Charges against Weeks sustained $3600 fines

After two hours of deliberation and presentation of testimony before the Code Enforcement, Adjustments and Appeals Board today, members were split on findings of responsibility and the amount of fines to be charged to former HARB chairman, Len Weeks, for his role leading to irreparable damage to one of only 30 remaining colonial structures.

The Board, hand chosen by the elected members of the St Augustine City Commission, heard Weeks argument that the demolition of the historic 200-year-old Pedro Fornell House was merely an “accident”. The structure was located at 62 Spanish Street and was one of only 31 remaining Spanish colonial period homes in St Augustine’s historic preservation districts.

All the Board members participated in the hearing, including William Rosenthal, Chairman, Martha Mickler, Andrew Morgan, CeCe Reigle, Clyde Taylor, Judi Schuyler, and Chad K. Smith. The Assistant City Attorney informed the Board that their purpose was solely to find if a violation of City Codes occurred, and, if Weeks committed those violations, the amount of fine to levy. The “preponderance of evidence” standard applied to the Board’s decision; that being that the testimony and evidence had to show that it was “more likely than not” a violation of the City Code. The maximum fine for any code violations would have been $5,000.

Public comments were made by Ed Slavin and a retired code enforcement officer from South Florida who opined common sense would dictate that if a structure were built on a weak foundation, supported by the soil against it, before you take the soil out you must shore up the foundation. Referring to the required permits that were not timely obtained by Weeks before demolition, he commented that it is easier to ask for forgiveness than ask for permission.

At one point, Weeks asked the Board to consider other factors that he believes contributed to the collapse of the building. He laid blame in part on the adjacent road construction on Spanish Street, which borders the property to the east, and Hypolita Street, which borders the property to the north. City Building official, William Franke, said that there could have been “100 or more” contributing factors — but he reserved absolution; had the process been completed timely, had Weeks followed the established protocol, had the inspections been done thoroughly and when due, Franke said that he saw no reason for the building to be lost.

Slavin pointed out that if anyone was to blame for the road work being done around the building, it was Weeks, himself — since he was the one who instigated the estimated $2.7 million “Downtown Improvement District Project” that benefits him and his wife’s investment property on Spanish, Hypolita and Treasury Streets with a new look and enhanced services.

“I cannot do anything to the slab without approval from the Historic Architectural Review Board,” Weeks said of the future for the property. “I am committed to encapsulating the existing slab into the new construction.”

Weeks dismissed as “rumor” speculation that he intends to build a “mini mall”.

“I will put the building back to its pre-1961 appearance using about $50,000 worth of Southern Heart Pine, coquina, windows or other building materials that were recovered,” Weeks explained. “It will be almost the same building — except for the preservationists, no one will know the difference.”

During his comments, Slavin pointed out that not only did Weeks have intimate knowledge of the timeline, but he also earned a master’s degree from the University of Florida, has been a licensed contractor in Florida since 1977, until this incident, was chairman if the Historic Architectural Review Board and is what he called “a favored son”. Slavin called for the Board to find that Weeks should be held to strict liability and fined the maximum possible.

The Board heard testimony from Building Official William Franke, City Archeologist Carl Halbirt, City Building Inspector Randy Hurry, and they were each provided a copy of the result of Assistant City Manager Tim Burchfield’s review of the incident, previously published on Historic City News.

At the conclusion, Chairman William Rosenthal asked for legal clarification on how to vote on each of the three alleged code violations. By agreement of the Board, each charge was voted separately even though the evidence and testimony were heard collectively. Rosenthal asked for a motion. None was forthcoming. So, he made his own motion that, as to the first charge dealing with demolition of the coquina wall without having first obtained approval and a permit, Weeks be found guilty and fined $5,000. No one on the Board would second the motion, which Rosenthal withdrew.

• A new motion was made that sustained the charges but did not include the fine amount. Andrew Morgan and Chad Smith voted against; the remaining five members approved the finding. On a subsequent motion to assess a $500 fine for that violation, Cece Reigle, Chad Smith, and Chairman Rosenthal voted against, the remaining four members approved the fine.

• On the second charge that Weeks created a condition that resulted in the collapse of the historic structure, Clyde Taylor and Judi Schuyler voted against, the remaining five members approved the finding. On a subsequent motion to assess a $3,000 fine for that violation, Clyde Taylor, Judi Schuyler, and Andrew Morgan voted against, the remaining four members approved the fine.

• On the third charge that Weeks did not obtain the appropriate architectural permit, a motion was made and seconded that Weeks be found guilty and that the fine be set at two-times the permit fee for a total of $100. Judi Schuyler and Chad Smith voted against, the remaining five members approved the finding and fine.