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CEB_10-09-97_MinThe Code Enforcement Board of` the City of Longwood, Florida met on October 9. 1 997 at 7:30 P.M. Chairman Bundy introduced the new member, John Maingot, and the role was then called. Present: Butch Bundy. Chairman Dana Addison Ernest Tolos George Valkenburg Lynette Dennis Staff: Amy Goodblatt, CEB Attorney Richard Taylor, City Attorney Cathy Price. Code Enforcement Officer Carl Gosline, City Planner Chairman Bundy advised the Board that he had recently purchased a car from Courtesy Pontiac and asked if the Board objected to hirn voting. Ms. Goodblatt felt that there was no conflict and the Board members did not object. Chairman Bundy then called the first case and the Cityr Attorney swore in all of the participants in the evening's cases. CEI3 97 -09 -028 Courtesy Auto Group, Inc. Kim Hackett, Reg. Agent 1 Pres. Mr. G o sline told the Board that the violation in this case was that vehicles were being advertised for sale on the right -of -way as well as being loaded and unloaded on the right-of-way, ( Sec.24- 52), He had spoken to Mr. Fess who told him that the staff had been advised to cease this practice yet it continued and notice was served. Mr. Gosline introduced pictures of the vehicles on display on various dates, after notice. Mr. Fess, representative of Courtesy Pontiac, distributed copies of memos that had been handed out to the staff advising of the rlway display violation and another showing that the managers had initialed the memo, indicating an added attempt to stop the violation. Mr. Fess advised that there had been no violations after that communication, stating that Mr. Matthew Valentine. who is the General Sales Manager for all five dealerships, has also stressed that there will be no further violations. Mr, Tolos made the motion to find the respondent in violation of LI)C, See. 24- 52(a), public use of r /Nvay and displaying vehicles for sale on rlway. Initial Notification «fas made by U.S. Mail on August 29, 1997. Notice of Hearing was served by Officer Carl Rentfro on September 23, 1997 at 3:30 P.M. He moved that a fine of $250 for the violation as well as a $200 administrative fee be imposed at this time. He further moved that the Respondents be treated as repeat offenders if the violation recurs and that a fine of $400 be imposed for each and every day that the violation exists as a repeat offense. Motion failed for lack of a second. Mr. Maingot modified tliis motion as outlined by eliminating the immediate fine. Motion seconded by Ms. Addision. Motion passed by unanimous roll call vote. CE13 97 -09 -129 Fairbanks Mlt•rda Corey Fairbanks, Owner Mr. Gosline presented this case, also. Violations cited were displaying vehicles for sale on the r /way, (Sec. 24 -52), sign on the public rlway. (See. 24- 60.04) and an unpermitted sign. (Sec. 24- 60.03). lie said that the planning aide first noticed the unauthorized use of the rAvay on August 19, 1997. Tvir. Gosline then issued an Initial Notice of Violation on August 29. 1997 requesting that the illegal use stop by September 2. 1997. Mr. Gosline submitted pictures showing the -% iolations on multiple dates. The violations continued and Notice of Hearing was issued on September 19. 1997. Inspections on September 27 and 28th disclosed that vehicles and signs had been removed after receiving the Notice of Hearing. Darrell Shepherd, the General Sates Manager, took the stand and advised that a restructuring process had been ongoing, the owner, Mr. Fairbanks, had been out of town and the new car manager had been allowing the illegal violations. He assured that the practice had been discontinued and offered his apologies for the problems that had been caused. Mr. Valkenburg made the motion to find the Respondent in violation of LDC, Sec. 24 -52, (a) and (d), Sec. 24- 60.04(d) and Sec. 24 -60.03 and requested that the Board find that the facts occurred based on the pictures shown and testimony given and moved that the Respondent be assessed $200 in administrative costs and request the repeat offender clause be invoked. «pith a fine of $400 a day if the violations should recur. Ms. Dennis seconded the motion and motion carried by unanimous roll call vote. CEB 97 -10 -030 Bryan S. Hartman and Wanda Spurlin 920 oleander Street Longwood, FL Ms. Price told the Board that she had written the Respondents a letter on July 21, 1997 in response to complaints received about construction materials, vehicles, boats and trailers all over the property. They were cited under Sec. 24- 23.09(b), screening requirements for boats and trailers, Sec. 24- 23- 09(d), total number of boats and trailers allowed per property, and Sec. 24- 25.13, open storage in yard. Ms. Spurlin picked up an application for a fence but never returned the completed application. Due to the lack of response Ms. Price issued a Notice of Hearing on Officer Dan Caylor made personal service on Ms. Spurlin at 2:40 P.M., September 29, 1997. Ms. Price submitted pictures as evidence of the violations which had been taken the day of the hearing. Motion made by Mr. Valkenburg and seconded to find the Respondents guilty of violating LDC Sections 24 -25.13 and 24- 23.09(b), based on the vidence and photographs shown. He further moved that the storage be removed or stored within a building in 7 days from the date of the Order and that all boats and trailers be stored in the side or rear yard and screened by an opaque fence or oronamental hedge 8 feet from the ground within 90 days from the date of the Order or a $25 per day penalty k�rould be assessed. Motion carried. Old Business - CEB 97 -05 -019 ERM Developnxent Corp. & Eli Nlelamed Mr. N4elanied had requested an appearance before the Code Board on this date via a letter to the Code Board Attorney, Amy Ooodblatt. for an amendment to the Final Orders that had resulted from the Code Board meeting on the 7th ol' October . 1997 regarding the replacement of trees on lots in the Longwood Plantation subdivision. As NIr. Melamed appeared without counsel, lie vvas ad`rised by the City Attorney. Richard Taylor, Chairman Bundy and the Code Board Attorney that lie had the right to appear with counsel and that before he could appear he must bring his attorney or waive that right. Mr. Melamed stated that he understood his right and waived it, and he «►fished to approach the Board without his attorney present. Mr. Melamed ' s concern with the Final Order was that the trees would have to be replaced without irrigation and would die prior to construction on the lots. He requested, instead. that replacement of the trees be done hmiediately prior to receiving the Certificate of Occupancy for each one of the lots hl question. After discussing the matter the Board agreed to amend the order and Mr. vall:enburg made the motion, changing the time requirement for tree replacement from the present to immediately prior to the issuance of the Certificate of occupancy. with the same fine as specified in the original order if not done by that time. Ms. Dennis seconded the motion. Motion carried by unanimous roll call vote. Mr. Maingot did not vote, not having been present for the previous meeting. Motion made by Ms. Addison to adjourn the meeting, seconded by Ms. Dennis.