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07-20-1995 ~ ...., CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES THURSDAY, JULY 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 7:00 p.m., Thursday, July 20, 1995. ROLL CALL: Members present were Chairman Schmidt, Mr. Cowan, Mr. Roberts, Mrs. Bomer, Mrs. Strong, and Mr. Fowler. Also present were Beverly Kinney-Johnson, Code Enforcement Officer; Krista A. Storey, City Attorney; and Liz McBride, Board Coordinator. Mrs. Planson was recorded absent. APPROVAL OF MINUTES: Mr. Roberts moved to accept the minutes of June 15, 1995, seconded by Mrs. Bomer. Motion CARRIED 6-0. 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 and Jay Michael McKay, 1717 S. Riverside Drive, Edgewater, Florida, were sworn in at this time. Scott Beiderman, 313 Dimmick Drive, New Smyrna Beach, Florida, was sworn in at the conclusion of New Business, after the Board agreed to hear his statement. CASES IN COMPLIANCE/CONTINUED/WITHDRA WN: * 95-CE-OI04, William & Christine Fisher, In Compliance * 95-CE-0 1 08, William & Christine Fisher, In Compliance * 95-CE-0123, Anthony P. Tocco, In Compliance UNFINISHED BUSINESS: None at this time "... .....", Citizen Code Enforcement Board Minutes - July 20,1995 Page -2- NEW BUSINESS: Case #95-CE-0072 - Scott Biederman dba Southern Coatings. Broken compressor, uncontained trash, improperly stored drums, hydraulic lines on property. Section 717.03. Code Enforcement Officer Beverly Kinney-Johnson first observed the violations on April 3, 1995, and were to be corrected by May 11, 1995. Upon inspection of the property on May 11, 1995, Mrs. Johnson observed two truck beds and uncontained trash had been removed, but a broken compressor and pick-up camper remained on the property. She said the property and City Hall were posted with a Notice of Violation Hearing since the notice to Mr. Biederman was returned to the City marked unclaimed. On June 16, 1995, Mrs. Johnson said Fire/Rescue Chief Bill Vola requested she accompany him on an inspection of the property. She said they observed many discarded metal drums which had contained hazardous materials, hydraulic fluid leaking from cut hydraulic lines, insulation materials, boxes, and other discarded items on the property. Because of the environmental hazards, Mrs. Johnson said Chief Vola referred the leaking chemicals to Volusia County Environmental Management. Upon reinspection on July 20, 1995, Mrs. Johnson observed the broken compressor, numerous metal drums, a dumpster overflowing with insulation material, and debris on the ground. Pictures were presented to the Board for review. Mrs. Johnson said the property owner, Robert Richards, and Mr. and Mrs. Biederman, tenants, have stayed in contact with her. The Biedermans said they hoped to abate the violations prior to the hearing. Mrs. Johnson concluded by recommending the Violator be given until August 1, 1995 to correct the violation or a fine of$30.00 per day be imposed. Mr. Roberts, after hearing the testimony presented and the recommendation of staff, moved in reference to Case #95-CE-0072 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 August 1, 1995 to correct the violation and that a fine of$50.00 be imposed for each day the violation continues past that date, seconded by Mr. Cowan. Motion FAILED 4-2. Mrs. Borner, Mr. Schmidt, Mrs. Strong and Mr. Fowler voted no. Mrs. Strong, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case #95-CE-0072 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 August 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 Mr. Fowler. Motion CARRIED 6-0. Case #95-CE-0082(A) - Jay Michael McKay. Maroon and blue corvettes and a trailer with no tags on property. Code Enforcement Officer Beverly Kinney-Johnson reported that after receiving numerous complaints about a moving van, cars and truck, Acting Code Enforcement Officer Charlane Runge first inspected the property on April 20, 1995, and noted a truck over 1 ton rated capacity. Ms. Runge issued a 3-day courtesy notice on April 28, 1995, to remove the truck. Mrs. Johnson said '-" ....., Citizen Code Enforcement Board Minutes - July 20, 1995 Page -3- Officer Blazi, Edgewater Police Department, issued a 24-hour courtesy notice to remove the truck on May 12, 1995, and it was eventually removed. On May 12, 1995, Ms. Johnson said a notice of violation for the corvettes and a trailer with no tags was issued. She said Mr. McKay had come to the office several times indicating the trailer would be removed soon, and assuring her the untagged vehicles would be put in the garage. Mrs. Johnson relayed, from a memo written by Robin Wolf, City Attorney's Office, a conversation pertaining to Mr. McKay's visit to the City Attorney's office. It was indicated in that memo, Mr. McKay said he had 2,200 boxes currently in his garage which is why the vehicles could not be placed in it. He also stated he was not going to get tags for the vehicles since it would cost him $2,200 per vehicle. Mrs. Johnson then recommended that the violator be given until August 15, 1995 to correct the violation or a fine of$30.00 per day be imposed. Jay Michael McKay, 1717 S. Riverside Drive, Edgewater, Florida, made reference to the moving van and said he emptied it as soon as he could. He stated the boxes from the van were put in the garage, which is why there is no room for the corvettes. Mr. McKay presented pictures to the Board of the property for review. Mr. McKay stated he does intend to put the vehicles in the garage as soon as possible, and intends to cooperate with the Board. Mr. Cowan asked Mr. McKay how long it would take him to unpack the boxes. Mr. McKay replied he could accomplish it by year end. He said he was putting as much time as possible into it. Mrs. Bomer felt seven months more was too long a period of time Mr. McKay mentioned covering the vehicles as a solution. Krista Storey, City Attorney, asked Mrs. Johnson how covering the vehicles would help solve the violation. Mr. McKay then referred to cases in Florida Shores, where the residences who did not have garages covered their vehicles. Mrs. Johnson said covering the vehicles would only be a temporary solution, and if there were additional complaints, code enforcement action would be pursued. Discussion followed on how the garages were approved in the first place, and the property usage. Mr. Roberts then asked, just because someone has a licensed storage area, why are they allow to store ')unk vehicles". He said junk cars, junk boats, and junk everywhere is just as much as an eye sore in a licensed storage area as it is in someone's yard. He then asked for a legal explanation. Ms. Storey referred to Section 10-64 and 10-66 of the Edgewater Code of Ordinances, and said the Board had been confronted with this problem before. She said she will be drafting a change to this section and bring it before the Council. Discussion followed on what is "legally stored junk". Ms. Storey recommended that the Board continue this issue until its next meeting. She said the proposed ordinances will to the Council on August 7, 1995, and a report could be provided by the Code Board meeting on August 17, 1995. Mr. Roberts moved to table the issue until the next meeting, seconded by Mr. Fowler. Motion CARRIED 6-0. '-' """'" Citizen Code Enforcement Board Minutes - July 20,1995 Page -4- Case #95-CE-0087 - Danny & Mary Webb. Unsecured structure, uncontined trash, building materials, tires, motor vehicle parts and other items on property. Code Enforcement Officer Beverly Kinney-Johnson first observed the violation on May 10, 1995, and was to be corrected by May 25, 1995. She inspected the property on May 30, 1995, and found no corrective action had been taken. Mrs. Johnson said the Building Division informed her the electricity and water had been turned off, and that no one was living in the dwelling. Because the notice of violation was returned by the Post Office, Mrs. Johnson said a notice of violation hearing was posted on the property and at City Hall. Upon seeing the posted notice, Mr. Webb contacted Mrs. Johnson. She stated he had been very cooperative during the clean up. On July 17, 1995, Mrs. Johnson inspected the property and observed the structure had been almost completely secured and the debris was being removed. Photographs were presented to the Board for review. Upon reinspection of the property on July 20, 1995, Mrs. Johnson observed the structure had been secured, bad sections of the fence had either been repaired or removed, and almost all the debris had been removed, and recommended the Violator be given until August 1, 1995 to correct the violation or a fine of $30.00 per day be imposed. Mr. Cowan, after hearing the testimony presented and the recommendation of staff, moved in reference to Case #95-CE-0087 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 August 1, 1995 to correct the violation and that a fine of$30.00 be imposed for each day the violation continues past that date, seconded by Mr. Roberts. Motion CARRIED 6-0. Case #95-CE-OI03 - Flagler Development Corporation c/o William Hoffman. Yard waste, furniture, and other items on property. Code Enforcement Officer Beverly Kinney-Johnson first observed the violation on May 24, 1995, and was to be corrected by June 22, 1995. Upon inspection of the property on June 26, 1995, she found the yard waste and furniture had been removed, and said the uncontained trash was a constant complaint. Mrs. Johnson informed the Board that property owner William Hoffinan stopped by our office on July 6, 1995 to inform us of his correct mailing address. Also on July 6, 1995, property manager Ed Wilkins contacted the office and stated everything had been taken care of Photographs were presented to the Board for review. Upon reinspection of the property on July 20, 1995, Mrs. Johnson observed a small amount of un contained trash in the dumpster area and recommended the Violator be given until August 1, 1995 to correct the violation or a fine of$30.00 per day be imposed. She also recommended that the Violator be put on notice that a reoccurrence of this violation would constitute a repeat violation with a fine of up to $500.00 per day. Mrs. Bomer, after hearing the testimony present and the recommendation of staff, moved in reference to Case #95-CE-0 1 03 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. Future violations 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 --- ...." Citizen Code Enforcement Board Minutes - July 20, 1995 Page -5- to have occurred by the Code Enforcement Officer. Mrs. Bomer further moved the Violator be given until August 1, 1995 to correct the violation or a fine of$50.00 a day be imposed for each day the violation continues past that date, seconded by Mrs. Strong. Motion CARRIED 6-0. Case # 95-CE-0118 - Elwood B. & Frances Sides, Jr. Abandoned, inoperable vehicles with no tags on property, a metal drum and other items discarded on property. Code Enforcement Officer Beverly Kinney-Johnson first observed the violations on June 19, 1995, and were to be corrected by June 30. 1995. She inspected the property on July 3, 1995, and found no corrective action had been taken. Photographs were presented to the Board for review. Upon reinspection of the property on July 20, 1995, Mrs. Johnson observed a truck frame, an untagged truck, a metal drum and other discarded items on the property and recommended the Violator be given until August 1, 1995 to correct the violation or a fine of$30.00 per day be imposed. Mrs. Bomer, after hearing the testimony presented and the recommendation of staff, moved in reference to Case #95-CE-0118 that a violation of Section(s) 10-64 of the Edgewater Code of Ordinances and 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 August 1, 1995 to correct the violation and that a fine of$50.00 be imposed for each day the violation continues past that date, seconded by Mr. Roberts. Motion CARRIED 6-0. DISCUSSION ITEMS: Mr. Biederman, Case #95-CE-00n, arrived after his case was heard, but was permitted to address the Board. He was sworn in at that time. Mr. Biederman said he came to the meeting to find out what he needed to do to rectifY the problem. Mr. Roberts said the biggest concern was the chemicals stored on the property. Mr. Biederman stated no resin remained in the barrels after their usage, that then are pumped dry. He also stated Southern Steel Drums pick up the empty drums when he has between 50 and 100 drums. Mr. Biederman said the County inspected the property and looked at the Material Safety Data Sheets. He indicated the County said the chemicals in the drums in question were a low-level hazardous material. He said they told him how to clean up the area and dispose of the residue. Discussion followed on the residue and general unkept appearance of the property displayed in the photographs previous presented to the Board. Mr. Biederman then viewed the photographs. Krista A. Storey, City Attorney, explained to Mr. Biederman the Board's determination. Code Enforcement Officer Beverly Kinney-Johnson said she would meet with Mr. Biederman at the site to show him exactly what needed to be done to comply. He agreed. CODE ENFORCEMENT COMMENTS: None at this time. ....." .",., Citizen Code Enforcement Board Minutes - July 20, 1995 Page -6- ADJOURNMENT: There being no further business to come before the Board, a motion was made and accepted to adjourn. The meeting adjourned at 8:40 p.m. Minutes respectfully submitted by: Elizabeth J. McBride, Board Coordinator Citizen Code Enforcement Board c:\ceb\minutesI072095