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CEB_04-28-98_MinCity of Longwood MORL Code Enforcement Board City Coniniission Chambers 175 W. 'warren Avenue Longwood, FL 32750 MWUTES OF MEETING April 28, 1998 1. CALL MEETING TO ORDER Meeting was called to order at 7:05 p.m. by Chairman Bundy 2. ROLL CALL Members present: Haywood Bundy. Chairman Ernest Tolos John Mainuot Charles Miles Robert Lomax Staff Present: Amy E. Goodblatt, CEB Attorney Richard Taylor, City Attorney Cathy Price, Code Enforcement officer Carol D. Hoben, Recording Secretary 3, APPROVAL OF MINUTES OF NiARCH 24, 1998 N Unanimous vote to approve minutes of previous meeting. 4. PUBLIC HEARINGS A. Rosa M. Ramos - CEB 95-04 --006 Chairman Bundy called the first case, CEB 98 -04 -006. Rosa M. Ramos. Code Enforcement officer. Cathy Price, asked for a continuance of this matter, since the Respondent had just had a baby. Ms. Price further advised the Board that this Nvas a one -time violation (dumping mulch on the City right-of-way in front of house ). Attorney Taylor dubk G- t0MM *PA7 %'6I 1 Caf! i. :10.1ll.YLM'APM 9 8 recommended that since the Respondent had come into compliance (by removing the mulch) and oelk since it was not a recurring violation, a continuance was not necessary. The City withdrew its action on this case. At this time, Attorney Taylor swore in all persons wishing to testify. B. .audio Excellence, Inc. and Sadiah Baker and Nlonsour Baker - CEB 98- 04 - -007 Cathy Price advised that this was a sign violation, with a banner installed over the doorway and another strung between poles at the entrance to the business. Both banners were put up without permits. Owner Halah Baker gave testimony that the banners were put up to generate business without first applying for a permit. one of the "banners" was actually an awning that had been in place for 16 years, the entire life of the business. That awning has now been removed. A discussion ensued as to the size and placement of the awning and banner. Attorney Taylor recommended that because the banners were put up without a permit, the Respondents be given 24 hours to remove the remaining banner and, if not removed within 24 hours, that a fee of $ 100 per day be imposed for each day it remains in place. In addition, an administrative fee of $25.00 should be charged. A' The question was raised of whether the Respondents had applied for a permit. Ms. Baker responded that she had not applied for a permit, but intended to do so. The public hearing portion of the case was closed and there was discussion among the Board members. Mr. Lomax made a motion, seconded by Mr. Tolos, to find the Respondents guilty of violating Land Development Code "LDC �'} 24- 60.O3ta} b erecting signs without a permit, to impose a $25.00 administrative fee and to give the Respondents 48 hours to apply for a sign permit. if not applied for within 48 hours, a $100.00 per day fine would be imposed. Motion carried. C. David L. and Betty L. Sexton - CEB 98 - 04 - 408 1'Iris. Price presented the facts of the case: A large boat was parked in front of the residence for more than 24 hours. The property owners were previously cited for the same violation on October 1, 1997. That violation was remedied and there had not been another problem until March 30, 1998. Since then, the boat has been moved back, but is still not in compliance, since there is no fence obscuring it from view. Attorney Taylor recommended giving the property owners two weeks to have a fence erected and, if still not in compliance, to fine them $100.00 per day until they are in compl iance. C- CD W PAU61 1CD1f1Z.ftW1Nt,7ESkl � David and Betty Sexton testified that they had received only one notice, and had not received the most recent one. They stated that they intended to keep the boat at the house, in the rear yard, and would erect some sort of opaque screening. Attorney Goodblatt raised the question of whether the boat was visible from the street. The homeowners stated it was visible from the side street only. Ms. Price advised that due to the boat's size, it is easily visible. A motion was made by Mr. Lomax, and seconded by Mr. Tolos. to find the Respondents guilty of violating LDC, Section 24- 23.09(x), and to give them two week, commencing April 29, 1998, to come into compliance. In addition, an administrative fee of $100.00 is to be imposed and a fine of $50.00 per day if not in compliance by two weeks. Motion carried. D, James B. and Carol L. Tatischer - CEB 98 - - 009 Cathy Price presented the facts of this case: At various tinges over the past year and a half, a boat has been parked in the driveway of this property for more than 24 hours. The property owners were notified of the violations. Ms. Price recommended that the property owners be found guilty so that the repeat offender clause can be invoked, in the future, and that an administrative fee of $200.00 be imposed. Carol Tauscher testified that she and her husband had been out of town and that as soon as they returned and became aware of the violation, they moved the boat. She also added that the boat has J"k been sold. A discussion by the Board members, Mr. Taylor and Ms. Goodblatt ensued. as to whether or not the City had proven its case. It was agreed that the Respondents be found not guilty. A motion to that effect was made by Mr. Lomax, seconded by Mr. Maingot, and carried. E. Clyde, Evelyn and Nlark Sheffield -- CEB 98 -04 - 014 Cathy Price presented the facts of this case: the Respondents have had multiple violations in the past, regarding inoperable vehicles and a small trailer on the property. On March 31 of this year a letter was sent to them citing a car and a truck parked on the side of the house in violation of LDC. Section 24- 23.07, and a trailer parked in violation of LDC, Section 24- 23.09. Mr. Sheffield contacted the Code Enforcement officer to say that the car and trailer would be removed. Mr. Sheffield testified that the car and trailer have been removed and that a fence has been erected to obscure the truck, which is operable and has a current tag. The Board members discussed Mr. Sheffield's cooperation in promptly responding to the citations and agreed that no fine should be imposed. fir. Maingot made a motion to find the Respondents guilty of violating LDC, Section 24 -23.09 and Section 24- 23.07, and that no fees or fines be imposed. Motion was seconded by Mr. Tolos and carried. C_' tQFF7CF RPR7�d1 sCDFf V.�1LHlti7:TFS :�i.PR1L 93 `} ti F. Jeffrey Eschels - CEB 98 -04 -11 w Cathy Price presented the facts of the case: There has been an on -going problem of incessant dog - barking at this address. The owner has not responded to numerous warning from police. Attorney Taylor recommended a $50.00 administrative fee and 24 -hour notice to remedy the situation. Testimony of neighbors: The house has been vacant since approximately February of this year. There had been several dogs on the premises, but most recently just one. Lt. Yelvington has been to the house and has witnessed the violations. There are rats and extremely tall grass on the property. The home may currently be in foreclosure. There was a discussion by the Board of involving the animal control and sanitation departments to resolve this matter, and whether there is a foreclosure on the home. Attorney Goodblatt suggested giving a five -day notice to cure the nuisance, which would get the owner's attention. Mr. Maingot made a motion to find the Respondent guilty of violating Longwood City Code, Chapter 12, 12 -2(5) and 12 -3, with five -day notice given. An administrative fee of $50.00 and a fine of $250.00 per day would be imposed at the conclusion of the five -day notice, if not resolved. Motion was seconded by Mr. Lomax and carried. 5. OLD BUSINESS A. Shanllon Feldon - CEB 98- 003 -045 Ms. Price advised the Board that Shane Feldon paid the administrative fee imposed on him. B. City of Lonpvood vs. Sobotka Attorney Taylor advised the Board that the City had received $33,916.50 in satisfaction of the Tien in this matter. 7. NEW BUSINESS None 8. ADJOURNMENT The Code Enforcement Board Meeting adjourned at 8:55 p.m. Respectfully submitted, Carol D. Hoben Recording Secretary C: tDFF7C 1G1APR7��f 71CAM'.P.1Ilti�ITFSL�PRIL D.s 4