Loading...
01-15-1998 . a ~-:-UD\.)~,",,\.., \ \ ....., ..""", CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES January 15,1998 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 5:45 p.m., Thursday, January 15, 1998. ROLL CALL: Members present were Chairman Anthony Fowler, Frank Roberts, Maureen Bomer, and Donald Schmidt. Also present were Beverly Kinney-Johnson, Code Enforcement Officer; Nikki Clayton, Interim City Attorney; Lynne Plaskett, Acting Director of Community Development; and Liz McBride, Board Coordinator. Joan Strong was excused and Dennis Vincenzi was absent. APPROVAL OF MINUTES: Mr. Schmidt moved to accept the minutes of November 20, 1997, seconded by Mr. Roberts. Mrs. Bomer did not vote because she was not present at the November 20, 1997 meeting. Motion CARRIED 3-1, since the majority voted approval. 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 Tere Trimble, 2814 Royal Palm Drive, Edgewater, were sworn in at this time. CASES IN COMPLIANCE/CONTINUED/WITHDRA WN: * 97-CE-0845, Gertrude Angus, continued UNFINISHED BUSINESS: 1. Election of Vice Chairman In consideration of those present for the first case under new business, Chairman Fowler wanted to address this item later in the meeting. v .."""" Citizen Code Enforcement Board January 15, 1998 - Minutes Page -2- NEW BUSINESS: 1. Case #97-CE-I011 - Tere Trimble. Accommodations for rent not permitted in the R-2B Single Family Residential district, Section 602.04.2 (a) & (b). Code Enforcement Officer Beverly Kinney-Johnson reported she first became aware of the violation on November 19, 1997, after receiving a complaint from Cpt. Yeomans of the Edgewater Police Department. Acting on Cpt. Yeomans's statement, a Notice of Violation was sent to the owner on November 20, 1997, setting December 30, 1997 for the date of compliance. Ms. Johnson said Mr. Trimble called the office on November 25, 1997, stating he was only renting to one family; a husband and wife, her brother, and one child. Ms. Johnson stated she found three different names listed in the telephone directory for the property in question. In an affidavit received from Cpt. Yeomans, she said he observed at least seven adults and an unknown number of children in the residence and that the bedroom doors were lettered A, B & c. On January 7, 1997, Ms. Johnson said she met the Building Inspector, the former Building Official, and a Police Officer at the site, and they discovered numerous code violations. At that time, a female resident told them Mr. Trimble gave those living at the residence until January 15, 1998 to vacate. On January 8, 1998, Ms. Johnson said Mr. Trimble contacted Robin Wolf of the City Attorney's office to see about obtaining a list of the code violations found on the property so he could make the necessary repairs. Ms. J ohoson reinspected the property on January 15, 1998, and found no corrective action had been taken. She recommended the Violator be given until February 1, 1998, to correct the violation or a fine of$50.00 per day be imposed. Mr. Roberts asked if the code violations found at the site could be disclosed. Ms. Johnson said the violations could possibly come before the Board at a later time. Mr. Roberts felt the violations may impact his decision of the current case. Tere Trimble, 2814 Royal Palm Drive, Edgewater, said he had a list of the violations found at the site in question. He stated he gave written notice to the residents to be out of the premises by January 10, 1998, but they were still in the house. He said he had fixed a majority of the violations, and intended to hire a contractor to fix additional items when the house was vacated. After much discussion, Mr. Trimble explained what, and who, he observed at various times while visiting the residence. He said he only rented the house to Tom and Mark McFarland. He said he filed a five-day eviction notice on January 15 with the Sheriffs department. Mr. Roberts questioned why this case was before the Board ifit was a police matter. Ms. Johnson explained, she acted on the word of the Cpt. Yeomans and his affidavit. She said, after observing the inside of the residence, it appeared to be set up as rental units. She said police matters concerning the property were still under investigation, and felt the only thing she could deal with at this point, was the number of occupants in the residence. Nikki Clayton, Interim City Attorney, explained that on the face of it, it looked like a rooming house was operating in a single-family residential neighborhood, and said the Board may want to have further evidence. Ms. Clayton reiterated Mr. Trimble saying he was doing his utmost to correct the problems. She said perhaps the Board would want to wait until the residence is brought into compliance, which may be by the recommended time of February 1, 1998. ',,- .." Citizen Code Enforcement Board January 15, 1998 - Minutes Page -3- Mr. Trimble stated he didn't know how the five-day eviction worked, but he didn't want to see the girl and the baby thrown out onto the street He said that was the reason he had been so lenient Ms. Clayton suggested since Mr. Trimble said he wanted to bring the house into compliance, he needed some time for the eviction to take place. She said it was the Board's discretion to decide the length of time needed to comply with the zoning violation, and perhaps the other code violations not presently before the Board, would also be abated. Mr. Roberts, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 97-CE-1011 that the Board extend the case until the Police have finished their investigations, then bring it back to the Board, seconded by Mrs. Borner. Chairman Fowler said the only reason he would extend the time would be to allow time for the evictions to happen. Mr. Roberts said he made the motion because he felt police activities were not code enforcement decisions. The Chairman said the only thing the Board was making a motion on now, was the zoning issue. Chairman Fowler suggested either postponing the case for a month and reviewing again if not in compliance, or give Mr. Trimble a specific date and start fines if not in compliance. Ms. Clayton asked Ms. Johnson how much time had been given to correct the other code violations. Ms. Johnson said a written report by the former Building Official was done on January 7, and usually thirty days is given to comply. Mr. Trimble felt that was enough time for him to come into compliance. Mr. Roberts amended his motionfor the Violator to come into compliance by February 19, 1998. To avoid confusion over the motion, Chairman Fowler asked Mrs. Bomer to resend her second to the first motion, and asked Mr. Roberts to start over. Mr. Roberts, qfter hearing the testimony presented and recommendation of staff, moved in reference to Case Number 97-CE-10lJ that the Board extend the case until February 19, 1998, to see ifit comes into compliance, or if not in compliance, rehear the case, seconded by Mr. Schmidt. Motion CARRIED 4-0. UNFINISHED BUSINESS: 1. Election of Vice Chairman With the consensus of the Board, Chairman Fowler postponed the election of Vice Chairman until there was a full Board. New Business Con't: 2. Interview Applicants for Board Recommendation Chairman Fowler asked the three interested applicants to tell the Board why they would like to be appointed to the Board. Susan Hammond, Linda Johnson and Robert Morin addressed the Board. ~ .'y ......, Citizen Code Enforcement Board January 15, 1998 - Minutes Page -4- 3. Select Nominee(s) for Council Approval Chairman Fowler asked Interim City Attorney Nikki Clayton if the Board needed to make their selection at the present meeting. Ms. Clayton said the Council was currently discussing how to handle appointments to all City Boards, therefore, there was no rush to forward the Board's recommendation to them. The Chairman felt the Board should make their selection when there was a full Board. He thanked the applicants, and told them the Board would make its recommendation to City Council in the near future. DISCUSSION ITEMS: None at this time. CODE ENFORCEMENT COMMENTS: None at this time. ADJOURNMENT: There being no further business to come before the Board, the Chairman adjourned the meeting at 6:25 p.m. Minutes respectfully submitted by: Elizabeth J. McBride, Board Coordinator Citizen Code Enforcement Board c:\ceblminutes\O 1 1 598.reg