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05-09-2013 L` city of E)GEWATE-R CODE ENFORCEMENT BOARD Thursday, May 9, 2013 2:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Co-Chairman Ben Wagner called the regular meeting of the Code Enforcement Board to order at 2:01 PM in the Community Center. ROLL CALL Members present: Ben Wagner, Ed Corn, Glenn Barnhill, Gail Anderson, Alice Haldeman and Sherry Lester. Also present were Code Officer Mike McGrath, Code Officer Dan Koehler, Code Supervisor Jeff Lariscy and Board Coordinator Shontella Jackson. APPROVAL OF MINUTES The Minutes for the regular meeting of April 11, 2013 were presented to the Board for approval. MOTION by Alice Haldeman, SECOND by Sherry Lester to adopt the minutes of Regular Citizen Code Enforcement Board on April 11, 2013 as written, MOTION CARRIED UNANIMOUSLY, SWEARING IN OF WITNESSES: Code Officer Mike McGrath, Code Officer Dan Koehler, Code Supervisor Jeff Lariscy, Michael Malone of 2813 Victory Palm Dr. Edgewater, Fl; Francisco Santana of 2317 Mango Tree Dr., Edgewater, FL; James Rogers of 126 Hotel Ave., Edgewater, FL and Harold Pruitt of 126 Hotel Ave., Edgewater, FL were sworn in. NEW BUSINESS: Code Supervisor Jeff Lariscy stated the following case will not be hear: Case #2013- CE-107046 (A&B), 1800 S. Riverside Dr, Edgewater, Florida, Jerald L. & Cheryl A. Code Enforcement Board Minutes May 9,2013 Page 1 Lenik, Violation of Section 10-83 (Ne lei cted premises) and Violation of Section 10-214 (Swimming pools). Case 92013-CE-106868, Francisco J. & Bonnie Santana, 2317 Mango Tree Dr. Edgewater, FL, Violation of Section 10-82 (Commercial vehicle in residential area). Code Officer Dan Koehler presented the case summary to the Board. Code Officer Dan Koehler presented staff's recommendation to find Francisco J. & Bonnie Santana in violation of Section 10-82 of the Code of Ordinances assessing a citation fine of$75.00 and an additional fine of$50.00 per day per violation that continues to exist past May 10, 2013 and for a lien to be placed on the property if not satisfied by May 10, 2013. It is also recommended that the Board issue a Board Order requesting the City Manager approve the removal of the vehicle if the violation is not corrected by May 15, 2013 and that a lien is placed on the property. Code Officer Dan Koehler testified that the vehicle has been on the property for 93 days. Francisco Santana was present and testified that he was awaiting his income tax refund to get the vehicle towed and repaired. Mr. Santana stated the vehicle has a blown engine and this has caused him loss of income. Once he receives his income tax he will have the vehicle towed and repaired, then he can start to work again. Mr. Santana stated it would cost approximately $350.00 to have the vehicle towed to a repair shop which he can't afford at this time. He will store the vehicle at a church member's place once it has been repaired. The public hearing was closed. MOTION by Ed Corn. SECOND by Sherry Lester that the Board finds Francisco J. & Bonnie Santana in violation of Section 10-82 of the Code of Ordinances assessing the citation fine of$75.00 and additional fine of 550.00 per day for each day the violation exists past May 10-,2013 and that a lien is placed on the property of not satisfied by May 15, 2013, It is also r commended that the Board issue a Board Order requesting the City Manager approve the expenditure to have the commercial vehicle removed if the violation is not corrected by May 15. 2013 and that a lien is placed on the property. MOTION CARRIED UNANIMOUSLY 6-0. Case 92013-CE-106919, Michael J. Malone, 2813 Victory Palm Dr. Edgewater, FL, Violation of Section 10-113 (Inoperable/wrecked vehicle Code Officer Dan Koehler presented the case summary to the Board. Code Officer Dan Koehler presented staff's recommendation to find Michael J. Malone in violation of Section 10-113 of the Code of Ordinances assessing a citation fine of$75.00 and for a lien to be placed on the property if not satisfied by May 15, 2013. Code Officer Dan Koehler testified that it took 78 days to have the vehicle removed. Michael Malone was present and testified that the vehicle belonged to his girlfriend. They have been working on getting the vehicle removed from the property. The vehicle was not tagged and they had to locate the title in order to have the vehicle removed. Mr. Malone requested the Board waive the citation fee since the vehicle has been removed. MOTION by Alice Haldeman. SECOND by Gail Anderson that the Board finds Michael J. Malone in violation of Section 10-113 of the Code of Ordinances assessing the citation fine of$75.00 and that a lien is placed on the property if not satisfied by May 15. 2013, MOTION CARRIED UNANIMOUSLY 6-0. Code Enforcement Board Minutes May 9,2013 Page 2 Case 92013-CE-107028, Eleanor L. & Harold L. Pruitt Tr., 126 Hotel Ave.. Edgewater, FL, Violation of Section 19-64 (Location of containers). Code Officer Mike McGrath presented the case summary to the Board. Code Officer Mike McGrath presented staff's recommendation to find Eleanor L. & Harold L. Pruitt Tr. in violation of Section 19-64 of the Code of Ordinances assessing a citation fine of $75.00 and for a lien to be placed on the property if not satisfied by May 15, 2013. Harold Pruitt was present and testified that he was uncertain on the ordinance. He stated that Mondays and Thursdays are pickup days for Hotel. Mr. Pruitt stated that Mr. Rogers is his tenant and they are good tenants. They had good intents. Mr. Pruitt stated they placed the garbage out early due to Mr. Rogers had a doctor appointment. Mr. Pruitt is not clear on days for trash& yard debris. Code Officer Mike McGrath stated that if household trash pickup is every Monday & Thursday; yard debris is every Wednesday. James Rogers was present and testified that when they receive the warning they should be given a copy of the ordinance. Mr. Rogers stated that he did not receive any written notice. MOTION by Ed Corn. SECOND by Glenn Barnhill that the Board finds Eleanor L, & Harold L, Pruitt Tr, in violation of Section 19-64 of the Code of Ordinances and waives the citation fine of 575.00. MOTION CARRIED UNANIMOUSLY 6-0. Case #2013-CE-107027, Citation 93215, Kathleen D. Knighton— 122 Hotel Ave. Violation of Section— 19-64 (Location of containers) Code Supervisor Jeff Lariscy asked the Board to consider granting Ms. Knighton the same since Mr. Pruitt case is the same as her case. The Board acknowledged the request. MOTION by Ed Corn. SECOND by Sherry Lester that the Board finds Kathleen D, Knighton in violation of Section 19-64 of the Code of Ordinances and waives the citation fine of$75.00. MOTION CARRIED UNANIMOUSLY 6-0. Case 92013-CE-106992, Citation#3251, Angela Iacobucci—219 Flagler Ave.,Violation of Section— 10-83 (Ne leleedpremises) Code Supervisor Jeff Lariscy stated he just received an email from city hall stating Angela Iacobucci paid the $75.00 citation fine but the $50.00 daily fines are still outstanding. Co-Chairman Ben Wagner read the following cases: c. Case # 2013-CE-107075 Citation# 3202 (McGrath) Kevin J. Senn—2704 Kumquat Dr. Violation of Section— 10-174 (Vacant/uninhabited structure) d. Case 92013-CE-107076 Citation 93203 (McGrath) Joseph M. Bonanza Sr. Tr& Kathleen P Bonanza—2614 Kumquat Dr. Violation of Section— 10-220 (Protection treatment) g. Case 92013-CE-107132 (Repeat) Citation 93206 (McGrath) Stephen K. Jr. & Sheryl Irene Hamlin—2125 Queen Palm Dr. Violation of Section— 10-98 (Property maintenance) Code Enforcement Board Minutes May 9,2013 Page 3 h. Case 92013-CE-107039 Citation 93192 (McGrath) Gary F. & Patricia L. Gnau—314 Paradise Lane Violation of Section— 10-98 (Property maintenance) i. Case 92013-CE-107156 (Repeat) Citation 93193 (McGrath) Eileen M. Dalton—505 16, St. Violation of Section— 10-98 (Property maintenance) j. Case 92013-CE-107152 (Repeat) Citation 93207 (McGrath) Paul E. & Sheila Kammer—2923 Woodland Dr. Violation of Section— 10-98 (Property maintenance) k. Case 92013-CE-107154 (Repeat) Citation# 3209 (McGrath) Michael Lynn Belyan—2716 Mango Tree Dr. Violation of Section— 10-215 (Pool enclosures) 1. Case 92013-CE-107077 Citation 93210 (McGrath) Regions Bank C/O Rush Marshall Jones & Kelly— 108 E. Pine Bluff St. Violation of Section— 10-174 (Vacant/uninhabited structures) m. Case 92013-CE-107155 (Repeat) Citation 93211 (McGrath) Kerry M. & Cynthia Hunt— 1855 Queen Palm Dr. Violation of Section— 10-98 (Property maintenance) n. Case 92013-CE-107003 Citation 93194 (McGrath) George E. Matheney—2212 Queen Palm Dr. Violation of Section—7-1 (Incorporation of the Florida building codes) o. Case 92013-CE-107179 (Repeat) Citation 93195 (McGrath) Justin& Christina LaBombard— 120 W. Ocean Ave. Violation of Section— 10-98 (Property maintenance) p. Case 92013-CE-107136 Citation 93196 (McGrath) Nona Moore Chapman— 1821 Kumquat Dr. Violation of Section— 10-98 (Property maintenance) q. Case 92013-CE-107073 (A) Citation 93197 (McGrath) Steve & Chrisanne L. Page—212 Hart Ave. Code Enforcement Board Minutes May 9,2013 Page 4 Violation of Section— 10-83 (Neglected premises) r. Case 92013-CE-107073 (B) Citation 93197 (McGrath) Steve & Chrisanne L. Page—212 Hart Ave. Violation of Section— 10-80 (Outdoor storage) s. Case 92013-CE-107198 (Repeat) Citation 93199 (McGrath) Joseph M. Sr. & Kathleen P. Bonanza—2614 Kumquat Dr. Violation of Section— 10-98 (Property maintenance) t. Case 92013-CE-107200 (Repeat) Citation 93200 (McGrath) Nancy Jo, Ernest L., John& Clifton Baker Jr. — 1525 Monroe Dr. Violation of Section— 10-98 (Property maintenance) u. Case 92013-CE-107202 (Repeat) Citation 93212 (McGrath) Rhoda P. Bows Est. —219 Meadow Lake Dr. Violation of Section— 10-98 (Property maintenance) v. Case 92013-CE-107203 (Repeat) Citation 93214 (McGrath) Scott M. & Maryanne H. Weiss—3039 Juniper Dr. Violation of Section— 10-98 (Property maintenance) w. Case 92013-CE-107206 (Repeat) Citation 9 3213 Nancy Jo, Ernest L., John& Clifton Banker Jr. — 1525 Monroe Dr. Violation of Section— 10-121 (Watercraft RV& trailers) x. Case 92013-CE-107208 (Repeat) Citation 93226 The Housemen LLC—2214 Pine tree Dr. Violation of Section— 10-98 (Property maintenance) y. Case 92013-CE-107182 Citation 93112 Sandy K. & Gerald D. Harris— 1621 Victory Palm Dr. Violation of Section— 10-83 (Neglected premises) Z. Case 92013-CE-107189 (A) Citation 93114 Catherine Dawson— 1849 Evergreen Dr. Violation of Section— 10-121 (Watercraft/trailers storage) Code Enforcement Board Minutes May 9,2013 Page 5 aa. Case 92013-CE-107189 (B) Citation 93114 Catherine Dawson— 1849 Evergreen Dr. Violation of Section—(Outdoor storage) bb. Case 92013-CE-107189 (C) Citation 93114 Catherine Dawson— 1849 Evergreen Dr. Violation of Section— 10-107 (Disposal rubbish & garbage) cc. Case 92013-CE-107189 (D) Citation 93114 Catherine Dawson— 1849 Evergreen Dr. Violation of Section— 10-98 (Property maintenance) dd. Case 92013-CE-107195 (Repeat) Citation 93227 Kelli Clark& Brett J. Matters—3322 Willow Oak Dr. Violation of Section— 10-98 (Property maintenance) ee. Case 92013-CE-107222 (Repeat) Citation 93228 Bernice F. Lee— 1928 Kumquat Dr. Violation of Section— 10-98 (Property maintenance) ff. Case 92013-CE-107223 (Repeat) Citation 93229 Kevin J. Senn—2704 Kumquat Dr. Violation of Section— 10-98 (Property maintenance) gg. Case 92013-CE-107224 (Repeat) Citation 93230 Missie H. Lee—2418 Juniper Dr. Violation of Section— 10-98 (Property maintenance) hh. Case 92013-CE-107225 (Repeat) Citation 93231 William & Mary Ann Page Jackson—2726 Kumquat Dr. Violation of Section— 10-98 (Property maintenance) ii. Case 92013-CE-107232 (Repeat) Citation 93232 Brian& Lynda Dame—3329 Woodland Dr. Violation of Section— 10-98 (Property maintenance) jj. Case 92013-CE-107234 (Repeat) Citation 93233 Richard& Amanda Balicki— 1818 Date Palm Dr. Code Enforcement Board Minutes May 9,2013 Page 6 Violation of Section— 10-98 (Property maintenance) kk. Case 92013-CE-107168 Citation 93234 Justin& Christina Labombard— 120 W. Ocean Ave. Violation of Section— 10-224 (Roofs/drainage) Co-Chairman Ben Wagner concluded with it appears after reviewing these cases no one was present for any of the cases mentioned above. Pursuant to Section 10-348 and 10- 345 subparagraph C of the Code of Ordinance and the statement that appears on the respected citation issued that failure to appear at this hearing the alleged violator has waived any right to contest the violation and that an order can be made against for the maximum applicable penalties that include but not limited to administrative costs, fines, daily fines and liens however we have the benefit of the staff recommendations, motion and actions to be taken by the Board. MOTION by Alice Haldeman. SECOND by Sherry Lester to accent the findings and staff recommendation. MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Co-Chairman Ben Wagner opened the election for Chairman and Vice Chairman. Mrs. Lester nominated Ben Wagner for Chairman. MOTION by Sherry Lester. SECOND by Gail Anderson to nominate Ben Wagner as Chairman for the Code Enforcement Board. MOTION CARRIED UNANIMOUSLY. A nomination for vice chairman was presented to Mr. Corn who declined and nominated Alice Haldeman as vice chairperson. MOTION by Ed Corn. SECOND by Glenn Barnhill to nominate Alice Haldeman as Vice Chairperson for the Code Enforcement Board, MOTION CARRIED UNANIMOUSLY. CODE COMPLIANCE REPORT: Code Supervisor Jeff Lariscy informed and provided the Board on his presentation to Council for special magistrate. PUBLIC COMMENT: None. BOARD DISCUSSION: None. ADJOURNMENT Co-Chairman Ben Wagner adjourned the meeting at 3:13 p.m Next Meeting scheduled for June 13, 2013 at 2:00 p.m. Minutes respectfully submitted by, Shontella Jackson Code Enforcement Board Minutes May 9,2013 Page 7