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CEB_01-26-93_MinThe Code Enforcement Board of the City of Longwood, Florida met on January 26, 1993, at 7:30 P.M. Present: Pat Corbin, Chairwoman Bob Lomax, Vice Chairman Warren Bull Gloria Latoski Ernest Tolos George Valkenburg (arrived 7:38) Daniel Mantzaris, CEB Attorney Leslie Blau, City Attorney's Associate Bob Baker, Code Enforcement officer Bill Culbertson, City Building official Dick Wells, City Planner Dawn Jackson, Secretary 11 The Meeting was called to order at 7:30 P.M. 2, The Secretary called the roll, all members were present with the exception of Mr. Valkenburg, who arrived at 7:38 P.M. 3. Approval of Minutes: Motion by Mr. Tolos, seconded by Ms. Latoski to approve the minutes of October 27, 1992 as written but with clarification regarding Mr. Valkenburg's excused absence and Ms. Rogers unexcused absence. Motion carried by a unanimous voice vote. 4. Public Hearings: Ms. Corbin asked that all citizens and staff members that were going to speak to please stand and raise their right hand as the secretary sworn them in. Mr. Mantzaris stated that we would need the name of each person. Ms. Jackson explained that each person speaking had completed a information form giving all prudent information. CEB -1208 - John A. Dorelli Mr. Baker was sworn in and presented his qualifications. He then began to present the case. He explained that Mr. Dorelli submitted plans for a screen room, however he had now enclosed the room with windows. He stated that the City would like the Board to instruct that the room be returned to a screen room as planned. A Stop Work order was also issued, which was ignored. Mr. John Dorelli spoke on his behalf. ( Mr . Valkenburg arrived at this time.) Mr. Dorelli presented pictures of the room as Respondent Exhibit "A ". He also submitted his plans for the room as Respondent Exhibit "B ". Mr. Bill Culbertson, City Building official stated his qualifications and further explained the violation. CEB/01 -26 -93 PAGE TWO (2) After much discussion, the Hearing was closed and the Board discussed the case. Mr. Lomax made a motion, seconded by Mr. Valkenburg, that based on the evidence seen and testimony given, to find the respondent guilty of violating 1988 Standard Building Code Section 1104.4.1. Motion passed by a unanimous roll call vote. Mr. Lomax continued his motion, seconded by Ms. Latoski to give the respondent two (2) weeks or until February 9, 1993 to bring the property into compliance or to submit to the City plans to come into compliance; or a penalty of $10.00 per day would be imposed and would continue for each and every day of non- compliance; and in the case of non - compliance, to begin lien and foreclosure proceedings. Motion passed by a 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 were determined by the Board: FINDINGS OF FACT 1) Respondent is in violation. 2) Plans submitted were for a screen room not an enclosed room. CONCLUSIONS OF LAW Respondent is guilty of violating 1988 Standard Building Code Section 1104.4.1. 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 February 9, 1993 and if such compliance is not achieved to the satisfaction of the City of Longwood, a fine of ten (10.00) dollars per day is hereby assessed until compliance. The Board further directed that the clerk prepare such order and the order by duly issued with the signature of the Chairwoman or her designee. CEB -1249 - Steve L. Crier Mr. Baker advised the Board that we did not have good service on this case. He asked for this case to be postponed. CEBI01 -26 -93 PAGE THREE (3) CEB -1210 - Bryan Almaroad & Mary Jones Mr. Baker presented qualifications and the case. Mr. Culbertson discovered Mr. Almaroad building a porch structure on his home. Mr. Culbertson issued a Stop Work order, because Mr. Almaroad was not issued a permit. Mr. Almaroad was advised that he needed to apply for a permit. Mr. Almaroad's wife called and stated that Mr. Almaroad was in Miami and could not attend this meeting. Mr. Baker advised her that she should be present at this meeting to ask for a continuance. Mr. Baker stated that all the City would like Mr. Almaroad to do, is apply for a building permit. Mr. Culbertson explained in more detail the violation and what Mr. Almaroad would have to do to come into compliance. The Hearing was closed and the Board discussed the case. Mr. Tolos made a motion, seconded by Ms. Latoski that based on the evidence seen and testimony given, to f ind the respondent guilty of violating Zoning ordinance 495, Section 5-19. Motion passed by a unanimous roll call vote. Mr. Tolos continued his motion, seconded by Mr. Valkenburg, to give the respondent two ( 2 ) weeks or until February 9, 1993 to bring the property into compliance or a penalty of $10.00 will be imposed and will continue for each and every day of non- compliance. After discussion, upon motion made and duly seconded, it was RESOLVED, that the following Findings of Fact and Conclusions of Law were determined by the Board: FINDINGS OF FACT 1) Respondents are in violation. 2) Respondents were issued a Stop Work order. 3) Respondents were advised to attend meeting to request continuance. CONCLUSIONS OF LAW Respondents are guilty of violating Zoning ordinance 495, Section 5 -19. ISSUANCE OF ORDER Pursuant to the above Conclusion of Law and its power under Florida Statue, Section 162 and local law, the Board issues an CEBI81 -26 -93 PAGE FOUR (4) order directing the respondents to fully comply and come into compliance with the above sections of law on or before February 9, 1993 and if such compliance is not achieved to the satisfaction of the City of Longwood, a fine of ten (10.00) 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 chairwoman or her designee. CED --1211 - Mary S. Hubbard Ossielee & Judith Mullis Mr. Baker presented the case. He stated that Mr. Hubbard builds bar- -b -que grills. Several neighbors have complained. Mr. Baker was surprised that some of the neighbors were not present for this meeting. Mr. Baker presented pictures as City Exhibit "A ". There was some discussion regarding notification of this violation to the property owner. Mr. Mantzaris stated that the tenant was notified of the violation, so the Board could proceed against the tenant and any warning would need to be issued to the tenant only. The Hearing was closed and the Board discussed the case. Mr. Tolos made a motion, seconded by Ms. Latoski, that based on the evidence seen and testimony given to find the respondent, Mary S. Hubbard guilty of violating Zoning Ordinance 495, Section 618.6.B. Motion passed by a unanimous roll call vote. Mr. Tolos continued his motion, seconded by Ms. Latoski, to give the respondent, Mary S. Hubbard ten (lo) days or until February 5, 1993 to bring the property into compliance or a penalty of $100.00 per day will be imposed and will continue for each and every day of non-compliance. Motion passed by a five to one mar j ority , with Ms. Latoski, Mr, Sul 1, Mr . Lomax, Ms. Corbin, Mr. Tolos voting aye and Mr. Valkenburg voting nay. After discussion, upon motion made and duly seconded, it was RESOLVED, that the following Findings of Fact and Conclusions of Law were determined by the Board: FINDINGS OF FACT 1) Respondents are in violation. 2) Rental tenants have been advised of code violation. CEB/01 -26 -93 PAGE FIVE (5) CONCLUSIONS OF LA`r►T Respondent is guilty of violating Zoning Ordinance 495, Section 618.6.B. ISSUANCE OF ORDER Pursuant to the above Conclusion of Law and its power under Florida Statute, Section 162 and local law, the Board issues an order directing the respondent to fully comply and come into compliance with the above sections of law on or before February 5, 1993 and if such compliance is not achieved to the satisfaction of the City of Longwood, a fine of one hundred (100.00) 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 Chairwoman or her designee. CEB -1212 - William S. Largent Mr. Baker stated there was no service on this case. He asked to postpone this case to next month. CEB -1213 - U.S. Sprint Mr. Baker presented the case. He stated that this case involved a buffer wall being required due to being Industrial property abutting Residential property. The Code requires a buffer zone between the two. Mr. Baker stated that there was a request for a continuance. Mr. Robert Green stated that he was the attorney representing U.S. Sprint. He stated that he was retained the prior Thursday to represent U.S. Sprint, as their real property office is located in Kansas City, Missouri. There was some confusion as to if the property was covered under the Ordinance stating the need to a buffer zone between different Zoning properties. This building was built in 1978 and Mr. Baker was researching to determine if the Ordinance was passed prior to or after 1978. Mr. Green was requesting a continuance due to this research that needed to be completed and that U.S. Sprint was not present due to the understanding that a continuance could be granted. Ms. Sherry Vitro stated that she did not feel that Sprint should be issued a continuance due to this having been an on going problem for over a year. She stated that whether the Ordinance was passed prior to or after 1978 does not matter because the use of the land changed two years ago when the Reserve Center moved there, which makes them responsible to put up the buffer. CEB/01 -26 -93 PAGE SIX (6) There was much discussion regarding the on going problems with U.S. Sprint. Ms. Corbin explained that this case had never been brought before the Code Enforcement Board before. The Board acknowledged that the problems needed to be handled immediately, however the Board also considered Mr. Green's situation, with his being retained only six days prior to this meeting. Due to the extreme circumstances, Mr. Valkenburg made a motion to call a Special Meeting in one week, being Tuesday, February 2, 1993, in regard to case CEB -1213 , City of Longwood vs U.S. Sprint. The motion was seconded by Ms. Latoski and passed by a unanimous roll call vote. 5. old Business: Mr. Baker stated the status of the previous cases that were issued a Notice of Hearing. Some of these cases did go before the Board and others complied prior to the meeting. 6 . New Business: Ms. Corbin asked if there was any new business other then the Special Meeting scheduled for Tuesday, February 2, 1993. She advised the Board members that they need to make sure that they do attend the meeting, and if for any reason they can not attend, to notify Ms. Jackson. 7. Adjournment: Motion by Mr. Lomax, seconded by Ms. Latoski to adjourn the meeting. Respectfully submitted, r f Dawn Jackson Recording Secretary Pat Corbin, Chairwoman