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08-15-1996 c< ",,, '-' ..... CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES THURSDAY, AUGUST 15, 1996 COMMUNITY CENTER 5:30 P.M CALL TO ORDER: Chairman Anthony Fowler called to order the regular meeting of the Citizen Code Enforcement Board at 5:30 p.m., Thursday, August 15, 1996. ROLL CALL: Members present were Chairman Anthony Fowler, George Cowan, Frank Roberts, Maureen Bomer, Joan Strong, Dennis Vincenzi, and Donald Schmidt. Also present were Beverly Kinney-Johnson, Code Enforcement Officer; Krista A. Storey, City Attorney; and Liz McBride, Board Coordinator. APPROVAL OF MINUTES: Mrs. Bomer moved to accept the minutes of August 15, 1996, seconded by Mrs. Strong. 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. Carol Ann Armlin, 3321 Queen Palm Drive, Edgewater, Florida; Dr. James R Mitchell, 2811 Royal Palm Drive, Edgewater, Florida; and Mrs. Johnson were sworn in at this time. CASES IN COMPLIANCE/CONTINUEDIWITHDRA WN: * 96-CE-0334 A&B, Ocean Breeze Properties and Deeco, Inc., in compliance UNFINISHED BUSINESS: None at this time. NEW BUSINESS: 1. Case #96-CE-OI77 - Carol Ann Armlin. No City water through a metered connection, Section 19-11 (a )&(b). Code Enforcement Officer Beverly Kinney-Johnson reported the Utilities Department notified her of the violation on March 13, 1996, after having the residence disconnected due to failure to pay the utility bill since September 1995. As of April 10, 1996, Ms. Johnson said the total due was $317.89. Ms. Johnson informed the Board Mrs. Armlin's son came into the office May 1, 1996, stating he would like to make arrangements to pay the delinquent water. She said he was to meet with Mr. Munoz, Director of Finance, after 1 :00 p.m. that same day, to discuss a payment plan, but that meeting never occurred. Ms. Johnson stated Mrs. Armlin had made two ,...., Citizen Code Enforcement Board Minutes - August 15, 1996 Page -2- payments totaling $200.00 in July of this year and a $40 payment in August. Since the property was still in violation, Ms. Johnson recommended the Violator be given until September 1, 1996 to correct the violation or a fine of$50.00 per day be imposed. '-' Carol Ann Armlin, 3321 Queen Palm Drive, Edgewater, Florida, stated she had someone house sitting while she was away, and they should have been paying the utility bills. She said she had been making payments, and that by September it should be paid up. Mr. Cowan asked Mrs. Armlin when she thought the balance would be paid off Mrs. Armlin said about three weeks. Mrs. Bomer asked if the bill could be paid by September 19, 1996. Mrs. Armlin said yes. Mrs. Bomer, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0177 that a violation of Section 19-11(a)&(b) 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 September 19, 1996 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 7-0. 2. Case #96-CE-0267 - James R. & Celina O. Mitchell. Trash compactor, PVC, and several other items on property, Section 717.03. Code Enforcement Officer Beverly Kinney-Johnson reported she first observed the violation June 11, 1996 and was to be corrected by June 23, 1996. Ms. Johnson said a Notice of Violation Hearing was sent July 1, 1996, but was returned unclaimed on July 24, 1996. Ms. Johnson then posted the property and City Hall on July 31, 1996. Photographs of the property were presented to the Board for review. Ms. Johnson said violations of Section 717.03 had existed previously on the property. After reinspection of the property on August 15, 1996, Ms. Johnson observed fencing, metal, wood, upholstery, lattice work and other items on the property, and recommended the Violator be given until September 1, 1996 to correct the violation or a fine of$30.00 per day be imposed. Dr. James R. Mitchell, 2811 Royal Palm Drive, Edgewater, Florida, said plumbing was being worked on and some pipes had been put on the side of the house, and that had been removed. He said the trash in the front property and trash compactor had also been removed, which was the initial complaint. Dr. Mitchell then said the grass in the front yard was cut on a regular basis, and a small portion in the rear yard was not cut because it was supposed to be a flower garden. He said the pictures shown to the Board did not indicate any serious problem. He said there were a few items on the property, but had been covered. He then said the violations indicated on the complaint posted on his front yard had been corrected as far as he was concerned. Mr. Roberts asked Krista Storey, City Attorney, to define litter. She read the appropriate code. '-' """"" Citizen Code Enforcement Board Minutes - August 15, 1996 Page -3- Mr. Roberts, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0267 that a violation of Section 717.03 of the Edgewater Zoning Ordinance does not exist, seconded by Mr. Schmidt. Motion CARRIED 7-0. 3. CASE #96-CE-074 - James R. & Celina O. MitcheU. Grass/weeds in excess of twelve (12) inches, Section 10-91. Code Enforcement Officer Beverly Kinney-Johnson reported she first observed the violation on June 11, 1996. She said since a certified Notice of Violation was returned unclaimed on July 24, 1996, the property and City Hall were posted on July 31, 1996. Upon reinspection of the property on August 15, 1996, Ms. Johnson observed the majority of the property had been cut except the areas were numerous discarded items were. Ms. Johnson then recommended the Violator be given until September 1, 1996, or a fine of $30.00 per day be imposed. She then referred to a previously shown photograph Dr. James R Mitchell, 2811 Royal Palm Drive, Edgewater, Florida, said everything had been cut but the area in the back for his mother's garden, and had a witness to attest to this. Ms. Johnson asked Dr. Mitchell when he cut the property. He said in the afternoon, about 1 :00 or 2:00 p.m. Ms. Johnson said she took the photographs close to 3:00 p.m. Mr. Roberts, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0274 that a violation of Section 10-91 of the Edgewater Code of Ordinances does not exist, seconded by Mr. Cowan. Motion F All.,ED 5-2. Mrs. Borner, Mrs. Strong, Mr. Vincenzi, Mr. Schmidt and Chairman Fowler voted no. Mr. Schmidt, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0274 that a violation of Section 10-91 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 September 1, 1996 to correct the violation and that a fine of$15.00 be imposed for each day the violation continues past that date, seconded by Mrs. Strong. Motion CARRIED 6-1. Mr. Roberts voted no. DISCUSSION ITEMS: Mrs. Strong said Sgt. Lentz, who attended the last meeting, commented to her how professional the Code Enforcement Board was. He felt the Board backed up the officers when handling false alarm appeals, and he really appreciated it. Ms. Storey commented that false alarms have decreased dramatically. CODE ENFORCEMENT COMMENTS: None at this time. '-" "WI Citizen Code Enforcement Board Minutes - August 15, 1996 Page -4- ADJOURNMENT: There being no further business to come before the Board, a motion was made and accepted to adjourn. The meeting adjourned at 6:08 p.m. Minutes respectfully submitted by: Elizabeth J. McBride, Board Coordinator Citizen Code Enforcement Board c:lceblminutes\081596.reg