12-17-1992
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING
THURSDAY, DECEMBER 17, 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 December 17,
1992.
ROLL CALL:
Members present were Chairman George Cowan, Mrs. Delnigro, Mr.
Schmidt, Mrs. Strong, Mrs. Borner, and Mrs. Cucanich. Also present
were Beverly Kinney-Johnson, Code Enforcement Officer, Mark P.
Karet, Director of Conununi ty Development, Krista Storey, City
Attorney, and Liz McBride, Secretary. Dr. Mason was absent.
APPROVAL OF MINUTES:
Mrs. Cucanich made a motion to accept the minutes of November 19,
1992. Seconded by Mrs. Borner. Motion CARRIED 4-2. Mr. Schmidt
and Mrs. Strong abstained as they were absent from the November 19,
1992 meeting.
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. Mrs. Johnson was sworn in
at this time. Mrs. Judith Worthington, 409 Ann Street, Edgewater,
Florida was sworn in at the start of case #92-CE-0865.
CASES IN COMPLIANCE/WITHDRAWN:
Beverly Kinney-Johnson, Code Enforcement Officer, reported the
following cases in compliance or withdrawn:
* 92-CE-0815 - Ernest Wheaton - In Compliance
* 92-CE-0849 - David Loos - In Compliance
* 92-CE-0902 - George Draper - In Compliance
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UNFINISHED BUSINESS:
CASE #92-CE-0625 - Nancy and Joseph Barbara - Landscape buffer area
almost non-existent/landscaping not maintained. Sections 14-77 and
14-78. Code Enforcement Officer Beverly Kinney-Johnson stated that
the Barbaras were requesting an extension from October 31, 1992
until such time Growing Up Nursery completes planting. Mrs.
Johnson also stated the Barbaras have been cooperative in trying to
comply with the Board's order. Mrs. Johnson asked the Board to
grant the extension and waive the fine until January 03, 1993.
Mr. Schmidt moved to grant the extension until January 03, 1993.
Second by Mrs. Borner. Motion CARRIED 6-0.
NEW BUSINESS:
CASE #92-CE-0768 - Frank Hall - Weeds in excess of two (2) feet.
Section 10-43. Code Enforcement Officer Beverly Kinney-Johnson
reported the violation was first observed on September 08, 1992 and
was to be corrected by September 25, 1992. Upon inspection of the
property on September 25, 1992, Mrs. Johnson found that the
majority of the weeds were cut but the weeds along the 6 foot high
fence were not cut. Photographs were presented to the Board for
review. Upon reinspect ion of the property on October 21, 1992,
Mrs. Johnson found that no corrective action had been taken in
regards to the weeds along the fence, and recommended the violator
be given until January 03, 1993 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-
0768 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 January 03, 1993 to correct the
violation and that a fine of $25.00 be imposed for each day the
violation continues past that date. Seconded by Mr. Schmidt.
Motion CARRIED 6-0.
CASE #92-CE-0865 - Allan and Judith Worthington - White Mustang
wi th expired license plate. Section 10-64. Code Enforcement
Officer Beverly Kinney-Johnson reported the violation was first
observed on October 21, 1992 and was to be corrected by November
01, 1992. Photographs were presented to the Board for review.
Upon reinspection of the property on December 17, 1992, Mrs.
Johnson found that the expired license plate had been removed and
recommended that the violators be given until January 03, 1993 to
correct the violation or a fine of thirty dollars ($30.00) per day
be imposed.
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Judith Worthington, 409 Ann Street, Edgewater, Florida, stated the
reason the plates had not been place on the vehicle is that her
husband is unemployed and cannot afford the $104 per month
insurance coverage. Mrs. Worthington stated she contacted her
bank, and they agreed as long as the vehicle sits in the driveway
they do not have to have insurance at this time.
Mrs. Borner, after hearing the testimony presented and the
recommendation of Staff, moved in reference to Case Number 92-CE-
0865 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 January 03, 1993 to have the car backed
into the carport or that a fine of $25.00 be imposed for each day
the violation continues past that date. Seconded by Mrs. Strong.
Motion CARRIED 6-0.
CASE #92-CE-0900 - Frank and Mary Mussetter and Gail Cook -
Discarded wood, metal and bicycle parts on vacant lot North of
residence. Section 10-42. Inoperable motorcycle with no license
plate on property. Section 10-64. Code Enforcement Officer
Beverly Kinney-Johnson reported the violations were first observed
on October 30, 1992 and were to be corrected by November 13, 1992.
Upon inspection of the property on November 13, 1992, Mrs. Johnson
observed the inoperable motorcycle had been removed, and that the
wood, metal and bicycle still remained. Photographs were presented
to the Board for review. Upon reinspect ion on December 17, 1992,
Mrs. Johnson observed that no corrective action had been taken and
recommended that the violators be given until January 03, 1993 to
correct the remaining violation or a fine of thirty dollars
($30.00) per day be imposed.
Mrs. Strong, after hearing the testimony presented and the
recommendation of Staff, moved in reference to Case Number 92-CE-
0900 that a violation of Section 10-64 of the Edgewater Code of
Odinances 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 January 03, 1993 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 Mr. Schmidt.
Motion CARRIED 6-0.
SATISFACTION OF LIEN: Patricia and Tammy Walsh. In a memorandum
dated December 16, 1992 from Krista A. Storey, City Attorney, to
the Citizens Code Enforcement Board, it was stated that the Code
Enforcement Board assessed a fine of thirty dollars ($30.00) per
day beginning March 26, 1992 against the violators. On May 8, 1992
the property was determined to be in compliance. During the interim
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period, a fine of $1290.00 accrued. In reference to a closing on
the property, staff was contacted by the title company, and on
December 15, 1992 a check in the amount of $1290.00 was received by
the City for payment in full. Mrs. Storey asked the Code
Enforcement Board to acknowledge receipt of payment and authorize
the Chairman to execute a Satisfaction of Lien.
Mrs. Strong motioned that the Board accept the acknowledgement that
the Board received the $1290.00 and that George Cowan, Chairman,
issue a Satisfaction of Lien. Seconded by Mr. Schmidt. Motion
CARRIED 6-0.
FORECLOSURE AUTHORIZATION: In reference to the memorandum dated
December 16, 1992 from Krista A. Storey, City Attorney, to the
Ci tizens Code Enforcement Board, it was stated that the Code
Enforcement Board may authorize the City Attorney to foreclose on
liens after 3 months from the filing of any lien which remains
unpaid. On July 15, 1992 Orders were recorded in the cases of
Joseph Kopec, Curtis and Patricia Williams, Sr., Jimmy Owens (3
separate cases), and George and Lori King and Mrs. Storey requested
authorization from the Board to foreclose on the liens.
Mrs. Storey informed the Board that these are homestead properties
and if it is determined that it will cost more money to foreclose
on the lien then what will be received, then the City Attorney may
option to wait until the property is sold, or at a Staff level
between Mr. Karet and Mr. McMahon will make some determination as
to the cost effectiveness of foreclosure action or some other
issue.
Mrs. Cucanich motioned authorization from the Board to authorize
the City Attorney to foreclose on the liens against Joseph Kopec,
Curtis and Patricia Williams, Sr., Jimmy Owens (3 different cases),
and George and Lori King. Seconded by Mrs. Strong. CARRIED 6-0.
DISCUSSION ITEMS:
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Mrs. Delnigro - Code book revisions.
Mrs. Cucanich - Voting on roll call staggered.
Mr. Cowan - Thanking Board for job well done.
CODE ENFORCEMENT COMMENTS:
None at this time.
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ADJOURNMENT:
There being no further business, a motion was made and accepted to
adjourn. The meeting adjourned at 7:40 p.m.
Minutes respectfully submitted by:
Elizabeth J. McBride, Secretary
Citizen Code Enforcement Board
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