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02-27-1986 ~; 11 (..l g- ~1 CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD February 27, 1986 7:00 p.m. COMMUNITY CENTER CALL TO ORDER The Chairman, Phillip Williams, called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Members present were: Mary Ciccarello, Delores Cucanich, Vince Turano, Paul Biggersta~~, Phillip Williams, Roberta Moses and Lois Kane were excused. Also present were Code Enforcement Officers David Jones and Pat DiLeva; Mrs. Ryta Webber; Mr. William Malone. APPROVAL OF MINUTES Mr. Williams called for approval of the minutes of November 21, 1985. Mrs. Ciccarello moved they be accepted, seconded by Mr. Turano. The motion CARRIED 5-0. Mr. Williams then called for approval of the minutes of January 30,1986,.' and Mrs. Ciccarello had one correction' on page 2, where the words "Miss Piggy's Day School" appeared. It should read "Miss Peggy's Day School". Hrs. Cucanich then moved the minutes be accepted, seconded by Mr. Biggerstaff. The motion CARRIED 5-0. NEW BUSINESS Mr. Williams announced we would proceed to case No. 86-CC-8, Ryta Webber, Accumulation of vegetation and weeds. The secretary then swore in Mrs. Webber, Mr. Malone, David Jones and Pat DiLeva. Mr. Williams then introduced Mr. DiLeva as our new Code Inspector. Mr. Williams announced we would now skip to Ryta Webber, accumulation of vegetation and weeds. Mr. Jones stated he and Mr. DiLeva inspec- ted Mrs. Webber's property on complaints received. He also stated they took pictures when the complaint was received and went back just this day and took another set of pictures. The pictures were then passed around to the Board as before and after pictures. Mr. Jones said he had verbally informed Mrs. Webber of the condition of her property; the weeds, the buildings - it really looked like dog sheds - buildins materials such as old jalousie windows lying around in the rear yard. He also stated the main reason he purpued the matter was not only the unsightly condition, but the fact that if there was ever a fire it would be hard for firemen' to go through there at night to help that one individual who lives in the house by herself. He told the Board that Mrs. Webber complained first about her sister's property containing dead trees; her sister then took care of that. He then went on to say Mrs. Webber then complained about a junk vehicle across the street from her; that has been removed; and he is now trying to get the same cooperation from her as he has had from other individuals. Mrs. Webber then stated that from the pictures, these weeds are not on her property, that it belongs to her neighbor. Mr. Jones stated that her neighbor is the Sugar and Spice Company, and that he has been very cooperative. Mrs. Webber then stated she has her grass cut every two weeks, keeps her property in beautiful shape; that she has civic pride; has served on City Council; on the Planning and Zoning Board; that she resents this kind of treatment. ~, \ \ ~ , r o o Mr. Jones then asked Mrs. Webber if she hadn't gone to the Mayor about this, and she said she hadn't gone to the Mayor, but she had called the Mayor to state she had been harrassed. Quite a discussion followed, with Mr. Jones asking Mrs. Webber if all the objects had been removed from her property and she said yes. Mr. DiLeva then stated he drove past. her property just today a~d more pictures were taken to show before and after, and as of this morning the condition still exists. Mrs. Webber then insisted they go out right now and inspect her property, that she is in compliance. Mr. DiLeva then left to reinspect Mrs. Webber's property in the dark. The meeting then continued with Mrs. Cicarello moving that we table this matter until Mr. DiLeva returns, seconded by Mr. Turano. Motion CARRIED 5-0. OLD BUSINESS Corbett Smith - 85-CC-7-Ten days to comply. Mr. Jones stated he was very happy to report that in just two or three days major accomplishments have been made, and the only thing he is lacking, and he is going to take care of that, is the securing of the block building, and he will be found to be in Compliance. Mrs. Ciccarello then moved we send a letter of compliance to Corbett Smith with the condition of securing the building, seconded by Mr. Turano. Motion CARRIED 5-0. Volusia Truss - 85-CC-19-Thirty days reinspection. Mr. Jones stated he had talked with Volusia Truss several times as to when this would be done, and if nothing is done by March 3rd, which is the thirty days, that we send a letter to him, instructing him that if he is not in compliance, a fine will be imposed for every day the violation occurs. Mrs. Ciccarello stated she goes past this place each day on her way to school and it was two or: three weeks'cb~fore anything moved, anything, although he has made some progress. Mr. Malone, a neighbor, then stated the only thing that has taken place is the trailer has been removed, some usable and salable lumber has been removed, but he has done absolutely nothing. Mr. Jones stated that in his phone conversation with Mr. Grabowski, the owner, just today, Mr. Jones advised him that if this condition exists the Board will fine him, and they will give him just ten~(lO) days to be in compliance. Mrs. Cucanich then ~ated we have already given him thirty days in which to have this done, and Mr. Jones stated yes, she was right, that it is up to the Board if they wish to fine him. Mr. James Malone then stated he lives just 500 or 600 feet from the Truss Plant, and that when he bought the property, and saw them starting to do something, Mr. Malone was told by the Truss Company that they had a six month permit to operate, at which time they had to operate a permanent building. Mr. Malone stated that at the end of the six months they had never picked up their permit, that they have operated a year and have not done a thing; they leased the property, leased a trailer; operated thererover a year with two outside toilets. Mr. Malone also believes the police have made at least ten calls out there; dogs barking, radios playing, but not industrial noise. Mr. Malone stated that based on past perform- ances, he would whole heartedly go along with a very stiff fine. Mr. Jones then stated Volusia Truss has moved, has invested over $lOO,OOOin a building on Dale Street and he was more than willing v to give them thirty days, but now they have salable property and are just leaving. Citizen Code Enforcement Board February 27, 1986 Minutes -2- J,{ ~ o o Mr. Biggerstaff then moved that commencing at midnight, March 4th, 1986, if they have not complied with the original instructions from the Board by removing debris, structures, lumber, etc. , there will be a fine imposed of $250.00 per day. Mr. Jones then stated there is a work table and a shed, that there is no way in this world he would try to make them remove that, but we have to make them remove the debris, the trash, the vegetation, and securing of the yard with a fence, things like that, because that is industrial and they could put another truss plant there;: so the person who owns that might want to come in and sell it with that shed and work table. Mr. Williams then announced we still have a motion on the floor. Quite a di~cussion followed as to the exact wording, and Mr. Biggerstaff stating, since Mr. Jones is aware of what has been done we should include in our instructions what you believe would be to your satisfaction, as you know what is debris and what isn't, what is usable machinery or something that should go with the land; that if it is a company building and something that should go with the land, such as a concrete building that is attached to the land and part of the real estate and not movable, it should be left there when they go. Mr. Biggerstaff also believed anything that is made permanent stays there,-and the people should perform this cleanup to Mr. Jones' satisfaction. Mr. Biggerstaff =sugge~b~d the Board give written specifications and get the job done. A discussion then followed as to what is leased, what is movable, what should remain, etc. Mr. Biggerstaff then withdrew his motion and Mr. Turano moved that all debris should be cleared;any structure that rem~ins must be fenced; any flammable things that could be harmful to people must be removed by Ma~~h 4th~ 1986, midnight, mr a fine of $250.00 per day will prevail. Motion seconded by Mr. BiggersTaff. Motion CARRIED 5-0. Mr. Williams then returned the Board to the case of Mrs. Webber and asked Mr. DiLeva what he had found on reinspection. Mr. DiLeva stated everything that had been in her back yard has now been moved to the front of the house, and Mr. DiLeva also stated Mrs. Webber said she would have someone clean it out for her. Mrs. Webber stated she would start to work on it tomorrow, that she is proud of her home. She stated she would call Mr. Copeland and discuss it with him. She also stated her name has been misspelled several times, and the se~~e~y stated we have the correct spelling of her name now. Mr. Hilliams .' announced Mrs. Webber is now in compliance and asked the secretary to mail her an In Compliance Form. Perry Barrett - 86-CC-4 - Prohibited Sign and Oversize Sign Mr. Williams announced the Board will now discuss this case and asked Mr. Jones to explain what this is all about. Mr. Jones stated he had sent a letter to Mr. Barrett about two sign violations. One he removed that he had on top of a vehicle, which is not permitted by Code; the oversize sign still exists, which is 96 square feet, an oversize sign, put up without a perrn~t. Mr. Jones explained we have many sign violations in the City and that is why Mr. Fischer'and I~ too~ wanted to get someone else aboard to work on our sign ordinance, to spend some time on this. Mr. Jones continued that they had asked Mr. Barrett to cut the sign down to size and obtain a permit but he has done nothing, and Mr. Jones then turned the meeting over to Mr. DiLeva. Mr. DiLeva stated Mr. Barrett had sent him a letter and he asked the secretary read the letter to the Board, wherein Mr. Barrett stated he would remove the sign within two weeks and that he was also applying for a State license. Citizen Code Enforcement Board February 27, 1986 Minutes -3- ,~ . ~ o Q . . ~ The Board discussed the ten days Mr. Barrett had been given, stating he had received the notice February 7; that the 30 days referred to the City going in there and doing all the work. The Board determined Mr. Barrett is located in the City of Edgewater and will therefore have to apply for a permit from the City. The Board then discussed the various issues arising from this violation and Mrs. Ciccarello moved that the Board send a letter to Mr. Barrett advising him to obtain a permit from the City of Edgewater; that he must reduce the sign to its proper size of 80 square feet; that failure to do so by March 3, 1986, will result in a fine of $250.00 per day cornrnencllg March 4, 1986, which will be assessed until the sign is in compliance. Mr. Biggerstaff then seconded the motion. Motion CARRIED 5-0. The secretary then introduced a letter dictated by Attorney Alvarez to Attorney Thomas Wright in regard to the Rossiter matter, explaining the matter is in the hands of Attorney Alvarez unless Mr. Rossiter advertises in the papers again, at which time the Board will have the right to subpoena him. This was for information only to the Board. Quite a lengthy discussion followed as to the points brought out in the Rossiter case involving retail sales licenses and parking spaces required. There was no further discussion on this case. Miscellaneous Mr. Biggerstaff requested the Board's attention and ~aid:he would ~ like to see a request to Council to designate some private person to clear land instead crloadi~the City with these private projects. He also believed it would be nice to give the local economy a little help. Mr. Jones explained he does send a list of people the violator can contact to take care of clearing lots. Mr. Williams stated he believes the City does not want to become too involved as, for example, a valuable tree being uprooted, etc. or just being on people's personal property. Mr. Biggerstaff then discussed New Smyrna Beachreing involved in a ten million dollar accident case when two women were struck on the beach; another woman run over resulting in a broken neck. He brought out the fact that the guilty party in these cases may not be able to pay, resulting in the City being liable, a sum much more than their income.' Mr. Jones stated if something like that would happen in Edgewater, the City would be bankrupt. Quite a discussion followed as to the City's liability in various cases. There was no further discussion on this matter. There being no further business, the meeting was adjourned by motion of Mrs. Ciccarello, seconded by Mr. Turano. Motion CARRIED 5-0, and the meeting adjourned at 8:15 p.m. Minutes submitted by Dorothy C. Garrity ~ =- Citizen Code Enforcement Board February 27, 1986 Minutes -4-