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CEB_01-23-07_MinCEB 01/23/07-1 CODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Ave. Longwood, FL 32750 January 23, 2007 7:00 P.M. Present: Bob Lomax, Chairman Kelly Kirk, Vice-Chairman Ernie Tolos, Member Tim Dolan, Member Gail Brown, Member Judy Putz, Member Also Present: Amy Goodblatt, Board Attorney Teresa Roper, Acting City Attorney Russ Cohen, Lieutenant Bonnie Howington, Code Enforcement Officer Cathy Price, Code Enforcement Officer Collina Gast, Recording Secretary Absent: Greg Vanatta, Member 1. CALL MEETING TO ORDER/ROLL CALL: Chairman Lomax called the meeting to order at 7:00pm. The Recording Secretary called the roll. 2. APPROVAL OF MINUTES: The minutes from the November 28, 2006 meeting were presented. Member Tolos moved to accept the minutes of the November meeting, seconded by Vice-Chair Kirk. Atty Goodblatt made one correction to Section 4, she stated she is the “Code Enforcement Board Attorney”, not the “Acting City Attorney”. Minutes then carried by a unanimous roll call vote with Member Vanat?ta absent. 3. ELECTION OF OFFICERS: Discussion made as to whether or not the Board needed to elect officers. Member Tolos moved to ratify the previous election and continue to have Bob Lomax as Chairman and Kelly Kirk as Vice-Chair, seconded my Member Brown. Ratification carried by a unanimous roll call vote with Member Vanatta absent. 4. REPORT CASE UPDATES: CEB 01/23/07-2 None 5. PUBLIC HEARING: Code Enforcement Board Attorney Goodblatt conducted the swearing in of witnesses and Chairman Lomax called off the case names to see which were present. A. CEB 07-01-607 BRAZIER, Glenn & ARTHUR, Leslie 1449 N. CR 427 Longwood, FL 32750 Lt. Cohen stated this case has been continued. B. CEB 07-01-608 FRETWELL, Joseph & Donna 1503 Cardinal Street Longwood, FL 32750 Lt. Cohen stated this case has been continued. D. CEB 07-01-610 CHAGNON, Yvonne & TIDWELL, Jereme 1022 Reams Street Longwood, FL 32750 Lt. Cohen stated this case has been continued. E. CEB 07-01-611 CAMPBELL, Beverly Trustee 185 S. CR 427 Longwood, FL 32750 Lt. Cohen stated this case has been continued. F. CEB 07-01-612 GOODMAN, James 249 E. SR 434 Longwood, FL 32750 Code Officer Price stated this case included three violations and that she would be presenting them each separately to cut down on any confusion. CC, Chap. 38, Sec.38-121 Trash & Debris ~ Code Officer Price stated she wrote a letter to the Respondent on 08/07/06 for numerous violations to be corrected by 08/14/06. Another Notice of Violation was issued on 12/14/06 to comply by 12/21/06 for Trash & Debris referencing building materials, floor & walls of a box he had constructed and other items. She went back on numerous occasions and the Trash & Debris were still present. The Notice of Hearing was hand delivered to James Goodman on 01/11/07 by Officer Price. The City requests the respondent be found guilty of violating CC, Chap. 38, Sec. 38-121 Trash & Debris and be assessed an Administrative Cost of $100.00 to be paid within 2 weeks of receipt of Final Orders. CEB 01/23/07-3 There were no questions from the Board for Code Officer Price however Lt. Cohen spoke in reference to his meeting with Mr. Goodman. James Goodman, the respondent, spoke in reference to this violation. Member Tolos moved to close the public hearing. Seconded by Vice-Chair Kirk and carried by a unanimous voice vote with Member Vanatta absent. Atty. Goodblatt made a Point of Information regarding the use of the correct section of the City Code when making motion. Vice-Chair Kirk moved, based on the evidence and the testimony, to find the respondent guilty of violating CC, Chap. 38, Sec. 38-121 Trash & Debris. In support of this motion, he asked the Board find the following facts occurred: the structure was to be torn down per the Notice of Violation that was issued on 12/14/06 to comply by 12/21/06; and that the violation still exists. He further moved to give the respondent 15 days from the date of service of the Final Orders to come into compliance or a penalty of $100.00 per day be assessed for each and every day the violation exists. Also, an administrative Cost of $50.00 to be assessed and paid within 30 days from date of service of Final Orders. Motion seconded by Member Tolos and passed unanimously by a roll call vote with Member Vanatta absent. LDC, Art. III, Sec. 3.5.5 Arbor Permit ~ Code Officer Price stated a Notice of Violation was issued on 08/24/06 to comply by 08/31/06 to obtain a permit for removing multiple trees. A Notice of Non-Compliance was also issued on 09/08/06 to comply by 09/12/06 requiring respondent to obtain an Arbor Permit. The permit was issued on 09/12/06 and one of the conditions was to have replaced the removed trees within 30 days of issuance. She further stated the trees have not been replaced therefore the criteria of the arbor permit has not been met. The Notice of Hearing was hand delivered to James Goodman on 01/11/07 by Officer Price. Code Officer Price answered questions from the Board. James Goodman, the respondent, spoke in reference to this violation and and answered questions from the Board. Member Brown moved to close the public hearing. Seconded by Vice-Chair Kirk and carried by a unanimous voice vote with Member Vanatta absent. Vice-Chair Kirk moved, based on the evidence and the testimony, to find the respondent guilty of violating LDC, Art. III, Sec. 3.5.5 Arbor Permit. In support of this motion, he asked the Board find the following facts occurred: Notice of Violation for no arbor permit was issued on 08/24/06 to comply by 08/31/06; the property is still not in compliance; and the respondent stated he could comply within 30 days. He further moved to give the respondent 30 days from the date of service of the Final Orders to come into compliance or a penalty of $100.00 per day be assessed for each and every day the violation exists. No Administrative Cost was assessed. Motion seconded by Member Putz. Discussion ensued regarding which section of the LDC should be referenced in the motion. Vice-Chair Kirk amended motion to read “LDC, Art. III, Sec. 3.5.5B”; seconded by Member Tolos and passed unanimously by a voice vote CEB 01/23/07-4 with Member Vanatta absent. Original motion carried by a 4-2 roll call vote with Member Brown and Member Tolos voting nay and Member Vanatta absent. LDC, Art. V, Sec. 5.3.6 Ground Storage Unit ~ Code Officer Price stated she wrote a letter to the Respondent on 08/07/06 for numerous violations to be corrected by 09/07/06. A Notice of Non-Compliance was issued on 09/08/06 to comply by 09/12/06. She went back on numerous occasions and the POD was still present. Lt. Cohen allowed an extension until 01/01/07 but upon inspection on 01/05/07 the POD was still on the property. The Notice of Hearing was hand delivered to James Goodman on 01/11/07 by Officer Price. Code Officer Price answered questions from the Board. James Goodman, the respondent, was present but chose not to speak in reference to this violation. Member Tolos moved to close the public hearing. Seconded by Vice-Chair Kirk and carried by a unanimous voice vote with Member Vanatta absent. Member Dolan moved, based on the evidence and the the testimony, to find the respondent guilty of violating LDC, Art. V, Sec. 5.3.6 Ground Storage Unit. In support of this motion, he asked the Board find the following facts occurred: a letter was delivered on 08/07/06; attempts were made on 09/08/06 to comply by 09/12/06; and another extension was given to comply by 01/01/07 but upon inspection on 01/05/07, the property was not in compliance. He further moved to give the respondent 45 days from the date of service of the Final Orders to come into compliance or a penalty of $100.00 per day be assessed for each and every day the violation exists. Also, an administrative Cost of $50.00 to be assessed and paid within 30 days from date of service of Final Orders. Motion seconded by Member Brown and passed unanimously by a roll call vote with Member Vanatta absent. Code Board Atty. Goodblatt explained the findings to Mr. Goodman. G. CEB 07-01-613 CANNE, Jeff 287 S. Grant Street Longwood, FL 32750 Code Officer Price stated she issued a Notice of Violation for CC, CC, Chap. 86, Sec. 86-83 Boats, Trailers & RVs on 12/29/06 with no compliance date due to the numerous previous violations. She further stated the Notice of Hearing was served on Jeff Canne on 01/10/07 by an officer of the Longwood Police Dept. There were no questions for Code Officer Price. Jeff Canne, the respondent, spoke in reference to this violation and answered questions from the Board. Code Officer Price spoke in reference to Mr. Canne’s statements; Mr. Canne then denied her allegations. CEB 01/23/07-5 Member Putz asked for clarification on how the Code reads. Member Tolos moved to close the public hearing. Seconded by Vice-Chair Kirk and carried by a unanimous voice vote with Member Vanatta absent. Member Tolos moved, based on the evidence and the testimony, to find the respondent guilty of violating CC, Chap. 86, Sec. 86-83 Boats, Trailers, RVs. In support of this motion, he asked the Board find the following facts occurred: trailer parked in driveway; and property was cited 5 times previously. He further moved to give the respondent 0 days to come into compliance and assessed no Administrative Cost. Motion seconded by Vice-Chair Kirk and passed unanimously by a roll call vote with Member Vanatta absent. Code Board Atty. Goodblatt explained the findings to Mr. Canne. I. CEB 07-01-615 BECKER, Michael 425 E. Warren Avenue Longwood, FL 32750 Code Officer Price stated she issued a Notice of Violation for CC, Chap. 86, Sec. 86-83 Boats, Trailers & RVs on 01/06/07 with no compliance date due to to the numerous previous violations. She further stated the Notice of Hearing was served on Michael Becker on 01/11/07 via posting and First Class mail. The City requests the respondent be found guilty of violating CC, Chap. 86, Sec. 86-83 Boats, Trailers & RVs and be assessed an Administrative Cost of $100.00 to be paid within 2 weeks of receipt of Final Orders. There were no questions for Code Officer Price. Michael Becker, the respondent, spoke in reference to this violation and answered questions from the Board. Member Tolos moved to close the public hearing. Seconded by Member Dolan and carried by a unanimous voice vote with Member Vanatta absent. Member Brown moved, based on the evidence and the testimony, to find the respondent guilty of violating CC, Chap. 86, Sec. 86-83 Boats, Trailers, RVs. In support of this motion, she asked the Board find the following facts occurred: property was cited 6 times previously; and the respondent has resolved the issue. She further moved to give the respondent 0 days to come into compliance and assessed a $50.00 Administrative Cost to be paid within 14 days from date of service of Final Orders. Motion seconded by Member Tolos and passed unanimously by a roll call vote with Member Vanatta absent. Code Board Atty. Goodblatt explained the findings to Mr. Becker. C. CEB 07-01-609 DAVIS, Justin 479 E. Maine Street Longwood, FL 32750 CEB 01/23/07-6 Code Officer Howington stated she received a complaint from a neighbor and issued a Notice of Violation for CC, Chap. 38, Sec. 38-141 High Grass & Weeds on 10/20/06 to comply by 10/25/06. A Notice of Non-Compliance was issued on 10/25/06 to comply by 10/30/06. She further stated the Notice of Hearing was served on Michael Becker on 01/11/07 via posting and First Class mail. The property is now in compliance and is in foreclosure however the City requests the respondent be found guilty of violating CC, Chap. 38, Sec. 38-141 High Grass & Weeds and be assessed an Administrative Cost of $100.00 to be paid within 2 weeks of receipt of Final Orders. Code Officer Howington answered questions from the Board. The respondent was not present. Member Tolos moved to close the public hearing. Seconded by Member Brown and carried by a unanimous voice vote with Member Vanatta absent. Member Brown moved, based on the evidence and the testimony, to find the respondent guilty of violating CC, Chap. 38, Sec. 38-141 High Grass & Weeds. In support of this motion, she asked the Board find the following facts occurred: received notices 3 times prior; Notice of Violation was issued on 10/20/06 to comply by 10/25/06; re-inspection on 11/01/06 showed the property not in compliance however the property is now in compliance. She further moved to assess a $100.00 Administrative Cost to be paid within 15 days from date of service of Final Orders. Motion seconded by Member Tolos and passed by a 5-1 roll call vote with Vice-Chair Kirk voting nay and Member Vanatta absent. H. CEB 07-01-614 PORTER, Randy 402 Tullis Avenue Longwood, FL 32750 Code Officer Price stated she issued a Notice of Violation for CC, Chap. 86, Sec. 86-83 Boats, Trailers, RVs on 12/11/06 to comply by 12/18/06. She further stated the Notice of Hearing was served on Randy Porter on 01/10/07 by an officer of the Longwood Police Dept. The property is now in compliance however the City requests the respondent be found guilty of violating CC, Chap. 86, Sec. 86-83 Boats, Trailers, RVs and be assessed an Administrative Cost of $100.00 to be paid within 2 weeks of receipt of Final Orders. Code Officer Price answered questions from the Board. The respondent was not present. Member Tolos moved to close the public hearing. Seconded by Vice-Chair Kirk and carried by a unanimous voice vote with Member Vanatta absent. Member Tolos moved, based on the evidence and the testimony, to find the respondent guilty of violating CC, Chap. 86, Sec. 86-83 Boats, Trailers, RVs. In support of this motion, he asked the Board find the following facts occurred: several trailers parked in area described as 402 Tullis Ave; Notice of Violation issued on 12/11/06 to comply by 12/18/06; a re-inspection on 01/04/07 showed the property not in compliance however the property is in compliance as CEB 01/23/07-7 of today. He further moved to assess a $100.00 Administrative Cost to be paid within 14 days from date of service of Final Orders. Motion seconded by Vice-Chair Kirk and passed by a unanimous roll call vote with Member Vanatta absent. 6. UNFINISHED BUSINESS: None 7. NEW BUSINESS: A. John Pagano spoke on behalf of his mother, Carmela Pagano, and explained the history of this case. He then asked the Board to eliminate the fines on CEB case #05-04-452 for 109 Slade Drive. He stated he has purchased the property from his mother and that the shed has been removed. He spoke in reference to his dealings with Mr. Taylor, former City attorney. Lt. Cohen spoke on behalf of the City and explained our involvement and outlined all the steps the City had taken from 06/06/06. Lt. Cohen also answered questions from the Board. Mr. Pagano apologized for not returning Lt. Cohen’s phone calls. City Atty. Roper asked that it be on the record that Mr. Taylor has not been the City attorney for many months and that it be noted that he is not present to defend himself and that she has had no dealings with Mr. Pagano. Vice-Chair Kirk moved to reduce the fines by $1,000.00 as a compromise in regards to the Building Dept. and their untimely actions. This would make the fines total $3,425.00. Seconded by Member Tolos and carried by a 5-1 roll call vote with Member Dolan voting nay and Member Vanatta absent. B. David Alvarado requested to be put on the Agenda for a reduction of his fines but was not present at this meeting. 8. OLD BUSINESS: 9. ADJOURNMENT: Chair Lomax adjourned the meeting at 8:45 PM _____________________________ Bob Lomax, Chair ________________________ ___________________ Collina Gast, Recording Secretary