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HomeMy WebLinkAbout2012 04 17 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 17, 2012 CALL TO ORDER The Regular Meeting of Tuesday, April 17, 2012 of the Code Enforcement Board was called to Order by Vice Chairperson Hugh Fisher at 7:00 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, absent [Excused] Vice Chairperson Hugh Fisher, present Board Member Laurie Bates Calhoun, present Board Member Carole Giltz,present Board Member Marvin Kelly,present Board Member Gregg Roero, present Board Member Jim Wentz, present Assistant City Attorney Kate Latorre, present Deputy City Clerk Joan L. Brown,present Assistant to the City Clerk Sean Beaudet, present Vice Chairperson Fisher acknowledged that Chairperson Laura-Leigh Wood's absence "Will be excused". There was a moment of silence recognizing our Troop abroad, followed by the Pledge of Allegiance. Vice Chairperson Fisher announced that there was a minor change to the normal meeting process and shared with the Board that there were "Housekeeping things that are required of us at the beginning of the year, and so we need to go through that process tonight and we will begin with the `Qualification of Posting.' ❖❖ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA - PART I AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. .;..;. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE 2 OF 23 REGULAR AGENDA - PART I REGULAR 601. Office Of The City Clerk Requesting Approval Of The Qualifications Of The Winter Springs Code Enforcement Officers. Captain Chris Deisler, Code Enforcement Division, Police Department addressed the Code Enforcement Board with a review of his qualifications as a Captain with the Police Department and his involvement with the Florida Association of Code Enforcement (FACE). Captain Deisler added that he currently serves as the Support Services Bureau Commander, which includes Code Enforcement. Assistant City Attorney Kate Latorre stated, "Point of Order" and spoke of the Agenda and suggested the Qualifications of Posting be addressed first. REGULAR 600. Office Of The City Clerk Requesting Approval Of An Acceptable `Qualification Of Posting' For The Current Year As Described In Section 162.12, Florida Statutes. Vice Chairperson Fisher stated, "We need a Motion to accept the `Qualification for Posting' for Calendar Year 2012". "I WILL MAKE A MOTION". MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. •• AGENDA NOTE: REGULAR AGENDA - PART I REGULAR AGENDA ITEMS "600" AND "601" WERE ADDRESSED AGAIN, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. •• CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE 3 OF 23 REGULAR AGENDA - PART I REGULAR 601. Office Of The City Clerk Requesting Approval Of The Qualifications Of The Winter Springs Code Enforcement Officers. Vice Chairperson Fisher mentioned that he also had taken some Florida Association of Code Enforcement (FACE) courses and that he thought that they were very helpful and would like to attend more classes. Brief discussion followed on accepting all of the Code Enforcement Officers qualifications with one Motion. Corporal Jim Flannigan, Code Enforcement Division, Police Department introduced himself and gave a brief background on his credentials and noted that he also had received Florida Association of Code Enforcement (FACE) training. Code Enforcement Specialist Howard "Butch" West, Code Enforcement Division, Police Department gave a brief synopsis of his credentials and that he also had taken Florida Association of Code Enforcement (FACE) classes. Inspector Christi Flannigan, Code Enforcement, Police Department introduced herself and noted her experience with the City and the Florida Association of Code Enforcement (FACE) courses she has completed. "I MOVE TO APPROVE THE OFFICER'S QUALIFICATIONS AS PRESENTED". MOTION BY BOARD MEMBER KELLY. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE 4 OF 23 REGULAR 602. Office Of The City Clerk Requesting Approval To Re-Adopt The City Of Winter Springs Code Enforcement Board Policy And Procedures Manual For The Current Year With Any Amendments,As Applicable. Brief comments. "I MOVE THAT WE APPROVE TO RE-ADOPT THE CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD POLICY AND PROCEDURES MANUAL FOR THE CURRENT YEAR WITH ANY AMENDMENTS, AS APPLICABLE". MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. REGULAR 603. Office Of The City Clerk Requesting Approval To Re-Adopt The Sample Motions For The Current Year And Any Amendments,As Applicable. "I MAKE A MOTION TO RE-ADOPT THE SAMPLE MOTIONS FOR THE CURRENT YEAR AND ANY AMENDMENTS, AS APPLICABLE." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER KELLY. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE 5 OF 23 INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The February 21, 2012 Code Enforcement Board Regular Meeting Minutes. "I MAKE A MOTION TO APPROVE THE FEBRUARY 21ST, (2012) MINUTES". MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. DISCUSSION. BOARD MEMBER ROERO REMARKED, "LAST MEETING, YOU SAID THAT-IT WAS JUST A SIMPLE THING, BUT THERE WERE FOUR (4) OF US AT THAT MEETING INSTEAD OF JUST TWO (2) - WHEN WE WENT BEFORE THE COMMISSION. WITH FURTHER BRIEF COMMENTS, VICE CHAIRPERSON FISHER STATED, "LET THE RECORD SHOW THAT THERE WERE FOUR (4) OF US AT THE CITY COMMISION MEETING". VICE CHAIRPERSON FISHER ASKED BOARD MEMBER ROERO, "IS IT IN THE MINUTES?" BOARD MEMBER ROERO RESPONDED, "I THINK IT WAS IN THE MINUTES". DEPUTY CITY CLERK JOAN BROWN STATED, "THAT WAS IN THE MINUTES, FEBRUARY 215T, (2012)?" BOARD MEMBER ROERO REMARKED, "I BELIEVE SO, YES". DEPUTY CITY CLERK BROWN THEN INQUIRED "WHERE WAS THAT IN THOSE MINUTES?" ASSISTANT ATTORNEY LATORRE NOTED, "WE CAN JUST INCLUDE IN THEIR MOTION THAT IF IT IS INCLUDED IN THE MINUTES, IT BE CORRECTED TO REFLECT THAT THERE WERE FOUR (4) MEMBERS THERE INSTEAD OF TWO (2)". VICE CHAIRPERSON FISHER THEN CLARIFIED "IF THE MINUTES STATE THERE WERE TWO (2) PEOPLE THERE, IT WILL BE AMENDED TO FOUR (4)". FURTHER BRIEF COMMENTS FOLLOWED AND ASSISTANT ATTORNEY LATORRE ADDED, "SO, TO THE EXTENT THAT THE CONVERSATION OF THAT DISCUSION IS DETAILED IN THE MINUTES, I THINK THERE IS JUST A CONCERN THAT THEY BE CORRECTED". DEPUTY CITY CLERK BROWN STATED, "I'LL NOTE THAT". CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE 6 OF 23 VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER KELLY: AYE MOTION CARRIED. Note: There was no written reference in the February 21, 2012 Code Enforcement Board Regular Meeting Minutes to the number of Code Enforcement Board Members that attended the referenced City Commission Meeting; thus, there is no change to the February 21, 2012 Code Enforcement Board Regular Meeting Minutes needed. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used ❖❖ AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED IN THE ORDER DOCUMENTED. ❖❖ REPORTS REPORTS 401. Code Enforcement Division The following case was referenced: CASE #11-0027384 Camille Ouckama 203 San Gabriel Court Winter Springs, Florida 32708 Section Chapter 6 No Permit Date Of Service: January 31,2012 Inspector- Christi Flannigan Assistant Attorney Latorre addressed the Code Enforcement Board on this Case and commented that "It was cited under an incorrect code provision so I would ask that the Board make a Motion to Dismiss the Case and pass that Motion". Assistant Attorney Latorre added, "The Owner has obtained the Permit so there is no more Violation". CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE 7 OF 23 "I MOVE THAT WE DISMISS CASE 11-0027384". MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. REPORTS 400. Office Of The City Attorney No Report. REPORTS 402. Office Of The City Clerk Deputy City Clerk Brown reminded the Code Enforcement Board Members about the Board and Committee Appreciation Dinner for Friday, May 11th, 2012 at 6:30 p.m. at Kee Wee Entertainment District. REPORTS 403. Code Enforcement Chairperson Absent. REPORTS 404. Code Enforcement Vice Chairperson No Report was given. REPORTS 405. Code Enforcement Board Members No Report. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE 8 OF 23 PUBLIC INPUT Vice Chairperson Fisher opened "Public Input". No one spoke. Vice Chairperson Fisher closed "Public Input". Deputy City Clerk Brown swore in the Winter Springs Code Enforcement Inspectors who may be providing Testimony during the presentation of the Cases. Related to Agenda Changes, Deputy City Clerk Brown explained that "We will not be hearing `502.11', `502.12', `502.13', and `502.14'. 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 #11-0025025 Scott Roberts 311 South Edgemon Avenue Winter Springs, Florida 32708 IPMC 304.7 Holes In Roof Date of Service: March 31, 2012 Inspector- Christi Flannigan Inspector Flannigan presented the Case and stated "I would like to present into Evidence 'WS-1', which is a CD of the presentations today; I also have `WS-2', Mr. Roberts signed for the Code Board Hearing; `WS-3' is the Affidavit of Posting for Code Board Notice at the property; and `WS-4' is the Notice of Code Violation signed for by Mr. Roberts". CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE 9 OF 23 Continuing, Inspector Flannigan noted "On February 7th, 2011 I observed a large hole in the roof over the garage. Since then, I have observed other holes that in the roof. Notice Violation was mailed February 15th, 2012. Notice was signed for on February, 21st 2012. There are also previous Notices on February 11th, 2011 — that was signed for on March 7th, 2011. Also on August 22nd, 2011 which the Permit expired and there was another Notice of Violation was sent on August 25th, (2011). I have contacted Mr. Roberts and we had our Elder Service — Tracy Fugate (Police Department) — was working with him and she had a roofing company lined up to help assist with the roof. From what I was understanding from Tracy (Fugate), it was refused — they were refused to inspect the property, so they could obtain what kind of materials they were going to need. Notice of Hearing was signed for by Mr. Roberts on April 14th; was also posted at the property on March 30th". Next, Inspector Flannigan presented photographs to the Board as Evidence. Further comments. Inspector Flannigan concluded by saying, "I am still recommending the Owner be given until May 7th to correct and if found in Non-Compliance, a two hundred and fifty dollar ($250.00) a day Fee imposed. Mr. Roberts is here". Inspector Flannigan then asked if Mr. Roberts wanted to address the Code Enforcement Board. Mr. Scott Roberts, 311 South Edgemon Avenue, Winter Springs, Florida: stated, "Everything that Inspector Flannigan is actually true". Mr. Roberts added that he does have a Permit for the roof repairs and commented on some of photographs he referenced. With further discussion, Mr. Roberts stated, "I do have an open Permit and—there are no more open holes, rotted boards on the roof, for any of the pictures that you saw". Vice Chairperson Fisher commented for the Record on photographs provided by Mr. Roberts as Evidence, and noted the numbers were "R1" and"R2". Mr. Roberts remarked that he had spoken with Building Department Staff and noted that he was doing work for both the Code Enforcement Division and the Building Department and did not think that a given date seemed fair. Board Member Wentz asked Mr. Roberts about the original damage and then inquired, "What do think would be a reasonable timeframe to expect to have this done?" Further, Board Member Wentz mentioned that Mr. Roberts would need to work with the Building Inspectors and their schedules, and said to Mr. Roberts, "In your mind, what is going to be a fair date that you want us to consider that you can have this done". Mr. Roberts commented on his personal and financial issues, the work he has been doing, compliance with Building Codes, and options and delays he has been dealing with. Discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE 10 OF 23 As to a date for completion, Mr. Roberts stated, "I would think for this guy here, a June (2012) date, one more month, May 27, (2012), maybe June 271h, (2012). And I'm not saying I'm going to take that long". Further brief discussion followed on the length of this case. Tape 1/Side B Next, Deputy Clerk Brown swore in Captain Deisler. Captain Deisler commented on this Case and the length of time and the size of the job it was and noted, "I have serious safety concerns for this roof. I question whether or not it can hold the weight of anyone who would attempt to work on it. There were safety factors that needed to be taken into consideration by the roofing contractors that necessitated them entry to his yard. They were refused". Discussion followed on resident owners doing work themselves and Permits. Assistant Attorney Latorre explained options the Code Enforcement Board Members had regarding this Case. Further discussion. "I MOVE TO FIND THE RESPONDENT, SCOTT ROBERTS, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL JUNE 19TH, (2012) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS ($250.00) FOR THE FIRST DAY AND TWO HUNDRED FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED". MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER KELLY. DISCUSSION. BOARD MEMBER ROERO ASKED, "IS IT POSSIBLE TO PUT THAT ON THE TABLE AGAIN, WHERE SOMEONE COULD ASSIST HIM WITH THE GUIDANCE OF OFFICER FLANNIGAN TO WORK WITH IT, SO THIS CAN BE ACCOMPLISHED - IT SEEMS LIKE IT IS GOING TO BE OVERBEARING AGAIN. I DON'T KNOW IF WE'RE GOING TO ACCOMPLISH THIS. MAYBE SOMEONE COULD HELP HIM AGAIN AND THIS TIME SOMEONE FOLLOW UP WITH WINTER SPRINGS TO GUIDE THIS ALONG, SO IT CAN WORK". CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE I I OF 23 CAPTAIN DEISLER STATED, "THE SHORT ANSWER IS SIR, I DON'T KNOW. THE COMMON DENOMINATOR STILL IS MR. ROBERTS COOPERATION. I'LL LEAVE IT AT THAT. I CAN CERTAINLY PURSUE THAT OPTION, BUT THAT'S THE BEST I'LL BE ABLE TO DO AT THIS POINT". FOLLOWING, BOARD MEMBER WENTZ ADDRESSED MR. ROBERTS AND POINTED OUT, "I HOPE YOU UNDERSTAND THAT THE BOARD IS CONSIDERING GIVING YOU THIRTY (30) DAYS LONGER THAN WHAT CODE ENFORCEMENT WANTS TO DO AND I WOULD HIGHLY ENCOURAGE YOU TO NOT COME BACK TO THIS BOARD AND ASK FOR ANOTHER EXTENSION". VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. Further brief discussion. PUBLIC HEARINGS-NEW CASES 502.2 Code Enforcement Division—Police Department Not Used PUBLIC HEARINGS-NEW CASES 502.3 Code Enforcement Division—Police Department CASE #12-0027554 Joseph G. Deas 171-177 Lori Anne Lane Winter Springs, Florida 32708 Sec. 13-2. Junk And Debris Sec. 6-195. Fence In Need Of Repair Date Of Service: April 6, 2012 Corporal-Jim Flannigan Corporal Flannigan noted, "I just wanted to clarify some questions that you all are having about these next eight(8) Cases. Joseph Deas owns all eight(8) of these buildings". CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE 12 OF 23 Continuing, Corporal Flannigan added, "These are technically considered different properties, so that's why they are separated at that point. There is some information that I'm going to discuss at the beginning and if the Board does agree with it, because the information is the same on all of them, as far as the posting dates and the notifications, that is all going to be the same. And, if the Board does agree with the next seven (7) Cases, the information that I state at the beginning is going to be consistent with all Cases and we can skip that for the rest of the Cases, if the Board does agree to that". Vice Chairperson Fisher inquired, "Do we need to Vote on that formally?" Assistant Attorney Latorre remarked, "No, as long as there is a Consensus on the Record". Vice Chairperson Fisher asked the Board Members, "Does anyone have any objection to that?" No objections were noted. Corporal Flannigan noted, "Mr. Deas, the Respondent is here this evening and he will be given the opportunity to speak". Continuing with the case, Corporal Flannigan presented for Evidence "`WS-2', which is the Certified letter where he signed, of the original Notice of Code Violation for these Cases. That was back in - February 15th, (2012); and also, the Notification of the Code Board Meeting this evening; along with the posting of the property in here at City Hall of the meeting Agenda Items". Corporal Flannigan added, "These will be consistent for all the cases. I will have different Posting Notices for the other Cases. That I have to do. But the Certified letters were all mailed together". Corporal Flannigan explained, "On February 7, 2012 I observed several Code violations on this property. One of which being the fences on the property, there were slats missing; and sections of the fence on the left side of the building were missing. There was also old junk and debris being stored on the property on the outside, to wit being a dishwasher, old wooden posts, broken bike, tires, and miscellaneous debris in the rear of the building. On February 7th, (2012), Notice of Code Violation was mailed to the Property Owner, Joseph Deas, and he was given ten (10) days to correct the Violation. On February 15th, 2012 the Certified mail was received and signed for by Joseph Deas. On April 3rd, 2012 after re-inspection, and some of the violations were not corrected, Certified mail of the Code Board Hearing was mailed again. He received that on April 6th, (2012) and signed for it. The property was also posted—here at City Hall, with the Code Board Meeting for this evening, April 17th, (2012)". With further comments, Corporal Flannigan showed some photographs of the property and spoke of the guidelines considered and pointed out some of the problems on the property. Corporal Flannigan concluded by saying, "Recommending that a Fine of one hundred dollars ($100.00)per day for each Violation be imposed, if not corrected by May 1St". Brief comments followed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE 13 OF 23 Mr. Joseph Deas, 241 North Edgemon Avenue, Winter Springs, Florida: stated he corrected the problems and hired someone to look after the various properties to make sure there is no debris. Board Member Wentz asked Mr. Deas, "Have you repaired the fence that is in question?" Mr. Deas replied that he had repaired the fence. Vice Chairperson Fisher asked, "Do you have anything to present into Evidence, any photographic Evidence?" Mr. Deas said, "Not on me". Discussion. "I MOVE TO FIND THE RESPONDENT, JOSEPH DEAS, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MAY 1sT, 2012 TO CORRECT THE VIOLATION. IN THE EVENT THE 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 DOLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES, THEREAFTER SHALL BE IMPOSED". MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER KELLY: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.4 Code Enforcement Division—Police Department CASE#12-0027555 Joseph G. Deas 161-167 Lori Anne Lane Winter Springs, Florida 32708 IPMC 304.14 Missing Window Screens IPMC 308.1 Infestation Of Bees Nest Sec. 6-195. Fence In Need Of Repair Sec. 13-2.Junk And Debris Date Of Service: April 6, 2012 Corporal-Jim Flannigan Corporal Flannigan stated, "As I previously stated, the dates of the notifications and everything are the same, with the same information. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE 14 OF 23 Again this is the back of the property. Junk and debris on the back of the property; old tire, different things along the back wall. As you can see, up in the top, you can see in the center of the screen, a bee's nest that's been present on the property. That has been corrected and has been knocked down but they do reoccur on the property. Damage to the fence, as you can see on the property, right in the middle there, that is like a door, an inside door for a house that's being used as part of a fence, it's attached to the fence". Continuing, Corporal Flannigan mentioned other factors related to this Case and stated, "Recommending one hundred dollars ($100.00) a day Fine by May 1St, if Violations are not corrected". Furthermore, Corporal Flannigan stated, "I do have a Notice of Affidavit of Posting, `WS-4' for the property and for the meeting; and `WS-2' and '[WS-P' are the same as what I previously already entered". Mr. Joseph Deas, 241 North Edgemon Avenue, Winter Springs: commented on wanting Corporal Flannigan to come back for a re-inspection. Board Member Calhoun inquired "Has the fence been mended?" Mr. Deas responded that it had not been repaired, as he was unaware that it was a problem. Discussion. "I MOVE TO FIND RESPONDENT, JOSEPH DEAS, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MAY 1ST, 2012 TO CORRECT THE VIOLATION. IN THE EVENT THAT THE 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 WENTZ. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE 15 OF 23 PUBLIC HEARINGS-NEW CASES 502.5 Code Enforcement Division—Police Department CASE#12-0027556 Joseph G. Deas 151-157 Lori Anne Lane Winter Springs, Florida 32708 IPMC 304.14 Missing Window Screens Sec. 6-195. Fence In Need Of Repair Date Of Service: April 6, 2012 Corporal-Jim Flannigan Corporal Flannigan pointed out, "I submit `WS-4' as well for the Notice of posting, Affidavit of Posting. `WS-2' and [`WS-]3' are the same as previously stated". Continuing the discussion on this Case, Corporal Flannigan explained, "Again, you have fence violations, you have the fence, you can see it, it runs up between the apartments in the back there. There are wood planks diagonal that are not to Code, and you can see in the picture that the fence is leaning and is not being properly maintained". Other issues that were not in compliance with the Code were noted by Corporal Flannigan. Board Member Kelly asked Corporal Flannigan, "I assume that prior to the May 1St date on all of these, you will do a re-inspection?" Corporal Flannigan "Yes, Sir - I have walked the entire street with him and pointing out different violations in previous times, and everything, and I did have some complications— I've been in Tallahassee for four (4) weeks for training classes, so I did have some difficulty getting back with him. But, I have talked to him and discussed it with him and we've made arrangements". Vice Chairperson Fisher said to Mr. Deas, "Do you have any Evidence to present at this time? Photographic, invoices, any Evidence to show that these Violations have been addressed?" Mr. Deas commented on a photograph being shown and said he did recall being told he needed window screen(s). Further brief discussion. "I MOVE TO FIND THE RESPONDENT, JOSEPH DEAS, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MAY 1ST TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF A 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 BOARD MEMBER KELLY. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE 16 OF 23 VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.6 Code Enforcement Division—Police Department CASE#12-0027557 Joseph G. Deas 110-116 Lori Anne Lane Winter Springs, Florida 32708 IPMC 304.14 Windows Date Of Service: April 4, 2012 Corporal-Jim Flannigan Vice Chairperson Fisher remarked, "We have submitted into Evidence, the Affidavit of Posting". Corporal Flannigan noted, "Yes, that'd be `WS-4' and again, `WS-2' and `[WS-]3' are the same as previously stated". Corporal Flannigan then reviewed the Codes that were related to this Case and pointed out, "In this picture, you can see this is a side building that's on the second floor; you can see there's a bathroom window that's clearly being propped up by a bottle of shampoo. It's not being able to be held up by the same weight. The same thing on the back side,just insect screens that were missing from the windows. And same thing on this, I'm just recommending a Fine of one hundred dollars ($100.00)by May 1St" Brief discussion followed. Mr. Joseph Deas, 241 North Edgemon Avenue, Winter Springs: said that the bathroom window had been fixed. Vice Chairperson Fisher asked Mr. Deas, "Do you have any photographic Evidence or invoices or physical Evidence that repairs have been made?" Mr. Deas stated, "No". "I MOVE TO FIND MR. DEAS IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MAY 1st TO CORRECT THE VIOLATION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE 17 OF 23 IN THE EVENT THE 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 ROERO. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.7 Code Enforcement Division—Police Department CASE #12-0027558 Joseph G. Deas 130-136 Lori Anne Lane Winter Springs, Florida 32708 IPMC 304.14 Missing Window Screens Sec. 6-195. Fence In Need Of Repair Date Of Service: April 6, 2012 Corporal- Jim Flannigan Corporal Flannigan commented, "You have `WS-4', Notice of Posting and `WS-2' and `WS-3' is what has been previously stated. You can see here on the back side of the property is damage to the fence; there's missing slats along with wood rot that's on the supporting posts". Additional Violations were noted by Corporal Flannigan who then stated, "Recommending a Fine of one hundred dollars ($100.00) a day for a Violation if not corrected by May 1St". Discussion. Vice Chairperson Fisher asked Mr. Deas, "Do you have Evidence to present?" Mr. Joseph Deas, 241 North Edgemon Avenue, Winter Springs: stated, "Yes, that was all fixed". "I MOVE TO FIND MR. DEAS IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MAY 1sT TO CORRECT THE VIOLATION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING--APRIL 17,2012 PAGE 18 OF 23 IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF A HUNDRED DOLLARS ($100.00) FOR THE FIRST DAY AND A HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER, SHALL BE IMPOSED". MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.8 Code Enforcement Division—Police Department CASE #12-0027559 Joseph G. Deas 140-146 Lori Anne Lane Winter Springs, Florida 32708 IPMC 304.14 Missing Window Screens Sec. 6-195. Fence In Need Of Repair Date Of Service: April 6,2012 Corporal-Jim Flannigan Corporal Flannigan commented, "`WS-4' is Notice of Posting for this property in this Case. `WS-2' and '[WS-]3' and `[WS-]1' is the same as the rest of them. What you have here between the properties, you can see the fence slats are missing between the buildings there, also with some debris". Corporal Flannigan then noted, "Recommending a Fine of a hundred dollars ($100.00) a day if not corrected by May 1St". Discussion. Vice Chairperson Fisher asked Mr. Deas, "Do you have Evidence to present?" Mr. Joseph Deas, 241 North Edgemon Avenue, Winter Springs: spoke of not knowing who owned the fence and stated, "The screens were fixed; but I'll fix the fence anyway, because we don't know whose it is". CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—APRIL 17,2012 PAGE 19 OF 23 "I MOVE TO FIND JOSEPH DEAS IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MAY 1sT TO CORRECT THE VIOLATION. IN THE EVENT THE 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 KELLY. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. Tape 2/Side A VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS—NEW CASES 502.9 Code Enforcement Division—Police Department CASE #12-0027560 Joseph G. Deas 160-166 Lori Anne Lane Winter Springs, Florida 32708 Sec. 6-195. Fence In Need Of Repair Date Of Service: April 6,2012 Corporal-Jim Flannigan Corporal Flannigan stated, "I have Evidence - `WS-4' which is the Notice of Posting. `WS-1', `[WS-]2', '[WS-]3' are the same as previously stated. And again, you have these Violations on this property; missing slats and the gates are not properly attached. As you can there, right in the middle, there's these chain link fence posts are not properly attached to the corner pieces like required; that poses a safety hazard". Corporal Flannigan mentioned other aspects of the Case in question and stated, "Recommending a Finding of Fact and Relief, a hundred dollars ($100.00) a day on May 1St" Brief discussion. Vice Chairperson Fisher asked Mr. Deas, "Do you have Testimony? Or do you have Evidence?" Mr. Joseph Deas, 241 North Edgemon Avenue, Winter Springs: stated, "Yes. They've all been corrected on the fence and I think I'll go ahead and put more supports on it". CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE 20 OF 23 "I MOVE TO FIND RESPONDENT, JOSEPH G. DEAS, IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MAY 1ST TO CORRECT THE VIOLATION. IN THE EVENT THE 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 WENTZ. SECONDED BY BOARD MEMBER KELLY. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER CALHOUN: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER KELLY: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.10 Code Enforcement Division—Police Department CASE #12-0027561 Joseph G. Deas 170-176 Lori Anne Lane Winter Springs, Florida 32708 Sec. 6-195. Fence In Need Of Repair Date Of Service: April 6, 2012 Corporal-Jim Flannigan For Evidence, Corporal Flannigan stated, "I have `WS-4' which is the Notice of Posting. `WS-1', and `[WS-]2', and `[WS-]3' are the same as previously stated". Corporal Flannigan reviewed some of the key issues with this and noted, "These were corrected; the slats. Actually, he put new sections up". Corporal Flannigan noted, "Recommending a hundred dollar($100.00) a day Fine if not corrected by May 1St" Vice Chairperson Fisher said to Corporal Flannigan, "You have said he has corrected, substantially the Violation, or just that one (1) section". Corporal Flannigan responded, "That section has been corrected". Continuing, Corporal Flannigan added, "What I am recommending is — more of a Finding of Fact than a Finding of Relief, so for reoccurrence if it does come back before this Board. Vice Chairperson Fisher inquired of Mr. Deas, "Do you have Evidence or Testimony?" CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE 21 OF 23 Mr. Joseph Deas, 241 North Edgemon Avenue, Winter Springs: remarked about people backing into it and had hired someone to check it and "Try my best everyday to looking at it". "I MOVE TO FIND RESPONDENT, JOSEPH DEAS, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MAY 1ST TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF A 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 BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. Mr. Joseph Deas, 241 North Edgemon Avenue, Winter Springs: inquired about how he would know if it had been signed off on. Corporal Flannigan stated, "Like I said — I will get with you again, we'll go back and discuss these matters and we'll go look at them face to face and I'll tell you what needs to be done, as I have in the previous couple of years that we have been going out there; for different Violations and if the Violations are corrected, I can sign off on an Affidavit of Compliance". PUBLIC HEARINGS-NEW CASES 502.11 Code Enforcement Division—Police Department CASE #12-0027580 William Colon,Jr. 414 Holly Court Winter Springs, Florida 32708 Sec. 20-439. Parking In Grass Without Designated Parking Area Date Of Service: April 9, 2012 Inspector- Christi Flannigan The Case was not heard. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2012 PAGE 22 OF 23 PUBLIC HEARINGS-NEW CASES 502.12 Code Enforcement Division—Police Department CASE #12-0027594 Nazanin Boostani 749 Andover Circle Winter Springs, Florida 32708 IPMC 304.7 Weeds Growing In Gutters And Soffits Sec. 13-2. (c) Fruit Tree Is Overgrown Date Of Service: April 9, 2012 Inspector- Christi Flannigan The Case was not brought before the Board. PUBLIC HEARINGS-NEW CASES 502.13 Code Enforcement Division—Police Department CASE #12-0027651 Apple Printing 1255 Belle Avenue #133 Winter Springs, Florida 32708 Sec. 10-26.No Tax Receipt Date Of Service: April 3, 2012 Inspector- Christi Flannigan The Case was not heard. PUBLIC HEARINGS-NEW CASES 502.14 Code Enforcement Division—Police Department CASE #12-0027666 Central FLA Educators Federal Credit Union 212 S. Cortez Ave. Winter Springs, Florida 32708 Sec. 6-217.No Pool Enclosure Date Of Service: April 10, 2012 Inspector- Butch West The Case was not brought before the Board. PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES PUBLIC HEARINGS-NON COMPLIANCE 503.1 Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—APRIL 17,2012 PAGE 23 OF 23 REGULAR AGENDA - PART II REGULAR 604. Not Used PUBLIC INPUT Vice Chairperson Fisher opened "Public Input". No one spoke. Vice Chairperson Fisher closed "Public Input". ADJOURNMENT Vice Chairperson Fisher adjourned the Regular Meeting at 8:42 p.m. RESPECTFULLY SUBMITTED: SEAN : AUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were Approved at the July 17,2012 Code Enforcement Board Regular Meeting.