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HomeMy WebLinkAbout2015 02 24 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 24, 2015 CALL TO ORDER The Regular Meeting of Tuesday, February 24, 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, 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 Bill Poe, present Senior City Attorney Kim Kopp, present Assistant to the City Clerk Sean Beaudet,present Chairperson Fisher noted that Board Member Carole Giltz' absence 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 stated that PUBLIC HEARINGS — NEW CASES "504" would not be presented during this meeting. No objections were noted. Assistant to the City Clerk Beaudet swore in those who would be providing Testimony during tonight's Meeting. 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. "I WOULD LIKE TO MAKE A NOMINATION FOR HUGH FISHER." MOTION BY VICE-CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER POE. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 24,2015 PAGE 2 OF 15 VOTE: CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE MOTION CARRIED. 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. "I WOULD LIKE TO NOMINATE CURRENT VICE-CHAIR(PERSON), MR. ROERO." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CONSENT AGENDA CONSENT 200. Office of the City Clerk The Office of the City Clerk Requests The Code Enforcement Board Review And Approve The January 27, 2015 Code Enforcement Board Regular Meeting Minutes. "I WOULD MAKE A MOTION TO APPROVE THE MINUTES, AS STANDING." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 24,2015 PAGE 3 OF 15 VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: 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 # 2014CE003263 Joel And Shannon Humphrey 1166 Howell Creek Drive Winter Springs, Florida 32708 Sec. 13-2(e) Stagnant Pool. Sec. 6-195 Maintenance Of Fences Or Walls. IPMC 304.2 Protective Treatment. IPMC 304.12 Handrails And Guards. IPMC 308.1 Infestation. Date Of Service: January 30, 2015 Inspector: Jim Flannigan Corporal Jim Flannigan, Code Enforcement Division, Police Department presented the Case and submitted into Evidence, "`WS-1', which is the CD (Compact Disc) of the Code(Enforcement) Board presentations this evening." Next, Corporal Flannigan mentioned the only remaining Violation on the property was the stagnant pool. The other Violations had been corrected before this Hearing. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 24,2015 PAGE 4 OF 15 Corporal Flannigan further presented into Evidence, "`WS-2', which is the Return Mail for the Notice of Code Violation; `WS-3', which is the Posting of the Code Board Hearing for the property and here at City Hall; and `WS-4', which is the Affidavit of Posting of the property of the Notice of Code Violation." Continuing with the presentation, Corporal Flannigan testified, "On November 291h, 2014, a Mrs. Shannon McManama called and filed a Complaint against the property for a stagnant pool, railing on balcony, infestation of bees in the yard, and missing and falling parts of the fence. I went out and made contact with her. She was the co-owner of the house. Apparently, there were some issues between her and the other owner of the house, which is her future ex-husband. She allowed me access to the property for the Code Violations. The Notice of Violation was mailed on November 29th, 2014. It was returned `Unclaimed' and it was Posted on the property on 11/29/2014. On February 17th, 2015, I spoke with Mr. Humphrey, who is also the owner. I was advised the property is in foreclosure and he has a meeting with the bank next month, or court date with the bank next month, to decide if he is going to keep the property or not. So, he doesn't want to put any money into the property. Notice of the Hearing was mailed on January 30th, 2015 —Certified First Class Mail. The Certified Mail was returned `Unclaimed'. Notice was Posted at the property and City Hall on January 30th, 2015 as well." Photographs were shown from "WS-1". Corporal Flannigan noted that the issue with the stagnant pool was caused by the pump not running and electricity being turned off at the house. Concluding his testimony, Corporal Flannigan added, "I am recommending a Fine of two hundred and fifty dollars ($250.00)per day be imposed, if found in Non-Compliance." Chairperson Fisher inquired if the pool was secure. Corporal Flannigan stated, "The pool area is secure. It has a screen around it,plus it has a fence now that has been corrected." Discussion. Board Member Matthew Criswell asked if the house was vacant. Corporal Flannigan thought Mr. Humphrey's brother was living at the house and was working to correct the Violations on the property. Board Member Bill Poe asked if electricity had been restored at the property. Corporal Flannigan could not confirm nor deny electricity had been restored at the property. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 24,2015 PAGE 5 OF 15 Lastly, Board Member Criswell inquired if the pool pump was inoperable or if the owner simply refused to address the stagnant pool. Corporal Flannigan said, "According to Mr. Humphrey, he said that the pool itself is cracked and is going to have to be replaced. He basically told me if he is going to keep the house, then he is going to repair it or remove the pool." Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT, JOEL AND SHANNON HUMPHREY, IN VIOLATION OF THE CITY CODE 13-2. (e) AND ORDER THE RESPONDENT BE GIVEN TEN (10) DAYS 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 POE. DISCUSSION. BOARD MEMBER CRISWELL ASKED, "IS TEN (10) DAYS SUFFICIENT?" VICE-CHAIRPERSON ROERO AND BOARD MEMBER KAPROW BOTH STATED THAT THEY BELIEVED IT WAS SUFICIENT TIME TO MAKE THE REPAIR. IN RESPONSE, BOARD MEMBER CRISWELL INQUIRED, "SHOULD WE SET THAT DATE THEN FOR MARCH 10TH?" CHAIRPERSON FISHER ASKED VICE-CHAIRPERSON ROERO IF HE WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION. VICE-CHAIRPERSON ROERO STATED, "I WILL MAKE AN AMENDMENT TO THE MOTION—PUT THE DATE AS MARCH 10TH." VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: 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-FEBRUARY 24,2015 PAGE 6 OF 15 PUBLIC HEARINGS-NEW CASES 501. Code Enforcement Division—Police Department CASE # 2014CE002896 Jeff Cordes 930 Oak Forest Drive Winter Springs, Florida 32708 Sec. 6-195 Maintenance Of Fences Or Walls. IPMC 303.1 Swimming Pools. IPMC 304.14 Insect Screens. Date Of Service: February 10,2015 Inspector: Terri Guerra Inspector Terri Guerra, Code Enforcement Division, Police Department gave testimony on this Case and submitted into Evidence, "`WS-2' is the NCV (Notice of Code Violation) letter — Return Receipt; `WS-3', the Notice of Code Board — Return Receipt; and `WS-4',the Affidavit of Posting for Code Board." Continuing, Inspector Guerra stated, "October 29th, 2014 Captain (Chris) Deisler (Code Enforcement Division, Police Department) received a complaint from a neighbor about this home. He observed sections of the fence on the property that had fallen down into the neighbors yard and the screen enclosure was missing several sections of the screen, which were either torn, ripped, or removed. The screen enclosure door leading to the back of the residence was removed and leaning on the sliding glass doors and the track was in disrepair. There is an above ground pool in the back yard. However, it is empty and not posing a threat to the public safety. But, it is dingy and moldy in appearance. December 2nd, 2014, Notice of Code Violation was sent. December 8th, 2014, resident signed the Notice of Code Violation. January 3lSt, 2015, the property was checked with no corrections. February 10th, 2015, Notice of Code Board was sent out and Posted at the property and City Hall. February 18th, 2015, the owner did contact me. He advised that the bank would be taking over the property. He advised that he had no money to fix the Violations and there was nothing he was going to do about it. I attempted to call the bank that he supposedly said owned it. I couldn't get anybody to answer. The (Seminole County) Tax Appraiser is still showing him as the owner." Photographs were shown from "WS-1". Concluding the presentation, Inspector Guerra recommended, "The Violations be corrected by March 17th, 2015. If not corrected, a one hundred fifty dollar($150.00) Fine a day, be imposed until the Violations are corrected." Discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 24,2015 PAGE 7 OF 15 Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MARCH 17TH, 2015 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF A HUNDRED AND FIFTY DOLLARS ($150.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502. Code Enforcement Division—Police Department CASE #2014CE002143 Debra J. Kaplan 1185 Newton Court Winter Springs, Florida 32708 Sec. 6-195 Maintenance Of Fences Or Walls. Sec. 13-2(c) Overgrown Yard. Date Of Service: February 10,2015 Inspector: Terri Guerra Before giving testimony for this Case, Inspector Guerra submitted into Evidence, "`WS- 2' is the Return letter of NCV (Notice of Code Violation); `WS-3', the Affidavit of NCV (Notice of Code Violation); `WS-4'is the Return letter, NCV (Notice of Code Violation); and `WS-5' is the Affidavit of Posting of Notice of Code Board." Continuing, Inspector Guerra testified, "On August 7th, 2014 when conducting an inspection, I observed the fence rotted and slats were missing. Weeds are overgrowing the fence and the screen enclosure behind the fence and also going up the house. There was a sign Posted on the door for Property Preservation. I attempted to call them and email them, with negative contact. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 24,2015 PAGE 8 OF 15 On August 18th, 2014, the Violations were still present. Notice of Code Violation was sent to the homeowners Certified Mail. September 18th, 2014 the grass was cut, the weeds were still overgrowing the house, and the fence was not repaired. On September 191h, 2014, the property was Posted with Notice of Code Violation. There still has been no contact with the owner. On February 10th, 2015 the Notices were sent out for Code Board, Certified, and First Class. The property was Posted and also at City Hall. February 13th, 2015, the United States Postal (Service) website indicated it was `Undeliverable' and to `Return to Sender'." Photographs were shown from"WS-1", with further comments. Concluding the presentation, Inspector Guerra said, "Recommendation is if the Violation is not corrected by March 171h, 2015, a Fine of a hundred dollars ($100.00) a day be imposed on the owner until the property is corrected." Discussion. Inspector Guerra also mentioned the house appeared possibly vacant and the homeowner had possibly passed away. However, the Seminole County Property Appraiser still shows Debra Kaplan as the property owner. Brief discussion followed on the overgrown trees. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT, DEBRA J. KAPLAN, IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL MARCH 17TH, (2015) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF A HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE-CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 24,2015 PAGE 9 OF 15 PUBLIC HEARINGS-NEW CASES 503. Code Enforcement Division—Police Department CASE #2014CE002136 Nationstar Mtg. LLC C/O Robertson Anschutz Etal 223 Shore Road Winter Springs, Florida 32708 Sec. 13-2(e) Stagnant Pool. Sec. 6-195 Maintenance Of Fences Or Walls. IPMC 302.7 Accessory Structures. IPMC 303.2 Enclosures. IPMC 304.9 Overhang Extensions. IPMC 304.11 Chimneys And Towers. Date Of Service: February 10, 2015 Inspector: Terri Guerra This Case began with Inspector Guerra submitting into Evidence, "`WS-2' is the return letter of Notice of Code Violation; `WS-3' is the Notice of Posting Affidavit for the Notice of Code Violation; `WS-4' is the Certified Mail Return Receipt of Notice of Code Board; and `WS-5' is the Affidavit of Posting for Notice of Code Board." Inspector Guerra then testified, "I received a complaint from the neighbors in regards to the residence being abandoned with several Violations. On August 7th, 2014 I observed grass and weeds were overgrowing ten inches (10"). At the garage door, there was an extension cord that ran across the overhang extensions and it was plugged into a socket. Most of the vent covers were missing from the front of the residence. There is also a crack in the front exterior wall. The chimney has rotten and decayed wood on the exterior. We were given permission by the neighbor — to observe from her property. There are several panels missing from her side of the property. That is the only enclosure for the pool — the fence. The grass and the weeds were completely up — you couldn't even see the pool when we first saw it. There was trash and debris. There is also a stagnant pool. Accessory building at the far side of the right of the yard, closest to 225 Shore (Road), it looks like it is about to fall down. The roof is caving. Also, the door was stuck open. On August 8th, 2014 the property was Posted with Immediate Attempt to Remedy. Also, I unplugged the extension cord from the socket. On August 13th, 2014 the owner's son from New York came to the Police Station. He advised that he had cut the yard the best as he could. He advised that he is attempting to sell the vehicle that was in the garage to pay for the Violations and he was unable, due to Title issues. He also found out that there was a Lien against the vehicle as well. The same day, I went by and inspected the property. In the yard, the shrubs were partially cut back. All of the Violations were noted corrected at that point. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 24,2015 PAGE 10 OF 15 On August 18th, 2014 I made contact with the son. He was actively working on the property when I showed up. The pool was partially drained and chemicals were added. The back yard was also being cleared at that time. On September 4th, 2014 I received a call from the neighbor, Amanda Smith—advising the son had quit working and was returning back to New York on a train. On October 31st, 2014 I received a call from another neighbor that advising the grass was getting long again. The property was inspected and the grass was cut by a City contractor. There has been no contact from the owner or the owners of the property since August 13th, 2014. On January 28th, 2015 the Case was set for the Code Board and it was pulled due to the ownership change. The bank did call me and wanted to know the Violations, and they said they were going to start working on it immediately. On February 10th, 2015 I sent the Notice of Code Board Hearing — was sent Certified First Class to the new owners and Posted at the property and at City Hall. While on the property, I did observe a covered trailer in the driveway and it looked like some work was being done on the chimney. There was a tarp over the top. But, that was the only thing that was being done. On February 17th, 2015 the United States Postal (Service) website advised that the letter was delievered and I got the Return Receipt today, which I put into Evidence." Photographs were shown from "WS-1", with further comments. Concluding. the presentation, Inspector Guerra recommended, "The owner be given until March 17t , 2015, to make corrections. If found in Non-Compliance, a Fine of two hundred and fifty ($250.00) dollars a day be imposed." Chairperson Fisher asked if the fence had been repaired. Inspector Guerra confirmed the fence was still in disrepair and was the only enclosure to the pool. Brief comments followed on contact with the bank representatives, which on January 27th, 2015, assured that they would be making repair yet gave no timeline for the repairs. Board Member Maurice Kaprow asked if the Code Enforcement Board could, "Subpoena or require the bank to be here at a Non-Compliance Hearing?" Senior Attorney Kim Kopp replied, "You could subpoena the bank." Discussion ensued on the City Attorney's Office sending a subpoena to Nationstar Mortgage LLC; the stagnant pool constituting a public health and safety issue, allowing Staff to remedy the Violation, and a timeframe for noticing the property owner. Note: The Respondent was not present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 24,2015 PAGE 11 OF 15 "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL—MARCH 17TH (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. 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. AND ORDER A SUBPOENA BE ISSUED TO THE PROPERTY OWNER FOR THE COMPLIANCE HEARING." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. VOTE: CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 504. Code Enforcement Division—Police Department CASE # 2014CE002798 Louis E. Garcia 201 North Devon Avenue Winter Springs, Florida 32708 Sec. 13-2(b)Junk And Debris Sec. 13-2(c) Overgrown Yard Date Of Service: February 2, 2015 Inspector: Officer Phillip Burks As noted earlier in the Meeting, this Hearing was not held. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—FEBRUARY 24,2015 PAGE 12 OF 15 PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES PUBLIC HEARINGS AGENDA—NON-COMPLIANCE CASES 600. Code Enforcement Division—Police Department CASE #2014CE001369 Barbara Smith 210 Sweetgum Court Winter Springs, Florida 32708 Sec. 6-195 Maintenance Of Fences Or Walls. IPMC 304.7 Roofs And Drainage. IPMC 304.9 Overhang Extensions. Date Of Service: January 30, 2015 Original Hearing: September 23,2014 Inspector: Jim Flannigan Corporal Flannigan presented the Case and submitted into Evidence, "`WS-2', the Code (Enforcement) Board Order from the original Case; `WS-3' is the Return Certified Mail; `WS-4' is Return Certified Mail as well; `WS-5' is the Affidavit of Posting of Code Board at City Hall and the property; and `WS-6' is the Untied States Postal Service Receipt." Continuing, Corporal Flannigan testified, "As of January 30th, 2015 — an inspection was done and the only corrections were that house numbers were applied. There has been no contact with the owners. Notice of Code Board Hearing was mailed Certified First Class on January 30th, 2015. The Notice was also Posted on the property and City Hall on January 30th, 2015. United States Postal Service website shows that there was a Notice left at the property on February 7th, 2015." Tape 1/Side B Photographs were shown from"WS-1", with further comments. Lastly, Corporal Flannigan stated, "I am recommending the original Order of the (Code Enforcement) Board be imposed as a Lien." Brief discussion ensued on the soffits, cable wiring, the property being vacant, and the owners being given ample time to correct the Violations. 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 POE. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 24,2015 PAGE 13 OF 15 VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES 601. Code Enforcement Division—Police Department CASE# 2014CE001692 Laperta N.Jones—Estate of Debra Jones 408 Boxwood Circle Winter Springs, Florida 32708 Sec. 13-2(e) Stagnant Pool. Date Of Service: January 30, 2015 Original Hearing: September 23, 2014 Inspector: Jim Flannigan Before giving testimony on this Case, Corporal Flannigan submitted into Evidence, "`WS-2' is a copy of the original Code Board ORder; `WS-3', the Affidavit of Posting at the property and City Hall of tonight's Code Board; and `WS-4'is the United States Postal Service Receipt." Next, Corporal Flannigan testified, "During the September 23, 2014 Hearing, an Order of the (Code Enforcement) Board was issued for the stagnant pool. The Order indicates the owners were given until November 19th, 2014 and if found in Non-Compliance, a Fine of two hundred dollars ($200.00) a day be imposed. The Notice was returned as `Not Deliverable' and a handwritten statement indicating `Deceased' was written on the letter that we received back. The Notice of Code Board Hearing was mailed on January 30th, 2015 Certified First Class. The Notice was also Posted at the property and City Hall on January 30th, 2015. United States Postal Service website shows that the Notice was left on February 5th, 2015." Photographs were shown from "WS-1". It was then noted the Violation still exists; and the property appears to be vacant. Lastly, Corporal Flannigan stated, "I am recommending the original Order of the (Code Enforcement) Board be entered as a Lien against the property." Note: The Respondent was not present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 24,2015 PAGE 14 OF 15 "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-CHAIRPERSON ROERO. DISCUSSION. VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES 602. Code Enforcement Division—Police Department CASE# 2014CE001870 Marta Horvath 114 Murphy Road Winter Springs, Florida 32708 Sec. 13-2(e) Stagnant Pool. Date Of Service: January 30,2015 Original Hearing: October 28,2014 Inspector: Jim Flannigan This Case began with Corporal Flannigan submitting into Evidence, "`WS-2' is the Affidavit of Posting at City Hall and the property of the Code Board for this evening; `WS-3' is a copy of the Code Board Findings; and `WS-4' is the United States Postal Service—Mail Returned." Corporal Flannigan then testified, "There has been no contact with the owner. Notice of Code Board was mailed on January 30th, 2015 and also Posted at the property and City Hall on the same day. United States Postal Service shows that they moved and no forwarding address (was available) as of February 9th, 2015." It was noted that the owners were given until November 19th, 2014 to correct the Violations. Photographs were shown from "WS-1" and Corporal Flannigan mentioned the grass was being cut and the fence had been repaired. The only remaining Violation was the stagnant pool. Lastly, Corporal Flannigan stated, "I am recommending the Order of the (Code Enforcement) Board be entered as a Lien." Further comments followed on the mailing address of the property owners. Note: The Respondent was not present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—FEBRUARY 24,2015 PAGE 15 OF 15 "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 KAPROW. SECONDED BY VICE-CHAIRPERSON ROERO. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. REGULAR AGENDA- PART II REGULAR 702. Not Used ADJOURNMENT Chairperson Fisher adjourned the Regular Meeting at 6:30 p.m. RESPECTFULLY SUBMITTED: SEA BEI:UDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the March 24,2015 Code Enforcement Board Regular Meeting.