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CEB_10-23-07_MinCEB 10/23/07-1 CODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Ave. Longwood, FL 32750 October 23, 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: Tracy Ozim, Interim 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 Amy Goodblatt, Board Attorney 1. CALL MEETING TO ORDER/ROLL CALL: Chair Lomax called the meeting to order at 7pm. The Recording Secretary called the roll. 2. APPROVAL OF THE MINUTES: The minutes from the August 28th, 2007 meeting were presented. Member Tolos moved to accept the minutes of the August meeting, seconded by Member Dolan. Minutes carried by a unanimous roll call vote. 3. REPORT CASE UPDATES: 4. PUBLIC HEARING: Code Enforcement Bo?ard Interim Atty. Ozim conducted the swearing in of witnesses and Chair Lomax announced the case names to see which were present. A. CEB 04-02-354 Township Plaza Assoc. LTD 950-988, 1002-1014 & 1018 W. SR 434 Longwood, FL 32750 CEB 10/23/07-2 As per Lt. Cohen, this case has been continued until November per Respondents request. C. CEB 07-03-622 Township Plaza Assoc. LTD. 950-988, 1002-1014 & 1018 W. SR 434 Longwood, FL 32750 As per Lt. Cohen, this case has been continued until November per Respondents request. D. CEB 07-10-674 KELSON, Michelle and CAMPBELL, Mark 102 Temple Drive Longwood, FL 32750 As per Lt. Cohen, this case has been continued until November per Respondents request. H. CEB 07-10-678 MATALLANA,Clara and MACIAS, Jose 1407 Parrot Way Longwood, FL 32750 As per Lt. Cohen, this case has been withdrawn as property is in compliance. I. CEB 07-10-679 TOMMASELLO, Stanley and Sandra 885 Pasadena Avenue Longwood, FL 32750 As per Lt. Cohen, this case has been withdrawn as property is in compliance. L. CEB 07-10-682 WOOD, John /Carver, Danny 1389 Landry Circle Longwood, FL 32750 As per Lt. Cohen, this case has been withdrawn as property is in compliance. B. CEB 04-11-423 STERLING, Jamie and Audrey /Crown Sterling Motors 400 E. SR 434 Longwood, FL 32750 Code Officer Price gave a brief history of this property and how this was brought back as a Repeat Violation of LDC Art. X, Site Plan Required. The Respondents were found guilty in November of 2004 of the same violation. In August, Mayor Maingot and Paul Sizemore met with the Sterlings in reference to the process of getting an approved Site Plan. In September the property was not in compliance and was operating a multi-vehicle operation complete with signage and banners. On September 17, 2007, Paul Sizemore sent a letter to the Sterlings explaining that they were allowed only 5 vehicles on display for sale, giving them a week to have the vehicles reduced to 5. Re-inspection was done on 09/29/07, there were still more than 5 vehicles on display and more in the back. On 10/06/07 Notice of Violation was issued with no compliance date per FSS162. Upon re-inspection today , 10/23/07 , there were 5 vehicles displayed in front and 23 vehicles in back. The City has worked with the Sterlings Sterlings to allow them to display 5 vehicles, they were told that if they displayed more than 5 CEB 10/23/07-3 vehicles they would be required to submit a Site Plan, requiring improved parking area and retention area, etc. After the Final Orders were issued in November 2004, the Sterlings went to Planning and discussed the requirements for the Site Plan and spoke with Lt. Cohen, but nothing more happened. After receiving the Notice of Repeat Violation a Site Plan was then submitted to Planning. The City is asking that the Respondents be found guilty of violating the Final Orders and requesting that a fine of $500.00 per day be imposed for each day that they have operated in violation of the Final Orders. Furthermore, they are to immediately reduce the number of vehicles for sale on the property to 5 until such time that an approved Site Plan , with all necessary improvements completed, including all inspections finalized, so they can legally have more than 5 vehicles. The City is also asking that an Administrative Cost of $400.00 be assessed and to be paid with 5 days of receipt of the Final Orders. Notice of Hearing was served on Richard Rudnick, sales manager, on 10/10/07 at 4:58pm by Officer Caylor of the Longwood Police Dept. Code Officer Price answered questions from the Board in regard to the $500.00 per day penalty and how many days the respondents were in violation. Paul Sizemore spoke in regards to this case and explained to the Board that there was a completed Site Plan submitted on 10/09/07 to the Planning Dept. Mr. Sizemore told the Board that the Respondents were about a 1 to 1 ½ months away from having an approved Site Plan then a few more months from then before the process would be complete. Jamie Sterling , property owner, spoke in regard to the violation. Mr. Les Simmonds spoke in support of Mr. Sterling. Member Tolos moved to close the public hearing. Seconded by Member Putz and carried by a unanimous voice vote. Member Vanatta moved based on the evidence seen and testimony heard to find the Respondents guilty of a repeat violation of LDC, Art X. Site Plan. In support of this motion the following facts occurred, Final Order issued on 11/23/2004, on 10/6/07 a Notice of Violation issued for repeat violation, no compliance date given per FSS162, Notice of Hearing served on 10/10/07. Member Vanatta further moved to give the respondents 0 days from receipt of Final Orders to bring the property into compliance or a penalty of $500.00 per day will be imposed for each and every day of non-compliance. There were 6 days of documented non compliance, which equals $3000.00 and also an Administrative Cost of $400.00 will be assessed and must be paid within 5 days of receipt of Final Orders. Seconded by Member Kirk and carried by a unanimous roll call vote. G. CEB 07-10-677 MESSEROFF, Michael and Gladys /Metro Supply 710 Industry Road Longwood, FL 32750 Code Officer Howington spoke in reference to this property and how she visited the property on 08/14/07 and observed 2 piles of sand that were uncovered and also noticed that the landscaping had not been maintained. Notice Violation was issued on 08/14/07 citing LDC , Art.3.5.3(d), Landscape Maintenance, also cited CC, Chap. 18, 18-221(g) and CC, Chap. 18, CEB 10/23/07-4 18-221(e), outdoor storage of loose materials and outdoor storage in parking areas. The respondent was given 30 days to comply. On 09/27/07 a re-inspection was done and compliance had not been met. A Notice of Non-Compliance was issued on 09/27/07 to comply by 10/01/07. Re-inspection was on done 10/01/07 and compliance still had not been met. On 10/08/07 a voice mail was received from the property owner, who stated the items would be taken care of in the near future and that he had hired a landscaper who was a week behind schedule due to rain. Notice of Hearing was served on Christopher Mirra (manager) on 10/09/07 at 9:10am by Officer Caroen of the Longwood Police Dept. Code Officer Howington went by on 10/10/07 and there was still no change. A voluntary compliance letter was sent out on 10/10/07 from Lt. Cohen. Upon re-inspection on 10/17/07 the 2 piles of sand were still there but the landscaping issue had been brought into compliance. On 10/18/07 received a call from the property owner that the landscaper had put down sod and had put in plants. The property owner had also stated that he had ordered tarps to cover the sand piles and until they came in he was going to cover the piles of sand with heavy plastic. A site inspection was done 10/23/07, the landscaping had been brought into compliance, the sand at the rear of the property does have a heavy piece of plastic covering it, but the pile of sand in the middle of the parking lot is still there. The City is asking that the respondents be found guilty of the above mentioned violations. The landscaping issue has been resolved and the only violation is the pile of sand. The City is asking that the respondents be given 5 days from receipt of Final Orders to bring the property into compliance or a penalty of $250.00 per day be imposed for each and every day of non compliance, and also ask that an Administrative cost of $100.00 be assessed and be paid within 30 days of receipt of Final Orders. Code Officer Howington answered questions from the Board. Respondents were not present at meeting. Member Tolos moved to close the public hearing. Seconded by Member Dolan and carried by a unanimous voice vote. Member Tolos moved based on the evidence seen and testimony heard to find the respondents guilty of violating LDC, Art. III, 3.5.3(d) and CC, Chap. 18, 18-221(g) and CC, Chap. 18, 18-221(e). In support of this motion find these facts occurred, Notice of Violation was issued on 08/14/07 to comply by 09/14/07, Notice of Non-Compliance issued on 09/27/07 to comply by 10/01/07, upon re-inspection on 10/01/07 the property was not in compliance, Notice of Hearing was served on Christopher Mirra, on 10/09/07 at 9:10am by Officer Caroen of the Longwood Police Dept. On 10/23/07 the property was re-inspected and the property had been landscaped , one pile of sand had been covered but the pile in the parking spaces was uncovered. Member Tolos moved to give the respondents 5 days from receipt of Final Orders to bring the property into compliance or a penalty of $250.00 per day would be imposed for each and every day of non compliance, also an Administrative Cost of $100.00 be assessed and paid within 30 days of receipt of Final Orders. Vice-Chair Kirk seconded the motion and carried by a unanimous roll call vote. M. CEB 07-10-683 LUTCHMIDAT, Devika 141-143 N Wayman Street Longwood, FL 32750 CEB 10/23/07-5 Code Officer Price spoke in reference to this case. A Notice of Violation was issued on 09/04/07 for LDC, Art X, 10.1.0 and returned unclaimed on 09/28/07, Notice of Hearing was mailed on 10/08/07 and unclaimed as of 10/10/07. The property and City Hall were posted by Code Officer Price on 10/12/07 and Notice of Hearing was sent first class mail. The City is requesting that the property owner be found in violation of having work done without a permit, LDC, Art. X, 10.1.0. and be given 5 days from receipt of Final Orders to obtain a permit and pass all inspections or remove the structure, or a $100.00 per day penalty for each violation be imposed for each and every day of non compliance and in addition a $100.00 Administrative Cost be assessed and must be paid within 30 days of receipt of Final Orders. Devika Lutchmidat , property owner, spoke in reference to this case and answered questions from the Board. Member Tolos moved to close the public hearing, Seconded by Member Brown and carried by by a unanimous voice vote. Vice-Chair Kirk moved based on the evidence seen and testimony heard to find the respondent guilty of violation LDC, Art. X, 10.1.0, No permit. In support of the motion find these facts occurred upon which this violation is based. A laundry room addition and partial fence were erected without a permit and a Notice of Violation was issued on 09/04/07 to comply by 09/11/07, upon re-inspection on 09/28/07 the property was not in compliance and a Notice of Non-Compliance was issued to comply by 10/02/07, upon further inspection on 10/23/07 the property was not in compliance. Vice-Chair Kirk moved to give the respondent 30 days from receipt of Final Orders to bring the property into compliance or a penalty of $100.00 be imposed for each and every day of non compliance and a $100.00 Administrative Cost be assessed and must be paid within 30 days of receipt of Final Orders. Seconded by Member Vanatta and carried by a unanimous roll call vote. N. CEB 07-10-684 O’DONNELL, Brian & LIOTTI, Kelly 537 E. Wildmere Avenue Longwood, FL 32750 Code Officer Price spoke in reference to this case where there are 2 violations, one for high grass/weeds and pool not maintained. Notice of Violation was issued for the pool on 08/30/07 under LDC, Art. V, 5.3.1, the house at the time was vacant and was left in terrible distress. The original copy of the Notice of Violation was posted on the property since the neighbor had said that Ms. Liotti stopped by the property once in awhile and a copy was sent certified mail to Brian O’Donnell on 08/30/07 and signed for on 09/06/07. Notice of Non-compliance was issued on 09/10/07 to comply by 09/14/07. The property was re-inspected on 09/17/07 and the pool was still not maintained. Service of the Notice of Hearing was attempted on 10/12/07 and was unsuccessful because the property was vacant. The Notice of Hearing was then mailed out first class and City Hall and the property were then posted on 10/12/07 by Code Officer Price. The City did get proof of service for the Notice of Hearing for Brian O’Donnell which had been forwarded to Scarborough, ME. The City is requesting that the property owner be found in violation of LDC, Art. V, 5.3.1, criteria for pool maintenance, and the pool is to be cleaned and maintained within 5 days of receipt of Final Orders or a penalty of $200.00 per day be imposed for each and every day of non-compliance. The City CEB 10/23/07-6 is also asking that a $100.00 Administrative Cost be assessed and paid within 30 days of receipt of Final Orders. Code Officer Price answered questions from the Board. Respondents were not present at meeting. Member Tolos motioned to close the public hearing. Seconded by Vice-Chair Kirk and carried by a unanimous voice vote. Vice-Chair Kirk moved based on the evidence seen and testimony heard to find the respondents guilty of violating LDC, Art V, 5.3.1, Swimming Pools. In support of this motion find these facts occurred, pool water was black and not being properly maintained and the gate was left open, a Notice of Violation was issued on 08/30/07 and signed for on 09/06/07, re-inspection on 09/17/07 the property was still not in compliance. Vice-Chair Kirk moved to give the respondents 10 days from receipt 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-compliance and an Administrative Cost of $100.00 be assessed and must be paid within 30 days of receipt of Final Orders. Seconded by Member Tolos and carried by a unanimous roll call vote. Code Officer Price stated that the case about the High grass/weeds. Notice of Violation was issued on 08/30/07 for CC, Chap. 38, 38-141, the Notice of Violation was sent certified mail to Brian O’Donnell, and copy was posted at the property. Notice of Non-Compliance was issued on 09/17/07 to comply by 09/21/07. Upon re-inspection on 09/29/07 the property was not in compliance and the case was prepared for the Code Board. The City is requesting that the property owners be found guilty of CC, Chap. 38, 38-141, and be given 5 days from receipt of Final Orders to bring the property into compliance. The property is to be mowed and maintained or a penalty of $200.00 per day be imposed for each and every day of non-compliance. Member Tolos motioned to close the public hearing. Seconded by Member Brown and carried by a unanimous voice vote. Vice-Chair Kirk moved based on the evidence seen and testimony heard to find the respondents guilty of violating, CC, Chap. 38, 38-141, High grass/weeds. In support of the motion find these facts occurred, Notice of Violation was issued on 08/30/07 to comply by 09/06/07, Notice of Non-compliance was issued on 09/17/07 to comply by 09/21/07, and upon further re-inspection on 09/29/07 the property was still not in compliance. Further move to give the respondents 5 days from receipt 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-compliance, the Administrative Cost was determined in the motion for the pool violation. Seconded by Member Putz and carried by a unanimous roll call vote. O. CEB 07-10-685 RIVERA, Neomi and Francisco 730 Bistline Avenue Longwood, FL 32750 CEB 10/23/07-7 Code Officer Price stated that the property had been cited for Outdoor storage, CC, Chap 18, 18-221 and CC, Chap. 38, 38-121, Trash & Debris. Notice of Violation was issued on 08/16/07 to comply by 08/23/07, re-inspection was done on 08/30/07 and the property was not in compliance. Notice of Non-Compliance issued on 09/19/07 to comply by 09/23/07. Re-inspection was done on 10/03/07 and the property was not in compliance. Notice of Hearing was served on Francisco Rivera on 10/08/07 at 9:01pm by Officer Hernandez of the Longwood Police Dept. Property was re-inspected on 10/23/07 and the property was still not in compliance. The City is asking that the property owners be found in violation and be given 5 days from receipt of Final Orders to remove all trash and debris and the outdoor storage of the appliance or a penalty of $25.00 per day, per violation, be imposed for each and every day of non-compliance and a $50.00 Administrative Cost be assessed and must be paid within 30 days from receipt of Final Orders. Francisco Rivera, property owner, spoke about the violations. Vice-Chair Kirk motioned to close the public hearing. Seconded by Member Dolan and carried by a unanimous voice vote. Member Putz moved based on the evidence seen and testimony heard move to find the respondent guilty of violating, CC, Chap. 38, 38-121 Trash and Debris and CC, Chap, 38, 38-221 Outdoor storage. In support of the motion find these facts occurred, Notice of Violation issued on 08/16/07 to comply by 08/23/07, upon re-inspection on 09/19/07 , property was not in compliance and a Notice of Non-Compliance was issued to comply by 09/23/07, a Notice of Hearing was served on 10/08/07 and as of 10/23/07 property is still not in compliance. Further move to give the respondent 5 days from receipt of Final Orders to bring the property into compliance or a penalty of $25.00 per day, per violation, be imposed for each and every day of non-compliance and a $ 50.00 Administrative Cost be assessed and must be paid within 30 days from from receipt of Final Orders. Seconded by Member Brown and carried by a unanimous roll call vote. 5. UNFINISHED BUSINESS: 6. NEW BUSINESS: Mr. John Brooks was recognized by Chair Lomax and was given the opportunity to speak. Mr. Brooks asked the Code Board why the City had selective code enforcement. Chair Lomax addressed Mr. Brooks and told him that he needed to address the City Commission and that the Code Enforcement Board has no control over this issue and this was something that the Board could not address. Mr. Brooks told the Board that there was” a severely gross failing” in the enforcement of the code. Chair Lomax again reiterated that Mr. Brooks needed to take this issue before the City Commission and there was nothing the Board could do to help him. Mr. Brooks stated that he wanted to be on the record of addressing the Board with the issue and to make them aware of what he felt was an issue with Code Enforcement. 7. OLD BUSINESS: 8. ADJOURNMENT: Chairman Lomax adjourned the meeting at 8:35 pm. ____ _________________________ CEB 10/23/07-8 Bob Lomax, Chair ____________________________________________ Kim Harris, Recording Secretary