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05-30-1985 o ~ CITY OF EDGEWATER Citizen Code Enforcement Board May 30, 1985 Minutes Chairman Williams called the regular meeting to order at 7 p.m. in the Community Center. ROLL CALL Members present: Messrs. Williams, Turano, Biggerstaff, Mrs. Kane and Mrs. Moses. Excused: Mrs. Ciccarello. Also present: Mr. Jones, Assistant Code Enforcement Officer, Fire Chief Kennedy, Assistant Fire Chief Lamb, Officer Gynne Turner and Joan Taylor, Secretary. NEW BUSINESS James D. Seals, Case 85-CC-6, Fire Code Violation at 2225 Umbrella Tree Drive Mr. Jones, Assistant Fire Chief Lamb, Officer Turner and Mr. Seals were sworn in by the secretary. The Chairman advised the Board that the hearing tonight concerns only the alleged violation which occurred on May 21. The Assistant Fire Chief related that on Tuesday, May 21 at 8:54 he responded to a fire call to 2225 Umbrella Tree Drive. He said there was a pile of pine cones, pine limbs, etc., which was burning. Mr. Seals came out of the house and said, "1 told her not to burn it. Go ahead and write a ticket and let her pay the fine." Officer Turner said when he arrived to the scene he found two of the fire department cadets on the scene, who had extinguished the sub- ject's fire in the back yard. He talked to Mr. Seals and his wife and asked her if she was aware of the ban on burning and she responded that she had heard nothing about it. Mr. Jones said he was called by the Assistant Chief at approximately 10 p.m. that night and was advised of the violation, and filed the violation with the Code Board. He measured the distance from the house to the fire, which was 35 feet. There is a ditch behind there where there are a lot of weeds growing. In his opinion, this is a violation of Sec. 33.101. Mr. Jones said that because Mrs. Seals is of foreign descent there may be a communication breakdown. He said he did observe a garden hose, but the Assistant Chief said that the hose was not a charged line. The fire was not in a container. Mr. Jones said that he was not called to the scene. Mr. Seals spoke to the Board and said that everything which these gentlemen have just said is true. He said he had sent his stepson out to tell his wife to put out the fire as soon as he noticed it. By the time he got dressed and got outside the fire was out. He said that he was told by his wife that there was a running hose there and whoever put the fire out used that hose. He said that he believed that she did not know that there was a burning ban, although she was aware of the fires of the previous weekend. He assured the members that there would never be anything burned on his property again. Mr. Jones said he agreed that there would be no fires on that property again. He suggested that he could send a certified letter stating that the next time this occurs that this Board will impose a fine to the maximum. Mr. Williams said that would be up to the Board. Mr. Jones said that that is his recommen- dation. Fire Chief Kennedy said they are not out to crucify anybody, but they had just fought fires for four days. The Shores is a lot bigger than the area in Palm Coast which just burned. They are out to see that this never happens again. In explanation of the previous fire at the same location, Mr. Seals said that it was set by a bottle rocket set off by neighbor children. Mr. Williams said that the Board must first determine, if, from the evidence just presented, they believe there is indeed a violation of the Fire Code. The Board agreed 5-0 that there was a violation of the Fire Code. o o The members discussed the type of penalty which should be imposed for violation of the Code. Mr. Williams said that this is not an ongoing violation, but the Board can set a fine for any future violation of the same type at the same location. Mr. Jones said that he has talked to the City Attorney and Mr. Alvarez suggested that anytime there is an unauthorized burn, the Fire Department should call Mr. Jones, who will immediately send them a letter stating that they should never burn; if there is another violation the first violation will be documented. The second case will be sent to the Code Board and they could impose a fine. Mr. Turano said that he would have ,to vote with his own conscience. He will not try to set a precedent with his vote. He cannot look lightly on this kind of a case, he stated. Florida Shores is like a jungle and if there is a bad fire he may not be able to save his house or his family. Mr. Williams said that each case is different. The vote tonight is just for this case. The proposal of Mr. Jone~ was discussed at length. The question was asked why Mr. Jones could not immediately cite a first time violator to the Code Board. Also, Mr. Turano asked, if Edgewater burns the first time, what do we do? It was explained that the individual who starts a fire is responsible for the damage he has created. The fire department representatives explained that they give a written warning on a first time fire. Mr. Williams said that the proposal is that Mr. Jones is to give a written warning for a first time fire, then that can be submitted as evidence if there is a second burn and the Board can act. The secretary referred to page 214 of the Code, which says that the fine shall be levied depending upon the severity of the violation of the order. Mr. Alvarez had explained there has to be an order from the Code Board and a violation of that order before a fine can be levied. The letter from Mr. Jones would constitute an order, he stated. Mr. Biggerstaff said that he is not convinced the individual should not pay some sort of penalty for making the first mistake. Mr. Turano said that he questions why the lady who started the fire is not here. Procedures for handling future cases were argued. The Chief said that the City has never had standard operating procedures and that is basically why they are here tonight. Mr. Lamb said that he does not think they should send a certified saying the first time is okay but the next time weill get you for $250. There may only be one time. The secretary again referred to the Code, which says that the Code Inspector shall notify the violator and give him a reasonable time to correct the violation. Mr. Turano said that if the code inspectors are out, it should be stated that anyone responding to the fire could issue the warning. Mrs. Kane questioned how you can issue a warning about setting a fire. Mr. Williams suggested that a recommendation could be sent to the City Council to change the ordinance; at this time, he explained, he needed the Board to act on this case. Should a penalty be imposed. Assistant Chief Lamb recommended that the lady who started the fire be required to go to the Fire House and wash all the fire trucks in both stations. Mr. Turano said that what the Board needs to do is set standards of what to live by on all cases. The laws need to be revised. Mr. Bigger- staff suggested that the Board act on the present case and then make a recommendation to the Council. Mrs. Kane reviewed what has been said: If the Board imposes a fine it is not for the last time. He will not pay anything until he does it again. The members agreed with this. Mr. Turano also noted that this does not set a precedent. Mrs. Kane moved that if Mr. Seals or his wife are caught again at any time setting a fire, the Board will impose a $250 fine. Mr. Turano seconded the motion. Upon roll call the motion CARRIED 5-0. Mr. Seals asked if it is all right to have barbecues in the back yard and was advised that it is, if it is in a proper container. Citizen Code Enforcement Board - 2 - May 30, 1985 o Q Mr. Seals apologized to the City Council, the Board and the Fire Department for the fire. Mrs. Kane referred to page 214 of the Code, Fines and Liens, which states that the fine shall be levied depending upon the severity of the violation of the order. The enforcement board, upon notification by the code inspector that a previous order of the board has not been complied with by the set time, may order the violator to pay a fine not to exceed two hundred fifty dollars ($250.00) for each day the violation continues past the date set for com- pliance. Fire department representatives asked if this is the only code they have to go by. Mr. Jones recommended that the City needs to come up with an ordinance which bans all burning without authorization of the ,Fire Department, and if you are caught without a burn permit then a $250 flne would be imposed automatically. Mr. Williams noted that there must be evidence, such as photographs. There was discussion of including Section 162.07 from the State Statutes into the City Code. This pertains to a violation which poses a serious threat to the public.. Mrs. Kane said that the Board's recommendation to Council should be that the Council adopt an ordinance permitting the issuance of a fine on the spot. This authority could be given to the Fire Chief, the Assistant Fire Chief or the Code Enforcement Officer. Mr. Turano said he would like to see it carried farther, i.e., anyone going to the scene who is an officer with arrest powers. The members agreed that they wanted to make a recommendation to the City Council that the Fire Chief, Assistant Fire Chief, Code Inspector and Assistant Code Inspector and all police officers or anyone having arrest powers who finds someone burning without a permit is subject to a $250 fine. Mr. Biggerstaff added that parents should be responsible for the actions of their children. Mr. Turano suggested that the City should control what type of fireworks are being sold in Edgewater. Mr. Jones pointed out that the Code allows the sale of sparklers. Mr. Lamb cited numerous cases of children being burned with sparklers every year. Councilman Inman recommended that the letter to the City Council be clear as to the Board's wishes. It will need to be turned over to the City Attorney. He explained that the City could not have anything in the ordinance which conflicts with the State laws. He stated further that he did not think you could impose a fine right away if there is burning without a permit. , Mrs. Kane moved to recommended that there be a letter sent to the Mayor and City Council requesting a special meeting with the Fire Chief, Code Inspector and the City Attorney to reword the Code to require a permit for burning. If a person is caught without a permit they will be issued a fine in the amount of $250; if they feel they are innocent they may go before the Code Enforcement Board. This motion was seconded by Mrs. Moses and CARRIED 5-0. Councilman Inman recommended preparing the letter for the second meeting of June, and the Council will turn it over to the City Attorney. The members suggested that an emergency meeting be called to resolve this matter. Coun- cilman Inman advised that an emergency meeting would need to be called by the Mayor. Mr. Williams advised the secretary to send the letter to Mayor Baugh and ask him to call a special meeting as soon as possible. The Fire Chief, the Code Inspector and the City Attorney should be present. The meeting should be called for no later than next week. Restating the motion, the Chairman said that a letter should be sent to the Mayor and City Council requesting a special meeting with the Fire Chief, Code Inspector and the City Attorney to reword the code. Due to the gravity of the situation the Board requests that this meeting be called for sometime the following week. The change in the Code will require that there be no burning without a permit. If there is a fire a fine should be issued immediately in the amount of $250. If they feel they are innocent they may go before the Code Enforcement Board. The person issuing the fine should get photographs and some good evidence and the Board will act on it. On another matter, Mr. Williams instructed the Board members that from now on they are not to discuss a case outside of the hearing room. The Board is nonbiased. Mr. Jones said that if the members want to check on an alleged violation they should get in touch with him and he would escort them to the site. Citizen Code Enforcement Board - 3 - May 30, 1985 o o ELECTION OF VTCE-CHAIRMAN Mr. Williams opened the floor for nomination of Vice-Chairman. Mrs. Kane nominated Mr. Turano. Mr. Biggerstaff seconded the nomination. There were no other nominations. Mr. Turano was elected Vice-Chairman by a vote of 5-0. -{:~~. v~t Mr. Biggerstaff moved for approval of the April 25 minutes. 44 . seconde d the motion, which CARRIED 5- o. ."/110-. JhJ..-l.A--' APPROVAL OF MINUTES MISCELLANEOUS The Chairman and members welcomed Mrs. Moses to the board. Mr. Biggerstaff commented that he is in favor of community service in lieu of a fine. He suggested that this could be incorporated into the ordinance. Mr. Turano expressed his disappointment that the lady who caused the fire was not present. It was explained that the property owner is cited in a violation. Mr. Jones agreed that a work program for people who cannot pay a fine would be a good idea. Mr. Turano argued that that is not the reason for a work program; rich people have to do a work program, he offered. It's a lesson. A wealth person can pay the fine, but if he has to work then he remembers. It was suggested that this could be at the option of the Board. Mrs. Kane pointed out that at this time the Board has the power only to impose a fine or put a lien on the property. Mr. Biggerstaff said that in his opinion every extenuating circumstance should be covered in the recommendation to the Council. Councilman Inman asked the Board to give the Council guidance on what they are requesting. Whether to amend the motion was discussed and the secretary suggested that a meeting with the City Attorney to work out the legal wording may be in line. Mr. Turano wanted the letter to go as it is and to find out if there can be a special meeting scheduled with Mr. Alvarez; at that time he could put it intoa language which the Council can vote on. The members agreed they did not want to stop the letter to the Council. Councilman Inman said there would be no possibility of a special meeting before next Thursday. Mr. Turano moved to adjourn. The motion was seconded by Mrs. Moses and the meeting was adjourned at 8:16 p.m. Minutes prepared by Mrs. Taylor Citizen Code Enforcement Board - 4 - May 30, 1985