HomeMy WebLinkAbout1982 11 15 Regular
CASE#
e
82-313-0009
82-308-0029
82-286-0017
82-318-0040
82-330-0010
82-340-0039
82-341-0015
82-336-0013
82-347-0029
8.44-0003
82-343-0031
82-356-0007
82-292-0009
e
VIOLATION
FROM: November 6, 1982
SECTION
TO: December 30, 1982
CLOSED
Commercial Truck in C-2 Zoning-Truck Removed
44.76
8-2
No Occupational License - Purchased License
No Permit for Street Excavation-Code Board
ruled no permit needed.
13-1
Loud Music (Band)-Subjects renting new
building.
44.76
44.85
44.85
44.74
8-2
Disabled Vehicle - Vehicle Towed Away
Junk Vehicle, Boat in front yard - Boat
mov~d to rear yard - Vehicle removed.
No Occupational License - Business moved.
Junk Vehicle - 2 Vehicles removed - 1
Vehicle repaired.
44.85
4-13
4-13
44.76
7-2
44.51
-,
Cat at large - Refer to Citizen Dispute
Dog at Large - Refer to Citizen Dispute
Unkept Property - Unfounded
Unkept Property Trash Blowing - Cleaned Up
Parking in 15' Setback - Parking corrected.
C-l Zoning.
.
.. SECTION
CASE# VIOLATION
FROM: November 6. 1982 TO: December 30, 1982
e PENDING
30 DAYS OR MORE
NONE
PENDING
60 DAYS OR MORE
NONE
.
.',
e
:
.
.
-- -- --- - - --
---
NOTICE TO APPEtJ~ AT H!':ARH:C
Dii'-
~~
" N.lJ-fE Herbert Go Monson
1209 Deer Run
ADDRESS \Vintp... Snrino-s Fl ~ ~?,7()8
_ ~ J
.
.-
:L
.
----
Iffry, - / U,.,//(
You arc hereby su:mnoned to appear at a hearing of the Code
Enforcement Board of ~he City of ~inter Springs, Florida, located at City
Hall, 400 N. Edgemon Avenue, Uinter Springs, Flor:ida 32708.
You are notified to appear at:
TIHE 7:3() "Pm
-
DATE l"ov" 1!1-P.?'
~ , -
J /l ~/0'
At the aforesaid tL~e and place the Board lil~ hear ,evidence to
determine whether you are in violation of Section .-':". .3~j" - -.of the
municipal code. You will be afforded the opportunity to present evidence
that you are not in violation of the aforesaid section of the Code, and you
may be represented by counsel of your choice.
Your failure to appear can result in judg~~ent rendered against you.
~/~
-~:> - ~~
the Code Enforce~ent
t.h~ City of Hinter s~s,
X H-6JW DELIVERY
-~-"7
~i. "-_
cr;, (~,/ ;,' 1?S~
BY. //>) ,"/" ficA' \~~ ~J
. ~ .:.:.~=--- "__ \ l'-/ V L/
, /~, J',' (~--- 7/&:' ~
~/ //, ",r- \ . .,.y" _
/~. b.::/-'." I _
;,.--:'--
I CERTIFY A COpy OF THIS DOCU}fE~"T l-lAS SERVED BY
CERTIFIED }L~IL THIS
/ 7
DAY OF
3.3
,
NOTICE OF VIOLATION
THE CITY OF WINTER SPRINGS CODE
NAHE H f'rhf'rt (;, Monson
ADDRESS
- DATE
1209 Deer Run
10-13-82
\Vintpr Springs
Flao
CODE SECTION IN VIOLATION City Ordo #13 Section 13-1
CODE REQUIREHEh""fS Excavation, Cut, or FiIlnf p::lrth . "Pe-rn1H neededu
It will be unla'Nful for a...TJ.Y p::rE;on ~ dig up or into or any way disturbp,
any street or sidewalk or .part thereof with out first obtaining a permit from city.
FACTS OF VIOLATION Mulch W::lS pl::l~pn on ~ity property ::lr€,::l netw€,pn sjnew::llk 8r
street with out a city permit.
CODE~~RCEHEltt);BOAR.I.l~NEC ~R:
. @'fi -t'-J
Officer e ey Dowel
For further guidance to determine the procedure to comply with the code of the City
of Winter Springs, Please contact OiL Do\vell at 102 N. Moss Road, Winter Springs,
Fla. 327-1000 Honday - Friday 8: 00 A.:H. to 5: 00 P. M.
Response: (To be filled in by Code Enforcement Officer) ~r 11onson stated
}lP '''?,S not going- tG.-correct vioLat.iQn & ,vaunted to go before the Code Enforcement
Board as soon as he couldo
I certify a copy of this document was served by
II day of {Jc.}"'
J( Hand Deliver
Certified
Mail, this
/, ..it.
';"- .r,
" I
.
lJ/.T [: Oct. 13- 1982
TIXE OF ALLEGED VIOLATION:
Od- 7- 1 ~82
,
--
lOC1~TION: 12f)!) Dppr Rnn
WintA1'. Sprino-!=;
\,..J >
Fl~
~?7()~
NAHE OF VIOLATOR'
Herbert G.' Monson
-
DESCRIPTION OF. COHPL..A..INT: It was repJrted to this offic~r by Mr n 'Harris \Vho
is President of 'r1l9"awjl1:1 Home Own"'rc: A ~~od~tion ~ Vlnl~tjnD of dty c;nne.
It was noted sod & Grass was torn up & mulch had been placed in front
of halls '"
O.,...rl. 1 ~ Sed. 13-L Mr; Hr\:rri~ i"f'11]pdPrl tne'rity t~l.[e ~tep9 to correct vjol~tjon.
,
.
~
.
,
,
.
, .
..
. .
. .
.
-
.
(REQUEST FOR ActION BY WINTER SPRINGS CODE EN FOR CEt-rEt\"T BOARD.
. , ,
.:ro BE FILLED our BY STAFF Art Harris
DISPOSITION OF o:n'IPLAINr: PRINT ~AHE Preaident
,',
Tuscawilla Homrowner Association
,
. ,.
SIGNATURE
20- S"l,;le Ct.
ADDitESS Vi in to Spgso, Fla. 32708
f\71_Qf\71; ,
1'ELEPHO~m NmIBE~
Q') ,)Q~ flfl1rT ,..~
CASE NilllDER
e
--
..~
so
j
;I
;;-
. .
~
~~
.~""'~\
;-. '.
.~ -. .
~ "'
t.
e
--.~:::..
:-.;~7!~
f'
l-~
r.
.'
t
.<:',:,.~
.,~
';
.-
.,.._.._-........c.:::_~.-J:_..
.
-
e
e
CODE ENFOnCEMENT BOARD
CITY OF HIHI'ER SPRIIJGS
Upon a Hearing held on ITovember 15, 1982:
ORDER OF 'I'HE BOARD
The Code Enforcement Board having met on November 15, 1982 and having heaY'd
evidence in the Case #S2-286-o017-c6 (in re: Herbert G. Monson of 1209 Deer
Run, Hinter Springs, Florida 32708) arrived at the follo1-Ting conclusions of fact:
1. Herbert G. Monson resides at 1209 Deer Run, Winter Springs, Fl. 32708.
2. Herbert G. Monson was served .....i th a Notice of Violation and a :Iotice
to Appear before the Board.
3. Herbert G. Monson did remove the sod from the City's right-of-vay in
front of the aforesaid address between the sidewalk and the pavement
and replace it with a wood chip mulch.
4. In performing the aforesaid work Herbert G. Monson did not obtain a
permit for said 1-lOrk from the City of Hinter Springs.
Having arrived at the foregoing conclusions of fact, the Board arrived at
the following conclusions of law:
1. Sec. 14-1 (M) defines a street "including all of the land lying bet.....een
the right-of-way lines as delineated on a plat showing such street I' ,
a~d the area between the sidewalk and the pavement is including in a
"street. "
2. The excavation of the sod and replacement by mulch constitutes a
violation of Sec. 13-1 of the municipal code in that it was u~lawful
for r~. 110nson to have done such work without first procuring a permit
authorizing sa~e from the City Councilor an official who has been
designated by the City Council to issue such a permit.
After arriving at the foregoing conclusions of law it is ORDERE~ BY THE
Board as follows:
1. Herbert G. Monson is hereby directed to remove the mulch and replace the
mulch with sod in the area .....hich was disturbed to the same condition as existed prior
to hIs constr~J_ction -r,'Jor1\.. i'.!r. rvlonsor! is granted B, period of 30 days v:heJ:"e~n to p:2~form
said ivork.
2. Upon failure to do so at the end of 30 days a levy of $50.00 per day
shall be placed against the property (1209 Deer Run, Hinter Springs. Florida 32708)
and if and when such le\~ mrrounts to $1,000 or mOY'e the City Attorney is directed
to file a claim of lien and foreclose on same.
CHAIB2.1AN OF THE BOARD
SViANN AND IL\.DDOCIC
PR~Fe:SSION..\L ASSOCIATlOr:
e
EDMU:-',O T. 3~X';. JR.
PAUL H. ;Oy':l.=.:~
JeM:ELLE G. S;;Ci:-J50N
PAUL F. En ,;:,
EO,'IARD e. H.';ODOCK,JR.
THOMA3 F. LM,:;
P::TER G. L"'TH';:.i
PAmlel; PcTH~'I!Ll-MUELLER
P.1':HA;:tD ~L S\',:'U\i
MARTiN 8. U~:;ER
DAVID A. Vi::9SER
JAM::S G. WILLARD
ATTORNEYS AND COUNSELLORS AT LAW
600 COURn..Ar~s 5TRE:ET
JotAILtNG ~.:>ONESS:
POST OF'F"l::~ sox 7838
ORLANDO. FLORIDA 32854
ORLANDO. FLORIDA 32804
TELE?WON E:
(305) 628-3939
Novel:1..ber 11, 1982
--, ~", ---. f~' IT h r, '7,::' i-~-\
';::'\fr-(j'~ !"","'\ ~. \-:,,; n' l~.\l
-, -'1...' -, ','" I~ I' \
...j. " . "" -'-J" ,'.. t" t
i...i'~-~~" ~;;.; ..: t...; :'1:........5 .'
."',!; I~ -,,:.., .;
J t.,. ..... 'J1
~>7 ..,
q;.-'
PERVIE P. S\\".\~!~~
OF CCl!~;3EL
: ,~" l'
.";-,,_"J.' "-
lS:\?;
ST!I-:JT ~:~~).( ;'~J~ ~;:J~i!~'.~~~
.~~:-... !~~,\,.....-.:;..::....;.
Mr. Richard Rozansky
City Han3.ger
City of Winter Springs
400 North Edgemon
Winter Springs, FL 32708
Re: !-1onson v. City of ~'Iinter Spri.ngs
Dear Dick:
.
This office has been retained by Colonel and Mrs. Monson
to represent them with regard to their placing mulch on property
without a permit allegedly in violation of City Ordinance 13-1.
I have reviewed this Ordinance and dispute the existence
of even a prima facie case against them~ More importantly, I
think the implications of pursuing this matter must have been
ignored.
~13-2 of the Ordinances defines sidewalks as being a portion
of the street intended for the use of pedestrians; therefore,
the city must be considering the property in question as ~streetr'.
If the property in question is a dedicated street, then it
is the city's obligation to maintain same and arguably would have
to have paved same pursuant to your ordinances which require
streets to be paved.
I think the proper classification of the property involved
is "dedicated public area" (see ~14.98). Dedicated public areas
are not covered by ~13.1. Consequently, the city has no legal
authority to pursue this natter.
If the city persists in its position that the property
involved is street, I will have to recommend to my client that
he remove the mulch and delG:lnd that the city provide and maintain
grass for him.
e
e
e
e
S"WAN"N AXD HADDOCli:.
Mr. Richard Rozansky
November 11, 1982
Page T\'lO
Additionally, I would hasten to point out that the violation
alleged is not at all consistent with the ordinance cited.
~13.l states:
"l-t shall be unlawful for any pers.on to do
any construction or repair work. . . or to
dig up or to dig into. . without a permit."
That section goes on to explain how you have to replace that
which you dig up in the same condition. ~13.2 requires a surety
bond. S13.3 refers to restoration and S13.5 would have required
Col. Monson to erect safe and sufficient barricades while working
pursuant to the permit. If the city's strained interpretation
is to be carried to its logical conclusion, an owner needs a permit
to dig weeds or plant trees and he must erect a barricade while
he is digging or planting. I think a logical reading of this
ordinance will show that it was intended to protect the city
from unauthorized digging in the road bed or sidewalk for the
purpose of laying or repairing pipe.
At this point, I believe the city is violating Mr. Monson's
civil rights or in the alternative is offering to accept main-
tenance responsibilities it had not contemplated.
I would hope that this matter could be terminated without
further expense or aggravation for the Monsons.
Thanking you for your attention to this matter.
Very truly yours,
\ I . ___
~~--r- -
---- ~--~11\^" I_
\ \ \ - "-, ,1
\-:W-\ ,-J\ ____
ThOIJ.3.S-- P--;--- L-~" g
~
'I'PL/tp
cc: Col. and Mrs. Monson
'}Qlr-UV'f
(/") -/-()
. D /"-
~\
Chapter 13
./
e
STREETS AND SIDEWALKS
Editor's note---Ord. No. 119, adopted June 2, 1975,
amended the Code by adding Ch. 13, as set out herein as
~~ 13-1---13-13.
Cross references---Street and sidewalk defined, ~ 1-2;
regulation of erection of signs and awnings over sidewalks,
S 5-109 et seq.; motor vehicles and traffic, S 11-1 et seq.'i
through streets designated, 5 11-3; yield intersections
established, ~ 11-4: design standards for streets and alleys
in subdivisions, ~ 14-83 et seq.; provisions for street
improvements in new sUbdivisions, ~ 14-114 et seq.
State law reference---Power of city to regulate streets,
sidewalks, etc., Fla. Stats., s~ 167.01, 167.02, 167.09.
Sec. 13-1. EXCAVATION, CUT OR FILL OF EARTH; PERMIT REQUIRED.
'.
It shall be unlawful for any person to do any construction
or repair work inVOlving the tearing up and relaying of any
street or sidewalk or any part thereof or to obstruct, dig up
or into or in any way disturb any street or sidewalk or part
~thereof without first procuring a permit authorizing same from
the city councilor an official who has been designated by the
city council to issue such permit. The permit herein pro-
vided for shall be issued under such conditions as prescribed
by the city councilor an official who has been designated by
the city council and shall accurately describe the portion of
the street or sidewalk or other area to be affected and shall
make provision for.the replacement of that part of the street
or sid2'tvalk which is to be replaced in the same condition as
when disturbed and shall state a definite time within which
the permit shall be operative. COrd. No. 119, ~ 1, 6-2-75)
Sec. 13-2. EXCAVATIONS, CUT OR FILL OF EARTH, BOND REQUIRED.
As a condition precedent to the issuance of any permit a
cash or surety bond must be posted by the applicant therefor,
to assure a good and workmanlike performance of the repair
Work. The amount of each cash or surety bond shall be estab-
.lished by the city councilor an official who has been desig-
nated by the city council and shall be in a sufficient amount
to insure the restoration of such city street or sidewalk or
any part ,thereof to the same condition that existed prior to
the excavation, construction or alteration, and this shall be
eupp. No. 4
723
~ 14-1
"WINTER SPRINGS CODE
~ 14-1
e
(d) Ditch means an open cut with a slope deeper than 3:l.
(e) Easement means any strip of land created by a subdivider for public or private
utilities, drainage, sanitation, or other specified uses having limitations, the title to
which shall remain in the name of the property owner, subject to the right of use
designated in the reservation of the servitude.
([) Plat, tinal means the final plat and supporting data representing a land survey
of lots, blocks and streets, and the engineering plans and specifications for streets,
utilities and other improvements.
(g) Plan, preliminary means a preliminary plan with supporting data for a
proposed development of streets, lots, block and utilities.
(h) Public utility includes any public or private utility, such as, but not limited to,
storm drainage, sanitary sewers, electric power, water service, gas service, telephone
line, or cablevision whether underground or overhead.
(i) Improvements may include, but are not limited to, street pavements, curbs and
gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary
sewers, storm sewers or drains, street names, signs, landscaping, permanent reference
monuments (PRM'S), permanent control points (PCP'S), or any other improvement
required by a governing body.
(j) Lot, tract or parcel means the least fractional part of subdivided lands having
limited fixed boundaries, and an assigned number, letter or other name through which
it may be identified.
(k) Plat means a map or delineated representation of the subdivision of lands,
being a complete exact representation of the subdivision and other information in
compliance with the requirement of all applicable sections of this chapter and of any
local ordinances, and may include the terms "replat," "amended plat" or "revised
plat."
e
(1) Right-at-way means land dedicated, deeded, used or to be used, for a street,
alley, walkway, boulevard, drainage facility, access for ingress and egress, or other
purpose by the public, or certain designated individuals or governing bodies.
(m) Street includes any access way such as a street, road, lane, highway, avenue,
boulevard, alley, parkway, viaduct, circle, court, terrace, place or cul-de-sac and also
includes all of the land lying between the right-of-way lines as delineated On a plat
showing such street, whether improved or unimproved, but shall not include those
access ways such as easements and rights-of-way intended solely for limited utility
purposes, such as for electric po\ver lines, gas lices, telephone lines, water lines,
drainage and sanitary sewers and easements of ingress and egress. Streets shall be
classified as follows:
e
(1) Arterial.
(2) Collector.
Supp. No. 24
774