HomeMy WebLinkAbout1986 07 15 Code Enforcement Board Regular Minutes
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CODE ENFORCEMENT BOARD MEETING
CITY OF WINTER SPRINGS
TUESDAY, JULY 15, 1986
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The Code Enforcement Board Meeting was called to order by Mr. James Dasher, Chairman,
at 7:00 p. m.
Roll Call:
James Dasher, present
Brian Rush, absent
Al Peiper, present
Jay Alpert, present
Larry Cerra, present
Frank Broyles, present
Code Prosecutor Gerald Justice, present
Code Inspector Brenda Sonafelt, present
Motion was made by Mr. Alpert to approve the minutes of May 20, 1986 as presented.
Seconded by Mr. Peiper. Discussion. Vote on the motion: All ayes, motion carried.
Discussion of closed and pending cases - discussed.
Case:
Mr. Ronald F. McDowell-Sec. 44.82:
Code Prosecutor Gerald Justice presented the case. Complaints have been made
of commercial equipment has been found on the property, at 651 Tradewinds Road
in violtion of City Ord. Sec. 44.81 and 44.82.
Mr. Ronald F. McDowell was represented by his attorney, Mr. Thomas Rogers.
Attorney Rogers questioned the section that Mr. McDowell was found in violation.
Discussion followed.
Motion was made by Mr. Alpert that this Board hear this Case at this time and that
we have complied with our rules and supplied Mr. McDowell with sufficient information
so that he knows what the violation was. Seconded by Mr. Broyles. Discussion. Vote
on the motion: Mr. Cerra, aye; Mr. Dasher, aye; Mr. Peiper, aye; Mr. Alpert, aye;
Mr. Broyles, aye; motion carried.
Attorney Rogers said for the record he objected to the procedure that the Board
is following. He felt that Mr. McDowell was not given his due process rights.
The witnesses were sworn in by City Clerk as a group. The following witnesses were
called: Mr. Brandl, Mrs. Betty Brandl, Virginia Phleger and Mr. Carl Stephens.
Mr. McDowell was then sworn in and made a statement in his behalf.
Motion was made by Mr. Alpert that this Board find as a Finding of Fact and Law
that Mr.McDowell was in violation at the address of 651 Tradewinds of the City Code
of Winter Springs, specifically Sec. 44.82, 44.81. He was in violation at several
times in past months of this Code by keeping commercial vehicles in a residential
area. Seconded by Mr. Peiper. Discussion. Vote on the motion: Mr. Dasher, aye;
Mr. Peiper, aye; Mr. Alpert, aye; Mr. Broyles, aye; Mr. Cerra, aye; motion carried.
Motion was made by Mr. Alpert that this Board, recognizing the fact that there is
no violation at the present time but there has been a continuing situation where
there has been violations of the City Code over a period of time, that this Board
formulate an Order of the Board that if in the future times Mr. McDowell keeps
commercial vehicles on his property in violation of the City Code that he be
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Code Enforcement Board Meeting, July 15, 1986
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fined $25.00 per day for every day he has a vehicle and for each vehicle he has
on his property with the understanding that the Code does provide for exceptions
which would allow Mr. McDowell to bring commercial vehicles on his property for
legitimate purposes, construction, delivery, etc. Seconded by Mr. Peiper.
Discussion. Vote on the motion: Mr. Peiper, aye; Mr. Alpert, aye; Mr. Broyles,
aye; Mr. Cerra, no; Mr. Dasher, aye; motion carried.
Meeting was adjourned 9:05 p. m.
Respectfully submitted,
Mary T. Norton,
City Clerk