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HomeMy WebLinkAbout2014 09 23 Consent 200 Unapproved Minutes from the July 22, 2014 Regular Meeting CITY OF WINTER SPRINGS, FLORIDA • � MINUTES d CODE ENFORCEMENT BOARD REGULAR MEETING JULY 22, 2014 x•41 CALL TO ORDER •----� The Regular Meeting of Tuesday, July 22, 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, absent [Excused] Board Member Maurice Kaprow, present Board Member Jim Wentz, absent [Excused] Assistant City Attorney Kim Kopp, present Assistant to the City Clerk Sean Beaudet, present Chairperson Fisher noted that Board Member Carole Giltz and Board Member Jim Wentz 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. No Agenda Changes were mentioned. 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 INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES C=1 CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 22,2014 P-_.._ PAGE 2 OF 11 +��/ ❖❖ AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED NEXT. ❖❖ CONSENT AGENDA CONSENT 300. Office Of The City Clerk The Office of the City Clerk Requests The Code Enforcement Board Review And Approve The June 24, 2014 Code Enforcement Board Regular Meeting Minutes. Chairperson Fisher said, "The Clerk has asked that we Approve the Minutes for June 24th, 2014. Do I have a Motion?" "I MOTION." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY VICE-CHAIRPERSON ROERO. DISCUSSION. VOTE: CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. • AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. ❖❖ REPORTS REPORTS 402. Office Of The City Clerk Assistant to the City Clerk Beaudet introduced Ms. Antonia Della Donna to the Code Enforcement Board as a new Assistant to the City Clerk. REPORTS 401. Code Enforcement Division—Police Department Captain Chris Deisler, Code Enforcement Division, Police Department advised the Code Enforcement Board that the On-Street Parking Ordinance information is available on the City's website. CITY OF WINTER SPRINGS,FLORIDA MINUTES , .�+�y CODE ENFORCEMENT BOARD i�+1 REGULAR MEETING-JULY 22,2014 rilWr PAGE 3 OF 11 fmg REPORTS C=0 403. Code Enforcement Chairperson Chairperson Fisher mentioned that the August Code Enforcement Board Meeting was on wiez the same day as the Primary Election and that he would not be available for the meeting. Captain Deisler added that Code Enforcement Staff did not have any urgent cases that needed to be heard immediately. In turn, Chairperson Fisher asked the other Code Enforcement Board Members if they felt the need to hold the August Meeting. No Members voiced disapproval to which Chairperson Fisher said, "Then I would say at this point, let us plan not to meet in August. If there is a matter that is pressing and we do need to meet, obviously we will do that." No objections were noted. REPORTS 400. Office Of The City Attorney No Report. REPORTS 404. Code Enforcement Vice-Chairperson No Report was given. REPORTS 405. Code Enforcement Board Members No Reports. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 22,2014 _1. PAGE 4 OF 11 �f�li! •• AGENDA NOTE: THE FOLLOWING "PUBLIC INPUT" WAS DISCUSSED NEXT, AS DOCUMENTED. •• PUBLIC INPUT Chairperson Fisher opened "Public Input". No one addressed the Code Enforcement Board. Chairperson Fisher closed "Public Input". 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 # 2014CE001122 Thomas And Cara Baublitz 705 Briarwood Drive Winter Springs, Florida 32708 Sec. 13-2. Overgrown Grass. Sec. 6-195. Maintenance Of Fences Or Walls. Date Of Service: July 7, 2014 Inspector: Christi Flannigan Inspector Christi Flannigan, Code Enforcement Division, Police Department presented the Case and testified, "On May 7th, 2014, I observed a fence on the left side of the house, as seen from Wildwood Drive, was broken. The grass is consistently overgrown and it was part of the original Violation. The owners have routinely corrected, only after the property is Posted with the Notice of Intent to remedy it." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 22,2014 PAGE 5 OF 11 r Illi Inspector Flannigan submitted into Evidence, "`WS-1', the CD (Compact Disc) for the presentations tonight; `WS-2' is the Affidavit of Posting for the Notice of Code Violation; `WS-3' is the United States Postal Service printout for the Notice of Code Violation; `WS-4' is the Affidavit of Posting for the Code Board. `WS-5' is the United States Postal Service printout for Code Board." Continuing, Inspector Flannigan noted, "The Notice of Violation was mailed to the owner on May 20th, 2014. On May 21st, 2014 the Postal Service attempted delivery. There was no authorized recipient available. The Notice was Posted on the property June 10th (2014). The only contact with the owner was to advise that she had corrected the fence. The Notice of Code Board was mailed on July 7th, 2014. The United States Postal Service website shows that on July 11th, 2014 they attempted delivery and there was no available recipient. The Notice was Posted at the property and City Hall on July 8th (2014). July 21st, 2014 I received a message that the problems had been corrected. On Inspection, the issues were corrected." Photographs were shown from "WS-1", with further comments. Inspector Flannigan concluded by stating, "We've consistently cited them Violations for the fence and the grass being overgrown. In regards to this Case, I am recommending - since the fence has been corrected, but it's an ongoing issue — that a Finding of Fact be issued." Board Member Matthew Criswell asked if the gate or slats were missing from the fence. Inspector Flannigan replied that both were missing,but had been corrected. Discussion. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT, THOMAS AND CARA BAUBLITZ, VIOLATED THE CITY CODE AND FAILED TO CORRECT THE VIOLATION BY THE TIME SPECIFIED FOR CORRECTION BY THE CODE INSPECTOR; THAT THE VIOLATION IS CURRENTLY CORRECTED; AND THAT NO FINE BE IMPOSED. ANY SUBSEQUENT VIOLATION OF THE SAME CITY CODE PROVISION BY RESPONDENT WITHIN FIVE (5) YEARS FROM THE DATE OF THIS ORDER SHALL BE CONSIDERED A REPEAT VIOLATION, FOR WHICH A FINE UP TO FIVE HUNDRED DOLLARS ($500.00) PER DAY, MAY BE IMPOSED." MOTION BY VICE-CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER CRISWELL. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD 15=1T� REGULAR MEETING—JULY 22,2014 ion PAGE 6 OF 11 VICE-CHAIRPERSON ROERO INQUIRED, "THE FINE UP TO FIVE HUNDRED [DOLLARS] ($500.00) PER DAY — SHOULD WE MAKE IT, THE alICZ FINE, RIGHT NOW? WHAT IT WOULD BE THE FIRST TIME? OR WOULD THEY COME BEFORE THE (CODE ENFORCEMENT) BOARD TO DECIDE getztt WHAT THE FINE WILL BE?" CHAIRPERSON FISHER SAID, "IF IT IS A REPEAT VIOLATION, IT WILL BE BROUGHT BACK TO THE BOARD." ASSISTANT CITY ATTORNEY KOPP ADDED, "YOU COULD DETERMINE THE FINE AT THAT TIME, IF IT COMES BACK." DISCUSSION. VOTE: VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS—NEW CASES 502.2 Code Enforcement Division—Police Department CASE # 2014CE001119 RBD Acquisitions Inc. 985 Turkey Hollow Circle Winter Springs, Florida 32708 Sec. 13-2.Junk And Debris. Sec. 6-195. Maintenance Of Fences Or Walls. Date Of Service: July 7, 2014 Inspector: Christi Flannigan Inspector Flannigan presented the Case and submitted into Evidence, "`WS-1', is the CD (Compact Disc) of the presentations; `WS-2' is the United States Postal Service printout for the Notice of Code Violation; `WS-3' is the Notice of Code Violation envelope that was returned Unclaimed; `WS-4' is the Affidavit of Posting for the Notice of Code Violation; `WS-5' is the Affidavit of Posting for Code Board; `WS-6' is the United States Postal Service printout for the Code Board Notice" Next, Inspector Flannigan remarked, "On May 9th, 2014 I observed that the fence on the left of the house was broken and there is a large pile of debris in the backyard. Notice of Violation was mailed on May 20th, 2014. It was returned Unclaimed. The Notice was Posted at the property on June 10th (2014). There has been contact from the owner of the property. A man named Rick advised that he was the Realtor for the property and he called and left me a message that the Violations were corrected. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD ,rr"r► REGULAR MEETING-JULY 22,2014 PAGE 7 OF 11 riZEN A Notice of Hearing was mailed on July 7th, 2014. The United States Postal Service website shows that it was available for pickup on July 11th, 2014. The Notice was posted at the property and City Hall July 8th, 2014. On July 18th, 2014." Inspector Flannigan added that she left a message that the Violations were corrected. With further comments on an Inspection, the Violations were found to be corrected. Next, Inspector Flannigan mentioned, "There is an ongoing issue with the fence and the junk and debris at the property." Photographs were shown from "WS-1", with further comments. Lastly, Inspector Flannigan stated, "In regards to the Case, since it has been an ongoing issue with the property, I am recommending a Finding of Fact be issued for this property." Discussion. Note: The Respondent was not present. "I MOVE TO FIND THAT THE RESPONDENTS VIOLATED THE CITY CODE AND FAILED TO CORRECT THE VIOLATION BY THE TIME SPECIFIED FOR CORRECTION BY THE CODE INSPECTOR; THAT THE VIOLATION IS CURRENTLY CORRECTED; AND THAT NO FINE BE IMPOSED. ANY SUBSEQUENT VIOLATION OF THE SAME CITY CODE PROVISIONS BY THE RESPONDENTS WITHIN FIVE (5) YEARS FROM THE DATE OF THIS ORDER SHALL BE CONSIDERED A REPEAT VIOLATION, FOR WHICH A FINE UP TO FIVE HUNDRED DOLLARS ($500.00) PER DAY MAY BE IMPOSED." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY VICE-CHAIRPERSON ROERO. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 22,2014 PAGE 8 OF 11 PUBLIC HEARINGS AGENDA- NON-COMPLIANCE CASES PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES 503.1 Code Enforcement Division—Police Department CASE # 14-0030259 neetcrl Nilda Colon 870 Benchwood Drive Winter Springs, Florida 32708 Sec. 13-2.Junk And Debris. IPMC 302.7 Accessory Structures. IPMC 303.2 Enclosures. Date Of Original Hearing: May 27, 2014 Date Of Service: July 8, 2014 Inspector: Christi Flannigan Inspector Flannigan presented the Case and submitted into Evidence, "`WS-1', the CD (Compact Disc) of the presentations; `WS-2' is the United States Postal Service printout for the Code Board Order; `WS-3' is the Affidavit of Posting for the Code Board; `WS-4' is the United States Postal Service printout for the Code Board Hearing" Next, Inspector Flannigan testified, "On June 9th, 2014 we received a complaint about the fence falling. The gate was not locked and was broken. The side of the fence had also fallen. Winter Springs Public Works Department re-secured the fence and locked it. As of July 15th, 2014 there have been no other improvements to the property and as of today, there are no other improvements either. There has also been no contact with the owner. The Notice of the Hearing mailings was completed on July 7th, 2014 and were Posted at the property and at City Hall on the same date." Photographs were shown from "WS-1", with further comments. Concluding the presentation, Inspector Flannigan said, "In regards to this Case, I am recommending the Order of the (Code Enforcement) Board be entered in as a Lien." It was also noted that the penalties set forth in the Code Enforcement Board's Order was in the amount of two hundred and fifty dollars ($250.00) per day if the Violations were not corrected and that the Violations constitute a public safety hazard. Note: The Respondent was not present. "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 CALHOUN. SECONDED BY VICE-CHARIPERSON ROERO. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 22,2014 PAGE 9 OF 11 VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYEv, BOARD MEMBER CALHOUN: AYE MOTION CARRIED. Before the following Public Hearing, Captain Deisler mentioned that the City of Winter Springs in the near future will be switching to a new computer software program, so the numbering of Cases may appear different in the near future. The following Public Hearing Case has a Case number from the old and new system, thus, the two (2) different Case numbers are shown. Captain Deisler added that the Respondent was properly Noticed and both the below Case numbers are associated with the property. PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES 503.2 Code Enforcement Division—Police Department CASE # 13-0029107 (2013CE000978) Angelo Sanchez And Raquel Tavares 221 North 3rd Street Winter Springs, Florida 32708 Sec. 6-195. Maintenance Of Fences Or Walls. IPMC 304.5 Foundation Walls. IPMC 304.6 Exterior Walls. IPMC 304.13 Window, Skylight And Door Frames IPMC 304.15 Doors. Date Of Original Hearing: August 27, 2013 Date Of Service: June 27, 2014 Inspector: Chris Deisler Captain Deisler began his presentation and stated, "This Case was originally brought forward in front of this Board on August 27th of last year by Officer West. I am the follow up Inspector in this matter. This Case is one that did not get a Non-Compliance Hearing off the bat. It came to my attention that it had fallen by the wayside. When I went back and researched it, I discovered that we needed to bring it back for Non- Compliance. This is why we are here almost a year later." Further comments. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 22,2014 PAGE 10 OF 11 Continuing, Captain Deisler testified, "I went back and met with the current tenant to see .-=.r if progress had been made to fix the house. The current tenant is not the original tenant that first brought this issue to our attention. However, the tenant did let me come in and look around. It was very apparent to me that the property was still in a state of disrepair and needed work." atem Photographs were shown from"WS-1", with further comments. Captain Deisler next remarked, "On June 13th, 2014 the owner, Mr. Sanchez, came to the Police Department about a quarter to ten to speak with me after I had Posted the Notice for this Hearing on his residence at 100 Lisa Loop." Continuing, Captain Deisler noted, "The Notice of Hearing was mailed Certified to the Owners of Record on June 26, 2014. It was attempted (delivery) at the owner's home, but refused twice - once on June 27th, 2014 and again on July 8th, 2014. However, the owner's primary residence was Posted by me on June 27th, (2014). The Notice of this Hearing is also Posted out front at City Hall on the bulletin board and I also mailed it first class. At this time, it is doubtful that any headway will be made to do anything positive to fix the property. So, right now the recommendation is entering the recorded Lien, pursuant to the Order as filed." Lastly, Captain Deisler submitted into Evidence and said, "`WS-1' is the (Compact) Disc with the presentations; `WS-2' represents the Affidavit of Posting; `WS-3' the Notice of Hearing; `WS-4' is the U.S.P.S. (United States Postal Service) tracking information from their website; and `WS-5' will reflect the Return Mail, where the item was refused." Chairperson Fisher inquired if the penalties set forth in the Code Enforcement Board's Order would be retroactive to the date given to correct the Violations back in September 2013. Assistant City Attorney Kopp concurred that the penalties would indeed be retroactive to September 2013. Note: The Respondent was not present. "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 VICE-CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER KAPROW. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—JULY 22,2014 PAGE 11 OF II VOTE: BOARD MEMBER KAPROW: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT Chairperson Fisher opened "Public Input". No one spoke. Chairperson Fisher closed "Public Input". In other City business, Board Member Kaprow inquired about the status of 1017 Walnut Creek Cove. Captain Deisler stated, "The last Permit was pulled in April and nothing has been done since." There was brief discussion that the property came back for a Non- Compliance Hearing, was found in Non-Compliance, and the property is currently accruing penalties. ADJOURNMENT Chairperson Fisher adjourned the Regular Meeting at 6:07 p.m. RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the ,2014 Code Enforcement Board Regular Meeting.