11-18-1993
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING MINUTES
THURSDAY, NOVEMBER 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 7:00 p.m., Thursday, November 18, 1993.
ROLL CALL:
Members present were Chairman George Cowan, Mr. Schmidt, Mr. Roberts, Mrs. Bomer, Ms.
Sterl, Mrs. Planson and Mr. Lange. 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:
Mr. Schmidt made a motion to accept the minutes of October 21, 1993. Seconded by Mrs.
Bomer. Mrs. Planson abstained as she was absent from the October 21, 1993 meeting and Mr.
Lange, a new Board member, abstained as this was his first meeting. Motion CARRIED 5-0.
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 Ken Hamann, 6651 S.W. 57th Street, Davie, Florida were sworn in at this time.
CASES IN COMPLIANCEIWITHDRAWN:
Beverly Kinney-Johnson, Code Enforcement Officer, reported the following cases in compliance
or withdrawn:
None at this time
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UNFINISHED BUSINESS:
Case #93-CE-0089 - Kenneth and Annabelle E. Hamann. A dump is not a permitted use.
Section 607.00(b). Code Enforcement Officer Beverly Kinney-Johnson reviewed this case which
was heard by the Board on July 15, 1993. It was determined at that time the Violators be given
until August 1, 1993 to correct the violation or a fine of $75.00 per day be imposed. The
violation was abated on August 24, 1993 and a fine of one thousand six hundred fifty dollars
($1,650.00) was paid by the Violators on September 17,1993. Mrs. Johnson concluded that due
to the numerous extensions granted, that compliance was gained only after a fine was imposed
and because of the costs incurred by the City from August 20, 1992 to present recommended the
fine of $1,650 that was paid not be waived or reduced.
Ken Hamann, 6655 S.W. 57th Street, Davie, Florida, stated he was working a job in South
Florida that would have imposed a $100.00 a day fine if not completed and that job was
completed around the first of August. Mr. Hamann said that his tractor trailer and payloader
which were to be used to clear the cited lot had been stolen, and he presented a Police report
dated August 2, 1993 to the Board.
Mrs. Johnson stated that Mr. Hamann had ample time, approximately eight (8) months, prior to
the equipment being stolen to abate the violation.
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, recommended that the fine of $1,650.00
that has been paid by the Hamanns not be waived or reduced. Seconded by Mrs. Planson.
Motion CARRIED 7-0.
NEW BUSINESS:
Case #93-CE-0624 - Al and Marie DiBenedetto. Discarded wood and black indoor/outdoor
carpet on property. Section 717.03. Code Enforcement Officer Beverly Kinney-Johnson reported
the violation was first observed on October 4, 1993 and were to be corrected October 15, 1993.
Photographs were presented to the Board for review. Upon reinspection of the property on
October 15, 1993 and again on November 15, 1993, Mrs. Johnson found that no corrective action
had taken place and recommended that the Violators be given until December 1, 1993 to correct
the violation or a fine of thirty dollars ($30.00) per day be imposed.
There was a discussion between a few Board members and Mrs. Johnson regarding whether the
discarded items are visible to the public, and which section of the Code applies to the violation.
Mr. Schmidt, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 93-CE-0624 that a violation of Section 717.03 of the Edgewater
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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 December 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 7-0.
DISCUSSION ITEMS:
None at this time
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 7:30 p.m.
Minutes respectfully submitted by:
Elizabeth 1. McBride, Secretary
Citizen Code Enforcement Board
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