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02-16-1995 o ~ ...., CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES THURSDAY, FEBRUARY 16, 1995 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 7:00 p.m., Thursday, February 16, 1995. ROLL CALL: Members present were Chairman Schmidt, Mrs. Bomer, Mrs. Strong, and Mr. Lange. Also present were Beverly Kinney-Johnson, Code Enforcement Officer; Paulette Tubbs, Records Supervisor/Public Information Officer with the Edgewater Police Department; Mark P. Karet, Director of Community Development; Krista A. Storey, City Attorney; and Liz McBride, Recording Secretary. Mr. Cowan, Mr. Roberts, and Mrs. Planson were recorded absent. APPROVAL OF MINUTES: Mrs. Strong moved to accept the minutes of December 15, 1994, seconded by Mrs. Bomer. 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; Ms. Tubbs; Karl Sachse, 2226 Lime Tree Drive, Edgewater, Florida; Barry N. Brumer, Attorney, 101 Yelka Terrace, Edgewater, Florida, representing Mr. Sachse; and Rick Rizinski, 302 Flagler Avenue, Edgewater, Florida, Plant Manager for WACO Manufacturing, Inc. were sworn in at this time. CASES IN COMPLIANCEIWITHDRAWN: Beverly Kinney-Johnson, Code Enforcement Officer, reported the following cases in compliance or withdrawn: · 94-CE-0315 - Donald R. & Linda M. Lewis - In Compliance . 94-CE-0327 - John & Carolyn Kates - In Compliance . 94-CE-0304 - Bennett & Kathleen 1. Cassata - Withdrawn . 94-CE-0314 - George C. & Virginia Smith, Sr. c/o Connie Winchell - Withdrawn . 94-CE-0329 - Richard L. & Carol A. Skeen - Withdrawn ...... Citizen ~de Enforcement Board Minutes - February 16, 1995 Page -2- UNFINISHED BUSINESS: Case #92-CE-0788 - Fred Ramon. Krista A. Storey, City Attorney, asked the Board to acknowledge receipt of payment in the amount of $1,025.00, in reference to the property at 2531 Unity Tree Drive which resulted in the closing of the property. She also requested the Board authorize the Chairman to execute the Satisfaction of Lien. Mrs. Strong moved to authorized the Chairman to satisfy the lien, seconded by Mrs. Bomer. Motion CARRIED 4-0. Case #94-CE-0226 - Karl & Donna Sachse dba Karl's Kar Kare. Barry N. Brumer, Attorney, 101 Yelka Terrace, Edgewater, Florida, representing the Violators, introduced himself to the Board. He made reference to a copy of a memorandum from Mrs. Johnson to the Board, dated February 16, 1994, which was handed to him upon his arrival. Mr. Brumer pointed out only five days passed since the October 20, 1994 Code Board meeting, and the date the permit application was submitted to the Building Division for the installation of the fire system for the paint booth. He also read a letter, which he stated was notarized, to the Board written by Ted Dinsmore of Seifert Associates, Inc. Mr. Dinsmore listed the sequence of events from the order date of October 21, 1994, to the final inspection date of January 9, 1995. Mr. Brumer then referred to the October 20, 1994 violation determination, which gave the abatement date of November 1, 1994 or a $100.00 a day fine. He thought the fine was severe, and said there were two problems which were not Mr. Sachse's fault. Mr. Brumer said the inspection window arrived broken and had to be returned along with a wrong motor. Mr. Brumer said compliance was started in motion right after the October 20, 1994 meeting. He felt the large fine had to do with things beyond Mr. Sachse's control. Mr. Brumer informed the Board of the many visits to Karl's Kar Kare by Board member Mr. Lange to see if painting was being done. Mr. Brumer said he believed nothing was found. Mr. Brumer then stated he felt the fine in this case was excessive. Krista A. Storey, City Attorney, requested Chairman Schmidt call a brief recess so she could speak with one of the Board members. Chairman Schmidt called a recess at 7: 17 p.m. Chairman Schmidt resumed the meeting at 7:20 p.m. Ms. Storey reminded the members that the Code Enforcement Board is a quasijudicial body, and thus, members should not view site violations or have contact with violators. She stated as a result of Mr. Lange's involvement in this case, he should abstain. Since there was not a quorum (only three members being able to vote), Ms. Storey then recommended to continue this matter until the next Board meeting. Mrs. Strong moved to continue this case until the next meeting, seconded by Mrs. Bomer. Motion CARRIED 4-0. ~ ....., Citizen Code Enforcement Board Minutes - February 16, 1995 Page -3- NEW BUSINESS: Case #94-CE-0312 - WACO Manufacturing, Inc. Excessive false alarms declared a public nuisance. Section 12-66(a)&(b). Krista A. Storey, City Attorney, refreshed the Board's memory on what constitutes a false alarm, and read a section of the Ordinance pertaining to false alarms. Paulette Tubbs, Records Supervisor/Public Information Officer for the Edgewater Police Department, reported on June 11, September 21 and September 24, 1994, the Police Department responded to false alarms at this location. Ms. Tubbs said the alarm reports did not indicate any violent weather conditions or extraordinary circumstances existed on the days in question, and recommended the Board uphold the false alarm determination. Rick Rizinski, Plant Manager for WACO Manufacturing, Inc., said the false alarm on September 24, 1995 was a malfunction, and had asked Peter Stanton of the alarm company, to disregard any alarm input coming through the central station and not to contact the Police Department. Mr. Rizinski said he told Peter there was nothing WACO could do at the time. He stated the alarm malfunctioned seventeen (17) times that day. Mr. Rizinski said they did change the alarm system, and check each unit weekly for malfunctions. Mr. Rizinski then presented a printout report from the alarm company to the Board. After much discussion, Mr. Rizinski repeated there was nothing they were able to do to stop the malfunction on the 24th, but did correct the situation promptly. He asked the Board to excuse this one day. Discussion followed on the false alarms and what may have caused the malfunctions. Mrs. Bomer, after hearing the testimony presented and the recommendation of staff, moved in reference to Case #94-CE-0312 that the false alarm determination be overturned because the alarm was the result of violent conditions of nature or other extraordinary circumstances not subject to control by the alarm user, in all six (6) cases, seconded by Mrs. Strong. Motion CARRIED 4-0. Case #94-CE-0303 - Martin Wrigley. Failure to connect to the City's 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 by December 2, 1994. Mrs. Johnson said there had been no contact with Mr. Wrigley during the course of this case. After reinspecting the property February 16, 1995, Mrs. Johnson observed no corrective action had taken place, and recommended the Violator be given until March 1, 1995, to correct the violation or a fine of $100.00 per day be imposed. Mrs. Bomer, after hearing the testimony presented and the recommendation of staff, moved in reference to Case #94-CE-0303 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 the Violator be given until March 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. "-' '<tI/IftII Citizen Code Enforcement Board Minutes - February 16, 1995 Page -4- New Business Con't: Before the vote, Mr. Lange questioned the severity of the violation in regard to the fine recommended. Mrs. Johnson explained the past history of the Board's recommended fine amount was $100.00 if the Violator never contacted the City, and $50.00 if contact had been made. She also said the Board must be consistent. Chairman reiterated there was a motion and a second. Motion CARRIED 4-0. Case #94-CE-0305 - George A. & Leona M. Mason. Failure to connect to the City's 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 by December 2, 1994. Mrs. Johnson said the certified Notice of Violation Hearing was returned unclaimed, therefore, she posted the property and City Hall. Photographs were presented to the Board for review. Mrs. Johnson said there had been no contact with the Masons during the course of this case. After reinspecting the property February 16, 1995, Mrs. Johnson observed no corrective action had taken place, and recommended the Violator be given until March 1, 1995, to correct the violation or a fine of $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-0305 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 March 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. Bomer. Motion CARRIED 4-0. Case #94-CE-0307 - Donald G. & Kristie L. Kehn. Failure to connect to the City's 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 by December 2, 1994. Mrs. Johnson stated Mr. Kehn informed our office that when he purchased the home, the real estate agency did not mention the sewer connection. She also stated when Mr. Kehn inquired about having the $150.00 connection fee waived, he was directed to the City Manager. Mrs. Johnson reported Mr. Kehn obtained a permit to connect to the sewer on February 8, 1995. After reinspecting the property February 16, 1995, Mrs. Johnson observed no corrective action had taken place, and recommended the Violator be given until March 15, 1995, to correct the violation or a fine of $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-0307 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 March 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 FAILED due to a tie. Mr. Schmidt and Mr. Lange voted no. ..,. ...." Citizen Code Enforcement Board Minutes - February 16, 1995 Page -5- New Business Con't: Mr. Lange moved to go along with the recommendation of staff, for the Violator to correct the violation by March 15, 1995 and a fine of$50.00 per day be imposed. Chairman Schmidt passed the gavel to Vice Chairman, Mrs. Bomer, and seconded the motion. Motion FAILED due to a tie. Mrs. Borner and Mrs. Strong voted no. Mr. Lange, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 94-CE-0307 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 March 15, 1995, to correct the violation and that a fine of $75.00 be imposed for each day the violation continues past that date, seconded by Mrs. Borner. Motion CARRIED 4-0. Case #94-CE-0311 - Kim & Kathy L. Sorento. Failure to connect to the City's 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 by December 2, 1994. Mrs. Johnson said the certified Notice of Violation Hearing was returned unclaimed, therefore, she posted the property and City Hall. Mrs. Johnson said when Mr. Sorento called her office on February 7, 1995, inquiring how to obtain a permit to connect to the sewer and who to contact to locate the lateral, he was referred to the Building Division. On February 15, 1995, Bob Dunn of the Building Division went to the residence to do an inspection, but found the connection had been buried. Photographs were presented to the Board for review. After reinspecting the property February 16, 1995, Mrs. Johnson observed no corrective action had taken place, and recommended the Violator be given until March 1, 1995, to correct the violation or a fine of $50.00 per day be imposed. Mrs. Bomer moved to continue Case Number 94-CE-0311 until the March meeting, seconded by Mrs. Strong. Motion CARRIED 4-0. Case #94-CE-0332 - Eugene R. Lamb. Failure to connect to the City's 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 by January 16, 1995. Mrs. Johnson said the certified Notice of Violation Hearing was returned unclaimed, therefore, she posted the property and City Hall. Photographs were presented to the Board for review. On February 3, 1995, Mr. Lamb obtained a permit to connect. After reinspecting the property February 16, 1995, Mrs. Johnson observed no corrective action had taken place, and recommended the Violator be given until March 1, 1995, to correct the violation or a fine of $100.00 per day be imposed. Mrs. Borner, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 94-CE-0332 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 March 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 4-0. ~ .., Citizen Code Enforcement Board Minutes - February 16, 1995 Page -6- Case #94-CE-0339 - Jimmy Owens. Failure to connect to the City's 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 by January 20, 1995. Mrs. Johnson said the certified Notice of Violation Hearing was returned unclaimed, therefore, she posted the property and City Hall. Photographs were presented to the Board for review. After reinspecting the property February 16, 1995, Mrs. Johnson observed no corrective action had taken place, and recommended the Violator be given until March 1, 1995, to correct the violation or a fine of $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-0339 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 March 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. Bomer. Motion CARRIED 4-0. DISCUSSION ITEMS: None at this time. 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 8:43 p.m. Minutes respectfully submitted by: Elizabeth J. McBride, Recording Secretary Citizen Code Enforcement Board