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01-19-2006 CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD Thursday, January 19, 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, Gene Mirabella, Glenn Barnhill, and Ben Wagner. Also present were Code Officer Robin Bell, Code Supervisor Angela DeSue, Code Officer Mike McGrath, Attorney Ty Harris and Board Secretary Shontella Jackson. Absent and excused was: Jean Kayat APPROVAL OF MINUTES The Minutes for the regular meeting of November 10, 2005 were presented to the Board for approval. MOTION by Ben Wagner, SECOND by Gene Mirabella to adopt the minutes of Regular Citizen Code Enforcement Board on November 10, 2005 as written, MOTION CARRIED 6-0, SWEARING IN OF WITNESSES: Code Officer Robin Bell, Code Officer Mike McGrath, and Code Supervisor Angela DeSue. NEW BUSINESS: Case #2005-CE-11051, 311 Joan St., Edgewater, Florida; Robert Cirillo & Betty Herbert. Violation of Section 21-56.03 (b) — Property maintenance. 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 Robert Cirillo & Betty Herbert in City of Edgewater Code Enforcement Board Minutes January 19,2006 Page 1 of 1 violation of Section 21-56.03 (b) of the City of Edgewater's Land Development Code access a citation fine of $53.00 and an additional fine of $50.00 per day for each day the violation exists past January 20, 2006. Also for a lien to be placed on the property if not satisfied by January 23, 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 January 23, 2006 and that a lien is placed on the property. No witness was present for this case. Chairwoman Johnson closed the public hearing. MOTION by Ed Corn, SECOND by Ben Wagner that the Board finds Robert Cirillo & Betty Herbert in violation of Section 21-56.03 (b) of the City of Edgewater Land Development Code assessing the $53.00 citation fine and an additional fine of $50 per day for each day the violation continues to exist past January 20, 2006. Also for a lien to be placed on the property if not satisfied by January 23, 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 January 23, 2006 and for a lien to be placed on the property, MOTION CARRIED UNANIMOUSLY. Case #2005-CE-10029, 3331 Silver Palm Dr., Edgewater, Florida; Richard F. Dietsch. Violation of Section 21-34.06 — Watercraft/trailers. Code Officer Robin Bell presented the case summary to the Board. Current photographs were provided for the Board's review. Additional photos were entered into the case by Code Officer Robin Bell. Code Officer Robin Bell presented staff's recommendation that the Board find Richard F. Dietsch in violation of Section 21-34.06 of the City of Edgewater's Code of Ordinances assessing a fine of $50.00 per day for each day the violation exists past January 20, 2006, and for a lien to be placed on the property if not satisfied by January 23, 2006. On December 8, 2005 Richard F. Dietsch paid the citation but the property is not in compliance. No witness was present for this case. The Board had a lengthy discussion. MOTION by Gene Mirabella, SECOND by Ed Corn that the Board finds Richard F. Dietsch in violation of Section 21-34.06 of the City of Edgewater Land Development Code and to continue any further action or liens until the next regularly scheduled meeting. MOTION CARRIED 4-2, 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 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 James & Celina Mitchell in repeat violation of Section 21-35.04 of the City of Edgewater's Land Development Code City of Edgewater Code Enforcement Board Minutes January 19,2006 Page 2 of 2 accessing a citation fine of $108.00 and an additional fine of $100.00 per day for each day the violation exists past January 20, 2006. Also for a lien to be placed on the property if not satisfied by January 23, 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 January 23, 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 James & Celina Mitchell as a repeat violation of Section 21-35.04 of the City of Edgewater Land Development Code assessing the $108.00 citation fine and an additional fine of$100 per day for each day the violation continues to exist past January 20, 2006. Also for a lien to be placed on the property if not satisfied by January 23, 2006 with a request to the City Manager for a recommendation to be made back to the Board for further action, MOTION CARRIED UNANIMOUSLY, OLD BUSINESS: Case #2005-CE-9037 (B) (Continued item), 208 Cherrywood Lane, Edgewater, FL; Dorothy Duke. Violation of Section 21-35.04 — Neglected premises Code Officer Mike McGrath presented a brief case summary to the Board. Officer McGrath stated that the property is currently in compliance as of November 17, 2005. A photograph was provided to the Board for their review showing the property in compliance. MOTION by Ed Corn, SECOND by Bert Delnigro that the Board accepts staff recommendation to abate the fines that were previously accessed, MOTION CARRIED UNANIMOUSLY, CODE COMPLIANCE REPORT: Code Supervisor Angela DeSue informed the Board that Code Enforcement is currently working cases of inoperable vehicles, Bike Week is coming up soon and Mr. Warnock case is still in progress. PUBLIC COMMENT: None. BOARD DISCUSSION: City of Edgewater Code Enforcement Board Minutes January 19,2006 Page 3 of 3 None. ADJOURNMENT Chairperson Linda Johnson adjourned the meeting at 2:58 pm. Next Meeting scheduled for February 16, 2006 at 2 p.m. Minutes respectfully submitted by, Shontella Jackson, Board Coordinator City of Edgewater Code Enforcement Board Minutes January 19,2006 Page 4 of 4