Special Magistrate_08-22-13_Min CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
August 22, 2013 7:00 P.M.
Present: Amy Goodblatt, Special Magistrate
Also Present:
Bonnie Howington, Code Enforcement Officer
Brittany Kidd, Code Enforcement Officer
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 July 25, 2013 HEARING:
Special Magistrate Goodblatt approved Minutes of the July 25, 2013 meeting.
3. SPECIAL MAGISTRATE GOODBLATT'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 -07 -899 LDC Art. X, Sec. 105.1 Construction Permit
CC, Chap. 18, Sec. 18 -63 Minimum Property Standards
Kristopher Kinney
516 Matilda PI.
Longwood, FL 32750
CEO Howington indicated case has been withdrawn as complied.
CEH 08 -22 -2013 Page 1 of 9
CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
B. CEH 13 -08 -900 LDC, Art. VU Sec. 6.6.1A(1) Temporary Signs
Dean & Katherine Yianilos
& Theodora Thomas, P/0
Papa Tony's Restaurant, Tenant
300 South Highway 17 -92
Longwood, FL 32750
CEO Howington indicated case has been withdrawn as complied.
C. CEH 13 -08 -901 CC, Chap. 18 Sec. 18 -63 Minimum Property Standards
Federal Home Loan Mtg. Corp.
772 E Church Avenue
Longwood, FL 32750
Respondent did not attend Code Enforcement Hearing.
CEO Kidd explained this case involves a violation of CC, Chap. 18 Sec. 18 -63
Minimum Property Standards. The City Code states that all accessory structures
to include fences shall be maintained in a safe, operational and sanitary
condition. CEO Kidd stated the fence at this property is broken and falling down.
CEO introduced into evidence photographs and a cost recovery form.
CEO Kidd conducted an inspection on June 3, 2013. CEO Kidd observed a chain
link and wooden fence that needed repair. CEO Kidd explained that the wood
fence was failing to keep the back yard secure. CEO Kidd indicated she issued a
Notice of Violation (NOV) on June 3, 2013. The NOV was certified mailed to the
property owner because CEO Kidd was aware the residence was vacant. The
NOV had a compliance date of June 10, 2013.
CEO Kidd conducted re- inspections on June 11, 2013 and June 20, 2013 and
found that neither fences were fixed. CEO Kidd stated that on June 26, 2013 she
observed a male mowing the Fawn. The gentleman advised CEO Kidd he was with
the bank and was sent to mow the lawn. CEO Kidd asked if he could try to fix the
fences, gentleman indicated he would.
CEO Kidd conducted a re- inspection on June 28 2013 and found that the chain
link fence had been repaired, however the wooden fence was still falling down.
CEO Kidd conducted further re- inspections on July 12, 2013 and July 22, 2013.
On both inspections she found that the wooden fence was not repaired.
CEH 08 -22 -2013 Page 2 of 9
CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
CEO Kidd stated that a Notice of Hearing (NOH) was certified mailed to the
property owner on July 25, 2013. On August 5, 2013 CEO received the green card
back stamped Fridia and was dated August 1, 2013,
CEO Kidd indicated she conducted a re- inspection the date of the hearing August
22, 2013. CEO found that the wooden fence had not been repaired.
CEO Kidd stated the City is asking that the Respondent be found guilty of
violating CC, Chap. 18 Sec. 18 -63. The City asks that the Respondent be given five
(5) days from service of Final Orders to comply by obtaining all necessary permits
and inspections and have the fence repaired or taken down. If compliance is not
met, the City asks that a fine in the amount of two hundred fifty dollars
($250.00) per day be imposed for each day violation continues to exist. The City
also asks that an administrative fee of one hundred forty eight dollars and fifty
four cents ($148.54) be imposed to be paid within thirty (30) days of receipt of
Final Orders.
Special Magistrate Goodblatt's findings are that the property failed to meet
Minimum Property Standards in that the chain link and wooden fences on the
property were not operational and safe past the date set for compliance. The
chain link fence has been repaired however the wooden fence has not.
Compliance requires that the wooden fence must be repaired or removed. It is
ordered that the Respondent pay an administrative cost of one hundred forty
eight dollars and fifty four cents ($148.54) within thirty (30) days of service of
Final Orders. The Respondent will be awarded fifteen (15) days from the date of
service of this order to come into compliance or the Respondent will pay a fine
of fifty dollars ($50.00) for each day the violation continues to exist past the date
set for compliance.
D. CEH 13 -08 -902 LDC, Art. X, Sec. 10.1.0
FBC, Sec. 105.1 Construction Permit
Susquehanna Holdings, Co., P/O
Hoddie's Saloon & Grill, Tenant
400 Savage Court
Longwood, FL 32750
CEO Howington indicated case will be continued.
CEH 08 -22 -2013 Page 3 of 9
CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
E. CEH 13 -08 -903 CC, Chap. 78 Sec. 78 -1 Private Use of Right -of -Way
Gervais Francois
112 Glendale Drive
Longwood, FL 32750
CEO Kidd explained this case involves a violation of CC, Chap. 78 Sec. 78 -1 Private
Use of Right -of -Way. The City Code states that there shall be no private use of
any kind for any reason. CEO Kidd noted that on several occasions there have
been cars parked blocking the sidewalk. CEO Kidd introduced into evidence
photographs and a cost recovery form.
CEO Kidd stated that on July 11, 2013 she received an anonymous complaint
about vehicles constantly being parked in the driveway of this residence blocking
the sidewalk. Since the vehicles block the sidewalk, pedestrians have to walk out
into the road to go around the cars.
CEO Kidd conducted an inspection on July 12, 2013. CEO Kidd noted she
observed a gold Corvette parked at the property blocking the sidewalk. CEO Kidd
indicated she issued a Notice of Violation (NOV) and posted it on the front door
of the property. The NOV had a compliance date of July 19, 2013.
CEO Kidd stated that on July 12, 2013 she received a call from a woman named
Abby Ray. Mrs. Ray was inquiring about why the property got cited. CEO Kidd
indicated that she explained to Mrs. Ray that vehicles cannot be parked blocking
the sidewalk because it causes pedestrians to have to walk into the road to go
around the cars. CEO Kidd pointed out Mrs. Ray became very upset and ended
the conversation.
CEO Kidd noted she made additional re- inspections on July 25, 2013, July 30,
2013 and August 5, 2013. On all dates CEO Kidd found vehicles blocking the
sidewalk. CEO Kidd stated a Notice of Hearing was served on Mr. Robert Ray. Mr.
Ray identified himself as being the son in law of the property owner.
CEO Kidd indicated she conducted a re inspection on the date of the hearing
August 22, 2013. CEO Kidd found no vehicles blocking the sidewalk. CEO Kidd
explained that she chose to bring the case to the Special Magistrate Goodblatt
because the property was not in compliance by the date set for compliance.
CEH 08 -22 -2013 Page 4 of 9
CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
CEO Kidd stated the City is asking that the Respondent be found guilty of
violating CC, Chap. 78 Sec. 78 -1. The City asks that the Respondent be given five
(5) days from service of Final Orders to comply by not obstructing the sidewalk.
If compliance is not met the City asks that a fine in the amount of two hundred
fifty dollars ($250.00) per day be imposed for each day violation continues to
exist. The City also asks that an administrative fee of one hundred twenty six
dollars with fifty six cents ($126.56) be imposed to be paid within thirty (30) days
of receipt of Final Orders.
Special Magistrate Goodblatt asked CEO Kidd if the right -of way she was
referring to was the sidewalk, CEO Kidd confirmed it was the sidewalk.
Respondent Abby Francois Ray stated she was the daughter of Gervais Francois'
and indicated she lives at the property. Mrs. Ray indicated her father was out of
the country and for that reason he had no idea about the violation.
Respondent Gervais Francois Indicated that he has lived at this property since
1990 and he has never been in a situation like this. Mr. Francois indicated he was
out of the United States so when he came back he received the Notices. Mr.
Francois indicated he felt disappointed because after twenty three (23) years of
living at the same house he has had no issues.
Special Magistrate Goodblatt asked Respondent Mr. Francois if he knew who
those vehicles belonged to.
Respondent Mr. Francois indicated the cars belonged to his son -in -law and
daughter who were staying at the house while he was away.
Respondent Mr. Francois indicated his son -in -.law and daughter live with him.
Mr. Francois indicated he was unaware how they were parking.
Respondent Mrs. Ray indicated that on the pictures dated July 30, 2013 there are
two vehicles at the property and she has no idea who they belong to. Mrs. Ray
indicated they left on July 25 for vacation and did not come back *until August
2" The previous violation of July 12t she is not disputing because the Corvette
is her husband's vehicle. Respondent stated she just wanted to note that before
she left to go an vacation she made sure the house was in compliance.
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CEH 08 -22 -2013
CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
Special Magistrate Amy Goodblatt asked Respondent Mrs. Ray if she
understands the nature of the violation. Respondent Mrs. Ray indicated that the
Code Enforcement Officer explained it to her and she understands the violation.
Respondent Mr. Robert Ray indicated he is the son -in law of Gervais Francois.
Mr. Ray stated he resides at the property.
Respondent Mr. Ray indicated that the white Gallant vehicle depicted in the
pictures does not belong to anybody that lives in the house. Mr. Ray indicated he
does not recognize the vehicle and they did not allow anyone else to park at the
house. Mr. Ray noted that the white Charger, the Corvette and the red Dodge
are his vehicles. Mr. Ray Indicated that the vehicles have been moved to make
sure the property is not in violation.
Special Magistrate Goodblatt indicated that the vehicles can be parked at the
property as long as they do not block the sidewalk or park in the middle of the
cul -de -sac preventing people to get by.
Special Magistrate Goodblatt indicated she will make a finding of no violation
even though she believes there was a technical violation because vehicles were
parked blocking the right -of -way. Special Magistrate indicated she does not
believe Mr. Francois knew about the violation since he was out of the country.
F. CEH 13 -08 -904 CC, Chap. 38, Sec. 38 -141 High Grass & Weeds
Emma Chin
981 Cobbler Ct.
Longwood, FL 32750
CEO Howington indicated case has been withdrawn as complied.
G. CEH 13 -08 -905 CC, Chap. 38, 38 -121 Trash & Debris
Mario & Matilde Flores
1042 Reams St.
Longwood, FL 32750
CEO Howington explained this case involves a violation of CC, Chap. 38, 38 -121
Trash & Debris. CEO stated that on July 2, 2013 while doing routine inspections
she observed two violations at the residence, high grass and weeds and trash &
CEH 08 -22 -2013 Page 6 of 9
CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
debris. The trash and debris consisted of a battery, wood, a bed frame, a broken
shelf and a few other items. The battery was in front of the house and the rest
of the items were stacked up again the North side of the property. CEO
introduced into evidence photographs and cost recovery form.
CEO Howington noted she issued a Notice of Violation (NOV) to comply by July 9,
2013. CEO noted that since no one was at home she posted the NOV on the front
door. On July 10, 2013 CEO conducted a re- inspection and found that the grass
had not been mowed and the trash & debris had not been removed. CEO
indicated that since she had not been able to make contact with the property
owner, CEO wrote up a new NOV dated July 10, 2013 with a compliance date of
July 17, 2013. LEO Howington indicated the NOV was mailed certified to the
property owners. CEO noted that the NOV was received and signed for by
Cristina Flores.
CEO Howington conducted a re- inspection on July 27, 2013. CEO noted that the
grass had been mowed. CEO proceeded to close out the grass case. The trash
and debris previously mentioned were still in the same location. For this reason,
CEO noted she prepared a Notice of Hearing, The NOH was served on Cristina
Flores, daughter -in -law of the Respondents on August 7, 2013.
CEO Howington indicated she conducted a re- inspection on the date of the
hearing August 22, 2013. CEO found that the property was still not in
compliance.
CEO Howington stated the City is asking that the Respondents be found guilty of
violating CC, Chap. 38, 38 -121. The City asks that the Respondents be given five
(5) days from the receipt of the Final Orders to comply or a fine in the amount of
two hundred fifty dollars ($250.00) be imposed for each day until compliance is
met. The City also asks that an administrative fee of one hundred thirty two
dollars and sixty eight cents ($132.68) be imposed to be paid within thirty (30)
days of receipt of Final Orders.
Respondent Carlos Flores indicated he is the son of Mario and Matilde Flores.
Respondent Mr. Flores stated that the debris will be cleared up by this weekend.
Mr. Flores explained that the reason that the debris is still there is because he
was not able to get a trailer.
Special Magistrate Goodblatt asked Respondent Mr. Flores by when the debris
could be cleaned up.
CEH 08 -22 -2013 Page 7 of 9
CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
Respondent Mr. Flores indicated debris would be cleaned up by Saturday,
August 24, 2013.
Special Magistrate Goodblatt's finding was that trash and debris were present at
the cited property located within one hundred (100) feet of improved property
within the City of Longwood beyond the date set for compliance. The trash and
debris constitute a public nuisance in that they could or may have become
infested with rodents or vermin, furnish a breeding ground for mosquitoes and
they could have endangered the public safety. The unsightliness of the property
adversely impacts neighbors' property values. All trash and debris must be
removed from the property on or before August 30, 2013. Respondents are to
pay administrative costs of one hundred thirty two dollars and sixty eight cents
($132.68) within thirty (30) days of service of the final Order. If Respondents do
not comply by removing the trash and debris by August 30, 2013 the
Respondents shall pay a fine of twenty five dollars per day for each day the
violation continues to exist beyond the day set for compliance.
H. CEH 13 -08 -906 LDC, Art. I Sec.. 1.4.1 General Applicability
LDC, Art. III Sec, 3.6.1(C) (4) Parking Requirements
LDC, Art. V Sec. 5.3.0 (B) (2) Accessory Structures
Samneang Chang & Lee Chip Ith
1000 S. Hwy. 17 -92
Longwood, FL 32750
CEO Howington indicated case has been withdrawn as complied.
7. REPORTS -CASE UPDATES:
CEO Kidd indicated that the property on 201 N Credo Street has come into
compliance and the fines have been paid. Case has been closed as complied.
8. UNFINISHED BUSINESS:
None.
9. OLD BUSINESS:
None.
CEH 08 -22 -2013 Page 8 of 9
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CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
10. NEW BUSINESS:
A. CEH 13 -03 -872, 201 N Credo Street
Respondent is requesting to go before Special Magistrate Goodblatt to
request a reduction of fines.
Special Magistrate Goodblatt noted that the case was discussed on Report
Updates. CEO Kidd stated that CEH 13 -03 -872 has been closed as complied.
11. ADJOURNMENT:
Special Magistrate Goodblatt adjourned the meeting at 8:00 pm.
Amy Goodbla , Special Magistrate
Giselle Gonzalez, Recording Secretary
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