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CEB_04-26-94_MinThe Code Enforcement Board of the City of Longwood, Florida met on April 26, 1994 at 7 :30 P.M. Present: Ernest Tolos, Chairman Dana Addison, Vice Chairman Butch Bundy Jim DeGore Lynette Dennis Janis Soyer George Valkenburg Amy Goodblatt, CEB Attorney Richard Taylor, City Attorney Cathy Price, Code Enforcement officer Dawn Jackson, Recording Secretary 1. CALL MEETING TO ORDER Chairman Tolos called the meeting to order at 7:35 P.M. or 2. ROLL CALL The secretary called the roll, all members were present. 3. APPROVE MINUTES OF PREVIOUS MEETING: March 22, 1994 Chairman Tolos stated a correction needed to be made under Section 4, the second paragraph, "with Ms. Dennis ref ramie " should read 'with Ms, Dennis- refraining Chairman Tolos made a motion to accept the minutes with the requested correction, seconded by Mr. DeGore. Motion carried by an unanimous voice vote. At this time during the meeting, Chairman Tolos advised the members to take note of the copy supplied to them from the Florida Commission on Ethics Guide to the Sunshine Amendment and Code of Ethics for Public officers and Employees. 4, PUBLIC HEARINGS: Chairman Tolos asked all persons wishing to testify to please stand and be sworn in by the Secretary. The Secretary explained to the respondent attending that he would need to complete a respondent sign in sheet. The secretary then swore in Ms. Price and Mr. Edward Lombardi. A) APPEARANCES: 1. CEB- 34 -04 -57 Ernest M. & Betty J. YOUMANS Ms. Price advised the Board that this case came into compliance prior to this meeting._ I 2. CEB- 94- -04 -58 Dean L. & Verdenne K. BIXBY Ms. Price advised the Board that this case came into compliance prior to this meeting. 3. CEB- 94- -04 -59 Lee A. & Suzanne M. JENKINS Ms. Price explained that no respondent is present for this case however the respondent for the next case, CEB- 94-- 04 -60, is present. She asked that for Mr. Lombardi's convenience if the Board would agree to hear Mr. Lombardi's case first. It was a consensus of the Board to move case number CEB- 94- 04 -60, Edward L. and Patricia Lombardi forward. 4. CEB- 94- -04 -60 Edward L. & Patricia LOMBARDI Ms. Price presented the case. She explained that this case involved a land use issue as well as violations including high grass and miscellaneous junk, including cannibalized qonoperable vehicles. Ms. Price submitted pictures of the property as City Exhibit "A ". Ms. Price further explained that this property is a rental, the rental tenant being Mr. Gane. The Board addressed no questions to the Code Enforcement Board officer. At this time, Mr. Lombardi expressed his feelings regarding this matter. Mr. Lombardi did not feel the problem was his, the problem was with the tenant. He stated that if the City has a problem with the tenant, deal with the tenant, not the property owner, Mr. Gane has been his tenant for four years and has been a good tenant. Mr. Lombardi explained that repairing old vehicles is Mr. Gane's hobby. Ms. Dennis questioned Mr. Lombardi with regard to being the property owner and the responsibility of maintaining the property. Mr. Lombardi stated that he did feel that it was somewhat his responsibility. There was much discussion regarding if the selling and repairing of the vehicles was a hobby. Ms. Price stated that it really did not make a difference if it was a hobby. The Hearing was closed and the Board discussed the case. There was a motion by Mr. DeGore that based on the evidence seen and testimony given to allow the respondent 30 days to come into full compliance, After discussion, Mr. DeGore amended his motion that based on the evidence seen and testimony given to find the respondent guilty of violating City Code, Chapter 22, 2 2 - 2 8 and Chapter 12, 12-2 (1) ( 2 ) and Zoning ordinance # 495, Sect ion 508.1. 508.2A and 620.2B and to give the respondent 25 days to bring the property into compliance or a penalty of $50.00 per day per 2 violation will be imposed and will continue for each and every day of non - compliance. Motion failed due to a lack of a second. Chairman Tolos made a motion that based on the evidence seen and testimony g iven to find the respondent guilty of violat ing City Code, Chapter 22, 22 -28 and Chapter 12, 12 -2 (1) (2) and Zoning Ordinance # 495, Section 508.1, 508.2A and 620.2B and to give the respondent until May 23, 1994 to bring the property into compliance. Chairman Tolos then asked for a second, Mr. DeGore seconded the motion. Chairman Tolos continued his motion that a penalty of $50.00 per day per violation will be imposed and will continued for each and every day of non - compliance, this motion also seconded by Mr. DeGore. Ms. Dennis questioned if the motion could be made in this matter. Ms. Goodblatt directed that it was best to include the verdict, time frame and the penalty as one motion. She stated that we could continue with this motion, however in the future motions should be made completely, seconded and voted upon, Motion carried by a majority vote with Mr. DeGore, Ms. Soyer, Ms. Addison, Chairman Tolos, Ms. Dennis, Mr. Bundy voting aye and Mr. valkenburg voting nay. Chairman Tolos, asked Mr. Lombardi if he understood the ruling. Mr. Lombardi stated that he did not understand, stated that he was completely confused. After trying to explain further to Mr. Lombardi, Chairman Tolos instructed Ms. Price to give Mr. Lombardi copies of each violation as stated in the City Code. Mr. Lombardi received the copies and left the meeting. At this time in the meeting, we returned to the previous case. 3. CEB- 94 -04 -59 Lee A. & Suzanne M. JENKINS Nis, Price presented the case. This case involved work that was done without a permit installing an above ground pool and fencing. Ms. Price further stated that this case endangered the health and safety of others due to not having pulled the necessary permits for electrical work that was done. Ms. Goodblatt questioned 'if the green "received" card had been returned. Ms. Price advised that she was bringing this case before the Board under City Code, Chapter 12, 12 -1 (1) creating a Condition which endangers the health and safety of others and City Code, Section 2-138 ( c ) The Hearing was closed and the Board discussed the case. Motion was made by Mr. valkenburg, seconded by Ms. Dennis that based on the evidence seen and testimony given to find the respondent guilty of violating City Code, Section 5--19 and City Code, Chapter 12, 12 -1 (1) and to give the respondent 10 days to bring the property into compliance or a penalty of $75.00 per day will be imposed and will continue for each and every day of non- 3 comp 1 iance and further moved to order the respondent not to permit the use of the pool effective immediately upon receipt of service and if the pool is found to be in� use during this time a f ine of $250.00 per day be imposed. Motion carried by an unanimous roll call vote. 5. OLD BUSINESS: A) STATUS OF PREVIOUS OASES: 1. CEB- 94 -01 -54 Clara D. & Anne L. LADEZ 2o CEB- -9 4 - 01 --55B Ahmadi SAMAN Ms. Price stated that both the previous cases are now in compliance. They were both address violations and have been corrected. 6. NEW BUSINESS A discussion began regarding the making of motions. Mr. Taylor suggested that the City supply recommended motions similar to those supplied to the City Commission for their meetings. It was a consensus of the Board to have recommended motion supplied with each packet. Ms. Addison questioned how much longer she would have to wait to receive a Code Book. A discussion began due to several members not having a Code Book. It was a consensus of the Board that ALL members MUST have a Code Book. The Board directed the Secretary to make sure that all members receive a Code Book, even if the book has to be copied in-- house, by the next scheduled Code meeting. Ms. Goodblatt asked that discussion of the forms be scheduled on the next agenda. It was a consensus of the Board that the discussion be scheduled on the next agenda. 7. ADJOURNMENT Mr. Valkenburg made a motion to adjourn, seconded by Ms. Addison. Meeting adjourned at 9 :10 P.M. Dawn B. Jackson, Recording Secretary 4