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HomeMy WebLinkAbout2015 01 27 Code Enforcement Board Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 27, 2015 CALL TO ORDER The Regular Meeting of Tuesday, January 27, 2015 of the Code Enforcement Board was called to Order by Chairperson Hugh Fisher 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, present Vice - Chairperson Gregg Roero, absent [Excused] Board Member Laurie Bates Calhoun, present Board Member Matthew Criswell, present Board Member Carole Giltz, present Board Member Maurice Kaprow, absent [Excused] Board Member Bill Poe, absent [Unexcused] Senior City Attorney Kim Kopp, present Assistant to the City Clerk Sean Beaudet, present A moment of silence was held in honor of former Code Enforcement Board Member Jim Pitts, who recently passed away. The Pledge of Allegiance followed. In regards to Agenda Changes, Captain Chris Deisler, Code Enforcement Division, Police Department noted that PUBLIC HEARINGS — NEW CASES 1150011, "503 ", and REGULAR "705" would not be presented during this meeting. No objections were noted. Captain Deisler also noted the Respondents were in attendance for PUBLIC HEARINGS — NEW CASE "501" and REGULAR 11706" and asked the Code Enforcement Board if they would be inclined to first hear these Cases. Likewise, no objections were noted. Assistant to the City Clerk Sean Beaudet swore in those who would be providing Testimony during tonight's Meeting. ❖ ❖ AGENDA NOTE: REGULAR AGENDA ITEMS — PART I "700" AND "701" WERE ADDRESSED SIMULTANEOUSLY, AS DOCUMENTED. ❖ ❖ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 2 OF 15 REGULAR AGENDA - PART I REGULAR 700. Office Of The City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Hold An Election For The Position Of Chairperson For Calendar Year 2015. REGULAR 701. Office Of The City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Hold An Election For The Position Of Vice - Chairperson For Calendar Year 2015. As there were some Code Enforcement Board Members absent, Chairperson Fisher asked if the Agenda Items for Elections of Chairperson and Vice - Chairperson could be brought back at the next meeting. "I WOULD MAKE A MOTION TO MOVE IT TO THE FEBRUARY MEETING." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. REGULAR 702. Office Of The City Attorney The Office Of The City Attorney Requests The Code Enforcement Board Discuss And Re -Adopt The City Of Winter Springs Code Enforcement Board Policy And Procedures Manual For The Current Year With Any Amendments, As Applicable. Chairperson Fisher explained there were no substantive changes to the Code Enforcement Board Policy and Procedures Manual. He did point out that section VII. ORDER OF BUSINESS was edited to incorporate the changes from last year to reflect the current Code Enforcement Board proceedings. "MOTION TO ADOPT IT AS STANDS." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 3 OF 15 VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. REGULAR 703. Office Of The City Attorney The Office Of The City Attorney Requests The Code Enforcement Board Discuss And Re -Adopt The Sample Motions For The Current Year With Any Amendments, As Applicable. Chairperson Fisher noted there were no changes to the Code Enforcement Board Sample Motions and thanked the City Attorney's Office for having them available. "I MOVE THAT WE APPROVE THE SAMPLE MOTIONS." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. CHAIRPERSON FISHER ADDED, "LET ME REMIND BOARD MEMBERS THAT IT IS NOT NECESSARY, DURING THE COURSE OF THE MOTIONS, TO ACTUALLY NAME THE RESPONDENTS, SIMPLY USE THE TERM `RESPONDENT'." VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 4 OF 15 CONSENT AGENDA CONSENT 200. Office of the City Clerk The Office of the City Clerk Requests The Code Enforcement Board Review And Approve The October 28, 2014 Code Enforcement Board Regular Meeting Minutes. "I MOVE TO APPROVE THE MINUTES FROM THE LAST MEETING." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 300. Not Used 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 # 2014CE001932 William Horter 944 March Hare Court Winter Springs, Florida 32708 IPMC 304.6 Exterior Walls. IPMC 304.9 Overhang Extensions. Date Of Service: December 9, 2014 Inspector: Christi Flannigan As noted earlier in the meeting, this Case was not going to be presented. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 5 OF 15 PUBLIC HEARINGS - NEW CASES 501. Code Enforcement Division — Police Department CASE # 2014CE002245 Angelo Sanchez And Raquel Tavares 221 North 3rd Street Winter Springs, Florida 32708 IPMC 108.1.1 Unsafe Structures. Date Of Service: December 2, 2014 Inspector: Chris Deisler Captain Deisler presented this Case and submitted into Evidence, "'WS-l', which will be the CD (Compact Disc) of the presentations tonight; 'WS-2' is the Affidavit of Posting for this Hearing; 'WS-3' is my Certified Mailing for this Hearing." In addition, Captain Deisler noted that Mr. Jay Abel, Building Inspector and the Respondent were in attendance. Continuing with the presentation, Captain Deisler testified, "Originally this Case came to my attention back in August of last year. This home has an existing carport structure — it is in a rundown condition, which poses a hazard to the occupants or anyone who maybe nearby. There are several areas where the wood is rotting. The doors and the walls of the structure are inadequate to support it during times of storms and wind. That was based upon conversations that I had with the renter who lives there. Mr. Abel, our Building Inspector, was contacted by the owner about June 26, 2014. He was asked to further inspect the structure, based upon his professional qualifications. He replied to me that the structure was a danger and that it needed to be fixed or removed." Photographs were shown from "WS -1 ", with further comments. Mr. Jay Abel, Building Inspector, Building Division, Community Development Department addressed the Code Enforcement Board and testified, "Captain Deisler asked me to go there and take a look at the structure, which I did. It needs to be either repaired or taken down. I instructed in my Notice that a Permit would be required to either (repair) or (remove). I went back out there and met Mr. Sanchez. It was mid - September and I asked him if he was going to repair or get Permits or demolish it. He said he wasn't sure yet. At that time, I said I would turn it over to Code Enforcement if it doesn't get rectified. Basically it does have wood rot all the way around it. It does need to either be taken down or repaired." Next, Captain Deisler explained that he had also met with Mr. Sanchez in September 2014, gave him additional time to obtain Permits and correct the Violation. Since that time, Captain Deisler said he has had no other contact with the Respondent. Further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 6 OF 15 Lastly, Captain Deisler stated, "I am recommending that he be provided two (2) weeks to secure proper Permits, conduct adequate repairs on the carport, and show considerable progress toward repairs to remedy the structural issues. Should he fail to comply, I am requesting that you authorize demolition of said structure at cost that will be put back on the property in the form of a Lien." Mr. Angelo Sanchez, 100 Lisa Loop, Winter Springs, Florida: provided a letter from the company "Builders & Renovators ", which was entered into the Record as Exhibit "R -1 ". Since there was only one (1) copy, Chairperson Fisher read the letter aloud to the other Code Enforcement Board Members. Board Member Matthew Criswell mentioned that the letter was from a Building Contractor, not a General Contractor and asked Captain Deisler, "You had said earlier that you wanted to have a letter from a Structural Engineer or Professional Engineer ?" Captain Deisler responded, "Correct, Sir. You are going right down the road that I would like Mr. Abel to speak to." Mr. Abel added, "A General Contractor will not certify it because they are not a licensed Engineer. As you will probably see by the letter, I didn't see a stamp or raised seal on that letter. That is what a licensed, Structural Engineer would need to provide." Chairperson Fisher also pointed out there was no signature on the letter provided by "Builders & Renovators ". Likewise, Mr. Abel noted that the letter would not be acceptable without a signature. Next, Captain Deisler submitted into Evidence "` WS -4', which were the Notices that were issued by the Building Division with regard to this. It clearly states in the Notices that were issued to Mr. Sanchez, that a licensed Structural Engineer provide said letter." Discussion. Board Member Carole Giltz noted that the City gave Mr. Sanchez the option of repairing the structure or demolishing the structure and asked if he is considering either option. Mr. Sanchez replied, "Not at this moment. I thought it was safe." In turn, Board Member Criswell inquired, "You do carry liability insurance on that property ?" Mr. Sanchez replied, "Yes, Sir." Much discussion ensued on possible Motions, Staff's recommendation, time frames for pulling Permits, and that a Notice of Intent to Remedy was indeed sent to Mr. Sanchez in December 2014. Next, Captain Deisler submitted into Evidence "WS -5 ", which was the Notice of Intent to Remedy. The Notice was previously provided to the Code Enforcement Board in the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JANUARY 27, 2015 PAGE 7 OF 15 "I WOULD MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND RESPONDENT BE GIVEN UNTIL FEBRUARY 10TH, (2015) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, THEN WE WOULD RENDER SECTION 13 -4. PROCEDURES IN ACCORDANCE WITH ANY COST OR EXPENSES, AS A FINE." MOTION BY BOARD MEMBER CRISWELL. SENIOR ATTORNEY KIM KOPP INQUIRED, "IS THERE A FINE OR NO FINE WITH RESPECT TO JUST THE VIOLATION?" BOARD MEMBER CRISWELL REPLIED, "NO FINE. IT WOULD BE A LIEN." CHAIRPERSON FISHER REITERATED, "AT THIS POINT THERE WOULD BE NO FINE. HOWEVER, IT WOULD BE IN ADDITION TO THE FINDING OF VIOLATION. SECTION 13 -4. WILL APPLY AND THE COST OR EXPENSE OF ANY CONSEQUENCES OF THAT ACTION WILL BE APPLIED AS A LIEN ON THE PROPERTY." IN TURN, SENIOR ATTORNEY KOPP CLARIFIED, "YOU WANT TO FIND THE PROPERTY IN VIOLATION OF IPMC 108.1.1 WITH NO FINES AND IF THE PROPERTY DOES NOT COME INTO COMPLIANCE BY FEBRUARY 10TH, THEN YOU ARE AUTHORIZING STAFF TO ACT UNDER SECTION 13- 4. TO ABATE THE NUISANCE AND THE COST OF REPAIR OR REMOVAL OF THE DANGEROUS CONDITION WILL BE A LIEN ON THE PROPERTY, PURSUANT TO (SECTION) 13 -4. ?" BOARD MEMBER CRISWELL ANSWERED, "CORRECT." SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. CAPTAIN DEISLER ADDED THAT HE WAS CONCERNED THAT THE RESPONDENT WOULD SIMPLY PULL A PERMIT AND TAKE NO FURTHER ACTION IN ORDER TO AVOID ADDRESSING THE VIOLATION. DISCUSSION ENSUED ON TIMEFRAMES FOR PULLING PERMITS. Tape 1 /Side B SENIOR ATTORNEY KOPP ADDED, "THIS IS JUST A SUGGESTION, BUT YOU MAY WANT TO CONSIDER A LONGER TIMEFRAME THAN FOURTEEN (14) DAYS. MAKE THE ISSUE A COMPLETE COMPLIANCE. EITHER IT IS REPAIRED OR IT'S DEMOLISHED TO THE SATISFACTION OF CODE ENFORCEMENT. I DON'T KNOW WHAT A REASONABLE TIME IS. THAT IS FOR YOU TO DECIDE. YOU MAY WANT TO MAKE IT A COMPLETE COMPLIANCE BY A SPECIFIED DATE, AS SOMETHING TO CONSIDER." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 8 OF 15 DISCUSSION ENSUED ON THE ALLOWABLE TIME FRAME TO REPAIR THE VIOLATION. BOARD MEMBER CRISWELL SAID, "I THINK THIRTY (30) DAYS FOR SOMETHING LIKE THIS IS ENOUGH. MR. ABEL, DO YOU AGREE?" MR. ABEL NODDED IN AGREEMENT. BOARD MEMBER CRISWELL ASKED IF AN AMENDMENT NEEDED TO BE MADE TO HIS ORIGINAL MOTION. SENIOR ATTORNEY KOPP NOTED, "SO, IT IS THIRTY (30) DAYS ?" BOARD MEMBER CRISWELL REMARKED, "YES. FINAL INSPECTION — THIRTY (30) DAYS — BY THE CITY." SENIOR ATTORNEY KOPP CLARIFIED, "IF IT IS NOT REPAIRED OR DEMOLISHED WITHIN THAT THIRTY (30) DAY PERIOD, THEN THE CITY STAFF IS AUTHORIZED WITHOUT FURTHER HEARINGS TO REPAIR OR DEMOLISH THE STRUCTURE; AND THE COST OF THAT WORK WILL BE A LIEN, PURSUANT TO (CITY ORDINANCES SECTION) 13 -4. ?" BOARD MEMBER CRISWELL STATED, "CORRECT ". VOTE: CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. ❖❖ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. ❖❖ REGULAR AGENDA - PART II REGULAR 706. Code Enforcement Division — Police Department CASE #12- 0028385 Federal National Mortgage Association 1637 Tiverton Street Winter Springs, Florida 32708 Sec. 2 -61.5. Application For Satisfaction Or Release Of Code Enforcement Liens. Original Hearing: February 26, 2013 Inspector: Christi Flannigan This next Case was presented by Captain Deisler who gave a brief history of the property. Photographs were shown from "WS -1 ", with further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 9 OF 15 Continuing, Captain Deisler said, "The Applicants, seated here, had a pending contract to buy the home or it is still pending and intend to make it their residential homestead, which is probably the top tier of where we want to go with these properties. Get people in them who want to homestead. The Violations were brought into Compliance by the bank some time ago and the house has been maintained accordingly since. Since this home will be the homestead of the Applicant, and the contract is now apparently concluded, our recommendation is going to be a reduction in total amount owed to the City of nine hundred and fifty dollars ($950.00)." Mrs. Kelly Mullins, 220 Heatherbrooke Circle, Oviedo, Florida: stated, "We just closed on the home yesterday. We purchased this home from Fannie Mae. Immediately we got an inspection on the home to find out if there was anything wrong with it. We purchased an appraisal on the home, we had a mold inspection done on the home, got to the point of closing and two (2) weeks ago were notified by the Title Company there was a Lien on the property of a hundred and fifty -three thousand dollars ($153,000.00). We already had spent a thousand dollars ($1,000.00) on this home. We have been looking for a home for over four (4) months." Mrs. Mullins also mentioned in the past they had owned homes in Geneva, Oviedo and would like to stay in the area. "I MOVE TO RECOMMEND THAT THE CITY REDUCE THEIR LIEN FOR THIS PROPERTY TO NINE HUNDRED FIFTY DOLLARS ($950.00), WHICH WILL COVER SOME OF THE EXPENSES THE CITY HAS SPENT ON THIS PROPERTY." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. ❖❖ AGENDA NOTE: THE FOLLOWING "PUBLIC HEARINGS AGENDA — NEW CASES" AGENDA ITEM WAS DISCUSSED NEXT, AND IS DOCUMENTED ACCORDINGLY. ❖•A CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 10 OF 15 PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502. Code Enforcement Division — Police Department CASE # 2014CE003031 Jean And Chea Belfort 921 Puma Trail Winter Springs, Florida 32708 Sec. 6 -195. Maintenance Of Fences Or Walls. Date Of Service: December 1, 2014 Inspector: Chris Deisler In presenting this Case, Captain Deisler submitted into Evidence, "'WS-2', the Affidavit of Posting for the Hearing and 'WS-3' the Certified Mail Receipt." Next, Captain Deisler testified, "This complaint was generated by the next door neighbor — he invited me to his home to let me look at the condition of the fence of the neighboring home. At this point what he was dealing with was a couple sections of fence that had fallen. There were also exposed, rusty nails. I met with him on November 7th, (2014) and verified the Complaint. The home is a rental property. The owners of Record do reside in Virginia. The Notice of Code Violation was mailed to them on November 7th, 2014. It was never picked up by the addressee. There was no contact from the owners or work done to the fence." Photographs were shown from "WS 4" with further comments. Lastly, Captain Deisler stated, "As of the 27th of January of this year, I had information that the owner had received a quote for a new fence to be installed on February 27th, I have actually been in contact with the Property Manager for this home. She actually has been very responsive, even as recently as today. Hopefully this fence will be installed prior to the Non - Compliance Hearing scheduled for next month." Staff recommendation was to allow the owner until February 27th, 2015 to correct the Violation. If not corrected, a Fine of two hundred and fifty dollars ($250.00) would be imposed per day until the Violation comes into Compliance. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 11 OF 15 "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL FEBRUARY 27'x, 2015 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 BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. Captain Deisler requested REGULAR "704" be heard next to be able to conclude his presentations for this meeting. No objections were noted. ❖❖ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. ❖❖ REGULAR AGENDA - PART II REGULAR 704. Code Enforcement Division — Police Department CASE #11- 0025345 Angel And Jacqueline Carrero 204 South Moss Road Winter Springs, Florida 32708 Sec. 2 -61.5. Application For Satisfaction Or Release Of Code Enforcement Liens. Original Hearing: October 4, 2011 Inspector: Christi Flannigan Captain Deisler presented the Case and stated, "This is a Lien Reduction request by the current owners of this home, Mr. and Mrs. Carrero. The Carreros are residents of Puerto Rico and I do not believe that they are going to have any representation here. This home had several issues dating back to 2011." Next, Captain Deisler then covered an assortment of Violations that had come before the Code Enforcement Board over the previous years. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 12 OF 15 Continuing with his testimony, Captain Deisler said, "The Carreros took possession of this property on or about the 26th of October 2012, `As -Is.' Where the problem lies is they're claiming that they were not told in the Title work that there was a Lien that amassed over three hundred thousand dollars ($300,000.00) on this home, which is probably at my best estimate valued maybe at sixty [thousand dollars] ($60,000.00). So, they bought it, rehabbed it, got it all fixed, and have since made it a rental home. It hasn't caused us a problem since. However, now they want to sell it and are finding that their `As -Is' condition includes this Lien." Further comments. Concluding his presentation, Captain Deisler said, "We are going to request the recommendation of a standard ten percent (10 %) reduction, which will bring a total owed to the City of thirty -two thousand seven hundred and fifteen dollars ($32,715.00)." Much discussion ensued on unknown total costs incurred by the City, how the property may have been purchased by the owners without knowledge of the outstanding Lien, treating these Lien Reduction Request Cases individually, and what a fair price would be if a reduction was granted. Note: The Applicant was not present. "I WOULD MOVE TO RECOMMEND THE CITY COMMISSION REDUCE THE LIEN TO TEN THOUSAND DOLLARS ($10,000.00)." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. ❖•A AGENDA NOTE: THE FOLLOWING "PUBLIC HEARINGS AGENDA NEW CASES" AGENDA ITEM "503" WAS DISCUSSED NEXT, AS DOCUMENTED. ❖ ❖ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 13 OF 15 PUBLIC HEARINGS - NEW CASES PUBLIC HEARINGS - NEW CASES 503. Code Enforcement Division — Police Department CASE # 2014CE002136 Bismark And Colleen Wheatley 223 Shore Road Winter Springs, Florida 32708 Sec. 6 -195. Maintenance Of Fences Or Walls. Sec. 13 -2. (e) Stagnant Pool IPMC 302.7 Accessory Structures. IPMC 303.2 Enclosures. IPMC 304.9 Overhang Extensions. IPMC 304.11 Chimneys And Towers. IPMC 303.2 Enclosures. Date Of Service: December 19, 2014 Inspector: Terri Guerra As noted earlier in the meeting, this Case was not going to be presented. ❖❖ AGENDA NOTE: THE FOLLOWING "PUBLIC HEARINGS AGENDA NEW CASES" AGENDA ITEM 11600" WAS DISCUSSED NEXT, AS DOCUMENTED. ❖❖ PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES 600. Code Enforcement Division — Police Department CASE # 12- 0028217 King And Sindy Smith 130 East Bahama Road Winter Springs, Florida 32708 Sec. 13 -2. Junk And Debris Date Of Service: December 9, 2014 Original Hearing: February 26, 2013 Inspector: Jim Flannigan Corporal Jim Flannigan, Code Enforcement Division, Police Department presented the Case and submitted into Evidence, "'WS-2' is the Return Certified Mail for tonight's Code Board (Hearing) and 'WS-3', which is the Affidavit of Posting for Code Board at the property for 130 (East) Bahama (Road) and here at City Hall." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 27, 2015 PAGE 14 OF 15 Continuing, Corporal Flannigan testified, "On September 18th, 2014 I noticed junk and debris and an overgrown yard. There has been no contact with the owner since April of 2013 when he requested more time to complete the cleanup. He was cleaning up and his son was working on it as well. On January 25th, 2015 we had Officer Williams go out to the house over the weekend. He advised us that there were people on the property doing some cleanup work. They were in the process of moving out of the house. With their permission, he was able to take pictures while on the property. United States Postal Service website shows the Order of the Board delivered on March 14, 2013 from the original Hearing. Notice of Code Board was mailed on December 9th, 2014 and Posted on the property and City Hall the same day. The Notice was returned `Unclaimed' the United States Postal Service." Photographs were shown from "WS -1 ", with further comments. Concluding his presentation, Corporal Flannigan said, "I am recommending the original Order of the Board be entered as a Lien." Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THE PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. ❖❖ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. ❖❖ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JANUARY 27, 2015 PAGE 15 OF 15 REGULAR AGENDA - PART II REGULAR 705. Code Enforcement Division — Police Department CASE #13- 0029228 JP Morgan Chase Bank 629 Alton Road Winter Springs, Florida 32708 Sec. 2 -61.5. Application For Satisfaction Or Release Of Code Enforcement Liens. Original Hearing: September 24, 2013 Inspector: Christi Flannigan As noted earlier in the meeting, this Case was not going to be presented. ADJOURNMENT Chairperson Fisher adjourned the Regular Meeting at 7:00 p.m. RESPECTFULLY SUBMITTED: SEAN BEA.UDET ASSIS T AN'r TO THE CITY CLERK NOTE: These Minutes were Approved at the February 24, 2015 Code Enforcement Board Regular Meeting.