04-24-1986
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
April 24, 1986 7:00 p.m.
Comnuni ty Center
MINUI'ES
The Chairman, I-tr. Williams, called the meeting to order at 7:00 p.m.
in the Comnuni ty Center of Edgewater.
ROLL CALL
HeIT1bers present were: Lois Kane, IVary Ciccarello, Delores CUcanich., Paul
Biggerstaff and Phillip Williams. Roberta Moses and Vince Turano were absent.
Also present were: Dennis Fischer, Building Official/Code Enforcernent
Officer; David Jones, Assistant Code Enforcement Officer; Pat DiLeva,
Assistant Code Enforcement Officer; Ivrr. C. E. Clark; Mr. James Wagner;
IVrr. Joseph Kopec;' and several interested citizens.
Mr. Williams asked if anyone here was going to speak this evening, and IVrr.
C.E. Clark stated he was here to represent his neigh}:x)rhood. Mr. Williams
asked him to what case this pertained and t-'li. DiLeva then said he would
speak and explained the background of the case to the Board which resulted
in a IVrr. Frank Morris being in compliance and not: having to be subpoenaed.
Mr. Williams told Mr. Clark this case could not be discussed any further
as we had nothing before the Board, since Mr. Horris was in compliance.
Mr. Fischer then suggested Mr. Clark be nade aware of his right to write to
the Bo~d and/ or City Council. Mr. Clark then asked if he could ask
one rrore question and asked about fence heighths, naterial used, etc. Mr .
Fischer stated we do not have a fence law, per se, but there is a revision
coming before the Planning Board and an ordinance change in two readings
before City Council. f>'lr. Fischer advised Mr. Clark to attend that meeting
where he can be heard.
OID BUSINESS
Bernard Perzan - 86-<:C-7A, Electrical violations
Mr. Williams asked for any cormnents on this case and Mr. Fischer stated Mr.
Jones was to reinspect this property but Mr. Jones is now in the hospital.
Mr. Fischer also stated he knows some of the conditions have been met, but
because of the absence of Mr. Jones, it might be better to have Mr. Perzan
report at the next meeting. Mrs. Kane then reroarked we had sent Mr .Perzan
a letter to appear this evening and he is not here. Mr. Fischer said to make
a record of the fact that he did not appear, but without the appearance of
Mr. Jones he suggested it be discussed at the next meeting. Mr. Biggerstaff
rroved we table this matter until Mr. Jones returns, seconded by Mrs.
Ciccarello. Motion CARRIED 5-0.
Mr. Williams then announced we had not approved the minutes of March 27th.
Mrs. Ciccarello rroved the minutes be accepted, seconded by t-'rrs. Kane.
Motion CARRIED 4-0, Mr. Williams not attending the last meeting.
Paul Rasmussen - 86-<:C-9, Weeds, No license
Mr. Williams read the particulars of the case and stated the police station
called about half an hour ago and said Mr. Rasmussen could not appear as he
was sick. Mr. DiLeva then reported Mr. Rasmussen had rerroved the car but
the trash is still there. He added that Mr. Rassmussen' s brother had asked
him to give t-tr. Rasmussen another extension. Mr. DiLeva told the brother he
did not have the authority, but a half hour later the dispatcher called Mr. DiLeva
to say Mr. Williams had given Mr. Rasmussen an extension; Mr. Williams also
told Mr. Rasmussen to call f>'lr. Jones the first thing in the rrorning. Mr. DiLeva
then told Mr. Rasmussen he was to call Mr. Jones the first thing in the a.m.
and that is the case to date. The Board discussed the fact that Mr. Rasmussen
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was in a wheel chair and Mr. DiLeva stated he is real 1 y disabled. Mr,
Williams then stated the Attorney suggested to the Board that a ten day
extension being given does not bring any reaction and that from now on, we
are to ai ve thirty days; as for instance, Mr. Rasmussen is not in canpliance
so we gl ve him thirty days to be in compliance, by the next meeting, and if
he is not, he will be fined from that day on. Mr. Di.Leva asked if he is
not in ccrnpliance, does he automatically get fined or does he appear before
the Board? Mr. Williams stated if he is not in compliance at that meeting,
he will be fined. Mrs. Ciccarello then said we do not state thirty days,
but by the next meeting date. A further discussion followed as to why
Mr. Rasmussen can't seem to get this cleared, and Mr. Di.Leva said he has
people to help him. Mrs. Ciccarello then moved we give Mr. Rasmussen until
the next meeting date, with a very strongly worded letter that if, at that time,
everything has not been taken care of to the Code Enforcement Officer's
satisfaction, that a fine will be levied, not may be, at that meeting. The
motion was seconded by Mrs. Kane and CARRIED 5-0.
Volusia Truss - 85-CC-19, Weeds, Debris, Ltm1ber, etc.
Mr. Di.Leva stated Volusia Truss was nON in canpliance, when he was interrupted
by a member of the audience asking if he could leave now, and Mr. Williams
asked his name and he stated he was Mr. Kopec and rushed to get here and no
one seems to care. Mr. Williams explained we had not come to his case as yet,
and Mr. Kopec said what would it matter, as Mr. Jones, the Fire Inspector,
was not here. ~1r. Williams stated that if Mr. Kopec wanted to speak the
secretary would swear him in, which was done. . The Board then went on to
the case of Pappy's Place which did not appear on the Agenda as Mr. Kopec
was not subpoenaed until after the agenda was closed. The secretary stated
Mr. Jones had written a letter to the Board knowing he would not be here, and
Mr. Kopec asked the secretary to read the letter, which she did, adding the
Board had a copy of all correspondence sent to Mr. Kopec. Mr. Williams then
asked if Mr. Fischer was aware of this situation and Mr. Fischer stated he was
aware of the overall situation but not the particulars, and suggested the Board
table this matter for next meeting I s agenda, with a reinspection by Mr. Jones
to report at that time. Mr. Williams then asked Mr. Kopec if he was aware
of what has to be done and Mr. Kopec stated he was, but he believes this was
handled in a very unprofessional way. Mr. Williams said the Board was sorry,
and would table this matter until the next meeting. The Board then discussed
the fact that r.1r. Kopec was just subpoenaed yesterday and that is why he is so
upset. Mrs. Ciccarello moved this case be tabled until the next meeting,
seconded by Mr. Biggerstaff. Motion CARRIED 5-0.
Mr. Williams then asked the secretary to send a letter to Mr. Kopec, apologizing
for the inconvenience to appear and that he was not notified Mr. Jones would not
be here. Mr. Fischer then stated no subpoenas should go out after the agenda has
closed, and the Board stated they thought this was the rule. Mr. Williams said
we would continue to go by that rule.
Mr. Williams announced the Board would now return to Volusia Truss. Mr. Di.Leva
stated he and Mr. Jones had reinspected the property and Volusia is now in
compliance. The secretary was asked to send a letter of compliance and stated
that had already been done.
Jim Wagner - 86-CC-ll - Junk car, no license
Mr. ~\I'illiams asked the secretary to swear in Mr. Wagner, which was done. Mr .
Wagner stated he had nowrerroved the car but objected to the wording "junk car",
as it was not a junk car; it could start, it has all its tires, its lights, and
could pass inspection if we had one. He stated he took it to a body shop
tonight where it will be painted and sold. Secondly, he stated he was brought
before this Board for "no license plates" and nowhere in the summons does it
state he could be subpoenaed for no license plate. Quite a discussion followed
on this subject with Mr. Wagner still saying "no license plate" is not in the
ordinance, and that the v.urds "junk car" should be defined more thoroughly.
Mr. DiLeva pointed out it says junk car or discarded which could be a brand new
car, but without a license, and without a license it is in violation. Mr .
Williams then stated, after more discussion, that Mr. Wagner is in compliance
and would receive an "In Compliance" form.
Citizen Code Enforcement Board
Minutes of April 24, 1986 Meeting
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Joseph Ventiniglia, 86-CC-12, Four lots, grass over two feet high.
Mr. DiLeva infonned the Board he had written the usual letter to these
people, who live in New York, and as yet have not received a reply. He
stated he would like to write another letter and Mrs. Ciccarello rroved
we table this matter until the next meeting, giving Mr. DiLeva a chance
to send a personal letter, seconded by Mr. Biggerstaff. Motion CARRIED 5-0.
C.A.R. Enterprises, Inc. 86-CC-17, Canopy erected without pennit; Site Plan
Change never filed.
Mr. Williams stated he had passed this place of business but did not know
the footage. Mr. Fischer said it was erected without a pennit, was observed,
and Mr. Fischer gave them the option of either taking it down or applying
for a Variance, because it is 45 feet from the property line and we require
40 feet front set back on structures and he is in violation of nine feet.
Mr. Fischer gave him an application for a Variance, or to take it down. Mr.
Conley, the owner, opted to apply for a Variance. He was slow in applying
and no application was in the office at the time the subpoena was written,
April 15, and shortly thereafter he brought in all the information to apply
for a Variance. So at present, Nr. Fischer continued, he has applied to
the Board of Adjusbnents, and if he is denied, he would reappear before this
Board for a derrolition order. Personally, Mr. Fischer stated, he would table
this until the outcome before the Board of Adjusbnents. Mrs. Kane then rroved
this matter be tabled until our next meeting, seconded by Mrs. Ciccarello.
Notion CARRIED 5-0.
Ross Kotakes - 86-CC-15, Failure to file revised site plan; failure to notify
Building Inspector carports had been enclosed.
Mr. Williams stated he had received a copy of a letter hand delivered and
asked what happened here. Mr. Fischer stated the Board probably has a copy
of that letter before them, explaining Mr. Kotakes needs more time. Mr.
Fischer then briefed the Board with a synopsis of the background, stating
that back in October of 1985 Mr. Kotakes came in and asked for a license
for a car cleaning business in his building on u.S. 1, thinking he could
walk out and start working. Mr. Fischer advised him in Edgewater he must
have an occupational license; he must have a pennit; he must have site plan
approval, along with storm water manage.rnent, etc. He applied in October for
a site plan for auto detailing and two canopies , awnings, for his address
on 118 North Ridgewood. He also applied for a C.O.Z. for his auto detailing
business. Mr. Fischer then continued that his application was granted October
16, and that the next day Mr. .Jones went up to file a fire report on the
building as to what needed to be done, and on October 24th, the Engineer
approved the storm water management program and on October 30th Mr. Fischer
issued a building pennit, 7350, to put up two carports, and canopies, on
this site; that by January, three rronths later, January 13th, inspection of
the property found the canopies erected as they were in the site plan, and
in addition to that Mr. Fischer found three walls of 2x4 plywood around the
outside. The site plan Mr. Fischer had did not show any enclosures, and Mr.
Fischer informed Mr. Kotake~ that if he wished to enclose these he would have
to resutrnit an application to the Planning and Zoning Board for enclosures.
Mr. Fischer stated he sent !vIr. Kotakes a letter to that effect with application
for site plan review and cut off dates. Mr. Fischer"stated' on January 26th he
received a letter from Mr. Kotakes in plea of his situation stating he had a
prospective buyer for the property, at which tirre Mr. Fischer informed the
Planning Board who, four days later , sent Mr. Kotakes another letter listing
the next meet'ing date. Mr. Fischer went on to state that Mr. Kotakes missed
the next four meetings and now, at the last minute, his attorney is running
in here asking for rrore time. Mr. Fischer stated that from October 30th, 1985
is enough time and suggested the Board table this {with his regret} until the
next meeting, and that he had a packet for Attorney Judson Woods which he will
be forwarding to him with all information regarding this case.
Mrs. Kane then asked how At:torney Alvarez gets to make the decision that we are
going to continue it, without coming to the Board and asking? How can he make
those decisions and not this Board? Why doesn't he handle all of the cases,
why are we here? Did he discuss this with you Mr. Fischer at all? Mr.
Fischer said yes, late today, when Attorney Alvarez handed the letter to him;
he basically said to find out if the Attorney representing Kotakes
Citizen Code Enforcement Board
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is going to be present, and that Mr. Fischer was unable to contact him and
asked his secretary to do so. But, Ivlr. Fischer continued, there was no further
contact between either party until a letter from Attorney Woods was hand
delivered, and that there were no real instructions on Attorney Alvarez I s part
at all, as far as suggesting this be tabled. r-1rs. Ciccarello then stated that
in the letter it refers to Attorney Alvarez agreeing to continue this matter.
Mr. Fischer said that Attorney Alvarez is the Attorney for the City, the
Council and the Board, but Mr. Fischer himself would question why the
resfXlndent was not here. Mr. Williams then asked the Board for their decision,
and Mrs. Ciccarello stated we have no choice since the Attorney said he agrees
to continue this, and suggested the Board have a discussion with Attorney Alvarez
as to where the line is to be drawn if he is to make decisions on these cases.
Mr. Fischer then requested we table this until the next meeting. Mr. Biggerstaff
then rroved we table the Kotakes case until the next meeting, seconded by Mrs.
CUcanich. Motion CARRIED 5-0.
Mr. Williams then asked if the next three cases under Miscellaneous were to be
discussed, as he sees they are in compliance, and the secretary said no, this
is for the Board's information, as sorre members have previously asked whatever
happened to some cases, and it was decided to list them under Miscellaneous.
Mr. Williams asked if there were rrore comment,s and Mrs. Kane stated she still
did not approve of the attorneys I making the decision for us and Mr. Fischer
said it should not be automatic because attorneys agree. Iv'rrs. Ciccarello
then stated that when she picked up her packet the secretary and she discussed
the business of not being able to fine a renter, that you had to fine the owner,
or whatever, and Mrs. Ciccarello asked if there was anything we could do about
Volusia Truss. She stated they are in compliance, but is it out of our hands,
are we to pursue International Truss? Mr. Fischer stated this is a case to
bring up at the rneeting with Attorney Alvarez, as the question still rerrains
as to whether there is still rroney owed, and to whom, and it should be
reviewed by Attorney Alvarez. Mrs. Ciccarello said the owner ended up
clearing the property at his own expense and the secretary said Mr. Cintron called
her and said he would be at the meeting. Mr. Fischer added that the owner, a
Mr. Cintron from Orrrond Beach, was afraid it would be a lien attached to his
property and in a very, very short time had the job taken care of. Quite a
discussion followed concerning this problem of owner/ tenant. Mr. Fischer
and Mr. DiLeva informed the Board of the many, many cases the Board never
gets to hear, as the people, after being contacted by Code Enforcement Officers,
go ahead and clean up their property, thus being in compliance and not having to
be subfXlenaed.
A brief discussion followed as to Section 604 being rrore defined, as right now
it is a matter of interpretation. Mrs. Kane stated we used to have a lot of
"junk car" cases and one person had objected to his car being called "junk"
and perhaps we should be calling them "abandoned" or "discarded" cars. Mr .
DiLeva stated he would type a merro to the Police Department. Mr. Fischer also
stated that we have no parking ordinance, no parking tickets in this City;
that this City is without a parking violation; and that in essence, we have
no jurisdiction whatsoever on vehicles parked on streets. The Board, after
some discussion, agreed the City does need a parking ordinance of sorre kind. Mr.
Fischer stated the.'fXllice are aware of this and said they would need four or~: fi;ve
rrore fXllicemen to handle this.
There being no further business, Iv'rr. Biggerstaff rroved the meeting be adjourned,
seconded by Mrs. CUcanich. The meeting then adjourned at 8:14 p.m.
Minutes submitted by
Dorothy C. Garrity
Citizen Code Enforcement Board
Minutes of 4/24/86 Meeting.
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