12-18-1986
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
December 18, 1986 7:00 p.m.
Conference Room
MINUTES
CALLED TO-ORDER/ROLL CALL
The Chairman, Phillip Williams, called the meeting to order in
the Conference Room of the City Hall of Edgewater at 7:00 p.m.
Members present were: Mary Ciccarello, Vince Turano, Delores
Cucanich and Phillip Williams. Roberta Moses and Paul Biggerstaff
~lQQg~witb~LQislX~pe~t:~ere~ex9us~d. Alo present were: C. B. Clark,
Councilman Prater, Mr. and Mrs. Morris, Mrs. Adkins and several
interested citizens. Beth Weilenman, reporter, was also present.
APPROVAL OF MINUTES
The Chairman, Mr. Will~~~e' , called for approval of the minutes of
the September 25, 1986 meeting. Mrs. Cucanich moved the minutes be
accepted, seconded by Mrs. Ciccarello. Motion CARRIED 4-0.
The Chairman then called the attention of the Board to the first
item on the agenda, which was under Old Business, but Mr. Pat Di Leva
asked to move to two cases under New Business which he could dispose
of and the Chairman gDanted his request.
86-CC-46 - MRS. MARY MANCUSO - 458 Palmetto Street - Neglected
premises. Mr. Di Leva stated this lady has painted the house and
she is now in compliance and the secretary was instructed to notify
Mrs. Mancuso by letter.
86-CC-48 - JUANITA D. ADKINS - Accumulation of Trash. - Mr. Di Leva
&ated he had inspected this property just at 6:30 this evening and
Mrs. Adkins is now in compliance. The secretary will send her an
"In Compliance" letter, also.
OLD BUSINESS
86-CC-42 - WALLY RACE - pine Tree Drive - Accumulation of Trash, etc.
The Board now returned to "Old Business", concerning Hr. Wally Race.
Mr. Di Leva spoke of this case, recapitualing the events which have
occurred, informing the Board Mr. Race was instructed to have this
property cleared by Sunday, November 23, 1986 or a fine would commence
in the amount of $15.00 per day on Monday, November 24trh. Mr. Di Leva
explainedthe property was not in compliance, but on Tuesday, it was,
which means Mr. Race was not in compliance for a period of just one
day. Mr. Di Leva also explained Mr. Race no longer lives at that
address and that his new address is 535 North Dixie Freeway, New
Smyrna Beach. Mr. Turano stated he believes this case is o.k. and
moved the case is in compliance, but Mrs. Ciccarello said whether
he is or not, a fine should'be levied for the day or days he was not
in compliance. Mr. Williams reminded the Board that Mr. Race no longer
has property that could be liened and Hr. Turano said he would with-
draw his motion. Mr. Cicarello asked if we could fine him for those
two non-consecutive days, and after further discussion, the Board
decided he was not in compliance for just one day. Mrs. Ciccarello
then moved Mr. Race be fined $15.00 for the one day he was not in
compliance, seconded by Mrs. Cucanich. Motion CARRIED 4-0.
86-CC-47 - FRANK MORRIS - 1814 Evergreen Drive - Non Conformance of
Codes. Mr. Fischer gave a brief history of this case, which has been
before the Board previously. Mr. Fischer stated the construction
Mr. Morris had started was not permitted, that he needed a permit if
he was going to increase the size of the originally planned "tree
house". In December, Mr. Fischer observed a tin roof being added
and the building permit was not given. He further states a stop-
work order was issued December 3, 1986 by registered letter, and
Mr. Fischer read to the Board the contents of the letter sent to
Mr. Morris, which contained instructions for removing the roof
within ten days. On December 11 Mr. Morris came in with drawings
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and after reviewing them, Mr. Fischer added stipulations to be
met. A subpoena was issued to assure Mr. Morris come into
compliance and just today Mr. Fischer and Mr. Di Leva inspected the
structure. Pictures were passed around to the Board which were
taken by Mr. Di Leva, showing Mr. Morris was still not in compliance.
Mr. Wiliams then asked Mr. Fischer if he hadn't talked with Mr. Morris
in October and Mr. Fischer replied Ia>t.e October or November. Mr.
Williams then asked Mr. Morris if he would like to speak. Mr. Morris
explained to the Board what he has done to date, including having ~
plans drawn. He went on to ask for a continuance of one month to ~
be brought into compliance as he thinks he could then solve this
problem. Mr. Williams asked if this construction was still in the
tree (originally planned for a tree house for the children) and
Mr. Fischer answered it is about four feet from the ground. Mr. Clark,
a neighbor of Mr. Morris's, asked if he could speak at this time, and
Mr. Williams had him sworn in by Mr. Di Leva. Mr. Clark. then stated
he would like to ask what kind of code enforcement we have which__
allows so many exceptions, and went on to describe, what, in his
opinion, these exceptions were. Mr. Clark also passed around to
the Board pictures showing the buildings in question of Mr. Morris's
backyard. Mr. Clark stated Mr. Morris has done nothing since December
3rd and is depreciating the 'neighborhood and causing agitation. Quite
a heated discussion followed, with Mr. Morris saying he is willing to
do everything according to the Code; that this is a bad season, and
all he is requesting is one month more. Mr. Williams then asked how
long this has been going on and Mr. Fischer said early in November
the problem was the accumulation of trash, etc., and now he needs to
meet the stipulations on the list Mr. Fischer had drawn. Mrs.
Ciccarello asked if Mr. Morris was told.to remove the roof and Mr.
Fischer answered yes, it did not meet the wind criteria. A discussion
then ensued as to the types of building materials Mr. Morris had used
and Mrs. Ciccarello asked if it is completed out of the materials Mr.
Morris is using now, will he be in conformity with the surroundings.
Mr. Fischer said if Mr. Morris uses those materials, no, he will not
be in compliance. After a discussion among the Board members, Mr.
Williams said it is not the Board's decision to say if it will look
like junk or will look nice until he starts to build it, and if he
doesn't build it right, it will be up tofue Code Officers.
Mrs. Ciccarello asked Mr. Fischer if he is recommending the roof be
taken off in order to be redone in ~ompliance with the building permit,
and Mr. Fischer stated his recommendation would be that the roof be
removed and if reconstructed, to comply with all the permit stip-
ulations. Mrs. Cucanich then added he has a building permit so we
must give him the thirty days, to which Mr. Morris replied he has a
permit, he has building plans, and if it is not up to Code, then he
will have to tear it down. Mr. Williams brought out the fact that
Mr. Morris has completely disregarded what he was told to do. Mr.
Fischer added he was told to stop construction back in November and
the Board agreed at this point that he/~Ct in compliance. Several
motions were made and after discussion withdrawn, until Mrs. Ciccarello
moved the roof be removed and be reconstructed in a manner as set
forth in that permit, to have headers, have trusses made that are
uniform, to have a roof decking put on and a common roof covering,
with a further stipulation that the roof be removed within ten (10)
days or a fine of $15.00 per day will prevail December 30,.; - .~,-
1986. Mrs. Cucanich seconded this motion and the motion CARRIED
4-0.
The secretary announced the minutes of the November 20th meeting had
not been approved and it was discovered a quorum was not present and
the minutes held over for approval until'the next meeting. -.
There being no further business, Mrs. Ciccarello moved the meeting
be adjourned, seconded by Mr. Turano. The meeting then adjourned
at 8:10 p.m.
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Minutes submitted by
Dorothy C. Garrity
Citizen Code Enforcement Board
Minutes of December 18, 1986
Meeting.