08-27-1981
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING
August 27, 1981
CALL TO ORDER
Chairman John Zeller called the regular meeting of the Citizen Code
Enforcement Board of the City of Edgewater, Florida to order at
7:00 P.M. in the Community Center.
ROLL CALL
John Zeller
Russell Prater
Charles Hamel
Phillip Williams
Lois Kane
Frank Richardson
Dan Holahan
Present
Excused
Present
Present
Excused
Present
Present
City Attorney Clay Henderson was also present, as well as Police
Chief Earl Baugh and Building Official Charles Murphy.
For the record, Mr. Dan Holahan, alternate member, replaced Mr. Prater
as a voting member.
APPROVAL OF MINUTES
Mr. Zeller requested the minutes of July 23rd reflect that Mr. Holahan
replaced Mr. Hamel as a voting member.
Mr. Holahan made a motion to approve the minutes of July 23rd, which
was seconded by Mr. Richardson. The motion CARRIED 5-0.
PUBLIC HEARINGS
Case No. 81-CC-l Mr. W. R. Aikens
Mr. Zeller reviewed the Outline of Procedure and intent of the Board
concerning the alleged violation of Mr. Aikens, Modern Motors,
located at 333 N. Ridgewood regarding Ordinance 79-0-25, Section 3-3
of the Code of Ordinances.
The secretary reported that all parties had been properly noticed,
and the proper documents were on file.
Mr. Aikens and Police Chief Earl Baugh were sworn in and the Board
members were introduced.
The secretary read the complaint concerning the violation of having
pennants displayed and flying in front of the car business.
Police Chief Baugh reported the complaint had been initiated by
Mayor Christy and he requested Mr. Aikens to remove the pennants,
at which time Mr. Aikens became quite indignant.
Mr. Holahan questioned the pennants causing a peril to the health,
life and welfare of the public.
Mr. Aikens stated he is only a small dealership and not having the
pennants would create a hardship on his business. He further felt
that having pennants flying is "customary" for this type of business.
After further review of the facts and presentation of a photo of the
pennants marked Exhibit A, and there being no further testimony,
Chairman Zeller declared the public hearing adjourned.
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Mr. Holahan made a motion to table the hearing for 31 days and
let the Council make a decision whether or not they want to give
a car dealer a right to use pennants. The motion DIED for lack
of a second.
There was further discussion regarding the ordinance being in effect
and Mr. Aikens being in direct violation of the ordinance, regardless
of how the members felt personally about the ordinance.
Mr. Holahan stated he felt there is a hardship involved and Mr. Aikens
should be given the right to go to the Board of Adjustments with an
appeal.
Mr. Henderson stated a request for a variance is ordinarily a request
prior to attempting to do that which an ordinance does not condone.
Appeals for findings of the Board would have to be submitted to the
Circuit Court.
Mr. Richardson made a motion that the Board find Mr. Aikens in
violation of the subject ordinance and so notified tonight and be
given seven (7) days to comply with the ordinance and a fine of
$50.00 be assessed. Mr. Williams seconded the motion.
Upon roll call the motion DID NOT CARRY 3-2. Mr. Hamel and
Mr. Holahan voted NO.
Mr. Hamel made a motion that the Board find Mr. Aikens in violation
of the subjectordlrrance and so notified tonight and be given seven (7)
days to comply with the ordinance and if the pennants not removed
by then a fine of $50.00 be assessed, with an additional $10.00 per
day after then. Mr. Williams seconded the motion.
Upon roll call the motion CARRIED 5-0.
It was noted the Findings of Fact, Conclusions of Law, and Order would
be sent to Mr. Aikens.
OLD BUSINESS
Mr. Zeller requested copies of all updated forms be included in the
next agenda packages.
VIOLATION AFFIDAVITS FILED
Case No. 8l-CC-5 Floyd Niemiec re Robert Ohlson
Mr. Niemiec filed a violation affidavit against Mr. Ohlson, stating
he was in violation of the litter ordinance 81-0-17, S~ction 717.
Chief Baugh reported he had inspected the area and stated he felt
no violation exists. Several of the Board members had also inspected
the area and felt there was no violation.
Mr. Richardson made a motion that no action be taken on the
Affidavit of Violation against Mr. Ohlson. Mr. Holahan seconded the
motion.
Upon roll call the motion CARRIED 5-0.
NEW BUSINESS
The revision of the Notice of Hearing form #CCEB 81-3 to include
"Hand delivered, with Affidavit of Service" was discussed.
Mr. Holahan made a motion to make the addition to the form as
discussed, which was seconded by Mr. Hamel.
Upon roll call the motion CARRIED 5-0.
Citizen Code Enforcement Board Meeting 8/27/81
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The City Attorney congratulated the Chairman and secretary on the
preparation of the Outline of Procedure, stating he felt it had
helped the meeting proceed in an orderly manner.
Mr. Williams requested the Police Chief check on any other businesses
in the City that might have pennants flying, since this had been an
indication during the testimony in Mr. Aiken's case. The Board agreed
this would be a good idea.
ADJOURN
There being no further business, Mr. Richardson made a motion to
adjourn the meeting, which was seconded by Mr. Holahan. The meeting
was adjourned.
Minutes submitted by:
Patti McCann
Citizen Code Enforcement Board Meeting 8/27/81
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