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05-20-1993 ~ I c, '-' ...., CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING THURSDAY, MAY 20, 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 7:01 p.m., Thursday, May 20, 1993. ROLL CALL: Members present were Chairman George Cowan, Mr. Roberts, Mr. Schmidt, and Mrs. Strong. Also present were Beverly Kinney-Johnson, Code Enforcement Officer, Krista A. Storey, City Attorney and Liz McBride, Secretary. Mrs. Bomer was absent. APPROVAL OF MINUTES: Mrs. Strong made a motion to accept the minutes of April 15, 1993. Seconded by Mr. Schmidt. Ms. Storey brought to the Boards attention where Mrs. Bomer abstained from the approval of the March 18, 1993 minutes, that the motion should reflect a vote of 5-0 as opposed to 5-1. Motion CARRIED 4-0. 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, Mr. Raymond DelGatto, owner of Legends Restaurant, 1401 S. Ridgewood, Edgewater, Florida and Curtis Williams, 157 Wildwood Avenue, Edgewater, Florida were sworn in at this time. Don Vonsburg, 1033 Ruth Drive, Edgewater, Florida, was sworn in at the end of New Business. CASES IN COMPLIANCEIWITHDRAWN: Beverly Kinney-Johnson, Code Enforcement Officer, reported the following cases in compliance or withdrawn: * 93-CE-0195, Phyllis Manley/Professional Title of Edgewater - In Compliance * 93-CE-0211, Sebaydin & Olga Rizvan - In Compliance * 93-CE-0278, J.C. & Rosemary Carder - In Compliance 1 'lw' ...., UNFINISHED BUSINESS: Case #93-CE-006HB) - Raymond DelGatto/Legends Restaurant. Sign erected with no permit. Section 3-5(a)(I)-(7)(b). Code Enforcement Officer Beverly Kinney-Johnson reviewed this case which was heard by the Board on April 15, 1993. It was determined at that time the violator be given until May 1, 1993 to correct the violation or a fine of $30.00 per day be imposed. Mrs. Johnson referred to a memorandum from Lynne Plaskett, Assistant Director of Community Development, which stated there was a misunderstanding between herself and Mr. DelGatto regarding the additional documents required by the Building Division in order for Mr. DelGatto to obtain a sign permit by the compliance date set by the Board. Mrs. Johnson concluded that due to this misunderstanding, Staff recommended that the accrued fine of $300.00 be waived. Raymond DelGatto, Legends Restaurant, 1401 S. Ridgewood Avenue, Edgewater, Florida stated, "That says about all of it". Mr. Roberts moved that the Board take the recommendation of Staff. Seconded by Mrs. Strong. Motion CARRIED 4-0. NEW BUSINESS: Case #93-CE-0209 - John and Mary J. Goldsmith. EI Camino with no tag and a motorcycle with expired tag. Section 10-64. Tires, wood, glass water bottles and other items on property. Section 717.03. Code Enforcement Officer Beverly Kinney-Johnson reported the violations were first observed on April 2, 1993 and were to be corrected April 15, 1993. A photograph was presented to the Board for review. Upon reinspection of the property on April 15, 1993, Mrs. Johnson found that the EI Camino had a temporary tag, the tires, wood, glass water bottles and other items had been removed but the motorcycle still had an expired tag and recommended that the Violators be given until June 1, 1993 to correct the 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 93-CE-0209 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 June 1, 1993 to correct the violation and that a fine of $30.00 be imposed for each day the violation continues past that date. Seconded by Mr. Roberts. Motion CARRIED 4-0. Case #93-CE-0224 - Henry Lewis/Henry Lewis Drywall. Failure to renew home occupational license. Section 11-2. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was observed on March 25, 1993 and was to be corrected by April 19, 1993. Mrs. Johnson stated as of close of business May 20, 1993, the Violator had not obtained a home occupational license or notified the City that the business no longer exists and recommended that the Violator 2 "W" ..."" NEW BUSINESS CON'T: be given until June 1, 1993 to correct the violation or a fine of fifty dollars ($50.00) per day be imposed. Mr. Roberts, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 93-CE-0224 that a violation of Section 11-2 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 June 1, 1993 to correct the violation and that a fine of $50.00 be imposed for each day the violation continues past that date. Seconded by Mr. Schmidt. Motion CARRIED 4-0. Case #93-CE-0253 - Douglas K. BowsNersatile Services. Failure to renew home occupational license. Section 11-2. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was observed on March 29, 1993 and was to be corrected by April 22, 1993. Mrs. Johnson stated as of close of business May 20, 1993, the Violator had not obtained a home occupational license or notified the City that the business no longer exists and recommended that the Violator be given until June 1, 1993 to correct the violation or a fine of fifty dollars ($50.00) per day be imposed. Mr. Schmidt, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 93-CE-0253 that a violation of Section 11-2 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 June 1, 1993 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. Strong. Motion CARRIED 4-0. Case #93-CE-0256(B) - Phoebe and Zora Lambert. Pick-up truck full of trash and mattresses on property. Section 717.03. Repeat violation. Code Enforcement Beverly Kinney-Johnson reported the violation was observed on April 9, 1993 and was to be corrected by April 23, 1993. The Violators were previously found in violation of Section 717.00/717.03 on December 21, 1998 and was never abated, and no further action was taken by the City. Pictures were presented to the Board for review. Upon inspection on April 23, 1993, Mrs. Johnson found no corrective action had been taken. Mrs. Johnson reinspected the property May 20, 1993 and observed the pick-up truck full of trash but did not see the mattresses and recommended the Violators be given until June 1, 1993 to correct the 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 93-CE-0256(B) 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, moved that the violator be given until 3 ~ ...., NEW BUSINESS CON'T: June 1, 1993 to correct the violation and that a fine of $30.00 be imposed for each day the violation continues past that date. Seconded by Mr. Roberts. Motion CARRIED 4-0 Case #93-CE-0272 - John and Ena McGregor/Edgewater Rent-All. Freestanding sign on property. Section 606.02(h). Code Enforcement Officer Beverly Kinney-Johnson reported the violation was observed on April 6, 1993 and was to be corrected by April 29, 1993. A picture was presented to the Board for review. Upon reinspection of the property on May 20, 1993, Mrs. Johnson found no corrective action had been taken and recommended the Violator be given until June 1, 1993 to correct the violation or a fine of thirty dollars ($30.00) per day be imposed. Mr. Roberts, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 93-CE-0272 that a violation of Section 606.02(h) 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 June 1, 1993 to correct the violation and that a fine of $30.00 be imposed for each day the violation continued past that date. Seconded by Mr. Schmidt. Motion CARRIED 4-0. SATISFACTION OF LIEN - Thomas J. Richards. In a memorandum dated May 13,1993 from Krista A. Storey, City Attorney, to the Citizen Code Enforcement Board, it was stated that the Board issued an Order on April 16, 1992 and prior to compliance in that matter a fine of nine hundred and thirty dollars ($930.00) accrued. As a result of a closing on that property, a check in the full amount of $930.00, which would satisfy that lien, was received. Ms. Storey requested authorization from the Board that they acknowledge that the fine had been paid, and authorize the Chairman to sign the Satisfaction of Lien. Mrs. Strong motioned that the Board recognizes that the payment had been made and the Chairman sign the Satisfaction of Lien. Seconded by Mr. Schmidt. Motion CARRIED 4-0. FORECLOSURE AUTHORIZATION - Curtis and Patricia Williams, Sr. In a memorandum dated May 13, 1993 from Krista A. Storey, City Attorney, to the Citizen Code Enforcement Board, it was stated that on September 21, 1992, Orders were recorded in two cases involving Curtis and Patricia Williams, Sr. and that after 3 months from the filing of any lien which remains unpaid, the Code Enforcement Board may authorize the City Attorney to foreclose on that lien. Ms. Storey requested authorization from the Board to initiate foreclosure proceedings if necessary. Curtis Williams, Sr., 157 Wildwood Avenue, Edgewater, Florida, stated he was not aware of most of this because he had been on the road and was very seldom home. Mr. Williams also stated that his son and his son's girlfriend were at the property off and on and were given a notice that he had never seen and knew nothing about. Mr. Williams stated he only knew about the May 20, 1993 Code Enforcement Board meeting after receiving a telephone call from his son and 4 'w' ....., NEW BUSINESS CON'T: another friend. Mr. Williams stated he was at the meeting to see what can be done and that the fines are totally outrageous and that he cannot pay them. Ms. Storey brought to the Board's attention that Mr. Williams had spoken at least a couple of times to both her legal secretary and also to Mrs. Johnson in regards to this case. In terms of addressing the issue of the outstanding fines at this time, Ms. Storey interjected that since Mr. Williams had not requested any reduction of fines formally, and the Board had no previous Orders in front of them and no background on the case, it would not be appropriate for the Board to take any action in reducing the fine. In regards to the issue of initiating foreclosure proceedings, Ms. Storey suggested to the Board that if they would like to consider this further, that the case be deferred until the next meeting and bring forward all the Orders and Mrs. Johnson can bring her files and can proceed accordingly. Mrs. Strong motioned that the Board table this case until the next meeting when we get more information on it, June 17, 1993. Seconded by Mr. Schmidt. Motion CARRIED 4-0. DISCUSSION ITEMS: 1) Don Vonsburg, 1033 Ruth Drive, Edgewater, Florida, in reference to Case Number 93- CE-0209, John and Mary 1. Goldsmith, stated he is the owner of the items located on the property. Mr. Vonsburg stated the motorcycle has been registered in the state of Florida since 1979, but he can't get the title to it because the State of Florida can't pull up the records. Mrs. Johnson suggested Mr. V onsburg store the motorcycle behind the 6 foot high fence on his property so it is not visible to the public. 2) Joan Strong - Election of Chairman and Vice-Chairman to be held in June. 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 1. McBride, Secretary Citizen Code Enforcement Board 5