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.
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Agenda - Code Enforcement Board
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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.
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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.
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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.
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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).
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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.
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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