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HomeMy WebLinkAbout2009 02 17 Code Enforcement Board Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 17, 2009 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, February 17, 2009 was called to Order at 7:00 p.m. by Chairman Mathew Matisak, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Mathew Matisak, present Vice Chairman Laura-Leigh Wood, present Board Member Dick Crenshaw, present Boazd Member Dale Kirby, present Board Member James B. Pitts, present Board Member Gregory Roero, present Boazd Member Leah Weisman, present Alternate Board Member Carole Giltz, present Alternate Board Member Hugh Fisher, present Chairman Matisak stated, "Let the Record reflect that all the Regular Boazd Members are present this evening so our Alternates will not be in a Voting capacity." Next, Chairman Matisak led the Invocation and Pledge of Allegiance. Continuing, Chairman Matisak inquired if there were any "Agenda Changes". Deputy City Clerk Danielle Hazker replied, "Yes, Sir. Tonight we will be hearing Agenda Item `500.1' and that is it." Deputy City Clerk Harker swore in the Winter Springs Code Enforcement Inspectors and those who may be providing Testimony during the presentation of tonight's Cases. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 17, 2009 PAGE 2 OF 13 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The January 20, 2009 Regular Meeting Minutes. Chairman Matisak asked, "Can I get a Motion to Approve the January 20th [2009] Regular Meeting Minutes?" "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: CHAIRMAN MATISAK: AYE VICE CHAIRMAN WOOD: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: NAY MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Code Enforcement Bureau Captain Glenn Tolleson, Code Enforcement Bureau, Police Department mentioned that the City Commission had done a temporary hold on the Commercial Vehicle Ordinance. Chairman Matisak asked, "Does that mean any Cases that -were to be brought up are not going to be brought up or is it infractions that happen after that date?" Captain Tolleson replied, "The Cases that were scheduled for tonight were Cancelled due to that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 17, 2009 PAGE 3 OF 13 Inspector Jose Romero, Code Enforcement Officer, Code Enforcement Bureau, Police Department announced his Retirement effective February 26, 2009 and remarked that the Board has been wonderful and were good friends. Chairman Matisak commented, "It has been a pleasure having you here and we wish you well." Board Member James B. Pitts remarked, "I personally am going to miss you a lot; I really am." Vice Chairman Laura-Leigh Wood added that she would miss Inspector Romero as well. Chairman Matisak continued, "We appreciate your service to the City." REPORTS 401. Office Of The Citv Clerk No Report. REPORTS 402. Code Enforcement Chair No Report. REPORTS 403. Code Enforcement Vice Chair No Report. REPORTS 404. Code Enforcement Board Members No Report. PUBLIC INPUT No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 17, 2009 PAGE 4 OF 13 PUBLIC HEARINGS AGENDA -CONTINUED CASES PUBLIC HEARINGS -CONTINUED CASES 500.1 Code Enforcement Bureau -Police Department CASE #08-0018335 Cisco Barros 207 West Panama Road Section 6-46. (No Building Permit -Expired - Re/Roof) Date Of Service: Certified - "No Proof Of Delivery" Inspector -Cathy Davidson Chairman Matisak stated, "We have Board Members who were not present for the - initial Hearing, so at this time, I need to ask Board Member (Dick) Crenshaw, have you read the Minutes in regards to this Hearing and are you familiar with the facts of this Case?" Board Member Crenshaw replied, "Yes, Sir." Chairman Matisak then asked Board Member Leah Weisman, "Have you read the Minutes and are you familiar with the facts in this Case?" Board Member Weisman answered, "Yes." Chairman Matisak asked, "Does the City have any objection in having Board Member Crenshaw and Board Member Weisman Voting and passing Judgment on this Case this evening, should the Board come to a final decision?" Captain Tolleson replied, "No, Sir. We have no objection." Chairman Matisak inquired, "At this time we would like to ask the Respondent if they have any objection to having Board Member Crenshaw or Board Member Leah Weisman participate in a Voting capacity for this Case this evening? Let the Record reflect that the Respondent is not present." Inspector Cathy Davidson, Code Enforcement Officer, Code Enforcement Bureau, Police Department stated, "This Property was cited June 1 lth, 2008 and failed inspection on June 28 , 2008. Notice was Posted on the property on January the 9th, 2009. Property is still in Non-Compliance and we are asking for Finding of Fact and Relief [Order). And this property was heard last month and was continued." Photographs of this property were shown. Chairman Matisak inquired, "Is this the same PowerPoint from last Meeting?" Inspector Davidson replied, "Yes." Chairman Matisak asked, "Has anything changed in this PowerPoint?" Captain Tolleson answered, "No, Sir, it is -the same PowerPoint, however, it is on a new disc and would have to be associated with the previous disc." Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 17, 2009 PAGE 5 OF 13 Chairman Matisak stated, "The PowerPoint this evening, we will label -PowerPoint 2-17 - as - `WS 4'." Regarding Notice of Posting, Chairman Matisak asked Inspector Davidson, "Is that the original one from last Meeting or is this a new one?" Inspector Davidson replied, "No, this is a new one." Chairman Matisak continued, "I have an Affidavit for Posting 207 West Panama Road dated February 6~' [2009]. We will enter that as `WS 5'." Further discussion. Captain Tolleson summarized, "Last month we heard this Case. It was on an expired Building Permit on the Re/Roof. And we cited the Property Owner; they have to come in, pull the new Permit because they've allowed the old one to lapse. They've performed no work within six (6) months. The Permit's no longer any good. There was no proof of a roof in; the drying in of the roof as well which leaves it to probably -could be deteriorating underneath; we don't know. And then questions came up as to why you have to have a Permit. And with that, we've brought the expert Witness, the Building Official, tonight to explain what happens when it stays in that condition as well as he'll talk about the Administrative Code that once you have the permit, you are required to receive Final Inspection; which is attached to the original Permit -and so, Michael Scheraldi - is the Building Inspector for the City of Winter Springs." Discussion. Mr. Michael Scheraldi, CommerciaUResidential Building Inspector, Community Development Department stated, "My name is Michael Scheraldi -I've been employed with the City for nineteen (19) years; fifteen (15) of which have been with the Building Department. I'm the Commercial/Residential Inspector." Further discussion. Chairman Matisak asked, "If the Board is okay with it - I would like to have Mr. Scheraldi go ahead and present his Testimony and his facts before we open up any questions. Are there any objections to that?" Board Member Pitts stated, "Yes, I have an objection. I want to ask a question before we even get started." Board Member Pitts continued, "I want to know specifically what the Violation is because I see no Violation." Mr. Scheraldi stated, "[Chapter] 553 of the Florida Statutes. It adopts the Florida Building Code, which requires Permits to be pulled for Re/Roofing. Also, in 2007, they have a Hurricane Mitigation Code which came into effect -which requires other things besides what is required by the Florida Building Code." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 17, 2009 PAGE 6 OF 13 Mr. Scheraldi remarked, "The intent of the Code and the enforcement of it is to protect, not only the homeowner, but the surrounding homeowners." Mr. Scheraldi continued, "We're trying to keep this house from getting to a point where it causes harm to the surrounding community. If we allow it to go without being fixed, totally protected from the weather, at the very least, we're opening the home up to become a termite mound, at the very least. At -the worst, the structure members will become compromised and in a storm, we put all the neighborhood at risk." Brief discussion. Chairman Matisak asked, "Did the Respondent, Cisco Barros, pull a Permit for the roof that you see in this photo?" Mr. Scheraldi replied, "Yes, he did." Chairman Matisak continued, "Do you have a copy of that Application?" Mr. Scheraldi answered, "I do." Chairman Matisak inquired, "Is this something that the City wishes to enter into Evidence?" Inspector Davidson stated, "Yes." Captain Tolleson mentioned, "We would like to enter it, however, it is part of the official document within the Building Department and -while turning it in tonight as Evidence, we would need to get back from the Clerk tomorrow then provide her with copies of it." Chairman Matisak said, "That is fine -any Board Members have any objection to that?" No objections were noted. Next, Chairman Matisak stated, "We will enter in the Application from the Respondent, the Building Permit Application, as `WS 6'. And a copy of this original will be made and that copy will be -Evidence labeled `WS 6' and the original will be returned back to Mr. Scheraldi for his files." Mr. Scheraldi noted, "I got an email from the Code Enforcement asking - if a Permit was pulled - we were getting complaints from the residents, as I understand it; no work was being done." Mr. Scheraldi continued, "So, at that time, we could not act upon it, but what we did was, I went out and I left a letter on the premises, asking him to contact me to see what I could do to maybe help him to accomplish what we were trying to accomplish. I believe I left that on - 7/28/[20]08." Mr. Scheraldi continued, "Two (2) weeks later I got a phone call from the homeowner, Mr. Barros, and I explained to him the need for the Inspections -the Inspections that were required." Continuing, Mr. Scheraldi noted, "I think it's important - to mention that at the time of Permitting, with the Permit, he was given a copy of the requirements where it specifically states the three (3) Inspections that are required at the time of pulled Permit is completed. We also have an Affidavit which is filled out by a homeowner." Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 17, 2009 PAGE 7 OF 13 Next, Mr. Scheraldi remarked, "He signed an Affidavit here saying that he understood the Law and would abide by it." Chairman Matisak asked, "Do you want to enter that into Evidence?" Mr. Scheraldi explained, "That's part of the Application." Mr. Scheraldi continued, "I don't know if you would want to add this paperwork which is given to them at the time of Permitting with their Permit, which explains the requirements?" Chairman Matisak inquired, "Would the City like to add that?" Captain Tolleson answered, "Yes, Sir, we would." Regarding the document entitled `City of Winter Springs Building Division Memo Re: HURRICANE MITIGATION/RETROFIT -BILL # 7057-04 ER -For Distribution', Mr. Scheraldi explained, "It's just a Memo from the Building Department to Roofing Contractors and homeowners explaining the Hurricane Mitigation Retrofit Bill Number 7057-04 ER." Chairman Matisak stated, "We will go ahead and mark that as `WS 7'." Captain Tolleson reiterated, "It would be a City of Winter Springs Building Department Memo dated February the 19`" of 2008, reference to Hurricane Mitigation." Further discussion. Regarding the Respondent, Mr. Scheraldi mentioned, "He has worked on many construction sites in the City and should better than most homeowners understand the requirements of the Code and the laws." Chairman Matisak asked, "Have you inspected work of his for work that he has done on other properties, other than his own?" Mr. Scheraldi replied, "Yes." Discussion. Board Member Dale Kirby asked, "Where does it state in -our City Ordinances or in the Florida Statutes Building Codes that you have to complete your Building Permit, once you start?" Mr. Scheraldi replied, "Chapter 109 [Florida Building Code] required inspection." Board Member Kirby continued, "Where does it say that you have to finish the work?" Mr. Scheraldi commented, "A final is a required Inspection." Further discussion. Captain Tolleson remarked, "With it being a Re/Roof, you can't leave that Permit without Final Inspection, which means completed." Discussion. Chairman Matisak noted, "I would like to get a copy of Section 6-46. from the Clerk - we can take a recess so that we can go ahead and get a copy for each of the Board Members to take a look at." Chairman Matisak called a Recess at 7.•31 p. m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 17, 2009 PAGE 8 OF 13 NOTE: Deputy City Clerk Harker distributed copies of Section 6-4. of the Code of Ordinances during the Recess. The Meeting was called back to Order at 7.•42 p. m. Inspector Davidson stated, "I'd like to add to the Record that the Ordinance should be Section 6-4. It reads [Section] 6-46. on the Agenda." Discussion. Chairman Matisak asked, "There was a notation from the City that in fact -this is supposed to be labeled Section 6-4.?" Inspector Davidson replied, "Yes." Chairman Matisak mentioned, "The only thing that troubles me with that, is the fact that -what was noticed was [Section] 6-46., not [Section] 6-4." Chairman Matisak continued, "So, if this Case is not Section 6-46., then - it is not serviced properly, then that takes it out of the jurisdiction of this Board because it has to be serviced properly before we can hear it." Further discussion. "I AM GOING TO MAKE A MOTION THAT WE DISMISS THIS CASE WITHOUT PREJUDICE BECAUSE -THIS HAS NOT BEEN SERVICED PROPERLY AND THE RESPONDENT HAS THE RIGHT TO -KNOW - EXACTLY WHAT IT IS THAT THEY ARE BEING CHARGED FOR AND BY THE TESTIMONY OF INSPECTOR DAVIDSON, WHAT ACTUALLY WAS SERVICED AND WHAT THEY WERE TOLD, IS NOT WHAT IN FACT THEY ARE BEING CHARGED." MOTION BY CHAIRMAN MATISAK. MOTION DIED FOR LACK OF A SECOND. Discussion. Chairman Matisak asked Inspector Davidson, "Do you have a copy of what the Respondent received via Certified Mail?" Inspector Davidson replied, "Yes." Chairman Matisak inquired, "In it, does it describe the charge and the Section in Code?" Inspector Davidson answered, "It does. It says, `No Building Permit/Permit Expired/Re/Roof. Section 6-46.'." Discussion continued. Next, Chairman Matisak asked Captain Tolleson, "This has to be outside of, and this is one of the disadvantages of the Boazd not having an Attorney, but as a Certified Expert in Code Enforcement Hearings by the State of Florida, has this -Case been serviced properly, to your knowledge, of the Law for Service?" Captain Tolleson replied, "Yes, the actual intent of why we're here was cleazly delineated, `Building Permit/Expired'." Chairman Matisak continued, "Was the chazge that they were told, that we are hearing tonight, in fact the chazge that we are deliberating?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 17, 2009 PAGE 9 OF 13 Captain Tolleson answered, "Yes, it is." Chairman Matisak further inquired, "Tell me how so." Captain Tolleson noted,"`Building Permit/Expired'." Chairman Matisak remarked, "So, it is [Section] 6-46. It is [Section] 6-4., which is also `No Building Permit/Expired/Re-Roof." Captain Tolleson commented, "Sure." Further discussion. Tape 1/Side B Discussion continued. Regarding inspections, Chairman Matisak asked Mr. Scheraldi, "Has that ever happened?" Mr. Scheraldi answered, "The original inspection, he had it covered. When we originally went out, the roof deck nailing was covered. We tried to work with him - and we did an impartial; I think we got the back of the house checked for nailing, not the front half" Chairman Matisak inquired, "According to this document, the homeowner is pulling a Permit under Exception 489.1037A [Florida Statutes], did this Respondent pull this Permit under that Exception?" Mr. Scheraldi replied, "Yes, he did." Chairman Matisak continued, "Under [Exception] 489.1037A [Florida Statutes], does it have a description of what has to be done in order to fulfill this permit?" Mr. Scheraldi replied, "To fulfill a Permit, that Affidavit that he signed is -his requirement. He signs that Affidavit acknowledging that he recognizes the Building Code and will adhere to it. The Building Code requires that Final Inspection." Much discussion. Chairman Matisak asked, "There needed to be three (3) Inspections that -took place; he understood that." Mr. Scheraldi replied, "I personally explained that to him, at least four (4) times." Chairman Matisak inquired, "How many Inspections have ever taken place on this property?" Mr. Scheraldi answered, "There might be two (2) showing." Discussion. Next, Chairman Matisak asked, "So, is he essentially in Violation of his Permit because he did not finish and have all the Inspections that was necessary?" Mr. Scheraldi stated, "Yes." Much discussion. Continuing, Chairman Matisak commented, "At this time, I would like to offer the Respondent the opportunity to present Testimony in this Case. Let the Record reflect that the Respondent is not present." Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 17, 2009 PAGE 10 OF 13 "I WOULD LIKE TO MOVE THAT -WHERE NO -VIOLATION WAS FOUND - THE VIOLATION DOES NOT EXIST; NOT GUILTY. AND I WOULD LIKE THE CLERK TO READ THAT." "THE CITY OF WINTER SPRINGS VERSUS MR. CISCO BARROS, CASE NUMBER 08-0018335. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS NOT PROVEN HER CASE. THEREFORE, I MOVE THAT THIS BOARD FIND THAT MR. CISCO BARROS HAS NOT VIOLATED SECTION 6-4. (NO BUILDING PERMIT -EXPIRED - RE/ROOF) OF THE CITY CODE AND A JUDGMENT OF "NOT GUILTY" BE ORDERED FOR THE RECORD." FULL READING DONE BY DEPUTY CITY CLERK HARKER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: VICE CHAIRMAN WOOD: NAY BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: NAY CHAIRMAN MATISAK: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA -REPEAT CASES PUBLIC HEARINGS -REPEAT CASES 501.1 Not Used. PUBLIC HEARINGS AGENDA -NEW CASES PUBLIC HEARINGS -NEW CASES 502.1 Code Enforcement Bureau -Police Department CASE #08-0017325 604 Casa Park Court E Elizabeth Ann Strudgeon Section 12-53. (Unlicensed Motor Vehicle) Date Of Service: Certified - N/A Inspector -Jose Romero This Case was not brought to the Board. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 17, 2009 PAGE 11 OF 13 PUBLIC HEARINGS -NEW CASES 502.2 Code Enforcement Bureau -Police Department CASE #08-0019581 224 Albert Street Kimberly M. Schwartz Section 12-53. (Unlicensed Motor Vehicle) Date Of Service: Certified -Proof Of Delivery -February 7, 2009 Inspector -Jose Romero This Case was not brought to the Board. PUBLIC HEARINGS -NEW CASES 502.3 Code Enforcement Bureau -Police Department CASE #08-0019800 571 Walden Way Jimmy L. Vessels Section 20-411. And 20-434. (Trailer) Date Of Service: Certified - "Return To Sender" February 1, 2009 Inspector -Jim Flannigan This Case was not brought to the Board. PUBLIC HEARINGS AGENDA -NON-COMPLIANCE CASES PUBLIC HEARINGS -NON-COMPLIANCE CASES 503.1 Code Enforcement Bureau -Police Department CASE #04-0006986 606 Alton Road Hazel A. Crawford Trustee Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified -Proof Of Delivery -February 2, 2009 Inspector -Jim Flannigan This Case was not brought to the Board. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 17, 2009 PAGE 12 OF 13 PUBLIC HEARINGS -NON-COMPLIANCE CASES 503.2 Code Enforcement Bureau -Police Department CASE #05-0008362 975 Turkey Hollow Circle Rodney And Natalie Glisan Section 20-411. And 20-431. (Trailer) Date Of Service: Certified -Proof Of Delivery -January 31, 2009 Inspector -Cathy Davidson This Case was not brought to the Board. REGULAR AGENDA REGULAR 600. Office Of The City Clerk Requests That The Code Enforcement Board Review This Agenda Item And Offer Guidance On Which, If Any, Classes They Would Like To Attend That Are Offered By Florida Association Of Code Enforcement (F.A.C.E.) Deputy City Clerk Harker introduced this Agenda Item and asked the Board to let her know which classes, if any, the Board Members would like to attend. Discussion. In regards to which classes Captain Tolleson recommended, Captain Tolleson suggested, "The Code [Enforcement] Board and the Evidentiary [Issues]." Discussion. "I WILL MAKE A MOTION THAT THE CODE BOARD -AUTHORIZES THE CLERK TO UTILIZE BUDGETED MONEY FOR ANY CODE BOARD MEMBER TO TAKE ANY -TWO (2) OF THESE CLASSES, SHOULD IT BE CONVENIENT FOR THEM." MOTION BY CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE CHAIRMAN MATISAK: AYE VICE CHAIRMAN WOOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 17, 2009 PAGE 13 OF 13 Discussion ensued on Red Light Cameras. ADJOURNMENT Chairman Matisak adjourned the Regular Meeting at 8:33 p.m. RESPECTFULLY SUBMITTED: D IELLE HARKER G~~k~ DEPUTY CITY CLERK NOTE: These Minutes were approved at the April 21, 2009 Code Enforcement Board Regular Meeting.