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CEB_06-22-04_MinJune 22,2004 Present: Also Present: CODEENFORCEMENTBOARD City Commission Chambers 175 W. Warren Avenue Longwood, FI 32750 Minutes 7:00 P.M. John "Bob" Lomax, Chair Laura Moehlenkamp, Vice Chair Ernest Tolos, Member Andrew McGarry, Member Les Simmonds, Member Luis Alvarado, Member (Arrived at 7:10 p.m.) Amy Goodblatt, Board Attorney Richard Taylor, City Attorney Butch Yelvington, Lieutenant Cathy Price, lnspector Bonnie Howington, lnspector Wendi Smith, Recording Secretary Absent: Jack Greenhalgh, Member 1. CALL MEETING TO ORDERIROLL CALL: Chair Lomax called the meeting to order at 7:00 P.M. The recording Secretary called the roll. 2. APPROVAL OF MINUTES: The minutes from May 24, 2004 meeting were presented. Member McGarry moved to approve the minutes. Seconded by Vice Chair Moehlenkamp and carried by a unanimous roll call vote with Member Alvarado and Member Greenhalgh absent. 3. REPORTS-CASE UPDATES: Code Compliance lnspector Howington reported CEB 04-05-367, 620 Rosedale Avenue, was in compliance. 4. PUBLI?C HEARING: Board Attorney Goodblatt conducted the swearing in of witnesses. A. CEB 04-05-375 Longwood Green Inc. 31 0 Blackwater Longwood, FI 32750 City Attorney Taylor reported the city has resolved this case, however, they have not been provided a signed agreement. He requested the case be continued to next month. Member McGarry moved to accept the city's request to continue. Seconded by Vice Chair Moehlenkamp and carried by a unanimous voice vote with Member Alvarado and Member Greenhalgh absent. B. CEB 04-06-383 Thorn 625 Preston Road Longwood, F132750 Code Compliance Inspector Howington reported she cited this property on March 3rd 2004 under City Code Chapter 22, Section 22-33, Storage of Boat, RV, and Trailer. She issued nine other notices for the same type of violation in that subdivision. The property owner called and stated this had been cited in the past, at which time the residents went before the City Commission and they were permitted to park without the screening. She reported the violation was extended to the 31" until Lieutenant Yelvington met with the City Administrator regarding this issue. She was informed there was nothing in writing and the code was to be enforced. She revisited the property on April 2, 2004 and it was not in compliance. Notice of Hearing was served on June 7,2004 by an officer of the Longwood Police Department. She reported that since then a permit was issued to install fencing. Upon re-inspection today the property was found to be in compliance. The city requests the respondents be found guilty of violation of City Code, Chapter 22, Section 22-33, Storage of Boat, RV, and Trailer. Since the property is in compliance, the city recommends no fine. Mr. Robin Thorn, Property Owner 625 Preston Road, reviewed the history of this violation. He said they have repeatedly been told there would be a work session held to review this portion of the code. Board Attorney Goodblatt explained this body was strictly judicial and not legislative. Member Tolos moved to close the public hearing. Seconded by Vice Chair Moehlenkamp and carried by a unanimous voice vote with Member Alvarado and Member Greenhalgh absent. Vice Chair Moehlenkamp moved, based on the evidence and the testimony, to find the respondent guilty of violating City Code Chapter 22, 22-33 Storage of Boat, RV, and Trailer. In support of this motion she asked the board find the facts that it was not behind a 6-foot fence or screen, hedge or wall. She further moved there be no fine imposed and no administrative cost. Seconded by Member McGarry and carried by a fourlone roll call vote with Member Tolos voting nay, and Member Alvarado and Member Greenhalgh absent. C. CEB 04-06-384 Saddle Up1 Mr. Boettol Mr. Patell 215 W. S.R. 434 Longwood, FI 32750 Code Compliance lnspector Price reported this violation was for vehicle signage on a van parked in front of the business: LDC, Art VI, Sec. 6.2.0 T (1) (2) & (3), Vehicle Signage, and also City Code, Chapter 12.5, Outdoor Display. The respondents were originally cited May 4, 2004 with a compliance date of May 11, 2004. She reviewed pictures. She said once cited for the display they placed a for sale tag on the boot. She reported the outdoor display remained outdoors and was never moved inside. Upon re-inspection, May 12" 2004, the property was not in compliance. She stated the certified Notice of Hearing to Mr. Boetto and Mr. Patel were returned. She reported both respondents did receive service. Additional testimony was given. The city recommends the business be required to comply with the requirements of the City Codes and Longwood Development Code reference to vehicle signage and the outdoor display storage, or remove both from the property within five (5) days of receipt of the final o7der. Code Compliance Inspector Price answered questions from the board. Mr. Boetto, Business Owner and Mr. Patel, Property Owner spoke in reference to the violations imposed. Vice Chair Moehlenkamp moved to close the public hearing. Seconded by Member McGarry and carried by a unanimous voice vote with Member Greenhalgh absent. Member Alvarado moved, based on the evidence seen and testimony heard, to find the respondents guilty of violating LDC, Art VI, Sec. 6.2.0 T (1)(2) & (3); and City Code, Chap 12.5. In support of the motion he asked the board find these facts occurred; notice of violation issued on 5/4/04 by Code Compliance Inspector Price, to comply by 511 1104. The property was re-inspected on 5/12/04 and still out of compliance. Notice of Hearing was issued on 6/7/04 by Longwood Police Officer Jammes and also this seems to be a recurring issue with this particular individual. He further moved to give the respondents five (5) days from the date of the final order to bring the property in to compliance, or a fine of $125 per day, per violation be imposed. He moved to give the landlord 120 days to bring the property in to compliance or a fine of $1 25 per day, per violation from receipt of the final order. Vice Chair Moehlenkamp seconded the motion. Discussion was held. Motion carried by a unanimous roll call vote with Member Greenhalgh absent. D. CEB 04-06-385 Gina Wolk 935 Longdale Ave Longwood, FI 32750 Code Compliance lnspector Price reported that this violation was for LDC, Article X, Site Plan Criteria. The respondent was originally cited on May 10, 2004 with a compliance date of May 10.2004. Upon re-inspection, May 12, 2004, property was not in compliance. The Notice of Hearing was served on June 6,2004 and was signed and returned on June 12, 2004. Additional testimony was given regarding this case. The city requests that the respondent be found guilty of violating LDC, Article X, Site plans, and gives the respondents 60 days from the receipt of the final order to come in to compliance. Code Compliance Inspector Price answered questions from the board members. City Attorney Richard Taylor conducted the swearing in of George W. Sandland Jr. The property manager George W. Sandland Jr. for the plaza spoke on behalf of the property owner. Member Simmonds moved to close the public hearing. Seconded by Vice Chair Moehlenkamp and carried by a unanimous voice vote with Member Greenhalgh absent. Member Simmonds moved; based on the evidence seen and the testimony heard, to find the respondents guilty of