08-26-2004
CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
Thursday, August 26, 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 5:40 PM in the Community Center.
ROLL CALL
Members present: Chairperson Linda Johnson, Vice Chairman Ben Delnigro, Jean
Kayat, Glenn Barnhill, Ed Corn, Gene Mirabella and Ben Wagner. Also present
were Code Officer Mike McGrath, Code Supervisor Angela DeSue, Chief Tracey
Barlow, Code Board Attorney Glenn Storch and Board Secretary Shontella
Jackson.
APPROVAL OF MINUTES
The Minutes for the regular meeting of July 15, 2004 were presented to the
Board for approval. MOTION bv Ed Corn. SECOND bv Glenn Barnhill to
adoot the minutes of Reaular Citizen Code Enforcement Board on July
15. 2004. MOTION CARRIED UNANIMOUSLY.
SWEARING IN OF WITNESSES:
Code Officer Mike McGrath, Code Supervisor Angela DeSue, Chief Planner Darren
Lear, Chief Tracey Barlow, Roy Henning of 2736 Mango Tree Dr., Karen Larue of
2714 Unity Tree Dr., and Marta Orlowski of 1857 Date Palm Drive were sworn in
for testimony.
NEW BUSINESS:
Case #2004-CE-6067, 1955 Guava, Edgewater, Florida: Barbara McLaren Trustee
Violation of Section 21-35.04 - Neglected premises.
Mike McGrath presented the case summary to the Board. Current photographs
were provided for the Board's review. Mike McGrath presented staff's
City of Edgewater
Code Enforcement Board Minutes
August 26, 2004
Page 1 of 4
recommendation to find Barbara McLaren Trustee 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 August 30,
2004, and for placement of a lien if not satisfied by August 31, 2004.
MOTION bv Ed Corn. SECOND bv Ben WaGner that the Board finds
Barbara McLaren Trustee in violation of Section 21-35.04 of the Land
Develooment Code for neGlected oremises assessinG a $53.00 citation
fine with an additional fine of $50 oer day for each day the violation
exists oast AUGust 30. 2004. and for olacement of a lien if not satisfied
bv AUGust 31, 2004. MOTION CARRIED UNANIMOUSLY.
Due to previous agenda issued to the Board the agenda items are not uniform
with the PowerPoint presentation presented before the Board.
Case #2004-CE-2024, CE-2021 A, B, C: 2119 & 2311 S. Ridgewood Ave.,
Edgewater, Florida: J. C. & Rosemary Carder. Violation of Section 21-60.04, 21-
61.03 and 21-61.04 - Prohibited signs, Pole sign and Ground siqns.
Attorney Mark Hall was present representing Mr. & Mrs. J. C. Carder. Mr. Storch
presented a copy of the letter from Mr. Hall to the Board prior to the start of the
meeting. Mr. Hall requested to meet with staff with or without counsel and to
continue this until the next hearing due to his clients are out of town. Mr. Storch
commented that he has no objections to staff meeting with applicant or
applicant's attorney to resolve matters and bring into compliance. MOTION by
Ed Corn. SECOND bv Gene Mirabella to continue Case # 2004-CE-2024,
CE-2021 A. B C to the next scheduled meetinG in Seotember. MOTION
CARRIED 6 to 1. After the motion was completed Mr. Hall interjected that he
would be out of town the week of September 16th and requested to postpone
until the October meeting. The Board amended the above motion. MOTION by
Ed Corn. SECOND bv Gene Mirabella to amend orevious motion for
continuous to the October 21st meetinG with a directive for the
orooertv owner to meet with staff within the next two weeks. MOTION
CARRIED 5 TO 2.
Case #2004-CE-7005, 2722 Mango Tree Dr., Edgewater, Florida: Angela Ward.
Violation of Section 21-34.01 (q) - Home occupations.
Angela DeSue presented the case summary to the Board. Current photographs
were provided for the Board's review. Angela DeSue presented staff's
recommendation to find Ms. Ward in violation of Section 21-34.01 (g) of the City
of Edgewater Land Development Code and assess the citation fine of $53.00 and
an additional fine of $50.00 per day for each day the violation exists past August
27, 2004 and for a lien to be placed on the property if not satisfied by August 31,
City of Edgewater
Code Enforcement Board Minutes
August 26, 2004
Page 2 of 4
2004. Chairwoman Johnson presented the floor to Mr. Henning. Mr. Henning
commented and presented pictures to the Board. The pictures were entered into
evidence as Exhibit A. The Board had a brief discussion. Angela DeSue
presented a home occupation application to the Board, which was entered into
evidence as Exhibit B. Also a copy of the applicant occupational license
application was entered into evidence as Exhibit C. MOTION bv Ed Corn.
Second bv Ben DelniGro that the Board finds Ms. Ward in violation of
Section 21-34.01 (G) of the City of EdGewater Land Develooment Code
and assess the citation fine of $53.00 and to imoose a $50.00 oer day
fine commencinG on AUGust 28,2004 and to continue incurrinG $50.00
oer day for everY day the violation continues with a directive to the
staff to oursue citinG the owner in the event this violation continues to
exist. MOTION CARRIED UNANIMOUSLY.
Case #2004-CE-7042, 1857 Date Palm Dr., Edgewater, Florida: Marta Orlowski.
Violation of Section 21-56.03 (b) - Property maintenance, Repeat violator.
Mike McGrath presented the case summary to the Board. Current photographs
were provided for the Board's review. Mike McGrath stated that the property
was in compliance within six days after issuance of the citation as a repeat
violation. Mike McGrath presented staff's recommendation to find Marta Orlowski
in violation of Section 21-56.03 (b) as a repeat violator of the Land Development
Code and assess a citation fine of $108.00 and for a lien to be placed on the
property if not satisfied by August 31, 2004. Marta Orlowski was present and
testified. Marta Orlowski stated she had made prior arrangement for the grass
to be cut but the City cut the grass before they were suppose to therefore she is
requesting that the fine be waived. Chief Tracey Barlow inserted some
clarification to the case for the Board. Chief Barlow stated that the staff would
research the mowing of the property by the City before the timeline set forth and
would waive the cost if its the City fault. MOTION bv Ben WaGner. SECOND
bv Ed Corn that the Board finds Marta Orlowski in violation of Section
21-56.03 (b) of the Land Develooment Code as of Julv 20,2004.
MOTION CARRIED UNANIMOUSLY. The Board has determined a violation
did exist on the 20th of July 2004. MOTION bv Ben WaGner. SECOND bv Ed
Corn that the Board waives the $108.00 citation fee for citation #0176.
MOTION CARRIES 4 TO 3.
Case #2004-CE-7043, 127 Highland Ave.. Edgewater, Florida: Crigger Estate.
Violation of Section 21-56.03 (b) - Property maintenance. Repeat violator.
Mike McGrath presented the case summary to the Board. Current photographs
were provided for the Board's review. Mike McGrath stated that the property
was in compliance the week of July 26, 2004 and the citation fee of $108.00 was
paid on August 10, 2004. Mike McGrath presented staff's recommendation to
City of Edgewater
Code Enforcement Board Minutes
August 26, 2004
Page 3 of 4
.
.
find the Crigger Estate in violation of Section 21-56.03 (b) as a repeat violator of
the Land Development Code and a Board Order issued in reference to the
property being a repeat violation. MOTION bv Ed Corn. SECOND bv Ben
Waaner that the Board finds the Criaaer Estate in violation of Section
21-56.03 (b) of the Land Develooment Code as a reoeat violator and a
Board Order issued in reference to the orooerty beina a reoeat
violation. MOTIION CARRIED UNANIMOUSLY.
Case #2004-CE-6073, 2714 Unity Tree Dr., Edgewater, Florida: Karen Larue.
Violation of Section 19-82 - Discharge of groundwater used in heating or air
conditioning systems.
Mike McGrath presented the case summary to the Board. Current photographs
were provided for the Board's review. Mike McGrath stated that Karen LaRue
has purchased a new alc unit. Karen LaRue was present and testified. Karen
LaRue requested the Board drop the fine or allow her to make monthly
payments. MOTION bv Ed Corn. SECOND bv Gene Mirabella that the
Board finds Karen Larue in violation of Section 19-82 of the City Code
of Ordinance with a waiver of the fee for the citation issued July 13,
2004. MOTIION CARRIED UNANIMOUSLY.
CODE COMPLIANCE REPORT:
Code Supervisor Angela DeSue stated that there was not an update on the Lenik
case at the present time, and gave a brief history on the projects which Code
Enforcement is currently working on.
ADJOURNMENT
Chairoerson Johnson adiourned the meetina at 7:43 om.
Next Meeting will be held on September 30, 2004 at 5:30 pm.
Minutes respectfully submitted by,
Shontella Jackson, Board Coordinator
City of Edgewater
Code Enforcement Board Minutes
August 26, 2004
Page 4 of 4