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HomeMy WebLinkAbout_2026 07 28 Code Enforcement Board Regular Meeting Minutes CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES JULY 28, 2026 CITY HALL – COMMISSION CHAMBERS CITY OF WINTER SPRINGS, FLORIDA CALL TO ORDER Chairperson Stephen Gildea called to Order the Tuesday, July 28, 2026, 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: Chairperson Stephen Gildea, present Vice Chairperson Miguel Martin, absent excused Board Member Art Gallo, present Board Member Maurice Kaprow, absent excused Board Member Joanne Krebs, present Board Member Jonathan Obear, present Board Attorney Amelia Ulmer, present Interim City Clerk Tristin Tarrant, present Also Present: Deputy Chief Kevin Presley, Winter Springs Police Department (WSPD) Mr. Carlos DeFoe, Code Compliance Inspector, WSPD Ms. Laurie Reville, Code Compliance Inspector, WSPD A moment of silence was held followed by the Pledge of Allegiance. No changes were made to the agenda, and the agenda was adopted as presented. Interim City Clerk Tarrant swore in those who would be providing testimony. Interim City Clerk requested the two absent members be excused as requested. The Board gave consensus in excusing the absent members. INFORMATIONAL AGENDA 100. Code Compliance Monthly Report – June 2026 Chairperson gave praise for the monthly compliance report but asked for a small clarification on the number of initiated cases within the report, stating it seems like a lower number then past months. Deputy Chief Presley relayed the lower number had to do with a staff transition and training a new Compliance officer. CONSENT AGENDA 200. Approval of the Minutes: Tuesday, April 28, 2026 Code Enforcement Board Regular Meeting Chairperson Gildea noted a clerical error and asked for a motion with the minor fix. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – JULY 28, 2026 PAGE 2 OF 6 MOTION TO APPROVE THE MINUTES WITH THE ONE CORRECTION. MOTION BY BOARD MEMBER GALLO. SECONDED BY MOTION BOARD MEMBER KREBS. PASSED WITH UNANIMOUS VERBAL CONSENT. NO OBJECTION WAS GIVEN OR VOICED. Committee Member Gallo asked about the status of a previously requested list or report regarding permits. Staff relayed they would look further into and would get back with the Board. PUBLIC HEARINGS: CONTINUED CASES 300. Not Used PUBLIC HEARINGS: REPEAT CASES 400. Not Used PUBLIC HEARINGS: NEW CASES 500. Case #2026CE000938 Address: 648 Cheoy Lee Cir Respondent(s): Bonnie J. Vandergriff Violation: WS City Ord. 13-2(b) – Prohibitions WS City Ord. 13-2(e) – Prohibitions Note: The Respondent was not present. Code Compliance Inspector Laurie Reville 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 Reville recommended a fine of up to $250.00 per day for WS City Ord. 13-2(b) due to the violation remaining and to give the respondent a compliance date of August 27, 2026, for the remaining violation to come into compliance. Inspector Reville stated that the pool violation had been corrected and the respondent was already working to remove the junk and storage items for the other violation. Inspector Reville read a statement from the respondent the relayed she was having some financial difficulties with getting the remainder of the items removed from the back patio area, so she was requesting three months (90 days) from the board to provide ample time to get the remainder of the items removed. Brief discussion ensued which relieved the respondent is an older handicapped women with limited mobility. Additional reinspection photos were also presented showing that the pool had been fully cleaned correcting Winter Springs City Ordinance (WS City Ord.) 13-2[e] and the partial removal of the additional items. Discussion followed on communication with the respondent, appropriate timelines for compliance, and appropriate fines. “I MOVE TO FIND THAT THE PHOTOGRAPHS AND TESTIMONY OF CODE INSPECTOR LAURIE REVILLE CLEARLY SHOWS THERE IS SUFFICIENT SUPPORT TO SUBSTANTIATE THE ISSUES PRESENT ON THE CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – JULY 28, 2026 PAGE 3 OF 6 PROPERTY AND THAT THE RESPONDENT IS IN VIOLATION OF WINTER SPRINGS CITY ORDINANCE 13- 2(B), PROHIBITIONS - AND THAT THE RESPONDENTS BE GIVEN UNTIL OCTOBER 27, 2026 TO ESTABLISH COMPLIANCE. IN THE EVENT THE VIOLATION IS NOT CORRECTED, A FINE OF FIFTY DOLLARS ($50.00) SHALL BE IMPOSED PER DAY FOR WINTER SPRINGS CITY ORDINANCE 13-2(B), PROHIBITIONS." MOTION BY BOARD MEMBER GALLO. SECONDED BY BOARD MEMBER OBEAR. DISCUSSION. VOTE: GALLO (AYE); KREBS (AYE); OBEAR (AYE); GILDEA (AYE) MOTION CARRIED 4-0. Chairperson Gildea spoke to an event he witnessed involving individuals who help others with correcting issues may have resulted in a violation notice. Deputy Chief Presley confirmed the event was called “Neighbor to Neighbor”. Additionally, Deputy Chief clarified and corrected a typo for the Board on the “June 2026 Compliance report”, the “Code Cases Initiated” should have stated 119 like what the graph states. 501. Case #2026CE000718 Address: 122 North Alderwood Street Respondent(s): Angela M. Dufault; Gerard P. Dufault Violation: WS City Ord. 13-2 – Prohibitions IPMC 302.4 – Weeds Note: The Respondent was present. Code Compliance Inspector Laurie Reville introduced the case, offered testimony on the procedures of notice and the violation, and showed photos from the “Presentation” of the initial complaint date and several reinspection dates. Inspector Reville recommended a compliance date of August 27, 2026 and a fine of up to $250.00 per day per violation if this was not met. Additional photos from the day before were shared showing items and materials on the front porch and weeds from the back yard concluding the property is still in violation. The Board asked for clarification on the staff recommendation if it was for both violations. Staff responded that the recommendation was for both violations. Mr. Gerard Dufault, Respondent testified and first addressed a few of the Boards questions regarding a pool and the car within the driveway. Mr. Dufault testified that some of the photos were taken during the time the home was being renovated and that he does travel for work, but he has cleaned up the front yard and removed the outdoor storage. The Board asked the respondent if Code Compliance had been notified so they could conduct a reinspect for compliance and expressed importance to stay in compliance. Mr. Dufault responded in kind and with staff being notified a reinspect for compliance will be conducted. “I MOVE TO FIND THAT THE PHOTOGRAPHS AND TESTIMONY OF CODE COMPLIANCE INSPECTOR LAURIE REVILLE CLEARLY SHOWS THERE IS SUFFICIENT SUPPORT TO SUBSTANTIATE THE ISSUES PRESENT ON THE PROPERTY, THAT THE RESPONDENT IS IN VIOLATION OF WINTER SPRINGS CITY ORDINANCE 13-2(B), PROHIBITIONS AND IPMC (2024) 302.4, WEEDS AND ORDER THAT THE RESPONDENTS BE GIVEN UNTIL AUGUST 27, 2026 TO ESTABLISH COMPLIANCE. IN THE EVENT THE CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – JULY 28, 2026 PAGE 4 OF 6 VIOLATIONS ARE NOT CORRECTED, A FINE OF FIFTY DOLLARS ($50.00) SHALL BE IMPOSED PER DAY PER VIOLATION UNTIL COMPLIANCE IS REPORTED TO AND VERIFIED BY CITY CODE ENFORCEMENT.” MOTION BY BOARD MEMBER GALLO. SECONDED BY BOARD MEMBER OBEAR. DISCUSSION. VOTE: GALLO (AYE); KREBS (AYE); OBEAR (AYE); GILDEA (AYE) MOTION CARRIED 4-0. 502. Case #2026CE000937 Address: 701 E SR 434 Respondent(s): Phelopateer LLC Violation: WS City Ord. 13-2(b) – Prohibitions Note: The Respondent was present. Code Compliance Inspector Carlos 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 as well as additional photos presented by Inspector DeFoe without objection. Inspector DeFoe recommended a compliance date of August 27, 2026 and a fine of up to $250.00 per day per violation if this was not met. Inspector DeFoe relayed there was some clean-up on the property but that the main issue was being able to maintain the cleanliness. Brief discussion ensued between the Board and the Compliance Officer regarding communication with the respondent and the viewed issues with the dumpster area. Mr. Kamil Gowni, Respondent testified to some issues the plaza is experiencing with residents from the surrounding area throwing their garbage within the plaza dumpster area, but Mr. Gowni relayed he is complying as best he can, has workers clean up frequently and is pursuing a lockable dumpster. The Board asked the respondent if Waste Pro had been notified of the missing lid for the dumpster and the respondent stated he had left them know already. Discussion ensued on surveillance and further solutions the respondent can look into to help keep the property clean. “I MOVE TO FIND THAT THE PHOTOGRAPHS AND TESTIMONY OF CODE INSPECTOR CARLOS DEFOE CLEARLY SHOWS THERE IS SUFFICIENT SUPPORT TO SUBSTANTIATE THE ISSUES PRESENT WITH THE PROPERTY AND THAT THE RESPONDENT IS IN VIOLATION OF WINTER SPRINGS CITY ORDINANCE 13 - 2(B), PROHIBITIONS AND ORDER THAT THE RESPONDENTS BE GIVEN UNTIL AUGUST 27, 2026 TO ESTABLISH COMPLIANCE. IN THE EVENT THE VIOLATION IS NOT CORRECTED, A FINE OF ONE HUNDRED DOLLARS ($100.00) SHALL BE IMPOSED UNTIL COMPLIANCE IS REPORTED TO AND VERIFIED BY CITY CODE ENFORCEMENT.” MOTION BY BOARD MEMBER GALLO. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. VOTE: GALLO (AYE); KREBS (AYE); OBEAR (AYE); GILDEA (AYE) MOTION CARRIED 4-0. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – JULY 28, 2026 PAGE 5 OF 6 PUBLIC HEARINGS: NON-COMPLIANCE CASES 600. Case #2026CE000227 Address: 1033 Northern Way Respondent(s): Robin A Neilen and Sharyon L Neilen Violation: WS City Ord. 13-2(b) – Prohibitions WS City Ord 20-434 – Authorized Commercial Vehicles in Residential Areas Note: The Respondent was present. Code Compliance Inspector Carlos DeFoe introduced the case, offered testimony on the procedures of notice and the violation, and showed photos from the “Presentation.” Inspector DeFoe recommended the Board impose the previously approved Board Order imposing a fine of $200.00 per day. Additional reinspection photos were presented from July 27, 2026 and the day of the hearing by Inspector DeFoe. Discussion followed on communications with the respondent and clarification were asked on the allotted number of commercial vehicles allowed on a property and the pictured permit box posted at the property. Staff responded in kind. Robin Neilen, Respondent testified and expressed his want to comply. Mr. Neilen provided additional records related to employee credentials for the board’s reference.1Mr. Neilen testified he had video showing that the property had no violations on January 22, 2026, which is the date the initial violation was observed relayed in testimony and evidence from Code Compliance. Mr. Neilen further testified to the status of the permits on his property and his conversation with Code Compliance relating to said permits. Discussion followed on the permits mentioned and their status. Board Attorney Ulmer reviewed and relayed information from the documents provided but could not speak to the validity due to them only being a screen grab and would refer to what the city had within their Civic Plus system. Further discussion ensued on how long the commercial vehicles had been present and additional items shown in the photos presented. Mr. Neilen stated the U.S. Constitution safeguards against unreasonable searches and allows items to be kept backyard as long as the items are his and are not in the front yard and visible. Board Attorney Ulmer further clarified and defined section 20-434 of the city code for the Board, spoke to the referenced U.S. Constitution cited by Mr. Neilen, and confirmed there are no conflicts between the 4th amendment search and seizures and the city code regarding commercial vehicles. “I MOVE TO FIND THAT THE PHOTOGRAPHS AND TESTIMONY OF CODE COMPLIANCE INSPECTOR CARLOS DEFOE SHOWS THERE IS SUFFICIENT SUPPORT TO SUBSTANTIATE THE ISSUES PRESENT AND THAT THE RESPONDENT REMAINS IN VIOLATION OF WINTER SPRINGS CITY ORDINANCE 13-2(B), PROHIBITIONS AND WINTER SPRINGS CITY ORDINANCE 20-434 AUTHORIZED COMMERCAIL VEHICLES IN RESIDENTIAL AREAS AND I MOVE TO THE ORDER THAT THE PENALTY SETFORTH IN THE BOARDS PERVIOUS ORDER DATED APRIL 28, 2026 SHALL BE IMPOSED CONSISTENT WITH THAT ORDER.” MOTION BY BOARD MEMBER GALLO. SECONDED BY BOARD MEMBER OBEAR. DISCUSSION. VOTE: GALLO (AYE); KREBS (AYE); OBEAR (AYE); GILDEA (AYE) MOTION CARRIED 4-0. 1 Attached to the end of these minutes.