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08-20-1998 ~'-'-\~ ...... ,.., CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES August 20, 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 5:30 p.m., Thursday, August 20, 1998. ROLL CALL: Members present were Chairman Anthony Fowler, Linda Johnson, Frank Roberts, Maureen Borner, George Ann Keller, Joan Strong, and Dennis Vincenzi. Also, present were Beverly Kinney-Johnson - Code Enforcement Officer, Nikki Clayton - Interim City Attorney, Lynne Plaskett - Manager of Planning and Development and Sondra M. Pengov - Board Coordinator. APPROVAL OF MINUTES: Chairman Fowler presented two sets of minutes for approval. Mr. Roberts moved to accept the minutes of April 16, 1998, seconded by Mrs. Borner. Motion CARRIED 5-0. Mrs. Keller and Mrs. Strong were absent from the April 16, 1998 meeting, therefore, did not vote. Mrs. Strong moved to accept the minutes of July 16, 1998, seconded by Mrs. Borner. Motion CARRIED 4-0. Mrs. Johnson, Mr. Roberts and Mr. Vincenzi were absent from the July 16, 1998 meeting, therefore, did not vote. 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 to be sworn in. Mrs. Kinney- Johnson and Mr. W. Greg Lollar of Regions Bank were also sworn in at this time. CASES IN COMPLIANCE/CONTINUED/WITHDRA WN: Mrs. Kinney-Johnson stated there were no cases in compliance at this time. Citizen Code Enforcement Board August 20, 1998 Page - 1 'W" ..""", UNFINISHED BUSINESS: 1. Case #92-CE-0468 - Charles W. Allshouse. Mr. W. Greg Lollar, President and CEO of Regions Bank, requested to appear before the Board regarding the case, as the property was acquired through foreclosure proceedings from Charles W. Allshouse. Mr. Lollar wished to discuss a release of the lien on the property at 312 N. Ridgewood Avenue. Mr. Lollar explained that at the time of foreclosure, the lien placed on the property was overlooked by the abstracter doing the title work. Code Enforcement Officer, Beverly Kinney-Johnson reviewed the case. Ms. Kinney-Johnson said the Board originally heard case #92-CE-0468 on May 21, 1992. The property owners of312 N. Ridgewood Avenue were Brenda and Charles Allshouse. The Board determined Section 717.03 of the Edgewater Zoning Code and Sections 10-43 and 10-8 of the Edgewater Code of Ordinances had been violated. Ms. Kinney-Johnson passed eleven photographs to the Board for review. A fine of$85.00 per day was imposed for every day the violation continued past June 11, 1992. A lien was filed and the total is currently $48,063.00. The Code Enforcement Officer reported the costs incurred by the City total $638.12 and recommended the fine be reduced to the actual costs incurred. Chairman Fowler suggested adding interest to the expenses incurred by the City. Ms. Kinney- Johnson eXplained Florida Statute state municipalities may recoup costs incurred, but did not mention the inclusion of interest. Therefore, she did not include interest in her calculations. The Board discussed how to determine interest as well as the legalities involved. Mr. Vincenzi, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 92-CE-0468 that the fine shall be reduced to $1,000 the total amount incurred by the City for the follOWing reason(s): The violations have been abated. (There was again discussion regarding the additional monies added to the expenses. It was decided not to add a penalty or interest to this case.) Mr. Vincenzi reconsidered and revised the motion to: the fine shall be reduced to $638.12 the total amount incurred by the City, seconded by Mrs. Strong. Motion CARRIED 7-0. NEW BUSINESS: 1. Case #98-CE-0058 - Dominick and Cindy S. Caputo: Parking lot not properly maintained, holes and sections of parking lot missing. Section 700.01(d)(3) of the Edgewater Zoning Code is in violation. Code Enforcement Officer, Beverly Kinney-Johnson reported the property is located at 311-315 Frances Drive and the customary notices had been sent to the violator(s) declaring the compliance date to be June 21, 1998. Ms. Kinney-Johnson stated the property was inspected on this date and no corrective action had been done. She presented three pictures to the Board. Mrs. Kinney-Johnson concluded stating, because the parking area was not properly maintained, Section 700.01(d)(3) had been violated and recommended the Violator(s) be given until September 1, 1998 to correct the violation or a fine of$50.00 per day be imposed for Citizen Code Enforcement Board August 20, 1998 Page - 2 ....... ..", every day the violation continues beyond that date. Ms. Kinney-Johnson said she had spoken with Mr. Caputo and he said he would repair the pot holes. Chairman Fowler asked the Code Enforcement Officer what needed to be done to bring the property into compliance. The Code Enforcement Officer explained what she thought would bring the property up to standards. Considerable discussion followed regarding permanently hard surface as stated in the code. The City Attorney stated the property in question was developed years ago, prior to present codes, and the property wouldn't have to be brought up to present requirements. Discussion further ensued as how to maintain the parking lot. Mr. Roberts stated he didn't think patching the holes was an adequate approach to repairing the parking lot. Also discussed, was whether the entire parking lot was paved at the time of original construction. Mr. Vincenzi questioned whether the City Engineer could inspect the property and make a determination as to what needed to be done. Mrs. Borner, after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 98-CE-0058 that a violation of Section 700. 01 (d)(3) 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, I further move that the Violator by given until September 1, 1998 to correct the violation and that a fine of $1 00.00 for each day the violation continues past that date, seconded by Mr. Vincenzi. Chairman Fowler asked for discussion from the Board. He said he would like to add some guidelines to the motion. Mr. Vincenzi suggested the City Engineer inspect the parking lot and determine what acceptable standards need to be met to bring the parking lot into compliance. Ms. Clayton recommended the compliance date may need to be changed in order to give the Engineer time to arrive at a decision. Mr. Vincenzi withdrew his second to the motion. Mrs. Borner amended her motion to: change the date to October 1, 1998, and have the City Engineer define what would be required to bring the parking lot into compliance, seconded by Mr. Vincenzi. Motion CARRIED 4-3. Chairman Fowler, Mrs. Johnson and Mr. Roberts voted no. Ms. Clayton questioned why the three members voted no. Chairman Fowler stated he voted no primarily because of the $100.00 fine per day and was uncomfortable with repaving all the way to the street if it wasn't originally paved. Mr. Roberts said without a standard, he could not agree to anything. Ms. Johnson explained she doesn't know ifMr. Caputo is responsible for the parking lot, where is the boundary between the City property and the private property, and who does he give his report to? She said she has too many unanswered questions. Ms. Clayton explained to the Board that the present codes are in dreadful condition and Mrs. Plaskett has received authorization and funding from the City Council to hire an engineer/planner Citizen Code Enforcement Board August 20, 1998 Page - 3 Wf .""", consultant to recommend what needs to be done to improve the condition of the existing codes. 2. Case #98-CE-0057 - Baker & Brinkley, 2826 Travelers Palm Drive: Uncontained trash, furniture, tires, unregistered boat, wood, plastic, metal and other discarded items on property. The structure has broken windows and needs to be secured to prohibit access to interior. Section(s) 712.00 and 717.03 of the Edgewater Zoning Ordinances; Section 1101.01 of the Edgewater Land Development Code and Chapter 8 of the 1998 Standard Existing Buildings Code. Code Enforcement Officer Beverly Kinney-Johnson reported the property is a vacant house, located at 2826 Travelers Palm Drive. She said after various investigations as to who owned the property, it was finally determined that Baker & Brinkley were the owners and the customary notices had been sent to them. The notices stated the violations, compliance date and finally the notice of hearing date. Ms. Kinney-Johnson informed the Board a reinspection of the property was done, August 20, 1998, and she observed no corrective action had been taken. She then presented nine pictures of the property to the Board. In conclusion, she reported, because broken windows, an untagged vehicle, an abandoned boat, tires, uncontained trash and furniture exist on the property, Chapter 8 of the 1998 Standard Existing Buildings Code, Sections 712 and 717.03 of the Edgewater Zoning Code have been violated. Ms. Kinney-Johnson recommended the Violator be given until September 1, 1998 to correct the violations. If the violations have not been corrected by September 1, 1998, she recommended the Board order the City to abate the violations and charge all fines, penalties, and costs incurred by the City to the Violator. Chairman Fowler mentioned there was no representative present for this case. He then asked Ms. Kinney-Johnson whether costs could be recovered, if the City is authorized by the Board, to cleaned up and secure the property? He also asked if it was possible to add a fine to a point, then impose a lien? Ms. Kinney-Johnson said because of the concern of the neighbors she tried to find the most expedient way to abate the violation (have the City take care of it). Ms. Clayton responded to the Chairman's question saying ten days notice would be more than enough time to abate the violation. She said the property is more than a nuisance, it is a safety hazard, there is access for undesirable activity and a danger to residents. She said not only should the City clean it up, but probably fence it in some fashion to prevent access as it is abandoned property. Ms. Clayton said the City could record a lien for the costs of securing the property, the lien would go on record for a period of time. She further elaborated on procedures that could take place. Considerable discussion ensued on a fair fine amount and the fact the property is a public nUIsance. Chairman Fowler recognized a gentleman from the audience that wished to make comments on the subject property and asked him to stand to be sworn in. After being sworn in, Mr. Sowers described the subject property as being totally deplorable, infested with snakes, rodents and various animals. He stated the property is a hazard where children could get hurt and said he doesn't understand how the City can neglect such a problem. Again, considerable discussion was had on the determination of the property being in violation of Citizen Code Enforcement Board August 20, 1998 Page - 4 ..... ..." Section 1 0-44, that declares such properties as being a public nuisance and how the abandoned vehicle would be dealt with. Chairman Fowler passed the gavel to Vice Chairman Roberts and proposed a motion. Mr. Fowler after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number CE-98-0057 that a violation of Section(s) 1101.01 of the Land Development Code, 717.03 Edgewater Zoning Ordinance, 712.00 of the Edgewater Zoning Code and Chapter 8 of the 1998 Standard Existing Buildings Code 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, he further moved that the Violator be given until September I, 1998 to correct the violation(s) and that a fine of $1 00.00 be imposed for each day the violation continues past that date. Due to the violation of Section 10-44 as a public nuisance and the gravity of the problems that do exist, as of September I, 1998 the City will be requested to clean up as much as is necessary to abate the problems concerning the public health and public nuisance, at that point any other violations that still exist, but are not a concern of public health will continue to incur said fine, seconded by Mrs. Johnson. Motion CARRIED 7-0. Chairman Fowler called for a brief recess at 7:25 p.m. Meeting resumed at 7:31 p.m. ELECTION OF OFFICERS: 1. Chairman & Vice-Chairman - Mrs. Strong moved to re-elect Chairman Fowler for Chairman and Frank Roberts for Vice-Chairman, seconded by Mrs. Borner. There being no additional nominations the Board unanimously approved to re-elect the Chairman and Vice-Chairman. Motion CARRIED 7-0. DISCUSSION ITEMS: Mrs. Keller questioned the DARE issue from a previous meeting. The Code Enforcement Officer stated the issue had been resolved and an occupational license had been acquired. Discussion was had on several previous cases. Chairman Fowler stated it appears by the statistics, that the courtesy notices have been effective, of which Mrs. Kinney-Johnson agreed. CODE ENFORCEMENT COMMENTS: Stated under discussion items. Citizen Code Enforcement Board August 20, 1998 Page - 5 . ...... ....., ADJOURNMENT: There being no further business to come before the Board, a motion was made and accepted to adjourn. The meeting adjourned at 8:00 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Board Coordinator Citizen Code Enforcement Board c: lSeb\minutes\082098 Citizen Code Enforcement Board August 20, 1998 Page - 6