HomeMy WebLinkAbout2022 01 25 Code Enforcement Board Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING
JANUARY 25, 2022
CALL TO ORDER
Chairperson Matthew Criswell called to Order the Tuesday, January 25,
2022 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, absent, excused
Board Member Stephen Gildea, present
Board Member Howard Parsons, present
Board Member Dennis Robinson, present
Board Member Harold Thomson, present
Senior City Attorney Jennifer Nix, present
City Clerk Christian Gowan, present
Deputy Chief Matt Tracht informed the Board that Items 501 and 503
would be pulled from the agenda. The City Clerk then swore in those who
would be providing testimony.
REGULAR AGENDA – PART I
700. Election for Chairperson of the Code Enforcement Board for
Calendar Year 2020
Chairperson Criswell opened nominations for Chairperson of the Code
Enforcement Board for the calendar year 2022.
Board Member Robinson nominated Board Member Matthew Criswell
to be the Chairperson. Board Member Criswell accepted the nomination
and no other nominations were made.
VOTE: ROBINSON (AYE); KAPROW (AYE); CRISWELL (AYE); GILDEA (AYE);
PARSONS (AYE); THOMSON (AYE)
MOTION CARRIED 6-0.
MATTHEW CRISWELL WAS ELECTED AS THE CHAIRPERSON
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING –JANUARY 25, 2022
PAGE 2 OF 8
701. Election for Vice-Chairperson of the Code Enforcement Board for
Calendar Year 2020
Chairperson Criswell opened nominations for Vice- Chairperson of the
Code Enforcement Board for the calendar year 2022.
Board Member Robinson nominated Board Member Maurice Kaprow to
be the Vice-Chairperson. Board Member Kaprow accepted the
nomination and no other nominations were made.
VOTE: ROBINSON (AYE); KAPROW (AYE); CRISWELL (AYE); GILDEA (AYE);
PARSONS (AYE); THOMSON (AYE)
MOTION CARRIED 6-0
MAURICE KAPROW WAS ELECTED AS THE VICE-CHAIRPERSON
AWARDS AND PRESENTATIONS
100. Not Used
CONSENT AGENDA
200) Approval of the Tuesday, October 26, 2021 Code Enforcement
Regular Meeting Minutes
"MOTION TO APPROVE." MOTION BY VICE-CHAIRPERSON KAPROW.
SECONDED BY BOARD MEMBER GILDEA. DISCUSSION.
VOTE: ROBINSON (AYE); KAPROW (AYE); CRISWELL (AYE); GILDEA (AYE);
PARSONS (AYE); THOMSON (AYE)
MOTION CARRIED 6-0
PUBLIC HEARINGS – CONTINUED CASES
300. Not Used
PUBLIC HEARINGS – REPEAT CASES
400. Not Used
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING –JANUARY 25, 2022
PAGE 3 OF 8
PUBLIC HEARINGS – NEW CASES
500) Case# 2019CE002583
530 Julie Lane
Lisa J. Rambert
WS City Ord. 20-142 Operating an guest and tourist home in a RC-1
zoning
Zoning Uses Permitted within zoning for RC-1
Note: The Respondent, Ms. Lisa J. Rembert, was present.
Mr. Drew Smith, Shepard, Smith, Kohlmyer & Hand, P.A., represented
the City and presented the case to the Code Enforcement Board. Mr.
Smith asked questions of the witnesses and entered the following
information into the record:
City 1 – A copy of an email communication sent by Ms. Rembert
on December 21, 2021;
City 2 – A copy of Florida Statutes Sec. 509.013;
City 3 – A copy of Florida Statutes Sec. 509.032;
City 4 – A copy of Agenda Item 502, adoption of Ordinance 2011-
08, from the October 10, 2011 City Commission Regular Meeting;
City 5 – A copy of the City Code, Chapter 20, Article III, Sections 20-
103; 20-142; 20-143; 20-207.
Mr. Roderick O. Ford, Esquire, The Methodist Law Centre, 5745 SW 75th
Street, # 149, Gainesville, Florida, represented Ms. Rembert and entered
the following information into the record:
Respondent 1 – A copy of the City Code, Chapter 20, Article I,
Section 20-1. Definitions
Respondent 2 – Respondent’s Trial Brief and Memorandum of
Law
The following individuals provided testimony:
Ms. Lisa Rembert, 530 Julie Lane, Winter Springs offered testimony
regarding her interpretation of several legal definitions within the City
Code, and admitted renting or leasing the property via vacation rental
sites such as VRBO and Air BnB to others as a vacation rental. The
respondent further testified that she has rented the Property as a
vacation rental on multiple occasions in the last twelve months,
including between December 28, 2021 and January 3, 2022, and she
estimated having rented the Property four times for less than seven
days, and having rented the Property three or four times for more than
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING –JANUARY 25, 2022
PAGE 4 OF 8
one week. Respondent further testified that she currently has one
pending ten-day vacation rental booking.
Mr. Christopher Schmidt, Director, Community Development
Department offered testimony regarding permitted and prohibited
uses within the RC-1 Zoning District, in which the respondent lives.
Deputy Chief Matt Tracht, Winter Springs Police Department offered
testimony on the procedures of notice and the violation. Deputy Chief
Tracht also showed photos from “Presentation” and provided evidence
of several listings of the Property for lease/rent on multiple vacation
rental sites. Deputy Chief Tracht recommended a fine of two-hundred
and fifty dollars ($250) a day if the respondent did not cancel remaining
reservations and stop bookings on the property by 5:00 PM on January
27, 2022.
Extensive discussion occurred among Board Members regarding
homestead status of the property, restrictions on rentals, guest
limitations, and average lengths of stays.
Mr. Smith offered closing remarks for the City, noted that Ms. Rembert
admitted to renting the property as a vacation rental on numerous
occasions and was still accepting reservations in violation of the City
Code.
Mr. Ford offered closing remarks on behalf of Ms. Rembert. Mr. Ford
argued that the issue was a constitutional property rights issue and
that the City had no right to limit Ms. Rembert’s use of her property.
“I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE
AND ORDER THAT REPSPONDENT BE GIVEN UNTIL 5:00 PM, JANUARY
27, 2022 TO CORRECT THE VIOLATION MEANING TO CANCEL
REMAINING RESERVATIONS AND CEASE BOOKINGS OR HOLDINGS ON
THE PROPERTY WITHIN FORTY-EIGHT (48) HOURS OF THE BOARD’S
ORDER. 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 EACH DAY THE VIOLATION CONTINUES
THEREAFTER.” MOTION BY VICE-CHAIRPERSON KAPROW. SECONDED
BY BOARD MEMBER ROBINSON. DISCUSSION.
VOTE: ROBINSON (AYE); KAPROW (AYE); CRISWELL (AYE); GILDEA (AYE)
PARSONS (AYE); THOMSON (AYE)
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING –JANUARY 25, 2022
PAGE 5 OF 8
MOTION CARRIED 6-0.
501) Case # 2020CE001997
622 Locust Court
Adrien Love – Trustee
WS City Ord. 12-53 Disabled Vehicle
WS City Ord. 13-2 (c) Overgrown Yard
WS City Ord. 13-2 (b) Junk and Debris
This item was pulled from the agenda.
502) Case# 2021CE 000429
618 David Street
Charles R. Mcinturff
Connie L. Mcinturff
IPMC 304.7 Roofs and Drainage
Note: The Respondent was not present.
Ms. Terri Sanchez, Code Enforcement Specialist, Winter Springs Police
Department introduced the case, offered testimony on the procedures
of notice and the violation, and showed photos from the “Presentation.”
Ms. Sanchez recommended a compliance date of February 28, 2022 and
a two-hundred and fifty dollar ($250) per day fine if this was not met.
“I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE
AND ORDER THAT REPSPONDENT BE GIVEN UNTIL FEBRUARY 28, 2022
TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS
TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF TWO HUNDERED
AND FIFTY DOLLARS ($250.00) A DAY SHALL BE IMPOSED FOR EACH
DAY THE VIOLATION CONTINUES THEREAFTER.”
MOTION BY BOARD MEMBER ROBINSON. SECONDED BY BOARD
MEMBER GILDEA. DISCUSSION.
VOTE: ROBINSON (AYE); KAPROW (AYE); CRISWELL (AYE); GILDEA (AYE)
PARSONS (AYE); THOMSON (AYE)
MOTION CARRIED 6-0.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING –JANUARY 25, 2022
PAGE 6 OF 8
503) Case # 2020CE001997
622 Locust Court
Adrien Love – Trustee
WS City Ord. 12-53 Disabled Vehicle
WS City Ord. 13-2 (c) Overgrown Yard
WS City Ord. 13-2 (b) Junk and Debris
This item was pulled from the agenda.
504) Case# 2021CE000442
674 Venture Court
Michael T. Boulet
WS City Ord. 6-195 Maintenance of Fences
Note: The Respondent was not present.
Ms. Sanchez introduced the case, offered testimony on the procedures
of notice and the violation, and showed photos from the “Presentation.”
Ms. Sanchez recommended a compliance date of February 28, 2022 and
a two-hundred and fifty dollar ($250) per day fine if this was not met.
“I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE
AND ORDER THAT REPSPONDENT BE GIVEN UNTIL FEBRUARY 28, 2022
TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS
TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF TWO HUNDERED
AND FIFTY DOLLARS ($250.00) A DAY SHALL BE IMPOSED FOR EACH
DAY THE VIOLATION CONTINUES THEREAFTER.”
MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER
PARSONS. DISCUSSION.
VOTE: ROBINSON (AYE); KAPROW (AYE); CRISWELL (AYE); GILDEA (AYE)
PARSONS (AYE); THOMSON (AYE)
MOTION CARRIED 6-0.
505) Case# 2021CE000519
209 North Alderwood Street
Randy A. Marvin
IPMC 304.7 Roofs and Drainage
IPMC 304.2 Protective Treatment
WS City Ord. 13-2(D) Dead Tree
Note: The Respondent was not present.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING –JANUARY 25, 2022
PAGE 7 OF 8
Ms. Sanchez introduced the case, offered testimony on the procedures
of notice and the violation, and showed photos from the “Presentation.”
After brief discussion, Ms. Sanchez noted she would remove the violation
regarding City Code Section 13-2(d), Dead Tree from consideration for
this case.
Ms. Sanchez recommended a compliance date of February 28, 2022 and
a two-hundred and fifty dollar ($250) per day fine if this was not met.
“I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE
AND ORDER THAT REPSPONDENT BE GIVEN UNTIL FEBRUARY 28, 2022
TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS
TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF TWO HUNDERED
AND FIFTY DOLLARS ($250.00) A DAY SHALL BE IMPOSED FOR EACH
DAY THE VIOLATION CONTINUES THEREAFTER.”
MOTION BY BOARD MEMBER PARSONS. SECONDED BY BOARD
MEMBER THOMSON. DISCUSSION.
VOTE: ROBINSON (AYE); KAPROW (AYE); CRISWELL (AYE); GILDEA (AYE)
PARSONS (AYE); THOMSON (AYE)
MOTION CARRIED 6-0.
PUBLIC HEARINGS – NON-COMPLIANCE CASES
600) Case# 2021CE000660
207 Bennett Street
Kathleen M. Thomas
WS City Ord. 20-434 Commercial Vehicles
WS City Ord. 20-438 Vehicles Parked on Yard
Original Hearing Date: April 27, 2021
Note: The Respondent, Ms. Kathleen Thomas was present.
Ms. Mariah Quinn, Code Enforcement Specialist introduced the case,
offered testimony on the procedures of notice and the violation, and
showed photos from the “Presentation.” Ms. Quinn recommended a fine
for the four instances that she had observed the violation since the April
hearing.
Ms. Kathleen Thomas, 144 Shadow Trail, Longwood, Florida 32750 offered
testimony regarding her attempts to evict and difficulties due to COVID.
The following documents were
submitted into the record related to
Item 500,
Case# 2019CE002583
The following documents were
provided in reference to Items 502
and 505 respectively at the January
25, 2022 Code Enforcement Board
Regular Meeting