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HomeMy WebLinkAbout2023 06 27 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 27, 2023 CALL TO ORDER Chairperson Maurice Kaprow called to Order the Tuesday, June 27, 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 Art Gallo, present Board Member Stephen Gildea, present Board Member Howard Parsons, present Board Member Dennis Robinson, present Board Member Harold Thomson, present Senior Attorney Jennifer Nix, present City Clerk Christian Gowan, present Also Present: Captain Kevin Presley, Winter Springs Police Department Lieutenant Brad Heath, Winter Springs Police Department Ms. Terri Sanchez, Code Enforcement Specialist, Winter Springs Police Department Captain Kevin Presley, Winter Springs Police Department noted there were no changes to the agenda. Mr. Gowan swore in those who would be providing testimony. AWARDS AND PRESENTATIONS 100. Not Used CONSENT AGENDA 200) Approval of the Tuesday, May 23, 2023 Code Enforcement Regular Meeting Minutes. “I MAKE A MOTION THAT WE APPROVE THE MINUTES.” MOTION BY BOARD MEMBER ROBINSON. SECONDED BY BOARD MEMBER THOMSON. DISCUSSION. VOTE: GALLO (AYE); GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); BURNS (AYE); KAPROW (AYE) MOTION CARRIED 7-0. 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 – JUNE 27, 2023 PAGE 2 OF 6 PUBLIC HEARINGS – NEW CASES 500) Case#: 2023CE000260 713 Thistle Place Libya R. Midgette Joseph Ocasio WS CITY ORD 6-186 Permit Required (No Fence Permit) 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 July 27, 2023 and a two-hundred and fifty dollars ($250) per day fine if this was not met. "I MOVE TO FIND THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER TERRI SANCHEZ SHOW THAT THERE WERE LESS THAN ADEQUATE REPAIRS MADE; THAT THE FENCE WAS INSTALLED WITHOUT PROPER PERMITTING; AND THAT THE RESPONDENTS VIOLATED WINTER SPRINGS CITY ORDINANCE 6-186 PERMIT REQUIRED (NO FENCE PERMIT). I MOVE TO ORDER THAT THE RESPONDENT BE GIVEN UNTIL JULY 27, 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 BOARD MEMBER PARSONS. DISCUSSION. VOTE: GALLO (AYE); GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); BURNS (AYE); KAPROW (AYE) MOTION CARRIED 7-0. 501) Case#: 2023CE000263 219 Holiday Lane Elaine Koshel John J. Koshel WS CITY ORD 6-195 MAINTENANCE OF FENCES 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 July 27, 2023 and a two-hundred and fifty dollars ($250) per day fine if this was not met. Discussion followed om who took the photographs. Captain Presley testified that he had taken photos three and four as labeled in the “Presentation.” Further discussion on the location of the supports holding the fence. Ms. Elaine Koshel (Respondent), 219 Holiday Lane, Winter Springs testified that she was unaware of the permitting process, was not sure what needed to be addressed to CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – JUNE 27, 2023 PAGE 3 OF 6 come into compliance, and thought more time than the proposed 30 days would be required. Ms. Debra James, 221 Holiday Lane, Winter Springs was called to testify and spoke about incidents with her neighbor and the desire to have the fence fixed. After brief discussion Captain Presley testified that he had met with John Koshel on June 20, 2023 and advised him of the issues that needed to be addressed. "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 MAINTENANCE OF FENCES, AND THAT ALL FENCES AND WALLS AND ACCESSORIES THERETO SHALL BE MAINTAINED IN GOOD ORDER AND IN A CONDITION EQUAL TO THAT WHICH WAS ORIGINALLY APPROVED BY THE BUILDING OFFICIAL AT THE TIME A PERMIT WAS ISSUED, AND THAT THE RESPONDENTS VIOLATED WINTER SPRINGS CITY ORDINANCE 6-195 OF THE CITY CODE AND THAT THE RESPONDENT BE GIVEN UNTIL JULY 27, 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 GALLO. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: GALLO (AYE); GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); BURNS (AYE); KAPROW (AYE) MOTION CARRIED 7-0. 502) Case#: 2023CE000275 401 Boxwood Circle Eunice V. Sears WS CITY ORD 20-434 COMMERCIAL VEHICLES 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 July 27, 2023 and a two-hundred and fifty dollars ($250) per day fine if this was not met. Ms. Jill Cruz and Mr. Antonio Perez Soto, 401 Boxwood Circle, Winter Springs testified that they were the tenants who lived at the property, noted efforts to remove the vehicles, and requested more time. Discussion followed on the definition of commercial vehicles and Attorney Nix reviewed Section 20-434 of the City Code. "I MOVE TO FIND THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER TERRI SANCHEZ CLEARLY SHOW SUFFICIENT SUPPORT TO SUBSTANTIATE ISSUES CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – JUNE 27, 2023 PAGE 4 OF 6 PRESENT WITH THE PROPERTY AS IT RELATES TO ONE (1) COMMERCIAL VEHICLE PER DWELLING UNIT MAY BE PARKED IN RESIDENTIALLY ZONED DISTRICTS OF THE CITY PROVIDED SAID VEHICLE IS NOT A STAKE BODY OR FLAT BED TRUCK; SAID VEHICLE IS NOT A SINGLE OR DUAL REAR WHEELED VEHICLE IN EXCESS OF TEN THOUSAND EIGHT HUNDRED (10,800) POUNDS GROSS VEHICLE WEIGHT, OR TWENTY-TWO (22) FEET IN LENGTH, OR IN EXCESS OF EIGHT (8) FT. IN HEIGHT AND THAT THE RESPONDENTS VIOLATED SECTION 20-434 OF THE CITY CODE AND THAT THE RESPONDENT BE GIVEN UNTIL AUGUST 27, 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 GALLO. SECONDED BY VICE-CHAIRPERSON BURNS. DISCUSSION. VOTE: GALLO (AYE); GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); BURNS (AYE); KAPROW (AYE) MOTION CARRIED 7-0. 503) Case#: 2023CE000598 1120 Winter Springs Boulevard Janice S. Harvey WS CITY ORD 13-2(c) Unsafe/Unsanitary Matter Leading to Infestation of Wild Animals; Accumulation of Stagnant Water Note: The Respondent was present. Captain Presley 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 additional photos presented by Captain Presley, without objection. Captain Presely recommended a compliance date of June 27, 2023 and a two-hundred and fifty dollars ($250) per day fine if this was not met. Lieutenant Heath testified regarding photos he had taken and about what he witnessed on the property and evidence he had seen of feeding vultures. Mr. Clarence Thornton, 1118 Winter Springs Boulevard, Winter Springs testified and asked that Code Enforcement continue to monitor the situation to ensure that it would not happen again. Ms. Cathy Blake, 1119 Cheetah Trail, Winter Springs testified about the impact of the violation to her and reiterated Mr. Thornton’s requests. Ms. Janice Harvey (Respondent), 1120 Winter Springs Boulevard, Winter Springs testified and admitted to the violation, thanked Code Enforcement, and noted she does not feed the birds any longer but asked for patience as the birds would likely linger for a while. Attorney Nix asked for clarification regarding the proposed compliance date. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – JUNE 27, 2023 PAGE 5 OF 6 Captain Presley noted that the property was currently in compliance but that he was seeking a finding of fact so that any future violation would be heard as a repeat case based on the fact that providing food to the vultures was a public nuisance. He further noted that Section 13-4 of the City Code was not addressed at this time because the property was in compliance. “I MOVE TO FIND THAT THE PHOTOGRAPHS AND TESTIMONY OF CAPTAIN KEVIN PRESLEY SHOW THAT THERE WAS SUFFICIENT SUPPORT TO SUBSTANTIATE ISSUE PRESENT WITH THE PROPERTY, THAT PROVIDING FOOD TO VULTURES IS A PUBLIC NUISANCE, AND THAT RESPONDENTS VIOLATED SECTION 13-2(C) OF THE CITY CODE AND FAILED TO CORRECT THE VIOLATION BY THE TIME SPECIFIED FOR CORRECTION BY THE CODE OFFICER; THAT THE VIOLATION IS CURRENTLY CORRECTED; AND THAT NO FINE BE IMPOSED. ANY SUBSEQUENT VIOLATION OF THE SAME CITY CODE PROVISION BY RESPONDENTS WITHIN FIVE YEARS FROM THE DATE OF THIS ORDER SHALL BE CONSIDERED A REPEA T VIOLATION, FOR WHICH A FINE OF UP TO $500.00 PER DAY MAY BE IMPOSED.” MOTION BY BOARD MEMBER GALLO. SECONDED BY VICE-CHAIRPERSON BURNS. DISCUSSION. VOTE: GALLO (AYE); GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); BURNS (AYE); KAPROW (AYE) MOTION CARRIED 7-0. PUBLIC HEARINGS – NON-COMPLIANCE CASES 600) Case# 2022CE001993 473 Lancers Drive ARP 2014-1 BORROWER LLC WS City Ord. 13-2(B) Junk and Debris WS City Ord. 6-186 Permit Required (No Fence Permit) Original Hearing Date: March 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 April 10, 2023. Ms. Sanchez noted that the violation related to 13-2(b) Junk and Debris had been remedied. “I MOVE TO FIND THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER TERRI SANCHEZ SHOW THAT THE REPAIRS MADE TO THE PROPERTY AND PROPER PERMITTING WERE NOT COMPLETED AND THAT RESPONDENTS ARE IN VIOLATION OF WINTER SPRINGS CITY ORDINANCE 6-186 (NO FENCE PERMIT) OF THE CITY CODE, AND THAT THE PENALTY SET FORTH IN THE BOARD’S PREVIOUS ORDER, DATED APRIL 10, 2023, SHALL BE IMPOSED CONSISTENT WITH THAT ORDER.” MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER PARSONS. DISCUSSION.