12-16-1999
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CITY OF EDGEWATER
CITIZENS CODE ENFORCEMENT BOARD
REGULAR MEETING
THURSDA Y, DECEMEBER 16, 1999
5:30 P.M.
CALL TO ORDER:
Vice Chairman Frank Roberts called to order the regular meeting of the Citizens Code
Enforcement Board on Thursday, December 16,1999 at 5:30 p.m.
ROLL CALL:
Members present were Vice Chairman Frank Roberts, Linda Johnson, Maureen Bomer,
George Ann Keller and Ben DelNigro. Chairman Anthony Fowler was excused. Sonja
Wiles was recorded absent. Also present were Code Enforcement Officers Beverly
Kinney-Johnson and Jon C. Williams; Nikki Clayton, City Attorney; Dennis I. Fischer,
Building Official; and Tonya L. Elliott, Minutes Transcriber.
APPROVAL OF MINUTES:
Ms. Johnson moved to approve the minutes of November 18, 1999, as presented.
Seconded by Mr. DelNigro. Motion CARRIED 3-0. Mrs. Bomer and Mr. Roberts did
not vote since they were absent from the November meeting.
SWEARING IN OF WITNESSES:
Vice Chairman Roberts asked Code Enforcement Officers Beverly Kinney-Johnson and
Jon C. Williams; and anyone else with testimony or comments pertaining to any of the
cases stand and be sworn in. Jimmy Owens, Sr., Post Office Box 5262, Fort Wayne, IN.;
Steve Salerno, Coldwell Banker, 176 Corbin Park Road, New Smyrna Beach, FL.; and
.. Dennis I. Fischer, Building Official, were sworn in at this time.
CASES IN COMPLIANCE:
None at this time.
UNFINISHED BUSINESS:
Request Reduction of Liens on Property Owned by Jimmy Owensffrustee, Agenda
Items 1-9, Case numbers 91-CE-2374, 91-CE-2375, 92-CE-0202, 92-CE-0734, 94-
CE-0339, 96-CE-00I0(B), 96-CE-0139(B), 96-CE-0624 and 96-CE-0771(B), Attorney
Mark HalVJimmy Owens. Code Enforcement Officer Beverly Kinney-Johnson handed
out a memorandum that outlined the total lien amount of $233,600.00 and cost incurred
by the City of$1,677.50 on all nine cases. Mrs. Johnson said Staff recommends the cost
incurred by the City be dealt with. Attorney Mark Hall, 124 Faulkner Street, New
Smyrna Beach, FL., said he preferred to deal with the cases in mass and recommended
the Board go along with Staff recommendations because there are notification problems
in all nine cases which make the liens void. Ms. Clayton said the liens are suspect and
mayor may not be enforceable. She said in her opinion the split in the case law only
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begets further litigation which would necessarily be at the City's expense. She said she
does not know the value of the property and when you get to liens of this magnitude you
often run the risk of the property owner abandoning the property and you get less than
nothing. Mr. Hall said in seven of the cases no notice was given of the order imposing
the fine or lien, in two of the cases the notices given to Mr. Biederman have problems
with the case numbers being wrong, and in the remaining case (agenda item number 7)
first class mailing was given to his client according to City records, which his client states
he never received. Mr. Hall said his client first learned about the liens last summer when
he went to sell a piece of property. Discussion followed.
Vice Chairman Roberts asked if the Board would like to entertain a motion. Mr.
De/Nigro moved to accept Staff recommendation of cost incurred by the City of
$1,677.50. Seconded by Ms. Johnson. Motion FAILED 3-2. Ms. Johnson, Mrs. Keller
and Mrs. Borner voted no.
Mr. Hall said if necessary he would go through each individual case and prove why the
notice was invalid in each of the cases. He said if the decision was not to agree with Staff
recommendation, they would end up in circuit court. He said he was confident that in
seven of the cases there would be no award for the City, but there may be an award going
back the other way to his client. Ms. Johnson asked ifMr. Hall would go line by line to
show which cases should be totally thrown out the window. Mr. Hall said he could do
that, unless the Board wants to reconsider its vote.
Vice Chairman Roberts asked ifthe Board would like to reconsider it's motion. Mrs.
Borner moved to accept Staffs recommendation on case numbers 91-CE-2374, 91-CE-
2375, 92-CE-0734, 92-CE-0202, 94-CE-0339, 96-CE-0010 (B), 96-CE-0139 (B), 96-CE-
0624, and 96-CE-0771 (B)for cost incurred by the City of$1,677.50. Seconded by Mr.
De/Nigro. Motion CARRIED 4-1. Mrs. Keller voted no.
'" 4Request for"Reduction of liens, Scott Beiderman DBA Southern Coatings, Agenda
Items 10-12, Case numbers 95-CE-0072, 96-CE-0139(A) and 96-CE-0624(A).
Attorney Skip Simpson representing Mr. Beiderman, said they have similar arguments
with the lack of proper notification. He said in these cases Mr. Beiderman was the
occupant at the properties owned by Mr. Owens in some ofthe previous cases. Code
Enforcement Officer Mrs. Johnson said that the liens total $161,800.00 and the cost
incurred by the City totals $850.00. She said Staff recommends the cost incurred by the
City be dealt with because of the same problems with notification as the previous cases.
She said the former City Attorney did not feel the lien notices did not need to go out by
certified mail.
Mrs. Borner moved to accept Staffs recommendation on case numbers 95-CE-0072, 96-
CE-0139 (A) and 96-CE-06254 (A), for cost incurred by the City of$850.00. Seconded
by Mr. De/Nigro. Motion CARRIED 5-0.
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Mr. Simpson said that only three of the four cases were listed on the agenda. Mrs.
Johnson said she omitted case number 96-CE-0009 from the agenda in error. Ms.
Clayton said that case number 96-CE-0009 would need to be considered separately.
Ms. Johnson move that the Board take special action on case number 96-CE-0009, Scott
Beiderman DBA Southern Coatings, property located at Guava Drive, that it be included
with the previous motion. Seconded by Mrs. Keller. Motion CARRIED 5-0
Request for Reduction of Lien, Steven J. Salerno, Coldwell Banker Major League
Realty, Incl Chase Manhattan Bank, Agenda Item 13, Case number 98-CE-0057
(case number error on agenda). Code Enforcement Officer Beverly Kinney-Johnson said
the Board originally heard the case on August 20, 1998. At that time the Board
determined that a violation ofSections(s)717.03 and 712.00 of the Edgewater Zoning
Code, Section 1101.01 of the Edgewater Land Development Code, Chapter 8 of the 1998
Standard Existing Building Code, and Section 10-44 of the Edgewater Code of
Ordinances had occurred on the property located at 2826 Travelers Palm Drive. The
violator was ordered to pay a fine of $1 00.00 per day for each day the violation continued
past September 1, 1998. On November 20, 1998 the Code Enforcement Officer inspected
the property and found that the corrective action ordered by the Board had been taken.
Since the fine began on September 1, 1998 an $8,100.00 fine had accrued. She said
actual cost incurred by the City for code enforcement action was $250.50. Staff
recommends the violator pay for the cost incurred by the City.
Mr. Salerno said one bank inherited the property from another bank and the violations
were corrected as soon as the new bank took possession of the property. He said the
property is not occupied but under contract to be sold. Ms. Clayton said this is a example
of what can happen when there is a death, abandonment or foreclosure.
Vice Chairman Roberts entertained a motion. Ms. Johnson moved that the lien on case
of "'number 98-e:E-0057, 2826 Travelers Palm Drive, be reduced to the $250.50 cost
incurred by the City. Motion CARRIED 5-0.
DISCUSSION ITEMS:
There was a brief discussion on foreclosures and homestead, changes in notification
procedures via certified mail, and the owner/tenant issue.
Ms. Johnson said she would recommend that request for reductions in liens should come
at the end of the agenda after new violations have already been heard. Ms. Clayton said
that was a good idea and asked if Ms. Johnson would like to make a motion to that effect.
Ms. Johnson made a motion that the Board recommends to Staff to seek whatever
necessary changes have to be made in the By-laws in order that lien reduction type
matters are last on the agenda. Seconded by Mrs. Keller. Motion CARRIED 5-0.
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Ms. Johnson moved that Board member Sonja Wiles who has been absent for several
consecutive meetings that perhaps the appropriate measures be taken to remove her
from the Board and be replaced with someone who is a little more concerned with the
Boards efforts. Seconded by Mr. DelNigro. Motion CARRIED 5-0.
CODE ENFORCEMENT COMMENTS:
None at this time.
ADJOURNMENT:
There being no further business to come before the Board the meeting adjourned at 6:30
p.m.
Minutes respectfully submitted by:
Tonya L. Elliott, Minutes Transcriber
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