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CEB_08-22-89_MinThe Code Enforcement Board of the City o f Longwood, y Florida met on August 22, 1989. Present!. Pat Corbin, Chairwoman Betty Mac Dowe 11, Vice Chairwoman George Holleman Sondra Lomax James Perry Jim Duncan Cathy Price, Code Inspector Chris Nagle, City Planner Martha Tyler, Recording Secretary Richard Baldy (Attorney for Mr, & Mrs, Frank Sobotka) Kenneth Lester ( Attorney for Mr. Darrell Coker) Absent : Maureen Sikora ( excused due to illness) 1. The meeting was called to order at 7 :33 p.m. by Chairwoman Corbin. 2. The secretary called the roll. Ms. Sikora had notified the secretary prior to the meeting that she was ill and would not be able to attend. 3. Approval of Minutes : Motion by Ms. Lomax, seconded by Ms MacDowell to approve the minutes of May 23, 1959. Motion carried by a unanimous roll call vote. 4. Reports - None 5. Public Hearing: A. Initial Hearings: CEB -1015 - JCL Landclearing , Inc. Frank Sobotka, President June Sobotka, Vice President 268 Park Avenue Longwood, Fl 32750 Violation o� Zoning ordinance 495, Section 620.20, Chapters 12, 12- 1(3 )(6 )(4) and Section 809 of the Arbor ordinance. Ms, Cathy Price, Code Inspector, was sworn in and she presented the case. She stated that Mr. Sobotka was originally contacted in April of this year regarding the large piles of dirt that were stockpiled on his property, the Florida Power easement, and land on the East side of South Wilma which Mr. Tom Binford is Trustee of. A followup letter was sent to him on May 10, 1989, stating all the violations, the manner in which he would have to comply and he was given a week's extension for the violations to be brought into compliance. She further stated that on June 15, 1989 she visited the site again and found he had added to the stockpiling and in addition had excavated a large portion of the Florida Power -2-- Corporation easement now causing a very hazardous condition due to the size of the hole he had dug, deep enough to partially conceal a large piece of construction equipment. She stated that Mr. Bud Raihl of Florida Power Corporation was advised of the situation and he contacted Mr. Sobotka, demanding that the excavation be filled. The City received a letter from Mr . Ri z ka llah of Florida Power stating that Mr. Sobotka advised him the excavating would cease and the stockpiled dirt would be removed. Ms. Price presented pictures taken August 22, 1389 showing he had again excavated several feet deep, After Mr. Sobotka did not respond to the compliance date of June 26th for correcting the situation, on July 13, 1989 she sent a Notice of violation and Notice of Hearing with the hearing date being July 25, 1989, however she was unable to contact Mr. Binford to serve Notices to him. Mr, Sobotka' s attorney requested a continuance which has resulted in tonight's meeting. She further stated that she had been unable to deliver the Notices to Mr. Binford, but was able to deliver them to Mr. George Hollingsworth, property manager for Longwood Business Center which Mr. Binford is a trustee o f . The next day Mr. Hollingsworth notified her that Mr. Binford had written a letter to Mr, Sobotka requiring the stock- piling be completely removed from their property. Her inspection on August 22, 1989, revealed some dirt on the Binford property, a large hole excavated again on the Florida Power easement, and the equipment still outside the JCL fence. Mr. Nagle said the pile of dirt could be permitted providing it is screened from the street and other abutting property lines and it is covered in order to keep the dust down and it is no higher than 7'6 ". Mr. Perry stated the ordinance prohibits storing lumber, which is heavier than mulch or dirt, therefore they should not stock pile under any condition. He further stated it is apparent Mr. Sobotka doesn't want to cooperate in any manner. Mr. Richard Baldy, , attorney for Mr, & Mrs, Sobotka, said he was representing the Sobotka' s and JCL Land Clearing. Chairwoman Corbin asked him to be sworn in if he was going to testify in Mr. Sobotka' s behalf. He stated he was not a witness to the proceeding and refused to be sworn in and stated he had a Motion to Dismiss the case. He quoted from Section 162 of the Florida Statutes, saying the Code Enforcement Board was unconstitutional, violated Article 5, Section I of the Florida Constitution, as well as Article 2, Section 3 of the Florida Constitution, He further stated that the codes and ordinances that Mr, Sobotka alledgely has violated are vague and ambiguous and they too are unconstitutional, He said this board had no authority to rule on any of the constitutional questions that have been raised. -3- Mr. Taylor stated the Florida Appelate Courts have ruled that Code Enforcement Boards are constitutional and they should continue the case and if Mr. Baldy wishes to challenge the constitutionality in the circuit court he has the legal right to do so. Mr. Taylor advised that the case proceed. Motion by Ms. Lomax seconded by Ms. MacDowell to proceed with the case. Motion carried by a unanimous roll call vote. Motion by Mr. Perry seconded by Ms, MacDowe ll that the Board find Mr. & Mrs. Sobotka and JCL Land Clearing Inc. in violation of City of Longwood ordinance 495, Section 620 . C , Chapters 12, 12-1(3)(6) and Section 809 of the Arbor Ordinance. Motion carried by a unanimous roll call vote. Motion by Ms. Lomax seconded by Mr. Perry to give Mr, & Mrs, Sobotka and JCL Land Clearing, Inc. thirty days to compy competely. Motion carried by a unanimous roll call vote. Mrs. Corbin stated that Ms. Price should bring back to the Board visual evidence of his complying at the end of thirty days. Motion by Ms. Lomax, seconded by Mr. Perry that at the end of thirty days if Mr. Sobotka does not comply he will be fined $200.00 a day. Motion carried by a unanimous roil call vote. CEB - 1017 - Darrell T. & Barbara G. Coker 680 W i ldme re Avenue Longwood, Florida 32 750 Violation of Zoning ordinance 495, Sect ion 501,2A, Chapter 12, 12 -1 (6) & 12 -2 (9 ) Ms. Price, still under oath, presented the case. She stated that over a year ago she had been contacted by several residents in reference to a business that Mr. Coker was running from his re s idence at 680 Wi ldmere Avenue causing serious traffic problems. She investigated and notified him that if he was operating a business it would have to cease. Mr. Coker explained that his hobby was restoring and bronzing statues and that he was not running a business. A few months ago she stated Mrs, Woodson, Mr, Emory and Mrs. Williams again complained that there were numerous deliveries being made to this address. Ms. Price stated that recently a Longwood Police officer, Jeanette Ratner, told her that she had been called to Mr. Coker ' s residence due to an alarm being - 4 - triggered in error and while there he had shown her partner and her through his garage, describing the contents as his business, Ms. Price stated that although Mr, Coker was issued a Notice of Violation with a compliance date of August 9, 1989, which he failed to comply by, she had received a copy of a lease from Mr. Kenneth Lester, who is the attorney representing Mr. Coker, stating that he was relocating. on August 19, 1989 she observed Mr. Coker was in the process of removing articles from his garage and was later told by him that he would be operating from his new location by the following Monday, although he might not have all of the items out by then. Ms. Price suggested to the Board that he be given a week to move the balance of the items from his studio on Wildmere. She further stated that if the Board determined that he had been operating a business from the location that he be required to pay the license fee for those number of years that he had operated without a license. Mr, Kenny Lester was sworn in and asked for a continuance stating that Mr. Coker has rented a warehouse, however he would not be able to move the large marble bases, his collection of bronze statues and his two limousines. Mr. Coker applied for a home occupational license on August 11, 1989 but was denied the license due to the nature of his business. Several of the Board members commented that they had observed semi- trucks blocking the road in front of his home sometimes as late as 5 :15 p.m. Mr, Denny Emory was sworn in and stated that he resided at 1005 Oxford Street, Longwood, Fl. He stated he had seen Mr. Coker' s employees come and go from the Wildmere address and about a year ago had brought pictures into City Hall of this activity. Ms. Patricia Woodson was sworn in and stated that she resided at 603 Wildmere Avenue, Longwood, Fl. She stated she had seen 18 wheeler semi - trucks going into Mr. Coker' s driveway, a fork lift, and trucks with air horns that nearly blasted her out of her home when they were trying to get someone to open the gates. Ms, Barbara Williams was sworn in and stated that she owned rental property at 621 Wildmere Avenue, Longwood, F1 and resided at 627 Wildmere Avenue, Longwood, Fl. She stated that on June 10, 1989 at 11:35 p.m. a car with tinted windows was parked in her driveway and after that she put up "no trespassing" signs. on July 26, 1989 she stated she observed, from another driveway on Wildmere Avenue, between 4:00 - 6 :00 p.m. a large white panel truck coming out of Mr. Coker' s driveway, later she noticed a corvette followed by five other cars exiting his property. She said she had seen semi- trucks parked on the City right-of-way loading and unloading huge crates and cartons. Mr. Perry made a motion seconded by Ms. Lomax to find Mr. Coker in violation of the City of Longwood' s Code of ordinance 495, Section 501.2A, giving him two weeks to remove all materials and items to his new location. He is not permitted to do any business from the present location within that time, If he does not comply he will be fined $200 per day. Motion by Mr. Perry seconded by Ms. MacDowell to adjourn the meeting. Respectfully submitted, Martha Tyler Recording Secretary ON Ad%