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HomeMy WebLinkAbout1989 03 21 Code Enforcement Board Regular Minutes . CODE ENFORCEMENT BOARD MEETING CITY OF WINTER SPRINGS TUESDAY, MARCH 21, 1989 The Code Enforcement Board Meeting was called to order by Mr. Bob Gray, Chairman, at 7:00 P.M.. ROLL CALL: Mr. Bob Gray, Present Mr. James Dasher, Present Mr. John Ferring, Present Ms. Anne Schneider, Present Mr. Lloyd Anderson, Present Ms. Beverly Fickling, Present Mr. John Langelotti, Present Officer Wesley Dowell, Present Lieutenant Robert Butler, Present Officer Melodie Berdoll, Present Chairman Bob Gray mentioned a letter which he had received from the Mayor stating that the Chambers are limited to 150 people. . Mr. Gray announced another U.C.F. Institute of Government Seminar for Code Enforce- ment, which will be held on June 9th. He asked Ms. Fickling to explain some of the topics discussed, and how worthwhile she felt it to be. She said that the day was very informative. The lady who gave the program was the Assistant County Attorney of Brevard County. They started with the history intent of the Code Enforcement Board and went through inspection notice preparation, etc. She said it's basically what we are doing. She said there was an opportunity to ask questions. As lunch was served, there was an opportunity to talk with other people. She said that some people who had signed up, did not attend, so that possibly if someone comes at the time of the seminar without having signed up, and pays for it, they will probably "squeeze" you in. Lieutenant Butler said that he would not be presenting the David Hurd case (the Orange Shopper) which is no. 6 on the agenda for this meeting. He said he has to do more research on it. Mr. Gray thanked the Code Board Officers for the package they put together concern- ing the resolved cases over the past two months, giving the types of cases they were. He said they did a good job. Mr. Gray asked for a motion to approve the minutes of the January 17, 1989 meeting. Mr. Langelotti moved that the minutes be approved. Mr. Anderson seconded the motion. All ayes. Minutes approved. . The first case on the agenda was the case of the Winter Springs Development Cor- poration, 130~ Winter Springs Blvd, in violation of City Codes 5-118, erecting signs without a permit, and 5-122, erecting a fence without obtaining a permit. Also, Building Department stickers showing the date of expiration are not attached. Officer Butler stated that some of the signs have been erected in the City right-of-way, and some are at intersections obstructing the view, there- by creating a traffic hazard. Written warnings were issued in January, 1989 asserting that they were to come into compliance immediately. They are still in violation. In the violation of Sec. 5-122, a fence was erected without first obtaining a City Permit. Written warning was issued in January, 1989. Officer Butler recommended that they be found in violation of these codes, and also that there should be a ruling concerning any subsequent violations of these codes. 1 CODE ENFORCEMENT BOARD MEETING, MARCH 21, 1989 Page 2 . Discussion. He produced pictures of the signs which are not in compliance. Officer Dowell declared that there are now three signs which are not in compliance. Discussion. Mr. Jim Martello was a witness for the Winter Springs Development Corporation. He said that with the exception of one sign, everything else is accounted for. The Tuscawilla sales sign is not accounted for because it will take a crane to move it, and they haven't had the time to do it. They have no record of having applied for a permit for that sign. With regard to the fence, he said that they "took it upon themselves" to upgrade the area to try to preserve the easement. He connnented that he is still "not clear" as to why they needed a permit to install a fence on a private road. He read a letter from Mr. Chuck Thompson of the Winter Springs Development Corporation addressed to the Code Enforcement Board. In the letter he stated that all signs will be replaced by the approved Tuscawilla sign program submitted earlier this year, with exact locations outside of the right-of- way to the City. Mr. Martello affirmed that they have received a permit from the City for the fence. He said that Mr. Archer questioned whether the fence on the 7-11 side of the street was off the right-of-way. He connnented that they are waiting for a definition of how the City classifies Winter Springs Blvd. Mr. Gray asked the officers if they were aware that the permit for the fence had been issued. They said no. He asked if they normally are advised if a permit has been issued by the day they have to come before the Board. They said they usually are. . Mr. Dasher moved that the Winter Springs Development Corporation is in violation of having a sign in place without a building permit. 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, aye, Mr. Ferring, aye. Motion carried. Relief Order: Mr. Langelotti made motion to give Winter Springs Development Corpor- ation 30 days to come into compliance or fine them $50 every day after that. Mr. Dasher amended the motion as follows: The Winter Springs Development Corporation be allowed 30 days to come into compliance by having a building permit for the offending sign, or there will be a fine of $50 a day for each day of violation or any future cases involving erection of structures without a building permit. Mr. Ferring seconded the motion for discussion. Discussion. The final wording of the Relief Order was: The Winter Springs Development Corporation will be allowed 30 days from the date of this meeting to come into compliance with Sec. 5-118 or there will be a fine of $50 a day for this violation or any future violations. Vote on the motion: Mr. Ferring, aye; Ms. Schneider, aye; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Langelotti, aye; Mr. Dasher, aye. Ms. Schneider reconnnended that Sec. 5-122, erecting a fence without a permit, be continued until the next meeting in order to give the officers a chance to talk with Mr. Archer and confirm that there has been a permit issued. Mr. Gray agreed. Ms. Ginger Burden, 1382 White Oak Drive, an Springs Development Corporation witnessed. permit for the fence yesterday. administrative assistant at Winter She said that Mr. Archer issued the . The second case on the agenda was the case of Sherley, Calvin and Fredricka Fripp, 875 Morrison Av., Bronx, New York, concerning the property on 1162 Winged Foot Circle, East. Officer Butler stated that this is a violation of City Code 5-128, insecure pool, and 5-149, pool nuisance. The house is vacant at present, and is in foreclosure. Officer Butler believes the owner is in prison awaiting federal sentencing. The federal government as well as the First National Bank of Seminole CODE ENFORCEMENT BOARD MEETING, MARCH 21, 1989 Page 3 . have liens on the property. A written warning was posted on February 20, 1989, to be corrected immediately in regard to damage to the pool, and its not being locked. The pool is stagnant, creating a health hazard. Attempts were made to contact the owner's wife, to no avail. The First Federal of Seminole was contacted, and advised that the house is in foreclosure. The officers then sent a certified letter to the mortgage holder advising of the violation. This also met with negative results. Officer Butler recommended that the Board find them in violation and that they be advised to comply immediately. Discussion. Ms. Schneider made motion that the property located at 1162 Winged Foot Circle, East, Winter Springs, is in violation of City Code Sees. 5-128 and 5-149. Ms. Fickling seconded the motion. Vote on the motion: Ms. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Langelotti, aye; Mr. Dasher, aye; Mr. Ferring, aye; Ms. Schneider, aye. Motion carried. Relief Order: Ms. Fickling moved that Calvin, Fredricka and Sherley Fripp be fined $100 a day, 14 days after notification, until they come into compliance with Sees. 5-128 and 5-149. Mr. Langelotti seconded the motion. Officer Butler recommended that a copy of the Relief Order be sene to the mortgage holder, the First Federal of Seminole. Vote on the motion: Ms. Schneider, aye; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Langelotti, aye; Mr. Dasher, aye; Mr. Ferring, aye. Motion carried . The third case to be presented was the case of Julie A. and Jamie Beth Cody, 1485 Conners Lane, in violation of City Code Sec. 9-14, noise nuisance. Officer Butler stated that this is an ongoing problem - loud noises, music "continuously" in the early hours of the morning, disturbing the peace and comfort of the neighbors. Written warning was issued January 29, 1989, to be corrected immediately. This warning appears to have gone unheeded. Officer Butler said that he has letters submitted by the residents verifying this. Four witnesses were subpoened for the case. He recommended that they be found in violation of City Code 9-14, and that the Board rule on this and any subsequent violations. The first witness was Harry Livengood, 1479 Conners Lane. He said that there have been numerous "drunken" parties particularly on weekends. He has called the police on several occasions. He has written letters to the Homeowners Association citing what was going on. He said they were also "getting in on the act" because of the parking problem. The next witness was Teresa Ayers, 204 Birch Terrace, Winter Springs. She said that she represents the builder, and sells units there. She complained that "they" park in the driveway across the street at houses that are for sale. The next witness was Gail Krot, 1486 Conners Lane. She said thatmornially there are four . t6s'ix cars .theredaily, and"thatthe 'cars l"SCOot"in and out .,'andthe speed limit is 25 miles per hour. The next witness was Julie Cody, one of the violators. She said that there were three letters of complaint from Mr. Livengood, and one from three other people. She said that the police would come and ask what the problem was and then leave. Mr. Gray asked how many times the police had been there over the past three years. She answered four, once in the past six months, and the other times, before that. . John Anderson, 1491 Conners Lane, witnessed. He said that he wanted to take into consideration that this is a 0 lot line development, and that he has been awakened more than once by the noise. CODE ENFORCEMENT BOARD MEETING, MARCH 21, 1989 Page 4 . Jamie Beth Cody, the other violator, testified. She said there had been actual written warnings four times. She said she realizes they have been loud, and that the complaints of the neighbors have been warranted as far as the noise goes. The next witness was Billie Jo Roy, 1479 Conners Lane. She said that she had knocked on the girls' door at 4:00 A.M., and has called the police on numerous occasions. She complained about the girls' dog barking when they are not there. The next witness was Warren Grewall, 1485 Tiffany Woods Circle, a friend of the violators. He said that they have quieted down when the police have come out. He said the dog only barks when they are not there. Mrs. Finch, the mother of the violators witnessed. She said the girls are normally out on weekends. She said that garbage has been thrown allover their (the girls') yard, and the neighbors "snickering" about it when the girls would leave to go to work. Mr. Langelotti asked the girls how many times they felt they had been cited in the last three years. They said six to ten times. Ms. Fickling made motion that Julie A. and Jamie Beth Cody be found guilty of violation of Sec. 9-14 (a) of the Winter Springs Code. Mr. Dasher seconded the motion. It was discussed and decided to add 9-14 (c-1) to the violation. Vote on the motion: Ms. Schneider, aye; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Langelotti, aye; Mr. Dasher, aye; Mr. Ferring, aye. Motion carried. . Relief Order: Mr. Dasher moved that in the case of Julie A. and Jamie Beth Cody, based on the testimony of witnesses, any violation in the future, of Sec. 9-14 of the Winter Springs ordinances, as determined by an officer of the City, shall result in a fine of $100 per incident as of this date. Mr. Langelotti seconded the motion. Vote on the motion: Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Langelotti, aye; Mr. Dasher, aye; Mr. Ferring, aye; Ms. Schneider, aye. Motion carried. Meeting adjourned at 9:00 P.M.. Respectfully Submitted, Caroline McGinley City Clerk's Office .