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CEB_03-25-08_MinCEB 03-25-08-1 CODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Ave. Longwood, FL 32750 March 25, 2008 7:00 P.M. Present: Bob Lomax, Chairman Judy Putz, Member Ernie Tolos, Member Greg Vanatta, Member Tim Dolan, Member Gail Brown, Member Also Present: Amy Goodblatt, Board Attorney Heather Macre, Interim City Attorney Russ Cohen, Lieutenant Bonnie Howington, Code Enforcement Officer Robyn Winters, Code Enforcement Officer Michelle Longo, Recording Secretary Collina Gast, Recording Secretary Absent: Joe Durso, Member 1. CALL MEETING TO ORDER/ROLL CALL: Chair Lomax called the meeting to order at 6:56pm. The Recording Secretary called the roll. 2. APPROVAL OF THE MINUTES: The minutes from the January 22, 2008 meeting were presented. Member Tolos moved to accept the minutes of the November meeting, seconded by Member Putz. Minutes carried by a unanimous roll call vote with Member Durso absent. 3. NEW BUSINESS: A. Courtney Milam and Stephanie Knott, attorneys for Hong Mai Vu (case #05-03-447 Repeat), ?Repeat), came before the board a second time asking for a reduction in fines for the property located at 900 Wildmere Avenue, Longwood, FL 32750 which totaled $42,100.00. This is the third time before the board to discuss the penalty fee on this case. The Board previously voted to reduce the fine to $15,000.00 with other conditions, as that was the amount the Respondent’s attorneys represented would be acceptable to their client and would be paid. Subsequent to that representation, the Board was advised that Hong Mai Vu, did not accept that sum and that the representation was a misunderstanding between the Respondent and the lawyers for the Respondent. Ms. Milam gave brief history of the case. CEB 03-25-08-2 Ms. Milam advised the board that there is $10,000.00 being held in escrow for the demolition of the structure on the property and Hong Mai Vu is working on a refinance that should be completed by May 31, 2008. At the completion of the loan a fence will be installed after the demolition with signage for “No Trespassing”. Board asked questions of the Attorneys. Ms. Knott asked that the fine be reduced to $200.00 and advised the board her client had only allowed her to negotiate up to a maximum of $2,000.00. Discussion took place and Member Putz moved to deny the reduction and the fine reverts back to the original $42,100.00 and that the property needs to remain in compliance. Seconded by Member Tolos and carried by a unanimous voice vote with Member Durso absent. 4. PUBLIC HEARINGS: Code Enforcement Board Atty. Goodblatt conducted the swearing in of witnesses and Chair Lomax announced the case docket to see who was present. B. CEB 05-02-435 DEAROLF, William & Judith /Dearolf, Terry Repeat 953 Lormann Circle Longwood, FL 32750 Code Officer Bonnie Howington spoke in regards to this case. On 01/24/08 a Notice of Violation was issued for a RV that was not properly stored, CC. Chap. 86, 86-83, Boats/Trailers & RV parking with no compliance date according to FS 162. In February of 2005, William & Judith Dearolf were brought before the Board and found guilty of violating CC, Chap. 22, 22-33, Boats, RV’s, Campers or Trailers. Upon re-inspection on 01/25/08 the property was not in compliance. Upon further re-inspection on 02/01/08 the property was in compliance and has been since. Notice of Hearing was served on William Dearolf on 03/04/08 at 3:26pm by Officer Grimm of the Longwood Police Dept. A Notice of Hearing was mailed Certified to property owners on 03/04/08 and signed for by Bill Dearolf on 03/05/08. The City is asking that the respondents be found guilty of violating CC, Chap. 86, 86-83, Boats, Trailers and RV’s and that a penalty of $500.00 per day for two days be imposed and $100.00 administrative fee be assessed with both to be paid within 30 days of receipt of Final Orders. Board asked questions of Code Officer Howington. Mr. Dearolf Jr. the respondent (tenant) spoke in regards to this case and answered questions from the Board. Mrs. Dearolf mother of the respondent spoke in regard to this case. Member Tolos moved to close the public hearing. Seconded by Member Brown and carried by a unanimous voice vote with Member Durso absent. Case dismissed due to lack of motion. CEB 03-25-08-3 G. CEB 08-03-706 MOORE, Janet Heirs & TACKETT, James 836 E. Logan Drive Longwood, FL 32750 Code Officer Bonnie Howington spoke in regards to this case. On 02/27/08 a Notice of Violation was issued for CC, Chap. 38, 38 -141 High Grass & Weeds and to comply by 03/02/08. Upon re-inspection on 03/07/08, the property was not in compliance and a Notice of Non-Compliance was not issued since the property has been cited 10 different times in the past for the same violation. Each time it was brought into compliance before it was time to go before the board. Per FS 162 a notice of Non-Compliance does not have to be issued. Instead Officer Howington decided to bring the case before the board to be heard. Upon further re-inspection on 03/25/08 the property is now in compliance. If the respondents are found guilty tonight and should they be brought before the board again they will be brought as repeat violators. The Notice of Hearing was served on James Tackett on 03/10/08 at 7:12 pm by Officer Gelm of the Longwood Police Dept. The City is asking that the Board find the respondent guilty of violating CC, Chap. 38, 38-141 High Grass & Weeds and ask that a penalty of $250.00 be imposed per day until they comply, which they have already done and an Administrative Cost of $100.00 be assessed and be paid within 30 days of receipt of Final Orders. Board asked questions of Code Officer Howington. Mr. Tackett the respondent spoke in regard to this case and answered questions from the Board. Member Putz moved to close the public hearing. Seconded by Member Vanatta and carried by a unanimous voice vote with Member Durso absent. Member Vanatta moved based on evidence seen and testimony heard to find the Respondent guilty of CC, Chap 38, 38-141 High Grass & Weeds. Member Vanatta moved that the respondent be found guilty and no Administrative Cost be assessed. Seconded by Member Putz and carried by a 4 to 2 roll call vote with Member Durso absent. D. CEB 08-01-701 BRIDLE, Michelle Continued from 148 13th Avenue January Longwood, FL 32750 Code Officer Bonnie Howington spoke in regards to this case. On 11/16/07 a Notice of Violation was issued for FBC SEC. 105.1.1 Building Permit to comply by 11/23/07. On 12/13/07 a Notice of Violation was issued for LDC, ART. X, SEC. 10.1.0 Building Permit to comply by 12/20/07; this was to replace the one issued on 11/16/07. On February 11th an application was submitted to the building department to remove and replace the driveway. The application was reviewed and had been approved and ready for pick up. To date it has not yet been picked up. The Notice of Hearing was served on Michelle Bridle on 03/05/08 at 8:17 pm by Officer Miller of the Longwood Police Dept. The City is asking that the Board find the respondent guilty of violating LDC, ART. X, SEC. 10.1.0 Building Permit and be given 2 days from the receipt of the final orders to pick up the permit or a penalty of $250.00 per day be imposed per day until they comply. Also asking for an Administrative Cost of $100.00 be assessed and be paid within 30 days of receipt of Final Orders. CEB 03-25-08-4 Board asked questions of Code Officer Howington. Paul Sizemore, Director of Community Services spoke in regards to this case and answered questions from the board. A $200 penalty charge is in place with the City since the work was done prior to obtaining a permit. The Building Department has already received $35 that was paid at the time the application was dropped off. Ms. Bridle, the respondent, spoke in regards to this case and had distributed copies of documents to the Board and City. She answered questions from the Board. Member Tolos moved to close the public hearing. Seconded by Member Dolan and carried by a unanimous voice vote with Member Durso absent. Member Tolos moved based on evidence seen and testimony heard to find the Respondent guilty of violating LDC, ART. X, SEC. 10-1-0 Building Permit. Member Tolos moved that a penalty of $100.00 per day be imposed until the property is in compliance and an Administrative Cost of $50.00 be assessed and both to be paid within 30 days of receipt of Final Orders. In order to come into compliance, the permit has to be picked up and paid for, within 30 days. Seconded by Member Putz and carried by a unanimous roll call vote with Member Durso absent. E. CEB 04-08-397 BAEZ, Rene and Juanita Repeat 434 Longwood Circle Longwood, FL 32750 Code Officer Robyn Winters spoke in regards to this case. Notice of Violation was issued on 03/06/08 for CC, Chap. 38, 38-141 High Grass & Weeds with no compliance date per FS 162 since this was a repeat violation. Mr. Baez has previously been brought before the Board for violating the same code. In August of 2004, Mr. Baez was brought before the board and found guilty of violating CC, Chap. 38, 38-141 High Grass & Weeds. Upon re-inspections on 03/07/08, 03/08/08 the property was again not in compliance. Upon further re-inspection on 03/10/08 the grass was cut and the property was in compliance. The Notice of Hearing was sent certified mail to the property owners on 03/12/08 however it has not yet been picked up and no no signed receipt has yet been received. On 03/14/08 a Notice of Hearing was posted at the property and also at city hall. An affidavit was introduced evidencing that the property was posted and that first class mail had been sent to the Respondents which was unreturned. The City is asking that the board find the respondent guilty of violating CC, Chap. 38, 38-141 High Grass & Weeds as repeat violators and ask that a fine of $1000.00 be imposed for the 3 days of non-compliance. The City is also asking that an Administrative Cost of $300.00 be assessed and must be paid within 30 days of receipt of Final Orders. It is also noted that currently this property has an unpaid fine of $14,350.00 that has been recorded for previous violations. Board asked questions of Code Officer Winters. The respondents, Mr. & Mrs. Baez were not present to testify. Member Putz moved to close the public hearing. Seconded by Member Brown and carried by a unanimous voice vote with Member Durso absent. CEB 03-25-08-5 Member Vanatta moved based on the evidence seen and testimony heard to find the respondents guilty of violating CC, Chap. 38, 38-141 High Grass & Weeds. Member Vanatta moved to give the respondents 5 days from receipt of Final Orders to pay a penalty of $333.33 per day for the 3 days of non-compliance for a total fine of $1000.00. An Administrative Cost of $300.00 to also be assessed and paid within 30 days of receipt of Final Orders. Seconded by Member Tolos and carried by a unanimous roll call vote with Member Durso absent. C. CEB 06-01-513 MCNEELY, William Repeat 532 Winding Oak Lane Longwood, FL 32750 Code Officer Bonnie Howington spoke in regards to this case. Notice of Violation was issued on 03/08/08 for CC, Chap. 38, 38-141 High Grass & Weeds with no compliance date per FS 162 since this was a repeat violation. Mr. McNeely has been brought before the Board for violating the same code. In January of 2006, Mr. McNeely was brought before the board and found guilty of violating CC, Chap. 12, 12-2(1) Grass & Weeds. Upon re-inspection on 03/10/08 the grass was not cut and property was still not in compliance. The Notice of Hearing was served on Katie Foster, an adult, on behalf of Mr. McNeely, on 03/10/08 at 5:25 pm by Officer Arciola of the Longwood Police Dept. A second re-inspection on 03/12/08 shows the property basically in compliance but needs to be cleaned up. The City is asking that the board find the respondent guilty of violating CC, Chap. 38, 38-141 High Grass & Weeds as repeat violators and ask that a penalty of $1000.00 be imposed for the 3 days of no-compliance. The City is also asking that an Administrative Cost of $200.00 be assessed and both be paid within 30 days of receipt of Final Orders. The respondent, Mr. McNeely was not present to testify. Member Brown moved to close the public hearing. Seconded by Member Dolan and carried by a unanimous voice vote with Member Durso absent. Member Tolos moved based on the evidence seen and testimony heard to find the respondents guilty of violating CC, Chap. 38, 38-141 High Grass & Weeds. Member Tolos moved to give the respondents 30 days from receipt of Final Orders to bring the property into compliance or a fine of $333.33 for the 3 days of non-compliance for a total fine of $1000.00. If they mow they will not owe the $1000.00. An Administrative Cost of $200.00 to also be assessed and paid within 30 days of receipt of Final Orders. Seconded by Member Vanatta and carried by a 5 to 1 roll call vote with Member Durso absent. E. CEB 08-02-704 KNUTH, Warren and Carol 524 Southport Drive Longwood, FL 32750 Code Officer Bonnie Howington spoke in regards to this case. Notice of Violation was issued on 01/18/08 for CC, Chap. 18, 18-221 Outdoor Storage and compliance was to be met by 01/25/08. This is the 4th Notice of Violation that has been issued for Outdoor Storage and the property has been cited a total of 9 times previously for various code violations. Upon re-inspection on 01/26/08 the property was again not in compliance and a Notice of Non-Compliance was issued to comply by 01/30/08. Upon further re-inspection on 02/01/08 and 02/26/08 everything was removed except a few pieces of wood. A final re-inspection on CEB 03-25-08-6 03/25/08 shows the property basically in compliance with only one piece of wood behind car tire. The Notice of Hearing was served on Shannon Knuth, 22 year old daughter of respondent on 03/04/08 at 2:30 pm by Officer Grimm of the Longwood Police Dept. The City is asking that the board find the respondent guilty of violating CC, Chap. 18, 18-221 Outdoor Storage and ask that the property be in full compliance within 3 days or a fine of $250.00 per day for each day of non-compliance be imposed. The City is also asking that an Administrative Cost of $100.00 be assessed and both be paid within 30 days of receipt of Final Orders. The respondents, Mr. & Mrs. Knuth were not present to testify. Member Tolos moved to close the public hearing. Seconded by Member Vanantta and carried by a unanimous voice vote with Member Durso absent. Member Vanatta moved based on the evidence seen and testimony heard to find the respondents guilty of violating CC, Chap. 18, 18-221 Outdoor Storage. Member Vanatta moved to give the respondents 3 days from receipt of Final Orders to bring the property into compliance or a penalty of $250.00 per day will be imposed for each day of non-compliance. An Administrative Cost of $100.00 to also be assessed and paid within 30 days of receipt of Final Orders. Seconded by Member Putz and carried by a unanimous roll call vote with Member Durso absent. F. CEB 08-03-705 SHAW, Ainsworth and Ivy 717 Longdale Avenue Longwood, FL 32750 This case was withdrawn by the city as complied. 5. UNFINISHED BUSINESS: 6. OLD BUSINESS: 7. NEW BUSINESS: B. The August 2008 CEB meeting date change to 08/19/08 was approved unanimously with Member Durso absent. C. Chief Jackson spoke to the Board and asked them to consider the option of finding respondents guilty with no fines. This will give the case a clear sense of closure. 8. ADJOURNMENT: Chairman Lomax adjourned the meeting at 9:06 PM _____________________________ Bob Lomax, Chair ____________________________________________ Michelle Longo, Recording Secre