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HomeMy WebLinkAbout1988 11 15 Code Enforcement Board Regular Minutes CODE ENFORCEMENT BOARD MEETING CITY OF WINTER SPRINGS TUESDAY, NOVEMBER 15, 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 John Ferring, Present Anne Schneider, Present Lloyd Anderson, Present Beverly Fickling, Present Bob Gray, Present John Langelotti, Present Officer Wesley Dowell, Present Lieutenant Gerald Justice, Present Mr. Dasher asked for a motion to approve the minutes of September 20, 1988. Mr. Langelotti made motion to approve the minutes. Mr. Gray seconded the motion. All ayes. Motion carried. Mr. Dasher then made motion to approve the minutes of the Special Meeting of October 26, 1988. Mr Anderson made motion to approve the minutes. Mr. Ferring seconded the motion. All ayes. Motion carried. Closed and Pending Cases: Officer Justice stated that the first case on the agenda is the case which resulted in the Special Meeting on October 26 regarding the Behe, Umholtz and David Joyce properties, Sec. 8.20 and Sec. 14.23. He said that the Council had recommended the approval of ninety days to allow the parties involved to rectify the problems and to come into compliance with the City Ordinances. Discussion. Witnesses were sworn in. Attorney Albert Cook, a representative of Mr. and Mrs. David Joyce, spoke first. He said that the City Council had denied the rezoning ordinance that Mr. Joyce had requested to allow the C-2 zoning which was a prerequisite to allowing the tenant to get the occupational license. They asked for a re-hearing, but the City Council ruled that it was too late to ask for a re-hearing because there was insufficient time to give public notice. He said that the matter is required to go before the Department of Community Affairs, but that the City Planners had informed him that if the parcel for which they seek proper zoning is less than three acres, this can be done without going through the Department of Community Affairs. This, then, would allow the property to be rezoned. Mr. Mike Gray, the attorney who represents Mr. Behe and Mr. Umholtz spoke next. He submitted a letter written from the Mayor of Winter Springs in 1982, Mr. Troy Piland, to Mr. Joyce, inviting him to annex into the City. Mr. Joyce made application for annexation of one half of the property, and it was properly zoned. September 23 of this year, they found that there was a question as to whether they were properly zoned. They were then cited for not having the proper occupational license. They applied for an occupational license, and were advised that the property had not been rezoned as they had thought. Mr. Joyce tried to handle the zoning and was not successful. He stated that a reasonable period of time to persue rezoning a portion of the property and also to look for an alternative site would be ninety days. CODE ENFORCEMENT BOARD MEETING, NOVEMBER 15, 1988 Page 2 Mr. Robert Behe spoke. He said they have been looking in earnest for other property. He said that at a meeting with the City Staff on October 12, they were advised to look into other means of access to the property. They accom- plished this. He said that their intention is to move and also to try to resolve the zoning problem. Discussion. Officer Justice stated that he, as Prosecutor, would ask the Board, knowing what the recommendation of the City Council are, to rule accordingly. Mr. Dasher moved that the offense of Behe and Umholtz, operating a business without a license, be continued until the next meeting in January. Ms. Schneider seconded the motion for discussion. Discussion. Vote on the motion: Ms. Schneider, no; Mr. Anderson, no; Ms. Fickling, no; Mr. Gray, no; Mr. Langelotti, no; Mr. Dasher, aye; Mr. Ferring, no. Motion denied. Ms. Schneider made motion to give Mr. Behe and Mr. Umholtz 120 days to come into compliance with Sec. 8.20 and Sec. 14.23 of the Winter Springs Code. Mr. Ferring seconded the motion for discussion. Ms. Schneider added to the motion "and thereafter be fined $100 per day until they come into compliance. Mr. Ferring withdrew his second to the motion. Mr. Ferring made motion that they have ninety days from this date to comply with the violations or be fined $250 for each day that they are in violation thereafter. Mr. Langelotti seconded the motion for Sec. 8.20. Vote on the motion: Mr. Ferring, aye; Ms. Schneider, aye; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Langelotti, aye; Mr. Dasher, no. Motion carried. Mr. Dasher asked for a motion in the case of Mr. Joyce. Mr. Gray made motion that Mr. Joyce be given ninety days to come into conformity with Sees. 14.23 and 8.20 of the Code of Winter Springs, and for every day thereafter that he is in violation, be fined $100 per day. Mr. Ferring seconded the motion for discussion. Ms. Schneider suggested $50 per day instead of $100. Mr. Ferring seconded the motion for $50 per day instead of $100. Vote on the motion: Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Langelotti, aye; Mr. Dasher, no; Mr. Ferring, aye; Ms. Schneider, aye. Motion carried. Mr. Dasher turned the meeting over to Mr. Gray, Vice-chairman, for the case of Mr. Richard McClellan, as he is a personal acquaintance of Mr. McClelland's. Witnesses for the case were sworn in. Officer Justice stated that the case involves Richard McClelland, 623 Marni Drive, who is in violation of Sec. 9.14 of the City Ordinance, noise nuisance. Officer Justice read the ordinance from the Code Book. He stated that the City had received numerous complaints pertaining to loud noises in which drums have been played at 623 Marni Drive between the hours of 6:00 A.M. and 9:00 P.M.. There is a record of eight complaints. A written warning was issued on August 24 and on October 25, at which time, Mr. McClelland refused to sign for receipt of the warning because the "City of Winter Springs has no noise nuisance ordinance". Officer Dowell issued a notice of violation, and Mr. McClelland was given until November 5 to come into compliance. There are no records of of any complaints since. Officer Justice called the witnesses in the case. Thomas J. Moore II, 625 Marni Drive was the first witness. Officer Justice asked him if the loudness of the drums was causing him discomfort. He answered yes. The next witness was Ms. Kay Taylor, 621 Marni Drive. Officer Justice asked her when she last had a problem with the drums. She said approximately two to three weeks ago. Mr. John L. Taylor, 621 Marni Drive spoke next. He said that there was intrusive noise coming from the garage. Mr. Richard McClelland testified. He stated that he is going to install a foam insulation in the walls of the garage. Mr. Larry McMan of 505 Marni Drive witnessed. He stated that he did not find the drums offensive. Discussion. Officer Justice said that we have presented a / CODE ENFORCEMENT BOARD MEETING, NOVEMBER 15, 1988 'Page J substantial case to verify that there is a violation of 9.14 of the City Ordinance, noise nuisance. He asked the Board to move accordingly. Motion was made by Mr. Ferring that Mr. McClelland be found in violation of Sec.~ 9.14. Mr. Langelotti seconded the motion. Vote on the motion: Ms. Schneider, aye; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Langelotti, aye; Mr. Dasher, abstain; Mr. Ferring, aye. Motion carried. Relief Order: Motion was made by Mr. Ferring that thirty days from today's date, there will be a fine of $50 per violation. Vote on the motion: Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Langelotti, aye; Mr. Dasher, abstain; Mr. Ferring, aye; Ms. Schneider, aye. Motion carried. Officer Justice presented the case of Thomas and Deborah Golling, 227 Shore Drive, who have been cited for violation of Sec. 7.2, unkempt property, and Sec. 5.149, pool nuisance. Officer Justice read the violations. The owners no longer reside at the property. They are living in Minnesota. Notice of violation was sent to the Gollings and signed for on September 22. A notice was also sent to the mortgage company that holds the mortgage on the property. The property is not in foreclosure. Officer Dowell submitted photographs as evidence. They were given until October 14 to rectify the problem. Neither violation has been taken care of. No one was present at the meeting to represent the Gollings. Discussion. Officer Justice stated that after sending a Relief Order, if the property is not brought into compliance, the City would clean up the property and then file a lien against the property. Discussion. Ms. Schneider made motion that Thomas and Deborah Golling are guilty of violating Sec. 7.2 and Sec. 5.149 of the Code of Winter Springs. Mr. Langelotti seconded the motion. Vote on the motion: Ms. Fickling, aye; Mr. ~ Gray, aye; Mr. Langelotti, aye; Mr. Dasher, aye; Mr. Ferring, aye; Ms. Schneider, aye; Mr. Anderson, aye. Motion carried. Relief Order: Mr. Langelotti made motion that Thomas and Deborah Golling be fined $25 per day, starting thirty days after notification, until the property is cleaned up. Vote on the motion: Mr. Gray, aye; Mr. Langelotti, aye; Mr. Dasher, aye; Ms. Schneider, aye; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Ferring, aye. Motion carried. Mr. Langelotti moved to adjourn. Ms. Schneider seconded the motion. All ayes. Meeting adjourned at 10:00 P.M.. Respectfully Submitted, Caroline McGinley City Clerk's Office