CEB_05-22-07_MinCEB 05/22/07-1 CODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Ave. Longwood, FL 32750 May 22, 2007 7:00 P.M. Present: Bob Lomax, Chairman Kelly Kirk, Vice-Chairman Gail
Brown, Member Ernie Tolos, Member Tim Dolan, 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 Kim Harris, Recording Secretary Absent: Greg Vanatta, Member Collina Gast, Recording Secretary 1. CALL MEETING TO ORDER/ROLL
CALL: Chairman Lomax called the meeting to order at 7pm. The Recording Secretary called the roll. 2. APPROVAL OF MINUTES: The minutes from the April 24, 2007 meeting were presented.
Member Tolos moved to accept the minutes of the April meeting, seconded by Member Putz. Minutes carried by a unanimous roll call vote with Member Vanatta absent. 3. REPORT CASE UPDATES:
None 4. PUBLIC HEARING: Code Enforcement Board Atty. Goodblatt conducted the swearing in of w?itnesses and Chairman Lomax announced the case names to see which were present. -C. CEB
07-05-635 JOHNSON, Patrick R. & Cathryn D. 1409 Robin Court Longwood, FL 32750 As per Lt. Cohen, this case has been withdrawn as property is in compliance.
CEB 05/22/07-2 D. CEB 07-05-636 WROBEL, Stephen M. & Robert F. 817 Raven Avenue Longwood, FL 32750 As per Lt. Cohen, this case has been withdrawn as property is in compliance. E. CEB
07-05-637 BLEUS, Marie-Anne & Jean-Louis 833 E Seminole Avenue Longwood, FL 32750 As per Lt. Cohen, this case has been withdrawn as property is in compliance. F. CEB 07-05-638 OWENS,
Erin 717 E Logan Drive Longwood, FL 32750 As Per Lt. Cohen, this case will be continued until the June Code Enforcement Board meeting. G. CEB 07-05-639 CANALS, Otoniel 833 E Church Avenue
Longwood, FL 32750 As per Lt. Cohen, this case has been withdrawn as property is in compliance. I. CEB 07-05-641 PARKER, Charles 246 Blackwater Place Longwood, FL 32750 As per Lt. Cohen,
this case has been withdrawn as property is in compliance. B. CEB 07-04-631 KELLEY, Linda L. /Kelly’s Martial Arts 1150 N. CR 427 Longwood, FL 32750 Code Officer Howington stated she
issued a Notice of Violation for CC, Chap 18, Sec. 18-63 Minimum Property Standards on 10/31/06 and a copy was sent certified mail to the property Owner, Mrs. Kelley on 10/31/06 and
was signed for by Linda Kelley on 11/13/06. Upon re-inspection on 01/25/07 no changes had been made to the building. A Notice of Non-compliance was posted on the property 01/25/07 to
comply by 02/01/07. Upon further re-inspection on 03/22/07, the property was not in compliance and was scheduled for the April 27, 2007 Code Enforcement Board meeting. On 04/04/07 a
Notice of Hearing was served on Jeff Jones (employee) at 7:04 pm by Officer Hernandez of the Longwood Police Dept. On 04/10/07 Mrs. Kelley called and asked to be rescheduled for the
05/22/07 Code Board meeting since she was going to be out of town until after Mothers Day. On 04/19/07 we received a letter from Mrs. Kelley requesting to be rescheduled. On 05/10/07
a new Notice of Hearing was given to the Longwood Police Dept for service. Several attempts were made without success. Notice of Hearing was then posted on the property on 05/11/07 by
Kim
CEB 05/22/07-3 Harris, Code Enforcement secretary. A copy was sent certified mail to Linda Kelley on 05/10/07 and a notice was left but has never been picked up. At 4:45pm today we were
notified by the Building Dept. that Mrs. Kelley and the contractor did submit their application and it has been approved but has not been picked up. The City requests the respondents
be found guilty of violating CC, Chap. 18, Sec. 18-63 Minimum Property Standards and requests the respondents be given 10 days from receipt of the Final Orders to obtain a building permit
or a fine of $250.00 per day be assessed until the permit is picked up. Once the permit is issued, the City requests that an additional 60 days be given to complete construction and
have all the work and inspections done and approved. The City requests that a $100.00 Administrative cost be assessed and paid within 30 days of date of service of Final Orders. Code
Enforcement Howington answered questions from the Board. Hal Smith w/Clayton Construction spoke in reference to this case. Member Tolos moved to close the public hearing. Seconded by
Member Putz and carried by a unanimous voice vote with Member Vanatta absent. Member Brown moved, based on the evidence and the testimony, to find the respondents guilty of CC, Chap.
18, Sec. 18-63 Minimum Property Standards. In support of this motion, she asked the Board find the following facts occurred upon which these violations existed: Notice of Violation was
issued on 10/31/06 to comply by 11/30/06; upon further re-inspection on 01/25/07 the property was not in compliance and a Notice of Non-Compliance was issued to comply by 02/01/07; upon
further re-inspection on 03/22/07, the property was still not in compliance and the case was scheduled for the Board. She further moved to give the respondents 60 days from service of
Final Orders to bring the property into compliance or a penalty of $250.00 per day will be imposed for each and every day of non-compliance and a $100.00 Administrative cost be assessed
and must be paid paid within 30 days of service of Final Orders. Motion seconded by Member Putz and passed by unanimous roll call vote with Member Vanatta absent. H. CEB 07-05-640 VAUGHAN
INC. /Ginelli’s Coffee Shop 190 S. CR 427 Longwood, FL 32750 Code Officer Howington stated business had opened and had been operating over a month with no city Occupational License and
doing plumbing and electrical work without first attaining permits. Notice of Violation was issued on 04/16/07 for LDC Art. X, Sec. 10.1.0, No Permits and CC, Chap. 82, Sec., 82-32,
Occupational License to comply by 04/23/07. On 05/03/2007 Officer Howington checked with Occupational licensing. The Occupational License had been issued, therefore CC, Chap. 82, Sec
82-32 had complied. Officer Howington checked with the Building Dept and no permits had been issued. A Notice of Non-Compliance was then issued on 05/03/07 to comply by 05/07/07. A Notice
of Hearing was mailed certified mail to the property owner, Vaughan Inc. on 05/10/07 and signed for by James J. Vaughan on 05/12/07. A Notice of Hearing was served on Virginia Kovachev
on 05/10/07 at 3:00 pm by Officer Borows of the Longwood Police Dept. The City is asking that the Respondents be given 30 days to obtain building permits and have all work done and
CEB 05/22/07-4 approved. The City is also requesting that a $100.00 Administrative Cost be assessed and be paid within 30 days of service of Final Orders. Code Officer Howington answered
questions from the Board. Code Officer Howington amended her request to include a $250.00 per day penalty be assessed if property does not come into compliance. Virginia Kovachev, Tenant,
spoke in reference to this case and answered questions from the Board. ` Attorney Goodblatt asked questions of the City. 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 Putz moved, based on the evidence and testimony heard to find the Respondents guilty of LDC, Art X, Sec.
10.1.0, No Permits. In support of this motion, she asked that the Board find the following facts occurred: on 04/16/07, Notice of Violation was issued with a compliance date of 04/23/07;
upon re-inspection on 05/03/07 the property was still not in compliance and a Notice Notice of Non-Compliance was issued to comply by 05/07/07; upon further re-inspection on 05/09/07
the property was not in compliance and this case was scheduled for the Code Board. Member Putz further moved to give the Respondents 30 days from service of Final Orders to have the
work completed and approved or a $250.00 per day penalty will be assessed for every day not in compliance. Member Putz also moved no Administrative Cost be assessed. Member Tolos seconded
the motion. Attorney Roper asked the Board that the Administrative Cost be assessed due to the time Code Enforcement has spent working on the case. Request was denied for the Administrative
Cost. Motion carried by a 5-1 roll call vote with Vice-Chair Kirk voting nay and Member Vanatta absent. A. CEB 07-01-614 PORTER, Randy REPEAT 401 Tullis Avenue Longwood, FL 32750 Code
Officer Cathy Price presented case and gave brief history of previous violation at 402 Tullis Avenue. This is a repeat violation of CC, Chap.86, Sec. 86-83 Boats, Trailers, RV parking.
On 01/10/07 a re-roof permit was issued to 401 Tullis and on 01/12/07 a dry in inspection was called in, which passed on 01/17/07 and on 01/23/07 a picture was taken of the completed
roof. On 02/23/07 an enclosed trailer was parked at 401 Tullis, on 02/24/07 the enclosed trailer was in the driveway and the yard trailer was parked in the side yard. On 03/28/07 after
watching the property a Notice of Violation was issued with no compliance date given per FS162. Mr. Porter was previously found guilty in January for the same violation. Upon many re-inspections
between 03/29/07 thru 05/21/07 there was either one or
CEB 05/22/07-5 two trailers parked at 401 Tullis. From 03/28/07 thru 05/22/07 a trailer or trailers were at 401 Tullis 25 times. The City is asking, since this is a repeat violation,
a $500.00 per day penalty be assessed for the 25 days that the trailers were at the property totaling $12,500.00 and a $100.00 Administrative Cost . Code Officer Price answered questions
from the Board. Randy Porter, Property Owner, spoke in reference to this case and answered questions from the Board. Lt. Cohen answered questions from the Board. Discussion ensued concerning
the violation. Member Tolos moved to close the public hearing. Seconded by Member Brown and carried by a unanimous voice vote with Member Vanatta absent. Member Tolos moved based on
the evidence and testimony, to find the Respondent not guilty of repeat violation of CC, Chap. 86, Sec. 86-83, Boats, Trailers, RV parking. Motion seconded by Vice-Chair Kirk and carried
by a 4-2 roll call vote with Chair Lomax and Member Brown voting nay and Member Vanatta absent. 5. UNFINISHED BUSINESS: 6. NEW BUSINESS: A. Martin Friedman, Attorney for Roger & Linda
Runge, explained that Mr. Runge is not in violation of CC. Chap 38, Sec. 38-141. He then asked the Board to eliminate the fines on CEB case # 06-05-551 at 577 W. Church Avenue. Chairman
Lomax asked the City Attorney, Teresa Roper, to read CC, Chap. 38, Sec. 38-141. Attorney Friedman answered questions from the Board. Attorney Goodblatt, Code Board Attorney, explained
the City Code. 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 to reject
the Motion to Reduce or Eliminate Fines & Costs. Motion seconded by Member Brown and carried by a unanimous roll call vote with Member Vanatta absent. B. Eric Castleson, Attorney for
William & Constance Adams, requested an extension of time for compliance. Attorney Goodblatt requested a 5 minute break. Meeting adjourned at 8:15 PM. Meeting called to order at 8:20
PM.
CEB 05/22/07-6 Attorney Castleson gave a brief history of the procedural background of requesting the extension concerning the purchase of the Adams’ property by the Dept. of Transportation.
City Attorney Roper, for the record, objected to any letters being authenticated as from being from the DOT as there is no one present to testify that the letters are from them. Attorney
Castleson continued explaining the background and conversations with the City and Attorney Roper. Attorney Castleson stated that they had filed a Notice of Appeal with the 18th Circuit
Court. He also filed a Motion of Stay, the operation of the Final Order. Said the he had conversations with Attorney Roper concerning the extension of time of compliance to 120 days.
Chair Lomax asked Attorney Goodblatt where the Board stood with the Appeal and if the Board has the right to make a judgment. Attorney Goodblatt asked questions of Attorney Castleson
about the Motion to Stay and explained to the Board what rights they have. Discussion ensued about the Motion to Stay. Chair Lomax asked questions of Attorney Castleson. Attorney Roper
responded to the statements made by Attorney Castleson concerning trying to come to agreement with the City and the accruing of fines. Chair Lomax asked questions of Attorney Roper concerning
the accruing of fines and when they will accrue from. Attorney Goodblatt responded to the discussion about the extension and the accruing of fines. Chair Lomax addressed Attorney Castleson
about what the Board would be willing to do as far as the accrual of the fines. The fines would accrue, however, they would not be imposed until the case comes back to the Board in 120
days then at that time the Board would revisit the issue of the accrual of fines and imposing of the fines. Attorney Castleson asked for time to discuss with his clients the offer the
City had made. Meeting was adjourned for a 5 minute break at 8:50 PM. Meeting called to order at 8:53 PM. Attorney Castleson asked for the agreement to be in writing. Attorney Goodblatt
made a suggestion that a request of extension of time for compliance was asked for at the Board meeting and the Board would agree to continue the hearing on imposition of Administrative
Order of Fines until the September 25, 2007 meeting of the Board.
CEB 05/22/07-7 Attorney Roper addressed the trying to come to agreement with Attorney Castleson and how all the offers were denied because of wanting more. Attorney Goodblatt clarified
the agreement. Member Tolos moved to close the public hearing. Seconded by Member Brown and carried by a unanimous voice vote with Member Vanatta absent. Member Tolos made the motion
to continue the case until the September 25, 2007 Board meeting. Seconded by Member Putz. Attorney Goodblatt made a suggestion that the original motion be amended to state that the Hearing
of the Imposition of Fines or Lien will be addressed no sooner than the September 25, 2007 Board meeting. Member Tolos amended the original motion. Seconded by Member Putz and motion
carried by unanimous roll call vote with Member Vanatta absent. 7. OLD BUSINESS: None 8. ADJOURNMENT: Chair Lomax adjourned the meeting at 8:55 PM. _____________________________ Bob
Lomax, Chair ____________________________________________ Kim Harris, Recording Secretary