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05-03-94(~`~ CITY OF ATLANTIC BEACf! CODE ENFORCEMENT BOARD AGENDA 7:30 P. M., MAY 3, 1994 Call to order Pledge to the Flag Roll Call Approval of the minutes of the meeting of Marcti 1, 1994 2. Recognition of Visitors and Guests regarding any matters that are not listed on agenda. 3. Old Business: Case No. 0034 - Richard A. Brown - owner of property located at 818 Cavalla Road, in violation of Sections 12-1-7, (Open Storage) - tires, air tank, fenders, trailer; 12-1-3 trash and debris in front yard; 12-1-1 - animal feces in rear of building, 21-24A, abandoned three wheel scooter in front yard; abandoned vehicle on trailer in fire lane on rear of property, and violation of Standard Housing Code Section 305-3-2 - rotted eaves over front portico. (Richard Brown was found in violation of Section 12-1-7, 12-1-3, and 12-1-1 of the code at the meeting of March 1, 1994. He was given until March 10, 1994 to bring the property into compliance or a fine of $100.00 per day would begin. Subsequently, Richard Brown was granted an extention of time by Chairman Edward Martin, until April 1, 1994, to bring the property into compliance, after which time if compliance had not been achieved the fine of $100.00 per day would commence. Tt~e property is still not in compliance.) Case No. 0068 - John Shields - owner of property located at 725 Redfin Drive, in violation of Section 12-1-7 - miscellaneous trash on the property (tires, mattress, chairs, and other items) - (John Shields was found in violation of Section 12-1-7 of the Code at the meeting of March 1, 1994. He was fined $100.00 and was given until March 9, 1994 to bring the property into compliance or a fine of $100 per day would begin). Code Enforcement Officer will give a report. Case No. 0069 - David Thomas (Occupant) - occupant who is renting property located at 872 Bonita Road, in violation of Section 12-1-7 - outside storage of file cabinets and other miscellaneous items. (David Thomas was found in violation of Section 12-1-7 of the Code at the meeting of March 1, 1994. tie was fined $50.00 and was given until March 17, 1994 to bring t1~e property into compliance or a fine of $50.00 per day will begin). Code Enforcement Officer will give a report. r Agenda - Code Enforcement Board ,~~ Case No. 0070 - Willie }[obbs - owner of property located at 410 Sargo Road, in violation of Section 12-1-6 - attraction detrimental to human beings; 12-1-7 - abandoned property; 12-1-8 - structurally dangerous, unsafe, dilapidated, unsanitary, vermin infested, hazard to public health and safety, i.e., dilapidated trailer in rear yard. (Willie }Iobbs was found in violation of Sections 12-1-6, 12- 1-7 and 12-1-8 of the Code at the meeting of March 1, 1994. She was given until April 18, 1994 to bring the trailer into compliance). Code Enforcement Officer will give a report. Case No. 0042 - Ernest D. }farden- owner of property located at 714 Cavalla Road. Edward Martin, Chairman, will give a report relative to the purgery case regarding Charles Buterbough, the contractor who represented Ernest }iarden. 4. New Business Case No. 0071 - Mike Ashourian- owner of property located at 1069 Atlantic Boulevard (Ashland) and 1073 Atlantic Boulevard(Atlantic Beach Mini Storage) in violation of Section(s)- 12-1-7 - ABANDONED VEHICLES, UNREGISTERED, INOPERABLE VEHICLES STORED (T}SIRTY IN NUMBER); SECTION 12-1-(6)- TRASH AND DISCARDED AUTOMOBILE PARTS AND SECTION 24-111- ZONING I.E., NO OPEN STORAGE. (This is a reoccurring violation with the Code Enforcement Department) Case No. 0072 - Cynthia Watson a/k/a Cynthia Sutton- owner of property located at 702 Cavalla Road in violation of Sections -12-1-7 - (OUTSIDE STORAGE OF BUILDING MATERIALS) I.E., PAINT CANS, DOOR, DRYWALL, PLYWOOD, LUPiBER, PVC PIPE, METAL, AND TIRES; AND 21- 24- (UNREGISTERED, ABANDONED MOTOR VEHICLE) I.E., PLYMOUTH DUSTER. (This is a reoccurring violation with t)ie Code Enforcement Department? 5. Board Members Comments 6. Adjournment MINUTES OF THE CODE ENFORCEMENT BOARD MEETING }IELD AT T![E ATLANTIC BEACtI CITY liALL ON MAY 3, 1994 CALL TO ORDER Present: Edward Martin, Vice-Chairman Barbara Bonner Heywood Dowling, Jr. Theo i:. Mitchelson Kathleen Russell John Venn Lou Etta Waters And: Suzanne Green, Prosecuting Attorney Alan Jensen, Legal Counsel to Board Karl Grunewald, Code Enf. Officer Donna Bussey, substituting for Secretary 1. Approval of Minutes of March 1, 1994. A motion was made, seconded, and passed to approve the minutes of the meeting of March 1, 1994. 3. Recognition of visitors and quests - There were no visitors or guests. Case No. 0042 - Ernest D. 1larden- owner of property located at 714 Cavalla Road. Edward Martin, Chairman, will give a report relative to the perjury case regarding Charles Buterbough, the contractor who represented Ernest ffarden. With reference to the alleged perjury of Mr. Buterbaugh relative to Case No. 0042, Ernest D. Harden, Edward Martin reported he had been advised that the State Attorney's office had dropped the case. Mr. Buterbaugh had indicated to them that the information he had provided to the board was based on what he had been told and photograph presented by him was taken by someone else, and the State Attorney's office felt if perjury had taken place, it could not be proven. He felt the board needed to be more precise in their questioning in the future. Mr. Martin reported that the City Commission had attempted to meet with each of the boards and committees of the city. Because of the role of the Code Enforcement Board, the City Commission had not scheduled a meeting with the Code Enforcement Board. However, Mr. Martin felt such a meeting could be beneficial and solicited the opinions of the board members. Following brief discussion no action was taken. 3. Old Business: Case No. 0034 - Richard A. Brown - owner of property located at 818 Cavalla PAGE 2 CODE ENFORCEMENT MINUTES ~ MAY 3, 1994 Road, in violation of Sections 12-1-7, (Open Storage) -tires, air tank, fenders, trailer; 12-1-3 tras)r and debris in front yard; 12-1-1 - animal feces in rear of building, 21-24A, abandoned three wheel scooter in front yard; abandoned vehicle on trailer in fire lane on rear of property, and violation of Standard housing Code Section 305-3-2 -rotted caves over front portico. (Richard Brown was found in violation of Section 12-1-7, 12-1-3, and 12-1-1 of the code at the meeting of March 1, 1994. tie was given until March 10, 1994 to bring the property into compliance or a fine of $200.00 per day would begin. Subsequently, Richard Brown was granted an extension of time by Chairman Edward Martin, until April 1, 1994, to bring the property into compliance, after which time if compliance had not been achieved t)ie fine of $100.00 per day would commence. The property is still not in compliance.) Mr. Martin reported he had received a letter from Mr. Brown indicating that repairs had been made and that Mr. Brown would be unable to attend this meeting. Karl Grunewald reported the property was not in compliance on April 1, 1994, the date previously set by the Code Enforcement Board. However, the property was found to be in compliance on May 3, 1994. Theo Mitchelson inquired whether there was a time between April 1st and May 3rd when the property was brought into compliance and Mr. Grunewald indicated that the improvements had taken place gradually over that period but that the property did not reach compliance until May 3, 1994. It was pointed out this was the second violation and }leywood Dowling felt the board had made a generous offer in giving Mr. Brown until April to bring the property into compliance. 1[owever, he felt some consideration should be given since the property had been gradually brought into compliance. A motion was made, seconded, and unanimously passed to file a claim of lien based on the fact that non-compliance existed for a period of at least five days, resulting in a fine of $500.00. Case No. 0068 - John Shields - owner of property located at 725 Redfin Drive, in violation of Section 12-1-7 -miscellaneous trash on the property (tires, mattress, chairs, and other items) - (John Shields was found in violation of Section 12-1-7 of the Code at the meeting of Marcli 1, 1994. tle was fined $100.00 and was given until March 9, 1994 to bring the property into compliance or a fine of $100 per day would begin). Karl Grunewald reported the property had been brought into compliance. ~/ith reference to the fine of $100.00, Pir. Shields had been notified via registered letter dated March 2, 1994 that the property had been found to be in non-compliance and a fine was due of $100.00, but Mr. Grunewald explained the registered letter had not been picked up at the post office by John Shields. It was explained the property was in compliance by the target date set by the Board of March 9, 1994. PAGE 3 CODE ENFORCEMENT MINUTES MAY 3, 1994 It was determined that the city had followed proper procedure in sending Findings of Fact via registered letter and that ttie Board would be able to file a lien of $100.00 against the property. A motion was made, second, and passed to file a lien in the amount of $100.00 against the property of John Shields located at 725 Redfin Drive. Case No. 0069 - David Thomas (Occupant) - occupant who is renting property located at 872 Bonita Road, in violation of Section 12-1-7 -outside storage of file cabinets and other miscellaneous items. (David Thomas was found in violation of Section 12-1-7 of the Code at the meeting of March 1, 1994. Ile was fined $50.00 and was given until March 17, 1994 to bring the property into compliance or a fine of $50.00 per day would begin). Karl Grunewald reported the property still had pipes on tYie roof and the yard had not been cleaned. Mr. Thomas had not picked up a registered letter to appear before the board. Mr. Grunewald reported a registered letter had been sent to the owner of the property, Lillian Dove, Houston, Texas, and the record indicated Ms. Dove had received the letter. After discussion, it was felt the property should be found in non-compliance in the amount of 49 days at $50 per day and the board decided to place a lien against the property in the amount of $2,350.00. ~' A motion was made, seconded, and passed to place a lien in ttie amount of $2,350 against property located at 872 Bonita Road owned by Lillian Dove. The Code Enforcement Inspector was instructed to re-investigate wliett~er or not compliance had been achieved in 30 days, and report back to the board at its next regular meeting. The Board indicated the fine of $50 would continue as long as the property was in non-compliance. Case No. 0070 - Willie }[obbs - owner of property located at 410 Sargo Road, in violation of Section 12-1-6 -attraction detrimental to human beings; 12- 1-7 - abandoned property; 12-1-8 - structurally dangerous, unsafe, dilapidated, unsanitary, vermin infested,liazard to public health and safety, i.e., dilapidated trailer in rear yard. (Willie Iiobbs was found in violation of Sections 12-1-6, 12-1-7 and 12-1-8 of the Code at the meeting of March 1, 1994. Stie was given until April 18, 1994 to bring Lhe trailer into compliance). Karl Grunewald reported prior to April 18, 1994 Ms. [tobbs brought the property and the trailer into compliance. He explained wheels were placed under the trailer and it had been moved and, in addition, work had been accomplished to bring the trailer fully into compliance. Mr. Grunewald explained from outside the trailer looked fine but that efforts to see the inside of the trailer were not successful because he was not able to find anyone at home. The Board accepted Mr. Grunewald's report. 4. New Business Case No. 0071 - Mike Ashourian- owner of property located at 1089 Atlantic PAGE 4 CODE ENFORCEMENT MINUTES MAY 3, 1994 Boulevard(Ashland) and 1073 Atlantic BoulevardiAtlantic Beach Mini Storage) in violation of Section (s 12-1-7 - ABANDONED VEHICLES, UNREGISTERED, INOPERABLE VEHICLES STORED (TI)IRTY IN NUMBER); SECTION 12-1-(6)- TRASH AND DISCARDED AUTO"fOBILE PARTS AND SECTION 24-111- ZONING I.E., NO OPEN STORAGE. (This is a reoccurring violation with the Code Enforcement Department) Mr. Martin read the case hearing procedure for case No. 0071 - Mike Ashurian, and all witnesses were sworn in. Karl Grunewald explained in June, 1993 the property was in violation with approximately 15 abandoned vehicles on the property. As of May 15, 1993 all of the vehicles and the trash had been cleaned up and removed from the property. Again, on March 21, 1994 t)re Code Enforcement Board received a complaint indicating junk cars were on the property. Mr. Grunewald counted 31 vehicles and he observed outside storage of parts and accumulation of miscellaneous trash. Mr. Ashurian was notified by mail March 24, 1994 and since receipt of the City's letter vehicles had been rapidly removed and trash has been removed from the premises. Mr. Grunewald reported a meeting was held between Code Enforcement Officers and Randall Whitfield, representative of Ashland, and a mutually satisfactory agreeement has been achieved between the parties. The agreement will insure that compliance will be achieved from now on (copy of agreement attached herewith and made a part hereto). Randall Whitfield explained As)rland was a mini storage facility and adjacent to the facility there was a commercial warehouse facility. Iie explained the facility under discussion was the commercial warehouse facility which was not a mini storage. He explained spaces were 500, 700, 1,000, and 1,400 square feet in size and each one had fire facilities, restrooms, and were not considered to be mini storage facilities. A discussion ensued relative to the time frame involved in removing vehicles and it was determined it would not take more than a two week period of time to remove a vehicle from the premises. A question arose as to w)ro would have to pay for removal of a vehicle and it was explained the owner of the vehicle paid for its removal. A motion was made, seconded, and passed that the property was found in violation. It was determined that since tyre Cpde Enforcement Inspector was satisfied and since there was an agreement between the city and Ashland, the Board was satisfied that compliance had been achieved. No fine was levied against the property. Case No. 0072 - Cynthia Watson a/k/a Cynthia Sutton- owner of property located at 702 Cavalla Road in violation of Sections 12-1-7 - (OUTSIDE STORAGE OF BUILDING MATERIALS) I.E., PAINT CANS, DOOR, DRYWALL, PLYWOOD, LUMBER, PVC PIPE, METAL, AND TIRES; AND 21-24- (UNREGISTER£D, ABANDONED MOTOR VEt1ICLE) I.E., PLYf10UTtI DUSTER. (This is a reoccurring violation with the Code Enforcement Department) PAGE 4 CODE ENFORCEMENT BOARD MINUTES MAY 3, 1994 It was determined Cynthia Watson a/k/a Cynthia Sutton was not the owner of the property. The matter was postponed until proper identification of the property can be made. 5. Board Members Comments Alan Jensen, City Attorney, suggested that Heywood Dowling and Edward Martin attend an upcoming Code Enforcement seminar. The Board agreed that Messrs. Dowling and Martin would benefit from attending the seminnr. A discussion ensued relative to whether or not it was necessary to obtain City Commission approval. If it is determined Commission approval necessary the matter will be placed on a Commission agenda. There being no further business the chairman adjourned the meeting at 8:40 p. m. ~' ~` Ashland Commercisl Center Coordination with City of Atlantic Beach Parking of Vehicles on site 1. Currently Ashland requests shop owners to have no vehicle on site more than one week. And that they have only the vehicles they axe actually working on parked on site. (maximun of 3 vehicles per shop parked on lot). 2. Sign to be posted on site: ABANDONED, INOPERATIVE ANp/OR UNREGISTERED VEHICLES WILL BE TOWED AT OWNERS EXPENSE. 3. Number 2 means: (a) no vehicle without current and valid registration. (b) no shells. vehicles must have engines and/or being worked on not just waiting for parts. r 9. Vehicles parked on site not meeting items 1, 2, b 3 above, Ashland manager will request that the vehicles be removed immediately. 5. If the Manager gets no cooperation then he will notify the City of Atlantic Beach Code Enforcement Officer as to the identity of the vehicle and owner or person in control of the vehicle (tenant). The City of Atlantic Beach will tag the vehicle and notice the owner or person in control of the vehicle by ceztified mail of the violation. If no response within the ten (10) days allowed, the Manager will notify the Code Enforcement Officer and he will have the vehicle towed. 6. The tenants are creating the problems with these vehicles. OS will make the tenants feel as much heat as we do regarding these violations, and put the responsibility on them as well. 7. Ashland currently requests of its' tenants that no parts bins or waste parts shall be stored outside tenant's unit overnight. (NOTE: THESE ITEMS ARE A RESULT OF THE DISCUSSION WITH KARL W. GRUlIEWALD, CODE ENFORCEMENT OFFICER, CITY OF ATLANTIC BEACH) 9/29/99. (AND DON FORD 5/2/94). ~`' Code Enforcement Board City of Atlantic Beach, Florida RE: Authorization of Randall Whitfield, Director of Marketing, Ash Properties, Inc. Dear Sir: This is to authorize Randall Whitfield of Aah Properties, Inc. to represent myself and Ashland Investments, Inc. and Atlantic Beach Ministorage before the board hearing May 3, 1999 in my absence for business reasons. Than ou for yoz assistance. ~ .-~ Yours Nike State of Florida County of uv I hereby certify that on this day, before me, an officer 8uly authorized in the State aforesaid and the County aforesaid to take acknowledgements, personally appeared Hike Ash, to me known to be the person described in and who executed the foregoing instrument, and he acknowledged before me that he executed the same. WITNESS, my hand and official seal in the County and State last aforesaid this ~,~~ day of ~l ! , 1999. NOTARY PUBLIC, State of Florida My commission expires: /h~-~s.f Teresa Palmer ~«r STATE OF FLORIDA P~~ ~r ~ E~v2~iss BONDED