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Home My WebLink About2023 03 28 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 28, 2023 CALL TO ORDER Chairperson Maurice Kaprow called to Order the Tuesday, March 28, 2023 Regular Meeting of the Code Enforcement Board at 5:30 p.m., in the West Conference of City Hall (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, present Board Member Dennis Robinson, present Board Member Harold Thomson, absent, excused Board Member Art Gallo, present Senior City Attorney Jennifer Nix, present Assistant City Clerk Tristin Motter, present Attorney Nix asked that Item 100 be moved to the end of the agenda. There was no objection and the agenda was adopted. Mrs. Motter, Assistant City Clerk swore in those that would be providing testimony. CONSENT AGENDA 200) Approval of the Tuesday, February 28, 2023 Code Enforcement Regular Meeting Minutes. The clerk noted there was a clerical error, that Board Member Art Gallo was missing from the roll call on the February 28th meeting minutes, and asked that they be approved with that addition. “I MOVE TO APPROVE THE MINUTES FROM THE FEBRUARY 28, 2023 MEETING. APPROVING THOSE INCLUDING ARTHUR GALLO WAS PRESENT.” MOTION BY BOARD MEMBER GILDEA. SECONDED BY VICE-CHAIRPERSON BURNS. DISCUSSION. VOTE: KAPROW (AYE); BURNS (AYE); GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE); GALLO (AYE) MOTION CARRIED 6-0. 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 - MARCH 28, 2023 PAGE 2 OF 4 500) Case#: 2022CE001992 1067 Chokecherry Drive MATTHEW P KIRSCH CHRISTOPHER CALISE WS CITY ORD. 6-195 MAINTENANCE OF FENCES WS CITY ORD. 13-2(c) OVERGROWN YARD IPMC 302.1 SANITATION IPMC 304.2 PROTECTIVE TREATMENT 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 present violation. Three of the four violations had come into compliance by the time of the hearing; only Winter Springs City Ordinance 6-195 Maintenance of Fences remained in non-compliance. Photos were shown from the “Presentation.” The Board accepted the packet as published into evidence without objection. Ms. Sanchez recommended a compliance date of April 28, 2023 and a two-hundred and fifty dollar ($250) per day fine if this was not met. Mr. Matthew Kirsch and Mr. Christopher Calise (“Respondents ”), 1067 Chokecherry Drive, Winter Spring were present to give testimony. The Respondents submitted evidence into the record consisting of a Boundary Survey of 1067 Chokecherry Drive, Winter Spring and a Residential Mortgage Survey Affidavit; “Item 500. Respondent Submitted Evidence”. The evidence was submitted as proof the fence in question was directly on the property lines and then gradually moves to the neighbor’s property doing a ninety degree turn and proceeding north up the back portion of the neighbor’s yard at 1069 Chokecherry Drive. Mr. Kenneth Singh, 1069 Chokecherry Drive, Winter Springs gave testimony as a rebuttal witness relaying past fence maintenance he had seen and discussions with the former Property Manager, Mr. Mark Fojo, regarding the fence. Further discussion ensued on fence ownership and City staff obtaining more information for the Board to be able to make an informed decision. “I MOVE TO CONTINUE THIS CASE TO THE APRIL 25TH CODE ENFORCEMENT BOARD MEETING SO MORE INFORMATION CAN BE PRESENTED TO THE BOARD.” MOTION BY BOARD MEMBER ROBINSON. SECONDED BY VICE-CHAIRPERSON BURNS. DISCUSSION. VOTE: KAPROW (AYE); BURNS (AYE); GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE); GALLO (AYE) MOTION CARRIED 6-0. 501) Case#: 2022CE001993 473 Lancers Drive ARP 2014-1 BORROWER LLC WS CITY ORD. 13-2 (B) JUNK AND DEBRIS WS CITY ORD. 6-186 NO FENCE PERMIT Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 28, 2023 PAGE 3 OF 4 Ms. Terri Sanchez, Code Enforcement Specialist, Winter Springs Police Department 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 a compliance date of April 28, 2023 and a two-hundred and fifty dollar ($250) per day fine if this was not met. “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 FENCE AND INFRACTIONS REVIEWED AND THE RESPONDENT IS IN VIOLATION OF WINTER SPRINGS CITY ORDINANCE 6-186 NO FENCE PERMIT AND WINTER SPRINGS ORDINANCE 13 -2(B) JUNK AND DEBRIS. I MOVE TO ORDER THAT THE RESPONDENT BE GIVEN UNTIL APRIL 28, 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 VICE-CHAIRPERSON BURNS. DISCUSSION. VOTE: KAPROW (AYE); BURNS (AYE); GILDEA (AYE); PARSONS (AYE); ROBINSON (AYE); GALLO (AYE) MOTION CARRIED 6-0. PUBLIC HEARINGS – NON-COMPLIANCE CASES 600) Case#: 2022CE001662 161 Rosette Drive JUN ZHUANG BINGJU ZHANG IPMC 304.1 GENERAL EXTERIOR STRUCTURE IPMC 304.10 STAIRWAYS DECKS PORCHES AND BALCONIES IPMC 304.12 HANDRAILS AND GUARDS Original Hearing Date: January 24, 2023 Note: The Respondent was present. Ms. Terri Sanchez, Code Enforcement Specialist, Winter Springs Police Department reintroduced 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 relayed the respondent was communicating with Code enforcement and work has begun on the property but has not yet been completed. Ms. Sanchez recommended the pervious order be imposed but beginning the day of the non-compliance hearing (March 28th, 2023). Mr. Jun “Roger” Zhuang and Mrs. Bingju Zhang (“Respondents”), 1344 Heavenly Cove, Winter Park were present to give testimony. The Respondents submitted evidence into the record consisting of a “Repair Progress Update” dated March 28, 2023 by the contractor doing the balcony repairs and photos of the progression of the repairs; “Item 600. Respondent Submitted Evidence.” Mr. Zhuang gave testimony to the misunderstandings, contractor problems, and stop work problems that were experienced which delayed the project. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 28,2023 PAGE 4 OF 4 Ms. Lorna Bradley, Permitting Manager, Community Development Department testified about discussions with the owner and educating him about the permitting process.Attorney Jen Nix provided counsel to the Code Enforcement Board in relation to amendments that could be made to the penalties and dates of the Board Order at a non-compliance hearing. The Board discussed potential changes to help the respondent but also to make sure the project gets complete. Mr. Jim Abraham, tenant of 767 Rosette Drive, Winter Springs was present to give further testimony on what progress was taking place on the property and relayed the reasoning for the few times they asked the contractors to stop working. Discussion on potential changes continued. "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. REGULAR AGENDA 700. Not Used ***The Board had a five (5) minute recess at 6:55PM and resumed the meeting at 7:OOPM*** AWARDS AND PRESENTATIONS 100. Code Enforcement Board Training/Presentation Attorney Nix gave a Sunshine overview presentation referencing "Item 700. Attorney Sunshine Training Presentation" regarding the rules and procedures of the Code Enforcement Board. ADJOURNMENT 0.��ti5•„ d, Chairperson Kaprow adjourned the meeting at 8:15 PM ' o> �b� E D RESPECT -V-- BMITTED: 6% r� 3 '• wJ ~ cC', TRISTIN MOTTER .►� 'N� �s. ASSISTANT CITY CLERK f NOTE: These Minutes were approved at the April 25,2023 Code Enforcement Board Regular Meeting.