CEB_05-22-90_MinThe Code Enforcement Board of the City of Longwood, Florida net
on May 22, 1990 at 7:30 P.M.
Present: Pat Corbin, Chairman
George Holleman
Gloria Latoski
Jim Duncan
Sondra Lomax
Dick Davidson, CEB Attorney
Dawn Jackson, Recording Secretary
Cathy Price, Code Inspector
Richard Taylor, City Attorney
Absent: Betty MacDowell
1. The meeting was called to order at 7;34 P.M. on May 22
1990.
2. The secretary called the roll. At this time, Mr. Taylor
advised the Board that he would not be able to attend next
months meeting.
3. Approval of minutes: My t ion by Ms. Lomax, seconded by Mr.
Duncan to approve the minutes of April 24 1990 as written.
Motion carried by an unanimous roll call vote.
4a PUBLIC HEARINGS
Ms. Price advised the Board that case CEB -1063, Thomas E. &
Virginia S. Jones of 774 Pasadena Avenue had come into
compliance. Therefore t h i s case would not be bought before
the Board.
Mr. Taylor suggested that the
be reviewed f irst due to the p
three cases scheduled. Ms.
cases CEB -1075 and CEB -1076 to
The motion was seconded by Ms.
unanimous voice vote.
last two cases on the agenda
ass ib 1 e longevity of the first
Lomax made a motion to move
the beginning of the agenda.
Latoski. Motion passed by a
A . CEB --1075 - Margaret Evans and
Katherine Lynch
820 Raven Avenue
Longwood, Florida 32750
Violation of City Code, Section 5 -19
Ms. Lomax swore in Ms. Price so she could present the case.
This case and the next case, both were questioned by another
code violator that came into compliance. Both cases poured
an extension to their driveway without pulling a permit.
The ordinance states that a fine of $ 100.00 or doubling the
permit fee, which ever is greater are the p e n a l t i e s for
conducting work without a permit.
Page Two
CEB
Ms. Margaret Evans was sworn in. She stated that her son
put the forms in and the concrete was free due to left over
concrete. She was not aware that there was an ordinance
regarding permitted work.
Mr. Michael Brown was sworn in. He stated that they really
did not know. The forms were out for two to three weeks and
no one said anything. Mr. Brown was advised that there is
o n l y one Code Enforcement Officer for the entire city and
she can't possible see all the violations in the city.
Ms. Lomax made the motion to find them in non-compliance,
seconded by Mr. Duncan. M o t i o n carried by a unanimous r o l l
c a l l vote. Mr. Duncan made the motion to fine them $10.00
for being in v i o l a t i o n , seconded by Mr. Latosk i . A r o l l
call vote was taken with Mr. Holleman, Ms. Latoski, Mr.
Duncan and Ms. Corbin voting aye and Ms. Lomax voting nay.
Motion carried with the majority ruling.
Ms. Corbin advised the fines are to be paid at City Hall.
Mr. Davidson made a suggestion regarding the formal of our
resolutions. The resolution should have parts:
1 ) C o m p l i a n c e or Non-Compliance
23 Findings of Fact and Conclusion of Law
3 f Setting the Fine and Date of Compliance
The Board should
incorporate what
the respondent.
part of the minut
B. CEB -1 076 --
then direct that an order be drawn up to
has been said in writing and served upon
This should be part of the resolution and
es.
Michael J. & Fay E. Brown
829 Raven Avenue
Longwood, Florida 32750
Violation of City Code, Section 5--19
The Board was unaware that the Mr. Brown who spoke for Ms.
Evans in the previous case was the same Mr. Brown in this
cases
Ms. Price presented the case, which was identical
circumstances as the previous case.
Mr. Duncan made the mot ion that Mr. Brawn be found in
v i o l a t i o n of not o b t a i n i n g a permit, seconded by Mr,
Holleman. Motion carried by a unanimous roll call vote.
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CEB
Mr. Holleman made the motion that Michael J. & Fay E. Brown
be fined $10.00 for violation of Section 5--19. Mr. Duncan
seconded the m o t i o n . Mr. H o l l e m a n , Ms. Lat osk i , Mr. Duncan
and Ms. Corbin voted aye and Ms. Lomax voted nay. Motion
carried with the majority ruling.
So stated that Michael J.
Longwood are in violation
$10.00 fine was imposed.
C, CEH- --105e - Robert
445 W.
Lo ng wo
of
J .
Ch
od,
Kay E. Brown of Raven Avenue,
City Code, Section 5--19 and a
& Diane L. Miller
arch Avenue
Florida 32750
V i o l a t i o n of Zoning Ordinance #495,
Section 601.3D, 601.3K and 601.3H
Ms. Price presented. City Exhibit 1, being two pictures, one
of Mr. Miller carrying a television for a lady and the other
of his home at 445 W. Church Avenue with the garage door
open and the trailer on the side of the house. Ms. Price
then presented the case. Her first contact with Mr. Miller
was July 15, 1988. At which time he did not have an
Occupational License. Mr. Miller then obtained an
Occupational License on July 20, 1988, Ms. Price stated
shortly after that she stated receiving complaints about the
business. She also advised him to remove the trailer on the
side which Mr. Miller did move. The City Clerk received
complaints about this business as well as the continued
complaints she received, such as: out in the open, the
traffic, delivery of televisions to his home. Mr. Miller's
garage is a complete workshop, plus he has built a 10 x 18
garage behind his house and two sheds. This would exceed
the 15% allowable space for home occupations.
Ms. Price stated that Mr. Miller has a commercial business
without the benefit of the zoning. This property is zoned
R -1.
Ms. Lomax questioned if the complainant was the same person.
All the complaints were from anonymous callers. However Ms,
Price personally observed the v i o l a t i o n s .
Michael Kramer serving as the attorney for Robert J. and
Diane L. M i l l e r spoke on their behalf.
Mr. Kramer presented Defendant Exhibit 1, Mr. Millers
application for Occupational License. Defendant Exhibit 2,
1987 -1988 and 1958 --1989 Occupational Licenses. Defendant
Exhibit 3 1989 -1990 Occupational Licenses for both the
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CEB
City and the County. Mr. Kramer stated that Mr. Miller does
television repair work from this home, which he has an
occupational license to do. Mr. Miller maintains a retail
outlet at the Mount Dora Flea Market. Defendant Exhibit 4,
5 and 6 are copies of the most recent rent check and rent
receipts from the Mount Dora F l e a Market.
Retail sales of televisions take place only at the Flea
Market. Mr. Miller only does repair work at his home. The
picture Ms. Price took was Mr. Miller helping a neighbor,
free of charge.
Mr. Kramer then cross examined Ms. Price after which Mr.
Taylor preformed a redirect. C i t y Exhibit 2, a survey of
Mr. M i l l e r ' s home and property.
Mr. Robert J. Miller was sworn in. Mr. Miller stated that
normally televisions are dropped off and picked up at the
Flea Market.
Ms. Corbin questioned if Mr. Miller had a business card.
The card was presented as City Exhibit 3.
Mr. Fred C. Muller was sworn in. Mr. Muller lives at 447 W.
Church Avenue, next door to Mr. Miller on the north side.
Mr. Muller stated that he can not see any televisions
without going inside and that he's only ever seen one on the
counter.
Ms. Lomax made a motion that Mr. Miller is not in violation
of all three sections: 601.3D, 601.3H and that there doesn't
seem to be any increase of activity regarding Section
601.3K. Motion seconded by Mr. Duncan. Motion carried by
an unanimous roll call vote.
D. CEB -1059 - Fred C. & Robin Muller
447 W. Church Avenue
Longwood, Florida 32750
Violation of Zoning Ordinance #495
Section 501.2A and City Code Section 12-
1( 1) ( 6) Section 12--2 ( 2)
Ms. Price presented C i t y Exhibit 1 and 2, pictures of Mr.
Mul lens back yard. Ms. Price spoke with Mr. Muller and he
stated he would clean up the yard. However it was not
cleaned up . Once he was cited to appear before the Board,
he did clean the yard. He has an Occupational License in
the name of SPR of Central F l o r i d a .
Page Five
CED
Mr. Muller has been spraying out in the atmosphere. On the
property he had building materials, piles of bricks, sand
for the glazing, and the bath tubs. It was a visual
nuisance. Ms. Price stated that she can't really tell if
the violations are cleaned up or not due to the piles of
dirt for the swimming pool he is putting in. Prior to
starting the pool, most of the items in the back yard had
been cleaned up.
Mr . Kramer a l s o represented Mr. Muller., At t h i s t i m e he
presented Defendant Exhibit 1 which was the application for
Occupational License, Defendant Exhibit 2, 1986 -1987 and
1587 --1988 Occupational License and Defendant Exhibit 3,
1 488- -1 989 and 1984 -1594 Occupational License.,
All tubs are removed and are being kept in a warehouse. The
only building materials that are there are in connection
with the pool.
Ms. Lomax questioned Defendant Exhibit 3, the copies state
that these are NOT A LICENSE. Mr. Kramer stated these are
copies he received from the City and that he had a receipt
for obtaining the copies. He then submitted the receipt as
Defendant Exhibit 4.
Ms. Lomax swore Mr. Muller in again. Mr. Muller stated that
he has a warehouse on Charlotte Avenue and the tubs are
there. He stated that they don't use sand to glaze tubs.
The piles of sand were for the brick work done on the
exterior of the house.
Mr. Taylor asked Mr. M u l l e r if he has worked on the tubs in
his back yard. Mr. M u l l e r stated that he has in the past
performed work on the tubs in his yard. Mr. Kramer stated
that Mr. Muller was in compliance by the requested
compliance date.
There was a general discussion regarding bringing cases to
the Board that have complied by their given date.
Mr. Holleman made motion that th a Board f i n d Fred C. and
Robin Muller having been in violation of Zoning Ordinance
#495, Section 501.2A and City Code, Section 18 -1 (6) and
that having come into compliance by the compliance date of
April 1 1 , 1990 that no fine or action be taken by t h i s board
at the present time. Mr. Duncan seconded the motion. The
motion carried by an unanimous roll call vote.
Ms. Lomax made the motion that Mr. Muller was guilty of City
Code, Section 12--2 ( 2 ) and that the Board not f i ne him
Page Six
CEB
because he came into compliance by April 11, 19gO. However
if any reoccurrence should occur on City Code, Section 12 -1
( 6) or Section 12--2 ( 2) he will be bought back to the Board.
Seconded by Ms. Latoski, Ms. Latoski, Mr. Duncan, Ms.
Corbin and Ms. Lomax voting aye and Mr. Holleman voting nay.
Motion carried with the majority r u l i n g .
E. CEB -1061 - Mary E. Raney
Eugene J. Okun and
Darryl T. Brooks d /b /a
Longwood Fitness
101 S. Longwood Street
Longwood, Florida 32750
V i o l a t i o n of Zoning Ordinance #4959
Article VIII, Section 809,4 (A) (4)
Section 621.3A,
Ms. Price advised that this case came to her from Mr. Nagle
who in turn received the c o m p l a i n t from the property owner,
Ms. Mary Raney that her tenant had removed a tree. Ms.
Raney requested the case be taken to the Board. T h i s
business also had an illegal banner which was addressed
also.
Mr. Darryl T. Brooks was sworn in. Mr. Brooks stated that a
top branch fell on two customers vehicles and Longwood
Fitness had to compensate them for repairs. Mr. Brooks
issued these two letters as Defendant Exhibit 1 and 2. Mr.
Brooks also submitted a letter from a horticulturist as
Defendant Exhibit 3. He also presented an agreement between
Ms. Raney and the tenants as to what type of work can be
permitted, Defendant Exhibit 4.
Ms. Lomax questioned why Mr. Brooks did not contact Ms.
Raney about the damage to the vehicles. Mr. Brooks stated
that they don't really get along. He hired a gentleman to
remove the tree, and he assumed that he pulled a permit,
Ms. Raney was sworn in by Ms. Lomax. Mss Raney stated that
the tree was not dead and was the nicest tree on County Road
427. She was not aware of the removal of the tree.
Mr. Holleman stated that he would like to see a new tree
planted to replace the tree which was removed,
The banner had been taken down before the compliance date.
Ms, Lomax made the m o t i o n that the Board find Mr. Brooks in
violation of Section SQ9.4A (4). Mr. Holleman seconded the
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