07-11-85 v AGENDA
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH
JULY 11, 1985
Call to Order
Pledge to Flag
Roll Call
1. Approval of Minutes of June 27, 1985
2. Recognition of Visitors and Guests
3. Unfinished Business
4, New Business
1. Maurice Mc Coy, 798 Triton Road, Atlantic Beach
Lot 12, Blk 14, Royal Palms Unit 2A
File No, 6850004
2. Earl B Hooten, II, 172 Sixth St„Atlantic Beach
W 2 Lot 6, Blk 19, Atlantic Beach
File No, 6850503
5. Board Members Comments
6. Adjourn
MINUTES OF THE MEETING OF THE CODE ENFORCEMENT BOARD
HELD AT THE CITY HALL ON JULY 11, 1985 AT 7:30 P.M.
CALL TO ORDER The meeting was called to order by Chairman George Bull, Jr.
followed by the pledge to the Flag.
ROLL CALL: PRESENT: George Bull, Jr. , Chairman
Marjorie Dunson
Alan Potter
Allen Salfer
Jerome R. Stravye
Willie E. Davis
Fred Mills, Members
AND: Claude L. Mullis, Counsel to the Board
Suzanne Bass, Prosecuting Attorney for the City
Adelaide R. Tucker, Secretary
Approval of Minutes of June 27, 1985
Mr. Mullis noted there was a correction of the minutes, that is, that
Mr. Mills was indeed excused from the last meeting due to being in a
severe storm which prevented him from being at the meeting. No action
was taken in regard to the minutes of the meeting of June 27, 1985,
Recognition of Visitors - Mr. Bull duly recognized the presence of the
Mayor of the City of Atlantic Beach
Unfinished Business: Mr. Bull announced that starting with the next meeting
of the Code Enforcement Board, each member of the Board as well as all the
public in attendance, will refrain from smoking during the meetings in the
City Hall Chambers.
Chairman Bull stated that any member of this Board is not supposed to, by
law, seek out any violations, take responses from any people that have
complaints about violations, or discuss cases either prior or during an
investigation. He reiterated that the responsibility of this Board is to hear the
cases and act on the cases and not seek out or hunt or do anything of that
nature to bring a case to this Board.
New Business:
Hearing in the Case of Mrs. Maurice McCoy, 798 Triton Road, Atlantic Beach
in Violation of Section 12-1(7) of the Ordinance Code of the City of Atlantic
Beach began with the notification that a court reporter was taking a record of
this hearing by stenographic notes. The City was represented by Suzanne Bass,
Prosecuting Attorney and the Respondent was noted as absent and without any
representation. The City submitted as Exhibit #1-a copy of the certified letter
sent to Mrs. McCoy, dated May 3, 1985, notifying her that the Code had not yet
been complied with. As Exhibit #2- a video film of the property taken that
very day (July 11, 1985). Neither witnesses nor testimony were presented to
the Board on behalf of the Respondent. The Board heard testimony from Chief
Royal, Code Enforcement Officer, in response to questions propounded by
Suzanne Bass, Prosectuing Attorney for the City. Chief Royal verbally responded
that the property was littered with used building materials. motor vehicle,
glass and similar items in violation of the Code. His testimony was corroborated
with video taped film of the property, taken July 11, 1985 which supported
his testimony. The Board heard from Mrs. Norma Wiley, of 490 Makao Drive,
who identified herself as the complaining party and offered her observations
about the subject premises which confirmed Chief Royal's testimony.
PAGE 2
• Code Enforcement Board Meeting
July 11, 1985
After hearing testimony by the witnesses, viewing video film of the property,
discussion and questions by the Board and the Prosecting Attorney, the Board
went into deliberation. Mr. Willie Davis moved that the Respondent was in fact,
guilty of violating the Code, and Mr. Jerome Strayve seconded the motion. Due
to the severity and magnitude of this case, Chairman Bull moved and Mr. Fred
Mills seconded the decision to notify the Respondent that she is to remove the
nuisance and debris at the site and bring the property into compliance with
Section 12-1 (7) within thirty (30) days from the day she receives this order.
If, after that time, she is still in violation, a fine of $50.00 (Fifty Dollars)
a day will be levied, not to exceed $5,000.00 (Five Thousand Dollars). Voting on
both motions was unanimous and the Case was declared Closed.
* * * * * * * * *
Hearing in the Case of Earl B. Hooten, II, 172 Sixth Street, Atlantic Beach in
Violation of Sections 24-65 as well as 24- 105 of the Ordinance Code of the City
of Atlantic Beach began with the notification that a court reporter was taking a
record of this hearing by stengraphic notes. The City was represented by Suzanne
Bass, Prosecuting Attorney and the Respondent, Mr. Earl B. Hooten, II represented
himself in person. Chief Wayne Royal, Code-Enforcement Officer was a witness for
the City. The Respondent expressed his desire to invoke the rule to exclude all
witnesses for the City, except Chief Royal, as City Representative, from the
Hearing Chambers until called upon. The Board heard testimony from Mr. Hooten
purporting that he was told he did not need a building permit when he began
improvements to his home, back in 1979, 80 or 81. He admitted to the fact that
he did not acquire a building permit and he proceeded to construct a deck that
was clearly in violation of the code, but demanded that the record shows this was
not a willful act. The Respondent offered mitigation. Chief Royal, as a witness
for the City, stated that the City has searched the records for a declaration
of a variance or exception on this property and has found none. The City
submitted as Exhibit #1- a copy of the Survey Map of the property as it appears
at this time and as Exhibit #2- the abstract Title examination from the Record
Books of Duval County, since 1936, that shows no variance and no plat record-
ings back to 1936. After deliberation, the Board offered the Respondent the
opportunity to apply for a variance to allow him to construct steps as they
originally existed or whatever is permissable to allow him some garceful
entrance to this upstairs level, by going before the Board of Adjustments,
and further, that he remove tha porch that is clearly in violation. This order
was accompanied with a period of 90 (Ninety) days in which to comply with the
Sections of the Ordinance that are indeed in violation. After that time, if he
is still in violation, a fine of $50.00 (Fifty Dollars) a day will be levied,
not to exceed $5,000.00 (Five Thousand Dollars) . The motion was made by Mr.
Mills and seconded by Mr. Potter. Voting on the motion was unanimous and the
Case was declared Closed
* * * * * * *
Mr. Mills made a motion to adjourn and Chairman Bull •: lle' the meeting adjourned
at 10:15 P. M.
Al /
AdiLAGeorge B , Jr.
Chairman/Presiding Officer
ATTEST:
Adelaide R. Tucker, Secretary