III A REGULAR MEETING MINUTES CODE ENFORCEMENT BOARD MAY 7, 2013

Transcription

1 I III A REGULAR MEETING MINUTES CODE ENFORCEMENT BOARD MAY 7, CALL TO ORDER/INVOCATION /PLEDGE OF ALLEGIANCE A REGULAR MEETING of the Winter Garden Code Enforcement Board ( CEB) was called to order by Chairman Joseph Skubas at 6:15 p.m. in the City Hall Commission Chambers, at City Hall, 300 West Plant Street, Winter Garden, FL. The invocation was given followed by the Pledge of Allegiance. DETERMINATION OF QUORUM A quorum was declared present at 6:16 p.m. MEMBERS PRESENT Chairman Joseph Skubas, Vice - Chairman John Benoit I1I, Board Members: David Buckles, Jack R. Litteral, Johnny Clark, Wanda Patterson and Harold Petch. ALSO PRESENT: Board Attorney Daniel Langley,, Code Compliance Officer Thomas Knappman, Customer Service Representative Megan D'Avila, Community Development Director Ed Williams, Police Chief George Brennan, Officer Jason Roebke, and Officer Ricardo Sorrell 2. CONSENT AGENDA A. APPROVAL OF MINUTES Approval of minutes from the regular meeting held March 5, MOTION. Vice Chairman John Benoit III to approve the March 5, 2013 meeting minutes, seconded by David Buckles, the motion carried unanimously 7-0 B. SWEARING IN BY PARTIES TO TESTIFY CEB Attorney Daniel Langley swore in Senior Planner Steve Pash, Officer Jason Roebke, Officer Ricardo Sorrell, Ticket Recipient Debi Casullo, Homeowner Vivek S Adesh, MAY 7, 2013 CEB MEETING MINUTES PAGE 1

2 Homeowner Robert Fournier Sr, Homeowner Jeetandra Hiralall, and Homeowner Davidson Wallace who will be presenting testimony. 3. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS A. OLD BUSINESS 1. CASE# Sunburst Cove Lane, Winter Garden, FL Sec Maintenance FINDINGS OF FACT AND CONCLUSIONS OF LAW IN CASE # Senior Planner, Stephen Pash stated that Case # has been brought into compliance by the property owner. The City inspected the swale and approved the improvements. No fines will be imposed and no further action to be taken and the case will be closed out administratively. 2. CASE# Sunburst Cove Lane, Winter Garden, FL Sec Maintenance FINDINGS OF FACT AND CONCLUSIONS OF LAW IN CASE # Senior Planner, Stephen Pash stated that Case # has been brought into compliance by the property owner. The City inspected the swale and approved the improvements. No fines will be imposed and no further action to be taken and the case will be closed out administratively. B. NEW BUSINESS CITATION #0164 Officer Jason Roebke Sec (c) Schedule of civil penalties for parking violations and the procedure to appeal violations FINDINGS OF FACT AND CONCLUSIONS OF LAW IN CITATION #0164 Officer Jason Roebke stated that while on patrol in downtown Winter Garden the night of March 2, 2013 he noticed a Blue Hyundai Sonata parked in a disabled parking space without the proper sign or decal. He ran the license plate number to check for a disabled permit but there was not one issued for that license plate. He issued a citation of $ for parking in a disabled parking space without a disabled permit. Officer Jason Roebke was on overtime while attending the meeting. Ticket Recipient Debi Casullo stated that it was around 11:30 pm when she was in Downtown Winter Garden. It was dark outside and there was not much lighting around the MAY 7, 2013 CEB MEETING MINUTES PAGE 2

3 area where she parked so she did not see the handicap parking sign. She presented pictures and stated that she could not see the sign while sitting in the driver's seat of her car because of how high the sign is and that the pole that the sign is on is a decorative pole so she didn't think it was a street sign. She quickly got out of the car and ran to The Attic Door to get out of the cold because it was 45 degrees outside. She did not notice the sign at that time either. She stated that her mother was disabled and she would never intentionally park in a disabled space. She invited the members of the board to take her car and park in the spot to see that the sign was not visible from the driver's seat. The City is requesting that the $ citation be upheld plus the hearing costs for Officer Jason Roebke's attendance which would be $60.64 for 2 hours of overtime pay. MOTION: Member David Buckles moved to uphold Citation #0164 for $ plus the hearing costs for the officer's attendance of $60.64 for a total of $ Seconded by Johnny Clark and carried unanimously CITATION #10610 Officer Ricardo Sorrell Sec (c) Schedule of civil penalties for parking violations and the procedure to appeal violations FINDINGS OF FACT AND CONCLUSIONS OF LAW IN CITATION #10610 Officer Ricardo Sorrell stated that while on patrol at Fowler's Grove Mall on March 14, 2013 he noticed a Black Ford Expedition parked in the traffic lane. He presented pictures he had taken the next day with his patrol car parked in the same way as the Expedition to show the obstruction of traffic. He also stated that the Expedition was parked within 23 feet of a stop sign which is a violation of parking within 30 feet of official traffic control device. He issued a citation of $30.00 for improper parking; obstructing traffic. Officer Ricardo Sorrell was on duty while attending the meeting. The City is requesting that the $30.00 citation be upheld. MOTION. Member Johnny Clark moved to uphold Citation #10610 for $ Seconded by Member Jack Litteral and carried unanimously CASE# Windermere Crossing Circle, Winter Garden, FL Sec Prohibited Uses and Structures FINDINGS OF FACT AND CONCLUSIONS OF LAW IN CASE # Senior Planner, Stephen Pash stated that the City had received several complaints from neighbors about traffic coming to and from Windermere Crossing Circle. The City was informed that the owners were operating a business at their home. It was determined that MAY 7, 2013 CEB MEETING MINUTES PAGE 3

4 piano classes were being held at the house as well as classes for The American University of Hindu Knowledge. This type of business is prohibited in the R -1 District. Homeowner Vivek Adesh stated that once he was informed that he could not have classes at his house he stopped immediately. He was informed by the City that he will need to have a commercial location for the piano classes and the University. After talking to Tanja Gerhartz and her suggesting to move the piano classes to a church, he now conducts the classes at Santoshi Maa Mandir Temple. Mr. Adesh has also signed a lease at a commercial location where the University will move. He stated that there are still vehicles coming and going from his home at the moment but that it is for the doctors and nurses of the in home health care that takes care of his ill father and not the traffic from his school anymore. He further stated that parents of the children from the school across the street park in front of and in his yard while waiting for the children and he does not want that confused with the traffic he was causing. Homeowner Robert Fournier Sr. stated that he lived on Rebecca's Run Dr. near Mr. Adesh and was formally on the HOA Board and according to the bylaws for the subdivision, the residence are prohibited from having a business at their homes. He has witnessed cars lined up in front of Mr. Adesh's residence on multiple occasions. He stated that Mr. Adesh has never approached the HOA about holding classes at his house and that he was concerned that Emergency Vehicles would not be able to get down the street due to the traffic in front ofmr. Adesh's residence. stated that the City still received complaints about the traffic in front of Mr. Adesh's residence but was unsure if it was due to classes still being conducted at the house or if it was for the in home health care. He also stated that according to the University website the main campus address is still listed as Windermere Crossing Circle, Winter Garden, FL. The City is requesting that the Board find Mr. Adesh non - compliant as of May 1, 2013 and give him 30 days to come into compliance and revise the University website to show the new commercial address. The City will monitor the property to confirm that the activity has ceased and that no more complaints are coming in from neighbors. MOTION. Member David Buckles moved in Case # that the respondent is in non - compliance as of May 1, The respondent has 30 days to come into compliance, the address for the University on the website should be changed immediately and a daily fine can be imposed if the respondent is found in noncompliance. Seconded by Vice Chairman John Benoit III and carried unanimously CASE# 13-49; Mildred Dixon Way, Winter Garden, FL Sec Prohibited Uses and Structures (13-50) Sec Poultry- Number Limited; Sanitation; Location (13-49) MAY 7, 2013 CEB MEETING MINUTES PAGE 4

5 FINDINGS OF FACT AND CONCLUSIONS OF LAW IN CASE # 13-49; Senior Planner, Stephen Pash stated that the violations on this property have been occurring for multiple years. It is an R -1 Zoning District and has had prohibited uses by operating a mechanics business and doing car work in the front yard. Mr. Pash shared pictures that show the driveway is covered in oil, an engine hoist that was moved from the front yard to the back yard, multiple vehicles in the back yard, a car up on a hoist, and a car with its hood up. The owners have put mesh on the fence to hide the cars in the back. They also had chickens on the property at one time but the property has been inspected and the chickens have been removed. The City is requesting a daily fine of $ be imposed until everything is cleared off the property, that there is no more activity going on, and they have gotten rid of all evidence of any type of mechanical business going on. MOTION. Based upon the testimony and evidence presented in Case # 13-50, Vice Chairman John Benoit III moved to find that the respondent is in violation of the Winter Garden Code of Ordinances as set forth in the Notice of Violation dated April 8, The Respondent shall correct the violation on or before the 15 day of May In order to correct the violation, the Respondent shall take the following remedial actions of shutting down all auto mechanic jobs and responsibilities at this residence and removing the vehicles from the property. The respondent shall contact the City of Winter Garden Code Enforcement Officer to arrange for an inspection of the property to verify compliance. Vice Chairman John Benoit further moved that based upon the testimony and evidence presented in case number 13-50, the Respondent has NOT corrected the violation as set forth in the Findings of Fact, Conclusions of Law, Order and Notice of Right to Appeal issued by this Board on the 7 day ofmay, 2013 and that a fine of $ per day be imposed against the Respondent beginning the 7 day of May, 2013, to continue each day until such date as the Winter Garden Code Enforcement Officer determines that the violation has been remedied. Seconded by Member David Buckles and carried unanimously ADJOURNMENT There being no further business to discuss, Vice Chairman John Benoit III moved to adjourn the meeting at 7:08 p.m. Seconded by David Buckles and carried unanimously 7-0. APPROVED: ATTEST: Chairman Joseph Skubas AMIA Custome rvice Rep Megan D'Avila MAY 7, 2013 CEB MEETING MINUTES PAGE 5