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CEB_11-22-05_MinCEB 11/22/05-1 CODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Ave Longwood, FL 32750 November 22, 2005 7:00 P.M. Present: Bob Lomax, Chair Ernest Tolos, Vice-Chair Gail Brown, Member Kelly Kirk, Member Andrew McGarry, Member Gregory Vanatta, Member Also Present: Amy Goodblatt, Board Attorney Richard Taylor, City Attorney Russ Cohen, Lieutenant Cathy Price, Inspector Bonnie Howington, Inspector Collina Gast, Recording Secretary Absent: Nicole Badger, Member 1. CALL MEETING TO ORDER/ROLL CALL: Chair Lomax called the meeting to order at 7:00p.m. The Recording Secretary called the roll. 2. APPROVAL OF MINUTES: The minutes from the October 25, 2005 meeting were presented. Member Vanatta moved to accept the minutes of the October meeting seconded by Member Brown. Motion carried by a unanimous voice vote with Member Badger absent. 3. REPORT CASE UPDATE: None 4. PUBLIC HEARING: City Attorney conducted the swearing in of witnesses. ????????????????? CEB 11/22/05-2 A. CEB 05-08-474 JORDAN, Tiffane Repeat 738 E. Warren Ave. Violation Longwood, FL 32750 Code Compliance Inspector Price reported she cited this property on November 10, 2005, under City Code, Chap. 22, 22-33 Boats, Campers, and Trailers. She revisited the property on November 11, 2005 and the property was not in compliance. Notice of Hearing was served on November 11th, 2005 by a Longwood Police Officer. Tiffane Jordan, homeowner, spoke in reference to this repeat violation. Member Brown moved to close the public hearing. Seconded by Member Vanatta and carried by a unanimous voice vote with Member Badger absent. Member Vanatta moved, based on the evidence and the testimony, to find the respondent not guilty of a repeat violation of City Code, Chap. 22, 22-33 Boats, Campers, and Trailers. There was no second so Vice Chair Tolos moved based on the evidence and the testimony, to find the respondent guilty of a repeat violation of City Code, Chap. 22, 22-33 Boats, Campers, and Trailers. In support of this motion, he asked the Board find the following facts occurred: service of hearing was made on Tiffane Jordan on 11/11/05 by a Longwood Police Officer; Respondent was previously found guilty of violating the same Code section; the Board moved to find her guilty as a repeat offender as the property had visibly not been in compliance on at least two dates after the previous order. He further moved that the respondent be fined $25.00 per day for each of the 2 days that the violations existed and that an Administrative Cost of $25.00 to be assessed and both be paid within 30 days from the date of service of Final Order. Seconded by Member McGarry and carried by a 5 to 1 roll call vote with Member Vanatta voting “nay” and Member Badger absent. B. CEB 05-11-497 DEMETREE, David/CONAWAY, Doris/Molinary, Luis & Bugland, Katherine 311 Dane Ln. – Dance Orlando Longwood, FL 32750 Fire Marshall Castner reported he received an anonymous email in May 2004 in reference to violations at this address. He followed up with an inspection on May 25, 2004 and found approximately 12 violations. A timetable was laid out to correct them, with consideration to three major violations: no fire alarm panel, no emergency lighting & no panic hardware. Fire Marshall Castner answered questions from the Board Members and was crossexammine by Michael Kramer, attorney for property owner David Demetree. Code Compliance Inspector Price reported she cited this property on August 26, 2004 & June 9, 2005 under NFPA 72 and Life Safety Code 101. She revisited the property and the property was not in compliance. Notice of Hearing was served on Luis Molinary on November 4, 2005 by a Longwood Police Officer. Service was also made on Doris Conaway on November 7, 2005 via Certified Mail and on David Demetree on November 12, 2005 via Posting & First Class Mail. CEB 11/22/05-3 Code Inspector Price answered questions from the Board Members and was cross-examined by Michael Kramer, attorney for David Demetree. Michael Kramer, attorney, spoke in reference to this violation. Maurice Doyle, expert witness for the business managers, spoke in reference to this violation. Luis Molinary, business manager, spoke in reference to this violation. Fire Marshall Castner offered rebuttal testimony and answered questions from the Board Members and attorney Michael Kramer. Michael Kramer, attorney, made his closing arguments for the Respondent. Richard Taylor, attorney, made his closing arguments for the City. Vice Chair Tolos moved to close the public hearing. Seconded by Member Kirk and carried by a unanimous voice vote with Member Badger absent. Vice Chair Tolos moved, based on the evidence and the testimony, to find the respondents guilty of violating NFPA 72 and LSC 101. In support of this motion, he asked the Board find the following facts occurred: structure at 311 Dane Lane has an occupancy level of 480 persons; LSC 101 requires a fire alarm system; and NFPA 72 requires emergency lighting. He further moved to give Respondent 60 days from date of service of Final Orders to bring the property into compliance or a penalty of $250.00 per violation will be imposed for each and every day of non-compliance. He further moved to impose an Administrative Cost of $100.00 to be paid within 30 days from the date of service of Final Orders. Seconded by Member Vanatta and carried by unanimous roll call vote with Member Badger absent. C. CEB 05-11-501 RAGOONANAN, Krishna & Lynette 689 Seminole Ave. A&B Longwood, FL 32750 Code Compliance Inspector Howington cited this property on July 15, 2005 for CC, Chap. 12, 12-2(1) High Grass; CC, Chap. 12, 12-2(2) Trash & Debris; and CC, Chap. 12.5 Outdoor Storage. She revisited the property on August 15, 2005 and the property was still not in compliance. Notice of Hearing was served on Laura Ragoonanan on November 5, 2005 by a Longwood Police Officer. Outdoor Storage & Trash and Debris are still not in compliance at this date. The City requests that the Respondents be found guilty and requests 5 days be given to come into compliance or a $50.00 fine per day, per violation be assessed as well as an Administrative Cost of $100.00 be imposed. Code Inspector Howington answered questions from the Board Members. Krishna Ragoonanan, property owner, spoke in reference to this violation. Member Brown moved to close the public hearing. Seconded by Member Vanatta and carried by a unanimous voice vote with Member Badger absent. CEB 11/22/05-4 Member Brown moved, based on the evidence and the testimony, to find the respondent guilty of CC, Chap. 12, 12-2(1) High Grass; CC, Chap. 12, 12-2(2) Trash & Debris and CC, Chap. 12.5 Outdoor Storage. In support of this motion, she asked the Board find the following facts occurred: NOV issued on July 15, 2005 to comply by July 22, 2005; and non-compliant upon re-inspection on July 30, 2005, August 15, 2005 and September 22, 2005. She further moved to give the Respondent 5 days from date of service of Final Orders to bring the property into compliance or a penalty of $50.00 per violation will be imposed for each and every day of non-compliance. She further moved to assess an Administrative Cost of $100.00 to be paid within 30 days from the date of service. Seconded by Vice Chair Tolos and carried by a unanimous roll call vote with Member Badger absent. D. CEB 05-11-502 RAGOONANAN, Ramadin & Leela 801 N. Wayman St. Longwood, FL 32750 Code Compliance Inspector Howington reported she cited this property on July 15, 2005 for CC, Chap. 12.5 Outdoor Storage. She revisited the property on August 15, 2005 and September 14, 2005 the property was still not in compliance. Pre-Notice of Hearing was served on September 15, 2005. Notice of Hearing was served on Neil Ragoonanan, son of property owner, on November 5, 2005 by a Longwood Police Officer. The City requests that the Respondents be found guilty and requests 5 days be given to come into compliance or a $50.00 fine per day, per violation be assessed as well as an Administrative Cost of $100.00 be imposed. Neil Ragoonanan, son of property owner, spoke in reference to this violation. Vice-Chair Tolos moved to close the public hearing. Seconded by Member Brown and carried by a unanimous voice vote with Member Badger absent. Member Kirk moved, based on the evidence and the testimony, to find the respondent guilty of CC, Chap. 12.5 Outdoor Storage. In support of this motion, he asked the Board find the following facts occurred: NOV issued on July 15, 2005 and received on September 16, 2005; blocks are still stored in front of fence and moved to have concrete blocks removed. He further moved to give the Respondent 5 days from date of service of Final Orders to bring the property into compliance or a penalty of $50.00 will be imposed for each and every day of non-compliance. He further moved to assess an Administrative Cost of $100.00 to be paid within 30 days from the date of service. Movement seconded by Member McGarry and carried by a unanimous roll call vote with Member Badger absent. E. CEB 05-11-503 LARGENT, Robert & Diane 100 Slade Dr. Longwood, FL 32750 Code Compliance Inspector Howington reported she cited this property on September 27, 2005 for CC, Chap. 22, 22-33 Boats, RVs, Trailers; CC, Chap. 22, 22-32 Commercial CEB 11/22/05-5 Vehicle; & CC, Chap. 10 Occupational License. She revisited the property on November 1, 2005 and the property was still not in compliance. Notice of Hearing was served on Diane Largent on November 4, 2005 by a Longwood Police Officer. The City requests that Respondents be found guilty and that they are given 5 days to comply or $100.00 per day per violation be assigned. The City also requests an Administrative Cost of $100.00 be imposed. Robert Largent, property owner, spoke in reference to this violation. Member Kirk moved to close the public hearing. Seconded by Member Brown and carried by a unanimous voice vote with Member Badger absent. Member McGarry moved, based on the evidence and the testimony, to find the respondent guilty of CC, Chap. 22, 22-33 Boats, RVs, Trailers; CC, Chap. 22, 22-32 Commercial Vehicle; & CC, Chap. 10 Occupational License. In support of this motion, he asked the Board find the following facts occurred: NOV issued on September 27, 2005 to comply by October 4, 2005; 2005; upon re-inspection on November 1, 2005 property was not in compliance; and that testimony supports these facts. He further moved to give the Respondents 20 days from date of service of Final Orders to bring the property into compliance or a penalty of $150.00 per violation will be imposed for each and every day of non-compliance. He further moved to assess an Administrative Cost of $100.00 to be paid within 30 days from the date of service. Seconded by Member Kirk and carried by a unanimous roll call vote with Member Badger absent. F. CEB 05-11-504 MOORE, Timothy & WALKER, Angella 790 E. Wildmere Ave. Longwood, FL 32750 Code Compliance Inspector Price reported she cited this property on October 13, 2005 for CC, Chap. 22, 22-33 Boats, RVs & Trailers. She revisited the property on October 21, 2005 and the property was still not in compliance. Pre-Notice of Hearing was mailed First Class on October 24, 2005. Notice of Hearing was served on Angella Walker on November 4, 2005 by a Longwood Police Officer. Code Inspector Price answered questions from the Board Members. Timothy Moore, property owner, spoke in reference to this violation. Vice-Chair Tolos moved to close the public hearing. Seconded by Member Brown and carried by a unanimous voice vote with Member Badger absent. Member McGarry moved, based on the evidence and the testimony, to find the respondent guilty of CC, Chap. 22, 22-33 Boats, RVs & Trailers. In support of this motion, he asked the Board find the following facts occurred: NOV was issued on October 13, 2005; testimony given supported the violation which is now in compliance. He further moved to assess an Administrative Cost of $50.00 to be paid within 30 days from the date of service. Movement seconded by Member Vanatta and carried by a unanimous roll call vote with Member Badger absent. CEB 11/22/05-6 G. CEB 05-11-505 EDWARDS, Troy & Amme 562 Highland Ave. Longwood, FL 32750 Code Compliance Inspector Howington reported she cited this property on October 11, 2005 for CC, Chap. 22, 22-33 Boats, RVs, Trailers; and CC, Chap. 12.5 Outdoor Storage. She revisited the property on October 20, 2005 and the property was still not in compliance. Notice of Hearing was served on Amme Edwards on November 5, 2005 by a Longwood Police Officer. The City requests that Respondents be found guilty and that they are given 15 days to complete fence or a fine of $50.00 per day be assigned. The City also requests an Administrative Cost of $100.00 be imposed. Amme Edwards, property owner, spoke in reference to this violation. Margaret Knoepfueh, sister and tenant, spoke in reference to this violation. Member Kirk moved to close the public hearing. Seconded by Member Vanatta and carried by a unanimous voice vote with Member Badger absent. Member Kirk moved, based on the evidence and the testimony, to find the respondent guilty of CC, Chap. 22, 22-33 Boats, RVs, Trailers; and CC, Chap. 12.5 Outdoor Storage. In support of this motion, he asked the Board find the following facts occurred: 2 boats, 1 trailer, appliances and furniture in front of property; NOV issued on October 11, 2005 to comply by October 18, 2005; and upon re-inspection October 20, 2005 the property was not in compliance. He further moved to give the Respondents 15 days from date of service of Final Orders to bring the property into compliance or a penalty of $50.00 per violation will be imposed for each and every day of non-compliance. He further moved to assess an Administrative Cost of $100.00 to be paid within 30 days from the date of service. Seconded by Vice Chair Tolos and carried by a unanimous roll call vote with Member Badger absent. H. CEB 05-11-506 FREYMAN, Alexander /Russo, Adriana 217 E. SR 434 Longwood, FL 32750 Code Compliance Inspector Price reported this case is postponed at this time. I. CEB 05-11-507 GRAY, Steven & Cheryl /Baker, Cindy 764 E. Warren Ave. Longwood, FL 32750 Code Compliance Inspector Price reported she cited this property on October 3, 2005 for FBC, Sec. 104.1.1 Permit Required. She revisited the property on October 14, 2005 and the property was still not in compliance. Notice of Hearing was served on RR Baker (husband) on November 4, 2005 by a Longwood Police Officer and on Steven and Cheryl Gray on November 12, 2005 via Posting and First Class Mail. The City requests that a specific period of time be given to remove lean-to roof. Steve Gray, property owner, spoke in reference to this violation. CEB 11/22/05-7 Vice Chair Tolos moved to close the public hearing. Seconded by Member Brown and carried by a unanimous voice vote with Member Badger absent. Member Kirk moved, based on the evidence and the testimony, to find the respondent guilty of FBC, Sec. 104.1.1 Permit Required. In support of this motion, he asked the Board find the following facts occurred: lean-to roof put back up without a permit; and remedy is to remove structure. He further moved to give the Respondents 30 days from date of service of Final Orders to bring the property into compliance or a penalty of $0.00 will be imposed for each and every day of non-compliance. He further moved to assess an Administrative Cost of $100.00 to be paid within 30 days from the date of service. Seconded by Member Vanatta. Discussion was made as to having no penalty in regards to being non-compliant. Member Kirk then amended his motion to read a penalty of $25.00 will be imposed for each and every day of non-compliance with an Administrative Cost of $100.00 to be paid within 30 days from the date of service. Seconded by Vice-Chair Tolos and carried by a unanimous roll call vote with Member Badger absent. J. CEB 05-11-508 INGRAM-SCHWARTZ, Nancy /SCHWARTZ, Gale 701 E. Church Ave. Longwood, FL 32750 Code Compliance Inspector Price reported she cited this property on October 22, 2004 for FBC, Sec. 104.1.1 Permit Required. She revisited the property on November 1, 2005 and the property was not in compliance. Notice of Hearing was served on Nancy Ingram-Schwartz on November 8, 2005 by a Longwood Police Officer. Property is in compliance as of November 14, 2005. Code Inspector Price answered questions from the Board Members. Nancy Schwartz-Ingram, property owner, spoke in reference to this violation. Vice Chair Tolos moved to close the public hearing. Seconded by Member Brown and carried by a unanimous voice vote with Member Badger absent. Member McGarry moved, based on the evidence and the testimony, to find the respondents guilty of violating FBC, Sec. 104.1.1 104.1.1 for Permit Required. In support of this motion, he asked the Board find the following facts occurred: NOV issued on October 22, 2005 to comply by October 28, 2005; upon re-inspection on November 1, 2005 the property was not in compliance; and that the property is now in compliance. He further moved to impose an Administrative Cost of $25.00 to be paid within 30 days from the date of service of Final Orders. Seconded by Member Kirk and carried by unanimous roll call vote with Member Badger absent. 5. UNFINISHED BUSINESS: None 6. OLD BUSINESS: None 7. NEW BUSINESS: Discussion was made in reference to the December meeting. m 8. ADJOURNMENT: Chair Lomax adjourned the meeting at 'l0:20pm. Bob Lomax, Chair Collina Gast Recording Secretary CEB 11122105-8