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CEB_03-30-99_MinAo' City of Longwood Code Enforcement Board City Commission Chambers 175 W. 'Warren Avenue Longwood, FL 32750 MINU TES OF MEETING March 30, 1999 11, CALL MEETING TO ORDER Meeting was called to order at 7:03 p.m. by Chairman Bundy I ROLL CALL Members present: Haywood Bundy, Chairman AM, John Maingot Charles Miles 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. Hoben, Recording Secretary Daniel Spak, Code Enforcement officer John Groenendaal Excused absence: Cheryl Melvin (due to father's illness) 3. APPROVAL OF MINUTES OF FEBRUARY 23, 1 999 1 Motion nude by Mr. Maingot and seconded by Mr. Lomax to approve the minutes of the February 23, 1 999 CEB meeting. Minutes were accepted by unanimous vote. 40M 5 -'r33! f)a�rcm�nrs { }Ig'�4ff�ti Lf3E5199' �lt�rde A•- 4, PUBLIC HEARINGS A. CEB 99 -03 -40 Annaniarie and Scott vacca Code Enforcement Officer Cathy Price informed the Board that this property is now in compliance. B. CEB 99 -03 -041 John W. Wilson, Property Owner Jeff and Michele Peterson dlbla Spacewalk of North Orlando Attorney Richard Taylor swore in all parties who would give testimony. Chairman Bundy distributed and read aloud his letter concerning a potential conflict with this case, due to his office being in the same building. Mr. Bundy recused himself from voting in this case, and his letter was entered into the record. Code Enforcement officer, Cathy Price, presented the facts of this case. Initial notification of a violation of LDC, Sec. 24-- 25.13(e) was given on February 17, 1999, to the tenants by posting and to the property owner by mail. This violation was for equipment from the business being stored in parking spaces in front of the building and also in the fire lane. The tenants contacted the Code Enforcement office, but made no effort to comply. Notice of Hearing was personally served on the tenants and by certified mail on the property owner. [Photographs taken on February 23. 1999 and March 30. 1999 were introduced into evidence.] A discussion ensued about the type of equipment being stored. Attorney Taylor swore in Michele Peterson. Testimony by Ms. Peterson, manager of Spacewalk of North Orlando: when the occupational license was issued to Spacewalk, the City was aware of the nature of the business. [Photographs were introduced into evidence.] Ms. Peterson explained that the Spacewalk balloon "blow -ups" are vacuumed and cleaned in the parking lot. and then left out to dry for a short period of time. Bunk tanks, which are licensed, which are temporarily moved into the parking lot when accessing materials or blow -ups in the rear of the warehouse. Nothing is stored in the parking lot. Ms. Peterson explained that when Ms. Price came to their building, she advised Ms. Peterson that her vehicle was illegally parked, and it is Ms. Peterson's opinion that this citation was written in retaliation for the parking issue. [Photographs of the occupational license were introduced into evidence.] Ms. Peterson advised that she is moving her business out of Longwood at the end of April. 1999. 1, .r::4rr Darun,ff -.0 :1r9Jr[N rrtiM 99asarrA A"h when questioned by Board members. Ms. Peterson testified that there are two parking spaces allotted to the business. that she is aware of the fire lane and she temporarily stores the blow -ups and dunk tanks in it for pickup, and that when she vacuums the balloons, she drapes the cord across the parking lot. Ms. Peterson testified, when questioned. that she received notification of the code violation on February 17. [Photographs of the Notice were entered into evidence.] Further discussion and questioning by the Board followed. and the witness clarified that the dunk tanks are stored inside, but moved outside on a daily basis to allow access to the back of the warehouse. Ms. Price testified that when she attempted to talk with the tenant about the violation, Ms. Peterson, who was talking on the phone, commented to Ms. Price that she was not a police officer and then returned to her phone conversation. Testimony by property owner. John Wilson: Mr. Wilson informed the Board that the citation he received had the wrong case number and address for the hearing. Mr. Wilson, when questioned, admitted that he was aware of the dunk tanks and blow -ups being in the parking lot and fire lane, on occasion. Further discussion and questions followed. Ms. Peterson testified that rolled -up, deflated blow -ups were also moved into the parking lot from the warehouse. 0011- The public hearing portion of this case was closed by unanimous vote. The members of the Board and Attorneys Goodblatt and Taylor discussed the definition of "outdoor storage". It was agreed that it has to be "habitual storage of goods for safekeeping. " Mr. Lomax stated there was insufficient evidence of a violation in this case and made a motion that, based on the testimony and evidence. the case be dismissed. Motion was seconded by Mr. Tolos. Motion carried by unanimous vote and the case was dismissed. Mr. Lomax expressed his wish that the business remain in Longwood. C. CEB 99 - 03 - 041 Ricky H. Basdeo Code Enforcement officer Daniel Spak presented this case on an emergency basis. on December 7, 1995, Mr. Spak inspected this property and found a large boat, visible from both Grant and Pasadena Streets. The property owner was notified of the improper storage of the boat on that date as well as on January 4 and March 4, 1999. Can March 11. 1999, the boat was moved to the right-of-way in front of the property. where it remains. The trailer holding the boat is too small for it and there now exists a dangerous situation. [Three photographs were introduced into evidence.] The property owner has informed Mr. Spak that he doesn't know how to have the boat moved. This constitutes a dangerous situation which needs to be addressed immediately. Apok S.1lL Dt�cr�eKr�s 1J9�ILtZ�99'Jlun�4 '� Aphk Board members questioned Mr. Spak about the property owner's intentions. Mr. Spak responded that he believed that the property owner intends to move the boat, but doesn't know how. Testimony by Mr. Basdeo: The boat belongs to a friend of his who says he will move it in a couple of days. Mr. Basdeo has been unable to find someone to move it and does not know what to go about it. The Board discussed the danger and liability involved in this situation and the recommended time for moving the boat and trailer. Attorney Taylor suggested allowing the property owner until Friday morning to remove the boat and, if not accomplished by that time, then the City would do it at a cost to Mr. Basdeo. Motion was made by Mr. Tolos to close the public hearing portion of this case. Motion seconded by Mr. Anderson and carried unanimously. A brief discussion of liability was followed by a motion made by Mr. Lomax, seconded by Mr. Maingot, to require Mr. Basdeo to remove the boat by Thursday, April 1, 1999, and if not removed by 8:00 a.m. on Friday, April 2, 1999. the City will be prepared to have the boat removed and will assess the cost to Mr. Basdeo. Attorney Taylor pointed out that the City will find this violation constitutes an eminent danger and. if the property owner does not repay the cost of removing the boat, the City will record a lien against the property. Motion carried by unanimous vote. 5, OLD BUSINESS A. Bryan Hartman and Wanda Spurlin, 920 Oleander Street: The property owners applied for permits for the two lean -to roofs, but were denied because the City would not allow them to extend the existing buildin The tine started on March 25 at $25.00 per day. The property owners have not contacted the City. B. Annamarie and Scott Vacca, 1082 Reams Street: Mr. Lomax asked if there were any expenses involved or extensions given on this case, and Ms. Price advised that there were not. 7 . N BUSIN Letter of appreciation: Attorney Goodblatt presented a draft of the letter of appreciation for Board members. Attorney Taylor suggested It certificate of appreciation also be presented. A discussion ensued about presenting former members with the letter and AW 3 4 JPb* certificate at the annual dinner. Filing motions: Chairman Bundy brought up the subject of filing motions. Attorney Goodblatt provided forms for motions and suggested first finding out if there is an issue of service. and if no issue to say "service was proper". Next. cite Respondent with a particular violation. Third, state the facts of the case and why a violation exists (use the word "because "). Lastly. assess a penalty. April CEB meeting: After some discussion, it was agreed that the next CEB meeting will be on Thursday, April 29, 1999 at 7:00 p.m. 7, ADJOURIN+fENT Motion to adjourn was made by Mr. Tolos, seconded by Mr. Lomax and carried unanimously. Meeting adjourned by Chairman Bundy at 8:50 p.m. Aph, Respectfully submitted, Carol D. Hoben Recording Secretary April 27, 1999 AW S.:rlA �rriJl4tlNlti"iJTESi49��I,►r�