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HomeMy WebLinkAbout1993 09 21 Code Enforcement Board Regular Minutes r CODE ENFORCEMENT BOARD MINUTES SEPTEMBER 21, 1993 f". The meeting was called to order at 7:05 P.M. by Chairman Hoffmann. BOARD MEMBERS: Bob Gray, Present Art Hoffmann, Chairman, Present Anne Schneider, Vice-Chairman, Present Lloyd Anderson, Present Jim McShea, Absent Lurene Lyzen, Present Gene Prestera, Present CITY OFFICIALS: Lt. Glenn Tolleson, Code Officer Al White, Code Inspector Approval of Minutes of July 20. 1993: Lyzen moved to approve the minutes of July 20, 1993. Seconded by Schneider. Vote: All aye. Motion carried. Discussion of Closed and Pending Cases: Lyzen asked what the initials "TOT" meant. mean "turned over to the Code Board". White said that the initials r Hoffmann asked what Due 9/7 meant. case is not corrected then the November 16th meeting. White said that it means that if the case will came before the Board at the Gray also asked how to determine if an officer has reported a case. Tolleson said that anything that has "930" as the beginning of the case number is officer generated, if the beginning has "CEB" it is generated by White. CEB-93-289, Andrews Scrap Tire Hauling and Vincent Contestabile - 200 Old Sanford Oviedo Road. Section 10-26 - Violation of Occupational License: White gave the Board an up-date on this case. Vincent Contestabile, Mrs. Contestabile, the property owner and Donald LeBlanc were sworn in for testimony. Tolleson said that this case was brought to our attention on June 23, 1993, with the receipt of a letter fram the Land Development Coordinator Donald LeBlanc. The letter stated that the Winter Springs City Commission on January 14, 1991, had granted Mr. Contestabile an occupational license as a tire shredding operation. The intent was to be a complete operation conducted on site; this meaning tires being brought in, tires being shredded and then the shreds taken to the landfill. The Commission also stated that there was a stipulation as to a limit of 3,000 tires on site as storage in case of equipment breakdown. The limit of 3,000 tires would be a little less than one day's shredding, which is less than the daily capability of ~ the machine. On November 29, 1990, the City received a letter fram the Code r Enforcement Board Minutes Septernber 21, 1993 /"""" P ag e 2 Florida Environmental Regulations stating that Mr. Contestabile is seeking a fixed tire processing facility permit at the site in Winter Springs. On June 22, 1993, there was a telephone conversation between LeBlanc and Contestabilej Mr. Contestabile stated that the machine has been broken since January and was in Chicago for repairs. Tolleson stated that the operation now is tires are being brought in sorted out for resale and the remaining taken to the landfill. On March 11, 1991, the Fire Chief inspected the site and the shredder was not on site then. On June 30, 1993, July 20, 1993 and August 27, 1993, and inspection was done by White and the shredder was still not on site only stacks of tires. Contestabile told White that he was bringing tires in sorting out the good tires for resale and taking unusable tires to the Orange County landfill. There has not been a shredder seen on the site since before March 11, 1991, it is suppose to be in Chicago since it broke in January. The occupational license was issued to shred tires and to store up to 3,000 on site, the only activity is moving tires in and out unshredded, thus making it a transfer station and not a shredding operation which is in violation of the occupational license. r Tolleson said that Contestabile has not come into compliance as of this meeting which allows us to ask the Board to rule that the violation does exist and to issue the appropriate relief. Grayasked if the license gets renewed every year. White said that yes it has been renewed every year and this complaint surfaced in the letter of June 23, 1993, from the LeBlanc which states that this should have a shredder on site and that is the main point of dispute with the occupational 1 icense. Vincent Contestabile, owner of Andrews Scrap Tire Hauling, 200 Old Sanford Oviedo Road, Winter Springs, FL spoke on his own behalf. He stated that he feels that there is some miss leading information on everyone's part and he would like to explain it. He said that when he originally leased the property the property was zoned industrial use of automobile tires, under that zoning in the City of Winter Springs, it allows me to have up to 1,000 on site through the State Law, which I have a copy of the laws here with me tonight. He said he brought a tire shredder in because he felt it was industrial use of an automobile tirej because the rule didn't specifically state tire shredding, the City of Winter Springs shut me down. In return I took it to the Board of Adjustment and was turned down, and then I went back to the Commission who over-ruled the Board of Adjustment's decision. The Commission was concerned because of the tire business and they made a limit on the amount of tires I could have on the property. The Commission limited me to 3,000 tires at one time on the property. I was shut down for four r months while this was going on, so I moved my machine to Orange County and r Code Enforcement Board Minutes September 21, 1993 r Page 3 it was there until January of 1993, it was never at the site since I was closed down. Hoffmann asked why the shredder was moved off the site. Contestabile said because he was shut down for four months until I went before the Commission. Hoffmann said the case was because you had the shredding of the tires on site and not because you had tires there. Contestabile said that he could not operate his facility without the shredder at that time. Hoffmann asked where is the evidence that you were told that you could not use your shredder. Contestabile said that the Board of Adjustment said that I could not use the shredder on site because it does not specifically say that a shredder can be used in that zoning. It did state industrial use of tires, but not tire shredding so I was shut down, so I moved the shredder out, meanwhile continuing on my hearing with the City. In March of 1991, the Commission granted that the tire shredding could be done on the site. r Hoffmann said that you were granted approval by the Commission in March of 1991 and since that time you have not had the shredder on site? Contestabile said that it was there for around 90 days after that, and I took it off site. Hoffmann asked why he took the shredder off site having the approval by the Commission. Contestabile said that he was using it at another site, as he is a mobile tire shredder. Hoffmann said than in essence you are not using the shredder at this site, not because you are not given permission but because you have other uses for it. Contestabile said that is right, he is a mobile tire shredder, if there is a big pile, he goes to that pile and shreds, whether it is for the State or whoever it may be. Hoffmann said that Contestabile's occupational license says to shred tires, it doesn't say to have a shredder moved as you wish or to store tires. Contestabile said what the license says is Andrews Scrap Tire. Hoffmann said that he is reading what the license says and it says shredding. Contestabile said that the name of his business is Affordable Tire Co., D.B.A. Andrews Scrap Tire Hauling and that what the license was initially applied for. Hoffn~nn said that is not what you received. Lyzen said that the license says tire grading and shredding which you are not doing. Contestabile said that is what I'm doing. Lyzen said you are not shredding. Contestabile said I'm doing the grading and I'm not doing the initial shredding no; the machine has been in Chicago for repairs since January of this year and has not been returned to me yet, it is suppose to come back in three weeks. r Contestabile said the main concern is that I have tires on the property without the shredder, but the State Law states that I can have tires on that site without a tire shredder to do the operation I am doing. Hoffmann said I' Code Enforcement Board Minutes Septanber 21, 1993 r- Page 4 that the state Law may apply to uses in general but the particular decision that the City makes is something else again. Contestabile said that the state Law replies to Andrews Scrap Tire Hauling being a licensed waste tire collector. Hoffmann said that as far as your operation on the industrial site in Winter Springs, the City of Winter Springs has jurisdiction; so regardless of what the State of Florida may say you are privileged to do, the specifics of what you do are controlled by the City of Winter Springs. Contestabile said if the main concern is tire shredding what does it matter if the tires are being graded and put into a machine and disposed or if the tires are being graded and loaded into a truck and delivered to the landfill the same day they come in. Hoffmann asked how many tires are accumulated over a week's time. Contestabile said he picks up 5,000 tires a week at this present time, but it fluxuates each year. He said that he is doing what his license says, he is grading the tires and disposing the tires. Hoffmann said no, the license states tire grading and shredding. Contestabile said that he is doing tire grading; Hoffmann said half of it is not being done. r Contestabile said that initially when he applied for the license it was for the use of the facility for a grading processing facility and that is what he is using the facility for but the main thing is they did not want the tire shredding on site, so now I don't have the shredding on site and they don't want the tires on site. Hoffmann said that in 1991 you were approved for tire shredding and what you are doing now is saving the good tires for resale and hauling the others to the landfill. Contestabile said yes. Gray asked about the status of Contestabile's current occupational license. Contestabile said that his license is good until January. Contestabile also stated that he purchased a new compactor and it is on his property since last week and he should be getting his shredder back in three weeks. He also said that he is doing half of what his occupational license says and he is still properly disposing of the tires. Contestabile said that he has a letter from the Winter Springs Fire Department from September of last year stating that he is in compliance and they have no problem with the operation and that he also has a copy of the zoning letter. r Tolleson said that the issue is that the license states shredding and you are not shredding, we want you to come into compliance with your license to shred. Contestabile said so if I come here tomorrow morning, should I apply for Affordable Tire Service license to do tire work on that property. Tolleson said that we want you to come into compliance with the license you have. Contestab i 1 e sa i d under a regu 1 al~ serv i ce 1 i cense I wou 1 d come into compliance with that. Tolleson said if they issue it. Contestabile said Code Enforca-nent Board Minutes September 21, 1993 r Page 5 why wouldn't they issue it. Hoffmann said the decision on licensing is handled by the Building Department. Contestabile said I understand that the shredder is not on site, if the shredder must be on site, then I'll put the shredder on site. Contestabile said it might not be the best way to dispose of the tires by shredding them at this time because right now Orange County landfill is charging me $40.00 per ton. It cost per ton to bring the shreds to the landfill, I have to run my machine then haul, so right now it is cheaper to bring the tires to the landfill and have them shred them but it may be cheaper for me to shred them later on because if the charge from the landfill goes up. So I may still not be shredding when the machine gets back because at this time it is cheaper to have the landfill shred them. LeBlanc gave the Board a brief recap of this business from its start in 1990. He said that as of right now it has become a transfer and storage area. r There was much discussion on this case. There was also question on whether the Section of the Code that Contestabile was sited for is correct, that it maybe should be Sec. 10-31. LeBlanc read from the minutes from the Ccmnission meeting whel~e the Ccmnission granted Contestabile's appeal from the Board of Adjustment denial for the shredder. Gray moved that Mr. Contestabile is currently not meeting the intent of his occupational license and that the City consider issuing a new occupational license with different wording within 45 days or meet the current occupational license wording. Seconded by Lyzen. Vote: All aye. Schneider stated for the record that if the City intends to treat this line of nature of business that literally then the City needs to advise the applicants far more carefully on exactly how they write the form out, as it is only one line on the application. She stated that she believes that City has a responsibility to the people who are applying for occupational licenses to let them know that they could end up in front of the Code Enforcement Board. The Board was in agreement to this statement. r- .. ~ , " Code Enforcement Board Minutes September 21, 1993 r-' Page 6 CEB-93-332, Roland A. Calderone and Russel Calderone - 410 George Street, Section 20-431(1) Parking Violation of Commercial Vehicle: White gave the Board an up-date on this case. He also showed the Board a photograph of the tractor trailer cab. Tolleson stated that this case was first brought to the City's attention on February 28, 1993 and was corrected on March 28, 1993. There was a second violation recorded on June 23, 1993, which was corrected on June 25, 1993. A third occurrence was recorded on July 15, 1993, and the truck has been moved in and out since that time. Based on the history of a repeat violation we feel that there may be a likelihood of another violation in the future and would like to have a ruling in place in that event. Tolleson did state that right now the truck is out on the road, it has been gone for about 2 weeks. He said both Mrs. Calderones are present tonight as their husbands are both out on the road. Mrs. Roland Calderone and Mrs. Russel Calderone were sworn in for testimony. Hoffmann asked where exactly the property was located. White said that it is located in the right-of-way on George Street, which is between Sherry Avenue and Wade Street, the property is in a residential area. Tolleson ,~ stated that" it is a city owned right-of-way. Elizabeth Calderone spoke on behalf of her brother-in-law. She stated that the truck is only there for a 24 hour period and yes it was there for longer when her husband was on vacation. She asked if the truck couldn't be parked in that location where could they park the truck where it would not get stolen etc. Tolleson told her a couple of places in the City that they could possibly park the truck. Discussion. Schneider moved that Roland A. Calderone and Russel Calderone based on a number of incidences reported by the Code Officer, be found in violation of Section 20-431(1), Parking a commercial vehicle in a residential area. Second by Gray. Vote: All aye. Relief Order: Lyzen moved that in the case of CEB-93-332, of the City of Winter Springs, Roland A. Calderone and Russel Calderone having been found by this Board in violation of Section 20-431(1) of the Codes of the City of Winter Springs, that the next violation be a $50.00 fine per day until the violation is corrected and subsequent occurrences thereafter as detenmined by an officer of the City of Winter Springs. Seconded by Gray. Vote: All aye. Motion carried. The meeting adjourned at 9:05 P.M. Respectfully Submitted, ~ Margo Hopkins, Deputy City Clerk .r' ORDER OF THE CODE ENFORCEMENT BOARD - CITY OF WINTER SPR I NGS IN RE: VINCENT OONTESTABILE & ANDREWS SCRAP TIRE HAUL I NG 200 OLD SANFORD OV I EDO ROAD, WINTER SPR I NGS, FL The Code Enforcement Board of the City of Winter Springs, Florida, sat in Hear i ng on Septerrber 21, 1993, in the matter of Vincent Contestabi le and Andrews Scrap Tire Haul ing, to detennine whether he is in violation of Section 10-26 of the Code of Winter Springs, Florida. Upon hearing all evidence on the matter, the Board arrived at the following. "...... Vincent Contestabile is currently not meeting the intent of his occupational license and that the City consider issuing a new occupational license with different wording within 45 days or meet the current occupational license wording. Now, then, the Code Enforcement Board of the City of Winter Springs, Florida, instructs all enforcement procedures to be instituted to accarplish this Order. This ~ day of Septerrber, 1993. ~ ARTIUR ~FMANN. CH4 N CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS r' CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD ~. , WITNESS SUBPOENA COMPLAINT NUMBER CEB-93-289 CITY OF WINTER SPRINGS COUNTY. OF SEMINOLE . TO ALL AND SINGULAR THE POLICE OFFICER OF THE CITY OF WINTER SPRINGS, FLORIDA. GREETING: YOU ARE COMMANDED TO SUMMON NAME Don leBlanc Winter Springs City Hall ADDRESS If found within the corporate limits of the City of Winter Springs, Florida, to appear before the Code Enforcement Board of the City of Winter Springs, at the City Hall, 1126 E. St. Rd. 434, on the 21st day of September 1993 at 7:00 PM to testify and th~ truth to speak in the matter of: Andrews Scrap Tire ~ 200 Old Sanford Oviedo Road Winter Springs, FL 32708 which matter is an alleged violation of Section(s) 10-26 of the Code of the City of Winter Springs, Florida, and the alleged violator(SO (is) ~: Vincent A. Contestabile, trading as Andrews Scrap Tire Hauling and HEREIN FAIL NOT UNDER PENALTY OF THE LAW. WITNESS my hand and the seal of the Chairman of the Code Enforcement Board of the.City of Winte~ingS, Florida, this I~~ day of J:.. A.D., 19 ;JJ ~ ~ WSPD 128 2/88