10-27-1988
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
October 27, 1988 7:00 p.m.
CITY HALL
MINUTES
The meeting of the Citizen Code Enforcement Board was called to
order by the Chairman, Mary L. Ciccarello, at 7:00 p.m. in the
Conference Room of City Hall, Edgewater..
ROLL CALL
Members present were: Janice McGhee, Ella Ledger-Adle, Maureen
Borner, Delores Cucanich, Paul Biggerstaff, Mary L. Ciccarello.
Phil Williams was excused. Also present were: Dennis Fischer,
Code Enforcement Officer/Building Official; Pat DiLeva, ~ssistant
Code Enforcement Officer/Safety Inspector~
APPROVAL OF MINUTES
Mrs. Ciccarello asked if ther~were any corrections to the minutes
and the secretary asked the Board members to turn to page two and
correct, in the first paragraph, the word "November" meetin~ to
"Octbbet".m~~bitig. There being no other corrections or additions,
Mrs. Adle moved the minutes be accepted, seconded by Mrs. McGhee.
Motion CARRIED 6-0.
Mrs. Ciccarello announced there would be no reading of the usual
opening statements due to the fact there are no cases to deliberate,
just unfinished business. Mrs. Ciccarello went on to the first case.
88-CC-39 - Edgewater Cemetery Assocaition,Inc., .in violation of
Sec. 717.00, Bottles, Cans and other Debris in Pond. Mr. DiLeva
stated Mr. Swoop's problem was the blockage of the canal. Mr.
DiLeva stated he was down there today and the canal has been cleared
and Mr . Bwo9pe is' .now' in cOIJlpliance.
88-CC-4l - Frank Morris, Violation of Sec. 717, Trash in rear of
yard and Sec. 603, Junk car in front of home and appliances on
North side of Home. Mr. Fischer read a letter he had written to
the Board as actions to this date, containing his inspection of the
Morris property with City Manager William Powers~ Mr. Fischer went
on to explain that after this inspection, .he had calls from the
Attorney for Mr. Morris and also had contact with our own City Attorney
in regard to this situation. Mr. Fischer continued reading the
next paragraph of his letter which asked the Board to give a'ten day
extension to Mr. Morris to erect a six foot fence on the South side
of the home , at which time he would be in compliance. Mr. Fischer
stated there is no ordinance as to the number of trailers or boats
anyone can have, or cars or trucks, as long as they are in the area
designated by the ordinance. After discussion, Mr. Biggerstaff moved
Mr. Morris be given ten (10) days continuance to allow the building of
a fence, at which time the inspector will reinspect the property.
Mrs. Adle seconded the motion and the motion CARRIED 6-0.
Mrs. Ciccarell.J announced there was no new business this evening, but
under "Miscellaneous" she called upon Mr. Fischer to read a letter to
the Board concerning Mr. Joseph Kopec. Mr. Fischer explained the
circumstances of the Kopec case to members of the Board who had
not been on the Board during these former hearings. He explained
no license was to be issued until brought into compliance. Mr. Fischer
continued he had reinspected the premises three or four months ago and
today, and left a list of items to be completed. Mr. Kopec is in the
process and would like to open the business of a retail fruit stand.
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Mr. Fischer stated he and 'City Manager William Powers re-
inspected the property this morning around 9:00 p.m. in the
presence of Mr. Kopec, the' owner, and the'change of use to a
fruit stand is in compliance with the zoning requirements for
'this district. Mr. Fischer continued the interior of the structure
now complies with the change of use, and Mr. Kopec must now apply
for a license, along with all other procedures to be followed.
Mr. Fischer said he is requesting the former order of the Board,
denying the reissuance of a license, be rescinded, as he is
basically ready now and ~ within his rights to apply for a
license. Mrs. McGhee then moved the Board rescind the former
order of non-issuance of a license so as to allow Mr. Kopec to
apply for a license, seconded by Mrs. Cucanich. Motion CARRIED
6-0.
Mrs. Ciccarello discussed motions giving respondents thirty,days,
to giving the exact date of the next meeting as a part of the motion,
although the Board can still move less than thirty days, and the
Board so agreed.
Mrs. Ciccarello stated the secretary had a few notes to read and
Mrs. Garrity stated for the Board~s information, City Attorney
Jose' Alvarez said it is no longer necessary to send Certified mail
to all interested citizens, just the person reporting the violation.
Attorney Alvarez also answered "Condemnation Proceedings"~ saying
Unsafe Buildings must be handled by adoption of an Ordianance and
this should be handled by the Land Development and Regulatory
Agency, which she would notify. Mrs. Garrity also read a memo from
Attorney Jose' Alvarez stating he is delving into the animal case
concerning the Swains and will inform the Board as soon as it is
accomplished.
Time of the next meeting was ,discussed due to the Thanksgiving Day
holiday and November 17th is to be the exact day. A discussion
continued as to how many trailers a person can have on their
property, and Mr. Fischer said there is no ordinance as to the
amount of Trailers, or boats or cars, just so they are not kept
in the front of the house but on the side,/and if in the back yard
mustbe screened from view.'
Mr. Fischer also stated boats must be no longer than 26 feet and
R.V's and Trailers, 35 feet. If they do not meet these re-
quirements, they must be stored in an appropriate storage place.
A question was asked bY'Mrs. Cucanich as to how you can determine
t~ere is a license plate on a vehicle when there ate "No Tresspassing"
slgns, and Mr. Fischer said an officer can do that, but a Code
Enforcement Officer does not have ~hat right; they can go down an
alley,~abserve from right of ways, or be invited by the owner.
Mrs. Ciccarello also stated it is sometimes difficult for the Code
Board and Code Officers to interpret the Codes and enforce them. the
Board can recommend to the Attorney that the Code be looked at in
terms of difficulty and enforcement and ask or request the Council
to do something about changing the Code; that the members cannot
themselves change the Code. A further discussion continued 'as to
'the "~ice" side of a fence having to be toward the neighbor, and
~r..F1sche7 explained it is ordinarily constructed that way, but
1t 1S not 1n the Code that this be done. Mr. Fischer explained
you ~ust have fo~r feet in the front, but in the rear backyard
fenc1ng can be SlX feet high.
There being no further business before the Board, Mrs. Adlemoved
the meeting adjourn, seconded by Mrs. Cucanich. The meeting
adjourned at 7:47 p.m.
Minutes submitted by
Dorothy C. Garrity,
Secretary
Citizen Code Enforcment Board
Minutes of October 27, 1988
Meeting
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