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01-04-94 CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P. M., JANUARY 4, 1994 Call to order Pledge to the Flag Roll Call 1. Approval of the minutes of the meeting of November 9, 1993 2. Recognition of Visitors and Guests regarding any matters that are not listed on agenda. 3. Old Business The following information contains reports of compliance relative to old business of the Board. If a Board member has questions or would like further information regarding any of the reports the Code Enforcement Officer will be happy to respond to questions at the next meeting. ~' Case No. 0042 - Ernest D. Harden - (Second Offense) - owner of property located at 714 Cavalla Road, in violation of Section 12-1- 6 - Vegetation (Front Yard Overgrown) - Mr. Harden paid a fine of $400.00 which was imposed by the Board at its meeting of November 9, 1993. Case No. 0046 - Stewart Title Company - (Second Offense) -owner of property located at Lot 3, Block 16, Royal Palms, Unit 2A (East of 702 Cavalla Road), in violation of Section 12-1-6 -Unsound Fence, Vegetation, and Section 23-36 - Vegetation - Property was brought into compliance to the satisfaction of the Code Enforcement Officer. Case No. 0061 - James W. Baker - owner of property located at 598 Seaspray Avenue, in violation of Section 12-1-7 - Open Storage not Permitted- Mr. Baker has made a considerable impact cleaning up his property. Due to weather and illness, however, lie requested an extension of time until December 30, 1993 for compliance. The City granted the extension since it was felt it would not hinder the end result of compliance nor jeopardize the integrity of the Board. Case No. 0062 - Peter lt. Besrutschko -owner of property located at 365-367-369-371 Ahern Street, in violation of Chapter 6, Section 6- 57 - Performing plumbing work on premises without a certificate of competency; Chapter 24, Section 24-65(c) - Plumbing permit not issued for work performed - Styles Smith, Plumber, pulled a plumbing permit for the work he performed or validated. The Code Enforcement Inspector felt the case was brought into compliance. Case No. 0063 - Steve Riley (Steve's Seafood) - owner of property .. , located at 580 Mayport Road, in violation of Section 17-2 - Signs Permitted and Section 17-8 - Signs Prohibited on City right-of-way - Signs have been properly affixed to the main sign, as directed by the Board. 5. New Business: Case No. 0064 - Centex Real Estate Corp. - sign violation Seminole Road & 11th Street and Seminole Road & Atlantic Boulevard, in violation of Section 17-1-(6) - real estate open house signs beyond allotted time. Case No. 0065 - Royal Palms Theater - owner of property located at 751 Atlantic Boulevard, in violation of Section 12-1-3 - trash and debris along rear fence. Case No. 0066 - Pic N' Save Store - owner of property located at 725 Atlantic Boulevard, in violation of Section 12-1-3 - rear of property is strewn with debris and trash. Case No. 0067 - Jerry Faller - owner of property located at 704 Cavalla Road, in violation of Section 12-1-6 unsound fence, and Section 24-167 (e) fence required. Place Lien on Property - Tonp Lewis and Heirs - 10 Church Road - demolition. (It is requested that the Board vote to place a lien against property -property has been demolished.) 6. Board Members Comments 7. Adjournment MINUTES OF TEiE CODE ENFORCEMENT BOARD MEETING HELD AT THE ATLANTIC BEACH CITY HALL ON JANUARY 4, 1994 CALL TO ORDER Present: Edward Martin, Chairman Theo K. Mitchelson John Venn Lou Etta Waters And: Suzanne Green, Prosecuting Attorney Alan Jensen, Legal Counsel to Board Don Ford, Code Enforcement Officer Karl Grunewald, Code Enf. Officer Trudy Lopanik, Secretary Absent: Barbara Bonner (Excused) Heywood Dowling, Jr.(Excused) Kathleen Russell (Excused) 1. Approval of Minutes of November 9, 1993 A motion was made, seconded, and passed to approve the minutes of the meeting of November 9, 1993. re were no visitors or guests who wished to speak. Mr. Martin reported he had an appointment with the State Attorney January 5, 1994 relative to perjury that occured on the part of the contractor of Ernest Harden during case hearing procedures of the Harden Case. 3. Old Business: The following cases contained reports of compliance relative to old business. Chairman Martin summarized the reports and invited board members to ask questions if they wished to have additional information. Case No. 0042 - Ernest D. Harden - (Second Offense) - owner of property located at 714 Cavalla Road, in violation of Section 12-1-6 - Vegetation (Front Yard Overgrown) - Mr. harden paid a fine of $400.00 which was imposed by the Board at its meeting of November 9, 1993. The board accepted the report of compliance. Case No. 0046 - Stewart Title Company - (Second Offense) - owner of property located at Lot 3, Block 16, Royal Palms, Unit 2A (East of 702 Cavalla Road), in violation of Section 12-1-6 - Unsound Fence, Vegetation, and Section 23-36 - Vegetation - Property was brought into compliance to the satisfaction of the Code Enforcement Officer. The board accepted the report of compliance. Page 2 Code Enforcement Board Meeting January 4, 1994 Case No. 0061 - James W. Baker - owner of property located at 598 Seaspray Avenue, in violation of Section 12-1-7 - Open Storage not Permitted - Mr. Baker has made a considerable impact cleaning up his property. Due to weather and illness, however, he requested an extension of time until December 30, 1993 for compliance. The City granted the extension since it was felt it would not hinder the end result of compliance nor jeopardize the integrity of the Board. Theo Mitchelson indicated he inspected the property and noted wooden frames were leaning against Mr. Baker's house and tires were on the property. Mr. Mitchelson added he felt the property was greatly improved. Karl Grunewald, Codes Enforcement Inspector, explained the wooden frames and tires would be removed from the property within a few days, and the City was satisfied that Mr. Baker had complied. The board accepted the report of compliance. Case No. 0063 - Steve Riley (Steve's Seafood) - owner of property located at 580 Mayport Road, in violation of Section 17-2 - Signs Permitted and Section 17-8 - Signs Prohibited on City right-of-way - Signs have been properly affixed to the main sign, as directed by the Board. The board accepted the report of compliance. 5. New Business• Case No. 0067 - Jerry Faller -owner of property located at 704 Cavalla Road, in violation of Section 12-1-6 unsound fence, and Section 24-167 (e) fence required. Suzanne Green, Prosecuting Attorney, explained Jerry Faller called the Code Enforcement Inspector and indicated he had not picked up a certified letter to appear before the board until January 3, 1994, the day before the meeting, and since he was not able to attend the meeting on such short notice, he asked to be excused from the meeting. The board decided to postpone hearing this case until the next regular meeting of March 1, 1994. Suzanne Green reported the remaining cases to be heard had all been brought into compliance. Mr. Martin read case hearing procedures for the cases to be heard as follows: Case No. 0064, Centex Real Estate Corp., 0065, Royal Palms Theater, and 0066, Pic N' Save Store, and all witnesses were sworn in. Case No. 0064 - Centex Real Estate Corp. - sign violation Seminole Road ~ 11th Street and Seminole Road ~ Atlantic Boulevard, in violation of Section 17-1-(6) - real estate open house signs beyond allotted time. Suzanne Green reported on several occasions and on a continuing basis Centex Real Estate Corporation had allowed signs to be placed on the city right-of- way for a period of more than four hours per day. Ms. Green presented (~ Page 3 Code Enforcement Board Meeting January 4, 1994 photographs for the board's perusal. Karl Grunewald explained Jane Vincent, 1130 Seminole Road, complained on several occasions that signs were placed by Centex on city right-of-way but were never retrieved. Mr. Grunewald reported initially to rectify the complaint the city retrieved signs from the city right-of-way on July 1, 1993, July 22nd, July 27th, August 2nd and August 4th. Mr. Martin asked Mr. Grunewald if the signs were returned to Centex to which Mr. Grunewald replied the signs were not returned to Centex. Mr. Grunewald explained he was in contact with Doug Smith and Mr. Smith assured Mr. Grunewald that new signs had been made which indicated the date and time on the back of the sign, and it was hoped this would assist Centex in retrieving signs. However, Mr. Grunewald added, the signs were never retrieved. The City removed signs on October 14th, November 2nd, October 15, October 27th, October 30th, and November 15th. Doug Smith, Centex Real Estate Corporation, explained Centex did not dispute the report of Mr. Grunewald. He explained this was not an intentional action on the part of Centex, but that the problem was because of poor communication with Centex's sales force. He indicated one employee, who was no longer with the firm, was the primary instigator who did not retrieve signs. fie indicated from now on signs would be retrieved. Suzanne Green asked when the employee who was referred to as causing most of the problem had left the firm, to which Mr. Smith replied the employee left the firm two and one-half weeks ago. Ms. Creen asked Mr. Grunewald when the last violation occurred to which Mr. Grunewald replied the last violation occurred a week ago, but that after receiving a recent letter from the city signs had not been left on city property. A discussion ensued and it was felt the violation had occurred for some time and compliance did not occur until the city had cited Centex. A motion was made, seconded, and passed that Centex Real Estate Corporation be found in violation of Section 17-1-(G). A discussion ensued and it was felt a fine should be installed in the event the violation occurred in the future. A motion was made, seconded, and passed that if Centex Real Estate Corp. was found to be in violation of section 17-1-(6) of the code of the city in the future a fine of $100.00 per day will begin effective the day Centex Real Estate Corp. was found to be in non-compliance, and continuing until the violation was corrected to the satisfaction of tf~e code enforcement inspector. t Case No. 0065 - Royal Palms Theater - owner of property located at 751 Atlantic Boulevard, in violation of Section 12-1-3 - trash and debris along rear fence. r` Page 9 Code Enforcement Board Meeting January 4, 1994 Suzanne Green explained on a re-occurring fashion Royal Palms Theater was not in compliance with reference to Section 12-1-3. She reported the Fire Marshall had examined the site and indicated a possible fire hazard could occur because of the situation. Karl Grunewald explained the rear of the property contained trash and garbage and vagrants were a problem. In addition, because of the wind trash collected against the fence. He indicated the manager of Royal Palms had worked earnestly to clean the property and presently it was in excellent condition. LeRoy Lallemand, Manager of Royal Palm Theater, indicated he had recently installed outside lights on the theater. He explained there was a problem with people dumping various debris, such as, stoves, water beds, etc. on the property, and that shopping carts were abandoned in the vacant lot next to Royal Palm and the nearby liquor store. It was explained the city had an ordinance which indicated stores were responsible for retrieving shopping carts. A discussion ensued and it was felt the violation had occurred for some time and compliance did not occur until the city had cited Royal Palms Theater. A motion was made, seconded, and passed that Royal Palms Theater be found in violation of Section 12-1-3. A discussion ensued and it was felt a fine should be installed in the event the violation occurred in the future. A motion was made, seconded, and passed tt-at if Royal Palms Theater was found to be in violation of section 12-1-3 of the code of the city in the future a fine of $100.00 per day would begin effective the day Royal Palms Theater was found to be in non-compliance, and continuing until the violation was corrected to the satisfaction of the code enforcement inspector. Case No. 0066 - Pic N' Save Store - owner of property located at 725 Atlantic Boulevard, in violation of Section 12-1-3 - rear of property was strewn with debris and trash. Suzanne Green explained Pic N'Save Store had a similar violation as Royal Palms Theater. Karl Grunewald passed out pictures indicating the condition of the rear of Pic N' Save Store. He indicated Walter Rew, Fire Marshall, felt the area was a fire hazard. Fie explained Pic N' Save had at the present time cleaned their property. Don Ford explained Pic 1Q' Save and Royal Palm had identical problems. Mike Tysen, Manager of Pic N'Save, passed out pictures that were taken January 4, 1994, which indicated the property was cleaned and in compliance. He explained a routine had been put in place on a daily basis wherein an Page 5 Code Enforcement Board Meeting January 4, 1994 inspection process would be made to insure the property was free of debris. He indicated there was a problem with vagrants, and with large debris such as sofas and washing machines being left at the site. Suzanne Green asked Mr. Tysen if he recalled receiving letters on September 25, 1991 and April 2, 1992 indicating there was a problem of debris on the property, to which Mr. Tysen indicated he recalled receiving the letters. Don Ford reported some compliance was received but that the property was not fully cleaned on December 25, 1991, and on April 2, 1992 the property was partially cleaned but had never achieved complete compliance. Mr. Ford added the property on January 4, 1994 was the cleanest it had been in eight years time. A discussion ensued and it was felt the violation had occurred for some time and compliance did not occur until the city had cited Pic N' Save Store. A motion was made, seconded, and passed that Pic N' Save Store be found in violation of Section 12-1-3. A discussion ensued and it was felt a fine should be installed in the event the violation occurred in the future. A motion was made, seconded, and passed that if Pic N' Save Store was found to be in violation of section 12-1-3 of the code of the city in the future a fine of $100.00 per day would begin effective the day Pic N' Save Store was found to be in non-compliance, and continuing until the violation was corrected to the satisfaction of the code enforcement inspector. Place Lien on Property - Tony Lewis and Heirs - 10 Church Road - demolition. (It was requested that the Board vote to place a lien against property - property has been demolished.) Don Ford explained this property had been condemned over a year ago and had already been demolished. He added 16 heirs were involved, and they had not been able to come to a decision regarding what to do with the property. IIe explained the Building Department felt it had followed the letter of the law in the process and were therefore requesting that a lien be placed against the property. It was explained the amount of the lien was $3,090 plus interest. A motion was made, seconded, and passed to place a lien against property located at 10 Church Road, Tony Lewis and Heirs, in the amount of $3.090 plus interest. /~ Suzanne Green indicated she would like to perform a title search prior to placing the lien. The question was called and the motion resulted in all ayes. (1 Page 6 Code Enforcement Board Meeting January 4, 1994 6. Board Members Comments 7. Adjournment There being no further business Mr. Martin adjourned the meeting at 10:00 p. m. Edward Martin, Chairman ATTEST: Trudy Lopanik, Secretary l l