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Special Magistrate_03-25-10_Min CODE ENFORCEMENT HEARING City Commission Chambers 175 W. Warren Ave. Longwood, FL 32750 March 25, 2010 7:00 P.M. Present: Amy Goodblatt, Special Magistrate Also Present: Gayle Owens, City Attorney Russell Cohen, Code Enforcement Supervisor Bonnie Howington, Code Enforcement Officer Robyn Winters, Code Enforcement Officer Michelle Longo, Code Enforcement Officer Collina Gast, Code Enforcement Recording Secretary Absent: n/a 1. CALL MEETING TO ORDER: Special Magistrate Goodblatt called the meeting to order at 7:OOpm. 2. APPROVAL OF THE MINUTES FROM THE JANUARY 26, 2010 HEARING: Special Magistrate approved the Minutes from the January 26, 2010 Code Enforcement Hearing. 3. SPECIAL MAGISTRATES'S EXPLANTION OF PROCEEDINGS: Special Magistrate Goodblatt explained the hearing process for the attendees. 5. ROLL CALL OF SCHEDULED CASES: Special Magistrate Goodblatt called out cases to see if Respondents were present. 4. SWEARING IN OF ALL WITNESSES: Special Magistrate Goodblatt swore in all witnesses. 10. NEW BUSINESS: A. CEH 07 -10 -683 LUTCHMIDAT, Devika 141-143 N. Wayman Street Longwood, FL 32750 Kevin McClanahan came before the Special Magistrate to request an elimination of fines and administrative costs. He stated that the home is in foreclosure, gave testimony of the history , may of this case, submitted photos and answered questions from the Special Magistrate. CEB 03- 25 -10 -1 Special Magistrate Goodblatt inquired what the City's stand was on this case and Cmdr. Cohen spoke in reference to the costs incurred for this property. Cmdr. Cohen then answered questions from Special Magistrate and discussion ensued. Special Magistrate Goodblatt ruled to reduce the fines to $900.00 plus an administrative cost of $100.00, both to be paid within 30 days or the fines would revert to the full amount. She also took down the correct mailing address to send the Order to Mr. McClanahan. B. CEH 08 -06 -724 VEGA, Laura 159 Sheridan Avenue Longwood, FL 32750 Jenette Nowakowski came before the Special Magistrate to request an elimination of fines and administrative costs. She stated that the home is in foreclosure, gave testimony of the history of this case and answered questions from the Special Magistrate. Special Magistrate Goodblatt inquired what the City's stand was on this case and Cmdr. Cohen spoke in reference to the costs incurred for this property. Cmdr. Cohen then answered questions from Special Magistrate and discussion ensued. Special Magistrate Goodblatt ruled to reduce the fines to $800.00 plus an administrative cost of $100.00, both to be paid within 30 days or the fines would revert to the full amount. She also took down the correct mailing address to send the Order to Ms. Nowakowski. 6. PUBLIC HEARINGS: A. CEH 08 -04 -710 CC, Chap. 38, Sec. 38 -141 High Grass and Weeds Repeat RANDALL, Jennifer B. and William G, Jr. 1515 Oriole Street Longwood, FL 32750 City Atty. Owens spoke in reference to the property owner information, proper service and went over the packet contents. Code Enforcement Officer Winters then introduced herself and presented her case. She gave testimony that a Repeat Notice of Violation for CC, Chap. 38, Sec. 38 -141 High Grass & Weeds was issued on 09/18/09 to comply immediately per FL State Statute 162.06. She also testified that the property was in foreclosure however it had been postponed. Reinspections were performed over the next few months and showed the property still not in compliance and the case was then scheduled for the Code Enforcement Hearing. A Notice of Hearing was issued on 03/10/10 and served on William Randall Sr. (55yr old father of William Randall Jr.) at 11:58am on 03/11/10 by Officer Borows. Also, a Notice of Hearing was attempted to be served on Jennifer Randall at 737 E. Church Avenue by Ofc. Borows on 03/11/10 however resident stated no one lived there by that name. A Notice of Hearing was then posted & mailed First Class to Jennifer Randall on 03/11/10 by Code Enforcement Officer Winters. The City paid $210.00 to Cato Services to mow this property. The City requested that the Respondents be found guilty as Repeat Violators of violating CC, Chap. 38, Sec. 38 -141 High Grass and Weeds and that a $250.00 per day fine be imposed for every day of non- compliance. The City also requests an administrative fine of $430.00 plus $210.00 for CEB 03- 25 -10 -2 mowing services already paid be assessed to be paid within 30 days from date of service of Final Orders. No Respondent present at hearing but service was properly made and service affidavits were introduced into evidence. Special Magistrate Goodblatt made her findings of fact and found the respondents guilty as Repeat Violators of CC, Chap. 38, Sec. 38 -141 High Grass and Weeds and ordered they pay a $250.00 per day fine for 183 days and continuing at the same daily rate until in compliance as well as a $430.00 administrative cost and a $210.00 mowing fee, all to be paid immediately from date of service of the Final Orders. B. CEH 10 -03 -777 LDC, Art. V, Sec. 5.3.3A Fence Requirements FINISHING SYSTEMS OF FLA INC. 160 Dog Track Road Longwood, FL 32750 City Atty. Owens spoke in reference to the property owner information, proper service and went over the packet contents. Code Enforcement Officer Howington introduced herself and presented her case. She gave testimony that a Notice of Violation for LDC, Art. V, Sec. 5.3.3A Fence Requirements was issued on 01/21/10 to comply by 01/28/10. Upon reinspection on 02/17/10, the property was not in compliance and a Notice of Non - Compliance was issued to comply by 02/21/10. Reinspections were performed on 02/25/10 and 02/26/10 showed the property still not in compliance and it was then scheduled for the Code Enforcement Hearing. A Notice of Hearing was issued on 03/08/10 and served on Brenda Roper (Registered Agent for Property Owner) at 10:06am by Officer Borows. The City requested that the Respondent be found guilty of violating LDC, Art. V, Sec. 5.3.3A Fence Requirements and that they be given 20 days upon service of Final Orders to comply or a $100.00 per day fine be imposed. The City also requests an administrative fine of $350.00 be assessed to be paid within 30 days from date of service of Final Orders. Code Officer Howington answered questions posed by Special Magistrate Goodblatt. No Respondent present at hearing but service was properly made and a service affidavit was introduced into evidence. Special Magistrate Goodblatt made her findings of fact and found the respondent guilty of violating LDC, Art. V, Sec. 5.3.3A Fence Requirements and ordered they be given 20 days from date of service of Final Orders to come into compliance or a $100.00 per day fine be imposed. She also assessed a $200.00 administrative cost to be paid within 30 days from service of the Final Orders. C. CEH 10 -03 -778 LDC, Art. VI, Sec. 6.3.3F Sign Permit DEL REYES INVESTMENTS INC. 1620 N. CR 427 Longwood, FL 32750 The City withdrew this case as complied. CEB 03- 25 -10 -3 D. CEH 10 -03 -779 LDC, Art. VI, Sec. 6.3.3F Sign Permit WILSON, Karen 377 E. SR 434 Longwood, FL 32750 The City withdrew this case as complied. 7. REPORTS -CASE UPDATES: None 8. UNFINISHED BUSINESS: None 9. OLD BUSINESS: None 11. ADJOURNMENT: Special Magistrate Goodblatt adjourned the meeting at 8:00 PM Amy G e o •latt, Special Magistrate Collina Gast, Recording Secretary CEB 03 -25 -10-4