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HomeMy WebLinkAbout1991 01 15 Code Enforcement Board Regular Minutes f' CODE ENFORCEMENT BOARD MINUTES CITY OF WINTER SPRINGS January 15, 1991 The meeting was called to order by Chairman <ray at 7:00 P.M. ROLL CALL: Bob <ray, Chairman, Present James Dasher, Present Anne Schneider, Vice-Chairman, Present Lloyd Anderson, Present Beverly Fickling, Present Lurene Lyzen, Present CITY OFFICIALS: Code Officer Lt. Ed Taylor Code Inspector Mary Muse r Election of Chairman: Fick 1 ing moved to naninate Bob <ray Dasher moved to naninate Anne Schneider Lyzen moved to close the naninations. Schneider; Dasher: Schneider; Schneider: Lyzen: <ray. <ray elected Chairman. for Chairman. Seconded by Schneider. for Chairman. Seconded by Lyzen. Seconded by Fickling. Vote: Gray: Gray; Anderson: <ray; Fickling: <ray; Election of Vice-Chairman: Dasher moved to naninate Anne Schneider for Vice-Chairman. Seconded by <ray. Schneider moved to naninate Fickling for Vice-Chairman. Fickling declined the nanination for Vice-Chairman. Lyzen moved to close naninations. Seconded by Anderson. Vote: All aye. Schneider elected Vice-Chairman. Approval of Minutes of November 20. 1990: Dasher moved to approve the minutes as presented. All aye. Motion carried. Seconded by Lyzen. Vote: Discussion of Closed and Pending Cases: <ray asked if there is any discussion of the closed and pending cases. Lt. Taylor stated no. Gray stated that the Board has received a copy of the Code Enforcement violations received and corrected summary for 1990. Muse stated that there were 471 violations for 1990 and out of that number 448 were corrected. <ray stated that this is a good percentage. r <ray asked if it was working well with having the Building Department involved in Code Enforcement. Muse stated that there have been no problems. Lt. Taylor introduced Lt. Bob Pieper to the Board as his replacement as the Code Officer, and also the Code Inspector Al White who is replacing Mary Muse. r' Code Enforcement Board Minutes January 15, 1991 Page 2 Gray asked if any of the cases on the agenda have been resolved. Taylor stated that item 11 has been corrected. r Item #8 - Mel Hal 1 (Tenant)/Mr. & Mrs. Rupert Lee Pow(Owner) - Sections 13-26 and 13-33: Taylor stated that the property is located at 440 Green Spring Circle, in The Vineyards subdivision. On August 12, 1990, a written warning was issued to Mel Hall for continually disregarding Code ordinances on noise. The subjects had been told several times to lower the noise. On August 15, 1990, a notice of hearing was mailed to the tenant and property owner. August 20, 1990, Mel Hall received a copy of the hearing notice. August 27, 1990, after receiving no further CQ11)laints the case was dismissed. On November 17, 1990, a written not i ce was posted in ref erence to loud no i se and loud ITUS i c . Due to reoccurrence of noise CQ11)laints an officer turned the case over to the Code Enforcement Board. On November 21, 1990, a not i ce of hear i ng was ma i 1 ed to the tenant and property owner; November 24, 1990, the owners received a copy of the hearing notice. On December 10, 1990, a CQ11)laint form was received by Christina Madeira, the CQ11)lainant. December 18, 1990, a second written notice was issued to Mel Hall who refused to sign. The last contact was on December 19, 1990, a notice of hearing was served to Mel Hall by a police officer. There were three witness sworn in together. Christine Madeira, resident of 430 Green Spring Circle, stated that fram approximately mid Apri 1 at various times there has been very loud noise coming fram 440 Green Springs Circle. She stated that she has been to the residence and countless times the ITUsic was so loud that no one could hear her knocking. Gray asked if this happens on the weekends or at other times. Madeira stated that usually on the weekends but has been during the week days also. Gray asked if the noise happens after 10:00 P.M. Madeira stated that it has been at various times fram 10:00 P.M. through 3:00-4:00 A.M. She also stated that she had been in contact with the property manager, and asked that they do something about the noise. Madeira also stated that there has been other complaints fram various neighbors. Gray asked how far Madeira's home is fram the house in quest ion. Madeira stated that her home is about four houses down with a small cammon area between r-' the buildings. Madeira stated that there is a concrete wall behind the homes and the noise reverberates off the wall. I"'"" j Code Enforcement Board Minutes January 15, 1991 Page 3 Mel Hall, tenant at 440 Green Springs Circle, stated that the first occurrence with Ms. Madeira was when she came and asked about the loud music on a Saturday afternoon. He stated that the first time he received a written warning was in the afternoon when he was having a birthday party for his mother. Gray asked if Hall was ever asked to turn down the music after 10:00 P.M. or anyone else in the apartment. Hall stated he was never asked and not to his knowledge was anyone else asked to turn down loud music. Hall stated that he has spoken with Karen Bowes, the property manager, and stated that Bowes didn't see any problem at the address. Hall stated that he can honestly say that he has not had parties late at night. r Dasher stated that looking over the records that there has been two written warnings for loud noise at the address. He asked if on both of these occasions if Hall was having a party or playing loud music. Hall stated no he hadn't. Lyzen asked if Ha 11 owned a motorcyc 1 e. Ha 11 stated that he does own a motorcycle but at the time of the motorcycle complaint he did not live there. Lyzen asked why Hall did not sign the violation the first time. Hall stated that he was with his girlfriend in the living room listening to music about 11:30-12:00 P.M. when the police officer knocked on the door, and he refused to sign because he didn't agree that the music was too loud. Debbie Leepow, 720 Bartholomew Way, Longwoodj property owner, stated that there was a problem with noise when her brother John lived at the address but since he has moved there is not a noise problem. She also stated that she has gone by the residence and asked Karen Bowes and both say there has been no noise when they have gone by at different times of the evening. Gray asked if there has been any other complaints besides Medeira. Taylor stated that no, Medeira is the only oomplaintant. Anderson asked if Leepow had been to speak with the Code Inspector about the complaint. Leepow stated that no she hasn't, but had been in contact with Karen Bowes. Schneider stated that the first warning was issued on Saturday, November 17, 1990, at 4:09 A.M., the second notice was issued on Tuesday, December 18, 1990, ~ at 12:03 A.M., and the last notice was issued on August 12, 1990, at 6:47 P.M. Medeira again stated that this has been going on since April 1990. There was discussion on this item. r'" r t""" Code Enforcement Board Minutes January 15, 1991 Page 4 Lyzen moved that Me1 Hall and Mr. & Mrs. Rupert Leepow be found in violation of Section 13-26 and 13-33. Seconded by Fickling. Vote: All aye. Relief Order: Dasher moved that Me1 Hall and Mr. & Mrs. Rupert Leepow having violated Sections 13-26 and 13-33 of the Winter Springs Code, if in the future in the opinion of an officer of Winter Springs, again violates either of the two Sections of the Code, shall pay a fine of $50.00 for each violation. Seconded by Lyzen. Vote: All aye. Item #9 - Ron & Christina Puterbaugh - Section 6-193: Taylor stated that the location of the violation is at 624 Locust Court, in the Walden Terrace Subdivision which is located off of Murphy Road and South Edgemon Avenue. On December 13, 1990, a written warning was issued to the owner, Ronald Puterbaugh, infonming him to move the fence so that it is three inches from the property line. On December 17, 1990, a notice of hearing was typed for the January 15th meet i ng . On January 6, 1991, a hear i ng not i ce was hand delivered by a police officer to Ron Puterbaugh. On January 7, 1991, Puterbaugh contacted the Code Inspector, and informed her that his survey company indicated that he only needed to move the first post to be in compliance. The Code Inspector informed Puterbaugh that she believed that it was the first three posts and should get in touch with his survey company to find out for sure. The Inspector called Puterbaugh's surveyors, Dudney Surveyors, to find out what the exact distance was from the post to the property line. David Dudney informed the Code Inspector that the first post was on the property line, the second and third posts were 4/100 short of the property line. On January 8, 1991, A-1 Engineering and Survey called the Inspector and stated that a copy of Puterbaugh's corrected survey would suffice. Bill Parham is present to witness. Taylor showed the Board pictures of the fence and a rope depicting the property line. He stated that the pictures show the posts have been removed but the concrete they were set in still exists. Dasher asked if the property owner refuses to move the posts. Muse stated that when the property owner was informed of the violation he stated that he was going out of town and when he returned he would move the posts. Ron and Christina Puterbaugh and Bill Parham were sworn in for testimony. Parham of 626 Locust Court, stated that back in August the Puterbaugh's were given a warning for the same violation. He stated that all he is asking for is that the Puterbaugh's comply to the City Code. He also stated that the Police Chief and Building Official has been out to the property and at the time a rope was stretched from front to back to show the property line. r- Code Enforcement Board Minutes January 15, 1991 Page 5 Parham stated that the posts have been rroved but not rroved far enough. Ron Puterbaugh stated that this has been on-going. He also stated that he has received a letter from the City Manager stating that everything was fine at this time. He stated that with the first and second survey that he had done shows that the posts were within three inches of the property line. He stated that he spoke with Muse and asked what was going on, and was told that one post was leaning on the property line. Puterbaugh stated that he told Muse he was leaving for vacation and would correct this problem when he returned. Muse told him to contact her when this was corrected and she would come and inspect the posts. Puterbaugh stated that when he returned from his vacation he rroved the posts 4 1/2 inches from the property line, but Muse was no longer with the City and ~. there wasn't anyone to came out and inspect that the fence posts were rroved. He stated that he met with the Police Chief and told him that they have moved the posts and wou 1 dl i ke someone to come out and inspect the posts. He stated that the Police Chief told him that he would have to appear before the Board and then someone would come out to verify that the posts were rroved. There was lengthy discussion on the surveys and the position of the fence posts. Puterbaugh stated that he feels that the posts are in compliance with City Code and if not he is willing to rrove the posts if after inspection they are not in camp 1 i ance. Gray questioned why an Inspector from the City did not go out and inspect the posts before tonight. Dasher stated that it seems that there is something rrore than meets the eye with this case, it seems that there is anirrosity between the two neighbors. This case is to a point as to where Puterbaugh moved his fence inches in the proper place as determined by his surveyor with the proper survey, then there is no case at this time. There is no violation since the posts were rroved and it is determined that they have been moved the proper distance. Dasher mentioned to postpone this case until the next meeting to give the City time to inspect the posts to see if they are in compliance with the Code. r Fickling stated that she would like to see the City get with an unbiased surveyor and meet with both parties and plot the line and at that time find out the right measurements. r"' Code Enforcement Board Minutes January 15, 1991 Page 6 Dasher moved that based on the fact that three professional surveyors has surveyed the property and there is a disagreement between them, but the Board is here to detenmine if there is a code violation. As a result the case be set aside and when the City checks to see if there is a violation of the Code then open the case again. Seconded by Fickling. Vote: All aye. Item #10 - William & Geraldine Mayhood - Section 20-433: Taylor asked if this case could be put off until the next meeting. With the inclement weather the police were not able to verify if the vehicle has a current tag. Gray stated that this would be fine. Item #12 - Lewis Tryon(Tenant)/CUmberland Fanms(Owner) - Sections 13-2(b), 9- 349 and 20-232(b): Taylor stated that on November 13, 1990, a written warning was issued to Lewis ~ Tryon which he refused to sign for. On November 28, 1990, reinspection revealed that the property was not in compliance and a notice of hearing was typed. On November 30, 1990, a notice of hearing was mailed to Tryon and the Owner, curoerland Farms. December 4, 1990, curoerland Farms received a copy of the hearing notice. December 1, 1990, Tryon received the hearing notice. On December 17, 1990, a reinspection of the property revealed the property was still not in compliance with the Code; the property was cleaned but was still in violation of the site plan. On December 27, 1990, the Code Inspector met with Jack Davies, Real Estate Representative for Cumberland Farms, and brought him a copy of the site plan and indicated the Code violations. The Code Inspector told Davies that any outside storage or display was against the approved site plan, and if Tryon wished to have outside display or outside storage then an approved revised site plan was needed. Davies was also informed that someone was living in the motor home which is parked on the side of the building. Taylor stated that on January 8, 1991, Dave Tryon, Lewis Tryon's son, called to request an extension of time from the Code Inspector. Muse informed him that she could not grant an extension, that an extension would have to be requested of the Board. Tryon to 1 d her that they needed more time to rEmOve more i terns . Taylor showed the Board pictures of the property. r Fickling asked about the five violations that were cited on November 13, 1990, and only three violations on the agenda. Muse stated that the unkept property portion has been cleaned up. The violations at this time are Section 9-349 and 20-232(b) and also 13-1. Lewis and Dave Tryon and Jack Davies were sworn in for testimony. I"'" Code Enforcement Board Minutes January 15, 1991 Page 7 Jack Davies, representative of CUmberland Farms, contact with Tryon and Tryon has retained council statement at this time. stated that he has been in and is prepared to read a Lewis Tryon, 531 East state Road 434, Winter Springs, asked for a continuance until the paper work is done to file for a Special Exception. He stated that is has been detenmined by his Attorney and the City Attorney that there exists a potential legal issue in the interpretation of a zoning ordinance. He stated that his Attorney was not able to attend this meeting and can not proceed without legal advise. Tryon stated that his request for a continuance is in good faith. Taylor stated that on December 1, 1990, Tryon received a copy notice and as of this date, January 15, 1991, the time lapse is the City feels is sufficient time to prepare for this hearing. that no more time is needed. of the hear i ng six weeks which The City feels r Tryon stated that he is not prepared to give testimony until he has legal council present. Dasher asked about the motor home that is on the property. Tryon stated that he uses the motor home for his business and he and his wife live in the motor home to keep an eye on the equipment he has stored in the back. He stated that he is staying there until he can get the equipment that is stored in the back properly housed. Schneider asked Tryon how many feet is the lawn equipment is from the highway. Tryon stated that it is 400 feet from the highway. Schneider asked Muse if she is satisfied that the violation for unkept property is taken care of. Muse stated that she was and that the violation right now is for the site plan and outdoor display. The site plan needs to show the storage area for the equipment and approval for outdoor display. Muse told Tryon what exactly was needed. She stated that he needed to make request for outdoor display area, and for the storage area, and also request a special exception to park the motor home on the property for use in his business. Lyzen asked that at this time the equipment is behind the store and is not ~. visible from the highway. Tryon stated that was correct. There was discussion on this item. Gray stated that it would be reasonable to continue this case to see if a Special Exception is granted. r Code Enforcement Board Minutes January 15, 1991 Page 8 Gray asked what are the plans for the rrotor hane. Tryon stated that he does use the rrotor hane to travel for his business but as soon as he gets a place to house the equipment in the rear of the business, he will rrove the rrotor hane from the property. Schneider rroved to continue this case to the next meeting. Seconded by Lyzen. Discussion. Vote: Lyzen: aye; Gray: aye; Dasher: nay; Schneider: aye; Anderson: aye; Fickling: aye. Motion carried. Item #13 - Kenneth & Marjorie Edelen - Section 20-431(f): Taylor stated that the location of the property is 307 Birch Terrace, which is south ofS.R. 434, off of Murphy Road. On November 12, 1990 the City denied a request to allow a recreational vehicle over 28 feet to be parked at 307 Birch Terrace. On November 26, 1990, a statement of violation and notice of hearing was typed to send to the property owners. November 29, 1990, the statement of r violation and notice of hearing was mai led to the Edelen's. On December 1, 1990, the Edelen's received the hearing notice. On December 28, 1990, the Police Chief advised the Code Inspector to bring this case before the Code Board even if the recreational vehicle is removed so the Board can put in an order that if the recreational vehicle is brought back to the residence, without approval fram the City Commission, the owner will be fined. This way it will not have to be brought back before the Board. Taylor mentioned that the recreational vehicle has been rroved as of January 7, 1991. Lyzen stated that if the property owner is not in violation now, then there is nothing the Board can do at this time. Muse stated that the Police Chief wanted this to cane to the Board in case the recreational vehicle is back on the property then a relief order would already be written up. There was discussion on the case. It was established that the owner went before the Commission a year ago and got an approval to park the vehicle on his property, in November 1990 Edelen went before the Commission for approval for another year to park the vehicle on his property, the approval was denied because there was a complaint about the vehicle being parked on the property. r Gray stated that until this is established as a reoccurrence then the Board could not act on the case. r-. r ~ Code Enforcement Board Minutes January 15, 1991 Page 9 Gray moved to dismiss the case. Discussion. Dasher stated that the Board get the opinion of the City Attorney as to what constitutes a continuing violation. Vote: All aye. Motion carried. The meeting was adjourned at 10:00 P.M. Respectfully Submitted, Margo Hopkins Deputy City Clerk