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06-27-1985 .... . J' o o CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD June 27, 1985, 7:00 p.m. MINUTES Chairman Williams called the regular meeting to order at 7 p.m. ln the Community Center. ROLL CALL Members present: Messrs. Williams, Biggerstaff, Mrs. Kane, Mrs. Moses, and Mrs. Ciccarello. Excused: Mr. Turano. Also present: Mr. Jones, Assistant Code Enforcement Officer, Mr. Racca representing Eastern Shores Association, Mr. Hawkins, Mr. Corbett Smith, Mr. R. E. Bob Johnsoni,i Mrs. Taylor, Secretary and Mrs. Rufer, Secretary. NEW BUSINESS A-I Truss Com an , Case 85-CC-8, Violation of Cit Noise level limits excee e in the industrial an area located at 1521 Industial Road Code, Section 10-25, surrounding residential Mr. Jones, Assistant Code Enforcement Officer, Mr. Hawkins, and Mr. Racca, representing Eastern Shores Association were sworn in by the secretary. Chairman Williams advised the Board that the hearing concerns only this violation, none from the past. Mr. Jones stated that his office had received several complaints going back as far as October 2, 1984 and the most recent was April 8, 1985. On October 2, Mr. Jones sent a letter to Mr. Hawkins instructing_ways to reduce sound levels Mr. Jones said this is I-2 zoned area for light industrial and this is a truss plant and they have to use hammers for this type of business. Mr. Jones obtained Mr. Gately of the Environmental Control Division to take decibel readings, and the readings recorded in June exceeded the levels taken in April - these readings taken were 83.0 decibel reading at the plant for an average reading and the adjacent property (nearest vicinity to the people complaining) was 68.8 and 67.8. Mr. Jones stated that the truss plant was permitted there and has a business to operate. From 7 to 11, the noise can be made, but when we get into the table on page 5 of our city ordinance, that we would go to instead of table 2 because we are talking of duration 6f time that the level iests were taken. Mr. Jones said hammering stops periodically when they go onto other tasks, the average is half hour duration period and it is 110 decibels and where the violation is when it goes into the residential area and is bothering the individuals. For residential, daytime normal operating hours would be 61, so this is exceeded by 7 decibels in the reading for certain periods of time, and this is not continuous. Mr. Jones suggested Mr. Hawkins take measures to contain the noise within his area because even in the government statues it states that it shall not exceed 90 where the employees work for any lengthy period of time. Mr. Jones then asked Mr. Hawkins what measures he would take to contain the noise ~o bring it to the proper noise level. Mr. Hawkins stated that since the last meeting he has been investigating to find out what can be done. He said when the reading was taken they were making the maximum noise that would ever be made, and he recognized that this was above the level that meets the code. Mr. Hawkins said it would also be quieter because of the reduction of 2/3 of the men that they had been working. He said he would be cuttfung back another crew, then they would have 1/3 of the people working, and felt this would meet the levels. Further discussion was held regarding the different ways and means of curbing the noise level. Mr. Racca, representing Eastern Shores Association, said the only concern that they have is the noise exceeding the level in the park. Mr. Racca stated the table 2 level is 61 db and we have had readings where they have exceeded those levels. ~ {) o Mr. Racco said he felt that when the permit was given there should have been a buffer zone between the residential neighborhood. Mr. Racco further stated they should not have to suffer in the park for someone else's mistake and they are starting work at 6 o'clock in the morning which is clearly exceeding the ordinance. Mr. Racco said that they are taxpayers in the community and have a large investment in their homes and he also recognized that Mr. Hawkins also has a large investment in his business, but their quality of life at this age should not be subjected to all this noise, which is in violation. Mr. Racco said if it were not in violation he would not say a word. Chairman Williams asked Mr. Jones if he had anything else and Mr. Jones said that on May 3, 1984, Officer Lenz sent the memo to Chief Overman and read one little paragraph - "the property described in the site plan is that of a previous skating rink which when in operation was a constant source of noise which resulted in complaints from the residents which abutted the skating rink." Mr. Jones said he felt that Mr. Hawkins should hire a noise expert because Mr. Gately was bothered on two occasions (at no charge to the city) to do these tests. He said he also sent a request for aid from Mayor Baugh which did not get any reply. Mr. Gately has been quite helpful on two occasions and Mr. Jones did not want to bother him for a third. Mr. Jones said he felt that as soon as possible, possibly within a 10 day period, that Mr. Hawkins get an expert in to remedy this situation. Chairman Williams asked for a motion and Mrs. Kane made a motion to require Mr. Hawkins to obtain a noise expert and report back to Mr. Jones in 15 days with some solution to the problem and report back at the next meeting. He should be back in compliance in 30 days unless the measures will take longer. Mr. ~iggerstaff seconded the motion. CARRIED 5-0. APPROVAL OF MINUTES Chairman Williams asked for approval of the minutes and Mrs. Ciccarello made the motion and Mrs. Moses seconded the motion. CARRIED 4-1. Mrs. Ciccarello voted no because she was not on the board last month. NEW BUSINESS Corbett Smith, 85-CC-7, North side of Marion Avenue, Sec. 10-43, 44, 45 & 46 and State Law 633.081 violations Mr. Corbett Smith was sworn in by the secretary. Chairman Williams asked Mr. Smith if he would explain what he was going to do and Mr. Smith replied that he was having a zoning problem and has had since 1974 when the truss plant was going full blast. Mr. Smith stated that apparently a portion of the building got rezoned during a mass rezoning and due to the economy in 1975, the plant was closed down and immediately tried to find something to do with the property; merchandising and doing other things, etc. Mr. Smith stated in 1982 he sold the property to Mr. Johnson on an articles agreement, in which a copy was sent to Mr. Jones. Mr. Smith said Mr. Johnson is the legal owner of the property, but he is the owner of record until warranty goes to record. Chairman Williams asked Mr. Smith what he was going to do about the weeds and buildings and Mr. Smith replied that should go to Mr. Johnson. At this time Mr. Johnson was sworn in by the secretary. Mr. Johnson said the only problem he saw was getting some equipment to mow the grass, and he did not know the city was that concerned about this piece of property. Mr. Johnson said he felt it would take a little time to get all the things done and determine what is good, salvageable, etc., get bids to tear down or repair what is needed. Chairman Williams asked how much time required for the grass and weeds and debris? Mr. Johnson said within two weeks but did not want to be held to it because of his busy schedule but would probably have it done by the first of the week. - 2- Citizen Code Enforcement Board Minutes - June 27, 1985 '-J Q 8 Mrs. Kane said she understood the complaints to be that the property was not being kept up and the point is the property is in disrepair and certainly with the fires all around, it is a fire hazard and she felt the property be kept up until such time that Mr. Johnson has decided what to do with the property. Chairman Williams asked Mr. Jones to speak at this time because Mr. Jones had been out there and is aware of the situation. Mr. Jones said the first issue pertaining to this property getting it rectified was in 1980 by Charlie Murphy. Mr. Jones had pictures of the property which were passed around to the board members and said they could tell it better than words. Mr. Jones stated on 10-22-84 Mr. Smith was sent a quoted state statue that he is certified in Fire Safety and am an Agent of the Fire Marshall's Office which gives the authority to determine what is safe and what is unsafe. Mr. Jones said he had no problem getting into the area and children would not have any problem either. Mr. Jones said there is a fence but it is partially down so it has to be redone and all the buildings that are collapsing be taken down because the wood is rotted from water and/or termite rot. Mr. Jones said he had petitions with many signatures and Mrs. Connie Martinez, City Administrator, signed a complaint on this also on 2-25-85. The first complaint was from John Nott on 9-20-84 and 9-14-84 was from Roy Coleman of Shangri-La, the second complaint and on 10-23-84 the mailing of the letter to Mr. Corbett Smith which he received on 11-1-84. Mr. Jones stated that a follow-up inspection was done on 11-16-84 and nothing was done and not any correspondence from Mr. Smith was received. Then on 11-20-84 Sgt. Lenz was contacted about serving a subpoena but it was outside the city limits and could not be served. Mr. Jones said on 2-20-85 Councilman Asting requested the matter be forwarded to the Code Enforcement Board and on 2-15-85 the City Administrator and I had the complaint signed. Mr. Jones advised that action be taken and get it rectified as soon as possible. Chairman Williams asked Mr. Johnson how many buildings were involved. Mr. Johnson said there are five buildings but the concern is with the two large easteniy buildings which have a portion of the trusses rotted. Mr. Johnson said this building could be jacked up and be restructured, both buildings have a sheet metal roof and it is rolling up. Mr. Jones advised his concern was with the vertical supports not the horizontal because that is what will bring the building down. Ghairman Williams asked if all the buildings had debris and pallets underneath, in and all around as the pictures showed? Mr. Jones said there is a lot of debris all around the whole property, debris is everywhere, lots of piping where rodents can occupy. . Mrs. Ciccarello asked Mr. Smith how often he inspected his property and he stated as little as possible. Mrs. Ciccarello then stated that for being a property owner it is his responsibility to make sure that that property is kept in a safe and appreciable looking condition. The code clearly states that grass and weeds can not be more than 2 feet high and the kind of conditions that we have now could be hazardous. Further discussion continued on this property. Mr. Smith said he had complied with all needed in 1982 and now I hold the paper on it and am not the owner. Mr. Smith stated on behalf of 1-2 zoning the building does not have to be painted as long as it is structurally sound. Mr. Williams said it isn't structurally sound and Mr. Smith said Mr. Johnson will take care of it. Mr. Johnson said he could end the whole dispute if they would just give him a few weeks that everyone would see the difference in the grounds and buildings. Chairman Williams asked if 2 weeks on the weeds would be sufficient and Mr. Johnson said he probably wouldn't need that much time but would ask for permission for that much time. Mr. Williams asked about securing the buildings - 3- Citizen Code Enforcement Board Minutes - June 27, 1985 o o if he was going to keep them. Mr. Johnson stated 60 days and the reason is that it will take time to get crews, people, bids and the cost involved. Chairman Williams said what the board and Mr, Jones wants is the weeds cut first and all the pallets, all buildings where the roofs are falling in are to be fixed if you are going to keep the buildings; as far as painting them you do not have to do that. Mr. Williams said for him to check with Mr. Jones for compliance and non-compliance. Chairman Williams said all further communications would be directed to both Mr. Johnson and Mr. Smith, whether it be compliance or non-compliance because no one knew the other person (Mr. Johnson) existed on this property and also Mr. Smith understands all the papers now. Mr. Williams then asked for both their full names and addresses for the board. They are as follows: Mr. R. E. Bob Johnson, 4050 Pinewood Road, P.O. Box 727 E.G., Melbourne, FL 32935, Phone Number 305-254-9502. Mr. Corbett Smith, 4100 Pinewood Road, Melbourne, FL 32935, Phone Number 305-242-2290 and address also at 4077 Conte Drive, Carson City, Nevada 89701. Mr. Smith also said he wanted to go on record that Mr. Johnson could do anything he wanted to and with the property because it was his property. Mr. Smith said he just wanted to bow out of the property and had already done everything that he could and this whole situation since he had been in Edgewater had been a nightmare. Mr. Jones and Chairman Williams said they would like to thank them each one personally for corning. Chairman Williams asked if there were any further discussion or questions on this matter. Hearing none, Mrs. Ciccarello made a motion that Mr. Johnson have the grass and weeds cut and cleaned up within 10 days and the buildings up to code or in a safe fashion within 60 days and that the debris, the excess pallets that are scattered around and anything not attached be cleared by the next meeting in 30 days. Mrs. Moses seconded the motion. Motion CARRIED 5-0. OLD BUSINESS Lloyd Van Winkle, 101 S. Ridgewood Ave. Mr. Jones stated that Mr. Fischer inspected the property and signed a compliance form. Mrs. Kane made a motion that a letter of compliance be sent to Mr. Van Winkle and Mrs. Ciccarello seconded the motion. Motion CARRIED 5-0. The appointment of Chairman and Co-Chairman will take place at the next meeting in July. No further business was scheduled and Mrs. Kane made a motion to adjourn and Mr. Biggerstaff seconded the motion. Motion CARRIED 5-0. Minutes submitted by Barbara K. Rufer -4- Citizen Code Enforcement Board Minutes - June 27, 1985