HomeMy WebLinkAbout2007 03 20 Handouts by Captain Tolleson 202.5
March 20, 2007
Handouts Given to the Code
Enforcement Board Members from
Captain Tolleson Regarding
Agenda Item 202.5 During March
20, 2007 Regular Meeting.
LAND DEVELOPMENT
(15) Accessory parking in residential areas. A
lot or lots separated by a common bound-
ary from a commercial district but located
in a R-lA or R-1AA single~family dwelling
district may be used as a free parking lot
or lots to service the contiguous and ad-
joining commercial use or uses, provided,
however, that:
a. No advertising signs are erected in
the area.
b. The setback from the front property
line shall be the same as for the
district in which the lot or lots are
located.
c. All automobile parking lots shall be
effectively screened on each side
which adjoins or fronts property sit-
uated in any residential or single-
family dwelling district by a wall,
fence or densely planted compact
hedge. Such wall, densely planted
hedge or fence shall not be less than
four (4) feet in height and shall be
maintained in good condition.
d. No structures shall be erected in
such areas.
(16) Common boundary construed. For the pur-
pose of(15) above, the term common bound-
ary shall be deemed to include all or any
part of a line between a commercial dis-
trict and an R-1, R-1A or R-1AA single-
family dwelling district, or the separation
of a commercial district from an R-1,
R-1A, and R-1AA single-family dwelling
district by an intervening public street,
alley or other way where the parcels in
question lie wholly or partly in a position
directly opposite from each other in such a
manner that in the absence of the public
street, alley or way, the parcels would
have a common boundary line in whole or
in part.
(Ord. No. 44, ~ 44.73, 1-8-68; Ord. No. 2003-36,
~ 10-13-03)
Sec. 9-279. Off-street parking of commer-
cial vehicles.
Except for the temporary parking of vehicles
conducting business on the premises or engaged
Supp. No.5
* 9-281
in the loading or delivering of materials, no over-
night parking of tractor trailers, cube vans, semi-
trailers and/or cabs shall be permitted on any
off-street parking facility within the city. Vehicles
owned or operated by the business located on the
licensed premises may be parked overnight pro-
vided that they are parked behind the business or,
if sufficient rear lot space is not available, in the
least visible space from any right-of-way and
abutting property. A special events permit may be
obtained for a period not to exceed fourteen (14)
days for the temporary parking of a trailer, semi-
trailer, and/or their cabs for special occasions.
After ninety (90) days, this permit may be re-
newed once during a twelve-month period.
(Ord. No. 721, ~ 1, 6-28-99)
DMSION 7. DUMPSTERS.
Sec. 9-280. Definitions.
As used in this division the word "dumpster"
shall mean any container which is used for the
collection and disposal of bulk trash, refuse, veg-
etative waste, recyclable materials or other kinds
of waste, and which may be of the open or en-
closed variety, and is typically hoisted onto or
mechanically emptied into a specifically equipped
truck for transporting said waste to a designated
facility. Dumpsters are typically used for multi-
family, commercial, and industrial land uses.
(Ord. No. 2002-13, ~ 1, 5-13-02)
Sec. 9-281. Minimum screening require-
ments.
All dumpsters shall be screened on all four (4)
sides from public view and situated under the
following minimum screening, design, and
locational requirements:
(1) Both sides and the rear of the dumpster
shall be screened by an opaque wall made
of concrete, brick, stone, or other similar
durable material, provided the material
used is compatible with the architectural
design of the principal structure. The wall
shall be at least six (6) feet in height or
the height of the dumpster, whichever is
591
~ 9-281
WINTER SPRINGS CODE
greater. The wall shall be designed to
permit adequate and reasonable truck
pick-up by the solid waste hauler.
(2) The front of the dumpster shall be screened
by an opaque gate which shall remain
closed at all times, except for trash dis-
posal and pick-up.
(3) Dumpsters shall be placed in an area that
is least visible from the public right-of-
way and shall be situated so as to provide
for adequate and reasonable truck pick-up
by the solid waste hauler.
(4) Dumpsters shall be placed on a concrete
pad or other impervious surface deemed
suitable by the city.
(5) Restaurants or other commercial busi-
nesses that discard significant amounts of
food or other materials that decay, pro-
duce offensive odors or liquids, and/or
attract infectious diseases shall be re-
quired to equip the dumpster site with a
sewer drain and water. The sewer drain
and water source shall be subject to ap-
proval by the city. These dumpster sites
shall be cleaned with water and appropri-
ate cleaning products frequently and as
often as necessary to keep the dumpster
in a sanitary condition.
(6) Landscaping around the dumpster may
be required if deemed necessary by the
city in order to make the dumpster com-
patible with the surrounding neighbor-
hood and the site development.
(7) All new dumpsters shall comply with the
minimum requirements set forth herein
upon the effective date of this division.
The city commission may, by resolution,
approve a standard set of engineering
plans for an enclosed dumpster. Said plans
may be used by the public to satisfy the
requirements of this section. All dumpsters
existing on the effective date of this divi-
sion shall comply with the minimum re-
quirements set forth herein by March 1,
2004, except that any such existing
dumpster shall be grandfathered from the
six-foot height requirement set forth in
Supp. ~o. 5
$ection 9-281(1) and applicable zoning set-
back requirements, provided the dumpster
fully complies with all other provisions of
this section. In addition, existing dumpsters
~ay be screened by an opaque vinyl screen,
provided the material is deemed durable
lImd of high quality by the city in terms of
~esign and in accordance with current
~uilding code standards.
(8) Dumpsters located within an enclosed
~uilding are exempt from this section.
(Ord. No. 2002-13, ~ 1, 5-13-02; 2003-26, ~ 2,
8-11-03; Ord. No. 2003-39, ~ 2, 11-10-03; Ord. No.
2003-40~ ~ 2, 1-26-04)
Secs. 9~282-9-295. Reserved.
ARtt'ICLE V. DESIGN STANDARDS
Sec. 9-296. Typical street sections.
The fqllowing drawings illustrate typical cross
sections iof streets constructed under the provi-
sions of this chapter:
592
provided within fifteen (5) days from the
date of notice that his/her lot had to be
cleaned and that a charge is being as-
sessed therefore.
(g) After causing the condition to be remedied,
the director of code enforcement shall certify to
the director of finance the expense incurred in
remedying the condition whereupon such ex-
pense, plus a charge to cover city administrative
expense, plus any administrative penalty as pro-
vided in subsection (h), shall become payable
within thirty (30) days, after which a special
assessment lien and charge will be made upon the
property, which shall be payable with interest at a
rate of eight (8) percent per annum from the date
of such certification until paid.
0) Such lien shall be enforceable in the same
manner as a tax lien in favor ofthe City of
Winter Springs may be satisfied at any
time by payment thereof including ac-
crued interest. Notice of such lien may be
filed in the office of the Clerk of the
Circuit Court and recorded among the
public records of Seminole County, Flor-
ida.
(2) If the subject property is secured by locks
or otherwise, the city shall have the au-
thority to enter said property for purposes
of remedying the violative condition, and
any additional costs incurred by the city
in gaining access to the property or in
resecuring the property after cleaning shall
be considered expenses of remedying the
condition.
(h) In addition to the actual cost of remedying
the violation cited under subsections (c) and (d),
the city may also assess a charge to cover admin-
istrative expenses incurred in securing and mon-
itoring the services of a private contractor to
remedy the violation. Said administrative charge
shall be reviewed and approved by city commis-
sion at least on an annual basis.
(1) If a second violation of subsections (c) and
(d) is cited against the same property and
property owner within twelve ( 12) months
from the date of the first citation, an
administrative penalty of one hundred
dollars ($100.00) shall additionally be as-
NUISANCES
~ 13-4
sessed five (5) days after the second cita-
tion. If the condition is abated by the
owner during that five (5) day period, the
penalty will not be assessed. If a third
violation of subsections (c) and (d) is cited
against the same property and property
owner within twelve (12) months from the
date of the first citation, an administra-
tive penalty of two hundred dollars
($200.00) shall additionally be assessed
five (5) days after the third citation. If the
condition is abated by the owner during
that five (5) day period, the penalty will
not be assessed. Subsequent violations
cited against the same property and prop-
erty owner shall be referred to the city's
attorney for appropriate legal action in-
cluding, but not limited to, injunctive re-
lief, in addition to enforcement as pro-
vided by this chapter.
(Code 1974, * 7-1; Ord. No. 464, ~ 1,2-12-90; Ord.
No. 632, * I, 11-25-96)
Sec. 13-3. Duty of owners of buildings to
keep surrounding property clean;
notice; failure to comply with no-
tice.
(a) All land within a three-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.
(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 propp,rty in question, clear the land according
to the requirements of this section and charge the
owner for the cost thereof.
(Code 1974, * 7-2)
Sec. 13-4. Procedure for city enforcement of
non-imminent hazards.
In cases involving nuisance or hazardous con-
ditions which require direct governmental action
877