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
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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