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HomeMy WebLinkAbout2013 09 24 Consent 200 Unapproved Minutes from the August 27, 2013 Regular Meeting CITY OF WINTER SPRINGS, FLORIDA g==1 MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 27, 2013 =Ls CALL TO ORDER The Regular Meeting of Tuesday, August 27, 2013 of the Code Enforcement Board was called to Order by Chairperson Hugh Fisher at 5:32 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Roll Call: Chairperson Hugh Fisher, present Board Member Laurie Bates Calhoun, present Board Member Carole Giltz, present Board Member Maurice Kaprow, 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 A moment of silence was followed by the Pledge of Allegiance. Chairperson Fisher welcomed Mr. Maurice Kaprow as the newest member of the Code Enforcement Board and also noted that there is one (1) remaining vacancy on the Board which should be filled in the near future. REGULAR AGENDA— PART I REGULAR 600. Office Of The City Clerk Requesting The Code Enforcement Board Elect A Vice-Chairperson For The Remainder of 2013. Chairperson Fisher explained that due to the vacancy for Chairperson, he as Vice- Chairperson automatically became Chairperson which left the Vice-Chairperson position open, and the Office of the City Clerk is requesting an Election be held for the position of a new Vice-Chairperson. "I WOULD LIKE TO NOMINATE MR. GREGORY ROERO." MOTION BY BOARD MEMBER GILTZ. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 27,2013 PAGE 2 OF 10 + CHAIRPERSON FISHER ASKED, "MR. ROERO, ARE YOU WILLING TO ACCEPT THE NOMINATION?" BOARD MEMBER ROERO ANSWERED, "YES." SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. oletta NO OTHER NOMINATIONS WERE PRESENTED. VOTE: CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. Chairperson Fisher spoke for the Record that their new Vice-Chairman is Gregory Roero. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The July 23, 2013 Code Enforcement Board Regular Meeting Minutes. "I MOVE TO APPROVE THE MINUTES FROM THE LAST MEETING." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY VICE- CHAIRPERSON ROERO. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD r� REGULAR MEETING-AUGUST 27,2013 PAGE 3 OF 10 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used locm REPORTS REPORTS 400. Office Of The City Attorney No Report. REPORTS 401. Code Enforcement Division Captain Chris Deisler, Code Enforcement Division, Police Department apologized for having the Code Enforcement Board meeting for one (1) Case; referenced "PUBLIC HEARINGS—NEW CASES 502.1"; and noted that the Case had been postponed in the past, but was being presented now due to its severity. REPORTS 402. Office Of The City Clerk Assistant to the City Clerk Beaudet mentioned that the November 2013 and December 2013 Regular Meetings of the Code Enforcement Board both occur close to major holidays. Chairperson Fisher inquired, "Is there a recommendation at this point from you or Captain Deisler?" Assistant to the City Clerk Beaudet replied, "None from our Office." Captain Deisler answered, "We're here at the pleasure of the Board and we'll be willing to entertain anything you all want to do." With discussion, Chairperson Fisher sought Consensus from the Code Enforcement Board if the November 26, 2013 scheduled meeting was acceptable. All Board Members nodded in agreement. No objections were voiced. Further comments ensued on the December 24, 2013 Regular Meetin date. Chairperson Fisher suggested, "Does anyone have any objection to making the 17t (December 2013) our tentative meeting date for December?" No objections were noted. Discussion continued. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 27,2013. r PAGE 4 OF 10 REPORTS 403. Code Enforcement Chairperson No Report was given. war= REPORTS 404. Code Enforcement Vice Chairperson No Report. REPORTS 405. Code Enforcement Board Members No Reports were given. PUBLIC INPUT Chairperson Fisher opened "Public Input". No one addressed the Code Enforcement Board. Chairperson Fisher 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-AUGUST 27,2013 PAGE 5 OF 10 PUBLIC HEARINGS AGENDA—NEW CASES g=11 PUBLIC HEARINGS-NEW CASES 502.1 Code Enforcement Division—Police Department CASE# 13-0029107 Angelo Sanchez and Raquel Tavares 221 North 3rd Street Winter Springs,Florida 32708 Sec. 6-195. Maintenance Of Fences Or Walls. Sec. 6-166. Repair Or Removal. IPMC 304.5 Foundation Walls. IPMC 304.6 Exterior Walls. IPMC 304.15 Doors. IPMC 304.13 Window, Skylight,And Door Frames. IPMC 304.13.2 Openable Windows. Date of Service: August 8,2013 Inspector: Butch West Inspector Butch West, Code Enforcement Division, Police Department presented the Case and submitted in Evidence "WS-1" and stated "On the 17th of April when I first became aware of this, I received a complaint from the tenant at the residence of several Violations that she claimed the landlord was refusing to repair. She invited me onto the property where I made the following observations. An exterior wall at the rear of the house was covered with plastic and other materials. The tenant said the owner had done this to cover large holes in the wall that had rotted away. The tenant peeled away a corner to show me the holes in the wall, which exposed insulation and wall studs; as well as the sheetrock, which makes up the interior of the wall—that's the bedroom by the way. The wood siding all around the foundation at the rear on the exterior of the house was rotted away, so that holes in some areas were large enough to allow rodents access to the interior of the house. She also pointed out a wooden fence at the rear of the property that was falling and missing slats. I was shown a hole in another exterior wall where the drain pipe from a washing machine exited. A flow from this pipe had eroded the ground next to it and under the buildings foundation. The foundation appeared to be cracking and there were stones in place in an apparent attempt to prop up the foundation. I next observed an exterior door at the residence and the tenant pointed out that it was missing one of the panes in the jalousie windows. This means that the tenant cannot secure their residence. It was also demonstrated for me that the door also did not have a working lock. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 27,2013 a=.11 PAGE 6 OF 1 0 MooraZIN On another exterior door, I observed that the glass in the lower half of the window had been replaced with very thin, clear plastic — which was duct taped to the window frame. =L.4 This prevented the window from being raised, which is required by International Property Maintenance Code. The plastic could be pushed in with just finger pressure. The door alcnif"4 —41 frame was rotted and cracked in the area of the lower hinge. The condition of the window and door also prevented the tenant from securing her home. g7,1,42) I was then asked by the tenant to inspect an adjacent wood storage building and carport cover. I observed rotted support beams throughout the overhead portion — they were so deteriorated that one could see completely through the beams in places and if pushed by hand, the entire structure sways. Doors to the attached storage room to the structure were rotted away at the bottom and swollen from water damage to a degree that they could not be closed. On April 23rd of 2013, a Notification of these Code Violations was mailed to the property owner, who was mailed by Certified and First Class Mail. Due to the extensive repairs needed, in this letter I simply asked the owner to contact me to discuss the case. Certified Letter was returned 'Unclaimed' after two (2) attempts by the U.S.P.S. (United States Postal Service) deliverant. On April the 28th, 2013, I received a call from the property owner, Mr. (Angelo) Sanchez. Mr. Sanchez complained about receiving the letter and said that Code Enforcement in Winter Springs had no jurisdiction over his property. When I tried to address the Violation, Mr. Sanchez would not let me speak. He complained that he had an agreement with the tenant, that they would make the repairs; and they have not done so. He told me again that Code Enforcement had no right to enter his property and no authority over him. He stated he had no intention of making any repairs, that I would be hearing from his Attorney, and he hung up. On May the 1st, 2013, Lieutenant Terry Baker, my Lieutenant, reported that he received a phone call from Mr. Sanchez. Their conversation was much the same as the one I had. Mr. Sanchez felt we had no business being involved, that he had no intention of making any repairs, and he would have his Attorney contact us. On that same date based on the two (2) conversations and the fact that the first letter had only asked to discuss the repairs, I sent a formal Notice by Certified and First Class mail of Code Violations advising them that I would bring this Case before the Code (Enforcement) Board, if repairs were not made. They were given ten (10) days to repair the Violations. On May the 21st, (2013), the Certified (Notice) was returned after two (2) attempts at delivery by the U.S.P.S. (United States Postal Service). CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 27,2013 PAGE 7 OF 10 C=0 On May the 8th, (2013), I received a phone call from Mr. Sanchez wherein he repeated his assertion that the City did not have authority over his property; that neither I, nor any Code Enforcement Officer was allowed on the property; and the tenant had no authority to allow us on the property. He stated that his Attorney and the Court had informed him Nmet4 we had no authority. He refused to discuss making repairs and the rest of the conversation followed pretty much the same pattern as the previous conversations. On May the 19th, 2013, I spoke again with the Tenant, Ms. Ressie, and asked if Mr. Sanchez had made any repairs. She said he had not. On June the 10th of 2013, Mr. Sanchez was Notified by Certified and First Class Mail that this Case was to be presented to the Code (Enforcement) Board on the 25th of June 2013. The property was Posted and all other required Notification requirements were met. The Certified Mail was returned 'Unclaimed'. On June the 5th, Captain Deis ler received a phone call from Mr. Sanchez. As reported by Captain Deis ler, the conversation was essentially the same as our other contacts with Mr. Sanchez. On, or about June 17th, Mr. Sanchez came into speak with Captain Deis ler. During that conversation, the Captain told Mr. Sanchez that we would postpone the Code Board Hearing on this Case for one (1) month to allow him time to complete repairs. Mr. Sanchez was asked by Captain Deis ler to keep us informed on the progress. Since that time, we have heard nothing from Mr. Sanchez. There are already tenants in the house now who have told me that Mr. Sanchez covered up the holes in the wall with black plastic, so they could not be seen. But, no repairs have been made. Notification of this Code (Enforcement) Board Hearing was mailed to the owners by Certified and First Class Mail on August 9th, (2013). The property was Posted on the same date." Next, photographs were shown from previously submitted Evidence "WS-1", and further comments followed. Lastly, Inspector West said, "I recommend the owners be required to correct all Violations, notify Code Enforcement, and have the property re-inspected by September the 16th, (2013). If the owners are subsequently found in Non-Compliance, I recommend a Fine of two hundred and fifty dollars ($250.00) a day, retroactive to August the 27th of 2013." Board Member Jim Wentz asked, "As far as the original tenant allowing you on the property, I would assume that was perfectly legal, but how does that work going forward since that person is no longer in the house and there is a new tenant, and what happens if that person doesn't allow you back on?" Inspector West replied, "I believe that once we've Noticed the observation, the onus is on the homeowner to prove to us that the corrections have been made. I don't need to go back and see it. He's got to show me." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 27,2013 PAGE 8 OF 10 ~' Assistant City Attorney Kate Latorre agreed and added, "If he is working with a willing tenant, a tenant can grant consent to come onto the property, even though they don't own C=1.4 the property. So, we would just presume that they go unfixed, until they call and say `We C:1.4 fixed it, come check it out'." Board Member Wentz then inquired, "So, his claim also that Q'; you have no jurisdiction is totally false, and obviously you do, is that correct?" Inspector `-- West concurred, "That is correct". Further discussion ensued on if the structure was inhabitable; needing a Building Official to inspect the property; the new tenants or owners not allowing City Officials onto the property; that the International Property Maintenance Code would qualify the property as uninhabitable; and that from a street view, the carport and window Violations had not been corrected to date. In addition, Board Member Kaprow inquired, "Is a property in this condition a public safety hazard?" Assistant City Attorney Latorre answered, "It is certainly possible. But, that call would have to be made by a Building Inspector or Building Official to opine on the structural integrity of the building." Assistant to the City Clerk Beaudet swore in Inspector West and Captain Deisler whom provided Testimony during tonight's Meeting. Captain Deisler noted, "Everything he (Inspector West) stated in his testimony was accurate. Mr. Sanchez has not followed through with any of the things that he was asked to do by me or him (Inspector West) and he is still M.I.A. (Missing In Action) as far as these issues are concerned." Chairperson Fisher then referenced the washer machine drain pipe and asked, "Is it dumping drain water directly into the yard?" Inspector West replied, "Yes, Sir. It empties directly into the yard." Discussion. NOTE: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT, MR. ANGELO SANCHEZ AND RAQUEL TAVARES, BE GIVEN UNTIL SEPTEMBER THE 6TH, (2013) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS ($250.00) FOR THE FIRST DAY — RETROACTIVE TO AUGUST 27TH, (2013); AND TWO HUNDRED FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY VICE-CHAIRPERSON ROERO. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 27,2013 IsQ PAGE 9 OF 10 ilw BOARD MEMBER WENTZ ADDED, "I BELIEVE THE CITY WAS LOOKING FOR (A CORRECTIVE ACTION DATE OF) SEPTEMBER 16TH." INSPECTOR WEST CONCURRED AND NOTED, "I WAS ASKING FOR SEPTEMBER 16TH IN MY RECOMMENDATION." .ez4 NEXT, BOARD MEMBER WENTZ SAID, "I WOULD LIKE TO AMEND THAT i 1 TO READ THAT THEY ARE GIVEN UNTIL SEPTEMBER 16TH." AMENDMENT TO THE MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES PUBLIC HEARINGS-NEW CASES 503.1 Not Used REGULAR AGENDA- PART II REGULAR 601. Not Used PUBLIC INPUT Chairperson Fisher opened "Public Input". No one spoke. Chairperson Fisher closed "Public Input". CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—AUGUST 27,2013 PAGE 10 OF 10 _^_'_ ADJOURNMENT Chairperson Fisher adjourned the Regular Meeting at 5:59 p.m. I- RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the ,2013 Code Enforcement Board Regular Meeting.