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08-21-1997 "" ~,"-, ~., \ '( '-' ....., CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES August 21,1997 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 5:35 p.m., Thursday, August 21, 1997. ROLL CALL: Members present were Chairman Anthony Fowler, George Cowan, Maureen Bomer, 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. Mr. Roberts, Mrs. Strong and Mr. Schmidt were absent. APPROVAL OF MINUTES: Mrs. Bomer moved to accept the minutes of May 28, 1997 as presented, seconded by Mr. Cowan. Motion CARRIED 4-0. 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 Mary Mussetter, 158 Gary Avenue, Oak Hill, Florida, were sworn in at this time. CASES IN COMPLIANCE/CONTINUED/WITHDRA WN: · 97 -CE-0462, Jimmy D. Owens, Trustee, in compliance · 97-CE-0539, James George Vanish, in compliance · 97-CE-0583(A), Dewind Dewatering, in compliance · 97-CE-0583(B), Alfred G. Rowe, Jr., in compliance · 97-CE-0461, Jimmy D. Owens, Trustee, continued UNFINISHED BUSINESS: 1. Case #92-CE-0900 - Frank & Mary Mussetter & Gail Cook. Krista A. Storey, City Attorney, requested the Board acknowledge receipt of a fine amount of $210.00 plus costs, and authorize the Chariman to execute the Satisfaction of Lien. Mr. Vincenzi so moved, seconded by Mrs. Bomer. Motion CARRIED 4-0. . ,..,. Citizen Je Enforcement Board Minutes - August 21, 1997 Page -2- 2. Frank & Mary Mussetter & Gail Cook. Mary Mussetter protesting the fine against her. Mary Mussetter, 158 Gary Avenue, Oak Hill, Florida, said she owns the property in question, but had no knowledge of the violations or any letters sent to the property. She said she was unaware of any problems until she tried to purchase another house, and found there was a lien against her. Mrs. Mussetter said if she knew of the problems she would have taken care of them right away. Code Enforcement Officer Beverly Kinney-Johnson reported the Board first heard this case on December 17, 1992, and determined that the Violators were in violation of Section 717.03 of the Edgewater Zoning Ordinance. Ms. Johnson presented photographs taken October 30, 1992, to the Board for review. At the December 17, 1992 meeting, the Board ordered the Violators to abate the violation by January 3, 1993, or a fine of $30.00 per day would be imposed. A total of $210.00 accrued before the violation was abated. Ms. Johnson indicated the certified Notice of Violation Hearing had been signed by someone at the residence, and no correspondence from the City had been returned by the Post Office. She described numerous conversations, on various dates, the Board Coordinator had with Gail Cook and Ms. Mussetter. Ms. Johnson said procedures to appear before the Board had been explained to Ms. Cook on February 16, 1993. Ms. Johnson felt the City had incurred, at a minimum, the $210 lien amount, and recommended the Board not waive or reduce the fine amount. Chairman Fowler asked Ms. Mussetter who Gail Cook was, and if she was living at the residence at the at the time of the violation (1992-1993). Ms. Mussetter said it was her daughter, and she lived at the residence during that time. She said Ms. Cook didn't tell her anything about the violation. Ms. Mussetter stated she never called the City. The Chairman said her daughter must have received the letters because she made the effort to clean up the situation within a week of the Order. He said since the property was joint, it was Ms. Cook's responsibility and well as Ms. Mussetter's. The Board questioned Ms. Mussetter further. Mr. Vincenzi, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 92-CE-0900 that the fine shall not be reduced, seconded by Mrs. Borner. Motion CARRIED 4-0. NEW BUSINESS: 5. Case #97-CE-0643 - Surf Construction & Development Co. Cinder block, wood and other items on property, Section 717.03. Code Enforcement Officer reported she first observed the violation on July 17, 1997, and was to be in compliance by August 3, 1997. Ms. Johnson inspected the property on August 4, 1997, and found no corrective action had been taken. She stated the property appeared to be vacant, and no occupational license was active for the location. A photograph was presented to the Board for review. After reinspecting the property on August 15, 18 and 21, 1997, Ms. Johnson observed no corrective action had taken place and recommended the violator be given until September 1, 1997 to correct the violation or a fine of $100 per day be imposed. Mrs. Borner, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 97-CE-0643 that a violation of Section 717.03 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 ... .. '-' Citizen de Enforcement Board Minute~August 21, 1997 Page -3- violations committed by the Violator, further moved that the Violator be given until September 1, 1997 to correct the violation and that a fine of $100 be imposed for each day the violation continues past that date, seconded by Mr. Cowan. Chairman Fowler asked Ms. Johnson what was the pertinence to her statement concerning the occupational license issue. Ms. Johnson said if a licensed business was working at the location who required the items in question as accessories to their business, there would be no violation. But, she said, the building appears to be abandoned, and the items had just been left there. The Chairman questioned the severity of the fine amount. Ms. Johnson explained, in the past if the alleged violator contacted the office, the recommendation would be $50 per day, and if no contact had been made, the fine would be $100 per day. The Chairman said there was a motion and second to accept the recommendation of staff: and asked for a roll call. Motion CARRIED 3-1. Chairman Fowler voted no. 6. Case # 97-CE-0653 - Surf Construction and Development Co. Weeds in excess of 12 inches on rear property, Section 10-91. Code Enforcement Officer Beverly Kinney-Johnson reported she first observed the violation on July 17,1997, and was to be in compliance by August 5,1997. After reinspecting the property on August 5, 15, 18 and 21, 1997, Ms. Johnson found no corrective action had been taken. A photograph was presented to the Board for review. Ms. Johnson informed the Board that normally when a property was vacant, Public Works would be requested to cut the lot. Because discarded items existed on the property, she said this was not possible. Ms. Johnson then recommended the Violator be given until September 1, 1997 to correct the violation or a fine of $100 per day be imposed. Mrs. Borner, after hearing the testimony presented and the recommendation of staff: moved in reference to Case Number 97 -CE-065 3 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, 1997 to correct the violation and that a fine of $100 be imposed for each day the violation continues past that date, seconded by Mr. Vincenzi. Motion CARRIED 3-1. Chairman Fowler voted no. 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 6:03 p.m. Minutes respectfully submitted by: Elizabeth J. McBride, Board Coordinator Citizen Code Enforcement Board c:lceb\minutesI082197.reg