07-19-2007
CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
Thursday, July 19, 2007
2:00 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER
Chairperson Linda Johnson called the regular meeting of the Citizen Code
Enforcement Board to order at 2:01 PM in the Community Center.
ROLL CALL
Members present: Linda Johnson, Ben Delnigro, Alice Haldeman, Ed Corn, Glenn
Barnhill and Ben Wagner. Also present were Code Officer Mike McGrath, and
Code Supervisor Angela DeSue.
Excused from meeting: Gene Mirabella and Glenn Storch.
APPROVAL OF MINUTES
The Minutes for the regular meeting May 17, 2007 were presented to the Board
MOTION by Ben Wagner, SECOND by Ed Corn to adopt the
for approval.
minutes of Regular Citizen Code Enforcement Board on May 17, 2007
as written. MOTION CARRIED UNANIMOUSLY.
SWEARING IN OF WITNESSES:
Code Officer Mike McGrath, Code Supervisor Angela DeSue, Dorothy Duke
Buczek of 209 Cherrywood Lane, Edgewater, FL and Tricia Harrison of 2948
Needle Palm Dr., Edgewater, FL.
CASES IN COMPLIANCE:
Code Supervisor Angela DeSue stated that the following cases are in compliance
as of July 19, 2007:Case #2007-CE-0502, 1723 India Palm Dr., Edgewater,
Florida; Dennis & Beth Greene. Violation of Section 21-34.04 – inoperable
City of Edgewater
Code Enforcement Board Minutes
July 19, 2007
Page 1 of 4
vehicle. Case #2007-CE-00504, 442 & US1/442-I-95; Edgewater, FL; Adams
Homes NW Fl Pkwy. Violation of Section 21-60.04 – prohibited signs
NEW BUSINESS:
Case #2007-CE-100359, 208 Cherrywood Lane, Edgewater, Florida; Dorothy
Duke (Buczek) Violation of Section 21-36.10 – Swimming pools.
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff’s recommendation to find Dorothy Duke
Buczek in violation of Section 21-36.10 of the Land Development Code assessing
a citation fine of $75.00 and an additional fine of $250.00 per day for each day
the violation exists past July 20, 2007. Also for a lien to be placed on the
property if not satisfied by July 25, 2007. It is also staff recommendation that the
Board issue a Board Order requesting the City Manager to correct the violation if
not corrected by July 25, 2007. Dorothy Duke Buczek was present and testified.
Ms. Buczek testified that there are several pools in the neighbor which are not
fenced in and think the neighbors are constantly complaining on her. Ms. Buczek
admits that the fence needs to be replaced but at this time she does not have
the funds for the panels. Ms. Buczek stated that she did remove the ladder from
the pool and placed the cover on it but she has replaced the ladder and removed
the cover. Ms. Buczek testified that her water is currently shut off and requested
three weeks to earn funds for the fence. Ms. Buczek stated that the pool was
placed at the resident in March and filled with water around the same time
frame. Chairwoman Linda Johnson closed the public hearing. The Board had a
brief discussion.MOTION by Ed Corn, SECOND by Ben Delnigro that the
Board finds Dorothy Duke (Buczek) in violation of Section 21-36.10 of
the Land Development Code assessing a citation fine of $75.00 with
the stipulations that the ladder be removed immediately (July 18,
2007) and the fence in place by July 23, 2007 AM. Also for permits to
be pulled for the fence/swimming pool by July 25, 2007 waving the
$250 per day fine. If not corrected the fine of $250 will retroactive to
July 20, 2007. It is also recommended that the Board issue a Board
Order requesting the City Manager approve the draining and securing
of the swimming pool by City Staff if the violation is not corrected by
July 20, 2007 and that a lien is placed on the property.MOTION
CARRIED 5-1.
Case #2007-CE-0517, 2948 Needle Palm Dr., Edgewater, Florida; Tricia L.
Harrison Violation of Section 21-35.03 – Commercial vehicle in residential area.
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff’s recommendation to find Tricia Harrison
City of Edgewater
Code Enforcement Board Minutes
July 19, 2007
Page 2 of 4
in violation of Section 21-35.03 of the Land Development Code assessing a
citation fine of $75.00 and a lien to be placed on the property if not satisfied by
July 25, 2007. Tricia Harrison was present and testified. Ms. Harrison admitted
that the truck was at her home. Ms. Harrison stated that she was unaware that
the semi truck could not be parked at the resident and she would make sure it
does not return. Ms. Harrison stated that she does not currently have the funds
for the citation. The Board had a brief discussion.MOTION by Ed Corn,
SECOND by Ben Delnigro that the Board finds Tricia Harrison in
violation of Section 21-35.03 of the Land Development Code waving
the citation fine of $75.00.MOTION CARRIED UNAMIOUSLY.
Case #2007-CE-100322 (A), 2328 Royal Palm Dr., Edgewater, Florida; Novastar
Mortgage Inc. Violation of Section 21-38.02 – Fence.
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff’s recommendation to find Novastar
Mortgage Inc. in violation of Section 21-38.02 of the Land Development Code
assessing a citation fine of $75.00 and an additional fine of $100.00 per day for
each day the fence violation exists past July 20, 2007, and for a lien to be
placed on the property if not satisfied by July 25, 2007. Code Officer Mike
McGrath stated that the property was unoccupied. Novastar Mortgage Inc. was
no present. The Board had a brief discussion.MOTION by Ben Wagner,
SECOND by Ed Corn that the Board finds Novastar Mortgage Inc. in
violation of Section 21-38.02 of the Land Development Code accessing
a citation fine of $75.00 and an additional fine of $100.00 per day for
each day the fence violation exists past July 20, 2007. Also for a lien to
be placed on the property if not satisfied by July 25, 2007.MOTION
CARRIED UNAMIOUSLY.
Case #2007-CE-100322 (B), 2328 Royal Palm Dr., Edgewater, Florida; Novastar
Mortgage Inc. Violation of Section 21-35.04 – Neglected premises.
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff’s recommendation to find Novastar
Mortgage Inc. in violation of Section 21-35.04 of the Land Development Code
assessing a citation fine of $75.00 and an additional fine of $100.00 per day for
each day the neglected premises violation exists past July 20, 2007, and for a
lien to be placed on the property if not satisfied by July 25, 2007. Code Officer
Mike McGrath stated that the property was unoccupied. Novastar Mortgage Inc.
was no present. The Board had a brief discussion.MOTION by Ed Corn,
SECOND by Ben Wagner that the Board finds Novastar Mortgage Inc. in
violation of Section 21-38.02 of the Land Development Code accessing
a citation fine of $75.00 and an additional fine of $100.00 per day for
City of Edgewater
Code Enforcement Board Minutes
July 19, 2007
Page 3 of 4
each day the fence violation exists past July 20, 2007. Also for a lien to
be placed on the property if not satisfied by July 25, 2007.MOTION
CARRIED UNAMIOUSLY.
OLD BUSINESS:
The Board had a brief discussion on the bylaw changes.MOTION by Ben
Wagner, SECOND by Glenn Barnhill that the Board accepts the changes
to the bylaws.MOTION CARRIED UNAMIOUSLY. Chairwoman Johnson
asked that the bylaws be forward to City Council as soon as possible.
CODE COMPLIANCE REPORT:
None.
PUBLIC COMMENT:
Russ Fisher stated that he lived in the Wildwood subdivision and is very aware of
Ms. Buczek property. Mr. Fisher stated that he was not the complainant but he
is tired of the condition of the Buczek property. Mr. Fisher also stated that there
are not any other pools in the neighborhood without a fence.
BOARD DISCUSSION:
None.
ADJOURNMENT
Chairperson Linda Johnson adjourned the meeting at 3:22 pm.
Next Meeting scheduled for August 16, 2007 at 2 p.m.
Minutes respectfully submitted by,
Shontella Jackson
Board Coordinator
City of Edgewater
Code Enforcement Board Minutes
July 19, 2007
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