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HomeMy WebLinkAbout2013 10 22 Consent 300 Unapproved Minutes from the September 24, 2013 Regular Meeting CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING C:26.4 SEPTEMBER 24, 2013 well Imay CALL TO ORDER The Regular Meeting of Tuesday, September 24, 2013 of the Code Enforcement Board was called to Order by Chairperson Hugh 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 Hugh Fisher, present Vice-Chairperson Greg Roero, present Board Member Laurie Bates Calhoun,present Board Member Matthew Criswell,present Board Member Carole Giltz, present Board Member Maurice Kaprow, present Board Member Jim Wentz, present Assistant City Attorney Kate Latorre,present Assistant to the City Clerk Sean Beaudet,present Chairperson Fisher welcomed new Board Member Matthew Criswell to the Code Enforcement Board. A moment of silence was followed by the Pledge of Allegiance. No Agenda Changes were noted. 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 CITY OF WINTER SPRINGS,FLORIDA MINUTES r=-� CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 24,2013 PAGE 2 OF 8 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The August 27, 2013 Code Enforcement Board Regular Meeting Minutes. "I MAKE A MOTION TO ACCEPT THE MINUTES FROM LAST MONTH." MOTION BY BOARD MEMBER WENTZ. SECONDED BY VICE- CHAIRPERSON ROERO. DISCUSSION. VOTE: CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office Of The City Attorney No Report. REPORTS 401. Code Enforcement Division Captain Chris Deisler, Code Enforcement Division, Police Department referenced the On-Street Parking Moratorium and noted that the Police Department was continuing to gather data for a report to provide to the City Commission. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD Irm. --_ REGULAR MEETING-SEPTEMBER 24,2013 PAGE 3 OF 8 REPORTS 402. Office Of The City Clerk No Report was given. ige REPORTS 403. Code Enforcement Chairperson No Report. REPORTS 404. Code Enforcement Vice Chairperson No Report was given. REPORTS 405. Code Enforcement Board Members No Report. 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-SEPTEMBER 24,2013 1111 PAGE PAGE 4 OF 8 C=0 PUBLIC HEARINGS AGENDA-NEW CASES PUBLIC HEARINGS-NEW CASES 502.1 Code Enforcement Division—Police Department CASE # 13-0028867 Rick Krack 1384 Ayerswood Court Winter Springs, Florida 32708 Sec. 6-195. Maintenance Of Fences Or Walls. Sec. 6-217. Enclosure Required. Date Of Service: August 27, 2013 Inspector: Christi Flannigan Inspector Christi Flannigan, Code Enforcement Division, Police Department presented the Case and submitted into Evidence "WS-1", which were the presentations for all of the Cases being heard. Beginning, Inspector Flannigan noted "I received a complaint stating that the pool enclosure was falling down and part of the fence on Northern Way had also fallen. I observed that the screen enclosure has several areas that the screen has fallen, along with the fence on Northern Way that was falling. He has since corrected that. Notice of Violation was mailed on March 5th, 2013. The United States Postal Service website shows that Notice was delivered on March 11th, (2013). I received a voice mail message from the property owner, who advised me that he was not going to make the repairs. The Case was also set to be presented at the April (2013) Code Board Hearing. Mr. Krack had asked for an extension at that time. The Case was pulled from the Agenda." Inspector Flannigan also stated that there was an inspection performed on July 15, 2013; that she received another voice mail message from the property owner; and that the Violations had not been corrected. Continuing, Inspector Flannigan said, "I have received multiple letters from Mr. Krack in regards to having this Case held until October. I attempted to call him back and left him a message to return my call. On September 15th, 2013 he mailed another letter requesting the Case not be heard at the September meeting, due to him being out of town. He also mailed in pictures and letters which are being submitted into Evidence." Inspector Flannigan then presented into Evidence "`WS-2', which is the Return Envelope from the owner; `WS-3' is the Return Receipt from the property owner; `WS-4' was the Return Receipt from the bank, Chase; `WS-5' was an Affidavit of Posting for the Notice of Code Violation; `WS-6' was a Certified Return Receipt signed by the owner for the Code Board Notice; `WS-7' was the Return Receipt from Chase for the Code Board Notice; `WS-8' was the Affidavit of Posting for Code Board." CITY OF WINTER SPRINGS,FLORIDA MINUTES (C:=I CODE ENFORCEMENT BOARD ____ REGULAR MEETING-SEPTEMBER 24,2013 PAGE 5 OF 8 Further comments. Lastly, Inspector Flannigan stated, "Notice of Hearing was mailed on August 23rd, 2013 and was signed for on August 31St, (2013) by Mr. Krack. Notice was also posted at City sie Hall and at the property." (During the Hearing, Officer Flannigan inadvertently verbally itemized the wrong list of evidence in the above statement. The actual evidence submitted as part of Item "502.1" included "WS-2", "WS-3", "WS-4", and "WS-5", which is the evidence pertinent to the Hearing and is part of the official record of the Hearing). Photographs were shown from "WS-1", with further comments. In regards to the Case, Inspector Flannigan recommended "The owner be found in Violation and given until November 15th, 2013 to correct the Violation. If found in Non- Compliance, a Fine of a hundred dollars ($100.00) a day be imposed retroactive to September 24th, 2013." Discussion. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL NOVEMBER 15TH, (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 EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. BOARD MEMBER GILTZ OFFERED AN AMENDMENT TO THE MOTION AS STAFF "REQUESTED THAT IT BE RETROACTIVE TO SEPTEMBER 24TH — THE FINE." FURTHER COMMENTS. NO OBJECTIONS TO THE AMENDMENT WERE NOTED. VOTE: VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD �--� REGULAR MEETING-SEPTEMBER 24,2013 PAGE 6 OF 8 Discussion. PUBLIC HEARINGS-NEW CASES 502.2 Code Enforcement Division—Police Department CASE # 13-0029228 Anh Nguyen And Chase Bank 629 Alton Road Winter Springs, Florida 32708 Sec. 6-217. Enclosure Required. Sec. 13-2. (e) Stagnant Pool. IPMC 303.2 Enclosures. IPMC 304.2 Protective Treatment. IPMC 304.6 Exterior Walls. IPMC 304.9 Overhang Extensions. Date Of Service: August 27,2013 Inspector: Christi Flannigan Inspector Flannigan presented the Case and offered into Evidence "`WS-2' is the Return Receipt Envelope from the owner, `WS-3' is the Return Receipt from the Property Preservation Company, `WS-4' is the Return Receipt from Chase (Bank), `WS-5' is Affidavit of Posting from the Notice of Code Violation, `WS-6' is Certified Return Receipt from the owner for the Code Board Notice, `WS-7' is Return Receipt from Chase for the Code Board Notice, `WS-8' is the Affidavit of Posting for the Code Board Hearing." Inspector Flannigan also noted that foreclosure paperwork had been filed on the property by Chase Bank. Continuing, Inspector Flannigan stated, "I received a complaint in regards to a stagnant pool from the neighbor. The inspection shows that there is a stagnant pool in the backyard. The neighbor had given me permission to walk onto his property to see the pool. The gate had been removed and there is a screen enclosure. The enclosure door did not latch correctly and there were also missing screens. There is an area at the corner of the house where decorative features have fallen off and there are exposed concrete blocks. There's also holes in the overhang extensions. There has been no contact from the owner of record or the bank. Notice of Violation was mailed to the Owner of Record on May 20th, 2013 and was returned unclaimed. Notice of Violation was mailed on July 16th, 2013 to Chase and MCF Property Preservation. MCF (Property Preservation) had Postings at the front door, so they were Noticed also. The Notice was Posted at the property on June 10th, 2013. Notice of Hearing was mailed to the Owner of Record and Chase on August 28th, 2013. Notice for Owner of Record was returned unclaimed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD rimir REGULAR MEETING-SEPTEMBER 24,2013 PAGE 7 OF 8 Wayne Spencer from Chase (Bank) signed for the Notice on September 3rd, (2013). Notice was also Posted at City Hall and the property on August 27th, (2013). As of 9/23/13,there are locks that are applied to the screen doors to secure that enclosure." weetil Photographs were shown from "WS-1", with further comments. Lastly, Inspector Flannigan said, "In regards to this Case, I am recommending the owner be given until November 20th, 2013 to make the corrections. If found in Non- Compliance, a Fine of a hundred and fifty dollars ($150.00) a day be imposed retroactive to September 24th, 2013." Board Member Jim Wentz asked if the gate and fence had been replaced; and if the only existing Violation was the missing screens from the pool enclosure. Inspector Flannigan replied that the gate and fence were not replaced. However, the screen enclosure doors had been secured,but various screen sections were still missing. Discussion. Vice-Chairperson Gregg Roero inquired if the situation constituted a Public Safety Issue and if a higher Fine might apply. Chairperson Fisher did not believe so, as the stagnant pool was not completely accessible. Further discussion on the decorative siding falling from the structure. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT, ANH NGUYEN, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL NOVEMBER 20TH, (2013) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED FIFTY DOLLARS ($150.00) PER DAY RETROACTIVE TO SEPTEMBER 24TH, 2013 CONTINUE THERAFTER AND SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY VICE-CHAIRPERSON ROERO. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES �.� CODE ENFORCEMENT BOARD REGULAR MEETING—SEPTEMBER 24,2013 PAGE 8 OF 8 PUBLIC HEARINGS AGENDA- NON-COMPLIANCE CASES PUBLIC HEARINGS—NEW CASES 503.1 Not Used REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT Chairperson Fisher opened "Public Input". No one spoke. Chairperson Fisher closed "Public Input". Further discussion ensued on the expected timeline of resolution for the On-Street Parking Moratorium. ADJOURNMENT Chairperson Fisher adjourned the Regular Meeting at 5:55 p.m. RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the ,2013 Code Enforcement Board Regular Meeting.