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04-20-2000 "w'.....,.; CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 20, 2000 5:30 P.M. COHHUNITY CENTER MINUTES CALL TO ORDER Chairman Fowler called the Regular Meeting to order at 5:34 p.m. in the Community Center. ROLL CALL Members present were: Chairman Tony Fowler, Linda Johnson, Ben DelNigro, George Ann Keller, and Susan Hammond. Also present were Code Enforcement Officer Beverly Kinney-Johnson, Code Enforcement Officer Jon Williams, City Manager Kenneth Hooper, Building Official Dennis Fischer, Police Lieutenant Bill Britain, Attorney Sidney Nowell, and Deputy City Clerk Lisa Bloomer. SWEARING IN OF WITNESSES Chairman Fowler asked if there were any witnesses concerning any cases that are before this board. There were no witnesses at this time. Deputy City Clerk Bloomer swore in Code Enforcement Officers Beverly Kinney-Johnson and Jon Williams. CASES IN COMPLIANCE 2000-CE-0016 - William & Delores Geno Chairman Fowler stated there is one case being shown under Cases in Compliance and asked if that was the only case currently in compliance. Ms. Kinney-Johnson reported the following cases to be in compliance: 2000-CE-0024 (A) (B) - Richard, Barbara, & John McLaren - Trustees 2000-CE-0032 - James & Jean Phelps NEW BUSINESS There was no new business due to the cases listed being in compliance. UNFINISHED BUSINESS Chairman Fowler apologized for not having formally introduced Susan Hammond, who is the newest member of the board. He failed to do that last month and welcomed her aboard. .....,.., "'-' Land Development Code Chairman Fowler stated personally he didn't spend a lot of time on it because he knew they have a workshop coming up. He asked the Board if they had any questions. APPROVAL OF MINUTES Reaular Meetina of March 20. 2000 Ms. Johnson stated she believed there was a correction needed on Page 5, paragraph 4. There is a statement by Ms. Kinney-Johnson which she believes should be her. Ms. Hammond referred to Page 4, paragraph 3. It says Ms. Kinney- Johnson stated for the first violation unless it is irreparable and then it's $5,000. Ms. Bloomer stated it must be $500. Ms. Kinney-Johnson clarified that on irreparable damage it is $5,000. That is a correct statement. Chairman Fowler stated noting the one change on Page 5, paragraph 3, do I hear a motion to accept the minutes as written with that one change. Ms. Johnson made a motion to accept the minutes as corrected, second by Mr. DelNigro. The motion CARRIED 5-0. The Board then went back to discussion regarding the Land Development Code. Ms. Hammond asked if someone was available that is familiar with the Land Development Code. Chairman Fowler stated City Manager Hooper and Building Official Fischer were present. City Manager Hooper informed the Board where we stand with the Code and what is happening. The Planning & Zoning Board were given their copies and held their first public hearing. They got through the Code with a recommendation of approval to the Council with some minor changes. The City Council was given theirs. They have their work session scheduled for May 8th and May 22nd. They are going to divide it up into two work sessions and take public input and then schedule public hearings probably the first Council meeting in June. He thinks what they are looking at here is they have got their codes looked through and asked questions, whatever we could do on that. Is it scheduled for May 4th, the work session? Chairman Fowler stated he heard May 4th or 5th. He didn't know if it was actually scheduled at this point. Attorney Nowell stated he has a tentative date of May 4th at 5: 30 p.m but he thought it had to be cleared with all the Board members. Page -2- Regular Meeting April 20, 2000 ~ "'-' Ms. Hammond asked if he would prefer that she wait until then to bring up these questions she has. city Manager Hooper asked her to tell him what kind of questions she is talking of. Ms. Hammond stated there is no regulation for child care. There is something on the church and something on ALF's but she didn't find anything that governed child care in the home. City Manager Hooper stated it should be there. He feels they should wait and have Ms. Plaskett at the work session and she will answer those kinds of questions. She has worked more with land use and hat is going to be in some of the zonings and the different categories and definitions. Attorney Nowel.l suggested if the Board has any questions before. May 4th to send them to him to be assured there will be some response during the work session on the questions. city Manager Hooper stated same with him. If they will let him know, they can distribute them out and that will give Lynne a chance to look over what she is going to respond to, if you have them in writing. He is not suggesting they have to but if they have additional comments and they want to do something with those, just give him a call or Lynne Plaskett. Ms. Keller asked about section 21.34-5(d). When we had discussed this before she had said something about, this is about vehicl~s restoration and permits. Item D where it says when not working on said vehicle it shall be stored from view by fencing, screening, custom car cover or stored inside a garage or carport. The location of vehicles that are stored outside of a garage or carport shall be located behind the front dwelling line. Back when we were given a copy and we discussed it in our February meeting, she had asked about the carport being scratched from that item and Mr. Fischer agreed to remove the carport from that section and not to have it stated as inside of a garage or carport. Take the carport out. But she noticed in the copy o.f the Land Development Book they were just given that it still has or carport written in there. City Manager Hooper stated on those kinds of things what they ought to do is when they go through the work session they will make notes of that. The Code as YQcr see it right now is what is going to council and they wi~l have the Board's comments on their suggested changes and the Planning & Zoning comments on suggested changes as well as public input and as well as staff. Ms. Keller stated she had another question, which she could hold off until the workshop too, in Article X. city Manager Hooper asked if it is a detail about it or a question of what it is intended to do. Page -3- Regular Meeting April 20, 2000 '-" .." Ms.--Keller stated where you stated the agenda for- the citizen Code Enforcement Board shall be prepared ten days prior to the scheduled Code -Enforcement Board. In our copy that we got of the bylaws for this meeting, it's crossed out and she didn't know if they were deleting the ten days prior. It's Item H in the bylaws under Article V concerning meetings. It says an agenda shall be prepa~ed by the Board coordinator and then it looks like it is crossed out on the ten days as stated in the new Land Development Code. She was questioning that. city Manager Hooper stated that is going to be a date that the Board selects. As a group they will pick how many days in advance they want the agenda. Chairman Fowler stated another issue he does not see under Unfinished Business on the agenda which is the citizen Code Enforcement Board bylaws, which they have changed some wordingl etc. over the past two or three meetings and he believes this is the latest edition of said changes. city Manager Hooper explained what they intended to do there was, they had asked that that be part of their work session. They had sent to sid the bylaws so they have copies. It will be on the next month's agenda and then on the work session for them to discuss. Chairman Fowler stated so this is for reference purposes at' thi~ point-in time. Ci~y Manager Hooper stated that is correct. - DISCUSSION ITEMS 514 Sea Gull Court. since the last Code Enforcement Board Hearinq. this residence has sustained a fire. The current resident. Mr. Gilliqan has moved. Belmont Homes is in the process of foreclosinq on the property and has promised to maintain the residence until ownership is transferred to them. Staff requests a 30 day extension for code action until April 30. 2000. Chairman Fowler stated he wants to understand one thing. They have a discussion item to yeah or nay a request by staff for a 30-day extension on a particular case. How can they do that when nothing is here. You are asking for 30-day extension but you- have nothing on the agenda other than the request for it at the tail end of everything. Ms. Kinney-Johnson stated this is going to be Jon's case and this is the last case he has and he will be finalizing it out. Mr. Williams presented a recap of the Board's original order as of the last meeting of the nature of the Code violation and the turn of events that took place during adjournment -of that meeting. The tenant Mr. Gilligan who was found in violation of outside storage and was given until March 31, 2000 to correct it or a fine of $100 per day would be imposed on the property has been removed from the premises. Partly because of a fire and- partly because the pres~nt mortgage holder is going to foreclose. Page -4- Regular Meeting April 20, 2000 --- ...., Mr. Williams further stated Mr. Fischer and I discussed the events that have taken place and decided to bring it back to the board and ask for an extension on behalf of Mr. Carder, also known as Belmont Homes so he doesn't get any unnecessary liens placed against the. property. This is why I stand before Board tonight. Ms. Hammond asked what Mr. Carder asks for specifically, a certain amount of time. Mr. Williams stated basically he doesn't want to see any fines or liens placed against the property. It was Mr. Williams' suggestion that they ask the board for until the end of the month for compliance. In the event that there was no compliance on his behalf or other violations of 'outside storage show up on the property that we go back to the original order of the board. Mr. Carder assured him he would be taking care of the property and make sure there were no 'additional . violations. Ms. Hammond asked if the fire was extensive. Mr. williams stated just mainly in the garage. He provided the board with some pictures that were taken on the 14th that.showed some storage of stuff at the right-of-way. In the picture of the garage, you can see some smoke damage in the garage. To further illustrate, he did h~ve a picture that was taken the day after the fire which he passed around to the Bo~rd members. . Ms. Hammond stated so Mr. Carder is working on it. It'is a work in progress. Mr. Williams stated yes. Ms. J9hnson asked Mr. Williams if he was giving testimony with regard to this case. Were you sworn in? 'Mr. Williams ~tated he was sworn in. Ms. Johnson stated she just wanted to be sure. Chairman Fowler asked if there were any further questions. Chairman Fowler stated the.way he understands this'is.that the original motion incurring $100 per day fine starting Aprii 1st, 2000. Your reason for being here is to waive sa~d date of April 1st to May 1st prior to any fines accruing. Mr. Williams stated that is correct. Chairman Fowler stated and that being based on the fact that there is work being done. He is trying to recap some of this. Plus the~rior cooperation of Mr~ Carder in previous cases over the years that have concerned this same residence. Are there any other comments or questions regarding this request. ~ Ms. Hammond asked what they do about from the 1st of April until now. Do we ~aive those fees that we were charging or ~hat do we do with those. Chairman Fowler stated again what he understands it to be is we will make a motion either to forego or extend the March 31st deadline to the April 30th deadline which then means that no fines would accrue until May 1st instead of April l"t. Page -5- ' Regular Meeting April 20,. 2000 '-" ...., Chairman Fowler further stated yes we would waive whatever has accrued up to this point in time. It is up the board to decide whether to go ahead and waive those fines and give them the additional 30 days or to accept it as the motion was originally made and carried. . Ms. Johnson asked Attorney Nowell if he had any input. Attorney Nowell stated he thinks that is a practical solution. He thinks at this point in time there is probably some question against who are you going to levy these fines against and who are you going to collect them from. He thinks from a practical standpoint, it makes sense to wait until May 1st. If Mr. Carder or some' su~sequent buyer becomes the owner of record and there is continued problems, then you have a clear target. Right now he thinks there is some question about who you could even collect against. Chairman Fowler stated it would probably"be quite difficult since Mr. Gilligan is defaulting on the whole thing and is in foreclosure. He asked-if there was a motion. - Ms. Johnson questioned if 30 days was enough time. Attorney Nowell stated he had the same question. He is assuming Mr. Carder said he could. Mr. Williams stated he doesn't know if the actual foreclos~re will take place in 30 days. He has guaranteed that he will maintain the outside of the residence in the event he"doesn't take possession o~ the property. He won't go inside and start repairing structurally anything that was done until he can actually take the possession back over. Ch~irman Fowler stated the only issue we.have to look at is a violatiqn 0 f section 1101. If that does not include inside, we have nothing to say about inside at this point in time. We are only looking at the violation that was before us a month ago, which he believes was trash outside. If that has been cleaned up, which 30 days is more than ample to clean it up because we only gave Mr. "Gilligan approximately two weeks to do so, if it was even that long. So 30 days is plenty of time to take care of the violation that was before us that the motion was made 9n. As far as any future violations, that is another issue totally. Ms. Johnson made a motiQn with regard to Case'#2000-CE-0030, Mr. James Gilligan and his violation of section 1101, that they grant an extension until April 30th before any liens are imposed, second by Mr. D~lNigro. Chairman Fowler stated his only problem with the motion is the extension before any liens will occur. Ms. Johnson stated you have to enter an order for the liens. Chairma~ Fowler stated what we are doing is extending it before any fines'occur. Ms. Johnson stated that was her-error and asked to. stand corrected. They changed that word to fines as opposed to liens. Page -6- Regular Meeting April 20, 2000 ...... ..., Chairman Fowler stated he is assuming Mr. DelNigro withdrew his second at the moment she amended her motion, now you can resecond it. Mr. DelNigro reseconded the motion. The motion CARRIED 5-0. CODE ENFORCEMENT COMMENTS Jeanne DeINigro,'3130 Tamarind Drive, stated her concern in Edgewater or Florida ,Shores or w~atever you can to call it is one thing. The Code'Board is sending out a Code Officer to go out ~nd violate people that have their lawns that are not'being cut and the extent is, she guesses 24 inches. Ms. Kinney-Johnson stated twelve inches. Ms. DelNigro stated they are bringing them into violation of their lawns aren't cut. She l'i ves on one of the side streets that were closed off and to her ~he city seems like it is in violation because they aren't cutting the grass either. She asked if they will be able to fine-the city. Chairman Fowler s~ated they can't do anything until it comes before the board and he doesn't think that will ever happen because Bev is going to call somebody and get it cut. She 'asked if she has to call Bev or Lisa or have it put on an agenda to find out if this is something that is going to be ongoing 'with the City of Edgewater. Because those guys don't come out and cut the lawn like they are. She knows because hers right now in the front is high and it is their responsibility. chairman Fowler stated his opinion would be that theLperson either go through Mr. Hooper and let it drift down to the department.heads and let them attack and find out. Maybe they are scheduling for certain areas is not being kept up or something of that nature. To call Bev, he doesn't think will get it done as quickly as to call Mr. Hooper. City Manager Hooper stated it is probably under Terry Wadsworth. He will work with it tomorrow. Ms. DelNigro asked if they will still be violating the people that their grass is little bit high when the City's grass is higher. Chairman Fowler stated this has been a question that personally he has always had that if you don't lead by example, it causes problems again. He doesn't know the legal end of things but if a case is brought before this board and everything is done properly, there is no choice that they have. 'How the City handles it is not for them to govern at this point. Attorney Nowell stated he hasn't seen the City Charter but typically you do not have one department of a City enforcing laws against another part of a City. It typically is handled unofficially. However, that doesn'~ mean, as a private citizen you don't have recourse. You can actually file a manda~us action against the city t9 perform the duties it is supposed to perform. So 'there is a recourse for a private citizen against a public entity. He doesn't believe this board has the authority to violate the City. Page -7- Regular Meeting April 20, 2000 ~ ...,., Ms. DelNigro asked if you are allowed to park on the street, on any street in front of your property, are you allowed to park Y9ur vehicle there or are you in violation. Chairman Fowler stated he thinks what she is misconstruing is that" this board is not empowered to go after people. You have the Code Enforcement Department and they go after the situation. If it is not corrected, then they are notified and through the chain it ends up in front of this board for a final hearing. He stated as far as the Code book, he would have to go back and look it up to see exactly how many wheels you can park in a right-of-way. "Ms. DelNigro stated she would like to know.. Chairman Fow~er asked if it is a tagged vehicle. Ms. DelNigro stated it ~s a tagged vehicle. Chairman Fowler stated.it would be hard in a lot of cases not to allow it if it is not excessive. Attorney Nowell stated he understands there are no restrictions. City Manager Hooper stated the current Code doesn't." The new Land Development Code does not allow you to park on public right-of-way. Ms. DelNigro stated so you aren't allowed to park in front of your own property. City Manager Hooper stated you are not supposed to park on the public right-of-way. CQairman Fowler asked him to define public right-of-way. City Manager Hooper stated the right-of-way of the street. Chairman Fowler stated so it doesn't count the easement between the sereet and the property. Ms. DelNigro stated so in other words, if a car is on the easement. You can't go into the easement, you would be in water. City' Manager Hooper stated you will not be allowed to park in the public right-of-way of publicly owned property. Ms. DelNigro stated so in other. words, we can park in front of our own property. City Manager Hooper stated if it is your property, you can park on it. If it is public property, you can not park on it. Ms. DelNigro stated so in other words, that right-of~way easement in front of her house, where that hole is full of water, she can't put one of her cars out there and leave it there without a policeman coming by or she can call the police on someone and have them come out and tell them to remove the car from that piece of property. City Manager Hooper stated if the Land Development Code is put in place. Lieutenant Britain stated you can not park in the swales right now. Ms. oelNigro asked where company is supposed to park their cars if they come to visit. Lieutenant Britain told her on the front yard or on their property. Chairman Fowler stated in front of his house, there is approximately 15 feet from his property 1ine to th~ street. You are saying he can not park a vehicle on that. city Manager Hoope~ stated he is saying if the new Land Development Code goes into effect, you can not technically park there. If you park there and you cause a problem, then something can occur. Page -8- Regular Meeting April 20, 2000 ... ....., Chairman Fowler stated he has not read-that exact section but. if it does not state in there that it has to create a problem before you are ticketed or whatever else, think about all of this property that is being maintained by people that live there and if they all suddenly say I am not going to mow it, how many people do you think it is going to take to mow all of that grass. He feels as long as the ordinance is written in a fair manner. city Manager Hooper stated the issue there is the way it is written says no parking in the public. right-of-way. It isn't going to be up to him to determine whether or not it is a problem area. If there are complaints on it and it creates a problem, then it will be back before the Code Enforcement Board who will decide if it is a problem. - City Manager Hooper commented on part of the reason Code Enforcement is being moved to the Police Department is to add some enforcement power and clout to that for those simple type things. Chairman Fowler stated if said pers9n never parked there and said its not my property and I am not going to mow it and the weeds or grass ends up over. 12" high, is Bev going to go after the homeowner because it is right there in his front yard. City Manager Hooper explained it depends on where it is. If it is just the right-of-way, she isn't going to go up to the owner. She is going to go back and the City is going to have to deal with it. J City Manager Hooper commented on two more issues the Board needs to pay attention to. The first one is vehicles over 24 feet in length. The second one is the temporary carports and tarps. Ms. Hammond stated what if someone defaults on a mortgage on the home and nobody buys it or it goes back to the bank or a mortgage company and they just let the place sit there, what recourse do they have. City Manager Hooper explained the long process when that happens. Ms. Hammond stated the house in question is on ,her street and elaborated on the situation. City Manager Hooper stated the bank or the mortgage company would be noticed that they would have to make those improvements to bring it back up to minimum standards. Ms. Hammond stated it is a bit of an eyesore in the neighborhood. The grass doesn't get cut that ofte~. It has a pool and everything. It is a shame. Ms. Hammond asked if they could do anything about it. city Manager Hooper stated yes, there are things that can be done. and if that is a complain, then the City will look into it. Page -9- Regular Meeting April 20, 2000 .,... ...., Lieutenant Britain asked what address that is. Ms. Hammond stated it is on Sabal Palm Drive on the 19 or 20 hundred block. It is right on the corner. Ms, DelNigro stated she used to be on the board and you can not turn in a violation or speak of a violation. It has to be another person that turns that violation. in. Chairman Fowler stated in this case, they sort of got a little laxed and ran it as"a question as to how it would be handled when a bank had to forec!ose. We are going to view it as that and let it go at the moment. Ms. Keller asked how they are doing with any applicants. They have two openings on the,board and it wasn't on the agenda. City Manager Hooper stated there are a number of applications and the city Clerk's office has them and they will be going over tomorrow. It is either on the Council for May 8th or May 22nd for appointments to the board. He doesn't know how many they have had but they have had quite a number of new applicants. They didn't specify that they wanted to be on the Code Board but we have some new applicants. City Manager Hooper commented on the change th~t is occurring in Code Enforcement. The department is moving from Mr. Fischer's control to Chief Schumaker's control. We are doing that strictly because we are trying to add more enforcement to the Code. Enforcement Department and make it so that it has in essence more clout. They are looking over procedures. The actual move takes place May 1st. Lieutenant Britain is in charge of that and Beverly is working with him and looking at the cases we' currently have underway. Jon is now with the Finance Department. They are holding final interviews on a second Code Enforcement Officer next Friday. He thinks with the uniform and so forth it will add clout to that. Chairman Fowler congratulated Jon. Mr. Williams stated it has been a pleasure working with each and everyone of them. ADJOURNMENT There being no further business to discuss, Chairman Fowler adjourned the meeting. The meeting adjourned at 6:20 p.m.. Minutes submitted by: Lisa Bloomer Page -10- Regular Meeting April 20, 2000