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HomeMy WebLinkAbout2014 10 28 Consent 200 Unapproved Minutes from the September 23, 2014 Regular Meeting r CITY OF WINTER SPRINGS, FLORIDA MINUTES C:=1 CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 23, 2014 CALL TO ORDER 2...7..- The Regular Meeting of Tuesday, September 23, 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, absent [Excused] Board Member Matthew Criswell, present Board Member Carole Giltz, present Board Member Maurice Kaprow, present Board Member Bill Poe,present Senior Attorney Kim Kopp, present Assistant to the City Clerk Sean Beaudet, present Assistant to the City Clerk Antonia Della Donna, present Chairperson Hugh Fisher noted that Board Member Laurie Bates Calhoun would not be in attendance for the meeting and that her absence would be "Excused". Also, Chairperson Fisher welcomed Mr. Bill Poe as the newest member of the Code Enforcement Board. A moment of silence was followed by the Pledge of Allegiance. No Agenda Changes were offered. Next, Chairperson Fisher mentioned the changes to the Code Enforcement Agendas going forward, as was advised by the City Attorney's Office and asked if any Members had any questions. No comments were noted. Assistant to the City Clerk Sean Beaudet swore in those who would be providing Testimony during tonight's Meeting. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—SEPTEMBER 23,2014 PAGE 2 OF 12 rmiTowa INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CONSENT AGENDA INFORMATIONAL 200. Office of the City Clerk The Office of the City Clerk Requests The Code Enforcement Board Review And Approve The July 22, 2014 Code Enforcement Board Regular Meeting Minutes. "I WILL MAKE A MOTION TO APPROVE THE MINUTES." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE MOTION CARRIED. Before the start of the Public Hearings, Captain Chris Deisler, Code Enforcement Division, Police Department noted that Inspector Christi Flannigan, Code Enforcement Division, Police Department would not be attending this evening's meeting; and that Corporal Jim Flannigan, Code Enforcement Division, Police Department would be presenting all of the Hearings for this meeting. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD ,,�0.��yy REGULAR MEETING-SEPTEMBER 23,2014 PAGE 3 OF 12 PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS-CONTINUED CASES 300. Code Enforcement Division—Police Department CASE # 2014CE000505 axetr Krystal Christopher 867 Leopard Trail Winter Springs, Florida 32708 Sec. 13-1. General Prohibition. Sec. 13-2. (c) Stagnant Pool. Sec. 13-2. (e) Owner's Duty. Sec. 13-4. Procedure For City Enforcement Of Non-Imminent Hazards. Date Of Original Hearing: April 22, 2014 Date Of Non-Compliance Hearing: June 24, 2014 Date Of Service: September 2, 2014 Inspector: Christi Flannigan This Case was introduced by Corporal Flannigan who submitted into Evidence, "‘WS-1', which is the CD (Compact Disc) of tonight's presentation for all of the Cases; `WS-2' is the Affidavit of Non-Compliance; `WS-3' is the Affidavit of Posting of Code (Enforcement) Board Notice at City Hall and at the property; `WS-4' is notification of the Certified Mail that was sent out, but still has not been picked up -but, proper notification was done with the Posting of the property and here at City Hall." Continuing, Corporal Flannigan explained that the property was found in Non- Compliance at the June Code Enforcement Board Meeting and added, "There has been no contact with the owner and no attempt to correct the Violation. The neighbors have been having the same issues as previously. There are an excessive amount of frogs and bugs in the area infesting neighboring properties from the pool." Corporal Flannigan read Section 13-4. of the Code of Ordinances and noted that it applied to this property as it considers, "Cases involving nuisance or hazardous conditions which require direct governmental action to abate a serious and continuing danger to the public or occupants, including attractive nuisance cases, and where the property owner or tenant fails to heed the notices and enforcement efforts made by the City." Corporal Flannigan further explained the Notice Requirements of Section 13-4. Photographs from"WS-1" were shown and further comments followed. Concluding the presentation, Corporal Flannigan stated, "We are recommending an Order to remedy the Violation by deeming the stagnant pool a non-imminent hazard and allowing the City to drain the pool and abate the nuisance hazard. This is a lived in property. This isn't a vacant property. Someone is living at the house and they are refusing to take any action to correct the pool." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 23,2014 PAGE 4 OF 12 cINTNI Board Member Carole Giltz asked for confirmation that the home was currently occupied; to which Corporal Flannigan replied that there was someone living in the 4==0 home. Board Member Matthew Criswell asked how Staff would go about draining the pool. mert Corporal Flannigan responded, "We would have City workers or someone contracted go in with a pump and drain the pool." Board Member Criswell inquired if the empty pool posed a public safety hazard. Corporal Flannigan responded, "Due to the fact that there is a fence around it, it wouldn't be a hazard." Chairperson Fisher commented on Staff's recommendation and Senior Attorney Kim Kopp explained, "This is a supplemental procedure to your Code Enforcement procedures. This is going to be nuisance abatement, via Chapter 13 of the Code (of Ordinances). The Code Enforcement Case is actually separate, but they can be supplemental to each other." Board Member Criswell asked if the property is currently accruing Fines from a previous Non-Compliance Case. Corporal Flannigan stated that it was currently accruing Fines. Vice-Chairperson Roero inquired if Staff would fill in the pool after draining it. Captain Deisler said, "What they chose to do with their empty pool, I am going to leave up to them." Board Member Maurice Kaprow agreed that it was a public nuisance to the neighbors. "I MAKE A MOTION THAT THIS NUISANCE OF THE STAGNANT POOL WILL BE ABATED, BY THE CITY OF WINTER SPRINGS." MOTION BY VICE-CHAIRPESON ROERO. SECONDED BY BOARD MEMBER KAPROW. DISCUSSION. Note: The Respondent was not present. VOTE: VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 23,2014 PAGE 5 OF 12 PUBLIC HEARINGS AGENDA- REPEAT CASES PUBLIC HEARINGS-REPEAT CASES 400. Not Used PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS-NEW CASES 500. Code Enforcement Division—Police Department CASE # 2014CE001891 Marcella Demoss 21 South Cortez Avenue Winter Springs, Florida 32708 Sec. 6-195. Maintenance Of Fences Or Walls. Sec. 13-2. (c) Overgrowth. Sec. 13-2. Trash And Debris Date Of Service: September 2, 2014 Inspector: Christi Flannigan Corporal Flannigan presented the Case and submitted into Evidence, "'WS-1', which is the CD (Compact Disc); `WS-2' is the Affidavit of Posting with the Returned Unclaimed Notice of the Notice of Code Violation; `WS-3' which is the Return Receipt of Code Board Hearing; `WS-4' is the Affidavit of Posting for the Code Board Notice." Continuing, Corporal Flannigan testified, "I received a complaint about the fence and the junk and debris in the yard. The fence is missing panels and there were slats that were broken. Notice of Violation was mailed on August 5th, 2014. The Notice was returned Unclaimed. The Notice was Posted at the property on August 15th, 2014. There has been no contact with the owner. Notice of Hearing was mailed on September 2nd, 2014. The Notice was signed for by Delores Neal on September 6th, 2014. (Notice of) Hearing was also Posted at the property and City Hall on September 2nd, 2014." Photographs were shown from"WS-1"with further comments. Concluding the presentation, Corporal Flannigan stated, "In regards to this Case, recommendation is owner be given until October 15th, 2014 to make the corrections. If this Case is found in Non-Compliance, a Fine in the amount of two hundred dollars ($200.00) a day be imposed." The location of the property was confirmed for Board Member Criswell that it was close to Winter Springs Elementary. In reference to a photograph shown, Board Member Kaprow asked if a car parked in the front yard was in a "Designated Parking Area", to which Corporal Flannigan confirmed that it was. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 23,2014 PAGE 6 OF 12 �T Ms. Delores Neal, 21 South Cortez Avenue, Winter Springs, Florida: stated, "The property actually belongs to my mom and I'm here for her today, because she is mostly house bound. When we got the Notice to clean the yard, we were taking care of a bunch __ of teenagers. We bring them in, let them do their laundry, take showers, help them find places to live, get jobs, go back to school." agett Ms. Neal further explained her mother's health conditions and that the teenagers were asked to clean up the yard; and added, "It is actually my fault for not going back there °' and checking to make sure they got it cleaned up when they did. We got it mostly cleaned up. Then that storm came through and ripped down five (5) trees out of our back yard. So, we had to pay to have that cleaned up. Now, we are really just doing to best that we can to get it taken care of." Board Member Criswell asked about the progress of the clean up and repairs. Ms. Neal said, "This week, I was actually doing it myself — I kicked most of the kids away, including my own son. But, they were not respecting us or the property." Further, Board Member Criswell inquired if the fence was going to be replaced. Ms. Neal confirmed that the wood fence had been replaced with a PVC fence, they were "Bringing in a truck load of dirt"to fill in the hole from an old swimming pool, and that she had "Got most of the garbage out of the yard already". Chairperson Fisher suggested that faith based organizations could possibly assist them. In addition, Chairperson Fisher noted, "Since we don't have any evidence at this point that the fence has been attempted to be repaired, I would be willing to, perhaps, continue this Case for a month in order to see if we could get the infractions taken care of." Corporal Flannigan replied, "My recommendation would be go forward with the meeting tonight. If the fence is corrected, you will not see it back. If the fence is not corrected, then we'll bring it back for Non-Compliance." Additionally, Chairperson Fisher asked Ms. Neal if she would be able to correct the Violations within a month. Ms. Neal responded, "I could definitely get it finished." Board Member Kaprow inquired about Staff's recommendation and if the Fine amount per day could be lowered. Senior Attorney Kopp and Chairperson Fisher remarked that it could, as it was simply a recommendation by Code Enforcement Division Staff. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL OCTOBER 15TH, 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 GILTZ. SECONDED BY VICE-CHAIRPERSON ROERO. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—SEPTEMBER 23,2014 PAGE 7 OF 12 g=lk VOTE: VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE ggefil - CHAIRPERSON FISHER: AYE �'" MOTION CARRIED. Board Member Criswell suggested seeking help from non-profit organizations to help. Board Member Poe recommended asking for help from the Boys Scouts, as they may take it on as a project. PUBLIC HEARINGS—NEW CASES 501. Code Enforcement Division—Police Department CASE # 2014CE001692 Lapetra N.Jones - Estate Of Debra Jones 408 Boxwood Circle Winter Springs, Florida 32708 Sec. 13-2. (c) Stagnant Pool. Date Of Service: September 5, 2014 Inspector: Jim Flannigan For this Case, Corporal Flannigan began the discussion and submitted into Evidence, "‘WS-1', which is the CD (Compact Disc) of tonight's presentations; `WS-2' is the Returned Receipt of Notice of Code Violation; `WS-3' is the Affidavit of Posting of Code Board Notice at the house and here at City Hall." Continuing, Corporal Flannigan testified, "On June 26th, 2014 I received a complaint in reference to a vacant house with overgrown grass and a stagnant pool. Notice of Violation was mailed on June 22nd, 2014 and Notice was signed for by Tim Jones. I received a phone message in July, stating the house belonged to her mother that had passed away and were in the process of getting into possession. Apparently, it was in probate at that time. They were trying to sell the house. I have had no contact since July from anyone representing the property. The grass is being cut. However, the corrective action has been taken to correct the pool. The pool is in the same condition as when I originally observed the Violation. Notice of Hearing was mailed on September 5th, 2014. The United States Postal Service website shows that the Notice was left,but there was no authorized recipient available. The Notice was Posted at the property and at City Hall on September 8th, 2014. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 23,2014 PAGE 8 OF 12 I did get a voicemail yesterday from a lady representing the house who advised that the bank is taking the property back over and they have no intention of doing anything with the property. She didn't identify herself." Photographs were shown from "WS-1" with brief comments. Lastly, Corporal Flannigan stated, "I am recommending the owner be given until October 7t, 2014 to the Fine of two hundred and fifty dollars ($250.00) per day, if the Case is found in Non-Compliance." Discussion ensued on the fence and screen enclosure being secure as to not pose a public safety issue. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT, LAPETRA N. JONES, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL OCTOBER 7TH, (2014) TO CORRECT THE VIOLATION. IN THE EVENT THE 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." MOTION BY VICE-CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 23,2014 PAGE 9 OF 12 PUBLIC HEARINGS-NEW CASES ill 502. Code Enforcement Division—Police Department CASE # 2014CE001931 LaDonne Life Wightman—Estate Of Cynthia D. Dobar 967 North Wedgwood Drive Winter Springs, Florida 32708 Sec. 13-2. (e) Stagnant Pool. Date Of Service: September 5,2014 Inspector: Jim Flannigan Corporal Flannigan presented the Case and submitted into Evidence, "‘WS-1', which is all of the presentations on a CD (Compact Disc); `WS-2' is the NCV (Notice of Code Violation) Returned Envelope; `WS-3' which is the Affidavit of Posting of the Notice of Code Violations; `WS-4' is Affidavit of Posting of the Code Board Notices; `WS-5' which is the United State Postal Service information for Code Board; and `WS-6' the proof of Posting of Notice of Code Violations." Next, Corporal Flannigan testified, "On July 17th, 2014 I received a complaint in reference to a house that had been vacant for over two (2) years and the pool had been stagnant since then. I checked the property and observed the stagnant pool from the neighbor's yard, with permission from the neighbor. Notice of Violation was mailed on July 21st, 2014. This Notice was Returned Unclaimed. There has been no contact from the owner at any point. Notice of Hearing was mailed on September 5th, 2014. The United States Postal Service website shows the Notice was ready for pickup. It hasn't been picked up. The Notice was also Posted at the property and City Hall on September 8th, 2014. The pool is in the same condition as the original complaint date. No action has been taken to correct the pool Violation." Photographs were shown from "WS-1"with brief comments. Concluding the presentation, Corporal Flannigan stated, "I am recommending the owner be given until October 7th, 2014 to make the corrections and if found in Non-Compliance, a Fine of two hundred and fifty dollars ($250.00) per day be imposed." Vice-Chairperson Roero asked if anyone was living at the property or if the property was in foreclosure. Corporal Flannigan replied that the property was vacant and was not in foreclosure. Brief discussion ensued on the fence being secured as to not pose a public safety issue and also the mailing address. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 23,2014 PAGE 10 OF 12 Sr.1 "I MOVE TO FIND THE RESPONDENT, LADONNE LIFE WIGHTMAN — ESTATE OF CYNTHIA D. DOBAR, IN VIOLATION OF THE CITY CODE AND C= ORDER THAT THE RESPONDENT BE GIVEN UNTIL OCTOBER 7TH, (2014) TO CORRECT THE VIOLATION. IN THE EVENT THE 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." MOTION BY VICE- CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER CRISWELL. ' DISCUSSION. Note: The Respondent was not present. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 503. Code Enforcement Division—Police Department CASE # 2014CE001369 Barbara Smith Pers. Rep. for Jody Oren 210 Sweetgum Court Winter Springs, Florida 32708 Sec. 6-195. Maintenance Of Fences Or Walls. Sec. 9-374. Posting Of Numbers. IPMC 304.7 Roofs And Drainage. Date Of Service: September 2, 2014 Inspector: Christi Flannigan Corporal Flannigan presented the Case and submitted into Evidence, "`WS-l', which is the CD (Compact Disc) of tonight's presentations; `WS-2' is the NCV (Notice of Code Violation) Returned Receipt; `WS-3' is the Affidavit of Non-Compliance Posting; 'WS- 4' is Affidavit of Posting for Code Board; `WS-5' which is the United State Postal Service, Code Board mailing Notice." Continuing, Corporal Flannigan testified, "Complaint was received about a fence missing panels and that the roof had a tarp on it and was falling apart for months. I observed that there were no house numbers. The tarp that is on the roof is falling apart. Another tarp has been placed on it also. The fence is also missing a panel, which fell in the yard. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—SEPTEMBER 23,2014 PAGE 11 OF 12 Notice of Violation was mailed on June 3rd, 2014, which was not picked up, per the United States Postal Service website. This Notice was Posted on the property on June 17th, 2014 for the Notice of Code Violation. A second Notice was mailed on August 6th, 2014. This Notice was signed for by Lawrence Smith on August 22nd, 2014. (Inspector) Christi (Flannigan) had spoken with Barbara Smith who advised that the property belonged to her deceased daughter. The property was returned to the bank and she was unsure what bank owned it at this time. She was unable to provide that bank information. Notice of Hearing was mailed on September 2nd, 2014. The United States Postal Service website shows that there was no authorized recipient. The Notice was also Posted at the property and at City Hall on September 2nd, 2014." Photographs were shown from"WS-1"with brief comments. Corporal Flannigan concluded, "I am recommending the owner be given until October 27th, 2014 to make the corrections. If found in Non-Compliance, a Fine of a hundred and fifty dollars a day be imposed." Chairperson Fisher asked if there was loose wiring on the side of the house, to which Corporal Flannigan noted that it was cable television wiring and the house was vacant. Note: The Respondent was not present. Discussion. Tape 1/Side B "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL OCTOBER 27TH, 2014 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED AND FIFTY DOLLARS ($150.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—SEPTEMBER 23,2014 PAGE 12 OF 12 PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES PUBLIC HEARINGS AGENDA—NON-COMPLIANCE CASES 600. Not Used agrat REGULAR AGENDA REGULAR 700. Not Used ADJOURNMENT Chairperson Fisher adjourned the Regular Meeting at 6:19 p.m. RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the ,2014 Code Enforcement Board Regular Meeting.