11-02-92 v r
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD
AGENDA
7:30 P. M. , NOVEMBER 2, 1992
Call to order
Pledge to the Flag
Roll Call
1. Approval of the minutes of the meeting of September 1, 1992.
2. Recognition of Visitors and Guests
3. Old Business:
a. Case No. 0022 - Charles Watson - update on condemnation
concerning property located at 210 Mayport Road and adjacent
property. Code Enforcement Inspector will give a report.
b. Case No. 0040 - James Smith, owner of property located at Lot
11, Block 4, Donners Replat, RE#172244-0000, ( found in
violation of Section 23-36 of the City Code, for high weeds,
trash, and debris continuously present on the property, at the
Board meeting of September 1, 1992. The Board voted to
give James Smith 10 days, until September 12, 1992 to come
into compliance, or be fined $25.00 per day. ) Code
Enforcement Inspector will give a report.
c. Case No. 0041 - Alvin G. Archibald, owner of property located
at 754, 756, 758, 760, 762, 764 Cavalla Road, ( found in
violation of Section 12-1-1, 24-1-7, 12-1-6, and 12-1-3&6 of
the City Code, for animal feces; rear fence dilapidated or
missing; rotted -facia and soffit board; 4 x 4 post supporting
rear roof, decaying at base, and roof deteriorated, at the
Board ,meeting of September 1, 1992. The Board voted to fine
Mr. Archibald $50.00 per day beginning September 2, 1992 and
continuing until the property is brought into compliance. )
Code Enforcement Inspector will give a report.
d. Case No. 0045 - Laurie A. Murray, owner of property located at
750 and 752 Cayalla Road, ( found in violation of Section 12-1-
3&6, 24-1-7, 12-1-6, and 12-1-7 of the Code, for: roof
deteriorated, rear fence dilapidated or missing; rotted facia
and soffit board; 4 x 4 posts supporting rear roof decaying at
base, old range on porch at 750 cavalla, at the Board meeting
of September 1, 1992. The Board voted to give Laurie Murray
Page 2
Code Enforcement Agenda
November 2, 1992
one week to meet with Code Enforcement Inspector to agree on
repairs to be made. Thirty days were given, after meeting with the
Inspector, to bring the property into compliance, including
agreement on what is to be done with the roof) . Code Enforcement
Inspector will give a report.
e. Case No. 0032 - Mr. L. Burke, owner of a lot located on
Cavalla Road, a/k/a Lot 3, Block 26, Replat Royal Palms Unit
2A, in violation of Section 24-1-7 of the code, for rear fence
dilapidated or missing. On agenda of the August 4, 1992
Board meeting, but unable to deliver notice. Code Enforcement
Inspector will give a report.
4. New Business
a. Case No. 0047 - Walter Barnes, owner of property located at
421 Sargo Road, in violation of Section 12-1-7, building
material stored in yard, and Section 24-163A5, building
material.
b. Case No. 0048 - Arthur Davis, owner of property located at 65
Edgar Street #293, , in violation of Section 12-1-7, cars and
trash.
c. Case No. 0049 - Chris Moale, complaint filed by Mrs. Chantell
Hook of 150 12th Street, indicating Mr. Moale contracted with
her to remodel her home at 150 12th Street. Inspection
indicates remodeling work has been started but not completed,
no permit has been pulled for this job, and Mr. Moale does not
hold a current building contractor' s license. In violation
of Chapters 489. 127, 489. 117, 489 . 113 of the Florida Statutes.
d. Case No. 0050 - Dana Angel, owner of property located at 310
Plaza Street, in violation of having a storage container in
front yard.
5. Board Members Comments
6. Adjournment
MINUTES OF THE CODE ENFORCEMENT BOARD MEETING
HELD AT THE ATLANTIC BEACH CITY HALL
ON NOVEMBER 2, 1992
CALL TO ORDER Present: George Bull, Jr. Chairman
Barbara Bonner
Edward Martin
Heywood Dowling, Jr.
Herbert Moller
John Venn (excused absence)
Gene Montanye (excused absence)
And: Suzanne Worrall Green, Prosecuting
Attorney (excused absence)
Alan Jensen, Legal Counsel to Board
Don Ford, Code Enforcement Officer
Karl Grunewald, Code Enforcement
Officer
Trudy Lopanik, Secretary
1. Approval of Minutes of September 1, 1992.
A motion was made, seconded, and passed to approve the minutes of the meeting
of September 1, 1992.
2. Recognition of visitors and guests -
There were no visitors or guests.
3. Old Business:
a. Case no. 0022 - Charles Watson, owner of property located at 210 Mayport
Road, in violation of Section 103.2.1. of the Standard Housing Code and 12-1
(8) of the City Code - Code Enforcement Inspector will give a report.
Don Ford reported Mr. Watson was present in the audience. Mr. Ford reported
he had met with Mr. Watson and Mr. Watson intended to tear down the property.
Mr. Ford indicated it would have been very expensive for the city to tear
down the property, and he was satisfied to have Mr. Watson do the work
himself. A discussion ensued and Mr. Watson indicated he intended to start
with the building on the north side and proceed to tear down three buildings.
A discussion ensued concerning the fine that was imposed on Mr. Watson of
$5.00 per day beginning May 11, 1992 until a plan to either remodel or remove
the structures was presented to Don Ford, and it was felt since Mr. Watson
met with Mr. Ford and indicated his intention to tear down the buildings, it
would not be necessary to impose the fine. Mr. Ford indicated Mr. Watson had
shown good faith.
Code Enforcment Board
November 2, 1992
Page 2
A discussion was held concerning the time frame Mr. Watson should have to do
the work. It was felt four months would be adequate, with progress monitored
by the Codes Enforcement Inspector, and if work did not progress accordingly,
a fine would begin.
Motion: Allow Mr. Watson four (4) months to tear down
and remove three buildings. Code Enforcement Inspector
will monitor the progress on a month by month basis. If
work does not start or progress with some kind of
consistency, the board might have to institute a fine
Mr. Dowling suggested Mr. Watson hire a demolition company to tear down the
buildings, and have an agreement that payment would be secured by placing a
lien against the property, to be collected at a later time when the property
was sold. Mr. Watson was receptive to this idea and indicated he would
pursue discussion with demolition companies.
The question was called and the motion carried unanimously.
It was suggested Mr. Watson could come back to the Board prior to March 1,
1993, should he wish to appeal the decision of the Board or ask the Board to
amend their decision.
b. Case No. 0040 - James Smith, owner of property located at Lot 11, Block
4, Donners Replat, RE#172244-0000, (found in violation of Section 23-36
of the City Code, for high weeds, trash, and debris continuously
present on the property, at the Board meeting of September 1, 1992.
The Board voted to give James Smith 10 days, until September 12, 1992 to
come into compliance, or be fined $25.00 per day. )
Don Ford reported James Smith did not bring his property into compliance
until September 23, 1992. The board discussed the fine that had been imposed
of $25.00 per day beginning September 12, 1992, and it was decided the fine
should not be forgiven, and that a fine of $250.00 should be imposed against
James Smith.
c. Case No. 0041 - Alvin G. Archibald, owner of property located at 754,
756, 758, 760, 762, 764 Cavalla Road, (found in violation of Section 12-
1-1, 24-1-7, 12-1-6, and 12-1-3&6 of the City Code, for animal feces;
rear fence dilapidated or missing; rotted facia and soffit board; 4 x 4
post supporting rear roof decaying at base, and roof deteriorated, at
the Board meeting of September 1, 1992. The Board voted to fine Mr.
Archibald $50.00 per day beginning September 2, 1992 and continuing
until the property is brought into compliance. )
Karl Grunewald reported to date Alvin Archibald had done nothing to bring the
_ property into compliance. The board decided that the fine imposed against
Code Enforcment Board
November 2, 1992
Page 3
Alvin Archibald of $50.00 per day beginning September 2, 1992 and continuing
until the property is brought into compliance, would remain active.
d. Case No. 0045 - Laurie R. Murray, owner of property located at 750 and
752 Cavalla Road, (found in violation of Section 12-1-3&6, 24-1-7, 12-1-
6, and 12-1-7 of the Code, for: roof deteriorated, rear fence
dilapidated or missing; rotted facia and soffit board; 4 x 4 posts
supporting rear roof decaying at base, old range on porch at 750
Cavalla, at the Board meeting of September 1, 1992. The Board voted to
give Laurie Murray one week to meet with Code Enforcement Inspector to
agree on repairs to be made. Thirty days were given, after meeting with
the Inspector, to bring the property into compliance, including
agreement on what is to be done with the roof) .
Karl Grunewald reported Laurie Murray had brought his property into
compliance to the satisfaction of the Code Enforcement Officer. He added Mr.
Murray placed a new roof on his two units. George Bull asked the Secretary
to write a letter to Mr. Murray thanking him for his cooperation and quick
response.
e. Case No. 0032 - Mr. L. Burke, owner of a lot located on Cavalla Road,
a/k/a Lot 3, Block 26, Replat Royal Palms Unit 2A, in violation of
Section 24-1-7 of the code, for rear fence dilapidated or missing. On
agenda of the August 4, 1992 Board meeting, but unable to deliver
notice.
It was reported the Code Enforcement Department was not able to serve L.
Burke. Steps had been taken to try to locate him but two notices had been
sent and had been returned. The Board would like Mr. Burke to be subpoened
if it is possible to locate him.
4. New Business
a. Case No. 0047 - Walter Barnes, owner of property located at 421 Sargo
Road, in violation of Section 12-1-7, building material stored in yard,
and Section 24-163A5, building material.
George Bull read the case hearing procedure for Case No. 0047, Walter Barnes,
and all witnesses were sworn in. Suzanne Green reported the property had a
fence around it, however, part of the property was open to the public and
building materials were being stored and visible to the public. Don Ford
reported after Mr. Barnes was notified building materials were being stored
on his property he closed the gate on his property. Mr. Ford reported to
date he had not been contacted to inspect the property.
Mr. Barnes explained he intended to build a storage shed and thus he had
building materials stored in a neat manner. He reported he called the Code
Code Enforcment Board
November 2, 1992
Page 4
Enforcement Inspector two times. He indicated he had 18 sheets of plywood,
16 4 x 4 ' s and 3 or 4 windows. Mr. Barnes indicated he had not applied for
a building permit but was waiting until he was ready to build. He indicated
the Code Enforcement Inspector made comments concerning his truck and he
wanted the Board to know the truck was insured, had an up to date tag, and
was in running condition.
The Board asked Mr. Barnes and Don Ford to meet and make arrangements to
inspect the property so that the issue could be resolved.
At this time Suzanne Green asked if Item C could be taken out of sequence and
discussed. She explained the witness in this case, Chantell Hook, had small
children and was eager to return home.
c. Case No. 0049 - Chris Moale, complaint filed by Mrs. Chantell Hook of
150 12th Street, indicating Mr. Moale contracted with her to remodel her
home at 150 12th Street. Inspection indicates remodeling work has been
started but not completed, no permit has been pulled for this job, and
Mr. Moale does not hold a current building contractor's license. In
violation of Chapters 489.127, 489.117, 489.113 of the Florida Statutes.
It was reported Chris Moale had been sent a Notice to Appear via Certified
Mail; however, the notice was apparently never accepted by Mr. Moale.
Suzanne Green indicated her desire to use a process server to deliver the
notice for the next meeting. The Board concurred and City Attorney Alan
Jensen advised the Board to deliver a Subpoena to Chris Moale, along with the
Notice to Appear. The Board indicated its desire that Chris Moale be served
to appear at the meeting of January 5, 1993.
b. Case No. 0048 - Arthur Davis, owner of property located at 65 Edgar
Street #293, , in violation of Section 12-1-7, cars and trash.
Mr. Dowling read the case hearing procedure for Case No. 0048, Arthur Davis,
and all witnesses were sworn in. Suzanne Green asked Karl Grunewald to
report concerning this property. Mr. Grunewald reported the property was in
compliance regarding the removal of trash but there was an abandoned vehicle
on the property.
Arthur Davis reported a 1982 Buick was his car and that he had an accident on
May 15, 1992. He indicated he intended to fix the car. With reference to
the abandoned Cadillac, he reported this car belonged to his brother-in-law
who had left the car on the property of Mr. Davis. The car was not in
running condition, but his brother-in-law had left town, Mr. Davis added.
Mr. Davis reported he made arrangements for the Cadillac to be removed and
this should be done between Monday, November 2, 1992 and Wednesday, November
4, 1992.
Mr. Bull asked Mr. Davis how long it would take him to fix the 1982 Buick to
which Mr. Davis indicated he intended to go to a junk yard as soon as he had
a spare moment and proceed to fix the car. He indicated the tag on the car
Code Enforcment Board
November 2, 1992
Page 5
was out of date, but this had happened since the accident occurred.
Motion: Allow Mr. Davis no more than five (5)
days, by November 5, 1992, to have Cadillac
removed from his property. Allow 45 days, by
December 17, 1992, to have 1982 Buick
repaired and in operational condition with a
current license tag
No discussion before the vote. The motion carried unanimously.
d. Case No. 0050 - Dana Angel, owner of property located at 310 Plaza
Street, in violation of having a storage container in front yard.
Mrs. Bonner read the case hearing procedure for Case No. 0050, Dana Angel,
and all witnesses were sworn in. Suzanne Green reported Dana Angel had
called and asked that Mrs. Green provide her with legal representation. Ms.
Green explained to Ms. Angel she would be unable to provide representation
because this would be a conflict of interest.
Don Ford reported the storage container was removed from the property and the
property was in compliance. The Board accepted Mr. Ford' s report and the
case was dismissed.
There being no further business the meeting adjourned at 9:00 p. m.
George Bull, Jr.
ATTEST;
Trudy Lopanik