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HomeMy WebLinkAbout2023 02 28 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 28, 2023 CALL TO ORDER Chairperson Maurice Kaprow called to Order the Tuesday, February 28, 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,absent,excused Board Member Harold Thomson, present Board Member Art Gallo, present Senior City Attorney Jennifer Nix, present City Clerk Christian Gowan, present Mr.Gowan, City Clerk sworn in those that would be providing testimony. Attorney Nix asked that Item 100 be moved to the end of the agenda. There was no objection and the agenda was adopted. CONSENT AGENDA 200)Approval of the Tuesday, January 24, 2023 Code Enforcement Regular Meeting Minutes. Brief discussion about Item 500 in the minutes and the cited violations. Attorney Nix noted that this case was set to be reheard later in the meeting. "I MOVE TO APPROVE THE MINUTES." MOTION BY BOARD MEMBER GILDEA. SECONDED BY VICE CHAIRPERSON BURNS. DISCUSSION. VOTE:GALLO (AYE);GILDEA(AYE); PARSONS(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 CITY OF WINTER SPRINGS, FLOP IDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 28,2023 PAGE 2OFS 500) Case#2022CE001647 1271 Belle Avenue Winter Springs Florida 32708 BK Sports Enterprises Inc. WS City Ord 6-2 Florida Building Code105.1 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 April 29, 2023 and a two-hundred and fifty dollar ($250) per day fine if this was not met. Attorney Nix noted that this was a rehearing due to a typographical error in the previous presentation in January that was incorporated into the motion. Discussion followed on concerns related to structural stability, fire safety, the permitting process,and an appropriate timeframe to achieve compliance. "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE, BASED ON THE PHOTO EVIDENCE AND TESTIMONY PRESENTED AND ORDER THAT RESPONDENT BE GIVEN UNTIL APRIL 20,2023 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) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER. MOTION BY BOARD MEMBER PARSONS.SECONDED BY BOARD MEMBER GILDEA. DISCUSSION. VOTE: GALLO (AYE); GILDEA (AYE); PARSONS (AYE);THOMSON (AYE); BURNS (AYE); KAPROW (AYE) MOTION CARRIED 6-0. 501) Case#2022CE002184 602 Casa Park Court Unit M Suzanne Demins IPMC 304.6 Exterior Walls I PMC 304.2 Protective Treatment 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." The Board accepted the packet as published into evidence without objection. Ms. Sanchez recommended a compliance date of March 28,2023 and a two-hundred and fifty dollar ($250) per day fine if this was not met. CITY OF WINTER SPRINGS, FLOP IDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 28,2023 PAGE 3OFS Discussion followed on ownership, communications, the permitting process and an appropriate timeline for compliance. Ms. Kelly Pacy,Casa Park HOA President,was called as a Citywitness. Ms. Paceytestified regarding HOA responsibilities and owner responsibilities related to maintenance. "I MOVE TO FIND RESPONDENT IN VIOLATION OF INTERNATIONAL PROPERTY MAINTENANCE CODE 304.6 EXTERIOR WALLS AND IPMC 304.2 PROTECTIVE TREATMENT, BASED ON THE TESTIMONY PRESENTED AND ORDER THAT RESPONDENT BE GIVEN UNTIL MARCH 28, 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) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER GILDEA. SECONDED BY VICE-CHAIRPERSON BURNS. DISCUSSION. VOTE:GALLO (AYE);GILDEA(AYE); PARSONS(AYE);THOMSON (AYE); BURNS(AYE); KAPROW (AYE) MOTION CARRIED 6-0. PUBLIC HEARINGS- NEW CASES 502) Case#2022CE001796 706 Sailfish Road Robert Ford Kathleen Ford WS City Ord13-2(c) Overgrown Yard WS City 20-438 Vehicle Parked on Front Yard WS City Ord 12-53 Inoperable Vehicle IPMC 302.1 Sanitation IPMC 605.1 Installation Note: The Respondent was not present. Ms. Sanchez 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,with the addition of the certified mail return receipt into evidence without objection. Ms. Sanchez recommended a compliance date of March 28, 2023 and a two-hundred and fifty dollar ($250) per day fine if this was not met. Ms. Sanchez noted that she had not had any contact with the tenant but had communicated with the property owner. "I MOVE TO FIND RESPONDENT IN VIOLATION OF WINTER SPRINGS CITY CODE, WINTER SPRINGS CITY ORDINANCE 13-2(C),WINTER SPRINGS CITY ORDINANCE 20- 438, WINTER SPRINGS CITY ORDINANCE 12-53, IPMC 302.1 AND IPMC 605.1, BASED ON THE TESTIMONY PRESENTED AND ORDER THAT RESPONDENT BE GIVEN UNTIL MARCH 28, 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 CITY OF WINTER SPRINGS, FLOP IDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 28,2023 PAGE 4OF5 FIFTY DOLLARS ($250) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY VICE-CHAIRPERSON BURNS.SECONDED BY BOARD MEMBER GILDEA. DISCUSSION. VOTE:GALLO (AYE);GILDEA(AYE); PARSONS(AYE);THOMSON (AYE); BURNS(AYE); KAPROW (AYE) MOTION CARRIED 6-0. 503) Case#2022CE001445 Mark A Oxley Nancy Oxley 208 Mockingbird Lane WS City Ord 20-411 Boat and Trailer and Camper WS City Ord 20-438 Vehicle Parked on Front 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 March 28, 2023 and a two-hundred and fifty dollar ($250) per day fine if this was not met. Mr. Mark Oxley, Respondent, 208 Mockingbird Lane, Winter Springs testified that the boats were placed in the yard due to a potential sale and that he was now in compliance. Mr.Oxley submitted photographs, dated February 17,2023, into the record. "I MOVE TO FIND THE RESPONDENT IN COMPLIANCE WITH THE CITY CODE AND THAT NO FINE SHALL BE IMPOSED BASED ON THE TESTIMONY AND PHOTOGRAPHS PRESENTED." MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER PARSONS. DISCUSSION. VOTE:GALLO (AYE);GILDEA(AYE); PARSONS(AYE);THOMSON (AYE); BURNS(AYE); KAPROW (AYE) MOTION CARRIED 6-0. PUBLIC HEARINGS- NON-COMPLIANCE CASES 600. Not Used REGULAR AGENDA 700. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 28,2023 PAGE 5OF5 AWARDS AND PRESENTATIONS 100. Code Enforcement Board Training/Presentation Chairperson Kaprow requested this be moved to the next meeting. There was no objection. Attorney Nix handed out information related to Board Policies and motions. ADJOURNMENT Chairperson Kaprow adjourned the meeting at 6:52PM RESPECTFULLY SUBMITTED: CH ISTIAN D.COWAN CITY CLERK • ,tea Ff �. SN" SFI,/1 fJt��F. NOTE: These Minutes were approved at the April 25,2023 Code Enforcement Board Regular Meeting.