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CEB_10-30-89_MinThe code Enforcement Board of the City of Longwood, Florida met at 7-:00 p . m, on October 30, 1989, Present-: Pat Corbin, Chairwoman Betty MacDowell, Vice chairwoman Sondra Lomax Jim Duncan Maureen Sikora Cathy Price, code Inspector Martha Tyler, Recording Secretary Richard Taylor, City Attorney Absent: James Perry George Holleman (excused) SPECIAL MINI - SEMINAR Mr. Taylor discussed the changes in the Amendments to the code Enforcement Laws, chapter 162, Florida Statutes. He presented copies to the members and reviewed changes and deletions that have been made. Ms, Corbin questioned why someone needs to be brought before the Board if they come into compliance. Mr. Taylor stated the Statute provides that even if someone comes into compliance they should have the hearing, and if the Board decides not to fine them at that time should the violation occur again it would now become a repeat violation and the fine would be retroactive from the date first fine was given. Mr, Taylor also pointed out that once a lien on someone's property has been filed there is only a three months waiting period now instead of six months, as before, that they can be foreclosed on. He also stated the lien is now good for 20 years instead of 5 years . REGULAR MEETING The meeting was called to order at 7 : 3o p.m. by chairwoman Corbin, Ms. Price was sworn in. She stated CEB -1021 , 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032 , 1033 , and 1034 had come into compliance and CEB 1022, 1023, 1024 and 1035 were still outstanding. PUBLIC HEARING ON OUTSTANDING CASES: CEB 1022 - William & Frances Dane George Whit f ield d /b / a Barfield Fence 321 & 325 Dane Lane Longwood, F1 32750 Violation of Zoning Ord. #495, Chapter 12, 12 -2 ( 1)(2)(3) Ms. Price stated that Mr. & Mrs, Dane had just received their certified letter today. Ms, Sikora asked if the Dane's waived any regu latories in service and asked if they were prepared to present their case. They stated they were not prepared., Motion by Ms, Sikora, seconded by Ms. Lomax that in view of the fact that there may be a problem with service in this case, the case should be continued until the next regular meeting on November 28, 1989. Motion carried by a unanimous roll call vote. CEB 1023 - William & Mary Demetree, Trustee 311 Dane Lane Longwood, F1 32750 Violation of Zoning Ord. #495, Sect ion 620.2C Ms, Price stated there were several Demetree's involved in the Industrial Park. She stated she had served the Notice of Violation to the tenants, William & Mary Demetree, and mail service was sent to David Demetree, the property owner. Ms, MacDowell asked Ms. Price when the certified mail was sent out for the Notice of Violation and she stated she had sent it out on October 17th. Mot ion by Ms, Sikora, seconded by Ms. MacDowell that in view of the problem with service on this case, as well as the confusion in the name of the respondents, the case should be continued until the next regular Code Enforcement Board meeting on November 28, 1989. Motion carried by a unanimous roll call vote. Mr. Taylor advised Ms. Price that to avoid the confusion of delivery that in the future Notice of Violations should be done by hand delivery. CEB 1024 - Dump All, Inc. Dale Bilthouse, General Mgr. 311 Dane Lane Longwood, Fl 32750 Violation of Zoning Ord. #495 Section 620.20, Chp. 12, 12 -2 ( 1) Ms. Price stated the original letter of violations had been sent out on September 31st to Mr. Bilthouse and the Texas office. She further stated that Mr. Bilthouse had called her several times and she had thought they would be in compliance by today, however there are still four modular sections on the property. All of the other violations have been corrected. Mr. Kyle Ebe rlin , Operations Manager, 4629 Cason Cove Drive, Orlando, Florida, was sworn in by the secretary, He stated one more modular section had been removed this afternoon and the other three would be removed Tuesday, October 31st. He admitted that he was in violation and needed additional time to remove the other modular sections . Motion by Ms. Sikora, seconded by Ms. Lomax, that Dump All, Inc. is in violation of Section 620.2C of the Codes of the City of Longwood and that the violation should be brought into compliance within seven days; if the violation is not brought into compliance within that period of time a fine of $250.00 will be imposed for each and every day that the violation exists. Motion carried by a unanimous roll call vote , CEB 1035 -- IWS ( Tenant) and John & Helen Hage 1099 Miller Drive Altamonte Springs, F1 32701 Violation of Zoning Ord. 495, Section 620 .2C , Chapter 12, 12 -1 (4) , Chapter 12, 12-2 ( 1) (G ) Ms. Price presented the case stating IWS had not come into compliance on any of their violations. She stated IWS is leasing property from Mr, Hage on Highline Drive and IWS is storing their dumps ters until they are able to move them back onto their property on Hope Street, because they had a problem with DER not releasing the property due to an environmental problem that had occurred on Hope Street. This had also prevented them from cutting the high weeds and repairing the fence. Ms. Price stated IWS is able now to move the dumps ters back to their property on Hope Street and the Hage property can be cleared up allowing them to come into compliance. Ms, Sikora asked Ms, Price how long she thought it would take them to come into compliance and Ms. Price stated that after talking to Mr. Bazinett, IWS operations Manager, today she feels the property owned by IWS should be ready by the end of the week for them to move their dumps ters back on the property and all the violations should be taken care of within thirty days. Ms. Sikora stated she would like to hear from the respondent, however no one was present to represent them. Ms, Lomax made a motion that IWS would have thirty days to come into compliance and if they do not come into compliance that a fine of $250.00 per day be imposed. Ms. Sikora stated she would like to amend that motion to read that they be found in violation of each section as cited* Chapter 12, 12--1 (4) Chapter 12, 12-2 (1) (6) , and if they fail to comply that a fine be imposed for each violation in the amount of $250 per day. Chairwoman Corbin accepted the amendment. Motion was seconded by Mr. Duncan. Motion passed with a unanimous roll call vote. UNFINISHED BUSINESS CEB 1002 - John F. Hepp 1402 Robin Court Longwood, F1 32750 Violation of Zoning Ord. 609.3A 1(c) , Chapter 12, 12 -1 (1) (3) (6) & Chapter 12, 12 -2 (1 )(2 )(3 ){10) Ms. Price stated a letter had been sent to Mr. Hepp on July 25, 1989 but was returned on August 14, 1989. A Longwood Police Officer made several attempts, with no success, to deliver a Notice of Violation during August and early September. Since he could not be served in time for the September 26th meeting he was scheduled again for this meeting. Ms. Price said she had spoken with Mr. Hepp in the interim and he has agreed to let the City mow the property. She spoke to the City Administrator and he agreed to having the City go in and mow, however after speaking with the City Attorney he said we would have to get a release from the property owner first. She stated she left a note for Mr, Hepp to sign giving the City permission however he never sent the note back. Mr. Hepp' s son signed for the Notice of Hearing on October 18th. Ms. Sikora stated that Mr. Hepp had been found to be in violation at the June 28, 1988 Code Enforcement Board meeting. She asked Ms. Price how many of the violations were repeat violations and it was determined all of them were and he had been in violation for several years. She further stated that a lien should be filed against his property for failing to comply when action was taken several months ago, Ms. Price stated when she last spoke with Mr. Hepp that he told her there are several liens on his home. The Board decided a lien should still be placed because he may own other property besides his home. Motion by Ms. Sikora seconded by Ms. Lomax that a fine of $250.00 a day be imposed from date of last order that Mr. Hepp did not come into compliance by. She further moved that the order imposing the fine be recorded as a lien in the public records against the property in violation and against any other real or personal property owned by the violator. Motion carried by a unanimous roll call vote, CEB - 1015 - Frank Sobotka, President June Sobotka , Vice President JCL Land Clearing, Inc. 268 Park Avenue Longwood, Fl 32750 Violation of Zoning Ord. 495, Section 620 .2C , Chapters 12, 12-1(3)(6)(4) and Section 809 of the Arbor Ordinance Ms. Price stated she had good mail service on Ms. Bonna Duncan, property owner. On Longwood Commerce center, George Hollingsworth, Director, was served in the absence of Cecil Moore the registered agent. She stated she has not been able to make service on Mr. Binford who owns one -third of Longwood Commerce Center, Inc., according to the records in Tallahassee. The only address for Mr. Binford is a post office box and an office in winter Springs that she stated he is rarely at. The only service for Longwood Commerce Center was with George Hollingsworth. Ms, Price stated the papers for Mr. and Mrs. Sobotka were served. to Ms. Barbara Price, Mr. Jones secretary, on the advice of Mr. Jones. She stated she had spoken with Ms. Bonna Duncan since our last Code Enforcement Board meeting regarding piles of dirt on her property, She further stated Ms. Duncan had asked Mr. Sobotka to clear the property and he had told her it would be completely cleared by October 27, 19 8 9 . Ms. Price said she received a letter today stating she had not been able to get in touch with Mr. Sobotka other than her original letter, Ms. Duncan stated that due to the earthquake she had not received the violation until around October 19th and when she received the Notice of Formal Hearing she assumed it would make the summons for her appearance unnecessary due to the fact that Mr. Sobotka had told her he would have the dirt piles leveled by the 27th of October. Ms. Price stated after examining the property today it has not been leveled. Some dirt has been added to the Longwood Commerce Property and the violation still exists on lot 28, Ms. Price clarified for Ms. Corbin that if the heavy equipment was going to be lef t on the property that it should be screened. Mr. Michael Jones spoke as a representative for Mr. & Mrs, Sobotka and stated that his clients had never received a Final Order. Due to a misunderstanding as to who should have sent the Final Order to Mr. Sobotka it was evident that the motion that had passed by a unanimous roll call vote on August 22, 1989, ruling that at the end of thirty days if Mr. Sobotka did not comply he would be find $200.00 per day, had never been reduced to writing and mailed to the respondent. Mr. Jones further stated that the Code Enforcement Board does not have the authority to rule or question the constitutionality of the State Statute or the City ordinance of City Codes. Mr. Jones asked if he could question Ms. Price, and Mr. Taylor stated he was free to ask her any questions concerning the violations on the property. Mr, Jones asked Ms. Price what violations existed. today, He stated he had received a copy that had been hand delivered to him of an Affidavit of Non - Compliance on October 13, 1989. He asked her specifically what the violation was. He said in June a letter was sent saying grass needed to be mowed, car carcass, large equipment in area of Florida Power easement and truck tires needed to be removed, Mr. Jones compared a letter sent to the Sobotka' s and one sent to Mr. Bowman saying he felt different standards were being set although property is owned by the same person, Mr. Duncan stated to Mr. Jones that he thought his clients were stalling instead of removing the violations . Mr. Jones referred to Ms. Price's letter of May 10, 1989 to Mr. Sobo tka . He questioned Ms, Price's interpretation of the local ordinance involving a nuisance. Ms. Corbin stated Ms, Price takes pictures of violations, checks through the Code book which is issued by the City and makes her judgement. Ms. Sikora stated that an order based on the Boards previous findings be written and mailed to Mr. Jones' clients and if he disagrees with the order he can take an appeal to the Circuit Court. Mr. Jones stated the Board would not entertain his motion the last time therefore he stated there is nothing to take to the Circuit Court to appeal. Ms. Sikora asked Mr. Jones what the motion was that the Board did not entertain. He stated it was the motion of the constitutionality of this Board. Ms. Sikora stated that issue has been addressed in cases that she has dealt with in orange County and Brevard County through a challenge to the constitutionality of the Board based on an appeal that was taken from a Code Enforcement Board's decision. He stated he was not aware of those and she stated it was decided at Circuit Court. Ms, Sikora made a suggestion that the Board sustain and let the Circuit Court address the issue and the cons ti- tutionality of the ordinance. Mr. Taylor advised that the Board have the order served and allow Mr. Jones' client to be served. Ms, Lomax made a motion seconded by Ms. Sikora that an order be drawn up based on what the actions were including the $200 per day f ine and everything the order will need to make it of fective giving them 30 days from the date of this meeting to comply. Motion carried by a unanimous roll call vote. Mr, Jones asked if the case was being continued or if he could continue questioning Ms. Price, Mr. Taylor stated that due to the fact that his client was never served and order that it end. Ms. Sikora asked that all the motions voted on this evening be reduced to writing as orders and be mailed. Motion by Ms, MacDowell, seconded by Ms. Sikora that the meeting adjourn. Motion passed by a unanimous voice vote. Meeting adjourned at 8:45 p.m. Respectfully submitted, Martha Tyler Recording Secretary