Special Magistrate_01-24-13_MinCODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
January 24, 2013 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 NOVEMBER 26, 2012 HEARING:
Special Magistrate Goodblatt approved Minutes of the November 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 13-01-863 CC, Chap. 86, Sec. 86-83 Boat, Trailer & RV Parking
Rust, Gerald & Arlene-P/O
King, Jr., David Allen -Tenant
757 East Land Avenue
Longwood, FL 32750
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CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
Code Enforcement Officer (CEO) Kidd indicated the case was withdrawn as
complied.
B. CEH 13-01-864 CC, Chap. 38, Sec. 38-141 High Grass &
Weeds
Sauer, Joshua & Jeremiah
112 Dellwood Drive
Longwood, FL 32750
Code Enforcement Officer (CEO) Brittany Kidd indicated the case was withdrawn
as complied.
C. CEH 13-01-865 CC, Chap. 86, Sec. 86-83 Boat, Trailer & RV
Parking
Bank of New York Indenture TR-P/O
Attia, Michelle -Tenant
841 Seminole Avenue
Longwood, FL 32750
Code Enforcement Officer (CEO) Kidd indicated the case was withdrawn as
complied.
D. CEH 13-01-866 CC, Chap. 18, Sec. 18-221 Outdoor Storage
CC, Chap. 78, Sec. 78-1 Pvt. Use of ROW
James & Marcy Weed
293 E. Longcreek Cove
Longwood, FL 32750
Code Enforcement Officer (CEO) Howington introduced herself and presented
her case. CEO Howington explained that this case involved two violations, one
for Outdoor Storage, CC, Chap. 18, 18-221 and the other for Private Use of Right
of Way, CC, Chap. 78, 78-1
CEO Howington noted she received an email back in October 2012 from Mr.
David Dieska. Mr. Dieska is the President of the Homeowners Association (HOA)
for Longwood Green. Mr. Dieska explained in his email that the HOA had
received a letter from their insurance company. The letter indicated that the
basketball goal located in the right of way of the property 293 E. Longcreek Cove,
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CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
had an impact on the safety of the community and advised it should be
removed.
CEO Howington explained Mr. Dieska stated in his email that the HOA had sent a
letter to the property owners, James and Marcy Weed, informing them about
the recommendation of the insurance company. In addition, the HOA had
included a copy of the Longwood City Code, Chapter 78, 78-1 Private Use of
Right of Way. The letter to the property owners explained that the lots of the
subdivision begin approximately fifteen (15) feet from the edge of the pavement
and do not border the paved streets.
CEO Howington stated that Mr. Dieska had indicated the HOA decided to contact
Code Enforcement because property owners would not comply with the
requests of the HOA.
CEO Howington pointed out that the City does not get involved with HOA rules
and regulations. However, CC, Chap.78, 78-1 does prohibit the Private Use of the
Right of Way. CEO Howington submitted photographs into evidence. CEO
Howington explained that the pictures show the basketball goal in the grass area
located at the edge of the street in front of a utility box. The utility box is in the
right of way and the front of the utility box is eleven (11) feet from the edge of
the street.
CEO Howington stated she issued a Notice of Violation on November 2, 2012
citing CC, Chap. 78, 78-1, Private Use of Right of Way and advising that the
basketball must be moved from the Right of Way onto Private Property.
CEO Howington indicated that while inspecting the property, she also noticed
there was Outdoor Storage in front of the garage. The Outdoor Storage consisted
of miscellaneous items such as five gallon buckets, a table, wood, a gas can and a
large box. CEO Howington submitted photographs into evidence. CEO Howington
explained she added the violation CC, Chap. 18, 18-221 to the Notice of
Violation.
CEO Howington pointed out that there was also a white trailer parked at the side
of the property not properly screened as required by CC, Chap. 86, Sec. 86-83.
CEO Howington indicated that violation was also added to the Notice of
Violation. CEO Howington noted that this violation was found to be in
compliance during one of her subsequent re -inspections. For this reason, this
violation was not included in the Notice of Hearing.
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CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
CEO Howington stated that both violations CC, Chap. 18-221 Outdoor Storage
and CC, Chap. 78 Sec. 78-1 Private Use of Right of Way were to be corrected by
November 9, 2012. CEO Howington noted that re -inspections were conducted
on November 27, 2012, December 6, 2012, and December 17, 2012. A Notice of
Hearing was served on James A. Weed Jr. on December 19, 2012 by Officer Kevin
Tuck of the Longwood Police Department.
CEO Howington stated that the elements surrounding CC, Chap. 78, 78-1, would
be that there is to be no public use of the Right of Way. The basketball goal is
located in the Right of Way. As for the elements surrounding the Outdoor
Storage, CC, Chap. 18, 18-221 the Code states that Outdoor Storage in front
yards is prohibited.
CEO Howington conducted a re -inspection on the day of the Code Enforcement
Hearing, January 24, 2013. CEO Howington found that the outdoor items were
removed. However, the basketball goal was still in the Right of Way.
CEO Howington stated that the City is asking that the Respondents be found
guilty of violating, CC, Chap. 78, 78-1 Private Use of Right of Way and CC, Chap.
18, 18-221 Outdoor Storage. The City is asking that the Respondents be given
forty eight (48) hours from this date to remove the basketball goal from the
Right of Way or a fine of two hundred and fifty dollars ($250.00) per day be
imposed until compliance is met. The City is also asking for an Administrative Fee
of two hundred and thirty dollars with eighty three cents ($230.83). The
administrative fee is based upon the cost recovery sheet submitted to Special
Magistrate. The City is requesting that this administrative fine be paid within
thirty (30) days of receipt of final orders.
Mr. David Dieska, who spoke as a witness for the City, indicated he was the
President of the HOA for Longwood Green. Mr. Dieska explained that the HOA
had contacted Code Enforcement as a last resort. Mr. Dieska stated HOA
exhausted all means to request Property Owners, James and Marcy Weed, to
remove the basketball goal from the Right of Way. Mr. Dieska explained that the
reason why HOA is requesting basketball goal to be removed from the Right of
Way is because their Insurance Company noted it was a high risk factor. Mr.
Dieska explained that the Insurance Company conducted an audit on the
subdivision. The audit pointed out five risk factors within the subdivision. The
insurance company informed that if these five risk factors were not addressed,
the insurance rate of the subdivision would increase. Of these five risk factors,
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CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
two were in regards to basketball goals being in the Right of Way. The other
property which had a basketball goal in the Right of Way moved it immediately
after receiving the letter from the HOA.
Mr. Dieska submitted into evidence the recommendation letter from Tower Hill
Insurance and a copy of a plat from Longwood Green showing the Lots and Right
of Ways.
Respondents, James and Marcy Weed, explained that the items pointed out as
Outdoor Storage were construction materials temporarily placed outside
because they were doing work on their home. Respondent Marcy Weed
explained they own a tiling company and many times her husband comes back
really late from work. Due that reason the trailer and buckets were left outside.
However, Respondent noted that the Outdoor Storage and trailer were already
removed.
Respondent Marcy Weed stated they removed basketball goal from the Right of
Way before the Code Enforcement Hearing. Respondent Marcy Weed indicated
they had not removed the basketball goal before because she did not believe it
would cause any harm if it was located in the grass area in front of her property.
Respondent explained she is responsible for maintaining that grass area so she
did not know it was considered a Right of Way. Respondent also pointed out that
the basketball goal has been in the same location for seven (7) years so she does
not understand why it suddenly was a problem. Respondent stated that the
Insurance Company of the HOA is the same company she has her homeowner's
insurance with. The Insurance Company has never told her that the location of
the basketball goal was a high risk factor.
Special Magistrate Amy Goodblatt explained that even though the company is
the same, this does not mean that the Property owners' homeowners' insurance
covers the same risks as the Association's homeowner's insurance.
Respondent Marcy Weed stated she has never met the current President of the
HOA. Respondent wanted to point out she has never had any problems with her
neighbors so she could not imagine anyone complaining.
Respondent Marcy Weed indicated she was not trying to violate the Code, she
did not know the grass area in front of her property was a Right of Way.
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CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
Special Magistrate Amy Goodblatt found respondents guilty of violating CC,
Chap. 18 Sec. 18-221 Outdoor Storage and CC, Chap. 78 Sec. 78-1 Private Use of
Right of Way. Special Magistrate indicated that the violation of Outdoor Storage
from the Notice of Violation of November 2, 2012 is in compliance. Special
Magistrate pointed out there is no legal proof that the basketball goal was
removed from the Right of Way before the Code Enforcement Hearing. For that
reason she is giving the Respondents three (3) days from the service of final
orders to remove the basketball goal from the Right of Way. If compliance is not
met, Respondents will pay a fine of twenty five dollars ($25.00) per day for each
day the violation continues to exist. Special Magistrate ordered Respondents to
pay an Administrative Fee of two hundred and thirty dollars with eighty three
cents ($230.83) to the City within thirty (30) days of receipt of final orders.
E. CEH 13-01-867 LDC, Art. X, Sec. 10.1.0 Construction Permit
FBC, Sec. 105.1 Construction Permit
Three-D Sac Self Storage LP-P/O
U-Haul Self Storage -Tenant
650 N CR 427
Longwood, FL 32750
Code Enforcement Officer (CEO) Kidd indicated the case was withdrawn as
complied.
F. CEH 13-01-868 CC, Chap. 38 Sec. 38-121 Trash and Debris
CC, Chap. 38 Sec. 38-141 High Grass &
Weeds
CC, Chap. 18 Sec. 18-63 Minimum Property
Standards
Robert & Jennie McCown
708 East Court
Longwood, FL 32750
Code Enforcement Officer (CEO) Brittany Kidd indicated Respondents were
currently incarcerated. CEO Kidd submitted letters into evidence which indicated
Respondents were at the John E. Polk Correctional Facility.
CEH 01-24-2013 Page 6 of 11
CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
CEO Kidd indicated this case involved a violation of CC, Chap. 38, Sec. 38-141
High Grass & Weeds, CC, Chap. 38 Sec. 38-142 Trash & Debris and CC, Chap. 18
Sec. 18-63 Minimum Property Standards.
CEO Kidd noted that the grass and weeds of the property were taller than ten
(10) inches. This constitutes a violation of CC, Chap. 38, Sec. 38-141 High Grass &
Weeds. CEO stated there were miscellaneous pieces of wood in the driveway of
their property. This constitutes a violation of Chap. 38 Sec. 38-142 Trash &
Debris. The Code states that the accumulation of garbage, trash, rubbish and
other debris is prohibited and declared a public nuisance. CEO Kidd explained
that the fence of the property located next to the sidewalk was falling down.
CEO Kidd explained the Code states that all buildings, structures, accessory
structures including fences, electrical, etc., and all parts thereof, shall be
maintained in a safe, operational and sanitary condition. All building structures
and accessory structures shall be free of rotten wood, fungus, mold and standing
water.
CEO Kidd submitted photographs into evidence.
CEO Kidd explained that on November 12, 2012 she conducted an inspection on
the property. She observed high grass and weeds in the side and back yards,
miscellaneous pieces of wood in the driveway and the fence on the property was
falling down. For these reasons, she issued a Notice of Violation to comply by
November 19, 2012. In addition to posting the Notice of Violation on the front
door, CEO Kidd contacted Mrs. Linda Holliday, Jennie McCown's mother. CEO
Kidd explained she was told by Longwood Officers that Mrs. Holliday was the
contact person for any issues regarding the property. Mrs. Holliday confirmed
she had a power of attorney for Jennie McCown. Mrs. Holliday stated she and
her husband were currently taking care of the property. Mrs. Holliday informed
CEO Kidd that Bank of America was taking over the property. Mrs. Holliday asked
CEO Kidd to email her a copy of the Notice of Violation. CEO Kidd stated she
emailed a copy of the Notice of Violation to Mrs. Holliday and Bank of America.
CEO Kidd stated she contacted Bank of America on two occasions. CEO Kidd was
informed by bank personnel that an inspection had been conducted on the
property. As result of the inspection, the bank determined the property was
occupied and therefore could not cure the stated violations. CEO Kidd called
Mrs. Holliday on December 5, 2012 and left a voicemail to advise her of the
outcome of the inspection conducted by the bank.
CEH 01-24-2013 Page 7 of 11
CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
CEO Kidd indicated she did not receive a call back from Mrs. Holliday. However,
CEO Kidd stated she did receive several telephone calls and emails from Mr.
Charles Estes. Mr. Estes identified himself as a friend of Mrs. Holliday. CEO Kidd
explained to Mr. Estes that she was not able to communicate with him regarding
the property because he was not the property owner nor did he have a power of
attorney on behalf of the owners.
CEO Kidd stated she did a re -inspection of the property on December 18, 2012.
The property had not been mowed, the miscellaneous wooden items were still in
the driveway and the fence had not been repaired or replaced. The fence is
currently obstructing the sidewalk. For these reasons CEO Kidd indicated she
issued a Notice of Hearing. The Notice of Hearing was certified mailed to Robert
McCown, Jennie McCown and Linda Holliday. CEO Kidd indicated she received all
certified mail green cards back.
CEO Kidd pointed out she did a re -inspection of the property on the day of the
Code Enforcement Hearing, January 24, 2013. CEO Kidd found that none of the
violations had been cured.
CEO Kidd stated the City was asking that the Respondents Robert and Jennie
McCown be found guilty of violating CC, Chap. 38, Sec. 38-141, CC, Chap. 38, Sec.
38-121 and CC, Chap. 18, Sec. 18-63. The City requested that the Respondents be
given five (5) days from service of final orders to comply by mowing and
maintaining the property on a regular basis, removing all of the wooden items
from the driveway and obtain a permit to repair or replace the fence. If
compliance is not met, the City requested that a fine of two hundred and fifty
dollars ($250.00) per day per violation be imposed for each day the violation
continue to exist until compliance is met. The City also requested an
Administrative Fee of two hundred and forty eight dollars with eight cents
($248.08). The Administrative Fee is based upon the cost recovery sheet
submitted to Special Magistrate. The City requested that the Administrative Fee
be paid within thirty (30) days of receipt of final orders.
Special Magistrate Amy Goodblatt found respondents guilty of violating CC,
Chap. 38 Sec. 38-121 Trash & Debris, CC, Chap. 38 Sec. 38-141 High Grass &
Weeds and CC, Chap. 18 Sec. 18-63 Minimum Property Standards. Special
Magistrate ordered Respondents to pay an Administrative Fee of two hundred
dollars ($200.00) to the City within thirty (30) days of receipt of final orders. If
compliance is not met within thirty (30) days of service of the Order,
Respondents will pay a fine of fifty dollars ($50.00) per day per violation.
CEH 01-24-2013 Page 8 of 11
CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
G. CEH 13-01-869 LDC Art. X, Sec. 10.1.0 Construction Permit
FBC, Sec. 105.1 Construction Permit
FEHM, Inc. Ste. 1128
976 Florida Central Pkwy.
Longwood, FL 32750
Code Enforcement Officer (CEO) Howington indicated the case was withdrawn as
complied.
H. CEH 13-01-870 LDC Art. X, Sec. 10.1.0 Construction Permit
FBC, Sec. 105.1 Construction Permit
H & V Comercial, LLC
Hitesh Kotecha, Registered Agent
820 E SR 434
Longwood, FL 32750
Code Enforcement Officer (CEO) Howington indicated the case was withdrawn as
complied.
I. CEH 13-01-871 CC, Chap. 82, Sec. 82-32 Occupational
Licenses
Ayman & Co., LLC-P/O
Americare Patient Assistance, Inc. d/b/a
ILearning Foundation Inc. —Tenant
420 E SR 434, Unit A-3 & A-B
Longwood, FL 32750
Code Enforcement Officer (CEO) Kidd indicated the case was withdrawn as
complied.
7. REPORTS -CASE UPDATES:
CEO Howington submitted Code Case Update Report to Special Magistrate.
CEH 01-24-2013 Page 9 of 11
CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
8. UNFINISHED BUSINESS:
None.
9. OLD BUSINESS:
None.
10. NEW BUSINESS:
A. Mitchell L. Sullen, (property owner of 200 Columbus Cir., #12-06-844) has
requested to come before the Special Magistrate in response to the Order
Imposing Fine/Lien.
Respondent Mr. Sullen explained he had limited financial resources.
However, he has done an effort to cure the violations addressed by Code
Enforcement. For this reason, he would like to request that the
administrative fine and lien be dismissed.
Mr. Sullen indicated he has cleared most of the debris from his house,
repaired the fence and done the best he could to clean the pool with the
limited financial resources he has. Mr. Sullen stated he will continue to make
progress and maintain the property the best he can.
CEO Howington explained to Special Magistrate that she has not been invited
by the homeowner to conduct a re -inspection of the property. It is difficult to
re -inspect fully the property without having access.
Special Magistrate indicated to the Respondent that she would like him to
invite Code Enforcement out to his property to conduct a re -inspection.
Special Magistrate would like that the results of the re -inspection be
presented in the March Code Enforcement Hearing. Special Magistrate
indicated she would make her findings in the March Hearing when she has
the results of the re -inspection.
Respondent Mr. Sullen agreed.
CEH 01-24-2013 Page 10 of 11
CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
11. ADJOURNMENT:
Special Magistrate Goodblatt adjourned the meeting at 9:00 pm.
Amy G od att, Special Magistrate
C�45elle Core`lea�- O-
Giselle Gonzalez, Recording Secretary
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CEH 01-24-2013 Page 11 of 11
Code Case Updates
Howington
1/24/13
Case #
Respondent
Address
11-11-825
Am. Ind/Crossfit
830 S. CR 427
11-11-827
Madsen,Barr/Sunburst
109 Applewood Dr.
12-01-828
Rogers/Nationstar
962 Lormann Cir
12-01-832
Paris/Brauser's Ent.
1225 Bennett #102
12-01-834
Madsen,Barr/Sun Burst
109 Applewood Dr.
12-03-835
Shaw
717 Longdale Ave.
12-04-837
Shefferman
112 Pineapple Ct.
12-04-839
Brown/Nationstar
335 Reider Ave.
12-06-841
Orange Crown/Muench
247 E. Orange Ave.
12-08-848
X of Cent.FL/DJ's
211 W. SR 434
12-10-859
Canals/Hernandez
846 Woodcrest Cv.
12-03-834R
Madsen-Barr/Sun Burst
109 Applewood Dr.
Outcome of Case
Order Satisfied
Order Satisfied
Lien Recorded
Order Satisfied
Order Satisfied
Lien Recorded
Lien Recorded
Lien Recorded
Order Satisfied
Order Satisfied
Order Satisfied
Order Satisfied