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06-18-1992 ..... ..., CITY OF EDGEWATER CITIZENS CODE ENFORCEMENT BOARD REGULAR MEETING THURSDAY, JUNE 18, 1992 COMMUNITY CENTER 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, June 18, 1992. ROLL CALL: Members present were Chairman George Cowan, Mrs. Cucanich, Mrs. Borner, Mrs. Strong, Mr. Schmidt and Dr. Mason. Also present were Beverly Kinney-Johnson, Code Enforcement Officer, Mark P. Karet, Director of Community Development, Krista Storey, City Attorney, William C. Vola, Chief of Fire and Rescue Services~, and Tonya Elliott, Secretary. ,C\ j'ic}, i,Je',,: 'i)' APPROVAL OF MINUTES: Mrs. Cucanich made a motion to approve the minutes of May 21, 1992. Seconded by Mrs. Strong. Motion CARRIED 4-0. Mrs. Borner and Dr. Mason did not vote as they were not at the May 21, 1992 meeting. SWEARING IN OF WITNESSES: Chairman George Cowan requested Beverly Kinney-Johnson, Code Enforcement Officer .and anyone else with statements or comments pertaining to any of the cases stand and be sworn in. William C. Vola, Chief of Fire and Rescue Services, Doug Coppola, 430 North Ridgewood Avenue, Edgewater, Florida, and Cliff Clark, 1818 Evergreen Drive, Edgewater, Florida were sworn in at this time. CASES IN COMPLIANCE: None at this time. UNFINISHED BUSINESS: None at this time. NEW BUSINESS: 92-CE-0431 (A) Curtis and Patricia Williams, Sr. Two (2) vehicles with no license plate, one (1) truck with expired license plate and motor cycle with expired license plate. Section 10-64. Code Enforcement Officer Beverly Kinney-Johnson reported the violations were first observed on March 13, 1992 and were to be corrected by April 24, 1992. Upon reinspection of the property on April 24, 1992, Mrs. Johnson found that no corrective action had '-" ...., Citizens Code Enforcement Board June 18, 1992 Page -2- been taken. Mrs. Johnson passed three (3) photographs to the Board dated March 13, 1992, and showed a video dated June 18, 1992. Mrs. Johnson stated during the course of the case she had no contact with Mr. Williams, and recommended the violator be given until June 25, 1992 to correct the violation or a fine of sixty dollars ($60.00) per day be imposed. Mrs. Strong, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0431(A) that a violation of Section 10-64 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 June 25, 1992 to correct the violation and that a fine of sixty dollars ($60.00) be imposed for each day the violation continues past that date. Seconded by Mrs. Borner. Motion CARRIED 6-0. CASE #92-CE-0431CB) - Curtis and Patricia Williams, Sr. - Car hood, toilet, five (5) gallon buckets, wood, paint cans, gallon bottles full of liquids, water softener, door, scaffolding and wood burning /heating devise scattered on property. Section 717.03. Repeat violation. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed on March 13, 1992 and was to be corrected by April 24, 1992. Upon reinspection of the property on April 24, 1992, Mrs. Johnson found that no corrective action had been taken. On June 18, 1992, Mrs. Johnson reinspected the property again and observed that the toilet, door and five (5) gallon buckets had been removed. Mrs. Johnson passed three (3) photographs to the Board dated March 13, 1992 and showed a video dated June 18, 1992. Mrs. Johnson stated that during the course of the case she had no contact with Mr. Williams, and recommended the violator be given until June 25, 1992 to correct the violation or a fine of thirty dollars ($30.00) a day be imposed. Krista Storey, City Attorney, explained the Boards options on handling a repeat violation. Mrs. Cucanich, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0431(B) that a violation Section 717.03 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 June 18, 1992 to correct the violation 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 6-0. 'W' ....", Citizens Code Enforcement Board June 18, 1992 Page -3- CASE #92-CE-0448 Douglas and Peggy Coppola Spraying of Flammable or combustible liquids/solids without approved paint booths. 7-90 of the Code of Ordinances, Section 1002.1. William C. Vola, Chief of Fire and Rescue Services reported his first visit to the property was on March 12, 1992, at which time he observed the spraying of an automobile in a nonapproved booth. A notice of violation was issued on March 12, 1992, setting May 22, 1992, as the date for compliance. Upon reinspection of the property on May 22, 1992, Chief Vola found that no corrective action had been taken. Chief Vola read a report outlining the case history. On June 16, 1992, another inspection was performed, and Chief Vola found that Mr. Coppola was continuing to paint cars without a proper sprinkler system installed. Chief Vola stated he has spoke with Mr. Coppola several times since the violation was observed, and recommended Mr. Coppola be given until July 17, 1992 to correct the violation or a fine of one hundred fifty dollars ($150.00) per day be imposed, and that no further spray painting be done or the fine be imposed immediately. Mr. Coppola, 430 N. Ridgewood Avenue, Edgewater, Florida, stated he has contacted several business, and received only one (1) estimate. Mr. Coppola said he attempted to obtain a permit to have a chemical system installed, but was denied by Chief Vola who said an automatic system was required. Chief Vola explained why the automatic system is required. Krista Storey asked Mr. Coppola how long the business has been in its location. Mr. Coppola stated it has been a paint and body shop for about 15 years, and when he took over the business 3 years ago a sprinkler system was not required. Chief Vola said that prior to November 1989 there was no organized fire inspections. Mr. Coppola requested the Board give him more time to obtain estimates and correct the violation. Barbara Heron, representing Sun Bank, was sworn in at this time. Ms. Heron stated that as Mr. Coppola's Banker, if he was made to stop painting cars she would be unable to loan him money, and therefore put him out of business. Chairman Cowan stated the Board did not want to put Mr. Coppola out of business. Krista Storey said the Board needed to strike a balance between the safety issue and business issue. The Board discussed possible options that would satisfy both Staff and Mr. Coppola. Mr. Schmidt, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0448 that a violation of Section 7-90 of the Code of Ordinances, and Section 1002.1 of the Standard Fire Prevention Code 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 'w' .."., Citizens Code Enforcement Board June 18, 1992 Page -4- until July 9, 1992 to present to the Board some concrete evidence that progress is being made, whether it be in the form of a spokesman from one of the qualified installation companies or actual blueprints from that company. If at that time there is no evidence any progress is being made, any flammable spraying at that property be ceased as of that date and a fine of one hundred fifty dollars ($150.00) be imposed for each day the violation continues past that date. Seconded by Mrs. Borner. Motion CARRIED 5-1. Dr. Mason Voted No. CASE #92-CE-0474 - Lonnie and Jill Breitweiser - Weeds in excess of two (2) feet. Section 10-43. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed on April 29, 1992, and was to be corrected by May 10, 1992. Upon reinspection of the property on May 12, 1992, Mrs. Johnson found that no corrective action had been taken. Mrs. Johnson passed photographs to the Board dated April 27, 1992, and June 18, 1992. Mrs. Johnson stated that on May 27, 1992, Mr. Breitweiser contacted the office and said the weeds had been cut. On June 18, 1992, Mrs. Johnson inspected the property again and found the weeds had not been cut. Mrs. Johnson recommended the violator be given until June 22, 1992 to cut the weeds or a fine of twenty-five dollars ($25.00) a day be imposed. Mrs. Borner, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0474 that a violation of Section 10-43 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 June 22, 1992 to correct the violation and that a fine of twenty-five dollars ($25.00) per day be imposed for each day the violation continues past that date. Seconded by Mrs. Cucanich. Motion CARRIED 6-0. DISCUSSION ITEMS: Frank Morris, 1814 Evergreen Drive, Edgewater, Florida, said he was told his case would be on the June 18, 1992 agenda. Mark P. Karet, Director of Community Development, said Staff would not be presenting any testimony, and recommended the Board not allow Mr. Morris to speak about the case at this time. Mrs. Cucanich said she felt the motion made at last months meeting requesting the second Code Enforcement Officer be put back on the road was misrepresented to City Council. Chairman George Cowan asked the Board for nominations of officers. Mrs. Strong nominated George Cowan for Chairman. Mrs. Borner ...... ..." Citizens Code Enforcement Board June 18, 1992 Page -5- nominated Joan Strong for Vice Chairman. nominations unanimous. The Board made both Krista Storey explained the recent change in absenteeism to the Board members. CODE ENFORCEMENT OFFICER 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 8:09 p.m. Minutes respectfully submitted by: Tonya L. Elliott, Secretary Citizens Code Enforcement Board