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08-19-1993 , ~' ~-- .:.J....':)'-21r ,:\ 'w' ....., CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING THURSDAY, AUGUST 19, 1993 COMMUNITY CENTER 7:00 P.M. CALL TO ORDER: Vice Chairman Donald Schmidt called to order the regular meeting of the Citizen Code Enforcement Board at 7:02 p.m., Thursday, August 19, 1993. ROLL CALL: Members present were Vice Chairman Donald Schmidt, Mr. Roberts, 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. Chairman George Cowan and Mrs. Strong were absent. APPROVAL OF MINUTES: Mr. Roberts made a motion to accept the minutes of July 15, 1993. Seconded by Mrs. Bomer. Motion CARRIED 5-0. SWEARING IN OF WITNESSES: Vice Chairman Schmidt 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 Bill Gleason, 526 Live Oak Place, Edgewater, Florida, were sworn in at this time. CASES IN COMPLIANCEIWITHDRAWN: Beverly Kinney-Johnson, Code Enforcement Officer, reported the following cases in compliance or withdrawn: * 93-CE-0457, Kim Cline dba Kim Cline Carpentry - Withdrawn * 93-CE-0459, Joseph Rymsza - In Compliance 1 '-" ...",. UNFINISHED BUSINESS: Case #92-CE-0668 - Pheobe Lumbert and Zora Pyevac. Weeds in excess of two (2') feet. Section 10-43. In a memorandum dated August 12, 1993 from Beverly Kinney-Johnson, Code Enforcement Officer, to the Citizen Code Enforcement Board, Mrs. Johnson reviewed this case which was heard by the Board on September 10, 1992. It was determined at that time a fine of twenty ($20.00) dollars be imposed for each day the violation continued past September 10, 1992. Mrs. Johnson further summarized that Mrs. Lumbert mailed a check to her nephew, Steve Campbell, dated September 18, 1992 so he could rent the necessary equipment to cut the lot. Mr. Campbell did not cut the lot until December 24, 1992, therefore, a fine of two thousand one hundred dollars ($2,100.00) accrued. Because Mrs. Lumbert and Ms. Pyevac had to rely on Mr. Campbell to cut the lot in their absence, and because they have now hired a lawn maintenance business to properly care for the lot in the future, Mrs. Johnson recommended the fine be reduced to two hundred fifty dollars ($250.00), which will cover costs incurred by the department. Mrs. Bomer moved that the fine be reconsidered, and to be in the amount of $250.00 to cover the costs that were incurred by the department for inspections, correspondence, photographs, and staff time in working this case. Seconded by Ms. Sterl. Motion CARRIED 5-0. NEW BUSINESS: Case #93-CE-0473 - Sides Cars & Trucks, Inc. Occupancy of building - storage of automobile supplies, building materials and other items. Section 103.9.1. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed on July 6, 1993 and was to be corrected by July 22, 1993. Photographs were presented to the Board for review. Upon reinspection of the property July 28, August 2, August 4 and August 19, 1993, Mrs. Johnson observed that the building was still being used for the storage of building materials, automotive parts, real estate signage and other items. Mrs. Johnson stated that Section 7-20 of the Edgewater Code of Ordinances adopts the Standard Building Code Section 103.9.1 which states that a building is not to be used until a Certificate of Occupancy has been issued by the Building Department, and recommended that the Violator be given until September 1, 1993 to correct the violation or a fine of thirty dollars ($30.00) per day be imposed. Bill Gleason, 526 Live Oak Place, Edgewater, Florida, representing Sides Cars & Trucks, Inc., stated that all of the materials on the premises in question will be used for construction of the building or decor and that the building is not being used for storage. Mrs. Planson and Mr. Schmidt questioned Mr. Gleason on the possible use of the windows, and various other items, observed in the photographs when the building outside obviously looked finished. Mr. Gleason replied that all of the materials on the premises will be used for construction or decoration of the building. 2 ....,., ... NEW BUSINESS CON'T: Mrs. Planson, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 93-CE-0473 that a violation of Section 103.9.1 of the Standard Building Code which has been adopted by Section 7-20 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 September 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 Mrs. Bomer. Motion CARRIED 5-0. Case #93-CE-0475 - Associates of Meadow Lake, Inc. Building material on vacant lot (no permits issued by Building Division). Section 714.00. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed on July 15, 1993 and was to be corrected by July 31, 1993. Photographs were presented to the Board for review. Mrs. Johnson stated that on July 2, 1993 the Building Division received a completed application to construct a single family residence and on August 12, 1993 the permit was approved and notification was given that the permit was ready to be paid for and picked up. Mrs. Johnson also stated that as of close of business August 19, 1993, the Violator had not picked up and paid for the permit, and recommended that the Violator be given until September 1, 1993 to correct the violation or a fine of thirty dollars ($30.00) per day be imposed. Bill Gleason, representing Associates of Meadow Lake, Inc., stated that everything Mrs. Johnson said was correct, and that building materials are stored on the site. Mr. Gleason also stated that he anticipated the permit would be paid for and picked up within thirty (30) days. Mrs. Johnson pointed out to the Board that over a period of 2 to 3 years there had been a pattern of permits being ready but not being paid for and picked up in a timely manner, ranging up to 56 days. Mr. Roberts, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 93-CE-0475 that a violation of Section 714.00 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 September 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 Ms. Sterl. Motion CARRIED 4-1. Mr. Schmidt voted no. DISCUSSION ITEMS: Attendance for the Board Member Workshop 3 'w' CODE ENFORCEMENT COMMENTS: None at this time. ADJOURNMENT: ..,.t 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 4