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Special Magistrate_12-12-13_Min CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 December 12, 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 September 26, 2013 HEARING: Special Magistrate Goodblatt approved Minutes of the September 26, 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- 01 -868R CC, Chap. 38 Sec. 38 -141 High Grass & Weeds Robert & Jennie McCown 708 East Court Longwood, FL 32750 Respondents did not attend Code Enforcement Hearing. CEH 12 -12 -2013 Page 1 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Code Enforcement Officer Kidd introduced herself and presented the case. CEO stated this case is a repeat violation of CC Chap. 38, 38 -141 High Grass & Weeds. Respondents were found guilty on January 24, 2013 for not mowing their property. CEO submitted pictures into evidence. CEO Kidd explained that on October 23, 2013 she inspected the property and found high grass and weeds. CEO issued a Notice of Repeat Violation. CEO stated she certified mailed the notice to the property owners as she believes Respondents are incarcerated and home is vacant. CEO Kidd indicated she received the green receipt back that was sent to Mrs. Jennie McCown. CEO noted she received the Notice of Violation sent to Mr. Robert McCown back after it was mailed to two different locations advising he was not in custody. CEO Kidd indicated she has been unable to find another address for Mr. Robert McCown. CEO Kidd completed re- inspections on October 23rd, October 25tH, October 28tH, October 30 October 31 November 4t November 11 November 12t November 15t and November 20, 2013. CEO pointed out that on all occasions she found that the property had not been mowed. CEO Kidd prepared a Notice of Hearing and certified mailed to the property owners. CEO Kidd conducted a last inspection the day of the hearing, December 12, 2013 and found that the property had not been mowed. CEO Kidd stated that the City is asking that the Respondents be found guilty as Repeat Violators for violating CC, Chap. 38, 38 -141 High Grass and Weeds. The City asks that since this is a repeat violation, a fine of $500.00 be imposed per day for each day the repeat violation existed. The total fine would amount to twenty five thousand two hundred seventy seven dollars and eighty three cents ($25,277.83). The City also for an Administrative Fee of two hundred seventy seven dollars with eight three cents ($277.83) to be paid within sixty (60) days of receipt of the Final Orders. It is the finding of the Special Magistrate that the Respondents have violated CC, Chap. 38 Sec. 38 -141 High Grass & Weeds. Special Magistrate found that Service was properly made. Special Magistrate noted Respondents are repeat violators. Respondents are to pay an Administrative Fee of two hundred ninety dollars with thirty three cents ($290.33) within thirty (30) days of service of final order. Respondents shall pay a fine of seventy five dollars ($75.00) per day beginning CEH 12 -12 -2013 Page 2 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 October 23, 2013 and that fine will continue to run until the property comes into compliance. B. CEH 13 -09 -914 CC, Chap. 18 Sec. 18 -63 Minimum Property Standards CC, Chap. 18 Art. IV Unsafe Buildings Chao I -Lee & Huag -Jen Chao 764 Whispering Oaks Circle Longwood, FL 32750 Code Enforcement Officer Howington introduced herself and presented the case. CEO stated this case is a violation of CC, Chap. 18 Sec. 18 -63 Minimum Property Standards and CC, Chap. 18 Art. IV Unsafe Buildings. CEO explained this case has to do with the condition of a mobile home at the Whispering Oaks Trailer Park located on the corner of Wildmere Avenue and East Street. The trailer in question is located at 764 Whispering Oaks Lane. CEO stated that during inspection she noted the trailer had broken windows, rotted wood, plywood nailed up against the exterior of the trailer and the door was nailed shut from the outside. CEO Howington explained that on July 22, 2013 she met with Building Official Randy Lamb and Property Manager. Property Manager allowed them to inspect property and take pictures. Building Official determined the trailer was unsafe and posted it as such. The Property Manager was advised he had thirty (30) days (until August 19, 2013) to either obtain a sealed engineered drawing of improvements to be done to the trailer to bring it into compliance or apply for a permit to demolish the trailer. The Property Manager stated he understood. CEO Howington stated that on August 19, 2013 Building Official informed her that nothing had been done by property owner to correct issue. CEO mailed a Notice of Violation on August 24, 2013 with a compliance date of September 2, 2013. Respondent asked for an extension however CEO noted the request was denied. On September 11, 2013 Property Owner went to apply for a demolition permit. However, Building Department found out through the application submitted that the Property Owner owned the property however not the trailer. The owner of the trailer was deceased and ownership was transferred to his sister. Building Official indicated that in order to demolish the trailer, Property Owner needed written authorization from the owner of the trailer. CEO Howington noted that since issue has been going on since July 2013 and has not been addressed, she decided to bring the case before Special Magistrate. Notice of Hearing was mailed to Respondents on October 23, 2013. CEH 12 -12 -2013 Page 3 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 CEO Howington indicated that on December 10, 2013 the Building Department notified her that they were able to issue a demolition permit for the trailer. CEO Howington indicated that the City is asking that the Respondent be given thirty (30) days from receipt of final orders to demolish trailer, have all debris removed and have a final inspection conducted by the Building Department. If compliance is not met the City asks that a fine of two hundred fifty dollars ($250.00) per day be imposed until final inspection has been completed and approved. The City also asks that an Administrative Fee of two hundred thirty eight dollars and seventy eight cents ($268.38) be imposed to be paid within thirty (30) days of receipt of final orders. Respondent Huag -Jen Chao indicated his daughter past away so that delayed the process. Respondent also indicated that another factor that delayed the process was finding out the trailer belonged to the sister of the deceased owner. The sister of the deceased owner does not want the trailer and they were able to do a title transfer which took some time. Respondent received title on December 6, 2013 and for this reason went to the Building Department until December 10, 2013. Respondent Huag -Jen Chao requested to be given three (3) months instead of thirty (30) days to demolish the trailer. It is the finding of the Special Magistrate that Respondents have violated CC, Chap. 18 Sec. 18 -63 Minimum Property Standards and CC, Chap. 18 Art. IV Unsafe Buildings. Respondents will have until February 10, 2014 to come into compliance. In order to come into compliance, the trailer has to be demolished and removed from the site. If trailer is not demolished and removed by February 10 the Respondents 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. Special Magistrate ordered an Administrative Cost of two hundred dollars ($200.00) due within thirty (30) days of receipt of final orders. C. CEH 13 -10 -916 CC, Chap. 18 Sec. 18 -63 Minimum Property Standards CC, Chap. 38 Sec. 38 -121 Trash and Debris Ragoonanan, Krishna & Lynette Longwood, FL 32750 Case continued. CEH 12 -12 -2013 Page 4 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 D. CEH 13 -10 -920 CC, Chap. 18, Sec. 18 -221 Outdoor Storage CC, Chap. 86, Sec. 86 -54 Storage of Inoperable Vehicles CC, Chap. 38, 38 -141 High Grass & Weeds CC, Chap. 86, 86 -83 Boats, Trailers and Recreational Vehicle Parking Key, Tommie J. 136 Glendale Dr. Longwood, FL 32750 Code Enforcement Officer Howington introduced herself and presented the case. CEO stated this case is a violation of CC, Chap. 18, Sec. 18 -221 Outdoor Storage, CC, Chap. 86, Sec. 86 -54 Storage of Inoperable Vehicles and CC, Chap. 38, 38 -141 High Grass & Weeds. CEO noted outdoor storage consisted of a mattress, dresser, tarp, wood and other miscellaneous items found on the ground in front of the garage. Trash & Debris consisted of tree debris. CEO stated there is very high grass and weeds in excess of ten inches. CEO pointed out there is storage of an Inoperable Vehicle. The Inoperable Vehicle consists of a red vehicle parked in the driveway with a flat tire. CEO submitted pictures into evidence. CEO Howington indicated she issued a Notice of Violation with compliance date of August 20, 2013. CEO noted several inspections were done and property did not come into compliance. CEO pointed out that during one of the inspections she saw a boat in the front yard of the property. CEO issued a Notice of Violation for the boat on September 4, 2013 with a compliance time frame of one hour since this is the thirteenth time notice has been issued for same violation CC, Chap. 86, 86 -83 Boat, Trailer & RV Parking. CEO indicated she did a re- inspection later that afternoon and found that the boat had not been removed. CEO Howington prepared a Notice of Hearing. CEO Howington conducted a re- inspection the day of the hearing and found that the property had been mowed and the boat had been removed. CEO indicated there was still outdoor storage. The red vehicle was still in the driveway however due to several leaves on the ground CEO was unable to determine if the tire was still flat. CEO Howington stated the City is asking for the Respondents to be found guilty. The City is asking that the Respondent be given five (5) days from receipt of final orders to remove all outdoor storage and repair the vehicle parked in the driveway so it can be legally driven on the street. If compliance is not met, the City asks for a fine of two hundred fifty dollars ($250.00) per day and per violation until CEH 12 -12 -2013 Page 5 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 compliance is met. The City also asks for an administrative fee in the amount of two hundred thirty one dollars and forty four cents ($231.44) to be paid within thirty (30) days of receipt of final orders. Mr. Kristopher Nathan Key indicated he is the Respondents grandson. Mr. Key indicated his intentions was to clean up the property however he just got back from Tennessee. Mr. Key indicated he will take care of all issues to get everything into compliance. Mr. Key also requested Special Magistrate to waive fines since he cannot afford to pay any fees. It is the finding of the Special Magistrate that Respondents shall maintain full compliance with the laws of the City of Longwood. Respondents have violated CC, Chap. 18, Sec. 18 -221 Outdoor Storage, CC, Chap. 86, Sec. 86 -54 Storage of Inoperable Vehicles, CC, Chap. 38, 38 -141 High Grass & Weeds and Chap. 86, 86- 83 Boat, Trailer & RV Parking. Special Magistrate noted that the City has been out to this property and cited it a total of thirteen (13) times for the boat violation. Compliance requires that the outdoor storage must be removed, the inoperable vehicle must made legally operable or stored in the garage or behind a six foot (6') solid fence, the grass has to be kept mowed, the boat must be garaged or stored in the side or rear yard and screened by all sides with a six foot (6') solid fence, wall or healthy evergreen hedge. Respondent is to pay an Administrative Fee of one hundred fifty dollars ($150.00) to be paid within thirty (30) days of service of final orders. Respondent will have five (5) days from service of final orders to come into compliance. If compliance is not met there will be a fine of two hundred dollars ($200.00) per day per violation for each day the violation continues to exist past the date set for compliance. E. CEH 13 -12 -921 CC, Chap. 82 Sec. 82 -32 Occupational License Mohawk Center LLC, Property Owner Imports Auto Repair, Tenant 953 N Ronald Reagan Blvd., #105 Longwood, FL 32750 Case withdrawn /complied. F. CEH 13 -12 -922 LDC, Art. X Sec. 10.1.0/FBC 105.1 Construction Permit Colfin AI -FL4 LLC 548 Winding Oak Lane CEH 12 -12 -2013 Page 6 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Longwood, FL 32750 Respondent did not attend Code Enforcement Hearing. Code Enforcement Officer Kidd introduced herself and presented the case. CEO indicated this case involves a violation of LDC, Art. X Sec. 10.1.0/ FBC Sec. 105.1. CEO explained that no development activity may be undertaken unless such activity is authorized by a construction permit. CEO Kidd stated that on August 19, 2013 she was contacted by the City of Longwood Building Inspector Steve Roseman. Mr. Roseman advised that a fence was installed without a permit. CEO indicated that a Notice of Violation was issued on September 20, 2013. The Notice had a compliance date of September 24, 2013 to apply for a permit. CEO Kidd noted that on October 1, 2013 the Building Department stated they still had not received an application for a fence permit. CEO stated that on October 11, 2013 a Notice of Hearing was issued and certified mailed to the property owner. CEO Kidd explained that as of today, December 12, 2013 the Building Department has advised that a permit has not been applied for. CEO Kidd stated the City is asking that the Respondent be found guilty of violating LDC, Art. X Sec. 10.1.0 /FBC, Sec. 105.1. The City asks that the Respondent be given thirty (30) days from service of final orders to comply by obtaining a permit and have all required inspections completed and approved. 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 until compliance is met. The City also asks that an Administrative Fee of two hundred twenty nine dollars with one cent ($229.01) be imposed to be paid within thirty (30) days of receipt of final orders. It is the finding of the Special Magistrate that Respondent has violated LDC, Art. X Sec. 10.1.0/FBC 105.1 Construction Permit. In order to come into compliance a permit must be obtained for the fence or it must be removed. All inspections bust be completed and approved. Respondent shall pay an Administrative Fee of two hundred forty one dollars and fifty cents within thirty (30) days of service of final order. Respondent has thirty (30) days to come into compliance. If compliance is not met Respondent will pay a fine of seventy five dollars ($75.00) for each day the violation continues to exist past the date set for compliance. CEH 12 -12 -2013 Page 7 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 G. CEH 13 -12 -923 CC, Chap. 38 Sec. 38 -141 High Grass & Weeds CC, Chap. 38 Sec. 38 -121 Trash & Debris Castillo, Elieser 139 Tarrytown Trail Longwood, FL 32750 Case withdrawn /complied. H. CEH 13 -12 -924 CC, Chap. 86 Sec. 86 -54 Storage of Inoperable Vehicles Bock, Bryce & Sedgwick, Gloria 104 N. Hamlin Ct Longwood, FL 32750 Case withdrawn /complied. I. CEH 13 -12 -925 CC, Chap. 86 Sec. 86 -82 Commercial Vehicle Parking Bhagwandass, Simboonath & Rautie — Property Owner Costigan, James - Tenant 585 N Wayman Street Longwood, FL 32750 Case withdrawn /complied. J. CEH 13 -12 -926 LDC Art. X, Sec. 10.1.0 /FBC 105.1 Permits LDC Art. III, Sec. 3.2.4 Site Design Standards Chao I -Lee & Huang -Jen Chao /Poitras, Mark 985 Wildmere Ave. Longwood, FL 32750 Code Enforcement Officer Howington introduced herself and presented the case. CEO stated this case is a violation of LDC Art. X, Sec. 10.1.0 /FBC 105.1 Permits and LDC Art. 111, Sec. 3.2.4 Site Design Standards. CEO Howington explained that while conducting an inspection at Whispering Oaks Mobile Home Park, Building Official noticed a shed directly behind 764 Whispering Oaks which had an A/C unit in the CEH 12 -12 -2013 Page 8 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 window and electricity connected from the power pole to the shed. There was a young gentleman at this location who indicated he was the tenant of the shed and informed he rented the shed from Mr. Mark Poitras. The shed had been converted into a small living space with a toilet, shower, bed, microwave and small A/C unit. Building Official spoke with Mr. Poitras and explained that the shed could not be used as a living space and that the fixtures that had been installed needed to be removed. The Building Official gave Mr. Poitras until August 19, 2013 to do so. On August 26, 2013 Building Official informed CEO Howington that not permit had been applied for to remove the fixtures of the shed. CEO Howing conducted an inspection on October 11, 2013. There was a different person living in the shed. Mr. Hernandez stated he had started renting and living at the shed two weeks prior. Mr. Hernandez explained he paid one hundred twenty five ($125.00) per week to Mr. Poitras. Mr. Hernandez allowed CEO to enter the shed. CEO noticed that nothing had changed and all fixtures were still present. CEO Howington indicated she made several attempts to contact Mr. Poitras. A Notice of Violation was issued on October 18, 2013 CEO. On November 18, 2013 CEO conducted an inspection and found a female living at the shed. A Notice of Hearing was prepared and mailed certified to the property owner on November 27, 2013. CEO noted that as of this date there has been no contact from Mr. Poitras requesting an inspection to show if the fixtures have been removed or any permits that have been applied for. CEO Howington stated that the City asks that the Respondents be found guilty of violating LDC Art. X, Sec. 10.1.0/FBC 105.1 Permits and LDC Art. III, Sec. 3.2.4 Site Design Standards. The City asks that Respondents must remove all fixtures from the shed by January 6, 2014 and contact the Building Official so a final inspection can be conducted. 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 until compliance is met. The City also asks for an Administrative Fine of Two Hundred Seventy Three Dollars and Sixty Six Cents ($273.66) be imposed to be paid within thirty (30) days of receipt of final orders. The City asks that all fines and fees be jointly and severally. Respondent Mr. Mark Poitras indicated that when he bought the trailer the shed was included. Mr. Poitras also noted that the fixtures inside the shed were already installed and he did not place them in the shed. Mr. Poitras stated he had CEH 12 -12 -2013 Page 9 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 understood that since fixtures were already in place when he bought the structure, he did not have to do anything further. Mr. Poitras indicated he never received anything in writing telling him to remove the fixtures. Mr. Poitras stated he does not rent out the shed, he helps out homeless people and lets them take showers in the shed. The only time he has rented out the shed was to the person CEO Howington mentioned in her statement called Mr. Hernandez. Building Official explained sheds are for utility use only to store items, they are not designed to be used as a living space. Special Magistrate asked if there is any way that this structure can be used as a living facility. Building Official indicated it would take an Architect to go and inspect the property. This is because the shed was designed and built to be just a storage facility. Statute requires that there needs to be some kind of engineering submitted or have an Architect verify the design standards. Special Magistrate explained that the shed might be way over code however structures need permits to show they meet certain design standards. It is the finding of the Special Magistrate that a shed has been converted into living quarters without permits for air conditioning, plumbing or electricity. These fixtures continued to remain on the property beyond the date set for compliance. The shed fails to meet the design standards for conversion to a living space This constitutes a violation of LDC Art. X, Sec. 10.1.0 /FBC 105.1 Permits and LDC Art. III, Sec. 3.2.4 Site Design Standards. In order to come into compliance the she has to be returned to its original state or obtain permits for air conditioning, plumbing and electricity. The shed may not be used as a living space. Special Magistrate is waiving the Administrate Costs. However, Respondents will have until Feb uary 15, 2014 to come into compliance. If not in compliance Respondents will j intly and severally pay a fine in the amount of seventy five dollars ($75.00) per day for each day the violation continues to exist past the date set for compliance. 7. REPORTS -CASE UPDATES None. 8. UNFINISHED BUSINESS None. CEH 12 -12 -2013 Page 10 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 9. OLD BUSINESS None. 10. NEW BUSINESS Bryant Earnest, 165 Mingo Trail (Case# 13 -05 -887) has requested to come before the Special Magistrate in response to the Order Imposing Fine /Lien. CEO Howington stated that the Administrative Fee has been paid in full on June 20, 2013. CEO noted that the amount presently owed is one thousand fifty dollars ($1,050.00). CEO explained that compliance required that Respondent within three (3) months from the date of service of final orders needed to submit a complete site plan to the City. CEO pointed out that the compliance date was September 11, 2013. On September 11, 2013 CEO emailed Planning Department to find out the status. She was notified that no plans had been submitted. On September 18, 2013 Mr. Earnest called to notify that he was not going to submit the plans because he decided not to use the property's parking since he was permitted to use the overflow parking of Suntrust Bank. CEO Howington wanted to point out that Respondent contacted her on September 18, 2013 because Mr. Hambley from the Planning Department called to notify him that Code Enforcement needed to know the status of the property. That is seven (7) days after the date set for compliance. For this reason CEO is requesting Mr. Earnest to pay the one thousand fifty dollars ($1,050.00) and an additional Administrative Fee of two hundred dollars ($200.00). Respondent Mr. Chad Lynn indicated he was representing Mr. Earnest. Mr. Lynn stated he was the Engineer of the project. Mr. Lynn stated Mr. Earnest was out of town and could not attend the meeting. Mr. Lynn indicated Mr. Earnest would like the fine reduced. Special Magistrate reduced the fine to seven hundred dollars ($700.00) under the condition the fine is paid by January 10, 2014. If not paid by that date, the full amount will be re- instated. 11. ADJOURNMENT Special Magistrate Goodblatt adjourned the meeting at 8:53 pm. CEH 12 -12 -2013 Page 11 of 12 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Amy Goodbla ecial Magistrate oodblatt ��eJ►1G Car�a�P� O. Giselle Gonzalez, Recording Secretary CEH 12 -12 -2013 Page 12 of 12