Loading...
CEB_01-26-99_Min169W City of Longwood Code Enforcement Board City Commission Chambers 175 W. warren Avenue Lonpvood, FL 32750 MINUTES OF MEETING January 26, 1999 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 Cheryl Melvin Lynette Dennis Ernest Tolos John Lomax Members absent: Charles Miles Staff Present: Amy E. Goodblatt, CEB Attorney Richard Taylor. City of Longwood Attorney Cathy trice, Code Enforcement officer Daniel Spak, Code Enforcement officer Carol D. Hoben. Recording Secretary Also Present: Lt. Yelvington 3. APPROVAL OF MINUTES OF NOVEMBER 24, 1998 MEETING There was one correction to the November 24, 1998 minutes: Mr. Lomax's absence was an excused absence. Unanimous vote to approve November 24, 1998 minutes with one correction. G- 1oFnCOIRPRU61 1CDH1119.%IMI,la7ES19911A11VARY. V#?D Aph` 4, PUBLIC HEARINGS Attorney Richard Taylor swore in all parties who would give testimony. A. CEB 99 -01 -035 - Ernest T. Baumeister, Business owner Six Flags Nurser Supplies, Inc. Code Enforcement Officer John'` Spak presented the details of the first case. Mr.' Baumeister, owner of Six Flags Nursery Supplies, Inc.. was given numerous verbal warnings about mulch polluting the City drainage system. on November 19. 1995, the owner received written notice of violation of City Code Ch. 12, 12 -.248), requiring corrective action by November 30, 1998. on January 7, 1999, the owner received a second written notice of this violation. as well as notice of equipment parked on the right - of-way in violation of LDC Sec. 24 -52. [Seven photographs and a sample of mulch were introduced into evidence.] Mr. Spak recommended an administrative fee of $ 100.00, that the property owner remove the equipment stored in the right -of -way and that the owner submit a plan of action to eliminate the mulch and other by- products from washing into the City's drainage system. Mr. Spak stated that Mr. Baumeister had been cooperative and had expressed a desire to correct the violation. 0 0 1K A discussion ensued as to the verbal warnings and whether the property owner understands what is required of him. Testimony by Mr. Baumeister: The equipment has been removed. He is willing to comply and has no problem with remedying the mulch problem. He will contact a civil engineer to formulate a solution. Mr. Spak pointed out that the mulch has built up over a period of years, and Mr. Bundy added that it may require an engineer to evaluate the problem. The public hearing portion of this case was then closed. A discussion by the Board ensued regarding a time period for resolution of the problem and involvement of a civil engineer. Mr. Maingot made a motion to find the Respondent guilty of violating City Code 12, 12 -2(8) for drainage pollution and guilty of violating LDC 24 -52 for storage of materials in a right -of -way. An administrative fee of $100.00 is imposed. The Respondent is given 90 days within which to rectify the violation of City Code 12, 12-2(8) and a fine of $50.00 per day will be assessed if Respondent is not in compliance after the 90 -day period. with regard to the violation of LDC 24 -52 Respondent is required to complete removal of the remaining materials within 24 hours, and a fine of $50.00 per day will be imposed immediately thereafter. Attorney Coodblatt advised that there should be a due date for payment of the administrative fee, and that the AW Respondent should be allowed more than 24 hours to remove the materials. The motion C 10FR E't"MAWif "DNI►l s►XWESi49V.iVUARY.W?D was amended: the administrative fee is to be paid within seven days and the blocks are to be removed within five days of receipt of the final order. The motion was seconded and carried by unanimous vote. B, CEB 99 -01 -037 - Jeffrey H. and Ardel Cheffer Code Enforcement officer Cathy Price was sworn in by Attorney Richard Taylor. Ms. Price presented the facts of the case. This violation came to her attention as a result of an inspection of the property, not from a complaint. There are two boat and trailer combinations and one yard trailer parked in the side yard of the property, not screened from view by a fence, in violation of LDC Sec. 24- 23.09(b). Notice of the violation was given on December 14, 1998. The property owner picked up a fence permit on December 17, 1995. The property was re- inspected on January 5. 1999, but there was no change. The recommendation is no fine. but the property owner should be required to come into compliance. Testimony by Mr. Cheffer: He has gotten a fence permit and is ready to install the fence as soon as he can purchase the materials. Discussion by the CEB ensued. It was agreed that Mr. Cheffer be allowed thirty (30) days APB to complete installation of a fence to screen the boats and trailers. A motion was made to find the Respondent guilty of violating LDC Sec. 24- 23.09(b) for storing boats and trailers in public view. that he be given thirty days to erect a fence, and thereafter a fine of $10.00 per day will be imposed if not in compliance. The motion was seconded and carried by unanimous vote. C. CEB 99 -01 -035 - William L. Skory, Business Owner OCR Upholstery and Decorating The CEB was advised that this case has been dismissed. D. CEB 99 -01 -034 - Kingdom of Heaven Church, occupant NOW Trust, Property owner Richard Allan Shiarla and Joe D. Anderson, Principals & all other unknown owners Lieutenant Yelvington have the following testimony: In 1997 the property had new siding installed on the building without a permit or inspection. There was also signage which violated City Code, which after being cited was corrected. A new air conditioning system Avb6 was installed without a permit, and after being cited, a permit was applied for and issued . C OFFICE1 " WNW IM 111i II19XWh4%=tWVANVARY.. woo r' It was returned to the City, stamped, "Inspection Refused." The contractor advised the City on October 13, 1998 that the work was complete, but Mr. Shiarla refused to allow entry for inspection, On November 23, 1998 and November 30, 1998, an attempt was made to serve Mr. Shiarla, who refused service, with a violation notice and stop work order. Both were posted and the power was turned off by Florida Power. On December 3. 1998, Mr. Shiarla asked to turn on the power and gave a letter authorizing reactivation of the permit, and he allowed inspection. The power was turned on and the property was inspected. [Photographs were introduced into evidence.] The parking lot was paved without a permit and without a permit application to the Historic Board or the City Building Department. The City recommends an administrative fee of $250.00, and a fine of $100.00 per day if no compliance within a specified time period. A discussion ensued as to the method of service of the Notice of Hearing. The CEB was informed that the attorney for the Respondents received a faxed Notice of Hearing. Lt. Yelvington recommended that the Respondents should make application to the Historic Board within ten (10) days of receipt of the Final order. Attorney Taylor noted that the fine should be commensurate with the violation. and that the only outstanding issues are the siding on the building and the paving of the parking lot. Attorney Goodb l att advised the CEB that the Respondents need to be advised of the paving issue. A discussion ensued and the members were advised that Now Trust and the Kingdom of Heaven are two entities represented by an attorney. Lt. Yelvington stated that the Respondents first must make application to the Historic Board before applying for any permits. The public hearing portion of the meeting was closed. After a brief discussion, Mr. Maingot made a motion to find the Respondents guilty of violating SBC Sec. 104 for failure to obtain a permit, failure to post the permit and refusal to allow inspection of the property. An administrative fee of $250.00 is levied, to be paid within 30 days from receipt of the Final order. The Respondents will be given 10 days from receipt of the order to make application to the Historic Board for approval. Additionally, the Respondents will be given 30 days to make application to the City for an inspection of the siding. within the same 30 day period, Respondents will also make application for the necessary permission to pave the driveway to the Historic Board as well as the City. Respondents will be required to allow the City inspectors access to the property. After the 30 day period. a fine of $100.00 per day will be imposed relative to the siding and the paving, with a $25.00 per day fine to be effective 10 days after service of the Final order if application to the Historic Board has not been made. Motion was seconded by Mr. Tolos. Attorney Goodblatt advised that the motion must find the Respondent guilty of specific violations. Motion was amended: the Respondents are guilty of violating SBC Sec. 104; the Respondents are to pay administrative costs of $250.00: the Respondents are to apply for permission to pave the driveway in concurrence and compliance with the Historic PIK Preservation Board and the City; a building permit must be obtained and inspection of the C- IOFnM l4PWJN %ItCDfAII9XIMIN(ITES199U4,%'VARr ON) 4 Pi` siding on the building must be permitted. If Respondents do not comply within 30 days from the date of service of the Final order, they shall pay a fine of $ 100.00 per violation per day for each day the violation continues and a fine of $25.00 per day to be effective 10 days after service of the Final order if application is not submitted to the Historic Board. Motion was seconded by Mr. Tolos and carried by unanimous vote. 5. OLD BUSINESS A. Knox: The property owner has not complied nor paid the fee. B. Longwood Automotive: The owner is removing vehicles and cleaning up the property . 6, NEW BUSINESS A. Lynette Dennis announced her departure from the CEB . and expressed her appreciation at having had the opportunity to serve the City. Chairman Bundy thanked Ms. Dennis for her contributions to the CEB. OP1111 B. Attorney Goodblatt reminded the Board of the necessity for including findings of fact, and not just stating, "based on the facts"., when making motions. The findings of facts need to be listed and cited in the motion. C. Code Enforcement officer Daniel Spak announced to the Board that the City of Casselberry was hosting a workshop for all code enforcement board members. The workshop will be conducted by Attorney Bob Hamilton. and the contact person is Mike Maloney at 262 -7700. 7, ADJOURNMENT The January meeting of the Code Enforcement Board Meeting adjourned at 8:56 p.m. Respectfully submitted, Carol D. Hoben Recording Secretary February 19, 1999 C :I QFFRM %r WNW 1CDN1l14J .W1XUf - 1 PWU 4,VUAH Y. 07V 5