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.