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10-02-90 v AGENDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH October 2, 1990 Call to Order Pledge to Flag 1. Approval of Minutes of June 5, 1990 2. Recognition of Visitors and Guests 3. Old Business Case #0013 - Francisco Rebelo to appear relative to his plans to build a building and comply with City Code 4. New Business Case #0014 - Joseph Nadeau, 860 Orchid Street, Atlantic Beach 32233, violation of City Ordinance Section 21-24 5. Board Members Comments 6. Adjournment MINUTES OF THE CODE ENFORCEMENT BOARD MEETING HELD AT CITY HALL ON OCTOBER 2, 1990 AT 7:30 P.M. CALL TO ORDER: Present: George Bull, Jr. , Chairman Mattie Freeman, Vice Chairman Heywood Dowling, Jr. Herbert Moller Mary Lyle Perry And: Suzanne Bass, Prosecuting Attorney Alan Jensen, Legal Council to Board Don Ford, Code Enforcement Officer Karen S. Moore, Secretary Absent: G. Edward Martin, Excused William J. Dorsey, Unexcused 1. Approval of Minutes of June 5, 1990 Ms. Perry moved for approval of the minutes of June 5, 1990 as written. The motion was seconded by Mr. Dowling and carried unanimously. * * * * * * * * * * * * * * * 2. Recognition of Visitors and Guests-None 3. Old Business Case #0013 - Francisco Rebelo to appear relative to his plans to build a building and comply with City Code. Mr. Bull called on Mr. Rebelo to update the board on his plan to construct a building on his property. Mr. Rebelo stated it was financially impossible for him to build a building and he requested an extension to remove all the outside storage that was left on his property and possibly to find another location for his business. He told the board he believes his property was looking better every day and he would continue to clean it up to comply with the order of the board. Mr. Bull remarked that he had gone by the property and it was looking better however he reminded Mr. Rebelo the fence was a temporary situation until he could come up with a plan to build a building or remove the outside storage. Mr. Rebelo requested a one year extension. Mr. Bull stated the board could not give him a one year extension. Mr. Dowling asked Mr. Rebelo to give the board a more reasonable time table for which to clean up his outside storage. Mr. Rebelo stated he could possibly have the area cleaned up in six months. Mr. Dowling moved to give Mr. Rebelo until April 1, 1991 to completely clear up the debris on his property with an automatic fine of $250.00 a day thereafter. The motion was seconded by Mr. Moller and passed unanimously. * * * * * * * * * * * * * * * Code Enforcement Board Meeting October 2, 1990 Page 2 4. New Business Case #0014 - Joseph Nadeau, 860 Orchid Street, Atlantic Beach 32233, violation of City Ordinance Section 21-24 began with notification that a court reporter was taking a record of the hearing by stenographic notes. The City was represented by Suzanne Bass, Prosecuting Attorney and Don Ford, Code Enforcement Officer. All witness in the case were sworn in. Ms. Bass began by stating the evidence would show that Mr. Nadeau's property had been and still was strewn with abandoned junk, wrecked and inoperative vehicles. The property in question was in Section "H" subdivision. This section was currently under major construction and it wasn't until the road was cut through next to this property that they found the inoperative vehicles on his property. Ms. Bass called Don Ford to testify. Mr. Ford had previously been sworn in. He stated the violation was called to his attention by Billy Howell, Project Manager for the Section "H" project. He said Orchid Street had just been cut through and the clearing was what exposed the area behind Mr. Nadeau's property. Mr. Ford stated he went by Mr. Nadeau's property on January 30, 1990, and contacted him on February 2, 1990. He said he discussed the property and the junked vehicles on the property at that time with Mr. Nadeau. Mr. Ford stated Mr. Nadeau told him it would take approximately ninety days to clear all the inoperative vehicles off his property. Mr. Ford went on to say at the conclusion of the ninety days, he wrote Mr. Nadeau a letter dated May 9, 1990 stating as of that date the vehicles had not been cleared off the property. He stated he gave Mr. Nadeau another ten days and if the problem was not cleared, he would turn it over to the Code Enforcement Board for action. Ms. Bass asked Mr. Ford if any improvement had been made to the property during the ninety day period. Mr. Ford said Mr. Nadeau had moved several cars however there was a lot of other types of debris left on the property along with 2 or 3 inoperative cars. He stated a final letter was sent from him to Mr. Nadeau on August 7, 1990. Ms. Bass stated she had no other questions for Mr. Ford. Mr. Bull called on Mr. Nadeau to give his statement. Mr. Nadeau began by calling attention to the incorrect address which was being used on all correspondence sent to him. The correct address of his property was 105 West 6th Street. He stated he had never received the registered letter from Mr. Ford because of the incorrect address. He said one of the vehicles was a work van that he used on his job and the other two vehicles belonged to his sons. He stated twelve vehicles had been taken from the property since his first meeting with Mr. Ford. He showed the Board his bill for a recently purchased privacy fence. Mr. Bull asked Mr. Nadeau about the other debris on the property. Mr. Nadeau replied that Mr. Ford had talked to him about removing the vehicles. Mr. Bull suggested an itemized list be made available to Mr. Nadeau so he would know what items on his property were in violation. Mr. Nadeau stated Code Enforcement Board Meeting October 2, 1990 Page 3 that one of the biggest problems with removal of items on his property was the construction of the road around his home. Mr. Bull asked Mr. Ford when the roads would be done in the area. Mr. Ford replied the roads are scheduled to be completed by January, 1991. Ms. Bass recommended to the Board that since Mr. Nadeau was not sited for the other debris on the property, he be given the time to clean the property. She believed Mr. Nadeau had a good faith argument in terms of the ingress and egress to his property. Mr. Dowling asked Mr. Nadeau how long it would take him to have the debris removed from his property once the roads are complete. Mr. Nadeau replied two weeks. Mr. Bull moved that Mr. Nadeau be given three weeks to remove the cars on the condition that he can physically remove them and that Mr. Nadeau and Mr. Ford work on the remanding debris that needs to be removed and the time table should be accomplished thirty days after the roads are complete and passable. The motion was seconded by Mr. Dowling and carried unanimously. * * * * * * * * * * * * * * 5. Board Members Comments-None 6. Adjournment There being no other business to come before the Board, the meeting was adjourned at 9:00 p.m. ,1 Air 4Iffill George Bull, Jr. Chairman ATTEST: Karen S. Moore Secretary