Item 3AAGENDA ITEM # 3A
OCTOBER 8, 2007
October 1, 2007
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hanso
~~
SUBJECT: Follow-up eport
Setbacks related to Selva Marina PUD; A question was raised in the last commission meeting
about the differing setback limits in the adopted PUD ordinance for the Selva Marina Country
Club property. Two different setback numbers are referenced. The first is a five foot rear and
side setback identified in paragraph (b) on page 7. This relates only to garages and accessory
structures. The two preceding tables in paragraph (a) establish a minimum 10-foot rear setback
for single-family and multi-family buildings.
Reaaaointment of Carl Russell to the Code Enforcement Board; The Board Member Review
Committee recommended the reappointment of Carl Russell to the City's Code Enforcement
Board. When the Mayor and Commission considered this recommendation at the last city
commission meeting, a question was raised about a rental property owned by Mr. Russell at
882 East Coast Drive. A letter had been received from a neighbor indicating that the tenants in
that house had been the subject of several complaints to the Police Department and there was a
question about whether or not they violated the City Code limiting the maximum number of
unrelated adults living in one house. Mr. Russell was out of town at the time of the last city
commission meeting and was unable to provide any response to the complaint. The complaints
about the tenants of this location were first provided to the city's Code Enforcement staff on
September 6~'. After an investigation, an official notification was given to Mr. Russell on
September 14~'. Mr. Russell has since indicated that he has given an eviction notice to his
tenants on September 15`I'. It appears in case that Mr. Russell is doing everything possible to
resolve the problems with the tenants at this particular location.
Another question was raised if "Rocky" Russell and Carl Russell were the same person. They
are not. Rocky Russell is Carl Russell's brother and owns and manages different rental
properties.
AGENDA ITEM # 3A
OCTOBER 8, 2007
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5455
TELEPHONE: (904) 247-5800
FAX: (904) 247-5805
SUNCOM: 852-5800
www.coab.us
September 26, 2007
Mr. & Mrs. Todd Jansen
255 Plaza Drive
Atlantic Beach, FL 32233
Subject: September 19, 2007 Code Enforcement Complaint
Dear Mr. & Mrs. Jansen,
This is in response to your complaint pertaining to the property at 882 East Coast Dr and the tenants
residing there. Per your request, I've reviewed the process by which the City's Code Enforcement Officer
has investigated your original complaint. I have found no evidence that your complaint was being
handled any differently than similar cases. In fact it appears it is progressing at an accelerated rate.
Your original complaint was logged in on September 6, 2007 as case number 640-07. An investigation to
confirm the basis of the complaints was initiated, and the evidence and official notification were issued to
the property owner, Mr. Carl Russell on September 14, 2007. It's my understanding Mr. Russell issued
his tenants an eviction notice on September 15`h, 2007, giving them until the end of the month to vacate
the property.
Although, this may seem to be taking a considerable amount of time, cases like this must be thoroughly
investigated before a violation notice can be issued. Even once a notice has been issued, there are state
laws that protect the rights of the tenant, which must be followed in order to evict someone.
To date, it appears that Mr. Russell is doing everything that has been asked of him within the limits of the
landlord tenant laws. Based on the state laws and city codes, so long as he is working toward that end
within the present timelines, a hearing cannot be scheduled, and a fine cannot be assessed.
I hope that this information is helpful to you in understanding the processes relative to code enforcement
problems of this nature. If you have additional questions, then you are welcome to contact Code
Enforcement Officer Alex Sherrer at 904 247-5855 or asherrer(u~coab.us, or Director of Public Safety
David Thompson at 904 247-5864 or dthomyson(a~coab.us.
Very truly yours,
~.
Hanson
City Manager
cc: Mayor and Commission
Alex Sherrer, Code Enforcement Officer