01-10-2008
CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
Thursday, January 10, 2008
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 2:05 PM in the City Hall Conference Room.
ROLL CALL
Members present: Linda Johnson, Ben Delnigro, Ed Corn, Alice Haldeman, Larry
Leaf, Glenn Barnhill and Ben Wagner. Also present were Code Supervisor Angela
DeSue, Code Officer Mike McGrath, Code Officer Robin Bell, Attorney Glenn
Storch and Board Secretary Shontella Jackson.
APPROVAL OF MINUTES
The Minutes for the regular meeting of November 8, 2007 were presented to the
Board for approval.MOTION by Alice Haldeman, SECOND by Ed Corn to
adopt the minutes of Regular Citizen Code Enforcement Board on
November 8, 2007 as written. MOTION CARRIED UNANIMOUSLY.
SWEARING IN OF WITNESSES:
Darrin Knight of 115 E. Turgot, Edgewater, FL; John Sinclair of 1006 Fernald St.
Edgewater, FL; Charles Hughes of 1008 Fernald St. Edgewater, FL; Code Officer
Robin Bell, Code Officer Mike McGrath and Code Supervisor Angela DeSue were
sworn in.
CASES IN COMPLIANCE:
None.
NEW BUSINESS:
Case #2007-CE-10043, 1526 Orange Tree Dr., Edgewater, Florida; Robert C.
Blaha. Violation of Section 21-56.03 (b) – Property maintenance.
City of Edgewater
Code Enforcement Board Minutes
January 10, 2008
Page 1 of 6
Code Supervisor Angela DeSue presented the case summary to the Board. Code
Supervisor Angela DeSue presented staff’s recommendation to find Robert C.
Blaha 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 property maintenance violation exists pas January 11, 2008; also
for a lien to be placed on the property if not satisfied by January 16, 2008. 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 January 11, 2008 and that a lien is placed on the property. No one
was present. Code Supervisor Angela DeSue stated the property was vacant.
MOTION by Ed Corn, SECOND by Ben Wagner that the Board finds
Robert C. Blaha 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 property maintenance violation
exists past January 11, 2008 also for a lien to be placed on the property
if not satisfied by January 16, 2008. 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
January 11, 2008 and that a lien is placed on the property.MOTION
CARRIED UNAMIOUSLY.
Case #2007-CE-10054 (A), 149 W. Connecticut Ave., Edgewater, Florida; Jeremy
P. Hofmann. 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 Jeremy P.
Hofmann 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 January 11, 2008; also for a lien to be placed
on the property if not satisfied by January 16, 2008.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 January 11,
2008 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
Ben Delnigro that the Board finds Jeremy P. Hofmann 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 January 11, 2008. Also for a lien to be placed on
the property if not satisfied by January 16, 2008. 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 January 11, 2008 and that a lien is placed on the
property.MOTION CARRIED UNAMIOUSLY.
City of Edgewater
Code Enforcement Board Minutes
January 10, 2008
Page 2 of 6
Case #2007-CE-10054 (B), 149 W. Connecticut Ave., Edgewater, Florida; Jeremy
P. Hofmann. Violation of Section 21-34.06 – Trailers.
Code Supervisor Angela DeSue presented the case summary to the Board. Code
Supervisor Angela DeSue presented staff’s recommendation to find Jeremy P.
Hofmann in violation of Section 21-34.06 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 January 16, 2008.No one was present to testify. The Board had
a brief discussion.MOTION by Ed Corn, SECOND by Ben Delnigro that the
Board finds Jeremy P. Hofmann in violation of Section 21-34.06 of the
Land Development Code waving the citation fine of $75.00.MOTION
CARRIED UNAMIOUSLY.
Case #2007-CE-12001, 2815 Royal Palm Dr., Edgewater, Florida; Bank of New
York. Violation of Section 21-35.04 – Neglected premises.
Code Officer Robin Bell presented the case summary to the Board. Code Officer
Robin Bell presented staff’s recommendation to find Bank of New York in
violation of Section 21-35.04 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
January 11, 2008.No one was present to testify. The Board had a brief
discussion.MOTION by Ben Wagner, SECOND by Ed Corn that the Board
finds Bank of New York in violation of Section 21-35.04 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 January 11, 2008.
MOTION CARRIED UNAMIOUSLY.
Case #2007-CE-100761, 2933 Royal Palm Dr., Edgewater, Florida; Greg Richter.
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 Greg Richter 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 January 11, 2008; also for a lien to be placed
on the property if not satisfied by January 16, 2008. 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 January 11,
2008 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
Delnigro that the Board finds Greg Richter 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
City of Edgewater
Code Enforcement Board Minutes
January 10, 2008
Page 3 of 6
violation exists past January 11, 2008. Also for a lien to be placed on
the property if not satisfied by January 16, 2008. 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 January 11, 2008 and that a lien is placed on the
property.MOTION CARRIED UNAMIOUSLY.
Code #2007-CE-100796, 115 E. Turgot Ave., Edgewater, Florida; Darrin &
Jennifer Knight. Violation of Section 21-38.03 – Site triangle requirements.
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff’s recommendation to find Darrin & Jennifer
Knight in violation of Section 21-38.03 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 January 24, 2008; also for a lien to be placed on the
property if not satisfied by January 25, 2008. It is also recommended that the
Board issue a Board Order requesting the City Manager approve the cutting of
the hedges by City staff if the violation is not corrected by January 24, 2008 and
that a lien is placed on the property. Darrin Knight was present and testified.
Mr. Knight stated that he is prepared to remove the hedges from the right of
way. Mr. Knight entered photographs which are label exhibit 1, 2 and 3. Mr.
Knight stated that the hedge provided a buffer to slow down traffic as well as
keeping the neighbors dog’s and trash out of this yard.
John Sinclair testified and stated that he complained on this issue sixteen months
ago. Mr. Sinclair stated that the only thing that was done prior was the trimming
of the brazilian pepper tree which was cut down to 3 ft. and only 2 ft. back. Mr.
Sinclair stated that he almost had an accident on two occasions at this
intersection. Mr. Sinclair stated that he provided a compromise to the City for
the site triangle, which was also presented to Mr. Knight by city staff. The hedge
is about six feet high at this time stated Mr. Sinclair. Mr. Storch asked Mr.
Sinclair is there a hedge there? Mr. Sinclair stated yes. Mr. Storch asked is it
your testimony that the hedge is above the height of 2 ½ feet and materially
impedes the vision? Mr. Sinclair stated yes, it does even in a four wheel drive.
I drive a four wheel truck most of the time and I still can’t see. And you can’t
see thru it anywhere as you can see it is a very dense hedge stated Mr. Sinclair.
Charles Hughes was present and gave brief testimony. Mr. Hughes stated that
he drives a Dodge Dakota pickup truck.I pull up to the stop sign and have to
creep pass the hedge for me to see any oncoming traffic. Mr. Hughes stated
that he has almost been in two accidents with his neighbor across the street
because you can not see anything until you go pass the hedge. Mr. Hughes
City of Edgewater
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January 10, 2008
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stated the only thing that was cut was about a 2x2 section of the pepper tree.
Mr. Storch asked Mr. Hughes within the 50 ft. site triangle is it your testimony
that this hedge does exist? Mr. Hughes stated yes. Mr. Storch asked is the
hedge over 2 ½ ft. tall? Mr. Hughes stated yes. Mr. Storch asked if the area
which is over 2 ½ feet materially impedes vision? Mr. Hughes stated yes.
Mr. Knight stated that he would like to save as much of his hedge because he
values it for what it does for him. Mr. Storch advised the Board to direct staff to
work with the violator and to present the resolution. The Board position is to
find if there is a violation and if the violation is not resolved in a certain amount
of time, then the lien would start. Or direct staff to work with the violator and to
report to the Board rather or not the violation has been resolved, and what that
resolution is and put that on record.Mr. Wagner asked Mr. Knight if he was
willing to work with staff and come up with a compromise on this which would
stay in effect for years? Mr. Knight stated absolutely—yes. Mr. Storch stated
that whatever resolution is made it will be subjective, easy to measure and
placed in public record. Chairperson Linda Johnson closed the public hearing.
Mr. Sinclair interjected and stated that he has to leave for another meeting and
he would check with Mike McGrath on the outcome. The public hearing was
closed and the Board discussed the case. Chairperson Johnson reopened the
public hearing.MOTION by Ben Wagner, SECOND by Ed Corn that the
Board finds Darrin & Jennifer Knight in violation of Section 21-38.03 of
the Land Development Code defer any fines and assessments until the
next regular Board meeting while the staff and property owner make a
determination as to what distant materially impede vision and report
back to the Board the results.MOTION CARRIED UNAMIOUSLY.
Mr. Storch stressed that at the next meeting there will be no hearing on facts
other than staff making the determination as to whether or not compliance has
been met. Mr. Storch stated that the only issue before this Board at this point is
the determination as to how much of a fine would be levied on a daily basis in
the event the violator is not in compliance.
OLD BUSINESS/CONTINUED:
None.
CODE COMPLIANCE REPORT:
None.
PUBLIC COMMENT:
None.
City of Edgewater
Code Enforcement Board Minutes
January 10, 2008
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BOARD DISCUSSION:
None.
ADJOURNMENT
Chairperson Linda Johnson adjourned the meeting at 3:58 pm.
Next Meeting scheduled for February 14, 2008 at 2 p.m.
Minutes respectfully submitted by,
Shontella Jackson
Board Coordinator
City of Edgewater
Code Enforcement Board Minutes
January 10, 2008
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