Loading...
HomeMy WebLinkAbout1988 05 17 Code Enforcement Board Regular Minutes . . . CODE ENFORCEMENT BOARD MEETING CITY OF WINTER SPRINGS TUESDAY, MAY 17, 1988 The Code Enforcement Board Meeting was called to order by Mr. James Dasher, Chairman, at 7:00 P.M. ROLL CALL: James, Dasher, Present Milo Jones, Present Anne Schneider, Present Jim Kaley, Present Beverly Fickling, Present Bob Gray, Present Al Peiper, Absent Gerald Justice, Prosecutor, Present Wesley Dowell, Code Inspector, Present Mr. Dasher noted that in the March minutes, the offense of the offender was not articulated in full, and should be stated in each case, besides merely giving the code number of the case. He asked for a motion to accept the minutes. Motion was made by Ms. Schneider to accept the minutes of March 15, 1988. Ms. Fickling seconded the motion. All ayes. Motion carried. Discussion of closed and pending cases: Richard G. Witherspoon - Noise - Sec. 9.14 (C.l) Officer Justice explained that the noise offense is loud music. There have been several complaints. The problem has not reoccurred since April 9th. There were two write-ups on April 9th late at night. This is a recurring problem. Though it has not occurred since April 9th, Officer Justice felt that it should be brought before the Board for a ruling, as it is a recurring problem. There was no representative for Mr. Witherspoon at the meeting. He was notified by certified mail on April 20th. Discussion. Mr. Dasher asked for a motion that Mr. Witherspoon be found guilty of Sec. 9-14. Mr. Dasher moved that Mr. Witherspoon be found guilty of Sec. 9-14. Ms. Fickling seconded the motion. Vote on the motion: Mr. Jones, aye; Ms. Schneider, aye; Mr. Kaley, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Dasher, aye. Motion carried. Relief Order: Ms. Fickling moved that Mr. Witherspoon be fined $50 each time he is found guilty of the same offense, after notification. Mr. Gray asked if there was a Statute of Limitations on this. Officer Justice said no. Discussion. Ms. Schneider seconded the motion. Vote on the motion: Ms. Schneider, aye; Mr. Kaley, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Dasher, aye; Mr. Jones, aye. Motion carried. Lary or Susan Bach - unkempt property - Sec. 7.2 Officer Justice read the ordinance stating that if the owner fails to comply, he shall be notified by the City, and allowed 15 days to comply. After that, the City will have the right to enter the property, clear the land, and charge the owner the cost. Officer Justice presented pictures of the property that were taken yesterday, May 16. The Bachs were served notice on April 15th by mail. Discussion. They advised Officer Dowell on March 11 that the property would be cleaned up within one week. The problem still exists. Officer Justice stated that the City has the right to go in and clean up the property before going before the Code Board. The Bachs were not present at the meeting. Mr. Gray made motion that the Bachs be found in violation of Sec. 7.2. Ms. Fickling seconded the motion. Vote on the motion: Ms. Schneider, aye; Mr. Kaley, aye; . Code Enforcement Board Meeting, May 17, 1988 Page 2 Ms. Fickling, aye; Mr. Gray, aye; Mr. Dasher, no; Mr. Jones, aye. Motion carried. Discussion. Mr. Gray made motion that if the Bachs haven't cut their grass within a week after notification, they will be fined $50 for this violation, and $25 for every violation thereafter. Seconded by Ms. Schneider. Restated Relief Order: If they have not cut the grass within a week, they will be fined $50, and an additional fine of $5 a day for every day thereafter. Mr. Dasher's restatement of the Order: A week after notification, the Bachs shall be fined $50 per offense, and $5 per day for each day the offense continues. Vote on the motion: Ms. Fickling, aye; Mr. Gray, aye; Mr. Dasher, no; Mr. Jones, aye; Ms. Schneider, aye; Mr. Kaley, aye. . Harold Pottruff - Boat parked in front yard - Sec. 44-74 Officer Justice stated that Sec. 44-74 states that boats may be kept in a garage, carport, rear yard, side yard, but not fronting on any street. Certified mail was signed for on March 19, 1988 giving him until March 25, 1988 to come into compliance. The violation still occurs. Mr. Potruff was sworn in. He stated that he had had a boat for 17 years, and has kept it in the same place for 17 years. This is the first citation for it. He brought a notarized statement from his next door neighbor saying that the boat does not bother her, as well as a statement from another neighbor. He said that when he obtained a permit for the driveway that he poured to keep the boat on, he explained to 'them' that it was for a boat. No one said he couldn't have a boat there. He has no other place to put the boat. Discussion. Ms. Schneider made motion that Mr. Pottruff be found in violation of Sec. 44-74 of Winter Springs City Code. Ms. Fickling seconded the motion. Vote on the motion: Ms. Fickling, aye; Mr. Gray, aye; Mr. Dasher, aye; Mr. Jones, aye; Ms. Schneider,aye; Mr. Kaley, aye. Motion carried. Relief Order: Ms. Schneider made motion that Mr. Pottruff be fined $25 per day after 10 days from this date (May 17, 1988), if the boat is not removed from the illegal location as specified in Sec. 44-74. Ms. Fickling seconded the motion. Mr. Gray, aye; Mr. Dasher,aye; Mr. Jones, aye; Mr. Kaley, aye; Ms. Fickling, aye; Ms. Schneider, aye. Motion carried. . Donald or Patricia Dorman - Noisyanimals- Sec. .4.15 Officer Justice presented the case. He stated that this case goes back to back to November 11, 1987. There have been 11 complaints, the last being April 1, 1988. Two complainants were present at the meeting. The Dormans were also present. All were sworn in. The first complainant to speak was Carolyn Lee Naipavel, 579 Walaen Court, Winter Springs. She complained that the dog was placed outside at about 5:30 a.m., and barked continuously. She called the Dormans and asked that they not put the dog out. The officers came out. It was quiet for awhile, then the 'pattern' would repeat itself. The last occurrence was on April 1, 1988. Officer Justice asked her if the dog breaches her peace and dignity. She answered yes. Discussion. Mrs. Naipavel's daughter, Victoria Nicolo spoke. She testified that she has to get up at 5:30, but the dogs wake her up at 5:00 a.m.. She gets home at 4:00 p.m. and isn't able to do her homework because of the dogs barking. Officer Justice asked if the dogs breached her peace. She answered yes. Discussion. Patricia Dorman spoke. Officer Justice asked how many dogs were at her residence. She answered four at the present time. He asked her if this problem had been brought to her attention in the past, and if she had received written notices which she signed, advising her of the violation. She answered yes, and stated that an officer had also come to her door to tell her that the dogs had been barking when they had not. Discussion. . Code Enforcement Board Meeting, May 17, 1988 Page 3 Donald B. Dorman spoke next. Mr. Dorman stated that he had had calls with complaints that his dog was barking when it wasn't, and he believes that when other dogs are barking in the neighborhood, it is assumed that it is his dog. Officer Justice stated that Mr. Dorman had had two written notifications which had been signed for, dated October 22, 1987. Mr. Gray asked what had been done to improve the situation. Mr. Dorman said that they take the dogs out and go out with them, then bring them back inside immediately. Mr. Dasher moved that the Dormans be found guilty as a continuing condition due to repeated past violations of Ordinance 4.15. Mr. Gray seconded the motion. Vote on the motion: Mr. Dasher, aye; Mr. Jones, aye; Ms. Schneider, aye; Mr. Kaley, aye; Ms. Fickling, aye; Mr. Gray, aye. Motion carried. Ms. Schneider asked that if a complaint is made, can it be made in a motion that the complaint has to be con~irmed by an officer of the City. Officer Justice said that the State Statute refers to that - that the complaint must be verified by either the complainant or an officer of the law. Relief Order: Mr. Gray stated that in view of the continuing nature of these violations, he would move that the Dormans be fined $25 for every future occurrence of violation of this code 4.15. Mr. Dasher restated the motion, that Mr. Gray had moved that there be a $25 fine to occur on confirmation of any future complaint of barking dogs. Mr. Dasher seconded the motion. Vote on the motion: Mr. Jones, aye; Ms. Schneider, aye; Mr. Kaley, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Dasher, aye. Motion carried. . Officer Justice opened the case of Oather Marving Westbrook, 537 Willow Way, in violation of City Code 7.1, littering statute, including garbage, trash, etc. left on the front of the property when the Westbrooks moved out of the residence. They were given a period of time to come into compliance. Public Works went onto the property and removed all of the garbage and trash, which came to a total of $39.50, which bill was sent to the responsible party at 5:45 this afternoon. The Westbrooks presented Officer Justice with a money order in the amount of $49.59 to reimburse the City, therefore Officer Justice considered this case closed. Officer Justice opened the case of Drew A. Mooty in violation of Sec. 9.6 and 11.20 concerning the destruction or defacing of public and private property. A front-end loader got loose and lumbered down the street, damaging the street on the corner of Oneida Court and Seneca Boulevard. The vehicle was impounded by the City of Winter Springs. All costs and repairs have been taken care of. Therefore Officer Justice considered this case closed. Mr. Dasher noted that if a violator is present at the meeting, the time element for the clearing up of the violation can begin the night of the meeting. Mr. Gray moved that the meeting be adjourned. Seconded by Ms. Schneider. All ayes. Meeting adjourned at 8:45 P.M. Respectfully Submitted, . ~~ f\t\t.b' Caroline McGinley ~ City Clerk's Office