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HomeMy WebLinkAbout11-16-2016 Minutes THE CITY OF OCOEE VIOLATIONS HEARING BOARD MEETING NOVEMBER 17, 2016 CALL TO ORDER Chairperson Ball called the Violations Hearing Board meeting to order at 7:00 p.m. in the Commission Chambers of City Hall, led the Pled of Allegiance to the Flag, and Member Amey led the invocation. The roll was called and a quorum declared. MEMBERS PRESENT: Member Ball, Member Amey, and Member Lopez-Anderson. MEMBERS ABSENT: Member Laney (excused). ALSO PRESENT: Staff-Liaison Lt. William Wagner, Officer Joseph Peterson, Mr. Osvaldo Roche, and Recording Clerk Garza. Staff-Liaison Lt. Wagner welcomed everyone and explained the procedures for the hearing. Recording Clerk Garza swore in the witnesses and the officer who were present. HEARING OF VIOLATIONS OCPD16CAD035438, Notice of Violation 16464, Mr. Osvaldo Roche Mr. Osvaldo Roche states his name for the record and expresses his wish to move forward with the appeal. Ofc. Joseph Peterson begins by stating on Sept. 17, 2016 at 02:43 hrs. he responded to Laurel Blossom Circle reference a parking complaint of a vehicle violating several signs posted through the neighborhood that state no parking on the roadway from 11:00 PM to 06:00 AM. These signs are official signs placed by the City of Ocoee. He continues by saying there were a total of 26 vehicles parked in the roadway and in violation of the signs; these are two of the cases. One of the vehicles is a Silver Hyundai Santa Fe parked nearest to 2521 Laurel Blossom Cir., parked on the roadway during the times posted on the signs. He continues by saying he took pictures of the vehicles and the signs shown in the evidence packet. Member Amey asks where the sign is posted in relation to the vehicle. Ofc. Peterson replies the neighborhood is a large circle and he knows there is at least 4 signs posted at the four corners of the neighborhood; he took a picture of one of the signs and continued to write the parking violations to the 26 vehicles as described previously; he adds the signs have been up for about two months. Member Lopez-Anderson asks if the Santa Fe was parked near or at the location where the signs are posted and Ofc. Peterson replies the signs are posted on the four quadrants and does not know how close this vehicle was to the signs. Ofc. Peterson continues by saying it was the Homeowners' Association who had these signs installed and they allegedly informed the residents of the same; the residents were given about one month's grace period before enforcing the same. He continues by saying he was called by the Homeowners' Association President because of the vehicle parked on the roadway. Chairperson Ball asks if the board members have any other questions for the officer. Mr. Osvaldo Roche provides the board members with copies of FSS 316.006. He continues by saying that the Forest Trails subdivision is private property, the roads are private, and currently there is no traffic agreement between Forest Trails and the City of Ocoee Police Department. Member Lopez Anderson interjects and states the list provided by Mr. Roche names gated subdivisions, which do require traffic agreements because the roads are maintained the Home Owners' Association but Forest Trails is not gated, therefore Violations Hearing Board Meeting on November 17, 2016 the streets are public and maintained by the City of Ocoee. Mr. Roche says he has video showing the signs only on certain parts on the left side of the road and not where he parked. The signs should make it clear that parking is not permitted anywhere on the road and not just where the signs are posted. Mr. Roche continues by saying there was an issue with the Homeowners' Association before and they had to take down the signs. Member Amey says she can see the signs where vehicles are parked. Mr. Roche replies that is at the entrance of the subdivision, not where his home is and those signs state do not park between these signs but that is not where he parked. Staff-Liaison Lt. Wagner states the reason the signs came down before is that the Homeowner" Association did not have permission form the City to post the signs; after much legal discussion with the City Attorney, the Public Works Director and the Homeowners' Association, and after much pleading with the Homeowners' Association to not put the signs up, they voted to go ahead and put the signs up. This subdivision was platted for no parking on the roadways but after discussions with the Homeowners' Association, 12 signs were posted for no overnight parking including all streets in the subdivision. Mr. Roche continues by saying that according to the City Ordinance, there should be no parking on both sides of the street if the street is less than 26 feet in width and this road is 28 feet in width, therefore, the City is against its own ordinance. Staff-Liaison Lt. Wagner states Mr. Roche is referring to a subsection of the ordinance that state there are prima facie roadways, no parking on one side, whether signed or not due to road width, but subsection A 10 of 168-4 specifically states "at any place where official sign prohibits parking", and these signs are properly installed. Member Amey asks Mr. Roche why does he park on the street instead of his driveway and Mr. Roche replies he has three adult sons, and his dad lives with him too. He continues by saying that his dad is handicapped and now he has to park all the way down to the pool and then walk home. Member Amey asks what is the Homeowners' Association saying about additional parking. Mr. Roche replies residents are allowed to park at the pool area and there are no additional areas for parking. Staff- Liaison Lt. Wagner states he had extensive conversations with the Homeowners' Association and tried to dissuade them due to the lack of space for parking but they wanted to move forward with the installation of signs. Mr. Roche adds this has aggravated the situation because now people park on the sidewalks and on the grass which is dangerous for pedestrians. Discussions ensued. Member Lopez-Anderson asks if Mr. Roche has lived there for a long time and Mr. Roche replies he moved there two years ago and his realtor asked the Homeowners' Association and the seller about parking on the street and he was told parking on the street was allowed; this issue began a few months ago. Member Lopez-Anderson states she can understand no parking on both sides of the street to allow for emergency vehicles but this seems to be an issue with the Homeowners' Association. She continues by saying the no parking sign pictures show the signs with arrows pointing toward each other, and if this is accurate. Staff-Liaison Lt. Wagner adds those signs were pre-existing and cover daytime hours; the ones in question were placed later and include the overnight parking. People can park on the roadways during the day, unless specifically prohibited. Member Amey asks why it is parking allowed during the day but not overnight to which Mr. Roche replies this is the same question residents have asked and there is no answer. Ofc. Peterson replies one of the complaints has been a barbeque trailer that parks and cooks during the day, and parks overnight, which is an eyesore. Mr. Roche says that is a different issue and it is not fair to the rest of the residents. Discussions ensued. Staff-Liaison Lt. Wagner states the subdivision was platted for no parking any time but signs went up afterwards. Staff-Liaison Lt. Wagner reminds the board members that before making a determination, they need to consider whether Mr. Roche was in violation not whether the signs 2 Violations Hearing Board Meeting on November 17, 2016 were properly installed. Member Lopez- Anderson asks Ofc. Peterson if the no parking signs were next to the Santa Fe or not. Ofc. Peterson replies there is a sign in that quadrant and there are more, as Lt. Wagner pointed out; also, there are no arrows on these signs because they apply to the whole neighborhood. Mr. Roche replies he assumed parking was not allowed right where the no parking signs are and that parking is allowed where there are none. Member Amey asks Mr. Roche what is he doing moving forward with parking at the neighborhood to which Mr. Roche replies he and other neighbors will be attending Homeowners' Associations meetings and request they reconsider. Staff-Liaison Lt. Wagner states the Homeowners' Association cannot have the signs taken down since the City installed them. Member Amey asks what the procedure is to have this changed to which Staff-Liaison Lt. Wagner replies it may need Commission approval. Mr. Roche asks why where no sings put up in 2006 if the subdivision was platted for no parking on the roadways to which Staff-Liaison Lt. Wagner replies he does not know the answer to that but knows it was brought up by the Homeowners' Association, and the City's legal team researched and found out the subdivision was platted this way. Discussions ensued about the location of the signs. Member Amey asks Mr. Roche if the no parking signs gave him an indication that he should not park on the roadway to which Mr. Roche replies the first time the signs were up, they were up on both sides of the street and this time they are only on one side so he assumed he could park on one side of the street. Member Amey made a motion to grant Mr. Roche's appeal, seconded by Lopez Anderson. Motion passed 2-1, with Chairperson Ball voting against. OCPD16CAD035438,Notice of Violation 16463, Mr. Osvaldo Roche. Ofc. Peterson states the facts of this case are the same as the previous one; the notices of violation were issued two minutes apart. The vehicle in this case is Gray Jeep Grand Cherokee parked nearest to 2521 Laurel Blossom Circle. Chairperson Ball asks is there is additional testimony to which Ofc. Peterson replies it is the same situation as the previous case. Chairperson Ball would like to go on record and say that the purpose of the board is to determine whether an infraction took place or not, and in his opinion a violation did take place. His concern is that once an appeal has been granted in this situation, others will follow. Member Amey adds Mr. Roche knows what to do from now on until the signs come down and Mr. Roche states he does not park on the road anymore. Member Amey makes a motion to grant appeal MR. Roche's appeal, seconded by Member Lopez Anderson. The motion passed 2-1 with Chairman Ball voting against. Approval of Minutes for September 15, 2016 Member Lopez Anderson makes a motion to approve the minutes for September 15, 2016, seconded by Chairperson Ball. Motion passed unanimously. BOARD OR OFFICERS COMMENTS OR QUESTIONS Staff-Liaison Lt. Wagner answers a question for the board members by telling them during the last year,there have only been 25 noise violations and only one contest; that is why the board has not heard more cases. Staff-Liaison Lt. Wagner addresses the board members and tells them 3 Violations Hearing Board Meeting on November 17, 2016 that concerning the cases just heard; the board has invalidated signs officially installed by the City, based on what was ruled tonight. There was evidence of parking violations and he hoped the board members would have asked any questions if clarification was needed. Discussions ensued. Member Lopez-Anderson thinks there needs to be consistency and clarification on why signs are jut posted on one side of the road and not the other and the fact that the signs were coming up and down. Staff-Liaison Lt. Wagner replies all the residents had a say in the process and 60% voted in favor of the signs; also there was a two week warning period plus notifications of violations. Lopez Anderson states the Officer did not say if Mr. Roche had received any warnings. Staff-Liaison Lt. Wagner replies he does not know but he knows there were plenty of warnings. Discussions ensued Chairperson Ball asks if there are any other neighborhoods in the City like that one and Staff-Liaison Lt. Wagner replies he does not know; he knows that the only non-gated subdivision in Ocoee that owns their roadways is Windermere Groves. Discussions ensued. Meeting adjourned at 7:51 p.m. Respectfully S f,bmitted, irt0 ; U- U Azi;vi ea 4/A/ Madeleine Garza David Ball, Chairman 4