CEB_05-26-98_Min% '
jpbk City of Longwood
Code Enforcement Board
City Commission Chambers
175 W. warren Avenue
Longwood, FL 32750
AMENDED MINUTES OF MEETING
MAY 26 1998
1. CALL MEETING To ORDER
Meeting was called to order at 7:03 p.m. by Chairman Bundy
2. ROLL CALL
Members present: Haywood Bundy, Chairman
John Maingot
006, Charles Miles
Robert Lomax
Lynette Dennis
Staff Present: Amy E. Goodblatt. Esquire, CEB Attorney
Russell F. McLatchey. Esquire,
substituting for Richard Taylor, City Attorney
Cathy Price, Code Enforcement Officer
Carol D. Roben, Recording Secretary
Also Present: John Groenendaal, new Code Enforcement Officer for
commercial property
3. APPROVAL of ltiU UTES OF APRIL 28, 1998 IMEETING
Unanimous vote to approve minutes of previous meeting.
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0Pw 4. PUBLIC HEARINGS
Attorney McLatchey swore in Mr. John Jeannette.
A. John Jeannette - CEB 98 -05 -011
Chairman Bundy called the first case. CEB 98 -05 -011, John Jeannette.
Code Enforcement Officer. Cathy Price, presented the facts of the case: a large shed was built on
Mr. Jeannette's property without a building permit for the structure. [Photographs were introduced
into evidence.] Ms. Price advised Mr. Jeannette, by a letter dated March 31, 1995 and by a Stop
Work order, that a permit was required. Mr. Jeannette spoke with Lt. Yelvington. who allowed
him two weeks. until April 14, 1995, to remove the shed if lie chose not to obtain a permit. The
shed was not removed, and on May 24. 1998, Mr. Jeannette was served notice for violating
Section 5 -19 of the City Code, for erecting the shed without a permit. Ms. Price recommended
a $25.00 administrative fee, plus a fine of $50.00, which is double the permit fee of 525.00.
A discussion ensued as to the cost of a permit and the amount of the fine. It was agreed that the
permit fee is $25.00 and that the fine should be double the permit amount, or 550.00.
Mr. Jeannette testified that lie had obtained the permit that day, and that it had cost $2-5.00. He
said that he delayed because lie was trying to decide whether to continue erecting the shed for his
tools or to build a carport. I -le said that lie had originally intended it to be a temporary structure.
Attorney McLatchey asked Mr. Jeannette about speaking with Lt. Yelvington, and Mr. Jeannette
said he was not sure it was Lt. Yelvington with whom he had spoken. Chairman Bundy stated that
Mr. Jeannette had erected the shed without a permit and he had received a Stop work order, and
that he had subsequently applied for a permit.
The public hearing portion of the meeting was closed. and the Board discussed the facts of the
case. A motion was made by Ms. Dennis that the Respondent be found guilty of violating Cite
Code Section 5 -19 by erecting a structure without a permit. that he be fined S50.00 (double the
permit fee), and that an administrative fee of $25.00 be imposed. The motion was seconded by
Mr. Lomax, and carried by all members present.
B. George R. and Lydda IN-1. Webster - CEB 95 -05 -12
Chairman Bundy called the next case. Cathy Price advised the Board of the facts of this case:
there is a pool on this property with an unstable fence surrounding it. Many sections of the fence
are not secured and the fence is leaning so that a child or animal could easily gain access to the
pool area. The pool itself is green, but the bottom of the pool is still visible. [Photographs of the
fence were entered into evidence.] Last year this same problem arose, and the homeowner nailed
the fence together, but it has since fallen apart. The owner was also cited with leaving an
inoperable vehicle on the property, but he has since removed it. The property is now in
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foreclosure. Initial notification of the violation was given on May 15, 1998 and notice of the
Saw hearing was given on May 24, 1998. The property owners have made no effort to repair the
fence. Ms. Price recommended that the City repair the fence.
Attorney Coodblatt stated that the fence constitutes a safety issue and that the homeowner be given
a muii_mum amount of time to repair it and be assessed for the cost of repairing it, but that if it is
in foreclosure , the City will not get any reimbursement.
Chairman Bundy closed the public hearing portion of this matter. and there ensued a discussion
of the safety hazard of the unstable fence. All present agreed that the natter was of utmost
urgency due to the safety issue, and that the fence must be brought into compliance, even if the
City had to pay to repair it. It was agreed that the Respondents needed to be given sufficient notice
prior to the City commencing action
A motion was made to find the Respondents guilty of violating Longwood City Code 5 -93 and
Longwood Land Development Code Sec. 24-23.07, to give the Respondents 48 hours to bring the
fence into compliance and to fine them S 100.00 per day for each day the violation continues to
exist. At the end of the 48 -hour period, the Code Enforcement Officer will inspect the property,
and if the fence is still not in compliance, the Code Enforcement officer will advise the proper
authority for the City to tale appropriate corrective action to secure the pool. Any costs incurred
by the City to secure the pool will be assessed to the property owner, or, if necessary, a lien will
be placed on the property. The motion was seconded and carried by all members present.
G. OLD BUSINESS
A. Da id and Betty Sexton - CEB 98 -04 -008
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Ms. Price advised the Board that before Mr. Sexton paid his fine, he complained to the City
Commission that he had not received a fair hearing. Mr. Sexton erected a fence to obscure the
boat from view.
B. C. David and Patricia Ferguson - CEB 98 -02 -003
Ms. Dennis asked Ms. Price if there were any further developments with regard to this case.
Ms. Price advised that the property was now being handled by a management company, and it was
being taken care of.
7. NEW BUSINESS
Chairman Bundy advised the Board that Dana Addison had resigned and that a new Vice Chairman
needed to be elected. Mr. Lomax nominated Ms. Dennis, seconded by Mr. Maingot. Ms. Dennis
declined to accept the nomination due to previous commitments and nominated Mr. Maingot. This
nomination was seconded by Mr. Lomax, and Mr. Maingot graciously accepted. Mr. Lomax
withdrew his nomination of Ms. Dennis. The Board voted and unanimously elected Mr. Maingot
as the new Vice Chairman of the Code Enforcement Board.
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Cathy Price introduced John Groenendaal, who is the new Code Enforcement Officer for
OPI, commercial property.
S. ADJOURNMENT
The Code Enforcement Board Meeting adjourned at 8:14 p.m.
Respectfully submitted.
Carol D. Hoben
Recording Secretary
June 24. 1998
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