10-08-1992
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CITY OF EDGEWATER
CITIZENS CODE ENFORCEMENT BOARD
REGULAR MEETING
THURSDAY, OCTOBER 08, 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 October 08,
1992.
ROLL CALL:
Members present were Chairman George Cowan, Mrs. Cucanich, Mrs.
Strong, Mrs. Borner, Mr. Schmidt, and Mrs. Delnigro. Also present
were Beverly Kinney-Johnson, Code Enforcement Officer, Frank
Conrey, Electrical Inspector, Mark P. Karet, Director of Community
Development, Krista Storey, City Attorney, and Tonya Elliott,
Secretary. Dr. Mason was absent.
APPROVAL OF MINUTES:
Mr. Schmidt made a motion to accept the minutes of September 10,
1992. Seconded by Mrs. Borner. Motion CARRIED 4-2. Mrs. Strong
and Mrs. Cucanich abstained as they were absent from the September
10, 1992 meeting.
SWEARING IN OF WITNESSES:
Chairman Cowan requested Beverly Kinney-Johnson, Code Enforcement
Officer, Frank Conrey, Electrical Inspector, and anyone else with
statements or comments pertaining to any of the cases stand and be
sworn in. Scott Copeland, 17 Royal Palm Way, Boca Raton, Florida,
Donna J. Smith, 123 Thomas Avenue, Edgewater, Florida, Harold
Craswell, 1810 Indian River Road, New Smyrna Beach, Florida, and
Wayne Smith, 123 Thomas Avenue, Edgewater, Florida, were sworn in
at this time.
CASES IN COMPLIANCE/WITHDRAWN:
Beverly Kinney-Johnson, Code Enforcement Officer, reported the
following cases in compliance or withdrawn:
* 92-CE-0300 - Jimmy Owens - In Compliance
* 92-CE-0693 - Todd and Kelly Gathers - In Compliance
* 92-CE-0696 - Joseph A. Kopec - In Compliance
* 92-CE-0728 - William and Elizabeth Girard - In Compliance
* 92-CE-0739 - Diane Hall - In Compliance
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UNFINISHED BUSINESS:
CASE #92-CE-0025 Florida Shores Partners Landscaping not
maintained. Section 14-78. Code Enforcement Officer Beverly
Kinney-Johnson reported Terranova Corporation has been appointed
receiver for Florida Shores Partner, and Scott Copeland is the
current property manager. Mrs. Johnson stated Terranova
Corporation was requesting a 45 day suspension of the thirty dollar
($30.00) per day fine imposed by the Board at the August 20, 1992
meeting. Mrs. Johnson recommended the compliance date of September
11, 1992 be extended to October 26, 1992, since Mr. Copeland has
been very cooperative in correcting other problems at the Florida
Shores Plaza.
Scott Copeland, 17 Royal Palm Way, Boca Raton, Florida,stated he
was under the assumption the 45 day suspension would begin at the
time he made the request. Mr. Copeland said the October 26, 1992
compliance date could be met, however he requested additional time
if possible.
Mr. Schmidt made a motion to grant an extension until November 15,
1992. Seconded by Mrs. Strong. Motion CARRIED 6-0.
CASE #92-CE-0667 - Donna and Wayne Smith - Operating a ceramics
business at home, not a permitted use. Sections 11-1 and
602.04(a). Code Enforcement Officer Beverly Kinney-Johnson
reported the violation was first observed on July 28, 1992 and was
to be corrected by August 08, 1992. Mrs. Johnson stated on July
31, 1992 she spoke with Mrs. Smith, and at that time, Mrs. Smith
stated she was making ceramic pieces at home to sell at craft
shows. Mrs. Johnson recommended that since Mrs. Smith was
manufacturing ceramics at home to sell at craft shows she be given
until October 12, 1992 to correct the violation or a fine of thirty
dollars ($30.00) per day be imposed.
Donna Smith, 123 Thomas Street, Edgewater, Florida, stated the
crafts she makes are a hobby and not a business. Mrs. Smith said
she does one (1) craft show a year, and does not make enough money
to show a profit.
Harold Craswell, 1810 Indian River Road, New Smyrna Beach, Florida,
stated he is a personal friend of Mrs. Smith, and she is not in the
business of making money with her artistic talent. Mr. Craswell
asked the Board to consider the fact that Mrs. Smith does not make
a profit from the sale of her crafts.
Code Enforcement Officer Beverly Kinney-Johnson said it is not an
issue of whether or not Mrs. Smith makes a profit, only if money
exchanges hands. Krista Storey, City Attorney, said the Edgewater
Code of Ordinances does not address the definition of a business or
occupation, and the Board needed to determine according to the
facts, if a business is being operated.
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Mrs. Delnigro made a motion that no violation existed. Seconded by
Mr. Schmidt. Motion CARRIED 6-0.
CASE #92-CE-0681 - Dennis and Judy Zemko - Meter box needs closure
and has burnt feed, unit 18. Section 110-12 and 90-6, National
Electrical Code. Frank Conrey, Electrical Inspector, reported the
violations were first observed on December 24, 1992, upon
inspection of the property due to a fire. Mr. Conrey stated at
that time numerous violations were observed, and the violators were
given until July 06, 1992 to correct the violations. Mr. Conrey
gave a brief history of the case, and recommended the violators be
given until October 13, 1992 to correct the remaining violation or
a fine of two hundred fifty dollars ($250.00) per day be imposed.
Mrs. Strong, after hearing the testimony presented and the
recommendation of Staff, moved in reference to Case Number 92-CE-
0681 that a violation of Sections 110-12 and 90.6 of the National
Electrical 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 until October 13, 1992 to correct the
violation and that a fine of $250.00 per day be imposed for each
day the violation continues past that date. Seconded by Mrs.
Borner. Motion CARRIED 6-0.
CASE #92-CE-0694 - Resolution Trust Company - Weeds in excess of
two (2) feet. Section 10-43. Code Enforcement Officer Beverly
Kinney-Johnson reported the violation was first observed on June
30, 1992 and was to be corrected by August 20, 1992. Upon
reinspect ion of the property on September 01, 1992, Mrs. Johnson
found that no corrective action had been taken and recommended the
violator be given until October 18, 1992 to correct the violation
or a fine of twenty five dollars ($25.00) per day be imposed.
Mrs. Borner, after hearing the testimony presented and the
recommendation of Staff, moved in reference to Case Number 92-CE-
0694 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 violation committed by the violator, further moved that
the violator be given until October 18, 1992 to correct the
violation and that a fine of $25.00 per day be imposed for each day
the violation continues past that date. Seconded by Mrs. Strong.
Motion CARRIED 6-0.
CASE #92-CE-0694 - Steve and Roma Chute - Nauseating odor on
property. Section 717.03. Code Enforcement Officer Beverly
Kinney-Johnson reported her first visit to the property was on
September 04, 1992, at which time she found a nauseating odor
coming from a van with rotting food in it. Mrs. Johnson said a
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Notice of Violation was issued on September 08, 1992, setting
September 18, 1992, as the date for compliance. Upon reinspect ion
of the property on September 18, 1992, Mrs. Johnson found the
property was in compliance. Mrs. Johnson stated that since the
tenant and property owner have been subject to code enforcement
action in the past she felt it was important the Board hear the
case. Mrs. Johnson passed one (1) photograph to the Board dated
September 15, 1992. Mrs. Johnson recommended the violator be found
in violation of Section 717.03 of the Edgewater Zoning Ordinances
and ordered to refrain from future violations, or be treated as a
repeat violator.
Mr. Johnson, tenant at 200 W. Park Avenue, Edgewater, Florida,
stated the odor had come from a freezer left open, and he had
cleaned the freezer and van.
Krista Storey, City Attorney, said it was up to the Board to
determine if a violation had previously existed, and if so, order
the violator to refrain from future violations, and no fine would
be imposed at this time.
Mrs. Cucanich moved in reference to Case Number 92-CE-0694, that
the Code Enforcement Board makes the following determination:
After hearing the facts in this Case, the testimony, and the
recommendations of Staff with regard to the existence of a
violation, determined that the violation in fact did occur and the
alleged violator committed the violation, and an order of
enforcement is warranted. The violator is hereby ordered to refrain
from future violation. Failure to keep the property in compliance
may result in enforcement action as a repeat violation, in which
case a fine of up to $500.00 per day may be imposed from the date
of notice to the violator of the repeat violation, and recommended
the cause of odor be removed, and if there is a reoccurrence a
fine of $50.00 a day to begin the day the violation is observed.
Seconded by Mrs. Borner. Motion CARRIED 6-0.
DISCUSSION ITEMS:
None at this time.
CODE ENFORCEMENT COMMENTS:
None at this time.
ADJOURNMENT:
There being no further business, a motion was made and accepted to
adjourn. The meeting adjourned at 7:55 p.m.
Minutes respectfully submitted by:
Tonya L. Elliott, Secretary
Citizens Code Enforcement Board
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