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HomeMy WebLinkAbout2021 04 27 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AID R I L 27, 2021 CALL TO ORDER Chairperson Matthew Criswell called to Order the Tuesday, April 27, 2021 Regular Meeting of the Code Enforcement Board at 5:30 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Roll Call: Chairperson Matthew Criswell, present Vice-Chairperson Maurice Kaprow, present Board Member Michael Burns, present Board Member Stephen Gildea, present Board Member Carole Giltz, absent Board Member Dennis Robinson, present Senior City Attorney Jennifer Nix, present City Clerk Christian Gowan, present Captain Matt Tracht informed the Board that Item 500 would be pulled as they were in compliance. The Board agreed to the changes and no further agenda changes were made. City Clerk Christian Gowan swore in all those offering testimony- Deputy Chief Matt Tracht, Code Officers Terri Guerra and Mariah Quinn, and Respondents. AWARDS AND PRESENTATIONS 100) Not Used CONSENT AGENDA 200) Approval of the Tuesday, March 23, 2021 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 27,2021 PAGE 2OF10 "I MOVE WE ACCEPT THE MINUTES AS PRESENTED." MOTION BY VICE-CHAIRPERSON KAPROW. SECONDED BY BOARD MEMBER BURNS. DISCUSSION. VOTE: KAPROW (AYE); ROBINSON (AYE); CRISWELL (AYE); BURNS (AYE); GILDEA (AYE) MOTION CARRIED 5-0. PUBLIC HEARINGS — NEW CASES 500) Case# 2020CE002561 122 South Moss Road Christine A. Raditz - Tenancy by Entirety Dale Raditz - Tenancy by Entirety IPMC 304.7 Roof and Drainage This item was pulled from the agenda. 501) Case# 20210E000373 55 Hayes Road John Pendarvis - Joint Tenants with Right of SurvivorshiR Christine Abruzzese - Joint Tenants with Right of Survivorship WS City Ord. 40-411 (b) Trailers in Residential Areas WS City Ord. 20-431 (f) Parking, Storage of Recreational Vehicles The Respondent was present. Deputy Chief Matt Tracht testified, "It was an anonymous phone complaint handled by myself. I investigated this complaint, observed the PV (Recreational Vehicle) it's parked on the south side of the driveway. I monitored this for a couple weeks before any official action was taken. During that time I noticed it had moved off the property once and then it returned. It is consistent with what their camping plans were. On the 261" I sent out a Notice of Code Violation (NCV) indicating the two violations. I forwarded them a compliance date of March 261", 2021. That letter was returned unclaimed back to us." Photos of the property were shown from "Presentation." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 27,2021 PAGE 3OF10 "On April 51" I hand delivered the Notice of Code Board and returned a copy of the NCV to the property owners. That is the only time I have had discussions with them and gave them some options what they needed to do with the PV to get it into compliance. Additionally, posted it at City Hall and mailed certified in accordance with Florida State Statue 162. - [After] talking to the owners they do have plans of coming into compliance. They are going to move the trailer behind the front end of the property to the south side; there are some trees that need to be removed which they are in the process of getting permitting for that. Sounds like the end of Maytheywill be in compliance. I askthatyou find then in violation of these ordinances; I don't know the length of the PV so that might bring more Ordinances. I recommend another thirty (30) days maybe till the end of May to come into compliance. - If they cannot come into compliance bythe end of May I would saya fifty ($50.00) dollar fee be imposed from that day on." Board Members asked for clarification of the recommendation and noted with the work needed to be done that they wanted to give sufficient time. Mr. John Pendarvis and Mrs. Christine Pendarvis, 55 Hayes Road, Winter Springs, Florida testified, "We are trying to move forward to be in compliance, our length [of the PV] is only twenty-seven feet so we are in compliance with the permit. We have a tree service under contract,they gave us a date of May 201" and they are trying to push it forward, we are in their calendar sooner when they have an opening.The fence company is on board to do work after that." Mr. Pendarvis spoke, "We hired Tree Monkey out of Oviedo, they're permitted, licensed and insured and the fencing company we hired is called All County Fence. We are trying to make sure it is done properly in order to come into compliance." Discussion ensued on thetimeline of the tree removal, permitting forthe fences and dates for the respondents to have enough time to get the work done and come into compliance. Additional dates were suggested. City Attorney Jennifer Nix clarified violations for the Board's motion. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT REPPPONDENT BE GIVEN UNTIL JUNE 4, 2021 TO CORRECTTHE VIOLATION. IN THE EVENTTHE RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF FIFTY DOLLARS ($50.00) SHALL BE IMPOSED EACH DAY THE VIOLATION CONTINUES CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 27,2021 PAGE 4OF10 THEREAFTER." MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: GILDEA (AYE); CRISWELL (AYE); BURNS (AYE); ROBINSON (AYE); KAPROW (AYE) MOTION CARRIED 5-0. 502) Case# 20210E000660 207 Bennett Street Kathleenn M Thomas Trustee City Ord. 20-434 Commercial Vehicles City Ord. 20-438 Vehicles Parked on Yard City Ord. 17-1 Obstruction of Sidewalk City Ord. 12-53 Abandonment of Motor Vehicle (Expired tags The Respondent was present. Code Officer Mariah Quinn introduced the case and testified, "So the date of the complaint came in on January 21, 2021, 1 had gone out to verify but it was not there the date of my inspection but I did verify the violation on January 23, 2021. 1 wrote a written warning and placed it on thevehicle and then I sent an NCV (Notice of Code Violation) on February], 2021. On, February 15, 2021 1 amended the NCV because there was no valid business licenses for the commercial business being run out ofthe home and he was advertising on Facebook that 207 Bennett was his business address. On, February 27, 2021 1 spoke to Todd Degroat, he is the tenant and it is his mother that owners the property, he lives at the property regarding the violations at the property. At that time he was very eager to bring everything into compliance, he immediately took down off of Facebook his business address being at 207 Bennett. He told me that he was going to go down and get his business license renewed because it had expired. He asked if we called call his mother and let her know that he was going to work with me on getting those violations corrected. So, we did contact his mother, Kathleen M.Thomas,to discuss the steps that he needed to take to get the property into compliance." Code Officer Quinn continued, "On, March 9, 2021 1 spoke with Todd about the status of the property. The commercial truck was still parked at the residence but the large trailer and construction equipment were no longer present. He told me at that time that he had been in an accident and that his personal truck got totaled in the accident. He CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 27,2021 PAGE 5OF10 needed that truck [the commercial truck] to get back and forth to the property. At that time I discussed with him as long as he did not bring any of the commercial equipment [back] - if he could park his F350 flatbed where he is not blocking the sidewalk I could work with him and give him a littletime until he bought a newtruck. On, March 21 1 received a call from one of the neighbors about construction equipment being back at the property. So, I called Todd and he advised me that he was working on a landscaping project at the home and he would move the equipment as soon as the project was completed the following day. He told me it would be gone on Sunday, which it was. March 23 all construction equipment was removed from the yard and I had closed the case on the condition that all construction equipment would be no longer parked at the property and the commercial vehicle would no longer be parked at the residences. At that time, he told me he was in the process of buying a truck. He wasn't going to need to be parking the commercial truck there any longer. He asked to give him a few days to purchase the vehicle. I agreed to close the case with the stipulation that if he were to bring any of the commercial equipment back to the property it would be immediately beset for Code Board which he agreed to. On April 3, 2021 a new case was open for a commercial vehicle being parked at the residence blocking that sidewalk. A personal truck was purchased so the commercial truck would no longer be parked at the residence but both vehicles were on site April 3rd. I wrote him a written warning with a compliance date of the following morning. When I went back the following morning, April 41" 2021, the commercial vehicle was parked in the driveway and the new truck that he had purchased was parked in the front yard. On April 131", 2021 1 sent an updated NCV, the property listed as a business was removed and hand delivered Kathleen Thomas a new NCV posting of the violations. She has been keeping in contact regularly about the ongoing issues with her son at the property and she gave me her updated address." Photos of the property were shown from "Presentation." "As of this hearing, I ask that you find the homeowner in violation of ordinances that I've given testimonyto, and would extend no more than thirty (30) days (May 27, 2021) to come into compliance. If no compliance is met after that additional time, I ask that a fine of two hundred and fifty dollars ($250.00) a day be imposed. I'm available for any questions if you have any and the property owner, Ms. Thomas, is here as well." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 27,2021 PAGE 6OF10 Discussion followed on the business license and appropriate timelines for compliance. Attorney Nix asked for clarification about the April 131" hand-delivered NCV and the noticed violations and suggested the Board look at only Sections 20-434 and 20-438 which were included in the Notice of Code Board Hearing. The Board confirmed that they would only consider Sections 20-434 and 20-438. Ms. Kathleen Thomas, 744 Shadow Trail, Longwood, FL, "I was provided all these complaints. He thinks because you own something you can do whatever you want. She [Officer Quinn] personally came to my house and handed me all these notices. I hired a lawyer to do an eviction on this kid, then he convinced me he would never do it again. That was a week ago and so far nothing. But I still have an eviction started in case he parks the equipment there again, and if he does I have kindly asked that she [Officer Quinn] call me and I will put in the court paperwork." After brief discussion Ms. Thomas confirmed that May 27, 2021 would be sufficient time to comply and was also fine with an earlier date. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE, CITY ORDINANCE 20-434, COMMERCIAL VEHICLES AND CITY ORDINANCE 20-438, VEHICLES PARKED ON YARD,AND ORDER THAT REPSPONDENT BE GIVEN UNTIL APRIL 29, 2021 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY VICE- CHAIRPERSON KAPROW. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: ROBINSON (AYE); BURNS (AYE); KAPROW (AYE); GILDEA (AYE); CRISWELL (AYE) MOTION CARRIED 5-0. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 27,2021 PAGE 7OF10 503) Case# 20210E000310 1613 Wood Duck Drive Mary A. Kenny WS City Ord. 6-195 Maintenance of Fences WS City Ord. 17-1 Obstruction of Sidewalk WS City Ord. 13-2 (b) Yard Trash WS City Ord. 13-2 (c) Overgrown Yard IPMC 302.1 Sanitation IPMC 301.3 Vacant Structures The Respondent was present. Code Inspector Guerra introduced the case and testified, "On Feb 182021 1 verified the complaint, on February 19, 2021 NCV was sent to the owner of the propertywith a correction date of March 22, 2021. On March 31, 2021 1 checked the property and the fence still had several slats broken. The walkway to the front door had weeds and leaves covering it. The tree in front of the house, there is branches hanging into the sidewalk that hit my forehead, so I'm pretty sure that it's pretty low. The yard is still overgrown and the backyard looked overgrown as well. On April 1, 2021 1 posted the property for Code Board and at City Hall. I also sent notice certified and first class to the owner. On April 16, 2021 1 checked the property again and the notice was gone from the front door. There was also a keybox attached to the front door. Violations still persist except the front sidewalk was blown off, but the trees are still hanging into the sidewalk." Photos were shown from the "Presentation." Continuing, Inspector Guerra testified "as of this hearing, I ask that you find the homeowner in violation of ordinances that I have given testimony to, and would extend up to 30 days - May 27, 2021 - or at the board's discretion, to come into compliance. If no compliance is met after that additional time, I ask that a fine of $250.00 per day." Board members asked about the possibility of the house being for sale Mr. Colin Kenny 693 Palm Ave, Goodland, FL testified, "I've been coming to the place about once a week. My mom owns the house, she lives in an assisted living facility and is incapable of leaving, and she has been on lockdown. I have been cutting the grass, twice, I blew leaves off the sidewalk. I've been coming there approximately once a week. I repaired CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 27,2021 PAGE 8 OF 10 the fence on one side and actually I'm going to repair the fence on the other side. My brother was living in the house, Dennis Kenny he died in November, November 91". He was maintaining the yard. We're trying to figure out what to do with it. I don't know anything about the key thing. I am trying to get everything done." Discussion followed on a sufficient timeline to get in compliance and the possibility of hiring a lawn service to assist with the yard waste. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT REPSPONDENT BE GIVEN UNTIL JUNE 11, 2021 TO CORRECTTHE VIOLATION. IN THE EVENTTHE RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER BURNS. SECONDED BY BOARD MEMBER GILDEA. DISCUSSION. VOTE: CRISWELL (AYE); KAPROW (AYE); GILDEA (AYE); BURNS (AYE); ROBINSON (AYE) MOTION CARRIED 5-0. PUBLIC HEARINGS — NON-COMPLIANCE CASES 600) Cases# 2020CE001964 492 Lancers Drive Lydia Willamil-Heir WS City Ord. 6-195 Maintenance of Fences WS City Ord. 13-2(b) Junk and Debris WS City Ord. 13-2(c) Overgrown Yard Original Hearing Date: February 23, 2021 The Respondent was present. Code Inspector Guerra introduced the case and testified, "On February 23, 2021 1 presented this case to the board. The owner was found to be in violation, and a corrective action date of March 23, 2021 was afforded. If not corrected, a fine of $250.00 per day would be assessed. During my re-inspection, the owner was still in violation. I attempted to call a number I found in our Cafe system for a daughter Myrian Villamil and left CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 27,2021 PAGE 9OF10 a message. I also attempted to call owner's husband Francisco Villamil with a number I located and was unable to get in contact with anyone. On April 1, 2021 1 posted the property and City Hall with non-compliance notice of hearing. I also sent the notice certified and first class to the owner." Inspector Guerra showed photos from "Presentation." Inspector Guerra continued, "In regards to this case, I recommend the original order from the Board be imposed as a 250.00 fine per day until all the violations are in compliance." Mr. David Villamil, 492 Lancers Drive, Winter Springs - "The reason she wasn't able to get ahold of anybody was because everyone she tried to call has passed. I recently moved in almost a year ago. I didn't know this was going on until this month. I did cut back the trees and that is not a blanket. To my knowledge I don't have to have a privacy fence up - that is a screen to keep my ducks in. She [Inspector Guerra] showed a picture of debris on the side of house, I saw a child's bike - I recently tried to throw away a bed frame but they didn't take it so I pulled it back to the side of the house. I have a lawn guy that comes to cut the grass, he didn't for a while but he is back. Other than that I don't see where I am in violation. If the screen can't be there, tell me and I will take that down." Discussion followed on possible Homeowner's Association requirements, violations that still exist, and the original order. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND THAT PENALITY SET FORTH IN THIS BOARD'S PREVIOUS ORDER DATED MARCH 1, 2021 SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY VICE-CHAIRPERSON KAPROW. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: BURNS (AYE); GILDEA (AYE); ROBINSON (AYE); KAPROW (AYE); CRISWELL (AYE) MOTION CARRIED 5-0. Attorney Nix commented on the lien reduction process and explained the process. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 27,2021 PAGE 10OF10 ADD-ON) Provision of Public Information about Mediation to Respondents Vice-Chairperson Kaprow noted receiving some information about Mediation Programs for Residential Property Claim Disputes operated through the Chief Financial Officer of the State of Florida's Office, explained the process and referenced a brochure. It was asked that the Board be able to provide this a copy of this brochure to individuals that come through with roof issues as a piece of public information, not offering legal advice. The Board would ask the City Clerk to print and have available. Attorney Nix confirmed this was above board and reiterated it was not the City giving legal advice. "MOTION TO APPROVE." MOTION BY BOARD MEMBER BURNS. SECONDED BY BOARD MEMBER GILDEA. DISCUSSION. VOTE: CRISWELL (AYE); BURNS (AYE); ROBINSON (AYE); KAPROW (AYE); GILDEA (AYE); MOTION CARRIED 5-0. REGULAR AGENDA 700) Not Used Chairperson Criswell adjourned the Regular Meeting at 6:40 p.m. RESPECTF LLY SUBMITTED: CHRISTIAN GOWAN CITY CLERK NOTE: These Minutes were approved at the August 24,2021 Code Enforcement Board Regular Meeting.