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03-31-1983 - .. o Q CITY OF EDGEWATER Citizen Code Enforcement Board March 31, 1983 Regular Meeting Minutes Chairman Mason called the meeting to order at 7:08 p.m. In the conference area of the Community Center. ROLL CALL Members present: Mrs. Mason, Mrs. Kane, Mrs. Hoffman, Mr. Prater, Mr. Wargo Mr. Whittet and Mr. Williams. Excused: Mr. Hamel. Also present: Nancy Blazi, City Clerk and Mrs. Taylor, Secretary, and a member of the press. Public Hearing Case 83-CC-l - Thomas King - 2614 Pine Tree Drive - Violations of Section 717 and 717.02 of the Code. Mrs. Blazi, City Clerk, was present to swear In the witnesses. The following people swore to tell the truth: Chief Earl Baugh, Thomas King, Jimmy King, Tom King, Sheila King, Rosella King and Andy King. Mrs. Blazi was excused from the meeting. Mrs. Mason called the hearing to order. She introduced the Board members to the Respondent, Mr. King, and advised that the hearing was called because of the alleged violations of permitting litter on his property and failing to maintain the litter collection and storage area in a clean condition. Mr. King testified that he had received a copy of the Notification of Ordinance Violation Warning, and that he had read and understood the papers he had received. Chief Earl Baugh testified that the problem has existed at this residence for the past couple years. He said that the property had been cleaned up some, but the violation is a recurring one. He submitted two photographs taken on the day of the hearing as evidence. He said that this home is an unsightly one in comparison with the surrounding homes. He has had several complaints from citizens asking that action be taken to get it cleaned up. Mrs. King said she has been working in the yard ever since she got the last notice to clean it up. Mr. King said the garbage shown in the photograph has been there for a week and they have asked the City to pick it up, but "Marty" will not pick it up. They both stated that they have called the City numerous times and they will not pick it up. Mrs. King said that if she can carry it out to the street, they should pick it up, but he refuses to pick it up. The Chief said that they have made a lot of efforts to clean it up, but the situation still exists. One of the King children stated that she has put trash in boxes and called the City to pick it up, but by the time they came to get it it was scattered all around, because of rain and wind. Mrs. King said that they had a shed which had fallen down and they were waiting for the insurance company to come and look at it. They did not know how to get rid of the old shed, as they were not allowed to burn it. They asked if the City was supposed to pick up old furniture for them. The Chief explained that if you call the City Barn and ask them to come out, they will give you a price of what it will cost for the extra pick up. The Kings said that they did not know this. The Board members said that they had viewed the property and found it to be in deplorable condition each time they saw it. There was no ,further testimony. The hearing was adjourned. The Board reviewed the evidence and began their deliberations. Mr. Wargo said he had seen the property two months ago and it was in terrible condition, but he has not looked at it since then. Mrs. Hoffman said that two people were working in the yard when she saw it over a month ago, and she could not understand why the situation could not be alleviated. Mr. Whittet said the property was improved over what it had been earlier, but ~ o Q they had a long way to go to get it cleaned up. He felt that with com- passion on the part of the Board and harder work on the part of the Kings they could get the job done. He mentioned that he was not aware of the problem the Kings had in getting the trash picked up until tonights meeting. Because of the fact that they were not aware of the special pick-up he felt that should be taken into consideration. Mr. Prater agreed that the situation was as explained by the Chief. Chief Baugh estimated it would take about 30 days for the property to be brought up to the standards of the surrounding properties. Mr. Wargo moved to give the Kings 30 days to clean the property up so that it comes up to the standards of the neighborhood, and that a penalty of $10.00 a day be imposed for every day after the 30 days that it is not cleaned up. The motion was seconded by Mr. Prater and CARRIED 7-0. Mrs. Mason advised the respondent that they would receive a notice of the Findings of the Board in writing within ten days. The fine will start 30 days from this date if the Code Enforcement Officer finds it to be in Non-compliance. Mr. Alvarez spoke to the respondents, emphasizing that he advises the City Board and the City Council, and did not present the case against them. The case was presented by the Chief of Police. He advised the Kings that the Board has the power to levy up to $250 a day in fines. That fine will con- stitute a lien against their property, and it will be enforced in the same manner as a judgment from a court. That is, the sheriff will levy against the personal property. It is a serious pro~lem. Mrs. Hoffman was excused from the meeting at 7:30 p.m. 82-CC-22 - Hermosa Palms Condominiums Mrs. Mason noted that at her last inspection of this property it was not cleaned up. She said that the paper on the property has reverted back to Mr. Hamel, a member of the Code Enforcement Board. She was advised by Mr. Hamel that he would take care of the property this week, through Willy Woods. Mr. Prater said he had talked with Mr. Hamel and that Mr. Hamel was in the process of hiring someone with a truck to go in and clean it up. Mr. Prater moved to table this matter until the next meeting. The motion was seconded by Mrs. Kane and CARRIED 6-0. Ponderosa Homes, Inc. - buffer at 1834 Evergreen Mrs. Mason said they have received a letter from Mr. Barrett stating that he is going to take care of planting the buffer. She read the letter, which was addressed to Charles Murphy, Building Official. In the letter he states that he will take care of the planting within the next ten days, and this has been done. Mr. Wargo motioned that this item be cleared from the Board, seconded by Mr. Whittet, and CARRIED 6-0. Mrs. Mason referred to a matter sent to the Code Board by City Council concerning privacy fences constructed around Lots 22 and 24 in Highland Shores. ~he Chairman said that because it came to the Board incorrectly (not through an Enforcement Officer) she did not believe the Board could take any action on it. Chief Earl Baugh said that he could see no violation regarding blocking of the intersection. He said that he and Sgt. Lenz measured from the point of intersection south and east 50,lfeet - each stood at a point SO feet from the intersection and they could still see each other. He also pulled into the driveway at Lot 23 and found no hazard to traffic backing out of the driveway. He could not comment on Sec. 706.00 of the Code as that pertained to the Building Official. Mr. Wargo presented photographs which he had taken of the fence. It was his opinion that it was a violation of Sec. 706.00. He questioned whether the fence would obstruct a fire department and keep them from getting in and fighting a fire. Citizen Code Enforcement Board March 31, 1983 - 2 - o o Mr. Whittet suggested that the Building Official be contacted to institute the proper forms. Mr. Wargo thought he should come to the next meeting and explain the matter to the Board. Mr. Alvarez reviewed the case - noting that the petltlon was filed with the City Council. They in turn said it was outside of their jurisdiction and forwarded it to the Code Board. The Chief says there is no violation at the corner and the view of oncoming traffic is not prohibited. The question remains whether or not there is a violation as to the Building Inspector, whether or not he issued the permits. This matter should never enter deliberation until it has been determined that there is a violation. That question can only be answered by receiving communication from the Building Official. He suggested sending Mr. Murphy the form and have him fill it out - is there a violation or not? He suggested that he be specific when he states there is a violation or there is not a violation. Chief Baugh said he would fill out the form also as it pertains to his area. The City Attorney said that the matter is not now before the Board as an alleged violation. There was discussion as to whether the City Attorney should be at the Code Enforcement Board meetings. All members felt he should, and Mr. Alvarez agreed that if there was one board where he should be present it is the Code Board. Mr. Alvarez explained how the Code Enforcement Board came about. Mr. Prater asked agaln about a member missing two consecutive meetings without cause. Mr. Alvarez said that was in the State Statute. Mrs. Taylor asked whose job it was to report two absences to Council, and Mr. Alvarez said as record keeper it was up to the secretary. He read from the Code - noting that it says that the Board shall declare the members office vacant, if any member fails to attend two out of three successive meetings without cause. He noted that the cause for removal shall be as provided in the ordinance, not the State Statute. He recommend- ed that the Council be advised to amend the ordinance to establish what will constitute cause. The meeting was adjourned at 8:05 p.m. Minutes submitted by Joan Taylor Citizen Code Enforcement Board March 31, 1983 - 3 - (-+~ .3(31/~ &-U. . /(/I~ ~ I~ IJg; ~\ 1- I . a1~ !~.~ ---- , 11:: ~ =~ I ~ I( '0";- I Pk ~f( 0hro., fn, I' /;V~ (/ ut II ,I ~~ .ft\U-..---L ~ I ~ /1 IL. ,7 f.A/ I~f.-a-n..... w~ I ~ ~ ~ ~ II . I( Jw " 2~1' I I -. I I I I I