02-11-2010
CITIZEN CODE ENFORCEMENT BOARD
Thursday, February 11, 2010
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
Members present: Linda Johnson, Alice Haldeman, Glenn Barnhill, Ben Wagner,
Ed Corn, Gail Anderson and Sherry Lester. Also present were Code Officers
Robin Bell and Mike McGrath, Code Supervisor Angela Desue, City Attorney Ty
Harris and Board Coordinator Tabitha Russell.
APPROVAL OF MINUTES
The Minutes for the regular meeting of January 14, 2010 were presented to the
Board for approval.
MOTION bv Alice Haldeman. SECOND bv Gail Anderson to adoot the
minutes of the Regular Citizen Code Enforcement Board meetina on
Januarv 14. 2010. as written.
MOTION CARRIED UNANIMOUSL y~
SWEARING IN OF WITNESSES:
Code Officers Robin Bell and Mike McGrath, Code Supervisor Angela Desue,
Tracey Barlow and Dennis Fischer - City of Edgewater, John Prater-419 Sea
Hawk Ct., Mark Hall-124 Faulkner St.
Code Enforcement Board Minutes
January 14,2010
Page 1
CASES IN COMPLIANCE:
Case# 2009-CE-1208
Tanya Marie Sievert- 2924 Vista Palm Dr.
There was a consensus among the Board to move Case # 2009-CE-9046 to the
beginning of the agenda.
NEW BUSINESS:
Case #2009-CE-9046, 419 Sea Hawk Ct., Edgewater Florida: John M. Prater Sr.
Violation of Section 21-32.01 (Zoning).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find John M.
Prater Sr. in violation of Section 21-32.01 of the Land Development Code
assessing a citation fine of $75.00, and additional fine of $50.00 per day for each
day the violation exists past February 12, 2010 and for a lien to be placed on the
property if not satisfied by February 17, 2010. This case was worked and
managed by Code Officer Robin Bell. Dennis Fischer, Building Official, provided
background information regarding the building permit and use of the property.
Tracey Barlow, City Manager, provided background information regarding the
contents of the unit and what would need to be done to bring the property into
compliance. Mark Hall, representing Mr. Prater, spoke to the Board in regards to
the violation.
MOTION bv Ed Corn. SECOND bv Glenn Barnhill that the Board finds
John Prater in violation of Section 21-32.01 of the Land Develooment
Code assessing a citation fine of $75.00 and an additional fine of
$50.00 per day for each day the violation exists oast March 11. 2010.
The Board gives Mr. Prater until March 11. 2010 to come into
compliance accordina to the followina conditions as outlined bv City
Manaaer Barlow:
· Remove any furniture commonlv used or associated with livina
units;
· Remove kitchen unit that would aive the oerception that it was a
livina unit;
· Get buildina permit for all partition walls that were added after
the CO was issued.
· Remove mattresses. box sprinas. etc.;
· Stipulate that it cannot be used as any type of livina unit; and
· The Staff will record with the Property Appraiser and Clerk of
Court that it is an accessory structure and cannot be used as a
livina unit.
Code Enforcement Board Minutes
January 14,2010
Page 2
If the orooerty is not brouaht into comoliance accordina to the above
conditions bv March 11, 2010, the fines are retroactive to Februarv
15.2010 and a lien is to be olaced on the orooerty if not satisfied by
March 11. 2010.
MOTION CARRIED UNANIMIOUSL Y.
Case #2009-CE-1227. 2509 Victory Palm Dr... Edgewater Florida; Matty Harkho.
Violation of Section 10-98 (Property Maintenance ).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Matty Harkho
in violation of Section 10-98 of the Code of Ordinances assessing a citation fine
of $75.00 and for a lien to be placed on the property if not satisfied by February
17, 2010. This case was worked and managed by Code Officer Robin Bell. No
one was present to testify.
MOTION by Ben Wagner. SECOND bv SherrY Lester that the Board finds
Mattv Harkho in violation of Section 10-98 of the Code of Ordinances
and assesses the citation fine of $75.00 and for a lien to be olaced on
the orooerty if not satisfied by Februarv 17. 2010.
MOTION CARRIED UNANIMOUSLY.
Case #2009-CE-1210. 3422 Tamarind Dr. Edgewater Florida; William and
Suzanne Inklebarger. Violation of Section 10-98 (Property Maintenance).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find William and
Suzanne Inklebarger in violation of Section 10-98 of the Code of Ordinances
assessing a citation fine of $75.00 and an additional fine of $50.00 per day for
each day the violation exists pasts February 12, 2010 and for a lien to be placed
on the property if not satisfied by February 17, 2010. It is also recommended
that the Board issue a Board Order requesting the City Manager approve the
cutting of the grass by City staff if the violation is not corrected by February 12,
2010 and that a lien is placed on the property. This case was worked and
managed by Code Supervisor Angela Desue. No one was present to testify.
MOTION bv SherrY Lester. SECOND bv Glenn Barnhill that the Board
finds William and Suzanne Inklebaraer in violation of Section 10-98 of
the Code of Ordinances and assesses the citation fine of $75.00. an
additional fine of $50.00 per day for each day the violation exists past
Februarv 12. 2010 and for a lien to be olaced on the orooerty if not
satisfied bv Februarv 17. 2010. It is also recommended that the Board
issue a Board Order reauestina the City Manaaer aoorove the cuttina of
Code Enforcement Board Minutes
January 14,2010
Page 3
the grass bv City staff if the violation is not corrected by Februarv 12,
2010 and that a lien is placed on the orooerty.
MOTION CARRIED UNANIMIOUSL Y.
Case #2009-CE-1237 (A & B), Guava Dr. (Parcel #8402-01-06-7230),
Edgewater Florida: Alan Chow. Violation of Section 10-98 (A) (Property
Maintenance)and Section 21-53.10 (B) (Plan Adherence of the City of
Edgewater's Code of Ordinances and Land Development Code).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Alan Chow in
violation of Sections 10-98 of the Code of Ordinances and 21-53.10 of the Land
Development Code assessing a citation fine of $75.00 and an additional fine of
$50.00 per day for each day the violation exists pasts February 12/ 2010 and for
a lien to be placed on the property if not satisfied by February 17/ 2010. It was
also recommended that the Board issue a Board Order requesting the City
Manager approve the cutting of the grass and repairing of the silt fence by City
staff if the violations are not corrected by February 12/ 2010 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 Alice Haldeman. SECOND bv Ed Corn that the Board finds
Alan Chow in violation of Section 10-98 of the Code of Ordinances and
assesses the citation fine of $75.00, an additional fine of $50.00 per
day for each day the violation exists past Februarv 12. 2010 and for a
lien to be olaced on the property if not satisfied bv Februarv 17, 2010.
It is also recommended that the Board issue a Board Order reauestina
the City Manaaer aoorove the cuttina of the arass by City staff if the
violation is not corrected by Februarv 12, 2010 and that a lien is placed
on the orooertv.
MOTION CARRIED UNANIMIOUSL Y.
MOTION by Ed Corn. SECOND bv Glenn Barnhill that the Board finds
Alan Chow in violation of Section 21-53.10 of the Land Develooment
Code and assesses the citation fine of $75.00. an additional fine of
$50.00 per day for each day the violation exists cast Februarv 12. 2010
and for a lien to be olaced on the orooerty if not satisfied bv Februarv
17, 2010. It is also recommended that the Board issue a Board Order
reauestina the City Manaaer aoorove the reoairina of the silt fence by
City staff if the violation is not corrected bv Februarv 12. 2010 and that
a lien is placed on the orooertv.
MOTION CARRIED UNANIMIOUSL Y.
Code Enforcement Board Minutes
January 14, 2010
Page 4
Case #2009-CE-1226, 1328 Victory Palm Dr., Edgewater Florida: Deutsche Bank
National Trust & Ocwen Loan Servicing. Violation of Section 19-98 (Property
Maintenance).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Deutsche
Bank National Trust & Ocwen Loan Servicing in violation of Section 10-98 of the
Code of Ordinances assessing a citation fine of $75.00, and an additional fine of
$50.00 per day for each day the violation exists past February 12, 2010 and for a
lien to be placed on the property if not satisfied by February 17, 2010. It is also
recommended that the Board issue a Board Order requesting the City Manager
approve the cutting of the grass by City Staff if the violation is not corrected by
February 12, 2010. This case was worked and managed by Code Officer Mike
McGrath No one was present to testify.
MOTION bv Gail Anderson, SECOND bv Glenn Barnhill that the Board
finds Deutsche Bank National Trust & Ocwen Loan Servicino in
violation of Section 10-98 of the Code of Ordinances and assesses the
citation fine of $75.00, an additional fine of $50.00 oer day for each
day the violation exists cast Februarv 12, 2010 and for a lien to be
placed on the property if not satisfied bv Februarv 17, 2010. It is also
recommended that the Board issue a Board Order reouestino the City
Manager approve the cuttino of the orass bv City Staff if the violation is
not corrected by Februarv 12, 2010 and that a lien is be olaced on the
orooertv.
MOTION CARRIED UNANIMIOUSL Y.
Case #2009-CE-1213, 1903 Mango Tree Dr., Edgewater Florida: Thomas
Belmonte Jr. Repeat Violation of Section 10-82 (Commercial 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 Thomas
Belmonte Jr. in repeat violation of Section 10-82 of the Code of Ordinances
assessing a citation fine of $150.00 and an additional fine of $100.00 per day
each day the violation exists past February 12, 2010 and for a lien to be placed
on the property if not satisfied by February 17, 2010. This case was worked and
managed by Code Officer Mike McGrath. No one was present to testify.
MOTION bv Glenn Barnhill, SECOND bv SherrY Lester that the Board
finds Thomas Belmonte Jr in reoeat violation of Section 10-82 of the
Code of Ordinances and assesses the reoeat citation fine of $150.00, an
additional fine of $100.00 oer day each day the violation exists cast
February 12. 2010 and for a lien to be olaced on the orooerty if not
satisfied bv Februarv 17, 2010.
MOTION CARRIED UNANIMIOUSL Y.
Code Enforcement Board Minutes
January 14, 2010
Page 5
OTHER BUSINESS:
None at this time.
CODE COMPLIANCE REPORT:
Code Supervisor Desue informed the Board that in January Code Enforcement
did a sweep of Florida Shores that resulted in 298 violations that were not
grass/weed issues. These violations will be coming in front of the Board within
the next few months.
PUBLIC COMMENT:
BOARD DISCUSSION:
Mr.Wagner stated he does not have a current updated contact list for the Board.
He would like to have one distributed to the Board at the next meeting.
ADJOURNMENT
Chairoerson Linda Johnson adjourned the meetina at 3:13 p.m.
Next Meeting scheduled for March 11, 2010 at 2 p.m.
Minutes respectfully submitted by,
Tabitha Russell
Board Coordinator
Code Enforcement Board Minutes
January 14, 2010
Page 6