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08-18-1994 '-" 'WI' , THE CITY OF EDGE WATER POST OFFICE BOX 1 OO-EDGEWATER, FLORIDA 32132-0100 CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES THURSDAY, AUGUST 18, 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 7:01 p.m., Thursday, August 18, 1994. ROLL CALL: Members present were Chairman George Cowan, Mr. Schmidt, Mrs. Bomer, Mrs. Strong, and Mr. Lange. Mr. Roberts and Mrs. Planson were recorded absent. Also present were Beverly Kinney-Johnson, Code Enforcement Officer, Mark P. Karet, Director of Community Development, Krista A. Storey, City Attorney and Liz McBride, Recording Secretary. APPROVAL OF MINUTES: Mr. Schmidt made a motion to accept the minutes of June 23, 1994. Seconded by Mrs. Bomer. Motion CARRIED 4-0. Mrs. Strong abstained, as she was a newly appointed member. 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 Rick A. Eckert, 2921 Orange Tree Drive, Edgewater, Florida were sworn in at this time. Walter Smith, 2925 Orange Tree Drive, Edgewater, Florida was sworn in at 7:29 p.m. CASES IN COMPLIANCEIWITHDRAWN: Beverly Kinney-Johnson, Code Enforcement Officer, reported the following cases in compliance, withdrawn or continued: * 93-CE-0589, Radnor/Edgewater, Inc. - Continued * 94-CE-0128, Jean Pierre Griggs - In Compliance ..... Citizen Cod~nforcement Board Minutes - August 18, 1994 Page -2- UNFINISHED BUSINESS: 1. 91-CC-2103, Joseph Kopec. Krista A. Storey, City Attorney, informed the Board that the one thousand dollar ($1,000) settlement amount was received on June 29, 1994 pursuant to the Boards determination during the June meeting. 2. 86-CC-47, Frank Morris. Krista A. Storey, City Attorney, summerized a request from Mr. Morris asking for a reduction of the amount of a fine, the Board determined that the request was not appropriate, and as a result, on July 6, 1994 a check in the amount of six hundred ninety dollars ($690) was received as full payment of the outstanding amount. Because a closing of the property would have been in jeoperty if the Satisfaction of Lien had not been executed, Ms. Storey asked the Board to confirm the execution of the Lien. Mrs. Bomer moved that the Lien was satisfied in the case of Frank Morris, Case Number 86-CC- 47, due to receipt of a check in the amount of $690 on July 6, 1994. Seconded by Mr. Lange. Motion CARRIED 4-0. Mrs. Strong did not vote, as she was not on the Board at that time. NEW BUSINESS: Case #94-CE-0094 - Cheryl Bridges/Schumer c/o Nichols Real Estate. 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 violations were first observed on April 5, 1994, after receiving a complaint from the Utilities Department, and were to be corrected April 27, 1994. Mrs. Johnson said that since the notice of violation was returned to the office on April 12, 1994, a legal advertisement was place in the News Journal which ran on June 6, 13,20, 27, 1994. Two (2) photographs were presented to the Board for review. Mrs. Johnson then recommended that the Violator be given until September 1, 1994 to correct the violation or a fine of one hundred dollars ($100.00) per day be imposed Mrs. Strong, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 94-CE-0094 that a violation of Section 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 September 1, 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 5-0. "W' Citizen Cod~nforcement Board Minutes - August 18, 1994 Page -3- New Business: Case #94-CE-0094 - Rick A. Eckert. Grass and weeds in excess of twelve (12) inches. Section 10-91. Code Enforcement Officer Beverly Kinney-Johnson reported her first visit to the property was on June 20, 1994, at which time she observed a natural buffer of virgin land along the south side of the property. A similiar complaint was recorded approximately three (3) years ago, and at that time it was determined that the area was virgin land and not a public nuisance. Mrs. Johnson presented photographs to the Board for review. Mrs. Johnson stated she brought the case before the Boad for a determination as to whether the vegetative growth was virgin land or if the land had been maintained in the past. Rick A. Eckert, 2921 Orange Tree Drive, Edgewater, Florida, presented five (5) affidavits from neighbors to the Board stating that the south side of the property had never been maintained. Walter Smith, 2925 Orange Tree Drive, Edgewater, Florida, asked that the ordinance pertaining to virgin barriers be read and explained to him. He also stated that he would like to come to an agreement with Mr. Eckert to get the area cleaned up. Mark P. Karet, Director of Community Development, explained the public policy issue and Krista A. Storey, City Attorney, read and explained Section 10-91. Mr. Smith continued to debate that the area is over grown, was at one time maintained, and felt that the ordinance is insane and that this area should be tended to. Mr. Schmidt, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 93-CE-0224 that the section of property in question had not been altered from its original state, and that no violation exists. Seconded by Mrs. Strong. Motion CARRIED 5-0. Election of Officers: Mrs. Strong nominated George Cowan for Chairman. Seconded by Mrs. Bomer. Motion FAILED 3-2. Mrs. Bomer nominated Don Schmidt for Chairman. Seconded by Chairman Cowan. Motion CARRIED 5-0. Mr. Lange nominated Maureen Bomer for Vice Chairwoman. Seconded by Mr. Schmidt. Motion CARRIED 4-1. Mrs. Bomer voted no. CODE ENFORCEMENT COMMENTS: Mrs. Johnson reported that the property at 211 Dale Street, (the site of previous violations) is ninety (90) percent cleaned up. ..... Citizen Cod~nforcement Board Minutes - August 18, 1994 Page -4- DISCUSSION ITEMS: Mrs. Bomer asked what is going to be done with the three (3) storage tanks located at S.R. 442 and Fern Palm Drive. Ms. Storey answered that the City has had several inquries on the parcel, and most recently heard that a closing was to be held on August 10, 1994. Mr. Lange asked if the tow-away signs placed on residential property, along Indian River Boulevard, were permissable. Mr. Karet answered the signs were put there by the property owners in conjunction with requests from the City. ADJOURNMENT: There being no further business, a motion was made and accepted to adjourn. The meeting adjourned at 7:01 p.m. Minutes respectfully submitted by: Elizabeth J. McBride, Recording Secretary Citizen Code Enforcement Board