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HomeMy WebLinkAbout2016 04 26 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 26, 2016 CALL TO ORDER The Regular Meeting of Tuesday, April 26, 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,present Board Member Carole Giltz, present Board Member Maurice Kaprow, absent [Unexcused] 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 followed by the Pledge of Allegiance. As for Agenda changes, Captain Chris Deisler, Code Enforcement Division, Police Department advised that PUBLIC HEARINGS — NEW CASES "505" would not be heard, and also indicated PUBLIC HEARINGS — NEW CASES "500", 66502999 66506999 "504" would be heard first, then PUBLIC HEARINGS —REPEAT CASES "400" and the rest of the Agenda would then be heard. 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 CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 2 OF 23 CONSENT AGENDA CONSENT 200. Office of the City Clerk The Office of the City Clerk Requests The Code Enforcement Board Review And Approve The March 22,2016 Code Enforcement Board Regular Meeting Minutes. RELATED TO THE APPROVAL OF THE MARCH 22, 2016 CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES, "I RECOMMEND APPROVAL OF THE MINUTES AS CIRCULATED." MOTION BY BOARD MEMBER POE. SECONDED BY VICE-CHAIRPERSON CRISWELL. DISCUSSION. VOTE: CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA- CONTINUED CASES PUBLIC HEARINGS-CONTINUED CASES 300. Not Used ❖❖ AGENDA NOTE: PUBLIC HEARINGS — NEW CASES AGENDA ITEM 11500" WAS HEARD FIRST, AS NOTED DURING AGENDA CHANGES. ❖❖ PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS-NEW CASES 500. Code Enforcement Division—Police Department CASE#2016CE000606 Louis E. Garcia 201 North Devon Avenue Winter Springs, Florida 32708 City Code 6-195.—Maintenance Of Fences Or Walls. Inspector: Captain Chris Deisler Captain Deisler began with introductory comments about this Case. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 3 OF 23 Continuing, Captain Deisler stated and entered into Evidence, "'WS-l' the PowerPoint presentation you're about to see, 'WS-2' which is the mailing card for the Notice of Code Violation Letter, 'WS-3' is my Affidavit of Posting for this Hearing, and 'WS-4' is the proof of service for this Hearing." Captain Deisler then said, "This property was permitted for a fence by Community Development in 2014, I believe it is. Based on the parameters of the Permit, the fence was to be installed on the property. The fence was constructed however the way the fence material currently presents itself on the property does not comply with those parameters. On March 1, 2016, Community Development Director (Randy) Stevenson and I went to that property and met with Mr. Garcia, who is the owner. We gave him some details on what the parameters of the Fence Permit were and how the fence was to be maintained. We provided that to him that day. At that time, Mr. Stevenson determined that the fence was not properly affixed to support posts, and it was determined that the posts needed proper anchors. Mr. Garcia has called me once, that was on April 1 of this year to further discuss the issue. Being as it is though, this issue surrounds itself on how the fence is constructed. I instructed him to call Mr. Stevenson as he had more intimate knowledge of how the permitting requirements were stated, and I directed him in that direction. Again, the Notice of Code Violation letter was mailed Certified on March 7, 2016. It was received by an unknown recipient because the signature is illegible and Code Board Hearing Notice was mailed March 28'I' of this year, signed for by Mr. Garcia. It was also Posted at the residence and City Hall March 25ffi of this year." Next, Captain Deisler referred to photographs from "WS-1" with additional comments. Captain Deisler mentioned that Mr. Bobby Howell, Planner, Community Development Department was present to answer any questions regarding that Permit and how that fence is to be constructed. Captain Deisler concluded, "Based upon the presentation, I recommend you find the property in Violation of the Code and impose a Fine of fifty dollars ($50.00) per day if found in Non-Compliance. I would give them until May 26ffi of this year to comply." Discussion followed on obtaining Fence Permits in the City. Vice-Chairperson Matthew Criswell then asked, "What are the guidelines for repairs?" Mr. Bobby Howell answered, "If the amount of the repairs exceeds a hundred dollars ($100.00) in value, you have to get a Permit. If they do not exceed a hundred dollars ($100.00) in value, there is no Permit required." Additional comments followed regarding fence material and distance from property lines. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 4 OF 23 Senior Attorney Jennifer Nix commented, "I know that three inches (3") from the property line has been mentioned and I saw that this was Noticed I believe, for Sections 6-195. for Maintenance, was it also Noticed for distance from the property line? I just want to make sure that I counsel the Board, that since the property wasn't Noticed for the distance from the property line section, that the Board only considers the Maintenance of the Fence or Walls issues that are being presented by Code Enforcement." 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 MAY 26TH, 2016 TO CORRECT THE VIOLATION. IN THE EVENT THAT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF FIFTY DOLLARS ($50.00) 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 VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. ❖❖ AGENDA NOTE: PUBLIC HEARINGS —NEW CASES AGENDA ITEM 11502" WAS HEARD NEXT,AS NOTED DURING AGENDA CHANGES. ❖❖ PUBLIC HEARINGS - NEW CASES PUBLIC HEARINGS-NEW CASES 502. Code Enforcement Division—Police Department CASE #2016CE000436 Irma R. Rodriguez 110 North Devon Avenue Winter Springs, Florida 32708 IPMC 304.7 Roofs And Drainage. Inspector: Code Officer Terri Guerra Code Officer Terri Guerra, Code Enforcement Division, Police Department introduced the Case and submitted into Evidence, "'WS-I' which is the presentation." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 5 OF 23 Officer Guerra testified, "On February 15th, 2016, I observed a tarp covering the entire roof NCV (Notice of Code Violation) was sent to the owner on record on February 29th, 2016. The letter was returned on February 29th, 2016. I posted a NCV (Notice of Code Violation) at the property. On the same date I received a call from the tenant advising that he would have the owner of the property call me, which she did not call. On March 20, 2016 I sent a Notice of Code Board to the owner of the property and also Posted the Notice at the property and City Hall. On April 22nd, 2016 the Notice of Code Board was Returned." Officer Guerra then referenced photographs from "WS-1"with additional comments. Officer Guerra concluded, "There has been no contact from the owner until tonight. I am recommending a Fine of one hundred dollars ($100.00) a day be imposed if the Violation is not corrected by May 17th this year." Vice-Chairperson Criswell asked, "What significance is the date of May 17th?" Officer Guerra replied, "It's just plenty of time for the Notices to get to the owner." Ms. Irma Rivera Rodriguez, 110 North Devon Avenue, Winter Springs, Florida: addressed the roof covering and stated, "I bought it at Home Depot and it's new and I thought it was nice, so I wanted to make a different style because in Kissimmee, the houses over there, they like that. So, I wanted to buy that and that's new, there's no leak. The people that are living there now, they're happy and there's no complaints and there's no leak whatsoever, so I don't understand who put in the complaint, you understand?" Much discussion on permitting and working without a Permit followed. Senior Attorney Nix remarked, "The Board definitely needs to look at exactly what the Notice of Violation was and I would leave it up to the Officer to go ahead and explain how this person is potentially in Violation." Officer Guerra explained, "Well, I thought it was a tarp. I'm not a roof expert. I don't know what goes underneath the roof, I'm not sure. So, it looked like something was attached down and it didn't look like there's shingles or anything covering, so that's why I went with the tarp." Senior Attorney Nix read Section 304.7 of the International Property and Maintenance Code from the Officer's Notice of Code Violation, "The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in a good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. So that's the content of the text that you all are referring to." Further discussion on permitting ensued. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 6 OF 23 Ms. Rodriguez then said, "The people that are living there, they know that I'm fixing the roof and they're happy. They haven't said nothing because they don't have no leak inside the house — I put caps in lines and lines like that. It's not just the, how you call, tar, it's not just that. Also, I have the—nails, all around by line and all around. So, it's put in right." Board Member Dennis Robinson inquired, "Can we recommend that she goes to the Building Department,pull a Permit and have them come out and re-inspect it and then we take another look at it?" Vice-Chairperson Criswell noted, "We have to find her in Violation of this or not find her in Violation of this and then we can proceed I think with that. If we were to find something in Violation today, she would not be able to get it fixed by the 17th of May. It would take too long for the permitting process, we're talking a little over three (3) weeks." Note: The Respondent was present. "I WOULD MAKE A MOTION TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MAY 26TH 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 VICE-CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. BRIEF COMMENTS ENSUED ON ACTIONS TO BE TAKEN BY THE RESPONDENT, TO WORK WITH CODE ENFORCEMENT STAFF, AND TO CORRECT THE VIOLATION. SPEAKING TO THE RESPONDENT, VICE-CHAIRPERSON CRISWELL ASKED, "DO YOU UNDERSTAND WHAT THAT MEANS? SO, RIGHT NOW WE HAVE FOUND YOU IN VIOLATION OF THIS CODE AND WHAT YOU NEED TO DO IS NOW SUBMIT TO THE CITY BUILDING DEPARTMENT A PERMIT — DOES NOT MATTER IF YOU PUT THE ROOF ON BY YOURSELF OR YOU HIRE A COMPANY — YOU HAVE TO HAVE A PERMIT. THEY WILL SEND AN INSPECTOR OUT TO LOOK AT IT, THEY WILL DETERMINE WHETHER OR NOT THAT IS PUT ON - YOU WILL HAVE TO SUBMIT MANUFACTURER SPECIFICATIONS." ADDITIONAL COMMENTS FOLLOWED. MS. RODRIGUEZ ASKED, "WHEN IS THAT?" VICE-CHAIRPERSON CRISWELL RESPONDED, "YOU WILL HAVE TO GO DO THAT, THERE IS NO `WHEN' — WE ARE GIVING YOU THIRTY (30) DAYS FROM TODAY'S DATE TO GET THIS DONE." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 7 OF 23 DISCUSSION ENSUED ON THE SET TIMEFRAME, THE LIEN REDUCTION REQUEST PROCESS, AND THE CASE BROUGHT BACK AS A NON- COMPLIANCE CASE. VOTE: VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER BROWN: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. Chairperson Roero addressed Ms. Rodriguez about starting the permitting process tomorrow and thanked her for being here. ❖❖ AGENDA NOTE: PUBLIC HEARINGS —NEW CASES AGENDA ITEM "506" WAS HEARD NEXT, AS NOTED EARLIER DURING AGENDA CHANGES. ❖❖ PUBLIC HEARINGS — NEW CASES PUBLIC HEARINGS-NEW CASES 506. Code Enforcement Division—Police Department CASE #2016CE000287 William D. Leaton 1425 Spalding Road Winter Springs, Florida 32708 City Code 6-195.—Maintenance Of Fences Or Walls. Inspector: Code Officer Rich McLaren Code Officer Rich McLaren, Code Enforcement Division, Police Department introduced this Case and submitted into Evidence "WS-1". Officer McLaren then testified, "February 4th, 2016 I observed a portion of the fence along the right side of the house lying down. A written warning was left at the residence. On February 13th, 2016 the fence was still not repaired, Notice of Code Violation was Posted at the residence and mailed Certified Return Receipt Requested. I spoke with the homeowner via telephone. He stated he was in the process of getting it fixed. April 1St, 2016 was Posted for Code Board and Notice of Code Board was sent to the owner Certified Mail Return Receipt Requested as well as Posted at City Hall. Homeowner called to say he was in the process of getting it repaired and it would take two (2)to three (3)more weeks." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 8 OF 23 Officer McLaren referred to photographs from "WS-1" with additional comments. Officer McLaren remarked, "I recommend the homeowner be given until May 6"', 2016 to come into Compliance or a Fine of fifty dollars ($50.00) a day be imposed." Additional comments referring to the photographs followed. Board Member Robinson said, "So is that the only fix up they need? Is to turn that around and attach it to the fence, that is it?" Officer McLaren confirmed, "Yes." Mr. William D. Leaton, 4168 East Danby Court, Winter Springs, Florida: commented, "What you're seeing there, the pictures, is actually the gate had come off the hinges and I did get in touch with — Richard and I told him that I was in the process of getting repaired. By being repaired, I'm replacing the entire fence; I'm not just replacing the gate." Additional comments on the processes with the Homeowner's Association and the City. Mr. Leaton continued, "Aside from that, yes you are correct, that is a gate that is not— I put it up myself because I didn't want it sitting there because the Homeowner's Association does cut the lawn and I didn't want them running over it. I suspect the lawn people knocked it down getting their lawn in and out of there and going back we are replacing the entire fence around the property." Discussion on how long it would take for the fence to be completed ensued. Vice-Chairperson Criswell asked, "What date would you need to come into Compliance?" Mr. Leaton answered, "Okay, I'll give you a date, May 30''." Further discussion on dates continued. Vice-Chairperson Criswell then inquired, "What is that fence closed - is there a pool behind there? Is it just an empty lot?" Mr. Leaton responded, "It's a backyard." Vice-Chairperson Criswell further stated, "Is there a pool in the backyard?" Mr. Leaton responded, "No." Mr. Leaton then referenced the photographs from "WS-1"with additional comments. Note: The Respondent was present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL MAY 6TH TO CORRECT THAT VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY WITH THIS DATE, A FINE IN THE AMOUNT OF FIFTY DOLLARS ($50.00) PER DAY FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. MR. LEATON CLARIFIED, "THE COMPLIANCE IS, I MOVE THAT GATE BEHIND, AND WE'RE DONE?" VICE-CHAIRPERSON CRISWELL CONFIRMED, "YES, SIR." ADDITIONAL COMMENTS. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 9 OF 23 VOTE: BOARD MEMBER BROWN: AYE VICE-CHAIRPERSON CRISWELL: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. ❖❖ AGENDA NOTE: PUBLIC HEARINGS —NEW CASES AGENDA ITEM "504" WAS NEXT DISCUSSED, AS NOTED PREVIOUSLY DURING AGENDA CHANGES. ❖❖ PUBLIC HEARINGS -NEW CASES PUBLIC HEARINGS-NEW CASES 504. Code Enforcement Division—Police Department CASE #2016CE000297 Armand And Devina Kadrichu 1630 Winter Springs Boulevard Winter Springs, Florida 32708 IPMC 304.7 Roofs And Drainage. IPMC 304.13 Window, Skylight And Door Frames. IPMC 404.4 Bedroom And Living Area Requirements. IPMC 504.3 Plumbing System Hazards. IPMC 604.3 Electrical System Hazards. Inspector: Code Officer Rich McLaren This Case was introduced by Code Officer McLaren and submitted into Evidence, "WS- I". Officer McLaren testified, "February 50', 2016 I received a complaint from a resident who is a tenant, renting the house, about a possible sinkhole or foundation issues, as the floor appeared to be separating. On that date, I performed an inspection with Jay Abel, Building Inspector, (Building Division, Community Development Department) for the City of Winter Springs. We observed issues that the flooring was substandard, substandard flooring and the installation of it, there was no sinkhole issues or foundation issues. It was determined that there were water leaks throughout the interior of the house and ceiling and possibly in the bedroom area where the air conditioning unit was housed. The electrical breaker panel was not properly marked and there was black tape covering the missing breaker on the panel. The back patio area had leaks around each skylight that were in a covered area. Under the kitchen sink, the plumbing was not up to Code, as there was a radiator hose utilized, water leaks were evident, and there was exposed wiring. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 10 OF 23 Notice of Code Violation was sent to the owner of record on February 6th, 2016. The owner of record shows the address of the Violation, however, they do not live there. The tenant did state that she was not going to accept the Notice and it was Re-Posted at the house on February 9th of 2016. I spoke with Mr. Al Campbell of Orlando Cribs, LLC who stated he was the manager of the Property. Notice of the Code Violation was sent to him by Certified Return Receipt Mail. I've spoken with Mr. Campbell from the company Orlando Cribs [LLC] on multiple occasions; they say they've had several repair companies out to fix each Violation. March 30th, 2016, before the re-inspection of the Residence with Mr. Abel upon the request of Mr. Campbell who said that all Violations were fixed; we found the — only issue resolved was the wiring under the sink and the black tape removed from the breaker panel. It was Posted for Code Board on March 31", 2016 at the residence and City Hall and Notice sent by Certified Return Receipt." Code Officer McLaren then referenced photographs from "WS-1" with additional comments. Continuing, Code Officer McLaren stated, "I recommend the Code Board give the Respondent until May 20th, 2016 to come into full Compliance or a Fine of two hundred and fifty dollars ($250.00) a day be imposed." Brief discussion on cable wire and the air handler followed. Ms. Patty Rowell, 1630 Winter Springs Boulevard, Winter Springs, Florida: was sworn in by Assistant to the City Clerk Della Donna and then addressed the Code Enforcement Board. Tape 1/Side B Ms. Rowell testified, "My daughter and I rented this home on February 15th of 2015. Many of these Violations were recorded as a move-in problem. The floorboards, the water damage I wasn't aware of until January 17th of 2016. All of the other Violations have been present throughout and I've had a very difficult time getting the landlord to maintain anything around the house." Continuing, Ms. Rowell provided some background on her moving and rental experience with the Respondent and added, "We're currently in a civil suit; they're trying to evict me so they don't have to make these repairs and I'm very grateful, very grateful, to the Code Board for following through on this." Ms. Roswell commented further on the state of the property and that she had recently moved her daughter and granddaughter into temporary housing. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 11 OF 23 Ms. Rowell mentioned, "You can see when you walk through the house that they were well aware of damage to the house and they just painted over it. So — they know and there are actually animals living in the roof, as well." Further remarks. 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 MAY 20TH, 2016 TO CORRECT THE VIOLATIONS. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER BROWN: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. ❖❖ AGENDA NOTE: PUBLIC HEARINGS — REPEAT CASES AGENDA ITEM 11400" WAS HEARD NEXT AS NOTED DURING AGENDA CHANGES, FOLLOWED BY THE REST OF THE AGENDA. ❖❖ PUBLIC HEARINGS AGENDA-REPEAT CASES PUBLIC HEARINGS-REPEAT CASES 400. Code Enforcement Division—Police Department CASE #2016CE000778 Savannah B. Day 712 Highgate Drive Winter Springs, Florida 32708 City Code 13-2.(c) Overgrown Yard Inspector: Code Officer Terri Guerra Code Officer Guerra introduced this Case and submitted into Evidence, "'WS-l', the presentation." Code Officer Guerra then testified, "March 171h, 2016, I observed grass overgrown at the property. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 12 OF 23 Due to the property being taken to Code Board on February 24th, for the same offense, I immediately Posted the property and City Hall for Code Board and sent a Certified letter to the owner of the property. The Code Board Notice was returned. On April 21st, 2016, the grass was cut by a contractor. Notice of Remedy was Posted at the property and mailed to the owner." Code Officer Guerra referred to photographs from "WS-1" with additional remarks. Code Officer Guerra continued, "To this date there has been no contact from the owner of the property. I am recommending a Fine of one hundred dollars ($100.00) a day be imposed on the owner of the property from the date of the Posting of Code Board until the remedy was completed; its forty-eight(48) days." Brief discussion ensued regarding the previous instances this property had come before Code Enforcement Board. Code Officer Guerra then submitted Case notes into Evidence. Board Member Robinson referred to the photographs from "WS-1" with additional comments. Captain Deisler added, "The reason why the grass gets cut is because we end up having to cut it. They have taken no action on this property whatsoever. It's remediated by us and then we're back to square one which is why we're back here now." Discussion. Vice-Chairperson Criswell and Board Member Giltz asked for clarification regarding the first day of the Violation. Code Officer Guerra confirmed, "March 17th, when I observed it." Senior Attorney Nix inquired about the number of days of the Violation. Vice- Chairperson Criswell stated, "Thirty-five (35) days." Additional comments followed. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT COMMITTED A REPEAT VIOLATION OF THE CITY CODE, AND THAT THE VIOLATION IS CURRENTLY CORRECTED. THE RESPONDENT CORRECTED THE VIOLATION ON APRIL 21sT, 2016; HOWEVER, A FINE IN THE AMOUNT OF THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500.00) SHALL BE IMPOSED AS A RESULT OF A REPEAT VIOLATION." MOTION BY VICE- CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: VICE-CHAIRPERSON CRISWELL: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER POE: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 13 OF 23 PUBLIC HEARINGS - NEW CASES PUBLIC HEARINGS-NEW CASES 501. Code Enforcement Division—Police Department CASE #2015CE002509 Jack D. Eck Heirs 210 Shore Road Winter Springs, Florida 32708 City Code 6-195.—Maintenance Of Fences Or Walls. Inspector: Code Officer Terri Guerra This Case was introduced by Code Officer Guerra and submitted into Evidence, `WS-1', the presentation. Code Officer Guerra testified, "On August 25th, 2015, I observed grass was overgrown and the right side of the fence was in disrepair. On February 22'hd, 2016, a Notice of Code Violation was sent to the owner on record and Posted at the property and City Hall. On the same date I called the number posted at the property for Field Asset Company. They advised they would get someone out there to the property as soon as possible. The letter was Returned. On March 16th, 2016, I attempted to call the asset company again. I left a message, no one's called back. On March 23rd, 2016, 1 sent a Code Notice to the owner on record and also Posted at the property and City Hall. The letter was Returned. The grass has been kept up at this time, but the fence is still in disrepair." Code Officer Guerra referred to photographs from "WS-1" and offered further remarks. Concluding, Code Officer Guerra said, "There has been no contact from the asset company or the owners of the property at this time. I am recommending that a Fine of fifty dollars ($50.00) a day be imposed if the Violation is not corrected by May 17tH, 2016." Additional comments. Note: The Respondent was not present. "I MAKE A MOTION THAT WE FIND THEM FOR VIOLATION OF CITY CODE 6-195. FOR MAINTENANCE OF FENCES OR WALLS, GIVEN UNTIL MAY 17TH, 2016, TO REPAIR OR THEY WILL BE ASSESSED A FIFTY DOLLAR ($50.00) A DAY FINE AFTER THAT, THAT'S FOR THE FIELD ASSET COMPANY." MOTION BY BOARD MEMBER ROBINSON. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VICE-CHAIRPERSON CRISWELL ASKED, "WOULD IT GO TO THE FIELD ASSET COMPANY OR JUST GO THE HEIRS OF JACK D..." SENIOR ATTORNEY NIX NOTED, "...IT'S GOING TO BE THE OWNER. WHOMEVER THE OWNER IS CURRENTLY, THE HEIRS OF JACK ECK." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 14 OF 23 BOARD MEMBER ROBINSON SAID, "I WANT TO AMEND THAT, NOT TO THE FIELD ASSET COMPANY, I THOUGHT THEY WERE THE HEIRS OR REPRESENTING THE HEIRS. WE WILL SEND IT TO THE OWNERS." AMENDMENT TO THE MOTION BY BOARD MEMBER ROBINSON. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: (AMENDMENT) BOARD MEMBER BROWN: AYE BOARD MEMBER POE: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE VICE-CHAIRPERSON CRISWELL: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION,AS AMENDED) BOARD MEMBER BROWN: AYE BOARD MEMBER POE: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE VICE-CHAIRPERSON CRISWELL: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 503. Code Enforcement Division—Police Department CASE #2016CE000515 Jimmy L.Vessels 239 Oak Road Winter Springs, Florida 32708 IPMC 302.1 Sanitation. IPMC 304.2 Protective Treatment. IPMC 304.9 Overhang Extensions. City Code 13-2.(c) Overgrown Yard Inspector: Code Officer Terri Guerra Code Officer Guerra introduced the Case and submitted into evidence, "'WS-1, the presentation." Code Officer Guerra testified, "On February 23rd, 2016, I observed what appeared to be a vacant residence, with black growth on the front of the residence. The grass was overgrown and there was no protective treatment on the wood in the front of the garage area. Also, the overhang extensions were falling near the garage. NCV (Notice of Code Violation) was sent to the owner on record. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 15 OF 23 On February 27th, 2016, the NCV (Notice of Code Violation) was signed for by Kerry Vessels. On March 24th, 2016, Code Board Notice was sent to the owner and also Posted at the property and City Hall. On March 28th, 2016, the United States Postal Service website advised the Notice was — not left because there was no authorized recipient. All the Violations have been corrected except for the wood being near the garage that has no protective treatment on it. To this date, the owner has not contacted me." Code Officer Guerra referred to photographs from "WS-1" and offered additional comments. Vice-Chairperson Criswell inquired, "So, IPMC 304.2, Protective Treatment is the only thing now?" Code Officer Guerra said, "Yes" and again referred to photographs from "WS-1". Remarks continued. Concluding, Code Officer Guerra noted, "I am recommending the owner of the Property be Fined fifty dollars ($50.00) a day if the Violation is not corrected by May 17th, 2016." Chairperson Roero asked, "What would they have to do, paint it or cover it?" Code Officer Guerra replied, "Yes, that's it." Additional comments followed. 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 MAY 17TH, 2016, TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF FIFTY DOLLARS ($50.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE-CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. SENIOR ATTORNEY NIX ADDED, "I JUST WANT TO VERIFY WITH THE CITY, YOU'RE ONLY PURSUING 304.2, CORRECT?" BOARD MEMBER POE STATED, "YES." VOTE: CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 16 OF 23 PUBLIC HEARINGS-NEW CASES 505. Code Enforcement Division—Police Department CASE #2016CE000492 Jamie Boccia 107 Albert Street Winter Springs, Florida 32708 City Code 12-53.—Abandonment Of Motor Vehicles Prohibited. Inspector: Code Officer Rich McLaren This Case was not heard. PUBLIC HEARINGS AGENDA- NON-COMPLIANCE CASES PUBLIC HEARINGS-NON-COMPLIANCE CASES 600. Code Enforcement Division—Police Department CASE#2015CE003406 Armando Rivera And Gladys Torres 227 Sherry Avenue Winter Springs, Florida 32708 IPMC 304.7 Roofs And Drainage. Original Hearing: February 23, 2016 Inspector: Captain Chris Deisler Captain Deisler introduced the Case and submitted into Evidence, "WS-1" and testified, "We brought this Case before you folks in February of this year. Residence has a tarp covering part of the roof. During that meeting the Board found the Property in Violation and gave them until March 23rd of this year to comply." Next, Captain Deisler remarked, "Your Board Order calls for a hundred dollars ($100.00) a day Fine for Non-Compliance. I have not had any contact with the owners of the property to date. Notice of this — Non-Compliance Hearing was mailed Certified to the owners, Posted on the property and Posted here at City Hall, all on March 24th of this year. The letter was Returned as not deliverable. I recommend the Board impose a Lien on the property as outlined in your Order from the original Hearing in a hundred dollars ($100.00) per day from February 23rd, 2016, until the property comes into Compliance." Captain Deisler then referred to photographs from "WS-1"with further comments. Additional discussion regarding if the property was vacant ensued. Senior Attorney Nix clarified, "What you're essentially asking for is an Order that they're in Non-Compliance and that the daily Fine be imposed until it comes into Compliance?" Captain Deisler agreed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 17 OF 23 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 PREVIOUS ORDER DATED FEBRUARY 23, 2016 SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY VICE- CHAIRPERSON CRISWELL. DISCUSSION. VOTE: BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE BOARD MEMBER BROWN: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS-NON-COMPLIANCE CASE 601. Code Enforcement Division—Police Department CASE#2015CE001199 Scott Roberts 311 South Edgemon Avenue Winter Springs, Florida 32708 City Code 13-2.(a) Unsightly Matter City Code 13-2.(b) Junk And Debris City Code 6-195.—Maintenance Of Fences Or Walls. Original Hearing: August 25,2015 Inspector: Corporal Jim Flannigan And Captain Chris Deisler Captain Deisler introduced the Case and submitted into Evidence, "WS-1" and remarked, "This Case was originally brought to you folks by Corporal (Jim) Flannigan prior to his transfer back to the Operations Bureau". Captain Deisler then testified, "It was originally brought to you for the Violations I said earlier; there have been really no improvements to the condition of this property. The fence has gotten slightly worse. The Notice of this Hearing was actually hand delivered to Mr. (Scott) Roberts by Officer (Terri) Guerra on April 4t'this year, so he's aware, and I actually spoke to him today." The photographs from 'WS-l' were addressed by Captain Deisler who offered additional comments. Captain Deisler concluded, "I recommend the Board impose the Lien on the Property as outlined in your Order at two hundred dollars ($200.00) a day." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 18 OF 23 Discussion regarding the owner and needed improvements ensued. Senior Attorney Nix pointed out, "I just want to remind the Board of course to contain an Order to whether or not it's in Compliance and the Finding." Discussion regarding Fines and Liens on the Property, as well as City Code followed. Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON-COMPLIANCE AND THAT THE PENALTY SET FORTH IN THIS BOARD'S PREVIOUS ORDER, AUGUST 25TH, 2015 SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER BROWN: AYE VICE-CHAIRPERSON CRISWELL: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS-NON-COMPLIANCE CASES 602. 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 108.1.1 Unsafe Structures. IPMC 304.13 Windows, Skylight And Door Frames. IPMC 304.18 Building Security. IPMC 304.2 Protective Treatment. IPMC 304.8 Decorative Features. IPMC 704.2 Smoke Alarms. Original Hearing Date: March 22, 2016 Inspector: Code Officer Rich McLaren Code Officer McLaren introduced this Case and submitted into Evidence "WS-1". CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 19 OF 23 Then, Code Officer McLaren testified, "Just a quick overview, the Case was started on January 26th, 2016 for unsafe structure. We found that all the doors and windows were missing with plywood put up in its place, most of which has been pried off the building— access is available in multiple areas of the building. Inside of the building has 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 extensive amounts of both yard waste and household garbage. The sign in front of the building is in disrepair and no visible building numbers can be found. Due to the public safety issue of yard waste and junk and debris, Intent to Remedy was sent Certified Return Receipt to the owner of the Property and on February 1St, 2016, I spoke via telephone with a representative from the company who stated he was aware of the issue and would make 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, and it was Posted for Code Board on March 2"d, 2016. No Violations to this date have been rectified. It was Posted for Non-Compliance Hearing on April 7th, 2016. I've spoken with an Aaron Reed, representative from Standard Pacific on several occasions. The company is making arrangements at this time to have it demolished and as of April 19th, 2016, 1 was notified by Mr. Reed that there is an asbestos hazard inside the building at this time." Code Officer McLaren referred to photographs from "WS-1" and additional comments followed. Concluding, Code Officer McLaren stated, "I request the Code Board impose the Fine of two hundred and fifty dollars ($250.00) a day from the adjudication of the original Hearing on March 22, 2016, as such the item be entered as a Lien. Vice-Chairperson Criswell inquired, "Do we know if any Permits have been submitted yet for demolishing?" Code Officer McLaren summarized the Respondent's confusion about obtaining Permits and indicated, "He seems to be on the right track at this time." Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON-COMPLIANCE AND THAT THE PENALTY SET FORTH IN THIS BOARD'S PREVIOUS ORDER, DATED MARCH 22ND, 2016 SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY VICE-CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 20 OF 23 VOTE: VICE-CHAIRPERSON CRISWELL: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS-NON-COMPLIANCE CASES 603. Code Enforcement Division—Police Department CASE #2015CE003218 Timothy And Amy Von Der Heyde 255 East Panama Road Winter Springs, Florida 32708 City Code 13-2.(b) Junk And Debris City Code 20-411.(b) Camper, Camp Trailers, Boats And Trailers City Code 6-195.—Maintenance Of Fences Or Walls. IPMC 304.2 Protective Treatment. Original Hearing Date: February 23,2016 Inspector: Code Officer Rich McLaren Introducing this Case, Officer McLaren submitted into Evidence, "WS-1" and testified, "I observed overgrown yard, a fence in need of repair in several sections, signage in the front of the house missing, a utility trailer parked in the driveway in front of the house. Also, windows leaning up against the front of the house. The original Notice of Code Violation was mailed Certified Return Receipt on October 29th, 2015. The Certified Mailing returned Unclaimed; the property Posted with Notice of Code Violation. The property was re-Posted with an updated Violations on — December 30th, 2015. This grass was mowed and utility trailer appeared in the driveway. No Violations have been addressed at this time. It was Posted for Non-Compliance on March 10, 2016 and no contact was made with any property owner and or resident." Referring to photographs from "WS-I", Code Officer McLaren offered some further comments and concluded, "I request the Code Board impose the Fine of two hundred and fifty dollars ($250.00) a day from the adjudication of the original Hearing date of March 23, 2016 such items be entered as a Lien." Additional comments regarding the date followed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 21 OF 23 "I MOVE TO FIND THE PROPERTY IN NON-COMPLIANCE AND THAT THE PENALTY SET FORTH IN THIS BOARD'S — PREVIOUS ORDER DATED, SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER ROBINSON: AYE VICE-CHAIRPERSON CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS-NON-COMPLIANCE CASES 604. Code Enforcement Division—Police Department CASE #2015CE003439 LaDonne Wightman Life Estate 967 North Wedgewood Drive Winter Springs, Florida 32708 City Code 6-4.—Violations. (No Permit) IPMC 304.14 Insect Screens. Original Hearing Date: February 23, 2016 Inspector: Code Officer Rich McLaren Code Officer McLaren introduced the Case and submitted into Evidence, "WS-1". Code Officer McLaren testified, "Upon complaint from a neighbor, I observed a large tear in the insect screen of a pool enclosure. Pool appears to be stagnant; it needs to be cleaned in addition to the left side of the house that was not permitted. The house is vacant at this time. Notice of Code Violation was mailed Certified Return Receipt on November 23rd, 2015 and it was Returned Unclaimed. The property was Posted on December 30d`, 2015. No Violations have been addressed at this time by the owner of the property; no contact has been made with the resident or homeowner. The pool was drained by Public Works on March 10 , 2016, and Notice of Remedy was Posted at the residence and Mailed Certified Return Receipt, requested to the owner of the property. The residence was also Posted for Non-Compliance Hearing on that date." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 26,2016 PAGE 22 OF 23 Offering further comments Code Officer McLaren referenced photographs from"WS-1". Code Officer McLaren recommended, "I'm requesting the Code Board impose a Fine in the amount of two hundred and fifty dollars ($250.00) per day from the adjudication of the original hearing date on February 23rd, 2016, and such item be entered as a Lien." Vice-Chairperson Criswell asked, "Did we ever find out if anybody lived at that one, either?" Code Officer McLaren answered, "The house is vacant at this time." Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON- COMPLIANCE AND THAT THE PENALTY SET FORTH IN THIS BOARD'S PREVIOUS ORDER DATED FEBRUARY 23, 2016, SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY VICE-CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER ROBINSON: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER POE: AYE BOARD MEMBER BROWN: AYE VICE-CHAIRPERSON CRISWELL: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 700. Not Used Just before the meeting concluded, Assistant to the City Clerk Della Donna reminded the Code Enforcement Board Members of a forthcoming Workshop. Board Member Robinson informed the Board he would be unable to attend the June meeting. Next, Board Member Giltz added she will not be able to attend the May and June meetings. Tape 2/Side A CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—APRIL 26,2016 PAGE 23 OF 23 ADJOURNMENT Chairperson Roero adjourned the Regular Meeting at 7:05 p.m. RESPECTFULLY SUBMITTED: ANTONIA DELLA DONNA ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the May 24,2016 Code Enforcement Board Regular Meeting.