05-18-2006 CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
Thursday, May 18, 2006
2:00 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER
Chairperson Linda Johnson called the regular meeting of the Citizen Code
Enforcement Board to order at 2:04 PM in the Community Center.
ROLL CALL
Members present: Linda Johnson, Ed Corn, Ben Delnigro, Ben Wagner and Jean
Kayat. Also present were Code Officer Robin Bell, Code Officer Mike McGrath,
Code Supervisor Angela DeSue, Attorney Glenn Storch, Chief Tracey Barlow and
Board Secretary Shontella Jackson.
Absent were: Glenn Barnhill and Gene Mirabella. Mr. Barnhill is excused due to
prior notification.
APPROVAL OF MINUTES
The Minutes for the regular meeting of April 20, 2006 were presented to the
Board for approval. MOTION by Ben Wagner, SECOND by Ed Corn to
adopt the minutes of Regular Citizen Code Enforcement Board on April
20, 2006 as written. MOTION CARRIED UNANIMOUSLY.
SWEARING IN OF WITNESSES:
Code Officer Robin Bell, Code Officer Mike McGrath, Code Supervisor Angela
DeSue, Chief Tracey Barlow, Todd Hook & Bill Hook of 106 Naranga Rd.,
Edgewater, FL and Tracy Card of 3035 Orange Tree Dr., Edgewater, FL. Also
Attorney James Birch was present representing Tracy Card.
CASES IN COMPLIANCE:,
None.
City of Edgewater
Code Enforcement Board Minutes
May 18,2006
Page 1 of 1
NEW BUSINESS:
Case #2006-CE-11074 (A), 3035 Orange Tree Dr., Edgewater, Florida; Barry D.
Daniels II &Tracy L. Card. Violation of Section 21-34.06 — Motor home/trailers.
Code Supervisor Angela DeSue presented the case summary to the Board. Code
Supervisor Angela DeSue presented staff's recommendation to find Barry Daniels
II &Tracy Card in violation of Section 21-34.06 of the Land Development Code
assessing a citation fine of $53.00 per day and an additional fine of $50.00 per
day for each day the recreational vehicle/trailers and camper violation exists past
May 19, 2006 and for a lien to be placed on the property if the violation is not
corrected and the fine not satisfied by May 24, 2006. Chief Barlow provided
additional information to the Board. Mr. Birch stated that Ms. Card's house was
hit by a series of hurricanes in 2004. Ms. Card obtained water damage to her
home. Ms. Card has an ongoing case with her insurance company. At this point
her home is not habitable. Tracy Card was present and testified. Ms. Card
testified that the hurricane caused damage to her home which consisted of roof
damage, interior walls, doors and the last hurricane caused even more water
damage. Mr. Birch asked, Ms. Card how much has the insurance company paid
you? Ms. Card replied about $16,000 and $4,000 check which she is unable to
cash. Mr. Corn asked, has the roof been repaired as of now? Ms. Card replied,
no. Mr. Wagner asked, Ms. Card what repairs has been made with the money
from the insurance company? Ms. Card replied, removal of sheet rock, dumpster
and mole testing. Mr. Delnigro asked, Mr. Birch how much money has been
used to repair the home? Mr. Birch replied, other than tearing out the drywall
there have been no repairs. Chairwoman Johnson closed the public hearing.
The Board discussed the case in length.
MOTION by Ben Wagner, SECOND by Ben Delnigro that the Board finds
Barry Daniels II &Tracy Card in violation of Section 21-34.06 of the
City of Edgewater Land Development Code assessing the $53.00
citation fine and suspend any fines until the June meeting; if no
progress has been made in moving the trailer or repairing the home,
then the fines will be determined at the June meeting. NOTION
CARRIED 4 to 1,
Case #2006-CE-11074 (B)1 3035 Orange Tree Dr., Edgewater, Florida; Barry D.
Daniels II &Tracy Card. Violation of Section 21-33.05 —Table III-3. Staff
withdrew this case from the agenda and postponed it for the June's meeting.
City of Edgewater
Code Enforcement Board Minutes
May 18,2006
Page 2 of 2
Case #2006-CE-3038, 1904 Needle Palm Dr., Edgewater, Florida; Russell
Kozerski &Jessica Tatro. Violation of Section 7-1 — Incorporation of Florida
Building Code.
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff's recommendation to find Russell Kozerski
and Jessica Tatro in violation of Section 7-1 of the City of Edgewater's Code of
Ordinances accessing a citation fine of $53.00 and an additional fine of $50.00
per day for each day the permit violation exists past May 22, 2006, and for a lien
to be placed on the property. No witness was present for this case. The Board
had a brief discussion.
MOTION by Ed Corn, SECOND by Ben Wagner that the Board finds
Russell Kozerski &Jessica Tatro in violation of Section 7-1 of the City
of Edgewater Code of Ordinances assessing the $53.00 citation fine
and an additional fine of$50.00 per day for each day the violation
continues to exist past May 22, 2006. Also for a lien to be placed on
the property if not satisfied by May 26, 2006. NOTION CARRIED
UNANIMOUSLY,
Case #2006-CE-3015, 1517 S. Ridgewood Ave., Edgewater, Florida; Charles
Becker. Violation of Section 21-38.02 — Fences.
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff's recommendation to find Charles Becker in
violation of Section 21-38.02 of the City of Edgewater's Land Development Code
accessing a citation fine of $53.00 and an additional fine of $50.00 per day for
each day the fence violation exists past May 31, 2006, and for a lien to be placed
on the property if not satisfied by June 3, 2006. No witness was present for this
case. The Board had a brief discussion.
MOTION by Ben Wagner, SECOND by Ed Corn that the Board finds
Charles Becker in violation of Section 21-38.02 of the City of
Edgewater Land Development Code assessing the $53.00 citation fine
and an additional fine of$50.00 per day for each day the violation
continues to exist past May 31, 2006. Also for a lien to be placed on
the property if not satisfied by June 3, 2006. NOTION CARRIED
UNANIMOUSLY,
Chairwoman Johnson called for a five minute recess at 3:31. Chairwoman
Johnson called the Board back to order at 3:38.
Case #2006-CE-4027 (A), 405 Erskine Dr., Edgewater, Florida; Roberta
McCarthy. Violation of Section 21-56.03 (B) — Property maintenance.
City of Edgewater
Code Enforcement Board Minutes
May 18,2006
Page 3 of 3
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff's recommendation to find Roberta McCarthy
in violation of Section 21-56.03 (B) of the City of Edgewater's Land Development
Code accessing a citation fine of $53.00 and an additional fine of $50.00 per day
for each day the property maintenance violation exists past May 19, 2006. Also
for a lien to be placed on the property if not satisfied by May 25, 2006. 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
May 25, 2006 and that a lien is placed on the property. No witness was present
for this case. Todd Hook testified that he resides across the street from the
home and the home is an eye sore to the neighborhood. Mr. Hook stated that
the property has tall grass, trash and broken bottles in the yard. Mr. Hook
stated that the property has been vacant since hurricane Charlie. Bill Hook of
106 Narango also testified that the home is an eyesore. Mr. Hook stated that he
has been complaining for over two years. Mr. Hook stated that after hurricane
Charlie the home has been left unattended. Code Officer Mike McGrath
presented photos to be entered into evidence as Exhibit A 2006-4027A. The
Board had a brief discussion.
MOTION by Ed Corn, SECOND by Ben Delnigro that the Board finds
Roberta McCarthy in violation of Section 21-56.03 (B) of the City of
Edgewater Land Development Code assessing the $53.00 citation fine
and an additional fine of$50.00 per day for each day the violation
continues to exist past May 19, 2006. Also for a lien to be placed on
the property if not satisfied by May 25, 2006. 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 May 25, 2006 and that a lien is placed on the property.
MOTION CARRIED UNANIMOUSLY.
Case #2006-CE-4027 (B), 405 Erskine Dr., Edgewater, Florida; Roberta
McCarthy. Violation of Section 21-34.04 — Inoperable vehicle.
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff's recommendation to find Roberta McCarthy
in violation of Section 21-34.04 of the City of Edgewater's Land Development
Code accessing a citation fine of $53.00 and an additional fine of $50.00 per day
for each day the inoperable vehicle violation exists past May 19, 2006. Also for a
lien to be placed on the property if not satisfied by May 25, 2006. No witness
was present for this case. The Board had a brief discussion.
MOTION by Ben Wagner, SECOND by Ed Corn that the Board finds
Roberta McCarthy in violation of Section 21-34.04 of the City of
Edgewater Land Development Code assessing the $53.00 citation fine
City of Edgewater
Code Enforcement Board Minutes
May 18,2006
Page 4 of 4
and an additional fine of$50.00 per day for each day the violation
continues to exist past May 19, 2006. Also for a lien to be placed on
the property if not satisfied by May 25, 2006. NOTION CARRIED
UNANIMOUSLY,
Case #2006-CE-4027 (C), 405 Erskine Dr., Edgewater, Florida; Roberta
McCarthy. Violation of Section 21-35.04 — Neglected premises.
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff's recommendation to find Roberta McCarthy
in violation of Section 21-35.04 of the City of Edgewater's Land Development
Code accessing a citation fine of $53.00 and an additional fine of $50.00 per day
for each day the neglected premises violation exists past May 19, 2006 and for a
lien to be placed on the property if not satisfied by May 25, 2006. No witness
was present for this case. Code Officer Mike McGrath presented photos to be
entered into evidence as Exhibit A 2006-4027C. Mr. Hook gave additional
testimony on the property regarding the roof. The Board had a brief discussion.
MOTION by Ed Corn, SECOND by Ben Wagner that the Board finds
Roberta McCarthy in violation of Section 21-35.04 of the City of
Edgewater Land Development Code assessing the $53.00 citation fine
and an additional fine of$50.00 per day for each day the violation
continues to exist past May 19, 2006. Also for a lien to be placed on
the property if not satisfied by May 25, 2006 and for City staff to
secure the property also review condemnation of the property,
MOTION CARRIED UNANIMOUSLY.
Case #2006-CE-1020, 3224 Orange Tree Dr., Edgewater, Florida; Jaime & Mark
E. Bell. Violation of Section 21-34.04 — Inoperable/abandon vehicles.
Code Officer Robin Bell presented the case summary to the Board. Code Officer
Robin Bell presented staff's recommendation to find Jaime & Mark Bell in
violation of Section 34.04 of the City of Edgewater's Land Development Code
accessing a citation fine of $53.00 and for a lien to be placed on the property if
not satisfied by May 25, 2006. Officer Robin Bell stated that the vehicle has
been removed but the citation is still outstanding. Code Officer Robin Bell
presented photos to be entered into evidence as Exhibit A 2006-1020. No
witness was present for this case. The Board had a brief discussion.
MOTION by Ed Corn, SECOND by Ben Delnigro that the Board finds
Jaime & Mark Bell in violation of Section 21-35.04 of the City of
Edgewater Land Development Code assessing the $53.00 citation fine
and for a lien to be placed on the property if not satisfied by May 25,
2006. MOTION CARRIED UNANIMOUSLY,
City of Edgewater
Code Enforcement Board Minutes
May 18,2006
Page 5 of 5
CONTINUED CASES:
None.
OLD BUSINESS:
None.
CODE COMPLIANCE REPORT:
None.
PUBLIC COMMENT:
None.
BOARD DISCUSSION:
None.
ADJOURNMENT
Chairperson Linda Johnson adjourned the meeting at 4:17 pm.
Next Meeting scheduled for June 15, 2006 at 2 p.m.
Minutes respectfully submitted by,
Shontella Jackson, Board Coordinator
City of Edgewater
Code Enforcement Board Minutes
May 18,2006
Page 6 of 6