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HomeMy WebLinkAbout2015 05 26 Code Enforcement Board Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MAY 26, 2015 CALL TO ORDER The Regular Meeting of Tuesday, May 26, 2015 of the Code Enforcement Board was called to Order by Vice - Chairperson Gregg Roero 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, absent [Excused] Vice - Chairperson Gregg Roero, present Board Member Laurie Bates Calhoun, absent [Excused] 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 Vice - Chairperson Roero noted that Chairperson Hugh Fisher and Board Member Laurie Bates Calhoun's absences would be "Excused ". A moment of silence was held for the United States Military, Police Officers, and Chairperson Fisher. The Pledge of Allegiance followed. In regards to Agenda Changes, Assistant to the City Clerk Sean Beaudet stated that PUBLIC HEARINGS — NEW CASES "501" would not be presented. 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 REGULAR MEETING - MAY 26, 2015 PAGE 2 OF 16 CONSENT AGENDA CONSENT 200. Office of the City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Review And Approve The April 28, 2015 Code Enforcement Board Regular Meeting Minutes. RELATED TO THE APRIL 28, 2015 CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES, "I MAKE A MOTION TO APPROVE THEM AS WRITTEN." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE MOTION CARRIED. CONSENT 201. Office of the City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Review And Approve The April 28, 2015 Code Enforcement Board Workshop Minutes. "MOTION TO APPROVE (THE APRIL 28, 2015 WORKSHOP MINUTES)." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE VICE - CHAIRPERSON ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 300. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 26, 2015 PAGE 3 OF 16 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 # 2015CE000877 Kellie Beese 703 Sailfish Road Winter Springs, Florida 32708 Sec. 20 -434. (6) Authorized Commercial Vehicles In Residential Areas. Date Of Service: May 5, 2015 Inspector: Corporal Jim Flannigan Corporal Jim Flannigan, Code Enforcement Division, Police Department presented the Case and submitted into Evidence, "'WS-l' which is the presentation for this evening; 'WS-2' is the Return Envelope for Notice of Code Violation, 'WS-3' is the Affidavit of Posting for Notice of Code Violation at the property, 'WS-4' is the Returned Envelope of Code Board, and 'WS-5' is the Affidavit of Posting of Code Board Hearing at the property and at City Hall." Continuing, Corporal Flannigan testified, "On March 31St, 2015 I observed a vehicle that is oversized for the requirements of the City Code in a residential area. This vehicle had previously received a written warning, but the vehicle was removed and the Case was closed in the past. Notice of Code Violation was mailed on April 1St, 2015 to Kellie Beese, the property owner. This Notice was returned as `Moved — Left No Forwarding Address'. Violation was also Posted at the property. Notice of Code Board was mailed on May 5th, 2015. This Notice was Posted at the property on property and City Hall on May 5th, 2015 as well. I did receive a phone call about the vehicle during the prior Case and was told the vehicle is not a commercial vehicle and was used as a tour bus for a band that they were part of. When I went to Post the property with the Code Board Notice, I made contact with the resident, who advised me that the reason the vehicle was gone is because the band was on tour in Texas. That is why the vehicle was not on the property. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 26, 2015 PAGE 4 OF 16 This vehicle has been placed in the side yard behind the fence. It is still in Violation of City Code. The vehicle is registered to a `Comp Records LLC' with an address in Tampa. The listed weight of the vehicle is listed at 12,580 pounds, which exceeds the 10,000 pound limit and the eight feet (8') in height." Photographs were shown from "WS -1" with further comments. Concluding his presentation, Corporal Flannigan stated, "I am recommending the owner be given until June 5t', 2015 to remove the vehicle. If found in Non - Compliance, a Fine of a hundred dollars ($100.00) be imposed." Note: The Respondent was not present. Vice - Chairperson Roero inquired if the fence was taller, could the vehicle be stored on the property. Corporal Flannigan replied that it could not and the bus exceeded both the height and weight limit permitted by the City Code. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL THE 5TH OF JUNE, (2015) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. BOARD MEMBER KAPROW INQUIRED IF THE OWNER OF THE PROPERTY ALSO OWNED THE TOUR BUS. CORPORAL FLANNIGAN REPLIED THAT THEY WERE DIFFERENT OWNERS, BUT THE OWNER OF THE PROPERTY WAS A MEMBER OF THE MUSICAL GROUP. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — MAY 26, 2015 PAGE 5 OF 16 PUBLIC HEARINGS — NEW CASES 501. Code Enforcement Division — Police Department CASE # 2015CE000566 Claudio Alvarez And Carmen Emenegildo 219 Buttonwood Avenue Winter Springs, Florida 32708 Sec. 13 -2. (c) Unsanitary /Overgrown Date Of Service: May 11, 2015 Inspector: Terri Guerra No Hearing was held on this Case. PUBLIC HEARINGS — NEW CASES 502. Code Enforcement Division — Police Department CASE # 2015CE000656 William Fox 1034 Forest Circle Winter Springs, Florida 32708 Sec. 13 -2. (e) Stagnant Pool Sec. 6 -195. Maintenance Of Fences Or Walls. IPMC 303.2 Enclosures. Date Of Service: May 11, 2015 InsDector: Terri Guerra Inspector Terri Guerra, Code Enforcement Division, Police Department presented the Case and testified, "On March 1St, 2015 I received a complaint — the fence had fallen there and the pool was stagnant at the location — I could see that several panels had fallen and that the pool was stagnant. Also, there is a screen enclosure with almost all the screens missing. The grass was all over grown. It was going up over the screen enclosure. I went around to the front of the residence and there were several slats missing in the fence. There was a hole near the doorbell. The overhang extensions were completely exposed and several screens were damaged. There is also an infestation of wasp nests around the front of the residence. Notice of Code Violation was mailed on March 10th, 2015. The Notice was returned Unclaimed. The Notice was Posted at the property on April 2nd, 2015. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 26, 2015 PAGE 6 OF 16 On April 21 st, 2015 the grass in the backyard was cut. On April 2nd, 2015 the City corrected the fence issue that was creating a serious threat to safety. The cost was a hundred and sixty dollars ($160.00), which was paid for on April 6th, (2015) by the property owner. On April 22nd, 2015 the overhangs were covered and the vent coverings were corrected. Notice of the Hearing was mailed on April 29th, 2015. This Notice was signed for by William Fox on May 6th, 2015. The Notice was also Posted at the property and at City Hall on May 11th, 2015. On May 22nd, 2015 I spoke with Mr. Fox. He advised that all the Violations had been corrected, except for the pool, which he was still working on at this time. Photographs were shown from "WS -1" with further comments. Inspector Guerra further mentioned most of the Violations had been corrected, that she would like to give the Respondent more time to finish the repairs, the only remaining Violation was the pool enclosure, and many of the lower screen panels had been replaced except for the higher screen panels. Further discussion. 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 JULY 26TH, (2015) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED FIFTY DOLLARS ($150.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER POE. DISCUSSION ENSUED ON THE ONLY VIOLATION THAT WOULD BE CITED IN THE CODE ENFORCEMENT BOARD ORDER, WHICH WOULD BE THE POOL ENCLOSURE SCREENS. VOTE: BOARD MEMBER POE: AYE VICE - CHAIRPERSON ROERO: 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 - MAY 26, 2015 PAGE 7 OF 16 PUBLIC HEARINGS - NEW CASES 503. Code Enforcement Division — Police Department CASE # 2015CE000765 US Bank Trustee 579 Walden Court Winter Springs, Florida 32708 Sec. 13 -2. (b) Junk And Debris Sec. 13 -2. (e) Stagnant Pool Date Of Service: May 12, 2015 Insuector: Terri Guerra The testimony on this Case was provided by Inspector Guerra who stated, "On March 23rd, 2015 Officer Phillip Burks observed trash and debris scattered on the ground around the outside of the garage, full plastic garbage bags stacked next to the front door of the residence, and the front lawn overgrown with weeds. A neighbor allowed Officer Burks to enter the backyard and he could see through the fence that the pool was dark green in color and the pump was not running. On April 20 , 2015 there was a Notice on the front door that indicated the property was banked owned. Checking the Property Appraiser, the ownership had changed. A Notice of Violation was mailed to the bank and an email was sent to the Realtor. Notice of Violation was mailed to U.S. Bank on April 24th, 2015. The Notice was signed for — on April 30th, 2015. Notice of Hearing was mailed on May 12th, 2015. According to the U.S.P.S. (United States Postal Service) website on May 15th, 2015, the letter was available for pickup. This Notice was also Posted at the property and City Hall. As of May 23rd, 2015 all Violations have been corrected except for the stagnant pool." Photographs were shown from "WS -1" with further comments. Concluding the testimony, Inspector Guerra recommended that "The owner be given until June 26th, 2015. If found in Non - Compliance, a Fine of a hundred and fifty dollars ($150.00) a day be imposed." Board Member Matthew Criswell asked, "All he has to do is fill it with water and clean it ?" Inspector Guerra nodded affirmatively. Board Member Bill Poe sought clarification on the overgrown weeds in the yard. Inspector Christi Flannigan, Code Enforcement Division, Police Department noted, "As far as the overgrowth is concerned, we have authorization to address it through Code Enforcement means." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — MAY 26, 2015 PAGE 8 OF 16 Next, Vice - Chairperson Roero inquired, "Is the stagnant pool a hazard to anybody? Is it fenced in ?" Officer Burks responded, "The pool is inside a screened enclosure and it does have a door that closes. It can be opened if they were to gain access to the backyard, then they could get inside." Further, Vice - Chairperson Roero asked if there was a fence around the backyard. Officer Burks answered by saying, "The fence and gate were all intact. When I went back out on the 23rd, I noticed that the fence gate is now fallen down and that is a separate issue that we are working to address. At the moment, the back yard is accessible to anyone and the door to the screen enclosure is unlocked." Board Member Maurice Kaprow asked if the height of the door handle was low enough for children to reach. Officer Burke confirmed the door handle was at standard height and could be reached by children. Discussion ensued on the stagnant pool being a public safety issue and such Violations usually warrant a fine of two hundred fifty dollars ($250.00) per day. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL JUNE 26TH, 2015 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED. FURTHER, THE VIOLATION CONSTITUTES 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." MOTION BY VICE - CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER GILTZ. Tape 1/ Side B BRIEF DISCUSSION FOLLOWED ON WHETHER TO SHORTEN THE TIMEFRAME TO CORRECT THE VIOLATION, THE AMOUNT OF TIME IT TAKES FOR RESPONDENTS TO RECEIVE A NOTICE, AND THAT CODE ENFORCEMENT STAFF HAS AUTHORIZATION TO IMMEDIATELY SECURE THE FENCE TO PREVENT ACCESS TO THE POOL BY DEEMING IT A PUBLIC SAFETY ISSUE. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 26, 2015 PAGE 9 OF 16 VOTE: VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 504. Code Enforcement Division — Police Department CASE # 2014CE002798 Louis Garcia 201 North Devon Avenue Winter Springs, Florida 32708 Sec. 13 -2. (b) Junk And Debris Date Of Service: May 12, 2015 Inspector: Terri Guerra The Case began with Inspector Guerra testifying, "On October 16th, 2014 a pile of debris and junk was seen against the rear of the house. During the follow up inspection on May 18th, 2015 there was now junk also piled in the front yard of the property. Notice of the Violation was mailed on November 12th, 2014 to Louis Garcia. The Notice was returned Unclaimed. A Notice of Violation was mailed on April 24th, 2015 to Louis Garcia. The Notice was Posted at the property on April 24th, 2015. According to the U.S. P.S. (United States Postal Service) website, there was a Notice left on May 1St, 2015. There has been no contact from the owners. Notice of the Hearing was mailed on May 12th, 2015. This Notice, according to U.S.P.S. (United States Postal Service) website was delivered on May 16th, 2015. This Notice was also Posted at the property and City Hall on May 12th, 2015." Photographs were shown from "WS -1" with further comments. Lastly, Inspector Guerra recommended the owners be given until June 23`d, 2015 to correct the Violation and if found in Non - Compliance a Fine of one hundred fifty dollars ($150.00) a day be imposed. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 26, 2015 PAGE 10 OF 16 "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER RESPONDENT BE GIVEN UNTIL JUNE 23RD, 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 POE. DISCUSSION. VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE VICE - CHAIRPERSON ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS - NON - COMPLIANCE CASES 600. Code Enforcement Division — Police Department CASE # 2015CE001036 Ronald Lesage And Corey Folan 31 North Cortez Avenue Winter Springs, Florida 32708 Sec. 13 -2. (b) Junk And Debris Original Hearing: March 26, 2013 Date Of Service: April 21, 2015 Inspector: Corporal Jim Flannigan Corporal Flannigan presented the Case and submitted into Evidence, "'WS-1, which is the presentation for this evening, 'WS-2' is the Code-Board Order that was received on March 26th, 2013, 'WS-3' is the Code Board Notice that was sent and signed for on October 28th, 2014, 'WS-4' is the Affidavit of Non - Compliance, 'WS-5' is the Notice of Posting of Code Board for the Non - Compliance, and 'WS-6' is the United States Postal Service, Code Board Notice delivery. On April 15th, 2015, I observed junk and debris being stored on the side of the house again. On March 26th, 2013 Hearing, the Code Board issued a Finding of Fact, due to the Violations being corrected at the time of the Hearing. This Notice was signed for by G. Coutant on April 24th, 2013. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 26, 2015 PAGE I I OF 16 On a Hearing of October 28th, 2014 — this Code Board issued a Fine of two hundred and fifty dollars ($250.00) for Non - Compliance with the original Order. Violation was corrected at the time of the Hearing, but not within the timeframe given. This Notice was signed for by Stephanie Sheffield on November 4th, 2014. Mr. Lesage was present at the Code Board Hearing in October. Notice of Violation was issued based on previous Code Board Orders. This Case is set for Non - Compliance with two (2) previous Orders. There has been no contact this time from the owner. However, he is here this evening. Notice of Hearing was mailed on April 21St, 2015. This Notice shows on the United States Postal Service website that it had been delivered on April 24th, 2015." Photographs were shown from "WS -1" and Corporal Flannigan recommended the Code Enforcement Board Order be entered as a Lien. Mr. Ronald Lesage, 31 North Cortez Avenue, Winter Springs, Florida: addressed the Code Enforcement Board and stated, "The stuff on the side of the house — I did take on a project recently of cleaning out my back shed, so I have to take that fence down on that side of the house to get to there. Some of that stuff was pulled out — the wood that was stacked against the side of the house. When I got to the bottom of my shed, I found out the floor was rotted out. So, I have about ten (10) sheets of plywood there. I thought I could clear out my shed, put everything back in the same day. I couldn't because of the floor. I worked on it after work. I work six (6) days a week and do bids on the seventh. So, I have a limited time to work on it. The junk and debris — it was a pressure cleaner, the brand new wood to fix the backyard, there were some kids' toys, but I don't think they are in any Violation. My house has not looked like that since I've been here. It's been eight (8) months and I kept it real good and I'm sure he'll say the same. There are some times you come home and unload and you have a few things sitting out. But, it's never sat there for long." Further comments were made by Mr. Lesage on the various tools used for different jobs, that the property is cleaned up every time he receives a Notice of Violation, that he was not currently living at the home, and that his son is the one leaving the yard in disarray. Next, Board Member Criswell said, "You have already been found guilty and you have to keep it clean. It doesn't matter if it is one (1) day or one (1) hour." Discussion. Mr. Lesage mentioned his son again and added, "It is my problem, no matter if I'm living there or not." Board Member Criswell mentioned the Code Enforcement Board had already reduced the Fine at the last meeting after hearing Mr. Lesage's testimony. In turn, Mr. Lesage mentioned he would not be able to pay a large Fine and he is trying to raise two (2) children. Vice - Chairperson Roero also noted that the property needed to be maintained at all times. It was also pointed out that the son of Mr. Lesage is nineteen (19) years old and is an adult. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — MAY 26, 2015 PAGE 12 OF 16 Tape 11 Side B Much discussion followed. In referencing the previous Order of the Code Enforcement Board, Senior Attorney Kim Kopp mentioned that Mr. Lesage was to have paid a one -time Fine in the amount of two hundred fifty dollars ($250.00). Any future recurrences of the same Violation could result in a daily Fine in the amount of five hundred dollars ($500.00). Senior Attorney Kopp also noted that the Code Enforcement Board could find the Respondent in Violation and give additional time to correct the Violation or they could find the Respondent in Violation and declare a daily Fine, up to five hundred dollars ($500.00) a day. Board Member Kaprow said, "I think ultimately we need to find him in Violation and we need to impose a Fine. We can impose the Fine starting tomorrow. We don't have to impose the Fine starting tonight." Vice - Chairperson Roero and Board Member Carole Giltz both added, "Maybe give him a couple days." Senior Attorney Kopp clarified, "The Law requires a reasonable time." In turn, Board Member Kaprow offered, "So, we give him two (2) days, three (3) days to clean it up." Vice - Chairperson Roero asked, "Does that seem fair to you ?" Mr. Lesage replied, "More than fair." Further comments. "I WOULD MOVE TO FIND THE DEFENDANT IN VIOLATION OF THE CITY CODE AND ORDER RESPONDENT BE GIVEN UNTIL — FRIDAY (MAY 29TH, 2015) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS A DATE, A FINE IN THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. VICE - CHAIRPERSON ROERO ADDRESSED MR. LESAGE BY STATING, "DO YOU UNDERSTAND WHAT JUST HAPPENED?" MR. LESAGE REPLIED, "I DID. YOU GUYS GAVE ME TIME WHEN YOU DIDN'T HAVE TO AND THAT I WAS ALREADY ON RECORD AND IT'S MY THIRD TIME." DISCUSSION ENSUED ON OBTAINING PERMITS FOR PROJECTS VALUED AT OVER ONE HUNDRED DOLLARS ($100.00) AND THAT MR. LESAGE HAS A BUSINESS TAX RECEIPT WITH THE CITY. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 26, 2015 PAGE 13 OF 16 VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS- NON - COMPLIANCE CASES 601. Code Enforcement Division — Police Department CASE # 2014CE002896 Jeff Cordes 930 Oak Forest Drive Winter Springs, Florida 32708 IPMC 303.1 Swimming Pools. IPMC 304.14 Insect Screens. Sec. 6 -195. Maintenance Of Fences Or Walls. Original Hearing: February 24, 2015 Date Of Service: May 11, 2015 Inspector: Terri Guerra Inspector Guerra presented the Case and submitted into Evidence, 111WS -1', the presentation, 'WS-2' is the U.S.P.S. (United States Postal Service) Code Board Order, 'WS-3' the Code Board Order, 'WS-4', Notice of Code Board Affidavit, and 'WS-5', Return Receipt for Code Board." Next, Inspector Guerra testified that "An inspection of the property was performed on May 12t`, 2015. Violation still exists. Notice of Non - Compliance Hearing was mailed on May 11 `'', 2015 and Posted at the property and City Hall on May 12t', 2015. Certified Notice — was delivered on May 18th, 2015 and signed for by `Joanna Cordes'. There has been no contact with the owners." Photographs were shown from "WS -1" and Inspector Guerra recommended the original Order of the Code Enforcement Board be entered as a Lien. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 26, 2015 PAGE 14 OF 16 "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 GILTZ. SECONDED BY BOARD MEMBER KAPROW. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS- NON - COMPLIANCE CASES 602. Code Enforcement Division — Police Department CASE # 2014CE003387 Robert And Penny Jennings 913 Gazell Trail Winter Springs, Florida 32708 Sec. 13 -2. (c) Unsanitary /Overgrowth Original Hearing: March 24, 2015 Date Of Service: May 11, 2015 Inspector: Terri Guerra Before presenting the Case, Inspector Guerra submitted into Evidence, "'WS-l', a presentation, 'WS-2', the Code Board Order, 'WS-3', the United States Post Office Code Board Order Return Receipt, 'WS-4', Return Receipt of Non - Compliance Hearing; and 'WS-5', Affidavit of Posting for Code Board." Next, Inspector Guerra testified, "Re- inspection was performed and the Violations have not been corrected. There has been no contact from the owner of the property. Notice of Non - Compliance Hearing was Certified Mailed to the owner and signed for by Penny Jennings. This Notice was Posted at the property and City Hall on May 12th, 2015." Photographs were shown from "WS -1" and Inspector Guerra recommended the original Order of the Code Enforcement Board be entered as a Lien. Board Member Criswell asked if there was a swimming pool on the property. Inspector Guerra replied, "I have been told there is a pool, but I can't see it — I'm going to have to try and get with some neighbors." Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 26, 2015 PAGE 15 OF 16 "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 POE. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. VOTE: BOARD MEMBER POE: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 700. Not Used In other City business, Inspector Christi Flannigan, Code Enforcement Division, Police Department mentioned Code Enforcement Staff would be attending Florida Association of Code Enforcement training around the time of the June Code Enforcement Board Regular Meeting and would not have Cases to present. "I WOULD MOVE TO PUSH EVERYTHING TO THE JULY MEETING." MOTION BY BOARD MEMBER CRISWELL. VICE - CHAIRPERSON ROERO NOTED, "TO CANCEL [THE CODE ENFORCEMENT BOARD MEETING] NEXT MONTH AND PUSH IT TO JULY?" BOARD MEMBER CRISWELL STATED, "YES." SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE MOTION CARRIED. Board Member Giltz requested a copy of the contact list for the Code Enforcement Board. Assistant to the City Clerk Beaudet offered to send the contact list to all of the Code Enforcement Board Members and reminded them about the Sunshine Law. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — MAY 26, 2015 PAGE 16 OF 16 Lastly, Vice - Chairperson Roero asked about the status of a couple of properties. Brief discussion. ADJOURNMENT Vice - Chairperson Roero adjourned the Regular Meeting at 6:45 p.m. RESPECTFULLY SUBMITTED: BE DET ASS' ST TO THE CITY CLERK NOTE: These Minutes were Approved at the July 28, 2015 Code Enforcement Board Regular Meeting.