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HomeMy WebLinkAbout2012 09 18 Consent 200 Requesting Approval of the Code Enforcement Board Regular Meeting Minutes of July 17, 2012 CITY OF WINTER SPRINGS, FLORIDA MINUTES 11=1 CODE ENFORCEMENT BOARD REGULAR MEETING JULY 17, 2012 CALL TO ORDER The Regular Meeting of Tuesday, July 17, 2012 of the Code Enforcement Board was called to Order by Chairperson Laura-Leigh Wood 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, 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, present Assistant City Attorney Kate Latorre,present Assistant to the City Clerk Sean Beaudet, present Assistant to the City Clerk Cherilyn Taylor,present Chairperson Wood noted for the Record that there were no absences. A moment of silence was held in honor for those who have fought for us. The Pledge of Allegiance followed. Brief discussion followed on Agenda Changes. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 17,2012 PAGE 2 OF 22 CONSENT AGENDA C3) CONSENT 200. Office Of The City Clerk Requesting Approval Of The April 17, 2012 Code Enforcement Board Regular G3_4 Meeting Minutes. Chairperson Wood asked, "Do I have a Motion for the Approval of the Minutes for April 17th, 2012 Code Enforcement Board Regular Meeting Minutes?" "SO MOVED." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER ROERO. 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. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office Of The City Attorney No Report. REPORTS 401. Code Enforcement Division Captain Chris Deisler, Code Enforcement Division Police Department mentioned that Agenda Items "502.1" and "502.2" on this Agenda would be heard at the August Code Enforcement Board Meeting. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 17,2012 PAGE3OF22 C Next, Captain Deisler addressed some minor procedural changes related to Code Enforcement Board Meetings and some efficiencies being put into place, beginning with the Meeting and noted, "We're going to start reading our own Cases into the Record. Whereas you may recall, the City Clerk's Representative was tasked with reading the Cases into the Record, line by line at that beginning slide. Well, you're now going to see our Officers doing that." So, that will allow the City Clerk's personnel to keep their attention focused where it needs to be, to make sure they're getting an accurate representation of your Meeting Minutes for you and also just — let our Officer's flow right into their Case presentations." Next, Captain Deisler asked if the Code Enforcement Board Members would like to consider a change to the start time of these meetings and remarked, "Certainly you know, we're here for you folks and we'll be here with whatever time you need us." Chairperson Wood inquired, "What are you recommending as a start time?" With further comments, Captain Deisler suggested, "The absolute earliest would be 5:30 (p.m.)". Assistant City Attorney Kate Latorre and said, "It is not up to me, I will be here whenever." Chairperson Wood then began asking the Board Members for their input. Board Member Gregory Roero said, "5:30 or 6:00." Vice Chairperson Hugh Fisher responded, "I think I could do that." Chairperson Wood noted, "5:30 would work for me as well." Board Member Jim Wentz remarked, "5:30 is fine, that is a little close; but I would prefer 6:00, but I can make 5:30. Hearing no objections, Chairperson Wood summarized, "Let's do 5:30 (p.m.)." Further comments. Discussion followed on the availability of Respondents to attend, and Board Member Wentz noted his concern that Respondents who do not work in Winter Springs may not be able to be present at a Code Enforcement Board meeting at the new start time. Chairperson Wood then said to Captain Deisler "Would you not speak to that, individually, with the folks if they were not able to?" Captain Deisler responded, "Certainly. We will do whatever we can to accommodate them. I would just remind you all that the Notices go out well in advance, for the Hearings." Further comments. Captain Deisler suggested the new time would begin at the next Code Enforcement Board Meeting. No objections were noted. REPORTS 402. Office Of The City Clerk Assistant to the City Clerk Sean Beaudet briefly mentioned Ordinance 2012-08 and the changes noted in this Ordinance. CITY OF WINTER SPRINGS,FLORIDA MINUTES ig= CODE ENFORCEMENT BOARD REGULAR MEETING—JULY 17,2012 roollri PAGE 4 OF 22 REPORTS ' 403. Code Enforcement Chairperson Chairperson Wood thanked Vice Chairperson Fisher for running the Chai � 1p g previous Code •itz Enforcement Board Meeting in her absence. n REPORTS 404. Code Enforcement Vice Chairperson No Report was given. REPORTS 405. Code Enforcement Board Members No Reports. PUBLIC INPUT Chairperson Wood opened "Public Input". No one addressed the Code Enforcement Board at this time. Chairperson Wood closed "Public Input". Discussion. Chairperson Wood noted, "I would like to — thank really on behalf of Vice Chair (Fischer), myself, and all the Board Members on all the work that the Code Board has been doing in this climate with homes that are in foreclosure and I see a real good effort; I see the trucks out all the time — Captain (Deisler), I see your team working hard and I really want to thank you for that." Assistant to the City Clerk Beaudet swore in those who would be providing Testimony during tonight's Meeting. Inspector Christi Flannigan, Code Enforcement Division, Police Department stated, "In reference to `502.8', I am going to extend that Case for a couple of months." CITY OF WINTER SPRINGS,FLORIDA .. MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 17,2012 PAGE 5 OF 22 C==i, 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 #12-0027639 Theresa And Scott Mandigo 214 South Moss Road Winter Springs, Florida 32708 Sec. 13-2. Trash And Debris Date Of Service: July 6,2012 Inspector—Chris Deisler This Case was not brought to this Hearing. PUBLIC HEARINGS-NEW CASES 502.2 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 6,2012 Inspector—Chris Deisler This Case was not brought to this Hearing. CITY OF WINTER SPRINGS,FLORIDA 11=6 MINUTES r CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 17,2012 ��� PAGE 6 OF 22 PUBLIC HEARINGS-NEW CASES 502.3 Code Enforcement Division—Police Department 1=" CASE #12-0027671 =Lo Sidney And Jules Testerman = 245 East Tradewinds Road Winter Springs, Florida 32708 Sec. 20-411. Trailers In Residential Areas Sec. 13-2. (b)Junk and Debris Sec. 13-2. (e) Stagnant Pool Sec. 6-217. Pool Enclosure IPMC 304.2 Protective Treatment IPMC 302.7 Accessory Structures Date Of Service: June 25,2012 Inspector—Christi Flannigan Inspector Flannigan presented this Case and noted "I would like to present into Evidence 'WS-1', which is a CD (Compact Disc) of all the presentations tonight." Continuing, Inspector Flannigan added, "I also have `WS-2', which is the Notice of Code Violation; `WS-3' is the return envelope for the Notice of Code Violation; `WS-4' is a second Notice of Code Violation; `WS-5' is a Notice - of Code Board - that was also returned." Next, Inspector Flannigan explained that "`WS-6' is an Affidavit of Posting for the Notice of Code Violation; `WS-7' is the Notice of Code Board Hearing; 'WS-8' is the Certified Return Receipt for the Notice of the Hearing; `WS-9' is the Affidavit of Posting for the Hearing." Continuing, Inspector Flannigan stated "I first observed the box trailer that is in the driveway — there is also junk and debris in the driveway and in the backyard. There's a pool that is stagnant and - since all the rain, it started overflowing. The only enclosure is a fenced-in area. The City has secured that area. There is also, several areas on the house that has no protective treatment — it's just raw stucco and raw wood. There are several accessory structures on the property that are falling apart and the walls are falling down. The Notice of Violation was mailed on April 17th, (2012) and again on May 9th, (2012). These were both returned unclaimed. The property was posted with Notice of Violation on May 14th, (2012). I spoke with the owners in April of 2012 - and was advised that he was selling the property in a short sale. The Property Appraiser shows that there has been no sale of the property; he's still the owner of Record. The Violations were explained to him, along with the ideas of how to correct them. There's been no action taken at all on his side. There was only a discussion of the remedies. The Notice of Hearing was posted at the property on July 2nd, 2012. The Notice of Hearing was mailed Certified to the owners and has not been returned at this point; and there's been no other contact from the owner." Further comments followed on this Case. CITY OF WINTER SPRINGS,FLORIDA MINUTES ,=4 CODE ENFORCEMENT BOARD �' � REGULAR MEETING-JULY 17,2012 PAGE 7 OF 22 Inspector Flannigan stated, "In regards to this Case, I'm requesting the City be permitted to either drain the pool or cover it — preferably drain it because of the more recent rains and it's starting to overflow; and file a Lien against the property for those Fees accrued. =L In regards to the remaining Violations, I'm recommending that a Fine of two hundred meti fifty dollars ($250.00) a day, if the Violations are not corrected by August 10th, (2012) and if found in Non-Compliance,the Fines retroactive to July 17th, (2012)." Chairperson Wood asked about the short sale of the property and inquired, "Did they tell you that it was vacant and they no longer lived there?" Inspector Flannigan answered "Yes". Chairperson Wood then asked Inspector Flannigan, "They would not provide their address?" Inspector Flannigan replied, "No. They would not provide any." Further discussion followed on Chairperson Wood's concern that the pool be drained and covered. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL AUGUST 10TH, (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. FURTHER, THE VIOLATION CONSTITUES A SERIOUS THREAT, AND THIS IS BECAUSE OF THE POOL, 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 CONSISTENT WITH CHAPTER 162, FLORIDA STATUTES TO BRING THE PROPERTY INTO COMPLIANCE." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER ROERO. 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 17,2012 rwarl PAGE 8 OF 22 PUBLIC HEARINGS-NEW CASES 502.4 Code Enforcement Division–Police Department CASE #12-0027718 Judith Inman metti 648 Murphy Road Winter Springs, Florida 32708 ...._- Sec. 6-195. Maintenance Of Fences Or Walls Date Of Service: June 26,2012 Inspector–Christi Flannigan Inspector Flannigan stated, "I'd like to present into Evidence `WS-2', which is the Notice of Code Violation; `WS-3' is the Return Receipt for that Notice of Code Violation; 'WS- 4' is the Code Board Notice; `WS-5' is the Return Receipt for the Code Board Notice; and `WS-6' is the Affidavit of Posting at the property." Continuing, Inspector Flannigan remarked, "The Notice of Violation was mailed Certified Return Receipt on May 18th, (2012). D. Flannigan signed for the Notice on May 19th, (2012). There's been no contact with the owner. Notice of the Hearing was signed for June 26th, (2012) by D. Flannigan. Notice of Hearing was posted at property on July 2"d, (2012)." With further remarks, Inspector Flannigan commented, "I am recommending a Fine of fifty dollars ($50.00) a day, if the Violation is not corrected by August 10th, (2012)." Inspector Flannigan noted that there has been no contact with the owner, but there is electrical service to the property. Chairperson Wood inquired, "Does it appear that there are personal items there, that someone is living there?" Inspector Flannigan responded by saying, "Yes." Further brief discussion. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT, JUDITH INMAN, IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL AUGUST 10TH, 2012 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY 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." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER KELLY. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—JULY 17,2012 PAGE 9 OF 22 VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE =Ls 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 502.5 Code Enforcement Division—Police Department CASE #12-0027722 Ahmad Kamalvand And Ferideh Khatooni 1100 Shadowbrook Trail Winter Springs, Florida 32708 Sec. 13-2. (e) Stagnant Pool Date Of Service: June 25,2012 Inspector—Christi Flannigan Inspector Flannigan began the presentation of the Case with comments about the pool and noted, "The Notice of Violation was mailed Certified Return Receipt on April 24th, (2012). It was returned unclaimed. Notice of Violation was posted at the property May 18th, 2012. There's been no contact with the owner of the property. Notice of Hearing was mailed Return Receipt on June 25th, 2012; Notice of Hearing was posted at the property on July 2nd, (2012)." With further comments, Inspector Flannigan stated "The door is shut. It does have the typical latching mechanism - no padlock or anything like that. It is, according to the neighbor, it is occupied. The Health Department advised, because it is occupied and screened in, that they would not chemicalize it and they won't do anything, because there is no actual impediment on the screen and it does have the latching mechanism, as the State Laws require." Further comments continued. Inspector Flannigan then stated "For the pool violation, I am recommending the authorization to drain or cover the pool. It presents a serious health and public safety issue, due to the location and lack of maintenance, along with the water level. The Fees for the remedy of the pool is to be entered as a Lien, against the property." Discussion ensued on pool safety concerns. Board Member Marvin Kelly inquired, "Is it owner occupied?" Inspector Flannigan replied that did not know and also mentioned that the Homeowner's Association was having similar issues with the property owner. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD �..T REGULAR MEETING—JULY 17,2012 i PAGE 10 OF 22 ' Chairperson Wood remarked to Inspector Flannigan, "So there are other issues, is what C=r you are saying?" Inspector Flannigan responded, "Yes, there's other issues where I would prefer having the backing of the Board before we just walked onto the property (C:=Li.e and so we're going to take care of your pool issue." .. Further comments followed related to clarification of authorization in such Cases where there is an unfenced and stagnant pool. Assistant City Attorney Latorre stated, "The life safety issue is a factual judgment for the Board on the Testimony presented." Discussion ensued on possible insect infestation, whether the property was vacant, accessibility to the pool, and if there were odor issues. Vice Chairperson Fisher addressed his concern by mentioning "We have been very, very strict about stagnant pool Cases in the past, because of the danger of a child getting in and going into the pool and not being found." Vice Chairperson Fisher added, "That I think has been an ongoing concern of the Board." Captain Deisler noted, "Perhaps, given the variables that we're dealing with someone living in this home who seems to be indifferent to the Case, perhaps holding that person, or the property owner to task is the best course of action. And, if that's the direction I think you folks are giving us, then maybe we do need to Amend our recommendation then to a daily Fine to be accrued, short of their compliance, and we'll go forward with Non-Compliances in the Cases that we've done,prior to now." Further comments. Tape 1/Side B Discussion continued. Related to Real Estate Law, Chairperson Wood inquired of Assistant City Attorney Latorre, whether a Deed requires a property owner, Lien holder to maintain a home and asked that Assistant City Attorney Latorre get back to her on this. Assistant City Attorney Latorre stated, "Yes." Continuing, Assistant City Attorney Latorre commented, "I'm not sure that this situation would warrant the City personnel or City Contractors to trespass on this private property and to remedy the pool Violation. I would not feel comfortable defending that. Speaking for the City Attorney's Office, it would need to be a much more egregious risk than there is now." With further comments, Assistant City Attorney Latorre suggested, "Try to impose a short time frame for them to fix it, and then hit them with a Fine and see if that puts them into action." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 17,2012 PAGE 1 I OF 22 Discussion followed on various issues related to pools and health and safety related hazards. tai Board Member Carole Giltz suggested that the Code Enforcement Board find them in " Violation of Section 13-2. and provide a date that pool repairs should be completed by, and asked for a suggested Fine amount. Inspector Flannigan replied, "I would say two hundred and fifty [dollars] ($250.00) as stated". Discussion followed on a recommended date, what was involved in processing the documentation, and what remedies were acceptable. "I MOVE TO FIND THE RESPONDENT, AHMAD KAMALVAND AND FERIDEH KHATOONI IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENTS BE GIVEN UNTIL AUGUST 10TH, 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 AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER, SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. WITH ADDITIONAL BRIEF REMARKS, BOARD MEMBER GILTZ CONTINUED WITH HER MOTION STATING, "FURTHER, THE VIOLATION CONSTITUES 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, CONSISTENT WITH CHAPTER 162, FLORIDA STATUTES, TO BRING THE PROPERTY INTO COMPLIANCE." SECONDED BY VICE CHAIRPERSON FISHER. 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 17,2012 r PAGE 12 OF 22 PUBLIC HEARINGS-NEW CASES 502.6 Code Enforcement Division—Police Department CASE #12-0027731 --+ Bamidele And Patricia Guobadia C—a--+ 743 Kentstown Court Winter Springs, Florida 32708 Sec. 13-2. (e) Stagnant Pool +` Sec. 6-195. Maintenance Of Fences Or Walls Date Of Service: June 26,2012 Inspector—Christi Flannigan Inspector Flannigan presented this Case and stated, "I would like to present into Evidence, 'WS-2' the Notice of Code Violation; `WS-3' Return Receipt for the Notice of Code Violation; `WS-4' Code Board Notice; `WS-5' is the Return Receipt for the Code Board Notice; `WS-6' is the Affidavit of Posting." With further comments, Inspector Flannigan noted, "Notice of Violation was mailed out Certified Return Receipt on April 26th, 2012 - Goubadia signed for the Notice on May 2"d, 2012. May 3rd, 2012, the owner called and advised that he had a company coming to give him estimates on the fence. May 9th, (2012), I spoke with the owner in regards to the Case, and it was extended to June 1St, (2012) so that he could get the repairs made. There have been two (2) slats that were replaced in the front of the fence; the holes had not been addressed by the owner, and at that time, no work had been completed. The Notice of Hearing was mailed and returned and signed for on June 26th, (2012) by - Goubadia. Notice of Hearing was posted at the property on July 2"d, 2012." Continuing with a status update, Inspector Flannigan stated, "As of today, the holes in the fence and the pool have been corrected. I am recommending a Finding of Fact for this Case only." Photographs of the property were shown next by Inspector Flannigan. Mr. Bamidele Guobadia, 743 Kentstown Court, Winter Springs, Florida: as the owner of the property, Mr. Guobadia commented that he had corrected the pool, spoke about the fence situation, and said that the pool pump had broken causing discoloration. Continuing, Mr. Guobadia stated, "I'm not challenging the report that Ms. Flannigan is putting forward." Mr. Guobadia then commented about his concern with correspondence he had received. Much discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES b=' CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 17,2012 PAGE 13 OF 22 rF,.r�sT Finding of Facts were addressed by Captain Deisler who pointed out, "What it does is establishes a prior or current Violation. Going forward, should we experience a Violation of the exact same nature, whether it be the pool or the fence, the - owner of the property 11=1..4 can be brought forward again as a repeat Violator, which enhances the penalties for the Violation. Essentially without a Finding of Fact, we're back to square one and presenting the Case all over again." Discussion continued on this Case and the efforts made by Code Enforcement Bureau and Mr. Guobadia. With further comments, Vice Chairperson Fisher pointed out to Mr. Guobadia about this Case and that this is not a criminal Case, and he was giving him the benefit of the doubt. Vice Chairperson Fisher added, "Hope that this proceeding will tell you that you are going to have to comply in the future." Mr. Guobadia stated, "I promise to do that." With continued comments, Board Member Kelly said to Mr. Guobadia, "You promised as we will remember your promise..." Mr. Guobadia stated, "...Yes Sir." "I MOVE TO FIND THE PROPERTY IN COMPLIANCE AND THAT NO FINE SHALL BE IMPOSED." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: BOARD MEMBER KELLY: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.7 Code Enforcement Division—Police Department CASE#12-0027734 Donna and Joseph Lepore Chase Mortgage 4 Algiers Avenue Winter Springs,Florida 32708 Sec. 6-195. Maintenance Of Fences Or Walls Date Of Service: June 26,2012 Inspector—Christi Flannigan This Case was not heard. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 17,2012 PAGE 14 OF 22 PUBLIC HEARINGS-NEW CASES 502.8 Code Enforcement Division—Police Department CASE #12-0027735 CM.41 Kelly Weaver 8 Algiers Avenue Winter Springs, Florida 32708 IPMC 304.2 Protective Treatment Date Of Service: June 25,2012 Inspector—Christi Flannigan This Case was not heard. PUBLIC HEARINGS-NEW CASES 502.9 Code Enforcement Division—Police Department CASE#12-0027793 Edward And Maria Hansen 151 North Edgemon Avenue Winter Springs, Florida 32708 Sec. 12-53. Abandonment Of Motor Vehicles Prohibited Date of Service: June 25, 2012 Inspector—Christi Flannigan This Case was not heard. PUBLIC HEARINGS-NEW CASES 502.10 Code Enforcement Division—Police Department CASE #12-0027803 RBD Acquisitions 1187 Trotwood Boulevard Winter Springs,Florida 32708 Sec. 6-2. Compliance With Chapter Sec. 6-128. Plumbing Inspection Date Of Service: June 25,2012 Inspector—Christi Flannigan This Case was not heard. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 17,2012 PAGE 15 OF 22 ❖• AGENDA NOTE: DIFFERENT CASE INFORMATION APPLIES TO THE NEXT AGENDA ITEM/CASE, FOLLOWED BY THE REST OF THE AGENDA. ri ++ PUBLIC HEARINGS -NEW CASES PUBLIC HEARINGS-NEW CASES 502.11 Code Enforcement Division—Police Department CASE#2012CE0007444 Scott Roberts 311 South Edgemon Avenue Winter Springs, Florida 32708 IPMC. 108.1.1 Unsafe Structures IPMC 108.1.2 Unsafe Equipment IPMC 108.1.3 Unfit For Human Occupancy IPMC 304.2 Protective Treatment IPMC 304.7 Roofs And Drainage IPMC 505.1 General (Water System) Sec. 13-2. (c) Overgrown Yard Sec. 13-2. (d) Dead/Diseased Tree Seminole County Chapter 20 - Animal Ordinances Date Of Service: July 3, 2012 Inspector—Christi Flannigan Assistant City Attorney Latorre said to Inspector Flannigan, "The Case number on the Agenda matches the Case number on the Notices that you issued to the property owner- I just think the PowerPoint has the wrong Case number. Inspector Flannigan remarked, "I'll make a correction to the PowerPoint." Inspector Flannigan was asked to read the correct Case number for the Record and stated, "2012CE0007444." Assistant City Attorney Latorre noted that "The Notice only has two (2) 4's at the end - the Notice of Violation." Furthermore, Inspector Flannigan clarified, "The Case number is going to be '2012CE000744'. I made a mistake on the Agenda and added an extra `4' — I apologize." Chairperson Wood remarked, "We will just strike that last `4'." Continuing with the presentation, Inspector Flannigan stated, "I would like to present into Evidence, `WS-2', which is the two (2)pages for the Notice of Code Violation; `WS-3' is the Return Receipt for the Notice of Code Violation; `WS-4' is one (1) page, it's a letter from Building Inspector Mike Scheraldi; `WS-5' is an email correspondence between myself and Stephanie Wolfe, the City Arborist; `WS-6' is the Owner and Encumbrance. It's three (3) pages, it's from the City Attorney's Office; `WS-7' is a Notice of Hearing; `WS-8' is the Return Receipt for Code Hearing Notice; `WS-9' is the Affidavit of Posting." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD C=:1 REGULAR MEETING-JULY 17,2012 raris PAGE 16 OF 22 Discussion followed on documentation related to this Case. Referencing the PowerPoint Presentation, Inspector Flannigan noted, "I have observed that the building has many tarps on the roof, creating a building safety issue. There are electrical wires that are exposed in the crawl space of the house, that are observable from r� the front entrance. Given the state and condition of the house and the sanitation issue, the �►--� house is unfit for human occupancy. There are exterior walls that have rotted wood and there's no protective treatment on the wood. The roof is covered with tarps that keep getting spread further across the roof, which is causing a safety issue for the occupant. There's been no water in the residence since 2009, according to the City Water Department, and that was as of today, there's been no water hook-up. A portion of the yard was cleaned by a local church group. The other portion in the rear of the yard has not been cleaned up and is overgrown. There are dead and diseased trees in the front yard to the left of the structure, confirmed by the City Arborist Stephanie Wolfe via email, that was presented into Evidence." At this point, Inspector Flannigan then presented into Evidence, "WS-10" (Seminole County's Animal Ordinance). Continuing, Inspector Flannigan remarked that, "Chapter 20 states that the animals will have collars, tags, along with their shots. There are several cats that are going in and out of the residence. The property owner is leaving food out for the cats, which has been witnessed." Further comments. Inspector Flannigan added, "Notice of Violation was mailed on April 11th, 2012, signed for by Scott Roberts on - April 26th, 2012. There's been no improvements to the property. The Notice of Hearing was mailed on June 25th, (2012). It was also signed for by Scott Roberts on July 3`d, (2012). Notice of Hearing was Posted at the property on July 2nd, (2012)." Various photographs of the residence/property were shown. Discussion. Tape 2/Side A With much discussion, Inspector Flannigan remarked, "In regards to this Case, I'm requesting that the owner be given until August 10th, 2012 to remedy the Violations. If found in Non-Compliance, a Fine of two hundred and fifty dollars ($250.00) a day for all the Violations, retroactive to this date, if found in Non-Compliance." Inspector Flannigan then mentioned concern with moisture and rodents infiltrating the residence. Discussion followed on why this Case has been going on for so long, and factors related to this Case. Board Member Wentz believed Staff was diligently working with Mr. Roberts to rectify the Violations but suggested more recent photographs should be referenced. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 17,2012 !r" PAGE 17 OF 22 Mr. Scott Roberts, 311 South Edgemon Avenue, Winter Springs, Florida: stated his name Gam' and address for the Record and then he began to question a photograph and referenced a letter from Mr. Michael Scheraldi, Building Official, Community Development Department. imett The procedure for this Hearing was addressed with Mr. Roberts. Chairperson Wood asked Mr. Roberts, "Do you have some Evidence to present to us this evening?" Mr. Roberts stated, "In what respect?" Chairperson Wood then commented to Mr. Roberts, "You are speaking about some documents. Do you have any Evidence of your own to present this evening?" Mr. Roberts responded, "Only the fact that I don't even stay at that home. That's why there's no water there. The only reason why I have electricity on is the fact that when I do go in, I don't want to be walking around with a flashlight." Discussion followed on unsafe equipment, exposed wiring, mold and mildew, and other Violations. Captain Deisler said to Chairperson Wood, "You asked Mr. Roberts if he resided at the house. He shook his head in the negative. Could I have him answer that question on Record, audibly please?" Chairperson Wood addressed Mr. Roberts and asked, "Are you residing at 311 South Edgemon Avenue?" Mr. Roberts replied, "I wouldn't call it residing. I would like to show you something." Chairperson Wood said to Mr. Roberts, "Sir, just answer my question. Are you living there?" Mr. Roberts answered, "No." Chairperson Wood then inquired of Mr. Roberts, "Okay, where do you live? Because, I asked you for the Record to state your name and your address." Mr. Roberts added, "Well, that's my home address." Chairperson Wood then asked Mr. Roberts, "Well, where do you live, Sir?" Mr. Roberts said, "I can't tell you that." Further comments. Assistant City Attorney Latorre noted, "If that is his address of Record, take that as his address of Record. I think Captain Deisler is interested in knowing if he resides in this home." Chairperson Wood again said to Mr. Roberts, "You don't reside in the home and you don't want it to be on Record where you live, is that correct?" Mr. Roberts responded, "This is true". Chairperson Wood mentioned some of the Violations and asked that Mr. Roberts address them. Mr. Roberts stated, "Well, the trees that were inside my yard because the, I guess the Arborist or anything like that, they don't have anything to do with them..." Chairperson Wood then inquired of Mr. Roberts, "...Are you going to correct them?" Mr. Roberts stated, "Yes." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 17,2012 PAGE 18 OF 22 Further, Chairperson Wood said to Mr. Roberts, "You are going to correct them. When?" Mr. Roberts then stated, "Let me ask - I have to ask to ask a question — these trees that are, what are they called, dead and diseased, excuse me. Do I need a Permit to cut them "' down?" Chairperson Wood stated, "Yes you do." Mr. Roberts then remarked, "Okay, so then I can come down to this building and get a Permit to cut them down. Okay." Chairperson Wood continued addressing Mr. Roberts and said to him, "So, you are going to correct all these items by when?" Mr. Roberts responded, "As soon as I can." Chairperson Wood remarked, "I need a date - to tell the Board." Mr. Roberts then asked to see what the Building Official's letter said. Further comments followed on the relevancy of the Building Official's letter, and Assistant City Attorney Latorre stated, "I just want to make sure for the Record — how does this roof issue differ from the roof issue that was heard in April, that's coming back for Compliance." Inspector Flannigan pointed out, "The roof issue on this one is listed because of the unsafe structure and the moisture and everything getting into the residence..." Assistant City Attorney Latorre then noted, "...Which differs from the other one..." Chairperson Wood added, "...The water intrusion is what this one is about..." Inspector Flannigan remarked, "...Water intrusion is the issue with this one. On the other one, it's the fact that there was no Roof Permit and that there's holes." Further discussion followed. Chairperson Wood said to Mr. Roberts, "So, when are you going to correct these items?" Mr. Roberts stated, "Yes, I am going to correct the items." Chairperson Wood further inquired of Mr. Roberts, "Tell me when you will be able to correct them. I need a date. Today is July 17th, 2012. Mr. Roberts commented on problems he has been experiencing. Continuing, Chairperson Wood again said to Mr. Roberts, "I need to know when are you going to have it finished and I am asking, when have you told the City of Winter Springs? I am trying to be brought up to speed to understand what your intention is. Your intention is to correct the Violation..." Mr. Roberts stated, "...Exactly — all the Violations." Mr. Roberts then mentioned having something to show related to power consumption to which Chairperson Wood and Captain Deisler offered to make a copy but Mr. Roberts declined. Chairperson Wood again asked Mr. Roberts for a date. With further comments, Mr. Roberts stated, "I'll say September 171h." Mr. Roberts then commented briefly on providing food for some cats. Discussion continued. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD � REGULAR MEETING-JULY 17,2012 F..r,�� PAGE 19 OF 22r "I MOVE TO FIND THE RESPONDENT, SCOTT ROBERTS IN VIOLATION OF CITY CODES AND ORDER THAT SCOTT ROBERTS BE GIVEN UNTIL AUGUST 10TH, 2012 TO CORRECT THESE VIOLATIONS. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE •e°.F� 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." MOTION BY BOARD MEMBER GILTZ. CHAIRPERSON WOOD ASKED ABOUT THE DATE, TO WHICH BOARD MEMBER GILTZ STATED, "AUGUST 10TH, (2012)". SECONDED BY BOARD MEMBER KELLY. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER KELLY: AYE MOTION CARRIED. Chairperson Wood said to Mr. Roberts, "Do you understand?" Mr. Roberts replied, "Yes." ❖❖ AGENDA NOTE: DIFFERENT CASE INFORMATION APPLIES TO THE NEXT AGENDA ITEM/CASE, FOLLOWED BY THE REST OF THE AGENDA ITEMS WHICH ARE AS DOCUMENTED. ❖❖ PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES PUBLIC HEARINGS-NON COMPLIANCE 503.1 Code Enforcement Division—Police Department CASE #2012CE000744 Scott Roberts 311 South Edgemon Avenue Winter Springs, Florida 32708 IPMC 304.7 Roofs And Drainage Board Order Service: April 26,2012 Date Of Service: July 3,2012 Inspector—Christi Flannigan Inspector Flannigan stated that the Case number was 11-0025025. Address is 311 South Edgemon (Avenue)." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—JULY 17,2012 PAGE 20 OF 22 As there was a discrepancy related to what the correct Case number was, Chairperson Wood noted, "We will strike this one. So, you have it correct." Further comments followed. 1=16.4 Chairperson Wood called a Recess at 9:08 p.m. Chairperson Wood called the Code Enforcement Board Meeting back to Order at 9:14 p.m. Inspector Flannigan stated, "I'd like to apologize to the Board. The confusion with this Case — on the Agenda, the Case number is listed wrong. The correct Case number is the `11-0025025'. Also, the Agenda Items - I'd like the Record to reflect that the Agenda Items that were in the packet were irrelevant to this Case, but was actually submitted into Evidence tonight- is the correct information for this Case." Chairperson Wood said to Inspector Flannigan, "Are the items that I read earlier, were those correct in the previous Case? The Violations?" Inspector Flannigan replied "Yes." Chairperson Wood then asked, "Are the Items of Violation that I see in front of me, are those correct?" Inspector Flannigan answered, "The (IPMC) 304.7 for this Case? Yes." Chairperson Wood then inquired, "And is the address correct?" Inspector Flannigan responded, "Yes it is." Chairperson Wood concluded, "Then we are good." Inspector Flannigan continued with this Case and commented that related to Case number 11-0025025, "This Case was originally presented to the Code (Enforcement) Board - on April 17th, 2012. The roof was covered with a tarp. The original Order of the Board was granted. The Order of the Board was signed for on April 26th, 2012 by Scott Roberts. The original Hearing, there's been no contact from the owner. Notice of Non- Compliance Hearing was signed for on July 3`1, 2012 by Scott Roberts. The Property was Posted with Notice of Hearing on July 211d, (2012)." Photographs from the previous Case presentation were shown, and Inspector Flannigan noted, "In regards to this Case, I'm recommending the original Order be entered as a Lien." Brief discussion followed regarding vehicles on the property, as shown in the photographs. Mr. Scott Roberts, 311 South Edgemon Avenue, Winter Springs, Florida: commented on a discussion he had with Mr. Scheraldi related to a Permit, and asked to see a certain photograph and asked why these photographs were being shown. Chairperson Wood asked Mr. Roberts, "Did you bring any photographs this evening?" Mr. Roberts responded, "No I did not." Chairperson Wood summarized, "Then you have no Evidence." Further comments followed on the roof, and photographs. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—JULY 17,2012 PAGE 21 OF 22 In regards to the status of roof repairs, Chairperson Woods asked Mr. Roberts, "Is your roof repaired?" Mr. Roberts said, "It's under repair." Chairperson Woods again inquired of Mr. Roberts, "Is your roof repaired?" Mr. Roberts responded, "It is not repaired. It is not completed." Board Member Wentz said to Mr. Roberts, "The last time you were here, you gave us your full understanding that you totally understood what the consequences were going to be and assured us that you would take care of them. Is that not correct?" Mr. Roberts replied, "Probably". Further discussion. "I MOVE TO FIND THE PROPERTY IN NON-COMPLIANCE AND THAT THE PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED, CONSISTANT WITH THAT ORDER." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. Tape 2/Side B VOTE: BOARD MEMBER ROERO: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. Captain Deisler mentioned that at the last meeting, "During that presentation, Mr. Roero asked me if I could make contact again with some of those charitable organizations who we had originally contacted to try to help Mr. Roberts. In a nutshell, I had no luck with any of those folks." Chairperson Wood stated, "Thank you for trying." REGULAR AGENDA REGULAR 600. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES • CODE ENFORCEMENT BOARD REGULAR MEETING—JULY 17,2012 PAGE 22 OF 22 PUBLIC INPUT Chairperson Wood opened "Public Input". No one addressed the Board at this time. Chairperson Wood closed "Public Input". Regarding other Board business, Chairperson Wood said to Assistant to the City Clerk Beaudet, "Just for this time, would you mind—one (1) week before, sending an email out to everyone about the time and the date; and then also the day before." Assistant to the City Clerk Beaudet stated, "Sure. I'd be happy to." Brief discussion followed regarding whether the Board needed to see all Evidence being presented on each Case. Assistant City Attorney Latorre suggested, "You should see them all, to help make your decision. You don't have to give every photograph the same amount of weight." ADJOURNMENT Chairperson Wood Adjourned the Regular Meeting at 9:31 p.m. RESPECTFULLY SUBMITTED: ANDREA L ORENZO-L UA CES, MMC, CITY CLERK AND SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were Approved at the ,2012 Code Enforcement Board Regular Meeting.