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Home My WebLink About2023 10 24 Consent Item 200 - Approval of the August 22, 2023 Meeting MinutesCONSENT AGENDA ITEM 200 CODE ENFORCEMENT BOARD AGENDA | OCTOBER 24, 2023 REGULAR MEETING TITLE Approval of the August 22, 2023 Code Enforcement Board Regular Meeting Minutes SUMMARY FUNDING SOURCE RECOMMENDATION Staff recommends the Board approve the August 22, 2023 Code Enforcement Board Regular Meeting Minutes as presented. 4 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 22, 2023 CALL TO ORDER Chairperson Michael Burns called to Order the Tuesday, August 22, 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 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 (WSPD) Lieutenant Brad Heath, WSPD Ms. Terri Sanchez, Code Enforcement Specialist, WSPD Mr. Chris Elbon. Code Enforcement Specialist, WSPD Captain Presley noted there were no changes to the agenda. Mr. Gowan swore in those who would be providing testimony. REGULAR AGENDA - PART I 700) Election for Vice-Chairperson of the Code Enforcement Board for the remainder of Calendar Year 2023 Chairperson Burns opened nominations for Vice-Chairperson. BOARD MEMBER GILDEA NOMINATED BOARD MEMBER ART GALLO TO SERVE AS VICE-CHAIRPERSON FOR THE REMAINDER OF CALENDAR YEAR 2023. Board Member Gallo accepted the nomination. No other nominations were made and Chairperson Burns closed nominations. VOTE: GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); BURNS (AYE); GALLO (AYE) MOTION CARRIED 6-0 Art Gallo was elected as Vice-Chairperson for the remainder of Calendar Year 2023. AWARDS AND PRESENTATIONS 100. Not Used 5 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 22, 2023 PAGE 2 OF 5 CONSENT AGENDA 200) Approval of the Minutes from the Tuesday, July 25, 2023 Code Enforcement Board Regular Meeting “I MAKE A MOTION THAT WE APPROVE THE MINUTES AS PRESENTED.” MOTION BY BOARD MMEBER ROBINSON. SECONDED BY BOARD MEMBER THOMSON. VOTE: GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); BURNS (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# 2023CE000173 857 Leopard Trail Rodrigo l Moreira Esperanza Moreira WS City Ord. 6-186 Permit Required for Fence F.B.C 105.1 Building Permit Required 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 September 20, 2023 and a two-hundred and fifty dollars ($250) per day fine if this was not met. Discussion followed on certain definitions related to the violation, the respondent’s communications with Code Enforcement, and safety concerns related to a pool. Mr. Rodrigo Moreira, 857 Leopard Trail, Winter Springs testified that he understood the issue and was working to come into compliance. Further discussion followed on sufficient time to complete the permitting process and complete the necessary work. "BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED BY CODE OFFICER TERRI SANCHEZ AND THE PHOTOGRAPHS TAKEN FEBRUARY 23, APRIL 12, AND MAY 3 WHICH CLEARLY DOCUMENT THE VIOLATION, I MOVE TO FIND THE RESPONDENTS IN VIOLATION OF WINTER SPRINGS CITY ORDINANCE 6-186 PERMIT REQUIRED (NO FENCE PERMIT) AND FLORIDA BUILDING CODE 105.1 BUILDING PERMIT REQUIRED AND ORDER THE RESPONDENT BE GIVEN UNTIL OCTOBER 20, 2023 TO ESTABLISH COMPLIANCE. IN THE EVENT THE VIOLATION(S) FAIL TO COMPLY BY THIS DATE A FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) 6 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 22, 2023 PAGE 3 OF 5 A DAY SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER THOMSON. DISCUSSION. VOTE: GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); BURNS (AYE) MOTION CARRIED 6-0. PUBLIC HEARINGS: NON-COMPLIANCE CASES 600) Case #2023CE000260 713 Thistle Place Libya R Midgette Joseph Ocasio WS City Ord. 6-186 Permit Required (No Fence Permit) Original Hearing Date: June 27, 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 and additional photographs 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 12, 2023. “I MOVE TO FIND THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER TERRI SANCHEZ CLEARLY SHOW THERE WAS SUFFICIENT SUPPORT TO SUBSTANTIATE ISSUES PRESENT WITH THE PROPERTY AS IT RELATES TO FAILURE TO COME INTO COMPLIANCE BY OBTAINING A REQUIRED PERMIT FOR THE CONSTRUCTION OF A FENCE AS REQUIRED BY CITY ORDINANCE 6-186 AND THAT THE PENALTY SET FORTH IN THE BOARD’S PREVIOUS ORDER, DATED JULY 12, 2023, SHALL BE IMPOSED BEGINNING JULY 27, 2023 CONSISTENT WITH THAT ORDER.” MOTION BY VICE-CHAIRPERSON GALLO. SECONDED BY BOARD MEMBER GILDEA. DISCUSSION. VOTE: GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); BURNS (AYE) MOTION CARRIED 6-0. 601) Case# 2022CE002182 5 Sycamore Court #206 We Park At Laurel Oaks LLC We Chimney Top Palo LLC IPMC 304.10 STAIRWAY, DECKS, PORCHES AND BALCONIES IPMC 304.7 ROOFS AND DRAINAGE IPMC 302.3 SIDEWALKS AND DRIVEWAYS IPMC 304.2 PROTECTIVE TREATMENT IPMC 305.3 INTERIOR SURFACES 7 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 22, 2023 PAGE 4 OF 5 Original Hearing Date: May 23, 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 May 31, 2023. Ms. Keon Higgins, 5 Sycamore Court, Apartment 206, Winter Springs testified that the condition was the same as depicted in the December 2022 photos, noted hurricane damage, and repeated efforts by herself and Code Enforcement to have the property owner address issues. Brief discussion on the appropriate fine amount and if this would classify as a repeat violation. “BASED ON THE TESTIMONY OF THE TENANT AND EVIDENCE PRESENTED BY CODE ENFORCEMENT OFFICER TERRI SANCHEZ WHICH CONFIRMS ORIGINAL ISSUES DOCUMENTED IN THE REGULAR CODE ENFORCEMENT MEETING HELD MAY 23, 2023 I MOVE TO FIND THE RESPONDENTS IN VIOLATION OF CITY CODE, IPMC 304.10 STAIRWAY, DECKS, PORCHES AND BALCONIES; IPMC 304.7 ROOFS AND DRAINAGE; IPMC 302.3 SIDEWALKS AND DRIVEWAYS; IPMC 304.2 PROTECTIVE TREATMENT; IPMC 305.3 INTERIOR SURFACES AND THAT THE PENALTY SET FORTH IN THE BOARD’S PREVIOUS ORDER, DATED MAY 31, 2023, SHALL BE IMPOSED CONSISTENT WITH THAT ORDER FOR A FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250) BEGINNING AS OF JUNE 24, 2023 UNTIL THE PROPERTY COMES INTO COMPLIANCE.” MOTION BY BOARD MEMBER GILDEA. SECONDED BY VICE-CHAIRPERSON GALLO. DISCUSSION. VOTE: GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); BURNS (AYE) MOTION CARRIED 6-0. REGULAR AGENDA - PART II 701. Not Used ADJOURNMENT Chairperson Burns adjourned the meeting at 6:13 PM RESPECTFULLY SUBMITTED: _______________________________ CHRISTIAN D. GOWAN, MPA CITY CLERK 8 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 22, 2023 PAGE 5 OF 5 NOTE: These Minutes were approved at the ________________, 2023 Code Enforcement Board Regular Meeting. 9