Loading...
CEB_02-23-99_MinAmb' City of Longwood Code Enforcement Board Longwood Civic League Women's Club 150 W. Church Avenue Longwood, FL 32750 NIINUTES OF MEETING February 23, 1999 11 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 A=b, John Maingot Charles Miles Cheryl Melvin Ernest Tolos John Lomax Dan Anderson Staff Present: Amy E. Goodblatt, CEB Attorney Richard Taylor, City of Longwood Attorney Cathy Price, Code Enforcement officer Carol D. Boben. Recording Secretary Chairman Bundy introduced and welcomed Dan Anderson to the Code Enforcement Board. 3, APPROVAL OF MINUTES OF JANUARY 26, 1999 MEETING Motion made by Mr. Lomax and seconded by Mr.Maingot to approve the minutes of the January 26, 1999 CEB meeting. The minutes were accepted by unanimous vote. S. .411 Drmrr mo l!!4'L1!INUTESIWTEBRUARY. %?D � 4. PUBLIC HEARINGS Attorney Richard Taylor swore in all parties who would give testimony. A. CEB 98 -08 -029 - Nicholas Chrysochos, Property owner (repeat violation) Code Enforcement officer Cathy Price presented the facts of this case. In August. 1998, this property owner was found guilty of violating City Code Chapter 12, 12 -2(1 and 2) for high grass and trash on the property. These violations were remedied, however. they were again reported in December. [Two photographs were introduced into evidence.] The property owner was notified of the violation and responded with a letter to Ms. Price explaining that he had had vacancies at the property and that he was unaware of the violations. Since that time, he has cut the grass and removed the trash and brought the property into compliance by February 22, 1999. Ms. Price recommended a $50.00 administrative fee, since this is a repeat offender, and a $50.00 fine. Also, Ms. Price advised that Mr. Chrysochos still owes the fee from the previous case. Mr. Maingot asked whether a reminder notice had been sent to Mr. Chrysochos, and Ms. Price responded that it had not. Testimony by Mr. Chrysochos: He was out of the country in December until early January and did not realize that the property had gotten into a mess after being vacated by one of his tenants. He admitted fault, but stated it was unintentional, and that lie has since cleaned up the property. He said he had overlooked the previous fee and expressed a desire to immediately pay it. Mr. Taylor questioned Mr. Chrysochos as to when the tenants had moved, to which he responded January 10 or 11. Mr. Taylor pointed out that the property owner was aware of the mess on the property for quite some time before he addressed the problem. [Mr. Chrysochos introduced photographs into evidence.] Attorney Goodblatt and Mr. Maingot asked Mr. Chrysochos how he would keep up with the property in the future, and he responded that he expected his tenants to do it. Unanimous vote to close the public hearing portion of this case. Attorney Goodblatt advised the Board that with repeat violations, the fine runs from the date of the Notice of Hearing, not from the date of the order. and that a time limit needs to be included on the payment of fees and fines. A discussion by the Board ensued as to fining the Respondent from the date of the Notice of Hearing. Mr. Maingot made a motion to find the Respondent guilty of a repeat violation of City AW Code Chapter 12, 12 -2(1) and (2), for high grass and a large accumuliition of trash on the S-- ut► Dacwwo I " UAItr. WPV 2 � property, supported by photographic evidence. Respondent shall pay an administrative fee of $50.00 and a fine of $50 as a repeat violation. Mr. Tolos seconded the motion. After some discussion. the motion was amended by Mr. Maingot to include the previous $50. fine which had not been paid, and if payment in full is not made on February 23, 1999, a $25.00 per day fine will apply retroactive to February 9, 1999 to the date of compliance, February 22, 1999. Amended motion was seconded by Mr. Tolos. Mr. Chrysochos paid $150.00 ($50.00 for the fine, plus $100.00 for the two administrative fees of $50.00 each). B. CEB 99 - - 038 - Bryan S. Hartman and Wanda L. Spurlin Board member Cheryl Melvin informed the Board that she is a neighbor of Mr. Hartman, but would remain impartial. Attorney Taylor swore in the witnesses. Code Enforcement officer Cathy Price presented the facts of the case. Responding to complaints. Ms. Price went to the property in December and saw two lean -to roofs that appeared unstable and which had been constructed without a permit, in violation of City idshk Code. Section 5--19. She also saw two vans stored on the right -of -way in violation of LDC . Section 24- 23.07. [Two photographs were introduced into evidence.] property owners were notified of the violations and given a compliance date of December 21, 1998. Respondent Ms. Spurlin requested an extension, and since that time has removed one vehicle. one vehicle still remains and no permits for the lean -to roofs have been issued. City recommends a $50.00 administrative fee and that Respondents be required to apply for a permit within seven days or remove the roofs; a fine of $25.00 for constructing the roofs without a permit; and a fine of $25.00 per day per vehicle parked on the right-of- way. Chairman Bundy inquired whether the vehicle on the right -of -way is operable. W. Hartman testified that the vehicle is a van and is used twice a week. Ms. Spurlin testified that the other vehicle is not operable and has been moved to a garage. She stated that the shed roofs are stable, and she inquired as to who had made the complaints. Ms. Spurlin was advised by Chairman Bundy to take that issue up with City administration. Mr. Hartman testified that he didn't know that he had to pull a permit to erect the lean -to roofs, but would do so. Unanimous vote to close the public hearing portion of this case. Attorney Goodblatt advised the Board that in order to be in violation of LDC . Section 24-23.07, it has to be an inoperable vehicle, and since the Respondents' vehicle is operable, they cannot be ,S--\,4U DoommUll 19%Af MUT£51WFURVA R Y. WPD -� charged with a violation. Discussion ensued and a motion was made by Mr. Lomax to find the Respondents not guilty of violating LDC, Section 24- 23.07. Motion was seconded by Cheryl Melvin and carried unanimously. Mr. Maingot made a second motion to find the Respondents guilty of violating City Code, Section 5 -19 . for erecting two lean -to roofs without obtaining a necessary permit. Notice of Hearing was duly given on February 9, 1999. Respondents shall pay an administrative fee of $50.00 and a fine of double the permit fee or $100.00. whichever is greater. Additionally, Respondents shall pay a fine of $25.00 per violation per day for each day the violation continues beyond seven days from the date of service of the order. Motion was seconded by Mr. Tolos. A discussed ensued as to the date of service of the Notice of Hearing, and Mr. Maingot amended the motion to change the service date to February 10, 1999. Amended motion was seconded by Mr. Tolos and carried unanimously. 6, NEW BUSINESS A, John Maingot, Haywood Bundy and Attorney Goodblatt attended the seminar on code enforcement given by Mr. Robert Hamilton. They conveyed to the Board that prior to finding a Respondent guilty, they should first make a finding that a violation has occurred and then should decide on the amount of the fine (entertain lamb, a motion for the fine) . B, Chairman Bundy suggested sending a letter of appreciation to members whose terms expire. 7, ADJOURIN LENT The February meeting of the Code Enforcement Board Meeting adjourned at 8: 10 p . m . Respectfully submitted, Carol D. Hoben Recording Secretary March 25, 1999 S :1AH Dater wnaIII W_tFE8RUARY. %PA 4