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CEB_07-27-04_MinCODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Avenue Longwood, FI 32750 Minutes July 27,2004 Present: 7:00 P.M. John "Bob" Lomax, Chair Laura Moehlenkamp, Vice Chair Ernest Tolos, Member Andrew McGarry, Member Les Simmonds, Member Luis Alvarado, Member Also Present: Amy Goodblatt, Board Attorney (7:10 pm) Richard Taylor, City Attorney Butch Yelvington, Lieutenant Cathy Price, lnspector Bonnie Howington, lnspector Wendi Smith, Recording Secretary Absent: Jack Greenhalgh, Member (Excused) CALL MEETING TO ORDERIROLL CALL: Chair Lomax called the meeting to order at 7:05 P.M. The recording Secretary called the roll. APPROVAL OF MINUTES: The minutes from the June 22, 2004 meeting were presented. Vice Chair Moehlenkamp moved to approve the minutes. Seconded by Member McGarry and carried by a unanimous roll call vote with Member Green halgh absent. REPORTS-CASE UPDATES: Code Compliance lnspector Howington reported CEB 04-05-367, 620 Rosedale Avenue, was in compliance. PUBLIC HEARING: City Attorney co?nducted the swearing in of witnesses. 5. OLD BUSINESS: CASE-03-02-298-Lien Reduced Mr. McBray of 899 Lormann Cir. came before the board to ask if the Lien on his house could be reduced. Member Alvarado move to make a motion that the Lien be reduced to $1,000, Vice Chair Moehlenkamp seconded the motion made by Member Alvarado. Motion carried by a unanimous roll call vote with Member Greenhalgh absent. A. CEB 04-05-375 Longwood Green Inc. 31 0 Blackwater Longwood, FI 32750 Code Compliance lnspector Howington reported she cited this property on May 01, 2004 under LDC,Art.lll, Section 3.538) Permit required to remove or alter tree; FSS 162.09 Fines for irreversible or irreparable damage. She revisited the property on May 10, 2004 and it was not in compliance. Notice of Hearing was served on May 14,2004 by an officer of the Longwood Police Department. The city requests the respondents be found guilty of violation of LDC, Art.lll, Section 3.5.5(B) Permit required to remove or alter tree; FSS 162.09 Fines for irreversible or irreparable damage. The city recommends that the board impose the max fine of $5000 allowed by the F.S. 162.09 for irreversible or irreparable damage. Code Compliance lnspector Howington answered question from the Respondents Attorney about the case. Mitchell Fried the Respondents attorney called his witnesses to the microphone, and asked questions of the witnesses and the respondent. The city attorney also questioned the witnesses and the respondent. Amy Goodblatt explained to the board the process for making a motion on this type of case. Member Tolos moved to close the public hearing. Seconded by Vice Chair Moehlenkamp and carried by a unanimous voice vote with Member Greenhalgh absent. Member McGarry moved, based on the evidence and the testimony, to find the respondent guilty of violating LDC,Art.lII, Section 3.5.5(B) Permit required to remove or alter tree; FSS 162.09 Fine for irreversible or irreparable damage. In support of this motion he asked the board find that the respondent did not apply for an Arbor permit. He further moved there be a $500, administration fee imposed and $1 000 for violating the F.S. 162.09. The Arbor permit still must be applied for within 15 days from date of service or a fine of $250 a day will be imposed for each and everyday of non compliance Seconded by Vice Chair Moehlenkamp. Discussion was held among the members of the board. Motion was carried by a 5-1 voice vote with Member Alvarado voting Nay and Member Greenhalgh absent. B. CEB 04-07-395 MCCOLLUMlRichard 1201 Reams St. Longwood, FI 32750 Code Compliance Inspector Price reported she cited this properiy on May 29,2004 under City Code Chapter 22, Section 22-33, Storage of Boat, RV, and Trailer. She revisited the property on June 8, 2004 the property was partially in compliance, with the boat still out of compliance. Notice of Hearing was sewed on July1 1, 2004 by an off cer of the bongwood Police Department. The property was in full compliance now. 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 was now in compliance, the city recommends no fine and a $100 Administrative fee. Mr. McCollum, Property Owner 1201 Reams St., reviewed the history of this violation. Mtrnber Alvarado moved to close the public hearing. Seconded by Vice Chair Moehlenkamp and carried by a unanimous voice vote with Member Greenhalgh absent. Member Alvarado 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 following facts occurred. The Boat, RV's, Trailer was not behind a 6-foot fence or screen, hedge or wall. He further moved there No fine imposed at this time but an Administrative fee of $100. Seconded by Member Tolos and carried by a unanimous roll call vote with Member Greenhalgh absent. C. CEB 04-07-388 WILLlAMSIGregory 1090 Talmo St. Longwood, FI 32750 Code Compliance Inspector Howington reported she cited this property on April 02, 2004 under City Code Chapter 12, 12-2(1) Grass or Weeds over 10"; City Code Chapter 12, 12-2(2) Trash and Debris; City Code Chapter 22, 22-33 Storage of Boats, Rv's, Trailers; City Code Chapter 12.5 Outdoor storage; FI Bldg. Code 104.1 .I Permits; City Code Chapter 5-1 6 Adoption of Bldg. Code. She revisited the property on June 10, 2004 the property was still out of compliance. Notice of Hearing was served by Cert mail. The city requests the respondents be found guilty of violating City Code Chapter 12, 12-2(1) Grass or Weeds over 10"; City Code Chapter 12, 12-2(2) Trash and Debris; City Code Chapter 22, 22-33 Storage of Boats, Rv's, Trailers: City Cods Chapter 12.5 Outdoor storage; FI Bldg. Code 104.1 .I Permits; City Code Chapter 5-1 6 Adoption of Bldg. Code. The city recommends a $100 Administrative fee. Mr. Williams, Homeowner Owner 1090 Talmo, reviewed the history of this violation. He stated that he could get the property in compliance, but would need some time. Member Simmonds moved to close the public hearing. Seconded by Member McGarry and carried by a unanimous voice vote with Member Greenhalgh absent. Member Simmonds moved, based on the evidence and the testimony, to find the respondent guilty of violating City Code Chapter 12, 12-2(1) Grass or Weeds over 10"; City Code Chapter 12, 12-2(2) Trash and Debris; City Code Chapter 22,22-33 Storage of Boats, Rv's, Trailers; City Code Chapter 12.5 Outdoor storage; FI Bldg. Code 104.1 .I Permits; City Code Chapter 5-1 6 Adoption of Bldg. Code. In support of this motion he asked the board find the facts occurred. On 4-02-04 NOV was issued to comply by 05-02-04, re-inspection on 05-1 8-04 property was still out of compliance. NOH was sent out-cm 07-1 6-04 and re sent out on 07-24-04 He further moved to give the respondents 5 days from the date of service to come into compliance or a 25.00 a day fine will be imposed for each and every day of non compliance, and an Administrative fee of $1 00. Seconded by Member Tolos. The motion failed on a voice vote of 4-2 with members, Moehlenkamp, Tolos, McGarry and Alvarado voting Nay and Member Greenhalgh absent. Member Alvarado moved, based on the evidence and the testimony, to find the respondent guilty of violating City Code Chapter 12, 12-2(1) Grass or Weeds over 10"; City Code Chapter 12, 12-2(2) Trash and Debris; City Code Chapter 22, 22-33 Storage of Boats, Rv's, Trailers; City Code Chapter 12.5 Outdoor storage; FI Bldg. Code 104.1 .I Permits; City Code Chapter 5-1 6 Adoption of Bldg. Code. In support of this motion he asked the board find the facts occurred. On 4-02-04 NOV was issued to comply by 05-02- 04, re-inspection on 05-1 8-04 property was still out of compliance. NOH was sent out on 07-16-04 and re sent out on 07-24-04. For City Code Chapter 12, 12-2(1) Grass or Weeds over 10"; City Code Chapter 12, 12-2(2) Trash and Debris; City Code Chapter 22,22-33 Storage of Boats, Rv's, Trailers; City Code Chapter 12.5 Outdoor storage he gives the respondent 10 days from the date of service to come into compliance or a fine of $100 a day for each and every day of non compliance. He further moves to give the respondents 60 days to come into compliance for FI. bldg. code 104.1 .I and City Code chpt. 5-1 6. or a $1 00.00 a day fine will be imposed for each and every day of non compliance, Compliance for the FI. Bldg code 104.1.1 and Chpt. 5-1 6 is to apply for the permit and for it to be approved or the structure has to come down, and an Administrative fee of $100. Vice Chair Moehlenkamp seconded the motion. A roll call vote 5-1 with Member Simmonds voting Nay and Member Greenhalgh absent. D. CEB 04-07-391 SHAWlAinsworth & Ivy 717 Longdale Ave Longwood, FI 32750 Code Compliance Inspector Price reported she cited this property on May 29, 2004 under City Code Chapter 22, Section 22-33, Storage of Boat, RV, and Trailer; CC, Chap. 22, 22-28 lnoperable Vehicle. She revisited the property on June 8, 2004 the property was not in compliance at that time. Notice of Hearing was sewed on July 10,2004 by an officer of the Longwood Police Department. The property is in compliance now. The city requests the respondents be found guilty of violation of City Code, Chapter 22, Section 22-33, Storage of Boat, RV, and Trailer; CC, Chap. 22,22-28, lnoperable Vehicle. Since the property is in compliance, the city recommends no fine and a $100 Administrative fee. Mr. Stanwin Liam, renter at the property of 717 Longdale Ave, Explained the violations and told the board how he came into compliance. Member Simmonds moved to close the public hearing. Seconded by Member McGarry and carried by a unanimous voice vote with Member Greenhalgh absent. Member Simmonds 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, CC, Chap. 22, 22-28 lnoperable Vehicle. In support of this motion he asked the board find the facts occurred. The vehicle and the boat and trailer were not behind a 6-foot fence or screen, hedge or wall. He further moved that the property is in compliance so no fine is imposed at this time but an Administrative fee of $1 00. Seconded by Member McGarry and carried by a unanimous roll call vote Member Green halgh absent. E. CEB 04-07-392 PORTERlChad & Tonya 699 Longdale Ave Longwood, FI 32750 Code Compliance lnspector Price reported she cited this property on May 29, 2004 under CC, Chap. 22,22-28 lnoperable Vehicle. She revisited the property on June 8, 2004 the property was not in compliance at that time. Notice of Hearing was served on July 11, 2004 by an officer of the Longwood Police Department. The property is in compliance now. The city requests the respondents be found guilty of violation of CC, Chap. 22, 22-28 lnoperable Vehicle. Since the property is in compliance, the city recommends no fine and a $100 Administrative fee. Mrs. Porter, property owner of 699 Longdale Ave, Explained the violation and explained that it is hard to move the inoperable vehicle in the back yard because of the septic tank that is in the back yard. 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 McGarry moved, based on the evidence and the testimony, to find the respondent guilty of violating CC, Chap. 22, 22-28 lnoperable Vehicle. In support of this motion he asked the board find the facts existed upon which these violations are based. The inoperable vehicle was not behind a 6-foot fence or screen, hedge or wall. He further moves a $500 fine be imposed at this time, Motion failed due to lack of a second. Vice Chair Moehlenkamp moved, based on the evidence and the testimony, to find the respondent guilty of violating CC, Chap. 22, 22-28 lnoperable Vehicle. In support of this motion she asked the board find the facts existed. The inoperable Vehicle was not behind a 6-foot fence or screen, hedge or wall. She further moved that the property is in compliance so no fine imposed at this time but an Administrative fee of $50. Seconded by Member Alvarado and carried by a unanimous roll call vote Member Greenhalgh absent. . F CEB 0447-394 KINGlGeorge 1231 Logan Drive Longwood, FI 32750 Code Compliance lnspector Price reported she cited this property on May 29, 2004 under, Chap. 22, 22-28 lnoperable Vehicle. She revisited the property on June 8, 2004 the property was not in compliance at that time. Notice of Hearing was served on July 12 2004 by an officer of the Longwood Police Department. The property is in compliance now. The city requests the respondents be found guilty of violation of; CC, Chap. 22, 22-28 Inoperable Vehicle. Since the property is in compliance, the city recommends no fine and a $100 Administrative fee. Mr. Broderick the tenant at 1231 Logan Dr. explains the reason the car was inoperab!e. Member Simmonds move to close the public hearing. Seconded by Member Tolos and carried by a unanimous voice vote with Member Greenhalgh absent. Member Simmonds moved, based on the evidence and the testimony, to find the respondent guilty of violating CC, Chap. 22, 22-28 Inoperable Vehicle. In support of this motion he asked the board find the facts occurred .The vehicle was not behind a 6-foot fence or screen, hedge or wall. tie further moved that the property is in compliance so no fine imposed at this time but an Administrative fee of $50. Seconded by Member McGarry and carried by a unanimous roll call vote Member Greenhalgh absent. G. CEB 04-07-390 FORCElKen 250-54 S. Ronald Reagan Blvd Longwood, FI 32750 Code Compliance Inspector Price reported she cited this property on June 7, 2004 under, LDC, Art X Deviation from Approved Site Plan; ADA, Section 4.1.6 Altering Approved Handicap Pkg. Spaces. She revisited the property on June 14, 2004 the property was not in compliance at that time. Notice of Hearing was served t j certified Mail on July 12 2004. The property is not in compliance as of today. The city requests the respondents be found guilty of violation of; LDC, Art X Deviation from Approved Site Plan; ADA, Section 4.1.6 Altering Approved Handicap Pkg. Spaces. The city recommends a $1 00 Administrative fee. Mr. Force the property owner at 250-54 S. Ronald Reagan Blvd. explains to the board about the property and how he moved the Handicap spaces and he thought that was ok. Member McGarry move to close the public hearing. Seconded by Vice Chair Moehlenkamp and carried by a unanimous voice vote with Member Greenhalgh absent. Member McGarry moved, based on the evidence and the testimony, to find the respondent not guilty of violating LDC, Art X Deviation from Approved Site Plan; ADA, Section 4.1.6 Altering Approved Handicap Pkg. Spaces. In support of this motion he asked the board find the facts occurred. He further moved that the property is in compliance no fine imposed and no Administrative fee, Motion failed due to lack of a second. Vice Chair Moehlenkamp moved, based on the evidence and the testimony, to find the respondent guilty of violating LDC, Art X Deviation from Approved Site Plan; ADA, Section 4.1.6 Altering Approved Handicap Pkg. Spaces. In support of this motion she asked the board find the facts occurred. The site has altered approved handicap pkg. spaces. I suggested to him to have the mail boxes moved to another location and put the handicap parking space where it is more accessible in the comer section and mark it accordingly I give the respondent 10 days from the date of receipt to come into compliance or a fine of $1 0 a day would be imposed for each and everyday on non compliance. No administrative cost. Seconded by Member Simmonds and carried by a 5-1 roll call vote with member McGarry voting Nay, Member Greenhalgh absent. H. CEB 04-07-386 FRITZ1 Robert & Alane Lot I Oak Lane SID Longwood, FI 32750 Code Compliance Inspector Howington reported she cited this property on May 26,2004 under CC, Chap. 12, 12-2(1) Grass and weeds over 10". She revisited the property on June 3, 2004 the property was not in compliance at that time. Notice of Hearing was served on July 09,2004 by Certified Mail; No response was received back. Lt. Yelvington and Inspector Howington Served Mr. and Mrs. Fritz. The property is in compliance now. The city requests the respondents be found guilty of violation of CC, Chap. 12, 12-2(1) Grass and weeds over 10". Since the property is in compliance, the city recommends no fine and a $1 00 Administrative fee. No one was present to speak on behalf of the property owner Member Simmonds moved to close the public hearing. Seconded Vice Chair Moehlenkamp and carried by a unanimous voice vote with Member Greenhalgh absent. Member Simmonds moved, based on the evidence and the testimony, to find the respondent guilty of violating CC, Chap. 12, 12-2(1) Grass and weeds over 10". He further moved that the property is in compliance so no fine imposed at this time but an Administrative fee of $1 00. Seconded by Member Tolos and carried by a unanimous roll call vote Member Greenhalgh absent. 1. CEB 04-07-393 POLANCOIJose & Marta 1224 E. Logan Dr