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CEH-07-31-2024-MINS CODE ENFORCEMENT HEARING Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES J U LY 31, 2024 9:00 A.M. Present: Amy Goodblatt, Special Magistrate Brandon Pownall, City Attorney Also Present: Shelly Brana, Code Enforcement Officer Jared Roberson, Fire Marshal Mukesh &Sudha Inv. LLC, Respondent Anas Zaben, Respondent Joseph Nemchik, Respondent 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 MAY 23, 2024 HEARING: Special Magistrate Goodblatt approved Minutes from the May 23, 2024 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: CEH 7-31-2024/1 A-C CE24-00230 FL NFPA 01, SECTION 50.6.2.1 Ch. 50 Commercial Cooking, Section 50.6.2.1 CE24-00231 FBC, SECTION 111.1 Unlawful Occupancy & FL NFPA 01 Section 1.7.12.1 Unlawful Occupancy CE24-00258 CC, CHAPTER 82 SECTION 82-32 Business Tax Receipt MUKESH & SUDHA INV LLC 274 W SR 434 Longwood FL 32750 Shelly Brana, CEO, City of Longwood Code Enforcement Officer, introduced herself and presented a cost recovery document and photographs to the Special Magistrate and Respondent(s). The Respondent(s) were present. A Notice of Violation was issued on 6/13/2024 and mailed to the property owner via certified mailing. Confirmation was received of the Notice of Violation being delivered on 6/18/2024. A Notice of Hearing was issued on 7/16/24 and mailed to the property owner via certified mail. Confirmation was received of the Notice of Hearing being delivered on 7/18/24. Ms. Brana stated that the property was inspected by Fire and Building Officials on 6/11/2024 and the following violations were noted: 1. Extension cords were used in lieu of permanent wiring 2. The emergency lighting was not working. 3. The hood system was not cleaned. 4. The fire extinguishing system for the exhaust hoods are not maintained every 6 months as required. 5. The occupancy permitted for this property does not allow for tables and chairs. 6. There is no active Business Tax Receipt on file. Fire Marshal Jared Roberson testified that on 7/16/2024 he did a re-inspection and the violations were not corrected. The Respondent Property Owner testified that her lawyer filed an eviction action against the tenant. There are 2 Court dates this August. She asked to have additional time until the eviction is complete before the fines start to run. Anas Zaben, the tenant Business Owner, admitted to all of the violations. He advised the issue was obtaining the proper contractors. He has started the corrections. He hired an engineer, but the engineer's license was suspended. He CEH 7-31-2024/2 advised everything will be in compliance within 45 days. He will close the business on 8/10/2024 until the work is done. The Special Magistrate made inquiries of the Code Enforcement Office, Fire Marshal, and the Respondent and the Tenant. The Special Magistrate found that the Respondent has violated FL NFPA 01 Sections 11.1.3.2, 7.9.3.1.1, 50.5.6.1, 1.7.12.1, 50.6.2.1, FBC Section 111.1, and CC chapter 82-32. Compliance requires that the following be done: 1. Obtain Permits for the permanent wiring and pass inspections. 2. Repair and maintain all emergency lighting. 3. Clean and maintain the hood systems. Keep current records of the maintenance. 4. Clean and maintain the fire extinguishing system for the exhaust hoods. Keep updated records of the this. 5. Obtain permits for the Change of Occupancy. 6. Obtain a Business Tax Receipt. Respondents are to pay administrative costs of$100 per violation, except $25 for the Business Tax Receipt for a total of$525. The cost is to be paid within 30 days of service of the Final Orders. If the Respondents do not comply by 9/1/2024, Respondents shall pay a fine of$200 per violation except $25 per day only for the Business Tax Receipt (and no more that $250 total for the Business Tax Receipt violation) per day for each day the violations(s) continue (s) to exist beyond the date set for compliance. D-F CE23-00236 LDC, ARTICLE V SECTION 5.3.1(A) Fence-Swimming Pool CE23-00237 CC, CHAPTER 18 SECTION 18-63 Minimum Property Standards CE23-00238 CC, CHAPTER 18 SECTION 18-221 Outdoor Storage KRYSTNA BALABANSKI LIFE ESTATE 421 E. Warren Ave. Longwood FL 32750 Shelly Brana, CEO, City of Longwood Code Enforcement Officer, introduced herself and presented a cost recovery document and photographs to the Special Magistrate and Respondent(s). The Respondent(s) were not present. A Notice of Violation was issued on 10/6/2023 and mailed to the property owner via certified mailing. The Notice of Violation was returned to sender on 10/20/2023. It was duly served on 6/4/2024 by sending first class mail to 421 E. Warren Ave. Longwood FL 32750, posting on said property and the City. CEH 7-31-2024/3 A Notice of Hearing was duly served on Krystna Balabanski Life Estate, Respondents property owner, PO Box 568625, Orlando FL 32856 and 421 E. Warren, Ave. Longwood FL 32750 via First Class Mail on 6/27/2024 and by posting said property and the City, on 6/27/2024, after certified mail to the property owner was returned 7/8/2024. Ms. Brana stated that the property was in violation of minimum property standards in that is not maintained in a safe and sanitary condition. There are tarps and cinderblocks on the roof. She testified there is no enclosure or barrier around the swimming pool. There is outdoor storage in the form of a washing machine being stored outside of the property. The Special Magistrate made inquiries of the Code Enforcement Officer. The Special Magistrate found that the Respondent has violated LDC, ARTICLE V SECTION 5.3.1(A), CC, CHAPTER 18 SECTIONS 18-63, and CC, CHAPTER 18 SECTION 18-221. Compliance requires that the following be done: 1. Remove the pool or install an approved pool barrier with a permit. 2. Remove the tarps and cinderblocks. If the roof needs repairs, obtain a permit from the City of Longwood Building Department and fixl it. 3. Remove the washing machine from the driveway. Respondents are to pay administrative costs of $100 per violation for a total of $300. This cost is to be paid within 30 days of service of the Final Orders. If Respondents do not comply within 15 days from the date of service of the Final Orders, they shall pay a fine of $50 per violation per day for each day the violation(s) continue(s) to exist beyond the date set for compliance. 7. REPORTS-CASE UPDATES None. 8. UNFINISHED BUSINESS A. Special Magistrate requested to amend the Final Orders for CE23-00203; CE23-00204; CE23-00205 in reference to 1414 Meadowlark St. The Special Magistrate heard testimony from, Shelly Brana, CEO. The City requested the Special Magistrate amend the Final Orders for each case to remove the administrative fee and daily fine and to issue a fine of $500 per each of the cases. The Respondent, Joseph Nemchik agreed with the request CEH 7-31-2024/4 of the City. The Special Magistrate ruled to amend the Final Orders for each case to a fine of$500 to be paid within 30 days of delivery of the Final Orders. 9. OLD BUSINESS None. 10. NEW BUSINESS None. 11. ADJOURNMENT Special Magistrate Goodblatt adjourned the meeting at 9:56 a.m. _SOLCIi\) 3.Amy Goodblatt, Special Magistrate Shelly C. B , ode Compliance Officler CEH 7-31-2024/5