CEB_10-27-09_Min C®®~ ~n~~®~C~e~~r~~ ~~~~r«u~
City Convr~ussu~~n Chambers
175 W. Warren Ave.
Longwood, FL 32750
October 2'7, 2009 7:00 P.M.
Present: Amy Goodblatt, Interim Special Magistrate
Also Present: Yvonne Patterson, Interim City Attorney
Russell Cohen, Code Enforcement Supervisor
Bonnie Howington, Code Enforcement Officer
Robyn Winters, Code Inforcement Officer
Collina Gast, Code Enforcement Recou•ding Secretary
Absent: Michelle Longo, Code Enforcement OfiFicer
1. CALL MEETING TO ORDER/ ROLL CALL:
Interim Special Magistrate Goodblatt called fne meeting to order at'7:OOpm.
2. SPECIAL MAGISTRATES'S EXPLANTION OF PROCEEDINGS:
Interim Special Magistrate explained the pro~;ess of the meeting and made her introductory
remarks.
3. SWE=ARING IN OF ALL WITNESSES:
Interim Special Magistrate Goodblatt swore in all witnesses.
4. APPROVAL OF THE MINUTES FROM THE July 28, 2009 MEETING:
The minutes from the July 28, 2009 meeting were withdrawn from the agenda as the prior
Board was not present and cannot vote on them.
5. REPORTS••CASE UPDATES: None.
6. PUBLIC HEARINGS:
B. CEB 09-10-772 LDC, Art. VI, Sec. 6.6.1(A) Temporary Sins
CLARENDON PI::TROLEUM INC.
10® Dog Track Road
Longwood, FL 3;2750
Code Enforcement Officer Howington introduced herself and presented her case. She gave
testimony that a Notice of Violation was issuE~d on 09/23/09 to comply within 24hrs.
Reinspections were performed on 09/24/09, x)9/30/09 and 10/05/09 and the property was still
not in compliance. A Notice of Hearing was i:hen issued and served on John Blackstock on
10/06/09. A reinspection on 10/17/09 showed the signs had been removed and the property
CEB 10-27-09-1
was in compliance. Furthermore a permit w~~s issued on 10/20/09 good tl~ru 10/25/09. The
City requested that the Respondent be found guilty of violating LDC, Art. ~?I, Sec. 6.6.1 (A)
and that ari administrative fine of $350.00 bE~ assessed to be paid within 30 days from date of
~ service of f=final Orders. She further asked that the respondent be advised that, should this
violation reoccur, it will be cited as a repeat violation.
Code Officer Howington answered question;; posed by Interim Special Magistrate Goodblatt
and respondent, Mr. Blackstock.
Mr. ,John Blackstock, president and owner of business, spoke in regards tc~ this case. He
statE~d a permit was acquired during this peri~~ad and answered questions by the Interim
Special Magistrate Goodblatt and the City. C:mdr. Cohen submitted a copy of the application
for a: temporary sign permit dated 09/25/09 tc~ Interim Special IVlagistrate Goodblatt. Further
discussion ensued.
Interim Special Magistrate Goodblatt made her findings of fact and found the respondent
guilty of violating LDC, Art. VI, Sec. 6.6.1 (A) :end ordered a $150.00 adrinistrative cost to be
paid within 30 days from service of the Final Orders. She also made a specific finding that
any future violations of this section of City co~1e may be cited as a rE:peat c?ffense.
Interim Special Magistrate Goodblatt explained the findings to the respondent.
C. CEB 06-05-551 CC, Chap. 38, Sec. 38-141 High Crass 8</or VUeeds
Repeat RUNGE, Roger
577 VV. Church Avenue
~ Longwood', FL 3x!750
Interim City Attorney Patterson made openincl statement and submitted exlhibits that the City
will be refen~ing to.
Mr. Roger Runge, property owner, made his opening statement and questioned Interim
Special Magistrate Goodblatt as to her neutrality in hearing this case. Mr. I~unge stated he
objected to her hearing the case as he does not believe she can be unbiased and submitted
a portion of a transcript of a prior hearing in support of his position. 'the Interim Special
Magistrate advised the Respondent that she vvas neutral and would be hearing these facts
anew, just as a judge would on remand. She reminded the Respondent th~~t Judge Alley had
ordered this new hearing after he and the City stipulated to an Abatement of the legal
proceedings in Circuit Court to afford him due process. The Respondent stated that he was
withdrawing his Stipulation to Abate. Interim :ipecial Magistrate noted the Respondent's
objection and asked the City to proceed with their presentation of their aasE~.
Mr. Runge IE~ft at 8:05pm and Interim Special IVlagistrate called for a brief rE:cess.
Interirn Special Magistrate called meeting to order at 8:17pm. She asked the City if they
agreed with Mr. Runge and whether or not they felt she could make an unbiased decision in
this case. Tlie City responded that they felt sf'ie could.
Interirn City Attorney Patterson asked that the Interim Special Magistrate consider Mr.
Runge's testimony as an admission of guilt. Interim Special Magistrate Goodblatt denied the
request and asked that the City present their case in full.
CEB 10-27.09-2
Interim City Attorney Patterson proceeded to question Code Officer Howington regarding her
background with the City, her current position as well as her duties and requirements.
~ Further questioning ensued regarding this c~~se and. pictures were submits:ed as evidence.
The City presented evidence that the Respondent had been found in viol~ition of the same
Code Section previously. The City also pre~~,ented evidence in its case of the elements of the
repeat viol~~tiorc between September 6, 2006 and October 9, 2006 and that the property came
into compliance thereafter.
Code Officer Howington answered question:; posed by Interim Special Magistrate Goodblatt.
Interim Spc~cial Magistrate Goodblatt asked i~or a copy of the June 2006 Final Order. The City
there enterE~d that Order into evidence.
No I~esporcdent present as he left at 8:05pm.
The City requested a recess at 9:03pm to confer with its attorney; hearing recommenced at
9:08pm.
Interim City Attorney Patterson made her cla~sing statement and requested that the
Respondent be found guilty as a repeat viol~itor of CC, Chap. 38, See. 38--141 High Grass &
WeE~ds. Sipe further requested the fine be rE~duced to $20.00 per day for 25 days of non-
compliance and a $450.00 administrative cost be assessed, bath of which to be paid within
30 clays of service of Final Orders.
Interim Special Magistrate Goodblatt asked for an explanation of the calculation of the City's
request fora $450.00 administrative cost. Cmdr. Cohen explained the City's costs and how
they arrived at this amount.
Interim SpE:cial Magistrate Goodblatt made tier findings of fact and found irhe Respondent
guilty as a repeat violator of CC, Chap. 38, ~~ec. 38-141 High Grass & Weeds and ordered a
$20.00 per day fine for 25 days as well as a $350.00 administrative cost be paid within 30
day: from :>ervice of the Final Orders.
A. CEB 09••10-771 CC, Chap. 3~, Sac. 38-141 High (;rass ~/or VNeeds and
CC, Chap.. 18, Sec. 18-63 IVlinirrou~rn Property Standards
EE B111L®ERS LLC
281-347 IV. Oak :street (10 tracts)
Longwood, FL 32750
Code Enforcement Officer Winters introduced herself and presented her case in two parts, In
regards to 9Vlinimum Property Standards, shE~ gave testimony that a NoticE: of Violation was
issued on 04/02/09 to comply by 04/09/09. Notice of Non-Campliance vvas then issued on
04/14/09 to comply by 04/18/09. Reinspections were performE:d in May, June, July, August
and September and the property was still nor: in compliance. A Notice of Hearing was then
issued and served via posting and first class mail on 10/16/09 and a reinspection today
showed the property still not in compliance.
CEB 10-2.7-09-3
Code Officer Winters then presented her care in regards to High Grass &,lor Weeds. She
gave testimony that a Notice of Violation wa:~ issued on 05/28/09 to comply by 06/04/09. A
Notice of Non-Compliance was then issued ~~n 06/04/09 to comply by 06/()9/09.
Reinspections were performed in June, July; August and September and 'the property was
still not in compliance. A Notice of Hearing vas then issued and served via posting and first
class mail on 10/16/09 and a reinspection today showed the Froperty still not in compliance.
The City then requested that the Respondent be found guilty of CC, Chap. 38, Sec. 38-141
High Grass &/or Weeds and CC, Chap. 18, ;3ec. 18-63 Minimum Property' Standards and that
a fine of $7'5.00 per day per violation be ass~:ssed if the property is not in compliance within
15 clays from date of service of Final Orders. The City also requested an administrative fine
of $350.00 be assessed to be paid within 30 days from date of service of IFinal Orders.
No respondent present.
Intevim Special Magistrate Goodblatt made f•~er findings of fact and found the Respondent
guilty of violating CC, Chap. 38, Sec. 38-141 High Grass &/or Weecis and
CC, Chap. 18, Sec. 18-63 Minimum Propert~r Standards. She cave the Respondent 15 days
frorrr date of service of Final Orders to come into compliance or a $75.00 per day per violation
be imposed. She further assessed a $350.00 administrative cost to be paid within 30 days
from date of service of Final Orders.
7. UNFINISHED BUSINESS: None
8. OLD BUSINESS: None
9. NEVU BUSINESS: None
10. ACD.DOURNMENT: Interim Special MagistratE: Goodblatt adjourned the meeting at 9:33 PM
Arn~/ God?ll~~atit, Special Magistrate
Collina G:~st, Recording Secretary
CEB 10-2'7-09-4