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HomeMy WebLinkAbout1989 09 19 Code Enforcement Board Regular Minutes /"""" CODE ENFORCEMENT BOARD MEETING CITY OF WINTER SPRINGS TUESDAY, SEPTEMBER 19, 1989 The Code Enforcement Board was called to order by Bob Gray, Chairman, at 7:00 P.M.. ROLL CALL: Bob Gray, Present James Dasher, Present John Ferring, Present Anne Schneider, Absent Lloyd Anderson, Present Beverly Fickling, Present John Langelotti, Present Officer Wesley Dowell, Present Lieutenant Robert Butler, Present Officer Melodie Berdoll, Absent Bob Gray asked that the minutes of the July 18, 1989 Meeting be amended on page 3, the last paragraph by putting word "residence" in quotations. John Ferring made a motion to accept the minutes of the July 18th Meeting as amended. Beverly Fickling seconded the motion. Vote on the motion: Mr. Dasher, aye; Mr. Ferring, aye; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Langelotti, aye. Motion carried. The Board discussed the summary of the City Code violations from July through August, 1989. r Discussion of Closed and Pending Cases: Administrator of Veterans Affairs, P.O. Box 1437, St. Petersburg, FL 33731, in violation of Sec. 13-3, Unkempt Property at 222 Panama Road. Officer Butler explained that the property was purchased by the Administrator of Veterans Affairs on May 2, 1989. The Police sent them a letter on July 11, 1989, advising them of the existing condition. No action was taken. The Public Works Dept. cleaned up the property on August 3, 1989, and a lien was placed on the property in the amount of $226.50. Officer Butler recommended that the Board find them in violation, as this is an ongoing problem, and a fine be imposed for future violations. Mr. Langelotti made a motion to find the Administration of Veterans Affairs in violation of Sec. 13-3. Ms. Fickling seconded the motion. Vote on the motion: Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Langelotti, aye; Mr. Dasher, aye. Motion carried. Relief Order: Mr. Ferring made a motion that the Administrator of Veterans Affairs, having been found in violation of Sec. 13-3, upon notice for the duration of one week, a fine of $50 will be imple- mented for each day after, for all future violations of this Section as observed by the Code Enforcement Bureau of this City. Ms. Fickling seconded the motion. Vote on the motion: Ms. Fickling, aye; Mr. Gray, aye; Mr. Langelotti, aye; Mr. Dasher, aye; Mr. Ferring, aye; Mr. Anderson, aye. Motion carried. /"""" Robert and Valerie Sommerville, 210 Hoffman Court, Casselberry, FL 32708, in violation of Sec. 13-26, Noise Nuisance, and Sec. 20-431, Equipment being kept in violation of Zoning at Lot 25, Duncan Circle, Dunmar Estates. Officer Butler said this is an ongoing problem. They have been putting heavy equipment such as tractors, trucks, etc. on this property for some time. They start up the equipment during the day and night hours, creating a noise nuisance. He recommended that they be found guilty of violation of these Codes, and fined for every day this continues. CODE ENFORCEMENT BOARD MEETING, SEPTEMBER 19, 1989 Page 2 I"'" Witnesses were sworn in. Art Nachbar, 578 Dunmar Circle, said that heavy equipment is constantly moving in and out during the day, and at different times during the night. It has been going on for at least a year and a half. He said that the noise is affecting his wife's health and their sleeping. Mr. Langelotti made a motion that Mr. Sommerville be found in violation of Sec. 13-26, noise nuisance. Mr. Ferring seconded the motion. Vote on the motion: Mr. Gray, aye; Mr. Langelotti, aye; Mr. Dasher, aye; Mr. Ferring, aye; Mr. Anderson, aye; Ms. Fickling, aye. Motion carried. Relief Order: Mr. Ferring made a motion that a fine of $250 per day after a 7 day period, to become effective on the 8th day after notification. Mr. Langelotti seconded the motion. Mr. Ferring withdrew his motion in order to put the Relief Order of both violations in one. Discussion. The Police had not verified that the equipment was there. Mr. Dasher said that as the City Staff had not personally investi- gated the complaint on this property, he would move that the Board withhold judgment on that violation until it can be further investigated. Mr. Ferring seconded the motion. He said he would also like the record to note that Mr. Sommerville's attorney "stormed out" of this "tribunal", refusing to be sworn in, and not hearing their side of the case. Vote on the motion: Mr. Langelotti, aye; Mr. Dasher, aye; Mr. Ferring, aye; Mr. Anderson, aye; Ms. Fickling, aye, Mr. Gray, aye. Motion carried. Mr. Dasher made a motion that the Relief Order be held until additional testimony at the next meeting. Mr. Ferring seconded the motion. Discussion. Mr. Langelotti suggested that the Police take pictures of the equipment. Vote on the motion: Mr. Dasher, aye; Mr. Ferring, aye; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, no; Mr. Langelotti, aye. Motion carried. Mr. Ferring said he would like for the property to be kept under observation at regular intervals over the next two months. Officer Butler agreed to do this. I"'" Terry Allen, 1981 River Forest Drive, Marietta, GA, in violation of Sec. 19-1, in violation of Sec. 19-1, no dumpster provided at Lot#2, Fairfax Apts., Building 20, Fairfax Av. Officer Butler said that Mr. Allen was issued a warning on the 27th of July, 1989, and has not complied. He requested that the Board find him guilty of violation of City Code 19-1, and that he be fined for every day that the violation continues. Officer Dowell said that after he contacted them, (the owners of the apt. buildings), all of the five people he contacted responded and put out trash containers except two. Those two said that they had made arrangements with the other property owners to use their containers. He said that he wanted to know if that does correct the violation. Discussion. Mr. Dasher noted that the Code states that each each building must have its own facility for trash pickup. Discussion. It was decided to take the next case which is identical to this one, and then go back to this one, as there is a witness for the next case. .~ Jorge Acosta, 117 Eastern Fork, Longwood, in violation of Sec. 19-1, no dumpster provided at Lot 3, Fairfax Apts., Building 30, Fairfax Av.. Mr. Acosta was sworn in. He said there are enough dumpsters to take care of all of the buildings. Discussion. Mr. Dasher made a motion that Mr. Acosta is in violation of Sec. 19-1, not having an individual dumpster for the group dwelling that he owns. Mr. Ferring seconded the motion for discussion. Mr. Ferring suggested that we need an attorney to clarify the Code as to the true meaning. Mr. Dasher made a motion to set judgement aside on this case until additional evidence is available that will indicate that the present dumpsters are not adequate. Mr. Gray seconded the motion. Vote on the motion: Mr. Langelotti, aye; Mr. Dasher, aye; Mr. Ferring, aye; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye. Motion carried. CODE ENFORCEMENT BOARD MEETING, SEPTEMBER 19, 1989 Page 3 ~ Continuation of Terry Allen case, violation of Sec. 9-1: Mr. Gray made a motion to delay this case until there is more evidence. Mr. Ferring seconded the motion. Vote on the motion: Mr. Dasher, aye; Mr. Ferring, aye; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Langelotti, aye. Motion carried. .r"" Walter or Sandra Rawlings, 1002 Gator Lane, in violation of Sees. 4-2, More Than Two Dogs, 20-415, Kennel violation of Zoning, 13-34, Animal Noise Nuisance. Officer Butler said that this is a repeated problem, dating back to March, 1988. Warnings were issued continuously. The problem is corrected for a time, then repeated. He recommended that the Board find Walter or Sandra Rawlings guilty of these violations, and a solution be found to eliminate the problem. Discussion. Witnesses were sworn in. Paul Dilabbio, 1000 Gator Lane, who lives next door to Mrs. Rawlings, said that she has a lot of barking dogs that "travel" allover his yard. He said she has kennels in her garage. Sandra Rawlings said she takes in stray animals, and is an Associate with Pet Pal Rescue. She said she has secured kennel space, and has one dog and one cat at this time. Mr. Dasher made a motion that Sandra Rawlings, by admission in the past, has been in violation of Sees. 4-2, 20-415, and 13-34, Ordinances which involve an excess number of animals and noise on her property in a residential section. He moved that the Board find Sandra Rawlings in violation of Sees. 4-2, 20-415, and 13-34. Mr. Langelotti seconded the motion. Vote on the motion: Mr. Ferring, aye; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Langelotti, aye; Mr. Dasher, aye. Motion carried. Relief Order: Ms. Fickling made a motion that Sandra Rawlings be fined $50 a day for any future violations of Sees. 4-2, 20-415, and 13-34 immediately upon notification. Mr. Dasher seconded the motion. Vote on the motion: Mr. Dasher, aye; Mr. Ferring, aye; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Langelotti, aye. Motion carried. Ms. Fickling made motion to adjourn. Mr. Gray seconded the motion. All ayes. Meeting adjourned at 9:45 P.M.. Respectfully Submitted, Caroline McGinley City Clerk's Office r""