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CEB_02-26-91_MinThe Code Enforcement Board of the City of Longwood, Florida met on February 26, 1991 at 7 :30 P. M. Present: Pat Corbin, Chairwoman Bob Lomax Gloria Latoski Warren Bull Dr.Fredrick Pearl Dick Davidson, CEB Attorney Gerald Korman, City Attorney Dorothy Fisher,Recording Secretary Absent. Clanci Keith 11 The Meeting was called to order at 7 :35 P.M. 2, The Secretary called the roll and all members were present except Clanci Keith, 3. Approval of minutes of the September 25, 1991 hearing as written. Motion carried by a unanimous roll call vote. 4, Ms. Corbin requested that each Board member give their name and some pertinent information as a means of introducing the new Board Members to the rest of the Board. 54, Election of Chairperson and Vice - Chairperson. Motion by Gloria Latoski to nominate Dr. Fredrick Pearl as Chairman. Motion was seconded by Ms, Latoski. The vote was unanimous. Motion was made by Mr. Lomax to nominate Ms. Corbin, as Vice Chairwoman. Dr. Fredrick Pearl seconded the motion. The roll was called and Ms. Corbin was elected Vice - Chairwoman. nVnnnrrCV A. COMPLIANCE The Code Enforcement Officer stated that the following cases were in compliance with the City Code before the hearing was convened: 10 CEB -1125 -- Lee & Laura Manfredi 965 Calbert Lane, Longwood Date of Compliance - January 18, 1991 2, CEB 1141 - Blankenship Furniture 305 Dane Lane, Ste 125, Longwood Date of Compliance - January 15, 1991 34. CEB 1136 - Richard Stader 1221 Logan Drive, Longwood Date of Compliance -- February 25, 1991 Ms. Corbin suggested that the Code Enforcement Officer show that the Stader Case CEB -1138 was in violation in case there was a recurring violation. Me. Price was sworn in and presented the case. The violation involved a small yard trailer that was parked on the side of the house. The trailer disappeared for a while and then reappeared. When she inspected the property on February 25, 1991 it was in compliance. Attorney Davidson asked Ms. Price if she was asking for any penalties or if she was satisfied with the compliance. Ms. Price said she was satisfied that the matter was in compliance. Attorney Korman was asked by Doctor Pearl to give the City's recommendation and Attorney Korman proposed that the Board find that the offender had been in violation, but had complied. Should a repeat violation occur the Board could then take the proper action under the repeat violation section. Motion was called by Ms. Corbin to close the public hearing and Mr. Lomax seconded the motion. The vote was unanimous. Mr. Lomax stated that Mr. Stader is now in compliance with Zoning Ordinance #495, Section 618.6B(2) and he made recommendation that the record show that Mr. Stader was difficult to reach and that the trailer did leave the property and then reappear as a matter of record for the Board. Ms. Latoski seconded the motion and the vote was unanimous. After discussion, upon motion duly made, and seconded, it is: RESOLVED, that the following Findings of Fact and Conclusions of Law are determined by the Board. FINDINGS OF FACT 1) The City Code Enforcement Officer served a Notice of Violation and Notice of Formal Hearing on Respondent by Certified Mail on December 5, 1990 and served Notice of rescheduled Hearing via personal service done by Longwood Police Department. 2) The Code Enforcement Officer testified at the hearing that the alleged Violations of Zoning Ordinance, *495, Section 618.GB(2) and City Code, Chapter 22,22 -28 had been corrected before the Hearing. 3) The Board found that the alleged violations existed but had been corrected and the property is now in compliance. CONCLUSIONS OF LAW 1) Respondents were in violation of Zoning Ordinance #495, Section 618. 6B ( 2 ) and City Code, Chapter 22, 22 -8, but have brought their property into Compliance. 2) Subsequent violations shall constitute a repeat violation under FSS 162-060 CEB -1141 BLANKENSHIP FURNITURE COMPANY Due to the fact that, when cited, this business did not have an occupational license and has since applied and obtained one, the Board did not feel a need to take further action. This was a one time violation that would not recur. After discussion, upon motion duly made, and seconded, it is: RESOLVED, that the following Findings of Fact and Concluons of Law are determined by the Board: FINDINGS OF FACT 1 ) The City Code Enforcement Officer served a Notice of Violation on December 17, 1990, and a Notice of Formal Hearing was served on respondents on January 11, 1991. 2) The Code Enforcement Officer testified at the Hearing that the alleged violation of City Code Chapter 10, Section 10 -1 was corrected before the Hearing. 3) The Board finds that such alleged violation did exist, but had been corrected and the business is now in compliance. CONCLUSION OF LAW 1) Respondents were in violation of City Code, Chapter 10, Section 10--1, but have brought their business into compliance. CEB -1125 LEE AND LAURA MANFREDI This case was also brought into compliance, prior to the Hearing. After discussion, upon motion duly made, and seconded, it is: RESOLVED, that the following Findings of Fact and Conclusions of Law are determined by the Board: FINDINGS OF FACT 1) The City Code Enforcement Officer mailed a Notice of Violation to the respondents on November 12, 1990 and Notice of Violation and Notice of Formal Hearing was sent by Certified Mail, on November 28, 1990 and Notice of rescheduled Hearing was mailed on January 22, 1991. 2) The Code Enforcement Officer testified at the Hearing that the alleged Violations of Zoning ordinance, # 495, Section 6113.6B(2) and the City Code, Chapter 22,22-8 had been corrected before the Hearing. 3) The Board finds that such alleged violations did exist but were corrected and the property is now in compliance. CONCLUSIONS OF LAW 1) Respondents were in violation of Zoning ordinance * 495, Section 618.6B(2) and City Code, Chapter 22,22-28, but have brought their property into compliance. 2) Subsequent violations shall constitute a repeat violation under FSS 162.069 PUBLIC HEARINGS A. CEB -1145 Terry L. & Marsha Duggins 670 Chelsea Road Longwood, Florida 32750 Violation of Zoning ordinance # 495 Section 618.6B(2) Ms. Price presented the case as follows: The respondents were originally cited November 15, 1990, for a boat and trailer that were parked in the rear (side) yard. No verbal contact had been made with the respondents at any time but Ms. Price stated that since the boat had been moved from the side of the driveway to the rear of the property, she felt that the respondents believed themselves to be in compliance with the boat properly screened. Ms. Price offered for Exhibit # 1, a page of four pictures showing effective screening from all sides and requested the Board to make the final determination. After discussion and request of the Board Attorney to clarify the intent of the Ordinance, the public hearing was closed, motion made by Ms. Corbin and seconded by Ms. Latoski. After discussion, upon motion duly made, and seconded, it is: RESOLVED, that the following Findings of Fact and Conclusions of Law are determined by the Board: FINDINGS OF FACT 1 ) The City Code Enforcement Officer did serve a Notice of Violation upon respondents and Notice of Formal Hearing was sent by Certified Mail on November 28, 1990. Notice of rescheduled Hearing was served on January 23, 1991. 2) Respondents have a boat and trailer combination parked in their rear yard. 3 ) After examination of Exhibit # 1 ( pictures of the boat and trailer as presently parked) the Board finds that 80% screening is present and adequate, allowing the boat and trailer to be in compliance with the Code. CONCLUSIONS OF LAW 1 The Board f inds that the alleged violation did not exist at the time of Hearing. 2) The Board makes this determination only for the present location of the boat in respect to the existing screening. 7 OLD BUSINESS HONE 81 NEW BUSINESS; HONE 91 Attorney Davidson reviewed the Code Enforcement procedures for the benefit of the new Board members and suggested a new format for the minutes of the meetings. 11. Ms. Corbin made a motion to adjourn the meeting, seconded by Mr. Lomax. The meeting was adjourned at 8:50 P. K9 Respectfully submitted Dorothy Fisher Recording Secretary Dr. Fredrick Pear 1 Chairman