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06-25-1987 o : , Q Q CITY OF EDGEWATER CITIZENS CODE ENFORCEMENT BOARD June 25, 1987 7:00 p.m. CITY HALL MINUTES The meeting was called to order by the Chairman, Mary Ciccarello, at 7:00 p.m. in the City Hall. ROLL CALL Lois Kane, Members present were: Mary Ciccarello,.~~HX~MHM4 Delores Cucanich, Paul Biggerstaff, Phil Williams. Roberta Moses and Jon Davis were excused. Also present were: Dennis Fischer, Code Enforcement Officer/ Building Official; David Jones, Assistant Code Enforcement Officer/ Fire~Safety:Inspector; Pat Di Leva, Assistant Code Enforcement Officer/Safety Director. Mrs. Ciccarello explained there were no minutes to be approved, as the last meeting was mischaired and any action that was taken at that meeting will not be enforced. She also announced if anyone is interested in reading the minutes to see the secretary. Mrs. Ciccarello then turned to Old Business, saying Mr. Frank Morris is the only one in attendance at this time, and would the Board please turn to 86-CC-47 - FRANK MORRIS - In contempt if not appearinq. Trash, etc., at 1814 Evergreen. Mr. Morris was sworn in and Mrs. Ciccarello then asked Mr. Dennis Fischer, Building Official/Code Enforcement Officer, to speak. Mr. Fischer stated Mr. Morris is in violation of Section 1044, which is basically a trash and nuisance ordinance. Mr. Fischer stated he had reviewed the area in question on April 7th in regard to complaints about trash in the rear yard and he observed two~eas of accumulation; one looks to be a trailer with a lot of material falling around the sides, etc., and then passed around copies of photos taken June 24, 1987, showing the conditions still exist. Mrs. Ciccarello then asked the Board's pleasure and they agreed to have Mr. Morris speak. Mr. Morris then addressed Mr. DiLeva on several questions, including having mail sent to him at different addresses and sometimes as Mr. and Mrs. Frank Morris. He also asked if his work permit is still in effect, and Mr. Fischer stated there was a stop-work order on that permit, and it is probably not in effect, due to work being stopped over sixty (60) days. Mr. Morris then explained he is going through a divorce and is not at 1814 Evergreen at the present time as he is living on Sabal Palm. Mr. Morris said all letters sent to him previously had corne addressed to him alone until now, when he received a letter addressed to Francis D. and Kathleen H. Morris, which now makes it his responsibility; that other than that, none of this was his responsibility. He went on to explain the trailer and automobiles are registered vehicles, that the trailer is not trash, it has building materials on it; that the so-called fine for accumulation of trash is for trash that never existed. Mrs. Ciccarello stated the fine was for the removal of the roof and was levied for the amount of time it took Mr. Morris to remove the roof. Mr. Morris then went on to tell the Board that on July 13th he is going to Court and may be moving back into the house and will take care of matters then; that he did not mean to move things out and then move them back in again. Mr. Fischer then asked to review for the Board Ordinance No. 87-07, Cha?ter 10, Section 1066, revised and passed the 6th day of April, 1987, regarding abandoned, junked or disabled vehicles, which he proceeded to read to the Board, believing it pertains to Mr. Morris's case. Mrs. Ciccarello asked if any of the vehicles of Mr. Morris corne under that Ordinance, and Mr. Fischer said if the Board would look at the pictures, they will show the vehicle in the back yard has not been moved for longer than thirty (30) days. Mr. Morris said he can now get on to the property, since he has received a letter from his wife stating he can get onto the property, and the vehicles will be moved. '-> o Mrs. Ciccarello asked the Board what is their pleasure, and Mr. Williams asked if Mr. Morris moves the vehicles, will he be alright? Mr. Fischer said that is not the question right now; it is the accumulation of trash. Mrs. Ciccarello asked Mr. Fischer if he is referring to the vehicles or to the general condition of the yard, and Mr. Fischer said as the pictures show, there is a crushed piano, a lot of discarded building materials, and a variety of things just lying about. Mrs. Ciccarello stated it is her understanding thatfuings under construction must be kept covered. Mr. Morris said that in about one week's time he can straighten out the yard and asked if he couldn't have until the end of July, after he goes to court. Mrs. Ciccarello said she thought Mr. Morris had made his position clear, and perhaps the Board should take into consideration the court date. Mr. Williams then moved the Board give Mr. Morris until July 30th to get back into compliance. At that time, if not in compliance, a fine of $50.00 per day will ensue until in compliance. Mr. Morris asked if it will be levied against him or him and his wife, and the Board informed him it will be levied against whatever owner is registered at the time. The motion was then seconded by Mr. Biggerstaff and CARRIED 5-0. Mrs. Ciccarello then called upon Mr. Kopec to be swornin.and announced to the Board Case No. 87-CC-39 - JOSEPH KOPEC; No Outside Emergency Switch. Mr. Jones announced he had brought this case before the Board last month and it is still not in compliance; that Mr. Kopec has not contacted him and since Mr. Kopec is at the meeting, he would like to know what his intentions are. Mr. Kopec then spoke to the Board and said he was at the last meeting, although he had not been properly notified and continued with quite a list of actions Mr. Kopec thought:~ake enforced on him and which he believed were harrassments since the year 1984. Mr. Kopec then said he would get down to the present case of the service station. He stated Mr. Jones originally sent a letter on-September 9, 1986, that emergency shuf-off switch was required. Mr. Kopec went on to read to the Board members the Code concerning shut-off switches discussing where and the distances such emergency switches were to be installed. Mr. Kopec said there was nothing in the Code about outside switches. .Mr. Kopec also read from the code stating there shall be a responsible attendant on duty where self-service is concerned. After quite a lengthy discussion, Mr. Kopec said he would put a sign outside if he had to but still wants it known that nowhere does it say he has to. Mrs. Cicarello then stated to Mr. Kopec that he had made his point and asked the Board to please limit discussions to the emergency switch; that the Code does not say "outside". Mrs. Ciccarello continued that the switch must.be no closer than fifteen (15) feet and no further than seventy five (75) feet from the pump location, and where such switch is not visible, it shall be installed in a location acceptable to the Fire Official. Mr. Jones then read from the section that states it is up to the Fire Official. Mr. Williams asked if any stations have inside switches and Mr. Kopec said he was the only one who originally had a switch. Mr. Jones then asked if this could be tabled until he writes to the State Fire Marshall. Mr. Fischer then asked if this could also be tabled until a Code interpretation of this statute could be obtained from the Fire Marshall; to let the State interpret the Code. There was some discussion as to Mr. Kopec having a sign posted and Mr. Jones saying he had never seen it, but after further discussion, Mrs. Kane then moved that Mr. Kopec put a sign on the outside, indicating "Emergency Cut-Off Switch Inside For Gas Pumps", and he would then be in compliance, seconded by Mr. Williams. Motion CARRIED 5-0. Citizens Code Enforcement Board - Minutes of June 25, 1987 Meeting. -2- '7 (.) o Mrs. Ciccarello then announced the Board will please.go.back to the number one item under Old Business,86..,.CC-43, .DAVID.MORRIS - Oversize Boat- June 1st in compliance but fine still in effect from May II, 1987. Mr. Williams asked what seemed to be the problem in moving this boat and Mr. Di Leva answered it was a monumental job, and. it has been a long, long time. After further discussion as to levying a fine, it was decided Mr. Morris owned nothing that could be levied and there was no way to collect the fine. Mr. Biggerstaff then moved that the Board forgive the fine and cross it off the books, seconded by Mr. Williams. Mr. Williams asked that the Board send him a letter informing him the Board has waived the fine. Motion CARRIED 5-0. Mrs. Ciccarello asked the Board to look into their packets where they will find a letter from Susan Wadsworth, Deputy City Clerk, in regard to 87-CC-26, EDGEWATER FLORIST, stating that in the letter City Attorney Josel Alvarez had interpreted the Code as meaning the Florist will have to pay two licenses and that the Code will not have to be changed. After discussion by the Board, Mrs. Kane moved the Board table this matter to see if the licenses are paid and that the secretary send a letter to Mr. and Mrs. Roy Jeffries, owners, informing them of the decision. Motion was seconded by Mr. Williams and CARRIED 5-0. Mrs. Ciccarello then turned to New Business, 87-CC-40, MARGARET ANN TRULL - No Tag - 1969 Buick, at 2816 Kumquat Drive. Mr. Di Leva informed the Board that the vehicle is still at this residence with no plate, and the secretary told the Board a Subpoena had been served by Officer Turner. Mr. Di Leva continued that Mrs. Trull had never contacted anyone and has not appeared at this hearing. After discussion, Mr. Biggerstaff moved a letter be sent to Mrs. Trull stating that if, within ten days after receipt of the letter a license is not placed on the car, a fine of Five ($5.00) Dollars per day will be imposed until the Code Enforcement Officer has been notified the car is in compliance. Motion was seconded by Mrs. Kane and CARRIED 5-0. Mrs. Ciccarello read the next case, 87-CC-42, KATE COLTTE - No tag, 2-door Mazda at 805 S. Ridgewood. Mr. Di Leva stated he spoke with the owner personally and had given her the ten day citation to have a tag or remove the car and since then, the license plate and motor has been removed plus various parts hanging from the car. After discussing this case and the fact the Mrs. Coltte was served the subpoena by a policeman, Mr. Williams moved that Mrs. Coltte be given ten (10) days to get a tag or remove the car and if not, a fine of Five ($5.00) Dollars per day will be imposed until she has., notified the Code Enforcement Officer that she is in compliance. Motion seconded by Mrs. Cucanich and CARRIED 5-0. Mrs. Ciccarello read a memo from Cornelia A. Martinez, City Clerk/ Administrator, concerning the subject of "Abstaining From Voting" and a short discussion was held concerning this subject. Mrs. Ciccarello also announced that Mrs. Delores Cucanich and Mr. Paul Biggerstaff were reappointed by the Council to serve on the Board. Mrs. Ciccarello then asked for nominations for Chairman and Mrs. Kane nominated Mary Ciccarello for the year 1987-88, seconded by Mr. Biggerstaff. Motion CARRIED 5-0. Mrs. Ciccarello then asked for nominations for Vice Chairman and Mr. Biggerstaff nominated Phil Williams, seconded by Mrs. Kane. Motion CARRIED 5-0. There being no further business, Mrs. Cucanich moved the meeting be adjourned, seconded by Mr. Biggerstaff. The meeting then adjourned at 8:38 p.m. Minutes submitted by Dorothy C. Garrity Citizens Code Enforcement Board - Minutes of June 25, 1987 Meeting -3-