CEB_10-24-00_Min
City Commission Chambers 175 W. Warren Avenue Longwood, Florida MINUTES October 24,2000 Present: Robert Lomau, Chair Laura Moehlenkamp, Member Joe Harunan, Member Larry Moore, Member
Amy Goodblatt, Board Attorney Cathy Price, Code Compliance Inspector Dan Spak, Code Compliance Inspector Richard Taylor, City of Longwood Artorney Absent: Kevin Waters, Member Cheryl
Melvin, Member Ernie Tolos, Vice Chair 1. CALLMEETINGTOORDER Chair Bob Lornax called the meeting to order at: 7:05 p.m. 2. ROLLCALL. Ch~hairman Bob Lomu advised Ernie Tolos, Cheryl Melvin,
in to say they would not be in attendance. CODE ENFORCEMENT BOARD and K evin Waters had called 3. APPROVE MINUTES OF LAST MEETING -September 26,2000 Laura Moehlenkamp made a motion to
amend the minutes to correct Amy Goodblatt's name, Which was, misspelled Goldblatt. Joe Hamnan seconded motion. Vote was four In favor, O against, O abstaining. Chair Bob Lomm called
for first case: Respondents were sworn in. -k CEB CO-10-080 Michael D. Sc hutte 102 Beans Circle, Longwood, FL 32750
* City presented case originally cited by Officer Stewartson of the Longwood Police Deparunent on 08/11/00 for having an inopenble van in the driveway, the date to correct the violation
was 08/14/00. Violation was not corrected. Re-inspected on 08/l7/GO,O8/i9/CO, and 08/23/00. On 09/01/00 Mr. Schutte spoke with Code Officer Spak and requested an extension till 09/11/00.
On 09/11/00 nothing had been done. Mr. Schutte had bought a new van and was transferring tools from one van to another; he advised he needed more time. Extension was granted. On 09/18/00
nothing had been done. Dan Spak issued a 24-hour notice of noncompliance. On 10/06/00 nothing still was done. The case was scheduled for the board. The van still sits in the driveway.
The notice of hearing received 10/18/00 by Mr. Schutte's wife, Wendy Schutte and was delivered by Officer Jones of LPD. Lany Moore asked if the van was still there now and was told yes
by the city. Amy Goodblatt, Board Attorney asked how is the van inoperable by definition. Photo was introduced into evidence. City advised there was no tag on the vehicle. Dan Spak advised
the property owner had told him that the transmission was shot. kspondent was not at the meeting. City advised respondent had called Fire Marshall Gus Wonell and said he would not be
attenclng. Laura Moehlenkamp made the motion to close the public hearing. Seconded by Joe Hartman. Amy Goodblatt said motion has to be made with the time of violation to be corrected
by before g i g a fine. Laura Moehlenkamp made a motion based on the evidence she had seen and the testimonyshe had heard she moved to find the respondent gdty of violating Longwood
Land Development code, section 24-23.07 Case number 00-IGC80. In support of this motion she asked that the Board recognize that the respondent was warned and asked to move the van several
&s, and it never happened. If in one day he has not moved the van that the Board should fine him $200 a day, after a wek if it has not been moved it will be towed at the owner's expense.
Administrative fees of $25. Seconded by Joe Harunan. -Point of order by City of Longwood Attorney Taylor that the motion needs to be 3 day3 from receipt of order, amended by Laura Moehlenkamp
to read that way, Vote was four in favor, 0 against and O abstaining. The chairman called the second case: B. CEB 00-09-078: Wayne W. Doyle 1014 Second Place, Longwood, FL 32750 City
presented the case. Notice of violation issued 09/28/00, violation of City Code section 5-19, doing work without a permit. There was a four-foot chain link fence in the front yard, which
looked new, and the Building Department had not received a request for a permit. Checked with Building Dept. on 10/06/00 and 10/09/CO and no effort had been made to get a permit. On
lO/lO/CO notice of hearing was issued and it was received on 10/18/00, signed for by Nancy, sister of Mr. Doyle and delivered by Officer Jones of LPD. Laura Moehlenkamp asked about the
fence being the wrong height. Cathy Price adl-ised that fencing could not exceed 36 inches in the front yard. Even if it was a case of like replaced with like (chain link with chain
the code said that only a 36-inch fence ms allowed in the front yard and a permit would be required. Photo submitted into evidence. Laura hloehlenkamp asked what the city is recommending.
Artorney Taylor advised Cathyis correct. There is a limitation of 3 ft in front yard according to code, however the code is being reviewed by outside firm. Attorney Taylor has suggested
for the 3 ft. ,-limitation is amended but has not as of dm dare. This is being looked at and m y be changed. Artorney Taylor advised to put case on hold until commission decides what
they will allow. Attorney Goodblatt asked what is the permit fee? The city advised it is based on the evaluation
of the job. Attorney Taylor said probably $50. Attorney Goodblat asked if the city wished to proceed with this case or were they asking the Board to put the case on hold? Attorney Taylor
advised the city was giving the Board the option due to the changes beiug made to the Longwood City Code at this time. h o m e y Taylor advised it would be between 60 to 120 days before
the Board would know of the changes. Chairman L0rna.x appreciated the option because of codes being in somewhat of a flux Mr. Wayne W. Doyle testified the fence has been there a little
over 2 pars. When he took down the wrought iron fence to put in the new fence, he called and spoke with someone unknown at city hall. That person advised if he was taking down an old
fence and putting up new fence no permit was needed. Motion to close hearing by Laura Moehlenkamp and seconded by Lany Moore. All voted in favor. Attorney Taylor advised the Board to
make a ruling that the property owner was in violation as the code presently e-Gts, and that if the commission allom the fence within a six month period of time then he could keep fence
if not, then he would have to take it down within 30 days. Attorney Goodblatt advised the Board couldn't require him to pull a permit because it is impossible. Chairman Lorn wants to
give respondent 120 days, and revisit the case. The city would have to give an official notice of change of code and then Mr. Doyle would have to comply. A motion m s made by Laura Moehlenkamp
in case 00-10-08 1 City Code Violation Section 5-19, Mr. Doyle is charged to come into compliance within 30 days after being notified that the City of Longwood has decided on the new
code. Seconded by both Lany Moore and Joe Harunan. Vote was four in favor, 0 against and 0 abstaining. Chairman Lomax called the next case on the agenda. C CEB 00-10-082 Douglas and
Joyce Lanier, Property Owners of 910-942 Bryan Ct, Longwood, FL 32750 City presented the case of a duplex on Bryan Court owned by Mr. and Mrs. Lanier, which is a strange shaped piece
of property. When purchased the owners were not a m pr operty went over to the wood fence. Manager of property Mr. Hall contacted the city. Property has been mowed since notice of hearing
received. Mr. Hall testified he is managing property not axue of e-ant of property and the lawn people were unaware. They have been shown and told to mow on regular basis. Mr. Hall's
company is FLA-RENT, Inc. Motion to close hearing was made by Laura Moehlenkamp and seconded by Joe Hartman. AU in favor. Attorney Goodblatt noted that there was no receipt card for
the notice of violation; however since the property manager was at the meeting there is evidence that they were served. Joe Harunan made motion that based on the evidence that he had
seen and the testimony he had heard case 00-10-082 that the defendants be found guilty with no fine, just to be filed as repeat offender if it ever happens again. Vote was four in favor,
0 against and O abstaining. Chairman Lomav called the next case on the agenda. D. CEB 00-10-03 T.J. and Dorothy Dorothy Aleshe 1040 Wavedy Drive, Longwood, FL 32750 t. City presented
case on the property, wh~chis at the entrance of Tiberon Subdivision, off of EE Williamson Road. City has received complaints from next-door neighbor and several other
-people. At inspection was confronted by people from the neighborhood. Cired on 08/30/00 to be complied with on 09/08/00. This was in regards to high grass on the entire property, and
trash in front and a lot of outdoor storage in front and back Inspection done on 09/08/00 and front was approved but there was no access to back prd. Inspection done on OW 11/00 and
still no rear access. On 10/05/00, notice of violation was left regarding request for inspection of rear yard and that the front yard had to be momd again. City decided to bring to board
because of the very long time it took for the owner to comply with the front yrd violation correction. As of this date the front of property has been mowed. Originally cited for large
bushes overhanging sidewalk that was taken care of by the property owner. City needs access to backyard to see that it has been mowed and storage has been taken care of. Back is fenced
with 6 ft stockade fence. Mr. T.J. Aleshe testified he appreciated the city's position. He was cited cited for 3 city code violations, trash, h h grass and outdoor storage. He pled p
l t y to the high grass and advised that he bought a new lawn mower. Mr. Aleshe asked what was meant by trash that he was cited for, and outdoor storage? Which subsection was he being
cited for? Chairman Lom;ur advised it violates Longwood Development Code 24-25.13. Mr. Aleshe asked under what subsection it would fall. Atty. Goodblatt answered that it a;as the general
name of the chapter the subsections were numbered a through j and that Mr. Aleshe was cited generally as violating that section because there may be violations of more than one section,
it was not specified as to which specific sub section. Mr. Aleshe asked what specific storage there was on his property? City advised there were appliances and building material in the
back yard, photographs of the storage were eaten by a tins on the crty's computer and were not available. Mr. Aleshe advised there was no building material, only one w-ashmg machine.
Mr. Aleshe asked where does his backyard fall into city code? Atty, Goodblatt advised City Code is covered by Florida Statutes and the city code under land e usage includes the backyard.
Atty. Goodblatt advised that what she was hearing the city say was that the three violations Mr. Aleshe was being cited for in the front yard had been rectified and that the city was
unable to check the back>.& to see if there were any violations there. Arty. Taylor advised ).es that mu what the city was asking and that the city would not go into someone's backyard
without permission or a court order. Atty. Taylor said that storage of certain items in the backyard could cause breeding of rats, snakes and mosquitoes that would affect the health
safety and welfare of the city and particularly their neighbors. Mr. Aleshe said he had no qualms with city corning to inspect his backyard. Motion to close hearing from Laura Mohlenkamp
seconded by Larry Moore. All in favor. Qairman said in his view this person was in compliance and had agreed to have city come inspect the backyard. Motion was made by Laura Mohlenkarnp
to find T.J. and Dorothy Aleshe in violation of city code chapter 1212-21,1212-22 and land development code section 24-25.13. The city should inspect property front and back to make
sure it is in compliance withiu 30 days. Joe Hartman seconded motion. Vote was four in favor, 0 against and O abstaining. The Chairman called the next case: E. CEB C0-08-072 Ralph Lembrick,
Dir. And Reg. Agent and Steven P. Lembrick, Dir. For RSK Ventures, Inc. 235 Longwood Street, Longwood, FL 32750
* City brought this case to the board in August, and Mr. Lernbrick requested 45-dayextension to get papemark in order to begin site plan process. The Board granted the extension, they
came to report an update. General manager, John Hall 915 Vassar Drive, Eustis, Florida. Mr. Hall advised he is the general manager and construction manager for Mr. Lembrick He apologized
for not meeting the 45-day schedule. They are in the process of f i h i n g up the boundary survey on the property. Madden Engineers are at the meeting to report technical process. He
should have it all done to submit in January to planning and zoning board. Surveying takmg more time than anticipated because of old plats and the configuration of land. Environmental
people to be back out and St John will be involved. h4r. Hall advised he has been in touch with planning and that they were aware of the delays. The city advised they had had no communication
with plannmg. Scott Benson from Madden Engineering, 43 1 East Horatio, Maitland, Florida 3275 1 testified, property is multiple parcels purchased to bring all the parcels together, the
surveynrs had problems getting matchmg documentation. They are in the process of getting environmentalists to flag any wetlands or areas that may exist on the property-that is undetermined
at this time. The surveyors will also have to pick up those flags. They d have to consult with St. Johns to make sure that they will accept anywrtlands on the property. At that point
they would complete the cleaning process and plan on meeting schedule to be on commission on January7,2001. Motion to close the public hearing made by Laura Mohlenkamp and seconded by
Larry Himman. All in favor. Joe Hartman made a motion based on the evidence he had seen and the testimony he had heard from the respondents Case # 0008-072 to grant till January7 planning
meeting to have information ready. Lany Moore seconded motion. Vote was 4 in favor, 0 against and 0 abstaining. rn Arty. Taylor asked for a 15-minute break to confer with the Boards'
attorney on the last case. Chairman Lornax granted a 15-minute break Meeting called back to order 8:25 prn Chairman called the next case on the docket: F. CEB 00-08-075 Stephen and Cathy
Negrich, Property Owners of 350 Dog Track Road, Longwood, FL 32750 &. Taylor for the City of Longwood presented this case, which mas o r i ~ s c h e d u l e fdo r August. A 60-day extension
was asked for and given by the city. The owner w;1s vying to get a site plan and until the property was cleaned up the site plan could not be prepared. The city has noted very little
work done to clean property. The city is asking Board to proceed forward with the hearing this evening. There are numerous violations that exist on the propertythat are listed in the
notice of hearing on page 1 there are 6 different violations with the code the f i t one being site plan submittal requirements which could not be done till property mas cleaned up.
Photos showing condition of property from today and as far back as 1992 to be shown for the Board. This property is zoned commercial. The testimony and evidence which will be head will
show numerous uses on propeq which are industrial in nature and do not meet the commercial code. Numerous business being operated from this property as well as truck storage conuary
to city code. Prior to 1990 the Negrich's were operating a non-commercial enterprise on this property, which was grand fathered in as to their business only,md not to any expansion of
property with numerous businesses and truck storage on property. This property backs up to residential t. property Columbus Harbor to the rear, the Fagan family to the west of the property.
There are
-18-wheeler dump trucks backed up to fences of the residences. The trucks start their engines up at 3,4, and 5 a . n and idle the motors for long periods of time before leaving causing
diesel fumes, as well as the noise, banging of tailgates, and refrigerator truck with generator running all night long. None of these uses allowed at all and need to be ceased within
30 days. Numerous buildings constructed without permits. Another category of violation is trash and debris. These are breeding grounds for rats, snakes and mosquitoes and endanger the
health safety and welfare of the community and paniculady the residents of Columbus Harbor and the Fagan famdy. On the west side adjoining the Fagan property there are roofing tiles,
bricks, and drainpipe being stored. There is roll-off storage, big trailers right up next to fence of Fagan residence used for storage. There are also a diesel refueling truck, 2 eighteen
wheeler trailers only backed up to property, flat bed trailers, a water truck, a warning sign, adjoining Fagan property on west side. On the east side there is numerous tractor trailers,
a refrigerator truck, flat bed trailer with truck, disabled Bobcat, a disabled motor home, 3 -4 buildings which are not permitted, tires, carcasses of trucks, a bus. A lot of junk moved
from point A to point B but not removed from the property as required. Some progress was being made today but was too little too late. Negrichs' allowed staff members to go on the property
and take photos. The city as king as to each of major violations 1. Buildings, 2. Trucks and businesses, and 3. Debris and trash, because of severity they should be given 30 days to
comply or to impose $250 per day per each category of violation. Photos and testimony from residents and city staff will venfy violation. City requesting a m i d ad ministrative fine
of $1000.00, which is a small fraction of moneys spent, by city. Mr. Negrich made his opening statement. He has been on this property for over 20 );ears, he has run his business from
this property, only to park vehicles used in his business or to work on it. He would like that no one was on his property but himself but with the taxes which have gone from $1 100.CO
a par to over rn $5,000 a year, it is really difficult to paythe taxes and even maintain it. He has tried to be a friendly neighbor. Mr. Fagan has called at 3:00 a.m. because of dump
trucks leaving that is these peoples livelihood; they only park on the property. They are independent trucks. He has 4 ?4 acres, all dust no pavement. When Columbus Harbor umted variances
to put their fences closer to the property he did not opposed but when he tried to put a building on the property they turned against him and it was rejected by Columbus Harbor and the
city. No other business on property. He has never had an occupational license because his business is not run from there, there is no phone there but he does get his mail there. He has
had problems with trucks' window shot out with bb's. He has spent $8000 in dump fees cleaning this property. There has been a tremendous effort made to clean up the property and he has
no problem with cleaning up the property. There are buildmgs on the property that have been there since the begin* that have been moved for convenience. There was a retention pond he
filled in, and made property usable. He has done eveqdmg to comply. He put up a fence. He has been to the state and the city about the fuel tanks. He was not aware that he had to have
a permit from the City of Longwood for fuel tanks okayed by the state. The city is authorized at anytime to inspect his property and he has tried to work with the city on these problems.
Eveqrhing asked for today is cost prohibitive to his businesses and will put him out of business. He has been in this business for 30 );ears in Orlando and 20 years right here in Longwood.
City Code Enforcement Compliance Inspector Dan Spak showed photographs and made testimony on those photographs that were put into evidence. Code Enforcement Compliance Inspector Cathy
Price also gave testimony on some of the photographs. -4 brief 5-minute recess was given. ,m Meeting called back to order at 9:35 p.m. by Chairman Lorn. Mr. Edward J. Fagan of 730 Molly
Loop, Longwood, Fl., 32750 since 1946.
-Mr. Fagan's ~ropertyis west of the Negrich property. These problems have been going on for quite a few years. He observed a large amount of heavy equipment from Steve's business or
businesses he has leased property out to. The businesses he has leased property to come there to fuel their trucks. Diesel fuel smell prohibitive to going outdoors. The noise of trucks,
and the dust made by trucks all hours of the day. Noise keeps residents awake, noise of refrigerator units running, sand truck dumping loads, clanging of ta~lgatese, mpty dump trucks
stuck in sand, music and yellmg. They leave from 1:30 a.m there are so many different trucks going in and out it is a constant problem There is quite a bit from dust from trucks going
in and out, he can't breathe, diesel fumes in morning, can see blue haze in backyard from diesel fumes. At the northwest comer of property 18-wheeler runs for quite a few hours, black
smoke corning from it. He observed debris on the ~ r o ~ e rtot dya y. He has observed rodents, vermin, vermin, and snakes on borderline between his property and the Negrich property.
He has seen large rats bemeen 8-10 inches long. He objects to these activities, they are getting worse as time goes on. He wishes they would stop so the people in that neighborhood could
get some sleep. Mr. Wally Gmmngham resident of Columbus Harbor 721 Mendez Way since May 1998 testified. He lives on the no& side bordering area fenced in for storing piping. There is
a portable office within 1 foot of his fence at rear of property. He has never seen a portolet on the property. New fence erected in 1999. He is effected by noise and smoke in afternoons,
there are trucks left running for hours at a time, as Mr. Fagan said you cannot go outside because of the diesel smell. He recently observed condition of property this afternoon; that
the area attempted to clean up where retention pond was has been leveled off, but lean to close to his property and various tires and oilcans have not been cleaned up. He observed tractors
and trailers backed up to his property and neighbors fences. CI Cindy Seda of 720 Mendez Way since 199 1 testified. She had a licensed child care in her home at one time. She was unable
to keep windows open in home because of diesel fumes. Trucks parked 1 foot from her fence and the fence is 8 ft from her house. The fumes are coming into her home. Unable to take children
outside because of fumes. She bought a building and has moved her childcare. The trucks keep her awake at night and her daughter, they are in and out at all hours. Trucks running for
hours. Cul de sac fi with fumes. Daughter is six, unable to take her outside. Cases on fde with LPD. Dirt and sand prohibits use of lanai, comes into screen. She is now in process of
closing it in. She has been this fighting problem for 9 yvars. She doesn't thinkMr. Negrich should be given another 30 days. She doesn't feel she should have to put up with this hazard
to health and well being for her family and neighbors. She took photographs that were submitted into evidence. There are batteries, oilcans, tires and junk on the property. There was
a buildmg where some men were actually living. She had to call police several times to break up fights and report noise. She called the EPA about oil spilling from trucks and they came
out and talked to Mr. Negrich about cleaning it up but it is now going on again. Rick Knight of 141 Columbus Circle testified that the trucks could be heard in his neighborhood. He has
lived there since 1985 or 86. On a recent Sunday morning he was woken up at j:00 a.m from the m k s banging. He smlls the fumes d e n he is m;rlldng his dog in the neighborhood. Mr.
Negrich testified that his business was there long before the three houses were built. Nothing has changed since the day he brought the property. He agrees that the trash has to go.
He has been through eveqding with the EPA and there is no problem with contaminated waste. No business has been put on there that is not used by him In his eps grand fathered meant the
business that has been done since October 1992. Mr. Negrich has a countyoccupational license ~r for his business. AT. Taylor showed a BellSouth Phone Company ad that shows Negrich Trucking
at the dog track address. Mr. Negrich advised he never placed that ad. Ads -were placed in evidence.
m Gty summarized their case. Atty. Taylor advised the Board saw all the evidence was seen. Mr. Negrich has been candid and honest and admitted that he is violating city code. Because
of economics he has leased to Aerial and Underground, and Leffler Trucking have been leased space at his property, and they have been operating from that propeny with or without a business
license. The trucks are operating contrary to Longmod City Code. The testimony of effects on h-es of residents WQS heard. These people have invested a lot of money in their homes. Property
values impacted by business. This action is long overdue. It is the Boards dutyto rake care of this problem now. City requesting $250 daily fine, proposed r~~;~.dmaus mto three categories.
The respondent will need 30 da)s to move trucks. The respondent should be given a 3Gday period to submit site plan and get permits for structures. If no pexmit is allowed on the s m
s tha t they be removed within 30 days of being denied permit. A motion was made by Laura hiohlenkamp to close the public hearing and seconded by Larry Moore. All in favor. A motion
was made by Laura Mohlenkarnp dealing with violations land development codes section 24-94, city code section 5-19, land development code article 5, land development code section 24
7 1 .C4, land development code table 24-2, and also 12-2 and land development code table 24-6 and concerning multiple structures without buildmg permits or site plan within 30 day must
apply for permits if denied said structures should be removed and after 30 days if unlawful structures still there they should be fined $250 per day per structure. Larry Moore seconded
motion. The motion was amended to $250 to all structures per day. The motion was amended to finding of fact that through photograph it was found violations of buildings leaning next
to fence. Larry Moore seconded the amendments. Vote was 4 in favor, 0 against and 0 abstainiag. All voted in favor of this first part of the motion. The second motion was made by Laura
Mohlenkamp on the violation of land development codes ~r table 24-2, land development codes 24-23.07,24-71.03,24-71.05 all doing with the unlicensed vehicles and that all trucks removed
that are not in compliance with the zoning, in consistent with G3 zoning, or grand fathered in either running or not running must be moved from 30 day5 from service of notice or $250
fine per vehicle per day. On finding of photographs where the vehicles were seen and the admission that Mr. Negrich has leased property to the vehicles. All uuck be $250 fine per truck
per day of trucks being on property unless Mr. Negrich has title to them; including trailers and heavy equipment also, running or non-running vehicles. Motion FCZ amended to $250 fine
per day. Laura Mohlenkamp made a motion on the third part of violation land development code table 24-2 and city code chapter 12-12-2 including trash, debris, k h grass, and outdoor
stomge, finding of fact that this does exist from photos and testimony, 30 da)s after service if everydug, htgh gms, tmh and debris is not cleaned up a fine of $250 a day. This is amended
to include tires and the junk RV also. Larry Moore seconded the motion. Vote was 4 in favor, O against and O abstaining. Laura hiohlenkamp made a motion on the fourth part of the violation
city code chapter 12-2 uneccessary noises and vib~-ationsd, isagreeable odors, dense smoke, noxious fumes in unreasonable quantities, finding of fact in testimony heard after 30 days
after service of final order cease and desist or $250 fine per day. Joe Harunan seconded motion. Vote m-as 4 in favors, 0 against and O abstaining. There ~ c a sa global motion was made
by Laura Mohlenkamp that none of the fines be made cumulative, duplicative for the same offense. LamyMoore seconded motion. hll in favor. Vote was 4 in favor, 0 against and 0 abstaining.
Motion was made byhwa Mohlenkamp that an administrative fee of SlCGO is being.asked for by c. city due to the hours spent on the case. Lx~yMoorese conded motion. Vote was 4 m favor,
o against and 0 abstaini
ng. -OLD BUSINESS: none NEW BUSINESS: The Chairman would like Cathyor someone in city to furnish a list of the names of the people on board for at work and at home. In order to venfy
that there would be a quorum. Butch Bundy commended everyone on his or her work on a very complicated case. ADJOURNMENT: 10:47 p.m ~e rordmgSe cretary