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CEB_07-27-93_MinAMENDED 48- -17 -93 The Caries Enforcement Board of the City of Longwood, Florida met on July 27, 1993 at 7:30 P,M, Present: Ernest Tolos Gloria Latoski Warren Bull Lynette Dennis George Valkenburg Daniel Mantzaris, CEB Attorney Leslie Blau, City Attorney's Associate Cathy Price, Code Enforcement Officer Bill Culbertson, Building official Eva Neisler, Substitute Secretary 1. CALL MEETING TO ORDER The meeting was called to order at 8:40 P.M, by Daniel Mantzaris, due to the Board not having a Chairman. 2. ROLL CALL The secretary called the roll and all members were present. 3. ELECTION OF OFFICERS Mr. Mantzaris asked for nominations for the Chairman position. Mr. Valkenburg nominated Mr. Tolos for Chairman, seconded by Ms. Latoski. There were no other nominations for chairman. The nomination of Mr. Tolos as Chairman passed by a unanimous roll call vote. Mr. Mantzaris at this time turned the meeting over to Mr. Tolos. Mr. Tolos requested nominations for Vice-Chairman. With no response, Mr. Tolos nominated Ms. Latoski as Vice - Chairman, seconded by Mr, Valkenburg. Motion passed by a unanimous roll call vote. 4. RULES AND REGULATIONS. Due to the late start of the meeting, Mr. Bull made a motion that the discussion and the adoption of the Rules and Regulations be postponed to the next meeting. Ms. Latoski seconded the motion. Motion carried with a 4 to 1 vote, with Mr. Tolos, Ms. Latoski, Mr. Bull and Mr. Valkenburg voting aye and Ms. Dennis voting nay. 5. APPROVE MINUTES OF PREVIOUS MEETINGS: A) REGULAR MEETING, MARCH 23, 1993 Mr. Bull made a motion to approve the minutes from March 23, 1993, seconded by Ms. Latoski. Motion passed by a unanimous voice Vote. B) SPECIAL MEETING, APRIL 27, 19 9 3 Mr. Tolos noted several errors that needed to be corrected in the April 27, 1993 minutes, (1) under Section 3, first paragraph, third line from the bottom, reads "prior", should be "proper", ( 2 ) under Section 3, second paragraph, next to the last line, reads "sited ", should be "cited" and (3) under Section 3, second paragraph, last line, reads "simple ", should be "simply ". He then asked for a motion to approve the minutes. Ms. Latoski made a motion to approve the minutes as amended of the April 27, 1993 meeting, seconded by Mr. Valkenburg. Motion passed by a unanimous voice vote. 6. PUBLIC HEARING. Mr. Tolos asked all individuals that were planning to speak to please stand and be sworn in. CEB- 93 -05 -01 Gloria E. Elaine Ms, Price submitted pictures of the property, labeled as City Exhibit 1 and presented the case. Ms. Elaine does not live at this location, her brother resides at this address. The pool in the rear yard has been drained, although there is rain water standing in the pool and the grass is in excess of two feet tall. There were 18 dogs on this property, but the dogs have been removed. This property is in foreclosure however the bank cannot go on the property until the proceedings are complete. Mr. Ernest Wilkes spoke in opposition, stating that he has been fighting this for a year, Has had problems with snakes, rats, and garbage, etc. Ms. Linda Saunders also spoke in opposition, expressing dismay over serious mosquito problems. She stressed the need for some action immediately. Mr. Bill Culbertson, City Building official stated that the City's Public Works Department can clean up and mow, and charge the property owner. Mr. Mantzaris stated that the Board does not have the authority to direct Public Works to clean up the property. The Board may make a recommendation and let the City take it from there. The Hearing was closed and the Board discussed the case. Mr. Valkenburg made a motion, seconded by Ms. Latoski that based on the evidence seen and testimony given to find the respondent, Gloria E. Elaine, guilty of violating City Code, Chapter 12, 12-2(2) & ( 3 ) and chapter 12, 12-2(10), Motion passed by a unanimous roll call vote. Mr. Valkenburg continued his motion, seconded by Ms. Latoski to give the respondent, Gloria E. Elaine ten (10) days from the date of this meeting 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 unanimous roll call vote. K The Board requested that the secretary advise the city Commission of their recommendation for abatement proceedings by virtue of this meeting's minutes. CEB- 93- -07 -02 Reinaldo & Emerita Gallego Ms. Price asked permission to come back to this case and jump ahead to case CEB- 93- 07 -08, due to the late start of the meeting and since the respondent was present to speak in regard to case CEB- 93- 07 -080 CEB- 93-07 -08 Waterline Pools & Spas. Inc. Victor L. Norberg Deborah L. Carling Ms. Price passed out pictures, labeled as City Exhibit 1 and presented the case. Ms. Price stated that she gave the respondent a compliance date of June 28, 19 9 3 . Mr. Norberg did not feel that he was given enough t ime . Ms, Price then extended his dead 1 ine f or compliance to July 7, 1993, Mr. Norberg was cited for having a semi- trailer that was being use as a work shop. He also had spas stored on top of the trailer. Furthermore, there was storage in several required parking spaces. Ms. Price stated that the trailer that was being used for a work shop had been removed. Mr. Norberg stated that he was not sure of which trailer was in violation. Ms. Price explained that both trailers are in violation. Mr. Norberg stated that the storage trailer is not used only for storage. He stated that the Building official and the Fire Department have been to his property and nothing was ever said. He asked for clarif ication as to how critical it was to move the trailer. He further stated that the trailer is utilized daily, and questioned if he could apply for a variance. Mr. Valkenburg asserted that he did not feel this was in violation. Mr. Tolos suggested that Mr. Norberg have a meeting with Mr. Culbertson, the Building official. The Hearing was closed and the Board discussed the case. Ms. Latoski made a motion, seconded by Mr. Bull to postpone this case until the next regularly scheduled meeting, to try to work out some arrangements. Motion passed by a unanimous roll call vote. CEB- 93 -07 -02 Reinaldo & Emerita Gallego Ms. Price introduced pictures of the property, labeled as City Exhibit 1 and presented the case. She explained that the gate is not secured and in the rear of the property the fence is falling due to the weight of the grape vines. She further stated that she received no response from the owner, who lives in New York. She 3 also spoke with the tenants and they seemed to be unconcerned. Mr. Mantzaris suggested citing the tenant rather than the owner. In most cases the tenant is in control of the property. Mr. Valkenburg expressed his opinion that both the owner and the tenant should be cited. After further discussion, it was a consensus of the Board that both the owner and the tenants should be cited. The Hearing was closed and the Board discussed the case. Motion by Mr. Valkenburg, seconded by Ms. Latoski, that based on the evidence seen and testimony given to find the respondent, Reinaldo & Emerita Gallego guilty of violating Zoning ordinance 495, section 609.3A.1(c ) . Motion passed by a unanimous roll call vote. Mr. Valkenburg continued his motion, seconded by Ms. Latoski, to give the respondent, Re ina ldo & Emerita Gall ego 14 days from the date of this meeting to bring the property into compliance or a penalty of $50.00 per day will be imposed and will continue for each and every day of non-compliance. Motion passed by a unanimous roll call vote, The Board took a five minute recess at this time. CEB -93- 07--03 John S. & Janet S. Worling Ms. Price presented the case and submitted a picture, labeled as City Exhibit 1. Property is partially in compliance. Respondent has cleaned up a large part of the debris, however large sections of tree trunk still remain on property. The Hearing was closed and the Board discussed the case. Mr. Bull made a motion, that based on the evidence seen and testimony given to find the respondent, John & Janet Wor 1 ing guilty of violating City Code Chapter 12, 12-2 ( 2 ) & ( 3) . Mr. Valkenburg seconded the motion. Motion passed by a unanimous roll call vote. Mr. Bull continued this motion, seconded by Ms. Latoski, to give the respondent, John & Janet Wor 1 ing 60 days from the date of this meeting to bring the property into compliance or a penalty of $10.00 per day will be imposed and will continue for each and every day of non - compliance. Mr. Tolos stated that he felt that the respondent should have to come into compliance sooner than 60 days. Mr. Mantzaris explained that during the discussion section of the hearing, the Board needs to come to an agreement before the motion is made. Mr. Valkenburg then asked if the motion could be amended. Mr. Bull's motion was amended to give the respondent to the next scheduled meeting date 4 to come into compliance. He further amended the penalty of $10.00 be changed to no fine, with the fine being decided at the next scheduled meeting should the respondent not be in compliance. Ms. Latoski seconded the amended motion. The amended motion passed by a unanimous roll call vote. CEB- 93 -07 -04 Barbara Bole Ms. Price advised the Board that this case came into compliance prior to this meeting. CEB- 93- -07 -05 Jacob & Sherry Boone Ms. Price presented the case. The vehicle has been removed, the Police Department towed the vehicle. The high grass however still remains. The home is unoccupied. Ms. Price stated that she has sent registered letters, which were returned with no forwarding address. Mr. Valkenburg questioned ownership. Ms. Blau explained that a title search would cost approximately $200.00. Ms. Price has checked the tax rolls. The Hearing was closed and the Board discussed the case. Motion by Mr. Valkenburg, seconded by Mr, Bull that based on the evidence seen and testimony given to find the respondent, Jacob & Sherry Boone guilty of violating City Code, Chapter 12, 12-2 (1) & (2 ). Motion passed by a unanimous roll call vote. Mr. Valkenburg continued his motion, seconded by Mr. Bull, to give the respondent, Jacob & Sherry Boone 14 days from the date of this meeting to bring the property into compliance or a penalty of $25,00 per day will be imposed and will continue for each and every day of non -- compliance. Motion passed by a unanimous roll call vote. CEB- 93- -07 -06 Krishnat & Lynette Ragoonanan Ms. Price advised the Board that this case came into compliance prior to this meeting. CEB- 93 -07 -07 Ruth B. Smith Ms. Price advised the Board that this case came into compliance prior to this meeting. CEB- 93 -07 -09 Resolution Trust Corp. c/o Wendover Funding, Inc. The case was presented by Ms. Price and she submitted pictures of the property, which were labeled as City Exhibit 1. This property is vacant. Ms. Price stated that she has received no response from the respondent. She sent paperwork by certified 61 mail, which was signed for and we received return receipt. The Hearing was closed and the Board discussed the case. Mr. Valkenburg made a motion, seconded by Mr. Bull, that based on the evidence seen and testimony given, to find the respondent, guilty of violating City Code, Chapter 12, 12-2 (1) & (10) . Continuing his motion, Mr. Valkenburg further moved to give the respondent, 7 days from the date of this meeting to bring the property into compliance or a penalty of $25.00 per day will be imposed and will continue for each and every day of non-compliance. Motion passed by a unanimous roll call vote. CEB- 93 -07 -10 Andree Horne Ms. Price advised the Board that this case came into compliance prior to this meeting. CEB- 93 -07 -11 Wayne Doyle Ms. Price advised the Board that this case came into compliance prior to this meeting. 7. OLD BUSINESS: A) STATUS OF PREVIOUS CASES: CEB -1214 U.S. National Armory Ms. Price stated that previously the Board found this case in non-compliance on two separate issues, involving two separate Board orders, outside storage violation and buffer yard violation. The buffer yard is now in compliance, however the outside storage is still in non -- compliance. There is a daily fine accruing and requested permission to place a lien on the property to protect the City's interest. Mr. Valkenburg made a motion, seconded by Ms. Latoski to urge the Code Enforcement officer and the powers that be to file said lien. Motion passed by a unanimous roll call vote. CEB -1215 Henry Jr. & Mary D. Hardy Ms. Price explained that due to the changes in personnel, the items that were requested to be discussed at this meeting will actually be scheduled for the next meeting, After much discussion regarding the status of each violation, Ms. Price delivered the following clarification. The first issue was regarding the sign, which no action was taken, due to the motion failing. The second issue pertains to the building permit, which gave the respondent ten (10) days to comply. They have not come into compliance on this issue; therefore, this violation is currently accruing $100.00 per day and has been running for 116 days. The third and tenth issues were being handled through DER. The fourth issue applies to the damage and destruction of the trees, this is one of the issues to be continued to the next meeting. The junk vehicles have been resolved. The ninth issue pertained to the zoning, which could not be voted on due to the zoning being stated incorrectly. The eleventh was with regard to the business not being in compliance with the City's occupational license ordinance, which also was continued to the next meeting. 8. NEW BUSINESS Mr. Valkenburg questioned why a case has to be brought back before the Board to make a ruling and motion for the filing of a 1 ien . He further stated that if the original motion states to file a lien if the case remains in non - compliance, why repeat the action. Mr. Mantzaris stated he had no problem with the original motion allowing the filing of a lien, however if there needs to be a foreclosure filed, the case should be brought back to the Board for ruling and motion. Mr. Tolos stated that due to several articles in the paper he would like to take a stand and state that the Code Enforcement Board is not to be used as a political platform. He further added that if any Board member discusses any on -going case with any others, he will continue to initiate legal proceedings. Mr. Tolos suggested that when the two vacant seats on the Board are taken, to schedule a work session to have an orientation. 9. ADJOURNMENT Motion to adjourn made by Mr. Valkenburg, seconded by Ms. Latoski. Motion carried by a unanimous voice vote. Respectfully submitted, Dawn B. Jackson, Recording Secretary y Ernest Tolos, Chairman 7