09-01-92 v CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD
AGENDA
7:30 P. M. , SEPTEMBER 1, 1992
Call to order
Pledge to the Flag
Roll Call
1. Approval of the minutes of the meeting of August 4, 1992.
2. Recognition of Visitors and Guests _
3. Old Business:
a. Case No. 0022 - Charles Watson - update on condemnation
concerning property located at 210 Mayport Road and
adjacent property.
b. Case No. 0020 - Forest Thomas, update on property located
at 45 Donner Road, ( found in violation of City Ordinance
Section 12-1(7 ) , unlawful storage of junk vehicles, at
the Code Enforcement Board of August 4, 1992 ) .
c. Case No. 0035 - Patrick Safer, update on property located
at 434 Skate Road, ( found in violation of Section 12-
1(4) , inoperable vehicles/unlicensed vehicles at the Code
Enforcement Board meeting of August 4, 1992) .
4. New Business
a. Case No. 0039 - Cynthia L. Watson, owner of property
located at 702 Cavalla Road, in violation of Section 23-
36 and 24-1-7 of the City Code, for weeds, fence to rear
of property in need of repair; no building permit on
file; wood slatted cover over front patio.
b. Case No. 0040 - James Smith, owner of property located at
Lot 11, Block 4, Donners Replat, RE#172244-0000, in
violation of Section 23-36 of the City Code, for high
weeds, trash, and debris continuously present on the
property.
c. Case No. 0041 - Alvin G. Archibald, owner of property
located at 754, 756, 758, 760, 762, 764 Cavalla Road, in
violation of Section 12-1-1, 24-1-7, 12-1-6, and 12-1-
3&6 of the City Code, for animal feces; rear fence
dilapidated or missing; rotted facia and soffit board; 4
x 4 post supporting rear roof decaying at base, and roof
deteriorated.
d. Case No. 0042 - Ernest D. Harden, owner of property
located at 714 Cavalla Road, in violation of Section 23-
36 and 24-1-7 of the City Code, for weeds; fence to rear
of property in need of repair or missing.
e. Case No. 0043 - Thomas F. Primosch, owner of property
located at 710 Cavalla Road, in violation of Section 23-
36 of the City Code, for weeds.
f. Case No. 0044 - Mr. John Krehel, owner of property
located on 708 Cavalla Road, in violation of Section 23-
36 AND 24-1-7 of the Code, for Weeds; fence to _rear of
property in need of repair or missing.
g. Case No. 0045 - Laurie R. Murray, owner of property
located at 750 and 752 Cavalla Road, in violation of
Section 12-1-3&6, 24-1-7, 12-1-6, and 12-1-7 of the Code,
for: roof deteriorated, rear fence dilapidated or
missing; rotted facia and soffit board; 4 x 4 posts
supporting rear roof decaying at base, old range on porch
at 750 cavalla.
h. Case No. 0046 - Stewart Title Guaranty Company, owner of
property located at Lot 3, Block 16, Royal Palms, Unit
2A, RE#171365-0000, in violation of: High weeds on
property.
5. Board Members Comments
6. Adjournment
MINUTES OF THE CODE ENFORCEMENT BOARD MEETING
HELD AT THE ATLANTIC BEACH CITY HALL
ON SEPTEMBER 1, 1992
CALL TO ORDER Present: George Bull, Jr. Chairman
Barbara Bonner
Edward Martin (excused absence)
Heywood Dowling, Jr.
Herbert Moller
John Venn
Gene Montanye (excused absence)
And: Suzanne Worrall Green, Prosecuting
Attorney (excused absence)
Alan Jensen, Legal Counsel to Board
Don Ford, Code Enforcement Officer
Karl Grunewald, Code Enforcement
Officer
Trudy Lopanik, Secretary
1. Approval of Minutes of Attq ist 4 , 1992.
A motion was made and seconded to approve the minutes of the meeting of
hug-est 4, 1992. An error was pointed out on Page 3 concerning a motion
regarding Case #0035 Patrick Safer; the fine imposed was $250.00 per day,
intil violation was corrected. The question was called and the minutes were
inanimously approved, as amended.
2. Recognition of visitors and guests -
There were no visitors or guests.
3. Old Business:
a. Case no. 0022 - Charles Watson, owner of property located at 210 Mayport
Road, in violation of Section 103.2.1. of the Standard Housing Code and 12-1
(8) of the City Code - Update on condemnation proceedings.
Don Ford reported he had inspected the property on two occasions since the
last Board meeting. He explained the property was maintained at the present
time and he intended to have a structural engineer and Mr. Watson meet as
soon as Mr. Watson returned from a trip. Mr. Ford added he would have a
report from the structural engineer at the next meeting.
b. Case No. 0020 - Forest Thomas, owner of property located at 45 Donner
Road, in violation of City Ordinance Section 12-1(7) , unlawful storage of
junk vehicles - Update from Don Ford.
Don Ford reported the property was in compliance. The Board accepted Mr.
Ford' s report.
''age 2
:ode Enforcement Board
September 1, 1992
c. Case No. 0035 - Patrick Safer, update on property located at 434 Skate
Road, (found in violation of Section 12-1(4) , inoperable vehicles/unlicensed
vehicles at the Code Enforcement Board meeting of August 4, 1992) . Update
from Don Ford.
Don Ford reported the property was in compliance. The Board accepted Mr.
Ford' s report
New Business:
Chairman George Bull stated the Board had many cases to hear under "new
business. " In order to save time Mr. Bull indicated his desire to read case
hearing procedures for all cases that would be heard. Mr. Ford asked that
Case No. 0040, James Smith, and Case No. 0046, Stewart Title Guaranty Company
be heard separately from the other new cases, to which Mr. Bull agreed. Mr.
Bull proceeded to read case hearing procedures for the following cases: Cage
#0039 Cynthia L. Watson, Case No. 0041 Alvin G. Archibald, Case No. 0042
Ernest D. Harden, Case No. 0043 Thomas F. Primosch, Case No. 0044 John
Krehel, and Case No. 0045 Laurie R. Murray. All witnesses were sworn in.
a. Case No. 0039 - Cynthia L. Watson, owner of property located at 702
Cavalla Road, in violation of Section 23-36 and 24-1-7 of the City Code, for
weeds, fence to rear of property in need of repair; no building permit on
file; wood slatted cover over front patio.
Don Ford asked the Board to disregard "no building permit on file, and wood
slatted cover over front patio" in regard to case No. 0039. He explained the
two items had been approved by the Community Development Board and the
property had been granted a variance. Karl Grunewald reported the property
had been brought into compliance. The Board accepted Mr. Grunewald's report.
c. Case No. 0041 - Alvin G. Archibald, owner of property located at 754,
756, 758, 760, 762, 764 Cavalla Road, in violation of Section 12-1-1, 24-1-
7, 12-1-6, and 12-1-3&6 of the City Code, for animal feces; rear fence
dilapidated or missing; rotted facia and soffit board; 4 x 4 post supporting
rear roof decaying at base, and roof deteriorated.
Don Ford reported the property was inspected June 3, 1992, and the Code
Enforcement Inspector issued a 30 day notice to the owner. He added to date
no reply had been received from Mr. Archibald and no improvements had been
made to the property. Roger Kjar, R&K Properties, stepped forward and
reported he was representing, as the property manager, Mr. Archibald and
also Laurie Murray who owned two apartments in the same building. He
reported he met with George Worley, Community Development Director with the
City of Atlantic Beach to determine who was responsible for the upkeep of the
fence behind the property. He indicated after researching the issue no
records were found indicating who was responsible for maintaining the fence.
George Bull stated it was the responsibility of Mr. Archibald or Mr. Kjar to
contact Don Ford, who wrote the initial letter indicating the work that
needed to be done. It was determined neither Mr. Archibald nor Mr. Kjar had
contacted Don Ford.
nage 3
:ode Enforcement Board Meeting
September 1, 1992
A discussion ensued and Don Ford explained under Section 24 of the City Code
a 6 foot barrier was required between residential and commercial properties.
Mr. Ford proceeded to read the section from the Code Book. Mr. Kjar asked
if a hedge could be planted instead of installing a fence and Alan Jensen,
City Attorney, advised since there was a fire lane behind the property
shrubbery might impede the fire lane. There was a discussion concerning the
roof and Don Ford indicated the roof leaked. Mr. Kjar agreed there had been
leaks in the roof and he indicated Mr. Archibald fixed the leaks and there
were no leaks at the present time even though the roof looked in need of
repair. Mr. Bull replied when the roof begins to look deteriorated termites
could become a problem, rats could become a problem, and a health problem
could occur.
Karl Grunewald reported there were overgrown weeds in the back of the
property, the roof was dilapidated, and animal feces on the property
presented health hazards.
Mr. Dowling indicated the City' s letter was dated June 3, 1992 in which Mr.
Archibold was given 30 days to correct the problems. Mr. Dowling added that
was 90 days ago, and Mr. Archibald had not responded.
Motion: It was moved by George Bull, seconded by Barbara Bonner, and
passed, to impose a $50.00 fine per day on Mr. Archibald beginning
September 2, 1992 and continuing until the property is brought into
compliance to the satisfaction of Don Ford, Code Enforcement Inspector.
d. Case No. 0042 - Ernest D. Harden, owner of property located at 714
Cavalla Road, in violation of Section 23-36 and 24-1-7 of the City Code, for
weeds; fence to rear of property in need of repair or missing.
Charles Buterbough, Contractor representing Mr. Harden stepped forward and
indicated the work was completed. The Code Enforcement Inspector indicated
the property was in compliance.
e. Case No. 0043 - Thomas F. Primosch, owner of property located at 710
Cavalla Road, in violation of Section 23-36 of the City Code, for weeds.
The Code Enforcement Inspector reported the property was in compliance.
f. Case No. 0044 - Mr. John Krehel, owner of property located on 708 Cavalla
Road, in violation of Section 23-36 AND 24-1-7 of the Code, for Weeds; fence
to rear of property in need of repair or missing.
The Code Enforcement Inspector reported the property was in compliance.
Page 4
;ode Enforcement Board Meeting
September 1, 1992
q. Case No. 0045 - Laurie R. Murray, owner of property located at 750 and
752 Cavalla Road, in violation of Section 12-1-3&6, 24-1-7, 12-1-6, and 12-1-
7 of the Code, for: roof deteriorated, rear fence dilapidated or missing;
rotted facia and soffit board; 4 x 4 posts supporting rear roof decaying at
base, old range on porch at 750 Cavalla.
Mr. Murray appeared before the Board and indicated his desire to bring the
property into compliance. He indicated he did not feel the roof needed to be
repaired. Mr. Murray explained he would need 30 days to repair the fence
and facia. The board directed Mr. Murray to meet with Don Ford to ascertain
exactly what repairs need to be done and to have a roofer meet with Mr. Ford
to ascertain if the roof needs to be replaced.
Motion: A motion was made by John Venn, seconded by Herbert
Moeller, and passed, that Laurie Murray be given one week to meet
with Don Ford, Code Enforcement Inspector, to agree upon repairs
that need to be made. Laurie Murray shall be given 30 days, after
meeting with the Code Enforcement Inspector, to bring the property
into compliance, including some type of agreement on what is to be
done with the roof
b. Case No. 0040 - James Smith, owner of property located at Lot 11, Block
4, Donners Replat, RE#172244-0000, in violation of Section 23-36 of the City
Code, for high weeds, trash, and debris continuously present on the
property.
George Bull read the case hearing procedure. Don Ford reported to the Board
concerning the property and indicated the first notification was given to Mr.
Smith a year ago, at which time Mr. Smith agreed to clear the property. Mr.
Ford passed out pictures of the property and indicated the rear yard was in
the same condition as the front yard. Mr. Smith appeared and indicated he
would need 10 days to clear the property. Mr. Ford reported Mr. Smith had
started to clear the property.
Motion: It was moved by George Bull, seconded by Barbara Bonner,
and passed, to give James Smith 10 days, until September 12, 1992,
to come into compliance to the satisfaction of Code Enforcement
Inspector, Don Ford. For each day he is not in compliance he
shall be fined $25 .00 per day.
page 5
:ode Enforcement Board Meeting
September 1, 1992
h. Case No. 0046 - Stewart Title Guaranty Company, owner of property located
at Lot 3, Block 16, Royal Palms, Unit 2A, RE#171365-0000, in violation of:
High weeds on property.
George Bull read the case hearing procedure for Case No. 0046. A
Representative of Steward Title appeared and indicated the property was cut
yesterday (August 31, 1992 ) and now that it was mowed to a manageable level,
it would be possible to have employees of Stewart Title maintain the
property.
Motion: It was moved by George Bull, seconded by John Venn, and
passed, to take Stewart Title Guaranty Company on its word that the
property will be maintained on a three month basis. If Stewart
Title does not maintain the property on a three month basis they
will come before the Board for action
A question arose concerning the collection of fines and placing liens against
property, should a fine not be paid. City Attorney Alan Jensen was asked to
report to the Board concerning how long a fine can accrue before a lien can
be placed on a piece of property.
There being no further business the meeting adjourned at 9:00 p. m.
George Bull , Jr.
ATTEST:
Trudy Lopanik
Secretary