05-16-1996
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING MINUTES
THURSDA ~ MA Y 16, 1996
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 5:33 p.m., Thursday, May 16, 1996.
ROLL CALL:
Members present were Chairman Donald Schmidt, George Cowan, Frank Roberts, Joan Strong,
Dennis Vincenzi, and Tony Fowler. Also present were Beverly Kinney-Johnson, Code Enforcement
Officer; Paulette Tubbs, Police Department Records Supervisor/Public Information Officer; Krista
A. Storey, City Attorney; Mark P. Karet, Director of Community Development; and Liz McBride,
Board Coordinator.
APPROVAL OF MINUTES:
Mr. Roberts moved to accept the minutes of April 18, 1996, seconded by Mrs. Strong. Motion
CARRIED 4-0. Mr. Cowan and Chairman Schmidt were absent from the April 18, 1996 meeting,
therefore, did not vote.
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. Ms. Johnson, Ms.
Tubbs, and Lavon Maynard, Elizabeth Street, New Smyrna Beach, Florida, were sworn in at this
time.
CASES IN COMPLIANCE/CONTINUEDIWITHDRAWN:
None at this time.
UNFINISHED BUSINESS:
None at this time.
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Citizen ....,de Enforcement Board
Minutes - May 16, 1996
Page -2-
NEW BUSINESS:
Case #96-CE-015UA&B) - House of Gold c/o Marianne Williams and Aid Association for
Lutherans. Excessive false alanns declared a public nuisance, Section 12-66. Krista A. Storey, City
Attorney mentioned to Chairman Schmidt that this was an appeal, and no one was present to speak
on behalf of this case. She said it was up to the Board if they wanted to go forward with the case.
Chairman Schmidt asked if there had been any contact from the Violators. The Board Coordinator
said the hearing had been postponed until May 16, 1996 at Ms. Williams's request.
Mr. Vmcenzi moved in reference to Case #96-CE-0152(A&B), that the appeal be denied because no
one was present to speak on behalf of the case, seconded by Mrs. Strong. Motion CARRIED 6-0.
Case #96-CE-0119 - Walter H. & Glenna Lavon Maynard. Lumber, uncontained trash, concrete,
metal drums, metal shelving, AlC equipment and other items on property, Section 717.03, repeat
violation. Code Enforcement Officer Beverly Kinney-Johnson reported she observed the violation
on March 13, 1996. She stated the Violators were previously found in violation of Section 717.03
by the Board on August 17, 1995, at which time a $50 per day fine was levied. Upon inspection of
the property on April 16, 1996, Ms. Johnson observed the tree limbs, tires and wheels had been
remove. She stated that on May 10, 1996, Acting Code Enforcement Officer Charlane Runge
inspected the property and noticed the metal shelving had been removed. Photographs were
presented to the Board for review. On May 16, 1996, Ms. Johnson reinspected the property and
found the lumber had been removed, but the concrete, metal drums, AlC equipment, wire and metal
cable still remained. She said while inspecting the property May 16, 1996, Mrs. Maynard stated to
her that Mr. Maynard was out of town and she was not able to take care of the violations on her own.
Because this was a repeat violation, Ms. Johnson recommended a fine of$100 per day be imposed
for each day the violation continues past June 1, 1996.
Lavon Maynard, Elizabeth Street, New Smyrna Beach, Florida, said that anytime you have rentals,
you have people leaving waste and litter when they move. She said this was a constant problem. She
also said that since being relieved of her job on April 15, 1996, she had been able to make
improvements in the appearance of the property. Mrs. Maynard stated the Code Enforcement Officer
was right, that the items should not be there. She said she could not remove some of the items
herself, but they would be removed when her husband returned home.
Chairman Schmidt asked Mrs. Maynard if the date of June 1, 1996 was ample time to abate the
violation. She answered yes.
Mr. Fowler said this could be an on-going problem (with renters coming and going), and asked if
something could be done to avoid citations. Ms. Johnson referred to a similar case, and said the
property owner solved the problem by hiring someone to care for the property who also stayed at the
site. She said since the hiring of an on-site person, there had been no code violations. Mr. Fowler
told Mrs. Maynard the answer could be directed to her, and maybe these problems could be
eliminated. Mrs. Maynard said as long she is not working, she will be able to maintain the property.
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Citizen Code Enforcement Board
Minutes - May 16, 1996
Page -3-
Mr. Vincenzi, after hearing the testimony presented and the recommendation of staff, moved in
reference to Case Number 96-CE-0 119 that a violation of Section 717.03 of the Edgewater Zoning
Ordinance has 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 $1 00 per day be imposed if the violation is not resolved by June 1, 1996, seconded by Mr.
Fowler. Motion CARRIED 6-0.
Case # 94-CE-0307 - Donald G. & Kristie L. Kehn. Krista A. Storey, City Attorney, requesting
Board acknowledge receipt of fine amount of $300 and authorize the Chairman to execute
Satisfaction of Lien.
Mr. Fowler moved to acknowledge receipt of payment and execute Satisfaction of Lien, seconded
by Mr. Roberts. Motion CARRIED 6-0.
DISCUSSION ITEMS:
Chairman Schmidt reminded anyone going to the appreciation luncheon on June 1, 1996, to call the
City Clerk's office.
The Chairman informed the Board that at the June 20, 1996 meeting, elections would be held for the
positions of Chairman and Vice Chairman.
Mr. Roberts asked for the status on the Maynard property. Mark P. Karet, Director of Community
Development, said the Building Division had taken action to condemn the property. He said part of
the process gives the property owner a 30 day period to file an appeal, which they had. He said the
appeal would be heard by the Construction Regulation Board. Mr. Karet felt the Maynards would
cooperate with the City.
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 5:58 p.m.
Minutes respectfully submitted by:
Elizabeth J. McBride, Board Coordinator
Citizen Code Enforcement Board