04-08-2010 a4`4 r 4qV c *i ',i u k
IL-1EDGEWATEI�
CODE COMPLIANCE BOARD
Thursday, April 8, 2010
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, Alice Haldeman, Glenn Barnhill, Ben Wagner,
Gail Anderson, Ed Corn and Sherry Lester. Also present were Code Supervisor
Angela Desue, Code Officers Robin Bell and Mike McGrath, City Attorney Ty
Harris and Board Coordinator Tabitha Russell.
APPROVAL OF MINUTES
The Minutes for the regular meeting of March 11, 2010 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 March 11,
2010, as written.
MOTION CARRIED UNANIMOUSLY,
SWEARING IN OF WITNESSES:
Code Supervisor Angela Desue, Code Officers Robin Bell and Mike McGrath
Darren Lear, Tracey Barlow and Pat Drosten — City of Edgewater,
Peter Alastra- 220 N. Ridgewood Ave., Colin Doyle- 3112 Queen Palm Dr.
Worldley Frye, IV- 3125 Yule Tree Dr.
Code Compliance Board Minutes
April 8,2010
Page 1
There was a consensus among the Board to move the following cases to the
beginning of the agenda:
Case # 2010-CE-3001 (A, B, C, D)
Case # 2010-CE-1208
Case # 2010-CE-3014
Case # 2010-CE-1119
Case # 2010-CE-3030
NEW BUSINESS:
Case #2010-CE-3001(A, B, C, D), 3020 Lime Tree Dr., Edgewater Florida;
Jane Church. Violation of Sections 10-4 (Nuisances Generally) (A), 10-90
(Sanitary Disposal) (B), 10-198 (Vacant Structures and Land) (C) and 10-287
(Responsibility) (D).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Jane Church
in violation of Sections 10-4, 10-90, 10-198, and 10-287 of the Code of
Ordinances assessing a citation fine of $75.00 per violation, and an additional
fine of $50.00 per violation, per day for each day the violation exists past April 9,
2010 and for a lien to be placed on the property if not satisfied by April 14, 2010.
It is also recommended that the Board issue a Board Order requesting the City
Manager approve the removal of debris and garbage from the property by City
staff if the violations are not corrected by April 9, 2010 and that a lien is placed
on the property. This case was worked and managed by Code Officer Robin Bell.
Tracey Barlow, City Manager provided background information regarding the
case. No one was present to testify.
MOTION by Ed Corn, SECOND by Sherry Lester that the Board finds
Jane Church 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 April 9, 2010 and for a lien to
be placed on the property if not satisfied by April 14, 2010.
It is also recommended that the Board issue a Board Order requesting
the City Manager approve the removal of debris and garbage from the
property by City Staff if the violations are not corrected by April 9,
2010 and that a lien is placed on the property.
MOTION CARRIED UNANIMOUSLY,
MOTION by Ed Corn, SECOND by Glenn Barnhill that the Board finds
Jane Church in violation of Section 10-90 of the Code of Ordinances
assessing a citation fine of$75.00 and an additional fine of $50.00 per
Code Compliance Board Minutes
April 8,2010
Page 2
day for each day the violation exists past April 9, 2010 and for a lien to
be placed on the property if not satisfied by April 14, 2010.
MOTION CARRIED UNANIMOUSLY,
MOTION by Alice Haldeman, SECOND by Gail Anderson that the Board
finds Jane Church in violation of Section 10-198 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 April 9, 2010 and
for a lien to be placed on the property if not satisfied by April 14, 2010.
MOTION CARRIED UNANIMOUSLY,
MOTION by Glenn Barnhill, SECOND by Sherry Lester that the Board
finds Jane Church in violation of Section 10-287 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 April 9, 2010 and
for a lien to be placed on the property if not satisfied by April 14, 2010.
MOTION CARRIED UNANIMOUSLY,
Case #2010-CE-1208, 3125 Yule Tree Dr., Edgewater Florida; Worldley D. Frye
IV and Viktoriya Kyrymova JTRS. Violation of Section 10-80 (Outdoor Storage
Residential)
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Worldley D.
Frye IV and Viktoriya Kyrymova JTRS in violation of Section 10-80 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 April 9, 2010 and for a lien to be
placed on the property if not satisfied by April 14, 2010. This case was worked
and managed by Code Officer Robin Bell. Worldley Frye, IV spoke to the Board in
regards to the violation.
MOTION by Ed Corn, SECOND by Ben Wagner to continue the case to
the May 13, 2010 meeting. The Board requests that Staff take a picture
of the property the day before or day of the May meeting to see what
items are still on the property at that time.
MOTION CARRIED 5-2 with Gail Anderson and Sherry Lester voting NO
Case #2009-CE-3014 220 N. Ridgewood Ave. Edgewater Florida ; Peter Alastra.
Violation of Section 10-83 (Neglected Premises).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Peter Alastra
in violation of Section 10-83 of the Code of Ordinances assessing a citation fine
of $75.00 and for a lien to be placed on the property if not satisfied by April 14,
2010. This case was worked and managed by Code Officer Mike McGrath. Peter
Alastra spoke to the Board in regards to the violation.
MOTION by Ben Wagner, SECOND by Sherry Lester that the Board finds
Peter Alastra in violation of Section 10-83 of the Code of Ordinances
Code Compliance Board Minutes
April 8,2010
Page 3
and assesses the citation fine of$75.00 and for a lien to be placed on
the property if not satisfied by April 14, 2010.
MOTION CARRIED UNANIMIOUSLY,
Case #2010-CE-1119 (A & B), 3112 Queen Palm Dr., Edgewater Florida; Colin
Doyle, William and Ruth Doyle. Violation of Sections 10-121 (Watercraft/Trailers)
(A) and 10-83 (Neglected Premises)(B).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Colin Doyle &
William and Ruth Doyle in violation of Sections 10-121 and 10-83 of the Code of
Ordinances assessing a citation fine of $75.00 for each violation and an
additional fine of $50.00 per violation, per day for each day the violation exists
pasts April 9, 2010 and for a lien to be placed on the property if not satisfied by
April 14, 2010. This case was worked and managed by Code Officer Mike
McGrath. Colin Doyle spoke to the Board in regards to the violations.
MOTION by Sherry Lester, SECOND by Ben Wagner that the Board finds
Colin Doyle &William and Ruth Doyle in violation of Section 10-121 of
the Code of Ordinances and assesses the citation fine of $75.00, an
additional fine of $50.00 per day for each day the violation exists past
April 9, 2010 and for a lien to be placed on the property if not satisfied
by April 14, 2010.
Mr. Wagner withdrew his second and the motion died with a lack of a
second,
MOTION by Alice Haldeman , SECOND by Gail Anderson that the Board
finds Colin Doyle &William and Ruth Doyle in violation of Section 10-
121 of the Code of Ordinances and waives the citation fine of $75.00.
Mr. Doyle has until May 8, 2010 to come into compliance. If he does
not come into compliance, the citation fee of $75.00 is reinstated and
an additional fine of$50.00 per day for each day the violation exists
past May 8, 2010 will be assessed and a lien is to be placed on the
property if not satisfied by May 13, 2010.
MOTION CARRIED 6-1 with Sherry Lester voting NO
MOTION by Ben Wagner, SECOND by Gail Anderson that the Board
finds Colin Doyle &William and Ruth Doyle in violation of Section 10-
83 of the Code of Ordinances and assesses the citation fine of $75.00,
an additional fine of $50.00 per day for each day the violation exists
past April 9, 2010 and for a lien to be placed on the property if not
satisfied by April 14, 2010.
MOTION CARRIED 5-2 with Ed Corn and Glenn Barnhill voting NO
Code Compliance Board Minutes
April 8,2010
Page 4
Chairwoman Johnson called a 5 minute recess at 3:50. The Board
reconvened at 3:55,
Case #2010-CE-3030, 1903 Mango Tree Dr., Edgewater Florida; Thomas
Belmonte, Jr. Violation of Section 21-34.01 (Home Occupations).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Thomas
Belmonte, Jr. in violation of Section 21-34.01 of the Land Development Code
assessing a citation fine of $75.00, and an additional fine of $50.00 per day for
each day the violation exists past April 9, 2010 and for a lien to be placed on the
property if not satisfied by April 14, 2010. It is also recommended that the Board
give notice to Mr. Belmonte Jr. for violating his Certificate of Use. This case was
worked and managed by Code Officer Mike McGrath. Pat Drosten, City of
Edgewater, provided information to the Board in regards to the Certificate of
Use. No one was present to testify.
MOTION by Alice Haldeman, SECOND by Ben Wagner that the Board
finds Thomas Belmonte, Jr. in violation of Section 21-34.01 of the Land
Development Code and assesses the citation fine of $75.00, an
additional fine of $50.00 per day for each day the violation exists past
April 9, 2010 and for a lien to be placed on the property if not satisfied
by April 14, 2010.The Board also recommends Staff give notice to
Thomas Belmonte, Jr. for violating his Certificate of Use
MOTION CARRIED UNANIMIOUSLY,
Case #2010-CE-2012, 2632 Victory Palm Dr., Edgewater Florida ; Matthew and
Candace Vieira. Violation of Section 10-4 (Nuisances Generally).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Matthew and
Candace Vieira 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 each day the
violation exists past April 9, 2010 and for a lien to be placed on the property if
not satisfied by April 14, 2010. This case was worked and managed by Code
Supervisor Angela Desue. No one was present to testify.
MOTION by Glenn Barnhill , SECOND by Ed Corn that the Board finds
Matthew and Candace Vieira in violation of Section 10-4 of the Code of
Ordinances and assesses the citation fine of $75.00, an additional fine
of$50.00 per day each day the violation exists past April 9, 2010 and
for a lien to be placed on the property if not satisfied by April 14, 2010.
MOTION CARRIED UNANIMIOUSLY,
Code Compliance Board Minutes
April 8,2010
Page 5
Case #2010-CE-1286, 2359 Evergreen Dr., Edgewater Florida; Jason Logan.
Violation of Section 10-83 (Neglected Premises).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Jason Logan
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 April 9, 2010 and for a lien to be placed on the property if not
satisfied by April 14, 2010. It is also recommended that the Board issue a Board
Order requesting the City Manager approve the maintenance of the fence by City
Staff if the violation is not corrected by April 9, 2010 and that a lien is placed on
the property. This case was worked and managed by Code Officer Robin Bell. No
one was present to testify.
MOTION by Ben Wagner, SECOND by Gail Anderson that the Board
finds Jason Logan in violation of Section 10-83 of the Code of
Ordinances and assesses the citation fine of$75.00, an additional fine
of$50.00 per day for each day the violation exists past April 9, 2010
and for a lien to be placed on the property if not satisfied by April 14,
2010. It is also recommended that the Board issue a Board Order
requesting the City Manager approve the maintenance of the fence by
City Staff if the violation is not corrected by April 9, 2010
MOTION CARRIED UNANIMIOUSLY,
Case #2010-CE-2029, 3422 Tamarind Dr., Edgewater Florida; William and
Suzanne Inklebarger. Violation of Section 10-83 (Neglected Premises).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find William and
Suzanne Inklebarger in violation of Section 10-83 of the Code of Ordinances
assessing a citation fine of $75.00, an additional fine of $50.00 per day for each
day the violation exists past April 9, 2010 and for a lien to be placed on the
property if not satisfied by April 14, 2010. It is also recommended that the Board
issue a Board Order requesting the City Manager approve the maintenance of the
pool by City Staff if the violation is not corrected by April 9, 2010 and that a lien
is placed on the property. This case was worked and managed by Code Officer
Robin Bell. No one was present to testify.
MOTION by Ed Corn, SECOND by Glenn Barnhill that the Board finds
William and Suzanne Inklebarger in violation of Section 10-83 of the
Code of Ordinances and assesses the citation fine of $75.00, an
additional fine of $50.00 per day for each day the violation exists past
April 9, 2010 and for a lien to be placed on the property if not satisfied
Code Compliance Board Minutes
April 8,2010
Page 6
by April 14, 2010. It is also recommended that the Board issue a Board
Order requesting the City Manager approve the maintenance of the
pool by City Staff if the violation is not corrected by April 9, 2010 and
that a lien is placed on the property.
MOTION CARRIED UNANIMIOUSLY,
Case #2010-CE-1296, 1930 Fern Palm Dr., Edgewater Florida; James Rosa.
Violation of Section 10-121 (Storage/Parking of Recreational Vehicles).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find James Rosa
in violation of Section 10-121 of the Code of Ordinances assessing a citation fine
of $75.00 and for a lien to be placed on the property if not satisfied by April 14,
2010. This case was worked and managed by Code Officer Robin Bell. No one
was present to testify.
MOTION by Glenn Barnhill, SECOND by Sherry Lester that the Board
finds James Rosa in violation of Section 10-121 of the Code of
Ordinances and assesses the citation fine of $75.00 and for a lien to be
placed on the property if not satisfied by April 14, 2010.
MOTION CARRIED UNANIMIOUSLY,
Case #2010-CE-3028, 1872 Mango Tree Dr., Edgewater Florida; Owen Trafford.
Repeat Violation of Section 21-34.01 (Home Occupations).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Owen
Trafford in repeat violation of Section 21-34.01 of the Land Development Code
assessing a repeat citation fine of $150.00, and an additional fine of $100.00 per
day for each day the repeat violation exists past April 9, 2010 and for a lien to be
placed on the property if not satisfied by April 14, 2010. This case was worked
and managed by Code Officer Mike McGrath. No one was present to testify.
MOTION by Gail Anderson, SECOND by Glenn Barnhill that the Board
finds Owen Trafford in repeat violation of Section 21-34.01 of the Land
Development Code and assesses the repeat citation fine of$150.00, an
additional fine of $100.00 per day for each day the repeat violation
exists past April 9, 2010 and for a lien to be placed on the property if
not satisfied by April 14, 2010.
MOTION CARRIED UNANIMIOUSLY,
Code Compliance Board Minutes
April 8,2010
Page 7
Case #2010-CE-2002, 3029 Kumquat Dr., Edgewater Florida; Michael Brown and
Carol Coleman. Violation of Section 10-4 (Nuisances Generally).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Michael
Brown and Carol Coleman 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 April 9, 2010 and for a lien to be placed on the
property if not satisfied by April 14, 2010. It is also recommended that the Board
issue a Board Order requesting the City Manager approve the repair of the fence
by City Staff if the violation is not corrected by April 9, 2010 and that a lien is
placed on the property. This case was worked and managed by Code Officer
Mike McGrath. No one was present to testify.
MOTION by Ben Wagner, SECOND by Gail Anderson that the Board
finds Michael Brown and Carol Coleman in violation of Section 10-4 of
the Code of Ordinances and assesses the citation fine of $75.00, an
additional fine of $50.00 per day for each day the violation exists past
April 9, 2010 and for a lien to be placed on the property if not satisfied
by April 14, 2010. It is also recommended that the Board issue a Board
Order requesting the City Manager approve the repair of the fence by
City Staff if the violation is not corrected by April 9, 2010
MOTION CARRIED UNANIMIOUSLY,
Case #2010-CE-1150, 2529 Travelers Palm Dr., Edgewater Florida; John and
Angel Capo. Repeat Violation of Section 10-121 (Watercraft/Trailers).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find John & Angel
Capo in repeat violation of Section 10-121 of the Code of Ordinances assessing a
repeat citation fine of$150.00, and an additional fine of $100.00 per day for
each day the repeat violation exists past April 9, 2010 and for a lien to be placed
on the property if not satisfied by April 14, 2010. This case was worked and
managed by Code Officer Mike McGrath. No one was present to testify.
MOTION by Glenn Barnhill, SECOND by Ed Corn that the Board finds
John and Angel Capo in repeat violation of Section 10-121 of the Code
of Ordinances and assesses the repeat citation fine of$150.00, an
additional fine of$100.00 per day for each day the violation exists past
April 9, 2010 and for a lien to be placed on the property if not satisfied
by April 14, 2010,
NOTION CARRIED UNANIMIOUSLY,
Code Compliance Board Minutes
April 8,2010
Page 8
Case #2010-CE-1223, 3324 Woodland Dr., Edgewater Florida; Ida Peacock.
Violation of Section 10-83 (Neglected Premises).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Ida Peacock
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 April 9, 2010 and for a lien to be placed on the property if not
satisfied by April 14, 2010. This case was worked and managed by Code Officer
Mike McGrath. No one was present to testify.
MOTION by Gail Anderson, SECOND by Sherry Lester that the Board
finds Ida Peacock in violation of Section 10-83 of the Code of
Ordinances and assesses the citation fine of$75.00, an additional fine
of$50.00 per day for each day the violation exists past April 9, 2010
and for a lien to be placed on the property if not satisfied by April 14,
2010.
MOTION CARRIED UNANIMIOUSLY,
Case #2010-CE-3033, 315 N. Ridgewood Ave., Edgewater Florida; Daniel
Harrington Land Trust 315. Repeat Violation of Section 21-60.04 (Prohibited
Signs).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Daniel
Harrington Land Trust 315 in repeat violation of Section 21-60.04 of the Land
Development Code assessing a repeat citation fine of $150.00 and for a lien to
be placed on the property if not satisfied by April 14, 2010. This case was
worked and managed by Code Officer Mike McGrath. No one was present to
testify.
MOTION by Sherry Lester, SECOND by Gail Anderson that the Board
finds Daniel Harrington Land Trust 315 in repeat violation of Section
21-60.04 of the Land Development Code and assesses the repeat
citation fine of $150.00 and for a lien to be placed on the property if
not satisfied by April 14, 2010.
MOTION CARRIED UNANIMIOUSLY,
Case #2010-CE-1105 (A & B), 1703 Queen Palm Dr., Edgewater Florida; Albert
Daniel Jr. Violation of Sections 10-83 (Neglected Premises)(A) and 10-98
(Property Maintenance) (B).
Code Supervisor Angela Desue presented the case summary to the Board. Code
Supervisor Angela Desue presented staff's recommendation to find Albert Daniel
Code Compliance Board Minutes
April 8,2010
Page 9
Jr. in violation of Sections 10-83 and 10-98 of the Code of Ordinances assessing
a citation fine of $75.00 for each violation, and an additional fine of $50.00 per
day, per violation for each day the violations exist past April 9, 2010 and for a
lien to be placed on the property if not satisfied by April 14, 2010. It is also
recommended that the Board issue a Board Order requesting the City Manager
approve the removal of debris & cutting of the grass by City Staff if the violation
is not corrected by April 9, 2010 and that a lien is placed on the property. This
case was worked and managed by Code Officer Mike McGrath. No one was
present to testify.
MOTION by Ed Corn, SECOND by Glenn Barnhill that the Board finds
Albert Daniel Jr. in violation of Section 10-83 of the Code of Ordinances
and assesses the citation fine of $75.00, an additional fine of $50.00
• - • . • . I . I • .• . • . _ • " ' 1 1 . 1 8 •
lien to be placed on the property if not satisfied by April 14, 2010. It is
also recommended that the Board issue a Board Order requesting the
City Manager approve the removal of debris by City Staff if the
violation is not corrected by April 9, 2010
MOTION CARRIED UNANIMIOUSLY,
MOTION by Ed Corn, SECOND by Glenn Barnhill that the Board finds
Albert Daniel Jr. in violation of Section 10-98 of the Code of Ordinances
and assesses the citation fine of $75.00, an additional fine of $50.00
per day for each day the violation exists past April 9, 2010 and for a
lien to be placed on the property if not satisfied by April 14, 2010. It is
also recommended that the Board issue a Board Order requesting the
City Manager approve the cutting of grass by City Staff if the violation
is not corrected by April 9, 2010
MOTION CARRIED UNANIMIOUSLY,
OTHER BUSINESS:
None at this time.
CODE COMPLIANCE REPORT:
None at this time.
PUBLIC COMMENT:
None at this time.
Code Compliance Board Minutes
April 8,2010
Page 10
BOARD DISCUSSION:
Mr. Wagner stated that his term was going to expire next month and asked the
Board to endorse his request to keep him on for another term. The procedures of
reappointment were in question. Staff stated that the vote for reappointment
needed to be on the agenda and recommended that no action be taken until
procedures could be confirmed as there would still be enough time before Mr.
Wagner's term expired. The Board decided to make a motion in regards to the
reappointment of Mr. Wagner, Sherry Lester and Ed Corn. Staff stated that any
motion at this meeting would be null and void if the procedures of reappointment
were not followed correctly.
MOTION by Linda Johnson, SECOND by Alice Haldeman to send a
written recommendation to City Council for the reappointment of Ben
Wagner, Sherry Lester and Ed Corn for another term.
MOTION CARRIED UNANIMIOUSLY,
ADJOURNMENT
1 .- • I . ' I I • l • . '• 1 - I I l I - - •I I • ' 1 1 • 11
Next Meeting scheduled for May 13, 2010 at 2 p.m.
Minutes respectfully submitted by,
Tabitha Russell
Board Coordinator
Code Compliance Board Minutes
April 8,2010
Page 11