Loading...
CEB_01-27-98_MinCity of Longwood OftCity Enforcement Board City Comm-ission Ctiambers 175 W. Warren Avenue Longwood, FL 32750 MINUTES OF MEETING January 27, 1998 1. CALL MEETING TO ORDER Meeting was called to order at 7:30 by Chairman Bundy ?. ROLL CALL Members present: Haywood Bundy, Chairman Ernest Tolos Lynette Dennis Jahn Maingot Charles Miles Robert Lomax Members Absent: Dana Addison Staff Present: Amy E. Goodblatt, CEB Attorney Richard Taylor, City Attorney Cathy Price, Code Enforcement Officer Carol D . H oben, Recording Secretary Also Present: Lt. Yelvington 3, INTRODUCTION OF NEW BOARD MEMBER ROBERT LOMAX AND RECORDING SECRETARY, CAROL HOBEN, 4, APPROVAL OF NiUNUTES OF PREVIOUS TWO MEETINGS - OCTOBER 9, 1997 and NOVEMBER 18, 1997 Unanimous vote to approve minutes of previous two meetings. � C 1 OFFIM%P*7W LCDff-1 } w1%WM/c%zpurr_9a l s 5, PUBLIC HEARINGS A. Larry E. Rodgers - CEB 97-11-031 Chairman Bundy called the first case, CEB 97-11-031, Larry E. Rodgers. Ms. Price advised the Board that this matter had been continued to this date at the request of Mr. Rodgers. The next door neighbor had complained about the overgrown yard which had grass in excess of 4 or 5 feet, and which was attracting wild animals. The property owner was initially notified of the violations on 8/22/97 and was ordered to be in compliance by 8/27/97. There was no response to the initial notice of the violations. on 1113197 notice of the 11/18/97 meeting was sent to Mr. Rodgers at the 1406 Robin Court address and also to his Goldenrod address. On 1115197 the property owner called to say the property was in compliance and on 11/ 12/97 sent a letter stating same and that he would be unable to attend the 11 / 18/97 CEB meeting. At the 11 / 18/97 meeting, the Board decided that it would hear this matter at a new hearing date. Ms. Price advised that the property owner has been a repeat violator over the years due to high grass, inoperable vehicles, and the accumulation of trash, and that it was only recently brought into compliance. Because of this history, Ms. Price desires to bring this homeowner before the Board. Ms. Price wants to find him in violation with no fine except an administrative fee. The home is currently vacant; the homeowner lives in Goldenrod. Mr. Rodgers has contracted with a lawn maintenance company. Ms. Coodblatt asked how the homeowner was advised of this meeting, and Ms. Price said that a letter was sent to him on 12/ 18/97. There was further discussion by the Board, and a motion was made by Ms. Dennis to find Mr. Rodgers guilty of City Code Chapter 12, 12-2(1) as a matter of law, and to impose a $75.00 administrative fine. Motion was seconded by Mr. Lomax, and carried unanimously by voice vote. B. Daniel Stabb - CEB 97-12-034 Chairman Bundy called the second case. Ms. Price presented the facts of the case. Mr. Stabb has a home office license, but has visibly stored business materials and supplies in his yard and garage. Ms. Price placed into evidence photographs of the outdoor storage. Mr. Stabb was told in a letter that this was not allowed and that the materials should be removed. He received initial notice of the violation in a letter dated 9/29/97. The letter stated that outdoor storage is a violation of Section 24-25.13(a), and that he had to remove the materials and be in compliance by 1016/97. No response was received from Mr. Stabb and the materials were not removed. On 1219197, officer Patrick hand delivered the Notice of Hearing issued 12I8197, advising of the 12/22/97 meeting, and was notified by mail on 12/ 18/97 that the hearing had been continued to 1 /2.7/98. Ms. Price recommended that Mr. Stabb be found in violation of Article 11, Sec. 24-25.13 and Article H, Sec. 24- r. LO'F M K PRZV1,CDIr i' 25.02, and that a fine of $50.00 and an administrative fee of $75.00 be imposed, if he is � still not in compliance by 2/10/98. A discussion ensued regarding how long he had had a home office license and what kind of business it was. Ms. Price stated that she believed lie had had the license for quite a few years, and Mr. Maingot stated that the business was the production of architectural styrofoam or plaster forms. Ms. Dennis stated that it was evident that supplies were stored outdoors that were not supposed to be outdoors, but there was nothing in her packet to let her know that he had a license for the occupation. Ms. Dennis asked whether he did have a license, and Ms. Price responded that he did. Ms. Goodblatt stated that there has been an on -going discussion about whether the Board has the right to assess a fine without prior notice. Richard Taylor suggested that a violator first be given a reasonable time to come into compliance. Ms. Goodblatt concurred with Mr. Taylor, and added that the recent changes to the Land Development Code seem to be in conflict with the Florida Statutes. Mr. Taylor agreed that the changes should all be eliminated because of the conflict. A discussion ensued on the administrative costs involved in prosecuting a violator, and the time required to come into compliance. Ms. Goodblatt added that the Code states that there has to be two notices sent and then the violator still is given time to come into compliance. AP1% Motion by Mr. Maingot that, based on the evidence, Mr. Stabb be found guilty of violating Longwood City Code Sections 24-24.13 , 24-25.02(c) . The evidence showed that the respondent had open outdoor storage and display of business materials at his residence, which is prohibited by the cited sections of the Longwood City Code. Mr. Maingot further moved that the respondent be given ten (10) days from the date of service to bring the property into compliance, and that an administrative fine of $75.00 be assessed. In the event the property is not brought into compliance within the ten-day period, a fine of $50.00 per violation per day be imposed. This motion was seconded by Ms. Dennis. Roll call vote was unanimous. C. Rick W. Harrison - CEB 98-01-001 Chairman Bundy called the third case. Ms. Price stated that originally this case was going to be heard on an emergency basis, but that the property owner was out of town due to a family illness. She stated that this matter concerned an individual doing unlicensed work without a permit. She requested that this matter be continued to the next meeting of the CEB Board on 2/24/98. A motion was made, seconded and carried unanimously to continue this matter to the meeting scheduled for 2/24/98. A discussion then ensued about whether the work that Mr. Harrison was doing presented a hazard or a danger. Ms. Price responded that Mr. Harrison had done the work on a 14FF7C�i wPRl :CD"0:►11.ti tfiFSV�4h't :U�Y- 123 rental property of his, and that the renter had said that the work was unsightly, but that it 109% was not dangerous. Ms. Dennis made a motion that the Board invoke the citations stem � y and that Lt. Yelvington be allowed to proceed with serving Mr. Harrison at 509 E. Church Street with a violation of CEB 98-01-001. Motion was seconded by Mr. Lomax, and a roll call vote was unanimous. 5. OLD BUSINESS None. 7, NEW BUSINESS Chairman Bundy asked if there was any new business. Ms. Goodblatt stated that there is a problem with recording of liens. Specifically. with regard to the Melamed matter, Ms. Goodblatt brought to the Board's attention that the order had been prepared and sent to the City and that the fine had been paid. However, the lien had never been recorded, and because of that, lots could have been sold with no compliance with tree planting. A discussion followed about who should be responsible for recording a lien, and it was agreed that the clerk's office will do the recording, with Ms. Price overseeing that this is done. In response to Chairman Bundy's request for any other new business, Mr. Maingot asked P01h, how the Board is informed of whether a property owner comes into compliance. Mr. Bundy said that once the Board votes, it is out of the Board's hands. 8. ADJOURNMENT The Code Enforcement Board Meeting adjourned at 8:40 p.m. Respectfully submitted, Carol D. Hoben Recording Secretary � 1 C_ SUFRCS V P47.ti61IM111-1-10 V1�`'[ITF..SU�tNUAR K 98 T