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CEB_01-22-02_MinCODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Avenue Longwood, Florida MINUTES January 22,2002 Present: Ernie Tolos, Vice Chair Lawa hloehlenkamp, Member Luis Ah-arado, Member Kerb Walters, Member Clarence Lane, Member -Andrew hlcGarq-, Member Amv Goodblatt, Board Attorney Cathy Price, Code Compliance Inspector Bonnie Howington, Code Compliance Inspector Robert Taylor, City of Lonpood Attorney Absent: Robert Lomas, Chair CALL MEETING TO ORDER. Vice Chair Ernie Tolos called the meeting to order at: 7:01 p.m. ROLL CALL. New member _Andrew McGarry was introduced and welcomed. APPROVE MINUTES OF THE LIST MEETING. Laura hloehlenkamp motioned to accept the minutes from Kovember 27,2001 seconded bv Andrew McGaq. The Board voted all in favor. REPORTS: None. Vice chi^ Ernie Tolos introduced the first case. PUBLIC HEARINGS: A. CEB 02-01-191 Glen H. Sparks, Property Owner 904 N. Grant St., Longwood, F132730 Ths cwe has complied. B. CEB 02-01-192 Kathy S. Hornsby 600 Rosedale Avc., Longwood, F1.32730 Tais case has complicd. City -4ctorney hchard Taylor swore in the respondents. C. CEB 02-01-195 Mary G. Gamble 656 Preston Road, Longwood, F1. 37230 City presented thls case originally heard by the Board in October 2001. Alrs. Gamble was cited for f d u e to maintain her pool and keep it neat and clean. She was found guilty of violating Land Development Code 24-35.08 entitled smimming pools. The ha1 orders stated that the respondent had 10 days from the date of the dehvery of hnal orders to comply or pap a h e of fifty dollars per day for each day the violation continued to exist beyond the compliance date. The compliance date was November 12,3001. Code Compliance Inspector Bonnie Hohgton visited Mrs. Gamble's property and advised her of that on 11/12/01. hls. Howington talked with her and Mrs. Gamble stated she had done nothing to the pool. hls. Howington adx-iscd her that the h e s would begin this date. In the latter part of November November or early December code receked a call from the original complainant Mrs. Keller next door and she stated that the pool was not cleaned up. Code visited the site and then contacted the city anomey's office. The case was lscussed and he advised that code should m re-cite Mrs. Gamble under the Longwood Development Code 2425.08 swimming pools and Florida Statute 163.06-1, whch has to do with health hazard, 162.07-4 that has to do with fines, cost of repaks, and 162.09-1, which has to do rith notice to city commission reference the repairs. These statutes would allow the city to have the pool cleaned and the cost of the cleaning and the repairs mould be included in any hnes Lf the order were not complied ~ l t h . ,I Notice of xlolaaon was issued on J a n u q 5,2002 to comply b) J a n u q 11,2003. Notice of hearvlg was sen-ed on January 14,2002 1254 p.m. by Cathy Price. Photos were presented br the city as eridence that nothing has changed. The Board presented questions to Ms. Howington. Board ,homey _ b y Goodblatt asked if Ms. Howington had seen any evidence that there had been any effort to clean the pool between last year and today's date? Ms. Howingcon replied no, and hlrs. Gamble admitted that she had not done anything to the pool. Amv Goodblatt asked when was Mrs. Gamble served with the original order of the Code Enforcement Board, she had 10 days for comphnce under the original order and chen the flfw dollar tine mas to run. hls. Howington rephed she pcrsonallp deb\-ered the final orders io Mrs. Gamble on October 30.2001 at 4:20 p.m. AIttomey Richard Taylor adxlsed the Board that the respondent was back in front of the Board to be cited under che health hazard and repair statutes so chat the Board could order that the Citv Commission be made aware of &us 2nd then the City Commssion could in turn under the statute could order che pool to be cleaned up and to unposed a hen on thc property for cost of repairs. City _lttornev advised h a t Flonda Stamte 162.09 stltes chat dm Board shall no& the governing Board and that was not done ~t the last he:~~~3nndg che case needed to be put back on thc ~gcndam d brought fonvard m order to cake that step. City _ittomeyT aylor ~dvisedth e a City's recornmendanon w that the Board foUom 163.09 as Gr as noufving the pvermng body the Gty Commission of the ongoing esismg nolaaon as far as the tines ther conmue co mxuc on I. ddr bas~sb ut at h st ime the tic). wanted to bring back and duly sere the e respondent so that all due process issues are covered. The City wants the Board to notify the City Commission of thls problem and request that they order that the repairs be made because that's what the statute requires. Attorney Taylor said the City wants somerhing done before a child falls into the pool and drowns, there are other health hazards and Airs. Gamble does not seem to care about that. It is h eth e city takes more dtrecc action and goes on the property and does the clean-up and repairs themselves but interpretation of 162.09 is that the Board needs to instruct the City Commission that h s exists and ask them to go fonrard and order the repairs. Ms. Howington interjected that when the nest-door neighbor called she did mention that she had noticed an odor was beginning to come from the property on one of the hotter days. Kevin Walters asked Ms. Howington if Mrs. Gamble had mentioned if she had any intentions of h gcar e of the problem and why she did not do a n y h g about the pool. Ms. Howington advised that there is a feud going on between the m-o neighbors and that Mrs. Gamble feels that the neighbors have come over and sabotaged her pump and she says that until that issues taken care of and some problems at the neighbors house that she has complained about are taking care of she has no intendons of doing anything. Mrs. Mary Gamble was sworn in. blrs. Gamble testified that the nextdooo neighbor was saying that the health department has been out to her property and to her knowledge they have not been out to her property, because long ago they quit coming because they determined that it was harassment calls. -is far as the pool has not straightened out because she cannot 6.; it because someone is countering it. She put a brand new f i ~ e hundred dollar pump on it and it ran for two and a half hours. The pool man had shown her a small leak in the sand flter and said it would be perfectly okay to run it. She went in to take a shower for hVenty minutes whde she was in house showering it was completely blown out. .I* She said there was nor use in her trying to &.s it. She has tried to fcx it but someone is coming into her yard. She has records that a new motor was purchased but did not bring it with her. hhs. Gamble said she has put chlorine into pool since October but doesn't have any proof of that. Clarence Lane asked if hlrs. Gamble had pursued any warranty claims on the pump. hfrs. Gamble replied no she was so disgusted with it she just turned it off and hasn't called the pool man. ,ittorney Richard Taylor asked Urs. Gamble about a diving board in the photographs on her pool. He said it appeared the &\-kg board was not attached. Mrs. Gamble replied chat the dming board had been broken for a long time. Laura Noehlenkamp made a motion to close the public hearing seconded by -Indrew McGarry. Andrew hfcGarry made a motion to make a finding chat Mrs. Gamble is guilty of having a serious threat health hazard. There was no second. Ernie Tolos declared the motion to have failed. Laura Moehle&arnp made a motion to h d the respondent guilty of continuing to xjolate Longwood Land Development Code 24-25.08 and dso for violating Florida Srxe Statutes 162.06-4, 163.07-4, 162.09-1 in support the facts occurred that respondent was found guilty nt last meeting and nothmg has been done: chat this is a serious threat to the public and is of inepanble and irreversible harm and so constiruce rhis directive to be sent to the Citc-Commissioners to authorize to make reasonable repain for a reasonable amount of moner to hlrs. Gamble and &at these h e s cost of rep& are :isszssed to hlrs. Gamble; no admintstraai-e costs. Louis -1lvarez seconded the motion. Board attorney Laura Goodblatt had a concern about che Board saying that the problem was irreparable or irrerersible because the fact of the matter is that the pump could be repaired, it could be snid it was a serious h e a t to the public health, safety and welfare. Laurn Moehlenkamp iunended her L motion to drop che irreparable and irreversible harm. Louis Alvarez seconded seconded the amendment. Louis ;\lx-zrez amended that the tines were to continue. The vote w3s 6 in favor, 0 against and O abstaining including all the :unrndrnents. D. CEB 02-01-196 Manuel Toro and Cora C. De Toro 111 Pawline St., Longwood, F1. 32730 Citv presented this case of a violation of tree protecaon. An anonymous call wss received about trees being removed. -4rbor permit had been approved for the site but they had gone beyond the permit and removed some trees that shouldn't have been removed. On December 10,2001 a stop work order was issued. Mr. Toro went to the planning department on December 11 in regard to the stop work order. hlr. Toro said the people thac dld the demolidon on the house had reversed the approved plan and remored the wrong trees in error. At that point he agreed not to do any more work until this was resolved other that what was approved but at that point he had gone beyond what had been approved. There were at least live s dtre es exceeding 8 inches in diameter that were removed. Photos were shown by the city in eridence of the violation Notice of hearing was served to MK. Toro on Janum 11, 2003 at 250 p.m. Mr. Toro submitted the site plan of the lot where the demolition took place and a sun-ey of the esisting lot. Mr. Tolos requested it be marked Edubit One by the secretary and it was shown to the Board. MK. Toro testified that he bought the lot behmd his business to provide additional parking and to beauti9 the property. MK. Toro was veq-upset that wrong tree was removed. One large tree was a health hazard and that was supposed to be removed. The demolition operator reversed the plan and removed the wrong tree. He had talked to Planning and Code Enforcement about the problem. He testified that hls property borders Lyman l+gh school and that lads mere going A into che abandoned house and it was dangerous. He had the house removed as soon as possible. He advised that he has planted begonias around the edges and that this tree being removed was not intentionally done. He cannot undo what happened but ndl do what needs to be done to please the Board. Kevin Walters asked for a continuance unnl the arbor permit and correct information can be obtained. Attorney Richard Taylor asked if the Board attorney could shed some light on if the Board could cite the contractors. hir. Toro adrised the company as Global Demolition Company and they are a licensed contractor. blr. Toro said that he has voluntarily stopped work on hs property and he n*ould B e to &e to redrres what needs to be done and continue work, he cannot clean or fence the lot or continue his budding. -ittornev &chard Taylor responded that the city does not have a problem with the stop work order being lifted bur no budding permit be issued. Laura Noehlenkamp seconded the motion to continue. The Board voted 6 in favor, 0 against and 0 abstaining. Clarence Lane made a motion to subpoena Global Demolition Incorporated co the next borird meeting on February 36, 2003, seconded by Laura lloehlenkamp. The Board roted 6 in favor, 0 against and 0 sbs~ining. UNFINISHED BUSINESS: .Andrew 3lcGarrt-wanted to discuss h e cases that were continued Gom the last meeting. The city advised thac Case %01-11 187 at 125 Sheddm Court the Raupps and Case SO 1-1 1-188 at 112 Rock Lake Road, the %'ebsrers were borh m iomphnce. OLD BUSINESS: C1 T one. NEW BUSINESS: Xone. ADJOURNMENT: Kecin '&'alters made a motion to adjourn. Vice Chair Ernie Tolos adjourned the meeting at 825 p.m. ~ e z r d i n gSe cretary