10-19-2006 CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
Thursday, October 19, 2006
1:00 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER
Chairperson Linda Johnson called the regular meeting of the Citizen Code
Enforcement Board to order at 1:08 PM in the Community Center.
ROLL CALL
Members present: Linda Johnson, Ed Corn, Ben Delnigro, Ben Wagner, and Jean
Kayat. Also present were Code Officer Mike McGrath, Code Officer Robin Bell,
Code Supervisor Angela DeSue, Chief Tracey Barlow, Attorney Glenn Storch and
Board Secretary Shontella Jackson.
Absent and excused were: Gene Mirabella and Glenn Barnhill.
APPROVAL OF MINUTES
The Minutes for the regular meeting of August 17, 2006 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
August 17, 2006 as written, MOTION CARRIED UNANIMOUSLY,
SWEARING IN OF WITNESSES:
Code Officer Robin Bell, Code Officer Mike McGrath, Code Supervisor Angela
DeSue, Robert Cirillo of 311 Joan St.., Edgewater, FL; Kim Yakman of 434
Perdita St., Edgewater, FL; David Horvath of 430 Baltimore Circle, New Smyrna
Beach, FL; and Roberta McCarthy of 405 Erskine Dr.; Edgewater, FL.
CASES IN COMPLIANCE:
Code Supervisor Angela DeSue stated that the following cases are in compliance
as of October 19, 2006: Case #2006-CE-8019, 2107 Limetree Dr., Edgewater,
Florida; Roberta McCarthy. Violation of Section 21-56.03 (B) — property
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Code Enforcement Board Minutes
October 19,2006
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maintenance. Also Case #2006-CE-10005(A & B) 405 Erskine Dr., Edgewater,
Florida; Roberta McCarthy. Violation of Section 21-56.03 (B) — property
maintenance and violation of section 21-34.04 — inoperable vehicle.
NEW BUSINESS:
Case #2006-CE-7024, (Repeat Violator) 311 Joan St. Edgewater, Florida; Robert
Cirillo & Betty Herbert. 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 Robert Cirillo
& Betty Herbert in violation of Section 21-56.03 (b) of the Land Development
Code and continue an additional fine of$50.00 per day for each day the property
maintenance violation exists past October 20, 2006. Also for a lien to be placed
on the property if not satisfied by October 25, 2006. 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 20,
2006 and that a lien is placed on the property. On August 4, 2006 Mr. Cirillo
paid his $150.00 citation but has not maintained his property. As of October 19,
2006 the property is not in compliance. Mr. Cirillo was present and testified. Mr.
Cirillo stated that due to health problems he is unable to maintain the property.
Code Supervisor Angela DeSue stated that staff will make contact with Mr. Cirillo
and try to assistant him with finding someone to help him maintain the property.
Mr. Cirillo agreed to allow staff to assist with locating someone to maintain his
property. The Board had a brief discussion. MOTION by Ben Wagner,
SECOND by Ed Corn that the Board finds Robert Cirillo & Betty Herbert
in violation of Section 21-56.03 (B) of the Land Development Code
assessing a fine of$50.00 per day for each day the property
maintenance violation exists past October 27, 2006, and for a lien to be
placed on the property if not satisfied by November 1, 2006. MOTION
CARRIED UNANIMOUSLY,
Case #2006-CE-7032, 434 Perdita St., Edgewater, Florida; Kimberly Yakman.
Violation of Section 21-35.04 — Neglected premises.
Code Supervisor Angela DeSue presented the case summary to the Board. Code
Supervisor Angela DeSue presented staff's recommendation to find Kimberly
Yakman in violation of Section 21-35.04 of the Land Development Code
accessing a citation fine of $75.00 and an additional fine of $50.00 per day for
each day the neglected premises violation exists past October 20, 2006; also for
a lien to be placed on the property if not satisfied by October 25, 2006. David
Horvath is the father of Kimberly Yakman who was present and spoke on behalf
of Ms. Yakman. Mr. Horvath stated that Kimberly Yakman does not own the
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October 19,2006
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property and/or deed to the property. Mr. Horvath stated that Mr. Yakman died
in 1997 and he did not have a living will. Mr. Horvath stated that the home is
secured and nobody is residing within the home. The Board had a brief
discussion. MOTION by Ben Wagner, SECOND by Jean Kayat that the
Board finds Kimberly Yakman in violation of Section 21-35.04 of the
City of Edgewater Land Development Code postpone any action until
Staff verify the property is secured, no one is residing within the home,
and make contact with the co-owner of record until the next regularly
schedule meeting._ MOTION CARRIED 4-1,
Case #2006-CE-7019 3123 Umbrella Tree Dr., Edgewater, Florida; Angel Padilla
&Tittledge of Florida. 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 Angel Padilla
in violation of Section 21-56.03 (b) of the Land Development Code accessing a
citation fine of $75.00 and an additional fine of $50.00 per day for each day the
property maintenance violation exists past October 20, 2006; also for a lien to be
placed on the property if not satisfied by October 25, 2006. 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 20, 2006 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 Angel Padilla in violation of
Section 21-56.03 (b) of the Land Development Code assessing the
$75.00 citation fine and an additional fine of $50.00 per day for each
day the property maintenance violation exists past October 20, 2006.
Also for a lien to be placed on the property if not satisfied by October
25, 2006. 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 20, 2006 and that a
-r • placed on the property. )NOTION CARRIED UNANIMOUSLY,
Case #2006-CE-8013, 3001 India Palm Dr., Edgewater, Florida; Sky Hospitality
Group Inc. Violation of Section 21-34.08 — Refuse/dumpsters.
Code Supervisor Angela DeSue presented the case summary to the Board. Code
Supervisor Angela DeSue presented staff's recommendation to find Sky
Hospitality Group in violation of Section 21-34.08 of the Land Development Code
accessing a citation fine of $75.00 and an additional fine of $100.00 per day for
each day the refuse & dumpster enclosure violation exists past October 20, 2006,
and for a lien to be placed on the property if not satisfied by October 25, 2006.
No one was present to testify. The Board had a brief discussion.
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Code Enforcement Board Minutes
October 19,2006
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MOTION by Ed Corn, SECOND by Ben Wagner that the Board finds Sky
Hospitality Group in violation of Section 21-34.08 of the Land
Development Code assessing the $75.00 citation fine and an additional
fine of$100.00 per day for each day the refuse &dumpster enclosures
violation exists past October 20, 2006 and for a lien to be placed on the
property if not satisfied by October 25, 2006. NOTION CARRIED
UNANIMOUSLY
Case #2006-CE-8004, 435 Palmetto St., Edgewater, Florida; Cecil Brown.
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 Cecil Brown
in violation of Section 21-56.03 (b) of the Land Development Code accessing a
citation fine of $75.00 and an additional fine of $50.00 per day for each day the
property maintenance violation exists past October 20, 2006. Also for a lien to
be placed on the property if not satisfied by October 25, 2006. 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 20, 2006 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 Cecil Brown in violation of Section
21-56.03 (b) of the Land Development Code assessing the $75.00
citation fine and an additional fine of $50.00 per day for each day the
property maintenance violation exists past October 20, 2006. Also for
a lien to be placed on the property if not satisfied by October 25, 2006.
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 20, 2006 and that a lien is placed
• the property. pIOTION CARRIED UNANIMOUSLY•
Case #2006-CE-10005 (C), 405 Erskine Dr., Edgewater, Florida; Roberta
McCarthy. Violation of Section 21-35.04 — Neglected premises.
Code Supervisor Angela DeSue presented the case summary to the Board. Code
Supervisor Angela DeSue presented staff's recommendation to find Roberta
McCarthy in violation of Section 21-35.04 of the Land Development Code
accessing a fine of $100.00 per day for each day the property maintenance
violation exists past October 20, 2006. Also for a lien to be placed on the
property if not satisfied by October 25, 2006. Roberta McCarthy was present
and testified. Ms. McCarthy stated that she lived on the property two years ago
but once the hurricanes hit the property was inhabitable. Ms. McCarthy stated
that she is living in California and was here in Florida due to death in the family.
Ms. McCarthy stated she found the posting on the property and had the property
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October 19,2006
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maintained. Ms. McCarthy stated she is planning to have the home demolished
and replace it with some type of housing. Code Supervisor Angela DeSue stated
that Ms. McCarthy has paid the outstanding citations and she is making an effort
to take care of the violations. The Board had a brief discussion. MOTION by
Ed Corn, SECOND by Ben Wagner that the Board finds Roberta
McCarthy in violation of Section 21-35.04 of the Land Development
Code and continue any action until the next schedule meeting.MOTION
CARRIED UNANIMOUSLY,
Case #2006-CE-70821 3020 Limetree Dr., Edgewater, Florida; Jane Church.
Violation of Section 21-35.04 — Neglected premises.
Code Supervisor Angela DeSue presented the case summary to the Board. Code
Supervisor Angela DeSue presented staff's recommendation to find Jane Church
in violation of Section 21-35.04 of the Land Development Code accessing a
citation fine of $75.00 and an additional fine of $50.00 per day for each day the
neglected premises violation exists past October 19, 2006. Also for a lien to be
placed on the property if not satisfied by October 24, 2006. It is also
recommended that the Board issue a Board Order requesting the City Manager
approve the removal of abandoned property and debris by City Staff if the
violation is not corrected by October 19, 2006 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
Jane Church in violation of Section 21-35.04 of the Land Development
Code assessing the $75.00 citation fine and an additional fine of $50.00
per day for each day the neglected premise violation exists past
October 19, 2006. Also for a lien to be placed on the property if not
satisfied by October 24, 2006. It is also recommended that the Board
issue a Board Order requesting the City Manager approve the removal
of abandoned property and debris by City Staff if the violation is not
corrected by October 19, 2006 and that a lien is placed on the property,
MOTION CARRIED UNANIMOUSLY,
Election of Chair and Vice Chair
Chairperson Johnson opened the floor for discussion on the annual election for
chairperson and vice chairperson. MOTION by Ed Corn, SECOND by Ben
Delnigro that the Board continue the election of Chairperson and Vice
Chairperson until the next scheduled meeting, MOTION CARRIED 4-1.
OLD BUSINESS:
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Code Enforcement Board Minutes
October 19,2006
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None.
CODE COMPLIANCE REPORT:
None.
PUBLIC COMMENT:
None.
BOARD DISCUSSION:
None.
ADJOURNMENT
Chairperson Linda Johnson adjourned the meeting at 2:44 pm.
Next Meeting scheduled for January 18, 2007 at 2 p.m.
Minutes respectfully submitted by,
Shontella Jackson, Board Coordinator
City of Edgewater
Code Enforcement Board Minutes
October 19,2006
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