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HomeMy WebLinkAbout2024 04 23 Consent 200 - Approal of the March 26, 2024 Code MinutesCONSENT AGENDA ITEM 200 CODE ENFORCEMENT BOARD AGENDA | APRIL 23, 2024 REGULAR MEETING TITLE Approval of the Tuesday, March 26, 2024 Code Enforcement Board Regular Meeting Minutes SUMMARY FUNDING SOURCE RECOMMENDATION Staff recommends the Board approve the March 26, 2024 Code Enforcement Board Regular Meeting Minutes as presented. 4 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 26, 2024 CALL TO ORDER Chair Stephen Gildea called to Order the Tuesday, March 26, 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: Deputy Chief Kevin Presley, Winter Springs Police Department (WSPD) Mr. Chris Elbon, Code Enforcement Officer, WSPD Mr. Carlos DeFoe, Code Enforcement Specialist, WSPD A moment of silence was held followed by the Pledge of Allegiance. Deputy Chief Presley noted that Item 502 had been removed from the agenda as it had been resolved through a different route. 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, February 27, 2024 Code Enforcement Board Regular Meeting “I MAKE A MOTION THAT WE APPROVE THE MINUTES.” MOTION BY BOARD MEMBER ROBINSON. 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. PUBLIC HEARINGS: CONTINUED CASES 300. Not Used 5 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – MARCH 26, 2024 PAGE 2 OF 4 PUBLIC HEARINGS: REPEAT CASES 400. Not Used PUBLIC HEARINGS: NEW CASES 500) Case# 2023CE002556 Address: 964 Papaya Lane Owner: Kevin R Burch Violations: IPMC Section 307.1 – Accumulation of Rubbish or Garbage 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 April 9, 2024 and a fine of up to $250 per day per violation if this was not met. “I 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 307.1 ACCUMULATION OF RUBBISH OR GARBAGE, AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL APRIL 09, 2024, 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 ROBINSON. DISCUSSION. VOTE: MARTIN (AYE); PARSONS (AYE); PANKE (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 7-0. 501) Case# 2023CE001800 Address: 902 Glen Abbey Circle Owner: Brenda Rivera & Guillermo B Marin Meleiros Violations: IPMC- 304.7 Roofs and Drainage Note: The Respondent was not present Officer DeFoe 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 DeFoe recommended a compliance date of September 26, 2024 and a fine of up to $250 per day per violation if this was not met. “I MOVE TO FIND THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER DEFOE SHOW THERE'S SUFFICIENT SUPPORT TO SUBSTANTIATE THE ISSUES PRESENT WITH THE PROPERTY AS IT RELATES TO A VIOLATION OF INTERNATIONAL PROPERTY MAINTENANCE CODE 304.7, ROOFS AND DRAINAGE FIND THAT THE RESPONDENT HAD A REASONABLE TIME TO CORRECT THE VIOLATION, AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL SEPTEMBER 26, 2024 TO ESTABLISH COMPLIANCE FOR ALL REQUIRED PERMITS. IN THE EVENT THAT THE VIOLATION IS NOT CORRECTED A FINE OF TWO 6 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – MARCH 26, 2024 PAGE 3 OF 4 HUNDRED AND FIFTY DOLLARS ($250) 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 MARTIN. DISCUSSION. VOTE: MARTIN (AYE); PARSONS (AYE); PANKE (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 7-0. Mr. Kevin Burch noted he was present for Case# 2023CE002556. Attorney Nix noted the Board’s options including the ability to reconsider the case to hear the respondent’s testimony. MOTION TO REOPEN ITEM 500 SO THAT WE CAN HEAR FROM THE RESIDENT LIMITED TO HIS TESTIMONY. MOTION BY VICE CHAIR GALLO. SECONDED BY BOARD MEMBER PANKE. VOTE: MARTIN (AYE); PARSONS (AYE); PANKE (AYE); ROBINSON (NAY); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 6-1. 500) Case# 2023CE002556 Address: 964 Papaya Lane Owner: Kevin R Burch Violations: IPMC Section 307.1 – Accumulation of Rubbish or Garbage Note: The Respondent was present Mr. Kevin Burch, 964 Papaya Lane, Winter Springs testified regarding financial and health issues, efforts to remedy the violation, and his desire to come into compliance. Brief discussion followed on an appropriate timeline. “I 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 307.1 ACCUMULATION OF RUBBISH OR GARBAGE, AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL APRIL 09, 2024, 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 PANKE. DISCUSSION. VOTE: MARTIN (AYE); PARSONS (AYE); PANKE (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); GILDEA (AYE) MOTION CARRIED 7-0. 7 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – MARCH 26, 2024 PAGE 4 OF 4 502) Case# 2024CE000015 Address: 268 Buttonwood Ave Owner: Robert Hibbs Violations: WS City Ord. 6-195 Maintenance of fences or walls WS City Ord. 5-4 Arbor Permit required *AS PREVIOUSLY NOTED, THIS AGENDA ITEM WAS REMOVED AND NOT DISCUSSED* PUBLIC HEARINGS: NON-COMPLIANCE CASES 600. Not Used 700. Board Training Attorney Nix presented a training on public records, open meetings, quasi-judicial proceedings, and the role of the Code Enforcement Board. ADJOURNMENT Chair Gildea adjourned the meeting at 7:33 PM RESPECTFULLY SUBMITTED: _______________________________ CHRISTIAN D. GOWAN, MPA CITY CLERK NOTE: These Minutes were approved at the _____________________Code Enforcement Board Regular Meeting. 8