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CEB_04-23-02_MinCODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Avenue Longwood, Florida April 23, 2002 Present: Robert Lomax, Chair Ernie Tolos, Vice Ch& Andrew McGarry. Membcr Les Sirnrnonds, Member Luis ,Uvnrado, Member _ h y Goodblatt, Board -Attorney Bonnie Hou-ington. Code Compliance Inspector Cathy Price. Code Compliance Inspector Richard Taylor. City of Longmood Attorney Absent: Laura h.loehlenkamp. Member Clarence Lane, Member CALL MEETING TO ORDER: Chair Bob Lomas called the meeting to order at 7:04 p.m. ROLL CALL. APPROVE h1INUTES OF THE LAST MEETING. .Andrew LlcGaq moaoned to approve the minutes of last months meeting and Ernie Tolos seconded. -b y Goldblatt mentioned that in Case C (c is cur of4 the penalty is $15.00 a day instead of $10.00 and the notice of violation was dated 0 1 /21/02 not 01/28/02. _indrew SlcGarry amended the motion ro record the corrections and Ernie Tolos seconded. The Board voted all in favor. REPORTS: City Attorney Richard Taylor swore in the respondents. C h k Bob Lomar ?Lomar asked for case J. to be moved to the front of the docket per request of aaorney represenkg respondent -Andrew S l c G v made a motion €or case J. to be moved and Ernie Tolos seconded. Chair Bob Lomas called the fist case. PUBLIC HEMINGS: J. CEB 02-04-225 Michael C. Donovan 26.1 E. Bay Ave. Longwood, FL 32750 rktorney hfichael Iumer requested a motion to conkuc &us headng. b eTo los made ih2 motion to continue the case. City Acrorney kchard Taylor noted that this case involves a pool no[ fenced proprrip md is n safety issue. Chair Bob Lomas advised Atrorney Iinmer of the city's safeq-concerns. Andrew hlcGarry seconded the motion. The Board voted 1 in favor and 1 againsc. 0 abstaining. Chair Bob Lomas called the nest case. k CEB 02-04-216 Thomas R. Hennessey 108 Hamlin Ct. S. Longwood, FL 32750 The city advised this property is in compliance. the violation, a vehicle, is now gone. The case was read for the record The vehicle was tou-ed by the Longwood Police Department. B. CEB 02-04-217 Linda R. Henke, Property Owner and Lamont Thompson, Tenant 1446 Cricket Ct. Longwood, FL 32750 The city advised this properg was cited for an inoperable vehicle on 03/16/02, a Firebird with no tag, and a ilat tire. The vehicle is now in the garage and in compliance. Case was read for the record. Chair Bob Lomaz called the nest case. C. CEB 02-04-218 Delnice Corp., Property Owner and Car Fashions, Business Owner 989 W. SR 434 Lonagwood, FL 32750 The city received a telephone call from the buddmg department on 03/14/02 adrising the company applied for a permit but it was never picked up. up. Sign was installed without a permit. On 03/23/03 notice of non-compliance was issued On this date the sign company came in and picked up the permit. A h a 1 inspection is required; it has been requested and is scheduled for 04/34/02. The final inspection needs to be done for the business to be in Full compliance. Don Smith testified he is the license holder for Sign Centers, and accepa till responsibdity for the problem, whch was a communication problem. Luis Alvardo made a motion to dose the public hearing and -indrew hlcGarry seconded. The Board voted all in faror. Luis -4lvarado made a motion hnd the respondent (Mr. Smith and Sign Centers) gulp of violating Ciy Code Secdon 5-19. in support Mr. Smith stated he accepts responsibilt~:h e furher moved to give respondena 10 days from receipt of ha1o rder to bring properry into compliance or penalty of $10.00 a day v,d be imposed for each 2nd every day of non-compliance, no administ-stive costs. Ernie Tolos seconded the moaon. The Board voted 5 m favor, 0 ag4nst and 0 absraining. Chak Bob Lomm called rhe nest case. D. CEB 02-01-219 Dorothy and William Skidmore 1041 Hamilton Ave. Longwood, FL 32750 Ths propern-was cited for not having address numbers posted and outdoor storage. Phoros were produced bv the city as evidence. The notice of violation was posted on 03/31/02. Nodce of non-compliance was issued on 04/03/02. -4 notice of hexing was posted on the front door and at City Hall on 03/11/02. A photograph was taken today and a considerable amount of clesnup had been done. The address numbers have sull not been posted. hfr. Wilharn Skidmore testified that he works at night. He is gdty and has tried to comply. He did have house number on the mailbox for 35 years and did not know they were gone. Mr. Shdmore said he is aware that the house numbers need to be 3 inches and that he can post them mlthin a week. Ernie Tolos motioned to close the public hearing and Andrew hIcGarry seconded. The Board voted all in favor. Ernie Tolos made a motion to find the respondent gdty of violating Longwood City Code 5-164, address number, also Longwood Land Development Code Section 12-12 (2) msh, outdoor storage in carport, in support these facts occurred. no numbers at this time posted on house, cleared out most of outdoor storage in car port. He M e r moved to give the respondent 10 days from date of sen-ice to b ~theg pro perty into c o m p h c e or a penalty of $10.00 a day dl be imposed for address numbers on the building, as for the outdoor storage and trash the respondent is doing a good job according to photos in evidence, no h e s at this time for that, no admirustratire costs. -bdrew hIcGaq seconded. =\my Goodblatt, Board -4ttomey pointed out that the Skidmores were not cited under 12-2 they given their original notice but if you look at the hearing notice they were cited under Longwood Land Derelopment Code 2425.13 which is outdoor storage in a ' carport. The 12,12-2 has to do with branches and leaves in the yard and 23-25.1 3 prohibits trash, storage in carport. Ernie Tolos amended the motion and Andrew hIcGarry seconded the amendment. kchard Taylor, City Attorney wanted a point of clarification made; was it 10 days for numbers and finishmg clean up of carport? Ernie Tolos advised the 10 days was only for the numbers there was no time limit on the clean up because the respondent is doing a good job. The Board voted 5 in faavor, 0 against and 0 abstaining. Chair Bob Lornas called the nest case. E. CEB 02-04-220 Barry hlack, Property Owner and Tim Sexton, Tenant 1021 Hamilton Ave. Longwood, FL 32750 The city presented that this property was cited for trash and debris and an inoperable vehicle. The case w ~rsen d for the record. The propeq is now-in compliance. Chair Bob Lornas called the nest case. F. CEB 02-04-221 Slichael O'Donnell, Property Owner and Roberto Sandoval 1263 Hunt Rd. Longwood, F1. 37250 ;\my Goldblntt, B o d . \ctorney made a statement for the record h the r 1:nv f mh as represented respondent. htichael O'Donnell in the past, nor currently representing. The respondent a.as cited for 11 possible inoper~blev ehlclr. .I norice of violation was issued on 03/31/03. The notice of non-compliance was issued on 04/03/02 Notice of hearing wns posted on O-C/11/02. posted on the front door of the property and at Ciy Hd. The notice of h e a ~wga s sent certified mail. which was returned. and regular mail, which was not returned to the owner of the property. Roberto Sandoval, the tenant, testified that the vehcle does not belong to him. It belongs to his stepson Francisco hlorada. Mr. Sandoval testified he has tried to get his stepson to move the vehicle on three separate occasions and has gotten no response. Ah. Sandoval testified he would move the vehicle to his stepson's property himself. Ernie Tolos made a motion to dose the public hearing and Luis .ilvarado seconded. The Board voted all in favor. Andrew McGarry made a motion to find the respondent gdty of violating Longwood Land Development Code Section 24-23.07 in support, the testimony that the vehicle is not legally operable and is improperly stored; he hrther moved to give the respondent 10 days from serice of the final order to come into compliance or fine of $30.00 a day be imposed for each and every day of non-compliance. Ernie Tolos seconded the motion. Andrew McGany amended the motion to name the &ty party as the tenant, Roberto Sandoval. Ernie Tolos seconded the amendment. The Board voted 5 in favor, 0 against and 0 abstaining. Chair Bob Lomas called the nest case. G. CEB 02-04-222 Shannon Maurent and David Aivarado 610 Rosedale Ave. Longwood, FL 32750 The city cited thts property for an inoperable vehcle. The tag expired in 1999. Notice of violation was issued on 03/21/02. Notice of non-compliance issued on 04/03/02. Notice of hearing was served to bIartha .\lvarado (mother of Shannon hhurent) at 3:33 p.m. on 04/11/02. Today there is no tag on the vehicle but it is still in the same spot. Doma Martinez of 714 West Court, the Aunt of Shannon hIaurent and sister of Martha Alvarado testified. She brought to the meeting the ti.Je of ownership, the car was sold to Shannon hlaurent and the vehicle was inoperable because the title was lost. They would like to get the vehicle operable and get a tag. The Title wxs passed around for the Board ro view. Ernie Tolos motioned to close the public hearing and Luis _Uoarado seconded. The Board voted all in favor. Ernie Tolos made a motion to find the respondent gdty of violating Longwood Land Development Code 2123.07, inoperable vehicle, in support of h s motion these facts occurred, a gray Dodge Colt with expired Florida tag is in the driveway of the residence. on 03/21/02 notice of violation was given, notice of non-compliance was issued on 04/03/02 and notice of hearing was sewed by Code Compliance Inspector Howington on 01/11/02 at 533 p.m. to Martha _Uv;lrado. He further moved to give the respondent 10 days from date of service of final order or penalty of $50.00 day for each day in non-compliance. no adrnkstrative costs. -indrew McGarry seconded the modon. The Board voted 5 in favor. 0 against and 0 abstaining. Chair Bob Lomas called a 3-minute recess. The meeting was called back to order at 5:03 p.m. ;ittorne.~k chard Taylor d e d t he board to go head 2nd take caje fi 02-04-224 nest as clle city uished to continue the case. The Chair agreed. I. CEB 02-04-224 Edward Meiusell, Property Owner Re: 1111 N. CR 427 Lon,pood, FL 32705 ;indrew X k G q moved to continue this case cill the nest meering and Ernie Tolos seconded. Board voted 5 in favor, O against and 0 abstaining. ChnL Bob Lomas called the nest case. H. CEB 02-04-223 Edwin Knox 256 E. Bay Ave. Longwood, FL 32750 On February 13 during pro-active enforcement the property was issued a notice of violadon by the city for several violaaons. high grass and weeds, trash and debris, inoperable vehicle, boats and trailers, and outdoor storage. Photos were shown in evidence of inoperable vehicle. X gold T-bird has been moved to the back of the property but is not screened on all sides. There was a boat trailer uith two jet skis on it next to the driveway. The second vehide a black vehicle is now gone. The city advised a considerable amount of clean up was done on the hont of the property. The outdoor trash and debris has been cleaned up but there is still some outdoor storage (motor puller). On March the 7th the city went back to inspect the property, the gold vehicle was still there and there was a black Lincoln \\ith no tag. _inother notice of violation was issued for the inoperable vehicle in the kont yard and work done without a permit, which was a structure in the backyard. There is a permanent screened structure in the back yard that contains buds that was put up u-ithout a permit. The respondent was given nt-o-two week extensions, and is still not completely in compliance. Notice of hearing was posted on 04/11/02 at aty hall. Tracy Kaley girlfriend of the respondent, who also lives on the property, testified that she spoke to code about the structure and that the portable carport was not in violation before. She also stated that the airboat in the back yard doesn't need a fence because it is not bordering the street and not visible &om the front Tracy Kaley advised she could put opaque slats in the chain link fence to screen the boat and traders. Ernie Tolos made a motion co close the public hearing and -Indrew LlcGarry seconded. The Board voted all in favor. Luis Alvarado made a moaon to find the respondent g d t y of violating Longwood City Code 5-19. City Code Code 12-2(1). 12.13-3(3), and Longwood Land Development Code 2423.09 and 24-25.13 in support, through testimony the strucrure is still erected no permit issued, though the property was mowed there is s d some ectdence of grass and weeds, still trash and debris, inoperable vehicle Gold Thunderbird.on premise, ak boat w/trailer and nvo jet skis w/trailer still visible, s d evidence of outdoor storage. He asks the respondent to bring the property into compliance by following city's recommendation for a permit, continue co mow. have outdoor storage remored, erect chain link fence with slats as given in testimony. and also have vehicle removed from property. He further moved to give the respondent 30 days from receipt of h a 1 order or a penal? of $50 h e for each day of non-compliance. No adminisuadve fees assessed zindrem-M c G q seconded. Ernie Tolos raised the question was it S50.00 total on all the violations or on each? The motion was modified by Luis -ilvarado with fines as such: City Code Chapter 5-19 will be $23.00 a day fee, City Code Chapter 13,12-?(I) S1O.OO day, Ciw Code Chapter 12, 12-2(2) $10.00 a day. Longxvood Land De~ielopmentC ode 3433.07 XCL?c fi a day. Lonpvood Land Development Code 2423.09 550.00 day, and Longvood Land Development Code 3C5.13 $10.00 a day. -4ndrcrn XlcGarry seconded the modification. Citv -Attorney Richard Tnylor made a clariiicntion that the jcructure would be removed if pen& were co be denied. Luis Alvarado amended the motion regardmg the scrucue being removed md -indrew hlcGarn; seconded the ;mendmen[. Board Attorney -\my Goodblatt wondered if the Board would consider a longer iime tunit because of ~escimonyth ac hLt. I h o s is dl and is being xhcduled for surge,?-by V.-A. Chair Bob Lomas asked The Board nrtorncy about the tine for the permit and she advised fine tor pennit 5-19 snys char the h e can be either $100 or nvice the pe-rmit fee. Luis -varado amended the modon to be nvice the permit fee and would Like to esrend rime limit to 45 days after receipt of final order. -Andrew hicGarq-seconded amendment. The Board voted 5 in favor, 0 against and 0 abstaining. LNFINISHED BUSINESS: None OLD BUSINESS: None A. Status of March 2002 Code Cases: Already up to date per Chair Bob Lomas. NEW BUSINESS: None ADJOURNMENT: Chair Bob Lomxx adjourned the meeting at 8335 p.m. ATTEST: i ~ e f o r d i qSe cretary )..