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CEB_02-27-01_MinCODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Avenue Longwood, Florida February 27,2001 Present: Robert Lomax, Chak Ernest Tolos, Vice Chair Kevin \Wdters, Member Luis Alvarado, hlember Laura hloehlcnhp. hiember Joe Harunan, hlember Clarence Lane, hlember rlmv Goodblatt, Board _ittorney Cathy Price, Code Comphnce Inspector Russell hIc Latchey. City of Longwood -1ttorney Absent: 1. CALL MEETING TO ORDER. Chair Bob Lomas called the meeting to order at: 71 0: p.m. 2. ROLLCALL. 3. APPROVE MINUTES OF LAST MEETING January 23,2001, minutes approved. 1. REPORTS: There were no reports at this meeting. 5. PUBLIC HEARINGS: Respondents were sworn in by the city attorney. Chair Bob Lomas called for first case. A. CEB 01-02-093 Steven Perry, Tenant 483 E. Jessup Avenue, Longwood, FL 32750 The cih advised h s case was for an inoperable vchicle, photograph shown of vchiclc with several flat urcs. Thc vehiclc has been parked for two yews per complainant. Mr. I'crn signed for papenvork at 6:45 p.m., 02/21 /01 ?01 served by Officer Don Lajic. Chairman asked rcspondcnt if he I' would like to come to podium. City advised hlr. P e q did not wish to tes*. Motion made by Ernest Tolos to close the public hearing; Laura Rloehlenkamp seconded. All in favor. A motion was made by Ernest Tolos based on the evidence he had seen and the testimony he had heard he mored to find the respondent &t)-of violating Longwood Land Development Code 24-23.07 inoperable motor vehicle. In support of h s motion he asked the board to hnd these facts occurred upon mhch this violation is based; that initial notification was properly made on 01/03/01; service of the notice of hearing delivered on 02/21/01 by Longwood Police Department in hand to defendant. Further moved to give respondent I4 days from hnal notification to bring property into compliance or penalty of $25 will bc imposed and will continue for each and eTTery day of non compliance. City did not ask for admuustratire costs therefore there are to be no admlnlstrative costs. The motion was seconded by Joe Hartman. -Am); Goodblatt suggested the motion mention compliances so the respondent knoTs how to comply. Ernest Tolos amended by requesting that the car should be operable or be remox-ed fiom the property within those 14 days. Vote was 7 in favor, 0 agxinst and 0 abstaining. The chairman called the second case. B. CEB 01-02-094 Maribel Tracey, Tenant 1414 Meadowlark Street, Longwood, FL 32750 Cin advised that property is in compliance. e Chairman Lomas called the nest case on the agenda. C. CEB 01-02-095 Brett Stovall, Owner of BJA Automotive and Irding Tormos, Property Owner of 247 Park Avenue, Longwood, FL 32750 The city advised that on 01/13/01 code officer drove by this address. '%s is a small building that has two vehlcle repair businesses in it. 'l11e side that faces Wilma is a business owned by property owner. Mr. St0.r-all owns B. J. A. Automotive that faces Park Avenue. Over the years, businesses there have parked inoperable vehicles and junk velicles across the street from 247 Park -4venuc on the Florida Power easement. The city had been in touch with Florida Power regarding the easement. The city had all the rehicles rowed fiom the easement and Florida Pea-er posted the easement that any unauthorized vehicles would be towed. That was several months prior to notices being issued on 01 /I 3/01. The parking issued seemed to be resolved but on 01 /I 3/01 the city code officer drove by and there were multiple vehicles parked on the easement and in the right-of-way. Photographs were shown in evidence of above. Ernest Tolos asked what is zoning? City ad~lsed1 -1 zoning. Ernest Tolos asked If this would include a junkyard? City adrised no. Amv Goodblatt asked if businesses had current occupational licenscs? City advised they did not believe eiher business had an occupational license. . h y Goodblatt advised for edification of the board that riolation in an 1-1 district is that if it is an llldustnal area and there is a valid, current F occupational license, inoperable vehicles can be located there if they are screened by 6 foot hrgh opaque fence. City .Attorney aslccd hls. Price to clarify what "vehicles being worltcd on" meant. Ms. Price advised that she spoke 111th the city planner on that matter and he advised that rehcles p being worked on should be able to be brought inside the buildmg at night. City Attomev asked if his. Price had spoken with either of the defendants and they had acknowledged that velucles were being dropped off and never worked on. hls. Price advised she had spoken with hIr. Tonnos and he acknowledged tlis fact. his. Price advised that a former busincss called Charity Cars had occupied the burldmg and they left some of the junk cars. Chairman Bob Idomas asked if anyone was present from B.J. A. iAutomotive Brett Storall spoke from BJA that all the cars in the photographs were gone. The problem with the easement was inherited from Charity Cars and Souvenir hlotors (previous businesses at that site) as was mentioned. Mr. Stovall advised they were gudw of pushmg a car or two over there and pushmg them back across the street d they got the part. The cars that were towed from across the street on the easement ho\vevcr were all ready there when they assumed the bddmg itself. Ah. Sto\-all advised thev had come in in compliance with what they were asked to do. Ms. Price adrised that the reason she had not gone by the property today is that they had not received proof of serrice on hh. Stol-all and she was going to ask that the case be continued. hh. Stovall ad-i-ised he was given notice by hfrs. Tormos of the hearing. hlrs. Tormos spoke and said that she owned the building She has rented it to several different people and they left some junk cxrs. She received a public notice from Seminole County Records that says the easement belongs to her property. hhs. Tormos said she wrote a letter to Ah. Stovall about the codes and they she would watch the propem after dm. hlotion made to close public hearing by Laura hloehlenkamp and seconded by L q Walters. :\ll were in favor. Ernest Tolos asked if service of notice was nor delivered to Xlr. Stovall: .\my Goodblatt advised that he waived the senrice of notice by being present at the meeting. Ernest Tolos made a motion based on the evidence he had seen and heard to find respondent gdty of Jmp-ood Land Dcvelopment Code 24-23.07 as a matter of law in support of this motion I ask the board to find that thcsc facts dCL occurred upon \vhich this violation is based; senice of initial notification was made by Ms. Price on 01/13/01 and compliance was not entirely met; sen-ice of hearing notice was properly made to the property owner but not to B. J. A. Automotive but he appeared so therefore that voids the notice not having been dclirercd. Based on eridence of vehicles in photos that we have seen tind the defendant gutlty as charged further more to give respondent no days because in compliance at thls time and no penalty imposed at this time and no administrati\-e costs. Seconded by Laura hloehlenkamp. Vote was 7 in favor, 0 against and 0 abstaining. Chairman Lomas called the nest case on the agenda. D. CEB 01-02-096 Charles R. and Esther H. Chapman 665 Pasadena Avenue, Longwood, FL 32750 City advised that property is in compliance. Chairman Lomas called the nest case on the agenda. E. CEB 01-02-097 Dewey and Louann Shasteen 602 Pheasant Avenue, Longwood, FL 32750 P City advised that property is in compliance. Chairman Lomas called the nest case on the agenda. F. CEB 01-02-098 Susan Beauparlant, Property Owner and Business Owner of Roland Stone Masonry Co., 476 Reider Avenue, Longwood, FL 32750 City ad-&ed Ms. Beauparlant operates business from home called Roland Stone hiasoq Company. Neighbors are having problem mlth business operating from the home. There is always ounvard evidence of equipment and materials -photos of back of property introduced. 7LVork is being done on the home but d~esear e things not used for work on home and parked on property on a daih basis. Pick up truck and trader parked in fiont yard on ddy basis. There are forms leaning against fences: equipment on the side of the house. Nothing consistent with work being done on property. Block wall constructed with no permit. Traffic from employees and truck and trader eridenced by grass run down. I-leay equipment causing large dre tracks. Business has outgrown home office status. Delireq of stones 3-4 a.m. not acceptable to residential area. Longwood Land Development Code 24-35.02 states there should be no ouhvard e~ldenceo f business run from a home; strictly officc use. Amy Goodblatt advised that hcr Land Dedopment Code 2435.02 was not the home officc hcense code. Official noafication doesn't site a code section. City rlttorney asked Board :\ttorney if that made tlus noticc null or ineffective. Board =\ttorney adrised she was not comfortable with legal side of due process. City desires co nithdraw and continue case. Chairman says so bc it. Ah. Beauparlant requested to spcak, and Kas asked by City -\ttomey if she understood If she proceeded she would be mairing her right to be notified under the proper section. She said yes but city witl~drew and wdl resubmit. Chairman Lomas called the next case on the agenda. G. CEB 01-02-099 William Alvarez, Tenant 431 Wildrnere Avenue, Longwood, FL 32750 The city received an anonymous complaint about boats and traders on iVildmcre Avenue. Tle city responded and wrote multiple \lolations on that day. One of the violations was hlr. -ilrarez. He had a vard maintenance type trailer full of yard trash parked along side of house. The notice stated that &ere mas an accumulation of trash and debris and that the trader had to be stored behmd the front h e of the structure behind a 6-foot opaque fence. Trash was to be removed and the trader to be screened before 02/01/01. Th~nso tice was p e n on 01/23/Ol. Photo in evidence of boat, fence and boat not belmd gate. Trash was removed from trader but the trailer was not scrccncd. Initial notice of violation 01/24/01 The city advised notice of hearing sen-cd on hun by Longwood PD at 408 p.m. 02/20/01 received by hh. Alvarez. hlr. ilvarcz testified that he left trailer out for a reason, to come before the board. He has a problem with all thls because mithm a 3-block area of hls home as of yesterday there are many violations. Mr. Alrarez said dyou are going to enforce the code, enforce the code. The Chairman adrised Mr. Ah-arez that he would have to take that up with the City Councd and that thls &d not pertain to what the Board m7as there for. Mr. -4lvarez said he would comply. Motion madc by Ernest '1'010s to close the pubhc P hearing. Seconded by Laura hloehlenkamp. All were in favor. I.aura hioehlenkanlp made a motion based on the evidence she had seen and the testimony she had heard she moved to find the respondent gdq-of violating Longwood Land Development Codc 2423.09 as a matter of law. in