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01-15-2004 ,. ........ J. '-'" -.I CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD Thursday, January is, 2004 5:30 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Co-Chairperson Linda Johnson called the regular meeting of the Citizen Code Enforcement Board to order at 5:31 PM in the Community Center. ROLL CALL Members present: Co-Chairperson Linda Johnson, Joy Brindley, Glenn Barnhill, Ed Corn, Ben Delnigro, Gene Mirabella and Ben Wagner. Also present were Code Board Attorney Glenn Storch, City Manager Ken Hooper, Chief Tracey Barlow, Code Officer Mike McGrath and Board Secretary Shontella Jackson. A welcome was extended to new Board Member, Ben Wagner and new Code Board Attorney Glenn Storch. Code Board Attorney Storch gave a brief overview of his professional experience. APPROVAL OF MINUTES The Minutes for the regular meeting of December 18, 2003 were presented to the Board for approval. ~~T~~~:~ ~:~ Delnil'ro. SECOND by Ed Corn to !!dopt the minutes of ~O~IO~ . i en Cod\! Enfj)rcement Board fj)r December 18. 2003. CARRIED UNANIMOUSLY 7-0. SWEARING IN OF WITNESSES: Robin Kelly, Gene Kelly, Joel Wren, Donna Wren, Code Officer Mike McGrath, and Chief Tracey Barlow were sworn in for testimony. NEW BUSINESS: Case # 2003-CE-12062. 2225 Manao Tree Dr.. Edgewater. Florida: Henry V. & Marie McLendon. Violation of Section 21-56.03b - Maintenance of improved residential lots. y , , ~ ~ '--' Chief Barlow presented the case summary to the Board. Current photographs were provided for the Board's review. Chief Barlow presented staff's recommendation to find Mr. McLendon in violation of Section 21-56.03b of the Land Development Code and assess the citation fine of $53, with an additional fine of $50 per day for each day the violation exists past February 4, 2004, provided the property owner does not request a hearing prior to February 4, 2004. It is also the recommendation that the Board issue a Board Order requesting the City Manager approve the cutting of the grass by City Staff and for a lien to be placed on the property. ~OTION bv Ben Waaner. SECOND ~ ~ ~ ~~ion of Section 21-56.03b that staff ~~::'$~Od:;~ud':;- ~~~~:: ~ml1lended:.a $53 ~itation fine aod ~:~ _ _ _a. I n I he r:eoue$t for CIty Staff 10 cut th~ :=::i? ~~ :~~~:r~ ~:e ~roDertv. Provided the Drooertv owner r u S In onor to Februarv 4. 2004. MOTION CARRIED UNANIMOUSLY. Case # 2003-CE-11004 (A), 127 Highland Ave" Edgewater. Florida: Thelma Crigoer Estate. Violation of Section 21-35.04 - Neolected premises. Chief Barlow presented the case summary to the Board. Current photographs were provided for the Board's review. Chief Barlow presented staff's recommendation to find The Estate of Thelma Crigger in violation of Section 21- 35.04 of the Land Development Code and assess the citation fine of $53, with an additional fine of $50 per day for each day the violation exists past February 4, 2004. provided the property owner does not request a hearing prior to February 4, 2004. It is also the recommendation that the Board issue a Board Order requesting the City Manager approve the cleaning of the debris by City Staff and for a lien to be placed on the property. ~OTION bv Ed Corn. SECOND by ~:~~~~:~: ~~ ~~~~~~ ~ ~<;~:;1-35.04 that sta~ . ~:;..~~r::~v~~;,- ;i;;9";ith'tii mended: ~ $53 c.tl!t.on fine a!ld = ;:: . _ : I n e reollest for CIty staff to clean the ~:~i~;f: ~I:~~-;' ~~~~~~ .Drooe~. provided the Drooertv owner eta I nor to Februarv 4. 2004. MOTION CARRIED UNANIMOUSLY. Case # 2003-CE-11004 (B), 127 Highland Ave" Edoewater. Florida: Thelma Crigger Estate. Violation of Section 21-56.03b - Maintenance of improved residential lots. Chief Barlow presented the case summary to the Board for the second violation. Current photographs were displayed for the Board's review. Chief Barlow . ~ .~ '-' "'-" presented staff's recommendation to find The Estate of Thelma Crigger in violation of Section 21-56.03b of the Land Development Code and assess the citation fine of $53, with an additional fine of $50 per day for each day the violation exists past February 4, 2004. provided the property owner does not request a hearing prior to February 4, 2004. It is also the recommendation that the Board issue a Board Order requesting the City Manager approve the cutting of the grass by City Staff and for a lien to be placed on the property. MOTION :~ ~~~ ~~~~~ff o/'.J~~~ b~ ~:i~~:ner on violation of Section 21- ~.:u f,~~':i' _.e dIe acceoted as recommended: a W ~::~ ~~~~ ;,~d ~::~:~ P: d~v; alllno with the realle5t. for City :: ';;;:~~;. ~;:; ~:t-;;~;1"en o~ the D.roDertv. p[Ovlded the err s a hearma DrlOr to Februarv 4. 2004a MOTION CARRIED UNANIMOUSLY. Case #2003-CE-11020, 2929 Tamarind Dr.. Edgewater. Florida: Joel & Donna Wren. Violation of Section 21-38.02 - Fence requirements. Chief Barlow presented the case summary to the Board. Current photographs were displayed for the Board's review. Chief Barlow presented staff's recommendation to find Mr. & Mrs. Wren in violation of Section 21-38.02 of the Land Development Code and assess the citation fine of $53, with an additional fine of $50 per day for each day the violation exists past February 4, 2004. Mrs. Kelly testified that the fence was repositioned in August of last year and originally the fence showed the good side out. When the fence was relocated to the property line is when the switch occurred to the bad side out. Mrs. Kelly submitted photographs for the Board's review. Said photographs were entered into evidence as Exhibit "A". Mrs. Kelly also stated, she has evidence on tape if the board would like to see it. Mrs. Wren testified that she has the original fence permit, which was pulled in 1995 and that the fence was in compliance. She also testified that she went to the Building Department and was told that she does not need a permit to move the fence to the back of her property line. Mr. Kelly stated that Mrs. Wren did not pull the permit in 1995; they were not living at the property in 1995. Mr. Kelly stated the fence was properly placed when it was initially erected. Mrs. Wren stated that when the fence was moved it was still in compliance with the code. Mr. Wren stated that he erected the fence with the bad side out due to safety reasons for the kids. Mrs. Wren presented evidence for the Board's review. Said evidence was entered into evidence as Exhibit "B". Code Officer Mike McGrath stated that he had no knowledge of the situation until Mr. Kelly informed him and submitted a complaint/witness affidavit. Said affidavit was entered into evidence as Exhibit "C". MOTION bv Ben Delniaro. SECOND bv Glenn Barnhill on violation of Section 21-38.02 that staff r ->' ...... ""., recommendation be acceoted as recommended: a $53 citation fine and Board would oroyide 30 days to comoly then a fine of $50 oer day will be imoosed after the 30 days. Provided the orooertv owners do not reauest a hearina by Februarv 4, 2004. MOTION CARRIED UNANIMOUSLY. ELECT CHAIRPERSON FOR CITIZEN CODE ENFORCEMENT BOARD: Co-Chairperson Linda Johnson addressed the issue of chairman for the Board. The floor was open for nomination. A nomination was presented to the Board for Linda Johnson as Chairperson no other nominations were entered. MOTION by Glenn Barnhill. SECOND by Ed Corn nominatina Linda Johnson as Chairoerson for the Citizen Code Enforcement Board. MOTION CARRIED UNANIMOUSLY. A nomination for Vice Chairman was open for nomination by Chairperson Linda Johnson. Mr. Delnigro volunteered for the position. No other parties were interested. MOTION by Ed Corn. SECOND by JOY Brindley nominatina Ben Delniaro as Vice Chairoerson for the Citizen Code Enforcement Board. MOTION CARRIED UNANIMOUSLY. Chief Barlow brought to the Board's attention, that pursuant to the new bylaws the position of Chairperson/Vice Chairperson is good until June 2004. CODE COMPLIANCE REPORT: Chief Barlow discussed with the Board the information that was gathered from the joint Workshop on January 14, 2004 that the Board attended. Chief Barlow briefed the Board on the status of the Code Supervisor position. PUBLIC COMMENTS: None. ADJOURNMENT MOTION by Ed Corn. SECOND by Glenn Barnhill to adiourn the meetina. MOTION CARRIED UNANIMOUSLY. The meetina was adjourned at 6:45 om. Next Meeting will be held on March 18, 2004 at 5:30 pm.