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HomeMy WebLinkAbout2012 11 20 Consent 200 Requesting Approval of the September 18, 2012 Regular Meeting Minutes mZI CITY OF WINTER SPRINGS, FLORIDA MINUTES ;0.-7'° CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 18, 2012 CZkowoge e 113 CALL TO ORDER The Regular Meeting of Tuesday, September 18, 2012 of the Code Enforcement Board was called to Order by Chairperson Laura-Leigh Wood at 5:38 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, absent Board Member Marvin Kelly, present Board Member Gregg Roero, absent Board Member Jim Wentz, present Assistant City Attorney Kate Latorre, present Assistant to the City Clerk Sean Beaudet, present Chairperson Wood stated "Let the Record show that Board Member Giltz is absent from tonight's meeting." Assistant to the City Clerk Sean Beaudet noted, "She did call shortly before the meeting." Continuing, Chairperson Wood added, "And Board Member (Gregg) Roero Is also absent." Assistant to the City Clerk Beaudet mentioned, "I never heard from him". Chairperson Wood stated, "At this time, it is unexcused." A Moment of Silence was held in honor of our fighting troops. The Pledge of Allegiance followed. Agenda changes were noted by Assistant to the City Clerk Beaudet,who stated "We will not be hearing `503.2' —Non-Compliance." Assistant to the City Clerk 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-SEPTEMBER 18,2012 I' PAGE 2 OF 21 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Camodi Requesting The Code Enforcement Board Consider And Approve The July 17, 2012 Code Enforcement Board Regular Meeting Minutes. Mtge Chairperson Wood inquired "At this time I would like to know if we have a Motion for the Approval the Minutes dated July 17th, 2012." "I MAKE A MOTION." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER KELLY. DISCUSSION. Note: The above Motion was then superseded by another Motion. VICE CHAIRPERSON FISHER STATED, "I HAVE A COUPLE OF CORRECTIONS FOR THE JULY MINUTES. ON PAGE 3, THIRD PARAGRAPH, IT SAYS, `WITH FURTHER COMMENTS, CAPTAIN DEISLER SUGGESTED `THE ABSOLUTE EARLIEST WOULD BE 5:30 (P.M.).' ASSISTANT CITY ATTORNEY LATORRE AND THERE IS AN EXTRA WORD IN THERE — AND SAID, `IT IS NOT UP TO ME, I WILL BE HERE WHENEVER.' CONTINUING, VICE CHAIRPERSON FISHER SAID, "I MOVE THAT WE - WELL, WE NEED TO STRIKE THE `AND'." ASSISTANT TO THE CITY CLERK BEAUDET STATED, "SURE WE CAN DO THAT." THE OTHER CORRECTION NOTED BY VICE CHAIRPERSON FISHER WAS ON "PAGE 4, UNDER `PUBLIC INPUT', UNDER `DISCUSSION', IN THE FIRST PARAGRAPH. I WOULD LIKE TO HAVE THE SPELLING OF THE VICE CHAIR LAST NAME CORRECTED. THERE IS NO `C' IN FISHER. ASSISTANT TO THE CITY CLERK BEAUDET REMARKED, "SURE". CHAIRPERSON WOOD CONCLUDED, "SO, IF WE COULD HAVE THE RECORD SHOW THAT FOR THE JULY MINUTES; PAGE 3, PARAGRAPH THREE (3), WE'RE GOING TO STRIKE THE WORD `AND'; AND UNDER `PUBLIC INPUT', DISCUSSION; 'FISCHER' IS MISPELLED; THE CORRECT SPELLING IS FISHER." ASSISTANT TO THE CITY CLERK BEAUDET NOTED, "WE'LL CORRECT THAT." CHAIRPERSON WOOD THEN SAID, "WITH THOSE CORRECTIONS MADE, WE WILL NEED TO HAVE ANOTHER MOTION. DO I HAVE A MOTION TO APPROVE THE MINUTES?" "I MAKE A MOTION." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY BOARD MEMBER KELLY. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—SEPTEMBER 18,2012 reenkl PAGE 3 OF 21 VOTE: c:=4 CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE rpgai BOARD MEMBER CALHOUN: AYE �: BOARD MEMBER KELLY: AYE ;�:. ` BOARD MEMBER WENTZ: AYE . MOTION CARRIED. CONSENT 201. Office Of The City Clerk Requesting The Code Enforcement Board Consider And Approve The August 21, 2012 Code Enforcement Board Regular Meeting Minutes Chairperson Wood stated, "We would now like to go to the August 21St, (2012) Minutes". "I MAKE A MOTION TO APPROVE THE AUGUST MINUTES." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE MOTION CARRIED. ❖❖ AGENDA NOTE: THE FOLLOWING PORTION OF THE AGENDA WAS DISCUSSED IN THE ORDER DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. ❖❖ PUBLIC INPUT Chairperson Wood opened "Public Input". No one spoke. Chairperson Wood closed "Public Input". CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD `, , REGULAR MEETING SEPTEMBER AGE 4 OF 21 AWARDS AND PRESENTATIONS ``1?A $�W�F` AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office Of The City Attorney No Report was given. REPORTS 401. Office Of The City Clerk No Report. REPORTS 402. Code Enforcement Board Vice Chairperson No Report was given. REPORTS 403. Code Enforcement Board Chairperson No Report. REPORTS 404. Code Enforcement Board Members No Report was given. REPORTS 405. Code Enforcement Division Captain Chris Deisler, Code Enforcement Division, Police Department mentioned that Agenda Item `503.4' contained an error and said, "The original Hearing Date for that Case should reflect August 21st, 2012, not the July date." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 18,2012 PAGE 5 OF 21 With further comments, Captain Deisler addressed Agenda Item `503.2' and stated "We were ready to take that Case forward, but we've determined that, that property has " changed ownership; now a Bank owns it." Captain Deisler added, "That's why that was L - pulled." Brief discussion. 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 ❖❖ AGENDA NOTE: THE FOLLOWING AGENDA ITEM (502.1) WAS DISCUSSED NEXT, AND ALSO LATER IN THE MEETING, AS SHOWN ON PAGES 8 - 9 OF THESE MINUTES. ❖❖ PUBLIC HEARINGS AGENDA-NEW CASES PUBLIC HEARINGS-NEW CASES 502.1 Code Enforcement Division—Police Department CASE #12-0027997 Rebekah Bartley And Aurora Loan Services 1326 Casa Park Circle Winter Springs, Florida 32708 IPMC 308.1 Infestation IPMC 304.6 Exterior Walls IPMC 304.14 Insect Screens IPMC 304.18 Building Security Date Of Service: August 30,2012 Inspector—Christi Flannigan Inspector Christi Flannigan, Code Enforcement Division, Police Department presented the Case and stated, "The Agenda will show that we had Infestation (IPMC 308.1); we're going to pull that, because of the witness issue; and documentation, parts of that." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 18,2012 PAGE 6 OF 21 Chairperson Wood asked, "Is this a short sale?" Inspector Flannigan replied "No, I was rizoz given documentation that she actually allowed it to go into Foreclosure; and that the Bank is taking it over, but it is not changed on the Tax Rolls yet." Continuing, Inspector Flannigan stated, "I would like to present into Evidence 'WS-1', Xer which is a CD (Compact Disc) of all the presentations that are being shown tonight; `WS- t 2' is the Notice of Code Violation from the United States Postal Service printout that it was delivered; `WS-3' is the updated address, Notice of Delivery from the United States grw,„°L Post Office website; `WS-4' is the Affidavit of Posting for the Notice of Code Violation; `WS-5' is the fax cover sheet to the realtor that is listing the property at this time. `WS-6' is the confirmation for the fax; `WS-7' is the Affidavit of Posting for the Code Board Hearing; `WS-8' is the Certified Return Receipt for the Code Board Hearing; `WS-9' is also the Certified Code Board Hearing, for both property owners; and `WS-10' is the confirmation from the United States Postal Service." Inspector Flannigan noted, "I received a complaint from a resident that lives next door to this property. I found that there were holes in the exterior wall and the front step of the house entrance; the concrete is falling down. The windows are missing the insect screens; they're less than six foot (6') from the ground. Also, the windows were not secure and they don't close properly. Every time I`ve gone over there, I've had to re-secure the windows. Notice of Violation was mailed on July 19th, (2012) and also on July 26th, (2012) which is —that is the date I found out that the Bank had taken over the property. The United States Post Office website shows that there was delivery of the first Notice and the Notice was left for the second. Notice of Violation was also posted at the property on July 26th, 2012. There has been no contact from the owners of the property. The Realtor that has the house listed to sale was sent a fax in regards to the Violations,just so that they were up to date. There's been no follow up contact made with any of the parties. Notice of Code Board Hearing was mailed on August 30th, 2012). The United States Post Office website shows that there was a delivery of the Notice on September 4th, 2012). Notice of Code Board Hearing was also posted at the property and at City Hall on August 29th " Photographs were shown next, in reference to the Violations. Inspector Flannigan concluded, "I am recommending the owner be given until October 10 , (2012) to bring the property into Compliance; and if found in Non-Compliance, a Fine of two hundred dollars ($200.00) a day, retroactive to September 18th, 2012." Discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 18,2012 PAGE 7 OF 21 Chairperson Wood stated, "Please let the Record reflect that the Respondent was not `°'" present". "I MOVE TO FIND RESPONDENT, REBEKAH BARTLEY AND AURORA C, ��• LOAN SERVICES, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL OCTOBER 10TH, (2012) TO CORRECT THE VIOLATION. 4."-7.70-4 IN THE EVENT THE RESPONDENT TWO HUNDRED DOLLARS ($200.00) FOR THE FINE IN THE AMOUNT OF TW FIRST DAY AND TWO HUNDRED DOLLARS ($200.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER KELLY. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.2 Code Enforcement Division—Police Department CASE#12-0028014 Carlton And Christina Kingdom 104 Burgos Road Winter Springs, Florida 32708 Sec. 13-2. Junk and Debris Date Of Service: August 23, 2012 Inspector—Christi Flannigan Inspector Flannigan presented the Case and stated, "I would like to present into Evidence the CD (Compact Disc), with the presentation also as `WS-1' for this Case; `WS-2' is the United States Post Office, Notice of Violation delivery confirmation printout; `WS-3' is the Affidavit of Posting for the Notice of Violation; `WS-4' is the Affidavit of Posting for the Notice of Violation on the 14th also; `WS-5' is Certified Return Receipt for the Code Board Hearing; `WS-6' is the United States Postal website printout for the Code Board Hearing; `WS-7' is the Affidavit of Hearing." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 18,2012 PAGE 8 OF 21 Continuing the presentation, Inspector Flannigan noted, "I have observed several times that there is a constant rotation of junk and debris that is piled up out by this house. There is constantly, windows or glass panels that are leaned against the fence and the house. Notice of Violation was mailed on July 19th, (2012); the United States Postal Service "--_ website shows that there is a Notice left on July 20th, (2012). The Notice was also posted at the property on August 2°d, (2012). I received a voicemail from the man stating that he wanted a meeting with me. Whenever I called him back, I left a message and I've had no other contact since. That was approximately toward the end of August. The Notice of Hearing was mailed on August 23`d, 2012. The Notice was delivered on August 241h, 2012, according to the United States Postal website. I posted the Notice of Hearing at the property on August 24th, (2012). Next, photographs were shown in reference to the Violations. Inspector Flannigan concluded, "I am recommending the owner be given until October 12t , 2012 to correct the Violations; and if found in Non-Compliance, a Fine of a hundred dollars ($100.00) a day, retroactive to September 18th, 2012 be imposed." Chairperson Wood stated, "Please let the Record reflect that the Respondent was not present." "I MOVE TO FIND RESPONDENTS, CARLTON AND CHRISTINA KINGDOM, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENTS BE GIVEN UNTIL OCTOBER 12TH, 2012 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENTS FAIL TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE 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 CALHOUN. SECONDED BY VICE CHAIRPERSON FISHER. DISCUSSION. VOTE: BOARD MEMBER KELLY: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. ❖❖ AGENDA NOTE: AGENDA ITEM 502.1 WAS FURTHER ADDRESSED, IN ADDITION TO WHAT WAS PREVIOUSLY NOTED ON PAGE 5 - 7 OF THESE MINUTES, FOLLOWED BY THE REMAINING AGENDA ITEMS. ❖• CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 18,2012 PAGE 9 OF 21 PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS-NEW CASES 502.1 Code Enforcement Division—Police Department CASE #12-0027997 , �, � Rebekah Bartley And Aurora Loan Services 1326 Casa Park Circle "y` °°" Winter Springs,Florida 32708 IPMC 308.1 Infestation IPMC 304.6 Exterior Walls IPMC 304.14 Insect Screens IPMC 304.18 Building Security Date Of Service: August 30,2012 Inspector—Christi Flannigan Related to Agenda Item `502.1', Chairperson Wood inquired, "In regards to the Foreclosure, is it okay for the letter to also be faxed to the Realtor of Record?" Assistant City Attorney Kate Latorre replied, "The Statute requires mail, Certified Mail. They could fax it, in addition." Chairperson Wood then asked, "Would that be okay?" Assistant City Attorney Latorre said, "Absolutely. You can always do more than the minimum." Discussion. Chairperson Wood remarked, "Would that be okay with the City Clerk's Office to also fax a copy (of the Finding of Fact)?" Assistant to the City Clerk Beaudet replied, "Sure we can do that. Absolutely." PUBLIC HEARINGS-NEW CASES 502.3 Code Enforcement Division—Police Department CASE #12-0028039 Petrina Pursell And Ronald Rosenberger 633 Murphy Road Winter Springs,Florida 32708 Sec. 13-2. Junk& Debris Sec. 12-53. Abandonment Of Motor Vehicles Prohibited Sec. 20-438. Parking Vehicles In Residential Front Yards And On Sidewalks Prohibited Date Of Service: August 23, 2012 Inspector—Christi Flannigan Inspector Flannigan presented the Case and submitted into evidence, "WS-1", "WS-2", "WS-3", "WS-4", and"WS-5". CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 18,2012 PAGE 10 OF 21 Inspector Flannigan then noted, "I have observed either a blue car or a pick-up truck that is disabled; one of the others constantly being worked on. The blue car was in the driveway with various junk and debris piled on it and around it. The pick-up was consistently being worked on; has been, as of today. There is also a pile of junk and debris in the yard and at the front door, along with — along the side of the driveway. There is consistently a vehicle parked in the grass at the residence; the vehicle type has been changed; it was a pick-up truck, then it was a different pick-up truck, then it was something else. As of today, there was not a vehicle parked in the yard. Notice of Violation was mailed on July 31st, 2012 and according to United States Post Office website, it was delivered on August 1St, 2012. There has been no contact with the owners. Notice of the Hearing was mailed on August 23rd, 2012. According to the United States Post Office website, it was delivered on August 24th, 2012. Notice of the Code Board Hearing was posted at the property on August 24th, 2012." Photographs were shown regarding various vehicles, junk and debris, and petroleum containers. Inspector Flannigan commented, "I am recommending the owner be given until October 1Ot , 2012 to correct the Violations. In the event that the property is found in Non- Compliance, I am recommending a Fine of a hundred dollars ($100.00) a day for each violation, retroactive to September 18th, 2012." Chairperson Wood asked Inspector Flannigan if the vehicles were currently registered, to which Inspector Flannigan replied, "Until two (2) or three (3) weeks ago, the blue car did not have a current tag on it. The blue pick-up truck, it was in the side yard; it wasn't where I could see it from the right-of-way to even run the tag to find out if it was current or not." Discussion. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL OCTOBER 12TH, 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 DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER KELLY. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 18,2012 PAGE 11 OF 21 VOTE: ' BOARD MEMBER KELLY: AYE . aa BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. Chairperson Wood added "Please let the Record reflect the Respondent was not present. In fact, if the Record could reflect that there are no Respondents for any of our Cases." PUBLIC HEARINGS-NEW CASES 502.4 Code Enforcement Division—Police Department CASE #12-0028043 Charles And Candida Lufcy And Wells Fargo 985 Turkey Hollow Circle Winter Springs,Florida 32708 Sec. 6-195. Maintenance Of Fences Or Walls Sec. 13-2.Junk and Debris IPMC 304.13 Window, Skylight, Or Door Frames Date Of Service: August 23,2012 Inspector—Christi Flannigan Inspector Flannigan began the discussion on this Case. Inspector Flannigan then noted that submitted into evidence was "`WS-1', which is the CD (Compact Disc) with the PowerPoint Presentation; `WS-2', the United States Postal (Service) printout with the Notice of Code Violation; `WS-3' is Wells Fargo Certified letter from the Post Office; `WS-4' is for the property Owner of Record, Lufcy, Certified Mail Receipt; `WS-5' is the Notice of Code Violation post Affidavit; "WS-6' is the United States Postal Service printout; `WS-7' is the Affidavit of Posting for Code Board Notification." Chairperson Wood requested Assistant City Attorney Latorre explain in greater detail the "Lag on the Certificate of Title". Assistant City Attorney Latorre explained, "Once it is issued the sale, it has to be recorded; which sometimes, depending on how backed up they are, can take a number of weeks to appear in the Public Record. Under the Statutes, they have to Notice who is reflected in the Tax Records, so they apprise the Public Appraiser Record." Further comments. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 18,2012 PAGE 12OF21 Cf=- Inspector Flannigan then introduced the Case for the Record and stated, "I have observed �� that the fence is broken and there is a piece of panel that has fallen. Originally, it was ." being held up by a two by four (2'x4'). There is junk and debris at the front door; and in driveway. There is also a broken window on the second floor window; along with broken glass at the front door; the pieces are on the ground at the front door. It seems that a double pane glass door,part of the first pane has been broken. � rtr Notice of Violation was mailed on July 27, 2012 to both the Lufcy's and Wells Fargo. The United States Postal Service shows that Wells Fargo Notice was delivered on August 27, (2012) and the Lufcy's was not delivered. I posted the Notice of Violation at the property on August 7th, 2012. I was able to determine that Wells Fargo foreclosed on the house, which is the purpose of me noticing them, although they are not listed on the Property Appraiser's website yet, the Lufcy's still are. Notice of Hearing was mailed on August 23rd, 2012. According to the United States Postal Service website, the Notices were delivered to Wells Fargo and was undeliverable to the Lufcy's. I posted the Notice of Hearing at the house on August 24th, 2012." Further explanation in reference to photographs shown. Inspector Flannigan noted "In regards to this Case, I am recommending the owner be given until October 12th, (2012) to correct the Violation. In the event they are found in Non-Compliance, I recommend a Fine of a hundred dollars ($100.00) a day retroactive until September 18th, 2012." Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENTS IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENTS BE GIVEN UNTIL OCTOBER 12TH, 2012 TO CORRECT THE VIOLATION. IN THE EVENT THAT THE RESPONDENTS FAIL 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 VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER KELLY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINL TES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 18,2012 ,;='•`t, PAGE 13 OF 21 s T-77 PUBLIC HEARINGS-NEW CASES 1y=4 502.5 Code Enforcement Division–Police Department CASE #12-0028054 "x ' Ben Blackman 54 South Edgemon Avenue Winter Springs,Florida 32708 -,,.-6 Sec. 13-2. Junk and Debris Date Of Service: August 23, 2012 Inspector–Christi Flannigan Inspector Flannigan presented into evidence "`WS-1', which is the CD (Compact Disc) of all presentations tonight; `WS-2' is the United States Postal Service website for the Notice of Code Violation showing it was delivered on August 8th, (2012); `WS-3' is the Affidavit of Posting for the Hearing; `WS-4' is the United States Postal Service website printout advising that the Hearing Notice was delivered on August 24th, (2012)." Continuing, Inspector Flannigan explained, "There is a large pile of junk and debris to the right of the house; and a large pile stored on the carport. There is also some sort of heavy machinery type stuff that's stored to the right of the house in the yard. The Notice of Violation was mailed on August 7th,2012 and the United States Post Office website shows that it was delivered August 8th, (2012). There has been no contact from the property owners; Notice of the Hearing was mailed on August 23rd, 2012; according to United States Postal Service website, it was delivered on August 24th, (2012); the Notice was posted at the property also on August 24th, (2012)by me." Further discussion followed on photographs that were displayed. Inspector Flannigan noted, "In regards to this Case, I am recommending the owner be given until October 12th, 2012 to correct the Violations and if found in Non-Compliance, I recommend a hundred dollars ($100.00) a day Fine be imposed retroactive until September 18th, 2012." Discussion. Note: The Respondent was not present. "I MOVE TO FIND RESPONDENT, BEN BLACKMAN, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL OCTOBER 12TH, 2012 TO CORRECT THE VIOLATION. IN THE EVENT THAT 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 CALHOUN. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—SEPTEMBER 18,2012 PAGE 14 OF 21 VOTE: BOARD MEMBER WENTZ: AYE WOOD: AYE `"±1 VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE MEMBER KELLY: AYE MOTION CARRIED. "-°-'2 PUBLIC HEARINGS—NEW CASES 502.6 Code Enforcement Division—Police Department CASE #12-0028113 Harold And Katherine Noonan 103 Burgos Road Winter Springs,Florida 32708 Sec. 13-2. Junk and Debris Date Of Service: August 23,2012 Inspector—Christi Flannigan Inspector Flannigan presented the Case and submitted into evidence "`WS-1', which is the PowerPoint Presentation CD (Compact Disc); `WS-2' is the United States Postal Service printout of the Notice of Code Violation as delivered; `WS-3' is also the United States Postal Service printout for the Notice of Code Board; `WS-4' is the Affidavit of Posting. I observed that there is junk and debris piled in the front yard and in the side yard on several different occasions; there seems to be a variation of the stuff that has been put in the yard and moved. Notice of Violation was mailed on August 10th, 2012; the U.S.P.S. (United States Postal Service) shows that it's been delivered as of August 15th, 2012; there has been no contact. Notice of Code Board Hearing was mailed on August 23rd, 2012; United States Postal Service shows that it was delivered on August 25th, (2012); the Notice was posted at the property on August 24th, 2012 by myself." Discussion. Further, Inspector Flannigan presented photographs related to this Case and noted, "Some of the original Violation has been cleaned up". Further comments. Continuing, Inspector Flannigan added, "The roofing material on the side, it has been there for quite some time; but, I'm not sure if he is piling it up, he has several children; so, I don't know if he's trying to just stock pile it up, so he can get the roof redone completely. But, there was a bunch of junk and debris and various things in the front yard and some garbage that had been thrown out there. So, in regards to this Case, I am just asking for a Finding of Fact and a hundred dollar ($100.00) a day be imposed if he is found in Violation again, as a repeat offender." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 18,2012 PAGE 15 OF 21 Cr "° Prat Chairperson Wood asked, "No contact? You have attempted and they haven't zNa responded?" Inspector Flannigan nodded in agreement. Discussion. Note: The Respondent was not present. MOVE TO FIND THAT RESPONDENTS, HAROLD AND KATHERINE .,,„,,,#. NOONAN, 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 PROVISIONS BY THE RESPONDENTS WITHIN FIVE YEARS FORM THE DATE OF THIS ORDER SHALL BE CONSIDERED A REPEAT VIOLATION, FOR WHICH A FINE UP TO ONE HUNDRED DOLLARS ($100.00) PER DAY MAY BE IMPOSED." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER KELLY. DISCUSSION. VOTE: CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. Related to parking on the lawn of residences, Chairperson Wood mentioned, "Before we call the next Case, very briefly, could you just speak to the fact about — I noticed there was a car parked on the lawn and I know that was not something you were citing them for. But, would you be kind enough to tell us where we are with the City of Winter Springs on that?" Inspector Flannigan replied "They are not supposed to be parked on their yard at all. In his case, they were going to repo(ssess) that car and there was communication between the bank and repo company..." Chairperson Wood then asked, "But generally speaking..." Inspector Flannigan answered, "...Normally, no. They are not allowed to. He has been noticed not to park there and he was also noticed, although it doesn't show in the picture; there is no tag on the vehicle." Discussion. Captain Deisler added "You may recall, there is a portion of the Ordinance that allows someone to construct a designated parking area for the purposes of parking vehicles in the front yard. However, there are certain specifications and limitations on doing so. In this case, exceeds those limitations. So, that's why we're not permitting it under the DPA (Designated Parking Area) Ordinance." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—SEPTEMBER 18,2012 PAGE 16 OF 21 ' PUBLIC HEARINGS AGENDA- NON-COMPLIANCE CASES Vf,,r r PUBLIC HEARINGS—NON COMPLIANCE 503.1 Code Enforcement Division—Police Department CASE #2012CE000744 Roberts w_° 311 South Edgemon Avenue Winter Springs,Florida 32708 Sec. 13-2. Junk And Debris IPMC 108.1.1 Unsafe Structure IPMC 108.1.2 Unsafe Equipment IPMC108.1.3 Structure Unfit For Human Occupancy IPMC 304.2 Protective Treatment IPMC 304.7 Roofs And Drainage IPMC 505.1 General Original Hearing July 17,2012 Date Of Service: August 30,2012 Inspector—Christi Flannigan Inspector Flannigan began the presentation and noted "This Case was originally heard on July 17th, 2012. The Original Order of the Board was returned unclaimed on August 29th, 2012. I posted the Notice of Hearing at the property on August 29th, 2012. Notice of the Hearing was mailed on August 301h, 2012. The United States Postal Service shows that the Notice was left on August 31st, (2012); it has not been returned." Next, Inspector Flannigan submitted into evidence "`WS-2', is the return envelope for the original Order of the Board; `WS-3' was the Certified Mail for the Code Board Hearing for tonight; `WS-4' was the Affidavit of Posting for the Code Board Hearing tonight; and `WS-5' is the Notice from the United States Postal Service, that they left the Notice. There has been no improvement to the property and no contact from the owner at all." Discussion continued on the roof with multiple holes, an exposed electrical box from the attic, mold on the walls, and no protective treatment on the walls. Continuing the presentation, Inspector Flannigan noted that "From the Bitterwood (Street) side, this entire roof is covered with a tarp. This is also looking at the house, this is as of the 14th'this entire section of the roof is still covered with a tarp." Tape 1/Side B Discussion on the gutters,junk and debris, and the City's efforts to clear foliage near the right of way. Inspector Flannigan stated, "In regards to this Case, I am recommending the original Order of the Board be entered in as a Lien; and Staff will follow up with this Case; and we'll also keep the Board updated as to the proceedings from Staff." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—SEPTEMBER 18,2012 PAGE 17 OF 21 s ' Captain Deisler added, "We haven't had any success with Mr. Roberts at all As a matter ..- ;� of fact, if I dare say that the property is deteriorating even worse than it was two (20 tt•°4 months ago. As Officer Flannigan stated, our action doesn't stop here. This is an ^y ongoing Case that will require a meeting between me, the City Attorney's Office, Officer Flannigan, and any other professionals in this line of work, be it Structural Engineers or otherwise,to determine our next best legal course of action to get this thing remedied." Chairperson Wood replied, "On behalf of the Board, I just want to say `Thank you very much' —I know this is a lot of work. To me, I just see danger - I just really appreciate all your time that you have put on this, for everyone here — sitting up here, feels the same way." Vice Chairperson Fisher remarked, "I know that a lot of people have put a lot of energy into trying to help Mr. Roberts; Mr. Roberts is a proud man,but he has just let it get away from him; and we cannot allow that, but I have a lot of sympathy for him. But, we have got to move on." Discussion. Board Member Kelly asked, "The last time this Case was heard, Mr. Roberts indicated he was not living in the residence, but refused to say where he was living. Is there any update on that?" Captain Deisler responded, "No." Note: The Respondent was not present. "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 WENTZ. SECONDED BY VICE CHAIRPERSON FISHER. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 18,2012 PAGE 18 OF 21 PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES 503.2 Code Enforcement Division—Police Department #12-0027722 Bank Of New York MellonY: 1100 Shadowbrook Court ixrn:; Winter Springs,Florida 32708 Sec. 13-2. (e) Stagnant Pool Original Hearing July 17,2012 Date Of Service: August 30, 2012 Inspector—Christi Flannigan This Case was not heard. PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES 503.3 Code Enforcement Division—Police Department CASE#12-0027671 Sidney And Jules Testerman 245 East Tradewinds Road Winter Springs,Florida 32708 Sec.13-2. Junk And Debris IPMC 304.2 Protective Treatment IPMC 302.7 Accessory Structures Original Hearing July 17,2012 Date Of Service: August 30, 2012 Inspector—Christi Flannigan Inspector Flannigan presented the Case and noted for the Record, the one Respondent's first name was `Julie', not `Jules'. Next, Inspector Flannigan submitted into Evidence "`WS-1', which is the CD (Compact Disc) of all the presentations tonight; `WS-2' is the front of the original envelope from the Clerk's Office notifying of the Order of the Board; `WS-2' (`WS-3') is the back on that envelope; `WS-4' is the Certified Receipt for the Code Board Hearing; `WS-5 is the United States Postal Service website printout; `WS-6' is the Affidavit of Posting for the Hearing." Continuing with the presentation of the Case, Inspector Flannigan stated, "The original Hearing was on July 17th, 2012; the Order of the Board was returned to the City Clerk's Office unclaimed; there has been no contact with the owners; Notice of Hearing was mailed on August 30th, (2012); Notice was left on September 11th, 2012 by the Post Office; property was posted with Notice of the Hearing on August 29th, 2012 by myself. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 18,2012 PAGE 19 OF 21 Notices were mailed to the Tradewinds (Road) address, which was listed on the Property website at the time. According to - the Property Appraiser's Office, the 773. address was changed on September 10th when they received tax updated information — that is being presented into Evidence from whenever I mailed the Notice of Violation out; 1 ""_ that is presented into Evidence as `WS-7'; and `WS-8', showing that the Property Appraiser showed the Testerman's as the owner of the property, as of August 29 th �d.Rdeiti4., I observed that there was a box trailer in the driveway; that has since been removed by the owner of the trailer. There was junk and debris in the driveway and in the backyard area. There's also a pool that was stagnant and overflowing. The only enclosure was the fence, which the City had secured. The pool has since been drained and covered; there are areas of the house that have no protective treatment applied; there are several accessory structures on the property that are falling apart and the side walls are falling down." Further discussion ensued on the accessory structures, junk and debris in the driveway, and the pool. Inspector Flannigan then noted, "The pool has been drained and the City has hired a company that covered the pool to HUD (U.S. Department of Housing and Urban Development) standards. Discussion. For the recommendation, Inspector Flannigan stated, "I am requesting that the original Order be entered as a Lien. The only, actual Violations that are still existent are City Ordinance 13-2. Junk and Debris, International Property Maintenance Code 304.2 Protective Treatment, and IPMC (International Property Maintenance Code) 302.7 accessory structures. The other ones have been resolved. The pool and the covering have been resolved by the City and a Lien has been filed against the property." Further comments. Board Member Wentz, asked"The ownership didn't change, when talking to the Property Appraiser,just the address for them?" Inspector Flannigan replied, "Correct. They went from showing 245 East Tradewinds (Road) as their home address to a P.O. (Post Office) Box in Oviedo." Discussion. Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NONCOMPLIANCE AND THAT THE PENALTY SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER KELLY. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 18,2012 PAGE 20 OF 21 77 VOTE: , BOARD MEMBER KELLY: AYE " r BOARD MEMBER WENTZ: AYE .�af' CHAIRPERSON WOOD: AYE .: VICE CHAIRPERSON FISHER: AYE ..:a BOARD MEMBER CALHOUN: AYE MOTION CARRIED. rm� PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES 503.4 Code Enforcement Division—Police Department CASE #12-0027649 Daniel White 45 South Edgemon Avenue Winter Springs,Florida 32708 Sec. 13-2. Junk And Debris Sec. 6-195. Maintenance Of Fences Or Walls Original Hearing July 17,2012 Date Of Service: September 6, 2012 Inspector—Chris Deisler Captain Deisler presented the Case and submitted into Evidence "`WS-1, which is our CD (Compact Disc) that we presented earlier; `WS-2' is my Affidavit of Posting; `WS-3' reflects the U.S.P.S. (United States Postal Service) Certified Mail delivery receipt; 'WS- 4' reflects the United States Postal Service tacking and confirmation information. On March 29th, 2012 I noticed this property contained excessive junk and debris; sections of the fence falling down and a general state of disrepair. The original Hearing for this property was heard on August 21St. Officer Flannigan presented for me in my absence. With a Finding of Fact, compliance time was afforded to the owner at that time. The Notice of Non-Compliance Hearing was mailed and property was posted on September 6th, 2012 by Officer Flannigan. The home is in worse condition than when it was originally cited." Photographs were shown and discussion ensued on the Violations. Captain Deisler then noted, "The owner was given ten (10) days to comply. There has been no improvement and I don't anticipate any. I am recommending that, that two hundred and fifty dollar ($250.00) a day Fine be calculated retroactive to August 18th, be recorded as a Lien." Discussion. Note: The Respondent was not present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—SEPTEMBER 18,2012 PAGE 21 OF 21 '_ MAL "I MOVE TO FIND THE PROPERTY IN NONCOMPLIANCE AND THAT THE >•.4.T PENALTY SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY VICE CHAIRPERSON FISHER. DISCUSSION. VOTE: BOARD MEMBER KELLY: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT Chairperson Wood opened "Public Input" No one addressed the Code Enforcement Board. Chairperson Wood closed "Public Input" Related to other Code Enforcement Board business, Inspector Flannigan referenced `502.4' and stated "The Affidavit of Posting has 895 Turkey Hollow. It is actually 985 Turkey Hollow. That was my typo. I just wanted to make sure that was on Record that the property that was actually posted was 985 (Turkey Hollow)." ADJOURNMENT Chairperson Wood Adjourned the Regular Meeting at 6:38 p.m. RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were Approved at the ,2012 Code Enforcement Board Regular Meeting.