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HomeMy WebLinkAbout2016 02 23 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 23, 2016 CALL TO ORDER The Regular Meeting of Tuesday, February 23, 2016 of the Code Enforcement Board was called to Order by Chairperson Gregg Roero at 5:31 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 [Excused] Board Member Maurice Kaprow,present Board Member Bill Poe, present Board Member Rick Brown,present Board Member Dennis Robinson, present Senior City Attorney Jennifer Nix,present Assistant to the City Clerk Antonia Della Donna, present A moment of silence was held for our Police, First Responders, and Military. The Pledge of Allegiance followed immediately. Captain Chris Deisler, Code Enforcement Division, Police Department noted that the PUBLIC HEARINGS — NEW CASES "503" would be heard first. Additionally, Chairperson Roero noted that Board Member Carole Giltz's absence from tonight's meeting was Excused. 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 CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 2 OF 20 CONSENT AGENDA CONSENT 200. Office of the City Clerk The Office of the City Clerk Requests The Code Enforcement Board Review And Approve The January 26,2016 Code Enforcement Board Regular Meeting Minutes. "RECOMMEND APPROVAL OF THE MINUTES, AS CIRCULATED." MOTION BY BOARD MEMBER POE. SECONDED BY VICE-CHAIRPERSON CRISWELL. DISCUSSION. VOTE: BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: 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 OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 3 OF 20 ❖❖ AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEM "503" WAS HEARD FIRST, AS NOTED PREVIOUSLY. ❖❖ PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS-NEW CASES 503. Code Enforcement Division—Police Department CASE# 2015CE0002266 Bank Of New York Mellon TR C/O 1040 Weathered Wood Circle Winter Springs, Florida 32708 IPMC 302.3 Sidewalks And Driveways. Inspector: Corporal Jim Flannigan Corporal Jim Flannigan, Police Department, presented the Case and submitted into Evidence, "'WS-l' which will be a PowerPoint presentation for this evening, 'WS-2' is the Affidavit of Posting and Notice of Code Board on December 13th, 2015 at the property. 'WS-3' would be the Affidavit of Posting of Code Board Hearing at the property and at City Hall on February 10th, 2016. 'WS-4' is the Notice of Code Violation on January 5th that was mailed to the bank— 'WS-5' is the Notice of Code Violation Post Office's signature—from the bank." Corporal Flannigan continued, "This started on August l Ot', 2015. I observed a driveway that had been damaged from tree roots pushing up the driveway causing a hazard. I Posted a Notice and mailed a Code Violation letter to — the owner at that time, since the house appeared to be vacant. On August 22, 2015, 1 received a call from the owner's sister, she advised that due to medical issues he was no longer able to take care of the house and the house was going to go into foreclosure. This was set up to come to Code Board but due to the fact that they changed ownership on November 0, the Bank of New York Mellon was the new listed owner of the house. On December 13th, 2015, I mailed a Notice of Code Violation letter to the bank for the Violation imposed on the property. January 5th, 2016, I received a call from David Ashley — stating that he represented the bank and requested more time to do the repairs due to a pending sale. Obviously, it hasn't been sold yet. On February l Ot', 2016, 1 mailed—the Code Board Notice of Hearing along with Posting the property and City Hall with the Notice. No action has been taken to correct the issue at this time. Information was received that the house has a pending contract to close on— I was originally told — February 26th, 2016 — but I found out now they close on March 2nd» Photographs from `WS-1' were shown with further comments. CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 4 OF 20 Corporal Flannigan concluded, "My recommendation is a Fine of one hundred dollars ($100.00) per day starting on March 15th, 2016 if the Violation is not corrected". Corporal Flannigan indicated that the realtor and investor of the property were present. Further discussion followed regarding the potential sale of the property affecting the date in which Fines would begin to be imposed as well as who would be responsible for the Violation and Fines at that time. Corporal Flannigan pointed out, "If the investor or whoever — somebody buys this property before the 15th, they are responsible whole heartedly for the Violations, but unfortunately we would have to start the process over again and bring it back to Code Board at a different time as a new Violation. This is being done — if this gentleman decides to, for whatever reason, if the property doesn't close for whatever reason, we still have the ability to go after the bank for the Violation and the Fines." Chairperson Roero inquired about the corrective action date. Corporal Flannigan responded, "I would say we would leave it as March 15th, if he closes before that then obviously we would start over from then and this would be closed out." Ms. Samira Redden, 337 Cello Circle, Winter Springs, Florida: stated that she represented the buyer and discussed delays on both the bank and Homeowner's Association's behalf. In addition, Ms. Redden asked, "My only concern is that if the Fines start on March 15th and we close on the 2nd, that he doesn't have enough time to fix the problem. I want him to have at least, I don't know, thirty (30) days, fair time for him to correct the issue right now." Corporal Flannigan answered, "This is just stating, like we just said, if he closes on the 2nd, then I have to start over, the 15th goes out the window. This is just stating, is if he doesn't close on the 2nd and he backs out of it totally, I can still go after the bank as of the 15th and we start fining them from there until it gets corrected." Additional comments. Vice-Chairperson Matthew Criswell inquired if the Homeowner's Association was responsible for the Violation. Corporal Flannigan confirmed that it was the responsibility of the homeowner to fix the Violation. 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 MARCH 15TH, 2016 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY WITH THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER POE. SECONDED BY VICE-CHAIRPERSON CRISWELL. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 5 OF 20 VOTE: BOARD MEMBER KAPROW: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER ROBINSON: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. ❖❖ AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEM "505" WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA AS IT WAS NOTICED. *****+** PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS-NEW CASES 505. Code Enforcement Division—Police Department Case# 2015CE003686 Russell N. Nielsen 255 Arnold Lane Winter Springs, Florida 32708 City Code 13-2 (b)Junk And Debris City Code 13-2 (c) Unsafe/Unsanitary City Code 6-195 Maintenance Of Fences Or Walls. IPMC 108.1.1 Unsafe Structure. IPMC 304.10 Stairways, Decks, Porches And Balconies. Inspector: Code Officer Rich McLaren Inspector Rich McLaren, Code Enforcement Division, Police Department presented the Case and testified, "I received a complaint from a neighbor of the residence in reference to a possible obstruction to the backyard of the residence. Upon investigation I found a full style carport that was in extreme disrepair and was incapable of sustaining itself. I observed assorted junk and debris spread throughout the backyard of the residence, including two (2)motorcycle style dirt bikes, unknown if they were operable. The complaint also pointed out a dock to the rear of the residence that belongs to the homeowner that appears to be secured by sticks coming out of the water and does not appear to be able to safely handle any weight that we put upon it. The front of the residence also had junk and debris next to the garage including a bucket, sheets of plywood, several gas cans, and household trash. The fence to the right of the residence does appear to also be in disrepair. CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 6 OF 20 There was a Notice of Code Violation mailed Certified Return Receipt on December 29h, 2015. The Notice of Code Board was posted on January 30th, 2016, and to this date there has been no contact made with the resident or home owner; the conditions still exist." Photographs were shown from "WS-l" with further comments. Inspector McLaren's recommended, "Fifteen (15) days to come into Compliance, if not, a Fine of two hundred and fifty dollars ($250.00) a day be applied." Fifteen (15) days was confirmed as March 9th by Inspector McLaren. Mr. Russell N. Nielsen, 255 Arnold Lane, Winter Springs, Florida: testified, "As of about thirty (30) minutes ago — the carport has been fixed. I've reattached the poles that have fallen down; I've also reattached the tarp that goes over the pole style carport. The motorcycles are getting stored underneath the carport. I am waiting for a friend of mine to come over and help me move the two (2) motorcycles by the tree to move under the pole style carport and store them there." Continuing, Mr. Nielsen described the purpose of the dock and stated, "That has been completely removed, it's gone and it was removed a couple weeks ago. The junk and plywood sheets on the side of the house, I can remove those over the weekend. Oh, and the fence — the fence is not damaged. The gate works properly, and as far as the right side of the fence, I'm not sure, unless they were talking about the gate — all that stuff works perfectly, it was just open at the time." Mr. Nielsen recounted for the Board Members the Violations that were not yet complete, "I have not completed the junk and debris on the side of the house by the garage, I have a place I can move that to a shed in the backyard, and I have not completed moving the motorcycles to a more secluded spot and they're going to be stored underneath the pole style carport." Vice-Chairperson Criswell inquired if there was a requirement for a permit regarding the carport. Inspector McLaren replied, "It has to be a structure that can sustain its own weight and — not be load bearing but not be kind of shaky where if a wind storm came along — at the time that I did observed it, it did not appear that it could hold its own weight or even be safe that if a substantial storm came over it could fall over on itself." Additional comments followed on permits. Related, Captain Deisler stated, "Generally speaking, a temporary storage structure of this variety is not required to have a permit— you'd probably seen pop-up—tents in some driveways. If it is a structure designed to be a permanent structure in nature, then yes it would have to be permitted and go through those proper channels, however, based upon just having seen this from photographs, it doesn't look like it's intended as a permanent structure but I would have to defer to Officer McLaren on that." It was suggested that the Building Inspectors accompany Inspector McLaren in order to accurately assess the stability of the carport. CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 7 OF 20 Discussion ensued on the procedure to notify Code Enforcement Staff when corrections were completed. Mr. Nielsen requested a full month to make the corrections due to the need to arrange for additional help. Inspector McLaren stated, "I would not have a problem with granting him that time extension." Additional comments. Vice-Chairperson Criswell suggested March 18, 2016 as the corrective action date. No objections were noted. Note: The Respondent was present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL MARCH 18TH, TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THE 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 KAPROW. SECONDED BY VICE-CHAIRPERSON CRISWELL. DISCUSSION. VOTE: BOARD MEMBER ROBINSON: AYE CHAIRPERSON ROERO: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 500. Code Enforcement Division—Police Department CASE#2015CE003406 Armando T. Rivera And Gladys R. Torres 227 Sherry Avenue Winter Springs, Florida 32708 IPMC 304.7 Roofs And Drainage. Inspector: Captain Chris Deisler Captain Deisler submitted into Evidence, "'WS-l', which is this PowerPoint presentation, you also have 'WS-2', which is the Notice of Code Violation proof of mailing. 'WS-3' is the Affidavit of Posting for the NCV (Notice of Code Violation) notice, 'WS-4' is my Affidavit of Posting for this Code Board Hearing tonight, 'WS-5' is the mailing proof of the Code Board Notice this evening." Captain Deisler introduced the Case and a photograph was shown from "WS-I"with further comments. CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 8 OF 20 Captain Deisler continued, "The NCV (Notice of Code Violation)Notice, as I mentioned, was mailed January 5th of this year, was posted at the residence as the house is currently vacant. The NCV (Notice of Code Violation) was delivered by the United States Postal Service on January 19th of this year. The Notice of Code Board Hearing was prepared and sent Certified on January 26th of this year. As of February 22nd of this year, it appeared to be back in transit here as Unclaimed. The residence and City Hall bulletin boards were also posted on January 26th of this year." Continuing, Captain Deisler spoke on the color and coverage of the tarp on the roof, and then stated, "I've had no contact from the owners, and there are also no permits pulled in our permitting software for roofing work to be done at this location." Captain Deisler concluded, "I'm recommending the Respondent be provided until March 23rd of 2016 to come into Compliance with a Fine of one hundred dollars ($100.00) a day being requested if found in Non-Compliance with your Order." Regarding when the tarp was initially installed, Captain Deisler recalled, "I think I started this Case at the end of last year. The interesting thing is, if I remember correctly, I don't think it was owned by the same people. There was a blue tarp on the roof some months ago, back in the middle of summer, so I'm not sure how it transitioned from blue to brown, however,there has been a tarp for quite some time as far as I can recall." Note: The Respondent was not present. "I WOULD MOVE TO FIND THE RESPONDENTS IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENTS TO BE GIVEN UNTIL MARCH 23RD TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENTS FAIL TO COMPLY WITH 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 VICE—CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 9 OF 20 PUBLIC HEARINGS-NEW CASES 501. Code Enforcement Division—Police Department CASE #2015CE001604 American Momentum Bank 243 Winding Hollow Boulevard Winter Springs, Florida 32708 City Code 13-1 General Prohibition. City Code 13-2 (b) Junk And Debris, Tree Trimmings/Yard Trash City Code 13-2 (c) Unsafe/Unsanitary/Overgrown Grass Inspector: Captain Chris Deisler Before beginning his testimony, Captain Deisler submitted into evidence, "'WS-l' the PowerPoint, 'WS-2' my proof of service for the Notice of Code Violation letter, the Affidavit of Posting for the NCV (Notice of Code Violation) is 'WS-3', 'WS-4' is my proof of service for the Code Board Hearing, 'WS-5' is the Affidavit of Posting for this Code Board Hearing." Captain Deisler indicated the location of the property and testified, "The particular parcel that I am bringing forward today was being developed and through some sort of banking issue, the project fell stale and the owner allowed it to go into foreclosure. It remained in that status for some time. As you probably know or have heard, this particular area has been the source of complaints from the neighbors around it and has garnered quite a bit of press. Needless to say, shortly after we came back from vacation after the first of the year, I discovered that the bank had officially taken it back on record and we started this process again." A photograph was shown from"WS-1" with further comments. Captain Deisler continued, "My Notice of Code Violation was mailed January 6th of this year and posted at the property on the same day. It was delivered January 11th and signed for by a member of the bank staff, whose name was hard to read. This Notice of Code Board Hearing was prepared and sent by Certified Mail January 26th of this year; the property and City Hall bulletin boards were also Posted on January 26th of this year and Notice of Code Board Hearing was delivered on February 1 st of this year. At the time this PowerPoint was started, the conditions for the most part have persisted. I still haven't had any contact from the owners, however, the conditions are quite a bit better than they used to be and I'll show you some photographs as best you can see them given the light. Unless otherwise noted, the photographs you will see were taken from June 12'h of last year." Photographs from "WS-1" were shown with further comments. Captain Deisler noted, "During this time there was nothing in place that would restrict any vehicular traffic from driving on to this property. They have since remedied that." Captain Deisler noted some improvements that had been made as well as some persisting issues. CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 10 OF 20 Captain Deisler recommended, "I'm going to continue with the Case and request that they be found in Violation and a daily Fine of two hundred and fifty dollars ($250.00) be imposed should they be found in Non-Compliance by March 23rd of this year." Discussion followed on the current status of the property. In response, Senior Attorney Jennifer Nix pointed out, "As far as anything that is to be considered in regards to the Finding of a Violation or not in Violation of any Codes, it should be confined to the information that is presented during the Case and not reference to what you've heard or on the media." Referring to Captain Deisler, Senior Attorney Nix asked, "If you're moving forward with the Case, as you stated you are, is that both as to Sections 13-2. (b) and (c)?" Captain Deisler answered, "I believe the 13. (b) is the junk and debris and that's the one I'd like to continue forward with." Regarding the junk and debris, Vice-Chairperson Criswell asked "Does it create a public nuisance?" Captain Deisler responded, "That is a question that I struggle with because I don't know that there's any clear cut guidance for this type of land use. I battle with whether or not a developer— or bank is still able to build a project and show active work on the site. In which case, in my opinion, it's gone from now a general nuisance to maybe just an unkempt issue where it's not a general prohibition because they are trying to do something." Brief comments. Discussion followed on the installation of a fence and a school bus stop. Captain Deisler noted, "That hedge row is pretty thick and knock on wood it's worked so far. If it had nothing, I would be a little more concerned about it but I think that the hedge row there they've got and the landscaping is pretty effective as a barrier." Senior Attorney Nix noted, "When the Board considers making its Motion that it specify which subsection, specifically." Further remarks ensued on the Violations present. Senior Attorney Nix then asked, "Are you moving forward with 13-2. (c) or no, because I don't want the Board — are you testifying that you're withdrawing the Violation of 13-2. (c)?" Captain Deisler responded, "No." Continuing Captain Deisler remarked, "What I'm suggesting is they didn't fix any of the Violations by their Compliance time. So, what I'm suggesting is that if we want to go forward with Finding of Fact on all of them and if they comply at all we'll close it, and if they don't I'll bring them back for Non-Compliance on the specific ones and leave the other ones out." Board Member Maurice Kaprow queried, "If you are turning around, testifying that the condition does not exist now - can we find them in Violation of something that does not exist now?" Senior Attorney Nix responded, "If the Officer wants to move forward with both City Code Violations to present it to you all, that's fine, as far as he's the `Prosecutor' if you will. CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 11 OF 20 However, the Board of course is the Finder of Fact here and you need to, based upon the Testimony and Evidence presented, rather than any kind of speculation as to the future or preventative measure, it's either per your finding in Violation or not now and then give a Compliance date if it's not." Captain Deisler confirmed, "Then I'll move forward with (b) and (c)." Note: The Respondent was not present. "I WOULD MAKE A MOTION THEN TO MOVE TO FIND THE RESPONDENTS IN VIOLATION OF THE CITY CODE 13-2. (b) AND (c) OF THE CITY CODE AND ORDER THAT THE RESPONDENTS BE GIVEN UNTIL MARCH 23RD TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENTS FAIL 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 VICE-CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER BROWN: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502. Code Enforcement Division—Police Department CASE #2016CE000134 Savannah B. Day 712 Highgate Drive Winter Springs, Florida 32708 City Code 13-2 (c) Overgrown Grass Inspector: Captain Chris Deisler Before giving testimony for this Case, Captain Deisler submitted into Evidence, WS-F, which is this PowerPoint, 'WS-2' is the Affidavit of the Notice of Code Violation Posting, 'WS-3' is the Notice of Code Board, 'WS-4' is the Affidavit of proof of delivery for the Code Board Notice." CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 12 OF 20 Captain Deisler testified, "On January 19'h of this year the grass at this location was reported as overgrown by an anonymous complaint. Upon inspection the grass found to be in excess of ten inches (10") in many spots including next to the trees where the weeds had grown close to sixteen inches (16"). The Notice of Code Violation was hand Posted at the property with a correction date of January 21", 2016. This property was inspected again on January 21s', 2016 and it failed. Henceforth, the Notice of Code Board Hearing was Posted and prepared and sent Certified Mail, January 26th of this year. The Notice was received for signed by the Respondent on this day January 30th, 2016. I have not heard from her nor do I see her here. The grass was cut shortly after the Notice went out, however, based upon the fact that she did not comply by the time specified, I'm repining a Finding of Fact only and no Fine imposed and I'll address subsequent Cases accordingly." Brief discussion followed on time frames of corrective action dates. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT VIOLATED THE CITY CODE AND FAILED TO CORRECT THE VIOLATION BY THE TIME SPECIFIED FOR THE CORRECTION BY THE CODE INSPECTOR, THAT THE VIOLATION IS CURRENTLY CORRECTED, AND THAT NO FINE BE IMPOSED. ANY SUBSEQUENT VIOLATION OF THE SAME CITY CODE PROVISION BY THE RESPONDENT WITHIN FIVE (5) YEARS FROM THE DATE OF THIS ORDER SHALL BE CONDSIDERED A REPEAT VIOLATION FOR WHICH A FINE OF UP TO FIVE HUNDRED DOLLARS ($500.00) PER DAY MAY BE IMPOSED." MOTION BY BOARD MEMBER KAPROW. SECONDED BY VICE- CHAIRPERSON CRISWELL. DISCUSSION. VOTE: VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 13 OF 20 PUBLIC HEARINGS-NEW CASES 504. Code Enforcement Division—Police Department Case# 2015CE003487 Kelli A. Beese 703 Sailfish Road Winter Springs, Florida 32708 IPMC 304.13 Window, Skylight And Door Frames. Inspector: Code Officer Rich McLaren Inspector McLaren presented the Case and testified, "At the time of the Violation, I observed the yard was overgrown, there was yard waste in the front yard, and the window in the front of the house had a piece of plywood over it. Upon later inspection it is actually the window is broken, there are still glass in the window frame and there's a piece of plywood behind it in its place. Notice of Code Violation was mailed to the residence December 1St, 2015, and it was Returned Unclaimed and the property was later Posted on December 20th of 2015. After that time the yard was mowed, the yard trash was removed, but the window has not been fixed and to this date it has not been fixed. The Notice of Code Board was Posted on January 18th, 2016. I've made no contact with the resident and or homeowner." A photograph was shown from "`WS-1"'with further comments. Inspector McLaren stated, "I recommend that they come into Compliance by March 9th If they do not, that a hundred dollars ($100.00) a day Fine be applied." Regarding if the property was vacant, Inspector McLaren commented, "There are people living at the residence. Several times when I've gone back for re-inspections, there's been several cars at the residence and no one has made any— kind of contact. As I said during the presentation, they did have — it was overgrown grass and yard debris along with it and when I Posted the property with a Notice of Code Violation, everything but the window had been rectified." Additional comments followed on the remaining glass in the window. 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 MARCH 9TH 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 FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 14 OF 20 CHAIRPERSON ROERO: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 506. Code Enforcement Division—Police Department Case# 2015CE003218 Timothy And Amy Von Der Heyde 255 East Panama Road Winter Springs, Florida 32708 IPMC 304.2 Protective Treatment. City Code 6-195 Maintenance Of Fences Or Walls. City Code 13-2 (b)Junk And Debris City Code 20-411 Trailers In Residential Areas. Inspector: Code Officer Rich McLaren Inspector McLaren presented the Case and testified, "While on patrol I observed an overgrown yard, the fence was in need of repair in several sections, signing in the front of the house missing, and there was a utility trailer in the driveway in the front of the house. Also, there are windows that are in front of the house that are leaning up against it but are not in place even though there are windows currently in place. I'm guessing they're replacement windows but they just never actually were put there. There was a Notice of Code Violation mailed Certified Return Receipt on October 29th, 2015 and it was sent back to us Unclaimed. The property was Posted with the Notice of Code Violation. The property was then re-Posted on updated Violations on December 30th as the grass was mowed and the utility trailer appeared in the driveway that was not there the original time that I made the first observations. It was Posted for Notice of Code Board on January 30th of 2016. There has been no contact made with the property owner or resident." Photographs were shown from"WS-1" with further comments. Inspector McLaren added, "Due to the fact the house is such a bit from the roadway and the fence is closed, I could not go up to actually Post on the property itself, so, I put a stake out in front of the house and I was using — a sheet protector to put it in there so it would stay there. The Notices were disappearing; somebody was taking the Notices. Nobody was making contact with me on reference to the Code Violations themselves, and with this Case I'm recommending they have until March 91h to come into Compliance, if not two hundred and fifty dollars ($250.00) a day Fine be applied." CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 15 OF 20 Discussion followed on outstanding Violations and Inspector McLaren stated, "The grass has been mowed, all the other issues have not been addressed." Senior Attorney Nix clarified, "So, it's 13-2. (c) that you are no longer, the unsanitary and overgrown, that should the Board make its Motion generally in regards to City Code it's going to be what appears on the Agenda, is what you're asking which is 304.2, 6-195. 13-2. (b) and 20-411." Board Member Dennis Robinson inquired that if a property is inaccessible, how is the property Noticed. Inspector McLaren responded, "There's no one currently at the house right now, the house is vacant. Every Notice that I've sent to the house via Certified Mail for the Code Board and for the Notice of Code Violations, they've all been Returned Unclaimed." Brief comments followed on Code Enforcement Staff's duties. Senior Attorney Nix mentioned, "Section 162.12 of the Florida Statutes does require that Notice needs to be sent Certified Mail to address listed in the Tax Collectors office for Tax Notices or to the address listed in County Property Appraiser's office database. So, as long as the City Staff is doing that they are working in accordance with the Statutes."Discussion. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE IPMC 304.2 PROTECTIVE TREATEMENT, AS WELL AS, CITY CODE 6-195. MAINTENANCE OF FENCES OR WALLS, AS WELL AS, CITY CODE 20-411. TRAILERS IN RESIDENTIAL AREA, AND ORDER THE RESPONDENT BE GIVEN UNTIL MARCH THE 9TH, 2016 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY WITH 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. SENIOR ATTORNEY NIX STATED, "I DON'T BELIEVE I HEARD YOU SAY 13-2. (b) AND THAT IS ONE OF THE ONES THAT WAS BEING PRESENTED, CORRECT? IT WAS JUST (c) THAT WAS DROPPED." INSPECTOR McLAREN STATED, "YES, (c) WAS DROPPED BUT JUNK AND DEBRIS WAS STILL BEING PUSHED FORWARD." REGARDING HIS SECOND, VICE-CHAIRPERSON CRISWELL STATED, "I WITHDRAW IT." ADDITIONAL COMMENTS. CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 16 OF 20 BOARD MEMBER POE, "I WOULD AMEND TO ADD 13-2. (b)." AMENDMENT TO THE MOTION BY BOARD MEMBER POE. VICE- CHAIRPERSON CRISWELL REMARKED, "I WOULD SECOND THE AMENDMENT." DISCUSSION. VOTE: BOARD MEMBER BROWN: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER ROBINSON: AYE CHAIRPERSON ROERO: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 507. Code Enforcement Division—Police Department CASE # 2015CE003439 Wightman La Donne Life Estate 967 North Wedgewood Drive Winter Springs, Florida 32708 City Code 13-2 (e) Stagnant Pool City Code 6-4 Violations. IPMC 304.14 Insect Screens. Inspector: Code Officer Rich McLaren Inspector McLaren introduced the Case and began his testimony and said, "Upon complaint from the neighbor that lives next door to the left of the residence, I observed a large tear in the insect screen of a pool enclosure; the pool appears to be stagnant and needs to be cleaned; an addition to the left side of the house that appears to have been added on without a proper permit. The house is vacant at this time. The Notice of Code Violation was mailed Certified Return Receipt to the owner of record who — it's showing an address out of Key Largo — on November 23rd, 2015. It was Returned Unclaimed and the property was later reposted on December the 30d'—of 2015. None of the Violations have been addressed at this time and there has been no contact with me from any resident or the homeowner." A photograph was shown from"WS-1" with further comments. After the inspection on a Saturday, Inspector McLaren added, "The following Monday, I followed up with Permitting. I checked in the permit system, no permit showed active for that residence for any time." CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 17 OF 20 Inspector McLaren continued, "Unfortunately I don't have pictures of the pool or insect screen but I'm willing to testify to the fact that they both did exist, that there is a tear in the insect screen and the pool itself is stagnant and needs to be cleaned. However, the only access to the pool is from the house itself, there was no door on the outside. In conclusion, Inspector McLaren stated, "I'm recommending they have until March 9h to come into Compliance. If they don't, a two hundred and fifty dollars ($250.00) a day Fine be imposed." Much discussion followed on Permitting, Zoning, fire hazards, access to the pool, and tears in the screen enclosure. Inspector McLaren said, "I'd like to Amend the Order, if we could also make an Order to have the pool drained, for safety purposes for the stagnation." Further comments ensued on Chapter 6 of the City Code and the correct Violation. Inspector McLaren confirmed, "If 6-4. is the Code for no permit then we can amend it to that." Further discussion. Senior Attorney Nix pointed out, "They didn't get a permit, so they're in Violation of that or not— and as far as them coming into Compliance, with not having potentially gotten a permit, that's kind of outside the purview of the Board, how they have to rectify it from here. If it winds up being that is being ordered by City Staff or something to be torn down, we just don't have to worry about that." Captain Deisler remarked, "We had discussed using a language, in addition to draining the pool but to also remedy any unsafe condition on the property." Senior Attorney Nix asked, "Is that what was Noticed? Or was it just a stagnant pool?" Further, Senior Attorney Nix said, "Respectfully, I don't want the Board to go making a Motion for an Order for which it wasn't Noticed..." Inspector McLaren answered, "...The addition itself is close enough to the residence next door that it could provide a hazard if in - such cases of fire or other public safety issues." Discussion ensued on justifiable costs to the City when a nuisance is abated. Senior Attorney Nix stated, "If they were Noticed that there was no Building Permit, then the Board needs to find whether or not they were in Violation for not having a Building Permit. If they were Noticed that there was a stagnant pool, the Board just needs to find if it's in Violation of a stagnant pool. I think it may be a little outside of the scope of the Notice to have the Board ordering to have the City proactively go tear down something that's part of a home. People have extreme rights and property rights in this state." Board Member Bill Poe expressed his agreement and stated, "I do not think it is in the purview of this Board's responsibility to go that far." CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 18 OF 20 Much discussion followed on draining stagnant pools, threats to public health, safety, and welfare, Chapter 162 of the Florida Statutes, and proper Noticing procedures. Inspector McLaren summarized the Violations that were Noticed and stated, "They were Notified in reference to the stagnant pool, for the rip in the insect screen, and for the no proper permit for the building addition." Vice-Chairperson Criswell expressed that in this instance that the City should not "Foot the bill"through the nuisance abatement process. Discussion ensued. Senior Attorney Nix concluded, "The Board, moving forward, needs to make a decision as to whether or not they're in Violation of having done something without a Building Permit." As for a stagnant pool, referencing Sec. 13-2. (e) of the City Code, Senior Attorney Nix stated, "So, it is on the property owner to rectify that. I don't know if the City is asking to go drain the pool..." Inspector McLaren answered, "...As a matter of public safety issues, yes. Several neighbors have voiced their concerns of the pool being stagnant and it being an issue to everyone around them." Brief comments followed on smells. "I AM GOING TO MAKE A MOTION TO FIND THE RESPONDENT IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MARCH 9TH 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. FURTHER, THE VIOLATION CONSTITUTES A SERIOUS THREAT TO PUBLIC HEALTH AND SAFETY AND WELFARE. IN THE EVENT THE RESPONDENT DOES NOT CORRECT THE VIOLATION BY THE DATE SET IN THIS ORDER, THE CODE INSPECTOR SHALL BE NOTIFIED AND APPROPRIATE ACTION SHALL BE TAKEN BY THE CITY CONSISTENT WITH CHAPTER 162 FLORIDA STATUTES TO BRING THE PROPERTY INTO COMPLIANCE." MOTION BY VICE-CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. BOARD MEMBER KAPROW INQUIRED, "I WANT TO CLARIFY THAT THE SAFETY ISSUE IS ONLY SURROUNDING THE POOL, IS THAT CORRECT?" VICE-CHAIRPERSON CRISWELL STATED, "I AM JUST MAKING THE MOTION AND THEY CAN MOVE FORWARD WITH WHAT THEY WANT TO DO." CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2016 PAGE 19 OF 20 BOARD MEMBER KAPROW CONTINUED, "QUESTION ABOUT THE POOL BECAUSE IF YOU ARE TELLING ME THAT THE POOL IS NOT ACCESSIBLE TO ANYBODY ELSE, THE ONLY TIME WE HAVE FOUND A POOL TO BE A STAGNANT POOL, TO BE A PUBLIC SAFETY HAZARD, WAS WHEN PEOPLE COULD FALL INTO IT. WHEN KIDS COULD GET INTO IT OR SOMEBODY COULD GET INTO IT. BUT IF NOBODY CAN GET INTO THIS THING, THEN WE — HAVE CHOSEN IN THE PAST NOT TO DRAIN,WE HAVE NOT DONE ANYTHING." INSPECTOR McLAREN STATED, "WELL, WITH THE CURRENT HEALTH CONCERNS THAT ARE GOING AROUND NOW, WITH MOSQUITOS AND MOSQUITO BORN VIRUSES — WITH THE LOCATION OF IT, IT IS RIGHT ON A GOLF COURSE, TOO; IT IS A POTENTIAL HEALTH HAZARD NOT ONLY FOR RESIDENTS BUT FOR PEOPLE PLAYING ON THE COURSE, TOO." ASSISTANT TO THE CITY CLERK DELLA DONNA ASKED, "FOR CLARIFICATION OF THE MOTION, IS THE ABATEMENT JUST FOR THE POOL OR `FOR WHATEVER'?" BOARD MEMBER POE STATED, "I BELIEVE, IF I HEARD THE MOTION CORRECTLY, THAT IF THEY FAIL TO COMPLY THAT THEN WILL TURN IT BACK TO THE INSPECTOR, AND THE INSPECTOR THEN WILL ADVISE THE CITY AND THE CITY WILL TAKE WHAT ACTION IT HAS BASED UPON THE AUTHORITY IT HAS. WE ARE NOT MAKING THAT DETERMINATION." VOTE: CHAIRPERSON ROERO: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—FEBRUARY 23,2016 PAGE 20 OF 20 PUBLIC HEARINGS AGENDA- NON-COMPLIANCE CASES PUBLIC HEARINGS AGENDA—NON-COMPLIANCE CASES 600. Code Enforcement Division—Police Department CASE#2015CE002275 Robert W. Lucero And April M. Rehfuss 140 Third Street Winter Springs, Florida 32708 City Code 20-411 Trailers In Residential Areas. Inspector: Code Officer R. McLaren Inspector McLaren introduced the Case and gave a timeline of events. Photographs were shown from "`WS-I"'with further comments. Discussion ensued. Inspector McLaren stated, "I can respectfully withdraw it from the Agenda. I can re- Notice them." Board Member Kaprow clarified, "Re-Notice them for a Repeat Violation." Inspector McLaren confirmed, "Yes, Sir." REGULAR AGENDA REGULAR 700. Code Enforcement Division—Police Department Not Used ADJOURNMENT Chairperson Roero adjourned the Regular Meeting at 7:01 p.m. RESPECTFULLY SUBMITTED: ANTONIA DELLA DONNA ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the March 22,2016 Code Enforcement Board Regular Meeting.