07-09-1992
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CITY OF EDGEWATER
CITIZENS CODE ENFORCEMENT BOARD
REGULAR MEETING
THURSDAY, JULY 09, 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, July 9,
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.
APPROVAL OF MINUTES:
Mrs. Cucanich made a motion to accept the minutes of June 18, 1992.
Seconded by Mrs. Borner. Motion CARRIED 6-0.
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, Cliff Clark, 1818 Evergreen
Drive, Edgewater, Florida, and Frank Morris, 1814 Evergreen Drive,
Edgewater, Florida were sworn in at this time.
UNFINISHED BUSINESS:
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. Continued
from the meeting of June 18, 1992. William C. Vola, Chief of Fire
and Rescue Services reported that as of July 9, 1992, Mr. Coppola
had not installed a sprinkler system at his business. Chief Vola
said he has been in contact with the Florida State Fire Marshall's
office, and read their interpretation on the codes in violation.
Mr. Coppola submitted a letter to the Board members showing the
estimates he had received since the last meeting. Krista Storey,
City Attorney, reviewed the Order issued by the Board at the June
18, 1992 meeting, and said the Board needed to determine if Mr.
Coppola had presented sufficient evidence that progress is being
made to abate the violation. Ms. Storey said the Board could then
issue another Order based on the testimony being presented at the
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Citizens Code Enforcement Board
July 09, 1992 minutes
Page -2-
current meeting. Mr. Coppola stated that if the Board required him
to install the water system, it would put a financial burden on
him, and possibly put him out of business.
Mr. Schmidt made a motion that according to what Mr. Coppola had
presented to the Board, he had made an acceptable attempt to come
in compliance of the request at the last meeting. Seconded by Dr.
Mason. Motion CARRIED 6-0.
Barbara Herrin, Vice President, Sun Bank, was sworn in at this
time.
Ms. Herrin reported that Mr. Coppola was qualified for a loan to
install a dry chemical system. Ms. Herrin said a loan runs for 60
to 90 days, and it would be past that time if the Board continued
the case until the next meeting.
Dr. Mason, 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 has
occurred, however, after considering the whole of the situation,
further moved that Mr. Coppola be given the opportunity to put in
a dry system by August 20, 1992 or a fine of one hundred and fifty
dollars ($150.00) a day be imposed for each day the violation
continues past that date. Seconded by Mrs. Cucanich. Motion
FAILED 3 to 3. Mr. Schmidt, Mrs. Strong, and Mrs. Borner voted no.
After further discussion, Mrs. Cucanich, after hearing the
testimony presented and the recommendation of Staff, further moved
in reference to Case Number 92-CE-0448 that a violation does exist
and the alleged violator has committed the violation. After
considering the gravity of the violation, any action taken by the
violator to correct the violation, and any previous violations
committed by the violator, further moved that the violator be given
until August 20, 1992 to put in a dry chemical system, if not
installed by August 20, 1992, the violator must put in a water
system. Seconded by Mrs. Borner. Motion CARRIED 5 -1 . Mr. Schmidt
voted no.
CASES IN COMPLIANCE:
Beverly Kinney-Johnson, Code Enforcement Officer, reported the
following cases in compliance or continued:
* 92-CE-0511 - Frank Morris - In compliance
* 92-CE-0444 - Charles P. Justice
C/O Jeffrey Foltz, Esq. - In compliance
* 92-CE-0494 - Resolution Trust Corp. - Continued
* 92-CE-0499 - Eleni Giannakouros - In compliance
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Citizens Code Enforcement Board
July 09, 1992 minutes
Page -3-
NEW BUSINESS:
CASE #92-CE-0501 - Frank Morris - Cinder blocks, plastic bin, PVC
pipe, fencing, and pot in rear yard, booth seating, carpet, five
(5) gallon buckets, broom, extension cord, vacuum cleaner parts,
paint cans, window screens, wood, metal, laundry basket, unearthed
bamboo plants, and other items on front and side property. Section
717.03. Repeat Violation. Code Enforcement Officer Beverly
Kinney-Johnson reported the violation was first observed on May 5,
1992. Upon reinspection of the property on June 18, 1992, Mrs.
Johnson and found that some items had been removed. Mrs. Johnson
passed photographs to the Board dated May 5, 1992, May 19, 1992,
May 27, 1992, and July 9, 1992. Mrs. Johnson recommended that the
violator be given until July 13, 1992 to correct the violations or
a fine of $250.00 per day be imposed.
Frank Morris, 1814 Evergreen Drive, showed a video to the Board
dated July 9, 1992. Mr. Morris said that the video was his proof
that the violation had been corrected.
Mr. Clark, 1818 Evergreen Drive, stated that these violations have
been going on for the past 7 years. Mr. Clark passed several
photographs to the Board.
Mrs. Borner, after hearing the testimony presented and the
recommendation of Staff, moved in reference to Case Number 92-CE-
0501 that a repeat violation of Section 717.03 of the Edgewater
Zoning Ordinance has occurred and the alleged violator has
committed the violation. After considering the gravity of the
violation, any action taken by the violator to correct the
violation, and the previous violations committed by the violator,
further moved that a fine of two hundred fifty dollars ($250.00)
be imposed for each day the violation continues past July 13, 1992.
Seconded by Mr. Schmidt. Motion CARRIED 6-0.
CASE #92-CE-0524 - Frank Morris - Inoperable trailers. Section
10-64. Code Enforcement Officer Beverly Kinney-Johnson reported
the violation was first observed on June 1, 1992, and was to be
corrected by June 12, 1992. Mrs. Johnson reported that Mr. Morris
would not allow her access to his property to determine if the
violation had been corrected. Mrs. Johnson passed photographs to
the Board dated May 5, 1992, and July 9, 1992. Mrs. Johnson
recommended that the violator be given until July 13, 1992 to
correct the violation or a fine of thirty dollars ($30.00) per day
be imposed. The Board discussed how many trailers were allowed on
residential property, and the definition of an inoperable trailer.
Frank Morris, 1814 Evergreen Drive, stated that the trailers were
operable, and had current registrations.
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Citizens Code Enforcement Board
July 09, 1992 minutes
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Mr. Schmidt, after hearing the testimony presented and the
recommendation of Staff, moved in reference to Case Number 92-CE-
0524 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 July 13, 1992 to correct the violation
and that a fine of one hundred fifty dollars ($150.00) be imposed
for each day the violation continues past that date. Seconded by
Mrs. Strong. Motion CARRIED 6-0.
DISCUSSION ITEMS:
None at this time.
CODE ENFORCEMENT COMMENT:
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 9:10
p.m.
Minutes respectfully submitted by:
Tonya L. Elliott, Secretary
Citizens Code Enforcement Board