05-19-1994
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING MINUTES
THURSDAY, MAY 19, 1994
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, May 19, 1994.
ROLL CALL:
Members present were Chairman George Cowan, Mr. Schmidt, Mr. Roberts, Ms. Sterl 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. Mrs. Bomer and Mrs. Planson were recorded absent.
APPROVAL OF MINUTES:
Mr. Schmidt made a motion to accept the minutes of February 17, 1994. Seconded by Mr.
Roberts. Ms. Sterl abstained as she was absent from the February meeting. Motion CARRIED
4-0.
Chairman Cowan stated, for the record, that the meetings of March 17, 1994 and April 21, 1994
were cancelled because all violations came into compliance.
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 Don Fuqua, representing Peacock Chrysler Plymouth, 1180 N. Dixie Freeway, New Smyrna
Beach, FL were sworn in at this time.
CASES IN COMPLIANCEIWITHDRAWN:
Beverly Kinney-Johnson, Code Enforcement Officer, reported the following cases in compliance,
withdrawn or continued:
* 93-CE-0465, Radnor/Edgewater, Inc. - In Compliance
* 94-CE-0012, Steven Robinson - In Compliance
* 94-CE-0045, Frank Hall - In Compliance
* 94-CE-0063, Precision Grinding, Rick Sparks & Jack Sparks - In Compliance
* 94-CE-0070, William 1. O'Donnell - In Compliance
* 94-CE-0084, Esther Diasio - Continued to July meeting
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UNFINISHED BUSINESS:
None at this time.
NEW BUSINESS:
Case #94-CE-0083 - Tracy Oldaker. Permit #1571 for sewer connection has expired. Section
19-32 and Failure to connect to City sewer system. Section 19-31. Failure to connect to City
sewer system. Section 19-31. Code Enforcement Officer Beverly Kinney-Johnson reported the
violations were first observed on AprilS, 1994, after receiving a complaint from the Utilities
Department and were to be corrected by April 27, 1994. Photographs were presented to the
Board for review. Upon reinspection of the property on April 27, 1994, Mrs. Johnson found that
no corrective action had taken place. Mrs. Johnson reported that a permit was pulled by L & P
Mechanical on November 15, 1993 and that on January 11, 1994 L & P notified the Utilities
Department that Ms. Oldaker no longer had the funds to pay for the connection. Mrs. Johnson
said that on May 9, 1994 the Utilities Department informed her that Daniel Soldevilla, a
perspective buyer, stated he would connect the property to the City's sewer system by June 1,
1994. Mrs. Johnson then recommended that the violator be given until June 30, 1994 to obtain
a current permit and connect to the City's sewer system or a fine of one hundred dollars
($100.00) per day be imposed.
Mr. Lange, moved to continue Case Number 94-CE-0083 for further information until the June
meeting. Seconded by Mr. Roberts. Motion CARRIED 5-0.
Case #94-CE-0088 - Robert W. Bruce, Sr. c/o Cecil Goodrich. No permit obtained 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 observed on April
5, 1994, after receiving a complaint from the Utilities Department and were to be corrected by
April 27,1994. Photographs were presented to the Board for review. Upon reinspection of the
property on April 27, 1994, Mrs. Johnson found that no corrective action had taken place. Mrs.
Johnson stated that Becky Wood, Realtor with Cecil Goodrich, is handling the property for Mr.
Bruce, who is in his 70's and currently a transient. Mrs. Johnson said that Ms. Wood made
arrangements with Director of Finance Fred Munoz to pay the permitting fees in two (2)
installments and that she has contacted Quality Plumbing to make the connection. Mrs. Johnson
then recommended that the violator be given until June 30, 1994 to obtain permits and connect
to the City's sewer system or a fine of one hundred dollars ($100.00) per day be imposed.
Mr. Lange, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 94-CE-0088 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 given until July 30, 1994 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 4-1.
Mr. Schmidt voted No.
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NEW BUSINESS CON'T:
Case #94-CE-0095 - Alonzo and Caroline Stokes, Jr. No 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 observed on April 5 after
receiving a complaint from the Utilities Department and were to be corrected April 27, 1994.
Photographs were presented to the Board for review. Upon reinspection on April 27, 1994, Mrs.
Johnson found that no corrective action had taken place and recommenced that the violator be
given until June 1, 1994 to obtain permits and make the required connection to the City's sewer
system 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 94-CE-0095 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 given until June 1, 1994 to correct the violations and that a fine of $100.00 be imposed for
each day the violation continues past that date. Motion FAILED as there was no second.
Mr. Lange, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 94-CE-0095 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 given until June 1, 1994 to correct the violations and that a fine of $50.00 be imposed for
each day the violation continues past that date. Seconded by Mr. Roberts. Motion CARRIED
3-2. Mr. Schmidt and Ms. Sterl voted no.
Case #94-CE-0112 - Peacock Chrysler Plymouth c/o Don Fuqua, General Manager. Special
event (tent sale of vehicles) without prior Council approval; non-payment of required fees, proof
of insurance, etc. Section 606.04(c)(I)-(9). Code Enforcement Beverly Kinney-Johnson reported
the violation was observed through an ad in the Penny saver on April 13, 1994 and that she
contacted Mr. Fuqua and told him that Council approval was required prior to the event. Mrs.
Johnson stated that Mr. Fuqua met with Mark P. Karet, Director of Community Development,
and was told at that time the City would proceed with code enforcement action if the tent sale
took place. Upon inspection of the tent sale location on April 15, Mrs. Johnson stated she
observed the tent sale in progress. A picture was presented to the Board for review. Upon
reinspection on April 28, 1994, Mrs. Johnson determined that the property was in compliance but
recommended the violator to refrain from future violations or risk enforcement action as a repeat
violator with a potential fine of five hundred dollars ($500.00) per day for each day the repeat
violation exists.
Don Fuqua, General Manager, Peacock Chrysler Plymouth, 1180 N. Dixie Freeway, New Smyrna
Beach, FL stated they were unaware that they were in violation of any City ordinances prior to
being contacted. Mr. Fuqua said that they became aware of the violation the day prior to the tent
sale, and that a considerable amount of money had already been spend. Mr. Fuqua also stated
that it was not their intention to violate any City rules or regulations and are aware of them now.
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NEW BUSINESS CON'T:
Mr. Lange, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 94-CE-01l2 that a violation of Section 606.04(c)(1)-(9) 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, moved that the violator be given
a warning that if this should happen again it will be treated as a repeat violation. Seconded by
Ms. Sterl. Motion CARRIED 5-0
DISCUSSION ITEMS:
1. Rescheduling of June 16, 1994 regular meeting.
Chairman Cowan asked the Board to select a date to replace the June 16, 1994 regular meeting
date due to the absence of Code Enforcement Officer Beverly Kinney-Johnson at that time. The
Board decided to reschedule the meeting to June 23, 1994, at 7:00 p.m., the place to be decided.
CODE ENFORCEMENT COMMENTS:
None at this time.
ADJOURNMENT:
There being no further business to come before the Board, a motion was made and accepted to
adjourn. The meeting adjourned at 7:45 p.m.
Minutes respectfully submitted by:
Elizabeth 1. McBride, Secretary
Citizen Code Enforcement Board
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