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Special Magistrate_01-28-16_MinCODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 January 28, 2016 7:00 P.M. Present: Amy Goodblatt, Special Magistrate Gayle Owens, City Attorney Also Present: Brittany Kidd, Code Enforcement Officer Greg Teague, City Engineer 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 December 8, 2015 HEARING: Special Magistrate Goodblatt approved Minutes from the December 8, 2015 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. CEH 01-28-2016 Page 1 of 5 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 6. PUBLIC HEARINGS: A. CEH 15-12-1061 CC, Chapter 74 Section 74-38(b)(5) Maintenance of Stormwater Management System Youssef, Manal 701 Wildmere Village Cove Longwood, FL 32750 CEO Kidd introduced herself and presented evidence and the Cost Recovery Worksheet to the Special Magistrate, as well as to the Respondent, Manal Youssef. CEO Kidd stated that this property is in violation of CC, Chapter 74 Section 74- 38(b)(5) Maintenance of Stormwater Management System because the side and back yard swales were filled in with dirt and grass obstructing the storm water system. CEO Kidd stated that she was notified by Public Works that the swale along the side and rear of the house had. been filled in with dirt and grass. A Notice of Violation was issued on 2/12/15 with a compliance date of 3/8/15. Said notice was mailed certified to the property owner. On 2/18/15 CEO Kidd advised she received the certified mail green card back from the property owner signed and dated 2/14/15. CEO Kidd advised she had many conversations with the Respondent's Attorney about what needed to be done to bring this property into compliance and the Respondent was given many extensions over. the course of a year to bring the property into compliance. On 12/9/15 a NOH was certified mailed to the property owner. The City is requesting the Respondent(s) be found guilty of violating CC, Chapter 74 Section 74-38(b)(5). We ask that the Respondent(s) be given 30 days to come into compliance after the Receipt of Final Orders. If the property does not come into compliance, we ask that a fine in the amount of $250.00 per day be imposed until the property is in compliance. The City also asks that an administrative cost of $289.41 be imposed and to be paid within 30 days of Receipt of Final Orders. The administrative cost is based on the Cost Recovery worksheet which was submitted into evidence. CEH 01-28-2016 Page 2 of 5 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 Greg Teague of Pegasus Engineering gave testimony as a witness.for the City.. The Respondent, Manal Youssef, testified regarding this property. Paul Rochele gave testimony as a witness to the Respondent. Special Magistrate Goodblatt asked questions of Greg and Mahal. SM Goodblatt asked further questions of the City. The Special Magistrate made her findings in that service was properly made on the respondent property owner, Manal Youssef. The .property is not . in . compliance with CC, Chapter 74 Section 74-38(b)(5) in that the storm water system was altered by creating a manmade obstruction in the form of fill dirt and sod as an alteration to an existing site plan. To come into compliance the following must occur: Obtain any necessary permits to bring the swale back into compliance with the original site plan and complete the work bringing the swale alongside the house to five feet. and the swale along the back to four feet deep. Respondent must comply by March 31, 2016 or the respondent shall pay a fine of $75.00 per day for each day the violation continue to exist beyond the date set for compliance. Respondent property owner is to pay an administrative cost of $289.41 within 30 days of service of the Final Orders. B. CEH 16-01-1067 CC, Chapter 86 Section 86-54 Storage of Inoperable Vehicles Maria Monard Heirs c/o Joe Bances 1817 Torrington Circle Longwood, FL 32750 CEO Kidd introduced herself and presented evidence and the Cost Recovery Worksheet to the Special Magistrate, as well as the Respondent, Bruno Bances Monard. CEO Kidd stated that this property is in violation of CC, Chapter 86 Section 86-54 Storage of Inoperable Vehicles because there is a white van in the driveway of this property with an expired tag. CEO Kidd stated she observed the white van in the driveway of this property not properly screened or garaged as required by Code. A Notice of Violation was issued on 10/7/15 with a compliance. date of 10/17/15. This is a homestead property. CEH 01-28-2016 Page 3 of 5 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 On 12/16/15 a NOH was served on Bruno Bances by Officer Guererro of the Longwood Police Department. The City is requesting the Respondent(s) be found guilty of violating CC, Chapter 86 Section 86-54 Storage of Inoperable Vehicles. We ask that the Respondent(s) be given 30 days to come into compliance after the Receipt of Final Orders. If the property does not come into compliance, we ask that a fine in the amount of $150.00 per day be imposed until the property is in compliance. The City also asks that an administrative cost of $227.48 be imposed and to be paid within 30 days of Receipt of Final Orders. The administrative cost is based on the Cost Recovery Worksheet which was submitted into evidence. The Respondent, Bruno Bances Monard gave testimony regarding the violation. Special Magistrate Goodblatt asked questions of the Respondent. The Special Magistrate made her findings in that service was properly made on the respondent property owner, Maria Monard Heirs c/o Joe . Bances. The property is not in compliance with CC, Chapter 86 Section 86-54 Storage of Inoperable Vehicles in that an inoperable vehicle was parked in the driveway of the cited property without being properly screened or garaged as required by Code. To come into compliance the following must occur: The vehicle must be made operable by virtue of a renewed tag or it must be removed or stored in a garage or carport, or parked in a side or rear yard and screened from the street and all abutting lots by a healthy evergreen hedge, wall or solid fence. Respondent property owner is to pay an.administrative cost of $75.00 within 30 days of service of the order. If Respondent does not comply within 45 days from the service of the Order, Respondent shall pay a fine in the amount of $25.00 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 01-28-2016 Page 4 of 5 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 9. OLD BUSINESS None. 10. NEW BUSINESS Code Enforcement will not hold a Hearing in March 2016 due to the Code Officer being on vacation. 11. ADJOURNMENT Special Magistrate Goodblatt adjourned the meeting at 7:59 pm. Amy Goodblatt, SpWcial Magistrate Goodblatt Brittany Kidd, Code nfo cement Officer CEH 01-28-2016 Page 5 of 5