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03-10-88 v AGENDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH March 10, 1988 Call to Order Pledge to Flag Roll Call 1. Approval of Minutes of February 9, 1988 2. Recognition of Visitors and Guests 3. New Business A. Case #0007 - Ilustre C. Penaflor, 2127 Deer Run Trail Jacksonville, Florida, owner of property at Lot 11, Block 12, Pt of Royal Palms Unit 2A - 484 Whiting Lane Atlantic Beach in violation of the Code of Ordinances of the City of Atlantic Beach, Section 24-17. B. Case #0008 - John Quintus, 1615 Park Terrace East, Atlantic Beach, Florida 32233, Lot 1, Block 12, Pt. of Selva Marina Unit 7 in violation of the Code of Ordinances of the City of Atlantic Beach, Section 21-22. C. Case #0009 - Delinquent 1988 Occupational Licenses. 4. Board Members Comments 5. Adjournment MINUTES OF THE CODE ENFORCEMENT BOARD MEETING HELD AT CITY HALL ON MARCH 10, 1988 AT 7:30 P.M. CALL TO ORDER: The meeting was called to order by Chairman George Bull, Jr. , followed by the pledge to the flag. ROLL CALL: Present: George Bull, Jr. , Chairman Ron Della Porta Mattie Freeman Herbert Moller Allen R. Salfer Jerome R. Strayve, Members AND: Suzanne Bass, Prosecuting Attorney Claude L. Mullis, Counsel to the Board Adelaide R. Tucker, Secretary ABSENT: Fred Mill, Absent and excused due to illness 1 . Approval of Minutes of February 9, 1988 Mr. Strayve moved for approval of the minutes of February 8, 1988 as written. The motion was seconded by Mr . Salfer and carried unanimously. * * * * * * * * * * * * * * * * 2. Recognition of Visitors and Guests Chairman Bull welcomed Commissioner Glenn Edwards and City Manager Richard Fellows who were seated in the audience. Unfinished Business Chairman Bull advised the members the Board would be without council if the change of meeting dates remained on Tuesday as Mr. Mullis was committed to the City of Baldwin on the second and fourth Tuesdays. Mrs. Freeman moved to change the regular meeting date to the First ( 1st ) Tuesday in the odd month. The motion was seconded by Mr . Strayve and carried unanimously. Mr. Salfer moved to change the meeting date from once a quarter to once every four months. The motion was seconded by Mr. Della Porta and carried unanimously. Scheduled meetings for the balance of 1988 are: July 5, 1988, and November 1, 1988 . * * * * * * * * * * * * * * * * * Code Enforcement Board Meeting March 10, 1988 Page 2 3. New Business A. Case #0007 - Ilustre C. Penaflor, 2127 Deer Run Trail , Jacksonville, Florida, owner of property at Lot 11, Block 12, Pt. of Royal Palms Unit 2A - 484 Whiting Lane, Atlantic Beach, Florida in violation of the Code of Ordinances of the City of Atlantic Beach, Section 24-17 began with notification that a court reporter was taking a record of the hearing by stenographic notes. The City was represented by Suzanne Bass, Prosecuting Attorney and the Respondent represented himself in person. Mr. Frank Kerber, code Enforcement Officer was a witness for the City. All witnesses in the case were sworn in. Neither side wished to invoke the rule of exclusion of witnesses. Ms. Bass opened the hearing by stating that a complaint was filed by Mr. Jack Taylor against the owner of 484 Whiting Lane, Atlantic Beach. The allegation was more than two people whom were unrelated to each other were living at 484 Whiting Lane. Mr. Bull recognized Mr. Ilustra Penaflor and asked him if he had an opening statement he would like to make. Mr. Penaflor briefly stated he was the owner of 484 Whiting lane which was managed by Luz Zubala of Century 21 Real Estate. He stated he did not have knowledge of whom was living in the house at the time of the complaint. Ms. Bass called Mr. Jack Taylor to the stand. Mr. Taylor stated his address as 476 Whiting Lane, Atlantic Beach, next door to the house in question. Mr. Taylor told the Board he has lived in his home for over twenty ( 20 ) years and stated Mr . Penaflor had lived at 484 Whiting Lane during those twenty ( 20 ) years . When Mr. Penaflor decided to move and rent his home, Mr. Taylor asked Mr. Penaflor not to rent to single people. Mr. Taylor stated his wife saw Ms. Zubala showing the home to three ( 3 ) single men and informed Ms. Zubala it was a violation of the City Code to have more than 2 single people living in the home. He told the Board of the party on Halloween night that continued until 5:00 a.m. , disturbing the neighborhood. Mr. Taylor asked the Board to enforce the Code and make either one or two of the people move out and put a family in the home. Mr. Bull asked Mr. Penaflor if he had any questions of the witness . Mr. Penaflor stated he did not . Mr . Bull asked Mr . Taylor if the disruption had occurred often in the neighborhood. Mr. Taylor replied the disruption had occurred only once. Mr. Della Porta asked how Mr. Taylor knew there were three ( 3 ) men living in the home. Mr. Taylor replied he had done some checking at the base security. Mr. Taylor stated the tenants had been living in the house since September or October of 1987. Mr. Bull asked if the three gentlemen that lived in the house were at the hearing. The three gentlemen replied they were present. Mr. Bull asked them if they were related to each other and they stated they were not. There being no other questions directed at Mr. Taylor, he was excused by Ms. Bass. Code Enforcement Board Meeting March 10, 1988 Page 3 3A. Continued Ms. Bass called City Manager Richard Fellows to the witness stand. He stated he was acquainted with the property located at 484 Whitling Lane and the property was zoned Residential Single Family. Mr. Bull asked if Residential Single Family specified either a single family residential unit or not more than two people that was unrelated. Mr. Fellows replied yes, that was the definition of the Code. Mr. Fellows was excused at that time. Mr. Frank Kerber was called to the witness stand. He stated he was the Code Enforcement Officer for the City of Atlantic Beach. Ms. Bass asked him if he undertook an investigation based on a complaint by Mr. Taylor. He replied that on October 25, 1987 he received a complaint on the residence at 484 Whiting Lane on a housing Code violation. He stated he attempted to contact the residents at the address on 10/25 and 11/13, finally making contact on 11/14. He contacted one of the tenants at the address and gave him a copy of the Ordinance. He stated the tenant became irate with him and claimed the Ordinance was unconstitutional, retreated to the house and closed the door. Mr. Kerber than went next door to the Taylor' s residence and informed them he had made contact with the resident at 484 Whiting Lane. He also stated the Chief of Police was contacted about the party on October 31, 1988 . He claimed he also contacted the Mrs. Zubala and informed her of the Ordinance. She told him she would look into it and take action. Ms. Bass asked Mr. Kerber which tenant he had contacted on 11/14. He replied it was Mr. Dunn. Mr. Kerber stated in his conversation with Mr. Dunn,he did state there were more than two unrelated people living at the residence. Mr. Kerber told the Board he had never spoken with Mr. Penaflor, he said he had tried to reach him, but could not. There being no other questions, Ms. Bass excused Mr. Kerber. Ms. Bass called Lt. James Christman to the witness stand. Lt. Christman stated he was an officer with the Atlantic Beach Police Department. He told the Board Chief Thompson indicated to him there had been a problem between the Code Enforcement Officer and a gentlemen at 484 Whiting Lane. Lt. Christman stated he tried to make contact several times but was unable . He contacted all three gentlemen a week and a half later. He told the Board all three men stated they did live there. Mr. Penaflor was asked if he had any questions for Lt. Christman, and he replied he did not. Ms. Bass excused Lt. Christman. She then called Mr. William Conroy to the witness stand. Mr. Conroy stated his address as 484 Whiting Lane and he rented the home from Century 21 Realty. He informed the board that all three residents signed the lease, and all three were to live there. He explained that all utilities were in Sol Costin' s name only. He told of having no contact with Mr. Kerber but was present when Lt. Christman came to the home. Ms. Bass asked Mr. Conroy if he was related to Mr. Costin Code Enforcement Board Meeting March 10, 1988 Page 4 3A. Continued or Mr. Dunn. His answer was no. Mr. Conroy told the Board he did not know they were in violation of any Code when they moved in. He admitted to having a party October 31, 1987 and apologized for any problems they may have caused. He explained he and Mr. Costin were going through a divorce and this was the reason they all lived together. He asked the Board to issue a grace period giving them time to find another place to live. Chairman Bull called Ms. Luz Zubala to the witness stand. he asked her if she realized three separate people could not live in a single family dwelling. Ms. Zubala explained to the Board she worked for Century 21, she has been in the Real Estate business for three years, and she is a Property Manager. She stated she was a friend of Mr. Penaflors and he hired her to manage his home. She further stated she put a sign up in the yard and right away someone called to see the home. She explained they put a deposit on the home when she showed it to them. She realized there were three single men but did not realize they would be in violation of the Code. Mr . Penaflor was asked if he had questions of the witnesses . His answer was no . Ms . Zubala was excused. Ms. Bass asked Mr. Conroy if he had said everything he wanted to say to the Board. He again asked for a grace period to enable them to find another home. Ms Bass asked Mr. Costin or Mr. Dunn if they had any statements they would like to make. Both stated they were in agreement with all of Mr. Conroy' s statements. Ms. Bass told the Board she had some questions for Mr. Penaflor. She asked him if he was the owner of 484 Whiting Lane. He stated he was the owner. Ms. Bass asked Mr. Penaflor if he were aware there were three unrelated men living at the home on Whiting Lane. He stated he knew there were three men living there but did not know their relationship. Ms. Bass asked him if he understood the Code he was in violation of . He stated he did not understand it at first but understands it now. He further stated he would correct the violation. Chairman Bull asked Mr. Penaflor if he had any witnesses he would like to call to the stand. He answered he did not. Chairman Bull stated the Real Estate Company should have read the ordinance, as the tenants were new and did not know they were in violation of the code. Mr. Della Porta reminded the Board they have been in violation since October. Mr. Strayve moved to give the tenants until May 1, 1988 to move out of the premises stating that was fair to all parties involved. Mr. Salfer seconded the motion.During discussion before the vote, City Attorney Mullis advised the Board to direct the owner to have the premises vacated by May 1, 1988. If, after that time, he is still in violation, a find would be imposed. The question was called and the motion carried 5 to 1 with Mr. Della Porta voting nay. * * * * * * * **—* * * * * * Code Enforcement Board Meeting March 10, 1988 Page 5 3. Continued B. Case #0008 - John Quintus, 1615 Park Terrace East, Atlantic Beach, Florida 32233 , Lot 1 , Block 12 , Pt . of Selva Marina Unit 7 in violation of the Code of Ordinances of the City of Atlantic Beach, Section 21-22 began with the notification that a court reporter was taking a record of the hearing by stenographic notes. The City was represented by Suzanne Bass, Prosecuting Attorney. Mr. Quintus was not present but was represented by Attorney Alan Foody. All had been sworn in by Chairman Bull. Neither side wished to invoke the rule of exclusion of witnesses. Ms. Bass pointed out to the Board that Mr. Quintus was not at the hearing but was represented by his attorney, Alan Foody. She also stated that Mr. Quintus ' son and wife were present. Mr. Foody stated he had no knowledge of Mr. Quintus being subpoenaed but he did have knowledge of the hearing. She told the Board Mr. Quintus resides at 1615 Park Terrace East and makes his living by driving a truck. Ms. Bass stated the Board would hear from a number of neighbors who object to the truck sitting in the neighborhood. She also stated the Board would hear from City Manager, Richard Fellows, who corresponded twice with Mr. Quintus. Mr. Foody opened stating his client did not want to waste the Boards time, they wanted to get the matter over with. Mr. Foody offered as exhibit number 1, a picture of the said truck. He also offered as exhibit number 2, a Florida Apportioned Registration Cab Card stating the tonnage as below the 18, 500 pound limit. He than entered exhibit number 3, a letter dated January 14, 1988 from Mr. Fellows to Mr. Quintus stating there were no problem parking his truck at his residence. He than entered exhibit number 4, another letter from Mr. Fellows to Mr. Quintus stating he misinterpreted the Ordinance and he must make alternative arrangements in parking the vehicle. After a long opening statement, Ms . Bass objected to Mr . Foody ' s opening statement saying it was more of a closing argument than a opening statement . Mr. Foody stated his opening statement as being an attempt to lay a framework with which the Board can interpret what they were hearing. Mr. Bull asked him to keep his opening statement as brief as possible. Ms. Bass called Mrs. Rebecca A. Pearson. Mrs. Pearson stated her address as 1621 Sea Oats Drive, next door to the Quintus ' home. She told the Board she had lived on Sea Oats for three years. Ms. Bass asked Mrs. Pearson what her objections were to the tractor parked at 1650 Park Terrace East. She stated her objection was it detracted from the character of the neighborhood . She further stated the Code Enforcement Board Meeting, March 10, 1988 Page 6 3B. Continued tractor was strictly used for commercial use, the tractor is not used for personal use. Mrs. Pearson told the Board the tractor can be seen from many directions due to the fact that the Quintus live on a corner lot. Ms. Bass asked Mrs. Pearson if her neighbors shared in her opinion. Mrs. Pearson answered they did. She stated the tractor was parked at 1650 Park Terrace East approximately 10 to 12 days a month. Ms. Bass asked Mrs. Pearson what she wanted the Board to do about the tractor. She replied to ask Mr . Quintus to find alternative parking. Ms. Bass stated she had no more questions for Mrs. Pearson. Mr. Foody asked Mrs. Pearson if she had ever had an opportunity to read Section 21-22. She replied she had read the section. He asked her if when she read the section she found that Mr. Quintus complied with it. At this time, Ms. Bass make an objection stating Mr. Foody was asking the witness to make a legal conclusion on a code, and Mrs. Pearson was called to testify about observations not legal conclusions. Mr. Foody reworded his question to Mrs. Pearson asking her if her interpretation that Mr. Quintus ' truck was not in compliance with the code section, why did she go to the City Commission to ask them to redraft their code section. Mrs. Pearson replied she felt it necessary to go before the Commission in order to have the truck removed. Mr. Foody offered as exhibit number 5, a letter from Mrs. Pearson to the City Commission. Board member Mattie Freeman asked Mrs . Pearson if there were any other reasons, other than the look of the truck, that she objected to the truck being parked at the residence in question. Mrs. Pearson replied it was both the look of the truck and the noise it makes coming and going. There being no other questions directed at Mrs. Person, she was excused by Ms. Bass. Ms. Bass called Mr. Raymond D. Salman to the stand. Mr. Salman was sworn in by Chairman Bull. He stated his address as 1633 Park Terrace East, several houses northeast and across the street from the Quintus ' home. He stated just after Christmas, a group of his neighbors suggested a neighborhood petition be drawn up and brought before the City Commission. Mr. Salman told his neighbors he thought a petition was not appropriate, and suggested they advise someone at City Hall the feeling of the neighborhood. He stated he would go to City Hall and talk to the City Manager, tell him the situation and ask him if he would talk to Mr. Quintus. He told of his wife' s near accident while going around the corner near the Quintus ' home. He believes the distraction of the truck in the driveway was a traffic hazard . He also stated the truck causes a visual change in the neighborhood. Ms. Bass asked Mr. Salman what he wanted the Board to Code Enforcement Board Meeting March 10, 1988 Page 7 3B. Continued do in reference to Mr. Quintus parking his truck in his driveway. Mr. Salman stated he would ask the Board to enforce the existing Ordinance. Mr. Foody raised an objection to all of Mr. Salman' s testimony based on relevance and asked the Board that all of his testimony be stricken. Ms. Bass stated Mr. Bull announced earlier in the hearing that it was informal and we' re not bound by the rules of evidence and hearsay was admitted, and she felt his objection was out of order. Mr. Bull agreed with Ms. Bass and asked Mr. Foody if he had any more questions of Mr. Salman. There being no other questions for Mr. Salman, he was excused by Ms. Bass. At this time, several of the neighbors in the audience agreed with the testimony of both Mr. Salman and Mrs. Pearson. Also present was Steve Hollworth, 1650 Park Terrace East, a neighbor of Mr. Quintus ' who did not object to his truck being parked at 1615 Park Terrace East. He stated that not all of the neighbors object to the truck. Ms. Bass called Mr. Richard Fellows to the stand. Ms. Bass asked Mr. Fellows about the letters which were written to Mr. Quintus. Mr. Fellows stated originally the complaint went to the Police Department, they investigated, and informed Mr . Fellows they all agreed that Mr. Quintus was not in violation. He told the Board the part of the Ordinance that was being discussed was not the section of the Ordinance on which they made their decision that Mr. Quintus was in compliance. He stated the Code they were looking at was in the Zoning Ordinance, Chapter 24, which has some similar wording about component parts . Mr. Fellows stated after determining that Mr . Quintus was in compliance with Chapter 24-163, a neighbor came to City Hall who was told Mr . Quintus was not in violation of the Ordinance, the neighbor felt the truck caused visual pollution in the neighborhood. He then wrote the first letter to Mr . Quintus welcoming him to Atlantic Beach and informed him the City had had some complaints from his neighbors concerning his truck. He than received a letter from Mrs. Pearson requesting the subject be put on the Agenda for the next City Commission meeting. Mr. Fellows stated at the City Commission meeting, the matter was discussed and the Commission considered the opinions given by the City Attorney and instructed him to notify Mr. Quintus he was in violation of Section 21-22. Mr. Foody asked Mr. Fellows if he had any evidence stating the truck exceeds the weight found in Section 21-22. Mr. Fellows stated the Police Department had determined through the Licensing Department of the State of Florida that the tractor weighted 18, 420 lbs and by contacting various companies in the business, they had determined, Code Enforcement Board Meeting, March 10, 1988 Page 8 3B. Continued that a trailer adds more than the necessary poundage to go over 18, 500 lbs. There being no other questions directed at Mr. Fellows, he was excused by Ms. Bass. Mr. Foody called Mr. Matthew Quintus to the stand. He stated he was the son of John Quintus, the owner of the truck. Mr. Quintus stated his father' s truck was parked 3 days a month in front of their home. He stated the truck was never dirty or noisy. He told the Board he is an Artist and will not follow in his father' s footsteps. Ms. Bass asked Mr. Quintus if he was sure the truck was parked for only 3 days a month. Mr. Quintus replied he never counted the days that the truck was there. Ms. Bass asked him if his father traveled cross country hauling his load. Mr . Quintus replied his father travels from Jacksonville to California hauling produce. Ms. Bass asked Mr. Quintus if his father puts a trailer behind the truck when he was hauling loads. Mr. Quintus replied he did but never in the neighborhood. Mr. Quintus stated he was not aware of what the Code states about trucks being parked in his neighborhood. There being no other questions directed at Mr. Quintus, he was excused by Mr. Bull. Ms. Bass asked Mr. Bull if she could speak to some of the neighbors whom where present at the hearing. She asked Mr. Salman concerning the number of days the truck had been seen parked at 1615 Park Terrace East, how many days he had seen the truck there. Mr. Salman stated three days was a very conservative estimate . He gave a listing of days they had seen the truck there starting with February 14, 26, 27, 28 and 29 of 1988. Mr. Foody stated he did not have any questions for Mr. Salman. Mr. Foody stated he had one more question for Mr. Quintus. He asked him if his father owned a trailer. Mr. Quintus replied his father had never owned a trailer. Closing Statements Ms. Bass stated the tractor Mr. Quintus parks in his driveway at 1615 Park Terrace East was a component part of a tractor-trailer. She pointed out the last sentence of Section 21-22 states component parts shall include the tractor unit or trailer unit of a tractor- trailer type truck. She stated everyone who had testified had been a representative of the neighborhood being a very neat, orderly, pleasant place. Ms. Bass said the tractor was indeed an eyesore, a noise factor and a safety hazard on at least two occasions. She noted the City Manager had told her of the newly completed parking area behind the new Public Safety Building as a alternative sight for parking the tractor. She stated she was asking the board to issue its ' ruling to the effect that Mr. Quintus ' truck is in violation of the Code and immediate measures should be taken. Code Enforcement Board Meeting, March 10, 1988 Page 9 Closing Statement Continued Mr. Foody opened his closing statement asking the Board if the City had made an offer to allow Mr. Quintus to park his vehicle in the newly completed parking lot. Mr. Mullis stated that it would be a matter the City Commission would have to decide upon. Mr. Foody noted Ms. Bass ' statement about the truck being an "eyesore" and the neighbors stating they did not like the truck being parked there. He stated it is not what people themselves feel should be the law, it ' s what the law says. He referred to the Section 21-22 in the Code which states " 18, 500 lbs gross vehicle weight or any combination thereof" . He stated that this statement allows for you to take into consideration a tractor and trailer or any component part thereof. Mr. Foody noted it envisions only a piece can be parked there. He claimed Mr. Quintus had never parked a component part thereof there, and there was no evidence he has ever done so. He stated the issue was what was in front of the house and did it comply with the plan reading of the Section. Mr. Foody closed stating from the information presented there was no information that anything parked in front of the house was in excess of the poundage. Chairman Bull asked the Members of the Board if they had any statements they wished to make. Mr. Della Porta stated he thought the Quintus ' were a very nice family and they moved to Selva Marina for the residential nature of the community. He noted what bothered him the most was the bad feelings the neighbors would have in the future. He further stated the truck was most definitely a component part and was in violation of the Section. All Members of the Board were in agreement with Mr. Della Portas ' statement. Chairman Bull asked Mr. Quintus if there were some months that possibly the tractor was there less than three days . Mr. Quintus replied there were some months the tractor was parked there only one hour. Mr. Bull stated if the truck were there less than three days a month, there would not be a hardship on the Quintus ' to find alternate parking areas . Mr . Bull said the issue was not whether it was parked three days or ten days, but whether it was a violation of the Ordinance. He thought the board was in agreement that it was a violation of the Ordinance. Mr. Della Porta moved that the mentioned vehicle was in violation of Section 21-22 of the Code of the City of Atlantic Beach, and gave them until May 1, 1988 to make alternate parking arrangements. The motion was seconded by Mrs. Freeman and carried unanimously. * ** * * * * * * * * * * * * * 3C. Case #0009-Delinquent 1988 Occupational Licenses. Mrs . Tucker noted all delinquent licenses were paid prior to the nights meeting. * * * * * * * * * * * * * * * * Code Enforcement Board Meeting, March 10, 1988 Page 10 4. Board Members Comments - none. * * * * * * * * * * * * * * * * 5. Adjournment There being no other business to come before the Board, Chairman Bull declared the meeting adjourned at 9 .30 p. m. 4 ,,, I4 - George Bu 1, Jr.-- Chairman/Presiding r.—Chairman/Presiding Officer ATTEST: A/014-)/1 Adelaide R. Tucker, Secretary By: Karen S. Moore