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HomeMy WebLinkAbout2014 02 25 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 25, 2014 CALL TO ORDER The Regular Meeting of Tuesday, February 25, 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. In regards to Agenda Changes, Assistant to the City Clerk Sean Beaudet noted that PUBLIC HEARINGS—NEW CASES "502.2"would not be presented tonight. Assistant to the City Clerk Beaudet swore in those who would be providing Testimony during tonight's Meeting. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 25,2014 PAGE 2 OF 9 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 January 28, 2014 Code Enforcement Board Regular Meeting Minutes. "I WILL MAKE A MOTION TO APPROVE THE MINUTES." MOTION BY BOARD MEMBER WENTZ. SECONDED BY VICE-CHAIRPERSON ROERO. DISCUSSION. BOARD MEMBER MAURICE KAPROW ASKED ABOUT THE WORDING OF THE MOTION AS HE BELIEVED IT SHOULD HAVE SAID, "I WILL MAKE A MOTION TO APPROVE." ASSISTANT TO THE CITY CLERK BEAUDET NOTED THAT HE WOULD RELISTEN TO THE RECORDING TO VERIFY THAT THE MOTION WAS CORRECT AND ASSURED THE CODE ENFORCEMENT BOARD THAT THEY COULD STILL APPROVE THE MINUTES WITH THE DISCUSSED CHANGES, IF NECESSARY. 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 OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 25,2014 PAGE 3 OF 9 REPORTS REPORTS 400. Office Of The City Attorney No Report. REPORTS 401. Code Enforcement Division—Police Department No Reports were given. REPORTS 402. Office Of The City Clerk No Report. REPORTS 403. Code Enforcement Chairperson No Report was given. REPORTS 404. Code Enforcement Vice Chairperson No Report. 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 OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 25,2014 PAGE 4 OF 9 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# 13-0029812 Kimberly France 315 Panama Road Winter Springs, Florida 32708 Sec. 13-2.Junk And Debris Date Of Service: February 11, 2014 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) of tonight's presentations; `WS-2' is the Affidavit of Posting of the property; `WS-3', which is the United States Postal Service confirmation of the delivery of the Violation; `WS-4', which is the Code Board Mail Receipt; and `WS-5', which is the signed delivery green card for the Code Board (Hearing)." Continuing, Corporal Flannigan stated, "On December 5th, 2013 I observed appliances and other debris being stored outside in the front yard. I also observed a roll off dumpster in the driveway that appeared to be full. Notice of Code Violation was Certified Mailed to the property owner. It was delivered on January 7th, 2014. The only contact with anyone from the residence was when I was stopped around the corner, when I was driving down the road by a lady claiming to live there. Due to the fact that we were in the car and other traffic, I told her to give me a call and we can discuss it, because it was going to Code (Enforcement) Board this week. I haven't heard from her since. The property has been checked several times. New debris has been observed in the front yard and back yard through an open fence. The dumpster is still present and full. There has been no indication since December 5 ', when it was originally observed that it has been emptied of the debris. CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 25,2014 PAGE 5 OF 9 Debris remains on the property. Notice of Code Board Hearing was Certified Mailed on February 14th, 2014 and it was delivered on February 7th, 2014." Note from the Assistant to the City Clerk: The dates noted in the last sentence shown above were stated incorrectly — the statement should have read, "Notice of Code Board Hearing was Certified Mailed on February 7th, 2014 and it was delivered on February 14th, 2014. " Photographs from"WS-1"were shown with further comments. Lastly, Corporal Flannigan recommended "A Finding of Fact and Relief (Order) of a hundred dollars ($100.00) per day is requested, if not corrected by March 7th, 2014 retroactive to today—February 251h, 2014." Board Member Matthew Criswell asked if the home was new or the owners were vacating the residence. Corporal Flannigan responded, "No. The only indication I got from the owner, when she stopped me on the side of the road — she said that they were remodeling the house. But, there have been no indications of that." Note: The Respondent was not present. Further, Board Member Jim Wentz pointed out that the address on the Agenda references Panama Road, but the previously submitted Evidence references Panama Circle. Assistant City Attorney Kate Latorre confirmed with Corporal Flannigan that the property is on Panama Circle, the Notices provided to the owner contain the correct address on Panama Circle, and believed since all Notices were provided at the correct address that this was sufficient to proceed. "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MARCH 7TH, (2014) TO CORRECT THE VIOLATION. IN THE EVENT 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, RETROACTIVE TO FEBRUARY 25, 2014." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 25,2014 PAGE 6 OF 9 VOTE: BOARD MEMBER KAPROW: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.2 Code Enforcement Division—Police Department CASE # 13-0029771 CitiMortgage Inc. 1017 Walnut Creek Cove Winter Springs, Florida 32708 IPMC 108.1.3 Structure Unfit For Human Occupancy Date Of Service: February 12, 2014 Inspector: Butch West The 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# 13-0029596 Russell Nielsen 255 Arnold Road Winter Springs, Florida 32708 Sec. 13-2.Junk And Debris Sec. 20-438. Parking Vehicles In Residential Front Yards And On Sidewalks Prohibited. Original Hearing: October 22, 2013 Date Of Service: February 11,2014 Inspector: Christi Flannigan Inspector Christi Flannigan, Code Enforcement Division, Police Department presented the Case and submitted into Evidence, "`WS-1', the CD (Compact Disc); `WS-2', Certified Mail for the Code Board Order; `WS-3', is the Affidavit of Posting; `WS-4', is the United States Postal printout for the Code Board Notice." CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 25,2014 PAGE 7 OF 9 Continuing, Inspector Flannigan noted, "The original Hearing was October 22, 2013. There was an Order issued giving the owner until November 13th, 2013 to correct the Violations. If not corrected, a Fine of fifty dollars ($50.00) a day retroactive to October 22nd, 2013. Code Board Order was mailed on October 23rd, 2013 and United States Post Office website shows that the Notice was delivered on November 18th. Notice of Hearing for tonight's meeting was mailed on February 10th, 2014. According to the United States Post Office website, the Notice was left. There was no authorized recipient available on February 12th, 2014. Notice of Hearing was Posted at City Hall and the property on February 11th, 2014. There has been no contact from the owner and no changes in the Violations." Photographs from"WS-1"were shown with further comments. Concluding her testimony, Inspector Flannigan recommended the original Order of the Code Enforcement Board 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 THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER GILTZ. 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 OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—FEBRUARY 25,2014 PAGE 8 OF 9 PUBLIC HEARINGS AGENDA—NON-COMPLIANCE CASES 503.2 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 24, 2013 Date Of Service: February 11, 2014 Inspector: Christi Flannigan Note from the Assistant to the City Clerk: The date noted above is what was noted on the Agenda but as shown in the following documented comments, the date of April 23rd, 2013 is when the Case was originally heard, not the April 24`h, 2013 date. Inspector Flannigan presented the Case and submitted into Evidence, "`WS-1', the CD (Compact Disc) for tonight; `WS-2' is the Return Receipt for the Code Board Order; `WS-3' is the United States Postal Service, Code Board Notice; `WS-4', is the Certified Notice for the Code Board Hearing; `WS-5' is the Affidavit of Posting." Next, Inspector Flannigan stated, "April 23r1, 2013, the Case was originally heard and found in Violation. The owner was given until May 15th, 2013 to correct the Violations. If found in Non-Compliance, a Fine of a hundred dollars ($100.00) a day retroactive to April 23rd would be imposed. The Order of the Board was signed for by Robert Jennings and Samuel Etzen. Notice of Hearing was posted at the property and City Hall on February 11th, 2014. The Notice of Hearing was also mailed on February 7th, 2014. According to the Unites States Postal Service website, on February 11th, 2014 the Notice was left and there was no authorized recipient available. There have been no improvements made to the property. Also, there has been no contact from the owners." Photographs from"WS-1"were shown with further comments. Concluding her testimony, Inspector Flannigan recommended the original Order of the Code Enforcement Board be entered as a Lien. Discussion. Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON-COMPLAINCE AND THAT THE PENALTY SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—FEBRUARY 25,2014 PAGE 9 OF 9 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 AGENDA REGULAR 600. Not Used PUBLIC INPUT Chairperson Fisher opened "Public Input". No one spoke. Chairperson Fisher closed "Public Input". ADJOURNMENT Chairperson Fisher adjourned the Regular Meeting at 5:50 p.m. RESPECTFULLY SUBMITTED: SE BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the March 25,2014 Code Enforcement Board Regular Meeting.