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07-26-1984 , o ~ CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING JULY 26, 1984 Minutes Vice-Chairman Louis Rotundo called the regular meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Members present: Lois Kane, Phil Williams, Jim Richardson, Louis Rotundo, Vince Turano. Robert Rosa arrived at the meeting late. Russ Prater was excused. Also present: Susan Wadsworth, Deputy City Clerk. PUBLIC HEARING 84-CC-4 - Bill Roton, 435 Perdita Street - Violation of Sec. 712, Untagged Vehicles. Susan Wadsworth advised the Board that Sgt. William Lenz went out to 435 Perdita Street and reinspected the premises. The two vehicles have been moved and, therefore, Mr. Roton was advised that he did not have to appear at the meeting. 84-CC-5 - Charles McDonald, 436 Perdita Street - Violation of Sec. 712, Untagged Vehicle. Susan Wadsworth advised the Board that Sgt. Lenz inspected these premlses again and found that the automobile was on a trailer without the tag. Mrs. Charles McDonald was present at the meeting to discuss this case. She advised the Board that her attorney was to have taken care of this matter for them. Susan Wadsworth advised that Mr. Hall's secretary had called her that morning and asked what the procedure was to have an exten- sion put on this matter due to the fact he was investigating same. Mr. Rotundo suggested that this matter be reset for public hearing and the Board go into their regular meeting. Mrs. McDonald stated that this is a race car, used for racing. She said it is not a junk car nor abandoned. It is parked on the north side of the house on a trailer. The trailer has a tag on it. She further said that they were told they could have the car on the trailer. One of the Board members asked how this matter carne before them. Vice-Chairman Rotundo asked Susan Wadsworth to read the Complaint into the minutes, which she did. Mr. Williams questioned Mrs. McDonald as to whether or not the vehicle is on jacks, to which she replied, no, it is situated on the trailer. Another Board members asked her how long it has been there, to which she replied, over 5 years. She informed the Board that they had a citation over two years ago and the matter was worked out between the two attorneys and they worked it out at that time, and now they have been cited again, which is a surprise to everyone. A discussion then ensued concerning the fact that this vehicle has been on this property for over 5 years in the same condition that it is now. Mr. Williams stated that the violation that was presented to the Board stated that the car was on jacks, and it is not on jacks. There would be a violation if it were on jacks and it is not now. Mrs. McDonald stated that she tried to get a tag for the vehicle and could not obtain one. The vehicle is used for racing, only, it has no lights, turn signals, it doesn't even have a windshield and cannot be used on a public road. It was d~termined that the complaint carne from an individual because it was sitting on jacks. After reviewing the file, the complaint was filed by ~ o o ACO Rhonda Schindler, who is a police officer. Mr. Richardson said there are two ways to look at this situation. One way is that the vehicle is used for sports purposes, only, the other way is that it is still an unlicensed vehicle. After reviewing the Code, the Board members determined that a vehicle such as this is not covered in the Code. Vice-Chairman Rotundo suggested that they recess the public hearing and go to the regular meeting at this time. ROLL CALL Members present: Lois Kane, Phil Williams, James Richardson, Louis Rotundo, Robert Rosa and Vince Turano. Russell Prater was excused. Susan Wadsworth read from the Code Section 712.00 - Parking and Storage of Certain Vehicles into the minutes. One of the Board members stated that the Code does not address a vehicle of this type, wherein the owner cannot obtain a tag for it and they have no garage in which to store it in. He further stated that they have had this vehicle for 5 years and were in dispute over same once before. Mrs. McDonald advised that she had called the City before concerning this matter and she was told that there was nothing in the Code that said she could not park her race car on her pro- perty on the trailer. Mr. Richardson suggested that Mrs. McDonald's attorney discuss this matter with the City Attorney to determine whether or not this is a violation and the City Attorney's decision will be the one they will go by. Mr. Richardson made a motion that the City Attorney meet with Mrs. McDonald's attorney to decide whether or not there is a violation in the Code concern- ing this untagged vehicle. Mr. Rosa said he thought the matter should be dismissed, that nothing was done about it 5 years ago, it is presently on a trailer and not on jacks. Mr. Rosa seconded Mr. Richardson's motion. Upon roll call, motion TIED 3-3. Mrs. Kane, Mr. Williams and Mr. Turano voted NO. Mrs. Kane questioned whether or not the Chairman could create a tie vote. She thought the Chairman could only break a tie vote. Mr. Williams said that the Board had to consider the complaint in which it was presented to them. This complaint stated that the vehicle was on jacks, nothing was said about a trailer. The McDonalds do not have a garage to put this vehicle in, they only have a carport. The vehicle is located next to the carport. The vehicle cannot be tagged, however, there is a tag on the trailer on which it sits. Mr. Turano said that Mr. McDonald cleared up the violation that he was cited for by putting the vehicle on the trailer, taking it off of the jacks. Mr. Richardson made a motion that the violation has been cleared up; the vehicle has been taken off the jacks. Mr. Turano seconded the motion. Motion CARRIED 6-0. Mr. Williams made a motion that a letter be sent to Mr. and Mrs. McDonald that they are in compliance with the Code requirements concerning this matter. Mrs. Kane seconded the motion. Motion CARRIED 6-0. APPROVAL OF MINUTES OF MEETING Mr. Williams made a motion to accept the minutes of the June 28, 1984, meeting, seconded by Mr. Richardson. Motion CARRIED 6-0. OLD BUSINESS Correspondence from City Clerk Susan Wadsworth read into the minutes a memo from Connie Kinsey, City Clerk, concerning trash pick up, wherein she advised that Council is aware of the trash problem that the Board brought to their attention on June 6, 1984, and they are in the process of resolving the problem. -2- Citizen Code Enforcement Board Mtg. July 26, 1984 ~ o o NEW BUSINESS 84-CC-4 - Bill Roton, 435 Perdita Street - Violation of Sec. 712, Untagged Vehicles. Susan Wadsworth advised the Board that on 7-26-84, Sgt. William Lenz, Code Inspector for the City of Edgewater, checked out the residence at 435 Perdita Street and the two vehicles have been removed from the premises. Mr. Williams made a motion to send a letter to Mr. Roton that he is now in compliance with the Code. Mr. Richardson seconded the motion. Motion CARRIED 6-0. MISCELLANEOUS Vice-Chairman Rotundo asked Susan Wadsworth to read into the minutes the letter from the Building Department, dated July 17, 1984, concerning code violations. Dennis Fischer advised the Board that with the volume of building being done in the City at the present time, requiring a tremendous amount of time in issuing permits and doing inspections, he has been unable to satisfactorily handle all of the code violations that exist. He assured the Board that as soon as he receives assistance in his department, he will follow through with all complaints that are re- ceived and forward those to the Board who continue to be in violation of the Code. Susan Wadsworth advised the Board that the Building Department has recently hired an assistant who will be handling the code enforcement procedures. His name is David Jones and his title is Assistant Code Enforcement Officer and Building Inspector. Mr. Williams made amotion to send a letter to Dennis Fischer, advising him that they were not aware of the building that is being done in the City, they were not aware that he was short of help and they had no inten- tion of slighting his job; if the Board can help him in relation to the code violations in the future, they will be most happy to odo so, that they were only doing their job as a result of sending their letter to Council. Mr. Richardson seconded the motion. Motion CARRIED 6-0. Mrs. Kane asked why there had to be a Code Enforcement Board meeting if there was nothing to discuss on the agenda. She said that in New Smyrna the meeting is cancelled if there are no items to discuss. Mr. Richardson stated that he went to the meeting at DBCC recently and it was brought up at the meeting that there had to be a Code Enforcement Board meeting every month. Mr. Williams said he thought it was governed by the Council. Mrs. Kane said she thought it was a waste of everyone's time when all you had to do was open the meeting, state there was nothing to discuss, and close the meeting and go home. Mrs. Kane made a motion that a letter be sent to Council, asking them why the Board must hold a meeting if they have nothing on the agenda to discuss. Mr. Richardson asked that it be added that the members be notified, in writing, that there be no meeting that night. Mr. Williams seconded the motion. Motion CARRIED 6-0. There being no further business to come before the Board, the meeting was adjourned at 8:15 P.M. Minutes submitted by: Susan Mista -3- Citizen Code Enforcement Board Mtg. July 26, 1984 ~