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HomeMy WebLinkAbout2012 09 18 Consent 201 Requesting Approval of the Code Enforcement Board Regular Meeting Minutes of August 21, 2012 CITY OF WINTER SPRINGS, FLORIDA trari MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 21, 2012 CALL TO ORDER The Regular Meeting of Tuesday, August 21, 2012 of the Code Enforcement Board was called to Order by Chairperson Laura-Leigh Wood at 5:30 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 Laurie Bates Calhoun,present Board Member Carole Giltz,present Board Member Marvin Kelly,present Board Member Gregg Roero, present Board Member Jim Wentz, arrived at 5:35 p.m. Assistant City Attorney Kate Latorre,present Assistant to the City Clerk Sean Beaudet,present Assistant to the City Clerk Cherilyn Taylor, present Brief comments followed on the Board for tonight's Meeting. A moment of silence was held in honor of those fighting for us. The Pledge of Allegiance followed. There were no Agenda changes noted. Assistant to the City Clerk Sean Beaudet swore in those who would be providing Testimony during tonight's Meeting. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 21,2012 1r PAGE2OF23 4=1) CONSENT AGENDA CONSENT iret 200. Not Used i Brief discussion. PUBLIC INPUT Chairperson Wood opened "Public Input". No one spoke. Chairperson Wood closed "Public Input". AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office Of The City Attorney No Report was given. REPORTS 401. Code Enforcement Division No Report. REPORTS 402. Office Of The City Clerk No Report was given. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD rarsa REGULAR MEETING-AUGUST 21,2012 ° "'11111 PAGE 3 OF 23 REPORTS 403. Code Enforcement Chairperson No Report. REPORTS 404. Code Enforcement Vice Chairperson No Report was given. REPORTS 405. Code Enforcement Board Members No Report. Board Member Jim Wentz arrived at approximately 5:35 p.m. Brief comments. 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 CITY OF WINTER SPRINGS,FLORIDA ^ MINUTES 1�� CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 21,2012 PAGE4OF23 PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS-NEW CASES Camila 502.1 Code Enforcement Division—Police Department imetn CASE#12-0027630 Houng Tran 780 Night Owl Lane Winter Springs, Florida 32708 IPMC 303.2 Enclosures Sec. 13-2. (e) Stagnant Water Sec. 6-195. Maintenance Of Fences Or Walls Date Of Service: July 24,2012 Inspector—Christi Flannigan Corporal Jim Flannigan, Code Enforcement Division, Police Department presented the Case and submitted into Evidence, "WS-1", which was a PowerPoint Presentation. Corporal Flannigan also submitted into Evidence "WS-2", "WS-3", "WS-4", "WS-5", "WS-6". Presenting testimony, Corporal Flannigan stated, "On March 26th, 2012, Christi (Inspector Flannigan, Code Enforcement Division, Police Department) met with a neighbor who advised that the pool was stagnant and the screen enclosure was missing screens. Upon inspection the pool was stagnant." Corporal Flannigan then remarked, "The Notice of Violation was signed for on April 7th, 2012 by Dan Lee. The Notice was also Posted at the property on the July 2° , 2012. There was contact with the owner on April 9th, 2012 who advised that he would need more time to fix the issues, he was adding chemicals to the pool to clean the water. There has been no other contact with him." With additional comments, Corporal Flannigan said, "The Notice of the Hearing was mailed July 24th, 2012 and it was delivered on July 26th, 2012. The Notice was also posted on the property on July 24th, 2012." Inspector Christi Flannigan, Code Enforcement Division, Police Department was sworn in by Assistant to the City Clerk Beaudet. Discussion ensued on communications between the property owner and the Code Enforcement Inspector; and whether the fence was secure. Related to this discussion, Vice Chairperson Hugh Fisher said to Inspector Flannigan, "But, it is not secure at the moment?" Inspector Flannigan answered, "Correct." Next, there was discussion on the stagnant pool and Inspector Flannigan noted that the Seminole County Health Department would not treat the pool, as it is a owner-occupied residence. Comments followed on this being a hazard and bugs. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 21,2012 PAGE 5 OF 23 "I MOVE TO FIND THE RESPONDENT, HOUNG TRAN, IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL SEPTEMBER 25, (2012) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THE DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR THE .m FIRST DAY AND TWO HUNDRED AND FIFTY ($250.00) FOR EACH DAY THE VIOLATION CONTINUES, SHALL BE IMPOSED. FURTHER, THE VIOLATION CONSTITUTES A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE. IN THE EVENT THE RESPONDENT DOES NOT CORRECT THE VIOLATION BY THE DATE SET IN THE ORDER, THE CODE INSPECTOR SHALL BE NOTIFIED AND APPROPRIATE ACTION SHALL BE - TAKEN, BY THE CITY, CONSISTANT WITH CHAPTER 162 FLORIDA STATUTES, TO BRING THE PROPERTY INTO COMPLIANCE." MOTION BY BOARD MEMBER ROERO. SECONDED BY VICE CHAIRPERSON FISHER. DISCUSSION. VOTE: CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER KELLY: AYE MOTION CARRIED. Chairperson Wood noted that the Respondent was not present. PUBLIC HEARINGS-NEW CASES 502.2 Code Enforcement Division—Police Department CASE #12-0027639 Theresa And Scott Mandigo 214 South Moss Road Winter Springs,Florida 32708 Sec. 13-2. Trash And Debris Date Of Service: July 24,2012 Inspector—Chris Deisler Inspector Flannigan stated that she would be presenting for Captain Chris Deisler, Police Department. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 21,2012 PAGE6OF23 Continuing, Inspector Flannigan commented, "I would like to present into Evidence, `WS-2', which is the Certified Return Receipt for the Notice of Code Violation; `WS-3' is the Affidavit of Posting for the Code Violation; `WS-4' is the Affidavit of Posting for the Code Board Hearing; `WS-5' is the delivery notice from the United States Post Office; `WS-6' is the return envelope for the Notice of Code Board Hearing." .— Inspector Flannigan then stated, "On March 28, 2012 Captain Deisler saw that this property contained extensive debris stored at the front door area of the home. The condition poses a safety hazard for the occupants in an emergency. Notice of Violation was delivered on April 17th, 2012 and was returned undeliverable. The Notice of Violation was Posted at the property on May 16th, 2012. There's been no contact with either owner, related to this Case. The Notice of Hearing was mailed July 24th, 2012, was returned unclaimed. The property was Posted on July 20th, 2012 by myself." Discussion followed on what was shown in some photographs - debris at the front door of the home. Inspector Flannigan noted, "As of today, whenever I drove by, it was cleaned up. Up until today, I haven't seen it being remedied." Chairperson Wood then asked, "Today, what did you see when you drove by?" Inspector Flannigan replied, "Today, whenever I went by there, everything was cleared out of the way and the trash can was moved off, not blocking the doorway." Furthermore, Inspector Flannigan stated, "Captain Deisler is recommending the owner of this property be cited a Code Violation; give them ten (10) days to comply; and a hundred dollars ($100.00) a day Fine be imposed if the property is found in Non-Compliance. To modify this on behalf of Captain Deisler, I would like to recommend a Finding of Fact. We've had other extensive history at this address in regards to some issues. If we could just get a Finding of Fact for the `Junk And Debris'." Discussion followed on the reference to Violations. "I MOVE TO FIND THAT THE RESPONDENT VIOLATED THE CITY CODE AND FAILED TO CORRECT THE VIOLATION BY THE TIME SPECIFIED FOR CORRECTION BY THE CODE INSPECTOR; THAT THE VIOLATION IS CURRENTLY CORRECTED; AND THAT NO FINE BE IMPOSED. ANY SUBSEQUENT VIOLATION OF THE SAME CITY CODE PROVISION BY THE RESPONDENT WITHIN FIVE (5) YEARS FROM THE DATE OF THIS ORDER SHALL BE CONSIDERED A REPEAT VIOLATION, FOR WHICH A FINE OF UP TO FIVE HUNDRED DOLLARS ($500.00) PER DAY MAY BE IMPOSED." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 21,2012 PAGE 7 OF 23 yam. VOTE: VICE CHAIRPERSON FISHER: AYE 1 BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE t---�r•� BOARD MEMBER ROERO: AYE BOARD MEMBER KELLY: AYE CHAIRPERSON WOOD: AYE MOTION CARRIED. Chairperson Wood remarked for the Record the Respondent was not present. PUBLIC HEARINGS-NEW CASES 502.3 Code Enforcement Division—Police Department CASE#12-0027649 Daniel White 45 South Edgemon Avenue Winter Springs, Florida 32708 Sec. 13-2. (b) Junk And Debris Sec. 6-195. Maintenance Of Fences Or Walls Date Of Service: July 19,2012 Inspector—Chris Deisler Inspector Butch West, Code Enforcement Division, Police Department began by stating that he would be presenting on behalf of Captain Deisler and noted, "On March 29, 2012 Captain Deisler saw this property contained extensive debris and junk, including tires and chunks of concrete. The fence also has areas of falling sections and broken slats. A Notice of Code Violation was delivered on April 19th, 2012 and was received by Deanna Edenfield. A Notice of Hearing was mailed on July 19th, 2012. The property was Posted on July 20th, 2012 by Code Enforcement Officer Christi Flannigan. There has been no contact with the owner related to this Case." Continuing with the presentation, Inspector West showed photographs of the Violations with references to the respective dates, as applicable. Inspector West then stated, "Captain Deisler has recommended the Board find the owner of this property in Violation of the cited Codes and give him ten (10) days to comply. Since 2006, this resident has logged forty-six (46) Code Enforcement Cases. He is recommending a two hundred and fifty dollar ($250.00) per day Fine be imposed, if the property is found in Non-Compliance, retroactive to today." Continuing, Evidence that was presented was noted as `WS-2', `WS-3', and `WS-4' and "WS-5". CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 21,2012 PAGE 8 OF 23 0jB1 ° Chairperson Wood asked, "Is the Respondent here?" It was mentioned that the Respondent was not present. .•4 Corporal Flannigan added, "On the last page, where it says the previous Violations - if everybody could just overlook that, that shouldn't have been in there. Chairperson Wood asked Corporal Flannigan to further explain to which Corporal Flannigan stated, "Everything in the past, is in the past. We're here to present what you all just saw." Chairperson Wood followed by saying, "We are going to strike that from the Record." Corporal Flannigan agreed. Discussion followed on the owner or occupant of the house. "I MOVE TO FIND THE RESPONDENT, DANIEL WHITE, IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL AUGUST 31ST,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 THERAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER KELLY: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE MOTION CARRIED. ❖❖ AGENDA NOTE: DIFFERENT INFORMATION APPLIES TO THE NEXT AGENDA ITEM AS NOTED IN THE DISCUSSION OF THE CASE, FOLLOWED BY THE REST OF THE AGENDA. ❖❖ CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD cam— REGULAR MEETING—AUGUST 21,2012 e----� PAGE 9 OF 23 PUBLIC HEARINGS-NEW CASES PUBLIC HEARINGS—NEW CASES 502.4 Code Enforcement Division—Police Department CASE #12-0027758 - ° Michelle and John Weiss 1125 Ermine Avenue Winter Springs, Florida 32708 Sec. 13-2. Trash And Debris Sec. 13-2. (c) Overgrown Sec. 13-2. (e) Stagnant Pool Sec. 6-217. Enclosure Required IPMC 304.2 Protective Treatment IPMC 304.7 Roofs And Drainage Date Of Service: July 24,2012 Inspector—Christi Flannigan Chairperson Wood said to Inspector Flannigan, "I have got Section 13-2. [(c)] Overgrown. Did you say that? And also, I have got, IPMC [304.7] Roofs and Drainage on this." Inspector Flannigan responded, "The Overgrown was corrected." Chairperson Wood noted, "We will cross through that. What about the Roofs and Drainage?" Inspector Flannigan remarked, "Actually, the Roofs and Drainage can be struck from the Record. They did remove the issue from that." Continuing with the presentation, Inspector Flannigan commented, "I would like to present into Evidence `WS-2', which is the United States Post Office print-out for the Notice of Code Violation being delivered; `WS-3' is the Notice of Code Violation, Returned Receipt which was signed for; `WS-4' is the Affidavit of Posting for Notice of Code Violation; `WS-5' is the United States Post Office delivery for Code Board Notification, `WS-6' is Affidavit of Posting for the Code Board Notice. "On April 30th, 2012 I met with a neighbor in regards to this address having a stagnant pool and the fence was falling. The paint has faded off the sides of the house. The gutters, at that time, were full of leaves and sagging. Since then,the gutters have been removed. The Notice of Violation was mailed on May 9th, 2012 and returned unclaimed. Another Notice was mailed on May 17th, 2012. Accordingly to the United States Postal Service website, it was delivered on May 18th, 2012." Continuing, Inspector Flannigan added, "A third Notice was mailed on June 5th, (2012) and was delivered on June 7th, (2012) and signed for by John Weiss. The Notice was also Posted at the property on June 6th, 2012 by myself CITY OF WINTER SPRINGS,FLORIDA MINUTES �-�-y CODE ENFORCEMENT BOARD pow REGULAR MEETING-AUGUST 21,2012 PAGE 10 OF 23 There has been no contact with the owner of the property at all. Notice of Hearing was mailed on July 24th, 2012 and according to the United State Post Office website, it was delivered on July 25th, (2012). The Notice of Hearing was also posted at the property on July 24th, (2012)by myself.",�.. Continuing with the presentation, Inspector Flannigan showed photographs of the Violations and pointed out, "The pool being stagnant had been corrected recently." With further comments on the fence being the only pool enclosure, fencing, and wood replacement for the removed gutters, Inspector Flannigan stated, "I am recommending the owner be given until September 14th, (2012) to correct the Violations. If found in Non-Compliance, a Fine of two hundred dollars ($200.00) a day be imposed, retroactive to today's date." Brief discussion. Mr. John Wess, 1125 Ermine Avenue, Winter Springs, Florida: noted his last name is Wess, and Chairperson Wood stated, "We will strike that i', it is Wess." Continuing, Mr. Wess mentioned some personal matters and stated, "My intention is to repair all of this." Continuing, Mr. Wess remarked, "I took the gutters down, my intention is to not replace the gutters, but to paint the protective coating around the house - but my intention was to paint the entire house." Chairperson Wood asked Mr. Wess, "When do you think you would be able to paint the area where the gutters had been removed and the side..." Mr. Wess responded by saying, "...If I can just do the gutters, then I can do that, both like this coming weekend; so, if you give me a week, two (2) weeks, then I could have the gutters done, that protective coating done." Chairperson Wood then stated, "So, you are saying in seven (7) days, you would be able to do the area." Chairperson Wood added, "Seven (7) days for where the gutters were..." Mr. Wess noted, "...The fascia..." Chairperson Wood said, "...That would be for the protective treatment and staying on the protective treatment — the area that we looked at, the left side of the house, would you think that would include that seven (7) days?" Mr. Wess remarked, "My issue there is that if I paint that,just the wood, then the rest of the house is going to be old paint; so, I want to do the whole house. So, if I could have more time than seven(7) days." Further comments followed. Discussion followed on Mr. Wess' personal situation, concern with access to the pool, and the gate. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—AUGUST 21,2012 PAGE 11 OF 23 Related to access to the pool, Inspector Flannigan elaborated, "The issue - with the pool is the gate is open and it has to be closed at all times; it has to have some kind of locking mechanism that is up high enough, where a little kid can't get into it. It's a safety issue." Inspector Flannigan then stated, "For the Record, however long you need to fix it, I do ~� not have a problem with that at all. We're willing to work with you on it; so, if you want to give us a time or even an idea of how long it will take you, we can enter the Order, and there won't be a Lien or anything like that placed at this time. It will just tell you that by this time you need to fix it and if it's not corrected,then we would come back to the Code Board and then we would impose a Lien, at that time." Tape 1/Side B Discussion. Inspector Flannigan said, "If it's okay with the Board, I'd like to Table this for another month." Chairperson Wood stated, "I am going to speak on behalf of this great Board, the City of Winter Springs wants us to work with everyone — all of our citizens; so, we actually are excited about this and we thank you." "I MOVE TO POSTPONE THE CASE TO THE DATE OF SEPTEMBER 18TH, (2012) CODE ENFORCEMENT BOARD MEETING OR TO THE NEXT REGULARLY SCHEDULED CODE ENFORCEMENT BOARD MEETING." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER KELLY: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. Chairperson Wood said to Mr. Wess, "We just want to thank you very much on behalf of all the Board Members,the Vice Chair and myself, for coming in this evening." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD rairsai REGULAR MEETING-AUGUST 21,2012 PAGE 12 OF 23 PUBLIC HEARINGS-NEW CASES 502.5 Code Enforcement Division—Police Department CASE #12-0027878 CM./ Jill Reichert 201 Bennett Street Winter Springs, Florida 32708 Sec. 6-195. Maintenance Of Fences Or Walls IPMC 304.2 Protective Treatment IPMC 304.15 Doors Date Of Service: July 24,2012 Inspector—Christi Flannigan Inspector Flannigan submitted into Evidence, "`WS-2' which is the return envelope for the Notice of Code Violation; `WS-3' is the Affidavit of Posting for the Notice of Code Violation; `WS-4' is the return envelope for the Code Board Hearing; `WS-5' is a Code Board Affidavit of Posting. On April 2nd, 2012, I observed the fence had a large section that was missing to the left of the house. There is also some crack and holes in the exterior walls of the structure near the front door; and the converted garage area. The converted garage area has a regular, like an interior door that's attached, it does not lock; it is not weather tight and is consistently open. The Notice of Violation was mailed on June 5th, 2012 and returned as not-deliverable, and unable to forward. The Notice was also Posted at the property on July 5th, 2012 and on July 10th, 2012 by myself. There's been no contact with the owner. I did speak with the son, Bruce, on July 10th, (2012). He called and advised that his brother was living there and he left the house in the condition that it was in. He was advised that the house needed to be secured and that the fence needed to be repaired, along with patching up the holes that are on the exterior of the walls. He said he would take care of the issues. As of today, there has been no work done at this time. The Notice of Hearing was mailed on July 24th, 2012 and according to United States Post Office website, the Notice was left on July 25th, (2012). Notice of Hearing was also Posted at the property on July 24th, 2012 by myself, C. Flannigan." Continuing, Inspector Flannigan showed photographs of the fence and explained the various Violations; and then stated, "In regards to this Case, I'm recommending the owner be given until September 21st, (2012) to correct the Violations and if found in Non-Compliance, a two hundred dollar ($200.00) a day Fine be imposed, retroactive to today." Discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES I CODE ENFORCEMENT BOARD , REGULAR MEETING-AUGUST 21,2012 PAGE 13 OF 23 '" "I MOVE TO FIND THE RESPONDENT, JILL REICHERT, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL SEPTEMBER 21ST, (2012) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED DOLLARS ($200.00) FOR THE FIRST DAY, AND TWO HUNDRED DOLLARS ($200.00) FOR EACH DAY THE VIOLATION CONTINUES THERAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER KELLY. DISCUSSION. Chairperson Wood asked, "Is the Respondent present?" Inspector Flannigan stated, "Not that I'm aware of. No." Chairperson Wood added, "Please let the Record reflect that the Respondent was not present." VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER KELLY: AYE CHAIRPERSON WOOD: 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 #12-0027927 Lindsey Hall 290 Tavestock Loop Winter Springs,Florida 32708 Sec. 6-195. Maintenance Of Fences Or Walls Date Of Service: July 24,2012 Inspector—Christi Flannigan Inspector Flannigan advised those in attendance, "I'd like to present into Evidence, "`WS-2', which is the return envelope for the notice of code violation; `WS-3', is the Affidavit of Posting for the Notice of Code Violation; `WS-4' is the Affidavit for Code Board Hearing; `WS-5' is the United States Post Office delivery notification from the website. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 21,2012 PAGE 14 OF 23 On June 7th, 2012 I observed the fence has a large section missing to the right of the house. The Notice of Violation was mailed on June 14th, (2012) and returned unclaimed. The Notice was also Posted at the property on July 5th, 2012 and on July 10th, 2012 by C. Flannigan." '°' Chairperson Wood inquired, "So, it was mailed to a P.O. (Post Office) Box? Where did =� you get that address?" Inspector Flannigan replied, "The Property Appraiser." Continuing with the Case, Inspector Flannigan stated, "The owner called and left a message on August 16th, 2012 to advise that she'd just received the Notices and could not get the Violation fixed by the Hearing Date. I returned her call and left a message on the recorder. I have not heard from her since. The Notice of Hearing was mailed on July 24th, 2012 and according to United States Post Office website - the Notice was left on July 251h, 2012. The Notice of Hearing was Posted at the property on July 24th, 2012 by myself, Christi Flannigan." Following, Inspector Flannigan commented on some photographs related to this Case and then remarked, "In regards to this Case, I am recommending that the owner be given until September 14th, 2012 to correct the Violations, and if found in Non-Compliance, a Fine of fifty dollars ($50.00) a day be imposed, retroactive to August 21St, 2012." Discussion. Ms. Lindsey Hall, Post Office Box 196933, Winter Springs, Florida: stated, "I do not live at the property currently." Further, Ms. Hall commented on not always being able to get to the Post Office and related to the gate said, "It is a gate and it is with two (2) latches and when the lawnmower guys come in to mow the yard, they're not always careful with it and I do not get by the property all the time because I don't live there. If I'm given some sufficient time, I left Ms. Flannigan a message last week, I've got someone that should be looking at it this weekend to hopefully get it fixed." Chairperson Wood thanked Ms. Hall for attending this evening's Meeting and asked Staff if something could be worked out, to which Inspector Flannigan agreed. Discussion followed on what the proposed repairs might entail and a possible date for completion. As to an appropriate course of action, Assistant City Attorney Kate Latorre suggested, "We could make a Finding that there's a Violation; give the property owner thirty (30) days to correct the Violation, or until the next meeting; and then at the next Meeting, you can report back whether she is in Compliance or not. If for whatever reason she needs more time, the Board can consider that. But, then in that case, we have a ruling on the Case and you can still in the meantime, work with the property owner." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD �-- -y REGULAR MEETING-AUGUST 21,2012 PAGE 15 OF 23 Discussion ensued on possible procedures going forward. Chairperson Wood then asked czt Ms. Hall, "Would a month be enough time or would you need longer than that?" Ms. Hall stated, "A month is fine." Assistant City Attorney Latorre said to Ms. Hall, "You would have to contact Christi (Flannigan) or one of the other Code Officers and let them know that it's been corrected and then they would have to confirm Compliance; and if Compliance is confirmed before the next Meeting, before your noticing for the next Meeting, you don't even have to bring it back." Assistant City Attorney Latorre added, "You would have a Board Order with a Fine and everything, but it would not be recorded. It would not become a Lien, unless she doesn't correct the problem." "I MOVE TO FIND THE RESPONDENT, LINDSEY HALL, IN VIOLATION THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN THIRTY (30) DAYS TO CORRECT THE VIOLATION..." ASSISTANT CITY ATTORNEY LATORRE NOTED, "...THE NEXT MEETING IS FINE..." BOARD MEMBER GILTZ CONTINUED "...OR THE NEXT MEETING - SEPTEMBER 18TH, (2012)." MOTION BY BOARD MEMBER GILTZ. ASSISTANT CITY ATTORNEY LATORRE ASKED INSPECTOR FLANNIGAN, "DID YOU RECOMMEND A FINE IN THE EVENT THAT IT IS NOT CORRECTED?" INSPECTOR FLANNIGAN NODDED IN AGREEMENT. BOARD MEMBER GILTZ CONTINUED WITH HER MOTION AND SAID, "IN THE EVENT THE RESPONDENT FAILS TO COMPY BY THIS DATE, A FINE IN THE AMOUNT OF FIFTY DOLLARS ($50.00) FOR THE FIRST DAY AND FIFTY DOLLARS ($50.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER KELLY: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. Chairperson Wood said to Ms. Hall, "Do you understand what went on this evening..." Ms. Hall responded, "...Yes I do. Thank you for your help." Chairperson Wood then thanked Ms. Hall for attending this evening's Meeting. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 21,2012 PAGE 16 OF 23 •' 4.4. AGENDA NOTE: DIFFERENT INFORMATION APPLIES TO THE .-a NEXT AGENDA ITEM AS NOTED IN THE DISCUSSION OF THE CASE, FOLLOWED BY THE REST OF THE AGENDA. ❖❖ PUBLIC HEARINGS-NEW CASES PUBLIC HEARINGS-NEW CASES 502.7 Code Enforcement Division—Police Department CASE #12-0027970 Max And Kimberly K. Taylor 635 Dolphin Road Winter Springs,Florida 32708 Sec. 13-2. (c) Stagnant Pool Date Of Service: August 2,2012 Inspector—Butch West Inspector West noted, "I'd like to present the Evidence if I could - `WS-2', which is the Certified Receipt for the Notice of Code Violation; `WS-3', is the tracking and confirmation showing delivery of that through the U.S. (United States) postal system; `WS-4' will be the Certified Receipt for the Notice of Board Hearing; `WS-5' will be the tracking and confirmation from the Post Office showing an attempt was made to deliver on August 3`d, (2012) - I have not gotten that back; and - `WS-6' is the Affidavit of Posting at the property for the Notice of Code Board Hearing. On June the 20th, 2012 I received an email complaint of several Violations at this property. One of which was a stagnant pool. On arrival at the property, I found that I could not observe the pool area from the street. I made contact with the resident of the house who advised that she was a tenant. I issued Notices for the Violations I could see and I provided my business card with a note for the homeowner to contact me about the pool complaint. On June the 27th, 2012, Captain Deisler advised me that he'd received another email complaint about the pool, which included permission from the resident of 633 Dolphin (Road) to enter his property in order to observe the pool at 635 Dolphin (Road). From this property, Captain Deisler had been able to confirm that the pool was stagnant. On June the 28th, 2012, I posted a Notice of Violation on the front door for the stagnant pool. I also included another note and another business card, asking the homeowner to contact me about the pool, and advising that it was an urgent matter. On July the 12th, 2012, I still had not heard from the owner. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 21,2012 PAGE 17 OF 23 I did some research and located a phone number from a previous contact that the Police Department had with Ms. Taylor on another matter. I was able to make contact with Ms. Taylor at that number and explained the reason for my call and asked if she'd corrected the Violation. After considerable amount of discussion, she finally agreed to meet me at the property that day to discuss the Violation. On that same day, July the 12th, it should read `2012' - Lieutenant Baker and I met with Ms. Taylor at the property. Ms. Taylor stated that she had treated the pool with chemicals, but the pump was not working. I explained that the pump would have to be functioning — water circulating to be in Compliance. Ms. Taylor said she did not intend to repair the pump. I advised Ms. Taylor that the property would have to be brought into Compliance in ten (10) days, or I would be forced to refer this Case to a Code Board Hearing. On July the 23rd, 2012 having heard nothing more from Ms. Taylor, I mailed a formal Notice - Code Board Violation by Certified mail as well as by regular First Class mail. This Notice allowed seven (7) days — from receipt of the letter to correct the Violation and notify Code Enforcement, so the property could be re-inspected. According to Postal Service records, the Notice of Code Violation was delivered on August the 2", 2012. I have since been unable to re-inspect the property to confirm that the Violation has, or has not been corrected and I've not heard anything from Ms. Taylor since. I'm recommending the Board find the owners of this property in violation of the cited Code and give them ten(10) days to comply. I'm recommending a two hundred and fifty dollar ($250.00) per day Fine be imposed, if the property is found in Non-Compliance; and that the Fine be retroactive to today." Ms. Kimberly K Taylor, 635 Dolphin Road, Winter Springs, Florida: mentioned her name was Kimberly `K.' Taylor, instead of Kimberly `J.' Taylor. Chairperson Wood noted the change. Ms. Taylor spoke of some issues she had with what was stated earlier during this Case and commented on the method that Inspector West used to contact her along with other issues. Chairperson Wood inquired "So, how is the situation with the stagnant pool right now?" Ms. Taylor replied, "I have a picture of it right now on my phone; it is empty. There's no rainwater." Corporal Flannigan stated, "If she is stating the pool has been drained, I'd just recommend that Inspector West look at it to confirm that it is — the picture that you have." 1 CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 21,2012 rsaat PAGE 18 OF 23 °Chairperson Wood asked about stagnant pools, and if they also need to be covered. Inspector West explained, "The issue with draining the pool and not covering it, is that the first time you have a rain, you're right back to the stagnant water problem, unless you drain it every day after it rains." Inspector West added, "I would recommend that it be covered, if it's going to be emptied." � a Discussion followed on stagnant pools, and continued issues. Ms. Taylor noted, "I have a repair agreement, the pool was drained a hundred percent (100%) — so that it could be given an acid wash; so that within the week it can be refilled, and the pump will start working. They're going to repair the pump also." Further comments followed on efforts that Ms. Taylor had made to contact the City. Chairperson Wood stated, "I would suggest that you bring in your documents showing how you have documented it, when you have spoken to him, what time you have spoken to him -you could present that to us." In regards to correcting the stagnant pool situation, Chairperson Wood asked Ms. Taylor, "What time period do you think it will be completed?" Mrs. Taylor stated, "It's supposed to be completed this week, but if you give me thirty (30) days like you have everyone else, that would be perfect." Ms. Taylor added that she would be interested in attending the next Code Enforcement Board Meeting and questioned the posting of her Case. Related to the Evidence in this Case, Inspector Flannigan pointed out, "This is the Affidavit of Posting — Posting the property at 635 Dolphin Road, with a Notice of Code Board Hearing on August 4t', 2012 by (Inspector) Butch West and he also posted it at City Hall." Further comments. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL SEPTEMBER 18TH, (2012) - TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR THE FIRST DAY AND TWO HUNDRED AND FIFTY [DOLLARS] ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER, SHALL BE IMPOSED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 21,2012 PAGE 19 OF 23 FURTHER, THE VIOLATION CONSTITUTES A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE; AND IN THE EVENT THE RESPONDENT DOES NOT CORRECT THE VIOLATION BY THE DATE SET IN THIS ORDER, THE CODE INSPECTOR SHALL BE NOTIFIED AND APPROPRIATE ACTION SHALL BE TAKEN BY THE CITY, CONSISTANT WITH CHAPTER 162, FLORIDA STATUTES TO BRING THE PROPERTY INTO COMPLIANCE." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. BOARD MEMBER WENTZ STATED, "I WOULD RATHER JUST HAVE IT BE POSTPONED, INSTEAD IT WOULD NOT BE A FINDING OF FACT." CHAIRPERSON WOOD REMARKED, "IF WE POSTPONE IT, THEN SHE HAS TO COME BACK IN AND IT HAS GOT TO BE HEARD AGAIN. IF IT IS A FINDING OF FACT,THEN IT DOES NOT HAVE TO BE..." BOARD MEMBER WENTZ INQUIRED "...DOESN'T IT GO ON RECORD THEN IF THERE IS ANOTHER VIOLATION OF ANY KIND; THAT THEY START KICKING IN IMMEDIATELY?" ASSISTANT CITY ATTORNEY LATORRE NOTED, "IF IT'S THE SAME VIOLATION FROM THE SAME PROPERTY OWNER, IT WOULD BE A REPEAT VIOLATION; THAT IS CORRECT." CHAIRPERSON WOOD STATED, "I THINK THE ISSUE ON THIS ONE IS THAT IT IS A POOL INVOLVED AND THERE IS A STAGNANT POOL; AND WE ARE IN A RAINY SEASON." VOTE: BOARD MEMBER KELLY: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: NAY BOARD MEMBER ROERO: AYE MOTION CARRIED. Summarizing the direction, Assistant City Attorney Latorre said to Ms. Taylor that when her pool situation is corrected, "You just need to contact somebody in the Code Enforcement department and have them come confirm that it's fixed; and then you won't even have to come back." Further brief comments. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 21,2012 cgvai PAGE 20 OF 23 ❖❖ AGENDA NOTE: DIFFERENT INFORMATION APPLIES TO THE NEXT AGENDA ITEM/CASE, FOLLOWED BY THE REST OF THE AGENDA. •:••:• PUBLIC HEARINGS AGENDA- NON-COMPLIANCE CASES PUBLIC HEARINGS-NON COMPLIANCE 503.1 Code Enforcement Division—Police Department CASE #11-0027365 Joan Dye 644 Silver Creek Drive Winter Springs, Florida 32708 IPMC 304.6 Exterior Walls Original Hearing Date: February 15, 2012 Date Of Service: July 26,2012 Inspector-Jim Flannigan Corporal Flannigan presented this Case and related to Evidence pointed out, "I do have Affidavit of Posting which is `WS-2' on the property and here at City Hall; and `WS-3' which is confirmation from the Post Office that the Notice of tonight's Hearing was delivered." Vice Chairperson Fisher inquired about the Original Hearing Date listed on the Agenda being February 15, 2012. Corporal Flannigan clarified it "Should be the 21st (February 2012) -when the Meeting was." Continuing, Corporal Flannigan stated, "One of the Violations that it was cited for was missing sections of the exterior wall around the chimney area. The owner, who was not present, was notified via Certified Mail that there was a Violation and given a correction date of March 1St, 2012 to correct - if not, there would be a hundred dollar ($100.00) a day Fine imposed. As of today, August 21st, 2012,there's been no corrective action done on this Violation. I routinely checked the Violation and observed that action has not been taken; and currently there are weeds growing up on the side of the house, growing into the holes that are on the chimney, that was originally one it was cited for. Certified Mail was sent for the Code Board and was delivered on July 31St, 2012." Photographs were shown with further comments. Corporal Flannigan then said, "I'm requesting the original Order be entered as a Lien." Further comments followed on wood rot. Tape 2/Side A CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 21,2012 PAGE 21 OF 23 Continuing, Corporal Flannigan remarked, "We want the Lien to be filed as originally Approved by the Board — and Ordered by the Board." With comments on whether a dollar amount needed to be included, Corporal Flannigan explained, "You just need to approve that the Lien needs to be filed..." Chairperson Wood noted, "...So, it was already taken care of before." Assistant City Attorney Latorre pointed out, "The dollar amount was established during the initial Hearing, it was one hundred dollars ($100.00) a day. "I MOVE TO FIND THE PROPERTY OF JOAN DYE IN NON-COMPLIANCE AND THAT THE PENALTY SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CHAIRPERSON WOOD NOTED FOR THE RECORD, "THE RESPONDENT WAS NOT PRESENT." VOTE: CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER KELLY: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES 503.2 Code Enforcement Division—Police Department CASE #11-0027259 Jaimi M. And Gregory Putzke 707 Sybilwood Circle Winter Springs, Florida 32708 Sec. 13-2. (b) Junk And Debris Sec. 13-2. (c) Stagnant Pool Original Hearing Date: January 17, 2012 Date Of Service: July 26,2012 Inspector-Jim Flannigan Introducing this Case, Corporal Flannigan stated that for Evidence, "I have `WS-2' which is the Affidavit of Posting on the property; and `WS-3' which is United States Postal Service tracking that it was delivered. I also have `WS-4' which is another Post Office confirmation of delivery for both owners of the house. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 21,2012 PAGE 22 OF 23 Again, this Case was originally presented to the Code Board on January 17th, 2012. The ,+1 pool was found stagnant with no running pump observed. The owner was not present, a was notified via Certified Mail and given a date to correct the Violation of March 1St, -a 2012. If the Violation was not corrected, a two hundred and - fifty dollar ($250.00) per '" day Fine was imposed by the Board. As of today, August 21st, 2012, there has been no corrective action done with this Violation. I have routinely checked the Violation; observed that no action has been taken to correct the Violation. The Notice of Code Board Hearing was Certified Mail and it was delivered on July 27th, 2012." Related to this Case, photographs were shown and Corporal Flannigan mentioned, "I have had no contact with the owner of the property or anybody who does live at the house. As of today, August 21St, (2012), there's been no corrective action observed to fix the pool. I'm requesting that the original Order be entered as a Lien." Brief comments. "I MOVE TO FIND THE PROPERTY IN NON-COMPLIANCE AND THAT THE PENALTY SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER ROERO. SECONDED BY VICE CHAIRPERSON FISHER. DISCUSSION. CHAIRPERSON WOOD NOTED FOR THE RECORD, "THE RESPONDENT WAS NOT PRESENT." VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER KELLY: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—AUGUST 21,2012 roarga PAGE23OF23 PUBLIC INPUT Chairperson Wood opened "Public Input". No one addressed the Board. = Chairperson Wood opened "Public Input". Corporal Flannigan briefly addressed the Board Members regarding training he had been taking out of the area. ADJOURNMENT Chairperson Wood Adjourned the Regular Meeting at 7:13 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-L UACES, MMC, CITY CLERK AND SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were Approved at the ,2012 Code Enforcement Board Regular Meeting.