12-15-1994
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THE CITY OF EDGE WATER
POST OFFICE BOX 1 OO-EDGEWATER, FLORIDA 32132-0100
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING MINUTES
THURSDAY, DECEMBER 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, December 15, 1994.
ROLL CALL:
Members present were Chairman Schmidt, Mrs. Bomer, Mrs. Strong, Mrs. Planson, and Mr.
Lange. Also present were Beverly Kinney-Johnson, Code Enforcement Officer; Krista A. Storey,
City Attorney; and Liz McBride, Recording Secretary. Mr. Cowan and Mr. Roberts were
recorded absent.
APPROVAL OF MINUTES:
Mrs. Strong motioned to accept the minutes of November 17, 1994, seconded by Mrs. Bomer.
Motion CARRIED 4-0. Mrs. Planson was absent from the November 17, 1994 meeting,
therefore, she did not vote.
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 and Robert Pepe, 3026 Pine Tree Drive, Edgewater, Florida, were sworn in at this time.
CASES IN COMPLIANCE/WITHDRA WN/CONTINUED:
None at this time.
COMMUNITY DEVELOPMENT-102 NORTH RIVERSIDE DRIVE
(904)-424-2412 FAX-(9Q4)424-2409 SUNCOM 383-2412
BUILDING DIVISION-(904)424-2411
CODE ENFORCEMENT-(904)424-2414
SAFETY DIVISION-(904)424-2414
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Citizen ~e Enforcement Board
Minutes - December 15, 1994
Page -2-
UNFINISHED BUSINESS:
None at this time.
NEW BUSINESS:
Case #94-CE-0248 - Penny Houstoun. Failure to connect to City sewer system. Section 19-31.
Code Enforcement Officer Beverly Kinney-Johnson reported she was notified of the violation by
the Utilities Department and it was to be corrected October 17, 1994. Mrs. Johnson said she was
notified on July 1, 1994, that Ms. Houstoun was to appear before the City Council to request to
have the $150 installation fee waived. At the August 1, 1994 Council meeting, it was determined
Ms. Houstoun should meet with the City Manager for a decision. Mrs. Johnson said that Ms.
Houstoun had not attempted to make an appointment. Upon reinspection of the property on
December 15, 1994, Mrs. Johnson found that no corrective action had taken place and
recommended that the Violator be given until January 4, 1995, to correct the violation or a fine
of fifty dollars ($50.00) per day be imposed.
Mrs. Bomer, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 94-CE-0248, that a violation of Section 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 the violator be given until
January 1, 1995, 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. Strong. Motion CARRIED 4-1. Mr. Lange
voted no.
Case #94-CE-0253 - Robert R. Pepe, Jr. Failure to connect to City sewer system. Section 19-
31. Code Enforcement Officer Beverly Kinney-Johnson reported she was notified of the violation
by the Utilities Department and it was to be corrected October 17, 1994. Mrs. Johnson said there
had been no contact with Mr. Pepe during the course of this case. She said according to the
Utilities Department, the property owner pulled a permit to make the connection, but the
connection never occurred. As of close of business today, December 15, 1994, Mrs. Johnson
found that no corrective action had taken place and recommended that the Violator be given until
January 3, 1995, to correct the violation or a fine of one hundred ($100.00) per day be imposed.
Robert Pepe, Jr., 3026 Pine Tree Drive, Edgewater, Florida, questioned the section of the code
regarding the posting of notices. He then discussed his health and financial problems. Mr. Pepe
maintained he never received notification of the sewer hook-up, but he did know it had to be
done. He said he attempted to do the work himself around February or March 1994, but ran into
problems. Mr. Pepe claimed that after several phone calls advising City Hall of his financial
situation, he was not informed of any assistance programs until it was too late to apply. Mr.
Pepe said he had contacted Tindall Plumbing, and was waiting for an estimate. Mr. Pepe
requested the record show he lost tropical saltwater fish, coral, and sea anemones when a sand-
filled picture fell, and broke open in the tank when the notice was posted to his house.
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Citizen ~e Enforcement Board
Minutes - December 15, 1994
Page -3-
NEW BUSINESS CON'T.:
Discussion followed on a time frame for the hook-up.
Mrs. Planson, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 94-CE-0253, that a violation of Section 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 the violator be given until
January 15, 1995, 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 4-1. Mr. Lange
voted no.
DISCUSSION ITEMS:
Case #92-CE-0668 - Pheobe Pyevac Lumber and Zora Pyevac. Krista A. Storey, City
Attorney, referred to a memorandum dated December 13, 1994, from her to the Board. She
summarized the September 10, 1992 Order Imposing Fine/Lien against Mrs. Lumbert and Ms.
Pyevac, referencing the property located at 206 S. Ridgewood Avenue. She stated upon
compliance, a total fine of $2100.00 had accrued. Ms. Storey mentioned the Board reduced the
fine to $250.00 on August 19, 1993, after reviewing the request from Mrs. Lumbert. On
December 13, 1994, payment of the fine of $250.00 was received, and Ms. Storey recommended
the Code Enforcement Board acknowledge receipt of the payment and authorize the Chairman
to execute the Satisfaction of Lien.
Mrs. Strong moved to acknowledge receipt of payment and authorize the Chairman to execute
the Satisfaction of Lien, seconded by Mrs. Planson. Motion CARRIED 5-0.
Case #94-CE-0095 - Alonzo and Caroline Stokes, Jr. Krista A. Storey, City Attorney,
reviewed the case which pertained to failure to connect to the City sewer system. Ms. Storey
explained when the new property owner attempted hook up, he was informed an outstanding lien
was on the property. She stated due to complicated circumstances, the lien was not picked up
during the title search. Ms. Storey felt there was a potential for settling this case, for the cost
the City had incurred. The total fine now stands at approximately $8000.00. Ms. Storey
informed the Board that Mrs. Johnson would compile the associated costs, and requested the
Board to consider authorizing the fact to move forward, and offer a settlement on this matter for
the amount of the expenses incurred by the City.
Mr. Lange moved, in reference to Case #94-CE-0095, to be considered in compliance, and not
charge the new owners anything. There being no second, motion FAILED.
Ms. Storey emphasized that the settlement would be with the title company, not the new property
owners.
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Citizen ~e Enforcement Board
Minutes - December 15, 1994
Page -4-
DISCUSSION ITEMS CON'T.:
Mrs. Strong moved that the Board get with the title company and offer a settlement to get our
incurred expenses. Seconded by Mrs. Bomer. Motion CARRIED 5-0.
Case #92-CE-0494 - Resolution Trust Corp. c/o Joel Datz. Krista A. Storey, City Attorney,
reported a closing on the property at 211 Dale Street was in process. She said the fine of
$4000.00 had been paid, the property had been cleaned up, and they had been working
cooperatively with us. Ms. Storey reminded the Board they authorized execution of the
Satisfaction of Lien once the case was in compliance, and reported that this had been recorded.
January Meetin!!: Date - Krista A. Storey, City Attorney informed the Board she would be out
of town for the scheduled meeting date of January 19, 1995, and requested an alternate meeting
date. The Board agreed to cancel January's meeting, and scheduled the next meeting date for
February 16, 1995.
CODE ENFORCEMENT COMMENTS:
Since Krista A. Storey, City Attorney, already commented on the Resolution Trust Corp. case,
Mrs. Johnson reiterated that they had been very cooperative.
ADJOURNMENT:
There being no further business to come before the Board, a motion was made and accepted to
adjourn. The meeting adjourned at 7:40 p.m.
Minutes respectfully submitted by:
Elizabeth 1. McBride, Recording Secretary
Citizen Code Enforcement Board
minutes-b:\dec 15.94