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HomeMy WebLinkAbout04-18-2013 Minutes THE CITY OF OCOEE VIOLATIONS HEARING BOARD MEETING APRIL 18, 2013 CALL TO ORDER Staff - Liaison Sgt. Wagner called the Violations Hearing Board meeting to order at 7:01 p.m. in the Commission Chambers of City Hall. The roll was called and a quorum declared. MEMBERS PRESENT: Members Amey, Ball, and Zielinski. ALSO PRESENT: Lt. Dreasher, Staff - Liaison Sgt. Wagner, Cpl. Dewey Mullan, Assistant City Attorney Drage, Ofc. John Park, Ofc. Trista Blake, Court Clerk Decaul, and Recording Clerk Garza. MEMBERS ABSENT: Members Garland (excused), Laney (excused), and Lopez- Anderson (excused). Staff - Liaison Sgt. Wagner stated the first order of business should be to elect a chairperson. Member Ball volunteered for this meeting. A motion was made by Member Amey to nominate Member Ball as the Chairman for this meeting, seconded by Member Zielinski. Motion passed unanimously. Chairman Ball asked everyone present to stand for the pledge of allegiance. He welcomed everyone and explained the procedures for the hearing. He swore in the officers and the complainant who were present. HEARING OF VIOLATIONS 201300006659 Bass- Ofc. Blake presented her evidence as to why a violation was issued to Mr. Bass. Mr. Bass submitted an affidavit to contest the violation. Ofc. Blake explained at her arrival she could hear people talking across the street, and when she approached the house, she could hear the music playing on the porch. Ofc. Blake continued by saying she contacted Dispatch and confirmed Mr. Bass had been issued a prior violation. Member Zielinski asked if there was a violation earlier and if this was the second one. Ofc. Blake replied Dispatch advised her one had been issued prior so she issued him a second one for two- hundred and fifty dollars. Member Zielinski asked if the board was hearing the second one because his copies state the first offense is one - hundred and fifty dollars. Staff Liaison Sgt. Wagner added there are two notices of violation for the same person and advised the cases may have been called in reverse order. Staff - Liaison Sgt. Wagner asked Chairman Ball to have a moment with Assistant City Attorney Drage to clear a point. Assistant City Attorney Drage stated that perhaps it would be better to hear the first violation first and then the second one in the event the board would like to impose a more severe fine for that one and further recommended this consideration be stopped and begin with the initial one. 201300006659 Bass- Assistant City Attorney Drage stated the difference in the new fine schedule as opposed to the fine stated on Mr. Bass' violation, and further explained he was given an opportunity to not go forth with the hearing and to adhere to the new fine schedule but Mr. Bass decided to go forth. Ofc. John Park presented his evidence as to why a violation was Page 1 of 4 issued to Mr. Bass on February 24. Mr. Bass submitted a contesting affidavit to contest the violation. Ofc. Park explained that upon arrival, he could hear the music coming from the front porch, even when his vehicle window was up and the door closed. He also called Dispatch to find out if there had been any previous calls to the residence and showed four other calls for noise complaints had been placed since October. Chairman Ball asked about the previous calls and Ofc. Park explained he inquired about those to assess whether to issue a warning or a violation. Mr. Bass stated he understood that this occurred after midnight but said on previous occasions officers had come earlier, at seven o'clock or eight o'clock, and given him conflicting information as to what the volume setting on the radio should be. Mr. Bass continued by saying he understands and respects the Noise Ordinance but it has gotten to the point where he feels harassed because he can't even listen to the radio after work. Also, he added, he wanted to apologize to the City for any fault on his part. Member Amey asked if this had happened at 12:20 a.m. and Mr. Bass replied yes. Member Amey continued by saying Ofc. Park thought the music was loud. Mr. Bass stated he had left home while some friends were over and apparently it got loud; when he came back, his wife told him about the violation. Mr. Bass continued by saying he believes there have not been any calls since then. Ofc. Park stated there have been seven other calls for noise since then. Mr. Bass replied that even some of the officers agree with him that it could be harassment because they could not hear any noise, and he feels it has gotten to the point where he can't talk on his front porch. Member Amey asked at what time. Member Zielinski stated the earliest call had been at 8:35 p.m. and the latest at 12:20 a.m. Mr. Bass stated he does not come out to his porch anymore because he is scared he will get another violation. Member Amey asked when the last call was. Ofc. Park stated his records show March 16, just after 11:00 p.m. Chairman Ball asked if a violation of the Ordinance occurred since the board is here to determine whether a violation occurred or not; also, how loud was the music and where the music could be heard from. Ofc. Park replied he was parked on the opposite side of the street with his windows up, the vehicle running and he could hear the radio and estimated the noise could be heard 50 yards away. Member Amey stated that at that time, when people are trying to sleep, any noise is a nuisance and asked what the fines are. Assistant City Attorney Drage explained the notice of violation states one hundred and fifty dollars, but under the new Resolution, the fine is fifty dollars for the first violation, and for the second one is one - hundred dollars, previously two - hundred and fifty dollars; however, the board can impose any amount they feel is appropriate, up to two - hundred and fifty dollars. Member Zielinski added that on top of the fine there is still the administrative fee of fifty dollars. Assistant City Attorney Drage stated there is a hearing fee of ten dollars and an administrative fee of fifty dollars, if the board finds the violation was appropriate. Member Amey made a motion to deny the appeal, seconded by Member Zielinski. Motion carried unanimously. Member Amey made a motion to set the fine at twenty dollars, seconded by Chairman Ball. Motion carried unanimously. 201300007640 — Brian Bass — Ofc. Trista Blake presented her evidence as to why a violation was issued to Mr. Bass. She stated she was called because of a noise complaint and, as she approached the front porch, she could hear the music. She explained the Ordinance to Mr. Bass, and when she verified with Dispatch, she was advised of a previous violation issued. Member Zielinski asked if this was the first time since February 24 or if there had been any other Page 2 of 4 instances in- between. Ofc. Blake replied that to her knowledge, the first time she went to Mr. Bass' house after February 24 was on March 2. Member Amey asked if it was at 9:32 p.m. Ofc. Blake replied yes. Member Zielinski asked if the Police had been there since. Ofc. Blake stated yes. Member Zielinski asked if for noise. Ofc. Blake stated yes, approximately five other times since she issued the violation. Member Amey asked at what time and Ofc. Blake replied at approximately ten o'clock. Member Zielinski asked the dates and Ofc. Blake replied March 15 and March 16. Mr. Bass stated this is what he was referring to earlier about several officers showing up at different times and he felt it was harassment because he was talking just like he is now or maybe a somewhat louder. Member Zielinski asked if March 16 was the last time and Ofc. Blake replied yes. Member Zielinski pointed out the fact that it appears as though there has been an improvement since there have not been any other calls since. Member Amey asked Ofc. Blake if when she first came was there music playing or was there talking. Ofc. Blake replied she first heard talking and, once she approached the porch, she could hear the radio. Member Amey asked if Ofc. Blake could hear the radio from the street to which she replied she could not. Member Zielinski asked if it was talking or screaming. Ofc. Blake replied it was talking. Member Amey made a motion to grant the appeal seconded by member Zielinski. Motion carried unanimously. ADJOURNMENT Meeting adjourned at 7:38 p.m.; board resumes for new business. Staff - Liaison Sgt. Wagner asked if the board was familiar with the Noise Ordinance and encouraged the board to read it and ask any questions they may have. Member Amey asked if there is something they should know. Staff Liaison Sgt. Wagner stated he is just encouraging the board to be familiar with the Ordinances. Assistant City Attorney Drage stated the Noise Ordinance remains the same except for the penalties and procedures part of it and stated she will make sure all members get copies of the most current versions of the Ordinances this board will be considering. REGULAR AGENDA A. Approval of Minutes for May 17, 2012 Member Amey made a motion to approve the Minutes for May 17, 2012, seconded by Chairman Ball. Motion carried unanimously. B. Nomination and Selection of Officers Chairman Ball stated this item will be tabled to the next meeting. BOARD OR OFFICERS COMMENTS OR QUESTIONS Member Amey asked the opinion of the Officers present. Staff - Liaison Sgt. Wagner stated he thought it was important for the board to review the Ordinances before the hearings. Member Zielinski stated he thought the board made the correct decisions and Lt. Dreasher added he thought Mr. Bass understood the reasoning. Also, he stated he would get copies of the Ordinances and make sure every member of the board has one. Lt. Dreasher continued by Page 3 of 4 ' explaining the City decided the Violations Hearing Board will be hearing different violations to several ordinances and, now with this new Resolution, there is a fee schedule set by the Commission that allows for a faster process. Staff - Liaison Sgt. Wagner suggested the type of violation be added to each case the board will be hearing so they can be prepared. Lt. Dreasher stated he wishes the board meets next month, regardless of any hearings, to take care of the tabled official business for the nomination and selection of officers and to update other members on what happened tonight. ADJOURNMENT Meeting adjourned at 7:48. Respectfully Submitted, n 7111 � r J 9 � ka4‘‘i `' ��t Madeleine Garza, Recording Secretary David Ball, Chairman. Contact the City Clerk's Office to listen to an electronic copy of these minutes. Page 4 of 4