08-17-1995
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING MINUTES
THURSDAY, AUGUST 17, 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, August 17, 1995.
ROLL CALL:
Members present were Chairman Schmidt, Mr. Cowan, Mr. Roberts, Mrs. Bomer, and Mr. Fowler.
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. Strong and Mrs. Planson were recorded absent.
APPROVAL OF MINUTES:
Mr. Roberts moved to accept the minutes of July 20, 1995, seconded by Mr. Fowler. Motion
CARRIED 5-0.
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 Walter Maynard, 1435 County Line Road, Oak Hill, Florida, were sworn in at this time. Barbara
Wayne, 146 Oak Ridge Avenue, Edgewater, Florida, was sworn in at the start of case #95-CE-0129.
CASES IN COMPLIANCE/CONTINUEDIWITHDRA WN:
None at this time
UNFINISHED BUSINESS:
None at this time
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Citizen Code Enforcement Board
Minutes - August 17,1995
Page -2-
Case #95-CE-0112 - W.B. & Glenna L. Maynard. Inoperable untagged vehicles on cottage side
of property, Section 10-64. Furniture, metal, and other items on property, Section 717.03. Code
Enforcement Officer Beverly Kinney-Johnson first observed the violations on May 23, 1995, at which
time a Courtesy Notice was issued giving the correction date of May 24, 1995 for removal of the
remgerator, and June 2, 1995 for the other violations. Mrs. Johnson inspected the property on May
24, 1995, and found the remgerator had been removed. Upon inspection of the property on June 5,
1995, she observed no other corrective action had been taken. Mrs. Johnson said a Notice of
Violation was sent on June 14, 1995, setting June 24, 1995 as date of compliance. Upon inspection
of the property on July 24, 1995, she observed that still no corrective action had been taken. Mrs.
Johnson reinspected the property today, August 17, 1995, and observed the furniture had been
removed but all other items remained. Photographs were presented to the Board for review. Mrs.
Johnson concluded by recommending the Violator be given until September 1, 1995 to correct the
violation or a fine of$30.00 per day be imposed.
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NEW BUSINESS:
Walter Maynard, 1435 County Line Road, Oak Hill, Florida, viewed the photographs that were
presented to the Board. He addressed the items in the photos and explained why they were on the
property. Mr. Maynard then asked "are you moving against me at law or administratively?"
Krista A Storey, City Attorney, said she wasn't sure what the distinction was, and explained that the
Code Enforcement Board is a body created in the Florida Statues and has legal authority to levy civil
fines. She also stated that the Board operates under a quasi judicial manner.
Discussion followed on the proceedings and the notification process. Mr. Maynard quoted sections
from the Florida Statues and the Florida State Constitution in regard to civil and criminal
proceedings. Ms. Storey stated that his comments had no relevance to the case. He said the case was
proceeding under bad faith.
Ms. Storey informed Mr. Maynard that normal procedures had been followed as adopted under
authority of Chapter 162, Florida Statues. She then said the Board must determine ifthere is in fact
a violation, and that Mr. Maynard's arguments should be directed to the Board. She explained that
the Board listens to the Officer's testimony and to his arguments, and then determines if a reasonable
amount of time had been given to come into compliance; and ifnot done, the Board can then establish
a fine.
Mr. Maynard continued to speak, or quote, points of law not applicable to the case. He asked for
dismissal of the case; there was no response. Mr. Maynard presented a bill for damages to the
Chairman.
Mrs. Bomer, after hearing the testimony presented and the recommendation of staff, moved in
reference to Case Number 95-CE-0 112 that a violation of Sections 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 September 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
CARRIED 4-1. Mr. Roberts voted no.
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Citizen Code Enforcement Board
Minutes - August 17, 1995
Page -3-
NEW BUSINESS:
Case #95-CE-OI28 - Margaret Fanara c/o Ravel. Yard waste on property and at right-of-way,
Section 717.03. Code Enforcement Officer Beverly Kinney-Johnson first observed the violation on
June 21, 1995, and was to be corrected by July 1, 1995. Acting Code Enforcement Officer Charlane
Runge inspected the property on July 31, 1995, and found no corrective action had been taken. Since
the property was vacant, Mrs. Johnson posted a Notice of Hearing on the property on July 21, 1995,
and at City Hall on August 1, 1995. Upon reinspection of the property on August 17, 1995, Mrs.
Johnson observed no corrective action have taken place. Photographs were presented to the Board
for review. Mrs. Johnson stated no contact had been initiated by Ms. Fanara, and recommended the
Violator be given until September 1,1995 to correct the violation or a fine of $30.00 per day be
imposed.
Discussion followed in regard to the property being vacant and the City recouping its costs for
abating the violation.
Mr. Roberts, after hearing the testimony presented and the recommendation of staff, moved in
reference to Case Number 95-CE-0 128 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 October 1, 1995
to correct the violation and that a fine of $10.00 be imposed for each day the violation continues past
that date, seconded by Mrs. Bomer. Motion FAILED 3-2. Mr. Cowan, Mr. Schmidt, and Mr.
Fowler voted no.
Chairman Schmidt passed the gavel (chairmanship) to Vice Chairman Cowan, and after hearing the
testimony presented and the recommendation of staff, moved in reference to Case Number 95-CE-
0128 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 Public Works Department of the City of Edge water clean up the yard
trash that is in the right-of-way and enter a bill for the work into the public records so the City can
recover its costs in this matter, seconded by Mr. Fowler. Motion CARRIED 5-0.
Case #95-CE-0129 - David Bowering. Uncontained trash on property, Section 717.03, repeat
violation. On May 18, 1995, the Board found Mr. Bowering in violation of Section 717.03 and
ordered the violator to refrain from future violations. The Board's Order also notified the violator
that failure to maintain his premises in a reasonable clean and orderly manner may result in
enforcement action as a repeat violator under which circumstances the Board may levy a fine not to
exceed $500.00 per day for each day the repeat violation continues, beginning with the date the
repeat violation is found to have occurred by the Code Enforcement Officer. Acting Code
Enforcement Officer Charlane Runge first observed the violation on July 6, 1995. Mrs. Johnson
inspected the property on July 11, 1995, and Ms. Runge met with authorized agent Dorothy Coleman
at the property on July 18, 1995, both times uncontained trash was observed. When Mrs. Johnson
inspected the property on August 4, 1995, it was found to be in compliance. Upon reinspected of
the property on August 10, 1995, Ms. Runge observed uncontained trash.
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Citizen Code Enforcement Board
Minutes - August 17, 1995
Page -4-
NEW BUSINESS:
On August 18, 1995, Mrs. Johnson also reinspected the property and noticed uncontained trash.
Photographs were presented to the board for review. Mrs. Johnson concluded in recommending that
a fine of$50.00 per day be imposed for the dates oOuly 6, 1995 through August 3, 1995, and August
10, 1995 until the violation is abated.
Barbara Wayne, 146 Oak Ridge Avenue, Edgewater, Florida, stated she is constantly cleaning up
trash on her property which comes from 150 Oak Ridge Avenue, and felt the owner should put up
a fence. Mrs. Wayne wanted the Board to know she is tired of picking up the trash.
Mr. Roberts, after hearing the testimony presented and the recommendation of staff, moved in
reference to Case Number 95-CE-0 129 that a violation of Section 717.03 of the Edgewater Zoning
Ordinance had occurred and the alleged Violator has committed the violation. After considering the
gravity of the violation, and the previous violations committed by the Violator, further moved that
a fine of $100.00 per day be imposed from the date the repeat violation found to have occurred by
the Code Enforcement Officer, to take effect August 10, 1995, seconded by Mr. Cowan. Motion
CARRIED 5-0.
DISCUSSION ITEMS:
CODE ENFORCEMENT COMMENTS:
ADJOURNMENT:
There being no further business to come before the Board, a motion was made and accepted to
adjourn. The meeting adjourned at 8:13 p.m.
Minutes respectfully submitted by:
Elizabeth 1. McBride, Board Coordinator
Citizen Code Enforcement Board
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