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HomeMy WebLinkAbout2015 07 28 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JULY 28, 2015 CALL TO ORDER The Regular Meeting of Tuesday, July 28, 2015 of the Code Enforcement Board was called to Order by 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.) Chairperson Roero introduced Assistant to the City Clerk Antonia Della Donna and noted that she would be attending and providing clerical services to the Code Enforcement Board. Additionally, Chairperson Roero acknowledged that this Meeting would be Board Member Laurie Bates Calhoun s last Meeting. Roll Call: 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 Antonia Della Donna,present A moment of silence was held for the United States Military, First Responders, and the late Mr. Hugh Fisher. The Pledge of Allegiance followed. Regarding changes to the Agenda, Captain Chris Deisler, Police Department, Code Enforcement Division noted that PUBLIC HEARINGS — NEW CASES "507" would not be presented during this meeting. Furthermore, Captain Deisler indicated several Respondents were present and proposed the Code Enforcement Board to first hear the following Cases in the following order: PUBLIC HEARINGS AGENDA — NEW CASES "506" and "501" REGULAR AGENDA — PART II "701", and then PUBLIC HEARINGS AGENDA — NEW CASES "500" No objections were noted. Next, Captain Deisler offered some kind words about Mr. Hugh Fisher and his contributions and service to the Code Enforcement Board. Assistant to the City Clerk Della Donna swore in those who would be providing Testimony during tonight s Meeting. CRY OF WINTER SPRINGS,FLORIDA MINUTES COVE ENFORCEMENT BOARD REGULAR MEETING JULY 28 2015 PAGE 2 OF 21 REGULAR AGENDA - PART I CONSENT 700. Office of the City Clerk The Office Of The City Clerk Requests The Code Enforcement Board To Hold An Election For The Position Of Vice-Chairperson For The Remainder of The Calendar Year 2015. "I WOULD LIKE TO NOMINATE MR. [MATTHEW] CRISWELL FOR VICE- CHAIR FOR THE REMAINDER OF THE YEAR 2015." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. BOARD MEMBER CRISWELL STATED,"I WOULD ACCEPT THAT " VOTE. CHAIRPERSON ROERO: AYE BOARD MEMBER CRISWELL. AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE. AYE MOTION CARRIED. 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 May 27, 2015 Code Enforcement Board Regular Meeting Minutes. "I MAKE A MOTION TO APPROVE THE MINUTES AS CIRCULATED REGARDING THE MEETING OF MAY 26TH, 2015," MOTION BY BOARD MEMBER POE. SECONDED BY CHAIRPERSON ROERO. DISCUSSION ASSISTANT TO THE CITY CLERK DELLA DONNA POINTED OUT THAT THE MINUTES ARE FROM MAY 27, 2015 RATHER THAN MAY 26, 2015. BOARD MEMBER POE CONFIRMED, 9 STAND CORRECTED, MAY 27T14 " CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JULY 28,2015 PAGE 3 OF 23 VOTE: BOARD MEMBER POE. AYE BOARD MEMBER CALHOUN: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ. AYE CHAIRPERSON ROERO: AYE BOARD MEMBER KAPROW' AYE MOTION CARRIED. t84fr AGENDA NOTE: THE FOLLOWING TWO (2) AGENDA ITEMS FROM "PUBLIC HEARINGS AGENDA —NEW CASES" WERE HEARD FIRST, AS DOCUMENTED. •SS• PUBLIC HEARINGS AGENDA — NEW CASES PUBLIC HEARINGS-NEW CASES 506. Code Enforcement Division— Police Department CASE # 2015CE001260 Richard P Bichel 1101 Huron Court Winter Springs, FL 32708 City Ord. 13-2(b)Junk & Debris IPMC 304.2 Protective Treatment WS City Ord. 13-2 (c) Unsanitary/Overgrown WS City Ord. 13-2(e) Stagnant Pool Date Of Service: June 8, 2015 Inspector: Terri Guerra Inspector Tern Guerra, Code Enforcement Division, Police Department presented the Case and submitted into Evidence, "'WS-l' is the presentation, 'WS-2' is proof of mailing NCV (Notice of Code Violation), `WS-3' is Affidavit of Posting for Code Board, and 'WS-4' is United States Post Office proof of mailing." Continuing, Inspector Guerra testified. "On May 8'h, 2015, I received a complaint regarding a stagnant pool at this location, With the permission from the neighbor, I went on to her property and observed the pool as stagnant. There s a large amount of weeds covering the pool area and backyard — it was totally overgrown. On the side of the residence, the protective treatment is covered with green and black. There was also miscellaneous items in front of the garage There were also weeds growing up the side of the residence. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JULY 2S,2015 PAGE 4 OF 2} On June 8ih, 2015, a Notice of Code Violation was sent to the owner on record. June 20th, 2015, NCV (Notice of Code Violation) was signed for by Richard Bichel. July 1st, 2015, 1 received a call from the homeowner advising the Violations had been corrected. Upon inspection, the junk had been cleared from in front of the garage, the pool was blue at that time: the green had been cleaned off the garage but now there s black on the garage door from where the paint is wearing off The backyard was still overgrown. I attempted to call Mr. Bichel and received a voicemail. I left a message advising him of all the Violations that were not corrected and to call me if he had any questions. I have not received another call from him. On July 9th, 2015, a Notice of Code Board was sent to the owner on record and also posted at the property and City Hall. While posting the Notice on the property, I noticed the pool is no longer blue. On July 13th, 2015, the USPS (United States Postal Service) website shows the Notice was left with no authorized recipient." Photographs were shown from VS-1" with further comments. In conclusion, Inspector Guerra stated, In regards to this Case, I recommend the owners be given until August 25th, 2015 to make corrections. If found in Non-Compliance, a Fine of a hundred and fifty dollars ($150.00) a day be imposed." Mr Richard fiche!. 1101 Huron (bun, Winter Springs, Florida: explained that the pool was stagnant again due to a broken filter but that lie was in the process of fixing it and added, "If there's anything else you want me to do, just give me a list and I'll get it done." Inspector Guerra mentioned to Mr. Bichel that she was waiting for him to call her back so they could coordinate on the remaining Violations. Regarding the correction of the remaining Violations, Mr. Bichel stated,"1 can do that." Chairperson Roero asked Mr. Bichel if he understood what needed to be done. Mr. Bichel replied, "25°i of August—I'll have it done." Board Member Carole Glitz inquired about the protective treatment. Further comments followed regarding the protective treatment and photographs from -WS-1" Note: The Respondent was present. C ITy OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 28,2015 PAGE 5 OF 23 "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL AUGUST 25TH, [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 KAPROW. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER KAPROW AYE BOARD MEMBER GILTZ. AYE BOARD MEMBER POE. AYE BOARD MEMBER CALHOUN: AYE VICE-CHAIRPERSON CRISWELL. AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 501. Code Enforcement Division—Police Department CASE#2015CE000236 David and Patricia Koile 835 Dyson Drive Winter Springs, FL 32708 City Ord. 6-84(d) No Permit for Accessory Buildings Date Of Service: July 6, 2015 Inspector: Cpl. Jim Flannigan Corporal Jim Flannigan, Code Enforcement Division, Police Department, presented the Case and submitted into Evidence. "'WS-1' is the PowerPoint presentation, 'WS-2' is the copy of the Notice of Code Violation, 'WS-3' is the United States Postal Service Certified mail delivery with signature of NCV (Notice of Code Violation), 'WS-4. is the Affidavit of posting of Notice of Code Board at 835 Dyson [Dnve] and — at City Hall, WS-5' is the United States Postal Service Certified mail delivery of Notice of Code Violation with signature. On January 30th, 2015, I observed that this location had two (2) sheds and a portable carport on the property A check for Permits was made and found none — no Permits were found. I also observed an enclosed trailer being stored on property over twelve feet (12') in length. The trailer has been corrected since then. CITY OF WINTER SPRINGS.FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 28,2015 PAGE 6 OF 23 A Certified mailed Notice of Code Violation was sent and signed for on February 4th, 2015. The name was illegible. On February 26th, 2015, a Demolition Permit was obtained by the property owners for demolition of one (1) free standing carport and two (2) ten by twelve (10x12) sheds. As of June 30th, 2015, no activity had been made to correct the Violations and no other Permits were obtained. On July 7th, 2015, a Certified mail of Code Board Notice was sent and signed for on July 9th, 2015 -again, it was an illegible name. Notice was also posted at City Hall and at 835 Dyson [Drive]. On July 7th, 2015, a Patricia Koile left a message for a return phone call. I returned the phone call and spoke to a David Koile when I returned the message. He advised that he was in process of taking down the carport - which has been done at this time. He advised he attempted to obtain a permit of the sheds but the required documentation that it was structurally sound could not be obtained. He advised that he was going to be removing them from his property but not until the middle or end of August.- Photographs from W S-1" were shown with additional remarks. Corporal Flannigan concluded, "1 recommend that a Fine of a hundred dollars ($100 00) per day be imposed if the Violation is not corrected by August 11th, [2015]." Mr David Anthony Koile, 835 Dyson Drive, Wolter Springs, Florida: explained that the carport has been removed and that he has applied for a Permit for one (1) of the sheds. Regarding the other shed, Mr. Koile stated, "I am moving the shed to a newly acquired property in Geneva. The soonest I can get Superior Sheds [Inc] to move it is August 24th It's scheduled to be moved August 24th between eight (8:00) and ten (10:00). Although I am applying for a Permit for the other shed, It will also be removed at approximately the same time. I ask please to extend it to August 24th instead of the 11th " Chairperson Roero inquired about the reason for the requested extension. Mr. Koile explained that the new property needed to be prepped and that August 24, 2015 is the first available date that Superior Sheds, Inc can move it. Vice-Chairperson Matthew Criswell asked, "If we were to extend it. if somebody were to extend it, by the [August] 28th you think you would have it moved ' Mr. Koile replied, "Yes, Sir." Bnef discussion followed on Permits, Fines, and retroactivity. Note: The Respondent was present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 28,21115 PAGE 7 OF 23 "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL — AND I AM GOING TO USE AUGUST THE 28TH, 120151 DATE — TO CORRECT THE VIOLATION. IN THE EVENT THAT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) PER DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER POE. SECONDED BY VICE-CHAIRPERSON CRISWELL. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER POE: AYE BOARD MEMBER CALHOUN: AYE VICE-CHAIRPERSON CRISWELL. AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. . . AGENDA NOTE. THE FOLLOWING AGENDA ITEM FROM "REGULAR AGENDA ITEM — PART II" WAS HEARD NEXT, AS DOCUMENTED. +4 REGULAR AGENDA - PART II REGULAR 701. Code Enforcement Division —Police Department CASE # 13-0028920 Fannie Mae/Remax 1100 Gator Lane LLC 1100 Gator Lane Winter Springs, FL 32708 Ordinance 2-61.5 Reduction of Lien Request Non Compliance Hearing: February 25,2014 Inspector Christi Flannigan Captain Deisler presented this Case and gave a brief history of its origin. Captain Deisler explained that the City received an Application for a Lien Reduction from Mr. Paul Ginzl on July 9 2015 and added, "Their request was to three thousand dollars ($3,000.00) or City costs — whichever one was less." Captain Deisler also noted that the buyer intends to homestead the property CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 28,2015 PAGE 8 OF 23 Continuing, Captain Deisler stated, "Fannie Mae acquired this property late last year after the tenant vacated in December. We went out and did subsequent re-inspections and found that the Violations had been corrected by February 6th of this year when that Inspection was done by Terri [Guerra]. Photographs were shown from "WS-1" with Captain Deisler stating, "Again, as you look at these photographs, as Jim [Flannigan] scrolls through them, bear in mind that all of these Violations have been corrected. This property stands currently in Compliance." Regarding costs incurred by the City Captain Deisler stated, "Right now, what we are doing is, we ye come up with a cost of about six hundred and fifty dollars ($650.00) in Staff time for the prosecution, the follow-up, the re-inspections, and so forth. As you can tell, it does represent a substantial reduction but also only a partial reduction of Lien against the former owner, Mr. [Robert] Jennings—not to fully release him." Vice-Chairperson Criswell inquired as to who corrected the Violations. Captain Deisler replied, "I believe it was the bank. When the bank took it over. they got it back into shape pretty quick. Additionally, Vice-Chairperson Criswell asked about the six hundred fifty dollar ($650.00) recommendation from Staff. Captain Deisler remarked, "That's the best number we can come up with — yes, Sir. It sat for a while, you know, it went for some years without a whole lot of time invested." Further comments. Mr Paul Ginrl, Broker, Re/Max Town & Country Realty, 1315 Tuskawilla Road, Suite 101. Winter Springs, Florida. stated that he represented Fannie Mae. Ms. Phyllis Kent. Realtor, Phyllis Kent Real Estate LLC, 869 Leopard Trail, Winter Springs. Florida: noted that she represented the buyer, Mr. Jeff Hoffman. Discussion followed on the Lien Reduction request process. Vice-Chairperson Criswell suggested one thousand dollars ($1,000.00) instead of the six hundred fifty dollar ($650.00) recommendation and commented, '1 think it is fair. Both Chairperson Roero and Board Member Giltz agreed that it was fair. Chairperson Roero asked the Board, "Everybody agree"' No objections were voiced. Note. The Respondents were present "I MOVE TO RECOMMEND THAT THE CITY COMMISSION REDUCE THE LIEN TO A THOUSAND DOLLARS ($1,000.00) PAID WITHIN THIRTY (30) DAYS AND THAT THE OWNER WILL OCCUPY THE RESIDENCE AND HOMESTEAD IT." MOTION BY VICE-CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 28.2015 PAGE 9 OF 23 VOTE. BOARD MEMBER KAPROW AYE BOARD MEMBER GILTZ. AYE BOARD MEMBER POE: AYE BOARD MEMBER CALHOUN: AYE VICE-CHAIRPERSON CRISWELL. AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. . . AGENDA NOTE: THE FOLLOWING AGENDA ITEM FROM PUBLIC HEARINGS AGENDA—NEW CASES WAS HEARD NEXT, AS DOCUMENTED. PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS-NEW CASES 500. Code Enforcement Division—Police Department CASE#2015CE000133 Carlos Cruz 51 South Edgemon Avenue Winter Springs, FL 32708 City Ord.20-162 Zoning Restrictions Date Of Service: June 2, 2015 Inspector: Capt. C. Deisler This Case began with Captain Deisler submitting into Evidence, "'WS-l' will be this presentation, 'WS-2' is the Affidavit of Posting for this Hearing. 'WS-3' is the proof of mailing for the Notice of Code Violation letter, 'WS-4' is the proof of mailing for the NCV (Notice of Code Violation) Violation letter." Captain Deisler continued, "This Case originally started in January as a result of a patrol call. On January 21" of this year, Sergeant Ken Frein, from the Operations Bureau, responded to this home on an unrelated call. And during this time, he noticed several people who were at the home upon his arrival or who arrived shortly thereafter. All admitted to renting rooms from the owner, Mr. [Carlos] Cruz. The residence is a single family home of approximately 1,244 square feet. There were three (3) renters in addition to Mr. Cruz living there, based on Sergeant Frein's observations. This Case remained active some months after that as he tried to follow up with Mr Cruz dunng his patrol shifts. He was unsuccessful so he reached out to us for a little bit of help. On May 70 of this year, I actually met with Mr. Cruz at his request following the receipt of the NCV (Notice of Code Violation) letter. CITY OF WINTER SPRINGS.FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 2S.2015 PAGE RI OF 23 Mr. Cruz s home has what appears to be two (2) main entry points. one (1) from the patio that seemed to be exclusively his own and the other door which lead into the main kitchen and living room area. These two (2) places, although in the same home, are separated by double-cylinder deadbolts. When I walked up to actually meet with him, I actually didn't know what door to knock on. I was standing in front of one (1) door here, there's another door Just to the right of it. I can hear what sounds like television playing in left side room which is eventually where Mr. Cruz came from. He came out of his door with a set of keys on a ring and then opened the door with the double locks on it—his door also had double locks on it—to go into the main area where the kitchen was. When you look down the hallway, I have a recollection of at least two (2) different doors down the hall that also has the same setup. It's indicative of more than one (I) person living in a house or in violation of the Zoning Laws, so that there was some degree of individual space, the setup just was very, very—unique, one could say. Like I said, down the main hall. there were at least two (2) doors that were double locked and deadbolts with doorknobs. There were also two (2) refrigerators in the kitchen but one(1) wasn't working and it was actually empty but it was also just little bit of a cue for me." Captain Deisler defined what constitutes a"family" according to Sec. 20-1. - Definitions. of the City's Code of Ordinances and noted the key phrase "single housekeeping unit' Captain Deisler then remarked, "The arrangement that we saw within this home, in my opinion, clearly violates this Section as there is no evidence of a single housekeeping unit. Other than his appearance tonight, there has been no other contact with him.' Continuing. Captain Deisler stated, The NCV (Notice of Code Violation) letter was sent Certified on Apnl lst of this year: it was signed, delivered to Mr. Cruz on April 6th The Notice of Code Board Hearing was also mailed to Mr. Cruz on June 2nd of this year and was also signed for by him—there was no date listed, though. The website indicates June 5th, 2015 it was delivered. We also posted the property on June 2"d as well as here at City Hall. Captain Deisler concluded, "In this Case, I am recommending the owner be permitted until August 17th, 2015 to correct and if found in subsequent Non-Compliance, a Fine of a hundred dollars ($100.00) per day" Vice-Chairperson Criswell inquired as to what exactly the Respondent would need to do in order to be in Compliance. Captain Deisler replied. 'He'd have to convert back into its original use and then furthermore follow up with us to come out there and make sure that is exactly the case. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—JULY 2S,2015 PAGE 11 OF 21 Mr Carlos Alberto Cruz. 51 South Edgemon Avenue, Winter Springs, Florida said that the locks on his doors are not unusual and that individuals need their privacy Discussion followed on locks, double bolts, privacy, and other aspects of Mr. Cruz s home. Board Member Kaprow inquired if Mr. Cruz had leases with the individuals that lived in the home. Mr. Cruz answered, "No. Chairperson Roero asked if the individuals were family to which Mr. Cruz replied. "No, Sir." Mr. Cruz mentioned that the individuals were helping to pay for expenses and also confirmed that the individuals living in the home were allowed to use the kitchen area and bathrooms. Board Member Giltz asked how many people were renting the home. Mr. Cruz answered, "Right now, there's only three (3) of us." When asked how Mr. Cruz can come into Compliance, Captain Deisler answered, "The short answer is I really don't know until we go back and look. It may not be as simple as converting the locks over." Further comments ensued. Tape 119deB Much discussion followed on how many bedrooms were in the home, if the bedrooms were occupied, that the garage was converted to a bedroom with a City issued Permit, a single family unit sharing expenses, that there are not separate bathroom and kitchen facilities on Mr. Cruz's side of the home, the square footage of the home, and that Mr. Cruz has to go outside to access the kitchen and common areas. Mr. Cruz insisted that he and the individuals are living as a single housekeeping unit. Board Member Kaprow commented on tenancy laws. Discussion followed on how much time would be needed for Mr. Cruz to correct the Violation. Senior Attorney Kim Kopp mentioned, "The Law assumes if there is a tenancy without a contract that thirty (30) days is appropnate. But it is for you to decide if they are living as a tenancy or a housekeeping unit." Further remarks followed on eviction laws and if the individuals needed to move out. Captain Deisler specified, "I'm not asking anybody to move out as long as they do not exceed the maximum number and his arrangement fits the Code." Board Member Giltz asked, 'What does he need to do to be Compliant?' In response, Captain Deisler said, "Well, the first thing he would need to do is be able to demonstrate to me, to some satisfaction, that the way the living arrangement is among the folks living in the house complies with the Code — 1 won't know it until I see it. Maybe that means arranging the doors and areas that aren't common in a way that would be common." CITY OF WINTER SPRINGS.FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY?%,2015 PAGE 12 OF 23 Discussion continued on State occupancy laws, maximum number allowed per single family unit, potential safety Violations, if each room has a window, that nothing is built inside the home, that the garage has a window, the garage's Building Permit, that Mr. Cruz s father coordinated the conversion of the garage to a bedroom. that no one currently lives in the garage, and that the garage is now being used as a storage room. Additional comments. Note. The Respondent was present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL AUGUST THE 17T11 [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) PER DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. SENIOR ATTORNEY KIM KOPP STATED, "JUST TO CLARIFY, SO YOU'RE NOT INTENDING TO DO THE FORTY-FIVE (45) DAYS?" VICE- CHAIRPERSON CRISWELL SUGGESTED FRIDAY, SEPTEMBER 4, 2015. `1 CAN AMEND TO THAT DATE WITHOUT ANY PROBLEM." AMENDMENT TO THE MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: (ON THE AMENDMENT) BOARD MEMBER POE. AYE BOARD MEMBER CALHOUN: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER KAPROW AYE MOTION CARRIED. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL THE FOURTH (4TH) OF SEPTEMBER OF 2015 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THAT 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 GILTZ. DISCUSSION. CITY OF WINTER SPRINGS.FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 28,2015 PAGE 13 OF 23 VOTE. (ON THE MOTION AS AMENDED) BOARD MEMBER POE. AYE BOARD MEMBER CALHOUN: 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 PUBLIC HEARINGS AGENDA— NEW CASES PUBLIC HEARINGS-NEW CASES 502. Code Enforcement Division—Police Department CASE # 2015CE001068 Shan, Kathleen and Lazina Juman 304 North Hawthorne Circle Winter Springs, FL 32708 City Ord. 13-2(b)Junk& Debris IPMC 304.7 Roofs & Drainage Date Of Service: June 19, 2015 Inspector: Terri Guerra Regarding this Case, Inspector Guerra submitted into Evidence, "'WS-l' the presentation, WS-2' Affidavit of Notice of Code Violation, 'WS-3' proof of mailing NCV (Notice of Code Violation) — 'WS-4' Affidavit of Code Board — 'WS-5' proof of mailing for Code Board." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 2R 2015 PAGE IJ OF 23 Inspector Guerra continued, "April 2001, 2015, 1 observed large amount of junk and debris on the side of the residence and in front of the garage. On June 10th, 2015, some of the items were removed on the side of residence. There was now a gold Volvo parked In the front yard of the residence and junk and debris on the left side of the residence still. The roof had a large blue tarp bolted down. Notice of Code Violation was sent to owner on record and the residence the same day. Returned Receipt was signed for by agent. Letter sent to residence was returned. June 19th 2015, Notice of Code Violation posted at the property July 13`h, 2015 Notice of Code Board was sent to owner on record and the residence. On July 14th, 2015, a Notice of Code Board was posted at the property and City Hall. On July 16`h, 2015, per the USPS (United States Postal Service)website, Notice was left there with no authorized recipient. There has been no other contact from owner at this time." Photographs were shown from 'WS-1-with additional comments. Concluding, Inspector Guerra stated, "In regards to this Case, I recommend the owners be given until August 25th, 2015 to make the corrections. If found in Non-Compliance, a Fine of a hundred dollars ($100.00) a day be imposed." 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 AUGUST 25TH, 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 GILTZ. SECONDED BY CHAIRPERSON ROERO. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER POE: AYE BOARD MEMBER CALHOUN: AYE VICE-CHAIRPERSON CRISWELL: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS.FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 28,2013 PAGE IS OF 23 PUBLIC HEARINGS-NEW CASES 503. Code Enforcement Division—Police Department CASE# 2015CE001086 Homebanc c/o Aldridge Connors LLP 227 Sherry Avenue Winter Springs, FL 32708 City Ord. 13-2(b) Junk& Debris IPMC 304.13 Windows, Skylight& Door IPMC 304.14 Insect Screens WS City Ord. 13-2 (c) Unsanitary/Overgrown WS City Ord. 17-1 Obstruction Sidewalk/Hazard In Right Of Way WS City Ord. 6-195 Maintenance Of Fence Date Of Service: April 30,2015 Inspector: Terri Guerra Inspector Guerra submitted into Evidence, "'WS-1 the presentation, WS-2' proof of mailing NCV (Notice of Code Violation), 'WS-3' Affidavit of Notice of Code Violation, WS-4' proof of mailing Code Board Notice, and 'WS-5' Affidavit of Code Board" Inspector Guerra continued, "April 22nd, 2015 I observed a large piece of wood covering the front window All the screens on the front of residence were off or bent. There was trash and shingles on the left side of the residence and also tree trimmings in the right side of the residence. There were bushes growing over the sidewalk and the fence door on the left side was hanging off. On April 30th, 2015, a Notice of Code Violation sent to owner and also posted at the property May 5th, 2015 Notice signed for. June 11th, 2015, Notice of Code Board was sent to owner on record; Notice was also posted at property and City Hall. June 15th, 2015, Notice of Code Violation signed for. As of this date, no one has contacted me. Photographs were shown from "WS-1" with additional comments. Inspector Guerra then remarked, "In regards to this Case, I recommend the owners be given until August 25th, 2015 to make the corrections If found in Non-Compliance, a Fine of a hundred dollars ($100.00)a day be Imposed. Board Member Glitz inquired about obstruction to the sidewalk. Inspector Guerra noted that it was a bush that caused the obstruction. Inspector Guerra also indicated that some Violations have been corrected and stated, The trash on the side of house was cleaned up and the yard waste on the right side was cleaned up but the windows are still broken and the screens are still half on." Note. The Respondent was not present. CITY OF WINTER SPRINGS,FLORIDA MINUTES (ODE ENFORCEMENT BOARD REGULAR MEETING-JULY 28,2015 PAGE 160F23 "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL AUGUST 25TH, 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 KAPROW SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE. BOARD MEMBER KAPROW: AYE BOARD MEMBER GILTZ. AYE BOARD MEMBER POE. AYE BOARD MEMBER CALHOUN: AYE VICECHAIRPERSON CRISWELL: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 504. Code Enforcement Division—Police Department CASE # 2015CE001548 Metlife Home Loans do JPMorgan Chase Bank 112 Keith Court Winter Springs, FL 32708 IPMC 302.5 Rodent Harborage IPMC 304.7 Roofs & Drainage IPMC 304.2 Protective Treatment WS City Ord. 6-195 Maintenance of Fence Date Of Service: June 10,2015 Inspector: Terri Guerra The Case was introduced by Inspector Guerra who submitted into Evidence, "'WS-1' the presentation, 'WS-2' proof of mailing NCV (Notice of Code Violation), 'WS-3' Affidavit of NCV (Notice of Code Violation), 'WS-4' letter from the bank, 'WS-5' [Seminole County] Property Appraiser printout, and 'WS-6' Affidavit of Code Board posting. Continuing, Inspector Guerra testified. "June 9a' 2015, I observed the door was broken to the fence on the left side. While approaching the front door, I noticed the gutters were full of debris. The protective treatment is all worn off of the front of the residence. There are also several active wasp nests at the front porch area. On June 101M1 2015, Notice of Code Violation sent to owner on record and also posted at the property On June 16th, 2015, a Notice of Code Violation was signed for CITY OF WINTER SPRINGS.FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 28.2015 PAGE IP OF 23 July 7`h, 2015, 1 received a letter from [JPMorgan] Chase [Bank] advising they are unable to act on my Notice due to them not being the owner. But the Tax Appraiser is still showing them as owner, as of this date. July 86, 2015, Notice of Code Board sent to owner on record and also posted at property and City Hall. There has no other contact from the bank." Photographs were shown from "WS-1"with additional comments. Inspector Guerra staled, In regards to this Case, I recommend the owners be given until August 25ih, 2015 to make the corrections. If found in Non-Compliance, a Fine of a hundred dollars($100.00)a day be imposed." Board Member Kaprow commented on JPMorgan Chase Bank claiming to not be the owner. Inspector Guerra again stated, "They said that they re not the owners but it's still showing on the Property Appraiser that they are the owner. Senior Attorney Kopp advised, "I would err on the side of finding the correct property owner and giving them Notice, however, if the property was posted — was it posted, as we11T Inspector Guerra nodded. Senior Attorney Kopp continued, "Then I would say sufficient Notice was given by alternate means and so it's good, posted. The City did what it was supposed to do, it went with the [Seminole County] Property Appraiser and II.. was posted." Note: The Respondent was not present "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL AUGUST 25TH, [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 CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE. BOARD MEMBER KAPROW: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE. AYE BOARD MEMBER CALHOUN: AYE VICE-CHAIRPERSON CRISWELL. AYE MOTION CARRIED. CRY OF WINTER SPRINGS.FLORIDA MINUTES CODE ENFORCEMENT BOARD RUCi.'LAR MEETING-JULY 28.2015 PAGE IS OF 21 PUBLIC HEARINGS-NEW CASES 505. Code Enforcement Division— Police Department CASE# 2015CE001188 Jaimi and Gregory Putzke 707 Sybilwood Circle Winter Springs, FL 32708 City Ord. 13-2(b)Junk& Debris IPMC 304.2 Protective Treatment 1PMC 303.2 Enclosures WS City Ord. 13-2 (c) Unsanitary/Overgrown WS City Ord.13-2 (e) Stagnant Pool Date Of Service: May 28,2015 Inspector:Terri Guerra Regarding the Evidence for this Case, Inspector Guerra commented, "'WS-1 the presentation of my Evidence, WS-2- proof of mailing the NCV (Notice of Code Violation), `WS-3' Affidavit of posting Code Board, 'WS-4' proof of mailing by the USPS (United States Postal Service) website," Inspector Guerra testified, May 28t°, 2015, I observed overgrown bushes going over the front of the residence with branches covering the front walkway and also the yard waste piled in the backyard. The driveway had buckets and other miscellaneous items in the front of the garage. Overhang extensions were exposed on the right side of the residence. The protective treatment is also coring off on the side of the house. With the pemvssion of the neighbor at 705 1 could see the pool was stagnant and the enclosure had a rip in the upper screen. May 28th 2015, a Notice of Code Violation was sent to owner on record. On June 5th, 2015, the Notice of Code Violation was signed for by Jaimi Putzke. On July 9th, 2015, Notice of Code Board was sent to owner on record and also posted at the property and City Hall on the same day. July 13th, 2015 USPS (United States Postal Service) website shows the Notice was left and no authorized recipient. Photographs were shown from "WS-1" with additional comments. Inspector Guerra continued "There has been no contact from the owner. In regards to this Case, I recommend the owners be given until August 25th, 2015 to make the corrections If found in Non-Compliance a Fine of two hundred dollars ($200.00) a day be imposed Vice-Chairperson Criswell commented on the photograph of the sidewalk. Inspector Guerra specified that the sidewalk was leading up to the property's front door. Additional remarks followed on soffits. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY n.2015 PAGE 190F23 Board Member Kaprow expressed his concern with safety related to easy accessibility to the stagnant pool area. Inspector Guerra indicated the tears in the screen were on top of the structure rather than the sides. Captain Deisler commented, 'The screen enclosure itself around the pool appears to be intact" 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 AUGUST 25TH, 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 GILTZ. BOARD MEMBER CRISWELL MENTIONED, "I THINK WE'RE TWO HUNDRED DOLLARS ($200.00). " CONTINUING WITH HER MOTION, BOARD MEMBER GILTZ STATED, "...I AM GOING TO AMEND THAT TO TWO HUNDRED DOLLARS ($200.00) INSTEAD OF ONE HUNDRED DOLLARS ($100.00)." SECONDED BY VICE-CHAIRPERSON CRISWELL. DISCUSSION. VOTE. BOARD MEMBER KAPROW: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER POE. AYE BOARD MEMBER CALHOUN: AYE VICE-CHAIRPERSON CRISWELL: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 507. Code Enforcement Division—Police Department CASE# 2015CE001478 Partners Preferred Yield Inc. 141 West State Road 434 Winter Springs,Fl.,32708 WS City Ord.6-195 Maintenance of Fence Date Of Service: June 5,2015 Inspector: Terri Guerra As noted earlier in the meeting, this Case was not presented. CITY OF WINTER SPRINGS.FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 28,2015 PAGE 20 OF 21 PUBLIC HEARINGS-NEW CASES 508. Code Enforcement Division—Police Department CASE #2015CE001534 JPMorgan Chase Bank 1503 North Greenleaf Court Winter Springs, FL 32708 IPMC 303.2 Enclosures IPMC 304.15 Doors IPMC 304.6 Exterior Walls IPMC 304.8 Decorative Features IPMC 304.9 Overhang Extensions WS City Ord. 13-2 (b)Junk& Debris WS City Ord. 13-2 (c) Unsanitary/Overgrown WS City Ord. 13-2 (e) Stagnant Pool WS City Ord. 6-195 Maintenance of Fence Date Of Service: June 8,2015 Inspector Terri Guerra Inspector Guerra presented the Case and submitted into Evidence, "'WS-1' the presentation, 1WS-2' proof of mailing NCV (Notice of Code Violation), 'WS-3' Affidavit of posting NCV (Notice of Code Violation), 'WS-4' proof of mailing Code Board Notice, and °WS-5' Affidavit of posting Code Board Notice. Continuing, Inspector Guerra noted, -'June 6ih, 2015, I received a complaint from the neighbor in regards to a stagnant pool. Once on scene, I noticed the left side of the fence was falling down. In the front of the house, the decorative pillars, the wood surrounding them is rotting off or broken in some places. The overhang extensions are falling on the nght side of the residence. There was junk and debris in front of the garage area While on scene, the neighbor approached me and advised that the pool was stagnant and there was a broken window in the back of the residence. At that time, I requested backup from a marked unit to do a security check of the property Officers responded and checked the property The backyard was overgrown and the pool was stagnant The enclosure had a rip on the upper half of the door. The ceiling to the hack porch area was cracked and starting to fall slightly. The back door window was broken and there were pine needles piled all over the top of the pool enclosure. June 81h, 2015, Notice of Code Violation sent to owner on record and also posted at the property On June l5111, 2015 the NCV (Notice of Code Violation) signed for by Joni Phillips. July r, 2015, a Notice of Code Board was sent to owner on record and posted at the property On July 13th 2015, Notice of Code Board signed for by Joni Phillips. There has been no contact at this time. CITY OF WINTER SPRINGS.FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 2g.2015 PAGE 21 OF23 Photographs were shown from "Ws-r with additional comments Inspector Guerra concluded. "In regards to this Case, I recommend the owners be given until August 25th, 2015 to make the corrections. If found in Non-Compliance, a Fine of two hundred fifty dollars ($250.00) a day be imposed Chairperson Roero asked if the residence was occupied. Inspector Guerra replied, "No." 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 AUGUST 25TH, 2015 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THAT DATE, A FINE IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS ($250.00) PER DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED. MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER KAPROW" AYE BOARD MEMBER GILTZ. AYE BOARD MEMBER POE. AYE CHAIRPERSON ROERO: AYE VICE-CHAIRPERSON CRISWELL. AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA- NON-COMPLIANCE CASES PUBLIC HEARINGS-NON-COMPLIANCE CASES 600. Code Enforcement Division—Police Department CASE #2015CE000424 Haydee Rubio 298 San Gabriel Street Winter Springs, FL 32708 IPMC 304.2 Exterior Treatments Original Hearing: April 28, 2015 Date Of Service: June 2,2015 Inspector" Capt.C. Deisler For this Case, Captain Deisler submitted into Evidence, '"WS-1 this presentation. 'WS- 2' is the Affidavit of posting for this Hearing, 'WS-3' is the proof of mailing for this Hearing. WS-4' is the Affidavit of posting for Non-Compliance Hearing. CITY OF WINTER SPRINGS.FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—JULY 28.2015 PAGE 22 OF tit Captain Deisler testified, "This Case came before you April 28th of this year for violating IPMC 304.2 [Exterior Treatments] as the paint was worn off the outside of the building and presented a dingy, black appearance. At that time, you entered a 'Finding of Fact' allowing the owner until May 25"', 2015 to correct with a penalty of a hundred dollars ($100.00) per day in Non-Compliance. To date, the overall condition still exists — even an hour or two (2)before this Hearing." Photographs were shown from "WS-1 with additional comments. Continuing, Captain Deisler stated, "A Notice of Non-Compliance Hearing was mailed Certified to the owner on June 2"d of this year. It was returned to us as"Unclaimed" The Notices were also posted at the property and at City Hall on June 2nd by Code Officer Guerra. I haven't had a word of contact from the owner, at all. And I'm just requesting the ongmal Order be entered as a Lien." 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 CALHOUN. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE. BOARD MEMBER KAPROW AYE VICE-CHAIRPERSON CRISWELL: AVE CHAIRPERSON ROERO: AYE BOARD MEMBER GILTZ. AVE BOARD MEMBER POE. AYE BOARD MEMBER.CALHOUN: AYE MOTION CARRIED. In other City business, Captain Deisler briefly commented on Board Member Calhoun's services and contributions to the Code Enforcement Board and added, We appreciate it and we wish you the best. Tuesday, August 25 2015 was noted as the next scheduled Code Enforcement Board Regular Meeting. CITY OF WINTER SPRINGS.FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—JULY 28,2115 PAGE 23 OF 2? ADJOURNMENT Chairperson Roero adjourned the Regular Meeting at 7:04 p.m. RESPECTFULLY SUBMITTED AN PONIA DELLA DONNA ASSISTANT TO THE CLERK NOTE These Minutes wele Approved at the August 25.NI I5 Cods Enforcement Board Regular Islecling