01-03-95T
(",t CITY OF ATLANPIC BEACH
CODE FNE1~FtCFTg2Tf HOARD AGENDA
7:30 P. M., JANUARY 3, 1995
Call to order
Pledge to the Flag
Roll Call
1. Approval of the minutes of the meeting of November 3, 1994
2. Recognition of Visitors and Guests regarding any matters that are
not listed on agenda.
3. Old Business:
The follv+ring information contains a report of crnq~liance relative to
old business of the Board. If a Board member has questions or would
like further information regarding any of the reports the Code
Enforcement Officer will be happy to respond to questions at the
meeting.
Case No. 0077 - Fred Carlson - a+mer of property located at 1890 Mealy
St., in violation of Section: 24-112 - outside storage -boats,
trailers, 55 gallon drums and other miscellaneous items are being stored
~' in public view; Section 12-1-7 - Open Storage - building material,
building rubbish or similar items.
Note: Property has bcxn brax~t into ornglian~ to the satisfaction of
the Code Enfaroarent Officer.
Case No. 0078 - Greg Fields - renter of property located at 1093
Hibiscus St., in violation of Section: 24-163 - parking of a
recreational vehicle (boat) in front of the front yarYi set back line.
Note: Property has been brought into oonQlianoe to the satisfaction
ofthe Code Enforoement Officer.
Case No. 0079 -Denny J. Ossi -owner of property located at 205 Edgar
St., in violation of Section 12-1-7 - storage of abandoned vehicles and
boats - trash continuously deposited outside of dumpster.
Note: Property has boon broix3ht into oomplianoe to the satisfaction
ofthe Oode Enforoooent Offioor.
Case No. 0080 -Vision Energy - owner of property located at 779 Triton
Rd., in violation of Section 19-1 - Obstructing the Right of Way;
section 12-1-6 Attraction Detrimental to Safety -electrical pole and
r`
miscellaneous electrical equi~ent attached.
Note: Pr'Opert}r has been brought Into pmQliarvr+ to the Satlsfac-tim
of the Code EhforoQ~nt Officer.
4. New Business
Case No. 0024 - Ttrnas Jack_9an - (Thud Violation) saner of Property
located at 463 Irex Road, in violation of Section 24-163(4) -junked
vehicles on or near dwelling units; Section 12-1-7 - open storage of
abandoned motor vehicles; Section 24-104 - residential zoning, junk
yard, and open storage not permitted.
5. Roquest fos lien acticn:
None.
6. Boani Members Camients
7. Adjournment
~ ti`
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f CITY OF ATLANTIC BEACH
CDDE Et~ORCE~'gS1T BOARD MINViIrS
JANUAAY.3, 1995
CALL TO ORDER: Present: Edward Martin, Chairman
Barbara Bonner
Heywood Dowling, Jr.
Theo K. Mitchelson
Kathleen Russell
John Venn
Lou Etta Waters
Absent: Suzanne Green, Prosecuting Attorney
And: Alan Jensen Legal Counsel to Board
Don Ford, Building Official
Karl Gunewald, Code Enf. Officer
TAY ~Pan~. Secretary
1. Approval of Minutes of Novcmbcs 3. 1994
A motion was made, secrorrled, and passed to approve the minutes of the
meeting of November 3, 1994.
~'
2. Rooognition of Visitors aryl Guests *~~; •+~•
riot ]iored on agenda. -' ~ ~Y matters that are
There were no visitors.
Ed Martin arvwunced the meeting of July fell on the 4th which was a
holiday and he asked the board if they would like to change the meeting
date. it was decided to change the July meetinq from Tuesday July 4th
to Tuesday, July 11th, 1995.
3. Old HI~aimC:
QraYrlik"lIl, 1ndlCated the following pTT ~~T~'inc, ~y~ ~~
hearzrgs at the meeting of November 3. 1994, had boon brought into
~lianoc to the satisfaction of the Code Enforcement Inspector. Fie
imritod Boazd mr~r+,-c to ask questions of the Code Enforocmnt officer
if they so desired.
Case No. 0077 -Fred Carlson -owner of property located at 1890 Mealy
St., in violation of Section: 24-112 - outside storage -boats,
trailers, 55 gallon drums and other miscellaneous items are being stored
in public view; Section 12-1-7 - Open Storage -building material,
building rubbish or similar items.
Note: Property has been brwght into oonpliarne to the satisfaction of
the Q~de Enforocmesrt Officer.
Case No. 0078 - Greg Fields - renter of property located at 1093
Minutes, Page 2
Code Enforcanent Board
l Hibiscus St., in violation of Section: 24-163 - parking of a
recreational vehicle (boat) in front of the front yard set back line.
Note: Property has born brought into pmQl i amr+ t0 tl'x' satisfaction
ofthe Code Enforooment Officer.
Case No. 0079 -Benny J. Ossi - owner of property located at 205 Fdgar
St., in violation of Section 12-1-7 - storage of abandoned vehicles and
boats - trash continuously deposited outside of dumpster.
Note: Proprsty has been brought into ooi~lianoe to the satisfaction
ofthe Code FYrforoa~srt Officer.
Case No. 0080 - Vision Ft:ergy -owner of property located at 779 Triton
Rrl., in violation of Section 19-1 - Obstructing the Right of Way;
section 12-1-6 Attraction Detrimental to Safety -electrical pole and
miscellaneous electrical equipment attached.
Note: Pnopcrty has boen brax}ht into oac~l.ianoe to the satisfaction
of the Code FYdformmnt Officer.
Dan Ford, Building Official, reported because of the holiday schedule
staff and Vision ~er'gS' had not had an opportunity to meet to conduct
visual inspections. He indicated a meeting in January was planned and
that staff would report back to the Board.
~ 4. New Business:
Case No. 0024 - Thomas Jackson - (Thud Violation) owner of Property
located at 463 irex Road, in violation of Section 24-163(4) -junked
vehicles on or near dwelling units; Section 12-1-7 - open storage of
abandoned motor vehicles; Section 24-104 -residential zoning, junk
yard, and open storage not permitted.
Mr. Martin read the Case Hearing Procedure for Case No. 0024 and all
witnesses were sworn in.
Don Ford, Building Official, explained the City interxied to prove Thomas
Jackson was in violation of Section 24-163(4) -junked vehicles on or
near dwelling units; Section 12-1-7 - open storage of abandoned motor
Vehicles; and Section 24-104 - residential zoning, junk yard, aryl open
storage not permitted. Mr. Ford explained this was Thomas Jackson's
third violation. He suamarized the past Violations and rulings of the
Board and he explained Violations occurred beginning on June 27, 1991
and continued until the present meeting.
Karl Grunewald, Code Ehforcanent Inspector, reported concering the
events that had transpired up to the present time. He referred to
minutes of past meetings dated March 2, 1993 aryl November 5, 1991
(attached hereto and made a part hereof). He passed out photographs
which had been taken in 1991, 1992, and 1994.
~~' When it was questioned why the fine for the second offense was $500 it
was explained that after the second offense the fine can be increased to
5500 per day.
Minutes, Page 3
Code f]iforcamnt Board
n When asked when the property was inspected Mr. Grunewald reported the
property had been inspected today, January 3, 1995. He reported there
was another vehicle on the property. He also indicated the property had
not been cut, but that miscellaneous tires and fire rims that had been
on the property had since been placed on the czrport.
Mr. Grunewald referred to Section 21-24(1)b. of the City's Code and
indicated Mr. Thomas was not cited for this particular code but that he
was in violation (copy of code attached herewith and made a part
hereof).
Thomas Jack.9on, 463 Irex, examined the photographs and a lenghtly
discussion ensued regarding the amount of cars that were in
violation. He provided the board with copies of insurance for the
Vehicles that were currently tagged and insured. Following discussion,
it was determined six Vehicles including the tow truck Mr. Jackson used
for his business were located at the property. It was determined the
tow truck was not to be included in the discussion.
Aside fran the Vehicles, Mr. Jackson was asked why tires and debris were
allowed to acctmulate on the property. Mr. Jackson felt he was being
judged for pictures that were taken in November rather than pictures
that were taken January 3, 1995. Mr. Jackson explained the house caught
fire in September or October and that he had not spent much time living
in the house. He explained he did not go to his house fora time but
~ that naa he did qo to his house. Mr. Jackson explained he was not
living in the house in November.
It was deterrni.ned the 1990 Cavalier, 1973 Volkswagon Bug, and the 1971
Red Roadster had current tags and licenses. It was determined that the
1971 Bradley GT and the 1976 Trans AM did not have current tags. The
Trans AM was under the carport aryl thus was not in violation. Mr.
Thomas advised he was applying for a title for the Bradley GT. It was
determined the Bradley GT was the only car that was in rwn-ca~liance.
Mr. Jackson advised that by tanormw he would have afire for the
Gradley GT and he would be able to put it in the shed. When asked if
the blue Volkswagon was the same car as was photographed in 1991 Mr.
Jackson explained it was not the same car. The car from 1991 had been
destroyed.
Mr. Jackson felt that he was being picked on by the city and that there
were others in the neighborhood that were in non-cacq~liance. It was
explained if Mr. Jackson wished to make a canplaint against someone he
should cane to the city hall and fill out a oom~laint form.
It was explained the city had had a problem delivering notices to Mr.
Jackson because there was a vicious dog and it was not possible to get
into the yard to deliver a notice.
Mr. Jackson explained he was a mechanic and that he worked at a towing
business on Levy Road.
Minutes, Page 4
Code IIlforcamnt Board
n Follaaing discussion, it was explained to Mr. Jackson that there were
three problems: storage, debris, and high grass. It was explained to
Mr. Jackson that the Board wished to treat him fairly but that they did
not wish the situation to occur again. The Board explained to Mr.
Jackson that he should work with the Code Enforcamrit Officers to make
sure catpliance was achieved. Mr. Jackson explained he had made an
effort to speak to the Code Enforcement Officer, but that he was told
the matter was out of the hands of the Code Enforcement Officer and had
been turned over to the Board.
A motion was made, seoocdcxi, girl passed to furl Than3s Jackson in
violation of Sectien 24-163 (4) - jurilced vr'11ic1es on ar near c~.ellirxi
twits; Suction 12-1-7 - oiler: storage of°batiu`~u motor vehicles;
Soctiori 24-104 - msidr ;al zosting. junk yard, and open storage not
pcrnutted.
A discussion ensued on whether or not to impose a fine on Mr. Jackson
arxi it was felt if Mr. Jackson was found in violation again a fine
should be installed that would autanatically begin the day he was found
to be in violation. This fine would be for the same violation, only.
When asked how long it would take to reach ccn~liance Mr. Jackson felt
five days would be enough time to clear the property oral Mr. Grunewald
concurred. Mr. Jackson added that he would get a fire for the Bradley
and put it back in the shed.
A motion was made, seardcici, aryl passed to give Mr. Jack.~i tmtil 9:00
a. m. Monday, January 9, 1995 to bring the property into oaeQlianoe to
the satisfaction of the Code FSifonoment inspector. If the property was
riot brought into ornQliance a ;500 a day fine will be imposo3 until
carp] fiance is adiievod. It is tip to Mr. Jackson to acct with the Code
IIiforcrment Inspector to ~~T,nin.. what needs to be dome to achieve
oanpliarioc. Future violations will result in a fine of ;500 per day
from tYic date of notice of the violation until the p**n•*+; is brought
into oaiplianoe.
Mr. Martin explained to Mr. Jackson that the Board had deliberately not
fined him. It was the desire of the Board to work with Mr. Jackson and
give him time to get into crnq~liance, he added, and if he did not get
into cac~liance there would be a very heavy fine. He explained if non
canpliance was realized in the future the fine would kick in the day Mr.
Jackson was notified. He explained Mr. Jackson should meet with the
Code Enforcement officers, and he further explained the Code Enforcement
officers would indicate what was necessary to achieve caipliance. Mr.
Martin explained people should have access to get to Mr. Jackson's hcme,
and that the home should be made available so that it could be
inspected.
A meeting was arranged for the Code Enforcement Inspector to meet Mr.
Jackson Wednesday, January 4, 1995 at 12:00 p. m. for the purpose of
explaining exactly what had to be done to reach cn~liance. Final
Inspection will occur 9:00 a. m. Monday, January 9, 1995 at which time
Mr. Jackson will meet the Code Enforcemnt Inspector at the 463 irex
property.
Code Enforcement ttoarn
,Page 5
~ 5. Request four lien action:
None.
6. Board Members Comments
At this time Coamissioner Suzanne Shaughnessy asked permission to
speak to the Board regarding Proposed ordinances which had been
voted down at recent cannission meetings. She explained Ed Martin,
Chairnan of the Code Enforcanent Board, had attended a Code
Enforcement seninar aryl discussions were held at the seminar
concerning the two ordinances being the vehicle by which some cities
were able to get a better level of compliance; and that was the
spirit in which the ordinances were introduced.
She explained she was asked by Mayor Fletcher to chair a coimiittee
of not more than eight members to study the possibility of the city
having a method to require people to physically keep up their
~, pzoperty in Atlantic Beach. She explained it was suggested issues
contained in the two ordinances under discussion would be addressed
by the camdttee, and that both tenant occupied aryl owner occupied
properties would be addressed.
She indicated she would like input fran the board, and she invited
members of the Board to atterxl the crnndttee meetings•and~to
indicate if there was any additional legislation they felt would
help, and also to indentify what the board felt were problem areas.
Alan Jensen explained msnbers of the Board would be able to meet
with the catmitte and participate in discussions.
Carmissioner Shaughnessy indicated it was her intent to make the job
easier for the Code Enforcenerrt Board.
There being no further business Qiairmazr Martin adjourned the
meeting at 9:30 p. m.
G. E. Martin
Chairman Code Enforcement Board
9~
Page Three
Minutes - Code Enforcement Board
March 2, 1993
ke Ashourian indicated he had owned the property for out one
ye r and said that the mini-warehouse had been in exist nce about
twe ty years and he thought cars had been parked in a area now
bean used for storage during that time. Mr. Ashou ian felt the
zoning of the property was such that mini-wareho es would be a
permitt d use. He asked for direction regar ing having the
property rezoned or securing a variance which ould allow mini-
Following n tification of the violation Mr. Ashourian said he had
instructed h manager at that facility t write to the owners of
the buses and~sk that they be removed.
Don Ford expla ed the zoning was anged on the property in
question in 1982. The owner that t e pulled a permit a started
construction so th t he would beg ndfathered in when the zoning
changed. Construc on was never completed so the operation of
mini-warehouses was t grandfa ered in at that location.
Mr. Ashourian indic~
who has stored their
contact the vehicle
Following further disc
Ashourian an additional
stored in the resident
leases with the eight individuals
sere. He requested adequate time to
get the vehicles removed.
Edward Martin moved to allow Mr.
da s to remove the abandoned vehicles
.str~i.ct and bring the property into
compliance, and rep rt back to ~he board at its next meeting
regarding his plans for rezoning.\f` The motion was seconded by
Heywood Dowling and; following brie \ iscussion, was unanimously
approved.
Suzanne G~~yy~en reported Mr. Wiles had rectified ~the problem and was
now in cgcf~pliance with the city code. No action was necessary from
the boaff{d.
Heywood Dowling read the case hearing procedure for Case No. 0024;
Thomas L. Jackson, the only witness, had been sworn in earlier.
Page Four
Minutes - Code Enforcement Board
March 2, 1993
Suzanne Green reported Mr. Jackson was charged with storing
abandoned and junk vehicles in a residential district at 463 Irex
Road. She explained this was the second time Mr. Jackson had
appeared before the board for a similar violation and recommended
that a fine be imposed.
Karl Grunewald distributed photographs of the abandoned vehicles on
the property. He said it was difficult to tell exactly how many
vehicles were involved since some of them were covered by canvas
but appeared to be inoperable and abandoned, and,~further he and
Mr. Ford had been denied access to the property. Mr. Grunewald
also inquired regarding how many vehicles could be stored on
residential property before it would be considered a violation.
Mr. Jackson felt that his vehicles were not junk and were not
abandoned. He indicated his vehicles were covered and were parked
on concrete.
Edward Martin inquired into the status of the vehicles that were
under cover and asked Mr. Jackson whether it was his intent to
repair and sell the vehicles. Mr. Jackson indicated he enjoyed
tinkering with vehicles; these were his personal vehicles and he
did not intend to sell them.
Mr. Dowling inquired whether the vehicle in the back yard was there
the last time he appeared before the board. Mr. Jackson said that
it was not. Mr. Dowling felt it was unfair to the neighbors to
park a car in a back yard for long periods of time.
Discussion then ensued regarding the exact nature of the violation
and it was determined Mr. Jackson owned four vehicles which were
inoperable as follows: 1980 Gold Chevrolet Beretta, 1973 Blue
Volkswagen Bug, 1968 Hlue Volkswagen Bug, and 1973 Red Bradley GT.
Mr. Martin felt Mr. Jackson did not take seriously the work of the
board. He felt the situation had not changed since the last
hearing and he suggested Mr. Jackson either bring the vehicles into
compliance or remove them.
Following further discussion, Mr. Dowling moved to require Mr.
Jackson to either remove or bring the four vehicles which had been
specifically identified as abandoned, into compliance by March 15,
subject to 550.00 per day fine. The motion was seconded by
Kathleen Russell. Following brief discussion, the question was
called and the motion was approved on a 6 - 1 vote with George Bull
voting nay.
Mr. Jackson said it would be impossible for him to be in compliance
by March 15 and requested additional time to comply with city
Page Five
Minutes - Code Enforcement Board
~ March 2, 1993
codes. in response to a question from Mr. Martin, Mr. Jackson said
he needed at least thirty days to come into compliance. Edward
Martin made a substitute motion to allow Mr. Jackson 45 days to
either bring the abandoned vehicles into compliance or remove them
from the property, or be sub3ect to a 550.00 per day fine. The
motion was seconded by Mr. Venn and was approved on a 4 - 3 vote
with Suzanne Shaughnessy, Heywood Dowling, and Kathleen Russell
voting nay.
5s Board Member Comments
There being no further discussion, Mr. Bull declared the meeting
adjourned at 9:05 PM.
George Bull, Jr., Chairman
A T T E S T:
Maureen King, Substituting Secretary
Code Enforcement Board Meeting
November 5, 1991
(~ Page 4
Mr. Dowling moved to recommend to the Code Enforcement O cer, Mr. Ford,
to fi3 the condemnation proceedings on the buildin in question. The
motion w seconded by Mr. Hull and carried on a 4 1 vote with Mr. Venn
voting nay.
Mr. Hull instruc Mr. Watson to pick u he Order from City Hall the
following day, which uld fully explai what needed to be done to bring
the property into compli e.
ra of ~unk vehicles Mr.
deferred until the nex meeting.
Thomas. The board con urred.
oted action on this case be
of difficulties serving Mr.
vehi es nd viola ion Before the case was heard, Ms. ss explained
that Mr ern was in the U.S. Navy and believed at the moment w deployed.
She ted the Notice of Hearing was signed by someone who knew Vern.
At is time, she could not present to the board that Mr. Vern knew of this
meeting. This case was withdrawn from the agenda.
4 D Case No 0024 - Thoiras-L--~7eckaon--rowner of vroaerty located at 463
Irex Road, in'violation of Citv Ordinance Section 12-1(7) unlawful of
abandoned vehicles. Mr. Dowling read the case hearing procedure and all
witnesses were sworn in.
Ms. Hass presented her case by stating that the violations had reoccurred
several times. She stated that three vehicles on the property were not
licensed, had no tags and were inoperable.
Mr. Ford gave the history of the case which dated back to 6/20/91. He
stated the dunk vehicles had been stored on the right of way and in the
yard. Mr. Ford reported he had notified Mr. Jackson, in writing, on June
27, 1991 which indicated that the property was in violation and requested
that he contact him. The notice gave Mr. Jackson 30 days to be in
compliance with the City Code. Mr. Ford submitted to the board photographs
which were taken on this date. The photos showed two vehicles in the back
yard which in July were in the front yard.
Mr. Jackson presented one of two letters he had received from Mr. Ford.
He explained that the first letter he received mentioned one dunk vehicle.
The second letter he received said "unlawful storage of abandoned
vehicles". Mr. Jackson explained that one vehicle tagged by Mr. Ford had
been moved and he did not know what other vehicles Mr. Ford thought were in
violation. He stated that he was a mechanic on the side. Of the three
vehicles Mr. Ford indicated, Mr. Jackson stated one did have a tag, a 1976
~'`, Regal. He explained the Volkswagen Bug did not have a transmission and his
Code Enforcement Board Meeting
November 5, 1991
~ Page 5
intentions were to repair it and the Nova did not belong to him and was no
longer there.
Ms. Bass questioned Mr. Jackson about being a mechanic at his property on
Irex Road and asked if he had an occupational license with the City. Mr.
Jackson stated he buys vehicles and repairs and sells them. Ms. Hass asked
for clarification of his reply.
Mr. Jackson was advised that he was required to be permitted with the City
to operate a business out of his home. Mr. Jackson felt that buying one
vehicle and selling it was not a business. Ms. Bass asked if Mr. Jackson
had ever tried to contact Mr. Ford regarding the letter of violation which
dated June 27, 1991. He responded that he had attempted once but was
unable to reach Mr.Ford. Mr. Ford said his office did not have a record of
this call.
Mr. Jackson stated after receiving the first letter he had cleaned up the
property and did not hear further from the Mr. Ford. Then he received the
Notice of Hearing in October saying he was in violation and was being
brought before the board. He felt that he had never been advised on which
vehicles were in violation.
Ms. Bass clarified the status of each vehicle. The volkswagen had not been
tagged since 1985 and 1976 Regal did not have a current license plate.
Mr. Hull asked for comments from the board.
Mr. Martin questioned Mr. Jackson about the two vehicles which were being
called dunk. Mr. Jackson responded that the two vehicles in the yard were
not legally tagged, and one of the vehicles, the volkswagen, was not
visible. Mr. Martin said at 5:00 PM this evening, he could see the two
vehicles from the street without difficulty.
Mr. Jackson stated once the transmission was installed in the volkswagen
then he would hand it over to his nephew in Kentucky, during Spring break.
He stated he would sell the Regal for parts.
Mr. Martin asked Mr. Jackson if in the past, he had ever bought any
vehicles, did repairs and then sold the vehicle. Mr. Jackson said no.
Mr. Dowling asked if all vehicles were operable and Mr. Jackson responded
they were.
There was brief discussion on how many vehicles were on the property,
whether they were operable and who owned them. Two of the six were not
currently licensed, but Mr. Jackson stated they were operable.
Mr. Bull suggested that Mr. Jackson take the time and meet with Mr. Ford to
determine which vehicles were in violation and what action could be taken
~ to correct the problem.
Code Enforcement Board Meeting
November 5, 1991
n Page 6
Mr. Dowling asked if the ordinance allowed the City to remove unlicensed
vehicles whether or not they were operable. Mr. Ford responded that they
are be tagged with a 10 day notice and are towed unless they are
undercover. If the vehicle is stored underneath a carport it was
considered to be uncovered.
Mr. Hull advised Mr. Jackson to store the vehicles under the carport to
prevent them from being towed.
Mr. Sull moved that the City had not presented to the Board that f unk
and/or abandoned vehicles were on this premises. Motion died for lack of a
second.
Mr. Dowling moved that the two unlicensed vehicles be removed within 10
day. Motion died for lack of a second.
Mr. Martin moved that Mr. Jackson remove or change status of the two
vehicles in question within 30 days, and second, Mr. Jackson is to work
witti~l~tr. Ford and take whatever affirmative action necessary to bring this
property into compliance with the City Code. The motion was seconded by
Mr. Moller and carried on a 4 to 1 vote with Mr. Bull voting nay.
Mr. Bull instructed Ms. Strain, Secretary, to type an order and mail it
certified mail to Mr. Jackson as soon as possible, so that he knew exactly
what the board expected to be done.
Ms. Bass re rted that the reason this ppeared on the agenda was because
of the contro sy at the last meeting n the definition of a dunk vehicle.
She canvased s ounding cities t obtain their definition of dunk
vehicles. Ms. Str n had mailed a py of those findings earlier to each
Hoard member. Ms. Ba thought th Board could to use these definitions
in a common sense mane along th the facts the Board hears from the
alleged violators and Mr. rd, make the determination. Mr. Hull stated
he would rather see it in th dinance. Ms. Bass suggested the Board ask
the City Commission to amend code.
Mr. Dowling agreed that a
dunk vehicles was needed.
p e because of their
individuality. He s id on a ride around .the Ci one would see that this
problem was not li ted to a couple of people.
Mr. Bull suggeste a letter be given to the City Commissi stating "90$ of
our cases deal w th dunk vehicles and we do not have a fi ~ efinition of
of the law pertaining to
Mr. Martin thought the efinition such as "a~nk vehicle is unlicensed and
inoperable" would ca sea roblem with each c
TRAFFIC AND MOTOR VEHICLES § 21.25
in violation of (set forth ordinance or regulation violated) and must be removed
within ten (10) days or, if the property is a boat, thirty (30) days from date of this
notice; otherwise it shall be presumed to be abandoned property and will be
removed and destroyed by order of the City of Atlantic Beach. If the property is
a motor vehicle or boat, the owner will be liable for the costs of removal and
destruction.
Dated this: (Set forth date of posting of notice).
Signed: (Set forth name, title, address and telephone number of enforcement
officer).
Such notice shall not be less than eight (i)) inches by ten (10) inches and shall be
sufficiently weatherproofed to withstand normal exposure to the elements for a
period of ten (10) days. In addition to posting the notice, and on or before the date
of posting, the enforcement officer shall mail a wpy of the notice to the owner of
the real property upon which the abandoned articles are located as shown by the
real estate tax record used by the City of Atlantic Beach, and if the abandoned
property is a motor vehicle or boat, shall make a reasonable effort to ascertain the
name and address of the owner and shall mail a copy of the notice to such owner.
b. If at the end often (10) days (or if the property is a boat, thirty (30) days) after
posting such notice, the owner or any person interested in the abandoned article
or articles described in such notice has not removed the article or articles and
~~ complied with the ordinance or regulation cited in the notice, the enforcement
officer may cause the article or articles of abandoned property to be removed and
destroyed. The salvage value, if any, of such article or articles shall be retained
by the City of Atlantic Beach to be applied against the Croat of removal and
destruction thereof, unless the coat of removal and destruction is paid by the
owner, in which case the salvage value mny be deposited in the local government
general fund.
(b) Nuisance declared. To accumulate or afore one (1) or more oCauch vehicles on public or
private property shall constitute a nuisance detrimental to the health, safety and welfare oC
inhabitants of the city, and it shall be the duty of the registered owner of the vehicle, and the
property upon which the vehicle Is located to remove the vehicle from the city limits, or to have
the vehicle housed in a building where it will not be visible from the street.
(Ord. No. 75.82.3, § 9, 4.12.82; Ord. No. ?5.85.4, § 1, 3.11.85; Ord. No. 75.88•?, § 1, 9.12.88)
Cross reference-Nuisances, Ch. 12.
Sec. 21.25. Removing and impounding.
Members of the department of public safety of the city are hereby authorized to remove
and shall cause to be removed any vehicle from any street or alley or right•ofway within the
city to a public garage or other place of safety under circumstances enumerated in this article:
(1) When a vehicle is left unattended:
e. On a sidewalk;
Supp. No. 3Y 1225