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04-30-1987 ... ~ ''', 'j/ Q o o . CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD April 30, 1987 7:00 p.m. CITY HALL MINUTES The meeting of the Citizen Code Enforcement Board was called to order by the Chairman, Mary Ciccarello, at 7:00 p.m. in the Conference Room of City Hall, Edgewater. ROLL CALL Members present were: Mary Ciccarello, Delores Cucanich, Paul Biggerstaff and Jon Davis; Roberta Moses and Lois Kane were excused. Phillip Williams was absent. Also presenr were Dennis Fischer, Building Official ~ode EnfQrce~ent Officer and also Pat Di Leva, Assistant Code Enforcement Officer, and Susan Wadsworth, Deputy City Clerk. APPROVAL OF MINUTES Mrs. Ciccarello asked for approval of the minutes of the meeting of January 29, 1987, and Mr. Biggerstaff moved they be accepted, seconded by.Mrs. Cucanich. Motion CARRIED 4-0. Mrs. Ciccarello announced, before turning to Old Business, that everyone who cares to speak this evening will have to be sworn in, which was taken care of by Mr. Pat Di Leva, Notary Public and Assistant Code Enforcement Officer. S-6"-CC-43 - DAVID MORRIS- Oversize Boat. Mr. Di Leva stated Mr.' .Mbrris is not present at this time and would the Board please return to this case later in the meeting, which was approved by .Mrs. Ciccarell~. 87-CC-7 - PATRICIA ARMLIN - Negligence. Mr. Di Leva announced this case concerns a house Mr. David Jones had inspected and when Mr. Di Leva talked with Mr. Jones, Mr. Jones said Mrs; Armlin is corning along on this and Mr. Di Leva stated he would like this tabled uritil next month's meeting. Mrs. Cucanich then moved we table this case until next month's meeting, seconded by Mr. Biggerstaff. Motion CARRIED 4-0. NEW BUSINESS Mrs. Ciccarello stated we would announce the cases which have corne into compliance"before going on with the rest of the Agenda: 87-CC-34, NANCY VERDUZCO and 87-CC-35, JUANITA ADKINS, both in compliance. Mrs. Ciccarello then stated Mrs. Rebecca Hall would not be here until 7:30 p.m. and the Board would now go on to the next case. 87-CC-12, RITA SULIK - No T~~ Mr. Sulik represented Mrs. Sulik and stated he tried to get a tag and discovered he needed ten (10) days to get the registration from Michigan. After discussion by the Board, Mrs. Cucanich moved Mrs. Sulik be given until May 15th to secure registration from Michigan, seconded by Mr. Biggerstaff. Morion CARRIED 4-0. Mrs. Ciccarello then announced Mrs. Hall had not arrived as yet, and the Board would move on to the Occupational Licenses Cases, and that they are now all in compliance except for 87-CC-26, ROY A. JEFFRIES, Edgewater Florist. Mrs. Susan Wadsworth, Deputy City Clerk, was ("~ " o (.) called upon to explain the facts of this case and Mrs. Wadsworth stated according to the Code Book, Section 11-8, page 861, if the profession or occupation falls into one or more classifications, the person engaged therein shall be required to pay the taxes for each classification. Mr. Jeffries asked if the book classified "Florists" and Mrs. Wadsworth answered "No, it does not". Mrs. Jeffries then read from Random House Dictionary definitions of "Manufacturer", stating it comes down to manufacturing parts and assembling parts, which they do not do in their shop - they just put flowers together. Quite a discussion followed by the Jeffries, stating they had paid the manufacturer's fee the past two years but believed this year they should not come under Manufacturing, as they definitely are not manufacturers. Mrs. Jeffries also read from Black's Law Dictionary the definition of Manufacturer, which the Jeffries definitely believe they are not. After a very deep discussion, the Board moved to table this matter until an opinion could be had from the City Attorney, Jose' Alvarez, as to whether a Florist can be listed as a Manufacturer, and whether "Florists" classification could be added to the Edgewater Code Book. Mrs. Ciccarello announced that since Mr. Morris had not appeared, the Board would now go to the Miscellaneous Section of the Agenda, "Discussion and pgssible action in re Fences, Walls and Hedges. Mr. Fischer was called upon to explain the facts in this case. Mr. Fischer stated he had several times corresponded with Mr. Finn concerning a complaint of oversize hedges between Mr. Finn's property and a neighbor, at 1700 Travelers Palm Drive. Mr. Fischer also stated he and Mr. Pat DiLeva-vie~ed~tfie~area-la~f-~ear on March 17, and it was their con- tention that the trunk size of 2 to 4 inches constituted the appearance of small trees, and the foliage from the ground area appears to be approximately 4 to 5 feet; therefore, Mr. Fischer and Mr. Di Leva believe no justifiable cause exists in this matter. Mrs. Finn stated her neighbor to the South had hedges overgrown, and cited the Code Book "Fences, Walls and Hedges" Section 706, page 1630, and stated Mr. Finn had taken pictures of the area, which Mr. Fischer passed around for the Board's inspection. Mrs. Finn complained these hedges have overgrown past the six foot requirement of Fences, Walls and Hedges. Mr. Fischer stated he then viewed the area again and wrote to Mr. Finn stating the "hedges" appear to be small trees and not hedges. On March 20 of 1986 Mr. Finn came into Mr. Fischer's office and expressed his opinion that they are not trees, they are hedges; he also stated he wrote or helped to write that Ordinance, and it meant "hedges". Mr. Finn again complained about another month later and Mr. Fischer said Mr. Austin, Public Works Superintendent, came to Mr. Fischer's office regarding this problem and another letter was then sent to Mr. Finn, by Mr. Di Leva, explaining there was nothing more they could do about this matter and made the suggestion that M~. Finn appear before the Citizen Code Enforcement Board, and we are now here for discussion on this subject. Mr. Fischer added he still believes they are small trees and do not meet the description of hedges and that it is unlawful to remove more than seventy (70%) percent of . trees more than four (4) inches in trunk size. Mrs. Finn then spoke. regarding their complaint that the "trees" or "hedges" are infringing onto their property more and more so that they are now extending over their sun deck and are fifteen (15) to twenty (20) feet high and encroaching over their land three (3) to six '(6) feet. Mrs. Ciccarello asked if the Finn's had the right to trim the limbs encroaching onto their property, but Mr. Fischer stated they do have "air" rights but he was not sure how much that would be. An in- depth discussion followed concerning this case, resulting in the Board asking Mrs. Finn to get in touch with a local nursery and get back to the Board with whatever information she can gather. Citizen Code Enforcement Board April 30, 1987 Minutes -2- , ..~ o Q '''t Mrs. Ciccarello then announced Mrs. Rebecca Hall is now in attendance. 87-CC-36, REBECCA HALL - Boat in front yard in negligent condition. Mr. Di Leva spoke concerning this case and explained he had taken pictures dating back to last year, five sequences, and not much has been done to the boat, and he has to agree with the neighbors it has become a nuisance in that area. Mr. Di Leva's pictures were passed around for the Board's inspection. Mrs. Hall stated she is willing to move the boat but was unable to find a trailer to do so. Mr. Di Leva said he could ~have it moved by a friend of his and asked where it would be moved. :' Mrs. Hall answered to property of her husband's in the County. After discussion, Mrs. Cucanich moved the boat be removed to the County property within a period of ten (10) days, seconded by Mr. Biggerstaff, with an addition to the motion that if the boat is. not moved within ten (10) days, there will be a fine of $20.00 . ~e~tday until in compliance. Motion CARRIED 4-0. Mrs. Ciccarello stated the Board weuld have to discuss the case of DAVID MORRIS whether he was here or not, and Mr. Di Leva explained what had happened to date, that Mr. Morris has a boat on Fern Palm and initially he was cited and was going to be fined, but it devel- oped the Ordinance was sketchy as to boats being parked on property. Mr. Di Leva stated the original Ordinance read "Boat Trailers" not "Boats" per se, so legally, the Board could not fine this man or cite him, and the case was then tabled. In the meantime, Mr. Di Leva stated, the Ordinance had been changed and Mr. Morris has now been notified again that he is in violation. The Board discussed all the facts of this case and Mr. Biggerstaff stated Mr. Morris had seemed so sincere when he had appeared before the Board and Mr. Di Leva answered yes, but the boat is still there. Mr. Biggerstaff then moved Mr. Morris move his boat within ten (10) days or a fine will commence at that time in the amount of Ten ($10.00) Dollars per day until the boat is moved and brought into compliance. The words "This will be strictly enfo~ced" are to be underlined in the secretary's letter to Mr. IVlorris, arid'<the. Motion 'then ,eARRIED 4,,:,,0. Mrs. Ciccarello stated we would now return to Miscellaneous subjects, the first one being the reappointment of Delores Cucanich and Paul Biggerstaff to the Board. The Board then voted unanimously for the reappointment of Delores Cucanich and Paul Biggerstaff for a term of three years. At this point Mrs. Ciccarello introduced the new Board member, Jon Davis, to everyone. Mrs. Ciccarello then returned to Miscellaneous subjects, the next being a letter received from Phil Williams, fermer Chairman, as to his resignation from the Board. After serious discussion, Mr. Biggerstaff moved the Board not accept the resignation of Mr. Williams as written (resigning as Chairman), but requesting Williams to remain as a ------ member of the Board. Mrs. Ciccarello then asked the secretary to write to Mr. Williams, informing him the Board would not accept his resignation and asking him to remain as a member of the Board. The ,j motion CARRIED 4-0. There being no further business, Mrs. Cucanich moved the meeting be adjourned, seconded by Mr. Davis. The meeting then adjourned at 8:00 p.m. Minutes submitted by Dorothy C. Garrity Citizen Code Enforcement Board April 30, 1987 Minutes -3-