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CEB_09-25-90_MinThe Code Enforcement Board of the C i t y of Longwood, F l o r i d a met ❑ n September 25, 1990 at 7:30 P.M. Present: Pat Corbin, Chairwoman George Holleman Gloria Latoski Jim Duncan Sondra Lomax' Frederick Pearl Dick Davidson CEB Attorney Dawn Jackson, Recording Secretary Cathy Price, Code Enforcement Officer I. The meeting was Called to Order at 7130 P.M. on September, 25, 1990. 2s The secretary c a l l e d the roll. 39 Approval of minutest Motion by Ms. Latoski, seconded by Ms. Lomax to approve the minutes of the August 28, 1990 hearing as written. Motion carried by a unanimous roll call vote. 4. PUBLIC HEARINGSi As CEB -1088 - Richard D. Gar l Et _Al F.R.E., Inc. Vito Stromvndo , Registered Agent Dean Stromvndo , Owner 100 Highline Drive Longwood, Florida 32750 Violation of Zoning Ordinance #495, Section 608.2, - 608.3A ( 2 ) and ( 3) , 620.20 and City Code , 'Chapter 10, 10-1 Chapter 12, 12--2 ( 1) , and Chapter 28, 22--28 Ms. Price was sworn in and presented the case. They were originally cited for having an unlicensed wholesale auto business, non-operable vehicles, high grass and outside storage. Ms. Price stated that she felt the high grass was the only violation they had not brought into compliance. She further stated that they had mowed the grass in the easement across from 100 Highline Drive however the property between 100 and 240 Highline Drive (which belongs with 100 Highline Drive) had not been mowed. Ms. Price e x p l a i n e d that she did not site them under the trash ordinance; however in mowing the easement, trash was not picked up but instead mowed over, which scattered trash all over, Pictures were presented as C i t y Exhibit "All "H" and li c il I CSB /September, 1990 - Page Two (2) Ms. Price spoke with Mr. Strvmondv and he advised her that he was moving, and had signed papers that day on another piece of property. Ms. Price advised the Board that Mr . S tr ❑mondo t o l d Mr. Abe l s , the City Administrator that they would be out of the building within fifteen ( 15) days. The Respondents were not present for the Hearing, Mr. Holleman made a motion to close the Hearing, Dr. Pear 1 seconded the motion. Motion passed by a unanimous voice vote. FINDINGS OF FACT 1) Respondents were aware that this case was continued from the previous month. 2) Respondents were aware of the vio 3) Respondents did come into compliance with all violations, except mowing of the grass. Mr. Duncan made a motion to f i nd Mr. Gar 1 as the property owner to be in violation of City Code, Chapter 12 12 -2 (1). Mr. Holleman seconded the motion. The motion passed by�a unanimous roll call vote. CONCLUSIONS OF LAW Respondents are guilty of City Code, Chapter 12, 12 -2 (1). However Respondents are not guilty of violating Zoning Ordinance No. 495, Section 608.2, 603.3A (2) and (3) , 620,2C and City Code, Chapter 10p 10--1 and Chapter 22, 22-28* Mr. Holleman made a motion that Mr. Garl be given ten (10) days to come into compliance and if at that time he is not in compliance, be fined $25.00 a day. Ms. Latosk i seconded the motion. Mr. Holleman, Ms. Latosk i and Dr. Pearl voted aye while Mr. Duncan, Ms. C o r b i n and Ms. Lomax voted nay. The vote of three to three defeated the motion. Ms. Lomax made the same motion that Mr. Garl be given ten (10) days to come into compliance; however if at that time he is not in compliance, he be fined $50 .00 a day. Mr. Duncan seconded the motion. The motion then passed by a unanimous r o l l call vote It is the order of this Board that, based on the foregoing the Respondent shall came into compliance on or before October 6, 1990. If the Respondents do not comply within the time specified, Respondents shall pay I CEB /September, 1990 Page Three ( 3 ) a f i n e of $50.00 per day for each day the violation continues to exist beyond the date set for compliance. H. CEB -1494 -- David Demetree, Trustee F.R.E., Inc. • Vito Stromondv, Registered Agent Dean Stromvndv, Owner 200 Highline Drive Longwood, Florida 32570 Violation of Zoning Ordinance #495, Section 620.20 This case is David Demetree and F.R.E., the same business as the previous case, only at a different location. The only problem at this location was the outdoor storage. They have a lot ❑f large restaurant equipment that is stored within a chain link fenced area. However, they have screened the area and are now in compliance. Mr. Holleman made a motion to close the Hearing, ■ seconded by Dr. Pearl. Motion passed by a unanimous voice vote. I FINDINGS OF FACT 1 ) Respondents were in compliance. Mr. Holleman made a motion that -based on the testimony of the Code Enforcement Officer that the Respondents were not in violation at the time of the Hearing. CONCLUSIONS of LAW Respondents were not guilty of Zoning Ordinance No. 4959 Sec t i o n , .620.2C . it is the order of this Board, that t h i s case against the Respondents shall be dismissed. 540 OLD-BUSINESS A . Status of CEB -1 104 -- Sun State Steel They were in the process of moving out at the time of the Hearing. Advised Ms. Price that they should be ,t completely out by the coming weekend. t CEB /September , 1990 ,- Page Four (4) Mr. Carmichael asked to speak; he stated that of the three issues involved, he f e l t the respondent has come into compliance � the required date and that moving is in process, validating any need for eviction. Dr. Pearl made a motion to accept the Code Enforcement Officers report and find the Respondents in compliance with the violat ions. Ms. Latvsk i seconded the motion. The motion pass by a unanimous r o l l call vote. b. NEW BUSINESS Ms. Lomax advised the Hoard that at the l ast City Commission meeting there was a new member appointed to the Board. Her name is C1 anc i Keith. She s h o u l d - b e at the next meeting. Ms. Price advised the Hoard that she will be moving her office to the P o l i c e Department and that Dawn Jackson will no longer be the Code Enforcement Secretary as of October 1st. Ms. Price introduced Dottie Fisher from the P o l i c e Department and stated that she would be the new Code Enforcement Secretary. Mr. Rudie Carmichael, the Skylark Homeowners Association President was sworn in by the secretary. Mr. Carmichael stated that he spoke with the individuals that started the petition against Sun State Steel. They are happy Longwood residents. They asked Mr. Carmichael to thank the Board for performing so efficiently and effectively. The Code Enforcement Board questioned if Ms. Price was in compliance. Ms. Price operating as a business any to be- in comp 1 i ance . Attorney, Mr. Dick Davidson stating that they were now stated that they are not longer, she considered them Mr. Davidson read from the minutes of the previous meeting, "Respondents shall come into compliance by the next Code Enforcement hearing dated September 25, 1990 or have started eviction procedures or the tenants have relocated elsewhere". He questioned if any of these conditions have been met* Ms. Jackson advised the Hoard that Mr. Holleman, Ms. Latvsk i and Mr. Duncan-'s term expires October, 1990. All three stated they would be interested in continuing another term. CEB /September, 1990 Page Five (5) Ms. Lomax questioned if Ms. Price is to have an attorney with her during the Hearings. Mr. Davidson explained that it is normally up the City to make that determination if they feel one is needed. 7. Mr. Ho l Leman made a motion to adjourn the meeting, seconded by Ms. Latosk i . Motion passed by a unanimous voice vote. The meeting was adjourned at 8:15 P . M Respectfully submitted, Dawn Jackson Recording Secretary Pat Corbin, Chairwoman