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HomeMy WebLinkAbout2022 08 30 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 30, 2022 [RESCHEDULED FROM AUGUST 23, 2022] CALL TO ORDER Chairperson Maurice Kaprow called to Order the Tuesday, August 30, 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 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 Mr. Christian Gowan, City Clerk noted a typographical error in the minutes included for approval. Mr. Gowan noted that the Board could still consider approval of the minutes and that the correction would be made. Captain Kevin Presley noted that Item 501 would be pulled from the agenda as it had come into compliance. REGULAR AGENDA- PART 1 700. Election for Vice-Chairperson of the Code Enforcement Board for Remainder of Calendar Year 2022. Chairperson Kaprow opened nominations for Vice- Chairperson of the Code Enforcement Board for remainder of calendar year 2022. Board Member Gildea nominated Board Member Michael Burns to be the Vice-Chairperson. Board Member Parsons seconded the nomination and Board Member Burns accepted the nomination, No other nominations were made. VOTE: GILDEA (AYE); ROBINSON (AYE); THOMSON (AYE); PARSONS (AYE); KAPROW (AYE); BURNS (AYE) CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 30,2022 [RESCHEDULED FROM AUGUST 23,2022] PAGE 2OF9 MOTION CARRIED 6-0 MICHAEL BURNS WAS ELECTED AS THE VICE-CHAIRPERSON AWARDS AND PRESENTATIONS 100. Not Used CONSENT AGENDA 200)Approval of the Tuesday, July 26, 2022 Code Enforcement Regular Meeting Minutes. No discussion. "I MOVE TO ACCEPT THE MINUTES." MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER THOMSON. DISCUSSION. VOTE: THOMSON (AYE); PARSONS (AYE); BURNS (AYE); ROBINSON (AYE); GILDEA (AYE); KAPROW (AYE) MOTION CARRIED 6-0. PUBLIC HEARINGS - CONTINUED CASES 300. Not Used PUBLIC HEARINGS - REPEAT CASES 400. Not Used PUBLIC HEARINGS - NEW CASES 500)Case# 2022CE000200 1271 Belle Ave. BK Sports Enterprises Inc. WS City Ord. 9-241 Storm Water Management WS City Ord. 8-33 Development Permit Required Note: The Respondent was present. Ms. Mariah Quinn, Code Enforcement Specialist, Winter Springs Police Department introduced the case, offered testimony on the procedures of notice and the present violations, and showed photos from the "Presentation." The Board accepted the packet as published into evidence without objection. Ms. Quinn recommended a compliance date of October 14, 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-AUGUST 30,2022 [RESCHEDULED FROM AUGUST 23,2022] PAGE 3OF9 Mr. Rich Boyd, 7277 Belle Avenue, Winter Springs offered testimony, shared safety concerns , and noted that he didn't think the pond was necessary. Discussion followed on appropriate timelines for compliance, the permit process, and the possibility of continuing the item to hear from additional City staff. Mr. Shawn Boyle, City Manager, offered testimony noting that the City would need a minimum of 90 days to properly address the issue. "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE, WINTER SPRINGS CITY ORDINANCE 9-241 STORM WATER MANAGEMENT AND WINTER SPRINGS CITY ORDINANCE 8-33 DEVELOPMENT PERMIT REQUIRED BASED ON THE TESTIMONY PRESENTED AND ORDER THAT RESPONDENT BE GIVEN UNTIL DECEMBER 22, 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) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER. MOTION BY BOARD MEMBER GILDEA. SECONDED BY VICE- CHAIRPERSON BURNS. DISCUSSION. VOTE: THOMSON (AYE); PARSONS (AYE); ROBINSON (AYE); GILDEA (AYE); BURNS (AYE); KAPROW (AYE) MOTION CARRIED 6-0. 501) Case# 2022CE001320 Parcel ID: 06-21-31-5VK-FD40-0000 Sant Commercial Building Inc. WS City Ord. 13-2(b) Junk and Debris This case was pulled from the agenda and not discussed. 502)Case# 2022CE001211 230 N 3rd Street Ivonne Rodriguez Obadich Rodriguez WS CITY ORD. 6-195 MAINTENANCE OF FENCES CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 30,2022 [RESCHEDULED FROM AUGUST 23,2022] PAGE 4OF9 WS CITY OPD. 20-413 ANIMALS Note: The Respondent was 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." The Board accepted the packet as published into evidence without objection. Ms. Sanchez recommended a compliance date of September 30, 2022 and a two-hundred and fifty dollar ($250) per day fine if this was not met Ms. Ivonne Rodriguez, 230 North Third Street, Winter Springs offered testimony and noted that some of the animals had been removed. Discussion followed on the definition of household pets, zoning, and permits. "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE, WINTER SPRINGS CITY ORDINANCE 6-195, MAINTENANCE OF FENCES AND WINTER SPRINGS CITY ORDINANCE 20-413 ANIMALS BASED ON THE TESTIMONY PRESENTED AND ORDER THAT RESPONDENT BE GIVEN UNTIL OCTOBER 30, 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) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER ROBINSON. SECONDED BY VICE- CHAIRPERSON BURNS. DISCUSSION. VOTE: THOMSON (AYE); PARSONS (AYE); ROBINSON (AYE); GILDEA (AYE); BURNS (AYE); KAPROW (AYE) MOTION CARRIED 6-0. 503)Case# 2022CE001253 440 Courtney Springs Circle (725 Contravest Lane) COUPTNEY SPRINGS LLC IPMC 504.1 GENERAL PLUMBING IPMC 607.1 GENERAL DUCT SYSTEM Note: The Respondent was present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 30,2022 [RESCHEDULED FROM AUGUST 23,2022] PAGE SOF9 Ms. Sanchez introduced the case, offered testimony on the procedures of notice and the violation, and showed photos from the "Presentation." The Board accepted the packet as published into evidence without objection. Ms. Sanchez recommended a compliance date of September 30, 2022 and a two-hundred and fifty dollar ($250) per day fine if this was not met. Ms. Sanchez noted that the issue related to I PMC 504.1 had been resolved. Ms. Lisa Harris, 440 Courtney Springs Circle offered testimony, noted attempts to schedule a duct cleaning which was set for August 31s' at 9:00 AM and difficulties communicating with the apartment resident. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE 607.1 GENERAL DUCT SYSTEM BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, WITHOUT THE ADDITIONAL PICTURES PROVIDED BY THE RESPONDENT, THAT WE ACCEPT THE FINDINGS OF THE CODE ENFORCEMENT OFFICER AS PRESENTED, AND ORDER THAT RESPONDENT BE GIVEN UNTIL SEPTEMBER 30, 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) A DAY SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: THOMSON (AYE); PARSONS (AYE); ROBINSON (AYE); GILDEA (AYE); BURNS (AYE); KAPROW (AYE) MOTION CARRIED 6-0. 504)Case# 2022CE001297 212 Birch Terrace Jerry M Van Kirk Suzanne M Van Kirk WS City Ord. 6-195 Maintenance of Fences WS City Ord. 6-87 Temp Structure Note: The Respondent was present. Ms. Sanchez introduced the case, offered testimony on the procedures of notice and the violation, and showed photos from the "Presentation." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 30,2022 [RESCHEDULED FROM AUGUST 23,2022] PAGE 6OF9 The Board accepted the packet as published into evidence without objection. Ms. Sanchez recommended a compliance date of September 30, 2022 and a two-hundred and fifty dollar ($250) per day fine if this was not met Mr. Jerry Van Kirk. 272 Birch Terrace, Winter Springs offered testimony regarding the POD permit, difficulties with a contractor that he was pursuing litigation against, and the replacement of the fence after previous storm damage. Attorney Nix sought clarification about the violations being cited and after brief discussion Ms. Sanchez noted she would pull the violation related to Winter Springs City Ordinance 6-195, Maintenance of Fences. Discussion followed on sufficient time to address the issues and the respondent noted he was amenable to the thirty-day suggestion. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE, WINTER SPRINGS CITY ORDINANCE 6-87 TEMPORARY STRUCTURES BASED ON EVIDENCE AND TESTIMONY PROVIDED AND ORDER THAT RESPONDENT BE GIVEN UNTIL SEPTEMBER 30, 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) A DAY SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: THOMSON (AYE); PARSONS (AYE); ROBINSON (AYE); GILDEA (AYE); BURNS (AYE); KAPROW (AYE) MOTION CARRIED 6-0. 504)Case# 2022CE001332 921 Oak Forest Drive TBR SFR ORLANDO OWNER 1 LP WS CITY ORD. 6-195 MAINTENANCE OF FENCES WS CITY ORD. 13-2 (B) JUNK & DEBRIS I P M C 109.2 TEMP SAFEGUARDS BUILDING CODE 6-217 ENCLOSURE REQUIRED CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 30,2022 [RESCHEDULED FROM AUGUST 23,2022] PAGE 7OF9 Ms. Sanchez noted that she would pull this case based on the discussion of Winter Springs City Ordinance 6-195 on the previous item and the remaining violations having come into compliance. PUBLIC HEARINGS - NON-COMPLIANCE CASES 600)Case #20210E003293 885 Benchwood Drive SFR Javelin Borrower LP WS City Ord. 6-186 Building Permit Required Note: The Respondent was not present. Ms. Quinn introduced the case, offered testimony on the procedures of notice and updates since the original hearing in July, and showed photos from the "Presentation." The Board accepted the packet as published into evidence without objection. Ms. Quinn recommended imposing the two-hundred and fifty dollar ($250) per day fine set forth in the Board's previous order. Attorney Nix sought clarification regarding the fence still being on the property. Ms. Quinn confirmed that she had witnessed the fence still on the property that day and hadn't had an opportunity to add a corresponding photo. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND THAT THE PENALTLY SET FORTH IN THIS BOARD'S PREVIOUS ORDER DATED JULY 28, 2022 SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER PARSONS. DISCUSSION. VOTE: THOMSON (AYE); PARSONS (AYE); ROBINSON (AYE); GILDEA (AYE); BURNS (AYE); KAPROW (AYE) MOTION CARRIED 6-0. 601) Case# 20210E003364 755 Bear Creek Circle Alice Vegas Conradi IPMC 108.1.3 Structure Unfit for Human Occupancy IPMC 109.1 Imminent Danger (Toxic Fumes) CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 30,2022 [RESCHEDULED FROM AUGUST 23,2022] PAGE 8 OF 9 IPMC 307.1 Accumulation of rubbish or garbage IPMC 504.1 General (Plumbing Systems and Fixtures) WS City Ord. 13-2(b) Junk and Debris Note: The Respondent was not present. Ms. Quinn introduced the case, offered testimony on the procedures of notice and updates since the original hearing in July, and showed photos from the "Presentation." The Board accepted the packet as published into evidence without objection. Ms. Quinn recommended imposing the two-hundred and fifty dollar ($250) per day fine set forth in the Board's previous order. Attorney Nix sought clarification on IPMC 504.1 and its status. Ms. Quinn noted she would pull that violation as she was comfortable deeming it in compliance. Discussion followed on the Board's authorization of the City to contract or complete work to the property. Captain Presley noted ongoing conversations to determine what actions the City was able to take. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE, WITH THE EXCEPTION OF IPMC 504.1 BASED ON THE EVIDENCE AND TESTIMONY PROVIDED BY CITY AND THAT THE PENALTLY SET FORTH IN THIS BOARD'S PREVIOUS ORDER DATED JULY 28, 2022 SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER ROBINSON. SECONDED BY BOARD MEMBER GILDEA. DISCUSSION. VOTE: THOMSON (AYE); PARSONS (AYE); ROBINSON (AYE); GILDEA (AYE); BURNS (AYE); KAPROW (AYE) MOTION CARRIED 6-0. REGULAR AGENDA-PART II 701. Not Used ADJOURNMENT Chairperson Kaprow adjourned the meeting at 7:23 PM CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST30,2022 [RESCHEDULED FROM AUGUST 23,2022] PAGE 9OF9 RESPECTFULLY SUBMITTED: CHRISTIAN D. GOWAN w c>r° ' Z CITY CLERK *: p_ o, : G , NOTE: These Minutes were approved at the C 2022 Code Enforcement Board Regular Meeting.