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06-15-2000 4i0 (WO CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 15, 2000 5:30 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Chairman Fowler called the Regular Meeting to order at 5:38 p.m. in the Community Center. ROLL CALL Members present were Chairman Tony Fowler, Linda Johnson, Ben DelNigro, George Ann Keller, and Susan Hammond. Also present were Lieutenant Bill Britain, Code Enforcement Officer Mike McGrath, Deputy City Clerk Lisa Bloomer, and Board Coordinator Vicki Gray. Code Enforcement Officer Beverly Kinney-Johnson was excused. Ann Margaret Emery sat in for Attorney Sidney Nowell. APPROVAL OF MINUTES Regular eetinq of May 18. 2000 Ms. Keller made a motion to approve the May 18, 2000 minutes, second by Ms. Hammond. The motion CARRIED 5-0. Lt. Britain introduced the new employees in the Code Enforcement Department: Code Enforcement Officer Mike McGrath and Code Enforcement Secretary Vicki Gray. SWEARING IN OF WITNESSES Deputy City Clerk Bloomer swore in Ruth Mullaney and Linda Roy of 2030 Victory Palm Drive. Also sworn in was Lt. Britain. CASES• IN COMPLIANCE There were no cases to be listed in compliance. NEW BUSINESS/PUBLIC HEARINGS: Election of Chairman and Vice-Chairman Chairman Fowler wanted to wait until the latter part of meeting to discuss this matter. UNFINISHED BUSINESS There was no unfinished business to be discussed. Nwf LIEN REDUCTION REQUESTS Case #93-CE-0224 Section 11-2 Representatives: Li da & Robert Roy, Henry Lewis d.b.a. Henry Lewis Drywall - Failure to renew home occupational license, Ruth Jean Mullaney. property Owner. 2030 Victory Palm Drive Chairman Fowler asked Ms. Emery in the situation that this is not the original, this is a request is by the Mullaneys to rehear this situation. Should they speak first. Ms. Emery stated if this s their request for it to be reheard that probably would be appropriate. Linda Roy, 2030 Victory Palm Drive, stated they were aware of the situation in the first place. Her mom was proper owner at time and have since bought her mom's house. After they closed on the house they got a phone call from the title insurance company indicating she was served a paper saying there was a lien on the property: She notified her mom that it was due to a Henry Lewis. Mr. Lewis was a boyfriend of her younger sister who for a short period of time came and mom was good enough to take them in. They came from Maryland and had and place to stay. He was only there for a short period of time an Zvel back to Maryland. If there was hearing, her mom wasn't aware o 't aall it at the time. As far paperwork, her mom doesn't anything ever being setaZopher. She has had some ct)nt .ct with Bev and also the lady from the title insurance that sent contact some kind of notice that was sent to Mr. Lewis about a lien being put against him because of not having license. That was the ?irst her mom was aware of any problem with Mr. Lewis. Chairman Fowler asked if there we any questions? Ms. Hammond stated it is noted in their paperwork anthat someone accepted a registered letter notifying 1e of what was going on. Ms. Roy stated a John Mullaney signed for that. Her dad was a John Mullaney but he passed away in 1991. This was in 1993 and the document was addressed to Mr. Lewis from what they can tell. She asked her brother who is a John Mullaney and he also has a son that is a John Mullaney so they are not quite sure which one signed for it. Neither one of them were the property owner and they don't know which one signed for it and it was addressed to Mr. Lewis. All they can figure is more than likely he knew where her sister was in Baltimore and forwarded it there. Ms. Hammon stated at this point you don't know what happened to the document. Ms. Roy stated no but she has since gotten a copy. Chairman Fowler asked Ms. Roy if her or mother know when Mr. Lewis moved out. Ms. Roy stated they can't put their finger on an exact date. -2- Page Citizen Code Enforcement Board June 15, 2000 Chairman Fowler stated what he may do unless there are questions concerning her comments, he would like to have Lt. Britain bring in City's side of this issue then they can hash it out and at that point in time ask Ms. Roy questions if necessary. It was the consensus of the board to do this. Lt. Britain stated the Board originally heard this case, /93-CE- 0224 on May 20, 1993. The violation was for a failure to renew a home occupational license. The violator, Henry Lewis, was given until June 1, 1993 to abate the violation or a fine of $50 per day would be imposed. The violation was abated by August 6, 1993, when the City deleted the license from the active list. The lien totals $1,800. Henry Lewis was the boyfriend of Ms. Mullaney's daughter, Susan. Susan and Henry moved from Maryland and lived with Ms. Mullaney for a short time. During that time Mr. Lewis obtained a home occupational license to do drywall work. When he ceased to reside at 2030 Victory Palm Drive or if he was no longer in business it was his responsibility to notify the City of the current status of his license. The license would have either been deleted to transferred to Mr. Lewis's new address in Edgewater. Instead Mr. Lewis did nothing. A notice of violation was issued to Henry Lewis on April 9, 1993, The City received no response. A notice of violation hearing was issued by certified mail to Henry Lewis on April 21, 1993. Mr. John Mullaney, Mrs. Mullaney's son signed for the certified mail on May 10, 1993. Still the City received no response. Robert and Linda Roy sent a certified letter to Code Enforcement on behalf of Ruth Mullaney, property owner from 1980 to 1999, requesting to be placed on the agenda to reconsider the lien totaling $1,800. Linda Roy is the daughter of Ruth Mullaney. Ms. Mullaney sold 2030 Victory Palm Drive via family sale to her daughter Linda and son-in-law Robert Roy. The issue of the lien arose when Associated Land Title faxed a request of any amounts due to the city on August 9, 1999. Code Enforcement did not get the request until August 25, 1999. The lien total was placed on the form and forwarded to the City Clerk's office, then to the City Attorney's office and finally back to Finance where the information was given to the title company making the request. The request from Associated Title was faxed back to them on September 1, 1999. The closing did in fact happen on August 26, 1999 prior to Associated Title obtaining the information needed to close on the property. Mrs. Mullaney was not aware that Henry Lewis had obtained a home occupational license using her address to get the license. Mr. Lewis also failed to notify the City when he moved out of Ms. Mullaney's home. Ms. Mullaney was not aware that there was any type of lien on her property until Associated Title informed her on September 1, 1999. She then immediately sent code Enforcement a letter by certified mail explaining her view of the problem. With a phone conversation regarding the problem on September 17, 1999 this Code Enforcement Officer sent follow up letter regarding the discussion they had on the phone. Page -3- Citizen Code Enforcement Board June 15, 2000 , A Am, Lt. Britain further explained after reviewing the entire file, staff recommends total waiver of the lien filed by the City of Edgewater Citizen Code Enforcement Board regarding Case 193-CE- 0224. The lien was meant for Mr. Lewis not Ms. Mullaney, who became the victim. The lien was filed on August 4, 1993 in Book 3847 Page 3595. Chairman Fowler asked if there were any questions of Lt. Britain. There were no questions. Ms. Johnson asked Ms. Emery if she had reviewed the lien. Ms. Emery informed her she had. Ms. Johnson asked if she thought there may be some deficiency in its form. Ms. Emery stated yes she does. Not only the form but also maybe the procedure. Chairman Fowler stated outside the form and procedure his one major question was did Henry Lewis at any point in time receive an occupational license. Lt. Britain stated he must have because he didn't renew it. That's what the violation was. Chairman Fowler stated the section in violation is Section 11-2 . Section 11-3 states that a license shall expire on September 30" of the succeeding year. Section 11-2 says it is unlawful for.any.person described to manage any business profession or occupation in the City unless he holds a current occupational license to do so. There is nothing he knows of that says it is his responsibility to tell you whether he is gone or out of business. If he is gone, he is not in violation. He is not running a business without license because he is not here to do so. There is a deficiency in the Code by his understanding. Lt. Britain agreed. It may be on the books somewhere but that is his business, if he wants to move he will move. This is personal. It may not be by the books bu the has not read the particular statute but he agreed. He thinks that procedure has now changed. He asked Deputy City Clerk Bloomer if they don't renew it, it is just taken off the books. Deputy City Clerk Bloomer stated that is what we are doing now and if we catch them doing business they have to come in and reapply and we charge them for the year they didn't renew. Chairman Fowler asked if there were any other questions. Ms. Keller asked if Mr. Lewis is doing any kind of business in Edgewater or has he tried to obtain an occupational license using a different address. Mr. Roy stated the last they knew he moved to Baltimore several years ago. Mr. DelNigro made a motion to recommend staff's recommendation. Chairman Fowler stated staff's recommendation was to waive the entire lien. Ms. Johnson asked if they could clarify it a little better for the record. Page -4- Citizen Code Enforcement Board June 15, 2000 Lt. Britain stated after reviewing the entire file, staff reco ends total waiver of the lien filed by the City of Edgewater Citizen Code Enforcement Board regarding Case 193-CE- 0224. The lien was meant for Mr. Lewis, not Ms. Mullaney, who became the victim. The lien was filed on August 4, 1993 in Book 3847 Page 3595. The motion was seconded by Ms. Johnson. The motion CARRIED 5-0. Lt. Britain informed Ms. Roy they will be notified by City. Ms. Emery asked if a satisfaction of lien will be recorded for her. Chairman Fowler stated yes. Ms. Keller stated she had a problem with the handwritten notes that she read about someone wanting to bypass the Code Enforcement Board and having the City Manager handle it. Chai an Fowler stated he read the same lines and he doesn't think it was so much trying to bypass the Code because of its decision but to avoid the stigma, etc. and not knowing what the ground rules are or procedures are and it was only their request. DISCUSSION ITEMS Lt. Britain stated since he took over, this hit him upside the head the first day he walked into that office and started snooping through files. He started questioning it. He is already working on this with Sid to straighten this whole matter up. Hopefully in the next couple of months they will come to Board with recommendations to clear up a lot of these problems. There are a lot of problems with a lot of these cases. Now that they have a secretary it is going to be one of her first jobs. It will be to get this organized and research it. He will be getting with Sid on it and will come back to the Board with some recommendations that they have already discussed on how to straighten this whole mess up. There were no more items to discuss. Election of Chairman and Vice-Chairman Chairman Fowler asked for an update regarding their recent edition to the Board. Lt. Britain informed the Board that their new member had to respectively decline due to having a stroke. Ms. Bloomer has a couple more applications that have come in for the Board to look at. This wasn't put in for discussion tonight unless someone wants to throw it in. Chairman Fowler stated they may discuss it but there will be no formal recommendation at this point in time. Citizen Code Enforcement Board June 15, 2000 160 NM, Chairman Fowler stated the reason he was eluded to the member that had to decline is because they are only a board of five at the moment and if they prefer to hold off the election until a later date when they fill board. If not, they can take care of it tonight. Lt. Britain stated he wasn't sure if they could do that because the Board had a quorum. If it is in the by-laws that you have to have an election, he thinks you almost have to if you have a quorum. Ms. Emery stated she doesn't know if this is the appropriate time otherwise for the Board to have these elections. Would you be having them if you had another member here? Chairman Fowler stated they are normally done at June's meeting. According to the current ordinances there is not a specific date that he saw but it has normally been done in June. Ms. Keller gave Ms. Emery a copy of the by-laws to look at. Chairman Fowler stated that is a copy that is not in affect at this moment. Lt. Britain asked if it was blessed by the Council at the last meeting. Ms. Keller stated Council approved the bylaws at last meeting. Chairman Fowler stated it probably should have been put on this agenda because it should have been approved and signed as of this meeting but it is not on tonight's agenda. Ms. Emery asked if this was on the agenda? Ms. Keller informed her it is not on the agenda but the Council did vote on it and approve it at their last meeting. Lt. Britain stated Council blesses it and signs it. Chairman Fowler stated that could be. Lt. Britain stated it will be at least two to three months before the Board gets any new members. He feels they are putting off the inevitable. Chairman Fowler stated let's just go ahead and do it. Chairman Fowler asked for nominations for Chairman. Ms. Johnson nominated Chairman Fowler, second by Mr. DelNigro. There were no other nominations. The motion CARRIED 5-0. Chairman Fowler asked for nominations for Vice Chairman. Mr. DelNigro nominated Ms. Johnson, second by Ms. Keller. The motion CARRIED 5-0. CODE ENFORCEMENT COMMENTS Lt. Britain stated this week they were introduced to an emergency ordinance regarding fire abatement and lot clearings next to homes. They sent letters out this week. Lt. Britain Handed out copies of ordinance and letter that was sent out for the Board's review. He foresees this coming up in the next two months. They have already received letter wanting to come before the Board. He though the Board should be forewarned. They need to have Sid look at this and review it for the next meeting. The Board can discuss it after reading it and Sid can read it and give this thought on it. Page -6- Citizen Code Enforcement Board June 15, 2000 400 4 Lt. Britain further explained it is going to be another one of those controversial things where we are forcing people to clear 20 feet of their unimproved lots if they are next to a dwelling. If you own two lots in Florida Shores, the entire City is encompassed in the ordinance, not just Florida Shores. If you own two lots with a house on it and somebody else owns two unimproved lots next to you. They are going to have to clear the first 20 feet for fire abatement of any shrubbery down to a minimum of 36" high. Ms. Johnson stated and then they have to maintain it. Lt. Britain stated at less than 36 inches. Ms. Hammond asked if this meant 20 feet from the lot of the people that live there on each side or from the street or from the back. Lt. Britain stated they are talking about the side lots that abuts the next property owner. The residents will be required to clean 20 feet in from their property line. Fie presented a generalized type of situation. There is a lot more to this. Mike. is going to be thrown into the fire on this. There are all kinds of criteria to look at. The Fire Dept. did the first batch, which is 7 to 10% of Florida Shores. The first ones they felt were necessary were the outside areas that are not homebound yet. There are a lot of lots that are a mess. They sent 47 letters sent out last week. They have received 32 responses back that they received certified letters. Wednesday they received a fax requesting to come before the Board already. He has the letter. It is public record and they said they may bring attorney with them. That is why he wants the Board to be aware of what is coming forth. Kind of like the new Land Development Code. He was familiarized in a meeting today. The City Manager called a meeting with the Fire Chief, himself, Jack Corder, Mike, Terry Wadsworth, there were quite a few of us there. He was trying to familiarize Mike and himself with it. He heard it for the first time last week. They called this meeting and explained a lot of it to them. There is more to come. He suggested the Board read it and try to grasp it. One lady called in and had already had her 20 feet done and it cost her $600. If they don't take action, the City will lease whatever equipment they have to to go in and clear the property. He thinks the City is planning on charging $1,100 to clear 20 feet from front to back. This is what is being proposed. That will be a lien on the property and they will have to come in front of Code Enforcement. Mr. DelNigro stated a while ago the Fire Chief said he had problems contacting people that own empty lots at a Council meeting. They have changed hands so many times. Lt. Britain stated there are a couple of them they have had a problem with because the tax rolls are not up to speed. Right now they are looking at 95% accuracy on getting letters out. The first batch just went out, 47 letters in the test area. They have received 4 undeliverables. Page --7- Citizen Code Enforcement Board June 15, 2000 ‘i0 140, Mr. DelNigro asked how the City came up with $1100 and a private contractor came up with $600. Lt. Britain informed him the City will have to rent the equipment. He has nothing to do with this aspect of it. It will be handled by Parks and Recreation. This may drop some. They are looking into this a little bit more. They have a minimum three months. Mr. DelNigro stated he would hate to be sitting on the board and have all the people that went before Council regarding the boats and trailers. He doesn't want to be up here when people in audience are screaming about their land., Lt. Britain stated they are trying to their darndest to make sure this is in compliance before going before the Board. Ms. Hammond asked if most of the letters were sent to Florida Shores or was it random. Lt. Britain stated all over the United States, whoever happened to won the property. There are several northern people that own the lots that were first sited. Mr. McGrath stated they are all over the United States right now. Lt. Britain stated he doesn't want Board to get blind-sided with this. He has been advised by Mr. Hooper to ask Sid to review this so it has all been approved by Mr. Hooper already. Ms. Johnson stated this ordinance has been in affect over a year and is just now hitting the fan. Lt. Britain stated you would not believe the intricacies of how this is going about it. It is very complicated and very time consuming. Up until now this has been done by the Fire Department. Trevor Barlow has done most of it. They are going to be training Mike over the next couple of weeks for Phase II. They broke the outlining sections of Florida Shores down where there is least population opposed to the ones they wanted to target first. He commented on the confusion to all of this. There are a few kinks to it. This is going to be Mike's primary job for a while. This is going to take up to at least a year and a half for the first review and then they will have to go back and check the ones that have already been done. He spoke about someone who has houses on both sides of them. Now you have to clean 20 feet from each side. Then there is only 40 feet left and some say they might as well clear the whole property. Catch all, now you have to keep it cut to less than 12" because it is improved property. Mr. DelNigro asked who maintains front, that is for the side and back. Lt. Britain stated the front and back is not a problem. Ms. Hammond stated it would be if it was abutting residential in the back. Lt. Britain explained backyard setbacks are bigger. Mr. DelNigro asked who is responsible for all the brush between the two properties. If you have to clear in case of fire, which he assumes is why they are doing this. Lt. Britain stated right now it is mainly the fire aspect but it is also a nuisance. Mr. DelNigro stated but people have brush behind their houses that bring the two properties together. Are they going to want them to clear that out also. Lt. Britain stated that has not been brought up to them yet. Page -8- Citizen Code Enforcement Board June 15, 2000 46, .4401 Mr. McGrath stated since there is 30 feet from the house and the neighbor behind you has 30 feet. That is 60 feet. You may only have an eight foot wide easement. Lt. Britain stated they are not worrying about that right now. Lt. Britain stated they are anticipating coming back to the Board in August. The people requesting to be on the agenda are local. Hopefully he will be able to visit these people next week. Ms. Keller stated when the letter was sent out were the residents supplied with list of contractors that would be willing to clean brush. Lt. Britain stated there was a list of people that could assist them. It is going to be difficult for homeowner to find someone to do small job. Next month, once he talks to Sid on this, he may wish to bring it up and give some legal opinion as to where the Board stands. Again, he doesn't want the Board to be blind-sided. Ms. Keller stated the one applicant, Andy Anderson, attends or has attended many Council meetings. She has seen this gentleman at the meetings. She doesn't know anything more than that other than listening to him commenting about different issues that are on the agenda. She asked if they are still looking for more people. Lt. Britain explained any chance the city Clerk Department gets a chance they get the word out. Ms. Hammond also stated Mr. Anderson also belongs to the Florida Shores Homeowners Association. She has seen him at meetings there. She feels he seems to be rather civic minded. Lt. Britain explained the applications are just for the Board's review tonight. They will put it on the agenda for discussion next month. PUBLIC COMMENTS There were no public comments at this time. ADJOURNMENT There being no further business to discuss, Chairman Fowler adjourned the meeting. The meeting adjourned at 6:22 p.m. Minutes submitted by: Lisa Bloomer Page -9- Citizen Code Enforcement Board June 15, 2000