03-18-1993
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING
THURSDAY, MARCH 18, 1993
COMMUNITY CENTER
7:00 P.M.
CALL TO ORDER:
Chairman George Cowan called to order the regular meeting of the
Citizen Code Enforcement Board at 7:15 p.m., Thursday, March 18,
1993.
ROLL CALL:
Members present were Chairman George Cowan, Mrs. Delnigro, Mr.
Roberts, Mr. Schmidt, Mrs. Strong, and Mrs. Cucanich. Also present
were Beverly Kinney-Johnson, Code Enforcement Officer, Mark P.
Karet, Director of Community Development, Krista A. Storey, City
Attorney and Liz McBride, Secretary. Mrs. Borner was absent.
APPROVAL OF MINUTES:
Mr. Roberts made a motion to accept the minutes of February 18,
1993. Seconded by Mr. Schmidt. Motion CARRIED 6-0.
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. Mrs. Johnson and Mr.
Thomas Ellis, 1700 High Street, 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CASES IN COMPLIANCE/WITHDRAWN: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following cases in compliance or withdrawn:
* 93-CE-0093, Charles Becker/B & L Supply - In Compliance
* 93-CE-0099, Publix Supermarket Inc. - Withdrawn
* 93-CE-0107, Edward J. Cirasuolo - In Compliance
UNFINISHED BUSINESS:
None at this time.
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NEW BUSINESS:
CASE #93-CE-0061(B) - Legends Restaurant/Raymond DelGatto - Sign
erected with no permit. Section 3-5(a) (1)-(7) (b). Code
Enforcement Officer Beverly Kinney-Johnson reported the violation
was first observed on February 1, 1992 and was to be corrected by
February 14, 1993. Photographs were presented to the Board for
review. Upon reinspect ion of the property on March 18, 1993, Mrs.
Johnson found that no corrective action had been taken and
recommended that the violator be given until April 1, 1993 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 93-CE-
0061(B) that a violation of Section 3-5(a) (1)-(7) (b) 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 April 1, 1993 to
correct the violation and the a fine of $30.00 be imposed for each
day the violation continues past that date. Seconded by Mrs.
Strong. Motion CARRIED 6-0.
CASE #93-CE-0075 - Thomas G. Ellis - Fill dirt placed in city
right-of-way wi th no permits. Section 9.5-55 (7). Code Enforcement
Officer Beverly Kinney-Johnson reported the violation was first
observed on February 2, 1993 and was to be corrected by February
14, 1993. Photographs were presented to the Board for review.
Upon reinspection of the property on March 11, 1993, Mrs. Johnson
observed that no corrective action had been taken and recommended
that the violator be given until April 1, 1993 to correct the
violation or a fine of thirty dollars ($30.00) per day be imposed.
Mr. Ellis stated that after the county paved High Street, they cut
a swale leaving him no access to get his beach concession stand in
or out of the property. Mr. Ellis also stated he was told by the
county that after DOT approval he could fill in the swale. Mr.
Ellis said he was referred to Kyle Fegley, City Engineer, which he
contacted February 8, 1993, but a solution has yet to be reached.
Mrs. Cucanich stated that ruling on this case cannot be made until
hearing from the city engineer.
Mrs. Cucanich so moved that we postpone this until we hear from the
city engineer and from Beverly. Seconded by Mr. Schmidt. Motion
CARRIED 6-0.
AMENDED LIEN: Case No. 92-CE-0474 - Lonnie & Jill Breitweiser came
before the Board in June and there was an Order issued June 18,
1992 with a compliance date of June 22, 1992. A lien was filed in
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September 1992. During that interim period, there was a
foreclosure on the property. The property was cleaned up after it
was taken back by HUD and ultimately the property was sold to
Country Wide Funding Corporation. Before the lien was recorded,
the property changed hands and by law, the lien may not go against
the real property but may continue to go against the Breitweisers
and anything else they own real or personal. In order to clear the
title of the property for the new owner, Krista A. Storey, City
Attorney, asked approval from the Board to record an Amended Lien
which removes the property itself from the lien but will continue
the lien in the Brei tweisers and anything they may own in the
future or other real property they have.
Mrs. Strong motioned that we follow Krista's recommendation for the
Breitweisers. Seconded by Mr. Schmidt. Motion CARRIED 6-0.
DISCUSSION ITEMS:
Mrs. Storey - Reminder to Mrs. Cucanich and Mrs. Delnigro - term on
Code Enforcement Board will expire May 1993. If interested in
continuing on the Board, a letter must be submitted, item will be
on agenda for the Council's May meeting.
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 7:50 p.m.
Minutes respectfully submitted by:
Elizabeth J. McBride, Secretary
Citizen Code Enforcement Board
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