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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