11-18-2004
CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
Thursday, November 18, 2004
5:30 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER
Chairperson Linda Johnson called the regular meeting of the Citizen Code
Enforcement Board to order at 5:37 PM in the Community Center.
ROLL CALL
Members present: Chairperson Linda Johnson, Glenn Barnhill, Ed Corn, Ben
Delnigro, Jean Kayat, Gene Mirabella and Ben Wagner. Also present were Code
Officer Mike McGrath, Code Supervisor Angela DeSue, Code Board Attorney
Glenn Storch, and Board Secretary Shontella Jackson.
Guest appearance by Councilman Jim Brown.
APPROVAL OF MINUTES
The Minutes for the regular meeting of October 21, 2004 presented to the Board
for approval. The Board motion to adoDt the minutes of ReGular Citizen
Code Enforcement Board on October 21, 2004.
SWEARING IN OF WITNESSES:
Code Officer Mike McGrath, Code Supervisor Angela DeSue, James Zizak of 410
Sandpiper Ct., Edgewater; James Mitchell of 2811 Royal Palm Dr., Edgewater, FI
were sworn in for testimony.
NEW BUSINESS:
Case #2004-CE-10043, 2811 Royal Palm Dr., Edgewater, Florida; James & Celina
Mitchell Violation of Section 21-35.04 - Neglect premises. Repeat violator.
Mike McGrath presented the case to the Board and background information
along with current up-to-date information on the case. Current photographs
were provided for the Board's review. James Mitchell was present and testified
City of Edgewater
Code Enforcement Board Minutes
November 18, 2004
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that the house had over $116,000 worth of damage to the property from the
hurricanes. Mr. Mitchell stated that they have someone interested in obtaining
the property. Angela DeSue entered photographs of the property for November
2004 and November 2003 for the Board to review. Chairperson Linda Johnson
requested information on the Board's action from a year ago on this property.
Mike McGrath presented the previous Board Order issued by the Board. Attorney
Storch stated that the photographs and previous order be entered into the
records. The photographs of 2811 Royal Palm from November 2004 taken by
Mike McGrath will be Exhibit A. The photographs of 2811 Royal Palm from
November 2003 was taken by Angela DeSue will be Exhibit B and the Board
Order from November 20, 2003 will be label Exhibit C. Mr. Mitchell stated he
was not aware of any liens or fines on the property. Attorney Storch explained
the process to Mr. Mitchell in regards to the previous order and fines. Mr.
Mitchell stated that the yard is being cut on a regular basis. Attorney Storch
reiterated to Mr. Mitchell that today the recommendation is for a $108 fine plus a
$100 fine per day if the property remains in violation. Chairperson Linda
Johnson closed the public hearing. Mike McGrath presented staff's
recommendation to find James & Celina Mitchell in violation of Section 21-35.04
of the City of Edgewater Land Development Code and assess a citation fine of
$108.00 with an additional fine of $100.00 per day for each day the violation
exists past November 19, 2004. In addition, for placement of a lien on the
property if not satisfied by November 22, 2004. It is also recommended that if
the property is not maintained by November 29, 2004 that the City will enter the
property to remove the trash and miscellaneous debris from the premises and
place a lien on the property for the cost of the removal. MOTION bv Ben
Waaner. SECOND bv Jean Kavat that the Board finds James & Celina
Mitchell in reoeat violation of Section 21-35.04 of the Land
Develooment Code assessina a $108.00 citation fine with an additional
fine of $100.00 oer dav for each dav the violation exists oast November
19, 2004. In addition. for olacement of a lien on the orooerty if not
satisfied bv November 22, 2004. It is also recommended that if the
orooerty is not maintained bv November 29,2004 that the City will
enter the orooertv to remove the trash and miscellaneous debris from
the oremises and place a lien on the orooerty for the cost of the
removal. MOTION CARRIED 7 to O.
Chairperson Linda Johnson explained to Mr. Mitchell that the Board has
determined the property is in violation of the current citation issued in October
and recommend that he speak with Mr. McGrath or Ms. DeSue.
Case #2004-CE-9048; 410 Sandpiper Ct., Edgewater. Florida; James Zizak.
Violation of Section 15.2 - Goods obstructing street.
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November 18,2004
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Angela DeSue presented the case to the Board. Current photographs were
provided for the Board's review. James Zizak was present and testified that he
was confronted on September 25, 2004 by Steve Cole. Mr. Zizak stated the he
was residencing at Carter's due to damage to his property caused by the
hurricanes. Mr. Zizak presented a photograph to the Board entered as Exhibit D.
Mr. Zizak testified that he took the photographs on 8/13/04. Mr. Zizak presented
more photographs to the Board entered as Exhibit E taken on 9/7/04. Exhibit F
was taken after 10/27/04. Mr. Zizak also presented a newspaper article, which is
entered as Exhibit G. Chairperson Linda Johnson closed the public hearing.
Angela DeSue explained to the Board that Public Works charged Mr. Zizak for
services rendered and attached the expense to his water bill. Angela DeSue
presented staff's recommendation to find James Zizak in violation of Section 15.2
of the Code of Ordinances and assess the citation fine of $108.00 for the
violation and a lien be placed on the property for unpaid fine if not paid by
November 22, 2004. MOTION bv Ed Corn. SECOND bv Glenn Barnhill
that the Board finds James Zizak in violation of Section 15.2 of the
Code of Ordinances waived the $108.00 citation fine: in lieu of the cost
of removina the debris. MOTION CARRIED 5 to 2.
OLD BUSINESS:
Code Supervisor Angela DeSue opened discussion on the Code Enforcement
Board meeting at a new time and date. The Board had a brief discussion. Code
Supervisor Angela DeSue asked the Board opinion on the new format. The
Board preferred the current formal presentation rather than the proposed
format.
CODE COMPLIANCE REPORT:
None.
PUBLIC COMMENTS:
Councilman Jim Brown was present and commended the Board for their hard
work; and expressed appreciation for their efforts.
ADJOURNMENT
ChairDerson Johnson adiourned the meetina at 6:50 Dm.
Next Meeting scheduled for January 13, 2005 at 2 p.m.
Minutes respectfully submitted by,
Shontella Jackson, Board Coordinator
City of Edgewater
Code Enforcement Board Minutes
November 18,2004
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