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04-10-90 v AGENDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH April 10, 1990 Call to Order Pledge to Flag Roll Call 1. Recognition of Visitors and Guests 2. New Business Case #0014 - Laurin H. & Susan W. Potter , 540 Royal Palms, Atlantic Beach, Lot 21, Block 17, R/P of Part of Royal Palms 2A, in violation of the Code of Ordinances of the City of Atlantic Beach, Section 17.1 4. Board Members Comments 5. Adjournment MINUTES OF THE CODE ENFORCEMENT BOARD MEETING HELD AT CITY HALL ON APRIL 10, 1990 AT 7:30 P.M. CALL TO ORDER: Present: George Bull, Jr. , Chairman Heywood Dowling, Jr. Mattie Freeman Edward G. Martin Mary Lyle Perry Allen Salfer And: Suzanne Bass, Prosecuting Attorney Alan Jensen, Legal Council to Board Karen S. Moore, Secretary Absent: Herbert Moller, Excused 1. Recognition of Visitors and Guests -None Old Business Mr. Bull stated he was concerned with the progress of Mr. Francisco Rebelo concerning the debris he had placed on Tommie Curries' property on Ardella Road. Mr. Ford reported that he had inspected the property that afternoon and he estimated Mr. Rebelo is about 80% clear of Mrs. Currie's property. He stated there were a few items still on the property that belonged to Mr. Rebelo. Mr. Dowling reminded the Board they gave Mr. Rebelo until April 1, 1990 to remove the debris. Mr. Bull moved to initiate a $100 a day fine starting April 1, 1990 to Mr. Rebelo. He stated Mr. Rebelo should be notified by registered letter. The motion was seconded by Mrs. Freeman and carried unanimously. 2. New Business Case #0014 - Laurin H. & Susan W. Potter, 540 Royal Palms, Atlantic Beach, Lot 21, Block 17, R/P of Part of Royal Palms 2A, in violation of the Code of Ordinances of the City of Atlantic Beach, Section 17 . 1 began with notification that a court reporter was taking a record of the hearing by stenographic notes. The City was represented by Suzanne Bass, Prosecuting Attorney. Mr. Don Ford, Code Enforcement Officer was a witness for the City. All witnesses in the case were sworn in. Mr. Bull stated Mr. and Mrs. Potter had been subpoenaed to appear before the Board, however they were not present. Ms. Bass began by stating the evidence would show that Mrs. Potter had a number of signs on her chain link fence in front of her house and this was in violation of Section 17-1 of the city code. Ms. Bass called Carl Walker to testify. He stated he had filed a complaint on March 5, 1990 relative to a probable violation of the code and the unsightly appearance of the signs. He stated there were approximately 22 rental signs across the front of the fence and according to the ordinances there can be only one rental or for sale sign in the yard. Code Enforcement Board April 10, 1990 Page 2 At this time, several neighbors living near the Potter's property testified that there were twenty-two or more signs posted on the front of the fence and that the signs were unsightly. Mrs. Freeman asked Mr. Ford if the Potter's think that because they own the fence they can put anything on it they want. Mr. Ford responded that she has not been very rational with him and all he has gotten from her is verbal abuse. He stated that Mrs. Potter was issued a copy of the ordinance, has been notified on three different occasions, Public Works had talked to her about using water from neighboring residences due to the fact that she was not paying a water or sewer bill. Ms. Bass stated that Mr. Ford had taken pictures of the Potter's property on March 6, 1990 and as of this date, the signs were still attached to the fence. Ms. Bass passed the pictures to the Board members. Mr. Ford stated he had first met with Mrs. Potter on March 6, 1990, he informed her the signs were a violation of the city ordinance and that she had 15 days after she was notified in writing to remove the signs. He notified her in writing on March 13, 1990. He stated the notification was hand delivered by Lt. James Christman of the Atlantic Beach Police Department. Ms. Bass stated she had no more questions for Mr. Ford. At this time, Mrs. Potter entered the room. Mr. Bull swore her in and asked Mrs. Potter if she was prepared to state her case to the Board. She stated she was not prepared at this time. Mr. Bull asked her if she was aware of the charges brought against her by the city. Mrs. Potter stated she was aware of those charges and the Board may preceded with the hearing without her. She stated she would appeal any decision made by the Board. Mrs. Potter than exited the building. Closing Statements Ms. Bass stated the city had completed its case against the Potters. She said she believes it is clear to the Board that the section of the code had been violated to the extent that Mrs . Potter has more than one sign advertising her home for rent. She asked the Board to find her in violation of the code and do what they see fit in terms of setting a fine. Mr. Bull moved to notify Mrs. Potter she must remove the signs by April 11, 1990, and if she did not remove the signs she would be fined $250 a day for each day the signs stay up. The motion was seconded by Mr. Martin and passed unanimously. After a brief decision about the possibility of Mrs. Potter putting the signs up in the future, Mr. Bull stated he wished to amend his previous motion. Mr. Bull amended his motion to state if Mrs. Potter takes the signs down and then puts them back up, she still would be subject to the $250 a day fine. The motion was seconded by Mr. Dowling and passed unanimously. * * * * * * * * * * * * * * * * * * Code Enforcement Board April 10, 1990 Page 3 4. Board Member Comments - None 5 Adjournment The being no other business to come before the Board, Mr. Bull adjourned the meeting at 8:30 p.m. Al \ALVALAK George :ull, Jr. Chairman ATTEST: / 4 //60, 7Lie Karen S. , Secretary CODE ENFORCEMENT MONTHLY REPORT APRIL 1990 * TOTAL COMPLAINTS 22 RESOLVED 16 CODE ENFORCEMENT BOARD 0 UNDER INVESTIGATION 4 TOTAL JUNKED CARS 2 2 UNDER INVESTIGATION BUILDING CODE VIOLATIONS 2 1 UNDER INVESTIGATION 1 RESOLVED ZONING VIOLATIONS 15 13 RESOLVED 2 UNDER INVESTIGATION WEEDS 2 2 RESOLVED * THIS TOTAL REPRESENTS SOME CURRENT AND SOME PAST COMPLAINTS. WE ARE TAKING PAST COMPLAINTS, JUSTIFYING THEM AND PURSUING AS TIME ALLOWS.