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Special Magistrate_09-27-12_Min CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 September 27, 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 AUGUST 23, 2012 HEARING: Special Magistrate Goodblatt approved Minutes of the August 23, 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. S. 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 & Debris CC, Chap. 38 Sec. 38 -141 High Grass & Weeds LDC, Article V Section 5.3.1 Swimming Pools Morgan Avenue, LLC 1412 Meadowlark Street Longwood, FL 32750 CEH 09 -27 -2012 Page 1 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Code Enforcement Officer (CEO) Bonnie Howington indicated that the Respondent had complied and case was withdrawn. B. CEH 12 -09 -849 CC, Chap. 38 Sec. 38 -141 High Grass & Weeds CC, Chap. 38 Sec. 38 -121 Trash & Debris Law, Sean 402 E. Maine Avenue Longwood, FL 32750 Code Enforcement Officer (CEO) Brittany Kidd introduced herself and presented her case. CEO Kidd submitted photographs to be entered into evidence. CEO Kidd explained that this case involves a violation of CC, Chap. 38, Sec. 38 -121 Trash & Debris, CC, Chap. 38 Section 38 -141 High Grass & Weeds. For the Trash & Debris violation the Code states that the accumulation of garbage, trash, rubbish and other debris is prohibited and declared to be a public nuisance. This provides harborage for rodents, vermin or wild animals and may furnish a breeding place for mosquitoes. For the High Grass & Weeds violation, the Code states that the existence of excessive accumulation of untended growth, to a .height 10" or more, of weeds, grasses, undergrowth or other dead or living plant Life within 100 feet of any improved property within the City is prohibited and declared to be a public nuisance. This provides harborage for rodents, vermin or wild animals and may furnish a breeding place for mosquitoes. CEO Kidd indicated that on July 12, 2012 she issued a Notice of Violation (NOV) to comply by July 19, 2012 for the high grass & weeds and trash & debris. A copy of the NOV was certified mailed to Respondent Mr, Sean Law. CEO Kidd noted that on July 13, 2012 she received a telephone call from Respondent explaining that a tree had fallen through the roof of his home. Respondent indicated he was waiting on the insurance company to send him a check in order to proceed to clean up the property. CEO Kidd extended the compliance date to July 24, 2012. CEO Kidd stated she did a re- inspection on July 26, 2012 and found the property not in compliance. CEO Kidd indicated she contacted the Respondent and advised him that the property was still not in compliance. CEO Kidd pointed out that the Respondent told her he did not feel he needed to maintain his property to be esthetically pleasing to his neighbors. CEO Kidd noted that on July 30, 2012 CEH 09 -27 -2012 Page 2 o1 12 CODE ENFORCEMENT (-BEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Respondent contacted City Attorney Dan Langley to explain that his property fell under the Florida Friendly Landscaping Law of 2009. CEO Kidd indicated that on August 3, 2012 she researched the Florida Friendly Landscaping Law and consulted with City Attorney Gayle Owens who confirmed property was not in compliance. On August 7, 2012 CEO Kidd stated she issued a Notice of Non - Compliance to comply by August 12, 2012. She conducted a re- inspection on August 13, 2012 and found that the property was still not in compliance. CEO Kidd pointed out that on August 31, 2012 she received a telephone call from representative of Florida Friendly Yards & Neighborhoods Program. Representative explained that an inspector was sent to property located at 402 East Maine Avenue. The inspector verified that the property did not meet the F standards to be considered under the Florida Friendly Landscaping Law of 2009. CEO Kidd indicated that a re- inspection was conducted on August 31, 2012 and the property was found not to be in compliance. A Notice of Hearing was certified mailed on September 6, 2012. CEO Kidd pointed out she passed by the property on August 27, 2012 and found the property not in compliance. CEO Kidd stated the City is asking that the Respondent be found guilty of violating CC, Chap. 38, Sec. 38 -141 and CC, Chap. 38, Sec. 38 -121. The City asks that the Respondent be given five (5) days from service of final orders to comply by .mowing and maintaining the property on a regular basis and removing all trash and debris. If compliance is not met 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 fee of three hundred and fifty dollars ($350.00) is imposed to be paid within thirty (30) days of receipt of final orders. Special Magistrate Amy Goodblatt asked CEO Kidd if the property was within 100 feet of any improved property within the City of Longwood. CEO Kidd answered yes. Special Magistrate asked CEO Kidd what did the trash and debris violation consist of. CEH 09 -27 -2012 Page 3 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 CEO Kidd responded that the trash and debris consisted of tree debris and tree logs. CEO Kidd pointed out the tree debris and tree logs on the pictures submitted into evidence. Special Magistrate asked CEO Kidd if there were complaints from neighbors. CEO Kidd affirmed there were several complaints from neighbors. CEO pointed out that neighbors were present at the hearing and would like to testify. CEO Kidd also indicated that a complaint letter from a neighbor was handed to her before the meeting. CEO Kidd submitted letter into evidence.. Respondent Mr. Sean Law asked CEO Kidd if the tree debris she was referring to were the tree limbs that are currently holding the tarps used to solarize the grass of his property. CEO Kidd responded yes. Respondent asked CEO Kidd if there was evidence of rats actually being on his property. Mr. Law asked if there were any pictures showing the rats. CEO Kidd responded she did not have pictures of rats on his property. Respondent asked if the contention was that there are rats at his property or that there could be rats on his property. CEO Kidd responded that the telephone calls she received from several of his neighbors indicated they had rats in their yards due to Mr. Law's property. CEO Kidd read letter of complaint from neighbor Mrs. Ogburn who resides at 434 East Maine Avenue. The letter pointed out that their property was severely affected by Mr. Law not mowing his lawn. The lack of maintenance has caused mosquitoes, ants, moles and a bad odor. Letter was shown to Respondent and submitted into evidence. Witness Mrs. Katherine Ettman who resides at 397 East Maine Avenue testified that her cats have been seen on several occasions bringing rats, snakes and moles from Mr. Law's property. Mrs. Ettman indicated that her property is also affected by Mr. Law not maintaining his property. Mrs. Ettman pointed out that she has spent a lot of money in pesticide to kill the mosquitoes, ants, roaches, CE'H 09 -27 -2012 Page 4 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 termites and other insects found on her property due to Mr. Law's high grass and debris. Mrs. Ettman pointed out that the house is not maintained and looks like it is condemned because it has tarps all over. Mrs. Ettman indicated she is concerned of the value of her property going down due to Mr. Law's property. .Witness Mrs. Bobbie Corbitt who resides at 730 South Oak Street testified that in June during a rain storm, a pine tree located on Mr. Law's property came down and damaged her electric line. This caused her to lose electricity for two (2) days. Mrs. Corbitt indicated the tree came down because it was already rotten and Mr. Law had decided not to cut it down. Mrs. Corbitt indicated she had to pay for an electrician to repair the damages. Mrs. Corbitt stated she is retired and lives on a fixed income. Therefore, she cannot afford to pay for damages incurred because Mr. Law does not maintain his property. Witness Mr. Jeff Walters from 417 East Maine Avenue testified that the tarps on Mr. Law's roof, the dead trees in the yard and the high grass negatively affect the value of the surrounding properties. Respondent Mr. Law submitted into evidence photographs of his property, documents referring to Statutes and Ordinances regarding the Conservation of Natural Resources, documents in reference to the Florida Friendly Yards & Neighborhoods Program, publications from scientific journals and internet articles regarding environmental concerns. Respondent Mr. Law stated he believes trash and debris should be referred to manmade items and not tree limbs which are organic. Respondent indicated he uses the trees as benches for seating and does not consider items to be tree debris. The tree benches are to give an American rustic esthetic appeal to his property. Respondent indicated that the tarps on his property are used to solarize grass areas for repurposing biointensive garden beds. Respondent also stated that his grass is not high, it is the other properties that cut the grass too short. Respondent indicated he does not mow or apply pesticide because it endangers our planet Earth and the quality of its water. Respondent read articles from other sources regarding the conservation of natural resources and saving the ecosystem. Special Magistrate Amy Goodblatt reminded Respondent that he is at the hearing to provide testimony regarding the violations of high grass & weeds and trash & debris. CEld 09 -27 -2012 Page 5 of 12 CODE ENFORCEMENT (HEARING City Commission Chambers 175 West Warren Avenue Longwood, Fl_ 32750 Respondent pointed out that the State of Florida has spent millions of dollars on developing programs for the conservation of natural resources because they recognize the threat to aquifers, runoffs, pesticides, herbicides, etc. The programs are oriented to save our planet Earth, especially focusing on our biodiversity and the quality of our water. Respondent indicated that he was concerned about food and water scarcity. Special Magistrate explained that the hearing was to determine if there has been a violation of the Code regarding high grass & weeds and trash & debris. Special Magistrate explained she does not have the authority to change the Code. She advised Respondent that if he has issues with the current City Code he could attend a City Commission meeting to express his concerns. Special Magistrate noted that the Code Enforcement Hearing was to hear his testimony regarding the two violations that the City has brought forward to the meeting. Respondent explained that when the tree fell down he cut the tree and used the logs for seating. Respondent indicated that the brush piles were stacked in bundles and the remaining logs have been used to hold the tarps for biointensive gardening. Respondent explained that he would have liked to repair his roof much sooner however he is still waiting on the contractors who have been slow to respond. As to the lawn maintenance Respondent stated he uses an old fashion mower which does not require oil. Respondent indicated that because of this method, it takes him longer to mow his lawn. Respondent pointed out that he has never seen animals in his yard. Special Magistrate asked Respondent if the tree logs that lie is using to hold down the tarps are rotted. Special Magistrate also asked Respondent if he has inspected the logs for termites. Respondent indicated that the logs are dead dry wood. Respondent stated he has not seen termites in the wood. However, it is not really his business to inspect the logs since termites are very important to our ecological system. Respondent pointed out that there has never been grass above ten inches tall on his property. City Attorney Gayle Owens asked Respondent if he has consulted or met with any representative from the Florida Friendly Landscaping Program. CEH 09 -27 -2012 Page 6 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Respondent stated he spoke with Brian Neiman and Gaby. Respondent indicated that his property has more than enough points to qualify, however Brian and Gaby were concerned with the Code Compliance issue. For this reason representatives felt uncomfortable certifying the property. Representatives explained their role was more of educators and did not really want to get involved with a Code Compliance issue. City Attorney Gayle Owens pointed out that the Florida Friendly Landscaping Program does restrict municipalities from prohibiting Florida Friendly Landscaping Practices. However, the program includes principles such as using the right plant in the right place, efficient watering and attraction of wild life which she does not think that includes pests and vermin. Other practices denoted by the Florida Friendly Landscaping Program are planning and design, soil analysis, the appropriate use of solid waste and property maintenance. The City's position would be that there is nothing that prohibits the use of Florida Friendly Landscaping Principals however there has to be proper maintenance for protection of other properties within the City. This property is in violation of the City Code, which is the primary issue of this hearing. In addition, the property does not comply with the proper maintenance and other provisions denoted in the Florida Friendly Landscaping Program. Witness Damian Sapp from 706 Lakeside Drive indicated he has known the Respondent Mr. Sean Law for seven (7) months. Mr. Sapp indicated he helps the Respondent on a weekly basis to maintain the landscape. Mr. Sapp also stated that there is zero wild life on the property. Mr. Sapp pointed out that he has lived in Florida for over twenty five years and mosquitoes are common due to Florida's weather conditions. The property abuts a natural spring so probably that is where all the mosquitoes are coming from. Mr. Sapp also noted they carefully cut the fallen tree and arranged the logs for seating. Mr. Sapp stated he believes the logs should not be considered as trash & debris. Mr. Sapp pointed there are no vermin or moles on the property. Witness Kevin Walker stated he lives close to Downtown Orlando. Mr. Walker indicated he also helps maintain the landscape of the property every week. Mr. Walker explained they are just trying to conserve the heritage of this beautiful State. If anyone in the neighborhood would like to learn about what they are doing in regards to conserving the natural resources they are welcome to stop by and ask questions. Mr. Walker indicated he knows the land intimately and does not desire to bring any harm to the neighborhood. CEH 09 -27 -2012 Page 7 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Special Magistrate Goodblatt made her findings that there was an accumulation of tree debris on the cited property past the day set for compliance. The tree debris constitutes a nuisance in that the tree was rotted and dead before it fell down. The logs could furnish a breeding ground for mosquitoes, termites and rodents. There were several neighbors that served as witnesses on behalf of the City. The witnesses described a noticeable change in their landscape, cats coming back with rodents and snakes, bad smell coming from the property and other evidence which was convincing to the Special Magistrate that would constitute a public nuisance. It is also the ruling of the Special Magistrate that there was high grass and weeds present on the cited property in excess of ten (10) inches in height past the date set for compliance. The high grass and weeds would also create a breeding ground for rodents or mosquitoes and could endanger the public health, safety and welfare. The condition of the property also adversely impairs the economic welfare of adjacent land owners. Special Magistrate stated the grass and weeds must be mowed on a regular basis and maintained to a height less than ten (10) inches. The tree debris and dead logs must be removed. These items must be brought into compliance within five (5) days of the service of this Order. If there is no compliance there will be a fine of one hundred and fifty dollars ($150.00) per day per violation. The Respondent will pay an administrative fine of one hundred dollars ($100.00) within thirty (30) days of service of the Order. C. CEH 12 -09 -850 CC, Chap. 86 Sec. 86 -54 Storage of Inoperable Vehicles Davis, Amy & Kuvach, Allyson 597 Orange Avenue Longwood, FL 32750 CEO Kidd indicated that this case involved a violation of CC, Chap. 86, Sec. 86 -54, Storage of Inoperable Vehicles. The Code states that inoperable vehicles can be inside a storage building, garage, carport, side or rear yards provided that they are enclosed and screened from the street and all abutting lots by a solid fence, wall, or healthy evergreen hedge. Only one properly screened inoperable vehicle is allowed on any parcel designated as residential. An inoperable vehicle means any vehicle that cannot be immediately started and legally driven on a public street. CEO Kidd stated that on August 8, 2012 a Notice of Violation was issued. There were two inoperable vehicles parked in the front yard of property located at 597 CEH 09 -27 -2012 Page 8 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Orange Avenue. One was a green GMC SUV and the other vehicle was a silver Nissan Sentra. CEO Kidd noted that on August 17, 2012 she conducted a re- inspection. She found both vehicles still parked in the front yard. CEO Kidd indicated she issued a Notice of Non - Compliance to comply by August 21, 2012. CEO Kidd explained she conducted a re- inspection on August 22, 2012 and August 31, 2012. On both dates she found that the vehicles were still being parked in the front yard and not properly stored as required by Code. CEO Kidd indicated that a Notice of Hearing was served on Amy Davis on September 7, 2012 by Officer Racine of the Longwood Police Department. CEO Kidd submitted photographs into evidence. CEO Kidd pointed out that on September 27, 2012 she passed by the property and found that the Nissan Sentra now had a valid tag. CEO Kidd explained that she was unable to see if the green GMC SUV had a valid tag because vehicle was backed in the driveway. Special Magistrate Amy Goodblatt asked CEO Kidd if the vehicles were inoperable because the GMC SUV did not have a tag on it and the Nissan Sentra had an expired tag. CEO Kidd responded that was correct. Special Magistrate asked CEO Kidd if the Nissan Sentra came into compliance after the date set for compliance. CEO Kidd responded that was correct. The City is asking that the Respondents Amy Davis & Allyson Kuvach be found guilty of violating CC, Chap. 86, Sec. 86 -54. The City asks that the Respondents be given five (5) days from the service of the Final Orders to comply by properly storing the vehicles, placing valid tags, or removing the vehicles from the property. If compliance is not met, the City asks that a fine in the amount of two hundred and fifty dollars ($250.00) per day be imposed until compliance is met. 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 Final Orders. CEH 09 -27 -2012 Page 9 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Respondents were not present. Special Magistrate Goodblatt made her findings that the Respondents have violated CC, Chap. 86, Sec. 86 -54. There were two inoperable vehicles present in the front driveway of the cited property past the date set for compliance. The vehicles were inoperable in that the GMC SUV had no tag on it and the Nissan Sentra vehicle had an expired tag. It is also a finding of the Magistrate that the Nissan Sentra vehicle came into compliance before the hearing but after the date set for compliance. Compliance requires that inoperable vehicles must be stored in a garage, carport, side or rear yards provided that they are enclosed and screened from the street and all abutting lots by a solid 'fence, wall, or healthy evergreen hedge. To be operable the vehicles must have valid tags on them. Respondents jointly and severally are to pay administrative costs of one hundred dollars ($100.00) to be paid thirty (30) days from the service of the Final Orders. If the Respondents do not comply within five (5) days from the service of this Order, Respondents will pay a fine of fifty dollars ($50.00) per day each day the violation continues to exist beyond the date set for compliance. D. CEH 12 -09 -851 CC, Chap. 74 Sec. 74 -38 Maintenance of Stormwater Management System Collison South Seminole Family Funeral Home & Crematory, Inc. 335 E. SR 434 Longwood, FL 32750 General Manager of Collison Family Funeral Home Mr. Patrick Fulton indicated that their attorney Mr. Kip Marchman was out of the Country and for that reason they would like to request a continuance. City Attorney Gayle Owens indicated that the City had no objection. Special Magistrate Goodblatt granted a continuance for CEH 12 -09 -851. Case will be scheduled for next month's meeting. E. CEH 12 -09 -852 CC, Chap. 82 Sec. 82 -32 Occupational License Schrimsher /Raza 1155 W. SR 434, Suite 159 Longwood, FL 32750 CEH 09 -27 -2012 Page 10 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Case withdrawn and complied. F. CEH 12 -09 -853 CC, Chap. 38 Sec. 38 -141 High Grass & Weeds DiLorenzo Steven & Jean/ Bank of America 110 Cashew Court/ 301 E. Vanderbilt Way/ 7105 Corporate Dr. Longwood, FL 32750/ San Bernardino, CA 92408/ Plano, TX 75024 Case withdrawn and complied. 7. REPORTS -CASE UPDATES: None. 8. UNFINISHED BUSINESS: None. 9. OLD BUSINESS: None. 10. NEW BUSINESS: A. Jason White of Kass Shuler who represents the current titleholder, Navy Federal Credit Union has submitted a request for a representative of Kass Shuler to come before the Special Magistrate for a lien mitigation hearing on the property located at 217 Slade Lane. Case #10 -09 -801. CEO Howington indicated the case was heard in December of 2010. The fine imposed was one hundred dollars ($100.00) per day. The fine started on November 6, 2010 and ran for twenty six (26) days. In addition, there was a two hundred dollars ($200.00) administrative fee. The total amount owed is two thousand eight hundred dollars ($2,800.00). The lien was recorded on December 23, 2010. CEH 09 -27 -2012 Page 11 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Mr. John Radesky indicated he is a licensed real estate broker with Wrightchoice Realty and his client is Freddie Mac. Mr. Radesky explained the company manages the properties for Freddie Mac until they are able to sell them. Mr. Radesky noted the property was acquired a couple of months ago by Freddie Mac and his company has been maintaining it. Mr. Radesky noted that the house is under contract and scheduled to be closed. Trherefore, the lien issue needs to be addressed. Mr. Radesky asked if the fine could be reduced to the amount of two hundred dollars ($200.00). City Attorney Gayle Owens indicated that at a minimum the City would agree to six hundred dollars ($600.00). Special Magistrate Goodblatt reduced the fine to four hundred dollars ($400.00). Special Magistrate indicated the fine must be paid on or before October 25, 2012. If the fine is not paid on or before October 25 the fine will revert to the amount of two thousand eight hundred dollars ($2,800.00). B. Discuss Code Enforcement Cost Recovery proposal. CEO Howington indicated that the proposal will be discussed at next month's hearing. 11. ADJOURNMENT: Special Magistrate Goodblatt adjourned the meeting at 8:45 pm. Amy o dblatt, Special Magistrate Giselle Gonzalez, Recording Secretary CEH 09 -27 -2012 Page 12 of 1.2