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02-20-1997 ~-,~~\>.~ '-" """-' CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES February 20,1997 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, February 20, 1997. ROLL CALL: Members present were Chairman Anthony Fowler, George Cowan, Frank Roberts, Maureen Borner, Joan Strong, and Dennis Vincenzi. 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. Donald Schmidt was recorded absent. APPROVAL OF MINUTES: Mrs. Strong moved to accept the minutes of January 16, 1997 as presented, seconded by Mrs. Borner. Motion CARRIED 6-0. 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; Mrs. Lacknaught, 975 Volco Road, New Smyrna Beach, Florida; and Wendy Shorts, 3027 Queen Palm Drive, Edgewater, Florida, were sworn in at this time. Dashrat Lacknaught was sworn in near the conclusion of "Unfinished Business". CASES IN COMPLIANCE/CONTINUED/WITHDRA WN: * 96-CE-0693V, Medford R. & Laura Dreggors, Jr., in compliance * 96-CE-0820V, Donald 1. & Debra 1. Langford, in compliance * 96-CE-0837V, Shiloh S. Wagers, in compliance * 96-CE-0859, David Arthur Saltsman, in compliance '-" ,.." Citizen Code Enforcement Board Minutes - February 20, 1997 Page -2- UNFINISHED BUSINESS: 1. 94-CE-0122 & 96-CE-0455 - Halifax Court Condo Association. Mrs. Lacknaught, majority property owner, requesting to address the Board on the accumulated fines. Mrs. Lacknaught, 975 Voleo Road, New Smyrna Beach, Florida, said when the violation (dumpster fence in disrepair) was brought to her attention, she had the fence fixed. She stated she tried to contact the president of the condo association, but he never followed through on what needed to be done. Mrs. Lacknaught said she is trying to become an active board member, and get the organization set up the way it should be. She felt she couldn't take any action before, because she was not a board member. She said when a title search turned up the liens on the property, the City was then informed the violation had been corrected. Upon inspection by the Code Enforcement Officer, the case was then signed in compliance. Code Enforcement Officer Beverly Kinney-Johnson summarized the two cases. She stated case number 94-CE-0122 was brought before the Board on June 23, 1994, and at that time, the Board determined an accessory structure was placed on the property without a permit in the required setback areas and an untagged Jeep truck was on the property. Ms. Johnson said the Violator was given until July 1, 1994 to correct the violations or a fine of$30.00 per day would be imposed. She said Halifax Court Condo Association was notified the violations were abated on August 15, 1995, and that a fine of$12,240.00 accrued. Ms. Johnson said case number 96-CE-0455 was brought before the Board on October 17, 1996. She stated the Board determined there was uncontained trash and a dumpster enclosure in disrepair on the property. She said the Violator was given until November 1, 1996 to correct the violations or a fine of $50.00 per day would be imposed. Ms. Johnson said Halifax Court was notified the violations were abated on January 27, 1997, and that a fine of $8,600.00 accrued Ms. Johnson stated other properties owned by the Lacknaughts appeared to be adequately maintained. She said since the Lacknaughts would be the majority property owners maintaining Halifax Court Condominiums, she recommended the fines be reduced to $424.00 for case number 94-CE-0122, and $395.00 for case number 96-CE-0455, which totaled $819.00. Mr. Roberts moved to reduce the fine to $819.00. Mrs. Lacknaught said she did not own any property at the time of the first violation, and felt she should not be responsible for the fine. There was a brief discussion on the ownership of the property. Dashrat Lacknaught, Mrs. Lacknaught's husband, explained that when they purchased 22 out of the 28 units, there was no association in effect, and they have been trying to make the necessary repairs. He also indicated they did not receive any notices for the violations. Mr. Roberts repeated that he made a motion to accept the recommendation of the City to reduce the fines to $819.00, seconded by Mrs. Strong. Motion CARRIED 6-0. "-" ...., Citizen Code Enforcement Board Minutes - February 20, 1997 Page -3- NEW BUSINESS: 1. Case #96-CE-0843 - Donald L. & Wendy Shorts. Automotive repair not a permitted use in residential district, Section 1101.01. Code Enforcement Officer Beverly Kinney-Johnson reported she observed the violation between October 16, 1996 and December 2, 1996, and viewed a video tape provided by a concerned citizen of the neighborhood. On December 17, 1996, she said a notice of violation was sent giving two days to correct. Ms. Johnson explained, Mr. Shorts has a home occupational license for a "mobile" motor vehicle repair business which allows him to go to a vehicle to make needed repairs. Upon reinspection of the property on December 19, 1996, she determined the property was in compliance, but because of the evidence shown on the video, felt the Board should hear this case. The Board then viewed the video. Ms. Johnson said she spoke to Mr. Shorts a few times, but he did not understand the reason for code enforcement action. On January 17, 1997, she said Mr. Shorts met with her and Mark Karet, Director of Community Development, to discuss the reason for code enforcement action and the consequences of future repeat violations. Ms. Johnson concluded by recommending the Violator be found to have been in violation and ordered to refrain from future violations or risk enforcement action as a repeat violator with a fine of up to $500.00 per day each day the violation continues. Wendy Shorts, 3027 Queen Palm Drive, Edgewater, Florida, said when the mobile license was applied for, she asked what it permitted them to do. She said her husband spoke to "the gentleman in charge of Code Enforcement" who told him as long as he was in his garage, there was no problem. She said when she received the notice of violation dated December 17, 1996, she told her husband not to do any more work on vehicles. Mrs. Shorts then explained problems within the neighborhood. Mrs. Shorts said the last car that her husband worked on was a friends, and he did it as a favor. Mr. Roberts asked to refrain from voting because he knew certain circumstances of the case. Krista A. Storey, City Attorney, stated that technically, unless Mr. Roberts had a financial interest in the case, he was required to vote. She said if he wanted to excuse himself from this portion of the meeting, he may do so. Mr. Roberts excused himselfby leaving his seat. Discussion continued on what a mobile license permitted. Mrs. Shorts said all the cars worked on belonged to friends. Mrs. Bomer, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 96-CE-0843 that a violation of Section 602.04.2 (a) & (b) of the Edgewater Zoning Ordinance 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 violator, 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 Mr. Vincenzi. (Chairman Fowler then asked Mark P. Karet, Director of Community Development if it was a violation for a person to help a friend repair a car. Mr. Karet,said it would not be a violation ifno money changed hands.) Motion CARRIED 3-2. Mr. Cowan and Chairman Fowler voted no, and Mr. Roberts was not present for the vote. ..... ..., Citizen Code Enforcement Board Minutes - February 20, 1997 Page -4- 2. Case #97-CE-0026 - Paul Stonecipher. Occupational license required. Payment for license #753, with check # 1411, void due to insufficient funds. Sections 11-1 and 11-2. Code Enforcement Officer Beverly Kinney-Johnson reported the case was referred to her when a check used to renew an occupation license to do drywall work in the City was returned for insufficient funds. She said the Building Division had contacted Mr. Stonecipher on three different occasions before the January 13, 1997 notice of violation was sent, setting January 23, 1997 as the date for compliance. Ms. Johnson stated, as of close of business February 20, 1997, the Finance office reported no payment had been received. Ms. Johnson recommended the Violator be given until March 1, 1997 to correct the violation or a fine of$100.00 per day be imposed. Mr. Roberts asked if it was a requirement to be state certified to get an occupational license. Ms. Johnson said no, not a sub-contractor. Mr. Roberts said he was classified the same, and was required to show state certification before getting his occupational license. He asked for clarification, because a drywaller was considered a speciality contractor and required state certification. Mark P. Karet, Director of Community Development, said it could be verified if Mr. Stonecipher needed to be certified or registered, but in any case, still needed an occupational license. Mr. Karet said the case could be continued until next month or it could be withdrawn. Mr. Roberts moved to continue the case until state requirements are clarified, seconded by Mrs. Strong. Motion CARRIED 6-0. 3. Case #97-CE-0047 - Surrey Ridge Inc. Semi tractor with trailer on property. Section 712.00 (a)-(c). Code Enforcement Officer Beverly Kinney-Johnson reported she first observed the violation on January 16, 1997, and was to be corrected January 27, 1997. She said a gentlemen called her office and stated the semi tractors and trailers would be removed by February 3, 1997. Upon inspection of the property February 3, 1997, Ms. Johnson noticed a semi tractor on the property. She said a letter from Peny Barrett was received on February 12, 1997, stating the trailers had been removed. When Ms. Johnson inspected the property on February 13, 1997, she observed a semi on the property and was able to speak to its driver. She said it was agreed he would be given a few days to find another location to store the semi. Ms. Johnson stated she had not seen any commercial vehicles on the property since February 13, 1997, but since there had been a chronic problem of commercial vehicles being stored on the property, she felt the Board should hear the case. Photographs were presented to the Board for review. 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 violator with a maximum fine of $500.00 per day for each day the violation continues. Mr. Vincenzi, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 97-CE-0047 that a violation of Section 712.00 (a) & (b) of the Edgewater Zoning Ordinance 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 violator, 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 Mr. Cowan. Motion CARRIED 6-0. ..... .." Citizen Code Enforcement Board Minutes - February 20, 1997 Page -5- DISCUSSION ITEMS: CODE ENFORCEMENT COMMENTS: Code Enforcement Officer Beverly Kinney-Johnson asked if the Board would be willing to move the regular May meeting date to May 22, 1997. All agreed on the change. ADJOURNMENT: There being no further business to come before the Board, a motion was made and accepted to adjourn. The meeting adjourned at 6:36 p.m. Minutes respectfully submitted by: Elizabeth 1. McBride, Board Coordinator Citizen Code Enforcement Board c:\ceb'minutes\022097.reg