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HomeMy WebLinkAbout2014 01 28 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 28, 2014 CALL TO ORDER The Regular Meeting of Tuesday, January 28, 2014 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 Gregg 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 A moment of silence was followed by the Pledge of Allegiance. Captain Chris Deisler, Code Enforcement Division, Police Department addressed Agenda Changes and noted that PUBLIC HEARINGS — NEW CASES "502.1", PUBLIC HEARINGS — NEW CASES "502.5", PUBLIC HEARINGS — NON- COMPLAINCE CASES "503.2", and PUBLIC HEARINGS—NON-COMPLIANCE CASES "503.3" would not be presented at this meeting. Assistant to the City Clerk Sean Beaudet swore in those who would be providing Testimony during tonight's Meeting. REGULAR AGENDA- PART I REGULAR 600. Office Of The City Clerk Requesting The Code Enforcement Board Hold An Election For The Position Of Chairperson For Calendar Year 2014. "I ELECT TO NOMINATE HUGH FISHER." MOTION BY VICE- CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 28,2014 PAGE 2 OF 13 CHAIRPERSON FISHER STATED, "I WILL ACCEPT THE NOMINATION." NO FURTHER NOMINATIONS WERE PRESENTED. 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. REGULAR 601. Office Of The City Clerk Requesting The Code Enforcement Board Hold An Election For The Position Of Vice-Chairperson For Calendar Year 2014. "I NOMINATE GREGG ROERO." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VICE-CHAIRPERSON ROERO STATED, "I WILL ACCEPT AND THANK YOU." NO FURTHER NOMINATIONS WERE PRESENTED. 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. REGULAR 602. Office Of The City Attorney Requesting The Code Enforcement Board Discuss and Re-Adopt The City Of Winter Springs Code Enforcement Board Policy And Procedures Manual For The Current Year With Any Amendments,As Applicable. Chairperson Fisher asked for any suggestions or changes to the Code Enforcement Board's Policy and Procedure Manual. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 28,2014 PAGE 3 OF 13 Board Member Kaprow referenced section "VII. ORDER OF BUSINESS" in this document and the need to move "Public Input" before the "Consent" Agenda Items. Assistant to the City Clerk Beaudet added that as of October 2013, the Agendas for the City Commission and the City's Advisory Boards and Committees have been reformatted, and that the "VII. ORDER OF BUSINESS" should reflect the current format of Agendas. Discussion. Chairperson Fisher asked "Do we have a Motion to approve the Policy and Procedure Manual?" "I WILL MAKE A MOTION TO APPROVE IT, WITH THE CHANGES JUST DISCUSSED." MOTION BY BOARD MEMBER WENTZ. 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. REGULAR 603. Office Of The City Attorney Requesting The Code Enforcement Board Discuss And Re-Adopt The Sample Motions For The Current Year With Any Amendments, As Applicable. Chairperson Fisher confirmed there had been no changes to the Sample Motions and said "We will entertain a Motion to Approve the Sample Motions." "SO MOVED." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 28,2014 PAGE 4 OF 13 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used PUBLIC INPUT Chairperson Fisher opened "Public Input". No one addressed the Code Enforcement Board. Chairperson Fisher closed "Public Input". CONSENT AGENDA CONSENT 300. Office Of The City Clerk Requesting The Code Enforcement Board Review And Approve The October 22, 2013 Code Enforcement Board Regular Meeting Minutes. "I WILL MOTION TO APPROVE (THE OCTOBER 22, 2013 REGULAR MEETING MINUTES)." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY VICE-CHAIRPERSON ROERO. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 28,2014 PAGE 5 OF 13 REPORTS REPORTS 400. Office Of The City Attorney No Report. REPORTS 401. Code Enforcement Division—Police Department In reference to the Qualification of Officers, Captain Deisler noted that he had obtained Florida Association of Code Enforcement's (FACE) Level II certification the past year. REPORTS 402. Office Of The City Clerk No Report was given. REPORTS 403. Code Enforcement Chairperson No Report. REPORTS 404. Code Enforcement Vice Chairperson No Report was given. REPORTS 405. Code Enforcement Board Members No Reports. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS-CONTINUED CASES 500.1 Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 28,2014 PAGE 6 OF 13 PUBLIC HEARINGS AGENDA-REPEAT CASES PUBLIC HEARINGS-REPEAT CASES 501.1 Not Used PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS-NEW CASES 502.1 Code Enforcement Division—Police Department CASE # 13-0028809 Evelina Brestowska 306 South Moss Road Winter Springs, Florida 32708 Sec. 13-2. (d) Diseased Trees Date Of Service: January 14, 2014 Inspector: Jim Flannigan This Case was not presented to the Code Enforcement Board. PUBLIC HEARINGS-NEW CASES 502.2 Code Enforcement Division—Police Department CASE # 13-0029779 Lisa Ficarrotto 410 Lancers Drive Winter Springs, Florida 32708 Sec. 6-195. Maintenance Of Fences Or Walls. Date Of Service: December 30,2013 Inspector: Jim Flannigan Corporal Jim Flannigan, Code Enforcement Division, Police Department presented the Case and submitted into Evidence, "`WS-1', which is the CD (Compact Disc) presentation for this evening; `WS-2', which is the Notice of Code Violation that was Posted on the property and mailed; `WS-3', which is the Return Certified Mail; `WS-4' is the Certified Mail Receipt for Code Board that came back Unclaimed; and `WS-5' is the Affidavit of Posting of property and City Hall." Continuing, Corporal Flannigan stated "On November 71', 2013, I observed that the fence was falling down and missing slats at various points around the property. Notice of Code Violation was mailed to the listed property owner, since the house currently is vacant. A copy was also Posted on the property. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 28,2014 PAGE 7 OF 13 On December 30th, 2013 the property failed inspection. Notice of Code Board Hearing was mailed to the listed property owner and Posted at City Hall. A copy was Posted on January 15th, 2014 on the property as well for the Code Board Hearing. All mailings were returned unclaimed and there has been no contact with the owner or anyone claiming interest on this property. The house is listed currently under foreclosure." Photographs from "WS-1" were shown with further comments. Concluding, Corporal Flannigan recommended an Order of"A hundred dollars ($100.00) per day if not corrected by February 11th, 2014 and retroactive to January 28th, 2014" Note: The Respondent was not present. "I MOVE TO FIND RESPONDENT, LISA FICARROTTO, IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL FEBRUARY 11TH, 2014 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 — RETROACTIVE TO JANUARY 28TH, 2014, SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.3 Code Enforcement Division—Police Department Case# 13-0029811 Greg Nicosia 765 South Edgemon Avenue Winter Springs Florida 32708 Sec. 13-2. (b) Junk And Debris Date Of Service: December 30, 2013 Inspector: Jim Flannigan In consideration of this Case, Corporal Flannigan began his presentation. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 28,2014 PAGE 8 OF 13 Corporal Flannigan submitted into Evidence, "`WS-2' is the Return Receipt copy of the NCV (Notice of Code Violation) that was mailed to him and received; `WS-3' is the United States Postal Service tracking for the Notice of Code Board Hearing — sorry, it was not delivered. It is still out on delivery apparently; and `WS-4', the Affidavit of Posting of the Code Board Notice of City Hall and the property." Continuing, Corporal Flannigan said, "On December 5th, 2013 I observed debris in the front and side of the house, consisting of a propane tank, gas containers, vehicle seat, lawn mower, and other debris. Notice (of Code Violation) was Posted at that time. A Notice of Code Violation was Certified Mailed to the property owner and received on December 10th, 2013. The property was checked several times and found that the original items would be picked up and new debris would be observed on the property. January 15th, 2014 the property was Posted with Notice of Code Board Hearing. Certified Mail of the Code Board Hearing was mailed on January 2nd, 2014 and has not been delivered and signed for." Photographs from previously submitted Evidence "WS-1" were then shown, and comments followed. Concluding, Corporal Flannigan suggested that an Order of"A hundred dollars ($100.00) per day is requested, if not corrected by February 11th, 2014 and retroactive to January 28th, 2014." Note: The Respondent was not present. "I MOVE TO FIND GREG NICOSIA IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT, GREG NICOSIA, BE GIVEN UNTIL FEBRUARY 11TH, (2014) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE OF A HUNDRED DOLLARS ($100.00) FOR EACH DAY, RETROACTIVE TO JANUARY 28TH, (2014), CONTINUE THEREAFTER SHALL BE IMPOSED." MOTION BY VICE-CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER CALHOUN. 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 28,2014 PAGE 9 OF 13 PUBLIC HEARINGS-NEW CASES 502.4 Code Enforcement Division—Police Department CASE # 13-0029663 Thomas Parker 1018 Forest Circle Winter Springs Florida 32708 Sec. 6-195. Maintenance Of Fences Or Walls. Date Of Service: December 30,2013 Inspector: Jim Flannigan In presenting the Case, Corporal Flannigan submitted into Evidence "`WS-2', which is the Notice of Code Violation letter that was mailed and returned Unclaimed; `WS-3' is the Unclaimed receipt; `WS-4' is the Affidavit of Posting property and City Hall; `WS-5' is the proof of mailing of the Code (Enforcement) Board Hearing this evening." Next, Corporal Flannigan stated, "On October 1st, 2013 I received a complaint that the fence was falling and grass was overgrown. I observed the house was vacant with overgrown grass. The fence was also falling in several spots and missing slats. Notice of Code Violation was Certified Mailed to the property owner, since the house was vacant. Mail was returned Unclaimed. Property was also Posted with Notice of Code Violation on October 1St, 2013. No contact has been made with the property owner or anyone with interest to this property. The house is currently also under foreclosure. On December 30th, 2013 a Notice of Code (Enforcement) Board Hearing was Certified Mailed and returned as Unclaimed. The property was Posted on January 15th, 2014 with Notice of Code (Enforcement) Board Hearing. The grass violation was resolved, but the fence remains in Violation." Photographs from previously submitted Evidence "WS-1" were shown with further comments. Lastly, Corporal Flannigan recommended "A Finding of Fact and Relief of a hundred dollars ($100.00) per day is requested if not corrected by February 11th, 2014, retroactive to January 28th, 2014." Note: The Respondent was not present. "I MOVE TO FIND THOMAS PARKER IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL FEBRUARY 11TH, (2014) TO CORRECT THE VIOLATION. IN THE EVENT THOMAS PARKER FAILS TO COMPLY BY THIS DATE, A FINE OF A HUNDRED DOLLARS ($100.00) FOR EACH DAY, RETROACTIVE TO JANUARY 28TH, (2014) CONTINUE THERAFTER, SHALL BE IMPOSED." MOTION BY VICE-CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 28,2014 PAGE 10 OF 13 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. PUBLIC HEARINGS-NEW CASES 502.5 Code Enforcement Division—Police Department CASE# 13-0029771 CitiMortgage Inc. 1017 Walnut Creek Cove Winter Springs,Florida 32708 IPMC 108.5 Prohibited Occupancy Date Of Service: January 10,2014 Inspector: Butch West This Case was not presented to the Code Enforcement Board. PUBLIC HEARINGS AGENDA- NON-COMPLIANCE CASES PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES 503.1 Code Enforcement Division—Police Department CASE #13-0029228 Anh Nguyen And Chase Bank 629 Alton Road Winter Springs, Florida 32708 IPMC 304.2 Protective Treatment. IPMC 304.9 Overhang Extensions. Original Hearing: September 24,2013 Date Of Service: January 6, 2014 Inspector: Christi Flannigan Inspector Christi Flannigan, Code Enforcement Division, Police Department presented the Case and submitted into Evidence "`WS-l', the CD (Compact Disc); `WS-2' is the Certified Mail for the owner of record for the Code Board Order; `WS-3' is the Chase (Bank) Return Receipt for the Code Board Order; `WS-4' is Chase's (Bank) Return Receipt for Notice of Code (Enforcement) Board Hearing tonight; `WS-5' is Anh Nguyen's Certified Notice for Code Board Hearing tonight; `WS-6' is the Affidavit of Posting for the property and for City Hall." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 28,2014 PAGE 11 OF 13 Continuing, Inspector Flannigan stated "The original Hearing was September 24th, 2013. The owner was found in violation and issued an Order giving the owner until November 20th, 2013 to correct the Violation. If found in Non-Compliance, a Fine of a hundred and fifty dollars ($150.00) a day, retroactive to September 24th, 2013. The original Order included the stagnant pool and the pool enclosure. The pool has been covered and the enclosure has been locked. They were recently re-broken. The owners have been sent notice of the damage. This includes the fence panels that are broken also. The Order of Board was signed for by Chase (Bank) on September 30th, 2013. Anh Nguyen's copy was mailed on September 26th, 2013. It was returned. Notice of Hearing was mailed to Chase Bank and the owner of record and signed for by Chase (Bank) on January 6th, 2014. Anh Nguyen's is ready for pickup in Longwood per the United States Postal Service website. Notice of the Hearing was Posted at the property and City Hall on January 1st, 2014." Photographs from "WS-1" were shown with further comments. Lastly, Inspector Flannigan recommended the original Order of the Code Enforcement Board go into force and become a Lien. Discussion. "I MOVE TO FIND THE PROPERTY IN NON-COMPLIANCE AND THAT THE PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 28,2014 PAGE 12 OF 13 PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES 503.2 Code Enforcement Division—Police Department CASE #13-0029596 Russell Nielsen 255 Arnold Lane Winter Springs, Florida 32708 Sec. 13-2. (b)Junk And Debris Sec. 20-438. Parking Vehicles In Residential Front Yards And On Sidewalks Prohibited. Original Hearing: October 22, 2013 Date Of Service: January 4, 2014 Inspector: Christi Flannigan This Case was not brought before the Board. PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES 503.3 Code Enforcement Division—Police Department CASE #13-0028920 1100 Gator Lane LLC 1100 Gator Lane Winter Springs, Florida 32708 IPMC 303.2 Enclosures. IPMC 304.2 Protective Treatment. Original Hearing: April 23, 2013 Date Of Service: January 4, 2014 Inspector: Christi Flannigan This Case was not presented. REGULAR AGENDA— PART II REGULAR 600. 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—JANUARY 28,2014 PAGE 13 OF 13 ADJOURNMENT Chairperson Fisher adjourned the Regular Meeting at 6:07 p.m. RESPECTFULLY SUBMITTED: „„or- SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the February 25,2014 Code Enforcement Board Regular Meeting.