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07-18-1996 q\)~>-",,,-,,,<-(\ '-' ...., CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES THURSDA Y, JULY 18, 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 5:32 p.m., Thursday, July 18, 1996. ROLL CALL: Members present were Chairman Donald Schmidt, Frank Roberts, Maureen Bomer, 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; Kyle Fegley, City Engineer; Krista A. Storey, City Attorney; and Liz McBride, Board Coordinator. APPROVAL OF MINUTES: Mr. Roberts moved to accept the minutes of May 16, 1996, seconded by Mrs. Strong. Motion CARRIED 5-0. Since Mrs. Bomer was not at the May 16, 1996 meeting, she 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; Mr. Fegley; Richard Wilson, 20 Plumwood Road, Briarclitf, New York; Marianne Williams, 1817 Air Park Road, Edgewater, Florida; Richard Martinez, 317 Schooner Avenue, Edgewater, Florida; Brian Beissel, 1315 Willow Oak Drive, Edgewater, Florida; and Doug Schatz, on behalf of House of Gold, were sworn in at this time. CASES IN COMPLIANCE/CONTINUED/WITHDRA WN: None at this time. ELECTION OF OFFICERS: Mrs. Strong moved to postpone election of Chairman and Vice Chairman until after all cases had been heard, seconded by Mr. Fowler. Chairman Schmidt then postponed elections. w ~ Citizen Code Enforcement Board Minutes - July 18, 1996 Page -2- UNFINISHED BUSINESS: 1. Case # 96-CE-OI52(A)&(B) - House of Gold c/o Marianne Williams and Aid Association for Lutherans. Ms. Williams requesting rehearing of case. (Excessive false alarms declared a public nuisance, Section 12-66.) Krista A. Storey, City Attorney, reminded the Board this item was on the last agenda and no one was in attendance on behalf of the case. She said the Board is in a position to decide whether to rehear the case. Mr. Roberts moved to hear the case, seconded by Mrs. Bomer. Motion FAILED 4-2. Mrs. Strong, Mr. Vincenzi, Mr. Fowler and Chairman Schmidt voted no. Chairman Schmidt explained to Ms. Williams, since there had been no contact from anyone regarding this case, the Board elected not to reopen the case, and the Findings from the last meeting would stand. Marianne Williams, 1817 Air Park Road, Edgewater, Florida, asked when she could bring this issue before the Board. Ms. Storey stated for the record, this item was scheduled and notice was given, Ms. Williams requested the rehearing, and when she failed to appear, the Board determined to uphold the fine. Ms. Williams stated she did not receive the letter telling her when to appear. Ms. Storey made reference to the address where the notices had been sent and Ms. Williams said it was the business address. After discussion on the dates of notice, Ms. Storey said the Board had given Ms. Williams the opportunity to speak and was not willing to provide her with another opportunity. Ms. Williams then asked if she had new fines, could she then address the Board. Ms. Storey answered yes, and made Ms. Williams aware the current fines needed to be paid. Ms. Williams said she understood. 2. Case # 93-CE-0582 - Brian L. Beissel & Leroy Beissel. Brian Beissel requesting discussion of fine amount of$90,000. (Failure to connect to City sewer system, Section 19-31 and 19-32.) Code Enforcement Officer Beverly Kinney-Johnson reported that on October 21, 1993, the Board continued this case until December 16, 1993, to allow Mr. Beissel time to contact Volusia County about Community Block Grant funding made available to property owners who qualified for financial aid. She reminded the Board they found Brian and Leroy Beissel in violation at its December 16, 1993 meeting. Ms. Johnson said the Board's order stated the Violator was cautioned that failure to abate the violation or demonstrate effort to come into compliance would result in imposing a fine of $100 per day. Ms. Johnson informed the Board, connection to the City sewer system was made on June 3, 1996, and the current fine amount totaled $90,000. Since connection had been made to the City sewer system, which was the City's ultimate goal, Ms. Johnson recommended the fine be reduced to $475 which was the costs incurred by the City. Brian Beissel, 1315 Willow Oak Drive, Edgewater, Florida, said at the time he did not have the money to have the work done, and was not eligible for the Block Grant. He said when he got the money, he connected. 'w' ....., Citizen Code Enforcement Board Minutes - July 18, 1996 Page -3- Mr. Vincenzi, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 93-CE-0582 that the fine shall be reduced to $475, seconded by Mr. Fowler. Motion CARRIED 5-1. Mrs. Borner voted no. NEW BUSINESS: 1. Case #96-CE-0235(A)&(B) - Thad Sizemore, Jr. and Ranken Drive Homeowner's Association c/o Ward T. Berg, President. Placement of earthen material prior to obtaining required permits, Sections 9.5-38 and 704. Code Enforcement Officer Beverly Kinney-Johnson introduced the case and then turned it over to City Engineer Kyle Fegley for presentation to the Board. Mr. Fegley reiterated that earthen material was placed without a permit, and the City was looking for compliance in accordance to his recommended restoration procedures written to Mark Karet, Director of Community Development, in a May 6, 1996 memorandum. Mr. Fegley explained how this case evolved. He said a representative for the Violator filed for a fill application which was granted July 2, 1996. Mr. Fegley said as ofJuly 18, 1996, the earthen material remained in is original state. He said Mr. Berg indicated Mr. Sizemore would correct the violation, and intended to do so within the next two weeks. Mr. Fegley felt the Violators were being honest in their obligations to fulfill the requirements as indicated in the May 6, 1996 memorandum to Mr. Karet (which was also attached to the fill application). Mr. Fegley said this was not a hazardous condition, and recommended the Violators be given until mid August to correct the violation. Mrs. Strong asked Mr. Fegley to give a specific date for compliance. He gave August 15, 1996 as the date. Richard Wilson, Briarc1iff, New York, said this condition had been going on for fifteen or sixteen months, and felt it was a calculated delay because the Radnor Corporation will be finished and gone before the violation was abated. He provided Board members a copy of the site plan and photographs, and gave a brief history of his interests in the Phase III area. ($31,200 in escrow on a lot pending resolution of code violations.) Mr. Wilson referred to the photos, and said the mountains of dirt were placed there in March or April 1995. He said he had been working with Radnor/Edgewater and the City since that time to get it moved. Mr. Wilson then discussed the development of the dirt pile, and the dates of complaints. He then asked the Board to consider three points: 1) levy the maximum fine of $250 per berm, retroactive to May 6, 1996, 2) levy the fine against the Violator, Mr. Sizemore, not the property, and 3) if the fine is not paid within thirty days, to suspend the sewer and water services to those homes along Ranken Drive. Chairman Schmidt questioned if the violation is not abated by August 15, 1996, the recommended date of compliance by Mr. Fegley, who would the fine go against. Krista A. Storey, City Attorney, answered the violators who have been notified; the lien would go against any property owned by Thad Sizemore, Jr. as well as the Ranken Drive Homeowner's Association. In reference to Mr. Wilson's points of considerations, Ms. Storey said by statute, the Board may not enact any type of retroactive fines, they must give a reasonable time to the Violator to abate the violation. She also said the Board did not have the ability to stop water and sewer services to the Ranken Drive Homeowner's Association. '-" -."",tI Citizen Code Enforcement Board Minutes - July 18, 1996 Page -4- Richard Martinez, 317 Schooner Avenue, Edgewater, Florida, stated he witnessed the dirt being moved from Mr. Sizemore's lot to the current location. He briefly described his concerns. Mr. Fowler asked Mr. Fegley approximately how long would it take from start to finish to abate the violation. Mr. Fegley said the maximum would be two working days with the right machinery, and probably four hours. Mr. Fowler, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Numbers 96-CE-0235 (A)&(B) that a violation of Section 9.5-38 of the Edgewater Code of Ordinances and Section 704 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 violations, and any previous violations committed by the Violator, further moved that the Violator be given until August 4, 1996, to correct the violation and that a fine of $250 be imposed for each day the violation continues past that date, seconded by Mrs. Strong. Motion CARRIED 5-1. Chairman Schmidt voted no. 3. Case # 96-CE-OI39 (A)&(B) - Scott Beiderman dba Southern Coatings and Jimmy D. Owens, Trustee. Uncontained trash, truck bed and other items on property, Section 717.03, repeat violation. Code Enforcement Officer Beverly Kinney-Johnson reported she observed the violation on March 19, 1996. She said Mr. Beiderman was previously found to be a repeat violator and was fined $300 per day and Mr. Owens was found in violation of Section 717.03 and was fined $100 per day. She also said the violation was abated seven days after the date set for compliance for total fine due of $2, 100 from Mr. Beiderman and $700 from Mr. Owens. Ms. Johnson reported the Notices of Violation Hearing for the repeat violation were returned to the City, so the property and City Hall were posted. After inspection of the property on June 6, 1996, Ms. Johnson found only the truck bed remained. Photographs were presented to the Board for review. Ms. Johnson said Mr. Owens's son called the office in June, saying the truck bed had been sold and it would be removed. After reinspection of the property on July 18, 1996, Ms. Johnson found no corrective action have been taken, and recommended that Mr. Beiderman be fined $400 per day and Mr. Owens be fined $200 per day from the date the repeat violation was found to have occurred. Mrs. Bomer, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0139 (A)&(B) 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 Scott Beiderman be imposed a fine of $400 and Jimmy D. Owens, Trustee be imposed a fine of $200 from the date the repeat violation is found to have occurred by the Code Enforcement Officer (March 19, 1996), seconded by Mr. Vincenzi. Motion CARRIED 6-0. '-' ..."" Citizen Code Enforcement Board Minutes - July 18, 1996 Page -5- 3. Case # 96-CE-0184 (A)&(B) - Continental Medical Lab and Belmont Homes. Failure to obtain occupational license, Section 11-2. Code Enforcement Officer Beverly Kinney-Johnson reported while updating the occupational license files, she noted Continental Medical Lab had not obtained a license. She said a violation notice was sent on April 30, 1996, giving ten days to correct the violation. On June 11, 1996, Ms. Johnson said an agent of the corporation came to the office to apply for an occupational license. She said it was verified through the City Clerk's office, the occupational license had been ready since June 20, 1996. Ms. Johnson stated as of close of business July 18, 1996, the occupational license had not been paid for, and recommended the Violators be given until August 1, 1996, to correct the violation or a fine of$75 per day be imposed. Mrs. Strong, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Numbers 96-CE-0184 (A)&(B) that a violation of Section 11-2 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 August 1, 1996, to correct the violation and a fine of $75 be imposed for each day the violation continues past that date, seconded by Mrs. Borner. Motion CARRIED 6-0. 4. Case #96-CE-0219 - Ray Fisher and Chris Fisher. Trailers not permitted on residential property, Section 603.01(b). Code Enforcement Officer Beverly Kinney-Johnson reported a violation notice was sent May 13, 1996, and was to be corrected on May 23, 1996. After inspecting the property on June 14, 1996, Ms. Johnson observed the semi trailer still on the property. Photographs were presented to the Board for review. She reinspected the property on July 18, 1996, and found no corrective action had been taken. Ms. Johnson reported after speaking to Chris Fisher, who contacted the officer on July 18, 1996, that the semi trailer had been sold and he was waiting to receive wheels so the trailer can be removed. Mr. Fisher believed he could be in compliance by August 10, 1996, she said. Ms. Johnson then recommended the Violators be given until August 10, 1996 to correct the violation or a fine of $50 be imposed. Mrs. Borner, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0219 that a violation of Section 603.01(b) of the Edgewater Zoning Ordinance does exist and the alleged Violator has committed the violation. After considering he 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 August 1, 1996 to correct the violation and that a fine of $50 be imposed for each day the violation continues past that date, seconded by Mr. Roberts. Mrs. Strong questioned the date and Mrs. Borner amended it to August 10, 1996. Motion CARRIED 6-0. ELECTION OF OFFICERS: Mrs. Borner nominated Mr. Fowler for Chairman, seconded by Mrs. Strong. Motion CARRIED 6-0. Mr. Fowler nominated Mr. Schmidt for Vice Chairman, seconded by Mr. Strong. Motion CARRIED 6-0. ~ ."", Citizen Code Enforcement Board Minutes - July 18, 1996 Page -6- DISCUSSION ITEMS: None at this time. 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 6:45 p.m. Minutes respectfully submitted by: Elizabeth J. McBride, Board Coordinator Citizen Code Enforcement Board c:lceblminutesI071896.reg