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CEB_11-27-07_MinCEB 11-27-07-1 CODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Ave. Longwood, FL 32750 November 27, 2007 7:00 P.M. Present: Bob Lomax, Chairman Kelly Kirk, Vice-Chairman 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: Collina Gast, Recording Secretary Gail Brown, Member 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 October 23, 2007 meeting were presented. Member Tolos moved to accept the minutes of the October meeting, seconded by Member Vanatta. Minutes carried by a unanimous roll call vote with Member Brown absent. 3. REPORT CASE UPDATES: 4. PUBLIC HEARING: Code Enforcement Board Atty. Goodblatt conducted the swearing? in of witnesses and Chair Lomax announced the case names to see which were present. E. CEB 07-11-687 Schrimsher Shopping Centers 1155 W. SR. 434 #123 Longwood, FL 32750 As per Lt. Cohen, this case has been withdrawn as property is in compliance. CEB 11-27-07-2 F. CEB 07-11-688 DONOHUE, John Jr. 575 Devonshire Blvd. Longwood, FL 32750 As per Lt. Cohen, this case has been withdrawn as property is in compliance. H. CEB 07-11-690 EAST COAST CHOPPERS ORLANDO, INC. 217 E. Warren Avenue Longwood, FL 32750 As per Lt. Cohen, this case has been withdrawn as property is in compliance. I. CEB 07-11-691 BENEFICIAL FLA. INC. 668 Georgia Avenue Longwood, FL 32750 As per Lt. Cohen, this case has been withdrawn as property is in compliance. C. CEB 07-10-674 KELSON, Michelle and CAMPBELL, Mark 102 Temple Drive Longwood, FL 32750 Code Officer Price spoke in reference to this case. Notice of Violation issued for CC, Chap.86, 86-82 Commercial Vehicle parking, on 09/06/07 to comply by 09/13/07. After re-inspection on 09/13/07 a Notice of Non-compliance was issued to comply by 09/17/07. On 09/17/07 the property was re-inspected the commercial truck was parked in the driveway. Upon further re-inspections on 09/18, 09/20, 10/13, 10/19, this final date being more than 1 month after the compliance date set for the Notice of Non-compliance. Due to the ongoing violations the property was scheduled for the November Code Board meeting having been rescheduled from the October meeting on the request of Mr. Campbell as he had become ill on the day of the October Code Board meeting. The Notice of Hearing was served on Mark Campbell on 10/29/07 at 4:10pm by Officer Borows of the Longwood Police Dept. The property is in compliance as of 11/27/07. At one point this property had been cited and taken to the board for a trailer that had been parked repeatedly in the residential area and the Board chose to take no action. Dates of Notice of Violations issued to the property owners for the trailer were 05/10/04, 10/06/04, 03/11/05, 12/11/05, 05/04/06, 07/31/06, 12/07/06 and 02/19/07, 03/28/07, 04/26/07 and 08/03/07. Due to the poor established record for compliance with the City, the City is asking that the respondents found guilty of CC, Chap. 86, 86-82, Commercial vehicle in addition the City is asking that a $100.00 Administrative Cost be assessed and must be paid within 14 days of service of Final Orders and a $50.00 per day penalty be imposed if property does not stay in compliance and to be paid within 14 days of service of Final Orders. Code Officer Price answered questions from the Board. Mark Campbell, property owner, spoke in reference to this case and answered questions from the Board. CEB 11-27-07-3 Member Tolos moved to close the public hearing. Seconded by Vice-Chair Kirk and carried by unanimous voice vote with Member Brown absent. Member Dolan moved based on the evidence seen and testimony heard to find the Respondent guilty of violating CC, Chap 86, 86-82, Commercial vehicle and in support of this motion find these facts occurred, Notice of Violation was issued on 09/06/07 and Notice of Non-compliance issued on 09/13/07 to comply by 09/17/07. Member Dolan asked that an Administrative cost of $100.00 be assessed and must be paid within 14 days of service of Final Orders. Seconded by Vice-Chair Kirk and carried by unanimous roll call vote with Member Brown absent. D. CEB 07-11-686 MUNOZ, Frankie and Olga 611 E. SR 434 Longwood, FL 32750 Code Officer Price spoke in reference to this property and how this property had been cited in 05/07 for violating LDC, Art. III, 3.2.3D (2) Approved Color Palettes and the business, Stefan’s Auto Sales was given the Notice of Violation with the property owners being copied. Stefan’s were the ones that had painted the building , red, white, blue which were not colors from the approved color palette. Eventually Stefan’s closed and the issue remained unresolved. Consequently a new Notice of Violation was issued for the painting to the property owners, Frankie and Olga Munoz on 10/05/07 and given until 10/12/07 to comply. The property owners were referred to Community Services to choose their colors from the City’s approved palette. Instead, for a period of time the property owners eventually painted the building again, this time, white with yellow trim and the poles out front were painted black. At the same time the property was cited for painting without approval they were also cited for CC, Chap. 38, 38-141, high grass/weeds. The property was not in compliance on 10/12/07 for either violation. A Notice of Non-Compliance was issued to comply by 10/18/07. Upon re-inspection on 10/18/07 the building still was not painted the appropriate colors and the grass had not been mowed. The painter went to Community Services to get approval but was told that the colors were not a close enough match with the City approved palette and had to be changed. The painter said he would have to check with the property owners as he was not authorized to make the new color changes. The Notice of Violation was mailed out on 10/05/07 and returned on 10/16/07 because addressee unknown. The Notice of Hearing was sent certified mail to the property owners on 11/05/07 to a Puerto Rico address and was delivered on 11/09/07. As of 11/27/07 the painting issue has yet to be resolved and Officer Howington took pictures on 11/20/07 and the pictures show the grass had been mowed. The City is requesting that the respondents are found to be in violation of LDC, Art. III, 3.2.3D(2), approved City palette colors and CC, Chap 38, 38-141, high grass/weeds and be given 14 days from service of Final Orders to complete the painting or a penalty of $100.00 per day will be imposed for each and every day of of non-compliance and an Administrative cost of $100.00 be assessed and be paid within 14 days from receipt of Final Orders. Code Officer Price answered questions from the Board. Respondents were not present. Member Tolos moved to close the public hearing. Seconded by Member Vanatta and carried by unanimous voice vote with Member Brown absent. CEB 11-27-07-4 Vice-Chair Kirk moved based on the evidence seen and testimony heard move to find the respondents guilty of violation LDC, Art. III, 3.2.3D(2), approved color palette and CC, Chap. 38, 38-141, high grass/weeds. In support of this motion find these facts occurred , Notice of Violation for color palette issued on 05/07/07 to comply by 05/14/07, upon reinspection on 06/29/07 property was not in compliance and a Notice of Non-Compliance was issued to comply by 07/03/07, upon re-inspection on 10/05/07 another Notice of Violation was issued for LDC, Art III, 3.2.3D(2) , color palette and CC, Chap. 38, 38-141, high grass/weeds to comply by 10/12/07, upon further re-inspection on 10/12/07 property was not in compliance and a Notice of Non-Compliance was issued to comply by 10/18/07, final inspection on 10/18/07 showed the property not in compliance and the case was scheduled for the Code Board Meeting. The violation for high grass/weeds has been brought into compliance but not before the compliance date and the violation for color palette is still not in compliance. Vice-Chair Kirk moved to give the respondents 14 days from receipt of Final orders to bring the property into compliance by painting the building with an approved color or a penalty of $100.00 per day 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 from receipt of Final Orders. Seconded by Member Putz and carried by unanimous roll call vote with Member Brown absent. A. CEB 04-02-354 TOWNSHIP PLAZA ASSOC. LTD. Repeat 950-988, 1002-1014 & 1018 W. SR 434 Longwood, FL 32750 Code Officer Howington spoke in reference to this case. This is a repeat violation of CC, Chap 38, 38-121 Trash and Debris and CC, Chap. 38, 38-141 High grass/weeds. The respondent was previously found guilty of violating these sections of the City Code in the Final Orders dated 03/24/2004, the violations were corrected but they reappeared again on 08/16/2007. Visited the property originally on 08/16/07 and saw the trash and debris and the high grass/weeds and took pictures. Placed a call to the property owner, Mr. Leitman and left a voice mail informing him of the violations that were at this property. Notice of Violation was issued on 08/20/07 with no compliance date per FS 162. Notice was mailed certified mail to the respondent on 08/21/07 and signed for by Mr. Leitman on 08/25/07. On 08/21/07 Code Officer Howington received a call from Mr. Leitman stating that he was going into the hospital for a couple of days but that he had contracted with someone to clean up around the property. Upon re-inspection on 5 different occasions nothing had changed the property was still not in compliance. On 09/07/07 received a call from a gentleman saying the work had been done and upon re-inspection the property had been brought into compliance. Notice of Hearing was sent certified mail on 09/12/07 and signed for by Mr. Leitman on 09/14/07. On 09/24/07 the day of the Code Board meeting Code Officer Howington received a call from Jennifer Crain, Mr. Leitman’s daughter, stated that due to medical issues her father could not attend the Code Board meeting and requested a continuance until the following month. A Notice of Hearing was sent certified on 10/05/07 and signed for by Mr. Leitman on 10/11/07. On 10/23/07, the day of the Code Board meeting, Code Officer Howington received a call from Barry Revels stated that he had received a call from Mr. Leitman’s daughter stating that due to Mr. Littman’s medical conditions would not be able to attend the Code Board meeting and asked for a continuance. The Notice of Hearing was sent certified mail on 10/25/07 and signed for by Mr. Leitman on 10/30/07. Upon re-inspection of the property 11/27/07 it is still CEB 11-27-07-5 in compliance. The City is asking that the respondent be found guilty of repeat violation of CC, Chap 38, 38-141, high grass/weeds and CC, Chap. 38, 38-121, trash and debris. The City is asking since it is a repeat violation that a penalty of $500.00 per day per violation be imposed for the 17 days of violation and also an Administrative Cost of $150.00 be assessed and both be paid within 30 days of receipt of Final Orders. Barry Revels spoke in reference to this case and answered questions from the Board. Member Tolos moved to close the public hearing. Seconded by Member Putz and carried by a unanimous voice vote with Member Brown absent. Member Vanatta moved based on the evidence seen and testimony heard to find the Respondent guilty of repeat violation of CC, Chap. 38, 38-121 trash & debris. In support of this motion find these facts occurred, previously found guilty of same violations by the Code Board in 02/2004, Notice of Repeat Violation issued 08/20/07, Notice of Hearings have been properly served for prior Code Board meetings but respondent was unable to attend due to health issues. Member Vanatta further moved to impose a $500.00 per day for the 17 days of non-compliance and a $150.00 Administrative Cost be assessed and both to be paid within 30 days of receipt of Final Orders. Seconded by Member Tolos. Motion did not carry 3-3. Chair Lomax tendered another motion. Vice-Chair Kirk moved based on the evidence seen and testimony heard to find the respondent guilty of a repeat violation of CC, Chap 38, 38-121, trash and debris, and CC, Chap. 38, 38-141, high grass/weeds. In support of this motion these facts occurred upon which these violations are based, there was trash and debris and high grass/weeds for 17 days of inspections, Notice of Violations were issued on 08/20/07 with no compliance date per FSS 162 and Notice of Hearing was properly served by certified mail. Vice-Chair Kirk further moved to impose a $100.00 per day penalty for each violation, for the 17 days of non-compliance for a total of $3,400.00 plus a $150.00 Administrative cost be assessed and all must be paid within 30 days of receipt of Final Orders. Seconded by Member Putz and carried by a 5-1 roll call vote with Member Tolos voting nay and Member Brown absent. B. CEB 07-03-622 TOWNSHIP PLAZA ASSOC. LTD Repeat 950-988 W. SR 434 Longwood, FL 32750 Code Officer Howington spoke in regards to this case. This is also a repeat violation of CC, Chap. 86, 86-55, Disposition of Wrecked or Discarded vehicle on private property, and the respondent was found guilty per Final Orders dated 03/27/07. The violation was corrected but reappeared on 08/16/07. Code Officer Howington notified Mr. Leitman of the repeat violation. Upon re-inspection on 08/20/07 the vehicle was still there and a Notice of Repeat Violation was issued with no compliance date per FS 162. Code Officer Howington re-inspected the property on 08/21/07, 08/22/07, 08/28/07 and the vehicle was still there. The repeat violation existed for a total of 9 days and upon further re-inspection on 08/29/07 the vehicle was gone. Mr. Leitman as scheduled for the Board on 09/25/07 but due to health issues was unable to attend and per request from Mr. Leitman's daughter, Jennifer Crain, the case was continued. Case was continued from the 10/23/07 due to health issues with Mr. Leitman. Notice of Hearing was sent certified mail to the respondent on 10/25/07 and signed for by Mr. Leitman CEB 11-27-07-6 on 10/30/07. The City is asking that the Board find the respondent guilty of violating CC, Chap. 86, 86-55, Disposition of Wrecked or Discarded Vehicle, as a repeat violation and asking that a penalty of $500.00 per day be imposed for the 9 days of non-compliance and a $150.00 Administrative Cost be assessed to be paid within 30 days of receipt of Final Orders. Code Officer Howington answered questions from the Board. Barry Revels spoke in regards to this case and answered questions from the Board. Vice-Chair Kirk asked the City what could be done if the vehicle returns to the property. Lt. Cohen answered the Boards questions. Member Tolos moved to close the public hearing. Seconded by Vice-Chair Kirk and carried by a unanimous voice vote. No finding of guilt due to lack of motion. O. CEB 07-11-689 TOMMASELLO, Stanley and Sandra 885 E. Pasadena Avenue Longwood, FL 32750 Code Officer Howington stated that she had stopped by this property to do a re-inspect of the property on 10/01/07 for a violation of high grass/weeds when a neighbor stopped and asked if there was anything that could be done about the pool since it was not clean and was not being maintained. Neighbor also asked if the overhang of the carport attached to the side of house could be taken down because of the fear that if a strong wind came it would come off and cause damage to the neighborhood property. Code Officer Howington took pictures of the carport but was unable to take pictures of the pool since there was a 6’ fence all around the house. Notice of Violation was posted for CC, Chap 18, 18-63 Minimum Property Standards for the carport overhang and cited LDC, Art. V, 5.3.1 Swimming Pools which requires that the pool be maintained in good working order at all times. Compliance was to be met by 10/08/07. Upon re-inspection on 10/08/07 the property was still not in compliance and a Notice of Non-Compliance was issued to comply by 10/12/07. On 10/10/07 Code Officer Howington was down the street on Pasadena when a neighbor stopped her and started to talk to her about the pool and the high grass/weeds in the back yard at this property. Code Officer Howington stated that she had already cited the property for the grass and that she was unable to see the back yard and pool. The neighbor stated that the pool and the high grass could be seen from his backyard and he invited Code Officer Howington onto his property to see in the backyard. Upon re-inspection on 10/15/07 I was unable to see the back yard and pool, but the overhang had not been taken care of. On 11/09/07 contact was made again with the neighbor and Code Officer Howington was allowed to go into his back yard to see the grass had been mowed but the pool was not in compliance. Notice of Hearing was attempted to be served on 11/11/07 by the Longwood Police Dept., but the house appeared to be vacant. Notice of Hearing was sent certified mail on 11/13/07 to the address shown on the Property Appraiser’s website and was signed for by S. Tommasello on 11/14/07. Re-inspection was done 11/27/07 and the property was not in compliance. The City is asking that the respondents be found guilty of violating these codes and give them 5 days from the service of Final Orders to bring the property into compliance by obtaining a CEB 11-27-07-7 permit to remove the carport overhang and to clean the pool and keep it maintained or a penalty of $200.00 per day per violation, be imposed for each and every day of non-compliance and that a $100.00 Administrative Cost be assessed and be paid within 30 days of service of Final Orders. Member Dolan asked Attorney Goodblatt about the violation for the pool since the pool had not been seen when the violation was written if the word of the neighbor would be evidence enough to cite the pool. Code Officer Howington answered questions from the Board and Attorney Goodblatt in regards to when she first saw the pool. Attorney Goodblatt stated that the City would have to have evidence to cite the pool, whether it is a picture or actually getting a visual of the pool. Chair Lomax asked questions of Attorney Goodblatt if this would affect the overall service. Attorney Goodblatt stated that it would not affect the violation of the overhang, but the question is whether it is required in the Florida Statutes to give initial notification before you find someone in violation. The initial violation for the pool was written on 10/01/07 to comply by 10/08/07 when actually the violation was not seen until then, but the violation had been seen since that time. Attorney Goodblatt stated that the initial notification for the pool was improper, however it was seen after the initial notification was given. In respect to the pool, unless there was a health or safety issue, short compliance could be given, otherwise it would need to be recited. It would be within the rights to say the respondents had been put on notice, but there might a technical violation. To be on the safe side the Board might want to say that the pool issue cannot be found in violation but the issue could be argued also that after 10/08/07 the respondents were put on notice of the violation. Attorney Goodblatt suggested that the Board hear from the respondents before any determination is made. Vice-Chair Kirk asked if the pool could fall under the Minimum Property Standards violation. Attorney Goodblatt stated that Minimum Property Standards has to do with construction. Mr. & Mrs. Tommasello, property owners, spoke in reference to this case. Mr. Tommasello explained to the Board how his property was being foreclosed on and that he was notified by the Mortgage Company that he had to move out. Mr. Tommasello stated that he has not lived in the house since August, 2007 since he was told to move. Mr. Tommasello stated that when he moved out he had the electricity turned off and that is why the pool is not clean. Mr. Tommasello answered questions from the Board and Attorney Goodblatt in regards to the status of the foreclosure. Attorney Macre and Attorney Goodblatt discussed the foreclosure procedure and time frame of having a house foreclosed. Attorney Goodblatt asked if there was any way to bring the pool into compliance without electricity by either draining the pool or covering it. Vice-Chair Kirk stated that if the pool is drained there would be issues with the water coming back up due to heavy rain, plus you would need electricity to drain the pool. Attorney Goodblatt stated that the Board needs a solution since there is a question whether the violation was properly cited; we also have a safety issue that needs to be resolved. One CEB 11-27-07-8 solution would be to look into the ownership of the property between now and the next Code Board meeting but that will not happen until January 2008, since the Board does not typically meet in December and that is a long time if there is something going on that is unsafe. With respect to the overhang, clearly that has to be resolved and at the time the violations started the Tommasello’s owned the property. The question we are not getting is that the Board can put any fine amount you want on this property but that doesn’t mean it is going to come into compliance. The whole idea is to get the property into compliance. Maybe the answer is to enter a fine that accrues rapidly and is recorded rapidly and hope that it catches someones attention at the foreclosure sale and then can be taken care of. Attorney Goodblatt asked Mr. Tommasello if the Board fines him would he have any ability to take the structure down and to do any of these things. Mrs. Tommasello answered questions from Attorney Goodblatt. Mrs. Tommasello asked Attorney Goodblatt if they had someone go in and take down the overhang would that be okay. Attorney Goodblatt said that as long as the Tommasello’s are shown as owners they can do that. Attorney Macre asked questions of the Tommasello’s regarding the hiring of Security Financial to sell their home. Mrs. Tommasello stated that they are the ones they are renting their current residence from and they offered to sell their home before it went to foreclosure. Discussion ensued about Security Financial and the selling of the residence on Pasadena. Attorney Goodblatt made a suggestion to the Board that if a determination is made and there are violations present, issue a quick date to come into compliance and get the fine accruing and mail a copy of the Final Orders to whoever the seller is and also to notify the Mortgage company and make them aware of the fines that are accruing on the property. Member Putz motioned to close the public hearing. Seconded by Member Vanatta and carried by a a unanimous voice vote with Member Brown absent. Vice-Chair Kirk motioned based on the evidence seen and testimony heard move to find the respondents guilty of violation LDC, Art. V. 5.3.1 Swimming Pools and CC, Chap. 18, 18-63 Minimum Property Standards. In support of this motion find these facts occurred upon which these violations are based, Swimming pool is not maintained due to the fact that the electricity is turned off due to the respondents having to move and the carport overhang is in disrepair and felt to be a safety hazard. Notice of Violation was issued on 10/01/07 to comply by 10/08/07, upon re-inspection property was not in compliance, Notice of Non-Compliance issued on 10/08/07 to comply by 10/12/07, upon further re-inspection on 10/15/07 property was still not in compliance. The respondents have stated that their desire is to correct this but are unable to. Vice-Chair Kirk further moved to give the respondents 5 days from service of Final Order to bring the property into compliance or a penalty of $250.00 per day per violation will be imposed for each and every day of non-compliance and an Administrative Cost will not be assessed. Seconded by Member Putz. Member Tolos wanted to discuss the issue of the pool violation, and were they able to make a finding when the violation was issued prior to the pool actually being seen. Attorney Goodblatt stated that Vice-Chair Kirk’s intent was to get the property cleaned up and not to continue it to another Board meeting, 2 months from now and that is why Vice-Chair Kirk put in his motion that it was a safety hazard, and then the notice requirements are far shorter. The Boards intent is not to fine the Tommasello’s but to get the violations taken care of as CEB 11-27-07-9 soon as possible before someone gets hurt. Vice-Chair Kirk stated that if the order went out without the mention of the swimming pool it might get overlooked and never be taken care of. Attorney Goodblatt explained to Member Tolos that the violation or lien goes against the property. The Mortgage Company and the Real Estate agent will be listed on the certificate of service. Member Dolan asked Attorney Goodblatt if this process goes forward and does not get any ones attention is that going to cause a problem and make the lien invalid. Attorney Goodblatt explained the process of placing a lien on a piece of property. After the discussion the motion carried by a unanimous roll call vote with Member Brown absent. 5. UNFINISHED BUSINESS: 6. NEW BUSINESS: Mr. Nicholas Coscia, property owner of 1130 N CR 427 came before the Board asking for a reduction of fines against this property which totaled $24,600.00. Mr. Coscia answered questions from the Board and explained the situation with the property and having it repaired claiming that the property was in the process of being repaired when there was a stop work order issued by the building official and that Mr. Coscia needed to submit plans for the work that was going to be done because the job had gone beyond the scope of work that the permit was issued for. Lt. Cohen asked for a 5 minute recess so Code Officer Howington could go get the documentation of the details of the case. Chair Lomax declared 5 minute recess. Chair Lomax called the meeting back to order. Code Officer Howington spoke in regards to the case. Attorney Goodblatt asked questions of Mr. Coscia and discussed the amount of reduction of fine. Attorney Goodblatt asked the City what they would be willing to reduce the fine to. The City stated $2,500.00 and must be paid within 30 days. Mr. Coscia offered to pay $1,250.00 and would pay the fine tonight as he was leaving out of town and would not be here. Motion carried by unanimous voice vote. 7. OLD BUSINESS: 8. ADJOURNMENT: Chairman Lomax adjourned the meeting at 9:15 pm. CEB 11-27-07-10 _____________________________ Bob Lomax, Chair ____________________________________________ Kim Harris, Recording Secretary