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02-14-2008 CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD Thursday, February 14, 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 2:03 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 Supervisor Angela DeSue, Code Officer Mike McGrath, Code Officer Robin Bell, Attorney Glenn Storch and Board Secretary Shontella Jackson. Absent and excused: Ben Delnigro. APPROVAL OF MINUTES The Minutes for the regular meeting of January 10, 2008 were presented to the Board for approval.MOTION by Ben Wagner, SECOND by Ed Corn to adopt the minutes of Regular Citizen Code Enforcement Board on January 10, 2008 as written. MOTION CARRIED UNANIMOUSLY. SWEARING IN OF WITNESSES: Code Officer Robin Bell, Code Officer Mike McGrath and Code Supervisor Angela DeSue were sworn in. CASES IN COMPLIANCE: Code Supervisor Angela DeSue stated that the following case(s) are in compliance as of January 10, 2008:Case #2008-CE-100937, (Repeat) 3123 Umbrella Tree Dr., Edgewater, Florida; HP Investment Group Inc. Violation of Section 21-56.03 (b) – Property maintenance. City of Edgewater Code Enforcement Board Minutes February 14, 2008 Page 1 of 7 NEW BUSINESS: Case #2007-CE-12026, 1919-1921 Fern Palm Dr., Edgewater, Florida; Cynthia W. Reynolds. 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 Cynthia W. Reynolds 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 property maintenance violation exists past February 15, 2008; also for a lien to be placed on the property if not satisfied by February 20, 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 February 15, 2008 and that a lien is placed on the property. Code Officer Robin Bell presented photography’s labeled Exhibit A & B for the Board to review. No one was present.MOTION by Ed Corn, SECOND by Ben Wagner that the Board finds Cynthia W. Reynolds 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 February 15, 2008 also for a lien to be placed on the property if not satisfied by February 20, 2008. 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 February 20, 2008 and that a lien is placed on the property.MOTION CARRIED UNAMIOUSLY. Case #2008-CE-1018, (Repeat) 3023 Silver Palm Dr., Edgewater, Florida; John R. & Linda A. Strasser. Violation of Section 21-56.03 (b) – 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 A. Strasser in repeat violation of Section 21-56.03 (b) of the Land Development Code assessing a citation fine of $150.00 and for a lien to be placed on the property if not satisfied by February 20, 2008.Officer Robin Bell stated the property had been maintained but the citation had not been paid.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 A. Strasser in repeat violation of Section 21-56.03 (b) of the Land Development Code assessing a citation fine of $150.00 and for a lien to be placed on the property if not satisfied by February 20, 2008.MOTION CARRIED UNAMIOUSLY. Case #2007-CE-11046, 104 E. Yelkca Terr., Edgewater, Florida; Jason Logan. Violation of Section 21-35.04 – Neglected premises. City of Edgewater Code Enforcement Board Minutes February 14, 2008 Page 2 of 7 Code Supervisor Angela DeSue presented the case summary to the Board. Code Supervisor Angela DeSue presented staff’s recommendation to find Jason Logan 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 each day the neglected premises violation exists past February 15, 2008, also for a lien to be placed on the property if not satisfied by February 20, 2008.It is also recommended that the Board issue a Board order requesting the City Manager to direct City staff to clean up the property if not corrected by February 15, 2008 and that a lien is placed on the property. No one was present to testify. The Board had a brief discussion.MOTION by Alice Haldeman, SECOND by Ed Corn that the Board finds Jason Logan 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 February 15, 2008 also for a lien to be placed on the property if not satisfied by February 20, 2008. It is also recommended that the Board issue a board order requesting the City Manager to direct City staff to clean up the property if not corrected by February 15, 2008 and a lien to be placed on the property.MOTION CARRIED UNAMIOUSLY. Case #2007-CE-1024, (Repeat) 3420 Mango Tree Dr., Edgewater, Florida; Paige & Anthony Delgatto. 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 Paige & Anthony Delgatto 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 exist past February 15, 2008; also for a lien to be placed on the property if not satisfied by February 20, 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 February 15, 2008 and that a lien is placed on the property.No one was present to testify and the property is vacant. The Board had a brief discussion.MOTION by Ben Wagner, SECOND by Glenn Barnhill that the Board finds Paige & Anthony Delgatto 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 exist past February 15, 2008; also for a lien to be placed on the property if not satisfied by February 20, 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 February 15, 2008 and that a lien to be placed on the property.MOTION CARRIED UNAMIOUSLY. City of Edgewater Code Enforcement Board Minutes February 14, 2008 Page 3 of 7 Case #2008-CE-1005, (Repeat) 3123 Umbrella Tree 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 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 property maintenance violation exists past February 15, 2008; also for a lien to be placed on the property if not satisfied by February 20, 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 February 15, 2008 and that a lien is placed on the property. No one was present to testify and the residence is unoccupied. The Board had a brief discussion.MOTION by Ed Corn, SECOND by Ben Wagner that the Board finds The Walker Family Land Trust 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 February 15, 2008. Also for a lien to be placed on the property if not satisfied by February 20, 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 February 15, 2008 and that a lien is placed on the property.MOTION CARRIED UNAMIOUSLY. Case #2008-CE-100936, (Repeat) 435 Palmetto St., Edgewater, Florida; Cecil Brown. 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 February 15, 2008; also for a lien to be placed on the property if not satisfied by February 20, 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 February 15, 2008 and that a lien is placed on the property. Code Officer Mike McGrath entered a photograph labeled Exhibit C which was taken on January 10, 2008 for the Board to review. No one was present to testify. The Board had a brief discussion. MOTION by Alice Haldeman, SECOND by Larry Leaf 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 February 15, 2008. Also for a lien to be placed on the property if not City of Edgewater Code Enforcement Board Minutes February 14, 2008 Page 4 of 7 satisfied by February 20, 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 February 15, 2008 and that a lien is placed on the property.MOTION CARRIED UNAMIOUSLY. Case #2008-CE-100923, 2322 Mango Tree Dr., Edgewater, Florida; Giovanna & Joseph Sarandrea. 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 Giovanna & Joseph Sarandrea 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 February 15, 2008; also for a lien to be placed on the property if not satisfied by February 20, 2008. It is also recommended that the Board issue a Board Order requesting the City Manager approve the removal of the debris by City staff if the violation is not corrected by February 15, 2008 and that a lien is placed on the property. Officer Mike McGrath entered photograph labeled Exhibit D for the Board to review. No one was present to testify. The Board had a brief discussion.MOTION by Ed Corn, SECOND by Larry Leaf that the Board finds Giovanna & Joseph Sarandrea 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 February 15, 2008. Also for a lien to be placed on the property if not satisfied by February 20, 2008. It is also recommended that the Board issue a Board Order requesting the City Manager approve the removal of the debris by City staff if the violation is not corrected by February 15,2008 and that a lien is placed on the property.MOTION CARRIED UNAMIOUSLY. Case #2008-CE-100944, 2322 Mango Tree Dr., Edgewater, Florida; Giovanna & Joseph Sarandrea. 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 Giovanna & Joseph Sarandrea 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 February 15, 2008; also for a lien to be placed on the property if not satisfied by February 20, 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 February 15, 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 Ed Corn that the Board finds Giovanna & Joseph Sarandrea City of Edgewater Code Enforcement Board Minutes February 14, 2008 Page 5 of 7 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 February 15, 2008. Also for a lien to be placed on the property if not satisfied by February 20, 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 February 15,2008 and that a lien is placed on the property.MOTION CARRIED UNAMIOUSLY. Case #2008-CE-100918, 1615 Umbrella Tree Dr., Edgewater, Florida; John Treffiletti. (A) Violation of Section 21-56.03 (b) – Property maintenance. (B) Violation of Section 21-34.06 – Watercraft/trailer (C) Violation of Section 21- 35.04 – Neglected premises. Code Officer Mike McGrath presented the case summaries to the Board. Code Officer Mike McGrath presented staff’s recommendation to find John Treffiletti in violation of Section 21-56.03 (b) of the Land Development Code continuing the citation fine of $75.00 and for a lien to be placed on the property if not satisfied by February 20, 2008. Violation of Section 21-34.06 and Section 21-35.04 of the Land Development Code and continue the citation fine of $75.00 and an additional fine of $50.00 per day for each day the violation exits past February 15, 2008 also for a lien to be placed on the property if not satisfied by February 20, 2008. Officer Mike McGrath entered a photograph labeled Exhibit E for the Board to review. No one was present. The Board had a brief discussion. MOTION by Alice Haldeman, SECOND by Glenn Barnhill that the Board finds John Treffiletti in violation of (A) Section 21-56.03 (b) (B) Section 21-34.06 and (C) Section 21-35.04 of the Land Development Code following staff recommendation on each violation.MOTION CARRIED UNAMIOUSLY. Case #2007-CE-100842, 3000 Block of India Palm Dr., Edgewater, FL; Deluca Properties Inc. Violation of Section 21-56.03 (b) – Property Maintenance. Code Officer Mike McGrath presented the case summaries to the Board. Code Officer Mike McGrath presented staff’s recommendation to find Deluca Properties Inc. in violation of Section 21-56.03 (b) of the Land Development Code and continue the citation fine of $75.00 and an additional fine of $100.00 per day for each day the property maintenance violation exists past February 15,2008; also for alien to be placed on the property if not satisfied by February 20, 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 February 15, 2008 and that a lien is placed on the property. MOTION by Ed Corn, SECOND by Ben Wagner that the Board finds Deluca Properties Inc. in violation of Section 21-56.03 (b) of the Land City of Edgewater Code Enforcement Board Minutes February 14, 2008 Page 6 of 7 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 February 15, 2008. Also for a lien to be placed on the property if not satisfied by February 20, 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 February 15,2008 and that a lien is placed on the property.MOTION CARRIED UNAMIOUSLY. OLD BUSINESS/CONTINUED: Case #2007-CE-100796, 115 E. Turgot Ave., Edgewater, FL; Darrin & Jennifer Knight. Violation of Section 21-38.03 – Site triangle. Code Officer Mike McGrath stated the property was in compliance and entered photograph’s labeled Exhibit G & H for the Board to review. Officer Mike McGrath stated that Mr. Knight did clear 17 ½ feet from the right of way which was the agreement. Officer Mike McGrath stated the only thing that can be grown in the cleared 17 ½ feet is grass only. Officer Mike McGrath presented staff’s recommendation to waive the citation fine.MOTION by Ed Corn, SECOND by Larry Leaf that the Board finds Darrin & Jennifer Knight in violation of Section 21-38.03 of the Land Development Code waive the citation fine.MOTION CARRIED 5 to 1. CODE COMPLIANCE REPORT: None. PUBLIC COMMENT: None. BOARD DISCUSSION: None. ADJOURNMENT Chairperson Linda Johnson adjourned the meeting at 3:58 pm. Next Meeting scheduled for March 13, 2008 at 2 p.m. Minutes respectfully submitted by, Shontella Jackson Board Coordinator City of Edgewater Code Enforcement Board Minutes February 14, 2008 Page 7 of 7