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Special Magistrate_07-31-14_MinCODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 July 31, 2014 Present: Amy Goodblatt, Special Magistrate Gayle Owens, City Attorney 7:00 P.M. Also Present: Brittany Kidd, Code Enforcement Officer Bonnie Howington, 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 June 26, 2014 HEARING: Special Magistrate Goodblatt approved Minutes from the June 26, 2014 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. S. SWEARING IN OF ALL WITNESSES: Special Magistrate Goodblatt swore in all witnesses. 6. PUBLIC HEARINGS: A. CEH 14-07-951 CC, Chapter 86 Section 86-83 Boat, Trailer & RV Parking JSW Trust FBO Jean S. Wingo - Property Owner Allen, Sam - Tenant 401 Nina Place Longwood, FL 32750 Case withdrawn as complied. CEH 0;'-31-2014 Page 1 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 B. CEH 14-07-952 CC, Chapter 38 Section 38-141 High Grass & Weeds Cintron, Wilfredo & Tera - Property Owners Bank of America 540 E Warren Avenue Longwood, FL 32750 Case continued. C. CEH 14-07-953 CC, Chapter 38 Section 38-141 High Grass & Weeds Griffin, Douglas 290 E Orange Avenue Longwood, FL 32750 CEO Kidd introduced herself and presented the case. It should be noted that the Respondent(s) were not present. CEO Kidd stated on 05/20/14 Dennis Travlos came into the lobby of the police department advising that this property has not been mowed in weeks. CEO Kidd advised she went out to this property on this same date and observed high grass and weeds. A Notice of Violation was issued with a compliance date of 06/02/14, and certified mailed to the property owner. CEO Kidd advised this property appeared to be vacant. CEO Kidd conducted a re -inspection on 06/03/14 and found that the property had not been mowed. CEO Kidd advised further re -inspections were done on 06/16/14 and 07/01/14, both resulting in the property not being in compliance. CEO Kidd prepared a Notice of Hearing. CEO Kidd conducted a re -inspection of the property the day of the hearing, July 31, 2014. CEO Kidd found that the property had not been mowed. CEO Kidd indicated that the City is asking that the Respondents be found guilty of violating CC, Chap. 38, 38-141 High Grass & Weeds. The City asks that the Respondents be given ten (10) days from the service of Final Orders to comply by mowing and maintaining the property on a regular basis. If compliance is not met, we ask that a fine in the amount of $250.00 be imposed for each day until compliance is met. The City also requests that an administrative fee of two CEH 07-31-2014 Page 2 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 hundred forty five dollars and sixteen cents ($245.16) be imposed to be paid within thirty (30) days of receipt of final orders. Special Magistrate Amy Goodblatt made her findings. A public nuisance exists at this property which is located within 100 feet of improved property within the City of Longwood due to high grass and weeds, which can or is infested by rodents. Property may affect the public safety and property values of adjacent landowners. It is the order of the Special Magistrate that the Respondents shall maintain full compliance of the ordinances and regulations of the City of Longwood. Respondents have violated CC, Chap. 38 Sec. 38-141 High Grass & Weeds. In order to come into compliance, the property must be mowed and maintained on a regular basis. The Respondents shall notify the Code Enforcement Officer when property is in compliance. Respondents are to pay two hundred forty five dollars and sixteen cents ($245.16) within thirty (30) days of service of this order. Respondents will have fifteen (15) days from service of this order to come into compliance or pay a fine of fifty dollars ($50.00) per day for each day compliance is not met. D. CEH 14-06-948 CC, Chapter 38 Section 38-141 High Grass & Weeds Ortiz, Joan 994 Lormann Circle Longwood, FL 32750 Case continued. E. CEH 12-04-839R LDC, Article V, Section 5.3.1 Swimming Pools Brown, Peter & Michelle — Property Owners Nation Star Mortgage 335 Reider Avenue Longwood, FL 32750 CEO Howington introduced herself and presented evidence to the Special Magistrate and to the respondents present which included Peter and Michelle Brown and their attorney, Richard Withers. It should be noted that there was no one present to represent Nation Star Mortgage. CEO Howington stated that this was a repeat violation of LDC Art. V, Sec. 5.3.1 Swimming Pools. The respondents were taken before the Special Magistrate on CEH 07-31-2014 Page 3 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 4/26/12 and found to be in violation A copy of the Final Orders and proof of service for the 4/26/12 meeting was included in the evidence packet. CEO Howington received several complaints that the pool was black and not being maintained and that the fencing around the pool was falling down and the gates were not secure The property is vacant and in foreclosure CEO Howington did an inspection of the property but was unable to see the pool due to the height of the grass. Pictures were taken of the fence and the gates. CEO Howington contacted Seminole County Mosquito Control and requested they treat the pool CEO Howington issued a Notice of Repeat Violation on 7/7/14 with no compliance date required .as per FS 162. The Notice of Repeat Violation was mailed certified to the respondents along with a Notice of Hearing. CEO Howington stated the Notice of Hearing was also posted on the property, at City Hall and a copy mailed first class mail to the respondents on 7/10/14 CEO Howington stated that numerous re -inspections were done with the latest being on 7/31/14, the day of the meeting and the property was still not in compliance CEO Howington indicated the City was requesting that the respondents be found guilty of violating LDC Art. V, Sec. 5 3 1 of the Longwood Development Code and that they be given 5 days from receipt of the Final Orders to drain the pool, clean it and then cover it or clean the pool and put chemicals in it, have the power turned on and maintain the pool on a regular basis. The City also requested that the fence surrounding the pool be repaired or replaced and that proper locking devices be installed on the gates. The City requested that the respondents be given 5 days from the date of the Final Order to bring the property into compliance and if compliance is not met a fine in the amount of $300.00 per day be imposed until compliance is met. A request for an administrative fee was deferred to be included in the cost recover for CEH case #14-07-955 The Special Magistrate asked questions of CEO Howington The attorney for Mr & Mrs. Brown gave testimony�on behalf of the Browns and questions were ask of Mr Withers by the Special Magistrate The Special Magistrate made her findings. The Respondents have previously been found in violation of this section of the code The pool is not in working order, the water is black and no chemicals are being circulated The fence is in disrepair CEH 07-31-2014 Page 4 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 and nearly falling down. It is the Order of the Special Magistrate that the Respondents pay administrative costs of two hundred and fifty dollars ($250.00). These costs are to be paid within ninety (90) days of service of the Final Orders. The pool must either be drained to 4' and treated with chemicals and covered with wire mesh, or it must be fully operational and maintained with chemicals. The fence must be repaired or replaced, with permits. The violations must be corrected on or before 10/1/14 or the Respondents will pay a fine of five hundred dollars ($500.00) per clay until the violation is corrected. F. CEH 14-07-955 CC, Chapter 38 Section 38-141 High Grass & Weeds CC, Chapter 18 Section 18-63 Minimum Property Standards Brown, Peter & Michelle — Property Owners Nation Star Mortgage 335 Reider Avenue Longwood, FL 32750 CEO Howington introduced herself and presented evidence to the Special Magistrate and to the respondents present, which included Peter and Michelle Brown and their attorney, Richard Withers. It should be noted that there was no one present to represent Nation Star Mortgage. CEO Howington stated that on 2/13/14 a Notice of Violation was issued for several violations including minimum property standards. The minimum property standards violation was due to a hole in the roof caused by a tree falling onto the roof during a storm. Pictures were given as evidence. Compliance was to have been met by 2/20/14. CEO Howington did a re -inspection on 2/20/14 and the violations had not been corrected. CEO Howington stated that the high grass & weeds violation, CC, Chap. 38, 38-141 was originally cited in February as well but did come into compliance at that time. On 7/7/14 a new Notice of Violation was issued as the grass was again in violation. Compliance was to have been met by 7/14/14. Upon re -inspection on 7/14/14 the grass had not been mowed. A Notice of Hearing was prepared and was mailed certified to the property owners and the bank on 7/14/14. On 7/17/14 a copy of the Notice of Hearing was posted on the property and at city hall and a copy mailed first class mail to the Respondents. CEH 07-31-2014 Page 5 of 10 CODE ENFORCEMENT NEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 The property was re -inspection on 7/31/14 and the violations had not been corrected. CEO Howington indicated the city was requesting that the respondents be found guilty of violating CC, Chap. 38, Sec. 38-141 High Grass & Weeds and CC, Chap. 18, Sec. 18-63 Minimum Property Standards. Regarding the issue of the minimum property standards, the City requested that the respondents be given five (5) days from receipt of the final orders to bring the property into compliance or a fine in the amount of two hundred and fifty dollars ($250.00) per day be imposed until compliance is met. Regarding the issue with the grass and weeds, this violation needed to be resolved immediately and the City asked that if the grass is not mowed by Monday, August 41h at 7:00 a.m. the city be given permission to enter the property, mow the grass and that the cost incurred by the City for this mowing be billed to the respondents and if not paid within thirty (30) days, a lien for that amount be placed upon the property. The City also requested an administrative fee of two hundred forty one dollars and fifty one cents ($241.51) be imposed to be paid within thirty (30) days of receipt of final orders. Mr. Withers gave testimony on behalf of the respondents, Mr. & Mrs. Brown. The Special Magistrate made her findings. The Special Magistrate ruled that the Respondents violated CC Chap. 38, Sec. 38-141 and CC, Chap. 18, Sec. 18-63. In order to bring the property into compliance the grass must be mowed to less than 10" in height and be regularly maintained. The roof and all structural damage must be repaired by a licensed contractor. If the structures are not repaired, they must be demolished. All work requires the issuance of permits and appropriate and timely inspections of work performed. Respondents are to ay administrative costs of two hundred and fifty dollars ($250.00) within ninety (90) days of service of Final Orders. If the Respondents do not mow the lawn on or before 7:00 a.m. on 8/4/14 the City may enter the property and mow the lawn and access the reasonable cost of the mowing. If this cost is unpaid within thirty (30) days, a lien is to be imposed on the property. If the Respondents do not comply by 10/1/14 with the roof and structural repairs or demolition, a fine of two hundred fifty dollars ($250.00) per day is to be imposed until compliance is met. CEH 07-31-2014 Page 6 of 10 CODE ENFORCEMENT WEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 G. CEH 14-07-956 LDC, Article I Section 1.4.1 General Applicability LDC, Article III Section 3.6.1(C)(4) Parking Requirements LDC, Article V Section 5.3.0(B)(2) Accessory Structure CC, Chapter 18 Section 18-221 Outdoor Storage LDC, Article V Section 5.4.12(C) Outdoor Display 909 Church Avenue, Inc. — Property Owner Guldi, James — Registered Agent Fishell, Michael —Tenant 909 E Church Avenue Longwood, FL 32750 CEO Howington introduced herself and presented the case. It should be noted the Respondent/Property Owner, James Guldi was present at the hearing. The tenant/respondent Michael Fishell was not present. CEO Howington stated that there had been an on -going issue with code violations on this property since the business opened in 2010. On 6/20/14 a Notice of Violation was issued citing LDC Art. 1, Sec. 1.4.1; LDC Art. III, Sec. 3.6.1(c)(4) and LDC Art. V, Sec. 5.3.0(B)(2), which are the codes prohibiting the clothing box. Also cited on the Notice of Violation was CC, Chap. 18, Sec. 18-221 Outdoor Storage and LDC, Art. V, Sec. 5.4.12(c) Outdoor Display. The reason the outdoor display issue was included was due to the number of times notices have been issued for this violation. Compliance was to have been met by 6/27/14. CEO Howington stated that upon re -inspection on 7/11/14 it was found that compliance was not met. A Notice of Hearing was prepared and served on Mike Hurley, employee of K-Lowe's Thrift Store on 7/15/14 at 10:42 a.m. A copy of the Notice of Hearing was also mailed certified to the property owner. On 7/17/14 a copy of the Notice of Hearing was posted on the property, at city hall and mailed to the property owner/respondent by first class mail CEO Howington stated that a re -inspection of the property was done on 7/31/14 prior to 8am and there was no outdoor display and nothing outside of the fenced in area at the rear of the property. The clothing box was still on the property. The city requested that the respondents be found guilty of violating LDC, Art. 1, 'sec. 1.4.1; Art. V, Sec. 5.3.0(B)(2); CC, Chap. 18, 18-221 and LDC Art V, 5.4.12(c). The only remaining violation as of 7/31/14 was the clothing box. The city is asking that the respondents be given five (5) days from the receipt of the final orders to have the clothing box removed from the property or a fine in the amount of two CEH 07-31-2014 Page 7 of 10 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 hundred and fifty dollars ($250.00) per day be imposed until the box is removed. The City also requested an administrative fee of two hundred fifty dollars and five cents ($250.05) be imposed, to be paid within 30 days of receipt of the final orders. Mr. Guldi, respondent/property owner gave testimony regarding the case advising that all violations had been corrected except for removing the clothing box. Mr. Guldi advising that as .soon as he can find someone to remove the clothing box it will be gone. Mr. Guldi requested he be given until 8/11/14 to have the clothing box removed. It was the finding of the Special Magistrate that there have been violations of LDC, Art. 1, Sec. 1.4.1; Art. V, Sec. 5.3.0(B)(2); CC, Chap. 18, 18-221 and LDC Art V, Sec. 5.4.12(c). All of the violations have come into compliance prior to the hearing but after the date set for compliance, except for the accessory structure which falls under Art. 1, Sec. 1.4.1 and LDC Art. V, Sec. 5.3.0(B)(2). To come into compliance the outdoor clothing box must be removed. The Special Magistrate ordered that the respondents are to pay, jointly & severally, an administrative cost of two hundred and fifty dollars ($250.00) within thirty (30) days of receipt of the final orders and will afford -the responds until Monday, 8/11/14 in order to come into compliance by removing the clothing box or a fine of fifty dollars ($50.00) per day will be imposed until compliance is met. H. CEH 14-07-957 CC, Chap. 38 Sec. 38-141 High Grass & Weeds Bank of New York Mellon — Property Owner 252 E Maine Avenue Longwood, FL 32750 CEO Howington introduced herself and presented evidence to the Special Magistrate. It should be noted that no respondents were present. This property is vacant and is owned by the Bank of New York Mellon. On 4/30/14 a Notice of Violation was issued for High Grass & Weeds, CC, Chap. 38, Sec. 38- 141 and Trash & Debris, CC, Chap. 38, 38-121, to comply by 5/7/14. The Notice of Violation was sent via e-mail to the property preservation company that services the bank. On_i/1/14 an e-mail response from Alissa Reatz of the Bank of IVY Mellon requesting ownership information which I e-mailed to her. A return e- mail from Ms. Reatz advised that they would have their property preservation company correct the violations. CEH 07-31-2014 Page 8 of 10 C®®F ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 CEO Howington conducted a re -inspection on 5/22/14 and it was found that the front yard had been mowed but not the back yard. It was also noted that the trash & debris had been removed and this violation was closed out. Multiple re - inspections were conducted with the last inspection being on 7/31/14 at which time it was found that: the back yard had not been mowed. A Notice of Hearing was prepared and mailed certified to the Respondent on 7/11/14 and a receipt for service was returned stamped on 7/18/14. The City requested that the respondents be given five (5) days from service of the final orders to bring the property into compliance by mowing the back yard and if compliance is not met the City requested that a fine in the amount of $250.00 per day be imposed for each day the property remains in violation. The city also requested an administrative cost of two hundred forty five dollars and sixteen cents ($245.16) be imposed to be paid within thirty (30) days of service of the final orders. It was the finding of the Special Magistrate that the respondent has violated CC Chap. 38, Sec. 38-141 and that a nuisance had been created in that within 100' of improved property within the City of Longwood and that tall grass & weeds in excess of 10" in height has been allowed to grow past the date set.for compliance. Service was properly made on the respondents. It is the finding of the Special Magistrate also that an administrative cost of two hundred forty five dollars and sixteen cents ($245.16) be paid within 30 days of the service of the final orders and that the respondents be given fifteen (15) days from date of service to comply to this order to mow and maintain the property in compliance with the city code or the respondent will pay a fine of fifty dollars ($50.00) per day for each day the violation continues to exist beyond the date set for compliance. 7. REPORTS -CASE UPDATES None. 8. UNFINISHED BUSINESS None. CEH 07-:11-2014 Page 9 of 10 CODE ENFORCEMENT FEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 9. OLD BUSINESS None. 10. NEW BUSINESS None. 11. ADJOURNMENT Special Magistrate Goodblatt adjourned th meeting at 8:22 pm. Amy Goodblatt, 5pepi,ai'Magistrate Goodblatt. &HULI 6 - t w. Brittany Kidd, Code E force ent Officer �&� ""t 5L — Bonnie Howington, Code Enfc6tmeat Officer CEF1 07-31-2014 Page 10 of 10