Loading...
SM_12-10-2020_Min CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 December 10,2020 9:00 A.M Present: Amy Goodblatt,Special Magistrate J Giffin Chumley, City Attorney Also Present: Brittany Kidd Gelm, Code Compliance Officer 1. CALL MEETING TO ORDER. Special Magistrate Amy Goodblatt called the meeting to order at 9.00 a m 2. APPROVAL OF THE MINUTES FROM THE September 24, 2020 HEARING Special Magistrate Goodblatt approved Minutes from the September 24, 2020 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. 5 SWEARING IN OF ALL WITNESSES. Special Magistrate Goodblatt swore in all witnesses. 6 PUBLIC HEARINGS. A. CEH 20-08-1578 LDC,Article X Section 10 1.0 Construction Permit Lopez-Riano,Juan &Osorio, Lina 749 E Church Avenue Longwood, FL 32750 CEO Gelm introduced herself and presented a Cost Recovery document to the Special Magistrate The Respondent/Property Owner was were present via a representative, Oscar Garcia Phil Kersey, Building Official for the City of Longwood,was also present. CEO Gelm stated that this property is in violation of LDC, Article X Section 101.0 Construction Permit. This property is in violation because the exterior doors were replaced without a permit. A Stop Work Order was issued by the Building Official, Phil Kersey CEH 12-10-2020 Page 1 of 6 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 A Notice of Violation was issued on 5/28/2020 and certified mailed to the property owner A Notice of Hearing was issued on 10/20/2020 and certified mailed to the property owner The NOH was First Class Mailed to the property owner on 10/28/2020 On 11/23/2020 The NOH was posted at the property and Longwood City Hall Numerous extensions were granted to the property owner by the City Mr Garcia testified that the property owner is his cousin and he is asking for consideration as the property owner lives in California,is in the Navy and has been deployed frequently Respondent submitted exhibits explaining their position Phil Kersey, Building Official for the City of Longwood testified that the City has been more than accommodating to this property owner Special Magistrate made inquiry of the Code Compliance Officer, Building Official and Respondents. The Special Magistrate made her findings, finding that service was properly made The property owner was found in violation of LDC, Article X Section 1010 Construction Permit. Respondents have until 2/1/2021 to come into compliance by obtaining a permit to replace the exterior doors and then 30 days after issuance of the permit to pass the final inspection successfully Should the property not come into compliance, a fine in the amount of $50 00 per day will be imposed until compliance is met. Respondents must also pay an Administrative Fine of$100 00 within 30 days of receipt of Final Orders. B CEH 20-12-1606 CC, Chapter 18 Section 18-63 Min Property Standards CC, Chapter 38 Section 38-141 High Grass&Weeds CC, Chapter 38 Section 38-121 Trash & Debris Webb, Duane & Irma 986 N Wayman Street Longwood, FL 32750 CEO Gelm introduced herself and presented a Cost Recovery document and photos to the Special Magistrate The Respondent/Property Owner was not present. CEO Gelm stated that this property is in violation of CC, Chapter 18 Section 18-63 Min Property Standards, CC, Chapter 38 Section 38-141 High Grass&Weeds and CC, Chapter 38 Section 38-121 Trash & Debris because the entire property has high grass and weeds, there is a pile of fence debris in the back yard and the fence is falling down CEH 12-10-2020 Page 2 of 6 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 A Notice of Violation was issued on 9/21/2020 and mailed via certified mail to the property owner On 9/30/2020 the NOV was mailed via First Class mail to the property owner A Notice of Hearing was issued on 10/7/2020 and certified mailed to the property owner The NOH was delivered on 10/19/2020 On 12/3/2020 an unidentified female left a voicemail for the Code Compliance Officer advising that the property is mowed every other week.She further advised that the fence is FEMA's responsibility to repair Special Magistrate made inquiry of the Code Compliance Officer The Special Magistrate made her findings, finding that service was properly made A nuisance exists at the cited property located within 100 feet of improved property due to an accumulation offence debris.The condition of the property is such that is may become infested with rodents. Its condition threatens public safety The property also exhibits an untended growth of weeds and grass, which may furnish a breeding ground for mosquitos.The property owner was found in violation of CC, Chapter 38 Section 38-141 High Grass&Weeds, CC, Chapter 38 Section 38-121 Trash and Debris and CC, Chapter 18 Section 18-63 Minimum Property Standards Respondents have 7 days from receipt of Final Orders to come into compliance by mowing and maintaining the entire property to include removing the vines growing on the house, removing the pile of fencing in the back yard and removing or replacing the falling fence Should the property not come into compliance,a fine in the amount of$50 00 PER DAY PER VIOLATION will be imposed until compliance is met. Respondents must also pay an Administrative Fine of$248.30 within 30 days of receipt of Final Orders. C. CEH 20-12-1611 CC, Chapter 38 Section 38-141 High Grass&Weeds Sperry,Jack 380 Harbour Isle Way Longwood, FL 32750 CEO Gelm introduced herself and presented a Cost Recovery document and photos to the Special Magistrate The Respondent/Property Owner was not present. CEO Gelm stated that this property is in violation of CC, Chapter 38 Section 38-141 High Grass & Weeds because there is a section of weeds and grass in the front yard that are not being maintained A Notice of Violation was issued on 10/1/2020, and mailed via certified mail to the property owner The NOV was delivered on 10/3/2020 CEH 12-10-2020 Page 3 of 6 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 A Notice of Hearing was issued on 10/13/2020 The NOH was delivered on 10/16/2020 Special Magistrate made inquiry of the Code Compliance Officer The Special Magistrate made her findings, finding that service was properly made The property owner has created a nuisance by failing to weed/mow tall weeds on the property The property owner was found in violation of CC, Chapter 38 Section 38-141 High Grass&Weeds. Respondents have 5 days from receipt of Final Orders to com e into compliance by mowing and maintaining the entire property to include the flower bed area in the front yard Should the property not come into compliance, a fine in the amount of $25 00 per day will be imposed until compliance is met. Respondents must also pay an Administrative Fine of$241 63 within 30 days of receipt of Final Orders. D CEH 20-12-1615 LDC,Article X Section 10 1.0 Construction Permit Jake 55 LLC 327 S Ronald Reagan Blvd Longwood, FL 32750 CEO Gelm introduced herself and presented a Cost Recovery document and photos to the Special Magistrate The Respondent/Property Owner was not present. Building Official, Phil Kersey, was also present. CEO Gelm stated that this property is in violation of LDC, Article X Section 1010 Construction Permit because there are interior alterations that were completed without permits.A Stop Work Order was issued by the Building Official A Notice of Violation was issued on 10/15/2020 and mailed via certified mail to the property owner The NOV was delivered on 10/17/2020 A Notice of Hearing was issued on 10/27/2020 and mailed via certified mail to the property owner The NOH was delivered on 10/29/2020 Building Official Phil Kersey testified that electrical work,walls,duct work and pipes were altered without permits. He met with the property owner, but no communications have occurred since Special Magistrate made inquiry of the Code Compliance Officer The Special Magistrate made her findings, finding that service was properly made The Respondent was found in violation of LDC,Article X Section 10 1.0 by making exterior and interior alterations without permits. Respondents have 10 days from receipt of Final Orders to come into compliance by applying for a construction permit and 60 days after issuance to complete all work and pass all inspections successfully Should the property CEH 12-10-2020 Page 4 of 6 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 not come into compliance, a fine in the amount of$100 00 per day will be imposed until compliance is met. Respondents must also pay an Administrative Fine of$241 63 within 30 days of receipt of Final Orders E CEH 20-12-1617 CC, Chapter 18 Section 18-63 Min Property Standards Walker, Eulah & Harris, Rita—P/O Wendy's-Tenant 815 W SR 434 Longwood, FL 32750 CEO Gelm introduced herself and presented a Cost Recovery and photos to the Special Magistrate The Respondent/Property Owner was not present. CEO Gelm stated that this property is in violation of CC, Chapter 18 Section 18-63 Min Property Standards because there is a fence on the side of the property that is rotted and falling down A Notice of Violation was issued on 10/20/2020 and certified mailed to the property owner and tenant.The NOV was delivered on 10/26/2020 to the property owner A Notice of Hearing was issued on 11/12/2020 and mailed via certified mail to the property owner and tenant. The NOH was delivered on 11/4/2020 to the tenant and 11/16/2020 to the property owner The City did receive communication from a representative of the property owner She expressed that she felt this was not the property owner's responsibility A Wendy's representative, Miguel, indicated that the fence would be removed the week of November 30, 2020 It had not been removed as of December 9, 2020 Special Magistrate made inquiry of the Code Compliance Officer The Special Magistrate made her findings, finding that service was properly made The property failed to meet Minimum Property Standards in that the fence at the property is unsafe and not being maintained, as it is rotting and falling down Respondents have 10 days from receipt of Final Orders to come into compliance by removing or repairing the fence Should the property not come into compliance, a fine in the amount of$75 00 per day shall be imposed until compliance is met. Respondents must also pay an Administrative Fine of$259.35 within 30 days of receipt of Final Orders 7 REPORTS-CASE UPDATES None CEH 12-10-2020 Page 5 of 6 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 8 UNFINISHED BUSINESS A. Special Magistrate signed the Order to Impose for CEH 20-07-1562 in reference to 526 E Jessup Avenue B The Order to Impose for CEH 20-02-1543R in reference to 587 E SR 434 was continued 9 OLD BUSINESS None 10. NEW BUSINESS None 11. ADJOURNMENT Special Magistrate Goodblatt adjourned the meeting at 9 53 a m / j -i Pahl/VI Arai/d' °' 9,Special Magistrate Battanv Code Compliance Officer CEH 12-10-2020 Page 6 of 6 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 December 10,2020 9.00 A.M Present: Amy Goodblatt,Special Magistrate J Giffin Chumley, City Attorney Also Present: Brittany Kidd Gelm,Code Compliance Officer 1. CALL MEETING TO ORDER. Special Magistrate Amy Goodblatt called the meeting to order at 9.00 a m 2. APPROVAL OF THE MINUTES FROM THE September 24,2020 HEARING Special Magistrate Goodblatt approved Minutes from the September 24, 2020 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. 5 SWEARING IN OF ALL WITNESSES. Special Magistrate Goodblatt swore in all witnesses. 6. PUBLIC HEARINGS. A. CEH 20-08-1578 LDC,Article X Section 10 1.0 Construction Permit Lopez-Riano,Juan &Osorio, Lina 749 E Church Avenue Longwood, FL 32750 CEO Gelm introduced herself and presented a Cost Recovery document to the Special Magistrate The Respondent/Property Owner was were present via a representative, Oscar Garcia Phil Kersey, Building Official for the City of Longwood,was also present. CEO Gelm stated that this property is in violation of LDC, Article X Section 10.1.0 Construction Permit. This property is in violation because the exterior doors were replaced without a permit. A Stop Work Order was issued by the Building Official, Phil Kersey CEH 12-10-2020 Page 1 of 6 • CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 A Notice of Violation was issued on 5/28/2020 and certified mailed to the property owner A Notice of Hearing was issued on 10/20/2020 and certified mailed to the property owner The NOH was First Class Mailed to the property owner on 10/28/2020 On 11/23/2020 The NOH was posted at the property and Longwood City Hall. Numerous extensions were granted to the property owner by the City Mr Garcia testified that the property owner is his cousin and he is asking for consideration as the property owner lives in California,is in the Navy and has been deployed frequently Respondent submitted exhibits explaining their position Phil Kersey, Building Official for the City of Longwood testified that the City has been more than accommodating to this property owner Special Magistrate made inquiry of the Code Compliance Officer, Building Official and Respondents. The Special Magistrate made her findings, finding that service was properly made The property owner was found in violation of LDC, Article X Section 10 1.0 Construction Permit. Respondents have until 2/1/2021 to come into compliance by obtaining a permit to replace the exterior doors and then 30 days after issuance of the permit to pass the final inspection successfully Should the property not come into compliance, a fine in the amount of$50 00 per day will be imposed until compliance is met. Respondents must also pay an Administrative Fine of$100.00 within 30 days of receipt of Final Orders B CEH 20-12-1606 CC, Chapter 18 Section 18-63 Min Property Standards CC, Chapter 38 Section 38-141 High Grass&Weeds CC, Chapter 38 Section 38-121 Trash & Debris Webb, Duane & Irma 986 N Wayman Street Longwood, FL 32750 CEO Gelm introduced herself and presented a Cost Recovery document and photos to the Special Magistrate The Respondent/Property Owner was not present. CEO Gelm stated that this property is in violation of CC, Chapter 18 Section 18-63 Min Property Standards, CC, Chapter 38 Section 38-141 High Grass&Weeds and CC, Chapter 38 Section 38-121 Trash & Debris because the entire property has high grass and weeds, there is a pile of fence debris in the back yard and the fence is falling down CEH 12-10-2020 Page 2 of 6 1 I, CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 A Notice of Violation was issued on 9/21/2020 and mailed via certified mail to the property owner On 9/30/2020 the NOV was mailed via First Class mail to the property owner s3 A Notice of Hearing was issued on 10/7/2020 and certified mailed to the property owner The NOH was delivered on 10/19/2020 On 12/3/2020 an unidentified female left a voicemail for the Code Compliance Officer advising that the property is mowed every other week.She further advised that the fence is FEMA's responsibility to repair Special Magistrate made inquiry of the Code Compliance Officer The Special Magistrate made her findings, finding that service was properly made A nuisance exists at the cited property located within 100 feet of improved property due to an accumulation offence debris.The condition of the property is such that is may become infested with rodents. Its condition threatens public safety The property also exhibits an untended growth of weeds and grass, which may furnish a breeding ground for mosquitos. The property owner was found in violation of CC, Chapter 38 Section 38-141 High Grass&Weeds,CC, Chapter 38 Section 38-121 Trash and Debris and CC,Chapter 18 Section 18-63 Minimum Property Standards. Respondents have 7 days from receipt of Final Orders to come into compliance by mowing and maintaining the entire property to include removing the vines growing on the house, removing the pile of fencing in the back yard and removing or replacing the falling fence Should the property not come into compliance, a fine in the amount of$50.00 PER DAY PER VIOLATION will be imposed until compliance is met. Respondents must also pay an Administrative Fine of$248.30 within 30 days of receipt of Final Orders. C. CEH 20-12-1611 CC, Chapter 38 Section 38-141 High Grass&Weeds Sperry,Jack 380 Harbour Isle Way Longwood, FL 32750 CEO Gelm introduced herself and presented a Cost Recovery document and photos to the Special Magistrate The Respondent/Property Owner was not present. CEO Gelm stated that this property is in violation of CC, Chapter 38 Section 38-141 High Grass & Weeds because there is a section of weeds and grass in the front yard that are not being maintained A Notice of Violation was issued on 10/1/2020, and mailed via certified mail to the property owner The NOV was delivered on 10/3/2020 CEH 12-10-2020 Page 3 of 6 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 A Notice of Hearing was issued on 10/13/2020 The NOH was delivered on 10/16/2020 Special Magistrate made inquiry of the Code Compliance Officer ! The Special Magistrate made her findings, finding that service was properly made The property owner has created a nuisance by failing to weed/mow tall weeds on the property The property owner was found in violation of CC, Chapter 38 Section 38-141 High Grass&Weeds. Respondents have 5 days from receipt of Final Orders to come into compliance by mowing and maintaining the entire property to include the flower bed area in the front yard Should the property not come into compliance, a fine in the amount of $25.00 per day will be imposed until compliance is met. Respondents must also pay an Administrative Fine of$241.63 within 30 days of receipt of Final Orders. D CEH 20-12-1615 LDC,Article X Section 10 1.0 Construction Permit Jake 55 LLC 327 S Ronald Reagan Blvd Longwood, FL 32750 x CEO Gelm introduced herself and presented a Cost Recovery document and photos to the Special Magistrate The Respondent/Property Owner was not present. Building Official, Phil Kersey, was also present. CEO Gelm stated that this property is in violation of LDC, Article X Section 101.0 Construction Permit because there are interior alterations that were completed without permits.A Stop Work Order was issued by the Building Official A Notice of Violation was issued on 10/15/2020 and mailed via certified mail to the property owner The NOV was delivered on 10/17/2020 A Notice of Hearing was issued on 10/27/2020 and mailed via certified mail to the property owner The NOH was delivered on 10/29/2020 Building Official Phil Kersey testified that electrical work,walls, duct work and pipes were altered without permits. He met with the property owner, but no communications have occurred since Special Magistrate made inquiry of the Code Compliance Officer The Special Magistrate made her findings, finding that service was properly made The Respondent was found in violation of LDC,Article X Section 10 1.0 by making exterior and interior alterations without permits. Respondents have 10 days from receipt of Final Orders to come into compliance by applying for a construction permit and 60 days after issuance to complete all work and pass all inspections successfully Should the property CEH 12-10-2020 Page 4 of 6 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 not come into compliance, a fine in the amount of$100 00 per day will be imposed until compliance is met. Respondents must also pay an Administrative Fine of$241 63 within 30 days of receipt of Final Orders. E. CEH 20-12-1617 CC, Chapter 18 Section 18-63 Min Property Standards Walker, Eulah & Harris, Rita—P/O Wendy's-Tenant 815 W SR 434 Longwood, FL 32750 CEO Gelm introduced herself and presented a Cost Recovery and photos to the Special Magistrate The Respondent/Property Owner was not present. CEO Gelm stated that this property is in violation of CC, Chapter 18 Section 18-63 Min Property Standards because there is a fence on the side of the property that is rotted and falling down A Notice of Violation was issued on 10/20/2020 and certified mailed to the property owner and tenant.The NOV was delivered on 10/26/2020 to the property owner A Notice of Hearing was issued on 11/12/2020 and mailed via certified mail to the property owner and tenant. The NOH was delivered on 11/4/2020 to the tenant and 11/16/2020 to the property owner The City did receive communication from a representative of the property owner She expressed that she felt this was not the property owner's responsibility A Wendy's representative, Miguel, indicated that the fence would be removed the week of November 30, 2020 It had not been removed as of December 9, 2020 Special Magistrate made inquiry of the Code Compliance Officer The Special Magistrate made her findings, finding that service was properly made The property failed to meet Minimum Property Standards in that the fence at the property is unsafe and not being maintained, as it is rotting and falling down Respondents have 10 days from receipt of Final Orders to come into compliance by removing or repairing the fence Should the property not come into compliance,a fine in the amount of$75.00 per day shall be imposed until compliance is met. Respondents must also pay an Administrative Fine of$259.35 within 30 days of receipt of Final Orders. 7 REPORTS-CASE UPDATES None CEH 12-10-2020 Page 5 of 6 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 8 UNFINISHED BUSINESS A. Special Magistrate signed the Order to Impose for CEH 20-07-1562 in reference to 526 E Jessup Avenue B The Order to Impose for CEH 20-02-1543R in reference to 587 E SR 434 was continued 9 OLD BUSINESS None 10. NEW BUSINESS None 11. ADJOURNMENT Special Magistrate Goodblatt adjourned the meeting at 9 53 a.m .i 3/1La11/1. Ar`f eG Special Magistrate Brittany Kidd Code Compliance Officer CEH 12-10-2020 Page 6 of 6