10-11-2007
CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
Thursday, October 11, 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.
APPROVAL OF MINUTES
The Minutes for the regular meeting of September 13, 2007 were presented to
the Board for approval.MOTION by Ed Corn, SECOND by Ben Wagner to
adopt the minutes of Regular Citizen Code Enforcement Board on
September 13, 2007 with the following revisions:
Page 7, Election of Chairperson and 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 to adopt revised minutes CARRIED unanimously 6-0.
SWEARING IN OF WITNESSES:
James Sinka of 1824 Hibiscus Dr., Edgewater, FL., Code Officer Mike McGrath,
Code Officer Robin Bell and Code Supervisor Angela DeSue were sworn in. Also
sworn in was Fire Chief Tracey Barlow.
City of Edgewater
Code Enforcement Board Minutes
October 11, 2007
Page 1 of 5
CASES IN COMPLIANCE:
None.
NEW BUSINESS:
Case #2007-CE-100664, 1822 Hibiscus Dr., Edgewater, Florida; Phyllis Nichols &
Marjorie Rector Jtwros. Violation of Section 21-34.06 – Watercraft, RVs campers.
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff’s recommendation to find Phyllis Nichols &
Marjorie Rector Jtwros. in violation of Section 21-34.06 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 violation exists past October 12, 2007. Also for a lien to be
placed on the property if not satisfied by October 17, 2007. James Sinka was
present and testified. Mr. Sinka stated approximately 21 months ago they
purchased the business from Marjorie Rector and Ms. Rector is no longer the
owner of the property. Mr. Sinka stated that he has a contract with Ms. Rector.
Mr. Sinka stated that Ms. Rector holds the note on the property and nothing else.
Mr. Sinka advised the Board that he is surrounded by commercial businesses and
he does not consider the property commercial/residential and does not feel a
code violation exist. Mr. Sinka testified that he resides in the motor home which
they sometime use as an office but they currently reside in the motor home. Mr.
Sinka stated that he is listed on the tax roll as commercial. Chairwoman Johnson
closed the public hearing. The Board had a brief discussion. The public hearing
was reopened by Chairwoman Johnson.Fire Chief Barlow was sworn in and
testified. Chief Barlow stated that the property is in a mixed use zoning. Chief
Barlow stated that there are only two occasions where a person can reside in a
travel trailer/recreational vehicle: 1) the person is a visitor who has obtained a
permit from City Clerk to reside in the RV for two weeks or 2) after a declared
disaster which a building permit has been obtained to restore your home. Code
Supervisor Angela DeSue stepped out of the meeting and went to Zoning to
verify the zoning of the property at 2:35 pm. Officer McGrath stated the zoning
was a B2, it was a conditional use before the code was changed to
commercial/business. Code Supervisor Angela DeSue returned at 2:43 pm.
MOTION by Ed Corn, SECOND by Alice Haldeman that the Board
continues Case #2007-CE-100664 until the next regular scheduled
meeting.MOTION CARRIED UNANIMOUSLY.
City of Edgewater
Code Enforcement Board Minutes
October 11, 2007
Page 2 of 5
Case #2007-CE-100618 (A), 3129 Lime Tree Dr., Edgewater, Florida; Douglas J.
& Theresa Grocholske. Violation of Section 21-56.03 – Property maintenance.
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff’s recommendation to find Douglas J. &
Theresa Grocholske in violation of Section 21-56.03 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 October 17, 2007. No one was present to testify.
The Board had a brief discussion.MOTION by Ben Wagner, SECOND by Ed
Corn that the Board finds Douglas J. & Theresa Grocholske in violation
of Section 21-56.03 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 October 17, 2007.MOTION CARRIED UNAMIOUSLY.
Case #2007-CE-100618 (B), 3129 Lime Tree Dr., Edgewater, Florida; Douglas J.
& Theresa Grocholske. 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 Douglas J. &
Theresa Grocholske 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 October 12, 2007 also for a lien to be
placed on the property if not satisfied by October 17, 2007.It is also
recommended that the Board issue a Board Order requesting the City Manager
approve the removal of the tree by City Staff if the violation is not corrected by
October 12, 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 Douglas J. & Theresa Grocholske 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 October 12, 2007. Also for a lien to
be placed on the property if not satisfied by October 17, 2007. It is
also recommended that the Board issue a Board Order requesting the
City Manager approve the removal of the tree by City Staff if the
violation is not corrected by October 12, 2007 and that a lien is placed
on the property.MOTION CARRIED UNAMIOUSLY.
Case #2007-CE-100706, 435 Palmetto St., Edgewater, Florida; Cecil Brown.
(Repeat violator) 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 Cecil Brown in
repeat violation of Section 21-56.03 (b) 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 October 12, 2007 also for a lien to be placed on the
City of Edgewater
Code Enforcement Board Minutes
October 11, 2007
Page 3 of 5
property if not satisfied by October 17, 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 October 12, 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 Cecil Brown in repeat violation of Section 21-56.03 (b)
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 October 12, 2007. Also for a lien to be placed on the property if
not satisfied by October 17, 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
October 12, 2007 and that a lien is placed on the property.MOTION
CARRIED UNAMIOUSLY.
Case #2007-CE-0885, 1830 Victory Palm Dr., Edgewater, Florida. James T. &
Heide M. Logan. 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 James T. & Heide M. Logan
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 October 12, 2007 also for a lien to be placed on the
property if not satisfied by October 17, 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 October 12, 2007
and that a lien is placed on the property. Code Officer Bell entered an additional
photograph to the Board which is label Exhibit A. No one was present to testify.
The Board had a brief discussion.MOTION by Alice Haldeman, SECOND by
Ed Corn that the Board finds James T. & Heidi M. Logan 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 October 12, 2007. Also for a lien to be placed on
the property if not satisfied by October 17, 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 October 17, 2007 and that a lien is placed on the
property.MOTION CARRIED UNAMIOUSLY.
Case #2007-CE-0720, U S Hwy. 1, Edgewater, Florida; Regions Bank. 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 Regions Bank in violation of
City of Edgewater
Code Enforcement Board Minutes
October 11, 2007
Page 4 of 5
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 October 12, 2007 also for a lien to be placed on the property if not satisfied
by October 17, 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 October 12, 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
Regions Bank in violation of Section 21-56.03 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 violation exists past October 12,
2007. Also for a lien to be placed on the property if not satisfied by
October 17, 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 October 12, 2007 and that
a lien is placed on the property.MOTION CARRIED UNAMIOUSLY.
OLD BUSINESS:
Vice Chairperson written ballot results
The Board Coordinator presented the results of the ballots for the Vice Chair
position. Mr. Delnigro received 4 votes and Mr. Wagner received 3 votes.
Resulting in Mr. Delnigro remaining as Vice Chairman. Congratulation to Mr.
Delnigro!
CODE COMPLIANCE REPORT:
None.
PUBLIC COMMENT:
None.
BOARD DISCUSSION:
None.
ADJOURNMENT
Chairperson Linda Johnson adjourned the meeting at 3:12 pm.
Next Meeting scheduled for November 8, 2007 at 2 p.m.
Minutes respectfully submitted by,
Shontella Jackson
Board Coordinator
City of Edgewater
Code Enforcement Board Minutes
October 11, 2007
Page 5 of 5