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Special Magistrate_07-22-10_Min CODE ENFORCEMENT HEARING City Commission Chambers 175 W. Warren Ave. Longwood, FL 32750 JULY 22, 2010 7:00 P.M. Present: Amy Goodblatt, Special Magistrate Also Present: Gayle Owens, City Attorney Timothy Cooper, Code Enforcement Supervisor Robyn Winters, Code Enforcement Officer Michelle Longo, Code Enforcement Recording Secretary Absent: Bonnie Howington, Code Enforcement Officer Collina Gast, Code Enforcement Recording Secretary 1. CALL MEETING TO ORDER: Special Magistrate Goodblatt called the meeting to order at 7:01 pm. 2. APPROVAL OF THE MINUTES FROM THE MAY 27, 2010 HEARING: Special Magistrate approved the Minutes from the May 27, 2010 Code Enforcement Hearing. 3. SPECIAL MAGISTRATES'S EXPLANTION OF PROCEEDINGS: No attendees present therefore no explanation given. 4. SWEARING IN OF ALL WITNESSES: Special Magistrate Goodblatt waived the swearing in as there were no witnesses. 7. REPORTS -CASE UPDATES: Case #10 -06 -785 for High Grass & Weeds and an Inoperable Vehicle at 826 E. Church Avenue was continued at last month's hearing however it has been withdrawn as complied. Case #10 -06 -787 for Minimum Property Standards at 612 -616 E. Warren Avenue was continued at last month's hearing however it has been withdrawn as complied. 10. NEW BUSINESS: Collina Gast, Recording Secretary, would like to discuss the scheduling of the November and December 2010 Code Enforcement Hearings as they fall on City Holidays. Discussion ensued and it was requested that the room availability be confirmed for November 18 or December 2 It was decided that the December 23 meeting be cancelled due to the Christmas holiday. CEB 07- 22 -10 -1 5. ROLL CALL OF SCHEDULED CASES: Special Magistrate Goodblatt called out cases to see if Respondents were present. 6. PUBLIC HEARINGS: B. CEH 10 -07 -789 CC, Chap. 38, Sec. 38-141 High Grass and Weeds Withdrawn CANALS, Carl and Milagro 466 E. Orange Avenue Longwood, FL 32750 The City withdrew this case as complied. C. CEH 10 -07 -790 CC, Chap. 38, Sec. 38 -141 High Grass and Weeds Withdrawn WENSTROM, Jeffrey 628 -30 E. Warren Avenue Longwood, FL 32750 The City withdrew this case as the property owner is deceased. A. CEH 10 -07 -788 CC, Chap. 38, Sec. 38 -141 High Grass and Weeds MARTE, Heriberto 304 Loch Lomond Avenue Longwood, FL 32750 Code Enforcement Officer Winters submitted a written statement by Michelle Longo who previously worked on this case. Code Enforcement Officer Winters then introduced herself and presented the case. Property is currently vacant and in foreclosure. She gave testimony that a Notice of Violation for CC, Chap. 38, Sec. 38 -141 High Grass & Weeds was issued on 06/04/10 to comply by 06/11/10. Upon reinspection on 06/12/10, the property was not in compliance and a Notice of Non- Compliance was issued to comply by 06/17/10. A reinspection on 06/23/10 showed the property still not in compliance and it was then scheduled for the Code Enforcement Hearing. A Notice of Hearing was issued on 07/06/10 and mailed via Certified Mail to the property owner and foreclosure attorney on 07/08/10. Return receipt from foreclosure attorney was signed for on 07/14/10; certified Notice of Hearing to property owner was unclaimed. Therefore Longwood City Hall and the property were posted and the Notice mailed first class to property owner on 07/12/10. The City requested that the Respondent be found guilty of violating CC, Chap. 38, Sec. 38-141 High Grass & Weeds 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. City Atty. Owens gave testimony of service and property owners listed mailing addresses. Code Officer Winters 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. CEB 07- 22 -10 -2 Special Magistrate Goodblatt made her findings of fact and found the respondent guilty of violating CC, Chap. 38, Sec. 38 -141 High Grass & Weeds and ordered they be given 10 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 $150.00 administrative cost to be paid within 30 days from service of the Final Orders. * Special Magistrate Goodblatt swore in Code Enforcement Officer Winters. D. CEH 10 -07 -791 CC, Chap. 38, Sec. 38 -141 High Grass and Weeds FERRARI, Angelo and OLIAI, Ziba 533 Winding Oak Lane Longwood, FL 32750 Code Enforcement Officer Winters introduced herself and presented her case. She gave testimony that a Notice of Violation for CC, Chap. 38, Sec. 38 -141 High Grass & Weeds was issued on 05/27/10 to comply by 06/03/10. Upon reinspection on 06/03/10, the property was not in compliance and a Notice of Non - Compliance was issued to comply by 06/07/10. Reinspections were performed on 06/07/10 and 06/22/10 showed the property still not in compliance and it was then scheduled for the Code Enforcement Hearing. A Notice of Hearing was issued on 07/06/10 and mailed via certified mail on 07/08/10. The Notice of Hearing was unclaimed and therefore was served via mailing first class and posting City Hall & property. The City requested that the Respondent be found guilty of violating CC, Chap. 38, Sec. 38 -141 High Grass & Weeds 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. City Atty. Owens gave testimony of service and property owners listed mailing address. 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 CC, Chap. 38, Sec. 38 -141 High Grass & Weeds 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 $150.00 administrative cost to be paid within 30 days from service of the Final Orders. 8. UNFINISHED BUSINESS: None 9. OLD BUSINESS: None 11. ADJOURNMENT: Special Magistrate Goodblatt adjourned the meeting at 7:23 PM g TvIt Good 'tt jSecial Magistrate (ji ichelle Lorigo,,RWrirpig Secretary CEB 07- 22 -10 -3