Loading...
HomeMy WebLinkAbout1989 01 17 Code Enforcement Board Regular Minutes . ~ODE ENFORCEMENT BOARD MEETING CITY OF WINTER SPRINGS TUESDAY, JANUARY 17, 1989 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, Absent Officer Wesley Dowell, Present Lieutenant Robert Butler, Present Officer Melodie Berdoll, Present Mr. Dasher introduced Lieutenant Robert Butler, the new Prosecutor for the Code Enforcement Board, and Officer Melodie Berdoll, a new Code Inspector for the Board, to the members of the Board. . Mr. Dasher pointed out amendments which he wished to be made to the November 15, 1988 minutes of the Code Enforcement Board Meeting: Attorney Cook, who was representing Mr. David Joyce at the meeting, referred to the Commission as the "Council". Mr. Dasher wished that to be changed to Commission in the minutes. He also wished to add the words "Relief Order for", to the sentence "the offense of Behe and Umholtz, operating a business without a license", as the Relief Order was being discussed at the time. The reason for Mr. Dasher's turning the meeting over to the Vice-Chairman, Mr. Gray, in the case of Mr. Richard McClelland, was not as the minutes stated, that he knew Mr. McClelland, but because he knew one of the witnesses in the case, Mr. Moore. He wished that to be amended also. Mr. Dasher moved that the minutes be approved as amended. Mr. Ferring seconded the motion. All ayes. Minutes approved. Mr. Ferring made a motion to nominate Mr. Bob Gray as Chairman of the Code Enforcement Board. Ms. Fickling seconded the motion. Vote on the motion: Mr. Dasher, aye; Mr. Ferring, aye; Ms. Schneider, aye; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye. Motion carried. Ms. Fickling made a motion to nominate Mr. James Dasher Vice-Chairman. Ms. Schneider seconded the motion. Vote on the motion: Mr. Ferring, aye; Ms. Schneider, aye; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Dasher, aye; Motion carried. The Business Session of the Meeting was adjourned. . Mr. Gray called the Meeting to order. Witnesses for the case of Dan Shay or Ada M. Assam were sworn in. Officer Butler stated that Mr. Shay or Ms. Assam of 74 South Devon is in violation of Sec. 44.81, having a commercial vehicle parked on the street. This problem was corrected, however it was moved to the yard, which is still in violation. Written warning was on December 21 and signed by Dan Shay. It was to be corrected by the 22nd. of December but was not. Notice was sent by certified mail on the CODE ENFORCEMENT BOARD MEETING, JANUARY 17, 1989 Page 2 23rd., and was signed by Ada M. Assam. Officer Dowell reinspected the violation on the 16th of January, and the violation still exists. . Officer Dowell witnessed. He said that he went to the residence this afternoon and that the problem is still not corrected. He said that in the back of the house there is a boat on the ground and a trailer beside it. He advised them that the boat needed to put on the trailer, and the grounds cleaned up. The carport also needs cleaning. Discussion. Ms. Assam witnessed. She stated that the boat will be taken care of tonight. Dan Shay testified. He said that he had been getting "cluster" headaches since a week before Christmas, and therefore has not been able to comply with the violations. Mr. Dasher moved that Dan Shay and Ada M. Assam are in violation of the Code of Winter Springs containing Sees. 44.82, 85, 81, and Sec. 7.1. Seconded by Mr. Anderson. Vote on the motion: Mr. Dasher, aye; Mr. Ferring, aye; Ms. Schneider, aye; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Motion carried. Relief Order: Mr. Dasher moved that Mr. Shay and Ms. Assam clean the premises involved in this complaint to the satisfaction of an officer of the City of Winter Springs within one week of this hearing, due to the fact that the violators are here tonight, or be fined $50 for each day the violation continues. Mr. Ferring seconded the motion. Vote on the motion: Ms. Schneider, aye; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Dasher, aye; Mr. Ferring, aye; Motion carried. . Mr. Jim Hartman, who was in the audience, was allowed to speak on behalf of the David Joyce property which was heard and a Relief Order given at the last meeting. He asked for an extension to the fine given to Mr. Joyce, of $50 a day, and he wanted to see if this could be brought back to the City Commission - the zoning request that he had made and was denied. He said that he would be meeting with the Commission again, and the attorneys to see what legally could be done to alleviate the problem, as well as to do away with the $50 a day fine. He said that equipment has been moved to other property, and they are now using a road that runs beside the railroad track and comes out at Wagner's Curve so that the traffic will not be going through the residential area. He said that they are trying to work with the City and trying to bring themselves into compliance. Mr. Dasher explained that a decision had been made, and he didn't believe the Code Enforcement Board could do anything more unless new evidence comes up and through the prosecuting officer is put back on the agenda. Mr. Hartman said he would be going with Mr. Cook, the attorney, to the Commission again. He asked for an extension of the Relief Order until it could come back up to the Commission. Mr. Dasher said that after having read the State Statutes, he did not see that they had the authority to do that. Officer Butler stated that according to his inter- pretation of appeals, you cannot_appeal to the same Board that made a ruling; you have to appeal to a different entity. . Officer Butler presented the case against James T. Martello or Chuck Thompson of the Winter Springs Development Corporation, Sec. 13, an illegal road cut at the corner of Vista Willa Drive and Seneca Boulevard. He said they applied to the City for a permit on November 14th and were rejected on the 16th of November. On the 5th of December it was noted that a road cut had been made anyway. Officer Dowell took pictures of the cut on the 5th of December. Officer Butler said that the City Engineer stated that the following measures should be taken to rectify the illegal cut: 1. That a compaction test of the existing subgrade in the road cut area should be submitted by a professional geotechnical engineer registered in the State of FLorida, and a minimum of 95% compaction be obtained in these areas. 2. An 8 inch concrete base should be installed in an appropriate . . . CODE ENFORCEMENT BOARD MEETING, JANUARY 17, 1989 Page 3 road base. 3. That a 1~ inch asphaltic type concrete base-one wearing surface should be installed. All roadways should be witnessed by a representative from the City with appropriate notification. On December 29th, a certified letter was sent to Winter Springs Development Corporation and signed for. On January 16, Officer Dowell reinspected the site. He advised that concrete had recently been poured, but no one had been contacted or notified concerning any further repairs. Also, the fact remains that it was originally cut without obtaining a permit, and even with a permit rejected. Officer Dowell said that the City Engineer was supposed to have furnished him with a written statement that this violation had been corrected. The City Engineer didn't have anything. He called the Public Works Director who was in charge of the project, to make sure that they did what they were ordered to do. The Public Works Director said he did inspect it, and it was in compliance as far as the test showed. They told him that they would put the black top on tomorrow. Officer Dowell said he didn't have anything in writing to tell him that it was fixed correctly. He said the black top is in place. Officer Butler said that the number one concern was that it was cut illegally without a permit, and we need a ruling in case they or anyone else decides to do the same. Ms. Fickling made motion that James T. Martello or Chuck Thompson of the Winter Springs Development Corporation is in violation of Sec. 13: 1-6 of the Code of Winter Springs. Ms. Schneider seconded the motion. Vote on the motion: Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Dasher, aye; Mr. Ferring, aye; Ms. Schneider, aye. Motion carried. Relief Order: Mr. Dasher made motion that James T. Martello or Chuck Thompson, defendents in this case, have a period after notification of the offense, of 12 working days to come into compliance with the wishes of the City Engineer. After that, there will be a fine of $100 a day for any subsequent violation of this nature. Mr. Ferring seconded the motion for discussion. Discussion. The words "with the wishes of the City Engineer" were changed to "to the satisfaction of any officer of the City". Mr. Ferring seconded the motion. Vote on the motion: Ms. Fickling, aye; Mr. Gray, aye; Mr. Dasher, aye; Mr. Ferring, aye; Ms. Schneider, aye; Mr. Anderson, aye. Motion carried. It was decided that on the list of violations that have come up since the previous meeting, which are handed out to the members of the Board, the number of cases which have been opened and closed, and the type of violation is all the information that will be necessary for the Code Enforcement Board to have access to. The names and addresses of the violators will not be given. The Meeting was adjourned at 9:00 P.M. Respectfully Submitted, Caroline McGinley City Clerk's Office