11-18-1999
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CITY OF EDGEW A TER
CITIZENS CODE ENFORCEMENT BOARD
REGULAR MEETING
THURSDAY, NOVEMBER 18, 1999
5:30 P.M.
CALL TO ORDER:
Chairman Fowler called to order the regular meeting of the Citizens Code Enforcement
Board on Thursday, November 18, 1999, at 5:40 p.m.
ROLL CALL:
Members present were Chairman Anthony Fowler, Linda Johnson, George Ann Keller
and Ben DelNigro. Maureen Bomer was excused. Frank Roberts and Sonja Wiles were
recorded absent. Also present were Code Enforcement Officers Beverly Kinney-Johnson
and Jon C. Williams; Nikki Clayton, City Attorney; Dennis 1. Fischer, Building Official;
and Tonya Elliott, Minutes Transcriber.
APPROVAL OF MINUTES:
Ms. Johnson moved to approve the minutes of October 21, 1999, as presented. Seconded
by Mrs. Keller. Motion CARRIED 4-0.
SWEARING IN OF WITNESSES:
Chairman Fowler 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, Jr., 5815 Foxford Road, Port Orange, FL.; Jimmy
Owens, Sr., Post Office Box 5262, Fort Wayne, IN.; Kirk Lessig, 2335 Guava Drive,
Edgewater, FL.; Scott Beiderman, Pompano Beach, FL
CASES IN COMPLIANCE:
Mrs. Johnson reported the following case in compliance:
99-CE-OIlO, C. Jeannette and 1. Blankenship
UNFINISHED BUSINESS:
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-0226 - Attorney Mark Hall requesting
reduction of liens on property owned by Jimmy Owens/Trustee. Chairman Fowler
said the easiest way to proceed would be to hear from Attorney Mark Hall representing
Jimmy Owens/Trustee on these unfinished business cases. Mr. Hall, 124 Faulkner Street,
New Smyrna Beach, FL., said there are notice problems in all nine (9) cases. He said
Staff recommends approval for dismissing all of the cases as long as cost of each case is
paid. Mr. Hall said he would proceed with the cases however the board wanted.
Chairman Fowler asked ifMr. Hall was asking the board for a reduction of liens and
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where he was headed at this point. Mr. Hall said he feels the liens in each of the nine (9)
cases concerning private properties listed on the Agenda as item numbers one (1) through
nine (9) should be reduced down to the actual cost to prosecute as recommended by Staff
Mr. Hall explained that the Florida Statute Chapter 162 Statutory Notice Requirement
must be strictly complied with which states that the violator be sent notice by certified
mail, hand delivery, by leaving the notice at the violators place of residence or notice by
publication. Mr. Hall said that if the board was willing to go along with Staffs
recommendation he would not need to go through the validity of the notification
problems to the violator in each of the cases. Mr. Hall addressed briefly a memorandum
from board member Ms. Johnson dated November 9, 1999 that made reference to a 30-
day time limitation on appeals. Discussion followed.
Chairman Fowler said the major issue at hand was the way Mr. Owens was notified on
the liens and asked to hear from Staff and the Attorney. He suggested since there are four
pieces of property with liens on them, the cases be presented that way.
Mrs. Johnson said case numbers 91-CE-2375 and 92-CE-0734 were against the property
located on Eaton Road, between 502 & 506. She said the board originally heard case
number 91-CE-2375 on March 19, 1992, for violations of grass and weeds in excess of2
feet. She said the violator was given until April 16, 1992, to abate the violation or a fine
of twenty-five dollars ($25.00) a day would be imposed. She said the property was found
to be in compliance on June 2, 1992, and the lien totals one thousand four hundred dollars
($1,400.00). The board originally heard case number 92-CE-0374 on September 10,
1992, as a repeat violation for grass and weeds in excess of2 feet. The violator was given
until September 20, 1992, to abate the violation. She said if the Code Enforcement
Officer has a reason to believe the violator has committed a repeat violation no
reasonable date for correction is required. The repeat violation amount decided by the
board may become retroactive to the date the repeat violation was first observed. The
board found the case to be a repeat violation and a fine of thirty-dollars ($30.00) a day for
each day the violation existed past September 20, 1992. The property was found to be in
compliance on September 3, 1996. She said the lien totals forty three thousand three
hundred twenty dollars ($43,320,00). Mrs. Johnson said on October 1, 1997, Jimmy
Owens, Jr. signed an affidavit swearing the lot on Eaton Road had never been maintained
or cleared since Jimmy Owens, Sr. has owned it. She said Attorney Mark Hall contacted
her on behalf of Mr. Owens/Trustee requesting a reduction in the total ofthese liens.
Mrs. Johnson said as stated in the memorandum dated August 17, 1999, in reference to
case number 91-CE-2375 Staff recommends the violator pay the cost incurred by the City
which totals one hundred seven dollars and fifty cents ($107.50) in lieu of the total lien.
In reference to case number 92-CE-0734, as stated in her memorandum dated August 17,
1999, Staff recommends the violator pay the cost incurred by the City which totals one
hundred seven dollars and fifty cents ($107.50) in lieu ofthe total lien. Mrs. Johnson
said in 1994 the City adopted Section 10-93 which permits the City after public notice to
enter on to property to cut the lot. The property owner is then billed for the service. If
the property owner does not pay for the service a lien is filed with the Clerk of the
County Court. The lien amount is only for the cost incurred by the City. She said the
court no longer hears the cases and the violation is abated in a more timely fashion.
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Chainnan Fowler asked how Mr. Hall would like the cases voted on. Mr. Hall said each
case should be voted on individually for clarification. Chainnan Fowler asked for motion
on case number 91-CE-2375. Since there was no motion and the Vice Chainnan was
absent, Chainnan Fowler asked if the board would like to designate a Vice Chairman.
Ms. Johnson volunteered to be Vice Chainnan. Chainnan Fowler handed the gavel to
Vice Chainnan Johnson.
Chairman Fowler moved in reftrence to case number 91-CE-2375 to reduce the lien to
one hundred seven dollars andfifty cents ($107.50). Seconded by Mr. DelNigro. Motion
DEADLOCKED 2-2. Ms. Johnson and Mrs. Keller voted no.
Mr. Hall said after conferring with his client, they would feel more comfortable with a
full compliment of the board than just a fair quorum because they in vision a dead lock
on the votes. Ms. Clayton said it would be appropriate for the board to entertain a motion
to wait until a full quorum was present.
Vice Chainnan Johnson handed the gavel back to Chainnan Fowler. Chainnan Fowler
entertained a motion to table or continue the unfinished business cases pertaining to
Jimmy Owens/Trustee.
Ms. Johnson moved to table unfinished business agenda items number one (1) through
nine (9) until a minimum of five (5) members of the board be present. Seconded by Mr.
DelNigro. Motion CARRIED 4-0.
94-CE-0226, Karl and Donna Sachse DBA Karl's Kar Kare - request reduction of
seven thousand two hundred dollar ($7,200.00) lien for property located at 2335 Guava
Drive. Mr. Lessig, manager Karl's Kar Kare, said there have been some problems with
the way the business has been operated as far as being in compliance with city codes. He
said he has been trying to get the property in compliance and if things can be worked out
he is looking at purchasing the business and property. He also said they are in the
process of investing a lot of money in fixing the business up. He said the lien amount is
the result of the owner being in violation of not having a spray booth. He said they
would like to use the amount it would take to pay the lien to purchase the property next
door to better the business. There was discussion on the violations that produced the
liens. Ms. Clayton said the board has heard the case in the past and it is only on the
agenda for the purpose of inquiring as to whether the board wished schedule it for a
reduction hearing at a future meeting.
Mrs. Johnson said Mr. Lessig sent a letter requesting the board rehear the April 20, 1995,
board order on case number 94-CE-0226. She said on October 20, ] 994 the violators
Karl and Donna Sachse DBA Karsl's Kar Kare were found in violation of Section
1002.1.2 and 1002.9.1 of the Standard Fire Prevention Code, spray painting inside a
building without the proper spray booth and spray painting inside a room not protected by
an approved automatic fire extinguishing system. The violators were given until
November 1, 1994, to abate the violation. The violation was abated on January 13, 1995,
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and a fine of one hundred dollars ($100.00) a day accrued from November 1, 1994, until
January 13, 1995, which totaled seven thousand two hundred dollars ($7,200.00). Mrs.
Johnson said on April 20, 1995, the violators appealed the lien order and were denied by
the board. She said the board is being asked to consider the rehearing request and if the
board wished to proceed, a date will need to be scheduled for the rehearing.
Chairman Fowler asked what would be the pleasure of the board.
AIrs. Keller moved in reference to case number 94-CE-0226 not to rehear the case.
Seconded by Ms. Johnson. Motion CARRIED 3-1. Chairman Fowler voted no.
Mr. Lessig said he doesn't understand why he could not even get the consideration of
discussion from the board when he is trying to improve the business.
Chairman Fowler called a brief recess at 6:30 p.m.
Chairman Fowler called the meeting back to order at 6:40 p.m.
NEW BUSINESS:
99-CE-0094, Lisa And Gary Thompson - Untagged vehicle on property located at 119
West Connecticut Avenue. Violation of Section 712 of the Zoning Code. Mr. Williams
reported that Mrs. Johnson first visited the property on July 20, 1999, at which time she
observed an untagged Cadillac on the property. Mrs. Johnson informed the resident of
the violation and gave them a business card setting August 4, 1999, as the date for
compliance. A re-inspection was made on August 4, 1999, and no corrective action had
been taken. A courtesy letter was sent on August 6, 1999, setting the date for compliance
on September 1, 1999. Mr. Williams first visit to the property was on September 1, 1999
at which time he observed no corrective action had been taken. He informed the resident
of the code violation. At this time the resident informed Mr. Williams that he had just
been released from the hospital, and asked for a couple of days to move the car. Mr.
Williams granted the request extending the time for compliance. A notice of Violation
was sent on September 30, 1999, setting the date for compliance on October 10, 1999. A
re-inspection was made on October 11, 1999, and not corrective action was observed. A
Notice of Violation Hearing was sent on October 13, 1999. Mr. Williams present
pictures to the board dated November 18, 1999, and October 11, 1999. He said that
during the course of the case Mr./Mrs. Thompson had never initiated contact with him.
However, Mrs. Thompson did call the office and informed Mrs. Johnson that her and her
husband had separated and she was not given the Notice of Hearing and would not be
able to attend the meeting. In conclusion Mr. Williams said that because an untagged
vehicle exists on the property, staffhas determined Section 712 of the Edgewater Code of
Ordinances has been violated. He said at this time it was up to the board to determine the
corrective action to be taken, date for compliance and fine amount if the board so desires.
After a brief discussion, ll/frs. Keller after hearing the testimony presented and the
recommendation of staff moved in reference to case number 99-CE-0094 that a violation
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of section 712 of the Edgewater Code of Ordinance 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 violation committed by the
violator. She further moved that the violator be given until December 6, 1999 to correct
the violation or afine of two hundredfifty dollars ($250.00) be imposed until the
violation is corrected Seconded by Mr. DelNigro. Chairman Fowler askedfor
discussion. Ms. Johnson and Chairman Fowler felt the fine was too steep. After some
discussion, Mrs. Keller amended her motion lowering the fine amount to one hundred
dollars ($100.00) a day be imposed until the violation is corrected Motion CARRIED 3-
1. Chairman Fowler voted no.
99-CE-0096, Roberta J. McCarthy - Uncontained trash on property located at 2107
Lime Tree Drive. Violation of Section 717.03 ofthe Zoning Code. Mr. Williams reported
that his first visit to the property was on August 19,1999, at which time he observed
numerous items discarded on the property. The resident was informed of the code
violations that existed on the property and a courtesy notice was given at that time,
allowing ten (10) days to correct the violation. A re-inspection was made on August 30,
1999, and no corrective action had been taken. A Notice of Violation was sent on
October 1, 1999, setting the date for compliance on October 6, 1999. Are-inspection
was made on October 6, 1999, and no corrective action had been taken. A Notice of
Violation Hearing was sent on October 13, 1999. The original Notice of Violation
Hearing was returned to sender as an undeliverable address. A re-inspection was made
on October 21, 1999, and no corrective action was made. A Notice of Violation
addressed to the correct property owner was sent on October 27, 1999, setting November
3, 1999, as the new date for compliance. Another re-inspection was made on November
3, 1999, and still no corrective action had been taken. A Notice of Violation Hearing was
sent on November 4, 1999. Mr. Williams presented photos to the board dated November
18, 1999. During the course of this case Ms. McCarthy has never initiated contact with
Mr. Williams. In conclusion Mr. Williams said that because uncontained trash exists on
the property, Staff has determined that Section 717.03 of the Edgewater Code of
Ordinances has been violated. At this time it is up to the board to determine the corrective
action to be taken, date for compliance and fine amount if the board desires.
Chairman Fowler asked why the first notice was undeliverable. Mr. Williams said it was
sent to a previous owner. Discussion followed on certified mail delivery. Chairman
Fowler asked Ms. Clayton if all the requirements had been met. Ms. Clayton said yes.
After discussion, Mrs. Keller after hearing the testimony presented and the
recommendation of Staff. hereby moved in reference to case number 99-CE-0096 that a
violation of section 717.03 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
violation committed by the violator, further moved that the violator be given until
December 6, 1999, to correct the violation or afine offifty dollars ($50.00) a day be
imposed until the violation is corrected. Seconded by Ms. Johnson. Motion CARRIED
4-0.
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99-CE-OllO, Glenda L. Ard - Grass and weeds in excess of twelve (12) inches on
property located at 2920 India Palm Drive. Violation of Section 10-91 of the Code of
Ordinances. Mr. Williams reported that his first visit to the property was on September 1,
1999, at which time he observed grass and weeds in excess of one (1) foot over fifty (50)
percent of the property. A courtesy notice was left at the property on September 1, 1999,
allowing ten (10) days to correct the violation. A re-inspection was made on September
22, 1999, and no corrective action had been taken. A courtesy letter was sent on
September 28, 1999, setting the date for compliance on October 8, 1999. A Notice of
Violation was sent on October 13, 1999. No corrective action had been taken so a Notice
of Violation Hearing was sent on October 21, 1999. Mr. Williams presented pictures to
the board taken on November 18, 1999. He said during the course of the case Ms. Ard
has never initiated contact with him. In conclusion Mr. Williams said because grass and
weeds in excess of one foot exist on the property, stag has determined Section 10-91 of
the Edgewater Code of Ordinances does exist. At this time it is up to the board to
determine the corrective action to be taken, date for compliance and fine amount if the
board so desires.
After some discussion, Mrs. Keller after hearing the testimony presented and the
recommendation of Staff moved in reference to case number 99-CE-0110 that a violation
of Section 10-91 of the Code of Ordinances does exist and the alleged violator has
committed the violation. After considering the gravity of the violation any action taken by
the violator to correct the violation and any previous violations committed by the
violator, further moved that the violator be given until December 6, 1999, to correct the
violation or fine of one hundred dollars ($100.00) be imposed until the violation is
corrected. Seconded by Ms. Johnson. Motion CARRIED 4-0.
Ms. Clayton said that she has received a request for Mr. Biederman that he would like to
address the board and try to get a reduction of fines on agenda items six (6) through nine
(9). She said he was the tenant when Mr. Owens was the owner, and he has come a long
way and would like to ask the board to consider negotiating a reduction in fines. Ms.
Clayton said the board would need to resend their motion on those items to hear the
cases. Ms. Johnson said she did not feel it would be fair to Mr. Hall and Mr. Owens who
had already left. Ms. Clayton said she understood Mr. Biedermans hardship, however it
would not be fair to re-open the cases without all interested parties present.
Chairman Fowler asked Mr. Biederman ifhe was unable to attend the next meeting. Mr.
Biederman said he does not live locally and has to leave his family to attend the
meetings. Chairman Fowler said Mr. Biederman could go ahead and state his case so it
would be on the record and can be addressed when Mr. Hall and Mr. Owens return to the
board. He said it would not be appropriate for the board to take any action on Mr.
Biederman's testimony at this meeting. Mr. Biederman said he felt it would be in his best
interest to hold his testimony until the cases were brought back to the board.
After discussion on when the next meeting would be held, Chairman Fowler passed the
gavel to Ms. Johnson and moved that unless verification of at least five (5) members
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present for the regularly scheduled meeting in December on the 3rd Thursday, that it
would be cancelled ten (10) days prior to the meeting. Seconded by Mrs. Keller. Motion
CARRIED 4-0.
DISCUSSION ITEMS:
There was discussion on the need to hold a workshop for clarification on issues facing the
board. It was the consensus of the board to hold a workshop on December 9, 1999, at
5 :30 p.m. in the Planning and Zoning Department's conference room.
CODE ENFORCEMENT COMMENTS:
None at this time.
ADJOURN:
There being no further business to come before the board, the meeting adjourned at 7:50
p.m.
Minutes respectfully submitted by:
Tonya L. Elliott, Minutes Transcriber
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