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CEB_05-25-99_MinN � City of Longwood Code Enforcement Board City Commission Chambers 175 W. Warren Avenue Longwood, FL 32750 MINUT of MEETING May 25, 1999 1. CALL iN EETING To ORDER Meeting was called to order at 7:06 p.m. by Chairman Bundy 2, ROLL CALL Members present: Haywood Bundy. Chairman �. John Maingot Charles Miles John Lomax Cheryl Melvin Staff Present: Amy E. Goodblatt. CEB Attorney Richard Taylor, City of Longwood Attorney Cathy Price. Code Enforcement Officer Daniel Spak, Code Enforcement officer Carol D. Hoben, Recording Secretary Excused absence: Ernest Tolos 3. APPROVAL OF MINUTES OF MARCH 30, 1999 MEETING Motion made by Ms. Melvin and seconded by Mr. Maingot to approve the minutes of the March 30, 1999 CEB meeting. Minutes were accepted by unanimous vote. 5- W'U Portrimw 419JI &M'199-414ry opok 4. PUBLIC HEARINGS Attorney Richard Taylor swore in all parties who would give testimony. A. CEB 99 -04 -43 Richard De Howard d Code Enforcement officer John Spak presented the facts of this case. The property owner was initially notified on November 24, 1998 of a violation of LDC 24 -25.13 outdoor Storage, and was given until December 1 to remove the outdoor storage in the front and rear yards. on December 7, Mr. Spak revisited the property and noted that some progress had been made, but the property was still not in compliance. Also, in December, the Longwood Fire Department expressed concerns about the potential problems of such an accumulation of materials. on January 21, 1999. on a return visit, Mr. Spak found the front property free of storage, but the rear yard completely full of materials and appliances, and also several unpermitted structures and utility trailers. on February 1", the driveway was again filled with various appliances and materials. and on a subsequent visit, Mr. Spak viewed a large, unpermitted tent -like structure in the back yard. Mr. Howard contacted the Code Enforcement officer and told him he had been sick and would need another week to remove the materials. [Five photographs, taken on April 29 and May 25, were introduced into evidence.] officer Spak expressed concerns about the difficulty the fire department would have accessing the property due to the materials present. The Board questioned the Code Enforcement officers about the trailers, which are utility trailers, and whether they are allowed. Cathy Price responded that they are allowed if screened from view. Testimony by property owner: Mr. Howard testified that his intention was to have a garage sale, and also that he collects items, stores them in the trailers, and then hauls the trailers to a salvage center. He erected a canvas structure over his vehicle so lie could work on it in any weather. He has since removed the canvas and other materials from the property, and he moved a shed to the corner of the property. He has applied for four building permits [which were introduced into evidence]. As of 6:30 p.m. on this date, everything has been removed. Attorney Goodblatt pointed out that the property owner was not cited for running a business out of his home, to which Attorney Taylor concurred. Mr. Howard informed the Board that a former tenant on the property had left a lot of items in the front yard. He said that there were still four washing machines or clothes dryers in the back yard, but he intended to remove them immediately, when questioned about fencing, Mr. Howard said he would erect fencing around the pool if lie has a tenant with children. Mr. Spak said thiat the City recommends an administrative fee of $100.00, that the property 3- DUCaurncnts ill �!!� trfFS199�l�1 �' owner be required to clean up the backyard entirely and to obtain permits for every lApbL structure on the property. Also, a fine of $250.00 would be imposed if the violation continues. A discussion ensued and Attorney Coodblatt re- emphasized that the owner was only cited with outdoor storage and unpermitted structures. Motion was made by Mr. Maingot to close public hearing portion of the meeting, seconded by Ms. Melvin, and passed unanimously. Mr. Lomax agreed with a $100.00 administrative fee and suggested that Mr. Howard be allowed ten days from the date of service of the order to come into compliance before the institution of the fine, and that this action would establish him as a repeat offender. Attorney Ooodblatt pointed out that Mr. Howard had been present at the April meeting, when there was no quorum, and had been cooperative with returning to the May meeting. Mr. Spam agreed and stated he had had a good relationship with Mr. Howard, and suggested an inspection of the property prior to the elapse of the ten -day period. Motion was made by Mr. Maingot to find the Respondent guilty of violating Land Development Cade 24 -25.13 relative to outdoor storage and that he had received proper service of notification of the violation. An administrative fee of $50.00 should be imposed and a fine of $150.00. The Respondent should be treated as a repeat offender if the violation continues after the ten -day period, after being advised of any cleanup that is deemed necessary. Mr. Howard should notify the CEB requesting an on -site inspection prior to the ten days and if in violation after the ten days, a fine of $100.00 per day to become effective on the 11 h day after service of the order. Motion was seconded by Ms. Melvin. Mr. Lomax asked whether the tine would be $150.00 or $100.00, and Mr. Maingot said it would be $1 00.00. Attorneys Goodblatt and Taylor discussed the time period for imposition of the fine. The motion was amended to remove the statement regarding repeat offender, and the administrative fee was set at $50.00 and the fine at $ 100.00 per day after ten days, and that Mr. Howard should contact the City prior to the ten days for an on -site inspection. Motion carried unanimously. 5. OLD BUSE\TSS A. CEB 99 -03 -041 Ricky H. Basdeo Boat has been removed. B. CEB 99 -01 -036 Ernest T. Baumeister Property owner has submitted a proposed site plan addressing the drainage issue. C. CEB 98 -08 -031 Joseph T. Hill It has been difficult to prove that this property is operating as a rooming house. All the cars are registered in the name of the property owner. S A 411 D"wimna 1119LAll ti'U'E:S1453 ifcrr O"k 6, NEW BUSINESS There was no new business. 7. "JOURNNIENT Meeting adjourned by Chairman Bundy at 7:55 p.m. Respectfully submitted, Carat D. Hoben Recording Secretary June 17, 1999