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HomeMy WebLinkAbout1988 03 15 Code Enforcement Board Regular Minutes . CODE ENFORCEMENT BOARD MEETING CITY OF WINTER SPRINGS TUESDAY, MARCH 15, 1988 The Code Enforcement Board was called to order by Mr. James Dasher, Chairman, at 7:00 P.M. ROLL CALL: James Dasher, Present Milo Jones, Absent Anne Schneider, Present Jim Kaley, Absent Beverly Fickling, Present Bob Gray, Absent A1 Peiper, Present Gerald Justice, Code Prosecutor, Present Wesley Dowell, Code Inspector, Present Motion was made by Mr. Peiper to approve the minutes of the January 19, 1988 meeting. Ms. Schneider seconded the motion. All ayes. Motion carried. Officer Justice handed out the 'Log' of the violations which have occurred over the past two months to the members of the Board. . Officer Justice explained the problem of the feeling by member of the Board that nothing can be done about a violation which has been corrected just prior to a meeting even though it has been a recurring problem up until the time of the meeting. He stated that even though a problem has been corrected, but reoccurs and then is corrected again just prior to a hearing, the case can still be presented, and he presented a letter to the Board from the City Attorney confirming this information. Each member of the Board read the letter. Discussion of closed and pending cases: . John C. or Patti Nelson - Sec. 44-81 Officer Justice explained that the Nelson's boat was found on the property several times after inspections. Notice was received by certified mail on 2/8/88. Mr. Nelson was sworn in. He stated that he had not known that he was in violation. He was asked to move the boat by January 4, 1988. He brought the boat home due to the 'holidays', but stated that he did not bring it home before he spoke to someone at City Hall. He stated that due to an illness in the family which caused him to have to leave town until the 7th of January, he was unable to move it, but as soon as he returned, he moved it. The next infraction was when he brought it home to wash it. He was asked to remove it within the next two days, which he did. It has not been back on his property since then. Officer Justice asked him if he was cited on 12/21/87. He replied yes. Ms. Schneider asked him if he intends to bring it back onto his property in the future. He said that he intends to bring it back to load and unload it. Mr. Peiper moved that he be found in violation of 44-81. Ms. Fickling seconded the motion. Vote on the motion: Mr. Dasher, aye; Ms. Schneider, aye; Ms. Fickling, aye; Mr. Peiper, aye. Motion carried. Mr. Dasher asked if there was a provision in the statute that provided for time to pull a boat up to load and unload. Officer Justice said no. He suggested that Mr. Nelson address the Ci~~ Council for the time. He said that he didn't think there would be a problem if he brought it to his property and pulled it out in a matter of minutes. Mr. Peiper moved that Mr. Nelson be fined $25 per violation in the future. Ms. Schneider seconded the motion. Mr. Dasher suggested that Mr. Nelson be fined as of today's date, March 15, 1988. Vote on the motion: Ms. Schneider, aye; Ms. Fickling, aye; Mr. Peiper, aye; Mr. Dasher, aye. Motion carried. Mr. Dasher suggested that Mr. Nelson appeal to the City Commission with regard to a person leaving a boat on his property long enough to load. . . . Code Enforcement Board Meeting, March 15, 1988 Page 2 Gloria Christopher - Sec. 4-13 (A) Officer Justice explained that after the previous meeting of the Board, there had been a reoccurrence of the problem. There have been several reports of the dog running loose. He asked that the Board find Ms. Christopher in violation of Sec. 4-13 (A). Ms. Christopher was sworn in. She said that her dog was 'very smart' and could open the door because of the type of door knob she has. She also stated that someone had stolen the dog and had allowed it to get loose. Also her children allowed the dog to get out. Officer Justice asked her if she had received notice of violation on 12/23/87. She replied yes. He asked her if she realized that since then the dog had been running loose. She answered yes. Mr. Dasher moved that Ms. Christopher be found in violation of Sec. 4-13 (A). Seconded. Vote on the motion: Ms. Fickling, aye; Mr. Dasher, aye; Ms. Schneider, aye; Mr. Peiper, aye. Motion carried. Mr. Peiper moved that Ms. Christopher be found in violation of Sec. 4-13 (A). Ms. Fickling seconded the motion. Vote on the motion: Mr. Dasher, aye; Ms. Schneider, aye; Ms. Fickling, aye; Mr. Peiper, aye. Motion carried. Mr. Dasher moved that Ms. Christopher be fined $25 per violation from this date per violation. Seconded by Ms. Fickling. Vote on the motion. Ms. Fickling, aye; Mr. Peiper, aye; Mr. Dasher, aye; Ms. Schneider, aye. Motion carried. Dan Shay - Sec. 7-1, 7-2, 9-9, 44-85 Officer Justice explained that Mr. Shay had been advised to remove the refrigerator out of his yard on January 5, 1988, and the problem still exists. Mr. Roy was sworn in as a witness, and stated that the yard was still full of junk, though some improvements have been made. Officer Dowell stated that Mr. Shay was 'working on it'. Officer Justice asked Mr. Shay if he had not been cited on January 5, 1988, over two months ago. Mr. Shay answered yes. Officer Justice rested his case. Discussion. Mr. Peiper moved that Mr. Shay be found in violation of all four charges. Ms. Fick- ling seconded. Vote on the motion: Mr. Dasher, aye; Ms. Schneider, aye; Ms. Fickling, aye; Mr. Peiper, aye. Motion carried. Mr. Peiper moved that Mr. Shay come into compliance with all four violations or as of April 15, 1988, be fined $50 per day. Ms. Schneider seconded the motion. Vote on the motion: Ms. Schneider, aye; Ms. Fickling, aye; Mr. Peiper, aye; Mr. Dasher, aye; Motion carried. Dr. Charles Martin - Sec. 14-1 (0) The City Engineer, Mr. Leonard Kozlov, Architect, Mr. Steven Krone, and Dr. Charles Martin were sworn in. Mr. Kozlov explained that a memo was signed by Mr. Krone dated November 11, 1987, asking him to go ahead and inspect the site with the "As Built" engineering that was submitted to him with a certification from the Engineer of Record, Mr. Tom McCann. This was done to verify that the engineering that was approved by the Review Board was the engineering that was built. Mr. Koslov received a letter of certification stating that the engineering was in conformance with the approved engineering by the Board. The letter was dated November 10,- 1987. He also stated that he had a copy of the engineering that was signed off as an "As Built" by Mr. McCann. Mr. Kozlov said that he went to the site with the Public Works Director on November 12, 1987. The swales were not in conformance with the engineering that was approved, and was in controversy with what the engineer actually said. Mr. Kozlov stated that he refused to sign the certification for the project. He told Dr. Martin of the problem. After several conversations with Dr. Martin's representative, he agreed to sign the Certificate of Occupancy around Thanksgiving. He had agreed to go ahead and get the job done. After eight weeks, Mr. Kolov called Dr. Martin and asked when he was going to get it done. Dr. Martin said he would get it done "this week or next week". Nothing . . . Code Enforcement Board Meeting, March 15, 1988 Page 3 was done. Dr. Martin then spoke. He stated that the engineer he had hired submitted plans that were approved by the City. Since then he found out that they were in violation. The contractor said he wouldn't do any more on the swales until he knew who was going to pay for it. Construction stopped. Dr. Martin felt that he wasn't liable for it. Mr. Krone, the architect, then spoke. He stated that the original engineer refused to be further involved with the project. He spoke with the new engineer, Mr. Robert Pelham, who has come to an acceptable solution for the back swale and the swale that runs up the west side of the building. Mr. Krone stated that Mr. Pelham would be calling Mr. Kuzlov on March 16 to review the solution. Mr. Dasher asked how long it would take to get the job done. Mr. Krone said that after meeting with Mr. Kozlov, the corrections could be made within a week from next Thursday or Friday. Mr. Kd?lov said that the problems had occurred because a lot had been done without contacting him. Discussion. Mr. Peiper made motion that Dr. Martin is in violation of Sec. 14-1 (0). Ms. Schneider seconded the motion. Vote on the motion: Ms. Fickling, aye; Mr. Peiper, aye; Mr. Dasher, aye; Ms. Schneider, aye. Motion approved. Mr. Dasher made the motion that Dr. Martin come into compliance with Sec. 14-1 (0) within 30 days from this day, March 15, 1988 or suffer a fine of $100 per day until correction is made. Vote on the motion: Mr. Dasher, aye; Ms. Schneider, aye; Ms. Fickling, aye; Mr. Peiper, aye. Motion carried. Mary W. Scott - Sec. 4-13 (A) Officer Justice stated that this is an ongoing problem. She was served with a certified notice of violation on February 6, 1988. He asked the Board to rule accordingly. Ms. Scott was not present at the meeting. Motion was made by Ms. Schneider that Ms. Scott is in violation of Sec. 4-13 (A). Mr. Peiper seconded the motion. Ms. Fickling made motion that Ms. Scott be fined $25 per violation after notification. Mr. Dasher seconded the motion. Vote on the motion: Mr. Dasher, aye; Ms. Schneider, aye; Ms. Fickling, aye; Mr. Peiper, aye; Mr. Peiper, aye. Motion carried. Lori Vogel - Sec. 4-15 Officer Justice said that he had spoken to a neighbor last night, who advised him that the animals bark constantly. Ms. Vogel was cited on 12/20/87, 1/30/88, and 2/1/88. He asked the Board to find Ms. Vogel in violation of Sec. 4-15. Mr. Peiper moved that she was in violation. Ms. Fickling seconded the motion. Vote on the motion: Ms. Fickling, aye; Mr. Peiper, aye; Mr. Dasher, aye; Ms. Schneider, aye. Motion carried. Ms. Fickling made motion that Ms. Vogel be fined $25 for each violation after written notification. Seconded by Mr. Peiper. Vote on the motion: Mr. Peiper, aye; Mr. Dasher, aye; Ms. Schneider, aye; Ms. Fickling, aye. Motion carried. Marie Wallace - Sec. 44-85 Officer Justice presented pictures of the disabled vehicle. Violation was written up on 12/15/87. She was given five days to resolve the problem. It was written up again on 1/19/88 and given six days to be resolved. The pictures were taken on 3/7/88. Officer Justice asked that the Board move that she is in violation. Mr. Peiper moved that she is in violation of Sec. 44-85. Ms. Fickling seconded the motion. Ms. Schneider made motion that Ms. Wallace suffer a fine of $50 per day for each day after April 1, 1988, until the violation is brought into compliance. Mr. Peiper seconded the motion. Vote on the motion: Mr. Dasher, aye; Ms. Schneider, aye; Ms. Fickling, aye; Mr. Peiper, aye. Motion carried. . . . 60de Enforcement Board Meeting, March 15, 1988 Page 4 Kenneth Black - Sec. 44-85 (1) Officer Justice stated that Mr. Black was written up on 6/6/87, 11/19/87, and again in 1988. The violation was to be corrected by 1/23/88. He presented pictures of the disabled vehicle which were taken on 3/7/88. He has not come into compliance. Mr. Dasher made motion that Mr. Black is in violation. Seconded by Mr. Peiper. Vote on the motion: Ms. Fickling, aye; Mr. Peiper, aye; Mr. Dasher, aye; Ms. Schneider, aye. Motion carried. Ms. Fickling made the motion that Mr. Black come into compliance with Sec. 44-85 (1) or from four days after notification, be fined $25 per day until the violation is brought into compliance. Mr. Peiper seconded the motion. Vote on the motion: Mr. Peiper, aye; Mr. Dasher, aye; Ms. Schneider, aye; Ms. Fickling, aye. Motion carried. Bill Hobson - Sec. 8-20 Officer Justice stated that as of yesterday, Mr. Hobson still had no license. He asked the Board to move in violation against him. Mr. Peiper moved that the Board find Mr. Hobson in violation. Seconded by Mr. Dasher. Vote on the motion: Mr. Dasher, aye; Ms. Schneider, aye; Ms. Fickling, aye; Mr. Peiper, aye. Motion carried. Mr. Dasher moved that Mr. Hobson suffer a fine of $25 per day starting two weeks after notification until the violation is complied with. Mr. Peiper seconded the motion. Vote on the motion: Mr. Peiper, aye; Mr. Dasher, aye; Ms. Schneider, aye; Ms. Fickling, aye. Motion carried. Ronald Nutt - Chapter 7 Officer Justice stated that this is a continual problem. The property is allowed to grow up, then after receiving a notice, is cut, then it is allowed to grow up again. He asked the Board to move that we have a continual problem. Mr. Peiper moved that Mr. Nutt is guilty of an ongoing violation of Chapter 7. Ms. Schneider seconded the motion. Vote on the motion: Ms. Fickling, aye; Mr. Peiper, aye; Mr. Dasher, aye; Ms. Schneider, aye. Motion carried. Mr. Dasher moved that Mr. Nutt come into compliance with Chapter 7, or from three days after notification, be fined $50 per day for any day of continued violation. Mr. Peiper seconded the motion. Vote on the motion: Mr. Peiper, aye; Mr. Dasher, aye; Ms. Schneider, aye; Ms. Fickling, aye. Motion was made to adjourn the meeting. Meeting adjourned at 9:55 P.M. Respectfully Submitted, ~~~ ~h~ Caroline McGinley \ City Clerk's Office