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CEB_03-25-03_MinCODE ENFORCEMENT BOARD City Commission Chambers 175 \V. Warren Avenue Longwood, Florida March 25,2003 Present: Robert Lomax, Chair Laura Moehlenkamp, Vice Chair Jack Greenhalgh, Member Les Simnionds, Member Clarence Lane, Member Richard Taylor, City of Longwood Attorney Amy Goodblatt, Board Attorney Bonnie Howington. Code Compliance Inspector Cathy Price, Code Compliance Inspector Absent: Luis Alvarado, Member (Excused Absence) i\ndrc\t. LlcGaq, hlember (Excused :\bsence) ALL MEETING TO ORDER: Chair Hob Lomas called tllc mceting to order at 7:00 P.M. ROLL CALL: APPROVE MINUTES OF THE LAST IVIEETING: Laura Moehlenkamp made a motion to approve the minutes of the February 25, 2003 meeting seconded by Les Simmonds. The Board voted all in favor REPORTS: CASE UPDATES: Rc-scheduled for the -1pnl22,2003 meeting. Chair Bob Lomas called the first case. PUBLIC HEARINGS: A. CEB 03-03-297 Stcven & Gail Stein, l'ropcrty Owners ei James Bentley, Tenant P 1 187 Hunt Rd. Longn-ood, FI, 32750 ???? P The first casc was presented by Inspector Bonnie Honington. 'This casc began on January 29,2003 when Inspcctor Howington drove by and observed a trailer parked in thc front yard. The property has a very large hedge in front of it, as shown in the photogr;ipl~sb ut there is on area that is open. It was cited under City Code, Chap. 22, Sec. 22-33 on lanuaq-29.2003. I'hev were to con~plyb y February 5,2003. On February 3,2003 Inspcctor Howington rcceivcd a telephone call from the property owner Mr. Stein, who stated he spoke to hls tenants and advised them that they needed to move the trailer, and would follon-up to see that they complied. On February 6,2003 the property was checked again to see if it was in compliance, and at that time the trailer was stdl there. A 24 hour Kotice of Non-Compliance was issued to comply by February 7,2003. Inspector Howington checked the property again on February 12,2003 and the trailer mas sdl there, therefore the case was scheduled for the hIarch 25,2003 Code Enforcement Board. A Notice of Hearing \\.as sen-ed on hlichelle Kmsc on hlarch 20. 2003 at 3:31 P.hI. hls. IGuse stated that she is the tenant's girlfriend and that she resides at that address. ,-i certified copy of the Notice of Hearing \vas mded ro the property owner hLr. Stein on hlarch 7, 2003 and it \\-as also maded by regular mad &st class on hiarch 12,2003 . On March 10, 2003 hlr. Stein called wanting to know if the case was going before the Board and Inspector Howington advised him that case would go since the property had been cited several times in the past for the same violation. The property was posted and a copy of Notice of Hearing posted at City Hall on Alarch 14, 2003 since the certified notice showing that hlr. Stein had received his copy had not been returned. It nras signed for on March 13,2003 and we received back on hlarch 17. Inspcctor Flowington checked the property on March 25, 2003 and it \\.as in p compliance. Mr. Bentley spoke on his behalf e s p h g that he has been at this residence for almost 9 years and has had medical problems for the last two years. Previously when he first moved to this residence he was able to park lis trader in the backyard, but the City installed a gatc fi~rtherd own the alley, so he had no access to his backyard. At that time he had no choice but to park the trader in the front yard. At the time he received the Notice of Violation he was out of town, and the trailer needed some repair but as soon as he came back he moved the trailer. The Chairman asked hlr. Bentley if he understood what the xiolation was all about and hlr. Bcntley said yes. Mr. Stein spoke and apologized for being there and for the occurrence of that incident on h s property. He stated he should haw been more encouraging to Mr. Bendey, and he has been q i n g to work with him. since both Xlr. Bcntley and h s girlfriend hare been trying r e v hard despite the critical medcal and financial hardshp they hare gone through during ;he past few years. I-le stated that the Citfs patience and understanding was greatly appreciated and that he wdl see that they never have to come before the Board again. A Motion to close the public hearing was made by Laura Aloehlenkamp. scconded by Les Simrnonds. :Ill were in favor. Les Simmonds made a motion to find the respondent guilty of Longwood Development Code, Chap. 22, Sec. 22-33. I k t s are a Notice of Violation was issued on 0 1 /29/03 to comply by 02/05/03. Notice of Non Compliance was issued on 02/06/03 to comply by 02/07/03. Case was then scheduled for the Code Board. IHe further moved to give the respondent 10 days from date of service of h a 1 orders to bring the property into 1)" compliancc or S1O.OO n day fine would be imposed and will continue for each and everyday of non compliance. The motion was scconded by Laura Mocldenkamp. All voted in favor. P Chairman Lolnas called the second case: B. CEB 03-03-298 Ethel E. Schuette Heirs 8c lewcll Ann Schuette, Prop. Owners 899 Lormann Cir. Longwood, FL 32750 The case was introduced by Inspector Bonnie Homington. On January 14.2003 she observed a trailer sitting in front this vacant house. There was a ladder. a bucket and an extension cord on the roof that ran from that house to the house nest door, 895 Lo-nn Circle. There was nobody at the house next door, checked with the Buildmg Dept. to see if a permit had been issued, none having becn issued a Notice of Violation and a Stop Work Order were issued. since it appeared that a re-roof job mas being done. They \vere p e n 7 days to obtain the perllt. As of January 22,2003 no permit had been applled for. Inspector Howington went again to the site and issued a Notice of Non Comphnce. as it appeared that the job had been completed. There was no contact at all from the propcq owner at this time. On February 6,2003 Inspector Honington drove by the property again and noticed that the grass was not maintained and the weeds were ver\-high and some debris in the yard. ;\ Notice of I'iolation was issued on the grass/weeds and the trash/debris on February 6,2003 to comply by February 13,2003. On February 19,2003 thc property was checked again, no chmge, and tsvo notices were sull posted. On hlarch 10, 2003 a Notice of p Hearing \ n s rnadcd to the property owner certified mad, return receipt requcstcd. On hlarch 1 1,2003 hir. Douglas hlcBraper called, stating he was the brother in Ian. of thc property owner hlrs. Schuette and advised that Mrs. Schuette had been in a nursing home for quite sometime and that hc had power of attorney for her. He was advised that he needed to take care of these violations and he assured that they null be taken care of. On hlarch 1 1, 2003 we received the green card indicating that Mr. h1cBraycr had signed for the Notice of Hearing. On hiarch 12,2003 Robert h,lcBraycr. Doughs hlcBrayer's son came to the office and advised Inspector Howington that he will go to the Bddmg Dept. and apply for the building permit, and stated he wdl take care of all the violations. As of March 20,2003 a permit had not yet been issued accordmg to the B d h g Dept. records, it was applied for on hiarch 18, but it had not been issued. At that time Mr. hIcBrayer was notified that the case was being taken to the Code Board. On March 21,2003 the permit was picked up. A site inspection was done on March 25,2003, the trash and debris had becn cleaned up, the grass was mowed but therc were weeds that needed to be taken care of. The work without permit issue is now in compliance. Mr. Robert hIcl3rayer spoke. stated that it was his fault that dungs had gotten out hand. Statcd he had planned to take care of, but due to the rain had not been able to do so. As far as the permit issuc he was not aware a permit was required. If he mould have known he would haw applied for one. 1.aura hloehlenkamp made a motion to close the public hearing seconded by Jack Greenhalgh. All voted in favor. favor. P. A motion was made by Laura hloehlenkamp 10 hnd the respondent guilt). of violating Longwood City Codc Chapter 12, Sec.12-2-1 and Longwood City Code Chapter 12, Sec.13- P 2-2. She further moved to give the respondent 10 days from date of service to bring the property in compliance or a $15.00/day fine for each and every day unal comphncc. Xo administrative fees. The motion was seconded by Clarence Lane. -All voted in favor Chairman Lomax called the third case: C. CEB 03-03-299 Dorothy L. I;q, Trustee, 1-BO Dorothy I,. Fry, Property Owner 105 Shady IA Longwood, FL 32750 l k s case was presented by Inspector Bonnie Howington. 'I'here was an R17 at the side of the property which is not screened, this is basically a van with a topper on it but still considered an RTT. -Phis RV ran was also cited about a year ago for being in the same place and it dld come into compliance and the case was closed. On February 14,2003 Inspector Howington returned a telephone call to Dorothy Fry, Property Owner, who statcd that the RV can hardly be seen and asked if there was someone that she can griex-e the case to. Inspector Howington advised her there was not a grievance P procedure but that she could go before the Code Enforcement Board. She mas also was advised that we cannot change the code. Inspector Howington did advise her that shc \vas more than welcome to contact the City Commissioners or the City ,4dmnimstrator if she chose to. On February 18,2003 Inspector Hoivkgton had a voice message from Mrs. Fry, xho stated that the last time she was cited she came and talked to a man and he looked up the file and said she had complied, therefore she never ga\*c it any additional thought. She stated that she had hurt her knee, therefore it would take hcr a week or so to see the City Addstrator, that was on February 18,2003. On February 19,2003 Ms. Howington called hlrs. Fry and adxjsed her that she had no choice but to continue the paper work since the RTT was still there and not in compl.tancc. She stated she had a hardship because she was not able to open the gate. Inspector Howington told klrs. Fry that she \vould get onc of the supenisors to talk to her. Gus Carbonell dld ialk to her on February 20,2003 and hlrs. Fry was advised that her request for an extension could not be revie~vedo r granted through the Code Compliance office. She was told that she would have to make all of her requests before the Code Enforcement Board. She stated that she would participate in the Code Board meeting on hlarch 25,2003. The Notice of Hearing was served to hhs. Fry on hlarch 10,2003 at 3:45 Phi. The property was checked again on Rlarch 25. 2003 and the RT' was still there. Mrs. Fry spoke in her behalf, and stated that basically the RI7 was only visible when you are right in front of it, it cannot be seen from either side. She stated she has taken pictures from her house and from her neighbor's house and the RV is not risible and that it is not a recreational vehcle but transportation for her. If she had to put up a fence it would be a hardshlp for her due to the fact that the gates are extremely heaxy. She stated that when she first moved to the property she had a fence and the gates were extremely heavy e and since she non-is 76 years old, has osteoporosis and arthritis she docs not want to do all that. She requested that she would not be required to put those gates, whlch would have to