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11-09-93f ~ CITY OF ATLANTIC BEACH t CODE ENFORCEMENT BOARD AGENDA 7:30 P. M., NOVEMBER 9, 1993 Call to order Pledge to the Flag Ro11 Call 1. Elect Chairman and Vice-Chairman. 2. Approval of the minutes of the meeting of September 7, 1993 3. Recognition of Visitors and Guests regarding any matters that are not listed on agenda. 4. Old Business: Case No. 0022 - Charles Watson - owner of property located at 270 Mayport Road and adjacent property which was condemned and brought into compliance by the property owner - Code Enforcement Office will report relative to removal of a sign that remained on property. 5. New Business: Case No. 0042 -Ernest D. Harden - (Second Offense) - owner of property located at 714 Cavalla Road, in violation of Section 12- 1-6 - Vegetation (Front Yard Overgrown). Case No. 0046 - Stewart Title Company - (Second Offense) - owner of property located at Lot 3, Block 16, Royal Palms, Unit 2A (East of 702 Cavalla Road), in violation of Section '•12-1-6 - Unsound Fence, Vegetation, and Section 23-36 - Vegetation. Case No. 0061 - James W. Baker - owner of property located at 598 Seaspray Avenue, in violation of Section 12-1-7 - Open Storage not Permitted. Case No. 0062 -Peter H. Besrutschko - owner of property located at 365-367-369-371 Ahern Street, in violation of Chapter 6, Section 6-57 -Performing plumbing work on premises without a certificate of competency; Chapter 24, Section 24-65(c) - Plumbing permit not issued for work performed. Case No. 0063 - Steve Riley (Steve's Seafood) - owner of property located at 580 Mayport Road, in violation of Section 17-2 - Signs Permitted and Section 17-8 - Signs Prohibited on City right-of- way. 6. Board Members Comments 7. Adjournment ~~ Page 1 November 9, 1993 Code Enforcement Board Meeting MINUTES OF THE CODE ENFORCEMENT BOARD MEETING HELD AT THE ATLANTIC BEACH CITY HALL ON NOVEMBER 9, 1993 CALL TO ORDER Present: Edward Martin, Vice-Chairman Barbara Bonner Heywood Dowling, Jr. Theo K. Mitchelson Kathleen Russell John Venn Lou Etta Waters And: Suzanne Green, Prosecuting Attorney Alan Jensen, Legal Counsel to Board Don Ford, Code Enforcement Officer Karl Grunewald, Code Enf. Officer Trudy Lopanik, Secretary 1. Elect Chairman and Vice-Chairman Edward Martin, Vice-Chairman, announced it would be necessary to elect a new Chairman and Vice-Chairman. A motion was made and seconded to nominate Edward Martin as Chairman. A motion was made to elect Heywood Dowling as Chairman, but the motion died for lack of a second. There being•no further nominations a motion was made and passed to close nominations for Chairman. The question was called on the motion to nominate Edward Martin as Chairman and the vote resulted in all ayes. The motion carried unanimously. A motion was made and seconded to nominate Heywood Dowling as Vice- Chairman. There being no further nominations a motion was made and passed to close nominations for Vice-Chairman. The question was called on the motion to nominate Heywood Dowling as Vice- Chairman and the vote resulted in all ayes. The motion carried unanimously. 2. Approval of Minutes of September 7, 1993 A motion was made, seconded, and passed to approve the minutes of the meeting of September 7, 1993. 3. Recognition of visitors and quests - Don Ford advised he would like all members to have a copy of State Statutes Chapter 162 and he indicated he would have this available for board members r1 at the next meeting. Page 2 November 9, 1993 Code Enforcement Board Meeting 4. Old Business: Case No. 0022 -Charles Watson - owner of property located at 270 Mayport Road and adjacent property which was condemned and brought into compliance by the property owner - Code Enforcement Office will report relative to removal of a sign that remained on property. Don Ford reported at the last meeting it was brought to the attention of the board that there was a sign that had remained on the property located at 270 Mayport Road. Mr. Ford advised the sign had been removed three weeks ago by the Public Works Department of the City and the case has been completed to the satisfaction of the city. The board accepted Mr. Ford's report. 5. New Business: Case No. 0092 - Ernest D. Harden - (Second Offense) - owner of property located at 714 Cavalla Road, in violation of Section 12-1-6 - Vegetation (Front Yard Overgrown). Edward Martin, Chairman, read the case hearing procedure for Case No. 0042 and asked witnesses to be sworn in. ~azanne Green advised this matter had been brought before the board at the last meeting. She indicated Karl .Grunewald would testify that the property was not maintained to be free of vegetation at the time the city issued a citation. She indicated at the last meeting allegations were made that might not have been true and she indicated this would be not a second offense but a third offense against this property. She added at the present time the property was cut and maintained. Karl Grunewald passed out pictures indicating the condition of the front yard of the property before it had been cut. He reported at a previous meeting Mr. Harden had his maintenance man represent him. When• Mr. Grunewald spoke to Mr. Harden concerning the front yard, he advised Mr. Harden to attend the present meeting personally because it was the third offense of the property. Mr. Grunewald indicated Mr. Harden was appalled at some of the statements his maintenance man had made and photographs the maintenance man gave to the board at the meeting of September 7, 1993. Ernest Harden advised the Board he was guilty of delegating having the fence fixed and the grass cut. He indicated he thought the maintenance man misrepresented the work that had been done, both to the Board and~to himself. He indicated his interest was best served in having the property in good shape and he was committed to that. As soon as he was notified the property was in non-compliance, he indicated, he called Mr. Gruenwald and that was •the first knowledge Mr. Harden had that the maintenance man had misrepresented facts. He indicated when he received the last letter (~'om Mr. Grunewald he called Mr. Grunewald on the telephone and then sent `..is maintenance man out to cut the lawn which was done the next day. Page 3 November 9, 1993 Code Enforcement Board Meeting Mr. Mitchelson asked Mr. Harden if the lawn maintenance was on a "will- call" basis, to which Mr. Harden agreed, but explained he did not live at Atlantic Beach and thus was not able to get out to the property every week. Mr. Harden indicated that if he ever needed any work done on the property he called the maintenance man. It was determined he checked on the property once a month. Mr. Martin explained at the last meeting Mr. Buterbaugh, the maintenance man, indicated he represented Mr. Harden and was sworn in.' In the course of the questioning of the Board Mr. Buterbaugh answered to a specific question that he had been out and fixed the fence and cleared the growth and at that time he presented a picture to bear out that contention. At 8:30 a. m. the next morning Mr. Martin visited the site and the fence was not up and the weeds were not trimmed. By 11:00 a. m. the work was completed. Mr. Martin explained he took a picture of the property. He explained the picture Mr. Buterbaugh had passed out to the board on September 7, 1993 was from a previous time because there was a tree present in the picture. In fact, Mr. Martin explained, no tree existed on the property. Mr. Martin explained Mr. Buterbaugh not only lied under oath but he presented false evidence. t was determined Mr. Harden rented his own units and that he ran credit ~eports on all potential renters. Mr. Harden indicated now that there was an opening in the fence it had helped a lot and there was less traffic. He added vagrants lived in the laundry .room, things were constantly being stolen, and that it was difficult to maintain the property. The board felt Mr. Harden should check on his property more often. Mr. Martin referred to the minutes of September 7, 1993 wherein Mr. Harden was fined $50 and the Board agreed a fine of $100 per day would be levied if Mr. Harden was found to be in non-compliance, and continuing• until the violation was corrected. Mr. Dowling indicated the grass was cut October 12, 1993, according to the city's records. it was determined the citation indicating the property was in non-compliance was mailed October 7, 1993. A motion was made, seconded and passed that Ernest Harden was found in non- compliance of Section 12-1-6 of the Code. A discussion ensued and reference was made to Findings of Fact dated September 7, 1993 (copy attached herewith and made apart hereof), which indicated a fine of $100 per day would begin effective the day Mr. Harden was found to be in non-compliance and continuing until the violation was corrected to the satisfaction of the Code Enforcement Inspector. It was ..etermined non-compliance began October 7, 1993, when the city found the Page 4 ~., November 9, 1993 Code Enforcement Board Meeting, property to be in non-compliance and ending October 12, 1993 when the property was brought into compliance. It was determined the amount of time the property was in non-compliance was a period of four (4) days which would make the total fine $400.00 (October 7th through October 11th, 1993). A motion was made, seconded and passed Fact dated September 7, 1993, a fine of Harden. This represents a fine of $100 was not in compliance beginning October issued by the City and ending October brought into compliance. that pursuant to the Findings of $400 shall be imposed on Ernest D. per day during which time property 7, 1993 when a violation notice was 12, 1993, when the property was Mr. Grunewald felt Mr. Harden was totally misrepresented by his maintenance man and, although Mr. Gruenwald thought Mr. Harden should be fined for leaving the property in violation, he asked the board to take into consideration that Mr. Harden was probably misled by his maintenance man as to what was actually taking place on the property. Mr. Harden felt the fine was excessive. He explained the rent he collected was only $300 per month. He felt the fine of $400 was too high for uncut grass. Mr. Martin explained this was the third offense. It was explained Mr. Harden could appeal the decision of the Board to the civil court. Case No. 0046 -Stewart Title Company - (Second Offense) - owner of property located at Lot 3, Block 16, Royal Palms, Unit 2A (East of 702 Cavalla Road), in violation of Section 12-1-6 - Unsound Fence, Vegetation, and Section 23-36 - Vegetation. Edward Martin read the case hearing procedure for Case No. 0046 and asked witnesses to be sworn in. Suzanne Green reported she had settled this matter with the attorney representing Stewart Title, giving them until Monday, November 15, 1993 to clear the property. If the property has not been cleared by Monday a fine of $250.00 per day.will be levied against Stewart Title. Don Ford reported the parcel was. not a buildable piece of property, and that the City had been working with the owner of the property for years with the City cutting the property and billing the owner for the work. Presently, Mr. Ford advised, the person who lived next door to the property was planning to purchase the property for a small amount of money. A motion was made, seconded, and passed that if the property was not brought into compliance to the satisfaction of the Code• Enforcement Inspector by the morning of November 15, 1993, a fine of $250.00 per day ~, shall be imposed until property is brought into compliance. Page 5 ~~ ~ November 9, 1993 Code Enforcement Board Meeting Case No. 0061 - James W. Baker - owner of property located at 598 Seaspray Avenue, in violation of Section 12-1-7 - Open Storage not Permitted. Heywood Dowling read the case hearing procedure for Case No. 0061 and asked witnesses to be sworn in. Suzanne Green advised there was an infestation of rubbish and litter in the backyard of the property. She passed out pictures of the property and introduced Al Monte, who lived at 596 Seaspray Avenue and was a neighbor of Mr. Baker. Mr. Monte explained Mr. Baker failed to keep up his yard. There was litter which included a refrigerator. a swimming pool that contained standing water,. tires, cement blocks, paint cans, and pallets. He complained there were rodents. . Karl Grunewald reported the City had worked with Mr. Baker in the past. He indicated he visited Mr: Baker yesterday (November 8, 1993) and Mr. Baker had started to clean up the yard by raking up leaves. He indicated Mr. Baker advised he planned to dispose of the pallets by leaning them against the existing fence and that he was also using the pallets to build a fence ~~n the front of his house. Mr. Gruenwald advised Mr. Baker had obtained a permit from the city to build the fence in the front yard. It was determined Mr. Baker had not been sworn and Mr. Martin proceed to swear in Mr. Baker. Mr. Baker indicated his brother was helping him clean the yard but he had to go to California and at the present time he had no help. He indicated he' intended to recycle the pallets and that they were made of a good quality of wood. He explained he only collected items that he felt could be used. Mr. Baker's sister, Ms. Roddy, asked if she could speak. Mr. Martin proceeded to swear in Ms. Roddy. Ms. Roddy indicated she lived with her brother, Mr. Baker. She indicated she realized a lot of things had been collected but that her brobher had good intentions. She referred to the swimming pool and indicated it had chlorine in 3t at all times. She indicated the house was lower than other houses in the neighborhood and the pallets were used to walk on when the ground became wet. As far as animals, she indicated she owned cats and took good care of them and there were no other animals. Mr. Baker explained he would like to build a building out of the pallets, to which it was explained it would be necessary for him to submit plans to ~he city for any building he wished to construct. ~~ Page 6 November 9, 1993 Code Enforcement Board Meeting Mr. Baker indicated at one time he had 10 cars in his yard but to comply with the city he gave them all away. A discussion ensued and Mr. Baker was asked by the Board how long it would take him to clean the yard. It was determined one month would be enough time. Kathleen Russell suggested to Mr. Monte that he along with other neighbors help Mr. Baker clean his yard and, at the same time, this would be a good way to get to know Mr. Baker. A motion was made, seconded and passed that James W. Baker was, found to be in violation of Section 12-1-7. The Board agreed to'grant Mr. Baker 30 days, until December 10, 1993, to bring the property into compliance to the satisfaction of the Code Enforcement Inspector. If the property is not brought into compliance by December 10, 1993 a fine of $50.00 per day shall be levied against James W. Baker. Case No. 0062 - Peter H. Besrutschko - owner of property located at 365- 367-369-371 Ahern Street, in violation of Chapter 6, Section 6-57 - Performing plumbing work on premises without a certificate of competency; Chapter 24, Section 24-65 (c) - Plumbing permit not issued for work performed. John Venn read the case hearing procedure for Case No. 0062 and asked witnesses to be sworn in. Suzanne Green explained Peter permit was pulled to do the present on the job. Besrutschko was not a licensed plumber, no plumbing work, and no master plumber was Don Ford explained he noticed work was being done on the property. He stopped and explained it was necessary to have a master plumber~on the job. He explained an ordi'nance~was passed by the city that would allow a homeowner who lived in the home to apply 'fora permit if he was able to pass a test. Mr. Besrutschko would not be able to comply because he did not live at the property. It was explained a stop work•order was issued by the Building Department on August 29, 1993 Mr. Besrutschko explained he hired Styles Smith Plumbing to complete the work and that he paid $75 fora permit, and he~ indicated he had a work order and canceled check that indicated this. It was determined no work had been done on the property since August 29, 1993. Don Ford indicated the matter could be corrected if a plumbing permit was obtained from the city. ' motion was made, seconded and passed to withhold action and accept the word of Peter Besrutschko that a licensed plumber will obtain a permit from Page 7 November 9, 1993 Code Enforcement Board Meeting the Building Department of the City of Atlantic Beach for plumbing work on the property referenced above within 10 days, by November 18, 1993. Case No. 0063 - Steve Riley (Steve's Seafood) -owner of property located at 580 Mayport Road, in violation of Section 17-2 -Signs Permitted and Section 17-8 - Signs Prohibited on City right-of-way. Barbara Bonner read the case hearing procedure for Case No. 0063 and asked witnesses to be sworn in. Don Ford explained there were two free standing signs that were not legal signs. Steve Riley explained there were two business at the site and that his business was new,..and he felt if he did not have the signs he would lose a lot of business. He added that he was just able to obtain a two year lease instead of renting month-to-month, and he had ordered a $3,000 sign for his restaurant. This would solve all the problems, he added. A motion was made, seconded, and passed that Steve Riley (Steve's Seafood) was found in violation of Section 17-2 and 17-8 of the Code. Mr. Riley was given three (3) days, by November 12, 1993, to get signs in conformity to (t.,he satisfaction of the Code Enforcement Inspector. o. Board Members Comments Mr. Martin referred to Case No. •0042, Ernest D: Harden, and he felt Mr. Buterbaugh, Mr. Harden's maintenance man, perjured himself and that he presented false pictures relative to Ernest Harden's case. Alan Jensen felt the testimony Mr. Buterbaugh gave was under oath and if he perjured himself the State Attorney's office would have to•be involved. A motion was made, seconded, and passed to approve Edward Martin reporting to the State Attorney's office that Mr. Buterbaugh perjured himself when testifying before the board in Ernest Harden's case. 7. Adjournment There being no further business Mr. p. m. • Martin adjourned the meeting at 10:00 Edward Martin, Chairman ATTEST: ~ady Lopanik, Secretary ~J,,~,r~., <<° • CODE ENFORCEMENT BOARD / • CITY OF ATLANTIC BEACH, FLORIDA CASE NO. 0042 RE:' VIOLATZON OF SECTION 12-1-6 AND 23-36 OF THE,ATLANTIC BEACII r •CITY CODE. LEGAL DESCRIPTION: LOT 5, BIACK 16, ROYAL PALMS UNIT 2A, RE#171365-0200, ALSO KNOWN AS 714 CAVALLA ROAD The Code Enforcement Board has heard testimony at the Code Enforcement Board hearing held the 7TII day of SEPTEMBER , 1993, and based on the evidence, the Code Enforcement Board enters the following FINDINGS OF FACT, CONCLUSIONS OF LAW, ' FINDINGS OF FACT A one-time fine of $50.00 shall be imposed on Ernest IIarden. If Mr. Hazden .is found to be in violation of Section 12-1-6 and Section 23-36 of the code of the City in the future a fine of $100 per day will begin effective the day Mr. Harden 'is found to be in non-compliance, and continuing until the violation is corrected to the 'satisfaction of the Code Enforcement Inspector. CONCLUSIONS OF LAW There was competent, substantial evidence presented to support a finding of a violation of the Ordinance Code as charged. ORDER It is the Order of this Board that ERNEST D. HARDEN shall comply with Paragraph.Two, Findings of Fact, as stated above. If N/A ,aloes hot comply within the time specified, he shall pay a fine bf $ per day for each day the violation continues to exist. If N/A does not comply within the time specified, a certified copy of this Order, together with a Claim of Lien, shall be recorded in the public records of the~Office of the Clerk of the Circuit Court in and for Duval County, and once recorded shall constitute a lien against the property upon which the violation exists, or if you do not own the land, upon any other zeal or personal property owned by you, pursuant to Chapter 162, Florida Statutes. IIpon complying, N/A shall notify the Code Enforcement Officer who shall inspect the property and notify the 'Board of compliance. , Should a dispute arise concerning compliance, either party may request a further hearing before the board. DONE AND ORDERED THIS 7TH DAY A~F~ST: Sec. OF SEPTEMBER , 1993. Vice-Chairma , Code Enforcement Board