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HomeMy WebLinkAbout2016 01 26 Consent 200 Unapproved Minutes from the October 27, Regular MeetingCODE ENFORCEMENT BOARD AGENDA ITEM ITEM 300 January Regular Meeting REQUEST: Informational Consent X Public Hearings Regular The Office Of The City Clerk Requests The Code Enforcement Board Review And Approve The October 27, 2015 Code Enforcement Board Regular Meeting Minutes. ATTACHMENT(S): A. Unapproved Minutes from the October 21, 2015 Regular Code Enforcement Board Meeting (19 pages) The Regular Meeting of October 27, 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.) Roll Call: Chairperson Gregg Roero, present Vice - Chairperson Matthew Criswell, present Board Member Carole Giltz, absent Board Member Maurice Kaprow, present Board Member Bill Poe, present Senior Attorney Kim Kopp, present Assistant to the City Clerk Antonia Della Donna, present Assistant to the City Clerk Courtnee Martin, present A moment of silence was held for the United States Military and Police. The Pledge of Allegiance followed. Regarding changes to the Agenda, Captain Chris Deisler, Code Enforcement Division, Police Department noted that PUBLIC HEARINGS — NEW CASES "502" would be heard first. No objections were noted. 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 VOTE: BOARD MEMBER POE: AYE VICE - CHAIRPERSON CRISWELL: 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 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 27, 2015 PAGE 3 OF 19 ❖ ❖ AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEM 11502" WAS HEARD FIRST, AS NOTED PREVIOUSLY. ❖ ❖ PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502. Code Enforcement Division — Police Department CASE # 2015CE002732 Thomas And Cara Baublitz 705 Briarwood Drive Winter Springs, Florida 32708 City Ord. 6 -195. — Maintenance Of Fences Or Walls. Date Of Service: September 15, 2015 Inspector: Terri Guerra Inspector Terri Guerra, Code Enforcement Division, Police Department testified, "July 22 °d, 2014, a Finding of Fact regarding the fence in disrepair at this property was established by the Board. The owners are the same. September 10th, 2015, I observed fence panel on left side of property down. September 15th, 2015, I posted a Notice of Code Board at property and City Hall. A Certified letter was also mailed to owner of property. October 6th, 2015, I observed the fence panel still down. October 26th, 2015, the fence had been repaired." Photographs were shown with further comments. Continuing, Inspector Guerra stated, "There has been no contact — 'til today — from the owner. I am recommending the owner of property be Fined fifty dollars ($50.00) a day for the forty -six (46) days the Violation was verified of Non - Compliance." Ms. Cara Baublitz, 705 Briarwood Drive, Winter Springs, Florida: stated that the issues with the fence stem from lawn care issues and Ms. Baublitz indicated that she had been caring for the lawn entirely by herself and her lawn mower had broken down. Elaborating, Ms. Baublitz stated, "I started having to find a landscaping company. And I went back and forth with the landscaping companies — the equipment they used was too wide to fit through the fence. So, on the first Violation last year, I personally repaired the gate part of it. And then I had trouble with that landscaping company so I moved to another landscaping company and their equipment was even wider. And they couldn't even get through the gate part. So, they took the panel of fence off and put it to the side and they were supposed to replace it every time and fix it so it looked — like it did before they got there. And they were not doing that. I have since been trying to be in the process of moving also — so I'm not there all the time. So, I wasn't there every day to see if the fence was up or down." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 27, 2015 PAGE 4 OF 19 Vice - Chairperson Matthew Criswell asked why Ms. Baublitz did not make any contact to Code Enforcement Staff. Ms. Baublitz indicated that she did call in past when she received the Violation in 2014 and noted, "But when I got this Notice that was actually like taped to the window, I just was trying to fix it before I called." Vice - Chairperson Criswell noted, for Code Enforcement Hearings especially, "Communication is the key." Board Member Poe suggested having landscape companies come out to Ms. Baublitz's property to test the size of their equipment against the accessibility of the fence. Additional comments. Discussion ensued on Ms. Baublitz's experience working with the landscaping company, fixing fence slats, if Ms. Baublitz had followed up with the landscaping company, and corrections and repairs made by Ms. Baublitz. Vice - Chairperson Criswell asked if Ms. Baublitz was in the process of moving in or moving out. Ms. Baublitz replied, "I'm moving out — I'm in the process of working with the Bank and a Lawyer because I just can't keep up with the property." Continuing, Board Member Maurice Kaprow asked Ms. Baublitz what result she would like to see from the Code Enforcement Board. Ms. Baublitz stated, "I know it's not very fair to ask but it's not like I've ever really been in a situation like this and know what the expectations are but I would to see the Fees waived and I would be much more diligent about keeping up with the — landscaping and the fence and anything else that's in disrepair." Further discussion followed on Ms. Baublitz's communication with Code Enforcement Staff. Chairperson Roero stated, "We like to work people and if you would have communicated with someone I think we could have probably worked things out a little bit." Additional discussion on past Violations on the property ensued. Captain Deisler commented on the importance of communication and noted, "Our issue here is not to make life miserable for anyone but when we have absentee owners or someone who we simply don't know what the status is — we go on the information we have. The second thing I'd like to say is we are completely amenable to anything you all may be offering as a suggestion to the resolution of the Case. Again, what you heard here, we'll stand behind whatever decision you make." Vice - Chairperson Criswell indicated that he would be willing to waive a majority of the Fees. Note: The Respondent was present. VOTE: BOARD MEMBER POE: AYE CHAIRPERSON ROERO: AYE VICE - CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. Brief comments. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 500. Code Enforcement Division — Police Department CASE # 2015CE002275 Robert Lucero And April Rehfuss 140 North Third Street Winter Springs, Florida 32708 City Ord. 20 -411 (b) Boats And Trailers Date Of Service: October 8, 2015 Inspector: Corporal Jim Flannigan Before beginning his testimony, Corporal Jim Flannigan, Code Enforcement Division, Police Department submitted into evidence, "'WS-l' is the PowerPoint presentation, 'WS-2' is the returned Certified ail for Notice of Code Violation, 'WS-3' is the Affidavit of posting Notice of Code Violation, and 'WS-4' is the Affidavit of posting a Code Board Notice at property and City Hall." Corporal Flannigan continued, "On August 10th, 2015, I observed a boat and trailer being stored in front of the house next to the driveway. A Notice of Code Violation warning was posted on the property at that time. When I went back on August 19th, 2015 to re- inspect, the Violation was rechecked and found it had not been corrected. I Certified mailed a Notice of Code Violation and posted the property with a copy of that Violation. The Certified mail was returned Unclaimed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 27, 2015 PAGE 6 OF 19 On October 3rd, 2015, I rechecked the property and found the Violation had not been corrected. I Certified mailed a Notice of Code Board Notice to the property. On October Stn, 2015, 1 posted the property with Notice of Code — Board and posted the Notice at City Hall, as well. I've had no communication from anyone at this location." Photographs were shown from "WS -1" with further comments. Corporal Flannigan concluded, "I'm recommending the owner be given until November 10th, 2015 to correct the Violation, if not, a Fine of a hundred dollars ($100.00) a day be issued." Vice - Chairperson Criswell asked if the gravel was a parking pad. Corporal Flannigan confirmed, "Yes." Mr. Robert Lucero, 140 North Third Street, Winter Springs, Florida: stated, "I've been on community control, so — I haven't been able to take the boat anywhere. But I'm off now, so, I can have the boat removed in the next couple of days. It won't be a problem." Mr. Lucero indicated he was not permitted to leave his home except for work, school, and church. Brief discussion followed on why Mr. Lucero did not have someone else move the boat. Note: The Respondent was present. "I MOVE TO FIND THAT THE RESPONDENT IS IN VIOLATION OF CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL NOVEMBER 10TH 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 KAPROW. SECONDED BY VICE - CHAIRPERSON CRISWELL. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE VICE - CHAIRPERSON CRISWELL: AYE MOTION CARRIED. bIT CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 27, 2015 PAGE 7 OF 19 PUBLIC HEARINGS - NEW CASES 501. Code Enforcement Division — Police Department CASE # 2015CE001420 Gregory Denunzio 583 Walden Court Winter Springs, Florida 32708 City Ord. 13 -2 (b) Junk And Debris City Ord. 13 -2 (e) Stagnant Pool City Ord. 13 -2 (c) Overgrown Yard IPMC 303.2 Enclosures Date Of Service: October 9, 2015 Inspector: Terri Guerra Beginning this Case, Inspector Guerra submitted into evidence, "`WS - 1' the presentation, 'WS-2' Certified Return Receipt for the Notice of Code Violation, 'WS-3' the United States Postal Service letter — Code Board, 'WS-4' the Affidavit of posting for Code Board." Continuing, Inspector Guerra testified, "May 27th, 2015, I received a complaint from a neighbor regarding the pool at this location. From the neighbor's property, I observed the enclosure to the pool has a large rip in it. The pool was stagnant and the grass was overgrown in the backyard. There were also large pieces of glass and junk near the front gate. July 1st, 2015, the grass was cut. July 15th, 2015, an NCV (Notice of Code Violation) was sent to owner of property regarding stagnant pool and enclosure. July 31 St, 2015, the NCV (Notice of Code Violation) was signed for by Greg Dununzio. August 10th [2015], the owner of property called requesting extension due to having difficulty correcting the pool problem. We both agreed on an extension date of August 24th, 2015. October 5th, 2015, I checked the property and the stagnant pool was corrected but the enclosure was still ripped. October 9 , 2015, the Notice of Code Board was posted at property and City Hall. A Certified letter was also sent to owner on record. October 10th, 2015, the United States Post Office website advised that there was a Notice left with no authorized recipient." Photographs were shown from "WS -1" with further comments. Inspector Guerra stated, "There has been no contact made by the owner — anymore except today. I am requesting the owner be given until November 17th, 2015 to correct the Violation. If the Violation is not corrected the owner be charged fifty dollars ($50.00) a ay. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 27, 2015 PAGE 8 OF 19 Mr. Greg Denunzio, 583 Walden Court, Winter Springs, Florida: stated, "I had contacted many pool companies; I had one out, at one point, to fix the leak that was causing it to not filter properly. At that time, he told me that I should try to treat it chemically. That was when I contacted [Inspector Guerra] for a request for an extension. I attempted to correct it with chemical means but it didn't do it. So, after about three (3) weeks trying that I had to drain the pool completely and refill it that way. The issue was I needed to get that before the screen could be repaired. So, as soon as I got the pool fixed, I started calling around screen companies. I called four (4) companies and all of those making appointments in the first and second week of November. The fifth company I called made an appointment for me on October 15th. They did come out that day and they informed me that they could not fix my screen because it used round spline." Mr. Lucero continued to explain his ongoing efforts to fix the screen enclosure and indicated, "There should be somebody coming on the 29th to take a look at and fix the screen." Vice - Chairperson Criswell inquired, "So, the 17th of November we should have everything done ?" Mr. Lucero replied, "As long as that person is able to fix it. I — confirmed with them that they do work on the round spline. So, we shouldn't have that issue again." Additional comments. Discussion ensued on the time frames allotted to correct the Violation, potential safety issues, and how Mr. Lucero prioritized the stagnant pool over the screen enclosure. Note: The Respondent was present. "I FIND THE RESPONDENT IN VIOLATION OF CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL NOVEMBER 17TH TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY TO THIS DATE, A FINE OF FIFTY DOLLARS ($50.00) PER DAY TO THAT VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER POE. SECONDED BY VICE - CHAIRPERSON CRISWELL. DISCUSSION. VOTE: VICE - CHAIRPERSON CRISWELL: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 27, 2015 PAGE 9 OF 19 PUBLIC HEARINGS - NEW CASES 503. Code Enforcement Division — Police Department CASE # 2015CE001884 Leidy Molina 713 Thistle Place Winter Springs, Florida 32708 City Ord. 13 -2. (c) Overgrown Yard Date Of Service: October 1, 2015 InsDector: Terri Guerra Inspector Guerra testified, "June 19th and June 23rd, 2015, the property was Noticed with for overgrown grass; Violations were corrected. July 10th, 2015, the location was again warned regarding overgrown grass. On July 14th, 2015, the property was posted with Intent to Remedy. On July 20th, 2015, a Certified letter of Intent to Remedy was signed for. On July 15th, 2015, the grass was cut. September 12th, 2015, I received a fax from the owner, Ms. Molina, advising — she would not be able to attend the Code Board Meeting due to living out of state. And I've submitted that letter into evidence. On September 14th, the tenant of the property came to the station and talked to me and advised that she was out of town during that period. She thought that her son was keep the grass up but he was not and she will keep the grass cut and maintained from now on." Photographs were shown with additional comments. Inspector Guerra continued, "As of this date the grass has been cut and maintained. I'm requesting Finding of Fact on the property." Mr. Jose Perdomo and Ms. Luz Perdomo, 154 West Main Street, Marlborough Massachusetts: spoke on behalf of the Respondent, Ms. Leidy Molina and explained that Ms. Molina lives in Massachusetts, that the home on the property is currently being rented, that Ms. Molina's son was supposed to be taking care of the lawn, that Ms. Molina corrected the Violations, that Ms. Molina has already paid eighty dollars ($80.00) for a Violation, and referenced other properties in the neighborhood that are not up to Code. Discussion followed on Ms. Molina's payment to the City. Captain Deisler clarified, "They may be referring to a charge that we typically put out when the City takes remedial to cut a yard. That, to my knowledge, has not happened in this particular Case. She may be talking about prior Cases." Ms. Perdomo commented, "We just came as her representation and make sure that she's not ignoring what is going on because she won't be able to travel from Massachusetts here to be present in this Hearing." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 27, 2015 PAGE 10 OF 19 Chairperson Roero asked, "Is the grass cut right now ?" Ms. Perdomo replied, "Yeah — no more complaints." Board Member Kaprow mentioned that even though Ms. Molina is out of town that she is still ultimately responsible for the property even if there is a tenant. Much discussion followed on Code Enforcement procedures for Noticing property owners, property owner responsibilities, and other properties in the neighborhood that may not be up to City Code. Ms. Perdomo noted, "The owner is going to make sure maintain and keep the grass that it should be." Further comments. Note: The Respondent was not present, however, individuals were present on her behalf. "I MOVE TO FIND THE PROPERTY IN COMPLIANCE. NO FINE SHALL BE IMPOSED." MOTION BY BOARD MEMBER POE. SECONDED BY VICE - CHAIRPERSON CRISWELL. DISCUSSION. BOARD MEMBER KAPROW INQUIRED, "IF NEXT WEEK THE PROPERTY COMES OUT OF COMPLIANCE, DOES THIS BECOME A REPEAT CASE? OR DO WE NEED TO FIND FACT THAT IT WAS NOT IN COMPLIANCE AND IT IS NOW IN COMPLIANCE ?" SENIOR ATTORNEY KIM KOPP STATED, "YOU CAN MAKE A FINDING OF FACT THAT IT WAS IN VIOLATION TODAY AND THEN IF IT HAPPENS AGAIN THEN YOU WOULD HAVE — IT WOULD BE THE REPEAT, BUT THE QUESTION IS WHEN WERE THEY SUPPOSED TO COME INTO COMPLIANCE BY? WHAT WAS THE DATE? BECAUSE THE QUESTION IS WHETHER IT WAS IN COMPLIANCE AS OF THAT DATE. IF IT WAS YOU CAN'T MAKE A FINDING THERE WAS A VIOLATION." INSPECTOR GUERRA STATED, "SHE CAME INTO COMPLIANCE BEFORE — WHEN I PUT THE INTENT, THEY CAME INTO COMPLIANCE LIKE THE NEXT DAY." SENIOR ATTORNEY KOPP ADDED, "THEN THERE SHOULDN'T BE A VIOLATION FOUND." MUCH DISCUSSION ENSUED ON PARAMETERS AND TIME ALLOTTED TO CORRECT VIOLATIONS, REPEAT VIOLATIONS, AND ACCOUNTABILITY. MRS. PERDOMO COMMENTED ON EMAIL CORRESPONDENCE RECEIVED BY CODE ENFORCEMENT STAFF. FURTHER DISCUSSION FOLLOWED ON CODE ENFORCEMENT PROCEDURES. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 27,201 5 PAGE I I OF 19 VOTE: BOARD MEMBER POE: AYE CHAIRPERSON ROERO: AYE VICE - CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS - NON - COMPLIANCE CASES 600. Code Enforcement Division — Police Department CASE # 2015CE001657 Greg Nicosia 765 South Edgemon Avenue Winter Springs, Florida 32708 City Ord. 6 -195. — Maintenance Of Fences Or Walls. City Ord. 13 -2 (b) Junk And Debris City Ord. 13 -2 (c) Overgrown Yard Original Hearing: August 25, 2015 Date Of Service: September 23, 2015 Inspector: Captain Chris Deisler Captain Deisler gave a brief history of the property and stated, "This Violation was brought to you before your Regular Meeting on August 25th. This is a vacant property; it's not regularly tended to. It's fallen into a state of disrepair. You'll see some pictures here that may jog your memory. The date of Compliance that was set was September 25th [2015]. Nothing has been done to this property since. The Non - Compliance hearing was mailed on August 23rd [2015]; the Notice is being returned as unclaimed. However, the posting was done on the property and here on September 23rd, 2015. The Affidavit of Posting is in your Agenda packet." Photographs were shown with additional comments. Captain Deisler concluded, "Again no contact from the owner; the conditions persist. I'm recommending the Board's Order be recorded as a Lien. I'd also like the Board to consider ordering the removal of junk and debris items as well as any of the front sections of the fence that are in disrepair in order to allow the City to remove the extensive junk on the property." x CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 27, 2015 PAGE 12 OF 19 Chairperson Roero asked if the City was going to repair the fence. Captain Deisler replied, "No, Sir, it's not going to be a repair. There are several sections in the front where the boards have fallen and they look like crosses or `x's and they're just in bits and pieces. But the back of this area here also presents a problem where the grass has grown k- so high that the contracts can't even get back there to cut it. So, we'd like to be able to take some action and get that all cleaned up as best we can." Note: The Respondent was not present. "I WOULD MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY VICE - CHAIRPERSON CRISWELL. SECONDED BY COMMITTEE MEMBER POE. DISCUSSION. BOARD MEMBER KAPROW STATED, "DO WE NEED AMEND THAT, AUTHORIZE THE CITY TO — MAKE WHATEVER REPAIRS ARE NECESSARY ?" VICE - CHAIRPERSON CRISWELL AGREED, "I THINK SO; I WOULD GO ON CAPTAIN DEISLER'S RECOMMENDATION THAT THE CITY DO WHAT THEY NEED TO CLEAN UP THE PROPERTY AND GET IT..." CAPTAIN DEISLER INDICATED, "...I WOULD LIKE AN ORDER FROM YOU FOLKS, IF POSSIBLE, TO SECURE THAT PROPERTY AS NEEDED AND TO CLEAN UP WHATEVER BIG ITEMS THAT MAY PRESENT A PROBLEM." BOARD MEMBER KAPROW ASKED, "DO I UNDERSTAND THAT YOU ARE SAYING IT IS A PUBLIC HAZARD IF IT IS NOT CORRECTED?" CAPTAIN DEISLER REPLIED, "THERE ARE CERTAIN MATERIALS ON THE PROPERTY THAT I DO BELIEVE, IN MY OPINION, SHOULD BE REMOVED. ONE WAS A GAS CAN, OF SORTS." WITH ADDITIONAL COMMENTS, CAPTAIN DEISLER NOTED, "I WOULD JUST LIKE THE ABILITY TO GO ON TAKE CARE OF ANY ISSUES THAT WE SEE THERE THAT MIGHT POSE A PUBLIC SAFETY ISSUE — MAYBE SOME BROKEN WINDOWS, ET CETERA, THAT WE FIND ON THE PROPERTY THAT WEREN'T IN THIS CASE. BUT AS I MENTIONED EARLIER, THE CONDITION OF THIS PROPERTY CONTINUES TO DETERIORATE AND I JUST WANT TO TRY TO BE AHEAD OF THE CURVE." BOARD MEMBER POE REMOVED HIS SECOND TO THE MOTION. "I WOULD AMEND IT TO FIND THE VIOLATION CONSISTUTES AS A SERIOUS THREAT IN PUBLIC HEALTH AND SAFETY AND WELFARE AND THE CITY TAKE WHATEVER ACTIONS NECESSARY TO REMEDY IT AND FILE IT AS A LIEN." AMENDED MOTION BY VICE - CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: CHAIRPERSON ROERO: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE VICE - CHAIRPERSON CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS - NON - COMPLIANCE CASES 601. Code Enforcement Division — Police Department CASE # 2015CE001534 JPMorgan Chase Bank 1503 North Greenleaf Court Winter Springs, Florida 32708 IPMC 303.2 Enclosures IPMC 304.15 Doors IPMC 304.6 Exterior Walls IPMC 304.8 Decorative Features IPMC 304.9 Overhang Extensions City Ord. 13 -2 (b) Junk And Debris City Ord. 13 -2. (c) Unsanitary /Overgrown City Ord. 13 -2. (e) Stagnant Pool City Ord. 6 -195. — Maintenance Of Fences Or Walls. Original Hearing Date: July 28, 2015 Date Of Service: September 3, 2015 Inspector: Terri Guerra For this Case, Inspector Guerra submitted into evidence, "'WS-l' the presentation, 'WS- 2' the Order from July 28th Meeting, 'WS-3' the Return Receipt Non - Compliance Hearing, and 'WS-4' the Affidavit of Posting for Non - Compliance Hearing." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD e: -a REGULAR MEETING — OCTOBER 27, 2015 PAGE 14 OF 19 Continuing, Inspector Guerra testified, "Code Board ordered the owners to have Violations corrected by August 25th, 2015. If Violations were not corrected, a Fine of two hundred and fifty dollars ($250.00) a day would be imposed. The grass has been cut and the two (2) front pillars have been repaired. All other Violations have not been merg corrected. October 1St, 2015, the Notice of Non Compliance Hearing sent Certified and Nat posted at City Hall and property. October 5th, 2015, the Notice was signed for by Joni Phillips." Photographs were shown from "WS -1" with additional comments. Inspector Guerra commented, "There has been no contact from the owners at this time. I am requesting the original Order from the Board be imposed as a Lien." Chairperson inquired if these Violations were deemed a public hazard at the Violation Hearing. Inspector Guerra responded, "No, we did not, because it had the enclosure still around it." Discussion ensued on whether to have the City correct the Violations, if the City will ever recoup the funds spent, the partial release of Liens process, and that the enclosure is locked. Note: The Respondent was not present. "I WOULD MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THE PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY VICE - CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: VICE - CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 27, 2015 PAGE 15 OF 19 PUBLIC HEARINGS - NON - COMPLIANCE CASES 602. Code Enforcement Division — Police Department CASE # 2015CE001086 Homebanc C/O Aldridge Connors LLP 227 Sherry Avenue Winter Springs, Florida 32708 City Ord. 13 -2. (b) Junk And Debris City Ord. 13 -2. (c) Unsanitary /Overgrown City Ord. 17-1. Obstruction Of Sidewalk/Hazard Of Right Of Way City Ord. 6 -195. — Maintenance Of Fences Or Walls. IPMC 304.13 Windows, Skylight And Door IPMC 304.14 Insect Screens Original Hearing Date: July 28, 2015 Date Of Service: September 3, 2015 Inspector: Terri Guerra Inspector Guerra submitted into evidence, "'WS-l' my presentation, 'WS-2' the Order from the Board, 'WS-3' Affidavit of Posting Non - Compliance, and 'WS-4' the Return Receipt for Non - Compliance Hearing." Related to the Case, Inspector Guerra testified, "Code Board ordered the owners have Violations corrected by August 25th, 2015. If the Violations were not corrected a Fine of a hundred dollars ($100.00) a day would be imposed. October 1St, 2015, Notice of Non - Compliance Hearing sent to the owner on record and posted at City Hall and property. October 5th, 2015, Notice was signed for; Violations still exist and there has been no contact from owners of property." Photographs were shown from "WS -1" with additional comments. Inspector Guerra stated, "In regards to this Case, I recommend the original Order from the Board be imposed 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 POE. SECONDED BY BOARD MEMBER KAPROW. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE VICE - CHAIRPERSON CRISWELL: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE MOTION CARRIED. �w Inspector Guerra submitted into evidence, "'WS-l' the presentation, 'WS-2' the Order by the Board, 'WS-3' United States Post Office tracking information from the website, and 'WS-4' the Affidavit of Posting Non - Compliance Hearing." Continuing, Inspector Guerra testified, "July 28th, 2015, the Case was presented to the Board regarding several Violations. The Board ordered violations be corrected by August 25th, 2015 or a two hundred dollars ($200.00) a day Fine would be imposed. August 26th, 2015, I checked the property and Violations have not been corrected. At that time I also noticed the pool enclosure was ripped on the lower half of the enclosure. I attempted to make contact with the owner at the property and no one answered the door. At that point — with Captain [Chris] Deisler and got his approval to have Public Works come out to put plywood on the bottom halves of the enclosure to secure it. October 1St, 2015, Notice of Non Compliance Hearing posted at City Hall and the Property. Certified letter also mailed to owner. October 5th, 2015, United States Post Office website advised the Notice left with no authorized recipient. Photographs were shown from "WS -1" with additional comments. Concluding, Inspector Guerra stated, "There has been no contact from the owner. I am requesting the original Order of the Board be imposed as a Lien." Vice - Chairperson Criswell asked if the property needs to be secured. Inspector Guerra noted, "Someone still lives there." Brief discussion on securing the property and draining the pool. Vice - Chairperson Criswell mentioned, "I think if we leave the option open of just securing the property for the community then that is open ended and not just draining the pool — is that agreed ?" Chairperson Roero agreed, "Yes." Additional comments continued on the enclosure. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — OCTOBER 27, 2015 PAGE 17 OF 19 �.n "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. FURTHER, WE FIND THAT SOME OF THESE VIOLATIONS CONSTITUTE A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE AND — WE AUTHORIZE THE CITY TO TAKE WHATEVER APPROPRIATE ACTION IS NECESSARY TO REMEDIATE THOSE PUBLIC SAFETY HAZARDS." MOTION BY BOARD MEMBER KAPROW. SECONDED BY VICE - CHAIRPERSON CRISWELL. DISCUSSION. VOTE: BOARD MEMBER POE: AYE VICE - CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS — NON — COMPLIANCE CASES 604. Code Enforcement Division — Police Department CASE # 2014CE002143 Debra Kaplan 1185 Newton Court Winter Springs, Florida 32708 City Ord. 6 -195. — Maintenance Of Fences Or Walls. City Ord. 13 -2 (c) Overgrown Yard Original Hearing Date: February 24, 2015 Date Of Service: September 8, 2015 Inspector: Terri Guerra Inspector Guerra submitted into evidence, "`WS - 1' the presentation, 'WS-2' the Order of the Board, 'WS-3' Returned Receipt letter, 'WS-4' the Affidavit of Posting Non - Compliance Hearing." Continuing, Inspector Guerra testified, "On February 24th, 2015, the Board ordered the Violations be corrected by March 17th, 2015. If not done a Lien of a hundred dollars ($100.00) a day would be imposed on the owner of the property. October 1St, 2015, the property was posted and City Hall and a Certified letter was sent owner. October 9th, 2015, the Certified letter was returned." Photographs were shown from "WS -1" with additional comments. Inspector Guerra concluded, "There has been no contact from the owner. I am requesting the original Order of the Board be imposed as a Lien." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 27, 2015 U PAGE 18 OF 19 Board Member Kaprow inquired about the time lapse from the original Violation Hearing date to the Non - Compliance Hearing date. Inspector Guerra explained, "There was a problem trying to figure out — if the owner — we got several reports that the owner was deceased." Board Member Poe asked if anyone was currently living on the property. Inspector Guerra replied, "No." 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 VICE - CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE BOARD MEMBER KAPROW: AYE VICE - CHAIRPERSON CRISWELL: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 700. Not Used In other City business, Captain Deisler introduced Inspector Richard McLaren as a new addition to the Code Enforcement Division. Discussion ensued on upcoming Code Enforcement Board Regular Meetings. Additional comments followed on the Hayes Road Plaza. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — OCTOBER 27, 2015 PAGE 19 OF 19 ADJOURNMENT Chairperson Roero adjourned the Regular Meeting at 6:42 p.m. RESPECTFULLY SUBMITTED: ANTONIA DELLA DONNA ASSISTANT TO THE CLERK NOTE: These Minutes were Approved at the 2016 Code Enforcement Board Regular Meeting. �t