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HomeMy WebLinkAbout1996 04 22 Informational Item B ..... ;'YO _ I .l .' COMMISSION AGENDA ITEM B REGULAR CONSENT INFORMATIONAL X Meeting MGR/?/Vt /DEPT !:? Authorization April 22, 1996 TITLE: Police Department responding to the Commission regarding actions of the Code Enforcement Board. PURPOSE: To inform the City Commission of the actions of the Code Enforcement Board over the past twelve months. CONSIDERATIONS: The need for this agenda item is to respond to the Commission's concerns relating to the administration of its Code Enforcement Board. At the City Commission meeting of April 8, 1996, during commentary under his seat, Commissioner Langellotti expressed concerns over the action of the Code Enforcement Board, and wondered what could be done about it. Commissioner Langellotti stated that Code Inspector, AI White, was having difficulty getting the Code Enforcement Board to enforce the City Ordinances, dismissing cases, and causing the citizens to put up with unpleasant and annoying situations. City Manager McLemore advised that he would look into the past twelve months of Code Board action, and may even start attending the meeting himself ISSUE ANALYSIS: The Code Enforcement Board agendas from March 1995 through March 1996 were collected and each case disposition was researched from the minutes of the meeting. That research revealed that over the preceding twelve months the Board was scheduled to hear 33 new cases. Of those, 6 cases were removed from the agendas by the Code Inspector due to compliance being achieved by new owners and mortgage companies, or required permits being obtained prior to the meetings. These six cases were never presented to the Board for consideration. Another case was scheduled for a special meeting, but severe weather caused that meeting to be canceled. Before the matter could be rescheduled, the problem was brought into compliance by a change in ownership. Of the remaining 26 cases, 25 were found to be In Violation with appropriate Relief Orders issued. One case was ruled as No Violation. No cases were dismissed by the Board, as that is not one of the options available to them. The Code Enforcement Board must render a FINDING OF FACT that a situation either is a violation, or is not a violation, or that the matter should be continued for further review after additional information or evidence is obtained. CONCLUSION: Analysis of the public record reveals that the Code Enforcement Board has done an effective job in ruling on the cases which were presented to them, and that the Code Enforcement Board members have no appreciable problem applying and enforcing the City Ordinances. ATTACHMENTS: 1. Summary of CODE ENFORCEMENT BOARD ACTION. MARCH 1995-MARCH 1996 2. CODE ENFORCEMENT BOARD STANDARDIZED LANGUAGE FOR MOTIONS OF THE BOARD COMMISSION ACTION: It is recommended that the Commission review this report and provide the City Manager and staff with any additional direction the Commission deems appropriate. CODE ENFORCEMENT BOARD ACTION MARCH 1995-MARCH 1996 The following is a summary of the cases and action taken over the past twelve months. NEW CASES: 33 RULED IN VIOLATION.: 25 RULED NO VIOLATION.: 1 REMOVED BY INSPECTOR: 6 OTHER: 1 (special meeting cancelled) March 1995 1. Tuscawilla Realty /1301 Winter Springs Bv. - No Temp. Use Permit for Building Continued due to illness of City Attorney 2. Anderscavage / 219 Morton Lane. - Animal Control violation Found in violation with relief order: $50.00 per violation May 1995 1. Tuscawilla Realty /1301 Winter Springs Bv. - No Temp. Use Permit for Building Found in violation with relief order: 60 days to come into compliance or $250.00 fine per day July 1995 1. Anderscavage / 219 Morton Ln. - Repeat violation of Animal Control or~inance Found to be repeat violation with $250.00 fine per violation effective immediately 2. Montevechi / 209 Shore Rd - Trash in Yard Found in violation with relief order: 4 weeks to comply or $100.00 fine per day 3. Golin - 50-56 Fairfax Ave- No Occupational License Removed from agenda - problem corrected - case not presented to Board 4. First American RE Tax Service / 733 Woodhaven - Littering/Stagnant Pool/Trash Found in violation with relief order: 7 days to comply or $100.00 fine per day (*NOTE: see November 1995) July 25. 1995 (Special Meeting) 1. Coullard (tenant)/Noland (owner) /131 N. Devon - Trash in yardlUntended grass/ Stagnant pool/Disabled motor vehicle Meeting canceled; lack of quorum due to street flooding by sudden storm September 1995 1. Carothers / 417 David St. - Untended Grass Found in violation with relief order: 10 days to comply or $100.00 fine per day 2. Diaz / 210 Charles St. - Untended Grass Found in violation, now corrected, with relief order: $50.00 fine for future viols. 3. WIfe / 638 Murphy Rd. - Untended Grass Found in violation with relief order: 10 days to comply or $100.00 fine per day September 1995 (continued) 4. Rowe / 618 Fruitwood Ave. - Trash/junk in Yard Found in repeat violation with relief order: $50.00 fine per day for future viols. 5. Menzie /1206 Deer Run - Junk in Yard Found in violation on recurring basis with relief order: $100.00/day fine for future violations. 6. Picquet / 213 Mockingbird Ln. - Untended Grass Found in violation with relief order: 10 days to comply or $100.00 fine per day 7. Rodriguez / 639 Pearl Rd. - Stagnant Pool . , Removed from agenda - problem corrected- not presented to board 8. Santiago / 1196 Freedom Ln. - Boat & Trailer parking Found in violation with relief order: 15 days to comply or $50.00 fine per day November 1995 1. Awad / 898 Chokecherry Dr. - Untended Grass Found to be a recurring violation in compliance as of the meeting, with relief order: $100.00 per day for future violations 2. Davis /35 S. Devon - Untended Grass Removed from agenda - problem corrected by new owner - not presented 3. Excelsior Business Park (Munizzi) / 207 N. Moss Rd. Rotted Fence Found in violation with relief order: 30 days to comply or $100.00 fine per day 4. HUD / 506 George St. - Untended Grass Removed from agenda - problem corrected - not presented to Board 5. Towner/First American RE Tax Service - Untended Grass Found in violation with relief order: 7 days to comply or $150.00 fine per day 6. Negron /515 S. Moss Rd - No Building Permit Found in violation with relief order: 30 days to comply or $50.00 fine per day 7. Rawlins / 1002 Gator Ln. - More than two dogs Found in repeat violation of standing relief order, increased fines to $150.00 per day for any/all future violations. 8. Gould! 251 N. Third St. - Trash in YardlUntended Grass Found in violation with relief order: 10 days to comply or $50.00 fine per day November 1995 (continued) 9. Abdel-Messeeh S. Awad / 125 Cory Lane - Untended grass Found in violation with relief order: 10 days to comply or $100.00 fine per day January 1996 1. Stanfill / 670 Venture Ct. - Untended Grass Found in violation with relief order: 7 days to comply or $250.00 fine per day 2. MorriseylNeef /1014 Fox Den Ct. - Barking Dog Found in repeat violation with relief order: $100.00 fine for future violations 3. Winter / 312 N. Panama Cr. - Untended Grass Removed from agenda - problem corrected by new owner - not presented 4. Frechette / 1567 Carrington Ave. - Untended Grass Found in violation with relief order: 7 days to comply or $100.00 fine per day March 1996 1. Pirtle / 209 N/ Moss Rd Ste. 201 - No Occupational License Found in violation with relief order: immediately cease or $200.00 fine per day 2. Milligan /1437 Carrington Ave. - Excessive growth Found not to be in violation. Undeveloped lot in state of natural vegetation. 3. Krebsbach /1101 Gator Ln. - No Building Permit Removed from agenda - permit obtained - not presented to Board 4. Okun /51 S. Fairfax Ave. - Disabled Motor Vehicle Found to be a recurring violation with relief order: immediate correction upon notification with $100.00 fine per day for any/all future violations 5. TuscawilIa Realty/ 1301 Winter Springs Blvd. - No Temp. Use Permit for Building Requested one year extension, however upon coming before the Board modified their request to be extended only to the end of April while the donate the temporary building to a local church. Extension granted to April 30, 1996. 6. Guarin / 602 Anhinga Rd - Recommended settlement of litigation Board voted to accept the settlement amount recommended by the City to cover its expenses, rather than c ct n liened against the property. Summary prepare CIT"YC>~~N"TE~ S~~I~<;-S . CC>:I>:E ~~O]flC:E~:N"T :El40~I> STANDARDIZED LANGUAGE FOR MOTIONS OF THE BOARD FINDING OF FACT VIOLATION EXISTING AT TIME OF MEETING 1 VIOLATION NOT CORRECTED WITHIN GIVEN TIME, BUT CORRECTED BY THE MEETING 2 NO VIOLATION 3 MOTION TO CONTINUE CASE 4 RELIEF ORDER STANDARD 5 REPEAT VIOLATION AFTER PREVIOUS ORDER 6 January 16, 1996 FINDING OF FACT VIOLATION EXISTING AT TIME OF CE13 MEETING In the case of CEB # of the City of winter Springs, the Code Enforcement Board has read the complaint filed and the written information prepared by the Code Inspector, and heard at this meeting the sworn testimony of the Code Inspector and other parties involved in this case. Based upon these proceedings, I move that of Name(s) Address is/Care) in violation of Section(s) of the Code of the City of winter Springs, and that an appropriate Relief Order be issued at this meeting. (1) FINDING OF FACT VIOLATION DID OCCUR, BUT IS CORRECTED AS OF CEB MEETING In the case of CEB # of the city of winter Springs, the Code Enforcement Board has read the complaint filed and the written information prepared by the Code Inspector, and heard at this meeting the sworn testimony of the Code Inspector and other parties involved in this case. Based upon these proceedings, I move that of Name(s) Address was in fact in violation of Section(s) of the Code of the City of winter Springs; and that such violation was not corrected within the time specified for correction by the Code Inspector, as per city Ordinance section 2-59; and that an appropriate relief be issued at this meeting to address any potential future violations of this-same Ordinance. (:2 ) FINDING OF FACT NO VIOLATION In the case of CEB # of the city of Winter springs, the Code Enforcement Board has read the complaint' filed and the written information prepared by the Code Inspector, and heard at this meeting the sworn testimony of the Code Inspector and other parties involved in this case. Based upon these proceedings, I move that of Name(s) Address is/(are) not in violation of the stated Section(s) of the Code of the City of Winter springs, as the information and testimony presented at this meeting have failed to indicate a violation of the designated code(s). (3 ) MOTION TO CONTINUE CASE In the case of CEB # of the city of winter Springs, the Code Enforcement Board has read the complaint filed and the written information prepared by the Code Inspector, and heard at this meeting the sworn testimony of the Code Inspector and other parties involved in.this case. Based upon these proceedings, I move that the information and testimony presented at this meeting is incomplete or otherwise insufficient to render a ruling, and that this matter be continued to the next regular meeting, or to a special meeting when additional information is available, on a future date to be established by the Chairman, as per section 2-60 of the Code of the city of winter springs. (4) RELIEF ORDER In the case of CEB # of the City of winter Springs, (to be) having been found (to have been) NAME(s) in violation of section (s) of the Code of this City, I move that NAME(s) upon due notification by this board, be given days to come into compliance with regard to this violation. If compliance is not achieved by that date, a fine of $ .00 will be imposed CHOSE ONE: (Per day) (per day for each violation) until compliance is achieved, as verified by an officer of the city. Furthermore, any and all future reoccurrence(s) of this violation after compliance has been achieved will immediately cause the stated fine to be imposed until compliance is again achieved, as verified by an officer of the City.. (NOTE: IF THE VIOLATOR(S) IS PRESENT BEFORE THE BOARD, ADD THE FOLLOWING) : Since is present and has heard the Order of this Board, I further move that due notification has been given as of this meeting. (5) RELIEF ORDER REPEAT VIOLATION AFTER PREVIOUS OR.DER In the case of CEB # of the city of Winter Springs, having been previously found to be in Name(s) violation of Section(s) of the Code of this City at the Code Enforcement Board meeting of , and having been shown by the evidence and ( Date ) testimony presented at this meeting to have repeated this violation in the face of a standing Relief Order of this Board, I move that be given due notification that this a NAME(s) repeat violation, and a fine of .00 , as provided by (up to $500) F.S.S. 162.09 (2)(a), be imposed for each day this violation continues past the date of notification, until compliance is achieved, as verified by an officer of the City. Furthermore, any and all repeat violations of this order in the future will cause this same fine to be immediately imposed for each day the violation continues until compliance is achieved, as verified by an officer of the city. (6 )