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09-25-1986 o o tP~~ /'i CITY OF EDGE.WATER CITIZEN CODE ENFORCEMENT BOARD September 25, 1986 7:00 p.m. Shuffleboard Building I . . MINUIES The Vice Chainnan, Vince Turano, called the meeting to order at 7:00 in the Shuffleboard Building of the C~ty of Edgewater. ,~ ROLL CALIi~: Nerrbers present werE-Vince Turano, Vice Chainnan, Lois Kane, Mary Ciccarello, Delores Cucanich, Roberta Moses. Excused were Paul Biggerstaff and Phillip Williams. Also present were: Dennis Fischer, Building Official, Pat Di Leva, Assistant Code Enforcement Officer, Mrs. Reba Peterson, Mr. Willis Jenkins, Mr. and Mrs. Frank Morris, Ms. Allman, Mr. C. E. Clark, and several interested citizens. . I APPROVAL OF MINUIES Mr. Turano asked for any cornnents on the minutes of August 28, 1986. Mrs. Ciccarello rroved the minutes be accepted, seconded by Mrs. Cucanich. Motion CARRIED 4-0, Mrs. Kane being absent at the last meeting and not voting. There was. no OID BUSINESS'. NEW BUSINESS 86-CC- 32-A - Dan T. Rush\\Orth - Expired License - Mr. Di Leva, Assistant Code Enforcement Officer, informed the Board Mr. Rush\\Orth had came into canpliance and the secretary stated Mr. Rushworth had been sent a . .letter of canpliance, and also informing him he did not have to appear at this meeting. 86-CC-33-A - Peterson, Reba - T\\O (2) Expired Licenses - Mr. Di Leva informed the :-:, Board Mrs. Peterson had been issued a citation on August 20, 1986; the cars were rechecked September 8, 1986 and were still not in canpliance. Mr. Turano asked if Mr. Di Leva had checked today and Mr. Di Leva said he checks after ten days. Mrs. Kane asked if this was changed as she thought it was checked just prior to the meeting and Mr. Di Leva answered he cannot keep going back; they are subpoenaed by an officer and must then appear before the Board. A discussion followed between the Board and Mr. Di Leva as to the difficulty incurred since the number of canplaints have been multiplying; that he does go back after the tenth day; that if they are in canpliance, the are to notify the Code Officer, as is stated inithe subpoena. Mrs. Cucanich suggested we send a letter via police with a set fine. The Board approved of this and Mrs. Ciccarello rroved that a letter be sent to Mrs. Peterson via a police officer, stating that upon receipt of the letter, a fine of $10.00 per day will be in effect until such time as the Code Officer is notified she is in compliance. Motion was seconded by Mrs. Cucanich and CARRIED 5-0. 86-CC-35 - Willis Jenkins - (B.J. 'sMerchandise) - OUtside display of Merchandise Mr. Jenkins was sworn in by the secretary. Mr. Di Leva explained to the Board that Mr. Jenkins is being brought before the Board for outside display of merchandise which is prohibited under Section 606.02 of the City Code of Ordinances without a Special Exception. Mr. Di Leva informed Mr. Jenkins he would have to apply for a Special Exception, but until and if he is granted a Special Exception, there can be no outside display of merchandise. Mr. Jenkins stated to t-Ir. Di Leva that he had applied for a license, but Mr. Di Leva explained that on the license it stated "no outside display". The Board studied the license issued to Mr. Jenkins and Mr. Jenkins said he had now applied for a Special Exception but was never notified to appear at the hearing and his case was tabled. Mr. Jenkins also said he has a video tape of the entire neighborh0cx3. wTIC are also in violation, but Mr. Di Leva reminded the Board we are working on just one case, B.J. IS, and the Chainnan . answeres yes, we are. Mr. Di Leva also explained the steps he had taken, Mr. Jenkins receiving the ten day notice on September 4th and Mr. Di Leva reinspecting on September 14th. After discussion of Mr. Jenkins' application for a Special Exception, Mrs. Ciccarello rroved we send a letter to Mr. Jenkins stating he has to follovl the letter of the law by not displaying outside merchandise, seconded by Mrs. Kane and CARRIED 5-0. 1- o o 86-CC-36 - Frank Morris - Accumulation of Trash - Mr. Frank Morris was sworn in by the secretary. Mr. Di Leva stated Mr. Morris is violating Section 1044 - Trash - of the City Code of Ordinances, and that he had sent a letter of complaint on the 2nd and went back ten days later; Mr. Morris was not at home and Mrs. . Morris asked Mr. Di Leva to corre back when Mr. Morris is home. Mr. Di. Leva received a call the next day from Mr. Morris, saying he was ready for Mr. Di Leva to carre down. Mr. Di Leva had his supervisor, Mr. Dennis Fischer, accompany him to inspect the area. Mr. Morris told Mr. Di Leva he was in compliance, but in Mr. Di Leva I s opinion, he was not. Mr . Di Leva then displayed pictures taken at Mr. Morris I home and stated he had then told Mr. Morris he would have to appear before the Board. Mr. Di Leva also went on to explain this is the second tine he had cited Mr. Morris; that the first tine he was in compliance within nine days and this time, Mr. Di Leva believes, he is not in compliance. Mr. Morris then stated that rrost of the things are no longer there; he is building a shed and the rraterials are now in the shed. He also went into a thorough discussion of what he has done, explaining again he is building a wooden shed. Mrs. Cic::rarello asked when the shed will be finished and Mr. Morris answered about six rronths. Mr. Morris also stated he believes he has been harrassed by a neighbor who seems to want to peer inside his six foot fence, but Mr. Morris believes what is behind his fence is his own business. He went on to every item in the pictures, explaining what has happened to each item shown. Mr.. Morris stated he had asked why he was out of compliance and believes he didn It receive a good explanation of what "trash" really is and asked the Board if they could come....: to his house and was told by the Board that is not their job, it is the job of the Code Enforcement Officer. Quite a heated discussion followed by Mr. Morris with the Board asking for a plausible date for completion of the shed. Mr. Morris stated he has been in the hospital but should be cleared away in about six rronths. Mr. C. E. Clark, a neighbor, was given permission to speak and "-taS sworn in. Mr . Turano cautioned Mr. Clark there was to be no arguing to which Mr. Clark agreed. Mr. Clark stated he doesn I t have to look into his back yard, as was implied by Mr. Morris, that it is not necessary; he can see junk between his own house and the fence of Mr. Morris IS, which he believes creates a health hazard and depreciates the neighborhood. Mr. Clark also stated Mr. Morris is the only one in the neighborhood who does not keep his home up. An exchange of angry words caused Mr. Turano to remind Mr. Clark he is getting away from the subject. Mr. Clark continued there are piles of junk and the grass is overgrown. Mr. Morris still insisted he wanted to know why he was out of compliance, as he has cut the grass, has a shed and club- house, and will put everything in the shed when it is completed. He also stated he has a building permit; he has building materials in his yard; he has two utility trailers there; he has the children I s clubhouse there, where things are stored on top, which will be put in the shed when it is completed. Mr. Clark stated the shed was put up without a footing, on blocks, and looks like "something else". Mrs. Moses then rroved we give the man six rronths as he has requested, since he has not been able to do anything because of his surgery, :but Mr. Di Leva reminded the Board they cannot supersede the book and Mr. Turano suggested the rrotion be struck. Mrs. Kane stated she believes Mr. Di Leva is the eyes and ears of the Board and the Board must rely on his facts. Mr.' Turano then said Mr. Morris does have a penni t to build a shed, but the City should not have to wait that long for it to be completed, and Mrs. Ciccarello stated the yard could still be kept in good condition. Mr. Turano reminded the Board there is an ordinance being broken and it should be decided what is trash and what is not and get the place cleaned up and leave it to Mr. Di Leva to decide what is building material and what is not. Mr. Turano explained to Mr. Morris the. Board is being extremely lenient. Mrs. Ciccarello then rroved Mr. Morris be given fifteen days to get the grass cut, ~store materials, etc. and at the end of the fifteen days, Mr. Di Leva is to inspect the area and bring Mr. Morris before the Board again or find him in compliance. Motion was seconded by Mrs. Kane and CARRIED 5-0. 86-CC-37 - Allman - No License tage - Mrs. Allman was sworn in by the secretary and Mr. Di Leva then stated Officer Turner cited this car for not having a license plate on September 3, 1986 and Mr. Di Leva reinspected it September 15, 1986 and it still did not have a license plate, so he had Mrs. Allman subpoenaed. Mr. Di Leva drove by there again today and it still does not have a current license plate. Mrs. Allman stated it has a plate but not current, and if it were current she muld not afford the insurance. Mr. Turano explained it has to be current or parked in a garage. -2- Citizen Code Enforcerrent Board - Minutes of September 25, 1986 Meeting o o The Board discussed the matter and Mrs. Kane rroved Mrs. Allman put the car in the garage by Monday, and if Mr. Di Leva goes by and it is out of the garage, there will be a fine. Motion was seconded by Mrs. Cucanich and CARRIED 5-0. 86-CC-38 - Soldevellq ,Nedardo (Seafood Connection) Cleaning Hood - Mr. Dennis~ Fischer, Building Inspector, spoke for Mr. David Jones, Fire Safety Inspector who is on vacation and stated Mr. Soldevella has cleaned the premises and is now in canpliance. 86-CC-39 - Workman, George (Club 319) - Electrical Violations - Mr. Fischer again spoke for Mr. Jones and stated Mr. Jones had met with Mr. Workman and his electrician who is nCM rroving electrical panels, etc., and has just a few loose ends to cooplete. Mr. Fischer stated Mr. Workman is alrrost in compliance and suggested we table this until the next meeting. Mrs. Ciccarello so moved, seconded by Mrs. Kane, and the rrotion CARRIED 5-0. There being no further business, Mrs. Ciccarello mo..ed the meeting be adjourned, seconded by Mrs. Kane. Motion CARRIED 5-0, and the meeting adjourned at 8:07 p.m. Minutes sul:Initted by Dorothy C. Garrity, Secretary Citizen Code Enforcement Board - Minutes of September 25, 1986 Meeting -3-