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04-18-1996 (\ rr6'~ t'" '-' '-' CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES THURSDA ~ APRIL 18, 1996 COMMUNITY CENTER 5:30 p.M. CALL TO ORDER: Vice Chairman Maureen Borner called to order the regular meeting of the Citizen Code Enforcement Board at 5:35 p.m., Thursday, April 18, 1996. ROLL CALL: Members present were Vice Chairman Maureen Borner, Frank Roberts, Joan Strong, Dennis Vmcenzi, and Tony Fowler. Also present were Beverly Kinney-Johnson, Code Enforcement Officer; Krista A. Storey, City Attorney; Paulette Tubbs, Edgewater Police Department Records SupervisorfPublic Information Officer; and Liz McBride, Board Coordinator. Chairman Donald Schmidt and George Cowan were recorded absent. APPROVAL OF MINUTES: Mr. Fowler moved to accept the minutes of March 21, 1996, seconded by Mr. Roberts. 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; Charles Baldwin, 2050 W. Park Avenue, Edgewater, Florida; Jay K. Patel, Alarmtronic Systems, 131 Glendale Drive, Longwood, Florida; Don Lewis, representing 107 Coquina Drive, Edgewater, Florida; Edward Yackel, 2630 Umbrella Tree Drive, Edgewater, Florida were sworn in at this time. Sheldon Vidibor, 2553 N. Atlantic Avenue, Daytona Beach, Florida was sworn in at 7:07 p.m. CASES IN COMPLIANCE/CONTINUED/WITHDRA WN: * 96-CE-001O(A), Scott Beiderman dba Southern Coatings, withdrawn UNFINISHED BUSINESS: None at this time. '-' ...., Citizen Code Enforcement Board Minutes - April 18, 1996 Page -2- NEW BUSINESS: Case #96-CE-0075 - CB Industries c/o Charles Baldwin. Excessive false alarms declared a public nuisance, Section 12-66. Paulette Tubbs, Records Supervisor/Information Officer for the Edgewater Police Department reported the Police Department responded to seven (7) false alarms, (September 13, 1995, December 17, 1995, twice on December 28, 1996, December 31, 1995, January 1, 1996 and January 22, 1996) at 2050 W. Park Avenue. She said the alarm reports did not indicate that any violent weather conditions or extraordinary circumstances existed on the dates in question, and recommended the Board uphold the false alarm determination. Charles Baldwin, 2050 W. Park Avenue, Edgewater, Florida, said his company previously had been broken into six (6) times, and each time no one had been found. He tried to explain the alleged false alarms for those dates as follows: September 13, 1995 and December 17, 1995, he could not explain; December 28, 1995; he voiced his concern to Masada Security that he was having an alarm problem and would try to find someone to repair it, but he could not find anyone available until after the holidays; December 31, 1995, he notified Masada Security that he was still having a problem and told them not to call it in unless it was a fire alarm; and January 1, 1996, he said it went off during a shift change. Mr. Baldwin said someone came to the business to fix the alarm system on January 2, 1996, but the key pad was still had some problems. He said during the dates in question, he told the Police Officers the problems he was having with the system and that it couldn't be fixed until after the holidays. On January 22, 1996, Mr. Baldwin accidentally set off the alarm, but immediately called the Police Department to tell them he was working on the alarm system. Mr. Baldwin said he called the City Clerk's office after he paid $100, but kept getting billed for additional charges. He said he had the alarm turned off after the City Clerk explained the false alarm charges. After a brief discussion, Mr. Roberts, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0075 that the false alarm determination be overturned, because the alarms were the result of a violent condition of nature or extraordinary circumstances not subject to the control of the alarm user, seconded by Mr. Fowler. Motion CARRIED 5-0. CASE #96-CE-0115 - Edward Yackel. Excessive false alarms declared a public nuisance, Section 12-66. Paulette Tubbs, Records Supervisor/Information Officer for the Edgewater Police Department reported the Police Department responded to four (4) false alarms, (January 17, 1996, February 5, 1996, and twice on February 14, 1996) at 2630 Umbrella Tree Drive. She said the alarm reports did not indicate that any violent weather conditions or extraordinary circumstances existed on the dates in question, and recommended the Board uphold the false alarm determination. Edward Yackel, 2630 Umbrella Tree Drive, Edgewater, Florida, said when the alarm went off January 17, 1996, it had been the first time in six years. He stated he called the alarm company who recommended replacing the batteries. Mr. Yackel said everything seemed to be fine until the second alarm on February 5, 1996, at which time he again replaced the batteries. He again called the company and requested a mechanic locate the problem. Mr. Yackel said a repairman came to his residence the next day, did a complete check of the system, and concluded that since the sensor was placed about a yard from the heating ventilator, it was possible the air flow from the ventilator caused something to move, setting off the motion sensor. Mr. Yackel said the repairman then moved '-' ...."t Citizen Code Enforcement Board Minutes - April 18, 1996 Page -3- the sensor from the back wall to the front wall, and since that time, he has not had any false alarms. Mr. Yackel stated the repairman told him, if there were additional false alarms, he would recommend replacing the sensor for a cost of$250. Mr. Yackel didn't understand why the alarm had not gone offbefore, since it had been in the same location at the back wall for six years without going off. He felt he did everything to remedy the problem. Mr. Roberts, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0 115 that the false alarm determination be overturned because the false alarms were the result ofa violent condition of nature or extraordinary circumstances not subject to the control of the alarm user, seconded by Mr. Vincenzi. Motion CARRIED 4-0. Mr. Fowler voted no. Case #96-CE-0116 - Jay K. Patel, President, Alarmtronic Systems on behalf of Shiv Discount Beverage. Excessive false alarms declared a public nuisance, Section 12-66. Paulette Tubbs, Records Supervisor/Information Officer for the Edgewater Police Department reported the Police Department responded to five (5) false alarms, (September 4, 1995, October 6, 1995, twice on October 16, 1995 and November 6, 1995) at 2317 S. Ridgewood Avenue. She said the alarm reports did not indicate that any violent weather conditions or extraordinary circumstances existed on the dates in question, and recommended the Board uphold the false alarm determination. Jay K. Patel, 131 Glendale Drive, Longwood, Florida, referred to a case the Board heard the previous month, which is located next to Shiv Discount Beverage. He said this case had similar circumstances, which he proceeded to summarize. He explained how the glass break sensor worked and how it had been checked. Mr. Patel said here was no equipment malfunction or user error, and that he did not replace any of the motion sensors. He stated he sent a motion sensor to the manufacturer who also did not find anything wrong. Mr. Patel then requested the fine be waived. Discussion followed on possible causes for the false alarms. Mr. Vincenzi, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-O 116 that the false alarm determination be upheld and that the fine of$125.00 stand, seconded by Mrs. Strong. Motion CARRIED 5-0. Case #96-CE-0009 - Scott Beiderman dba Southern Coatings. Metal drums, uncontained trash and automobile parts on property, repeat violation of Section 717.03. Code Enforcement Officer Beverly Johnson reported she first observed the violation on January 9, 1996, on 2417 Guava Drive, and a notice of violation hearing was sent on January 13, 1996. She stated the Violator was previously found in violation of Section 717.03 by the Board on July 20, 1995, at which time a $100 per day fine was levied. Photographs were presented to the Board for review. Ms. Johnson said she met with Mr. Beiderman on an least two separate occasions to discuss the violations on the property. On April 18, 1996, she reinspected the property and found the violation still existed, and recommended a fine of $300 per day be imposed for each day the violation continued past May 1, 1996. ,-,. ....., Citizen Code Enforcement Board Minutes - April 18, 1996 Page -4- Mr. Fowler, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0009 that a violation of Section 717.03 of the Edgewater Zoning Ordinance has occured and the alleged Violator committed the violation. After considering the gravity of the violation, any actions taken by the Violator to correct the vilation, and any previous violations committed by the Violator, further moved that a fine of $300 be imposed from May 1, 1996, seconded by Mrs. Strong. Motion CARRIED 5-0. Case #96-CE-OOI0(B) - Jimmy D. Owens, Trustee. Untagged semi-trailer on property, Section 10-64. Metal drums, uncontained trash, automobile parts, wood and other discarded item on property, Section 717.03. Code Enforcement Officer Beverly Johnson reported she first observed the violations on January 9, 1996 and was to be corrected January 21, 1996. After inspection of the property on February 23, 1996, she found no corrective action had been taken. Since the notice of hearing was returned unclaimed on March 18, 1996, the property was posted on March 19, 1996. Ms. Johnson reinspected the property April 18, 1996, and observed the untagged semi-trailer had been removed, but no other corrective action had occurred. She said the photographs of the property were the same ones the Board just reviewed from the prior case. Ms. Johnson then recommended the Violator be given until May 1, 1996 to correct the violation or a fine of $100 per day be imposed. Mr. Fowler, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-00I0(B) 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 May 1, 1996 to correct the violation and that a fine of $100 be imposed for each day the violation continues past the date, seconded by Mr. Roberts. Motion CARRIED 5-0. Case #96-CE-OI06(A) - Fina Express Mart & Case #96-CE-OI06(B) - Old Tyme General Store of Edgewater, Inc. - Banner signage not permitted, Sections 3-3, 3-8(2)a.13 and 701.01(d). Code Enforcement Officer Beverly Johnson reported she first observed the violation on February 6, 1996 and was to be corrected February 16, 1996. After reinspecting the property February 16, 1996, Ms. Johnson found the banner sign and pennants had been removed. She stated that while she was on patrol March 5, 1996, she noticed a new banner on the property which was to be removed by March 8, 1996. After viewing the property March 8, 1996, Ms. Johnson found no corrective action had been taken. A photograph was presented to the Board for review. Ms. Johnson then recommended the Violators be given until May 1, 1996 to correct the violation or a fine of$50 per day be imposed. Mr. Vincenzi, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Numbers 96-CE-0106(A) and 96-CE-0106(B) that a violation of Sections 3-3 and 3-8(2)a.13 of the Edgewater Code of Ordinances and 701.01(d) 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 May 1, 1996 to correct the violation and that a fine of $50 be imposed for each day the violation continues past the date, seconded by Mrs. Strong. Motion CARRIED 5-0. '-' ...""I Citizen Code Enforcement Board Minutes - April 18, 1996 Page -5- The Vice Chairman called a brief recess at 6:50 p.m., and reconvened the meeting at 6:57 p.m. Case #96-CE-OI35 - Jon F. & Linda Keeney dba Keeney's Kleen All Service. Failure to renew occupational license, Sections 11-1(1-)-(3), 11-2 and 11-3(a)-(c). Code Enforcement Officer Beverly Johnson became aware of the violation through the City Clerk's office on March 18, 1996 and was to be corrected by March 20, 1996. On April 1, 1996, the City Clerk's office informed Ms. Johnson that no corrective action had taken place. As of close of business April 18, 1996, Ms. Johnson stated no corrective action had been taken, and recommended the Violators be given until May 1, 1996 to correct the violation or a fine of $50 per day be imposed. Mr. Vincenzi, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0135 that a violation of Sections 11-1(1)-(3), 11-2 and 11-3(a)-(c) 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 May 1, 1996 to correct the violation and that a fine of $50 be imposed for each day the violation continues past the date, seconded by Mrs. Strong. Motion CARRIED 5-0. Case #95-CE-0262(A) - Don Lewis & Case #95-CE-0262(B) - Eastern Shores Mobile Village. Krista A. Storey, City Attorney, called the Vice Chairman's attention to a memorandum to the Board from the Code Enforcement Officer, as an additional item to the agenda. The Vice Chairman proceeded to read aloud the memorandum. Ms. Johnson stated in her memo, that the Board originally heard the case on October 19, 1995, and determined at that time, Section 717.03 of the Edgewater Zoning Ordinance had been violated. She said the Board imposed a $50 fine upon Mr. Lewis and a $50 fine upon Eastern Shores Mobile Village for each day the violation continued past November 15, 1995. Ms. Johnson stated the current fine totaled $12,320. She also stated Sheldon Vidibor, owner of Eastern Shores Mobile Village, contacted her to arrange a meeting at the site to be shown what was required to bring the site into compliance. Ms. Johnson believed Mr. Vidibor had not been aware of any code violations, and only found out through a real estate transaction that the City had a lien on the property. She said all violation notices had been sent to Eastern Shores Mobile Village in Edgewater, as listed on the Volusia County Tax Rolls. Ms. Johnson said she met Mr. Vidibor, Mr. Lewis and the manager of Eastern Shores Mobile Village on April 17, 1996 at the site. When Ms. Johnson reinspected the property on April 18, 1996, she found it to be incompliance. Ms. Johnson felt if Mr. Vidibor had direct knowledge of the code violations, they would have been abated by the date set by the Board. She then recommended the fine of$12,320 be reduced to $300 to cover costs incurred by the City. Sheldon Vidibor, 2553 N. Atlantic Avenue, #180, Daytona Beach, Florida, stated he was not aware of any code violations. Don Lewis, 107 Coquina Drive, Edgewater, Florida, said he received a violation letter in October 1995, and proceeded to clean up the property. He said he spent over $3,000 to clean up the area. He stated he had a fence around the property, but since he did not have a permit for it, he took it down. After taking the fence down, he said he received another violation notice. Mr. Lewis thought he abated the violation, until he received a call from Mr. Vidibor telling him of a lien on the property. He said it was immediately cleaned up after the meeting with Ms. Johnson. "'-' ""'" Citizen Code Enforcement Board Minutes - April 18, 1996 Page -6- Mr. Roberts, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Numbers 95-CE-0262(A)&(B) that the fine shall be reduced to $300, seconded by Mrs. Strong. Motion CARRIED 5-0. Krista A. Storey, City Attorney, said due to a current property transaction, Mr. Vidibor would like to write a check now for the amount of the fine. Rather than bring this back to the Board for acknowledgment of payment and authorization to execute the Satisfaction of Lien, Ms. Storey asked the Board for authorization to proceed with the Satisfaction of Lien. Mrs. Strong moved to accept Ms. Storey's request, seconded by Mr. Roberts. Motion CARRIED 5-0. DISCUSSION ITEMS: Vice Chairman Bomer asked Ms. Storey how the regulations for junk vehicles are proceeding. Ms. Storey said the Council had arrived at an Ordinance allowing for the legitimate restoration of vehicles, through the application of a permit. She said the ordinance also addresses junk vehicles. A brief discussion followed. 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 7:20 p.m. Minutes respectfully submitted by: Elizabeth J. McBride, Board Coordinator Citizen Code Enforcement Board c:\ceblminutes\041896.reg