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11-16-2000 ~ ....", CITY OF EDGEW A TER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING November 16,2000 5:30 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Chairman Tony Fowler called to order a regular meeting of the Citizen Code Enforcement Board at 5:30 p.m., Thursday, November 16,2000, in the Community Center. ROLL CALL Members present were Chairman Tony Fowler, Vice Chairman Linda Johnson, Ben DelNigro, George Ann Keller, Susan Hammond and Bobbie McGuire. Also present were Attorney Sidney Nowell, Lieutenant Bill Britain, Code Enforcement Officer Beverly Kinney-Johnson and Assistant to City Manager Elizabeth McBride. APPROVAL OF MINUTES The minutes for the regular meeting of August 17, 2000, were presented to the Board for approval. There being no corrections or changes, Ms. Keller moved to approve the minutes of August 17, 2000, second by Mr. McGuire. Motion CARRIED 6-0. SWEARING IN OF WITNESSES Chairman Fowler requested any witnesses to be heard by the Board to stand and be sworn in. Ms. McBride swore in Code Enforcement Officer Beverly Kinney-Johnson and Ernest Wheaton, 1243 Durrance Lane, Flagler County. Charles Clark, 90 Cunningham Drive, New Smyrna Beach was sworn in during the testimony of Case #2000-CE-0087. CASES IN COMPLIANCE Lt. Britain reported Case #2000-CE-0203, James M. & Lisa Remmington, in compliance. NEW BUSINESSIPUBLIC HEARINGS: Case #2000-CE-0087 - Ernest Wheaton, Trustee. Storage of aluminum, metal, glass, etc. on property, Section 717.01 and 717.03. Code Enforcement Officer Beverly Kinney-J ohnson reported she first observed the violation on June 5, 2000, at which time she left a Courtesy Notice of Violation and a business card with a young female resident. After inspecting the property on July 10, 2000, Ms. Kinney-Johnson found the scrap aluminum and metal had been removed from the property facing India Palm Drive, but was still visible behind and over the fence on the side yard, along with the glass and screening that still remained. '-" ...., Citizen Code Enforcement Board November 16, 2000 - Minutes Page -2- On July 11, 2000, Charles Clark came into the office acknowledging to Code Enforcement Officer Mike McGrath that he knew there was a problem, and was granted a 30 day extension to comply. Ms. Kinney-Johnson reinspected the property on September 13, 2000, and observed metal and aluminum scrape behind chain link fencing on both Hibiscus Drive and India Palm Drive. She also observed an A-Frame, glass, screening and some window frames. On September 20,2000, a Notice of Violation was sent by certified mail to Mr. Wheaton, and accepted and signed for by Melody Rose on October 7,2000. Ms. Kinney-Johnson made another inspection of the property on October 10, 2000, and detected a new large pile of scrap aluminum. Ms. Kinney-Johnson reinspected the property on October 17, 2000, and found the new pile of scrap aluminum had been removed from its previous location and placed behind the chain link fence. On November 2, 2000, a Notice of Violation Hearing was sent by certified mail to Mr. Wheaton, and accepted and signed for by Carol Wheaton on November 6, 2000. On November 7, 2000, Charles Clark came into the office to discuss the violations with Ms. Kinney- Johnson. Mr. Wheaton had leased to Mr. Clark the exterior of the property for a salvage yard, and the residence to other persons. On November 15, 2000, Mr. Wheaton came into the office one time to say the property was in compliance and a second time to ask that the case be removed from the agenda. On that same day, Ms. Kinney-Johnson revisited the property and observed the chain link areas previously visible had been covered with tarp. She also inspected the property on November 16, 2000, and found the tarp still placed over the chain link fencing to screen the scrap aluminum, metal, screens and glass. Code Enforcement Officer Johnson had taken digital photos each time she inspected the property, which she presented to the Board for their review. Ms. Johnson asked the location where the pictures were taken from. Ms. Kinney-Johnson answered, from the right-of-way and that she had not entered the property. Ernest Wheaton, 1243 Durrance Lane, Flagler County, stated Mr. Clark had been renting the property between 12 to 14 years and was there when he purchased the property. Mr. Wheaton said he called Mr. Clark each time he received a notice of violation, and Mr. Clark cleaned up the property. Mr. Wheaton stated he saw the pictures presented to the Board yesterday (November 15th) and believed they were taken from the railroad property. Ms. Kinney-Johnson reported she took them from the City right-of-way not FEC property. Chairman Fowler asked what was Mr. Clark's reason for having all the scrap metal on the property. Mr. Wheaton concluded that Mr. Clark was in the window business and kept the scrap aluminum until he could sell it. The Chairman asked if Mr. Clark had a City of Edgewater business license. Mr. Wheaton imagined he did. Ms. Hammond asked Mr. Wheaton if he always checks on his property if someone makes a complaint. Mr. Wheaton answered yes. City Attorney Nowell inquired if Mr. Clark rented the yard and house. Mr. Wheaton advised him Mr. Clark rented the garage and side yard; that the house was rented by someone else. Mr. McGuire asked if Mr. Wheaton knew Mr. Clark ran a business from that property. Mr. Wheaton said yes, Mr. Clark had been operating the business before he purchased the property. Appearance of the property was discussed. '-' ..." Citizen Code Enforcement Board November 16, 2000 - Minutes Page -3- Chairman Fowler asked Lt. Britain if it was within the code to rent portions of the same piece of property for multiple purposes to multiple people. Lt. Britain said at this time he would say no. The building was built as a residence, not commercial. Charles Clark, 90 Cunningham Drive, New Smyrna Beach, was sworn in at this time. Chairman Fowler questioned Mr. Clark in regard to his occupational license and the location. When asked to clarify who had been dealing with Code Enforcement Officer Johnson, Mr. Clark said his son had. Mr. Clark said the aluminum on the property came from windows and sliding glass doors that he had removed while doing jobs in the area, and before recycling, they needed to be stripped of screws and all foreign matter. He said normally the material would be gone within a week but there was more coming in then they were able to get to. Chairman Fowler asked to see the photos again. Chairman Fowler summarized what he felt Mr. Clark told the Board; that the property in violation was at 3103 India Palm and his store front was 218 N. Ridgewood which had no storage area. City Attorney interjected he wanted Mr. Clark to understand he was giving testimony in front of a quasi judicial Board. Mr. Clark was aware. Mr. Clark discussed being able to view the items in question and said he covered the items with tarp. Chairman Fowler welcomed Mr. Clark to view the photographs. The Chairman asked if there was anything he felt was misleading, he answered no. The Chairman asked if the pictures depicted a true story of what could be seen from public property, he answered yes. Chairman Fowler asked Mr. Wheaton what his relationship was with the tenant of the house, he said she was just a tenant. The lot size was discussed. Chairman Fowler said the issues were the code that was sited for this violation, and the renting to multi persons. City Attorney Nowell stated although he had not been charged with the second issue, based on the testimony that had been made, he had at least a prima facie case in the fact the violation had occurred. Discussion continued on the lot size. The property was described to be zoned B-2, Neighborhood Business District and under the new Land Development Code residential use would not be permitted. In this case it would be grand fathered in. As far as zoning was concerned, Chairman Fowler asked if having a business there was an issue. Ms. Kinney-Johnson said it would depend on the type of business. Screening of the items on the property was discussed. In the B-2 district, salvage yards had not been permitted. Chairman Fowler had a hard time calling this a salvage yard. Lt. Britain explained Mr. Clark actually runs two businesses from two separate locations, one selling and installing doors and windows and the other selling the salvaged aluminum. City Attorney Nowell said for discussion only, Mr. Wheaton had been charged with Section 717.03 which does not provide the ability to hide or cover up a certain situation, but says you must keep the premises reasonably clean and orderly. If other options were to be developed for Mr. Wheaton, the case would probably have to be withdrawn and site him with something else. It was City Attorney Nowell's interpretation that he was clearly in violation ofthis section. In terms of the license, Mr. Wheaton had admitted his license was for another premise, and the City Attorney could only assume he did not have a license for the property in violation. Ms. Johnson asked if there was any allowable outdoor storage. Ms. Kinney-Johnson said it would be permitted in the Industrial District and reminded the Board the violator was cited for litter. Chairman Fowler felt the salvage business was only a small part of Mr. Clark's primary business, and didn't feel it constituted the need for an '-' ..."" Citizen Code Enforcement Board November 16, 2000 - Minutes Page -4- additional business license. City Attorney Nowell had asked the Chairman to consider that his storage of this material was at a location other than the location identified on his license. He said Mr. Clark's license was limited to where he was selling his windows. Ms. Hammond asked if he applied for a license to do business as a salvage yard at the India Palm location, would there be a problem with him obtaining a license. City Attorney Nowell said they were looking at sections dealing with litter, and felt the question is whether or not the Board believes this material is litter. Another question would be does the Board believe putting up a tarp around the fence to block the view of the litter would be in compliance with this section. His thoughts were that the section did not say you were aloud to hide your litter. Chairman Fowler apologized for getting off track, and voiced his agreement with City Attorney Nowell, the issue was with litter and the reason for hearing this case was to decide whether there was or was not a violation. Ms. Johnson, after hearing the testimony that had been presented to the Board by Mr. Wheaton, Mr. Clark and Ms. Kinney-Johnson and the recommendation of City Attorney Nowell, hereby moved in reference to Case Number 2000-CE-0087 that a violation of Section 717.03 of the Zoning Code of the City of Edgewater does exist and the allege Violator has committed the violation. After considering the gravity of the violation on the time the materials have been in place and the lack of any activity taken to correct the violation, further moved that the Violator be given until November 30, 2000, to correct the violation or a of $50.00 per day be imposed until the violation is corrected, second by Ms. Keller. Chairman Fowler said looking at the pictures, it was extremely difficult to use the words "no activity" and would leave it up to Ms. Johnson to amend her motion. Motion CARRIED 5-1. Chairman Fowler voted NO. Case # 2000-CE-9061 - Dominick & Virginia Caputo. Lt. Britain stated the case would be continued because the service of notice was not properly signed. UNFINISHED BUSINESS: None at this time. LIEN REDUCTION REQUESTS: Case # 94-CE-0247 - Beverly Rives Request for Appeal. Code Enforcement Officer Johnson distributed a letter from Ms. Rives dated November 16,2000, requesting her appeal be withdrawn. DISCUSSION ITEMS: Chairman Fowler asked if there was a major objection to cancel the December meeting due to the holidays. The Board had no objections. ...... .."., Citizen Code Enforcement Board November 16,2000 - Minutes Page -5- CODE ENFORCEMENT COMMENTS: Ms. Keller asked how staff was doing with the revisions to the Land Development Code. Lt. Britain and Ms. McBride voiced that it was being worked on. In reference to the monthly violation report, Lt. Britain remarked that Code Enforcement Officer Mike McGrath had been working diligently to come up with a new format. He said the DIY /0 meant there was no case for that line. He stated no cases would be carried over so the actual month's figures would be seen. With regard to the October report, Lt. Britain felt the 81.8 percent compliance rate was really great. He reported staff was working on letters that they would be sending to commercial owners to clean up their properties. He said it would be in cooperation with the Chamber and the Litter Prevention Committee. Ms. Keller asked if any additional applications had been received to fill the vacant position on the Board. This issue was not addressed at this time. PUBLIC COMMENTS: Charles Clark felt he would not be able to remove the materials from his property by November 30th due to the holidays and asked for another thirty (30) days. Chairman Fowler commented that the Board could not change their decision. His opinion was for Mr. Clark to make a concerted effort and get with Code Enforcement to work together. ADJOURNMENT: There being no further 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: Elizabeth J. McBride Assistant to City Manager F:\minutes\ceb 111600.min