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HomeMy WebLinkAbout2022 07 26 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING J U LY 26, 2022 CALL TO ORDER Chairperson Matthew Criswell called to Order the Tuesday, July 26, 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, absent - excused Board Member Michael Burns, present Board Member Stephen Gildea, present Board Member Howard Parsons, absent - excused Board Member Dennis Robinson, present Board Member Harold Thomson, present Senior City Attorney Jennifer Nix, present City Clerk Christian Gowan, present Captain Kevin Presley noted that Item 502 would be pulled from the agenda as it had come into compliance. AWARDS AND PRESENTATIONS 100. Not Used CONSENT AGENDA 200)Approval of the Tuesday, April 26, 2022 Code Enforcement Regular Meeting Minutes. No discussion. 201)Approval of the Tuesday,June 28, 2022 Code Enforcement Board Regular Meeting Minutes No discussion "I MOVE TO ACCEPT THE TWO SETS OF MINUTES." MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY26,2022 PAGE 2OF9 VOTE: THOMSON (AYE); GILDEA (AYE); BURNS (AYE); ROBINSON (AYE); CRISWELL (AYE) MOTION CARRIED 5-0. PUBLIC HEARINGS - CONTINUED CASES 300. Not Used PUBLIC HEARINGS - REPEAT CASES 400. Not Used PUBLIC HEARINGS - NEW CASES 500)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) 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. 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 August 26, 2022 and a two-hundred and fifty dollar ($250) per day fine if this was not met. Officer Tracy Fugate, Winter Springs Police Department was called as a witness and offered testimony about the condition of the inside of the residence. Officer Fugate and Ms. Quinn detailed efforts to connect the respondent with resources and assistance which had been refused. Ms. Jennifer Nix, Senior City Attorney sought to clarify if Ms. Quinn was also seeking the Board to consider Section 13-4, City Code authorizing the City to complete necessary work or contract work to bring the property into compliance. Ms. Quinn noted she was seeking consideration of Section 13-4. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY26,2022 PAGE 3OF9 Discussion followed on the work that would need to be completed. Captain Kevin Presley, Winter Springs Police Department noted that the City would have to contract any work that would be required. Further discussion followed on an appropriate fine. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AS CITED IN THE NOTICE OF VIOLATION BASED ON THE EVIDENCE PRESENTED INCLUDING PHOTOS AND TESTIMONY FROM STAFF, THAT WE ACCEPT THE FINDINGS OF THE CODE ENFORCEMENT OFFICER AS PRESENTED, AND ORDER THAT RESPONDENT BE GIVEN UNTIL AUGUST 26, 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. FURTHER IF RESPONDENTS FAIL TO REPAIR OR SECURE THE PROPERTY AND THUS FAIL TO COME INTO COMPLIANCE BY AUGUST 26, 2022, 1 FIND THE CITY SHOULD CORRECT THE VIOLATION AND THEREFORE THE CITY SHALL EITHER PERFORM OR CONTRACT FOR THE NECESSARY WORK TO BE PERFORMED IN ORDER TO REPAIR OR SECURE THE PROPERTY OR RENDER IT SAFE. THE COSTS AND EXPENSES OF SUCH WORK SHALL BECOME A LIEN UPON THE PROPERTY, WHICH LIEN MAY BE ENFORCED BY LAW." MOTION BY BOARD MEMBER BURNS. SECONDED BY BOARD MEMBER GILDEA. DISCUSSION. VOTE: THOMSON (AYE); GILDEA (AYE); BURNS (AYE); ROBINSON (AYE); CRISWELL (AYE) MOTION CARRIED 5-0. 501) 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 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 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY26,2022 PAGE 4OF9 date of August 26, 2022 and a two-hundred and fifty dollar ($250) per day fine if this was not met. Following brief discussion, Ms. Quinn noted that her last communication with the City Permitting Department confirmed a permit had still not been obtained by the respondent. "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE, WINTER SPRINGS CITY ORDINANCE 6-186, BUILDING PERMIT REQUIRED BASED ON THE TESTIMONY PRESENTED AND ORDER THAT RESPONDENT BE GIVEN UNITL AUGUST 26, 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 BOARD MEMBER THOMSON. DISCUSSION. VOTE: THOMSON (AYE); GILDEA (AYE); BURNS (AYE); ROBINSON (AYE); CRISWELL (AYE) MOTION CARRIED 5-0. 502)Case# 20210E002312 245 Mockingbird Lane Scott P. Warner Evelyn M. Warner WS City Ord. 20-438 Vehicles Parked in Front Yard WS City Ord. 13-2(B) Junk & Debris WS City Ord. 20-434 Commercial Vehicle Note: This item was pulled from the agenda. 503)Case# 2022CE000280 640 Alton Road Shirley K. Chavista Luz M. Chavista WS City Ord. 13-2(B) Tree Trimmings/Yard Trash/Junk and Debris IPMC 304.7 Roofs and Drainage IPMC 304.1 General Exterior IPMC 302.1 Sanitation Note: The Respondent was present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY26,2022 PAGE SOF9 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 24, 2022 and a two-hundred and fifty dollar ($250) per day fine if this was not met. Ms. Shirley Chavista, 640 Alton Road, Winter Springs offered testimony and noted that Luz Chavista had passed away, there had been a water leak and fire which necessitated the tarp, and that legal proceedings were coming to a close and a settlement had been reached. Ms. Chavista noted she could quickly remedy issues related to yard trash and debris but requested six (6) months to address the garage. Discussion followed on a reasonable timeline. Ms. Chavista noted that she was waiting on the money from the settlement agreement and was most concerned about the time to find a contractor and have the work completed. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE, WINTER SPRINGS CITY ORDINANCE 13-2(B) TREE TRIMMINGS/YARD TRASH/JUNK AND DEBRIS; IPMC 304.7 ROOFS AND DRAINAGE; IPMC 304.1 GENERAL EXTERIOR; IPMC 302.1 SANITATION BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, THAT WE ACCEPT THE FINDINGS OF THE CODE ENFORCEMENT OFFICER AS PRESENTED, AND ORDER THAT RESPONDENT BE GIVEN UNTIL JANUARY 24, 2023 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); GILDEA (AYE); BURNS (AYE); ROBINSON (AYE); CRISWELL (AYE) MOTION CARRIED 5-0. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY26,2022 PAGE 6OF9 504)Case# 2022CE000338 203 Arrowhead Court Armando J. Davila Maritza G. Davila IPMC 304.7 Roofs and Drainage 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." The Board accepted the packet as published into evidence without objection. Ms. Sanchez recommended a compliance date of August 26, 2022 and a two-hundred and fifty dollar ($250) per day fine if this was not met. Ms. Sanchez noted that the gutters had been cleaned as of July 6, 2022 but that the tarp and sandbags were still present. Mr. Armando J. Davila, 203 Arrowhead Court, Winter Springs offered testimony and noted that the roof was damaged in a 2018 hailstorm, that he was in litigation currently, and that he could remove the tarp but was uncertain about the timeline to repair the roof and may have to replace the tarp. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE, IPMC 304.7 ROOFS AND DRAINAGE BASED ON EVIDENCE AND TESTIMONY PROVIDED AND ORDER THAT RESPONDENT BE GIVEN UNTIL AUGUST 26, 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 ROBINSON. MOTION DIED FOR LACK OF A SECOND. Brief discussion followed on appropriate timeframes for tarps to be affixed to roofs. Ms. Sanchez offered some clarification and noted this was the first time that she had been in contact with the respondent. Further discussion followed on a reasonable timeline for compliance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY26,2022 PAGE 7OF9 "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE, IPMC 304.7 ROOFS AND DRAINAGE BASED ON EVIDENCE AND TESTIMONY PROVIDED AND ORDER THAT RESPONDENT BE GIVEN UNTIL OCTOBER 26, 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 ROBINSON. SECONDED BY BOARD MEMBER BURNS. DISCUSSION. VOTE: THOMSON (AYE); GILDEA (AYE); BURNS (AYE); ROBINSON (AYE); CRISWELL (AYE) MOTION CARRIED 5-0. 505)Case# 2022CE000395 106 North Alderwood Street Rafiq D. Rao Ruiz WS City Ord. 20-438 Vehicles Parked in the Front Yard WS City Ord. 13-2(B) Junk & Debris IPMC 302.1 Sanitation 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." The Board accepted the packet as published into evidence without objection. Ms. Sanchez recommended a compliance date of August 26, 2022 and a two-hundred and fifty dollar ($250) per day fine if this was not met. Discussion followed on the unique driveway. Ms. Sanchez noted hearing from the respondent recently and said that he informed her he would address the issues. Ms. Sanchez noted the issues were still present as of her last check. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE, WINTER SPRINGS CITY ORDINANCE 20-438 VEHICLES PARKED IN THE FRONT YARD; WINTER SPRINGS CITY ORDINANCE 13-2(B) JUNK & DEBRIS; IPMC 302.1 SANITATION BASED ON THE CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY26,2022 PAGE 8 OF 9 TESTIMONY AND EVIDENCE PRESENTED AND ORDER THAT RESPONDENT BE GIVEN UNTIL AUGUST 26, 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 BURNS. DISCUSSION. VOTE: THOMSON (AYE); GILDEA (AYE); BURNS (AYE); ROBINSON (AYE); CRISWELL (AYE) MOTION CARRIED 5-0. 506)Case# 2022CE000993 1 Laurel Oaks Drive We Park at Laurel Oaks LLC & We Chimneytop Palo LLC WS City Ord. 19-253(E) Irrigation Violation 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." The Board accepted the packet as published into evidence as well as emails between the property management and Ms. Sanchez without objection. Ms. Sanchez recommended a compliance date of August 26, 2022 and a two-hundred and fifty dollar ($250) per day fine if this was not met. Ms. Sanchez noted that she had been in contact with the property management and had been advised the issue(s) would be resolved on the forthcoming Saturday. Brief discussion followed on this issue with Ms. Sanchez noting that this had been previously reported but the property had come into compliance and not been in front of the Code Enforcement Board until now. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE, WINTER SPRINGS CITY ORDINANCE 19-253(E) IRRIGATION VIOLATION BASED ON THE EVIDENCE AND TESTIMONY PROVIDED INCLUDING THE PACK OF EMAILS AND ORDER THAT RESPONDENT CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 26,2022 PAGE 9OF9 BE GIVEN UNTIL AUGUST 26, 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 THOMSON. DISCUSSION. VOTE: THOMSON (AYE); GILDEA (AYE); BURNS (AYE); ROBINSON (AYE); CRISWELL (AYE) MOTION CARRIED 5-0. Chairperson Criswell noted that this would be his last meeting, thanked his fellow Board Members for their dedication and service, and thanked the City for the opportunity to serve. PUBLIC HEARINGS- NON-COMPLIANCE CASES 600)Not Used REGULAR AGENDA 700. Not Used ADJOURNMENT Chairperson Criswell adjourned the meeting at 7:14 PM RESPECTFULLY SUBMITTED: CHRISTIAN D. GOWAN M CITY CLERK w '� IQ ?N 1lAY ' NOTE: These Minutes were approved at the August 30,2022 Code Enforcement Board Regular Meeting.