01-29-1987
.;-
(.)
o
CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
January 29, 1987 7:00 p.m.
CITY HALL
MINUTES
The Chairman, Mr. Williams, called the meeting to order at
7:00 p.m. in the City Hall of Edgewater.
ROLL CALL:
Members present were: Roberta Moses, Lois Kane, Mary Ciccarello,
Delores Cucanich, Paul Biggerstaff, Phillip Williams. Also present
were Virginia Kuhar; Roscoe Heavener, Jr.; Dennis fischer, Code
Enforcement Officer; Pat DioLeva and David Jones, Assistqnt Code
Enforcement Officers; Mr. C. E. Clark, and Beth Weilenman,
Reporter.
APPROVAL OF MINUTES
Mrs. Cucanich moved the minutes of November 20, 1986, be accepted,
seconded by Mrs. Ciccarello. Motion CARRIED 6-0. Mrs. Ciccarello
moved the minutes of December 18, 1986 be accepted, seconded by
Mrs. Cucanich. Motion CARRIED 6-0.
Mr. Williams then turned to the Agenda and asked who was to speak
this evening and all concerned were sworn in by Mr. Di Leva.
86-CC-42 - WALLY RACE - 1 day fine. Mr. Williams called upon Hr.
Di Leva for this case and Mr. Di Leva explained to the Board that
Mr. Race is now in compliance, having come in just this week and
having paid his $15.00 fine.
86-CC-43 - DAVID MORRIS - Boat. Mr. Di Leva informed the Board a
new resolution is in progress that will clarify parking of boats
and boat trailers and we would like to delay this until the future.
8 6-CC-4 7 - FRANK MORRIS - Non - conformance of Codes. Mr. Di Leva
asked if this, too, could be delayed until Mr. Fischer arrives and
was granted this delay also.
'~""
87-CC-l - ADAM YOUNG - No License. Mr. Di Leva announced Mr. Young
had brought in his license tag at 12:00 this date and is now in
compliance.
87-CC-3 - VIRGINIA KUHAR - Expired tag and neglected premises. Mr.
Jones explained to the Board that Mrs. Kuhar has painted the front
of her building, has removed the junk vehicle, is making progress,
although slow, and Mr. Jones adked the Board if they could grant
a thirty-day extension, as the weather has not been conducive to
good painting. After discussion, the Board agreed and Mr. Biggerstaff
moved they be given thirty days or thirty five if needed, and Mrs.
Kane asked to give them until the next Board meeting, which is
February 26th, at which time it will be reviewed. Mrs. Ciccarello
seconded the motion and it CARRIED 6-0.
87-CC-4 - ROSCOE HEAVENER, JR. - Litter, etc. and Neglected Premises.
Mr. Jones spoke on behalf of Mr. Heavener and explained to the Board
he had received a letter from Mr. Heavener (which he read to the Board)
and stated progress has been made; the garage roof has been completely
torn down; and with the progress he has made, Mr. Jones would like
the Board to grant an extension of at least thirty days. Mrs. Kane
then moved the Board give Mr. Heavener until February 26th, the date
of the next Board meeting, at which time Mr. Jones will reinspect
the property, seconded by Mrs. Cucanich. Motion CARRIED 6-0.
I
Q
o
~-
86-CC-47 - Frank Morris - Non-Conformance of Codes. Mr. Williams
announced we would now go back up to Frank Morris, but Mr. DiLeva
interrupted to say there was just one more case under New Business,
87-CC-5, JACK COOLEY - Storing abandoned Vehicles. Mr. DiLeva stated
Mr. Cooley was now in compliance. The Chairman then returned to the
discussion of the Frank Morris case:
86-CC-47 - Frank Morris - Non-Conformance of Codes. Mr. Gold asked
Mr. Fischer to speak at this time. Mr. Fischer explained this is
just an update, that this case is closed; we have filed an Affidavit
of Non-Compliance; we have checked it daily; we have kept a daily
log, and as of 3: 30 this afternoon there is nothing new. ('After
giving all the facts of this case, Mr. Fischer stated Mr. Morris is
not cooperating whatsoever, has refused his mail, and that he will
be served all the papers, including the Non-Compliance letter, the
Findings of Facts and Conclusions of Law from our last meeting,
showing he is definitely not in compliance with the order of the
Board and that all papers will be turned over to the City Attorne~
so the City Attorney can, at such time in the future, apply the
necessary liens to the property and that is where we stand. Mr.
Fischer also added all these papers will probably be delivered by
an Officer, as Mr. Morris has refused any and all mail, even certi-
fied. Mr. Fischer also stated Mr. Morris will be informed, also,
that when he believes he is in compliance, he is to contact us and
we will reinspect the property; if we find it in compliance, we will
so notify the City Attorney to stop the fine as of that date, and
an In Compliance letter will be issued. If he is not in compliance,
this can run a maximum of two years by State Law, Mr. Fischer added,
and it will be a lien on the property.
Discussion and possible action in regard to "Notifications" sent to
Vlclatcrs. Mr. DiLeva explained to the Board the the procedures being
followed when serving these notifications of violation have been
inconsistent. He stated we have been following two procedures;
one, when the white slip is stamped by the post office, we have
been using that as the date of notification and (2) we have also
been using the date respondent signs the green card, stating he has
received it. Mr. DiLeva continued the main problem is if the re-
spondent knows he is going to receive a letter because he is in
violation, he refuses to pick up the letter, perhaps changing his
mind in five days - this is actually giving him six more "grace"
days. Mr. DiLeva said his main problem is if it is legal when the
man has never been notified, perhaps because he is on vacation, so
what is the legal date as to when he has been notified? Mrs. Kane
said when she first started on this Board, it was the City of
Edgewater, or whoever's job it was, to notify the respondent; she
stated we can't help it if they didn't pick it up. She continued
that if they state they were on vacation, they can appear before the
Board and explain this fact, and the Board can then make exceptions,
but if they are refusing to pick it up because they know they are in
violation, then we should say it started from the day the Board
mailed it out. Quite a discussion followed as to which procedure
is legal and Mrs. Ciccarello then moved we turn this problem over
to the City Attorney for legaladvice~ seconded by Roberta Moses.
The motion CARRIED 6-0.
Mr. Williams then announced to the Board that Mr. Vince Turano
had resigned and there would now be a consideration of a new member.
Mrs. Kane suggested Ella Ledger-Adle as a possible new member and
Mr. Williams suggested Mr. David Hilldale. The Board also received
from the secretary copies of a letter from Janice McGhee, submitted
to the Board by Mrs. Martinez, City Clerk/Administrator. After
discussion, the Board voted Ella Ledger-Adle first choice and
Janice McGhee as second choice, Mr. Hilldale having asked to be
dropped from the voting. The secretary was then instructed to
present these choices to the Council.
-2-
~Citizen Code Enforcement
Board Minutes - 1/29/87
r
Q
o
The Board then requested the secretary write a letter to
Mr. Vince Turano thanking him for his service to the
Board and wishing him well in his next endeaver.
Mr. Williams then announced we must elect a new Vice Chairman,
and after nominations were closed, the Board unanimously elected
Mary Ciccarello as the new Vice Chairman, moved by Mrs. Moses and
seconded by Mrs. Cucanich. Motion CARRIED 6-0.
There being no further business, Mrs. Kane moved the meeting be
adjourned, seconded by Mrs. Ciccarello. The meeting then adjourned
at 7:40 p.m.
Minutes submitted by
Dorothy C. Garrity
Citizen Code Enforcement
Board Minutes of January 29,
1987.
-3-