CEB_09-24-02_MinCODE ENFORCEMENT BOARD City Commission Chambers 175 W. 7cVarren Avenue Longwood, Florida MINUTES SEPTEMBER 24,2002 Present: Robert Lomas. Chair Ernie Tolos. Vice Chair Andrew SIcGarry.
AIember Laura Moehlenliamp. Alcmber Clarence Lane, Member Richard Taylor, City of Longwood .\ltorney -\my Goodblatt, Board Attorney Bonnie Honington, Code Compliance Inspector Cathy
Price. Code Compliance Inspector Absent: Les Siinnlonds, XIember. escused absence. Luis -4lvarado. Member. excused absence CALL MEETING TO ORDER: Chair Bob Lomas cded the meeting to
order at 7:00 p.m. ROLL CALL. APPROVE MINUTES OF TI-IE LAST MEETING. Ernie Tolos made 3 motion to approve the minutes of the August 27.2002 meeting. Laura M o h l e r h p seconded h
e motion. The Board 1-oted all in faror. REPORTS: None Chair Bob Lomas called the first case, Cinr ;lttorncv Richard Taylor sxvore in all people giving testimony. PUBLIC HEARINGS: A.
CEB 02-09-261 Perla Escobar 468 \Vinding Oak Ln. Longwood, FL 32750 Case \vas \\ithdra\vn. 'l'he ChaLman call?ed the nest case: B. CEB 02-09-262 Rosario Robinson 488 Winding Oak Ln.
Longwood, FL 32750 Case is in compliance.
The Chairman called the nest case: C. CEB 02-09-263 Timothy Hendrick 640 E. Church Ave. Longwood, FL 32750 Case is in compliance. The Chairman called the nest case: D. CEB 02-09-264
Edwin Knox 256 E. Bay Avc. Longwood, FL 32750 This case mas brought before the Board in -4pd. The respondcnt was found guilty on :+il 33, 2002 of \~olatingLongvoodC ity Code 5-19. City
Code 12-2(1), 12.12-2(2), and Longwood Land Del elopment Code 2+23.09 and 24-23.13. was ordered to obtain a pcrnlit or to rcmow the structure and -a-as given 45 days aftcr the receipt
of the ha1 order to comply. Thc respondent has done nothing. The respondent was re-cited on August 23. 2002 under Florida Burldulg Code 104.1.1. Photos wcrc shown in evidencc of the
~iolationO. fficer Coch of the Longwood Police Department serred notice of heanng to hlr. I h o s on IF. 09/06/02 at S:15 p.m. Tracy Icaley, co-resident of hlr. Edmin I h o s spoke on
h s behalf. hls. Iizley advised that this is a portable, freestandmg structure, which doesn't requirc a budding pennit. She admed that she took four pages of photographs of s d a r structures
in the ciq-. Chahman Lomas ad\-ised her that the Board is only concerned ~ tthhe ca se before &ern at this time. Ms. E;?le~re plied that it was selective code enforcement. Chairman Lomas
advised her to approach the c ic~om mission on that regard and she advised she would. hir. I b o s ~ 3prscs ent and re-iterated n-hat hls. Iialey said. hls. IGlev adamantly stated that
&is mas not a structure according to Wcbster's Dictionary. Board Attorney Amp Goodblatt advised Cie Code section 5-19 requires a building permit issued for all new construction, sheds,
fences, water heater, and concrcte slabs. T7ice Chair Ernie Tolos said a saucturc according the Florida Budding Codc is that whch is built or constructed. hndrcw hlcGaq made a motion
to close the public hearing. Laura hloeldenkainp secondcd. Thc Hoard voted all in favor. There was some discussion about some photographs to be introduced. Ernic Tolos motioned to re-open
the public hearing seconded by Laura hloeldenkamp. The Board voted 3 in favor and 2. opposed. City Attorney kchard 'l'aylor asked the Code Inspector to introduce photographs previously
taken. Exhibit 1 and 2 were introduced into evidence. Photos were also introduced to Mr. I h o s and hls. Ibley. Attorney Taylor gave the city's recommendation to the Board to give a
reasonable linlitcd period of time, to mol-e structure and/or to get bddmg pemlit md le\y a fine of $100 per day. Clarcnce Lane made a motion ro close public hearing: seconded by *\ndrem
hlcGarry. ,flle.noard voted all in favor. -4ndren-hhIcGaq made a motion to find the respondents guilty of violating Florida Buildmg Code lO1.l. 1. the x-iolation based on non-compliance
b~ 08/30/02. Me hrtl~emr ored to /L give the respondents 5 days from date of senice to bring the property into comphance or the structure should be referred to the city for retnox-al,
unul it is removed rhe respondents
I-dl be given a fine of 6250.00 per day for each of non-compliance. hk. Kale)-interrupted the motion shouting about selectir-e code enforcement and structures like this all over the
ci@. The Board voted 5 in favor, 0 against, and 0 abstaining. Ihe Chairman called the nest case: E. CEB 02-09-265 Roman & Henryka Swelton and Andre J. Rejch 805 Van Ness Circle Longwood,
FL 32750 Complaint was received by the city regarding a pool that was not secured. r\ notice of violation \vas issued. Cited on 08/13/02 requiring comphance by 08/20/02. Notice of noncompllianc
n-as issued on 08/20/02 requiring compliance by 08/28/02 and compliance was not met bv that date. Photos were shown in evidence of a wood stockade fence in poor condition with a lot
of slats nissing: a gate that has no hmges. Board attornev Amy Goodblatt asked if the openings mere in excess of 3 inches. The city advised that dogs \\we getting out of the fence by
pushing out the slats and showed photos of gaps in the fence. Officer loncs of the Lonpood Police Deparment serred a notice of hearing on 09/06/02. There was some &scussion about the
service being properly made on all three people listed on the complaint specifically hfr. Rejch. The respondents wcrc not prcscnt. Laura hfoehlcnkarnp made a motion to close the public
hearing seconded by Clarence Lane. The Board \voted all in favor. Clarence Lane made a motion to fhd the respondcnts, Roman & P Henryka S~veltong. uilty of violating Longwood Cih Code
Scction 5.93: a notice of noncompliance was served 08/30/03 and not met by conlpliance date. I-Ic further moved to give 20 days from date of service of the notice or a penal9 of $50
d l be given for cach day of non-compliance. Andrew hIcGarry seconded the motion. Thc Board voted 5 in favor, 0 against and 0 abstaining. The Chairman called the nest case: F. CEB 02-09-267
Steven Boetto, Property Owner and Jimmy Goodman, Owner of Discount Golf Balls by Jimmy G. 249 E. SR 434 Longwood, FL 32750 Case was in comphnce. The Chairman called the nest case: G.
CEB 02-09-268 Gui Lin Liu & Shuang Yu Lau 502 Freeman St. Long-~oodF, 1 32750 * Neighbors at 506 Freeman Street tnade thls complaint. 'l'he complaint \vas of a garden planted in the
back yard that nns causing an erosion problem to the neighboring property.
e The problem m-as caused by a garden, w l d h~ad been dug with swalcs. Ther were also cited on a concrete slab that n-as added which is cracked and not 111 compliance with code. On
07/19/02 the Code Inspector met with hlrs. Vandesteet at 506 Freeman Strcct and ras allowcd access by her into her yard to take photographs. Photos were she\\-n in exidence. -1 notice
of~-iolationw as issued on 08/08/02 for violation of Longwood Development Code article 10.3.lL\, also cited for permits under Florida Bulldmg Code 104.1.1. A permit should have been
procured for the concrete slab. On 08/14/02 code enforcement received a phone call from a friend of the respondent named John who advised that the respondent did not speak English and
he wished information to relay to the respondent. On 08/16/02 a I oice mail mas received from the respondents friend Jeannie m-110 asked for the citation to bc esplaincd to her. On 09/05/02
a notice of non-compliance was issued. On 09/06/02 Officer Tones of the Longvood Police Department served the notice of hea~ing. Jeannie Chou tesufied for the respondent. She adxised
that the respondent was in the process of getting a swimming pool put in d ~bea ck yard and it would take care of all the problems. hls. Chou advised the respondent should know by end
of nest week a time frame for the pool construction. City attorney Richard Ta) lor recommended remedial action to the satisfaction of the city engineer to alleviate the problem: 3 pool
permit wo~ddn ot help the problem. Xeighbor Dm Tihakos From Lonpood Plantation Homeowners -1ssoclation testified that according to their bj laws, no home omncr is allowcd to change the
elevation of the lots and that an r\rclitecnu-a1 Keriem Board must appro^-e a swimming pool. Jack TTandestreet from 506 Freeman Street testified that the respondent never got a budding
permit for the fence or the slab and that the problem has been ongoing for 3 J-ears. Pool has nothing to do nlth grade of property. Ernie Tolos made a motion to close publ~ch earing
seconded by _Andrew Andrew rn XlcGarn-. The Board voted all in favor. Andrew hlcGarq-made a motion to find the respondents gdty of violating Florida Building Code 104.1.1 and Longwood
Land Del-elopment Code article 10.2.1.:\. in support of thls motion testimony and e-iidence submitted. He h t h e r mo-i-ed to give the respondents 5 days from date of senice of tlus
order to remove the slab and return the property to thc original plan with approval of the cit). engineer complete with a grading plan survey indicating verification of restoration of
the original gade or a penalty of $100 per daj from date of service, for each day of noncomplliance He clarified that would be $50 for each violation for a total of $100 per day. Emie
Tolos scconded the motion. -\ndren hlcGarry amended motion LO extend the 5 days to 15 days from date of senice. Ernie Tolos seconded the motion and the amendment. The Hoard voced 5 iu
favor, 0 against and 0 abstaining. The Chairman called the nest case: H. CEB 02-09-269 Carmen Bassallo 109 Hamlin Ct. So. Lonpood, FL 32750 Case was withdrawn. I l e Chairman called
the nest case: I. CEB 02-09-270 Jeff Canne 287 S. Grant St. Longwood, FL 32750
I-/The propcrty was originally cited for a large amount of tree limbs and debris on property. and an abo\ e ground pool with partial wood deck around it. The tree hnlbs and debris are
in comphance. The pool has sis-foot fcnce on two sides of the property: on the cast side of the property is n four-foor chain link fence. The property n-as cited in error last month
and the case was withdrawn and re-cited under Longwood City Code section 5-93. pool-fencing criteria. Issued notice of violation on 08/22/02 to comply by 09/01 02. Officer Jcff Coch
of Longvood Police Department served notice of hearing at 8:35 p.m. on 09/06/02. Jcff Canne testified that he \\-as actually cited on this fence in June of 2001. At that time he apphed
for a buldmg pennit to replace the fence. I-Ie discussed the problem with the gap in the fcnce with the Bullhg department. They issued a permit and it was signed off on 01/18/02 saying
the job \vas complete. A permit and site plan was submitted into evidence by respondent Jeff Canne. hlr. hlr. Came objected to being brought before the Board on a problem he felt he
had already comphed nith and said there are many other houses in the area with four-foot fence around their pool area. Laura Xioeldenkamp made a motion to close the public hearing. Clarence
Lane seconded the motion. The Board voted all in favor. Andrew h1cGan-y made motion to hnd the respondent guilty of riolating Longwood Development Code section 5-93 pool fence criteria.
In support of this motion is the testimony seen and heard with respect to the existence of a four-foot section, which is unfinished in securing of the pool area. He further m o ~ e dto
give the respondent 15 days from thc date of senice of the order to bring the section into compliance or a penalty of S5O a day will bc given for each day of non-comphance. Ernie Tolos
scconded the motion. The Board voted 3 in favor, 2 against, (Laura hloehlenkamp and Clarcnce 1,ane) and 0 abstaining. b* UNFINISHED BUSINESS: None. OLD BUSINESS: Code Enforcement Inspector
Bonnie Howvington had a question for the Board on Mr. Ihos's case cited in April for outdoor storage, the question was not allon.ed by Board Attorney . b y Goodblatt. NEW BUSINESS: None.
ADJOURNhlENT: Chair Bob Lom adjourned the meeting at 7:M p.m. ATTEST: ,l ,mlj~*d ./&&&&? h g e 9 Harhalos ~ e c o r d i nSe~cr etary