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08-25-1988 CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD AUGUST 25, 1988 7:00 P.M. CITY HALL MINUTES The meeting of the Citizen Code Enforcement Board was called to order by the Vice Chairman, Phil Williams, in the Conference Room of City Hall at 7:00 p.m. ROLL CALL Members present were: Maureen Borner, Janice McGhee, Delores Cucanich, Paul Biggerstaff and Phil Williams. Mary Ciccarello was excused. Also present were: Mr. and Mrs. William Martin, Mr. Harrie Tiffany, Attorney Judson Woods, Code Enforcement Officer /Building Official Dennis Fischer, Assistant Code Enforce- ment Officer /Safety Inspector Pat DiLeva. Mr. Thomas Sheridan, Chairman, Screening Committee, was also Rresent with members Dominick Fazzone and William Hoffart. Mr. Williams asked the secretary to read the procedure of the Citizen Code Enforcement Board Hearings, which was done. Mr. Williams then called the first case. 88 -CC -4 - HARRIE V. TIFFANY - Section 714.00 - REHEARING - Storing building materials on empty lot in a residential zone. Mr. Williams asked anyone present who expected to speak at this hearing to please stand and be sworn in. Mr. DiLeva conducted the swearing in ceremony. Mr. Williams then announced he would like to say he was not aware of this, but the Board is supposed to send out public notices of all hearings and he apologized to Mr. and Mrs. Martin, saying they did not realize they should have been at the meeting. He also continued, this Board always tries to hold down personal feelings and comments but it sometimes gets too far, so he would like it known this evening there are to be no cases mentioned, nothing, and feelings must be controlled. Mr. Williams called upon Mr. Fischer to review the case. Mr. Fischer stated Mr. Jones was initially involved but is at the firehouse this evening and is excused. Mr. Fischer said he would bring the Board up to date and they can go on from there. He then revealed each step taken by the respondent and the complainant, stating Attorney Judson Woods, representing the complainants, Mr. and Mrs. Martin, was very concerned that the Martins had not been notified of the original hearing and accordingly a letter was sent to the City Manager. Consequently, he said a new ad was placed in the newspaper. notice of a rehearing, and a letter sent to Mr. Tiffany to reappear at this hearing. Mr. Fischer also said he believes the reason we are all here this evening is to open the case again for further discussion and to hear from the Complainants adjoining this property. Attorney Woods then asked Mr. Fischer if he considers the poles as building materials as set forth in Section 714.00 and Mr. Fischer answered yes. Attorney Woods then asked if Mr. Fischer saw any action at all to using these as landscaping materials and Mr. Fischer said no. Mrs. Martin then stated she lives at 1409 South Riverside Drive and just wanted to say last February, a bunch of logs were found piles helter skelter against their fence. She said she went to see Mr. David Jones and he said he would get in touch with the property owners. Mrs. Martin said nothing happened for quite a while, but in the meantime, she was practically choking as the logs were soaked with creosote which pervaded the air. Mrs. Martin also said the logs were breeding rats and snakes to the extent she had to call the police. Attorney Woods said he represents another neighbor who is now deceased whose home was appraised at $175,000. and believes no one who owns a home along the river, or anywhere, would want this next to their home and he believes it is a strict violation of Section 714.00 w1✓ Mrs. Martin then said she believes you have to have a permit for building materials and Mr. Williams asked Mr. Fischer if a permit is required for landscaping. Mr. Fischer said no, only for building. Mr. Williams then asked Mr. Tiffany several questions, such as if he owned the house, to which he answered yes. Mr. Tiffany then spoke on his own behalf, saying he is a property owner in Edgewater, has been a cub scout leader, has always obeyed the Codes. Mr. Tiffany also stated he believes we are appealing a case which had already been decided but is now up for rehearing. After a lengthy discussion, Mr. Williams asked Mr. Tiffany to please let them know what he is going to do with the logs. Mr. Tiffany replied he can guarantee the logs are to be used for landscaping. Attorney Woods said if the logs are going to be used for landscaping they should not be stored there; they should be removed and then do the landscaping. Mr. Williams answered that will be up to the Board to decide. Mr. Williams then closed the hearing for both parties to speak and opened the hearing for discussion. Mrs. McGhee asked where Mr. Tiffany's house is located and was told it was across the street. Mrs. Borzner remarked the lot is on the east side and the house on the west and then asked Mr. Tiffany when he intends doing this, this year, next year? Mr. Tiffany said he had explained to the Board what has kept him busy;;that he hopes to get action this year. Mrs. Borzner then asked when he expects to start, to which he replied immediately. Mrs. Cucanich asked if he had any idea how long this would take and Mr. Tiffany said about one year, as the poles have to be moved, holes dug, etc. Mr. Williams then asked Mr. Fischer if the poles would have to be moved and Mr. Fischer informed the Board the steps to be taken for construction, including landscaping. Mr. Williams said he believes the Board wants Mr. Tiffany to get that pile down, not heaped in one spot; to put them where he wants and work on them as he goes so the smell is not so strong in one spot. Attorney Woods said he just wants him to move those logs as he is in violation of the Code. Mr. Williams said he is not sure of that, as he does have materials there for landscaping and not building. Mrs. Cucanich then moved Mr. Tiffany be given thirty days to start landscaping; that he finish the job by the February meeting of the Board, at which time he is to appear before the Board and if it is not done by then, a fine can be imposed. The motion was seconded by Mrs. McGhee and CARRIED 5 -0. Mr. Williams then called for hearing on the next case. 88 -CC -38 - CAROL KRISANOVIC - Section 717.00 - Auto Parts and Trash around home. Mr. DiLeva stated Mrs. Krisanovic is now in compliance. Mr. Williams asked the secretary about the new rules for advertising in the paper, which she explained as having to be in the newspaper ten days before the meeting; that subpoenas have to be served ten days before the meeting; that interested parties must be informed by certified mail. Quite a discussion ensued, with Mr. Fischer saying we have to back up our cut -off dates to the Board, so if persons are not cited by the first of the month he will not be seen until the next meeting, with Mr. Williams adding in other words, they are really getting forty five days. A discussion was held, also, as to complainants who do not want to be known and Mr. Fischer said then they have to be duly notified. Mr. DiLeva said there are some instances where the complainant must sign, such as the Swayne case. Mr. DiLeva discussed several cases he would like the Board to hear where registered letters are sent and never picked up, and Attorney Jose' Alvarez suggested with the Board's authority, have the City cut the grass and send them a bill. Mr. Williams said perhaps this would have to be on the agenda for the next meeting, if not in compliance by then. Mr. DiLeva then said the case of Mr. and Mrs. Simmonds concerned property which had been sold and not on the City records as yet, but the City will cut it and send the bill to the new owners who have been located by Mr. DiLeva. Citizen Code Enforcement Board Minutes of the August 25, 1988 meeting -2- Mr. DiLeva said he has another problem. If the Board recalls, Mr. DiLeva said he had the Codes changed on "Junk Cars ", stating if a car can be moved it is not a junk; it did not say the car had to start and run to move. Mr. DiLeva said evidently Mr. Frank Morris is pushing his car from one place to another and six witnesses want to file a complaint. Mr. DiLeva said he cannot tell if the car has been moved physically or if Mr. Morris has driven it, so there may have to be something done about the Ordinance again saying it has to move on its own power. Mr. DiLeva said he sent a patrolman there to cite Mr. Morris and again the car was moved, so Mr. DiLeva had to release him. Mr. Clark has now appeared with six more signatures saying he wants that car moved. Mr. DiLeva said he told Mr. Clark he would come before the Board and ask their opinion. Mr. DiLeva explained the procedure he follows and Mr. Williams said if the car has all its doors and has a tag on it, what is the problem, and Mr. DiLeva said that is what he tells Mr. Clark. After discussion of this subject, Mr. DiLeva said he just wanted to let the Board know this may be coming before them next month. Mr. Williams then stated we had skipped approval of minutes. Mrs. Cucanich moved we accept both sets of minutes, The minutes of June 30, 1988 were accepted 4 -1, Mr. Williams having been absent. The minutes of July 28, 1988 were accepted 5 -0. There being no further business before the Board, Mrs. McGhee moved the meeting adjourn, seconded by Mrs. Cucanich. The meeting adjourned at 8:05 p.m. Minutes submitted by Dorothy C. Garrity, Secretary Citizen Code Enforcement Board Minutes of the August 25, 1988 Meeting -3-