HomeMy WebLinkAbout2024 07 23 Consent 200 Approval of the April 23, 2024 Code MinutesCONSENT AGENDA ITEM 200
CODE ENFORCEMENT BOARD AGENDA | JULY 23, 2024 REGULAR
MEETING
TITLE
Approval of the Tuesday, April 23, 2024 Code Enforcement Board Regular Meeting
Minutes
SUMMARY
FUNDING SOURCE
RECOMMENDATION
Staff recommends the Board approve the April 23, 2024 Code Enforcement Board
Regular Meeting Minutes as presented.
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CITY 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.
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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
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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.
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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.
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING – APRIL 23, 2024
PAGE 5 OF 5
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 Respondent(s) 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 2024, 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.
ADJOURNMENT
Chair Gildea adjourned the meeting at 7:14 PM
RESPECTFULLY SUBMITTED:
_______________________________
CHRISTIAN D. GOWAN, MPA
CITY CLERK
NOTE: These Minutes were approved at the _____________________Code Enforcement Board Regular Meeting.
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