03-08-2012
CODE COMPLIANCE BOARD
Thursday, March 8, 2012
2:00 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER
Chairperson Linda Johnson called the regular meeting of the Code Compliance
Board to order at 2:02 PM in the Community Center.
ROLL CALL
Members present: Alice Haldeman, Glenn Barnhill, Ben Wagner, Linda Johnson
and Ed Corn. Sherry Lester was absent and Gail Anderson was excused. Also
present were Code Supervisor Jeff Lariscy, Code Officer Mike McGrath, Board
Attorney Ty Harris and Tabitha Russell.
APPROVAL OF MINUTES
The Minutes for the regular meeting of February 9, 2012 were presented to the
Board for approval.
MOTION by Glenn Barnhill, SECOND by Ed Corn to adopt the minutes of
the Regular Code Compliance Board meeting on February 9, 2012, as
written. MOTION CARRIED UNANIMOUSLY.
SWEARING IN OF WITNESSES:
Code Supervisor Jeff Lariscy, Code Officer Mike McGrath, Planning Technician
Tabitha Russell, City Clerk Bonnie Wenzel, Carl Carder of 1305 Royal Palm Dr.,
Edgewater, FL; Tyshar Patel of 2120 S. Ridgewood Ave., Edgewater, FL
Code Compliance Board Minutes
March 8, 2012
Page 1
The Board approved an amendment to the agenda to move Case #2011-CE-
104802(A) and Case #2011-CE-104802 (B) up on the agenda to item #1. The
Board members had no objections to the agenda amendment.
CASE(S) IN COMPLIANCE:
None.
NEW BUSINESS:
Case #2011-CE-104802 (A) 2120 S. Ridgewood Ave. Unit 1, Edgewater Florida;
Tasty Burger of Florida, Inc., Violation of Section 11-2(Business Tax).
Code Supervisor Jeff Lariscy presented the case summary to the Board. Code
Supervisor Jeff Lariscy presented staff’s recommendation to find Tasty Burger of
Florida, Inc. in violation of Section 11-2 of the Code of Ordinances assessing a
citation fine of $150.00 and an additional fine of $100.00 per day per violation
that continues to exist past March 9, 2012 and for a lien to be placed on the
property if not satisfied by March 14, 2012. Code Supervisor Jeff Lariscy
requested permission to ask Planning Technician Tabitha Russell to testify as an
expert in the field of Business Tax Receipts (BTR) and Certificate of Uses. Ms.
Russell testified that prior to the Certificate of Use program, businesses were
only required to pay a business tax. The Certificate of Use was created as a
regulatory tool for the City. It allowed the City to enforce the Land Development
Code and Code of Ordinances. BTR’s and Certificate of Uses are renewed in
September of each year. Mr. Harris asked how the renewal notices are sent. Ms.
Russell stated that she believed the first notices were mailed to the businesses in
th
August. Business owners have until September 30 to renew their Business Tax
Receipt. She said she thought that a total of three renewal notices are sent out.
Mr. Harris asked her to clarify how long she had been employed with the City
and what departments she has worked in. She stated she has worked for the
City since 2005. She started her employment in Utility Billing and then moved to
Development Services in 2008. She stated that the functions of the Business Tax
Receipts and Certificate of Uses were moved to the Finance Department in
January 2011. Mr. Corn asked her when the Certificate of Use program was
created. She stated September 8, 2008. Mr. Corn asked if the Business Tax
Receipt program has always been active. She stated yes. Mr. Harris informed
the Ms. Johnson that the Board needed to make a motion to accept Tabitha
Russell’s testimony and her qualifications as an expert in this area.
MOTION by Ben Wagner, SECOND by Alice Haldeman that the Board
accepts Tabitha Russell’s testimony and her qualifications as an expert
in this field.MOTION CARRIED UNANIMOUSLY
Code Compliance Board Minutes
March 8, 2012
Page 2
Mr. Harris stated that they needed to have copies of the specific provisions of the
ordinance in question and that someone should testify that they are a true and
correct copy of the City’s Code of Ordinances for the record.
Code Officer McGrath stated that it was Supplement 5, Section 11.2 for the
Business Tax Receipt violation and Section 11.9 for the Certificate of Use
violation.
City Clerk Bonnie Wenzel read into record Sections 11.2 and 11.9 and testified
that they are a true and correct copy of the City’s Code of Ordinances.
Mr. Carder was present and testified. He stated that the business owner had not
received a renewal notice for his business tax receipt and certificate of use for
years and that is why the fees were never paid. He did not understand why it
was just being enforced now. He has only known about it since September of
2011. Code Officer McGrath stated that a delinquent notice was mailed to the
business owner on May 1, 2007 advising him of his delinquency and the
delinquent fees. A copy of the notice was entered into record under “Exhibit A”.
An invoice for all past due business tax receipt and certificate of use fees was
entered into record under “Exhibit B”. Code Officer McGrath stated that Code
Enforcement now has the manpower with volunteers to take a more proactive
approach with Business Tax Receipts and Certificate of Uses. Chairwoman Linda
Johnson closed the public hearing. The Board had a brief discussion.
MOTION by Ed Corn, SECOND by Glenn Barnhill that the Board finds
Tasty Burger of Florida, Inc. in violation of Section 11-2 of the Code of
Ordinances and waives the Citation fee of $150.00. There is a stay of
the $100.00 per day fine until March 30, 2012 to allow for Tasty Burger
of Florida, Inc. to enter into a payment agreement with the City. If no
arrangements are made by March 30, 2012 the $100.00 per day
violation fine will begin on April 1, 2012. MOTION CARRIED 4-1 with
Mr. Wagner voting NO.
Case #2011-CE-104802 (B) 2120 S. Ridgewood Ave. Unit 1, Edgewater Florida;
Tasty Burger of Florida, Inc., Violation of Section 11-9 (Certificate of Use).
Code Supervisor Jeff Lariscy presented the case summary to the Board. Code
Supervisor Jeff Lariscy presented staff’s recommendation to find Tasty Burger of
Florida, Inc. in violation of Section 11-9 of the Code of Ordinances assessing a
citation fine of $75.00 and an additional fine of $100.00 per day per violation
that continues to exist past March 9, 2012 and for a lien to be placed on the
property if not satisfied by March 14, 2012. The Board had a brief discussion.
Code Compliance Board Minutes
March 8, 2012
Page 3
(See previous Case).
MOTION by Ed Corn, SECOND by Glenn Barnhill that the Board finds
Tasty Burger of Florida, Inc. in violation of Section 11-9 of the Code of
Ordinances and waives the Citation fee of $75.00. There is a stay of the
$100.00 per day fine until March 30, 2012 to allow for Tasty Burger of
Florida, Inc. to enter into a payment agreement with the City. If no
arrangements are made by March 30, 2012 the $100.00 per day
violation fine will begin on April 1, 2012. MOTION CARRIED 4-1 with
Mr. Wagner voting NO.
During a brief intermission Fire Marshal Lariscy dismissed Board Attorney Ty
Harris from the meeting at 3:52 pm.
Case #2012-CE-105354(A), 1322 Queen Palm Dr., Edgewater Florida; James M.
Bierwagen, Violation of Section 10-98 (Property Maintenance).
Code Supervisor Jeff Lariscy presented the case summary to the Board. Code
Supervisor Jeff Lariscy presented staff’s recommendation to find James M.
Bierwagen 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 March 9, 2012 and for a lien to be placed on the property if
not satisfied by March 14, 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 March 9, 2012 and that a lien is placed on the
property. No one was present to testify.
MOTION by Ben Wagner, SECOND by Alice Haldeman that the Board
finds James M. Bierwagen in violation of Section 10-98 of the Code of
Ordinances assessing the citation fine of $75.00 and and additional fine
of $50.00 per day for each day the violation exists past March 9, 2012
and that a lien is placed on the property of not satisfied by March 14,
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 March 9, 2012 and that a lien is placed on
the property. MOTION CARRIED UNANIMOUSLY.
Case #2012-CE-105354(B), 1322 Queen Palm Dr., Edgewater Florida; James M.
Bierwagen, Violation of Section 10-83 (Neglected Premises).
Code Supervisor Jeff Lariscy presented the case summary to the Board. Code
Supervisor Jeff Lariscy presented staff’s recommendation to find James M.
Code Compliance Board Minutes
March 8, 2012
Page 4
Bierwagen in violation of Section 10-83 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 March 9, 2012 and for a lien to be placed on the property if
not satisfied by March 14, 2012. It is also recommended that the Board issue a
Board Order requesting the City Manager approve the removal of debris if the
violation is not corrected by March 9, 2012 and that a lien is placed on the
property. No one was present to testify.
MOTION by Glenn Barnhill, SECOND by Alice Haldeman that the Board
finds James M. Bierwagen in violation of Section 10-83 of the Code of
Ordinances assessing the citation fine of $75.00 and and additional fine
of $50.00 per day for each day the violation exists past March 9, 2012
and that a lien is placed on the property of not satisfied by March 14,
2012. It is also recommended that the Board issue a Board Order
requesting the City Manager approve the removal of debris if the
violation is not corrected by March 9, 2012 and that a lien is placed on
the property. MOTION CARRIED UNANIMOUSLY.
Case #2012-CE-105462, 143 Wildwood Ave., Edgewater Florida; Amil Bojkovsky,
Repeat Violation of Section 10-98 (Property Maintenance).
Code Supervisor Jeff Lariscy presented the case summary to the Board. Code
Supervisor Jeff Lariscy presented staff’s recommendation to find Amil Bojkovsky
in repeat violation of Section 10-98 of the Code of Ordinances assessing a
citation fine of $150.00 and an additional fine of $100.00 per day for each day
the repeat violation exists past March 9, 2012 and for a lien to be placed on the
property if not satisfied by March 14, 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 March 9, 2012 and that a lien is
placed on the property.
MOTION by Alice Haldeman, SECOND by Glenn Barnhill that the Board
finds Amil Bojkovsky in repeat violation of Section 10-98 of the Code of
Ordinances assessing the citation fine of $150.00 and an additional fine
of $100.00 per day for each day the repeat violation exists past March
9, 2012 and for a lien to be placed on the property if not satisfied by
March 14, 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 March 9, 2012 and that a lien is placed
on the property. MOTION CARRIED UNANIMOUSLY.
Code Compliance Board Minutes
March 8, 2012
Page 5
Case #2012-CE-105485, 1855 Queen Palm Dr., Edgewater Florida; Cynthia and
Kerry M. Hunt, Repeat Violation of Section 10-98 (Property Maintenance).
Code Supervisor Jeff Lariscy presented the case summary to the Board. Code
Supervisor Jeff Lariscy presented staff’s recommendation to find Cynthia and
Kerry M. Hunt in repeat violation of Section 10-98 of the Code of Ordinances
assessing a citation fine of $150.00 and an additional fine of $100.00 per day for
each day the repeat violation exists past March 9, 2012 and that a lien is placed
on the property if not satisfied by March 14, 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 March 9, 2012 and that a lien is
placed on the property. No one was present to testify.
MOTION by Ed Corn, SECOND by Glenn Barnhill that the Board finds
Cynthia and Kerry M. Hunt in repeat violation of Section 10-98 of the
Code of Ordinances continuing the citation fine of $150.00 and an
additional fine of $100.00 per day each day the repeat violation exists
past March 9, 2012 and for a lien to be placed on the property if not
satisfied by March 14, 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 March 9, 2012 and that a
lien is placed on the property. MOTION CARRIED UNANIMOUSLY.
Case #2012-CE-105537, 2920 India Palm Dr., Edgewater Florida; Lisa David and
Shandaneaka Hopburn, Repeat Violation of Section 10-83 (Neglected Premises).
Code Supervisor Jeff Lariscy presented the case summary to the Board. Code
Supervisor Jeff Lariscy presented staff’s recommendation to find Lisa David and
Shandaneaka Hopburn in repeat violation of Section 10-83 of the Code of
Ordinances assessing a citation fine of $150.00 and an additional fine of $100.00
per day for each day the repeat violation exists past March 9, 2012 and that a
lien is placed on the property if not satisfied by March 14, 2012. It is also
recommended that the Board issue a Board Order requesting the City Manager
approve the removal of trash and debris if the violation is not corrected by March
9, 2012 and that a lien is placed on the property. No one was present to testify.
MOTION by Glenn Barnhill, SECOND by Ben Wagner that the Board
finds Lisa David and Shandaneaka Hopburn in repeat violation of
Section 10-83 of the Code of Ordinances continuing the citation fine of
$150.00 and an additional fine of $100.00 per day each day the repeat
violation exists past March 9, 2012 and for a lien to be placed on the
property if not satisfied by March 14, 2012. It is also recommended
that the Board issue a Board Order requesting the City Manager
approve the removal of trash and debris if the violation is not corrected
by March 9, 2012 and that a lien is placed on the property. MOTION
CARRIED UNANIMOUSLY.
Code Compliance Board Minutes
March 8, 2012
Page 6
Case #2012-CE-105494, 108 E. Pine Bluff St., Edgewater Florida; Regions Bank
c/o Rush, Marshall, Jones & Kelly, Violation of Section 10-4 (Nuisance Generally).
Code Supervisor Jeff Lariscy presented the case summary to the Board. Code
Supervisor Jeff Lariscy presented staff’s recommendation to find Regions Bank
c/o Rush, Marshall, Jones & Kelly in violation of Section 10-4 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 March 9, 2012 and that a lien is
placed on the property if not satisfied by March 14, 2012. It is also
recommended that the Board issue a Board Order requesting the City Manager
approve the removal of debris if the violation is not corrected by March 9, 2012
and that a lien is placed on the property. Photos of the property were entered
into record under “Exhibit C”. No one was present to testify.
MOTION by Alice Haldeman, SECOND by Ben Wagner that the Board
finds Regions Bank c/o Rush, Marshall, Jones & Kelly in violation of
Section 10-4 of the Code of Ordinances continuing the citation fine of
$75.00 and an additional fine of $50.00 per day each day the violation
exists past March 9, 2012 and for a lien to be placed on the property if
not satisfied by March 14, 2012. It is also recommended that the Board
issue a Board Order requesting the City Manager approve the removal
of debris if the violation is not corrected by March 9, 2012 and that a
lien is placed on the property. MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
None at this time.
CODE COMPLIANCE REPORT:
None.
PUBLIC COMMENT:
None.
BOARD DISCUSSION:
None at this time.
ADJOURNMENT
Chairperson Linda Johnson adjourned the meeting at 3:25 p.m.
Next Meeting scheduled for April 12, 2012 at 2:00 p.m.
Minutes respectfully submitted by,
Tabitha Russell
Code Compliance Board Minutes
March 8, 2012
Page 7