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HomeMy WebLinkAbout1995 01 17 Code Enforcement Board Regular Minutes CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 17, 1995 1. Attendance: Anne Schneider, Chairperson, Present Gene Prestera, Present Charles Holzman, Present Ken Haines, Present Lloyd Anderson, Present Bob Gray, Present Lurene Lyzen, Present City Officials: Captain Bob Pieper, Code Officer Al White, Code Inspector 2. Approval of the November 15, 1994 Meeting Minutes: - Mrs. Lyzen moved that the minutes of November 15, 1994 be accepted as submitted. Seconded by Mr. Anderson. Vote: Anne Schneider, Abstain due to absence from November 15 meeting; Lurene Lyzen, Aye; Bob Gray, Aye; Lloyd Anderson, Aye; Ken HaInes, Aye; Chuck Holzman, Aye; Gene Prestera, Aye; Motion Carried. 3. Discussion of Closed and Pendin~Gases: Mr. whi te stated that there was a 1 imi ted update of the cases presented during November and December; this is minus the last week of December. Chairperson schneider asked Mr. white about Case # 94-018755 on page 3 (rotten fence), located at 898 Chokecherry Dr., and asked if it was a fence around a pool. Mr. white explained that the fence was In the process of being repaired and we did not want them to leave it un-repaired for a long period of time due to the danger of having an open pool. It was a yard with a pool being constructed and it did have water in it. When I approached the party with regard to this concern, they immediately nailed boards up. Chairperson Schneider inquired about the progress with regard to checking on the "backf 1 ow devi ces ~~, and asked if it was along term project? ,- CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 17, 1995 PAGE 2 Mr. White explained that it is a long term project, and eventually every house in the City of Winter Springs will require a backflow device if they have Irrigation Systems. It's being done on a block to block basis, working on a small area at a time until completed so it is manageable, and then moving on to the next block. Chairperson Schneider asked if this was part of the permitting process for pew construction. Mr. white said that it is and has been for quite awhile. Mr. Prestera asked Mr. white about the blank areas under Action Taken, especially in December because there were so many. - Mr. White explained that it means these particular cases have not been closed. They are sti 11 ei ther pending, or awai ting more information. Mr. Haines asked how much time a homeowner is given once they are found in violation of not having a backflow device? Mr. white said this is not uniform in it's presentation. The Public Works Department writes a letter, mails it first class, gets no receipt, and allows six (6) months. After this process, they generate a certified return receipt request and allow another three (3) months. He explained that when it reaches him, it's been nine months to a year old. Mr. White explained that the Public Works Department is required to inspect these devices yearly. He said the biggest problem is that people are installing unacceptable devices. Mrs. Lyzen inquired about signs on the right-of-way located at the Sheoah and Shephard entrance and asked if they were real estate signs. Mr. White said they were real estate signs and the realtor involved received the warning. He explained that they were located north of Third street on the right hand side, Cypress club. - - CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 17, 1995 PAGE 3 Mr. White said he did some research and found that the people in the Highland Lakes project had a permit for their signs, so they were not cited. Mrs. Lyzen referred to a "FOR SALE" sign located on Shephard Road going toward 17-92 with regard to a lot. She reported that it is on the right-of-way. Mr. White said the area contains county property as well as city property and he would have to check into it. He said if it is on the right-of-way, he will remove the sign regardless. - Mr. Prestera asked who checked on "Building Permits". Mr. White explained that inquiries get turned over to the Building Department where they research it and informs him as to whether or not there is a permit. If there is no building permit, the Building Department must give Mr. White the reason why it needs a permit. Mr. whi te said he doesn't want to assume their job of doing inspections on buildings. Mr. White said if there is no visible building permit, it is considered a violation because it must be visible. However, in cases where it might have blown away or stolen, etc., he does not report it until he finds out the reason for the missing permit. Mr. Holzman inquired about the outcome of a case located at 100 North Fairfax. Mr. white explained that the people who lived at that location moved out the day after the Board met. He said they moved to Devon and he would inform the Board at a later date concerning this matter because he is currently working on the case. Mr. Haines asked about 918 Oak Forest Drive (parking a boat and trailer in front drive). Mr. white stated that the case is temporarily cleared up, but he 1S 1 eaving it open because it seems to reoccur, and as soon as he detects something there, he will write them up. ,- CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 17, 1995 PAGE 4 4. Case CEB-94-454 - Timothy R. and Marcia M. Boehm, 1569 Warrington street, Winter Springs, FL 32708. section 13-34 (Noise Nuisance) carried over from CEB mee~ing of November 15, 19 94 ._~____________ _________ Mr. and Mrs. Kayser were sworn in for testimony. Mr. White wanted to update the Board members who were not present at the November 15, 1994 meeting, and explained that the Board left this case open for continuance because Mr. and Mrs. Kayser (the complainants) were unable to be present. - Captain Pieper explained that this was somewhat of an unusual case because it did not actually require presentation at this time. The case was started by Mr. Whi te in September 1994; however, the complainants (the Kaysers) have been dealing with the situation as far back as August. He said it involves an animal noise nuisance under Section 13-34 with reference to cooing doves that are creating a disturbance to the Kaysers peace. The original case was presented before the Board in November; however, due to the Kaysers absence, and the lack of full attendance of the Board, it was moved and voted on by the Board that it would be continued until the Kaysers could be heard at this time. There is lengthy testimony and dialog between the Board and the all eged offenders (the Boehms) whi ch you have in your minutes. This then becomes the sequel, and the Kaysers are here to offer testimony on their behalf. Captain Pieper reiterated that section 13-34 in the City Code uses language to the effect of long continued noise which shall disturb the comfort and repose of any person residing within the vicinity. Mr. Gray asked Mr. Whi te how many t.imes he had fOlJnd the doves outside cooing in the past. ,- ,- CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 17, 1995 PAGE 5 Mr. White stated that he had not been able to ca~ch them. The only time that he had heard any birds was when they had a parakeet outside, and at that time, there was no one home. He exp I ained that he had not seen the birds in question, and he didn't know what they were. The few times that he was there, he had to walk between the houses and look on the porch and the birds were not out, or not visibl e to him, and there was no noise. He expl ained that the birds were in a screened area and he was unable to clearly see everything on the porch. Mr. Gray replied,..."so the City has never found them to be ln violation via a visit to the house?" Mr. White said that is why we brought the complainants back, for the purpose of being heard by the Board. .- Captain Pieper also wanted to note for the record that the Kaysers have sought reI ief of this si tuati on through various avenues, including the Davenport Glen Homeowners Association and seminole County Animal control. They now bring the case before the Code Enforcement Board not having obtained sufficient and satisfactory relief from these avenues. Mrs. Audrey Kayser who resides at 1571 Warrington street, Winter Springs, FL 32708. Mrs. Kayser presented pictures to the Code Board of their home and the home next door and the relationship of where the caged birds remain on a daily basis. Mrs. Kayser said that the names of the residences were noted on the back of the pictures. Mrs. Kayser, referring to the pictures, said they did not have a pool, but have their home finished with an enclosed window and screened area which they use every day. She said that she and her husband are retired and she enjoys gardening. Chairperson Schneider asked Mrs. Kayser how far it was from her back porch to the back porch of their neighbors. - CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 17, 1995 PAGE 6 Mrs. Kayser explained that it was approximately fort.y-flve (45) feet if your referring to the lot line. Chairperson schneider explained that she was referring to the distance from back porch to back porch. Mrs. Kayser asked the Board to look at one of the pictures that shows a bay window where their master bedroom is located. She explained that it is on the very end of the room across the back which is the closest point. Mrs. Kayser said they elected to have a fence and plant trees and shrubs to hel p count down on the sound. They al so put up wind chimes, but said nothing would muffle the sounds. She expl ained that the bi rds are "Mourning Doves" and they are exactly what the name implies. It's an appropriate name because it is not a pleasant, lilting sound. It is a sound similar to a wild dove, but they are free to come and go. Mrs. Kayser exp I ained that they approached the Boehm's approximately the third week In July as neighbor to neighbor. She said when she saw the birds were caged, she realized she wasn't hearing wild doves. Mrs. Kayser stated that the birds start their COOIng about 5:30 to 6:30 in the morning and waking her up because of the bedroom being on their side. Chairperson Schneider inquired as to whether the birds were being brought in at night. Mrs. Kayser said that was one of their suggestions at the end of July; however, that did not happen every night and eventually the birds were forgot and left out. She explained that the fIrst week in August on a Sunday morning the birds woke her up again. She went next door to let the Boehm's know she had been awakened by the birds again, and Mr. Boehm said he forgot to take the birds in. CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 17, 1995 PAGE 7 Mrs. Kayser said after Mr. Boehm told her that he didn't have to do anything about the birds and that she would. she went to the homeowners association. Mrs. Kayser stated that she and her husband waited for months assuming the homeowners association was working to resolve the problem. Mrs. Kayser said the homeowners association wrote a letter stating they would be able to enforce the law written in the covenants and restrictions and that's where they dropped the ball. She felt the homeowners association did nothing for them since they wrote the letter and that is when she contacted Mr. White with Code Enforcement. Mrs. Lyzen asked Mrs. Kayser if Animal control did anything for them. ,- Mrs. Kayser stated that she and her husband spoke with Mr. Mike Wittmore on October 14, 1994. She was hoping to hear something in between from the Board. It is a homeowners associatlon problem because the problem is mentioned and covered and she didn't want to have to involve the Police. Mr. Gray asked if she had friends or neighbors that visited with her at the house that might also be bothered by the doves, because the Police are going to have to verify this each time she calls ln a complaint. Mr. Gray explained that even if we find them in violation, if the officer determines that It is not a problem, the Boehm's are not going to be tined. It has to be bad enough where the Police can hear the blrds cooing and agree it is a problem. Mrs. Kayser explained that her neighbor on the other side of them (not the Boehms') has their pool and living area on the other side of their house away from them. The nelghbors on the other side of the Boehms' have the same exact house which is reversed also. Mrs. Kayser explained further the nuisance of the birds. she said the birds are in the screened pool area and she has a picture of the cage and the three birds. Chairperson Schneider briefly went over the facts to be sure that Mr. and Mrs. Kayser agreed with them. ,_. CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 17, 1995 PAGE 8 Chairperson Schneider stated that the homeowners association investigated, but dismissed the case. The Board had a letter from the homeowners ::lssociation dated october 18, 1994 that states,..." "we have made a good fai th judgement that the doves do not constitute an unreasonable annoyance, hazard or nuisance and are closing this complaint." She also stated that Animal control investigated and said that they did not consider the doves a nuisance; however, Chairperson Schneider wanted to rei terate what Captain Pieper read... "the Winter Springs Code states that it doesn't necessarily have to be a loud noise, but it will be unlawful for any person to keep an animal or bird within the City which by causing frequent or long contlnued nOlse. shall disturb the ~omfort and repose ot any person in the vicinity." - Chai rperson Schnei der s ta ted that 1n t hl sease, \oie are concent ra t ing on an annoyance where the peop 1 e fee 1 the bi rds constitute a continued and frequent annoyance, not necessarlly a loud annoyance. Mrs. Kayser discussed the letter to her from the homeowners association. Captain Pieper informed Mrs. Kayser that she could not try the Davenport Glen Homeowner Association in front of the Code Enforcement Board. Mrs. Kayser explained that she was not trying to try them, but attempting to explain how they came to their conclusion. Chairperson Schneider asked Mrs. Kayser if she was saying that the Boehm's compromise of taking the birds and keeping them under a blanket during the day, unacceptable to her. You can still hear the cooing? correct In in at night was still Mrs. Kayser answered yes, in fact, at eleven o'clock at nIght when they are covered, you can hear them. - Chairperson Schneider asked if the on) y acceptab} e solution }n granting you peace and repose is to have the birds kept ln the house? Mrs. Kayser answered,.. ."T'm afr;:j"ci so". CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 17, 1995 PAGE 9 Mr. Kayser explained that he and Mrs. Kayser have been away for two weeks, and upon thei r return , thought he heard the doves maybe twice. He said that in the last month, he doesn't think the doves have been out a day. It has been very peaceful and quiet. Mr. Kayser stated that he is going to wri te a homeowners association stating that everything has past few weeks and if the Boehm's will continue to in, there will be no problem. letter to the been great the keep the birds Mr. Prestera asked Mr. Kayser if he talks to the neighbors at all. ,- Mr. Kayser said he had talked to the Boehm's on two separate occasions. Around the 23rd of July, Mr. Kayser stated that he went over by himself, and asked Mr. Boehm if he could do something with the birds because they were waking his wife early in the morning. He said that Mr. Boehm said fine, let's see what we can do. A week later Mr. Kayser explained that he and his wife had gone over and explained to the Boehm's that his wife works outside and they would appreciate it if they would do something else with the birds. Mr. Kayser said that Mr. Boehm would have to think about it. So that is where we are right now. Mr. Gray asked Captain Pieper how he was gOlng to advise his officers when a complaint is filed in this matter. Captain Pieper explained that we seek a ruling because if we were to take the posi tion that since it's been quiet, it must have worked out, when the weather starts to warms up and the birds are out, the problem resurfaces again. If that would happen, we will then have to go back before the Board and jump through the same hoops. ,,--- Captain Pieper said if we get a ruling now that this is a violation, my advise to my officers would be, to be sensitive to the understanding that loud is not necessarily required, but long and continuous. He said one of the things that he would advise his officers is, it is not up to them in all cases to define reasonableness as where the Davenport Glen Homeowners Association apparently took a stand to say, this is not an unreasonable annoyance. ,-d'-' CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 17, 1995 PAGE 10 He said he would instruct his officers to be sensitive to the Kaysers' compl aint and to understand that the Kaysers' opinion might be different from the officers' opinion, but if it is a disturbance to the Kaysers', then it is to be dealt with. Mr. Gray moved that Timothy R. and Marcia M. Boehm, 1569 Warrington street, Winter Springs, be found in violation of City Code, Section 13-34, of the Ci ty of Winter Springs. Seconded by Chairperson Schneider. Chairperson Schneider asked for discussion. Mrs. Lyzen explained that Mr. Gray did not ask that an appropriate Relief Order be issued in his motion. - Mr. Gray stated that he did not believe it was necessary, we are going to do one anyway. Vote: Mr. Prestera, abstained; Mr. Holzman, Aye; Mr. Haines, Aye; Mr. Anderson, Aye; Mr. Gray, Aye; Mrs. Lyzen, Aye; Chairperson Schneider, Aye. Motion carried. Chairperson Schneider asked for a Relief Order. Mrs. Lyzen ordered,.. ."in the case of CEB 94-454 of the City of winter Springs, Timothy R. and Marcia M. Boehm, having been found by this Board to be in violation of Section 13-34 of the Codes of this City, I move that they are to correct this violation immediately upon receipt by certified mail of violation, and if not corrected by this time as determined by an officer of this City, shall be assessed a fine of the amount of $50.00 per vi 0 1 a ti on until such violation is found to be corrected by a City officer. Mrs. Lyzen also ordered that any repeat occurrence of same violation as determined by a City officer shall cause an immediate fine of $50.00 to be assessed for each occurrence unti 1 the violation is similarly found to be corrected. Seconded by Mr. Haines. Vote: Chairperson Schneider, Aye; Mrs. Lyzen, Aye; Mr. Gray, Aye; Mr. Anderson, Aye; Mr. Haines, Aye; Mr. Holzman, Aye; Mr. Prestera, -. Abstain. Motion Carried. ..- CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 17, 1995 PAGE 11 5. Case CEB-94-464 - Tuscawilla Realtv Inc., 1301 Winter Springs Boulevard, Winter Springs, FL 32708. Section 20-412 (Trailer Uses) requires a permit for a temporary buildinq. Captain Pieper explained that case CEB-94-464 involving Tuscawilla Real ty, Inc., wi th reference to requirement of a permi t for a temporary building is an evolving case, and the necessity of preparation of all information available, is going to get pulled from the agenda. They feel confident that between the information we can discover and in negotiation with Tuscawilla Realty and their representation, we can reach a resolution without having to bring it before the code Board. Captain Pieper said if they are unsuccessful in those attempts, it will be on the March agenda. 6. Adiournment: - The meeting was adjourned at 8:10 P.M. Respectfully Submitted, ~. Shirle Frankhouser Admini rative Secretary Prepared February 13, 1995 THE NEXT SCHEDULED MEETING OF THE CODE ENFORCEMENT BOARD WILL BE TUESDAY, MARCH 21, 1995 - 7:00 P.M. This document is a sununary of the Code Enforcement Board. the audiotapes of all meetings are maintained in the permanent records of the City of Winter Springs. ,A.'-'"