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06-23-1994 ...... C\-"~"" \. /' __ _ I ,-" -'-"<-''->: ~~ \, ......, CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES THURSDAY, JUNE 23, 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, June 23, 1994. ROLL CALL: Members present were Chairman George Cowan, Mr. Roberts, Mrs. Bomer, 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. Mr. Schmidt and Ms. Sterl were absent. APPROVAL OF MINUTES: Mr. Roberts made a motion to accept the minutes of May 19, 1994. Seconded by Mr. Lange. Mrs. Bomer and Mrs. Planson abstained as they were not at the May 19, 1994 meeting. Motion CARRIED 3-0. 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; Jill Landreville, Edgewater Fire/Rescue; Frank Morris, 1814 Evergreen Drive, Edgewater, Florida; Karl Sachse, 2626 Lime Tree Drive, Edgewater, Florida; Charles Womer, 2001 S. Ridgewood Avenue, S. Daytona, Florida, attorney representing Joseph Kopec's estate; and Jean Pierre Griggs, 103 Lewis, Edgewater, Florida were sworn in at this time. CASES IN COMPLIANCEIWITHDRAWN: Beverly Kinney-Johnson, Code Enforcement Officer, reported the following cases in compliance, withdrawn or continued: * 94-CE-0066, Robert Mason dba Done Right Painting - In Compliance * 94-CE-0128, Jean Pierre Griggs - Continued 1 ~ ...., UNFINISHED BUSINESS: Case #86-CC-47 - Frank Morris. Request for a reduction of fine. In a memorandum dated June 23, 1994 from Beverly Kinney-Johnson, Code Enforcement Officer, to the Citizen Code Enforcement Board, the history of this case was reviewed. Mrs. Johnson said the Violator constructed a "tree house" larger than originally planned and that a tin roof was added without obtaining a permit. Mrs. Johnson added that at the Citizen Code Board meeting on December 18, 1986, the Board moved to impose a $15.00 per day fine starting December 30, 1986 if the violation was not abated. Mrs. Johnson said the Violator was found to be in compliance on February 14, 1987, and that an Affidavit of Compliance and Notice of Lien was filed with the Clerk of the County Court in the amount of $690.00. Due to the Violator's lack of cooperation from the start of this case, his refusal to accept his mail regarding this case, and the costs incurred by the City to date, Mrs. Johnson recommended that the fine of $690.00 not be reduced. Frank Morris, 1814 Evergreen Drive, Edgewater, Florida explained that he was made to vacate the property by the State, due to personal matters, and was not forwarded his mail. Mr. Morris stated that the City knew where he was located (his New Smyrna Beach restaurant) and the letters could have been brought to him there. Mr. Morris said he was going through a divorce and was not permitted on the property, and found out later that his wife had someone remove the roof. Mr. Morris stated that he did not know about the lien until now. Mr. Morris argued that requiring a permit for a tree house is ludicrous, that he would pay the court costs, but $690.00 for a tree house is ridiculous. Mrs. Bomer and Mr. Lange asked Mr. Morris if he was present at the meeting when he was granted a one month extension to abate the violation from the Board. Mr. Morris answered yes. Mrs. Bomer then asked if he was then aware he was going to have a lien placed on the property if the violation was not abated. Mr. Morris answered, "I agree with the lien yes, but I was unable to take care of the problem because the court ordered me off the property." Mr. Lange and Mrs. Planson reviewed the minutes of 1986 and 1987. Mrs. Bomer, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 86-CC-47 that the fine shall not be reduced for the following reason: Mr. Morris knew about the matter and never followed through with it. Seconded by Mr. Roberts. Motion CARRIED 5-0. Case #91-CC-2103 - Joseph Kopec c/o Charles Womer. Request for a reduction of fine to $1,000. Beverly Kinney-Johnson, Code Enforcement Officer, read a memorandum from Krista A. Storey, City Attorney, dated June 15, 1994, to the Code Enforcement Board concerning the request for a reduction of fine. Mrs. Johnson reported that the property at 1090 S. Ridgewood Avenue was found to be in violation on November 16, 1991 and since the violation was not abated, a lien was recorded on July 15, 1992. After Mr. Kopec's attorney, Charles Womer, met with Staff last summer, the property was brought into compliance in October 1993. It was also stated in the memorandum that the accrued fine totaled $20,100. Mrs. Johnson determined the -2- -.. ....." City incurred approximately $1,000 in costs during the coarse of this case, and stated that Staff recommended that the Board approve the request and authorize the Chairman to execute a Satisfaction of Lien upon receipt of the payment. Charles Womer, attorney representing Joseph Kopec's estate, stated that Mr. Kopec always felt that the law was wrong and didn't always deal with the problem. Mr. Womer stated Mr. Kopec died May 9, 1994, and the fine levied would be an impossible burden on the family, and a reduction of the fine to $1,000 would be much appreciated. Mr. Womer added that the family will be looking at the property and taking steps to do what needs to be done. Mrs. Planson, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 91-CC-2103 that the fine shall be reduced to $1,000 for the following reason: to cover the cost for investigation of the case. Seconded by Mrs. Bomer. Motion CARRIED 5-0. Case #94-CE-0494 - Resolution Trust Corporation c/o Joel Datz. Request for a settlement of case and a reduction of fine to $4,000. Beverly Kinney-Johnson, Code Enforcement Officer, read a memorandum from Krista A. Storey, City Attorney, dated June 14, 1994, to the Code Enforcement Board concerning the settlement of the case and a request for a reduction of fine. Mrs. Johnson read that the property, formerly the All American Truss Company, had been in violation since the end of 1992, and that upon contact with Joel A. Datz of Draper and Kramer Incorporated, learned that Resolution Trust Corporation took title to the property in December 1992. Draper and Kramer serve as the property representative. In conjunction with a pending sale of the property, Mrs. Johnson stated she had been working with Mr. Datz to determine what is required to abate the violations. After contacting the City departments who have been involved with this property, Mrs. Johnson determined the City incurred approximately $4,000 in costs during the course of this case. Mrs. Johnson reported Staff recommended that the Board approve the settlement subject to compliance with all the terms before October 1, 1994. In the interim, Staff recommended removal of the non-environmentally sensitive debris begin by July 15, 1994, and that a copy of the contract with an approved environmental contractor be provided by August 1, 1994. Krista A. Storey, City Attorney, stated that Mr. Datz is willing to work with the City to abate the violations. Ms. Storey explained that in terms of protecting the City, a Satisfaction of Lien would not be filed until the fine is paid and all conditions have been complied with. Ms. Storey also stated that Mr. Datz indicated that October 1, 1994 should be not problem bring the property in compliance. Mr. Lange, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE-0494 that the fine shall be in accordance with the Settlement Order and reduced to $4000. Seconded by Mrs. Bomer. Motion CARRIED 5-0. -3- ~ ..""" NEW BUSINESS: Case #94-CE-Oll1 - D. Kennedy dba Edgewater Discount Wallpaper. Failure to renew occupational license. Section 11-2. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed on April 4, 1994 and was to be corrected April 14, 1994. A photograph was presented to the Board for review. Upon verification from the City Clerk's office on June 23, 1994, Mrs. Johnson found that Violator still had not renewed his occupational license and recommended that the Violator be given until July 1, 1994 to correct the violation or a fine of fifty dollars ($50.00) per day be imposed. Mrs. Planson, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 94-CE-0111 that a violation of Section 11-2 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 1, 1994 to correct the violation and that a fine of $50.00 be imposed for each day the violation continues past that date. Seconded by Mrs. Borner. Motion CARRIED 4-1. Mr. Lange voted no. Case #94-CE-0117 - Karl and Donna Sachse dba Karl's Kar Kare. Spray painting inside a building with no approved spray booth, Section 1002.1.2. Spray painting in a room not protected by an approved automatic fire extinguishing system, Section 1002.9.1. Code Enforcement Officer Beverly Kinney-Johnson reported the violations were first observed on April 26, 1994 and were to be corrected by May 10, 1994. Upon reinspection on June 20, 1994, Mrs. Johnson found the Violator to be in compliance, but because of the serious nature of the case, felt it important that the Board hear this case. Four (4) photographs were presented to the Board for review. Mrs. Johnson then recommended the Violator be found to have been in violation and ordered to refrain from future violations or risk enforcement action as a repeat violator. Karl Sachse, 2626 Lime Tree Drive, Edgewater, Florida, stated that his occupational license indicates he can do body work and mechanical work, and does not include spray painting, which he stated he does not do. Mr. Sachse said he does prime cars using spray cans. Mr. Johnson stated that on April 28, 1994 there was a compressor running at the time of her visit. Mr. Sachse said of course he had a compressor, he operates a repair shop. Jill Landreville, Edgewater Fire/Rescue, explained that the City has not enforced spray booth regulations for the use of small amounts of flammable finishes. Discussion followed as to whether spray painting actually occurred, and the renewal of occupational license procedure. Mr. Lange, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 94-CE-01l7 that a violation of Section 1002.1.2 and 1002.9.1 of the -4- ...... ...." Standard Fire Prevention Code does not exist. Seconded by Mr. Roberts. Motion CARRIED 4-1. Mrs. Planson voted no. Case #94-CE-OI22 - Halifax Court Condominium c/o Property Manager Gerry Winchell. Jeep truck with no tag on property. Section 10-64. No permit for oversized shed. Section 7-21 and 105.1(a) & (e). Code Enforcement Officer Beverly Kinney-Johnson reported the violations were observed on April 11, 1994 and were to be corrected by April 26, 1994. Photographs were presented to the Board for review. Upon inspection on April 29, 1994, May 12, 1994 and June 23, 1994, Mrs. Johnson found the Jeep truck with no tag and the large shed with no permit still on the property and recommended the Violator be given until July 1, 1994 to correct the violations or a fine of thirty dollars ($30.00) per day be imposed for each violation. Mrs. Bomer, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 94-CE-0122 that a violation of Section 10-64 and 7-21, 105.1(a) & ( e) 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, moved that the violator be given until July 1, 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 Mrs. Planson. Motion CARRIED 5-0. DISCUSSION ITEMS: 1. Rescheduling of July 21, 1994 regular meeting. Chairman Cowan asked the Board to select a date to replace the July 21, 1994 regular meeting date due to absence of City Attorney Krista A. Storey from that meeting. The Board decided to cancel the July meeting and indicated the next meeting will be August 18, 1994. CODE ENFORCEMENT COMMENTS: Have a nice 4th of July! 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 -5-