HomeMy WebLinkAbout1998 06 16 Draft Submitted to the Code Board 6/16/98t
(v ~~(~
D~FT Submitted to the Code Board $$
To the Members of the City Commission,
The Code of the City of Winter Springs is intended to protect the safety and well being, peace and repose of
city residents, as well as preserve or enhance the beauty of the city. It is the responsibility of the Code
Enforcement Board of the City of Winter Springs, as aquasi-judicial board, to render a judgment on
whether a person is in violation or in compliance, based on our reading and interpreting the Code. The
membership of the code board, simply through experience, have become very familiar with the Code,
especially those sections having to do with problems with pets, vehicles, overgrown yards, and noise.
Over the years, it has become apparent that certain sections of code make ruling difficult or fail to achieve
what we think is the intent of the statute. Sometimes this is because the language is somewhat ambiguous or
subject to differing interpretations. Language may also lose clarity because one section is revised but the
references in other sections were not updated. In some cases, the code is simply outdated; the premise of
the code is no longer true or no longer exists.
With that said, the members of the Code Board would like to submit the following six sections of code that
have given rise to difficulties or questions of interpretation. The copy of the code text is followed by a brief
explanation of the difficulties encountered.
Section 4-2 More than two dogs or cats prohibited; exception.
No household in the city shall own or contain more than two(2) dogs and two (2) cats without the express
consent of the city commission. Once permission is obtained....
The title and the text do not match; the title indicates no more than two animals, while the text clearly states
up to four animals are allowed, two of each. We enforce the latter, but the ordinance should be corrected.
Also, a point of interpretation, if a third dog is at a residence for only a short time, is the homeowner in
violation? For instance, can a daughter visit her parents and bring her dog or cat if, in doing so, she
unwittingly violates city code? And if she can bring her pet while visiting her parents, how long can she
stay?
Article VIII. Fences, Walls, Hedges'
The city code does not contain an ordinance for fences in disrepair. Ordinance 6-191 through 6-193
describes allowed location of the fence and Ordinance 6-186 describes the required permits. However,
once the fence is built, except in the case of pools (Section 6-217), there is no requirement to keep the fence
in good repair.
Section 20-431. Parking, storage, or maintenance of certain vehicles prohibited in residentially Zoned
districts.
(1) Prohibitions
a. No person owning, renting or leasing real property in a residentially coned district or living thereupon
shall 'cause or allow to be parked on any residential property any vehicle commonly describes as
follows: (step-van), truck, semitractor, semitrailer, bus or any other type of vehicle with a rated
capacity ofthree-quarters of a ton or more, and which is subject to regulation by F.S. ch. 316 with the
exception of those vehicles specifically erclc~ded by the exceptions provision of this section.
The intent of the ordinance, we think, is to maintain an orderly appearance to residential neighborhoods by
prohibiting large trucks and buses from parking in the driveway or on the street. However, times have
changed and now a half ton truck with extended bed or cab is larger in overall dimensions than a standard
one ton truck. It is not unusual for a family to own a three quarter ton pickup, yet this ordinance seems to
say that no resident of the city of Winter Springs can keep a three quarter ton pickup at their house, even in
the garage. Is this the intent of the ordinance? Also, does the phrase, "...or any other type of vehicle with a
rated capacity of three quarters of a ton or more..." include a Chevy Suburban 2500?
Section 20-432 Commercial Vehicle defined
For the purposes of this chapter, vehicles of the following types and sizes shall be considered and are
hereby declared to be commercial vehicles, subject to the provisions of section 20-431 to wit:
(1) Trucks or other vehicles having a rated capacity of more than three-quarters ton, including trucks or
other vehicles used, or designed for use, in transporting or as a temporary or permanent base,
platform or support of equipment, machinery or power plants of all types.
Again, as above, many families own one ton trucks and they are not commercial vehicles.
(l) Truck or tractors having dual rear wheels
Dual rear wheels certainly does not mean a vehicle is commercial.
Finally, although Section 20-432 states that commercial vehicles are subject to the provisions of Section 20-
431, Section 20-431 never explicitly provides provisions for vehicles defined as "commercial," only
recreational vehicles, boats, and trailers. It is possible that this may be a case where Section 20-431 was
revised at some point and the word "commercial" was removed, but Section 20-432 was not updated
accordingly.
Section 13-3 Duty of owners of buildings to keep surrounding property clean; notice; failure to comply
with notice.
a. All land within athree-hundred foot radius of any dwelling or other building within the city shall be
kept in a clean and trim condition by the owner of the property
A three-hundred-foot radius translates into 6.5 acres that must be kept neat and trim. Is this truly the
intent of the ordinance? The popular practice today is to minimize the impact of construction, yet the
ordinance appears to deem it unlawful to build one's house on a five acre lot and leave the surrounding
woodlands in their natural state.
b. If the owner of any property fails to comply with the conditions of this section, he shall be notified by
the city of the violation and be allowed fifteen (15) days to comply.
c. If, after the fifteen-day period provided for in subsection (b), the owner has not cleaned the property in
accordance with this section, the city shall have the right and authority to enter upon the property in
question, clear the land according to the requirements of this section and charge the owner for the cost
thereof.
A question of information for the board; does the city usually act on the 15 day rule?
Section 19 Utilities
This Section should be updated. All occurrences of Florida Department of Regulation should be changed to
Florida Department of Protection and, similarly, FDER changed to FDEP. Also, the address given in
Section 19-101 is no longer valid.
The members of the Code Enforcement Board appreciate your attention and ask that the Commission take
these comments under consideration during periodic revisions of the city code.
The Code Enforcement Board of the City of Winter Springs