CEB_02-24-04_MinCODE ENFORCEItlEST BOARD City Commission Chambers 175 W. Warren Avenue Longwood, Florida hlinutes February 23,2003 Present: Jack Greenhalgh, Member John "Bob" Lomax, Chair Laura Moehlenkamp,
Member Les Simmonds, Member Also Present: Richard Taylor, City Attorney Amy Goodblatt, Board Attorney Bonnie Howington, Code Compliance Inspector Cathy Price, Code Compliance Inspector
Lt. Butch Yelvington, Longwood Police Department Absent: Luis Alvarado, Member (excused) Clarence Lane, Member (unexcused) Andrew McGarry, Member (excused) 1. CALL JIEETING TO ORDER
1 ROLL CALL: John "Bob" Lomax, Chair called the meeting to order at 7:00 p.m. Thc Recording Secretary called the roll. Board Members Luis Alvarado and Andrew McGarry \{.ere both unable
to attend the meeting. John "Bob" Lomax. Chair asked for a vote of approval for their absences. This motion was approved. Board Member Clarence Lane has moved out of the City of Longwood
and a replacement will be appointed. 7 2. APPROYAL OF AIISLTES: The Minutes of the October 28?, 2003 nleeting were presented for approval. Mr. Simmonds made a motion to approvc. seconded
by Mr. Greenhala. Amy Goodblatt. Board Attorney asked for clarification as to whether the Election of Officers had been presented in the October minutes. She asked that the minutes reflect
the fact that it was agreed upon not to hold the elcction at the last meeting in Octobcr. but to postpone it to the next meeting. This correction needs to be made to the minutes. Chair
"Bob" Lomax asked for approval of the minutes as written except for the one exception regarding Election of Officers. Motion carried by a unanimous voice vote. 3. REPORTS -CASE UPDATES:
None. CEB 03-23-0411
4. PUBLIC HEARINGS: A. CEB 04-02-346 Greg D. Valden d/b/a; The Fish Bowl 1640 N. Ronald Reagan Blvd. Longwood, Florida 32750 Code Con~plianceIn spector Howington reported that The Fish
Bowl, was cited for violating City Code, Chapter 10, operating without a City occupational license. A Notice of Violation was issued on 0111 7/04 to comply by 01/24/04. A call to Occupational
licensing on 01/29/04 indicated that Mr. Valden still had not applied for the license and the case was scheduled for the Board. Notice of Hearing was served to employee Tim McAffee on
02/08/04. On 02/12/04 the code enforcement office was infornled that The Fish Bowl had applied for an Occupational License. This business is now in compliance. Inspector Ho~vington asked
that the Board find ,Mr. Valden guilty of having violated City Code Chapter 10 in case there are any problems with him renewing his license in the future. Chair. "Bob" Lomax accepted
the motion to close the public hearing. Ms. Moehlenkanlp n~otioneda nd Mr. Greenhalgh seconded. Motion camed by a unanimous voice vote. Ms. Moehlenkanlp then moved. seconded by Mr. Greenhalgh
that Mr. Valden, conducting business as The Fish Bowl, be found guilty of violating City Code Chapter 10, failure to obtain a City Occupational License. B. CEB 04-02-347 David Lenz,
Property Owner 349 E. Jessup Ave. Longwood, FI 32750 Code Compliance Inspector Howingon reported that Property Owner David Lenz. 349 E. Jessup Ave. is in violation of City Code Chapter
12. Sec. 12-2 (2) accumulation of trash or debris on public or private property. Also. he was cited for Code Chapter 12.5 which prohibits outdoor storage in residential districts and
City Code Chapter 22, Section 22-32, Commercial Vehicles which must be stored in side or the rear yard and be screened on all sides by a 6' solid fence. wall or dense hedge. There can
be no more than one commercial vehicle per parcel. A complaint was received from a neighboring property owner who was concerned that there were always hvo large commercial vehicles parked
on the property and there were piles of wire and wooden spools stored in the back yard. CEB 03-23-0412
A Notice of Violation was issued on 1 1/25/03 to cornply by 12/03/03. Notice of Non-compliance was issued on 12/18/03 to comply by 12/19/03. Lnspector Howington went back out to the
property on 01/08/03 and told the tenant that she had worked with him as long as she could and the case would now have to go before the Board. Ms. Howington went back to the property
on 01/21/04 and very little change was noted. Notice of Hearing was served to Property Owner David Lenz on 02/08/04 at 11:35 am., by Officer Jammes, Longwood Police Department. On 02/19/04
Mr. Lenz advised our office that the property was now in compliance. As of 02/24/04, the property is completely cleared of trash and debris. Chair "Bob" Lomax opened the public hearing.
Mr. David Lenz, Property Owner, 349 E. Jessup Ave. stated that he lives across the street fioin the house. He is the o\vner of both homes. He states that there was constant conflict
with his stepson, the tenant, and that he finally moved out of the house. He states he did everything he could to rectify the situation. Mr. Sinmonds asked why it took so long to comply
with the code violations. Mr. Lenz stated that Inspector Howington did not come directly to him. but went to Michael. his stepson and he is not a responsible individual. Chair "Bob"
Lomax asked for a motion to close the public hearing portion of the case. Ms. Moehlenkamp moved, seconded by Mr. Sinmonds. Ms. Moehlenkanlp made a motion to find David Lenz guilty of
violating City Code Chapter 12. Sec. 12-32, City Code Chapter 12.5, and City Code Chapter 22, Sec. 22-32. No fines or fees. Mr. Sinmonds seconded the vote. Motion carried by a unanin~ousv
oice vote. C. CEB 03-02-348 Kathy Hornsby, Property Owner 600 Rosedale Ave. I,ongwood, FL 32750 This case involves City Code Chapter 22, Sec. 22-33 which states boats, RVs. campers and
trailers must be parked in the side or rear yard and screened on all sides by a b'solid fence wall or hedge. This property owner has been cited numerous times in the past 3 or 4 years
for violating the code. At times there are 2 trailers parked here and frequently one is parked in the back yard and the other on the right of way. Code Inspector Howington stated that
xvhat ofien occurs is the property is cited and when reinspected the trailers will disappear for several days and then reappear. Inspector Howington went to the property on 12/03/03
and observed that one trailer was parked on the rlway. The Inspector returned to the property on 12/04/03 and the trailer was gone from the right of way but there was one in the back
yard. A Notice of Violation issued on 12/04/03 to comply by 1211 1/03. CEB 03-23-0413
CI On 01/07/03. Inspector Howington performed a reinspection of the property and the trailer was parked in front of the garage in the back yard. On 01/08/04, one trailer was in the back
yard in front of the garage; the second trailer was attached to a truck and parked across the street in the right of way. Notice of Hearing was served on the property owner Kathy Homsby
at 1 1 :44 am on 02/08/04 by Officer Matthew Jammes of the Longwood Police Department. On 02/05/04, a permit was issued for the installation of 6' wooden fencing around the existing
chain link fence in the back yard. The fence was installed and the back of the property is now completely enclosed. The property oLvner did obtain a final inspection for the fence. Inspector
Howinglon now requests that Ms. Homsby the property owner be found guilty of violating City Code Chapter 22. Section 22-33 Amy Goodblatt, CEB Attorney asked if the property came into
compliance after the Notice of Hearing was served or prior to the Notice of Hearing being senred. Inspector Howington stated that the permit was issued on 02/05/03 and she received the
Notice of Hearing on 02/08/04 to comply by 0211 1/04. Ms. Moehlenkamp made the motion to close the public hearing portion of this case. The motion was seconded by Greenhalgh. Motion
carried by a unanimous voice vote. Mr. Simmonds moved. seconded by Ms. -Moehlenkamp based on testimony heard to find the respondent guilty of violating City Code Chapter 22. Sec. 22-33.
No fine or fee at this time. Inspector Howington requested that Case # CEB 04-02-35 1 be n~oved ahead of Case # CEB 04-02-349, due to respondents present for Case #35 1 and none present
for the C. other two. Ms. Moehlenkamp motioned, Mr. Greenhalgh seconded. Motion carried by a unanin~ousv oice vote. Case # CEB 03-02-35 1 to be moved to the next position on the agenda.
F. CEB 03-02-351 Christopher & \\'anda Bullock 765 Longdale Ave. Longwood, FL 32750 Inspector Hoivington stated that the property owners at 765 Longdale Ave. were cited for work without
a permit. Florida Building Code Section 101.1 .l. They \ifere cited for trash and debris. City Code Chapter 12, 12-2.2. In addition they were cited for City Code Chapter 5, Section 5-163.
Address number posting. On 1211 1/03, Hoivington stated that she ~vaasb le to observe the back yard of 765 Longdale Avenue after receiving approval from the neighbor to access the back
yard of her property. Inspector Howingon issued a Notice of Violation and a Stop Work Order on 1211 1/03 to comply by 12/18/03. On 01/16/04 Inspector Howington spokc via telephone with
the property owner and advised that it was necessary to contact the building department and apply for a pernlit. A pre-notice of hearing was mailed to the property owner on 0 112 1/04.
rn CEB 03-23-0414
Inspector Howington stated that the property owners applied for a permit on 02/09/04. The Notice of Hearing was sened to property owner Wanda Bullock on 02/08/04 at 12:27pm by Officer
Lisa Martin of Longwood Police Department. As of 02/24/04 the property had been cleaned up and that portion of the case is in compliance. Inspector Howington questioned whether address
numbers had been placed on the house. The property owner stated that they had been installed on the door of the house. Chair "Bob" Lomas opened public hearing. Chis Bullock, 765 Longdale
Ave., stated that the address numbers in question are on the door. Mr. Simmonds stated that numbers on the door cannot be seen when the door is open and requested that these numbers
be moved. Property owner Bullock agreed to immediately move the numbers to a more visible location on the house when he returns home. Ms. Moehlenkamp moved, seconded by Mr. Greenhalgh
to close the public hearing. Motion carried by a unanimous voice vote. Mr. Greenhalgh moved, seconded by Mr. Simmonds to find the respondents guilty of Florida Building Code Section
104.1.1 and City Code Chapter 12. 12-2.2. It was requested that no fine be assessed. Motion carried by a unanimous voice vote. D. CEB 01-02-349 Dennis Costello, Property Owner 1212 Logan
Dr. Longwood. FL 32750 Inspector Howington originally cited Dennis Costello. property owner of 1232 Logan Dr. for a boat parked in the yard without the proper screening. Upon return
for reinspection. Ms. Howington noticed that a fence was being erected without a permit. On 12/04/03 a Notice of Violation was issued to comply by 1211 1/04 and a Stop Work Order was
issued. Mr. Costello was in violation of Florida Bldg. Code Section 104.1.1 and also in violation of the Longwood Development Code, Article V, Section 5.3.3, requiring a permit to be
obtained prior to installing newr fencing. Compliance was to be met by 1211 1/03. The property owner submitted an application for a permit on 12/10/03. Another check on 12/27/03 showed
that the permit had not been picked-up. After the holiday break on 01/07/04, Officer Howington was advised by the Building Department that the permit had been approved. The property
owner had been called on 12/23/03 and advised that the permit was ready. Inspector Howington called the property owner on 01/20/04 and left a voice message stating that the pennit had
to be picked-up in order to close out the case. CEB 03-23-045
By 01/27/04 the permit had still not been retrieved and the case was then scheduled for the Code Board. Notice of Hearing was served on property oivner Mr. Costello at 1 1:50 am on 02/08/04
by Officer Matthew Ja~nmeso f the Longwood Police Department. The record indicates that the permit was picked-up on 02/09/04, however to date the final inspection has not been completed.
The fence appears to be con~pletea nd we are requesting that Mr. Costello be found guilty of violating Florida Bldg. Code. Sec. 101.1.1 and LDC, Article V. Section 5.3.3. If the property
owner states that the fence is complete, then he should proceed with getting the final inspection done. If the fence is not complete, then Mr. Costello will have 6 months, until 08/09/04
to obtain a final inspection. At the end of the 6 month period if he has not called for a final inspection then lis permit is considered null and void and he must start the entire process
over again. Chair "Bob'' Lomax asked if therc was anyone here to speak on behalf of of Dermis Costello, property owner, Case # CEB 04-02-349. There were no speakers. _Mr. Simmonds moved.
seconded by Ms. Moehlenkamp to close the public hearing. 1Mr. Simmonds motioned that the respondent be found guilty of violating Florida Building Code. Section 104.1.1 in regards to
permits for a fence, also LDC, Article V, Section 5.3.3. There is no fine at this point and they have 30-days from the date of service to obtain the inspection. Mr. Greenhalgh seconded
the motion. Chair "Bob" Lomax asked if there was to be a fine involved if the property owner did not respond ivithin 30-days to obtain the inspection. 1Mr. Sinlmonds stated that if the
property owner does not come into compliance within that 30-day period that the defendant be fined S20.00 per day ~vithn o administration fee. Chair "Bob" Lomax asked for a second to
the amendment. Mr. Greenhalgh seconded the amendment. ,Mr. Simmonds then amended the motion to remove the fine and to replace the 30-day response time allowed to 6 months as stated by
law. Jack Greenhalgh seconded the amendment. The motion carried with a thrce/one roll call vote. Members "Bob" Lomax. Jack Greenhalgh and Les Simmonds voted aye and Member Laura Moehlenkanlp
voted nay. E. CEB 04-02-350 Brenda Yovaish, Prop. Owner 6: John Matthew Parke, Tenant 539 Land Ave. Longwood, FL 32750 Inspector Howington noted that on 01/03/04, she received an anonymous
complaint that a work trailer was parked in the driveway at this location every afternoon and weekend. Upon inspection there was a box trailer with advertising hooked-up to the back
of a pick-up truck. Ms. Howington also observed a utility trailer parked in side yard which was not screened and address nunlbers were not posted on the house as required by code. CEB
03-23-0416
The recording secretary called for a brief recess to change audio tapes. The meeting was called to recess for live minutes. When Chairman "Bob" Lomax reconvened the meeting Mr. Simmonds
asked whether the address issue had been resolved. It was stated that it had been. Motion carried by a unaninlous voice vote. G. CEB 04-02-352 Valkun Enterprises, Inc., Prop. Owner;
U'amsely Residential Realty Co., Reg. Agent; Jeffrey Kunion, Officer/Director & Carol Ann Erickson, Tenant 305 i\;. Oak St. Longwood, FL 32750 Inspector Howington stated that on 12/01/03
she removed a sign from a pole which advertised home child care and spoke to the tenant Carol Erickson who admitted that she does watch children, but that she doesn't have an occupational
license. She said it took 90 days to obtain the license. Inspector Howington called the number on the flyer on 01/08/04 and asked if she was still doing babysitting and what the fee
was. Ms. Erickson stated that she \vas babysitting and the price was S85.00 per week. On 01/08/04. Inspector Howington issued a Notice of Violation advising Ms. Erickson that she needed
to obtain an occupational license for the day care or cease operation. Ms. Erickson stated that she had been running her business from this location since 2001. She stated that in August,
2001 a representative from thc Department of Children and Families and the Longkvood Police Department did an investigation of the operation and at that time she was told they would
"get back to her about licensing." She knew that she needed a license, but stated that since no one got back to her that she didn't apply for one. Lnspector Howington said that at the
time of her inspection. ten children were observed at this location, and all but one or two of the children appeared to be pre-school age. After contacting the Department of Children
and Families, she was informed that Ms. Erickson had applied for a license and to register to operate a child care facility. Both of those requests were denied approximately one year
ago. She was told to cease operating her business. Ms. Erickson withdrew her application. She reapplied and was denied in October of 3003. A certified letter was sent to Ms. Erickson
by The Department of Children and Families advising of the denial. On 11/03/03 Ms. Erickson requested a hearing with The Department of Children and Families -the time of the hearing
was to be announced. On 01/21/04, Inspector Howington re-inspected the property and found ten children to be in the care of Ms. Erickson. Inspector Howington advised Ms. Erickson that
she could not operate her business without the proper license and she stated that she had applied but was denied and she was appealing to the Department of Children and Families and
that the hearing Ivas scheduled for 03/01/04. CEB 0323-0418
Inspector Ho~vingtonis sued a Notice of Violation on 0 1/2 1/04. Inspector Howington infom~edth e tenant that she can only takc care of 5 children. On 01/28/04 Ms. Erickson asked if
she could appear at the code board meeting to request an extension. On 0211 0104, the Affidavit of Service was made on Carol Erickson at 8:01 am by Officer Robcrt Ladoczky of the Longwood
Police Department. Certified Notices of Hearing were sent to Valhn Enterprises, Property Owner: Wamsely Residential Realty. Registered Agent and Jeffrey Kunion, Officer/Director. On
02/11/04 an Affidavit of Service was signed that Jeff Anderson had been served at 258pm on 02/09/01 by Officer Tim Cooper of the Longvood Police Department. On 0211 1/04. Inspector Ho~vingtonp
osted a Kotice of Hearing on the front of the apartment. On 0211 3/04 regular mail first class was sent to Valkun Enterprises. Wamsely Residential Realty and Jeffrey Kunion. On 02/20/04
this office Fvas in receipt of the signed green card from Valkun Enterprises. On 02/23/04 we received the return receipt cards siqed by Jeffrey Kunion and Wamsely Residential Realty.
Inspector Howington stated that she returned to the site on 2/24/04 and did not see any children on the premises. Ms. Erickson stated that she still needed to secure a letter from her
new enlployer to present to the Board. Mr. Sinimonds asked if the Property Owner is Valkun Enterprises and Inspector Howington answered in the affirmative. He also askcd if an occupational
license were to be granted to Ms. Erickson would it be permitted by zoning. Chair "Bob" Lomax opened the public portion of the hearing. Tenant Carol Erickson, stated that the reason
it took so long to cease operation of her business was because she wanted to give the parents time to secure other day care facilities for their children. She has a letter stating that
she is going to begin a career in Real Estate. Chris Dapore of HD Realty stated that his company currently manages the property for Valkun Enterprises who is the property owner. The
owner wants to be in compliance and if it is found that the tenant is not in compliance, he asks for time to give the proper notice to vacate. Ms. Moehlenkamp motioned to close the public
hearing portion of the meeting. Mr. Greenhalgh seconded the motion. Ms. Moehlenkamp motioned to find Carol Ann Erickson guilty of violating City Code. Chapter 10, Occupational License
as operating a day care facility without proper licensing. It is moved that she must cease operation within 30-days from the date of service or be fined S 10.00 per day thereafter. Mr.
Greenhalgh seconded the motion which carried by a unanin~ousv oice vote. CEB 03-23-0419
H. CEB 04-02-353 Joseph B. & Letha L. Van Horn 690 M'. Church Avenue Longwood, FL 32750 Inspector Cathy Price stated that there was a commercial trailer parked in front of 690 W. Church
Avenue. The owners were cited on 12/30/03 and the reinspection date was scheduled for 01/06/04. She asked the Board to rcview the letter written by the elderly couple's daughter. Rachel
Cheek, which states that she didn't feel her parents understood what was going on in regard to their violation and what was expected of them. The trailer which belonged to the company
who built a carport has been removed from the property and the property is in compliance as of 2/24/04 Mr. Jack Greenhalgh asked how long the trailer had sat on the property prior to
being cited. Inspector Price stated that she didn't know only that she cited the owners on 12/30/03 with a compliance date of 01/06/04. The trailer was never moved. and it wasn't until
she visited the property on 01/22/04 and spoke to the owner that the owner then agreed to ask someone to help move the t~ailebr ack. Inspector Price stated that would not resolve the
issue, because the trailer did not belong to them. Mr. Simmonds moved to close the public hearing portion of this case, seconded by Ms. Mochlenkamp. Mr. Greenhalgh moved to find the
respondents not guilty of violating City Code, Chapter 22.22-32 and City Code, Chapter 22, 22-33 because the owners did not own the vehicle. No fines incurred because the trailer has
been n~oved. Ms. Mochlenkamp seconded the motion. The motion carried with a unanimous voice vote. I. CEB 03-02-354 Township Plaza Associates, Ltd. Alvin Leitman, Property Owner Re: 950-1018
M'. SR 134 Longwood, F132750 Inspector Price asked that this case be continued as she had not gotten service. J. CEB 03-02-355 Tammy B. Sicklo). 107 S. Ilamlin Ct. Longwood, Fl 32750
Inspector Cathy Price stated that Notice of Violation was issued on 01/24/01 for a trailer parked on this property, 107 N. Hanllin Ct. The owner was asked to move the trailer upon receipt.
Mr. Ward, the boyfriend of the property owner. stated that there was no need to worry about the trailer because he and Ms. Nickloy would be moving from the property in 90 days. The trailer
was never removed from the property. CEB 03-23-04110
Inspector Price referenced a letter written by property owner Tammy Nickloy which had been submitted to the Board. The letter states that they (she and Mr. Ward) are closing on a house
on 02/27/04 and the trailer will be removed from the property on 02/28/04. ,Ms. Moehlenkamp questioned ~vhetheMr r. Ward was being cited. Inspector Price stated that at the time shc
thought that Mr. Ward was the property owner, but in actuality Tammy Nickloy was the owner and it was she who was cited. The trailer owner, Mr. Ward is also a resident of 107 N. Hamlin
Ct. Mr. Greenhalgh questioned the relationship of lMr. Ward and Tammy Nickloy. Inspector Price stated that Mr. Ward is the boyfriend of Ms. Nickloy and they both reside at this address.
-Ms. Moehlenkamp motioned to close the public hearing portion of the meeting. The motion was seconded by Mr. Simmonds. The motion was camed by a unanimous voice vote. Mr. Greenhalgh
moved to find the respondent, Tanmy B. Nickloy guilty of violating City Code, Chapter 22,22-33 and further moved to give the respondent ten days from the date of senice to bring the
property into compliance. If compliance was not met, a penalty of S25.00 per day to be imposed for every day in noncomplliance Mr. Simmonds seconded the motion. Ms. Moehlenkamp asked
that if this couple were to move elsewhere in the city and create the same violation would this case be recognized and camed over. Attorney Goodblatt answered that Florida Statue provides
for that and it can be a repeat violation at a different location within the city. City Attorney. Mr. Taylor stated that onners can be separated from tenants in regard to violations.
The downside of this situation is that usually the tenant has no assets for which to collect against. The motion carried by a unanin~ousv oice vote. K. CEB 04-02-356 Vello and Helve
Kruber 486 Freeman St. Longwood, FI 32750 Inspector Howington said that the city is ready to go forward with this case but because one of the Board members was the con~plainingp arty,
with him being unable to vote there would not be a quorum. Chair "Bob" Lomas asked if the case should be removed . Inspector Howington stated that the property is now in compliance.
but would like to continue the case. So moved. CEB 03-23-04/11