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HomeMy WebLinkAbout2011 09 20 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 20, 2011 CALL TO ORDER The Regular Meeting of Tuesday, September 20, 2011 of the Code Enforcement Board was called to Order by Chairperson Laura -Leigh Wood at 7:04 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Roll Call: Chairperson Laura -Leigh Wood, present Vice Chairperson Hugh Fisher, present Board Member Dick Crenshaw, absent [Unexcused] Board Member Barbara Croswell, absent [Excused] Board Member Carole Giltz, present Board Member Jim Wentz, present Assistant City Attorney Kimberly Kopp, present Chairperson Wood announced, "We do have an `Excused' absence this evening with Board Member (Barbara) Croswell." There was a moment of silence for our Armed Forces followed by the Pledge of Allegiance. Chairperson Wood inquired about Agenda changes in which Assistant to the City Clerk Gayle Coutant stated, "We will not be hearing Cases `502.4', - `502.5', `502.6', `502.7', `502.8'and `502.9'." Assistant to the City Clerk Coutant swore in the Winter Springs Code Enforcement Inspectors who may be providing Testimony during the presentation of the Cases. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2011 PAGE 2 OF 13 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The August 16, 2011 Code Enforcement Board Regular Meeting Minutes. Chairperson Wood asked, "Do I have a Motion of the Approval of last month's Minutes which was — the 16 of August ?" CHAIRPERSON WOOD NOTED, "MOTION BY (BOARD MEMBER) CAROL GILTZ." SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office Of The City Attorney Assistant City Attorney Kimberly Kopp reported, "At your last meeting — there was a Motion in the Case Number 11- 0025201, Kathryn Fairchild on Pheasant Circle." Chairperson Wood inquired about a copy of the Agenda, in which Assistant to the City Clerk Coutant provided Chairperson Wood with a copy of the Minutes. Continuing, Assistant Attorney Kopp stated, "I'm just providing you with a quick update, as a courtesy. In that Case, a Motion was made at the Non Compliance Hearing to increase the penalty to five hundred dollars ($500.00) per day and I am just letting you know that we could not make that increase per the Motion. It needs to stay at two (hundred) fifty (dollars) ($250.00) per day because the (Florida) Statute does not allow the Violation to be in excess of two (hundred) fifty (dollars) [$250.00]." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2011 PAGE 3 OF 13 Chairperson Wood inquired, "This particular Violation or why ?" Assistant Attorney Kopp replied, "It was not a Repeat Violation." REPORTS 401. Code Enforcement Division No Report was given. REPORTS 402. Office Of The City Clerk There was no Report. REPORTS 403. Code Enforcement Chairman Chairperson Wood commented, "Sadly, our Board Member (Tony) Ingria has resigned. So I just wanted to Report that. We enjoyed him while he was here. He certainly did add to this Board." Continuing, Chairperson Wood recognized Board Member Jim Wentz and welcomed him back to this Board. REPORTS 404. Code Enforcement Vice Chairman No Report. REPORTS 405. Code Enforcement Board Members No Reports were provided. PUBLIC INPUT No one spoke. CITY OF WINTER SPRINGS, FLORIDA M INUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2011 PAGE 4 OF 13 PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 500.1 Not Used 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 Division — Police Department CASE #11- 0026337 Indian Ridge Condo Association 349 San Rafael Court Winter Springs, Florida 32708 Sec. 6 -195. Fence Date Of Service: September 2, 2011 Inspector — Christi Flannigan Inspector Christi Flannigan, Code Enforcement Division, Police Department submitted "WS 1" as Evidence, the CD PowerPoint presentations of all Cases being Heard at this meeting. Next, Inspector Flannigan provided Evidence "WS 2" and "WS 3" to the Board and began her Testimony by stating, "First observed this on May 19 of 2011. The fence has slats missing and it's falling. Notice of Code Violation was mailed to the owner of Record on July 8 (2011). The Notice of Code Violation letter was signed for by A. Diefel on July 11 (2011). As of today, this property has not been brought into Compliance." Inspector Flannigan provided the status of the Certified mailing for this meeting which was signed for on September 2, 2011 and also noted, "The property was Posted on September 3` (2011) by Inspector (Butch) West. We are asking for Finding of Fact and Relief." Photographs of the property in Violation were shown to those in attendance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2011 PAGE 5 OF 13 Following the photographic display, Inspector Flannigan suggested the owner be given until October 4, 2011 to correct the Violation with a Fine of fifty dollars ($50.00) a day if found in Non - Compliance. Inspector Flannigan then mentioned, "There has been no contact from the Homeowners Association at all on this." Discussion on who owned the property ensued. Chairperson Wood then announced, "There is not a Respondent (present). Please let the Record reflect that." "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL TEN (10) DAYS FROM THIS DATE, WHICH WOULD BE SEPTEMBER 30 (2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF FIFTY DOLLARS ($50.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER GILTZ. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE CHAIRPERSON WOOD: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Division — Police Department CASE #11- 0026338 Indian Ridge Condo Association 349 San Rafael Court Winter Springs, Florida 32708 IPMC 304.2 Exterior Covering (Paint Peeling) Date Of Service: September 2, 2011 Inspector — Christi Flannigan Assistant to the City Clerk Coutant asked for clarification of the Case Number that was placed in the Power Point presentation. Inspector Flannigan noted, "It is (Case Number 11 -0026) 338. That is a typo." Inspector Flannigan noted, "For the Record, the Notices are correct also. I have `WS 2' and `WS 3' one is where they signed for the Notice of Hearing. The other one is Posting of the property by (Inspector) Butch West." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2011 PAGE 6 OF 13 Next, Inspector Flannigan mentioned that she also observed this on May 19, 2011 and said, "There's large areas of the exterior wall that the paint is peeling off, chipping off. Notice of Code Violation was mailed to the owner of record on July 8 (2011); signed for by Alana Diefel on July 28 2011. Property has been routinely checked and as of today is still in Non - Compliance. There's been no contact from the owners. Certified Mail of Code Board meeting was mailed on September 1 (2011). It was also mailed First Class. First Class has not been returned. Property was posted on September 3 2011 by Inspector West. We are asking for Finding of Fact and Relief." Photographs of the Violation were displayed in the PowerPoint presentation followed by Inspector Flannigan's recommendations for the Fine and days to correct the Violation. Additional comments regarding the ownership and maintenance of this property were made. "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL OCTOBER 4 (2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) FOR THE FIRST DAY, AND ONE HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY VICE CHAIRPERSON FISHER. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. At this time, Inspector Flannigan commented, "Just for the Board's Record, there was yet another Agenda change. (Agenda Item) `503.1', 672 Cheoy Lee Circle, that has been removed." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2011 PAGE 7 OF 13 PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Division — Police Department CASE #11- 0026339 Indian Ridge Condo Association 349 San Rafael Court Winter Springs, Florida 32708 IPMC 304.9 Overhang Extensions (Soffits) Date Of Service: September 2, 2011 Inspector — Christi Flannigan Inspector Flannigan then noted she observed this Violation on May 19, 2011 and provided Evidence "WS 2" and "WS 3" to the Board. Inspector Flannigan began her Testimony stating, "There are vent covers missing. There are large enough areas that little critters could crawl through and get into the attic space of the building. Notice of Code Violation was mailed to the owner of record on July 8 (2011). It was signed for by A. Diefel on July 14 (2011). As of today, the Violation has not been corrected." Continuing, Inspector Flannigan explained the mailing of the Notices and Posting of the property and then asked the Board for Finding of Fact and Relief. Next, photographs were shown to those in attendance followed by Inspector Flannigan's recommendation that the owner be given until October 4, 2011 with a twenty dollar ($20.00) a day Fine, should the owner be found in Non - Compliance. "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL OCTOBER 4 (2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWENTY DOLLARS ($20.00) FOR THE FIRST DAY AND TWENTY DOLLARS ($20.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2011 PAGE 8 OF 13 PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Division — Police Department CASE #11- 0026567 Luzviminda And William Cannon 1013 Turkey Hollow Circle Winter Springs, Florida 32708 Sec. 13 -2. (d) Junk And Debris Sec. 6 -195. Fence In Disrepair Date Of Service: September 7, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.5 Code Enforcement Division — Police Department CASE #11- 0026568 Luzviminda And William Cannon 1013 Turkey Hollow Circle Winter Springs, Florida 32708 Sec. 13 -2. (b) Stagnant Pool Date Of Service: September 7, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.6 Code Enforcement Division — Police Department CASE #11- 0026851 Mildred Coulburn 221 North Devon Avenue Winter Springs, Florida 32708 Sec. 20 -431. (f) Recreation Vehicle Date Of Service: September 2, 2011 Inspector — Butch West This Case was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2011 PAGE 9 OF 13 PUBLIC HEARINGS - NEW CASES 502.7 Code Enforcement Division — Police Department CASE #11- 0025549 Greenspointe Homeowner Association 634 Anhinga Road Winter Springs, Florida 32708 IPMC 304.9 Soffits Date Of Service: September 8, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.8 Code Enforcement Division — Police Department CASE #11- 0025551 Greenspointe Homeowner Association 634 Anhinga Road Winter Springs, Florida 32708 IPMC 304.2 And IPMC 304.6 Sanitation And Paint Peeling Date Of Service: September 2, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.9 Code Enforcement Division — Police Department CASE #11- 0025552 Greenspointe Homeowner Association 634 Anhinga Road Winter Springs, Florida 32708 IPMC 308.1 Infestation Date Of Service: September 8, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2011 PAGE 10 OF 13 PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS - NON - COMPLIANCE CASES 503.1 Code Enforcement Division — Police Department CASE #11- 0025988 Jennifer Norris And Jonathan Wall 672 Cheoy Lee Circle Winter Springs, Florida 32708 Sec. 13 -2. (d) Stagnant Pool Original Hearing: June 21, 2011 Date Of Service: September 1, 2011 Corporal — Jim Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NON - COMPLIANCE CASES 503.2 Code Enforcement Division — Police Department CASE #11- 0025023 Scott Roberts 311 South Edgemon Avennue Winter Springs, Florida 32708 Sec. 13 -2. (b) Trash And Debris Original Hearing: June 21, 2011 Date Of Service: September 1, 2011 Inspector — Christi Flannigan Chairperson Wood was provided "WS 2 ", the Certified Return Receipt and "WS 3 ", the Affidavit of Posting, as Evidence for this Case by Inspector Flannigan who then began her Testimony and stated, "This Violation was first observed on February 2 2011. This Case was before the Code Board on June 21 (2011). The Board found the property in Violation and gave a Finding of Fact for a hundred dollars ($100.00) a day, with the Fine imposed starting on July 6 2011. The Order was signed for on June 25 (2011) by Scott Williams." Continuing, Inspector Flannigan remarked, "Notice of this Hearing was mailed September 1 (2011). The Notice was also mailed First Class which has not been returned. Notice of Hearing was Posted on the property on September 3 (2011) by Inspector West. As of today, this Violation has not been corrected. He did, today, push the stuff further up into the bushes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2011 PAGE 11 OF 13 Photographs from the original Hearing were displayed followed by more current of the property in Violation. Inspector Flannigan p p Y an noted that a section of this p g property's Violation had been corrected. Following, Inspector Flannigan commented, "As of today, this Violation still exists. We are requesting the Board Fine this property in Non- Compliance and authorize the previous Board Order to be Recorded as a Lien and the Fine be increased to one hundred and fifty dollars ($150.00) a day if found in Non - Compliance." Chairperson Wood asked Inspector Flannigan, "What is your communication with the homeowner ?" Inspector Flannigan replied, "I have had no communication with the homeowner. He has at about eight o'clock, twice now, left me a message..." Vice Chairperson Wood confirmed, "...8:00 p.m. ?" Inspector Flannigan said, "8:00 p.m., yes. He's left me a message that he's working on it. I also have a separate Case that he's been given time to work on the roof and that's a completely separate issue, but, he keeps calling me in regards to that Case. He's not mentioned this particular Case at all." Board Member Jim Wentz asked, "You are saying he called you but have you directly spoken with him or only by voicemail ?" Inspector Flannigan commented, "No, I have not and due to the condition of the house and the reports from neighbors, there is a concern for his well being at this time, as far as living in the structure itself." Discussion. Chairperson Wood clarified, "So you would like us to have a Lien placed on this property ?" Inspector Flannigan remarked, "For the original Order of the Board." Next, Chairperson Wood asked, "And then, if he does not satisfy the Lien, you are saying..." Inspector Flannigan noted, "....If he does not bring it into Compliance." Assistant Attorney Kopp summarized the history of this Case and then stated, "When you find a repeat Violation, if you do, you will not have to have another Hearing for issuing the Order and imposing a Fine." Continuing Assistant Attorney Kopp then stated, "You can wait till such time as it's found in Non - Compliance to decide whether you want to increase the Fine though." Next, Chairperson Wood then mentioned, "We could say — in ten (10) days if it is not corrected then she could go ahead and she does not have to bring it up in front of the Board...." Assistant Attorney Kopp noted, "...Correct. ". Continuing, Chairperson Wood said, "...And also to expedite it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2011 PAGE 12 OF 13 "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE, AND THAT THE PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER. ADDITIONALLY, I MOVE THAT THE FINE BE INCREASED TO A HUNDRED AND FIFTY DOLLARS ($150.00) PER DAY AFTER OCTOBER THE 4 (2011) IF THE PROPERTY IS STILL IN NON - COMPLIANCE." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT No one spoke. Chairperson Wood asked Assistant Attorney Kopp, "In regards to a property — to where it is questionable about the inside and how they are actually living, at what point does the City have — their duty to go in and check on it? If the structure is not sound or if there are problems ?" Assistant Attorney Kopp commented, "I think it would depend on the circumstances of the Case. `What information the City has?', `What provision of the Code is Violated ?' potentially." Vice Chairperson Fisher noted, "Again, I would like to thank the (Assistant) Attorney for streamlining our process." Chairperson Wood agreed by saying, "Absolutely." I CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — SEPTEMBER 20, 2011 PAGE 13 OF 13 ADJOURNMENT Chairperson Wood adjourned the Regular Meeting at 7:36 p.m. RESPECTFULLY SUBMITTED: !� AY LE CO TANT ;•'SSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the October 18, 2011 Code Enforcement Board Regular Meeting.