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HomeMy WebLinkAbout1988 06 28 Code Enforcement Board Regular Minutes . . . CODE ENFORCEMENT BOARD SPECIAL MEETING TUESDAY, JUNE 28, 1988 The special Meeting of the Code Enforcement Board was called to order by Mr. James Dasher, Chairman, at 7:10 P.M. ROLL CALL: Jame~ Dasher, Present Al Peiper, Present Milo Jones, Present James Kaley, Present Beverly Fickling, Present Bob Gray, Present Anne Schneider, Present Discussion of closed and pending cases: Mr. Dasher stated that Beverly Snyder of 1614 White Dove, is charged with operating a business without a license, Sec. 8.20, and with noise nuisance, Sec. 9.14 of the Ordinances of the City of Winter Springs. Officer Dowell and all witnesses were sworn in. Officer Dowell explained that he had received a complaint that the occupant of 1614 White Dove was giving swimming lessons to children and that they were making noise and disturbing the peace. He stated that he had sent a notice of violation to Mrs. Snyder with regard to the violation of Sec. 8.20, running a business wihout a license, and 9.14, noise nuisance, giving her a period of time to come into compliance. Attorney John Horan questioned Officer Dowell. Officer Justice called the complainant, Mrs. Selma Lewis of 1621 White Dove, to testify. She testified that a business was being conducted, that there is heavy traffic, and continuous screaming of children. Attorney Horan questioned Mrs. Lewis. Discussion. Officer Justice produced two sworn statements. The first, Exhibit A, was from Mrs. Betty Wiseman who stated that her children had had swimming lessons given by Mrs. Snyder, and in payment, her husband, a veterinarian, had offered to take care of Mrs. Snyder's cat. Exhibit B was a letter from Moran Nordhorn, who stated that she paid $24 by check for her daughter's lessons. Attorney Horan asked Officer Justice if Mrs. Snyder had inquired to the City about the need for a license. Officer Justice replied that she had written a letter to the City in reference to a license or variance of the Zoning Ordinance. The letter was directed to the City Attorneys, and was turned down. The letter was dated 5/18/87. He then read the letter from Attorney Linda Barnby to the City Manager. In the letter, she stated that she spoke with Mrs. Snyder and advised her that there is prohibition against home occupations - that this exists in the Tuscawilla PUD, and unless a waiver from the Home Owners Association is obtained, the Board of Adjustment would not grant a zoning clearance contrary to PUD restrictions. Code Enforcement Board Speical Meeting, June 28, 1988 Page 2 . She stated that unless Mrs. Snyder provides 'us' (the City Attorneys) with a copy of the Homeowner's document, she plans to do nothing further on this matter. Officer Justice stated that no license has been issued. He presented photographs showing vehicles going in and out of Mrs. Snyder's residence. He stated that Mrs. Snyder had been given notice of the violations on 5/18/88, and was given until 6/1/88 to come into compliance. Officer Justice called Mrs. Martin Kramer (Bonnie) of 1605 North Wing Court, to testify. She claimed that she had not been charged for the swimming lessons her child received. Officer Justice called Mrs. Gerald Brinton to testify. She stated that she had taken her child for swimming lessons but had not made any payments. Attorney Horan called Beverly Snyder to testify. Mrs. Snyder stated that she does not make any money. 'Occasionally', she said, they will give her flowers or gifts as a favor. He asked if anyone had ever complained about noise. She answered no. She stated that as of last Thursday she was not giving swimming lessons for any purpose. He asked her if the swimming lessons were 'some kind of trade' that she engages in. She answered that she is 'trading favors for favors'. Officer Justice questioned Mrs. Snyder. He asked her if she had stated that she had not taught lessons for monetary reasons. She replied that she does not ask for payment. He asked her if she did not accept a check in the amount of $24. She answered that the lady had "slipped" it to her on her way out, and she had "no way of accepting it or not". . Mr. Ronald Lewis, husband of Mrs. Lewis, the complainant, spoke. He stated that they only wanted peace and quiet. Mr. Peiper made motion that Mrs. Snyder be found guilty of operating a business without a license, Sec. 8.20. Mr. Gray seconded the motion. Vote on the motion: Mr. Dasher, aye; Mr. Peiper, aye; Mr. Jones, aye; Mr. Kaley, aye; Ms. Fickling, aye; Mr. Gray, aye; Ms. Schneider, aye. Motion carried. Mr. Peiper made motion that Mrs. Snyder is guilty of noise nuisance, Sec. 9.14. Ms. Fickling seconded the motion. Vote on the motion: Mr. Peiper, aye; Mr. Jones, aye; Mr. Kaley, no; Ms. Fickling, aye; Mr. Gray, aye; Ms. Schneider, aye; Mr. Dasher, aye. Motion carried. Mr. Gray moved and Ms. Schneider seconded the motion that the Relief Order be in two sections. All ayes. Motion carried. Ms. Schneider made motion that Mrs. Snyder be found guilty of operating a business without a license. If she is found guilty in the future, she will be fined $25 a day. Mr. Kaley seconded the motion. Vote on the motion: Mr. Jones, aye; Mr. Kaley, aye; Ms. Fickling, no; Mr. Gray, no; Ms. Schneider, aye; Mr. Dasher, aye; Mr. Peiper, aye. Motion carried. . Ms. Schneider made motion that in the case of future violations of Sec. 9.14, noise nuisance, Mrs. Snyder be fined $15 per occurrance at any time in the future. Seconded by Mr. Peiper. Vote on the motion: Mr. Kaley, no; Ms. Fickling, no; Mr. Gray, aye; Ms. Schneider, aye; Mr. Dasher, aye; Mr. Peiper, aye; Mr. Jones, aye. Motion carried. . . . Code Enforcement Board Special Meeting, June 28, 1988 'Page 3 Meeting adjourned at 9:00 P.M. Respectfully Submitted, ~~~~b~ Caroline McGinley City Clerk's Office