06-25-2009
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CITIZEN CODE ENFORCEMENT BOARD
Thursday June 25, 2009
2:00 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER
Chairperson Linda Johnson called the regular meeting of the Citizen Code
Enforcement Board to order at 2:00 PM in the Community Center.
ROLL CALL
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Members present: Linda Johnson, Alice Haldeman, Glenn Barnhill, Ed Corn, and
Ben Wagner. Also present were Code Officer Robin Bell, Code Supervisor Angela
Desue, Board Attorney Ty Harris and Board Coordinator Tabitha Russell.
APPROVAL OF MINUTES
The Minutes for the regular meetings of April 9, 2009 and May 14, 2009 were
presented to the Board for approval. MOTION bv Ben Waaner. SECOND by
Ed Corn to adopt the minutes of Reaular Citizen Code Enforcement
Board on Aoril 9, 2009 and Mav 14. 2009 as written. MOTION
CARRIED UNANIMOUSLY!
SWEARING IN OF WITNESSES:
Code Officer Robin Bell and Code Supervisor Angela Desue, Melanie and Michael
Amato of 704 Fernald St.; Jerald Lenik of 1800 S. Riverside Dr.; Edward Akam of
1901 Juniper Dr.; Debra Stragato and Shawn Lambert of 117 Evergreen Ave.;
and Linda Quinn of 113 Evergreen Ave.
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CASES IN COMPLIANCE:
Case # 2009-CE-4003
Shangri La Management-132 Hotel Ave.
Code Enforcement Board Minutes
June 25, 2009
Page 1
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NEW BUSINESS:
Case #2009-CE-406L 704 Fernald St., Edgewater Florida: Roberta Cahoon.
Violation of Section 21-35.03 - Commercial Equipment /vehicles in a residential
area.
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Roberta
Cahoon in repeat violation of Section 21-35.03 of the Land Development Code
and continue the repeat citation fine of $150.00 and an additional fine of
$100.00 per day each day the violation exists past June 26, 2009 and for a lien
to be placed on the property if not satisfied by July 1, 2009. This case was
worked and managed by Code Officer Mike McGrath. Michael Amato who lives at
this location stated that he had been parking his equipment there for years prior
to the ordinance being adopted and felt he had vested rights. He stated he was
previously informed that since he is not the owner of the property he cannot file
the appeal. Therefore, he needs to wait until Ms. Cahoon comes back into town
so that she can file an appeal to the City Council.
MOTION bv Ed Corn, SECOND bv Ben WaGner to continue the item until
the October 15. 2009 meetinG. MOTION CARRIED UNANIMOUSLY
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Case #2009-CE-4060, 1800 S. Riverside Dr., Edgewater Florida: Jerald Lenik
and Cheryl Seiter. Violation of Section 21-35.03 - Commercial vehicle in a
residential area.
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Jerald Lenik
and Cheryl Seiter in violation of Section 21-35.03 of the Land Development Code
assessing a citation fine of $75.00 and an additional fine of $50.00 per day each
day the violation exists past June 26, 2009 and for a lien to be placed on the
property if not satisfied by July 1, 2009. This case was worked and managed by
Code Officer Mike McGrath. Jerald Lenik testified that he thought he had an
active building permit on the house at the time he received the citation. He
stated he has since moved the commercial vehicle.
MOTION bv Ed Corn. SECOND bv Glenn Barnhill that the Board finds
Jerald Lenik and Chervl Seiter in violation of Section 21-35.03 of the
Land DeveloDment Code and aGrees to waive the citation fine of $75.00
MOTION CARRIED UNANIMIOUSL Y.
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Code Enforcement Board Minutes
June 25, 2009
Page 2
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Case #2009-CE-3011, 1308 Umbrella Tree Dr.. Edgewater. Florida: Manuel and
Deborah Arana. Violation of Section 21-35.04 - Neglected premise.
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Manuel and
Deborah Arana in violation of Section 21-35.04 of the Land Development Code
assessing a citation fine of $75.00 and an additional fine of $50.00 per day each
day the violation exists past June 26, 2009 and for a lien to be placed on the
property if not satisfied by July 1, 2009. It is also recommended that the Board
issue a Board Order requesting the City Manager approve the removal of debris
by City staff if the violation is not corrected by June 26, 2009 and that a lien is
placed on the property. This case was worked and managed by Code Officer
Mike McGrath. No one was present to testify. MOTION bv Ben Waaner,
SECOND bv Alice Haldeman that the Board finds Manuel and Deborah
Arana in violation of Section 21-35.04 of the Land Develooment Code
and assesses the citation fine of $75.00. an additional fine of $50.00
per day each day the violation exists past June 26, 2009 and for a lien
to be placed on the property if not satisfied bv July 1, 2009. It is also
recommended that the Board issue a Board Order reauestina the City
Manaaer aoorove the removal of debris bv City staff if the violation is
not corrected bv June 26. 2009 and that a lien is olaced on the
orooertv. MOTION CARRIED UNAMIMOUSL Y.
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Case #2009-CE-1046 A & B. 2820 India Palm Dr.. Edgewater. Florida: Randall
Elbers. Violation of Sections 21-35.04 (Neglected Premises) and 21-36.10
(Swimming Pools).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Randall Elbers
in violation of Sections 21-35.04 & 21-36.10 of the Land Development Code and
assess the citation fine of $75.00 (for each violation) and for a lien to be placed
on the property if not satisfied by July 1, 2009. This case was worked and
managed by Code Officer Mike McGrath. No one was present to testify.
MOTION bv Ed Corn. SECOND bv Ben Waaner that the Board finds
Randall Elbers in violation of Section 21-35.04 of the Land
Develooment Code and assesses the citation fine of $75.00 and for a
lien to be olaced on the Drooerty if not satisfied bv July 1, 2009.
MOTION CARRIED UNAMIOUSL Y.
MOTION bv Ed Corn, SECOND bv Ben Waaner that the Board finds
Randall Elbers in violation of Section 21-36.10 of the Land
Development Code and assesses the citation fine of $75.00 and for a
lien to be olaced on the orooerty if not satisfied by July 1, 2009.
MOTION CARRIED UNAMIOUSL Y.
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Code Enforcement Board Minutes
June 25, 2009
Page 3
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Case #2009-CE-3037, 108 E. Pine Bluff St., Edgewater, Florida: Beatrice and
Warren Alty. Violation of Section 19-11 - Meters and Connections to Water
Distribution System Required.
Code Officer Robin Bell presented the case summary to the Board. Code Officer
Robin Bell presented staff's recommendation to find Beatrice and Warren Alty in
violation of Section 19-11 of the Code of Ordinances assessing a citation fine of
$75.00 and an additional fine of $50.00 per day each day the violation exists
past June 26, 2009 and for a lien to be placed on the property if not satisfied by
July 1, 2009. This case was worked and managed by Code Officer Robin Bell. No
one was present to testify.
MOTION bv Ben WaGner. SECOND bv Ed Corn that the Board finds
Beatrice and Warren Alty in violation of Section 19-11 of the Code of
Ordinances and assesses the citation fine of $75.00. an additional fine
Q1j50.00 per day each day the violation exists past June 26. 2009 and
for a lien to be olaced on the orooerty if not satisfied bv July 1, 2009.
MOTION CARRIED UNAMIMOUSL Y.
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Case #2009-CE-3036, 108 E. Pine Bluff St., Edgewater, Florida: Beatrice and
Warren Alty. Violation of Section 21-35.04 - Neglected premises.
Code Officer Robin Bell presented the case summary to the Board. Code Officer
Robin Bell presented staff's recommendation to find Beatrice and Warren Alty in
violation of Section 21-35.04 of the Land Development Code assessing a repeat
citation fine of $150.00 and an additional fine of $100.00 per day each day the
violation exists past June 26, 2009 and for a lien to be placed on the property if
not satisfied by July 1, 2009. It is also recommended that the Board issue a
Board Order requesting the City Manager approve the removal of debris by City
staff if the violation is not corrected by June 26, 2009 and that a lien is placed on
the property. This case was worked and managed by Code Officer Robin Bell.
No one was present to testify.
MOTION bv Ed Corn. SECOND bv Ben WaGner that the Board finds
Beatrice and Warren Alty in violation of Section 21-35.04 of the Land
Develooment Code and assesses the reoeat citation fine of $150.00. an
additional fine of $200.00 per day each day the violation exist oast
June 26. 2009 and for a lien to be olaced on the orooerty if not
satisfied bv July 1, 2009. It is also recommended that the Board issue
a Board Order reGuestinG the City ManaGer aoorove the removal of
debris bv City staff if the violation is not corrected bv June 26. 2009
and that a lien is placed on the orooertv. MOTION CARRIED
UNAMIMOUSL Y.
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Code Enforcement Board Minutes
June 25, 2009
Page 4
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Case #2009-CE-4024, 431 Palmetto St., Edgewater, Florida: Randy Rupert.
Violation of Section 21-56.03 - Property Maintenance.
Code Officer Robin Bell presented the case summary to the Board. Code Officer
Robin Bell presented staff's recommendation to find Randy Rupert in violation of
Section 21-56.03 of the Land Development Code assessing a citation fine of
$75.00 and an additional fine of $50.00 per day each day the violation exists
past June 26, 2009 and for a lien to be placed on the property if not satisfied by
July 1, 2009. It is also recommended that the Board issue a Board Order
requesting the City Manager approve the removal of debris by City staff if the
violation is not corrected by June 26, 2009 and that a lien is placed on the
property. This case was worked and managed by Code Officer Robin Bell. No
one was present to testify.
MOTION bv Alice Haldeman. SECOND bv Glenn Barnhill that the Board
finds Randy Ruoert in violation of Section 21-56.03 of the Land
Develooment Code and assesses the citation fine of $75.00. an
additional fine of $50.00 per day each day the violation exists past
June 26. 2009 and for a lien to be olaced on the orooerty if not
satisfied bv July I, 2009. It is also recommended that the Board issue
a Board Order reauestina the City Manaaer approve the removal of
debris bv City staff if the violation is not corrected bv June 26. 2009
and that a lien is placed on the prooertv. MOTION CARRIED
UNAMIMOUSL Y.
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Case #2009-CE-3060 (A,B&C), 3203 India Palm Dr" Edgewater, Florida: (Parcel
# 8402-01-08-2970) Sunco Construction Industries Development. Violation of
Sections 21-56.03(b) (Property Maintenance): 21-36.03 (Outdoor Storage) and
21-35.04 (Neglected Premises).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Sunco
Construction Industries Development in violation of Sections 21-56.03(b), 21-
36.03 and 21-35.04 of the Land Development Code assessing a citation fine of
$75.00 (for each violation) and an additional fine of $100.00 per day each day
(for each violation) the violation exists past June 26, 2009 and for a lien to be
placed on the property if not satisfied by July 1, 2009. It is also recommended
that the Board issue a Board Order requesting the City Manager approve the
removal of debris by City staff if the violation is not corrected by June 26, 2009
and that a lien is placed on the property. This case was worked and managed
by Code Officer Mike McGrath. Code Supervisor Desue presented a photograph
of the property in violation labeled Exhibit A for the Board to review. No one was
present to testify.
Code Enforcement Board Minutes
June 25, 2009
Page 5
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MOTION bv Alice Haldeman. SECOND bv Ben Waaner that the Board
finds Sunco Construction Industries Develooment in violation of
Section 21-56.03(b) of the Land Develooment Code and assesses the
citation fine of $75.00. an additional fine of $100.00 oer day each day
the violation exists oast June 26, 2009 and for a lien to be olaced on
the orooerty if not satisfied bv July 1. 2009. It is also recommended
that the Board issue a Board Order requestina the City Manaaer
approve the removal of debris by City staff if the violation is not
corrected bv June 26. 2009 and that a lien is placed on the orooerty.
MOTION CARRIED UNAMIMOUSL Y.
MOTION bv Alice Haldeman. SECOND bv Ben Waaner that the Board
finds Sunco Construction Industries Develooment in violation of
Section 21-36.03 of the Land Develooment Code and assesses the
citation fine of $75.00, an additional fine of $100.00 oer day each day
the violation exists oast June 26. 2009 and for a lien to be olaced on
the orooerty if not satisfied bv July 1. 2009. MOTION CARRIED
UNAMIMOUSL Y.
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MOTION bv Alice Haldeman. SECOND bv Ben Waaner that the Board
finds Sunco Construction Industries Develooment in violation of
Section 21-35.04 of the Land Development Code and assesses the
citation fine of $75.00. an additional fine of $100.00 oer day each day
the violation exists oast June 26. 2009 and for a lien to be placed on
the orooerty if not satisfied bv July 1. 2009. It is also recommended
that the Board issue a Board Order reauestina the City Manaaer
aoorove the removal of debris bv City staff if the violation is not
corrected bv June 26, 2009 and that a lien is olaced on the property.
MOTION CARRIED UNAMIMOUSL Y.
OLD BUSINESS/CONTINUED:
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Case #2009-CE-1027. 1901 Juniper Dr.. Edgewater. Florida; Edward Akam.
Violation of Section 21-36.09 - CanopiesfTemporary Carports.
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Edward Akam
in violation of Section 21-36.09 of the Land Development Code assessing a
citation fine of $75.00 and an additional fine of $50.00 per day each day the
violation exists past June 26, 2009 and for a lien to be placed on the property if
not satisfied by July 1, 2009. This case was worked and managed by Code
Code Enforcement Board Minutes
June 25, 2009
Page 6
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Officer Mike McGrath. Mr. Akam informed the Board that he has filed suit against
the City with the Circuit Court.
MOTION bv Ed Corn. SECOND bv Ben Waaner to continue the case until
the Auaust 13. 2009 meetina. The Board also reauests a brief summarY
from the leaal deoartment reaardina the status of the lawsuit. MOTION
CARRIED UNAMIMOUSL Y.
Case #2009-CE-2046, 307 N. Ridgewood Ave., Edgewater, Florida: Brian Burns
and Leslie Peterson. Violation of Section 21-34.06 - Recreational Vehicles.
Code Officer Robin Bell presented the case summary to the Board. Code Officer
Robin Bell presented staff's recommendation to find Brian Burns and Leslie
Peterson in violation of Section 21-34.06 of the Land Development Code
assessing a citation fine of $75.00 and an additional fine of $100.00 per day each
day the violation exists past June 26, 2009 and for a lien to be placed on the
property if not satisfied by July 1, 2009. This case was worked and managed by
Code Officer Mike McGrath. Debbie Stragato and Shawn Lambert who reside at
117 Evergreen Ave. complained of excessive traffic to and from the bar on the
easement that runs along their property and also stated that the family is living
in the bar. Similar complaints were stated from another neighbor, Linda Quinn
who resides at 113 Evergreen Ave.
MOTION bv Ben Waaner. SECOND bv Ed Corn that the Board finds
Brian Burns and Leslie Peterson in violation of Section 21-34.06 of the
Land Develooment Code and assesses the citation fine of $75.00, an
additional fine of $100.00 oer day each day the violation exists oast
June 26. 2009 and for a lien to be placed on the property if not
satisfied bv July 1. 2009. MOTION CARRIED UNAMIMOUSL Y.
CODE COMPLIANCE REPORT:
None.
PUBLIC COMMENT:
None.
BOARD DISCUSSION:
There was discussion amongst the Board regarding the recent passing of Ben
Delnigro. They wanted it stated for the record that they appreciated his service
on the Board and he will be greatly missed.
Code Enforcement Board Minutes
June 25, 2009
Page 7
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ADJOURNMENT
ChairDerson Linda Johnson adjourned the meetina at 4: 12 Dm.
Next Meeting scheduled for August 13, 2009 at 2 p.m.
Minutes respectfully submitted by,
Tabitha Russell
Board Coordinator
Code Enforcement Board Minutes
June 25, 2009
Page 8