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02-28-1985 (J q CITY OF EDGEWATER Ci tizen Code Enforcement B.oard February 28, 1985. Minutes Mr. Williams called the regular meeting to order at 7:05 p.m. in the Community Center. ROLL CALL Members Present: Messrs. Williams, Rosa, Turano~,Richardson*, Delarwelle, and Biggerstaff and Mrs. Kane. Also present: City Attorney Jose' Alvarez, Dennis Fischer, Building Official and Joan Taylor, Secretary. *Mr. Richardson arrived at 7:12 p.m. and Mr. Turano arrived at 7:07 p.m. Also in attendance were Mr. Wm. Cichewicz, Mr. Lloyd Van Winkle and Court Reporter Cindy Shuckley, present at the request of Mr. Cichewicz. Continuation of Cases 84-CC-13 and 83-CC-14 - alleged violations at 101 S. Ridgewood and 103 S. Ridgewood. The City Attorney suggested that the members review the minutes and continue with that part of the meeting in order to allow time for two members of the Board to arrive. APPROVAL OF MINUTES Mr. Rosa moved that the minutes of the January 29 special meeting and the January 31, 1985 regular meeting be approved as submitted. Mrs. Kane seconded the motion, which CARRIED 4 - 2. Mr. Delarwelle and Mr. Bigger- staff voted No as they were not present at the previous meetings. Mr. Williams welcomed new members, Mr. Delarwelle and Mr. Biggerstaff, to the Board. While the members waited for Mr. Richardson's arrival, the City Attorney explained that it should be ascertained whether or not the two new members have acquainted themselves with the facts of the case before the Board at this time. Mr. Williams questioned Mr. Delarwelle and Mr. Biggerstaff concerning their knowledge of the case. Both members confirmed that they have read the minutes of the previous meeting and have been to the site in question. Mr. Biggerstaff explained that he read the minutes over tho~oughly and talked to each of the parties involved, after which he went over the property. Mr. Delarwelle also stated that he talked to the parties and went over the property and felt he was aware of the situation. Mr. Cichewicz asked if he could ask a question and Mr. Williams said no. Mr. Williams asked the Building Official, Mr. Dennis Fischer, to report on his findings regarding the four violations which were left open at the last meeting. Mr. Fischer said that he has studied the situation and has submitted a report to the members of his findings. In conclusion, Mr. Fischer stated that his findings are that there are no violations presently existing at Personal Touch Lawn Care Service or U. S. 1 Auto Electric to be acted upon by the Board. It is his opinion, he said, that it is a private matter between two property owners and the solution would be better resolved in a court of law. Mr. Turano moved that based upon Mr. Fischer's statement, after he looked at it twice, that the site be found in compliance. Mr. Delarwelle seconded the motion. Mr. Rosa asked if a letter stating he was in compliance should be sent on this case. Mr. Turano said he meant for that to be done. The motion CARRIED 6-0. Mr. Cichewicz asked if the floor was open for questions and the Chairman advised him that it was not. Mr. Cichewicz asked if he could be recognized and the Chairman said yes, he could ask a question. Mr. Williams pointed out that the hearing was the previous month. He explained that the Code Q ~ Board is a nonbiased Board and it works for the public. The Board goes strictly by the Code Book, and Mr. Fischer is the Code Enforcement Officer. The Board goes by the Code Book and Mr. Fischer works for the City. Mr. Fischer says the site is in compliance, so all the Board can do is go by him. He pointed out to Mr. Cichewicz that he had a chance to present all his material at the last meeting and he did a very fine job, but he cannot allow him to bring forth additional material, because if he lets him do so, then he must let Mr. Van Winkle and Mr. Comerate also speak. He had an opportunity to speak at the last meeting and now it is closed. Mr. Fischer said that they are in compliance. Mr. Cichewicz asked if he was being told that because Mr. Fischer has stated that all of these violations are within the Code that they are not violations against the Edgewater Code. You did not look at the Code book, he stated, you are simply going by the fact that Mr. Fischer has stated that these are in compliance. Am I correct in assuming this, he asked. Mr. Williams said that Mr. Fischer is employed by the City of Edgewater and the Board goes by his decision. Mr. Cichewicz asked if he realized that on page 208, section 2-48, states the purpose of the Enforcement Board, "to enforce codes and ordinances". Mr. Williams asked that he not talk any longer as it was not fair to him or anyone else. Mr. Cichewicz responded that, "You are damn right it it isn't fair and we will see you all in court." Mr. Williams said, "That's your privilege, Sir." As there was no other business before the Board Mr. Delarwelle moved for adjournment, seconded by Mr. Turano. The meeting was adjourned at 7:16 p.m. Minutes prepared by Joan Taylor Citizen Code Enforcement Board February 28, 1985 - 2 -