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HomeMy WebLinkAbout1989 12 12 Code Enforcement Board Special Minutes r CODE ENFORCEMENT BOARD SPECIAL MEETING CITY OF WINTER SPRINGS TUESDAY, DECEMBER 12, 1989 The Special Meeting of the Code Enforcement Board was called to order by Chairman Bob Gray at 7:00 P.M.. ROLL CALL: Bob Gray, Present James Dasher, Present John Ferring, Present Anne Schneider, Present Lloyd Anderson, Absent Beverly Fickling, Present Lurene Lyzen, Present Officer Wesley Dowell, Present Lieutenant Robert Butler, Present Attorney Clay Parker was present representing the City Attorney. r Chairman Bob Gray reviewed the case of Robert and Valerie Sommerville, 210 Hoffman Court, Casselberry, FL, Secs. 13-26, Noise, and 20-431, storing commerical equipment in a residentially zoned area, at lot 25, Dunmar Circle, Winter Springs. The case was first reviewed on September 9, 1989. Additional evidence was needed. Due to a request by the City Attorney, aospecial m~eting ts'beingheld tonight. Lieutenant Butler produced pictures of the property, some of which were taken this morning. He said the heavy equipment has been removed from the property except for one low-boy trailer. There are fuel tanks, lumber and concrete blocks, a shed and a motor on the property. Discussion. Mr. Robert Sommerville was sworn in. He said he has a small tractor and a small dump truck on the property at Dunmar Circle. He said he does jobs for the neighbor's properties. He said there were no vehicles going in and out in late hours of the night as had been said. Mr. Gray read the Section of the Code, 20-431. Mr. Sommerville said that when he bought the property, it was zoned Agricultural. There was a question as to the zoning of the property. Attorney Parker said he believes it is zoned R-U (Rural Urban). Mr. Gray read the definition of R-U zoning. Farms are included as acceptable in that zoning. Attorney Parker suggested reviewing the Ordinance again in view of the R-U zoning. Discussion. Lieutenant Butler said he was unclear at to whether the R-U zoning applies in this case. Attorney Parker said this is primarily residential zoning. (' Mr. Ferring made a motion to find Robert and Valerie Sommerville in violation of Section 20-431 of the Winter Springs City Code and further clairifed by the representative of the City Attorney. Mr. Dasher seconded the motion for discussion. Discussion. Mr. Dasher said he felt that the intent of the charge against Mr. Sommerville was basically the other Ordinance (Sec. 13-26) which he has already been delared guilty of. Discussion. Mr. Ferring withdrew his motion and Mr. Dasher withdrew his second. Discussion. Mr. Ferring made a motion to dismiss the charge of violation of Section 20-431. Mrs. Schneider seconded the motion. Vote on the motion: Mr. Dasher, aye; Mr. Ferring, aye; Mrs. Schnieder, aye; Ms. Fickling, aye; Ms. Lyzen, aye; Mr. Gray, aye. Motion carried. Code Enforcement Board Special Meeting, December 12, 1989 Page 2 ,"-'" Relief Order for Section 31-26: Mr. Gray stated that the reason for the Relief Order is to prevent future occurrances of noise. He read the motion made at the last Meeting. Mr. Dasher made a motion that in the future, after tonight, Mr. Robert Sommerville, being present, any violation of the noise statute as it is worded in the City Code in the opinion of an officer of the City, shall have a fine of $100 for each occurrance. Mrs. Lyzen seconded the motion. Attorney Clay said that rather than make a Relief Order at this time, as there has already been a Finding that he is in violation, if there are future violations found within the next five years, he will be found to be a repeat offender. When you have a repeat violation, you can stop it immediately, and don't have to give any reasonable period of time. He said that with a repeat violation, you have to find a second violation. He would have to come before the Board again. Then you can call a special Meeting and cite him in violation the second time within five years and then you can order him to be fined up to $500 a day for any day that it continues in the future. He said there has been no testimony that this has been an ongoing problem, and no testimony that Mr. Sommerville has been a nuisance to his neighbors on a continuing basis. Mr. Ferring withdrew his motion on Section 13-26, and said he wished to throw the case out. Discussion. Attorney Parker said there is no basis now for a Relief Order because there is no evidence of continued Noise Nuisance. - Mr. Gray made a motion to put the Relief Order on repeat offender status, and if a future violation is identified by the City Code Office with a complaint, we will continue the case at that time. Mrs. Lyzen seconded the motion. Vote on the motion: Mr. Ferring, no; Ms. Schneider, no; Ms. Fickling, no; Ms. Lyzen, aye; Mr. Gray, aye; Mr. Dasher, Mr. Gray withdrew his motion and made a motion that we dismiss the entire case. Mr. Ferring seconded the motion. Vote on the motion: Mrs. Schneider, aye; Ms. Fickling, aye; Ms. Lyzen, aye; Mr. Gray, aye; Mr. Dasher, no; Mr. Ferring, aye. Motion carried. Mr. Gray made a motion to adjourn. Mr. Ferring seconded the motion. All ayes. the Meeting adjourned at 8:50 P.M.. Respectfully Submitted, Caroline McGinley r-