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Special Magistrate_10-27-11_Min CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 OCTOBER 27, 2011 7:00,P.M. Present: Amy Goodblatt, Special Magistrate Also Present: Giffin Chumley, City Attorney Tim Cooper, Code Enforcement Supervisor Bonnie Howington, Code Enforcement Officer Brittany Kidd, Interim Code Enforcement Recording Secretary 1. CALL MEETING TO ORDER: Special Magistrate Goodblatt called the meeting to order at 7:00 p.m. 2. APPROVAL OF THE MINUTES FROM THE SEPTEMBER 22, 2011 HEARING: Special Magistrate Goodblatt proposed a revision to the Minutes of the September 22, 2011 minutes, which she subsequently withdrew based on the following. Number 7 on Reports -Case Updates states' that CEH 11 -05 -814 (820 West State Road 434) is withdrawn /complied; however, Were were ' other cases that night that were withdrawn /complied but that this case it to the agenda. Code Officer Howington replied that this particular case had come several months prior to and that's why we are not recalling it but it was on. a previous agenda and continued and they came into compliance. The City presented.a copy of the minutes and Special Magistrate signed them. 3. SPECIAL MAGISTRATES' EXPLANATION OF PROCEEDINGS: Special Magistrate Goodblatt explained the hearing process for the attendees. 4. ROLL CALL OF SCHEDULED CASES: Special Magistrate Goodblatt called off the scheduled cases to determine which Respondents were present. A Respondent for CEH 11 -08 -815 was present. CEH "11-09 - 820 has been withdrawn /complied. A Respondent for CEH 11 -10 -821 was present. There were no Respondents present for CEH 11 -10 -823. 5. SWEARING IN OF ALL WITNESSES: Special Magistrate Goodblatt swore in all witnesses. CEH 10 -27 -11 Page 1 of 6 CODE -ENFORCEMENT KEARING CRY-coai is5i6n 1:75 West Warren Avenue Longwood, FL 32750 6. PUBLIC HEARINGS: A. CEH 11 -08 -815 CC, Chap..86, 86 -82 Commercial Vehicle Parking (Continued from CC, Chap. 86, 86 -83 Boats, Trailers and Recreational 9/22/11 meeting)' Vehicle (RV) Parking KELSON, Micha_.Ile &. CAMPBELL, Mark 102 Temple Drive Longwood, FL 32750 Special Magistrate Goodblatt explained that she had received an email requesting a. continuance for this case. Michelle i(elson approached the stand. Kelson explained that she requested a public records check back on October 5, 2.011 and she received a response back from the City four days ago. She reduced her first request due to the amount of time it would take the City to gather all requested information and received a . response from the City on'October 26, 2011'letting her know that the records are ready to be reviewed. Kelson advised that one day's notice is insufficient for her to be able to review them. A continuance has been requested by Kelson in order to have time to review the records. Special Magistrate Goodblatt asked what the City's position was on this request for continuance. The City had no objection to the continuance request. Special Magistrate Goodblatt granted the continuance and advised that the next CEH will be Thursday, November 17, 2011 at 7:00pm due to the Thanksgiving holiday. Kelson advised she has tentatively scheduled an appointment with the City for Monday at 3:00pm to review the records. Special. Magistrate Goodblatt explained to Kelson that , she will receive a copy'of the to address on file. C. CEH 11 -10 -821 CC, Chap., 86, 86 -83 Boat, Trailer & RV Parking PYTLESKI, Alan & Stacy 1081 Sonoma Court Longwood,.FL 32750 Code Enforcement- Officer. Howington introduced herself and presented her case. She gave testimony that she has issued a total, of 8 Notices of Violation for CC, Chap. 86, 86- 83 Boats, Trailers and Recreational Vehicle. (RV) Parking noting that prior to this, the most recent NOV was in May of 2011. Code Officer Howington presented a package of photographs, along with a listing of when Alan Pytleski was cited. Special Magistrate Goodblatt entered the packet of photographs as well as the list of citing's into evidence. The.Respondent also received a copy of the items entered into evidence. Code Officer Howington issued a written Notice of Violation on 09/29/11 at 12:30pm to come into compliance within one hour. CO Howington delivered the Notice to Alex Pytleski_ At approximately'4:00prri the trailer was still sitting in the same place. On 10/02/11, CO. Howington observed the trailer still sitting in the front yard. A Notice of Hearing was served on Alan Pytleski on 10/11/11 at 1:45prn by Commander Dowda of the Longwood Police Department. The City requested.that the Respondent be found guilty of violating CC, Chap. 86, 86 -83 Boats, Trailers and Recreational Vehicle (RV) Parking. The City is also CEH 10 -27 -11 Page 2 of 6 ��NEORCEENT. :m "rnissi ®.Chambers i$y co i:7.5Mest.Warren Avenue Longwood, FL. 32750 requesting that an administrative fee of $350.00 be imposed and is to be paid within 30 days from the date of the receipt of Final Orders. Special Magistrate Good biatt� asked the City if all of the prior NOV's w8r6e 86 83 violation. CO Howington. advised that all NOV 's were for CC, Chap. Trailers and Recreational Vehicle. (.RV) Parking. Special Magistrate Goodblatt asked -why. this case was never brought.b.efore the Board before. CO Howington said that there was at least one or two times .prior that, she was going to bring this case to the Board;. . however, the violation was taken care of. CO Howington advised that she has spoken .to -the Respondents'and that they are aware of.the Code. Alan Pytleski spoke in reference to this case. Pytleski advised that the truck that pulls the trailer is his son's. He stated that the trailer is rather large and it is used for -work. The starter on the truck went out and the trailer cannot be moved without the truck as this is the only vehicle heavy duty. enough to move the trailer. Pytleski ordered a new starter for the truck on 09/30/11.and it did not come in until 10/03 /he NOV fr se ted receipts with these dates. Pytleski advised that he did no daughter Alex until the next day as she. is a special needs child and 'what you see one day, is not what you get.' . Special Magistrate Goodblatt entered the receipts into evidence. Special Magistrate Goodblatt asked Pytleski where the location is that the t is normally kept. Pytleski advised they have a lot in Oviedo 0 of Aloma Magistrate Goodblatt asked Pytleski if he contacted th thz trailer could receiv not be Hearing the advise them of the situation as to why Pytleski advised he did, but was told to just bring the evidence to the CEH. Code Officer Howington advised'Pytleski- tailed after he received his NOH, not after the last NOV was cited. Special Magistrate Goodblatt ruled that the Respondents hav viol fin C hap. 6 Sec. 86-83 Boats; Trailers and Recreational Vehicle (RV) Parking. The on the trailer being'parked,in the driveway at a residential area that was not properly garaged or screened: The property ~has been cited eight times previously for th same violation but has never been before Code Enforcement and ah an admire sttrat f fee of of guilt in this matter. it is ordered. that the Respondents pa 150.Q0 which is to.be paid within.30 days of receipt of the service of the Order. The. $ Respondents rn ust.remain -in. compliance with ordinances and regulations of the City of Longwood because any-future:vio.i.ations.may be considered repeat violation and : there is no notice or time to corne,into.compliance on those and may be cited with fines. up to $500 per day. Page 3 of 0 CEH 10 -27 -11 CODE ENFORCEMENT HEARING City commission Chambers 175 West.Warren Avenue Longwood, FL 32750 D. CEH 11 -10 -823 CC, Chap. 78, 78 -1 Private Use of Right of Way Charles A. Wright 582 Freeman Street Longwood, FL 32750 She introduced herself and pre sent ed -Code Enforcement Officer Howington -1 P ivate of gave testimony that this case involves a violation of CC, Chap , Ives a portable basketball goal that Streets and Other Public Right of Ways. This case invo placed is taken from the driveway of 582 Freeman Street and i nto I goal t h� the a there. Numerous pictures were taken to show the h into evidence. On 04/04/11 a Howington would like to submit these photographs complaint came into the City about the the res b n to tim adv se h mthatdhe0canno R obyn Winters went to the door and spoke to the ed he would move the goal in the street. The resident stat ty only o 0 find l the d goal 0 still in CO Winters went out to do a re- inspection of the property Y Hance the street. co left a written Notice of Violation to the door with a comp date of 04/07/11. Upon re- inspection n 04/07/1a 1 s again in the a st street. An o '24 the case was closed out. On 04/13/11 g hours to comply' st.icker.was placed on the basketball goal at that time .which gives the resident 24 hours to remove it, or the City can remove it. as back out in the 0 4reet1A r evealed the goal in the driveway. On 07/13/11 the goal NOV was issued and the resident was to come into compliance by 07/15/11. On 07/20/11 the goal was in the driveway. 08/23/11 the goal thinb24 h . i te n10 .8/27/11 and tagged with a '24 hour Notice. The goal was move the goal was in the street and posted as time CO Winters O w 0 as in the neighborhood' moved into the driveway. Thereafte r , she would check for the goal and found it to be in the driveway. On 09/18/11 the City received a voicemail that the goal was back out in the street. CO Winters went Based t o the the property, took pictures, and posted another 24 hour Notice' on the g oal . cont and t o occu the number of times the violation has occurredthe ResspondentCharlesA. Wright. on Hearing was prepared. The NOH was served on p 10/11/11. at 2''OOpm' by Commander Dowda of the Longwood Police Department. The pondent be found guilty of violating CC, Chap. 78, 78 -1 City requested that the Res Private se of Right of Way. The City is also requesting that an administrative fee of ' be imposed and is to be paid within 30 days from the date of the receipt_of $3v Final Orders: hat hat she has a Special Magistrate Goodblatt said tq . City ' ons interpretation of CC, pt p 78, the basketball goal is mobile. She asked if it is the, de l ey Chap. 78, 78 -1? She 78 -1., because the goal is mobile, for the City Attorn. The Code talks about no stated that maybe this is a question s-hed, fence, private use; :no person shall plant a tree or bush, or erect any bUildin g. f materials or structure. The word 'erect' is ed ou e looking at because the goal is something that's moved into the street Pale 4 of 6 CEH 10 -27 -11 CODE ENFORCEMENT FEARING City commission Chambers 175 West Warren Avenue Longwood, FL 32750 Joan Penkava then stands to speak in reference to this case. She resides at 585 Freeman Street which is located next door. She advised that this has been an on and off issue for years. The goal is often times set up blocking her driveway and her house. She has seen the goal fall over numerous times, which she finds is a danger to small children. Often times when the children play, the basketballs will come up into her yard and make contact with her vehicle as well as her home: She feels having the goal in the street is a liability. The goal has fallen and broken her mailbox twice. Special Magistrate Goodblatt now turns the floor over to City Attorney Giffin Chumley. Special Magistrate Goodblatt would like it be known for the record that the Respondent did not show up, even though he was served a NOH. CA Chumley stated that there are three sentences in this particular Code. He views the first sentence as more focused on the use of the street, with the second sentence be focused on the erection or planting of bushes or shrubbery, or erection of structures in the road. He feels that just because the structure is on wheels, given the broad scope of the provision that the placement of structures out in the street can be included in this Code. Special Magistrate Goodblatt re- emphasizes her input on the word 'erect' and its meaning. She advised that if she were to find that the Respondent is in violation, it would be based on the first sentence because she does not feel this is a structure that has been erected on any kind of property. CA Chumley stated that he feels the overall intent of the provision is to dissuade the public from appropriating for their own personal use to the extent that it excludes use of a public right of way. Special Magistrate Goodblatt ruled that the Respondents have violated CC, Chap. 78, 78- 1'Private Use of Right of Way. Special Magistrate Goodblatt let the record reflect that the Respondent did not appear although he was served properly with a Notice of this Hearing. It is ordered that the Respondents pay an administrative fee of $250.00 which is to be paid within 30 days of receipt of the service of the Order. The Order will be sent to the Respondent. This case is based on the unique situation and the testimony of the witness and that this has been on- going. 7. REPORTS -CASE UPDATES: None. 8, UNFINISHED BUSINESS: ' None. g. OLD BUSINESS: The Code Enforcement Hearing for the next month will be held Thursday, November 17, 2011. Page 5 of b CEH 10 -27 -11 C® ®F ENFORCEMENT HEARING City COMMiSSioh Chambers 175 West Warren Avenue Longwood, FL 32750 10. NEW BUSINESS: None. 11. ADJOURNMENT: Special Magistrate 600dblatt adjourned the meeting at 7:45pm. Amy G latt, Special Magistrate baflosw _ Brittany Kidd, Inter m Re ording Secretary CEH 10 -27 -11 Page 6 of 6