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Special Magistrate_11-26-12_Min CODE ENFORCEMENT HEARWG City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 November 26, 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 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 SEPTEMBER 27, 2012 HEARING: Special Magistrate Goodblatt approved Minutes of the September 27, 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 -09 -851 CC, Chap. 74 Sec. 74 -38 Maintenance of Stormwater Management System Collisons South Seminole Family Funeral Home & Crematory, Inc. CEH 1.1 -26 -2012 Page 1 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 335 E. SR 434 Longwood, FL 32750 Code Enforcement Officer (CEO) Bonnie Howington indicated that the Respondent had complied and case was withdrawn. B. CEH 12 -10 -854 CC, Chap. 14 Sec. 14 -5 Prohibited Animals Afruha & Deela Chowdhury 1793 Grange Cir. Longwood, FL 32750 Code Enforcement Officer (CEO) Bonnie Howington indicated that the Respondent had complied and case was withdrawn. C. CEH 12 -10 -857 CC, Chap. 82 Sec. 82 -32 Occupational Licenses Warren & Patricia Wahl and JR's Off Road, LLC, Kenneth E. Wing, Jr. 702 Commerce Cir. Longwood, FL 32750 Code Enforcement Officer (CEO) Bonnie Howington indicated that the case was withdrawn. D. CEH 12 -10 -858 LDC Article X, Section 10. 1.0 Construction Permits FBC Section 105.1 Permits Laurance Lingvay & Jessica M. Crane 774 E. Orange Ave. Longwood, FL 32750 Code Enforcement Officer (CEO) Bonnie Howington indicated that the case withdrawn. E. CEH 12 -10 -859 CC, Chap. 78 Sec. 78 -1 Private Use of ROW CC, Chap. 86 Sec. 86 -54 Storage of Inoperable Vehicles CC, Chap. 86 Sec. 86 -83 Boats, Trailers and RV Parking CEH 11 -26 -2012 Page 2 of 10 CODE ENFORCEMENT HEAMNG City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Carl S. Canals and Carlotta E. Hernandez 846 Woodcrest Cove Longwood, FL 32750 Code Enforcement Officer (:CEO) Howington introduced herself and presented her case. CEO Howington pointed out that the Codes which have been violated were CC, Chap. 78, Sec. 78 -1 Private Use of ROW, CC, Chap. 86, Sec. 86 -54 Storage of Inoperable Vehicles and CC, Chap. 86, 86 -83 Boats, Trailers and RV Parking. CEO Howington noted that on October 3, 2012 an anonymous complaint was received regarding the number of vehicles always parked at this location. Some of the vehicles were reported as being worked on and some were reported as obstructing the sidewalk. CEO Howington indicated she went to the residence and found three vehicles in the drive way. These vehicles were a black jeep with no tag, a silver vehicle and a Hummer with a dealer tag. CEO Howington pointed out there was also a smaller black vehicle parked in the cul -de --sac at the rear of the Hummer and a trailer with two jet skis parked partially in the drive way and over the sidewalk. CEO Howington noted that both the Hummer and the trailer were in fact obstructing the sidewalk. CEO Howington submitted photographs for evidence. CEO Howington stated that a Notice of Violation was written for obstructing the right of way, CC, Chap. 78, Sec. 78 -1, Improper storage of inoperable vehicles CC, Chap. 86, 86 -54 and Improper storage of boats, trailers and RV's, CC, Chap. 86, 86 -83. The compliance date for the improper storage of the inoperable vehicles was October 4, 2012. The trailer with the .jet skis and the vehicle were to be moved immediately from the right of way. CEO Howington explained the reason she only gave 24 hours to comply for the inoperable vehicles and the trailer parking was because this was the eighth time the Respondents had been cited for improperly storing boats, trailers and RV's and the sixth time they had been cited for improper storage of inoperable vehicles. CEO Howington pointed out that Mr. Canals operates a car lot in the City and has been advised numerous times that the vehicles from the car lot should not be brought to his residence to be stored or worked on. CEO Howington indicated she did a re- inspection on October 4, 2012 and the trailer with the jet skis had been moved to the other side of the driveway. The CEH 11 -26 -2012 Page 3 of 10 CODE ENFORCEMENT HEARMG City Commission Chambers 175 West Warren. Avenue Longwood, FL 32750 Jeep had been backed into the side yard in front of the fence so the tag could not be seen. However, the Hummer was still obstructing the sidewalk. CEO Howington stated she passed by the property October 5, 2012. The jeep was still in the front yard against the fence, the trailer was still in the driveway and the Hummer was still blocking the driveway. For this reason, CEO Howington explained she prepared the Notice of Hearing. CEO Howington noted that on October 11, 2012 Mr. Canals went to the office to speak with her. Mr. Canals explained he had moved the jet skis into the back yard and had also moved the Jeep. CEO Howington asked Mr. Canals if the Hummer was still blocking the sidewalk. Mr. Canals indicated he had not seen that violation. However, he would move the Hummer immediately. CEO Howington stated Mr. Canals asked if he still would have to go before the Special Magistrate. CEO Howington explained that he would still need to attend the hearing because of the numerous times in the past he has been cited for the same violations. CEO Howington re- inspected the property on October 15, 2012. The trailer was gone, the Hummer had been moved from the sidewalk and the inoperable vehicle was no longer at the residence. All the violations had been corrected. CEO Howington stated the Notice of Hearing was served on Mr. Carl Canals on November 2, 2012. CEO Howington stated that the elements surrounding these violations would be that there were vehicles, a truck and a trailer obstructing the sidewalk. Chapter 78, 78 -1 states that there shall be no private use of streets or other public right - of -ways. By having the sidewalk blocked, it denied residents use of the sidewalk. As for the storage of inoperable vehicles, the Code specifically states that only one inoperable vehicle is permitted on any parcel and that the inoperable vehicle must be stored in a garage, carport or in the side or rear yard of the residence and screened on all sides with a 6' solid fence, wall or dense hedge. Mr. Canals inoperable vehicle was first in the driveway and then in the front yard. The trailer was also stored in the driveway when it should have been stored in the garage or in the side or rear yard appropriately screened as per Code. CEO Howington indicated she -did a� re- inspection of the property today and found no inoperable vehicles. However, due to the number of vehicles at the CEH 11 -26 -2012 Page 4 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 residence, Respondents have had to place their garbage can in the middle of the cul -de -sac. On the date of this Hearing, a vehicle was parked at the cited property obstructing the right -of -way. At no time should Mr. Canals' vehicles or garbage be obstructing the cul -de -sac. CEO Howington pointed out that Mr. Canals has been cited eight times for improper storage of inoperable vehicles. Due to the number of times the City has issued notices to the Respondents, the City asks that the Respondents be found guilty. Since the violations for inoperable vehicles and boats, trailer and RV's are now in compliance, there will be no need to impose fines at this time. However, as for the violation of private use of right of way the City asks that the Respondent be given until tomorrow 12 noon, November 27' 2012, to remove the vehicle from the right of way. If compliance is not met, the City asks that a fine of $250.00 per day be imposed until compliance is met. The City also asks that due to the number of times Code Enforcement has had to issue notices, that an administrative fee of $350.00 be imposed to be paid within 30 days of the receipt of final orders. Respondent Mr. Carl Canals explained they have a large family and for that reason they own several vehicles. Mr. Canals explained that all their vehicles do not fit in the driveway. However, they do make a strong effort to park the cars as close as possible. Mr. Canals stated he has lived in this same property for 15 years and has never had issues with any of the neighbors. Respondent acknowledged they own a car dealership. However he wanted to point out that none of the vehicles has ever gotten repaired at the residence. Respondent indicated that the jeep parked at the residence was not moved because he was out of town and no one in his household could drive a stick shift. Special Magistrate explained to the Respondent that no one was accusing him of fixing cars at his property. The allegation was that a car without a valid tag was parked in the driveway and not properly stored or screened as required by Code. Respondent indicated he understood. Special Magistrate explained to the Respondent that the issue is not that the neighbors complained. The issue is that the City has a Code that needs to be followed. Special Magistrate explained that emergency vehicles cannot get in easily if vehicles are not parked properly. CEH 11 -26 -2012 Page 5 of 1-0 CODE ENFORCEMENT HEAWNG City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Special Magistrate made the following findings. A vehicle and trailer were parked on the public right of way which constituted a private use past the time set for compliance. An inoperable vehicle, which was a Jeep, was parked in the driveway in 'front of the cited property without being properly stored. The vehicle was inoperable because it did not have a tag and therefore could not be legally driven on a public street. The vehicle and trailer were not properly stored past the date set for compliance. Special Magistrate indicated that all violations came into compliance after the date set for compliance. Special Magistrate noted that the right of way vehicle obstruction reoccurred on the date of the Code Enforcement Hearing. It is the order of the Special Magistrate that the Respondents shall maintain full compliance with the ordinances and rules of the City of Longwood. The Respondents have violated City Code, Chapter 78, Section 78 -1, City Code, Chapter 86, Section 86 -54, and City Code, Chapter 86, Section 86 -83. More than two boats and trailers were stored at the cited property. Compliance requires that the vehicle in the public right of way must be moved immediately, within 24 hours from the date of this hearing. There will be an administrative cost of $250.00 to be paid within 30 days of service of the final order. If the vehicle is not moved within 24 hours, the Respondents will pay a fine of $50.00 per day each day the violation continues to exist beyond that date set for compliance. Special Magistrate indicated she is not imposing a fine related to the other violations. Special Magistrate noted to the Respondent that if he is in violation again, he will be a repeat violator and will be fined up to $500.00 per day. There will be no time given to come into compliance. F. CEH 12 -11 -860 CC, Chap. 86, Section 86 -83 Boat, Trailer & RV Parking Linda Faulkner 1046 1" Place Longwood, FL 32750 Code Enforcement Officer (CEO) Bonnie Howington indicated that the case was withdrawn. Respondent Mr. Robert Faulkner attended the meeting. Mr. Faulkner apologized and indicated that he works two jobs and for that reason he was unaware that the case was taken off the agenda. G. CEH 12 -11 -861 CC, Chapter 38, Section 38 -141 High Grass Weeds Shafaat & Karamat Syed CEH 11 -26 -2012 Page 6 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 632 Land Avenue Longwood, FL 32750 Code Enforcement Officer (CEO) Howington indicated that the Respondent had complied and case was withdrawn. I. CEH 12- .03 -834R CC, Chap. 38, Section 38 -121 Trash & Debris REPEAT Madsen /Barr, Property Owners and Sun Burst Trees and Lawn Care, Inc., Edward R. Cooley, Registered Agent 109 Applewood Drive Longwood, FL 32750 Code Enforcement Officer (CEO) Howington introduced hersE!lf and presented her case. CEO Howington indicated this case was a repeat violation and submitted photographs into evidence. CEO Howington explained that the Respondents were brought before the Special Magistrate on March 22, 2012. Respondents were found guilty of bringing in lawn debris and dumping it onto the ground. At that time Respondents were ordered to remove all trash and debris that was currently on the property. Respondents were also ordered to keep the property free of debris in the future. CEO Howington stated that on October 17, 2012 she passed by the property at approximately 6:15am. There was a pile of debris partially hidden behind some trucks. CEO Howington noted she issued a Notice of Repeat Violation and posted it on the front door of the business. It was noted on the notice this was a repeat violation and that per FS 162 no time for compliance is required. CEO Howington mailed a copy of the Notice of Violation to the property owners and the registered agent by certified mail. CEO Howington did a re- inspection on October 24, 2012 . at 8:20am. The. pile of debris was still at the same location. CEO Howington went back to the property on October 27, 2012 and the pile of debris was still at the location. For this reason, CEO Howington indicated that a Notice of Hearing was prepared and mailed certified to Mr. Madsen, Mr. Barr CEH 11 -26 -2012 Page 7 of 10 CODE ENFORCEMENT HEAMNG City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 and Mr. Cooley. On November 1, 2012 a copy of the Notice of Hearing was served. CEO Howington explained that the elements that surround this case would be that by piling debris onto the ground, it could reasonably become infested or inhabited by rodents, vermin or wild animals, and it could provide a breeding ground for mosquitoes. CEO Howington also noted that the property is located within 100 feet of residential property. CEO Howington passed by the property on November 19, 2012 at 4:45pm and saw that the pile of debris was much smaller. On November 15, 2012 she passed by the property there was no change. CEO Howington passed by the property again on the day of the hearing, November 26, 2012 and saw that the pile had been removed. CEO Howington pointed out that this is a repeat violation. The Respondents were cited on October 17, 2012 and did not come into compliance until sometime between November 18, 2012 and November 26, 2012. This would be a total of 33 days of non - compliance. CEO Howington stated that City is asking that the Respondents be found guilty as a repeat violator CC, Chap. 38, 38 -121 trash and debris. The City also asks that since this is a repeat violation, a fine of $500.00 per day be imposed for each day the repeat violation continued to exist. This would come to a total of $16,500.00. The City also asks that an administrative fee of $430.00 be imposed and paid within 30 days of receipt of the final orders. Respondent Mr. Robert Burleson, employee of Sunburst Trees and Lawn Care, acknowledged there was debris on the property as CEO Howington stated. Mr. Burleson also acknowledged this is a repeat offense. Mr. Burleson informed they have recently established an account with the transfer station. This would mean that from now on, all the debris will be going directly to the transfer station and will not be taken to the property. Special Magistrate made her findings that the Respondents jointly and severally are repeat offenders by violating CC, Chap. 38, 38 -121. Respondents were first found in violation of this City Code provision in an order dated April, 2012. Since that time trash, debris and lawn debris have accumulated on this property for 33 days consecutively and were not removed daily as requested by the April, 2012 order. The debris accumulated within 100 feet of improved property within the CEH 11 -26 -2012 Page 8 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 City of Longwood. The accumulation of debris created a public nuisance. The property is or may have become infested with rodents, wild animals and mosquitoes. Also its appearance negatively impacts the property value of adjacent properties. It is the order of the Special Magistrate and based on the foregoing, that the Respondents shall continue to comply with the previous order of April, 2012 in which the trash and debris shall be rernoved daily. The violation is of CC, Chap. 38, 38 -121 as repeat offenders. Respondents are jointly and severally to pay an administrative cost of $430.00. Those costs are to be paid within 30 days of service of this order. The Respondents jointly and severally are also to pay a fine of $75.00 per day for each day the violation continued to exist for 33 days, the total being $2,475.00. This fine is to be paid within 15 days of service of this order. 7. REPORTS -CASE UPDATES: None. 8. UNFINISHED BUSINESS: None. 9. OLD BUSINESS: None. 10. NEW BUSINESS: A. Discuss Code Enforcement Cost Recovery proposal. Gayle Owens City Attorney explained that an administrative fee is requested by Code Enforcement Officers when a case is brought to a Code Enforcement Hearing. This fee is to help cover the costs incurred when a property owner does not come into compliance. Examples of such costs are time, mileage, postage expenses and attorney reviews. In the future the Code Enforcement. Officers would like to provide to Special Magistrate an itemized cost recovery sheet for each case brought to a hearing. Special Magistrate noted she prefers to have an itemized list which explains the reason for the requested fees. CEH 11 -26 -2012 Page 9 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 11. ADJOURNMENT: Special Magistrate Goodblatt adjourned the meeting at 8:00 j . I _ Amy Goof! latt, Special Magistrate Giselle Gonzalez, Recording Secretary CEH 11 -26 -2012 Page 10 of 10