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Special Magistrate_08-23-12_Min CODE ENFORCEMENT (HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 August 23, 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 JUNE 28, 2012 HEARING: Special Magistrate Goodblatt approved Minutes of the June 28, 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 rases 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 -07 -845 CC, Chap. 38 Sec. 38 -121 Trash CC, Chap. 38 Sec. 38 -141 High Grass & Weeds LDC, Article V Section 5.3.1 Swimming Pools Lopez, Jose & Julita 1412 Meadowlark Street Longwood, FL 32750 CEH 08 -23 -2012 Page 1 of 6 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Code Enforcement Officer (CEO) Kidd indicated she received a letter from Elizabeth Lopez, the daughter of Jose and Julita Lopez. She is requesting a continuance because both of her parents are ill and unable to attend tonight's meeting. CEO Kidd submitted letter into evidence. City Attorney Gayle Owens indicated the City has no objection with allowing a continuance. Special Magistrate Goodblatt granted a continuance for CEH 12 -07 -845, case will be scheduled for next month's meeting. City Attorney Gayle Owens stated that the City will re- notice the case. C. CEH 12 -08 -848 LDC, Art. VI, Sec. 6.6.1A(1) Temporary Signs, Permitting JK of Central FLA, Inc. /James Futch, DBA DJ's Gun, Gold and Pawn 211 W SR 434 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 explained that the property located at 211 W SR 434 is a multi- tenant building. The building is owned by J K of Central FL, Inc. and Mr. Jay Patel is the registered agent. The tenant located at unit 211 is DJ's Guns, Gold and Pawn, Inc. and the registered agent is James C. Futch. CEO Howington stated the case involves a violation of LDC Art. VI, Sec. 6.61A(1), which requires all temporary signs to have a valid permit. CEO Howington indicated that on June 13, 2012 at 12:30pm she issued a Notice of Violation (NOV) for a temporary trailer sign located in front of the business. The permit had expired on June 7, 2012. Compliance was given until 2:30pm of that same day June 13, 2012. CEO Howington explained she gave Mr. Futch two (2) hours to comply because this property has received a total of six Notices of Violation, five written and one verbal, concerning signage. CEH 08 -23 -2012 Page 2 of 6 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 CEO Howington stated she went back at 3:OOpm. The trailer sign had not been removed. CEO Howington indicated she mailed a copy of the NOV to the registered agent Mr. Patel. CEO Howington stated Mr. Patel copied her on a letter that was sent to Mr. Futch. The letter advised Mr. Futch that the violation needed to be corrected, if it was not corrected the lease would be terminated. ` CEO Howington indicated that a Notice of Hearing (NOH) was prepared and served on Mr. Futch on August 8, 2012 by Officer Ruiz from the Longwood Police Department. A NOH was mailed certified to Mr. Patel on August 8, 2012. CEO Howington explained that the elements surrounding this violation would be that the sign was still being used as advertisement six (6) days after the permit had already expired. The City is asking that the respondents be found guilty of violating LDC Art. VI, Sec. 6.6.1A(1) Signs, Permits. The City also asks that an administrative fee of three hundred and fifty dollars ($350.00) be imposed to be paid within thirty (30) days of receipt of the final orders. Respondent Mr. James Futch explained he has one store employee who is eighteen (18) years old. The insurance policies prevent him from Leaving an employee under the age of twenty one (21) alone in the store. For that reason, he was unable to move the sign within the two hour gap CEO Howington provided. Respondent Mr. Futch apologized and indicated it would not happen again. Mr. Futch explained they are in the process of trying to get a new sign. However, he is currently having financial difficulties and cannot afford to build a new sign which would cost him about ten thousand dollars ($10,000.00). Mr. Futch stated he uses temporary signs in order to get some visibility from the street so his business can survive. City Attorney Gayle Owens asked Respondent if he has been in violation before for having temporary signs up passed their expiration date. Respondent Mr. Futch explained that a couple of times they had forgotten to take down the temporary signs. City Attorney Gayle Owens asked Respondent if he was aware that temporary signs have an expiration date. Respondent Mr. Futch indicated that he is now aware. CEH 08 -23 -2012 Page 3 of 6 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Special Magistrate Goodblatt explained to the Respondent that temporary sign permits have a date of when the sign is to come down. The City has indicated Respondent has received a total of five written Notices of Violation concerning signage. Special Magistrate indicated she wanted Respondent to understand this is not a reminder system. The City is spending money each time they have to go out to issue a Notice of Violation because a temporary sign has not been taken down. Special Magistrate Goodblatt made her findings that the respondent has violated LDC, Art. VI, Sec. 6.6.1A(1) Temporary Signs, Permitting. A temporary sign was present on the cited property past the expiration of the permit and past the two hours provided to come into compliance. This is the fifth time since March 2011 that the City has been out to the property for signage violations. The Respondent has come into compliance on all occasions and is currently in compliance. It is the order of the Special Magistrate that there will be an administrative fine jointly and severally against the landlord and the tenant. The fee will be two hundred dollars ($200.00). Special Magistrate explained that if another violation occurs and a temporary sign is left up past the expiration of the permit, no time will be provided to come into compliance since it will be considered a repeat offense. B. CEH 12 -08 -847 CC, Chap. 86, Sec. 86 -83 Boats, Trailers & RV Parking Welch, Jessica 668 Georgia Avenue Longwood, FL 32750 Code Enforcement Officer (CEO) Kidd introduced herself and presented her case. CEO Kidd submitted photos to be entered into evidence. CEO Kidd explained that CC, Chap. 86, Sec. 86 -83 states boats, trailers and recreational vehicles (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 indicated that on June 28, 2012 there was a boat parked in the side yard of 668 Georgia Avenue. A notice of Violation (NOV) was issued and a copy was certified mailed to Jessica Welch. CEH 08 -23 -2012 Page 4 of 6 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 CEO Kidd did a re- inspection on July 5, 2012. She observed the boat was still . parked in the side yard. A Notice of Non- Compliance (NNC) was issued to comply by July 7, 2012. On July 9, 2012 CEO Kidd did another re- inspection, the boat was parked on the other side of the house in the side yard. A Notice of Hearing (NOH) was served on Jessica Welch on August 8, 2012 by Officer Joe Rodriguez of the Longwood Police Department. CEO Kidd pointed out that Jessica Welch was cited for this same violation in April of 2012. At that time CEO Kidd indicated she had spoken with a gentleman named Ernie who requested an extension to come into compliance so he could find a place to store his boat. The property did come into compliance on May 8, 2012. The elements surrounding this violation would be that the boat was parked in the side yard, visible from the street and not enclosed or screened as required by Code. The City is asking that the respondent be found guilty of violating CC, Chap. 86, Sec. 86 -83. The City is asking that the Respondent be given five (5) days from service of the final orders to comply by properly enclosing or screening the boat, or removing the boat from the property. If compliance is not met, the City asks that a fine of two hundred and fifty dollars ($250.00) per day be imposed until compliance is met. The City would also ask that an administrative fee of three hundred and fifty dollars ($350.00) be imposed to be paid within thirty (30) days of receipt of the final orders. Special Magistrate Goodblatt made her findings that the respondent has violated CC, Chap. 86, Sec. 86 -83 Boats, Trailers & RV Parking. A boat was parked in the front or side yard of the cited residential property, which was not enclosed in accordance with the City Code past the date set for compliance. In order to come into compliance the boat must either be removed or stored in side or rear yard provided it is enclosed and screened from the street and all abutting lots by a solid fence, wall or healthy evergreen hedge. It is the order of the Special Magistrate that the respondent will pay an administrative fine of two hundred dollars ($200.00) within thirty (30) days of service of the order. The Respondent will have five (5) days from the date of service of this order to come into compliance or the respondent will pay a fine of one hundred dollars ($100.00) per day for each day the violation continues to exist beyond the date set for compliance. CEH 08 -23 -2012 Page 5 of 6 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 7. REPORTS -CASE UPDATES: Case CEH 12 -06 -840: 1101 Reams Street 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 Go I dblatt, Special Magistrate Giselle Gonzalez, Recording Secretary CEH 08 -23 -2012 Page 6 of 6