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HomeMy WebLinkAbout00-2025 09 23 Code Enforcement Board Regular Meeting Minutes.pdfA. Fr _r7T '`ooWe Z iG 0 CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES SEPTEMBER 23, 2025 CITY HALL -COMMISSION CHAMBERS CITY OF WINTER SPRINGS, FLORIDA CALL TO ORDER Chair Stephen Gildea called to Order the Tuesday, September 23, 2025, 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 Miguel Martin, present Board Member Art Gallo, present Board Member Maurice Kaprow, absent - excused Board Member Joanne Krebs, absent - excused Board Member Karen Owens, present Board Member Jonathan Obear, present Board Attorney Amelia Ulmer, present City Clerk Christian Gowan, present Also Present: Deputy Chief Kevin Presley, Winter Springs Police Department (WSPD) Lieutenant Keith Whitmore, WSPD Mr. Chris Elbon, Code Compliance Inspector, WSPD Mr. Carlos De Foe, Code Compliance Inspector, WSPD A moment of silence was held followed by the Pledge of Allegiance. Deputy Chief Presley noted that item 502 was being removed from the agenda as the property had come into compliance. City Clerk Christian Gowan swore in those who would be providing testimony. INFORMATIONAL AGENDA 100.) Code Compliance Monthly Report - August 2025 No discussion. CONSENT AGENDA 200. Not Used 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 - SEPTEMBER 23, 2025 PAGE 2OF5 PUBLIC HEARINGS: NEW CASES 500) Case #2025CE001153 Address: 401 N US Hwy 17-92 Respondent(s): Reeco Properties, LLLP Violation: FBC Section 105.1 - Permits, Required Note: The Respondent was present. Inspector 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. Inspector Elbon recommended a compliance date of October 23, 2025 and a fine of $250 per day if this was not met. Discussion followed on communications with the property owner. Brian Reece and Rodrigo Moreira, Respondents, testified regarding permits that had been issued, noted potential confusion due to addressing, and provided a document for the record'. Further discussion followed with Board Members expressing they would like more information about the status of permits before making any final decision on the case. "I MOVE TO CONTINUE THIS CASE UNTIL THE NEXT REGULAR CODE ENFORCEMENT MEETING." MOTION BY VICE -CHAIR MARTIN. SECONDED BY BOARD MEMBER OWENS. DISCUSSION. VOTE: GALLO (AYE); OBEAR (AYE); OWENS (AYE); MARTIN (AYE); GILDEA (AYE) MOTION CARRIED 5-0. 501) Case# 2025CE001429 Respondent(s): Waldbauer, Brian; Waldbauer Jessica Address: 75 S Cortez Ave. Violation(s): WS City Ord. 20-438- Parking vehicles in residential front yards and on sidewalks prohibited IPMC 2024- Sec 308.1 Accumulation of Rubbish or Garbage Note: The Respondent was not present. Inspector 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 as well as four additional photos provided by the inspector. Inspector DeFoe recommended a compliance date of October 23, 2025 and a fine of up to $250 per day per violation if this was not met. Brief discussion followed on communication efforts and what was needed for the property to come into compliance. "I MOVE TO FIND THAT THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER CARLOS DEFOE CLEARLY SHOWS THERE IS SUFFICIENT SUPPORT TO SUBSTANTIATE THE ISSUES 1 The noted document is attached to the end of these minutes. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 23, 2025 PAGE 3OF5 PRESENT WITH PROPERTY AS IT RELATES TO A VIOLATION OF WINTER SPRINGS CITY ORDINANCE 20-438, PARKING VEHICLES IN RESIDENTIAL FRONT YARDS AND ON SIDEWALKS AND INTERNATIONAL PROPERTY MAINTENANCE CODE (IPMC) 308.1, ACCUMULATION OF RUBBISH OR GARBAGE AND ORDER THAT THE RESPONDENTS BE GIVEN UNTIL OCTOBER 23, 2025 TO ESTABLISH COMPLIANCE. IN THE EVENT THE VIOLATION IS NOT CORRECTED, A FINE OF ONE HUNDRED AND FIFTY DOLLARS ($150) PER DAY SHALL BE IMPOSED FOR THE VIOLATION OF WINTER SPRINGS CITY ORDINANCE 20- 438 AND A FINE OF FIFTY DOLLARS ($50) PER DAY SHALL BE IMPOSED FOR VIOLATION OF IPMC 308.1 UNTIL COMPLIANCE IS REPORTED TO AND VERIFIED BY CITY CODE ENFORCEMENT." MOTION BY BOARD MEMBER GALLO. SECONDED BY VICE -CHAIR MARTIN. DISCUSSION. VOTE: GALLO (AYE); OBEAR (AYE); OWENS (AYE); MARTIN (AYE); GILDEA (AYE) MOTION CARRIED 5-0. 502) Case# 2025CE001019 Respondent(s): DUFAULT, ANGELA M; DUFAULT, GERARD P Address:122 N Alderwood St Violation(s): IPMC 2024 Sec. 302.4- Weeds IPMC 2024 Sec. 308.1- Accumulations of Rubbish or Garbage WS City Ord. 20-438- Parking vehicles in residential front yards and on sidewalks prohibited IPMC 2024 Sec. 302.7- Accessory Structures *As noted, this item was pulled from the agenda. 503) Case# 2025CE001347 Respondent(s): GABRIELE, ALLEN 3 Address: 915 Puma Trl Violation(s): WS City Ord.12-53- Abandonment of motor vehicles prohibited IPMC 2024- 302.4 - Weeds Note: The Respondent was present Inspector 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 including four additional photographs that were presented by the inspector. Inspector DeFoe recommended a compliance date of October 23, 2025 and a fine of up to $250 per day per violation if this was not met. Allen Gabrielle, Respondent, 975 Puma Trail, Winter Springs testified about the status of the vehicles in question, medical issues that had prevented him from addressing the overgrowth and asked for 60 days to remedy the violations. Discussion followed on the necessary actions to come into compliance, a recommendation to stay in contact with code compliance to ensure actions taken are sufficient, and an appropriate timeline for compliance. "I MOVE TO FIND THAT THE PHOTOGRAPHS AND TESTIMONY FROM OFFICER DEFOE SHOW THAT THERE ARE ACTUAL FINDINGS THAT THE RESPONDENT IS IN CURRENT VIOLATION OF WINTER SPRING CITY ORDINANCE 12-53, ABANDONMENT OF MOTOR CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 23, 2025 PAGE 4OF5 VEHICLES, AND IPMC VERSION 2024, SECTION 302.4, WEEDS. I MOVE THAT THE RESPONDENT BE GIVEN 60 DAYS [UNTIL NOVEMBER 22, 2025] TO CORRECT THE VIOLATION. IN THE EVENT THAT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWENTY-FIVE DOLLARS ($25) PER DAY PER VIOLATION SHALL BE IMPOSED UNTIL THOSE VIOLATIONS COME INTO COMPLIANCE AND ARE REPORTED TO AND VERIFIED BY CITY CODE ENFORCEMENT." MOTION BY VICE -CHAIR MARTIN. SECONDED BY BOARD MEMBER GALLO. DISCUSSION. VOTE: GALLO (AYE); OBEAR (AYE); OWENS (AYE); MARTIN (AYE); GILDEA (AYE) MOTION CARRIED 5-0. PUBLIC HEARINGS: NON-COMPLIANCE CASES 600) Case #2025CE000238 Address: 206 Cottonwood Dr Respondent(s): Isabella Borini and/or Joseph Ariola Violation: FBC Section 105.1 - Permits, Required Note: The Respondent was present Inspector Elbon introduced the case, offered testimony on the procedures of notice and the violation, and reviewed the "Presentation." The Board accepted the packet as published into evidence without objection. Inspector Elbon recommended the Board's previous order be imposed with a fine of $200 per day from August 1, 2025 and continuing until the violation was corrected. Joseph Ariola, Respondent, 206 Cottonwood Drive testified that a professional drawing and sealed plans were outstanding on the permit and noted that he had received them today. He further testified about efforts to come into compliance and difficulties related to his work schedule and asked for a brief extension to avoid any fines. Discussion followed on available options the Board could consider including extending the original compliance date, the necessary amount of time to come into compliance, and the need for the permit to be issued to meet compliance. "I MOVE TO ADJUST THE ORIGINAL ORDER DATE THAT WAS LISTED ON THE NOTICE SIGNED ON JUNE 9TH TO HAVE A COMPLIANCE DATE OF OCTOBER 1ST, 2025. IN THE EVENT THAT HE [RESPONDENT] DOES NOT COMPLY BY THAT DATE, THE ORIGINAL FINES THAT WERE IN THAT ORDER ARE TO BE ACCRUED." MOTION BY VICE -CHAIR MARTIN. SECONDED BY BOARD MEMBER GALLO. DISCUSSION. VOTE: GALLO (AYE); OBEAR (AYE); OWENS (AYE); MARTIN (AYE); GILDEA (AYE) MOTION CARRIED 5-0. REGULAR AGENDA 700. Not Used ADJOURNMENT Chair Gildea adjourned the meeting at 6:57 PM RESPECTFULLY SUBMITTED: CHRISTIAN D. GOWAN, MPA, CIVIC CITY CLERK CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 23, 2025 PAGE 5OF5 o� W inter s oCPo� \ O �co afC�a 1 oQ 0�. . it Odle County NOTE: These Minutes were approved at the Tuesday, February 24, 2026 Code Enforcement Board Regular Meeting. A G Arclutectuial Design Build Lu•. Date: September 15, 2025 To: City of Winter Springs Building Department —Brenda Paz, Glenn Pereno From: CAG Architectural Design Build Inc Subject: 409 N US HWY 17-92 , LONGWOOD, FL, 32750 Permit #: COMW2025-0433 V f Y V V U N V V I V V• V V � v v The following are the review comments repeated and Dui J cSNui 16C� LU Ll 1U017, UU1 [it 11%al Ito• Fire Review: Comment 1 RESPONSE 1. Comment 2, RESPONSE 2. Please add/correcfi NFPA 1 and NFPA 101 (Florida Fire Prevention Code) edition to 2021 - 8th Edition. Kitchen shall be calculated at 100 sq. ft per person based on NFPA 101, Table 7.3.1.2. Comment 3, Please verify that new exit leading to rear parking lot meets the requirements of exit discharge by providing a good and unobstructed path of travel to a public way. NFPA 101, 3,3.88• RESPONSE 3. Comment 4. Info -Separate permit and review shall be provided if any fire protecfiion system work is conducted (such as hood suppression system in the {ctchen). RESPONSE 4. Comment 5. Additional comments may be generated based on resubmittal.. RESPONSE U. Building Review: Comment 1. PERMIT APPLICATION; FLORIDA STATUTE 713.135(7)(A), NOT VALID. PROVIDE REVISED APPLICATION TO INCLUDE ALL APPLICABLE SUBCONTRACTOR(S); ELECTRICAL, MECHANICAL, PLUMBING, ETC., PER FBC SECTION [A] 105, FLORIDA STATUTE 553,79, DOCUMENTS REQUIRED, LICENSE(S), LIABILITYANC INSURANCE (CERTIFICATE HOLDER; CITY OF WINTER SPRINGS; FS440), AND POA FOR ALL SUBCONTRACTOR(S). RESPONSE 1. CAGDB Project Number DB25-033 PERMIT ##: COMM-2025-0433 9/15/2025 G' A G tl, Architectural Design Buiki Inc Comment 2. PROVIDE MINIMUM 2 EXITS; MEANS OF EGRESS PER FBC CHAPTER 10. RESPONSE 2. Comment 3. PER FBC "EXISTING" CHAPTER 8, AREA OF IMPROVEMENT INCREASES THE OCCUPANT LOAD, PROVIDE MINIMUM 2 ACCESSIBLE RESTROOM(S) 1 MALE AND 1 FEMALE IN ACCORDANCE WITH FABC CHAPTER 4 AND CHAPTER 6, RESPONSE 3. Comment 4. ENERGY DESIGN AND CALCULATIONS PER FBC ENERGY CONSERVATION SECTION C4 AND C5. RESPONSE 4. Comment 5. SLAB; NEW PLUMBING, INFILL DETAILS PER FBC SECTION [A] 107.3.5. RESPONSE 5. Comment 6. ELECTRICAL RISER DIAGRAM; NEW SERVICE AND 400AMP DISCONNECT PER FBC SECTION [A] 1070241 IN ACCRDANCE WITH NFPA70/NEC2020, RESPONSE 6. Comment 7. SITE PLAN SHOWING EXISTING CONDITIONS AND PROPOSED AREAS OF IMPROVEMENTS; PUBLIC WAY; FBC CHAPTER 10, FFE/SURROUNDING ELEVATIONS; FBC SECTION [A] 107.3.5, REQUIRED PARKING BASED ON INCREASE OF SEATING; FBC "EXISTING" AND FABC, AND WINTER SPRINGS CODE OF ORDINANCES, RESPONSE 7. Please do not hesitate in contacting me if you have any questions or need any additional information. Thank you for your time and review comments. 2 CAGDB ProjectNuznberDB25-033 9/15/2025 PERMIT #: COMM-2025-0433 Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2025076288 BookA0873 Page:764; (1 PAGES) RCD: 8/5/2025 1:04:38 PM REC FEE $10,00 i17110 1 Name; Addre Permit Number, CERTIFIED COPY - GRANT MALOY . '_ Lr-ns;—THE CIRCUIT COURT CSI Parcel ID Number, 3 1 - '� G - 3 L> - LIB - DOp( - 61 � The undersigned heraby gives notice that improvement ewll be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of Commencement 1, DESCRIPTION OF PROPERTY: (Legal � Itvr rr" of wl_� s wv 17- 2. GENERAL, DEgCRIpTLON OF IM O -A dA e � ri;_(,l_L� _� 3. OWNER INFORMATIr`id OR LESSFF Name and address,_L_ G f Interest in properly;_(? f o the property and street address if avail EIVTZ M �.S-Tf6�1 f C� wt-F- u r•2 LL IF THE LESSEE CONTRACTED FOR THE Fee Simple Title Holder (if other than owner listed above) Address._ U I 4, CONTRACTOR: Narrca:(' ri �eC. Address: (I ) LL I r r i� 5, SURETY (If applicat,t.�, a copy of the Payment bond is < Address: N I 6, LENDER: Name: j Address: r �dt1vve• r� `1Gl� zz Amgant o`f 8gnd: _�1 �A— Phone Number. 7. Persons within the Sr ire of Florida tmcsignated by Owner upon whom nollce or other doeumenis may be served as provided by Section 713.13(1)(a)7., Florid.; ^iar„res. a. in addition, Owner d�r.:iep�a+.r�s Phony Number of [o receive a copy of the a.icnols Notice as provided in Section 713.13(1)(b), Foortda Statutes, Phone number, 9. Expiration Date of Notir:• r,i ^ommenr:::rnent (The expiration is 1 year from date of recording unless a different date is speed) WARNING TO OWNE1?: i ,'1' FAYMLNTtS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE :rA NSIDERED IMPROI''1=l PA`rMENTS OWNER CHAPTER 713, PART I, SECTION 713-13, FLORIDA STATUTES, AND CAN RESULT IN YOUR YINGTWICEFORPAENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEfviEtTr MUST BE RECORDED AND POSTED ON THE B SITE; BEFORE THf_ I I t INSPEOrION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCIPlr?'; i ^; OR RECORDING YOUR NOTICE OF COMMENCEMENT_ Under penalties of perju: ,. belief, (Signoluro Aulhariz:• : - tnctare that 1 have read the foregoing and that the facts stated In it are true to the pest of my knowledge and r. or Cr:nrs nrlr_^•_e's State of fr,r,nty of The foregoing instrum, :, i ;rr!(nourlr rlgrad before me this J day of )A b — 20 v aron r nE, nq str,:omenr Who is personally known to me ❑ OR Who has produced ir; f identification produced: V1 _ •:r,r, It I + _ - hELeN K. AILEN �`: Nra: ry Public - State of Florida Cc:nmis5icn 4 HH 538�8a °f My Lamm, Expires Jul 70 2028 BY: THIS INSTRUMENT PREP Name: 7' +r� l.i" Address: 12.60 W. GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT 8r COMPTROLLER CFN# 2025076288 Bk:10873 Page:764(1 Pgs) REC: 08/05/2025 1:04:38 PM by hdevore RECORDING FEES $10.00 Permit Number Parcel ID Number: 3 - 1 G EL �.11- 3 C� - G� Ltd GDp(� - (j jC/ The undersigned hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of Commencement. 1 OF PROPERTY_ (I enal DESCRIPTION OWNER INFORMATION OR LESSEE Interest in property: Fee Simple Title Holder (if other than owner Listed above) CONTRACTOR: SURETY (If applicable, a copy of the payment bond is Phone Number. Persons within the State of Florida Designated by Owner upon whom notice or other documents may be served as provided by Section 713.13(1}(a)7., Florida Statutes. 8. In addition, Owner designates Phone Number. of to receive a copy of the Lienor's Notice as provided in Section 713.13(1)(b), Florida Statutes. Phone number; 9. Expiration Date of Notice of Commencement (The expiration is 1 year from date of recording unless a different date is specified) WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I. SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. Under penalties of perjury, I declare that I have read the foregoing and that the facts stated in it are true to the best of my knowledge and belief. Holum of Owner or Lessee, or Owner's or Le ' Authorized OfftcerrDirector/Pariner/Manager) State of _ t— t iy X A,� County of S �.i-� � \•�c"l �- and The foregoing instrument was acknowledged before me this da of b :�j Name of person makingtement staWho is personally known to me O OR who has produced identification "type of identification produced: j��� t. HELEN K. ALIEN � � K< Notary Public • State of Florida �*���: Commission 4 HH 53848a My Comm. Expires Jul 7, 101E Customer: REECO PROPERTIES Account No: 855254 1 NOTICE OF COMMENCEMENT Inst# 2025076288 BK/PG 10873/764 COUNTY RECORDING FEES COPIES CERTIFICATION 2 NOTICE OF COMMENCEMENT Inst# 2025076289 BK/PG 10873/765 COUNTY RECORDING FEES COPIES CERTIFICATION Receipt Total: Paid By: CREDIT CARD 15907637 Credit Card Service Fee: Total Tendered Grant Maloy Clerk of the Circuit Court &Comptroller Seminole County P.O. Box 8099 Sanford FL 32772 Phone:407-665-4411 Tran: 5737808 - 23152002 Receipt # 2459446 Receipt Date 08/05/2025 Account Balance: 0.00 NOTICE OF COMMENCEMENT NOTICE OF COMMENCEMENT HAVE A NICE DAY HOW ARE WE DOING? PLEASE VISIT SEMINOLECLERK.ORG $13.00 10.00 1.00 2.00 $13.00 10.00 1.00 2.00 $26.00 26.00 0.91 $26.91 pm ver. 19.08.26.1001