05-02-95
CTTY OF ATLANTIC BEACEI
CODE ENFORCEMINr BOARD AGENDA
7:30 P. M., MAY 2, 1995
Call to order
Pledge to the Flag
Roll Call
1. Approval of the minutes of the meeting of March 7, 1995.
2. Recognition of Visitors and Guests regarding any matters that are
not listed on agenda.
3. Old Business:
The Cbde Fhforoem^.nt Officer will zepart on the fo]Sowiig cases:
Case No. 0046 - Revin nalr~in (Stewart Title) - (Third Violation) -
owner of property located at - vacant lot east of 700 Cavalla Read - in
violation of Sections 12-1-3 - high weeds, 23-36 - vegetation, and
12-1-6 -unsound fence. (At the meeting of Mardi 7, 1995 Stewart Title
was given until March 9, 1995 to bring the property into compliance or a
500.00 per day fine would be imposed).
Case No. 0085 - Joseph &mam - owner of property located at 1170
l Begonia Street - in violation of Sections 20-52, no occupational
license, 20-52.1 - inspections, aixl Florida Statute 489.127 -
Prohibitions; Penalties. (At the meeting of March 7, 1995 a fine of
¢250.00 per day boginninJ Felm:ary 9, 1995 and continuing each day that
the violation continued was imposed on Joscph Itinam) .
Case No. 0086 - Ii~bert W. Wiles -owner of property located at 347 Skate
Road - 'in violation of Section 24-163 -boat parked in front yard
setback and Section 12-1-3 -depositing of yard trash in yard, i. e.
tree limbs and mulching material. (At the meeting of March 7, 1995
Robert W. Wiles was given until the ecd of the day of March 15, 1995 to
bring the property into oortQlianoe or a ;50.00 per day fine would be
imposed.)
4. New Business
Case No. 0087 -Archie IEe -owner of property located at 752 Cavalla
Road - in violation of several sections of Standard Housing Code
relative to the interior of the premises. Items are still in violation
from the date of notification of February 6, 1995. No inspection of
premises has been called for, and the unit is occupied without
inspection.
Case No. 0088 - David M~~~ +» - owner of property located at 370
Sargo Road - in violation of Section 12-1-(7) -Abandoned vehicles.
Case No. 0089 - waltrs and Ibse m~~~k~ -owners of property located at
l 422 Sargo Road - in violation of Section 24-163 - boat parked in front
yard setback.
Cods Enforcement Agenda
Page 2; May 2, 1995
Case No. 0090 -Rita Elitech -owner of property located at 386 Sargo
Road - in violation of Section 12-1-(7) -abandoned vehicles.
Case No. 0091 - Joseph J. Romano -owner of property located at 1170
Begonia Street - in violation of Section 12-1-(7) -outside storage of
building material (stored behind open gate off Tulip Street); Section
16-7 -depositing of building material.
5. Request for lien action:
Name Property Description Amount
Stewart Title Company Vacant lot East of 700 Cavalla Rd. $5,000.00
6. Board l~nbers Comments
7. Adjourrmm~t
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
MAY 2, 1995
CALL TO ORDER: Present: Edward Martin, Chairman
Heywood Dowling, Jr.
Barbara Bonner
Theo K. Mitchelson
Kathleen Russell
Lou Etta Waters
Absent: John Venn
And: Suzanne Green, Prosecuting Attorney
Alan Jensen Legal Counsel to Board
Don Ford, Building Official
Karl Grunewald, Code Enf. Officer
Trudy Lopanik, Secretary
1. Approval of lllnutes of January 3. 1995.
A motion was made, seconded, and passed to approve the minutes of the
meeting of January 3, 1995.
r 2. Recognition of Visitors and Guests regarding any matters that are
not listed on agenda.
Richard Johnson, 857 Bonita Road, indicated there was a problem on
Bonita Road of a vacant home, overgrown shrubbery, dunk cars, and the
sale of drugs. He indicated the two problem homes were 845 Bonita Road
and 836 Bonita Road, which was a vacant house. Karl Grunewald indicated
the city was aware of the problems; he indicated the owner of 845 Bonita
was notified by certified mail to correct problems, and that the owner
of 836 Bonita, which was a vacant home, was notified the grass had to be
cut.
When asked if the vacant property at 836 Bonita could be condemned, Mr.
Grunewald indicated the building had not fallen below the Standard
Housing Code and thus the city was not able to enter the property or
condemn the house. Issac Green, 824 Bonita, explained he lived across
the street from 836 Bonita and he indicated people were sleeping in the
house, and that there was a problem of people using drugs. The Board
urged Messrs. Johnson and Green to contact David Thompson, Chief of
Police
Mr. Martin explained the Board was allowed to deal with City Codes,
only. He indicated Mr. Grunewald would be able to inspect the
properties and cite them only if a violation existed. He suggested that
perhaps locking the gate to the vacant house at 836 Bonita would help
the situation. Mr. Grunewald added that if the building deteriorated
r. and fell into disrepair of Standard Housing Codes the city would be able
to address the problem more vigorously.
CODE ENFORCEMENT BOARD
MINUTES, MAY 2, 1995
PAGE 2
Following discussion it was decided Mr. Grunewald would meet Issac
Green at 11:00 a. m. Tuesday, May 3, 1995 so that Mr. Green and Mr.
Grunewald could check the overgrowth of hedges and examine the property
at 836 Bonlta.
Report from Ed Hartin, Chairman
Mr. Martin reported he had recently appeared at a meeting of the Code
Enforcement Review Committee. He felt there was a misunderstanding on
the part of some of the committee members with reference to the two
proposed ordinances that had recently been placed on the city commission
agenda. It was felt by some committee members that one ordinance
involved water bills, and Mr. Martin indicated he hoped that by
appearing at the meeting he was able to explain that the ordinance did
not refer to water bills. He explained the proposed ordinances would
not assist or benefit the Board in any way, but that the Information was
brought to the attention of the city in an effort to assist the city in
collecting outstanding liens.
Mr. Martin indicated he had recently attended a meeting of the Code
Enforcement Board of the City of Jacksonville, and he asked that
information be sent to him from Jacksonville so that he would be able to
pass it 'along to the Board. He explained Jacksonville read a preamble
at the beginning of their meeting for all cases to be heard. He also
indicated people plead guilty or innocent when their case was called. A
hearing was held only if a person plead not guilty.
3. Old Business•
Reports from the Code Enforcement Officer:
Case No. 0046 - Kevin Baldwin (Stewart Title) - (Third Violation) -
owner of property located at - vacant lot east of 700 Cavalla Road - in
violation of Sections 12-1-3 - high weeds, 23-36 - vegetation, and
12-1-6 - unsound fence. Mr. Grunewald reported Stewart Title was fined
$500 per day at the meeting of March 7, 1995. He indicated the debris
was not cleared and the fence that was in violation was not replaced,
and the fine was now over X5,000.00. He explained there was a request
on the agenda to lien the•property.
Mr. Grunewald reported the property had deteriorated further since the
property had been cited. Mr. Martin asked if Stewart Title had been
represented at the meeting of March 7, 1995, to which it was explained
Stewart Title did not attend the meeting. I[ was explained the lot
under discussion was 30' x 40' wide approximately.
Alan Jensen indicated Stewart Title indicated they were willing to
convey the land to the city. He recommended placing the lien against
the property and leaving it up to the city to decide if they would like
to accept the property.
A motion vas made, seconded, and passed to place lien in the amount of
;5,000 against Stevart Title Company.
CODE ENFORCEMENT BOARD
MINUTES, MAY 2, 1995
PAGE 3
~' Case No. 0085 - Joseph Romano - owner of property located at 1170
Begonia Street - in violation of Sections 20-52, no occupational
license, 20-52.1 - inspections, and Florida Statute 489.127 -
Prohibitions; Penalties.
Mr. Grunewald indicated Don Ford was not able to attend the meeting and
Mr. Ford had been handling the case of Joseph Romano. Mr. Grunewald
indicated he was aware that Mr. Ford had received two more complaints
indicating Mr. Romano had accepted money for roofing fobs but that he
had not performed the work. He indicated Mr. Romano had made no effort
to rectify the situation. The matter was postponed until the next
meeting.
Case No. 0086 - Robert W. Wiles - owner of property located at 347 Skate
Road - in violation of Section 24-163 -boat parked in front yard
setback and Section 12-1-3 -depositing of yard trash in yard, i. e.
tree limbs and mulching material.
Mr. Grunewald indicated Mr. Wiles was in compliance. The board accepted
Mr. Grunewald's report.
4. New Business:
Case No. 0087 -Archie Lee - owner of property
Road - in violation of several sections of
relative to the interior of the premises. Items
from the date of notification of February 6,
premises has been called for, and the unit
inspection.
located at 752 Cavalla
Standard Housing Code
are still in violation
1995. No inspection of
is occupied without
Mr. Martin read the case hearing procedure and all witnesses were sworn
in.
Karl Grunewald reported he had received complaints from tenants who
occupied the premises at 752 Cavalla Road in November, 1994. Upon
investigation it was determined the property was in violation of the
Standard Housing Code. He indicated the previous owner Joanne Strella,
indicated she had passed along the information of what had to be fixed
to the new owner, Archie Lee. She indicated while she was the owner a
lot of violations were caused by the tenants themselves. Mr. Grunewald
indicated he spoke to Archie Lee via telephone and told him that prior
to new tenants moving in the property had to be inspected. Mr.
Grunewald indicated the majority of items had been fixed by last
Thursday, April 27, 1995.
Mr. Grunewald indicated Mr. .Lee intended to attend the meeting, but that
he had poor health. It was determined the notification to attend was
sent via certified mail and was signed as being received by Betty Lee.
Mr. Grunewald indicated most items were cleared up but that the
bannister was loose, there was no fixture at the top of the stairs, and
there was no identification of circuits. He recommended giving Mr. Lee
time to fix the few remaining items and to impose a fine only if Mr. Lee
did not fix the items.
A motion was made. seconded, and passed to give Archie Lee 48 hours from
CODE ENFORCEMENT BOARD
MINUTES, MAY 2, 1995
PAGE 4
1 the date of verification of notification to repair the remaining items
and to call for an inspection of the Code Enforcement Inspector. If
the items were not repaired within 48 hours, a fine of ;50.00 per day
would be installed.
Mr. Martin read case hearing procedures for Case No. 0088 - David
HacDougall, Case No. 0090 - Rita Elitech, and Case No. 0091 - Joseph J.
Romano, and all witnesses were sworn in for all cases.
Case No. 0088 - David MacDougall - owner of property located at 370
Sargo Road - in violation of Section 12-1-(7) - Abandoned vehicles.
Mr. Grunewald reported the initial notification was made in September,
1994. The property was now in compliance, as reported by Mrs.
MacDougall, Mr. Grunewald reported. Mrs. MacDougall appeared before the
board and indicated the vehicle was moved from the property.
Mr. Grunewald recommended finding the defendant guilty but withholding a
fine. He indicated it was necessary for him to make an inspection to
determine the vehicle was not on the property.
A motion vas made, seconded, and passed to find the HacDougall's in
violation of Section 12-1-(7) of the code. If the property is found to
be in non-compliance of the code in the future it will be treated as a
second offense. No fined is to be levied pursuant to inspection of the
Code Enforcement Officer finding the property to be in compliance.
Case No. 0089 - Slalter and Rose Bukowski - owners of property located at
422 Sargo Road - in violation of Section 24-163 - boat parked in front
yard setback.
Mr. Grunewald asked that this case be postponed, as the tax rolls
indicated the Bukowski's were the owners of the property when in fact
the property had been sold.
Case No. 0090 -Rita Elitech - owner of property located at 386 Sargo
Road - in violation of Section 12-1-(7) - abandoned vehicles.
Mr. Grunewald reported there were two abandoned vehicles on the
property. Mrs. Elitech, he indicated, was not coherent to appear before
the board. He reported this had been an ongoing case, and it had been a
year since his original investigation of the property. He indicated
Kevin Rissmiller, grandson of Rita Elitech would give a presentation.
Kevin Rissmiller indicated Rita Elitech was his grandmother and the
owner of the property. His mother lived at the property also and had
health problems and visiting nurses came to care for both women. He
reported he had had a great deal of stress over the last year. He
explained his grandmother's coherence was limited. He indicated the
vehicles were his but that the titles to the vehicles were presently
held by a bail bondsman. He explained his grandmother called the police
and said he was trespassing in her home. He was arrested and charged
and was in fail for one night and was still fighting the case. He
indicated the titles were part of the bail. He asked for 90 days so
that he would have time to conclude the case. He would like to be found
innocent and regain the titles to the vehicles. He indicated the titles
CODE ENFORCEMENT BOARD
MINUTES, MAY 2, 1995
PACE 5
went to the bondsman on March 23, 1995.
When asked what was wrong with the vehicles Mr. Rissmiller indicated the
tires were low on air, the vehicles were rusted, and other small
problems, but that the vehicles would be able to be used.
Mr. Martin explained a time frame of 90 days would be difficult to give
because the board met in 60 days.
A motion vas made, seconded, and passed that the property vas found to
be in violation of Section 12-1-(7). No action would be taken at this
time but Revin Rissmiller will give a report to the board at its neat
meeting in 60 days time.
Case No. 0091 - Joseph J. Romano - owner of property located at 1170
Begonia Street - in violation of Section 12-1-(7) - outside storage of
building material (stored behind open gate off Tulip Street); Section
16-7 - depositing of building material.
Karl Gunewald passed out photographs of the property. He indicated he
sent a notice for the violation on August 4, 1994. He explained Mr.
Romano was having difficulties, and Mr. Grunewald indicated he was
trying to separate the man from his family. He asked the board to act
pursuant to Florida Statute 162, (attached hereto and made a part
hereof). He indicated Mr. Romano was guilty but he requested that the
city clean up the property because it was a health and safety hazard.
~"` He felt that placing a fine on the property would not be productive in
any way at all, and would only put a burden on the wife and children.
He indicated there was an outstanding $2,000 garbage, water, and sewer
bill. He felt that any action against Mr. Romano was action against his
family, as well.
It was suggested the city clean up the property and that the city would
receive compensation for cleaning up the property by placing a lien
against the property. He explained a lien could remain on the property
for 20 years. He indicated Mr. Romano was no longer in the roofing
business. He felt the situation was a public nuisance and health
hazard. Alan Jensen, City Attorney, advised if the property was a
health hazard the city could clean the property.
A motion vas made, seconded, and passed to find the property in
violation of Section 12-1-7 and 16-7 of the Code. The property was
found to be a health hazard pursuant to Florida State Statute 162.06(4),
and it vas voted to request the city to take whatever action vas
necessary to clear the property, with the cost of clearing the property
to be brought back to the city via a lien against the property, pursuant
to Florida State Statute 162.09(1).
5. Request for lien action:
Name Property Description Amount of
Stewart Title Company Vacant lot East of 700 Cavalla Rd. X5,000.00
r~ This was acted on earlier in the agenda.
CODE ENFORCEMENT BOARD
MINUTES, MAY 2, 1995
PAGE 6
~` 6. Board Members Comments
7. Adjournment
There being no further business Mr. Martin adjourned the meeting at 9:15
p. m..
G. E. Martin
Chairman Code Enforcement Board
A T T E S T;
Trudy Lopanik