HomeMy WebLinkAbout1994 09 20 Code Enforcement Board Regular Minutes
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CODE ENFORCEMENT BOARD
SEPTEMBER 20, 1994
The meeting was called to order by Chairman Schneider at 7:00 P.M.
BOARD MEMBERS:
Bob Gray, Present
Kenneth Haines, Absent
Anne Schneider, Chairman, Present
Lloyd Anderson, Present
Charles Holzman, Present
Lurene Lyzen, Present
Gene Prestera, Present
CITY OFFICIALS:
Capt. Glenn Tolleson, Code Officer
A1 White, Code Inspector
Approval of Minutes of July 19, 1994:
Lyzen moved to approve the minutes of July 19, 1994. Seconded by Prestera.
Vote: All aye. Motion carried.
Discussion of Closed and Pending Cases:
White mentioned to the Board that they are in the process of putting a new
computer system and program for Code Enforcement. He said that he could not
print out a case log as the Board normally gets because we don't have access
to that information nor has it been put into the computer as yet. We are
within a week or two to having it on line.
White stated that in August there were 299 V.C.O. 's, many written by Police
Officers on patrol for cases that he couldn't handle that were on nights and
week-ends. We wrote 6 citations during August for a total of $300.00, we
issued two fines totalling $3,850.00 which were based on relief orders for
unkempt yards. In July we had 238 cases, 10 citations totalling $600.00.
Discussion.
Schneider inquired regarding the Sturgess case
garage sales since the last meeting. White
information on that.
and if they had had any
said that he didn't have any
CEB-94-309 & CEB-94-310, William A. Morrisey and Jennifer Neeff and Lincoln
Service Crop., 1014 Fox Den Court, Sections 4-1 - 20.25, Barking Dogs and
Section 4-2, More than 2 Dogs:
Mr. & Mrs. Pata1a and their three children were sworn in for testimony.
Capt. Tolleson stated that this complaint first came to us on July 5, 1994,
and we have been back there several times, a written warning shows that we
go back to almost January for complaints to barking dogs at Fox Den Court.
On June 24, 1994, Ms. Pata1a wrote a statement saying that there were three
large dogs there at the address and are out and constantly barking and they
are still constantly barking. The Officers have been out there a total of
eight times and on January 31, 1994 a written warning was given and on
August 8, 1994 a written warning given that was signed for by William
Morrisey. The situation still hadn't been corrected when the August 8th
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Code Enforcement Board
September 20, 1994
Page 2
warning was issued. White has been out to the residence and hasn't been
able to verify if there were still three dogs, there were only two there at
the time. Tolleson stated that we are ask that a ruling be made in
reference to the barking dogs.
Schneider asked White if there are two or three dogs at the residence.
White said that he has been out there several times and not seen any dogs,
but I go during the day when there probably isn't anyone home and the dogs
are probably locked up somewhere and I didn't hear any barking when I
knocked on the door and rang the doorbell. Prestera mentioned that none of
the reports state that no dogs were found yet you have the complaints.
White stated that he went out there today and there were no dogs, also in
February and March and saw no dogs and no one home at the time.
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Schneider said that she has notice on the police reports that whenever a
police officer went it would be quiet and no barking but there also seemed
to have always been no one home. Tolleson explained that it happens a lot
but unfortunately the officers didn't put the time that they were out there.
Discussion. Tolleson did state that only one of the times that the officers
were out there that they talked to the homeowner. The Officer stated that
Mr. Morrisey was arriving home and all three dogs were in the house.
Discussion.
Robert Patala, 975 Turkey Hollow, spoke on the case. He stated that this
started about 8 or 9 months ago in January when this new person moved in at
1014 Fox Den. They apparently had 2 if not 3 dogs - a Basset Hound,
Dobenman Pincher, and some other large white colored dog. Initially it came
to our attention that the dogs were barking and at one point they dug a hole
under our fence and came into our yard. The dogs bark continuously, if I
walk outside my house and crack the door open, these dogs will start barking
and they continue for at least an hour to an hour and a half. It seems by
the time an officer arrives the occupants come home and the dogs do not
bark. I can't even walk in my back yard without these 2 or 3 dogs barking
constantly and at that point we call the Police and one time Officer Broxton
came out and heard the dogs barking.
Gray asked if the dogs bother the patala's during the night while they are
sleeping. Mr. Patala said one time the dogs woke them up at 5:30 - 6:00
a.m. on a Saturday morning; the dogs do keep my daughters up at 10:00, 11:00
p.m. and even mid-night sometime.
schneider asked if Mr. Patala if he had talked to them neighbor to neighbor
regarding the dogs. Mr. Patala said the when the dogs dug into his yard and
the dogs were destroying his fence, he did speak with Mr. Morrisey but
nothing was done.
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Gray said so your complaint now is two dogs that bark all the time. Mr.
Patala said they bark quite a bit, yes.
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Code Enforcement Board
September 20, 1994
Page 3
Barbara patala, 975 Turkey Hollow, spoke regarding this case. She stated
that she initially spoke with Mr. White on January 10, 1994, when she filed
the first complaint about the dogs barking. She stated that she is home all
day and the dogs bark sometimes for one to two hours. It stated in January
when they moved in and its continued. A couple of officers have been in my
back yard and saw the dogs. The dogs barking keep my children up at night
especially when we have our windows open 10:00, 10:30, 12:00 at night. The
dogs were out there today at 4:00 p.m. barking at the fence. This has been
going on a long time and we do like dogs but to have to listen to them for a
couple of hours barking and being home all the time it is a nuisance. Ms.
Patala stated that they have a gate that runs along Chokecherry and anyone
who jogs or walks by the dogs start barking.
Ms. Patala said there are two dogs now but it started out with three dogs.
Discussion.
Jenny patala, 975 Turkey Hollow, stated that the dogs bark all the time as
late as 12:30 p.m. and in the early morning.
,"'" Katherine patala, 975 Turkey Hollow, also stated that the dogs bark all the
time.
Discussion on this case.
Lyzen moved that in the case of CEB-94-309 & CEB-94-310, 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 at this meeting
the sworn testimony of the prosecuting officer and the witnesses regarding
this case, based on these proceedings I move that this Board find William A.
Morrisey and Jennifer Neeff and Lincoln Service Corp., in violation of
Section 4.1 - 20.25 of the Codes of Winter Springs and that an appropriate
relief order be issued at this meeting. Seconded by Gray. Vote: All aye.
Motion carried.
schneider moved that having found William A. Morrisey and Jennifer Neeff and
Lincoln Service Corp., in violation of Section 4.1 - 20.25, I move that Mr.
Morrisey and Ms. Neeff and Lincoln Service Crop., be fined $100.00 for each
future occurrence of barking dogs as witnessed by an officer of the City;
this relief order will be in effect immediately upon receipt of such order
to their residence. Seconded by Gray. Discussion. Vote: All aye. Motion
carried.
The meeting was adjourned at 8:46 p.m.
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Respectfully Submitted,
Margo Hopkins,
Deputy City Clerk