Special Magistrate_09-23-10_Min CODE ENFORCEMENT HEARING
City Commission Chambers
175 W. Warren Ave.
Longwood, FL 32750
SEPTEMBER 23, 2010 7:00 P.M.
Present: Amy Goodblatt, Special Magistrate
Also Present: Timothy Cooper, Code Enforcement Supervisor
Bonnie Howington, Code Enforcement Officer
Collina Gast, Code Enforcement Recording Secretary
Absent: Gayle Owens, City Attorney
Robyn Winters, Code Enforcement Officer
1. CALL MEETING TO ORDER:
Special Magistrate Goodblatt called the meeting to order at 7:OOpm.
2. APPROVAL OF THE MINUTES FROM THE JULY 22, 2010 HEARING:
Special Magistrate Goodblatt approved the Minutes from the July 22, 2010 Code
Enforcement Hearing.
3. SPECIAL MAGISTRATES'S EXPLANATION OF PROCEEDINGS:
Special Magistrate Goodblatt explained the hearing process for the attendees.
4. SWEARING IN OF ALL WITNESSES:
Special Magistrate Goodblatt swore in all witnesses.
5. ROLL CALL OF SCHEDULED CASES:
Special Magistrate Goodblatt called out cases to see if Respondents were present.
6. PUBLIC HEARINGS:
A. CEH 10 -08 -793 CC, Chap. 38, Sec. 38 -141 High Grass and Weeds
Withdrawn CANTOR, Linda G.
813 Raven Avenue
Longwood, FL 32750
The City withdrew this case as complied.
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B. CEH 10 -08 -794 CC, Chap. 38, Sec. 38 -141 High Grass and Weeds
Withdrawn FLORES, Mario and Matilde
1042 Reams Street
Longwood, FL 32750
The City withdrew this case as complied.
C. CEH 10 -09 -796 CC, Chap. 38, Sec. 38 -141 High Grass and Weeds
HILLYER, Gary and Catherine
116 W. Bay Avenue
Longwood, FL 32750
Code Enforcement Officer Howington introduced herself and presented the case. She gave
testimony that a Notice of Violation for CC, Chap. 38, Sec. 38 -141 High Grass & Weeds was
issued on 07/20/10 to comply by 07/30/10. Upon reinspection on 08/03/10, the property was
not in compliance and a Notice of Non- Compliance was issued to comply by 08/07/10. A
reinspection on 08/16/10 and 08 /30/10 showed the property still not in compliance and it was
then scheduled for the Code Enforcement Hearing. A Notice of Hearing was issued on
09/02/10 and mailed via Certified Mail to the property owner. The certified Notice of Hearing
to property owner was not claimed therefore Longwood City Hall and the property were
posted and the Notice mailed first class to property owner on 09/10/10. The certified receipt
was subsequently signed for on 09/17/10. 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 5
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 $250.00 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.
Respondent property owner, Gary Hillyer, then spoke in reference to this violation. Stated
Catherine Hillyer had lost her battle with cancer and that he was also fighting the disease.
He said he was not aware that he was on the deed and submitted a letter from Cathy
Ellison's (woman with whom the property was financed thru) attorney and testified that he has
filed a quit claim deed in lieu of foreclosure. He then apologized for the yard and lack of
maintenance then answered questions from Special Magistrate Goodblatt.
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 30 days
from date of service of Final Orders to come into compliance or a $50.00 per day fine be
imposed. She also assessed a $50.00 administrative cost to be paid within 30 days from
service of the Final Orders.
D. CEH 10 -09 -797 CC, Chap. 38, Sec. 38 -141 High Grass and Weeds
MARIANO, Karlo and Jhoana
334 Brentwood Club Cove
Longwood, FL 32750
Code Enforcement Officer Howington 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 08/17/10 to comply by 08/24/10. Upon reinspection on 08/25/10, the property was
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not in compliance and a Notice of Non- Compliance was issued to comply by 08/29/10. A
reinspection on 08/30/10 showed the property still not in compliance and it was then
scheduled for the Code Enforcement Hearing. A Notice of Hearing was issued on 09/02/10
and mailed via certified mail on 09/03/10 to both property owners and the foreclosure
attorney. The certified receipt from the foreclosure attorney was signed for on 09/07/10 and
the certified receipt from property owner, Jhoana Mariano, was signed for on 09/20/10; the
certified notice of hearing to property owner, Karlo Mariano, was returned unclaimed on
10/04/10. The certified Notices of Hearing to both property owners were not claimed in a
timely manner therefore Longwood City Hall and the property were posted and the Notice
mailed first class to property owner on 09/10/10. The City requested that the Respondents be
found guilty of violating CC, Chap. 38, Sec. 38 -141 High Grass & Weeds and that they be
given 5 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 $250.00 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 who
also made a Point of Information regarding bankruptcy and how it affects code enforcement
cases.
No respondents present however Lynn Louis, attorney for the mortgage company, was and
she spoke in reference to this violation. Stated there was no summary judgement issued yet
but was hoping to have one in 3 -4 months. Viewed pictures and discussed the time the bank
would need to clean up the property. She then apologized for the yard and lack of
maintenance and answered questions from Special Magistrate Goodblatt.
Special Magistrate Goodblatt made her findings of fact and found the respondents guilty of
violating CC, Chap. 38, Sec. 38 -141 High Grass & Weeds and ordered they be given 15 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.
E. CEH 10 -09 -798 CC, Chap. 38, Sec. 38 -141 High Grass and Weeds
Withdrawn HMIELOWSKI, Sara and SEDA, Alejandro
366 Brentwood Club Cove
Longwood, FL 32750
The City withdrew this case as complied.
F. CEH 10 -09 -799 CC, Chap. 38, Sec. 38 -141 High Grass and Weeds
JP MORGAN ACQUISITION CORP.
383 Brentwood Club Cove
Longwood, FL 32750
Code Enforcement Officer Howington 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 08/17/10 to comply by 08/24/10. Upon reinspection on 08/25/10, the property was
not in compliance and a Notice of Non - Compliance was issued to comply by 08/29/10. A
reinspection on 08/30/10 showed the property still not in compliance and it was then
scheduled for the Code Enforcement Hearing. A Notice of Hearing was issued on 09/03/10
and mailed via certified mail on 09/08/10 to both the property owner and the foreclosure
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attorney. The certified Notices of Hearing were not claimed therefore Longwood City Hall and
the property were posted and the Notice mailed first class to property owner on 09/10/10. 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 5 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 $250.00
be assessed to be paid within 30 days from date of service of Final Orders.
Lynn Louis, attorney for the mortgage company, then spoke in reference to this violation.
Stated the bank now owns this property & Ms. Bogert has vacated the premises. She then
requested they be given the same amount of time to come into compliance as the previous
case.
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 15 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 $25.00 administrative cost to be paid within 30 days from
service of the Final Orders.
G. CEH 10 -09 -800 CC, Chap. 38, Sec. 38 -141 High Grass and Weeds
MACEDONOA, Jason
1671 Grange Circle
Longwood, FL 32750
Code Enforcement Officer Howington 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 08/26/10 to comply by 08/27/10 as there has been 14 violations within 3 years for
High Grass & Weeds. Reinspections performed on 08/27/10 and 08/30/10 showed the
property still not in compliance and it was then scheduled for the Code Enforcement Hearing.
A Notice of Hearing was issued on 09/02/10 and given to the Longwood Police Dept for an
officer to serve. After 3 unsuccessful attempts, Longwood City Hall and the property were
posted and the Notice mailed first class to property owner on 09/10/10. The City requested
that the Respondent be found guilty of violating CC, Chap. 38, Sec. 38 -141 High Grass &
Weeds and be instructed of the Repeat Violation scenario as the property is now in
compliance. The City also requests an administrative fine of $250.00 be assessed to be paid
within 30 days from date of service of Final Orders.
Respondent property owner, Jason Macedonia, then spoke in reference to this violation and
submitted a packet, including photos, for Special Magistrate Goodblatt to review. He then
apologized for the yard and lack of maintenance and referenced the maintenance plan he
proposes as he travels frequently. He then answered questions from Special Magistrate
Goodblatt.
Special Magistrate Goodblatt made her findings of fact and found the respondent guilty of
violating CC, Chap. 38, Sec. 38 -141 High Grass & Weeds assessed a $150.00 administrative
cost to be paid within 90 days from service of the Final Orders. No fines imposed as the
property is currently in compliance.
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H. CEH 10 -09 -801 CC, Chap. 38, Sec. 38 -141 High Grass and Weeds
GUILLORY, Dewey and Patricia
217 Slade Lane
Longwood, FL 32750
Code Enforcement Officer Howington 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 07/29/10 to comply by 08/04/10. Upon reinspection on 08/05/10, the property was
not in compliance and a Notice of Non - Compliance was issued to comply by 08/09/10. A
reinspection on 08/30/10 showed the property still not in compliance and it was then
scheduled for the Code Enforcement Hearing. A Notice of Hearing was issued on 09/02/10
and mailed via certified mail to the property owners. The certified receipt showed the notice
was claimed on 09/08/10. The City requested that the Respondents be found guilty of
violating CC, Chap. 38, Sec. 38 -141 High Grass & Weeds and that they be given 5 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 $250.00 be assessed to be paid within 30 days from, date of
service of Final Orders. Code Enforcement Officer Howington then answered questions from
Special Magistrate Goodblatt.
No respondents present at hearing.
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 15 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. •
I. CEH 10 -09 -802 CC, Chap. 38, Sec. 38 -141 High Grass and Weeds
STOKES, John and MANNING, Vernon
327 S. CR 427
Longwood, FL 32750
The City continued this case.
7. REPORTS -CASE UPDATES: None
8. UNFINISHED BUSINESS: None
9. OLD BUSINESS: None
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 decided that the hearing for November be held on 11/18/10 and that the
December 23 meeting be cancelled due to the Christmas holiday.
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11. ADJOURNMENT: Special Magistrate Goodblatt adjourned the meeting at 8:26 PM
Amy Goo. Goo.ij. , Special Magistrate
C
Collina Gast, Recording Secretary
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