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HomeMy WebLinkAbout2014 05 27 Consent 300 Unapproved Minutes from the April 22, 2014 Regular Meeting CITY OF WINTER SPRINGS, FLORIDA r.i. � MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 22, 2014 C,-. sacti CALL TO ORDER �-- The Regular Meeting of Tuesday, April 22, 2014 of the Code Enforcement Board was called to Order by Chairperson Hugh Fisher at 5:33 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, arrived at 5:34 p.m. 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, absent [Excused] Senior Attorney Kimberly R. Kopp, present Deputy City Clerk Sarah J. Hart, present Assistant to the City Clerk Sean Beaudet,present Vice-Chairperson Gregg Roero arrived at 5:34 p.m. Chairperson Fisher noted that, "Board Member Wentz will not be here this evening. He did let us know that. So, his absence will be `Excused' tonight." A moment of silence was followed by the Pledge of Allegiance. Captain Chris Deisler, Code Enforcement Division, Police Department requested that REGULAR ITEM "600"be heard first, as there were individuals wishing to address the Code Enforcement Board for the Hearing. No objections were noted. Assistant to the City Clerk Sean 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-APRIL 22,2014 PAGE 2 OF 16 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 March 25, 2014 Code Enforcement Board Regular Meeting Minutes. Chairperson Fisher inquired, "Do I have a Motion to approve the Minutes?" "SO MOVED." BOARD MEMBER KAPROW. 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 MOTION CARRIED. REPORTS REPORTS 400. Office Of The City Attorney Senior Attorney Kimberly R. Kopp introduced herself and informed the Code Enforcement Board that she would be representing the City at their meetings. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 22,2014 ��rr'�--.����. PAGE 3 OF 16 ��+.../ REPORTS 401. Code Enforcement Division—Police Department As was requested by the Code Enforcement Board at the last meeting, Captain Deisler informed the Members that an update on 1017 Walnut Creek Cove would be addressed during PUBLIC HEARINGS—NON-COMPLIANCE CASE "503.1". 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 were given. ❖❖ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT,AS DOCUMENTED. •• CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 22,2014 g„ PAGE 4 OF 16 ii=i REGULAR AGENDA REGULAR 600. Code Enforcement Division—Police Department CASE # 12-0027758 asemel Michelle And John Weiss 1125 Ermine Avenue Winter Springs, Florida 32708 Sec. 2-61.5.Application For Satisfaction Or Release Of Code Enforcement Liens. Original Hearing: August 21, 2012 Non-Compliance Hearing: February 26,2013 Inspector: Christi Flannigan Inspector Christi Flannigan, Code Enforcement Division, Police Department briefly covered the process outlined in the Winter Springs' Code of Ordinances to which Applicants may apply for a reduction or satisfaction of a Code Enforcement Lien. Photographs were shown from Evidence "WS-1" with additional comments. Next, Inspector Flannigan noted, "The amount of the Lien is approximately one hundred and seventy-two thousand nine hundred ninety-two dollars and forty-two cents ($172,992.42). That is as of April 14t1i. The recommendation by Code Enforcement is that the Lien not be reduced any lower than a total of one thousand two-hundred ninety- six dollars and thirty cents ($1,296.30). This amount is for the cost of Code Enforcement personnel time, mailing fees, past administrative amounts of a hundred and fifteen dollars and seventy-four cents ($115.74), and a grass cutting Lien for seventy-six dollars and seventy-one cents ($76.71)." Inspector Flannigan submitted "`WS-1', which is the CD (Compact Disc) of the presentations for today." Discussion. Following, Captain Deisler noted that the Applicant's Realtor, Mr. Scott Jones, was present to testify on behalf of the Applicant; considerable work had already been completed on the property; the property has been attended to by the neighbors; and that he would like to see the property inhabited rather than sit vacant. Mr. J. Scott Jones, Owner, J. Scott Jones Realtors, 110 North Orlando Avenue, Suite 12, Maitland, Florida: "I am the listing agent on this property. The owners are basically long gone. They got a divorce roughly four years ago. She left and the Judge awarded him the house and awarded him the debt. So, she took off like this isn't her problem anymore. He lost his job and was unemployed, until about a month ago. Now he is working as kitchen staff in a restaurant. She has moved out of Winter Springs. He has moved out of Winter Springs. They are long gone. He no longer even has keys to the property. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—APRIL 22,2014 r•WIN-� PAGE 5 OF 16 All the work that has been done,has been done by myself, Maribel Zimeri, the buyer, and the neighbors. Everybody has chipped in for the good of the neighborhood. Maribel lives CAstots in Tuscawilla. So, she has a vested interest. I've been selling homes in Tuscawilla since they started building it. We are just trying to get it sold, so you can get a new owner in caver there that is going to finish cleaning it up. He's paid for the work that had to be done, which is very, very unusual. I don't know of any other Realtors that go and start fixing up people's houses in a short sale." Further comments. Addressing the Code Enforcement Board, Captain Deisler stated, "One of the options available to you is a Release with conditions and that is what I'm going to suggest. I understand that the buyer intends to homestead it and move here and live in it. That is step number one (1). If that condition is not met, then the deal is done and I would ask that any paperwork or agreement that are drawn up to affect, that the language is clear. If the property is not homesteaded by the potential buyer, then the deal is off." Board Member Matthew Criswell asked Mr. Jones how long the transaction could take. Mr. Jones replied, "The short sale was cancelled because it dragged on so long. But they said, `If you can get the Lien removed, we'll be glad to restart it immediately.' So, I would say we are looking at from the day the Lien comes off— probably thirty (30) to forty (40) days. The buyer is willing to continue in maintaining the lawn." Further discussion ensued on ensuring that the property stays in Compliance during the Lien Reduction process; and then Captain Deisler stated, "I believe we need to make sure we focus on a Partial Release of Lien as it relates to this property only. I think if you Release the Lien, you Release the Lien on the person's other real property that they own and we don't want to do that. I just want this house freed up." Chairperson Fisher clarified the conditions of the Partial Release to be that, "The property be homesteaded by the buyer and that the City be reimbursed for expenses totaling one thousand two hundred ninety-six dollars and thirty cents ($1,296.30)..." Captain Deisler added, "...And furthermore that the property be maintained so that it doesn't go into Violation for anything else." "I WOULD MOVE THAT THE LIEN ON THIS PROPERTY PARTIALLY BE REDUCED TO ONE THOUSAND TWO HUNDRED NINETY-SIX DOLLARS AND THIRTY CENTS ($1,296.30), SUBJECT TO THE FOLLOWING CONDITIONS: (1) THAT THE PROPERTY BE HOMESTEADED BY THE BUYER; (2) THAT THE PROPERTY BE MAINTAINED APPROPRIATELY, UNTIL SUCH TIME THAT CLOSING CONTINUES; (3) THAT THE PROPERTY CONTINUES TO REMAIN CODE COMPLIANT; (4) AND WE GIVE SIXTY (60) DAYS — IF THE SALE DOESN'T TAKE PLACE WITHIN SIXTY (60) DAYS, THEN THIS IS RESCINDED." MOTION BY BOARD MEMBER KAPROW. SECONDED BY VICE-CHAIRPERSON ROERO. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 22,2014 PAGE 6 OF 16 RELATED TO QUESTIONS ABOUT HOW LONG THE APPLICANT HAS TO PAY THE LIEN REDUCTION, ASSISTANT TO THE CITY CLERK BEAUDET EXPLAINED THAT AFTER THE CODE ENFORCEMENT BOARD'S RECOMMENDATION, "IT WOULD GO TO CITY COMMISSION. ONCE IT IS APPROVED, THE APPLICANT HAS THIRTY (30) DAYS TO PAY. IF NOT, THEY HAVE TO GO A YEAR AND THEN THEY CAN APPLY AGAIN. SO, THEY HAVE THIRTY (30) DAYS TO PAY THAT, AFTER CITY COMMISSION'S FINAL SAY." VOTE: BOARD MEMBER KAPROW: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. Chairperson Fisher noted the Code Enforcement Board's willingness to work "Easily and expeditiously as possible" with residents in such instances. Next, Captain Deisler requested the Code Enforcement Board hear PUBLIC HEARING — NON-COMPLIANCE CASE "503.1 next, as representatives of the Respondent were in attendance. No objections were noted. •• AGENDA NOTE: PUBLIC HEARINGS AGENDA — NON-COMPLIANCE CASES "503.1" WAS DISCUSSED NEXT,AS NOTED. •• PUBLIC HEARINGS AGENDA- NON-COMPLIANCE CASES PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES 503.1 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: April 10, 2014 Inspector: Butch West Inspector Butch West, Code Enforcement Division, Police Department presented the Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 22,2014 �,. ., PAGE 7 OF 16 � '- l�4 Introducing this Case, Inspector West noted that this Case was heard last month and remarked, "A CitiMortgage representative was present at the Code Board Meeting.CitiMortgage also received a copy of the Code (Enforcement) Board's Order. It was mailed by the City Clerk's Office and shows it was received on April 3rd, 2014. ,` On April 10th, 2014 I mailed to CitiMortgage by Certified Mail a Code Board Notice of this Non-Compliance Hearing. On the same date, I Posted Notice of this Code Board ,n Hearing at the property, 1017 Walnut Creek Cove, and at City Hall." Photographs were shown from previously submitted"WS-1". Continuing, Inspector West noted, "As of this date, no Permit Applications have been filed and the property remains in Violation. I therefore recommend that this property be found in Non-Compliance and any Fines ordered by the Board to be filed as a Lien." "WS-2",proof of delivery of the Notice of Hearing, was also submitted into Evidence. Ms. Nicole Kahl, Esquire, Morris, Hardwick, Schneider and LandCastle Title, 5110 Eisenhower Boulevard, Suite 302A, Tampa, Florida: as a representative from CitiMortgage, Ms. Kahl said, "Safeguard is working on a Notice of Commencement to get to Citi, so we can sign and Citi can return as soon as possible. There has been communication with Officer West, as he requested of us last time. So, we are just requesting an extension and that no Fines be imposed at this time. We are working diligently to resolve this situation. We have a new vendor, which we relayed to Officer West and a new contractor. There have been open lines of communication, which is part of what we were told to do last time." Board Member Criswell noted, "Sometimes `open' is relative. What does `open' mean for you? How often have you spoken to Inspector West?" Ms. Kahl deferred to Inspector West who stated, "What I was looking for and what I have numerous times told representatives of CitiMortgage, is that we need communication that is productive. We need to know something is being done. Instead the communication I've gotten has been repeatedly asking me the same questions. I've had to do this several times. They did have a vendor, who I found out later was not licensed in the City, and the discussion between he and I basically resulted in him telling me that he knew how to obtain Permits and I didn't need to tell him how to obtain Permits; and that he wasn't going to go to the Building Department and find out what they needed. So, my last communication a week ago was to them that they needed to acquire a local vendor; someone who is licensed in the City, that could pull Permits; and I asked if they had the drawings that were required — the City Building Inspector specifically said, `We need Engineering drawings to show what repairs you are going to make'. That question has not been answered. The City tells me no Permits have been applied for." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—APRIL 22,2014 PAGE 8 OF 16 Much discussion continued. Next, Board Member Carole Giltz noted that with no Permits being pulled for the property, as was agreed to at a previous Hearing, she did not believe any progress had been made. Board Member Criswell added that Engineering drawings needed to be submitted to obtain the Permits, which did not seem to be done; that Engineering drawings needed to be submitted before a Notice of Commencement; and that they were not completing paperwork correctly. Continuing the discussion, Board Member Maurice Kaprow pointed out that the Code Enforcement Board gave the Respondent thirty (30) days to make some progress and none had been made to this point. Vice-Chairperson Roero was also concerned that the condition of the house was a public safety hazard to those in the community. Mr. Michael Radka, President, Parkstone Homeowners Association, 423 Sandringham Court, Winter Springs, Florida: thanked the Code Enforcement Board Members for their service; was concerned inclement weather could cause damage to the adjacent homes from debris; believed it was a danger to residents in the neighborhood; and supported Staff's recommendation to lien the property. Lastly, Ms. Kahl requested a lower Fine amount per day, if the Code Enforcement Board was going to lien the property. "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 GILTZ. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. Tape 1/Side B VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: 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—APRIL 22,2014 PAGE 9 OF 16 IlruZdfal PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS—CONTINUED CASES 500.1 Not Used -tea PUBLIC HEARINGS AGENDA- REPEAT CASES PUBLIC HEARINGS—REPEAT CASES 501.1 Not Used Next, Captain Deisler requested the Code Enforcement Board hear PUBLIC HEARING — NEW CASE "502.3" next, as the Respondent was in attendance. No objections were noted. ❖❖ AGENDA NOTE: THE FOLLOWING "PUBLIC HEARINGS AGENDA — NEW CASES" AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. ❖• PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS—NEW CASES 502.3 Code Enforcement Division—Police Department CASE # 14-0030101 Hector R. Rivera 120 North Edgemon Avenue Winter Springs, Florida 32708 Sec. 20-431 Parking, Storage Or Maintenance Of Certain Vehicles Prohibited In Residentially Zoned Districts. Date Of Service: April 10,2014 Inspector: Butch West Inspector West presented this Case and noted that Evidence "WS-1" was previously submitted. To start, Inspector West noted, "A written warning for the Violation of parking in the front yard was Posted on this property by Officer Jim Flannigan on 23 December 2013. On February 3rd, 2014, after I observed vehicles parked in the front yard, I spoke to the resident, Ms. Lucy Rivera, and issued her a second written warning; and spent approximately thirty(30) minutes with her explaining the City Code. A brochure on how to construct a Designated Parking Area next to the driveway was also provided. During our conversation, Ms. Rivera told me that she was not the homeowner — that the homeowner was a relative of hers that was living in Puerto Rico. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 22,2014 PAGE 10 OF 16 carom On February 20, 2014 I again observed vehicles parked in the front yard. I again made contact with Ms. Rivera, who told me she was trying to control the parking, but the other residents would not obey her. I again spent about half an hour with her discussing the City Code and the possible consequences of the Violation, if the Violation continued. She again claimed that she was unable to control the other residents. I let her know that this would be the last warning; and if I was forced to issue a Citation, they would be taie issued to the homeowner, as required by the City Code. On February 28th, 2014 I again observed vehicles parked on the front lawn. I issued a City Citation and mailed it by Certified Mail to the homeowner, Hector R. Rivera, whose address listed with the Tax Collector is 120 North Edgemon(Avenue). This mail was received and signed for on March 1st, 2014. On March 5th, 2014, I once again observed vehicles parked on the front lawn and a second Citation was mailed to Mr. Rivera via Certified Mail, and signed for on March 7th, 2014. On March 8th, Code Officer Christi Flannigan reported that Ms. Rivera came to the Police Station to pay the Citations. Code Officer Flannigan reported that Ms. Rivera was again given a copy of the brochure on creating a Designated Parking Area and that the homeowner was living in Puerto Rico. Between March 11th and April 1St, (2014), I observed two (2) more Violations. I filed Notice of Code Board Hearing, mailed to the homeowner on April 10th, (2014), and it was signed for on April 12th, (2014)." Further comments. Photographs were then shown from Evidence "WS-1". Concluding the presentation, Inspector West stated, "I request the property owner be found in Violation and Order that they correct the Violation immediately. Further, I recommend a Fine of two hundred dollars ($200.00) per occurrence be imposed for each Violation occurring after the Board's Order, if the property is found in Non-Compliance." Discussion. Ms. Lucy Rivera, 120 North Edgemon Avenue, Winter Springs, Florida: said she is living at the residence with her husband; her brother; the owner of the property is currently in Puerto Rico taking care of family; that it is relatives parking on the lawn and provided photographs of the property into Evidence as "R-1", "R-2", "R-3", and "R-4". Next, Ms. Rivera stated that one (1) vehicle belongs to the nurse that provides her with care, as Ms. Rivera has health issues. She added that, "I am asking for a Permit so I can make a parking (spot) on the side or in the back (yard)." Further, Ms. Rivera said, "This is my brother's house. I am doing everything— I paint, I fix, I put flowers —nobody can park in the front. I tried to be my best. I said to my kids `Don't park in the front'. They are not doing it anymore." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 22,2014 �T� PAGE 11 OF 16 f. Board Member Criswell said to Mr. West, "There no parking on Edgemon (Avenue)." Mr. West replied, "Yes. Edgemon (Avenue) is one of the streets that were exempted from parking on the street. I would also note that most often, the driveway is open or has room for cars when they are parking over there." Further comments continued. Ms. Rivera reiterated that she recently applied for a Designated Parking Area permit. Captain Deisler further said, "I don't want you all to feel that this is an issue with a caregiver who is being cited for parking on the grass. It is my observation that there are people that come and go from the property every day, to go to work during the day as landscapers. What we get is a bunch of cars that come at various times of the day and park haphazardly all over the front yard and load trailers. We are dealing with multiple vehicles, driven by multiple people who just are indifferent to what the Code requires. That is what we are dealing with. Further discussion. "I MOVE TO FIND THE RESPONDENT, MR. HECTOR R. RIVERA, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT, MR. RIVERA, BE GIVEN — TEN (10) DAYS TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT, MR. RIVERA, FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED DOLLARS ($200.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE-CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. BOARD MEMBER CRISWELL ADDED, "I THINK IT NEEDS TO BE CHANGED FROM `DAY' TO `OCCURRENCE'." IN ADDRESSING THIS MOTION, VICE-CHAIRPERSON ROERO SAID, "YOU ARE RIGHT". WITH FURTHER COMMENTS, VICE-CHAIRPERSON ROERO ADDED, "REQUEST TO AMEND." NO OBJECTIONS WERE NOTED. VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: 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-APRIL 22,2014 PAGE 12 OF 16 PUBLIC HEARINGS-NEW CASES 502.1 Code Enforcement Division—Police Department CASE# 14-0030118 Krystal Christopher 867 Leopard Trail Winter Springs, Florida 32708 Sec. 13-2. Stagnant Pool Date Of Service: April 8, 2014 Inspector: Christi Flannigan This Case was introduced by Inspector Flannigan who submitted into Evidence, "`WS-1, the CD (Compact Disc); `WS-2', the Return Receipt for the Notice of Code Violation; `WS-3', the Affidavit of Posting for Code Board; and `WS-4', the United States Postal Service printout for the Notice of Code Board." Inspector Flannigan continued, "I met with the neighbor and observed the pool as stagnant. I met with two (2) other neighbors that are on Leopard (Trail) who advised that the pump is not working on the pool. Notice of Violation was mailed on March 12th, 2014 and signed for on March 15th, 2014. There has been no contact with the owner. Notice of Hearing was mailed on April 8th, 2014 and according to the United States Postal Service website, the Notice was left on April 10th, (2014). Notice of Hearing was Posted at the property and at City Hall on April 18th, 2014. Nader Farahmandfar with the Seminole County Health Department has also observed the pool and sent the owner a letter. He had spoken with the owner and Nader advised that the owner had put some Shock in it and that killed the mosquito larvae. So, his Case was closed." Photographs from Evidence "WS-1"were shown. Further comments followed. Vice-Chairperson Roero inquired if there was anyone living at the residence. Inspector Flannigan noted that there was indeed someone living in the house. Chairperson Fisher added that he was concerned as there had been no contact or concern from the owner of the property. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT, KRYSTAL CHRISTOPHER, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT, KRYSTAL CHRISTOPHER, BE GIVEN THIRTY (30) DAYS TO CORRECT THE VIOLATION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 22,2014 PAGE 13 OF 16 IN THE EVENT THE RESPONDENT, KRYSTAL CHROSTOPHER, FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE- CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. VOTE: VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.2 Code Enforcement Division—Police Department CASE # 14-0030093 Federal National Mortgage Association 1116 Cheetah Trail Winter Springs, Florida 32708 IPMC 303.2 Enclosures. Date Of Service: April 8, 2014 Inspector: Christi Flannigan For this Case, Inspector Flannigan provided the presentation and submitted into Evidence "`WS-1, which is the CD (Compact Disc) of the presentations tonight; `WS-2' is the Return Receipt for the Notice of Code Violation; `WS-3' is the United States Postal Service printout for the Code Board Notice; `WS-4' is the Affidavit of Posting for City Hall and the address; and `WS-5' is the Return Receipt for the Notice of Code Board." Continuing, Inspector Flannigan stated, "I met with a neighbor and observed from his property—there is a three foot (3')high concrete wall around the pool. In the backyard of this property there is no gate. The Notice of Violation was mailed on March 4th, 2014. It was signed for on March 10th, 2014 by David Smith, the representative of Federal (National Mortgage Association). There has been no contact from the owner. Notice of Hearing was mailed on April 8th, 2014. The business was closed and Notice was left. The Notice of Hearing was also posted at the property and City Hall on April 8th, 2014. The Notice of Hearing was signed for by Paul Smith on April 141', 2014. The owner did put a fence on the right side of the house. It is on the driveway side. But, that is the only place that a fence has been put up." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 22,2014 PAGE 14 OF 16 rZr With further remarks, Evidence "WS-1" was shown. Inspector Flannigan recommended, "The owner be given until May 161i, 2014 to correct the Violation. If the owner is found in Non-Compliance, a Fine of two hundred dollars ($200.00) a day be imposed retroactive to April 22i1, 2014." Vice-Chairperson Roero spoke about the concrete wall surrounding the pool and asked if an inspection was required at the time of its construction. Inspector Flannigan replied, "Yes. I checked when the house was built, for when the Ordinance came in. The house was actually built in 1978, which is three (3) years after the Enclosure Ordinance came into effect." Comments continued that the home was vacant, that the pool had a cover over it but was still stagnant, and what type of material was covering the pool. In regards to the Staff recommendation, Senior Attorney Kopp noted, "The Statute requires that if the owner is found in Non-Compliance, the Fine can only go back to the time they were given to comply. So, it can't go retroactive all the way back to April 22nd" Further discussion ensued on the pool being a public safety hazard. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT, FEDERAL NATIONAL MORTGAGE ASSOCIATION, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT, FEDERAL NATIONAL MORTGAGE ASSOCIATION, BE GIVEN UNTIL MAY 16TH, (2014) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT, FEDERAL NATIONAL MORTGAGE ASSOCIATION, FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO [HUNDRED AND] FIFTY [DOLLARS] ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED. FURTHER, THE VIOLATION CONSTITUTES A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE. IN THE EVENT FEDERAL NATIONAL MORTGAGE ASSOCIATION DOES NOT CORRECT THE VIOLATION BY THAT DATE, THE CODE INSPECTOR SHALL BE NOTIFIED, AND APPROPRIATE ACTION SHALL BE TAKEN BY THE CITY, CONSISTENT WITH CHAPTER 162 FLORIDA STATUTES, TO BRING THE PROPERTY INTO COMPLIANCE." MOTION BY VICE-CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 22,2014 carom PAGE 15 OF 16 VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE seella BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE MOTION CARRIED. Tape 2/Side A Senior Attorney Kopp noted that for future Motions, the name of the individual is not mandatory and does not need to be included in the Motion and that the use of "Respondent"would suffice. PUBLIC INPUT Chairperson Fisher opened "Public Input". No one spoke. Chairperson Fisher closed "Public Input". Lastly, Inspector West mentioned that this would probably be his last meeting as he would be retiring very soon; thanked the Code Enforcement Board Members; thanked the Assistant to the City Clerk for his assistance; and said that it had been a pleasure having worked for the City of Winter Springs. The Code Enforcement Board Members thanked Inspector West for his efforts and service, and congratulated him on his retirement. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—APRIL 22,2014 PAGE 16 OF 16 ADJOURNMENT Chairperson Fisher adjourned the Regular Meeting at 7:10 p.m. aieti RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the ,2014 Code Enforcement Board Regular Meeting.