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Special Magistrate_09-23-14_MinCODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 September 23, 2014 Present: Amy Goodblatt, Special Magistrate Gayle Owens, City Attorney Also Present: Bonnie Howington, Code Enforcement Officer Brittany Kidd, Code Enforcement Officer 1. CALL MEETING TO ORDER: 7:00 P.M. Special Magistrate Amy Goodblatt called the meeting to order at 7 10 p m 2. APPROVAL OF THE MINUTES FROM THE August 28, 2014 HEARING: Special Magistrate Goodblatt approved Minutes from the August 28, 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 14-07-952 CC, Chapter 38, Section 38-141 High Grass & Weeds Citron, Wilfredo & Tera — Property Owner Bank of America 540 E. Warren Ave Longwood, FL 32750 Case continued CEH 09-23-2014 Page 1 of 7 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 B CEH 14-07-954 CC, Chapter 38, Section 38-141 High Grass & Weeds Ortiz, Joan — Property Owner 994 Lormann Circle Longwood, FL 32750 Case withdrawn as complied C. CEH 14-08-960 CC, Chapter 38, Section 38-121 Trash & Debris Van Horn, Letha 690 W Church Avenue Longwood, FL 32750 Case continued D CEH 14-09-966 CC, Chapter 38, Section 38-121 Trash & Debris Gino Realty LLC & 108 N US HWY 17-92 LLC 108 N US HWY 17-92 Longwood, FL 32750 Case withdrawn as complied E. CEH 14-09-967 CC, Chapter 38, Section 38-141 High Grass & Weeds Florida Crest, Inc. 896 Longdale Avenue Longwood, FL 32750 Case withdrawn as complied F CEH 14-09-968 CC, Chapter 18 Section 18-63 Minimum Property Standards Reedy, Lisanne — Property Owner Marshe, Elizabeth -Tenant 1681 Torrington Circle Longwood, FL 32750 Case continued CEH 09-23-2014 Page 2 of 7 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 G CEH 14-09-969 CC, Chapter 82 Section 82-32 Occupational License Brnk Casselberry LLC c/o Brnk LLC — Property Owner Roy, Kenny -Tenant 200 S US HWY 17-92 Longwood, FL 32750 Case continued H CEH 14-09-970 CC, Chapter 38 Section 38-141 High Grass & Weeds Lance Jones & Associates, LLC — Property Owner Kokopelli's Gym, Inc. —Tenant 390 Sansu Street Longwood, FL 32750 Case withdrawn as complied CEH 14-09-971 CC, Chapter 38 Section 38-141 High Grass & Weeds Sabeti, Nahid 700 W Church Avenue Vacant Parcel 31-20-30-300-021A-0000 Longwood, FL 32750 Case continued J CEH 14-09-973 CC, Chapter 38 Section 38-141 High Grass & Weeds CC, Chapter 18 Section 18-63 Minimum Property Standards LDC, Article X, Section 10 10 FBC, Section 105 1 Construction Permit Moreira, Steven — Property Owner Midfirst Bank, Kass Shuler, Attorney 357 E Jessup Avenue Longwood, FL 32750 CEO Howington introduced herself and presented evidence to the Special Magistrate as well as to Mr William Terry of Kass Shuler, P.A. who was present representing Midfirst Bank. CEH 09-23-2014 Page 3 of 7 CODE ENFORCEMENT FEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 CEO Howington stated that the subject property is vacant and in foreclosure with a sale date of October 7, 2014 CEO Howington stated that there is a very old fence that is missing slats and falling down, along the front of the property with a portion of the fence in the right of way CEO Howington stated that interior demolition of the residence was done without permits, leaving only studs and hanging wires on the interior of the home The building official conducted an inspection and determined that the home no longer meets minimum property standards as it does not have the minimum facilities for habitation A Stop Work Order was posted by the building official CEO Howington also stated that there was trash on the porch of the residence as well as tree debris next to the street. CEO Howington stated that a Notice of Violation was written on 7/23/14 to comply by 8/1/14 Said notice was mailed certified mail to the owner of record, Mr Steven Moreira CEO Howington provided a copy of the certified signed receipt dated 7/31/14 CEO Howington conducted a re -inspection of the property on 8/11/14 and found that the violations continued to exist. A Notice of Hearing was prepared and mailed certified mail to the property owner, Steven Moreira as well as to Midfirst Bank. CEO Howington testified that the receipts for the certified mailing of the Notices of Hearing were returned and signed CEO Howington stated that a 2"d re -inspection was conducted on 9/2/14 and again on 9/23/14 The only change was that the trash & debris on the porch and the tree debris had been removed All other violations continued to exist. The Special Magistrate asked questions of the code officer Although the representative for the lender did not wish to testify on the case, the Special Magistrate requested that he identify himself for the record and added that the bank was not going to be found in violation as a respondent but wanted to ask for contact information so that a copy of the order could be sent to him on behalf of the lender, so that it is known what has to be done when the lender takes possession of the property The representative identified himself as William Terry with Kass Shuler who is the attorney for the bank. Their address is P 0 Box 800, Tampa, FL 33601. Mr Terry confirmed the date of the sale of the property as October 7, 2014 The Special Magistrate asked several questions of Mr Terry and expressed her concerns about the hazards and safety issues that exist on the property CEH 09-23-2014 Page 4 of 7 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 The City's attorney addressed the concerns of the city regarding the property, stating that we need to have an order finding violation so that it can put any potential buyer or the bank on notice that the property needs to be taken care of and that the order needs to be recorded The Special Magistrate made her findings in that service was properly made on the respondent property owner The bank specifically was not found guilty of these violations at this time The property fails to meet minimum property standards because there is a fence located on the property which is also partially located in the right of way, and the fence is falling down There was a pile of debris and an accumulation of tree debris at the sited the property which was removed from the property after the time set for compliance, but it still constituted a public nuisance, however that portion is in compliance That was considered a public nuisance in that the accumulation of debris would have attracted vermin, rodents or mosquitoes. It might impact the public health, safety and welfare as those items could have attracted transients, rodents and children as an attractive nuisance as well as animals. The condition of the property is so unsightly that it impairs adjacent land owner's property values. Demolition was done to the interior of the property without a permit. It was the conclusion of the Special Magistrate that the respondent property owner shall maintain full compliance with the ordinances of the City of Longwood and that the respondent property owner has violated CC, Chap 18, Sec. 18-63, CC, Chap 38, Sec. 38-121, LDC Art. X, Sec. 10 1.0/FBC Sec. 105 1. To come into compliance the following must occur- The fence must be removed or replaced and it may not be located in any portion of the right of way A permit must be obtained for the interior demolition, and a full inspection must be completed In addition, plans must be submitted, including mold remediation as requested by the city Respondent property owner is to pay an administrative cost of $246.29 within 30 days of service of the order Respondent is given 20 days from the date of service of the order to come into compliance with all of the requirements of the Magistrate or the respondent shall pay a fine of $50 00 per day per violation for each day the violation or violations continue to exist beyond the date set for compliance CEH 09-23-2014 Page 5 of 7 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 K. CEH 14-09-973 CC, Chapter 38 Section 38-141 High Grass & Weeds LDC, Article V Section 5 3.3(L) Fences LDC, Article X Section 10 1.0 Construction Permit Weston Park LP 103 E Church Avenue Longwood, FL 32750 Case continued L. CEH 14-09-974 LDC, Article X Section 10 1.0 Construction Permit CC, Chapter 82 Section 82-32 Occupational License Dobmeier, Kenneth — Property Owner Galianes, Roberto — Registered Agent 469 W Church Avenue Longwood, FL 32750 Case withdrawn as complied M CEH 14-09-975 CC, Chapter 38, Section 38-121 Trash & Debris CC, Chapter 38, Section 38-141 High Grass & Weeds CC, Chapter 82 Section 82-32 Occupational License Dobmeier, Kenneth — Property Owner Yard Gourmet —Tenant Lesage, Robert — Registered Agent 475 W Church Avenue Longwood, FL 32750 Case withdrawn as complied 7. REPORTS -CASE UPDATES CEH 14-07-956, 909 E Church Avenue —The administrative cost has been paid The property is in compliance Case closed 8. UNFINISHED BUSINESS None CEH 09-23-2014 Page 6 of 7 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 9. OLD BUSINESS None 10. NEW BUSINESS A. CEH 13-08-902, 400 Savage Court. The property owner, Laura Wideman, requested a continuance on this matter due to the Building Official not being able to attend the Hearing. The City granted the continuance with no issues. B. The November Special Tuesday, November 25, Commission Chambers. 11. ADJOURNMENT Magistrate Hearing has been scheduled for 2014 at 7.00pm in the City of Longwood Special Magistrate Goodblatt adjourned the meeting at 8 10 pm Amy Goodblatt, ecial Magistrate Goodblatt h- - - "U h". Brittany Kidd, Code E forcement Officer r r &19 - �r-t Bonnie Howington, Code of rcement Officer CEH 09-23-2014 Page 7 of 7