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Special Magistrate_11-17-11_Min CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 NOVEMBER 17, 2011 7:00 P.M. Present: Amy Goodblatt, Special Magistrate Also Present: Gayle Owens, 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 OCTOBER 27, 2011 HEARING: Special Magistrate Goodblatt approved the Minutes of the October 27, 2011 meeting. 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 CEH 11 -11 -824 has been withdrawn /complied. A Respondent for CEH 11 -11 -825 was present. A Respondent for CEH 11 -11 -827 was present. 5. SWEARING IN OF ALL WITNESSES: Special Magistrate Goodblatt swore in all witnesses. CEH 11 -17 -11 Page 1 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 6. PUBLIC HEARINGS: A. CE:H 11 -08 -815 CC, Chap. 86, 86 -82 Commercial Vehicle Parking (Continued from CC; Chap. 86, 86 -83 Boats, Trailers and Recreational 10/27/11 meeting) Vehicle (RV) Parking KELSON, Michelle & CAMPBELL, Mark 102 Temple Drive Longwood, FL 32750 Code Enforcement Officer Howington introduced herself and presented her case. She gave testimony that this case has been continued a couple of times. CEO Howington advised this case involves the violation of two City codes. The first being CC, Chap. 86, 86 -83 Boats, Trailers and Recreational Vehicle (RV) Parking and CC, Chap. 86, 86 -82 Commercial Vehicle Parking. On 05/01/11 CEO Howington testified she observed Mr. Campbell's pickup truck and attached trailer parked across the street from his residence. Upon re- inspection that day, the truck and trailer were still parked in that location, at which time she issued a Notice of Violation. CEO Howington advised she would like to submit into evidence the same packet of pictures that were previously submitted into evidence as well as a list of the 15 times that the Respondents were cited for CC, Chap. 86, 86-83 Boats, Trailers and Recreational Vehicle (RV) Parking. Generally after the Respondent is cited, the truck /trailer will be gone for approximately three weeks to one month and then slowly begin to re- appear at the residence. After being cited on 05/01/11, the truck /trailer was not seen again until 05/15/11. Multiple re- inspections on 05/24/11, 06/12/11, 06/14/11, 07/17/11, 07/18/11, 07/22/11 and 08/03/11 showed that the truck and trailer were present at the residence and compliance was not met. A Notice of Hearing was served on Mark Campbell on 11/03/11 by Corporal Travis Grimm of the Longwood Police Department. An Affidavit of Service was completed and placed in the file. CEO Howington also wanted to add that the Respondents were brought before the Code Enforcement Board in November of 2007 for violating CC, Chap. 86, 86 -82 Commercial Vehicle Parking. At that time, they were found guilty; however, when the NOV was issued in this case, she did not include that information on the Notice, so therefore she could not present the case as a repeat violation. The City requested that the Respondent be found guilty of violating CC, Chap. 86, 86 -82 Commercial Vehicle Parking and CC, Chap. 86, 86- 83 Boats, Trailers and Recreational Vehicle (RV) Parking. The City is also requesting an administrative fee of $350.00 to be paid within 30 days from the date of the receipt of Final Orders. CEH 11 -17 -11 Page 2 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Special Magistrate Goodblatt asked if the Respondent had any questions for the City. Special Magistrate Goodblatt advised she did not have any questions for the City. Michelle Kelson approached the stand and began asking CEO Howington questions. Kelson asked CEO Howington if she presented several dates to which she observed the truck and trailer at the residence, to which Howington advised yes. Kelson asked if on any of the dates that she noticed the truck /trailer at the residence, if Howington knew the truck and trailer were continuously parked from 10:47 am to 6 :00 pm. CEO Howington advised she did not. Kelson asked several similar questions in regards to times the truck /trailer was seen at the residence. Kelson asked questions about Russ Cohen. She then asked questions about how many times a day CEO Howington drives by the Respondent's residence. Kelson asked what the definition of a commercial vehicle was, which was then explained by CEO Howington with a correction made by Gayle Owens. Kelson asked what public service announcements are exempt from the City Code. Kelson advised she would like to present her case. Special Magistrate Goodblatt asked if the City had any additional witnesses, to which they replied no. Michelle Kelson spoke in reference to this case. She was representing herself as well as Mark Campbell. Kelson advised that the City has no proof that the truck /trailer continuously sit at the residence. Kelson said the pictures that the City has provided as evidence do not indicate a time to which the picture was taken, nor do they identify the length of time the vehicle has been sitting there. It is Kelson's view that CEO Howington's interpretation of CC, Chap. 86, 86 -82 Commercial Vehicle Parking is improper, inadequate and incorrect. Kelson testified Mr. Campbell is a small time business owner in which he uses the same truck for his business and personal use. In November 2007 when Mr. Campbell was found guilty for violating CC, Chap. 86, 86 -82 Commercial Vehicle Parking, he changed the stickering on the vehicle based on the recommendations of Russ Cohen. Kelson stated that they were told that public safety announcements are exempt from the City Code under Sign Regulations 6.3.2.C. Mark Campbell was under the impression that he had permission to have 'Stay Alert, Motorcycles Are Everywhere' public service announcement on his truck in December 2007. Kelson entered a photo of Mr. Campbell's truck into evidence. Kelson believes that they are not in violation of any City Code and asked they not be fined or named repeat violators. Kelson also asked for the City to give them guidelines as to when the truck is allowed to be at the residence as well as what he is allowed to have on the side of his vehicle. CEFI 11 -17 -11 Page 3 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Special Magistrate Goodblatt asked Kelson if she had a copy of the ordinance or statute in which Kelson was referring to about signage. Kelson provided the copy to .Special Magistrate Goodblatt for review. SM Goodblatt advised so the record reflects 6.3.2 Sign Regulations, Exempt Signs, Signs of the following categories, and the listed operations pertaining to signs shall not require the issuance of permits, provided such signs and operations conform with provisions contained herein, etc. Subsection C non- advertising signs necessary to promote health, safety, and welfare and other regulatory traffic controlled directional signs, also exempt, as are public from having to obtain permits as in sub K, public warning signs to indicate but not limited to the dangers trespassing, swimming, animals or similar hazards, not to exceed four feet. SM Goodblatt asked Kelson if she subpoenaed Russ Cohen to the meeting. Kelson advised no, as she was hoping that it wasn't necessary. City Attorney Gayle Owens advised she had some questions on behalf of the City. CA Owens asked if there was more signage than just 'stay alert motorcycles are everywhere.' Kelson advised yes. Kelson advised the signage on the door of the truck is the name of their business. Kelson stated the truck is a display of an advertisement as well as a public safety announcement. CA Owens asked if Mr. Campbell has an occupational license to run the business from the house to which Kelson advised yes. CEO Howington asked if when the business license was received for E -Tow, if it was to operate an office facility only. Kelson stated she was unsure. Special Magistrate Goodblatt advised that she would give both sides a chance to sum up their arguments. City Attorney Owens stated that this is a violation of Commercial Vehicle Parking. The vehicle has more than six square footage of signage on it. Commercial vehicles may be parked at a residence, but only while providing a service to that residence. Michelle Kelson advised that she is perplexed as to what the allegations against her and Mr. Campbell are at this point. Her argument is that they believed they were in compliance since December of 2007 based on the recommendations of Russ Cohen. Special Magistrate Goodblatt stated that for the record, this is the third time this case has been scheduled for hearing. It was made clear in the first hearing when a continuance was requested that if the parties wanted to procure Russ Cohen to CEH 11 -17 -11 Page 4 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 testify, that they could bring him. Everyone has had ample opportunity to bring in evidence regarding that point. SM Goodblatt's reading of the Code is that the definition of a commercial vehicle does not discriminate as to the contents of the signage. Any signage qualifies under that statute and that the section cited 6.3.2 on the sign provisions is that it is whether or not you have to apply for a permit. There are no allegations before Code Enforcement that there was anyone applying for a permit for the vehicle. A sign is a sign and a distinction is intentionally not made in this section. A public service announcement specifically is not exempt from the signage requirements for the Code. Whether or not this is a public service announcement, it's not set forth in the Code that you can have a public service announcement that would exempt this from being a commercial vehicle. The finding will be that a commercial vehicle as defined by the Code is having more than six square foot of signage per vehicle side, weigh more than two and a half tons, and was parked at the cited property on the street past the date set for compliance. SM Goodblatt also found that a trailer was parked at the cited property which was not properly garaged or screened on the side or rear yard, past the date set for compliance. There have been fifteen prior citations at this site for the trailer violation only. If the vehicle is parked there and not provicling a service or delivering to this residence, it needs to be in a garage, side or rear yard, properly screened in accordance with the Code for any period of time. 'The Respondents are to pay an administrative cost of $350 within 30 days of service of the Final Orders. A copy of this Order will be served upon the Respondents. C. CEH 11 -11 -825 CC, Chap. 58, 58 -192 Temporary Use Permit. American Industrial Center IX /Crossfit Evolution 830 South CR 427, # 182 Longwood, FL 32750 Code Enforcement Officer Howington introduced herself and presented her case. She gave testimony that this case violates CC, Chap. 58, 58 -192 Temporary Use Permit. The Respondents are the property owners American Industrial Center IX with Daniel J. Woods being the registered agent and Crossfit Evolution being the tenant and Monique Ames being the registered agent. On 10/21/11 the fire marshal advised CEO Howington about a large event being held at this location. A special events permit had not been issued. A Notice of Violation was issued on 10/21/11 at approximately 6:00 pm for violating CC, Chap. 58, 58 -192 Temporary Use Permit, was given to Monique Ames and needed to be in compliance by 7:00 pm. Code Officer Howington presented a package of photographs. Special Magistrate Goodblatt entered the packet of photographs into evidence. The CEI-I 11 -17 -11 Page 5 of 10 CODE ENFORCEMENT WEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Respondent also received a copy of the photographs entered into evidence. CEO Howington advised she spoke with the owner of Crossfit Evolution and Monique Ames who is the registered agent for Crossfit. On the bottom of the NOV, a note was made that the event must cease and desist. Ames did admit to CEO Howington that they had the event planned for some time and the management had informed her that she needed to contact the City in reference to obtaining a permit. A Notice of Hearing was served on the owner of Crossfit Evolution on 11/03/11 at 7:48 pm by Corporal Grimm of the Longwood Police Department. A Notice of Hearing was also served on Kathy Adkins on 11/04/11 at 8:43 am by Officer Racine of the Longwood Police Department. The City requested that the Respondent be found guilty of violating CC, Chap. 58, 58 -192 Temporary Use Permit. Due to the irreversible nature of this violation, the City is also requesting that a fine be imposed in the amount of $200 as well as an administrative fee of $350.00 be imposed to be paid within 30 days from the date of the receipt of Final Orders. Special Magistrate Goodblatt asked the City about the categories of a special event in Section 58 -192 and which category would apply. The first category being public . /private events with the anticipation of the number of persons attending to exceed the onsite parking available; the second category being public /private events in which it can be reasonably expected for services would be required beyond those that are regularly provided by the City such as additional police services, traffic control, fire, and /or emergency medical services, street closures, garbage clean up or other municipal services; and the third category being those private /public events that involve musical groups or amplified sound, high intensity lighting, fireworks, erection of temporary structures on City owned or controlled property, displays or other activities such in nature that impinge upon any adjacent public business or residential areas. Code Enforcement Officer Howington advised that this violation would fall under category B, the second category. All of the parking spaces were taken up and there were vehicles parked all around the area, as well as tents being put up which the fire marshal had an issue with. The Respondents did not have any questions for the City. Monique Ames, the owner of Crossfit Evolution spoke in reference to this case. Ames advised that everything Code Enforcement Officer Howington spoke about was correct. Ames said that she looked at the City Code under Division One which defined special event and did not feel as though her event violated any of those special conditions. This is the fifth year that Crossfit has been in business in CEH 11 -17 -11 Page 6 of 10 CODE ENFORCEMENT FEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 the City of Longwood and this event has been held for the last four years in which there never has been a violation issued. Ames asked to not be fined for this violation due to the fact that this is the first offense within the City of Longwood. The event was concluded within 24 hours of the cease and desist notice. Special Magistrate Goodblatt asked Monique Ames if she continued on with the event after receiving the cease and desist notice. Ames advised yes. The City did not have any questions for Monique Ames. Kathy Adkins, the property manager for the American Industrial Center IX spoke in reference to this case. Adkins is requesting the violation be lifted and no fine be imposed on this property because the tenant was informed to look into permitting with the City. Special Magistrate Goodblatt asked Adkins if she was cited at the same time as Monique Ames, after the event had already taken place. Adkins advised yes, she received a copy of Monique Ames' violation after the event and was not immediately aware that one was issued. Adkins did however know the event was going to take place. The City did not have any questions for Kathy Adkins. Monique Ames wanted to add something else to this case. Ames advised that she made a copy of the entire Code and feels that she falls under Category C. Ames wanted to go through the checklist to reassure the City that there would not have been a problem even if she had obtained a permit. Ames reassured the City that there were no sign displays, ample parking, no fire /safety hazards, and adequate insurance; proper clean up, reasonable operating hours, no lighting, and proper occupational licensing, as well as no tents over 200 square feet. The City did not have any questions for Monique Ames. Special Magistrate Goodblatt stated that she appreciated the tone in which both Respondents approached this violation. The Findings based on the evidence are that a special event did take place within the City without applying for a special permit. The event was a special permit because it could have reasonably been anticipated that the number of persons who were expected or anticipated to attend this event would exceed onsite parking. It could also have been reasonably anticipated that additional municipal services might have been needed. The Respondent Evolution Crossfit is ordered to pay the cost of the CEH 11 -17 -11 Page 7 of 10 I CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 permit, which is $200.00, and both Respondents will be jointly liable to pay an administrative fee of $150.00 knowing that the event was going to take place. The total amount due is $350.00 which is to be paid within 30 days of receipt of the service of the Order. D. CEH 11 -11 -827 CC, Chap. 14, 14 -4(6) Public Nuisance Animals Robert H. Madsen & John J. Barr, Property Owners and Manny Tato, DBA Sunburst Trees & Lawn Care 109 Applewood Drive Longwood, FL 32750 For the record, Special Magistrate Goodblatt received a letter from the clerk dated November 17, 2011 written by Manny Tato authorizing Robert Burleson to attend this Code Hearing on his behalf. SM Goodblatt submitted this letter into evidence. Code Enforcement Officer Howington introduced herself and presented her case. She gave testimony that this case involves a violation of CC, Chap. 14, 14 -4(6) Public Nuisance Animals. On 09/25/11 the Longwood Police Department received a complaint from a resident about a barking dog at Sunburst Trees and Lawn Care. The complaint advised the barking had been going on since 5:30 am. Officer Borows of the Longwood Police Department responded to the complaint and witnessed the continued barking of the dog from the location. A Notice of Violation was posted on the door of the business. The NOV stated that the violation needed to immediately come into compliance. On 10/05/11 another NOV was issued by Officer Finch after witnessing the dog continuously barking for more than 15 minutes. A copy of this violation was certified mailed to the property owner but was returned marked unable to forward. On 10/16/11 another complaint was received about the barking dog. Officer Zeh responded and it: was reported that she stood in the driveway of the complainant's residence and listened to the dog barking non -stop for 25 minutes. A NOV was posted. On 11/01/11 Officer Ruiz responded to a barking dog complaint. He witnessed the dog barking for more than 15 minutes, in which he wrote up another NOV; each of the NOV's issued requested immediate compliance as well as to remain in compliance thereafter. A Notice of Hearing was prepared and served on the tenant Manny Tato on 11/04/11 at 9:14 am by Officer Racine of the Longwood Police Department. The NOH was mailed to the property owners by certified mail and was signed for on 11/07/11 by G. Reinhart. Each officer did make a report each time they went out to the property, which CEO Howington has copies of. The City requested that the Respondent be found guilty of CEF1 11 -17 -11 Page 8 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 violating CC, Chap. 14, 14 -4(6) Public Nuisance Animals. The City is also requesting that an administrative fee of $350.00 be imposed, as well as a fine of $250.00 be imposed due to the number of times the violation has occurred which is to be paid within 30 days from the date of the receipt of Final Orders. The Respondent did not have any questions for the City. Robert Burleson, an employee of Sunburst Trees and Lawn Care spoke in reference to this case. Burleson advised he does not deny any of the violations. Burleson feels that per the statute, the dog is not being willfully neglected. Burleson stated that Seminole County Animal Control came out between 09/26/11 and 10/05/11 and spoke with him in reference to the dog and told him that he needed to change the housing where the dog stayed. There are five residences that back up to the property and each residence own an animal. Burleson stated they paid for a citation they received, as well as had the dog registered and permitted. The dog is now going to be kept inside the office area and let the dog out to exercise and what not and then be brought back into the office. The company is not willfully trying to be a nuisance to the neighbors. Burleson asked that the additional fees be waived. Special Magistrate Goodblatt advised she had a few questions for Robert Burleson. SM Goodblatt asked if the dog lived at this property and if any people lived on the property; Burleson replied yes, he is a guard dog and no one else lives on the property. SM Goodblatt asked how the Respondent plans on making sure that this violation does not keep occurring; to which Burleson replied that the dog will be kept indoors in the main offices. The City did not have any questions for the Respondent. Special Magistrate Goodblatt ruled that the Respondents have violated CC, Chap. 14, 14 -4(6) Public Nuisance Animals. The dog either has to be kept in such place as to riot be heard barking in excess of 15 minutes continuously, or the dog will have to be removed from the property. It is ordered that the Respondents pay an administrative fee of $150.00 which is to be paid within 30 days of receipt of the service of the Order. 7. REPORTS -CASE UPDATES: None. CEK 11 -17 -11 Page 9 of 10, CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 8. UNFINISHED BUSINESS: None. 9. OLD BUSINESS: None. 10. NEW (BUSINESS: City Attorney asked if a Code Enforcement Hearing will be held in December. Special Magistrate replied no, we do not meet in December. 11. ADJOURNMENT: Special Magistrate Goodblatt adjourned the meeting at 8:30 pm. Amy G7d ott, Specia agistrate Brittany Kidd, Inter m Re ording Secretary CEFI 11 -17 -11 Page 10 of 10