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08-14-2008 CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD Thursday August 14, 2008 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 2:03 PM in the Community Center. ROLL CALL Members present: Linda Johnson, Alice Haldeman, Glenn Barnhill, Ed Corn, Larry Leaf and Ben Wagner. Also present were Code Officer Mike McGrath, Code Supervisor & Acting Recording Secretary Angela DeSue, Code Officer Robin Bell and Attorney Ty Harris. Absent were: Ben Delnigro and Recording Secretary Shontella Jackson. APPROVAL OF MINUTES The Minutes for the regular meeting of July 10, 2008 were presented to the Board for approval.MOTION by Alice Haldeman, SECOND by Ben Wagner to adopt the minutes of Regular Citizen Code Enforcement Board on July 10, 2008 as written. MOTION CARRIED UNANIMOUSLY. SWEARING IN OF WITNESSES: Code Office Robin Bell, Code Officer Mike McGrath and Code Supervisor Angela DeSue were sworn in by Deputy City Clerk Lisa Bloomer. CASES IN COMPLIANCE: None. City of Edgewater Code Enforcement Board Minutes August 14, 2008 Page 1 of 10 NEW BUSINESS: Case #2008-CE-6021, 2106 Victory Palm Dr., Edgewater, Florida; Stella & James Logan. Violation of Section 21-56.03 – Property maintenance. Code Supervisor Angela DeSue presented the case summary to the Board. Code Supervisor Angela DeSue presented staff’s recommendation to find Stella & James 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 August 15, 2008; also for a lien to be placed on the property if not satisfied by August 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 August 15, 2008 and that a lien is placed on the property.Mr. Wagner requested that the staff make contact with the City Manager to get some guidance on the city's budget for property maintenance expense. No one was present to testify.MOTION by Ben Wagner, SECOND by Ed Corn that the Board finds Stella & James 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 work is not completed violation exists past August 15, 2008 also for a lien to be placed on the property if not satisfied by August 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 August 15, 2008 and that a lien is placed on the property.MOTION CARRIED UNAMIOUSLY. Case #2008-CE-5046, Parcel #8402-01-14-7820, Edgewater, Florida; William G. Evans Jr. Violation of Section 21-56.03 – Property maintenance. Code Supervisor Angela DeSue presented the case summary to the Board. Code Supervisor Angela DeSue presented staff’s recommendation to find William G. Evans Jr. 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 exist past August 15, 2008; also for a lien to be placed on the property if not satisfied by August 20, 2008.It is also recommended that the Board issue a Board Order requesting the City Manager approve the clearing of the lot (required 20 feet) by City staff if the violation is not corrected by August 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 Ed Corn, SECOND by Glenn Barnhill that the Board finds William G. Evans Jr. 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 exist past August 15, 2008; also for a lien to be placed on the City of Edgewater Code Enforcement Board Minutes August 14, 2008 Page 2 of 10 property if not satisfied by August 20, 2008. It is also recommended that the Board issue a Board Order requesting the City Manager approve the clearing of the lot (required 20 feet) by city staff if the violation is not corrected by August 15, 2008 and a lien to be placed on the property.MOTION CARRIED UNAMIOUSLY. Case #2008-CE-5045, Parcel #8402-01-12-5860, Edgewater, Florida; Rudolf Schutter. Violation of Section 21-56.03 – Property maintenance. Code Supervisor Angela DeSue presented the case summary to the Board. Code Supervisor Angela DeSue presented staff’s recommendation to find Rudolf Schutter 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 each day the violation exists past August 15, 2008; also for a lien to be placed on the property if not satisfied by August 20, 2008.It is also recommended that the Board issue a Board Order requesting the City Manager approve the clearing of the lot (required 20 feet) by City staff if the violation is not corrected by August 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 Larry Leaf, SECOND by Ben Wagner that the Board finds Rudolf Schutter 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 exits past August 15, 2008 and for a lien to be placed on the property if not satisfied by August 20, 2008. It is also recommended that the Board issue a Board Order requesting the City Manager approve the clearing of the lot (required 20 feet) by City staff if the violation is not corrected by August 15, 2008 and that a lien is placed on the property.MOTION CARRIED UNAMIOUSLY. Case #2008-CE-6002; Parcel #8402-01-13-6440, Edgewater, Florida; Alice C. Dixson & Monica M. Dixson. Violation of Section 21-56.03 – Property maintenance. Code Supervisor Angela DeSue presented the case summary to the Board. Code Supervisor Angela DeSue presented staff’s recommendation to find Alice C. Dixson & Monica M. Dixson 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 exist past August 15, 2008; also for a lien to be placed on the property if not satisfied by August 20, 2008.It is also recommended that the Board issue a Board Order requesting the City Manager approve the clearing of the lot (required 20 feet) by City staff if the violation is not corrected by August 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 Larry Leaf that the Board finds Alice C. Dixson & City of Edgewater Code Enforcement Board Minutes August 14, 2008 Page 3 of 10 Monica M. Dixson 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 exist past August 15, 2008 and for a lien to be placed on the property if not satisfied by August 20, 2008. It is also recommended that the Board issue a Board Order requesting the City Manager approve the clearing of the lot (required 20 feet) by City staff if the violation is not corrected by August 15, 2008 and that a lien is placed on the property.MOTION CARRIED UNAMIOUSLY. Case #2008-CE-101292; 2120 Queen Palm Dr., Edgewater, Florida; Clarke & Cindy Glatt. 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 Clarke & Cindy Glatt in violation of Section 21-56.03 (b) of the Land Development Code and continue the citation fine of $75.00 and for a lien to be placed on the property if not satisfied by August 20, 2008. No one was present to testify. The Board had a brief discussion.MOTION by Ed Corn, SECOND by Glenn Barnhill that the Board finds Clarke & Cindy Glatt in violation of Section 21-56.03 (b) 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 August 20, 2008.MOTION CARRIED UNAMIOUSLY. Case #2008-CE-101246, 3206 Juniper Dr., Edgewater, FL. Nancy Scott. 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 Nancy Scott 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 August 20, 2008. No one was present to testify. The Board had a brief discussion.MOTION by Ed Corn, SECOND by Larry Leaf that the Board finds Nancy Scott in violation of Section 21-56.03 (b) of the Land Development Code and waive the citation fine of $75.00.MOTION CARRIES 5-1. Case #2008-CE-101283, 3004 India Palm Dr., Edgewater, FL. Lorilee & Robert D. McMasters. 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 Lorilee & Robert D. McMasters in violation of Section 21-56.03 (b) of the Land Development Code assessing a citation fine of $75.00 and for a lien to be placed City of Edgewater Code Enforcement Board Minutes August 14, 2008 Page 4 of 10 on the property if not satisfied by August 20, 2008. No one was present to testify. The Board had a brief discussion.MOTION by Ed Corn, SECOND by Glenn Barnhill that the Board finds Lorilee & Robert D. McMasters in violation of Section 21-56.03 (b) of the Land Development Code waiving the citation fine of $75.00.MOTION CARRIED UNAMIOUSLY. Case #2008-CE-101357 (Repeat), 3324 Woodland Dr., Edgewater, FL. Kristine M. & Roger W. Smith. 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 Kristine M. & Roger W. Smith 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 August 15, 2008 also for a lien to be placed on the property if not satisfied by August 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 August 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 Kristine M. & Roger W. Smith 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 August 15, 2008 also for a lien to be placed on the property if not satisfied by August 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 August 15, 2008 and that a lien is placed on the property.MOTION CARRIED UNAMIOUSLY. Case #2008-CE-7031, 120 Richport Lane, Edgewater, FL. Roger & Maria Wild. Violation of Section 15-2 – Obstructing street or sidewalk. Code Supervisor Angela DeSue presented the case summary to the Board. Code Supervisor Angela DeSue presented staff’s recommendation to find Roger & Maria Wild in violation of Section 15-2 of the Code of Ordinances by admission of commission an additional fine of $100.00 for the physical removal of the hazardous debris by city staff and for a lien to be placed on the property if not satisfied by August 20, 2008. No one was present to testify. The Board had a brief discussion.MOTION by Glenn Barnhill, SECOND by Larry Leaf that the Board finds Roger & Maria Wild in violation of Section 15-2 of the Code of Ordinances by admission of commission an additional fine of $100.00 for the physical removal of the hazardous debris by city staff City of Edgewater Code Enforcement Board Minutes August 14, 2008 Page 5 of 10 and for a lien to be placed on the property if not satisfied by August 20, 2008.MOTION CARRIED UNAMIOUSLY Case #2008-CE-101248 (A), 2825 Needle Palm Dr., Edgewater, Florida; Dale Wisniewski. 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 Dale Wisniewski 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 exist past August 15, 2008; also for a lien to be placed on the property if not satisfied by August 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 August 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 Ben Wagner that the Board finds Dale Wisniewski 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 exist past August 15, 2008; also for a lien to be placed on the property if not satisfied by August 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 August 15, 2008 and a lien to be placed on the property. MOTION CARRIED UNAMIOUSLY. Case #2008-CE-101248 (B), 2825 Needle Palm Dr., Edgewater, Florida; Dale Wisniewski. Violation of Section 21-34.04 – Inoperable vehicle. Code Supervisor Angela DeSue presented the case summary to the Board. Code Supervisor Angela DeSue presented staff’s recommendation to find Dale Wisniewski in violation of Section 21-34.04 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 exist past August 15, 2008; also for a lien to be placed on the property if not satisfied by August 20, 2008.No one was present to testify. The Board had a brief discussion.MOTION by Alice Haldeman, SECOND by Ben Wagner that the Board finds Dale Wisniewski in violation of Section 21-34.04 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 exist past August 15, 2008; also for a lien to be placed on the property if not satisfied by August 20, 2008.MOTION CARRIED UNAMIOUSLY. City of Edgewater Code Enforcement Board Minutes August 14, 2008 Page 6 of 10 Case #2008-CE-101248 (C), 2825 Needle Palm Dr., Edgewater, Florida; Dale Wisniewski. Violation of Section 21-34.06 – Watercraft. Code Supervisor Angela DeSue presented the case summary to the Board. Code Supervisor Angela DeSue presented staff’s recommendation to find Dale Wisniewski in violation of Section 21-34.06 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 exist past August 15, 2008; also for a lien to be placed on the property if not satisfied by August 20, 2008.No one was present to testify. The Board had a brief discussion.MOTION by Alice Haldeman, SECOND by Ben Wagner that the Board finds Dale Wisniewski in violation of Section 21-34.06 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 exist past August 15, 2008; also for a lien to be placed on the property if not satisfied by August 20, 2008.MOTION CARRIED UNAMIOUSLY. Case #2008-CE-101312 (A), 3012 Travelers Palm Dr., Edgewater, Florida; Nancee Michaux Est. 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 Nancee Michaux Est. 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 August 20, 2008.No one was present to testify. The Board had a brief discussion.MOTION by Ed Corn, SECOND by Larry Leaf that the Board finds Nancee Michaux Est. 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 August 20, 2008.MOTION CARRIED UNAMIOUSLY. Case #2008-CE-101312 (B), 3012 Travelers Palm Dr., Edgewater, Florida; Nancee Michaux Est. 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 Nancee Michaux Est. 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 exist past August 15, 2008; also for a lien to be placed on the property if not satisfied by August 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 August 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 Ed Corn, SECOND by Larry Leaf that the Board finds Nancee Michaux Est. in violation of Section 21-35.04 of City of Edgewater Code Enforcement Board Minutes August 14, 2008 Page 7 of 10 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 exist past August 15, 2008; also for a lien to be placed on the property if not satisfied by August 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 August 15, 2008 and a lien to be placed on the property.MOTION CARRIED UNAMIOUSLY. Case #2008-CE-101307 (A), 2826 Mango Tree Dr., Edgewater, Florida; Gerald Rittenhouse. 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 Gerald Rittenhouse 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 August 15, 2008 and for a lien to be placed on the property if not satisfied by August 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 satisfied by August 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 Glenn Barnhill that the Board finds Gerald Rittenhouse 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 exist past August 15, 2008; also for a lien to be placed on the property if not satisfied by August 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 August 15, 2008 and a lien to be placed on the property. MOTION CARRIED UNAMIOUSLY. Case #2008-CE-101307 (B), 2826 Mango Tree Dr., Edgewater, Florida; Gerald Rittenhouse. 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 Gerald Rittenhouse 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 exist past August 15, 2008; also for a lien to be placed on the property if not satisfied by August 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 August 15, 2008 and City of Edgewater Code Enforcement Board Minutes August 14, 2008 Page 8 of 10 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 Glenn Barnhill that the Board finds Gerald Rittenhouse 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 exist past August 15, 2008; also for a lien to be placed on the property if not satisfied by August 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 August 15, 2008 and a lien to be placed on the property. MOTION CARRIED UNAMIOUSLY. Case #2008-CE-7104 (Repeat), Parcel #8402-01-08-0690, Edgewater, Florida; Jane Church. Violation of Section 21-33.01 – Purpose. Code Supervisor Angela DeSue presented the case summary to the Board. Code Supervisor Angela DeSue presented staff’s recommendation to finds Jane Church in repeat violation of Section 21-33.01 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 August 15, 2008; also for a lien to be placed on the property if not satisfied by August 20, 2008.No one was present to testify. The Board had a brief discussion.MOTION by Ben Wagner, SECOND by Larry Leaf that the Board finds Jane Church in repeat violation of Section 21-33.01 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 August 15, 2008; also for a lien to be placed on the property if not satisfied by August 20, 2008.MOTION CARRIED UNAMIOUSLY. Case #2008-CE-7105 (Repeat), Parcel #8402-01-08-0690, Edgewater, Florida; Jane Church. 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 finds Jane Church 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 $100.00 per day for each day the violation exist past August 15, 2008; also for a lien to be placed on the property if not satisfied by August 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 the violation is not corrected by August 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 Ed Corn, SECOND by Larry Leaf that the Board finds Jane Church in repeat violation of Section 21-35.04 of the Land Development Code assessing a citation fine of $150.00 and an City of Edgewater Code Enforcement Board Minutes August 14, 2008 Page 9 of 10 additional fine of $100.00 per day for each day the violation exist past August 15, 2008; also for a lien to be placed on the property if not satisfied by August 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 the violation is not corrected by August 15, 2008 and a lien to be placed on the property.MOTION CARRIED UNAMIOUSLY. OLD BUSINESS/CONTINUED: None. CODE COMPLIANCE REPORT: None. PUBLIC COMMENT: None. BOARD DISCUSSION: None. ADJOURNMENT Chairperson Linda Johnson adjourned the meeting at 3:28 pm. Next Meeting scheduled for September 11, 2008 at 2 p.m. Minutes respectfully submitted by, Shontella Jackson Board Coordinator City of Edgewater Code Enforcement Board Minutes August 14, 2008 Page 10 of 10