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Home My WebLink About2024 02 27 Consent Agenda item 200 - Approval of the January 23, 2024 Meeting MinutesCONSENT AGENDA ITEM 200 CODE ENFORCEMENT BOARD AGENDA | FEBRUARY 27, 2024 REGULAR MEETING TITLE Approval of the Tuesday, January 23, 2024 Code Enforcement Board Regular Meeting Minutes SUMMARY FUNDING SOURCE RECOMMENDATION Staff recommends the Board approve the January 23, 2024 Code Enforcement Board Regular Meeting Minutes as presented. 4 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 23, 2024 CALL TO ORDER Board Member Art Gallo called to Order the Tuesday, January 23, 2024 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: Board Member Art Gallo, present Board Member Stephen Gildea, present Board Member Miguel Martin, 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 (WSPD) Lieutenant Brad Heath, WSPD Ms. Terri Sanchez, Code Enforcement Specialist, WSPD Mr. Chris Elbon, Code Enforcement Officer, WSPD Mr. Carlos DeFoe, Code Enforcement Specialist, WSPD A moment of silence was held followed by the Pledge of Allegiance. Captain Presley noted Items 500 and 501 were being continued to the next meeting and Item 510 was being pulled from the agenda as it had come into compliance. Mr. Gowan swore in those who would be providing testimony. REGULAR AGENDA – PART I 700) Election for Chairperson of the Code Enforcement Board for Calendar Year 2024 BOARD MEMBER ROBINSON NOMINATED BOARD MEMBER STEPHEN GILDEA TO SERVE AS CHAIRPERSON. THERE WERE NO OTHER NOMINATIONS MADE. VOTE: MARTIN (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 6-0. STEPHEN GILDEA WAS SELECTED AS CHAIRPERSON FOR CALENDAR YEAR 2024. 701) Election for Vice-Chairperson of the Code Enforcement Board for Calendar Year 2024 CHAIRPERSON GILDEA NOMINATED BOARD MEMBER ART GALLO TO SERVE AS VICE-CHAIRPERSON. NO OTHER NOMINATIONS WERE MADE. 5 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – JANUARY 23, 2024 PAGE 2 OF 9 VOTE: MARTIN (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 6-0. ART GALLO WAS SELECTED AS VICE-CHAIR FOR CALENDAR YEAR 2024. Discussion followed on new sample motions provided and considerations when imposing fines per violation. AWARDS AND PRESENTATIONS 100. Not Used CONSENT AGENDA 200) Approval of the Minutes from the Tuesday, October 24, 2023 Code Enforcement Board Regular Meeting “I MAKE A MOTION THAT WE APPROVE THE MINUTES FROM THE TUESDAY, OCTOBER 24, 2023 CODE ENFORCEMENT BOARD REGULAR MEETING.” MOTION BY BOARD MEMBER MARTIN. SECONDED BY CHAIR GILDEA. VOTE: MARTIN (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (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 # 2023CE000699 224 Shore Rd. Sandra C Koelble WS City Ord. 13-2(c) Overgrown Yard WS City Ord. 6-195 Maintenance of Fences IPMC 304.7 Roofs and Drainage IPMC 302.1 Sanitation IPMC 304.6 Exterior Walls *AS PREVIOUSLY NOTED, THIS ITEM WAS CONTINUED BY STAFF TO THE FEBRUARY 27, 2024 MEETING* 501) Case #: 2023CE001787 100 Arrowhead Ct. Simone Wheeler & Travis Wheeler IPMC 304.7 Roofs and Drainage *AS PREVIOUSLY NOTED, THIS ITEM WAS CONTINUED BY STAFF TO THE FEBRUARY 27, 2024 MEETING* 6 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – JANUARY 23, 2024 PAGE 3 OF 9 502) Case # 2023CE001652 315 Panama Circle Kimberly A France IPMC Section 302.4 - Weeds IPMC Section 302.7 - Accessory Structures IPMC Section 302.8 - Motor Vehicles IPMC Section 307.1 - Accumulation of Rubbish or Garbage Note: The Respondent was not present Officer Elbon 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. Officer Elbon recommended a compliance date of February 7, 2024 and a fine of $250 per day per violation if this was not met. Brief discussion followed on appropriate fine amounts and statutory considerations. “I MOVE TO FIND THE PHOTOGRAPHS AND TESTIMONY FROM CODE OFFICER CHRIS ELBON. SHOW THAT THERE WAS IPMC 302.4. WEEDS IPMC 302.7 ACCESSORY STRUCTURES IPMC. SECTION 302.8 MOTOR VEHICLES IPMC. SECTION 307.1. ACCUMULATION OF RUBBISH, GARBAGE AND ACCEPT THE STAFFS RECOMMENDATION. I MOVE TO ORDER THAT THE RESPONDENT BE GIVEN UNTIL FEBRUARY 7, 2024 TO CORRECT THE VIOLATIONS. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100) RELATED TO VIOLATIONS OF IPMC SECTIONS 302.4, 302.8, AND 307.1 AND TWO HUNDRED AND FIFTY DOLLARS ($250) RELATED TO VIOLATION OF IPMC SECTION 302.7 SHALL BE IMPOSED PER DAY PER VIOLATION UNTIL COMPLIANCE IS REPORTED AND VERIFIED BY CITY CODE ENFORCEMENT.” MOTION BY CHAIR GILDEA. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: MARTIN (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 6-0. 503) Case # 2023CE001764 640 Alton Road Shirley K Chavista and/or Luz M Chavista IPMC Section 302.8 – Motor Vehicles IPMC Section 304.2 – Protective Treatment IPMC Section 304.4 – Structural Members Note: The Respondent was not present Officer Elbon 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. Officer Elbon noted IPMC Sectio n302.8 Motor Vehicles had come into compliance as of the hearing and recommended 7 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – JANUARY 23, 2024 PAGE 4 OF 9 a compliance date of April 22, 2024 and a fine of $250 per day per violation if this was not me for remaining violations. “I MOVE TO FIND THE PHOTOGRAPHS AND TESTIMONY FROM THE OFFICER THAT WERE PRESENTED TO US TODAY SHOW THAT THERE WAS FACTUAL EVIDENCE OF VIOLATION IPMC SECTION 304.2 PROTECTIVE TREATMENT AND IPMC SECTION 304.4 STRUCTURAL MEMBERS AND TO ACCEPT THE STAFF’S RECOMMENDATION OF IMPOSING A FINE I WOULD SAY THAT AT $200 PER DAY PER VIOLATION WITH THE COMPLIANCE DATE OF APRIL 22 2024.” MOTION BY BOARD MEMBER MARTIN. SECONDED BY CHAIR GILDEA. DISCUSSION. VOTE: MARTIN (AYE); PARSONS (NAY); ROBINSON (AYE); THOMSON (NAY); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 4-2. 504) Case # 2023CE001788 1159 E Winged Foot Circle Marianne Rodrigues and/or Thiago M Rodrigues IPMC Section 304.7 – Roofs and Drainage Note: The Respondent was not present Officer Elbon 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. Officer Elbon recommended a compliance date of July 21, 2024 and a fine of $250 per day per violation if this was not met. Brief discussion followed on appropriate compliance timeline, fines, and weighing statutory considerations based on the facts of each case. “I MOVE TO FIND THAT THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER CHRIS ELBON CLEARLY SHOW THERE IS SUFFICIENT SUPPORT TO SUBSTANTIATE ISSUES PRESENT WITH THE PROPERTY AS IT RELATES TO IPMC 304.7 ROOFS AND DRAINAGE AND ACCEPT THE STAFF’S RECOMMENDATION. I MOVE TO ORDER THAT RESPONDENT BE GIVEN UNTIL JULY 21, 2024TO 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) PER DAY SHALL BE IMPOSED UNTIL COMPLIANCE IS REPORTED TO AND VERIFIED BY CITY CODE ENFORCEMENT.” MOTION BY CHAIR GILDEA. SECONDED BY BOARD MEMBER THOMSON. DISCUSSION. VOTE: MARTIN (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 6-0. 8 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – JANUARY 23, 2024 PAGE 5 OF 9 505) Case # 2023CE001792 1134 W Winged Foot Circle Anthony J Saladino and/or Amparo Betancourt-Saladino IPMC Section 304.7 – Roofs and Drainage Note: The Respondent was present Officer Elbon 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. Officer Elbon recommended a compliance date of July 21, 2024and a fine of $250 per day per violation if this was not met. Mr. Anthony Saladino, 1134 W Winged Foot Circle, Winter Springs testified about ongoing litigation related to efforts to repair the roof and communication with Code Enforcement. Brief discussion followed on permit status and keeping in communication with Officer Elbon. “I MOVE TO FIND THAT THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER CHRIS ELBON CLEARLY SHOW THERE IS SUFFICIENT SUPPORT TO SUBSTANTIATE ISSUES PRESENT WITH THE PROPERTY AS IT RELATES TO IPMC 304.7 ROOFS AND DRAINAGE AND ACCEPT THE STAFF’S RECOMMENDATION. I MOVE TO ORDER THAT RESPONDENT BE GIVEN UNTIL AUGUST 21, 2024TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF TWO HUNDRED DOLLARS ($200) PER DAY SHALL BE IMPOSED UNTIL COMPLIANCE IS REPORTED TO AND VERIFIED BY CITY CODE ENFORCEMENT.” MOTION BY BOARD MEMBER PARSONS. SECONDED BY CHAIR GILDEA. DISCUSSION. VOTE: MARTIN (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 6-0. 506) Case # 2023CE001864 31 N Cortez Avenue Ronald G Lesage and/or Corey A Folan IPMC Section 302.4 – Weeds IPMC Section 304.7 – Accessory Structures IPMC Section 307.1 – Accumulation of Rubbish or Garbage Note: The Respondent was present Officer Elbon 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. Officer Elbon recommended a compliance date of February 7, 2024 and a fine of $250 per day per violation if this was not met. 9 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – JANUARY 23, 2024 PAGE 6 OF 9 Mr. Ronald Lesage, 31 N. Cortez Avenue, Winter Springs testified about his efforts to come into compliance and showed photographs of work that he had done to the property. Brief discussion followed on appropriate timeline to establish compliance. “I MOVE TO FIND THE PHOTOGRAPHS AND TESTIMONY FROM CODE OFFICER CHRIS ELBON SHOW THAT THERE WERE WAS [SUFFICIENT SUPPORT TO SUBSTANTIATE ISSUES PRESENT WITH THE PROPERTY AS IT RELATES TO] IPMC 302.4 WEEDS; IPMC 302.7 ACCESSORY STRUCTURES; IPMC 307.1 ACCUMULATION OF RUBBISH/GARBAGE AND ACCEPT THE STAFFS RECOMMENDATION. I MOVE THAT THE RESPONDENT BE GIVEN UNTIL MARCH 7, 2024 TO CORRECT THE VIOLATIONS. IN THE EVENT THAT THE RESPONDENT FAILS TO COMPLY BY THAT DATE A FINE IN THE AMOUNT OF $50 EACH [PER DAY PER VIOLATION] SHALL BE IMPOSED PER VIOLATION UNTIL COMPLIANCE IS REPORTED AND VERIFIED BY CITY CODE ENFORCEMENT.” MOTION BY CHAIR GILDEA. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: MARTIN (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 6-0. *AGENDA NOTE: THE FOLLOWING ITEM WAS HEARD NEXT AT THE DIRECTION OF THE BOARD* 511) Case # 2023CE002544 31 N Cortez Avenue Ronald G Lesage and/or Corey A Folan IPMC Section 302.8 – Motor Vehicles IPMC Section 307.2.2 - Refrigerators Note: The Respondent was present Officer Elbon 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. Officer Elbon noted the respondent had come into compliance related to IPMC Section 307.2.2 Refrigerators and recommended a compliance date of February 7, 2024 and a fine of $250 per day per violation if this was not met for the remaining violation. Mr. Ronald Lesage, 31 N. Cortez Avenue, Winter Springs testified that he had remedied the violation related to the inoperable vehicles. Brief discussion followed on an appropriate timeline to allow Code Enforcement to verify compliance. I MOVE TO FIND THAT THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER CHRIS ELBON CLEARLY SHOW THERE'S SUFFICIENT SUPPORT TO SUBSTANTIATE THE ISSUES PRESENT WITH THE PROPERTY AS IT RELATES TO A VIOLATION OF 10 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – JANUARY 23, 2024 PAGE 7 OF 9 IPMC 302.8 MOTOR VEHICLES, AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MARCH 7, 2024 TO ESTABLISH COMPLIANCE. IN THE EVENT THE VIOLATION IS NOT CORRECTED, A FINE OF $250 SHALL BE IMPOSED PER DAY UNTIL COMPLIANCE IS REPORTED TO AND VERIFIED BY THE CITY CODE ENFORCEMENT.” MOTION BY VICE-CHAIR GALLO. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: MARTIN (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 6-0. 507) Case # 2023CE001869 737 Sherwood Drive Tony K Wilson Personal Representative for the Estate of Martha E Hanky IPMC Section 304.2 – Protective Treatment IPMC Section 304.6 – Exterior Walls Note: The Respondent was not present Officer Elbon 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. Officer Elbon recommended a compliance date of April 22, 2024 and a fine of $250 per day per violation if this was not met. “I MOVE TO FIND THAT THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER TERRI SANCHEZ CLEARLY SHOW THERE IS SUFFICIENT SUPPORT TO SUBSTANTIATE ISSUES PRESENT WITH THE PROPERTY AS IT RELATES TO IPMC 304.2 PROTECTIVE TREATMENT AND IPMC 304.6 EXTERIOR WALLS AND ORDER THAT RESPONDENT BE GIVEN UNTIL APRIL 22, 2024 TO CORRECT THE VIOLATIONS. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250) PER DAY PER VIOLATION UNTIL COMPLIANCE IS REPORTED TO AND VERIFIED BY CITY CODE ENFORCEMENT.” MOTION BY BOARD MEMBER THOMSON. SECONDED BY BOARD MEMBER PARSONS. DISCUSSION. VOTE: MARTIN (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 6-0 508) Case # 2023CE002074 230 N 3rd Street Ivonne Rodriguez IPMC Section 302.7 – Accessory Structures IPMC Section 303.1 – Swimming Pools IPMC Section 303.2 – Enclosures 11 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – JANUARY 23, 2024 PAGE 8 OF 9 IPMC Section 307.1 – Accumulation of Rubbish or Garbage IPMC Section 302.8 - Motor Vehicles Note: The Respondent was present Officer Elbon 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. Officer Elbon noted that the violation of IPMC Section 302.8 Motor Vehicles had come into compliance and recommended a compliance date of February 22, 2024 and a fine of $250 per day per violation if this was not met for the remainder of existing violations. Ms. Ivonne Rodriguez, 230 N. 3rd Street, Winter Springs testified about efforts to come into compliance and communications with the Code Officer. Discussion followed on the status of the pool, an appropriate timeline to establish compliance, and possible permit requirements. I MOVE TO FIND THAT THE PHOTOGRAPHS AND TESTIMONY FROM THE CODE ENFORCEMENT OFFICER PRESENTED TO US TONIGHT SHOWED THAT THERE WAS FACTUAL FINDINGS IN VIOLATION OF IPMC SECTION 302.7 ACCESSORY STRUCTURES, 303.1 SWIMMING POOLS, 303.2 ENCLOSURES AND ACCEPT THE STAFFS RECOMMENDATION AT THE COMPLIANCE DATE OF FEBRUARY 22, 2024 WITH A FINE IMPOSED AT $250 PER DAY PER VIOLATION. I ALSO INCLUDE SECTION 307.1 ACCUMULATION OF RUBBISH OR GARBAGE WITH A FINE OF FIFTY DOLLARS ($50) PER DAY UNTIL COMPLIANCE IS REPORTED TO AND VERIFIED BY CITY CODE ENFORCEMENT.” MOTION BY BOARD MEMBER MARTIN. SECONDED BY BOARD MEMBER PARSONS. DISCUSSION. VOTE: MARTIN (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 6-0. 509) Case # 2023CE002203 1380 White Oak Drive Mark A Lynn and/or Kathleen J Kelly FBC Section 105.1 – Permits, Required IPMC Section 304.2 - Protective Treatment IPMC Section 304.6 - Exterior Walls Note: The Respondent was present Officer Elbon 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. Officer Elbon recommended a compliance date of February 22, 2024 and a fine of $250 per day per violation if this was not met. 12 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – JANUARY 23, 2024 PAGE 9 OF 9 Mr. Mark Lynn, 1380 White Oak Drive, Winter Springs testified about efforts to address the violations and difficulties with the permitting process and timeline. Brief discussion followed on the permitting process. “I MOVE TO FIND THAT THE PHOTOGRAPHS AND TESTIMONY FROM THE CODE ENFORCEMENT OFFICER SHOW THERE ARE VIOLATIONS OF FLORIDA BUILDING CODE SECTION 105.1 PERMITS AND PERMITS BEING REQUIRED AND I MOVED TO ORDER RESPONDENT BE GIVEN UNTIL MARCH 23, 2024. IF THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED DOALLRS ($200PER DAY SHALL BE IMPOSED UNTIL COMPLIANCE IS RECORDED AND VERIFIED BY CITY CODE ENFORCEMENT.” MOTION BY BOARD MEMBER PARSONS. SECONDED BY CHAIR GILDEA. DISCUSSION. VOTE: MARTIN (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 6-0. 510) Case # 2023CE002268 401 N US Highway 17-92 Reeco Properties, LLLP FBC Section 105.1 – Permits, Required WS City Ordinance Section 16-57(7) - Prohibited Signs *AS PREVIOUSLY NOTED, THIS ITEM WAS PULLED FROM THE AGENDA* PUBLIC HEARINGS: NON-COMPLIANCE CASES 600) Not Used REGULAR AGENDA – PART II 702. Not Used ADJOURNMENT Chairperson Burns adjourned the meeting at 6:01 PM RESPECTFULLY SUBMITTED: _______________________________ CHRISTIAN D. GOWAN, MPA CITY CLERK NOTE: These Minutes were approved at the ________________, 2024 Code Enforcement Board Regular Meeting. 13