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Special Magistrate_03-22-12_Min CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 March 22, 2012 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 Giselle Gonzalez, Code Enforcement Recording Secretary 1. CALL MEETING TO ORDER: Special Magistrate Amy Goodblatt called the meeting to order at 7:00 p.m. 2. APPROVAL OF THE MINUTES FROM THE JANUARY 26 ", 2012 HEARING: Special Magistrate Goodblatt indicated she corrected some typographical errors and approved Minutes of the January 26th, 2012 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. Code Enforcement Officer Howington indicated CEH 12 -01 -829 complied and case was withdrawn. S. SWEARING IN OF ALL WITNESSES: Special Magistrate Goodblatt swore in all witnesses 6. PUBLIC HEARINGS: B. CEH 12 -03 -834 CC, Chap. 38, 38 -121 Trash & Debris Robert H. Madsen & John J. Barr/ Manny Tato, Sun Burst Trees & Lawn Care 109 Applewood Dr. Longwood, FL 32750 CEH 03 -23 -2012 Page 1 of 7 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Code Enforcement Officer (CEO) Howington introduced herself and presented her case. CEO Howington indicated that Sun Burst Trees is a landscaping business located in the Baywood Industrial Center within the City of Longwood. CEO Howington noted that the business was previously located at 135 Mingo Trail, which is also located within the City of Longwood. At the end of the day this landscaping business brings debris on trucks and trailers and dumps the debris on the ground. The debris is then stock piled and eventually loaded sometimes days later to another truck, where it is finally taken to a transfer station. The process of unloading the debris on the ground makes it a yard trash processing facility. This business is not licensed as a yard trash processing facility. In order to be a yard trash processing facility the business would need to be registered with the Department of Environmental Protection (DEP) and also get an appropriate occupational license with the City of Longwood. CEO Howington stated that the reason why she is familiar with Sun Burst Trees is because when the business was previously located at 135 Mingo Trail, they were cited numerous times for piling debris on the ground. Sun Burst were advised they could bring the debris to the site as long as they left it on the trucks, trailers or in a dumpster. CEO Howington submitted photos to be entered into evidence from the debris that was left when the business moved from 135 Mingo Trail to their current location at 109 Applewood Dr. The Respondent received a copy of these photos. CEO Howington indicated that on July 7 2011 Officer Winters cited this business at 109 Applewood Dr. for piling debris on the ground. Sun Burst was told they could not dump the debris on the ground. Sun Burst was again advised to use a dumpster or leave the debris on the trucks. A Notice of Violation (NOV) was issued and the debris was removed from the property. CEO Howington stated that on February 22 2012 she noticed that debris was getting piled again. CEO Howington submitted photos to be entered into evidence. The Respondent received a copy of these photos. CEO Howington indicated that she issued a written NOV citing City Code, Chapter 38, 38 -121, compliance was to be met by February 27 2012. CEO Howington indicated she did a re- inspection on February 28 2012 and compliance had not been met. CEO Howington pointed out that on March 1 2012 she saw two men unloading debris from a trailer to the ground. CEO Howington indicated that since this was CEH 03 -23 -2012 Page 2 of 7 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 the second time the business had been cited since moving to the new location, a Notice of Hearing (NOH) was prepared and served on March 9`", 2012 by Officer Gonzalez from the Longwood Police Department. A copy of the NOH was mailed certified to the property owners and was signed on March 15 tt ', 2012. CEO Howington stated that by piling the debris on the lot, it could reasonably become infested or inhabited by rodents, vermin or wild animals and could also provide a breeding ground for mosquitoes. CEO Howington indicated that the City is asking for the Respondents to be found guilty of violating City Code, Chapter 38, 38 -121 Trash and Debris. The City is asking for the Respondents to be given five days from the receipt of the final order to have all of the debris removed from the property or a fine of $250.00 per day be imposed for each day the violation continues. CEO Howington stated the City is asking for an administrative fee of $350.00 to be paid within 30 days of receipt of the final orders. Respondent's Counsel Mr. Edward Cooley indicated that it was the company's new policy to bring the debris in at the end of the day, dump the debris on the ground, load it into a dumpster and take it to the yard processing facility that same day. Respondent's Counsel asked questions to which CEO Howington answered. Special Magistrate Goodblatt asked CEO Howington if Sun Burst would be in compliance if they bring the debris in at the end of the day, clump the debris on to the ground, load it into a dumpster and take it to the yard processing facility that same day. CEO Howington noted that DEP regulations indicate that the debris cannot be dumped on the ground. Special Magistrate Goodblatt asked CEO Howington if it was the City's position that if the debris is on the ground it is a violation of the City Code. Special Magistrate Goodblatt also asked CEO Howington if it was because of the terminology in the City Code that talks about accumulating. CEO Howington indicated that was correct. CEH 03 -23 -2012 Page 3 of 7 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Respondent's Counsel indicated that it was their position that the company's new policy was not in violation of the City Code, if the debris is immediately loaded into a truck and taken to a yard processing facility the same day. Respondent's Counsel indicated that the City Code does not prevent dumping the debris on to the ground, what it prevents is accumulating the debris over time on the ground. Respondent's Counsel submitted documents into evidence from DEP giving the company a clean bill of health. Respondent Mr. Many Tato gave testimony and indicated that at one time they were dumping and piling the debris on the ground. However, after the February citing they have changed their policy and are taking the debris to the yard processing facility the same day. Special Magistrate Goodblatt asked what was the City's position in regards to accumulation. Code Enforcement Supervisor Tim Cooper indicated that a same day turn around would be acceptable. Special Magistrate Goodblatt made her findings that property was found in violation of City Code Chapter 38, 38 -121. A public nuisance was created and existed past the date set for compliance. There was tree and lawn debris which was allowed to accumulate within one hundred feet of improved property within the City of Longwood. Due to the accumulation of trash and debris, the property might have become infested with rodents and could have adversely impacted adjacent properties. Special Magistrate Goodblatt defined that an accumulation of debris will occur if the debris is not removed on a daily basis. Compliance would require that all trash and debris currently on the property is to be removed daily and the property is to be kept free of trash and debris in the future. Special Magistrate Goodblatt assessed against the Respondent. The Respondent is ordered to pay administrative costs of $100.00 to be paid within thirty days of service of the final order. If the property is not cleaned up to the satisfaction of the City within five days of service of the order, a fine will run in the amount of $100.00 per day for each day the violation continues to exist beyond the date set for compliance. CEH 03 -23 -2012 Page 4 of 7 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 C. CEH 12 -03 -835 CC, Chap. 18, 18 -221 Outdoor Storage CC, Chap. 38 -121 Trash & Debris SHAW, Ainswoth & Ivy 717 Longdale Ave. Longwood, FL 32750 Code Enforcement Officer Howington presented her case. CEO Howington submitted photos to be entered into evidence. The Respondent received a copy of these photos. CEO Howington indicated that on February 7 2012 she issued a Notice of Violation with a compliance date of February 14 2012. The Notice of Violation was for outdoor storage and trash and debris. The outdoor storage consists of a spa in the driveway, furniture on the carport, tarps, buckets, chlorine containers, etc. The trash and debris consists of wood stumps in the yard, pieces of concrete blocks, pvc pipes, wood, pool ladder, etc. CEO Howington stated that she completed a re- inspection on February 17 2012 and found that the property was not in compliance. For that reason, she issued a Notice of Non - Compliance with a compliance date of February 21 2012. On February 22 2012 CEO Howington indicated that she did a re- inspection and as can be seen by the pictures submitted as evidence, the property is still not in compliance. CEO Howington also pointed out that the Respondents were cited in the year 2006 and brought before the Code Enforcement Board for the accumulation of trash and debris. CEO Howington noted that open outdoor storage in residential districts is expressly prohibited. There are homes within one hundred feet of the residence. Due to the accumulation of trash and debris on this property, it may reasonably become infested or inhabited by rodents, vermin, wild animals or may furnish a breeding place for mosquitoes. Also, the conditions of the property could adversely affect and impair the economic welfare of adjacent property. A Notice of Hearing was served on February 22 d , 2012. CEO Howington stated that the City is asking Respondents be found guilty of violating City Code, Chapter 18, 18 -221 and City Code, Chapter 38, 38 -141. Also the City is asking that the Respondents be given five days from the receipt of the final orders to bring the property into compliance or that a fine of $250.00 per day per violation be imposed for each day the property is not in compliance. The CEH 03 -23 -2012 Page 5 of 7 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 City is asking for an administrative fee of $350.00 to be paid within thirty days of the receipt of the final orders. Respondent Mr. Shaw indicated he did not want to give a testimony. Mr. Shaw indicated that he would accept the five days to bring the property into compliance. Respondent asked if he could leave the existing tree stumps since those were for his children to play on. CEO Howington indicated that the City had no objection to the tree stumps as long as no additional tree stumps were added to the property. Special Magistrate Goodblatt made her findings that the property is not in compliance by having open outdoor storage of items such as furniture, chlorine containers, pipes, tarps, spa in the side driveway, trash and debris, landscape items, wood, buckets and plumbing items. The cited property is located within one hundred feet of improved property within the City of Longwood. The trash and debris are such that it may become a breeding place for mosquitoes or become infested by rodents. The property is affecting the safety, health and welfare of adjacent properties as well as negatively affecting the value of these properties. Compliance would require that all outdoor storage be removed from the property or be properly stored. The property must remain free of all trash and debris. It was also the finding of the Special Magistrate that the Respondents are to pay an Administrative Fees of $150.00, which is to be paid within 30 days of service of the final order. Respondents will have five days from the date of service of the final order to remove all trash and debris. If the property is not in compliance within five days of receipt of the final order, the Respondents will pay a fine of $200.00 per day per violation for each day the violations continue beyond the day set for compliance. No additional tree stumps will be added to the property. 7. REPORTS -CASE UPDATES: None. 8. UNFINISHED BUSINESS: None. CEH 03 -23 -2012 Page of 7 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 9. OLD BUSINESS: None. 10. NEW BUSINESS: Charles Wright (property owner of 582 Freeman St. CEH 11 -10 -823) has requested to come before the Special Magistrate to appeal the Order to Impose Fine /Lien for the $250.00 Administrative Cost. CEO Howington indicated that there was a written request made and submitted a copy of the request to the Special Magistrate. Mr. Wright indicated that after talking with several authorities such as the Chief of Police, City Planners and Commissioners, he now understands the violation and the liability involved. Mr. Wright indicated that he was trying to address this issue with the right intention, however he was misinterpreting the Code. For this reason, he would like to ask the Special Magistrate if the Administrative Fee could be reduced to $100.00. Mr. Wright indicated that he will no longer bring the basketball goal down to the street because he understands the liability involved. City Attorney Gayle Owens indicated that the City is willing to forgive the $350.00 fee for the repeat offense but is still asking for the $250.00 for Administrative Costs. Special Magistrate reduced the fine to $200.00 if it is paid by April 22' , 2012. If it is not paid by April 22 2012 the fine will go back to the original amount of $600.00. 11. ADJOURNMENT: Special Magistrate Goodblatt adjourned the meeting 8:00 Amy Gqod latt, Special Magistrate aye. Gkne a Icz ©. Giselle Gonzalez, Recording Secretary CEI-I 03 -23 -2012 Page 7 of 7