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04-16-1992 ( ~ ..., CITY OF EDGEWATER CITIZENS CODE ENFORCEMENT BOARD REGULAR MEETING THURSDAY, APRIL 16, 1992 COMMUNITY CENTER, CITY HALL 7:00 P.M. CALL TO ORDER: Chairman George Cowan called to order the regular meeting of the Citizens Code Enforcement Board at 7:00 p.m., Thursday, April 16, 1992. ROLL CALL: Members present were Chairman George Cowan, Mr. Christian, Mrs. Strong, Mrs. Borner, and Mrs. Cucanich. Also present were Beverly Johnson, Code Enforcement Officer, Jill Landerville, Life Safety Inspector, Frank Conrey, Electrical Inspector, Mark P. Karet, Director of Community Development, Krista Storey, City Attorney, and Tonya Elliott, Secretary. APPROVAL OF MINUTES: Mrs. Strong made a motion to accept the minutes of March 19, 1992. Seconded by Mrs. Borner. Motion CARRIED 5-0. SWEARING IN OF WITNESSES: Chairman George Cowan requested Beverly Johnson, Code Enforcement Officer, Jill Landerville, Life Safety Inspector, Frank Conrey, Electrical Inspector and anyone else with statements or comments pertaining to any of the cases stand and be sworn in. Perry Barrett, 602 W. Indian River Blvd., was sworn in at this time. CASES IN COMPLIANCE: Code Enforcement Officer Beverly Johnson reported the following cases withdrawn or signed in compliance: Case # 92-CE-0180 - Walter & Barbara pike - in compliance Case # 92-CE-0348 - Walter & Barbara pile - in compliance UNFINISHED BUSINESS: None at this time. NEW BUSINESS: 92-CE-0177 (A) Perry Barrett No visible house number on property. Section 15-1(b). Sign erected with no permit. Section 3-5. Code Enforcement Officer Beverly Johnson reported the sign violation was first observed on January 27, 1992, and on January 28, 1992 she observed that no house numbers were on the property. '-' ~ Citizens Code Enforcement Board April 16, 1992 Page -2- A Notice of Violation was issued on January 30, 1992 setting a compliance date of February 9, 1992. Upon reinspection of the property on February 11, 1992, Mrs. Johnson found no corrective action had been taken. On April 15, 1992, Mrs. Johnson observed house numbers had been displayed on the property, and Section 15- l(b) was now in compliance. Mrs. Johnson passed photographs to the board dated December 10, 1991 and April 16, 1992. Mrs. Johnson recommended the violator be given until April 20, 1992 to obtain a permit or remove the sign from the property, or a fine of thirty dollars ($30.00) a day be imposed. Perry Barrett, 602 W. Indian River Blvd., stated this issue was before the Board at a previous date and therefore would not comment on the case. Mrs. Strong, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0177(A) that a violation of Section 3-5 of the Edgewater Code of Ordinances does exist and the alleged violator has committed the violation. After considering the gravity of the violation, any actions taken by the violator to correct the violation, and any previous violations committed by the violator, further moved that the violator be given until April 20, 1992 to correct the violation and that a fine of thirty dollars ($30.00) be imposed for each day the violation continues past that date. Seconded by Mrs. Borner. Motion CARRIED 5-0. CASE # 92-CE-0177(B) - Modesto Toledo - No visible house number on property. Section 15-1(b). Sign erected with no permit. Section 3-5. Code Enforcement Officer Beverly Johnson reported the sign violation was first observed on January 27, 1992, and on January 28, 1992 she observed no house numbers were on the property. A Notice of Violation was issued on January 30, 1992 setting a compliance date of February 9, 1992. Upon reinspection of the property on February 11, 1992, Mrs. Johnson found no corrective action had been taken. On April 15, 1992, Mrs. Johnson observed house numbers had been displayed on the property, and Section 15- l(b) was now in compliance. Mrs. Johnson stated Mr. Toledo is listed as the property owner were Ponderosa Homes has placed the sign. Mr. Toledo has made no attempt to contact the office since the Notice of Violation was issued. Mrs. Johnson recommended the violator be given until April 20, 1992 to obtain a permit or remove the sign from the property, or a fine of thirty dollars ($30.00) a day be imposed. Mr. Christian, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0177(B) that a violation of Section 3-5 of the Edgewater Code of Ordinances does exist and the alleged violator has committed the violation. After considering the gravity of the violation, any actions taken by the violator to correct the violation, and any ., ..,." Citizens Code Enforcement Board April 16, 1992 Page -3- previous violations committed by the violator, further moved that the violator be given until April 20, 1992 to correct the violation and that a fine of thirty dollars ($30.00) be imposed for each day the violation continues past that date. Seconded by Mrs. Strong. Motion CARRIED 5-0. CASE # 92-CE-0360 - Thomas J. Richard - Trash, toys, file cabinets, tire, tool box and other various items on rear porch and yard. Section 717.03. Code Enforcement Officer Beverly Johnson reported the violation was first observed on February 27, 1992 and was to be correct by March 14, 1992. Upon reinspection of the property on March 16, 1992, Mrs. Johnson found no corrective action had been taken. Mrs. Johnson passed photographs to the board dated February 27, 1992 and April 16, 1992. Mrs. Johnson reported she has had no contact with Mr. Richards and recommended the violator be given until April 24, 1992 to remove the items from the property or a fine of thirty dollars ($30.00) a day be imposed. Mrs. Borner, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0360 that a violation of Section 717.03 of the Edgewater Zoning Ordinance does exist and the alleged violator has committed the violation. After considering the gravity of the violation, and any previous violations committed by the violator, further moved that the violator be given until April 24, 1992 to correct the violation and that a fine of thirty dollars ($30.00) a day be imposed for each day the violation continues past that date. Seconded by Mr. Christian. Motion CARRIED 5-0. CASE # 92-CE-0384 - Audrey Messick and David Wiley - Building Code. Section 7-20. National Electric Code. Section 7-70. Fire Prevention Code. Section 7-90. Mechanical Code. Section 7-110. Life Safety Code. Section 7-361. Mark P. Karet, Director of Community Development, stated that Staff was withdrawing the case against David Wiley.Life Safety Inspector Jill Landerville stated the violations at the First Stop Restaurant, 132 W. Park Avenue Units 13 & 14, were first observed on January 17, 1992. Electrical Inspector Frank Conrey reported the Building, National Electric, and Mechanical Codes in violation. Mrs. Landerville reported the Life Safety and Fire Prevention Codes in violation. On January 17, 1992, Mrs. Landerville stated that a complete copy of the Inspectors report was left with Audrey Messick, and on January 23, 1992 a typed copy was hand delivered to Ms. Messick setting a compliance date of February 25, 1992. Upon reinspection of the property on February 25, 1992, Mrs. Landerville stated that no corrective action had been taken. On March 10, 1992 Inspector Conrey and Inspector Landerville returned to the business and found that no work had begun to correct the violations. On that same '-' ...." Citizens Code Enforcement Board April 16, 1992 Page -4- date, Ms. Messick delivered a letter to the Inspectors stating the work would be completed by March 15, 1992. On April 16, 1992, another inspection was performed and only two (2) minor violations had been corrected. Mrs. Landerville passed photographs to the Board dated March 10, 1992 and April 16, 1992. Mrs. Landerville recommended the violator be given until April 27, 1992 to correct the violations or a fine of one hundred dollars ($100.00) a day be imposed. Audrey Messick, 401 Mission Road, New Smyrna Beach, was sworn in at this time. Ms. Messick stated she has had nothing to do with unit 13 since December 1991, and gave Inspector Conrey a letter from Renton Electric stating that a permit would be obtained on April 17, 1992 for the work that needs to be done in unit 14 to correct the violations. There was a discussion on the ownership of units 13 and 14. Ms. Messick stated that unit 13 would be closed off within the week. Chairman George Cowan called a recess at 7:50 p.m. Chairman George Cowan resumed the meeting at 7:55 p.m. City Attorney Krista Storey stated that according to the occupational license, Audrey Messick is the responsible party for units 13 and 14. Mrs. Borner, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0384 that a violation of Sections 7-20, 7-30, 7-90, 7-110 and 7- 361 of the Edgewater Code of Ordinances does exist and the alleged violator has committed the violations. After considering the gravity of the violations, any actions taken by the violator to correct the violations, and any previous violations committed by the violator, further moved that the violator be given until April 27, 1992 to correct the violations and that a fine of one hundred dollars ($100.00) be imposed for each day the violation continues past that date. Seconded by Mrs. Strong. Motion CARRIED 5-0. 92-CE-402(A) AND 92-CE-402(B) - Ponderosa Homes/Perry Barrett and Associates of Meadow Lake, Inc. - Signage not permitted (Model Center Sign and New Homes $75,900 Sign.) Section 603.01(F). Code Enforcement Officer Beverly Johnson reported the violation was first observed on March 13, 1992 and was to be corrected by March 27, 1992. Upon reinspection of the property on March 27, 1992, Char lane Runge, Acting Code Enforcement Officer, found that no corrective action had been taken. Mrs. Johnson passed photographs to the Board dated March 9, 1992 and April 16, 1992, and explained the different types of signage that is permitted in the R-4 Multi- Family District. Mrs. Johnson recommended the violators be given .... y Citizens Code Enforcement Board April 16, 1992 Page -5- until April 20, 1992 to correct the violation or a fine of thirty dollars ($30.00) a day be imposed. Perry Barrett, 602 W. Indian River Blvd., stated he feels the signs in question are within the allowable signage permitted in the R-4 Multi-Family District. Krista Storey, City Attorney, stated that an interpretation issue was before the Board and that the definition of the signs in question needed to be discussed. Mrs. Johnson explained the Development Sign is to be located on the property it advertises, and the Model Center Sign is intended for homes that are completed not under construction. The Board discussed the definitions of the allowable signage and the possibility of changing the language on the signs as an option to removing the signs. Mrs. Borner, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0402(A) that a violation of Section 603.01(F) of the Edgewater Zoning Ordinances does exist and the alleged violator has committed the violation. After considering the gravity of the violation, any actions taken by the violator to correct the violation, and any previous violations committed by the violator, further moved that the violator be given until April 27, 1992 to correct the violation by either removing the signs from the property or by deleting from the Model Center sign "in Florida Shores on the corner of Indian River Blvd. and Victory Palm or" and that a fine of thirty dollars ($30.00) a day be imposed for each day the violation continues past that date. Seconded by Mrs. Strong. Motion CARRIED 4-1. Mrs. Cucanich voted no. Mrs. Borner, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0402(B) that a violation of Section 603.01(F) of the Edgewater Zoning Ordinances does exist and the alleged violator has committed the violation. After considering the gravity of the violation, any actions taken by the violator to correct the violation, and any previous violations committed by the violator, further moved that the violator be given until April 27, 1992 to correct the violation and that a fine of thirty dollars ($30.00) a day be imposed for each day the violation continues past that date. Seconded By Mr. Christian. Motion CARRIED 4-1. Mrs. Cucanich voted no. 91-CE-164(A) AND 91-CE-164(B) - Joseph Kopec and Tom Morris - Sign located in visibility triangle. Section 3-8(2)(A)15. Mark P. Karet, Director of Community Development, stated that Mr. Kopec requested the cases be placed on the agenda and then submitted a letter saying he was not prepared and would not be able to attend the meeting. Mrs. Storey stated it was up to the Board to decide if they want to reconsider the cases. Mr. Karet stated that Staff recommends the cases not be heard until Mr. Kopec abates the violation. Citizens Code Enforcement Board . ' ~ y Citizens Code Enforcement Board April 16, 1992 Page -6- Mr. Christian made a motion to not reconsider Case Numbers 91-CE- 164(A), 91-CE-164(B) and 91-CE-2103. Seconded by Mrs. Borner. Motion CARRIED 5-0. DISCUSSION ITEMS: None at this time. CODE ENFORCEMENT COMMENTS: None at this time. ADJOURNMENT: There being no further business to come before the Board, a motion was made and accepted to adjourn. The meeting adjourned at 8:45 p.m. Minutes respectfully submitted by: Tonya L. Elliott, Secretary Citizens Code Enforcement Board