07-15-1993
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING
THURSDAY, JULY 15,1993
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 7:00 p.m., Thursday, July 15, 1993.
ROLL CALL:
Members present were Chairman George Cowan, Mr. Roberts, Mr. Schmidt, Mrs. Strong, Ms.
Sterl, Mrs. Bomer, and Mrs. Planson. 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.
APPROVAL OF MINUTES:
Mrs. Strong made a motion to accept the minutes of June 17,1993. Seconded by Mr. Schmidt.
Motion CARRIED 6-0. Mrs. PI anson, a new Board member, abstained as this was her first
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,
Mr. Perry Barrett, 3001 India Palm Drive, Edgewater, Florida, Nikki Clayton, First Union
Building, 20 N. Orange Avenue, Suite 1400, Orlando, Florida, and John and Ena McGregor,
Edgewater Rent-All, 112 N. Ridgewood Avenue, Edgewater, Florida were sworn in at this time.
CASES IN COMPLIANCE/WITHDRA WN:
Beverly Kinney-Johnson, Code Enforcement Officer, reported the following cases in compliance
or withdrawn:
* 93-CE-0409, John R. Sparks - In Compliance
* 93-CE-0430, James G. Vanish - In Compliance
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UNFINISHED BUSINESS:
Case #93-CE-0272 - John and Ena McGregor / Edgewater Rent-All. Free-standing sign on
property. Section 606.02(h). Code Enforcement Officer Beverly Kinney-Johnson reviewed this
case which was heard by the Board on May 20, 1993. It was determined at that time the violator
be given until June 1, 1993 to correct the violation or a fine of $30.00 per day be imposed. A
photograph was presented to the Board for review. The violation was abated June 7, 1993 and
a one hundred fifty dollar ($150.00) fine accrued. Because of the costs incurred by the
department for inspections, correspondence, photographs and staff time, Mrs. Johnson
recommended that the Board not waive or reduce the fine.
Ena McGregor, Edgewater Rent-All, 112 N. Ridgewood Avenue, Edgewater, Florida, stated that
they deal in numerous signs, that they did remove a yellow sign and felt they complied, and that
Mrs. Johnson could have stopped in and told them exactly which sign was not permitted. Mrs.
McGregor apologized to the City and stated that she tries to meet the codes and was not clear
on what was meant by a free-standing sign. Mrs. McGregor also stated that since it would be
a hardship for her to have to pay the $150.00, asked consideration in not having to pay the fine.
Krista A. Storey, City Attorney, offered guidance to the Board as to factors to be considered (i.e.,
special circumstances, consistency, history of case presented, etc.) when waiving or reducing
fines.
After discussion by the Board on what is a free-standing sign and changeable copy sign, Mr.
Roberts moved that the Board reconsider and reduce the fine by 50 percent. Motion FAILED
due to no Second.
Mr. Schmidt moved that the Board waive the fine completely due to fact that he felt there was
a lot of misunderstanding as to what type of sign was in violation. Seconded by Mr. Roberts.
Motion CARRIED 6-0. Mrs. Planson abstained as she did not hear the original case.
NEW BUSINESS:
Case #93-CE-0089 - Kenneth G. and Annabelle J. Hamann. A dump is not a permitted use.
Section 607.00(b). Code Enforcement Officer Beverly Kinney-Johnson reported the property was
first inspected on August 20, 1992 due to concerns that the transfer station was being used as a
dump. Mrs. Johnson reinspected the property on December 3, 1993 and found the business was
closed and being offered for sale. Mrs. Johnson inspected the property and reported the violation
was observed on February 8, 1993 and was be to corrected March 19, 1993. Extensions were
granted to April 9, 1993 and again to June 9, 1993, and much of the debris had been removed.
A video of a photographic history of the property was shown to the Board for review. Upon
reinspection of the property July 15, 1993, Mrs. Johnson observed construction debris. metal,
concrete, and other items still remained and recommended that the Violator be given until August
15, 1993 to correct the violation or a fine of fifty dollars ($50.00) per day be imposed.
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NEW BUSINESS CON'T:
Mrs. Bomer, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 93-CE-0089 that a violation of Section 607.00(b) 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 August 1, 1993 to correct the violation and that a fine of $75.00 be imposed for each day
the violation continues past that date. Seconded by Mrs. Strong. Motion CARRIED 6-1. Mr.
Roberts voted No.
Case #93-CE-0347 - Sides Cars & Trucks, Inc. Fence placed on property with no permit.
Section 706.00(a). Code Enforcement Officer Beverly Kinney-Johnson reported the violation was
first observed on May 18, 1993 and was to be corrected by May 29, 1993. Photographs were
presented to the Board for review. Mrs. Johnson stated as of close of business July 15, 1993,
the Violator had not obtained a permit for the fence, fencing or fence posts and recommended
that the Violator be given until August 1, 1993 to correct the violation or a fine of thirty dollars
($30.00) per day be imposed.
Nikki Clayton, 20 N. Orange Avenue, Suite 1400, Orlando, Florida, Attorney representing Sides
Cars & Trucks, Inc., stated the fence placed around the gas storage tanks, which will be buried
in conjunction with the construction of the convenience store on that site, requires the fence
under the manufacture's warranty, and should be an adjunct of the building permit. The fence
is temporary until the storage tanks can be buried.
Ms. Clayton stated in reference to the white fence posts, that they are boundary markers which
the property owner placed around the perimeter in order to show the property line, and that there
was no intention to install a fence as the white posts are not spaced in any way as to affect any
access of any kind.
After much discussion on the definition of fences, Ms. Storey explained to the Board that it first
needs to decide if 1) the structure erected around the tanks is a fence that requires a permit and
2) if the white posts are a fence and then determine the remedy to come into compliance.
Mr. Schmidt moved that the structure around the tanks not be considered a fence. Seconded by
Mrs. Strong. Motion CARRIED 7-0.
Mr. Schmidt moved that the white posts, boundary posts be considered a fence. Seconded by
Mr. Roberts. Motion CARRIED 4-3. Mrs. Strong, Ms. Sterl and Mrs. Bomer voted No.
Mr. Schmidt, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 93-CE-0347 that a violation of Section 706.00(a) 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,
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NEW BUSINESS CON'T:
and any previous violations committed by the violator, further moved that the violator be given
until August 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 4-3. Mrs.
Strong, Ms. Sterl and Mrs. Bomer voted No.
Case #93-CE-0348 - Good Old Times Country Store of Volusia Inc. Fence/fence posts placed
on property with no permit. Section 706.00(a). Real Estate sign placed on property with no
permit. Section 3-4. Code Enforcement Officer Beverly Kinney-Johnson reported the violation
was observed on May 18, 1993 and was to be corrected by May 29, 1993. Photographs were
presented to the Board for review. Upon reinspection of the property on June 18, 1993 and again
on July 15, 1993, Mrs. Johnson found that no corrective action had been taken, and as of close
of business July 15, 1993, the Violator had not obtained the required permits. Because the
fence/fence posts exist on the property, Mrs. Johnson recommended that the Violator be given
until August 1, 1993 to correct the violation or a fine of thirty dollars ($30.00) per day be
imposed, and because a real estates sign over 5 1/2 square feet exists on the property, Mrs.
Johnson recommended that the Violator be given until August 1, 1993 to correct the violation
or a fine of thirty dollars ($30.00) per day be imposed.
Nikki Clayton, Attorney representing Good Old Times Country Store, stated the Board could
probably recall the item of the fence posts and addressed the issue of the real estate sign. Ms.
Clayton stated that an effort was made twice by the applicant to obtain a permit but was denied
in each case because he was told he was not the property owner, when in fact Good old Times
Country Story was the owner at the time of the applications. Ms. Clayton also brought to the
Board's attention that Good Old Times Country Store was not the property owner when the
citation was issued, and is not the current owner.
Ms. Sterl, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 93-CE-0348, and requested Staff withdraw the case in reference to the
real estate sign. Seconded by Mrs. Strong. Motion CARRIED 6-1. Mr. Schmidt voted No.
Ms. Sterl, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 93-CE-0348, and requested Staff withdraw the case in reference to the
fence permits. Strong. Motion CARRIED 5-2. Mr. Roberts and Mr. Schmidt voted No.
DISCUSSION ITEMS:
None at this time.
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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 8:47 p.m.
Minutes respectfully submitted by:
Elizabeth 1. McBride, Secretary
Citizen Code Enforcement Board
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