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02-19-1998 '-' CJ-u..c \ '--......9 ""~o:.~'~ ....., CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES February 19,1998 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 5:32 p.m., Thursday, February 19, 1998. ROLL CALL: Members present were Chairman Anthony Fowler, Frank Roberts, Maureen Borner, Joan Strong, and Dennis Vincenzi. Also present were Beverly Kinney-Johnson, Code Enforcement Officer; Nikki Clayton, City Attorney; Lynne Plaskett, Acting Director of Community Development; and Liz McBride, Board Coordinator. Donald Schmidt was excused. APPROVAL OF MINUTES: Mr. Roberts moved to accept the minutes ofJanuary 15, 1998, seconded by Mrs. Borner. Since Mrs. Strong and Mr. Vincenzi were not at the January 15, 1998 meeting, they did not vote. Motion CARRIED 3-2. 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 was sworn in at this time. Gertrude Ann Angus, 2613 Umbrella Tree Drive, Edgewater, was sworn in before Case #97-CE-0845 and Edward T. Driscoll, 26 Blue Heron Drive, Edgewater, was sworn in before Case #97 -CE-l 034. The City Attorney Nikki Clayton informed the Board that George Ann Keller would like to address the Board concerning T ere Trimble's case, and since she would not be giving testimony, did not need to be sworn in. CASES IN COMPLIANCE/CONTINUEDIWITHDRA WN: * 97-CE-I0ll, Tere Trimble, in compliance * 97-CE-0592, Carole 1. Swan & Christopher Swan, continued UNFINISHED BUSINESS: Chairman Fowler told Mrs. Keller that the case she wanted to speak to the Board about was in compliance, but the Board would allow her to say what was on her mind. ......... ...., Citizen Code Enforcement Board Minutes - February 19, 1998 Page -2- Unfinished Business: George Ann Keller, 3039 Unity Tree Drive, Edgewater, said she was before the Board to speak about the house at 3040 Unity Tree Drive. She said over a period of six years, there had been many problems at the residence. She said the amount of people living in the house at one time was a major concern. Mrs. Keller stated the neighbors and she knew for a fact that the residence was being rented as a rooming house. She said this was not the first incident, that the property owner had rented to a group of three single men prior to the current tenants. She told of the neglected condition of the exterior of the house, and the garbage and litter on the property. Mrs. Keller reiterated events and statements leading up to, and including this case, that were presented to the Code Enforcement Board on January 15, 1998. She indicated the property was still in violation when it had been signed offin compliance on November 20, 1997. Mrs. Keller had photographs of property to present to the Board. Mrs. Keller said, statements made under oath at the January 15, 1998 Code meeting by the property owner were not true. She hoped something would be done so this situation would not happen. She asked if the most recent violations had been taken care of Nikki Clayton, City Attorney, said the Board needed to be aware they were informed erroneously by the landlord at the January 15, 1998 meeting, that he had done all the official acts necessary for the evictions of the tenants. She stated it was her understanding that the house was now vacant, making this case in compliance. Ms. Clayton said, as far as the mess left outside by the tenants, the property owner had been cited for it, and that it was a separate violation. She said if the area was not cleaned up in a timely fashion, the Board would then hear the case. Ms. Clayton said the items were expected to be removed with the trash pick-up on February 23, 1998. She said if Mrs. Keller wished, she could enter her photographs into the record, or retain them for future use. Chairman Fowler informed Mrs. Keller, the Board was very concerned with her complaint. He said should this violation reoccur, the property owner would become a repeat offender, and could incur extremely large fines. It was the Chairman's opinion that statements made under oath by Mr. Trimble at the last Code Board meeting were untrue, therefore, he requested a verbatim transcript of Mr. Trimble's statements. The Chairman felt the Board had gotten Mr. Trimble's attention to the point where the violations would not happen again. Mrs. Strong asked Ms. Clayton if she could view Mrs. Keller's photographs. The photographs were then entered as public record. The Chairman reminded Mrs. Strong that trash on the property was not an issue before the Board at this time. The Board reviewed the photographs. Chairman Fowler asked Mrs. Keller if she thought the City was pursuing the issue to her satisfaction. Although Mrs. Keller answered no, she did feel there had been some progress. She felt the City Attorney helped by allowing her to speak to the Board. Mrs. Keller also felt this situation should not have been allowed for such a long time, and that Mr. Trimble should be made to follow the codes. The Chairman said the issue before the Board had been resolved, and the City would continue to stay on top of the issues concerning this property. He thanked Mrs. Keller for her concern as to the welfare of the City and its citizens. '-' ..""" Citizen Code Enforcement Board Minutes - February 19, 1998 Page -3- Unfinished Business: 1. Case #97-CE-0845 - Gertrude Ann Angus. Ms. Angus appealing false alarm determination, Section 12-66. Case continued from September 18, 1997 pending a police burglary investigation. Gertrude Angus, 2613 Umbrella Tree Drive, Edgewater, was sworn in at this time. Mrs. Angus submitted a letter to the Board from her security system company. Chairman Fowler asked Mrs. Angus to refresh the Board's memory about the case. Mrs. Angus reviewed the dates of her vacation, dates the alarm went off, the condition of her home upon returning from vacation, and the police report filed. She said the insurance company had reimbursed her for her claim. Chairman Fowler asked for the recommendation of the City. Based on Officer Goodson's report, Code Enforcement Officer Beverly Kinney-Johnson would not count the alarms as false because someone did break and enter her home. Mr. Roberts moved to dismiss the case, seconded by Mrs. Strong. Motion CARRIED 5-0. 2. Select Nominee for Council Approval Chairman Fowler referred to the memorandum in the Board's packets regarding brief statements made by the three people who were at the January 15, 1998 meeting concerning a vacant position of the Code Board. He asked for any comments or suggestions as to who to recommend to City Council for appointment. There being no recommendation, Chairman Fowler chose, in order of choice, 1) Linda Johnson, 2) Susan Hammond and 3) Robert Morin. Mrs. Strong moved that the Board forward the candidates names in the order the Chairman suggested, seconded by Mrs. Borner. Motion CARRIED 5-0. 3. Election of Vice Chairman Chairman Fowler asked for any nominations for Vice Chairman. Mrs. Strong nominated Frank Roberts for Vice Chairman, seconded by Mrs. Borner. Motion CARRIED 5-0. NEW BUSINESS: 1. Case #97-CE-0592 - Carole J. Swan & Christopher Swan. Alterations, renovations of structure without obtaining permits, Section 702.02 A-D & F. Case continued. Chairman Fowler called a brief recess at 6:05 p.m. and called the meeting to order at 6:14 p.m. ....... ...." Citizen Code Enforcement Board Minutes - February 19, 1998 Page -4- New Business 2. Case #97-CE-I034 - Edward T. DriscoU. Storage oflumber on property, Section 1101.01. Code Enforcement Officer Beverly Kinney-Johnson reported she first observed the violation on December 1, 1997, and was to be corrected by December 26, 1997. Ms. Johnson inspected the property on December 29, 1997 and again on February 19, 1998, and found no corrective action had been taken. She presented photographs to the Board for their review. Ms. Johnson said she spoke to Mr. Driscoll on February 18, 1998, at which time he stated this was a personal matter between him and his neighbors, but would do whatever the Board decided. Since the wooden items were being stored on the property, Ms. Johnson recommended to give the Violator until March 1, 1998, to correct the violation or a fine of$50.00 per day be imposed. Edward T. Driscoll, 26 Blue Heron Drive, Edgewater, was sworn in at this time. Mr. Driscoll was given the opportunity to view the photographs taken by the Code Enforcement Officer. He stated he considered the wooden items on his property to be lawn ornaments, and that his cats loved to climb on them. Mr. Driscoll questioned the ordinance which he was cited under, stating storage of materials on his property could include any number of permitted items, but he would accept the Board's decision. Mr. Roberts viewed the wooden items as artistic, and no different than a partial fence. He didn't see anything in the code that would defme the wooden items as junk material. Chairman Fowler asked about one picture that showed the wooden ornaments in a pile. Mr. Driscoll agreed to clean up that pile. Mr. Roberts asked City Attorney Nikki Clayton for an interpretation of this code. She did not interpret the storage of junk materials to mean materials arranged for a particular purpose, as a bench or a gym set for cats. Mr. Vincenzi, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 97-CE-1034 that a violation of Section 1101.01 of the Edgewater Land Development Code does not exist, and the matter be dropped at this time, seconded by Mrs. Borner. Motion CARRIED 5. O. DISCUSSION ITEMS: Chairman Fowler asked City Attorney Nikki Clayton what the guidelines of a single-family dwelling are, and could a residence be rented by two males who were not related. Ms. Clayton said she would like to give the Board an interpretation of the City's code and how it compares to other jurisdictions at the next meeting. She said if the code needs improvement or further clarification, a recommendation could be forwarded to Council. w ....", Citizen Code Enforcement Board Minutes - February 19, 1998 Page -5- Discussion Items: Mr. Roberts asked about receiving a report from the Building Department on its criteria for inspections of rental homes in residential districts. Ms. Clayton believed the act of renting one's home did not trigger inspections. Acting Director of Community Development Lynne Plaskett was asked ifthere were ever any inspections of single family rental homes. She said no. Ms. Plaskett was also asked about the number of people living in a home. She said the code defines what a family is, but the ordinance was adopted in 1974, and perhaps should be readdressed. CODE ENFORCEMENT COMMENTS: None at this time. ADJOURNMENT: There being no further business to come before the Board, the meeting was adjourned at 6:40 p.m. Minutes respectfully submitted by: Elizabeth 1. McBride, Board Coordinator Citizen Code Enforcement Board c:\ceblminutes\021998.reg