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CEB_01-08-85_MinTHE Sr4,, r. t C _13 ,♦ c oo w R j6'6 �iodart SINCE 1883 Ke (111 of Clangivalab 175 West Warrrit c �1ir_ �:ungfuuab, 32750 `LeI. January 8, 1955 The Codes Enforcement Board of the City of Longwood, at 7:30 P.M. Present: Walter Fleck, Chairman Verma Martin Fred Ritter Maureen Sikora Anthony Taddeo Ike Cool, Attorney Mary Triplett, Secretary Absent: Buford Helms Charles Kennedy 1. The meeting was called to the Pledge of Allegiance secretary called the roll and Kennedy and Mr. Helms. Florida met order by Chairman Fleck followed by to the United States Flag. The all members were present except Mr. 2. Approval of Minutes -- 12/11/84. Motion by Mrs. Sikora, seconded by Mr. Ritter to approve minutes of December 11, 1984 as submitted. Motion carried by a unanimous voice vote. 3. Presentation of Filed Affidavits of Violations, Case Ig o. 32, Daniel L. & Sharon P eterson, 745 Pasadena Avenue, Longwood, FL. Violation of Chapter 11, Sec 11 -2(5) and Chapter 4, Sec. 4 -15 (Seminole County Animal Control ordinance No. 74-- -8) . Complaint concerning a barking dog. officer Trautman asked the board to determine if there is in fact a violation of Longwood City Code. officer Trautman stated because of the nature of the complaint, Police officers cannot honestly say that the dog has not barked or has not disturbed the Ryans. Both Mr. Peterson and Mrs. Ryan have been talked to regarding the complaint and each contends that the other is wrong. Unfortunately, manpower prevents the police officers from spending a lot of time on this particular complaint, however; it has come to the point where both parties need to be heard and a decision reached. officer Trautman requested that the board take time to hear both Mr. Peterson and Mr. and Mrs. Ryan to determine if a violation in fact exists. Mr Peterson was not present. Chairman Fleck asked Mr. and Mrs Ryan to speak before the board, Mrs, Ryan was sworn under oath. Mrs. Ryan stated that this has been going on for about two years and she had spoke with Mr. Peterson three different times before calling the Police Department. Mrs . Ryan stated she asked Mr. Peterson to do something to control the dog at night between the hours of midnight and 5 a.m. Mrs. Ryan stated that she has been woke up on the average of three to four Codes Enforcement Board Meeting - 1/8/85 Page 2 nights a week because of this barking dog. Mrs. Ryan stated that she had another witness, Commissioner Perry Faulkner, a neighbor that can testify to the fact that he has heard the dog barking. Chairman Fleck asked Mrs. Ryan if she and Commissioner Faulkner were the only two witnesses and how many other neighbors do you have adjacent to the dog? Mrs, Ryan stated this is why it is such a problem. The house is located so the bedroom is located directly behind the Peterson's house and the dog is put outside directly behind their bedroom window. Mrs. Ryan stated that next door on both sides, the neighbors bedrooms are in the front of the house so they cannot really be disturbed. Mrs . Sikora asked if Mr. Peterson was notified of the probable cause hearing? officer Trautman stated that he was told there was a probable cause hearing but it is unusal for a respondent or a complaintant to be here and he was told he didn't have to be here. Commissioner Perry Faulkner was sworn under oath. Commissioner Perry Faulkner stated that he worked unusual hours and had heard the dog barking on several occasions. Motion by Mr. Taddeo, seconded by Mr. Ritter to find probable cause and that a public hearing be set for January 22, 1985. Motion carried by a unanimous roll call vote. 4. Public Hearings. Case No. 29, Kenneth W. Schraw. President of Schraw Realty, Inc-, 1441 S. Grant Street, Longwood, Florida. Violation of Chapter 10, Section_ 10--1. Secretary read Affidavit of Violation. Mr. Schraw was sworn under oath. Mr. Schraw presented pictures of a house, site plan and license for 700 Mendez Way, Mr. Schraw stated that the legal address of Lot 27, BL D, Columbus Harbor is 700 Mendez Way. Mr. Taddeo asked Mr. Schraw if he did any business at 1441 S. Grant St. and Mr. Schraw replied there was no evidence that it is used for a office. Harold W. Simmons was sworn under oath. Mr. Simmons stated that he had written a letter on the behalf of the Homeowners Association because areas needed to be cleaned up in Columbus Harbor. Paul Carrol, President of Columbus Harbor Homeowners Association, was sworn under oath. Mr. Carrol stated the property at 1441 S. Grant Street was cleaned up and said it would be difficult to testify there was a business at that address. Mrs. Martin asked Mr. Schraw where his business phone rang and he replied at two places. officer Trautman presented the case. officer Trautman stated that on October 25, 1984 Doris Scott was given directions to 1441 S. Grant Street as Mr. Schraw's business address. Doris Scott was sworn under oath. Mrs. Scott stated she called Mr. Schraw on October 25, 1984 and the phone was answered Schraw Realty, she then asked where his business was located and he told her on the lake near a gazebo, which is 1441 S. Grant Street. Mr. Schraw stated he offered to meet her where he was at the time of the call, officer Trautman stated Mr. Schraw was operating a business from 1441 S. Grant Street. Motion by Mrs. Sikora, seconded by Mr. Taddeo to dismiss case because section as charged is not in violation. Mrs. Martin stated that the legal description on the Affidavit of Violation was incorrect. Motion carried by a unanimous roll call vote. ANIL Codes Enforcement Board Meeting - 1/8/85 Page 3 Case No. 30, Suburban Coastal Foreclosure, 600 Courtland Avenue, Orlando, Florida and Mr. Richard P. Asher, 841 Lormann Circle South, Longwood, Florida. Violation of Chapter 12, Sec. 12 -1 and Sec. 12 -2 (1,3) . Affidavit of Compliance filed on January 8, 1985. Case No, 31, Eugene J. Kocol, Paramont Auto Center, 619 CR 427, Longwood, Florida. owners of Property; Laws Offices of Wells, Cattis, Hallowes & Carpenter, P. 4. Box 3109 Orlando, Florida. Violation of Chapter 10, Sections 10-13(14)b, 10--1, Chapter 22, Sections 22 -28, Appendix A, Sections 201.1, 508.4A, 608.2, 6 0 8.3A (l) . Secretary read Affidavit of Violation. Chairman Fleck asked Officer Rossi when he last checked the property. Officer Rossi stated he checked the property on January 7, 1985 at 5:30 p.m. and there were three vehicles for sale on the property so it was in violation. officer Rossi stated he also checked the property on January 8, 1985 at approximately 2 p.m. and the vehicles were removed. Chairman Fleck stated that if the vehicles were removed, the property must be in compliance. Officer Rossi replied not as far as he was concerned and would like to present the case. officer Rossi presented the case. Officer Rossi stated Mr. Kocol has displayed apparent contempt of the muncipal laws of this community by his complete disregard of both written and verbal warnings. Officer Rossi stated that Mr. Kocol has made no attempt to bring the Violations into compliance within the period 12 -11 -84 through 1 -7 -85 following the warnings and even subsequent to a letter trom the Law ottices of Wells, Cattis, Hallowes & Carpenter, this letter announced that further continued violations would result in the immediate termination of his rental agreement. Officer Rossi stated that he was not discounting the fact that the respondent is now in compliance with the aforementioned city code violation, it is more than obvious that his intention was to breach the code for his own monetary gain. Chairman Fleck asked why this was just being brought to the board if the respondent has been doing business since June, 1983. Officer Rossi stated that Mr. Kocol had been selling automobiles one at a time and in February, he noticed five cars for sale and started keeping a close check. Chairman Fleck stated normally the board would give a fine of so much per day until they come into compliance and the cars are removed. As of now, the board is to determine if it wishes to give him a fine for his failure to be here and his past actions. Mrs. Sikora stated, pending the board action, that he has not been found officially in violation of any of these secions of the code. Mrs. Sikora stated that the board needs to follow our own procedures as set forth in the city code. The secretary stated that Mr. Kocol came into the office last Wednesday and wanted to come into compliance but would be out of town on January 8, 1985. The secretary advised him to have the cars removed and if he was unable to attend to have an attorney present. Mrs. Sikora made a motion based on the testimony that had been presented to find the respondent in violation of each section of the code that had been cited on the Notice of Hearing and Affidavit of Violation and would further move that the respondent be given notice of this action and that commencing three days from January 8, 1985 that the respondent to be ordered to make sure the property is in erodes Enforcement Board Meeting - 1/8/85 Page 4 compliance and any further violations of any of the sections that are cited on the Notice of Hearing and the Affidavit of Violation that upon filing an affidavit of Non -- Compliance by an officer of the city, that the respondent pay a fine of $50.00 per day per violation. The affidavit would have to be specific as to the violation and the date. Motion was seconded by Mr. Taddeo. Motion carried by a unanimous roll call vote. Mrs. Sikora asked that the order be typed and hand delivered within three days. 5. Unfinished Business. None. 6. New Business. Chairman Fleck asked that all items to be presented to the board, be submitted to the secretary by Friday at 10 a.m. prior to the Tuesday meeting. Motion by Mrs. Sikora, seconded by Mrs. Martin to have all routine cases submitted to the secretary by Friday at 10 a.m. Motion carried by a unanimous roll call vote. Discussion on abolishing the probable cause hearing. Mrs. Sikora stated that orange County and Orlando have eliminated their probable cause hearing and stated it had speeded up the process. Motion by Mrs. Sikora, seconded by Mrs. Martin that secretary be instructed to draft a letter for the chairman's signature requesting that the City Commission amend the City Code to abolish the probable cause hearing and if they do so, the board amend their rules of procedure. Motion carried by a unanimous roll call vote. 7. Adjournment. Motion by Mr. Taddeo, seconded by Mrs. Sikora to adjourn. Motion carried by a unanimous voice vote. Meeting adjourned at 9:15 P.M. Walter Fleck, Chairman Attest: Mary /TrigXetf, &%cretary