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09-13-2007 CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD Thursday, September 13, 2007 2:00 P.M. CITY HALL CONFERENCE ROOM MINUTES CALL TO ORDER Chairperson Linda Johnson called the regular meeting of the Citizen Code Enforcement Board to order at 2:02 PM in the City Hall Conference Room. ROLL CALL Members present: Linda Johnson, Ed Corn, Alice Haldeman, Larry Leaf, Glenn Barnhill and Ben Wagner. Also present were Code Officer Mike McGrath, Code Supervisor Angela DeSue, Code Officer Robin Bell, Fire Chief Tracey Barlow and Board Secretary Shontella Jackson. Absent from meeting: Ben Delnigro and Glenn Storch. *The Board meeting was held in the City Hall Conference Room due to installation of carpet in the Community Center. APPROVAL OF MINUTES The Minutes for the regular meeting August 16, 2007 were presented to the MOTION by Ben Wagner, SECOND by Glenn Barnhill Board for approval. to adopt the minutes of Regular Citizen Code Enforcement Board on August 16, 2007 as written. MOTION CARRIED UNANIMOUSLY. SWEARING IN OF WITNESSES: Code Officer Mike McGrath, Code Officer Robin Bell and Code Supervisor Angela DeSue were sworn in. Also sworn in was Maureen Borner of 2409 Yule Tree Dr., Edgewater, FL. CASES IN COMPLIANCE: City of Edgewater Code Enforcement Board Minutes September 13, 2007 Page 1 of 7 Code Supervisor Angela DeSue stated that the following case(s) are removed from the September 13, 2007 agenda by staff:Case #2007-CE-0714, 2126 Sabal Palm Dr., Edgewater, Florida; Karen E. Uyttewaal. Violation of Section 21- 56.03 – Property maintenance. Case #2007-CE-100476, 106 Lamont St.; Edgewater, FL; Mohammed Azam & Anawar Chodhury. Violation of Section 21- 56.03 (b) – Property maintenance. NEW BUSINESS: Case #2007-CE-0838, (Repeat) 3023 Silver Palm Dr., Edgewater, Florida; John R. & Linda E. Strasser II. Violation of Section 21-56.03 – Property maintenance. Code Officer Robin Bell presented the case summary to the Board. Code Officer Robin Bell presented staff’s recommendation to find John R. & Linda E. Strasser II in repeat violation of Section 21-56.03 of the Land Development Code assessing a citation fine of $150.00 and an additional fine of $50.00 per day for each day the violation exists past September 14, 2007. Also for a lien to be placed on the property if not satisfied by September 19, 2007. It is also staff recommendation that the Board issue a Board Order requesting the City Manager approve the cutting of the grass by City staff if the violation is not corrected by September 14, 2007 and that a lien is placed on the property. No one was present to testify. The Board had a brief discussion.MOTION by Ben Wagner, SECOND by Ed Corn that the Board finds John R. & Linda E. Strasser II in repeat violation of Section 21-56.03 of the Land Development Code assessing a citation fine of $150.00 and an additional fine of $50.00 per day for each day the property maintenance violation exists past September 14, 2007, and for a lien to be placed on the property if not satisfied by September 19, 2007. It is also recommended that the Board issue a Board Order requesting the City Manager approve the cutting of the grass by City staff if the violation is not corrected by September 14, 2007 and that a lien is placed on the property.MOTION CARRIED UNANIMOUSLY. Case #2007-CE-0802, 2412 Yule Tree Dr., Edgewater, Florida; Donald J. Bond II. Violation of Section 21-56.03 – Property maintenance. Code Officer Robin Bell presented the case summary to the Board. Code Officer Robin Bell presented staff’s recommendation to find Donald J. Bond II in violation of Section 21-56.03 of the Land Development Code assessing a citation fine of $75.00 and an additional fine of $50.00 per day for each day the property maintenance violation exists past September 14, 2007. Also for a lien to be placed on the property if not satisfied by September 19, 2007. It is also recommended that the Board issue a Board Order requesting the City Manager City of Edgewater Code Enforcement Board Minutes September 13, 2007 Page 2 of 7 approve the cutting of the grass by City staff if the violation is not corrected by September 14, 2007 and that a lien is placed on the property. No one was present to testify. Maureen Borner was present and testified that she lives across the street from this property. Ms. Borner stated that no one resides in the home and that she called the police when she noticed someone crawling through the window of the home which was noted to be the property owner. Ms. Borner stated that the backyard is higher than the front of the property. The Board had a brief discussion.MOTION by Ed Corn, SECOND by Ben Wagner that the Board finds Donald J. Bond II in violation of Section 21-56.03 of the Land Development Code assessing a citation fine of $75.00 and an additional fine of $50.00 per day for each day the property maintenance violation exists past September 14, 2007. Also for a lien to be placed on the property if not satisfied by September 19, 2007. It is also recommended that the Board issue a Board Order requesting the City Manager approve the cutting of the grass by City staff if the violation is not corrected by September 14, 2007 and that a lien is placed on the property. MOTION CARRIED UNAMIOUSLY. Case #2007-CE-0719, 2815 Royal Palm Dr., Edgewater, Florida; Phillip Wade & Sally E. Bushnell. Violation of Section 21-56.03 – Property maintenance. Code Officer Robin Bell presented the case summary to the Board. Code Officer Robin Bell presented staff’s recommendation to find Phillip Wade & Sally E. Bushnell in violation of Section 21-56.03 of the Land Development Code assessing a citation fine of $75.00 and an additional fine of $50.00 per day for each day the violation exists past September 14, 2007 also for a lien to be placed on the property if not satisfied by September 19, 2007.It is also recommended that the Board issue a Board Order requesting the City Manager approve the cutting of grass by City Staff if the violation is not corrected by September 14, 2007 and that a lien is placed on the property. No one was present to testify. Officer Robin Bell stated that the property was vacant. The Board had a brief discussion.MOTION by Alice Haldeman, SECOND by Ed Corn that the Board finds Phillip Wade & Sally E. Bushnell in violation of Section 21-56.03 of the Land Development Code assessing a citation fine of $75.00 and an additional fine of $50.00 per day for each day the violation exists past September 14, 2007. Also for a lien to be placed on the property if not satisfied by September 19, 2007. It is also recommended that the Board issue a Board Order requesting the City Manager approve the cutting of the grass by City Staff if the violation is not corrected by September 14, 2007 and that a lien is placed on the property.MOTION CARRIED UNAMIOUSLY. City of Edgewater Code Enforcement Board Minutes September 13, 2007 Page 3 of 7 Case #2007-CE-0779, 2019 India Palm Dr., Edgewater, Florida; The Walker Family Land Trust. Violation of Section 21-56.03 (b) – Property maintenance. Code Supervisor Angela DeSue presented the case summary to the Board. Code Supervisor Angela DeSue presented staff’s recommendation to find The Walker Family Land Trust in violation of Section 21-56.03 (b) of the Land Development Code assessing a citation fine of $75.00 and an additional fine of $50.00 per day for each day the violation exists past September 14, 2007 also for a lien to be placed on the property if not satisfied by September 19, 2007.It is also recommended that the Board issue a Board Order requesting the City Manager approve the cutting of the grass by City Staff if the violation is not corrected by September 14, 2007 and that a lien is placed on the property. No one was present to testify. Code Supervisor Angela DeSue stated that the property was vacant. The Board had a brief discussion.MOTION by Ben Wagner, SECOND by Ed Corn that the Board finds The Walker Family Land Trust in violation of Section 21-56.03 (b)of the Land Development Code assessing a citation fine of $75.00 and an additional fine of $50.00 per day for each day the violation exists past September 14, 2007. Also for a lien to be placed on the property if not satisfied by September 19, 2007. It is also recommended that the Board issue a Board Order requesting the City Manager approve the cutting of the grass by City Staff if the violation is not corrected by September 14, 2007 and that a lien is placed on the property.MOTION CARRIED UNAMIOUSLY. Case #2007-CE-0535, 108 E. Pine Bluff St., Edgewater, Florida; Beatrice & Warren Alty. Violation of Section 21-35.04 – Neglected premise. Code Supervisor Angela DeSue presented the case summary to the Board. Code Supervisor Angela DeSue presented staff’s recommendation to find Beatrice & Warren Alty in violation of Section 21-35.04 of the Land Development Code assessing a citation fine of $75.00 and an additional fine of $50.00 per day for each day the violation exists past September 14, 2007 also for a lien to be placed on the property if not satisfied by September 19, 2007.It is also recommended that the Board issue a Board Order requesting the City Manager approve the cleaning of the property by City Staff if the violation is not corrected by September 14, 2007 and that a lien is placed on the property. No one was present to testify. The Board had a brief discussion.MOTION by Ed Corn, SECOND by Ben Wagner that the Board finds Beatrice & Warren Alty in violation of Section 21-35.04 of the Land Development Code assessing a citation fine of $75.00 and an additional fine of $50.00 per day for each day the violation exists past September 14, 2007. Also for a lien to be placed on the property if not satisfied by September 19, 2007. It is also recommended that the Board issue a Board Order requesting the City Manager approve the cleaning of the property by City Staff if the City of Edgewater Code Enforcement Board Minutes September 13, 2007 Page 4 of 7 violation is not corrected by September 14, 2007 and that a lien is placed on the property.MOTION CARRIED UNAMIOUSLY. Case #2007-CE-0858, 2715 Yule Tree Dr., Edgewater, Florida; Janusz & Malgorzata Nickel. Violation of Section 21-56.03 (b) – Property maintenance. Code Supervisor Angela DeSue presented the case summary to the Board. Code Supervisor Angela DeSue presented staff’s recommendation to find Janusz & Malgorzata Nickel in violation of Section 21-56.03 (b) of the Land Development Code assessing a citation fine of $75.00 and an additional fine of $50.00 per day for each day the violation exists past September 14, 2007 also for a lien to be placed on the property if not satisfied by September 19, 2007.It is also recommended that the Board issue a Board Order requesting the City Manager approve the cutting of the grass by City Staff if the violation is not corrected by September 14, 2007 and that a lien is placed on the property. Code Supervisor Angela DeSue stated that the property was vacant. No one was present to testify. The Board had a brief discussion.MOTION by Alice Haldeman, SECOND by Ed Corn that the Board finds Janusz & Malgorzata Nickel in violation of Section 21-56.03 (b)of the Land Development Code assessing a citation fine of $75.00 and an additional fine of $50.00 per day for each day the violation exists past September 14, 2007. Also for a lien to be placed on the property if not satisfied by September 19, 2007. It is also recommended that the Board issue a Board Order requesting the City Manager approve the cutting of the grass by City Staff if the violation is not corrected by September 14, 2007 and that a lien is placed on the property.MOTION CARRIED UNAMIOUSLY. Case #2007-CE-0880, (Repeat) 208 Cherrywood Lane, Edgewater, Florida; Dorothy Duke (Buczek). 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 Dorothy Duke (Buczek) in violation of Section 21-35.04 of the Land Development Code assessing a citation fine of $150.00 and an additional fine of $100.00 per day for each day the violation exists past September 14, 2007, and for a lien to be placed on the property if not satisfied by September 19, 2007.Officer McGrath entered additional photographs (Exhibit A) for the Board to review. No one was present to testify. The Board had a brief discussion.MOTION by Ben Wagner, SECOND by Larry Leaf that the Board finds Dorothy Duke (Buczek) in repeat violation of Section 21-35.04 of the Land Development Code assessing a citation fine of $150.00 and an additional fine of $150.00 per day for each day the violation exists past September 14, 2007. Also for a lien to be placed on the property if not satisfied by September 19, 2007.MOTION CARRIED UNAMIOUSLY. City of Edgewater Code Enforcement Board Minutes September 13, 2007 Page 5 of 7 Case #2007-CE-100513, 2618 Kumquat Dr., Edgewater, Florida; Robert & Linda Powell. Violation of Section 21-56.03 (b) – Property maintenance. Code Officer Mike McGrath presented the case summary to the Board. Code Officer Mike McGrath presented staff’s recommendation to find Robert & Linda Powell in violation of Section 21-56.03 (b) of the Land Development Code assessing a citation fine of $75.00 and an additional fine of $50.00 per day for each day the violation exists past September 14, 2007 and an additional fine of $50.00 per day for each day the violation continues to exists past September 19, 2007, and for a lien to be placed on the property if not satisfied by September 14, 2007.It is also recommended that the Board issue a Board Order requesting the City Manager approve the cutting of the grass by City Staff if the violation is not corrected by September 14, 2007 and that a lien is placed on the property. No one was present to testify. The Board had a brief discussion.MOTION by Ed Corn, SECOND by Glenn Barnhill that the Board finds Robert & Linda Powell in violation of Section 21-56.03 (b)of the Land Development Code assessing a citation fine of $75.00 and an additional fine of $50.00 per day for each day the violation exists past September 14, 2007. Also for a lien to be placed on the property if not satisfied by September 19, 2007. It is also recommended that the Board issue a Board Order requesting the City Manager approve the cutting of the grass by City Staff if the violation is not corrected by September 14, 2007 and that a lien is placed on the property.MOTION CARRIED UNAMIOUSLY. Case #2007-CE-100645, 322 Canal Rd. A-1, Edgewater, Florida; Marie J. Julien. Violation of Section 21-36.10 – Swimming pool. Code Officer Mike McGrath presented the case summary to the Board. Code Officer Mike McGrath presented staff’s recommendation to find Marie J. Julien in violation of Section 21-36.10 of the Land Development Code assessing a citation fine of $75.00 and for a lien to be placed on the property if not satisfied by September 22, 2007.Officer McGrath stated that on August 20, 2007 the pool was drained and removed. No one was present to testify. The Board had a brief discussion.MOTION by Ed Corn, SECOND by Glenn Barnhill that the Board finds Marie J. Julien in violation of Section 21-36.10 of the Land Development Code assessing a citation fine of $75.00 and for a lien to be placed on the property if not satisfied by September 22, 2007. MOTION CARRIED UNAMIOUSLY. City of Edgewater Code Enforcement Board Minutes September 13, 2007 Page 6 of 7 Election of Chairperson and Co-Chairperson Chairwoman Linda Johnson opened the floor to discuss the annual election of chairperson and co-chairperson. The Board discussed and agreed to move forward with the election. A nomination for Chairperson was made by Ben Wagner to reappoint Linda Johnson as Chairwoman.MOTION by Ben Wagner, SECOND by Ed Corn to reappoint Linda Johnson as Chairperson.MOTION CARRIED UNAMIOUSLY. A nomination for Co- Chairperson was made by Larry Leaf to reappoint Ben Delnigro as co- chairperson. A second nomination for co-chairperson was made by Linda Johnson nominating Ben Wagner. The Board had a brief discussion on the voting procedure for co-chairperson.MOTION by Ed Corn, SECOND by Larry Leaf to vote by proxy for the Co-Chairperson. The results will be announced at the next Board meeting.MOTION CARRIED UNAMIOUSLY. OLD BUSINESS: None. CODE COMPLIANCE REPORT: Chief Barlow thanked the Board for their continued hardwork and dedication. Chief Barlow presented the new search engine on the City’s website for citizens to log complaintes and/or search for code violations. Mr. Corn suggested to eliminate duplicate copies of the ordinance for the Board to review by simply enclosing one copy for the Board to help with the budget restrains. PUBLIC COMMENT: Maureen Borner commented on the numerous newspapers in the driveways of residents and properties not being maintained. Code Supervisor Angela DeSue explained the procedures and gave Ms. Borner her contact information. BOARD DISCUSSION: None. ADJOURNMENT Chairperson Linda Johnson adjourned the meeting at 3:30 pm. Next Meeting scheduled for October 11, 2007 at 2 p.m. Minutes respectfully submitted by, Shontella Jackson Board Coordinator City of Edgewater Code Enforcement Board Minutes September 13, 2007 Page 7 of 7