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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 ,... ., •1 . George gull, Jr. Chairman ATTEST: Trudy Lop nik / ' ' // Secretary V J ate,* l.I • :Y : CITY OF , retie Bead - wuda 800 SEMINOLE ROAD 4i) - _ ---. -.----- --- — ---- ATLANTIC BEACH,FLORIDA 32233-5445 i a TELEPHONE(904)247-5800 __ y.'1. .,J► FAX(904)247-5805 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