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CEB_05-25-04_MinMay 25,2004 Present: Also Present: CODE ENFORCEMENT B&H~@O' City Commission ChambLeYrUs . L :.-,I-; -1 2 : 13 175 W. Warren Avenue Longwood, FI 32750 Minutes 7:00 P.M. Ernest Tolos, Member Laura Moehlenkamp, Member John "Bob" Lomax, Chairman Andrew McGarry, Member Jack Greenhalgh, Member Les Simmonds, Member Amy Goodblatt, Board Attorney Richard Taylor, City Attorney Butch Yelvington, Lieutenant Cathy Price, lnspector Bonnie Howington, lnspector Wendi Smith, Recording Secretary Absent: Luis Alvarado, Member (Excused) 1. CALL MEETING TO ORDERIROLL CALL: John "Bob" Lomax, chair called meeting to order at 7:00 P.M. The Recording Secretary Called the roll. All Respondents that wanted to speak at the meeting were sworn in. 2. APPROVAL OF MINUTES: The minutes from April 27, 2004 meeting were presented. Mr. McGarry motioned for approval and Laura Moehlenkamp seconded the motion. The minutes were approved by a Roll Call unanimous voice vote. 3. REPORTS-CASE UPDATES: NONE 4. PUBLIC HEARING: A. CEB 04-05-373 Pinecrest? & Gabro lnvl Gabbil Bell 517 E. Warren Ave Longwood, FI 32750 Code Compliance lnspector Bonnie Howington, reported that the respondents were cited with a violation of city code chpt.22 section 22-33 stora e of a boat. They were originally cited on March 24'h 2004 with the compliance date of March 315 9 2004. Additional testimony was given regarding the case. Code Compliance lnspector Bonnie Howington answered question for the board members. Mr. Patrick Bell spoke on behalf of the respondents. The public portion of this case was closed. Mr. McGarry made the motion to close the public hearing portion; Mr. Simmonds seconded the motion made by Mr. McGarry. Ms. Moehlenkamp stated, based on the evidence I have seen and the testimony-l have heard I move to find the respondents guilty of violating city code chpt. 22 section 22-33 storage of a boat. In sup Ro rt of this motion I asked that the board find that these facts occurred. They were sited on the 24 of March and asked to come into compliance by the 31'' of March. It was May loL" when the inspector sent out notification. It was posted on May I recommend that they have 5 days after the respondents get the service of notification to come into compliance or have put in there fence request, and 20 days after that to pick up the fence permit and to install the fence. No assessment for Administration cost. Mr. McGarry seconded the motion made by Ms. Moehlenkamp. Les Simmonds asked that he thought he heard the inspector ask for 25 dollars a day. Ms. Moehlenkamp amended her motion and Mr. McGarry seconded the amended. A unanimous roll call vote carried the motion. 2. CEB 04-05-374 S.A. Grafada: Slide, lncl Sonnie Funck 151 0 Sparrow St. Longwood, FI 32750 Code Compliance Inspector Bonnie Howington stated that she cited this property on April ath 2004 under city code chpt.22, 22-28 Inoperable Vehicles. On April 22 she re-inspected the property. Additional testimony was given regarding this case. Code Compliance inspector answered questions from the board members. James Cristifel spoke on behalf of the respondent. The public portion of this case was closed. Ms. Moehlenkamp made the motion to close the public hearing portion; Mr.Tolas seconded the motion made by Ms. Moehlenkamp. Mr.Simmonds stated, based on the evidence I have seen and the testimony I have heard I move to find the respondents guilty of violating city code chpt.22, 22-28 Inoperable Vehicles. In support of this motion I ask that the board find that these facts occurred. The notice of violation was served on April 08 to comply by April 1 5'h 2004. On re-inspection on April 22"6 2004, the property was not in compliance. No fine or administrative cost. Mr.Tolas seconded the motion made by Mr.Simmonds A unanimous roll call vote carried the motion. 3 CEB 04-05-375 Longwood Green Inc. 310 Blackwater Longwood, F132750 Respondent's attorney asked for a continuance till next month. He would like to bring in a witness to testify. He isn't ready to present this case. Request was granted. 4. CEB 04-05-377 Baptistel Kevin's Fence 960 Alameda Dr. Longwood, F132750 Code Compliance Inspector Bonnie Howington stated that this property violated FI. Bldg. Code, Sec. 104.1.1 No Building Permit; FI. Bldg. Code, Sec. 105.06 Inspections. The notice of Violation was cited on 04-22-04 to comply by 04-29-04. Upon re-inspection on 05-01 -04 the property was not in compliance. Additional testimony was given regarding the case. Code Compliance inspector Howington answered questions from the board members. Philip Baptiste spoke on behalf of the respondents. The public portion of this case was closed. MrSimmonds made the motion to close the public hearing portion; Mr.McGarry seconded the motion made by Mr. Simmonds. Mr. Greenhalgh stated, based on the evidence I have seen and the testimony I have heard I move to find the respondents guilty of violating FI. Bldg. Code, Sec. 104.1.1 No Building Permit; FI. Bldg. Code, Sec. 105.06 Inspections The notice of Violation was sited on 04-22-04 to comply by 04-29-04. Upon re-inspection on 05-01-04 the property was not in compliance. In support of this motion I ask that the board find that these facts occurred. Give Kevin's fence company 10 days from the receipt of this order to obtain a permit and upon approval of the permit, bring the property in compliance within 3 days of approval of the permit, or a penalty of $250 a day will be imposed and will continue for each and everyday of non compliance, and that's for Kevin's fence alone. At the same time I will I ask that the respondent Mr. Baptiste be given 3 days from the time that the fence company might have not applied for the permit, for the respondent to apply for a permit In that case he would have 20 days upon approval of the permit to bring the property into compliance, or a penalty of $25 a day imposed to continue for each and everyday of non compliance. Its running concurrent with the fine for Kevin's fence. No administrative cost. Mr. Tolas seconded the motion made by Mr. Greenhalgh. A unanimous roll call vote carried the motion. 5. CEB 04-05-381 American Fire. CO. I Industries AMFICO 570 North St. Longwood, FI 32750 Code Compliance Inspector Cathy Price states that this property is in violation of CC, Chap. 22, Sec. 22-28 Inoperable Vehicle. The Notice of Violation was given on 04-03-04 to comply by 04-1 0-04. Upon re-inspection on 04-10-04 the property was still not in compliance. Additional testimony was given regarding the case. Code Compliance inspector Price answered questions from the board members. Terry Hall spoke on behalf of the Respondents. Presented pictures, (pictures are in case file). The public portion of this case was closed. Mr.Tolas made the motion to close the public hearing portion; Mr.McGarry seconded the motion made by Mr.Tolas. Mr. Greenhalgh stated, based on the evidence I have seen and the testimony I have heard I move to find the respondents guilty of violating CC, Chap. 22, Sec. 22-28 Inoperable Vehicle. In support of this motion I ask that the board find that these facts occurred. Upon which these violations are based. The Notice of Violation was given on 04-03-04 to comply by 04-1 0-04. Upon re-inspection on 04-10-04 the property was still not in compliance. I further move to give the respondent 7 days to come into compliance from date of service, or a penalty of $ 50 a day will be imposed for each and everyday of non compliance. No administrative cost. Mr.Tolas seconded the motion made by Mr. Greenhalgh. A unanimous roll call vote carried the motion. 6. CEB 04-05-376 Sean Potts 705 Chelsea Longwood, FI 32750 Code Compliance lnspector Bonnie Howington stats that this property is in violation of CC, Chap. 12, 12-2(1) Grass or Weeds over 10"; CC, Chap. 12.5 Outdoor storage; LDC, Art. 5, Sec.5.3.1 lmproper pool maintenance. The The Notice of Violation was given on 04-07-04 to comply by 04-14-04. Upon re-inspection on 04-17-04 the property was still not in compliance. Additional testimony was given regarding this case. Code Compliance inspector Howington answered questions from the board members. No one was present to speak on behalf of the respondent in this case. The public portion of this case was closed. Mr.Tolas made the motion to close the public hearing portion; Ms.Moehlenkamp seconded the motion made by Mr.Tolas. Mr. Simmonds stated, based on the evidence I have seen and the testimony I have heard I move to find the respondents guilty of violating CC, Chap. 12, 12-2(1) Grass or Weeds over 10"; CC, Chap. 12.5 Outdoor storage; LDC, Art. 5Sec.5.3.1 lmproper pool maintenance. In support of this motion I ask that the board find that these facts occurred. Upon which these violations are based. The Notice of Violation was given on 04-07-04 to comply by 04-14-04. Upon re-inspection on 04-17-04 the property was still not in compliance. I further move to give the respondent 5 days from date of service to correct the lock issue, or a fine of $100 a day imposed and will continue for each and everyday of non compliance to install a lock to make the fence secure. No administrative fees. Mr. Greenhalgh seconded the motion made by Mr. Simmonds. Mr. Simmonds modified his motion to include the $30 administrative cost. Mr. Tolas second the modification. A unanimous roll call vote carried the motion. A unanimous roll call vote carried the amended motion. 7. CEB 04-05-380 Conway BBQI Dean Yianilos 300 S. HWY 17-92 Longwood, FI 32750 Code Compliance Inspector Cathy Price states that this property is in violation of LDC, Art Ill, and Development Design Standards. The Notice of Violation was given on 01-30-04 to comply by 02-06-04. Upon re-inspection on 02-07-04 the property was still not incompliance. Additional testimony was given regarding this case. Code Compliance inspector Price answered questions from the board members. Doug Colson spoke on behalf of Conway BBQ. The public portion of this case was closed. Mr.Tolas made the motion to close the public hearing portion; Ms.Moehlenkamp seconded the motion made by Mr.Tolas. Mr. McGarry stated, based on the evidence I have seen and the testimony I have heard I move to find the respondents guilty of violating LDC, Art Ill, Development Design Standards. In support of this motion I ask that the board find that these facts occurred. Upon which these violations are based. The Notice of Violation was given on 01 -30-04 to comply by 02-06-04. Upon re-inspection on 02-07-04 the property was still not incompliance. I further move to give the respondent 5 days from the date of service of this order, to have the handicap signs fixed or a find of $25 a day will be imposed for each and everyday of non compliance, not to bring the property into the color pallet compliance, but to schedule a meeting with planning within 45 days of receipt of the final order to decide a upon a proper course of action, the color pallet required and the expenses to bring the property into compliance on the color pallet, and that the report and course of action be made to the board at a future meeting, for further deliberation on the nature of non compliance. Ms. Moehlenkamp seconded the motion made by Mr. McGarry. A unanimous roll call vote carried the motion. 8. CEB 04-05-378 Hard Rock Tools 556 FI. Central Pkwy # 1008 Longwood, FI 32750 Code Compliance inspector Cathy Price states that this property is in violation of CC. Chap. 10 Occupational license. The Notice of Violation was given on 01 -31 -04 to comply by 02-06-04. Upon re-inspection on 04-12-04 the property was still not in compliance. Additional testimony was given regarding this case. Code Compliance inspector Price answered questions from the board members. No one present to speak on behalf of this case. The public portion of this case was closed. Mr.Tolas made the motion to close the public hearing portion; Ms.Moehlenkamp seconded the motion made by Mr.Tolas. Ms. Moehlenkamp stated, based on the the evidence I have seen and the testimony I have heard I move to find the respondents guilty of violating CC, Chap. 10 Occupational license. I further move to give the respondents 45 days from the date of service to bring the property into compliance or a penalty of $20 a day and there is no administrative cost. In support of this motion I ask that the board find that these facts occurred. Upon which these violations are based. The Notice of Violation was given on 01-31-04 to comply by 02-06-04. Upon re-inspection on 04-12-04 the property was still not in compliance. Mr. McGarry seconded the motion made by Ms. Moehlenkamp. A unanimous roll call vote carried the motion. 9. CEB 04-05-379 Discount Auto Parts, Inc. 490 E. S.R. 434 Longwood, FI 32750 Code Compliance Inspector Cathy Price states that this property is in violation of LDC, Art VI, Sec. 6.6.0-Sign Regulations. The Notice of Violation was given on 03-04-04 to comply by 03-1 1 -04. Upon re-inspection on 05-03-04, the property was still not in compliance. Additional testimony was given regarding this case. Code Compliance inspector Price answered questions from the board members. No one present to speak on behalf of this case. Mr. Greenhalgh stated, based on the evidence I have seen and the testimony I have heard I move to find the respondents guilty of violating city code LDC, Art VI, Sec. 6.6.0-Sign Regulations. In support of this motion I ask that the board find that these facts occurred. Upon which these violations are based The Notice of Violation was given on 03-04-04 to comply by 03-11-04. Upon re-inspection on 05-03-04, the property was still not in compliance.4 further move to give the respondent 30 days from date of service of order to bring the property into compliance or a penalty of $250 a day will be imposed and continue for each and everyday of none compliance. Mr. McGarry seconded the motion made my Mr. Greenhalgh. A unanimous roll call vote carried the motion. Bob Lomax dismissed the meeting at 9:05 p.m.