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CEB_12-10-85_MinA F� December 10, 1985 The Codes Enforcement Board of the City of Longwood, Florida met at 7:30 P.M. Present: Maureen Sikora, Chairwoman Charles Heffner Norman Jacobs Ve rma Martin Fred Ritter Lewis warren Paul Gougelman, Attorney Mary Triplett, Secretary Absent: Don Faulkner 1. The special meeting was called to order by Chairwoman Sikora. The secretary called the roll and all members were present except for Mr. Faulkner. The secretary stated that Mr. Faulkner had called and said that he would be late. Mr. Faulkner never arrived at the meeting but stated this was a possibility and had asked to be excused. 2. Approval of Minutes - 10/10/85, Mot ion by Mrs. Martin, seconded by Mr. Jacobs to approve minutes of October 22, 1985 as submitted. Motion carried by a unanimous voice vote. 3. Reports. Adoption of Rules and Regulations. Mr. Gougelman recommended that Article IX, Section 4 be changed to read "If the Code Inspector or City Official files an affidavit of compliance, the Secretary of the Board shall report to the Board." Mr. Gougelman also recommended that the words, "but not limit the Board as a whole from going to the site" be added to Article X. Section 2. Motion by Mrs. Martin, seconded by Mr. Ritter to adopt the Rules and Regulations as modified. Motion carried by a unanimous voice vote. Adoption of new forms. Chairwoman Sikora recommended that the secretary schedule a work session early next month to discuss the procedures and forms. It was the consensus of the Board that a work session be scheduled. Letter from Mr. Ken Dobmeier. The secretary informed the Board that Mr. Dobme ie r was scheduled for a hearing on December 17, 1985. Mr. Gougelman brought the Board's attention to the last sentence of Mr. Dobmeier's letter, inviting any members of the Board to meet with him or call him to discuss a solution to the problem, and stated that this would violate the rules and regulations of the Board, and would be legally improper aside from any specific provisions in the rules and regulations. Chairwoman Sikora recommended that action be taken on December 17, 1985 on the letter from Mr, Dobmeier. It was the consensus of the Board that action be taken on Mr. Dobmeier's letter on December 17, 19550 4. Public Hearings. a. Initial Hearings Codes Enforcement Board Meeting - 12/10/85 Page 2 Case No. 45, Warren C. Drummond, Jr., 717 East Church Avenue, Longwood, FL 32750, Violation of City Code, Chapter 12, Sections 12 -1, 12 -2 (1) , ( 2) . ( 3 ) and Chapter 22, Section 22-28. Officer Rossi and Warren C. Drummond, Jr. were sworn under oath. officer Rossi stated he was a Police Officer for five years and a Codes Officer for two years. Officer Rossi stated the violations and presented the case. He stated that he reinspected the property on December 10, 1985 and the grass was mowed but the vehicles remained. Mr. Drummond stated that he would move the vehicles in a couple of weeks. Mr. Jim Macon was sworn under oath and stated that he lives across the street. He stated that the Drummond' s house has broken windows and the roof leaks and needs a lot of work. Mr. Macon stated that he has built a $150,000 duplex across the street and it is difficult to lease because of the condition of the Drummond's house. Motion by Mr. Warren, seconded by Mr. Jacobs to find the respondent in violation of City Code, Chapter 22, Section 22 -28 that violation be corrected by December 24, 1955 if not corrected, impose a fine of $25.00 a day effective on December 25, 1985 and the respondent reappear before the Board at the next meeting in January and that the case will remain open for six months. Motion carried by a unanimous roll call vote. Case No. 45, Worth T. Hauser, 162 East Pine Avenue, Longwood, FL 32750. Violation of City Code, Chapter 12, Sections 12-2(2) , ( 3 ) and Chapter 9, Section 9 -20. Worth Hauser was sworn under oath. Officer Rossi stated the violations and presented the case. Officer Rossi stated that he had reinspected the property on December 10, 1985 and that the property was clean except for an old stove and two trailers. Mr. Hauser stated the trailer was used to transport cars and that he had moved the trailer and mowed the grass. Motion by Mr. Heffner, seconded by Mrs. Martin that the respondent be found in compliance but to keep the case open for six months and if violation reoccurs that respondent reappear before the Board. Motion carried by a unanimous roll call vote. Case No, 47, Vito Stramondo DBA Mass Restaurant Equipment, 705 Industry Road, Longwood, FL 32750, Violation of City Code, Appendix A ■ Sections 101.1 400,2A, 403.2C (l) ■ and 403 .2D (1) . Officer Rossi stated the violations and presented the case. He stated he reinspected the property on December 10 1985 and the respondent was in compliance except for a large steel sink that remained on the property. Officer Rossi asked for dismissal of the case but to keep the case open for six months. Mr. Gougelman stated that there was a service process problem and referred to ordinance No. 716, Section 2-- 13 9 ( a ) and ( j) . Chairwoman Sikora recommended that the hearing be continued until the respondent was legally notified. It was the consensus of the Board that the case be continued until the respondent was legally notified. Case No. 48, John and Gloria Schneeman r DBA Schneeman and Associates ■ 1736 N. CR 427. Longwood FL 32750. Violation of City Code, Appendix A, Sections 101,11 400.2A, 403 .2C (13) , 403,2D, 507.4A and 616.31. Gloria Schneeman, Nicholas Casiell and B. D. Simpson were sworn under oath. Officer Rossi stated violations and presented the case. He presented exhibits 1 -15. Officer Rossi reinspected the property on December 10, 1985 and stated that a platform for the dumpste r was poured but that it still was on the right-of- way, Mr. Gougelman asked that exhibits 1 -15 be made a part of the record. Officer Rossi stated that there are many bags of garbage outside the perimeter of the dumpster and it appeared as if garbage was thrown at the Aoft• Codes Enforcement Board Meeting - 12/10/85 Aak Page 3 dumpster. Bruce Blackwell, King and Blackwell, 25 E. Pine Street, Orlando, FL, represented the Schneemans. He stated concrete turf pads were placed in the proper place and that the Building Official told his clients where the pads should be located. He stated his clients were never cited on enclosing the dumpsters. Mr. Blackwell stated that if the dumpster was enclosed, unauthorized personnel would drop garbage outside the fence and this was not the solution. Mrs. Schneeman stated that the Building Inspector was called to the site and the pad was laid exactly where the Building Inspector indicated. Mr. Heffner asked what was the advantage or disadvantage of an enclosure. Mr. Casiell, representative from IWS, 555 Hope Street, Longwood, FL, stated an enclosure may or may not help because of the location of the dumpster. He stated that the location was close to the road and a residential area. Mrs. Schneeman stated that the type of person that would take their garbage in the car to the shopping center would put it outside the fence. She stated the problem was not too much trash but the trash was not in the dumpster and that the garbage trucks dump the trash three times a week. She stated that she has written several memos to the tenants of the shopping center. Mr. Blackwell presented exhibits 1 -4 for the defense. Mr. B. D. Simpson stated that duplicate site plan presented as exhibit 2 was approved on May 18, 1983. He stated that the pads are inside the property lines and the entrance to the pads are on the right -of -way where they should be. He stated that he was a consultant on the site plan. Mr. Gougelman asked if there were any conditions attached to the site plans. Mr. Simpson stated two things, the location of pads because the alley way was not wide enough to drive through so they had to move the dumpsters and they had to provide a ten foot buffer abutting the residential area. Motion by Mr. Heffner, seconded by Mr. Ritter that case be dismissed and recommend the hiring of a maintenance man to clean up daily. Motion carried by a unanimous roll call vote. Case No. 49, Richard Webb, DBA The Other Phone Man, 1676 N. CR 4 27 , Longwood, FL 32750, Violat ion of City Code, Appendix A, Sections 621.3A(5) , 6 21.3 B , 621.3D and 621.4D. Richard Webb was sworn under oath. Officer Rossi stated violations and presented the case. officer Rossi stated that he had reinspected the property on December 10, 1985 and the sign was at the same location. He stated that the phone man message was on one side of the sign and a message from The other Computer Store was on the other side. Mr. Webb presented exhibit 1, and stated he had expected the sign company to abide by the laws, He stated the sign is owned jointly by him and Mr. Brock. Mr, Webb presented exhibit 2, pictures of other signs in violation and stated that he was being singled out. officer Rossi stated that the sign was located on the right-of-way. Mot ion by Mr. Warren, seconded by Mr. Heffner to find respondent in violation, that violation be corrected by December 17, 1985, if not corrected, impose a fine of $5.00 a day effective on December 18, 1985 and the respondent reappear before the Board at the next meeting in January. Motion carried by a unanimous roll call vote. Case No. 50, Paul Brock, DBA The Other Video & Computer Store, 1680 N. CR 427 , Longwood, FL 32750, Violation of City Code, Appendix a, Section 621,3A(5) o , 621.3B, 621.3D and 621.4D. Paul A. Brock was sworn under oath. Officer Rossi stated the violations and presented the case. Officer Rossi stated that he reinspected the property on December 10, 1985 and the sign was located on the right -of -way. Mr, Brock stated right -of -way is unwritten law Codes Enforcement Board Meeting - 12/10/85 ro Page 4 and questioned where the right-of-way was located and that he was not in violation. Mr. Brock stated that City Police cannot control county right -of- way. Motion by Mr. Heffner, seconded by Mr. Jacobs to find the respondent in violation, that violation be corrected by December 17, 1985 if not corrected, impose a fine of $5,00 a day effective on December 18, 1955 and the respondent reappear before the Board at the next meeting in January. Officer Rossi stated that the city Police have jurisdiction over CR 4270 Chairwoman Sikora instructed the secretary to furnish Mr. Brock and Mr. Webb information on the location of the right-of-way. Mot ion carried by a unanimous roll call vote. b. Final Hearings -- None. 5. Unfinished Business (continued cases ) Case No. 34, Frank J. and June J. Sobotka DBA JCL Land Clearing, Inc., 268 Park Avenue, Longwood, FL 32750. Mr. Gougelman stated that technically there was a outstanding fine. Motion by Mr. Heffner seconded by Mrs. Martin to rescind the fine and close the case. Motion carried by a unanimous roll call vote. 6. old Business (foreclosures) None. 7. New Business Other Than Public Hearings, None. 8. Adjournment. Mr. Heffner commended Officer Rossi for action taken without a complaint. Motion by Mr. Warren, seconded by Mrs. Martin to adjourn meeting. Motion carried by unanimous voice vote. Meeting adjourned at 11:00 P.M. Maureen Sikora, Chairwoman Attest: Mar Tr plett, Secretary