01-11-00 v •
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD AGENDA
' �`
7:30 P.M., January 4,2000 -- 04\0• N
Call to order
Pledge of Allegiance to the Flag
Roll Call
1. Approval of the Minutes of the Regular Meeting held November 9, 1999.
2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda
3. UNFINISHED BUSINESS:
A. Case No. 99-8445 (previously 99-7861) - Kevin & Kimberly Rissmiller,
386 Sargo Road. The owners of the property are in violation of the following sections of
• Chapter 12 of the Atlantic Beach City Code: Sec. 12-1-3, 12-1-4, 12-1-7, and 12-1-8, for
conditions (previously described) that exist on the premises located at 386 Sargo Road.
Code Enforcement Official Grunewald continues to monitor this situation, and will
report to the Board the status of the property.
B. Case No. 99-8455 - Benjamin Brown, 457 Sailfish Drive. The owner of the
property is in violation of Chapter 12, Section 12-1-7, and Chapter 6, Section 6-108, of the Code
of the City of Atlantic Beach in that there exists on the premises located at 457 Sailfish Drive the
following condition(s): Outside storage Miscellaneous Material, and Address numbers not
displayed.
On November 9, 1999, this Board voted to allow Mr. Brown 30 days for compliance,
and Code Enforcement Official Grunewald posted the property. This case is being brought
back before the Board for noncompliance.
C. Case No. 99-8473 - Edward & Cindy Winters, 4824 Spring Glen Road,
Jacksonville, Florida. The owners of the property are in violation of Chapter 12,
Section 12-1-7, of the Code of the City of Atlantic Beach in that there exists on the premises
•
1
located at#986, vacant lot on Stocks Street, a/k/a Lot 2, Block 160, Section H the following
condition(s): Outside storage of Building Material.
This Board on November 9, 1999, authorized the City Clerk to file a lien against this
property in the amount of$410.00, and this has been accomplished.
D. Case No. 99-8570 -Amanda Cochran, 870 Orchid Street.
This individual received a citation from the Atlantic Beach Animal Control Officer,
and is in violation of Chapter 4, Section 4 - 39(b): Failure to pay Animal Control
Citation. (Currently resides at 1395 Rose St.)
•
Code Enforcement Official Grunewald has posted notice at City Hall, and
attempted to locate this individual by certified mail, to no avail.
E. Case No. 99-8563 & 99-8564 -Nelson Minon, 1109 Hibiscus Street.
This individual received two citations from the Atlantic Beach Animal Control
Officer for being in violation of Chapter 4, Section 4 -39(b): Failure to pay Animal Control
• Citations. He requested a hearing in County Court where the citations were dismissed.
Pursuant to Code Enforcement Official Grunewald's recommendation, the Board, at the
November 9, 1999, meeting,waived all fines and administrative costs, and dismissed both
cases.
F. Case No. 99-8562 & 99-8568 - Keith Mordt, 103 Levy Road.
This individual received two citations from the Atlantic Beach Animal Control
Officer, and is in violation of Chapter 4, Section 4 - 39(b): Failure to pay Animal
Control Citation.
On November 12, 1999, a certified letter was mailed to Keith Mordt at 103 Levy
Road advising him of this Board's actions wherein he is ordered to pay $146.50
administrative costs, and the fine of$200.00 (both citations). Proof of delivery has not been
returned. On December 17, 1999, Code Enforcement Official Grunewald sent a second
certified letter to Mr. Mordt at 1930 Buff Lane,Jacksonville, Florida 32216, and is
awaiting proof of service.
•
2
•
G. Case No. 99-8555 -Ralph Spight, 665 Sailfish Drive.
This individual received a citation from the Atlantic Beach Animal Control Officer,
and is in violation of Chapter 4, Section 4 - 39(b): Failure to pay Animal Control
Citation.
Mr. Spight has failed to pay the administrative costs assessed or the fine totaling
$123.25. Proof of receipt of the certified letter to Mr. Spight dated November 12, 1999,has
not been received by Code Enforcement Official Grunewald. A second letter dated
December 17, 1999, is being hand delivered to Mr. Spight by the police department.
H. Case No. 99-8557 - Cherylanne Luciano,337 Oceanwalk Drive N.
This individual received a citation from the Atlantic Beach Animal Control Officer,
for being in violation of Chapter 4, Section 4 - 39(b): Failure to pay Animal Control
Citation.
Administrative costs were waived by the Board, Cherylanne Luciano Crist has
paid the fine, and is now in compliance.
• •
4. NEW BUSINESS:
A. Case No. 99-8774 - Mervyn & Theresa Russell, 1405 Main Street
The owners of the property are in violation of the following sections of Chapter 23, Section 23 -
17(b)(I), Removal of trees without a permit; and Chapter 23, Section 23 - 17 (g)(3) a& b, Failure
to pay mitigation.
B. Case NO. 99-8662 - Josh Rosenberg, 1870 Live Oak Lane
This individual received a citation from the Atlantic Beach Animal Control Officer, and is in
violation of Chapter 4, Section 4 - 39(b): Failure to pay Animal Control Citation.
5. REQUEST FOR LIEN ACTION:
Name Address Amount of Lien
NONE
•
3
•
6. BOARD MEMBER COMMENTS:
7. : : ADJOURNMENT
•
•
4
•
• CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
JANUARY 11, 2000
Call to order: PRESENT: Ken Rogosheske, Chairman
Curtis Sanders
James Pelkey
Richard Mann
Robert Etheridge
AND: Suzanne Green, Prosecuting Attorney
Alan Jensen, City Attorney
Karl Grunewald, Code Enforcement Officer
Linda P. Kilis, Secretary
ABSENT: Tami Deitchman
E.T. Fernandez, III
The meeting was called to order at 7:30 p.m. by Chairman Ken Rogosheske, followed by the
Pledge of Allegiance to the Flag.
1. Approval of Minutes of the Regular Meeting of November 9, 1999.
III2. Upon Chairman Rogosheske's request, the Secretaryread the roll� finding that E.T.
Fernandez, III and Tami Deitchman were absent. E.T Fernandez, III was excused
by the Chairman.
3. Recognition of Visitors and Guests regarding any matters that are not listed on the
agenda.
There were no visitors.
4. UNFINISHED BUSINESS:
Code Enforcement Official Grunewald presented brief follow-up reports on the following cases:
A. Case No. 99-8445 (previously 99-7861) - Kevin & Kimberly Rissmiller,386 Sargo
Road. Appears to be in compliance; file closed.
* B. Case No. 99-8455 Benjamin Brown, 457 Sailfish Drive. This case is being brought
back under New Business.
C. Case No. 99-8473 - Edward & Cindy Winters, 4824 Spring Glen Road,
• Jacksonville, Florida; Property location: Vacant lot on Stocks St. No response from the
owners; a lien has been placed on the property; file closed.
IIID. Case No. 99-8570 - Amanda Cochran, 870 Orchid Street. Unable to locate (file
closed).
E. Case No. 99-8563 and 99-8564 - Nelson Minon, 1109 Hibiscus Street. Both cases
were dismissed at last meeting; file closed.
F. Case No. 99-8562 and 99-8568 - Keith Mordt, 103 Levy Road. Unable to locate;
no.proof of service of certified mail; file closed.
G. Case No. 99-8555 - Ralph Spight, 665 Sailfish Drive. The Code Enforcement
Officer has not received proof of service from police department. Code Enforcement
Officer Grunewald advised that he plans to attempt to hand deliver notice himself to Mr.
Spight.
H. Case No. 99-8557 - Cherylanne Luciano, 337 Oceanwalk Drive N. The fine has
been paid and she is in compliance; file closed.
5. NEW BUSINESS:
Chairman Rogosheske then read the case numbers and names of persons being brought before the
• Code Enforcement Board. The Chairman then read the conduct of the meeting, asked all
witnesses to stand, raise their right hands, and they were sworn in.
The prosecuting attorney, Suzanne Green, advised the Board that she was contacted by Attorney
Bob Skeels who is representing Mr. Russell, and he has filed a Notice of Appearance in that case.
Also, she advised that members of the Tree Board were present.
A. Case No. 99-8774 - Mervyn & Theresa Russell, 1405 Main Street. The owners of
the property are in violation of the following sections of Chapter 23, Section 23 - 17(b)(I),
Removal of trees without a permit; and Chapter 23, Section 23 - 17(g)(3) a& B, Failure to pay
mitigation.
Mervyn and Theresa Russell were found to be in violation of
Chapter 23, Section 23-17 (b) (I) and Chapter 23, Section 23-
17 (g) (3) a & b of the Code, Removal of trees without a permit,
and Failure to pay mitigation. They are directed to pay the
mitigation fee of $7466 .25 {pending further decision of the Tree
Board}, plus the administrative charges of $94 . 84, within forty-
five (45) days. Further, they are directed to remove all the
downed and dead trees and other vegetation, and remove the
collapsed garage structure on the property within fifteen (15)
• 2
• days.
B. Case No. 99-8662 -Josh Rosenberg, 1870 Live Oak Lane. This individual received
a citation from the Atlantic Beach Animal Control Officer, and is in violation of Chapter 4,
Section 4 - 39(b): Failure to pay Animal Control Citation.
Josh Rosenberg was found to be in violation of Chapter 4, Section
4-30 (b) of the Code, for failure to pay Animal Control fine.
Code Enforcement Officer Karl Grunewald advised the Code
Enforcement Board that Mr. Rosenberg has paid the fine of $50 .00,
and is now in compliance with the City Code. The Code
Enforcement Board waived the administrative charges.
* C. Case No. 99-8455 -Benjamin Brown,457 Sailfish Drive. The owner of the
property is in violation of Chapter 12, Section 12-1-7, and Chapter 6, Section 6-108, of the Code
of the City of Atlantic Beach in that there exists on the premises located at 457 Sailfish Drive the
following condition(s): Outside storage Miscellaneous Material, and Address numbers not
displayed.
On November 9, 1999, this Board voted to allow Mr. Brown 30 days for compliance, and Code
Enforcement Official Grunewald posted the property. This case is being brought back before the
• Board for noncompliance.
On September 7, 1999, Benjamin Brown was found to be in violation
of Chapter 12, Section 12-1-7, and Chapter 6, Section 6-108 of
the Code of the City of Atlantic Beach, and he was directed to
remove the outside storage of miscellaneous material, install
house numbers visible from the street a minimum of three inches
in height, and pay the administrative fee assessed to him of
$110 . 99 . His failure to do so will result in a fine of $250 .00
per day, and any future violations of this ordinance will result
in an automatic fine of $500 . 00 per day from the day first
noticed by the Code Enforcement Officer until such time as the
violation is brought into compliance.
On November 9, 1999, Benjamin Brown was brought back before the
Code Enforcement Board since Mr. Brown was not given a decisive
time in which to comply, the certified mail receipt was not
returned, and the Code Enforcement Official requested posting of
the property. The Code Enforcement Board on November 9, 1999,
directed Mr. Brown to comply within 30 days from that date, and
authorized the Code Enforcement Official to post the property.
IIII 3
•
• On January 11, 2000, Benjamin Brown was brought back before the
Code Enforcement Board since he has failed to comply with the
Findings of Fact of the Board dated November 9, 1999 . The
Findings were posted on his home at 457 Sailfish Drive (affidavit
provided) . The Code Enforcement Board, after receiving a report
and recommendation from Code Enforcement Official Grunewald, and
hearing testimony from Benjamin Brown, found Benjamin Brown to be
in violation of the Code of the City of Atlantic Beach, reduced
his standing fine of $4, 500 . 00, levied a new fine of $325. 00, and
assessed $174 . 58 for administrative expenses, totaling $499 .58 .
The total amount is due and payable to the City of Atlantic Beach
within forty-five (45) days from the date of a letter of
notification to Benjamin Brown. If not paid within forty-five
(45) days, the $325 . 00 amount will become a lien against the
property with interest of 10% per annum from the date of
certification until paid. Any future violations of Section 12-1-
7 or 12-1-3 will result in an automatic fine of $250 . 00 per day
under the repeat violator section of Florida State Statute 162 .
6. REQUESTS FOR LIEN ACTION:
Name Address Amount of Lien
III
NONE
6. BOARD MEMBER/CODE ENFORCEMENT OFFICIAL COMMENTS:
• . Suzanne Green advised that E.T. Fernandez had asked her to advise the Board that he was
unable to attend this meeting since his sister is sick and he had to attend to affairs for her.
His attendance was excused by the Chairman.
•
8. ADJOURNMENT
There being no further discussion or business to come before the Board, the meeting adjourned at
9:00 P.M.
4 ,D
Ken Rogoshe, Chairman
Attest: Code Enforcement Board
,RN; ,&I, L.4,)
Linda P. Kilis
Secretary
IIIII 4