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HomeMy WebLinkAbout2023 04 25 Code Enforcement Board Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 25, 2023 CALL TO ORDER Chairperson Maurice Kaprow called to Order the Tuesday, April 25, 2023 Regular Meeting of the Code Enforcement Board at 5:30 p.m., in the Commission Chambers (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, absent, excused Board Member Dennis Robinson, present Board Member Harold Thomson, absent, excused Board Member Art Gallo, present Senior City Attorney Jennifer Nix, present City Clerk Christian Gowan, present Captain Kevin Presley, Winter Springs Police Department noted there were no changes to the agenda and provided an update on Case# 2022CE001993 which was continued at the last meeting. Captain Presley noted that the property had come into compliance. Mr. Gowan swore in all those in attendance who would be providing testimony. AWARDS AND PRESENTATIONS 100. Not Used CONSENT AGENDA 200) Approval of the Tuesday, March 28, 2023 Code Enforcement Regular Meeting Minutes. “I MOVE TO APPROVE THE MINUTES FROM THE MARCH 28, 2023 MEETING.” MOTION BY BOARD MEMBER ROBINSON. SECONDED BY VICE-CHAIRPERSON BURNS. DISCUSSION. VOTE: GALLO (AYE); GILDEA (AYE); ROBINSON (AYE); BURNS (AYE); KAPROW (AYE) MOTION CARRIED 5-0. PUBLIC HEARINGS – CONTINUED CASES 300. Not Used PUBLIC HEARINGS – REPEAT CASES 400. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – APRIL 25, 2023 PAGE 2 OF 5 PUBLIC HEARINGS – NEW CASES 500) Case#: 2022CE001193 295 Arnold Lane Dorinda E. Blaney WS CITY ORD 6-195 MAINTENANCE OF FENCES WS CITY ORD 20-438 VEHICLE PARKED ON FRONT YARD WS CITY ORD 20-434 COMMERCIAL VEHICLES IPMC 302.1 SANITATION 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 May 25, 2023 and a two-hundred and fifty dollar ($250) per day fine if this was not met. Ms. Dorinda Blaney, 295 Arnold Lane, Winter Springs testified that she was in the process of correcting the violations and plans to keep in contact with the Code Officer. Discussion followed on an appropriate timeline to get work done. “I MOVE TO FIND THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER TERRI SANCHEZ CLEARLY SHOW SUFFICIENT SUPPORT TO SUBSTANTIATE ISSUES PRESENT WITH THE PROPERTY AS IT RELATES TO THE VEHICLES, FENCE, PROPERTY CONDITIONS, AND INFRACTIONS REVIEWED AND THAT RESPONDENT IS IN VIOLATION OF WINTER SPRINGS CITY ORDINANCE 6-195 MAINTENANCE OF FENCES, WINTER SPRINGS CITY ORDINANCE 20-438 VEHICLE PARKED IN FRONT YARD, WINTER SPRINGS CITY ORDINANCE 20-434 COMMERCIAL VEHICLES, AND INTERNATIONAL PROPERTY MAINTENANCE CODE (IPMC) 302.1 SANITATION. I MOVE TO ORDER THAT THE RESPONDENT BE GIVEN UNTIL MAY 30, 2023 TO CORRECT THE VIOLATIONS. IN THE EVENT THE RESPONDENTS FAILS TO COMPLY WITH 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 ROBINSON. DISCUSSION. VOTE: GALLO (AYE); GILDEA (AYE); ROBINSON (AYE); BURNS (AYE); KAPROW (AYE) MOTION CARRIED 5-0. PUBLIC HEARINGS – NON-COMPLIANCE CASES 600) Case#: 2022CE002184 602 Casa Park Court M Suzanne Demins IPMC 304.6 EXTERIOR WALLS IPMC 304.2 PROTECTIVE TREATMENT Original Hearing date: February 28, 2023 Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – APRIL 25, 2023 PAGE 3 OF 5 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 into evidence without objection. Ms. Sanchez recommended the Board find the respondent in non-compliance and the $250 per day fine be imposed consistent with the Board’s order dated March 16, 2023. “I MOVE TO FIND THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER TERRI SANCHEZ SHOW THAT THERE WAS LESS THAN ADEQUATE REPAIRS MADE TO THE IMPAIRED STRUCTURE OF THE BUILDING AND THE RESPONDENTS ARE IN VIOLATION OF INTERNATIONAL PROPERTY MAINTENANCE CODE 304.1 GENERAL EXTERIOUS STRUCTURE, INTERNATIONAL PROPERTY MAINTENANCE CODE 304.10 STAIRWAYS, DECKS, PORCHES AND BALCONIES, INTERNATIONAL PROPERTY MAINTENANCE CODE 304.2 HANDRAILS AND GUARD OF THE CITY CODE. THE PENALTY SET FORTH IN THE BOARDS PERVIOUS ORDER DATED JANUARY 24, 2023 SHALL BE IMPOSED WITH A REDUCTION FROM TWO-HUNDRED AND FIFTY DOLLARS ($250.00) TO ONE HUNDRED DOLLARS ($100.00) A DAY.” MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER PARSONS. DISCUSSION. VOTE: KAPROW (AYE); BURNS (AYE); GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE); GALLO (AYE) MOTION CARRIED 6-0. 601) Case#: 2022CE001647 1271 Belle Ave BK Sports Enterprises INC. WS CITY ORD. 6-2 Compliance with Chapter Florida Building Code 105.1 Original Hearing Date: February 28, 2023 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 into evidence without objection. Ms. Sanchez recommended the Board find the respondent in non-compliance and the $250 per day fine be imposed consistent with the Board’s order dated March 16, 2023. “I MOVE TO FIND THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER TERRI SANCHEZ SHOW THAT THERE WAS LESS THEN ADEQUATE REPAIRS MADE TO THE IMPAIRED STRUCTURE OF THE BUILDING AND THAT RESPONDENTS ARE IN VIOLATION OF WINTER SPRINGS CITY ORDINANCE 6-2, COMPLIANCE WITH CHAPTER AND FLORIDA BUILDING CODE 105.1 OF THE CITY CODE, AND THAT THE PENALTY SET FORTH IN THE BOARD’S PREVIOUS ORDER, DATED MARCH 16, 2023, SHALL BE IMPOSED CONSISTENT WITH THAT ORDER.” MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: GALLO (AYE); GILDEA (AYE); ROBINSON (AYE); BURNS (AYE); KAPROW (AYE) MOTION CARRIED 5-0. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – APRIL 25, 2023 PAGE 4 OF 5 602) Case#: 2022CE000200 1271 Belle Ave BK Enterprises INC WS City Ord. 8-33 Permit Required WS City Ord. 9-241 Stormwater Management Original Hearing Date: August 30, 2022 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 into evidence without objection. Ms. Sanchez recommended the Board find the respondent in non-compliance and the $250 per day fine be imposed consistent with the Board’s order dated January 31, 2023. “I MOVE TO FIND THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER TERRI SANCHEZ SHOW THAT THERE WAS LESS THEN ADEQUATE REPAIRS MADE TO THE RETENTION BASIN AND THAT RESPONDENTS ARE IN VIOLATION OF WINTER SPRINGS CITY ORDINANCE 8-33, PERMIT REQUIRED AND WINTER SPRINGS CITY ORDINANCE 9-241, STORMWATER MANAGEMENT OF THE CITY CODE, AND THAT THE PENALTY SET FORTH IN THE BOARD’S PREVIOUS ORDER, DATED JANUARY 31, 2023, SHALL BE IMPOSED CONSISTENT WITH THAT ORDER.” MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: GALLO (AYE); GILDEA (AYE); ROBINSON (AYE); BURNS (AYE); KAPROW (AYE) MOTION CARRIED 5-0 603) Case#: 2022CE000280 640 Alton Road Shirley K Chavista Luz M Chavista WS City Ord. 13-2(b) Yard Trash/Outside Storage IPMC 304.7 Roofs and Drainage IPMC 304.1 General Exterior IPMC 302.1 Sanitation Original Hearing Date: July 26, 2022 Note: The Respondent was 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 into evidence without objection. Ms. Sanchez recommended the Board find the respondent in non-compliance and the $250 per day fine be imposed consistent with the Board’s order dated July 28, 2022. . Ms. Shirley Chavista, 640 Alton Road, Winter Springs testified and discussed efforts to work with her insurance company to fix the cited issues. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL25,2023 PAGE 5OF5 Discussion followed on contact with Code Enforcement Officer, the lien reduction process, and the possibility of extending the compliance date. Captain Presley testified that the Respondent referenced similar difficulties at the original hearing, noted no action taken to address violations, and noted that she had not been in contact with Ms. Sanchez. Attorney Nix explained that the Board had established a compliance date in their previous order, the ability to reduce the daily fine, and allowable considerations. Attorney Nix further reviewed the lien reduction process "i MOVE TO FIND THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER TERRI SANCHEZ SHOW THAT THERE WAS LESS THAN ADEQUATE REPAIRS MADE TO THE IMPAIRED STRUCTURE OF THE BUILDING AND THAT RESPONDENT IS IN VIOLATION OF WINTER SPRINGS CITY ORDINANCE 13-2(B), YARD TRASH/OUTSIDE STORAGE, IPMC 304.7, ROOFS AND DRAINAGE, IPMC 304.1, GENERAL EXTERIOR, AND IPMC 302.1,SANITATION,AND THATTHE PENALTY SET FORTH IN THE BOARD'S PREVIOUS ORDER, DATED JULY 28, 2022, SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER GILDEA.SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: GALLO (AYE); GILDEA (AYE); ROBINSON (AYE); BURNS (AYE); KAPROW (AYE) MOTION CARRIED 5-0. REGULARAGENDA 700. Not Used ADJOURNMENT F Chairperson Kaprow adjourned the meeting at 6:36 PM RESPEC,TFJJLLYSUBMITTED: C> CHRISTIAN D.GOWAN, MPA CITY CLERK NOTE: These Minutes were approved at the May 23,2023 Code Enforcement Board Regular Meeting.