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12-17-1992 ~ ..., 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 CASES IN COMPLIANCE/WITHDRAWN: Beverly Kinney-Johnson, Code Enforcement Officer, reported the following cases in compliance or withdrawn: * 92-CE-0815 - Ernest Wheaton - In Compliance * 92-CE-0849 - David Loos - In Compliance * 92-CE-0902 - George Draper - In Compliance 1 '-" ...., UNFINISHED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. 2 'W' ..." 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 3 ...." """'" 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: * * * 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. 4 ... ..""" 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 5