08-27-1987
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CITY OF EDGEWATER
.CITIZEN~CODE ENFORCEMENT BOARD
August 27, 1987 7:00 p.m.
CITY HALL
MINUTES
The Chairman, Mary L. Ciccarello, called the meeting to order at
7:00 p.m. in the City Hall of the City of Edgewater.
ROLL CALL
Members present were: Mary Ciccarello, Delores Cucanich, Janice
McGhee and Ella Adle. Lois Kane and phil Williams were excused.
Paul Biggerstaff was absent. Also present were Dennis Fischer,
Building Official/Code Enforcement Officer and David Jones, Fire
Safety Inspector/Assistant Code Enforcement Officer and Dorothy C.
Garrity, Secretary.
Mrs. Ciccarello welcomed two new members of the Board, Janice
McGhee and Ella Adle and thanked them for agreeing to serve.
APPROVAL OF MINUTES
Mrs. Ciccarello asked~th~t the minutes of July 30th, 1987 be
tabled, as a quorum of members are not present who attended
that meeting. Mrs. Cucanich moved the minutes be tabled until
the next meeting, seconded by Mrs. Adle. Motion CARRIED 4-0.
Mrs. Ciccarello then read an opening statement concerning the
procedure to be followed by the Board at their meetings. M~s.
Ciccarello then introduced the Board members to those present
and also introduced Mr. Fischer, Mr. Jones and Mrs. Garrity.
OLD BUSINESS
86-CC-47 - FRANK MORRIS. Mr. Fischer handled this case and was
asked to speak by Mrs. Ciccarello. Mr. Fischer then asked the
Board to excuse him while he secured his files and Mrs. Ciccarello
then went on to the next case.
87-CC-26 - EDGEWATER FLORIST. Mrs. Ciccarello stated the Edgewater
Florist had obtained the necessary licenses and was now in compliance.
87-CC-39 - JOSEPH KOPEC. Mrs. Ciccarello announced Mr. Kopec had
displayed his sign and was now in compliance.
Mr. Fischer then returned and exhibited pictures he had taken
showing what violations had been committed in the past. Mr.
Fischer continued that the City had hauled away two one-ton
truckloads of debris; that new tenants are living in the house
now; that everything has been cleared away except for some things
stored in the garage, which is allowed, and asked that a letter of
compliance be sent to Mr. Morris, which the secretary was asked to
prepare.
NEW BUSINESS
87-CC-44 - OCCUPANT-2904 Royal Palm - No Tag, Celica. Mr. Fischer
announced the car has been removed as of this day and is now in
compliance. The secretary stated she had sent an in compliance
letter and also informed the occupants they did not have to attend
the meeting.
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87-CC-45 - OCCUPANT~23l8 Fern Palm. No Tag, 1976 Chevy. Mr. Fischer
explained there had been two vehicles at this address, and that one
vehicle had been removed and one still remains. Mrs. Perry and her
son, David were sworn in and Mr. Fischer continued he had spoken
with someone at the house this day and was informed parts were to
be taken from the car and the car removed. Mrs. Perry then spoke
and stated her son would just need a few more days and assured the
Board the car would be gone. After discussion, Mrs. Adle moved
the perry's be given until September 3, 1987, to have the car
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removed, seconded by Mrs. McGhee. Motion CARRIED 4-0. Mr.
Fischer was asked to reinspect on September 3, and Mr. Fischer
informed the Board Mr. Pat DiLeva, Assistant Code Enforcement
Officer, would be back by that time and would do the reinspecting.
87-CC-46 - OCCUPANT 503 Dayton - No Tag, Green Chevy Van. Mrs.
Ciccarello announced this case is now in compliance.
86-CC-47 - 47 - OCCUPANT - No Tag, 506 Old County Road - Brown/
Cream Buick. Mr. Fischer asked that this case be tabled, as there
were numerous cars at this address, although an In Compliance had
been made for this address. Mrs. Cucanich moved this be tabled,
seconded by Mrs. McGhee. Motion CARRIED 4-0.
87-CC-48 - HENRY ELBERS - Violation of unsafe residential building.
308 West Ocean Avenue. Mr. Jones announced Mr. Elbers is on his
way, corning from Ormond Beach. Mrs. Ciccarello then stated the
Board would continue on to the next case.
87-CC-49 - SARAH R. WALFENZAO - Grass in excess of three feet,
Lots 113 through 124, Live Oak and Palmetto Streets. Mr. Fischer
passed photographs around of this property and explained this was
brought before the Board last year; that Mrs. Walfenzao lives in
Belgium; and explained in the past, the City would go down and
clear the lot and have the City bill Mrs. Walfenzao. Mr. Fischer
then asked this same procedure be followed this year and Mrs.
Cucanich moved the lots be mowed and Mrs. Walfenzao be billed.
Mrs. Adle seconded the motion and the motion CARRIED 4-0.
At this point Mr. Henry Elbers arrived and the Board turned to
87-CC-48 - HENRY ELBERS - Unsafe Residential Bldg and Weeds at
308 West Ocean Avenue. Mr. Elbers was sworn in and Mr. Fischer
then explained to the Board he had taken pictures just this day
of the overgrown weeds and passed the pictures around to the Board
members. Mr. Fischer continued that back in March of this year
Mr. Fischer had requested Mr. David Jones, Assistant Code Enforce-
ment Officer, to investigate the premises and from that investigation
Mr. Jones wrote a letter to a Mr. Neady, who was believed to be the
owner of this property, as to the repairs needed at this property.
Mr. Fischer continued the tax record showed Mr. Elbers was the
owner of the parcel at West Ocean, and Mr. Elbers' son informed
Mr. Fischer the property is in legal question of ownership at
this time. Mr. Fischer continued to inform the Board of all the
procedures followed to date, and Mr. Elbers testified this property
had been his mother and father's and believed they had a contract
with the Neadys and that he had contacted the Building Department
and an attorney to straighten out this matter. Mr. Fischer stated
he had Florida Power and Light disconnect the power as Mr. Neady
had left in April, and there is no power in that house. Mr. Elbers
then testified he has paid the taxes to keep this property from a
tax suit and as soon as he heard of the condition of the property
he. had bought a liability policy. Mr. Elbers continued he would
like to have the time to work on this house, board it up, cut the
grass~ Mrs. Ciccarello asked Mr. Elbers if he would be willing to
cut the grass, board up the place in such a manner it would at least
be safe, ~nd Mr. Elbers said yes, this would be mostly labor and he
could do that. Mr. Elbers also stated he did not want to invest
too much money in the house as Mr. Neady could very easily move
right back in, until the legal ownership is established. After
more discussion, Mrs. Adle moved Mr. Elbers maintain the yard,
shore up the carport and the rafters in the garage area; a quick
paint to the street side to make it at least look livable, to be
done by the next meeting of the Board, September 24, 1987. The
motion was seconded by Mrs. McGhee and CARRIED 4-0.
Citizen Code Enforcement
Board Minutes of August
27, 1987 meeting.
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Mrs. Ciccarello thanked Mr. Elbers TIor his cooperation and Mr.
Fischer asked Mr. Elbers for his current address for the records.
Mr. Elbers stated his address is 120 Fairwood Circle, Ormond Beach,
32074.
Mrs. Ciccarello stated the Board would wait for the return of Mrs.
Cucanich, who had stepped out for a few minutes, before a vote
could be taken on the Elbers' case. Mrs. Ciccarello then said
we could continue with the next cases.
87-CC-50 - OCCUPANT - 1819 Orange Tree - No Tag - Red Honda.
Mrs. Ciccarello stated this case is now in compliance.
87-CC-5l FRANK MORRIS, 1711 Sabal Palm Drive, Neglected Premises AND
87-CC-52 ROBERT DEWAR, 1711 Sabal Palm Drive, Neglected Premises.
Mrs. Ciccarello explained to the Board that Mr. Dewar is the owner
and Mr. Morris the tenant, and informed the Board this case is
now in compliance. Mr. Fischer showed pictures to the Board of
before and after, the "after" pictures being taken just today.
The secretary was advised to send anin compliance letter to Mr.
Morris.
MISCELLANEOUS
Amending Chapter 5, Sections 5-7, regarding ANIMAL VIOLATIONS.
Mrs. Ciccarello stated the City Council has amended our Ordinance
to allow the Citizens Code Enforcement Board to handle animal
cases. Mr. Fischer said the Animal Control Officer stated she
takes animal cases before the Court and it sometimes takes two or
three months to bring a case before Judge McDermott. Mr. Fischer
continued the recent change in the rulings for Citizens Code
Enforcement Boards of the communities can now be handled by
these Boards; that these type of cases do not have to be taken
before the Civil Court. Mr. Fischer continued that because of
the need for the recent vicious dog problems to be brought quicker
for adjudication, an emergency ordinance was passed about two or
three weeks ago to this effect; so that now we will probably see
some of the cases brought to us that were normally brought before
Judge McDermott.
Procedure of Hearings of the Board
Mrs. Ciccarello. discussed the procedures of hearings before the
Board and stated she would like a little more formality and believes
this is what will be done from here on out. The secretary was asked
to have these procedures on the table before each meeting.
Mrs. Ciccarello also asked that each person be sworn in as their
case is heard and also that Mr. Fischer and Mr. Jones would not
have to be sworn in each and every time.
Mrs. Ciccarello asked for a motion for recess until Mrs. Cucanich's
return. Mrs. Adler moved we recess, seconded by Mrs. McGhee. There
was a recess of ten minutes at 7:50, reconvening at 8:00. Mrs.
Ciccarello then asked the secretary to read the motion made and
seconded in the ELBERS case, which was done. Mrs. Ciccarello also
explained the case to Mrs. Cucanich to date and a roll call was
then taken on the vote. The motion CARRIED 4-0.
There being no further business Mrs. Adle moved the meeting adjourn,
seconded by Mrs. McGhee. The meeting then adjourned at 8:10 p.m.
Minutes submitted by
Dorothy C. Garrity.
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Citizen Code Enforcement
Board Minutes of August
27, 1987 Meeting