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09-07-93CITY OF ATLANTIC BEACH ~~ CODE ENFORCEMENT BOARD AGENDA 7:30 P. M., SEPTEMBER 7, 1993 Call to order Pledge to the Flag Roll Call 1. Approval of the minutes of the meeting of July 6, 1993 2. Recognition of Visitors and Guests regarding any matters that are not listed on agenda. 3. Old Business: Case No. 0058 - Fred Lewis - owner of property located at 1820- 1850 Mayport Road (Mills Plaza), in violation of Section 12-1-7 Abandoned Vehicles, and Section 24-111 zoning - No Outside Storage. Code Enforcement Officer will give a report. Case No. 0059 - William Thomas - owner of property located at 225 Nautical Blvd, in violation of Section 24-159, Home Occupation, and Section 12-1-3, High Grass/Weeds/Trash. Code Enforcement Officer will give a report. Case No. 0022 - Charles Watson - owner of property located at 270 ~' Mayport Road and adjacent property, under condemnation. Code Enforcement Officer will give a report. 4. New Business: Case No. 0042 -Ernest D. Harden - {Second Offense) - owner of property located at 714 Cavalla Road, in violation of Section 12- 1-6 - Unsound Fence, Vegetation, and Section 23-36 - Vegetation. Case No. 0039 - Cynthia L. Watson - (Second Offense) - owner of property located at 702 Cavalla Road, in violation of Section 12- 1-6 - Unsound Fence, Vegetation, and Section 23-36 - Vegetation. Case No. 0061 -Mike Trifunouski - tenant of property located at 549 Aquatic Drive, in violation of Section 24-65(c) - No Building Permit (for shed on south side of house). 5. Board Members Comments 6. Adjournment 1 September 7, 1993 MINUTES'OF THE CODE ENFORCEMENT BOARD MEETING HELD AT THE ATLANTIC BEACH CITY HALL ' ON SEPTEMBER 7, 1993 CALL TO ORDER Present: Edward Martin, Vice-Chairman Heywood Dowling, Jr. Kathleen Russell Suzanne Shaughnessy ' John Venn ' 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: George Bull, Jr. Chairman (excused) Barbara Bonner (excused) 1. Approval of Minutes of July 6, 1993 A motion was made, seconded, and passed to approve the minutes of the meeting of July 6, 1993. 2. Recognition of visitors and quests There were no visitors or guests. 3. Old Business: Case No. 0058 - Fred Lewis - owner of property located at 1820-1850 Mayport Road (Mills Plaza), in violation of Section 12-1-7 Abandoned Vehicles, and Section 24-111 Zoning - No Outside Storage. Karl Gruenwald reported Fred Lewis cooperated with the Code Enforcement Officers and the property was in compliance. The .board accepted Mr. Gruenwald's report. Case No. 0059 - William Thomas - owner of property located at 225 Nautical Blvd, in violation of Section 24-159, Home Occupation, and Section 12-1-3, High Grass/Weeds/Trash. Don Ford reported the property at 225 Nautical Blvd. had been cleaned and was in compliance. William Thomas had obtained an occupational license. The board accepted Mr. Ford's report. Case No. 0022 - Charles Watson - owner of property located at 270 Mayport ~^Road and adjacent property, under condemnation. .. Page ~-+ September 7, 1993 Don Ford reported the property at 270 Mayport Road had been brought into compliance. He indicated a sign remained on the property that should be removed. The sign originally belonged to the Thrift Store, and it was difficult to prove the sign was in violation of the code because of the length of time the sign had existed. A discussion ensued relative to having the Public Works Department of the City remove the sign and Don Ford indicated he would contact Mr. Watson for approval to have the City remove the sign. 4. New Business: Case No. 0042 - Ernest D. Harden - (Second Offense) - owner of property located at 714 Cavalla Road, in violation of Section 12-1-6 - Unsound Fence, Vegetation, and Section 23-36 - Vegetation. Edward Martin, Vice-Chairman, read the case hearing procedure for Case No. 0042 and asked witnesses to be sworn in. Suzanne Green reported this was the second offense for Mr. Harden. She asked the Board to impose a minimum fine of $50.00 because this was a second offense which would be used to absorb administrative costs in connection with the case. She asked Karl Grunewald to speak to the matter. Karl Gruenwald reported 714 Cavalla Road had been cited last year for violation concerning fence and vegetation violations. This year the property was cited again for overgrown vegetation and knocked-down and dilapidated fence. Mr. Gruenwald reported he inspected the site at 3:30 p.m. September 7, 1993 and no work had been done. Mr. Gruenwald reported Charles Buterbough, contractor representing Mr. Harden, was present in the audience. Mr. Buterbough indicated he had put the fence back up .late in the afternoon of September 7, 1993 and he provided a picture indicating the fence had been put back up. Mr. Gruenwald passed the picture to the board members. Mr. Martin provided the board with a copy of a letter from Mr. Harden dated August 31, 1993 indicating he was in the process of repairing the fence but pointing out that he had been unable to maintain a fence due to rampant vandalism and inadequate police protection (copy attached herewith and made a part hereto). Mr. Martin indicated he sent a copy of Mr. Harden's letter to the Police Chief and he provided the board with a copy of the response by the Police Chief dated September 7, 1993 (copy attached herewith and made a part hereto). Charles Buterbough advised he was representing Mr. Harden. He indicated Ernest Harden was unable to attend the meeting. He asked if it would be possible to install a gate or leave a small section open in the fence behind Mr. Harden's units to provide access to teenagers, because they constantly kicked down a panel in the fence to get to Pic & Save and Royal /Palms Theater, which was located behind the fence. A discussion ensued and Karl Gruenwald advised if a gate was placed in the ~~ Page 3 September 7, 1993 fence behind Mr. Harden's property liability would fall on Mr. Harden. Mr. Gruenwald felt if it was decided to leave an opening in the fence to provide access it should not be behind Mr. Harden's units, but rather the drive-through area should be left open and thus, access would be available. It was determined Mr. Harden owned units 714 and 712, and it was explained it was the responsibility of Mr. Harden to provide fence behind units 714 and 712, only. Mr. Buterbough advised last year he installed a fence in error all the way to the end of the building which encompassed unit 716 which did not belong to Mr. Harden. It was explained the owner of unit 716 would also be required to provide fencing behind the unit. Kathleen Russell felt renters who lived in the units should be screened by landlords or rantal agents. She felt absentee land owners had a responsibility for their own property, and if landlords were more responsible when renting units vandalism might be cut down . It was determined no work had•been done on Mr. Harden's fence until September 7, 1993, the day of the hearing. Mr. Martin indicated he had conducted a visual inspection of the property at 4:00 p. m. on September 7, 1993 and that the fence was dilapidated and the weeds were quite overgrown, to shoulder length. Mr. Buterbough agreed the weeds were over the top of the fence. He indicated last year he had a n~'oblem with cleaning the opposite side of the fence, adjacent to Pic n i ive and Royal Palms Theater. He asked if it was the responsibility of Pic n Save and Royal Palms Theater to keep the side of the fence facing their establishments clear, to which Mr. Grunewald explained Pic n Save and Royal Palms Theater had been contacted several months ago and they had cleared the side of the fence facing their establishments. He indicated he was not aware that weeds had grown again, but that he would inspect the site. Mr. Buterbough explained he was retained by Mr. Harden on a "will call" basis to maintain the property. He indicated about a month ago he hauled heavy debris away from the site for Mr. Harden. Mr. Dowling asked if the high weeds presently under discussion facing Mr. Harden's unit were ignored by Mr. Harden, and not by Mr. Buterbough, to which Mr. Buterbough agreed the high weeds had been ignored by Mr. Harden. Mr. Buterbough added he took care of the high weeds as soon as he was notified. Mr. Martin asked Mr. Buterbough if he took care of the weeds as well as putting the fence back up on the afternoon of September 7, 1993, to which Mr. Buterbough replied in the affirmative. Under discussion it was explained the drive-through area was owned by original owners, the taxes had not been paid in some time, and it was not possible to get cooperation. A motion was made by Mr. Martin that if Mr. Harden was found~in violation of Section 12-1-6 and Section 12-1-3 of the code of the City at any time in the future that a $50.00 a day fine would begin effective the day he was ~und to be in non-compliance. Page {}~ September 7, 1993 A discussion ensued and it was felt by some board members that since this was the second offense for Mr. Harden that a fine should be established. Motion died for lack of a second. A motion was made by Kathleen Russell, seconded by Mr. Dowling, that a one- time fine of $50.00 shall be imposed on Ernest Harden. If Mr. Harden is found to be in violation of Section 12-1-6 and Section 23-36 of the code of the City in the future a fine of $100 per day will begin effective the day Mr. Harden is found to be in non-compliance, and continuing until the violation is corrected to the satisfaction of the Code Enforcement Inspector. The question was called and the motion carried unanimously. Case No. 0039 - Cynthia L. Watson - (Second Offense) - owner of property located at 702 Cavalla Road, in violation of Section 12-1-6 -Unsound Fence, Vegetation, and Section 23-36 - Vegetation. Edward Martin, Vice-Chairman, read the case hearing procedure for Case No. 0039 and asked witnesses to be sworn in. rn Ford reported Cynthia Watson was ill and not able to attend the meeting. He indicated the property had been substantially improved and that the property was in compliance. The board accepted Mr. Ford's report and found the property in compliance. Case No. 0061 -Mike Trifunouski - tenant of property located at 549 Aquatic Drive, in violation of Section 24-65 (c) - No Building Permit (for shed on south side of house). Edward Martin, Vice-Chairman, read the case hearing procedure for Case No. 0061 and asked witnesses to be sworn in. Don Ford reported the shed had been relocated, the property had been cleaned, and the city was satisfied the property was in compliance. The board accepted Mr. Ford's report and found the property in compliance. Mr. Trifunouski indicated he was the owner of the property, and not a tenant. 5. Board Members Comments Mr. Martin asked Alan Jensen for an update on litigation relative to the Blackard case, to which Mr. Jensen replied the case had recently been assigned to a different judge. A discussion ensued regarding the Harden case and the Watson case that were ~ted upon previously. The Board asked that the minutes reflect a t.ofessional effort was given by Ms. Watson regarding her property, and the Page 5' September 7, 1993 property was substantially improved. The property of Mr. Harden, however, was not substantially improved and the property was not weeded. 6. Adjournment There being no further business the meeting adjourned at 8:30.pm. • ~ George Bull, Jr. ATTEST: Trudy Lopanik Secretary :• ;, • ~~-- ~ CITY OF ~'~r+ctle beads - ~latlda POLICE DEPARTAf ENT 850 SEAfINOLE ROAD ATLANTIC BEACII, FLORIDA 92293 TELEPIIONE (904)2495606 September 7, 1993 Mr. George Bull Code Enforcement Board City of Atlantic Beach 800 Seminole Road Atlantic Beach, F1 32233 Dear Mr. Bull: Boardl from MrvieErnest DettHardenressHe thastindicatednfthatmthe reason for the condition of the fence on his property is due to ~ "vandalism and inadequate police protection." I find this argument to be ridiculous. If you have observed the fencing and overgrown vegetation at 714 Cavalla Road then you probably understand my position. It is apparent that the fencing throughout the apartments is old and dilapidated as a result of age and exposuze. The fencing has not been replaced for more than ten years and the vegetation needs to be removed. The Police Department has routinely patrolled the area, answered numerous calls for service on Cavalla Road and served search warrants in several of the apartments. This area of Atlantic Beach has clearly received a high level of police services, although some of the apartments continue to be rented to individuals with extensive criminal records. try tohrespondetoetheireneedscaccordinglyPut IfoMrC1Harden wishes to discuss Police problems on Cavalla Road, then he should be encouraged to contact me. However, I suggest that the state of the fencing and vegetation at 714 Cavalla Road has little to do with Police services at that location and is strongly affected by time, weather and inadequate maintenance. 1 %. ~~ If you would like any additional information relative to this matter, please do not hesitate to call. Sincerely, ~~ ,~ Dadid E. T ompson Chief of Police CC: William Gulliford, Mayor Kim Leinbach, City Manager August 2, 1993 MEMORANDUM TO: Chief Thompson FROM: Trudy RE: Code Enforcement Ed Martin, who is Vice Chairman on the Code Enforcement Board, asked me to provide you with a copy of the attached letter. The letter is from Ernest Harden, 714 Cavalla, who has been ordered , to appear at the Code• Enforcement Bd meeting of Sept. 7th for having an unsound fence and for overgrown vegetation. Mr. .Martin indicated if •you•felt you needed to•talk to him, to call him at 249-7263. cc: Don Ford Karl Greenwald ~.. ~~ . . Ernest D. Harden 935 Clark Rd., Suite 500 Jacksonville, FL 32218 August 31, 1993 Mr. George Bull, Jr. Code Enforcement Board, City of Atlantic Beach 800 Seminole Rd. Atlantic Beach, FL 32233 . re: Fence and vegetation 719 Cavalla Rd. .... Dear Mr. Bull: I have just received your letter stating I am in violation of the codes of Atlantic Beach; I have been out of town. I am in the process of repairing this fence, but would like to point out that I have been unable to maintain a fence there, due to rampant vandalism and inadequate police protection. There seems to be no check against destruction of property. I am sure yov are as concerned as I am about the devaluation of properties at the Beach. Since y your , Ernest D. Harden cc: Mayor, Atlantic Beach n