10-19-1995
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING MINUTES
THURSDAY, OCTOBER 19,1995
COMMUNITY CENTER
5:30 P.M.
CALL TO ORDER:
Chairman Donald Schmidt called to order the regular meeting of the Citizen Code Enforcement
Board at 5:38 p.m., Thursday, October 19, 1995.
ROLL CALL:
Members present were Chairman Schmidt, Mr. Cowan, Mr. Roberts, Mrs. Borner, Mrs. Strong, 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. Planson was recorded absent.
APPROVAL OF MINUTES:
Mr. Roberts moved to accept the minutes of September 21, 1995, seconded by Mrs. Borner. 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
was sworn in at this time.
CASES IN COMPLIANCE/CONTINUED/WITHDRA WN:
None at this time.
UNFINISHED BUSINESS:
Case # 92-CE-0628 - Jeffrey & Cameron Evers. Krista A. Storey, City Attorney, referred to a
memorandum to the Code Enforcement Board dated October 9, 1995, in regard to receiving payment
of a fine of $1466.50 due to the closing of the property. Ms. Storey requested the Board
acknowledge receipt of the payment and authorize the Chairman to execute the Satisfaction of Lien.
Mr. Roberts so moved, seconded by Mrs. Strong. Motion CARRIED 6-0.
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Citizen ~e Enforcement Board
Minutes - October 19, 1995
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NEW BUSINESS:
Case # 95-CE-0292(A) - Don Lewis and
Case # 95-CE-0292(B) - Eastern Shores Mobile Village. Abandoned airtight containers on
property, Section 10-8. Appliances and other items abandoned on property, Section 717.03. Code
Enforcement Officer Beverly Kinney-Johnson reported she first observed the violation on July 21,
1995, and was to be corrected by August 7, 1995. She said Mr. Lewis had been the tenant of the
property and at one time had an occupational license for repair and service of the appliances. She
said he had telephoned and asked for an extension oftime due to illness. Mrs. Johnson said they
agreed September 26, 1995 would be the date for compliance and if he still need more time, to
contact her office prior to that date. Mr. Lewis did not contact the office again and upon inspection
of the property on September 28, 1995, Mrs. Johnson found no further attempt had been made to
correct the violation. After receiving a notice of violation hearing, which was sent to Mr. Lewis and
Eastern Shores on October 3, 1995, Mrs. Johnson reported Mr. Lewis did further work to clean up
the property, but his efforts were short-lived. After reinspection of the property on October 19,
1995, Mrs. Johnson observed some items had been removed. Photographs were presented to the
Board for review. Mrs. Johnson then recommended that the Violators be given until November 1,
1995 to correct the violation or a fine of$30.00 per day be imposed on both Mr. Lewis and Eastern
Shores Mobile Village.
Discussion followed on past cases where property owners were cited and not the tenant. It was
established that in this case Mr. Lewis was the sole tenant, and had been operating a business at the
location cited, apposed to other rental units where there were a high turnover of tenants. It was
pointed out that Eastern Shores Mobile Village had also received notice.
Mrs. Borner, after hearing the testimony presented and the recommendation of staff, moved in
reference to Case Number 95-CE-0262(A) and 95-CE-0262(B) that a violation of Section 10-8 of
the Edgewater Code of Ordinances and 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 of Case #95-CE-0262(A) be given until
November 1, 1995 to correct the violation and that a fine of$100.00 be imposed for each day the
violation continues past that date, and that the Violator of Case #95-CE-0262(B) be given until
November 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 F All..ED 4-2. Mr. Cowan, Mr.
Roberts, Mr. Schmidt and Mr. Fowler voted no.
Mr. Roberts, after hearing the testimony presented and the recommendation of staff, moved in
reference to Case Number 95-CE-0262(A) and 95-CE-0262(B) that a violation of Section 10-8 of
the Edgewater Code of Ordinances and 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 of Case #95-CE-0262(A) be given until
November 30, 1995 to correct the violation and that a fine of$30.00 be imposed for each day the
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Citizen ...de Enforcement Board
Minutes - October 19,1995
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violation continues past that date, and that the Violator of Case #95-CE-0262(B) be given until
November 15, 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. Fowler just to get a vote. Motion FAaED 4-2.
Mrs. Bomer, Mr. Schmidt, Mrs. Strong, and Mr. Fowler voted no.
Mr. Fowler moved to amend Mr. Roberts' motion to read that Case #95-CE-0262(A) be given until
November 15, 1995, and the remaining stay as is, therefore both parties are involved on the same date
to come into compliance, seconded by Mr. Roberts. Motion CARRIED 5-0. Mrs. Strong voted no.
Case # 95-CE-0299 - William & Christine Fisher. PooL electrical work, and garage enclosed into
living space with no permits, Section 104.1.1. Occupancy prior to being issued a certificate of
occupancy, Section 106.1.1. No permits issued to pool, electrical work, or garage enclosed into
living space, Section 702.01. Work commencing with no permits, Section 702.2F. Code
Enforcement Officer Beverly Kinney-Johnson reported the Building Division turned the case over to
code enforcement after inspecting the property in March 1995. She said that the inspection revealed
a pool and a pool deck had been installed, electrical work had been done, and a garage had been
converted into living space without permits. Mrs. Johnson said Mr. Fisher made permit applications
to convert the garage into living space on May 23, 1995, and electrical work that had been done on
June 20, 1995. She said there was no record of a permit application for the pool and pool deck. Mrs.
Johnson said Building Official Robert Dunn had spoken to Mr. Fisher on several occasions regarding
the incomplete permit applications and the need for a survey. She said a notice of violation was sent
on September 20, 1995, setting October 2, 1995 as the date for compliance. Photographs were
presented to the Board for review. Since no permits had been issued as of close of business October
19, 1995, Mrs. Johnson recommended the Violator be given until November 1, 1995 to correct the
violation or a fine of $30 per day be imposed.
Mr. Fowler, after hearing the testimony presented and the recommendation of staff, moved in
reference to Case Number 95-CE-0299 that a violation of Sections 104.1.1 and 106.1.1 of the
Standard Building Code 1994 and 702.01 and 702.2F of the Land Development Code 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 November 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:
1. Code Enforcement By-Laws. Krista A. Storey, City Attorney, referred to a copy of her
suggested revisions in the Board's by-laws, which had not been amended since 1990. She felt the by-
laws should contain things other than are contained in the Code of Ordinances. She said a two-step
process had been established; first to discuss the by-laws at one meeting, then formerly take action
at the next meeting. The Board then took a few moments to review the recommended changes.
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Citizen ~e Enforcement Board
Minutes - October 19,1995
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Chainnan Schmidt asked if the Board had no objections, this items would be placed on the agenda
for the next meeting. All were in agreement.
2. Resolution 95-R-ll - Ex Parte Communication. Krista A. Storey, City Attorney,
mentioned that in the past, because the Code Enforcement Board functioned as a quasi-judicial body,
it was not appropriate to discuss matters before the Board with members of the public. This
resolution allows elected officials and board members to communicate with the public outside the
hearing process as long as it is disclosed on the record. She said this also allows site visits to
individual properties or written communications. Ms. Storey said this resolution does not required
the Board to have outside communications, but gives them the option to do so. However, she felt
the best place to discuss any case, would be in the public meeting room where all parties would be
present. Ms. Storey asked the Board to notify her if anyone were to have outside contact so she
could make sure it was disclosed at the public meeting.
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 6:40 p.m.
Minutes respectfully submitted by:
Elizabeth J. McBride, Board Coordinator
Citizen Code Enforcement Board
c:\ceb\minutes\lO 1995