04-20-1995
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING MINUTES
THURSDAY, APRIL 20, 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 7:02 p.m., Thursday, April 20, 1995.
ROLL CALL:
Members present were Chairman Schmidt, Mr. Roberts, Mrs. Borner, Mrs. Strong, and Mrs.
Planson. Mr. Lange arrived at 7:05 p.m. Also present were Beverly Kinney-Johnson, Code
Enforcement Officer; Krista A. Storey, City Attorney; Mark P. Karet, Director of Community
Development; and Liz McBride, Board Coordinator. Mr. Cowan was recorded absent.
APPROVAL OF MINUTES:
Mrs. Strong moved to accept the minutes of February 16, 1995, seconded by Mrs. Borner.
Motion CARRIED 3-2. Mr. Roberts and Mrs. Planson abstained, as they were not at the
February 16, 1995 meeting. Mr. Lange arrived after the 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 was sworn in at this time. Barry N. Brumer, Attorney at Law, 101 E. Yelkca Terrace,
Edgewater, Florida, representing Karl and Donna Sachse, dba Karl's Kar Kare, was sworn in
before Case No. 94-CE-0226 was heard.
CASES IN COMPLIANCE/CONTINUEDIWITHDRA WN:
* 94-CE-0311, Kim & Kathy Sorento, In Compliance
* 95-CE-0004, Dawn Schmalenberger, Withdrawn
UNFINISHED BUSINESS:
Case #92-CE-040UA) - Ponderosa Homes/Perry Barrett. Krista A Storey, City Attorney,
asked the Board to acknowledge receipt of payment in the amount of$436.50, which resulted due
to the closing of a parcel. 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. Borner.
Motion CARRIED 6-0.
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Citizen Code Enforcement Board
Minutes - April 20, 1995
Page -2-
Unfinished Business:
Case # 93-CE-0475 - Associates of Meadow Lake, Inc. c/o Perry Barrett. Krista A. Storey,
City Attorney, referred to a letter addressed to her dated April 14, 1995, from Attorney David B.
Beck, who will be representing Mr. Barrett. She said Mr. Beck requested the case be continued
until the Board's next meeting due to a scheduling conflict.
Mr. Roberts moved to continue the case until the next meeting, seconded by Mrs. Strong.
Motion CARRIED 6-0.
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Case # 94-CE-0226 - Karl & Donna Sachse dba Karl's Kar Kare. Barry N. Brumer,
Attorney, 101 Yelkca Terrace, Edgewater, Florida, representing the Violators, was sworn in at
this time. Mr. Brumer recapped information presented to the Board at the February 16, 1995
meeting, which ended due to lack of a quorum. Mr. Brumer then read a letter from Code Board
member Jeff Lange, which explained his observations after several inspections of the business
location. Mr. Brumsr again stated, Mr. Sachse attempted to come into compliance the day after
the October 20, 1991 meeting, at which he was found in violation. He also said again, no spray
painting was done after this time, and felt the fine of $7,200.00 was excessive. Mr. Brumer then
asked for a reduction of the fine.
Mrs. Planson informed Mr. Brumer, that Mr. Sachse was brought to the Board in April 1994, on
the same charges. She said Mr. Sachse knew at that time he needed a spray booth if he was to
continue painting.
Code Enforcement Officer Beverly Kinney-Johnson read a memorandum addressed to the Board
dated April 16, 1995. She reviewed previous testimony given by herself to the Board at the June
23, 1994 meeting, concerning spray painting at the business (reference Case #94-CE-0117). Mrs.
Johnson then referred to a chronological list of events, starting from the initial complaint on April
26, 1994, from Fire\Rescue Chief Bill Vola, to the compliance date of January 13, 1995. On
February 9, 1995, Attorney Barry Brumer requested reduction of the $7,200.00. At his request,
Mrs. Johnson said the cost incurred by the City on the two cases was determined to be $1,944.00.
Due to the facts presented to the Board at two previous Code Enforcement Board hearings, the
affidavit and testimony presented at the October 20, 1994 meeting by Myron Hammond, and the
information the Board had received at the current meeting, Mrs. Johnson recommended the
$7,200.00 fine should not be reduced.
Mr. Brumer felt a maximum fine of $500.00 would be appropriate. Discussion followed on the
amount of cost to the City, which was previously stated, and how it was determined.
Mrs. Bomer after hearing the testimony presented and the recommendation of staff, moved in
reference to Case Number 94-CE-0226 that the fine shall not be reduced because of the time 1.1 "
taken to come into compliance, from April 1994 until it was started, OctoberlNovember 199J;\ V>-
seconded by Mrs. Planson. Motion CARRIED 3-2. Mr. Roberts and Chairman Schmidt voted ~
no. Mr. Lange abstained due to his involvement in the case.
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Citizen Code Enforcement Board
Minutes - April 20, 1995
Page -3-
NEW BUSINESS:
Case # 95-CE-0006 - Martin Wrigley. Fence (lattice work) placed on property with no permit.
Sections lO5.l(a) & (e) adopted by Section 7-21. Fence over four feet in height in front setback
area. Section 706.00(c). Code Enforcement Officer Beverly Kinney-Johnson reported the
violation was first observed on December 27, 1994, and was to be corrected by January 17, 1995.
Upon reinspection on January 17, 1995, February 2, 1995, February 16, 1995, and April 20,
1995, Mrs. Johnson observed no corrective action had been taken. Mrs. Johnson referred to a
letter from Mr. Wrigley, in which he stated the "plant support" was not a fence. Photographs
were presented to the Board for review. Mrs. Johnson concluded in recommending the Violator
be given until May 1, 1995, to correct the violation or a fine of$30.00 per day be imposed.
Much discussion followed on the definition of a fence.
Mr. Roberts moved to remove this case for lack of a definition, that there is no violation,
seconded by Mrs. Bomer. Motion FAILED 4-2. Chairman Schmidt, Mrs. Strong, Mrs. Planson,
and Mr. Lange voted no.
Mrs. Planson after hearing the testimony presented and the recommendation of staff, moved in
reference to Case Number 95-CE-0006 that a violation of Sections lO5.(a) & (e) and 7-21 of the
Edgewater Code of Ordinances and Section 706.00(c) of the Edgewater Zoning Ordinance does
exist and the alleged violator has committed the violation. After considering the gravity of the
violation, and any previous violations committed by the violator, further moved that the violator
be given until May 15, 1995, to correct the violation and that a fine of$25.00 be imposed for each
day the violation continues past that date, seconded by Mr. Lange. Motion CARRIED 4-2. Mr.
Roberts and Mrs. Bomer voted no.
Case # 95-CE-0041 - Fleet Finance and Mortgage, Inc. Grass/weeds in excess of one foot on
property. Code Enforcement Officer Beverly Kinney-Johnson reported she first observed the
violation on March 16, 1994, and since the property had been the subject of code enforcement
action on numerous occasions, issued a notice of violation hearing. Upon reinspection of the
property April 20, 1995, Mrs. Johnson observed no corrective action had been taken.
Photographs were presented to the Board for review. Mrs. Johnson said the City was contacted
by Fleet Finance asking who the previous property owner was, and were referred to the V olusia
County Property Appraiser's office. She said over past several years, the property had been
foreclosed on. She said each time there had been a complaint about grass and weeds, the
responsible parties never responded. She also said, the City had abated each violation and placed
liens on the property to cover the costs. Mrs. Johnson then recommended the Violator be given
until May 1, 1995, to correct the violation or a fine of $50.00 per day be imposed. She also
recommended if the violation had not been abated by May 15, 1995, the City would abate the
violation and place a lien on the property, and will be treated as a repeat violator in the future,
with a fine of up to $500.00 per day being imposed.
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Citizen Code Enforcement Board
Minutes - April 20, 1995
Page -4-
New Business:
Mrs. Bomer after hearing the testimony presented and the recommendation of staff, moved in
reference to Case Number 95-CE-0041 that a violation of Section 10-91 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 May
1, 1995, to correct the violation and that a fine of $50.00 be imposed for each day the violation
continues past that date, if not done by May 15, 1995, the City will cut the lot and place a lien on
the property to cover cost, and in the future will treated as a repeat violator, seconded by Mr.
Roberts. Motion CARRIED 6-0.
DISCUSSION ITEMS:
Chairman Schmidt reminded the Board, if they are not able to attend the meetings, please notifY
the Board secretary so there are no last minute meeting cancellations.
Chairman Schmidt informed Mr. Roberts and Mr. Lange their terms on the Board will expire on
May 18, 1995, and asked them to submit a letter for reappointment or resignation to the Board
secretary before that date.
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: 17 p.m.
Minutes respectfully submitted by:
Elizabeth 1. McBride, Board Coordinator
Citizen Code Enforcement Board
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