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CEB_09-26-00_Min CODE ENFORCEMENT BOARD Gry Commission Chamber; 175 W. Wanen Avenue Longwood, Florida MINUTES September 26,2000 Present: Robert Lomau, Chair Ernie Tolos, Vice Chair Laura Moe hlenkamp, hIember Joe Harman, Member Larry Moore, Member Amy Goodblaq Board Attorney Cathy Price, Code Compliance Inspector Dan Spak, Code Compliance Lnspector Richard Taylor, Gty of Longwood Attorney Absent: Kevin Waters, Member Cheryl Melvin, Member 1. CALLMEETINGTOORDER Chair Bob Lomax called the meeting to order at: 7G5 p.m. 2. ROLLCALL. 3. APPROVE MINUTES OF LAST hEETING -August 22,2000 A motion was mde by Ernie Tolos and seconded by Laura Moeblenh to approve the minutes of the August 22,20CO meeting. Attorney Amy Goodblatt asked that the case on pages 3 and 4 (CEB CQ-08-071) be clarified as to the fine which should ad 5100 fine for each of 5 days and is going to be a 3500 fine. That is what her notes reflected and she wanted to make that clear in the minutes and would the board members be in agreement with her. (&innan Bob Lomax said that he recalled it that way and would Mr. Tolos like to make an amendment. Ernie Tolos made an amendment that the minutes reflect that change. Seconded by Laura Moehlenkamp. No further discussion. 4. PUBLIC H E W G S : Chair Bob Lorna.-called for fmt case: CEB 00-08-073: 1. John and Carol Montaldo 164 Hope Street, Longwood, FL 32750 C h k a Bob Lorna.. requested before hearings were started thar an).one tesui+.ng at the rmeting be saom in. homey Goodblatt clarified that memt anyme who on either side, aimmes. All were sworn in by Gty Attorney Richard Taylor. Attorney Taylor advised the chalm?n that the lv1onddo's had gonen an engineer and rere working with the city planner. The city requests to continue till next month to give them an opporrunityto go fornard and complete their application. Chatman Lomav asked the board for a motion to continue the Montaldo case until next month. Ernie Tolos made the modon to continue the Montaldo case till the next regularly scheduled m e e ~ ign Onober, seconded by Laura Moehlenkamp. homey Goodblatt made mention to the board that the case had already been continued from the last meeting. Ernie Tolos advised that the case was continued last month because of late service of notice. Cathy Price advised that the planning department had specific submittal dates in the beginning of the month and because the the meeting ~ c a sat the end of August they missed the September submittal date, so they would not be able to submit until the 5' of October. Letter introduced by homey Taylor, from Bentky Architects representing the Montaldos. No further discussion. The vote was nnanimous, with 5 for, O against and 0 abstaining. Chatman Lomav called the second case: CEB OEC9-076 2. Frank Morello I11 & Tonya Buttice E5 Shadow Trail, Longwood, FL 32750 City introduced case. On 07/20/00 Mr. hforello ttas issued a notice of violadon for a l q e boat parked in the driveway and obstructing the sidewalk. On 07/21/60 the boat had been moved so it no longer obsuucted the s i d e d but at that time Mr. Morello requested a Zweek extension to park the boat in the side yard and screen i t On 08/04/00 and O8/17/CO boat aas still there. On C8/19/CO there %as a call from the homeomer that he was out of town and the fence should be completed by08/23/C0. On 08/23/00 boat was still there and the case was scheduled to go before the Code Enforcement Board. The notice of hearing was issued on O9/12/00, received on C9/13/CO and on 09/14/CO the property omer called to advise thar the boat had been moved. An inspection as made on 09/14/00 and the boat had been moved from the property. Mr. Morello had a problem because of all the rain and new landscaping but because of the time lapse from the fvst notice, the city would like to have the board hear the case and make a derermination should it happen again. Chairman asked if the city incurred fees to be recovered Mr. Morrello testified that it was as the code compliance inspector had said the boat w;ts removed bur not in a timely fashion based on workload. The boat is gone and has been relocated a d is now in storage. The original plan was to put it on the side of the house with a fenced gate md is still the plan but because of rain has not been done. Ms. Price generously explained specifications to him that the fence has to be 6 to 8 feet high. When the bcat comes back it d be behind .I fence. Ernie Toios asked Ms. Price if the notice of violation was issued on 07/2C/CO and when mas senice made. Mi. Price advised Sg. Robem of Longwood PD gave notice of hearing ~t 456 p.m. on C9/13/CO. Joe Hamnan made a motion to close the hearing, which ~case conded by Laura Moehlenkamp. ,All in favor. Ernie Tolos stated there was not much to discuss, the city got what theywanted, boat -3 moved; he thought a +ty, no penalty repeat offender. ChaLman asked if Mr. Tolos mould put chat in a motion. Mr. Tolos stated yes unless anyone else Ftished to discuss ~~~. Chairman sated he a d d consider that a motion by Mr. Tolos and it aas seconded by Lam Moehlenkamp. Vote was 5 in favor, O against and 0 abstaining. QaGman Lorna called the next case on the agenda: CEB CC-69-377: 3. Daniel and Angela Solomon Ej Shadow Tnil, L O ~ O On~ ,32 750 City advised notice pas given on 07/20/CO for a boat and a jet ski. 07/31/CO the jet ski had been removed but the boat was still there and no contact had been made to code enforcement bythe o-rs. On G8/01/GO inspection the boat was gone, on inspection on ~ 8 ~/O /COb oat there again, on inspection O8/17/CO the boat mas gone and on G8/19/CO inspection it was gone. Code then assumed the propertywas in compliance. On 08/23/~0 inspection the boat mas back Code did not cite because if the boat mas there for less than 24 hn it was not a city code violation. On 08/25/00 inspection the boat was still there, at that drzle it was scheduled for the B o d The notice of hearing was issued 09/12/~O received on 69/13/00. City is not requesting administrative fees or penalties at this time but because there had been no communication and because it took so long to resolve it that code wmted to bring it to the Board. On O9/1VCO after service --as made by the police officer Mr. Solomon left a message on voice mail that boat was in compliance and did he have to appear at hearing but because of stipulation that code is not allowed contact with person once they have been served, Ms. Price did not return his call. That was the ody contact with the property owner. Ernie Tolos asked d e n notice of violation w-as issued, Ms. Price advised there was not another notice of violation done, it was a continuance of the original notice done on 08/20/CO and never been complied with. Attorney Amy Goodblatt asked if boat is now gone. Ms. Price advised ps, it is now gone. Mr. Solomon testified that he could not add anyding to that except that the boat mas there on 09/13/CO being loaded for vacation. They came back on G9/21/CO and the boat was there that day. It is his son's boat and was taken by his son to a friend's house. When they decide to go fishing they bring the boat over to load the boat up and then go fishing. It is gone now. Chairman asked in this case it muld not be there for more than a 2.l-hour period and the Solomon's advised it muld not. Chairman asked if there mere any questions for the Solomon's. A rnotion was made to close the public hearing byErnie Tolos and seconded by Lam Moehlenkamp. All mere in favor. h motion was made by Erne Tolos that based on the evidence he had seen and the testimony he had heard he moved to find the defendant guilty of violating Longwood City Development Code 2423.09, as a matter of law in supporc of this motion he asked the Board to fmd these facts occwd, panicipant upon which this violation is based Senice of the initial notificaion a-as proprly made by delivery by Longwood Police Department on C9/l3/CO. He further moved that no fine or penalty be imposed at this rime however in the event rhat the violation reoccurs a d the respondent be mated as repeat offenders, at rhat time accodq to Florida Stature 161 in Longwood Gty Development Code A fine of SlCG per day not to exceed SXC dl continue each and every day the violation occun h e r the code inspector has found the violadon. No ~dminismcivec osts. Seconded by Lura Moehlenkamp. No discussion. Vote was J in favor, 0 a@r and O abstaining. CEB C0-09-078: 4. Robert C and Tyn L. Dawson 119 Beam Circle, Longwood, FL 32750 Grry~resenredth e case that this property m u c ited on C8/19/C0 and there mas an inopenble vehicle in &-e~ay and one parked on the smet On C8/?3/" kPecdon, the car that b d ken ~a rkedo n the street aas gone; the other car was still in driveway. On inspection on 08/25/00 the car mas stdl in the d-rbe-y. Code spoke with property owner on 08/19/00 and he said the vehicle a d d be gone. He wz told the process needed to be expedited but it jut seemed as though the t h e element wasn't important. Inspection on 09/01/CO and Dan Spak issued a 24 notice of noncompliance, the propercy owners had 24 hours to comply or it a d d be scheduled for the b o d Because it was a weekend, code could not inspea the property again u d 09 /Cj/CO, and the car was still there, it was scheduled for the board at that time. On 09/15/~0, Mr. Damson went in and spoke to Chief a p m a n and told him that the El Gmino wu now stored in the g q e , rhar aas mm mm da?~& r he received the notice of hearing. Ory not as+ for any fines bur because of the time and Mr. Dawson has been cited before for inoperable vehicles there seems to be a lot of vehicles being mrked on there. He and his son mrk on them but it seems to be an on-ping thing. A photo mas projected for the Board and Mr. Tolos asked if that was the vehicle, Ms. Price said no that was not the vehicle in question, the vehicle was an El-Camino. homey Amy Goodblan asked if the vehicle ~ t a sgo ne when Mr. Damon spoke with the Chief on 09/15/CO and his. Price replied p. Mr. Tolos asked if it was gone last time code checked The Chief or Dan Spak checked on the 15" and it war c o n f i i d that the car aas no longer stored in the driveway. Chairman asked for further questions. Mr. Tolos asked about a boat trailer, Mi. Price advised there was a trailer there but it was moved nght away so that was not an issue. Mr. Damon did not appear before the Board. A motion was made to close the hearing by Emie Tolos and seconded by Laura Moehlenhq. AIl were in favor. Ernie Tolos made a motion based on the evidence he had seen and the testimony he had heard to find the respondent guilty of violating Longwood City Development Cock section 24-23.07 inoperable vehicle, as a mner of law in support of this motion he asked the board to God these facts occurred El-Camino mas ~a r k e din the drivemay inoperable; service of initial notification was made on 09/01/CO as a notice of non-compliance by Mr. Sp& code enforcement officer, service of hearing notice was made on ~9/13/~OH. e further moved that no fine or penalty be imposed at this time hom-ever in the event that the violation reoccurs the respondent be treated as repeat offender, at that time upon notice of hearing accordrng to Florida Statute 162 in Longwood City Development Code a fme of SlCO per day be imposed and will continue each and every day the violation occur after code ins~ectionb as found violation. No adminlmtive costs at this dme. Motion was seconded by Laura Moehlenkamp ,borneyXmy Goodblan mas a little concerned about the motion, because she thought Mr. Tolos Lnposed a S lCO pendtv, but the board already said respondent -as in compliance and mas it if he ma s a repeat offender here mas a SIC0 ~enalty?h L. Tolos said p s if he ma s 1 repea offender. .borney Goodblan questioned if the Board mu finding respondent in compliance but if it happens again there is a SlCC fme, he cannot be found a repeat offender till he is brought back to the board ds a repeat offender. Ernie Tolos said he mould cake that pan out. Attorney Goodblatc advised respondent could only be fined on an inid violation if he doesn't come into compliance by a cerrain date, penalty cannot be set now. ChaLman asked if the previous case be re-opened and modified because it was worded the same way. Attorney Goodblan said it is not A problem if the Board mants to say if the smx violation reoccurs but if he has mother w that shoms up, the Board could not impose A h e f or rhat violation. Emie Tolos ~dvisedth at what was meant in the motion of the same specific car was in violaiion again a f i e muld be imposed. Chairman said the motion muld remain. Vote was 5 in favor, 0 agmt, and O abstaining. CE B CO-C9-079 5. Carmen L. Bassallo 1C9 Hamlin Court South, Longwood, FL. 32750 The ciry~resentedth at the propertywas cited for a boat in the driveway on 08/15/CO. On 08/22/~0, C8/23/CO, and 08/25/CO inspections the boat was still there. On C9/01/CO a 2+hour notice of non-compliance was issued and since it w-as a weekend the propertypz not checked until 09/05/~0 and the boat was still parked in the driveway. The property owner had made no contact with the city. On G9/12/W notice of hearing issued, received C9/13/c0 and on C9/14/~0 hlrs. Bassallo called the code office and was told byMs. Price that she had not received a 24 hr. notice but a hearing notice and that the case could not be discussed at this b e . Chairman asked if property had been inspected to see if the boat had been removed. Code advised yes, the property has been checked Notice Notice service was made on 09/14/00 by Ofc. Burkshire Longwood Police Dept. at 9M p.m. Emie Tolos asked if the boat was on a trailer and code advised p. &men Bassallo testified that the code inspector m'ds correct, her husband was out of town on business in Georgia and there was no one to move the boat. She was out of state because of death in the familyand that is why she never called. She remembers the second time the code inspector came to her house and that she was going to have the boat moved that weekend because her husband was coming back but they went out of town because of the deaths in the family. That is why this whole ordeal has been frustrating for her now. She had never had problem before. Laura Moehlenkamp asked if the boat had now been moved Mrs. Bassallo advised yes the boat has been moved Motion to close the public hearing was made by Laura Moehlenkamp, seconded by Ernie Tolos. All were in favor. There was no discussion. Ernie Tolos made a motion that based on the evidence he had seen and the testimony he had heard to find the respondent guilty of violating Longwood Land Development Code section 24-23-69, as a matter of law in support of this motion he asked the board to frnd these facts occurred that there was a boat in the driveway of the Bassallo residence on O8/15/00. Notice of violation issued on 09/01/CO, 24 hr. notice of non-compliance was issued and on O9/W C O notice of hearing wzs delivered by the Longwood Police Deparunent. He further moved that no fine or penalty be imposed at this time, however in the event that the violation reoccurs he moved that the respondent be mated as a repeat offender. Ar that time upon notice of hearing according to Florida Statute 162 in Longmod Development Code a fine of 9100 per day on the same boat being in that drive~ayd be imposed and will continue each and every day the violation occur after code inspection has found violation. No administrative costs. Laura Moehlenkamp seconded motion. Vote mas 5 in favor, O against, O absraiuhg. OLD BLSIXESS: Xone XEW BCSINESS: Emie Tolos had new business, he advised CathyPrice that his LDC needed updating +nd did she have my idea when the board -auld be getting those updates. He also had the old cicy code with changes up to 40. homey Goodblan: advised the code changes had gone past 1C. Chief Chapman spoke about eveqmne suffering from same problem aith the LDC That the would be referred to proper people which he thought would be the City Clerk to get updates from their office. Chief advised that his depamnent did not have the new changes either. Chief advised m mwer would be given by next meting. .homey Goodblaa had not received