03-05-02 vCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
MARCH 5, 2002
Call to order: PRESENT: Curtis M. Sanders, Jr., Chairman
Richard Mann
Peter Wynkoop
Raymond Breault
Carl Russell
James Pelkey
Mamie Hurd
AND: Suzanne Green, Prosecuting Attorney
Alan C. Jensen, City Attorney
Alex Sherrer, Code Enforcement Officer
Julie M. Brandt, Secretary
The meeting was called to order at 7:30 p.m. by Chairman Curtis Sanders, followed by the
Pledge of Allegiance to the Flag by all present.
Chairman Sanders requested that the roll be read. Secretary Brandt read the roll and it was
determined that all Board Members were present.
1. Approval of Minutes of the November 13, 2001 Meeting
Following a brief review of the minutes, a motion was made by Board Member Breault,
seconded by Board Member Pelkey unanimously carried to approve the minutes of the
Regular Code Enforcement Board Meeting of November 13, 2001 with the following
scrivener's corrections: Add the name of Gina Lundgren as being present at the meeting
and correct the spelling of Board Member Breault's last name.
2. Recognition of Visitors and Guests regarding any matters that are not listed on the
agenda.
There were no visitors or guests present to discuss any item not listed on the agenda.
3. Old Business
Case No. 075-O1, Benjamin Brown Jr., 457 Sailfish Drive (Lot 1, Block 27 Royal Palms Unit
2A - RE#171374-0000.
Chairman Sanders recognized Mr. Brown as being present. Code Enforcement Officer Sherrer
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March 5, 2002
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distributed copies of a chronology of events pertaining to Mr. Brown's case. He reported that
Mr. Brown had paid $100.00 of the fine today, bringing the total of the amount due to $640.50.
A copy of the report is attached and made part of this official record as Attachment A.
Chairman Sanders reviewed the listed items and noted Item E, Code Enforcement Officer
Sherrer's recommendation to consider Mr. Brown's appeal for relief, before placing a lien on
his property.
Mr. Brown stated that he understood that he owed the remaining $640.50 CEB fine, but that he
could not pay the entire amount due to a financial hardship, which was explained in detail. He
indicated that he did not want a lien placed on the property and that he would pay as soon as he
could.
Discussion ensued and Board Member Wynkoop inquired if the property remained in
compliance. Code Enforcement Officer Sherrer indicated that as of this date, it was in
compliance.
A motion was made by Board Member Russell and withdrawn to give Mr. Brown 120 days
to pay the entire amount due the city.
Discussion ensued concerning whether the word "relief' used in Code Enforcement Sherrer's
recommendation meant granting an extension to pay the fine or forgiving the remainder of the
amount due. Board Member Breault suggested forgiving the remainder of the fine.
Discussion ensued and City Attorney Jensen advised that if a lien was placed on the property, the
case would not have to repeatedly come back before the Board. He indicated that the Board
could forgive the interest due when the lien was paid.
Board Member Mann inquired as to why Mr. Brown did not want a lien placed on his property.
Mr. Brown explained his financial situation and indicated that he would not be able to get a loan
if there was a lien on his property.
A motion was made by Board Member Russell, seconded by Board Member Mann and
unanimously carried that beginning April 1, 2002, Mr. Brown was directed to pay $50.00
per month, between the first and fifth of the month, for the next twelve months. On the
thirteenth month, Mr. Brown was directed to pay the remaining balance of the lien. All
interest on the lien was waived.
City Attorney Jensen inquired if anything would be done if Mr. Brown missed a payment.
Discussion ensued and a motion was made by Board Member Russell, seconded by Board
Member Mann and unanimously carried that if two payments were missed within the
twelve months period of time, the entire balance would become due and become a lien
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March 5, 2002
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against the property.
Case No. 342-O1 James Baker, 598 Seaspray (Seaspray Lot 33, Block 4)
Code Enforcement Officer Sherrer indicated that Mr. Baker paid the entire fine and
administrative expenses on January 30, 2002 and his property remained in compliance.
4. New Business
Code Enforcement Annual Report and January Monthly Report
Code Enforcement Officer Sherrer commented on the Code Enforcement Annual and Monthly
Reports distributed to the Board Members. It was pointed out that during the month of
Janauary 2002, thirty-two abandoned vehicles were cited. Discussion of abandoned vehicles
ensued.
Special Called Meeting of the Code Enforcement Board
Code Enforcement Officer Sherrer indicated that a special session of the Board would not be
called unless there were urgent health or safety issues. He indicated that atwenty-four hour
public notice of the meeting was required. Prosecuting Attorney Green and City Attorney
Jensen indicated that they would need at least a ten day notice for a Special Called Meeting.
5. REQUEST FOR LIEN ACTION:
Name Address Amount of Lien
There were no requests for lien action.
6. BOARD MEMBER COMMENTS:
Chairman Sanders reported that the annual Code Enforcement Board Conference would be held
in Jacksonville in June. He indicated that he would provide additional information to the Board
Members as soon as the conference plans were finalized. He hoped that several members would
be able to attend.
7. ADJOURNMENT
There being no further discussion or business to come before the Board, the meeting adjourned at
8:10 PM.
Code Enforcement Board
March 5, 2002
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Atte
Julie M. Brandt, Secretary
Curtis Sanders, Jr., Chairman
Code Enforcement Board
ATTACHMENT A
MARCH 5, 2002 CODE E~.ORCEMENT BOARD MTG.
CODE ENFORCEMENT CASE # 075-O1
Benjamin Brown
457 Sailfish Dr
Atlantic Beach, FL 32233
A. May 1, 2001: Mr. Brown was found to be in violation of the following City Ordinances:
1. Chapter 24, Sec 24-104 Operation of a junkyard in a Residential District
2. Chapter 12, Sec 12-1 (b) (7) Illegal Outside Storage of Miscellaneous Materials
Fine totaling $7,500.00 was deferred pending any additional future action. Mr. Brown was assessed $815.50
for administrative expenses; assessment was to be paid in 90 days.
B. August 31, 2001: Mr. Brown made a good faith payment of $75.00 towards $815.50 assessment, remaining
balance due $740.50
C. September 4, 2001: Acting in Mr. Brown's behalf, Code Enforcement Officer Sherrer requested a 3 month
extension for monies due. Mr. Brown was unable to attend the Code Enforcement Board Meeting for medical
reasons, and was requesting the extension because of financial problems. Code Enforcement Board granted the
extension.
D. September 11, 2001: Letter of decision was drafted, explaining a 3 month extension had been granted, the
extension would expire on December 11, 2001, and that a lien would be placed upon Mr. Browns property if he
failed to make payment. A Copy was posted at Mr. Brown's residence at 457 Sailfish Dr that day and the
~iginal was mailed certified return receipt to Mr. Brown.
D. Letter received by Mr. Brown on September 28, 2001.
E. March 5, 2002: Mr. Brown has made one additional payment of $100.00 on this date. It is the Code
Enforcement Officer's recommendation, that committee consider Mr. Brown's appeal for relief before placing a
lien against Mr. Brown's property at 457 Sailfish Dr, Real Estate# 171374-0000. That the amount due include
both the remaining balance of $640.50, plus any interest accrued since the expiration of the 3-month extension.
The final payment due date was December 11, 2001.
Alexander J. Sherrer March 5, 2002
Code Enforcement Officer