11-05-91 v CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD
AGENDA
7:30 PM, NOVEMBER 5, 1991
Call to order
Pledge to the Flag
Roll Call
1 . Approval of the minutes of the meeting of September 3, 1991.
2. Recognition of Visitors and Guests
3. New Business:
A. Case No. 0022 - Mr. Charles Watson, owner of property
located at 210 Mayport Road and adjacent property, Atlantic
Beach, in violation of City Ordinance Section 12-1, for a
dangerous structure and Section 103.2. 1 of the Standard
Housing Code for unlawful storage.
B. Case No. 0020 - Mr. Forrest Thomas, owner of property
located at 45 Donner Road, in violation of City Ordinance
Section 12-1(7 ) , unlawful storage of junk vehicles.
C. Case No. 0023 - Mr. Ray A. Vern, owner of property located
at 851 Plaza, in violation of City Ordinance Section 12-
1( 7 ) , storage of abandoned vehicles ( 2nd violation) .
D. Case No. 0024 - Thomas L. Jackson, owner of property
located at 463 Irex Road, in violation of City Ordinance
Section 12-1( 7) , unlawful storage of abandoned vehicles.
4. Definition of Junk Vehicles - Suzanne Bass
5. Board Members Comments
6. Adjournment
MINUTES OF THE CODE ENFORCEMENT BOARD MEETING
HELD AT THE ADELE GRACE COMMUNITY CENTER
ON NOVEMBER 5, 1991 AT 7:30 PM
CALL TO ORDER Present: George Bull, Jr. , Chairman
Heywood Dowling, Jr.
Edward Martin
Herbert Moller
John Venn
And: Suzanne Bass, Prosecuting Attorney
Alan Jensen, Legal Counsel to Board
Don Ford, Code Enforcement Officer
Dorothy M. Strain, Secretary
Absent: Mattie Freeman, Excused
1 . Approval of Minutes of September 3, 1991 .
Mr. Dowling moved for approval of the minutes of September 3, 1991 as
written. The motion was seconded by Mr. Martin and carried unanimously.
* * * * * * * * * * * * *
2. Recognition of visitors and quests -
Mr. Bull welcomed Mr. George Worley, Community Development Director of
the City of Atlantic Beach, who was in attendance.
3. New Business:
A. Case No. 0022 - Mr. Charles Watson, owner of property located at 210
Mayport Road and adjacent property, Atlantic Beach, in violation of City
Ordinance Section 12-1, for a dangerous structure and Section 103.2.1 of
the Standard Housing code for unlawful storage. Mr. Bull read the case
hearing procedure and all witnesses were sworn in.
Ms. Bass began by stating the evidence would show that the case dated back
to the 1980 ' s and a thrift shop formerly rented one of the buildings. She
described the property, accumulated junk, had two ( 2 ) unsafe structures
which were contrary to the City Code.
Ms. Bass called Don Ford to testify. Mr. Ford stated he had received three
(3 ) complaints over the last five ( 5 ) years. He and the Fire Chief had
contacted the church-owned thrift store regarding the debris. At that
time, the tenants had made an effort to bring the property into compliance
but there still remained a considerable amount of debris. Mr. Ford
presented photographs taken in July, 1991 , which showed three ( 3 )
buildings which he defined as structurally unsafe. He stated the buildings
had been in this condition since 1985 and as of this date, they were still
in great disrepair; however, they had cleaned up much of the debris around
the buildings.
Code Enforcement Board Meeting
November 5, 1991
Page 2
Mr. Ford continued by saying that he and the Fire Chief met with Mr.
Watson about 3 weeks ago and Mr. Watson said the building was not currently
rented. Mr. Ford had asked Mr. Watson for a plan to bring the structures
into compliance. To date, Mr. Ford had not received a plan and the status
of the buildings remained a safety hazard to the public. Mr. Ford
explained the trailer park south of the property, which housed many
children, was not secured to keep people off the property.
Mr. Bull called on Mr. Charles Watson to give his statement.
Mr. Watson explained that the thrift store had been in business since 1979 .
During this time the thrift shop intended to utilize the other buildings
for storage, which he allowed. He stated the thrift shop changed hands
within the last year, and had became delinquent in the rent and would soon
have to vacate the premises. He claimed that they are in the process of
cleaning their possessions out of the buildings and he intended to hire a
contractor to advise him of what would be the best solution to his problem.
He thought the board may be able to give him suggestions of how to bring
his property into compliance with the City Code. Mr. Watson stated he did
not know the particulars of the violations but was aware that the buildings
were in desperate need of repair.
Mr. Watson stated there was a fence on the south side of the property
between his property and the trailer park. He mentioned that the
structures had wire mesh and boards on the downstairs windows to prevent
entrance. Mr. Ford expressed concern about the gate on the fence which had
been open for about six months.
Mr. Martin agreed that the property had been cleaned up about 70% but a
considerable amount of debris remained. Mr. Martin then asked what Mr.
Watson' s intended to do with the truck which had been parked on the
premises for some time. Mr. Watson explained that the truck belonged to
the church and he hoped that they would dispose of it.
Mr. Martin asked if the two structures that were not operated by the church
had ever been used for anything other than storage. Mr. Watson stated they
were only partially constructed. From the years of sitting, there had been
water damage and repairs were necessary. Mr. Martin also shared the
concern that the property was a safety hazard and the existing fence was
not adequate.
Mr. Bull stated that the property owner not the tenant, was responsible for
maintaining the property. He asked Mr. Ford if the structures had ever
been completed within code. Mr. Ford replied that they had not. Mr. Bull
asked in Mr. Ford ' s opinion was there substantial danger to the residents
of the neighborhood because of the access to the property, and was there
probability that there were rats and vermin in the buildings. Mr. Ford
responded that this was correct. Mr. Bull asked Mr. Watson if he had a
time table for the completion the buildings. Mr. Watson stated within six
Code Enforcement Board Meeting
November 5, 1991
Page 3
weeks he would make a decision of whether to destroy or renovate.
Mr. Dowling questioned the vehicles (the truck and blue car) on the
property. Mr. Ford stated that they could be tagged and towed in 10 days.
Mr. Dowling then asked what the procedure was to begin condemnation and
what costs were involved for the City. Ms. Bass responded that she had
spoken to the City of Jacksonville and their procedures were lengthy, and
Mr. McDonald (official with the City of Jacksonville) indicated that the
City of Atlantic Beach may want to enter into a subcontract with
Jacksonville.
Mr. Dowling felt that condemnation proceedings should be started at this
time so that there would not be a time lapse should Mr. Watson fail to
present a solution to this matter. Mr. Bull stated that the Board did not
have the authority to suggest condemnation. Mr. Ford replied the he had
the authority as the building official to condemn, which takes about six
months.
Mr. Ford explained that the two structures were in need of destruction or
renovation. The materials had aged over the years and with the second
floor exposed the materials had been weathered. He stated that the
building in which the thrift shop operated, would not be able to obtain an
occupational license without major renovations. At this time, the thrift
store' s Atlantic Beach occupational license had lapsed by the City of
Atlantic Beach.
Mr. Bull recommended that Mr. Watson secure the property within a week.
Mr. Watson stated the thrift shop was secured by a security system and but
would arrange to secure the other structures.
Mr. Watson asked that the condemnation be delayed until he could acquire
legal counsel . Ms. Bass explained that if the condemnation was initiated
his property would not be immediately affected. He would have multiple
opportunities to bring the property into compliance.
Mr. Bull moved that (1) all debris and inoperable vehicles be removed, (2)
the property and buildings must be fenced in and secured to the approval of
Don Ford, Code Enforcement Officer, within seven (7) days of this meeting
(November 12, 1991) , and (3) within six weeks (by December 17, 1991) the
Code Enforcement Officer must be notified of what action will be taken to
bring the two (2) structures, which are presently a safety hazard, into
compliance with the city codes. Evidence of financial capability, along
with a realistic schedule for the destruction or renovation of these two
(2) structures must also be included.
Mr. Dowling moved to amend the motion to state if the debris and the car
and the truck are not removed by November 16, 1991 a fine of $50.00 will
begin on the 17th. The motion was seconded by Mr. Venn and the motion
carried unanimously.
Code Enforcement Board Meeting
November 5, 1991
Page 4
Mr. Dowling moved to recommend to the Code Enforcement Officer, Mr. Ford,
to file the condemnation proceedings on the buildings in question. The
motion was seconded by Mr. Bull and carried on a 4 - 1 vote with Mr. Venn
voting nay.
Mr. Bull instructed Mr. Watson to pick up the Order from City Hall the
following day, which would fully explain what needed to be done to bring
the property into compliance.
3.B. Case No. 0020- Mr. Forest Thomas, owner of property located at 45
Donner Road, in violation of City Ordinance Section 12-1(7) , unlawful
storage of junk vehicles. Mr. Ford requested action on this case be
deferred until the next meeting. Because of difficulties serving Mr.
Thomas. The board concurred.
3.C. Case No. 0023 - Mr. Ray A. Vern, owner of property located at 851
Plaza, in violation of City Ordinance Section 12-1 (7) , storage of abandoned
vehicles (2nd violation) . Before the case was heard, Ms. Bass explained
that Mr. Vern was in the U.S. Navy and believed at the moment was deployed.
She stated the Notice of Hearing was signed by someone who knew Mr. Vern.
At this time, she could not present to the board that Mr. Vern knew of this
meeting. This case was withdrawn from the agenda.
4.D. Case No. 0024 - Thomas L. Jackson, owner of property located at 463
Irex Road, in violation of City Ordinance Section 12-1 (7) , unlawful of
abandoned vehicles. Mr. Dowling read the case hearing procedure and all
witnesses were sworn in.
Ms. Bass presented her case by stating that the violations had reoccurred
several times. She stated that three vehicles on the property were not
licensed, had no tags and were inoperable.
Mr. Ford gave the history of the case which dated back to 6/20/91 . He
stated the junk vehicles had been stored on the right of way and in the
yard. Mr. Ford reported he had notified Mr. Jackson, in writing, on June
27, 1991 which indicated that the property was in violation and requested
that he contact him. The notice gave Mr. Jackson 30 days to be in
compliance with the City Code. Mr. Ford submitted to the board photographs
which were taken on this date. The photos showed two vehicles in the back
yard which in July were in the front yard.
Mr. Jackson presented one of two letters he had received from Mr. Ford.
He explained that the first letter he received mentioned one junk vehicle.
The second letter he received said "unlawful storage of abandoned
vehicles" . Mr. Jackson explained that one vehicle tagged by Mr. Ford had
been moved and he did not know what other vehicles Mr. Ford thought were in
violation. He stated that he was a mechanic on the side. Of the three
vehicles Mr. Ford indicated, Mr. Jackson stated one did have a tag, a 1976
Regal. He explained the Volkswagen Bug did not have a transmission and his
Code Enforcement Board Meeting
November 5, 1991
Page 5
intentions were to repair it and the Nova did not belong to him and was no
longer there.
Ms. Bass questioned Mr. Jackson about being a mechanic at his property on
Irex Road and asked if he had an occupational license with the City. Mr.
Jackson stated he buys vehicles and repairs and sells them. Ms. Bass asked
for clarification of his reply.
Mr. Jackson was advised that he was required to be permitted with the City
to operate a business out of his home. Mr. Jackson felt that buying one
vehicle and selling it was not a business. Ms. Bass asked if Mr. Jackson
had ever tried to contact Mr. Ford regarding the letter of violation which
dated June 27, 1991 . He responded that he had attempted once but was
unable to reach Mr.Ford. Mr. Ford said his office did not have a record of
this call .
Mr. Jackson stated after receiving the first letter he had cleaned up the
property and did not hear further from the Mr. Ford. Then he received the
Notice of Hearing in October saying he was in violation and was being
brought before the board. He felt that he had never been advised on which
vehicles were in violation.
Ms. Bass clarified the status of each vehicle. The volkswagen had not been
tagged since 1985 and 1976 Regal did not have a current license plate.
Mr. Bull asked for comments from the board.
Mr. Martin questioned Mr. Jackson about the two vehicles which were being
called junk. Mr. Jackson responded that the two vehicles in the yard were
not legally tagged, and one of the vehicles, the volkswagen, was not
visible. Mr. Martin said at 5 : 00 PM this evening, he could see the two
vehicles from the street without difficulty.
Mr. Jackson stated once the transmission was installed in the volkswagen
then he would hand it over to his nephew in Kentucky, during Spring break.
He stated he would sell the Regal for parts.
Mr. Martin asked Mr. Jackson if in the past, he had ever bought any
vehicles, did repairs and then sold the vehicle. Mr. Jackson said no.
Mr. Dowling asked if all vehicles were operable and Mr. Jackson responded
they were.
There was brief discussion on how many vehicles were on the property,
whether they were operable and who owned them. Two of the six were not
currently licensed, but Mr. Jackson stated they were operable.
Mr. Bull suggested that Mr. Jackson take the time and meet with Mr. Ford to
determine which vehicles were in violation and what action could be taken
to correct the problem.
Code Enforcement Board Meeting
November 5, 1991
Page 6
Mr. Dowling asked if the ordinance allowed the City to remove unlicensed
vehicles whether or not they were operable. Mr. Ford responded that they
are be tagged with a 10 day notice and are towed unless they are
undercover. If the vehicle is stored underneath a carport it was
considered to be uncovered.
Mr. Bull advised Mr. Jackson to store the vehicles under the carport to
prevent them from being towed.
Mr. Bull moved that the City had not presented to the Board that junk
and/or abandoned vehicles were on this premises. Motion died for lack of a
second.
Mr. Dowling moved that the two unlicensed vehicles be removed within 10
day. Motion died for lack of a second.
Mr. Martin moved that Mr. Jackson remove or change status of the two
vehicles in question within 30 days, and second, Mr. Jackson is to work
with Mr. Ford and take whatever affirmative action necessary to bring this
property into compliance with the City Code. The motion was seconded by
Mr. Moller and carried on a 4 to 1 vote with Mr. Bull voting nay.
Mr. Bull instructed Ms. Strain, Secretary, to type an order and mail it
certified mail to Mr. Jackson as soon as possible, so that he knew exactly
what the board expected to be done.
* * * * * * * * * * * * * * *
4. Definition of Junk Vehicles - Suzanne Bass
Ms. Bass reported that the reason this appeared on the agenda was because
of the controversy at the last meeting on the definition of a junk vehicle.
She canvased surrounding cities to obtain their definition of junk
vehicles. Ms. Strain had mailed a copy of those findings earlier to each
Board member. Ms. Bass thought the Board could to use these definitions
in a common sense manner along with the facts the Board hears from the
alleged violators and Mr. Ford, to make the determination. Mr. Bull stated
he would rather see it in the ordinance. Ms. Bass suggested the Board ask
the City Commission to amend the code.
Mr. Dowling agreed that a broader interpretation of the law pertaining to
junk vehicles was needed.
Mr. Martin thought the definition such as "a junk vehicle is unlicensed and
inoperable" , would cause a problem with each case because of their
individuality. He said on a ride around the City one would see that this
problem was not limited to a couple of people.
Mr. Bull suggested a letter be given to the City Commission stating "90% of
our cases deal with junk vehicles and we do not have a firm definition of
Code Enforcement Board Meeting
November 5, 1991
Page 7
what a junk vehicle is and this is a recommendation of what the Code
Enforcement Board would like the ordinance to read" .
Mr. Martin suggested to say that the Board is going to adopt it and use it
as our standard whether its put into the ordinance or not.
Mr. Dowling suggested that the Board use the information distributed by Ms.
Bass while the Commission goes through the process of changing the City
Code.
Brief discussion continued of how the code should read.
Ms. Bass suggested that Alan Jensen, City Attorney, should draft an
amendment to the code. Mr. Bull suggested sending the two definitions from
Jacksonville Beach and Jacksonville to Mr. Jensen and asking him to combine
the two into one ordinance. Mr. Bull suggested the Board not hear any
other cases pertaining to junk articles until the City amends the code.
Mr. Bull requested that Mr. Jensen be notified before the next Board
meeting in January, 1992.
Ms. Bass asked if the Board was suggesting that the Code Enforcement
Officer not bring any junk vehicle issues to them until this issue was
resolved. Mr. Bull suggested that the Board not hear any case pertaining to
this issue until the board received a response from the Commission.
* * * * * * * * * * * * * *
5 . Board Members Comments
- Mr. Martin apologized to the board regarding the most recent City
elections. He stated that in conformity with the sign ordinance he posted
four signs and filed written approval with the City Manager. He went out
of town for a few days and in view of the total disregard of all the laws
by the opponents, his campaign workers added four or five signs illegally.
As a member of the Board, he felt strongly about abiding by all the City
ordinances. He did not want to be in a position of violation and being a
member of the board and judging other residents on their violations.
The Board discussed briefly the vacant seat on the Board (Willie Miley' s
seat ) and as of this date there had not been a replacement. It was
suggested that it be placed on the next City Commission agenda because
there is a possibility another board member may be leaving which would
leave two vacant seats.
- Mr. Dowling requested that when the agenda packets are sent, backup
material with each case should also be provided so that the Board members
could review the case history.
Code Enforcement Board Meeting
November 5, 1991
Page 8
5. Adjournment - There being no other b iness to come before the Board,
the meeting was adjourned at 9 : 40 p.m.
kAy
eorge Bull, Jr.
ATTEST:
Dorothy M. Strain