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CEB_09-23-08_Min C®DE E:I~F®RCE=INIEIVT R®~4RD City Commission Chambers 175 W. Warren Ave. Longwood, FI_ 32750 September 23, 2008 7:00 P.M. Present: Greg Vanatta, Vice-Chairman Judy Putz, Member Joanne Rebello, Member Ernie Tolos, Member Tim Dolan, Member . Bruce Kubec, Member Joe Durso, Member Also. Present: Amy Goodblatt, Board Attorney Angel Lamarre, Interim City Attorney Russ Cohen, Lieutenant; Bonnie Howington, Code Enforcement Officer Robyn Winters, Code Enforcement Officer Michelle Longo, Recordiing Secretary 1. CALL MEETING TO ORDER/ ROLL CALL: Vice-Chair Vanatta called the meeting to order at 7:OOpm. The Recording Secretary called the roll. 2. MOMENT OF SILENCE FOR BOB LOMAX 3. APPROVAL OF THE MINUTES:. The minutes from the June 24, 2008 meeting were presented. Member Tolos moved to accept the minutes of the June meeting, seconded by Member Putz. Minutes carried by a unanimous roll call vote. 4. ELECTION OF OFFICERS: A. Member Putz made a motion to .nominate Vice-Chair Vanatta as Chair. Motion carried by a unanimous roll call vote. B. Member Durso made a motion to nominate Member Dolan as Vice-Chair, seconded by Member Putz. Motion carried; by a unanimous roll call vote. 5. REPORT CASE UPDATES: None CEB 09-23•-08-1 6. PUBLIC HEARINGS: ~ Code Enforcement Board Atty. Goodblatt conducted the swearing, in of witnesses and Chair Vanatta announced the case docket to see who was present. B. CEB 08-08-738 FREYIIAAN, Alexander 217 E. SR 434 Longwood, FL 32750 Code Officer Bonnie Howington spoke in regards to this case.. On 6/30/08 a Notice of Violation was issued for LDC, Art. V, 5.4.4 (B) Vehicle Sales and LDC, Art. IIJ, 3.5.3 (D) Landscaping. The tenant Longwood Truck & Auto Sales has moved from this location and the only issue we are left with is the Landscaping. This section of the code requires that all landscaped areas shall be continually maintained in a healthy, vigorous growing condition, free from disease or pests. Required plants that are diseased or dead shall be replaced with plants of similar species and similar size to thE~ lost plants. Adequate irrigation shall be required. There is a copy of the approved site plan for this location which shows what was required and also that an irrigation system was required. The absence of hedges along the front of the property is what the city has an issue with. A Notice of Violation was issued on 6/30/08 to comply by 7/6/08. Upon re-inspection on 8/01/08 a Notice of Non-Compliance was issued to comply by 8/05/08. On 8/05/08 another inspection was done and nothing had changed. On 9/05/08 the Notice of Hearing was prepared and mailed certified to Mr. Freyman and signed for on 9/08/08., The City is asking that the Board find the respondent guilty of violating LDC, Art. III, 3.5.3 (D) Landscaping. The City asks that the respondent be given 30 days from the date of service of final orders to bring the property into compliance or a fine of $100 per day be imposed until they amply. Also asking for an Administrative Cost of $100 be imposed and paid within 15 days of receipt of Final Orders. Board asked questions of Code Officer Howington. The respondent, Alexander Freyman was pre:>ent to testify. Board asked questions of respondent. Member Tolos moved to close the public hearing.. Seconded by Member Putz and carried by a unanimous voice vote. Member Dolan moved based on the evidence seen and testimony heard to find the Respondent guilty of violating LDC, Art. III, 3.~i.3 (D) Landscaping. Member Dolan moved to give the respondent 30 days from receipt of Final Orders to bring the property into compliance or a penalty of $100 per day be imposed until the property is in compliance and an Administrative Cost of $1.00 be assessed and be paid within 15 days of receipt of Final Orders. Seconded by Member Tolos and carried by a unanimous roll call vote.. E. CEB 08-09-741 BARTELINI~(, Deborah 811 Hillary Court Longwood,.. FL 32750 CEB 09-23-08-2 Code Officer Bonnie Howington spoke in regards to this case. On 7/24/08 a Notice of ~ Violation was issued for CC, Chap. 86, 86-54 Inoperable Vehicles, CC, Chap. 18, 18-221 Outdoor Storage and CC, Chap. 38, 38-141 Hiigh Grass & Weeds. The grass issue has been taken care of, but the other two violations havE; not. The Notice of Violation was issued on 7/24/08 afters red SUV was observed in the driveway with a flattire. The code requires that Inoperable Vehicles be properly stored within a garage or carport or in the side or rear yard with proper screening with a 6 foot solid fence,: wall or dense hedge. Also cited a violation for CC, Chap. 18, 18-221 Outdoor Storage as there was a large wooden box under the SUV and a few other items in front of the garage. Per city code, outdoor storage is not permitted in the front yard of residential districts. Compliance ~Nas to have been met by 7/31./08. Upon re- inspection on 7/31/08 a Notice of Non-Compliance was issued to comply by 8/04/08. On 8/04/08 an inspection was done and nothing had changed. On 8/06/08 Code Officer Bonnie Howington spoke with Ms. Bartelink and an extension was granted until 8/11/08. On 8/11/08 another inspection was done and nothing had changed. Orn 9/04/08 Lt. Cohen mailed a letter asking for voluntary compliance. On 9/08/08 the Notice of Hearing was prepared and served on Deborah. Bartelink at 8:00 p.m. by Officer A. Caroen of the Longwood Police .Department. The City is asking that the Board find the respondent guilty of violating CC, Chap. 86, 86-54 Inoperable Vehicles and CC, Chap. 18, 18-22'I Outdoor Storage. The City asks that the respondent be given 5 days from the date of service of final orders to bring the property into compliance or a fine of $100 per day per violation be imposed until they comply. Also asking for an Administrative Cost of $10.0 be imposed and paid within 14 days of receipt of Final Orders. Board asked questions of Code Officer Howinc~ton. The respondent, Deborah Bartelink was present to testify. Board asked questions of respondent: Member Putz moved to close the public hearing. Seconded by Member Dolan and carried by a unanimous voice vote. Member Dolan moved based on the evidence seen and testimony heard to find the Respondent guilty of violating CC, Chap. 86, 8~6-54 Inoperable Vehicles and CC, Chap. 18, 18-221 Outdoor Storage. Member Dolan moved to give the respondent 30 days from receipt of Final Orders to bring the property into compliance or a penalty of $100 per day per violation be imposed until the property is in compliance and an Administrative Cost of $50 be assessed and be paid within 30 days of receipt of Final Orders. Seconded by Member Tolos and carried by a unanimous roll call vote. J. CEB 08-09-746 LONGWOOD OFFICE PARK, LLC E. SR 434 -Common Area Longwood, FL 32750 Code Officer Bonnie Howington spoke in regards to this case. When this case began it started with three violations including one for violation of the sign code,. one for stormwater CEB 09-23••08-3 issue and then this landscaping issue. Both the sign and stormwater issues have been resolved.. The violation that is still outstanding is a violation of LDC, Art. III, 3.5.3 (D) Landscaping Maintenance. The City of Longwood has a site plan that shows the landscaping ~ that was required. At the front of the property, which abuts E. SR 434, the hedges are missing and some of the trees have been removed or replaced. This section of the code requires that all .landscaped areas shall be continually maintained in a healthy, vigorous growing condition, free from disease or pests. Required plants that are diseased or dead shall be replaced with plants of similar species and similar size to the lost plants. Adequate irrigation shall be required,. On 8/12/08 a Notice of Violation was issued for LDC, Art. III, 3.5.3 (D) Landscaping Maintenance. Compliance was to have been met by 8/19/08. Upon re- inspection on 8/25/08 a Notice of Non-Compliance was issued to comply by 8/27/08. On 9/03/08 an inspection was done and nothing had changed. On 9/04/08 Lt. Cohen mailed a letter asking for voluntary compliance. Ori 9/06/08 the Notice of Hearing was prepared and mailed certified to the Property Owner and the Registered Agents and signed for on 9/10/08, but the Notice of Hearing sent to the property owner had not been picked up. On 9/12/08 the Notice of Hearing was posted at the property and also at City Hall. An affidavit was introduced evidencing that the property was pasted and that first class mail had been sent to the respondent. The City is asking that the Bo~~rd find the respondent guilty of violating LDC, Art. III, 3.5.3 (D) Landscaping Maintenance. T`he City asks that the respondent be given 30 days from the date of service of final orders to bring the property into compliance or a fine of $100 per day be imposed until they comply. A,Iso asking for an Administrative Cost of $100 be imposed and paid within 30 days of receipt of Final Orders. Board asked questions of Code Officer Howington. Paul Sizemore was present and answered questions. The respondent, Greg Hoo was. present to tesitify. Board asked questions of respondent. Member Kubec moved to close the public hearing. Seconded by Member Putz and carried by a unanimous voice vote. Member Putz moved based on the evidence seen and testimony heard to find the Respondent guilty of violating LDC, Art. III, 3.5.3 (D) Landscaping. Member Putz moved to give the respondent 60 days from receipt of Final Orders to bring the property into compliance or a penalty of $100 per day be imiposed until the property is in compliance and an Administrative Cost of $100 be assessed and be paid within 30 days of receipt of Final Orders. Seconded by Member Rebello. Discussion took place and Member Putz amended her motion to state "give the respondent 60 days from receipt of Approved Site Plan to bring the property into compliance". Seconded by Member Kubec and carried by a unanimous roll call vote. Chair Vanatta took a short break 8:04 - 8:.12 p.m. CEB 09-23~-08-4 8. NEW BUSINESS: ~ A. Michelle Bridle; Case No. 08-01~-701 Continued to October Meeting. There was no proof that the Respondent and her attorney were given notice of the Hearing. Both counsE~l and the Respondent will receive Notice from the City as to the new date. B. CEB 07-11-689 & 08-05-715 TOMIVIASELLO, Stanley 8~ Sandra 885 Pasadena Avenue Longwood, FL 32750 Jim Foy, Security Financial Real Estate Agent for Stanley & Sandra Tommasello came before the board asking for aReduction/Elimination' of the fines for the property located at 885 Pasadena Avenue, Longwood, FL 32750 which total $131...,500 for case #07-11-689 and .$9,.900 for case #08-05-715 with fines still running. Jim Foy gave a brief history of the current situation of the property owners and of the potential sale of the property should the fines he eliminated or lowered. Board asked questions of Jim Foy. Board Attorney Goodblatt asked questions of i:he city. Board asked questions of potential buyer. ~ Discussion took place and Member Putz moved to reduce the fine/lien to $2,500 if the property is sold and brought into compliance by January 1, 2009, otherwise the full amount of the lien is restored and continues to run. Seconded by Member Tolos and carried by a 6:1 roll call vote. 6. PUBLIC HEARINGS: D. CEB 08-09-740 KRAMER, 16Aichael 171 E. Lake Avenue Longwood, FL 32750 Code Officer Bonnie Howington spoke in regards to this case. On 7/25/08 a Notice of Violation was issued for CC, Chap.. 86, 86-83 Boats,, Trailers & RV's which requires that boats, trailers and RV's must be stored in the side or rear yard and be screened on all sides by a 6 foot solid fence, wall or dense hedge. Compliance was to have been met by 8/03/08. Upon re-inspection on 8/07/08 a Notice of Non-Compliance was issued to comply by 8/11/08. On 8/11/08 an inspection was done and nothing had changed. On 9/04/08 Lt. Cohen mailed a letter asking for voluntary compliance. On 9/08/08 the Notice of Hearing was prepared and sent certified to the respondent which was uncaaimed and notice left. On 9/12/08 the Notice of Hearing was posted at the property and also at City Hall. An affidavit was introduced evidencing that the property was posted and that first class mail had been sent to the CEB 09-23-•08-5 respondent. The City is asking that the Board find the respondent guilty of violating CC, Chap. 86, 86-83 Boats, Trailers & RV's. The City asks that the respondent be given 5 days from the date of service of final orders to bring the property into compliance or a fine of $100 ~ per day be imposed until they comply. Also asking for an Administrative Cost of $100 be imposed and paid within 30 days of receipt of (Final Orders. Board asked questions of Code Officer Howington. The respondent, Michael Kramer was not present to testify. Member Putz moved to close the public hearing. Seconded by Member Rebello and carried by a unanimous voice vote. Member Dolan moved based on the evidence seen and testimony heard to find the Respondent guilty of violating CC, Chap. 86, ~c6-83 Boats, Trailers & RV's. Member Dolan moved to .give the respondent 5 days from receipt of Final Orders to bring the property into compliance or a penalty of $100 per day be irruposed until the property is in compliance and an Administrative Cost of $100 be assessed and be paid within 30 days of receipt of Final Orders. Seconded by Member Durso and carriied by a unanimous roll call vote. H. CEB 08-09-744 CARRASCC), Ismael Jr. 1121 Selma Road Longwood, FL 32750 . Code Officer Robyn Winters spoke in regards to this case. This is the 6th time this property has been in violation of CC, Chap. 38, 38-141 High Grass & Weeds since 2006, three times in 2006 and twice in 2007, and had been brought into compliance. On 8/02/08 a Notice of Violation was issued for CC, Chap. 38, 38-141 High Grass & Weeds. Compliance was to have been met by 8/09/08. Upon re-inspection on 8/12/08 a Notice of Non-Compliance was issued to comply by 8/16/08. On 8/18/08 an inspection was done and nothing had changed. On 9/09/08 the Notice of Hearing was attempted to be served by Officer Reiss of the Longwood Police Department. On 9/12/08 thE~ Notice of Hearing was posted at the property and also at City Hall. An affidavit was introduced evidencing that the property was posted and that first class mail had been sent to the respondent. The property was re-inspected today 9/23/08 and is still not in compliance. The elements of offenses are, excessive growth of weeds., grass, undergrowth, dead/living plant life and the property is within 100 feet of improved property within the City of .Longwood and the property may reasonably become infested with rodents/vermin/wild animals, furnish a breeding ground for mosquitoes and adversely imPact/impairs economic welfare of adjacent landowners. The City is asking that the Board find the respondent guilty of violating CC, Chap. 38, 38-141 High Grass & Weeds. The City asks that the respondent be given 7 days from the date of service of final orders to bring the property into compliance or a fine of $100 per day be imposed until they comply. Also asking for an Administrative Cost of $100 be imposed and paid within 30 days of receipt of Final Orders. Board asked questions of Code Officer Winters. The respondent, Ismael Carrasco Jr. was not (present to testify. CEB 09-23••08-6 Member Putz moved to close the public hearinig. Seconded by Member Dolan and carried by a unanimous voice vote. ~ Member Putz moved based on the evidence seen and testimony heard to find the Respondent guilty of violating CC, Chap. 38, 3~8-141 High Grass & Weeds. Member Putz moved to give the respondent 7 days from receipt of Final Orders to bring the property into compliance or a penalty of $100 per day be imposed until the property is in compliance. An Administrative Cost of $100 be assessed and !be paid within 30 days of receipt ofi Final. Orders. Seconded by Member Tolas. Discussion took place and Member Putz amended her motion. to state "Give the respondent 7 days from receipt of Final Orders to bring the property into compliance or a penalty of $100 per day b~e unposed until the property is in compliance. The City is instructed to report to the Code Eniforcement Board at the next meeting as to whether it will mow if the property does not come into compliance. An Administrative Cost of $100 be assessed and be paid within 30 days of receipt of Final Orders." Seconded by Member Tolos and carried by a 6:1 roll call voi:e. 6. UNFINISHED BUSINESS: None 7. OLD BUSINESS: None 9. ADJOURNMENT: Chairman Vanatta adjourned the meeting at 9:41 PM ~ Greg Vanatta, Chair Michelle Longd eco di Secretary CEB 09 23~-08-7