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05-18-1995 , ~0:- ~Jo-CJ f...~'"t <"\ ~ \ 'w' .... CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES THURSDAY, MAY 18,1995 COMMUNITY CENTER 7:00 p.M. CALL TO ORDER: Acting Chairman George Cowan called to order the regular meeting of the Citizen Code Enforcement Board at 7:07 p.m., Thursday, May 18, 1995. ROLL CALL: Members present were Acting Chairman Cowan, Mr. Roberts, Mrs. Strong, and Mr. Lange. 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. Mrs. Bomer, Chairman Schmidt, and Mrs. Planson were recorded absent. APPROVAL OF MINUTES: Mrs. Strong moved to accept the minutes of April 20, 1995, seconded by Mr. Roberts. Motion CARRIED 4-0. SWEARING IN OF WITNESSES: Acting 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; David Beck, Tindell, Beck & Davis, 406 N. Wild Olive Avenue, Daytona Beach, FL; Perry Barrett, 3001 India Palm Drive, Edgewater, Florida; and Donald Sanders, 2226 Woodland Drive, Edgewater, Florida, were sworn in at this time. Terri Gillis, 150 Oak Ridge Avenue, Apt. A, Edgewater, Florida was sworn in at the start of case #95-CE-0068. CASES IN COMPLIANCE/CONTINUED/WITHDRA WN: None at this time. UNFINISHED BUSINESS: Case # 93-CE-0475 - Associates of Meadow Lake, Inc. c/o Perry Barrett. David B. Beck, Attorney, representing Perry Barrett, introduced himself and stated they were seeking the current fine be waived. He stated that around August and September 1993, Mr. Barrett had building blocks on Lot 72 of the Meadow Lake Subdivision. Mr. Beck also stated, a building permit had been issued for this lot. Mr. Beck said it is a common practice for builders who are developing a subdivision to store building materials on various lots within the subdivision. He said Mr. Barrett had photographs of others sites which had building materials stored on them, which no violations had been issued for them. '-' ....., Unfinished Business: Citizen Code Enforcement Board Minutes - May 18, 1995 Page -2- Mr. Beck stated, Mr. Barrett did remove the building blocks within 45 to 60 days of the Board's Order, but did not notify the City. He said a $7,400 fine for a small stack of concrete blocks appears to be an unfair fine and asked that the fine be waived. Code Enforcement Officer Beverly Kinney-Johnson read a memorandum addressed to the Board dated April 17, 1995. She reviewed the past history of the case. She said the Board's order stated the Violator must abate the violation by removing all building material from the property (lot 72) or by securing a building permit by September 1, 1993, or a fine of $30.00 per day would be imposed for each day the violation continued past that date. Mrs. Johnson said Code Enforcement became aware of possible compliance after receiving a letter from Mr. Barrett, dated April 22, 1994, asking the amount of the lien on lot 72, which totaled $6,930. Mrs. Johnson then recommended the fine of$6,930.00 not be reduced. Mr. Roberts asked Mr. Barrett why it took so long to abate the violation after receiving the notice. Mr. Barrett reiterated Mr. Beck's statement about it being common practice to store materials on various lots while building within a subdivision. He also mentioned photographs he had of other builders who had items stored on vacant lots, and said code enforcement should be enforced upon everyone. Mr. Barrett stated "there was a permit in to be pulled" for lot 72, but the customer cancelled his contract. He said it defies logic that the City wants over $7,000 for maybe 25-50 blocks sitting on a lot. Since Mr. Beck's request was for a reduction of fine, Mr. Lange asked him for an amount. Mr. Beck said a minimum would be $100.00, but asked the fine be waived. Mr. Beck then addressed the Board, and said Mr. Barrett would like to present the photographs of other violation sites. Mrs. Strong inteIjected that the photographs had nothing to do with the case being discussed. Mrs. Strong, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 93-CE-0475 that the fine shall not be reduced, and stay at $6,930 for the following reasons: because this has been on going, a suite had been filed against the City, and the City needed to recoup its costs. There being no second, Motion FAILED. Mr. Robert, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 93-CE-0475 that the fine shall be reduced to $5,000, seconded by Mrs. Strong. Motion CARRIED 3-1. Mrs. Strong voted no. Case #94-CE-0305 - George A. & Leona M. Mason. Donald Sanders, 2226 Oak Ridge Drive, Edgewater, Florida, stated he took possession of the property May 4, 1995. He explained how the property came into foreclosure. Mr. Sanders said he applied for a permit to connect to the City sewer system on May 8, 1995, and called for a lateral location on May 9, 1995. He realized the City had incurred expenses, and hoped the Board would be fair in imposing the fine amount. 'W' ,...., Unfinished Business: Citizen Code Enforcement Board Minutes - May 18, 1995 Page -3- Code Enforcement Officer Beverly Kinney-Johnson read a memorandum addressed to the Board dated May 12, 1995. She reviewed the case which was heard by the Board on February 15, 1995. Mrs. Johnson reminded the Board they granted the Violators until March 1, 1995 to connect to the City sewer system or a fine of $100.00 per day would be imposed. To date, the fine totaled approximately $7,900 she said. Because the new property owner is making arrangements to connect to the sewer system, Mrs. Johnson recommended the fine be reduced to $112.00 to cover the costs incurred by the City, contingent upon the sewer connection being made by June 18, 1995. Mr. Roberts, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 94-CE-0305 that the fine shall be reduced to $112.00 and hook-up to the City sewer system by June 18, 1995, seconded by Mrs. Strong. Motion CARRIED 4-0. NEW BUSINESS: Case# 95-CE-0039 - George Simcox. Furniture, boxes, and numerous items on porch. Section 717.03. Acting Code Enforcement Officer Charlane Runge first observed the violation on March 2, 1995, and was to be corrected by March 12, 1995. Code Enforcement Beverly Kinney-Johnson inspected the property on March 16, 1995, and found no corrective action had been taken. Since George Simcox is an elderly gentleman, his son Richard Simcox was sent copies of all correspondence in hope he would assist his father in abating the violation. Photographs were presented to the Board for review. Mrs. Johnson reinspected the property May 18, 1995, and observed many of the items had been removed. Since many items still remained on the property, Mrs. Johnson recommended the Violator be given until June 4, 1995 to correct the violation or a fine of$30.00 per day be imposed. Mr. Lange, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 95-CE-0039 that a violation of Section 717.03 of the Edgewater Zoning Ordinance does exist and the alleged violator 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 June 10, 1995 to correct the violation and that a fine of $20.00 per day be imposed for each day the violation continues past that date. There being no second, Motion FAILED. Mrs. Strong moved to agree with staff's recommendation, to abate the violation by June 4, 1995, and a fine of$30.00 per day be imposed. There being no second, Motion FAILED. Mr. Roberts, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 95-CE-0039 that a violation of Section 717.03 of the Edgewater Zoning Ordinance does exist and the alleged violator 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 June 4, 1995 to correct the violation and that a fine of $10.00 per day be imposed for each day the violation continues past that date, seconded by Mr. Lange. Motion CARRIED 4-0. ~ ...... New Business: Citizen Code Enforcement Board Minutes - May 18, 1995 Page -4- Case #95-CE-0059 - Dennis & Judy Zemko. Inoperable boat trailer with no tag on property. Section 10-64. Acting Code Enforcement Officer Charlane Runge first observed the violation on April 12, 1995, and was to be corrected by April 28, 1995. Upon reinspection on April 28, 1995, Ms. Runge observed no corrective action had been taken. Code Enforcement Officer Beverly Kinney-Johnson inspected the property May 18, 1995, and noted a current tag had been placed on the trailer, but the trailer still remained inoperable. Photographs were presented to the Board for review. Mrs. Johnson concluded by recommending the Violator be given until June 1, 1995 to correct the violation or a fine of$30.00 per day be imposed. Mr. Lange, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 95-CE-0059 that a violation of Section 10-64 of the Edgewater Code of Ordinances does exist and the alleged violator 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 June 1, 1995 to correct the violation and that a fine of $30.00 per day be imposed for each day the violation continues past that date, seconded by Mrs. Strong. Motion CARRIED 4-0. Case #95-CE-0068 - David Bowering. Uncontained trash on front property. Section 717.03. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed on March 23, 1995, at which time property manager Dorothy Coleman's office was contacted. Acting Code Enforcement Officer Charlane Runge inspected the property on April 21, 1995, and found no corrective action had been taken. A Notice of Violation was issued April 24, 1995, setting April 29, 1995 as the date for compliance. Ms. Runge reinspected the property on May 2, 1995, and observed two chairs and bagged garbage in the right-of-way. On May 10, 1995, Mrs. Johnson inspected the property and noted carpet, padding, and a carpet roll at the right-of-way. Mrs. Johnson reinspected the property on May 17, 1995, and found no violation existed. Photographs were presented to the Board for review. Since this property had been the subject of code enforcement action sixteen (16) times since September 1991, Mrs. Johnson felt it important for the Board to hear this case. Mrs. Johnson reported the tenant of the property, Terri Gillis, came into the office and completed an affidavit stating trash was being thrown in her back yard, which was new information, not the front yard. Because of the continual problem of uncontained trash on the property, Mrs. Johnson recommended the Violator to be found to have been in violation and ordered to refrain from future violations or risk enforcement action as a repeat violator. Terri Gillis, 150 Oak Ridge Drive, Apt A, Edgewater, Florida, said carpet in the trash pile is why she was brought before the Board. She stated the Code Enforcement Officer said if the carpet was in the right-of-way for pick-up it was all right. Mr. Lange asked if the property was multi-family. Mrs. Johnson explained it is a five unit apartment complex, and the garbage and recycle bins are picked up at the right-of-way in front of Unit A. She also said there is not a dumpster or assigned garbage containers. Discussion followed on the problem with the uncontained trash. '-" ....., New Business: Citizen Code Enforcement Board Minutes - May 18,1995 Page -5- Mrs. Strong, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 95-CE-0068 that a violation of Section 717.03 of the Edgewater Zoning Ordinance did occur and the alleged Violator committed the violation. The Violator is hereby ordered to refrain from future violations. Failure to keep the property in compliance may result in enforcement action as a repeat violation, in which case a fine of up to $500.00 per day may be imposed from the date the repeat violation is found to have occurred by the Code Enforcement Officer, seconded by Mr. Roberts. Motion CARRIED 3-1. Mr. Lange voted no. 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 8:23 p.m. Minutes respectfully submitted by: Elizabeth 1. McBride, Board Coordinator Citizen Code Enforcement Board c:\ceblminutes\051895