HomeMy WebLinkAbout1996 04 22 Informational Item B
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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~
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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 )