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