The URL can be used to link to this page

Home My WebLink About2024 04 23 Code Enforcement Board Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 23, 2024 CALL TO ORDER Chair Stephen Gildea called to Order the Tuesday, April 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: 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 A moment of silence was held followed by the Pledge of Allegiance. 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 Minutes from the Tuesday, March 26, 2024 Code Enforcement Board Regular Meeting "MOTION TO APPROVE.” [THE MARCH 26, 2024 CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES AS PRESENTED] MOTION BY BOARD MEMBER MARTIN. SECONDED BY VICE CHAIR GALLO. DISCUSSION. VOTE: MARTIN (AYE); PANKE (AYE); PARSONS (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 500 Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – APRIL 23, 2024 PAGE 2 OF 5 PUBLIC HEARINGS: NON-COMPLIANCE CASES 600.) Case # 2023CE001864 Address: 31 N Cortez Ave Owner: Ronald G Lesage and/or Corey A Folan Violations: 2006 IPMC Section 302.4 – Weeds 2006 IPMC Section 304.7 – Accessory Structures 2006 IPMC Section 307.1 – Accumulation of Rubbish or Garbage 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 testified the Respondent(s) had not complied with the Order issued by the Code Enforcement Board on January 23, 2024 and that the property remained in violation of Section 307.1 – Accumulation of Rubbish or Garbage, and impose a fine of $50.00 per day beginning on March 8, 2024, and continuing until the violation is corrected. Officer Elbon further recommended that the Board find that the property was in violation of Section 302.7 – Accessory Structures and impose a fine of $50.00 per day for the period of 5 days, and find that the violation of Section 302.4 – Weeds, had been corrected. Mr. Ronald Lesage, 31 North Cortez Ave, Winter Springs testified about efforts to come into compliance. Discussion followed on remaining violations, appropriate fines, and the need for continued communication with Code Enforcement. I MOVE TO FIND THE PHOTOGRAPHS AND TESTIMONY OF CODE ENFORCEMENT OFFICER CHRIS ELBON CLEARLY SHOW THERE'S SUFFICIENT SUPPORT TO SUBSTANTIATE THE ISSUES PRESENT WITH THE PROPERTY AND THAT THE RESPONDENT REMAINS IN VIOLATION OF INTERNATIONAL PROPERTY CODE IPMC 307.1 ACCUMULATION OF RUBBISH AND GARBAGE AND WAS IN VIOLATION OF THE IPMC 302.7. ACCESSORY STRUCTURES FOR ONE DAY BEYOND THE BOARD'S PREVIOUS ORDERED COMPLIANCE DATE OF JANUARY 23, 2024, AND ORDER THAT THE RESPONDENT BE GIVEN A FINE OF $50 FOR THAT ONE DAY OF VIOLATION AND A FINE OF $10 PER DAY FOR IPMC, CODE 307.1 ACCUMULATION OF RUBBISH AND GARBAGE BEGINNING ON MARCH 8, 2024 PER THE BOARD'S PREVIOUS ORDER, DATED JANUARY 23, 2024. UNTIL THIS VIOLATION IS REPORTED TO BE CORRECTED AND VERIFIED BY THE CITY CODE. I FURTHER MOVE TO FIND IPMC 302.4 WEEDS VIOLATION WAS CORRECTED. MOTION BY VICE-CHAIR GALLO. SECONDED BY BOARD MEMBER MARTIN. DISCUSSION. VOTE: MARTIN (AYE); PANKE (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 7-0. 601.) Case # 2023CE002544 Address: 31 N Cortez Ave Owner: Ronald G Lesage and/or Corey A Folan Violation: 2006 IPMC Section 302.8 – Motor Vehicles CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – APRIL 23, 2024 PAGE 3 OF 5 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 testified the Respondent(s) had not complied with the Order issued by the Code Enforcement Board on January 23, 2024, and recommended the Board impose a fine of $250.00 per day for the period of 28 days the property remained in violation until being corrected. Mr. Ronald Lesage, 31 North Cortez Ave, Winter Springs testified about efforts to come into compliance and noted the issue had been resolved. Discussion followed on an appropriate fine. I FIND THAT THE PHOTOGRAPHS AND TESTIMONY OF CODE ENFORCEMENT OFFICER ELBON BE ADMITTED TO EVIDENCE AS WELL AS THE TESTIMONY FROM THE RESPONDENT AND SHOW THAT THERE'S ACTUAL FINDINGS, THAT THE VEHICLE HAD A DEFLATED TIRE AND WAS NO LONGER OPERABLE UNTIL CORRECTED AND THAT THE RESPONDENT IS NOW CURRENTLY IN COMPLIANCE. BUT HOWEVER, THE RESPONDENT ACHIEVED COMPLIANCE WITH THE CITY CODE AFTER OUR BOARD'S PREVIOUSLY ORDERED COMPLIANCE DATE OF MARCH 7, 2024. I DO MOVE THAT THE FINES SHOULD BE REDUCED TO A MORE COMPARABLE AMOUNT SINCE HE WAS TRYING TO CORRECT THE ISSUE AND GOING OFF OUR LAST MOTION, I'LL SAY $10 A DAY FOR THE 28 DAYS OF NON-COMPLIANCE. MOTION BY BOARD MEMBER MARTIN. SECONDED BY BOARD MEMBER PANKE. DISCUSSION. VOTE: MARTIN (AYE); PANKE (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 7-0. 602.) Case # 2023CE002074 Address: 230 N 3rd Street Owner: Ivonne Rodriguez Violations: 2006 IPMC Section 302.7 – Accessory Structures 2006 IPMC Section 303.1 – Swimming Pools 2006 IPMC Section 303.2 – Enclosures 2006 IPMC Section 307.1 – Accumulation of Rubbish or Garbage 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 testified the Respondent had not complied with the Order issued by the Code Enforcement Board on January 23, 2024 and recommended the Board impose a fine of $250.00 per violation, per day for the violations of Section 302.7 – Accessory Structures and Section 303.2 – Enclosures, beginning on February 23, 2024, and continuing until the violations are corrected and impose a fine of $50.00 per day for the violation of Section 307.1 – Accumulation of Rubbish or Garbage, beginning on February 23, 2024, and continuing until the violation is corrected. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – APRIL 23, 2024 PAGE 4 OF 5 I MOVE TO FIND THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER CHRIS ELBON CLEARLY SHOW THAT THERE IS SUFFICIENT SUPPORT TO SUBSTANTIATE THE ISSUES PRESENT WITH THE PROPERTY AND THAT THE RESPONDENT REMAINS IN VIOLATION OF INTERNATIONAL PROPERTY MAINTENANCE CODE, IPMC 302.7 ACCESSORY STRUCTURES IPMC 303.2 ENCLOSURES, IPMC 307.1 ACCUMULATION OF RUBBISH AND OR GARBAGE, AND IPMC 303.1 SWIMMING POOLS AND THAT THE PENALTY SET FORTH IN THE BOARD'S PREVIOUS ORDER DATED 23 JANUARY 2024 SHALL BE IMPOSED CONSISTENT WITH THAT ORDER. MOTION BY VICE-CHAIR GALLO. SECONDED BY BOARD MEMBER PARSONS. DISCUSSION. VOTE: MARTIN (AYE); PANKE (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 7-0. 603.) Case # 2023CE001652 Address: 315 Panama Circle Owner: Kimberly A France Violations: 2006 IPMC Section 302.4 – Weeds 2006 IPMC Section 302.7 – Accessory Structures 2006 IPMC Section 302.8 – Motor Vehicles 2006 IPMC Section 307.1 – Accumulation of Rubbish or Garbage 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 testified that the Respondent had not complied with the Order issued by the Code Enforcement Board on January 23, 2024 and recommended the Board to impose a fine of $100.00 per violation, per day for the violations of Section 302.4 – Weeds, Section 302.8 – Motor Vehicles, and Section 307.1 – Accumulation of Rubbish or Garbage, beginning on February 8, 2024, and continuing until the violations are corrected; and impose a fine of $250.00 per day for the violation of Section 302.7 – Accessory Structures, beginning on February 8, 2024, and continuing until the violation is corrected. Discussion followed I MOVE TO FIND THAT THE PHOTOGRAPHS AND TESTIMONY PROVIDED BY CODE ENFORCEMENT OFFICER CHRIS ELBONE SHOW THAT THERE WAS SIGNIFICANT FACTUAL FINDINGS OF VIOLATIONS OF IMPC 302.4 WEEDS, IPMC 302.7 ACCESSORY STRUCTURE, IPMC SECTION 302.8 MOTOR VEHICLES, AS WELL AS SECTION 307.1 ACCUMULATION OF RUBBISH AND GARBAGE ALL FROM THE 2006 EDITION AND THAT THE RESPONDENT IS IN VIOLATION OF THOSE SECTIONS AND CITY CODE, AND THAT THE PENALTY SET FORTH IN THE BOARD'S PREVIOUS ORDER DATED ON JANUARY 23 OF 2024 SHALL BE IMPOSED CONSISTENT WITH THAT ORDER. MOTION BY BOARD MEMBER MARTIN. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL23,2024 PAGE 5OF5 VOTE: MARTIN (AYE); PANKE (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE);GILDEA(AYE) MOTION CARRIED 7-0. 604.) Case#2023CE002072 Address: 660 E State Road 434 Owner: Linda Richter Successor Trustee Violations:2006 IPMC Section 302.4-Weeds 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 the Respondents) had not complied with the Order issued by the Code Enforcement Board on February 27, 2024, and recommended the Board impose a fine of $250.00 per day for the period of 28 days the property remained in violation until being corrected. Discussion followed on the owner, notice procedure, and an appropriate fine. I MOVE TO FIND THAT THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER CHRIS ELBON CLEARLY SHOW THERE IS SUFFICIENT SUPPORT TO SUBSTANTIATE THE ISSUES PRESENT WITH THE PROPERTY, AND THAT THE RESPONDENT IS CURRENTLY IN COMPLIANCE OF INTERNATIONAL PROPERTY MAINTENANCE CODE IPMC 302.4 WEEDS. HOWEVER, RESPONDENT ACHIEVED COMPLIANCE WITH THE CITY CODE AFTER THE BOARD'S PREVIOUSLY ORDERED COMPLIANCE DATE OF 13, MARCH 2O24, AND I MOVE THAT A FINE OF $50 A DAY FOR THE 28 DAYS OF NON COMPLIANCE SHALL BE IMPOSED. MOTION BY VICE-CHAIR GALLO. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: MARTIN (AYE); PANKE (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE);GILDEA(AYE) MOTION CARRIED 7-0. a� ADJOURNMENT Chair Gildea adjourned the meeting at 7:14 PM z ; T �'�, RESPECTFULLY SUBMITTED: G CHRISTIAN D.GOWAN, MPA 0 CITY CLERK NOTE: These Minutes were approved at the July23,2024 Code Enforcement Board Regular Meeting.