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01-20-2000 f '-' """"" CITY OF EDGEW A TER CITIZENS CODE ENFORCEMENT BOARD REGULAR MEETING THURSDAY, JANUARY 20, 2000 CALL TO ORDER: Chairman Fowler called to order the regular meeting of the Citizens Code Enforcement Board on Thursday, January 20, 2000. ROLL CALL: Members present were Chairman Fowler, Linda Johnson, Maureen Bomer, George Ann Keller and Ben DelNigro. Frank Roberts was recorded as excused and Sonja Wiles as absent. Also present were Code Enforcement Officers Jon C. Williams, Beverly Kinney-Johnson; Dennis I. Fischer, Building Official; Robin Wolf, Legal Assistant; and Sondra M. Pengov, Recording Secretary. APPROVAL OF MINUTES: A motion to approve the minutes of December 16, 1999 as submitted was made by Ms. Bomer with a second from Ms. Johnson. The motion CARRIED 4-0. Chairman Fowler refrained from voting as he was excused from the December 16, 1999 meeting. SWEARING IN OF WITNESSES: Chairman Fowler asked Code Enforcement Officers Jon C. Williams and Beverly Kinney- Johnson and anyone else with testimony or comments pertaining to any of the cases to stand and be sworn in. Code Enforcement Officer, Jon Williams was sworn in at this time. CASES IN COMPLIANCE: Chairman Fowler asked Mr. Williams whether any cases had come into compliance. Mr. Williams reported the following cases to be in compliance: 99-CE-0143 - Ronald Jones/Dawn M. Tarus and; 99-CE-0163 - James & Donna St. Denis NEW BUSINESS: 99-CE-OI42 - Ronald JoneslDawn M. Tarus - Property located at 2614 Vista Palm Drive; open storage on residential property; violation of Section 1101 of the Edgewater Land Development Code. Code Enforcement Officer, Jon Williams gave an accounting of the property located at 2614 Vista Palm Drive. He stated his first visit to the property was October 14, 1999, at which time outside storage of gas cans, five gallon buckets, old lawn mower, empty boxes, and various other items were observed. Mr. Williams said a Courtesy Notice of Code Violation was left at the residence describing the code violation existing and the amount of time for compliance, which was ten days. Mr. Williams said a re-inspection was made on October 26, 1999 and no corrective action had been taken. Mr. Williams further said a Notice of Violation was sent on November 2,1999, setting the date for compliance to be November 14, 1999. A re- '-' ""'-" inspection was made on November 15, 1999, and no corrective action was observed. Mr. Williams continued, saying a Notice of Violation Hearing was sent on November 16, 1999, but returned to sender, attempted not known. He said this case was postponed (as no new business was heard) at the December Code Enforcement Board hearing to the January meeting. The re- inspection of the property was conducted on January 5, 2000 with no corrective action observed. Mr. Williams informed the Board that City Hall and Mr. Jones and Ms. Tarns's property had been posted ten days prior to the scheduled hearing as required by Florida Statute. Mr. Williams then produced pictures of the subject property and told the Board no contact was initiated by Mr. Jones or Ms. Tarns during the course of the case. In conclusion Mr. Williams stated, because residential outside storage exists on the property, staff has determined, Section 1101 of the Edgewater Land Development Code has been violated, and asked the Board to determine the corrective action to be taken, date for compliance and the fine amount. Chairman Fowler noted that neither Mr. Jones or Ms. Tarns were present for the hearing and asked the Board members if they had any questions for Mr. Williams. Ms. Johnson questioned how the notices were sent and how Mr. Williams ascertained the owners ofthe property. Mr. Williams replied, notice was sent certified mail but came back, stating no such address. Mr. Williams said addresses are obtained through the tax rolls at the Property Appraisers office. Chairman Fowler said upon review of the pictures it is evident that someone is residing at the residence. Mr. Williams said items originally sited have been corrected, however other items have been left in their place as shown in the current picture. Chairman Fowler asked Ms. Wolf if a Board member (Ms. Keller) could testify her findings of the subject property? Ms. Wolf replied yes, after being sworn in. Ms. Keller stood while Ms. Pengov swore her in. Ms. Keller stated she had driven by the subject property after receiving her agenda packet for the Code Enforcement meeting. She said she observed additional materials, cars, assorted items on the side of the house as well as a gentleman standing by the side of the house. Chairman Fowler inquired ofMr. Williams whether he questioned the post office as to why the certified mail was returned. Mr. Williams replied he had not questioned the post office. Ms. Wolf stated according to Florida Statutes the name and address recorded in the Property Appraisers office is what the Code Enforcement officer is required to use for ownership identification. The Chairman also mentioned the posting of the subject property as well as posting City Hall so the occupants of the house should have seen the notice. Ms. Wolf replied, the occupants should have seen the posting and made contact with Code Enforcement. Mr. Williams said the original notice was left on the door and on his next visit it had been removed. II ..., .."", Ms. Johnson inquired whether the Code Enforcement Officers' were able to check utility billing to see who was paying the bills at that address. Ms. Wolf responded the owner of the property is on the utility billing, however, if the property is rented, the renters name doesn't appear on the billing. Ms. Johnson made a motion to require Code Enforcement personnel to make personal contact with whoever is living in a house to ascertain there is someone living there and who they are, (a tenant or property owner). They will then be able to make a more appropriate determination. Ms. Keller seconded the motion. The Chairman asked for discussion. He stated the motion did not address this case. If a general motion concerning the actions of Mr. Williams or Ms. Kinney-Johnson in the manner by which they contact alleged violators, the motion should be done during discussion later in the agenda. Chairman Fowler said he would like to keep the motion to said case. Ms. Keller withdrew her second and Ms. Johnson withdrew her motion. Ms. Borner after hearing the testimony presented and the recommendation of Staff, moved in reference to Case Number 99-CE-0142 that a violation of Section 1101 of the Edgewater Land Development Code 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 be given until January 31, 2000 to correct the violation or a fine of one hundred dollars ($100.00) per day be imposed until the violation is corrected. Seconded by Ms. Keller Ms. Johnson stated her concern is with notification procedures of the property owners. Not knowing whether it's the property owner or a tenant living in a house is her concern. She said she is hesitant to "nail" a violation on people not knowing who they are. Chairman Fowler rebutted saying, the letter of the law was followed in handling this particular case, therefore if we spend six months chasing people down, more money than the City will ever get out of it will be spent. The issue is not talking to property owners face to face. The law states the procedures for siting violations and the Code Enforcement Officer followed them. There being no additional discussion the Chairman asked for roll call for the motion on the floor. Motion Carried 4-1. Ms. Johnson voted no. UNFINISHED BUSINESS: There was no unfinished business at this time. DISCUSSION ITEMS: Ms. Keller said she attended the December 20, 1999 City Council meeting and a citizen requested the Council review the Code Enforcement Board's denial to rehear a case previously rejected. She said it was determined by Council to erase a lien and some of the costs. Ms. Keller expressed her concern as to why the Council "wiped out" the Code Board's decision. Ms. Kinney-Johnson asked if she could explain the case. After being sworn in Ms. Kinney-Johnson explained the two issues had been corrected and that is probably why the lien was satisfied. Chairman Fowler said the Code Enforcement Board had voted not to hear the case and the III '-' ..",., violator then had the right to appeal to City Council. Discussion followed as to the legal handling of cases at that time. Chairman Fowler asked Mr. Fischer what the plan was for liens. Mr. Fischer replied his understanding is the City Manager is saying to leave liens on the books for six months. If they are not satisfied at this point they should be turned over to the City Council. The Chairman said the Board needs to be informed ofthe status, after a lien is three months old. Chairman Fowler said he likes the idea of a six months and a status update. Review applications/applicants and submit recommendation to the City Council/or filling Board vacancy. The Board reviewed the applications provided. The consensus of the members was to choose three applications and invite the applicants for a brief interview. The applicants selected were: Ms. Delores Cucanich , Mr. Russell Baugher, III and Keith Cope. Ms. Susan Hammond was picked as an alternative. Mr. Fischer said a letter will be sent to the applicants inviting them to the next meeting. Ms. Wolf informed the Board that interviews for City Attorney will be had at the January 24, 2000 City Council meeting. CODE ENFORCEMENT COMMENTS: Mr. Williams said he would like to assure the Board that every attempt is made by Code Enforcement Officers to be pleasant to residents and to contact them by mail, phone and/or in person and to follow the process accurately. None at this time. ADJOURNMENT: There being no additional business to come before the Board, a motion was made and approved to adjourn. The meeting adjourned at 6:45 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Recording Secretary :smp Cdbdminutes.I-20-00 IV