Loading...
HomeMy WebLinkAbout2015 05 26 Consent 200 Unapproved Minutes from the April 28, 2015 Regular Meeting CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING CO APRIL 28, 2015 =L♦ wiemi CALL TO ORDER The Regular Meeting of Tuesday, April 28, 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, present Senior 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, Assistant to the City Clerk Sean Beaudet mentioned that PUBLIC HEARINGS — NEW CASES "506", "507", and "508" 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. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES " CODE ENFORCEMENT BOARD �-.�-vy REGULAR MEETING-APRIL 28,2015 PAGE 2 OF 18 CONSENT AGENDA CONSENT 200. Office of the City Clerk ommii The Office Of The City Clerk Requests The Code Enforcement Board Review And Approve The March 24,2015 Code Enforcement Board Regular Meeting Minutes. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE MINUTES." MOTION BY VICE-CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER GILTZ. 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 BOARD MEMBER POE: 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. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 28,2015 IIrr�1 PAGE3OF18 PUBLIC HEARINGS-NEW CASES 501. Code Enforcement Division—Police Department CASE #2015CE000153 Marcus Combs 180 3rd Street lagett Winter Springs, Florida 32708 Sec. 6-195. Maintenance Of Fences Or Walls. Date Of Service: March 30,2015 Inspector: Captain Chris Deisler Captain Chris Deisler, Code Enforcement Division, Police Department, presented the Case and submitted into Evidence, "`WS-1', is going to be my presentation tonight; 'WS- 2' is proof of mailing for the NCV (Notice of Code Violation); `WS-3' will be my proof of delivery for the NCV (Notice of Code Violation); `WS-4' is a proof of mailing for the Code (Enforcement) Board Hearing tonight; `WS-5' is the Return Notice of Code (Enforcement) Board letter; and `WS-6' will reflect the Affidavit of Posting for tonight's meeting at the property and at City Hall." Continuing, Captain Deisler testified, "While I was out on patrol, I just happened to notice that this residence has a fence that borders North Edgemon (Avenue) and also runs behind the property. The rear of this property has a drainage easement behind it. The fence is composed primarily of wood — more like a board on board fence. On the back there is a short section of board on board with chain link. The fence in and of itself is just in a general state of disrepair. It has gone through a couple of repairs, where some slats were fixed. But, in overall condition, it is very poor. Entire sections are just old. They are very loosely held together. There's large gaps at places. Pieces of the section in the rear are broken and are only about fifty percent (50%) there. The Notice of Code Violation letter was delivered Certified (Mail) on March 19th of this year. I have not gotten a green delivery card back yet. The Notice of Code (Enforcement) Board was Posted at the property and here at City Hall on March 13th, 2015. It was also mailed Certified on March 27th, 2015. It appears the Notice was received by the owner, but left Unclaimed at the Post Office. Sometimes what we'll see is that people will get the Notices — they'll see who it's from and simply leave it Unclaimed. But, you will see there is a proof of delivery notice there. The owner of the home replaced some slats since this photograph was taken. But, the overall condition has remained the same. The rear section has not been touched at all and I have not heard a thing from the owner." Photographs were shown from"WS-1"with further comments. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 28,2015 PAGE 4 OF 18 Concluding, Captain Deisler said, "I am recommending the (Code Enforcement) Board find the property in Violation and give the Respondent until May 12th, 2015 to correct. If found in Non-Compliance, we'll bring it back—at one hundred dollars ($100.00) a day." Discussion. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT, MARCUS COMBS, IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL MAY 12TH, 2016 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 BOARD MEMBER GILTZ. IN REGARDS TO THE DATE GIVEN TO THE RESPONDENT TO CORRECT THE VIOLATION, CAPTAIN DEISLER ASKED, "CAN I ENTERTAIN A SMALL CORRECTION, FOR THE YEAR 2015 PLEASE?" BOARD MEMBER GILTZ NODDED IN AGREEMENT. SECONDED BY VICE-CHAIRPERSON ROERO. DISCUSSION. BOARD MEMBER CRISWELL INQUIRED, "WOULD THIS JUST BE SATISFIED BY THE CODE ENFORCEMENT OR WOULD PERMITTING NEED TO BE INVOLVED IN THIS?" CAPTAIN DEISLER REPLIED, "ANYTHING THAT REQUIRES REPAIRS OVER ONE HUNDRED DOLLARS ($100.00) WILL REQUIRE A PERMIT." FURTHER,VICE-CHAIRPERSON ROERO ASKED, "ARE WE JUST TALKING ABOUT THE BACK SECTION OR AN OVERALL?" CAPTAIN DEISLER STATED, "THE WHOLE THING—THE BACK SIDE AND FRONT." VOTE: VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: 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 r REGULAR MEETING-APRIL 28,2015 PAGE5OF18 IPP PUBLIC HEARINGS-NEW CASES 502. Code Enforcement Division—Police Department CASE#2015CE000391 C:=1-4 Realty Income Properties 29 LLC And Family Dollar Store#8915 leael 250 West State Road 434 Winter Springs, Florida 32708 Sec. 13-2. (c) Overgrowth Date Of Service: March 30, 2015 Inspector: Captain Chris Deisler Before giving testimony for this Case, Captain Deisler submitted into Evidence, "`WS-1' will be my presentation; `WS-2' will be the proof of mailing to both parties involved for the Notice of Code Violation; `WS-3' is the proof of delivery of the Notice of Code Violation to Family Dollar Store; `WS-4' is the proof of delivery for the NCV (Notice of Code Violation) for Realty Income Property; `WS-5' is the proof of mailing for the Code (Enforcement) Board Hearing; `WS-6' is the Affidavit of Posting for the Code (Enforcement) Board; `WS-7' will be proof of mailing, Code Board Notice to Family Dollar; `WS-8' will also be Realty Income proof of mailing Code (Enforcement) Board Notice; `WS-9', proof of delivery, Code (Enforcement) Board (Hearing), Realty Income (Properties)." Captain Deisler continued, "During routine patrol, I have noticed this property has not been properly maintained with regard to grass cutting, weed height, and weed control. For the most part, the area has presented well in certain areas. But, there are certain sections of this lot, particularly the east side retention area and the back of the building that have routinely been higher than allowed." Captain Deisler further commented on his discussions with management at the Family Dollar Store, that the Violation keeps reoccurring, and that the landscaper was not authorized to enter the retention area to cut the grass. Next, Captain Deisler added, "I sent the Notice of Code Violation letter, Certified, on March 19th, (2015) to both the store and the property owner. I got the green card for the store back. The Notice of Code Board was Posted on the property and here at City Hall on March 30, 2015. It was mailed Certified to both entities on March 27th, 2015." Additionally, Captain Deisler noted all the letters were signed for upon receipt. Photographs were shown from "WS-1"with further comments. In regards to the current status of the property, Captain Deisler mentioned, "As of right now, the Violation is corrected. The store has cut the grass. They have indicated to me - they have now given different approvals." Lastly, Captain Deisler suggested, "The only thing I am requesting now is a Finding of Fact with no Fines." CITY OF WINTER SPRINGS,FLORIDA yr MINUTES 0r-r CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 28,2015 PAGE 6 OF 18 Board Member Matthew Criswell inquired if the retention area held water. Captain Deisler replied that it has the potential to and the landscaper has had to, at times, delay g=2-6 cutting the area due to standing water. Mr. Kevin M. Davis, Esquire, Mintzer Sarowitz Zeris Ledva & Meyers LLP, 4651 Salisbury Road, Suite 400, Jacksonville, Florida: noted he serves as Counsel for Family Dollar in the State of Florida and stated, "Captain Deisler is correct. It has been cured. I would like council to know that Family Dollar is now under new management. I have a new Manager here with me today, Taylor Willis. Since she has been on board, the lawn company has come on a weekly basis." Mr. Davis added, "The new Manager is fully aware that the retention pond is supposed to be cut and as the Officer stated it has been cut. Right now the lawn maintenance is scheduled to occur every Monday and we anticipate that it will be continuing every Monday. I have spoken with the Manager and also spoken with Corporate. They are keen to resolve this and be compliant neighbors." Board Member Criswell asked if the contract with the landscaper is long-term. Mr. Davis replied, "Yes, I believe there is. I can find that out. I know we have been using the same person for a while." Discussion. Ms. Taylor Willis, 250 West State Road 434, Winter Springs, Florida: stated, "As far as the lawn maintenance goes, he is with the company. He has been with us for quite a while—as long as I have been with the company. He did cut the grass at my prior stores. So, I am assuming he's going to stick with us. I will make sure that gets cut and taken care of" "I WILL MOVE TO FIND THAT RESPONDENT VIOLATED THE CITY CODE; CORRECTED THE VIOLATION BY THE TIME SPECIFIED; THAT THE VIOLATION IS CURRENTLY CORRECTED; THAT NO FINE BE IMPOSED. ANY SUBSEQUENT VIOLATION OF THE SAME CITY CODE PROVISION BY RESPONDENT WITHIN FIVE (5) YEARS FROM THE DATE OF THIS ORDER SHALL BE CONSIDERED A REPEAT VIOLATION, FOR WHICH A FINE UP TO FIVE HUNDRED DOLLARS ($500.00) PER DAY MAY BE IMPOSED." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 28,2015 PAGE 7 OF 18 VOTE: BOARD MEMBER CALHOUN: AYE 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. PUBLIC HEARINGS-NEW CASES 503. Code Enforcement Division—Police Department CASE # 2015CE000424 Haydee Rubio 298 San Gabriel Street Winter Springs, Florida 32708 IPMC 304.2 Protective Treatment. Date Of Service: March 30,2015 Inspector: Captain Chris Deisler This Case began with Captain Deisler explaining what he was submitting into Evidence, "`WS-1' will be this presentation; `WS-2' is the proof of mailing for the NCV (Notice of Code Violation); `WS-3' is the proof of delivery for NCV (Notice of Code Violation); `WS-4' reflects the proof of mailing for the Code (Enforcement) Board Hearing; `WS-5' is that same Notice returned; `WS-6' is the Affidavit of Posting for tonight's Hearing." Next, Captain Deisler testified, "During routine patrols, I noticed the exterior walls of this particular unit are showing signs of faded or degraded paint. There is a lot of dirt build up and the walls appear to have a dingy appearance. The Notice of Code Violation letter was mailed Certified on February 19th, 2015 and signed for by the homeowner on February 26th, 2015. The Notice of Code (Enforcement) Board Hearing was sent Certified on March 27th, 2015 and returned Unclaimed to me on April 27th, 2015. The property and City Hall were Posted with the Notice on March 30th, 2015." Photographs were shown from "WS-1" and Captain Deisler noted that he thought the paint on the unit was original. Concluding his presentation, Captain Deisler requested, "A Finding of Fact and owner be provided until May 25th, 2015 to make corrections. If property is subsequently found in Non-Compliance, a Fine of one hundred dollars ($100.00) per day be imposed. I have not had any contact with the owner." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 28,2015 car. PAGE8OF18 Discussion. Note: The Respondent was not present. illel "I WILL MOVE TO FIND THE RESPONDENT, HAYDEE RUBIO, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MAY 25TH, (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 CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 504. Code Enforcement Division—Police Department CASE # 2015CE000478 GC4A Commercial LLC 260 East State Road 434 Winter Springs, Florida 32708 Sec. 13-2. (b)Junk And Debris Date Of Service: March 30,2015 Inspector: Captain Chris Deisler Captain Deisler presented the Case and submitted into Evidence, "`WS-1 will be this presentation; `WS-2', proof of mailing of the NCV (Notice of Code Violation); `WS-3', proof of delivery of the NCV (Notice of Code Violation); `WS-4', proof of mailing for the Code (Enforcement) Board Hearing for tonight; `WS-5', that Notice returned; 'WS- 6', Affidavit of Posting for tonight's Hearing." Continuing with his testimony, Captain Deisler noted, "The exterior of this property has extension garbage, debris, and other unsightly material throughout, particularly the rear area consisting of household trash, tires, piles of broken glass, wooden pallets, piles of concrete, and mattresses." Captain Deisler mentioned the property was the large shopping center in the west part of the City, near Victorio's II Italian Restaurant. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 28,2015 PAGE 9 OF 18 Continuing, Captain Deisler stated, "The Notice of Code Violation was sent Certified on February 26th, 2015 and signed for by an `F. Rothstein' on March 6th, 2015. The Notice of Code (Enforcement) Board Hearing was sent Certified on March 27th (2015 and signed for by someone who's name appears to be `F. Geyore' on April 4th, 2015. The property and City Hall were also Posted on March 30th, 2015. Over the last month or so I have had some dialogue with the property management company rep. Most of the debris that you'll see has been removed. However, the property remains in Violation. I drove it yesterday just too double check it. The piles of concrete are still there. There is still some trash scattered about. A couple wooden pallets are still there." Photographs were shown from "WS-1" with further comments. Lastly, Captain Deisler recommended, "The owner be provided until May 25th, 2015 to make corrections. If the property is subsequently found in Non-Compliance, a Fine of two hundred and fifty dollars ($250.00) a day be imposed." Discussion ensued on the location of the dumpster being at the west end of the shopping center, that there is no enclosure for the dumpster, that the dumpster is continuously hauled by Waste Pro of Florida, and the back of the shopping center continually collects trash. Former and current tenants of the shopping center were also briefly discussed. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT, GC4A COMMERCIAL LLC, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MAY 25TH, (2015) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE ORDER 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 GILTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD yp^,,,r--t• REGULAR MEETING-APRIL 28,2015 PAGE IO OF 18 PUBLIC HEARINGS-NEW CASES 505. Code Enforcement Division—Police Department CASE #2015CE000127 Karel And Alison Vander Zee iset 417 North Hawthorn Circle -- Winter Springs, Florida 32708 Sec. 20-434. (6) Commercial Vehicles In Residential Areas. Date Of Service: March 30, 2015 Inspector: Corporal Jim Flannigan Corporal Jim Flannigan, Code Enforcement Division, Police Department presented this Case and submitted into Evidence, "`WS-1 which is our presentation; `WS-2', is the Return Receipt from the Post Office for the Notice of Code Violation; `WS-3', is the Return Receipt for the Code (Enforcement) Board (Hearing) mailing; `WS-4', is the Affidavit of Posting of Posting at City Hall and on property." Continuing, Corporal Flannigan testified, "On January 20th, 2015 I observed a Mac Tool Truck in the driveway. Notice of Code Violation was Posted and mailed to the owners. The Notice was signed for on January 24th, 2015. Notice of Code Board was mailed on March 26th, 2015 after seeing the vehicle there several times in Violation. It was signed for, but the signature was unreadable. The Notice was Posted at the property and City Hall on March 30th, 2015." Photographs were shown from"WS-1"with further comments. Concluding his presentation, Corporal Flannigan stated, "I am recommending the owners be given until May 3rd, (2015) to make the corrections or a Fine of a hundred dollars ($100.00)be imposed, if found in Non-Compliance." Vice-Chairperson Gregg Roero asked if the height of the truck was the issue, to which Corporal Flannigan confirmed it was the height and also the size of the truck that was not permissible. Mr. Karel Vander Zee and Mrs. Alison Vander Zee, 417 North Hawthorn Circle, Winter Springs, Florida: testified, "Our vehicle has been, at night, stored at our church, Willow Creek Church. The vehicle is picked up early morning, dropped off at the house. Our home is our home office. We have our computer inside the home. We have our printers inside of the home. So, in the morning, he has to make sure he gets all of his route sheets printed. Our Wi-Fi is at our home. We do not have Wi-Fi in the truck. As far as it being stored during the day, there have been times where it has been there on a Sunday, only because we are unable to have the truck in our church parking lot on a Sunday morning. So, we do get the truck and park it back at our home that day. Beyond that, the truck is not stored at our address. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—APRIL 28,2015 PAGE 11 OF 18 s•..�_, The month of April we decided that we are unable to make our business run. Unfortunately, we are somebody else in the economy that is losing their business. We have decided to close the business. Effective April 24th, our business is no longer operating. We are in the process unloading and trying to get the tools sent back to Mac (Tools)themselves." Further comments about selling the truck. Vice-Chairperson Roero asked the respondents how long they believed it would take to sell the truck. Mrs. Vander Zee replied, "He was notified today by his District Manager that there is somebody that is interested in buying our route, as a whole. But, it is somebody that would have to go through `Tool School' in Ohio, as we did. I don't know how long it could take. It is going to depend on the availability of this gentleman getting into `Tool School'." Mrs. Vander Zee also mentioned having a difficult time finding storage for a vehicle of its size and the closest, available storage facility they could find was in Deland. Discussion. Chairperson Hugh Fisher inquired if Code Enforcement Staff had received complaints about the truck, to which Corporal Flannigan confirmed that they had received complaints. Board Member Maurice Kaprow expressed his concern for the small business owner, that it might take some time for them to "dispose of the assets", and felt more time should be afforded to the Respondents. Tape 1/Side B Board Member Criswell agreed and offered to provide Staff with information about a location the Respondents could possibly utilize for storing the work truck. In turn, Corporal Flannigan posed, "If that vehicle is only going to start being there on Sundays, it won't be back to this Board. It is forty eight (48) hours every ten (10) days. So, then that would address the issue." "I WOULD MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL JULY 1sT, 2015 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF FIFTY DOLLARS ($50.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER POE. DISCUSSION. CODE ENFORCEMENT BOARD MEMBERS MENTIONED WANTING TO WORK WITH THE RESPONDENTS TO RECTIFY THE ISSUE. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD �a�+� REGULAR MEETING—APRIL 28,2015 Ngr1 PAGE 12 OF 18 r� VOTE: BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE wetal BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: NAY BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS—NEW CASES 506. Code Enforcement Division—Police Department CASE #2015CE000458 Harbans Kaur And Khalsa Navtej 125 Cory Lane Winter Springs, Florida 32708 Sec. 13-2 (b)Junk And Debris IPMC 304.6 Exterior Walls. IPMC 304.7 Roofs And Drainage. IPMC 304.13 Windows, Skylight,And Door Frames. IPMC 304.15 Doors. IPMC 305.3 Interior Surfaces. IPMC 504.1 General. (Plumbing Fixtures) Date Of Service: April 1, 2015 Inspector: Terri Guerra This Case was not heard. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 28,2015 r PAGE 13 OF 18 PUBLIC HEARINGS-NEW CASES 507. Code Enforcement Division—Police Department CASE #2015CE000461 Pyxis Group LLC 124 Cory Lane Winter Springs,Florida 32708 � + Sec. 13-2. (b)Junk And Debris Sec. 13-2. (c) Overgrowth IPMC 304.13 Window, Skylight,And Door Frames. IPMC 304.14 Insect Screens. IPMC 604.3 Electrical System Hazards. IPMC 704.1 General. (Fire Extinguishers) Date Of Service: April 2,2015 Inspector: Terri Guerra This Case was not presented. PUBLIC HEARINGS-NEW CASES 508. Code Enforcement Division—Police Department CASE # 2015CE000460 Kaur Harbans And Khalsa Navtej 127 Cory Lane Winter Springs, Florida 32708 IPMC 305.3 Interior Surfaces. IPMC 504.1 General. (Plumbing Fixtures) IPMC 704.1 General. (Fire Extinguishers) Date Of Service: April 2, 2015 Inspector: Terri Guerra This Case was not heard. CITY OF WINTER SPRINGS,FLORIDA MINUTES g=a CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 28,2015 s-7 PAGE 14 OF 18 PUBLIC HEARINGS AGENDA— NON—COMPLIANCE CASES PUBLIC HEARINGS-NON-COMPLIANCE CASES 600. Code Enforcement Division—Police Department iwiet CASE #2014CE002245 Angelo Sanchez And Raquel Tavares 221 North 3rd Street Winter Springs,Florida 32708 IPMC 108.1.1 Unsafe Structures. Original Hearing Date: January 27,2015 Date Of Service: March 30,2015 Inspector: Captain Chris Deisler To begin his presentation, Captain Deisler reminded the Code Enforcement Board Members that this Violation involved, "A carport structure on the property that is run down and poses an unsafe condition for anyone occupying the property." Captain Deisler also mentioned that the Building Inspector, Mr. Jay Abel, had given testimony at the last Hearing regarding this property. Also related to the last Hearing, Captain Deisler testified, "Mr. Sanchez appeared and was given until February 2015 to secure Permits and begin work on or remove said structure. Neither has happened. A Notice of Non-Compliance Hearing was prepared. If you will recall, that Notice outlines specifically the sections of the Ordinance that govern hazards and it was very specific with regard to his actions were to be with regard to fixing and/or removing that structure. It was mailed Certified to him on March 27th of this year. The Notice was also Posted at City Hall, the Violation location, and 100 Lisa Loop (Winter Springs) which is Mr. Sanchez's primary residence. The Notice was Unclaimed. I have had no contact with him since the Code (Enforcement) Board Order was issued. No work has been done. No permits are active as of yesterday. The photos in this presentation still accurately reflect the current condition." Photographs were shown from"WS-1"with further comments. Captain Deisler stated, "I am recommending the (Code Enforcement) Board find the property in Non-Compliance and authorize the City to take steps to remedy this hazard through demolition. Costs of said service shall be entered against the owner as a Lien if they go unpaid. Of course, we will offer him the opportunity to pay those costs up front or at completion of the work. I intend to use, if so granted, City resources to get the job done and our waste hauling Contractor will provide the dumpsters for that service as well." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 28,2015 PAGE 15 OF 18 Continuing, Captain Deisler submitted into Evidence and stated, "`WS-1' is my presentation; `WS-2', is the proof of mailing for the Non-Compliance Hearing today; `WS-3', is the proof of delivery of the Non-Compliance Hearing (Notice); `WS-4', is the return Notice of Non-Compliance Hearing; `WS-5' is the Affidavit of Posting for the ,� Non-Compliance Hearing." In further explaining the Violation, Captain Deisler added, "Even though the deadline was February that if we were to bring it now, it clearly would show the City's good faith in trying to get him to move. That hasn't happened." Much discussion ensued on the timeframe for demolition of the structure, liability, possible costs involved, and that due process had been afforded to the Respondent. 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 BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. SENIOR ATTORNEY KIM KOPP CLARIFIED, "BASICALLY YOUR ORDER WILL AUTHORIZE STAFF TO PERFORM THE WORK NECESSARY TO SECURE THE PROPERTY OR RENDER IT SAFE?" BOARD MEMBER CRISWELL REPLIED, "CORRECT." VOTE: BOARD MEMBER POE: AYE 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—APRIL 28,2015 ravir PAGE 16 OF 18 PUBLIC HEARINGS—NON-COMPLIANCE CASES 601. Code Enforcement Division—Police Department CASE #2015CE000607 C Casemel arlton And Christina Kingdom aseti 104 Burgos Road Winter Springs,Florida 32708 Sec. 13-2. (b)Junk And Debris Original Hearing Date: September 18,2012 Date Of Service: March 30,2015 Inspector: Corporal Jim Flannigan Before giving testimony for this Case, Corporal Flannigan submitted into Evidence, "`WS-1', which is the presentation itself; `WS-2' is the Return Envelope of the Code (Enforcement) Board Order; `WS-3' is the Notice of Code Violation, Return Receipt that's signed; `WS-4' is the Affidavit of Posting of the Code (Enforcement) Board Hearing at the property and City Hall; and `WS-5' is the Return Receipt of the Code (Enforcement) Board (Hearing)." Next, Corporal Flannigan testified, "Original Hearing was held on September 18, 2012. The Code (Enforcement) Board found Carlton and Christina Kingdom in Violation of City Ordinance 13-2. (b) Junk and Debris. The Order was given — the owners until October 12, 2012 to correct the Violation or a Fine of a hundred dollars a day ($100.00). This Notice apparently was returned `Unclaimed'. Notice of Violation, when I observed it again, was mailed on March 9th, 2015 after I observed more junk and debris on the property. It was signed for by Christina Kingdom on March 12th, 2015. Notice of Code Board was mailed on March 26th, 2015 and signed for by again Christina Kingdom. This Notice was also Posted at City Hall and the property on March 30th, 2015." Photographs were shown from "WS-1" with further comments. In addition, Corporal Flannigan stated, "I did go by there today and there were more appliances out in the driveway. In regards to this Case, I am recommending the Order of the (Code Enforcement) Board be filed as a Lien for Fines starting March 12th, 2015." Board Member Criswell asked, "From October 12th, (2012) until just recently, March 12th (2015), the area has been somewhat clean?" Corporal Flannigan responded, "Yes." Board Member Carole Giltz further inquired, "So after the Violation of 2012, at one point the property was cleaned up?" Corporal Flannigan answered, "Yes. It was cleaned up and there was no Violation. There were miscellaneous items throughout the years that didn't warrant any action. It was just over the last couple of months more and more debris has been showing up on the property. That is why we are here today." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 28,2015 PAGE 17 OF 18 r Mr. Carlton Kingdom, 104 Burgos Road, Winter Springs, Florida: testified, "I run a small recycling business. September was real bad. I cleaned it up from time to time and there have been times where I have to unload the truck to go make other pickups. I am correcting the problem now. I don't have any excuse for it. At times there was stuff left there, but only left there for a small amount of time." Discussion ensued on the Respondent using his property as storage for short periods of time to process the materials. Board Member Kaprow asked if he had a Business Tax Receipt to operate the recycling business. Mr. Kingdom replied, "I was registered with an Occupational License back in 2012. It has lapsed and I'm in the process of getting it re-going." Chairperson Fisher noted that the property is in a neighborhood and certain standards must be maintained. Next, Board Member Criswell inquired how difficult it would be for Mr. Kingdom to pay the Fines. Mr. Kingdom replied, "At the moment it would be very difficult. I'm only doing it part-time now and I am attending school at Southern Technical College. So, I'm on a part-time income." More discussion ensued on Fines and possible Orders of the Code Enforcement Board. Board Member Kaprow asked, "How long will it take you to remove those appliances and bring that property into Compliance?" Mr. Kingdom responded, "About an hour." In turn, Vice-Chairperson Roero noted he did not want to see the Violation reoccur and hoped Mr. Kingdom would keep the property in compliance. Discussion. "I AM GOING TO MAKE A MOTION THAT WE FIND THE PROPERTY IN NON-COMPLIANCE AND ESTABLISH A PENALTY OF A ONE-TIME FINE OF ONE HUNDRED DOLLARS ($100.00)." MOTION BY CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER GILTZ. BOARD MEMBER CRISWELL SUGGESTED A ONE-TIME FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00). BOARD MEMBER GILTZ SAID SHE WAS COMFORTABLE WITH A ONE HUNDRED DOLLAR FINE ($100.00), AS DID BOARD MEMBER KAPROW, BUT ADDED HE WISHED TO SEE THE PROPERTY CLEANED THE FOLLOWING DAY. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—APRIL 28,2015 _—� PAGE 18 OF 18 Iii CHAIRPERSON FISHER ADDED, "THEN I WILL MODIFY THE MOTION TO SAY I MOVE TO FIND THE PROPERTY IN NON-COMPLIANCE AND SET A ONE-TIME ONLY PENALTY OF ONE HUNDRED DOLLARS ($100.00) AND REQUEST THAT THE PROPERTY BE IN COMPLIANCE BY FIVE O'CLOCK Kett TOMORROW (5:00 P.M.)." MOTION BY CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER POE. 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 BOARD MEMBER POE: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 700. Not Used ADJOURNMENT Chairperson Fisher adjourned the Regular Meeting at 6:52 p.m. RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were Approved at the ,2015 Code Enforcement Board Regular Meeting.