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03-28-1985 J~ "- (.) Q CITY OF EDGEWATER Citizen Code Enforcement Board March 28, 1985 Minutes Chairman Williams called the regular meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Members present: Mr. Williams, Mrs. Kane, Messrs. Turano, Richardson, Delarwelle and Biggerstaff. Also present: David Jones, Assistant Code Enforcement Officer, Joan Taylor, Secretary, and one member of the press. APPROVAL OF MINUTES Mrs. Kane moved for approval of the minutes of February 28, 1985 meeting. The motion was seconded by Mr. Biggerstaff and CARRIED 6-0. NEW BUSINESS The Chairman suggested that the Board first review the second case listed, as there were people present concerning that case. . Case No.85-CC-3 - Lee Jones - Violation of Sec. 10-44 and 717.01 - trash on property at 2526 Hibiscus Drive Mr. David Jones and Mr. Lee Jones were sworn in by the secretary. Mr. David Jones was asked to explain what he found on the property in question. He explained, by illustrating on the blackboard, the site of the violation, noting that there is a fence between Mr. Lee Jones' property and the property to the north where the trash has been accumulating. He said that even though the fence is there there is no other way the trash could have gotten there except from Mr. Lee Jones' business. He said that Mr. Lee Jones claims that he doesn't want to go on the other man's property, but when a contractor has trash which is blown onto another person's property the City has the contractor go out and pick it up. He pointed out that there are no other businesses around. He said that it is not right that the property owner next to Mr. Jones who lives out of town, has this trash pushed onto his property. Mr. Lee Jones spoke to the members, admitting that there is trash along the fence on the lot next to his place of business. Mr. Lee Jones said he bought the property six to eight months ago and that trash was there when he bought the property. He pointed out on the sketch on the blackboard where he had cleaned on his property, and said that he had been advised by Mr. David Jones to clean up around his property, which he did for a cost of approximately $60.00. The inspector carne again, he stated, and told him he had to clean up everything along the fence. Mr. Jones said he does not feel that the trash is his responsibility. He submitted a statement from the previous owner which stated that Mr. Lee Jones is not responsible for all the trash on this lot. Mr. David Jones responded that if even one percent of the trash was put there by Mr. Lee Jones then he should clean it all up. He pointed out that it is job related trash. Mr. Lee Jones said that the trash may be of the type which would come from his business, but the people who were there ahead of him were doing the same type of work. The secretary read into the record the letter from Mr. Guy Tate of Orlando, former owner of the property in question. He explained the history of the property and stated that Mr. Lee Jones is not responsible for all the trash on lots 6821 and 6822. Mr. Asting, present in the audience, asked for the name of the present owner and was advised that it now belongs to Mary and Nicholas Caliendo, 5751 SW 54th Court, Ft. Lauderdale, Florida. Mr. Asting said that the owners of the o o land are the ones who are responsible for the trash. Mr. David Jones explained that the Caliendos own the property on which the trash is being dumped by Mr. Lee Jones. Mr. Lee Jones asked if he was being accused of personally dumping trash on the property and Mr. Williams questioned David Jones regarding this. Mr. Jones said he has no personal knowledge that Mr. Lee Jones put the trash on the property, but he is working with a person who may come forward, and he reiterated that the trash is business related and he is trying to get evidence. Mr. Lee Jones said that he does not want him (Mr. David Jones) around his property anymore. Mr. Vincent Turano said that it appears that it is being stated that Mr. Lee Jones inherited the garbage that the predecessors put there. He said that he needs to know if it is new garbage or inherited garbage, and he does not feel that the Code says that a person inherits garbage which is on someone elses land. He asked Mrs. Kane her opinion as a real estate person and she agreed that it is the landowner's responsibility to keep his property clean. Mr. Richardson asked Mr. Lee Jones if he runs a body shop and he said yes. There have been several body shops there before he came, he explained. Mr. Williams said that he had been to the site and could not say if the trash put there is new or old. The majority of it has been there a long time, noting that there is even an old mattress there. The Code does say that the owner of the property is responsible for it, but Mr. David Jones was trying to get the property cleaned up without a problem between the property owners. Mr. Richardson asked if the property owners could be contacted and Mr. Williams said a letter could be sent. to them. Mr. Richardson moved that the property owners be sent a letter and that the property be cleaned up on a 50-50 basis. The motion died for lack of a second. Mr. Delarwelle moved that the charges be dropped against Mr. Jones there is no way that it can be said that the trash belongs to him. that some cans rust quick and some won't. He said that they could letter to the people who own the property. Mrs. Kane. seconded the which CARRIED 6-0. because He said write a motion Mr. Williams said that it is now up to the Code Inspector to write to the person who owns the lot. He said that he would like to see Mr. Lee Jones to do the best he can to clean up the property. Mr. Lee Jones said that he just spent $60.00 on clean up. He said that he would like to see it cleaned too because it is an eyesore to his building, but he does not want the burden on him. He said he would do his best. Mr. Delarwelle suggested that Mr. Jones get permission from Mrs. Caliendo to go onto the property and to work at clearing up the trash. Mr. Delarwelle said that he did not like the notice which gave Mr. Lee Jones "reasonable time" to clean up the trash. He should have been givenlO days, he stated. Mr. David Jones suggested that the Board have the City of Edgewater go down to the site and have the property cleared at the taxpayer's expense. He questioned why a property owner who is out of town should have to be respon- sible for a mess like that. Mr. Delarwelle was of the opinion that the City employees have no business on private property. Mr. Delarwelle asked Mr. Lee Jones if he could get permission to go on the property would he clean it up and Mr. Jones said he would do a little at a time, as he can.__ Mr. Jones said that he is presently trying to buy the lot and it will be cleaned up then. The Board members agreed that an in compliance notice should be completed and sent to Mr. Lee Jones. Case No. 85-CC-l - Mary Hine - Violation of Sec. 712, un tagged vehicle - 466 Palmetto Street Mr. Jones reported that the untagged vehicle at Mango and 12th Street has been removed. It was agreed that an in compliance form be completed and filed and a copy mailed to Mary Hine. Mr. Delarwelle pointed out that this case had dragged on for a long time and in his opinion a special meeting should be called after the ten days is up and the violator should be fined then. Mr. David Jones explained that Citizen Code Enfordement Board March 28, 1985 - 2 - , .' '. o o the Police Department turns a case over to his department after the violation has been found. The Building Department sends a letter, giving him 10 days to comply. If he has not complied within 10 days the case is turned over to the Code Enforcement Board. Mr. Turano said that in some cases 10 days may be a little close, as he may be trying to sell the vehicle or get tags, and he did not think there should be a fine right away. There needs to be some leeway, he commented. CORRESPONDENCE Resignation of Robert Rosa - The members all said that they hated to see Mr. Rosa resign, as he was a fine Board member. Mr. Richardson moved to accept the resignation and to send him a letter of appreciation. It was agreed that a letter should be sent to the City Council advising them of the resignation. Mrs. Kane seconded the motion, which CARRIED 6-0. The members noted that Roberta Moses had submitted her letter of application to serve on the Board. Mr. Williams said that he appreciated the City Council asking for the Board's opinion regarding Board applications, but it is the Council's decision and he did not feel the Board should vote on the matter, as in most cases the Board members do not kn:owthe~app1icants. , Mr. Asting said that the Council does consider the opinion of the Board members, however, they sometimes feel that they should make changes. Mr. Turano said that of course the Board accepts the Council~ recommendation, but he wondered if the Board should know the reasons:.why Council did not accept the Board's recommendation. Mr. Asting suggested that he ask the councilmen to know the reasons why. Mr. Delarwelle complimented Mr. Williams on his handling of the last meeting. Councilman Asting remarked that the whole Board is doing a very fine job and asked that they not be upset if Council does not always follow their recommendations. He emphasized that their opinions are valued. Mr. Delarwelle moved for adjournment, seconded by Mr. Turano, and the meeting was adjourned at 7:35 p.m. Minutes prepared by Joan Taylor Citizen Code Enforcement Board March 28, 1985 - 3 -