Loading...
09-21-1995 "-:-J J \ \ ..... -..."" CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES THURSDAY, SEPTEMBER 21,1995 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, September 21, 1995. ROLL CALL: Members present were Chairman Schmidt, Mr. Cowan, Mr. Roberts, Mrs. Borner, Mrs. Strong, Mrs. Plans on, and Mr. Fowler. Also present were Beverly Kinney-Johnson, Code Enforcement Officer; Krista A. Storey, City Attorney; and Liz McBride, Board Coordinator. APPROVAL OF MINUTES: Mr. Roberts moved to accept the minutes of August 17, 1995, seconded by Mrs. Borner. Motion CARRIED 7-0. 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; David Bowering, 1484 Carlyle Court, Crofton, MD; Dorothy Coleman, Meadow Real Estate, 1818 Pioneer Trail, New Smyrna Beach, FL; Linda Smith, representing Kenneth Smith and Elwood Sides, 2128 Pioneer Trail, New Smyrna Beach, FL; and Jim D. Owens, 100 Spoonbill Court, Daytona Beach, FL, were sworn in at this time. CASES IN COMPLIANCE/CONTINUED/WITHDRA WN: * 95-CE-0096, Ralph Whitehead & Lissi Tingleff - Continued * 95-CE-0138, James W. Merrick - In Compliance * 95-CE-0201, Marie D. Burrier - In Compliance UNFINISHED BUSINESS: Case # 95-CE-0129 - David Bowering. Authorized agent Dorothy Coleman requested to discuss case and fine imposed. Uncontained trash on property, Section 717.03, repeat violation. Code Enforcement Officer Beverly Kinney-Johnson read a memorandum dated September 20, 1995, from her to the Board. She summarized past violations, dates of inspections, and the Board's Order of August 17, 1995, imposing a fine of $100.00 per day fine beginning August 10, 1995 (the date the ...... '....; Citizen Code Enforcement Board Minutes - September 22,1995 Page -2- repeat violation was found to have occurred). Mrs. Johnson presented pictures to the Board for review. Because of the continual problems of uncontained trash on the property, Mrs. Johnson recommended the fine of$I,900 not be reduced. David Bowering, 1484 Carlyle Court, Crofton, Maryland, stated he owned the property at 150 Oak Ridge Avenue, and thanked the Board for giving him the opportunity to ask for a reconsideration of the fine imposed. He stated he relies on Dorothy Coleman, authorized agent, to take care of the premises. Mr. Bowering said response time is hampered due to the fact that notices sometimes take seven or eight days to reach him. He said upon receipt of the notice, he immediately faxes it to Mrs. Coleman, and she and her husband respond. Mr. Bowering said it had previously been requested that Mrs. Coleman be notified of violations so they could be corrected promptly. He then referred to the July 7, 1995 violation and stated that when the tenants moved out, trash was placed by the side of the road for pickup. He said when pickup was made, some trash remained which was the subject of the violation. Mr. Bowering said he and Mrs. Coleman assumed that the violation had been corrected. Mr. Bowering said he inspected the property and will be upgrading the facility. He said he is in the process of negotiating to have an on-site caretaker, who will be responsible for the property. Mr. Bowering said, at the end of this hearing he would like the Board to reconsider the financial impact the fine would have in light of the planned upgrading of the property. Mr. Roberts said the property looked run down, and felt it was hard to believe this was the first time Mr. Bowering was aware of its condition. He said the condition couldn't have happened over night. Mr. Bowering explained the process when tenants leave, and said he would be meeting with a contractor to develop a comprehensive list of improvements. Dorothy Coleman, 1818 Pioneer Trail, New Smyrna Beach, Florida, referred to items which were on the tenants' patios, and said when she tried to remove them to put out for trash pickup, the Police Department was called. Mrs. Coleman said they had complied with everything they knew about, and numerous times asked Mrs. Johnson to meet her on the property to show her what needed to be done. She then reiterated that the garbage men pick part of the trash up and leave what is underneath. Mrs. Coleman said she had asked "them" to notify her of violations and not sent the notices to Mr. Bowering. She said there had been a lot of problems with the tenants but they had been weeded out. She also said she had tried to work with Code Enforcement. She referred to the photographs and said many of the items belonged to tenants moving into their apartments. Mrs. Coleman then asked for some consideration on the fine amount because they had tried to comply. Mr. Roberts interjected that the Board had recommended in the past that a dumpster or an area for garbage be designated. Mrs. Coleman said a dumpster would be just as unsightly. Mr. Roberts responded that a dumpster would contain the trash. He then asked Mrs. Coleman what amount she was requesting the Board to reduce the fine to. She did not state an amount. Discussion followed on the notification process and cooperation received in abating the violations. Mr. Bowering inquired on the source of the complaints. Chairman Schmidt informed him of the procedure to receive the information. ...... ...., Citizen Code Enforcement Board Minutes - September 22, 1995 Page -3- Mr. Bowering then said, having a container area was a good suggestion, and said he would like to spend the amount of the fine on fixing up the apartments. Mr. Roberts, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 95-CE-0129 that the fine shall be reduced to $400 because if Mr. Bowering does the things he said he will do and cleans the property, our City will be better off, seconded by Mr. Fowler. Motion FAILED 4-3. Mrs. Bomer, Mr. Schmidt, Mrs. Strong and Mrs. Planson voted no. Chairman Schmidt called a brief recess at 7:53 p.m. and called the meeting back in session at 8:00 p.m. Mrs. Borner, after hearing the testimony presented and the recommendations of staff, moved in reference to Case Number 95-CE-0129 that the fine shall be reduced to $950 because there will be a person to supervise the grounds daily, seconded by Mr. Cowan. Motion CARRIED 5-2. Mr. Roberts and Mr. Fowler voted no. NEW BUSINESS: Case #95-CE-0206 - Kenneth Smith & Elwood Sides. Linda Smith requesting to address the Board on behalf of property owners. Grass/weeds in excess of 12 inches on property, Section 10-91. Krista A. Storey, City Attorney, acquainted the Board with the procedure of this case since the property owners were challenging the determination by the Code Enforcement Officer regarding the existence of weeds, grass, or undergrowth. She said this is not a fine situation, but whether the violation exists. Code Enforcement Officer Beverly Kinney-Johnson said a Notice of Violation was sent by certified mail on August 22, 1995. She said the notice states in part that the lot must be cut within ten days of receipt or a written notice of appeal must be filed requesting a hearing before the Citizen Code Enforcement Board. Mrs. Johnson said that on August 31, 1995, such a request from Linda Smith on behalf of the property owners was received. Mrs. Johnson reinspected the property on September 21, 1995, and observed no corrective action had been taken. Photographs were presented to the Board for review. Mrs. Johnson concluded by recommending the Violators be given until October 1, 1995 to correct the violation or a work order to the Public Works Department to abate the violation be issued. Linda Smith, 2128 pioneer Trail, New Smyrna Beach, Florida, representing Kenneth Smith and Elwood Sides, referred to photographs she had taken and stated the lots were in their nature state. She said it was possible that when the streets were put in, the City may have cut a strip. Mrs. Strong asked how long the current owners had owned the lots, if they had ever cut them or if they were ever cut before. Ms. Smith replied, seven or eight months, that they had never cut the lots, and for the last two years the lots had looked the same. '-" ~ Citizen Code Enforcement Board Minutes - September 22, 1995 Page -4- Discussion followed on where the property lines were located. Mrs. Johnson, along with Ms. Smith, explained as the Board observed the pictures. Mrs. Bomer asked if the previous property owners cut their lot, are the new owners responsible for maintaining the lot. Mrs. Johnson said that ifa person states that they never maintained their lot, they are asked to fill out an affidavit stating such. She said the affidavit is kept on file to refer to if complaints are received in the future. Mrs. Johnson said since there was no contact initiated by the property owners, there was no way of letting them know about the affidavit. Mrs. Plans on, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 95-CE-0206 that a violation of Section 10-91 of the Edgewater Code of Ordinances does not exist and the alleged Violator has not committed the violation, seconded by Mrs. Strong. Motion CARRIED 7-0. Mrs.Johnson asked that the owners file an affidavit; a form was provided. Case #95-CE-0094 - Jack R. Sparks. Boat and boat trailer on front property, Section 18-4. No tag on boat trailer, Section 10-64. Code Enforcement Officer Beverly Kinney-Johnson reported she first observed the violations and issued a Courtesy Notice on May 8, 1995, and were to be corrected by May 18, 1995. Upon inspection of the property May 18, 1995, Mrs. Johnson observed no corrective action had been taken. A Notice of Violation was sent on May 25, 1995, setting June 5, 1995 as the date for compliance. Mrs. Johnson said a current tag was displayed on the boat trailer, but as of August 14, 1995, the boat and boat trailer were still stored on the front property. Photographs were presented to the Board for review. Upon reinspection of the property on September 21, 1995, Mrs. Johnson found no corrective action have taken place and recommended that the Violator be given until October 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-0094 that a violation of Section 10-64 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$50.00 be imposed for each day the violation continues past that date, seconded by Mrs. Strong. Motion CARRIED 7-0. Case #95-CE-0119 - Jimmy D, Owens. Car carrier abandoned on property, Section 10-64. Code Enforcement Officer Beverly Kinney-Johnson reported she first observed the violation on June 19, 1995 and was to be corrected by June 30, 1995. Upon inspected the property on July 26, 1995, Mrs. Johnson found no corrective action had been taken. Mrs. Johnson said the Notice of Violation Hearing dated July 26, 1995 was returned to the office marked unclaimed. She said the notice was served on August 8, 1995, while Mr. Owens was in the office. Mrs. Johnson said Mr. Owens had contacted the office on several occasions with various inquires. Photographs were presented to the Board for review. Upon reinspection of the property on September 21, 1995, Mrs. Johnson noticed that no corrective action have been taken and recommended that the Violator be given until October ....... ......," Citizen Code Enforcement Board Minutes - September 22, 1995 Page -5- 1, 1995 to correct the violation or a fine of$30.00 per day be imposed. Jimmy D. Owens, 100 Spoonbill Court, Daytona Beach, Florida, said he has a used car business at 2417 Guava, Hawkins Auto Service, interest in a detail shop, and a private office at the same address. He said the property is zoned commercial and that the car carrier on the lot north of 2417 Guava is a permitted accessory use. Mr. Owens said the car trailer is licensed, is not inoperable and is used weekly. Mr. Roberts asked Mrs. Johnson to elaborate on what Mr. Owens just said. Mrs. Johnson asked the Chairman for a recess to check the occupational licensing for 2417 Guava. Chairman Schmidt called a recess at 8:35 p.m. and recalled the meeting to order at 8:47 p.m. Mrs. Johnson said the occupation license report she reviewed did not have Mr. Owens' name listed for 2417 Guava. Since she could only verifY if he had an interest in the business during regular business hours, she asked for the case to be continued. Mr. Roberts asked why the question of having an occupation license came up when the violation was for an abandoned vehicle. Mrs. Johnson said that if Mr. Owens does have an occupation license, the vehicle may be permissible. Discussion followed on the section in violation. Mr. Fowler, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 95-CE-0 119 that a violation of Section 10-64 of the Edgewater Code of Ordinances does not exist and the alleged Violator has committed no violation, seconded by Mr. Roberts. Motion CARRIED 7-0. DISCUSSION ITEMS: Chairman Schmidt asked the Board if they would be interested in changing the regular meeting starting time to 4:30 or 5:30 p.m. The Board unanimously agreed to change the time to 5:30 p.m. 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 9:00 p.m. Minutes respectfully submitted by: Elizabeth J. McBride, Board Coordinator Citizen Code Enforcement Board c:\ceb\minutes\092195