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Home My WebLink About2023 01 24 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JAN UARY 24, 2023 CALL TO ORDER Chairperson Maurice Kaprow called to Order the Tuesday, January 24, 2023 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 Vice-Chairperson 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. Gowan, City Clerk sworn in those that would be providing testimony. Captain Kevin Presley asked that Item 601 be pulled from the agenda as it had come into compliance, and asked that the order of the agenda be discussed as follows: Item 500, Item 600, Item 502, Item 501, and Item 503.There was no objection. REGULAR AGENDA- PART 1 700. Election for Chairperson of the Code Enforcement Board for Calendar Year 2023 Chairperson Kaprow opened nominations for Chairperson of the Code Enforcement Board for the calendar year 2023. Board Member Robinson nominated Board Member Maurice Kaprow to be the Chairperson. Board Member Michael Burns seconded the nomination. Board Member Kaprow accepted the nomination and no other nominations were made. VOTE: BURNS (AYE); GILDEA (AYE); KAPROW (AYE); PARSONS (AYE); ROBINSON (AYE);THOMSON (AYE) MOTION CARRIED 6-0. MAURICE KAPROW WAS ELECTED AS THE CHAIRPERSON 701.Election for Vice-Chairperson of the Code Enforcement Board for Calendar Year 2023 Chairperson Kaprow opened nominations for Vice- Chairperson of the Code Enforcement Board for the calendar year 2023. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JAN UARY 24,2023 PAGE 2OF6 Board Member Parsons nominated Board Member Michael Burns to be the Vice- Chairperson. Board Member Gildea seconded the nomination. Board Member Burns accepted the nomination and no other nominations were made. VOTE: BURNS (AYE); GILDEA (AYE); KAPROW (AYE); PARSONS (AYE); ROBINSON (AYE);THOMSON (AYE) 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, October 25, 2022 Code Enforcement Regular Meeting Minutes. No discussion. "I MOVE TO APPROVE THE MINUTES." MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER THOMSON. DISCUSSION. VOTE: GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); BURNS (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#2022CE001647 1271 Belle Avenue BK SPORTS ENTERPRISES, INC Florida Building Code105.1 Permit Required WS City Ord 6-4 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 March 10,2023 and a two-hundred and fifty dollar ($250) per day fine if this was not met. Ms. Lorna Bradley, Permitting Manager, Community Development Department testified about discussions with the owner and educating him about the permitting process. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JAN UARY 24,2023 PAGE 3OF6 Mr. Bobby Coleman, Building Official, Universal Engineering testified about the structure and safety concerns. Mr. Rich Boyd, 7277 Belle Avenue, Winter Springs offered testimony and stated that he hadn't received notice and would apply for a permit. Discussion followed on an appropriate timeframe to achieve compliance. "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE WINTER SPRINGS CITY ORDINANCE 6-4 BUILDING WITHOUT A PERMIT, BASED ON THE TESTIMONY PRESENTED,AND ORDER THAT RESPONDENT BE GIVEN UNTIL MARCH 10,2023 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 ($250.00) A DAY SHALL BE IMPOSED FOR EACH DAYTHE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER GILDEA.SECONDED BY BOARD MEMBER BURNS. DISCUSSION. VOTE: GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE);THOMSON (AYE) BURNS (AYE); KAPROW (AYE) MOTION CARRIED 6-0. ❖❖ AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. ❖❖ PUBLIC HEARINGS- NON-COMPLIANCE CASES 600) Case#2022CE000200 1271 Belle Avenue 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. 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 the Board find the respondent in non-compliance and the $250 per day fine be imposed consistent with the Board's previous September 12,2022 order. Ms. Lorna Bradley, Permitting Manager, Community Development Department testified about communication with the respondent's engineer and a request for more time from Mr. Dave Hamstra from Pegasus Engineering. Discussion followed on the requested extension, anticipated time for completion, and an appropriate timeframe to achieve compliance. Attorney Nix noted that the Board had the option to extend the previous compliance date. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JAN UARY 24,2023 PAGE 4OF6 "I MOVE TO AMEND THE COMPLIANCE DATE TO MARCH 24, 2023 BASED ON THE TESTIMONY ORIGINALLY HEARD [AUGUST 30, 2022] AND TONIGHT [JANUARY 24, 2023]." MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER PARSONS. DISCUSSION. VOTE: GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE) BURNS (AYE); KAPROW (AYE) MOTION CARRIED 6-0. PUBLIC HEARINGS- NEW CASES 502) Case#2022CE001662 161 Rosette Drive Jun Zhuang Bingju Zhuang IPMC 301.1 General Exterior Structure IPMC 304.10 Stairways, Decks, Porches, and Balconies IPMC 304.12 Handrails and Guards 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 present violations,and showed photos from the"Presentation."The Board accepted the packet as published into evidence without objection. Ms. Sanchez recommended a compliance date of February 24,2023 and a two-hundred and fifty dollar ($2SO) per day fine if this was not met. Mr. Coleman testified that he advised a demolition permit be pulled, the shoring, and stated that the structure was not at risk of collapse. "I MOVE TO FIND RESPONDENT IN VIOLATION OF INTERNATIONAL PROPERTY MAINTENANCE CODE 304.1 GENERAL EXTERIOR STRUCUTRE; INTERNATIONAL PROPERTY MAINTENANCE CODE 304.10 STAIRWAYS, DECKS, PORCHES AND BALCONIES; INTERNATIONAL PROPERTY MAINTENANCE CODE 304.12 HANDRAILS AND GAURDS BASED ON THE TESTIMONYAND EVIDENCE PRESENTED AND ORDER THAT RESPONDENT BE GIVEN UNTIL FEBRUARY 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 ($250.00) A DAY SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE) BURNS (AYE); KAPROW (AYE) MOTION CARRIED 6-0. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JAN UARY 24,2023 PAGE SOF6 501) Case#20210E003535 698 Brown Bear Court Jodie Norwood Jason Norwood 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 April 17,2023 and a two-hundred and fifty dollar ($250) per day fine if this was not met. Ms.Jodie Norwood, 698 Brown Bear Court, Winter Springs testified that litigation was in process and she was awaiting a court date. Discussion followed on an appropriate timeline for compliance. "I MOVE TO FIND RESPONDENT IN VIOLATION OF INTERNATIONAL PROPERTY MAINTENANCE CODE 304.7 ROOFS AND DRAINAGE BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AND ORDER THAT RESPONDENT BE GIVEN UNTIL SEPTEMBER 25, 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 ($250.00) A DAY SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER BURNS. DISCUSSION. VOTE: GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE) BURNS (AYE); KAPROW (AYE) MOTION CARRIED 6-0. 503) Case#2022CE001662 1037 Antelope Trail Gary K. Soreno Karen A. Soreno WS City Ord.13-2(C) Grass Height/Overgrown Yard 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 February 24,2023 and a two-hundred and fifty dollar ($250) per day fine if this was not met. Respondent, Ms. Karen Soreno, 7037 Antelope Trail, Winter Springs testified about what she said was a shared fence, privacy concerns, and submitted documents and photographs into evidence. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 24,2023 PAGE 6 OF 6 Complainant, Ms. Grace Corn, 1035Antelope Trail, Winter Springs testified and entered photographs into evidence to show damage to her fence that she associated with overgrown bamboo. Mr. Tim Corn, 727 South Endeavor Drive, Winter Springs testified about his relation to the complainant, water runoff, the impact of the bamboo and deterioration of the fence. "1 MOVE TO FIND RESPONDENT IN VIOLATION OF WINTER SPRINGS ORDINANCE 13.2(C) GRASS HEIGHT/OVERGROWN YARD BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AND ORDER THAT RESPONDENT BE GIVEN UNTIL FEBRUARY 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 ($250.00) A DAY SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER PARSONS. SECONDED BY BOARD MEMBER GILDEA. DISCUSSION. VOTE: GILDEA (AYE); PARSONS (AYE); ROBINSON (NAY); THOMSON (NAY) BURNS (AYE); KAPROW (AYE) MOTION CARRIED 4-2. PUBLIC HEARINGS-NON-COMPLIANCE CASES 601) Case#2022CE001717 325 Riunite Circle US Bank National Assn C/O Ocwen PH MTG Corp. W.S.City Ord.13-2(E) Stagnant Pool W.S. City Ord.13-2(C) Overgrown Yard IPMC 302.1 Sanitation This case was pulled from the agenda. REGULAR AGENDA- PART 11 702. Not Used ADJOURNMENT �;�'• �� Chairperson Kaprow adjourned the meeting at 7:19 PM e , ' •( �n •••.�v�- D• •• y RESPECTFULLY SUBMITTED: �u•� y ' IN1 CHRISTIAN D. GOWAN ��(!�� ••.. •g �\�'� CITY CLERK NOTE: These Minutes were approved at the Feb. 2g o23Code Enforcement Board Regular Meeting.