CEB_04-23-91_MinThe Code Enforcement Board of the City of Longwood, Florida met on
April 23, 1991, at 7:30 P. M. .
Present: Dr. Fredrick Pearl, Chairman
Gloria Latoski
Warren Bull
Clanci Keith
Ernest Tolos
Dick Davidson, CEB Attorney
Becky Vose, City Attorney
Dorothy Fisher, Recording Secretary
Cathy Price, Code Enforcement Officer
Absent: Pat Corbin, Vice Chairwoman
Bob Lomax
1., The Meeting was called to order at 7:35 P.M.
2, The Secretary called the roll and all members were
present except Pat Corbin and Bob Lomax.
4, Gloria Latoski made the Motion to approve the
minutes of the March 26, 1991 Hearing, as written.
Motion was seconded by Ernest Tolos. Motion was
carried by unanimous vote.
5. UNFINISHED BUSINESS:
A. CONTINUED CASES
11W CEB -1163 W I LL.I AM C. SR, AND MARY DEMETREE
Richard O. SKAGGS, Reg. Agent d /b /a
HI -TECH MECHANICAL CONTRACTORS, INC.
135 Mango Trail
Longwood, Florida 32750
Violation of Zoning Ordinance 495,
Section 620.2C
The Chairman reopened the Public Hearing previously continued and
directed all witnesses to be sworn. All witnesses were duly sworn
by the clerk. The Code Enforcement Officer presented her case to
the Board.
Mr. Skaggs was storing items under a carport in the rear of his
business. He had removed a lot of the items. But a trailer with
heavy equipment on it remained, which constituted outdoor storage.
Mrs Skaggs distributed pictures , he felt were pertinent to the
case and Attorney Davidson requested one set of pictures to be
marked as Exhibit A, for the City. Mr. Skaggs felt that the
trailer did not constitute outside storage.
After hearing both testimonies, Mr. Tolos made motion to close
the Public Hearing and Ms. Latoski seconded it.
Ms. Keith said she believed the trailer was outdoor storage and Mr.
Skaggs to be in violation as stated. Mr. Tolos and Dr. Pearl agreed
that it was outside storage. He could either put the trailer inside
his building, or screen the enclosure, and put a gate on it, so that
the trailer could not be seen from the street.
Motion was made by Mr. Tolos that if the trailer is not stored
inside or screened by a six foot opaque fence, dense hedge or wall
by May 7, 1991, the respondents will have to pay seventy five
(75.00) dollars a day until the trailer is brought into
compliance. Ms. Keith seconded the motion. The motion was carried
by unanimous roll call vote.
After discussion, upon motion made and duly seconded, it was
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 Hearing
on February 21, 1991, Certified Mail # P -260- 046 -529 and #
P- 260 -046 -530
2) The Board finds that a unlicensed trailer containing numerous
heavy equipment is improperly stored on the property without
adequate screening.
3) The materials on the property of the respondents constituted
outdoor storage under the cited sections.
4) Respondent, Registered Agent, Richard Skaggs did appear at the
Hearing.
CONCLUSIONS OF LAW
Respondents are guilty of violating Zoning Ordinance # 495, Section
620. 2C
ISSUANCE OF ORDER
Pursuant to the above Conclusions of Law and its power under
Florida Statute, Section 162 and local law, the Board issues an
order directing the respondents to fully comply and come into
compliance with the above sections of law on or before May 7, 1691
and if such compliance is not achieved to the satisfaction of the
City of Longwood, a fine of Seventy -Five ( 75. 00 ) Dollars per day is
hereby assessed until compliance. The Board further directed that
the clerk prepare such order and the order be duly issued with the
signature of the Chairman or his designee.
B, CEB -1166 TOWNSHIP PLAZA ASSOC. LTD
ALVIN LEITMAN, Reg. Agent
West SR 434, Township Plaza
Longwood, Florida 32750
Violation of City Code,
Chapter 12,12-2 ( 2 )
The Chairman reopened the public Hearing previously continued and
directed that all witnesses be sworn. The Code Enforcement Officer
was previously sworn. The Code Enforcement Officer presented her
case to the Board.
The Code Enforcement Officer originally cited the respondents for
the dumpster area behind the Township Plaza. The trash from these
dumpsters has migrated to the drainage area and area around the
lake. The Code Enforcement Officer said that the respondents had
brought the property into compliance on April 22, 1991. The Code
Enforcement Officer requested that they be found in violation, even
though the property was brought into compliance before the Hearing
so that if it is in violation again, it could come under the repeat
violation code. The City has an on going problem with Township
Plaza Assoc. LTD, since 1987 Pictures were submitted as Exhibits
1, 2, 3, and 4.
Ms. Latoski made a motion to close the Public Hearing. Ms. Keith
seconded the motion. Motion was passed by unanimous roll call
vote.
After discussion, upon motion made and duly seconded, it was
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 Hearing,
via overnight mail # 2187 on March 14, 1991, in violation of
City Code, Chapter 12,12 -2 (2)
2) The respondents were granted a continuance on March 26, 1991,
Code Enforcement Hearing,
3) The respondents did not appear at the April 23, 1991, Code
Enforcement Board Hearing.
4) The Code Enforcement officer testified that the respondents
were in violation but, had brought the property into compliance
before the Hearing. The Board finds the same.
CONCLUSIONS OF LAW
i ) Respondents were in violation of City Code, Chapter 12,12-2
(2) but, have brought the property into compliance.
The Chairman opened the Public Hearing again to allow Attorney Vose
to give an opinion on "Repeat Violation ".
Mr. Tolos made a motion to reopen the public hearing and Ms.
Latoski seconded the motion .
Attorney Vase said that in Section 2 -143 , "The Enforcement Board
upon notification by the Code Inspector , that a previous order of
the enforcement board has not been complied with, by the set time
or upon finding that the same violation has been repeated by the
same violator may order the violator to pay a fine , not to exceed
250. 00 dollars per day. " The reason she was concerned was because
"apparently they did comply within the set time." She said that
the respondents would have to in her opinion be given a warning
again, if they were repeat violators.
Attorney Davidson said he agreed, that the Board in their
resolution has to indicate that there was a violation and it has
been corrected.
Mr. Tolos made motion to close the public Hearing . Ms. Latoski
seconded the motion The motion was carried by unanimous roll
call vote.
60 OLD BUSINESS:
A. CEB -1165
THOMAS AND MARGUERITE SOH
AND SAMUEL AND ESA BELLA SOH
Baywood Industrial Park
Longwood, Florida 32750
Violation of City Code, Chapter
12p12-2 (2)
The Code Enforcement Officer said they were to comply by Final
Order on April 5, 1991. The respondents requested an inspection on
April 1, 1991 and the Code Enforcement Officer said they brought
the property into compliance,as of the inspection.
7. NEW BUSINESS: HO'HE
Mr. Tolos made a motion to adjourn the meeting, seconded by Ms.
Latoski.
The meeting was adjourned at 9.30 P.M* .
Respectfully submitted,
Dorothy Fisher
Recording Secretary
Dr. Fredrick Pearl