09-15-1994
'-' .....,
THE CITY OF EDGE WATER
POST OFFICE BOX 1 OO-EDGEWATER, FLORIDA 32132-0100
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING MINUTES
THURSDAY, SEPTEMBER 15, 1994
COMMUNITY CENTER
7:00 P.M.
CALL TO ORDER:
Chairman Donald Schmidt called to order the regular meeting of the Citizen Code Enforcement
Board at 7:01 p.m., Thursday, September 15, 1994.
ROLL CALL:
Members present were Chairman Schmidt, Mr. Cowan, Mrs. Bomer and Mrs. Strong. Mr.
Roberts, Mrs. Planson and Mr. Lange 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:
Mrs. Strong motioned to accept the minutes of August 18, 1994. Seconded by Mr. Cowan.
Motion CARRIED 4-0.
SWEARING IN OF WITNESSES:
Chairman Schmidt 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;
Francisco Gonzalez, 202 Schooner Avenue, Edgewater, Florida; Sal DeSeno, 210 Schooner
Avenue, Edgewater, Florida; Richard Martinez, 317 Schooner Avenue, Edgewater, Florida,
representing the Edgewater Landing Homeowners Association Council Transition Committee and
Martel Berg, 138 Hibiscus Drive, Edgewater, Florida, developing partner of Edgewater Landing
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withdrawn or continued: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-0 196, William A. Krizanovic, In Compliance
'-"
Citizen b.de Enforcement Board
Minutes - September 15, 1994
Page -2-
UNFINISHED BUSINESS:
Case #93-CE-0473 - Sides Cars & Trucks, Inc. Krista A Storey, City Attorney, asked the
Board to acknowledge receipt of payment in the amount of $9,480, in reference to the property
at 601 Indian River Boulevard, which resulted in the closing of the property on August 30, 1994.
She also requested the Board authorize the Chairman to execute the Satisfaction of Lien.
Mr. Cowan moved that the Board acknowledge receipt of the payment of $9,480 and authorize
the Chairman to execute the Satisfaction of Lien, seconded by Mrs. Strong. Motion CARRIED
4-0.
Case #93-CE-0559 - Estate of Charles P. Justice c/o A.A. Justice, Jr. Code Enforcement
Officer Beverly Johnson distributed to the Board a letter received September 14, 1994 from AA
Justice requesting the accrued fine be waived or reduced to the actual cost incurred by the City.
During a conversation with AA Justice, Mr. Johnson learned that he held Power of Attorney for
some time prior to his brother's death and that he most likely knew of the code enforcement
action taken by the City. Ms. Johnson then recommended that if the Board reduces the fine, that
it not be reduced below the $2,285 in costs incurred by the City.
Mrs. Bomer, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 93-CE-0559 that the fine shall not be reduced because AA Justice
had sufficient time to abate the violation and failed to do so in a timely manner, seconded by
Mrs. Strong. Motion CARRIED 4-0.
Case #93-CE-0589 - Radnor/Edgewater, Inc. Retention area should abate pollution volume
within 72 hours. Section 9.5-57(8)c. Code Enforcement Officer Beverly Johnson reported the
violation was first observed on August 30, 1993 and was to be corrected by September 17, 1994.
Mrs. Johnson indicated that Edgewater Landing began removing some of the silt that was
interfering with pollution abatement, but after reinspection on October 15, 1993, found that the
area abutting 202 Schooner Avenue had not been corrected. Photographs were presented to the
Board for review. Mrs. Johnson reported that after documenting the dates of measurable rainfall,
reinspections of the area by the City Engineer, Engineering Technician and herself, found that
the retention area was still holding water. Mrs. Johnson then recommended that the Violator be
given until October 1, 1994 to correct the violation or a fine of one hundred dollars ($100) per
day be imposed and that the City Engineer be the official who shall determine compliance.
Martel Berg, 138 Hibiscus Drive, Edgewater, Florida, developing partner for Edgewater Landing,
stated the retention area services 12 acres of commercial property along US 1 and about 2,200
feet of the media of US 1. Mr. Berg stated that after becoming aware of the pollution abatement
problem, Edgewater Landing spent about $4,000 to removed about 1,500 cubic yards of silt from
the bottom of the area sometime around the end of 1993. Mr. Berg felt they made a full faith
effort to resolve the problem. Mr. Berg also stated that if the retention area is not functioning
properly, they will assume their obligations and correct the violation.
'wf
Citizen t..de Enforcement Board
Minutes - September 15, 1994
Page -3-
Continued Business:
Richard Martinez, 317 Schooner Avenue, Edgewater, Florida, Chairman, Engineering Transition
Committee for the Edgewater Landing Homeowners Association, stated that the common area
now in violation will be turned over to the homeowners within about one year. Mr. Martinez
stated that the homeowners' concern is over future liability if this problem is not corrected before
turnover.
Discussion followed on the dates of rain fall, accumulation and retention of rain.
Discussion also followed on the pipe coming from a storm drain on US 1 which was extended
by Radnor and empties onto the area between the commercial property and the common area of
Edgewater Landing.
Francisco Gonzalez, 202 Schooner Avenue, Edgewater, Florida, stated that improper fill material
was used in the retention area when the silt was removed in October 1993. Mr. Gonzalez said
that the water remains constantly, causing the problem of snakes, rats and mosquitoes. Mr.
Gonzalez presented photographs to the Board for review. He said when he bought his home in
1991, he was informed that the ditch was going to be dry and not hold water.
Mr. Berg reiterated that they made a good faith effort to correct the problem and spent the money
to replace the silt, which did not seem to totally correct it. Mr. Berg stated they would do
whatever it takes to correct the situation.
Mr. Cowan, after hearing testimony presented and the recommendation of Staff, moved in
reference to Case Number 93-CE-0589 that a violation of Section 9.5-57(8)c 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 violations,
and any previous violations committed by the violator, moved the violator be given until October
15, 1994 to correct the violation, with an over-supervision by the City Engineer of the City of
Edgewater to determine whether this correction has been made, and that a fine of $50.00 be
imposed for each day the violation continues past that date, seconded by Mrs. Bomer. Motion
CARRIED 4-0.
NEW BUSINESS:
Case #94-CE-0172 - James R. & Celina O. Mitchell. Metal, carpet, tarps, books, oil cans,
fencing and other items discarded on property. Section 717.03. Code Enforcement Officer
Beverly Kinney-Johnson reported the violation was first observed on June 30, 1994 and was to
be corrected by July 12, 1994. Upon inspection of the property on July 12, 1994, Mrs. Johnson
found no corrective action had taken place. A notice of violation was issued on July 20, 1994
and was to be corrected by July 30,1994. Upon reinspection of the property on August 1, 1994,
Mrs. Johnson found little corrective action had taken place. Photographs were presented to the
Board for review. Upon inspection of the property on September 15,1994, Mrs. Johnson found
that no further corrective action had taken place and recommended that the Violator be given
until October 1, 1994 to correct the violation or a fine of thirty dollars ($30.00) per day be
imposed.
'-'
Citizen ~e Enforcement Board
Minutes - September 15, 1994
Page -4-
New Business:
Mrs. Bomer, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 94-CE-0172 that a violation of Section 717.03 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, further moved that the violator be given
until September 19, 1994 to correct the violation and that a fine of $50.00 be imposed for each
day the violation continues past that date. The date to correct the violation was amended to
October 3, 1994, seconded by Mrs. Strong with the corrected date. Motion CARRIED 4-0.
Case #94-CE-0179 - Michael Ricigliano dba M&M Irrigation. Failure to register with the
City of Edgewater. Section 7-352. Failure to provide proof of worker's compensation insurance
or exemption affidavit and liability insurance. Section 7-353(d)(2). Code Enforcement Officer
Beverly Kinney-Johnson reported the violation was first observed on July 22, 1994, after
receiving a complaint from Frank Hoffmeister regarding the installation of an irrigation system
not done to his satisfaction via the Building Official. Mrs. Johnson stated the City's permit for
this job was approved for a licensed contractor, but Michael Ricigliano, who is only licensed to
do irrigation repair and replacement of sprinkler heads, did the work. Mrs. Johnson said Mr.
Hoffmeister has also filed a complaint with the Department of Professional regulation. Mrs.
Johnson then recommended that the Violator be found to have been in violation of Section 7-352
and 7-353(d)(2) and ordered to refrain from future violations or risk enforcement action as a
repeat violator.
Mrs. Strong, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 94-CE-0179 that a violation of Sections 7-352 and 7-353(d)(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, moved that the violator be given
a warning immediately to correct the violation and a fine of $500 per day if he repeats a
violation, seconded by Mr. Cowan. Mrs. Strong corrected the language to read "up to $500 per
day", seconded by Mr. Cowan. Motion CARRIED 4-0.
DISCUSSION ITEMS:
Frank Wagner, 700 Starboard Avenue, Edgewater, Florida, asked if there were any codes in
reference to a "muck lot". He and said his home is below the retention area in violation and is
also having problems.
Krista A. Storey, City Attorney, advised Mr. Wagner to talk to staff members after the meeting
because if this problem were to come before the Board as a code enforcement matter, the Board
would not be able to hear it.
CODE ENFORCEMENT COMMENTS:
None at this time.
,-
."
Citizen ~e Enforcement Board
Minutes - September 15, 1994
Page -5-
ADJOURNMENT:
There being no further business to come before the Board, a motion was made and accepted to
adjourn. The meeting adjourned at 8:13 p.m.
Minutes respectfully submitted by:
Elizabeth 1. McBride, Recording Secretary
Citizen Code Enforcement Board