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01-16-1997 ~ ~ ....", CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES January 16,1997 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 5:31 p.m., Thursday, January 16, 1997. ROLL CALL: Members present were Chairman Anthony Fowler, George Cowan, Frank Roberts (arrived at 5:38 p.m.), Maureen Borner, Joan Strong, and Donald Schmidt. Also present were Beverly Kinney- Johnson, Code Enforcement Officer; Krista A. Storey, City Attorney; Mark P. Karet, Director of Community Development; and Liz McBride, Board Coordinator. Dennis Vincenzi was recorded absent. APPROVAL OF MINUTES: Mrs. Strong moved to accept the minutes of November 16, 1996, seconded by Mrs Borner. Motion CARRIED 5-0. SWEARING IN OF WITNESSES: Chairman Fowler 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 and Don Lewis representing Eastern Shores Mobile Village were sworn in at this time. Scott Beiderman, 2417 Guava Drive, Edgewater, Florida was sworn in at the start of Case #96-CE-0771. CASES IN COMPLIANCE/CONTINUED/WITHDRA WN: * 96-CE-0732, Robert A. & Sandra C. Tyler, in compliance UNFINISHED BUSINESS: 1. Case #92-CE-0360 - Thomas J. Richards. In a December 18, 1996 memorandum to the Code Enforcement Board, Krista A. Storey, City Attorney, stated that on May 20, 1993, the Board acknowledged payment of $930 and authorized the Chairman to sign the Satisfaction of Lien. She said the Satisfaction was never signed by the Chairman or recorded. Ms. Storey then asked the Board to acknowledge that the fine was paid and to authorize the Chairman to execute the Satisfaction of Lien. Mr. Schmidt moved to accept the Satisfaction of Lien, seconded by Mrs. Borner. Motion CARRIED 6-0. '-'" ..""" Citizen Code Enforcement Board Minutes - January 16, 1997 Page -2- NEW BUSINESS: 1. Case #96-CE-00624 & 96-CE-0624(A) - Jimmy D. Owens, Trustee and Scott Beiderman dba Southern Coatings. Drums and other items discarded on property, repeat violation of Section 717.03. Code Enforcement Officer Beverly Kinney-Johnson first observed the violation on October 3, 1996. She stated the Violators were previously found in violation Section 717.03 on April 18, 1996, and abated the violation seven days after the compliance date. Ms. Johnson said since the notices of repeat violation, sent to both Violators, were returned unclaimed, the property and City Hall were then posted on November 18, 1996. After reinspecting the property on January 16, 1997, Ms. Johnson observed no corrective action had taken place. Photographs were presented to the Board for review. Ms. Johnson said neither Mr. Beiderman nor Mr. Owens had contacted the office concerning this case. She then recommended a fine of $300 per day be imposed on Mr. Owens and a fine of $500 per day be imposed on Mr. Beiderman beginning October 3, 1996, and continuing until the violation is abated. Discussion continued as to what was in the drums, what type oflicensing Mr. Beiderman had, and how many times the Violators were cited. It was then questioned whether the material in the drums was hazardous. Ms. Johnson said the County Environmental Department had previously been contacted concerning the drums' contents. Mrs. Bomer, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0624 and 96-CE-0624(A) 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 $500 for Jimmy D. Owens, Trustee and Scott Beiderman be imposed beginning October 3, 1996, the date the repeat violation was found to have occurred by the Code Enforcement Officer, seconded by Mrs. Strong. Motion CARRIED 6-0. 2. Case #96-CE-0723 - Ray and Burma Fisher. Plan for outside display/storage not approved by City prior to placement of goods, Section 1l01.3A. Outside display to be limited to goods normally associated with an outdoor use, Section 1l01.3D. Appliances outside with doors on, Section 1O-8C. Code Enforcement Officer Beverly Kinney-Johnson reported she first observed the violations on October 24, 1996, and were to be corrected by November 11, 1996. After inspecting the property on November 11, 1996, Ms. Johnson noted everything but the metal framing had been removed. She reinspected the property on December 19, 1996, an~ observed the metal framing had been removed, but because of past code enforcement action, she felt it was important the Board hear this case. Ms. Johnson said Chris Fisher called the office in November and implied he would remove the items at this time, but would put them back out after the Board meeting. Ms. Johnson then recommended the Violator be found to have been in violation and ordered to refrain from future violations or risk enforcement action as a repeat violation with a maximum fine of $500 per day being imposed from the date the repeat violation is found to have occurred by the Code Enforcement Officer. ~ ..""" Citizen Code Enforcement Board Minutes - January 16, 1997 Page -3- Mr. Schmidt, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0723 that a violation of Sections 1101.3A&D of the Edgewater Land Development Code and 1O-8C 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 per day may be imposed from the date the repeat violation is found to have occurred by the Code Enforcement Officer, seconded by Mr. Roberts. Motion CARRIED 5-1. Chairman Fowler voted no. 3. Case #96-CE-0771(A)&(B) - Scott Beiderman dba Southern Coatings and Jimmy D. Owens, Trustee. Uncontained trash, plastic, wood and other items on property, Section 717.03. Code Enforcement Officer Beverly Kinney-Johnson reported first observing the violation on November 6, 1996, and since the Violators were found in repeat violation on July 18, 1996, a Notice of Repeat Violation and Hearing was sent. Because the notice sent to Mr. Owen's was returned unclaimed, Ms. Johnson posted the hearing notice on property and at City Hall. Ms. Johnson reinspecting the property on January 16, 1997, and found no corrective action had been taken. Photographs were presented to the Board for review. Ms. Johnson concluded by recommending a fine of$500 per day be imposed for every day the violation continued past November 6, 1996 for Mr. Beiderman and Mr. Owens. Scott Beiderman dba Southern Coatings, 2417 Guava Drive, Edgewater, Florida, stated he had fallen off a roof a month ago and was unable to get around. He said he had a dumpster which was being loaded, but that other people were dumping items on the vacant lot. Mr. Beiderman said roofing tiles and other debris behind the shop were also being removed at Ms. Johnson's request. He felt he had cleaned up his items from the vacant lot, and that he also had one hundred drums removed from the shop area. Chairman Fowler asked Mr. Beiderman if he had received notices from the City concerning the violations and the fines imposed, and ifhe read them. Mr. Beiderman said yes. The Chairman then asked why he waited until now to talk to anyone when hundreds of dollars a day in fines were being imposed. The Chairman asked Mr. Beiderman ifhe understood the seriousness of the situation. Mr. Beiderman answered yes. Chairman Fowler asked Mr. Beiderman if he had had any contact with the Mr. Owens, the property owner, concerning the violations. Mr. Beiderman said he hadn't spoken to him. Discussion followed on the excessive fines owed by the Violators. Krista A. Storey, City Attorney, informed Mr. Beiderman that the City had an option of forclosing against any personal or real property he owns not just Mr. Owen's property. Mr. Beiderman expressed concern over the consequences. Mr. Beiderman said he wanted to clean up what was his, but most of the items were there when he moved in. Mr. Roberts said the problems should have been addressed before such extensive fines had been imposed. Mr. Beiderman said he had done everything Ms. Johnson asked him to do in the past. ...... ....., Citizen Code Enforcement Board Minutes - January 16, 1997 Page -4- Mrs. Borner, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0771 (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 a fine of $500 for Scott Beiderman and also a fine of $500 for Jimmy D. Owens, Trustee be imposed beginning November 6, 1996, the date the repeat violation is found to have occurred by the Code Enforcement Officer, seconded by Mrs. Strong. Motion FAILED 4-2. Chairman Fowler and Messrs. Cowan, Roberts and Schmidt voted no. After discussion on unrelated matters, Chairman Fowler asked if the trash on the vacant lot belonged to Mr. Beiderman. Mr. Beiderman looked at the photographs that were presented to the Board, and the Chairman asked him if any of the items were his. Mr. Beiderman said some of the plastic was his and that he had picked it up that afternoon. After further discussion, Ms. Storey reminded the Board Mr. Beiderman had been previously cited on this vacant parcel, and at that time he had not indicated the items in question did not belong to him. Ms. Storey advised Mr. Beiderman when he receives notices of violation which are not his, he needs to come before the Board and inform them so he will not accrue fines. Mr. Roberts, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0771(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 a fine of $100 per day for Scott Beiderman and a fine of$500 per day for Jimmy D. Owens, Trustee be imposed beginning January 16, 1997. Motion FAILED for lack ofa second. Mr. Schmidt, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0771(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 eliminated from this case and that a fine of $500 per day for Jimmy D. Owens, Trustee be imposed beginning January 16, 1997, seconded by Mrs. Borner. Motion CARRIED 6-0. Since Mr. Beiderman did not understand the outcome of the proceedings, the Chairman explained. Ms. Storey reiterated that Mr. Beiderman not ignore future notices. Before the start of the next case, Mr. Beiderman returned to question if the $51,000 lien was against him. The Board discussed other outstanding fines against him. Mr. Beiderman then asked what the City wanted him to clean up. Ms. Storey recommended contacting Ms. Johnson, since she cited him. Mr. Beiderman asked to meet with Mark P. Karet, Director of Community Development, at the site on Tuesday , January 21, 1997, which he agreed to do. The Chairman called a brief recess at 6:55 p.m., and called the meeting back in order at 7:03 p.m. '-'" ...., Citizen Code Enforcement Board Minutes - January 16, 1997 Page -5- 4. Case #96-CE-0785 - Eastern Shores Mobile Village. Appliances, furniture and other items on property, Section 717.03. Code Enforcement Officer Beverly Kinney-Johnson reported first observing the violation on October 30, 1996. Since the Violator and tenant Don Lewis were found in repeat violation on October 19, 1995, a Notice of Repeat Violation and Hearing was sent to Eastern Shores Mobile Village. Ms. Johnson reinspecting the property on January 16, 1997, and found a few items had been removed. Photographs were presented to the Board for review. Ms. Johnson stated that property owner Sheldon Vidabor contacted the office on November 25 1996, and stated he would call "Betty" who would have the tenant clean up the property. On December 12, 1996, Don Lewis called the office and asked to be sent a copy of the notice of violation hearing because he wanted to address the Board on this case. Ms. Johnson then recommended that a fine of $250 per day be imposed on the Violator beginning October 30, 1996. Mr. Roberts asked if the owner was the same as when first cited. Ms. Johnson said yes, Mr. Vidabor was the owner and Don Lewis was the tenant. She said Mr. Lewis wasn't cited for this violation since it was unknown if he was still the tenant. Don Lewis, 107 Coquina Drive, Edgewater, Florida, said there was no question the junk was his. He explained he had put all the items outside so the house could be fixed for his wife to start an antique business. He said in the mean time, he had surgery and couldn't do anything for eight weeks. Mr. Lewis said as soon as he got better, his wife went into the hospital, and he was "strapped down" for at least three months. He said his wife was still sick, and he was having a rough time. Mr. Lewis acknowledged he should have cleaned up the property the same day but he didn't. Mr. Schmidt asked Mr. Lewis if the items were still there. Mr. Lewis said they were gone. Ms. Johnson said the items were still there around 11:30 a.m. when she took photographs of the property. Mr. Lewis then said he called the office January 16, 1997, and Ms. Johnson said everything was cleaned up. Ms. Johnson disagreed, saying she had not spoken to Mr. Lewis that day. Mr. Lewis then said Ms. Johnson told "Betty" everything was cleaned up. Ms. Johnson reiterated, she did not speak to anyone on January 16 concerning the property. Mr. Lewis still insisted he spoke to Ms. Johnson and that she said everything was alright. Ms. Johnson stated, the only time she talked with Mr. Lewis was on December 12, 1996, when he called the office requesting a copy of the notice of hearing. Mr. Schmidt, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0785 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 $100 a day be imposed beginning February 1, 1997, seconded by Mr. Roberts. Motion CARRIED 5-1. Mrs. Bomer voted no. DISCUSSION ITEMS: None at this time ....., ..., Citizen Code Enforcement Board Minutes - January 16, 1997 Page -6- 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 7:20 p.m. Minutes respectfully submitted by: Elizabeth J. McBride, Board Coordinator Citizen Code Enforcement Board c:\Seb\minutes\O 11697.reg