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03-29-1984 < . .- ~. Q o CITY OF EDGEWATER Citizen Code Enforcement Board March 29, 1984, Regular Meeting Minutes Chairman Prater called the meeting to order at 7 p.m. in the Community Center. ROLL CALL Members present: Mrs. Kane, Messrs. Prater, Turano, Rosa, and Richardson. Absent: Messrs. Williams and Rotundo. Also present: Mr. Fischer, Building Official, Chief Edward Overman, and Mrs. Taylor, Secretary. Also present: One member of the press. APPROVAL OF MINUTES A motion was made by Mr. Richardson and seconded by Mr. Turano to approve the February 23, 1984 minutes. The motion CARRIED 5-0. NEW BUSINESS - Public Hearing Case No. 84-CC-l - Harold C. Lloyd - Violation of Section 712 - Parking of trucks (beach vehicles) in back yard of residence at 2719 Yule Tree The Chairman called the public hearing to order. The secretary read the Statement of Violation and confirmed that all concerned parties were notified and the proper documents are on file. Chief Overman and Mr. Lloyd were sworn in by the secretary. Chief Overman testified that on March 14, 1984 one of his patrolmen received a complaint that there several concession-type vehicles parked in the rear at 2719 Yule Tree. It was checked and found that there were a lot of vehicles there and he was issued a 10-day warning notice to correct the problem. Ten days later he was informed by the Code Enforcement office that the problem had not been corrected and a subpoena was issued and served on March 23. He stated that as of this morning (March 29th) the vehicles were still there. Mr. Lloyd testified and asked what trucks the complaint referred to, and asked if the police officer had looked at the tags on them. When asked by Chief Overman if there were tags on them he replied that there were none. Mr. Lloyd said he had tags on the antique vehicle, and on the concession. He said that all of the vehicles are not tagged. The old step van is not tagged. The concession and red pick-up truck is tagged. The boat has a tag. He stated that none of the tags are on the vehicles. The Chief noted that the defendant was given a ten-day notice by the police department; he had ample time to produce the tags, move the vehicles that were not tagged and it has not been done. He stated that he has been in his office every day and Mr. Lloyd should have contacted the office and discussed it. Mr. Lloyd said he has one van which he has used as a storage shed; the wheels have been removed from it. He does not consider it a vehicle any more - it is a shed and is on blocks. The Chief said that taking the wheels off of it does not alter the fact that it is a vehicle without wheels. Upon questioning by Mr. Turano as to whether he had made any attempt to correct the problem after receiving the notice of violation, Mr. Lloyd said he moved the three step vans and he bought a tag for his boat. He intends to get rid of the step van still there by selling it. In an~wer to Mr. Turano's question about what will be left when he has completed the clean-up, Mr. Lloyd said that the step van which has had the wheels removed will be left and the 22 foot trailer, which is untagged, has to be weighed, but he wants to finish his work on it first, or the weight will not be correct. Mr. Lloyd said that at the present time there are six vehicles on his property. Mr. Lloyd said that the boat will be left there and the trailer, which he is working on, as well as the van without the wheels, which he calls a shed, will be left there. There was further discussion about the legality of the van used as a storage shed. The Chief read the definition of an abandoned or junked vehicle, and o o ", from that definition determined that the van used for storage is in fact a motor vehicle. The Chief chastised Mr. Lloyd for not getting in touch with his office when he first received the 10-day warning, or again when he was subpoenaed. Mr. Lloyd said that when he asked the officer what the warning was about he was told it was self-explanatory, which he did not feel it was. Mr. Lloyd asked if he legally tagged one of the vans, could he keep it on his property, and was advised by the Chief that he could, as long as it is not used for commercial purposes, and is under one ton. Mr. Prater asked if he did all his own repair work at home. Mr. Lloyd said that he did work on his personal vehicles in the garage at his horne, but the repairs for his business were done at his shop at the beach. Mr. Lloyd asked about the legality of his vehicles if they are tagged. The Chief said the boat and the camper have to be at the side of the house. The trailer should be kept from public view, preferably at the back of the house. Mr. Rosa suggested that Mr. Lloyd go to the police chief and find out exactly what is legal and illegal, and give him 15 days to move anything that is not legal. Mr. Turano said he knew what is legal and what is not legal. It is all illegal until he does something about it. There are only two things that are legal" which is the boat trailer and~~ the boat. Mrs. Kane pointed out that he already has a tag for the boat. Mr. Rosa said he wanted to give him time to get in compliance, and if he is not sure about anything, the Chief would work with him. . Mr. Prater asked for closing statements. The Chief did not have a closing statement. Mr. Lloyd asked for a little more time. to work on the trailer. At the present time he is working seven days a week. Mr. Rosa asked how long he needed to get everything cleared up. Mr. Lloyd said he could get everything out of there in the next week or two weeks - everything but the trailer. He would also need some time to get the step van out of there. The Chief asked if he could make it look presentable in one week, and he said that he could. The public hearing was closed. Mr. Richardson motioned that the trailer, which he is working on, should be put behind the house where if cannot be seen and the rest of the vehicles should be cleared out in fifteen (15) days, to satisfy the Chief. Mrs. Kane asked if he wanted to include the step van which does not have any wheels. Mr. Richardson said that will have to be cleared out. Mrs. Kane asked if that was to be done in 15 days, because he does not have the time to get the wheels at this time. Mr. Richardson suggested he do it in 20 days. The Chief said that what Mr. Richardson is saying is that the only thing left on the property will be the trailer and the step van. and in 20 days they will both be gone, or legal. Mr. Turano wanted to bring out two points, and suggested they be added to.the motion - immediately; (with this deal he is getting time), he would like to see immediate service - so that the citizens of Edgewater are basically satisfied. Number two, if this is not complied with on the 20-day basis, then we should start to talk about fines on the vehicles which he is going to be dumping, and he would like to see some tangible evidence that Mr. Lloyd did try to junk something and they refused it, in writing. And third, the vehicle which oe wants to work on and move after Easter, this will corne up to the Board again at the next meeting. This will not be a closed issue until that date. Mr. Richardson said that his motion was that the vehicles would be cleared up so that they are not visible from the street and not more than 30 days to completely clear it ou L Mr. Rosa said that everything should be made legal, and everything which is illegal should be cleared up in ten days. And the one thing he has a problem with, which is the trailer, they should give him a month. (At this point sever- al members were talking at one time - very difficult to hear on the tape.) Mr. Prater reminded the Board members that the Board has to go by the Inspector and they will need to have a "Now in Compliance" form before it can be cleared from the Board. He will be running periodic checksto see what they are doing. - 2 - Citizen Code Enforcement Board March 29, 1984 . , . p - o o Chief Overmqn said that he is not opposed to giving Mr. Lloyd until after Easter to get the van out, as long as he takes some immediate action on the other vehicles which he cannot make legal. He suggested that Mr. Lloyd call him to check to see that the van is gone when he has moved it. Mr. Lloyd said he will remove the small trailer and the camper out by the week- end, and he will move the legal vehicles out to the road, with their tags on them. Mr. Richardson motioned that within 20 days everything is to be cleared up and the storage shed is to be removed by the next meeting. Mr. Turano requested that his three points be added to the motion, i.e. there is to be immediate service on the cleaning up and that if this is not complied with within 20 days then we should start to talk about fines on the vehicles which he is going to be dumping, and he would like to see tangible evidence that Mr. Lloyd did try to junk something and they refused it, in writing, and third, the vehicle which he wants to work on and move after Easter will corne up to the Board again at the next meeting. Mr. Lloyd said he had six vehicles; he can move one the next day, one over the weekend and make the trailer legal the next week. The Chevrolet truck will be tagged and put out to the road this weekend. The boat will be tagged. The step van which is being used as a shed will be taken care of after Easter. Mr. Richardson withdrew his original motion. He motioned that they give Mr. Lloyd ten days to have everything cleared out, with the exception of the shed; he has until the next meeting to take care of the shed. Mr. Turano seconded the motion with the addition of the three items named earlier. The motion CARRIED 5-0. MISCELLANEOUS Mr. Dennis Fischer was present to speak about code violations. Mr. Fischer said that he has established the proper procedure for complaints. He noted there seemed to be more and more letters and anonymous phone calls. He wished to get with the Board to determine how the complaints should be delegated to the proper authority._ He asked for the Boards' feeling about the proper procedure regarding trash, stray dogs, etc. The Chief informed those present that an animal control officer has recently been hired. He stated that the Building Official and he would need to sit down and determine who is to do what regarding the Code ordinances. Mr. Fischer also pointed out the problem with abandoned residences; he noted that in other cities the Board has the right to impose a lien. Ther~ was a general discussion about code violations. Mr. Turano motioned to notify the City Council about the house Mr. Fischer was talking about to bring it to their attention that there is a possible violation outstanding at this time and that they should act on it. Mrs. Kane said that as the Code Board, they cannot bring complaints. Mr. Turano said he was not complaining, he was bringing it to their attention. He said that as a citizen of Edgewater, Mr. Fischer just told him and he is telling Council. The Chief suggested that it should be taken to the Council at their regular meeting rather than as a motion by the Board. Mrs. Kane said that as the Code Enforcement Board they can only police the action; they cannot bring the action. She suggested he do it as a citizen and not as a member of the Board. The motion died for lack of a second. Mr. Armstrong, in the audience, informed those 'present that there is an ordinance on the books concerning grass, weeds, or the property; if they become hazardous the City gives the property owner notice and a number of days to clear the property. Mr. Rosa motioned to adjourn the meeting, seconded by Mrs. Kane. The meeting was adjourned at 8:20 p.m. Minutes submitted by Joan Taylor - 3 - Citizen Code Enforcement Board March 29, 1984