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04-16-1998 ~ """ CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES April 16 ,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 5:37 p.m., Thursday, April 16, 1998. ROLL CALL: Members present were Chairman Anthony Fowler, Linda Johnson, Frank Roberts, Maureen Borner, and Dennis Vincenzi. Also present were Beverly Kinney-Johnson, Code Enforcement Officer; Nikki Clayton, City Attorney; Lynne Plaskett, Acting Director of Community Development; and Liz McBride, Board Coordinator. Joan Strong was excused due to illness. APPROVAL OF MINUTES: Mr. Roberts moved to accept the minutes of March 19, 1998, seconded by Ms. Johnson. Motion CARRIED 3-2. Mrs. Bomer and Mr. Vincenzi were absent from the March 19, 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 and be sworn in. Mrs. Johnson; Mr. DelNigro, 3130 Tamarind Drive, Edgewater; Jeff and Paul Jenkins, 2029 Willow Oak Drive, Edgewater; Chris Eckert, 1709 S. Ridgewood Drive, Edgewater, were sworn in at this time. Rita Eckert stood and was. sworn in, but did not give her name and address until after the Code Enforcement Officer's presentation of Case #97-CE-0544(A). Lynne Plaskett, Acting Director of Community Development, was sworn in after being call for testimony in Case #98-CE-OO 18/98-CE- 0018(A). CASES IN COMPLIANCE/CONTINUED/WITHDRA WN: * 98-CE-0029, James R. & Celina O. Mitchell, in compliance '-" Citizen C~ Enforcement Board April 16, 1998 - Minutes Page -2- UNFINISHED BUSINESS: 1. Case #97-CE-0544(A) - Christopher & Rita Eckert. Alterations, renovations of mobile home without obtaining permits, Section 702.02 A-D & F. Case continued from September 18, 1997. Code Enforcement Officer Beverly Kinney-Johnson reported the violation was first observed by former Building Official Bob Dunn on June 4, 1997, at which time a Stop Work Order was issued. She reported that on May 20, 1997, Christopher Eckert submitted a building permit application along with hand drawn plans showing renovations and additions to be performed on his mobile home. She reported that Combination Inspector Frank Conrey denied the plans on June 1, 1997, due to insufficient information, possible setback problems, and that the trailer may not meet the 100 mph wind requirements. Since the Eckert's had not contacted the City, a Notice of Violation was issued on July 9, 1997, setting August 11, 1997 as the compliance date. Ms. Kinney-Johnson said Mr. Eckert inquired on August 6, 1997, when the case would go before the Code Board. On August 14, 1997, Ms. Kinney-Johnson said the Eckert's were notified the hearing date would be September 18, 1997, which was subsequently postponed pending a more complete building permit application. She said a letter was sent on March 17, 1998 notifying the Eckert's a hearing date of April 16, 1998, had been set and if they had any questions, to contact our office. Because the Eckert's had not contacted the office and had not submitted the required information, Ms. Kinney-Johnson recommended the Violators be given until May 1, 1998 to correct the violation or a fine of$50.00 per day be imposed for each day the violation continues beyond that time. Photographs were presented to the Board for reVIew. Chairman Fowler wanted it clarified that from the citation date of June 1997 until present, the length of time was extended by the building official. Ms. Kinney-Johnson answered yes, it was extended by former Building Official Bob Dunn. Christopher Eckert, 1709 S. Ridgewood Avenue, Edgewater, said he came to a Board meeting already and sat until the meeting was adjourned before he was able to talk to anyone. He said Mr. Dunn was not present to defend the case. Mr. Eckert said he had shown Mr. Dunn his plans, that everything was built correctly, and that he was a carpenter. He said Mr. Dunn told him to take his drawings to the New Smyrna Drafting Company, and that Mr. Dunn and the drafting company would work it out. Mr. Eckert guessed someone from New Smyrna Drafting called Mr. Dunn and said everything was up to code. Mrs. Eckert said the meeting date was August 19, 1997. Mr. Eckert said he bought the trailer for $500, and that it was unlivable at that time. He said the City should have inspected the property before it was sold. Mr. Eckert said he did not have the money to get architectural stamps to meet 100 mph wind loads. He felt nothing in the trailer park could meet that code. Mr. Eckert admitted he should have checked everything out before he started renovating. Mr. Roberts asked what permits Mr. Eckert had applied for. The Code Enforcement Officer said Mr. Eckert applied for a building permit to do a bay window, lattice around the carport and drywall, not to gut the interior. She then passed the application and plans drawn by Mr. Eckert, and said they needed to have been done by an architect. Mr. Roberts reviewed the plans and asked Mr. Eckert questions regarding them. Ms. Kinney-Johnson said there had been some electrical work done without permits. Mr. Roberts wanted to see pictures of "before and after" to see the extend of the work done. Ms. Kinney-Johnson said there are guidelines for repair and remodeling mobile and manufactured homes, and they were not followed. '-' Citizen C~ Enforcement Board April 16, 1998 - Minutes Page -3- Unfinished Business: Mr. Eckert explained the condition of the trailer when he purchased it, and said it should have been condemned before he bought it. He said the park managers told him he could fix the trailer up. Mr. Eckert said the City would not give him a permit without engineer drawings, and he didn't have the $700 fee. Mr. Roberts felt some architect or engineer could do the drawings for less. Mr. Eckert reiterated that he did what the former building official instructed him to do, and that it would be worked out, but now Mr. Dunn is gone. Mr. Eckert said architects won't do drawings for trailer renovations because trailers are not designed to meet 100 mph wind loads. He said the architect is responsible for the whole trailer once they stamp the drawings. Discussion continued regarding the description of work to be done that was applied for, and what work was actually done. Chairman Fowler said the Board needed to figure how to solve this issue without putting a major burden on Mr. Eckert, and yet get him into a structure solid enough to live in. Mrs. Borner questioned what other mobile home owners did to renovate their trailers after hurricane damage, and why Mr. Eckert was having problems. City Attorney Nikki Clayton stated there are guidelines for mobile home renovations. She thought a draftsman could do the drawings if it was an owner renovation, and the City could determine if they met the qualifications of the guidelines for a permit. Ms. Clayton said a permit was needed to establish what kind of work had been done. Ms. Kinney- Johnson referred to the guidelines for repair and remodeling of used mobile/manufactured homes, and summarized the sections. Chairman Fowler felt they needed to get someone to work with Mr. Eckert at a reasonable expense, and to use some common sense. He said it seemed that because Mr. Eckert put in a bay window, now the entire structure had to meet all of today's codes. What portion of the work done was actually subject to the current codes was a question directed to Acting Director of Community Development Lynne Plaskett. Ms. Plaskett said, if it was reasonable with the Board, she would like to meet with Mr. Eckert along with the plans examiner and the building inspector, to review the plans Mr. Eckert had and to see what additions to his drawings were required to bring them into compliance for him to get a building permit. Mr. Eckert indicated this was the fourth time he had been to a meeting concerning this issue. Chairman Fowler told Mr. Eckert the Board was doing everything possible to be fair to him while still upholding the ordinances of the City. Mr. Vincenzi, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 97-CE-0544(A) that the Board is not sure a violation occurred, so the Board will postpone the issue until the City has a chance to work with Mr. Eckert to allow him to do what he needs to do to obtain a proper building permit. He further moved Mr. Eckert be given until May 15, 1998, to resolve any problems before any further action is taken. There being no second, the motion FAILED. Ms. Johnson asked Ms. Plaskett if she believed May 15, 1998 would be a realistic period of time for the building department to get with Mr. Eckert to work everything out. Ms. Plaskett said it would not be a problem for the City, but would depend on when Mr. Eckert could come in. Discussion continued on the guidelines for remodeling. Mrs. Borner asked Mr. Eckert if he would be willing to work with the City. He said yes. Ms. Plaskett asked Mr. Eckert ifhe would allow the inspectors into his home. He said yes. ~ Citizen Co"!{ Enforcement Board April 16, 1998 - Minutes Page -4- Unfinished Business: Mrs. Borner moved to repeat the previous motion with the exception of the compliance date to be extended to June I, 1998, seconded by Ms. Johnson. Motion CARRIED 4-1. Mr. Roberts voted no. 2. Case Number 98-CE-OOI8 & 98-CE-OOI8(A) - Paul Jenkins and George & Virginia Shillingsburg. Untagged vehicle(s) on property, Section 712.00. Case continued from March 19, 1998. Code Enforcement Officer Beverly Kinney-Johnson reported her first visit to the property was on January 22, 1998, after Acting Director of Community Development Lynne Plaskett received an anonymous written complaint. She said, at Ms. Plasketts direction, she left a business card at the residence asking Mr. or Mrs. Jenkins to contact the Acting Director. Ms. Kinney-Johnson stated she did not enter Mr. Jenkins's property to view the violations on January 22, 1998, as stated in the minutes of March 19, 1998. She state this case proceeded on the recommendation of Lynne Plaskett. On January 29, 1998, she inspected the property and observed no corrective action had been taken, and left a courtesy notice to correct the violation by February 9, 1998. Ms. Kinney-Johnson reinspected the property on February 9, 1998, February 19, 1998, and March 4, 1998, and found no corrective action had taken place. Upon her visit to the property on April 16, 1998, Ms. Kinney- Johnson observed a current tag had been placed on a grey over black vehicle, but the bus was still backed into the rear yard. The Code Enforcement Officer informed the Board, Mr. Jenkins appeared before City Council in regard to the storage of vehicles. She said City Manager Kevin Grace stated either Mr. Jenkins was going to comply with the code or proceed on to Code Enforcement, Mayor Allman felt the Code needed to be looked at but for now needed to be enforced as written, and Councilman Roberts made a motion to leave Section 712.00 as is. She said during that Council meeting, Mr. Jenkins admitted to keeping an untagged bus and other untagged vehicles in his backyard, which the News Journal quoted him as saying. Ms. Kinney-Johnson said Mr. Jenkins also admitted to Ms. Plaskett there were no tags on the vehicle and bus, which was also stated in the News Journal. She said she had numerous conversations with Mr. Jenkins regarding untagged vehicles and the bus. She also stated the office had received phone calls from Mr. & Mrs. DelNigro inquiring on the status of the case. She presented photographs to the Board for review. Ms. Kinney-Johnson recommended abatement of the violation by May 1, 1998, or a fine of$50.00 per day for each day the violation continues past that date. Paul Jenkins, 2029 Willow Oak Drive, Edgewater, presented to the Board a drawing of his property and three numbered photographs. He described what could be viewed on his property if traveling from different points. Mr. Jenkins said what was printed in the paper was not true, and that nothing was mentioned on the tape or in the minutes from the Council meeting. He said he did not say to Ms. Plaskett what the paper printed. Mr. Jenkins said it was assumed he had untagged vehicles because he made comments that he would not be forced into buying tags for vehicles because of someone making complaints about him. He said he was not admitting one way or another whether there was a tag or not at that time. '-" Citizen C~ Enforcement Board April 16, 1998 - Minutes Page -5- Unfinished Business: Mr. Jenkins asked Ms. Kinney-Jolmson if she did not view the violation, how could she tell there was no corrective action when she reinspected. She said past history had shown a person who was issued a citation for an untagged vehicle in which there was a valid tag, that the person would bring in the registration or the tag itself Mr. Jenkins said his issue is privacy, and that he does not have to prove if there is or is not a tag, that it was the City's job. Mr. Jenkins said his point was constitutionality of privacy and constitutionality of the right to own the property. He proceeded referring to constitutional rights. Mr. Jenkins also referred to a previous case dealing with untagged vehicles which caused City Council to write ordinance 1101.01, which eliminated that clause. He said Section 712.00 said you must have a tag. Mr. Jenkins proceeded to give his opinion on the codes. Mr. Roberts felt this case was beyond the powers of the Code Enforcement Board. Ms. Clayton said the case had nothing to do with constitutionality, but had to do with insurance. She said it was a public policy in Volusia County if you have an automobile, you have a tag on it signifying you paid the appropriate taxes, and have insurance in case of an accident. Ms. Clayton said the purpose of Section 712.00 is to avoid the collection of neglected vehicles. Ms. Clayton said Mr. Jenkins told her, City Manager Kevin Grace, and Ms. Plaskett he didn't intend to buy insurance that is why he didn't have tags. She said the meeting was to discuss what could be done to handle this issue. Mr. Jenkins thought it was a matter of constitutional magnitude, and she said staff tried to explain they didn't feel that was the case. Ms. Clayton said the Board's job was to determine whether or not the vehicle is operable, whether or not there is a tag, and whether or not Section 712.00 has been complied with. To determine the constitutionality issue would be someone else's job. Chairman Fowler asked Mr. Jenkins if the bus was operable. Mr. Jenkins said yes. Chairman Fowler asked him when it was last operated on the road. Mr. Jenkins said August. The Chairman asked if there was a tag on it. Mr. Jenkins didn't want to say one way or another. He proceeded to address State laws and other irrelevant information. Chairman Fowler questioned Mr. Jenkins on the articles published in the newspaper. Mr. Jenkins said he was misquoted, and a retraction was printed the following week. Mr. Jenkins referred to a previous complaint about untagged vehicles and a conversation with former Community Development Director Mark Karet. He said Mr. Karet read the code and told him the vehicle was not dismantled, therefore did not require a tag, and the case was closed. Mr. Jenkins again made his feelings know about the constitutionality of this issue. Chairman Fowler asked for a clarification if the new ordinance superseded the previous ordinance. Ms. Clayton explained, and reiterated, City Council wished to make no change in Section 712. Discussion continued on what the ordinance permited and how the City receives complaints. Mr. Jenkins said this case deals with political harassment. Mr. Vincenzi summarized that the City does have an ordinance which prohibits untagged vehicles, but no proof of the vehicle being tagged or not. Ms. Kinney-Jolmson said she acted on an anonymous letter. Mr. Vincenzi questioned whether the Board wanted to act on the news paper's quoting Mr. Jenkins as saying he had untagged vehicles on his property. Mr. Jenkins repeated he did not say that. '-" Citizen C~ Enforcement Board April 16, 1998 - Minutes Page -6- Unfinished Business: Ms. Clayton said Section 712 does exist and Council had addressed it as a policy of the City. She said as far as proof, there was probable cause, and the question could be cleared up by the cited individual producing a copy of the tag or the insurance for the vehicle. Chairman Fowler asked Ms. Clayton what was stated in the meeting with staff and Mr. Jenkins. Ms. Clayton recalled Mr. Jenkins stated to her, Ms. Plaskett and Mr. Grace, that he did not have a tag or insurance. The Chairman asked Ms. Plaskett if she concurred with Ms. Clayton's statement. Ms. Plaskett said yes she did, and added, when she told Mr. Jenkins it was her understanding that he told the Code Enforcement Officer that the vehicles were untagged, he said he may have told Mr. Karet not Ms. Kinney-Johnson. Mr. Jenkins again repeated he was being politically harassed. Mr. Vincenzi asked if it was a City official or a private citizen. Mr. Jenkins said it was a private citizen. Mr. Vincenzi said the case had dragged on long enough, and if a motion was needed to end discussion and asked for the procedure. Ms. Clayton said one could call for a motion to put discussion at an end, and then take action. Chairman Fowler offered a witness a few minutes to make a statement. Mr. DelNigro, 3130 Tamarind Drive, Edgewater, said if you go south on Victory Palm, you can see the vehicle clearly. He said if the Board allows Mr. Jenkins to keep his bus and any untagged vehicles on his property, they would have to allow the whole City to do the same thing. When Mr. Jenkins tried to ask Mr. DelNigro a question, Mr. DelNigro replied, he did not want to talk to him. Mr. DelNigro told Mr. Jenkins to talk to the Board not him. Mr. Jenkins said he was being denied his right to cross-examine Mr. DelNigro. Chairman Fowler called for a brief recess at 7:15 p.m. and resumed the meet at 7:24 p.m. Chairman Fowler asked direction from the City Attorney before proceeding. Ms. Clayton stated, in a quasi-judicial proceeding, witnesses are sworn in, and there is a right to debate a point of difference between each side. Ms. Clayton said Mr. Jenkins could direct his questions to the Chairman and the Chairman could then direct them to Mr. DelNigro. Mr. Jenkins said he would like to ask Mr. DelNigro, has he or has he not made several complaints to the Code Department on this issue? Chairman Fowler said since this was a cross-examination, Mr. Jenkins couldn't ask questions about things that had not been previously brought up. Ms. Clayton agreed. Mr. Jenkins then called Mr. DelNigro as a witness. Ms. Clayton said it didn't matter ifhe called Mr. DelNigro as a witness. If he had filed complaints in the past, it was not an issue in this matter. Mr. Vincenzi moved to end discussion. '-' Citizen C~ Enforcement Board April 16, 1998 - Minutes Page -7- Unfinished Business: Mr. Jenkins said he still had witnesses. The City Attorney said Mr. Jenkins needed the opportunity to call those witnesses. Mr. Jenkins then called Lynne Plaskett, who was sworn in. Mr. Jenkins asked Ms. Plaskett if she recalled specific information during a conversation that took place outside her office, and at a meeting with staff. Ms. Plaskett told him what she recalled saying. Mr. Jenkins further questioned Ms. Plaskett on statements she made, phone calls she received, and information that was printed in the newspaper. Ms. Clayton reminded Mr. Jenkins to direct his questioning of Mr. DelNigro to the Chairman, he would determine its relevancy, and direct it to Mr. DelNigro. Mr. Jenkins asked if Mr. DelNigro make any complaints about him having no tags on vehicles. Chairman Fowler felt it was not an issue. Mr. Jenkins said he previously raised the issue of political harassment, and said Mr. DelNigro had harassed him through filing complaints. Ms. Clayton said one phone call had been received in this case, and a sworn affidavit had been filed on a previous complaint. She did not consider this to be harassment. Mr. Jenkins asked if Mr. DelNigro entered the neighbor's yard behind him in an attempt to verifY if tags were on the vehicles. Ms. Clayton said the question was completely irrelevant. Mr. Jenkins said he was trying to prove why he considered this harassment. Ms. Clayton said there was a quick way to avoid harassment and that was to be in compliance. Mr. Jenkins called his son Jeff as a witness. Mr. Jenkins asked Jeff if there was a tag on the motor home (bus), and he answered yes. Chairman Fowler asked Jeff if there was a valid current tag on the motor horne, and Jeff said he was not sure. Jeff informed the Board his father had a photographic memory, and so he would know what he said or did not say as quoted in the newspaper. Jeff said he had seen Mr. DelNigro looking through his fence into the back yard. Mr. Roberts felt Mr. Jenkins was putting the Board in the middle of a feud between Mr. DelNigro and himself. He said no one yet has said if there is or is not a license plate on the vehicle. Mr. Jenkins told the Board it was a current license plate. The Board expressed their resentment at having sat for two hours after having asked Mr. Jenkins repeatedly if he had a valid tag. Ms. Clayton suggested having the Code Enforcement Officer invited onto Mr. Jenkins's property to confirm what he said. Mr. Jenkins said he went as far as he was going to. Chairman Fowler said it was the end of discussion and entertained a motion. Mr. Vincenzi, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 98-CE-0018 and 98-CE-0018(A) that a violation of Section 712.00 of the Edgewater Zoning 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 violations committed by the Violator, further moved that the Violator be given until May 1, 1998, to correct the violation or show proof it has been corrected and that afine of $50.00 each be imposed for each day the violation continues past that date, seconded Mrs. Borner. Motion CARRIED 5-0. '. .....,. Citizen C~ Enforcement Board April 16, 1998 - Minutes Page -8- Unfinished Business: 3. Case #97-CE-0643 - Surf Construction & Development Co. Robin Wolf, Legal Assistant, was asking the Board to acknowledge receipt of payment in the amount of $100 and authorize the Chairman to execute the Satisfaction of Lien. Mr. Roberts so moved, seconded by Ms. Johnson. Motion CARRIED 5-0. NEW BUSINESS: Item #2 Aoolications Review. Chairman Fowler said for those who did not know, Don Schmidt submitted his resignation. From the applications in the members packets, the Chairman said Sonja Wiles stood out as his selection for Mr. Schmidt's replacement. He asked for any comments. Mrs. Borner moved that Sonja Wiles be considered for a seat on the Code Enforcement Board, seconded by Ms. Johnson. Motion CARRIED 5-0. DISCUSSION ITEl\'IS: Chairman Fowler was reminded his and Mr. Roberts's terms were about to expire, and they needed to submit their letters for reappointment. CODE ENFORCEMENT COMMENTS: N one at this time. ADJOURNMENT: There being no further business to come before the Board, a motion was made and accepted to adjourn. The meeting adjourned at 7:58 p.m. Minutes respectfully submitted by: Elizabeth 1. McBride, Board Coordinator Citizen Code Enforcement Board c:\ceb\minutes\041698.reg