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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. CEB 10-28-08-1 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 Runge and she was advised his attorney has withdrawn from the case and he requested that his case not be heard at the November meeting but.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 CEB 10-28•-08-2 (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. CEB 10 28-08-3 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. CEB 10-28-08-4 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. CEB 10-28-08-5 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. CEB 10-28-08-6 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