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CEB_01-22-08_MinCEB 01-22-08-1 CODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Ave. Longwood, FL 32750 January 22, 2008 7:00 P.M. Present: Bob Lomax, Chairman Gail Brown, Member Tim Dolan, Member Joe Durso, Member Judy Putz, Member Greg Vanatta, 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 Ernie Tolos, 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 November 27, 2007 meeting were presented. Member Putz moved to accept the minutes of the November meeting, seconded by Member Vanatta. Minutes carried by a unanimous roll call vote with Member Tolos absent. 3. ELECTION OF OFFICERS: Member Putz nominated Chair Lomax for Chairman seconded by Member Brown, carried by una?nimous roll call vote with Member Tolos absent. Member Putz nominated Member Vanatta for Vice-Chair seconded by Member Durso, carried by unanimous roll call vote with Member Tolos absent. Member Dolan arrived at 7:05 pm. 4. NEW BUSINESS: A. Code Enforcement Board Atty. Goodblatt conducted the swearing in of witnesses and Chair Lomax announced the case names to see which were present. CEB 01-22-08-2 Courtney Milam and Stephanie Knott, attorneys for Hong Mai Vu, came before the board asking for a reduction in fines for the property located at 900 Wildmere Avenue, Longwood, FL 32750 which totaled $42,100.00. Ms. Milam gave brief history of the case. Board asked questions of the Attorneys in regards to any discussion with the City or the City attorney about the amount that the respondent would be willing to pay for fines and time allowed for the fines to be paid and the demolition of the property to be completed. Attorney Milam asked that the fine be reduced by $10,500 which is the cost of having the 2 structures demolished on the property or a medium between the $10,500 and the $42,000. Attorney Goodblatt asked questions of Ms. Milam and also of the City as to what the City would take as an amount of reduction. Lt. Cohen asked questions of the Attorneys as to how long it will take to get the structures demolished and to have the property fenced. Attorneys stated that the work could be done done within 30 days. Also a discussion took place about keeping the property maintained once work is done. Lt. Cohen then asked about the amount of fine that Ms. Vu would be willing to pay. Attorney Milam asked for $10,500 or $15,000. Lt. Cohen stated that the City would accept the offer of $15,000. Attorney Goodblatt asked how long it would take to get the fine paid if the Board agreed to the reduction. Member Putz motioned to reduce the fine to $15,000.00 with the following conditions: demo permit must be obtained and buildings demolished, fencing to be installed, and payment in full is to be received within 30 days of receipt of Final Orders. Seconded by Member Durso. Discussion took place and Member Dolan asked that if the conditions are not met does the fine revert back to the original amount. Member Putz amended her motion to include that if the conditions are not met within the time allowed that the fine will revert back to the original amount. Seconded by Member Durso and carried by a unanimous voice vote with Member Tolos absent. Member Vanatta wanted to add another condition to the motion that a signed contract be submitted for the maintenance of the property after demolition is done as evidence that the property will be properly maintained. Member Vanatta motioned to add to the amended motion that the property owner would be required to submit to the City a contract for maintenance of the property after the demolition is done and the fence is put up. Seconded by Member Putz and carried by a unanimous roll call vote with Member Tolos absent. CEB 01-22-08-3 5. REPORT CASE UPDATES: B. CEB 08-01-692 TORRETTI, Robert/Hisel, Ray, Gutter Blasters Inc. 336B E. Palmetto Avenue Longwood, FL 32750 Code Officer Cathy Price spoke in regards to this case. Notice of Violation issued on 12/01/07 to comply by 12/08/07, on 12/12/08 Code Enforcement received 2 complaints concerning the commercial vehicle. Upon re-inspection on 12/13/07 the vehicle was still there and a Notice of Non-Compliance was issued to comply by 12/17/07. Upon further reinspeectio on 12/18/07 the commercial vehicle was still parked at the residence and this case was prepared for the January Code Board meeting. On 01/08/08 a Notice of Hearing was prepared and sent certified mail to the Property Owner Mr. Torretti and signed for on 01/09/08 and a Notice of Hearing was served on Barbara Dupler (girlfriend) on 01/09/08 at 10:15 am by Officer Arciola of the Longwood Police Dept. Upon re-inspection 01/22/08 the commercial vehicle was not at the property. Mr. Torretti, Property Owner, spoke in regards to this case and answered questions from the Board. Member Brown motioned to close the public hearing. Seconded by Member Putz and carried by unanimous voice vote with Member Tolos absent. Member Dolan moved based on the evidence seen and testimony heard to find the Respondent, tenant, Ray Hisel guilty of violating CC, Chap. 86, 86-82 Commercial vehicle. Member Dolan moved to give the respondent 1 day from service of Final Orders to bring the property into compliance or a penalty of $100.00 per day will be imposed for each and every day of non-compliance and an Administrative Cost of $100.00 be assessed and to be paid within 10 days from service of Final Orders. Seconded by Member Brown and carried by a unanimous roll call vote with Member Tolos absent. E. CEB 08-01-697 DELPH, James & Rebecca 812 Raven Avenue Longwood, FL 32750 Code Officer Bonnie Howington spoke in regards to this case. On 12/11/07 a Notice of Violation was issued for a boat that was not properly stored, CC. Chap. 86, 86-83, Boats/Trailers & RV parking and compliance was to be met by 12/18/07. Upon re-inspection on 12/27/07 the property was not in compliance and a Notice of Non-Compliance was issued to comply by 01/02/08. Upon further re-inspection on 01/02/08 the boat was in the back yard but there was no fence up and it could still be seen from the street. Notice of Hearing was served on James Delph on 01/08/08 at 7:26pm by Officer Gelm of the Longwood Police Dept. Mr. Delph did come into the Police Dept. and speak to Lt. Cohen about the issue but due to the number of times this property has been cited for the same violation, total of 15 times, it was decided to bring the case before the Code Enforcement Board so should the respondent be found guilty and the same violation occurred again it could be cited as a repeat violation. A re-inspection was done on the property 01/22/08 and the property was in compliance. The CEB 01-22-08-4 City is asking that the respondents be found guilty of violating CC, Chap. 86, 86-83, Boats, Trailers and RV’s and that an Administrative Cost of $500.00 be assessed. Board asked questions of Code Officer Howington. Mr. Delph spoke in regards to this case and answered questions from the Board. Member Brown motioned to close the public hearing. Seconded by Member Vanatta and carried by a unanimous voice vote with Member Tolos absent. Member Vanatta moved based on the evidence seen and testimony heard to find the respondents guilty of violating CC, Chap. 86, 86-83 Boats/Trailers and RV’s. Member Vanatta moved that an Administrative Cost of $100.00 be assessed and paid within 30 days of receipt of Final Orders. Seconded by Member Putz and carried by a 5-1 roll call vote with Member Dolan voting nay and Member Tolos absent. A. CEB 06-01-517 MILLS, Daniel Repeat 613 Seminole Avenue Longwood, FL 32750 Code Officer Bonnie Howington spoke in regards to this case. On 12/05/07 a Notice of Violation was was issued for CC, Chap. 86, 86-83 Boats/Trailers & RV’s with no compliance date per FS 162 since this was a repeat violation. Mr. Mills has been brought before the Board 3 times prior for violating the same code. In January of 2006, Mr. Mills was brought before the Board and found guilty and in November of 2006 and also July of 2007 as a repeat violator and each time he was found guilty of violating CC, Chap. 86, 86-83, Boats, Trailers & RV’s. Upon re-inspection on 12/10/07, 12/12/07 and 12/13/07 the property was not in compliance. Upon further re-inspection on 12/27/07 the trailer was gone and the property was in compliance and has not been on the property since. The Notice of Hearing was served on Daniel Mills on 01/08/08 at 7:38 pm by Officer Gelm of the Longwood Police Dept. The City is asking that the Board find the respondent guilty of Repeat Violation and ask that a penalty of $500.00 be imposed for the 4 days of non-compliance for a total of $2000.00 and an Administrative Cost of $100.00 be assessed and both to be paid within 30 days of receipt of Final Orders. Board asked questions of Code Officer Howington. Mr. Mills the respondent was not present. Member Brown motioned to close the public hearing. Seconded by Member Vanatta and carried by a unanimous voice vote with Member Tolos absent. Case dismissed due to lack of motion. D. CEB 05-04-450 NELLIS, Randall & Dorothy /Nellis, Nicole Repeat 431 W. Church Avenue Longwood, FL 32750 CEB 01-22-08-5 Code Officer Bonnie Howington spoke in regards to this being a repeat violation and how the respondents had been brought before the Board and found guilty of violating CC, Chap. 22, 22-33. On 11/08/07 Code Officer Howington observed the trailer in the driveway and spoke to the tenant and reminded him that this had been brought to the Board previously and the tenant knew the trailer was not to be on the property unless it was properly stored. On 11/16/07 the trailer was parked in the driveway attached to the truck, the next day 11/17/07 the trailer was there again and a Notice of Repeat Violation was issued citing CC, Chap. 86, 86-83 Boats, Trailers, RV’s with no compliance date per FS 162. Upon re-inspection on 11/20/07 the trailer was still there and also on 11/21/07. Notice of Hearing was served on Dorothy Nellis, property owner, on 01/10/08 at 10:30 am by Officer Miller of the Longwood Police Dept, and also served on Nicole Nellis, tenant, on 01/10/08 at 10:40 am by Officer Cooper of the Longwood Police Dept. The City is asking that the respondents be found guilty of repeat violation of CC, Chap. 86. 86-83 and that a $500.00 day penalty be imposed for the 3 days of non-compliance totaling $1500.00 and an Administrative Cost of $150.00 be assessed and both to be paid within 30 days of receipt of Final Orders. The respondents, Mr. & Mrs. Nellis were not present nor was the tenant, Nicole Nellis. Member Durso motioned to close the public hearing. Seconded by Member Vanatta and carried by a unanimous voice vote with Member Tolos absent. Member Putz moved based on evidence seen and testimony heard to find the Respondents guilty of repeat violation of CC, Chap 86, 86-83 Boats, Trailers, RV’s. Member Putz moved that a penalty of $500.00 per day for the 3 days on non-compliance be imposed for a total of $1500.00 and an Administrative Cost of $150.00 be assessed and both to be paid within 30 days of receipt of Final Orders. Seconded by Member Brown and carried by a unanimous roll call vote with Member Member Tolos absent. F. CEB 08-01-698 HENDERSON, Joseph W. & Jeanne /Henderson, Joseph 127 Margo Lane Longwood, FL 32750 Code Officer Cathy Price spoke in regards to this case. Notice of Violation was issued on 11/28/07 for CC, Chap. 18, 18-63 Minimum Property Standards and CC, Chap. 86, 86-83 Boats, Trailers, RV’s, and to comply by 12/05/07. Upon re-inspection on 12/20/07 the property was not in compliance and a Notice of Non-Compliance was issued to comply by 12/26/07 and sent first class mail to the property owner. Upon further re-inspection on 01/02/08 the property was still not in compliance and this case was prepared for the Code Board meeting. The Notice of Hearing was served on Joseph Henderson, tenant, on 01/09/08 at 8:22 pm by Officer Lopez of the Longwood Police Dept. and a Notice of Hearing was sent certified mail to the property owners, Joseph & Jeanne Henderson on 01/08/08 and delivered on 01/09/08. Upon re-inspection 01/22/08 the property is still not in compliance. The City is asking for the the property to be in compliance within 10 days of receipt of Final Orders or a penalty of $50.00 per day per violation be imposed for each and every day of non-compliance and the City is also asking that an Administrative Cost of $100.00 be assessed and must be paid within 30 days of receipt of Final Orders. The respondents were not present to testify. CEB 01-22-08-6 Member Brown motioned to close the public hearing. Seconded by Member Vanatta and carried by a unanimous voice vote with Member Tolos absent. Member Vanatta moved based on the evidence seen and testimony heard to find the respondents guilty of violating CC, Chap 18, 18-63 Minimum Property Standards and CC, Chap. 86, 86-83 Boats, Trailers, RV’s. Member Vanatta moved to give the respondents 10 days from receipt of Final Orders to bring the property into compliance or a penalty of $50.00 per day per violation 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 Putz and carried by a unanimous roll call vote with Member Tolos absent. C. CEB 08-01-693 GARZON, Maria 1504 Pelican Street Longwood, FL 32750 This case was withdrawn by the City as complied. G. CEB 08-01-702 HUMMEL, Walter & Patricia /Sammons, Chris 630 E. Orange Avenue Longwood, FL 32750 This case was withdrawn withdrawn by the City as complied. 6. UNFINISHED BUSINESS: Lt. Cohen spoke in regards to the retirement of Code Officer Cathy Price after 30 years of working for the City of Longwood. Lt. Cohen announced that Cathy’s last working day will be February 8, 2008. 7. OLD BUSINESS: 8. ADJOURNMENT: Chairman Lomax adjourned the meeting at 8:10 PM _____________________________ Bob Lomax, Chair ____________________________________________ Kim Harris, Recording Secretary