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12-21-1989 f o o [;\c~ v- 0..\ -. Ii CITY OF EDGEWATER CITIZENS CODE ENFORCEMENT BOARD REGULAR MEETING THURSDAY, DECEMBER 21, 1989 7:00 P.M. COMMUNITY CENTER CALL TO ORDER: Mrs. Strong, Acting Chairman, called to order a regular meeting of the Citizens Code Enforcement Board at 7:00 p.m., Thursday, December 21, 1989, in the Community Center of City Hall. ROLL_CA....L1.. ('i\t, nol'{\S ~ ;,.... l>y\ Wlm.Members present were, Mr. \"'~, ~o.l\""'~;"; Kozlowski and Mrs. Strong. ,. \ '. \,.,Q. excused. Lange, Mr. Norris, Mrs. Cucanich, Mr. Mr. Christian and Mrs. Borner were ". , 't:" ~ '1l1.o.. Also present were, Pat Di Leva, Code Enforcement/Safety Director, residents of Meadow Lake Subdivision, Mrs. Skaggs, Mr. Malecki and Sondra Meager-pengov, Secretary. APPROVA~ OF MINUTES: Mrs. Cucanich moved to accept the minutes of November 16, 1989 as presented. Seconded by Mr. Kozlowski. Motion CARRIED 4-0. UNFINlS~ED BUSINESS: Case #89-CC-85 - Louise Panico - Mrs. Cucanich made a motion to fine Mr. Panico $250.00 per day starting December 22, 1989, if his truck has not been removed from his residential property. A Findings of Fact, Conclusions of Law and Order is to be hand delivered to Mr. Panico on December 22, 1989. Seconded by Mr. Kozlowski. Motion CARRIED 4-0. SU~POENA'S ISSUED - NOW IN COMPLIAN~E: Mr. Di Leva reported compliance: the following case have come into Case #89-CC-117 - Susan Blauer - Vehicle with no license. Case #89-CC-119 - Jari Waldie - Vehicle with no license. Case #89-CC-120 - Barb & John Spears - Vehicle without current license plate. Case #89-CC-124 - Charles White - Junk car no license plate. Case #89-CC-125 - Donald Schara - Vehicle without current license plate. Case #89-CC-126 - Sid Shara - Vehicle without current license plate. Case #89-CC-128 - William R. Baumann - Chair in front of residence. Case #89-CC-129 - Meadow Realty - Mattress in front of property. Case #89-CC-130 - William O'Donnell - Washer in front of residence. ,. o o .~ ~ CITIZENS CODE ENFORCEMENT BOARD DECEMBER 21, 1989 MINUTES PAGE -2- Case #89-CC-131 - Keith Draper - Inoperable vehicle on side or property. Case #89-CC-133 - Doug Webster - Vehicle with no license plate. Case #89-CC-134 - Pamela Perdue - Couch on side or residence. Case #89-CC-135 - Steve Campbell - Truck with tra~h. Case #89-CC-136 - Salvatore Pipicelli - Exit door swings in wrong direction. Case #89-CC-140 - Done Right Painting - Working without an occupational license. NEW BUSINESS: Mr. Di Leva reported the subpoena's that have come weeks. following cases that were issued into compliance within the past two Case #89-CC-114 - J. Allison Schulthers - Vehicle with no license plate. Case #89-CC-123 - Paul Kisiday - Inoperable vehicle on property. Case #89-CC-137 - Mr./Mrs. Robert Stanton - Semi tractor parked in residential area. Case #89-CC-138 - Alfred DeWitt - Semi tractor parked in residential area. Mr. Di Leva reported the following the two cases that have not come into compliance: Case #89-CC-132 - Sue Skaggs - Brush in right-of-way. Mr. Di Leva passed a picture of Brush (and logs) to the Board. The picture showed that the brush (and logs) had been moved from the right-of-way, to the side of the driveway. Mr. Lange made a motion to give Mrs. Skaggs two (2) weeks to stack and organized the wood (logs) on the east side of her residence. Seconded by Mr. Kozlowski. Motion CARRIED 4-0. Case #89-CC-118 - Mid Florida Recycling, Joe Malecki - Operating without an occupational license. All commercial vehicles must be removed until a license is obtained. Mr. Di Leva stated that a fence must be installed to contain the commercial vehicles. Pictures were passed to the Board showing a rence has not been installed. (Mr. Malecki has an approved permit to install a fence.) Mrs. Cucanich made a motion to give Mr. Malecki or Mid Florida Recycling, three (3) weeks to remove the trucks from the property or will be subject to subsequent fines. Mr. Malecki will notify Mr. Di Leva as soon as this has been completed. Seconded by Mrs. Strong. Motion CARRIED 4-0. j. o o .' . CITIZENS CODE ENFORCEMENT BOARD DECEMBER 21,1 989 MINUTES PAGE -3- PI SCUSSI_ON ITEMS: Mr. 0 i Leva repor ted on a memo fl-om Jose B. Alvarez 1 City Attorney, regarding the City of Edgewater Code Enforcement Board's jurisdiction to rule on a zoning violation concerning an alleged illegally parked t\-actol- trailer cab. (see attached) This memo was in reference to Case's 389-CC-137 and 89-CC-138. Also, per Mr. Di Leva's request, the Board decided to review Section 712.00 Parking and storage of certain vehicles1 and determine appropriate wording of the ordinance so as to make the ordinance clearer. C1mE. ENFORCI;:I1ENT OFFICEBS COMMENTS: Mr. Di Leva had no comments at this time. eD~Bf.IIl'le.ITL 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 ,,-;-. ~. PiMUl;o ~ .r;(~/,?,.! l'{0U/I~ at ~ o MI Cad J7UlUMw- ge~/lul. .r/mt/rla J272() ff~mw (.9().q) 7Jd'.,MI1 FROM: ..--, MARK KARET, PLANNING DI~ECTOR .//-;1 'J ( /S (r' /' JOSE B. ALVAREZ, CITY ATTORNEY fIX /t/ !j'<""", DECEMBER 21, 19 89 "--.....-/ MEMO TO: DATE: RE: CODE ENFORCEMENT BOARD JURISDICTION ----------------------------------------------------------------- The following is in response to your request for a legal opinion on the following issue: Does the City of Edgewater Code Enforcement Board have jurisdiction to rule on a zoning violation concerning an alleged illegally parked tractor trailer cab, in light of 49 U.S.C. S2312 (Supp. 1989)? Pursuant to section 162.02, Florida Statutes (1987) and section 2-48 of the Code of Ordinances of the City of Edgewater, Florida, as amended, the City of Edgewater Code Enforcement Board has the jurisdiction to hear cases concerning zoning ordinance violations. Chapter 162, Florida Statutes only provides the Board with the authority to decide whether property is in violation of the City's ordinance and to impose an administrative fine if the pro- ~erty is not brought into compliance. The Board does not have jurisdiction to rule on the issue of whether an ordinance is valid. Zoning Ordinances are presumed valid and the burden of overcoming the presumption of validity is on the challenger of the ordinance. Fox v. Town of Bay Harbor Island. Therefore, section 712.00 of the Code of Ordinances, which prohi- bits and/or restricts the parking of commercial vehicles in resi- dentially zoned districts, must be presumed valid and applicable to the subject property. The Board does not have the jurisdic- tion to rule on the applicability of 49 U.S.C. S 2312 (Supp. 1989) which provides in part: Access to the Interstate System No State may enact or enforce any law denying reasonable access to commercial motor vehicles subject to this title between (1) the Interstate and Defense Highway System...and any other qualifying Federal-aid Primary System highways, as designated by the Secretary. . . Q o ~. . If the Board finds that a violation does exist, the property ow- ner can appeal the Board's decision to the Appellate Division of Circuit Court pursuant to Section 162.11, Florida Statutes (1987). At that time, the property owner can raise the issue of the appli- cability of Section 712.00 of the Zoning Ordinance and 49 U.S.C. S 2312 (Supp. 1989) as applied to his property. Zoning regulations prohibiting the parking of certain vehicles in residential districts have been upheld as constitutional. Henley v. City of Cape Coral and City of Coral Gables v. Wood. Although these cases do not concern the application of 49 U.S.C. S 2312 (Supp. 1989), such regulations have been upheld. Further, it is the opinion of this office that if the issue is raised on appeal before the Appellate Division of Circuit Court, the City will be in a favorable position. 49 U.S.C. S 2312 (Supp. 1989) only provides that a state cannot deny access to an interstate. The City's Zoning Ordinance which prohibits and/or restricts parking of commercial vehicles does not prohibit access to any interstate. Access is defined in Black's Law Dictionary 13 (5th ed. 1979) as: Freedom of approach or communication, the means, power, or opportunity of approaching, communicating, or passing to and from. Thus, I do not believe that 49 U.S.C. S 2312 (Supp. 1989) is applicable to the facts of this case. The Board must accept that Section 712.00 of the City's Zoning Ordinance is valid and appli- cable to the subject property. The Board only has the jurisdic- tion to determine whether the property is in violation of the City's Zoning Ordinance and them impose an administrative fine. This Memo is rendered to you only and inasmuch as the information contained herein could be used against the City in future litiga- tion, it is recommended that this Memo not be publicly distribut- ed. You may, of course, rely on it to state verbally the City's position. in front of the Board.