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06-09-2011 idi. e City of „ W GE�!VATER CODE ENFORCEMENT BOARD Thursday, June 9, 2011 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 2:00 PM in the Community Center. ROLL CALL Members present: Linda Johnson, Glenn Barnhill, Ed Corn, Sherry Lester, Gail Anderson, and Alice Haldeman. Also present were Fire Marshal Jeff Lariscy, Code Officer Mike McGrath, and Board Coordinator Shontella Jackson. Absent and excused: Ben Wagner. APPROVAL OF MINUTES The Minutes for the regular meeting of May 12, 2011 were presented to the Board for approval. MOTION by Alice Haldeman, SECOND by Gail Anderson to adopt the minutes of the Regular Code Compliance Board meeting on May 12, 2011, as written. MOTION CARRIED, UNANIMOUSLY, SWEARING IN OF WITNESSES: Marta Orlowski of 1857 Date Palm Dr., Edgewater, FL; Code Officer Mike McGrath and Fire Marshal Jeff Lariscy were sworn in. CASE(S) IN COMPLIANCE: Case #2011-CE-104230, 1854 Queen Palm Dr., Edgewater, FL; T D Bank National Assoc and Case #2011-CE-104282, 431 Palmetto St., Edgewater, FL; Space Coast Credit Union. Code Enforcement Board Minutes June 9,2011 Page 1 Tabled Case #2011-CE-8029 (A, B, C & D), 132 W. Park Ave. #13 & 14, Edgewater, FL; Fraternal Order of Eagles #4242. NEW BUSINESS: Case #2011-CE-104238, (Repeat) 1857 Date Palm Dr., Edgewater Florida; Marta Orlowski, 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 Marta Orlowski in repeat violation of Section 10-98 of the Code of Ordinance assessing a citation fine of $150.00, an additional fine of $100.00 per day for each day the violation exists pas June 10, 2011 and for a lien to be placed on the property if not satisfied by June 15, 2011. 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 June 10, 2011 and that a lien is placed on the property. Officer McGrath presented a photograph labeled Exhibit A for the Board to review. Ms. Orlowski stated that the property has flowers known as spiderworts growing and blooming on her property at this time. Ms. Orlowski states she is saying goodbye to grass and that these plants are drought tolerant. Ms. Orlowski presented literature to the Board labeled Exhibit B, C, and D. Exhibit B contains an article dated May 21, 2011 from the Daytona Beach News- Journal with the title "Goodbye to Grass" and Exhibit C was a two page article from Full Moon Natives. Exhibit D was an article "Native Perennials for the Southeast" by Peter Loewer. Ms. Orlowski states she plans to have these spiderworts in her entire yard and she has been growing them for two years. The Board had a brief discussion. MOTION by Sherry Lester, SECOND by Ed Corn that the Board finds Marta Orlowski in repeat violation of Section 10-98 of the Code of Ordinance assess the citation fine of $150.00, an additional fine of$100.00 per day for each day the violation exists pas June 10, 2011 and for a lien to be placed on the property if not satisfied by June 15, 2011. 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 June 10, 2011 and that a lien is placed on the property. MOTION CARRIED UNANIMOUSLY, Case #2011-CE-104128, 3014 Pine Tree Dr., Edgewater Florida; William Hylwa, 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 William Hylwa 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 June 15, 2011. Officer McGrath states the property has been maintained. No one was present for this case. The Board had a brief discussion. MOTION by Alice Code Enforcement Board Minutes June 9,2011 Page 2 Haldeman, SECOND by Ed Corn that the Board finds William Hylwa in violation of Section 10-98 of the Code of Ordinance accessing the citation fine of$75.00 and for a lien to be placed on the property if not satisfied by June 15. 2011. )NOTION CARRIED UNANIMOUSLY, Case #2011-CE-104196, 2519 Fern Palm Dr., Edgewater Florida; Cleland Warren, 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 Cleland Warren in violation of Section 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 exists past June 10, 2011 also for a lien to be placed on the property if not satisfied by June 15, 2011. It is also recommended that the Board issue a Board Order requesting the City Manager approve the removal or securing of the fence by City staff if not corrected by June 10, 2011 and for a lien to be placed on the property. No one was present for this case. Officer McGrath stated that it's a make shift fence and the property is vacant. Officer McGrath entered photos labeled Exhibit E. No one was present for the case. The Board had a brief discussion. MOTION by Gail Anderson, SECOND by Glen Barnhill that the Board finds Cleland Warren 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 June 10, 2011 also for a lien to be placed on the property if not satisfied by June 15, 2011. It is also recommended that the Board issue a Board Order requesting the City Manager approve the removal or securing of the fence by city staff if the violation is not corrected by June 10, 2011 and a lien is placed on the_urooerty. MOTION CARRIED UNANIMOUSLY, Case #2011-CE-104199, 110 Lincoln Rd., Edgewater Florida; Douglas & Cara Swayze, 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 Douglas & Cara Swayze in violation of Section 10-4 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 exists past June 10, 2011; also for a lien to be placed on the property if not satisfied by June 15, 2011. It is also recommended that the Board issue a Board Order requesting the City Manager approve the cutting of the tree by city staff if the violation is not corrected by June 9, 2011 and that a lien is placed on the property. Officer McGrath states the property has been vacant for approximately two years. No one was present for this case. MOTION by Glen Barnhill, SECOND by Gail Anderson that the Board finds Douglas & Cara Swayze 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 per day for each Code Enforcement Board Minutes June 9,2011 Page 3 day the violation exists past June 10, 2011 and for a lien to be placed on the property if not satisfied by June 15, 2011. It is also recommended that the Board issue a Board Order requesting the City Manager approve the cutting of the tree by city staff if the violation is not corrected by June 9, 2011 and that a lien is placed on the property. MOTION CARRIED UNANIMOUSLY, Case #2011-CE-104219, 2114 Queen Palm Dr., Edgewater Florida; Dawn DiMartino, 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 Dawn DiMartino in violation of Section 10-98 of the Code of Ordinance assessing a citation fine of $75.00 and for an additional fine of $50.00 each day the violation exists past June 10, 2011; also for a lien to be placed on the property if not satisfied by June 15, 2011. 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 June 10, 2011 and that a lien be placed on the property. Officer McGrath states the property is vacant and certified mail was returned unclaimed. No one was present for this case. MOTION by Alice Haldeman, SECOND by Glenn Barnhill that the Board finds Dawn DiMartino in violation of Section 10-98 of the Code of Ordinance continuing the citation fine of citation fine of $75.00 and for an additional fine of $50.00 each day the violation exists past June 10, 2011; also for a lien to be placed on the property if not satisfied by June 15, 2011. 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 June 10, 2011 and that a ien be olaced on the Dronerty. MOTION CARRIED UNANIMOUSLY, Case #2011-CE-104228, 2214 Pine Tree Dr., Edgewater Florida; The Housemen LLC, 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 The Housemen LLC 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 June 10, 2011 and for a lien to be placed on the property if not satisfied by June 15, 2011. 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 June 10, 2011 and that a lien be placed on the property. Code Supervisor Jeff Lariscy states the property is vacant and the certified mail was returned signed. No one was present for this case. MOTION by Gail Anderson, SECOND by Ed Corn that the Board finds The Housemen LLC 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 each day the Code Enforcement Board Minutes June 9,2011 Page 4 violation exists past June 10, 2011 and for a lien to be placed on the property if not satisfied by June 15, 2011. 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 June 15, 2011 and that a lien be placed on the property. MOTION CARRIED UNANIMOUSLY, Case #2011-CE-104237 (A), 2406 India Palm Dr., Edgewater Florida; HSBC Bank USA Natl. Assoc. Tr., Violation of Section 10-83 (Neglected premise). Code Officer Mike McGrath presented the case summary to the Board. Code Officer Mike McGrath presented staff's recommendation to find HSBC Bank USA Natl. Assoc. Tr. in violation of Section 10-83 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 June 10, 2011 and for a lien to be place on the property if not satisfied by June 15, 2011. It is also recommended that the Board issue a Board Order requesting the City Manager approve the removal of the sofa and misc. debris by city staff if the violation is not corrected by June 10, 2011 and that a lien is placed on the property. Code Officer Mike McGrath stated the property is vacant. No one was present for this case. MOTION by Sherry Lester, SECOND by Alice Haldeman that the Board finds HSBC Bank USA Natl. Assoc. Tr. 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 each day the violation exists past June 10, 2011; also for a lien to be placed on the property if not satisfied by June 15, 2011. It is also recommended that the Board issue a Board Order requesting the City Manager approve the removal of the sofa and misc. debris by city staff if the violation is not corrected by June 10, 2011 and a lien is placed on e property. MOTION CARRIED UNANIMOUSLY. Case #2011-CE-104237 (B), 2406 India Palm Dr., Edgewater Florida; HSBC Bank USA Natl. Assoc. Tr., 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 HSBC Bank USA Natl. Assoc. Tr. 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 June 10, 2011 and for a lien to be placed on the property if not satisfied by June 15, 2011. 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 June 10, 2011 and that a lien be placed on the property. Officer McGrath states the property is vacant and the certified mail was returned unclaimed. No one was present for this case. MOTION by Alice Haldeman, SECOND by Sherry Lester that the Board finds HSBC Bank USA Nat'l. Assoc. Tr. in violation of Section 10-98 of the Code of Ordinance continuing the citation fine of $75.00 and an additional fine Code Enforcement Board Minutes June 9,2011 Page 5 of $50.00 each day the violation exists past June 10, 2011; also for a lien to be placed on the property if not satisfied by June 15, 2011. 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 June 10, 2011 also for a lien be placed on he property. MOTION CARRIED UNANIMOUSLY, Case #2011-CE-104284, (Repeat) 2011 Sabal Palm Dr., Edgewater Florida; Nicholas Hammer, 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 Nicholas Hammer 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 each day the violation exists past June 10, 2011 and for a lien to be placed on the property if not satisfied by June 15, 2011. 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 June 10, 2011 and for a lien be placed on the property. Officer McGrath states the property is vacant. No one was present for this case. MOTION by Ed Corn, SECOND by Gail Anderson that the Board finds Nicholas Hammer 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 June 10, 2011; also for a lien to be placed on the property if not satisfied by June 15, 2011. 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 June 10, 2011 and for a lien be placed on the property. )IOTION CARRIED UNANIMOUSLY, Case #2011-CE-104242 (A), 2904 Mango Tree Dr., Edgewater Florida; Julius & Victoria Piskor Jr., Violation of Section 10-214 (Swimming pools). Code Officer Mike McGrath presented the case summary to the Board. Code Officer Mike McGrath presented staff's recommendation to find Julius &Victoria Piskor Jr. in violation of Section 10-4 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 June 10, 2011 and for a lien to be placed on the property if not satisfied by June 15, 2011. Officer McGrath states the property is vacant. No one was present for this case. MOTION by Alice Haldeman, SECOND by Ed Corn that the Board finds Julius &Victoria Piskor Jr. in violation of Section 10-214 of the Code of Ordinance continuing the citation fine of $75.00 and for a lien to be placed on the property. NOTION CARRIED UNANIMOUSLY, Case #2011-CE-104242 (B), 2904 Mango Tree Dr., Edgewater Florida; Julius & Victoria Piskor Jr., Violation of Section 10-215 (Enclosure). Code Enforcement Board Minutes June 9,2011 Page 6 Code Officer Mike McGrath presented the case summary to the Board. Code Officer Mike McGrath presented staff's recommendation to find Julius &Victoria Piskor Jr. in violation of Section 10-215 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 June 10, 2011 and for a lien to be placed on the property if not satisfied by June 15, 2011. Officer McGrath states the property is vacant and the enclosure has been secured. No one was present for this case. MOTION by Glenn Barnhill, SECOND by Sherry Lester that the Board finds Julius & Victoria Piskor Jr. in violation of Section 10-215 of the Code of Ordinance continuing the citation fine of $75.00 and for a lien to be placed on the Drooerty. JvIOTION CARRIED UNANIMOUSLY, Case #2011-CE-104242 (C), 2904 Mango Tree Dr., Edgewater Florida; Julius & Victoria Piskor Jr., 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 Julius & Victoria Piskor Jr. 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 June 10, 2011 and for a lien to be placed on the property if not satisfied by June 15, 2011. 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 June 10, 2011 and that a lien be placed on the property. No one was present for this case. MOTION by Ed Corn, SECOND by Gail Anderson that the Board finds Julius &Victoria Piskor Jr. 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 each day the violation exists past June 10, 2011; also for a lien to be placed on the property if not satisfied by June 15, 2011. 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 June 10, 2011 and that a lien be placed on the property. MOTION CARRIED UNANIMOUSLY, Case #2011-CE-104314 (Repeat), 2418 Juniper Dr., Edgewater Florida; Missie Lee, 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 Missie Lee 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 each day the violation exists past June 10, 2011 and for a lien to be placed on the property if not satisfied by June 15, 2011. 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 June 10, 2011 and that a lien be placed on the property. Code Officer McGrath states the property is vacant and has been Code Enforcement Board Minutes June 9,2011 Page 7 presented before the Board in August and September. No one was present for this case. MOTION by Glenn Barnhill, SECOND by Sher/ Lester that the Board finds Missie Lee 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 da the violation exists past June 10, 2011• also • - 1 • • - • . - I • , 1 - • • • ' I 1 • - I • It is also recommended that the Board issue a Board Order requesting the Ci Mana•er approve the cutting of the •rass by city staff if the violation is not corrected by June 10, 2011 and that a lien be placed on the property. flOTION CARRIED UNANIMOUSLY, Case #2011-CE-104315 Repeat, 2920 India Palm Dr., Edgewater Florida; Lisa David & Shandaneaka Hopburn, 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 Lisa David & Shandaneaka Hopburn in repeat violation of Section 10-4 of the Code of Ordinance assessing a citation fine of $150.00 and for an additional fine of $100.00 per day for each day the violation exists past June 10, 2011 and for a lien to be placed on the property if not satisfied by June 15, 2011. It is also recommended that the cutting of the grass and the removal of misc. debris by city staff if the violation is not corrected by June 10, 2011 and that a lien is placed on the property. Officer McGrath entered a photograph labeled Exhibit F to the Board. Officer McGrath states the property is vacant. No one was present for this case. MOTION by Gail Anderson, SECOND by Ed Corn that the Board finds Lisa David & Shandaneaka Hopburn in repeat violation of Section 10-4 of the Code of Ordinance continuing the citation fine of 150.00 and for an .dditional fine of $100.00 per day for each day the • • 1 - • . _ 1 - 1 I . 1 ! • ' 1 • • ' • " I • 1 1 - property if not satisfied by June 15, 2011. It is also recommended that the cutting of the ar.ss and the removal of misc. debris b ' al the violation is not corrected by June 10, 2011 and that a lien is placed on the property. MOTION CARRIED UNANIMOUSLY, Case #2011-CE-104319 Repeat, 1818 Date Palm Dr., Edgewater Florida; Richard &Amanda Balicki, 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 & Amanda Balicki in repeat violation of Section 10-98 of the Code of Ordinance continuing the citation fine of $150.00, an additional fine of $100.00 per day for each day the violation exists past June 10, 2011 and for a lien to be placed on the property if not satisfied by June 15, 2011. 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 June 10, 2011 and that a lien is placed on the property. Officer McGrath states the property is vacant. Code Enforcement Board Minutes June 9,2011 Page 8 No one was present for this case. MOTION by Sherry Lester, SECOND by Alice Haldeman that the Board finds Richard &Amanda Balicki in repeat violation of Section 10-98 of the Code of Ordinance continuing the citation fine of $150.00, an additional fine of$100.00 per day for each day the violation exists past June 10, 2011 and for a lien to be placed on the property if not satisfied by June 15, 2011. 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 June 10, 2011 and that a lien is placed on the property. MOTION CARRIED UNANIMOUSLY, Case #2011-CE-104166, 2917 Tamarind Dr., Edgewater Florida; Daniel & Ellen Gronwoldt, 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 Daniel & Ellen Gronwoldt in violation of Section 10-4 of the Code of Ordinance assessing a continuing the citation fine of $75.00 and that a lien is placed on the property if not satisfied by June 15, 2011. Officer McGrath states the owners have removed the tree. No one was present for this case. MOTION by Ed Corn, SECOND by Glenn Barnhill that the Board dismisses the case and abates the ■- . MOTION CARRIED UNANIMOUSLY, Case #2011-CE-104277, 2931 Vista Palm Dr., Edgewater Florida; Joseph & Nancy Davis, 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 Joseph & Nancy Davis in violation of Section 10-98 of the Code of Ordinance assessing a citation fine of $75.00, an additional fine of$50.00 per day for each day the violation exists past June 10, 2011 and that a lien is placed on the property if not satisfied by June 15, 2011. 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 June 10, 2011 and that a lien is placed on the property. Officer McGrath states the certified mail was unclaimed. No one was present for this case. MOTION by Glenn Barnhill, SECOND by Gail Anderson that the Board finds Joseph & Nancy Davis in violation of Section 10-98 of the Code of Ordinance continuing the citation fine of $75.00, an additional fine of $50.00 per day for each day the violation exists past June 10, 2011 and that a lien is placed on the property if not satisfied by June 15, 2011. 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 June 10, 2011 and that a lien is placed on the property. MOTION CARRIED UNANIMOUSLY, Code Enforcement Board Minutes June 9,2011 Page 9 OTHER BUSINESS: None at this time. CODE COMPLIANCE REPORT: PUBLIC COMMENT: Ms. Orlowski questioned the City if there were any funds available to assist the property owners with their property. Code Supervisor Jeff Lariscy stated if she need assistant to contact him after the meeting and he would find some resources to assist with her property. BOARD DISCUSSION: ADJOURNMENT Chairperson Linda Johnson adjourned the meeting at 3:54 p.m. Next Meeting scheduled for July 14, 2011 at 2:00 p.m. Minutes respectfully submitted by, Shontella Jackson Board Coordinator Code Enforcement Board Minutes June 9,2011 Page 10