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CEB_02-26-02_MinCODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Avenue Longwood, Florida MINUTES February 26,2002 Present: Robert Lomax, Chak Ernie Tolos, Vice Chair Laura hfoehlenhmp, Member Luis Alvarado, Member Clarence Lane, Slember Andrew hlcGaq, Member Amv Goodblatt, Board ,ittomey Price, Code Compliance Inspector Bonnie Howkgton, Code Compliance Inspector Richard Taylor. City of Longwood -Attorney CALL MEETING TO ORDER. Chair Bob Lomax called the meering to order at -7:00 p.m. ROLL CALL. APPROVE MINUTES OF THE LAST MEETING. Laura hloehlenkamp made a motion to approve the minutes of January 22,2002; Luis -Uvarado seconded. The Board voted in favor. REPORTS: None. Citv -\ttorney Richard Taylor swore in the respondents. Chair Bob Lomax called the first case. PUBLIC HEARINGS: X. CEB 02-01-196 hlanuel Toro and Cora C. De Toro 111 Pawline St., Longwood, F1. 32750 The cin. presented that dus case had been condnued from the last meeting in fanurn so h a t the Demolition Company could be subpoenaed md dso the Bo?ard had requested to see the Site Plan nnd the :lrbor Permit. There is no site plan, it has not been submitted. Thc zlrbor Permit was issued however Phming faded to make a copv. MI. Toro has copy of the 2pplication for the -4.rbor Permit. Mr. Sergeant the City Planner said the -4rbor Permit had been approved however Chad, Assistant Planner had failed to make a copv so there is no copy for the records. Code Compliance and City Planning spoke about h s , since a formal site plan has not been submitted, tree point requirements are not known, because use and approval is unknown as yet however Mr. Sergeant has suggested that whatcver planning requires per their sitc plan requirements The Board can go over and above that or else just espand on the size of the trees that will be approved for that site. The demolition company has been subpoenaed. hlr. Manuel -\. Toro testified when they were issued the stop work order they froze everything because he dld not want to do anythmg that was a p s t the law and as he stated in his former testimony that he was very sorry that because of his mistake they had removed the wrong tree. When it was time to do the demolition they spray painted the trees that had to remain on the site but on the very last two trees they sprayed the wrong tree. So the demolition company following his instructions cleared the area of debris and removed the wrong tree. hlr. Toro received the stop order he went to planning and told Chad that he w3s very sorq about the mistake but he was willing to make up for it. He was told by plarking to continue to clear the site and remove the sick tree that was left in error. Mr. Toro has not submitted a site plan because of a question whether they will fall under new code guidelines or old code guidelines so everydung has stopped. Mr. Toro tesaiied that the error was hts and not the demolition company. Slrs. Toro testified that it was very hard to get to the house to do the demolition on it and that is why the small trees were removed. Mr. Toro submitted a survey with both lots shown and some of the trees. hlr. Toro said no site plan was submitted, this is just a sunrcy for both lots, because a new sun-ey for both lots were needed. Mr. Toro said a site plan couldn't be submitted until The Bowd makes a decision. hlr. Toro said he would submit to The Boards instructions on what needs to be done. hlr. Chns Gelaides, president, Global Demolition, Recycling testified that Mr. Toro told his operator to keep the trees that were painted. ilk. Gelaides was not gi-en a copy of the arbor permit and that he usually takes care of the ~ermitbs ut in this case blr. Toro ~ 3ins a hurry and wanted to take care of everything. He dustrated on the sun-ey where the demolition company came into the property and that it was necessan to remove the undergrowth (small oak trees between 4 to 6 inches) in order to get hls equipment onto the property. Laura Moehlenkamp motioned to close public hearing seconded bv Luis -\It-arez. The Board voted all in favor. City Attorney requested that the Citr would Ue to re-address their recommendation: the cities recommendation would be to put in four trees or 42 inches because that was what n-as removed. Louis -4lvarez made a motion to find the respondent guilty of violation Longwood Land Development Code 34-34-55.09. In support of the motion that these facts occurred. that Mr. Toro adrmtted to malung a mistake in identifyins and carrying out an order addressing the demolition te2m in removing the wrong trees nlso that the trees m-ere removed, the stop order was given 2nd the arbor permit as npproved but no site plan has been approved 3s of yet. Furrher move to gn-e the respondent 30 days from the service order to bring the property into compltzncc or to nctually replace the trees that were remored. City ;\ctorney interjected before a second that with all due respect thc respondent could nor really GK the problcm until a site plan could be submitted. Board attorney .imv Goodblatt advised that the Board could choose to have input into what goes inco the future site plan. .-\n&ew LlcGarry seconded the motion. Luis Alvarado withdrew hs motion and _indrew 1kGarrv withdrew hls second. :Indrew XlcGaq made a motion to find the respondent gdty, require him to replace the trees subject to the proper trees and amount and that he be required to submit a site plan dehning the replacement widin the 30 days. Laura hIoehlenkamp seconded the motion. ;\ndrem hlcGarry amended lis motion to vithdran* the portion that dscussed the site plan n+.hin 30 days and leave the orher two points on the table and have further discussion. Laura Sloehlenkamp amended her second. Mr. Toro testified he would like to develop as soon as possible, but in order to construct a building, financing is being applied for and will take some time to approve. The builder, R.C. Stevens, will submit a footprint to the city and from there they sc-ill submit a building plan. Andrew hlcGarry amended his motion to include a time frame of one year to submit the site plan and that in the event a site plan is not submitted within one year from the date of serc-ice of the order the Board mould hnd that the damage n-as irreparable and impose a fine of $4,000.00. Luis Ah~aret seconded the motion. Ernie Tolos did not agree with the amount of the fine. The vote was fire in favor, one against-Clarence Lane voted no, and no one abstaining. B. CEB 02-01-197 Pool Solutions/Robert Corum 400 North St. Loqpvood, FL 32750 This case has complied. C. CEB 02-01-198 Marie-Anne & Jean-Louis Bleus 833 E. Seminole Ave. Longwood, F1. 37250 This case has complied. D. CEB 02-01-199 Michael & Alan Andino, Et A1 RE: 826 E. Church Ave. Lowood, FL 32750 This case has complied. E. CEB 02-02-200 Antonis Kalans, Prop. Owner and Elizabeth Ramos, Tenant 670 Longdale Ave. Longwood, FL 32750 This case has complied. F. CEB 02-02-201 Kathy Hornsby 600 Rosedale Ave. Longwood, FL 32705 Thls case has complied. Chair Bob Lomas called the nest case on the agenda. G. CEB 02-02-202 Helen Guardiola 382 E. Church Ave. Longwood, FL 32750 The respondent was cited for an inoperable vehicle and trash and debris. The city phced photos in eridence that the vehicle mas still there and all the trash had been removed. The city had had no contact with the property owners. Code Compliance Inspector Bonnie Howington served the notice of hearing February 6,2002 to the respondents mother Mrs. TTalentine at $05 p.m. blrs. I-Ielen Guardoh testified that the car has been removed; the problem was it was her granddaughters' car, and they had no title. KO one would pick it up without the title. hIetro 419 picked up car without a title at 5:30 p.m. today. no receipt mas &en. Laura hioehlenkamp made a motion to close the public hearing, seconded by Clarence Lane. The Board roted all in favor. Laura bIoehlenkamp made a motion to find th; respondent gdty of violating Lonpood Land Development Code 24-23.07 inoperable vehicle. Ln support of the the motion the facts being that the respondent admitted to the vehicle being on the property and that it has been taken away. She further moved to give the respondent 5 days to remove vehicle and after that impose a fine of 25 dollars a day. Andrew M c G q seconded the motion. The vote mas six in favor, no one against and no one abstaining. rn H. CEB 02-02-203 Nicholas Chrysochos Re: 311 E. Palmetto Ave. Lowood, FL 32750 This case has complied. I. CEB 02-02-204 Robert Hmdtke 1520 Sparrow St. Longwood, FL 32750 This case has complied. UNFINISHED BUSINESS: Chair Bob Lomas requested the status and further actions required if any on CEB 02-01 -195, L l q Gamble. Citv -4ttornev hchard Taylor advised the Board referred h e case to tlx Citv Commission 2nd they chose not to take any other action other &an what the Board has already done which is impose a tine wlich condnues to run even-day w we speak. Thac was the Commissions prerogstive. .indrew 1lcGarry asked if the h eju st runs. kchard Taylor said yes, the hnes hnes have gotten into the thousands of dollars. Board -4ttornev Amy Goodblatt advised that [he Ciq-decides whether to record a hen but the problem is that thls is 3 homestead and if it's J homestead you can't foreclose the hen but the tine ~111co ndnue to run. ,indrew McG*xrya sked rf it is collecnble. kchard Taylor savs e that it may never be collecuble becausc h s is 1 homestead and that the Board is doing thek job 3s best 3s the1 can. Wothmg more can be done by the board. P OLD BUSINESS: Code Compliance Inspector Cathy Price commentcd there was a case on Raven with an aluminum canvas structure, where the City Commission would be discussing the code. Cathy Price reported that nothing had been done on that code. The Board recommended estending that case until the new code was decided on. NEW BUSINESS: None. ADJOURNMENT: Chair Bob Lomax adjourned the meeting at 8:10 p.m. ATTEST: I Recording Secretary