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Home My WebLink About2022 02 22 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 22, 2022 CALL TO ORDER Chairperson Matthew Criswell called to Order the Tuesday, February 22, 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, present 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 No changes were made to the agenda and the City Clerk swore in those who would be providing testimony. AWARDS AND PRESENTATIONS 100. Not Used CONSENT AGENDA 200) Approval of the Tuesday, January 25, 2022 Code Enforcement Regular Meeting Minutes Vice-Chairperson Kaprow suggested the minutes, in relation to Item 500, include that the respondent admitted renting the property between December 28th and January 3rd. "MOTION TO ACCEPT MINUTES WITH THE MENTIONED ADDITION." MOTION BY VICE-CHAIRPERSON KAPROW. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: GILDEA (AYE); ROBINSON (AYE); BURNS (AYE); PARSONS (AYE); THOMSON (AYE); KAPROW (AYE); CRISWELL (AYE) CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – FEBRUARY 22, 2022 PAGE 2 OF 5 MOTION CARRIED 7-0. PUBLIC HEARINGS – CONTINUED CASES 300. Not Used PUBLIC HEARINGS – REPEAT CASES 400. Not Used PUBLIC HEARINGS – NEW CASES 500) Case# 2021CE0002897 Yesenia Newman 34 Jackson Circle City Ord 13-1 General Prohibition Note: The Respondent was present. 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 invited Ms. Jennifer Kenast to provide testimony. Ms. Jennifer Kenast, 36 Jackson Circle, Winter Springs entered 18 photographs into the record and offered testimony regarding a long- standing dispute with her neighbor and the impact of her neighbor’s lights which she noted illuminated her yard and her bedroom and which were on for long periods of time. Ms. Yesenia Newman, 34 Jackson Circle, Winter Springs entered 23 photos into the record and offered testimony regarding the long- standing dispute and noted safety concerns for her family, related to her neighbors and wildlife, as the reason the lights were needed. Deputy Chief Tracht recommended a fine of two-hundred and fifty dollars ($250) a day if the respondent did not adjust the lights within six (6) calendar days, February 28, 2022. Discussion followed with Board Members asking about light placement and the ability to adjust the lights to minimize impact onto neighboring properties. “I MOVE TO FIND THAT BASED ON THE TESTIMONY PRESENTED AND THE EVIDENCE ENTERED INTO THE RECORD WE MAKE A FINDING OF FACT THAT RESPONDENT HAS VIOLATED CITY CODE IN CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – FEBRUARY 22, 2022 PAGE 3 OF 5 THE FOLLOWING MANNER, CITY ORDINANCE 13-1 GENERAL PROHIBITION, IN THAT RESPONDENT HAS PUT SPOTLIGHTS ON THEIR PROPERTY THAT DELIBERATELY ILLUMINATE THE ADJACENT PROPERTY TO HARASS THE ADJACENT PROPERTY OWNER AND HAVE REFUSED TO REMEDY THIS NUISANCE DESPITE REPEATED ENCOUNTERS WITH THE WINTER SPRINGS POLICE DEPARTMENT AND REQUESTS TO DO SO. I ASK THAT THIS BOARD ORDER THE HOMEOWNER TO ADJUST ALL LIGHTING AS TO NOT SHINE ANYWHERE WITHIN REASON ONTO 36 JACKSON CIRCLE OR CREATE ANYTHING THAT WOULD PROJECT LIGHT ONTO 36 JACKSON CIRCLE WITHIN SIX (6) CALENDAR DAYS, 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 HUNDRED AND FIFTY DOLLARS ($250.00) SHALL BE IMPOSED EACH DAY THE VIOLATION CONTINUES THEREAFTER.” MOTION BY VICE CHAIRPERSON KAPROW. SECONDED BY BOARD MEMBER BURNS. DISCUSSION. VOTE: GILDEA (AYE); ROBINSON (AYE); BURNS (AYE); PARSONS (AYE); THOMSON (AYE); KAPROW (AYE); CRISWELL (AYE) MOTION CARRIED 7-0. 501) Case# 2021CE001969 722 Lakeside Drive Anthony Kouis Caroline Kouis IPMC 304.10 Stairways, Decks, Porches and Balconies WS City Ord 13-2(C) Overgrown yard IPMC 304.2 Protective Treatment IPMC 304.9 Overhang Extensions IPMC 302.1 Sanitation IPMC 304.6 Exterior Walls 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – FEBRUARY 22, 2022 PAGE 4 OF 5 “I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE IPMC 304.10 Stairways, Decks, Porches and Balconies; WS City Ord 13- 2(C) Overgrown yard; IPMC 304.2 Protective Treatment; IPMC 304.9 Overhang Extensions; IPMC 302.1 Sanitation DUE TO BLACK GROWTH; AND IPMC 304.6 Exterior Walls SAME PROBLEM BASED ON EVIDENCE AND TESTIMONY PROVIDED BY CITY STAFF AND ORDER THAT REPSPONDENT BE GIVEN UNTIL MARCH 24, 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: GILDEA (AYE); ROBINSON (AYE); BURNS (AYE); PARSONS (AYE); THOMSON (AYE); KAPROW (AYE); CRISWELL (AYE) MOTION CARRIED 7-0. 502) Case# 2021CE002770 700 Cottontail Court Heather Williams WS City Ord. 13.2(c) Overgrown Yard IPMC 304.7 Roofs and Drainage Note: The Respondent was present. Ms. 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. Mr. Jeff Williams, 700 Cottontail Court, Winter Springs offered testimony regarding contractor issues, admitted to the violations, and asked for at least 90 days to try to correct the situation. Discussion followed on necessary time and the Board asked if six (6) months would be sufficient time to remedy the situation. Mr. Williams was confident that six (6) months would be sufficient. “I MOVE TO FIND THAT BASED ON THE TESTIMONY PRESENTED AND ADMISSIONS OF THE RESPONDENT THAT WE MAKE A FINDING OF