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HomeMy WebLinkAbout2016 03 22 Code Enforcement Board Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 22, 2016 CALL TO ORDER The Regular Meeting of Tuesday, March 22, 2016 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, absent [Excused] Board Member Rick Brown, absent [Excused] Board Member Carole Giltz, present Board Member Maurice Kaprow, present Board Member Bill Poe, present Board Member Dennis Robinson, present Senior City Attorney Jennifer Nix, present Assistant to the City Clerk Antonia Della Donna, present Assistant to the City Clerk Jessica Ghersetich, present Chairperson Roero noted that Board Member Matthew Criswell and Board Member Rick Brown's absences from tonight's meeting were Excused. A moment of silence was held for our Fallen Soldiers, Police Officers, First Responders and the deaths overseas in Belgium. The Pledge of Allegiance followed immediately. Captain Chris Deisler, Code Enforcement Division, Police Department, noted that the PUBLIC HEARINGS — NEW CASES "502" and "503" were pulled as they were in Compliance. 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 MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 22, 2016 PAGE 2 OF 9 CONSENT AGENDA CONSENT 200. Office of the City Clerk The Office of the City Clerk Requests The Code Enforcement Board Review And Approve The February 22, 2016 Code Enforcement Board Regular Meeting Minutes. Senior City Attorney Jennifer Nix noted, "On page fifteen (15) in the fourth paragraph, it says `Statues' instead of `Statutes'." "I RECOMMEND APPROVAL WITH THE SCRIVENER'S ERROR AS NOTED." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 300. Not Used PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES CASE #2016CE000622 Robert W. Lucero And April M. Rehfuss 140 3rd Street North Winter Springs, Florida 32708 City Code 20 -411. — Trailers In Residential Areas. Insuector: Code Officer Rich McLaren Inspector Rich McLaren, Code Enforcement Division, Police Department presented the Case and submitted into Evidence "WS -1" before testifying, "On January 8th, 2016, I observed the boat and trailer parked in the front of the residence. This Property was taken to Code Board on October 27th, 2015 and found in Violation of City Ordinance. The original Case number is 2015CE002275. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 22, 2016 PAGE 3 OF 9 The boat and trailer were observed moved from the property on January 31St, 2016. No contact was made with the owner or resident and Notice of Code Board was Posted at the residence March 2, 2016." Photographs from "WS -1" were shown with additional comments. Inspector McLaren remarked, "I recommend that the Code Board impose the Fines /Liens as outlined in Code Board Order dated 10/27/2015 of one hundred dollars ($100.00) a day for a period of January 8th, 2016 through January 31St, 2016 for twenty -three (23) days." Board Member Dennis Robinson inquired, "Is it moved now ?" Inspector McLaren responded, "It's no longer at the Property. It was moved — the last time that I saw it there was before January 31St and as of January 31" was the last day that I saw it there, but it's not on the Property at this time." Note: The Respondent was not present. "I WOULD MOVE TO FIND THE RESPONDENT COMMITTED A REPEAT VIOLATION OF THE CITY CODE, THAT THE VIOLATION IS CURRENTLY CORRECTED AND SUCH VIOLATION CONSTITUTES A REPEAT VIOLATION UNDER CHAPTER 162, FLORIDA STATUTES, AND A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) PER DAY FOR THE PERIOD OF TIME FROM JANUARY 8TH TO JANUARY 31s' BE IMPOSED." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER POE. DISCUSSION. BOARD MEMBER GILTZ ASKED FOR FURTHER CLARIFICATION. INSPECTOR McLAREN STATED, "THEY WERE FOUND IN VIOLATION OF A PREVIOUS CODE BOARD ORDER. THEY DID MOVE THE BOAT TRAILER IN THE TIME THEY HAD FOR COMPLIANCE FROM THAT CODE BOARD ORDER, HOWEVER, AFTER THAT TIME THEY REOFFENDED. SO, THAT'S WHY WE ARE BRINGING THEM BACK AS A REPEAT OFFENDER." BRIEF DISCUSSION ON THE SEVERITY OF THE FINE FOLLOWED. BOARD MEMBER GILTZ ASKED, "SO, IT HASN'T BEEN THERE SINCE JANUARY 31sT. INSPECTOR McLAREN ANSWERED, "NO, NOT SINCE I NOTICED THEM ORIGINALLY LAST MONTH THEY WERE BEING BROUGHT IN FOR A NON - COMPLIANCE HEARING AND ONCE I NOTICED THEM FOR THAT THE BOAT WAS MOVED." ADDITIONAL COMMENTS ENSUED. CAPTAIN DEISLER CONCLUDED, "IT'S JUST SIMPLY AN EXTENSION OF ENFORCING THE BOARD'S PREVIOUS ORDER AND THE TERMS OF THAT BOARD ORDER. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 22, 2016 PAGE 4 OF 9 VOTE: BOARD MEMBER ROBINSON: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS- NEW CASES 500. Code Enforcement Division — Police Department Case # 2015CE0002770 Bank Of New York Mellon Tr. C/O Specialized Asset Mgmt. 1040 Weathered Wood Circle Winter Springs, Florida 32708 IPMC 302.1 Sanitation. IPMC 304.2 Protective Treatment. IPMC 304.7 Roofs And Drainage. IPMC 304.15 Doors. City Code 6 -195. — Maintenance Of Fences Or Walls. City Code 13 -2. (b) Junk And Debris Inspector: Code Officer Terri Guerra Inspector Terri Guerra, Code Enforcement Division, Police Department submitted "WS- 1" the presentation into Evidence and introduced the Case. Inspector Guerra testified, "On September 5th, 2015, I received a complaint from a neighbor regarding the fence falling and junk and debris in the backyard of the residence. Once on location I observed a fence in disrepair and yard waste all over it behind the fence. There were weeds growing out of the gutters and they were full of debris. There's also black growth on the outside of the walls of the residence and cement was showing through on the wall near the garage. The side door of the residence also had some wood exposed. On January 18th, 2016, Notice of Code Violation was sent to the owner on record. On January 22, 2016, the Notice of Code Violation was signed for. On February 291h, 2016, the Notice of Code Board was sent to the owner and Posted at the property and City Hall. On March 4th, 2016, the Code Notice was signed for." Photographs from "WS -1" were shown with additional comments and Inspector Guerra concluded, "I'm requesting the owner be given until April 12th, 2016 to correct the Violations. If found in Non - Compliance a Fine of a hundred dollars ($100.00) a day be imposed." Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 22, 2016 PAGE 5 OF 9 "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL APRIL 12TH OF 2016 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) A DAY FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. BOARD MEMBER ROBINSON COMMENTED, "THE PLACE IS VACANT, I ASSUME?" INSPECTOR GUERRA REMARKED, "THERE'S A `FOR SALE' SIGN IN FRONT; I HAVE NOT SEEN ANYONE LEAVE. ORIGINALLY, THE OWNER HAD PASSED AWAY AND THEN IT WENT TO THE BANK." FURTHER BRIEF COMMENTS. VOTE: BOARD MEMBER ROBINSON: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 501. Code Enforcement Division — Police Department CASE #2016CE000208 Standard Pacific of Florida 395 Tuskawilla Road Winter Springs, Florida 32708 City Code 13 -1. — General Prohibition. City Code 13 -2. (b) Junk And Debris City Code 13 -2. (c) Unsanitary /Overgrown City Code 9 -374. — Posting Of Numbers. IPMC 108.1 General. (Unsafe Structure) IPMC 304.2 Protective Treatment. IPMC 304.8 Decorative Features. IPMC 304.13 Window, Skylight, And Door Frames. IPMC 304.18 Building Security. IPMC 702.1 General. (Means Of Egress) Inspector: Code Officer Rich McLaren This Case was introduced by Inspector McLaren who submitted into Evidence "WS -1 ". Inspector McLaren testified, "The Case started on January 26th, 2016 for unsafe structure. Upon investigation we found the building missing all doors and windows, plywood put in CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 22, 2016 PAGE 6 OF 9 its place, and most of which has been pried off the building and access is available at multiple areas of the building. Inside of the building is an extensive amount of household trash and debris, as well as furniture items. Exterior area of the property has extensive amounts of assorted junk and debris as well as yard waste. The wooded area to the rear of the building has excessive amounts of both yard waste and household garbage. The sign out in front of the building is in disrepair and has no visible building numbers that can be found. Due to public safety issue of yard waste, junk, and debris, an Attempt to Remedy was sent Certified Return Receipt to the owner of the property. February 1St, I did speak via telephone with a representative for the company who stated he was aware of the issues and would be making arrangements to have the building demolished and fencing installed. Due to no effort made to remedy the situation clean up of the property commenced on February 17th, 2016. The property was Posted for Code Board March 2nd, 2016. To this date, no Permits have been pulled or requested for this property." Photographs from "WS -1" were shown with additional comments. Inspector McLaren advised, "I recommend that the owners have until April 6 of 2016 to come into Compliance or they receive a two hundred and fifty dollars ($250.00) a day Fine be applied." Board Member Maurice Kaprow questioned if this was a matter of Public Safety due to the conditions previously described. Inspector McLaren indicated, "It could be a possibility seeing that — when I spoke with the gentleman from the company on the phone, I did make him aware that there are two (2) schools right next door to it and he did state that he did know that and would be making the necessary arrangements for it. I do check regularly with the permitting sections — and there have been no Permits pulled for the demolition of the building, none for any kind of fencing to be installed. To be perfectly honest with you, it is a Public Safety Hazard seeing as it is open." Inspector McLaren continued, "I do check on it regularly, and most of the windows that are on the building have been broken out. When you look at one of the slideshows, there's a small hole in it that leads to where the chapel is, all the windows have since been broken out. I checked by there today and there's clothes lying in there when there wasn't clothes in there before, there's items being moved around inside the building to outside. You can tell that some time during the day somebody is going in there." Discussion followed on the building becoming a public nuisance, the possibility of fencing certain areas of the property, and future housing developments in that area. Referring to Senior Attorney Nix, Board Member Kaprow inquired what the Board's options were in an attempt to secure the property. Senior Attorney Nix stated, "What my CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 22, 2016 PAGE 7 OF 9 suggestion might be in this Case, the Code Enforcement Board has the power to issue Orders having the force of Law to command a property to come into Compliance, if you say something very general in your Order about having City Staff move forward as necessary to bring a Violation into Compliance, then the City Staff can move forward from there, whether it's taking it to the Commission — taking it in that regard." On another note, Senior Attorney Nix encouraged the Board Members to focus on the Code Enforcement Staff's testimony and advised, "So, when you're taking it into consideration as far as weighing your statutory factors of determining the Fine amount, just make sure you keep it constrained to the Violations which were Noticed." Additional discussion followed. Captain Deisler informed the Board, "We've actually had Public Works re -board most of the areas that have been taken down on probably — on three (3) or four (4) occasions, only to find them taken back down by whoever's going in there. So, I don't know if board is the answer." Further brief remarks. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL APRIL 6TH, 2016 TO CORRECT THE VIOLATIONS. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THAT DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED. FURTHER, THE VIOLATIONS CONSTITUTE A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE AND IN THE EVENT THE RESPONDENT DOES NOT CORRECT THE VIOLATION BY THE DATE SET ON 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 BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEMS "502" AND "503" WERE NOT HEARD, AS NOTED PREVIOUSLY. ❖ ❖ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 22, 2016 PAGE 8 OF 9 PUBLIC HEARINGS - NEW CASES PUBLIC HEARINGS - NEW CASES 502. Code Enforcement Division — Police Department CASE #2016CE000439 Gregory And Jessica Jewett 221 North Devon Avenue Winter Springs, Florida 32708 City Code 6 -186. — Permit Required. Inspector: Code Officer Terri Guerra This Case was not heard. PUBLIC HEARINGS - NEW CASES 503. Code Enforcement Division — Police Department Case # 2016CE000438 Louis E. Garcia 201 North Devon Avenue Winter Springs, Florida 32708 City Code 20 -438. — Parking Vehicles In Residential Front Yards And On Sidewalks Prohibited. Inspector: Code Officer Terri Guerra Also as noted, this Case was not heard. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES 600. Not Used REGULAR AGENDA REGULAR 700. Not Used Chairperson Roero opened the floor for other business. Assistant to the City Clerk Antonia Della Donna inquired if the Board was agreeable to a Workshop to review general Code Enforcement procedural information. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — MARCH 22, 2016 PAGE 9 OF 9 Discussion followed on a possible date and time in either April or May 2016. Board Member Carole Giltz indicated that she would not be available in May. No objections were noted regarding a Workshop following the April Regular Meeting of the Code Enforcement Board. ADJOURNMENT Chairperson Roero adjourned the Regular Meeting at 6:01 p.m. RESPECTFULLY SUBMITTED: ' f ANTONIA DFLLA DONNA ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the April 26, 2016 Code Enforcement Board Regular Meeting.