09-29-1983
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CITY OF EDGEWATER
Citizen Code Enforcement Board
September 29, 1983
Minutes
Chairman Prater called the meeting to order at 6:58 p.m. in the Community
Center.
ROLL CALL
Members present: Mrs. Kane, Messrs. Prater, Richardson, Rotundo, Rosa and
Turano. Excused: Mr. Williams. Also present: Mrs. Taylor, Secretary,
and Chief Earl Baugh.
PUBLIC HEARINGS
Case No. 83-CC-5 - Douglas Webster - 126 Hiqhland Avenue, violation of Sec.
IB-2 and 18-6, (Llvinq in &has utilities hooked up to a 1973 Shasta Trailer).
It was determined that all parties have been properly notified and proper
documents are in the file. The secretary swore in Mr. Douglas Webster and
Chief Earl Baugh.
Chief Earl Baugh said that the trailer which was parked at the back of the
property has now been moved and Mr. Webster is in compliance. He suggested
that Mr. Webster be made aware of the code requirements pertaining to trailers
and that he not put a trailer back on the site until he gets permission to do
so; he can get permission to put a construction trailer on the site for a
period of 90 days.
Mr. Webster said he basically did not understand what it was about when he
got the first notice. He was working in Daytona and was not able to make
it to Edgewater to get the permit in the period of time established. He
thought it was just neighbors complaining and did not realize he had done
anything legally wrong. He said he moved the trailer two or three weeks ago.
Chief Baugh explained to him how to get a construction permit. The Chief
said he would sign the In-Compliance form.
Mr. Rotundo made a motion that this case be considered closed. Mrs. Kane
seconded the motion, which CARRIED 6-0.
Mrs. Taylor said that she would send him a copy of the In-Compliance Form.
83-CC-6 - Government Builders/Check Realty, 1822 Hibiscus Drive, violation
of Sec. 717.03 (iunk tractor on lot).
The secretary explained that according to the records, the Government Builders/
Check Realty had not signed the Certified Notice that they received the Notice
of Hearing and Subpoena. The Chief explained that the tractor still remains
on the property. Mr. Rosa noted that it is in a B-3 zone, but it appears to
be an abandoned vehicle. The Chief said that it is not operable and is untagged.
The Chief said he will attempt to get in touch with them. Mrs. Kane motioned
to table this case until the next meeting; Mr. Richardson seconded the motion
with the stipulation that we try to contact him by letter. The motion to
table CARRIED 6-0.
83-CC-7 - Phoebe Pyevac and Zora Pyevac, 206 S. Ridgewood Avenue, violation
of Sec. 717.03 (rubbish on property - needs clearing).
The Chief noted that there was no permit issued to destroy the building on this
property. The building is down - just a floor left. So the property owner
is in violation of two sections of the code (Section 104.1(e) and 717.03).
Mr. Prater stated that the nephew of the owner is living in an apartment
on the property in question. Mr. Prater suggested that the same notice
be mailed, changing the hearing date, and send the notice without a zip
code, as the zip code was not correct on the original letter which had been
returned. Mr. Rosa motioned that we remail the letter and table this case
until the next meeting. Mrs. Kane seconded the motion, which CARRIED 6-0.
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The Chief said he would make an effort to find out who was living at the
property.
UNFINISHED BUSINESS
Kroman/Vanzin dispute - It was brought to the attention of the members that
this matter was closed as far as the Code Board was concerned, per the
letter from the Building Official, which indicated that in his opinion there
was no violation. A motion was made by Mrs. Kane to clear this case from
the Board, as it should not have been brought to the Board, as it was a
civil matter. The motion was seconded by Mr. Richardson and CARRIED 6-0.
Review Rules and Regulations and Ordinance 82-0-23 (Citizen Code Enforcement
Board); suggesting changes and submitting to Council.
The members first discussed the requirement of Sec. 2-53 (e) which requires
that violators be notified in writing and hand delivered by a city police
officer, and copies of the ordinance and rules and regulations shall be
given to the violator. They discussed also the need for an alternate. Mr.
Prater said that the Board was formerly a six member board with an alternate,
but as of July of 1982 it became a regular seven member board. After a
lengthy discussion it was agreed to eliminate any reference to the alternate
in the ordinance and rules and regulations. Some of the members felt that
an alternate would be learning the procedures of the board and could step
in smoothly if a vacancy on the board occurred. Mr. Rosa noted that the City
is now looking for citizens for some of the boards and he felt it may be
better to use a man on another board rather than having him attend Code
Board meetings and not be able to vote. Mr. Richardson said that since there
werejust six members and now there is a full seven member board, he motioned
that the Board stay with the seven member board with no alternate. Mr. Rosa
seconded the motion, which CARRIED 5-1. Mr. Rotundo voted No.
Re. Sec. 2-53 (e) it was agreed to add at the end of the second sentence,
"or by certified mail".
It was agreed that the changes suggested be incorporated into a draft which
will be submitted to the members at the next meeting for their action.
Mr. Prater suggested that paragraph 2-53 (e), last sentence be changed to
indicate that a copy of the section of the ordinance which is being violated
and a copy of the hearing procedures be given to the alleged violator. The
members agreed with this suggestion.
The members discussed the need to be notified of a special meeting earlier
than 24 hours. A motion was made by Mrs. Kane to require a 48-hour notice
of a special meeting. The motion was seconded by Mr. Richardson and CARRIED
6-0.
The problem of serving a subpoena was discussed. The members noted that in
two cases scheduled for this meeting the violators did not receive the notice
of hearing and subpoena because they were out of town. It was suggested that
the City Attorney's opinion be sought as to how these matters should be handled
in the future.
The Board members next reviewed the Rules and Regulations. Re. Article V,
Sec. 3, the agenda material should now be ready three days prior to the
meeting. Section 2 will now read 48 hours notice for special meetings.
Section 4 will be changed to "Secretary" instead of "Chairman". All
references to the alternate should be removed. It was agreed to add
Miscellaneous as item 7 in the Order of Business on the agenda. Regarding
Article VII, the members suggested that the secretary bring this in com-
pliance with the new ordinance. Mr. Rotundo motioned that the secretary
retype this Article to bring it up to date with the ordinance. The motion
was seconded by Mr. Richardson and CARRIED 6-0.
Mr. Prater suggested that the section of the Rules .and Regulations pertaining
to the Hearing procedure be mailed to the violator, along with a copy of the
section of the ordinance being violated.
The members discussed advising the violator of the lien of $250 maximum per
day. The secretary asked if was necessary to include the hearing procedure
in the rules and regulations when the procedure is spelled out in the ordi-
nance. The members agreed that it would not be necessary to include this
Code Enforcement Board
September 29, 1983
- 2 -
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in the Rules and Regulations. They also agreed that if the section on
enforcement is in the ordinance it should not be included in the Rules
and Regulations.
After some discussion, it was determined that Section 2 of Article X was
not needed. They agreed that the Rules and Regulations should be altered
as necessary. Mr. Rosa made a motion to strike out Section 2 of Article X.
The motion was seconded by Mr. Turano and CARRIED 6-0.
Mr. Rotundo made a motion to adjourn, which was seconded by Mr. Richardson.
The meeting was adjourned at 8:35 p.m.
Minutes submitted by Joan Taylor
Citizen Code Enforcement Board
September 29, 1983 Minutes
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