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CEB_05-27-08_MinCODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Ave. Longwood, FL 32750 May 27, 2008 7:00 P.M. Present: Bob Lomax, Chairman Judy Putz, Member Greg Vanatta, Member (not present during roll call returned at 7:02 p.m.) Tim Dolan, Member Joe Durso, Member Also Present: Amy Goodblatt, Board Attorney Sofia Langley, Interim City Attorney Russ Cohen, Lieutenant Bonnie Howington, Code Enforcement Officer Robyn Winters, Code Enforcement Officer Michelle Longo, Recording Secretary Collina Gast, Recording Secretary Absent: Ernie Tolos, Member Gail Brown, Member 1. CALL MEETING TO ORDERI ROLL CALL: Chair Lomax called the meeting to order at 7:OOpm. The Recording Secretary called the roll. 2. APPROVAL OF THE MINUTES: The minutes from the April 22, 2008 meeting were presented. Member Putz moved to accept the minutes of the April meeting, seconded by Member Durso. Minutes carried by a unanimous roll call vote with Member Tolos and Member Brown absent. 3. REPORT CASE UPDATES: Code Enforcement Board Atty. Goodblatt updated the board on the Runge case; CEB 06-05- 551. The case will be brought back before the Code Board consistent with the Order of the Appeals Court dated May 12th. The judge who heard the case is sending it back to the Board to make specific determinations under each factor of each statue. The case will either be on the agenda for June or July meeting, whichever is agreed upon with the Board and Respondent. Code Enforcement Board Atty. Goodblatt passed out a reference sheet for Elements of Certain Offenses to the Board Members. This will help in future cases to be more specific in the motions that are made and in the drafting of the Final Orders. __ 4. NEW BUSINESS: A. Michelle Bridle; Case No. 08-01-701 CEB 05-27-08-1 Code Enforcement Board Atty. Goodblatt spoke in regards to this case. Originally scheduled on the agenda for tonight's meeting but was continued at the request of attorney Chris Hill. Materials were brought to the meeting for the board's consideration but a request was made last Thursday by Ms. Bridle's attorney for a continuance. The materials will need to be presented at the time the case is heard. The attorney for the Code Board requested that the case be heard at the July Code Board meeting and not at the June Meeting. The July's meeting will be held on the 27tH 5. PUBLIC HEARINGS: Code Enforcement Board Atty. Goodblatt conducted the swearing in of witnesses and Chair Lomax announced the case docket to see who was present. A. CEB 08-04-707 PEARSON, Brian 8~ Lisa 130 Slade Drive Longwood, FL 32750 The Notice of Hearing had an incorrect date and will be continued until the June Code Enforcement Board meeting. B. CEB 08-05-714 BRUSEN, Donald 1171 Reams Street Longwood, FL 32750 This case was withdrawn by the city as complied. C. CEB 08-05-715 TOMMASELLO, Stanley & Sandra 885 Pasadena Avenue Longwood, FL 32750 Code Officer Robyn Winters spoke in regards to this case. This is the second violation for High Grass & Weeds and the property came into compliance prior to going to the Code Board. On 04/03/08 a Notice of Violation was issued for High Grass & Weeds CC, Chap. 38, 38-141. Compliance was to have been met by 04/10/08. On 04/07/08 a copy of the Notice of Violation was sent by certified mail to the respondents and was signed for by Stan Tommasello 04/16/08. Upon re-inspection on 05/01/08 a Notice of Non-Compliance was issued to comply by 05/05/08. A copy of this notice was mailed first class to the respondents on 05/01/08. Upon further re-inspection on 05/06/08, the property was still not in compliance. On 05/09/08 the Notice of Hearing was prepared and mailed certified to respondents and signed for by S. Tommasello on 05/12/08. The City is asking that the Board find the respondents 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 penalty of $100.00 per day per violation be imposed until they comply. Also asking for an Administrative Cost of $100.00 be assessed and be paid within 30 days of receipt of Final Orders. CEB 05-27-08-2 Board asked questions of Code Officer Winters. The respondents, Stanley & Sandra Tommasello were not present to testify. Member Vanatta moved to close the public hearing. Seconded by Member Putz and carried by a unanimous voice vote with Member Tolos and Member Brown absent. Member Vanatta moved based on evidence seen and testimony heard to find the Respondents guilty of violating CC, Chap. 38, 38-141 High Grass & Weeds. Member Vanatta moved to give the respondents 5 days from receipt of Final Orders to bring the property into compliance or a penalty of $100.00 per day be imposed until the property is in compliance and an Administrative Cost of $100.00 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 with Member Tolos and Member Brown absent. D. CEB 08-05-716 LUTCHMIDAT, Devika 141 N. Wayman Longwood, FL 32750 Code OfFcer Robyn Winters spoke in regards to this case. This property has been issued Notice of Violations twice before 05/10/07 and 9/28/06 for High Grass & Weeds both times the property was brought into compliance. A Notice of Violation was issued on 03/27/08 for CC, Chap. 38, 38-141 High Grass & Weeds. On 03/28/08 a copy of the Notice of Violation was sent by certified mail to the respondent and signed for on 04/01/08 by D. Lutchmidat. On 04/03/08 a Notice of Non-Compliance was issued to comply by 04/07/08. A copy of this notice was mailed first class to the respondent. Upon re-inspection on 04/08/08 the property was still not in compliance. On 05/01/08 the property was brought into compliance and after review of the property it was decided to bring this before the board as it was cited twice before for violating CC, Chap. 38, 38-141 High Grass & Weeds. On 05/09/08 the Notice of Hearing was prepared and sent certified to the respondent which was unclaimed and notice left. On 05/16/08 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 City is asking that the Board find the respondent guilty of violating CC, Chap. 38, 38-141 and an Administrative Cost of $200.00 be assessed and be paid within 30 days of receipt of Final Orders. Board asked questions of Code Officer Winters. The respondent, Devika Lutchmidat was not present to testify. Member Vanatta moved to close the public hearing. Seconded by Member Putz and carried by a unanimous voice vote with Member Tolos and Member Brown absent. Member Putz moved based on evidence seen and testimony heard to find the Respondent guilty of violating CC, Chap. 38, 38-141 High Grass & Weeds. Member Putz moved that an Administrative Cost of $200.00 be assessed and to be paid within 30 days of receipt of Final Orders. Seconded by Member Vanatta and carried by a 4 - 1 roll call vote with Member Tolos and Member Brown absent. CEB 05-27-08-3 E. CEB 08-05-717 LUTCHMIDAT, Devika 143 N. Wayman Longwood, FL 32750 Code Officer Robyn Winters spoke in regards to this case. This property has been issued Notice of Violations twice before 05/10/07 and 9/28/06 for High Grass & Weeds both times the property was brought into compliance. A Notice of Violation was issued on 03/27/08 for CC, Chap. 38, 38-141 High Grass & Weeds. On 03/28/08 a copy of the Notice of Violation was sent by certified mail to the respondent and signed for on 04/01/08 by D. Lutchmidat. On 04/03/08 a Notice of Non-Compliance was issued to comply by 04/07/08. A copy of this notice was mailed first class to the respondent. Upon re-inspection on 04/08/08 the property was still not in compliance. On 05/01/08 the property was brought into compliance and after review of the property it was decided to bring this before the board as it was cited twice before for violating CC, Chap. 38, 38-141 High Grass & Weeds. On 05/09/08 the Notice of Hearing was prepared and sent certified to the respondent which was unclaimed and notice left. On 05/16/08 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 City is asking that the Board find the respondent guilty of violating CC, Chap. 38, 38-141 and an Administrative Cost of $200.00 be assessed and be paid within 30 days of receipt of Final Orders. Board asked questions of Code Officer Winters. The respondent, Devika Lutchmidat was not present to testify. Member Putz moved to close the public hearing. Seconded by Member Durso and carried by a unanimous voice vote with Member Tolos and Member Brown absent. Member Durso moved to combine the standard penalty motion and associated penalties of CEB 08-05-716 with CEB 08-05-717. Seconded by Member Dolan and carried by a 4 -1 roll call vote with Member Tolos and Member Brown absent. F. CEB 08-05-720 SCANTLAN, Barbara 121 Slade Drive Longwood, FL 32750 Lt. Cohen reported this case has been continued until the June Code Enforcement Board meeting at the request of the respondent. 6. UNFINISHED BUSINESS: A. Michelle Bridle; Case No. 08-01-701 Code Enforcement Board Atty. Goodblatt spoke regarding the Bridle case and went on the record to say because of the Sunshine Law and the potential for violations that any documents relating to this case be presented and passed out at the time the case is CEB 05-27-08-4 discussed. Since it is not on the agenda again until the July meeting it is her position that the documents not be passed out to the Board Members tonight. 7. OLD BUSINESS: None 8. NEW BUSINESS: Chief Jackson addressed the Board and proposed an idea to have all Board members receive the Code Packets via email. They are currently sent this way to the attorneys. At the night of the meeting the Board members would utilize the laptops the Commissioners do and would have an electronic copy available to review. This format would take the place of the code packets that are currently distributed. The Board discussed and the consensus was they would give it a try. 9. ADJOURNMENT: Chairman Lomax adjourned the meeting at 8:15 PM r`% ., B b Lomax, Chair ,, ~ C~` ,, Michelle Longo, ing Secretary CEB 05-27-08-5