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09-19-85 v AMENDED AGENDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH September 19, 1985 1. CALL TO ORDER 2. PLEDGE TO FLAG 3. ROLL CALL 4. ' APPROVAL OF MINUTES OF JULY 11, 1985 5. RECOGNITION OF VISITORS AND GUESTS 6. UNFINISHED BUSINESS a. Action on Maurice McCoy - Case #0001 7. New Business a. Allen H. Glenn, 44 Sixth St. , Atlantic Beach Lots 5 & 6, Blk 20, Atlantic Beach - File #0004 b. Eugene J. Kawleski, 151 Seminole Rd. , Atlantic Beach Lot 631 Saltair Sub. , Atlantic Beach - File #0003 8. BOARD MEMBERS COMMENTS 9. ADJOURN 1 MINUTES OF THE MEETING OF THE CODE ENFORCEMENT BOARD HELD AT THE CITY HALL ON SEPTEBMER 19, 1985 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 Allen Salfer Jerome R. Stravye Fred Mills, Members Marjorie Dunson, absent and excused Alan Potter, absent and excused Willie E. Davis, absent and excused AND: Claude L. Mullis, Counsel to the Board Suzanne Bass, Prosecuting Attorney for the City Adelaide R. Tucker, Secretary Approval of Minutes of July 11, 1985 Mr. Mills moved to approve the minutes of July 11, 1985 as presented. The motion was seconded by Mr. Salfer and carried unanimously. Recognition of Visitors - There being no guests to be recognized and no one in the audience having anything to bring before the Board, not on the agenda, the Chairman continued with the meeting. Unfinished Business: State of Action on Maurice McCoy, Case #0001. The hearing began with an update on this case by Chief Royal, Code Enforcement Officer who stated that the considerable effort to comply, by Mrs. McCoy, would be shown on the Video tape taken this day, along with what seems to be partial compliance. The lawn had been mowed and the car in the driveway was gone and part of the building materials had been moved, but from one part of the property to another. This included the windows that were to be used on the structure that was still standing. Most of the debris has been cleaned up. The question to the Board was in making the decision as to whether Mrs. McCoy had or had not complied. Mr. Fred Mills moved that the Board find Mrs. McCoy in violation. For lack of a second, this motion died. After further deliberation, the Board, on a Motion by Mr. Bull, found Mrs. Maurice McCoy in non-compliance, but granted her an additional 30 (Thirty) days from this date to remove, install or properly store these windows out of sight. She will not _ BE FINED AT THIS TIME.Chief Royal was directed to notify Mrs. McCoy of this action, as neither she nor any representative of hers was present for this hearing. This concluded action on this case at this time. A recess was called and at 8:08 P.M. the Code Enforcement Board reconvened. New Business Hearing in the Case of Allen Glenn, 44 Sixth Street, Atlantic Beach, in violation of Section 12-1 (2, 3, & 7) of the Ordinance Code of the City of Atlantic Beach began with the notification that a court reporter was taking a record of this hearing by stenographic notes. The City was represented by Suzanne Bass, Prosecuting Attorney and the Respondent represented himself. Neither side wished to invoke the rule of exclusion of witnesses. All witnesses were duly sworn in and Chairman Bull stated that a written order of these findings will be sent to the Respondent within 5 (Five) days of this date. Code Enforcement Board • Meeting Sept. 19, 1985 Page 2 Chief Royal stated that the reason for the initial visit was because the City Manager, Mr. Fellows, had received a long distance telephone call from the owner of the property adjacent to that of Mr. Glenn, on March 11, 1985; asking that the City investigate the condition of said property. Upon investigation, Chief Royal found the following: the property was abounding in abandoned and used appliances, a pick up truck with the engine missing and with dead grass under it, several vehicles, considerable junk, used lumber with protruding nails, a roll of chain link fence, what seemed to be a useless refrigerator-freezer with the door on, appliances holding water and breeding mosquitos and a boat, upside down. Chief Royal found the property in violation of the City Code of Atlantic Beach, Section 12-1 (2, 3, & 7) . Chief Royal notified Mr. Glenn at the time of the violation and they both agreed on a 90 day period to dispose of the offensive materials. Mr. Glenn acknowledged that the property was in violation and that he was working on cleaning it up. He further stated that he operated a place of business known as ALLEN'S ALLEY in Jacksonville Beach, where he maintains and stores more of the same type of materials. He stores some of these it-en►s at his residence because he doesn't have enough room on the Jacksonville Beach property. Chief Royal then initiated a Notification of non-compliance and personally handed it to Mr. Glenn on July 16, 1985, granting him an additional 30 days (beyond the original 90 days). After THAT 30 day period was up, Chief Royal followed up the notification with another inspection, only to find not a great deal of change. This was in the middle of August, 1985. On September 4, 1985, Mr. Glenn was notified to be present this day for the Hearing before the Code Enforcement Board. The Prosecuting Attorney submitted as Exhibit #1 the receipt of notification to Mr. Glenn , dated July 16, 1985, stating that he was in violation of the City Code, and citing its Section and sub-sections as previously reported, and also granting him an additional 30 days. Exhibit #2 was submitted and identified as the receipt of Sept. 4, 1985, the notification of the Hearing taking place this date, September 19, 1985. Video tapes were viewed to further establish that as of this date, the premises in question were still in violation after 120 days. This tape was also submitted into evidence as Exhibit #3. After Mr. Glenn testified, it was established that what Chief Royal viewed as a possible compost site, turned out to be a camouflaged pile concealing 2 (two) wing tanks from an aircraft along with aricraft wings and engines. Mr. Pat Green was introduced as a witness for Mr. Glenn and Mr. Green stated that he had been helping Mr. Glenn clean up his property until a foot injury put him in an inactive position for the past few months, and that as soon as he recovers, he will again help Mr. Glenn get the property in compliance with the City Code. Mr. Glenn testified that he was trying to comply with the Code but could not do it alone and could not afford to hire help, but that he fully intends to continue his efforts toward compliance. After the Board deliberated, Mr. Salfer moved that Mr. Glenn be found in violation of Section 12-1 (2, 3, & 7) but be granted until November 14, 1985 to comply. If at that time he is found to be in violation, the Code Enforcement Board would then assess a daily fine. Mr. Glenn was encouraged to work closely with Chief Royal particularly if there are areas he is not clear about in regard to interpretation of the City Code as it applies to his property. Mr. Stravye seconded the motion, and said motion was carried unanimously. Hearing in the Case of Eugene Kawleski, 151 Seminole Road, Atlantic Beach in Violation of Section 12-1 (2, 3, & 7) of the Ordinance Code of the City of Atlantic Beach began with the notification that a court reporter was taking a record of this hearing by stenographic notes. The City was rep- resented by Suzanne Bass, Prosecuting Attorney and the Respondent, Mr. Kawleski represented himself. Chief Wayne Royal, Code Enforcement Board Officer was a witness for the City. Neither side wished to invoke the rule Code Enforcement Board • Meeting Sept. 19, 1985 Page 3 of exclusion of witnessess. All witnesses had been sworn in and m airman Bull stated that a written order of these findings would be sent to the Respondent within 5 (Five ) days of this date. Chief Royal reported that the original complaint was made by Col. Snodgrass, a neighbor, via a letter addressed to the City Manager and forwarded to Chief Royal for investigation. This letter was dated March 7, 1985 and on the ocassion of his initial visit, a couple of days later, he observed cans, garden utensils, abandoned vehicles, small engines, lawn mowers, bags of aluminum cans and a sizable assortment of myriad trash or treasures, so to speak. The lawn had not been maintained and at that time Mr. Kawleski was given a 15 (Fifteen) day period of time to dispose of the cans, vehicles, lawn mowers, bags etc. When he returned in 21-22 days, they again discussed the fact that his property was in violation and the only visible clean up was that some of the cans had been removed. There was a back and forth process of checking and reporting between Chief Royal and Mr. Kawleski until, on July 17, 1985, Mr. Kawleski received and signed for, the Notification in writing that he was indeed in violation of Section 12-1 sub-sections (2, 3, & 7) and given a 30 day extension of time to aid him in bringing the property into compliance. At the end of that time, upon further investigation, Chief Royal reported no substantial difference. The receipt of the July 17, 1985 notification was entered as the City's Exhibit #1. The next notice was of the Hearing this day Ond the receipt delivered September 5, 1985 was entered as Exhibit #2. Exhibit #3, Video Film taken this day, further proved that Mr. Kawleski's property is still in violation. Col. Snodgrass and Mr. Jim Windom, both witnesses for the City, stated that the conditions at Mr. Kawleski's address have been in the same state of non-compliance for many years and Col. Snodgrass stated that he had reported this condition many times over the years he has lived next door to Mr. Kawleski. The City, through its Attorney, Ms. Bass, asked that the Board find Mr. Kawleski in violation and urge that he clean up said property. Mr. Kawleski, in closing, asked the Board to please grant him more time. The Board, after serious deliveration, through a Motion by Mr. Stravye, found Mr. Kawleski in violation of Section 12-1 (2, 3, & 7) and granted him 90 (ninety) days to remove at least 50% of the existing Nuisances on his property. Chairman Bull requested that a film be taken in order to use it as a comparison for the next ime this Board meets, in January 1986 and requested that both witnesses, Col. Snodgrass and Mr. Windom please prepare to appear at that time. Mr. Salfer seconded the motion. The motion was called and received 3 ayes and 1 nay vote. Mr. Fred Mills being the only nay vote. The Case was contunued until January 1986, but closed at this time. Chairman Bull suggested that this Board hear only 1 (one) case at a time from onow on, to facilitate time. There being no further business before this Board, Chaim. Bull adjourned the meeting at 10:27 P.M. 411 11 • ATTEST: EORGE B 41, JR ' H•A•' Adelaide R. Tucker, Secretary