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05-29-1986 io)' Q Q CITY OF EDGE.WA'IER CITIZEN CODE ENFORCEMENT BOARD May 29, 1986 7:00 p.m. Corrmmity Center The Chairman, Mr. Phillip Williams, called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL The members present were: Roberta Moses, Lois Kane, Mary Ciccarello, Delores Cucanich, Vince Turano, Paul Biggerstaff and Phillip Williams. Mr. Williams announced he would like to rrove the meeting to the case of Pappy's Place, 86--CC-18, Mr. Joseph Kopec, electrical violations. Mr. Kopec was sworn in by the secretary and Mr. Fischer then explained the letter of May 13 from the Fire Safety Inspector, David Jones, to Mr. Kopec, concerning 1090 South Ridgewood Avenue in Edgev.!ater. He added the letter really refers back to a March 13th letter, stating the fire safety inspection had been completed March 11th, and listed all the violations to be attended to that had not been corrected as of May 13th, 1986. Mr. Fischer continued the case was given to the Code Enforcement Board on April 22, and on Monday, the 21st of April, Mr. Fischer reinspected Pappy's Place and .found many electrical violations still existed from tl!e March 13th inspection, which really gave Mr. Kopec rrore than thirty days to make the necessary corrections. Mr. Fischer than read from a merro given to the Code Enforcement Board and Building Official from Mr. Jones, as far as listing from the Codes and the Code Sections of the N.F.P.A. the various violations as of April 22nd. He continued another letter was written to Mr. Kopec from the Board dated April 25th, notifying him the case was tabled until another inspection could be done, and that since the last meeting on May 13th, an additional fire inspection was done to the building by Mr. Jones and Mr. Fischer, who found the violations of the March 13th letter still existed. Mr. Fischer then explained he and Mr. Jones asked Mr. Kopec to hire an electrical contractor for the necessary corrections and that it was also necessary to remove the roof sign, prohibited under Ordinance 79-0-25, this information being contained in their letter dated May 13th, 1986. Mr. Williams asked if Mr. Kopec had made some improvements, and Mr. Fischer stated that as of May 13th Nr. Jones and Mr. Fischer did a casual re- inspection and a lot of the electrical extensions being used about the bar are still there, and in the kitchen. Mr. Kopec then asked where Mr. Jones was, as Mr. Kopec had traveled 1200 miles to be here and see Mr. Jones. Mr. Fischer answered that he is Mr. Jones's supervisor and had just finished another electrical inspection, to which Mr. Kopec replied he did not think Mr. Fischer was qualified. Mr. Fischer replied he is a Building Official of the City and also a Certified Building Inspector for the State, that he is not a fire marshall. Mr. Kopec stated he has constantly been harassed and Mr. Williams answered that we are not a jury; all we are saying is you are out of Code and our job is to get you into Code; it is not our job to say you are right or \vrong; we go strictly by the Code. Mr. Kopec continued with all the violations existing on U. S. 1, that Mr. Jones has not talked with him, that the Board is taking Mr. Jones's. and Mr. Fischer's word. Mr. Kopec said he was subPOenaed without cause and Mr. Williams stated you have now had thirty days rrore. Mr. Kopec then asked how many of the charges he has not brought into compliance and Mr. Fischer said he has not done any of them. Mr. williams then asked the Board if they had any questions and Mr. Turano asked Mr. Kopec how w.any of his violations he has corrected and Mr. Kopec listed the roof and plug lights were dis- connected and put out of cornnission; the light in the hall near the hot water heater was disconnected; the receptacles for the panel bracket were also secured, all done before May 13th, before he was subpoenaed. The rear and ~ o o side yards have been cleaned up, he continued; the refrigerator belongs to the tenant, Mr. John Gibson, and it has been rerroved. Mr. Turano then asked Mr. Kopec if he had the list of violations in front of him, to which he replied yes, and the Board continued to discuss each item and what has or has not been done. r-tr. Fischer then stated the corrections to be made and Mr. Williams asked if this is an expensive operation and Mr. Kopec stated this building is old, that he could not go through this, that he cannot possibly bring this up to Codes, and that he especially resented noving his outside lights as they have been there for ten or twenty years. Mr. Fischer replied that just because something has been there does not make it correct, that it must be addressed; that they must be looked at periodically. Mr. Biggerstaff then asked if someone was hurt in this building by electric , cr slippy decks, or whatevex; and they find out the City was aware this was not properly wired, or the deck should have been made unslippy; he could then sue the City for not requiring the owner to bring this building up to Code. Mr. Biggerstaff continued that if this person sued the owner for one million dollars and the owner only had five thousand dollars, the next person in line to be sued would be the City; therefore the city is responsible for the safety of various people who use these places. Mr . Biggerstaff then asked if we couldn't get tog-ether and protect the owners and the City. He continued that when he opened a business some years ago he had to comply with the Code and thinks we are duty bound to try and protect everyone. Mr. Williams then asked the Board for their recornnendations and Mr. Fischer stated Mr. Kopec mentioned several things may be finished, but what needs to be done actually is an aplication for permit must be taken out for electrical VvDrk in the building to supply the proper circuits where extensions are now. Mr. Kopec answered that bringing the building into compliance would cost nore than the building VvDuld be worth. Mr . Kopec went back to the subj ect of illegal signs in the City and Mrs. Ciccarello stated that is just one of the things not in compliance, that Mr. Kopec stated a lot of the violations are just picky and that he was not going to comply. Mr. Kopec replied he did not say he was not going to comply; he stated he was being threatened, was told that when he noves out he will not be able to use it for anYthing; that he is really tired of this hassle. Mrs. Kane asked if signs are grandfathered in and Mr. Fischer said no, when the sign ordinance was passed it gave a period of five years which was up last year, for compliance. He also stated there are probably numerous violations in the City but you have to start some- where, and places of asserobl y tend to be one of the areas that he deems necessary to start. Mr. Fischer also stated there are other facilities similar to this man's up and down Ridgewood Avenue and the corrections have been made, that this situation is just taking a little bit longer than the others have. After further discussion, Mrs. Kane suggested the Board must determine two things, in compliance or not in compliance. Mr . Williams asked the Board their pleasure and !-trs. Ciccarello said she would nove that it is not in compliance and the Board should take some action on it. Mr. Kopec then went into further discussions as to what he has taken care of, that he has taken care of four out of five of the violations. Mr. Turano then noved this case is not in compliance; that another re- inspection .or examination by the Building Official or Mr. Jones be made within fifteen days and that it be brought into compliance by June 26th. Mr. Fischer recorrmended we do the electrical problems now as it might be premature to go into the sign problem. Mrs. Kane then seconded the notion of Mr. Turano, notion CARRIED 7-0. Bernard Perzan, 86-CC-7A Electrical Violations Mr. Fischer spoke in reference to this case and stated it should be John Perzan, also, as John Perzan is the father of Bernard; that John has alrrost completely repaired what should be repaired; that he has just a few things to be done before the Board can say it is in compliance and Citizen Code Enforcement Board Minutes of May 29, 1986 -2- . o o Mr. Fischer carmot issue an In Corrpliance letter. After a brief discussion ~'lrs. Ciccarello IIDVed we table the Perzan case until next meeting, June 26th, and that a reinspection take place at that time to detennine if the property is in compliance. Motion was seconded by Mrs. Moses and CARRIED 7-0. Ross Kotakes, 86-CC-lS - Failure to file revised site plan and failure to notify Building Official After a five minute intermission, the meeting was reconvened and the Kotakes case was brought into discussion by Mr. Williams, who asked Mr. Fischer to bring the Board up to date. Mr. Fischer referred the Board to a merro written by Mr. Fischer to the Board, asking the Board table this case until all evidence can be presented. He further explained that after reviewing this case, he discovered other areas that have not been addressed and suggested this be organized so that a complete case to address all violations at one time can be presented. Mrs. Ciccarello asked i~ Mr. Kotakes' s attorney. has contacted anyoneand'Mr. Fischer stated his attorney had contacted Attorney AI varez and asked for an extension and that in the meantime the attorney has not been supplied with the new violations which have to be addressed. Mrs. Kane IIDved we table this matter until the next meeting, seconded by Mrs. CUcanich. Motion CARRIED 7-0. Ventiniglia, Joseph, 86-CC-86-CC-12, Four lots with grass in excess of two feet high Mr. Williams read from a merro of Mr. DiLeva who had to attend another meeting wherein Mr. DiLeva had sent Mr. Ventiniglia a letter March 11th; that Mr. Ventiniglia signed for the letter; that the property was reinspected April 1, with no reply; that Mr. DiLeva talked with his daughter in New York but as of this date the gentleman has made no effort to cut the weeds and it is Mr. DiLeva' s opinion that we should have the weeds cut. The Board then discussed the various actions they could take to have these weeds cut, and Mrs. Ciccarello IIDVed we contact one of the three outside concerns who do this work, and ask them to clear the lots and bill Mr. Ventiniglia. Mr. Fischer corrected this to read "bill the City". Said IIDtion was then seconded by Mrs. Kane and IIDtion CARRIED 7-0. C.A.R. Enterprises, James Conley, 86-CC-17, Failure to file site plan approval for setback encroachment Mr. Fischer explained this is C.A.R. Enterprises on Guava, and that Mr. Conley was scheduled for a Variance in May but failed to appear at the Board of Adjustment meeting, at which time he was to ask for a Variance to the front setback requirements for the canopy he has erected. He explained this was then tabled until the next Board of Adjustment meeting; that Mr. Conley stated he was never informed to appear, although Mr. Fischer believes he was; that he is now scheduled to appear on the next agenda for the June 12th meeting of the Board of Adjustment. Mr. Fischer stated he explained to Mr. Conley it is necessary he appear at the June 12th meeting, as the outcome of the meeting will determine if he must appear before the Code Board. Mr. Fischer then suggested we table this until Mr. Conley's appearance before the Board of Adjustment. Mrs. CUcanich then IIDVed we table this matter until the next meeting, seconded by Paul Biggerstaff. Motion CARRIED 7-0. Mr. Williams then armounced under miscellaneous the cases were now all in corrpliance. There being no further business, Mrs. Kane IIDved the meeting be adjourned, seconded by Mrs. CUcanich. The meeting adjourned at 8:30 p.m. Minutes subrni tted by Dorothy C. Garrity Citizen Code Enforcement Board Minutes of May 29, 1986 Meeting. -3-