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03-15-2001 ...... ....., CITY OF EDGEW A TER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING March 15, 2001 5:30 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Acting Chairwoman Linda Johnson called to order a regular meeting of the Citizen Code Enforcement Board at 5:31 p.m., Thursday, March 15,2001, in the Community Center. ROLL CALL Members present were, Acting Chairwoman Linda Johnson, Ben DelNigro, George Ann Keller, and Susan Hammond. Also present were Attorney Sidney Nowell, Lieutenant Bill Britain, Code Enforcement Officers Beverly Kinney-Johnson and Mike McGrath, Assistant to City Manager Elizabeth McBride and Police Chief Administrative Assistant JoAnn Richard. Chairman Tony Fowler and Bobbie McGuire were excused. APPROVAL OF MINUTES The minutes for the regular meeting of November 16, 2000, were presented to the Board for approval. There being no corrections or changes, Ms. Keller moved to approve the minutes as presented, second by Mr. DelNigro. Motion CARRIED 4-0. SWEARING IN OF WITNESSES Chairwoman Johnson 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, Lt. Bill Britain and Steven McCarthy, 768 Old Mission Road, Edgewater, Florida. CASES IN COMPLIANCE Lt. Britain reported Case #2000-CE-0087, Ernest Wheaton, Trustee, and (no case number stated) Dominic Caputo, in compliance. NEW BUSINESS/PUBLIC HEARINGS: Case #2001-CE-02061- Steven McCarthy D.B.A. Sooper Scooper. Prohibited Signs, Section 21- 60.04. Code Enforcement Officer Beverly Kinney-Johnson reported she spoke to Mr. McCarthy about the prohibited signage which resembled an ice cream cone and gave him 24 hours to remove it. After inspecting the property on January 24,2001, Ms. Johnson found the sign had been removed, but on January 25 and 27, 2001, while off duty, she observed the cone sign was placed back outside. -- ....., Citizen Code Enforcement Board March 15, 2001 - Minutes Page 2 Ms. Johnson accompanied Lt. Britain on January 29, 2001, to speak to Mr. McCarthy about his sign and gave him a copy of the code he was in violation of. On February 6 and 7, 2001, again while off duty, she observed the cone sign had been attached to a burgundy sedan. On February 8,2001, she issued a Notice of Hearing by certified mail to property owner Frank Hall, and Lt. Britain hand delivered a Notice of Hearing to Mr. McCarthy. Ms. Johnson referred to the Case Summary Entry Log of the numerous dates the violation was observed up to March 14, 2001, and the photographs included in their packets. It was reported by Ms. Johnson that property owner Frank Hall called her office on March 15, 2001, stating he didn't pick up the certified mail because he didn't know it was from Code Enforcement. After she explained the nature of the notice, Mr. Hall informed her of his intention to begin eviction proceedings against Mr. McCarthy and gave her a copy of his letter to Mr. McCarthy. (A copy of the letter was given to the Board prior to Ms. Johnson's presentation.) Mr. McCarthy phoned Ms. Johnson on the afternoon of March 15, 2001, stating he was in compliance and assumed it was the end of the matter. It was explained to Mr. McCarthy that it was Code Enforcement's option whether to proceed with the hearing, and this case it would still be going before the Board that evening at 5:30. Ms. Johnson reinspected the site on March 15,2001, at 2:27 p.m. and found no violations. Ms. Johnson stated Mr. Hall visited her office on March 15,2001, informing her Mr. McCarthy became violent and threatened him to the point where Officer John Taves was dispatched to the scene after Mr. Hall's call. Ms. Johnson concluded that Section 21-60.04 had been violated, and recommended the Violator be found to have been in violation of Section 21-60.04 and ordered to refrain from future violations or risk enforcement action as a repeat Violator. Chairwoman Johnson asked if there were any questions. Lt. Britain said he had discussed alternative advertising methods with Mr. McCarthy. The Lieutenant said he had tried to work with Mr. McCarthy, but he would wait until the evening hours and put the sign back outside. Steve McCarthy, 768 Old Mission Road, Edgewater, said he put the sign on his personal vehicle and felt it was no longer part of a City code but a matter for DMV. He read Sec. 21-60.04 b. which stated "the operation of any vehicle for the sole purpose of advertising is prohibited within the City of Edgewater." He said advertising was not the sole purpose of his vehicle therefore, he felt he did not violate the City code. Lt. Britain stated the sign was placed on the back of the vehicle but had been removed many times and stuck in the ground. Mr. McCarthy asked to see the pictures of the sign, and commented he had never received notice on the banner sign. Chairwoman Johnson asked Mr. McCarthy if after discussions with Lt. Britain, he found any of his ideas workable. Mr. McCarthy said he was in the process of having an eight (8') foot fiberglass sign made. It was asked if he had a permit. Mr. McCarthy indicated he was waiting until after the sign was made. Mr. DelNigro suggested using the marquee sign if it could be enlarged. Mr. McCarthy referred to the letter (notice to vacate) from his landlord and implied Mr. Hall had a friend who F:\coredeforcement\ceb030601 reg.min "-" .."", Citizen Code Enforcement Board March 15, 2001 - Minutes Page 3 wanted to put in an ice cream shop where he is now 10cated.The photographs were reviewed, and whether the sign was attached to the vehicle or ground was discussed. Lt. Britain asked Mr. McCarthy if it was his sworn statement, under oath, that once the sign had been removed it was never placed back in the ground again. Mr. McCarthy said he could not say that. Ms. Keller said she had observed the sign in the ground many times and not just primarily on his vehicle. It was discussed ifthe sign was on public right-of-way. Ms. Johnson said the photographs in the Board's packets showed various ways the signage had been displayed and also noted Mr. McCarthy had a copy of the ordinance which stated banner signs were prohibited. Ms. Keller asked if Mr. McCarthy was saying under oath that the sign was not up today at all. Mr. McCarthy said to the best of his knowledge he did not believe so, but it was possible his son put up the sign before he arrived. Ms. Keller said she saw the sign up today. Chairwoman Johnson asked Attorney Sid Nowell if he had anything to add. He said the Board needed to look at the intent of the regulation itself; a nuisance or safety hazard, and directed their attention to the sign attached to the vehicle and whether it extended over public property. Placement of the sign was discussed. Chairwoman Johnson explained to Mr. McCarthy the authority the Board had and the process of finding him in violation now or in the future. It was Mr. Nowell's recommendation that the Board determine there had been a violation and to set whatever action was necessary. Ms. Keller, after hearing the testimony presented and the recommendation of staff moved in reference to Case Number 2001-CE-02061 that a violation of Section 21-60.04 (Land Development Code) had occurred but had been corrected as of sometime today; and if the violation should occur again, that the Violator be held in violation as a Repeat Violator and a fine be imposed which would be a greater amount than initially. She further moved, if the Violator becomes a Repeat Violator of Section 21-60.04, that a fine of $100 per day be imposed until the violation is corrected, second by Mr. DelNigro. Motion CARRIED 4-0. UNFINISHED BUSINESS: None at this time. LIEN REDUCTION REQUESTS: Ms. Keller referred to a case she believed that was put on hold (Mrs. Rives). Lt. Britain stated she had requested not to appear before the Board, so the case had been dropped per her request. Ms. Keller said the minutes did not state that it was taken off. Lt. Britain said it was automatic when she requested not to appear. (Ms. McBride is noting that the minutes of November 16, 2000, reflects that Mrs. Rives' request for appeal was withdrawn.) DISCUSSION ITEMS: New Board Member Application. Ms. Keller inquired if the only applicant was asked to the meeting. Code Enforcement Officer Johnson said in the past the policy was to review the applications first then decide if the Board wanted to interview them. The Board indicated they F:\codeenforcement\ceb03060 I reg.min 'W' ....., Citizen Code Enforcement Board March 15, 2001 - Minutes Page 4 would like to interview the applicant and the Code Enforcement Officer said she would call him. CODE ENFORCEMENT COMMENTS: Code Enforcement Officer Johnson wished Mr. DelNigro a Happy Birthday. The Board and staff expressed their sympathy for Chairman Fowler's recent loss of a family member. Ms. Keller asked for an update on the clearing of undeveloped lots. Code Enforcement Officer Mike McGrath reported Phase I, IT and ill had been notified and about 100 were outstanding. Phase IV was currently being worked on by the Fire Department. Lt. Britain say they were working on the outside border of Florida Shores since the inside portion was more developed. PUBLIC COMMENTS: None 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 6:37 p.m. Minutes respectfully submitted by: Elizabeth J. McBride Assistant to City Manager F:\codeenforcement\ceb03060 1 reg.min