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Home My WebLink About1985 07 15 Workshop ....'" NOTICE OF VIOLATION THE CIty OF ~INTER SPRINGS CODE case 85- 131-0016c6 .. .ME Thomas Dougherty ADDRESS 1021 Chokecherry Dr. , Winter Springs, Fl. DATE May 16,1985 CODE SECI'ION IN VIOLATION 2-55 "No member of the code enforcement board shall have the CODE REQUIREMENTS power to initiate such enforcement proceedings." FACI'S OF VIOLATION During code enforcement meeting Mr. Dougherty brought violation at 1031 Forest Cir. to code enforcement inspector's attention, subsequent vio- lation was cited; according to complaintant (T. Kriebel) Mr. Dougherty e CODE ENFOItCEMENT BOARD INSPECTOR.: has not denied making the complaint against Mr. Kriebel of 1031 Forest Cir. B.W. Cook For further guidance to determine tbe procedure to comply witb the code of the City of Winter Springs, Please contact Of cr. Cook at 102 N. Moss R.oad, Winter Springs, Fla. 327-1000 ~lJtmlm"'-VLll~"~.MIICIl)g.~~dbl.O Response: (To be filled in by Code Enforcement Officer) for next code board meeting after 5-21-85 meeting. Case to be scheduled tr ". . t f; 1 certify a copy of thi. doc\Jllent va. served b7 Band Deliver ..:iIiJ.. .''; ~.. '<.. '4:~ ~,.,:~:.~ifJ .~ :-'\',~.,~: ; "';". '. , ::.~ Mail. thi. day of . 1911. B71 '. .4 ~E:t'~'<" {tu~ ~~, e~. ,.:, '. .j ~""- - " - ~.~ ~_~->r - e ...... ~/s: /7f~- CITY OF WINTER SPRINGS. FWRIDA 400 NORTH EDGEMON AVENUE WINTER SPRINGS. FLORIDA 32708 Telephone (305) 327-1800 Additional Personnel Fiscal Year 85/86 City Hall Receptionist /C1erk Engineer \' I , i, J 1 ' . J , ' I / ' " ,_.J ..... i ,I Salary $10,096.73 ,r ~ "'"':~{"~:""A.:-'.rT' ~'.' 30,000.00-32.500,& ~ ~-{' . ...---"'- --.lr..~...,-".- l t.__ '. \ Fica Ins. $711. 82 $841.00 2.115.00 841.00 POLICE Police Officers (4) 60,399.48 4,258.16 3.364.00 FIRE DEPARTMENT Fireman (3) 44,182.26 3,114.85 2 , 52 3 .00 PUBLIC WORKS Labor/Trades (3) One Record Clerk (LT6) Director 33,975.63 14,454.14 25,000 - 28,000 2,395.28 2,523.00 1,019.02 841. 00 1,762.50 841.00 TOTALS: $15,376.63 $11,774.00 GRAND TOTAL: $ 245.258.87 ") "l -',' :: . ~ "'-..-' :;~- . ~. " ,..~. \ '. r.......... i $218,108.24 July 9, 1985 I!P!V) rr ~m:;~ Tln:) ~, '. . .c, ., ,., ;'''' '.'-.' /. ,O'. ,I'"~'l m... J. , .^,.-", .<., , . " . . n ....-. '. ..;:,. .-'''' " ,.' ~ " .' .. ~)f; ;."" . ..... " . .,' ::, !: , JI 'f " \)... 1 01985 DiY of Wr'T ,~ EN SPRINGS CITY HALL e Mayor John Torcaso City of Winter Springs 400 North Edgemon Ave. Winter Springs, Fl 32708 RE: JULY 8TH, 1985, CITY COMMISSION DISCUSSION ABOUT KRIEBEL CASE ACTION BEFORE THE WINTER SPRINGS CODE ENFORCEMENT BOARD e Dear Mayor Torcaso: Although I was unable to attend the City Commission discussion concerning the Kriebel case and the Code Enforcement Board, I was informed that the City Commission raised two questions about this matter: 1) Did Tom Dougherty act properly when he complained about the erection of a fence in Mr. Kriebel's front yard? and; 2) Did I act properly in refusing to sign subpoenas for the testimony of the Architectural Review Board of Oak Forest and the officers of Bel Aire Homes, Inc.? 1.....Section 2-55, Winter Springs Code says it is the duty of the Code Inspector to insure code compliance and to "initiate enforcement proceedingsll. It also says IINo member of the Code Enforcement Board shall have the power to initiate such enforcement proceedings. II The question here is does a complaint initiate enforcement proceedings? It was the opinion of Wally Stallnacker, City Attorney at the time the Code Enforcement Board was originated, that a citizen's complaint was not initiation of code enforcement proceedings. He felt and I agree, that a complaint only notified the Code Inspector of a possible violation. It is then the Code Inspector's duty to investigate the complaint in order to determine whether the complaint was valid and if there is a violation of City Code. If the Code Inspector in his opinion feels there is no violation, than no inforcement proceedings are initiated, but it is clear only he can start action! e Section 2-55, therefore implies, that no member of the Code Enforcement Board can also be a Code Inspector or Code Prosecuter. Members of the Code Enforcement Board, however, do not loose their rights as citizens. It is the right of any citizen to notify the proper authorities if he or she sees a possible municipal code violation. Would you deny Com- missioners of the City of Winter Springs the right to complain about problems they see within the City? e e e Mayor John Torcaso July 9, 1985 Page 2 2.....Section 2-57(2), Winter Springs City Code gives the Code Enforcement Board the power to II Subpoena alleged violators lnd witnesses to its hearings". With any power there is also a corresponding duty to act fairly and reasonably. In my opinion, Mr. Kriebel IS subpoena request was arbitrary and unreasonable. However, as I explained to Mr. Kriebel it is within the power of the Code Enforcement Board by a majority vote to cause a subpoena to be issued for the witnesses he requested. I refused to sign the subpoena without a majority vote of the Board. I have been a member of the Code Enforcement Board of the City of Winter Springs since its inception. This is my second term as Chairman, and I take my duties seriously. Winter Springs can be proud of its Code Enforce- ment Board. We have always treated any citizens before us fairly and with respect. If I felt otherwise I would resign immediately. ~ Jay B. Alpe Chairman, Code Enforcement Board City of Winter Springs JBAjsd cc: City Commission Dick Rozansky Frank Kruppenbacher John Govoruhk Code Enforcement Board Tom Dougherty Timothy Kriebel . NOTICE OF VIOLATION THE CITY OF WINTER SPRINGS CODE case 85- l37-00l6c6 _NAME Thomas Dougherty ADDRESS 1027 Chokecherry Dr. , Winter Springs, Fl. May 16,1985 DATE CODE SECTION IN VIOLATION 2-55 "No member of the code enforcement board shall have the CODE REQUIREMENTS power to initiate such enforcement proceedings." FACTS OF VIOLATION During code enforcement meeting Mr. Dougherty brought violation at 1037 Forest Cir. to code enforcement inspector's attention, subsequent vio- lation was cited; according to complaintant (T. Kriebel) Mr. Dougherty e has not denied making the complaint against Mr. Kriebel of 1037 Forest Cir. CODE ENFOItCEMENT BOARD INSPECTOR: B.W. Cook For further guidance to determine tbe procedure to comply witb the code of the City of Winter Springs, Please contact Of cr. Cook at 102 R. Moss Road, Winter Sprinas, Fl.. 327-1000 ~~l1B1)lmu.vfi~"I1~IIU.8OIlAlil..0 Response: (To be filled in by Code Enforcement Officer) for next code board meeting after 5-21-85 meeting. Case to be scheduled Mail, thi. day of . 1'11. ...\ ~ ''''; .---~ Certifi"- ,jI ~;..,.;~ ~ "~'-:. .~~.-'-...f. ';'~~ "" ;'-"'~~; .. ~. . ,. . , 0.; I certify a copy of thia doc\JIIent va. served by Band Deliver 871 , e i.. ~li.ISC;I,,'ill;1 July 12, 1985 WINTER SPRINGS DEVELOPMENT CORPORATION 1500 Winter Springs Boulevard Winter Springs, Florida 32708 (305) 365-3252 Mayor John Torcaso City of Winter Springs 400 North Edgemon Ave. Winter Springs, FL 32708 RE: ENFORCEMENT OF FINAL DEVELOPMENT PLAN REQUIREMENTS IN A PLANNED UNIT DEVELOPMENT, SECTIONS 44.85.7,.9 AND .10, WINTER SPRINGS CODE. e Dear Mayor Torcaso: As you are aware, there has been a lot of discussion lately regarding enforce- ment of deed restrictions. The City of Winter Springs' decision not to enforce deed restrictions, I feel is generally correct. In all of the zoning classifications within the City there are use restrictions placed on property within that zoning district. These use restrictions are enforced by the City as part of its code. In the planned unit development classification these use restrictions are found in the final development plan, Section 44.485.7. Because of the many different types of structures and uses contemplated in a PUD district, it was immpossib1e for the framers of your zoning ordinance to place specific use restrictions on property zoned PUD. Therefore, as each parc1e within a PUD district is slated for development, a final development plan is submitted for approval to the City containing restrictions individual- ized for that particular property. Your code says 1I...the use of the land and the construction, modification, or alteration of any building or structures within the planned unit develop- ment shall be in accordance with the approved final deve10p~ent p1an...II, Section 44.85.10.1. Also, Section 44.85.7.12a says "...no permits shall be issued for buildings in a planned unit development that does not conform with the requirements above.1I (Covenants, conditions, restrictions, agreements and grants). . There are two sets of restrictions in a PUD district, recorded deed restrictions and restrictions of use included in the final development plan. These restrict- ions duplicate one another, but they are also different. To change recorded deed restrictions in Tuscawi11a, it takes a vote of 51% of the lot owners; but, to change restrictions found in the final development plan, one must apply first to the Planning and Zoning Board and then to the City Commission, Section 44.85.9 and Section 44.85.10.2b. Changing one does not release an owner from provisions contained in the other set of restrictions. e . . Mayor Torcaso July 12, 1985 Page 2 In conclusion, it seems clear to me that: 1.) All restrictions and conditions affecting the use of property within PUD zoning districts are found generally in the preliminary development plan (44.85.6) and specifically in the final develop- ment plan (44.85.7). 2.) The City of Winter Springs is bound by its code to enforce all provisions contained within the approved final development plan for a parcle in a PUD district, 44.85.10, 44.85.7.12a. 3.) The City of Winter Springs cannot selectively enforce the provisions of the final development plan calling for open space, recreation areas, drainage ways, and external lighting systems; and, ignore other provisions such as setbacks and fencing also found in the same approved final development plan. 4.) A PUD final development plan including all of the provisions contain- ed within the covenants, conditions, and restrictions must be enforced in the same way all other zoning provisions are enforced. The homeowners, developers, and architectural review boards, within PUD districts want to work closely with the City in order to maintain their areas as they were intended. I would like to meet with you and the City Commission at a work session in the near future to discuss this matter more fully. incerely, Jay B~~ Vice President - Operations WINTER SPRINGS DEVELOPMENT CORP. JBAjsd cc: Dick Rozansky City Commission Peter Cowell Frank Kruppenbacher ROUTING SLIP FROM: s<:::r. G:ck.. DATE:~ lA"'14: lA'I'I" ROUTE TO CODE REC. COMPo SIGNATURE tr~TLa \ Co~L- b '{OU ~e\ 'It r-t'S. T~ m t::P- '( NGQT~~ La fY\ At C 11M/-. G'5 . ...---.....*""" .... ......... -~n~ ~\n' f;;:"o -""'" ,'- -. ,..; ~~ ,.,' \Jl / ~' i;;f ,......", .l1"l6( , :nJN T J .C)'_ ,-" 0\ iji h~ u:\\ ~, ,.. iW nn \\All j I 1. ACTION 2. INFO. ONLY 3. SIGNATURE 4. FILE 5. COMMENTS RETURN TO j {A I 11'\' .Tr(y~@ J ~: "'~ pn_ r.1 CITY vi' WWTER SPRINGS (ITY HALL