Loading...
Special Magistrate_09-22-16_MinCODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 September 22, 2016 Present: Amy Goodblatt, Special Magistrate Gayle Owens, City Attorney Also Present: Brittany Gelm, 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 JANUARY 28, 2016 HEARING: Special Magistrate Goodblatt approved Minutes from the August 25, 2016 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 16-09-1120 CC, Chapter 86 Section 86-83 Boat, Trailer & RV Parking Edwards, Ammie — Property Owner Rounavaara, Kaleb —Trailer Owner 562 N Highland Street Longwood, FL 32750 Withdrawn as complied. CEH 09-22-2016 Page 1 of 8 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 B. CEH 16-09-1122 CC, Chapter 38 Section 38-141 High Grass & Weeds Lee, Ruby 290 Orange Avenue Longwood, FL 32750 CEO Gelm introduced herself and presented evidence and the Cost Recovery Worksheet to the Special Magistrate. The Respondent was not present. CEO Gelm stated that this property is in violation of CC, Chapter 38 Section 38-141 High Grass & Weeds because the entire property, has grass and weeds in excess of ten inches. A Notice,of Violation was issued on 7/8/16 with a compliance date of 7/18/16. Said notice was mailed certified to the property owner on 7/8/16. On 7/26/16 CEO Gelm advised she received the certified NOV back signed by Deborah Griffin dated 7/23/16. On 8/26/16 a NOH was certified mailed to the property owner. On 9/8/16 a NOH was FCM to the property owner. On 9/9/16 the NOH was posted at the property and City Hall. The City is requesting the Respondent(s) be found guilty of violating CC, Chapter 38 Section 38-141 High Grass & Weeds. We ask that the Respondent(s) be given 10 days to come into compliance after the Receipt of Final Orders. If the property does not come into compliance, we ask that the City be granted an Order to enter the property to remedy the violation as it is in between two occupied dwellings and does cause an endangerment to surrounding properties regarding vermin, rodents, snakes, etc... as well as depreciates surrounding property values. The City would then send the bill to the property owner. We also askthat an administrative cost of $234.42 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. Special Magistrate Goodblatt asked questions of CEO Gelm. The Special Magistrate made her findings in that service was properly made on the respondent property owner, Deborah Griffin, by FCM and posting the CEH 09-22-2016 Page 2 of 8 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 property. The property is not in compliance with CC, Chapter 38 Section 38-141 High Grass and Weeds in that the grass and weeds are in excess of ten inches. Such condition of the property may cause it to be infested with vermin, mosquitos or wild animals. To come into compliance the following must occur: The entire property must be mowed and maintained on a regular basis. Respondent- must comply within 20 days of Service of the Order. Should the property not come into compliance, the City may enter the property to mow it and bring it into compliance with City Codes and assess the reasonable costs for these services against the Respondent. Respondent property owner is to pay an administrative cost of $234.42 within 30 days of service of the Final Orders. C. CEH 16-09-112V'3 CC, Chapter 38 Section 38-141 High Grass & Weeds Irizarry, Rafael & Estalee 182 N Oak Street Longwood, FL 32750 CEO Gelm introduced herself and presented evidence and the Cost Recovery Worksheet to the Special Magistrate. The Respondent was not present. CEO Gelm stated that this property is in violation of CC, Chapter 38 Section 38-141 High Grass & Weeds because the entire property has grass and weeds in excess of ten inches. A Notice of Violation was issued on 8/10/16 with a compliance date of 8/17/16. Said notice was mailed certified to the property owner on 8/10/16. On 8/26/16 CEO Gelm advised she received the certified NOV back signed by Estalee Irizarry dated 8/18/16. On 8/26/16 a NOH was certified mailed to the property owner. On 9/6/16 the certified NOH green card was received signed by Estalee Irizarry dated 8/30/16. The City is requesting the Respondent(s) be found guilty of violating CC, Chapter 38 Section 38-141 High Grass & Weeds. We ask that the Respondent(s) be given 10 days to come into compliance after the Receipt of Final Orders. If the property does not come into compliance, we ask that the City be granted an Order to enter the property to remedy the violation as it is in between two occupied dwellings and does cause an endangerment to surrounding properties regarding vermin, rodents, snakes, etc... as well as depreciates surrounding property values. The City CEH 09-22-2016 Page 3 of 8 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 would then send the bill to the property owner. We also ask that an administrative cost of $233.96be imposed and to be paid within 30 days of Receipt of Final Orders. The administrative cost is based on my worksheet which was submitted into evidence. Special Magistrate Goodblatt asked questions of CEO Gelm. The Special Magistrate made her findings in that service was properly made on the respondent property owner, Estalee Irizarry. The property is not in compliance with CC, Chapter 38 Section 38-141 High Grass and Weeds in that the grass and weeds are in excess of ten inches. Such condition of the property may cause it to be infested with vermin, mosquitos or wild animals. To come into compliance the following must occur: The entire property must be mowed and maintained on a regular basis. Respondent must comply within 20 days of Service of the Order. Should the property not come into compliance, the City may enter the property to mow it and bring it into compliance with City Codes and assess the reasonable costs for these services against the Respondent. Respondent property owner is to pay an administrative cost of $233.96 within 30 days of service of the Final Orders. D. CEH 16-09-1124 CC, Chapter 18 Section 18-63 Minimum Property Standards Federal National Mtg Assn — Property Owner Hartman, Bryan —Tenant 920 S Oleander Street Longwood, FL 32750 CEO Gelm introduced herself and presented evidence and the Cost Recovery Worksheet to the Special Magistrate. The Respondent, Bryan Hartman, was present, as well as his caregiver, Gina Salvo. CEO Gelm stated that this property is in violation of CC, Chapter 18 Section 18-63 Minimum Property Standards because the fence on the property is full of mold and is falling apart. A Notice of Violation was issued on 7/12/16 with a compliance date of 7/31/16. Said notice was mailed certified to the property owner and tenant on that same date. CEH 09-22-2016 Page 4 of 8 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 On 7/18/16 CEO Gelm advised she received the certified NOV back from the tenant signed and dated 7/14/16. On 7/29/16 CEO Gelm advised she received the certified NOV back from the property owner signed and dated 7/25/16. On 8/26/16 a NOH was certified mailed to the property owner and tenant. On 8/31/16 the certified NOH green card was received from the tenant signed by Gina S. dated 8/29/16. On 9/9/16 the NOH was posted at the property and City Hall. The City is requesting the Respondent(s) be found guilty of violating CC, Chapter 18 Section 18-63 Minimum Property Standards. 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 $100.00 be imposed each day until compliance is met. We also ask that an administrative cost of $240.92 be imposed and to be paid within 30 days of Receipt of Final Orders. The administrative cost is based on my worksheet which was submitted into evidence. The Respondent, Bryan Hartman, gave testimony about this case. Special Magistrate asked questions of the Respondent and of CEO Gelm. The Special Magistrate made her findings in that service was properly made on the respondent property owner, Bryan Hartman. The property is not in compliance with CC, Chapter 18 Section 18-63 Minimum Property Standards in that the fence is in disrepair, is molding and falling down. To come into compliance the following must occur: The fence must be mold free within 30 days of receipt of the Final Orders. The fence must also be repaired or removed by December 15, 2016. Administrative costs of $240.92 are payable only if the fence is not repaired on or before December 15, 2016. If repaired timely, the Administrative fee. is waived. Should the property not come into compliance, the Respondent shall pay a fine in the amount of $10.00 per day for each day the violation continues to exist past the date set for compliance. E. CEH 16-09-1125 CC, Chapter 38 Section 38-141 High Grass & Weeds VBJ INV LLC 881 W Warren Avenue Longwood, FL 32750 CEO Gelm introduced herself and presented evidence and the Cost Recovery Worksheet to the Special Magistrate. The Respondent was not present. CEH 09-22-2016 Page 5 of 8 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 CEO Gelm stated that this property is in violation of CC, Chapter 38 Section 38-141 High Grass & Weeds because the entire left side of the property has grass and weeds in excess of ten inches which is not being maintained. A Notice of Violation was issued on 7/27/16 with a compliance date of 8/12/16. Said notice was mailed certified to the property owner on that same date. On 8/3/16 CEO Gelm advised she received the certified green card back from the property owner signed and not dated. On 8/30/16 a NOH was certified mailed to the property owner. The City is requesting the Respondent(s) be found guilty of violating CC, Chapter 38 Section 38-141 High Grass & Weeds. We ask that the Respondent(s) be given 10 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 $100.00 per day be imposed each day until compliance is met. The City also asks that an administrative cost of $233.96 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 Special Magistrate made her findings in that service was properly made on the respondent property owner. The property is not in compliance with CC, Chapter 38 Section 38-141 High Grass and Weeds in that the grass and weeds are in excess of ten inches. Such condition of the property may cause it to be infested with vermin, mosquitos or wild animals. To come into compliance the following must occur: The entire property must be mowed and maintained on a regular basis. Respondent must comply within 15 days of Service of the Order. Should the property not come into compliance, a fine in the amount of $50.00 per day shall be imposed for each day the violation continues to exist past the date set for compliance. Respondent property owner is to pay an administrative cost of $233.96 within 30 days of service of the Final Orders. F. CEH 16-09-1130 CC, Chapter 38 Section 38-31(4) Nuisance David Kemp TR Dane Lane Roadway Parcel: 06-21-30-300-0350-0000 Longwood, FL 32750 CEH 09-22-2016 Page 6 of 8 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 CEO Gelm introduced herself and presented evidence and the Cost Recovery Worksheet to the Special Magistrate. The Respondent was not present. CEO Gelm stated that this property is in violation of CC, Chapter 38 Section 38- 31(4) Nuisance because there are several large pot holes in the privately owned roadway which causes danger to vehicles driving down this road. A Notice of Violation was issued on 7/21/16 with a compliance date of 8/11/16. Said notice was mailed certified to the property owner on that same date. On 8/8/16 CEO Gelm advised she received the certified green card back from the property owner not signed and not dated. On 9/8/16 a NOH was certified mailed and FCM to the property owner. On 9/9/16 the NOH was posted at the property and at City Hall. The City is requesting the Respondent(s) be found guilty of violating CC, Chapter 38 Section 38-31(4) Nuisance. 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 $100.00 per day be imposed each day until compliance is met. We also ask that an administrative cost of $234.44 be imposed and to be paid within 30 days of Receipt of Final Orders. The administrative cost is based on my worksheet which was submitted into evidence. The Special Magistrate made her findings in that service was properly made on the respondent property owner. The property is not in compliance with CC, Chapter 38 Section 38-31(4) Nuisance, in that large pot holes are in a private roadway rendering it dangerous for vehicles to pass. To come into compliance the following must occur: A permit must be obtained to re -surface and completely re- surface the roadway such that all pot holes are filled in. Respondent must comply within 30 days of Service of the Order by obtaining the permit and/or re -surfacing the roadway within 60 days of the service of this Order. Should the property not come into complaince, a fine in the amount of $100.00 per day shall be imposed for each day the violation continues to exist past the date set for compliance. Respondent property owner is to pay an administrative cost of $234.44 within 30 days of service of the Final Orders. CEH 09-22-2016 Page 7 of 8 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 7. REPORTS -CASE UPDATES None. 8. UNFINISHED BUSINESS None. 9. OLD BUSINESS None. 10. NEW BUSINESS . Special Magistrate wanted to note that the November Hearing has been scheduled for 11/14/16. CEO Gelm also advised we will have an October Hearing as well on the regularly scheduled date. 11. ADJOURNMENT Special Magistrate Goodblatt adjourned the meeting at 7:46 pm. blatt PA 7Y OJW Brittany Gelm, Code Enforcement Officer CEH 09-22-2016 Page 8 of 8