10-25-84 v MINUTES OF THE ORGANIZATIONAL MEETING OF THE CODE ENFORCEMENT
BOARD HELD AT THE CITY HALL ON OCTOBER 25, 1984 AT 7:00 P.M.
In line with provisions of the Charter of the City of Atlantic Beach,
Florida all members of the Board were sworn into office by the City Clerk.
The members, having been duly sworn in, took their seats at the table.
Call to Order: The meeting was called to order by the Acting Chairman,
Mr. George Bull, Jr.
Roll Call: Present: George Bull, Jr. , Acting Chairman, Willie E.
Davis, Marjorie Dunson, Fred Mills, Alan Potter,
Allen R. Salfer, and Jerome R. Strayve.
Mr. Bull acknowledged guests in the audience and others
present who are going to be involved with the board: William
S. Howell, Mayor, Catherine G. Van Ness, Commissioner,
Claude L. Mullis, City Attorney, A. William Moss, City
Manager, and Adelaide R. Tucker, Acting Secretary.
Official Mayor Howell welcomed the members to the Board and said he
Welcome was very pleased they were all willing to serve. He told the
members the Board was adopted to enforce the Code of
Ordinances of the City of Atlantic Beach, not to punish
people or to be used as an instrument of hardship for the
citizens of the city. He also explained the powers of the
Board to impose penalties for non-compliance including the
possibility of imposing fines and liens. Mayor Howell
advised that the Commission had appointed Mr. Claude L.
Mullis, City Attorney, to be Counsel to the Board and he
would explain the various legal ramifications later.
Election of Jerome Strayve moved to nominate George Bull, Jr. as Chair-
Officers man of the Board. The motion was seconded by Fred Mills,
and carried unanimously.
Fred Mills moved to nominate Jerome Strayve as Vice Chair-
man of the Board. The motion was seconded by Alan Potter and
carried unanimously.
Mullis Mr. Bull then turned the floor over to Mr. Mullis to explain
the official duties and responsibilities to the Board and to
the City of Atlantic Beach.
Mr. Mullis offered a brief background of Code Enforcement
Boards. He said the utilization of the Code Enforcement
Board is primarily to return to the individual Municipali-
ties the ability to control the neighborhoods and enforce
their Codes and Ordinances.
PAGE TWO
MINUTES
CODE ENFORCEMENT BOARD
October 25, 1984
Mr. Mullis recommended they take that approach, as neighbor
to neighbor, remembering the olden days when neighbor
helped neighbor, and neighbor helped to make sure that the
other neighbors did not do something that was offensive
to that neighbor.
Mullis Board members are prohibited from bringing charges against
anyone. Charges will to be brought to the Board by a Code
Inspector who will be designated by the person responsible
for enforcing that section of the Code. The Board should
sit as a deliberative body to try and seek compliance;
they are not bound by the strict rules of evidence;
they are authorized and allowed to have hearsay evidence
but they will not be able to base their decision on hear-
say evidence. They should be fairly stern and reasonably
formal. The hearings will be taken stenographically and
recorded by a court reporter.
Mr. Mullis explained, in detail, the booklet furnished by
him to all members,that contains the procedures and forms
the Board will be using, and added that Mrs. Tucker will
furnish them copies of the new Code as soon as they are
received from the printer.
During discussion, Mr. Bull pointed out that the members
Discussion would have to pay particular attention to their attendance.
He quoted from Mr. Mullis's memorandum on "Local Government
Code Enforcement Boards Act" : If a member fails to attend
two of three successive meetings without cause and without
prior approval of the Chairman, the board shall declare the
member's office vacant; and local governing body shall
promptly fill such vacancy".
Four members constitute a quorum. Members shall serve with-
out compensation but may be reimbursed for such travel,
mileage, and per diem expenses as may be authorized by the
local Governing Body.
The question was asked who would represent the city. Mr.
Mullis, the City Attorney, will be representing the Board
and he is prohibited by Statute from acting in both capaci-
ties. Mr. Mullis responded that it can be presented Admini-
stratively,or it can be a member of the department involved
that presents the case, or the city could, out of an abund-
ance of caution, hire an attorney to present the case. How-
ever, at this time, he did not anticipate that.
The Board was reminded that all members of the Board are
subject to Government in the Sunshine.
PAGE THREE-MINUTES
CODES ENFORCEMENT BOARD
OCTOBER 25, 1984
Meetings By law, the board has to meet at least once every two
Date & Time months. It was the consensus of the Board that they
Set would meet once every two months, except in the case
of three or four citations to be presented in one
month. Special called meetings would be scheduled
for more than two cases in one month.
The Chairman, or any four members, can call a meeting.
Meetings will be held at City Hall on the 2nd Thursday of
the odd numbered month, at 7:30 p.m. The next scheduled
meeting will be held on January 10, 1985.
New Mr. Moss , the City Manager, was asked to submit a request
Appointments to the City Commission to consider the appointments of
Needed a court reporter, a Code Inspection Officer, and a
permanent secretary. Mr. Bull also asked if the City Manager
could provide a Police Officer to be present at some
meetings, depending on the severity of the case to be
presented. The City Manager replied in the affirmative.
Following discussion, it was determined that no cases
Discussion could be brought before the Board that existed prior
to 1982.
The City Manager expressed his appreciation to the members
for their willingness to work on the Board, and personally
felt the Board is something the City really needed. He added
that he had the utmost confidence in the decisions that the
Board will render.
Mr. Bill Detros, local resident, asked if the Board would
also hear appeals from someone who has been put on notice
of a violation and the individual wanted to contest the
violation. Mr. Mullis replied in the affirmative.
Motion to Mr. Al Salfer moved to adjourn. The motion w. . -conded by
Adjourn Mr. Fred Mills and carried unanimously. Ch. a Bull
declared the meeting adjourned at 8:30 p. ,
if
1* ►
Geo g:I:u Jr`'
Chairman
ATTEST:
Adelaide R. Tucker
Acting Secretary