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CEB_08-25-98_MinA City of Longwood Code Enforcement Board City Commission Chambers 175 W. Warren Avenue Longwood, FL 32750 MINUTES OF MEETING August 25, 1998 11 CALL MEETING TO ORDER Meeting was called to order at 7:02 p.m. by Chairman Bundy 2, ROLL CALL Members present: Haywood Bundy, Chairman John Maingot Charles Miles John Lomax Lynette Dennis Members absent: Ernest Tolos - excused absence due to illness Cheryl Melvin - excused absence, previously advised Board that she would be unable to attend 8125198 meeting Staff Present: Amy E. Goodblatt, Esquire, CEB Attorney Richard Taylor, City of Longwood Attorney Cathy Price, Code Enforcement Officer John Groenendaal, Code Enforcement Officer Carol D. Hoben, Recording Secretary 3. APPROVAL OF MINUTES OF .TUNE 23 1998 MEETING Correction of the minutes of the June 23, 1998 meeting: John Lomax's absence from the meeting was an excused absence. Motion was made, seconded and carried to approve the minutes of the June 23. 1998 CEB meeting, as amended. C-1 QFF1M V*73iT%11 CDW!.VJaN L'7 W UGM. 98 J ,,, 4. PUBLIC HEARINGS Attorney Taylor swore in all parties who would give testimony. A. Ricky W. and Sonya Harrison - CEB 98 -08 -425 Code Enforcement Officer, John Groenendaal, presented the facts of the case: Debris on this property remains a hazard; demolition of the building has not been completed; and the grass and weeds at the site are a violation as they provide a haven for snakes and other varmints. [Photographs were entered into evidence.] Mr. Groenendaal recommended a $25.00 administrative fee and a two -week deadline for the property owners to come into compliance by completing the demolition of the building, clearing the yard of debris and mowing the grass, and moving a shed on the property. If not in compliance by the two -week deadline, a $25.00 per day fine should be imposed. Testimony from property owner Mr. Ricky Harrison: He stated that he had had problems this year, but would cooperate and clean up the site. Chairman Bundy questioned whether two weeks was sufficient for the clean -up and asked about the shed. Mr. Groenendaal stated that the shed was a separate issue. Attorney Goodblatt asked about the time period for removing the shed. Mr. Groenendaal replied that the homeowner needed to first obtain a permit and would then remove the shed. Ms. Dennis stated that the deadline for the clean up would be two weeks, with the exception of the shed. Apb` Chairman Bundy closed the public hearing portion. Ms. Dennis and Mr. Lomax concurred with Mr. Groenendaal's recommendation. A motion was made by Mr. Maingot to find the property owners in violation of Chapter 12, 12 -2 of the City Code, that proper service and follow -ups were made, and that the violators be given fourteen days for completion of the demolition project and the clean up. An administrative fee of $25.00 is imposed, and a fine of $25.00 per day will be imposed on the 15th day if the demolition and_ clean up (with the exception of the shed) are not completed. The motion was seconded by Lynette Dennis. A brief discussion followed on the time period for payment of the administrative fee, the issue of mowing, and the permit for the shed. Mr. Maingot amended the motion to include mowing the property and obtaining a permit for the shed. Motion carried unanimously. B. Robert Tedesco, What About Bobs Tree Service, et al. - CEB 98- 08026 Code Enforcement officer Mr. Groenendaal presented the facts of the case: Mr. Tedesco was operating a tree- removal business at the Longwood oaks Apartments; tree trunks and branches were dumped on the property; commercial vehicles were parked on the property. The subject property is owned by Valkun Enterprises and managed by Wamsely Residential Realty Company. The adjacent property owners are John and Patricia Weller. Apparently the business is no longer being operated at the site, however, there are still debris, trees and equipment that need to be removed from the property. [Photographs were introduced into evidence.] Although much of the debris had been cleaned up, Mr. Groenendaal recommended an administrative fee of $ 100.00, since he had invested so much time on this case. C. L0FF7MV1rP%TV,6IICDHi220 V7ESIAG'GUSI:98 2 ti Testimony by Mr. Weller: He stated that although he had posted signs for no dumping and no parking, the renters at the subject property continue to parr on his property and dump trash and debris on his property. He installed fences and barricades, but they were torn down by the renters He has informed the management company of the problem. A discussion ensued as to the identity of the management company. Mr. Groenendaal stated that Wamsley is the Registered Agent, however, HD Realty actually manages the property. Ms. Dennis questioned whether Mr. Weller was also being charged with a violation, and Mr. Groenendaal stated that the Wellers were notified as a courtesy and were not being charged with a violation. Attorney Taylor swore in Mr. Tedesco at this time. Testimony by resident Lure Bennett, a resident at the subject property for six years: He stated that HD Realty and Mr. Tedesco had recently cleaned up the property, and that Mr. Tedesco did not create the original mess, and that the debris around the dumpster has been there for six years. Testimony by Chris Dapore, HD Realty Representative: Mr. Dapore concurred with Mr. Bennett, and added that non -- residents are dumping debris and trash on the property. A discussion between Attorneys Taylor and Goodblatt ensued as to who is responsible, and it was agreed that the property owner is the responsible party. Testimony by Mr. Tedesco: Mr. Tedesco stated that the property has been a dumping ground for years and has not been maintained. He stated that the debris on the property is not his. [Photographs were introduced into evidence.] Nis. Price testified that she had previously dealt with Mr. Tedesco and he had not been cooperative or truthful. In the past he has run a business without a license and continuously brought large equipment to his residence. It was agreed that proper service was made on the owner, Valkun Enterprises. The public hearing portion of the case was closed by Chairman Bundy. Attorney Goodblatt stated that the wellers needed to be found not guilty, and Attorney Taylor advised to strike their names from the citation. The Board proceeded to discuss the culpable party, an appropriate fee and a determination of guilt. Ms. Dennis made a motion to find all the respondents not guilty, since no guilt had been proven. Motion was seconded by Mr. Maingot and carried by all. C. Andy Jones - CEB 98 -08-027 Mr. Groenendaal present the facts of this case: Mr. Jones, as the personal representative of the estate of Ada Jones, was advised in May to remove junk, debris and remnants of trailers from the vacant lot at 450 west S.R. 434, and to mow the grass. The grass was mowed, but the debris and trailers remain. [Photographs were introduced into evidence.] CAOFRCZ1%P %1N611CDHLnOWV IIF.SAUGUSr.98 3 Apb, Attorney Taylor swore in Mr. Jones. Mr. Jones testified that there has been a continued effort to clean up the property and that the effort will continue. Some of the debris is from vandalism. Mr. Jones stated that he would require 21 days to complete the clean up. Chairman Bundy closed the public hearing portion of this case. Ms. Dennis recommended allowing Mr. Jones 21 days to complete the clean up, waiving the administrative fee, and that he be required to continue to mow and maintain the property. Ms. Goodblatt advised that if not in compliance within the 21 days that a fine be imposed. Mr. Maingot suggested the height of the grass be incorporated into a motion and that Mr. Jones be given 25 days to come into compliance. Motion was made by Ms. Dennis to find the respondent guilty of violating Chapter 12, 12 -2 of the City Code, that service was properly made, and that Mr. Jones be given 25 days from service of the order to remove the remaining debris on the site and that he continue to mow and maintain the grass below a height of ten inches, and that a fine of $50.00 per day be imposed if not in compliance. Motion was seconded by Mr. Maingot and carried unanimously. D. Con Seal Int. - CEB 98 -08 -028 Code Enforcement Officer Cathy Price presented the facts of the case: This business has been operating without a City occupational license for over a year and a half, and the owner has still not applied for a license. Attorney Goodblatt advised that the respondent did not receive proper notice. A Notice of Hearing is not supposed to be issued less than fourteen days before a hearing date, unless there is an emergency situation. The Notice of Hearing in this case was issued only seven days before the hearing. Attorney Taylor advised that the City needs to change this policy so that this problem does not arise. Attorney Goodblatt suggested that this respondent be re- noticed and this matter be continued to the next CEB meeting. Motion was made by Ms. Dennis to continue this matter to the next CEB meeting. Motion was seconded by Mr. Maingot and carried unanimously. E. Nicholas Chrysochos - CEB 98 -08 -029 Cathy Price presented the facts of this case: The tenants at this duplex property at 365 and 367 Marvin Avenue were cited for accumulating trash and branches, high grass and weeds, and an inoperable vehicle on the property. There was no response from the tenants and subsequently Ms. Price contacted the owner, Mr. Chrysochos, requesting that he take care of the grass, trash and inoperable vehicle by July 16, which he did not do. On the date of the CEB meeting, the clean up had been started. [Photographs were introduced into evidence.] Ms. Price recommended that the property be mowed, all trash eliminated from the property, and the inoperable vehicle removed. Ms. Price recommended an administrative fee of $50.00 for the time invested in this case. Ms. Dennis suggested allowing the owner ten days from the date of service of the order to remedy the violations. C,IOMM%r%7- %a1iCDH1VWW,%Ii7IS A MIT W 4 Testimony by Mr. Chrysochos: He leas owned the property since 1992 and one of his tenants has always done the mowing. He was unaware of any problems, since his tenants failed to notify him of same. He advised the Board that the property will be mowed and cleaned up, and that this problem will never happen again. The public hearing portion of this case was closed by Chairman Bundy. Mr. Maingot proposed finding the property owner guilty of violating City Code Chapter 12, 12 -2(l) and Chapter 12, 12- 2(2) for the high grass and the trash, but not for LDC, Section 24 -23.07 because the vehicle had been removed. Mr. Maingot made a motion to find the respondent guilty of violating City Code, Chapter 12, 12 -2(1) and 12 - 2(2) and that an administrative fee of $50.00 be imposed, and that lie be required to come into compliance within ten days and continue to maintain the property. Motion was seconded by Ms. Dennis. A discussion ensued that a fine should be imposed i not in compliance. Mr. Maingot amended his motion to include the imposition of a $25.00 per day fine at the completion of ten days if not in compliance Motion was seconded by Ms. Dennis. There was further discussion regarding the compliance deadline. It was agreed that the ten -day period would commence from the date of service of the order. Motion carried unanimously as amended. F, Rex Anderson - CEB 98 -08 -030 Joseph T. Hill -- CEB 98 -08 -031 Motion was made, seconded and carried that these two cases would be continued. 5. OLD BUSINESS There was no old business. 7. NEW BUSINESS There was no new business. 8. ADJOURNMENT The Code Enforcement Board Meeting adjourned at 8 :44 p.m. Respectfully submitted, Carol D. Hoben Recording Secretary September 14, 1998 c 0"WE' K7r1V61 wrnr%�W1%Vn ra uGUST.9a 5