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02-16-2006 CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD Thursday, February 16, 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 2:06 PM in the Community Center. ROLL CALL Members present: Linda Johnson, Ed Corn, Ben Delnigro, Gene Mirabella, Glenn Barnhill, Jean Kayat and Ben Wagner. Also present were Code Officer Robin Bell, Code Supervisor Angela DeSue, Code Officer Mike McGrath, Attorney Ty Harris, City Manager, Mr. Hooper and Board Secretary Shontella Jackson. APPROVAL OF MINUTES The Minutes for the regular meeting of January 19, 2006 were presented to the Board for approval. MOTION by Ben Wagner, SECOND by Ed Corn to adopt the minutes of Regular Citizen Code Enforcement Board on January 19, 2006 as written, MOTION CARRIED 7-0, SWEARING IN OF WITNESSES: Code Officer Robin Bell, Code Officer Mike McGrath, Code Supervisor Angela DeSue and Ben Wagner. CASES IN COMPLIANCE: Code Supervisor Angela DeSue stated that the following cases are in compliance as of February 16, 2006: Case #2006-CE-1105, 1806 S. Ridgewood Ave., Edgewater, Florida; CVS — Edgewater Ridgewood. Violation of Section 21-46.02 (d) — Ground Signs and Case #2006-CE-1214, 1202 12th St., Edgewater, FL; Patricia Vaissiere. Violation of Section 21-34.04 — Inoperable vehicle. City of Edgewater Code Enforcement Board Minutes February 16,2006 Page 1 of 1 NEW BUSINESS: Case #2006-CE-1007, 931 New York St., Edgewater, Florida; Gregg Chouinard. Violation of Section 10-45 — Prohibited conditions. Code Officer Mike McGrath presented the case summary to the Board. Current photographs were provided for the Board's review. Code Officer Mike McGrath presented staff's recommendation to find Gregg Chouinard in violation of Section 10-45 of the City of Edgewater's Code of Ordinances accessing a citation fine of $53.00 and an additional fine of $100.00 per day for each day the prohibited conditions violation exists past February 17, 2006. Also for a lien to be placed on the property if not satisfied by February 20, 2006. It is also recommended that the Board issue a Board Order requesting the City Manager approve the correction of the violation by City Staff if the violation is not corrected by February 20, 2006 and that a lien is placed on the property. 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 Gregg Chouinard in violation of Section 10-45 of the City of Edgewater Code of Ordinances assessing the $53.00 citation fine and an additional fine of$100.00 per day for each day the violation continues to exist past February 17, 2006. Also for a lien to be placed on the property if not satisfied by February 20, 2006. The Board recommends a Board Order requesting the City Manager approve the correction of the violation by City Staff if the violation is not corrected by February 20, 2006 and for a lien to be placed on the property. NOTION CARRIED UNANIMOUSLY. CONTINUED CASES: Case #2005-CE-10029 (Continued item), 3331 Silver Palm Dr., Edgewater, FL; Richard F. Dietsch. Violation of Section 21-34.06 — Watercraft/trailers. Code Officer Robin Bell presented a brief case summary to the Board. Code Officer Bell stated that on January 19, 2006 the property was not in compliance and the Board decided to postpone staff recommendation/action requested for further attempts of possible removal of the watercraft. On February 16, 2006 negative results remain. Mr. Wagner gave a brief testimony. The Board discussed this case. Chairwoman Linda Johnson requested the City Manager expertise on the case to see if the City Staff could remove the boat from the property. Mr. Hooper advised the Board that the Public Works Department would look at the boat or contract the service out. The City will charge a hourly rate which will be accessed as a fine and a lien will be accessed against the property. City of Edgewater Code Enforcement Board Minutes February 16,2006 Page 2 of 2 MOTION by Gene Mirabella, SECOND by Ed Corn that the Board suspend any action against the property at this time. The Board requested a Board Order to the City Manager to determine which course of action will be needed to remove the watercraft from the property. Also provide a notice to the property owner reflecting within 30 days if the boat is still on the property, the City will take action to remove the boat to bring the property into compliance and the cost would contribute to a lien on the property, MOTION CARRIED 5-2, Case #2005-CE-12046, 2811 Royal Palm Dr., Edgewater, Florida; James & Celina Mitchell. Violation of Section 21-35.04 - Neglected premises (repeat violator). Code Officer Mike McGrath presented a brief case summary to the Board. Mr. Hooper stated that the Code Board can make recommendation for this to be released to the City Council on which course of action to take on this property. Mr. Hooper stated that he would place this item on the City Council agenda for the month of March. MOTION by Ben Wagner, SECOND by Ed Corn that the Board continue and find James & Celina Mitchell as a repeat violator of Section 21- 35.04 of the City of Edgewater Land Development Code pending action/results from City Council, MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: None. CODE COMPLIANCE REPORT: None. PUBLIC COMMENT: None. BOARD DISCUSSION: None. ADJOURNMENT Chairperson Linda Johnson adjourned the meeting at 2:47 pm. Next Meeting scheduled for March 16, 2006 at 2 p.m. Minutes respectfully submitted by, Shontella Jackson, Board Coordinator City of Edgewater Code Enforcement Board Minutes February 16,2006 Page 3 of 3