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05-28-1987 Q o ~ ~ CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD May 28, 1987 7:00 p.m. City Hall MINUTES The secretary announced the Board did not know how to handle this meeting as we are without a Vice Chairman, and the Chairman co~ld not be present this evening. The Board then voted to elect a Vice Chairman and the secretary called for nominations. Mrs. Moses nominated Jon Davis, seconded by Mrs. Cucanich. Motion CARRIED 4-0. Mr. Davis accepted but asked that someone else take the meeting tonight and Mrs. Kane said she would do so. The meeting was then called to order at 7:10 p.m. in City Hall. ROLL CALL Members present were Lois Kane, Delores Cucanich, Roberta Moses and Jon Davis. Excused were Mary Ciccarello, Chairman; Phil Williams and Paul Biggerstaff. Also present were Dennis Fischer, Building Official/Code Enforcement Officer; David Jones, Assistant Code Enforcement Officer/Fire Inspector; Pat Di Leva, Assistant Code Enforcement Officer/Safety Director. APPROVAL OF MINUTES Mrs. Kane then asked for approval of the April 30th Minutes. Mrs. Cucanich moved the minutes be accepted, seconded by Mrs. Moses. Motion CARRIED 4-0. Mrs. Kane then announced that under Old Business the Board would now hear case No. 86-CC-47, Frank Morris - Accumulation of Trash, and asked if anyone was here to speak for Mr Morris or was Mr. Morris here. Mr. Morris did not appear, and Mrs. Kane asked Mr. Pat Di Leva to bring the Board up to date. Mrs. Kane then asked anyone wishing to speak this evening to stand up and be sworn in, which was done by Mr. Di Leva. The Board then returned to the case of Frank Morris, and Mr. Fischer was called upon by Mr. Di Leva to explain the up date to the Board. Mr. Fischer passed around various photographs he had taken of this property on Evergreen before and after, saying this property has now become an additional complaint as to trash, junk cars not operable, and a general nuisance. Mr. Fischer stated this is a continuing situation which has to be addressed by the Board. Mrs. Kane then asked if this case was originally a building and now becomes trash, and Mr. Fischer said yes, it is now not a building code requirement; it is now basically rubbish, a nuisance ordinance. Mr. Di Leva explained Mrs. Morris had removed several things she had in the way of trash, but this all belongs to Mr. Morris. Mr. Fischer asked the Board to be aware of the fact that a trailer and car are titled to Frank Morris. Mrs. Kane asked if a fine would be imposed and not paid, what name is the house in just now, and Mr. Fischer stated it is now in litigation and ownership is at this time undetermined. A.Mr. Clark then asked if he could speak and proceeded to show pictures of before and after that he had taken, which shows the property is still not in compliance. Quite a discussion followed as to any lien going against the property having to come out of proceeds of Mr. Morris if there is a settlement. Mr. Di Leva explained that due to court pro- ceedings, Mrs. Morris cannot touch these things but Mr. Morris can, and the Board must then decide what to do. After discussion, Mrs. Moses moved the Board fine Mr. Morris $25.00 per day, seconded by Mrs. Cucanich. After discussion by the Board, Mrs. Moses amended the motion that the fine commence May 29, 1987, and continue until Mr. Morris has notified the Code Enforcement Officer that the property is in compliance. Motion CARRIED 4-0. Q Q Mrs. Kane then announced under New Business, the Boardhas.Case.. No. 87-CC-19, Larry's Complete Auto Air - No Emergency Pump Shut-Off. Mrs. Kane called upon Mr. David Jones, Assistant Code Enforcement Officer/Fire Inspector, who started to inform the Board of the actions taken, but Mr. Kopec, landlord of Larry's Auto Air, spoke up and said he had not been informed of this meeting; he had a terrible headache; he had to leave. Mr. Jones asked him to remain since he had already appeared, but Mr. Kopec }eft 6f~is 'own accord. Mr. Jones then explained to the Board the work he had done at all gas stations; that all stations put in their emergency pump shut-offs, outside, where everyone could see, except this one, Larry's Air. Mr. Larry Robinson, lessee of the property, stated he is not changing anything, that in the lease, the lessor is to take care of everything; that he, Mr. Robinson, is not responsible for maintaining the building or taking care of it. Mr. Jones then read from Section 907.4.6.2, describing all sections of the Code to the Board, including the section that states "A clearly labeled manually operated pump master switch shall be provided in an approved location . ", and~~r.Jones added the controls have to be acceptable to the fire officials. Mr. Jones also said he had tried to reach Mr. Kopec by phone and could not reach him, and that Mr. Jones had talked periodically with Mr. Robinson. Mr. Jones then went on to explain the purpose of the pump shut-off; in case of a car fire someone can shuf off all the pumps at the same time. Mrs. Kane asked Mr. Robinson why he doesn't have the pump shut-off installed when Mr. Jones stated it would only cost around $50.00, and Mr. Robinson said the main reason is that commencing Monday, he will not be in there anymore as lessee; that he is just going to work there. After much discussion by Mr. Di Leva as to Mr. Jones being a certified fire inspector and Mr. Fischer stating Mr. Jones has done his job, Mr. Fischer stated he believes the Board has no'~ other alternative but to require this one station to be brought into compliance immediately or face fines which may be placed by the Board. Mrs. Cucanich then moved the Board fine Mr. Kopec $25.00 per day effective May 29th, 1987, until in compliance, seconded by Mrs. Moses. Motion CARRIED 4-0. Mrs. Kane then asked what is to be discussed under miscellaneous and Mr. Di Leva stated he would like to speak of Mr. David Morris who was to have been here last month and there was some confusion as to where he was living, as someone signed the certified mail in his behalf, but he did not see the letter. Mr. Di Leva then stated he would like Mr. Morris to explain to the Board what he is going to do, for Mr. Di Leva states Mr. Morris's fine is still going on since it wasn't cancelled by the Board. Mr. Morris then told the Board everything is almost ready for the boat to be put in the water..A Mr. James Loeffler spoke as a witness and said he is going to help Mr. Morris put the boat in the water if they can contact the crane operators. After discussion, Mrs. Cucanich moved Mr. Morris be fined $10.00 per day from May 11, 1987, until in compliance, at which time Mr. Morris is to inform the Code Enforcement Officer. Motion was seconded by Mr. Davis and CARRIED 4-0. Mr. Di Leva said he also wanted to speak about Mr. Finn's complaint regarding trees and hedges and stated he found out the trees would not die if they were pruned. He also said he finally reached the lady next door who said she would trim the trees. Mr. Di Leva then asked Mr. Fischer to speak and Mr. Fischer stated he and Mr. Di Leva went by the property today and they observed the small trees had been cut back from root level to approximately six feet, pruned from the bottom up, and it appears they have been trimmed sufficiently not to impose any hazard to the safety or well being of the neighbor, -2- Citizen Code Enforcement Board Minutes of May 28, 1987 Meeting o ~ and it is his opinion those trees and/or shrubs are in compliance with any hedge, tree or fence ordinance we have. Mr. Fischer continued he believes the City and Citizen Code Enforcement Board have done everything that can possibly be done as far as legal ramifications are concerned, and it is no longer a City matter. Mrs. Kane then asked if there was any other matter to be discussed and the secretary stated she had a memo from the City Attorney, Jose' Alvarez, regarding the Edgewater Florist case, stating it is now in the hands of Mrs. Susan Wadsworth, Deputy City Clerk. The secretary also read a memo from Cornelia A. Martinez, City Clerk/Administrator, regarding "Abstaining from Voting", which was read for the Board's information. There being no further business, Mr. Davis moved the meeting adjourn, seconded by Mrs. Moses. The meeting then adjourned at 7:52 p.m. Minutes submitted by Dorothy C. Garrity Citizen Code Enforcement Board Minutes of May 28, 1987 Meeting -3-