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Special Magistrate_06-28-12_Min CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 June 28, 2012 7:00 P.M. Present: Amy Goodblatt, Special Magistrate Also Present: Gayle Owens, City Attorney Bonnie Howington, Code Enforcement Officer Brittany Kidd, 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 APRIL 26, 2012 HEARING: Special Magistrate Goodblatt approved Minutes of the April 26, 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 did a roll call of the scheduled cases to determine which Respondents were present. 5. SWEARING IN OF ALL WITNESSES: Special Magistrate Goodblatt swore in all witnesses. 6. PUBLIC HEARINGS: A. CEH 12 -06 -840 CC, Chap. 86 Sec. 86 -83 Boats, Trailers & RV Parking Waggoner, Michael & Carol 1101 Reams Street Longwood, FL 32750 CEH 06 -28 -2012 Page 1 of 10 CODE ENFORCEMENT (HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Code Enforcement Officer (CEO) Kidd introduced herself. CEO Kidd indicated that this case involves a violation of CC, Chapter 86, Section 86 -83, Boat, Trailer and Recreational Vehicle (RV) parking. The code states that boats, trailers and RV's may be. stored in the side or rear yards provided they are enclosed and screened from the street and all abutting lots by a solid fence, wall or healthy evergreen hedge. They may also be stored in a carport, provided they are parked totally within the carport enclosure and completely behind the front of the carport. CEO Kidd noted that on May 11, 2012 there was a RV parked in the back yard of the property located at 1101 Reams Street. Mrs. Carol Waggoner was standing outside so she informed Mrs. Waggoner she was issuing a Notice of Violation (NOV) for the RV. She also advised Mrs. Waggoner that she had until May 18, 2012 to have the RV properly stored or removed. CEO Kidd indicated to Mrs. Waggoner that if for some reason she was having issues properly storing or removing the RV to please contact her. CEO Kidd indicated that on May 22, 2012 she went back to do a re- inspection. The RV was still parked in the back yard so she issued a Notice of Non - Compliance to comply by May 26, 2012. CEO Kidd stated that on May 29, 2012 she did another re- inspection. The RV was still parked in the back yard and was covered with a tarp. A Notice of Hearing (NOH) was served to Mrs. Carol Waggoner on June 5, 2012 by Officer Kim Zeh of the Longwood Police Department. CEO Kidd submitted photos to be entered into evidence and gave a copy of the photos to the Respondent. CEO Kidd stated that the element surrounding this violation would be that the trailer was parked in the back yard, visible from the street and not properly enclosed as required by code. The City is asking that the respondents Michael & Carol Waggoner be found guilty of violating CC, Chap. 86, Sec. 86 -83. The City is asking that the Respondents be given five (5) days from service of final orders to comply by properly enclosing or screening the RV, or remove the RV from the property. If compliance is not met, the City is asking that a fine of two hundred and fifty dollars ($250.00) per day be imposed for each day the violation continues to exist beyond the date set for compliance. The City is also asking for an CEH 06 -28 -2012 Page 2 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 administrative fee of three hundred and fifty dollars ($350.00) be imposed to be paid within thirty (30) days of receipt of final orders. Respondent Mr. Michael Waggoner asked CEO Kidd if he has ever received a citation from Code Enforcement or if there has ever been a report about him having an RV parked at his house. Mr. Waggoner indicated he was asking this question because he has had the RV parked at his house for four (4) years and it is has never been an issue until now. CEO Kidd checked her database and indicated that she found violations regarding a trailer in 2003, 2004, 2005, 2007 and 2009. All of those cases were closed as complied. Respondent Mr. Waggoner indicated he recently had surgery and was unable to do many things. Respondent also explained his wife did not inform him that he could contact Code Enforcement to request more time to address the violation. Respondent submitted photos to be entered into evidence to show the screen he has in the front of the RV and the fence he has in the back of the trailer. Special Magistrate Goodblatt noted the code states that boats, trailers and RV's may be stored in the side or rear yards provided they are enclosed and screened from the street and all abutting lots by a six foot tall solid fence, wall or healthy evergreen hedge. Special Magistrate Goodblatt reviewed the pictures and indicated that the tarp covering the RV would not be considered as a solid fence, wall or healthy evergreen hedge. Respondent apologized and indicated he misinterpreted the code. Special Magistrate Goodblatt made her findings that the respondents have violated CC, Chap. 86, Sec. 86 -83. A recreational vehicle is parked in the rear side yard of the cited residence. The recreational vehicle was not properly enclosed by a six foot solid fence, wall or healthy evergreen hedge past the date set for compliance. In order to come into compliance the recreational vehicle must be stored in an enclosure or in a side or rear yard enclosed by a six foot tall solid fence, wall or healthy evergreen hedge on all sides or must be removed. Any fencing installed must be permitted in accordance with the code. It is further ordered of the Special Magistrate that the respondents pay an administrative fee of one hundred dollars ($100.00) to be paid within thirty days of service of the order. The respondents will have thirty (30) days from the date CEH 06 -28 -2012 Page 3 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 this order is served to come into compliance. In the event the respondent does not come into compliance within the thirty days, the respondent shall pay a fine of one hundred and fifty dollars ($150.00) per day for each day the violation continues to exist beyond the date set for compliance. B. CEH 12 -06 -841 CC, Chap. 38, Sec. 38 -141 High Grass & Weeds CC, Chap. 38, Sec. 38 -121 Trash & Debris CC, Chap. 82, Sec. 82 -32 Occupational License Orange Crown Transit /Muench, David 247 Orange Avenue Tax I.D. #32- 20 -30- 300 - 0060 -0000 Vacant Lot Tax I.D. #32- 20 -30- 300 - 0070 -0000 Longwood, FL 32750 Code Enforcement Officer (CEO) Howington introduced herself and presented her case. CEO Howington submitted photos to be entered into evidence. CEO Howington indicated that both parcels are owned by Orange Crown Transit Partners, LLC of which Mr. Ryan Von Weller is the registered agent. The property 247 Orange Avenue is occupied by tenant Mr. David Muench, whom operates a business from this location called Absolute Trees. CEO Howington stated that on May 9, 2012 a Notice of Violation (NOV) was issued for three code violations at 247 Orange Avenue. These violations were high grass and weeds CC Chap. 38, Sec. 38 -141, trash and debris CC Chap. 38, Sec. 38 -121 and no occupational license CC Chap. 82, Sec.82 -32. The date set for compliance for the occupational license and high grass and weeds was May 16, 2012. The date set for compliance for the removal of the trash and debris was May 23, 2012. CEO Howington indicated that on May 10, 2012 a Notice of Violation (NOV) was written for high grass and weeds on the vacant lot with parcel id 32- 20- 30 -300- 0070 -0000. The date set for compliance was May 16, 2012. CEO explained that Mr. David Muench operates his business Absolute Trees from 247 Orange Avenue. CEO Howington stated that Mr. Muench cuts down trees and brings the debris to this location where it is dumped into the rear yard. CEO Howington indicated that this has been an ongoing issue since February, 2011. CEH 06 -28 -2012 Page 4 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 The property owner and tenant were made aware of this violation by former Code Enforcement Officer Robyn Winters. CEO Howington also noted there is a wetland area at the rear of the property. The Department of Environmental Protection (DEP) has a case of illegal dumping for this property. CEO Howington noted that a re- inspection was done on May 29, 2011 and none of the violations had been corrected. CEO Howington-submitted photos to be entered into evidence. CEO Howington indicated that she issued a Notice of Non- Compliance to comply by June 4, 2012. On June 5, 2012 CEO Howington conducted a re- inspection and the property was still not in compliance. CEO Howington submitted photos to be entered into evidence. On June 8, 2012 a Notice of Hearing (NOH) was served to Mr. Muench. A copy of the NOH was mailed certified to Orange Crown Transit Partners and to Mr. Von Weller. CEO Howington indicated that since she did not get the receipt confirmation, she personally served the NOH to Mr. Von Weller on June 14, 2012. CEO Howington passed by the property this morning of June 28, 2012. The property was still not in compliance. There is an excessive accumulation of weeds, grass, undergrowth, trash and debris on the property. These conditions could cause the property to become infested or inhabited by rodents, vermin or wild animals or furnish a breeding ground for mosquitos and could adversely affect and impair the economic welfare of adjacent properties. The property is located within one hundred (100) feet of other residences. The elements surrounding the occupational license would be that CC, Chap. 82, Sec. 82 -32 states no business shall engage in or manage any business, occupation or profession for which there is an occupational license tax required. This business has been operating without an occupational license. The City is asking for the respondents to be found guilty of violating CC, Chap. 38, Sec. 38 -141 High Grass and Weeds, CC, Chap. 38, Sec. 38 -121 Trash and Debris and CC, Chap. 82, Sec. 82 -32 No Occupational License. The City asks the respondents be given 14 days from the receipt of the final orders to mow both properties and from that point on mow on a regular basis, to remove all debris from the property including the mulch that is spread throughout the property and for Mr. Muench to obtain a current occupational license from the City of Longwood. If compliance is not met, the City requests that a fine in the amount of two hundred and fifty dollars ($250.00) per day per violation be imposed until compliance is met. The City asks that the respondents allow Code Enforcement CEH 06 -28 -2012 Page 5 of 10 CODE ENFORCEMENT (HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 access to the property to conduct an inspection once the property owner or tenant advises that compliance has been met. The City also asks that an administrative fee of three hundred and fifty dollars ($350.00) be imposed upon the respondents. Respondent Mr. David Muench indicated there is no doubt he is at fault. Unfortunately he has been going through difficult personal circumstances and financial hardship which have prevented him from fully taking care of the issues CEO Howington has brought forth. Respondent indicated he has been trying to comply however he does not have the money to move all the debris out at once. Respondent indicated he went to court for the DEP case and they dropped everything because he was able to comply. DEP will continue to monitor the property on a weekly basis. Respondent indicated he has been trying to mow the lot however his big mower broke so he is currently using a smaller mower which takes him longer. Respondent noted he has been meeting with Mr. John Hambley from the Planning Department as part of the process of trying to obtain his business tax receipt. Respondent stated he is doing his best to comply. Special Magistrate Goodblatt made her findings that there has been a violation of CC, Chap. 38, Sec. 38 -141 High Grass & Weeds, CC, Chap. 38, Sec. 38 -121 Trash & Debris and CC, Chap. 82, Sec. 82 -32. There is an excessive growth of weeds and grass present at both properties, which are located within one hundred (100) feet of improved property in the City of Longwood. The growth is such that the property is or may become infested with rodents or wild animals and may also become a breeding ground for mosquitoes. The condition of the properties adversely impairs the economic welfare of adjacent land owners. The properties' condition is such that it may be dangerous to the public's health, safety and welfare. On the improved lot at 247 Orange Avenue, a public nuisance has been created because of the accumulation of debris. The tenant at 247 Orange Avenue failed to obtain an occupational license to operate his tree business. In order to come into compliance the tenant David Muench is to obtain an occupational license in order to operate his business or he is no longer permitted to operate his business from that location. The grass must be mowed and maintained on both properties, all trash and debris must be removed from 247 Orange Avenue. Code Enforcement access is to be granted to the property as requested to determine whether there has been compliance. It is the order of the Magistrate that there will be no administrative costs at this time. The respondents will have sixty (60) days to come into compliance or the respondents will jointly and severally pay two hundred dollars ($200.00) per day per violation. Respondent Muench will pay a fine of fifty dollars ($50.00) per day CEH 06 -28 -2012 Page 6 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 if he does not obtain an occupational license within sixty (60) days of service of this order. C. CEH 12 -06 -844 CC, Chap. 18, Sec. 18 -63 Minimum Property Standards CC, Chap. 38, 38 -121 Trash & Debris LDC Art. V, Sec. 5.3.1 Swimming Pools Sullen, Mitchell 200 Columbus Circle Longwood, FL 32750 Code Enforcement Officer (CEO) Howington introduced herself and presented her case. CEO Howington submitted photos to be entered into evidence. CEO Howington indicated that on March 1, 2012 she received a complaint that the side yard of this residence was full of dead tree debris and weeds. CEO Howington stated she was not able to see clearly into the back yard because the property is surrounded with a six (6) foot wooden fence. CEO Howington indicated that she went to the house next door and asked permission to go into their back yard to obtain pictures. CEO Howington indicated there were several sections of Mr. Sullen's fence that had broken slats and she was able to see in the yard and take pictures. A written Notice of Violation (NOV) was issued citing trash and debris, CC, Chap. 38, Sec. 38 -121 and Minimum Property Standards, CC, Chap. 18, 18 -63 for the fence that needed repair. The notice was posted on the front door with a compliance date of March 8, 2012. On May 9, 2012 CEO Howington conducted an inspection and found that the property was not in compliance. During the visit CEO Howington noticed that on the side of the house where the electrical box was located, the wall had rotted. CEO Howington stated she went to Lyman High School, which is located to the rear side of Mr. Sullen's property. From that location she saw that the swimming pool was very dirty and noticed that the pump did not seem to be running. On May 22, 2012 CEO Howington did another inspection and found that the property was still not in compliance. She was able to speak with Mr. Sullen who explained he had not received the NOV. Mr. Sullen explained he was doing the best he could to clean up the property however he was having financial difficulties. CEO Howington issued a Notice of Non - Compliance for the trash and debris and minimum property standards with a compliance date of May 26, CEH 06 -28 -2012 Page 7 of 10 CODE ENFORCEMENT (HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 2012. CEO Howington also issued a second NOV citing the condition of the swimming pool LDC Art. V, Sec. 5.3.1 and added minimum property standards CC, Chap. 18, Sec. 18 -63 for the rotted wood on the home. On May 31, 2012 CEO Howington conducted a re- inspection and found that the property was still not in compliance. A Notice of Hearing (NOH) was posted on Mr. Sullen's door on June 14, 2012. CEO Howington indicated that a copy of the NOH was posted at City Hall and she mailed a second copy first class to Mr. Sullen. The elements surrounding the violations for CC, Chap. 18, Sec. 18 -63 Minimum Property Standards would be that the property, structures and accessory structures including fences, shall be maintained in a safe, operational and sanitary condition with no rotted wood, fungus, mold and standing water. Both the house and fence have rotten wood. The elements surrounding the violations for CC, Chap. 38, Sec. 38 -121 Trash and Debris would be the accumulation of tree debris on the property which is located within one hundred (100) feet of other residences. The property could become infested or inhabited by rodents, vermin or wild animals or could furnish a breeding place for mosquitoes. Also the condition of this property could adversely affect the economic welfare of adjacent properties. The elements surrounding the swimming pool violation, LDC Art. V, Sec. 5.3.1 are that the pool is not being properly maintained in a good working order, the pump does not appear to be operational and chemicals are not being added to the pool. The City is asking that the respondent Mr. Mitchell Sullen be found guilty and given fourteen (14) days from the receipt of the final orders to remove all trash and debris from the property, repair or replace rotted sections of the fence and the house, properly maintain the pool including having an operable pump and chemical balance or be drained to 4', chemically treated and covered with wire mesh and wood. If compliance is not met within that time, the City asks that a fine of two hundred and fifty dollars ($250.00) per day per violation be imposed until compliance is met. The City also asks that an administrative fine of three hundred and fifty dollars ($350.00) be imposed to be paid within thirty (30) days of receipt of the final orders. CEH 06 -28 -2012 Page 8 of 10 CODE ENFORCEMENT WEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Respondent Mr. Mitchell Sullen indicated he did not receive the Notice of Violation on March 1, 2012. Respondent explained he has experienced significant personal and financial challenges which have prevented him from addressing these issues. If he had the money to make all of the repairs demanded by the City, they would have been addressed a long time ago however he is doing the best he can at this moment. Special Magistrate Goodblatt made her findings that the respondent has violated CC, Chap. 18, Sec. 18 -63 Minimum Property Standards, CC, Chap. 38, 38 -121 Trash & Debris and LDC Art. V, Sec. 5.3.1 Swimming Pools. Special Magistrate stated that the minimum property standards are not met, the cited property has fence sections missing and the house has wood rot. The pool has standing water which is black in color and is not operating in a sanitary manner. The pool does not have an operational pump or proper chemical balance to prevent the accumulation of algae. Special Magistrate Goodblatt indicated that a public nuisance exists at the property. The accumulated tree debris on the property could be infested with rodents, wild animals and could become a breeding ground for mosquitoes. The condition of the property could adversely impair the economic welfare of adjacent land owners. The property's condition is such that it may be dangerous to the public's health, safety and welfare. Special Magistrate Goodblatt stated that in order to come into compliance all wood rot on the house and fence sections must be repaired. All the debris in the yard must be removed from the property. The swimming pool must be maintained in good working order with an operable pump to circulate the water and with proper chemicals to prevent the growth of algae or the pool must be drained to the depth of four (4) feet, chemically treated and covered with wire mesh and wood. It is the order of the Special Magistrate that there will be no administrative costs at this time. The respondent will have until July 31, 2012 for the pool violations and for the violations concerning the removal of debris to come into compliance. With respect to the minimum property standard violations, which would be the wood rot around the house and the fence, the respondent will have until September 30, 2012 to come into compliance. If compliance is not met, there will be a fine of fifty dollars ($50.00) per day per violation for each day the violation continues to exist beyond the date set for compliance. CEH 06 -28 -2012 Page 9 of' 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 7. REPORTS -CASE UPDATES: Case CEH 12 -04 -836: 708 East Ct. Property was brought into compliance 8. UNFINISHED BUSINESS: None. 9. OLD BUSINESS: None. 10. NEW BUSINESS: None. 11. ADJOURNMENT: Special Magistrate Goodblatt adjourned the meeting at 8:30 pm. Amy Goodbla Special Magistrate Giselle Gonzalez, Recording Secretary CEH 06 -28 -2012 Page 10 of 10