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HomeMy WebLinkAbout1990 11 20 Code Enforcement Board Regular Minutes . . . -. CODE ENFORCEMENT BOARD MINUI'ES CITY OF WINTER SPRINGS NOVEMBER 20, 1990 The Code Enforcement Board was called to order by Chairman Bob Gray at 7:00 P.M. ROLL CALL: Bob Gray, Chairman, Present James Dasher, Vice~irman, Absent Jclm Ferrin;;r, Present Anne Schneider, Absent Lloyd Anderson, Present Beverly Ficklin;;r, Present Lurene Lyzen, Present CITY OFFICIALS: City Attorney Frank Kruppenbacher Code Inspector Mary Muse Code Officer Lt. Ed Taylor Approval of Minutes of September 18, 1990: Ferrin;;r stated that in the secorrl paragraph of the minutes of September 18, 1990, regarding the Canunission seat that he ran for, he may have used the wrong wording, he stated that for the record he is not required to resign from the Code Enforcement Board as he serves on this Board without salary. Lyzen moved to approve the minutes of September 18, 1990. Ficklin;;r. Vote: All aye. r-btion carried. Seconded by Discussion of Closed and Pending Cases: Gray asked about the closed and pending cases. There was no discussion on the closed and pendin;;r cases. Gray asked about a summary of violations that have occurred wi thin the past two months. Muse gave the Board a packet with the information. Gray stated that there have been 73 ccmplaints with 43 corrected. Muse stated that most of the complaints are disabled/abandoned vehicles and businesses wi thout City business licenses. There are also quite a few noise complaints regardin;;r animals. Gray asked if there are any changes to the agerm in terms of cases being resolved. Lt. Taylor stated that item 11, Kar Krafters, has been taken care of. Item #5 - Lyndle White, Section 13-26: Lt. Taylor stated that the property is located at 45 South Edgemon Avenue. He stated that on July 19, 1988, White was brought before the Code Board for the same violation, and was to be fined $50.00 for each occasion. In 1989 White moved to Texas and there were no noise complaints during this period of time. On April 25, 1990, the police received a statement from Michael Chism, in reference to noise at 45 South Edgemon Avenue, after 11:00 p.m. .- Code Enforcement Board Minutes November 20, 1990 Page 2 . Lt. Taylor stated that on May 10, 1990, White received a written warning regarding the noise complaints. On August 18, 1990, a written warning was issued to a friend, at 45 South Edgemon Avenue, regarding loud music. On August 28, 1990, a notice of hearing was mailed to Lynne White in reference to noise disturbances. On August 31, 1990, White received the hearing notice. Michael Chism, 51 South Edgemon Avenue, witnessed. Chism stated that two years ago this matter was brought before the Board am decided in his favor. He stated that after receiving notice he am White came to an agreement that after 11:00 p.m. there will be no noise. The agreement was kept but after White moved back fran Texas the noise was louder than before. He stated that he spoke with White about the noise am she stated that do what you have to. Chism stated that there are a large number of people in the driveway, am there have been fights where the police have been called. He stated that he has gone out am spoke with the boys am the noise quieted dCMrl for a short time but got loud again. Fickling asked if there was a problem with enforcing the violation from the . previous violation. Muse stated that this was brought back because White moved am then came back. Lynile Whi te was sworn in for testirrony. White stated that she has asked the neighbors to cane to her if there are any canplaints. She stated that when she hears the boys making noise, she goes out am makes the noise stop. She stated that it seems that her family can't talk on the patio, driveway or anything; everything they do seems to bother Chism. She also stated that she does not have any problems with any or the other neighbors . Gray asked how old are the boys. White stated 18 years old and 20 years old. Gray stated that the boys are the ones who are violating the Code, am White is the one responsible as it is her property. Chism stated that all he is asking for is to have it quiet after 11: 00 p.m. Gray asked why wasn't Section 13-33 cited also. Muse stated that it should have been included but she had overlooked that Section. Gray asked if the violation could be expanded to include Section 13-33. Kruppenbacher stated that the violation could not be expanded. . . . . Code Enforcement Board Minutes November 20, 1990 Page 3 Ferring moved to find Lynile White in violation of Section 13-26. Seconded by Lyzen. Discussion. White asked what the violation of Section 13-26 meant. Gray read Section 13-26 of the Code for White. Vote: All aye. r-t:>tion carried. Relief Order: Fickling moved that Lynne White be fined $50.00 for each occasion in the future for violation of Section 13-26 of the Code of the City of Winter Springs. Second by Ferring. Discussion. Ferring stated to White that the Board is taking leniency in this particular case and ask her to request to her sans how serious of a matter this is, and if this canes before the Board again the Board may not be as lenient as it is new. Vote: All aye. M::>tion carried. Item #6 - Sheila << Brian Doerhman, Section 13-26: Lt. Taylor stated that this property is located in the Tuscawilla area, 1302 SWan Court. He stated that on May 14, 1988, the Police Department received a call in reference to juveniles possibly in possession of a B-B gun; the officer informed the juveniles that the neighbors ~re tired of the noise and a future infraction could result in a written warning. August 18, 1990, the Police Department received a call in reference to a noise disturbance. On September 22, 1990, the Police Department received a call in reference to a loud party and possibly a fight. September 27, 1990, the Police Department received a letter fram the wedgewood Golf Villas Homeowners Association in reference to disturbances around 1302 SWan Court. On October 5, 1990, the Police Department received a call about a loud party at 1302 Swan Court. On October 26, 1990, the Police Department received a call about juveniles hanging around the area of 1302 SWann Court. October 2, 1990, a notice of hearing was sent out, and was received by Sheila Doerhman on October 5, 1990. On October 11, 1990, Sheila Doerhman called the Code Inspector and infonned Muse that she was aware of the problem and would try and keep the noise down. Lt. Taylor stated that there are several witnesses present. There ~re about 12 witnesses present and ~re all sworn in together. James Ryan, 934 Wedgewood Drive, President of the Wedgewood Golf Villas Haneowners Association, and stated that this situation has been going on for a long time. He stated that he wrote the letter to the Police Chief asking for relief fram this situation. He stated that since the letter was sent the situation is better. Kruppenl::acher stated that the Board does not have to hear everything to make a finding on this violation. Gray stated that if anyone present has something different to add they may do so. Hugh Johnston, 902 Wedgewood Drive, stated that he lives directly across the street fran the Doerhmans, and his patio faces their heme. He stated that for allOOSt two years this has been going on with loud parties until 3-4 a.m. Code Enforcement Board Minutes November 2, 1990 . Page 4 Gray asked if this only occurs on the weekems. Johnston stated that the parties occur during the week days am weekends. Arthur CUllipher, 923 Wedgewood Drive, mentioned the loud music at 2:00 a.m. Jim Hartman, 1010 Wetherwood Drive, stated that at times he could not drive down the road to his bane because of all the cars parked around for parties at 1302 Swan Court. He also stated that he am other neighbors are afraid that their property and homes ~d be varrlalized. He did state that they have been threatened with their homes being burned. Ferring asked the City Attorney if there is any way that other options available to make the individual accountable. Kruppenbacher stated that unless the Board has an objection, the Board's order be followed by a letter from him advising that every legal step will be taken if this problem is not solved. He also stated that he will look at the Homeowners Documents to see if the City has the right to enforce them. He stated that he will speak to the Police Chief about this matter. Ferring moved to find Sheila and Brian Doerhman in violation of Section 13-26 of the Code of Winter Springs. Seconded by Fickling. . Relief Order: Ferring I'OCIVed that Sheila and Brian Doerhman having been found in violation of Section 13-26 of the Code of Winter Springs, after notification, be fined $250.00 for each subsequent time this condition occurs. Further have the City Attorney draw up the necessary papers that are needed to bring this s1 tuation under control. Second by Lyzen. Discussion on the motion. Kruppenbacher stated that this is a formal request and he will bring this up in front of the Conunission on November 26, 1990. The Board was in agreement to this request. Vote: All aye. Motion carried. Item #7 - Ali & Diane Setordepour, Section 20-413: Lt. Taylor stated that the property is located at 211 Murphy Road. He stated that on January 16, 1984 the Code Board gave the property owner 60 days to find another location to keep her chickens. On September 29, 1990 a ];X)lice officer found the chickens at the property and the owner was given a warning at that time. On October 3, 1990 after reinspection, a police officer found the chickens on the property. On October 11, 1990 a notice of hearing was sent, and on October 13, 1990 the copy of the hearing notice was received by theuSetordepur IS. On November 8, 1990 the Code Inspector spoke with Diane Setordepour ani at that time there was only one rooster on the property. Setordepour told the Code Inspector that on November 22, 1990 the rooster would be removed. Lt. Taylor stated that as of this date the rooster is still there. Ferring I'OCIVed to find Ali and Diane Setordepour in violation of Section 20-413 . of the Code of Winter Springs. Seconded by Anderson. Vote: Fickling: aye, Lyzen: aye, Gray: nay; Ferring: aye; Anderson: aye. Motion carried. . Code Enforcement Board Minutes November 20, 1990 Page 5 Relief Order: Ferring moved that Ali arrl Diane Setordepour having been found in violation of Section 20-413 of the Code of Winter Springs, after notification, be fined $10.00 per day effective date after December I, 1990 if the violation is not corrected. Seconded by Fickling. Vote: All aye. Ivbtion carried. Item #8 - Edward<< Kristin Eberhardt, Section 20-431(a): Lt. Taylor stated that the property is located at 627 Pearl Road. He stated that the violation is for parking canmercial vehicles in a residential area. On October I, 1990 an officer issued a written warning to Mr. Eberhardt for parking a canmercial vehicle in a residential area. On October 15, 1990, upon reinspect ion the commercial vehicle was still on the property and was turned over to the Code Inspector. On October 22, 1990 a notice of hearing was sent and was received by the Eberhardt's on October 23, 1990. On November I, 1990 Mr. Eberhardt spoke wi th the Code Inspector and indicated at that time he would like to appear before the Board to allow his commercial vehicle to remain on his property as it is used for his business. He stated that his vehicle has been parked there since 1982. Lt. Taylor stated that he has a picture of the vehicle for the Board. Also, Mr. Eberhardt is present, and there are no witnesses for this case. . Gray stated that the petition for parking the vehicle needs to go before the Canmission as this Board is not allowed to give permission to overrule the Code. Eberhardt stated that he has parked the vehicle on his property since 1982. He stated that the vehicle is gone during the day as he uses it for his work. He mentioned that he moved the fence on his property back so the vehicle would not bother any of the neighbors. He stated that you can not see the vehicle from the road unless you come up upon it. He stated that he thought that there was no problem with parking the vehicle on his property. He also stated that the vehicle is a 2 1/2 ton flat-bed truck. Gray asked Eberhardt if he had been given ample time to come into canpliance with the Code. Eberhardt stated that yes he had. Gray also asked Eberhardt if he was willing to come to the City and apply for a variance to park the truck on his property. Eberhardt stated that he was willing to do this. Eberhardt asked if he would have to move the truck even if he applies for a variance. Gray urged Eberhardt to come into canpliance with the Code. Kruppenbacher stated that the Board could table this matter on the condition that wi thin ten days of this hearing Eberhardt make application for a variance subject that he cOOlplies to the Code. . Eberhardt stated that he will move the truck wi thin two days of this hearing and will come to the City and apply for a variance. Code Enforcement Board Minutes November 20, 1990 Page 6 . Ferring moved to find Edward 6{ Kristin Eberhardt in violation of Section 20- 431(a) of the Code. Secorrled by Lyzen. Vote: All aye. M::>tion carried. Relief Order: Ferring moved that Edward 6{ Kristin Eberhardt having been found in violation of Section 20-431(a) of the Code of Winter Spri~, arrl within ten days make application for a variance with the City Camnission. If after this period, the violation is not corrected, there shall be a fine of $10.00 per day until they cane into compliance with Section 20-431(a) of the Code of Winter Springs. Seconded by Fickling. Vote: All aye. M::>tion carried. Item #9 - Bill Seacrist - Sections 13-2(d), 13-3, 6-127 and 6-222(c): Lt. Taylor stated that the property is located at 222 Charles Street in the Meadow Larks subdivision. He stated that the violations are for unkept property. On August 17, 1990 the Code Inspector received a call from Ms. Eastham regarding the conditions at 222 Charles Street. On August 24, 1990 a written warning was posted and on August 30, 1990 the violation still existed after reinspection. On August 31, 1990 a notice of hearing was mailed to the tenant and the property owner. On September 5, 1990 the tenant I s hearing notice was returned marked attempted no known. September 6, 1990 the hearing notice received by the CMl'ler of the property Leonard Casselberry, his son called and . spoke with the Code Inspector regarding the conditions of the property. On September 7, 1990, Seacrist called and spoke to the Code Inspector regarding the violations and the hearing on November 20, 1990. On October 26, 1990, Sgt. Fagan tried to deliver a copy of the notice of hearing and there was a problem trying to contact Seacrist" finally on November 3, 1990, the officer finally carne in contact with Seacrist and he refused to sign for the notice so the officer just left it with him. On November 7, 1990, the Code Inspector met with Seacrist and informed him of what needed to be removed to cane into ccmpliance. On November 14, 1990 Seacrist stated that he needed an additional one to two weeks to cane into compliance. Ms. Eastham is present to witness. Betty Eastham, 633 David Street, witnessed. Eastham stated that the property looks like a junk yard. She stated that she is afraid of vermin. There are air conditioners lined up behind the shrubs and boards, buckets and assorted trash between the garage and fence. She stated that this condition has been going on for about two years. Guy William Seacrist, 222 Charles Street, was sworn in and spoke on his CMl'l behalf. He stated that he is in the air conditioner repair business and there is only 2-3 units on the property at one time. He stated that he keeps parts from old air conditioners. He said in regards to not signing the notice from the officer, his wife would not sign and he called the Police Department and asked them to come back. He said that when the officer came back he asked him what he had to sign and the officer told him he didn't have to sign anything, so that is why he didn't sign the notice of hearing. Seacrist showed the Board pictures of the property since he has cleaned up most of the area. He stated that he has another load to be hauled away. . . . . Code Enforcement Board Minutes November 20, 1990 Page 7 Lyzen moved to find Bill Seacrist in violation of Section 13-2 and 13-3. Seconded by Fickling. Vote: All aye. lYbtion carried. Relief Order: Fickling moved that Bill Seacrist having been found in violation of Section 13-2 and 13-3 of the Code of Winter Springs, is to be given until December 1, 1990 to corne into compliance with Sections 13-2 and 13-3 or be fined $10.00 per day until he canes into compliance with both. Seconded by Lyzen. Vote: All aye. lYbtion carried. Gray encouraged Seacrist to get a City Occupational license. Item #10 - Amerifirst Bank - Sections 13-2(d), 13-3, 6-217 and 6-222(c): Lt. Taylor stated that the property is located at 1382 Ayerswood Court. He stated that violations 13-2(d), 13-3, and 6-2(c) have been corrected; the only violation as of this date is Section 6-217 - unattended pool, not secured. Lt. Taylor stated that on September 19, 1990, the Code Inspector received a ccmplaint about the unkept property and the unattended pool. Beth at the reality company Stenstrom, advised Muse that the doors to the pool are still not addressed but will try to take care of the problem as soon as possible. She is having a problem trying to locate someone to take care of the problem. The property is vacant. There are no witness for this i tern. Muse stated that the screen doors are not locked because when the real tors are showing the hane they use the back entrance to the heme as they only had the back door key and would go in through the screen door. They are in the process of getting the locks changed on the front door so they will be able to go through the front and the screen door will be locked. They will be getting this done wi thin a day or two. There w:lS discussion on this item. Gray moved to dismiss this case. Second by Fickling. Vote: All aye. MJtion carried. Item #12 - Robert Stein and Melinda Miller - Section 13-2(d) Lt. Taylor stated that the property is located at 1217 Deer Run. He stated that on October 18, 1990, the Inspector received a complaint of stagnant water and posted a written warning. On October 23, 1990, the property w:lS reinspected and the violation still existed. On October 25, 1990, Robert Stein called the Inspector and stated that his niece w:lS getting a pool contractor to correct the problem. On November 8, 1990 Mr. Stein called the Inspector and stated that a pool contractor w:lS hired; as of this date the violation still exists. Code Enforcement Board Minutes November 20, 1990 Page 8 TIlere was discussion on this i tern. Ferring moved to find Robert Stein and Melinda Miller in violation of Section 13-2(d) . Seconded by Lyzen. Vote: All aye. Relief Order: Fickling moved that Robert Stein and Melinda Miller, after notification, be fined $75.00 per day after December 15, 1990, until they came into canplian.ce with Section 13-2(d) of the Code of Winter Springs. Second by Ferrirg. Vote: All aye. M:Jtion carried. TIle meetirg adjourned at 9:40 P.M. Respectfully SUbni tted, Margo Hopkins Deputy City Clerk . . .