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HomeMy WebLinkAbout1994 01 27 Code Enforcement Board Special Minutes ,-.. CODE ENFORCEMENT BOARD MINUTES SPECIAL MEETING JANUARY 27, 1994 The meeting was called to order at 7:00 P.M. by Chairman Schneider. BOARD MEMBERS: Bob Gray, Present Anne Schneider, Chairman, Present Lloyd Anderson, Present Jim McShea, Absent Lurene Lyzen, Present Ken Haines, Present Gene Prestera, Present (arrived late) CITY OFFICIALS: Lt. Glenn Tolleson, Code Officer Al White, Code Inspector Case CEB-94-014 White stated that several people attended the last meeting to voice their complaints, and call for an emergency meeting to here the complaints. There were six (6) accusations made. At this time, he turned the meeting over to Tolleson, the prosecutor in the case. Tolleson stated that the case was received on January 17, 1994, I"""" which consisted of a 1 et ter and petition. This 1 et ter was in reference to dogs running loose, destruction of another animal, and breeding of the dogs for resale. On the 19th of January, a notice was hand delivered to the violators. Tolleson said that with regard to breeding dogs, they were in violation of the Zoning Code. Under the Zoning Code, breeding dogs is considered a "Kennel", and is authorized only in a C-2 or RU zone. Tolleson requested that in the Boards ruling, they be fined in at least six (6) of the violations. Lyzen asked for conformation of the fact that two (2) dogs left, and two (2) more came into the household. Adelle Kelsey - 106 N. Alderwood, Winter Springs, FL; Kelsey stated she is the owner of the house, and said that Mary Langdon has eliminated two of the dogs. Kelsey said that according to Florida State Law, if there is no more than one (1) litter of dogs, it is not considered a business. Schneider commented that according to the City of Winter Springs, we follow the Seminole County Statues with regard to animals. r Toll eson stated that the City of Winter Springs can, at discretion, make the law more strinqent: therefore, only two dogs are allowed in a residence. Anything more than that considered a "Kennel", and in violation. its (2 ) is Kelsey stated that there was only one (1) dog left because one was r" Code Enforcement Board Minutes Special Meeting January 27, 1994 Page 2 "put down", and the other dog was sold. After further discussion regarding the dogs, there was a question as to when the first complaint was filed. White said that there was a warning issued to that address on December 13, 1993; which was not part of this case, and another warning issued on January 10, 1994, which is included with this case. Both the owner, and the tenant were notified of the code violation on December 13, 1993. Kelsey contended that she received a complaint only on January 10, 1994, and knew nothing of a complaint filed on December 13, 1993. Mary Langdon - 402 Boxwood Circle, Winter Springs, FL. Langdon stated that she has two (2) dogs in the house at present; one of which is a Rottweiler, and the other, a Lhapsa Apso. She is currently trying to find a new home for the Rottweiler. Langdon said that she has taken over total control of the dogs, since her son accidentally let the dog loose. I"'" Gray asked Langdon if she breeds these dogs. Langdon said that the dogs are just pets, and not for breeding. There was discussion has to the proper shots and vaccine that was given the dogs; also any licensing. Langdon was instructed to take the proper steps to get the animals registered, licensed, etc., in order to be in compliance. Tom Tobin - 106 Murphy Road, Winter Springs, FL. Tobin stated that he was the owner of the cat that got killed by three dogs. Tobin felt that the owner of the dogs is irresponsible and incapable of controling the dogs. He wanted the Board to forbid her to have any large, vicious dogs. Doug Nassar - 436 Boxwood Ci rc Ie, Winter Springs, FL. Nassar stated that he works at night, and must sleep during the day. He went on to say, that one day the barking from the dogs went on for three (3) hours. He will not allow his children in their own back yard because of the danger of the dogs getting into their yard. There was a brief discussion concerning fencing. ,I"'" Herb Langdon - 402 Boxwood Circle, Winter Springs, FL. Mr. Langdon briefly discussed the barking of his dogs, and the reinforcing of his fence. Langdon stated that after the Rottweiler is gone, he and his wife will only have the one small dog. No more! ~. Code Enforcement Board Minutes Special Meeting January 27, 1994 Page 3 There was a brief discussion concerning the steps that would have to be followed before any relief order could be issued in the event there would be problems in the future. Carol Morrison - 400 Boxwood Circle, Winter Springs, FL. Morrison said that the Rottweiler had jumped on her fence, and rocked it. She spoke of all the barking, and the foul odor coming from dogs. Pam Randolph - 412 Boxwood Circle, Winter Springs, FL. Randolph stated that she, and her husband were witnesses to the dogs killing the cat. Donna Williams - 315 Birch Terrace, Winter Springs, FL. Williams stated that two days before Christmas, the dogs were loose, and chased them into the house. The dogs followed them into the garage, and at that time, Williams called the Winter Springs Police to pick up the animals. ~ Lisa Nettle - 404 Boxwood Circle, Winter Springs, FL. Nettle said that she has lived here two years. She stated that she is five months pregnant, and she doesn't go into her back yard because the fence is not sturdy enough to feel safe from the dogs. Nettle's stated that the dogs are always barking. There was discussion concerning what codes the Langdons were in violation of, and what could, or should be done for future occurrences. Schneider agreed with Gray, that they were no longer in violation of Section 4-2, (more than 2 dogs); therefore, she asked for a motion concerning the five (5) violations still standing. Gray made a motion that the City of Winter Springs, Code Enforcement Board; in the case of CEB-94-014, A through F, find Mary Langdon in violation of Section 4-1, 20.23, 20.25, 20.26, 20.27, and 20.50, and Section 4-2, more than two (2) dogs. The City of Winters have an appropriate "relief order" issued at this meeting. ~.LYZen seconded the motion. Vote:' Five (5) aye's, and one (1) No. Schneider made a motion for a "reI ief order"; I move that Mary Langdon be fined $100.00 for any reoccurrence of the said Ci ty Ordinances in the future as witnessed by the officer of the city, and this order would go into effect, one week from tonight. r" Schneider stated that it would be $100.00 for each violation of any the six (6) Ordinances. 1- r r Code Enforcement Board Minutes Special Meeting January 27, 1994 Page 4 Lyzen seconded the motion. After a brief discussion as to the amount of the fine being $250.00 for each reoccurrence instead of $100.00 Schneider stated she wanted to amend her motion to add James and Adelle Kelsey, and the Metmor Mortgage Company. Lyzen seconded the amended motion. Vote: Five (5) aye's, and one (1) No. The meeting was adjourned at 8:00 P.M. Respectfully Submitted, Margo Hopkins Deputy City Clerk