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HomeMy WebLinkAbout1989 05 16 Code Enforcement Board Regular Minutes . CODE ENFORCEMENT BOARD MEETING CITY OF WINTER SPRINGS TUESDAY, MAY 16, 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, Absent Ms. Anne Schneider, Present Mr. Lloyd Anderson, Present Ms. Beverly Fickling, Present Mr. John Langelotti, Absent Officer Wesley Dowell, Present Lieutenant Robert Butler, Present Officer Melodie Berdoll, Absent Mr. Dasher pointed out that in the March minutes, the First National Bank was mentioned as a bank which has liens on the property of Sherley, Calvin and Fredricka Fripp. The bank is, instead, the First Federal of Seminole. Mr. Anderson made motion that the minutes of March 21, 1989, be approved. Ms. Schneider seconded the motion. All ayes. Motion approved. Closed and Pending Cases: . Two cases which are on the agenda for tonight, are closed. They are Walt Dittmer, Dittmer Architectural Aluminum, Sec. 5-5, and Jean Gray, Sees. 9-14, and 14-C1. The first case to be presented, is Pamela A. Tolbert, 339 San Miguel, in violation of Sees. 4-13 and 4-15, dogs constantly barking and disturbing the peace. The dog digs out from under the fence and chases children, nipping at them. Lieutenant Butler recommended finding her guilty, as it is an ongoing problem. Witnesses in the case were sworn in. The first witness was Audrey Griesemer, Celery Circle, Oviedo. Her mother moved into her condo at 343 San Miguel Court in the Indian Ridge Patio Homes on March 1, 1989. She stated that she wrote a letter to the Indian Ridge Condo Association and forwarded a copy to the police department concerning the dog. Ms. Griesemer's mother, Patricia Schmidt witnessed next. Her granddaughter who lives with her, was bothered by the dog when she was riding her bike to school. She also stated that the dog's barking was keeping her grandaughter and herself awake at night. Pamela Tolbert, the alleged violator, spoke next. She said that her dog did dig out of the yard. She said that the fence has been fixed, and that the dog hasn't been out since. She said that the dog does not bark at night because it sleeps in the house every night. She said that Patricia Schmidt's granddaughter makes noises at the dog and makes it bark. Ms. Tolbert had a letter from a next door neighbor which the Board read. . Jerald Tavenner, 345 San Miguel, witnessed. He said that children always let the dog out. That they were always "enticing" the dog. He said that he was going to fix the gate so that the children couldn't get it open. CODE ENFORCEMENT BOARD MEETING, MAY 16, 1989 Page 2 . Discussion. Ms. Fickling made motion that Pamela Tolbert be found guilty of Sec. 4-15 of the Winter Springs Code. No second to the motion. Mr. Dasher moved that judgment be set aside on the case, and that it be reopened in the event of future evidence at the next meeting. Ms. Schneider seconded the motion. Vote on the motion: Mr. Anderson, aye, Ms. Fickling, no, Mr. Gray, aye, Mr. Dasher, aye, Ms. Schneider, aye. Mr. Dasher stated that this does not mean that either party in this case has received a favorable decision. It only indicates that the evidence is considered to be equally balanced. The motion carried. The next case is James and Janice Lawrence of 91 Lombardy Road, in violation of Sec. 44-85, Sec. 7-1b, and Sec. 8-20. Officer Butler said that this is an ongoing problem. They have ignored the warnings which have been issued. He recommended that the Board find them in violation. James Lawrence testified. He said that he rebuilt his engine, and received a complaint. He said that Officer Dowell gave him a summons, and he put the engine back together, but the machine shop made a mistake and he had to take the engine out and rebuild it again. He said that it took about three weeks to do all of that. Then he painted it. He hopes to be moving within the next week or ten days. Discussion. Officer Dowell said that his property looked good this afternoon when he saw it. Mr. Gray said that it appears to him that Mr. Lawrence has been in violation of this ordiance. . Mr. Dasher made motion that James Lawrence be declared in violation of City Code Secs. 44-85 and 7.1b, working on cars in a residential section in his front yard. Mr. Anderson seconded the motion. Vote on the motion: Mr. Gray, aye, Mr. Dasher, aye, Ms. Schneider, aye, Mr. Anderson, aye, Ms. Fickling, aye. Motion carried. Relief Order: Ms. Schneider moved that Mr. Lawrence be fined $25 each time he is in violation of Sec. 44-85 or Sec. 7-1b, if found, this Relief Order is to take effect 30 days from tonight. Mr. Dasher asked to amend the motion to include the statement that Mr. Lawrence is present tonight. Discussion. Mr. Gray said that allowing him 30 days without retribution was not complying with the law. Ms. Schneider withdrew her motion. Mr. Anderson withdrew his second to the motion. Ms. Schneider made motion that Mr. Lawrence be fined $25 per day when found in violation of Sec. 4-85 or Sec. 7-1b, and that he be given 48 hours after notification to correct the violation before fines commence. Mr. Gray seconded the motion. Discussion. It was added that Mr. Lawrence is present tonight. Vote on the Relief Order: Ms. Fickling, aye; Mr. Gray, aye; Mr. Dasher, aye, Ms. Schneider, aye, Mr. Anderson, aye. Motion carried. . The next case is Joseph and Theresa Nicosia, 1111 South Edgemon Avenue, in violation of Secs. 7-1b, 5-128, and 44-85. Lieutenant Butler said that this is a continuing problem with numerous written warnings. Various materials are strewn about the property, disabled and unregistered vehicles are parked in the yard, a fence around the pool is falling down. They continue to ignore the warning. Officer Butler recommended that the Board find them in violation of the City Code. He presented copies of pictures of the violations. , l CODE ENFORCEMENT BOARD MEETING, MAY 16, 1989 Page 3 . Gary Webber, 35 Jackson Circle, witnessed. He said that this has been an ongoing problem for about four and one half years. He stated that there are 10 to 15 cars parked there every morning. Trash is dumped in the yard, and the cars are in a constant state of disrepair. Construction debris is lying allover the side and front yards. Ms. Schneider made motion guilty of violation of Sec. Springs Code. Ms. Fickling Dasher, aye, Ms. Schneider, Gray, aye. Motion carried. that Joseph C. and Theresa Nicosia be found 7-1b, Sec. 5-128, and Sec. 44-85 of the Winter seconded the motion. Vote on the motion: Mr. aye, Mr. Anderson, aye, Ms. Fickling, aye, Mr. Relief Order: Ms. Schneider moved that Joseph C. and Theresa Nicosia be fined $100 per violation per day for a violation of any of either Sec. 7-1b, or Sec. 5-128 or Sec. 44-85. Discussion. The motion was amended to state that for any or all violations of Sec. 7-1b, Sec. 5-128 or Sec. 44-85. Mr. Anderson seconded the motion. Discussion. The Relief Order was amended to leave out per violation, and was changed to read that Joseph C. and Theresa Nicosia be fined $100 per day for any or all of the violations of Sec. 7-1b, Sec. 5-128, or Sec. 44-85. This Relief Order to take effect 7 days after notification. Mr Dasher seconded the amended motion. Vote on the Relief Order: Mr. Anderson, aye, Ms. Fickling, aye, Mr. Gray, aye, Mr. Dasher, aye, Ms. Schnieder, aye. Motion carried. . Mr. Gray announced that for the Seminar on June 9th, all of the membelS of the Board are signed up to take the course except Beverly Fickling who has already taken it. He urged all of the members to attend. Meeting adjourned at 9:00 P.M.. Respectfully Submitted, Caroline McGinley City Clerk's Office .