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HomeMy WebLinkAbout1992 03 17 Code Enforcement Board Regular Minutes " . CODE ENFORCEMENT BOARD March 17, 1992 The meeting was called to order by Chainman Hoffmann at 7:00 P.M. - BOARD MEMBERS: Bob Gray, Absent James Dasher, Present Anne Schneider, Vice-Chainman, Absent Lloyd Anderson, Present Jim McShea, Absent Lurene Lyzen, Present Art Hoffmann, Chainman, Present CITY OFFICIALS: Lt. Bob Pieper Code Inspector Al White Approval of Minutes of January 21. 1992: Lyzen noted a typo on page two and page five. Dasher asked what Homeowners Association was referenced on page 2. It was determined that Gray was speaking about a letter he and the Attorney received regarding the Warren case, which the Board did not receive. Dasher also questioned wording on page three. The recording secretary stated that this was quoted fram the City Attorney. Lyzen moved to approve the minutes of January 21, 1992, as amended. Seconded by Anderson. Vote: All aye. Motion carried. . Discussion of closed and pending cases. White stated that the only pending case is item # 6. CEB-91-303, Jose M. & Alzira M. Bruno, 603 Sailfish Road, Section 8-33 - No Develoanent Permit; Previously Ruled "In Violation". Pending Relief Order: Hoffmann stated that in this case the Board had a finding of fact but no relief order because the defendant was anticipating an appeal to the City. He stated that the appeal was not on the motion of the Board but on the situation evolving the Board's mot ion. White distributed an update on this case. White stated that on March 9, 1992, he received a piece of correspondence and as of 4:30 this afternoon, we have received three pieces of new information. . Lt. Pieper said that as stated that this case where a finding of fact has already been rendered but a relief order was pending an intended appeal to the City; which occurred on the 21st of January 1992. At that time it was unknown to us that Mr. Bruno had received communication by letter fram the Department of Environmental Regulation, dated the 7th of January 1992. This letter stated that the requirements of the City were essentially the same as DER and that the dirt needed to be removed fram that lot within 45 days. By calculation, January 7, 1992 through February 21, 1992, equals the 45 days given to remove the dirt. At the time this Board met on January 21, 1992, Mr. Bruno was under orders of DER to remove the dirt. Essentially that took the problem out of the hands of the City of Winter Springs as a simple violation of City ordinance, because now it was a violation of the State of Florida Department of Environmental Regulation. On January 27, 1992, based upon that, the Building Official noticed Mr. Bruno, by ,. Code Enforcement Board March 17, 1992 Page 2 . letter, that the dirt must be removed by March 2, 1992. (Pieper stated that he could not explain the March 2nd date), also the Building Official advised Mr. Bruno to provide the City and DER a schedule of the removal of the dirt. On February 4, 1992, Ms. Bruno sent a letter to the City of their plans of the removal of the dirt on February 22 and 23, 1992, this is before the date that the Building Official had given them and one day after the date DER gave them. On February 7th the Bui 1ding Official noticed the inspector of Bruno's dirt removal plans as stated in the letter of February 4, 1992. Also, he advised that he met with Bruno's engineer, and assured the engineer that if he could satisfied DER that they could grant penmission they could build on that lot, then the City would grant the necessary penmits. On February 17, 1992, in a letter to Mr. Pflueger, the Bruno's engineer, from DER, it acknowledges that Pflueger met with DER, the outcome of that meeting was that the engineer was to meet with the Bruno's and either modify their plans or to abandon their plans and to discuss this decision with DER on March 5, 1992. Reinspecions of the lot by the Code Inspector between the 24th and 28th of February 1992, indicated the violations were still uncorrected. On March 3, 1992, the Building Official inspected the lot, which is acknowledged in a letter dated March 4, 1992. On March 4, 1992, apparently unaware of the Bruno's engineer's discussions and ongoing negotiations with DER, the Building Official wrote a letter to the Bruno's stating that they did not comply with DER's requirements, and copies sent to DER and the Code Inspector. On March 6, 1992, the Bruno's engineer advised the Building Official by letter, dated March 6, 1992, that he would be rescheduling the meeting of March 5, 1992, which was mentioned in the DER's letter of March 2nd; included in that letter was a proposal of where the house pad could be moved to another location on the lot that may be acceptable. On March 10, 1992, the Building Official indicates on the proposal,(which the Board was given this evening) that 90% of the pad will still be below the 100 year flood plane and would not be approvab1e. On March 17, 1992, upon reinspection of the inspector, the violation still remains unchanged and the dirt still remains as it was placed in October 1991; and at that time an affidavit of non-compliance was filed and a photo was taken. . The Board was given the photo to review. Pieper went on to say that at 4:30 this afternoon, new information was given, which is a letter between DER, the Bruno's engineer, and the proposal of the house location. Also, attached to that packet of infonmation, there was a note attached from the Building Official, stating that the Bruno's were to call him, on March 9, 1992, to keep him advised as to the status of this, and as of this date he had not heard from them. Pieper stated that as was discussed previously, at the January Code Board meeting, and as agreed upon by all merrbers, the issue here is not whether a -house can be built on this lot, the issue here which was noted in violation was that development of a lot in a flood hazard area was begun without the appropriate penmit. The relief order was deferred at the last meeting, waiting for the outcome of a Commission meeting; which will not take place because the problem came into the . hands of DER as well as the City of Winter Springs. In the letter from the Bruno's engineer, proposing new locations of the house pad, it indicated that they propose to move the house to a more northerly location on the lot, which would be sanewhat "" . Code Enforcement Board March 17, 1992 Page 3 out of the 100 year flood plane. Also on that map in the central portion, there is an indication that states .. this approximate area filled from elevation 35.3 to elevation 36.5 more or less", this is the area in question that the violation occurs at. If the engineer and the Bruno's have acknowledged the fact that they have to move the house out of the flood plane, why is the dirt still in the flood plane. Where the dirt is now, will not be used in any house plans, and the violation still exists, and the time limit to correct it is long past due. Discussion on this case. It was stated again, that the issue is not whether a house can be built on this lot, the issue is that the dirt on the lot is in violation. . Relief Order - Dasher moved that Mr. Bruno having been found in violation of Winter Springs Code, Section 8-33, be given 45 days after notification to correct the violation. Thereafter, there will be a fine of $100.00 per day until this violation is corrected. In the future, if there should be a repeat of this violation the daily fine shall be reinstated immediately, and shall continue until an officer of the City of Winter Springs shall determine the offense is corrected. Seconded by Lyzen. Discussion. It was decided to change the time alloted from 45 days to 14 days. Dasher emended the motion to state: Mr. Bruno having been found in violation of Winter Springs Code, Section 8-33, be given 14 days after notification to correct the violation. Thereafter, there will be a fine of $100.00 per day until this violation is corrected. In the future, if there should be a repeat of this violation the daily fine shall be reinstated immediately, and shall continue until an officer of the City of Winter Springs shall determine the offense is corrected. Seconded by Lyzen. Vote: All aye. Motion carried. The Board discussed how it was going to be determined that the property is back to its normal state. The Board determined that an officer of the City will determine this. 92000181 and 9200087, Jeff Lee Autry and Luis F. Cartagena and Occupants, 1385 Blue Spruce Court. Section 13-26. Loud Noises and Section 13-33. Loud Music: White distributed an update on this item. He also mentioned that there are two neighbors here but are not going to testify. Pieper stated that in spite of the proper notification of the parties involved, no one is present to offer testimony. The Code Inspector Al White was sworn in for testimony. Pieper stated that the problem exists back to Christmas 1991, and noted that in the package there are numerous copies of the Winter Springs Police patrol logs and written warnings and indications of responses to complaints at 1385 Blue Spruce Court. . Pieper said for the record the run-down on this violation is: Loud music complaint on December 25, 1991, a loud music complaint three times on December 29, 1991, a .,. Code Enforcement Board March 17, 1992 Page 4 . loud music complaint on December 31, 1991, a loud music complaint on January 2, 1992, a loud noise complaint Noted on January 3, 1992, loud music noted on January 5, 1992, firecrackers on January 7, 1992, loud music on January 11, 1992, loud noise on January 18, 1992 as well as a loud noise party later on January 18, 1992, noise disturbance on January 19, 1992, loud noise on January 25, 1992, a noise disturbance and a fight on January 26, 1992. Pieper stated that on the patrol logs, the Board has copies of, some indicate the problem corrected and some indicate an individual contacted by the officer at that time and was advised to keep the noise down, some indicate that a complaint was received however, the officer did not personally witness something that the problem had cured itself by the time the officer arrived. The notices of violation and notice to appear were prepared and delivered to a resident of 1385 Blue Spruce Court, Jeff Lee Autry on January 30, 1992; also notice was sent to the owner of record, George A. & Janet Moore in Jacksonville and Dime Savings Bank, mortgage holder. Hoffmann mentioned that the Board has a copy of a letter dated February 19, 1992 from Mr. & Mrs. Moore which is significant. Pieper stated that the letter dated February 19, receiving the notice of violation. 1992, was in response to them . Hoffmann stated that the letter from the Moores states that the house is currently being foreclosed and no one has been authorized by them to live in the house or to rent it out. Dasher also mentioned that on March 13, 1992, a Mr. Mark Woodard of 750 South Orange Blossom Trail, Orlando, advised the Code Inspector that he quit claimed the property from the owners 3 to 4 months ago. Pieper said in response to the letter received from the Moores, the Code Inspector prepared a letter to Dime Savings Bank, indicating to them the statements made by the Moores that they no longer have possession or responsibility of the property and requested their assistance in verifying their statement and asking them in fact they are responsible for this property and are responsible for the individuals occupying the home. We have not yet received any comments from them regarding this. Discussion. Pieper noted the different times that the violations occurred. He said that it is the City's position that those named in the package, Jeff Autry and Luis Cartagena, the renting occupants, of that location, those named as well as other ~cupants un- named are in violation of Section 13-33, by the playing of loud radio, phonograph or musical instrtrnent within the City, noting that the ordinance states "especially during the hours between 10:00 P.M. and 7:00 A.M. so as to annoy'or disturb the . quiet comfort of responsive persons in any dwelling or other type of residence in the vicinity". Pieper said that obviously by the voltrne of calls that the Winter Springs Police '., Code Enforcement Board March 11, 1992 . Page 5 . . Department responded to within this period of time, proves that indeed there were people living in the vicinity that were disturbed, additionally that the violation of Section 13-26, prohibiting loud noises generally, in an unreasonably loud disturbing or an unnecessary noise, the intensity or duration as to be detrimental to the life, health, comfort or repose of any individual is prohibited. We do not have residents present to testify, we have statements, conversations between the Code Inspector and neighbors where anon~ity was guaranteed because of a certain amount of fear because on one of the incidents, as noted in the Inspectors comments on February 25, 1992, four different neighbors who did not want to be identified because guns were involved in a recent problem. The incident involving the guns was handled by the Law Enforcement rather than Code Enforcement. This situation we feel is definitely in violation of the City Code. Discussion on this item. It was noted that the house seems to be vacant at this time. Pieper stated that the City is seeking a ruling and relief for the existence of what has happened. Dasher stated that this is a gross case of someone imposing on their neighbors with loud noise, if found in violation, who does the Board cite. Pieper stated that at this time the occupants Jeff Autry and Luis Cartagena and other occupants. Discussion. It was detenmined that the property owner can be cited as they are responsible for the renters. It is unclear as to who the owner of record of this property is, but as of this date fram the tax rolls it is the Moores. Lyzen moved that Code Board cases 92000181 and 92000281, of the City of Winter Springs, the Code Enforcement Board has read the complaint filed and the written information presented by the Code Officer and heard the sworn statement of the Code Inspector, the Board finds Jeff Lee Autry and Luis F. Cartagena and Occupants, in violation of Sections 13-26 and 13-33 and an appropriate relief order be issued at this meeting. Seconded by Dasher. Discussion. Vote: All aye. Motion carried. Discussion on this item and the relief order. Pieper read fram the City Code Section 2-61, Powers of the Code Enforcement Board, paragraph 6. Relief Order - Dasher moved that having been found in violation of Winter Springs Code Section 13-26, loud noise, and Section 13-33, loud music, Jeff Lee Autry and Luis F. Cartagena or occupants, of 1385 Blue Spruce Court, after notification of the above violations, shall be fined $100.00 per occurrence of either Section 13-26 or 13-33, of the City of Winter Springs Code. In the future, if there should be a repeat of the violations the fines shall be reinstated immediately for each and either of these violations. Seconded by Lyzen. Discussion. Vote: All aye. Motion carried. It was noted that the notice be sent to the owners of record, the mortgage holder, the "alleged" owner of the property at 1385 Blue Spruce Court, and the named and unnamed occupants. Code Enforcement Board March 17, 1992 Page 6 Hoffmann briefly discussed the ordinance fram the City of Sanford on Code Enforcement. Copies of this ordinance was distributed to the Board, City Commission and City Attorney for their review. The meeting adjourned at 8:45 P.M. Respectfully Submitted, Margo Hopkins Deputy City Clerk .. . . .