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CEB_09-27-94_MinThe CODE ENFORCEMENT BOARD of the City of Longwood, Florida met on September 2 1994 at 7 :30 P.M. Present: Dana Addison, Vice Chairman Butch Bundy Jim DeGore Lynette Bennis Amy Goodblatt, CE B Attorney Richard Taylor, City Attorney John Brock, Building & Punning Director Cathy Price, Code Enforcement Officer Dawn Jackson, Recording Secretary Absent: Ernest Tolos Janis Soyer George V a lkenbu rg 1. CALL MEETING To ORDER Vice Chairman Addison called the meeting to order at 7:35 P.M. 2. ROLL CALL The secretary called the roil, all members were present with the exception of Ch Tolos, Ms. Soyer and Mr. Valkenburg, all of whom called the secretary to advise her of their scheduled absences. 3. APPROVE MINUTES OF PREVIOUS MEETING: August 23, 1994 Vice Chairman Addison noted one correction on the first page, first paragraph under #3. " " should read " " . Mr. Bundy made a motion to approve the minutes of August 23, 1994 as submitted with the noted amendment. Motion was seconded by Mr. DeGore and carried by an unanimous voice vote. 4. PUBLIC HEARINGS: The secretary asked all individuals wishing to testify to please stand and be sworn in. Ms. Cathy Price and Mr. Lewis Tryon were both sworn in by the secretary. A) APPEARANCES: 1. CEB- 94 --W -72 HRH REALTY ASSOCIATES, Barnard HERSKOWITZ, Gen. Parnter MORBITZER GROUP, INC., Tina MORBITZER Pres. (Prop. Mgr.) David TRY OIL , owner Dependable Lawn Equip. Lewis H. TRYON, Lease Owner Ms. Price presented the case, advising the Board that this case resulted from a letter she found from the previous City Planner, Dick Wells. This case involves Mr. Lewis Tryon living in an RV which is parked behind the business located at 400 E. SR 434. Also there is an accumulation of trash (mower parts, etc.) being stored on this property and an inoperable vehicle on the property. Furthermore a shed and fence were erected Without obtaining a City Building permit. Ms. Price submiaed pictures as City Exhibit " A " O Ms. 000dblatt read Chapter 12, 12 -2(2) of the City Code, as the Board decided to address each violation as a separate case. The first listed violation pertained to the accumulation of mowers and miscellaneous trash. Mr. Tryon gave testimony that he felt the problem was the "living in the RV ". He stated that he did not live in the RV . Ms. 000dblatt attempted to guide Mr. Tryon to the subject of the trash and explain that we will address the RV later in the n ee ting . Mr. Tryon stated that he didn't have a problem with cleaning up the trash or putting up a fence to conceal the gash. vice C ' Addison made a notion to close the public hearing on this individual violation of City Code, Chapter 12, 12 -2(2), seconded by Mr. Bundy. Motion carried by an unanimous voice vote. Mr. Bundy made a notion, seconded by Vice Chairman Addison to reopen the public hearing as Mr. Wilt, Attorney for HRH Realty and Morbitzer stepped forward and requested to speak. Motion carried by an unanimous voice vote. The secretary then swore Mr. Scott Wilt in, followed by his testimony. Mr. Wilt asked that the Board not cite HRH Realty and/or Morbitzer Group. He stated that whatever decision the Board came to, HRH would comply. Mr. Taylor stated that the property owner should not wait until the City serves violation notice. Ms. Coodblatt further stated that the property is always under the control of the property owner and that she felt the property owner should be cited and fined the same as the tenant. Mr. Wilt again expressed that HRH wants to cooperate and solve the problem. Vice Chairman Addison made a motion to once again close the public hearing on violation of City Code, Chapter 12, 12-2(2), seconded b Mr. Bundy. Motion carried by an unanimous voice vote. Motion by Ms. Dennis, seconded by Mr. Bundy that based on the evidence seen and testimony heard being an accumulation of lawn mowers and miscellaneous parts and trash to find the respondents; Dependable Lawn Equipment, David Tryon, Business owner, Lewis H. Tryon, Lease owner and HRH Realty Associates guilty of violating City Code, Chapter 12, 12 -2(2) and to give the respondents one week or until October 4, 1394 to bring the property into compliance by removing the accumulation of mowers and miscellaneous trash from the property or a penalty of $50.00 will be imposed and will continue for each and every day of non - compliance. Motion carried by an unanimous roll call vote. The next violation addressed was City Code, Chapter 22, 22 -28 regarding the inoperable vehicle. Ms. Ooodblatt read this section from the City Code. Mr. Tryon stated that he would have the vehicle removed. Mr. DeCore made a motion, seconded by Mr. Bundy to close the public hearing on violation of City Code, Chapter 22, 22 -28. Motion carried by an unanimous voice vote. Mr. DeOore made a motion that based on the evidence seen and testimony heard to find the respondents guilty of violating City Code, Chapter 22, 22 -25 and to give the respondents one week or until October 4 1994 to bring the property into compliance by removing the inoperable vehicle from the property or a penalty of $25.00 will be inqxmW and will continue for each and every day of non - compliance. Before a second was given, Mr. Ooodblatt suggested that the motion be amended to state the respondents and the finding of fact. Mr. DeOore amended his motion that based on the evidence seen and testimony heard being a junked, inoperable vehicle to find the respondents; Dependable Lawn Equipment, David Tryon, Business Owner, Lewis H. Tryon, Lease owner and HRH Realty Associates guilty of City Code, Chapter 22, 22 -28 and to give the respondents one week or until October 4, 1994 to bring the property into compliance by removing the inoperable vehicle from the property or a penalty of $25.00 will be imposed and will continue for each and every day of non-compliance. Ms. Dennis seconded the amended motion. Lotion carried by an unanimous roll call vote. Ms. Price advised that the respondents have come into compliance regarding applying for a permit for both the fence and the shed. Ills. Price explained that this violation of Zoning ordinance #495, Section 620. 1, addressed the intent for outside storage. After additional discussion, Mr. Taylor advised that the City would withdraw this violation. Continuing with the other violations, Ms. Goodblatt read Zoning Ordinance #495, Section 546.2A and 5W.2B. Ms. Price read the letter from Mr. wells. Since the City can find no record of written correspondence to support the claim of previous verbal permission for residential use of the property and that the City Code does not allow residential use on the property, that the City continue enforcement to eliminate residential use on the property. Mr. Tryon stated that he did live in the RV during the time he was doing alterations on the building. He stated that he does not live there any longer. Mr. 'VW i lts again spoke on behalf of HRH Realty. He continued stating that he would hope the Board would not cite HRH Realty. He further stated that if Mr. Tryon does not comply and a lien is placed, it will damage HRH's property rights. He stated that HRH can not as the landlord go onto the property and perform the required task to bring this property into compliance. Mr. DeGore made a motion to close the public hearing. Seconded by Ms. Dennis and carried by an unanimous voice vote. Ms. Dennis made a motion that based on the evidence seen and the testimony heard namely a RV being used as a residence in C -2 zoning to find the respondents; Dependable Lawn Equipment, David Tryon, Business owner, Lewis H. Tryon, Lease owner and HRH Realty Associates guilty of violating Zoning ordinance #495, Section 506.2A, 506.2E and 605.2B and to give the respondents one week or until October 4, 1994 to bring the property into compliance by removing the RV or a penalty of $100.00 will be imposed and will continue for each and every day of non -compliance. Vice Chairman Addison asked Ms. Dennis if she would like to amend her motion due to Section 505.2B not being the correct section in violation. Ms. Dennis amended her motion that based on the evidence seen and testimony heard namely a RV being used as a residence in C -2 zoning to find the respondents; Dependable Lawn Equipment, David Tryon, Business owner, Lewis H. Tryon, Lase Owner and HRH Realty Associates guilty of violating Zoning ordinance #495, Section 506.2A and 506.2E and to give the respondents one week or untfl October 4, 1994 to bring the property into compliance by removing the RV or a penalty of $100.00 will be imposed and will continue for each and every day of non - compliance. Motion was seconded by Mr. Bundy and carried by an unanimous roll call Grote. Ms. Price advised that the respondents had come into compliance regarding applying for permits for allowable signage and removing the mowers and equipment being used for signage. 5. OLD BUSINESS: A3 STATUS OF PREVIOUS OASES: 1. CEB- 94- 04 --59 Lee A. & Suzanne M. JENKINS Its. Price stated that Mr. & Mrs. Jenkins staned the necessary paperwork, but never completed it. Therefore a fine of $75.00 per day has been accruing since May 11, 1944. To date of this meeting, the total was $10,500.00, 2. CEB- Edward L. & Patricia LOMBARDI Mr. & Mrs. Lombardi came into compliance by the required date. 3. CEB-94 -08-67 RITEWAY MUFFLER & BRAKE SHOP Timothy Allen came in and app 1 ied for his signage. He is in compliance. 4. OEB- 94- -08 -70 Joseph L. & Traci R. WUERZ Mr. & Mrs. Wuerz have applied for their fence permit, they are now in compliance. 5. CEB- 94-08.71 David & Joan D. OORDEK Mr. & Mrs. Cordek are also in compliance. Ms. Goodblatt inquired if a certified copy of the order had been recorded. Ms. Price explained that due to our Code, we have to wait six months. Ms. Goodblatt stated our code states that it can be filed and after six months the Board can close on the lien. It was suggested that the City may want to record the lien as soon as possible since the amount has increased to $10,500.00. It was a consensus of the Board to send a certified letter to notify the Jenkins of the lien, the amount of the lien and that the City will be recording the lien. It was also a consensus to subpeona the Jenkins to the next meeting if no work has been done. 6. NEW BUSINESS Ms. Goodblatt asked that the Code Enforcement Officer mare sure the code section is noted on the Notice of Nearing. Mr. Taylor advised the Board that he has requeswd the Commission give him permission to draft an ordinance changing several areas of the Code regarding Code Enforcement which have been changed by Florida State Statute. The Commission did grant him the request. It was a consensus of the Board that the October meeting be scheduled to start at 7:00 instead of the usual 7:30 due to the election of officers and the adoption of the mules and Regulations. It was suggested that the meeting time be changed permanently. It was also a consensus of the Board to have the secretary ask each member of their preference regarding the time of the meetings. 7. ADJOURNMENT Mr. Bundy made a motion to adiourn the meeting. Motion carried by an unanimous voice vote. The meeting a4iourned at 9:30 P.M* Respectfully submitted, Dawn B. Jackson, Recording Secretary