08-25-2011 City of
r iDG Inc. 1931 TER
CODE ENFORCEMENT BOARD
Special Meeting
Thursday, August 25, 2011
2:00 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER
Chairperson Linda Johnson called the regular meeting of the Code Enforcement
Board to order at 2:01 PM in the Community Center.
ROLL CALL
Members present: Linda Johnson, Ed Corn, Glenn Barnhill, Gail Anderson, Ben
Wagner, Alice Haldeman and Sherry Lester. Also present were Capt. Jeff Lariscy,
Code Officer Mike McGrath, Code Board Attorney Ty Harris, City Attorney Aaron
Wolfe and Board Coordinator Shontella Jackson.
APPROVAL OF MINUTES
The Minutes for the regular meeting of August 11, 2011 were presented to the
Board for approval. MOTION by Ed Corn, SECOND by Glenn Barnhill to
ado ' t the minutes of the Regular Code Compliance Board meetin • on
August 11, 2011, as written. MOTION CARRIED UNANIMOUSLY.
SWEARING IN OF WITNESSES:
Christopher Fisher of 200 Howard Ave.; New Smyrna, FL; Patrick Stanton of 637
Yupon Ave.; New Smyrna, FL; Karl Carder of 1305 Royal Palm Dr.; Edgewater,
FL; Henry McKelvey of 2316 Willow Oak Dr.; Edgewater, FL; Eric & Michelle Tuck
of 2225 Fern Palm Dr.; Edgewater, FL; Walter Gilbert Commander of the Sons of
Amvet, Edgewater, FL; George Schramm of 1705 Bradford Rd.; Edgewater, FL;
Tabitha Russell of City of Edgewater Planning Dept, Code Officer Mike McGrath
and Capt. Jeff Lariscy were sworn in.
Code Enforcement Board Minutes
August 25, 2011
Page 1
CASE(S) IN COMPLIANCE:
None.
NEW BUSINESS:
Case #2011 -CE- 104632, 2111 S. Ridgewood Ave., Edgewater Florida; James C.
Carder Tr., Violation of Section 21 -33 (Restrictions).
Code Supervisor Jeff Lariscy presented the case summary to the Board. Code
Supervisor Jeff Lariscy presented staff's recommendation to find James E. Carder
Tr. in violation of Section 21 -33 of the Code of Ordinance and accessing the
citation fine of $75.00 and an additional fine of $100.00 per day each day the
violations exists past August 26, 2011 also for a lien to be placed on the property
if not satisfied by August 31, 2011. Code Supervisor Jeff Lariscy stated he
contacted a representative of the property, Mr. Karl Carder and notified him of
the violation. Mr. Carder signed the notice of violation on August 1, 2011. Code
Supervisor Jeff Lariscy stated he made contact with Commander Fisher of the
Amvet and they negotiated that the machines would be covered with a tarp,
unplugged and turned around. Code Supervisor Jeff Lariscy stated the machines
are not owned by Amvet and they stated that the machines could not be
removed before October 1, 2011; therefore a citation was issued. Patrick
Stanton, representative of the company that owns the equipment. Mr. Stanton
states that he believes the machines are allowed under Florida Station 551.102.
Mr. Stanton states his company has a case pending with the State since 2009 but
has not received a decision. The club is not an Internet cafe and machines are
conducting an allowed drawing by chance without the promotion of consumers
good or product. Board Attorney Ty Harris asked Mr. Stanton if they have
requested an official interpretation from the City of Edgewater. Mr. Harris
commented that it is a written request of the interpretation of the code. City
Attorney Aaron Wolfe questioned if there was a fee to join the club? Chris Fisher
Commander of Post 2 states we strongly disagree with Mr. Lariscy interpretation.
Mr. Fisher states that they have unplugged the machines out of respect to the
City. Mr. Fisher states he met with City Manger Tracey Barlow and Councilman
Ted Cooper and where under the impression that they had to come before the
Board to resolve this matter. Mr. Fisher states it's a member only organization.
Mr. Fisher states that every other club in Edgewater has the machines and we
feel like we are being penalized. Henry McKellen, Chaplain stated he applied for
the business license. Mr. McKellen stated the staff asked if he had sweepstakes
machine? Mr. McKellen stated he asked what do you mean by sweepstakes
machine and she stated are they hooked to the internet? Mr. McKellen replied
no, the machines are not hooked to the internet. George Schramm stated that
they have four machines within 1400 square feet and the money is used for
charities. Michelle Tuck stated that we are not a public club. Mr. Schramm
stated that they are being lumped into the internet cafe. City Attorney Aaron
Wolfe states that it is the City's position that the ordinance is not ambiguous and
that there is a violation. The Board had a discussion. Walter Gilbert asked
Code Enforcement Board Minutes
August 25, 2011
Page 2
where do the zoning allow these machines? Tabitha Russell of the Planning
Department stated that when she met with Mr. McKellan, he was in with Dennis
Fisher to ask the minimum distance between a church and an establishment that
serves alcohol. Mrs. Russell stated she did not issued the business tax receipt
and she was advised to give Mr. McKellan copies of the new Land Development
Code Articles 2 and 3. Karl Carder was present for this case. MOTION by
Alice Haldeman, SECOND by Gail Anderson that the Board finds James
C. Carder Tr. in violation of Section 21 -33 of the Land Development
Code waive the citation fine of $75.00, requesting the property owner
remove the machines by August 31, 2011 by 5:00 pm. If the machines
are not removed by August 31, 2011 the citation fine of $75.00 and the
additional fine of $100.00 per day for each day the violation exist past
A • s 1 2111 •n • for • I i - n • •e ! I . - • • n h- .r. • - i will •e
r- instituted. MOTION CARRIED 4 -3.
The Board was dismissed for a quick break. The Board went to break at 3:42
pm and returned from break at 3:54 pm. The Board Attorney Ty Harris was
excused at 3:55 p.m. from the meeting.
Case #2011 -CE- 104615, 3322 Willow Oak Dr., Edgewater Florida; Kelli Clark &
Brett J. Matter, Violation of Section 10 -98 (Property maintenance).
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff's recommendation to find Kelli Clark & Brett
J. Matter in violation of Section 10 -98 of the Code of Ordinance assessing a
citation fine of $75.00 and for a lien to be placed on the property if not satisfied
by August 31, 2011. Officer McGrath states the property has been maintained.
No one was present for this case. The Board had a brief discussion. MOTION
by Ed Corn, SECOND by Sherry Lester that the Board finds Kelli Clark &
Brett J. Matter in violation of Section 10 -98 of the Code of Ordinance
assessin • the citation fine of $75.00 and for a lien to be placed on the
property if not satisfied by August 31, 2011. MQTION CARRIED
UNANIMOUSLY.
Case #2011- CE- 104674,Repeat; 2825 Needle Palm Dr., Edgewater Florida; Dale
Wisnieski, Violation of Section 10 -4 (Nuisance generally).
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff's recommendation to find Dale Wisnieski in
repeat violation of Section 10 -98 of the Code of Ordinance assessing a citation
fine of $150.00 and an additional fine of $100.00 per day for each day the
violation exists past August 26, 2011; also for a lien to be placed on the property
if not satisfied by August 31, 2011. It is also recommended that the Board issue
a Board Order requesting the City Manager approve the removal of the unsafe
structure if the violation is not corrected by August 26, 2011 and that a lien is
placed on the property. Officer McGrath states the property is vacant. No one
was present for this case. MOTION by Glenn Barnhill, SECOND by Ed Corn
Code Enforcement Board Minutes
August 25, 2011
Page 3
that the Board finds Dale Wisnieski in repeat violation of Section 10 -4
of the Code of Ordinance assessing the citation fine of $150.00 and an
additional fine of 100.00 • er day for each day the violation exists past
A • 2. 2111. • for . Ii-n • • - •1. - • •n h- •r.. i if n•
satisfied by August 31, 2011. It is also recommended that the Board
issue a Board Order requesting the City Manager approve the removal
of the unsafe structure if the violation is not corrected by August 26,
2011 and that a lien is placed on the property. MOTION CARRIED
UNANIMOUSLY.
Case #2011 -CE- 104634, 200 Azalea Dr., Edgewater Florida; John & Anita
Alexander, Violation of Section 10 -98 (Property maintenance).
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff's recommendation to find John & Anita
Alexander in violation of Section 10 -98 of the Code of Ordinance assessing a
citation fine of $75.00 and an additional fine of $50.00 for each day the violation
exists past August 26, 2011 also for a lien to be placed on the property if not
satisfied by August 31, 2011. It is also recommended that the Board issue a
Board Order requesting the City Manager approve the securing of the cutting of
the grass if the violation is not corrected by August 26, 2011 and a lien is placed
on the property. Code Officer Mike McGrath states the property is vacant. No
one was present for this case. The Board had a brief discussion. MOTION by
Gail Anderson, SECOND by Glenn Barnhill that the Board finds John &
Anita Alexander in violation of Section 10 -98 of the Code of Ordinance
accessing the citation fin of $75.00 and an additional fine of $50.00
for each day the violation exists past August 2. 2011 also for a lien to
be • laced on the aro . - i if • . i fi - • • y August31. 211 I i .1 •
recommended that the Board issue a Board Order requesting the City
Manager approve the cutting of the grass if the violation is not
• - et A . 2• 2111 , n • ._1"-n" . l . - . . n - .r• • -
MOTION CARRIED UNANIMOUSLY.
Case #2011 -CE- 104681, (Repeat) 2944 Kumquat Dr., Edgewater Florida; Laurrie
R. Wood & Nicholas Solman Jtrs., Violation of Section 10 -98 (Property
maintenance). Code Officer Mike McGrath presented the case summary to the
Board. Code Officer Mike McGrath presented staff's recommendation to find
Laurrie R. Wood & Nicholas Solman Jtrs. in repeat violation of Section 10 -98 of
the Code of Ordinance assessing a citation fine of $150.00 and for an additional
fine of $100.00 each day the violation exists past August 26, 2011; also for a lien
to be placed on the property if not satisfied by August 31, 2011. It is also
recommended that the Board issue a Board Order requesting the City Manager
approve the cutting of the grass if the violation is not corrected by August 26,
2011 and that a lien be placed on the property. Code Officer Mike McGrath
states the property is vacant. No one was present for this case. MOTION by
Sherry Lester, SECOND by Ben Wagner that the Board finds Laurrie R.
Code Enforcement Board Minutes
August 25, 2011
Page 4
Wood & Nicholas Solman 7trs. in repeat violation of Section 10 -4 of the
Code of Ordinance continuing the citation fine of citation fine of
$150.00 and for an additional fine of $100.00 each day the violation
exists past August 26, 2011; also for a lien to be placed on the property
if not satisfied by August 31, 2011. It is also recommended that the
Board issue a Board Order requesting the City Manager approve the
cutting of the grass if the violation is not corrected by August 26, 2011
and that a lien be placed on the property. MOTION CARRIED
UNANIMOUSLY.
Case #2011 -CE- 104653, (Repeat) 2406 India Palm Dr., Edgewater Florida; HSBC
Bank Natl. Assoc. Tr., Violation of Section 10 -83 (Neglected premises).
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff's recommendation to find HSBC Bank Natl.
Assoc. Tr. in repeat violation of Section 10 -83 of the Code of Ordinance
assessing a citation fine of $150.00 and for a lien to be placed on the property if
not satisfied by August 26, 2011. Officer McGrath states the property has been
maintained and is vacant. No one was present for this case. MOTION by
Alice Haldeman, SECOND by Gail Anderson that the Board finds HSBC
Bank Natl. Assoc. Tr. in repeat violation of Section 10 -83 of the Code of
Ordinance continuing the citation fine of $150.00 and for a lien to be
placed on the property if not satisfied by August 26, 2011. MOTION
CARRIED UNANIMOUSLY.
Case #2011 -CE- 104646, (Repeat) 1800 S. Riverside Dr., Edgewater Florida;
Deutsche Bank Natl. Tr. Co., Violation of Section 10 -98 (Property maintenance).
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff's recommendation to find Deutsche Bank
Natl. Tr. Co. in repeat violation of Section 10 -98 of the Code of Ordinance
continuing the citation fine of $150.00 and an additional fine of $100.00 each
day the violation exists past August 26, 2011; also for a lien to be placed on the
property if not satisfied by August 31, 2011. It is also recommended that the
Board issue a Board Order requesting the City Manager approve the cutting of
the grass if the violation is not corrected by August 26, 2011 and a lien is placed
on the property. No one was present for this case. MOTION by Ben Wagner,
SECOND by Ed Corn that the Board finds Deutsche Bank Natl. Tr. Co. in
repeat violation of Section 10 -98 of the Code of Ordinance continuing
the citation fine of $150.00 and an additional fine of $100.00 each day
the violation exists past August 26, 2011; also for a lien to be placed on
the property if not satisfied by August 31, 2011. It is also
recommended that the Board issue a Board Order requesting the City
Manager approve the cutting of the grass if the violation is not
corrected by August 26, 2011 and a lien is placed on the property.
MOTION CARRIED UNANIMOUSLY.
Code Enforcement Board Minutes
August 25, 2011
Page 5
Case #2011 -CE- 104617, 1706 S. Riverside Dr., Edgewater Florida; Kim L. Hunt,
Violation of Section 10 -98 (Property maintenance).
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff's recommendation to find Kim Hunt in
violation of Section 10 -98 of the Code of Ordinance assessing a citation fine of
$75.00 and an additional fine of $50.00 each day the violation exists past August
25, 2011; also for a lien to be placed on the property if not satisfied by August
31, 2011. It is also recommended that the Board issue a Board Order requesting
the City Manager approve the cutting of the grass if the violation is not corrected
by August 26, 2011. Code Officer Mike McGrath states the property is vacant.
No one was present for this case. MOTION by Ed Corn, SECOND by Glenn
Barnhill that the Board finds Kim L. Hunt in violation of Section 10 -98
of the Code of Ordinance assessing the citation fine of $75.00 and an
additional fine of 50.00 each day the violation exists past August 2 ,
2,1 •.l • for .li -n • •- •l. In 1-'r••- y if II • i •
August 31, 2011. It is also recommended that the Board issue a Board
or.- r - • - in. h - ' i M.n. • -r • 'rev- • - tin. • h- • • 1
the violation is not corrected by August 25, 2011 and a lien is placed on
the Drooerty. MOTION CARRIED UNANIMOUSLY.
Case #2011 -CE- 104667 (A), 2725 Yule Tree Dr., Edgewater Florida; Christina T.
Simmons, Violation of Section 21 -36.10 (Swimming pools).
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff's recommendation to find Christina T.
Simmons in violation of Section 21 -36.10 of the Code of Ordinance assessing a
citation fine of $75.00 and an additional fine of $50.00 per day for each day the
violation exist past August 26, 2011 also for a lien to be placed on the property if
not satisfied by August 31, 2011. It is also recommended that the Board issue a
Board Order requesting the City Manager approve the securing of the pool and
that a lien is placed on the property if not satisfied by August 26, 2011. No one
was present for this case. MOTION by Ed Corn, SECOND by Glenn Barnhill
that the Board finds Christina T. Simmons in violation of Section 21-
36.10 of the Code of Ordinance continuing the citation fine of $75.00
and an additional fine of $50.00 per day for each day the violation exist
past August 26, 2011 also for a lien to be placed on the property if not
satisfied by August 31, 2011. It is also recommended that the Board
i . B. r• •r. -r r-' - in• h- iy M•n• • -r • • •r•v- h- - rin•
of the • • 01 and that a lien is placed on the property if not satisfied by
August 26, 2011. MOTION CARRIED UNANIMOUSLY.
Case #2011 -CE- 104667, (B) 2725 Yule Tree Dr., Edgewater Florida; Christina T.
Simmons, Violation of Section 10 -83 (Neglected property).
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff's recommendation to find Christina T.
Simmons in violation of Section 10 -98 of the Code of Ordinance assessing a
Code Enforcement Board Minutes
August 25, 2011
Page 6
citation fine of $75.00 and an additional fine of $50.00 each day the violation
exists past August 26, 2011 and for a lien to be placed on the property if not
satisfied by August 31, 2011. It is also recommended that the Board issue a
Board Order requesting the City Manager approve the removal of the debris if
the violation is not corrected by August 26, 2011 and for a lien be placed on the
property. No one was present for this case. MOTION by Gail Anderson,
SECOND by Glenn Barnhill that the Board finds Christina T. Simmons in
violation of Section 10 -83 of the Code of Ordinance continuing the
i . ionfin- of •7 .1f .n• .n .••i i•n•Ifin- of 1.11 -. h •• -
violation exists • ast Auaus 26, 2011; also for a lien to be placed on the
property if not satisfied by August 31, 2011. It is also recommended
that the Board issue a Board Order requesting the City Manager
a • orove the removal of debris if he violation is not corrected •y
August 26, 2011 and for a lien be placed on the property. MOTION
CARRIED UNANIMOUSLY.
Case #2011 -CE- 104667 (C), 2725 Yule Tree Dr., Edgewater, Christina T.
Simmons; Violation of Section 10 -98 (Property maintenance).
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff's recommendation to find Christina T.
Simmons in violation of Section 10 -98 of the Code of Ordinance assessing a
citation fine of $75.00 and an additional fine of $50.00 per day the violation
exists past August 26, 2011 and for a lien to be place on the property if not
satisfied by August 31, 2011. It is also recommended that the Board issue a
Board Order requesting the City Manager approve the cutting of the grass if the
violation is not corrected by August 26, 2011 and that a lien is placed on the
property. No one was present for this case. MOTION by Glenn Barnhill,
SECOND by Sherry Lester that the Board finds Christina T. Simmons in
violation of Section 10 -98 of the Code of Ordinance assessing a citation
fin- •f . .7 .11 .n. .n • • •i i•n•I n- of 1.11 ' -r • . h- viol. ion
-xi r. A • 2. 21 1 •n• for _ li-n • • •1. - •n h- •r• • y if
not satisfied by August 31, 2011. It is also recommended that the
Board issue a Board Order requesting the City Manager approve the
sii •
of h- •r. i - viol. ion' n. •rr- - • • A • s 2. 2111
and that a lien is placed on the property. MOTION CARRIED
UNANIMOUSLY.
Continued Case(s):
Case #2011 -CE- 103921, 1005 S. Flagler Ave., Edgewater Florida; James E.
Southard, Violation of Section 10 -4 (Nuisance generally).
Code Officer Mike McGrath presented the continued case to the Board. Code
Officer Mike McGrath stated that Mr. Southard went to the Building Department
and obtained a demo permit with David Lee. The permit is good for 30 days.
Code Officer Mike McGrath states Mr. Southard is making progress. Mr.
Code Enforcement Board Minutes
August 25, 2011
Page 7
Southard was not present for this case. Staff recommends that the Board waive
the citation fine of $75.00 and give Mr. Southard until September 25, 2011 to
remove the structure & debris. If the structure & debris is not removed, a
citation fine of $75.00 will be imposed and an addition fine of $50.00 per day
each day the violation exists past September 26, 2011 and for a lien to be placed
on the property if not satisfied by September 30, 2011. It is also recommended
that the Board issue a Board Order requesting the City Manager approve the
securing or removal of the structure if the violation is not corrected by
September 26, 2011 and that a lien is placed on the property. MOTION by
Sherry Lester, SECOND by Ed Corn that the Board found James E.
Southard in violation of Section 10 -98 of the Code of Ordinance on
Au • us 11 2011 waiving the citation fine of S75.00 and • ive Mr.
Southard until September 25, 2011 to remove the structure & debris.
If the structure & debris is not removed, a citation fine of $75.00 will
• - im•• -• • , .n.••ii• • i - • I • - r•. - • h.. h-
vi•I. i•n - i •• - • - 11• - r2 2111 .1• f• • li- • •e placed on
the property if not satisfied by September 30, 2011. It is also
recommended that the Board issue a Board Order requesting the City
Manager approve the securing or removal of the structure if the
violation is not corrected by September 25, 2011 and that a lien is
placed on the Property. MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
None.
CODE COMPLIANCE REPORT:
Code Supervisor Jeff Lariscy stated that the staff has had two days of training on
the H.T.E system.
PUBLIC COMMENT:
None.
BOARD DISCUSSION:
ADJOURNMENT
h • ir • er on Line • n In . •'• rn- • he m-etin• •t4: •.m.
h
Next Meeting scheduled for September 8, 2011 at 2:00 p.m.
Minutes respectfully submitted by,
Shontella Jackson
Board Coordinator
Code Enforcement Board Minutes
August 25, 2011
Page 8