Loading...
SM_07-22-2021_MinCODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 July 22, 2021 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 April 22, 2021 HEARING: Special Magistrate Goodblatt approved Minutes from the April 22, 2021 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 21-07-1668 CC, Chapter 82 Section 82-32 Business Tax Receipt Downer, Timothy & Ruth — P/O Downer's Concrete & Construction - Business 185 Citrus Tree Lane Longwood, FL 32750 Case withdrawn as complied. CEH 7-22-2021 Page 1 of 4 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 B. CEH 21-07-1670 CC, Chapter 82 Section 82-32 Business Tax Receipt Dounia Dv. Inc. — P/O Virginia's Seafood & Wings 968 W SR 434 Longwood, FL 32750 CEO Gelm introduced herself and presented a Cost Recovery document to the Special Magistrate. Respondents were not present. CEO Gelm stated that this property is in violation of CC, Chapter 82 Section 82-32 Business Tax Receipt because the business is open and operating at this location without a BTR. A Notice of Violation was issued on 11/23/2020 and mailed via certified mail to the property owner and business. The NOV was delivered on 11/25/2020 to the business. A Notice of Violation was issued on 4/1/2021 to the new property owner and mailed via certified mail. The NOV was delivered 4/29/2021. A Notice of Hearing was issued on 6/10/2021 and mailed via certified mail to the property owner and business. The NOH was delivered to the business on 6/12/2021. The NOH was mailed via First Class Mail on 6/18/2021 to the new property owner. On 6/28/2021 the NOH was emailed to the property manager, Chantelle, who acknowledge receipt. Special Magistrate made inquiry of the Code Compliance Officer. The Special Magistrate made her findings, finding that service was properly made. The Respondents failed to obtain a Business Tax Receipt as required by Code after notice due to the failure to meet building code compliance. Respondents must jointly and severally liable to pay Administrative Costs of $253.63 within 30 days of service of Final Orders. If Respondents do not comply within 10 days from the date of service of the Final Orders by applying for a permit and then obtaining a Business Tax Receipt immediately thereafter, Respondents shall jointly and severally pay a fine of $100.00 per day for each day the violation continues to exist past the date set for compliance. C. CEH 21-07-1671 CC, Chapter 38 Section 38-141 High Grass & Weeds Foreclosure Solutions of Cent. FI. 778 S Grant Street Longwood, FL 32750 CEO Gelm introduced herself and presented a Cost Recovery document and photos to the Special Magistrate. The Respondent/Property Owner, Robin Lewis was 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 high grass that is not being mowed and CEH 7-22-2021 Page 2 of 4 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 maintained on a regular basis. This property was initially cited for Outdoor Storage as well; however, that violation came into compliance prior to the Hearing. A Notice of Violation was issued on 5/192021 and mailed via certified mail to the property owner. The NOV was returned to sender on 6/2/2021. A Notice of Hearing was issued on 6/11/2021 and mailed via certified mail to the property owner and business. The NOH was delivered on 6/14/2021 to the property owner. Respondent Property Owner, Robin Lewis, provided testimony that the Notices were sent to an address that is no longer valid but which she did not change in public records. She was taking care of an ill relative and did not pay attention. The property was brought into compliance yesterday after the code inspector came to the property. Special Magistrate made inquiry of the Code Compliance Officer and Respondent. The Special Magistrate made her findings, finding that a public nuisance exists at the cited property, located within 100 feet of improved property in the City of Longwood due to tall grass and weeds. The condition of the property is such that it may become inhabited by rodents or may furnish a breeding ground for mosquitoes. Its condition may negatively impact adjacent property owners land values. Respondent is to pay a reduced Administrative Cost of $75.00 within 30 days of receipt of Final Orders. Should the property not come into compliance, a fine in the amount of $25.00 per day will be imposed until compliance is met. D. CEH 21-07-1674 CC, Chapter 86 Section 86-54 Storage of Inop. Vehicle Tommie Key Enh. Life Estate 136 Glendale Drive 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 86 Section 86-54 Storage of Inoperable Vehicle because there is a red Dodge pickup being stored in the driveway with flat tires and an expired tag. A Notice of Violation was issued on 6/4/2021 and mailed via certified mail to the property owner. The NOV was delivered on 6/7/2021. A Notice of Hearing was issued on 6/18/2021 and mailed via certified mail to the property owner. The NOH was delivered on 6/21/2021 to the property. Special Magistrate made inquiry of the Code Compliance Officer. CEH 7-22-2021 Page 3 of 4 CODE ENFORCEMENT HEARING City Commission Chambers 175 West Warren Avenue Longwood, FL 32750 The Special Magistrate made her findings, finding that service was properly made. An inoperable vehicle was parked in the driveway of the cited property past the date set for compliance. The property is zoned residential. The vehicle is inoperable because it is not legally capable of being driven immediately on a public street due to the flat tires and an expired tag. The Respondent must make the vehicle operable by repairing the tires and securing a valid tag, remove it from the property, or store the truck inside a garage or in the side or rear yard behind a six -foot -tall solid fence, wall or healthy evergreen hedge. Respondent is to pay Administrative Costs of $255.33 within 30 days of receipt of Final Orders. Respondent has 5 days from receipt of Final Orders to come into compliance. Should the property not come into compliance, a fine in the amount of $40.00 per day will be imposed until compliance is met. 7. REPORTS -CASE UPDATES None. 8. UNFINISHED BUSINESS A. Special Magistrate signed the Order to Impose for CEH 21-01-1633 in reference to 11 Tappan Zee Lane. B. Special Magistrate signed the Order to Impose for CEH 19-09-1493R in reference to 390 W SR 434. C. Special Magistrate signed the Order to Impose for CEH 21-02-1636 in reference to 151 N US HWY 17-92. 9. OLD BUSINESS None. 10. NEW BUSINESS A. Property Owner Amy Balsavage, requested her Order to Impose for CEH 17-08-1192R in reference to 795 Meadowlark Court be continued to the August Hearing. 11. ADJOURNMENT Special Magistrate Goodblatt adjourned the meeting at 9:34 a.m. we IX,1W Amy Goodblatt, Special Magistrate Brittany Kidd Gel , Code Compliance Officer CEH 7-22-2021 Page 4 of 4