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CEH-10-24-2024-MINS CODE ENFORCEMENT HEARING Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES October 24, 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 Matthew Searcy, Respondent Jeffrey Huebner, Respondent Juliann Rivera, Respondent Guangyun & Mai Chen, Respondent(s) 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 JULY 31, 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. CEH 10-24-2024/1 6. PUBLIC HEARINGS: A. CE24-00099 CC, CHAPTER 86 SECTION 86-54 Storage of Inoperable Vehicle SEARCY, MATTHEW & APRIL 621 E. Palmetto 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 present. A Notice of Violation was issued to the property owner via certified mailing. Confirmation was received of the Notice of Violation being delivered on March 22, 2024. A Notice of Hearing was issued and duly served on the property owner via certified mail on August 19, 2024. The Notice was resent on October 8, 2024 due to the hurricane. Ms. Brana stated that the property was in violation of storage of an inoperable vehicle due to the vehicle was parked on the right front yard of the residential district without being fenced or garaged. The vehicle was inoperable as it may not be parked legally on a public street, because it lacks a license plate. The Respondent Property Owner, Matthew Searcy, testified that he will come into compliance within fifteen days by moving the vehicle. The Special Magistrate made inquiries of the Code Enforcement Officer and the Respondent. The Special Magistrate found that the Respondent has violated CC Chapter 86, Section 86-54 Storage of an inoperable vehicle. Compliance requires that the following be done: Either remove the vehicle from the property, make it operable, or it must be stored in a garage, carport or on the side or rear yard if screened from the street by a solid fence, wall or healthy evergreen hedge. Respondents are to pay administrative costs of$297.83 within 30 days of service of the Orders. If the Respondents do not comply within 15 days from the date of service or the Orders,the Respondents shall pay a fine of$25 per day for each day the violation continues to exist. B. CE24-00325 CC, CHAPTER 18 SECTION 18-2 Hours of Operation CEH 10-24-2024/2 F &J ADVANCED CONSTRUCTION LLC 170 14th Ave. Longwood FL 32750 Shelly Brana,CEO, City of Longwood Code Enforcement Officer, introduced herself and presented a cost recovery document, photographs, and police reports to the Special Magistrate and Respondent(s). The Respondent(s) were present. A Notice of Violation was issued to the property owner via certified mailing. Confirmation was received of the Notice of Violation being delivered on August 15, 2024 and August 19, 2024. A Notice of Hearing was issued and duly served on the property owner via certified mail on August 15, 2024 and August 19, 2024. The Respondent was verbally given notice of a continuance to the October 24, 2024 hearing due to the hurricanes. Ms. Brana stated that the property was in violation of CC Chapter 18, Section 18- 2 Hours of Operation because they were working on multiple occasions before the time allocated, after the time allocated, and on Sundays; 5:21 a.m. Saturday August 10, 2024 6:40 a.m. Saturday August 10, 2024 6:00 p.m. Sunday August 11, 2024 6:40 a.m.Tuesday September 17, 2024 A Stop Work order was issued on March 25, 2024 and on August 16, 2024. The Respondent Property Owner,Jeffrey Huebner(authorized to appear on behalf of the Respondents), gave testimony. He stated signs have been posted warning the builders that they will be fined $1,000 per violation for working during prohibited times. He stated the Respondent has not scheduled anyone to do work outside of the legal hours. He advised it is difficult to monitor all of the trades people and contractors who work there. The Special Magistrate made inquiries of the Code Enforcement Officer and the Respondent. The Special Magistrate found that the Respondent has violated CC Chapter 18, Section 18-2 Hours of Operation. Future violations may be considered Repeat Violations. Respondents are to pay administrative costs of$293.36 within 30 days of service of the Orders. C-E. CE24-00314 CC, CHAPTER 78 SECTION 78-1 Private use of the Right of Way CEH 10-24-2024/3 CE24-00315 CC, CHAPTER 38 SECTION 38-121 Trash & Debris CE24-00316 CC, CHAPTER 18 SECTION 18-63 Minimum Property Standards RIVERA, JULIANN 301 S. Oleander St. 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 to the property owner via certified mailing which was returned unclaimed and posted at the City and on the property August 21, 2024. A Notice of Hearing was issued and duly served on Juliann Y Rivera, 301 S. Oleander St. Longwood FL 32750, by First Class mail on September 25, 2024 and by posting at said property and the City on September 25,2024 after Certified mail was returned unclaimed. Ms. Brana stated that the property was in violation of; CC Chapter 78 Section 78-1 Private Use of ROW CC Chapter 38 Section 38-121 Trash and Debris CC Chapter 18 Section 18-63 Minimum property standards Debris, tree stumps and yard waste were present in the right of way at the cited property past the date set for compliance. The fence at the property fails to meet minimum property standards in that it is falling down in places and is missing slats and panels. There were large piles of yard debris in the side yard, backyard and in the right of way. The Respondent Property Owner, Juliann Y Rivera, testified that this property is a rental. The tenants own a tree company and they decided to dump the tree debris in their yard. The Respondent does not live at the property. She is fixing the fence panels. She will continue to fix the property and it should take 15 days to come into compliance. She testified that the tenants are being evicted. The Respondent testified that she did not receive the Notices because the County does not have her address on file. Her address is 133 Countryside Dr. Longwood FL 32779. The Special Magistrate made inquiries of the Code Enforcement Officer and the Respondent. CEH 10-24-2024/4 The Special Magistrate found that the Respondent has violated CC Chapter 78, Section 78-1 Private Use of ROW; CC Chapter 38 Section 38-121 Trash and Debris; CC Chapter 18 Section 18-63 Minimum Property Standards. Compliance requires that the following be done: Remove all debris, yard trimming, and tree stumps from the property and the right of way. Remove the fence or replace/repair it to the standards of the City. Respondents are to pay administrative costs of $150 within 30 days of service of the Orders. If the Respondents do not comply within 30 days from the date of service of the Orders,the Respondents shall pay a fine of$50 per violation per day for each day the violation continues to exist. F-G CE24-00294 FL NFPA 101. SECTION 7.1.10.1 Means of Egress free from obstruction FL NFPA 101 SECTION 7.5.1.1 Means of Egress Exits accessible FL NFPA 01 SECTION 4.4.3.2.1 General Requirements CE24-00296 FL NFPA SECTION 13.6.3.1.3.3.1 Fire Protection Systems SREIT LONGWOOD FL HOLDINGS LLC 250 National Place#102 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 and delivered on July 25, 2024 by certified mailed to the property owner. A Notice of Hearing was duly served on SREIT LONGWOOD FL HOLDINGS LLC, Respondents property owners, 2300 Collins Ave. Miami Beach FL 33139, via certified mail on September 19, 2024. Ms. Brana stated that the property was found to be in violation after the Fire Marshal inspected and cited the property on July 11, 2024. The property failed inspection because the exits were not free of obstructions, the electrical wiring was not performed by a state licensed electrical contractor, the electrical boxes were not property secured and closed off and the live suppression and sprinklers were obstructed. The electrical issue case #295, is closed as compliant and was withdrawn from the hearing. Fire extinguishers were also not accessible. The Respondent was given notice of what was needed to come into compliance, yet it failed re-inspection. CEH 10-24-2024/5 The Fire Marshal, Jared Roberson, testified that his biggest concern is that each time a shipment comes in, the violation recurs. The merchandise is stacked up so high that it blocks the sprinkler heads. The Respondent has been cooperative but has thus far been unable to remain in compliance. The Respondents tenant gave the following testimony: Mai Chen testified she is the tenant at the cited property. She apologized. She will comply by November 15, 2024. The Special Magistrate made inquiries of the Code Enforcement Officer, Fire Marshal, and Respondent. The Special Magistrate found that the Respondent has violated FL NFPA 101, SECTION 7.1.10.1 CHAPTER 7 Means of Egress; FL NFPA 101, SECTION 7.5.1.1 CHAPTER 7 Means of Egress; FL NFPA 01, SECTION 4.4.3.2.1 CHATER 10 General Requirements; FL NFPA 101, SECTION 13.6.3.1.3.3.1 CHAPTER 13 Fire Protection Systems. Compliance requires that the following be done: Remove all merchandise to permit free access to all exits at the property. There must be egress pathways at least the width of a door. Fire and safety equipment must be operational and accessible without impediment, including the fire extinguishers and sprinkler heads. Respondents are to pay administrative costs of $287.09. This cost is to be paid within 30 days of service of the Final Orders. If Respondents do not comply by November 15, 2024, they shall pay a fine of$75 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. Request Special Magistrate sign the Order to Impose for CE23-00079 for 724 East Church Avenue. The Special Magistrate heard testimony from Shelly Brana, CEO. The Special Magistrate signed the Order to Impose Lien for 724 East Church Avenue. B. The Special Magistrate, City Attorney, and CEO came to an agreement that there will be no Special Magistrate meeting for November and December unless there is an emergent situation that needs to be taken before the Special Magistrate. CEH 10-24-2024/6 9. OLD BUSINESS None. 10. NEW BUSINESS None. 11. ADJOURNMENT Special Magistrate Goodblatt adjourned the meeting at 10:08 a.m. Amy Goodbla , Special Magistrate Shelly C. Br e Compliance Officer CEH 10-24-2024/7