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HomeMy WebLinkAbout2021 09 28 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLOP IDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 28, 2021 CALL TO ORDER Chairperson Matthew Criswell called to Order the Tuesday, September 28, 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, absent, excused Board Member Howard Parsons, present Board Member Dennis Robinson, present Senior City Attorney Jennifer Nix, present City Clerk Christian Gowan, present Deputy Chief Matt Tracht informed the Board that Item 503 would be pulled from the agenda. The Board agreed to the change and no further agenda changes were made. City Clerk Christian Gowan swore in all those offering testimony- Deputy Chief Matt Tracht, Code Inspector Terri Guerra, and Respondents. AWARDS AND PRESENTATIONS 100. Not Used CONSENT AGENDA 200)Approval of the Tuesday August,24,2021 Code Enforcement Regular Meeting Minutes "MOTION TO APPROVE." MOTION BY BOARD MEMBER BURNS. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: ROBINSON (AYE); KAPROW (AYE); BURNS (AYE); PARSONS (AYE); CRISWELL (AYE) MOTION CARPI ED 5-0. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER28,2021 PAGE 2OF7 PUBLIC HEARINGS—CONTINUED CASES Not Used PUBLIC HEARINGS— REPEAT CASES 400)Case#2017CE000965 (Pehearing) 250 West State Road 434 Realty Income Properties 29 LLC ATTN: Family Dollar Stores I NC. WS City Ord.13-2(C) Junk and Debris/Dead Landscaping Original Hearing:June 27, 2017 Respondent was not present Code Inspector Guerra introduced the case, noted this was a repeat violation being reheard to include the full name of the corporation. She then testified, "It was verified March 11, 2021. While patrolling the area I noticed the propertywas in disarray. There was trash all over the parking lot and in the dumpster area. I left a note on the front door regarding cleaning up the property. • On April 29, 2021, May 20, 2021 and June 30, 2021, August 20, 2021, and September 5,2021, I also went by the property and the trash and landscaping were still in violation. On July 2, 2021 I called the business and spoke to Gashinda the manager. I asked her if she was planning on correcting the issue. She advised she would get it taken care of right away. On September 8, 2021 I posted a rehearing repeat violator notice at the property and City Hall. I sent a certified letter to the owner as well. On September 22, 2021 I checked the property again and there was still garbage in the parking lot and dumpster area and he landscaping was still not corrected. On June 27, 2017 the original case was heard bythe code board and found in violation of the code. September 24, 2018 the case went into compliance." Photos shown from "Presentation" and Code Inspector Guerra noted, "I did get a call today from the landscaping company and they said they would be correcting the landscaping issues dead vegetation and mulch next week. I asked them if they were in charge of keeping the litter in control.They said they only do the stuff in the grass area, anything in the parking lot is the store to handle...She said she would get with the corporation to let them know there is a violation and she would contact me again." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER28,2021 PAGE 3OF7 "As of this hearing, I ask that you find the owner in repeat violation of ordinance that I've given testimony to, and $ 400.00 a day fine be imposed on the property until it comes into compliance." Discussion followed on the landscaping company and the trash on the property. Attorney Nix noted that, depending on the Board's action, September 8, 2021 would be the starting date for any fees to be imposed. Attorney Nix also noted that the previous order was not recorded to allow for this correction to be made and that it would be obsolete after any action by the Board tonight. Brief discussion about an appropriate amount for the fine. "I MOVE TO FIND THE RESPONDENTS IN VIOLATION OF THE CITY CODE AS OF SEPTEMBEP 8, 2021, AND THAT SUCH VIOLATION CONSTITUTES A PEPEATVIOLATION UNDEPCHAPTEP162, FLOPIDA STATUTES.A FINE IN THE AMOUNT OF FIVE HUNDPED DOLLAPS ($500.00) FOP SEPTEMBEP 8, 2021 AND FOP EACH DAY THE PEPEAT VIOLATION CONTINUES THEPEAFTEP SHALL BE IMPOSED." MOTION BY BOAPD MEMBEP POBINSON. SECONDED BYVICE-CHAIPPEPSON KAPPOW. DISCUSSION. VOTE: POBINSON (AYE); KAPPOW (AYE); BURNS (AYE); PAPSONS (AYE); CPISWELL (AYE) MOTION CARPI ED 5-0. PUBLIC HEARINGS— NEW CASES 500)Case#20210E000941 964 Papaya Lane Kevin P. Burch WS City Ord.20-438 Vehicle Parked in Front Yard WS City Ord.13-2(C) Overgrown Yard WS City Ord.13-2(B) Junk and Debris Yard Waste IPMC 304.7 Roofs and Drainage The Respondent was present. Code Inspector Guerra introduced the case and testified, "I verified the complainton May7,2021.The Notice of Code Violation and a Resident's Guide for Parking Regulations pamphlet was sent to the owner of the property. On May 14, 2021 the letter was received per the tracking CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER28,2021 PAGE 4OF7 receipt. On May 19, 2021 1 received a call from the owner Mr. Burch advising he has been working a lot of hours and he just hasn't had time to correct the violations. He requested an extension until June 30, 2021. 1 agreed. On July 8, 2021 1 received two complaints regarding hisyard. I called him to get an update and Mr. Burch advised he called Waste Pro regarding trash in the right of way and they were supposed to pick it up and hadn't. He also advised he is still working on violations. I called Waste Pro and they advised they got a call from Mr. Burch on June 25, 2021 and they thought it had been picked up. I told them it hadn't and they need to please come and pick it up as soon as possible. On September 9, 2021 1 posted the property and City Hall with Notice of Code Board. I also sent certified letter to the owner of the property. On September 16, 2021 the notice was received thru certified letter as well." Photos shown from "Presentation." Code Inspector Guerra continued, "As of this hearing, I ask that you find the homeowner in violation of ordinances that I've given testimony to, and would extend no more than 30 days (October 28, 2021) to come into compliance. If no compliance is met after that additional time, I ask that a fine of$250.00 per day." At this time I'm available for any questions that you may have. Mr. Kevin R. Burch, 964 Papaya Lane, Winter Springs testified, "I have recently made some improvements, some of the stuff was removed. I had some issues with Waste Pro...had to make numerous calls...I had to get them to come out and pick it up. My girlfriend's friend is a landscape guy, I've had him do basic knock downs to keep it under control because my mower is out of service. He trimmed some of the branches back. The gutter hasn't been handled.The idea I had to make a designated parking area was to use turf block." Chairperson Criswell noted the need for permits with regard to the designated parking area. Mr. Burch commented further on his plans for a designated parking area and his busy schedule. Discussion followed on a sufficient amount of time to come into compliance and cited violations. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER28,2021 PAGE SOF7 "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT REPPPONDENT BE GIVEN UNTIL OCTOBER 28, 2021 TO CORRECTTHE VIOLATION. IN THE EVENTTHE RESPONDENT FAILSTO COMPLY BYTHIS DATE A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) SHALL BE IMPOSED EACH DAYTHE VIOLATION CONTINUES THEREAFTER." MOTION BY VICE CHAIRPERSON KAPROW. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: ROBINSON (AYE); KAPROW (AYE); BURNS (AYE); PARSONS (AYE); CRISWELL (AYE) MOTION CARPI ED 5-0. 501)Case#2021 C E000981 653 North Endeavour Jose Irizarry-Tenancy by Entirety Miriam Irizarry-Tenancy by Entirety IPMC 304.7 Roofs and Drainage The Respondent was present. Code Inspector Guerra introduced the case and testified, "I verified the complaint on May 11, 2021. A Notice of Code Violation and a Resident's Guide for Parking Regulations pamphlet was sent to the owner of the property. On May 22, 2021 the letter was left with an individual. On July 9, 2021 1 checked the property and all violations were corrected except the tarp on the roof. On September 8, 2021 1 posted the property and City Hall with Notice of Code Board. I also sent a notice certified September 15, 2021. The Code Board notice was left with individual." Photos were shown from "Presentation." Code Inspector Guerra continued, "As of this hearing, I ask that you find the homeowner in violation of ordinances that I've given testimony to, and would extend no more than 9 0 days (December 28, 2021) to come into compliance. If no compliance is met after that additional time, I ask that a fine of$250.00 per day. At this time I'm available for any questions that you may have." Mr. Jose lrizarry, 653 N Endeavour Drive, Winter Springs testified, "The reason it [photographed tarp] is a different color is because the sun beats on it so much and I had another leak.The roofers said we're not replacing the tarp for you, only replacing onetime, so I had to buy one myself...The insurance dropped me because I put in a claim. It is in a lawsuit. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER28,2021 PAGE 6OF7 Discussion followed on the timeline of events, the state mediation program, and a reasonable amount of time to come into compliance. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT REPPPONDENT BE GIVEN UNTIL MARCH 28, 2022 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BYTHIS DATE A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) SHALL BE IMPOSED EACH DAYTHE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER ROBINSON. SECONDED BY BOARD MEMBER BURNS. DISCUSSION. VOTE: ROBINSON (AYE); KAPROW (AYE); BURNS (AYE); PARSONS (AYE); CRISWELL (AYE) MOTION CARPI ED 5-0. 502)Case#20210E000991 201 Williams Road Daniel A Geist WS City Ord.20-438 Vehicle Parked in front yard WS City Ord.20-434 Commercial Vehicles WS City Ord.20-411 Boat and Trailer WS City Ord. 6-195 Maintenance of Fences WS City Ord.13-2(B) Junk and Debris Yard Waste I P M C 302.1 Sanitation Respondent not present. Code Inspector Guerra testified, "I verified the complaint on May 12, 2021. A Notice of Code Violation was sent to the owner of the property. On June 15, 2021 the letter was returned. On July 27, 2021 1 posted the Notice of Code Violation at the property. On September 8, 2021 1 posted the property and City Hall with code board notice. I also sent notice certified. There has been no contact from the owner of the property." Photos were shown from "Presentation." Code Inspector Guerra continued, "As of this hearing, I ask that you find the homeowner in violation of ordinances that I've given testimony to, and would extend no more than 30 days (October 28, 2021) to come into compliance. If no compliance is met after that additional time, I ask that a fine of $250.00 per day." Brief discussion followed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR M EETING-SEPTEMBER 28,2021 PAGE 7OF7 "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT REPSPONDENT BE GIVEN UNTIL OCTOBER 28, 2021 TO CORRECTTHE VIOLATION. IN THE EVENTTHE RESPONDENT FAILSTO COMPLY BYTHIS DATEA FINE INTHEAMOUNTOFTWO HUNDREDAND FIFTY DOLLARS($250.00)SHALL BE IMPOSED EACH DAYTHE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER BURNS. SECONDED BY VICE-CHAIRPERSON KAPROW. DISCUSSION. VOTE: ROBINSON (AYE); KAPROW (AYE); BURNS (AYE); PARSONS (AYE); CRISWELL (AYE) MOTION CARRIED 5-0. 503)Case#20210E001188 226 Bitterwood Street Khammanh Norravong -Joint Tenants with Right of Survivorship Sanh Norravong -Joint Tenants with Right of Survivorship WS City Ord.20-438 Vehicles Parked of Front Yard WS City Ord.13-2(B) Junk and Debris This item was pulled from the agenda. PUBLIC HEARINGS— NON-COMPLIANCE CASES Not Used REGULAR AGENDA Not Used ADJOURNMENT Chairperson Criswell adjourned the meeting at 6:18 PM = � yo` 1,•�+ * •. �dOw', %.� RESPECTFUL L Y SUBMI TTED. �•(E CTI RISTIAN GOWAN '�, :,.40�NI , CITY CLERK "44 { 7�••...,,.•• NOTE: These Minutes were approved at the v 2021 Code Enforcement Board Regular Meeting.