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02-09-2012 --- ' --_ -44."...: _....i&m. 1 ( itv of V CODE ENFORCEMENT BOARD Thursday, February 9, 2012 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 2:03 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, Board Attorney Ty Harris and Board Coordinator Shontella Jackson. APPROVAL OF MINUTES The Minutes for the regular meeting of January 12, 2012 were presented to the Board for approval. MOTION by Alice Haldeman, SECOND by Ben Wagner to adopt the minutes of Regular Citizen Code Enforcement Board on December 8, 2011 as written. MOTION CARRIED UNANIMOUSLY. SWEARING IN OF WITNESSES: Carl Carder of 1305 Royal Palm Dr. Edgewater, FL; Jonathan Braden of 3034 Woodland Dr. Edgewater, FL; Code Officer Mike McGrath and Capt. Jeff Lariscy were sworn in. CASE(S) IN COMPLIANCE AND TABLED: 1) Case #2010 -CE- 103798, (C & D) 2140 S. Riverside Dr., Edgewater, FL; James C. Carder Tr.; Section 21 -55.01 (Comprehensive plan) and Section 55.10 (Enforcement) Code Enforcement Board Minutes February 9, 2012 Page 1 2) Case #2011 -CE- 104860, (A, B & D) 2111 S. Ridgewood Ave., Edgewater, FL; James C. Carder Tr.; Section 55.02 (Tree removal permit required), Section 21 -55.01 (Comprehensive plan) & Section 55.10 (Enforcement) 3) Case #2011 -CE- 104802 (A & B) 2120 S. Ridgewood Ave., Edgewater, FL; Tasty Burger of Florida Inc.; Section 11 -2 (Business tax) & Section 11 -9 (Certificate of use) 4) Case #2011 -CE- 105311, 2607 Willow Oak Dr., Edgewater, FL; Kingsgate LLC, Section 10 -98 (Property maintenance) in compliance. There was a consensus among the Board to move Case #2011 -CE- 105193 to the beginning of the agenda. NEW BUSINESS: Case #2011 -CE- 105193, 3034 Woodland Dr., Edgewater Florida; Johnathan Braden, Violation of Section 10 -183 (Emergency cost). Code Officer Mike McGrath presented the case summary to the Board. Code Officer Mike McGrath presented staff's recommendation to find Johnathan Braden in violation of Section 10 -183 of the Code of Ordinance assessing a citation fine of $75.00 and an additional cost of $1,692.50 for the removal of the hazardous chemicals and for a lien to be placed on the property in not satisfied by February 15, 2012. Johnathan Braden was present and stated his home had been broken into while he was out of town. Upon his return he notice there were miscellaneous material outside in his backyard shed and he notified Edgewater Police Department. Law Enforcement contacted hazmat for possible meth lab. Mr. Braden states he is unemployed and caring for a family member out of town. Mr. Braden acknowledged receipt of the bill from the hazardous material company but states he does not have the funds to pay the bill. The Board had a brief discussion. Chairwoman Johnson called a brief recess at 2:28. The Board was called back to order at 2:30. Mr. Braden stated he has homeowners insurance but is unsure of the deductible. MOTION by Gail Anderson, SECOND by Ben Wagner that the Board finds Johnathan Braden in violation of Section 10 -183 of the Code of Ordinance waving the citation fine of $75.00 and continui g the case until April 12 for the a ' ' ' ional cost. MOTION WAS DENIED. The Board discussed and submitted a second motion. MOTION by Ed Corn, SECOND by Glenn Barnhill that the Board continues the case for sixty (60) days unit the next scheduled meeting on April 12, 2012. MOTION CARRIED UNANIMOUSLY. Case #2010 -CE- 103798, (A) 2140 S. Riverside Dr., Edgewater Florida; James C. Carder Tr., Violation of Section 21 -55.02 (Tree removal permit required). Code Enforcement Board Minutes February 9, 2012 Page 2 Code Officer Mike McGrath presented the case summary to the Board. Code Officer Mike McGrath presented staff's recommendation to find James C. Carder Tr. in violation of Section 21 -55.02 of the Code of Ordinance assessing a citation fine of $75.00 and an additional fine of $100.00 per day each day the violation exists past March 26, 2012. If the property is not in compliance by March 26, 2012 the $100.00 per day fine will be retroactive from February 10, 2012 and a lien to be placed on the property if not satisfied by March 30, 2012. Code Officer Mike McGrath stated that several trees were cut and removed from the property in November 2010. Code Supervisor Jeff Lariscy stated that he has met with Mr. Carder regarding the landscaping. Code Supervisor Jeff Lariscy stated Mr. Carder has submitted a plan that the City Planner and myself felt was reasonable with his recommendation. Carl Carder was present for this case. Mr. Carder stated that thirteen trees were cut to 36 inches. Mr. Carder stated the wrong types of trees were planted and you could not see the front of the stores. Mr. Carder agreed to work with the City to bring the property into compliance. MOTION by Ed Corn, SECOND by Gail Anderson that the Board finds James C. Carder Tr. in violation of Section 21 -55.02 of the Code of Ordinance assessing the citation fine of $75.00 and for a lien to be placed on the property if not satisfied by February 15, 2012. MOTION CARRIED UNANIMOUSLY. Case #2010 -CE- 103798, (B) 2140 S. Riverside Dr., Edgewater Florida; James C. Carder Tr., Violation of Section 21 -54.02 (Installation standards). Code Officer Mike McGrath presented the case summary to the Board. Code Officer Mike McGrath presented staff's recommendation to find James C. Carder Tr. in violation of Section 21 -54.02 of the Code of Ordinance continue the citation fine of $75.00 and an additional fine of $100.00 per day each day the violation exists past March 26, 2012. If the property is not in compliance by March 26, 2012 the $100.00 per day fine will be retroactive from February 10, 2012 and a lien to be placed on the property if not satisfied by March 30, 2012. Carl Carder was present for this case. The Board had a brief discussion. MOTION by Ed Corn, SECOND by Glenn Barnhill that the Board finds James C. Carder Tr. in violation of Section 21 -54.02 of the Code of Ordinance accessing the citation fine of $75.00 and an additional fine of $100.00 for each day the violation exists ' ast March 26, 2012. If the property is not in compliance by March 26, 202 the $100.00 per day fine will be retroactive from February 10, 2012 and a lien to be placed on the property if not satisfied by March 30, 2012. MOTION CARRIED filL Case #2011 -CE- 104860, (C) 2111 S. Ridgewood Ave., Edgewater Florida; James C. Carder Tr., Violation of Section 21 -54.02 (Installation standards). Code Officer Mike McGrath presented the case summary to the Board. Code Officer Mike McGrath presented staff's recommendation to find James C. Carder Tr. in violation of Section 21 -54.02 of the Code of Ordinance continuing the citation Code Enforcement Board Minutes February 9, 2012 Page 3 fi ne of $75.00 and an additional fine of $100.00 per day each day the violation exists past March 26, 2012. If the property is not in compliance by March 26, 2012 the $100.00 per day fine will be retroactive from February 10, 2012 and a lien to be placed on the property if not satisfied by March 30, 2012. Carl Carder was present for this case. Mr. Carder has submitted his recommendation and the City have agreed. Code Officer Mike McGrath entered a photograph label Exhibit A for the Board to review. Mr. Carder states that the shopping center is fourteen years old and some of the plants have died; he is agreeing to replant but does not want to pay another citation fine. MOTION by Glenn Barnhill, SECOND by Ed Corn that the Board finds James C. Carder Tr. in violation waving the citation fine of citation fine of $75.00 and for an additional fine of $100.00 each day the violation exists past March 26, 2012; if the property is not in compliance by March 26, 2012 the $100.00 per day fine will be retroactive from February 10, 2012 and for a lien to be placed on the property if not satisfied by March 30, 2012. MOTION CARRIED 6 -1. Case #2011- CE- 104860(E) 2111 S. Ridgewood Ave., Edgewater Florida; James C. Carder Tr., Violation of Section 21 -61.07 (Shopping center signs). Code Officer Mike McGrath presented the case summary to the Board. Code Officer Mike McGrath presented staff's recommendation to find James C. Carder Tr. in violation of Section 21 -61.07 of the Code of Ordinance assessing a citation fine of $75.00 and an additional fine of $100.00 per day each day the violation exists past March 9, 2012. If the property is not in compliance by March 9, 2012 the $100.00 per day fine will be retroactive to February 10, 2012 and a lien is placed on the property if not satisfied by March 14, 2012. Code Supervisor Jeff Lariscy stated the City would like for the pole sign to be brought into compliance which would only bring it to a non - conforming status. Mr. Harris clarified that the older signs are completely allowed to stay but the rule is you cannot increase a non - conforming use. Code Officer Mike McGrath submitted a photograph label Exhibit B for the Board to review. Code Supervisor Jeff Lariscy stated he could add another sign to the parcel. He would need to place a ground sign and pull a permit for any changes to the sign. Carl Carder was present. Mr. Carder stated he would need two or three months to change and install a new sign. The Board has a brief discussion. MOTION by Ed Corn, SECOND by Alice Haldeman that the Board finds James C. Carder Tr. in violation of Section 21- 61.07 of the Code of Ordinance waiving the citation fine of $75.00 and requesting compliance by the regular scheduled May 2012 meeting or no progress (plan and permit) by owner then the violation will be retroactive to February 10, 2012 of $100.00 per day fine and a lien to be placed on the property. NOTION CARRIED 5 -2. Board attorney Ty Harris was dismissed at 3:40 pm. Code Enforcement Board Minutes February 9, 2012 Page 4 Case #2011 -CE- 105195, 2002 S. Riverside Dr., Edgewater Florida; Richard C. & Charlene Allen, 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 Richard C. & Charlene Allen in violation of Section 10 -98 of the Code of Ordinance continuing the citation fine of $75.00 and an additional fine of $50.00 per day each day the violation exists past February 10, 2012 and that a lien is placed on the property if not satisfied by February 15, 2012. It is also recommended that the Board issue a Board Order requesting the City Manager approve the cutting of the lawn if the violation is not corrected by February 10, 2012 and a lien be placed on the property. No one was present for this case. MOTION by Ben Wagner, SECOND by Alice Haldeman that the Board finds Richard C. & Charlene Allen in violation of Section 10 -98 of the Code of Ordinance continuing the citation fine of $75.00 and an additional fine of $50.00 per day each day the violation exists past February 10, 2012 and that a lien is placed on the property if not satisfied by February 15, 2012. It is also recommended that the Board issue a Board Order requesting the City Manager approve the cutting of the lawn if the violation is not corrected by February 10, 2012 and a lien be placed on the property. MOTION CARRIED UNANIMOUSLY. Case #2011 -CE- 105334 (Repeat), 1429 Queen Palm Dr., Edgewater Florida; Daren & Kari M. Hammond, 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 Daren & Kari M. Hammond in repeat violation of 10 -98 of the Code of Ordinance assessing a citation fine of $150.00 and an additional fine of $100.00 for each day the violation exist past February 10, 2012; also for a lien to be placed on the property if not satisfied by February 15, 2012. 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 February 10, 2012 and a lien is 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 Ed Corn that the Board finds Daren & Kari M. Hammond in repeat violation of Section 10 -98 of the Code of Ordinance assessing the citation fine of $150.00 and an additional fine of $100.00 for each day the violation exists past February 10, 2012; also for a lien to be placed on the property if not satisfied by February 15, 2012. 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 February 10, 2012 and a lien is placed on the property. MOTION CARRIED UNANIMOUSLY. Code Enforcement Board Minutes February 9, 2012 Page 5 Case #2011 -CE- 105300, 1516 Monroe Dr., Edgewater Florida; Jason Lewis Etal, 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 Jason Lewis Etal in violation of Section 10 -83 of the Code of Ordinance continuing the citation fine of $75.00 and an additional fine of $50.00 per day each day the violation exists past February 10, 2012 and that a lien is placed on the property if not satisfied by February 15, 2012. 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 February 10, 2012 and a lien be placed on the property. No one was present for this case. MOTION by Alice Haldeman, SECOND by Ben Wagner that the Board finds Jason Lewis Etal in violation of Section 10 -83 of the Code of Ordinance continuing the citation fine of $75.00 and an additional fine of $50.00 per day each day the violation exists past February 10, 2012 and that a lien is placed on the property if not satisfied by February 15, 2012. 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 February 10, 2012 and a lien be placed on the property. MOTION CARRIED UNANIMOUSLY. Case #2011 -CE- 105335, 1429 Queen Palm Dr., Edgewater Florida; Daren & Kari M. Hammond, 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 Daren & Kari M. Hammond in repeat violation of 10 -83 of the Code of Ordinance assessing a citation fine of $75.00 and an additional fine of $50.00 for each day the violation exist past February 10, 2012; also for a lien to be placed on the property if not satisfied by February 15, 2012. It is also recommended that the Board issue a Board Order requesting the City Manager approve the removal of debris & painting of the garage door if the violation is not corrected by February 10, 2012 and a lien is placed on the property. Code Officer Mike McGrath states the property is vacant. No one was present for this case. MOTION by Gail Anderson, SECOND by Ben Wagner that the Board finds Daren & Kari M. Hammond in violation of Section 10 -83 of the Code of Ordinance assessing the citation fine of $75.00 and an additional fine of $50.00 for each day the violation exists past February 10, 2012; also for a lien to be placed on the property if not satisfied by February 15, 2012. It is also recommended that the Board issue a Board Order requesting the City Manager approve the removal of debris and painting the garage door if the violation is not corrected by February 10, 2012 and a lien is placed on the property. MOTION CARRIED UNANIMOUSLY. Case #2011 -CE- 105278, 3221 Woodland Dr., Edgewater Florida; Brenda L. Rosenthol, Violation of Section 10 -98 (Property maintenance). Code Enforcement Board Minutes February 9, 2012 Page 6 Code Officer Mike McGrath presented the case summary to the Board. Code Officer Mike McGrath presented staff's recommendation to find Brenda L. Rosenthol in violation of 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 exist past February 10, 2012; also for a lien to be placed on the property if not satisfied by February 15, 2012. 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 February 10, 2012 and a lien is placed on the property. Code Officer Mike McGrath states the property is vacant and submitted a photograph label Exhibit C for the Board review. No one was present for this case. MOTION by Ben Wagner, SECOND by Sherry Lester that the Board finds Brenda L. Rosenthol 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 for each day the violation exists past February 10, 2012; also for a lien to be placed on the property if not satisfied by February 15, 2012. 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 February 10, 2012 and a lien is placed on the Property. MOTION CARRIED UNANIMOUSLY. CODE COMPLIANCE REPORT: Code Enforcement had 139 cases and 89 cases were resolved for the month. PUBLIC COMMENT: None. BOARD DISCUSSION: None. ADJOURNMENT Chairperson Linda Johnson adjourned the meeting at 4:04 p.m. Next Meeting scheduled for March 8, 2012 at 2:00 p.m. Minutes respectfully submitted by, Shontella Jackson Board Coordinator Code Enforcement Board Minutes February 9, 2012 Page 7