CEB_10-28-08_Min C®DE ENF®RCE=BNIENT ~®ARD
City Commissioin Chambers
175 W. Warren Ave.
Longwood, F1L 32750
October 28, 2008 ~ 7:00 P.M.
Present: Greg Vanatta, Chairman
Tim Dolan, Vice-Chairman
.Dudy Putz, Member
,Doanne Rebello, Member
Ernie Tolos, Member
Bruce Kubec, Member
.toe 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:
Chair Vanatta called the meeting to order at 7:OOpm. The Recording Secretary called the roll.
2. APPROVAL OF THE MINUTES:
The minutes from the September 23, 2008 meeting were presented. Member Putz moved
to accept the minutes of the September meeting, seconded by Member Tolos. Minutes
carried by a unanimous roll call vote.
Code Enforcement Board Atty. Goodblatt conducted the swearing in of witnesses.
3. REPORTS-CASE UPDATES:
Chief Thomas Jackson spoke to the board regarding the City of Longwood mowing grass. In
the past the city has intervened on cases that ithe grass is so high that it becomes a hazard to
the community but they don't make it a policy t:o do so. The City wants to avoid the
community looking to them as their .landscaping company. The City of Longwood uses a
third party company to provide a bid to do the mowing; the city does not want to be exposed
to any liability by placing an employee on the property to do the work. Once mowed it does
not bring the property into compliance since tree action is not made by the owner. The cost
for the mowing is passed along to the property owner.
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Chief confirmed that 1121 Selma was mowed and this was one that the city was going to
report back to the board on.
4. PUBLIC HEARINGS:
Chair Vanatta announced the case docket to see who was present. •
G. CEB 06-05-551 RUNGE, Jolhn, Linda & Roger
577 W. Church Avenue
Longwood, FL 32750
_ During the case docket call this case was discussed. The respondent has asked for another
continuance to which the city has no objection. Board Attorney Goodblatt spoke with Mr.
Runge and she was advised his attorney has withdrawn from the case and he requested that
his case not be heard at the November meeting but. instead at the January meeting. Board
Attorney Goodblatt advised him he would need board permission to continue it and she would
discuss it at the meeting.. Board Attorney Goodblatt reviewed with the board that this was a
case that went to appeals court and has been referred back for a re-hearing.
The board decided to continue. the case to the November 25th meeting unless there. are
extenuating circumstances which are documented in writing.
Chair Vanatta continued to announce the casE: docket to see who was present.
E. CEB 05-03-447 VU, Hong Nlai
Repeat g00 Wildme~re Avenue
Longwood, FL 32750
Code Officer Bonnie Howington spoke in regairds to this case. This is a second repeat
violation for High Grass & Weeds. On 7/16/08 a Notice of Violation was issued for High
Grass & Weeds per FSS 162 no compliance date is required and this was written on the
notice. This property has been brought before: the board twice in the past for the same
offense and there is currently a lien on the property. Re-inspections were conducted and
pictures were taken as evidence that the grass .had not been mowed. On 8/14/08 Courtney
Milam, the attorney for the property owner called to advise the contractor hired to mow was
scheduled to be at the property. Lt. Cohen and Code Officer Howington visited the property
and determined the property was in compliance. On 10/13/08 the Notice of Hearing was
mailed certified to the Property Owner and signed. for by S. Pudleuski on 10/15/08. The
property was in violation for a total of twenty nine (2~9) days. The elements of violation are,
excessive growth of weeds, .grass, undergrowi:h, 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 ecoinomic 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 a fine of ~~500 per day be imposed for the twenty nine
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(29) days the property was in violation. and that a $200 Administrative Cost be imposed and
that the fine and administrative fee be paid within 30 days of receipt of Final Orders.
Board asked questions of Code Officer Howington..
The respondent's attorney Stephanie Knott wars present to testify.
Board asked questions of respondent's attorney.
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 a repeat violation of CC, Chap. 38, 38-141 High Grass & Weeds.
Member Dolan moved to fine the respondent $500 a day for the 29 days in violation for a total
of $14,500 and a $200 Administrative Cost be assessed and. be paid within 30 days of receipt
of Final Orders. Seconded by Member Tolos a.nd carried by a unanimous roll call vote.
F. CEB 06-01-514 GAMBLE, Mary G.
Repeat 565 Preston Road
Longwood, FL 32750
Code Officer Bonnie Howington spoke in regards to this case. This is a repeat violation for
High Grass & Weeds. The respondent was found guilty on 1/25/06: On 8/13/08 a Notice of
Repeat Violation was issued for CC, Chap. 38, 38-141 High Grass & Weeds per FSS 162 no
compliance date. is required and. this was written on the notice. Re-inspections were
conducted and pictures were taken as evidence that the grass had not been mowed. Code
Officer Howington was in the subdivision on 1Q/08/08 and noticed the grass had been mowed
and was in compliance as of 10/08/08. On 10/13/08 the Notice of Hearing was mailed
certified to Mary Gamble at the La Quinta Inn in Lake Mary and was signed for by an
employee of La Quinta, Shelly Lavales on 10/115/08. A copy of the Notice of Hearing was
also posted at the property on 10/17/08 and at city hall per the instructions of the city's
attorney. The elements of this offense 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 I~~ndowners. The City is asking that the Board
find the respondent guilty of violating CC, Chap. 38, 38-141 as a repeat offender. The City
asks that a fine of $250 per day be imposed for the fifty five (55) days the property was in
violation .and that a $100 Administrative Cost ~~e imposed and that the fine and administrative
fee be paid within 30 days of receipt of Final Orders.
Board asked questions of Code Officer Howington.
The respondent, Mary Gamble was present to testify.
Board asked questions of respondent.
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Member Vanatta moved tin close the public hearing. Seconded by Member Putz and carried
by a unanimous voice vofiE~.
~ Member Dolan moved, based on the evidence seen and testimony heard to find the
Respondent guilty of a repeat violation of CC, Chap. 38, 38-141 High Grass & Weeds.
Member Dolan moved to fine the respondent $;250 a day for the 55 days in violation for a total
of $13,750 and a $100 Administrative Cost be assessed and be paid within 30 days of receipt
of Final Orders. Seconded by Member Putz and carried. by a unanimous roll call vote.
Member Durso left the dais after the conclusion of the Gamble case.
Chair Vanatta took a short break 8:03 - 8:1;2 p~.rn.
8. NEW BUSINESS:
A. CEB 08-01-701 BRIDLE, IVlichelle
148 13th Avenue
Longwood, FL 32750
Before this case was heard Mr.. Durso made it known that one. party involved in this case had .
donated to his campaign. It was decided it many appear to be a conflict and he will not
participate in this case.
Chris Hill, attorney for Michelle Bridle came before the board to confirm compliance of the
Final Orders dated April 3rd, 2008. There is a $200 penalty imposed by th'e Building
~ Department for work on a driveway without a ~?ermit, this penalty has not yet been paid and
the permit is therefore unable to be issued. Mir. Hill plans to go before the Commission to
deal with this particular point. He has formally made a request to Mr. Roper on May 1, 2008
to be added to the agenda to appear before the City Commission and has not received an
answer from him to date.
Board asked questions of Mr. Hill.
Discussion took place and regarding the issue of the Final Order dated April 3`d, 2008 the
board determined that compliance has not bef~n met since the Final Orders state that the
permit has to be paid for, picked up and properly posted. Chairman Vanatta brought the
matter to a close and advised Mr. Hill he can make a request to be put on the agenda and
come back before the board to discuss fines that are running at a later date.
B. CEB 07-08-664 KINSLEY, Kimberly
5'171PVinding Oak Lane
Longwood, FL 32750
Sean Post, Re/Max Real Estate Agent for the Dank, who is the current owner, came
before the board asking for aReduction/Elimination of the fines for property address 517
Winding Oak Lane, Longwood, FL 32750 which total $30,800 for case #07-08-664.
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Sean Post gave a brief history of the current situation of the property owners and of the
potential sale of the property should the fines be eliminated or lowered.
~ Board asked questions of Sean Post.
Board Attorney Goodblatt asked questions of i:he city.
Discussion took place and Member Durso moved to reduce the fine/lien to $1,0.00 if the
property is sold by December 1, 2008, otherwise the full amount of the lien is restored and
continues to run. Seconded by Member Putz sand carried by a 5:2 roll call vote.
4. PUBLIC HEARINGS:
A. CEB 08-10-748 CHAGNON, Yvonne 8< TIDWELL, Jereme
1022 Ream: Street
Longwood, FL 32750
Code Officer Robyn Winters spoke in regards to this case. The property is homesteaded and'
vacant also in foreclosure. On 8/12/08 a Notice of Violation was issued for CC, Chap. 38, 38-
141 High Grass & Weeds. Upon re-inspection on 8/27/08 a Notice of Non-Compliance was
issued to comply by 8/31/08. On 9/02/08 an inspection was done and nothing had changed.
On 10/06/08 Lt. Cohen mailed a letter asking for voluntary compliance. Attempts by the
Longwood Police Department to serve the Notice of Hearing were made on 10/13/08,
10/14/08 and 10/15/08 but were unsuccessful as the property is vacant. On 10/17/08 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. On 10/17/08 Code EnforcemE~nt Secretary received a call from Yvonne
Chagnon to state the property is in foreclosure and she no longer owns it, the bank has
changed the locks and any questions or concerns should be directed to Washington Mutual.
The elements of this offense 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 15 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 F=final Orders.
Board asked questions of Code Officer Winters.
The respondents were not present to testify.
Chair Vanatta moved to close the public hearing. The motion carried by a unanimous voice
vote.
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Member Kubec moved based on the evidence seen and testimony heard to find the
Respondent guilty of violating CC, Chap. 38, ?•8-141 High Grass & Weeds. Member Kubec
moved to give the respondent 15 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 Durso and carriied by a unanimous roll call vote.
H. CEB 08-04-710 RANDALL, V1lilliam Jr. ~ Jennifer
1515 Oriole Street
Longwood, FL 32750
Code Officer Robyn Winters spoke in regards to this case. This is a repeat violation that was
previously brought before the board on 4/22/08 and found guilty of violating CC, Chap. 38,
38-141 High Grass & Weeds. On 9/15/08 a Notice of Violation was issued and cited as
repeat violators for CC, Chap. 38, 38-141 High Grass & Weeds. Per FSS 162 no compliance
date is required and this was written on the notice. Re-inspections were done on the property
24 times between 9/16 - 1.0/28/08 and photographs taken. On 9/16/08 a Notice of Violation
was sent certified to Jennifer Randall who resides at 737 E. Church Avenue, Longwood and
was returned unclaimed. On 10/13/08., 10/14/08 and 10/15/08 the Notice of Hearing was
attempted to be served on Jennifer Randall by the Longwood Police Department but was
unsuccessful. On 10/17/08 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 both of the respondents. 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
as repeat violators. The City is asking that the Board find the respondent guilty of violating
CC, Chap. 38, 38-141 as a repeat offender. The City asks that a fine of $250 per day be
imposed for the forty three (43) days the propE~rty was in. violation and that a $300
Administrative Cost be imposed and that the fine and administrative fee be paid within 30
days of receipt of Final Orders.
Board asked questions of Code Officer Winter.
The respondents were not present to testify.
Member Vanatta moved to close the public hearing. 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 a repeat violation of CC, Chap. 38, 38-141 High Grass & Weeds.
Member Putz moved to fine the respondent $2.50 a day with a starting date of 9/15/08 for
every day of non-compliance and a $300 Administrative Cost be assessed and be paid within
30 days of receipt of Final Orders. Seconded key IVlember Tolos and carried by a unanimous
~ roll call vote.
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At the conclusion of the Randall case Member Putt. raised a question to Member Durso as to
why after the Gamble ease did he leave the Dais and invite the gentleman with Ms. Gamble
outside for a private conversation. Member Durso explained he has had conversations with
~ Mr. Austin regarding the Gamble property and how to help her remove the car and deal with
some of the issues she is having with her property. Chair Vanatta suggested it might be a
good idea in the future not to leave the dais during the course of the meeting.
6. UNFINISHED BUSINESS: None.
7. OLD BUSINESS: None
9. ADJOURNMENT: Chairman Vanatta adjoume~d the meeting at 9:03 PM
Greg Vanatta, Chair
1 ~
Michelle Long.` , R„ c rding Secretary
CEB 10-28-~08-7