CITY OF LYNN HAVEN
CODE ENFORCEMENT BOARD
MARCH 24, 2005 -7 P.M.
The Lynn Haven Code Enforcement Board held a regular meeting on Thursday, March 24, 2005 at 7:00 p.m. at City Hall.
Present:
Sharon Sheffield, Chairman
Claude Mixdrof, Co-Chairman
Perry Stevens, Board Member
John McCrory, Board Member
David Adams, Board Member
Doug Darnell, Board Member
Amy Ross, City Attorney
John Colosett, Code Enforcement Officer
John Pauga, Code Enforcement Officer
Patrick Hamilton, Police Officer
Absent:
James Griffin, Board Member
Sharon Sheffield called the Code Enforcement meeting to order at 7:03 P.M. Ms. Sheffield gave the invocation. The Pledge of Allegiance followed.
Mixdrof made a motion to approve the minutes from the February 24, 2005, meeting. Second to motion: Adams.
Item # 3. Case # 20050303. Hearing on 920 Bradley Circle, property owner, Sandra Cain.
John Pauga presented a powerpoint presentation outlining the violations, noted as M.O. 26-97 & M.O. 26-32 sections 11 & 12. Mr. Pauga noted Enoch Massalene, owner of the vehicle in violation, was not present.
Motion made by John McCrory: The City shall undertake the removal of the vehicle from the property.
Second to the motion: Claude Mixdrof.
On vote:
McCrory: aye
Mixdrof: aye
Stevens: aye
Adams: aye
Darnell: aye
Sheffield: aye Motion passed 6-0
Item #4. Case # 2004082188. Update Hearing on 1416 Minnesota Avenue, property owner, Edward Chestnut.
Mr. Pauga gave a powerpoint presentation outlining the violations noted as M.O. 26-30 sections a,b &c, M.O. 26-32 sections 1, 11, &12, M.O. sections 1 &3 and M.O. 26-97. Mr. Pauga noted Mr. Chestnut was present.
Mr. Chestnut requested he be provided a copy of the Lynn Haven Code Enforcement Handbook. Mr. Chestnut stated he is reluctant to schedule another pick up with the city, the last pick up cost him $40.00. Mr. Chestnut advised the items under the shed are not junk. Mr. Chestnut advised he has made arrangements for the Ford Escort to be removed next week.
Mrs. Chestnut stated she is planning to keep the Cadillac, which at this date is in the process of being repaired. Ms. Chestnut asked if there was another place to discard the remaining items, bikes, parts ect.
Ms. Sheffield suggested donating the bikes to Mike Jones, get an estimate from Public works for a special pick up and enclose the shed with tarps.
Mr. McCrory asked Mr. Chestnut how much time he would need to bring the property into compliance.
Mr. Chestnut advised if he was given 60 days he could bring the property into compliance.
Motion by McCrory: to give the Chestnuts 60 days to bring the property into compliance if at the end of 60 days the property is not in compliance, then a thirty ($30.00) dollar per day fine would be imposed.
Second to the motion: Adams.
On vote:
McCrory: aye
Adams: aye
Darnell: aye
Stevens: aye
Mixdrof: aye
Sheffield : aye Motion passed 6-0
Item #5. Case # 2004022359. Update Hearing on 1318 Texas Avenue, property owner, Dennis Abrahamson.
Mr. Pauga gave a powerpoint presentation outlining the violations noted as M.O. 26-30 sections a, b & c, M.O. 26-32 sections 1, 11 &12, M.O. 26-33 section 1 and M.O. 26.97. Mr. Pagua advised the violations are accumulating a fine of $25/day, for a total of $1625.00 as of March 24, 2005. Mr. Pauga requested a cap on when to end accumulation of fines, have the city enter the property and clean up the remaining violations. Mr. Pauga noted Mr. Abrahamson was present.
Mr. David Abrahamson stated he has no intention of paying the fine, because his yard is 100 percent cleaned except for a small amount of trash. Mr. Abrahamson advised the pool has been cleaned and the shed is in the process of being removed. Mr. Abrahamson advised he never received notification that the $25/day fine had begun and feels the fine is too high, which he plans to file an appeal notice with the court. Mr. Abrahamson requested his fine dropped if he cleared all the violations by next week.
Mr. Darnell advised Mr. Abrahamson the Board has never dropped a fine and the Board will still enforce the pending fine.
Mr. Mixdrof suggested Mr Abrahamson clean up the violations, then meet back with the Board and Code Enforcement.
Motion made by John McCrory: the accruing fines are held for one week, beginning Friday, March 25, 2005 and ending Friday, April 1, 2005 to allow Mr. Abrahamson an extension of time to bring the property into compliance. Thereafter, beginning April 2, 2005, a twenty-five (25.00) dollar, a day fine would be imposed.
Second to the motion: Claude Mixdrof.
On vote:
McCrory: aye
Mixdrof: aye
Stevens: aye
Adams: aye
Darnell: aye
Sheffield: aye Motion passed 6-0
Item #6. Case # 2004062643. Update Hearing on 1507 Pennsylvania Avenue, property owner, Charity Johnson.
Mr. Pauga gave a powerpoint presentation outlining the violations noted M.O. 26-30, and M.O. 26-32 sections 1, 11 & 12. Mr. Pauga noted on February 21, 2005 the 3 violating Cadillacs were removed. The trash is still accumulating a $25/day fine, for a total of $2200.00 as of March 24, 2005. Mr. Pauga requested a cap on when to end accumulation of fines, have the city enter the property and clean up the remaining violations. Mr. Pauga noted the property owner Charity Johnson is deceased.
Motion made by Adams: the City will undertake the removal of the remaining violations and assess the cost against the owner or occupant of the property.
Second to the motion: Darnell.
On vote:
Adams: aye
Darnell: aye
McCory: aye
Mixdrof: aye
Darnell: aye
Sheffield: aye Motion passed 6-0
Item #7. Case # 2004042303. Update Hearing on 1514 Indiana Avenue, property owner Mussarat Buttar.
Mr. Colosetti stated at the February 24, 2005 meeting The Board ordered Ms. Buttar to have a written plan including names of contractors, start dates and completion dates of 60 days for repairs by close of business March 3, 2005. Mr. Colosetti advised when he had not received a plan by March 8, 2005 he contacted Amy Ross, Code Board Attorney; she advised that the fines should begin Mach 3rd since Ms. Buttar had not done as directed. Mr. Colosetti advised he received a call from Mr. Chaudry March 11, 2005. Mr. Chaudry advised he did not understand why fines had begun and requested to be on the agenda to meet with the Board. Mr. Colosetti noted Ms. Buttar was present.
Ms. Buttar advised on March 11, 2005, her brother Khalid Chaudhry, provided John Colosetti a plan of action showing the estimated times and completions of the plumbing and electrical. Ms. Buttar advised it was her understanding that she had 60 days to show some improvements, not 7 days after a plan was summited.
Mr. Darnell advised the order issued February 24, 2005 should have been for Ms. Buttar to present the Board with a satisfactory plan, instead of putting the responsibility on the Code Enforcement Officer. Mr. Darnell suggested that all fines assessed prior to March 24, 2005 be rescinded.
Motion by Adams: to produce paperwork indicating all licensed contractors hired to complete improvements by 5:00 p.m. Friday, March 25, 2005, paperwork will be reviewed by Vice-Chairman Mixdorf for approval. Failure to produce paperwork by shall result in a fine of twenty-five (25.00) dollars per day fine.
Second to motion: Mixdrof.
On vote:
Adams: aye
Mixdrof: aye
Darnell: aye
McCrory: abstain
Stevens: aye
Sheffield: aye Motion passed 5-0
Item #8. Case # 2002080059. Update Hearing on 403 Montana Avenue, property owner, Ryan Sandlin.
Mr. Colosetti advised the violations are accumulating a fine of $50/day, for a total $5100.00 as of March 24, 2005. Mr. Colosetti requested a cap on when to end accumulation of fines and file a lean. Mr. Colosetti noted Mr. Sandlin was not present.
Motion by Mixdrof: Fines' cap set at $8000.00. At the time fines reach $8000.00 the City will proceed with demolishion order.
Second to motion Darnell.
On Vote:
Mixdorf: aye
Darnell: aye
Stevens: aye
McCrory: aye
Adams: aye
Sheffield: aye Motion passed 6-0
Item #3. RE-OPENED
Mr. Pauga advised Mr.Enoch Massalene was present. Mr. Pauga advised he did not notify Mr. Massaline of the violations, because it was his understanding that he did not have to notify a repeat offender.
Ms. Ross advised Mr. Pauga that he has to notify Mr. Massaline of the violation with a time to comply before he brings him before the Board. Ms. Ross suggested the Board amend motion.
Mr. McCrory withdrew his motion. Mr. Mixdrof withdrew his second to the motion.
Mr. Pauga provided Mr. Massaline with a written notice of violation .
Ms. Sheffield witness Mr. Massaline received written notice of violation from Mr. Pauga.
Motion by McCrory: to give Mr. Massaline 5 days to bring vehicle into compliance. Thereafter on the 6th day the City will undertake removal of vehicle.
Second to motion: Stevens.
On Vote:
McCrory: aye
Stevens: aye
Adams: aye
Darnell: aye
Mixdrof: aye
Sheffield: aye Motion passed 6-0
Item#9. Staff Report.
John Colosetti reported on the Code Enforcement productivity from 2/24/05 -3/24/05.
There being no further business the meeting was adjourned at 10:07 p.m.
Sharon Sheiffield, Chairman
