09-18-1997
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING MINUTES
September 18,1997
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, September 18, 1997.
ROLL CALL:
Members present were Chairman Anthony Fowler, Frank Roberts, Maureen Bomer and Joan Strong.
Also present were Beverly Kinney-Johnson, Code Enforcement Officer; Paulette Tubbs, Police
Department Records Supervisor/Public Information Officer; Mark P. Karet, Director of Community
Development; and Liz McBride, Board Coordinator. George Cowan, Dennis Vincenzi and Donald
Schmidt were absent.
APPROVAL OF MINUTES:
Mrs. Bomer moved to accept the minutes of August 21, 1997, seconded by Mr. Roberts. Motion
FAILED. 2-2. Mr. Roberts and Mrs. Strong didn't vote because they were absent from the August
21, 1997 meeting, therefore there was not a quorum.
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. Ms. Johnson,
Ms. Tubbs, and Bob Collard, All Golf, 1413 S. Ridgewood Avenue, Edgewater, were sworn in at
this time. Gertrude Angus, 2613 Umbrella Tree Drive, Edgewater, was sworn in before case #97-
CE-0845.
CASES IN COMPLIANCE/CONTINUED/WITHDRA WN:
· 94-CE-0095, Alonzo & Caroline Stokes, Jr., continued
· 97-CE-0755, Herman Saunders, in compliance
UNFINISHED BUSINESS:
None at this time
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Citizen Code Enforcement Board
Minutes - September 18,1997
Page -2-
NEW BUSINESS:
1. Case #97-CE-0821 - Eugene R. Collard. Excessive false alarms. Section 12-66, Edgewater
Code of Ordinances. Paulette Tubbs, Records Supervisor/Public Infonnation Officer for the
Edgewater Police Department reported the Police Department responded to false alarms at 1413 S.
Ridgewood Avenue. She said the alarm reports did not indicate any violent weather conditions or
extraordinary circumstances existed on the dates in question, and recommended the Board uphold
the false alarm determination.
Bob Collard, All Golf, 1413 S. Ridgewood Avenue, Edgewater, felt the City was fining the wrong
party, and that those installing alann systems should be licensed to do so. He explained problems he
had experienced, starting from the when Scott Alarms first installed the alarm system to his numerous
phone calls for service. Mr. Collard said the problems were always with the motion detector and felt
Scott Alarms should be responsible for the fine. The Board suggested several ways for Mr. Collard
to be reimbursed by the alarm company for the fine. Chairman Fowler read the definition of a false
alarm, emphasizing the "alann user" not alann installer was responsible for false alarms. Mr. Collard
discussed the incompetence of alann companies, and said anyone could install alarm systems because
they didn't need a license.
Mr. Roberts asked Mr. Karet to inform the Board of the licensing requirements. Mark P. Karet,
Director of Community Development, said Scott Alarms Company was licensed by the State, but not
locally because their primary location was not in Edgewater. He said individual installers are not
required to be licensed. Mr. Roberts asked if the property owner or alarm company would obtain
a permit. Mr. Karet said the business owner would register their alarm system with the City. He said
it was not a license to install, rather to notifY City they have an alarm system.
Mr. Roberts after hearing the testimony presented and the recommendation of staff, moved in
reference to Case Number 97 -CE-0821 that the false alarm determination be upheld because the
alarm was activated through mechanical failure, malfunction, improper installation, or other
negligence of the alarm user. Accordingly, a fine of$50 shall be due and payable within 30 days,
seconded by Mrs. Bomer. Motion CARRIED 4-0.
2. Case #97-CE-0845 - Gertrude Ann Angus. Excessive false alarms. Section 12-66, Edgewater
Code of Ordinances. Paulette Tubbs, Records Supervisor/Public Information Officer for the
Edgewater Police Department reported the Police Department responded to false alarms June 23,
June 24, July 4, July 5, and July 6, 1997, at 2613 Umbrella Tree Drive. She said the alarm reports
did not indicate any violent weather conditions or extraordinary circumstances existed on the dates
in question, and recommended the Board uphold the false alarm determination.
Gertrude Angus, 2613 Umbrella Tree Drive, Edgewater, stated she left for vacation on June 21,
1997, and returned August 7, 1997. Ms. Angus said friends watching her home notified her of the
Alarm Reports left on the front door. Ms. Angus said she gave the friends the code to disarm the
alann system. Ms. Angus stated that after arriving home, she found a screen had been removed from
a garage window. She felt an alann sounded as an intruder tried to gain access through a door which
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Citizen Code Enforcement Board
Minutes - September 18,1997
Page -3-
New Business:
leads from the garage into the home. She said the alarm had been tampered with several times. Ms.
Angus said when the intruder tried to turn off the alarm system, they turned off the circuit breakers
for the refrigerator and freezer, causing the loss of hundreds of dollars in food. Ms. Angus said she
filed a police report on August 7, 1997, which was still under investigation. She said Peter Stanton,
alarm system installer, check her alarm and said everything was working properly. Ms. Angus could
not say when access was gained to the residence, and said there could have been several attempts.
Mr. Roberts said the Alarm Reports did not show any break-in attempts. Officer Tubbs said she
could only go by what was on the reports and that it was still under investigation. Chairman Fowler
was concerned about the Board making a decision before the investigation was completed.
Mrs. Strong moved to hold the case until hearing the outcome of the investigation when it's
completed, seconded by Mrs. Bomer. Motion CARRIED 3-1. Mr. Roberts voted no.
Chairman Fowler said the Board may want to set a time limit, and set a date for the Board to rehear
the case. Officer Tubbs said it could take up to six months to make a determination. The Chairman
felt six months was too long to keep Ms. Angus holding on. Officer Tubbs said perhaps in three
months the investigators could make a decision.
Mrs. Strong moved to amend the previous motion to set a rehearing of the case for January 15, 1998,
seconded by Mrs. Bomer. Motion CARRIED 3-1. Mr. Roberts voted no.
3. Case #97-CE-0469(A) - Michael Peterson d.b.a. Mike's Tree & Service. Tree removal by
unlicensed business within the City of Edgewater, Section 11-1 and 11-2. Tree removal without
obtaining permit, Section 705. After Code Enforcement Officer Beverly Kinney-Johnson's
presentation of the case, Chairman Fowler noted the legal ad had actually appeared four consecutive
days, and not the required four consecutive weeks as per Florida Statute Chapter 162.
Mark P. Karet, Director of Community Development, said since the City had not issued proper
notice, the case would be withdrawn and presented at another time.
4. Case #97-CE-0630 - Marie D. Burrier. Outside storage of furniture and other household
goods, Section 1101.01. Code Enforcement Officer Beverly Kinney-Johnson reported she first
observed the violations on July 5, 1997, and was to be corrected by July 26, 1997. She stated Ms.
Burrier was in a nursing home, but someone was currently living at the residence. After inspecting
the property on July 29, 1997, Ms. Johnson said no corrective action had been taken. Since the
notice of violation hearing was returned unclaimed on August 21, 1997, Ms. Johnson posted the
notice of violation hearing on both the property and City Hall on August 22, 1997. Photographs were
presented to the Board for review. Ms. Johnson reinspected the property September 18, 1997, and
found no corrective had taken place. She recommended the Violator be given until October 1, 1997
to correct the violation or a fine of $1 00 per day be imposed.
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Citizen Code Enforcement Board
Minutes - September 18, 1997
Page -4-
New Business:
Mr. Robert asked how long the case had been going on. Ms. Johnson said it stared with the
demolition of a garage, which took quite some time to be cleaned up. She reiterated that Ms. Burrier
went into a nursing home, and whoever was presently living at the residence created the violation.
Chairman Fowler asked if Ms. Johnson knew of Ms. Burrier's condition and if she was confined to
the nursing home permanently. Ms. Johnson felt Ms. Burrier would be staying at the nursing home.
Chairman Fowler asked if the City could clean up the mess and charge Ms. Burrier for it. Ms.
Johnson also asked Mr. Karet if the Board could request a work order. Mr. Karet said probably, but
a lien would be placed against the property if the bill wasn't paid. Mr. Karet said the City tries not
to go onto occupied property. Mr. Roberts suggested sending a letter to Ms. Burrier at the nursing
home explaining what is going on. Ms. Johnson felt the male resident of Ms. Burrier's property
probably has power of attorney.
Mr. Roberts, after hearing the testimony presented and the recommendation of staff, moved in
reference to Case Number 97-CE-0630 to table the case until other avenues could be approached,
to try to obtain someone to clean up the mess without causing a fine at this time. Mr. Roberts said
he would like to bring this case back to the Board at the November meeting, seconded by Mrs.
Strong. Motion CARRIED 4-0.
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 6:38 p.m.
Minutes respectfully submitted by:
Elizabeth J. McBride, Board Coordinator
Citizen Code Enforcement Board
c: \ceb\minutes\091897 .reg