CEB_08-28-07_MinCEB 08/28/07-1 CODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Ave. Longwood, FL 32750 August 28, 2007 7:00 P.M. Present: Bob Lomax, Chairman Kelly Kirk, Vice-Chairman
Gail Brown, Member Judy Putz, Member Ernie Tolos, Member Greg Vanatta, Member Tim Dolan, Member Also Present: Amy Goodblatt, Board Attorney Heather Macre, Interim City Attorney Russ
Cohen, Lieutenant Bonnie Howington, Code Enforcement Officer Cathy Price, Code Enforcement Officer Kim Harris, Recording Secretary Absent: Teresa Roper, Acting City Attorney Collina
Gast, Recording Secretary 1. CALL MEETING TO ORDER/ROLL CALL: Chair Lomax called the meeting to order at 7pm. The Recording Secretary called the roll. Member Tolos left meeting at 7:05
pm 2. APPROVAL OF THE MINUTES: The minutes from the July 31, 2007 meeting were presented. Member Putz moved to accept the minutes of the July meeting, seconded by Member Brown. Minutes
carried by a unanimous roll call vote with Member Tolos absent. 3. REPORT CASE UPDATES: 4. PUBLIC HEARING: ?HEARING: Code Enforcement Board Atty. Goodblatt conducted the swearing in
of witnesses and Chair Lomax announced the case names to see which were present. M. CEB 07-08-668 SMITH, Craig and Rose 590 E Georgia Avenue Longwood, FL 32750
CEB 08/28/07-2 As per Lt. Cohen, this case has been withdrawn as property is in compliance. C. CEB 07-08-658 MUNOZ, Frankie & Olgo/Stefan’s Exotic Toys & Gadgets 611 E. SR 434 Longwood,
FL 32750 As per Lt. Cohen, this case has been withdrawn. D. CEB 07-08-659 DHANNA, Luanna 764 E. Church Avenue Longwood, FL 32750 As per Lt. Cohen, this case has been continued to September.
F. CEB 07-08-661 PENA, Marilyn /All American Management 438 Longwood Circle Longwood, FL 32750 As per Lt. Cohen, this case has been withdrawn as property is in compliance. J. CEB 07-08-665
NCH, INC. /Mitchell, Mark 670 Longdale Avenue Longwood, FL 32750 As per Lt. Cohen, this case has been withdrawn as property is in compliance. K. CEB 07-08-666 KELSON, Michelle and CAMPBELL,
Mark 102 Temple Drive Longwood, FL 32750 As per Lt. Cohen, this case has been continued to September. E. CEB 07-08-660 ARNON, Harry & Karen/Spivey, John 303 Stormy Cove Longwood, FL
32750 Code Officer Price stated Notice of Violation was issued on 06/28/07 for High Grass/Weeds and 2 Inoperable Vehicles with a compliance date of 07/05/07. The high grass/weeds have
been brought into compliance and the only violation is 1 inoperable vehicle. Upon re-inspection on 07/10/07 there were still 2 inoperable vehicles. A Notice of Non-Compliance was issued
on 07/10/07 to comply by 07/14/07. On 07/25/07, the Corvette was still in violation, the other vehicle had been removed. Upon inspection 08/28/07 the Corvette was still there, the vehicle
was up on jacks with a car cover over it and a tool box and parts boxes close to the vehicle. Notice of Violation was sent certified mail to the Property Owners on 06/29/07 and signed
for on 07/13/07. Lt. Cohen’s request to comply letter was sent out on 07/10/07. Notice of Hearing was served on Patty Slocum on 08/14/07 at 6:54 pm by Officer Martin of Longwood Police
Dept and sent certified to property owner’s certified mail on
CEB 08/28/07-3 08/14/07 and signed for by Karen Arnon on 08/15/07. The City is requesting that the property owner and tenant be found in violation of CC, Chap. 86, 86-54, inoperable
vehicle and an Administrative Cost of $100.00 be imposed to be shared by both the property owner and tenant. The City is also requesting that the vehicle be operable within 1 week of
service of Final Orders or a fine of $25.00 per day per owner and tenant be imposed until vehicle is brought into compliance. Code Officer Price answered questions from the Board. Mr.
& Mrs. Arnon, property owners, spoke in regards to the violation. Discussion ensued in regards to the interpretation of the violation. Mr. Spivey, tenant, arrived and was sworn in and
spoke in regards to the violation and the ownership of the Corvette. Mr. Spivey answered questions from the Board. Mr. & Mrs. Arnon discussed if the road to their property was a public
or private road. Mrs. Arnon said that she was told that the road was a private road with a public easement. Discussion took place regarding this issue and Lt. Cohen was asked questions
in reference to this matter. Vice-Chair Kirk motioned to close the public hearing. Seconded by Member Dolan and carried by a unanimous voice vote with Member Tolos absent. Member Dolan
moved based on the evidence seen and testimony heard to find the respondents guilty of CC, Chap 86, 86-54 Inoperable vehicle. In support of this motion, the following facts occurred.
This violation was in existence on 07/05/07, 07/10/07, 07/25/07 and is not incompliance as of 08/28/07. Further move to give the respondent 14 days from service of Final Orders to bring
the property into compliance or that a $25.00 per day penalty be imposed for each and every day of non-compliance. There will be no Administrative cost assessed. Seconded by Vice-Chair
Kirk and carried by a unanimous roll call vote with Member Tolos absent. H. CEB 07-08-663 NELSON, Mark 162 E Lake Avenue Longwood, FL 32750 Code Officer Price spoke in reference to this
property and how it has been cited 3 times since Mr. Nelson bought the property for the Boat/Trailer/RV parking. On 07/25 the trailer was seen at the property and a picture was taken
with the intention of citing the property the next day. On 07/26/07 the trailer was still there despite the fact that Mr. Nelson was clearly aware of the parking and screening requirements.
With this fact in mind a Notice of Violation was issued on 07/26/07 with a 3 hour time to comply. When Code Officer Price drove by to check on the trailer after 12:00 pm, the trailer
was still there and Mr. Nelson made no attempts to move the trailer. Notice of Hearing was served on Mark Nelson on 08/14/07 at 11:21 am by Officer Lopez of the Longwood Police Dept.
The property is in compliance as of 08/28/07. The City is requesting that Mr. Nelson be found guilty of CC, Chap 86, 86-83, Boats/Trailers,
CEB 08/28/07-4 RV parking so that if the violation occurs again be can be cited as a repeat offender. The City is also asking that a $200.00 Administrative cost be assessed since the
property had been cited 3 times previously. Mr. Nelson spoke in reference to the violation. Member Brown motioned to close the public hearing. Seconded by Member Putz and carried by
a unanimous voice vote with Member Tolos absent. Member Vanatta moved on the evidence seen and testimony heard to find the respondent guilty of violating CC, Chap 86, 86-53 Boats/Trailers,
RV parking. In support of the motion the following fact occurred, a Notice of Violation issued on 07/26/07, a Notice of Hearing served 08-14-07, the property was in compliance as of
08/28/07. Member Vanatta moved that an Administrative cost of $100.00 be assessed and must be paid with 15 days of service of Final Orders. Motion seconded by Vice-Chair Kirk and carried
by a unanimous roll call vote with Member Tolos absent. L. CEB 07-08-667 DICKINSON, Therese and Robert 270 E Lake Avenue Longwood, FL 32750 Code Officer Price spoke in reference to this
case and that on 02/24/07 contact was made with Mr. Dickinson in reference to his boat that was not properly screened or stored by issuing a Notice of Violation with a compliance date
of 03/03/07. Mr. Dickinson said that he was in the process of putting an addition onto his home and when the addition was done he would take care of the boat. Mr. Dickinson was asked
how long it would take and he said a couple of months. On 07/12/07 while in the area Code Officer Price noticed that nothing had been done about the boat. A Notice of Violation was issued
on 07/12/07 to comply by 07/19/07. On 07/26/07 a Notice of Non-Compliance was issued to comply by 07/30/07. On 08/08/07 re-inspection was made the boat/trailer could still be seen and
a temporary screening had been put up. Notice of Hearing was served on Robert Dickinson on 08/15/07 at 5:00 pm by Officer Caylor of the Longwood Police Dept. The City is requesting that
Mr. & Mrs. Dickinson be found guilty of CC, Chap. 86, 86-83 and be assessed a $100.00 Administrative cost and given 7 days from service of Final Orders to comply by either screening
the boat according to code or removing it from the property. Code Officer Price answered questions from the Board. Mr. & Mrs. Dickinson spoke in reference to the violation. Mrs. Dickinson
handed out folders with pictures as evidence to the Board of the different violations in her neighborhood. They also explained they are still doing the addition to their house and have
a lot of work left to do. Mr. & Mrs. Dickinson answered questions from the Board. Member Vanatta moved to close the public hearing. Seconded by Member Dolan and carried by unanimous
voice vote with Member Tolos absent. No subsequent motion was made, case dismissed due to lack of motion.
CEB 08/28/07-5 A. CEB 05-10-493 CHEN, Pamela & Winston REPEAT 649 E. Orange Avenue Longwood, FL 32750 Code Officer Howington spoke in reference to this case. This case originally went
to the Board on 10/25/05 for high grass/weeds and was found guilty. A Notice of Repeat Violation for CC, Chap. 38, 38-141 high grass/weeds was issued on 08/02/07 with no compliance date
given per FS162. A copy of the repeat violation was mailed certified mail to the property owners on 08/02/07 and was signed for by Pamela Chen. No contact has been made by the property
owners in regards to the violation. A Notice of Hearing was sent certified mail on 08/14/07 to the property owners and was signed for by Jordan Lue on 08/15/07. As of 08/28/07 the property
is still not in compliance. The City is requesting that the respondents be found guilty of violating CC, Chap. 38, 38-141 as a repeat violation for high grass/weeds. The City also asks
that a $500.00 per day penalty be imposed for each and every day that the property is not in compliance and that the property owners contact the Code Enforcement Division when the property
is in compliance so that an inspection can be done and the penalty would then stop accruing. The City also asks that an Administrative cost of $100.00 be assessed. The fine for the 26
days the property has been in violation which totals $13,000.00 as well as the $100.00 Administrative cost be paid within 10 days of service of Final Orders and that the penalty continue
until compliance has been met. Vice-Chair Kirk motioned to close the public hearing. Seconded by Member Vanatta and carried by a unanimous voice vote with Member Tolos absent. Member
Vanatta moved on the evidence seen and testimony heard to find the respondents guilty as a repeat violator of CC, Chap. 38, 38-141 high grass/weeds. In support of this motion the following
facts occurred, Final Order served on 10/25/05 which found the respondent guilty of first violation, numerous days of photographs showing the property not in compliance, a Notice of
Violation issued on 08/02/07, Notice of Hearing sent certified mail and signed for on 08/15/07. Member Vanatta further moved to give the respondent 10 days from service of Final Orders
to bring the property into compliance or a penalty of $500.00 per day be imposed for each and every day of non-compliance, also an Administrative Cost of $200.00 be assessed and be paid
within 10 days of service of Final Orders. Seconded by Vice-Chair Kirk. Discussion ensued concerning the $500.00 per day penalty and the start date of the penalty. Motion carried by
5-1 roll call vote with Member Brown voting nay and Member Tolos absent. B. CEB 06-01-514 GAMBLE, Mary REPEAT 565 Preston Road Longwood, FL 32750 Interim City Attorney Heather Macre
spoke in reference to this case and asked that the case should be withdrawn due to current litigation concerning this property. Vice-Chair Kirk motioned to table this case. Seconded
by Member Vanatta and carried by a unanimous voice vote.
CEB 08/28/07-6 G. CEB 07-08-662 MILLS, Daniel 613 Seminole Avenue Longwood, FL 32750 Code Officer Howington spoke in reference to this case. Mr. Mills was issued a Notice of Violation
on 07/06/07 for Outdoor Storage and also for an Inoperable vehicle. The issue of outdoor storage will not be addressed since that violation is now in compliance. The violation for the
inoperable vehicle, CC, Chap. 86, 86-54 will be addressed. A Notice of Violation was issued on 07/06/07 to comply by 07/13/07. Upon re-inspection on 07/13/07 the vehicle had not been
moved and a Notice of Non-Compliance was issued with a compliance date of 07/17/07. A Notice of Hearing was served on Dan Mills on 08/14/07 by Officer Cooper of the Longwood Police Dept.
The City is asking that the property owner be found guilty of violating CC, Chap. 86, 86-54 , Inoperable vehicle and be given 10 days from service of Final Orders or a penalty of $250.00
per day be imposed for each and every day of non-compliance and that an Administrative cost of $100.00 be assessed and must be paid with 30 days of service of Final Orders. Member Putz
motioned to close the public hearing. Seconded by Member Dolan and carried by a unanimous voice vote with Member Tolos absent. Vice-Chair Kirk motioned on the evidence seen and testimony
heard move to find the respondent guilty of violating CC, Chap. 86, 86-54, inoperable vehicle. In support of the motion find these facts occurred, Notice of Violation was issued on 07/06/07
to comply by 07/13/07, Notice of Non-Compliance was issued on 07/13/07 to comply by 07/17/07, further move to give the respondent 10 days from service of Final Orders to bring property
into compliance or a penalty of $200.00 per day be imposed for each and every day of non-compliance, also an Administrative Cost of $100.00 be assessed and be paid within 30 days of
service of Final Orders. Seconded by Member Putz and carried by a unanimous roll call vote with Member Tolos absent. I. CEB 07-08-664 KINSLEY, Kimberly 517 Winding Oak Lane Longwood,
FL 32750 32750 Code Officer Howington issued Notice of Violation on 07/12/07 for CC, Chap. 38, 38-141, High grass/weeds, with compliance date of 07/19/07. Re-inspection was done on 07/25/07
and a Notice of Non-Compliance was issued to comply by 07/29/07. On further re-inspection there was a For Rent sign lying in the grass so I called the property owner and spoke with her
and she stated the property was in foreclosure but that she would do her best to get the property mowed by the weekend. The property was re-inspected on 08/02/07 and the property had
not been mowed and the property owner has made no further contact with Code Enforcement. Notice of Hearing was prepared and given to Sgt. Gioielli for the officers to serve. Several
Officers made attempts to serve and all were unsuccessful. On 08/16/07 the Notice of Hearing was sent first class mail and also posted the property and City Hall. As of 08/28/07 property
has not been mowed. The City is asking the property owner be found guilty of CC, Chap. 38, 38-141, high grass/weeds and be given 5 days from service of Final Orders to have the property
mowed or a penalty of $250.00 per day for each and every day of non-
CEB 08/28/07-7 compliance also a $100.00 Administrative Cost be assessed and must be paid within 30 days of service of Final Orders. Vice-Chair Kirk motioned to close the public hearing.
Seconded by Member Putz and carried by a unanimous voice vote with Member Tolos absent. Vice-Chair Kirk moved on the evidence seen and testimony heard to find the respondent guilty of
violating CC, Chap. 38, 38-141, high grass weeds. In support of this motion please find these facts occurred, Notice of Violation was issued on 07/12/07 to comply by 07/19/07, Upon re-inspection
on 07/25/07 the property was not in compliance and a Notice of Non-Compliance was issued to comply by 07/29/07, upon further re-inspection and as of 08/28/07, the property is not in
compliance. Further move to give the respondent 3 days from the service of Final Orders to bring the property into compliance or a penalty of $200.00 per day be imposed for each and
every day of non-com liance, and an Administrative cost of $200.00 be assessed and must be paid within 30 days of service of Final Orders. Motion seconded by Member Putz and carried
by unanimous roll call vote with Member Tolos absent. 5. UNFINISHED BUSINESS: 6. NEW BUSINESS: 7. OLD BUSINESS: Mr. Runge’s appeal was filed with Circuit Court. 8. ADJOURNMENT: Chairman
Lomax adjourned the meeting at 8:30 pm. _____________________________ Bob Lomax, Chair ____________________________________________ Kim Harris, Recording Secretary