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09-06-94~ f 1 CITY OF ATLANTIC BEACH CODE ENFORCEMENT DOARD AGENDA 7:30 P. M., SEPTEMBER 6, 1994 Call to order Pledge to the Flaq Roll Call 1. Approval of the minutes of the meeting of July 5, 1994 2. Recognition of Visitors and Guests regarding any matters that are not listed on agenda. 3. Old Business: The following information contains reports of compliance relative to old business of the Board. If a Board member has questions or would like further information regarding any of ttte reports the Code Enforcement Officer will be 1taPPY to respond to questions at the meeting. Case No. 0073 - Hartson G. }lector - owner of property located at 387 Skate Road, in violation of Section 24-157 - front gate over four (4) feet high; side yard fence (set back) over four (4) feet high. (The Board gave Mr. }lector until August 1, 1994 to bring the fence into compliance or a fine of $25.00 per day would begin and continue until the property was brought into compliance). Property was in compliance prior to August 1, 1994. Case No. 0079 - William J. Dorsey -owner of property located at 2313 Beachcomber Trail, in violation of Section 24-164(3), Fences required around swimming pools. (The Board voted t}te property should be brought into compliance by July 15, 1994 or a fine of $25.00 would begin acrd continue until the property was brought into compliance). Pronerty was in compliance prior to July 15, 1994. Case No. 0075 - Edward Long - owner of property located at 363 Skate Road, in violation of Section 21-24, abandoned vehicle (unregistered) and Section 12-1-3,1tigh weeds and grass. (Althouq}t the city's notice was not delivered, the property was in compliance and the Board took no action but whether or not to pursue t}te matter was left up to the Code Enforcement Officer) Property in compliance and no action recommended. Report from Don Ford relative to the requirement of having fences round cools The Board at its meeting of July 5, 1994 asked Don Ford to suggest a method of indicating on the city's permit that it is a requirement that all pools are surrounded by a fence. . _... (~ 4. Status of Lien Activity Case No. 0034 - Richard A. Brown - owner of property located at 818 Cavalla Road. The board at its meeting of July 5, 1994 voted to deny the request of Richard A. Brown to remove a lien of $500.00 against the property. The Code Enforcement Officer will give a report concerning the status of the lien activity. 5. New Business Case No. 0076 - Bill Knight - renter of property located at 945 Plaza Drive, in violation of Section: 12-1-7 - OUTSIDE STORAGE; LAWN MOWERS AND MISCELLANEOUS ITEPiS (2ND WARNING); ABANDONED UNREGISTERED PICKUP TRUCK IN REAR YARD (2ND WARNING); 19-1 - (OBSTRUCTING RIGIIT-OF-WAY) - FENCE ALONG CURB LINE OF CITY RIGHT- OF-WAY. (The owner of the property, William Nicol, has been subpoened to appear before the Board). 6. Request for lien action It is requested the Board vote to place liens for weed abatement and associated administrative and advertisement expenses on the following properties: Amount of Lien Description of Prooertv 465.00 Lot 5, Block 17, Royal Palms Unit 2A, 451 Sargo Rd., owned by John Lee 627.50 Lot 260, Saltair Section 2, 380 Seminole Rd., owned by Marie Skaza or Kurt Schuldt 720.00 Vacant Lot 100 ft east of Mayport Road on Ardella, aJk/a Park Govt Lot 3, Recd. in DB 1062, page 228, owned by Tommy C. Curry 7. Board Members Comments 8. Adjournment CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P. M. SEPTEMBER 6, 1994 CALL TO ORDER: Present: Edward Martin, Chairman Barbara Bonner Heywood Dowling, Jr. Theo K. Mitchelson Kathleen Russell Lou Etta Waters Absent: John Venn (Excused) And: Suzanne Gzeen, Prosecuting Attorney Alan Jensen Legal Counsel to Board Don Ford, Building Official Karl Gunewald, Code Enf. Officer Trudy Lopanik, Secretary 1. Approval of Minutes of July S, 1994. Ed Martin, Chairman, explained John Venn would like to continue to serve on the Board but that because of his work schedule he would not be able to attend the next two meetings. Mr. Martin felt that Mr. Venn should be excused from the next two meetings and the Board concurred. I[ was felt if Mr. Venn was not able to attend meetings after the next two meetings, the natter would have to be addressed further. 1. Approval of the minutes of the meeting of July 5, 1994 A motion was made, seconded, and passed to approve the minutes of the meeting of July 5, 1994. 3. Old Business: Mr. Martin brlefly discussed the following cases which were in compliance: Hartson G. Hector, William J. Dorsey, and Edward Long. The Board accepted the findings of Karl Grunewald that the cases were in compliance. of having, fences around Don Ford, Building Official, explained he had researched whether oz not to place language on pool permits indicating that the code required fencing was required around pools. He felt it would not be practical to place this language on the permit. He explained there were seven codes that the Building Department dealt with and that a precedent would be set if the department placed a certain code on a permit. He indicated if all the items of the code were placed on permit applications the applications would be LO to 15 pages long. Under discussion, it was felt a properly conducted inspection would control the situation. Mr. Ford explained there had only been three instances during the past eight years where pools were not fenced in. Theo Mitchelson felt that plans for both the pool and fence should be Code Enforcement Board Meeting September 6, 1994 Page 2 approved at the same time. Mr. Ford indicated the Building Department would be more aware of the situation and he explained 90 percent of contractors were aware of the city ordinance. 4. Status of Lien Activity Case No. 0034 -Richard A. Brown - Karl Grunewald indicated Mr. Brown had written a letter to Kim Leinbach, City Manager, asking that a fine of $500.00 against his property at 818 Cavalln Road be withdrawn. Mr. Leinbach responded to Mr. Brown via letter and attached a chronology of events that led up to the fining of the property. Mr. Leinbach indicated that he and the Code Enforcement Inspector would meet with Mr. Brown, but thus far a meeting had not occurred. Mr. Martin indicated that his name was not included in the letter to attend the proposed meeting. Mr. Grunewald responded that Mr. Leinbach had sent a copy of the letter to Mr. Martin and that it was Mr. Leinbach's intention to include Mr. Martin in the meeting. It was felt by the board that Mr. Brown could have been fined $2,700 for the violation that occurred on his property, but the Board voted to fine him only $500.00. IC was explained the only avenue that Mr. Brown had to appeal the fine was the court. Mr. Martin felt Mr. Leinbach was affording Mr. Brown a meeting as a _ courtesy, only, and that any other citizen would have been afforded the same courtesy. When asked why Mr. Brown asked to have a meeting with the city, it was explained perhaps Mr. Brown thought he could appeal to the City Manager or the City Commission. Alan Jensen explained he discussed the matter with Mr. Leinbach and the invitation to have a meeting was afforded Mr. Brown as a courtesy, the same as any other citizen, and that Mr. Leinbach understood that there was no appeal other than the court. Mr. Jensen added it was Mr. Leinbach's intention to have Code Enforcement Board members attend the meeting. 5. Nev Business: Case No. 0076 - Bill Knight - renter of property located at 945 Plaza Drive, in violation of Section: 12-1-7 - Outside Storage; Lawn Mowers and Miscellaneous Items (2nd Warning); Abandoned Unregistered Pickup Truck in Rear Year (2nd Warning); 19-1 (Obstructing Right-of-Way) - Fence Along Curb Line of City Right-of-Way. (Owner of the property, William Nicol, has been subpoenaed to appear before the Board). Mr. Martin read the case hearing procedure and all witnesses were sworn in. Suzanne Green reported this was a violation of sections 12-1-7 and 19-1 of the code, the owner and the tenant were cited, and that the majority of the violations had been brought into compliance as of today, September 6, 1994. Code Enforcement Board Meeting September 6, 1994 Page 3 Karl Grunewald gave a case history of the events that had transpired that led up to the violation. He indicated the items in violation had been removed, but a utility trailers remained in the corner of the yard. Mr. Grunewald reported although the property had been an eyesore, the property was now turned around and was pleasing to the eye. He recommended that no fine be levied. Bill Knight indicated he had removed all items but that he would need a little time to have the utility trailer taken away. Mr. Mitchelson indicated he had passed the property and that Mr. Knight was working the yard at 7:00 a, m. Sunday morning and that the property looked pleasing. Under discussion Mr. Knight felt it would take 10 days to have the trailer removed from the property. Kathleen Russell asked Janet Nicol, who represented her father, William Nicol, if Mr. Nichol kept up the property, to which Ms. Nichol indicated she was sure her father kept up the property but that she did not have detailed information to provide the board. Mr. Knight indicated Mr. Nichol fixed whatever had broken inside the house. Suzanne Green indicated the owner of the property was notified of the violations on two occasions and she suggested fining the owner and not the tenant. A motion vas made, seconded, and passed to find 945 Plaza Drive in violation of Sections 12-1-7 and 19-1 of the City Code . A motion vas made and seconded to give Bill Rnight 10 days to bring the property into compliance to the satisfaction of the Code Enforcement Inspector. Under discussion it was agreed the main goal of the board was to bring the property into compliance and it was felt if the property was not in compliance the owner of the property should be fined. A motion vas made, seconded, and passed to give Bill Knight 10 daga to bring the property into compliance to the satisfaction of the Code Enforcement Inspector. If the property is not brought into compliance within 10 days, the owner of the property, William Nicol, will be fined 525.00 per day beginning five days after the property is not in compliance and continuing each day until the property is brought into compliance to the satisfaction of the Code Enforcement Inspector. 6. Request for lien action Karl Grunewald requested that the board place liens on the following property. He indicated all liens had been published in the newspapers and he gave a brief summary of the history of each lien. Code Enforcement Board Meeting September 6, 1994 Page 4 A motion vas made, seconded, and passed to placed liens on the following properties: Lot S, Block 17, Royal Palms Unit ZA, John Lee - - - - -465.00 Lot 260 Saltair, Sec 2, Marie Skaza or Kurt Schuldt - - -627.50 Vacant Lot 100 ft east of Hayport Rd on Ardella, Tommy C. Curry-------------------720.00 There being no further business Chairman Martin adjourned the meeting at 8:45 p. m. Edward Martin Chairman Attest: ^ Trudy Lopanik t ~~