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01-05-93r CITY OF ATLANTIC HEACIi CODE ENFORCEMENT BOARD AGENDA 7:30 P. M., JANUARY 5, 1993 Call to order Pledge to the Flag Roll Call 1. Approval of the minutes of the meeting of September 1, 1992. 2. Recognition of Visitors and Guests 3. Old Business: Case No. 0049 - Chris Moale, complaint filed by Mrs. Chantell Hook of 150 12th Street, indicating Mr. Moale contracted with her to remodel her home at 150 12th Street. Inspection indicates remodeling work has been started but not completed, no permit has been pulled for this fob, and Mr. Moale does not hold a current building contractor's license. in violation of Chapters 489.127, 489.117, 489.113 of the Florida Statutes. (On agenda of November 2, 1992, but unable to deliver notice to appear to Mr. Moale) 4. New Business: Case No. 0051 - Willie Knight, owner of property located at 790 Sailfish Drive, in violation of Section 22-29, Past Due Water Charges, Section-22-32, Connection of Private Water System to City System, Section 22-40, Well - Permit Required, Section 22-41, Bacteriological Tests for Potable Water, and S.B.C.C.I. Standard Plumbing Code 301.15, Principle No. 15 (There shall be no direct or indirect cross connections, either existing or potential between a safe potable water supply and an unsafe, nonpotable supply) Case No. 0052 - Mr. Terry Kirton, owner of property located at Royal Palms Apartments, Lots 580, 587, 588, 589, 590, 591, 592, and Lot 17, Block 27, in violation of Standard Building Code Section 1116, Existing Guardrails are Rusted and Falling Apart. Case No. 0053 - Sandra Kovir, owner of property located at 808 Cavalla Road, in violation of Sections 12-1-6 and 24-1-7, soffit and facia Board rotted; fence to rear of property in need of repair. 5. Board Members Comments 6. Adfournment MINUTES OF THE CODE ENFORCEMENT BOARD MEETING HELD AT THE ATLANTIC BEACH CITY BALL ON JANUARY 5, 1993 CALL TO ORDER Present: George Bull, Jr. Chairman Barbara Bonner Edward Martin Heywood Dowling, Jr. Kathleen Russell John Venn And: Suzanne Worrell Green, Prosecuting Attorney Alan Jensen, Legal Counsel to Board Don Ford, Code Enforcement Officer Karl Grunewald, Code Enforcement Officer Trudy Lopanik, Secretary 1. Approval of Minutes of November 2. 1992. A motion was made, seconded, and passed to approve the minutes of the meeting of November 2, 1992. 2. Recognition of visitors and guests - There were no visitors or guests. George Bull, Chairman, asked the Secretary to write a letter to l Mrs. Gene Montanye indicating the appreciation of the Board of Mr. Montanye's service on the Board. 3. Old Business: Don Ford reported efforts were made to serve Chris Moale to appear on the November 2, 1992 agenda. The City did not receive indication that the Certified Letter to Appear was received by Mr. Moale; however, Mr. Moale called the day after the November 2, 1992 meeting and indicated he had personal business and was not able to attend the meeting. George Bull read the case hearing procedure for Case No. 0049, Chris Moale, and all witnesses were sworn in. George Bull asked witnesses for all cases on the agenda to stand and be sworn in. Everyone was sworn in at this time, with the exception of Willie Knight, case #0051 who was sworn in later during the meeting before his case was heard. Case No. 0049 - Chris Moale, complaint filed by Mrs. Chantell Hook Suzanne Green, Prosecuting Attorney, explained the Hoard had authority to cite Mr. Moale for operating without a contractor's license and for not obtaining a permit from the city while he worked at the home of Chantell Hook, 150 12th Street, Atlantic Beach. She indicated damages to Chantell hook amounted to $4,400.00. Don Ford reported on August 21, 1992 while he was doing inspections he noted carpentry work was being done at 150 12th Street without a permit. He indicated a carpenter on the site suggested he speak with Chantell Hook. Ms. Hook explained to Mr. Ford that Chris Moale was the contractor. It was determined Chris Moale did not have a contractor's license. Suzanne Green asked Mr. Ford if he explained to Chris Moale that he was required to have a permit to do the work, to which Mr. Ford replied he explained to Mr. Moale it would be necessary to have a permit. Mr. Ford added the plumber and electrician on the job came to the City Hall and were permitted shortly after being advised by Mr. Ford that it would be necessary to obtain permits. Chantell Hook indicated she had a signed agreement between herself and Chris Moale. She indicated to her recollection Chris Moale's license number was brought up at the signing of the contract and he indicated he would furnish the number at a later time. She indicated the work involved was child-proofing stairs and providing an exit to her yard through a laundry room. She indicated she paid 52,500 for materials that she felt were never delivered. She 1 indicated she took the matter to Small Claims Court and was awarded 52,500 but she had never been paid. She indicated a lot of the work Chris Moale completed had to be re-done by another contractor because of the poor quality of the work. It was determined damages were in the amount of 59,900, and the judgement against Chris Moale by Chantell Hook was 52,500. George Bull stated this was a civil matter which was really not the business of the Board. The only two issues that the board could speak to, he added, were the following (1) there was not a building permit obtained from the city and (2) the person who contracted to do the work was not a licensed contractor. He added the Board could not get involved in a civil matter between the owner and the contractor. Suzanne Green agreed and referred to Section 489.127 of the Florida Statutes, specifically (i) "willfully or deliberately disregard or violate any municipal or county ordinance relating to uncertified or unregistered contractors." She indicated the Board would be allowed to set a maximum fine of 5500.00 per violation and there were three violations of Florida State Statutes, 489.127, 489.117, and 489.113. It was determined the owner of the property could obtain a building ^, license, and that it did not have to be the contractor as long as l the work was being done in a single family residence. It was -2- determined Chris Moale used false representation by indicating he was a general contractor and the fact that he did not hold a license fell under the jurisdiction of the Board, as well as the fact that a building permit was not obtained. Mr. Dowling asked Chantell Hook if she understood what a lump sum contract was, in other words when one was quoted a total price for a total job. He asked Ms. book the amount of the contract. Mr. Bull called a point of order and indicated he thought this was immaterial, to which Mr. Dowling explained he was trying to get a "total picture." It was determined the total contract was less than 520,000. Chris Moale stated he had worked for general contractors in the past and at the time he took this job he was in between jobs. He indicated he started to do the work, but the work was added on, and added on, by Chantell Hook. He indicated the electrical and plumbing work was minor and amounted to several hundred dollars, the work was permitted and the workers were paid. He indicated when he first started the job he thought because it was inside work and no structural work was to be done, it would not require a permit. But, he added, he was wrong. He indicated Ms. book changed her mind and got another contractor to tear out what he did and do the work over at a high amount of money, perhaps 58,000 or 59,000. He added the job ended up going way over his head and he came to an agreement with Ms. Hook that he should pull out. Ceorge Bull asked Mr. Moale if he ever portrayed to Ms. Hook that he was a licensed contractor, to which Mr. Moale replied he honestly did not recall telling her he was licensed. He indicated he knew he could have asked a licensed contractor to obtain a permit for the job. He indicated when he found out the job had to be permitted, it happened to be the same time that he decided to leave the job. Don Ford indicated on August 31, 1992 he advised Mr. Moale the job would have to be permitted. He indicated the electrician and plumber came to the city hall within one or two days and obtained a permit; however, Mr. Moale did not obtain a building permit. Mr. Ford indicated the job was stopped by the City at that time. Mr. Moale stated he was under the impression when he first started the job that a permit would not be necessary because the work was on the inside, only. Ms. Hook indicated the work was canceled with Mr. Moale because she felt he did not know what he was doing, and she added to her recollection the contract was terminated around the middle of June, 1992. -3- A discussion ensued regarding the amount the Board would fine Mr. ~~ Moale. It was determined three separate instances of violations had occurred under Florida Statutes and each instance could be fined not to exceed $500.00. It was determined two issues should be considered (1) Mr. Moale did not get a permit (2) Mr. Moale was not licensed. It was moved by Mr. Dowling that Chris Moale be fined $250.00 for violation of State Statutes for not being a licensed contractor for doing the kind of work he was doing, and for not pulling a permit when he was informed to do so. Since there was no second to the motion, the motion died. It was moved by Mr. Martin that Chris Moale be fined $500.00 for violation of State Statutes Chapters 489.127, 489.117, and 489.113. Said fine to be a one-time fine of $500 for the three aforementioned violations. The motion was seconded by Mr. Dowling. The question was called and the motion carried by a vote of 5-1, with voting as follows: Barbara Bonner, yes; Edward Martin, yes; George Bull, no; Heywood Dowling, yes, John Venn, yes, and Rathleen Russell, yes. Heywood Dowling read the case hearing procedure for Case No. 0051, Willie Knight, and all witnesses were sworn in. George Bull read the violations against Willie Knight. Suzanne Green reported Willie Knight displayed the same behavior with reference to water when he lived at another property in Atlantic Beach. Don Ford reported the Water Department asked him to inspect Willie Knight's house located at 790 Sailfish Drive. He reported the water meter was shut off but there was evidence water was being utilized. Upon investigation Mr. Ford discovered there was a shallow well behind the carport and the water from the shallow well was being used by the Knight family. Mr. Ford met with Mr. Knight and filled out the proper notice indicating Mr. Knight had to disconnect the shallow well. To date, Mr. Ford reported, Mr. Knight had not disconnected the shallow well. Willie Knight stated he had a sick daughter who had been in a car accident in 1981. He reported he had to pay $400 per month in medical bills and, thus, was not able to pay his bill, and that 4 4. New Business: It was explained to (`, existed because the could infiltrate into would be necessary to well immediately. immediately to make residence. Mr. Knight that a dangerous health hazard water he was getting from the shallow well the City's water system. it was explained it disconnect the hose connected to the shallow He was advised to see the City Manager arrangements to get legal water to his A motion was made by Mr. Martin, seconded by Mr. Dowling, that it would be necessary for Willie Knight to correct his water problem within two days, by January 7, 1993. The question was called and the motion passed unanimously. Suzanne Green reported the condition of the guard rails at Royal Palms Apartments presented a safety hazard to the residents. Karl Grunewald distributed pictures of the railings which indicated their rusted state. He indicated this was a violation of Florida Statutes. Don Ford reported he inspected the guard rails in 1992 and explained that Royal Palms would be cited if the guard rails were not repaired. He explained he re-inspected in March, 1992 and nothing had been done. He indicated he was concerned for the safety of children. Terry Kirton reported she had received bids on having the work done and the fob was presently under contract. She reported she signed the contract December 16, 1992 in the amount of 59,400. She indicated she had paperwork to substantiate the guard rails were being completely replaced. She reported it would take several weeks to complete the fob. The Board indicated its desire to have the work done as quickly as possible because of the safety hazard to residents. A motion was made by George Bull, seconded by Mr. Martin, that work must be completed within 30 days from January 5, 1993. if it was not completed within 30 days, a 550.00 fine would be levied on Royal Palms Apartments. If in the event the work was not completed within 30 days Don Ford was instructed to notify the Florida Hotel and Restaurant Commission. Mr. Dowling felt temporary safety measures should be taken in the meantime while the guard rails were being built. tie explained a carpenter could install temporary safety railings at a reasonable n price. 1 5 Mr. Martin read the case hearing procedure for Case No. 0052, Terry Kirton. (witnesses were sworn in previously) A motion was made by Mr. Dowling, seconded by Mr. Martin, to amend ~~ the original motion as follows: That temporary action to make the stairwells safe must be completed by Friday, January 8, 1993, to the satisfaction of the Code Enforcement Office. The question was called and the original motion and amended motion were unanimously passed. It was reported Sandra Kovir had contacted the Code Enforcement Officer and reported she was sick and unable to attend the meeting. The Board decided to postpone case No. 0053, Sandra Kovir, until its next regular meeting. 5. Board Members Comments The Board indicated its desire to receive a report concerning Case No. 0022 - Charles Watson. Don Ford reported Mr. Watson had not started work to tear down property located at 210 Mayport Road. Mr. Ford indicated he would have a report for the Board at its next regular meeting. Mr. Martin referred to 463 Irex Street and he indicated there was ~' a blue Volkswagen on the property which was not under cover, and there was a black car in the back yard which was not under cover. It was determined if a violation had occurred the Code Enforcement Office had the power to fine the property owner from the date the violation was discovered. The board explained it would not be necessary for the property owner to appear before the board. It was further explained if the property owner elected to come before the Board to prove the Code Enforcement Officer was wrong, the find could be rescinded. George Bull welcomed Kathleen Russell. Kathleen Russell asked for a report concerning Case No. 0040, James Smith. It was reported James Smith was fined 5250.00 and a bill was sent to him from the City. To date, the fine had not been paid. If the fine was not paid, a lien would be placed against the property. There being no further business the meeting adjourned at 9:00 pm. 6 1 George Bull, Chairman ATTEST: Trudy Lopanik, Secretary