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CEB_09-22-98_MinCity of Longwood Code Enforcement Board City Commission Chambers 175 W. warren Avenue Longwood, FL 32750 AHNUTES of MEETING September 22, 1998 1. CALL NIEETLNG TO ORDER Meeting was called to order at 7:05 p.m. by Chairman Bundy 2. ROLL CALL 1\1enibers present: Haywood Bundy, Chairman Charles Miles John Lomax AgftR Ernest Tolos Cheryl Melvin .NMernbers absent: John Maingot - excused absence Lynette Dennis - excused absence Staff Present: Caryn M. Green. Esquire, SubsElwting for Amy E. Goodblatt, CEB Attorney Richard Taylor, City of Longwood Attorney Cathy Price, Code Enforcement Officer Daniel 5pak Code Enforcement officer Carol D. Hoben, Recording Secretary 3. APPROVAL OF I\ ES OF AUGUST 25, 1998 MEETINTO Unanimous vote to approve minutes of August ?5, 1998 meeting. 4. PUBLIC HEARINGS Chairman Bundy swore in all parties who would give testimony. C OFFIC 1 T57 61 1 CD YI? 0TYL 'UMUEPTEMB.9S A motion was made, seconded and carried to call case B before the Board. ApIlk B. CEB 98 -08 -030 -- Rex Anderson Attorney Taylor advised the Board that the correct address of the property is 1412 Parrot way and not 1412 Jay Street. Mr. Anderson waived the imperfection of the address. Attorney Taylor advised the Board that a potential conflict existed since Mr. Lomax was a neighbor of Mr. Anderson. Mr. Lomax testified that he had known Mr. Anderson for 22 years, and to avoid any improprieties, he would recuse himself in this case. if other members of the Board felt it necessary. Mr. Taylor stated that he, also, was a friend of Mr. Anderson, as was Mr. Bundy, but lie did not feel that there was any conflict. Mr. Anderson testified that he had no problem with his friends being on the Board, and it was agreed by all that there would be no partiality. Code Enforcement officer Ms. Price presented the facts of the case: She received complaints oil April 9 and 14, 1998 regarding two inoperable vehicles at the subject property: a pickup truck stored to the side of the driveway with an accumulation of yard trash in it; and an automobile. The owner was advised of the violations and given until April 22 to comply. Ms. Price checked the property again on June 10, and there was no compliance. The owner was advised to rectify the violation by June 16, which was not done. A tag in now in the window of the truck, but the vehicle has not been moved. [Photographs taken in August and on September 22 were introduced into evidence.] Recommendation: the vehicles need to be operable or removed from the property within seven days from the date of the order. An administrative fee of $50.00 should be imposed, to be paid within seven days of receipt of the order, and a fine of $25.00 per day per vehicle to be charged if not in compliance within the stated time. Attorney Taylor advised that a time certain should be established for payment of the administrative fee and suggested 30 days. Mr. Anderson testified that the pickup truck was not registered because he had had trouble obtaining the title to the vehicle from another state, but he did eventually register the truck on June 18. He stated lie kept yard trash in the truck and periodically dumped it. He testified the automobile is an antique vehicle and is not operable. Mr. Anderson volunteered that he would erect a fence to hide it from view. Mr. Anderson disagreed with Ms. Price's definition of an inoperable vehicle. Attorney Taylor stated that Mr. Anderson had admitted that the car was inoperable. Chairman Bundy said that erecting a fence would not bring it into compliance. Attorney Taylor stated that Ms. Price had done her duty correctly according to the Longwood City Code. A discussion ensued. Mr. Anderson said that he brought the truck to the dump every few weeks and then re- parked the truck in the same place in his yard. when asked whether he spoke with Ms. Price concerning the truck, he said lie had not because the tag would be forthcoming. Attorney Taylor recommended that Mr. Anderson be found not in violation as to the pickup truck, but in violation as to the automobile. Chairman Bundy closed the public hearing portion of this case. A discussion by the Board members was in agreement with Attorney Taylor's recommendation. e. {offs r smstvof s :Dmz2w t vrFsuEnrma_ 7 Mr. Lomax made a motion to find Mr. Anderson guilty of violating Longwood City Code. Chapter 12, 2 12 -2 and LDC Section 24- 23.07, and to give the Respondent 14 days from September tember 22 g P Y P to bring the automobile into compliance. An administrative fee of $50.00 is imposed and, if not in compliance at the end of the 14 days, a fine of $25.00 per day will be assessed. Motion was seconded by Mr. Tolos and carried by all. C. CEB 98 -08 -431 - Joseph T. Hill Code Enforcement Offi cer Cathy Price presented the facts of the case: On April 10, 1997 Mr. Hill was advised of the violations - ongoing vehicle repairs being done in a residential area, inoperable vehicles stored on the property and right -of -way, and inoperable vehicles obstructing the sidewalk. Mr. Hill came into compliance at that time, but then the violations recurred and a letter dated August 13, 1998 was sent to him, advising that he needed to come into compliance. Mr. Hill was ill in August and this case was continued to the September CEB meeting. Ms. Price recornmended that all repair and storage of vehicles cease within seven days of receipt of the final order and that a $100.00 administrative fee be imposed. If not in compliance within the seven -day time period, a fine of $25.04 per day per vehicle should be assessed. [Photographs were entered into evidence.) Mr. Hill testified that he had lived at this property for 30 years. He said that when the sidewalk was installed, there was no allowance made for vehicles to park without obstructing it. He said that the only vehicles he works on are his own, which lie then donates to charitable organizations in this country and in Costa Rica. After receiving Ms. Price's letter of September S, he registered and obtained insurance on the seven vehicles on his property. He has not completed work on many oph". of the vehicles, because lie has had four heart attacks in the last three months. [Certificates of Title on all vehicles were introduced into evidence.] A discussion ensued. Chairman Bundy stated that technically the vehicles are not Mr. Hill's, because he is repairing them and then giving them away. Attorney Taylor said that Mr. Hill is conducting a repair business in a residential area. Chairman Bundy advised Mr. Hill than although he was doing this work out of "the goodness of his heart" , he would have to cease working on cars at his home. The City contends that repair work on cars is not allowed at a residential address, and there is a limit to how many cars can be registered in any one year to an individual, or it constitutes an enterprise. The public hearing portion of this case was closed by Chairman Bundy. A discussion by the Board followed and it was agreed that Mr. Hill should be found in violation, but that he be given adequate time to come into compliance. A motion was made by Mr. Tolos to find Mr. Hill guilty of violating Longwood City Code, Chapter 12, 12-1(4) for obstructing the sidewalk, LDC Section 24 -23.07 for having inoperable vehicles on the property, and LDC Table 24 -2 for operating a repair business in a residential area. Mr. Hill was given 30 days from the day he receives the final order to come into compliance, or he will be assessed a tine of $25.00 per day per vehicle. An administrative fee of $100.00 is imposed. to be paid within 30 days of receipt of the final order. The motion was seconded and carried unanimously. C IOFFJM WPWLV611CDHU20W].%Ir ESUEPTEjWB. gS `� A. CEB 98 -08 -028 - Con-Seal International Code Enforcement officer Cathy Price advised the Board that this enterprise applied for a City license and is now in compliance. G. OLD BUSINESS CEB 98- 08 -025 - Ricky W. and Sonya Harrison Cathy Price advised the Board that demolition of the building on the property has been completed and the owners are now in compliance, although, they have not yet paid the administrative fee. CEB 98 -08 -027 - Andy Jones The property has been cleared and Mr. Jones is in compliance. CEB 98 -08 -029 - Nicholas Chrysochos The duplex property has been cleared of debris and Mr. Clirysochos is in compliance. He has not paid his fee . but lie still has time to pay it. Ow 7. NEW BUSINESS Mr. Tolos asked that Attorney Ooodblatt advise the Board whether they have the correct forms for motions. Chairman Bundy asked whether the City has a policy on a timefrarne for payment of fees. Attorney Taylor advised that, in his opinion. Respondents should be given a minimum of 30 days to pay, and that the fee should be based on the amount of tine invested in prosecuting the case. Chairman Bundy introduced the newest Code Enforcement officer, Date Spak, 8. ADJOURN'.1 LENT The Code Enforcement Board Meeting adjourned at 8:39 p.m. Respectfully submitted, Carol D. Hoben Recording Secretary October 5, 1998 c � �oFFrc� KP��r�r�i �c�t� ::aixr .4'ilTFS1,5���1�. ati 4