12-10-91 v CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD
AGENDA
SPECIAL MEETING
7:30 PM, DECEMBER 10, 1991
Call to order
Pledge to the Flag
Roll Call
1 . Recognition of Visitors and Guests
2 . New Business:
A. Case No. 0023 - Mr. Ray A. Vern, owner of property located
at 851 Plaza, in violation of City Ordinance Section
12-1(b) (3 ) & 12-1(b) ( 7 ) , storage of abandoned vehicles
( 2nd violation) and weeds & rubbish.
3. Board Members Comments
4. Adjournment
MINUTES OF THE CODE ENFORCEMENT BOARD MEETING
HELD AT CITY HALL ON DECEMBER 10, 1991
CALL TO ORDER Present: George Bull, Jr. , Chairman
Barbara Bonner
Edward Martin
Herbert Moller
John Venn
And: Suzanne Bass, Prosecuting Attorney
Alan Jensen, Legal Counsel to Board
Don Ford, Code Enforcement Officer
Trudy Lopanik, Secretary
Absent: Heywood Dowling, Jr. , Excused
1. Recognition of visitors and guests -
Mr. Bull welcomed Commissioner Glenn Edwards.
2 . New Business:
Mr. Bull indicated his desire to discuss the rule of the Code
Enforcement Board that states any member who has two unexcused
absences is automatically off the board. Mr. Bull stated he thinks
this rule should not pertain to special meetings, but only
regularly called meetings. Mr. Martin asked if the members are
polled when a special meeting is called to determine if the members
are able to attend the meeting to which Mr. Bull replied that the
members are polled when a special meeting is called. The Board
agreed that unexcused absences will be counted against members only
at regularly called meetings.
Mattie Freeman
Mr. Bull introduced Board Member Mattie Freeman and he stated that
Ms. Freeman has moved from the City of Atlantic Beach. Mr. Bull
asked the City Attorney if Ms. Freeman can remain on the Board
until a replacement is found to which the City Attorney replied
that because she no longer is a resident of Atlantic Beach Ms.
Freeman cannot serve on the Board. Mr. Bull asked Ms. Freeman if
she would like to speak and Ms. Freeman indicated it had been a
pleasure to serve for the past four or five years on the Board.
She indicated she still owns a home in Atlantic Beach and she feels
that she is still a part of Atlantic Beach.
Don Ford, Code Enforcement Inspector
Don Ford, Code Enforcement Inspector, asked the Board to examine a
new form, Case Presentation Sheet, that was placed before Board
members (copy attached) . Mr. Ford indicated this new form will
make it simpler to understand what has occurred in the case that
will be heard before the Board (Case No. 0023 - Mr. Ray A Vern) .
Mr. Ford indicated items #3 and #4 are the most important on this
form and he indicated that from now on this form will be used for
Code Enforcement Board Meeting
December 10, 1991
Page 2
every case.
Mr. Martin referred to #4 and asked if the Board can assume that
Mr. Vern received a notice to which Mr. Ford replied the notice was
either delivered in person or by certified mail.
Mr. Bull referred to abandoned vehicles and indicated the Board is
waiting for a legal definition of an abandoned vehicle. He asked
the City Attorney if he has a legal definition to which the City
Attorney replied he does not have a legal definition. A discussion
ensued and the Board decided to go ahead and hear the case that is
on the agenda tonight; it was the feeling of the Board that this
case has been going on for some time, prior to requesting a
definition from the Commission.
Mr. Bull asked the City Attorney to get a legal description of an
abandoned vehicle from the City Commission. Commissioner Edwards
indicated that he would ask the Commission for a definition.
A. Case No. 0023 - Mr. Ray A. Vern, owner of property located at
851 Plaza, in violation of City Ordinance Section 12-1 (b) (3) & 12-
1 (b) (7) , storage of abandoned vehicles (2nd violation) and weeds
and rubbish. Mr. Bull read the case hearing procedure and all
witnesses were sworn in.
Suzanne Bass, Prosecuting Attorney for the City, began by stating
that this case is not new. She stated that Mr. Vern is not in the
military as she previously stated at the last meeting, but he is in
the Merchant Marine. She stated that she is satisfied with the
efforts that Don Ford has made, and by the certified letters that
were sent to Vern' s address which Mr. Ford obtained from the tax
records in Charleston, South Carolina. Ms. Bass stated that she is
satisfied Mr. Vern knows about the violations on his property. She
indicated on June 17, 1991 Mr. Vern was told of the violation by
Mr. Ford while Mr. Vern was cutting the grass. Ms. Bass invited
Mr. Ford to explain what has transpired thus far.
Don Ford indicated the City has received four ( 4 ) complaints; one
complaint was received from a neighbor on the north side and one
complaint was received from a neighbor on the east side of Vern' s
property. Both neighbors complained of trash, and it was indicated
rodents were seen coming from this house which is located at 851
Plaza. The main complainant was Bryan L. Smith and his wife, Mary,
and also Commissioner Edwards has had several complaints on the
house.
Ms. Bass asked Mr. Ford if he is satisfied that Mr. Vern knows
about this hearing tonight to which Mr. Ford replied that the City
Code Enforcement Board Meeting
Decembere 10, 1991
Page 3
has sent four different letters to Mr. Vern beginning on 4/14/91 .
The first letter was a notice of weeds and debris in the yard. We
waited seven days for a reply from Mr. Vern; the notice states if
the City does not hear from the homeowner within seven days, the
City will then cut the grass. At the end of the seven day period
I issued a work order for the City' s Public Works to cut the grass.
The Public Works crew showed up at the property and Mr. Vern was
there cutting the grass himself. At that time the Public Works
crew called me and I came to the site to talk to Mr. Vern, Mr. Ford
stated. Mr. Vern indicated at this time that he would clean the
property up as he wanted to make it presentable for renting. I
have not had a personal communication with Mr. Vern since that
time; however, I have sent him four ( 4 ) certified letters. Ms.
Bass asked Mr. Ford if he sent a certified letter to Mr. Vern' s
residential address in Charleston, South Carolina to inform him of
tonight ' s meeting to which Mr. Ford replied that this is correct.
Mr. Ford added he mailed, from the first weed notice, all the
letters to the same address. Ms. Bass asked if the letter
concerning tonight ' s meeting was delivered on November 18, 1991 to
which Mr. Ford replied according to the return receipts the letter
was delivered and signed for on November 18, 1991 . Ms. Bass asked
Mr. Ford to tell the Board where he got this address to which Mr.
Ford replied he got the address from the appraiser ' s office in the
City of Jacksonville. Ms. Bass asked if Mr. Vern' s name is on the
appraisal to which Mr. Ford replied that Mr. Vern' s name is on the
appraisal . Mr. Ford advised no one else' s name is on the appraisal
and the taxes are current on the property.
Mr. Ford stated the November 18, 1991 letter notified Mr. Vern of
the meeting tonight, as well as the violations on the property, and
cited the Code Section 12. Mr. Ford stated the exact violations
are: grass overgrown to a height exceeding 12 inches, there is a
junk vehicle in the yard, the house has fallen into disrepair, the
windows are broken, and the screens are torn out.
At this time Mr. Ford passed out pictures that he took today
(December 10, 1991 ) of the property. With reference to the
abandoned vehicle, this is the same car that has been on the
property throughout this investigation. The car is a gray Toyota
or Datsun. It is a small foreign car and it appears that the car
has not moved at all during this investigation. The car does not
have a current license plate. Also, pictures were passed out that
were taken at various other times throughout the year which depict
the same conditions ( the same car in the same place) .
Mr. Martin asked if the green card that was returned from the
certified letter had Mr. Vern' s signature on it to which Mr. Ford
replied the City has gotten three different signatures on the same
address.
Code Enforcement Board
December 10, 1991
Page 4
Mr. Ford indicated the City has not cut the grass because Mr. Vern
placed a lock on the gate and the City does not feel it is safe to
enter the property. Mr. Ford indicated if he was instructed he
would remove the lock and cut the grass. It was determined by the
City Attorney that the City Manager would have to give instructions
to remove the lock.
It was determined that Mr. Vern has been notified four ( 4 ) times to
attend a Code Enforcement Board hearing.
Commissioner Edwards was sworn in and he referred to the gate on
the lock. He asked if there is anything the City Commission can do
to speed things up.
Mr. Bull asked the City Attorney if the Board has the power to
instruct Mr. Ford to cut the lock and have the grass cut to which
the City Attorney replied the City Manager can impose fines
pursuant to the ordinance of the City.
Mr. Ford indicated he would like clarification concerning cutting
the lock. He would like a legal opinion in writing. The City
Attorney replied that this would have to be more of a nuisance
violation wherein something would have to be dangerous or hazardous
to the public health, and certainly under the police authority of
the City. It was felt by the Board that rodents are certainly a
hazard to health as well as the abandoned vehicle.
It was moved by Mr. Martin, seconded by Mr. Venn, and passed, to
declare the property at 851 Plaza to be in violation of the Codes
of the City of Atlantic Beach according to Section 12-1(b) (3) and
12-1 (b) (7) .
It was moved by Mr. Martin, seconded by Mr. Moller, and passed, to
ask the City Manager and the City Attorney to provide necessary
legal authority to remove the lock from the gate, mow the grass,
remove the vehicle, and board up the windows.
Mr. Bull indicated that as soon as the City Attorney and the City
Manager give Mr. Ford the necessary authority, Mr. Ford has the
Board ' s findings to get accomplished what needs to be done, and
assess this property for whatever cost it takes. Mr. Bull
indicated he does not think there is any necessity at this point
and time to fine Mr. Vern, and everyone agreed. Mr. Ford indicated
the City goes in and cleans or boards up the property, whatever
needs to be done to the property that the Board indicated the City
should do, and the City adds 100% to that for administrative
costs, so it will be $200 or $300 minimum.
Code Enforcement Board
December 10, 1991
Page 5
Mr. Bull indicated the findings of the board on this case are
blanket. This should be done as many times as it takes.
Mr. Martin asked if a bill will be sent to Mr. Vern to which Mr.
Bull replied that this will be in a form of a lien. The City
Attorney indicated Mr. Vern will be sent of copy of the order this
Board gives and the City Attorney indicated the order should be
fairly specific about the findings of the Board and the
instructions given by the Board.
Mr. Martin asked the City Attorney if it is found that no other
legal documentation is required to cut the lock, is what the Board
has done sufficient it itself in doing what needs to be done. The
City Attorney indicated the Board' s action is sufficient.
Mr. Bull welcomed new member Barbara Bonner and Trudy Lopanik the
new secretary.
Adjournment
There being no further business the met.' g a. jour l -d at 8 :05 p. m.
4 ,...
.,
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George gull, Jr.
Chairman
ATTEST:
Trudy Lop nik / '
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Secretary
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CEB Case # 0023 Respondents: _ Vern,_ Ra A.
CODE ENFORCEMENT BOARD
CASE PRESENTATION SHEET
Mister/Madam Chairman:
1. I inspected the property in question, which is located
at _ 851_ Plaza__ ___ _ ___ ___ ____-____ _. Ownership
of the property was determined by a check of the:
x_tax records __public records _._deed -.._title search
other
X 2. The code # (s) and nature of the violation(s)
discovered are: 12-1 (7) Storage of abandoned vehicles
____weeds. and _debris on__property_-_ __..._. _ ___
3. The inspection was made as a result of a : ___ 4_complaint s
_routine area inspection _ .._- other
x 4. A violation notice was issued to the owner/occupant
on : - _ 4/14/91, 6/10/91 -- - - -- -
x 5. Notice to the owner/occupant was achieved by: _x cer-
tified mail Hand delivery --__Posting of Property __ ___
Police __-- Other _-- -_._____._ __-•-.
6. I did/ccs speak with the owner or someone in
charge of the property concerning violations. Brief
description of conversation: Mr. Vern was cutting_the..
grass at 851 Plaza. He stated he would keep the property_
cleaned up in the future. (6-17-911 .
7. The latest inspection was made
8. The violation(s) that was/were still occurring on that
date was/were: See #2.
9. To bring the property into complaince, it is necessary
to: " Remove junk vehicle./- cut the grass, and make repairs
to house, i. e. , replace broken w indowsjrepair__.___ -_
screens. -
- V a
Page Two
10. 1 do/do not have pictures/slides of the property.
These were taken on 10/4/91 - 11/5/91 . These
° pictures/slides are a fair and accurate representation of
the property at the time they were taken.
11. I would estimate that 10 day(s) of time is
necessary to correct the violations. Therefore, the City
recommends that the Board find the respondent guilty and
give _.10__ days to comply.
Respectfully submitted,
DON C. FORD
CODE ENFORCEMENT OFFICER