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11-19-1992 ....... ..", CITY OF EDGEWATER CITIZENS CODE ENFORCEMENT BOARD REGULAR MEETING THURSDAY, NOVEMBER 19, 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 November 19, 1992. ROLL CALL: Members present were Chairman George Cowan, Mrs. Delnigro, Dr. Mason, Mrs. Borner, and Mrs. Cucanich. Also present were Beverly Kinney-Johnson, Code Enforcement Officer, Mark P. Karet, Director of Community Development, Krista Storey, Ci ty Attorney, Tonya Elliott, Secretary, and Liz McBride, Secretary. Mr. Schmidt and Mrs. Strong were absent. APPROVAL OF MINUTES: Dr. Mason made a motion to accept the minutes of October 08, 1992. Seconded by Mrs. Borner. Motion CARRIED 5-0. SWEARING IN OF WITNESSES: Chairman 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. Perry Barrett, 602 W. Indian River Boulevard, Edgewater, Florida was 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 CASES IN COMPLIANCE/WITHDRAWN: Beverly Kinney-Johnson, Code Enforcement Officer, reported the following cases in compliance or withdrawn: * 92-CE-0796 - Robert Gross - In Compliance * 92-CE-0799 - Jimmy Owens - In Compliance * 92-CE-0842 - Thomas J. Costich, Jr. - In Compliance 1 ~ "'WJI UNFINISHED BUSINESS: CASE #92-CE-0494 - G. G. & F., Inc. - Metal, tires, wood, 55 gallon drums, PVC, rebar, and other miscellaneous items. Section 717.03. Weeds in excess of two (2) feet. Section 10-43. Inoperable truck with no license plate. Section 10-64. Discarded freezer. Section 10-8(a). Code Enforcement Officer Beverly Kinney-Johnson reported the violations were first observed on February 14, 1992. Attempts to notify property owners failed, therefore, Legal Ads were placed in the Daytona News Journal. Upon reinspect ion of the property on November 19, 1992, Mrs. Johnson found that only the freezer was removed. A video was shown to the Board for review. Since no corrective action had been taken on the remaining violations, Mrs. Johnson recommended the violator be given until December 6, 1992 to correct the violations or a fine of fifty dollars ($50.00) per day imposed. Dr. Mason, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0494 that a violation of Section 717.03 of the Edgewater Zoning Ordinance, Section 10-43 of the Edgewater Code of Ordinances, and 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 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 December 6, 1992 to correct the violations and that a fine of $100.00 be imposed for each day the violations continue past that date. Seconded by Mrs. Borner. Motion CARRIED 5-0. CASE #92-CE-0628 - Jeffrey and Cameron Evers - Weeds in excess of two (2) feet. Section 10-43. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed December 12, 1991. Attempts to notify property owners failed, therefore, Legal Ads were placed in the Daytona News Journal. Photographs were presented to the Board for review. Upon reinspect ion of the property on November 19, 1992, Mrs. Johnson found that no corrective action had been taken and recommended the violators be given until November 23, 1992 to correct the violation or a fine of twenty-five dollars ($25.00) per day be imposed. Mrs. Cucanich, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0628 that a violation of Section 10-43 of the Edgewater Code of Ordinances does exist and the alleged violators have committed the violation. After considering the gravity of the violation, any actions taken by the violators to correct the violation, and any previous violations committed by the violators, further moved that the violators be given until November 23, 1992 to correct the violation and that a fine of $50.00 be imposed for each day the violation continues past that date. Seconded by Dr. Mason. Motion CARRIED 5-0. 2 '-" """" CASE #92-CE-0706 - W. L. and Alma R. McCord - Weeds in excess of two (2) feet. Section 10-43. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed on August 10, 1992 and was to be corrected on September 6, 1992. Photographs were presented to the Board for review. Upon reinspect ion of the property on November 19, 1992, Mrs. Johnson found that no corrective action had been taken and recommended the violators be given until November 29, 1992 to correct the violation or a fine of twenty-five dollars ($25.00) per day be imposed. Perry Barrett, 602 W. Indian River Boulevard, Edgewater, Florida, stated Bill McCord passed away about five (5) weeks ago and that Alma McCord called him after receiving Notice of Violation shortly after October 1, 1992 expressing her concerns over the matter. Mr. Barrett further stated that there is a contract on the lot in question with a December closing date. Mr. Barrett offered to do whatever was necessary to resolve the problem. Dr. Mason questioned if the Board is going to insist on every unoccupied lot being cut. A discussion developed among the Board as to how the code reads. Krista Storey reminded the Board that it needs to determine if a violation does exist, and not to agree or disagree with the language of the code. Mrs. Borner, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0706 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 December 17, 1992 to correct the violation and that a fine of $25.00 be imposed for each day the violation continues past that date. Seconded by Mrs. Cucanich. Motion CARRIED 5-0. CASE #92-CE-0786 - Elwood and Frances Sides - Plastic bins, metal, chairs, metal post and other items on property. Section 717.03. Weeds in excess of two (2) feet. Section 10-43. Code Enforcement Officer Beverly Kinney-Johnson reported the violations were first observed on September 15, 1992 and were to be corrected by September 26, 1992. Upon reinspect ion of the property on September 29, 1992, Mrs. Johnson observed the weeds had been cut, and a reinspect ion on November 11, 1992 revealed the plastic bins, metal, chairs, and metal pot had been removed but a glider still remained. Photographs were presented to the Board for review. Upon inspection of the property on November 19, 1992, Mrs. Johnson found the glider had not been removed, and recommended the violators be given until November 23, 1992 to correct the remaining 3 ....... """" violation or a fine of thirty dollars ($30.00) per day be imposed. Perry Barrett, 602 W. Indian River Boulevard, Edgewater, Florida, stated the Elwood Sides was out of town and requested the Board inform Mr. Barrett of what corrective actions needed to be taken. Mrs. Johnson stated the glider needed to be removed from the property. Mrs. Borner, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0786 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 November 23, 1992 to correct the violation and that a fine of $30.00 per day be imposed for each day the violation continues past that date. Seconded by Mrs. Cucanich. Motion CARRIED 5-0. CASE #92-CE-0788 - Fred Ramon - Weeds in excess of two (2) feet. Section 10-43. No visible house number on property. Section 15.1(b). Code Enforcement Officer Beverly Kinney-Johnson reported the violations were first observed on September 22, 1992. All attempts to notify the violator failed and a legal ad was placed in the Daytona Beach News Journal. Upon reinspect ion of the property on October 06, 1992, Mrs. Johnson found that the house number had been placed on the property but the weeds had not been cut. Photographs were presented to the Board for review. Mrs. Johnson reinspected the property November 19, 1992 and found the weeds had not been cut and recommended the violator be given until November 23, 1992 to correct the violation or a fine of twenty five dollars ($25.00) per day be imposed. Mrs. Cucanich, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE- 0788 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 November 23, 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. Borner. Motion CARRIED 5-0. CASE #92-CE-0798 - Charles P. Justice - Weeds in excess of two (2) feet. Section 10-43. Code Enforcement Officer Beverly Kinney- Johnson reported the violation was first observed on September 25, 1992 and was to be corrected by October 08,1992. Upon reinspect ion of the property on October 09, 1992, Mrs. Johnson found that no 4 ...., ...,.,1 corrective action had been taken. Photographs were presented to the Board for review. Mrs. Johnson stated she has had no contact wi th the violator and recommended the violator be given until November 25, 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- 0798 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 November 25, 1992 to correct the violation and that a fine of $50.00 be imposed for each day the violation continues past that date. Seconded by Mrs. Cucanich. Motion CARRIED 4-1. Dr. Mason voted no. CASE #92-CE-0815 - Ernest Wheaton - Wood/lumber and aluminum on property. Section 717.03. Weeds in excess of two (2) feet. Section 10-43. Code Enforcement Officer Beverly Kenny-Johnson reported the violations were first observed on June 29, 1992 and were to be corrected by July 10, 1992. Mr. Clark, the person storing the items on the property, contacted our office and was granted two (2) extensions, making the compliance date July 27, 1992. Upon reinspect ion of the property on July 28, 1992, Mrs. Johnson observed some of the items had been removed and that plyboard had been attached to the chain link fence, attempting to hide remaining items. Photographs were presented to the Board for review. Upon inspection on October 12, 1992, Mrs. Johnson found the weeds had been cut but the wood, lumber and aluminum still remained. Mrs. Johnson reinspected the property again on November 19, 1992 and found no further corrective action had been taken. Perry Barrett, speaking on Mr. Wheaton's behalf, stated that Mr. Wheaton is in Nigeria and requested an extension until the December Board meeting. Mr. Barrett said Mr. Wheaton is willing to work with the Board to correct the violations. Krista Storey, City Attorney, stated the Board needed to consider Mr. Barrett's request before they continued. Dr. Mason made a motion to table the case until December 17, 1992. Due to a lack of a second, Motion FAILED. Mrs. Johnson recommended the violator be given until December 1, 1992 to correct the violation or a fine of thirty dollars ($30.00) per day be imposed. After further discussion, Dr. Mason made another motion to table Case #92-CE-0815 until December 17, 1992. Seconded by Mrs. Delnigro. Motion CARRIED. 5-0. 5 ..... .."" CASE #92-CE-0829 - John Farrell/Farrell Miller Food Systems _ Pennants on property. Section 3-8(a) (2)a.13. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed on October 07, 1992 and was to be corrected on October 18, 1992. Upon reinspection of the property on November 3, 1992, Mrs. Johnson found that no corrective action had been taken. Photographs were presented to the Board for review. Mrs. Johnson stated she has had no contact with the violator and recommended they be given until November 23, 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- 0829 that a violation of Section 3-8 (a) (2) a.13 of the Edgewater Code of Ordinances does exits and the alleged violator has commi tted 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, move that the violator be given until November 23, 1992 to correct the violation and that a fine of $30.00 be imposed for each day the violation continues past that date. Seconded by Mrs. Cucanich. Motion CARRIED 3-2. Mrs. Delnigro and Dr. Mason voted no. DISCUSSION ITEMS: * * Mrs. Cucanich - Trash - Ordinance 14-78 & 14-77 Mrs. Borner - Sign Ordinance, Krista Storey said in process with the Land Development and Regulatory Agency. Mr. Karet - Will Board members be available for the December meeting. Board answered yes. * 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 8:20 p.m. Minutes respectfully submitted by: Elizabeth J. McBride, Secretary Citizens Code Enforcement Board 6