CEB_11-25-08_Min CODE ENFORCEMENT BOARD
Cit~i C.ommissic~n Chambers
175 W. Warren Ave.
Longwood, 1= L 32750
November 25, 2008 7:00 P.M.
Present: Greg Vaniatta, Chairmann
Judy Putz, Member
Joanne Rebello, Member
Bruce K~bec, Member
John Austin, Member
Also Present: Amy Goodblaft, Board .Attorney
Angel Laimarre, Interim City Attorney
Russ Cohen, Lieutenant
Bonnie Howington, Code Enfarcement Officer
Robyn Winters, Code Enforcement Officer
Michelle ILongo, Recording Secretary
Absent: Tim Dolain, Vice-Chairman
Ernie Toros, Member
1. CALL MEETING TO ORDER/ ROLL CALL:
Chair !~!anatta called the meeting to order at i':03pm. The Recording Secretary called the roll.
2. APPROVAL OF THE MINUTES:
The minutes fronn the October 28, 2008 meeting were presented. Member Kubec moved
to accept the minutes of the October meeting, seconded by Member Putz. Minutes
carried by a unanimous voice vote with Vice-~~hairman Dolan and Member Tolos absent.
Chair Vanatta announced the case docket to see who was present.
3. REPORTS-CASTE UPDATES: None.
4. PUBLIC HEARINGS:
Code Enforcement Board Atty. Goodblatt conducted the swearing in of witnesses.
I. CEB 06-05-551 RUNGS, John, Linda & Roger
Relpeat 577 V61. Church Avenue
Longwood, FL 32750
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Code Officer Bonnie Howington spoke in reg;~rds to this case. This is a repeat violation. The
ease was originally brought to the board on 05/23/06 and the Board found the respondent
guilty and imposed a fine and an administrative fee. The respondent filed an appeal with the
Circuit court in Seminole County, Appeal Cake #07-63-AP. The appeal was heard by the
Honorable ,Judge Powell who vacated the orders of the Code Enforcement Board due to a
lack of sufficient substantial competent evidence and issued a mandate on May 12, 2008 for
a new hearing.
This ease is being presented to you as a repeat violation. The violation was for High Grass
and Weeds and was cited under CC, Chap.:>8, Sec. 38-141 on 9/7/06 with no compliance
date required per FS 162, which was stated on the notice along with the information that this
case could be brought before the board even if compliance was met which is a requirement
for FS 162. The elements of violation 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 adjacf~nt landowners. Re-inspections were done on 9/11, 9/14, 9/18, 9/21 and
10/7/06. On 10/13/06 a re-inspection was done and the grass had been mowed bringing the
property into compliance. On 11/14/08 the Notice of Hearing was posted at the property and
also at City Hall. An affidavit vas introduced evidenring that the property was posted and
that first class mail had been sent to the respondent. The City is asking that the Board find
the respondent guilty as a repeat violator of CC, Chap. 38, 38-141 High Grass & Weeds. The
City asks that a ine of $300 per day be imposed for the twenty five (25) days the property
was in violation and that a $100 Administrative Cost be imposed and that the fine and..
administrative fee be paid withiin 30 days of receipt of Final Orders.
~ Board asked questions of Code Officer Howington.
The respondent Roger Runge was present to testify. Mr. Runge presented photos to the
board.
City of Longwood asked questions of respondent. Respondent asked questions of the Code
Board. He was reminded to keep his questions relevant to the matters at issue or he would
lose his time before the Board.
Member Putz moved to close 1the public hearing. Seconded by Member Rebello and carried
by a unanimous voice vote with Vice-Chairmen Dolan and Member Tolos absent.
Member Putz moved based ors the evidence ;peen 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 $300 a day for the 25 days in violation for a total
of $7,500 and a $100 Administrative Cost be assessed and be paid within 30 days of receipt
of Final Orders. Seconded by Member Kuber and carried by a unanimous roll call vote with
Vice-Chairman Dolan and Member Tolos absent.
Chair Vanatta took a short break 7:59 - 8:U5 p.m.
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8. NEW BUSINESS:
~ A. CEB 04-08-397 BAE:Z, Rene 8< Juanita
CEB 04-08-397 Repeat 434 Longwood Circle
CEB 04-08-397 Repeat #2 Longwood, FL 32750
Attorney Scott Baker with Zimmerman, Kiser & Sutcliffe law firm came before the board with
Rene Baez, Jr. who is the property manager and has Power of Attorney to ask for a reduction
in fines. Attorney Scott Baker explained whit they have been doing differently, what
recommendations were discussed with Mr. Baez Sr., and what has now been put in place.
They have entered into a contract with a landscaping company and advised that Rene Baez
.Jr. has power of attorney and would like to hive the notices sent to him as well at 1209
Cardinal Court, Altamonte Springs, FL 3271~t. They also have new tenants at this
property and they have been made aware wriat their responsibilities are in order to
maintain the property. Attorney Scott Baker offered to pay $500 for the administrative costs
for all the prior hearings and the full fine from the last case earlier this year which is $1,000
for a total of $1,500. This fine would be paid within 30 days.
Attorney Goodblatt asked que;stio,ns of respondents Attorney.
Rene Baez, Jr. addressed the board. He ex~~lained how he did not have control of the
properties back in 2004 which 'has been changed with the Power of Attorney and was
presented to the board. Mr. Baez Jr. explainE~d that they have a landscaping company that
takes care of they property so there should never be an issue with the grass in the future. Mr.
Baez Jr. also explained how they have made improvements to the property and photos were
presented to the board.
Board asked questions of respondent.
City of Longwood had no objection to the offer of $1,500 paid within 3'0 days.
Discussion took place and Meimber Putt; moved to reduce the fine/lien to $1,000 and an
administrative fee of $500 for a total of $1,500 to be paid within 30 days of November 25,
2008 or the full amount of the fine/lien will be reinstated. Seconded by Member Rebello and
carried by a unanimous roll call vote with VicE~-Chairman Dolan and Member Tolos absent.
4. PUBLIC HEARINGS:
A. CEB 08-10-750 WILLIAMS, Jeannie
1034 15t P-0,ace
Longwood, FL 32750
Code Officer Robyn Winters sE~oke in regard; to this case. This case was continued from
~ October at the respondent's request. This case started on April 17, 2008, with a letter signed
by neighbors at 'Ist Place complaining about numerous dogs, smell, noise and dogs found at
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large. Code Enforcement has received two additional letters; one on July 31, 2008 and
another on September 18, 2008. Code. Officer Winters has driven by the property 55 times
between April. 17th and November 25, 2008. On 4/26, 5R, 10/9., 10/23 and 10/26/2008 dogs
Via.. could be heard barking in the garage. On 4/;34/08 Code Officer Winters was allowed onto a
neighbor's property and observed 4 dogs running in the backyard and barking. Again on
7/17/08 Code Officer Winters was allowed onto a neighbor's property and observed 3
Shepherd puppies in the backyard. Notice o~f Violations citing'CC, Chap. 14-4 (6) Public
Nuisance Animals -prolonged barking/noises for continued periods longer than 15 minutes
were issued on 8/5/08 by Officer Forest PricE~ at 6:5~i p.m.; on 8/14/08 by Officer Peggy Witt
at 8:07 p.m. and again on 9/1Ei/08 by Officer Les Leisure at 8:38 p.m. of the Longwood Police
Department. On 11/11/08 the Notice of Hearing was served on Jeannie Williams at 10:40
A.M. by Officer A. Morse of the Longwood Police Department. The elements of offenses for
public Nuisance Animals (6) are an animal is an unlawful Public Nuisance if the animal either
barks, chirps, howls, meows or makes proloniged noise that disturbs peace and quiet of the
neighboring property for more than 15 minutE~ periods. As a result of continuing violations the
City asks that the Board find the respondent ~~uilty of violating CC, Chap. 14, Sec. 14-4 (6)
Public Nuisance Animals -prolonged barking in excess of 15 minutes.. In finding the
respondent guilty today any future Notices of Violation issued. citing CC, Chap. 14 Animals,
will result in fines and administrative fees. Ai this time the City asks that an Administrative
Cost of $350 be imposed and 'be paid within .30 days of receipt of Final Orders.
Board asked questions of Codle Officer WintE~rs.
The respondent was not present to testify.
Scott Pride who resides at 1022 1St .Place spoke in regards to the case. Photos of a section
of the fence that is in the backyard were presented to the board.
Board and the City of Longwood asked questions of Scott Pride.
Member Putz moved to close the public hearing. Seconded by Member Rebello and carried
by a unanimous voice vote with Vice-Chairmen Dolan and Member Tolos absent.
Member Kubec moved based on the evidena~ seen and testimony heard to find the
Respondent guiNly of a violating CC, Chap. 1~1, 14-4 (6) Public Nuisance Animals -prolonged
barking in excess of 15 minutes. iMember Kubec moved to assess a $350 Administrative
Cost to be paid vvithin 30 days of receipt of Final. Orders. Seconded by Member Putz and
carried by a unanimous roll call vote with VicE:-Chairman Dolan and Member Tolos absent.
E. CEB 08-11-754 CARCAYVI, Rudiana & BEZEAU, Robert
402 E. Maine Avenue
Longwood, FL 32750
Code Officer Bonnie Howington spoke in reg~rrds to this case. The property is owned by
Rudiana Carcani & Robert Ber_eau and their mailing address according to the Seminole
County Property Appraiser's website is 375 Palm Springs Dr., Apt. 422, Altamonte Springs,
~ FL. On 9/10/08 a Courtesy Notice of Violation door hangerwas left. On 10/2/08 a Notice of
Violation was issued for CC, Chap. 38, 38-141 High crass & Weeds and also for CC, Chap.
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z
38, 38-121 Trash and Debris. The elements of this offense for High Grass & Weeds 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 v?ith rodents/vermin/wild animals, furnish a breeding ground for
mosquitoes and adversely iml~~act/impairs economic welfare of adjacent landowners. The
elements for trash & debris is that a public nuisance is created and is therefore prohibited:
Garbage, trash, rubbish, or other debris accumulated upon any lot within 100 feet of
improved property, within the City of Longwood and that due to the garbage, trash ,rubbish or
debris, the property is current or may reasonably become or cause infestation with
rodents/vermin/wild animals; furnish a breeding ground for mosquitoes; or
threatens/endangers public health/safety/welfare; cause disease; or adversely
impacts/impairs economic welfare of adjacent landowners. Upon re-inspection on 10/14/08 a
Notice of Non-Compliance was issued to comply by 10/18/08. On 10/20/08 an inspection
was done and nothing had changed; .both thE~ Notice of Violation and Notice of Non-
compliance were still posted on the front door. The notices mailed were returned marked
"unclaimed". When the Notice of hearing was being prepared it was discovered that a Lis
Pendens had been recorded on 10/16/08 and a Driver License check was done .and another
address was found for both property owners in Altamonte Springs. On 11/11/08 the Notice. of
Hearing was mailed to both addresses and a copy was sent to the. attorney who filed the Lis
Pendens. On 11/11/08 Lt. Cohen mailed a IE~tter asking for voluntary compliance. The
Notice of Hearing mailed to the attorney was signed for on 11.:/12/08 but the notices to the
property owners were never picked up. On 11/14/08 the Notice of Hearing was posted at the
property and also at City Hall. An affidavit w;~s introduced evidencing that the property was
posted and that first class mail had been sent to the respondent at both Altamonte Springs
addresses. The City is asking that the Boaro! find the respondent guilty of violating CC, Chap.
38, 38-141 High Grass & Weeds and, also for CC, Chap. 38, 38-1.21 Trash and Debris . 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 $100 be imposed and paid within 30 days
of receipt of Final Orders.
The respondents were not. present to testify.
Member Putz moved to close the public hearing. Seconded by Member Rebello and carried,
by a unanimous voice vote with Vice-Chairmen Dolan and Member Tolos absent.
Member Putz moved based oi~ the evidence seen and testimony heard to find the
Respondent guilty of violating of CC, Chap.:.~8, 38-141 High Grass & Weeds and also for CC,
Chap. 38, 38-121 Trash and C)ebris. Member Putz 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/per violations be imposed until the proper~~:y 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 and carried try a unanimous; roll call vote with Vice-Chairman Dolan and
Member Tolos absent.
No December nneeting.
6. UNFINISHED BUSINESS: None
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7. OLD BUSINESS: None
9. ADJOURNMENT: Chairman ~,~anatta adjourned the meeting at 9:06 PM
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Greg Vanatta, Chair
, , ~
f
.Michelle Longo~Ft ~ r g Secretary
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