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HomeMy WebLinkAbout2024 02 27 Code Enforcement Board Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 27, 2024 CALL TO ORDER Chair Stephen Gildea called to Order the Tuesday, February 27, 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: Chair Stephen Gildea, present Vice Chair Art Gallo, present Board Member Miguel Martin, present Board Member Debi Panke, 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 Mr. Chris Elbon, Code Enforcement Officer, WSPD A moment of silence was held followed by the Pledge of Allegiance. Mr. Gowan swore in those who would be providing testimony. AWARDS AND PRESENTATIONS 100. Not Used CONSENT AGENDA 200)Approval of the Minutes from the Tuesday, January 23, 2024 Code Enforcement Board Regular Meeting "I MAKE A MOTION THAT WE APPROVE THE MINUTES." MOTION BY BOARD MEMBER MARTIN. SECONDED BY VICE CHAIR GALLO. DISCUSSION, VOTE: MARTIN (AYE); PARSONS (AYE); PANKE (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 7=0. PUBLIC HEARINGS: CONTINUED CASES 300. Not Used PUBLIC HEARINGS: REPEAT CASES 400. Not Used PUBLIC HEARINGS: NEW CASES CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 27, 2024 PAGE 2OF4 500) Case 4+ 2023CE002072 660 E State Road 434 Linda Richter Successor Trustee IPMC Section 302.4 - Weeds 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 March 14, 2024 and a fine of up to $250 per day per violation if this was not met. "1 MOVE TO FIND 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 INTERNATIONAL PROPERTY MAINTENANCE CODE 302.4 WEEDS, AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL 13 MARCH 2O24, TO ESTABLISH COMPLIANCE. IN THE EVENT THAT THE VIOLATION IS NOT CORRECTED A FINE IN THE AMOUNT OF $250 A DAY SHALL BE IMPOSED PER DAY UNTIL COMPLIANCE IS REPORTED TO AND VERIFIED BY CODE ENFORCEMENT." MOTION BY VICE CHAIR GALLO. SECONDED BY BOARD MEMBER THOMSON. DISCUSSION. VOTE: MARTIN (AYE); PARSONS (AYE); PANKE (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 7=0. 501) Case # 2023CE002273 640 Macduff Lane #A Emmanuella A Bell Richman FBC Section 105.1 - Permits, Required 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 August 28, 2024 (revised from March 28, 2024) and a fine of up to $250 per day per violation if this was not met. Ms. Emmanuella A. Bell Richman, 604 Macduff Lane was present and testified regarding her recent purchase of the property and no notification of these violations. Discussion followed on an appropriate timeline to seek compliance. Attorney Nix clarified that all permits needed to be obtained to achieve compliance and also asked the Board to consider making a determination about the respondent's time to come into compliance relative to Florida Statutes 162.06(5)(d). CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 27, 2024 PAGE 3OF4 "I MOVE TO FIND THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER CHRIS ELBON SHOW THERE'S SUFFICIENT SUPPORT TO SUBSTANTIATE THE ISSUES PRESENT WITH THE PROPERTY AS IT RELATES TO A VIOLATION OF FLORIDA BUILDING CODE. 105.1, PERMITS REQUIRED, FIND THAT THE RESPONDENT HAD A REASONABLE TIME TO CORRECT THE VIOLATION, AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL 28 AUGUST 2024 TO ESTABLISH COMPLIANCE FOR ALL REQUIRED PERMITS, IN THE EVENT THAT THE VIOLATION IS NOT CORRECTED A FINE OF ONE HUNDRED AND FIFTY DOLLARS ($150) A DAY SHALL BE IMPOSED PER DAY UNTIL COMPLIANCE IS REPORTED AND VERIFIED BY THE CODE ENFORCEMENT OFFICER. MOTION BY VICE CHAIR GALLO. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: MARTIN (AYE); PARSONS (AYE); PANKE (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 7-0, 502) Case # 2023CE002537 151 N Devon Avenue Michael Rice FBC Section 105.1 - Permits, Required FBC Section R309.2 - Carports WSCO Section 6=84(a) - Accessory Buildings; General WSCO Section 20-439(f7 - Parking Areas on Residential Lots, Design Requirements; When Site Construction Permit Required 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 March 14, 2024 and a fine of up to $250 per day per violation if this was not met. Mr. Michael Rice, 151 N. Devon Avenue testified that he was unaware of permit requirements and noted his efforts to come into compliance. Discussion followed on lot lines and setback requirements related to accessory structures, the permit process, and anticipated permit issuance time. "I MOVE TO FIND THAT THE PHOTOGRAPHS AND TESTIMONY FROM OFFICER ELBON BE ADMITTED AND SHOW THAT THERE WAS EVIDENCE OF VIOLATION. ACCORDING TO CITY CODE SECTION 105.1 PERMITS, THE FLORIDA BUILDING CODE SECTION R309.2, CARPORTS; WINTER SPRINGS CITY ORDINANCE SECTION 6=84(A), ACCESSORY BUILDINGS; AND WATER SPRING CITY ORDINANCE SECTION 20- Z%F), PARKING AREAS ON RESIDENTIAL LOTS, DESIGN REQUIREMENTS WHEN SITE CONSTRUCTION PERMIT IS REQUIRED AND ACCEPT THE STAFFS RECOMMENDATION WITH THE AMENDMENT OF 90 DAYS WITH A COMPLIANCE DATE OF MAY 289 2024, TO COME INTO COMPLIANCE WITH A PENALTY OF $150 A DAY THEREAFTER, IF NOT IN COMPLIANCE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 27, 2024 PAGE 4OF4 MOTION BY BOARD MEMBER MARTIN. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: MARTIN (AYE); PARSONS (AYE); PANKE (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 7-0, PUBLIC HEARINGS: NON-COMPLIANCE CASES 600) Not Used REGULAR AGENDA 700. Not Used ADJOURNMENT Chair Gildea adjourned the meeting at 6:38PM RESPECTFULLY SUBMITTED: CHRISTIAN D. GOWAN, MPA CITY CLERK NOTE: These Minutes were approved at the March 26.2024 Code Enforcement Board Regular Meeting.