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.
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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
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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