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HomeMy WebLinkAbout06-20-2013 MinutesTHE CITY OF OCOEE VIOLATIONS HEARING BOARD MEETING JUNE 20, 2013 CALL TO ORDER Member Ball called the Violations Hearing Board meeting to order at 7:01 p.m. in the Commission Chambers of City Hall and led the Pled of Allegiance to the Flag. The roll was called and a quorum declared. MEMBERS PRESENT: Members Amey, Garland, Laney, Lopez -Anderson, and Ball. MEMBERS ABSENT: Member Zielinski (excused). ALSO PRESENT: Lt. Dreasher, Staff -Liaison Sgt. Wagner, Cpl. Dewey Mullan, City Attorney Cookson, Ofc. Joseph Peterson, Court Clerk Decaul, and Recording Clerk Garza. REGULAR AGENDA A. Nomination and Selection of Officers A motion was made by Member Laney to nominate Member Ball for Chairman seconded bX Member Amev. Motion passed unanimously. A motion was made Member Garland to nominate Member Amey for Vice -Chair, seconded by Member Lopez -Anderson. A motion was made by Member Amev to nominate Member Laney for Vice -Chair, seconded bX Member Garland. Discussions ensued on the nominations and Member Amey stood down from her nomination. A vote was called to elect Member Laney for Vice -Chair, as motioned Motion passed unanimously. B. Approval of Minutes for April 18, 2013 Member Amey made a motion to approve the minutes for April 18 2013 seconded by Member Lopez -Anderson. Member Lanev reyuested the minutes for the Workshop on April 18 2013 reflect she was absent excused. The motion to approve the minutes as amended passed unanimously. Chairman Ball welcomed everyone and explained the procedures for the hearing. He swore in the officers and the complainant who were present. HEARING OF VIOLATIONS 201300018204 Edgar Montero — Mr. Montero expressed his wish to continue with the hearing and not abandon his appeal. Ofc. Peterson presented his evidence as to why a violation was Page 1 of 5 issued to Mr. Montero on May 19, 2013 at approximately 1:40 a.m. He continued by saying he checked the record and found two previous complaints, one on December 2, 2012, and another on May 27. 2012, both within a 12 -month period. He also stated he spoke to Mr. Montero before issuing him the violation; furthermore, Ofe. Peterson continued by saying when he arrived, he could hear music playing and a party taking place. Member Amey asked if it was loud. Ofe. Peterson replied he could hear the noise from the other side of the street, even when the party was taking place in the back yard and Member Amey asked if what he heard was music to which Ofe. Peterson replied yes. Vice -Chair Laney asked if Ofc. Peterson spoke with Mr. Montero before issuing the notice of violation and Ofe. Peterson explained he initially met with Mr. Montero's wife; she asked if she could turn the music down and he asked for her driver license. Mr. Montero then came out with his driver license and Ofe. Peterson explained to him there had already been two violations related to loud partying within a 12 -month period. City Attorney Cookson asked Ofc. Peterson if the previous incidents had been violations or complaints to which Ofe. Peterson replied those were complaints, and this was the third incident. City Attorney Cookson asked if warning notices had been given at that time and Ofe. Peterson replied the first one on May 27, 2012 was cleared as unable to locate or contact; the next one on December 2 was cleared peace restored or problem corrected which would be consistent with a verbal warning. Member Amey asked if the December 2 incident was related to music as well and Ofe. Peterson replied yes, loud partying. Member Lopez -Anderson asked if the clearance of unable to contact meant the officer was not able to speak to the homeowner and Ofc. Peterson replied yes. Member Lopez -Anderson further asked if it was because no one was home or because no one came to the door. Staff -Liaison Sgt. Wagner interjected by saying it could mean that the officer was unable to locate the noise or that no contact was made and since this is a generic clearance code the Police Department uses, without any notes, it is not possible to determine what the situation was. Member Garland asked then if someone calls to place a complaint without any basis, if there would be a record, even if unfounded, since it can't be verified due to the clearance code and Ofc. Peterson replied it could be possible. Discussions ensued on this matter. Vice -Chair Laney asked if during the December 2 incident, the responding officer asked for identification, to which Ofe. Peterson replied he did not know. Member Amey asked if it was on the record and Ofe. Peterson replied no because there was no report written but a verbal warning was given; he doesn't believe Ofc. Jessica Jackson would remember and furthermore explained Ofc. Steven's Bertrand responded to the other call but apparently was not able to locate anyone. Member Amey continued by asking if two notices are given before a violation is issued. then, in this case, is the second warning substantial. Ofe. Peterson replied by saying the ordinance states, within a 12 month period, after the first warning, a notice of violation can be issued; furthermore, all incidents occurred after midnight. Mr. Montero then addressed the board and apologized for any inconvenience this may have caused and continued by saying he is concerned because he was never notified of any prior incident and this took him by surprise. He continued by saying that on May 27, 2012 he was not home but his wife was; furthermore, his mother was terminally ill at the time and there would not have been any parties and he knows that his neighbor had a party around that date. Had he been aware of prior incidents, this would not be happening now. Vice -Chair Laney asked Mr. Montero if, according to his written statement, nobody was home on December 2. Mr. Montero replied he does not know but he can say he was not home and at that time his family was taking turns in caring for his mother and also, he was working in Ocala at that time. Vice -Chair Laney asked if he arrived later than 1:30 a.m. Mr. Montero replied he got home between 10:00 p.m. Page 2 of 5 and 11:00 p.m. Vice Chair Laney then asked if he had arrived home on December 1 since the incident happened on the early morning hours of December 2. Mr. Montero continued by saying he recalls it was a Saturday. Member Garland asked Mr. Montero if he had notified his neighbors of the party in May to which Mr. Montero replied he did not and also stated he believed they had a gathering for his daughter's birthday. Member Amey asked if he recalled a warning at that time to which Mr. Montero replied he did not. Lt. Dreasher interjected by saying the record shows there was no contact at that time and Vice Chair Laney continued by saying that in the December 2 incident at 1:33 a.m. the disposition is peace restored/problem corrected but we don't have the officer's testimony. Member Garland further asked if it could be possible the disposition of peace restored/problem corrected was due to no noise when the officer arrived but Lt. Dreasher replied the disposition in such a case would have been unfounded, and furthermore explained peace restored means the officer made contact and the issue was resolved with no report written. Member Garland asked if it could be the officer spoke to the neighbor who had called in the complaint since Mr. Montero denies ever having been notified of previous complaints. Member Laney asked Mr. Montero if his backyard is fenced but to a point where an officer could look in and Mr. Montero replied it is possible to see the backyard. Discussions ensued on this matter. Member Laney asked Ofc. Peterson how had he been able to contact Mr. Montero and Ofe. Peterson replied he had been in his patrol car when Mrs. Montero came out with another gentleman and saw him. Member Garland asked if the problem had been rectified when Ofc. Peterson left and Ofe. Peterson replied yes it had been. Vice Chair Laney asked Mr. Montero that if, at any time during December, any of his family members told him of a previous noise complaint to what Mr. Montero replied no. Vice Chair Laney continued by asking if any of Mr. Montero's family members came over to use his yard while he is away. Mr. Montero replied they did not due to his mother's illness. Member Amey asked if Mr. Montero knew who complained and he replied he did know but did not harbor any ill feelings. Member Garland asked Ofc. Peterson, if knowing what he knows now, would he have still issued the violation and Ofc. Peterson replied yes because although the first incident was cleared unable to contact, the second one indicates a verbal warning. Member Amey asked if during a verbal warning is there any kind of paperwork that needs to be signed and Ofc. Peterson replied there is not. Member Garland further asked if there is any kind of log kept with verbal warnings to which Ofc. Peterson replied no; however, there is a narrative area in the system for the purpose of adding notes but its use is not mandatory. Member Lopez Anderson asked any there is any letter following a verbal warning where the ordinance is explained. Ofc. Peterson explained the Ordinance is explained while on scene and pamphlets are given at that time. Member Anderson -Lopez asked City Attorney Cookson if this would be similar to the False Alarm Notices where a letter is sent out and City Attorney Cookson replied that not every instance is the same and not every occurrence merits a letter. Discussions ensued on this topic. Member Amey stated she is a little confused since there is no evidence of warnings given. Lt. Dreasher interjected by saying if he performed a traffic stop on Member Amey for speeding and gave her a verbal warning, there would not be evidence of a warning either; the only record available would be the fact of the traffic stop taking place. Discussions ensued on the difference between a verbal warning and a written warning. City Attorney Cookson read into the record: Page 3 of 5 § 113-8. Enforcement. B. Except for violations of § 113-6.E, the person or persons responsible shall be advised of any conduct prohibited herein by any City of Ocoee Police Officer or any other person authorized by the Chief of Police to enforce the provisions of this Chapter. After such warning, if any person shall continue or repeat said conduct or similar conduct within 12 months after such warning, then such person shall be issued a notice of infraction. No warning shall be required with respect to a violation of § 113-6.E. City Attorney Cookson stated that there seems to be no dispute over what occurred on May 2013 but the issue lies in if there was a prior warning within the 12 month period. If the board determines there was a prior warning, then the issuance of the violation is in order; however, if the board determines there was no prior warning, the issuance of the notice of violation is probably not in order. Member Lopez -Anderson stated she had a problem with May 27, 2012 with the unable to locate/contact disposition. Member Laney agreed and furthermore added it depends on if the board believes a warning was given on December 2, 2012. A motion yeas rade by Member Arne y to grunt the appeal seconded by Member Anderson - Lopez. Motion passed unanimously Vice -Chair Laney thanked Officer Peterson for enforcing the ordinances and Lt. Dreasher added that the Police Department will be changing the way calls are cleared in these cases to include a better account of what happened. Discussions ensued on this matter. Meeting Adjourned at 7:38 p.m.; board resumes for ordinance training. ORDINANCE TRAINING Lt. Dreasher began by saying he verified with the City Clerk's Office the need for Form 1 and was told this board is exempt. Also, copies of the ordinances are provided for review by the board members, for the purposes of general knowledge, and recommended these be added to the notebook provided at the last meeting. Chapter 48 Boats and Boating. This board will be concerned with hearing boat fishing violations. There have been no recent violations but it pertains to rules to adhere to per State Statute. Chapter 124 Parks and Recreation. Lt. Dreasher explained this is a new ordinance pertaining to park hours and noise violations at the parks. He continued by saying it also includes animal rules, skateboards, smoking, among others. Member Garland asked about permits for after- hours events at parks or if it includes ball games in progress and Lt. Dreasher replied the permits are only for special events such as Founder's Day and these requests go before the Commission for approval. He also stated he believed 124-6, Rules for Use of' City Parks and Facilities, is what is relevant for the purposes of the Violations Hearing Board. Member Lopez - Anderson asked if the new Community Center will be included in this ordinance. Staff Liaison Sgt. Wagner added the ordinance reads "outdoors recreation". Discussions ensued on this matter. Chapter 153 Right -of -Way Utilization Permitting. Lt. Dreasher continued by saying section 153-7, Golf Carts on Public Streets, is what is of interest to this board and it covers anything Page 4 of 5 from driving the golf cart in unauthorized places and driving the wrong way, to using oversized tires or unlawful parking. Discussions ensued on this matter and golf cart accidents. Chapter 164 Abandoned Property. Lt. Dreasher explained this new ordinance requires the registration of property in financial distress or that has been foreclosed on to avoid squatters; also, it holds the banks responsible for the upkeep of the property as well as providing a 24-hour contact for the Police Department to verify lawful occupancy of the house. Member Lopez - Anderson asked if this ordinance is in effect and Lt. Dreasher replied yes. He also added the City has made $24,000 so far. Discussions ensued on the benefits of this ordinance. Chapter 168-1 Parking Infractions. Lt. Dreasher continued by explaining these are the ordinances the Chief of Police has determined will come before the board. There have been discussions on other ordinances coming in front of the board but the Police Department will make sure the board members are aware beforehand. The Noise Ordinance will be changing soon because state laws changed, to include loud music coming from a vehicle, which will be allowed. Board discussions ensued on this matter. Lt. Dreasher continued by saying once the ordinance is changed. there will be more training. Also, the rest of the notebook contains information on voting conflicts and the Sunshine Laws, that basically state board members cannot discuss business outside public meetings. Member Amey asked Lt. Dreasher if the Police Department had been able to address the issue with the squatters down the street from her house. Lt. Dreasher replied reports were written and forwarded to the State Attorney's Office but he did not now the disposition or if the State Attorney is moving forward. Board discussions ensued on this matter. Member Anderson Lopez asked what happens if a property has been foreclosed on and it has not been registered. Lt. Dreasher explained there will be a $500 violation issued after certain steps have been taken. Member Anderson -Lopez expressed her agreement with this ordinance since now the banks are being held responsible and the City does not have to spend more money. Lt. Dreasher continued by reminding the board members to review the ordinances and Member Lopez -Anderson suggested these be posted on home owners" association websites for people to be aware of. Lt. Dreasher stated there is information in the City website on the Noise Ordinance as well as pamphlets. Board Discussions ensued. V. BOARD OR OFFICERS COMMENTS OR QUESTIONS Vice -Chair Laney thanked City Attorney Cookson for his assistance. Lt. Dreasher also said the board members will be getting new shirts with the new City logo. Member Lopez -Anderson thanked member Garland for his service to our Country. ADJOURNMENT Meeting Adjourned at 7:59 p.m. Respectfully Submitted" _q14 i� w Mad leine Ga a, -Recording Secretary David Ball, Chairman. Contact the City Clerk's Office to listen to an electronic copy of these minutes. Page 5 of 5