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HomeMy WebLinkAbout2015 09 22 Consent 200 Unapproved Minutes from the August 25, 2015 Regular MeetingRoll Call: Chairperson Gregg Roero, present Vice - Chairperson 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 Antonia Della Donna, present A moment of silence was held for the United States Military and Police. The Pledge of Allegiance followed. Assistant to the City Clerk Antonia Della Donna swore in those who would be providing Testimony during tonight's Meeting. 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 July 28, 2015 Code Enforcement Board Regular Meeting Minutes. "I WOULD MOTION THEM TO STAND AS THEY'RE WRITTEN." MOTION BY VICE - CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 300. Not Used PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 400. Not Used Captain Chris Deisler, Code Enforcement Division, Police Department, indicated that PUBLIC HEARINGS — NEW CASES "502" would not be presented due to Compliance. Additionally, Captain Deisler introduced Captain Matthew Tracht, Operations Bureau, Police Department, and commended Captain Tracht on his recent promotion. Lastly, Captain Deisler commented on Ordinance 2015 -17 which proposes a Special Magistrate in lieu of a Code Enforcement Board. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 500. Code Enforcement Division — Police Department CASE # 2015CE001604 Professional Offices, LLC 243 Winding Hollow Boulevard Winter Springs, Florida 32708 City Ord. 13 -2. (b) (c) Junk And Debris /Overgrown Lot Date Of Service: August 4, 2015 Inspector: Captain Chris Deisler This Case was not heard. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 25, 2015 PAGE 2 OF 1 I VOTE: BOARD MEMBER POE: AYE VICE- CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON ROERO: 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 Captain Chris Deisler, Code Enforcement Division, Police Department, indicated that PUBLIC HEARINGS — NEW CASES "502" would not be presented due to Compliance. Additionally, Captain Deisler introduced Captain Matthew Tracht, Operations Bureau, Police Department, and commended Captain Tracht on his recent promotion. Lastly, Captain Deisler commented on Ordinance 2015 -17 which proposes a Special Magistrate in lieu of a Code Enforcement Board. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 500. Code Enforcement Division — Police Department CASE # 2015CE001604 Professional Offices, LLC 243 Winding Hollow Boulevard Winter Springs, Florida 32708 City Ord. 13 -2. (b) (c) Junk And Debris /Overgrown Lot Date Of Service: August 4, 2015 Inspector: Captain Chris Deisler This Case was not heard. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 25, 2015 PAGE 3 OF 11 PUBLIC HEARINGS -NEW CASES 501. Code Enforcement Division — Police Department CASE # 2015CE001657 Greg Nicosia 765 South Edgemon Avenue Winter Springs, Florida 32708 City Ord. 13 -2. (b) (c) Junk And Debris /Overgrown Lot City Ord. 6 -195. — Maintenance Of Fences Or Walls. Date Of Service: July 31, 20155 Inspector: Captain Chris Deisler Before giving testimony for this Case, Captain Deisler submitted into Evidence, "`WS -1' which is this PowerPoint presentation, 'WS-2' which you have before you is the proof of mailing for my Notice of Code — Violation letter, 'WS-3' is the Affidavit of posting for the Notice of Code Violation letter, 'WS-4' is the Affidavit of posting for tonight's Code Board Meeting, and 'WS-5' serves as the proof of mailing for this Code Board Meeting." Continuing, Captain Deisler stated, "During a routine patrol through the neighborhood, this house frequently comes on the radar because it's vacant. In this particular Case, the grass was overgrown; it's not tended to on a regular basis. Further inspection from the roadway — as you'll in a photograph shortly — there is a wooden fence that surrounds one half of the yard that I can see. That fence is in complete disrepair. There is junk and debris littering the entire lot near the house. The Notice of Code Violation was mailed Certified on June 19th of this year. That Notice was returned Unclaimed. The Notice of Code Violation was posted at the property and City Hall on June 19th, as well. The Notice of the Code Board Hearing was mailed Certified on July 24th, 2015 — it, too, was Unclaimed. This Notice of Code Board Hearing was also posted at the property and City Hall on July 31st of this year. We've had no contact from this owner and I don't anticipate any. It's in a state of pending foreclosure — I really don't even know where he's at. And the conditions that you'll see in the photographs are present even to today about this afternoon when I went by and looked at it." Photographs were shown from "WS -I " with further comments. Captain Deisler concluded, "With regard to this Case, I am recommending the owners be given until September 25th of this year and if found in Non - Compliance a Fine of two hundred fifty dollars ($250.00) a day be imposed." i� s„ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 25, 2015 PAGE 4 OF 11 Vice - Chairperson Matthew Criswell inquired if there was a garage door. Captain Deisler replied, "If you count that piece of wood, yes, Sir, that's what they put up." Additional comments. Captain Deisler noted that Code Enforcement Staff has been arranging to have the grass cut. Further discussion continued on if someone was living in the home, if there was a pool in the backyard, if there is a current offer to buy the property, and if there are prior Violations associated with the property. 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 SEPTEMBER 25TH [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." MOTION BY BOARD MEMBER POE. SECONDED BY VICE - CHAIRPERSON CRISWELL. BOARD MEMBER KAPROW ASKED, "DO WE NEED TO CUT THE GRASS ON THIS PROPERTY ?" VICE - CHAIRPERSON CRISWELL COMMENTED, "SOUNDS LIKE IT'S ALREADY BEING CUT, CORRECT ?" CAPTAIN DEISLER ANSWERED, "THAT'S SOMETHING WE'RE DOING ON A REGULAR BASIS, AS NEEDED, AND WE'RE LEVYING THOSE LIENS ACCORDINGLY." ADDITIONAL COMMENTS ON THE GRASS IN THE BACKYARD FOLLOWED. VOTE: CHAIRPERSON ROERO: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER POE: AYE VICE - CHAIRPERSON CRISWELL: AYE MOTION CARRIED. It was noted that PUBLIC HEARINGS — NEW CASES "500" would also not be heard. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 25, 2015 PAGE 5 OF 11 PUBLIC HEARINGS - NEW CASES 502. Code Enforcement Division — Police Department CASE # 2015CE001136 Floris G. Johnson 819 Seneca Meadows Road Winter Springs, Florida 32708 City Ord. 13 -2. (e) Stagnant Pool Date Of Service: July 26, 2015 Inspector: Corporal Jim Flannigan This Case was not heard. PUBLIC HEARINGS - NEW CASES 503. Code Enforcement Division — Police Department CASE # 2015CE001544 Ivonne And Obadich Rodriguez 230 North 3rd Street Winter Springs, Florida 32708 City Ord. 6 -195. — Maintenance Of Fences Or Walls. Date Of Service: July 26, 2015 Inspector: Corporal Jim Flannigan Corporal Jim Flannigan, Code Enforcement Division, Police Department, presented the Case and submitted into Evidence, "`WS- 1'which is the PowerPoint, 'WS-2' is a copy of the Certified Receipt of NCV (Notice of Code Violation) signed on July 9th, 2015 by Ivonne Rodriguez, 'WS-3' is a copy of the Certified Receipt of delivery of Code Board Hearing signed on July 30th, 2015 also by Ivonne Rodriguez, 'WS-4' is Affidavit of Posting of Code Board — Notice at the property and City Hall posted on July 28th, 2015 ." Continuing, Corporal Flannigan stated, "On June 9th, 2015, I received a complaint that the fence was in disrepair. I observed the Violation from the parking lot of the [Winter Springs] Senior Center. I observed several broken slats on the fence. I posted a VCO (Violation of City Ordinance) written warning on the property to correct the Violation. On June 14th, 2015, I observed no work had been done to correct the Violation. A Notice of Code Violation was Certified Mailed and delivered on July 9th, 2015 signed for by Ivonne Rodriguez. On July 26th, 2015, I observed the fence was still in Violation. I then sent a Notice of Code Board by Certified Mail; it was delivered and signed for on July 28th, 2015 by Ivonne Rodriguez. On August 3rd, 2015, Officer [Phillip] Burks advised me he made contact with a resident and advised me that most of the fence was repaired and wanted me to check it. I checked and found some repairs were made but was still not in Compliance per the Code. As of today, the fence is still not completely repaired." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 25, 2015 PAGE 6 OF 1 I Photographs were shown from "WS -1" with further comments. Corporal Flannigan continued, "I recommend that the property owner be given until September 14th, 2015 to correct the Violation if not a Fine of a hundred dollars ($100.00) per day be imposed." Brief 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 SEPTEMBER 14TH, 2015 TO CORRECT THE — VIOLATION. IN THE EVENT 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. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE VICE - CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 504. Code Enforcement Division — Police Department CASE # 2015CE001199 Scott W. Roberts 311 South Edgemon Avenue Winter Springs, Florida 32708 City Ord. 13 -2. (a) Unsightly Matter City Ord. 13 -2. (b) Junk And Debris Date Of Service: July 26, 2015 Inspector: Corporal Jim Flannigan This Case began with Corporal Flannigan submitting into Evidence, "`WS- 1'would be the PowerPoint presentation, 'WS-2' is the copy of Certified Receipt of delivery of Notice of Code Violation signed on June l I'll, 2015 by Scott Roberts, 'WS-3' is a copy of the Certified Mailed letter returned Unclaimed, 'WS-4' is the Affidavit of Posting of Code Board Notice at the property and City posted on July 28t", 2015." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 25, 2015 PAGE 7 OF I I Corporal Flannigan continued, "On May 3rd, 2015, I observed several Violations at this location. These included overgrowth of trees and bushes, obstructing of sidewalk, fences falling, a disabled vehicle, outdoor storage of debris. A VCO (Violation of City Ordinance) warning was posted on the property listing the Violations. On May 31St, 2015, I checked the property and still observed Violations — not as many, but they were still there. I Certified Mailed a Notice of Code Violation which was signed for on June l lth, 2015 by Scott Roberts. On July 26tt1, I observed that the sidewalk was cleared and some repairs were made to the fence. There was still debris being stored outside in front and on the side of house. Notice of Code Board was Certified Mailed on July 28t", 2015 and — returned Unclaimed. On July 28th, 2015, I posted Notice of Code Board on this property and City Hall." Photographs were shown from "WS 4" with further comments. In conclusion, Corporal Flannigan stated, "Just recommending that the property owner be given until September 14th, 2015 to correct the Violation or a Fine of two hundred dollars ($200.00) per day be imposed." Further comments followed on the fence. Corporal Flannigan mentioned, "I've had no contact with Mr. Roberts at all." Discussion. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL SEPTEMBER 14TH [2015] TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DAY, A FINE IN THE AMOUNT OF TWO HUNDRED DOLLARS ($200.00) PER DAY FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER GILTZ: AYE VICE - CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 25, 2015 PAGE 8 OF 1 I PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS - NON - COMPLIANCE CASES 600. Code Enforcement Division — Police Department CASE # 2015CE000127 Karel And Alison Vander Zee 417 North Hawthorn Circle Winter Springs, Florida 32708 City Ord. 20 -434. (a) (6) Authorized Commercial Vehicles In Residential Areas. Date Of Service: July 26, 2015 Inspector: Corporal Jim Flannigan Before giving testimony for this Case, Corporal Flannigan submitted into Evidence, "'WS-l' is the PowerPoint presentation, 'WS-2' is the Affidavit of Posting Code Board Hearing at property and City Hall on July 2151, 2015, and 'WS-3' is a copy of the Certified Receipt of delivery of Code Board Hearing. The signature was unreadable; it was on July 24' , 2015." Corporal Flannigan testified, "Back in January 20th, 2015, I observed a Mac Tools Truck in the driveway. This Case was brought in front of the Code Board on April 28th, 2015. A guilty finding was made for the Violation of City Code. The Respondent was given until July 1", 2015 to correct the Violation, if not he'd be fined a hundred dollars ($100.00) per day would be imposed. From July l" until August 14t", the commercial vehicle was observed on the property in Violation of the Board Order. It is now removed as of today; it is no longer there, and as of last week. But until the [August] 10 it was still there." This case was brought to Code Board on April 28th, 2015. A guilty finding was made for Violation of City Code. The Respond was given until July l st, 2015 to correct the Violation or a Fine of $100 per day would be imposed. A photograph was shown from "WS -1" with further comments. Corporal Flannigan stated, "I am recommending the Fine be filed as a Lien for forty -five (45) days which would be forty -five hundred dollars ($4,500.00) be entered as a Lien." Vice - Chairperson Criswell and Board Member Maurice Kaprow commented on the Respondent's testimony at the Code Enforcement Board Public Hearing on Tuesday, April 28, 2015. Further discussion. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 25, 2015 PAGE 9 OF 11 "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE PENALTY SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY VICE - CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER GILTZ: AYE VICE- CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS- NON - COMPLIANCE CASES 601. Code Enforcement Division — Police Department CASE # 2014CE002798 Louis E. Garcia 201 North Devon Avenue Winter Springs, Florida 32708 City Ord. 13 -2. (b) Junk And Debris City Ord. 13 -2. (c) Overgrown Yard Date Of Service: August 13, 2015 Inspector: Terri Guerra Inspector Guerra presented the Case and submitted into Evidence, "'WS-l' the presentation and 'WS-2' is the proof of mailing." Continuing, Inspector Guerra testified, "On May 26th, 2015, there was an Order by the Board indicating City Violations 13 -2. (b) Junk and debris and 13 -2. (c) Overgrown yard. The owners were given until June 23rd, 2015 to correct the Violations. If not corrected a Fine of a hundred and fifty dollars ($150.00) a day would be imposed. As of August l co" 2015 Violations still persist. Some junk and debris has been cleaned up but property is still not in Compliance. The Notice of Code Board was sent Certified on August 10th, 2015. United States Post Office website indicates it was delivered on August 13th, 2015. Notices were posted at City Hall and the property on August 11th, 2015. There has been no contact from the owner until tonight." Photographs were shown from "WS -1" with further comments. Inspector Guerra stated, "In regards to this Case, I am recommending the original Order be imposed as a Lien.'- CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — AUGUST 25, 2015 PAGE 10 OF 11 Mr. Louis Garcia, 201 North Devon Avenue, Winter Springs, Florida: explained that he had a water leak on April 8, 2015, has not been living there since, did not receive any Notices, and has been working to clean the property for the past thirty (30) days. Much discussion ensued. Inspector Guerra stated, "The Notice of Code Violation was taped to his front door. I remember `cause there was a dog. Do you have a dog ?" Mr. Garcia stated, "She hasn't been there since April 8`h." Inspector Guerra continued, "Well, there was a dog there when I went up there. And I was like, `Oh, goodness' — it scared me. So I taped it to the front door. So you had to come back if your dog was there, correct ?" Mr. Garcia noted that his dog stays with him at all times. Further discussion. Senior Attorney Kim Kopp pointed out, "You're at a Non - Compliance Hearing not a Violation Hearing. So, you don't need to make any Findings of Fact. He's either in Compliance or not and if — determine he's not in Compliance then what should happen is that the Order that you previously issued be recorded as a Lien. And then, whether or not, he complies tomorrow that Lien is already going to be in effect. So, in order to reduce the Lien, there's another process for that." Note: The Respondent was present. "I WOULD MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THE PENALTY SET FORTH IN THE BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: VICE - CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER POE: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. Tape I /Side B Additional comments. Po wiron , M. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — AUGUST 25, 2015 PAGE 11 OF 11 REGULAR AGENDA REGULAR 700. Not Used ADJOURNMENT Chairperson Roero adjourned the Regular Meeting at 6:20 p.m. RESPECTFULLY SUBMITTED: ANTONIA DELLA DONNA ASSISTANT TO THE CITY CLERK NOTE: These Minutes were Approved at the 1 2015 Code Enforcement Board Regular Meeting.