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CEB_07-19-00_Min CODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Avenue Longwood, Florida MINUTES JULY 19,2000 Present: Robert Lomax, Chair Ernie Tolos, Vice-chair Larry Moore, Member Cheryl Melvin, Member Laura Moehlenkmp, Member Joe Hartman, Member Cliff Shepherd, Board Attorney Cathy Price, Code Compliance Inspector Absent: Dan Spak, Code Compliance Inspector Kevin Walters, Member 1. CALL MEETING TO ORDER Chair Bob Lornax called a regular meeting to order at: 7:00 p.m. 2. ROLLCALL. 3. APPROVE MINUTES OF M T MEETING -March 28,2030 Member Cheryl Melvii moved to approve minutes, Laura Moehlenkamp seconded. Ernest Tolos raised discussion over whether absence of Ernest Tolos and Dan Spak from meeting was authorized Chairman agreed absences were authorized and minutes should reflect. Motion to change minutes by Cheryl Melvin and seconded by Laura Moehlenkanlp. Vote in favor, 6 for, 0 against, 0 abstain. Motion to approve minutes as amended by Cheryl Melvin, seconded by Laura Moehlenkamp. Vote in favor, 6 for, 0 against, 0 abstain. Minutes approved as amended. Russell McLatchey introduced himself as attorney for the city, sitting in for Richard Taylor. 4. PUBLIC HEARINGS: Chair Bob Lomax called for first case: A. CEB 00-07-059 Scott D. Peters e 426 Longwood Circle Longwood, FL 32750 P' Cathy Price presented the first case. Violation of Land Development Code, Section 24-25.08 pool enclosure requirements. Two sections of Mr. Peters pool enclosure are not secured. First notice on 06/12/00, to be corrected by 06/15/00. Date of inspection 06/15/00 nothing had been done and 06/23/00 nothing had been done. On 6/30/00 city responded and repaired two sections of enclosure by right of screen door. Later noticed more screen openings for more than 4 inches. Permanent repairs not made by resident. No administrative fees or fines being requested, city is asking pool screening be permanently repaired within a minimal time. General discussion ensued about violanon and whether pool was still now accessible to juveniles and consensus made that repair was temporary but adequate. Mr. Peters testified that there was a ~roblemw ith rough weather -homeowner insurance would be dropped. Screen is 8 yrs. old screen in fairly good condition. Fence to be installed. Wd repair within 10 days. Chairman asked if testifying person had been sworn in. Attorney Russell McLatchey swore in Mr. Scott Peters. Attorney Russell McLatchey asked all testifymg persons at this time to stand and be sworn. Mr. Peters had a question about violation of vehicle without tag. Attorney Cliff Shepherd objected to testimony-not here for this violation. Chairman agreed, asked Mr. Peters to refrain from speaking about this violation. A motion was made to close this hearing by Cheryl Melvin and seconded by Laura Moehlenkamp. Chairman asked for time limit to be set because of concern for children. A * motion was made by Ernest Tolos that the respondent is found gullty and given 10 days or until 7/28/00 to make permanent repairs with a penalty after of $25 per day, each day not in compliance, no fees or h e s at this time. Laura Moehlenkamp seconded motion. No discussion. Vote was 6 for, 0 against, and 0 abstaining. Chairman Bob Lomax called second case: B. CEB 00-07-060 Susan Warren, Trustee, Property Owner & Dennis Costello, Tenant 423 Longwood Circle Longwood FL 32750 Cathy Price advised that the property is now in compliance; she received a call on 07/17/00 from property owner. Carport had been removed per inspector. Ms. Price asked board to make determination should carport reappear for repeat violation clause. No fines or fees are being asked for by the city. Mr. Costello was placed under oath because of late arrival he had not been sworn in. Discussion ensued about proof of service and about inoperable vehicle, which was not an issue. Mr. Costello called to tesufy and testified regarding vehicle, which was not an issue and was asked to subsist by Chairman. Mr. Costello walked out the door. Chairman advised city is asking for no fines or fee just for motion for violation not to reoccur. Joe Hartman made a m motion the board finds the respondent gdty but complied in removing canopy and if it were brought up again and put up again it would be a repeat violation. Seconded by Larry Moore. P Voted all in favor, 6 for, 0 against, and 0 abstaining. Chairman called for next case: C. CEB 00-07-061 Azucena and Angel Mejia 443 Longwood Circle, Longwood, FL 32750 Mr. Mejia sworn in by Attorney Russell McLatchey because of late anival he had not been sworn in. Complaint read by Cathy Price. Complaint of 2 commercial trucks parked in yard. No communication from Mejia's from 05/12/00 to be corrected by 5/18/00 re-inspected by 6/07/00 with no change and on 06/23/00 both trucks there. City asking vehicles to be removed from area. City asking for no fees or fines if removed in 10 days. Discussion ensued about vehicles, 6 ft fence and second vehicle, which comes and goes; established no photos of vehicle that comes and goes. Service was done on 07/11/00 by Officer Gioielli LPD to Mr. Mejia. Mr. Angel Mejia testified that one truck was sold and the bread truck was removed on July 19,2000. Ernest Tolos motioned public hearing be closed. Seconded by Lmy Moore. Voted all in favor. Ernest Tolos made a motion to to find respondent guilty of Land Development Code Section 24-23.08, no fines or fees being asked by city at this time, this zone is an area where these vehicles are not Larry Moore seconded motion. No discussion. Vote was all in favor, 6 for, 0 against, 0 abstaining. P Chair~nanc alled for next case: D. CEB 00-07-062 Dionide and Mercy Ramos 459 Longwood Circle Longwood, FL 32750 Cathy Price read compl.aint of vehicle repairs, Land Development Code Table 24-2, permitted use in zoning, Citycode Chapter 12,12-2. Date of original notice 06/09/00, other notices for vehicle repairs on 02/11/99 and 03/10/99. Last citing to be corrected by 06/14/00, date of re-inspection and results 06/09/00 no change, 06/14/00 two vehicles with legal tags parked behind cited vehicles. Because it is an ongoing problem city is asking all repairs to cease and all inoperable vehicles be removed and for respondent not to bring any more vehicles to property. To be corrected within one week or h e t o be imposed. Mr. Ramos testified he is not doing mechanic business at residence, all mechanical work he is doing is for his own personal vehicles. Has all titles and insurance for all vehicles. White car belongs to sister-in-law to be removed by Saturday. Red car belongs to friend, also to be removed promptly. City not requesting fees or h e s unless vehicles are not removed within a week. Discussion ensued about legal tags for vehicles with questions for Mr. Rarnos from Bob L o r n , Ernest Tolos and Laura Moehlenkarnp. Mr. Rarnos did not have registration for vehicles, only titles. Mr. Ramos advised he was going to remove all the vehicles. Mrs. Rarnos testified to tryto clear up some poinrs Mr. Rarnos had made about the vans in I* answer to questions by Ernest Tolos. Ernest Tolos motioned to close the public hearing, Cheryl Melvin seconded. All in favor. Ernest Tolos motioned to re-open the hearing and fi Laura Moehlenkarnp seconded it. All in favor. Chairman requested Mr. And Mrs. Rmos come back to testify about trash around the outside of the home. Mr. Ramos asked for evidence of the trash Ms. Price was speaking of. Discussion ensued about the trash being some batteries and tires. Mr. Rarnos entered photos into evidence that there is no trash. Ernest Tolos made a motion to close the public hearing, seconded by Laura Moehlenkamp. All in favor. Attorney Cliff Shepherd discussed what was being heard specifically and evidence of second citation of trash, due process issue of sections cited. Discussion of Code and legality. Chairman Bob Lomax said he was uncomfortable with a motion being made with the way the problem had been cited and would not entertain proceeding or entertaining a motion as Mr. Ramos would be taking care of the problem. Laura Moehlenkamp brought forward a discussion on the fact that the respondent had been cited the year before on different vehicles. Attorney Cliff Shepherd brought forward the wording of the code and how that would affect the board. Ernest Tolos made a motion that the respondent be found gdty of Longwood Land Development Code 24-2 "Permitted Uses" in zone R-1 and vehicle repairs are only allowed in C-3 zoning. Service made on 06/09/00 and notice of hearing by Officer Burkshire LPD 07/12/00 at 1327 hrs. Motion made that all inoperable vehicles are removed within two weeks from final order, if not complied with within two weeks the respondent is fined $50 per day for every day not in compliance. No fmes or fees at this time. Laura Moehlenkmp seconded. httorney Cliff Shepherd looked up code 24-12 and 12-2. Attorney Cliff Shepherd advised the board that the code should be revisited. No further discussion. Vote was 4 for, 2 against (Chairman Bob Lomax and Member Joe Hartman), 0 abstaining. E. CEB 00-07-063 Candace Martin 580 Georgia Avenue Longwood, FL 32750 Ms. Price read complaint of canvas carport erected without permit 05/28/99, to be corrected 06/04/99, second notice 04/26/00 to be corrected by 05/04/00. On 06/05/00 no change in situation. On 06/16/00 Mr. Martin telephoned to say the carport had been removed On inspection on 06/17/00 carport removed. Ernest Tolos brought discussion on the violation. Service made by Sgt. Dowda LPD on 07/14/00 received by Robert Martin. Ernest Tolos brought discussion on code cited on notification, 24-24.02, general regulations. Attorney Cliff Shepherd read the code, 24.02(e). Chairman asked Attorney Cliff Shepherd if there was a conflict between two citations one under 24-24.02 and building code 5-19. Cathy Price advised that the city is not requesting any fees or fines at this time. The respondents were not present. Laura Moehlenkmp made a motion to find respondent in violation of City Code 5-19 and that in order carport ever went back up that it would be a repeat violation. Joe Hamilton seconded motion. No discussion. Vote was 5 for, 1 against (Ernest Tolos), and 0 abstaining. F. CEB 00-07-064 Fertakis International Construction Co. Nicholas Fertakis, Owner 820 Seminole Avenue Longwood, FL 32750 P Cathy Price read complaint of property cited under Longwood City Code Chapter 12,12-2, subsection 1 which is high grass, subsection 2 which is miscellaneous trash, and section 101.6 of the standard housing code for maintenance of new and existing buildmgs. Also cited under City Code Section 5-19 work done without a permit but after checking with the Building Department the permit had been issued for the fence that was being erected at the time when the other things were cited. First citing on 04/05/00, letter sent 06/13/00 because nothing had been done about the high grass or maintenance on the building. Building not secured and windows broken, some windows boarded up but not very well On inspection on 07/17/00 building has been painted and grass has been mowed. Windows still broken. City asking for enclosing of windows so that they are aesthetically acceptable or replacement. Mr. Fertakis present. Mr. Fertakis testified that a permit was gotten, a neighbor called the city because of a personal problem with the fence. First notification 04/05/00. Mr. Fertakis advised there was no shed on the property. (Clarification from Ms. Price that the permit was for the fence; the shed was not a shed but a pump housing and was in error). Mr. Fertakis advised he was &st notified in May of 2000 and spoke with Ms. Price about the code violations and she said she would send him a letter. He was waiting for letter to be sent mlth specifications from city for repairs. Letter sent on O6/13/00) received O6/14/00, he went on O6/15/00 and removed trash, cleaned yard. Also applied for permit to make repairs and received permit 06/20/00. Mr. Fertakis advised he would repair windows. Wants police to do something about kids breaking windows. Chairman told Mr. Fertakis that he had made a lot of progress and that was the primary discussion. Attorney Cliff Shepherd questioned the P period for the repairs to be made. Mr. Fertakis testified he needs two months to replace windows with new windows and new doors. Lnable to build house because of permit and zoning. Mr. Fertakis advised that the structure is a double garage and that it used to be attached to the house next door. Mr. Fertakis advised the garage contains material for repairs of the unit. Cheryl Melvin motioned to close public hearing portion of meeting. Laura Moehlenkarnp seconded. All in favor. Ernest Tolos brought dscussion on question of shed Ms. Price advised all violations taken care of and Mr. Tolos reiterated that Mr.Fertakis would be working on windows. No motion was made. Chairman called for next case: G. CEB 00-07-065 Robert W. Moriarty 233 W. Palmetto Avenue Longwood, FL 32750 Cathy Price read complaint cited on Land Development Code 24-25.08 pool not secured as required, fence removed by property owner on east side, pool open and accessible to anyone. Cited on 06/30/00, to be complied with by 07/06/00. Property owner called Mr. Spak and said he cannot fix fence at this time. He applied for permit on 07/14/00 and picked up 07/17/00. There needs to be a self-closing latch latch on gate and no gaps of > 4" in fence. No fees or h e s requested by city at this time. City only asking for compliance. P Mr. Ivloriarty originally declined testimony and then decided to speak. He advised he is disappointed with the way his tax dollars are being spent.