07-15-1999
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
Regular Meeting
July 15, 1999
5:30 p.m.
CALL TO ORDER:
Vice Chairman, Frank Roberts called to order the regular meeting of the Citizen Code
Enforcement Board at 5:43 p.m., Thursday, July 15,1999.
ROLL CALL:
Members present were Linda Johnson, Maureen Bomer, George Ann Keller, Ben
DelNigro, Vice Chairman Frank Roberts and Chairman Anthony Fowler (arrived at 6:00
p.m.) Also present were, Beverly Kinney-Johnson - Code Enforcement Officer, Dennis
Fisher - Building Official, Kenneth Hooper - City Manager and Lisa Kruckmeyer -
Corresponding Secretary.
APPROVAL OF MINUTES:
Ms. Bomer moved to accept the minutes of February 11, 1999, seconded by Ms. Keller.
Motion CARRIED 4-1. Ms. Johnson voted no.
SWEARING IN OF WITNESSES:
The Vice Chairman requested Beverly Kinney-Johnson, Code Enforcement Officer and
anyone else with statements or comments pertaining to any of the cases to stand and be
sworn in. Ms. Kinney-Johnson and Mr. Jerry McDaniel were sworn in at this time.
CASES IN COMPLIANCE/CONTINUEDIWITHDRA WN:
Vice Chairman Roberts asked Ms. Kinney-Johnson if there was a report. Ms. Kinney-
Johnson replied, not at this time.
UNFINISHED BUSINESS:
None at this time.
NEW BUSINESS:
1. Case #99-CE-0948 - Rav and Chris Fisher: Deferred Paving Agreement and
Section 700.01 (d)(2) of the Code of Ordinances of the City of Edgewater for 2032
Hibiscus Drive, Edgewater, Florida.
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Ms. Kinney-Johnson stated Mr. and Mrs. Fisher were unable to attend the meeting and
requested the case be continued to the August 1999 meeting. She stated conditions by
Ms. Plaskett, Director of Planning, had been provided and Ms. Plaskett also agreed to the
continuation of the Case.
Ms. Johnson moved to continue Case #99-CE-0948 until the August meeting.
Seconded by Ms. Borner. Motion CARRIED 5-0.
2. Case # 99-CE-0049 - CM & G. Inc.: Deferred Paving Agreement and Section
700.01 (d)(2) of the Code of Ordinances of the City of Edgewater for 1922
Hibiscus Drive, Edgewater, Florida.
Jerry McDaniel, owner ofthe property, stated he purchased the property in 1992. He said
Ms. Plaskett provided him with a copy of the site plan of the property as he had never
seen it. Mr. McDaniel said he would like to amend the present site plan that indicates 10
parking spaces and submit another one showing five parking spaces. He would also like
to eliminate the 42 inch underground water retention required for the 10 paved parking
spaces and utilize the existing retention pond.
Code Enforcement Officer Beverly Kinney-Johnson reviewed the case. She reported the
property is located at 1922 Hibiscus Drive and is used for manufacturing/fabrication. Ms.
Kinney-Johnson said the previous owner Mr. Bosgraff entered into a paving agreement
with the City. Ms. Kinney-Johnson said the City deferred enforcement of Section
700.01(d)(2), off-street parking and loading requirements of the Edgewater Code of
Ordinances until the paving of Hibiscus Drive was completed. The agreement was
recorded with the Clerk of the Court of V olusia County at that time. The paving of
Hibiscus Drive was completed in 1996. Ms. Kinney-Johnson said the City notified the
current property owner regarding compliance with the paving waver agreement. There
was no corrective action taken. On June 7, 1999 Code Enforcement was instructed to
begin enforcement action. Ms. Kinney-Johnson showed pictures taken (this date) of the
subject site. Ms. Kinney-Johnson mentioned the memo provided by Ms. Plaskett,
Planning Director, requiring CM & G, Inc. to provide an application for stormwater
calculations and plans to Planning and Zoning for review and approval by the City
Engineer and commencement with a paving contractor. Ms. Kinney-Johnson stated CM
& G, Inc. wishes to provide the City with an amended site plan, providing for the current
use ofthe site. Ms. Kinney-Johnson concluded by recommending CM & G, Inc. be given
until September 1, 1999 to provide the amended site plan to Planning and Zoning for
review and approval, or the case will be readdressed by the Board to rule on the penalty
phase of the case.
Vice Chairman Roberts asked the Board for discussion. Ms. Borner asked the Code
Enforcement Officer to explain the current parking conditions in comparison to their
proposal.
Discussion followed regarding the parking ordinance and Mr. Fisher explained what
would be required for compliance by Mr. McDaniel. Mr. Fisher also gave the history of
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the subject property, which explained why the parking requirements were proposed as 10
at the time of the original site plan. Also discussed was the type of surface currently at
the site. Ms. Kinney-Johnson stated re-used asphalt had been used, which is not a
permanent hard surface.
Mr. Fowler stated, it appears attempts are being made by Mr. McDaniel to come into
compliance and, Staff is comfortable that progression on the violation is going to be
started in the near future.
Mr. Fowler, after hearing the testimony presented and the recommendation of Staff,
moved in reference to Case Number 99-CE-0049 that a violation of Section
700.01(d)(2) 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 acquire the needed permits/applications
for site plan approval and be given until September 1,1999 to correct the violation.
Seconded by Ms. Borner. Motion CARRIED 6-0.
DISCUSSION ITEMS:
Ms. Keller expressed concern with repeat violations. Ms. Kinney-Johnson explained the
procedure for repeat offenders. Ms. Keller also requested a copy of the emergency
ordinance for vacant property. Ms. Kinney-Johnson said she would provide a copy of the
ordinance to all the Board members. Mr. Fisher brought the Board up to date with the
progress of Staff's attempt to implement the ordinance.
Ms. Johnson asked Mr. Fisher to update the Board on the Land Development Code. Mr.
Fisher said the final draft has been completed. Copies pertaining to code enforcement
had been provided to the Board.
Considerable discussion ensued concerning violations. Chairman Fowler stated, as
Chairman he will not allow the Board to be a venting area for code violations. He said,
this Board will hear violations presented, however, its purpose is not to go out and "find"
code violations and bring them to this Board without going through the proper channels.
Ms. Johnson suggested the Board schedule a workshop so as to formulate a plan to better
deal with the deluge of vacant lot owners to expedite the cases. Mr. Fisher agreed, when
the time comes, a workshop would be necessary.
CODE ENFORCEMENT COMMENTS:
The Code Enforcement Officer had nothing at this time.
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ADJOURNMENT:
There being no additional business to come before the Board, a motion was made and
accepted to adjourn. The meeting adjourned at 6:37 p.m.
Minutes respectfully submitted by:
Sondra M. Pengov, Board Coordinator
Citizen Code Enforcement Board
ceb.min.071599
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