CEB_07-28-81_Min1
aF -t14 E sr,�
o,,
r �
� � v
f S OD w E To
�Histv6 r
( W'�.'Htv of Xonsfuload
175 Ortit Aurni
ungfnaad A'Ivrida 32750
(`del. 831 -0555
.A %
SINCE 1883
T`
Al
July 28, 1981
The Codes Enforcement Board of the City of Longue d, Florida met at 7:30 - p. m.
Present: Richard I. wallsh
Steven Kircher
Virgil Pavone
Bob Thomas
Harvey Smerilson
Marvin Rooks, City Attorney
Donald Terry, Board Secretary
Absent: William rLitchel l
B. H. Farrell
1. Chairman wallsh called the meeting to order. Pledge of Allegiance to the
United States Flag,
2. The secretary called the roll - Mr, Farrell and Mr. Mitchell were absent.
The secretary said that Mr. Mitchell had called to report he could not attend.
3. Mr. Wallsh asked Mr. Smerilson if he had attended the previous meeting and
had heard all the testir ny and seen the exhibits in the case of Mr. John Yarnall .
Mr. Smerilson said that he had and Mr. wal l sh stated that Mr. Smerilson was
an alternate and would sit on the board in the absence of Mx. Mitchell.
4. Motion by Mr. Pavone, seconded by Mr. Kircher that reading of minutes be
suspended. Motion carried by voice vote.
5. Motion by Mr. Pavone, seconded by Mr Smerilson that minutes of July 14, 1981
be accepted as written with the exception of three typographical errors. Motion
carried by voice vote.
6 . Mr. wal l sh stated that this meting was a continuation of the meeting of
July 14, 1981 concerning Mr. John Yarnall. Mr. wall sh asked if Mr. Yarnall
was present and if he had obtained the services of an attorney. Mr Yarnall
said he was present and that he had spoken with an attorney but that he did
not have one present since he had given up. Mr. Yarnall said that he had
obtained a permit and had a fence installed around his property. Mr. wallsh asked
Mr. Yarnall if he wished to be sworn in and 11r. Yarnall said that he did. Mr
Yarnall was sworn in and gave the following test Mr Yarnall said he had
put a fence around his property and that all vehicles were now in the ccnpound
except for a few vehicles in front of the property which were for sale.
7 , Mr. Kircher asked Mr. Yarnall if he had worked with Mr. Chacey and the Citv
in resolving the prob 1 em . Mr. Yarnall stated that he had not - that he had only
recently received notification that he was in violation. Mr. K.ircher asked Mr.
Yarnall if he believed that he had cleaned up the area and Mr. Yarnall replied yes.
8. Mr. Rooks asked Mr. Yarnall to describe the vehicles behind the fence and
�Ir. . Yarnall said that he had approximately 10-14 junked or abandoned cars and he
planned to fix some of then. Mr. Yarnall said that none of the vehicles were in
an enclosed building,
9 , officer Larry Grose asked Mr. Yarnall if the vehicles he had for sale
on the south side of the garage had valid license tags and registration and
Mr. Yarnall said they did not. Mr. Wall sh asked Mr. Yarnall if he wished
to call anyone to testify in his behalf and Mr. Yarnall said no.
10. Officer Larry Grose continued the City's case and presented an affidavit
into evidence signed by Mr. David Chacey, dated July 27, 1981 which states
that a portion of Mr. Yarnall's property is located in industrial zoning, I -1
and part of it is in a residential area. The permitted and conditional uses
for I -1 zoning were read and it does not list automobile storage facilities.
The statement f rein Mr. Chacey reads that Mr. Yarnall. has a valid occupational
license for a auto repair shop which does not pe operation of an autombile
storage facility. The affidavit also states that as of 3: p.m. July 27,
1981, Mr. Yarnall is still in violation of ordinance No. 252.
11. Mr. Chacey was present and stated that the signature on the affidavit was
his. The affidavit was admitted into evidence as exhibit number 7.
12, officer Grose stated that he had inspected the property at 7 :10 p.m, this
date and Mr. Yarnall was still in violation, officer Grose stated that Ord. 252
prohibited wrecked or abandoned cars regardless of whether they were visible from
the street. officer Grose stated that records of the Police Department reveal
that Mr. Yarnall has a record of 3 prior warnings concerning wrecked and abandoned
cars. The first report was dated December 2, 1970, the second on December 13, 1973
and the last on July 24, 1980. Mr. Rooks asked officer Grose if he counted the
number of abandoned vehicles and Officer Grose said no.
13. Mr. Henry Freeman of 200 Palmetto Avenue asked to speak as a witness on
behalf of the City and was sworn in by the secretary. Mr Freeman said he had
lived in his house for 2 years and that he had first complained about Mr. Yarnall
about 10 years ago. He stated that the property had gone down in appearance since
Mr. Yarnall moved in. Mr, Yarnall had no questions for Mr. Freeman
14. officer Grose said that was the co letion of the City's case.
15. Mr. wallsh armoury ed tha.t the public hearing was closed and he invited the
public to remain while the board was deliberating.
16. Mr. Rooks read the applicable portions of Ordinance No. 252. Exhibits 3 and
4, phtographs of the property were viewed again by the board. Mr. Rooks stated
that there were three questions for the board to decide:
a. V he ther '�Ir . Yarnall was in violation of ordinance No. 252.
b. What specifically Mr. Yarnall must do to comply.
c. What penalty, if any, the board should impose if Mr. Yarnall fails to
comply*
17. After further discussion the board took a roll call vote to determine if
Mr Yarnall was in violation of ordinance No. 252. Mr. smeril son , Mr. Pavone ,
rtr . Kircher, Mr. Thomas and Mr. Wall sh all stated that Mr. Yarnall was in violation.
18. Mr. Thomas sugg ested that Mr. Yarnall be given 15 days to remove vehicles from
his property. Yx . Yarnall said he objected to the board receiving new photographs
in evidence and Mr wall sh stated that the photographs were the ones a tt ed at
previous meeting. NIr. . Yarnall asked the board to give him 30 days in which to
remove the vehicles. Mr. Thomas said Mr Yarnall had been given since 1970 to
remove the vehicles.
pr
K ef
gr
-C A%
4 r
-ep
--g: Vk
N
Ll r
e r!
Wto
i-
Mm
or
93
r 1:19i
T ..
Wh