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.