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Home My WebLink About2001 02 26 Informational F Commerical Vehicle Enforcement COMMISSION AGENDA ITEM F Consent Informational X Public Hearing Regular February 26. 2001 Meeting /lv---6 Mg!. / Dept. AUthOrizafi~n - REQUEST: The Community Development Department-Code Enforcement Division requests the City Commission considers information regarding commercial vehicle enforcement. PURPOSE: The purpose of this agenda item is to request the City Commission considers information regarding commercial vehicle enforcement. APPLICABLE LAW AND PUBLIC POLICY: Section 20-432 through 20-437 prohibits commercial vehicles in residential neighborhoods. CONSIDERA nONS: On Wednesday, January 31, 2001 an e-mail from Mr. JoelE. Peisner was received at city hall and addressed to the City Commissioners. Mr. Peisner expressed concern that although he had called the Police Department about commercial vehicles parked on Sundance Ct., he felt that his requests were not being addressed. . On January 26, 2001, four (4) violations of the parking ordinance were issued and one (1) specific commercial vehicle parking violation was issued on Sundance Ct. . On January 27,2001, two (2) additional commercial vehicle parking notices were issued on Sundance Ct.. The Police Department did respond to Mr. Peisner's request in the manner that is consistent with City Code and Florida State Statute. FEBRUARY 26, 2001 INFORMATIONAL AGENDA ITEM Page 2 ATTACHMENTS: A. Section 20-432 through 20-437, City Code B. Mr. Peisner's e-mail C. Code Enforcement's response to Mr, Peisner's e-mail. ATTACHMENT A !l 20-431 WINTER SPRINGS CODE d. truck and to be used as a dwelling for recreation, travel or living pur- poses. The vehicle shall be equipped with tanks for storage of water and for holding of sewerage and shall have an interior light system opera- ble from a source of power from within the vehicle. Motor home. A structure, built on and made an integral part of a self- propelled motor vehicle chassis pri- marily designed to provide tempo- rary living quarters for recreation, camping or travel use. Occupy. To reside in or use as owner, tenant or occupant for the purpose of eating, sleeping, bathing, entertain- ing or such other activities. Overnight. A period commencing at 7:00 p.m. on one (1) day and termi- nating at 7:00 a.m. on the day imme- diately following or any period therein contained of more than seven (7) hours. Owner's property. The property of owners of the parked or stored vehi- cle. This section only applies to prop- erty in residentially zoned districts. Recreational vehicle, Camping trailer, truck camper, motor home, house trailer or other such vehicle de- signed or modified to provide tempo- rary living quarters or designed or modified to facilitate recreation, camping or travel by accommodating the needs for temporary quarters. Residentially zoned districts. Any res- idential district as identified in sec- tions 20-101,20-121,20-141,20-161, 20-181, and 20-206, Such districts to include but not be limited to: R-U, R-1AAA, R-Cl, R-1AA, R-IA, R-1 and R-3. State of good repair. The vehicle must be functional, usable and in such a state as it may be used without fur- ther repair or alteration for the pur- pose for which it is intended. e. f. g. h. 1. J. k. Temporary living quarters. Any ve- hicle used on a temporary basis for the purpose of eating, sleeping, bath- ing, resting, entertaining or other such activities normally associated with residential property or recre- ational vehicles. 1. Truck camper. A portable structure, designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary liv- ing quarters for recreation, camping or travel use. (4) Penalty. a. It is unlawful for any person to vio- late this division or fail to comply with any of its requirements. The judge shall consider the costs in- curred in enforcing this division in determining the amount of any fine assessed. b. The owner or tenant of any building, structure, premises or part thereof, and any other person who commits, participates in, assists in, or main- tains such violation may each be found guilty of a separate offense and suffer the penalties herein pro- vided. c. Nothing herein contained shall pre- vent the city from taking such other lawful action as is necessary to pre- vent or remedy any violation or nui- sance. (Ord. No. 44, ~ 44.81, 1-8-68; Ord. No. 170, ~ 2, 7-11-78; Ord. No. 721, ~ 2, ??-??-??) Sec. 20-432. Commercial vehicle-Definition. For purposes of this chapter, commercial vehi- cles are defined to be all passengers vehicles, trucks, trailers, and construction equipment of any type used in or designed to be used in business; all vehicles temporarily or permanently designed to accommodate, support, house, store, deliver or transport material, supplies, equip- ment machinery or power plants of all types; all construction related equipment; and all vehicles 1366 - ~ - e e - of any type, trailers and construction equipment upon which a business name or sign is perma- nently or temporarily affixed. (Ord. No. 44, ~ 44.82, 1-8-68; Ord. No. 721, ~ 3, ??- ??- ??) Sec. 20-433. Storage, repair, etc., of disabled motor vehicles; approved. The term "disabled motor vehicle" shall refer to any motor-driven vehicle, regardless of size, which is incapable of being self-propelled upon the pub- lic streets, including a current motor vehicle li- cense. (1) Disabled vehicles shall not be permitted in front yards or side yards; provided, however, that a reasonable time (not to exceed forty-eight (48) hours from the time of disability) shall be permitted for the removal or servicing of a disabled motor vehicle in an emergency caused by accident or sudden breakdown of the ve- hicle. (2) One (1), disabled motor vehicle may be permitted in the rear yard of a residen- tial, commercial or industrial lot as an accessory use to the main use of the lot; provided, that such vehicle is not located in any open space required by the zoning laws. Service and repair work may be performed on such vehicle, and parts, tools and equipment incidental to such service and repair thereto may be stored and used. Nothing contained herein shall be construed as authorizing the disassem- bling, tearing down, or scrapping of a motor vehicle or to permit one (1) motor vehicle to be scavenged, stripped for parts for some use on another vehiCle; provided, however, that a disabled vehicle shall not be permitted to remain outside of a build- ing for a period in excess of thirty (30) days on any lot used for residential pur- poses. (Ord. No. 44, g 44.85, 1-8-68) ZONING g 20-434 Sec. 20-434. Authorized commercial vehi- cles in residential areas. (a) One (1) commercial vehicle per dwelling unit may be parked in residentially zoned dis- tricts of the city provided: (1) Said vehicle is not a semi-trailer truck tractor or semi-trailer truck trailer; (2) Said vehicle is not a stake body or flat bed truck; (3) Said vehicle is not construction-related equipment such as a backhoe, front-end loader, utility tractor, etc.; (4) Said vehicle is not a vehicle of any type used to transport hazardous materials as defined by law; (5) Said vehicle is not a utility trailer of more than twelve (12) feet in length, inclusive of tool boxes and other storage areas, however exclusive of the tongue hitch; (6) Said vehicle is not a single or dual rear wheeled vehicle in excess of ten thousand eight hundred (10,800) pounds gross ve- hicle weight, or twenty-two (22) feet in length, or in excess of eight (8) ft. in height; (7) Said vehicle has no visible commercial lettering or signage, materials, supplies, equipment, or storage racks attached thereto, stored therein, or stored there- upon; and is parked in an enclosed garage or upon an improved or impervious sur- face in front of the front building line of the dwelling unit without intruding into the public right-of-way; (8) Said vehicle has visible commercial letter- ing or signage, supplies materials, equip- ment, or storage racks attached thereto, stored therein or stored there upon, but is parked in all enclosed garage or behind not less than a six (6) foot high fence in such manner that the vehicle is not visi- ble from surrounding dwellings or the public right-of-way. (b) A homeowners association as defined in the Florida Statutes or mobile home park may set aside common property, owned by the association 1367 9 20-434 WINTER SPRINGS CODE or park, as an area set aside for the storage or parking of commercial and/or recreational vehi- cles, provided said area is fenced by an opaque fence not less than six (6) feet in height that totally prevents the viewing of said vehicles from surrounding properties and roadways. (Ord. No. 721, S 4, ??-??-??; Ord. No. 754, * 1, 12-6-99) Sec. 20-435. Authorized commercial vehi- cles in residentially zoned dis- tricts. Utility vehicles used to maintain the site of one (1) acre or more and are adequately screened so that they are not visible from an abutting prop- erty or any rights-of-way are permitted; or horse trailers of any length are permitted within any parcel of one (1) acre or more within a residen- tially zoned district that allows horses to be kept provided that the trailers are not visible from any rights-of-way or abutting property. (Ord. No. 721, S 5,??-??-??; Ord. No. 731, * 1, 8-11-99) Sec. 20-436. Authorized commercial vehi- cles-Limited-term parking per- mits. (a) One (1) authorized commercial vehicle per dwelling unit, as defined,in section 20-434 above and not to exceed ten (10) feet in height, may be exempted from the garaging and fencing require- ments of section 20-434 until July 2, 2001, if the dwelling unit of the owner, user, or caretaker of the authorized commercial vehicle does not have a garage or fence capable of screening the vehicle from view as provided in section 20-434 provided that the owner, user, or caretaker of the autho- rized commercial vehicle shall have first acquired from the city a limited term parking permit which shall be clearly affixed upon the rear window or rear panel of the authorized commercial vehicle. (b) Following the termination of the period of the permit the commercial vehicle must comply in all respects with section 20-434 or be removed from the residential zoned district. (c) No authorized commercial vehicle as de- fined in section 20-434 may be provided a limited term parking permit later than December 31, 1999. (d) A permit may be transferred to a similar authorized commercial vehicle as defined in sec- tion 20-434 for the duration of the special excep- tion provided that a new permit is acquired from the city and the original permit is returned to the city. (e) Lost limited term parking permits must be replaced by the city and affixed upon the vehicle as provided herein before the vehicle can be parked in a residentially zoned district of the city. (f) Limited term parking permits may be pur- chased from the city for a price of twenty-five dollars ($25.00). Transferred and replacement lim- ited term parking permits may be purchased from the city for a price of twenty-five dollars ($25.00). (Ord. No. 721, S 6, ??-??-??; Ord. No. 747, * 1, 11-22-99) Sec. 20-437. Exempted vehicles. (a) Governmental vehicles. Police, fire, rescue, and other governmental vehicles which serve a vital public safety, health or welfare purpose as determined by the city are exempted from the restrictions of this section and may be parked in residentially zoned districts of the city. (b) Automobiles. Automobiles which may be used in business but which do not have visible commercial lettering, signage, materials, sup- plies, equipment, storage racks attached thereto or stored thereupon are exempted from the re- strictions on the parking of commercial vehicles. (Ord. No. 721. S 7, ??-??-??; Ord, No. 731, * 2, 8-11-99) Sees. 20-438-20-450. Reserved. DIVISION 3. SITING AND REGULATION OF TELECOMMUNICATIONS TOWERS* Sec. 20-451. Telecommunications towers. (a) Definitions. -Editor's note-Ord. No, 645, 9 I, adopted ??-??-??, amended the Code by adding provisions designated as section 20-434. In order to avoid conflicts in section numbering the editor has redesignated the provisions of Ord, No, 645 as section 20-451. 1368 - - - ATTACHMENT B Andrea Lorenzo-Luaces From: Sent: To: Cc: Subject: Joelp213@aol.com Wednesday, January 31,2001 2:31 PM Edward Martinez Paul Partyka; Robert Miller; Michael Blake; Cindy Gennell; dmcleod@wintersprigsfl.org Commercial Vehicles Dear Mr. Martinez, I spoke with you on election day in regard to the new city ordinance prohibiting commercial vehicles in residential areas. I live on Sundance Ct. in Winter Springs, our subdivision was poorly developed in regard to parking. Ours is a dead end street with a cul-de-sac that has some Iimit~d parking. I and my neighbors have called the police in regard to about 6 commercial vehicles, the police basically have done nothing to enforce this ordinance and these trucks and vans are here every night. One person actually took his magnetic signs off his SUV and this seems to be enough for the police. Sir, our street looks like a used car lot at night and the city seems to be turning its' eyes and refusing to look. One neighbor sold their house and moved out of Winter Springs altogether, This was an elderly retired couple who had planned on spending their retirement here, but simply became disgusted and left. There is a Time Warner cable van, a silver van with ladders on top, an extended maroon construction van, a truck from an electrical company, a broken down SUV from a lawn service that doesn't even have a rear window. What do we need to do to have the police enforce this ordinance? I have spoken with one city officer who informs me that the department is divided on this issue, and has simply chosen to ignore the law. I hope this is not the case. I am asking your help in solving this and hopefully we can reduce the amount of vehicles. Sincerely. Joel E. Peisner ~~c ~/'L.. I~~IJ.~., PV" ~ t) c/1)... , )f'! COq,o". ~ ," U (} f ~/J'l' tv.,.€, ' IlyO ~ s~ ev ~~ eIOIJ'T/tvG ~6'l/ .s RECe.IVED JAM 3 \ 700\ SPRINGS I I - VZ CITY OF W~~€~\1''( CLERK (' ~ C'DD...l1 O~~\~:NF. Nt L ( C<t1tl c~ ,_ c . ATTACHMENT C Jimette Cook From: Sent: To: Cc: Subject: Jimette Cook Friday, February 09, 2001 1 :58 PM 'Joelp213@aol.com' Mike Noland; Ron McLemore; Andrea Lorenzo-Luaces Commercial vehicle complaint The City Manager, Ron McLemore, asked that I respond to you in regard to your complaint of commercial vehicles in your neighborhood. This Division, the Code Enforcement Division, has recently added additional staff to provide code enforcement coverage on weekends. In the meantime, the Police Department normally responds to requests for service and indeed, did write several violation notices on the weekend of Jan. 27-28, 2001. On Monday morning, Jan. 29, 2001, I received many calls and personal visits from those individuals who received these notices inquiring about the options available to them for parking their commercial vehicles. I sincerely anticipate that with the addition of additional code enforcement staff and with the continued cooperation of the police department this problem will be taken care of in your neighborhood. I welcome you to call or visit us if you have further questions or concerns. Jimette Cook, Code Enforcement Manager, City of Winter Springs 1126 E. S.R. 434 Winter Springs, FI. 32708 407-327-5979