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CEB_11-18-97_MinCODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Avenue Longwood, FL 32750 MENUTES OF MEETING NOVEMBER 18, 1997 1. CALL MEETING TO ORDER. Meeting was called to order at 7:3 0 P.M. by Chairman Bundy. 2. ROLL CALL. Members Present: Butch Bundy, Chairman Emest Tolos Dana Addison George Valkenburg John Mahlgot Charles Miles Members Absent: Lynette Deimis Staff Present: Amy Ooodblatt, Code Enforcement Board Attorney Cathy Price, Code Enforcement Officer Helen Kobor, Recording Secretary Also Present: Richard Taylor, City Attorney 3. INTRODUCTION OF NEW BOARD MEMBER - CHARLES C. MILES Chain -aan Bundy welcomed a new board member Mr. Miles to the meeting. He further noted that this is the last meeting that Mr. V a lkenburg will be in attendmlce as a member of this Board. Chairman Bundy requested that Ms. Tolos, Chairperson, Ad Hoc Committee of the Land Development Code be permitted to address this meeting to advise of new information concerning the first meeting of the committee. Ms. Tolos noted that the Land Development Code, Ad Hoc Committee had it's first meeting tonight. One of the items that Was discussed is the input of the Code Board members. She noted that the committee requested that since the Code Board members are the "ones that sit in judgement" that there be time to look at the old Code and the Code Enforcement Board November 18, 1997 Page 2 Land Development Code, that any problems that the Board may have be brought to the attention of the Committee. She also noted that members would be getting a copy of the schedule of meetings. They are trying to do the review in sections, so 24.I.5. has a chart on it - listed in the L.D.C., that is the starting point. She again welcomed Board members to attend any and all meetings and stated they are open to the public. Mr. Tolos questioned the date of the next meeting, and Ms. Tolos stated the next meeting would be December 16, 1997 at 7:00 P.M. and following that there would be approximately two to three (2 -3) meetings a month. It is a 90 -120 day committee. She stated there is much to be done during that time, and they also have invited the staff of the City to give their input as well. Location of the meetings will be in the Commission Chambers. She noted that the overall feeling of the Committee is one of trying to make the Code as livable as possible for the conununity. It was noted that the December 1 6th meeting will be at 7:00 P.M., the rest of the meetings will begin at 6:30 P.M. and the meetings will be on Tuesday or Wednesday. Ms. Tolos thanked the Board for its time and excused herself from the meeting. 4. APPROVE MINUTES OF LAST MEETING - SEPTEMBER 28, AND OCTOBER 7, 1997 Attorney Goodblatt noted for the record that her flames was misspelled on both sets of minutes and advised of the correct spelling. Motion by Mr. Tolos to accept the Minutes of September 28, and October 7, 1997 as written, seconded by Mr. Valkenburg. Voice vote unanimous. �. PUBLIC HEARINGS: Chairman Bundy advised those members of the public in attendance to stand and be sworn if they were going to testify. A. CEB 97 -11 -031 Larry E. Rodgers Ms. Price advised the Board that included in the packet that they received was a request of a continuance due to a conflict in Mr. lodgers schedule. She rooted it had been decided approximately a year ago that if a continuance was requested it must be approved by the Board, and that it could not be approved by the secretary or the Code Enforcement Officer. Mr. Valkenburg stated that he did not understand the letter to be a request for a continuance, he understood the letter to be a notification of compliance to the Board Code Enforcement Board November 18, 1997 Page 3 _ and that he, Mr. Rodgers, would secure assistance in continuing compliance in the future. Mr. Valkenburg questioned if Mr. Rodgers brought the property into compliance and Ms. Price stated that Mr. Rodgers had brought the property into compliance, and that she did want the Board to hear this violation. She stated that this has been ail ongoing violation many years. She stated that she would like to have it continued due to the fact that Mr. Rodgers was unable to be there tonight. She requested that the - repeat offender clause" be invoked. She felt that would be a way of dealing with this situation. Attorney Goodblatt will prepare an order that states the hearing was continued at Mr. Rodgers request. Motion by Mr. Valkenburg to continue CEB 97 -11 -031 to the next Board meeting, seconded by Mr. Maingot. Roll call vote was unanimous. Motion carried. B. CEB 97 -11 -032 Donald R. Jackson Ms. Price advised the Board that this violation concerns a boat that is extending over the sidewalk and parked in front of the home. She advised that there was a courtesy notice left oil August 18, 1997. She advised there was no compliance date because she felt there would be no problem. Then the second notice was dated September 2, 1997, compliance date was September 3, 1997. No communication was received and no effort to comply was made by Mr. Jackson. Notice of Hearing was delivered by the City Police Department and served on November 4, 1997. On November 5 and 17, 1997 she noted that phone calls were received from Mr. Jackson stating that the property was in compliance. She advised that due to "no communication" she requested the secretary contact Mr. Jackson. Mr. Jackson advised the property was in compliance and stated there was no reason to appear. Ms. Price requested that there not be a fine, but that the Board invoke the repeat offender clause should the violation happen again. Chain - nan Bundy suggested that administrative costs be assessed. Mr. Jackson addressed the Code Board and advised of the reasons he was not in compliance, and that he now has arranged to have the boat moved behind the house. Public Hearing was closed. Discussion ensued concerning the definition of "repeat offender" and the possibility of invoking the repeat offender clause and imposing a fine. Code Enforcement Board November 18, 1997 Page 4 Motion by Mr. Tolos that based on the evidence seen and heard, he moved to find the respondent guilty of violating the Longwood Development Code, Section 24- 23.09. Service of the initial notification was properly made by posting on 8/18/97 and 10/13/ 97. Delivery of the hearing notice was made by officer Stewartson of the Longwood Police Department at 5:22 P.M. on November 4, 1997. He fiirther moved that no fine or penalty be imposed at this time, however administrative costs of $75.00 be assessed and be paid within ten (10) days of service of the order. Motion seconded by Mr. Valkenburg. Roll call vote was unanimous. Motion carried. B. CEB 97 -11 -033 Cynthia Pittman, Tenant Diana & Cordon Durrance, Property owners Ms. Price advised the Board that the property is in compliance at this time. She further advised that the certified return- receipt letter to the owner was returned in the mail stamped as refused. She advised the Board that there was concern of service being made on the property owners, but that the property was in compliance. Mr. Hudson (tenant) stated that the property is in foreclosure. She advised the Board that she is pleased that the property is noNv in compliance. Attorney Goodblatt advised for information concerning service of notice to property owners, if service is to be made by certified mail and the mail does come back, that the state statute spells out that you can use other forms of service such as mailing first class along with the certified mail. Then if the first class mail is not returned it may constitute good service due to the fact that you can show the owner has received the notice. Ms. Price advised that no further action is required concerning this violation at this time. 6. OLD BUSINESS: STATUS OF ERM DEVELOPMENT CASE APPEAL Attorney Goodblatt advised the Board that there has been an appeal filed. She further noted that the $2500.00 has been received. She advised that it could be around March 1998 before the City has to respond. She advised that the appeal does not stay anything, the fines were paid, the monies were disbursed to the City, the trees still have to be planted until, or if, the order has been reversed. 7. NEW BUSINESS: ANNUAL ELECTION OF OFFICERS FOR CEB Code Enforcement Board November 18, 1997 Page 5 The Chair entertained nominations. Motion by Ms. Addison to nominate Mr. Bundy to continue as Chairperson for the next term, seconded by Mr. Maingot. Motion by Mr. Tolos to close nominations, seconded by Ms. Addison. No further nominations. Roll call vote was unanimous. Motion carried. Motion by Mr. Tolos to nominate Ms. Addison as Vice - Chairperson, seconded by Mr. Bundy. Motion by Mr. Tolos to close nominations, seconded by Mr. Valkenburg. So moved. Roll call vote was unanimous. Motion carried. Discussion ensued concerning the next meeting date due to the upcoming holiday season. Attorney Goodblatt advised that there needs to be 14 days notice from when the Notice of Hearing is issued for any violations. She advised the meeting needs to be after the 17th of December. Motion by Mr. Tolos to have the next Code Enforcement Board meeting on December 22, 1997 at 7:00 P.M., seconded by Mr. Maingot. Voice vote unanimous. Motion by Mr. Valkenburg to close the meeting, seconded by Mr. Maingot. Meeting adjourned at 8:40 P.M.. Respectfully submitted, Helen Robor Recording Secretary