03-27-2014 - Special L`
city of
E)GEWATE-R
CODE ENFORCEMENT BOARD
Thursday, March 27, 2014
2:00 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER
Chairman Ben Wagner called the regular meeting of the Code Enforcement Board to
order at 2:00 PM in the Community Center.
ROLL CALL
Members present: Ben Wagner, Ed Corn, Glenn Barnhill, Gail Anderson, Alice
Haldeman, Sherry Lester and Nikki Hughart. Staffs present were Code Supervisor Jeff
Lariscy, Code Officer Dan Koehler, Code Officer Dan Rieman, Animal Control Officer
Denis Odell and Board Coordinator Shontella Jackson. Also present were City Attorney
Aaron Wolfe, Gary Warnock and Attorney Joe Shoemaker of Bogin, Munns & Munns.
APPROVAL OF MINUTES
The Minutes for the regular meeting of February 13, 2014 were presented to the Board
for approval. MOTION by Ed Corn. SECOND by Glenn Barnhill to adopt the
minutes of Citizen Code Enforcement Board on February 13. 2014 as written.
MOTION CARRIED UNANIMOUSLY,
SWEARING IN OF WITNESSES:
Code Supervisor Jeff Lariscy, ACO/Code Denis Odell, Code Officer Dan Rieman, Code
Officer Dan Koehler, and Stormwater Maintenance Supervisor Tommy Smith were
sworn in.
CASE(S) NOT BEING HEARD:
p. Case 92014-CE-108285
Notice of violation—(Lariscy)
Joseph A. Zammit c/o Zammit Family Revoc Trust— 805 S. Ridgewood Ave.
Violation of Section— 10-4 (Nuisances generally)
Code Enforcement Board Minutes
March 27,2014
Page 1
The Board approved an amendment to the agenda to move the following cases to the
end:
a. Case 92014-CE-108251
Citation 93460 (Koehler)
Gary P. Warnock— 1960 Fern Palm Dr.
Violation of Section—21-53.9 (Stormwater permit)
b. Case #2014-CE-108251 (Repeat)
Citation 93368 (Rieman)
Gary P. Warnock— 1960 Fern Palm Dr.
Violation of Section—21.53.9 (Stormwater permit)
NEW BUSINESS:
Chairman Ben Wagner read the following cases:
a. Case 92014-CE-108264 (A)
Citation 93366 (Rieman)
Karl H. & Donna M. Sachse—2626 Lime Tree Dr.
Violation of Section— 10-80 (Outdoor storage)
b. Case 92014-CE-108264 (B)
Citation 93366 (Rieman)
Karl H. & Donna M. Sachse—2626 Lime Tree Dr.
Violation of Section— 10-83 (Neglected premises)
c. Case 92014-CE-108264 (C)
Citation 93366 (Rieman)
Karl H. & Donna M. Sachse—2626 Lime Tree Dr.
Violation of Section— 10-224 (Roofs & drainage)
d. Case 92014-CE-108264 (D)
Citation 93366 (Rieman)
Karl H. & Donna M. Sachse—2626 Lime Tree Dr.
Violation of Section— 10-121 (Watercraft/trailers storage)
e. Case 92013-CE-108284
Citation 93369 (Rieman)
Olga Rizvan—3223 Umbrella Tree Dr.
Violation of Section— 10-98 (Property maintenance)
f. Case 92014-CE-108273 (A)
Citation 93371 (Rieman)
Federal Natl. Mtg. Assn. % Wells Fargo Home Mtg. —2704 Kumquat Dr.
Violation of Section— 10-98 (Property maintenance)
g. Case 92014-CE-108273 (B)
Citation 93371 (Rieman)
Federal Natl. Mtg. Assn. % Wells Fargo Home Mtg. —2704 Kumquat Dr.
Violation of Section— 10-83 (Neglected premises)
Code Enforcement Board Minutes
March 27,2014
Page 2
h. Case 92014-CE-108270 (A)
Citation 93372 (Rieman)
Asset Recovery 23 LLC—2908 Kumquat Dr.
Violation of Section— 10-83 (Neglected premises)
i. Case 92014-CE-108270 (B)
Citation 93372 (Rieman)
Asset Recovery 23 LLC—2908 Kumquat Dr.
Violation of Section—21-56.02 (Apron)
j. Case #2014-CE-108210
Citation 93461 (Koehler)
Rafael & Maritza D. Fajardo— 1816 Lime Tree Dr.
Violation of Section—7-1 (Incorp. of the Fl. Bldg. Code)
k. Case 92014-CE-108343 (A)
Citation 93462 (Koehler)
Betty J. & Morris E. Deturck Jtrs. —2817 Kumquat Dr.
Violation of Section— 10-98 (Property maintenance)
1. Case #2014-CE-108291 (B)
Citation 93462 (Koehler)
Betty J. & Morris E. Deturck Jtrs. —2817 Kumquat Dr.
Violation of Section— 10-83 (Neglected premises)
m. Case 92014-CE-108352 (Repeat)
Citation 93465 (Koehler)
Amanda & Richard Balicki— 1818 Date Palm Dr.
Violation of Section— 10-98 (Property maintenance)
n. Case 92014-CE-108287
Citation 93480 (Odell)
Bruce M Davis—2617 Juniper Dr.
Violation of Section— 10-98 (Property maintenance)
o. Case 92014-CE-108355
Citation 93466 (Koehler)
Jo E. Barnes— 110 E. Turgot Ave.
Violation of Section— 10-80 (Outdoor storage-residential)
Chairman Ben Wagner concluded with it appears after reviewing these cases no one was
present for any of the cases mentioned above. Pursuant to Section 10-348 and 10-345
subparagraph C of the Code of Ordinance and the statement that appears on the
respected citation issued that failure to appear at this hearing means the alleged violator
has waived any right to contest the violation and that an order can be made against for
the maximum applicable penalties that include but not limited to administrative costs,
fines, daily fines and liens however we have the benefit of the staff recommendations,
motion and actions to be taken by the Board. MOTION by Sherry Lester, SECOND
Code Enforcement Board Minutes
March 27,2014
Page 3
by Ed Corn to accent the findings and staff recommendation, MOTION
CARRIED UNANIMOUSLY,
CONTINUED/POSPONED CASEN:
Case 92014-CE-108251 Citation 93460 & 3368 (Koehler/Rieman) Gary P. Warnock—
1960 Fern Palm Dr. Violation of Section—21-53.09 (Stormwater permit)
Code Supervisor Jeff Lariscy presented the case summary to the Board. Code
Supervisor Jeff Lariscy presented staff recommendations to find Gary P. Warnock in
violation of Section 21-53.09 (Altering the bank of a canal) of the Code of Ordinances
and assess the citation fine of$225.00 and an addition fine of$250.00 per day each day
the citation is not paid past March 28, 2014 and for a lien to be placed on the property if
not satisfied by April 2, 2014. It is also recommended the Board order the property
owner to restore the canal back to the condition as indicated on the December 2005
survey placed into evidence by the City of Edgewater, or appropriately proceed with
alteration of the referenced storm water conveyance system by filing required
engineered plans and specifications and obtaining required permits and authorizations as
described further. The property owner would be required to submit a storm water
application along with any other required information and documentation as indicated
on the storm water permit instructions by April 11, 2014 or assess a $250.00 per day fine
effective back to March 28, 2014 and a lien to be placed on the property. It is also
recommended the Board request the City Manager approve the expenditures to correct
the violation and place a lien on the property for all cost and fees associated with
correcting the violation, if not corrected in the prescribed time or if later deemed an
emergency that may impede the storm water conveyance system.
Staff recommends the Board allow the property owner to alter the canal at the owner's
expense instead of restoring the canal back to the condition as indicated on the
December 2005 survey. The owner would be required to submit a storm water
application along with required engineered plans and specifications that show the actual
plan of construction with pipe sizes and elevations. The application and associated
information must be submitted by April 11, 2014 or assess a $250.00 per day fine
effective back to March 28, 2014 and a lien to be placed on the property. It is also
recommended the Board request the City Manager approve the expenditures to correct
the violation by restoring the canal back to the condition as indicated on the December
2005 survey placed into evidence by the City of Edgewater and for a lien to be placed on
the property for all cost and fees associated with correcting the violation, if not corrected
in the prescribed time or if later deemed an emergency that may impede the storm water
conveyance system.
Staff recommends the Board order the property owner to finish all work within 45 days
after receiving the required permits or assess a $250.00 per day fine effective back to
March 28, 2014 and for a lien to be placed on the property. Staff also recommends the
Board request the City Manager approve the expenditures to correct the violation by
restoring the canal back to the condition as indicated on the December 2005 survey
placed into evidence by the City of Edgewater and for a lien to be placed on the property
for all cost and fees associated with correcting the violation, if not corrected in the
prescribed time or if later deemed an emergency that may impede the storm water
conveyance system.
Code Enforcement Board Minutes
March 27,2014
Page 4
Staff recommends the Board order the property owner to correct any and all erosion
issues that occur in the canal during the time allowed to submit a permit, the permit
processing time, and during construction. Staff recommends the Board request the City
Manager approve the expenditures to immediately correct any erosion issues that may
impede the storm water conveyance system if not corrected by the property owner and
for a lien to be placed on the property for all cost associated with correcting erosion
issues. Code Supervisor Jeff Lariscy stated the City has been working with this case
since 2005.
Mr. Warnock was present with his attorney Joseph Shoemaker of Bogin, Munns &
Munns PA. Mr. Shoemaker stated his client was cited for not having the proper permits
but there are some exemptions within the code. Mr. Warnock is asking that the city hold
any fines in abatement and would like to work with the city to resolve this matter.
Chairman Ben Wagner closed the public hearing.
MOTION by Ed Corn. SECOND by Sherry Lester that the Board finds Gar v P.
Warnock in violation of Section 21-53.09 of the Code of Ordinances and acce t
staff recommendation with the exception of the 45 days time frame. Assessing the
citation fine of$225.00 and an addition fine of$250.00 per day each day the
citation is not paid past March 28. 2014 and for a lien to be placed on the property
if not satisfied by April , 2014. It is also recommended the Board order the
property owner to restore the canal back to the condition as indicated on the
December 2005 survey placed into evidence by the City of Edgewater. or
appropriately-proceed with alteration of the referenced storm water conveyance
system by filing required engineered plans and specifications and obtaining
required permits and authorizations as described further. The property owner
would be required to submit a storm water application along with any other
rMired information and documentation as indicated on the storm water hermit
instructions by April 11. 2014 or assess a X250.00 per day fine effective back to
March 28. 2014 and a lien to be placed on the property. It is also recommended the
Board request the City Manager approve the expenditures to correct the violation
and place a lien on the property for all cost and fees associated with correcting the
violation, if not corrected in the prescribed time or if later deemed an emergency
hat may impede the storm water conveyance system.
Staff recommends the Board allow the rho e�rty owner to alter the canal at the
wner's expense instead of restoring the canal back to the condition as indicated on
he December 2005 survey. The owner would be required to submit a storm water
application along with required engineered plans and specifications that show the
actual plan of construction with pipe sizes and elevations. The application and
associated information must be submitted by April 11. 2014 or assess a $250.00 per
ay fine effective back to March 28. 2014 and a lien to be placed on the property.
It is also recommended the Board request the City Manager approve the
expenditures to correct the violation by restoring the canal back to the condition as
indicated on the December 2005 survey placed into evidence by the City of
Edgewater and for a lien to be placed on the property for all cost and fees
Code Enforcement Board Minutes
March 27,2014
Page 5
associated with correcting the violation, iLf—n-QL corrected in the prescribed time or if
later deemed an emergency that may impede the storm water conveyance system.
Staff also recommends the Board request the City Manager approve the
expenditures to correct the violation by restoring the canal back to the condition as
indicated on the December 2005 survey placed into evidence by the City of
Edgewater and for a lien to be placed on the property for all cost and fees
i with correcting the violation. if not corrected in the prescribed time or if
later deemed an emergency that may impede the storm water conveyance system.
Staff recommends the Board order the property owner to correct any and all
erosion issues that occur in the canal during the time allowed to submit a permit.
he permit processing time, and during construction. Staff recommends the Board
request the City Manager approve the expenditures to immediately correct any
erosion issues that may impede the storm water conveyance system if not corrected
by the property owner and for a lien to be placed on the property for all cost
associated i h correcting erosion issues, MOTION ARRIED UNANIMOUSLY,
OTHER BUSINESS: None
CODE COMPLIANCE REPORT:
Code Supervisor Jeff Lariscy stated Chapter 10 will be going to City Council for
approval in April.
PUBLIC COMMENT: None
BOARD DISCUSSION: None.
ADJOURNMENT
Chairman Ben Wagner adjourned the meeting at
Next Meeting scheduled for April 10, 2014 at 2:00 p.m.
Minutes respectfully submitted by,
Shontella Jackson
Code Enforcement Board Minutes
March 27,2014
Page 6