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08-20-1992 (ji ! I J J " 'w" ..",., CITY OF EDGEWATER CITIZENS CODE ENFORCEMENT BOARD REGULAR MEETING THURSDAY, AUGUST 20, 1992 COMMUNITY CENTER 7:00 P.M. CALL TO ORDER: vice Chairwomen Joan Strong called to order the regular meeting of the Citizens Code Enforcement Board at 7:00 p.m., Thursday, August 20, 1992. ROLL CALL: Members present were Vice Chairwomen Joan Strong, Mrs. Cucanich, Mrs. Borner, Mr. Schmidt, Dr. Mason, and Mrs. Delnigro. Also present were Beverly Kinney-Johnson, Code Enforcement Officer, Mark P. Karet, Director of Community Development, Krista Storey, City Attorney, and Tonya Elliott, Secretary. Chairman George Cowan was absent. APPROVAL OF MINUTES: Dr. Mason made a motion to accept the minutes of July 09, 1992. Seconded by Mrs. Cucanich. Motion CARRIED 5-0. Mrs. Delnigro did not vote as she was not at the July 09, 1992 meeting. SWEARING IN OF WITNESSES: Vice Chairwomen Strong 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. Cliff Clark, 1818 Evergreen Drive, Edgewater, Florida, was sworn in at this time. CASES IN COMPLIANCE: Beverly Kinney-Johnson, Code Enforcement Officer, reported the following cases in compliance or withdrawn: * 92-CE-0448 - Douglas and Peggy Coppola - In Compliance * 92-CE-0432 - Tracy Oldaker - In Compliance * 92-CE-0494 - Resolution Trust Corporation - withdrawn UNFINISHED BUSINESS: None at this time. NEW BUSINESS: CASE #91-CE-2467 - Gary and Margaret Lindsey - Weeds in excess of two (2) feet. Section 10-43. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed on ~ ...., Citizens Code Enforcement Board August 20, 1992 Page -2- December 05, 1991, and was to be corrected by December 19, 1991. Mrs. Johnson reported that attempts to notify the property owners were unsuccessful, therefore a legal advertisement was placed in the Daytona Beach News Journal. Upon reinspection of the property on August 20, 1992, Mrs. Johnson found that no corrective action had been taken. Mrs. Johnson passed photographs to the Board dated December 05, 1991, and August 20, 1992. Mrs. Johnson stated that during the course of the case she has had no contact with the violators and recommended they be given until August 24, 1992 to correct the violation or a fine of twenty-five dollars ($25.00) per day be imposed. Dr. Mason, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 91-CE- 2467 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 August 24, 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 6-0. CASE #92-CE-0025 - Florida Shores Partners Landscaping not maintained. Section 14-78. Code Enforcement Officer Beverly Kinney-Johnson reported that former Code Enforcement Officer Charlane Runge first observed the violation on November 11, 1991, and was to be corrected by January 17, 1992. Mrs. Johnson reported that attempts to notify the property owners were unsuccessful, therefore a legal advertisement was placed in the Daytona Beach News Journal. Upon reinspection of the property on August 20, 1992, Mrs. Johnson found that no corrective action had been taken. Mrs. Johnson stated that during the course of the case she has had no contact with the violators. Mrs. Johnson recommended the violators be given until September 11, 1992 to correct the violation or a fine of thirty dollars ($30.00) per day be imposed. Mrs. Borner, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0025 that a violation of Section 14-78 of the Edgewater Code of Ordinances 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 September 11, 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 Mr. Schmidt. Motion CARRIED 6-0. '-' ....." Citizens Code Enforcement Board August 20, 1992 Page -3- CASE #92-CE-0259 - Lonnie and Jill Breitweiser - Building material and scaffolding on property. Section 714.00. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed on February 14, 1992, and was to be corrected by February 24, 1992. Upon reinspection of the property on February 24, 1992, Mrs. Johnson found that no corrective action had been taken. Mrs. Johnson reported that during the course of the case, she has had no contact with the violators. Mrs. Johnson passed photographs to the Board dated April 27, 1992, May 28, 1992, and August 20, 1992. Mrs. Johnson recommended the violators be given until August 24, 1992 to correct the violation or a fine of thirty dollars ($30.00) per day be imposed. Mrs. Cucanich, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0259 that a violation of Section 714.00 of the Edgewater Zoning Ordinance 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 August 24, 1992 to correct the violation and that a fine of fifty dollars ($50.00) be imposed for each day the violation continues past that date. Seconded by Dr. Mason. Motion CARRIED 6-0. CASE #92-CE-0558 - Kenneth and Peggy Shultz - Signage on door of small building not permitted in the R-1A Single-Family Residential District. Section 602.02(F). Boxes and other items on property. Section 717. 03 . PVC pipe on property. Section 714.00. Code Enforcement Officer Beverly Kinney-Johnson reported the violations were first observed on June 12, 1992, and were to be corrected by June 27, 1992. Upon reinspection of the property on June 30, 1992, Mrs. Johnson found that no corrective action had been taken. On July 21, 1992, Mrs. Shultz called the Department of Community Development to report the violations had been corrected. Mrs. Johnson reinspected the property on July 22, 1992 and found that the signage and boxes had been removed, and a permit to install a sprinkler system had been issued, therefore the PVC pipe was permitted on the site. Mrs. Johnson reported that only the wood remained on the property. Mrs. Johnson passed photographs to the Board dated June 12, 1992, and August 20, 1992. Mrs. Johnson reported during the course of the case, Mr. Shultz contacted George McMahon, City Manager, and Mark Karet, Director of Community Development. Mrs. Johnson recommended the violators be given until August 24, 1992 to correct the violation or a fine of thirty dollars ($30.00) per day be imposed. ....... """"" Citizens Code Enforcement Board August 20, 1992 Page -4- Mrs. Cucanich, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0558 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, 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 August 24, 1992 to correct the violation and that a fine thirty dollars ($30.00) 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-0575 - Clifton and Ina Lee Clark - Sprinkler system in right-of-way. Section 10-41. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed on June 10, 1992, at which time a one (1) week verbal warning was given. A Notice of Violation was issued on June 18, 1992, setting June 28, 1992 as the date for compliance. Mrs. Johnson stated that since the sprinkler system was located in the right-of-way the City can be held liable for any injury or damage to property. Upon reinspection of the property on July 07, 1992, Mrs. Johnson found that no corrective action had been taken. Mrs. Johnson passed photographs to the Board dated June 17, 1992, and August 20, 1992. Mrs. Johnson recommended the violator be given until August 24, 1992 to correct the violation or a fine of thirty dollars ($30.00) per day be imposed. Cliff Clark, 1818 Evergreen Drive, Edgewater, Florida, stated that Section 10-41 of the Code of Ordinances, Edgewater, Florida, refers to litter and other unwholesome matters in the right-of-way. Mr. Clark said he takes pride in his property and feels that the sprinkler system is not any type of litter. Krista Storey, City Attorney, stated that Mr. Clark has raised a point the Board should consider, and if the Board determines the sprinkler system does not fall under the category of trash and refuse, that no violation be found. Dr. Mason, moved violation exist. in reference to Case Number 92-CE-0575 that no Seconded by Mrs. Borner. Motion CARRIED 6-0. CASE #92-CE-0625 - Nancy and Joseph Barbara - Landscape buffer area almost non-existent/landscaping not maintained. Sections 14-77 and 14-78. Nancy Barbara, 2420 Orange Tree Drive, Edgewater, Florida, was sworn in at this time. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed on April 14, 1992, and was to be in compliance by June 14, 1992. Upon reinspection of the property on June 17, 1992, Mrs. Johnson found that some heather had been planted on the west side of the Citizens /' "-" ..,., Code Enforcement Board August 20, 1992 Page -5- building. Mrs. Johnson stated that Mrs. Barbara had contacted the office and reported that the pump that runs the sprinkler system was broke for approximately 6 1/2 weeks, and that a local nursery advised Mrs. Barbara that new plantings should be held off until atleast September due to the heat and lack of water. Mrs. Johnson recommended that the violator be given until September 30, 1992 to correct the violation or a fine of thirty dollars ($30.00) per day be imposed. Mrs. Barbara stated that she had previously attempted to plant some landscaping, but it died. Mrs. Barbara requested the Board allow her more time to replace the landscaping until the weather permits. Dr. Mason, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0625 that a violation of Sections 14-77 and 14-78 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, any previous violations committed by the violator, further moved that the violator be given until October 30, 1992 to correct the violation and that a fine of twenty-five dollars ($25.00) be imposed for each day the violation continues past that date. Seconded by Mr. Schmidt. Motion CARRIED 6-0. CASE #92-CE-0635 - Susan Trevarthen and The Estate of Robert Trevarthen - Violating conditions for home occupational license approval - storage of material outside of building not permitted. Section 602.05 (A) . Tires and fencing material on property. Section 717.03. Boat and trailer on front of property. Section 18-4(a). Code Enforcement Officer Beverly Kinney-Johnson reported the violations were first observed on July 15, 1992, and was to be in compliance by July 27, 1992. Upon reinspection of the property on July 27, 1992, Mrs. Johnson found that the boat trailer had been removed. Mrs. Johnson passed photographs to the Board dated July 15, 1992 and August 20, 1992. Mrs. Johnson reported that on July 30, 1992, Ms. Trevarthen contacted the officer and stated that all the items had been removed. Mrs. Johnson reinspected the property again on August 20, 1992 and observed that fencing material still remained on the property. Mrs. Johnson recommended the violator be given until August 24, 1992 to correct the violation or a fine of thirty dollars ($30.00) per day be imposed. Mr. Schmidt, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0635 that a violation of Section 602.05(a) of the Edgewater Zoning Ordinance 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 August 20, 1992 Page -6- previous violations committed by the violator, further moved that the violator be given until August 24, 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 6-0. DISCUSSION ITEMS: Krista Storey, City Attorney, said the Board needed to discuss the memorandum from the City Manager regarding the issue of a second Code Enforcement Officer. Mark P. Karet, Director of Community Development, gave a brief history of Council action taken six (6) months ago regarding Code Enforcement, and different options available to the Board. After discussion, Dr. Mason made a motion to submit to council the recommendation that Code Enforcement reinstate the patrol system, and a part-time Code Enforcement Officer be added. Seconded by Mrs. Cucanich. Motion CARRIED 6-0. 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 8:11 p.m. Minutes respectfully submitted by Tonya L. Elliott, Secretary Citizens Code Enforcement Board