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HomeMy WebLinkAbout2013 03 26 Consent 200 Unapproved Regular Meeting Minutes from February 26, 2013 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 26, 2013 =La T•+�,µA'��3A CALL TO ORDER The Regular Meeting of Tuesday, February 26, 2013 of the Code Enforcement Board was called to Order by Chairperson Laura-Leigh Wood at 5:31 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, absent [Excused] Board Member Gregg Roero, present Board Member Jim Wentz, arrived at 5:33 p.m. Assistant City Attorney Kate Latorre, present Assistant to the City Clerk Sean Beaudet, present Assistant to the City Clerk Sarah Hart, present Related to absences, Chairperson Wood asked if there was any contact from Board Members Marvin Kelly and Jim Wentz. Assistant to the City Clerk Sean Beaudet stated, "Mr. Wentz emailed me that he would be running a little late, but he should be here." Chairperson Wood added "Then he is excused." Note: The following issue was discussed further on page 26. As Mr. Beaudet had not heard from Board Member Kelly, Chairperson Wood noted that he would be marked as unexcused. Board Member Jim Wentz arrived at 5:33 p.m. A moment of thanks was held for U.S. troops abroad, followed by the Pledge of Allegiance. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 26,2013 .� PAGE 2 OF 27 REGULAR AGENDA- PART I =- REGULAR 600. Office Of The City Clerk Requesting The Code Enforcement Board Elect A Chairperson For 2013. ,.b ADDRESSING CHAIRPERSON WOOD, "I MAKE A MOTION THAT WE KEEP YOU (AS CHAIRPERSON)." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. CHAIRPERSON WOOD ASKED "ARE THERE ANY OTHER NOMINATIONS?" VICE CHAIRPERSON FISHER SAID "I MOVE THE NOMINATIONS BE CLOSED." VOTE: 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. Chairperson Wood thanked everyone and said, "We hope to continue our work and help the citizens of the City of Winter Springs." REGULAR 601. Office Of The City Clerk Requesting The Code Enforcement Board Elect A Vice Chairperson For 2013. Chairperson Wood asked for a nomination for Vice Chairperson. "MOTION FOR MR. FISHER." MOTION BY BOARD MEMBER ROERO. SECONDED BY CHAIRPERSON WOOD. DISCUSSION. WITH NO OTHER NOMINATIONS BROUGHT FORTH, CHAIRPERSON WOOD ASKED VICE CHAIRPERSON FISHER, "DO YOU ACCEPT IT?" VICE CHAIRPERSON FISHER REPLIED, "YES". CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 26,2013 PAGE 3 OF 27 ?�} VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE g *r BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE `^ CHAIRPERSON WOOD: AYE MOTION CARRIED. Vice Chairperson Fisher thanked everyone. 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 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The November 20, 2012 Code Enforcement Board Regular Meeting Minutes. Chairperson Wood asked, "Do I have a Motion to approve the Minutes of November 20th, 2012 Code Enforcement Board Regular Meeting?" "SO MOVED". MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 26,2013 PAGE 4 OF 27 AWARDS AND PRESENTATIONS RTZzi7.1 AWARDS AND PRESENTATIONS ~ 300. Not Used ; x •❖ AGENDA NOTE: "PUBLIC INPUT" WAS DISCUSSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. •:•• PUBLIC INPUT Chairperson Wood opened"Public Input". No one addressed the Code Enforcement Board. Chairperson Wood closed"Public Input". REPORTS REPORTS 400. Office Of The City Attorney No Report. REPORTS 401. Code Enforcement Division Captain Chris Deisler, Code Enforcement Division, Police Department requested the Code Enforcement Board first hear REGULAR Agenda Items "602" and "603"; PUBLIC HEARINGS — NEW CASES "502.2"; and PUBLIC HEARINGS — NON COMPLIANCE "503.5"to accommodate the Respondents in attendance. No Code Enforcement Board Members noted any objections. Next, Chairperson Wood acknowledged City Commissioner Pam Carroll who was in attendance. Following, Captain Deisler mentioned the On-Street Parking Moratorium that went before the City Commission the previous night; and that the City Commission will be holding a Workshop regarding On-Street Parking on Monday, April 15th, 2013 at 6:00 p.m. Discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—FEBRUARY 26,2013 ,,,� PAGE 5 OF 27 rte,_..-. Chairperson Wood then asked about the Noise Ordinance, to which Captain Deisler mentioned that it had been approved the previous night at the City Commission meeting, »:::•w and he gave a synopsis of situations related to consultations, training, and equipment needed for the Police Department. REPORTS w. 402. Office Of The City Clerk No Report. REPORTS 403. Code Enforcement Chairperson Chairperson Wood mentioned the recent cancelled Code Enforcement Board meetings which probably saved the City some money. REPORTS 404. Code Enforcement Vice Chairperson No Report was given. REPORTS 405. Code Enforcement Board Members No Report. ❖❖ AGENDA NOTE: "PUBLIC INPUT" WAS OPENED AGAIN, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. ❖❖ PUBLIC INPUT Chairperson Wood opened"Public Input". At this time, Captain Deisler also referenced the recent cancelled Code Enforcement Board meetings and mentioned they were cancelled because they did not have Cases to bring before the Board. Captain Deisler then asked for the Board Member's opinions on how these meetings are running, and if they had any suggestions for improvements. Chairperson Wood stated, "I find that it is much more time effective. We don't need to be here for two (2) days on Cases. So, I thank you very much." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 26,2013 PAGE 6OF27 '"" Vice Chairperson Fisher said "I am extraordinarily pleased with the way the process has been streamlined, both by the City Staff and the Attorney. I am just delighted that we are able to be able to hear the Cases that we have, in the amount of time. It has gotten much more efficient. As to the meetings that we have not had, I think it's very good that if we, in the interest in efficiency, if we don't need to meet, we don't need to meet." Chairperson Wood asked Board Member Wentz "You have been on this Board for a very long time as well, you have seen a contrast. What are your thoughts?" Board Member Wentz replied"It seems to be working fine. It's definitely an improvement." Board Member Roero added, "The way the Board is working is very effective." Board Member Calhoun nodded in agreement. Captain Deisler said, "We appreciate it. Please let me make sure you all firmly understand this — a lot of what you are seeing happened is because of them (Code Enforcement Staff). Not because of me. They are the ones who are really out here doing the majority of what we do and chewing on this every day. Of course, I can facilitate, but I rely heavily upon their input and without it, we would not have this process they way it goes now. So, I want to make sure I portray that to you." No one else spoke. Chairperson Wood closed"Public Input". 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 CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 26,2013 PAGE 7 OF 27 . ram TJ t,.•r:cir. , REGULAR AGENDA— PART II REGULAR 602. Code Enforcement Division—Police Department SR Case# 11-0026800 Federal National Mortgage Association/Fannie Mae 601 Marlin Road Winter Springs, Florida 32708 Sec. 2-61.5. Application For Satisfaction Or Release Of Code Enforcement Liens. Non-Compliance Hearing Date: December 20,2011 Inspector: Jim Flannigan And Community Development Department Corporal Jim Flannigan, Code Enforcement Division, Police Department presented the Case and submitted into Evidence "`WS-1', which is going to be in all of the PowerPoints (Presentations) on a CD (Compact Disc) for you this evening." Corporal Flannigan noted that the Non-Compliance Hearing Date should not be in the Title on the PowerPoint Presentation. Chairperson Wood said "We will just strike that." Continuing with the presentation, Corporal Flannigan stated "This Violation was first presented to the Code (Enforcement) Board at the October 18th, 2011 Hearing. It was found in Violation. The Order of the Board stated that the Violations were to be corrected by November 1st, (2011). The Code Enforcement Board found the property in Non- Compliance on December 20th, (2011). The Owner of Record at that time was William Riggins. The Owner now is Federal National Mortgage (Association). The Affidavit of Compliance, when the Violations were corrected, was done by me on April 1St, 2012. The Seminole County Public Record shows that Federal National Mortgage (Association) applied for Certificate of Title on November 2012 according to Seminole County Property Appraiser website." Chairperson Wood asked when Federal National Mortgage actually obtained the Certificate of Title. Corporal Flannigan noted"November 11th, (2012)." Discussion. Photographs were shown from the PowerPoint Presentation. Further comments. Next, Corporal Flannigan explained, "The amount of the Lien from November to April, would have been thirty-eight thousand two hundred and six dollars and eighty-two cents ($38,206.82). The Community Development Division is recommending that the Lien not be reduced any further than seven hundred and six dollars and eighty-two cents ($706.82), which covers the cost incurred by the City. This based on the problem was corrected prior to Federal National taking possession of the property." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 26,2013 71 PAGE 8 OF 27 Inspector Christi Flannigan, Code Enforcement Division, Police Department added, "The v_.. R way that we have come up with the seven hundred and six dollars (and eighty-two cents) ($706.82), is that we take anything the Public Works has done—if we put a lock on it, or we repair the gate. Inspector Christi Flannigan, Code Enforcement Division, Police Department added, "The ''; way that we have come up with the seven hundred and six dollars [and eighty-two cents] = =u; ($706.82), is that we take anything the Public Works has done— if we put a lock on it, or we repair the gate." Further discussion ensued on how the amount was determined by Staff and the Certificate of Title. Ms. Beth Duff Repair Coordinator, Coldwell Banker, 2160 West State Road 434, Unit 100, Longwood Florida: said, "We got the assignment on October 1st. By that, sometimes the bank will give us the assignment before the actual Certificate of Title is issued maybe the Clerk—it takes a while for them to issue the Title. The Certificate of Sale might have been Recorded and usually there is a gap. But, they did take Title to the property on November 11th. When we got the assignment, that day or the next day we go to the property and we noted that the pool was covered. I don't know if the gate was broken that day or not." Corporal Flannigan noted "We have been going back and forth with emails and stuff, the only date that we can come up with — apparently around March or April is when it was covered. But, due to the fact that our rules change—we don't go out there on a daily basis to check for the pool. I used April 1st as a guideline, just put it down as April 1st correction date." Continuing Ms. Duff added, "There was a Servicing Lender that had sent me an email saying it was covered up sometime between mid-February and May 1St, or something like that. But, we couldn't prove exactly what day. We are intending on putting the house on the market as soon as we get all this resolved. There were a couple of other liens, for lot clearing, that we have already taken care of. We also this week are going to be taking care of another small issue that Christi (Flannigan) asked us to take care of, as far as repairing some soffits. We got approval for that this morning. And as soon as we get all that taken care of, we'll know what we can put it on the market for." Chairperson Wood inquired about the value of the property, to which Ms. Duff believed it was "Probably less than a hundred thousand. I was going to say eighty to ninety maybe." Lastly, Chairperson Wood inquired what Fannie Mae was requesting and Ms. Duff replied "To cover the City's costs of seven hundred and six dollars and eighty-two cents ($706.82). That is our request." Discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—FEBRUARY 26,2013 PAGE 9 OF 27 "I MOVE TO RECOMMEND TO THE CITY COMMISSION THAT WE REDUCE THE LIEN TO SEVEN HUNDRED AND SIX DOLLARS AND EIGHTY-TWO CENTS ($706.82)." MOTION BY VICE CHAIRPERSON FISHER. SECOND BY BOARD MEMBER ROERO. DISCUSSION. .�y R VOTE: _u BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. REGULAR 603. Code Enforcement Division—Police Department Case# 11-0026940 Federal National Mortgage Association/SunTrust Bank 744 Sherwood Drive Winter Springs, Florida 32708 Sec. 2-61.5.Application For Satisfaction Or Release Of Code Enforcement Liens. Non-Compliance Hearing Date: January 17,2012 Inspector: Christi Flannigan And Community Development Department Inspector Flannigan presented the Case and noted, "Violation was first presented to the Code (Enforcement) Board on November 15th, 2011. It was found in Violation. The Order of the Board stated the Violations to be corrected by November 30th, 2011 or one hundred dollars ($100.00) a day Fine imposed. Code Enforcement Board found the property in Non-Compliance on January 17t n, 2012. The Owner of Record at the time was Manual Sarnes. The Owner of Record on February 25th is SunTrust Mortgage. Affidavit of Compliance was issued on November 16th, 2012. The Seminole County Public Records show that Federal National Mortgage/SunTrust applied for Title in June 2012." Photographs were shown from the PowerPoint Presentation. Discussion. Next, Inspector Flannigan explained that "The amount of the Lien is approximately thirty-five thousand nine hundred and sixty-five dollars and fifty-two cents ($35,965.52) as of February 20, 2012. Community Development and Staff is recommending the Lien not be reduced any further than one thousand sixty-five dollars and fifty-two cents ($1,065.52)which covers the costs that were incurred by the City." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 26,2013 PAGE 10 OF 27 Ms. Tiffany Christiansen, 672 Wishaw Lane, Winter Springs, Florida: said, "The COT (Certificate of Title) was placed in Fannie Mae/SunTrust name June 12th, 2012. We " `= received the property November 22n1, 2012 to start property management. We resolved the issues. We're just looking for a price reduction, or a reduction in the Lien." Chairperson Wood asked, "The same as the City is recommending?" Ms. Christiansen replied"Yes". "I MOVE TO RECOMMEND THAT THE CITY COMMISSION REDUCE THE LIEN TO ONE THOUSAND SIXTY-FIVE DOLLARS AND FIFTY-TWO CENTS ($1,065.52)." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.2 Code Enforcement Division—Police Department Case# 12-0028309 Bartlomiej Nowotynski 51 South Fairfax Avenue Winter Springs, Florida 32708 IPMC 304.13 Window, Skylight, and Door Frames. Date Of Service: February 1,2013 Inspector: Christi Flannigan Inspector Flannigan presented the Case and noted the Violation "Was first observed with the front windows being broken on the side of the window of the garage on September 26th, 2012. Notice of Violation was mailed October 4th, 2012; delivered October 9th, 2012; Posted at the property on November 141h, (2012)." At this point, Inspector Flannigan submitted into Evidence "`WS-1', which is the CD (Compact Disc), `WS-2' is the United States Postal Service confirmation that the Notice of Violation was delivered, ["WS-3"] Affidavit of Posting for the Notice of Code Violation, ["WS-4"] the United States Postal Service delivery notification, and ["WS-5"] the Affidavit of Posting for Code (Enforcement) Board." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 26,2013 PAGE 11 OF 27 Continuing with the presentation, Inspector Flannigan stated "The only contact that I had -.... at the time, was a message that was left stating that he corrected the window on the side of the house; and that he corrected it and was not going to remove the board —there is a board that is over half of it. Notice of Hearing was mailed on February 1St, 2013. It was r, delivered February 5th, 2013 and Posted at the property on January 29th, 2013. 4, y° Photographs were shown from the PowerPoint Presentation. Discussion. Inspector Flannigan recommended "The owner be given until March 15th, 2013 to correct the window. If found in Non-Compliance, a Fine of a hundred dollars ($100.00) a day be imposed retroactive to February 26th, 2013." Mr. Bartlomiej Nowotynski, 51 South Fairfax Avenue, Winter Springs, Florida: explained "The message that was left on Inspector Flannigan's message was, not that I wouldn't remove the board, but I wasn't sure because the point that I got the Notification, the window was fixed. I fixed it along with the side door that is there. You really can't see it in the picture. I have different pictures showing that it looks broken, but the window is fixed. The question I left on Inspector Flannigan's message was if the board is the problem, if I need to take it out, because my garage — I really don't want people looking in there." Mr. Nowotynski presented some photographs and stated, "This first picture basically shows that the window is fixed, you just can't tell. There is no glare. Pretty much the same angle as it is in there." Assistant City Attorney Latorre noted, We've mark that respondent Exhibit A". Chairperson Wood said, "So `RA'." Continuing, Mr. Nowotynski commented, "Now the second two (2) pictures basically show that there is a glare off that window. The window is there in fact. The board is in the background." Chairperson labeled the photo `RB'. Next, photograph `RC' was presented and Mr. Nowotynski said, "It shows reflection that there is glass and it has been repaired." Chairperson Wood inquired "The window is repaired, but you have some wood behind it. I'm thinking that may be the issue." Mr. Nowtynski replied "Well the Violation said it was a broken window. I called Inspector Flannigan to double check if the board was the issue." Regarding whether a board inside your window was a Code Violation, Inspector Flannigan remarked, "If it is an occupied structure according to IPMC (International Property Maintenance Code) it's not supposed to be boarded. Chairperson Wood asked "So, what is the City asking for?" Inspector Flannigan answered, "Well, in light of his photos where I can't see and approach the property, the Case would need to be dismissed." Assistant City Attorney Latorre asked "Have you observed that it is fixed, personally?" Inspector Flannigan noted "I've been over there a couple times and where I can be, I can't see that it is fixed." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—FEBRUARY 26,2013 PAGE 12 OF 27 Chairperson Wood then asked "Can you give her permission to be on the property?" Mr. Nowotynski replied "Definitely". Further discussion. "I MAKE A MOTION WE JUST DISMISS IT NOW." MOTION BY BOARD MEMBER WENTZ. SECONDED BY VICE CHAIRPERSON FISHER. DISCUSSION. ASSISTANT CITY ATTORNEY KATE LATORRE NOTED "THAT IS AN OPTION—THE MOTION THAT WAS JUST MADE TO DISMISS THE CASE IS AN OPTION; IF THE BOARD BELIEVES, BASED ON THE EVIDENCE THAT YOU'VE SEEN THAT IT IS FIXED TONIGHT. IF YOU ARE COMFORTABLE WITH THAT,YOU CAN DISMISS THE CASE." BOARD MEMBER GILTZ STATED, "THE WINDOW IS FIXED. NOW, IS THERE A PROBLEM WITH HAVING THE BOARD COVERING THE WINDOW? IS THAT A VIOLATION?" DISCUSSION. Tape 1/Side B ASSISTANT CITY ATTORNEY LATORRE REPLIED, "THE OTHER OPTION — THE ALTERNATIVE TO THE MOTION THAT WAS JUST MADE, IS TO MAKE A FINDING OF A VIOLATION AND GIVE HIM TEN (10) DAYS TO FIX IT; AND SHE (INSPECTOR FLANNIGAN) CAN GO OUT TOMORROW AND INSPECT IT; AND IF IT'S FIXED, THE LIEN IS NEVER ENTERED. YOU WOULD BRING IT BACK FOR COMPLIANCE IN A MONTH, OR NEXT TIME THAT WE MEET, AND IF IT IS NOT FIXED, HE HAS UNTIL WHATEVER DAY YOU GIVE HIM TO FIX IT." DISCUSSION ENSUED ON THE PROCESS FOR REPEAT VIOLATIONS. CHAIRPERSON WOOD SAID TO THE RESPONDENT, "THAT WOULD BE FAIR THOUGH FOR US TO HAVE HER (INSPECTOR FLANNIGAN) GO BACK OUT. WOULD THAT BE FAIR TO YOU?" MR. NOWOTYNSKI REPLIED, "OF COURSE." DISCUSSION. VICE CHAIRPERSON FISHER ADDED, "MY POSITION AT THIS POINT IS THAT BASED ON THE PHOTOGRAPHS AND THE EVIDENCE THAT I HAVE SEEN, THE VIOLATION HAS BEEN CORRECTED." FURTHER DISCUSSION FOLLOWED ON CONSENSUS. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD ..•�, , REGULAR MEETING-FEBRUARY 26,2013 PAGE 13 OF 27 f. •< ',':1 VOTE: . ,I BOARD MEMBER ROERO: AYE .` '? BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. Chairperson Wood said to Mr. Nowotynski, "It is dismissed. Thank you for coming in this evening and we appreciate you being here." PUBLIC HEARINGS-NON COMPLIANCE 503.5 Code Enforcement Division—Police Department CASE # 12-0028054 Ben Blackman 54 South Edgemon Avenue Winter Springs, Florida 32708 Sec. 13-2. Junk And Debris Original Hearing: September 18, 2012 Date Of Service: February 1,2013 Inspector: Christi Flannigan This Case began with Inspector Flannigan entering into Evidence "`WS-1', which is the CD (Compact Disc), `WS-2' is the signed Return Receipt for the Order of the Board from the original Hearing, `WS-3' is the Affidavit of Posting for Code Board Hearing, and [`WS-4'] the print out from the United States Postal Service." Continuing, Inspector Flannigan stated, "Case was originally presented to the Code Board on September 18th, 2012 and the property was found in Non-Compliance, in an Order of the Board issued, giving the owner until October 12th, 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. There had been contact with the Owner of Record. Notice of Hearing was mailed on February 1st, 2013; Posted at the property on January 29th, 2013." Photographs were shown from the PowerPoint Presentation. Discussion. Inspector Flannigan commented, "In regards to this Case, I am recommending the Original Order be entered as a Lien." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 26,2013 PAGE 14 OF 27 Mr. Ben Blackman, 54 South Edgemon Avenue, Winter Springs, Florida: stated, "Originally I wasn't exactly, really sure—what's considered junk and debris—I've gotten rid of most of that. But, there is not one item that is junk or debris on the side of my house. Everything that is on the side of my house has to do with my work—my means of _ income. I'm a mason. The scaffold is gone, this yellow mixer is gone, then we have trash can, trash can, recycle bin — that is not trash or debris. That blue tarp right there — those are my scaffold planks that I keep covered. All of these items, I pretty much move almost daily. At least every two (2) to three (3) days. Most of the time, I have two (2) vehicles parked in front of there. There is not a single item of trash or debris in that picture." With discussion on photographs, Inspector Flannigan conferred with the Respondent regarding a photograph on his personal camera. Board Member Roero explained to Mr. Blackman in relation to the equipment, "It's too open. There is too much there and it's an eyesore for the rest of the neighbors, even though it is important to you" and offered possible solutions. Inspector Flannigan offered some solutions. Mr. Blackman said that he and his wife were considering, "A wooden fence. From the corner of the house right here — from there, over, and back. The palm tree I'm taking out also. But, a fence from there to there and back." Chairperson Wood added "With a big gate". Mr. Blackman replied, "A big gate. I could open it up and come back. We are discussing actually doing that within the next couple of weeks." Board Member Wentz said, "Mr. Blackman, if we gave you a thirty (30) day window to put up a fence, would that be enough time?" Mr. Blackman replied "That could work. But I have to have a Permit to do that, right? And the time to get a Permit — it takes a little bit." Captain Deisler said that Mr. Blackman would need a Permit and offered "I will do whatever I can to help facilitate the Permitting through the City. I'll do the best I can. I won't make any promises, but I'll do what I can." Discussion. In regards to the thirty (30) day timeframe, Assistant City Attorney Latorre remarked, "If thirty (30) days ends up not being enough and that is what the Board approves, come back and show that you are making a reasonable effort and I'm sure that the Board will continue to work with you." Further comments. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 26,2013 , PAGE 15 OF 27 "I MOVE TO FIND THE PROPERTY IN NON-COMPLIANCE AND THAT HE (BEN BLACKMAN) BE GIVEN THIRTY (30) DAYS TO BRING THE 4 PROPERTY INTO COMPLIANCE." MOTION BY VICE CHAIRPERSON FISHER. CHAIRPERSON WOOD COMMENTED, "THE MOTION IS TO ALLOW MR. BLACKMAN THIRTY (30) DAYS TO BRING THE PROPERTY IN COMPLIANCE—TO CORRECT THE VIOLATIONS IN THIRTY(30) DAYS." SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. Additionally, Captain Deisler mentioned that he just spoke to Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department and noted, "If he'll (Mr. Blackman) stay in contact with Inspector Flannigan, we can get that permitting process moving." PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS-NEW CASES 502.1 Code Enforcement Division—Police Department CASE # 12-0028385 Steven And Kimberly Kerns, Chase, Federal National Mortgage Association 1637 Tiverton Avenue Winter Springs, Florida 32708 Sec. 13-2. (e) Stagnant Pool. Sec. 13-2. Junk And Debris. IPMC 303.2 Enclosures. Date Of Service: February 1, 2013 Inspector: Christi Flannigan Inspector Flannigan presented the case and submitted into Evidence "`WS-1, which is the CD (Compact Disc), `WS-2' is the Affidavit of Posting for Notice of Violation, `WS-3' is the United States Postal Service mailing for the Notice of Code Violation, `WS-4' is the Affidavit of Posting for the Code Board Hearing, `WS-5' is United States Postal Service showing delivery." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 26,2013 PAGE 16 OF 27 Continuing, Inspector Flannigan noted, "After receiving a complaint from the neighbor about junk and debris in the backyard; and a stagnant pool; and the pool enclosure being broken—when I inspected the property from the Easement way behind the house, I found all of these Violations. Notice of Violation was mailed October 17, 2012 to all the persons and businesses. Notice was also posted at the property on November 14th, 2012. The Owner of Record, the Kerns, have made no contact. Chase and (Federal) National Mortgage Bank were notified — for them filing the Lis Pendens on January 7th, 2010 according to the (Seminole County) Clerk's Office records. The Notice of Hearing was Posted at City Hall and the property on January 29th, 2013. It was also mailed to all three (3)parties on February 1st, 2013." Photographs were shown from the PowerPoint Presentation. Discussion. Chairperson Wood inquired if the property was occupied, to which Inspector Flannigan confirmed that it was occupied. Inspector Flannigan also mentioned that the pool enclosure screen door does not lock, the pool is stagnant, and there was junk and debris in the backyard. Inspector Flannigan then recommended "The owners be given until March 15th, (2013) to correct the Violations. If found in Non-Compliance, a Fine of a hundred dollars ($100.00) be imposed retroactive to February 26th, 2013." Discussion ensued on not having to list the Real Estate Agents of properties in the City of Winter Springs. Vice Chairperson Fisher further inquired if the occupants of the property were the Owners of Record. Inspector Flannigan did not know for certain, but believed after speaking with the neighbors,that it was Steven and Kimberly Kerns. Discussion ensued on the Lis Pendens definition and process; the pool enclosure not being secure; and the different options available to bring the property into Compliance. Chairperson Wood asked, "Has the City thought about having a requirement to register properties?" Assistant City Attorney Latorre answered, "There is no discussion of it..." Chairperson Wood suggested, "...That might be something that you may want to do. Other cities are required." Assistant City Attorney Latorre remarked, "We have those Ordinances in some of the other cities we work with and they have proved helpful. I don't know that it has ever been discussed; I just don't have personal knowledge. I can check into it." Further comments followed on the property being a public safety and health issue; actions historically taken by the Code Enforcement Board regarding stagnant pools; and options available.' Note: The Respondent was not present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 26,2013 PAGE 17 OF 27 "I MOVE TO FIND THE RESPONDENT IS IN VIOLATION OF THE CITY CODE AND THAT A FINE IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS ($250.00) FOR THE FIRST DAY AND TWO HUNDRED FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED; AND THAT A LIEN WILL BE IMPOSED IMMEDIATELY. FURTHER, THE VIOLATIONS CONSTITUTE 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." MOTION BY VICE CHAIRMAN FISHER. VICE CHAIRMAN FISHER THEN NOTED, "I WITHDRAW THE SECOND PARAGRAPH AND STATE `FURTHER THE VIOLATIONS CONSTITUTE A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE'." SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. Further discussion. Chairperson Wood called a Recess at 6:58 p.m. The Regular Meeting reconvened at 7:06 p.m. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 26,2013 PAGE 18 OF 27 PUBLIC HEARINGS-NEW CASES g4 502.3 Code Enforcement Division—Police Department # 12-0028217 King And Sindy Smith 130 East Bahama Road Winter Springs,Florida 32708 Sec. 13-2. Junk And Debris. Date Of Service: February 1,2013 Inspector: Christi Flannigan Related to this Case, Inspector Flannigan submitted into Evidence "`WS-1' is the CD (Compact Disc) of the presentations, `WS-2' is the Affidavit of Posting for the Notice of Violation, `WS-3' is the United States Postal Service print out, `WS-4' is the United States Postal Service for the second Notice of Code Violation, `WS-5' is United States Postal Service webpage for the Code Board Hearing, `WS'6" is the Affidavit of Posting for Code Board Hearing. On August 27th, (2013), I observed large piles of junk and debris in the yard and in the driveway. There is a large, broken metal carport lying in the driveway with parts of the roof missing. Notice of Violation was mailed on September 5th, 2012 and November 5th, 2012. United States Postal website shows that the one from September was delivered. The Notice was also Posted at the property on January 8th, 2013. The Owner has called several times with different reasons on why the work is not being done at the property. Notice of Hearing was mailed on February 1St, 2013 and also Posted at the property on January 29th, 2013." Photographs were shown from the PowerPoint Presentation. Discussion. Inspector Flannigan recommended, "The Owner be given until March 15th to correct the Violations. If found in Non-Compliance, a Fine of a hundred dollars ($100.00) be imposed retroactive to February 26t , 2013." Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENTS, KING AND SINDY SMITH, IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENTS BE GIVEN UNTIL MARCH 15 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE OF ONE HUNDRED DOLLARS ($100.00) PER DAY, RETROACTIVE BACK TO FEBRUARY 26TH, (2013), FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 26,2013 PAGE 19 OF 27 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 THAT 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 BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: 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. ❖• PUBLIC HEARINGS - NEW CASES PUBLIC HEARINGS-NEW CASES 502.4 Code Enforcement Division—Police Department CASE # 12-0028658 Joan M. Dye 644 Silver Creek Drive Winter Springs, Florida 32708 Sec. 13-2. Junk And Debris. Sec. 6-195. Maintenance Of Fences Or Walls. Date Of Service: February 6, 2013 Inspector: Jim Flannigan Corporal Flannigan introduced the Case and noted the Agenda Item Wording on the Case should show Violation of Sec. 20-411. Trailers in residential areas., not Sec. 6-195. Maintenance of Fences or Walls. In addition, Corporal Flannigan said, "The Notice does state `20.411 Trailer'. Chairperson Wood said "We're going to strike on our Agenda here. We're going to strike Section 6-195 and we're going to replace it with Section 20-411 for the Record." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—FEBRUARY 26,2013 PAGE 20 OF 27 ,dr., Continuing, Corporal Flannigan submitted into Evidence "`WS-2', which is the NCV g (Notice of Code Violation) delivery notice; `WS-3', which is the Code Board Notice delivery; and the Affidavit of Posting, `WS-4', for City Hall and Posting of the property. - On December 7th, 2012, I observed that a utility trailer that was parked next to the driveway for several weeks without indication that it had been moved. I also observed a large tarp covering a pile of unknown debris. A written Notice was Posted on the property door explaining the Violations and the corrective action. On December 19th, 2012 the property was re-inspected and failed. Notice of Code Violation was Certified Mailed and delivered on December 21st, 2012. There has been no contact with anyone at the property. On February 4th, 2013 the property was re-inspected. No indication to resolve the Violation was observed. The Code Board Notice was Certified mailed on February 4th, 2013 and was signed for on February 6th, 2013. There has been no contact with Joan Dye, or anyone at the property for the Violations. The property was Posted with Notice of Code Board Hearing on February 14th, 2013." Photographs were shown from the PowerPoint Presentation. Discussion. Corporal Flannigan said "I am recommending a Fine of fifty dollars ($50.00) a day, recommended for this Violation, if not resolved by March 8th, 2013 and retroactive to today February 26th, if it is not corrected by March 8th." Note: The Respondent was not present. Tape 2/Side A "I MOVE TO FIND THE RESPONDENT, JOAN DYE, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MARCH 15, (2013) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) FOR THE FIRST DAY AND ONE HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD *v « REGULAR MEETING-FEBRUARY 26,2013 PAGE 21 OF 27 PUBLIC HEARINGS AGENDA- NON-COMPLIANCE CASES PUBLIC HEARINGS-NON-COMPLIANCE 503.1 Code Enforcement Division—Police Department CASE # 12-0028348 Venetian Enterprises LLC C/O Crescent Properties 260-360 East State Road 434 Winter Springs, Florida 32708 Sec. 16-57. Prohibited Signs. Sec. 13-2 Junk And Debris. IPMC 302.3 Sidewalks and Driveways. Original Hearing Date: November 20,2012 Date Of Service: February 16, 2013 Inspector: Jim Flannigan Corporal Flannigan presented the Case and entered into Evidence "`WS-1', which is the CD (Compact Disc) of everything this evening; `WS-2', which is the original Code Board findings of Certified Mail and signed for; `WS-3' is the (Notification of) Code Board meeting this evening that confirmed delivery; and `WS-4' is the Posting of the Property and at City Hall." Continuing with the presentation, Corporal Flannigan gave a brief history of the Case and noted, "As of today, the Violations have not been corrected. The Notice of Code Board Hearing was Certified Mail on February 5th, 2013 and received on February 16th, 2013. There has been no communication from the property owners requesting any clarification or extension to correct the Violation issues." Corporal Flannigan then referenced the Code Violation definitions, showed photographs from the PowerPoint Presentation, and noted that some repairs were made, but not up to acceptable standards. Further discussion ensued on the handicapped parking spaces in the parking lot not being correctly marked, the lines were faded, and there were no signs. Corporal Flannigan noted that it was difficult to enforce parking violations due to the issues. Chairperson Wood asked "What needs to be done?" Corporal Flannigan responded, "The lines need to be painted correctly. The parking lot needs to be—basically in my opinion, the whole thing needs to be repaved to make it smooth and free from hazards. The handicapped parking spaces — you can see the curb stops in this — they are not even attached in the right spot where they need to be." Corporal Flannigan also noted there were no handicapped parking signs; there were still a large number of potholes in the parking lot, and junk and debris behind the building. In closing and in regards to the Case, Corporal Flannigan recommended, "I am just requesting the Original Order of the Board be recorded as a Lien." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 26,2013 PAGE 22 OF 27 Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON-COMPLIANCE AND THAT THE PENALTIES SET FORTH IN THE BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. PUBLIC HEARINGS-NON COMPLIANCE 503.2 Code Enforcement Division—Police Department CASE #12-0027758 Michelle And John Wess 1125 Ermine Road Winter Springs, Florida 32708 Sec. 13-2. Junk And Debris Sec. 6-217. Enclosure Required. IPMC 304.2 Protective Treatment. IPMC 304.7 Roof And Drainage. Original Hearing Date: November 20, 2012 Date Of Service: February 1,2013 Inspector: Christi Flannigan This next Case was introduced by Inspector Flannigan who submitted into Evidence `WS-2', which is the Order of the Board return receipt that was signed for; `WS-3' is the United States Postal Service website for the Notice of Code Board Hearing; `WS-4' is the Affidavit of Posting for the Code Board Hearing." Continuing, Inspector Flannigan gave a brief history of the Case and noted, "The only work that has been completed is there's new slats on parts of the fence. Notice of Hearing was mailed February 1st, 2013 and Posted at the property on January 29th, 2013." Photographs were shown from the PowerPoint Presentation and Inspector Flannigan stated, "I am recommending the Order of the Board be entered as a Lien." Note: The Respondent was not present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 26,2013 PAGE 23 OF 27 "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 CALHOUN. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE MOTION CARRIED. PUBLIC HEARINGS-NON COMPLIANCE 503.3 Code Enforcement Division—Police Department CASE # 12-0028254 Carol Browning 992 Sleeping Rock Court Winter Springs, Florida 32708 Sec. 13-2. (c) Unsafe/Unsanitary Sec. 13-2. Junk And Debris Sec. 13-2. (e) Stagnant Pool Sec. 6-217. Enclosure Required. IPMC 108.1.2 Unsafe Equipment. IPMC 108.1.3 Structure Unfit For Human Occupancy. IPMC 302.1 Sanitation. IPMC 302.3 Sidewalks And Driveways. IPMC 303.2 Enclosures. IPMC 304.6 Exterior Walls. IPMC 304.2 Protective Treatment. IPMC 304.7 Roofs And Drainage. IPMC 304.9 Overhang Extensions. IPMC 304.10 Stairways,Decks, Porches And Balconies. IPMC 304.14 Insect Screens. IPMC 304.15 Doors. IPMC 304.18 Building Security. IPMC 304.18.1 Doors. IPMC 304.18.2 Windows. IPMC 305.1 General. IPMC 305.3 Interior Surfaces. IPMC 307.3 Disposal Of Garbage. IPMC 403.5 Clothes Dryer Exhaust. IPMC 704.2 Smoke Alarms. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 26,2013 PAGE 24 OF 27 IPMC 702.3 Locked Doors. IPMC 304.13 Window, Skylight, And Door Frames. Original Hearing Date: November 20,2012 Date Of Service: February 1,2013 Inspector: Christi Flannigan Presenting this Case for consideration, Inspector Flannigan entered into Evidence "`WS- 2', which is a copy of the envelope for the Order of the Board that was returned `Undeliverable'; `WS-3' is the United States Postal Service showing the Notice being left for the Hearing tonight; and `WS-4' is the Affidavit of Posting." Further comments. Continuing, Inspector Flannigan then gave a brief history of the Case and stated "There has been no contact with the property owner. Notice of Hearing was mailed on February 1st, 2013 and Posted at the property January 29th, 2013." Photographs were shown from the PowerPoint Presentation. Inspector Flannigan mentioned "There has not been, that I can tell, any repairs done to this house at all". Inspector Flannigan said, "I am recommending the Order be entered as a Lien." Discussion. Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON-COMPLIANCE AND THAT THE PENALTY SET FORTH IN THE BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 26,2013 PAGE 25 OF 27 PUBLIC HEARINGS-NON COMPLIANCE • 503.4 Code Enforcement Division—Police Department CASE # 12-0028166 Rosemarie Palmer And Suntrust Mortgage 327 Kirkcaldy Drive Winter Springs,Florida 32708 Sec. 13-2. Junk And Debris Sec. 6-195. Maintenance Of Fences Or Walls. IPMC 304.2 Protective Treatment. IPMC 304.6 Exterior Walls. IPMC 304.7 Roofs And Drainage. Original Hearing Date: November 20,2012 Date Of Service: February 1,2013 Inspector: Christi Flannigan Inspector Flannigan began this Case by presenting into Evidence "`WS-2', which is the Return Receipt for the Order of the Board; `WS-3' is the Affidavit of Posting for the Code Board Hearing; `WS-4' is the United States Postal Service — Code Board Notice; `WS-4', I received today. It is a fax from Rosemarie Palmer, the property owner. I also spoke to her yesterday. She was requesting more time and then advised me that she does not have the funds to make any of the repairs to the property." Assistant City Attorney Latorre remarked, "We are going to submit this into the Record. So, you should all read it." Chairperson Wood inquired "Would that be `WS' or `R"'? Assistant City Attorney Latorre replied "`R'." Chairperson Wood added, "Let's strike what we said before. So, can you just write `RA' on that." Assistant City Attorney Latorre then read the letter to the Code Enforcement Board. Discussion. Inspector Flannigan continued the presentation, including a brief history on the Case, and remarked, "There has been contact from the owner and no improvement to the property. Until yesterday, I had not spoken to her at all and had any messages from her. Notice of the Hearing was mailed on February 1St, 2013 and Posted at the property January 29th, 2013." Photographs were shown from the PowerPoint Presentation and Inspector Flannigan concluded, "I am recommending the Original Order be entered as a Lien." Further discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 26,2013 PAGE 26 OF 27 ' Board Member Roero noted, "They have made some effort, but not enough. At least they could have communicated with Officer Flannigan." Board Member Wentz added, "Whether or not she has a valid sales contract — I would be willing to give a little bit of time for her to produce that, but I am talking ten (10) days. Otherwise, I think we just push forward". Options to proceed were discussed at length. "I MOVE TO FIND THE PROPERTY IN NON-COMPLIANCE AND THAT THE PENALTY SET FORTH IN THE BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER WENTZ. SECONDED BY VICE CHAIRPERSON FISHER. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. PUBLIC INPUT No one spoke. Note: The following issue was previously discussed on page 1. In other business, Chairperson Wood requested that Board Member Kelly's absence be changed to excused, being that he had attended the City Commission meeting the night before. Board Member Roero referenced the earlier Discussion related to the Code Enforcement Division being more efficient and commented, "When the Cases come before the Board, I know you have tried your best to try to alleviate the problems. I know you contact them. I know you have been doing an excellent job and when we get any kind of Cases here, I know you've tried hard not to; and you're doing an excellent job in managing what we get here." Captain Deisler thanked Board Member Roero and noted, "I would like to make sure that the proper people also get recognized, because like I said, ninety-nine percent (99%) of what goes on here is a direct result of what they do." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—FEBRUARY 26,2013 PAGE 27 OF 27 Continuing, Captain Deisler then remarked, "Is it necessary for us to itemize every Violation on the slides?" Assistant City Attorney Latorre stated, "I would recommend :) you keep that information in your presentations because it is part of the Record and it allows — I know I always do a check and balance before the meeting. It makes a better record if anyone were to appeal." Further, Captain Deisler asked, "Do they need to be read?" Assistant City Attorney Latorre said she thought that Florida Statutes required that but would check. ADJOURNMENT Chairperson Wood adjourned the Regular Meeting at 7:52 p.m. RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the ,2013 Code Enforcement Board Regular Meeting.