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HomeMy WebLinkAbout1994 07 19 Code Enforcement Board Regular Minutes r- CODE ENFORCEMENT BOARD JULY 19, 1994 The meeting was called to order at 7:15 p.m. by Chairman Schneider. Board Members: Bob Gray, Present Kenneth Haines, Present Anne Schneider, Chairman, Present Lloyd Anderson, Present Charles Holzman, Present Lurene Lyzen, Present Gene Prestera, Present City Officials: Lt. Glenn Tolleson, Code Officer Al White Code Inspector Approval of Minutes of May 17. 1994: Lyzen moved to approve the minutes of May 17, 1994. Seconded by Gray. Vote: All aye. Motion carried. Schneider introduced the new member of the Board Chuck Holzman. Holzman said that he retired 2 1/2 years ago as the Fire Chief of the City of Winter Springs, and he had written a letter to the Commission regarding Codes and ~ Codes not being enforced, and with that Commissioner Ferring appointed me to this Board. Discussion of Closed and Pending Cases: White stated that there is a relief order on a accumulating fines because the property is not also a relief order on a house on Devon that fines since June. There are some other locations. house on Lombardy which is being maintained. There is also has been accumulating fines being levied at other Witnesses were sworn in for testimony regarding this case. CEB-94-182, Adorante, John and Singh Balwinder and GE Capital Mortgage, 1006 Gator Lane, Sections: 20-433, 13-26, 10-26 and 13-2(b). Disabled motor vehicles. loud noises. junk in yard and no occupational license: White gave the Board a summary on this case. ~ Tolleson stated that this complaint was first brought to our attention on April 25, 1994, that the residents were repairing cars and noise fram the vehicles being repaired; the complaint also stated that the cars were driving up and down the roadway. We received several calls through May and June about several cars being parked at that address without tags and being worked on and still a considerable amount of noise. As of today the residence was checked by White and was in compliance as there was no work going on. However, we would like the Board to find that the violation did exist and continues to exist and issue an appropriate relief order. Tolleson passed out pictures of the residence for the Board to review. \ \ j r' Code Enforcement Board Ju 1 y 19, 1 994 Page 2 Gray asked about the loud noises and personally not heard any loud noises and neighbors present that have witnessed this. junk. seen White stated that he has any junk, but there are Schneider said there isn't anYWhere in the notes given to the Board which states vehicles with no current tags. Tolleson said that was from the 19th when it was phoned in that there was several out there without current registration and tags; White does not work on Sunday's and therefore I was unable to verify. Discussion. r' Holzman said with looking at the photos, where does the deed restrictions in Tuscawilla enter into this, aren't there deed restrictions that prohibit this. Discussion. Tolleson said off street parking in Chapter 9, you are only authorized two parking places per home in the Tuscawilla PUD, and you cannot park within 35 feet of the front setback; which means if it is not in the driveway you can't park a vehicle. Haines asked if there was a occupational license and it was a legal business would it then be legal for the homeowner to do business in their yard. Tolleson stated no. Harvey Wilkenson, 1004 Gator Lane, said that when the residents first moved in he was told by a neighbor that it would take them a few weeks to get settled and find a place for their business. Wilkenson stated that he waited and in those few weeks there were as many as 8 vehicles being worked on at the same time, regarding the noise - at one time there was a man there working on the car and was banging on the car and this went on for 15-20 minutes and I can testify to the fact that on two other occasions when they would rev-up the engine for about 20 minutes and that is why I mentioned the noise. One occasion, after the two weeks from them moving in, my wife went over and spoke to a man working on a car there and asked what he was doing and asked who lived there; at that point the man said he would go and get the person who lived there; after a while the same man came back out and said that the person who lived there was not available right now. Wilkenson said that he had taken down the license tags of three cars and went to the tag office to see who they were registered to and found out that they were not registered to anyone who resides in the home. ~ Wilkenson then stated that there has to be a limit to what you have to put up with and I think we have been more than reasonable. He then stated that he has had neighbors call him up and ask what was going on at his end of the street. He also said that today there are three tires sitting in front of the garage door, a bid huge table with all kinds of things on it and under it. Discussion. I ' ",......, r r Code Enforcement Board July 19, 1994 Page 3 Sam Etze, 1110 Gator Lane, stated the noise is just one thing, we are zoned a residential area we are not zoned a commercial area, I think that the people are entitled to have a business but they should have it in a commercial area not in a residential area. It is my understanding that when Tuscawi11a was accepted as a PUD into this City that they agreed to enforce the deed restrictions, so maybe the deed restrictions are enforceable and can't be ignored. Discussion. Mrs. Martha Anorante, 1006 Gator Lane, stated that the lease is in her name and does not own the house, there is no place of business there, we know that is in violation, we don't have a car, auto repair or a detailing business. We have a license for ceramic tile and screening in Orange and Seminole Counties; we have many friends our age that cane over with cars, and we have 4 adults that live in the house - we have 2 adult children; they are both college age students and the only time there has ever been any repairs done on that property is changing oil or a starter on a car. Yes, there are ramps that you drive up so you can get under to change the oil. Detailing has been washing a car inside and out, waxing it, there has been no painting done there. Noise level, I know it is an older community, they just seem to complain - it's a dead-end street, there are younger people that live and drive cars up and down the street; we are not the only ones that drive vehicles. There has never been any old parts, I don't know what appearance they are talking about as far as a used car lot; UPS has delivered Spegal orders, I don't think you can get any car parts from Spegal. There has never been a car there that has not been run or moved within a day, I don't know the 48 hour, I know it is a residential area and I don't know what the deed restrictions are, nobody ever gave them to me and nobody ever brought them to my attention. Neighbors have ever cane over and introduced themselves and that they had a problem with anything. We have sold a few cars that we needed to sell to close on another house that we purchased, there is no Honda Accord for sale in the driveway presently or has there been for quite sane time. There was a complaint once before we moved in about the lawn, our lawn mover is in the shop at this time. I don't think there is anything else I can address. Haines said that Adorante has stated that they are not operating a business and that you have never done anything up an oil change or a starter. How can or can you explain to me the fact that there has been at least 4 or 5 complaints registered against your property of people working on cars. I don't understand that there has been that many complaints at your home from working on cars; and I am looking at pictures that show six or more cars on your property at any given time. How many cars does your family drive- Adorante stated there are 4 adults, and we have friends that cane over. Discussion on the number of cars in the driveway. Gray asked Adorante if they work on friends cars in their driveway. ,I"""'" r r Code Enforcement Board Ju 1 y 1 9, 1884 Page 4 Adorante stated yes if a friend needs same help. Gray also asked if they every buy cars and fix them up and then sell them. Adorante said that we have bought cars and not kept them because of it now being a good vehicle. Discussion on the violation. Lyzen read the Sections of the Code that are in violation against the residence of 1006 Gator Lane. Adorante said that she leased the property and that her lease is up and she and her family are moving and the owner of the property lives in Canada. Haines asked the Code Inspector if the Adorante's were notified that they were in violation of the City Code. White stated yes, the four violations one being disabled vehicles, which he inspected; one occasion White said he spoke with Mr. Adorante while he was working on a car; and the fact is there was a disabled vehicle there and with going back to inspect he did not see any disabled vehicle on the property; but if that were to occur again then this Board could find that a violation, if that occurred again. Then of course there was the noise, we've sent many people out there at different hours looking for the noise and I went by and couldn't find any noise, apparently it would happen and the people in the neighborhood would hear it and if we heard it we could write it, but none of our Officers heard it and there was nothing we could do about it, but the complaints were still there so we had to deal with them. Then the acquisition was there were advertisements in the paper that you would need a occupational license to perform sales. The other violation is the auto parts in the yard, I mentioned that to Mr. Adorante regarding the camper caps and the auto parts because there some parts there so they were all put aside, as of today there were two tires in the driveway but there were four vehicles with current tags so I did not consider the tires since they weren't there the other day as a violation. That is how those four violations came into effect. Schneider asked if any cars are worked on after 10:00 p.m. Adorante stated no. Discussion on this case. Schneider summarized the violations: Section 20-433 - Disabled vehicles; Section 13-26 - noise; Section 10-26 - occupational license; and Section 13- 2(b) - Littering. Gray moved that based on a continuing violation that John Adorante, Singh Ba1winder and GE Capital Mortgage be found in violation of sections 20-433, 13-26, 10-26 and 13-2(b) of the Code of the City of winter Springs. Seconded by Lyzen. Discussion. Vote: Haines: aye; Schneider: nay; Anderson: aye; Holzman: aye; Lyzen: aye; Prestera: nay; Gray: aye. Motion carried. RELIEF ORDER - Gray said that based on Ms. Adorante's presence here tonight he move that John Adorante, Singh Ba1winder and GE Capital Mortgage ,...... Code Enforcement Board Ju 1 y 19, 1994 Page 5 effective immediately to came into compliance with Sections 20-433, 13-26, 10-26 and 13-2(b) of the Code of the City of Winter Springs and if not coming into compliance be fined $50.00 per violation, per day thereafter until coming into compliance. Seconded by Haines. Discussion. Vote: Gray: aye; Haines: aye; Schneider: nay; Anderson: aye; Holzman: aye; Lyzen: aye; Prestera: nay. Motion carried. CEB-94-252, Stanley Sturgess and Cindy Rilea and Carteret Savings Bank, 1018 Antelope Trail. Section 10-137 - No garage sale permit: Witnesses were sworn in for testimony by Chairman Schneider. Tolleson stated that Officer Broxton and Sgt. Fred Gold are present to give testimony. ~ Tolleson said that on June 2, 1994, we received a copy of a garage sale permit for 1018 Antelope Trail which was the third in this calendar year for that residence and by the ordinance you are only allowed two per calendar year. On that particular day we saw that it was a third one, we had Officer D. Herman go to the residence and get the permit back. On the 3rd of June, Officer Broxton went by the residence and saw the garage sale was in progress again, he at that time issued a warning for having a garage sale without a permit and shut it down. On June 4th, the following day, Sgt. Gold went by the same residence and the garage sale was again in progress; Sgt. Gold asked for the garage sale permit and was given a photo copy of the permit that was taken away the day before and had informed the residents they couldn't have. Sgt. Gold was unaware that the pervious day the permit was pulled and went by the copy that was shown to him. Based on other facts and testimony of the Officer Broxton and Sgt. Gold, we find that there was a violation there and for the Board to issue an appropriate relief in this case. Gray asked why the third permit was issued if you are only allowed two per calendar year. Tolleson said the permits are issued by the Building Department and a copy is sent to the Police Department; the Building Department has no way of tracking them, but when we (PD) received it we noticed that it was the third. We have had several complaints on this particular address for garage sales as it is noticed in the newspaper almost every weekend. It has been an on-going problem at that address. ~ Gray asked if people are told when they get a garage sale permit that they are only permitted two per year. White stated yes, the people are told. Gray said then they knowingly got a third permit even though the City didn't do their responsibility. The answer was yes. Discussion. Officer T. Broxton, Police Officer with the City of Winter Springs, stated that on or about the day he issued the written warning to Mr. Sturgess he I""""' Code Enforcement Board July 19, 1994 Page 6 received a call on his radio to respond to 1018 Antelope Trail in reference to a garage sale without a penmit. Mr. sturgess showed me a photo copy of the penmit that Officer Herman had taken away fram them the pervious day, and at that point I called White to ascertain more about what was going on at the house. White told me (Broxton) that they had already had two for the year and that I should issue a written warning; based on White's infonmation, I issued a written warning for having a garage sale without a penmit. Discussion. f' schneider asked Broxton if a photo copy of the penmit was penmissable. Broxton stated that sturgess told him that Officer Henman had taken the original penmit the day before but that he had had a permit and showed me the copy. Schneider then asked if Sturgess was told he would have to discontinue his garage sale because he didn't have a penmit. Broxton stated that he did tell him. Grayasked if Strugess objected to this. Broxton said no, he (Sturgess) understood why I had to give him the warning. Discussion. Sgt. Fred Gold, Police Officer with the City of Winter Springs, stated that the next day is when I went out there, I was called out there regarding a parking problem; when I got there there was a garage sale going on at Sturgess' home and also one going on at 1016 Antelope Trail. I asked Sturgess for a permit, I went with him into his home and he said he couldn't find it but did say that his neighbor had a copy of it (they had a copy of each others), I was shown a photo copy of a penmit and I had no way of verifying because City Hall was closed. There was a short report made on it listing the name that was on the penmit and then I turned the report in. Discussion. Stanley Sturgess, 1018 Antelope Trail, spoke on his own behalf. He stated that he has a photo copy machine at his home and therefore he made a copy of the penmit. According to our records this is the second garage sale we have had in 1994, everything the Officers have said is correct and true with one exception - on the warning ticket it says to be corrected by tomorrow, this was issued on Friday - Tolleson stated that it doesn't say tomorrow it says immediately. Sturgess said that he would like to see two permits issued in our name for 1994, where is the third one. Lyzen stated that section 10-137 states that garage sales may be held two times in any twelve months period, so it doesn't mean 1994. Sturgess said he thought it was a calendar year and asked when does the twelve month period begin. Lyzen explained that it ~ is a year fram the date of your first garage sale. Sturgess said that was his error then, he thought it was a calendar year. Lyzen stated in the case of CEB-94-252, of the City of Winter Springs, the Code Enforcement Board has read the complaint filed and the written infonmation presented by the Code Officer and heard at this meeting the sworn statement of the Prosecuting Officer and witnesses regarding this /"""' Code Enforcement Board Ju 1 y 19, 1994 Page 7 case, based on these proceeding I move that this Board find Stanley Sturgess and Cindy Rilea and Carteret Savings Bank in violation of Section 10-137 of the Codes of the City of Winter Springs and that an appropriate relief order be issued at this meeting. Seconded by Anderson. Discussion. Vote: Gray: nay; Haines: nay; Anderson: nay; Lyzen: aye; Prestera: aye; Schneider: nay; Holzman: nay. Gray moved to dismiss this case. Motion carried. Discussion. Seconded by Haines. Vote: A 11 aye. CEB-94-253, Appliance Recyclers, 370 S.R. 434 East, Section 9-349 - Site Plan Violation: White gave the Board a packet regarding this case. r" Witnesses were sworn in for testimony by Chainman Schneider. Tolleson stated that they received this case on June 6, 1994, White went to inspect and found 25 washing machines stacked in the rear of the driveway. White spoke with Mr. Karam of the Tender Loving Care Laundry, and also to Mr. Kerns from Appliance Recyclers. Again on June 7, 1994, there were still 6 washing machines in the rear driveway. Tolleson stated that he received a letter from Mr. Karam on July 6, 1994, stating there were still appliances being stored in the back. The Ordinance states by storing the washing machines and working on them, as it is a second hand dealer, which opens up to a junk yard, which is not authorized to be in that zoning. A junk yard by definition is an open area where waste, used or second hand materials are bought, sold or exchanged, stored, bailed, packed, disassembled, including but not limited to scrap iron and other materials, paper, rubber tires and bottles. Also by State Statute 82307, ice boxes, refrigerators, deep freeze lockers, clothes washers, clothes dryers, or air tight units, it is unlawful for any junk yard dealer or second hand furniture dealer with unenclosed premisses used for displaced second hand ice boxes, refrigerators, deep freeze lockers, clothes washers, clothes dryers or similar air tight units to be stored outside without them being in-fenced. This is not a fenced in area, it is merely a loading area to be loaded or unloaded to be taken into the business and monitored at all times as not to have children crawl into them, and not having them waiting 5 or 6 hours to be moved to somewhere else, and therefore we ask that you ~. find them to be in violation and issue an appropriate relief order. Tolleson showed the Board pictures of the back driveway taken July 6, 1994. Haines asked unsanitary. if this case could fall under Section 13-2 which is unsafe and Tolleson say yes it could. I"'" , I"'" r Code Enforcement Board Ju 1 y 19, 1994 Page 8 Holzman asked what the total time the machines were out there. Tolleson said on some occasions Mr. Karam stated they were left over night. Discussion regarding the machines being left in the rear driveway. Mr. Tony Karam, owner of Tender Loving Care Coin Laundry, stated that there has been 20-30 machines left out over night and sometime on the weekend. He also said that it has been getting worse and worse over the 2 years that business has been at the location. He said that the washing machines are taking up parking space behind his business where his (Karam) customers cannot park there, blocking traffic in both the front and back of the building. Karam stated that this junk is ruining his business and is a safety hazard to the public. Discussion. Richard Goff, owner Appliance Recyclers, this is not a junk yard, we sell used appliances, washers, dryers, refrigerators, dishwashers and ranges. When we first moved in we did leave some machines outside, and over night, we were experiencing some growing pains and it did get out of hand; I did rent another store in the same center to store the machines. I was charged partial rent since I was not running a business out of it, after several months they (landlord) wanted to put the store back up for rent. I then rented a storage across the street, in the mean time we do sell large appliances, and we are constantly moving them in and out, we sell approximately 150 machines a month and in order to sell that many machines a month, I am probably bringing 300-350 machines in and out of there in a months time. I do need a loading zone, we do have machines sitting outside from time to time in the back, during the day, at no time is a machine left out over night; this has been since last year, no time is a machine left out over night, since we are an appliance store people do sometimes drop off a machine in the middle of the night and leave it back there. Goff stated that the picture the Board has that was taken in June was when we had taken everything out of the store when we built shelves in the store which took two or three days to do it and each night we put everything back in the store. Generally we have from 4-8 machines a day out there, they are constantly coming in and being dropped off, we bring them inside when we can. I have a junk metal man that comes twice a day to pick up so that we don't have anything left outside. Schneider asked why are the machines left outside at all, why is the back area being used as excess storage space overflow. Goff stated that the way the store is arranged, at our back door is a work area and we are working on machines constantly back there. Discussion. Discussion on this case. Goff stated that he has 1 1/2 years left on his lease and if he moves out he could get sued by the landlord and the only thing that he can suggest doing is to keep a closer eye on it, I can't c ~ . .. r Code Enforcement Board Ju 1 y 19, 1994 Page 9 promise there won't be a machine out there, I'm in that business and that's how it's going to be, I'm going to need an hour or two sometimes. Holzman stated that it might be worth while to post a sign telling people not to leave the machines there. Haines said in the case of CEB-94-253, the Code Enforcement Board has read the complaint filed, the written information presented by the Code Enforcement Officer and heard at this meeting the sworn testimony of the Prosecuting Officer and witnesses regarding this case; based on these proceedings he moves that this Board find Appliance Recyclers in violation of Section 9-349 of the Codes of the City of Winter Springs and that an appropriate relief order be issued at this time. Seconded by Gray. Discussion. Vote: All aye. Motion carried. r Relief Order: Lyzen stated in the case of CEB-94-253 of the City of Winter Springs, Appliance Recyclers, having been found by this Board to be in violation of Section 9-349 of the Codes of this City I move therefore that Appliance Recyclers be given one day to correct this violation; and if not corrected by that time as determined by an Officer of the City of Winter Springs shall be assessed a fine in the amount $50.00 per day until such violation is found to be corrected by observation of a City Officer; also repeat occurrences of the same violation as determined by a City Officer to cause an immediate fine $200.00 to be assessed for each day of continuing violation until the violation is similarly found to be corrected. Seconded by Prestera. Discussion. Vote: All aye. Motion carried. The meeting was adjourned at 9:35 p.m. Respectfully Submitted, Margo Hopkins, Deputy City Clerk r