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
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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.
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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.
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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
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~., 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.
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~~ ~ 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.
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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