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HomeMy WebLinkAbout2015 04 28 Consent 200 Unapproved Minutes from the March 24, 2015 Regular Meeting CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING C:13.4 MARCH 24, 2015 CALL TO ORDER The Regular Meeting of Tuesday, March 24, 2015 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, present Board Member Maurice Kaprow,present 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 followed by the Pledge of Allegiance. In regards to Agenda Changes, Captain Chris Deisler, Code Enforcement Division, Police Department noted that PUBLIC HEARINGS — NEW CASES "500", "501", and PUBLIC HEARINGS — NON-COMPLIANCE CASE "601" would not be presented during this meeting. No objections were noted. Assistant to the City Clerk Sean Beaudet swore in those who would be providing Testimony during tonight's Meeting. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES �rsr� CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 24,2015 PAGE 2 OF 7 CONSENT AGENDA CONSENT 200. Office of the City Clerk The Office of the City Clerk Requests The Code Enforcement Board Review And ""-"' 1 Approve The February 24, 2015 Code Enforcement Board Regular Meeting Minutes. "I MOTION TO APPROVE THE MINUTES, AS STANDS." 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 GILTZ: AYE BOARD MEMBER KAPROW: 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 CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD ��� REGULAR MEETING-MARCH 24,2015 PAGE3OF7 PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS-NEW CASES 500. Code Enforcement Division—Police Department CASE #2015CE000371 Elia Doerfler 111 Lido Road Winter Springs, Florida 32708 Sec. 13-2. (e) Stagnant Pool IPMC 303.2 Enclosures. Date Of Service: March 5, 2015 Inspector: Jim Flannigan This Case was not heard. PUBLIC HEARINGS-NEW CASES 501. Code Enforcement Division—Police Department CASE #2014CE002896 Karl And Maria Cabanilla-Lowe; Select Portfolio; Suntrust Bank 630 Marni Drive Winter Springs, Florida 32708 Sec. 13-2. (e) Stagnant Pool Sec. 6-195. Maintenance Of Fences Or Walls. Date Of Service: March 5, 2015 Inspector: Jim Flannigan This Case was not presented. PUBLIC HEARINGS-NEW CASES 502. Code Enforcement Division—Police Department CASE # 2014CE003387 Robert C. And Penny M. Jennings 913 Gazell Trail Winter Springs, Florida 32708 Sec. 13-2. (c) Overgrown Yard Sec. 6-195. Maintenance Of Fences Or Walls. Date Of Service: March 9,2015 Inspector: Terri Guerra In presenting this Case, Inspector Terri Guerra submitted into Evidence, "The CD (Compact Disc) of 'WS-1', `WS-2' is the Return Receipt for Notice of Code Violation, `WS-3' is the Affidavit of Posting for Code Board, `WS-4' is the United States Post Office notification of the Notice being left." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—MARCH 24,2015 - rs• PAGE 4 OF 7 Inspector Guerra testified, "On December 10th, 2014 I received a complaint in reference to grass being overgrown on the property and the fence was broken in sections. Upon my arrival, I noticed the yard had several weeds overgrowing throughout the yard. Also, the fence on the right side of the property and the panel was falling and several slats were broken in the rest of the fence. A door hanger was left at that time. te=a January 20, 2015, the Notice of Code Violation was sent Certified Mail. It was signed by P. Jennings on January 23rd, 2015. On March 9th, 2015 a Notice of Code Board was sent out Certified and Posted at the property and at City Hall. On March 12th, 2015 U.S.P.S (United States Postal Service) website advised the Notice was left — no authorized recipient was available and there has been no contact from the owner at this time." Photographs were shown from "WS-1". Inspector Guerra also noted that the grass had been cut by a Contractor on March 23, 2015 and recommended, "The Violation be corrected by April 14th, 2015. If not corrected, a Fine of one hundred fifty dollars ($150.00) a day be imposed until the Violations are corrected." Note: The Respondent was not present. Board Member Carole Giltz reaffirmed that the grass had been cut by a contractor. Inspector Guerra responded that the grass had indeed been cut. Discussion. Next, Board Member Matthew Criswell asked about the cost incurred by the City to cut the grass. Captain Deisler replied, "I just got the bill from the landscaper at a hundred and fifty dollars ($150.00) plus staff costs at approximately twenty-five to thirty dollars ($25.00-$30.00) in the process." Discussion. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL APRIL 14TH, 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 KAPROW. SECONDED BY BOARD MEMBER GILTZ. BOARD MEMBER CRISWELL FURTHER INQUIRED ON HOW THE COSTS INCURRED BY THE CITY COULD BE RECOUPED FOR THE GRASS CUTTING, IF THE PROPERTY CAME INTO COMPLIANCE BEFORE AN ADDITIONAL HEARING. CAPTAIN DEISLER EXPLAINED, "I INTEND TO LEVY A LIEN AGAINST THE PROPERTY SHOULD THEY NOT PAY MY INVOICE. USUALLY WE GIVE THEM THIRTY (30) DAYS TO PAY IT." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 24,2015 PAGE 5 OF 7 VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE S= MOW': BOARD MEMBER CALHOUN: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA- NON-COMPLIANCE CASES PUBLIC HEARINGS-NON-COMPLIANCE CASES 600. Code Enforcement Division—Police Department CASE#2014CE002222 William And Sandra Campbell 108 St.Johns Landing Drive Winter Springs, Florida 32708 Sec. 13-2. (c) Unsafe/Unsanitary Sec. 13-2. (e) Stagnant Pool Sec. 17-1. Obstructing Streets And Sidewalks. IPMC 302.7 Accessory Structures. IPMC 304.2 Protective Treatment. IPMC 304.7 Roofs and Drainage. IPMC 308.1 Infestation. Original Hearing Date: October 28, 2014 Date Of Service: March 10, 2015 Inspector: Terri Guerra Before giving testimony for this Case, Inspector Guerra submitted into Evidence, "`WS- 1' the CD (Compact Disc), `WS-2' the Minutes from the October 28, 2014 Code Board, `WS-3' is the Affidavit of Non-Compliance, `WS-4' Affidavit of Posting, and `WS-5' United States Post Office print-out regarding Notice left." Continuing, Inspector Guerra testified, "The owners were given until November 14, 2014 to make corrections or a Fine of two hundred and fifty dollars ($250.00) a day would be imposed. The pool was secured by a City crew on November 25, 2014. The sidewalk has been cleared of branches. All of the other Violations have not been addressed. March 10, 2015 a Notice of Non-Compliance was Posted at the residence and City Hall. Registered letter was also sent to the owner of record and per the United States Post Office website, the Certified Notice was left on March 12 (2015), with no one authorized to sign for it. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 24,2015 rarmai PAGE 6 OF 7 On March 16, 2015 Angie Jacobs, the daughter of the owner on record, came into the (Police) Station to talk to me and advised that her mom was elderly and did not work. She has been going through foreclosure for seven (7) years with the bank and she finally got served the papers. They are just waiting for the bank to actually take over. She just wom wanted to let us know that she is not ignoring the Notices, but there is nothing that she can do and can't afford to pay for anything." Photographs from"WS-1"were shown with further comments. Concluding the presentation, Inspector Guerra said, "I recommend the City correct the stagnant pool and record services as a Lien. In regards to all other Violations, I am recommending the original Order of two hundred and fifty dollars ($250.00) a day be imposed as a Lien." Chairperson Fisher inquired if the pool was secure. Inspector Guerra replied that the pool was secure. Following, Vice-Chairperson Gregg Roero sought clarification on the other Violations. Inspector Guerra noted, "We fixed the (pool) enclosure and I don't know who is cutting the yard. It has been kept up. The tree that was coming out in front of the sidewalk is back now. Someone must have cut it. I don't know who." Note: The Respondent was not present. "I WOULD 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 CRISWELL. SECONDED BY VICE-CHAIRPERSON ROERO. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—MARCH 24,2015 PAGE 7 OF 7 ralaT PUBLIC HEARINGS—NON-COMPLIANCE CASES 601. Code Enforcement Division—Police Department CASE# 2014CE002190 Federal National Mtg. Assn. do Financial Freedom 1507 Woodsglen Drive Winter Springs, Florida 32708 IPMC 304.9 Overhang Extensions. Original Hearing Date: October 28,2014 Date Of Service: March 10, 2015 Inspector: Terri Guerra This Case was not heard. REGULAR AGENDA REGULAR 700. Not Used ADJOURNMENT Chairperson Fisher adjourned the Regular Meeting at 5:47 p.m. RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the ,2015 Code Enforcement Board Regular Meeting.