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HomeMy WebLinkAbout2014 04 22 Consent 300 Unapproved Minutes from the March 25, 2014 Regular Meeting CITY OF WINTER SPRINGS, FLORIDA w MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 25, 2014 CALL TO ORDER The Regular Meeting of Tuesday, March 25, 2014 of the Code Enforcement Board was called to Order by Vice-Chairperson Gregg Roero at 5:31 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, absent [Excused] 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 Attorney Debra Babb-Nutcher, present Assistant to the City Clerk Sean Beaudet, present Vice-Chairperson Gregg Roero noted "(Chairperson) Hugh Fisher had an excused absence." Next, a moment of silence was led by Vice-Chairperson Roero for the local police officers whom recently passed in the line of duty, which was followed by the Pledge of Allegiance. In regards to Agenda Changes, Captain Chris Deisler, Code Enforcement Division, Police Department noted that PUBLIC HEARINGS — NEW CASES "502.1" and PUBLIC HEARINGS — NEW CASES "502.2" would not be presented, as they were in compliance prior to the meeting. 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 CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 25,2014 rara PAGE 2 OF 12 INFORMATIONAL AGENDA =Led INFORMATIONAL 200. Not Used PUBLIC INPUT Vice-Chairperson Roero opened "Public Input". No one addressed the Code Enforcement Board. Vice-Chairperson Roero closed "Public Input". CONSENT AGENDA CONSENT 300. Office Of The City Clerk Requesting The Code Enforcement Board Review And Approve The February 25, 2014 Code Enforcement Board Regular Meeting Minutes. Assistant to the City Clerk Beaudet said, "Board Member Kaprow did note that there was a `p' missing in `approve' in the February Minutes, under the approval of the January (2014) Minutes. So, I'll make that change and if you are good with that, then you can approve? Or if there are any other changes?" "I WILL MAKE A MOTION TO APPROVE THE MINUTES FROM LAST MONTH." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE BOARD MEMBER WENTZ: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 25,2014 �..� PAGE 3 OF 12 his REPORTS a"-'- REPORTS 400. Office Of The City Attorney No Report. REPORTS 401. Code Enforcement Division—Police Department Captain Deisler thanked Vice-Chairperson Roero for the kind words in remembrance of the fallen police officers from the nearby agencies and expressed similar condolences. Next, Captain Deisler gave a brief update on the recently passed On-Street Parking Ordinance. Vice-Chairperson Roero gave some statistics on the number of Law Enforcement Officers killed in the line of duty in the State of Florida. REPORTS 402. Office Of The City Clerk Assistant to the City Clerk Beaudet pointed out that the Code Enforcement Board meeting in August of this year falls on the same day as the Primary Elections, and asked if the Code Enforcement Board would like to address this now. Vice-Chairperson Roero and Board Member Criswell agreed that it would be best to address the date of the meeting as it approaches later in the year, as it was months away. No objections were noted. Following, Assistant to the City Clerk Beaudet reminded the Board Members that the original Orders of the Code Enforcement Board for Non-Compliance Cases are being included by Code Enforcement Division Staff in the Agenda Items which will help answer any questions you may have. Also related to Non-Compliance Cases, Assistant to the City Clerk Beaudet shared that, Chairperson Hugh Fisher thought it would be helpful to have included with Agenda Items, the Minutes from when a Case was previously heard. With further comments, Assistant to the City Clerk Beaudet noted, "I believe that Code Enforcement (Division) already reviews the Minutes and they put the Agenda Items together; and they can put that in with the Orders and all the Affidavits and so forth." CITY OF WINTER SPRINGS,FLORIDA MINUTES 1:=1 CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 25,2014 cairow PAGE 4 OF 12 Vice-Chairperson Roero stated, "1 think that would give a fairer view of what we are dealing with and refresh our memory to any problems." Board Member Criswell added, 1:2■4 "I agree." The other Board Members nodded in agreement. ase::4 Vice-Chairperson Roero asked the Code Enforcement Board, "Do we have a It= Consensus?"No objections were noted. 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 were given. 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-MARCH 25,2014 r PAGE 5 OF 12 PUBLIC HEARINGS AGENDA- NEW CASES + PUBLIC HEARINGS-NEW CASES reMen 502.1 Code Enforcement Division—Police Department CASE # 14-0029982 Kelly Airhart 209 Charles Street Winter Springs, Florida 32708 Sec. 20-438. Parking Vehicles In Residential Front Yards And On Sidewalks Prohibited Date Of Service: March 6, 2014 Inspector: Christi Flannigan The Case was not presented to the Code Enforcement Board. PUBLIC HEARINGS-NEW CASES 502.2 Code Enforcement Division—Police Department CASE # 14-0029901 Atlas Group LLC 111-117 Lori Anne Lane Winter Springs, Florida 32708 IPMC 304.2 Protective Treatment. IPMC 304.8 Decorative Features. IPMC 304.14 Insect Screens. Date Of Service: March 6,2014 Inspector: Christi Flannigan The Case was not presented to the Code Enforcement Board. PUBLIC HEARINGS-NEW CASES 502.3 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: March 7,2014 Inspector: Butch West Inspector Butch West, Code Enforcement Division, Police Department presented the Case and testified, "In the original complaint, the exterior walls on this house were cracked and larger portions had fallen off—was received in March 2013. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD Icara� REGULAR MEETING-MARCH 25,2014 PAGE 6 OF 12 The Case was heard by the Code Board and found to be in violation. The owners then contacted me, advising they were in the process of making repairs and had a contract with a builder to replace the exterior facing and repair the patio support. They asked for time to make repairs. Those repairs were never made and the owners eventually stopped communicating with me. The house was set for auction, but was not sold and the Deed remained in the original name of the owners. In August 2013, it came to my attention that CitiMortgage Incorporated was now listed as the owner. Between September and October of 2013, I spoke with two (2) representatives of CitiMortgage who insisted that the bank intended to make repairs and asked for time to accomplish this. I agreed to thirty(30) days. Repairs were not made and subsequent calls to CitiMortgage representatives went unreturned. On November 1st, 2013 the City Inspector determined that the house was unsafe for human occupancy and posted a Notice advising that permits and engineering plans were going to be required before repairs could begin. A Notice of Code Violation was mailed to CitiMortgage Company, the new owner, on November 5th, 2013 giving them ten (10) days to correct the violation. According to the USPS (United State Postal Service) tracking site, it was received and signed for on November 12th, 2013. There was no response to emails or phone messages that I left. Our Case records show that on December 3rd, 2013 Code Inspector Christi Flannigan responded to a complaint that work was being done on the house without the proper permits. She reported making contact with a Contractor who said he did not know about the Notice posted by the Building Inspector, but would cease work and obtain the necessary permits before he began work on the property again. On the evening of January 28th, (2014), I met with an Attorney representing CitiMortgage in the lobby of City Hall. She told me that Permits had been applied for, but the City had denied them. I told her I would check on the status of these Permits. I also told her that I would have to see significant progress from CitiMortgage in making these repairs or I would set the Case for a Hearing in February. She advised me that she understood and took my contact information. On January the 29th, (2014), I received a phone message from a Mr. Tad Smith, advising he was assigned to resolve the Case. I made several attempts to contact Mr. Smith on January 29th, (2014) and again on the 31St, (2014). Although I left numerous voicemail messages, I never received a call back from Mr. Smith. CITY OF WINTER SPRINGS,FLORIDA MINUTES r—.l CODE ENFORCEMENT BOARD Y�� REGULAR MEETING-MARCH 25,2014 PAGE 7 OF 12 I, also on January 29th, (2014), received an email from a Chris Abercrombie identifying i=l--s himself as the Attorney assigned to this Case and providing his contact information. I ' immediately replied to Mr. Abercrombie's email advising him of my unsuccessful attempts to contact Mr. Smith and that it was urgent I speak to someone in person, to find out what the proposed time table might be for making repairs. I further advised him that I had checked with the City permitting department in reference to the Permits. I was told had been denied, and found that the City has not denied any Permits. In fact, there is no record of any Permit requests being made to the City. On February 2nd, (2014), having received no reply from Mr. Abercrombie, I was unable to contact Mr. Smith. I sent Mr. Abercrombie a second email detailing the situation at the property and advising that I needed to know what CitiMortgage's plans were going forward. I advised him this was an urgent matter and I needed to speak with someone who could provide answers to the questions I had asked previously. I provided him contact information for City Building Officials, the permitting department, Code Enforcement Bureau, and included my personal cell phone number. To date, I have not received any response to this email. On February 4th, (2014), I received an email from a Ms. Yolanda Brown, who identified herself as the final Title Coordinator and employed by a firm called Morris, Hardwick, and Schneider (LandCastle Title) — representing CitiMortgage. Ms. Brown provided me with the same contact information from Mr. Tad Smith and the email addresses for approximately nine (9) other individuals, any one of whom she said I could contact about the property. I replied that same day advising Ms. Brown that I had not received a call back from Mr. Smith, despite repeated attempts. I advised her I would be going forward with the Code Board Hearing. To date, I have not received a reply to this email." Photographs were shown with additional comments. Concluding his presentation, Inspector West stated, "My recommendation is that CitiMortgage be given thirty (30) days to obtain the proper Permits and make all necessary repairs to correct the Violation; and submit to any and all inspections required by City Building Officials. If the owners are subsequently found in Non-Compliance, I am recommending a Fine of two hundred and fifty dollars ($250.00) a day, retroactive back to November 12th, (2014), when they were first notified of the problems on this property." Ms. Nicole Kahl, Esquire, Morris, Hardwick, Schneider and LandCastle Title, 5110 Eisenhower Boulevard, Suite 302A, Tampa, Florida: representing CitiMortage and testified "Citi(Mortgage) did previously, as Officer West stated, hire a licensed Contractor to complete some of the repairs on the property. That Contractor was subsequently removed from the property. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 25,2014 PAGE 8 OF 12 reargl Our intention is to repair the property. However, we have been unable to get a Contractor on the property. Understanding what Officer West said, if we could just request more time to get the Permits. Thirty (30) days — if we can request more time than that. Maybe forty five (45) to sixty(60) days?" warzt Board Member Jim Wentz clarified, "You are asking for sixty (60) days to just obtain the Permits? What about to complete the repairs?" Ms. Kahl replied, "Then, we would need more time to repair after that. But, we need time to get the Permits". Board Member Wentz followed by asking "So, do you have a Contractor lined up to do the repairs?" Ms. Kahl replied"No." Discussion. Captain Deisler added, "I don't have any problem at all working with them to get the modifications made and the repairs done. That is an unspoken. I can also help facilitate them to get Permits they need. But, I would ask you to keep in mind, not delaying any sort of Finding of Fact in this Case. So that we can proceed to Non-Compliance, should this not move in the manner, in which we both intend." Discussion ensued on Code Enforcement Staff providing a progress report on the property to the Code Enforcement Board, should repairs not be made in the coming weeks. Furthermore, Board Member Wentz inquired if the building was even repairable. Inspector West answered that it was repairable, but that the Building Official would like to see engineering drawings when the Permits are applied for, to ensure its structural integrity. Discussion. Board Member Maurice Kaprow asked if the chimney posed a public safety hazard. Captain Deisler remarked that he did not believe that it was a public safety hazard. Mr. West agreed, but would ask a Building Inspector to further assess the chimney. Board Member Kaprow also requested if the Code Enforcement Staff would give the Code Enforcement Board progress reports, as the repairs to the property unfold. Captain Deisler agreed and noted it would be addressed under their Reports. Further discussion on time to repair and a Finding of Fact. Inspector West submitted into Evidence "WS-1", which were the presentations of the Cases. Mr. Bob Sibley, 233 Tavestock Loop, Winter Springs, Florida: as the Vice President of the Parkstone Homeowners Association, Mr. Sibley noted the condition of the home was deplorable; it has been an issue for more than two (2) years; that he had been in contact with numerous individuals connected with CitiMortgage; the Homeowners Association can do nothing about the home; and they were hoping the Code Enforcement Board would decide to set a short time frame for repairs. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 25,2014 c_� PAGE 9 OF 12 Discussion. "I MOVE TO FIND THE RESPONDENT, CITIMORTGAGE AT ADDRESS 1017 WALNUT CREEK COVE, IN VIOLATION OF THE CITY CODE AND ORDER THAT THEY BE GIVEN THIRTY (30) DAYS FROM TODAY TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER KAPROW. DISCUSSION. 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 MOTION CARRIED. PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES 503.1 Code Enforcement Division—Police Department CASE # 13-0029644 Jason Savoie 1204 Deer Run Winter Springs Florida 32708 Sec. 20-434.Authorized Commercial Vehicles In Residential Areas Original Hearing: October 22, 2013 Date Of Service: March 4,2014 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 Return Receipt for Code Board Violation of the original Hearing. The owner was notified of the Finding of Fact and Relief of the original Hearing; `WS-3', which is the United States Postal Service copy, which is the Code Board Notice for this evening, was not claimed; `WS-4' is the Return Receipt for the Code Board Notice; and `WS-5' is the Affidavit of Posting at the property and at City Hall of tonight's Code Board Hearing. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 25,2014 PAGE 10 OF 12 In addition, Corporal Flannigan stated, "This Case was originally heard before the Code (Enforcement) Board on October 22, 2013. At that meeting, the Board determined that Mr. Savoie was found to be storing commercial vehicles on his property. He was given a Finding of Fact with a hundred dollar ($100.00) per day, if the Violation reoccurs. Mr. Savoie was present at the Code (Enforcement) Board meeting. He also received Certified Mail, copy of the Code Board Order on November 13, 2013. On March 4, 2014, I Certified mailed Mr. Savoie a Code Board Notice of Non- Compliance with this Order. The United States Postal Service left Notice on March 6, 2014 and it has not been claimed. On March 13, 2014, I Posted the Notice at 1204 Deer Run and at City Hall with Notice of the Code Board Hearing." Photographs from previously submitted"WS-1"were shown with further comments. Continuing, Corporal Flannigan said, "I had received additional complaints that this vehicle had been kept on the property overnight and removed first thing in the morning. I did go by there on several occasions since it was dark out. I did see the vehicle,but by the time I got back there during the day to take a picture of it, it was gone. On March 4th, 2014 I was able to observe the commercial vehicle parked in the driveway at six o' clock in the morning. I went back at 8:21 a.m. and took a picture of the truck, in better lighting conditions and the vehicle was still present in the driveway." Corporal Flannigan concluded the presentation with a recommendation that the original Order of the Code Enforcement Board be entered as a Lien. Mr. Daniel Lanier, 1204 Deer Run Drive, Winter Springs, Florida: "I'm representing my Uncle Jason Savoie. We live at the same residence. The commercial vehicles belong to me. I'm taking full responsibility. The commercial vehicle was stored. It was a mistake on my behalf. It will never happen again. I do have proof of a storage facility that I've had since November. It is currently stored there." Board Member Wentz inquired as to why he was not utilizing the storage facility. Mr. Lanier testified that he parked the commercial vehicle at the residence for two (2) days a couple weeks ago, due to being fatigued from work. Board Member Kaprow expressed his concern that this was a habitual violation. Mr. Lanier said "I would like to ask to see a picture of— after my last hearing, of the truck being at my property more than a couple times —two (2) times, because it wasn't." Corporal Flannigan replied, "As I testified, I had gotten complaints about it. But, by the time I got out there, the vehicle was not there. That is why there are no pictures of it." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—MARCH 25,2014 PAGE 11 OF 12 Attorney Debra Babb-Nutcher added, "Since the Officer testified that he has made some observations of the vehicle being present after the previous Hearing and the Respondent has admitted to two (2) occasions of the vehicle being there, technically then the testimony is reflecting two (2) days of Non-Compliance." Board Member Criswell asked if a Lien could be assessed to the commercial vehicle. Attorney Babb-Nutcher remarked that that would not be permissible. Board Member Carol Giltz expressed her concern with filing the original Order as a Lien, as it would have been a daily accrual and would have been excessive. Tape 1/Side B Discussion. Vice-Chairperson Roero was concerned that this could potentially occur again. Attorney Babb-Nutcher clarified, "They will now be in Repeat Violation if it happens again." Board Member Matthew Criswell followed by asking, "Can there be a different monetary value for the Repeat. If the Board were to find him in Violation today, they could set forth a different fine value for the future?" Attorney Babb-Nutcher assured that the Fine amount could be raised and is the decision of Code Enforcement Board to do so. "I MOVE TO FIND THE PROPERTY IN NON-COMPLIANCE AND THAT THE PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE FOR TWO (2) DAYS; AND SHOULD BE IMPOSED CONSISTENT WITH THAT ORDER; AND ANY FUTURE VIOLATIONS, A PENALTY OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER VIOLATION." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER WENTZ: AYE VICE-CHAIRPERSON ROERO: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—MARCH 25,2014 PAGE 12 OF 12 farol PUBLIC INPUT Vice-Chairperson Roero opened "Public Input". r..A No one spoke. Vice-Chairperson Roero closed "Public Input". ADJOURNMENT Vice-Chairperson Roero adjourned the Regular Meeting at 6:22 p.m. RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the ,2014 Code Enforcement Board Regular Meeting.