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11-14-85 v AGENDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH NOVEMBER 14, 1985 Call to Order Pledge to Flag Roll Call 1. Approval of Minutes of September 19, 1985 2. Recognition of Visitors and Guests 3. Unfinished Business 4. New Business Raymond L. Dagley, Sr. , 344 Begonia Street, Atlantic Beach, , Lots 5 and 6, Block 162, Section "H", File # 0005 5. Board Members Comments 6. Adjourn MINUTES OF THE MEETING OF THE CODE ENFORCEMENT BOARD HELD AT THE CITY HALL ON NOVEMBER 14, 1985 AT 7:30 P. M. CALL TO ORDER The meeting was called to order by Vice-Chairman, Jerome R. Strayve, followed by the pledge to the flag, led by Commissioner John Morris ROLL CALL: PRESENT: Jerome R. Strayve, Vice-Chairman Allen Salfer Fred Mills Marjorie Dunson Alan Potter, Members George Bull, Jr. , Chairman-absent and excused Willie E. Davis, member, absent and excused AND: Claude L. Mullis, Counsel to the Board Suzanne Bass, Prosecuting Attorney for the City Adelaide R. Tucker, Secretary Approval of Minutes of September 19, 1985 Mr. Salfer moved to approve the minutes of September 19, 1985 as presented. The motion was seconded by Mr. Mills and carried unanimously. Recognition of Visitors: Commissioners Morris and Edwards and City Manager, Richard Fellows were duly recognized and welcomed by acting Chairman, Mr. Strayve. All visitors and representatives in the audience were also welcomed. Unfinished Business: The only unfinished business before the Board at this meeting is an update by Chief Royal, in the case of Allen Glenn. Chief Royal stated that he visited the premises at 44 Sixth Street, Atlantic Beach this day, November 14, 1985. In his opinion, well over half the items constituting the violation have been removed or in some way improved. Chief Royal recommends that the Board give him a little more time, specifically some 30 days, to assist him in further bringing his property into complete compliance. After viewing films taken this date, and discussion, Mr. Salfer moved that we extend Mr. Glenn 30 days and Mr. Mills seconded the motion. At the end of this time, the Code Enforcement Officer will inspect the property and if it is not corrected, a fine of $50.00 (FIFTY DOLLARS) a day will be initiated. To help clarify what the Board is expecting the new Code Enforcement Officer to report on, Mr. Strayve outlined the following specific items: 2 aircraft fuel drop tanks, 2 mobile homes, any long term, non-operable automobiles, and other items not in general neatness of the property must be removed. There being no further discussion, the Code Enforcement Board members voted unanimously to adopt the motion. Mr. Strayve introduced the City Manager, Mr. Fellows who took the opportunity to thank Chief Wayne Royal for the fine, professional job he has done as Code Enforcement Officer since accepting this additional duty 6 (SIX) months ago. The members of the Code Enforcement Board and the City's Attorney, Suzanne Bass, all expressed their extreme gratitude to Chief Royal for his reliability, proficiency and cooperation thus making him a real plus to the Board and the City's Attorney. Due to the fact that this assignment has become more massive than expected, Mr. Fellows suggested to the City Commission that a new Code Enforcement Officer be selected, thus allowing Chief Royal to devote all of his time to his position as Fire Chief. As supported by the presence of Commissioner Morris and Edwards, Mr. Fellows reported that the City Commission, at it's last meeting on November 11, 1985, unanimously voted to select Mr. Frank Kerber, a long time resident and devoted citizen of Atlantic Beach as Code Enforcement Officer. Mr. Strayve officially welcomed Mr. Kerber aboard. Page 2 Code Enforcement Mtg. Nov. 14, 1985 NEW BUSINESS: Hearing in the Case of Raymond L. Dagley, Sr. , 344 Begonia Street, Atlantic Beach, Florida, 32233, Lots 5 and 6, Block 162, Section "H", File No. 0005, in violation of Section 21-24 (A & B ) of the Ordinance Code of the City of Atlantic Beach BEGAN with notification that Mr. Jerome Strayve was serving as Chairman in that Chairman Bull was out of the City at this time. The City was represented by Suzanne Bass, Prosecuting Attorney, Chief Wayne Royal and Mr. Marcus Prom as the City's witnesses. Mr. Dagley, was represented by his Attorney, Mr. Alan Jensen and both Principals were present. The Prosecuting Attorney entered into evidence, as Exhibit #1, a letter dated March 12, 1985, from Mr. Marcus Prom which was the initial complaint that alerted Chief Royal to the problem. Additionally, the notice dated June 25, 1985 which formally advised the defendant of the problem and asking him to comply within 15 (FIFTEEN) days. The latter 2 (TWO) items were offered in evidence as Exhibits #2 and #3 by the Prosecuting Attorney. Mr. Jensen, Attorney for the defendant, offered in evidence as Defendants Exhibit #1 a packet consisting of several documents. All Exhibits were accepted. The Prosecuting Attorney chose to make the opening statement, offering to show that the defendant has been in non- compliance of the City Code and been operating without any license, variance, or other permits, for many years. The Attorney for the defendant announced that Mr. Dagley has owned the property by agreement for Deed in 1956 and by Warranty Deed in 1958. He further stated that the real issue before this Board is whether or not the abandoned and used cars on the property are in any connection with any type of business enterprise that is unlawfully situated in that area. By virtue of the fact that there have been cars on this very same property since the early 1950's, would his use of the property at that time, prior to any zoning in Section "H", prior to the enactment of this Ordinance, (which Mr. Jensen believes was in 1982) , as such, be "grandfathered" in? Mr. Jensen the Defendant's Attorney re-iterated that he felt the above, was the real issue before this Board at this time. Chief Royal was called as witness, to describe the property. In his observations, the two lots in question are "open storage of junk and in-operable vehicles." The initial investigation of the property was undertaken in March of 1985 and after several notices of violation, the property, this day, is still in the same condition as was further verified by the video tape viewed at this hearing. At this time, said property is zoned RS 2, which translated is Residential, Multi-family and does not allow for business use in this area. This zoning law has been in existence in the Code of Ordinances of the City of Atlantic Beach since 1957 and has never allowed such an operation in that area. Further investigation did not produce any license or record of license application in the name of Raymond L. Dagley, allowing him to operate a junk car business in the City of Atlantic Beach, No variances or "use by exception" applications are on file with this City regarding this property, to date. After viewing the video film, Mr. Potter asked if anyone had knowledge of when this property had been zoned. He never did get a certain date as to when zoning occured but Ms.Bass again questioned Chief Royal as to whether or not a junk yard was ever permitted in that area or if there is recorded, a definite time when it was prohibited. Chief Royal stated that the Ordinance Code of the City of Atlantic Beach, emphatically prohibited such activity since 1957. The Code was in existence since 1957 although no one could produce a definite date when zoning became effective in said area. Mr. Strayve announced that in his opinion, the Board was not furnished enough information to proceed with this hearing any further and above all, the Board must know when that area was zoned Residential, when vehicles, dead or alive, were parked there and Mr. Dagley's junk business should not be discussed any further as it has nothing to do with this. Maps should be brought in before this Board in 60 (SIXTY) days for further Page 3 Code Enforcement Board Nov. 14, 1985 study before any decisions be made. Ms. Bass requested that she be allowed to call Mr. Prom as a witness for the City, in that he inconvenienced himself to be present this day. Mr. Jensen stated that he felt Mr. Prom could be recalled, as Mr. Dagley would be denied his right as a witness at this time if the Board were about to adjourn. Both Prosecution and Defense agreed to bring both evidence and witnesses back to this Board at its next meeting, 60 days from now on January 9, 1985. There being no further business to come before this Board at this time, Mr. Alan Salfer moved that this meeting be adjourned and his motion was seconded by Ms. Marjorie Dunson, Vice-Chairman Strayve declared the meeting adjourned. _'Lie/L_ EROME R. STRAY E,VICE-CHA IAN ATTEST: A elaide R. Tucker, Secretary By: Rose Blanchard