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.