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The Codes Enforcement Board of the City of Longwood,
at 7:30 P. M.
Present Walter Fleck, Chairman
Buford Helms
Verma Martin
Maureen Sikora
Anthony Taddeo
Gerald Korman, Attorney
Mary Triplett, Secretary
Absent: Fred Ritter
Charles Kennedy
"'�• SINCE 1883
June 4, 1985
Florida met
1. The meeting was called to order by Chairman Fleck followed
by the Pledge of Allegiance to the United States Flag. The
secretary called the roll and all members were present except Mr.
Ritter and Mr. Kennedy. Mr. Ritter had notified the secretary
that he would be out of town and unable to attend the meeting.
2. Approval of Minutes -- 5/21/85, Motion by Ms. Sikora,
seconded by Mr. Taddeo to approve minutes of May 21, 1985 as
submitted. Notion carried by a unanimous roll call vote*
3. Public Hearings.
Case No. 36, John Early, Don Early, DBA Bobby Clark's Used Cars,
Inc., 425 S. CR 427, Longwood, FL and Herman G. and Lucille E.
Jean (owners of the property ), P. o. Box 336 Longwood, FL.
Violation of Appendix A, Sections 5 0 6.4A, 614.3A and 608.3A(7).
Chairman Fleck asked if the respondents were present and
contested the charges. Mr. Steve Coove r , P, O. Drawer H,
Sanford, FL, stated that he was the attorney for the respondents
and contested the charges. officer Rossi was sworn under oath
and presented the case. Officer Rossi stated that the non-
conforming use of land was enlarged by selling vehicles on the
south end of the property. He presented exhibit #l, copy of
occupational license application and exhibit #2, copy of City of
Longwood occupational License, officer Rossi stated that the
date on the application was 1982 and showed Bobby Clark as
president of Bobby Clark's Used Cars, Inc. He stated that prior
to the construction of Schneeman's building, there were no
vehicles parked on Lot 142. officer Rossi stated that the
respondents were currently in violation. He presented exhibit
#3, photographs of the property. Mr. Coover cross examined
Officer Rossi. officer Rossi stated that the Chief of Police
requested that the Affidavit of Violation be filed and that he
was investigating the case. Officer Rossi stated that before
the construction of the building, there were three or four
vehicles parked on the south end of the property and after the
Codes Enforcement r ard Meeting - 6/4/85 AWL Page 2
construction of the building, there were six to eight vehicles.
Mr. Herman Jean, Mr. Don Early and Mr. Bobby Clark were sworn
under oath. Mr. Coover stated that in order to be in violation
of 614.3A, the use of selling cars had to be abandoned for 180
days. He stated the use of selling cars had been continued since
1978 on the south end of the property. He stated that the key
point of the defense was the south end of the property was a hot
selling area. Mr. Coover stated his second point concerning
6 0 8.3A ( 7) , preventing vehicles from rolling onto the street, and
stated an effort would be made to correct the violation due to
the safety of the public. Mr. Coover stated that violation of
506.4A was the display of vehicles within the setbacks. He stated
to impose the restriction of the required setbacks would make the
property unusable. Mr. Jean stated that he was the owner of the
property. Mr. Coover presented exhibits of two leases between
Mr. & Mrs. Herman Jean and Bobby Clark's Used Cars, dated
September 12, 1978 and dated May 1. 1985. Mr. Jean stated that
since 1978, the three lots have been used for selling vehicles
without change of ownership. Ms. Sikora stated there was a no
unlawful use in the lease and asked if any legal action would be
taken against leasee. Mr. Jean replied that no legal action
would be taken against the leasee but would be taken against the
City. Mr. Don Early stated the lease was between Mrs Jean and
Bobby Clark's Used Cars, Inc. and he was vice President. He
stated a new lease was required May 1, 1985 in order to get his
license renewed with the State of Florida. Mr. Early stated he
became Vice President in June, 1984 by purchase of stock. He
stated that he has a one and one -half year association with Bobby
Clark's Used Cars and the south end of the property has been
utilized for selling cars during that time. He stated that he
sells ninety percent of the cars on the south end of the
property. Mr. Early presented an affidavit from Bobby Dale Clark
stating there was no stipulation as to where cars could be parked
on the lots. Mr. Early presented affidavits from Edward C.
Finney and Edna M. Finney stating they have witnessed the parking
of cars for sale on the south end of the property since 1978.
Mr, Bobby Clark, 1948 Lucky Trail, stated the south end of the
property has always been utilized for selling motor vehicles. He
stated he was affiliated with Bobby Clark's Used Cars until
November, 1983. Mr. Korman asked Mr, Coover if his clients had
any problem with providing guardrails or paving. Mr. Coover
stated that they would prevent the cars from rolling into the
street and expressed his concerns over the paving and asked how
it affected the health and welfare of the public. He asked Mr.
Korman if he wanted them to pave the entire parking lot or just
in front of the building. Mr. Korman replied the display areas
should be paved. Ms. Sikora stated that a variance may be
available to solve the problems of setback requirements. Mr,
Coover stated that it was a financial hardship for his clients to
appear before all the different boards. Motion by Ms. Sikora
seconded by Ms. Martin to find respondents in violation of
Appendix A. Sections 506.4A and 608.3A(7), to give until July 2,
1985 to correct violation or submit application for a variance
and the case to be put back on the agenda for July 2, if no
compliance, the board would be in a position to assess a fine and
respondent will reappear at that time. Motion carried by
unanimous roll call vote. Ms. Sikora asked that all documents be
included with the record.
Ten minute recess.
Codes Enforcement 40 "`ard Meeting - 6/4/85 'ft* Page 3
Chairman Fleck call the meeting back to order.
Case No. 41, Ken Dobmeier, DBA County Club Pet world, 450 E.E,
Williamson Road, Longwood, FL. Violation of Ch. 4, Sec. 4--15 ■
Ch. 11, Sec. 11-2(5) Ch, 12 ■ Sec. 12-2(5), App. A, Sec.
6 06.3A2f . Mr, Ned Julian, attorney for Mr. Dobmeier, objected to
the participation of Mr. Korman to advise the Longwood Police
Department and advising the codes Enforcement Board. He stated
that Mr. Dorman was acting as the prosecutor and advisor. Mr.
Julian stated that violates the rights of due process. Chairman
Fleck stated that Article 8 of Rules and Regulations states that
its attorney may question any witness or call any witness it
believes necessary. Ms. Sikora stated that Chapter 162 states
that the attorney can represent the board or act as prosecutor.
Mr. Korman stated that he was acting as legal advisor. Mr.
Julian asked what ordinance or resolution made Officer Rossi
Codes Enforcement Officer. Officer Rossi replied that he was
appointed by David Chacey in April, 1983 and assigned the
position by the Chief of Police. Officer Rossi presented the
case, Officer Rossi stated County Club Pet World has continued
to be in violation by permitting animals to run loose in the
outdoor runs later than the 8 P. M. curfew and by having a guard
dog run loose on the property. Mr. Julian stated that as a point
of information that there was nothing in the affidavit of
violation about a guard dog and wanted to know if having a guard
dog violates the ordinance. Officer Rossi stated that permitting
a dog to remain loose on the property is a violation. Ms. Sikora
asked if Chapter 4, Sec. 4--15 was a new ordinance? Officer Rossi
replied that it was a County ordinance and the City had a
interlocal agreement with the County. Mr. Korman stated that the
board does not have jurisdiction over Chapter 4. Mr. Julian
asked Officer Rossi the dates of the violation. officer Rossi
listed several dates. Chairman Fleck stated that on the date of
violation, May 10, 1985, the facts behind that violation were
concerning the same problem. Mr. Julian asked Officer Rossi what
happen on May 10 ■ 1985. Office Rossi replied that on May 10,
1985, a warning was issued to county Club Pet World for a dog
running loose and Sgt. Yelvington responded to the call. Mr.
Julian objected to the testimony because Sgt. Yelvington was not
present and it was not direct evidence. Mr. Korman stated that
the evidence is for the board to decide upon. Mr. Julian stated
that his client is available to refute evidence. Mr. Julian
stated that the affidavit of violation is under oath and was
submitted by Officer Rossi and this violated his clients rights
of due process. Mr. Julian asked who filed the complaint on May
10, 1985? Mr. Roger Herota, 523 Southport Drive, stated that he
filed the complaint and was sworn under oath. He stated that he
has a two year old daughter who cannot sleep because of the
barking dogs. He stated that the dogs are left out all night and
on May 10 1985 at 9;30■ the dogs were outside and all the
employees had gone home. Mr. Julian asked Mr. Herota when he had
moved to that address. Mr. Herota stated that he moved to
Tiberon cove in March, 1982. Mr. Julian stated that the kennel
was there first and asked how many dogs were out. Mr. Herota
replied that the Supreme Court ruling states that it doesn't make
any difference who was there first and that noise is noise and
that there were two dogs loose in the runs on May 10, 1985. Mr.
Julian asked for a brief recess to confer with his client. Mr.
Herota stated that dogs are supposed to be locked up at 8 P.M.
Mr. Kenneth Dobmeier was sworn under oath. He stated that he
Codes Enforcement � and Meeting - 6/4/85 Page 4
was not aware of the warning on May 10, 1985 and did not see the
notice. He stated that two years ago, he had installed
insulation and that he pays employees extra money to come back
and lock the dogs up if they get out. Mr. Taddeo asked if Mr.
Dobmeier was aware that the dogs were barking. Mr. Dobmeier
stated that he was knowledgeable of other complaints. Mr. Korman
asked if steps would be taken to prevent the dogs from breaking
out and from barking. Chairman Fleck asked Mr. Dobmeier if he
intended to correct the problem of the dogs breaking out. Mr,
Dobmeier stated that he would repair the weakness in the runs
within three weeks. Motion by Ms. Sikora, seconded by Mr. Helms
to find in violation of Appendix A ■ Sec. 6 06.3A2f , to give until
June 26, 1985 to correct violation and if not corrected to appear
before the board for possible assessment of fine, correction to
be verified by the Codes Enforcement officer. Motion carried by
a unanimous roll call vote.
Case Mo, 42, Ken Dobmeier ■ DBA County Club Pet World, 450 E.E.
Williamson Road, Longwood, FL. Violation of Appendix A, Sections
507.2A, 614.1B, 614.3A, Ch, 8.5, Secs. 8.5-2(4) (5) , 8.5-8(8) , Ch.
11, Sec. 11 -1. Secretary read the violation and officer Rossi
presented the case. officer Rossi stated the case was a
violation of filling a wet land and that trucks remained parked
on the site. He stated the question is whether the mound of dirt
was removed or flattened. He stated that there was expanded use
of property of a non - conforming use by allowing leasee to dump
fill on the property, Mr. Julian asked if there was a
topgraphic survey showing what the respondent did? officer Rossi
stated that he asked a question, if the dirt had been used for
fill, it would increase the elevation. He stated the respondent
expanded the use of the property to include a heavy duty trucking
firm. Mr. Julian asked why parking trucks on a piece of land is
a violation on property zoned commercial. officer replied that
it was not a permitted use. Mr. Julian stated that the citation
was issued to Mr. Ferraro and not Mr , Dobmeier and asked officer
Rossi when he first noticed the piles of dirt. officer Rossi
stated he first noticed the piles of dirt on May 1, 1985 and that
the dirt was gone at the end of May. Mr. Julian stated that the
dirt was put there by the employees of the City of Longwood. Mr.
Dobmeier stated that the City of Longwood asked permission at the
end of last year to dump dirt on his property and that the City
had dumped seven or eight piles of dirt. Mr. Dobmeier stated
that he knew by observing the piles of dirt that they were
blocking the pipeline and asked Mr. Ferraro to move the dirt
which contained hard materials. Ms. Sikora asked Mr. Dobmeier if
he had contacted the City? Mr Julian stated that Air. Dobmeier
had met with Mr. Terry and attempted to solve the problem but was
unsuccessful. Mr. Mark Kleibl► 517 Eastport Drive, was sworn
under oath. He stated that the noise from the trucks by having
their hoods continually raised and the slamming the truck doors
sounded like a cannon going off in the neighborhood. Mr. Julian
stated the property was zoned C -3 and was there before any
residential area. Mr. Korman asked the number of trucks and Mr.
Julian replied that there were four trucks. Mr. Korman stated
that the permitted use was for a office and not the parking of
heavy duty trucks. He stated typical office use would not allow
the parking of heavy duty trucks. He stated in C--3 zoning, the
parking of heavy equipment is not allowed. Mr. Julian stated
that the parking of commercial vehicles is allowed in commercial
zoning. Mr. Kleibl stated that the trucks were being started at
Codes Enforcement ^ ard Meeting- 6/4/85 Page 5
5:30 A.M. and this was a devaluation of his property. Officer
Rossi restated the fact that ordinance 495 stated heavy duty
trucks are not a permitted use. Motion by Ms. Martin, seconded
by Ms. Sikora to find in violation of Appendix A Section 507.2A
and give the respondent until June 19, 1985 to correct the
situation, following an inspection, if not in compliance to
appear before the board at the meeting of July 2, 1985. Motion
carried by a unanimous roll call vote.
Case No, 38, Michael Ferraro, DBA Ferraro Site Development, 471
E.E. Williamson Road, Longwood, FL and Ken Dobmeier, 450 E.E.
Williamson Road, Longwood, FL, owner of the property. Violation
of Appendix A. Sections 507.2A, 614.1B, 614.3A, 8.5- -2 (4) ( 5) r 8,5-
8(8), Chapter 11, Sec. 11 -1. Mr. Julian asked that Cases No. 42
and 38 be merged. Ms. Sikora asked if either side wished to
present additional information. Officer Rossi stated that Mr.
Ferraro was subleasing to D & M Trucking and that it was
agreeable to all parties that D & M Trucking would remove their
truck. Motion by Ms. Martin, seconded by Ms. Sikora to follow
the same procedures as in the previous case. Motion carried by a
unanimous roll call vote. Mr. Ned Julian asked that a copy of
the order for Case No. 41, 42, and 38 be mailed to him.
Case No, 3 9 , James Z, Craft, Eric Craft (minor) , Zack Craft
(minor) and Charlotte M. Harvey, owner of the property, 1200
Second Place Longwood, FL. Violation of Appendix A, Section
101, Subsection 101.1. Officer Rossi read the violation and
presented the case. He stated that the skateboard ramp was
constructed illegally. He presented exhibit #1, a letter stating
that skateboard ramps do not meet zoning criteria. Mr. Don
Marblestone, attorney for the respondent, objected to the charge
and stated that it was a violation of due process due to the two
hundred page ordinance and the vagueness of the charge. Mr.
Marblestone asked the board to move to dismiss the charges
against the minor children because they did not construct the
skateboard ramp. Motion by Ms. Sikora, seconded by Mr. Helms to
dismiss charges against minor children. Motion carried by
unanimous roll call vote. Mr. James Z. Craft, 1200 Second Place
was sworn under oath. Mr. Craft stated that he constructed the
house and skateboard ramp two and one half years ago and that a
Certificate of Occupancy was issued. A copy of the Certificate
of Occupancy was presented as evidence. Mr. Craft stated that
the house was inspected by Mr. Parker and that the skateboard
ramp was constructed when the inspection was made. Ms. Sikora
asked if a permit was issued for the skateboard ramp and Mr.
Craft replied no. Mr. Ron Reiley, 913 SR 434, was sworn under
oath. He stated he was the owner of the Connection and that he
sells three skateboards a day in Longwood. Mr. Korman stated
that skateboard ramps are prohibited in the City of Longwood.
Mr. Marblestone stated that skateboard ramps did not need a
building permit at the time the ramp was constructed. Mr. Korman
stated in his opinion skateboard ramps are not a accessory use to
a house. Mr. Marblestone stated that the incidental use was in
conformance at the time the skateboard ramp was constructed. He
stated that skate boarding and using of private ramps is becoming
a custom. Mr. Marblestone questioned the proper venure to the
Codes Enforcement Board and stated the City of Longwood should be
made to address the issue in an ordinance. Ms. Laura Raaflaub,
804 Eastgate Trail, was sworn under oath. She stated that the
City Commission stated that skateboard ramps were inappropriate
Codes Enforcement and Meeting - 6/4/85 page 6
in residential areas. Mr._ Marblestone stated that it was the job
of the City commission to pass an ordinance to regulate
skateboard ramps. Mr. George Bigelow was sworn under oath and
stated that on the advice of Mr. Dorman, there was an ordinance
that was enforceable and that the City Commission had reached an
agreement that would not allow skateboard ramps in a residential
area. Motion by Mr. Taddeo, second by Mr. Helms to dismiss the
case because skateboard ramps are not illegal. Motion carried by
vote of three to two with Mr. Taddeo, Mr. Helms, and Mr. Fleck
voting Aye and Ms. Sikora and Ms. Martin Noting Nay,
Case No. 40, Irene Haire, Paul Shaffer (minor) , 1175 Second
Place, Longwood, FL and Humbertd E. and Yolette M. Romero, owners
of the property. Violation of Appendix A, Section 101,
Subsection 101.1. Motion by Ms. Sikora, seconded by Mr. Helms to
continue case until next meeting on June 11, 1985 because Paul
Shaffer had to leave early because of final examinations. Motion
carried by unanimous roll call vote. The board instructed the
secretary to send a notice of public hearing for June 11, 1985.
4. Unfinished Business. None.
5. Presentation of Filed Affidavits of Violations.
Case No. 3 5 , Michael A. Patterson, DBA Mikes Fina, 1408
Meadowlark Street, Longwood, FL. Violation of Appendix A.
Sections 618, 618.4A and 618.4B. Motion by Ms. Sikora, seconded
by Ms. Martin to remove from the table. Motion carried by
unanimous voice vote. Officer Rossi presented the case.
Officer Rossi stated that the World Dictionary defined the
definition of commercial as operating for profit. Mr, Korman
stated that the heading in the code does not prohibit the truck.
Motion by Ms. Sikora, seconded by Ms. Martin to dismiss the case.
Motion carried by a unanimous voice vote.
Case No, 43, Evelyn V. Greenfield, 920 Alameda Drive, Longwood,
FL. Violation of Appendix A Sections 601.31 and 607.2. Officer
Rossi read the Affidavit of Violation and presented the case.
Officer Rossi stated that he received a call from a HRS counselor
who had observed ten children at the residence of 920 Alameda
Drive on May 20, 1985. Motion by Ms. Sikora, seconded by Ms.
Martin to find probable cause and that a public hearing be set
for June 11, 1985. Motion carried by a unanimous roll call vote.
6. New Business. Motion by Ms, Sikora, seconded by Mr. Helms
that fines for Danny and Janet Fuller, Case No. 19 and William T.
Pratt, Case No. 21 be waived. Motion carried by a unanimous
voice vote.
7. Adjournment. Meeting adjourned at 12:50 A.M.
fL
00 44C t
Walter Fleck, Chairman
Attest:
Ma y T plett, Secretary