02-19-2004 CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
Thursday, February 19, 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 5:34 PM in the Community Center.
ROLL CALL
Members present: Chairperson Linda Johnson, Joy Brindley, Glenn Barnhill, Ed
Corn, Vice Chairman Ben Delnigro, and Ben Wagner. Also present were Code
Board Attorney Glenn Storch, Chief Tracey Barlow, Capt. Stephen Cousins, Code
Supervisor Angela De Sue, Code Officer Mike McGrath and Board Secretary
Shontella Jackson.
Absent: Gene Mirabella
APPROVAL OF MINUTES
The Minutes for the regular meeting of January 15, 2004 were presented to the
Board for approval. MOTION by Joy Brindley, SECOND by Ben Wagner to
adopt the minutes of Regular Citizen Code_Enforcement Board on
January 15, 2004 with the following revisions:
Page 1, Call to Order, first sentence:
"Ge Vice-Chairperson Linda Johnson called the regular meeting of the Citizen
Code Enforcement Board to order at 5:31 PM in the Community Center."
Page 1, Roll Call, first sentence:
"Members present: -Go Vice-Chairperson Linda Johnson, Joy Brindley, Glenn
Barnhill, Ed Corn, Ben Delnigro, Gene Mirabella and Ben Wagner. Also present
were Code Board Attorney Glenn Starch, City Manager Ken Hooper, Chief Tracey
Barlow, Code Officer Mike McGrath and Board Secretary Shontella Jackson. A
welcome was extended to new Board Member, Ben Wagner and new Code Board
Attorney Glenn Storch. Code Board Attorney Storch gave a brief overview of his
professional experience."
Page 2, under the Motion:
"MOTION by Ben Wagner, SECOND by Ed Corn that the Board find
Henry V & Marie McClendon in e violation of Section 21-56.03b and
that staff recommendation be cceoted as recommended: a $53
citation fine and assess $50 per day ong with the req est for Ci
Staff to cut th- •rays and place - lien on the orooe . Provided the
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NOTION CARRIED UNANIMOUSLY."
Page 2, under the Motion:
"MOTION by Ed Corn, SECO D by Glenn Ba n illthat the Board find
Thelma Crigger Estate in rim violation o Section 21-35.04 and that staff
rec•,mmendati• • - ce ttLas recommended: a $53 citation fine and
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• - t . 1 • • *'.1 • 1 I ' r • • ' lA • -•_,` • l' r • • `.Il•1 • i_ 1
CARRIED UNANIMOUSLY."
Page 3, under the Motion:
"MOTION by Ben Delnigro, SECOND by Ben Wanner thJ the Board find
Thelma Gripper Estate in an violation of Section 21-56,03b that staff
recommendation be accepted as recommended: a $53 citation fine and
grass and place a lien on the property. _Provided the property owner
does not request a hearing prior to February 4, 2004. ,MOTION
CARRIED UNANIMOUSLY`
Page 3 and 4, under the Motion:
"MOTION by Ben Delnigro, SECOND by Glenn Barnhil that the Board
find Joel & Donna Wren in en violation of Section 21-38.02 and that
staff recommendation be accepted as recommended: a $53 citation
fine and Board would provide 30.days to comply then a fine of$50 per
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do not request a hearing by February 4, 2004. MOTION CARRIED
UNANIMOUS Y."
Page 4, under Adjournment:
"Next Meeting will be held on March 18 February 19, 2004 at 5:30 pm."
MOTION to adopt revised minutes CARRIED unanimously 6-0.
SWEARING IN OF WITNESSES:
Jerald Lenik, Code Officer Mike McGrath, and Chief Tracey Barlow were sworn in
for testimony.
NEW BUSINESS:
Case # 2004-CE-1013 (A), 1800 S. Riverside Dr., Edgewater, Florida; Jerald
Lenik and Cheryl Seiter. Violation of Section 1015 of the Florida Building Code—
Guardrails.
Chief Barlow presented the case summary to the Board. Current photographs
were provided for the Board's review. Chief Barlow presented staff's
recommendation to find Mr. Lenik in violation of Section 1015 of the Florida
Building Code and assess the citation fine of$53, with an additional fine of$50
per day for each day the guardrails violation exists past February 29, 2004, and
for a lien to be placed on the property if not satisfied by February 29, 2004.
Mr. Lenik testified that he has intention of complying. He and his wife have been
seeking a construction loan since August to finish construction on the house. He
stated, if the loan does not go through on February 28th, our lender is going to
start foreclosing on the property. Mr. Lenik stated that the house is not occupied
and is still under construction. Mr. Lenik stated that once he closes on the loan
he could finish within 30 days. Mr. McGrath stated that the permits have
expired. Mr. McGrath stated he has a letter dated January 8, 2004 stating that
the job had not been completed. An extension was granted on October 21,
2002, which has expired, and he must reapply for a new permit. Mr. Lenik
stated that all the doors have been secured.
Mr. Starch suggested that the Board table this case for 30 days and the Board
agreed. MOTION by Ett Corn, SECOND by Ben Delnigro that the Board
table Case #2004-CE-1013 (A) until the next scheduled meeting with
the condition that the respondent continue to maintain the sealed
entrance to the second floor balcony area, and that all exterior doors
remain locked at night. MOTION CARRIED 5 to 1.
Case # 2004-CE-1013 (B), 1800 S. Riverside Dr., Edgewater, Florida; Jerald
Lenik and Cheryl Seiter. Violation of Section 7-325 — Enclosures.
Chief Barlow presented the case summary to the Board. Current photographs
were provided for the Board's review. Chief Barlow presented staff's
recommendation to find Mr. Lenik in violation of Section 7-325 of the Code of
Ordinances and assess the citation fine of $53, with an additional fine of$50 per
day for each day the pool enclosure violation exists past February 29, 2004, and
for a lien to be placed on the property if not satisfied by February 29, 2004.
Mr. McGrath testified that the pool is a safety issue and that Mr. Lenik pulled the
fence permit on January 8, 2004 but stated that Mr. Lenik does not have the
revenue to complete the fence. Mr. Lenik stated he would need to close the loan
in order to put up the fence. Mr. Lenik stated that it was only during
construction when the old fence came down that was around the pool. Mr.
Storch stated that the pool was a huge liability for Mr. Lenik and the City. Mr.
Lenik stated that he would follow the recommendation of the Board.
Mr. Storch presented several options to the Board pertaining to Case #2004-CE-
1013 (B). Mr. McGrath stated that Mr. Lenik should verify any temporary fencing
with the Building Official.
MOTION by Ed Corn, SECOND by Glenn Bar hilljhat the Board find
Jerald Lenik and Cheryl Sgiter_in violation of Sectio 7-325 for
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with the fence or lack thereat MOTION CARRIEDIJNANIMOUSLY,
OLD BUSINESS:
Chief Barlow updated the Board on the Wren's case stating the citation has been
satisfied and the fence has been either removed or corrected. Mr. Delnigro
stated that he has been seeing businesses on US 1 with no handicap parking,
and no signs. Chief Barlow stated that be received a telephone call from
Councilman Vincenzi in reference to the same compliant and those have been
forwarded to the Planning Department. Chief Barlow stated there are certain
stipulations regarding the ADA regulations that relates to businesses; there has
been extensive research done on this matter by our Planning Chief, Darren Lear
who can answer any questions and would gladly assist you
CODE COMPLIANCE REPORT:
Chief Barlow discussed with the Board a letter written by Mr. Hooper. Chief
Barlow states that it is a great compliment to the Code Board and Code Staff.
Chief Barlow asked the Board to discuss dates and time for the Code Board
meetings. The Board had a brief discussion on the dates and time for the Code
Board meeting, which resulted in remaining on the third Thursday of each month
at 5:30 pm.
PUBLIC COMMENTS:
None.
ADJOURNMENT
Chairperson Johnson adjourned the meeting at 745 pm.
Next Meeting will be held on March 18, 2004 at 5:30 pm.
Minutes respectfully submitted by,
Shontella Jackson, Board Coordinator