07-19-1990
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CITY OF EDGEWATER
CITIZENS CODE ENFORCEMENT BOARD
REGULAR MEETING
THURSDAY, JULY 19, 1990
7:00 P.M.
CONFERENCE ROOM, CITY HALL
CALL TO ORDER:
Chairwoman, Maureen Borner called to order the regular meeting of
the Citizens Code Enforcement Board at 7:00 p.m., Thursday, July
19, 1990.
ROLL CALL:
Members present were Mr. Christian, Mr. Lange, Mrs. Cucanich, Mr.
Kozlowski, Mrs. Strong and Mrs. Borner. Mr. Cowan was excused.
Also present were Mark Karat, Director of Planning and Zoning,
LYnne Plaskett, Assistant Planning and Zoning Director, Dennis
Fischer, Building Official, William Vola, Fire Chief, Pat Di
Leva, Code Enforcement/Safety Director and Sondra Meager- Pengov,
Secretary.
APPROVAL OF MINUTES:
Mrs. Strong made a
meeting of June 20,
CARRIED 5-1. Mr.
meeting.
motion to approve the minutes of the Special
1990. Seconded by Mrs. Cucanich. Motion
Lange voting no as he was absent from the
Mrs. Cucanich made a motion to approve the minutes of the Regular
meeting of June 21, 1990. Seconded by Mrs. Strong. Motion
CARRIED 5-1. Mr. Lange voting no as he as absent from the
meeting.
NEW BUSINESS:
Mr. Di Leva reported Case Numbers 90-CC-086, 90-CC-087 and 90-CC-
088 as being in compliance. Mrs. Strong made a motion accepting
these cases as in compliance. Seconded by Mr. Kozlowski. Motion
CARRIED 6-0.
UNFINISHED BUSINESS:
Mr. Di Leva reported Case Number 90-CC-075 - Ford pick-up truck
with an expired tag, section 10-66 is now in compliance.
LYnne Plaskett, Dennis Fischer, Mrs. Jones and Pat Di Leva were
sworn in regarding the following cases.
CASE I 90-CC-089 - Tabled from June 21, 1990 meeting - David
Jones - Driveway in side set-back. Section 305.00.
Mr. Di Leva stated he had given his testimony and provided
pictures to the Board regarding the case at the June 21, 1990
Board meeting. (Mr. Di Leva reminded the Board that they tabled
the case after hearing Mr. Jones · testimony, requesting
additional information and have Dennis Fischer, Building
Inspector present at the next meeting).
Mr. Di Leva gave the floor to Dennis Fischer who stated he had
done the inspection on the Jones house and said the driveway in
question mgy have been there at the time of inspection, but
couldn · t remember. Mr. Fischer reviewed the two different
surveys, explaining one of these is a replat showing the
dimensions of the house after construction (used for the purpose
of a swinming pool permit). No driveway was shown on the replat,
they are poured at a later date along with sidewalks. The
driveway permit and inspection comes from Public Works
Department.
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CITIZENS CODE ENFORCEMENT BOARD
JULY 19, 1990
PAGE -2-
According to Mr. Fischer, sidewalks or driveways, or sidewalks
around the house perimeter are not normally shown on the original
permit. They are done by the builder or owner. There are no
inspections on sidewalks or driveways other than where the
driveway attaches to the street (inspected by Public Works
Department) .
Mr. Kozlowski asked Mr. Fischer if a permit is needed to pour a
cement slab. Mr. Fischer said the house permit shows purposed
driveways. Mr. Kozlowski stated that the slab (driveway) poured
does not meet the required five foot (5') setback. Mr. Fischer
said according to the figures shown (in the memo to Bill Vola
from Pat Di Leva) there is approximately two feet (2') between
the slab and the property line.
The Board question Mr. Fischer as to whether he considered the
slab a sidewalk or not. Mr. Fischer stated a normal sidewalk is
between three (3) and four (~) feet. A normal driveway is nine
(9) feet wide. He said the slab is seven (7) feet wide,
somewhere in between.
Mrs. Jones spoke in her own behalf explaining the cement slab
(driveway) in question is used to park the boat on. She stated
Mr. Jones, at the time of construction, told them where the slab
should go and suggested putting a "V" in the lawn for water
runoff. The cement slab was poured prior to a certificate of
occupancy being issued.
Mr. Karet clarified that if the Board decides, based on
testimony that this was done without the approval of the City the
Board then must determine whether it is a violation. If it is
determined this was done with the knowledge of the City, then
perhaps the case should be dismissed. Mr. Fischer testified that
he does not remember. Testimony from Mrs. Jones indicated that
the slab was poured with Mr. Fisher's knowledge.
Mr. Kozlowski asked that he go on record as having a problem with
the situation because after studying the drawing it did not make
any sense to him. The dimensions are not clear. Also he wonders
when the Building and Planning Departments will work as a unit.
Mrs. Plaskett explained to the Board how the above problem has
been resolved. Approximately two years ago the Planning
Department started issuing Zoning Certificates, which are for
anything requiring a building permit. These have to be cleared
through the Planning and Zoning office before going to the
Building Department. Mrs. Jones' construction was prior to this
being done.
Mrs. Cucanich made a motion to dismiss the case. Seconded by Mr.
Lange. Motion CARRIED ~-2. Mr. Kozlowski and Mrs. Strong voted
no.
CASE * 90-CC-082 - Tabled from June 21, 1990 meeting - Perry
Barrett (Gas Stop) Signs with no permits, erected satellite
station without a permit, signs placed on property that do not
meet sign regulations. Section 3-5, 7-371 thru 7-376 and 3-1.
Mr. Barrett was not present, nor anyone to represent him.
Mr. Di Leva reviewed the letter sent
18, 1990. Mr. Di Leva stated since
taken pictures of the Gas Stop which
to the Board.
from Mr. Barrett dated July
last months meeting he has
Mrs. Plaskett will describe
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CITIZENS CODE ENFORCEMENT BOARD
JULY 19, 1990
PAGE -3-
Mrs. Plaskett showed
signs have permits.
permits.
the Board pictures, stating the circled
The other uncircled signs were not issued
With the information provided Mr. Kozlowski made a motion to fine
Mr. Barrett two hundred fifty dollars ($250.00) per day (upon
receipt of Domestic Return Receipt or hand delivery by Police
Department) until all violations are in compliance. Seconded by
Mr. Christian. Motion CARRIED 5-1. Mr. Lange voting no.
CODE ENFORCEMENT OFFICER COMMENTS:
Mr. Di Leva reported to the Board that he, Mr. Karet and Dennis
Fischer were sent to investigate Mr. Jones' fence initially. It
was noted at that time that there was two (2) feet between the
fence and driveway, that is how the driveway (slab) violation
came about.
Mr. Karet gave the status of the Jiffy Store on Indian River
Blvd. The fine as of this date is $37,000.00. The last
outstanding mater is the problem with the grass. A letter was
sent to the representative of the Jiffy Store informing them that
the grass is not "greening" and is in fact dead. The City will
not accept the improvements made.
A motion was made by Mrs. Strong to record the order imposed by
the Board to fine the Jiffy Store. Seconded by Mr. Lange.
Motion CARRIED 6-0.
ADJOURNMENT:
There being no further business to come before the Board a motion
was made and accepted to adjourn. The meeting adjourned at 8:15
p.m.
Minutes respectfully submitted by:
Sondra Meager-Pengov, Secretary
Citizens Code Enforcement Board
/SMP