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05-05-92 v CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P.M. , MAY 5, 1992 CALL TO ORDER PLEDGE TO THE FLAG ROLL CALL 1. Approval of the minutes of the meeting of January 7, 1992. 2. Recognition of Visitors and Guests 3. Old Business: a. Case No. 0022 - Charles Watson, owner of property located at 210 Mayport Road, in violation of Section 103.2. 1. of the Standard Housing Code and 12-1(8 ) of the City Code, to report on his future plans for the buildings on the above referenced property. 4. New Business: a. Case No. 0014 - Joseph Nadeau, owner of property located at 105 West 6th Street, in violation of Section 21-24(b) of the City Code, 2nd violation for junk vehicles and debris. b. Case No. 0026 - John Shields, owner of property located at 405 Aquatic Drive, in violation of Section 24-17 of the City Code, for allowing more than two unrelated people to live in a single family unit. c. Case No. 0025 - Ira Bratcher, owner of property located at 60 West 10th Street, in violation of Section 12-1 of the City Code, for debris, high weeds and machinery parts. 5. Board Members Comments 6. Adjournment • MINUTES OF THE CODE ENFORCEMENT BOARD MEETING HELD AT THE ATLANTIC BEACH CITY HALL ON MAY 5, 1992 CALL TO ORDER Present: George Bull, Jr. Chairman Barbara Bonner Heywood Dowling, Jr. Edward Martin Herbert Moller John Venn Gene Montanye And: Suzanne Worrall Green, Prosecuting Attorney Alan Jensen, Legal Counsel to Board Don Ford, Code Enforcement Officer Trudy Lopanik, Secretary 1. Approval of Minutes of January 7, 1992. A motion was made, seconded, and passed to approve the minutes of the meeting of January 7, 1992. 2. Recognition of visitors and guests - Don Ford, Code Enforcement Inspector, introduced Suzanne Worrall Green, the ;:ity's new Prosecuting Attorney for the Code Enforcement Board, and Karl Grunewald, the new part-time Code Enforcement Inspector. George Bull referred to Case No. 0025, Ira Bratcher, owner of property located at 60 West 10th Street, in violation of Section 12-1 of the City Code, for debris, high weeds, and machinery parts. Mr. Bull read a letter that was hand delivered to the City Clerk's office from William G. Noe, Jr. , Attorney at Law, asking the Board to continue the hearing on Mr. Bratcher until the next meeting of the Code Enforcement Board. Mr. Noe is a partner of Paul Eakin, who represents Ira Bratcher. Mr. Bull reported Paul Eakin had called him earlier in the week indicating the need to postpone this case. It was agreed by everyone to postpone this case until the next meeting. 3. Old Business: a. Case no. 0022 - Charles Watson, owner of property located at 210 Mayport Road, in violation of Section 103.2.1. of the Standard Housing Code and 12-1 (8) of the City Code, to report on future plans for the buildings on the above referenced property. Don Ford reported the city cited Charles Watson originally on April 23, 1986 and the city has been communicating with Mr. Watson over the years concerning this property. Mr. Ford reported the property is still in poor condition. He stated Mr. Watson has boarded up the doors and replaced the fencing, and the property is safe. At this time Mr. Ford passed out pictures that were taken May 5, 1992, as well as pictures that were taken in the past. At the last meeting the Board instructed Mr. Watson to report concerning his plans Page 2 Code Enforcement Board Meeting May 5, 1992 for the property. Mr. Bull asked if condemnation proceedings had been started, to which Mr. Ford replied the first document in the condemnation procedure had been sent. Charles Watson reported he had hoped to be able to tell the Board the property had been sold, however, unfortunately the sale did not go through. He indicated he had cleared the property of debris, and installed a security system on the buildings. He explained he was not in a position financially to borrow money to renovate without a tenant or a buyer. He indicated he planned to contact a real estate firm as well as a sign company, and place this property on the market. He explained the property had nearly doubled in taxes and he presently had to pay almost $500 a month for taxes. A discussion ensued concerning a truck that is located on Mr. Watson's property and debris that is under the truck. Mr. Watson indicated the truck did not belong to him. Barbara Bonner stated this matter had been going on for six years and she indicated Mr. Watson was supposed to make decisions as to future plans for the buildings five years ago. Mr. Watson replied that from 1986 until the past year the property had been rented to a church thrift store. It was brought out that although the first letter from the city was sent to Mr. Watson on April 23, 1986, this matter did not come before the present board until November, 1991. City Attorney Alan Jensen stated the board can impose a fine pursuant to the previous orders that were issued by the Code Enforcement Board. Mr. Bull stated the board was dealing with two issues: ( 1 ) comdemning of a piece of property, and ( 2 ) cleaning and security the property in a suitable manner to keep people out. It was determined the issue the board was presently dealing with was securing the property, keeping it in repair, and keeping the debris off the property. Mr. Martin asked if the buildings were secured and cleaned up in a reasonable manner to satisfy Mr. Ford, to which Mr. Ford replied the buildings were not secured and cleaned up in a reasonable manner to satisfy the city. Mr. Watson indicated he would be happy to cooperate with the city. Mr. Bull replied there is more debris on the property and also an abandoned truck is on the property. Alan Jensen asked the board to examine the three previous orders that were signed November 5, 1991 (copies of orders are attached herewith) . He indicated the board made Findings of Fact and entered orders, and no new charges have been brought by the Code Enforcement Officer. He asked the board to look at the Findings of Fact on the three orders and to use this information to determine if Mr. Watson is in compliance with the prior orders. Mr. Bull stated Mr. Watson was in compliance at the last meeting of Page 3 Code Enforcment Board Meeting May 5, 1992 the board but now it had been brought out that Mr. Watson was no longer in compliance. Mr. Jensen stated one of the orders required Mr. Watson "within six weeks to notify the Code Enforcement Officer what action would be taken to bring the two ( 2 ) structures which are presently a safety hazard into compliance with a realistic schedule for the destruction or renovation of those two (2) structures. " Mr. Jensen indicated the Board can determine whether or not Mr. Watson had complied with that order. Mr. Jensen explained the order further read that if Mr. Watson did not comply within the time specified, he would be fined $50.00 per day. Mr. Jensen stated that fine had already been ordered by the Board, and he indicated the three orders from November were before the Board for consideration. Mr. Watson referred to the previous order and stated he secured the property within six weeks and he indicated he met with Mr. Ford and explained to Mr. Ford he thought the property would be sold. Mr. Watson stated it was his understanding the $50.00 fine was to be applied only if the property was not secured in a safe environment so that neighborhood children would not be able to enter the property. He stated he was under the impression the $50.00 fine was not contingent upon his having a detailed plan on what he intended to do with the property. There was some discussion concerning the intent of the $50.00 fine. Mr. Martin pointed out there were three separate orders and each order carried with it a $50.00 fine. George Bull referred to the first Finding of Fact and he indicated at the last meeting Mr. Ford found that the first Finding of Fact was complied with. Mr. Bull referred to the second Find of Fact and he indicated at the last meeting Mr. Ford found that the second Finding of Fact was complied with. Mr. Bull referred to the third Finding of Fact; Mr. Ford indicated the property had never been advertised for sale and no schedule for renovation was decided upon. Mr. Watson indicated he made an oral report to Mr. Ford indicating his plans to sell the property. Mr. Martin stated the Findings of Fact specifically stated he was required to come up with a realistic schedule for the destruction or renovation of two structures. Mr. Martin stated there was no evidence this requirement was met by Mr. Watson. It was determined Mr. Watson never advertised the property for sale to the public. It was determined if Mr. Watson was not in compliance with the third Formal Order, starting December 18, 1991 there had been a $50.00 fine which through today, May 5, 1992, would be 140 days or $7,000.00. Page 4 Code Enforcement Board Meeting May 5, 1992 A motion was made, seconded, and passed to instruct Mr. Watson to clean up the debris on the property, such cleaning up of the debris to be maintained thereafter, including having the truck hauled away, by Monday, May 11, 1992, or Mr. Watson would be fined $250.00 per day. A second motion was made, seconded, and passed, to forgive the previous fine levied by the Code Enforcement Board at its meeting of November 5, 1991, in the amount of $7,000.00. A fine of $5.00 per day shall be instituted beginning Monday, May 11, 1992, until Mr. Watson comes up with a plan to either remodel or remove the structures. 4. New Business Case No. 0014 - Joseph Nadeau, owner of property located at 105 West 6th Street, in violation of Section 21-24(b) of the City Code, 2nd violation for junk vehicles and debris. Vice-Chairman Edward Martin read the case hearing procedure and all witnesses were sworn in. Suzanne Green stated according to the minutes of the last board meeting the Board gave Mr. Nadeau three weeks to remove the cars and the remaining debris that needed to be removed. Ms. Green stated Mr. Ford had conducted a visual inspection of the property and although a fence had been erected, the gates were open which indicated a public view of debris that is still there, as well as numerous junk cars, and the property is unslightly. Don Ford reported on Tuesday, April 7, 1992, while in the Section H area of Atlantic Beach, he viewed 105 West 6th Street. He observed a gate open and saw a wrecked van. Mr. Ford passed out pictures to the Board indicating the the junk vehicle. He felt Mr. Nadeau is beginning to store junk vehicles once again on this property. Mr. Nadeau reported the van in question should have been removed last Saturday but the person that was to have hauled it off did not do so. He indicated the van would be gone very shortly. Mr. Bull asked Mr. Nadeau if he was storing junk vehicles, to which Mr. Nadeau replied he was planning to construct a trailer from the van; however, this did not work out. Mr. Nadeau indicated he would do whatever the board desired. Don Ford reported there were five gallon drums, and a high pile of wood on the property. Mr. Nadeau reported he used the word for his fireplace and most of the wood was gone. It was determined there was a blue Dodge van on the property. Mr. Nadeau indicated this was his van and he intended to drive it. It was determined it had not been licensed for a year. A discussion ensued concerning how long it would take Mr. Nadeau to get the debris cleaned up. Mr. Nadeau indicated he could not get the work done by Aonday, May 11, 1992. Mr. Bull reminded Mr. Nadeau it was his second Page 5 Code Enforcement Board Meeting May 5, 1992 appearance before the board. Mr. Ford recommended the board set a fine against Mr. Nadeau since it is the second violation, and give Mr. Nadeau a certain amount of days to clean up the property. A motion was made, seconded, and passed to fine Mr. Nadeau $100.00 because this is his second offense. Clean up and maintain property, to the satisfaction of the Code Enforcement Officer, before May 21, 1992. If the property is not cleaned up by May 21, 1992, there will be an additional fine of $250 per day. Case No. 0026 - John Shields, owner of property located at 405 Aquatic Drive, in violation of Section 24-17 of the City Code, for allowing more than two unrelated people to live in a single family unit. A this time George Morrison stepped forward. He explained he is an attorney representing Mr. Shields. He indicated he had talked to Mr. Jensen and Ms. Green. Mr. Morrison explained Mr. Sheilds assured him that he had corrected the situation and three unrelated people were no longer living at the residence. Mr. Morrison explained Ms. Green suggested Mr. Sheilds prepare and bring before the board a letter to that effect, said letter attached. Mr. Morrison asked the board to postpone the hearing so that the two tenants who live in the property can testify before the board that no one else lives in the property. It was determined Ms. Green accepted the affadavit from Mr. Shields but she subsequently learned that there was a witness who stated three people were living at the property as of May 5, 1992. Mr. Bull felt the matter should be postponed until the next meeting. It was decided to hear the testimony of the witness, however. Alan Jensen advised the board to accept the affadavit of Mr. Shields at face value. If Ms. Green or Mr. Ford are able to establish at a later date there were more than two unrelated people residing at the property, the board reserves the right to impose a fine effective May 5, 1992. In other words, if this affidavit is incorrect, the board can reserve the right to impose a fine. At this time Mr. Dowling read the case hearing procedure. George Morrison explained he represented John Shields. He explained Mr. Shields lived in Gainesville and 405 Aquatic Drive was rental property. This matter was initiated by Mr. Ford because the property was allegedly a nuisance, as there were more than two unrelated adults supposedly living at the property; this is a three bedroom, three bath house and has three parking spaces, he added. After the situation was explained to Mr. Shields he took 3teps to correct the violation and Mr. Shields assured Mr. Morrison Page 6 Code Enforcement Board Meeting May 5, 1992 there were only two persons living in the unit at the present time. At this time Ms. Casella, 399 Aquatic Drive, spoke. She indicated she had been a homeowner since 1987. She indicated Mr. Shields purchased the property in 1989 and since that time she had spoken to several of his tenants. She explained apparently the tenants were pilots who were in training periodically from six months to a year. She indicated there were over a dozen tenants who had lived at the property since 1989 . She indicated the residence was furnished. She indicated there was a problem of too many cars parked at the residence, and thus, the cars would drive over Ms. Casella' s property. The parking area, she explained, was not big enough for four cars, which was the amount that were parked at the residence. She indicated there were three people at the present time who lived at the residence. It was determined Ms. Casella lives next to Mr. Shields. She indicated to her knowledge none of the tenants were related. She indicated she noticed three tenants as of today' s date, May 5, 1992. Morrison proceeded to question Ms. Casella concerning her feelings toward tenants, and what had occurred since 1989 . Mr. Morrison asked Ms. Casella how many people were living in the house as of May 5, 1992, to which Ms. Casella replied three people. Mr. Morrison asked Ms. Casella how she knew three people were living in the house, to which she replied there were three cars parked at the residence and three different people drove the cars each morning, before she went to work. Ms. Green asked Mr. Ford when Mr. Shields was first cited, to which Mr. Ford replied 10/11/91. Mr. Ford stated he received a telephone call from Ms. Casella on 10/9/91. Her complaint stated there were several unrelated people living in the unit at 405 Aquatic Drive, and that the situation had been going on for at least two years, and that the tenants were there for short periods of time, usually six months, and another tenant would move in. Mr. Ford noted that on a visual inspection he noticed several cars in the drive way had out of state license plates. Mr. Ford indicated he left several notes on the door, however, no one returned his call. Mr. Ford indicated he never spoke directly to Mr. Shields. Mr. Morrison passed out a copy of Mr. Shield' s lease agreement which provided that there were three tenants originally who lived at the property. Mr. Morrison submitted a letter from Mr. Shields indicating one of the three tenants was no longer living at the property. Mr. Morrison indicated Mr. Shields asked him to contact George Worley and Alan Jensen to perhaps take steps to obtain a variance for use-by-exception to permit three unrelated adults to live at the property. In the event he cannot get a variance, Mr. Morrison added, Mr. Shields would not violate the code. • Page 7 :ode Enforcement Board Meeing May 5, 1992 A motion was made, seconded, and passed to send Mr. Sheids a copy of the proceedings of the meeting of the Code Enforcement Board along with a letter stating the city will be watching his property and if the Board finds he is not in compliance he will be fined immediately $250.00 per day until he is in compliance. Mr. Martin stated property at 463 Irex had three cars in the yard and two cars in the driveway and is in need of code enforcement action. Also, Mr. Martin complained concerning 416 Irex. Mr. Ford advised that there is a comittee to study Royal Palms problems and the area will be addressed in the near future. There being no further business the meeting adjourned at 9:30 p. m. GEORGE BULL ATTEST: TRUDY LOPANIK • • NOE. EAKIN & FOODY • ATTORNEYS AND COUNSELORS AT LAW % 599 ATLANTIC BOULEVARD SUITE 6 5 /� ATLANTIC BEACH,FLORIDA32233 057 172 WILLIAM G.NOE,JR. TELEPHONE 904/249-7241 PAUL M.EAKIN FAX NO.904/247-1552 ALAN MICHAEL FOODY' •F.&Cw Ears May 5, 1992 Mr. George Bull, Jr. , Chairman Code Enforcement Board, City of Atlantic Beach City Hall Atlantic Beach, Florida 32233 RE: Ira Bratcher 60 West 10th. Street Dear Mr. Bull: Please accept this as a formal request to continue the hearing on Mr. Bratcher until the next meeting of the Code Enforcement Board. Mr. Bratcher's attorney, Paul Eakin, is out of town this week and unable to attend the meeting set for 7:30 P.M. on May 5, 1992. I have spoken with Trudy Lopanik, who is confirmed with Don Ford that he has no objection to the continuance. Thank you for your cooperation in this matter. Very truly yours )1/ii././4/A; William G. Noe, Jr. WGNjr/glh • ,N::':"fit..•' tij�;E;.:� . CITY OF Ea - ea - *1 • 800 SEMINOLE ROAD # ATLANTIC BEACH,FLORIDA 32233-5445 TELEPHONE(904)247-5800 Midtb •, FAX(904)247-5805 November 6, 1991 Mr. Charles Watson 32 North Palm Valley Road Ponte Vedra Beach, FL 32082 Dear Mr. Watson: Enclosed herewith please find three (3) separate orders pertaining to the violations regarding your property located at 210 Mayport Road and adjacent property. This Order was established at the Code Enforcement Board meeting held on November 5, 1991. Should you have any questions please contact Dorothy Strain at 247- 5809 or Don Ford, Code Enforcement 6fficer at 247-5800. Si -rely 44 / i ;ter Georg- Bull, Chairman, Code Enforcement Board GB/dms Enclosures CERTIFIED MAIL P#751 731 123 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CASE NO. 0022 RE: VIOLATION OF SECTION 12-1 (8)0F THE ATLANTIC BEACH CITY CODE LEGAL DESCRIPTION: LOTS 1 TO 4, SECTION H ATLANTIC BEACH, BLOCK 27 LOTS 1 TO 3, SECTION H ATLANTIC BEACH, BLOCK 26 The Code Enforcement Board has heard testimony at the Code Enforcement Board hearing held the nth day of NnvPmhPr , 1991, and based on the evidence, the Code Enforcement Board enters the following FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER. FINDINGS OF FACT - - All debris and inoperable vehicles must be removed by November 16, 1991. CONCLUSIONS OF LAW There was competent, substantial evidence presented to support a finding of a violation of the Ordinance Code as charged. ORDER It is the Order of this Board that Charles Watson shall comply with Section 12-1 (8)of the Code of the City of Atlantic Beach by 11/6/91 . If Charles Watson does not comply within the time specified, he shall pay a fine of $ 50.00 per day for each day the violation continues to exist. If Charles Watsor oes not comply within the time specified, a certified copy of this Order, together with a Claim of Lien, shall be recorded in the public records of the Office of the Clerk of the Circuit Court in and for Duval County, and once recorded shall constitute a lien against the property upon which the violation exists, or if you do not own the land, upon any other real or personal property owned by you, pursuant to Chapter 162, Florida Statutes. Upon complying, Charles Watsonshall notify the Code Enforcement Officer who shall inspect the property and notify the Board of compliance. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. DONE AND ORDERED this 5thday of •ve •-r , 9 1. Aralitatiiii Chairm. , Co.: forcerent Board ATTEST: Secretary CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CASE NO. 0022 RE: VIOLATION OF SECTION 12-1 (8)0F THE ATLANTIC BEACH CITY CODE LEGAL DESCRIPTION: LOTS 1 TO 4, SECTION H ATLANTIC BEACH, BLOCK 27 LOTS 1 TO 3, SECTION H ATLANTIC BEACH, BLOCK 26 The Code Enforcement Board has heard testimony at the Code Enforcement Board hearing held the 5th day of November , 19_1 and based on the evidence, the Code Enforcement Board enters the following FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER. FINDINGS OF FACT - The property and buildings must be fenced in and secured to the approval of Don Ford, Code Enforcement Officer, within seven (7) days of this meeting. CONCLUSIONS OF LAW There was competent, substantial evidence presented to support a finding of a violation of the Ordinance Code as charged. ORDER It is the Order of this Board that Charles Watson shall comply with Section 12-1 (8) of the Code of the City of Atlantic Beach by 11 /12/91 • If Charles Watson does not comply within the time specified, he shall pay a fine of $ 50 . 00 per day for each day the violation continues to exist. If Charles Watsondoes not comply within the time specified, a certified copy of this Order, together with a Claim of Lien, shall be recorded in the public records of the Office of the Clerk of the Circuit Court in and for Duval County, and once recorded shall constitute a lien against the property upon which the violation exists, or if you do not own the land, upon any other real or personal property owned by you, pursuant to Chapter 162, Florida Statutes. Upon complying, Charles Watson shall notify the Code Enforcement Officer who shall inspect the property and notify the Board of compliance. Should a dispute arise concernin; compliance, either party may request a further hearing before the Board. DONE AND ORDERED this 5 thiay of h ovem o r , 1916 111911 tualialk° Chairman, :••e Enforcement Board ATTEST: / . 0 M • — Secretary CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CASE NO. 0022 RE: VIOLATION OF SECTION 103 2. 1 OF THE STANDARD HOUSING.-CODE LEGAL DESCRIPTION: LOTS 1 TO 4, SECTION H ATLANTIC BEACH, BLOCK 27 • LOTS 1 TO 3, SECTION H ATLANTIC BEACH, BLOCK 26 The Code Enforcement Board has heard testimony at the Code Enforcement Board hearing held the 5th day of November , 19 91 and based on the evidence, the Code Enforcement Board enters the following FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER. FINDINGS OF FACT -Within six weeks (by December 17 , 1991) the Code Enforcement Officer must be notified of what action will be taken to bring the two (2) structures which are presently a safety hazard into compliance with a realistic schedu for the destruction or renovation of these two(2) structures must also be included. CONCLUSIONS OF LAW There was competent, substantial evidence presented to support a finding_'of a violation of the Ordinance Code as charged. ORDER It is the Order of this Board that Charles Watson shall comply with Section 10 3.2 . 1 of the STANDARD HOUSING CODE by 12/17/91 • If Charles Watson does not comply within the time specified, he shall pay a fine of $ 50.00 per day for each day the violation continues to exist. If Charles Watson does not comply within the time specified, a certified copy of this Order, together-with a Claim of Lien, • shall be recorded in the public records of the Office of the Clerk of the Circuit Court in and for Duval County, and once recorded shall constitute a lien against the property upon which the violation exists, or if you do not own the land, upon any other real or personal property owned by you, pursuant to Chapter 162, Florida Statutes. Upon complying, Charles Watson shall notify the Code Enforcement Officer who shall inspect the property and notify the Board of compliance. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. DONE AND ORDERED this 5th day of ` emb 1 , Abbd tAtail Chairmr,, Code En-744111.11t Board ATTEST: cD/2-e174/7// 4(/ Secretary John Shields 1814 Holly Oaks Lake Rd E Jax, Fl 32225 Dear Sir, This is to certify that Susan Eanes no longer resides at 405 Aquatic Dr. , Atlantic Beach, Florida. She has not lived there for the majority of 1992. There are currently only the two remaining tennants on the lease still living within the home. Tha you, ' 6-e.A1LA--;ffia John Shields