HomeMy WebLinkAbout1983 06 20 Code Enforcement Board Regular Minutes
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SPECIAL MEETING
CODE ENFORCEMENT BOARD
CITY OF WINTER SPRINGS, FLORIDA
JUNE 20, 1983
A Special Meeting of the Code Enforcement Board of the City of Winter Springs, Florida,
was called to order by Chairman Victor Suarez who then requested the roll be called.
Present:
Victor Suarez, Vice-chairman
Jay Alpert
J. R. Hattaway
Ben Kaplan
Jack Cooper, Code Prosecutor
Charles Sexton, Code Inspector
Absent:
George Mahoney, Chairman
Kenneth Smith
Tom Dougherty
The Chairman advised the Board that the purpose of the special meeting was to determine
the intent of Section 7-1 of the Code of the City of Winter Springs, Florida. He
then requested the Code Prosecutor to issue the opening statement. The Code
Prosecutor advised the Board that a certain activity was taking place on the property
owned by James Hartman, Sr., wherein certain materials were being deposited on his
land. Upon receipt of a complaint the City Manager instructed the Police Chief to
"take care of the situation".
The Police Chief being uncertain of the intent of Sec. 7-1 of the Code, requested the
City Manager refer the matter. The City Manager referred the matter to the City
Attorney who advised the City Manager in accordance with the letter attached to
these minutes and made a portion hereof by reference.
Based on the letter from the Attorney the Chairman of the Code Enforcement Board
expanded the scope of the Hearing to include the determination of whether the
activity which was occurring on the Hartman property was in violation of Sec. 7-1,
i.e. to establish the criteria to determine the intent of Sec. 7-1 using the
Hartman events as a point of reference.
The Code Prosecutor called the following witnesses to testify in sequence: Police
Chief John Govoruhk, City Manager Richard Rozansky, City Commissioner Buck Adkins,
City Commissioner Jim Hartman, and James Hartman, Sr. After hearing evidence as
to the activities which were occurring, the location of the site, zoning of the
site, the surrounding neighborhood, the Board made the following findings of fact:
1. The criteria for determining what constituted littering under Sec. 7-1
varied from location to location; i.e. what would be littering in
residential and developed residential neighborhoods would not be
littering in industrial neighborhoods.
2. That landfill of certain materials including hard, clean material, but
specifically excluding garbage, cardboard, paper, building scraps, etc.
is a permissible operation and does not violate Sec. 7-1.
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Special Meeting, Code Enforcement Board, June 20, 1983
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3. Notwithstanding the findings of fact #2 if such materials were not
covered with clean earth within a reasonable period of time this
activity would then constitute littering.
Having arrived at the foregoing findings of fact the Board arrived at the
following Conclusion of Law:
1. That the interpretation of Section 7-1 is to some extent subjective in
nature and is to be applied in accordance with the type of materials
being deposited on the land, the location of the site and the time of
the exposure of the materials.
This Conclusion of Law was arrived at by virtue of the following motion made
by Alpert, seconded by Mr. Hattaway: Natural land scrapings and solid material
not be considered litter under this Section of the Code for the purpose of landfill
as long as they do not create an unsightly condition and based on my motion, Mr.
Hartman is not in violation. Upon a call of the roll, the vote was unanimous for
the motion.
The Board further considered the recommendations that the City Commission adopt a
landfill ordinance which would be better specifically applied to operations of this
nature. Upon motion by Mr. Suarez, seconded by Mr. Kaplan, to that effect, the
roll was called with the following result: Kaplan, aye; Suarez, aye; Hattaway, nay;
and Alpert, nay;
There being no further business the Chairman requested the motion to adjourn, which
was made by Hattaway, seconded by Alpert and unanimously carried.
Meeting was adjourned 9:05 p. m.
FOUND AND ORDERED BY THE CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS,
FLORIDA, THIS 20th day of June, 1983.
VICTOR SUAREZ,
VICE-CHAIRMAN
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