CEB_07-31-07_MinCEB 07/31/07-1 CODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Ave. Longwood, FL 32750 July 31, 2007 7:00 P.M. Present: Kelly Kirk, Vice-Chairman Gail Brown, Member Judy
Putz, Member Ernie Tolos, Member Greg Vanatta, Member Also Present: Amy Goodblatt, Board Attorney Heather Mackery, Interim City Attorney Russ Cohen, Lieutenant Bonnie Howington, Code
Enforcement Officer Cathy Price, Code Enforcement Officer Kim Harris, Recording Secretary Absent: Bob Lomax, Chairman Tim Dolan, Member Teresa Roper, Acting City Attorney Collina Gast,
Recording Secretary 1. CALL MEETING TO ORDER/ROLL CALL: Vice-Chair Kirk called the meeting to order at 7pm. The Recording Secretary called the roll. 2. APPROVAL OF MINUTES: The minutes
from the June 26, 2007 meeting were presented. Member Vanatta moved to accept the minutes of the June meeting, seconded by Member Brown. Minutes carried by a unanimous roll call vote
with Chairman Lomax and Member Dolan absent. 3. REPORT CASE UPDATES: Attorney Goodblatt gave the Board ?Board an update on the Runge case, regarding the letters received from Attorney
Friedman. Attorney Friedman wanted the Order Denying Challenge to Order Imposing Administrative Fine/Lien re-served since Attorney Friedman did not receive service when the original
order was served on Mr. Runge. Attorney Goodblatt re-issued the order to ensure proper service to Attorney Friedman and Mr. Runge. 4. PUBLIC HEARING: Code Enforcement Board Atty. Goodblatt
conducted the swearing in of witnesses and Vice Chair Kirk announced the case names to see which were present.
CEB 07/31/07-2 -E. CEB 07-07-653 GRAY, Steven & Cheryl/Holden, Michael 1231 Hamilton Avenue Longwood, FL 32750 As per Lt. Cohen, this case has been withdrawn as property is in compliance.
F. CEB 07-07-654 EYAL, Ofir 516 Winding Oak Lane Longwood, FL 32750 As per Lt. Cohen, this case has been withdrawn as property is in compliance. G. CEB 07-07-655 O’DONNELL, Brian & LIOTTI,
Kelly 537 E Wildmere Avenue Longwood, FL 32750 As per Lt. Cohen, this case has been withdrawn as property is in compliance. H. CEB 07-07-656 SCANTLAN, Barbara L. 121 Slade Drive Longwood,
FL 32750 As Per Lt. Cohen, this case has been withdrawn as property is in compliance. I. CEB 07-07-657 PEREYRA, Julio C. 106 Sunset Drive Longwood, FL 32750 As per Lt. Cohen, this case
has been continued until the August Code Board Meeting. A. CEB 04-10-410 ROUSE, Jeffrey S. REPEAT 677 Seminole Avenue Longwood, FL 32750 Code Officer Howington gave a brief history of
the prior violation where the Respondent was found guilty in October, 2004 of Boats, Trailers, RV parking. On 07/05/07 a trailer was parked in the driveway of the Respondents home. It
was not properly stored or screened. Code Officer Howington went back to the property on 07/06/07 and the trailer was still there and a Notice of Violation was issued with no compliance
date was given per FS 162 due to it being a repeat violation. Mr. Rouse called and told Code Officer Howington that the trailer had been parked there but it had now been moved. Upon
re-inspection on 07/07/07 the trailer had been moved, and has not been seen since then. Notice of Hearing was posted on the property on 07/21/07 and was sent first class mail and posted
at City Hall on 07/20/07 by Code Officer Price. The City is asking that the respondent be found guilty of violating CC. Chap. 86, Sec. 86-83, Boats, trailers, RV parking and be fined
$500.00 per day for the 2 days that the property was in violation and that a $100.00 Administrative Cost be assessed and to be paid within 30 days of receipt of the Final Orders.
CEB 07/31/07-3 Code Officer Howington answered questions from the Board. Mr. Rouse, property owner, spoke in regards to the violation and answered questions from the Board. Member Tolos
moved to close the public hearing. Seconded by Member Brown and carried by a unanimous roll call vote with Chairman Lomax and Member Dolan absent. Member Vanatta moved based on the evidence
and the testimony heard, to find the respondent guilty of CC, Chap. 86, Sec. 86-83, Boats, Trailers and RV Parking. Member Vanatta asked the Board find these facts occurred upon which
this violation is based. A Notice of Violation was issued on 07/06/07, a Notice of Hearing posted on the property on 07/21/07 and sent first class mail on 07/20/07 and posted at City
Hall on 07/20/07. He asked the Board fine the respondent , $50.00 per day for the 2 days of being in violation to be paid upon receipt of the Final Orders and that an Administrative
Cost of $100.00 be assessed and must be paid within 30 days from date of service of Final Orders. Orders. Motion seconded by Member Tolos and carried by a unanimous roll call vote with
Chairman Lomax and Member Dolan absent. D. CEB 07-06-649 MOUNTS, Steven & Jennifer 1061 Selma Road Longwood, FL 32750 Code Enforcement Officer Howington gave brief history of how the
property had been cited previously 10 times for Outdoor Storage since 2001. Case was originally scheduled for the Board in September of 2006, but was withdrawn due to the fact that the
property was brought into compliance. In March of 2007 Code Officer Howington was on Selma Road and noticed that the Outdoor Storage was again beginning to collect. Code Officer Howington
stopped by the residence and reminded the property owners that the Outdoor Storage was starting to collect again and that she would be back again the following week to re-inspect. On
04/05/07 a Notice of Violation was issued for CC, Chap. 18, Sec. 18-221 Outdoor Storage with a compliance date of 04/12/07. Upon re-inspection on 04/16/07 the property was still not
in compliance and a Notice of Non-Compliance was issued to comply by 04/20/07. On 05/09/07 Code Officer Howington went back by the residence and compliance still had not been met. A
Notice of Hearing was served on Jennifer Mounts on 06/09/07 by Officer Tim Cooper of the Longwood Police Dept. On 06/25/07 Code Officer Howington went back by the property and the Outdoor
Storage had been cleaned up and the property was in compliance. However, due to the number of times the property had been cited it was decided to bring the case to the June Code Board
Meeting. In the 06/26/07 Code Board Meeting the respondents requested the case to be continued until the 07/31/07 Code Board Meeting because they had obtained an Attorney and the Attorney
could not be present due to other scheduling conflicts. The Notice of Hearing for the July Code Board Meeting was served on Jennifer Mounts on 07/14/07 by Officer Leasure of the Longwood
Police Dept. Upon re-inspection on 07/31/01 there are several other items still on the carport. The City is asking to find the Respondents guilty of CC, Chap.18, Sec. 18-221 Outdoor
Storage so that if the violation occurs again they can be charged as a repeat violation and asking that an Administrative Cost be assessed and to be paid within 30 days of receipt of
the Final Orders. Code Officer Howington answered questions from the Board.
CEB 07/31/07-4 Attorney Johnson asked questions of the City. Attorney Johnson spoke on behalf of the Respondents and answered questions from the Board. Member Tolos moved to close the
public hearing. Seconded by Member Vanatta and carried by a unanimous roll call vote with Chairman Lomax and Member Dolan absent. Member Vanatta moved based on the evidence and the testimony,
to find the respondents guilty of violating CC. Chap. 18, Sec. 18-221, Outdoor Storage. In support of the motion, he asked that the Board find the following facts occurred upon which
this violation is based. A Notice of Violation was issued on 04/05/07 to comply by 04/12/07, there has been 10 previous violations issued for the same violation since 2001, A Notice
of Non-Compliance was issued on 04/16/07 to comply by 04/20/07. Notice of Hearing was served on 06/09/07 and on 07/14/07. Member Vanatta moved there would be no fine assessed but that
the Respondents be found guilty so that in the future if they are found in violation again they can be brought before the Board as a repeat violation. Member Vanatta moved that a $100.00
Administrative Cost be assessed and paid within 30 days of receipt of the Final Orders. Motion seconded by Member Tolos and carried by a unanimous roll call vote with Chairman Lomax
and Member Dolan absent. B. CEB 05-03-447 VU, Hong Mai Repeat 900 Wildmere Avenue Longwood, FL 32750 Code Enforcement Officer Price spoke in reference to this case and that it had been
brought to the Board in March of 2005. This is a repeat violation of CC, Chap. 38, Sec. 38-121 Trash & Debris and CC, Chap. 38, Sec. 38-141, High Grass/Weeds. Property has not been taken
care of since the hurricanes, and it has not been occupied since 2005. A Notice of Violation was issued on 07/10/07 and sent certified mail to the property owner on 07/10/07 with no
compliance date per FS 162, as this property is a repeat violation. A Notice of Hearing was sent certified mail to the property owner on 07/13/07 and was picked up at the Post Office
on 07/16/07. Due to the fact that the property has not been maintained and the property owner has made no contact with Code Enforcement the City is asking that a fine of $500.00 per
day per violation be imposed for each and every day of non-compliance starting on 07/16/07 until property is brought into compliance. The City is also asking that an Administrative Cost
of $100.00 be assessed and paid within 30 days of receipt of the Final Orders. Code Officer Price answered questions from the Board. Member Putz moved to close the public hearing. Motion
seconded by Member Tolos and carried by a unanimous roll call vote with Chairman Lomax and Member Dolan absent. Member Putz moved on the evidence and the testimony heard, to find the
Respondent guilty of CC, Chap 38, 38-121 and CC, Chap. 38, 38-141. This is a repeat violation. In support of this motion Member Putz asked that these facts occurred, in March 2005, the
Code Board found the property owners in violation of the above mentioned codes making this a repeat violation. A Notice of Violation was sent on 07/10/07, a Notice of Hearing was sent
on 07/13/07. Member Putz moved to give the respondents 7 days from the service of Final
CEB 07/31/07-5 Orders to come into compliance or a penalty of $500.00 per day for each violation will be assessed and a $100.00 Administrative Cost be assessed to be paid within 30 days
of receipt of Final Orders. Member Tolos seconded the motion. Attorney Goodblatt discussed the penalty for the repeat violation with the Board pertaining to the fine. Member Putz withdrew
her original motion and amended the original motion to have the fine of $500.00 per violation, per day, commence on 07/16/07 and continue until property is brought into compliance and
a $100.00 Administrative Cost be assessed. Motion seconded by Member Tolos and carried by a unanimous roll call vote with Chairman Lomax and Member Dolan absent. Member Vanatta discussed
Demolition Motion with Attorney Goodblatt. C. CEB 06-01-517 MILLS, Daniel REPEAT 613 Seminole Avenue Longwood, FL 32750 Code Officer Howington gave a brief history of case and how Mr.
Mills was brought to the Code Enforcement Board and found guilty of violating, CC, Chap. 22, Sec. 22-33, Boats, Trailers, RV, in August 2001 . He was cited again in January of 2006 as
a repeat violator of the same violation which is now CC , Chap. 86, Sec. 86-83, Boats, Trailers, RV parking. There is currently a lien on Mr. Mills’s property for that violation. On
07/05/07 Code Officer Howington drove by Mr. Mills’s property and noticed the trailer there, Mr. Mills was not cited that day but decided to wait until the next day to see if the trailer
would be gone. On 07/06/07 Code Officer Howington went back to the property and the trailer was still there. A Notice of Repeat Violation citing CC, Chap. 86, Sec. 86-83, Boats, Trailers
and RV’s. No compliance date was give per FS 162. The property was re-inspected again on 07/07/07 and the trailer was still there. After several re-inspections after 07/07/07 the trailer
has not been seen since. Notice of Hearing was served on Dan Mills on 07/14/07 by Officer Leasure of the Longwood Police Dept. The City is asking that Mr. Mills be found guilty of violating
violating CC, Chap. 86, Sec. 86-83 as a repeat violator. The City is also asking that a fine of $500.00 per day be imposed for the 3 days that the property was in violation, and thatt
an Administrative Cost of $100.00 be assessed. Both the fine and the Administrative Cost are to be paid within 30 days of service of the Final Orders. Code Officer Howington added that
no contact has been made by Mr. Mills with the City regarding this violation. Code Officer Howington answered questions from the Board. Member Tolos moved to close the public hearing.
Motion seconded by Member Vanatta and carried by a unanimous roll call vote with Chairman Lomax and Member Dolan absent. Board posed questions to Attorney Goodblatt regarding how to
handle the penalty motion of this case. Member Vanatta moved based on the evidence and the testimony heard, moved to find the respondent guilty of a second repeat violation of CC, Chap.
86, Sec. 86-83, Boats, Trailers and RV’s. In support of this motion , Member Vanatta found these facts occurred, in 2001 the
CEB 07/31/07-6 respondent was cited and found guilty of the same violation, we had a first repeat offense and Final Order served in February 2006, during 2007 we had a Notice of Violation
issued on 07/06/07, a Notice of Hearing served on 07/14/07. The owner/occupant has not responded to the City regarding the lien that was placed on the property from the first repeat
violation. Member Vanatta moved to fine the respondent $500.00 per day for the 3 days that Mr. Mills was not in compliance and is to be paid within 30 days of service of the Final Orders.
Member Vanatta moved that an Administrative Cost of $100.00 be assessed and be paid within 30 days of service of the Final Orders. Motion seconded by Member Brown. Member Tolos discussed
the penalty and Attorney Goodblatt discussed the Administrative Cost with the Board. Lt. Cohen discussed the Administrative Cost with the Board. Member Putz motioned to amend the Administrative
Costs to $500.00. Motion seconded by Member Tolos and carried by a unanimous roll call vote with Chairman Lomax and Member Dolan absent. 5. UNFINISHED BUSINESS: 6. NEW BUSINESS: The
City mentioned to the Board members of the Bob Hamilton workshop that is being offered and would be paid by the City for those members who would like to attend. Attorney Goodblatt mentioned
to the Board about the cases that had asked to be put on the agenda to ask for Reduction of Fines/Liens. Neither respondents were present at the Board Meeting. 7. OLD BUSINESS: None
8. ADJOURNMENT: Vice-Chair Kirk adjourned the meeting at 8:30 pm _____________________________ Bob Lomax, Chair ____________________________________________ Kim Harris, Recording Secretary