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HomeMy WebLinkAbout2016 07 26 Consent 200 Unapproved Minutes from the June 28, 2016 Meeting CODE ENFORCEMENT BOARD AGENDA ITEM Informational ITEM 200 Consent X Public Hearings Regular July 26, 2016 Regular Meeting REQUEST: The Office Of The City Clerk Requests That The Code Enforcement Board Review And Approve The Tuesday, June 28, 2016 Code Enforcement Board Regular Meeting Minutes. ATTACHMENT(S): A. Unapproved Copy Of The Tuesday, June 28, 2016 Code Enforcement Board Regular Meeting Minutes (21 pages) CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 28, 2016 CALL TO ORDER The Regular Meeting of Tuesday, June 28, 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, absent [Excused] Board Member Maurice Kaprow, present Board Member Bill Poe,present Board Member Rick Brown, absent [Excused] Board Member Dennis Robinson, absent [Excused] 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 — REPEAT CASES 11400" and PUBLIC HEARINGS — NEW CASES "501", would not be heard, and indicated PUBLIC HEARINGS — NEW CASES 1150311, "505999 66502"9 "504999 "500" would be heard first, followed by the rest of the Agenda. No objections were noted. Ms. Antonia Della Donna, Assistant to the City Clerk mentioned that the May 24, 2016 Code Enforcement Board Workshop Minutes should have been noted as Consent "201" on the Agenda. (These Minutes would reflect the correct numbering.) Assistant to the City Clerk 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-JUNE 28,2016 PAGE 2 OF 21 CONSENT AGENDA ` CONSENT 200. Office Of The City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Review And Approve The Tuesday, May 24, 2016 Code Enforcement Board Regular Meeting Minutes. ON THE APPROVAL OF THE TUESDAY, MAY 24, 2016 CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES, "MOTION TO APPROVE THE MINUTES AS CIRCULATED." MOTION BY BOARD MEMBER POE. SECONDED BY VICE-CHAIRPERSON CRISWELL. DISCUSSION. VOTE: VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE MOTION CARRIED. CONSENT 201. Office Of The City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Review And Approve The Tuesday,May 24, 2016 Code Enforcement Board Workshop Minutes. RELATED TO THE APPROVAL OF THE TUESDAY, MAY 24TH, 2016 CODE ENFORCEMENT BOARD WORKSHOP MINUTES, "I WILL RECOMMEND APPROVAL AS CIRCULATED." MOTIONED BY BOARD MEMBER POE. SECONDED BY VICE-CHAIRPERSON CRISWELL. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA- CONTINUED CASES PUBLIC HEARINGS-CONTINUED CASES 300. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 28,2016 PAGE 3 OF 21 ❖❖ AGENDA NOTE: PUBLIC HEARINGS — REPEAT CASES AGENDA ITEM "400"WAS NOT HEARD,AS NOTED PREVIOUSLY. ❖❖ _. PUBLIC HEARINGS AGENDA-REPEAT CASES PUBLIC HEARINGS-REPEAT CASES 400. Code Enforcement Division—Police Department CASE #2016CE001445 Savannah B.Day 712 Highgate Drive Winter Springs, Florida 32708 City Code 13-2.(c) Overgrown Yard Inspector: Code Officer Rich McLaren This Case was not heard. ****v* AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS — NEW CASES AGENDA ITEMS ARE ADDRESSED IN THE ORDER THAT FOLLOWS, AS NOTED DURING AGENDA CHANGES, FOLLOWED BY THE REST OF THE AGENDA. ❖❖ PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS-NEW CASES 503. Code Enforcement Division—Police Department CASE#2016CE000558 Andrew T.And Mary B. Woodcock 1626 White Dove Drive Winter Springs, Florida 32708 City Code 20-439.(f) When Site Construction Permit Required. Inspector: Code Officer Terri Guerra Code Officer Terri Guerra, Code Enforcement Division, Police Department introduced the Case and submitted into Evidence, "'WS-l' the slideshow and 'WS-2' is the Return Receipt." Code Officer Guerra testified, "On March 22nd, 2016 the front driveway was removed and just dirt remained. On March 31St, 2016 a new driveway had been installed. I checked with Permitting and there was no Permit pulled for the new driveway. June 2nd, 2016 NCV [Notice of Code Violation] was sent to the owner of the property. June 6th, 2016 the NCV [Notice of Code Violation] Certified Letter was signed for by Mary Woodcock. On June 13`I', 2016 the Notice of Code Board was Posted at the property and City Hall. On June 16t1i, 2016 the Notice of Code Board Certified Letter was signed for by Mary Woodcock." Additional comments. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 28,2016 PAGE 4 OF 21 Code Officer Guerra stated, "I've had several conversations with Mr. Woodcock since the Case has been started. Mr. Woodcock was not aware that he needed a Permit. The person that installed the driveway did not inform him and is now refusing to get a Permit. I am recommending the owner of the property be given until July 19th, 2016 to obtain a Permit. If one is not obtained, a fifty dollar($50.00) Fine a day be imposed." Ms. Mary Brent Watson, 1626 White Dove Drive, Winter Springs, Florida: testified, We wanted to request a continuance so that we can continue to work through our — Attorney to compel the Contractor to get the Permit. We were not aware, as Ms. Guerra mentioned, that we needed a Permit in order to have this work done and the Contractor didn't inform us that we needed one. We didn't know until we received a Notice of the Violation. When we let the Contractor know, he suggested that we—we get one as an owner/builder and my husband sort of researched what that was about and felt that — that was not representative of the work that was done. It was not a `do it yourself project and was not willing to assume the liability that that would entail and so he went back to the Contractor to insist that he do what he needed to do and pull the Permit and the Contractor continues to refuse to do that. My husband Andy has also been working with the City to understand what the requirements are in order to obtain a Permit after the fact now that the work is already done. I believe he is at the point where he understands and knows what needs to be done for that— and we continue to work with a construction Attorney, Brian Bennett—to kind of guide us as to how to—compel the Contractor to do what he needs to do. We'd like to request a continuation for sixty (60) days to try and get it resolved. As I mentioned, my husband's been admitted to the hospital this morning, we don't know what is going on with him and we're not sure how long that's going to take, July 19th is just kind of quick with the holiday and — his hospitalization, so if we could have more time to get this situated, we'd appreciate it." Additional comments. Vice-Chairperson Matthew Criswell asked, "Would you give us a date?" Ms. Watson answered, "August 28th." Additional remarks about the Contractor ensued. Continuing,Vice-Chairperson Criswell stated, "I don't know that sixty (60) days is going to be sufficient enough." Senior Attorney Jennifer Nix questioned, "I just wanted to check, you know you're asking for a continuance of the Hearing all together, so you're hoping to push this out- two (2) months to the next Hearing, and that's what your request is for the Board for now?" Ms. Watson answered, "Yes." Further remarks regarding the length of time needed to come into Compliance followed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 28,2016 PAGE 5OF21 Board Member Maurice Kaprow inquired of Senior Attorney Nix, "Would it behoove us to subpoena this Contractor?" Senior Attorney Nix responded, "Who's to say whether he'll actually come— I don't know how often you all have issued subpoenas in the past— it's not ultimately that frequent, I think that subpoenas are issued, although that is in within your power to do so, of course; if it's obviously up to you all, but if you want to deem and extend it, whether it's thirty (30) days to the next Hearing, or sixty(60) days to the August Hearing and then at that time you can either give an extended date beyond, what one may typically give to get a Permit come into Compliance, but it's really up to you. I wouldn't necessarily recommend the subpoena route out the gate, right now." Chairperson Roero stated, "What happens if the Contractor totally refuses, continues to refuse to get this Permit?" Senior Attorney Nix responded, "They'd have to work with the City as to that in order to able to obtain a Permit of sorts." Additional comments regarding Fines followed. Note: The Respondent was present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL — AUGUST 28, 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 POE. DISCUSSION. VOTE: CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. Vice-Chairperson Criswell addressed Ms. Watson about who to contact in the City in regards to these issues. Captain Deisler said to the Board and the Respondent, "I would only ask that you keep us involved in your conversation loop because a lot of this is going to be tentative on whether or not we set this for a Non-Compliance Hearing." Further comments followed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 28,2016 PAGE 6 OF 21 PUBLIC HEARINGS-NEW CASES 505. Code Enforcement Division—Police Department '" CASE #2016CE001091 Marcos And Amanda Cruz 701 Sailfish 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 And Overgrown Yard IPMC 304.2 Protective Treatment. IPMC 304.7 Roofs And Drainage. IPMC 304.9 Overhang Extensions. Inspector: Code Officer Terri Guerra Code Officer Guerra presented the Case and submitted into Evidence, "WS-1" the presentation, "WS-2"the Return Receipt, and"WS-3", Permit information. Continuing, Code Officer Guerra testified, "On April 20th, 2016 I received a complaint from the neighbor of the resident regarding the property being stagnant. The grass was overgrown on the property, it appears the resident started an expansion and just stopped any progress. There's exposed plywood and `Tyvek' home wrap all around the outside of the expansion. All of the overhang extensions are exposed on the new addition. There is a tarp on the roof of the garage. There is a pile of boards and a pile of unknown materials under a tarp in front of the addition. There's also miscellaneous tools in the front yard. NCV [Notice of Code Violation] was sent to owner on record. I spoke with Permitting and they advised the owner's Permit had expired in 2014, was the last time, and they said six (6) months after a fail is when it expires. On April 25, 2016 Mr. Cruz signed for the NCV [Notice of Code Violation]. On June 13, 2016 the Notice of Code Board was sent to owner Certified and First Class. The property and City Hall were also Posted with Notice of Code Board. On June 16, 2016 Notice of Code Board was signed for by Mr. Cruz." Code Officer Guerra then referred to photographs from "WS-1" with additional comments. Concluding, Code Officer Guerra stated, "There has been no contact from the owner at this time until tonight. I am recommending owner of the property be Fined two hundred dollars ($200.00) a day if the Violation is not corrected by July 19th, 2016." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 28,2016 PAGE 7 OF 21 Mr. Marcos Cruz, 701 Sailfish Road, Winter Springs, Florida: submitted into Evidence additional photographs and testified, "I have no excuse to have the debris that I had there before, that's been cleaned up, that's inexcusable, and also the poor maintenance of the lawn, that's also been taken care of— that's also inexcusable and I apologize for that; I apologize to my neighbors for that. Last year, we had a really bad end of the year. We had an extension to our Permit, we actually, we had a—our last inspection was a failed because we had some shiners and the ' Inspector came back and had a partial." Mr. Cruz referred to the additional photographs and offered further remarks. F Mr. Cruz continued, "I applied for an extension which expired on January 22°d." With comments related to funding, Mr. Cruz added, "We've already talked to Permitting and we're going to restart again by — September, by the end of September, we're going to — our Permits and continue the process to finish our home." Again, Mr. Cruz referred to photographs and spoke further. Discussion about the project and Permitting followed. Board Member Kaprow asked if the tools and other items had been removed. Mr. Cruz confirmed, "I have removed those — and they are not going to be there anymore." Additional discussion regarding the completion date of the project ensued. Vice-Chairperson Criswell inquired, "So, could this potentially be done by December 31St, [20]16?" Mr. Cruz answered, "I can't really say for certain." Discussion followed. Note: The Respondent was present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF CITY CODE. ORDER THAT RESPONDENT BE GIVEN UNTIL THE 31sT OF DECEMBER 2016, TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THAT DATE, A FINE IN THE AMOUNT OF TWO HUNDRED DOLLARS ($200.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRPERSON CRISWELL. DISCUSSION. BOARD MEMBER KAPROW SAID, "I WOULD ASK THAT BECAUSE WE ARE GIVING MR. CRUZ SIX (6) MONTHS TO DO THIS, ESSENTIALLY, THAT WE NOT TALK IN TERMS OF TWO HUNDRED DOLLARS ($200.00) BUT TO OUR MAX OF TWO HUNDRED AND FIFTY DOLLARS A DAY ($250.00)." BOARD MEMBER POE NOTED, "I WILL — WITHDRAW THE MOTION, IF MR. CRISWELL WILL WITHDRAW HIS SECOND." VICE-CHAIRPERSON CRISWELL SAID, "I WILL." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 28,2016 PAGE 8 OF 21 "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL DECEMBER 31sT, 2016 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." MOTION BY BOARD MEMBER POE. SECONDED BY VICE-CHAIRPERSON CRISWELL. DISCUSSION. ° VOTE: VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE MOTION CARRIED. Vice-Chairperson Criswell addressed the Respondent and remarked about the high amount of fairness he perceived the Board has acted with, considering the extended length of time granted to correct the Violations. Additional comments. PUBLIC HEARINGS-NEW CASES 502. Code Enforcement Division—Police Department CASE#2016CE000742 Grace E. Smith Heirs 140 North Devon Avenue Winter Springs,Florida 32708 City Code 6-195.—Maintenance Of Fences Or Walls. City Code 13-2.(b)Junk And Debris City Code 13-2.(c) Overgrown Yard City Code 20-452.—Home Occupations Or Home Offices. Inspector: Code Officer Rich McLaren Code Officer Rich McLaren, Code Enforcement Division, Police Department introduced the Case and presented into Evidence, "WS-1". Code Officer McLaren testified, "I received a complaint from neighbor in reference to the resident at this property storing items from his landscaping business. Upon inspection of the backyard, which I was legally able to do from the complainant's yard as he is the next door neighbor, I observed a large pile of bagged mulch, I was able to witness and observe a large pile of bagged mulch, numerous sections of— trees that were cut up, and other assorted yard waste, as well as, items piled against the fence and attached to the fence line itself. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 28,2016 PAGE 9 OF 21 For several weeks following the Inspection, I would observe large amounts of yard waste being left at the curb for disposal with the City contracted sanitation service. Due to the property size and lack of vegetation in the backyard, it was improbable it was actually from the residence itself. The Notice of Code Violation was mailed to the residence Certified Return Receipt on March 24"' and Returned Unclaimed. The residence was Posted with Notice of Code Violation on April 22nd, 2016. It was Posted for Code Board on June 1 st of 2016 and '* there's been no contact with the resident or home owner at this time." Code Officer McLaren referred to photographs from"WS-1"with additional comments. Concluding, Code Officer McLaren stated, "I recommend that the resident be given until July 28th, 2016 to come into Compliance or a Fine of two hundred and fifty dollars ($250.00) a day be imposed." Chairperson Roero inquired about the source of the complaint and if the sanitation workers had mentioned anything. Code Officer McLaren stated it was the neighbor calling who made the complaint. Vice-Chairperson Criswell referred to photographs from "WS-1" with additional remarks. Vice-Chairperson Criswell asked, "Does he have an occupational license?" Code Officer McLaren answered, "I haven't checked." Additional discussion about communication with the Respondent followed. Vice-Chairperson Criswell then said, "I did not see any pictures of maintenance of fence or walls, I did not see any pictures of junk and debris, and I really did not see any overgrown yard." Code Officer McLaren remarked, "The overgrown yard — I was running more for unsanitary — due to the fact that he had the materials were it was. Unfortunately, like I said, I could not get a good picture of the maintenance of fence or the junk and debris, for the simple fact is I was able to do it for the fence but it wouldn't have come out in the picture. I would just be testifying for that." Additional discussion about Permits followed. Board Member Kaprow expressed, "If we do not know if he's got a Permit or not, then I do not feel comfortable finding that." Senior Attorney Nix commented, "The one thing that I want to point out as the Notices— while I would presume that it was a typo or mistake, I think you may have intended for a different subsection." Further remarks regarding subsections of City Code 20-452. followed. Vice-Chairperson Criswell voiced his agreement with Board Member Kaprow's earlier statement regarding the Permit. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT HAS NOT VIOLATED THE CITY CODE." MOTION BY VICE-CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 28,2016 PAGE 10 OF 21 VOTE: BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES wftnci 504. Code Enforcement Division—Police Department CASE#2016CE000876 � Racetrac Petroleum Inc. Ryan LLC C/O Rick Perez 3271 North US Highway 17-92 Winter Springs, Florida 32708 City Code 9-374.—Posting Of Numbers. City Code 13-1.—General Prohibition. City Code 13-2.(b)Junk And Debris City Code 13-2.(c) Overgrown Yard And Yard Waste IPMC 108.1.1 Unsafe Structures. IPMC 301.3 Vacant Structures And Land. IPMC 302.3 Sidewalk And Driveways. IPMC 304.15 Doors. IPMC 304.18 Building Security. IPMC 304.2 Protective Treatment. IPMC 304.8 Decorative Features. (Signs) IPMC 304.9 Overhang Extensions. Inspector: Code Officer Terri Guerra First, Code Officer Guerra introduced the Case and submitted into Evidence, "WS-1" the presentation and"WS-2"the Return Receipt. Code Officer Guerra testified, "On March 28th, 2016 I observed a vacant property, which used to be the old Hess gas station, deteriorating. There are no visible building numbers. The bushes and grass are overgrown. There is yard waste all over property and a tarp with other miscellaneous trash scattered around the property. There is also a pile of used tires next to the main building. The front door glass pane is broken allowing access to the interior of the building. The main overhang area covering, where the gas refueling area was, is deteriorating and showing excess amounts of rust in many areas. The old signs that were used to advertise gas prices are missing panels and are in need of repair or removal. There is black and green growth all over the outside of the building and fence area. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 28,2016 PAGE I1 OF 21 On March 29th, 2016 Notice of Code Violation was sent to owner on record. On April 5th, 2016 the United States Postal Service website advised letter was Undeliverable. On May l lth, 2016 the Notice of Code Violation was Posted at the property due to the letter ' being returned. Code Officer McLaren removed twelve (12) tires from the property due to concern of mosquitoes breeding in the tires. Notice of Remedy for tire removal was also Posted on property and mailed to the owner. On June 13th, 2016 a Notice of Code Board Posted at property and mailed Certified and First Class to the owner of property. On June 16th, 2016 the Notice of Code Board was signed for as Received." Next, Code Officer Guerra referred to photographs from "WS-1" with additional comments. Code Officer Guerra then stated, "There has been no other contact from owner of the property at this time. I am recommending the owner of property given until July 19th, 2016 to correct the Violations. If Violations are not corrected, a Fine of two hundred and fifty dollars ($250.00) a day be imposed." Senior Attorney Nix clarified that Violation of International Property Maintenance Code 108.1.1 is the Violation being pursued. Comments followed about the history of the property. 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 JULY 19TH, 2016 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." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER KAPROW. DISCUSSION. VOTE: BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 28,2016 PAGE 12 OF 21 PUBLIC HEARINGS-NEW CASES 500. Code Enforcement Division—Police Department CASE#2016CE001296 Michael D. Pitts And Angela N. Jordan 707 Sunbury Court Winter Springs, Florida 32708 City Code 13-2.(b) Junk And Debris City Code 13-2.(c) Unsanitary And Overgrown Yard City Code 13-2.(e) Stagnant Pool IPMC 304.14 Insect Screens. Inspector: Code Officer Terri Guerra _ Code Officer Guerra presented the Case and submitted into Evidence "WS-1", the presentation. Code Officer Guerra testified, "On May l Ph, 2016 I received a complaint from a neighbor advising the house was vacant and the pool was stagnant. I obtained permission from the neighbor to go on to his property to observe stagnant pool. While checking the rest of the property there was screen missing from the front window, the yard was overgrown, and there was yard waste throughout the yard. There was also garbage in the yard. Notice of Code Violation was sent to owner of property. On May 25th, 2016 the Notice of Code Violation was signed for by Angela Jordan. On May 26th, 2016 the Notice of Code Violation was Posted at the property. On June 13th, 2016 the Notice of Code Board was sent First Class and Certified to the owner of the property and Posted at City Hall. On June 16th, 2016 the United States Postal Service website indicates the Notice was left with no Authorized Recipient. Public Works has treated the pool. They actually treated it today with mosquito killing chemicals. There has been no contact from the owner at this time." Code Officer Guerra referred to photographs from "WS-1", offered further remarks, and then stated, "I am recommending owner of property be given until July 19th, 2016. If Violations have not been corrected then a Fine of a hundred and fifty dollars ($150.00) a day be imposed until the Violations have been corrected." Photographs from"WS-1"were reviewed with additional comments. Board Member Kaprow asked if the pool was accessible to which Officer Guerra replied, "No, it's locked." Additional comments and discussion regarding the access to the pool and ownership of the property. Note: The Respondent was not present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 28,2016 PAGE 13 OF 21 "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL JULY 19TH, 2016 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED AND FIFTY DOLLARS ($150.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER KAPROW. SECONDED BY VICE-CHAIRPERSON CRISWELL. DISCUSSION. VOTE: ---•- BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 501. Code Enforcement Division—Police Department CASE#2016CE000900 Armand And Devina Kadrichu 1630 Winter Springs Boulevard Winter Springs, Florida 32708 IPMC 304.15 Doors. IPMC 304.18 Building Security. Inspector: Code Officer Rich McLaren This Case was not heard. ❖❖ AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEM 11600" WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA AS IT WAS NOTICED. ❖❖ PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES PUBLIC HEARINGS-NON-COMPLIANCE CASES 600. Code Enforcement Division—Police Department CASE #2015CE001544 Ivonne And Obadich Rodriguez 230 North 3rd Street Winter Springs, Florida 32708 City Code 6-195.—Maintenance Of Fences Or Walls. Inspector: Captain Chris Deisler Captain Deisler introduced the Case and submitted into Evidence, "WS-1". CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 28,2016 PAGE 14 OF 21 Continuing, Captain Deisler testified, "This was a Case originally brought to you by Corporal [Jim] Flannigan, (Police Department, in doing some housekeeping I discovered it had never been brought back for Non-Compliance which is why I'm here at this point. Several sections of the fence were in disrepair along the back of the property, which is visible from the parking lot of our Senior Center on North Edgemon [Avenue]. During the meeting in August, the Board found the property in Violation and gave the Respondent until September 14th, of last year to comply. To date, the property stands in Non-Compliance. Your Order called for a one hundred dollars ($100.00) a day Fine for Non-Compliance and I've had no contact with the owner to date. The Notice of this Hearing was mailed Certified to the owner on May 25th of this year. When I checked, it had yet to be picked up from the Post Office and Officer McLaren Posted the property and City Hall bulletin boards on June 8th, 2016 for me." Next, Captain Deisler referred to photographs from "WS-1" and offered further comments. Then, Captain Deisler suggested, "I'm recommending the Board impose a Lien on the property as outlined from the original Hearing." Chairperson Roero inquired, "Is anybody living there?" Captain Deisler replied, "I do not know." Chairperson Roero asked, "Have we tried to make contact again with them?" Captain Deisler stated, "No Sir, only through mail." Comments continued. 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 SEPTEMBER 14TH, 2015 SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY VICE CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. SENIOR ATTORNEY NIX ASKED, "DO YOU MEAN THE BOARD ORDER DATED SEPTEMBER 14TH OR DO YOU MEAN THE ORDER THAT'S DATED — SEPTEMBER 3RD, 2015?" COMMENTS REGARDING THE ORGINAL BOARD ORDER DATE ENSUED. "I WOULD JUST AMEND IT TO SAY THE PREVIOUS ORDER WHICH WAS DATED SEPTEMBER 3'm, 2015." MOTION BY VICE-CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 28,2016 PAGE 15 OF 21 VOTE: BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS-NON-COMPLIANCE CASES 601. Code Enforcement Division—Police Department t �� CASE#2016CE000297 Armand And Devina Kadrichu 1630 Winter Springs Boulevard Winter Springs, Florida 32708 IPMC 304.13 Window, Skylight And Door Frames. IPMC 304.7 Roofs And Drainage. 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 Code Officer McLaren introduced the Case, presented into Evidence, "WS-1" and said, "February 5th of 2016 I received a complaint from a resident who was a tenant renting the house with possible sinkhole or foundation issues as the floor appeared to be separating. On that date, myself and Jay Abel, Building Inspector for the City of Winter Springs, performed a site inspection. The observed issues with the floor were substandard flooring and the installation of it. It was determined there were water leaks throughout the interior of the house on the ceiling and possibly in the bedroom where the air conditioning unit was housed. The electrical breaker panel was not properly marked and there were black tape covering one missing breaker on the panel. The back patio area had leaks throughout each skylight in the covered area. Underneath the kitchen sink the plumbing was not up to Code as there was radiator hose utilized; water leaks were evident and there was exposed wiring. The Notice of Code Violation was sent to the owner of Record on February 6th of 2016. The owner of Record shows the address of the Violator as the residence in question and he does not reside there. The tenant refused to accept the Notice and it was Returned Unclaimed. The residence was Posted on February 9th of 2016 with a Notice of Code Violation. I spoke with Mr. Al Campbell of Orlando Cribs, LLC, who stated he was the management company of the property, and Notice of the Code Violation was sent by mail Certified Return Receipt to him. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NNE 28,2016 PAGE 16 OF 21 I've spoken with Mr. Campbell from Orlando Cribs [LLC] on multiple occasions. He stated he has repair companies out to fix each Violation. On March 30th, 2016, 1 performed a re-inspection of the residence with Mr. Abel upon the request of Mr. Campbell who stated all Violations were fixed. We found only the 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 31St, 2016 at the residence and City Hall and Notice was sent 9= by Certified Return Receipt." Code Officer McLaren referred to photographs from "WS-1" with further remarks and Y then stated, "The Respondent was given until May 20th, 2016 to come into Compliance or it would be a two hundred and fifty dollars ($250.00) a day Fine be imposed. I'm recommending that the Board impose the Fine of two hundred and fifty dollars ($250.00) a day for Non-Compliance and that it be entered in as a Lien on the property." Mr. Al Campbell, Orlando Cribs, LLC, 821 Bay Breeze Lane, Altamonte Springs, Florida: introduced himself and stated, "I'm a licensed Real Estate Broker and a property manager in the state of Florida. We manage the property for the owner, Mr. Armand Kadrichu. With regards to the Notices that were sent out, we did send someone out to address each Notice that was identified." Continuing, Mr. Campbell elaborated on the owner's acquisition and rental of the property and said, "At the point in time the property was purchased— a home inspection and a roof inspection was performed. At that point in time the roof inspection showed that there had been some leakage around three (3) skylights that were on the rear of the property, but that the roof itself was considered serviceable." Mr. Campbell commented further on the roof and discussed ongoing court proceedings related to the property. Mr. Campbell referred to a Notice from Code Enforcement and stated, "One of the items said the skylights on the property appeared to be leaking and the corrective action was to repair the skylights and have the roof inspected. The landlord spent about thirteen hundred dollars ($1,300.00) repairing the skylights and we had a licensed, certified inspector inspect the property. He said that there were signs—there were visible signs of prior leaks but there were none active other than the skylights and that was the report that he gave to us. I had one conversation Officer McLaren after I'd had that — inspection repair done. I also had a licensed plumber come out and address the Code Enforcement Violation regarding the plumbing. He said that the plumbing was fine, there was an electrical cord that was non- compliant that needed to be attended to, even though that was not on the Code Enforcement document that we got. So, we had that attended to. We had the air conditioner serviced by a licensed air conditioner technician — and we have the receipts for these—and we had the electrical panel taken care of by an electrician. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NNE 28,2016 PAGE 17 OF 21 There was no additional conversation with Officer McLaren after I had had those repairs done. We got a Notice in the mail saying that we were in Non-Compliance. I called Officer McLaren, I spoke to him and he said Non-Compliance was with regards to the roof. I tried to send our guys back out there to inspect the roof again. The tenant called Winter Springs Police Department on them and they were chased away from the property." Additional comments followed to which Mr. Campbell mentioned, "The second time my roofer went to look at the roof, they did see examples of a lot of water ; that were in the attic area. The problem was, they could not make a correlation between the apparent condition of the roof and the water they were finding in the attic." Further discussion followed on damages to the property and insurance claims. Mr. Campbell continued, "I had a conversation with Officer McLaren regarding a Notice of Hearing I got back in the month of May. During that conversation, I explained to Officer McLaren we had been out there and we had gone back. He said he was going to recommend to this Board that we be given another thirty (30) days." Mr. Campbell commented further on upcoming court proceedings and roofing repair estimates. Vice-Chairperson Criswell inquired why no one "Came to the original Code Board meeting?" Mr. Campbell answered, "It was probably my fault and I misunderstood my conversation with Officer McLaren." Comments continued. Board Member Kaprow asked, "Did I hear you say before that you had a roofing inspector go up and inspect the roof?" Mr. Campbell answered, "Yes, Sir." Board Member Kaprow, "Have you got a written copy of that report?" Mr. Campbell answered, "Yes, Sir." Mr. Campbell submitted several documents into Evidence. Vice-Chairperson Criswell referred to Officer McLaren about gaining access to the property to check for Compliance. Code Officer McLaren noted, "The tenant that lives there now is more than cooperative in allowing us to go in there." Continuing, Code Officer McLaren discussed the Violations and the inspection process that was conducted with Mr. Abel and added, "Upon the re-inspection, he specifically stated the date because he knew it was going to rain the day before and he wanted to go there the day after to see if there were any water leaks and sure enough — when we went the next day, we walked out onto the covered patio and you can visibly see water leaks as well as sheetrock that had fallen and was on the ground. So, therefore, there are still water leaks in the back patio." Code Officer McLaren noted that thirty(30) days were given from the last Hearing as the necessary corrective action date. Much discussion ensued on insurance claims, roofing inspections, and the cited Violations. Officer McLaren also added, "When I went back out with Mr. [Jay] Abel, it was quite evident that there was systemic roof leaks throughout the house; it just wasn't one area where the water was coming in." Further discussion ensued and photographs from"WS-1" were shown with additional comments. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 28,2016 PAGE 18 OF 21 Senior Attorney Nix stated, "The Notices for the prior Hearing, as to the May 5th hearing, this Board already found that those were provided in accordance with the City Code as well as Florida Law and that was made in a Board Order of May 5th, 2016 which was entered. Tonight, is not a rehearing of—to establish whether it was in Violation at the get go. It was established as being in Violation of the Codes and as laid out in the Order imposing the Penalty—is what it was called it was the First Hearing. n� At that time, that was just where it was the property is in Violation or it's not, that's what they were supposed to find. They did, they found that it was in Violation. They said, `Okay, property owner has until May 20th to bring it into Compliance or it's two hundred and fifty dollars ($250.00) per day."' Senior Attorney Nix referred to Mr. Campbell, "While I can appreciate you're coming here with information— I just do want to explain the Board's role, of course, and tonight is to determine whether or not the property is in Compliance with the Violations that were previously found of the City Code."Additional comments followed on meeting procedures, the tenant's willingness to cooperate, and the purview of the Code Enforcement Board to exclude civil matters between owner and tenant. Referring to the Code Enforcement Board, Senior Attorney Nix added, "Tonight, based upon the Evidence and testimony presented, it's your duty to find either the property in is in Violation or in Compliance and then if it's not in Compliance, of course, that prior order, it's going to be two hundred and fifty dollars ($250.00) a day." Senior Attorney Nix briefly commented on the Lien reduction request process. Much discussion ensued. Ms. Patty Rowell, 1630 Winter Springs Boulevard, Winter Springs, Florida: testified, "I have been extremely compliant."Additional comments followed. Summarizing an experience with a roofer who inspected the home, Ms. Rowell said, "He said, `This is really way too much—we've got too much damage here. I'm going to have to call Mr. Campbell and let him know we can't handle this'." Additional comments. Further discussion ensued. Note: The Respondent was not present; Mr. Campbell testified on behalf of the Respondent. "I MOVE TO FIND THE PROPERTY IN NON-COMPLIANCE AND THAT THE PENALTY SET FORTH IN THE BOARD'S PREVIOUS ORDER DATED APRIL 26TH, 2016 SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER KAPROW. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 28,2016 PAGE 19 OF 21 VOTE: CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. PUBLIC HEARINGS-NON-COMPLIANCE CASES 602. Code Enforcement Division—Police Department CASE #2016CE000436 Irma Rodriguez 110 North Devon Avenue Winter Springs, Florida 32708 IPMC 304.7 Roofs And Drainage. Inspector: Code Officer Terri Guerra Code Officer Guerra presented the Case and submitted into Evidence "WS-1", the presentation and testified, "On April 20h, 2016 the Board ordered the owner of property, Irma Rodriguez, to obtain a Permit from City Hall regarding the roof Ms. Rodriguez was given until May 26th, 2016 to do so. If not in Compliance a Fee of one hundred dollars ($100.00) a day would be imposed. On May 26th, 2016 there had been no Permit filed. I Posted the Notice of Non Compliance Hearing at the property and sent a Certified letter to owner. On June 1St, 2016 the United States Postal Service website shows the Notice left with no Authorized Recipient available. On June 16th, 2016 I responded out to the property regarding another, separate Violation. Ms. Rodriguez was at the property. I again reminded her that she needed to obtain a Permit from City Hall regarding the roof. Ms. Rodriguez advised she would be getting it the next day." Code Officer Guerra referred to photographs from "WS-1"with additional comments. Concluding, Code Officer Guerra stated, "As of this date, the owner has not obtained a Permit from City Hall. I'm recommending the one hundred dollars ($100.00) a day Fee be imposed on the property as ordered by the Board." Ms. Irma R. Rodriguez, 110 North Devon Avenue, Winter Springs, Florida: explained her personal hardships and asked for an extension. Additional discussion regarding Compliance followed. Vice-Chairperson Criswell asked, "Did you turn in an application for a Permit?" Ms. Rodriguez replied, "No." Additional remarks followed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 28,2016 PAGE 20 OF 21 Board Member Kaprow asked for clarification, "Did I understand correctly that the Respondent told you that she was getting a Permit the next day? Is that what ou testified?" Code Officer Guerra stated, "Yes, when I responded out — June 16 , I responded out for a different situation and I reminded her, I was like `You have to get this Permit, it's very important', and she was like, `Okay, I'll go the next day."' Remarks followed. Vice-Chairperson Criswell briefly commented on the Lien reduction request process. Additional comments about Compliance dates followed. Note: The Respondent was present. "I MOVE TO FIND THE PROPERTY IN NON-COMPLIANCE AND THAT THE PENALTY SET FORTH IN THIS BOARD'S ORDER DATED APRIL 26TH, 2016 SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY VICE-CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. Addressing the Respondent, Vice Chairperson Criswell reiterated that the respondent first must get a Permit, and to do so as soon as possible. REGULAR AGENDA REGULAR 700. Not Used In other Board related business, Chairperson Roero Excused Board Member Kaprow from the April 26a, 2016 Regular Meetiy Board Member Dennis Robinson and Board Member Carole Giltz from the May 241 , 2016 Code Enforcement Board Workshop. Chaiperson Roero also Excused Board Member Giltz, Board Member Rick Brown, and Board Member Robinson from tonight's meeting. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—JUNE 28,2016 PAGE 21 OF 21 ADJOURNMENT 9=11 Chairperson Roero adjourned the Regular Meeting 7:22 p.m. RESPECTFULLY SUBMITTED: JESSICA GHERSETICH ASSISTANT TO THE CITY CLERK AND ANTONIA DELLA DONNA ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the 2016 Code Enforcement Board Regular Meeting.