08-17-2006 CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
Thursday, August 17, 2006
2:00 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER
Chairperson Linda Johnson called the regular meeting of the Citizen Code
Enforcement Board to order at 2:02 PM in the Community Center.
ROLL CALL
Members present: Linda Johnson, Ed Corn, Ben Delnigro, Ben Wagner, Glenn
Barnhill and Jean Kayat. Also present were Code Officer Mike McGrath, Code
Officer Robin Bell and Code Supervisor Angela DeSue, Attorney Ty Harris and
Board Secretary Shontella Jackson.
Absent were: Gene Mirabella. Mr. Mirabella phoned at 1:55 pm stating he was
unable to attend.
APPROVAL OF MINUTES
The Minutes for the regular meeting of June 15, 2006 were presented to the
Board for approval. MOTION by Ed Corn, SECOND by Ben Wagner to
adopt the minutes of Regular Citizen Code Enforcement Board on June
15, 2006 as written, MOTION CARRIED UNANIMOUSLY,
SWEARING IN OF WITNESSES:
Code Officer Robin Bell, Code Officer Mike McGrath, Code Supervisor Angela
DeSue, Tracy Card of 3035 Orange Tree Dr., Edgewater, FL; Diane Wilson,
Project Recovery Case Management Specialist and Nancy French, Project
Recovery Case Management Specialist of Volusia Interfaith/Agencies Networking
in Disaster (VIND), John Buczek of 208 Cherrywood Lane; Edgewater, FL and
Russ Fischer of 206 Cherrywood Lane; Edgewater, FL.
City of Edgewater
Code Enforcement Board Minutes
August 17,2006
Page 1 of 1
CASES IN COMPLIANCE:
None.
NEW BUSINESS:
Case #2006-CE-6035, 1903 Mango Tree Dr., Edgewater, Florida; Thomas
Belmonte Jr. Violation of Section 21-34.06 — Watercraft trailers & etc.
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff's recommendation to find Thomas Belmonte
Jr. in violation of Section 21-34.06 of the Land Development Code accessing a
citation fine of $53.00 and for a lien to be placed on the property if not satisfied
by August 21, 2006. No witness was present for this case. The Board had a
brief discussion. MOTION by Ben Wagner, SECOND by Ed Corn that the
Board finds Thomas Belmonte Jr. in violation of Section 21-34.06 of the
Land Development Code assessing the $53.00 citation fine and for a
lien to be placed on the property if not satisfied by August 21, 2006.
MOTION CARRIED UNANIMOUSLY.
Case #2006-CE-4014, 2518 Evergreen Dr., Edgewater, Florida; Erik J. Amalfitano
&Tiffany Hollister Jtrs. Violation of Section 7-325 — Enclosures.
Code Officer Robin Bell presented the case summary to the Board. Code Officer
Robin Bell presented staff's recommendation to find Erik J. Amalfitano &Tiffany
Hollister Jtrs. in violation of Section 7-325 of the City of Edgewater Code of
Ordinances accessing a citation fine of $53.00 and for a lien to be placed on the
property if not satisfied by August 21, 2006. No witness was present for this
case. The Board had a brief discussion. MOTION by Ed Corn, SECOND by
Ben Delnigro that the Board finds Erik J. Amalfitano &Tiffany Hollister
3trs. in violation of Section 7-325 of the City of Edgewater Code of
Ordinances assessing the $53.00 citation fine and for a lien to be
placed on the property if not satisfied by August 21, 2006. NOTION
CARRIED UNANIMOUSLY,
Case #2006-CE-7040 (Repeat Violator) 208 Cherrywood Lane, Edgewater,
Florida; Dorothy Duke (Buczek). Violation of Section 21-56.03 (b) — Property
Maintenance.
Code Officer Mike McGrath presented the case summary to the Board. Code
Officer Mike McGrath presented staff's recommendation to find Dorothy Duke
(Buczek) in violation of Section 21-56.03 (b) of the Land Development Code
accessing a citation fine of $150.00 and for a lien to be placed on the property if
not satisfied by August 21, 2006. It is also recommended that the Board issue a
Board Order requesting the City Manager approve the cutting of the grass by
City of Edgewater
Code Enforcement Board Minutes
August 17,2006
Page 2 of 2
City Staff if the violation is not corrected by August 21, 2006 and that a lien is
placed on the property. John Buczek was present and testified. Mr. Buczek
stated that he cut and clean most of the yard but did not complete the yard due
to the weather. Mr. Buczek stated that he cut all of the yard except for a section
which is approximately 8x12. Mr. Buczek stated that he would take care of the
yard and complete cutting the grass. Mr. Buczek stated that this is all occurring
because of the hurricanes in 2004 and we are not back in the house. Russ
Fischer was present and testified. Mr. Fischer stated that he lives across the
street from this home and has complained about the property several times.
Chairwoman Linda Johnson closed the public hearing. The Board had a brief
discussion. MOTION by Ben Wagner, SECOND by Ben Delnigro that the
Board finds Dorothy Duke (Buczek) in violation of Section 21-56.03 (b)
of the Land Development Code assessing the $150.00 citation fine and
for a lien to be placed on the property if not satisfied by August 21,
2006.,MOTION CARRIED UNANIMOUSLY,
The Board agreed to amendment the agenda by moving agenda item "bylaw
changes for Chair and Vice Chair"to follow old business. The Board members
had no objections to the agenda amendment.
CONTINUED CASES:
Case #2006-CE-11074 (A), 3035 Orange Tree Dr., Edgewater, Florida; Barry D.
Daniels II &Tracy L. Card. Violation of Section 21-34.06 — Motor home/trailers.
Code Supervisor Angela DeSue presented the case summary with background
updates to the Board. Code Supervisor Angela DeSue presented staff's
recommendation to assess a fine of$50.00 per day for each day the recreational
vehicle/trailers and camper violation continues to exist past August 18, 2006 and
for a lien to be placed on the property if the violation and fine is not satisfied by
August 21, 2006. Attorney James Birch was present and spoke in behalf of
Tracy Card. Mr. Birch stated that Ms. Card has a contract for sale on her home.
Mr. Birch stated that Ms. Card has secured a lease on a new home. Ms. Card will
be out of the trailer by August 29th. FEMA has sent Ms. Card a letter stating that
she will have to be out of the trailer by September 26, 2006. The letter dated
July 25, 2006 from FEMA was entered as Exhibit 1. Tracy Card testified that the
July 25th letter from FEMA was presented to her by a man named Gary. Ms.
Card stated that she signed the original on August 10, 2006 and Gary took the
original letter with him. A copy of the contract for the sell of Tracy Card's home
was entered as Exhibit 2. Mr. Birch stated that Ms. Card would be out of the
trailer by August 29th and is unsure when FEMA will pick up the trailer. Code
Supervisor Angela DeSue advised the Board that the $53.00 citation fee was
supposed to be paid by the June meeting and Ms. Card has not paid the citation.
City of Edgewater
Code Enforcement Board Minutes
August 17,2006
Page 3 of 3
Mr. Birch stated that Ms. Card was unaware that she needed to pay the citation
by the June meeting but she will pay the fine immediately after the meeting.
Chairwoman Linda Johnson closed the public hearing. The Board discussed the
case. Chairwoman Linda Johnson called for a brief five minute recess at 3:00
pm. The Board was called back to order by Chairwoman Linda Johnson at 3:08
pm.
MOTION by Ben Wagner, SECOND by Ed Corn that the Board assess a
fine of $50.00 per day for each day anyone resides in the trailer after
August 29, 2006; the fine would be assessed on August 30, 2006. Also
for a lien to be placed on the property if the violation and fines are not
satisfied by September 7, 2006. The citation fine of $53.00 has to be
paid by 5 pm today (August 17, 2006). MOTION CARRIED
UNIAMIOUSLY,
Case #2006-CE-11074 (B), 3035 Orange Tree Dr., Edgewater, Florida; Barry D.
Daniels II &Tracy L. Card. Violation of Section 21-33.05 — Uses and restrictions
of the Land Development Code.
Code Supervisor Angela DeSue presented the case summary with history and
background updates to the Board. Code Supervisor Angela DeSue presented
staff's recommendation that the Board finds Barry Daniels II and Tracy Card in
violation of Section 21-33.05 of the Land Development Code assessing a citation
fine of $53.00 and an additional fine of$50.00 per day for each day the uses and
restrictions violation exist past August 18, 2006. Also for a lien to be placed on
the property if the violation and fine are not satisfied by August 21, 2006.
Attorney James Birch stated that this is the same violation and action as the
previous case. Chairwoman Linda Johnson closed the public hearing. Mr. Harris
explained the difference between both cases to the Board. The Board had a
brief discussion. MOTION by Ed Corn, SECOND by Jean Kayat that the
Board dismiss Case #2006-CE-11074 (B). MOTION CARRIED 4-2,
OLD BUSINESS:
Bylaw changes
Chairwoman Johnson stated that the bylaw change is only for the month which
the election of Chair and Vice Chair is held. The Board reviewed and discussed
the change. MOTION by Ed Corn, SECOND by Glenn Barnhill to accept
the bylaw change of the election month from June to September.
MOTION CARRIED UNIAMIOUSLY,
Mr. Delnigro requested for the Board to postpone the September election due to
he would be absent.
City of Edgewater
Code Enforcement Board Minutes
August 17,2006
Page 4 of 4
CODE COMPLIANCE REPORT:
Code Supervisor Angela DeSue advised the Board that next month she would like
to have a discussion on code of ethics depending upon the case load. Mr. Harris
would brief the Board on the code of ethics.
PUBLIC COMMENT:
None.
BOARD DISCUSSION:
None.
ADJOURNMENT
Chairperson Linda Johnson adjourned the meeting at 3:45 pm.
Next Meeting scheduled for September 21, 2006 at 2 p.m.
Minutes respectfully submitted by,
Shontella Jackson, Board Coordinator
City of Edgewater
Code Enforcement Board Minutes
August 17,2006
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