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03-21-2002 . . ... ..." CITYOFEDGEWATER CITIZENS CODE ENFORCEMENT BOARD REGULAR MEETING Thursday, March 21,2002 COMMUNITY CENTER Minutes CALL TO ORDER: Chairman Fowler called the Regular Meeting of the Citizen's Code Enforcement Board to Order at 5:36 p.m. Thursday, March 21,2002 in the Community Center. ROLL CALL: Members present were Chairman Anthony Fowler, Vice Chairman Linda Johnson, Ms. Joy Brindley, Ms. George Ann Keller, and Mr. Ben DelNigro. Mr. Bobbie McGuire was absent. Also present were: Mr. Sid Nowell, Board Attorney, Captain Jill Danigel, Code Compliance Officer Mike McGrath, Code Compliance Officer Angela DeSue, and Recording Secretary Lisa R Miller. INTRODUCTION OF NEW COMPLIANCE OFFICER: Captain Danigel introduced Angela DeSue as the new Code Compliance Officer to the Board. Captain Danigel noted the addition of the second Code Compliance Officer would now start to balance things out by taking some of the workload off of the only Compliance Officer and now they will really be able to see what Code Compliance can do. Captain Danigel asked if she could deviate from the agenda to explain the new work plans for the officers. Chairman Fowler agreed. Captain Danigel explained the officers' schedules and added that once they were caught up, each one would be assigned specific types of cases. Officer McGrath would handle the "Fire Ordinance," grass, weeds, and general debris problems. Officer DeSue would handle abandoned vehicles, right of way parking, and items that would fall under her police department experience. The items that don't fall in those categories will be assigned according to workload. In addition the Department has two Animal Control Officers, one of which has been cross-trained as a Level One Code Enforcement Inspector. Captain Danigel noted that he could do sweeps through Florida Shores and give a list of the really bad places. Captain Danigel noted that on top of their other assignments the Code Compliance Officers would have specific areas of town to do a sweep on. Officer McGrath would be responsible for Hibiscus and Guava and Officer DeSue would be responsible for 442 and US 1. Captain Danigel stated the Board would see a big difference. APPROVAL OF MINUTES: The Minutes of the October 18, 2001 Regular Meeting were submitted for approval. Ms. Johnson moved to approve the minutes as submitted. Ms. Keller seconded. Motion CARRIED 5 to O. 1 Citizen Code Enforcement B"d ..",., Regular Meeting 03121/02 Page 2 SWEARING IN OF WITNESSES: Chairman Fowler requested that anyone with statements or comments pertaining to any of the cases, stand and be sworn in. Mr. Curtis Williams, Sf., 157 Wildwood Avenue, Edgewater, Florida, and Mr. Randy Williams 3115 Lime Tree, Edgewater, Florida were sworn in at this time. CASES IN COMPLIANCE: There was nothing pending that was currently in compliance. Chairman Fowler stated he would like to deviate from the agenda to go to the lien reduction requests. LIEN REDUCTION REQUESTS: Back2round: Case # 92-CE-0270 On March 19, 1992, the Code Board heard a complaint for tires stacked on the property at 157 Wildwood Avenue. The property was found in violation of Section 717.03 (property neglect, owner's responsibility to keep property clean from debris). The owner, Mr. Curtis Williams, Sf. was ordered to remove the tires from the property by April 6, 1992 or a $30.00 per day fine will be imposed. Back2round: Case # 92-CE-043HA) On June 18, 1992, the Code Board heard a complaint of two vehicles with no license plates as well as one truck and one motorcycle with expired tags were found on the property at 157 Wildwood Avenue. The property was found to be in violation of Sections 10-64 (Unlawful to store or deposit abandoned, junk or discarded motor vehicles) and 10-65 (An abandoned motor vehicle with no valid tag). The owner, Mr. Curtis Williams, Sf. was ordered to display current tags on all vehicles or remove them from the property by June 25, 1992, or a fine of $60.00 per day would be imposed. Back2round: Case # 92-CE-043HB) On June 18, 1992, the Code Board met to hear violations on 157 Wildwood Avenue. On May 15, 1992, Code Enforcement determined there was a repeat violation of case 92-CE-0270 which had been heard by the Code Board on March 19, 1992 when a fine of $30.00 per day was imposed. The Board concluded this was a repeat violation of Section 717.03 (property neglect). The owner, Mr. Curtis Williams, Sf. was ordered to remove the tires from the property by June 18, 1992 or the fine would be increased to $100.00 per day. Back2round: Case # 92-CE-0270. Case # 92-CE-043HA). Case # 92-CE-043HB) On June 17, 1993, Mr. Curtis Williams, Sf. appeared before the Code Board requesting the Board forgive or reduce fine/liens on the cases listed above. It was found on March 16, 1993 that the property at 157 Wildwood Avenue was in compliance. The total fines/liens at that time were $42,180.00. The Code Board ordered that the fines should be reduced to $5,000.00. , " Citizen Code Enforcement B~d Regular Meeting 03/21/02 Page 3 ...., Back2round: Case # 95-CE-0300 On January 18, 1996, the Code Board head a complaint that the property at 157 Wildwood Avenue had failed to pay their water/sewer bill on the property since August 3, 1990. On September 20, 1995, the Finance Department requested Code Enforcement begin proceedings to gain compliance because the property was no longer connected to the City's water distribution system as required by Section 19-11. The Code Board found that the property was in violation of Section 19-11 (Each building, whether private or public, shall be served by the City water system through a metered connection). The Code Board ordered the owner, Mr. Curtis Williams, Sf. to abate the violation by paying costs/penalties, have water meter installed and begin using water from the City's water distribution system by February 15, 1996 or a $50.00 per day fine will be imposed. Account Summary of cases against the 157 Wildwood Avenue property as of the date of March 25, 2002 are as follows: Outstanding water bill - $5,339.42. Fines on Cases 92- CE-0270, 92-CE-0431(A), 92-CE-431(B) - $5,000.00. Fines on Case 95-CE-0300 - $111,450.00. The total amount of liens against the property at 157 Wildwood Avenue total $121,789.42. Chairman Fowler gave Mr. Williams the option of hearing each case individually or as a group. Mr. Randy Williams, son of Mr. Curtis Williams, Sr. spoke to the Board and stated they could hear all four cases at once since they were tied to the same property. Mr. Randy Williams stated that in 1992 there were railroad ties left on the property by the railroad company and they were removed. As far as the vehicles they were removed and the property was in compliance as of 1996. Mr. Randy Williams stated they were coming to ask for a reduction of lien as they were trying to refinance the property to remodel the inside and clean up the property to increase the property values in the neighborhood. Mr. Randy Williams stated they had about $7,000 worth of equity in the house. He wanted to have the fines reduces so that they could pay the fine and have some money left to landscape and do the roof Mr. Randy Williams stated the property was just appraised at $52,000 with liens in excess of $120,000 on the property plus the first and second mortgage that are already on the property they are looking at $160,000 for a piece of property that is worth $52,000. Mr. Randy Williams stated that being Mr. Curtis Williams's son, it is in his best interest to have the house matter taken care so that his father has a place to retire, and in the event that something happens to his father they would be able to sell the property. Chairman Fowler asked if there was anything the City would like to bring to light at this time. Captain Danigel stated the Board has all of the background of this case before them and the case is very old. Captain Danigel stated that Case # 5-CE-300 was not in compliance as Mr. Curtis Williams, Sf. was still not currently hooked up to the water yet. She added that everything else is still in compliance except hooking up to the water and the outstanding water bill. Code Compliance Officer McGrath explained the way the water bill works in Edgewater and how each resident is required to hook up to City water and sewer. Ms. Johnson asked if this was an availability charge. Code Compliance Citizen Code Enforcement B"mrrd ...., Regular Meeting 03/21/02 Page 4 Officer McGrath stated it was. Ms. Johnson asked how we could have a Code Enforcement lien for a utility bill and asked if the Board had authority to deal with this matter. Code Compliance Officer McGrath stated they did as it had come before a previous Board for non-compliance back in 1996 for Sections 9-11 and that was where they received the $50 per day fine. Mr. Randy Williams stated his father wasn't present for the hearing in 1996 and asked if the meter is taken out without his father's knowledge and yet he still has to pay this availability charge for the water and the trash while he takes his trash to the dump because it is not picked up. He asked how it was available if they took the meter out and he had no availability to the water. Mr. Randy Curtis stated that after a year of not having water available, his father put in a well as he could not make any progress getting a meter back in or getting the fines reduced at that time. Mr. Randy Curtis stated that yes, they would like to be hooked back up to City water but unfortunately with the money situation that they have to work with he hoped the Board would take that into consideration. He added that the other violations had been brought into compliance. Chairman Fowler asked if the house had at any point in time been hooked up to City water. Mr. Randy Williams stated it had been hooked up from 1977 to 1993 or whenever they took the meter out. Chairman Fowler asked if this case #300 is the one that is the base of everything and the one that needs to be solved. Captain Danigel stated this was the largest one and it was her understanding the City will not hook up the water with an outstanding bill. They have to satisfY that payment before they can re-establish service and unfortunately this is a monthly bill and it grows monthly whether you use the service or not. Attorney Nowell stated that section requires that you hook up. Ms. Johnson moved to reduce the 92 and 95 lien to a total of $700.00 and leave the outstanding water bill to be paid in full. Mr. DelNigro seconded. Discussion: Ms. Keller asked if it was not taken care of, would we never be able to recover until the house is sold because of the homestead. Attorney Nowell stated that was correct, but that the City could pursue the outstanding bill in court. Ms. Johnson amended her motion to have the lien paid in six weeks. There was discussion regarding a reasonable time for payment and Mr. Randy Williams stated that 2 months should be sufficient. Chairman Fowler asked that the motion be amended slightly to find out what authority the Code Board did have and if it was a valid lien. Mr. Randy Williams stated in the time it takes to find that out it may throw him off his time schedule. Ms. Johnson stated she would like to strike the entire motion. Ms. Johnson moved that the Board take no action whatsoever on the $5,339.42 water bill, and in addition to that if Mr. Nowell finds out if the Board has the authority, to reduce the remaining liens to a total of $700.00 to be paid in full within two months of approval, and if that authority does exist, then an order will be made to have it done. Ms. Keller seconded. Motion CARRIED 5 to o. Captain Danigel stated she would find out from the City Attorney's office what authority the Board had and they would generate a document if they had the authority to do so. Compliance Officer McGrath will call and let Mr. Williams know and send a certified , . Citizen Code Enforcement B~d Regular Meeting 03121/02 Page 5 document to them. The Board thanked the Williams and the Williams thanked the Board for their consideration. Both Mr. Randy Williams and Mr. Curtis Williams, Sr. left at this time. "WI' NEW BUSINESS: Status of the Land Development Code Revisions. Captain Danigel updated the Board on the status of the Land Development Code Revisions. She noted it came to a halt when it came to the Noise Ordinance Article 9 and the Special Activities Ordinance. Both of these are set for first reading on the April 1 st Council Agenda. Captain Danigel stated after the revisions had been made she would see that they each get a copy. UNFINISHED BUSINESS: None at this time. DISCUSSION ITEMS: There was discussion regarding Mr. DelNigro's term expiring as of May 17, 2002 and the position that was currently unfilled on the Board. Ms. Johnson moved that the Board recommend that Mr. DelNigro be given another term on the Code Board. Ms. Keller seconded. Motion CARRIED 5 to O. The Board reviewed the applications in the packet and instructed Captain Danigel to call the applicants to see if they were still interested in serving. Captain Danigel stated she would also contact Mr. McGuire since he had been absent the last several meetings. The next meeting of the Code Enforcement Board will be Thursday, April 18th at 5:30 p.m. in the Community Center. CODE ENFORCEMENT COMMENTS: ADJOURNMENT: There being no further business to come before the Board at this time, Chairman Fowler adjourned the meeting at 6:58 p.m. Minutes respectfully submitted by: Lisa R. Miller, Recording Secretary