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CEB_02-24-98_Mine �-qc qk. �� �- - Aa it I N ! liv 1, 391 FgZe F!rt extension, since he would be out of the country at the tune of this meeting, that he was indeed op", present. Mr. Boetto stated that he was present because lie thought that his request for an extension had been denied. Attorney Taylor advised that when there is a request ahead of time, a continuation is usually granted. A discussion followed and it was agreed by all that since the City was not prepared, that this matter would be continued to the next regular meeting on March 24, 1998. Mr. Boetto waived his right to receive a written Notice of Hearing. Motion was made and seconded to continue this matter to the next regular meeting; motion was carried unanimously by voice vote. B. C. David & Patricia Ferguson and Karen MacDonald - CEB 98-02 -003 Chairman Bundy called the second case. Ms. Price presented the facts of the case: Mr. and Mrs. Ferguson are the owners of the property at 1094 North C.R. 427, and Karen MacDonald is the tenant. In July and October of 1997 Ms. Price contacted Mr. and Mrs. Ferguson regarding the accumulation of trash and debris and the multitude of outdoor storage in the yard of the subject property. The appearance of the property improved after that, however, once again Ms. MacDonald allowed the mess to grow. Complaints were received by her office, as well as the offices of the City Administrator and the Director of Public Safety. Notice was served on February 9, 1998, yet the violation continued. Ms. Price advised that she wanted the Board to find in violation so that if it happens again, it can be addressed under the repeat offender clause, and that a $100 administrative fee be imposed. Mr. Ferguson was present and testified that each time lie was notified of a violation, he advised his tenant to clean up the property, and this last time, he served an eviction notice on her, as well. He stated that he did not want to be a "slum lord"'. Ms. MacDonald took the stand and testified that everything had been cleaned up within the appropriate timeframe. A discussion ensued about this being an ongoing problem and who should be culpable, tenant or landlord. Ms. Price stated that both the landlords and the tenant had received notices. Attorney Ooodblatt advised that the Board had the authority to cite all three parties, if it so chooses. Ms. Dennis made the motion to find the property owners, Mr. and Mrs. Ferguson, guilty and that they be fined an administrative fee of $100.00 to be paid within 30 days. Motion was seconded- by Mr. Lomax, and the motion passed by unanimous roll call vote. C. Nalili R. Patel dl bt a A Little Shop of Flowers - CEB 98 -02 -004 Ms. Price presented the facts of the case: Nalili Patel is the owner of A Little Shop of Flowers. In the past two years, during holidays, and most recently on valentine's Day 1998, the owner put out signs and banners without first obtaining a sign permit. The owners have been cited for this three or four times in the past two years. 4:��i4L 11�! ��iTLRl: �H ° .aii! ' ►�2,�'�irGPI�LJ.1f►�:7� 1i•' Ms. Coodblatt questioned why this matter was addressed under Section 5 -19 of the City Code, o" "doing work without a permit". A discussion ensued concerning the applicability of this section and the definition of a "structure ". Attorney Taylor advised that the citation be amended to refer to the appropriate section of the Code. Chairman Bundy asked if it was the City's wish to amend the Notice, and Ms. Price responded in the affirmative. Ms. Patel's accountant then took the stand. Chairman Bundy asked if lie understood what had been discussed, and he responded that he did. He testified that his client, a tenant of this property and not a landlord, had previously applied for permits on two occasions about two years prior, and had been refused both times. He said that his client would cooperate and apply for a permit, but she needed to be advised of the parameters. He said that he knew that the Code was violated on Valentine's Day; Ms. Price had spoken with Mr. Patel, the owner's husband, but he did not relay the messages to Mrs. Patel. A discussion followed about the City denying sign permits. Attorney Taylor stated that about I to 2 years ago the City was inconsistent about granting sign permits, but that the problem had improved in the past six months. Mr. Taylor believed that this problem with the City denying sign permits constituted a mitigating circumstance in this case. Motion was made by Ms. Dennis to amend the violation from City Code 5 -19 to Land Development Code 24- 60.03. Motion was seconded and carried by unanimous voice vote. Further discussion ensued about what fine to impose and whether to invoke the repeat offender clause. Motion was made and amended by Mr. Maingot that the respondent be found guilty of 0"b, violating Section 24 -60.03 of the Land Development Code and that only an administrative fine of $25 be assessed and that in the future this violator be treated as a repeat offender. Motion was seconded by Ms. Dennis, and a roll call vote was unanimous. 6, OLD BUSINESS Rick W. Harrison - CEB 98- 01-001 Nis. Price testified that Mr. Harrison had been given a permit for electrical work and also intended to do some sewer repairs, which did not require a permit. The electrical work was inspected and found to be satisfactory. A brief discussion followed emphasizing that a homeowner is allowed to work on his own home without a permit. CEB officer Ms. Dennis asked how the CEB will be kept abreast of whether or not violators come into compliance. A discussion ensued and it was agreed that it was at the City's discretion to advise the CEB of whether or not violators come into compliance. Ms. Price advised the CEB that she is responsible for all paperwork, since she has no secretary or assistant. Attorney Taylor informed the Board that he would recommend to the City that a full -time secretary and a full -time CEB officer be employed. Mr. Maingot suggested, and Ms. Price agreed, that all correspondence and notices have a date. C.- 10FRCEV *7 9T 7. NEW BUSINESS Sobotka Attorney Taylor testified that a prior CEB lien was litigated successfully for the City, and that the foreclosure on the property resulted in a $33,916.50 surplus which would not satisfy Longwood 's lien in full. Attorney Taylor requested that the Board reduce the lien to $33,916.50 to avoid future litigation and the possibility that the lien will be uncollectibie. Motion was made by Mr. Maingot and seconded by Ms. Dennis to reduce the lien to $33,916.50 to save the City additional fees for litigation. Motion carried by unanimous voice vote. 7:00 Starting Time In response to a recommendation by Attorney Taylor to start the CEB meetings at 7 :00 and after a brief discussion, motion was made by Ms. Dennis and seconded by Mr. Maingot to start all future CEB meetings at 7:00 p.m. Roll call vote was unanimous. 8. ADJOURNMENT The Code Enforcement Board Meeting adjourned at 9:00 p.m. Respectfully submitted, Carol D. Hoben Recording Secretary