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02-10-2011 City of IL.ED GE,WATER CODE COMPLIANCE BOARD Thursday, February 10, 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: Alice Haldeman, Glenn Barnhill, Ben Wagner, Linda Johnson Gail Anderson, Ed Corn and Sherry Lester. Also present were Code Supervisor 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 13, 2011 were presented to the Board for approval. u • • k • • • s • b • 1 - - - • adopt the minutes of the Regular Code Compliance Board meeting on January 13, 2011, as written. MOTION CARRIED UNANIMOUSLY, SWEARING IN OF WITNESSES: Code Supervisor Jeff Lariscy, Code Officer Mike McGrath, William Stanley of 1035 S. Flagler Ave., Edgewater, FL and Robert Freeburn of 3003 Silver Palm Dr. Edgewater, FL. Code Compliance Board Minutes February 10,2011 Page 1 The Board approved an amendment to the agenda to move Case #2011-CE-103873 up on the agenda to item #2. The Board members had no objections to the agenda amendment. CASE(S) IN COMPLIANCE: None. NEW BUSINESS: Case #2011-CE-103881, 1035 S. Flagler Ave., Edgewater Florida; William Stanley, Violation of Section 21-230.01 (Illegal burning). Code Supervisor Jeff Lariscy presented the case summary to the Board. Code Supervisor Jeff Lariscy presented staff's recommendation to find William Stanley in violation of Section 21-230.01 of the Land Development Code assessing a citation fine of $75.00 and for a lien to be placed on the property if not satisfied by February 16, 2011. Mr. Stanley was present and testified. Mr. Stanley admitted he was guilty. Mr. Stanley stated that it was a real fireplace which came out of a house and he sat it on a pad, therefore he felt he could use it to burn. Mr. Stanley also expressed to the Board that he was on a fixed income. Chairwoman Linda Johnson closed the public hearing. The Board had a brief discussion. MOTION by Ben Wagner, SECOND by Gail Anderson that the Board finds William Stanley & Heidi Payne in violation of Section 21- 230.01 of the Land Development Code continuing the citation fine of $75.00 and for a lien to be placed on the property if not satisfied by February 16. 2011. MOTION CARRIED UNANIMOUSLY, Case #2011-CE-103873, 124 S. Ridgewood Ave., Edgewater Florida; Robert & Margaret Freeburn, Violation of Section 21-60.04 (Prohibited Signs). Code Supervisor Jeff Lariscy presented the case summary to the Board. Code Supervisor Jeff Lariscy presented staff's recommendation to find Robert & Margaret Freeburn in violation of Section 21-60.04 of the Land Development Code assessing a citation fine of $75.00 and an additional fine of $100.00 per day for each day the prohibited sign violation exists past February 11, 2011 and for a lien to be placed on the property if not satisfied by February 16, 2011. Mr. Freeburn was present and testified. Mr. Freeburn stated initially he did not think he needed a permit to paint. Mr. Freeburn gave his opinion regarding his case and asked the Board to withhold the fines. Chairwoman Linda Johnson closed the public hearing. The Board had a brief discussion. MOTION by Alice Haldeman, SECOND by Glenn Barnhill that the Board finds Robert & Margaret Freeburn in violation of Section 21-60.04 of the Land Development Code waving the citation fine for 30 days to bring the property into compliance, if not corrected the citation fine of$75.00 Code Compliance Board Minutes February 10,2011 Page 2 would be assessed and a fine of$100.00 per day for each day the violation exist. Also for a lien to be placed on the property if not satisfied by March 15, 2011. MOTION CARRIED 5-2, During a brief intermission the Fire Marshal Lariscy dismissed Board Attorney Ty Harris from the meeting at 3:00 pm. Case #2011-CE-103885, 108 E. Pine Bluff Dr., Edgewater Florida; Warren & Beatrice Alty, Violation of Section 19-11 (Meters & connection to water distribution system required). Code Supervisor Jeff Lariscy presented the case summary to the Board. Code Supervisor Jeff Lariscy presented staff's recommendation to find Warren & Beatrice Alty in repeat violation of Section 19-11 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 meters and connections violation exists past February 11, 2011 and for a lien to be placed on the property if not satisfied by February 16, 2011. Warren & Beatrice Alty were not present. MOTION by Alice Haldeman, SECOND by Ed Corn that the Board finds Warren & Beatrice Alty in repeat violation of Section 19-11 of the Code of Ordinance assessing the citation fine of$150.00 and the additional fine of $500.00 per day each day the meters and connections violation exists past February 11, 2011 and for a lien to be placed on the property if not satisfied by February 16, 2011. JVIOTION CARRIED UNANIMOUSLY, Case #2011-CE-103890, 2411 India Palm Dr., Edgewater Florida; Maria Cadet, 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 Maria Cadet in violation of Section 10-4 of the Code of Ordinance assessing a citation fine of $75.00 plus the additional cost of the removal of the trash and for a lien to be placed on the property if not satisfied by February 16, 2011. Maria Cadet was not present. MOTION by Ed Corn, SECOND by Glenn Barnhill that the Board finds Maria Cadet in violation of Section 10-4 of the Code of Ordinance continuing the citation fine of$75.00 and the additional cost of the removal of the trash also for a lien to be placed on the property if not atisfied by February 16. 2011. )NOTION CARRIED UNANIMOUSLY, OTHER BUSINESS: None at this time. CODE COMPLIANCE REPORT: None. Code Compliance Board Minutes February 10,2011 Page 3 PUBLIC COMMENT: None. BOARD DISCUSSION: None at this time. ADJOURNMENT • I 'I I . • I 1 • I • 1 ., I - I - II - - ' I • • 1 • u Next Meeting scheduled for March 10, 2011 at 2:00 p.m. Minutes respectfully submitted by, Shontella Jackson Board Coordinator Code Compliance Board Minutes February 10,2011 Page 4