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09-19-1996 /' ,,) ,\7'--~, ..... ..." CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES September 19 , 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 5:36 p.m., Thursday, September 19, 1996. ROLL CALL: Members present were Chairman Anthony Fowler, George Cowan, Frank Roberts, Maureen Bomer, Joan Strong, and Donald Schmidt. Also present were Beverly Kinney-Johnson, Code Enforcement Officer; Paulette Tubbs, Police Department Records SupervisorfPublic Information Officer; Kyle Fegley, City Engineer; Krista A. Storey, City Attorney; Mark P. Karet, Director of Community Development; and Liz McBride, Board Coordinator. Mr. Vincenzi was recorded absent. APPROVAL OF MINUTES: Mr. Roberts moved to accept the minutes of August 15, 1996, seconded by Mr. Schmidt. 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; Ms. Tubbs; Mr. Fegley; Cheryl and Ralph Gonzalez, 1859 Sabal Palm Drive, Edgewater, FL; Mitch Corriveau, 11 Northside Avenue, Orlando, FL; Bob Lee, 892 Catfish Avenue, New Smyrna Beach, FL; Richard Martinez, 317 Schooner Avenue, Edgewater, FL; Robert Browning, 605 Starboard Avenue, Edgewater, FL; Sherry Huskey, 3232 Unity Tree Drive, Edgewater, FL; Jean and AI Whitehurst, 802 Navigators Way, Edgewater, FL; Dave McKendrick, 307 Portside Lane, Edgewater, FL; Dominic Capria, 606 Topside Circle, Edgewater, FL; Marion and Richard Zapo, 633 Starboard Avenue, Edgewater, FL; Marty Berge, Managing Partner with Edgewater Landing, P.O. Box 1179, Edgewater, FL; Ward Berg, 205 Ranken Drive, Edgewater, FL; Thad Sizemore, 223 Ranken Drive, Edgewater, FL; and Richard Wilson, 20 Plumwood Road, BriarcliffManor, NY, were sworn in at this time. Jeri Nehall, REMAX All Pro Realty, 2701 S. Ridgewood Avenue, South Daytona, FL, was sworn in at the beginning of Case #94-CE-0254. CASES IN COMPLIANCE/CONTINUED/WITHDRA WN: * 96-CE-0491, Ralph & Cheryl 1. Gonzalez, Jr., In Compliance, case still to be heard ...... ...., Citizen Code Enforcement Board Minutes - September 19, 1996 Page -2- UNFINISHED BUSINESS: 1. Case #96-CE-0235(A) - Thad Sizemore, Jr. Mr. Sizemore appealing the City Engineer's determination of non-compliance, and to discuss the accrued fine. (Development permit required prior to placement of earthen material, Section 9.5-39 and clearing and grading permit required, Section 704.) Since this was an appeal of a determination, Krista A. Storey, City Attorney, explained it would be appropriate for Mr. Sizemore to go first to present his issues. Thad Sizemore, 233 Ranken Drive, Edgewater, Florida, thanked the Board for hearing his appeal. He said the violation was served on him personally and the Ranken Drive Homeowner's Association. He stated Ward Berg, president of the Ranken Drive Homeowner's Association had spoken to Mark Karet, Director of Community Development, at some length prior to the initial meeting of the Code Board (July 18, 1996). Mr. Sizemore said there was some indication that his and Mr. Berg's presence would not be necessary at July 18, 1996 meeting because they had obtained the necessary permit. He deferred the issue of not being present to Mr. Berg for later explanation. Mr. Sizemore said his appeal was based on three areas: 1) that the two berms existed prior to the City annexing the parcel ofland into the City of Edge water, 2) that the berms were not illegal when initially put in their location and believed the code cited did not apply, and 3) that the existing berms which were not objectional, serves as a natural buffer and fits in with the surrounding topography. Mr. Sizemore proceeded to describe the history of the dirt piles. He said he remembered explaining to Marty Berge, managing partner with Radnor/Edgewater, Inc. in 1991, that too much traffic was using the area in question and the only way to control this would be to put up a physical barrier (berms). Mr. Sizemore said he recalled there was not a major objection at that time, not until the spring of 1995. Mr. Sizemore believed concurrent with the development of Radnor's Phase III, that the developers wanted to be able to see the water, and possibly market the area as river view. He remarked, as the result of a pending sale, more pressure was put on to remove the berms. He said sometime in the spring of 1995, the contractors working for Radnor completely cleared the area between his property and Radnor's property, leaving no buffer or vegetation. Mr. Sizemore did state that he probably over reacted by placing more dirt in those areas than have previously been there. Subsequent to a meeting with and a memorandum written by Kyle Fegley, City Engineer, Mr. Sizemore removed some dirt and planted wax myrtles on top. He felt that he had complied, substantially. Mr. Sizemore presented photographs to the Board for review. He said he spoke to Mr. Fegley after learning the work done was not acceptable, and was told the berms were nonconforming to the existing topography. Mr. Sizemore proceeded to discuss the history. Mr. Sizemore said he did what he did to isolate one way of ingress and egress to his property. Mr. Sizemore felt staff overreacted to this issue and felt he had done nothing wrong. He also felt it poses no eye sore and felt it serves as a natural buffer. He then asked the Board to reconsider their Order of July 18, 1996. Mr. Roberts asked when the property was annexed into the City. Mr. Sizemore said it was recorded October 29, 1992. ...... ...",., Citizen Code Enforcement Board Minutes - September 19, 1996 Page -3- Ward Berg, 205 Ranken Drive, Edgewater, Florida, stated he was appearing as president ofRanken Drive Homeowner's Association. He briefly summarized the history of this issue from his perspective. In December 1995 after the City received a complaint from Richard Wilson, he said he met with Mark Karet, Director of Community Development and Mr. Fegley at the site to try and resolve this matter. Mr. Berg said they came to an agreement as to what would be an appropriate resolution to this problem. He said the berms were to be taken down to the grade stakes after obtainirtga permit. Mr. Berg said after speaking to Mr. Berge, he thought the sale of Mr. Wilson's parcel had gone through and felt no pressure or need to do anything. Mr. Berg did not think he received the first written notice of violation, or he and Mr. Sizemore would have been at the first meeting. He then said he felt there had been a tentative agreement with Mr. Fegley that they did not have to worry about the grading elevation, just to take six feet from the top of the berms. He said Mr. Sizemore took six feet from top off Mr. Berg felt it was unfair for Mr. Sizemore and the Homeowner's Association to have to pay a fine to the City when Mr. Sizemore did what he agreed to do with the City Engineer and now that was not good enough. Kyle Fegley, City Engineer, referred to the direction given to Thad Sizemore and the Ranken Drive Homeowner's Association from the Board at its July 18, 1996 meeting. He said the Board determined the corrective action had to be accomplished by August 4, 1996 or a fine of $250 per day thereafter. Mr. Fegley said Mr. Sizemore did make an attempt to resolve the issue by removing some material from both berms and planting wax myrtles. He said on his inspection of August 6, 1996, Mr. Berge and Mr. Karet were present but not Mr. Berg or Mr. Sizemore. He said the inspection indicated to all present, that the intent of the attachment on the permit had not been met. He said not enough material was removed from the two berms, they were not graded, not sloped 3: 1 or sodded. Mr. Fegley said that on August 7, 1996, the engineering department placed grade stakes at each berm indicating exactly how much dirt must be removed. He then presented a photograph to the Board for review. Mr. Fegley concluded the berms were still three feet above where they should be to comply with the conditions of the permit. The established requirements were then discussed at some length. Placement of the berms as a natural buffer/security structure was also discussed. Krista A. Storey, City Attorney, explained that there was another complicated, potential issue regarding this case which was not before the Board at this time. She said she did not want to go into any detail, but said it involved St. John's Water Management District and the Department of Environmental Protection (DEP). She said that whether this potential issue is a code violation of the City or a matter of the State, Mr. Fegley was not able to ascertain at this time. She also said the outcome of the determination may effect the current Board's Order issued in reference to the berms, which would effect compliance. Ms. Storey said staffwas concerned about requiring Mr. Sizemore to take further action and they another agency require some additional or different action. Mrs. Strong asked Ms. Storey if it would be proper for the Board to make a motion to let this case go until Mr. Fegley hears from St. John's or the DEP. Ms. Storey said yes, that was her and Mr. Fegley's recommendation. She clarified that the current appeal was the City Engineer's determination of non-compliance. She said the issue of the existence of the violation had already been addressed by the Board. Ms. Storey said of those wishing to address the Board, the Board had the right to determine any relevant testimony. She said the issue of compliance was technical, and felt public ...... ." Citizen Code Enforcement Board Minutes - September 19, 1996 Page -4- comments would be irrelevant to the determination. Ms. Storey recommended the Board freeze things as they stand as of September 19, 1996. Chairman Fowler cautioned those wishing to address the Board, that only the testimony pertinent to the height or the legality of said berms would be heard. Richard Martinez, 317 Schooner Avenue, Edgewater, Florida, displayed a poster board with a map and pictures of the location of the berms. Chairman Fowler said the pictures of the berms were irrelevant because they have been altered since the photographs were taken. Mr. Martinez said he would explain, and continued to say he witnessed the installation of the berms in early 1995. He said on August 4, 1996, he looked at what had been done on the berms and noticed exposed asphalt in the berms, which he photographed. Ms. Storey interrupted, saying that was an issue of a possible violation which was not before the Board, and urged caution in hearing testimony related to it. Chairman Fowler told Mr. Martinez the Board would listen to anything related to the appeal. Mr. Martinez sat down. Marty Berge, managing partner with Edgewater Landing, said he disagreed with just about everything Mr. Sizemore and Mr. Berg said. He was about to explain how the piles of dirt came to be there when Mrs. Strong interjected that the Board was only hearing testimony related to the appeal. Mr. Fowler suggested hearing a motion from the Board at this time. Mr. Berge then presented a letter to the Board from a certified surveyor, giving the elevations of the piles before and after, which showed Mr. Sizemore only removed thirty percent of the amount of dirt. Richard Wilson, 20 Plumwood Road, BriarcliffManor, New York, referred to Mr. Fegley's May 6, 1996 memorandum which was attached to the fill permit. He said it was very clear from that memo that the piles of dirt needed to be taken down to 3.4 feet from the reference point, and from the testimony given, it was 6.4 feet from the reference. Mr. Wilson then said on July 18, 1996, the Board ordered the Violators to regrade the property to match the characteristics of the existing terrain by August 4, 1996. He said he was the complainant, then described where his home would be in reference to the dirt piles. Mr. Roberts moved in reference to Case Number 96-CE-0235 to waive the fine because he felt that for security reasons the berms should be allowed. Motion FAILED for lack of a second. Mrs. Strong moved in reference to Case Number 96-CE-0235 that the Board freeze the case until the City hears from St. Johns, the DEP and all involved, seconded by Mrs. Borner. Motion CARRIED 5-1. Mr. Roberts voted no. Chairman Fowler called a brief recess at 6:55 p.m. The meeting was called to order at 7:05 p.m. ....... ...., Citizen Code Enforcement Board Minutes - September 19, 1996 Page -5- 2. Case # 94-CE-0248 - First American Title Insurance Company on behalf of BUD. Requesting fine be waived to reduced. (Failure to connect to the City sewer system, Section 19-31.) Mitch Corriveau, with First American Title Insurance Company, Orlando, Florida, representing the department ofHUD, said the property at 3024 Kumquat Drive went into foreclosure January 24, 1995, and code enforcement filed a lien July 1995, before the foreclosure was completed. Mr. Corriveau said the foreclosure was completed in April 1996, and the property was conveyed under the FHA insured program to HUD. He said the lien was discovered during the title search and shortly thereafter, the necessary permit was obtained to have the property connected to the City sewer system. He said the property was currently under contract for purchase, and respectfully requested the Board consider waiving the fee. Code Enforcement Officer Beverly Kinney-Johnson said the actual cost incurred by the City was $475.00 which she recommended to cover those costs. Mr. Roberts moved to reduce the fine to $475.00, seconded by Mrs. Strong. Motion CARRIED 6-0. To save this case from coming back to the Board and to expedite its closing, Ms. Storey asked the Board to authorize the Chairman to execute the Satisfaction of Lien and acknowledge payment upon receipt of payment of the fine. Mrs. Strong moved to authorize the Chairman, upon payment of the fine, to execute the Satisfaction of Lien, seconded by Mr. Schmidt. Motion CARRIED 6-0. Bob Lee, 893 Catfish Avenue, New Smyrna Beach, Florida, realtor for the buyers, thanked the Board for their decision regarding this case. Chairman Fowler stated the next case to be heard was not on the original agenda. 3. 94-CE-0254 - REMAX All Pro Realty on behalf of Fleet Finance & Mortgage Company. Requesting fine be waived or reduced (Failure to connect to City sewer system, Section 19-31.) Jeri Nehall, REMAX on behalf of Fleet Finance & Mortgage Company, said the property located at 3016 Queen Palm Drive was foreclosed on by Fleet Finance in the early spring of 1996. She said while speaking to Finance Director Fred Munoz on a matter concerning the property, she learned of the violation. She said the violation was corrected, that they had a buyer for the property, and were looking to close on the property October 2, 1996. Ms. Nehall then asked on behalf of Fleet Finance & Mortgage Company that the fine be reduced or waived. She asked if the Satisfaction of Lien could be handled the same as the case before. Code Enforcement Officer Beverly Kinney-Johnson recommended the fine be reduce to $475 to cover costs incurred by the City. Mr. Roberts, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 94-CE-0254 that the fine shall be reduced to $500.00, seconded by Mrs. Bomer. Motion CARRIED 6-0. 'W' ,..., Citizen Code Enforcement Board Minutes - September 19, 1996 Page -6- Krista A. Storey, City Attorney, requested the Board authorized the Chairman to execute the Satisfaction of Lien and acknowledge payment upon payment of the fine. Mrs. Strong moved to authorized the Chairman to execute the Satisfaction of Lien upon payment, seconded by Mr. Schmidt. Motion CARRIED 6-0. NEW BUSINESS: Krista A. Storey, City Attorney, requested the first case be heard later in the evening because the officer presenting the case was not present at the time. 2. Case #96-CE-0413 - TT-SP-CR Investment Co. C/o Marin J. Pryor. Fence in disrepair; slats missing and broken, fencing partitions not secured, leaning towards right-of-way and to eastern property owner, Section 706.00(a). Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed on July 31, 1996 and was to be corrected by August 11, 1996. After inspecting the property on August 22, 1996, Ms. Johnson found no corrective action had taken place. Photographs were presented to the Board for review. Ms. Johnson said Mr. Spiro contacted her office on September 17, 1996, and stated the problem would be corrected. On September 19, 1996, Ms. Johnson reinspected the property and observed no correction action had occurred. Later that same day, Mr. Spiro called saying he was getting estimates on repairing and replacing the fence. Because the fence had not been properly maintained, Ms. Johnson recommended the Violator be given until October 1, 1996 to correct the violation or a fine of$50.00 per day be imposed. Mrs. Bomer, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0413 that a violation of Section 706.00(a) 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 October 1, 1996 to correct the violation and that a fine of $100.00 be imposed for each day the violation continues past that date, seconded by Mrs. Strong. Motion CARRIED 6-0. 1. Case #96-CE-414 - SOS Security Systems, Inc., Petronella Uyttewaal, Office Manager, on behalf of Sherry Huskey. Excessive false alarms declared a public nuisance, Section 12-66. Paulette Tubbs, Records Supervisor/Public Information Officer for the Edgewater Police Department reported the Police Department responded to six (6) false alarms (May 18, 1996, May 27, 1996, June 14, 1996, July 6, 1996, July 11, 1996, and July 12, 1996) at 3223 Unity Tree Drive. She said the alarm reports did not indicate any violent weather conditions or extraordinary circumstances existed on the dates in questions, and recommended the Board uphold the false alarm determination. Sherry Huskey, 3223 Unity Tree Drive, Edgewater, Florida, said since the alarm kept going off, she tried taking the battery out of the motion detector. She then had SOS heighten the pet alley even though she did not think her 18 pound cat could jump high enough to set off the alarm. Ms. Huskey said one day she did observe her cat jump up on the TV, which set off the alarm. She said she no longer has the cat and the alarm had not gone off since. .... ......., Citizen Code Enforcement Board Minutes - September 19, 1996 Page -7- Krista A. Storey, City Attorney, reminded the Board what constitutes a false alarm and read a section of the ordinance. Mrs. Bomer, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0414 that the fine shall be reduced to $50.00 and shall be due and payable within 30 days, seconded by Mr. Cowan. Motion CARRIED 4-2. Mrs. Strong and Mr. Schmidt voted no. 3. Case # 96-CE-0491 - Ralph & Cheryl J. Gonzalez, Jr.. Uncontained trash on property, Section 717.03 and trash cans left at right-of-way, Section 19-67. Code Enforcement Officer Beverly Kinney-Johnson reported she first observed the violations on August 12, 1996 and were to be corrected by August 26, 1996. She stated there had been numerous complaints in the past regarding uncontained trash and the trash cans being left at the right-of way. Ms. Johnson inspected the property on August 27, 1996, and noticed the trash cans had been moved, but there was uncontained trash near the trash cans. She said on September 12, 1996, Acting Code Enforcement Officer Charlane Runge determined the property was in compliance. Photographs were presented to the Board to review. Ms. Johnson said she spoke to the property owner's daughter on August 27, 1996, and was told by her the trash was caused by dogs. Because of the past history of violations, Ms. Johnson recommended the Violators be found to have been in violation and ordered to refrain from future violations or risk enforcement action as a repeat violator. Cheryl Gonzalez, 1859 Sabal Palm Drive, Edgewater, Florida, said as soon as someone buys her home she will be out of Edgewater. Mrs. Gonzalez felt she was being singled out for a number of things which seemed to be all right for others. She said her daughter told her that dogs had gotten into the trash the day of the citation. Mrs. Gonzalez continued to discuss past events and violations. Mrs. Bomer, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0491 that a violation of Sections 717.03 of the Edgewater Zoning Ordinance and 19-67 of the Edgewater Code of Ordinances did occur and the alleged Violator committed the violation. The Violator is hereby ordered to refrain from future violations. Failure to keep the property in compliance may result in enforcement action as a repeat violation, in which case a fine of up to $500.00 per day may be imposed from the date the repeat violation is found to have occurred by the Code Enforcement Officer, seconded by Mrs. Strong. Motion CARRIED 6-0. 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 7:57 p.m. Minutes respectfully submitted by: Elizabeth J. McBride, Board Coordinator Citizen Code Enforcement Board c: \ceblminutes\091996.reg