CITY OF LYNN HAVEN
CODE ENFORCEMENT BOARD
October 28, 2004
The Lynn Haven Code Enforcement Board held a regular meeting on October 28, 2004
at 7:00 PM at City Hall.
PRESENT:
James Griffin, Chairman
Doug Darnell, Co-Chairman
Claude Mixdorf, Board Member
Carolyn Swenson, Board Member
John McCrory, Board Member
Amy Ross, City Attorney
John Colosetti, Code Enforcement Officer
John Pauga, Code Enforcement Officer
Patrick Hamilton, Police Officer
ABSENT:
David Adams, Board Member
Sharon Sheffield, Board Member
James Griffin called the Code Enforcement Board meeting to order at
7:05 P.M.
The minutes from the September 9, 2004 meeting were approved.
John Pauga advised we would now re-open the hearing on the property
located at 1212 Mississippi Avenue. Mr. Pauga noted that the property
owner, Annie Harris, was not present. Mr. Pauga acknowledged that the
vehicle owner's father, King Harris, was present.
Attorney Ross swore in John Pauga and called for Jennings
Disclosures.
John Pauga presented a power point overview of the violations, the first
hearing and what had been removed. Mr. Pauga stated the only remaining
violation is a blue Caprice parked in the backyard that has been untagged
for the past four months. The violation is noted as M.O. 26-97, Parking,
Storing, and Leaving Unauthorized Vehicles.
Mr. Harris was sworn in by Amy Ross. He advised he purchased a
battery today, so that he could sell the vehicle tomorrow. Mr. Harris
presented the Board with a sales receipt. Mr. Harris stated that if the
vehicle was not sold tomorrow he would transfer the tag off of his vehicle
over to the untagged Caprice.
After Board discussion Claude Mixdorf made a motion to give the
property owner fifteen (15) days to get the vehicle tagged or sold. If at
the end of fifteen (15) days the property owner has not complied with
the order issued, then a fifty ($50.00) a day fine would be imposed.
Motion second by John McCrory.
Mixdorf: aye
McCrory: aye
Darnell: nay
Swenson: aye
Griffin: aye Motion Passed: 4-1
John Pauga Advised we would have a hearing regarding the property
located at 1509 Pennsylvania Avenue, property owner, Cartellas Knox.
Mr. Pauga noted one of the heirs to the property, Crystal Brown was
present.
Attorney Ross called for Jennings Disclosures.
John Pauga presented a power point presentation outlining the violations,
noted as M.O. 26-30 sections a, b & c, M.O. 26-32 sections 1, 11,
12 (a), & (b), and M.O. 26-97. Mr. Pauga advised on June 24, 2004,
after he was unable to make contact with anyone at the residence he
left a Notice of Violation door hanger with a 15- day check back time.
Mr. Pauga advised he inspected the property on July 12, 2004, and
found there had been no changes. Mr. Pauga stated on July 26, 2004,
he returned to the property for a follow up and found no change since
his initial visit. Mr. Pauga stated on September 17, 2004, he hand
delivered a supplementary notice listing the violations and the
ordinances being broken. Mr. Pauga stated on October 1, 2004, he
inspected the property. There were no changes. Mr. Pauga advised on
October 28, 2004, he received a call from Crystal Brown, she said she is
the person who resides at 1509 Pennsylvania Avenue and that the
original property owner Cartellas Knox is now deceased, and that the
property had gone to the heirs. Ms. Brown was unable to tell exactly who
the new owner or owners of the property was.
Attorney Ross Swore in Crystal Brown
Crystal Brown advised she was not aware she was in violation, since the
property was left to her and several relatives, by her late grandfather,
Cartellas Knox. Ms. Brown stated that she and several relatives share the
residence. Ms. Brown advised the truck belongs to her cousin, who
will move the truck off the property tomorrow. Ms. Brown advised she
was unsure who pulled the toolboxes, washing machine and bike parts
out of the shed. Ms. Brown advised she would put all the items back into
the shed.
John McCrory then made a motion to give Ms. Brown thirty (30) days to
bring the property into compliance and at the end of thirty days if the
property is not in compliance, start a twenty-five ($25.00) per day fine for
each day the property in not in compliance. Claude Mixdorf seconded
the motion.
McCrory: aye
Mixdorf: aye
Darnell: aye
Swenson: aye
Griffin: aye Motion Passed: 5-O
John Pauga advised of hearing on 1318 Texas Avenue property owner,
Dennis Abrahamson. Mr. Pauga noted that Mr. Abrahamson was
present.
Attorney Ross asked for Jennings disclosures form the board
members.
John Pauga presented a power point presentation outlining the violations,
noted as, M.O. 26-30, sections a,b & c, M.O. 26-32, sections 1 , 11, 12, (a
&b), M.O. 26-33, sections 1,2,3 & 4, and M.O. 26-97. Mr. Pauga noted
Officer Keukelaar visited the property on February 25, 2004. Officer
Keukelaar observed the fence around the property had fallen down in some
areas, and one of the gates was missing. He observed 3 untagged vehicles,
several old air conditioning units, and piece of wood strewn around the
yard. Office Keukelarr made contact with property owner Mr. Abrahamson,
who stated the fence had fallen during a recent storm. Mr. Abrahamson
advised due to recent illness he was unable to keep his yard clean and his
fence repaired. Officer Keukelarr wrote up and gave a Notice of Violation
to Mr. Abrahamson stating he must repair the fence and remove the debris
from his yard. Mr. Pauga advised on August 31, 2004, Sgt. Smith went
to the property regarding violations. Sgt Smith observed 3 untagged
vehicles and an accumulation of junk and trash in the backyard. Sgt. Smith
was unable to make contact with owner at that time. Mr. Pauga stated on
September 1, 2004, he made his initial visit to the property. Mr. Pauga
advised he observed 3 untagged/junk vehicles, air conditioners and parts,
propane tank, satellite dish, mattresses, etc. Mr. Pauga noted the grass was
over 12" high and the pool contained stagnant water. Mr. Pauga stated on
October 1, 2004 he returned to the property and noted very little had been
done to rectify the situation. Mr. Pauga was unable to make contact with
the owner at the time. Mr. Pauga advised he visited the property again
October 28, 2004. Mr. Pauga found no change to the condition of the
property, and numerous violations remain.
Mr. Abrahamson was sworn in by Attorney Ross. Mr. Abrahamson stated
that the vehicle in the driveway, a gray Buick, belonged to his son, and he
will tell him he needs to sell it or have it tagged to be in compliance. Mr.
Abahamson stated he was not aware the Code Enforcement Officer could
take pictures of his yard without his permission. Mr. Abrahamson advised
he has no help and due to his health along with raising his two grandsons,
he is slowly cleaning up. Mr. Abrahamson advised the pool was crystal
clear two weeks ago. He said he is unable to clean the pool at this time
due to an unknown object stuck in the pump. Mr. Abrahamson advised
the two untagged vehicles in the backyard are blocked in by a mound of
dirt his ex-son law dumped there and the yard debris was caused by his
two grandsons. Mr. Abrahamson advised his shed has been damaged from
the recent hurricane, but he would use the untagged van temporally to store
the items until his shed is repaired. Mr. Abrahamson advised he would have
the pool cleaned in the next few days and will continue to move the air
conditioning parts, propane tanks, etc. to the dump.
After much board discussion John McCrory made a motion to give the
property owner fourteen (14) days to either tag or move all three (3)
vehicles. If the property owner has not complied with the order a twenty-
five ($25.00) per day fine would be imposed. Also, give another thirty
(30) days for all other violations to be brought into compliance, for a total
of forty-five (45) days. If at the end of forty-five (45) days the property
owner has not complied with the order issued, then a twenty-five ($25.00)
per day fine would be imposed. Doug Darnell seconded the motion.
McCrory: aye
Darnell: aye
Mixdorf: aye
Swenson: aye
Griffin: aye Motion Passed: 5-0
John Colosetti advised we would now have a hearing on 1601 Indiana
Avenue. Mr. Colosetti noted property owner William Washington was
present.
Attorney Ross swore in John Colosetti and called for Jennings Disclosures
John Colosetti presented a power point presentation outlining the
violations, noted as M.O. 26-32, section 12 and M.O. 26-33, section 3.
Mr. Colosetti advised he had intended to present his case to the
Code Enforcement Board on September 9 , 2004, but noticed that there
were errors in the original notification of violations. Mr. Colosetti sent
a corrected copy of the violation on September 3, 2004, which advised
Mr. Washington he did not have to appear before the board on September
9, 2004. Mr. Colosetti advised on October 8, 2004, a notice of Chapter 13
Bankruptcy was received at the Lynn Haven Police Department. Mr.
Colosetti noted as of October 22, 2004, no building permit had been
issued. The junk autos had been removed, but there was no apparent work
done to repair the property. Mr. Colosetti stated he was advised by the
City Attorney to bring the property owner before the Code Enforcement
Board.
Attorney Ross advised the Code Enforcement Board that Chapter 13
protects the property and the owner. Attorney Ross stated the Board
is not in the position to pursue the property for non-compliance.
William Washington was sworn in by Attorney Ross. Mr. Washington
advised since he was unable to get a loan to repair the home, he filed
Chapter 13. Mr. Washington advise he is relinquishing the home. The
Bankruptcy case will be settled on November 19, 2004, and he will
notify the Code Enforcement Board who the new owner is.
John Colosetti reported that today at the Lynn Haven Police Department
Ryan D. Sandlin hand delivered a Notice of Appeal for his property
at 403 Montana Avenue.
Amy Ross noted the fine is still in effect, until Mr. Sandlin files his
appeal in Court.
John Colosetti advised he has not heard from Ms. Buttar, 1514
Indiana Avenue.
John Colosetti reported Mr. Zaiger has not done anything to his
property at 402 Illinois Avenue.
There being no further business the meeting was adjourned at 8:30 P.M.
James Griffin, Chairman
