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CEB_10-22-91_MinThe Code Enforcement Board of the City of Longwood, Florida met on Oc tober 22, 199 1 , a t 7:30 P. N . Present: Dr. Frederick Pearl , Chairman Pat Corbin, Vice Chairwoman Warren B u l l Ernest To 1 o s Bob Lomax Dick Davidson, CEB Attorney Cathy Price, CEB Dawn Jackson, Secretary Absent: Gloria Lat❑ski Chris EIylett - arrived at 7:55 /left at 8:10 1. The meeting was called to order at 7 :32 P.Ma 2, The Secretary called the roll, all members were present except for Ms. Latosk i and Mr. Mylet t , 3. The new Board member, Chris My l e t t was not present to be introduced. However, due to his appointment, the Board now had three (3) members from District 1. Mr. Lomax made a motion, seconded by Ms. Corbin that the City Commission make a ruling rin Article 111, Section 2 - 118.1 (f) of the Casty Code. Further advise the City Commission that the Code Enforcement Board is in v i o l a t i o n with three ( 3 ) members from District 1 on this Board. The Board requested that the Commission appoint someone from another district to fill the last position vacant which is an "At Large" position, which currently Mr. Chi My 1 et t has been appointed to fill, 4. Dr. Pearl asked for nominations for Chairperson. Motion by Mr. Lomax, seconded by Mr. B u l l to nominate Ms. Corbin as Chairperson. Motion passed with Mr. Bull, Dr. Pearl, Mr. Lomax and Mr. To 1 os voting aye and Ms. Corbin v o t i n g nay. Dr. Pearl asked for nominations for Vice- Chairperson. Motion by Ms. Corbin, seconded by Mr. B u l l to nominate Mr. Lomax as Vice - Chairperson. Motion passed by a unanimous roll call vote. Di Pearl stepped dawn, and Ms. Corbin took the Chairperson seat. 5. Motion by 11r. To l os, seconded by Dr . Pear 1 to approve the minutes of April 23 1991 as submitted. Motion passed by a unal i nious r o l l c a l l vote. CEB /10 /18 /91 Page Two (2 ) 6. PUBLIC HEARINGS: The Chairman opened the P u b l i c Hearing and directed the Secretary to swear in the Code Enforcement Officer. A) CEB -1 170 Craig Ebaugh , Trustee Post Office Box 1071 Winter Park, Florida 22790 Violation of City Cade, Chapter 12, 12 -2 ( 1 ) Cis. Price advised that this case had came into compliance. B) CEB- --1171 John R. Fields Fields Motor Cars of Florida 717 Rockefeller Road Lake Forest, Illinois 60045 Violation of Zoning Ordinance 495, Section hoe . 3A (22) and City Code Chapter 22, 22--17 Ms. Price advised that this case had come into compliance. C) CED -1172 William and Deloris Paugh 1505 Cardinal Street Longwood, Florida 32750 Violation of Zoning Ordinance 495, Sect 619.6B (1 ) Ms. Price advised that this case had come into compliance. Mr. Paugh was present for the meeting and asked to speak. He a l s o presented the Board with a letter, plus the Board was given a letter that he m a i l e d to the Code Enforcement Officer, He was unhappy with the inconsistency of Code Enforcement. He stated. "Codes should be enforced for everybody, not just some people ". Ms. Corbin explained to Mr. Paugh that his feelings were understood, however there is only one Code Enforcement Officer. Dr. Pearl also expressed his understanding, he suggested that Mr. Paugh come to the City Commission meetings. He further advised t1F. Paugh to contact his District Commissioner. CEBI10 /18/91 Page Three (3) D) CEB -1176 Jose and Margaret Gonzalez 1 184 Dodd Road Winter Park, Florida 32792 Violation of Zoning Ordinance 495, Section 618.6E (1) Ms M. Price advised that this case had come into compliance. At this point in tirrre, Mr. Chris Mylett arrived. Mr. Davidson explained to Mr. Mylett, the Board's concerns regarding the Board now having three (3) members fr ❑m District 1. After much discussion, Mr. Mylett agreed to leave the meeting and await the r u l i ng from the City Commission. E) CEB -1177 Neil R. & Cheryl J. Sayre 1505 Meadowlark Street Longwood, Florida 32750 Violation of Zoning Ord i nanc e 495, Section 681.68 ( 1 ) [Is. Price presented the case. She a l s o presented a picture of the boat and trailer that is parked in the respondent's driveway. This picture was labeled as City Exhibit #10 IIr . Neil Sayre was sworn i n by the Secretary. Mr. Sayre a l s o presented several pictures and a copy of the plot plan of his home, these were labeled as Sayre Exhibit #1. He further stated that he lives in a "L" shaped house. He was under the impression that the front building line of his home was the front of the garage, which is the building line closest to the property line. And that since his boat was parked behind what he thought was the front building l i n e that he was not in violation. Ms. Price explained that when the ordinance was rewritten they addressed this very issue. Ms. Price stated that Mr. Sayre would either have to park the boat behind the b u i l d i n g l i n e on either side of the house, however not in the front of the property. After reviewing the pictures, Dr. Pearl asked if Pli . Sayre could park the boat in the gar age . Mr. Sayre stated that the boat will no t f it in the garage. Furthermore he can not get the boat in the side or back yard due to two wing walls on the front of his home and the property of his neighbors. After CEB /10/18/91 Page Four (4) reviewing the plot plan, Ms. Corbin advised Mr. Sayre that on the other side of his property (opposite side of the driveway), he has a total of sixteen (16) feet, minus the four (4) foot wing wall. Leaving him with twelve (12) feet which he could use to put the boat on the side of the house. Dr. Pearl made a motion, seconded by Mr. Lomax that respondent, Neil R. and Cheryl J. Sayre are guilty of violating Zoning Ordinance 495, Section 618.6E C178 Motion was carried by a unanimous roll call vote. After discussion, upon motion made and duly seconded, i t was RESOLVED, that the f o l l o w i n g Findings of Fact and Conclusions of Law are determined by the Board: FINDINGS OF FACT: 1. The respondent was properly served by direct hand. 2. The respondent was present at the hearing and presented his case. 3. The respondent was in violation of Cite Code at the time of the hearing. Demonstrated by pictures. Motion by Mr. Lomax, respondent must be in 2c?, 1991 and if sucl fine of $10.00 per compliance. Motion votef seconded by compliance o complaince day would passed by a Dr. Pearl that the n or before November is not achieved, a be assessed until unanimous roll call CONCLUSIONS OF LAW: Respondents are guilty of violating Zoning Ordinance 495. Section 681.6B ( 1 ) . Pursuant to the above Conclusions of Law and its power under Florida statute, Section 168 and local law, the Board issues an order directing the respondents to fully comply and come into compliance with the above section of law on or before November 29, 1991 ; and i f such compliance is not achieved to the satisfaction of the City of Longwood, a fine of $10.00 per day is hereby assessed until compliance. The Board further directed that the clerk prepare such order and the order be d u l y issued with the signature of the Chairman or his designee. CEB /10 /1S /91 Page Five (5) 7. OLD BUSINESS: A CEB -10 +8 Mohammed & Ahmed i 2ama d /b /a Minit -Weld Shop, Inc. 162 E. Palmetto Avenue Longwood, Florida 32750 Lien Ordered; Feb. 27, 1990 Recorded: April 11, 1990 Fo i - ec 1 o su r e ; August 27 , 1994 Ms. Price advised the Board the Dr. Zaman had contacted the City Administrator, requesting that the foreclosure be dropped or at least the fine decreased. Mr. Davidson stated that the Board can over turn or change any penalty fine until which time foreclosure begins. He further stated that once there is a foreclosure, the case is out of the Board's hands. Motion by Dr. Pear I , seconded by Mr. To 1 as to refer t i s case to the Ci ty Attorney and /or the City Coma - ri i ss i on in reference to Section 2 -143 (A) to e i ther make a settlement or continue with the foreclosure. Motion passed by a unanimous roll call vote. 8. NEW BUSINESS& Dr - . Pearl stated that the felt that the City Attorney needs to be present to represent the City, as well as the Code Enforcement Officer. Motion by Dr. Pearl, seconded by Mr. Tolos that the Board humbly request that the City Attorney be present for the Code Enforcement Board meetings. Motion passed by a unanimous r o l l c a l l vote. Ms. Corbin expressed her desire to have all Board members sworn in at the time of their appointment. Mr. Davidson stated that he f e l t the new members should be sworn in before their first meeting. Motion by Ms. Corbin, seconded by Di Pearl that any new Board members be sworn in prior to their first Code Enforcement Board meeting. Motion pa =-sed by a unanimous r o l l c a l l vote. 9. ADJOURNMENT Dr. Pearl made a {nation to adjourn the meeting,, seconded by Mr. Bull. Respectfully submitted, Dawn B. Jackson, Board Secretary Pat Corbin, Chairwoman