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CEB_06-22-99_MinAO" City of Longwood Code Enforcement Board City Commissions Chambers 175 W. Warren Avenue Longwood, Florida MINUTES OF MEETING June 22, 1999 1. CALL MEETING TO ORDER Meeting was called to order at 7:00 p.m. by Chairman Bundy. 2. ROLL CALL Members present: Haywood Bundy. Chairman John Lomax Cheryl Melvin Ernest Tolos APk Staff Present: Amy E. Goodblatt. CEB Attorney Cathy Price, Code Enforcement Officer Dan Spak, Code Enforcement Officer L anti ne white, Interim Recording Secretary Excused absence. John Maingot Charles Miles 3, APPROVAL OF MINUTES OF MAY 25, 1999 MEETING Motion made by Mr. Lomax and seconded to approve the minutes of the May 25, 1999 CEB meeting. Minutes were accepted by unanimous vote. 4, PUBLIC HEARINGS Attorney Richard Taylor swore in all parties who would give testimony. A. CEB 99- 06 -=I6 Craig Adirim, Tenant d /b /a Adirim's Mobile Service & Stephen and Cheryl Gray, Property Owners SAA11 Doeuments\119WINUTEM99Vune 1231 Hamilton Street Long"-ood, FL 32750 The Code Enforcement officer stated that there has been a lot of confusion about all the paper work that had been sent to property owners concerning code enforcement. In December. the City Council suspended enforcing any codes to do with commercial vehicles in neighborhoods. Then in March they came back and said to enforce them, then two weeks later, in April they were told to not enforce the codes. In May they were told to enforce them again. So many people were very confused as to whether they could or could not park commercial vehicles on their property. Copies of the letters that were sent to the property owners were distributed. Notice of violation dated March 10th was delivered to the tenant that there were two commercial vehicles parked on the property. One was a flat bed hauler the other was a pick up truck 1A ith commercial equipment on the back. A letter dated March 18th was sent to the property owner stating same thing. A letter was sent to everybody that was cited in March to disregard the notice about commercial vehicles. That letter was also sent to the property owner. A letter saying the city had completed reviewing the ordinances and was going to enforce the code was later sent Pictures of 1231 Hamilton were passed around showing the trucks and where they were parked. Mr. Adirim stated that both of the trucks were late models and the equipment was in good condition. Discussion follotiNred concerning the pictures such as when were the pictures taken. how often were the trucks seen there and JP11` when was the last time the site was visited. The answer was today. Zoning is residential R- 1 in that area. All vehicles mentioned were classified as commercial vehicles. Questions concerning the letters and when they were sent and how they were sent. followed. Pictures were introduced into evidence showing the continuing violation after the compliance date. Mr. Adirim was present at the meeting because lie wanted to represent himself. Mr. Gray (the property owner) called to report that he couldn't be there but he was concerned about the problem and would ask the tenant to relocate if the violation could not be cleared up. Mr. Adirim was given a chance to present his case before the board and why he feels that he should be able to park his vehicles at his home. He stated that the trucks look good and are in good repair. He has always tried to comply with the code and couldn't understand why he had been singled out when there were others in the neighborhood who parked their trucks at their houses. He was told by the board that vehicles are cited only when there is a complaint concerning them. He has made arrangements to park his vehicles elsewhere but they are easily reached when he needs them. Ways for Mr. Adirim to make changes in order to keep his trucks at home were discussed. Cheryl Melvin made a motion to close the discussion. The motion was seconded and passed unanimously. Mr. Lomax made a statement that Mr. Adiriurn should be found in violation of the code but given no line unless he doesn't comply with the code or another complaint should come in. Then. he would be fined if he did not comply within X number of days.. There was a discussion concerning which trucks were subject to the line. Attorney Goodbiatt emphasized that the trucks 5AA11 DocumentAl 19\,%41 'UTES199Vune AqW needed to be defined better than "big" and '`little" trucks. It was asked that the motion should be that the flatbed would be fineable, but the pick up would not. Mr. Tolos made a motion that the Respondents be found guilty of violating Longwood City Development code Section 24- 23.08, as a matter of law. Further the violations were based oil the fact that a flat bed hauler and a tool truck were parked oil the property at 1231 Hamilton St., Longwood FL the last occasion being 6122199. Notice was properly served about the violation by Code Officer Spak and Police officer Green. Also, the tenant has no additional time in which to bring the property into compliance. A penalty of $100.00 per day will be imposed for each and every day of noncompliance. Administrative costs are not to be assessed against the Respondent. Motion was seconded. Attorney Goodblatt asked if the penalty would be assessed against the property owner and the tenant, or just against the tenant. Mr. Tolos amended his motion to include both and the second was amended. Roll call was made and the motion was carried unanimously. B. CEB -99 -06 --047 James T. Ferry and Lori Jo Ferry 845 Pasadena Av Longwood FL 32750 Mr. Ferry is the owner of C & J Towing. The City testified that a notice had been given to Mr. Ferry oil 613199 notifying him that he was in violationfor parking commercial vehicles in R -1 zoning. lie also received the blue and green letters that the ordinance enforcing LDC 24 -23.08 was in and out of effect.. Pictures of his vehicles, a flatbed truck and a tolA" truck. were passed around for viewing. Questions were asked about the trucks by the Board members. Mr. Ferry is also the property owner. An officer went by the property at least 20 times and noticed that trucks were there some times and not other times. Mr. Ferry was present and reported that his tow trucks had been parked in front of his house for the Iast 8'f2 years. He parks the trucks in front of his house because he has 15 minutes to respond by a call by the Police Department if they need to have a vehicle towed. His trucks are not big trucks. He has a 6 -foot fence that he can park the trucks behind and they could not be seen. This is his sole means of income and he needs to have the trucks available when a call comes in. He was reminded that the Board could only act on any complaints that were brought to them. They have nothing to do with the other trucks that are in violation. The City Commission has the authority of how laws were enforced. All the Board does is enforce the law and act on complaints that are handed down to them from the City. Mr. Ferry was upset that he was being held in violation of the code while other truck owners were not being cited. The code was explained further to him. He was told to speak to his commissioner if he has a concern about the law. The Board does not make the law. Mr. Ferri said that he would go before the City Connnission to plead his case. Mr. Spak did not suggest administrative costs or fees. He only said that the vehicles had to be moved off the property. A motion was made and seconded that the public hearing be closed. Motion passed. Mr. Lomax stated that the violation was still going on, so a compliance date should be set. It was suggested that 30 -45 days be given to comply with no fine until that time because it may be SAA11 DocumentAl 19WINUTESMUune difficult for Mr. Ferry to find another place to park his trucks. This time will also give him an opportunity to go before the City Commission. After some discussion, a motion was made by Mr. Tolos that the Respondent be found guilty of violating the Longwood Land Development Code Section 24- 23.08. In support of the motion, the facts were presented that two or more tow trucks were parked on many occasions in violations of the code at the property located at 845 Pasadena Av.. Longwood F132750. Notification was properly made on June 3rd by Code Enforcement officer Spak. Compliance was not timely met. The Respondent was given 45 days from date of notice to bring the property into compliance or $100.00 per day will be imposed each and every day of noncompliance. No administrative costs to be assessed. Also, that in the event the Respondent needs to comply with the then in effect ordinance of the City of Longwood. Motion was seconded by Cheryl Melvin. No discussion. Roll call was made and the motion was passed unanimously. S, OLD BUSINESS The Chairman asked if there was any old business to attend to. The case against Richard Ho« was brought up by Cathy Price who served him his final orders. Ile asked if she would do his reinspection but has not been able to do so. No other report could be made. The question was asked of Ms. Price if the Board would start fining hint for being in violation, or just see what happens. She said to said she would just wait and see what happens. 6. NEW BUSINESS None. 7. ADJOURNMENT Meeting was adjourned by Chairman Bundy. Respectfully submitted, Lancine white Interim Secretary July 17. 1999 PIN SAA11 Dniuments1119\1\11NUTES199Utine 4