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HomeMy WebLinkAbout1994 11 15 Code Enforcement Board Regular Minutes CODE ENFORCEMENT BOARD MEETING MINUTES NOVEMBER 15, 1994 The meeting was called to order by Lurene Lyzen at 7:00 P.M. BOARD MEMBERS: Bob Gray, Absent Kenneth Haines, Absent Anne Schneider, Chairperson, Absent Lloyd Anderson, Present Charles Holzman, Present Lurene Lyzen, Present Gene Prestera, Present CITY OFFICIALS Capt. Glenn Tolleson, Code Officer Al White, Code Inspector 1. Approval of Minutes of September 20. 1994: Lurene Lyzen asked if there was any questions, additions, or corrections to the September 20, 1994 meeting minutes. Mr. Holzman moved to approve the minutes. Seconded by Gene Prestera. Vote: All aye; motion carried. 2. Discussion of Closed and pendinq Cases: Mr. Whi te expl ained there was onl y one case pending, which was located on Devon, with a total in FINES of $17,800.00 for unmowed grass. Mr. Prest era asked Mr. White if case number CEB-94-454, Timothy R. and Marcia M. Boehm of 1569 Warrington Street, Winter Springs has been corrected. Mr. White stated it was corrected the last time he had inspected it, and he had gone by the address today, but could not tell. Mr. White said the peopl e invol ved are present this evening. Lurene Lyzen questioned a "No Sol ici ting" permi t, case number 94015960 listed on page 5 of the City Ordinance Violations. Mr. White explained that the people who reside at 859 N. Gerico Drive complained that solicitors were bothering them. Lurene Lyzen questioned case number CEB-94-461, 107 North Alderwood, (renting by room), listed on page 9 of the City Ordinance Violations. Mr. White explained there were complaints that the owner was renting rooms. He explained, "under the City Code, as long as you have five (5) or less unrelated people living in a home, whether renting or not, no violation exists." - Code Enforcement Board Meeting Minutes November 15, 1994 Page 2 Lurene Lyzen questioned case number 94016642, Cory Lane, (Disabled vehicle/no tags), listed on page 10 of the City Ordinance Violations. Mrs. Lyzen asked if this case was to come before the Code Enforcement Board. Mr. White said the case is presently in the Circuit Court with a citation on it. We will obtain it when the citation is either passed on by the court, or becomes a more serious problem. Gene Prest era questioned the cases on the City Ordinance Violations list which indicate no action has been taken. Captain Tolleson explained they were pending cases. He said some of them were by street officers who haven't turned in their information as yet, and for other various reasons. 3. Case Number CEB-94-454 - Timothy R. and Marcia M. Boehm, 1569 Warrington street, Winter Springs, Florida 32708. Chapter 13- 34 (Noise Nuisance). ,,- Mr. and Mrs. Boehm were sworn in for testimony. Al White stated the case had been ongoing for a while, and only recently reached a point where sufficient information was gathered, enabl ing us to bring it before the Board. Mr. Whi te said a neighbor had fi I ed a compl aint against Mr. and Mrs. Boehm for having a pair of cooing doves on their back porch which were very annoying. Mr. White said the complainants were out of town, and unable to attend the meeting. Mr. Timothy R. Boehm - 1569 Warrington street, Winter Springs, Florida introduced his wife Marcia. Mr. Boehm said they moved into their residency on the first of July of 1994. Approximately two weeks after they moved in, the Kaysers came to their house, and said their birds were keeping them awake, would they please do something about it. Mr. Boehm said at the time, the birds were located on the back porch all day, and their attempt to remedy the situation was to put a blanket over the bird cage to muffle the sound. Mr. Boehm said their lot is about eighty (80) feet wide, and the birds are kept on the porch closer to the neighbor on the other side. Code Enforcement Board Meeting Minutes November 15, 1994 Page 3 Mr. Boehm explained their fourteen year old daughter was swimming in the pool, when the Kaysers yelled out to them to put the birds in the house. Mr. Boehm said they complied. Mr. Boehm said three or four days later, the Kaysers returned to their home, and said whatever they were doing to keep the birds quiet was not working. The Kaysers asked again for the Boehm's to do something. Mr. Boehm said there was more of a demand at that time from the Kaysers. Mr. Boehm explained he and his wife started keeping the birds in the house between 10 P.M., and 10 A.M.; this was during the summer hours. Presently, the birds are in between 10 P.M., and 8 A.M. He expl ained because they are morning doves, they coo in the morning, and this is when they are still in the house; after that, they coo very little. - Mr. Boehm said because of a complaint to the homeowners association about our bi rds, the homeowners association investigated, and dismissed the case. He also stated they were reported to Seminole County Animal Control who also investigated the situation, and dismissed the matter. Mr. Boehm explained during this whole ordeal, the Kaysers put (4) flood lights on the side of their house, causing the light to shine into the Boehm's bedroom. Mr. Boehm explained that a day or two before they were notified to appear before the Board, the shining of the flood lights ceased. The Kaysers placed a riding lawn mower at the corner of their yard on Labor Day, and let it run unattended until it ran out of gas. At that point, they refilled the mower, restarted it, and continued to let it run; this continued all day. The Kaysers also place a radio in their window every weekend, and let it blare. Mr. Boehm explained these noises result in substantially more noise than a pair of morning doves could cause, and they (the Boehms) have not complained about any of these instances. Mr. Boehm presented a letter from their neighbors on the other side which read..." I live at 1567 Warrington Street, next door to Marcia and Tim Boehm. Within the first month they moved in, Marcia asked me if their dove's cooing bothered my family. I said no, but my house was closed up with the air-conditioning running, making it hard to hear outside noises. Code Enforcement Board Meeting Minutes November 15, 1994 Page 4 I periodically opened the window that faced the Boehm's screened in patio and pool area and listened for the doves, but never heard anything. Now that the weather has cooled, and the windows are open more often, I do hear what I think is a dove now and then, along with all the other outside noises. I wouldn't have known the Boehm's had doves unless they told me." The Boehm's were also told by the Kaysers that they were bringing wi ldlife back into the area by having doves, and that is an annoyance also. Mr. Boehm said that in the homeowners associations response and dismissal of the case, stated in their findings. .."the Boehm's had attempted to negotiate, and tried to work things out. The Boehm's bring the birds in the house, but would like the birds to be out sometimes. The Kaysers have refused any negotiating." Mr. Boehm said considering they have just moved into the area, they did not feel they wanted to capitulate on this issue. They feel this is a matter of harassment. He explained what had ensued after they failed to bring the birds in on two separate occasions. On the first day, Mrs. Kayser rang the Boehm's doorbell at 6:30 A.M. on a weekend, and yelled at the Boehm's, stating they have a problem, and they better do something about it. The second time it happened, Mr. Boehm received a phone call at 6:00 A.M., and was told by the Kaysers that they were going to call every morning. At that time, Mr. Boehm told the Kaysers if they do, he would have a restraining order put on her as well as file suit for harassment. Mr. Boehm explained in each case where there was a problem, they corrected it. Lurene Lyzen asked Mr. Boehm if the doves were caged, and if he is currently putting the doves in the house at night. Mr. Boehm answered, yes, they are currently bringing the doves in at night. Mrs. Lyzen asked Mr. Boehm if there were any complaints from any of the other neighbors. Mr. Boehm answered, no. He said there were neighbors across the street; behind them on Winter Springs Boulevard, and on the other side of them. Code Enforcement Board Meeting Minutes November 15, 1994 Page 5 Mrs. Lyzen asked, . . . "then we onl y have the one person compl aining?" Mr. Boehm answered, yes. Mr. Holzman asked Al White if he has heard any cooing or cries from the doves. Mr. White answered, no, the one time that he was able to visit the Boehm's house, they were not at home. He explained he saw nothing on this visi t, but had seen a parakeet previous I y, which made a "tweet" sound. Mr. White said he did not heard any loud noises, but was only there for a short time. Mr. Prestera said the homeowners association wrote the Boehm's a letter and discarded the complaint; Mr. Prestera asked Mr. Boehm what the homeowners association did as far as an investigation. Mr. Boehm explained they visited our home and listened for the birds. One of the actions the homeowners association took, was to call "Animal Control", and have a thi rd party assess the si tuation. "- Mr. Boehm said Animal Control did come out to the house, and did hear the cooing of the birds. Animal Control also dismissed the case saying they have never had complaints over doves. Mrs. Boehm explained that Animal control thought they were answering a complaint about a "parrot", and asked to see the parrot. When Mrs. Boehm informed them that they do not have a parrot, but two doves, and what they were doing to keep the doves quiet, Animal Control told them to just continue doing what they have been doing. Mr. Boehm said the homeowners association came to thei r home unannounced, or wi thout warning. He exp I ained this is not a complaint, but to let the Board know this was done without their knowledge, or warning so there was no way they could have stopped the birds from reacting one way or another. It was a complete surprise when the homeowners association showed up at the house. Mr. Anderson asked Mr. Boehm if he was told of any ordinance or law by the Kaysers? Mr. Boehm said Animal Control informed them of an ordinance, and received a copy of the code when they carne to the house for the investigation. Animal control also said they were not in violation of the code. Mr. Boehm explained that in the homeowners association covenants it states..., "if you have unreasonable noise from your pet, that is a viol ation." The homeowners association determined that the noise from the birds were not unreasonable. Code Enforcement Board Meeting Minutes November 15, 1994 Page 6 Mr. Anderson asked if any reference was made to Winter Springs Code? Mr. Boehm explained this is the first instance that we have had relative to the Winter Springs law. Mr. Hol zman asked if the Kaysers were invi ted to at tend this meeting? Captain Tolleson said, yes, but they had to attend an anniversary in... . (remaining response inaudible). Mrs. Lyzen asked the Board for a motion of, "Finding of Fact". Mr. Holzman stated he wasn't sure they had enough to go on. Captain Tolleson explained to the Board they have to have "Finding of Fact". Mrs. Lyzen said they would. - Mrs. Lyzen stated,. .."in the case of Code Enforcement Board number CEB 94-454 of the Ci ty of Winter Springs, the Code Enforcement Board has read a compl aint fi I ed, and the wri t ten information presented by the Code Officer. Heard at this meeting, a sworn statement of the prosecuting officer and witness regarding this case. Based on these proceedings, and the fact that the complainant is not present, I move the Board find that the information and testimony given is incomplete and inconclusive at this time. The Board recommends this case be continued until the next meeting of the Board, or a subsequent meeting when additional information is available, and the complainant can be present. seconded by Mr. Holzman. Vote: All Aye; motion carried. Mrs. Boehm explained when they received the complaint and notice of hearing, asked for a continuance because they had a house full of visiting guests from out of town. The Boehm's were told it was not a good idea to do that because the Board only met once every other month. The Boehm's were also told if they could not be present, they should send a representative on their behalf so this could be ended. Addressing the Board, Mrs. Boehm said, "no offense to you, but now we are going to have to go through this until January with them continuing to harass." Mrs. Lyzen explained that she understood how Mrs. Boehm feels, but wi thout the compl ainant present... "I don I t know why you were called in if the complainant was not going to be here, but I'm sorry, this is what the Board voted on. code Enforcement Board Meeting Minutes November 15, 1994 Page 7 Mrs. Boehm said she can appreciate the point, but this has really taken a toll on the family. Mr. Boehm said the issue here is the birds, I don't understand what else we could add to this; is there something we can do that would help you determine?" Mr. Boehm said he could have brought the birds in here, but if they didn't coo, we could have been told you did something to the birds. I could use a tape recorder, but nobody is going to believe that I didn't edit the tape. Mr. Boehm said he is getting tired of defending himself, and tired of people complaining every time they made a move in their house. It really is harassing, and I would like to get this thing dismissed. He explained they had made a good faith effort, and he was sorry for the Kaysers, but they had the option of sending a representative as we did. I ask that you reconsider your decision. Mr. Boehm said that the Kaysers have the option of appealing this, and I will guarantee you the Kaysers will not let this rest. They haven't let anything rest, and they have been virtually harassing everyone that has worked this issue. Mrs. Lyzen once again said she understands how they feel, but the Board voted this way because of lack of evidence, and the complainants were not present. Mr. Boehm asked in his defense, does this mean in come in here and properly support myself, I must every time I don't like something they are doing? have to do that. order for me to call the police I don't want to Captain Tolleson stated...."as far as the light goes, if it is a problem, call us. Captain Tolleson told Mr. Boehm,.. ."as far as defending yoursel f, the next time we have it, you just can't dismiss a case. There has to be a finding of fact, and there is not enough here to.. .Lremainder_ inaudibl~ Captain Tolleson informed Mr. Boehm that he could bring the Code that came from the homeowners association who investigated them. The Kaysers have no appeal once the Board makes their decision. Code Enforcement Board Meeting Minutes November 15, 1994 Page 8 Captain Tolleson said the Kaysers felt they were being intimidated by the birds. (Followinq sentence inaudib~. If you want to live like that, and put up with the light shining in your window...I wouldn't, I would call. They'll soon get tired of us (Police) coming to visi t them, and that's what. . . (remaininq part of sentence inaudible.) It's an intent to actually harass you. FolJ.-9wi!!.9: sentence inaudible. Captain Tolleson said as far as next time, your defense is done. Next time we will give the Kaysers the opportunity to say whether this cooing is bothering them. If you want to speak again, or have someone else speak in your defense, you will have the opportunity. If not, the Board has already heard what you have to say. 4. Case Number 94011412 - Peqqy Couillard: Stephen J. & Cheryl__ Gray, and Paul s. Nash, 100 N. Fairfax Avenue, Winter Sprinqs Florida 32708. Chapter 4-1 20.25 (Barkinq Dogs): Chapter 4-2 (More than two doqs or cats prohibited; exception): Chapter 13- 2 (b) (Trash in yard), and 13-2 (c) (Untrimmed qrass) of the Code of the City of Winter Sprinqs, Florida. Dennis Young, Tony Corino, and Howard Allard were sworn in for testimony. Mr. White stated the renters at 100 North Fairfax have on occasion had problems with more than two dogs, and have corrected it each time he was there. There has al so been a probl em wi th dogs barking. Mr. White said the next door neighbor has a video tape, but unfortunately we do not have the capability of showing it. I have reviewed the tape, and it depicts four dogs in the yard. There has been uncut grass at this address, and upon speaking to the people, have cut it right away, up until now. They also were accumulating trash in the yard; wood, a toilet and junk which is also on the video tape. Mr. White reported four (4) problems at this address, and was able to reach the owner of the property only yesterday by phone. Paper work was mailed out, and there was a change in name of ownership. The current owner was part of the original group of owners, and is now taking on the responsibility. The owner told Mr. white he was planning to remove the current tenants from the property. Code Enforcement Board Meeting Minutes November 15, 1994 Page 9 Mr. White said, wasn't barking, uncut." "as of today's some t rash in examination, he the back yard, saw one dog which and the I awn us Mr. Hol zman asked Mr. Whi te if this property was a house or apartments. Mr. White said it was a house on the northwest corner of Fairfax and First streets. Mr. Prestera wanted reaffirmation that the tape did substantiate all four complaints. Mr. White rei terated that the tape did substantiate visibly and audibly, the four complaints. Mr. white was contacted by the owner of the property by phone, and told Mr. White that he recently found four (4) dogs in the yard. Mr. Prestera asked if any of the renters were present. Mr. White said there were only witnesses present. Dennis Young - 101 North Devon Avenue, Winter Springs, FL 32708. Mr. Young lives right behind the neighbors, and made the video tape. He said the four dogs are occasionally put out all at once, The barking of the dogs is the main problem, and the odor of the dog feces. Mr. Young felt this was also a health problem for their children and playmates who play in the backyard. Mr. Young stated that trash is put out front without putt~ng it into containers which allow dogs, cats and other animals to tear into it. He explained they were also putting trash out too soon. For an example, a bag of trash is put out on a Tuesday for a Friday pick up. Mr. Young said to eliminate verbal confrontations with the neighbors, he took his chain link fence down, and installed a six (6) foot wooden fence. Since the campI aints have been fi 1 ed against the neighbors, he has found all types of garbage thrown into his backyard. Mr. Tony Corino - 130 North Devon Avenue, Winter Springs, FL 32708. Mr. Corino said he is located about four (4) houses north of the house with the dogs, and can still hear the dogs barking. Mr. Howard Allard - 141 North Devon Avenue, Winter Springs, FL 32708. Mr. Allard said he is not familiar with the problem of the dogs, but has seen the trash. Code Enforcement Board Meeting Minutes November 15, 1994 Page 10 Mr. White expl ained that when he started this case, there were three (3) owners. When he used the owner of record from the tax collector's office, the notice went to the proper address; however, the name on there caused it to get forwarded to Tampa. The recipient in Tampa placed a phone call to the Orlando resident who now owns it solely. Originally there was three owners. Mrs. Lyzen said there are three (3) names on record, and asked if any of them were the owners. she gave the names of, Peggy Couillard, stephen J. I Cheryl and Paul S. Nash. .....- Mr. White explained that the names were, Peggy Couillard; Stephen J. and Cheryl Gray, and Paul S. Nash. He sa~d Stephen and Cheryl Gray are the owners. Mr. Whi te said the 1 ast name the tax collector had was Paul S. Nash, and he had a torwarding address of Tampa. Mr. Prestera found as follows: ..."in the case of the Code Enforcement Board number 94017412 of the City of Winter Springs, the Code Enforcement Board has read the complaint filed, and the written information presented by the Code Officer. Heard the sworn testimony of the prosecuting officer, and witnesses regarding this case. Based on the proceedings, I move that the Board find Peggy Couillard, Stephen J. and Cheryl Gray and Paul S. Nash in violations of Chapter 4-1, 20.25 (Barking Dogs) Chapter 4-2 (More than two dogs or cats prohibited; exception); Chapter 13-2 (b) (Trash in yard); Chapter 13-2 (c) (Untrimmed grass), and that the appropriate Relief Order be issued at this meeting. Seconded by Mr. Holzman. Vote: All Aye: motion carried. Mr. Holzman moved that the occupants stated in the motion be g~ven (24) hours to correct the following violations: Chapter 4-1, 20.25 (Barking Dogs); Chapter 4-2 (More than two dogs or cats prohibited; exception); Chapter 13-2 (b) (Trash in yard); Chapter 13-2 (c) (Untrimmed grass), and if not corrected at that time, be assessed a fine in the amount of ~lQQ_._~_QuP_~X_~a,Yf u~~9tLY_i9J.a:U~n..Le~ch reoccur-X_~I1-c_e., until such violation is found to be corrected by an officer of the City. Seconded by Mr. Prestera. Vote: All Aye; motion carried. -- Code Enforcement Board Meeting Minutes November 15, 1994 Page 11 5. Adiournment: Meeting adjourned at 8:00 P.M Submitted, Shirl y A. Frankhouser, Admin strative Secretary Prepared November 30, 1994 THE NEXT SCHEDULED MEETING OF THE CODE ENFORCEMENT BOARD WILL BE TUESDAY, JANUARY 17, 1995 - 7:00 P.M. This document is a summary of the Code Enforcement Board. The audiotapes of all meetings are maintained in the permanent records of the City of Winter Springs. .,"-