CEB_03-26-02_MinCODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Avenue Longwood, Florida MINUTES March 26,2002 Present: Robert Lomas, Chair Ernie Tolos. Vice Chair Laura hloehlenkamp.
Member Luis Alvarado, hlember Clarence Lane. hlember -indrew hlcGaxy, Member Cliff Sheppard, -Acting Board -Attorney Bonnie Hoaington, Code Compliance Inspector %chard Taylor, City of
Longwood -Attorney Absent: Cathy Price. Code Compliance Inspector CALL MEETING TO ORDER: Chair Bob Loma.. called the meeting to order at 7:00 p.m. ROLL CALL. APPROVE MINUTES OF THE LAST
MEETING. Luis .Uvarado made a motion to accept the minutes and Laura hioehlenkamp seconded. Ernie Tolos advised that the word tree should be plural (trees) in sentences 8, 11 and 14
on page nvo. Luis =\lvuado motioned to amend the minutes and Laura hloehlenkamp seconded the motion. ;Vl were in favor. REPORTS: None. City ;\rtorney %chard Taylor sxvore in the respondents.
Chair Bob Lomas called the first case. PUBLIC HEARINGS: .A. CEB 02-03-205 Patricia Keller & Thomas? hloscoso, Propert). Onners 575 Preston Rd. Longwood, FL 32750 City presented the
complaint that came from 1 neighbor bout vehlcle traffic to and from the .~bover esidence. The owner has an Occupsuonal license to do tworin-g nc her home. The tmtfic 1s generated by
the home busmess. On February 5,3003 .I nouce of violauon was issued and a copy of the Lmd Development Code Secuon 3-1-35.02 F to hhs. Keller. Photos of veh~cle .~cuvltyw ere presented
by the city. On February 12,1009 J nouce of non-comphnnce was gven ro Mrs. Iirller. On hhch 13. 3003 n notice of hearmg was ~ssuednc 6:OG p.m by Code CompLance Impcctor Ho\vmgton. Attorney
Lonnie Grooc spoke for hlrs. Keller and testified thnr the code vlolntion clted dld not .~pplyto Mrs. Kcller's busmess. -4ttorne)-Groot presented many .uucles of evidence. Psmcia Kcller
respondent cesnried md ~nswcredq uesuons from her
attorney Lonnie Groot, from City -Attorney Richard Taylor, and The Board. h eTol os motioned to dose the public hearing and Laurz hloehlenkamp seconded the motion. Attorney Groot advised
he had more witnesses. Ernie Tolos and Laura Moehlenkamp uithdrew the motion. Jim hlurray. a neighbor testified that he was not bothered by the tutodng business at the respondent's home.
hlauricio Zapata, a neighbor testified that he was not bothered by the tutoring business traffic. Ernie Tolos motioned to close the public hearing: Laura hloehlenkamp seconded The Board
voted all in favor. City ,Attorney kchard Taylor asked that the public hearing be re-opened for the Attorneys to make closing arguments. Ernie Tolos motioned to open the public hearing
for the attorneys to make their comments and Laura hloehlenkamp seconded. The Board voted all in favor. Both attorney's made closing statements. Ernie Tolos motioned to close the public
hearing and Laura Moehlenkamp seconded. The Board voted all in favor. Ernie Tolos made a motion to find the respondent not gdty of violating Longwood Land Development Code Section 3125.02
F as a matter of law. Laura SIoehlenkamp seconded the motion. The Board voted 6 in favor, 0 against and 0 abstaining. The Chair called a five-minute recess. The Chair called the meeting
back to order at 8:15 p.m. .Indrew bIcGaq made a motion to move cases J., K, and A. (under Unfinished Business) to the top of the order and Laura Moehlenkamp seconded. The Board voted
all in favor. Chair Bob Lomas called the nest case. J. CEB 02-03-2l5 James Griffin, Property Owner and Daren GriMin, Owner of Accesso~B-uilding f i O E. hlanin Avenue Longwood, FL 32750
Attorney kchard Taylor talked to the Griffms during the meeting break and reached an agreement on the behalf of the city that the city would agree to a stipulated order and if the Board
approved it there would be no need for testimony or discussion. The Chairman agreed. This is a commercial auto repair business. They have put up a storage building, free standing, which
they were told is not permitted. They did not apply for a permit KO keep the bddmg. The city would like to give them 10 days to apply for a permit if that permit is denied then they
would be allowed 45 days to take budding away or fine of 25 dollars per day on the 46th day. The respondents stood and agreed Luis -ilt.a.ndo made a motion to more fbnvard with the city's
recommendation to give the respondent 10 business days to apply for a permit if it is approved that h s case has been adjudicated if denied $35 dollars a day tine after 45 days und that
structure is removed. Laura hloehlenkamp seconded. The vote was 6 in favor. 0 against and 0 abstaining. Chic Bob Loma.-.-called the nesr case. L. CEB 01-09-156 Richard Howard 502-506
E. Seminole rive. Lon,pood, FL 32750 +**Repeat Violation G? presented a. repeat violation. Tine oripal hearing date was 09/25/01. The hnal orders were that the RV could not be parked
in d ~heo nt of the property. The respondent had 60 days to comph-and he cttd come into compliance prior to that time kame. On Slatch 14.2003 the RV w-3s back out front q i n 2nd respondent
was issued a repeat violation norification wirh 3 24-hour notice for the RV ro be moved. Photos were introduced into evidence that d ~ReV is s n l l there. Mr. Howard testified that
he is habled and che RV is his only cransportaaon and that he cmnot open the gate to put it over the fence because of hrs disability. Clarence Lane motioned to close public hearing and
-indrew
AlcGarry seconded. The Board voted all in favor. Ernie Tolos made a motion to kind the respondent guilty of violating Longwood Land Development Code 24-23.09 in support of this motion
these facts occurred that the RV is still parked in front of the property in the driveway. a nodce of riolauon was issued 03/14/02 to be complied with by 03/15/03: property was posted
with a notice of hearing on 03/15/02. Further moved that the respondent be treated as 3 repeat orfender accordmg to Florida statute 163. in the Longwood Land Development Code, a Fine
of $250.00 a day \dl be imposed. It %ill conrinue for each and every day the violation occurs after the code inspector has found a violadon. Laura hloehlenliamp seconded. The vote was
6 in favor, 0 against and 0 abstaining. Chair Bob Lomns called the nest case. This case was acrually under -LWFINISHED BUSINESS: A. CEB 01-011-180 Joan Delph, Prop. Owner &James Delph,
Tenant 812 Raven Avenue Longwood, FL 32750 *Continued -11/27/01 CEB The city presented that the Board continued this case from November meeting because they felt there was going to be
a change to the Longwood Code to affect this case. To date there have been no changes and from what the city understands there won't be any as far as carports are concerned. It is currently
a violation to have that structure there without obtaining a building permit. The city presented photos in evidence. A nodce of non-compliance was issued on 10/15/01. Notice of hearing
mas delivered on 11/03/01; certif ed letter to property owner on 11/08/01. On 11/27/01 the case was presented to the Board and the Board continued the case until March. Notice of hearing
was again issued for March 26. 3002 meeting. hLr. Delph testified he went to the permit depamnent and n o h g has changed. It takes hun 5-10 minutes to put up or take doib-n the structure.
Laura hloehlenkamp made a motion to close the public hearing. Clarence Lane seconded. The Board voted all in fk-or. Clarence Lane made a mbtion to Iind the respondent gdty of violating
Longwood City Code 519. violating current code on the books, that the respondent be given 10 days to remove structure and after removal he could reapply for a permit, if it is not removed
after the given time frame respondent would be tined $5.00 a day until brought into compliance. Laura h l o e h l e h p seconded The Board voted 6 in favor, 0 aginst and 0 abstaining.
The Chai~ad vised that concluded cases with respondents here to tesafy. The Chair asked if there was anyone else there to testify on cases corning up on the agenda. The city advised
under OLD BUSINESS: Ch& Bob Lomas cded the nest case. B. CEB 01-07-U9 Connie hl. Smock, Property Owner and William Mvarez, Tenant The Board moved thc case fonvard. City Attorney updated
the Board that h s was a case of a ort table spa in rear yard on Wildmere _\venue. The Board found them in violation p v e them a certain period of time in mhlch co remove that spa.
The spa is s d there. Cathy Price. Code Compliance Inspector who is absent from the meeting, did not document the dates. .\her that time the person got a fence permit and put up a fence
and the city is unable to see if chr riolaaon is sdl occurring. The h e is sull accruing. hlr. hlvarez testified h a t he is in compliance and the spa is moved behmd the shed and &at
the hot rub is under a tarp and
e not in anyone's view. hlr. Alvarez said he would not give permission for Code Enforcement to come onto his property to check and see if he is in compliance. lit. hlvarez swore under
oath he is in compliance. Ernie Tolos motioned to close the public hearing. Clarence Lane seconded. The Board voted all in favor. Ernie Tolos made a motion to accept the city's position
and because of the omissions on the part of the code enforcement officer there be no charges a p s t Mr. .-\lvarez. Andrew h1cGan-y seconded the motion. The Board voted 6 in faror, 0
a p s t and 0 abstaining. Chair Bob Lornax called the nest case. B. CEB 02-03-206 William D. Men Re: 5-45 E. Bay Ave. Longwood, FL 32750 The Chair called a 5-minute break. The Chair
called the meeting back to order at 9:06 p.m. The a~ presented the case, respondent ated for rash and debris. Photos were shown as evidence. %s case has come into compliance and is being
presented as a marrer of reference. The respondents told they were in compliance prior to the hearing date and that the case would not be put in Gont of che Board. Therefore it should
not be brought forward because it is a denial of due process. Case was withdrawn by the city. Chair Bob Lo= called the nest case. C. CEB 02-03-207 William Seaman, Prop. Owner & Jeny
Mangum, Tenant 1220 Hamilton St. Longwood, F1. 37250 %1 The city--p resented h e case on 0l/-7d /03 the respondent was issued nodce of violation for outdoor storage on a carport and
for a boat hot screened. Photos were presented as evidence. Respondent was issued notice of non-compliance on 01/29/01. The nodce of headng was sent certified mail to the property owner.
Chris Dapore Property Manager Gom HD Realty called to say the propert)-owner would resolve prior to meedng. The property did come into compliance prior to the meeting. Mr. Dapore was
told the case would be presented but that it had been complied to and that he need not be present. Photo was shown of property in compliance. Laura hloehlenkarnp made a motion to close
the public h&g. Clarence Lane seconded. The Board voted dl in favor. Laura Moehlenhp made a motion to Gnd the respondent pllllty of riolating Longwood Land Development Code Sections
3433.09 and 3425.13 based on and testimony the respondent was given 15 days to come into compliance or a h e each and every day of non-compliance after receiving hnal order. -4ndrew
h[cGarr)l The Board voted 6 in favor, 0 atgunst and 0 abstaining. Chir Bob Lomas called the nest case. D. CEB 02-03-208 Julia Sr Bruce Fortenberry, Property Owners and Teresa Pytel,
Tenant UOl ridams Ln. Longwood, FL 32750
p The City uithdrew this Case. Chak Bob Lomas called the nest case. E. CEB 02-03-209 Robert & Brenda Morgan, Property Owners and Diana Doherty, Tenant 199 Marvin Avenue Longwood, FL
32750 The City withdrew this Case. Chair Bob Lomay called the nest case. F. CEB 02-03-210 Roberta Sargent 342 Overstreet Ave. Longwood, FL 32705 Kithdrawn by the City because not properly
sen-ed City Attorney Richard Taylor adrised that the aq was withdran~gth e case but \;illg et proper service and resubmit the case. Chair Bob Lomas called the next case. G. CEB 02-03-211
James J. and C. Diane Hynick 301 E. SR 434 Longwood, FL 32750 The city presented the respondent was cited for trash and debris, and inoperable vehicles, and permitted uses. There were
several inoperable vehicles behmd the building. A photo was submitted as evidence of the crash and debris behind the building. There is some clean-up left and the respondent has assured
code enforcement it will be taken care of. The respondent said he is going to build a garage and put up a fence. Laura Moehlenkarnp made a motion to close the public hearing. Clarence
Lane seconded. Luis Aharado made a motion to find the respondent gdty of violating Longwood Land Development Code 12-3, and Longwood Land Development Code 3+2 and 3 4 23.7. Luis At-arado
further moved to give the respondent 10 days to come into compliance or be given a fine of 310 a day. 10 days after receipt of h a 1 orders. Attorney &chard TayIor made a point of order
on the operable vehicles that the Board h d s the respondent not gdty on this point. ,Indrew M c G q seconded the motion. Luis hlvsrado amended the motion to Eind respondent not @ty
of operable vehicles. Ernie Tolos ndvised it was supposed to be City Code 12.12-2. Luis -4lvarado amended the motion to City Code 11.13-2. =\ndrew McGxr)' seconded the amendment The
Board voted 6 in favor. 0 a+st and 0 abstaining. Clxair Bob Lomas called the nest case. H. CEB 02-03-212. Robert C. and Tyra L. Dawson 119 Bearss Circle Longwood, FL 32750 The cin presented
che case that h e respondent was cited for inoperable vehicle on 02/32/02. The respondent had nr-o inopcrnblc vehicles. On 03/07/02 one vehcle was made operable and has a tag. Thc Blazer
was s t i l l in violation. -1 notice of hearing was gven to hk. Dawson on 03/07/02 at 550 p.m. 3k. Dawson came to office md was now tn comphnce. Photos shown as sx-idence of compliance.
Ernie Tolos made a motion to close the public hexing. Laurn Moehlenkamp seconded.
The Board voted all in favor. Laura Moehlenkamp made a motion to find the respondent gdq of violating Longwood Land Development Code 23-7-4.07 for inoperable vehcles. Respondent was
given 13 days to comply after receicing the ha1 order or a fine of $95 a day will be imposed. Luis .\lvardo seconded the motion. The Board voted 6 in favor, 0 against and 0 abstaining.
I. CEB 02-03-2l3 Frederick C. and Dawn hl. Thomas 702 Eagle Ave. Longwood, FL 32750 The a~ presented this case of numbers on mailbox not visible (had been painted over). Issued notice
of violation on 02/18/02. Photo shown in evidence of non-compliance. The address is not posted on the house. On 03/02/02 notice of non-compliance was issued. Notice of hearing served
by Officer Leasure of the Longwood Police Department to Dawn Thomas on 03/13/02 at G:15 p.m. .\ndrewv h1cGarry moved to close the public hearing. Clarence Lane seconded the motion. The
Board voted all in favor. Luis Alvarado made a motion to find the respondenn gdty of violating City Code Section 5-164 further move to give respondents 10 days Erom date of receipt of
order to bring propery into compliance or $25 dollars a day fine dl be imposed. Clarence Lane seconded. The Board roted G in favor, 0 against and 0 abstaining. CEB 02-03-211 Arturo G.
and Josephine L. Guillen 110 Pineapple Ct. Longwood, FL 32750 The City withdrew this Case. A. Status of February Code Cases: CEB 02-01-196-hlr. Toro. The final orders were delivered
to him on 03/19/09. He was given one year to comply or to apply for a site plan or a $4,000 fine. CEB 02-02-302 302 Church ,Avenue &d complj-on 02/28/02. B. CEB 01-07-139 The Chair advised
that thls case had beady been taken care of. NEW BUSINESS: None. ADJOURNblENT: Chair Bob L o m a adjourned the meeting at 9:35 p.m. Chair Bob Lomu ATTEST: * -/hg& Harhalos Recording
Secretary