09-06-94~ f
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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.
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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
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