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HomeMy WebLinkAbout2012 11 20 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 20, 2012 CALL TO ORDER The Regular Meeting of Tuesday, November 20, 2012 of the Code Enforcement Board was called to Order by Vice Chairperson Fisher at 5:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Roll Call: Chairperson Laura-Leigh Wood, arrived at 5:33 p.m. 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, present Board Member Jim Wentz, present Assistant City Attorney Kate Latorre, present . Assistant to the City Clerk Sean Beaudet, present Related to expected absences, Assistant to the City Clerk Sean Beaudet mentioned that Board Member Carole Giltz had sent an email, and noted that Chairperson Laura-Leigh Wood should be arriving soon. Vice Chairperson Fisher noted for the Record that Board Member Giltz's absence was excused and Chairperson Wood's absence was unexcused, until her arrival. A moment of silence was held and was followed by the Pledge of Allegiance. Agenda changes were addressed next and Captain Chris Deisler, Cod� Enforcement Division, Police Department requested the Board hear Regular Item 601.1 as the first Case to accommodate the Respondent. There were no objections. Chairperson Wood arrived at 5:33 p.m. and began to Chair the meeting. Brief discussion. Assistant to the City Clerk Beaudet swore in those who would be providing Testimony during tonight's Meeting. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NOVEMBER 20,2012 PAGE 2 OF 22 INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting The Code Enforcement Board Consider And Approve The September 18,2012 Code Enforcement Board Regular Meeting Minutes. "I MAKE A MOTION TO ACCEPT THE MINUTES." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER KELLY. DISCUSSION FOLLOWED ON A REFERENCE TO BOARD MEMBER GREGG ROERO BEING ABSENT,AS NOTED IN THE BEGINNING OF THE MINUTES. CHAIRPERSON WOOD COMMENTED, "BOARD MEMBER ROERO WAS `EXCUSED'." ASSISTANT CITY ATTORNEY KATE LATORRE THEN NOTED "IF THE MOTION MAKER IS OKAY WITH IT, THE MINUTES WILL BE MODIFIED TO PROPERLY REFLECT MR. ROERO'S `EXCUSED' ABSENCE." BOARD MEMBER WENTZ STATED, "THAT IS FINE." VOTE: CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. ❖❖ 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". CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NOVEMBER 20,2012 PAGE 3 OF 22 No one addressed the Board. Chairperson Wood closed "Public Input". AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used ��• AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED IN THE ORDER,AS DOCUMENTED. •3�• REPORTS REPORTS 401. Code Enforcement Division Captain Deisler mentioned being asked by City Clerk Andrea Lorenzo-Luaces about the possibility to make a change to the day of the month that the Code Enforcement Board meets, and commented, "We change the meeting to the fourth Tuesday (of each month), starting in January (2013). The reason for that and the request was made to help facilitate the City Clerk's Office with processing of Agendas for the City Commission." Captain Deisler also noted that the Code Enforcement Division of the Police Department had no issue with a proposed change in meeting days. Chairperson Wood asked the Code Enforcement Board Members and the City Attorney's Office if they had any conflict with the suggested change in the meeting date. No issues were noted. Chairperson Wood requested Assistant to the City Clerk Beaudet to email everyone with a reminder before the January 2013 meeting, with the new meeting date. Captain Deisler suggested the City's Website was also to reflect the change. REPORTS 400. Office Of The City Attorney No Report. REPORTS 403. Code Enforcement Board Chairperson Chairperson Wood noted she had attended the City Commission Meeting the evening before and mentioned the swearing in of new Commissioner Pam Carroll. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NOVEMBER 2Q 2012 PAGE 4 OF 22 REPORTS 404. Code Enforcement Board Vice Chairperson No Report. REPORTS 405. Code Enforcement Board Members No Reports were given. REPORTS 402. Office Of The City Clerk No Report. 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 REGULAR AGENDA ITEM WAS DISCUSSED NEXT,AS DOCUMENTED. ❖❖ REGULAR AGENDA REGULAR 601.1 Code Enforcement Division—Potice Department Case# 11-0026952 Federal National Mortgage Association 708 Lakeside Drive Winter Springs, FL 32708 Sec. 2-6L5. Application For Satisfaction Or Release Of Code Enforcement Liens Non-Compliance Hearing Date: Jan. 18,2012 Inspector: Christi Flannigan And Community Development Department Inspector Christi Flannigan, Code Enforcement Division, Police Department presented this Case. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NOVEMBER 20,2012 PAGE 5 OF 22 Beginning her presentation, Inspector Flannigan stated, "The Violation was first observed on August 29th, 2011. There were several containers of oil stored outside of the garage. There were holes in the exterior walls. The Order of the Board stated the Violations were to be corrected by November 30th, 2011. The Code (Enforcement) Board found the property in Non-Compliance on January 17th, 2012. The Owner of Record at that time was Kenneth Disch. Seminole County Public Records show that J.P. Morgan/Chase, whenever they purchased Washington Mutual, had filed a Lis Pendens paperwork on January 2009. The Final Judgment was filed in March of 2012. The County Property Appraiser advised me that they requested the Title Transfer in August of 2012. They didn't have an exact date to provide. There was a request to Re-Inspect on September 20th, 2012 from Home Pro Properties stating the Violations were corrected on September 9th, (2012). Affidavit of Compliance was issued for September 21s1, 2012." Discussion ensued on City Ordinance 2-61.5.; the process to reduce or release a Code Enforcement Lien; multiple factors that may affect the Code Enforcement Board's recommendation; and that the recommendation would go before the City Commission for final decision. Next, Inspector Flannigan showed photographs from "WS-1", a PowerPoint Presentation and noted previously there was significant wood rot close to the garage of the structure. Inspector Flannigan indicated that the damage had been repaired and the property had come into Compliance. Discussion. Referencing the current amount owed for the Code Enforcement Lien, Inspector Flannigan noted the amount had amounted to fifty-eight thousand, seven hundred and sixty dollars and twenty-eight cents ($58,760.28) as of October 16th, 2012. In light of a previous discussion, Inspector Flannigan remarked t�at; "Community Development Division and Staff is recommending that the Lien not be reduced any further than one thousand sixty-one dollars and ninety-two cents ($1,061.92), which covers the cost incurred by the City. This is based on the quickness of the response, once the owners transferred the Title into their naxne." Further comments. Ms. Kristina Nubaryan, Attorney, Butler and Hosch P.A., 3185 South Conway Road, Suite E, Orlando, Florida: noted that the property was transferred to Fannie Mae on August 16t", 2012. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NOVEMBER 20,2012 PAGE 6 OF 22 Chairperson Wood asked, "When was the date that the repairs were made?" Ms. Nubaryan answered, "Violation was corrected on September 7�', 2012. We actually corrected the Violation as soon as our Title Search revealed that there was a Code Violation and a Lien on the property." Chairperson Wood added, "I am in Real Estate and that is an amazing feat—to get it done that quickly. Thank you for doing that for the City. I appreciate that." Discussion. Board Member Roero asked how the Lien had accrued to such a large amount. Ms. Nubaryan explained that the repairs were made as soon as Fannie Mae took ownership and also mentioned that the property was only listed at roughly forty-two thousand dollars ($42,000.00). Also, Captain Deisler mentioned that the October 2012 Code Enforcement Board Regular Meeting has been cancelled, otherwise it would have been listed on that Agenda. Further comments. Vice Chairperson Fisher commended the mortgage company for such quick repairs to the property. Other Board Members concurred. Discussion continued. "I MOVE TO RECOMMEND THAT THE CITY COMMISSION REDUCE THE LIEN TO ONE THOUSAND SIXTY-ONE DOLLARS AND NINETY-TWO CENTS ($1,061.92)." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE MOTION CARRIED. Chairperson Wood inquired if any of the Members of the Code Enfarcement Board were required to attend a City Commission meeting for this issue. Inspector Flannigan did not believe it was necessary. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NOVEMBER 20,2012 PAGE 7 OF 22 ❖❖ AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT,AS DOCUMENTED. ❖❖ PUBLIC HEARINGS AGENDA-NEW CASES PUBLIC HEARINGS-NEW CASES 502.1 Code Enforcement Division—Police Department CASE #12-00277758 Michelle and John Wess 1125 Ermine Road* Winter Springs, FL 32708 Sec. 13-2. Junk And Debris Sec. 6-217. Enclosure Required IPMC 304.2 Protective Treatment IPMC 304.7 Roof And Drainage Date of Service: October 24, 2012 Inspector- Christi Flannigan Inspector Flannigan presented the Case and submitted into evidence, "`WS-1', the CD (Compact Disc) of presentations, `WS-2' is the Notice of Code Violation letter, `WS-3' is the Return Receipt for John Wess singing for the Notice of Violation of 6/7/2012, `WS-4' is the Affidavit of Posting for the Notice of Code Violation, `WS-5' is the Affidavit of Posting for the Code Board Hearing for tonight, `WS-6' is the Certified Mail Receipt, `WS-7' is the United States Postal.com, showing that the notice was left for Mr. Wess. Upon receiving a complaint from a neighbor, I observed that there is junk and debris in the side yard and in the driveway. A piece of wood fence is missing — that is the only enclosure for the pool. The protective treatment for the house is peeling and has a brownish colored area similar to rust or mold that is on the side of the house, that is no longer providing any kind of protection from the elements. The gutter that fell has been removed at this time, as of yesterday. Notice of Violation was mailed on June 5, 2012 to John Wess who signed for the Notice on June 7th, (2012). Notice was also posted at the residence on June 6th, 2012. The Case was previously scheduled for Code (Enforcement) Board. The Case was not heard, due to the owner indicating that there was a hardship. Corporal (Jim) Flannigan was attempting to seek assistance for the owner, but was unable to obtain any. Notice of the Hearing was mailed on October 24t", 2012. It was also posted at the property on this date. United State Postal Service website shows that the Notice was left on October 29th, 2012." Discussion ensued on the fence, fascia on the front of the house, and peeling paint. Inspector Flannigan also noted that there has been no contact with the owner at all. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NOVEMBER 20,2012 PAGE 8 OF 22 Inspector Flannigan then concluded, "In regards to this Case, I am recommending the owner be given until December 20th, (2012)to correct the Violations and if found in Non- Compliance, a Fine of two hundred dollars ($200.00) a day be imposed, retroactive to November 20th, 2012." Chairperson Wood requested that Corporal Flannigan further explain past communication efforts with the owner; to which Corporal Flannigan commented, "Last time this was brought to Code Board, we discussed it here about me offering help and have him contact me. I have received nothing from him. I had no contact with him. He never returned my calls." Discussion followed on previous stagnant pools and that the Violation had been corrected. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENTS IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL DECEMBER THE 20TH, (2012) TO CORRECT THE VIOLATIONS. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED DOLLARS ($200.00) FOR THE FIRST DAY AND TWO HUNDRED DOLLARS ($200.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED AND THAT THE RETROACTIVE TO TODAY'S DATE (NOVEMBER 20, 2012)." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NOVEMBER 20,2012 PAGE 9 OF 22 PUBLIC HEARINGS-NEW CASES 502.2 Code Enforcement Division—Police Department CASE # 12-0028166 Rosemarie Palmer and SunTrust Mortgage 327 Kirkcaldy Drive Winter Springs,FL 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 Date of Service: October 24,2012 Inspector: Christi Flannigan Inspector Flannigan began this Case discussion and entered into evidence "`WS-1', which is the CD (Compact Disc), `WS-2' is the Notice of Code Violation, `WS-3' is the Certified Mail Receipt, `WS-4' is the United States Postal Service (delivery confirmation) showing that it was delivered, `WS-5' is the Affidavit of Posting for Code Board, `WS-6' is the Certified Mail Receipt for the Code Board Notice, `WS-7' is the United States Postal Service delivery confirmation for Notice. I observed that there is trash and debris in the front yard, there was some broken planters, some pieces of siding, stagnant water from a decorative pond in the front yard. The fence is fallen and broken. The neighbors have it pushed up with some other pieces of wood. The roof on the second floor is pulled. The exterior wall has siding that is missing and broken. There is also mold and mildew growing on the painted portions of the exterior walls. Notice of Violation was mailed September Sth, 2012. The United States Postal Service website shows that they were delivered to SunTrust on September l Oth, (2012) and to Ms. Palmer on September 6th, 2012. There has been no contact with the Owner of Record. Notice of Hearing was mailed October 27th, 2012. United States Postal Service shows that it was delivered to Ms. Palmer on October 30th, 2012 and to SunTrust on October 31 St, 2012. The Notice was also posted at the property on October 241h, 2012." Discussion ensued on the stagnant pond, wood rot on the exterior wall, missing siding on the exterior wall, rodents entering the structure through the roof, and peeling paint. Concluding the presentation, Inspector Flannigan noted, "I am recommending the owners be given until December 15�', (2012) to correct the Violation. If found in Non- Compliance, a Fine of two hundred dollars ($200.00) a day be imposed, retroactive to today's date, November 20th, 2012. Due to the multiple bats and rodents entering the residence on the second floor near the window, I am recommending the City be authorized to repair that and—to board it up and file a Lien in the amount of the expenses incurred." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NOVEMBER 20,2012 PAGE 10 OF 22 Chairperson Wood inquired, "Whose name is it under — the C.T. (Certificate of Title) right now?" Inspector Flannigan replied, "Rosemarie Palmer". Board Member Jim Wentz asked if the home was occupied, to which Inspector Flannigan replied that it was not. Discussion. Note: The Respondent was not present. "I MOVE TO FIND RESPONDENTS, ROSEMARIE PALMER AND SUNTRUST MORTGAGE, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENTS BE GIVEN UNTIL DECEMBER 15TH,2012 TO CORRECT THE VIOLATIONS. IN THE EVENT THE RESPONDENTS FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED DOLLARS ($200.00) FOR THE FIRST DAY AND TWO HUNDRED DOLLARS ($200.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED. IN THE EVENT THAT THE VIOLATION IS NOT CORRECTED, THE FINE WILL BE RETROACTIVE TO NOVEMBER 20TH, 2012." MOTION BY BOARD MEMBER KELLY. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. BOARD MEMBER CALHOUN: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.3 Code Enforcement Division—Police Department CASE # 12-0028254 Carol Browning 992 Sleeping Rock Court Winter Springs, FL 32708 Sec. 13-2. (b) Trash And Debris Sec. 13-2. (c) Unsafe/LTnsanitary 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 CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NOVEMBER 20,2012 PAGE 11 OF 22 IPMC 303.2 Enclosures IPMC 304.2 Protective Treatment IPMC 304.6 Exterior Walls IPMC 304.7 Roofs and Drainage IPMC 304.9 Overhang Extensions IPMC 304.10 Stairways, Decks, Porches,And Balconies IPMC 304.13 Window, Skylight,And Door Frames 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(Interior) IPMC 305.3 Interior Surfaces IPMC 307.3 Disposal Of Garbage IPMC 403.5 Clothes Dryer Exhaust IPMC 704.2 Smoke Alarms IPMC 702.3 Locked Doors Date of Service: October 24,2012 Inspector: Christi Flannigan Inspector Flannigan began the discussion on this Case and entered into evidence "`WS- 1', which is the CD (Compact Disc) of the presentations tonight, `WS-2' is five (5)pages, it is the Notice of Code Violation, `WS-3' is the Certified Mail Receipt for the Notice of Code Violation, `WS-4' is the U.S.P.S. (United States Postal Service) website print-out advising that a Notice was left, `WS-5' is the Affidavit of Posting for the Code Board Notice at the property, `WS-7' is the U.S.P.S. (United States Postal Service) print-out advising that Notice was left for Code Board Hearing October 29th, `WS-8' is the Affidavit of Posting for Code Board Hearing, `WS-9' is the Certified Mail Receipt for the Code Board Hearing - and `WS-6' is the Return Envelope where the Notice of Code Violation was returned to the (Police) Station, and `WS-10' is the Code Board Notice envelope where the Notice was returned also." � Discussion. Continuing, Inspector Flannigan said, "Responding to a request from the Officers, I observed the living room has stuff piled up all over it including dried food and bowls, as well as glasses in the bedroom with dried liquid in them. I also observed that there are multiple cat litter boxes in several rooms, which were not cleaned and overflowing. The smell of urine was overpowering when entering the house. There were walls inside with holes in them. The bathroom also had cat feces in the tub. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—NOVEMBER 20,2012 PAGE 12 OF 22 There were no locks in the exterior doors that led to the pool area. The pool was stagnant. There is a baby gate around it, which is falling apart. The windows have window air-conditioning units that are surrounded with papers and books to fill in the window area. There are no screens on the windows. In the garage, there is a central air- conditioning unit that has mold and mildew around it and what appears to some electrical outlet wires hanging. The utility room has clothes piled in it. There are clothes piled around the dryer and no dryer vent for the exhaust, which is creating an electrical hazard. The interior of the house has large, outside trash cans that were not being used. Used diapers were lying around in various rooms. We also observed that there are no fire alarms in the house. The pool patio area had feces on it, electrical plugs lying around, nothing was weather resistant. Nothing was protected from the elements. The soffits on the patio area were missing in large areas. There is gutters that have fallen. There is a large hole in the exteriar of the structural wall. The driveway has a large area that is cracked and raised, possibly by a tree root, creating a tripping hazard. Notice of Violation was mailed on September 20th, (2012). U.S.P.S. (United States Postal Service) website shows that the Notice was left and eventuall�y returned unclaimed. Notice of the Violation was posted at the property on October 3r , (2012). September 17t", (2012), Ms. Browning showed at the Code Board Hearing and was advised due to the notification process, the Case would not be heard at that time. She was given my business card and advised to contact me to go over the Code Violations one by one, because she stated that she unsure what they were. Nothing has changed as of today. She has called me several times today." Tape 1/Side B Discussion ensued on several attempts to reach the Respondent prior to this meeting. Continuing, Inspector Flannigan stated, "Notice of Hearing was mailed on October 27�', 2012 and Notice was left on October 30th, 2012. It was returned unclaimed. Property was also posted with Notice of Hearing on October 24th, 2012." Photographs related to this Case were shown next. Chairperson Wood asked if the Respondent lived at the property, to which Inspector Flannigan confirmed that the Respondent did live at the property and it is an owner- occupied residence. Questions arose on why many of the Violations were interior issues of the residence. Captain Deisler noted that the Police Department had been called to the residence. Further discussion continued and photographs of the Violations were shown to the Board. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NOVEMBER 20,2012 PAGE 13 OF 22 Concluding, Inspector Flannigan said, "I am recommending the owner be given until December 10�', (2012) to correct the Violations and if found in Non-Compliance, a Fine of two [hundred] fifty [dollars] ($250.00) a day be imposed, retroactive to November 20th, (2012)." Discussion. Board Member Wentz noted, "Wouldn't one of our main concerns be, getting the pool enclosed?" Chairperson Wood commented, "So, we want to prioritize — is what you are suggesting?" Board Member Wentz suggested, "I would say fixing the screened part of the pool; locking that." Chairperson Wood agreed and asked the Code Inspector's, "Is that something you do when you speak to the homeowner? You do go over the priorities?" Inspector Flannigan answered, "Yes. Especially in this case. I've tried multiple times to get her to respond to me and until today, she has not." Additional comments. Board Member Marvin Kelly inquired, "How will you determine Compliance?" Inspector Flannigan replied, "The Ordinances put the burden, and State Statutes, back on her to prove that it is in Compliance. So at this point, if she has corrected anything, she should have contacted us to let us know that it has been corrected." Discussion. "I MOVE TO FIND CAROL BROWNING IN VIOLATION OF THE CITY CODES AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL DECEMBER lOTH, (2012) TO CORRECT THE VIOLATIONS. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY RETROACTIVE DATE OF NOVEMBER 20TH, A FINE OF TWO HUNDRED FIFTY DOLLARS ($250.00) FOR THE FIRST DAY AND TWO HUNDRED FIFTY [DOLLARS] ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE . IMPOSED." MOTION BY BOARD MEMBER ROERO. SECONDED BY VICE CHAIRPERSON FISHER. DISCUSSION. VOTE: BOARD MEMBER KELLY: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: 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-NOVEMBER 20,2012 PAGE 14 OF 22 PUBLIC HEARINGS-NEW CASES 502.4 Code Enforcement Division—Police Department Case# 12-0028078 Michael P. And Gloria M. Beharry 1017 Walnut Creek Cove Winter Springs,FL 32708 IPMC 304-6 Exterior Walls Date of Service: Nov 6, 2012 Inspector: Butch West Inspector Butch West, Code Enforcement Division, Police Department presented the item and entered into evidence, "`Winter Springs [WS]-1', which is the CD (Compact Disc), `WS-2' is the letter of notification of Code Violation, `WS-3' is the Certificate of Certified Mail, `WS-4' is the notification from the Post Office of delivery of the notification of Code Violation, `WS-5' is the Certified Mail Receipt for notification of Board Hearing, `WS-6' is the U.S.P.S. (United States Post Office) notification of delivery, `WS-7' is the Notice of Board Hearing, `WS-8' is the Affidavit of Posting." Assistant City Attorney Latorre noted for the Record that "WS-8" has the incorrect address and should reflect 1017 Walnut Creek Cove. Continuing, Inspector West noted, "I received a complaint that the exterior wall covering on this house was cracked and large portions were falling off. I observed from the street and from the complainant's back yard that large sheets of the stucco had fallen off and the covering is cracked and broken in other areas; including the chimney and a roof support post on the patio. I also observed what appears to be black mold in those areas where the stucco is missing. The house appears to be vacant and the neighbors told me the recent tenants of the owners had moved out of the residence due to presence of mold. Notice of Code Violation was mailed to the homeowners on July 31St, 2012. The U.S.P.S. (United States Post Office) website shows that delivery was made on August 7�' of this year. Notice of Heari�g was mailed on November 6th, 2012 and again the U.S. Postal Service website shows that, that Notice was delivered on November the 9th, (2012). Notice of Hearing was posted on the property on November the 6th of this year." Discussion. Inspector West also remarked, "As of today, about four o'clock (p.m.), I received a call; it was the first contact I've ever had from the owners. Mr. Beharry called me and said that he — gave me some very non-definite information; that he had turned it over to construction; didn't know when they were going to start; or when they would finish; and he left a number that turned out to be a non-serviceable number. That is the only contact Pve ever had from him. So, I wasn't able to get back with him." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NOVEMBER 20,20]2 PAGE 15 OF 22 Further, Inspector West stated, "I am recommending that the owners be given until December the 5�', (2012) to correct the Violations. If the owners are subsequently found to be in Non-Compliance, I am recommending a Fine of two hundred fifty dollars ($250.00) a day retroactive back to today's date." Discussion. Board Member Roero asked, "The damage to the house — does it affect the inside of the house?" Inspector West responded, "I would have no way of knowing. I would assume that moisture is getting inside and that is why the stucco is coming off." Further discussion continued on the presence of mold. Note: The Respondent was not present. "I MOVE TO FIND MICHAEL P. AND GLORIA M. BEHARRY IN VIOLATION OF CITY CODE AND ORDER THAT MICHAEL P. AND GLORIA M. BEHARRY BE GIVEN UNTIL DECEMBER STH, (2012) TO CORRECT THE VIOLATION. IN THE EVENT THAT MICHAEL P. AND GLORIA M. BEHARRY FAILS TO COMPLY BY THIS DATE, A FINE OF TWO HUNDRED DOLLARS ($200.00), RETROACTIVE BACK TO NOVEMBER 20Tx — THAT WOULD BE TWO [HUNDRED] FIFTY DOLLARS ($250.00) FOR EACH DAY THAT THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: BOARD MEMBER KELLY: AYE BOARD MEMBER ROERO: AYE BOARD MEMB�R WENTZ: 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-NOVEMBER 20,2012 PAGE 16 OF 22 PUBLIC HEARINGS-NEW CASES 502.5 Code Enforcement Division—Police Department CASE # 12-0028348 Venetian Enterprises,LLC C/O Crescent Properties 260-360 East State Road 434 Winter Springs FL 32708 Sec. 16-57. Prohibited Signs Sec. 13-2. Junk And Debris IPMC 302.3 Sidewalks And Driveways Date of Service: November 8, 2012 Inspector: Jim Flannigan Corporal Jim Flannigan, Code Enforcement Division, Police Department began the discussion this Case and presented into evidence, "`WS-1', is the CD (Compact Disc) with the PowerPoint on it this evening, `WS-2' is the Notice of the Code Board Certified Mail Receipt that it was delivered, along with `WS-3' from the United States Postal Service as the N.C.V. (Notice of Code Violation) letter that original receipt was served, `WS-4' is the Code Board Notice from the United States Postal Service that it was received, `WS-5' being the Affidavit of Posting by myself, and `WS-6' as being a copy of tonight's Board Notice." Continuing, Corporal Flannigan explained, "These Violations were first observed on October 2°d, 2012. I observed that the property has business signs still displayed from businesses that have closed over ninety (90) days ago. I observed pot holes and uneven surfaces throughout the parking lot. I observed parking spaces, including handicapped spaces, not properly painted and marked correctly. I also observed junk and debris throughout the property. Notice of Code Violation was sent Certified Mail to the property owner that gave them ten (10) days to correct the Violation. It was received on October 10�', 2012. No corrective action was made in the required timeframe. Notice of Code Board Hearing was Certified Mail on October 31 St, 2012, then received on November 8th, 2012." Discussion followed on the property being commercial; the citing of a Commercial Code Violation; and the definition of IPMC 302.3. Further, Corporal Flannigan said, "There has been no corrective action done on these Violations; there has been no communication from the property owners requesting any clarification or extension to correct these issues." Photographs related to this case were shown next. Discussion followed on the handicap spaces; potholes in the parking lot; signs of vacated businesses; improper storm water drainage; and inadequately painted parking space lines. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NOVEMBER 20,2012 PAGE 17 OF 22 Corporal Flannigan mentioned notifying the property owners six to eight (6-8) months ago about painting the parking space lines, which was done. However, the paint was inadequate and has since faded. Also noted, was the trash and debris at the rear of the building. In regards to the Case, Corporal Flannigan stated, "I am recommending a two hundred fifty dollar ($250.00) a day Fine, if the Violations are not corrected by December l ltn, (2012), with these Fines being retroactive to today November 20�', 2012 if not corrected." Discussion ensued regarding two hundred and fifty dollars ($250.00) a day was the maximum allowed penalty, regardless of it being a commercial property. Board Member Roero asked who had filled the potholes in the parking lot near the front of the property close to State Road 434; to which Corporal Flannigan replied that the motorcycle riding training business had done so for their use. Chairperson Wood remarked, "So, is there a management company that you are speaking to?" Corporal Flannigan stated, "I have spoken to nobody. There is a management company." Discussion. "I MOVE TO FIND THE RESPONDENTS, VENETIAN ENTERPRISES LLC. C/O CRESCENT PROPERTIES, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENTS BE GIVEN UNTIL DECEMBER 11TH,2012 TO CORRECT THE VIOLATIONS. IN THE EVENT THE RESPONDENTS FAIL TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS ($250.00) FOR THE FIRST DAY AND TWO HUNDRED FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED RETROACTIVE TO NOVEMBER 20TH, 2012." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. Note: The Respondent was not present. VOTE: BOARD MEMBER ROERO: AYE 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 MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NOVEMBER 20,2012 PAGE 18 OF 22 PUBLIC HEARINGS AGENDA- NON-COMPLIANCE CASES PUBLIC HEARINGS-NON COMPLIANCE 503.1 Code Enforcement Division—Police Department CASE # 11-0027226 Belinda Orr 284 San Gabriel Street Winter Springs, FL 32708 Sec. 13-2. Junk And Debris Sec. 6-195. Maintenance Of Fences Or Walls Original Hearing Date: January 17,2012 Date of Service: October 27,2012 Inspector: Christi Flannigan Inspector Flannigan began this Case overview and presented into evidence, "`WS-1', which is a CD (Compact Disc) of today's presentations, `WS-2' is the United States Postal Service delivery confirmation printout, `WS-3' is the Affidavit of Posting for the Code Board Hearing tonight, `WS-4' is the Certified Mail Receipt, `WS-5' is the Return Receipt where the owner, Belinda Orr, signed for the Order of the Board, `WS-6' is the other side of it(Signed Return Receipt)." Continuing, Inspector Flannigan noted, "The Order of Board gave the Respondent until February lOth, 2012 to correct the fence and the junk and debris. Belinda On signed for the Notice on January 23`d, 2012. As of November 20th, 2012, the Violations still exist. Notice of this Hearing was mailed to Owner of Record on October 27th, (2012). (United States) Postal Service website shows that it was delivered on October 29t", 2012. Notice was also posted at the property October 24th, (2012). There has been no contact from the property owner." Photographs were shown and discussion followed on whether the property is owner- occupied, lack of contact from the property owner, and the various junk and debris on the property. Concluding the presentation, Inspector Flannigan said, "In regards to this Case, I am recommending that the Order of the Board be entered as a Lien." Note: The Respondent was not present. Discussion. "I MOVE TO FIND THE PROPERTY IN NON-COMPLIANCE AND THE PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NOVEMBER 20,2012 PAGE 19 OF 22 VOTE: BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES 503.2 Code Enforcement Division—Police Department CASE #12-0027630 Houng Tran 780 Night Owl Court Winter Springs, FL 32708 Sec. 13-2. (e) Stagnant Pool Sec. 6-195. Maintenance Of Fences Or Walls IPMC 303.2 Enclosures Original Hearing Date: August 21,2012 Date of Service: October 25, 2012 Inspector: Christi Flannigan Inspector Flannigan presented this Agenda Item and entered into evidence, "`WS-1', which is the CD (Compact Disc) of today's presentations, `WS-2' is the Certified Receipt, `WS-3' is the United States Postal Service printout, `WS-4' is the Affidavit of Posting, `WS-5' is the green card Certified Receipt from the Order of the Board, `WS-6' is the returned envelope for the Code Board Notice, and was returned unclaimed." Next, Inspector Flannigan mentioned "The Order of the Board was issued August 21 St, 2012 and it indicated that the corrections were to be made by September 25t", (2012), with a Fine of two [hundred] fifty [dollars] ($250.00} a day if found in Non-Compliance. As of November 20th, 2012, the Violations still exist. There has been no contact from the owner. Notice of Hearing was mailed October 27th, 2012 and posted at the property on October 24th, 2012. Notice of Hearing was returned unclaimed." Chairperson Wood asked, "Was there ever any contact with the owner?" Inspector Flannigan replied, "No, there has not been." Next, photographs from this Case were shown to the Board. Concluding the presentation, Inspector Flannigan said, "In regards to this Case, I am recommending the original Order (of the Board) be entered as a Lien." Discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—NOVEMBER 20,2012 PAGE 20 OF 22 "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 KELLY. DISCUSSION. Tape 2/Side A Note: The Respondent was not present. VOTE: CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA—NON-COMPLIANCE CASES 503.3 Code Enforcement Division—Police Department CASE # 12-0028043 Charles And Candida Lufcy And Wells Fargo 985 Turkey Hollow Circle Winter Springs, FL 32708 Sec. 13-2. Junk And Debris Sec. 6-195. Maintenance Of Fences Or Walls IPMC 304.13 Window, Skylight,And Door Frames Original Hearing Date: September 18,2012 Date of Service: October 27,2012 Inspector: Christi Flannigan Inspectar Flannigan began this Case discussion and presented into evidence "`WS-1', which is the CD (Compact Disc) of tonight's presentations, `WS-2' is the front of the envelope for the Order of the Board, `WS-3' is the back of the envelope for the Order of the Board, `WS-4' is the Certified Receipt mailed to the owner, `WS-5' is the Certified Receipt mailed to the bank, `WS-6' is the United States Postal Service for the Code Board Hearing, `WS-7' is the Affidavit of Posting for the Hearing." Discussion ensued. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NOVEMBER 20,2012 PAGE 21 OF 22 Continuing, Inspector Flannigan noted, "The original Order of the Board indicated that corrections were to be made by October 12th, 2012 and if in Non-Compliance, a Fine of a hundred dollars ($100.00) a day, retroactive to September 18th, 2012. Notice of the Order of Board was returned not deliverable. As of November 20th, 2012 the Violations for the broken window still exists. Notice of this Hearing was mailed October 27th, 2012 and posted at the property on October 24�', 2012. There has been no contact with the owners." Photographs were shown next of the property. Further comments. Inspector Flannigan concluded, "In regards to this Case, I am recommending the Order of the Board be entered as a Lien." Chairperson Wood inquired why the mail delivered to the property address was undeliverable and asked, "Are they not accepting it?" Inspector Flannigan replied "Correct. They are not accepting any of the mail, in regards to this." Discussion. Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON-COMPLIANCE AND THE PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE MOTION CARRIED. 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—NOVEMBER 20,2012 PAGE 22 OF 22 In other Board business, discussion followed on the possible cancellation of the December Code Enforcement Board Regular Meeting. "I MAKE A MOTION THAT WE SHOULD CANCEL THE DECEMBER 18Tx, (2012) MEETING." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. ADJOURNMENT Chairperson Wood adjourned the Regular Meeting at 7:13 p.m. RESPECTFULLY SUBMITTED: __--_ _..._.;� SEA�I UDET ASSI�TAN�:I' TO THE CIT�'CLERK NOTE: These Minutes were Approved at the February 26,2013 Code Enforcement Board Regulaz Meeting.