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10-21-1993 CA') ~,C)\jc \ \ ...... ..., CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING - MINUTES THURSDAY, OCTOBER 21, 1993 SHUFFLEBOARD CLUB HOUSE 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, October 21, 1993. ROLL CALL: Members present were Chairman George Cowan, Mr. Roberts, Mr. Schmidt, Mrs. Bomer, and Ms. Sterl. 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. Planson was absent. APPROVAL OF MINUTES: Mr. Schmidt made a motion to accept the minutes of September 16, 1993. Seconded by Mr. Roberts. Motion CARRIED 4-0. Ms. Sterl abstained as she was absent from the September 16, 1993 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. Brian Beissel, 1315 Willow Oak Drive, Edgewater, Florida was sworn in before his case was presented to the Board. CASES IN COMPLIANCEIWITHDRAWN: Beverly Kinney-Johnson, Code Enforcement Officer, reported the following cases in compliance or withdrawn: None at this time. 1 ..... """ UNFINISHED BUSINESS: None at this time NEW BUSINESS: Case #93-CE-0500 - Helen E. Davis. Failure to obtain permit to connect to City sewer system Section 19-32. Failure to connect to City sewer system. Section 19-31. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed on July 26, 1993 and was to be corrected by August 26, 1993. Photographs were presented to the Board for review. Upon reinspection of the property October 21, 1993, Mrs. Johnson observed that no corrective action had been taken and recommended that the Violator be given until November 1, 1993 to correct the violation or a fine of one hundred dollars ($100.00) per day be imposed. Ms. Sterl, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 93-CE-0500 that a violation of Sections 19-31 and 19-32 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 required to obtain a permit to connect to the City sewer and make the connection to the City sewer by November 1, 1993 or a fine of $100.00 per day be imposed for each day the violation continues past that date. Seconded by Mrs. Bomer. Motion CARRIED 5-0. Case #93-CE-0559 - Charles P. Justice c/o Jeffrey E. Flotz, Esq. Weeds in excess of two (2') feet. Section 10-43. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed on August 23, 1993 and was to be corrected by September 20, 1993. Mrs. Johnson stated that on November 19, 1992 the Board found Mr. Justice in violation of Section 10-43 on this same property and levied a fifty dollar ($50.00) per day fine which was abated prior to compliance date. Photographs were presented to the Board for review. Upon reinspection of the property on October 21, 1993, Mrs. Johnson found that no corrective action had been taken and recommended the Violator be given until November 1, 1993 to correct the violation or a fine of fifty dollars ($50.00) per day be imposed. Krista A Storey, City Attorney, reminded the Board that for repeat violators, once the violator receives notice the Board is not obligated to give additional time to come into compliance, and can start the fine up to $500.00 per day. Mrs. Bomer, after hearing testimony presented and the recommendation of Staff, moved in reference to Case Number 93-CE-0559 that a repeat violation of Section 10-43 of the Edgewater Code of Ordinances has occurred 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 the previous violations committed by the violator, further moved that a fine of $75.00 be imposed for each the violation continues past September 20, 1993. Seconded by Mr. Schmidt. Motion CARRIED 4-1. Ms. Sterl voted No. 2 ...,. ...", NEW BUSINESS CON'T: Case #93-CE-0573 - National Stoneridge Corp. Weeds in excess of two (2') feet. Section 10-43. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed on August 31, 1993 and was to be corrected by September 23, 1993. Photographs were presented to the Board for review. Upon reinspection of the property on October 21, 1993, Mrs. Johnson found that on corrective action had been taken and recommended that the Violator be given until November 1, 1993 to correct the violation or a fine of thirty dollars ($30.00) per day be imposed. Mr. Roberts, after hearing testimony presented and the recommendation of Staff, moved in reference to Case Number 93-CE-0573 that a violation of Section 10-43 of the Edgewater Code of Ordinances has occurred 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 November 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. Schmidt. Motion CARRIED 5-0. Case #93-CE-0582 - Brian L. and Leroy Beissel. Permit SI-0755 obtained to connect to City sewer system has expired. Section 19-32. Failure to connect to City sewer system. Section 19- 31. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed on July 26, 1993 and was to be corrected September 23, 1993. Photographs were presented to the Board for review. Mrs. Johnson said that Brian Beissel contacted her office and told her he could not afford to have the connection made. Mrs. Johnson stated she referred Mr. Beissel to the Volusia County Community Development Department to inquire about receiving financial assistance through the Block Grant funding. Upon reinspection of the property on October 21, 1993, Mrs. Johnson found that no corrective action had been taken, and upon contacting the Volusia County Community Development Department on that same day, was told no application was submitted by Mr. Beissel and recommended that the Violator be given until November 1, 1993 or a fine of one hundred dollars ($100.00) per day be imposed. Brian Beissel, 1315 Willow Oak Drive, Edgewater, Florida, stated that he didn't have the money to put the sewer in and that the permit was pulled on the last day before he would have to pay a $150.00 connection fee. Mr. Beissel said he called Volusia County about the Block Grant and was told to pick up an application. Mr. Beissel also said that because the property is in his name and his father's name that the combined incomes would disqualify him. Mr. Beissel conveyed to the Board that he is just making ends meet, does not have any additional funds, and does not think a bank would give him a loan. The Board questioned Mr. Beissel on the cost of the bids he had received, suggested options for obtaining the necessary funds and alternative payment plans, and recommend doing the work himself with the help of a plumber. 3 .... .."".. NEW BUSINESS CON IT: Case #93-CE-0582 Con It: Krista A. Storey, City Attorney, interjected that the Capital Improvement Program is a very important program and is for health reasons and environmental reasons that the connection be made. Mr. Schmidt, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 93-CE-0582 that a violation of Sections 19-32 and 19-31 of the Edgewater Code of Ordinances does exist and the Violators have 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 to continue this matter until December 16, 1993. During the interim, the violator must abate the violation either by obtaining the required permit and connecting to the City sewer system or demonstrate an effort to come into compliance by filing an application for financial assistance with the Volusia County Community Development Department. Failure to abate the violation or demonstrate effort to come into compliance may result in a fine of $100.00 per day for each day the violation continues. Seconded by Mr. Roberts. Motion CARRIED 5-0. DISCUSSION ITEMS: The usage and enforcement of sections of the Florida Statues when citing violations were discussed between Mr. Roberts, Ms. Storey and Mr. Karet. 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 8:20 p.m. Minutes respectfully submitted by: Elizabeth 1. McBride, Secretary Citizen Code Enforcement Board 4