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CEB_01-28-86_MinJanuary 28, 19 8 5 The Codes Enforcement Board of the City of Longwood, Florida met at 7 :30 P.M. Present: Maureen Sikora, Chairwoman Don Faulkner Charles Heffner Verma Martin Fred Ritter Lewis warren Paul Cougelman, Attorney Mary Triplett, Secretary Absent: Norman Jacobs 1. The meeting was called to order by Chairwoman Sikora. The secretary called the roll and all members were present except Mr. Jacobs. Mr. Jacobs had called the secretary and said that he was unable to attend the meeting. 2. Approval of Minutes - 12/10/85, 12/17/85 and 1/7/86. Motion by Mr. Heffner, seconded by Mr. Faulkner to approve minutes of December 10, 1985, December 17, 1985 and January 7, 1986 as submitted. Motion carried by a unanimous voice vote. 3. Public Hearings. a. Initial Hearings Case No, 52, Ken Dobmeier, DBA Country Club Pet World, 450 E.E. Williamson Road, Longwood, FL 32750. Violat ion of City Code, Chapter 12 Section 12-2(5) and Appendix A Section 606.3Af. . Secretary read case number, name of respondent and the address of property where violations exist. officer Rossi, Mr. Ken Dobmeier, Mr. Bruce Heinzen and Mr. Anthony Martin were sworn under oath. Officer Rossi stated his qualifications and presented the case. He stated that animals were permitted to run loose for the third time and stated this was a repetitive violation. He stated that official action was taken July, 1985, officer Rossi presented seven exhibits and explained their content. Mr. Dobmeier stated that he was the owner of Country Club Pet World. He stated that he has given the Longwood Police dispatcher several numbers for them to contact him if there is a problem. Mr. Dobmeier stated that he paid over time to his employees to come back and lock the doors. He stated his employees are on call and one of them has a beeper. Mr. Dobmeier stated that he had never been notified of any problem and his first notification was notice of hearing. He stated that he has hired a night watchman and has tried to do everything possible to solve the problem. Mr. Dobmeier stated the problem comes from the residents of Southport Drive and stated that the Longwood Code states that no resident should be located within 150 feet Codes Enforcement Board Meeting - 1/28/86 Page 2 from a kennel and there are homes 12 feet from the kennel. He stated that no buffer was installed and asked if FRC could be held liable* Mr. Heinzen stated he was manager of the kennel for Mr. Dobmeier and that he has done maintenance to the kennel. He stated that he has re- enforced the steel doors, installed ventilation fans to cool the kennel. Mr. Heinzen stated that he has instructed the kennel workers to check that no dogs were left out. He stated that he has given the phone number to Seminole County Sheriff Department and the city d ispat the r . Mr. Martin stated that he lives on Southport Drive, He stated that he has not heard any noises recently and feels there has not been a noise problem for over two years. Officer Rossi's recommendation was a $100.00 fine for each time the Longwood Police were called to the Country Club Pet World. Mr. Gougelman asked that the record reflect that Officer Rossi had submitted exhibits 1 -7 to the clerk. Chairwoman Sikora asked Mr. Dobmeier to check with the dispatcher to make sure they had the correct number and to post the number on the property. Chairwoman Sikora recommended that after a warning notice is posted that it could also be hand delivered or mailed to insure that Mr. Dobmeier is notified. Mr. Faulkner asked if it was proper to address the issue of the two houses that violate the code. Mr. Gougelman stated that Mr. Dobmeier was cited on specific violations and the construction of a wall does not have any effect on the violations and suggested that Mr. Dobmeier approach the City Administrator about the wall or discuss it with his attorney. Mr. Warren stated that FRC and the people that bought in that area have created their own hardships and to impose a fine every time that the police are called is unfair. Motion by Mr. Faulkner, seconded by Mrs. Martin that based on the testimony and evidence presented in the case to find the respondent guilty of violation of City Code, Chapter 12, Section 12-2(5) and Appendix A, Section 60 6.3Af and that a fine of $50.00 be imposed and that the fine be rescinded and a $25.00 fine be imposed for each recurring violation. Motion failed by a vote of 4 to 2 with Mr. Ritter, Chairwoman Sikora, Mr. Heffner and Mr. Warren voting "nog' and Mr. Faulkner and Mrs. Martin voting "yes." Motion by Mr. Ritter to dismiss the case. Motion seconded by Mr. Warren for the purpose of discussion. Mr. Warren stated that interested parties would be at the meeting if there was a real problem. Chairwoman Sikora stated that if the case was 5 Aft Codes Enforcement Board Meeting - 1/28/86 Page 3 dismissed and the problem recurred, a whole new case would have to be brought before the board, Motion failed by a vote of 4 to 2 with Mr. Faulkner, chairwoman Sikora, Mr. Heffner and Mr. Warren voting "no" and Mrs. Martin and Mr. Ritter voting "yes." Chairwoman Sikora passed the gavel to Vice Chairman Ritter and made a motion, seconded by Mr. Heffner to find the respondent in violation on August 23, 1955 and October 25 1955 of the City Code, Chapter 12 Section 12-2(5) and Appendix A Section 606.3Af and that the case remain open for six months from the date of the hearing and if any time a violation occurs, the case is to be brought before the board. Motion carried by a vote of 5 to 1 with Chairwoman Sikora, Mr. Heffner, Mr, Faulkner, Mrs. Martin and Mr. Warren voting "yes" and Mr. Ritter voting "no." b. Final Hearings Case No . 45, Warren C, Drummond, Jr . Longwood, FL 32750. Violation of City 22 -28. Secretary read case number, address of property where violations previously sworn under oath and Mr. sworn under oath. 717 East church Avenue, Code, chapter 22, Section name of respondent and exist. Officer Rossi was Warren Drummond, Jr. was Officer Rossi showed a video of the property. He stated that two vehicles and a tar pot remained on the property and the accumulation of debris remained on the property which was a violation. Lt. Patrol Commander Mark Smock of the Longwood Police was sworn under oath. He stated that a yellow van and greyish Toyota that were unregistered had been on the property for six months. He stated that there had been a problem with the Drummond's property since September 1978, Chairwoman Sikora stated that the board has taken action. Mr. Drummond stated that the other charges were made against his father and his first charge was in December, Mr, Drummond stated that he had intentions of being in compliance but the vehicles belonged to his brothers. Motion by Mr. Heffner, seconded by Mr. Ritter to have the city tow the vehicles from the property and towing charge be assessed against the owners of the vehicles. Mr. Cougelman stated the board doesn't have the authority to order that the vehicles be towed and can only fine the respondent. Mr, Heffner withdrew his motion and Mr. Ritter withdrew his second. Motion by Mr. Faulkner, seconded by Mr. Ritter that based on the testimony and evidence presented in case No. 45 to find that the respondent, Mr. Warren C. Drummond, Jr., has failed to comply with this Board's order rendered December 10, 1985 and to order that the respondent pay to city of Longwood■ Florida. an administrative fine in the amount of $875.00 assessed as of this A$' Codes Enforcement Board Meeting - 1/28/86 Page 4 date and impose an administrative fine of $25.00 for each and every day until an affidavit of compliance is filed. Mot ion carried by a unanimous roll call vote. Chairwoman Sikora asked that Mr. Drummond appear before the board when he was in compliance and the board would consider reducing the fine. Case No. 49, Richard Webb, DBA The Other Phone Man, 1676 N. CR 427, Longwood, FL 32750. Violation of City Code, Appendix A, Section 621.3A (5) , 621.3B and 621.4D. Secretary read case number, name of respondent and address of property where violations exist. Mr. Richard Webb was sworn under oath. Chairwoman Sikora stated that officer Rossi was previously sworn under oath. Officer Rossi presented the case and stated that the sign had been moved into a parking space because of inadequate ground space at the Baywood Center. He stated the sign should be placed parallel with the road. Chairwoman Sikora stated that an affidavit of non-compliance needed to be filed. off ice r Rossi stated that respondent was in violation of City Code ■ Appendix A, Section 621.3A(5) and 621.3B. Officer Rossi stated the sign was presently located on the City's right-of-way. Mr. Webb stated that he understood that he was in compliance. He stated that the law stated a five foot setback and he moved his sign five feet back. Chairwoman Sikora asked Officer Rossi if respondent was in compliance on December 17 1985 and officer Rossi replied that he was in compliance on December 17, 1985. Chairwoman Sikora stated that the respondent was technically in compliance with the order and if the sign is in violation now, it should be brought back before the board. She stated an affidavit of compliance should have been issued. Mr. Webb stated that the police tried to serve papers to him at his -place of business four times but he picked up the papers at the Police Department and was told by Officer Rossi that he was in compl iance. Motion by Mr. Faulkner, seconded by Mr. Warren that the respondent was in compliance on December 17, 1985 and the case be dismissed without prejudice. 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), 621,3B and 6 21.4D . Secretary read case number, name of respondent and address of property where violations exist. Chairwoman Sikora stated that Officer Rossi had filed an Affidavit of Compliance. Motion by Mr. Heffner, seconded by Mr. Faulkner to dismiss without prejudice. 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