10-21-2004
CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
Thursday, October 21, 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 5:35 PM in the Community Center.
ROLL CALL
Members present: Chairperson Linda Johnson, Ben Delnigro, Gene Mirabella,
Jean Kayat, Glenn Barnhill and Ben Wagner. Also present were Code Officer
Mike McGrath, Code Supervisor Angela DeSue, Code Board Attorney Glenn
Storch, City Manager Ken Hooper, Chief Tracey Barlow and Board Secretary
Shontella Jackson.
Absent was: Ed Corn.
APPROVAL OF MINUTES
The Minutes for the regular meeting of September 30, 2004 presented to the
Board for approval. MOTION bv Ben Waaner. SECOND bv Gene Mirabella
to adoot the minutes of Reaular Citizen Code Enforcement Board on
Seotember 30, 2004. MOTION CARRIED UNANIMOUSLY.
SWEARING IN OF WITNESSES:
Code Officer Mike McGrath, Code Supervisor Angela DeSue, Attorney Mark Hall
of 124 N. Faulkner; New Smyrna Beach, James C. Carder of 2117 S. Riverside;
Edgewater, Jeff Gold of 340 N. Causeway; New Smyrna Beach, and Paul Loeffler
of 1508 Monroe Drive, Edgewater were sworn in for testimony.
NEW BUSINESS:
Case #2004-CE-2024, 2119 S. Ridgewood Ave., Edgewater, Florida: J. C. &
Rosemary Carder Violation of Section 21-60.04 - Prohibited signs.
City of Edgewater
Code Enforcement Board Minutes
October 21,2004
Page 1 of5
Mike McGrath presented the case summary to the Board. Current photographs
were provided for the Board's review. James e. Carder was present with legal
representation Attorney Mark Hall. Mike McGrath stated on September 27, 2004
the sign was removed before the extension date. Mike McGrath presented staff's
recommendation to find J.e. & Rosemary Carder in violation of Section 21-60.04
of the Land Development Code and assess the citation fine of $53.00, and for
placement of a lien if not satisfied by October 25, 2004. Mr. Mark Hall
representing Mr. Carder noted that the property was in compliance. Mr. Hall
stated they would accept the staff recommendation with the inclusion that the
property is found to be in compliance; Mr. Carder will pay the fine as requested
by staff.
MOTION bv Ben WaGner. SECOND bv Ben DelniGro that the Board finds
l.C. & Rosemarv Carder in violation of Section 21-60.04 of the Land
Develooment Code assessinG a $53.00 citation fine with the inclusion
that the orooerty is in comDliance at this time and for a lien to be
placed on the orooerty if not satisfied bv October 25. 2004. MOTION
CARRIED 6 to O.
Case #2004-CE-2021A: 2311-2342 S. Ridgewood Ave., Edgewater, Florida: J.e.
& Rosemary Carder. Violation of Section 21-60.04 - Prohibited Signs.
Mike McGrath presented the case summary to the Board. Current photographs
were provided for the Board's review. Mike McGrath noted that the property was
still not in compliance on October 21st. Mike McGrath presented staff's
recommendation to find J.e. & Rosemary Carder in violation of Section 21-60.04
of the Land Development Code and assess the citation fine of $53, with an
additional fine of $100 per day for each day the violation exists past October 22,
2004. In addition, for placement of a lien if not satisfied by October 25, 2004.
Attorney Mark Hall offered testimony to the Board. Mark Hall presented several
exhibits as listed below:
Exhibit 1-Mr. Fisher's memorandum dated September 21, 2004.
Exhibit 2-Drawing of Pelican Plaza.
Exhibit 3-photograph of Peggy's Restaurant.
Exhibit 4-photograph of Pelican Plaza taken by Mr. Carder.
Exhibit 5-photograph of the Athens Restaurant on US 1.
Exhibit 6-second photograph of the Athens Restaurant pole signs on US 1.
Exhibit 7-photograph of Belmont Plaza at 2220 US 1.
Exhibit 8-photograph of Riverside Village at 2111 S. US 1.
Exhibit 9-Pelican Plaza building sign drawing prepared by Jeff Gold.
City of Edgewater
Code Enforcement Board Minutes
October 21,2004
Page 2 of 5
Jeff Gold entered testimony regarding the sign issues and the land development
code. Mr. Carder gave testimony stating he took the photographs in Exhibits 3
thru 8 on October 21, 2004 in the afternoon. Mr. Carder stated he was not in
agreement with the sign ordinance and the signs should be grand fathered by
the City. Mr. Storch asked several questions to Mr. Carder and Mr. Gold
regarding sign issues. Mr. Hooper presented an overview of the history of the
sign ordinance and the current changes. Chairperson Linda Johnson
acknowledged that the record would reflect exhibits 1-9 entered into the case.
Chairperson Linda Johnson moved that the Board consider the public hearing
closed and open for discussion.
MOTION bv Ben WaGner. SECOND bv Ben DelniGro to reODen the Dublic
hearinG for additional Guestions. MOTION CARRIED 6 to o.
Mr. Wagner asked questions regarding a photograph of Mr. Carder's sign. Mr.
Carder answered the questions presented to him by the Board. Mr. Hall stated
that this would be a hardship, there is a variance procedure and if you would
give Mr. Carder time as an alternative, they would take it through the variance
process. MOTION bv Ben WaGner. SECOND bv Gene Mirabella to close
the Dublic hearinG. MOTION CARRIED. The Board had a brief discussion.
MOTION bv Jean Kavat. SECOND bv Ben DelniGro that the Board finds
J. C. &. Rosemarv Carder in violation of Section 21-60.04 of the Land
DeveloDment Code. MOTION CARRIED 6 to o.
Mr. Hall interjected that there are two other violations in front of the Board and
we would suggest that you grant us 60 days. We will stipulate that the other
cases are out of compliance because Mr. Carder has too many pole signs and a
few too many ground signs. We are willing to stipulate in the other two case
that they are out of compliance and no fine be imposed at this point until the
December meeting; that would give us 60 days to try to resolve the cases. Mr.
Hooper stated that would be an acceptable offer from the staff viewpoint 60-day
period to enter into a sign agreement. I would encourage the Board, as Mr. Hall
stipulated on the admission of the other two cases, which are not in compliance.
Encourage Mr. Carder to work with staff to bundle all three cases into one
package agreement, which covers all three violations. A report will be provided
to the Board in December when that is done or not done. Mr. Hooper asked that
the Board establish the fine at that point. Chairperson Linda Johnson noted that
there was a possibility that the Board may not have a quorum in December.
MOTION bv Ben WaGner. SECOND bv Gene Mirabella to table any
further action on accessinG a fine on case # 2004-CE-2021A until the
Januarv 2005 meetinG. MOTION CARRIED 6 to o.
City of Edgewater
Code Enforcement Board Minutes
October 21, 2004
Page 3 of5
Mr. Storch stated that we have it on record that the applicant has stipulated to
non-compliance on the next two cases. Mr. Hall concurred that they were
stipulating non-compliance on both cases and requesting that the Board continue
to the January meeting.
Case #2004-CE-2021B & 2004-CE-2021C; 2311-2342 S. Ridgewood Ave..
Edgewater. Florida; J.e. & Rosemary Carder. Violation of Section 21-61.03 &
Section21-62.04 - Pole Sign, & Ground Signs.
Angela DeSue presented the case summary to the Board. Current photographs
were provided for the Board's review. Chairperson Linda Johnson noted that the
property owner has stipulated the condition is actually non-compliance.
MOTION bv Ben WaGner. SECOND bv Glenn Barnhill that the Board
finds J. C. &. Rosemarv Carder in violation of Section 21-61.03 and
Section 21-62.04 of the Land Develooment Code and table any further
action on accessinG a fine on cases #2004-CE-2021B and #2004-CE-
2021C until the Januarv meetinG. MOTION CARRIED 6 to O.
Case #2004-CE-2043, 1509-1515 S. Ridgewood Ave.. Edgewater, Florida; Paul &
Imelda Loeffler. Violation of Section 21-61.03 - Pole sign.
Mike McGrath presented the case summary to the Board. Current photographs
were provided for the Board's review. Mike McGrath presented staff's
recommendation to find Paul & Imelda Loeffler in violation of Section 21-61.03 of
the City of Edgewater Land Development Code and assess a citation fine of
$53.00 with an additional fine of $100.00 per day for each day the violation
exists past October 31, 2004. In addition, for placement of a lien on the property
if not satisfied by November 4, 2004. Mr. Loeffler was present and testified.
MOTION bv Gene Mirabella. SECOND bv Ben WaGner to close the oublic
hearinG. MOTION CARRIED 6 to O. The Board had a brief discussion. Mr.
Hooper expressed that the City would offer the sign agreement and provides
additional time to enter into a sign agreement. MOTION bv Glenn Barnhill,
Second bv Gene Mirabella that the Board finds Paul &. Imelda Loeffler
in violation of Section 21-61.03 of the City of EdGewater Land
Develooment Code and table any further action on accessinG a fine on
#2004-CE-2043 until the Januarv meetinG. MOTION CARRIED
UNANIMOUSLY. Mike McGrath will contact Mr. Loeffler the following week.
Case #2004-CE-9009, 222 Oak Branch Dr., Edgewater, Florida; Lynn Hayes.
Violation of Section 316.2035 and 316.2045 of the Florida State Statue -
Obstruction of public streets.
City of Edgewater
Code Enforcement Board Minutes
October 21, 2004
Page 4 of5
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 Lynn Hayes in violation of Section 316.2035 &316.2045
of the Florida State Statue assessing a citation fine of $108.00 and for placement
of a lien on the property for unpaid fine if not satisfied by October 25, 2004.
MOTION bv Glenn Barnhill. SECOND bv Ben DelniGro that the Board
finds Lvnn Haves in violation of Section 316.2035 &. 316.2045 of the
Florida State Statue assessinG citation fine of $108.00 and for
placement of a lien if not satisfied bv November 1, 2004. MOTION
CARRIED 5 to 1.
OLD BUSINESS:
None.
CODE COMPLIANCE REPORT:
Code Supervisor Angela DeSue had a brief discussion of the January meeting
scheduled in the daytime. The meeting date is January 13, 2004 at 2:30 pm;
which is the second Thursday of each month.
ADJOURNMENT
ChairDerson Johnson adjourned the meetinG at 7:55 Dm.
Next Meeting scheduled for November 18, 2004.
Minutes respectfully submitted by,
Shontella Jackson, Board Coordinator
City of Edgewater
Code Enforcement Board Minutes
October 21,2004
Page 5 of 5