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Special Magistrate_10-23-14_Mini CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 October 23, 2014 Present: Amy Goodblatt, Special Magistrate Gayle Owens, City Attorney i 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 7:00 p.m. 2. APPROVAL OF THE MINUTES FROM THE September 23, 2014 HEARING: Special Magistrate Goodblatt approved Minutes from the September 23, 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Grass & Weeds Cintron, Wilfredo & Tera — Property Owners Bank of America 540 E Warren Avenue Longwood, FL 32750 Case withdrawn as complied. CEH 10-23-2014 Page 1 of 9 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 B. CEH 14-08-960 CC, Chapter 38 Section 38-121 Trash & Debris Van Horn, Letha 690 W Church Avenue Longwood, FL 32750 Case withdrawn as complied. C. 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 CEO Kidd introduced herself and presented evidence to the Special Magistrate as well as to the tenant of the property, Elizabeth Marshe. CEO Kidd stated that the subject property is owned by Lisanne Reedy. CEO Kidd stated that a Notice of Violation was issued on 7/01/14 to comply by 7/16/14. Said notice was mailed certified mail to the owner of record Lisanne Reedy. The NOV was first class mailed on 8/1/14. An Affidavit of FCM was completed. CEO Kidd conducted a re -inspection of the property on 7/17/14 and found that the violations continued to exist. A Notice of Hearing was prepared and mailed certified mail to the property owner, Lisanne Reedy. The NOH was also served on the tenant, Elizabeth Marshe. CEO Kidd testified that the NOH was also FCM to the property owner. An Affidavit of FCM was completed.,. The tenant, Elizabeth Marshe testified regarding the rotted wood. The neighbor, Jennifer Chapman testified regarding the rotting wood allowing animals into the walls. The Special Magistrate asked questions of the code officer, tenant and witnesses. CEH 10-23-2014 i Page 2 of 9 i CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 The Special Magistrate made her findings in that service!was properly made on the respondent property owner. The tenant, Elizabeth Marshe, specifically was not found guilty of these violations due to it being a property maintenance issue. The property fails to meet minimum property standards because there is rotted wood around the windows and front door of the property. 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. To come into compliance the following must occur: The rotted wood around the windows and front door must be replaced. Respondent must contact the Building Department to determine if permits are required for this type of work. Respondent property owner is to pay an administrative cost of $247.57 within 30 days of service of the order. Respondent is given 45 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 for each day the violation continue to exist beyond the date set for compliance. D. CEH 14-09-969 CC, Chapter 82 Section 82-32 Occupational License Brnk Casselberry LLC c/o Brnk LLC —'Property Owner Albertson's - Tenant 200 S US HWY 17-92 Longwood, FL 32750 Case withdrawn as complied. E. CEH 14-09-971 CC, Chapter 38, Section 38-141 High Grass & Weeds Sabeti, Nahid — Property Owner 700 W Church Avenue Parcel: 31-20-30-300-021A-0000 Longwood, FL 32750 Code Officer Howington introduced herself and presented evidence to both the Special Magistrate and the Respondent for this case. CO Howington stated the case involved a violation of CC, Chap. 38, Sec. 38-141 high grass & weeds. CO Howington advised this is a large vacant parcel of land that runs along the eastern edge of the Sandalwood S/D'and abuts W. Church Ave. CEH 10-23-2014 Page 3 of 9 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 CO Howington advised that on 7/29/14 a Notice of Violation was issued due to the grass at this site being in excess of 10" and probably more like 2-1/2 to 3' in height. CO Howington stated a Notice of Violation was issued on 7/29/14 to comply by 8/5/14. The notice was mailed certified to the Respondent and was signed for by Mr. Sabeti on 8/4/14. CO Howington stated Mr. Sabeti did leave a voice message on the same day advising he had just returned home from being out of the country and had just picked up his mail. Mr. Sabeti stated that he would have the property mowed as soon as possible. CO Howington re -inspected the property on 8/6 and on 8/8 and the grass had not been mowed. The grass was mowed on 8/9/14. CO Howington testified that the grass violation at this property is an on -going issue, and that the grass is not mowed until code enforcement contacts Mr. Sabeti to advise him that the grass needs to be mowed. According to the property appraiser's website Mr. Sabeti has owned the property since at least 1993. Since 2004, there have been 16 different times that Mr. Sabeti has been contacted regarding grass being in excess of 10" in height. CO Howington stated that due to the number of times the respondent has had to be contacted or cited, a Notice of Hearing was prepared and mailed to the Respondent on 8/28/14. Mr. Matt Sabeti picked up the Notice of Hearing on 8/30/14. CO Howington stated that shortly after receiving the Notice of Hearing, Mr. Sabeti contacted CO Howington and advised that lie would be out of the country at the time of the September meeting and requested a continuance until this meeting. This request was granted. The Notice of Hearing for the October meeting was mailed certified on 10/2/14 and was delivered on 10/3/14 and signed for by Matt Sabeti. CO Howington conducted a re -inspection on the day of 'the meeting and found that the grass again needed to be mowed as the grass was again in excess of 10" and at the front of the lot near the chain link fence (north'side), the grass & weeds appeared to be between 3 and 4' in height. The grass was also high along the side property lines. CO Howington stated the elements surrounding the violation. The city requested that the respondent be found guilty of violating CC, Chap. 38, Sec. 38-141. The city also requested an administrative fee in the amount of $243.26 be imposed, to be paid within 30 days of receipt of the final orders. CEH 10-23-2014 Page 4 of 9 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 The Respondent, Mr. Sabeti gave testimony regarding the. case. The City's attorney had questions for Mr. Sabeti regarding the frequency of the mowing. The Special Magistrate made her findings. It was the order of the Special Magistrate that based on the foregoing, the respondent has violated CC, Chap. 38, Sec. 38-141. In support of that finding it was found that a public nuisance was present at the cited property located within 100' feet of improved property within the City of Longwood and that tall grass and weeds in excess of 10" in height are present at the cited property past the date set for compliance. The property's condition was so unsightly that it affected adjacent land owner's property values. In its present condition, the property may become infested with rodents or it may become a breeding ground for mosquitoes. - Respondent is to pay an administrative cost of $243.26 which is to be paid within 30 days of service of this order. There is also a requirement that compliance requires that the grass must be mowed and maintained regularly in compliance of the;code. 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 withdrawn as complied. G.. CEH 14-10-976 CC, Chapter 38, Section 38-141 High Grass & Weeds Jensen, Hans 169 Sandalwood Way Longwood, FL 32750 CEO Kidd introduced herself and presented evidence to the Special Magistrate. CEO Kidd stated that the subject property is owned by Hans Jensen. Jensen was not present. CEH 10-23-2014 Page 5 of 9 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 CEO Kidd stated that a Notice of Violation was issued on 8/11/14 to comply by 8/18/14. A re -inspection was completed on 8/21/14 and�the violation continued to exist. Said notice was then mailed certified to the owner of record Hans Jensen on 8/21/14. CEO Kidd provided a copy of the certified signed receipt dated 8/28/14. CEO Kidd received a call from the property owner on 8/28/14. Jensen stated he no longer lives at the property, the bank will not work with him, and therefore he will not do anything to the property. CEO Kidd conducted another re -inspection of the property on 9/2/14 and found that the violation continued to exist. A Notice of Hearing was prepared and mailed certified to the property owner, Hans Jensen on 9/30/14. CEO Kidd testified that the NOH was also FCM to the property owner on 10/8/14. An Affidavit of FCM was completed. CEO Kidd posted the NOH at the property and City Hall on 10/13/14. The Special Magistrate asked questions of the code officer. The Special Magistrate made her findings in that service was properly made on the respondent property owner. A public nuisance was created at the cited property located within 100' of improved properties,' in that tall grass was present on the front, side and back yards past the date set for compliance. The condition of the grass and property is such that it may provide harborage for animals. 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 ha's violated CC, Chap. 38, Sec. 38-141. To come into compliance the following must occur: The lawn must be mowed and maintained on a regular basis. Respondent property owner is to pay an administrative cost of $258.93 within 30 days of service of the order. Respondent is given 5 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 for each day the violation continues to exist beyond the date set for compliance. The Respondent must pay' for the cost of mowing within 15 days after receipt of an invoice if the City of Longwood is forced to mow if Respondent does not timely comply with the Order. CEH 10-23-2014 Page 6 of 9 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 H. CEH 14-10-977 LDC, Article X Section 10.1.0 FBC, Section 105.1 Construction Permit 924 N Grant Street Longwood, FL 32750 Case withdrawn as complied. I. CEH 14-10-978 CC, Chapter 38 Section 38-141 High Grass & Weeds Algibe Rev Living TR FBO — Property Owner Bennett, Tareika - Tenant 1418 Meadowlark Street Longwood, FL 32750 Case withdrawn as complied. J. CEH 14-10-979 CC, Chapter 38 Section 38-121 Trash & Debris Lee, Chao -I & Chou, Huang-Jen — Property Owner 800 Classic Oak Lane Longwood, FL 32750 Case withdrawn as complied. K. CEH 14-10-981 CC, Chapter 38 Section 38-141 High Grass & Weeds CC, Chapter 38 Section 38-121 Trash & Debris Scupper Corp 601 E Church Avenue Longwood, FL 32750 Case withdrawn as complied. CEH 10-23-2014 Page 7 of 9 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 L. CEH 14-09-973 CC, Chapter 74 Section 74-38(b) Maintenance of Stormwater Management System Brnk Casselberry LLC c/o Brnk LLC — Property Owner Albertson's - Tenant 200 S US HWY 17-92 Longwood, FL 32750 Case withdrawn as complied. M. CEH 14-10-982 CC, Chapter 14 Section 14-4(b) Public Nuisance Animals Wachter, Amanda 469 W Church Avenue Longwood, FL 32750 CEO Kidd introduced herself and presented evidence to the Special Magistrate. CEO Kidd stated that the subject property is owned by Amanda Wachter. Wachter was not present. CEO Kidd stated that a Notice of Violation was issued on 10/05/14 to comply by immediately due to the violation being a nuisance. CEO Kidd discussed several police logs and reports regarding this same issue. On 10/7/14 CEO Howington completed a re -inspection and found that the dog(s) were not barking. Due to the number of complaints and calls CEO Kidd received about this issue, a Notice of Hearing was prepared and served on Austin Binner who advised he is Wachter's roommate. Cynthia Zurfluh, a witness for the City and neighbor, gave testimony regarding this violation. The Special Magistrate asked questions of the witness. The Special Magistrate made her findings in that service was properly made on the respondent property owner. There is a violation of Minimum Property Standards in that there was rotted wood on the house past the date set for compliance. It was the conclusion of the Special Magistrate that the respondent property owner shall maintain full compliance with the ordinances of the City of CEH 10-23-2014 Page 8 of 9 CODE ENFORCEMENT HEARING' City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Longwood and that the respondent property owner has violated CC, Chap. 18 Sec. 18-63 Minimum Property Standards. To come into compliance the following must occur: All rotted wood on the dwelling must be repaired or replaced. Respondent property owner is to pay an administrative cost of $247.57 within 30 days of service of the order. Respondent is given 45 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 for each day the violation continues to exist beyond the date set for compliance. 7. REPORTS -CASE UPDATES None. S. UNFINISHED BUSINESS None. 9.. OLD BUSINESS None. 10. NEW BUSINESS None. I 11. ADJOURNMENT Special Magistrate Goodblatt adjourned the meeting at 8:21 pm. Amy Good At Brittany Kidd, Code Enforcement Officer i CEH 10-23-2014 Page 9 of 9