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HomeMy WebLinkAbout2014 06 24 Consent 300 Unapproved Minutes from the May 27, 2014 Regular Meeting CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD _z'� REGULAR MEETING MAY 27, 2014 CALL TO ORDER The Regular Meeting of Tuesday, May 27, 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, absent [Excused] Board Member Laurie Bates Calhoun,present Board Member Matthew Criswell,present Board Member Carole Giltz, absent [Excused] Board Member Maurice Kaprow, present Board Member Jim Wentz, present Senior Attorney Kimberly R. Kopp,present Assistant to the City Clerk Sean Beaudet,present Chairperson Fisher noted that Board Member Gregg Roero and Board Member Carole Giltz would not be in attendance for the meeting and that their absences would be "Excused". A moment of silence was followed by the Pledge of Allegiance. In regards to Agenda Changes, Assistant to the City Clerk Sean Beaudet said that PUBLIC HEARINGS — NEW CASES "502.2", "502.3", and "502.5" would not be addressed at this meeting. No objections were noted. 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-MAY 27,2014 PAGE 2 OF 11 INFORMATIONAL AGENDA r.w.. 1 INFORMATIONAL 200. Not Used .4 wizel 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 The Office of the City Clerk Requests The Code Enforcement Board Review And Approve The April 22,2014 Code Enforcement Board Regular Meeting Minutes. Chairperson Fisher mentioned a couple scrivener's errors under PUBLIC HEARINGS — NEW CASE "502.3" on page 10 and stated, "Ms. Rivera in her testimony — there is a very long, compound sentence there and there is a semicolon after `...her brother;...', which I think should be a colon. It implies her brother is in residence, when in fact I believe he is in Puerto Rico. That was part of her testimony." Chairperson Fisher suggested that compound sentences be used less. In addition, Chairperson Fisher noted that in the Motion on page 13 for PUBLIC HEARINGS — NEW CASE "502.1", the Respondent's name should be spelled "Christopher", not"Chrostopher". No other corrections were mentioned by the Code Enforcement Board Members. Chairperson Fisher followed, "If we could have a Motion to approve the Minutes as corrected." "SO MOVED." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MAY 27,2014 PAGE 3 OF 11 VOTE: CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER WENTZ: NAY MOTION CARRIED. REPORTS REPORTS 400. Office Of The City Attorney No Report. REPORTS 401. Code Enforcement Division—Police Department Corporal Jim Flannigan, Code Enforcement Division, Police Department mentioned that the shopping plaza, Venetian Square, was in foreclosure and that this property had come before the Code Enforcement Board a few months ago. However, Corporal Flannigan noted that the bank was corresponding with Staff to rectify the issues on the property. Discussion. REPORTS 402. Office Of The City Clerk No Report was given. REPORTS 403. Code Enforcement Chairperson Chairperson Fisher informed the Code Enforcement Board that he would be participating in a Candidate Review Board with City Staff in selecting a new Code Enforcement Officer for the City. REPORTS 404. Code Enforcement Vice-Chairperson No Report. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MAY 27,2014 PAGE 4 OF 11 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 PUBLIC HEARINGS AGENDA— NEW CASES PUBLIC HEARINGS-NEW CASES 502.1 Code Enforcement Division—Police Department CASE # 14-0030259 Nilda Colon And HSBC 870 Benchwood Drive Winter Springs, Florida 32708 Sec. 13-2. Stagnant Water; Junk And Debris IPMC 303.2 Enclosures. IPMC 302.7 Accessory Structures. Date Of Service: May 8, 2014 Inspector: Christi Flannigan Inspector Christi Flannigan, Code Enforcement Division, Police Department presented the Case. Inspector Flannigan submitted into Evidence, "`WS-l', the CD (Compact Disc) of all the presentations for tonight. `WS-2' is the Notice of Code Violation from the United States Postal Service,proof of mailing. `WS-3' is the Affidavit of Posting. `WS-4' is the Return Receipt for the Code (Enforcement) Board Hearing for the property owner, Nilda Colon. `WS-5' is the Code Board Return Receipt for HSBC Bank." Continuing, Inspector Flannigan testified, "I received a complaint from the neighbor who allowed access to their property to observe the rear yard of this address. I observed a stagnant pool, junk, and debris in the rear yard, an accessory building that has broken doors, and junk that has been removed and thrown into the yard. I also observed that the fence had broken slats and fallen panels, which is the only pool enclosure for the pool. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MAY 27,2014 PAGE 5 OF 11 irsarl Notice of Violation was mailed on April 4, 2014 to Nilda Colon and HSBC (Bank). The S=" Notice for Nilda was signed for by Jose Cruz on April 11, 2014. United State Postal Service website shows HSBC (Bank)Notice was delivered April 11, 2014. I did speak with Nilda who advised that she contracted the property to someone who she gave legal rights to the property and they are to pay the mortgage and maintain the property. She could not provide me any proof of this. The company name was not provided and she advised that she is showing as the owner of record and is accountable for the property. She advised she would get the enclosure repaired. There has been no other contact from her. There have been slats replaced on the fence. The old slats are piled in the yard. There has been a piece of plastic placed over the stagnant pool, which is now full of stagnant water itself. The (Seminole County) Health Department was notified of the stagnant pool. Their inspection on April 15, 2014 advised that the pool was covered with a green tarp, and that closed their Case. Notice of Hearing was mailed on May 9, 2014 to Nilda Colon and HSBC Bank. United States Postal website is showing that both Notices were delivered on May 15, 2014. Notice of Hearing was Posted at the property and at City Hall on May 9, 2014." Photographs were shown from previously submitted Evidence "WS-1", with further comments. Concluding her presentation, Inspector Flannigan recommended that the Respondent be given until June 20th, 2014 to correct the Violations. If found in Non-Compliance, a Fine of two hundred and fifty dollars a day($250.00)be imposed. Board Member Matthew Criswell asked, "How did you get a hold of Ms. Nilda(Colon)?" Inspector Flannigan replied, "She called me after the Notice of Code Violation was sent." Chairperson Fisher inquired if anyone was living in the home or if the fence around the pool was secure. Inspector Flannigan confirmed that the home was vacant and the fence around the pool was not secure. Further, Chairperson Fisher inquired if the tarp covering the pool was in place before the Seminole County Health Department inspected the property. Inspector Flannigan noted it was and the tarp, "...is placed on the pool and anchored into the concrete. There is no wood frame." Chairperson Fisher asked, "So it would be possible for someone to fall into the pool?" Inspector Flannigan replied, "Yes. Also, the tarp is holding water and it is stagnant water on top of the tarp now." Next, Board Member Jim Wentz inquired, "So you are saying it is not secure because some of the fence sections are not properly installed?" Inspector Flannigan replied, "Yes. The fence is not secure. The gate is not locked anymore. Somebody broke the lock that was placed on it. So, on the other side of the house the gate is open. Also, the slats are falling." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MAY 27,2014 PAGE 6 OF 11 �� Board Member Maurice Kaprow asked, "Is this a threat to the public safety?" Inspector Flannigan said that it was a public safety issue. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL JUNE 20TH, (2014) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT 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 VIOLATIONS CONSTITUTE A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE, AND IN THE EVENT THE RESPONDENT DOES NOT CORRECT THE VIOLATION BY THE DATE SET IN THIS ORDER, 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 BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.2 Code Enforcement Division—Police Department CASE # 13-0029723 Consultores E Inversores Estrategicos 410 South Edgemon Avenue Winter Springs, Florida 32708 Sec. 20-438. Parking Vehicles In Residential Front Yards And On Sidewalks Prohibited. Date Of Service: May 8,2014 Inspector: Jim Flannigan This Case was not heard, as previously noted. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—MAY 27,2014 PAGE 7 OF 11 d PUBLIC HEARINGS—NEW CASES 502.3 Code Enforcement Division—Police Department CASE # 14-0030002 Donna Aviles And Fernando Rodriguez °' 216 North Alderwood Street Winter Springs, Florida 32708 Sec. 13-2.Junk And Debris Date Of Service: May 8, 2014 Inspector: Jim Flannigan This Case was also not heard, also as previously mentioned. PUBLIC HEARINGS—NEW CASES 502.4 Code Enforcement Division—Police Department CASE # 14-0030078 Hector R. Rivera 120 North Edgemon Avenue Winter Springs, Florida 32708 Sec. 20-434.Authorized Commercial Vehicles In Residential Areas. Date Of Service: May 8, 2014 Inspector: Jim Flannigan Corporal Flannigan presented the Case. Corporal Flannigan submitted into Evidence, "`WS-1' is the CD (Compact Disc) of tonight's presentations. `WS-2' is the Notice of Code Violation, which was Certified Mailed delivered on April 22nd, (2014). `WS-3' is the Code Board notification that was returned Unclaimed. `WS-4' is the Affidavit of Posting at City Hall and the property on May 8th, (2014) of the Violation for the Code Board." Continuing, Corporal Flannigan testified, "On January 17th, (2014) I made contact with a subject at this location due to a complaint of a business being run out of the residence. I made contact with a subject who stated he lived at the house. He advised that the owner, who is his uncle, did have a landscaping business and his equipment is being stored at the house and being run out of the house. I left a business card to have the owner call me to explain the City Code Violation. I was informed that these are new residents that live at that property. On February 271h, 2014, I Certified Mailed Notice of Code Violation for running a business from the house without Permit. It was delivered on April 8th, 2014. I received notice on the 18th of April 2014 that there was a current business tax receipt for `Polito's Tile Installation' for this location. CITY OF WINTER SPRINGS,FLORIDA ,�.r.�r1� MINUTES = CODE ENFORCEMENT BOARD REGULAR MEETING—MAY 27,2014 PAGE 8 OF 11 A Notice Of Code Violation For `Authorized Commercial Vehicles In Residential Areas' Was Certified Mailed On April 18th, 2014 And Delivered On April 22nd, 2014. On May 18th, 2014 A Notice Of Code Board Was Certified Mailed And Posted On The Property." vseeza Photographs were shown from previously submitted Evidence "WS-1". Further comments followed. Concluding his presentation, Corporal Flannigan recommended that the Respondent be given until June 20th, 2014 to correct the Violations. If found in Non-Compliance, a Fine of One Hundred Dollars a day($100.00)be imposed. Board Member Criswell sought further clarification on the issue. Corporal Flannigan noted that the business is legally operating with a Business Tax Receipt. However, the storage of the trailers at the property is in conflict with the City Code. Note: The Respondent Was Not Present. "I MOVE TO FIND THE RESPONDENT, HECTOR RIVERA, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL JUNE 20TH, (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." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—MAY 27,2014 PAGE 9 OF 11 PUBLIC HEARINGS—NEW CASES 502.5 Code Enforcement Division—Police Department CASE# 14-0030210 metti Eric S. Dichtas 319 Riunite Circle Winter Springs, Florida 32708 Sec. 20-411. Trailers In Residential Areas. Date Of Service: May 8, 2014 Inspector: Jim Flannigan This Case was not heard, as previously noted. PUBLIC HEARINGS—NEW CASES 502.6 Code Enforcement Division—Police Department CASE # 14-0030314 Aaron D.And Joann H. Peacher 200 Murphy Road Winter Springs, Florida 32708 Sec. 20-438. Parking Vehicles In Residential Front Yards And On Sidewalks Prohibited. Date Of Service: May 8, 2014 Inspector: Jim Flannigan Corporal Flannigan presented the Case. Submitted into Evidence was, "`WS-1', which is the CD (Compact Disc) of tonight's presentations. `WS-2' is a Notice of Code Violation Returned Mail receipt. The United States Post Office states that it was not claimed and it was returned to the City. `WS-3', which is the Code Board Notice was returned to the City. `WS-4' is the Notice of Code Violation Posting Affidavit, that was done on April 23rd, (2014). `WS-5' is the Code Board Posting Affidavit for May 8th, (2014) of Posting at City Hall and the property for the Violation." Continuing, Corporal Flannigan testified, "On April 20th, 2014 I observed a vehicle parked in the front yard, in Violation of City Code. There have been nine (9) previous reports of vehicles parked on the front yard and obstructing the sidewalk in the past three (3) years at this location. I Certified Mailed the Notice of Code Violation on April 20th, 2014, which was returned unclaimed. The property was Posted on April 23rd, 2014 with a Notice of Code Violation. On May 8th, 2014 I Certified Mailed a Notice for a Hearing due to the previous Violations. I also Posted on the property on May 8th, (2014) the Code Board Notice as well." CITY OF WINTER SPRINGS,FLORIDA d,+rsw 1 MINUTES b��� CODE ENFORCEMENT BOARD REGULAR MEETING-MAY 27,2014 PAGE 10 OF 11 Photographs were shown from previously submitted Evidence "WS-1", with further remarks. Continuing, Corporal Flannigan testified, "Previously, we had written warnings for this house. They would correct the issue. Then a couple months later they would—park in the front yard again. So, this time instead of just giving them a warning, I am bringing it to Code (Enforcement) Board to try to get it corrected. I am recommending a Fine of a hundred dollars ($100.00) per day starting on June 3rd, 2014, if the Violation is not corrected." Board Member Wentz inquired if the Respondents could park on the street. Corporal Flannigan noted that Murphy Road is exempt and residents are not allowed to park on this street. Discussion. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENTS IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENTS BE GIVEN UNTIL JUNE 3RD, (2014) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENTS FAIL TO COMPLY AT 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 CRISWELL. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. Discussion ensued on Code Enforcement Staff providing door hangers and informational brochures to residents on the regulations of parking and the creation of designated parking areas at residences. CITY OF WINTER SPRINGS,FLORIDA MINUTES '■�i CODE ENFORCEMENT BOARD REGULAR MEETING—MAY 27,2014 PAGE 11 OF 11 PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES PUBLIC HEARINGS AGENDA—NON-COMPLIANCE CASES 503.1 Not Used iit 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 5:59 p.m. RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the ,2014 Code Enforcement Board Regular Meeting.