12-16-1993
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING MINUTES
THURSDAY, DECEMBER 16,1993
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, December 16, 1993.
ROLL CALL:
Members present were Chairman George Cowan, Maureen Bomer, Jill Sterl and Jeffrey 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.
Donald Schmidt, Frank Roberts and Debbie Planson were absent.
APPROVAL OF MINUTES:
Mrs. Born made a motion to accept the minutes of November 18, 1993. Seconded by Ms. Sterl.
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;
Michael Erving, Irene E. Burley's husband, 3127 Kumquat Drive, Edgewater, Florida; Perry
Barrett representing Associates of Meadow Lake, Inc., 3001 India Palm Drive, Edgewater,
Florida; and Ralph DiBenedetto, 425 Royal Palm Drive, 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or withdrawn: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-0493, George D. & Lori A. King, III - in compliance
* 93-CE-0551, First Federal Savings Bank - in compliance
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UNFINISHED BUSINESS:
Case #93-CE-0089 - Brian L. and Leroy Beisell. Permit #SI-0755 has expired, failure to obtain
current permit to connect to City sewer. Section 19-32. Failure to connect to City sewer system.
Section 19-31. Code Enforcement Officer Beverly Kinney-Johnson reviewed this case which was
heard by the Board on October 21, 1993. It was determined at that time that the matter be
continued until December 16, 1993, stipulating that during the interim, the Violators must abate
the violation by either obtaining the required permit and connecting to the City sewer system or
by demonstrating an effort to come into compliance by filing an application for financial
assistance with the Volusia County Community Development Department, and that failure to
abate the violation or demonstrate effort to come into compliance may result in a fine of one
hundred dollars ($100.00) per day for each day the violation continues. As of close of business
December 16, 1993, Mrs. Johnson found that no permit had been obtained and after speaking to
Lenora Cody of the Volusia County Community Development Department, Mrs. Johnson was
informed that Ms. Cody's office had not received any application for financial assistance to
connect to the City sewer system. Mrs. Johnson concluded that because Mr. Beisell failed to
demonstrate an effort to come into compliance as directed by the Board, recommended that a fine
of one hundred dollars ($100.00) per day be imposed beginning December 16, 1993.
Mrs. Bomer, 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 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 violator be
fined $100.00 per day as of December 16, 1993 and for each day the violation continues past that
date. Seconded by Ms. Sterl. Motion CARRIED 4-0.
Case #93-CE-0624 - Al and Marie DiBenedetto. Discarded wood and black indoor/outdoor
carpet. Section 717.03. Code Enforcement Officer Beverly Kinney-Johnson reviewed this case
which was heard by the Board on November 18, 1993. It was determined at that time the
Violators had until December 1, 1993 to abate the violation or a fine of thirty dollars ($30.00)
per day would be imposed. Mrs. Johnson reinspected the property December 6, 1993 and found
the violation had been abated and a fine of $120.00 accrued. Mrs. Johnson concluded that since
the Violators had sufficient time to abate the violation prior to assessment of the daily fine, that
the fine not be waived.
Ralph DiBenedetto, 425 Royal Palm Drive, Edgewater, Florida stated to the Board that the items
on the property belonged to someone who was going to open a produce shop and changed their
minds but did not clear away the items. Mr. DiBenedetto said he was out of town when the
hearing notice was accepted by his son, that he came back right away and cleaned everything up,
and that neither his wife nor his son had a key to the rental units.
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UNFNISHED BUSINESS CON'T:
Mr. Lange, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 93-CE-0624 that the fine not be reduced for the following reason(s):
that he had time to abate the violation before the fine was imposed. Seconded by Mrs. Bomer.
Motion CARRIED 4-0.
NEW BUSINESS:
Case #93-CE-0517 - Irene E. Burley. Failure to connect to City water service through a metered
connection. Section 19-11(a). Code Enforcement Officer Beverly Kinney-Johnson reported that
at the request of the Finance and Utilities Departments on July 29, 1993 a notice of violation was
issued and was to be corrected by September 27, 1993. Mrs. Johnson said that after contacting
the Finance and Utilities Departments on November 30, 1993, she was informed that no
corrective action had taken place. A photograph was presented to the Board for review. Mrs.
Johnson said she spoke to Michael Erving, Ms. Burley's husband, on December 15, 1993 and at
that time they were unable to afford the cost for connection. Mrs. Johnson stated she referred
Mr. Erving to Fred Munoz, Director of Finance, for possible payment arrangements. Mrs.
Johnson concluded that because no corrective action had taken place, recommended, at the
request of Mr. Erving, that the Violator be given until January 31, 1994 to correct the violation
or a fine of one hundred dollars ($100.00) per day be imposed.
Michael Erving, Irene E. Burley's husband, 3127 Kumquat Drive, Edgewater, Florida, said he has
had bad luck with renting the house and has been financially unstable. Mr. Erving also stated
he spoke to Mr. Munoz and was informed the City will agree to installment payments for the
connection. Mr. Erving requested an additional ninety (90) days to get hook-up.
Ms. Sterl, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 93-CE-0517 that a violation of Section 19-11(a) 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 March 16, 1994 to correct the violation and that a fine of $100.00 be imposed for each day
the violation continues past that date. Seconded by Mrs. Bomer. Motion CARRIED 4-0.
Case #93-CE-0661 - Associates of Meadow Lake c/o Perry Barrett. Section 7-21, 1-05(a) & (e).
Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed on
November 3, 1993 and was to be corrected by November 27, 1993. Mrs. Johnson stated that
according to Lynne Plaskett, Assistant Director of Community Development, Mr. Barrett gave
the gazebo to Mike Visconti and several other residents of Meadow Lake who then erected the
gazebo in the commons area owned by Associates of Meadow Lake. Mrs. Johnson also stated
that on November 8, 1993 Bill Gleason, an employee of Perry Barrett, obtained a building
application for the erection of the gazebo from the Building Division but it was never returned
for processing. After reinspection of the property on November 30, 1993 and December 16, 1993
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NEW BUSINESS CON'T:
and after checking with the Building Division on December 16, 1993, Mrs. Johnson found that
no corrective action have taken place and recommended the Violator be given until January 2,
1994 to correct the violation or a fine of thirty dollars ($30.00) per day be imposed.
Perry Barrett, 3001 India Palm Drive, Edgewater, Florida, stated he did not give the gazebo to
Mike Visconti, but as far as he is concerned, Mr. Visconti is an authorized agent who went to
City Hall, spoke to Lynne Plaskett and applied for a permit. Mr. Barrett said Mr. Visconti asked
him if it was alright, to erect the gazebo, and Mr. Barrett said he had no problem with that but
"make sure you go to City Hall, do whatever you need to do, talk to whoever you need to, get
a permit, do whatever they tell you to do." Mr. Barrett said that is about all he knows about it.
After discussion by the Board as to who owns the property where the gazebo was erected and
a statement by Mr. Barrett that Mr. Visconti is an authorized agent, Krista A. Storey, City
Attorney, suggested that Mr. Barrett had raised a good issue, and if Mr. Barrett had authorized
someone to be his agent then she did not understand the issue of the violation. Ms. Storey then
suggested to the Board to continue the case so that the authorization on file can be checked.
Mr. Lange moved to table Case Number 93-CE-0661 until January 20, 1993, unless the issue has
been resolved, to research the records to find out if there is an authorization letter. Seconded by
Mrs. Bomer. Motion CARRIED 4-0.
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 8:00 p.m.
Minutes respectfully submitted by:
Elizabeth 1. McBride, Secretary
Citizen Code Enforcement Board
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