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Special Magistrate_01-26-12_Min CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 JANUARY 26, 2012 7:00 P.M. Present: Amy Goodblatt, Special Magistrate Allso Present: Gayle Owens, City Attorney Tim Cooper, Code Enforcement Supervisor Bonnie Howington, Code Enforcement Officer Brittany Kidd, Interim Code Enforcement Recording Secretary Giselle Gonzalez, 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 NOVEMBER 17, 2011 HEARING: Special Magistrate Goodblatt approved the Minutes of the November 17, 2011 meeting. 3. SPECIAL MAGISTRATE'S 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 -10 -823 was present. A Respondent for CEH 12 -01 -828 was present. CEH 12 -01 -829 has been continued. A Respondent for CEH 12 -01 -831 was present. A Respondent for CEH 12 -01 -832 was present. A Respondent for CEH 12 -01 -833 was present. 5. SWEARING IN OF ALL WITNESSES: Special Magistrate Goodblatt swore in all witnesses. C1 - 01 -26 -12 Page 1. of 9 CODE ENFORCEMENT HEAWNG City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 6. PUBLIC HEARINGS: A. CEH 11 -10 -823 CC, Chap. 78, Sec. 78 -1 Private Use of ROW Repeat Violation Charles A. Wright 582 Freeman Street Longwood, FL 32750 Code Enforcement Officer Howington introduced herself and presented her case. CEO Howington submitted photos to be entered into evidence. The Respondent received a copy of these photos. This case is a repeat violation of CC, Chap. 78, Sec. 78 -1 Private Use of Right of Way. CEO Howington gave testimony that this case was brought before the Special Magistrate on 10/27/11 and found guilty of violating this code by placing a basketball goal in the right -of -way. Final Orders were served on Mr. Wright on 11/04/11 Officer Roberts. In the Final Orders, it was stated that Mr. Wright was to keep the basketball goal out of the right -of- way street. On 11/15/11 a complaint came into Code Enforcement that the basketball goal was back in the street. A Notice of Repeat Violation was issued on 11/15/11. Another complaint came into Code Enforcement on 01/06/12 for the same violation. A re- inspection on that day showed that compliance was not met. A Notice of Hearing was served on Mr. Wright on 01/07/12 by Officer Witt. The City requested that the Respondent be found guilty as a repeat violator for CC, Chap. 78, Sec: 78 -1 Private Use of Right of Way and that a fine in the amount of $1,000, which is $500 for each repeat violation was observed, be imposed to be paid within 30 days from the date of receipt of Final Orders. The City is also requesting an administrative fee of $430.00 be imposed to be paid within 30 days from the date of the receipt of Final Orders. Special Magistrate Goodblatt asked CEO Howington how she determined the administrative amount of $430.00. CEO Howington advised the prior supervisor of Code Enforcement, Commander Russell Cohen, calculated the cost that it took for the inspectors to go out, the salary of the inspectors and the use of the vehicles. Repeat violations came to the amount of $430.00, regardless of the violation. Charles Wright, Property Owner, asked questions of the City to which CEO Howington answered. Joan Penkava gave testimony and spoke on behalf of the City. CEH 01 -26 -12 Page 2 of 9 CODE ENFORCEMENT HEARONG City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Mr. Wright gave his testimony in reference to this case. He submitted pictures of other portable basketball hoops in the neighbor and letters into evidence. Mr. Wright answered questions posed by Special Magistrate Goodblatt. Jack Greenhalgh gave testimony and spoke on behalf of Mr. Wright. Mr. Greenhalgh answered questions posed by City Attorney Gayle Owens. Elizabeth Blake gave testimony and spoke on behalf of Mr. Wright. Ms. Blake submitted letters into evidence. Ken Halladay gave testimony and spoke on behalf of Mr. Wright. Mr. Halladay answered questions posed by Special Magistrate Goodblatt. Special Magistrate Goodblatt made her findings that the Respondent, Mr. Wright was previously found in violation of CC, Chap. 78, Sec. 78 -1 Private Use of Right of Way on or about 10/27/11. Mr. Wright was served with the Final Orders on or about 11 /04/11. The violation was the erection of a structure in the right -of -way, which in this case is a basketball hoop. Since that time, the basketball hoop was erected in the right -of -way within City limits, on two separate occasions. The Respondent is guilty as a repeat offender. He is ordered to pay an administrative cost of $300.00 to be paid within receipt of the Final Orders. In addition, for each violation, which is fineable for up to $500.00 per violation, the Respondent is to pay $25.00 per violation per day, for a total of $50.00 to be paid within 30 days of receipt of the Final Orders. B. CEH 12 -01 -828 LDC Art. V, Sec. 5.3.1 Swimming Pool William Rogers /Nationstar Mortgage LLC 962 Lormann Circle Longwood, FL 32750 Code Enforcement Officer Howington introduced herself and presented her case. CEO Howington submitted photos to be entered into evidence. The Respondent received a copy of these photos. This case concerns a violation of LDC Art. V, Sec. 5.3.1 Swimming Pool. On 08/11/11 Code Enforcement Officer Winters inspected the property and found it was in violation of LDC Art. V, Sec. 5.3.1 Swimming Pool. CEO Winters notified Nationstar Mortgage of this violation on 08/11/11, 08/12/11 and 09/08/11, due to the property being in foreclosure. On 09/08/11 CEO Winters issued a Notice of Violation for LDC Art. V, Sec. 5.3.1 Swimming Pool to comply by 09/15/11. A re- inspection done by CEO Howington on CE:H 01 -26 -12 Page 3 of 9 CODE ENFORCEMENT HEARMG City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 10/04/11 showed that compliance was not met. A Notice of Non- Compliance was issued on 10/04/11 to comply by 10/08/11. Upon another re- inspection on 10/19/11, the property was still in violation and photographs were taken. On 11/17/11 another re- inspection was done with the same results. A Notice of Hearing was prepared and sent to Mr. Rogers and Nationstar Mortgage. Mr. Rogers signed for his certified mail on 01/11/12 and Nationstar Mortgage signed for their certified mail on 01/12/12 by Tim Woodward. The City requested that the Respondents be found guilty for violating LDC Art. V, Sec. 5.3.1 Swimming Pool and be given 5 days from the receipt of the Final Orders to bring the property into compliance or a fine of $250.00 per day be imposed until the property comes into compliance. The City is also requesting an administrative fee of $350.00 be imposed to be paid within 30 days from the date of the receipt of Final Orders. CEO Howington answered questions posed by Special Magistrate Goodblatt. William Rogers, Respondent, gave testimony in reference to this case. Mr. Rogers answered questions posed by Special Magistrate Goodblatt. CA Owens gave comments for compliance. Special Magistrate Goodblatt made her findings that the Respondent, Mr. Rogers is found in violation of LDC Art. V, Sec. 5.3.1 Swimming Pool. The swimming pool that is located within the City of Longwood was not maintained in good working order, evidencing that it was either improperly maintained and /or the pump was not operational. Compliance requires that the following must be done. The pool must either be operational, or it may also be brought into compliance by draining it to a height of no greater than 3 feet and covering it completely after adding chemicals which must be continued to be added to keep out the growth of algae. As a courtesy to the Respondent, there will be no administrative costs at this time and it is ordered that the Respondent has 30 days from the receipt of the Final Orders to come into compliance. If this property is not in compliance thereafter, there will be a $150.00 fine per day for each day the violation continues to exist. CE:H 01 -26 -12 Page 4 of 9 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 D. CEH 12 -01 -831 CC, Chap. 14, Sec. 14 -4 Public Nuisance Animals & CC, Chap. 14, Sec. 14 -5 Prohibited Animals Frederick Gagle /Kevin Madison 926 Lormann Circle Longwood, FL 32750 Code Enforcement Officer Howington introduced herself and presented her case. CEO Howington advised she received an anonymous call about dogs continuously barking at this residence. The caller stated there was a large cage on the car port with numerous dogs inside. Upon the initial inspection on 11/18/11, there was a cage on the car port with 4 -5 dogs in the cage. She stated her presence didn't seem to both the dogs and there was no violations occurring. CEO Howington submitted photographs into evidence. The Respondents also received copies of the photographs. On 11/22/11 a second complaint came in about the dogs. This time, one of the dogs had jumped the fence and was in the complainant's yard. Upon re- inspection, CEO Howington advised she went into the back yard of another residence that meets 926 Lormann and observed 5 pit bull dogs. There is a 4 foot chain link fence between the two properties. The dogs began to bark, jump and chew on the fence. Photographs were taken that day. A Notice of Violation was issued for CC, Chap. 14, Sec. 14 -4 Public Nuisance Animals & CC, Chap. 14, Sec. 14 -5 Prohibited Animals and posted on the front door of the residence to comply by 11/29/11. A copy of the Notice of Violation was certified mailed to the property owner, Frederick Gagle, and was signed for on 11/30/11. On 12/13/11 and 12/28/11 more complaints were received regarding the same issue. A Notice of Hearing was certified mailed to Mr. Gagle on 01/10/12. It was signed for by Mr. Gagle on 01/11/12. A Notice of Hearing was served on Kevin Madison on 01/11/12 by Officer Arciola. On 01/18/12 another call was received in reference to having 2 pit bulls in her back yard. The City requested that the Respondents be found guilty for violating CC, Chap. 14, Sec. 14 -4 Public Nuisance Animals & CC, Chap. 14, Sec. 14 -5 Prohibited Animals and be given 5 days from the receipt of the Final Orders to bring the violations into compliance either by installing a barrier, possibly a 6 foot fence completely around the back yard or a fine of $250.00 per day be imposed until the violations come into compliance. The City is also requesting an administrative fee of $350.00 be imposed to be paid within 30 days from the date of the receipt of Final Orders. Frederick Gagle, Property Owner, gave his testimony in reference to this case. Mr. Gagle entered a letter and 3 day eviction notice into evidence. CEH 01 -26 -12 Page 5 of 9 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Kevin Madison, Tenant, gave his testimony in reference to this case. Mr. Madison answered questions posed by Special Magistrate Goodblatt. Special Magistrate Goodblatt made her findings that on less than one acre of land in the City of Longwood, there were more than 5 dogs present past the date set for compliance by the City which constitutes a public nuisance. Additionally, a public nuisance was created because the dogs at the property were repeatedly found at large. The dogs have harassed adjacent land owners by frightening them when they jump over the fence into neighboring yards and chewing the adjacent land owner's fences. The dogs do bark for sufficient periods of time but there has not been efficient testimony to show that it is was 15 minutes at a time. The Respondent's jointly and severely must come into compliance within 5 days of the receipt of Final Orders by restricting the property to no more than 5 animals. The dogs are to be confined such that they do not harass neighbors by jumping the fence or barking excessively for long periods of time. They must be confined on the property. If the Respondents do not comply within 5 days from the receipt of Final Orders, the Respondents shall jointly and severally be liable for a fine of $250.00 per day for each day the violation continues to exist beyond the date set for compliance. The Respondents are also jointly and - liable to pay an administrative cost of $350.00 to be paid within 30 days of re t of the Final Orders. There is one fine of $350.00 between the landlord and tenant. E. CEH 12 -01 -832 CC, Chap. 82, Sec. 82 -32 Occupational Licenses ,�p/��' OVY LDC Art. X, Sec. 10.1.0 Construction Permits & FBC 105.1 Permits Required Brauser Enterprises II, Inc. Robert Brauser /Mike Paris 1225 Bennett Drive, Suite 102 Longwood, FL 32750 Code Enforcement Officer Howington introduced herself and presented her case. CEO Howington submitted photos to be entered into evidence. The Respondent received a copy of these photos. This case concerns violations of CC, Chap. 82, Sec. 82 -32 Occupational Licenses, LDC Art. X, Sec. 10.1.0 Construction Permits & FBC 105.1 Permits Required. On 12/19/11 CEO Howington received a phone call reference an automotive repair shop that was operating without a license at this address. A Notice of Violation was issued 12/19/11 to comply by 12/26/11. A copy of the NOV was certified mailed to the property owner on 12/20/11 and it was signed for on 12/22/11 by M. Bass. A check with the Occupational Licensing Department on 12/28/11 showed that no application had been submitted for CEH 01 -26 -12 Page 6 of 9 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 such license. On 01/06/12 a Notice of Hearing was prepared. It was served on Mr. Paris on 01/09/12 by Officer Racine. A copy was mailed to the property owners on 01/10/12 and signed for on 01/11/12 by M. Bass. A check with the building department today, 01/26/12, revealed an electrical permit has been issued. A check with Occupational Licensing revealed there was no application submitted. The City requested that the Respondents be found guilty for violating CC, Chap. 82, Sec. 82 -32 Occupational Licenses, LDC Art. X, Sec. 10.1.0 Construction Permits & FBC 105.1 Permits Required. The City also asked to allow the tenant 30 days to obtain an Occupational License due to it taking at least 30 days to get the license back from the state. If compliance is not met, the City asks that a fine in the amount of $250.00 per day be imposed for each day the violation continues. Since the violation regarding working without a permit has been resolved, there is no need for a-compliance time. The City is also requesting an administrative fee of $350.00 be imposed upon the property owners to be paid within 30 days from the date of the receipt of Final Orders. CEO Howington answered questions posed by Special Magistrate Goodblatt, Anne Marie Kenney and Mike Paris. Mike Paris, tenant, spoke in reference to this case. Mr. Paris entered a photo into evidence. The City viewed this photo. Mr. Paris answered questions posed by Special Magistrate Goodblatt. Anne Marie Kenney and Skip Kenney, Property Directors, spoke in reference to this case. Ms. Kenney answered questions posed by Special Magistrate Goodblatt. Special Magistrate Goodblatt made her findings that there has been a violation of CC, Chap. 82, Sec. 82 -32 Occupational Licenses, LDC Art. X, Sec. 10.1.0 Construction Permits & FBC 105.1 Permits Required. In support of this finding, there was an auto repair shop operated at the cited property without an occupational license past the time set for compliance. Interior alterations were made to by adding a lift without the required electrical permit that has now been resolved; however, the violations did continue after the date set for compliance. It is noted that this is a 115 unit property and there have been previous violations of the property in recent years. An occupational license must be obtained. The Respondent, tenant only, is being afforded 45 days from the date of service of the Final Orders to come into compliance by obtaining an occupational license or, pay a fine of $150.00 per day for each day the violation continues past the date set for compliance. Additionally, the Respondent's jointly and severally to pay an administrative cost of $100.00 to be paid CE:H 01 -26 -12 Page 7 of 9 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 within 30 days of receipt of the Final Orders. There is one fine of $100.00 between the landlord and tenant. Part of the reason for the reduced fine is the timing due to the Notice of Hearing was received 12/22/11 in Pompano Beach to come into compliance 12/26/11. F. CEH 12 -01 -833 CC, Chap. 82, Sec. 82 -32 Occupational Licenses O.J. Mullis /Randy Heath 466 West State Road 434, Suite 120 Longwood, FL 32750 Code Enforcement Officer Howington introduced herself and presented her case. CEO Howington submitted photos to be entered into evidence. The Respondent received a copy of these photos. This case concerns violations of CC, Chap. 82, Sec. 82 -32 Occupational Licenses. On 08/08/11 CEO Howington was out conducting checks for occupational licenses when she saw a sign advertising a business at this address. A check with the occupational licensing clerk revealed there was no current license on file for this location. A Notice of Violation was issued 08/08/11 to comply by 08/15/11. A copy of the NOV was posted on the front door of the business. A copy of the NOV was also certified mailed to the property owner and was signed for on 08/11/11. On 10/11/11 a Notice of Non Compliance was issued. A check on 10/24/11 revealed that no occupational license had been obtained. On 01/04/12 CEO Howington spoke with Mr. Mullis and he advised Mr. Heath was moving out of this unit by the end of the week and that Mr. Heath was waiting for a license back from the state. Another check with the occupational licensing clerk showed no license had been obtained and a phone call to that state showed that no application had been received for a license. The Notice of Hearing was prepared and served on Mr. Mullis and Mr. Heath on 01/09/12 by Officer Witt. The City asks that the Respondents be found guilty of violating CC, Chap. 82, Sec. 82 -32 Occupational Licenses, and an occupational license be obtained within 3 days of the service,of Final Orders or a fine in the amount of $250.00 per day be imposed for each day the violation continues to exist unless Mr. Heath closes the business. The City is also requesting an administrative fee of $350.00 be imposed to be paid within 30 days from the date of the receipt of Final Orders. O.J. Mullis, Property Owner, spoke in reference to this case. Mr. Mullis answered questions posed by CEO Howington and Special Magistrate Goodblatt. Randy Heath, Tenant, spoke in reference to this case. CEH 01 -26 -12 Page 8 of 9 e CODE ENFORCEMENT HEARS City Commission Chambers 175 West W/Ae Longwoo Special Magistrate Goodblatt made that there has been a violation of CC, Chap. 82, Se c. 82 -32 Occnses in that a business was operated at the cited property withtional license past the date set for compliance. The Respondent jointly and - severally `% liable to pay an administrative cost of $50.00 to be paid within 30 days of receipt of the Final Orders. In order to come into compliance either the Tenant must vacate the premises, or an occupational license must be obtained. If the Respondents do not comply within 5 days of the date of service of the Final Orders, the Respondent's will pay a fine of $50.00 per day for each day the violation continues to exist beyond the date set for compliance. 7. REPORTS -CASE UPDATES: None. 8. UNFINISHED BUSINESS: None. 9. OLD BUSINESS: None. 10. NEW BUSINESS: None. 11. ADJOURNMENT: Special Magistrate Goodblatt adjourned the meeting at 8:54 pm. Amy G blatt, Special Magistrate Brittany Kidd, I i4im Recor ing Secretary C:E:H 01 -26 -12 Page 9 of 9