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HomeMy WebLinkAbout1992 11 17 Code Enforcement Board Regular Minutes ,.- CODE ENFORCEMENT BOARD MINUTES November 17, 1992 The meeting was called to order at 7:00 P.M. by Chainman Hoffmann BOARD MEMBERS: Bob Gray, Present Gene Prestera, Present Art Hoffmann, Chairman, Present Anne Schneider, Vice-Chainman, Present Lloyd Anderson, Present Jim McShea, Present Lurene Lyzen, Present CITY OFFICIALS: Lt. Pieper, Code Officer Al White, Code Inspector Approval of Minutes of September 15. 1992: Lyzen moved to approve the minutes of September 15, 1992. Seconded by Schneider. Vote: Lyzen: aye; McShea: aye; Anderson: aye; Schneider: aye; Hoffmann: aye; Gray: aye. Motion carried. NOTE: Prestera arrived at 7:15 p.m. The Code Officer, Code Inspector and witnesses were sworn in for testimony. Discussion of Closed and Pending Cases: There was same discussion on cases to came before the Board in January. r CEB-92-420 - Charles R. Jr. and Deborah J. North, Section 13-26, Noise Nuisance. 662 Marlin Road: Hoffmann described the duties etc., of the Board to those present. White passed out an up-date of this item to the Board members. Pieper stated that this case involves a violation of Sec. 13-26, came to the attention of the Code Inspector on Sept. 1, 1992 when he received a oamplaint of a disturbance caused by noise fram motorcycles at 662 Marlin Road, during the evening hours and weekends. On Sept. 3, 1992 the inspection of the residence by the Code Inspector showed no visible signs of the violation at 1:48 p.m., on a Thursday. On Sept. 9, 1992 a complaint form was received fram Mr. John Wright stating noise disturbance has existed for approximately 6-7 months. The complaint form also alleges that the accused violators are repairing motorcycles at his hame for money and fixing motorcycles for resale. Pieper stated that it should be noted that we are not pursuing an allegation of operating a business in a residential area this evening, simply a noise disturbance. r Pieper went on to say subsequent inspections by the Code Inspector showed no visible signs of a violation on Sept. 9, 18, and 28, 1992. On October 7, 1992 in response to further complaints fram Mr. Wright, research into past complaints of noise disturbances was started; to date that research has revealed 5 separate complaints of motorcycle noise disturbances at 662 Marlin Road area. On Aug. 29, 1992 - Saturday, 6:02 p.m., when officers arrived there was no noise. Aug. 30, 1992 - Sunday, 12:03 p.m., contact was made with North and was asked to keep noise down. Oct. 6, 1992 - Tuesday, 8:03 p.m., unfounded - contact was made with North and advised of complaint. Oct. 7, 1992 - Wednesday, 6:13 p.m., no noise when officers arrived. Oct. r- Code Enforcement Board Minutes November 17, 1992 Page 2 9, 1992 - Friday, 8:21 p.m., unfounded. Oct. 9, 1992 statement of violation and notice to appear was delivered to North. On Nov. 11 & 12, 1992 the inspector contacted other residents in the neighborhood to discover the scope of the situation. Same residents indicated that they did hear noise from motorcycles and see motorcycles in the area, other residents advised that they do not. On Nov. 12, 1992, the Inspector had further contact with Mr. Wright who advised that the situation is not corrected to his satisfaction, and since this meeting had been set he has not bothered to call the Police Dept. to make further complaints; Wright is present tonight to give testimony. Pieper stated that based on the complaints of Wright and the records indicating previous complaints of motorcycle noise disturbances in that area; it is the City's belief that Charles North is in violation of Section 13-26 by creating a disturbance, while repairing motorcycles which is detrimental to the comfort and repose of any individual in the vicinity. r John Wright, 660 Marlin Road, gave his testimony. Wright stated that at first he approached Mr. North in July asking about the noise, and he replied that he was fixing cycles for his friends and didn't seem concerned about my complaint, just continued on. One thing that disturbed me was after North received notice of my complaint, he (North) came over to my home Oct. 12, 1992, he said to me that regardless whether I came to the meeting or not that he was going to continue to work on his friends motorcycles and if I didn't like it him and I would be going to "war". There are other people in the neighborhood that I think are concerned but people don't like to get involved. Wright stated that the noise has been toned down, but he told me face to face that he was not going to stop. Wright went on to say that he feels that he has been patient and have tolerated the noise for 4-5 months and I have put up with the noise as long as I felt necessary. Gray asked if Wright was in the house when the noise was heard. Wright said that he could be in the house with the windows shut and still hear the noise. Hoffmann asked if this generally occurs on the weekend or during the week. Wright said that there is no set time, primarily in the evenings. Lyzen asked until what time at night do you hear the noise. Wright said several weeks ago he was out there at 11:30 at night; one of the other neighbors said something to me, most people are reluctant to come here. Gray asked if the noise ever awakened Wright. Wright said yes, the noise definitely disrupts our normal routine of living. Hoffmann asked if within the last 2-3 weeks if the situation was tolerable and Wright answered no. r Discussion. Gray read Section 13-26. Charles and Deborah North spoke on their behalf. r Code Enforcement Board Minutes November 17, 1992 Page 3 Mr. North said that they have been living at that address for two years and has been repairing friends motorcycles since living there. At the time the police officer came, I was tuning a motorcycle and it did make a lot of noise, I immediately shut it off. Mr. North stated that Wright never came to his house and complained about the noise. He did say that after he received the notice of hearing he went over to Wright's home and told him that he would do everything he could to keep the noise down if Wright was willing to be more tolerant and Wright said no he couldn't be more tolerant. Mr. North said that he never told Wright that they would go to "war" Ms. North said that they both ride motorcycles and have legal street bikes and never has had any problem before and Wright has never been over to their home complaining about noise. There was discussion on whether this is considered a noise nuisance. Gray stated that the issue is not the North's coming or going, the issue is in the evenings - how often bikes are worked on, how often they are started while fixing etc. Jack McGlafin, friend of the North's, spoke on the North's behalf. Gray asked North if he knew the Housworth's. North replied that they live across the street from his home, and has never complained about noise. r McShea asked North what could he do in short of not working on bikes to satisfy the noise. North stated nothing short of just not working on bikes would satisfy my neighbor. Pieper asked Code Inspector White if during the course of his investigation, he made several personal visits to the area to try and verify the existence of this complaint, and what did he find on those visits. White stated that he spoke with a neighbor on Nov. 12, whereas the neighbor asked not to be identified as the person was concerned about retribution from North. White stated that on his personal visits he did not find any violations and that is the reason he asked some neighbors. Discussion. Lyzen moved that case CEB-92-420 of the City of Winter Springs, the Code Enforcement Board has read the complaint filed and the written information presented by the Prosecuting Officer and heard at this meeting the sworn testimony of the Code Inspector and witnesses involved in this case, based on these proceedings moves that this Board find Charles R. Jr. & Deborah J. North in violation of Section 13-26 of the Code of the City of Winter Springs and that an appropriate relief order be issued at this meeting. Seconded by Gray. Discussion. Vote: All aye. Motion carried. r Relief Order: Schneider moved that the Code Enforcement Board of the City of Winter Springs fine Charles R. Jr. & Deborah J. North $50.00 for a repeat of the violation of Section 13-26 of the Code of the City of winter Springs, and that the violation be confirmed by an officer of the City of winter Springs. Seconded by Lyzen. Discussion. Vote: All aye. Motion carried. r Code Enforcement Board November 17, 1992 Page 4 White stated that the next case on the agenda has been cleared. The meeting was adjourned at 8:25 p.m. Respectfully Submitted Margo Hopkins Deputy City Clerk I""" I"""" ,