Loading...
05-01-01 vCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P.M., MAY 1, 2001 Call to Order Pledge of Allegiance to the Flag Roll Call 1. Approval of the Minutes of the Regular Meeting held on March 6, 2000. 2. Recognition of Visitors and Guest regarding any matters not listed on the agenda. 3. Introduce new board member Mr. Peter Wynkoop 4. Old Business: None 5. New Business: A. Case No. 075-O1 -Benjamin Brown, 457 Sailfish Drive. The owner of the property is in violation of Chapter 12, Section 12-1 (b) (7), and Chapter 24, Section 24- 104, 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 Operation of a junkyard in a residential district. 6. Board Member Comments: 7. Adjournment: CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES MAY 1, 2001 Call to Order: PRESENT: Curtis Sanders, Chairman Richard Mann Mamie W. Hurd James Pelky Peter Wynkoop Alex Sherrer, Code Enforcement Officer Suzanne Green, Prosecuting Attorney Alan Jensen, City Attorney Patti Kotchkowski, Secretary ABSENT: Tami Deitchman Carl Russell The meeting was called to order at 7:30 p.m. by Chairman Curtis Sanders, followed by the Pledge of Allegiance to the Flag. 1. The Secretary read the roll, finding that Board Members Tami Deitchman and Carl Russell were absent. 2. Approval of the Minutes of the Regular Meeting held on March 6, 2001. Following a brief review of the Minutes of the March 6, 2001 meeting, a motion was made by Richard Mann, seconded James Pelky and unanimously carried to approve the minutes as presented. 3. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda. There were no visitors present at the meeting. New Board Member Peter Wynkoop was introduced by Chairman Sanders. 4. Unfinished Busines`~~: There was none 1 5. New Business Chairman Sanders brought to the Boards attention that the next meeting was scheduled for July 3 and asked if they would like to move to July 10, to which the board agreed. Secretary Kotchkowski read the case procedures to be followed and all witnesses were sworn in. A. Case No. 075-01 -Benjamin Brown, 457 Sailfish Dr., a/k/a Lot 1, Block 27, Royal Palms Unit 2A. The owner of the property was in violation of Chapter 12, Section 12-1 (b)(7): Outside Sforage of Miscellaneous Materials. Mr. Brown was also charged with Chapter 24, Section 24-104: Operation of a Junkyard in a Residential District. Code Enforcement Officer Sherrer presented a brief history of Mr. Brown's property and distributed and reviewed various documents pretaining to the property. Chairman Sanders inquired if Mr. Brown was given copies of the information before the hearing. Code Enforcement Officer Sherrer and Mr. Brown responded that he had received the documents. Mr. Brown indicated that he subsidized his disability checks of $474.00 a month by selling scrap metal. Mr. Brown pointed out that his property was not a junkyard, and the material was brought in on a trailer. He indicated that the photographs that Code Enforcement Officer Sherrer displayed showed materials stored behind a privacy fence. He stated everything shown in the photographs was gone. Mr. Brown reported that what was stored on his truck was not junk, but shovels, rakes and different things that he used when going out to pick up various things to sell and make a living. Mr. Brown also indicated that other people were dumping things outside his fence, and just recently someone dumped tires on the other side of the street, which he stacked up for the city to pick up. Board member Hurd inquired if Mr. Brown's property was now in compliance and Code Enforcement Officer Sherrer replied that Mr. Brown property was in compliance, other then the tires being stacked up. Mr. Brown stated that if the city doesn't pick up the tires; he would take the tires down town for disposal. Allen and Debbie Monte of 596 Seaspray Avenue expressed the concern that Mr. Brown brought home appliances and other miscellaneous items and stored them in his yard. Mr. Monte also expressed concern that Mr. Brown was operating a scrap metal business in a residential district. Mr. Monte felt that the neighborhood's safety and health issue were involved, since children lived and played up and down the street. Mr. Monte indicated he had also noticed that there were more rodents in his yard, and he had to hire an exterminator for the first time in 12 years. A brief discussion ensued, and Code Enforcement Officer Sherrer recommended that Mr. Brown be fined the full $5,000 for otrtside storage of miscellaneous materials, $2,500 for operating a junkyard in a residential district, to be stayed pending any 2 future violations of the same type. Code Enforcement Officer Sherrer also recommended that Mr. Brown be assessed administrative costs of $815.50 for holding this hearing. Mr. Brown indicated that payment of administrative cost would cause a hardship for him, since he would have to use (2) two disability checks to pay the costs. After a brief discussion, a motion was made by Board Member Mann seconded by Board Member Hurd and unanimously carried to find Mr. Brown in violation of the City Code Chapter 12-1 (b) (7), for outside storage of miscellaneous materials and Chapter 24, Section 24-104 operation of a junkyard in a residential district. The Code Enforcement Board voted to fine Mr. Brown $5,000.00 as a repeat violator of Chapter 12-1 (b) (7) and also $2,500.00 as a repeat violator of Chapter 24, Section 24-104 under the Florida Statue 162.09 (2). The Code Enforcement Board voted not to levy the fine at this time. The Board instructed Mr. Brown that if in the future, he was again found to be in violation, of the above mentioned sections of the City Code the $7,500.00 fine would be reinstated. The Board directed that these fines be deferred pending any repeat violations and that they be levied independent to any additional board actions. The Board assessed Mr. Brown administrative expenses of $815.50 to be paid within 90 days. Chairman Sanders inquired if Mr. Brown understood what had just transpired. Mr. Brown indicated that he understood. 6. Board Member Comments: There was none. 7. Adjournment There being no further discussion or business to come before the Board, the meeting adjourned at 8:45 P.M. Curtis S ders, Chairman Code Enforcement Board Attest: Patti Kotchkowski -Secretary 3 MEMORANDUM ATTACHMENT Code Bd. Minutes 5/1/O1 To: Code Enforcement Board Members From: Patti Kotchkowski, Secretary Date: April 16, 2001 Subject: Benjamin Brown, Jr. 457 Sailfish Drive AKA Lot 1, Block 27, Royal Palms Unit 2A RE # 1713 74-0000 Case No. 99-8455 Mr. Brown is being brought before the Code Enforcement Board on Tuesday, May 1, 2001. The following summary of previous Code Enforcement Board actions involving Mr. Brown is provided for your assistance in this case. September 8, 1998 Mr. Brown, owner of said property, was found to be in violation of Section 12-1-3 of the Code. The Board voted not to fine Mr. Brown at this time because the property was brought into compliance. Code Enforcement Board assessed Mr. Brown $79.30 for Administrative expenses for Case No. 98-7364 incurred by the City of Atlantic Beach in processing Mr. Browns case. November 10, 1998 Mr. Brown paid the administrative fees of $79.30. September 7, 1999 Mr. 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. Mr. Brown 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 an administrative fee. Code Enforcement Board assessed Mr. Brown $110.99 for Administrative expenses for Case No. 99-8455 incurred by the City of Atlantic Beach in processing Mr. Browns case. November 9, 1999 A letter advising Mr. Brown of an administrative fee was sent to him on September 10, 1999, followed by a certified letter sent on September 21, 1999, neither of the letters nor the receipt was returned. This case was brought back before the Code Enforcement Board. On November 9, 1999 the board gave Mr. Brown 30 days from November 9, 1999, to pay the administrative expenses of $110.99, and authorized the Code Enforcement Official to post the property. Mr. Browns failure to comply would result in Mr. Brown incurring a fine of $250.00 per day after the 30 day period allowed. Mr. Brown paid the administrative fees of $110.99 on February 22, 2000. January 11, 2000 ATTACHMENT Code Bd. Minutes 5/1/O1 Mr. Brown was again 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 Mr. Brown 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. Additionally, as Mr. Brown was advised by the Code Enforcement Board, any future violations of Section 12-1-7 or 12-1-3 would result in an automatic fine of $250.00 per day under the repeat violator section of Florida .State Statue 162. Mr. Browns fine of $250 per day now totaled $4,500.00 and was reduced, by the Code Enforcement Board to $325.00, plus $174.58 for administrative expenses for a total of $499.58. If not paid within forty-five days, the $325.00 amount would become a lien against your property with interest of 10% per annum from the date of certification until paid. March 7, 2000 On February 22, 2000, Mr. Brown paid in full the $499.58, within the 45 days allowed. ATTACHMENT Code Bd. Minutes 5/1/Ol CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 075-01 April 5, 2001 BY CERTIFIED MAIL Mr. Benjamin Brown, Jr. P.O. Box 51513 Jacksonville Beach, FL 32240 Dear Mr. Brown: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens, residents of Atlantic Beach, who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on TUESDAY, the 1st day of May, 2001, AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violations of the following Section(s) of the Code of the City of Atlantic Beach: Chapter 12, Section 12-1 (b) (7), Nuisances; Chapter 24, Section 24-104, Zoning & Subdivision Regulations. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 457 Sailfish Drive, a/k/a Lot 1, Block 27, Royal Palms 2A, of the City of Atlantic Beach, the following condition(s): Outside storage of Miscellaneous Material, and Operation of a .junkyard in a residential district. The Code Enforcement Board has the power to levy fines up to $250.00 per day for the first offense and $500.00 for the second offense against the property, if a violation is found to exist beyond the date set by the Board for compliance. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact Patti Kotchkowski, Secretary of the Code Enforcement Board within five days of the receipt of this notice at 247-5810. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ATTEST: SECRETARY Sincerel Curtis M. anders, Jr -Chairman Code Enforcement Board ATTACHMENT Code Bd. Minutes 5/1/Ol .~ •aoin~ag;dlao ad ur n;ay 6wsn ~o } nol(~ ueyl I ~ ~ ~ ' a~ ~ •` N ~ ~ m N O u! ~ p ~ Q~ 0~ U C U Q ~ >~ 1 .~ .~ U ~ ~ ~ d \ y _ ~. _ ~ Z 425 116 1 38 t ~ " ~ ~ E o •~ _ ~ .r:~ ~ ~ ~ US Postal Service ~, N ~ ~ Q ~ a ~ t~~ ' ~ ~, • ~ Receipt for Certified`Mail 3 rn u ~ ~ \ ~~ ~ 'lQ , O1~` a~ No Insurance Coverage Provided. ~ 0 o c~ ~ ~ \ ~ ~~ o Do not use for International Mail See reverse m o d ~ N U E °' rr _ p Sent to ~ ~ r m ~ ~ y Street & Number Z • ~ ~ m ~ m ~ E° 'C ~ Q n, ~ ~ fn ~ ~ x tr W¢ p ~ ~ Q m Po ice, State, & ZIP Code ~ O ' '` ~ ( ^ ^ ^ m • o s L a S~0 ~ ~ C ~ a n d ° °' c ~ U ~ Postage =v m [ L ~ • H U > ~ ,~ f ~ Certified Fee m 3 °' ~ E m -o°,'D o ~ Spedal Delivery Fee ~,~ • w c y 3 ~ t , y • d ~ ° ~ ~ Restricted Delivery Fee m h ~ E ~ ~ ~ ~ n „ r ~ ~ ~ Retum Receipt Showing to = Whom & Date Delivered ~ ' M Q ~ ,~ o = 'm ~ c \ V ~ rn ~ a Retum Receipt Shaving to Whom, ~ 1 _ ~ ~ ° 3 ~ ~ ~ ~ Q ~ r O C Date, & Addressee's Address r • A c ~ y o '\ h ~ o ~ O ~ ~ o a ~ o ~ ; ~ ~~ Q~ Z ~ E y" ~ TOTAL Postage & Fees • `" ~ " ~ °• y o m ° ~ ~ \ `c y v `~' ~ Postmark or Date + ~~~ r a~ N C ~[ ~ ~ ~ ~ O I _ ~ ~ s ~ •~ "~j0' € ~d ~ (~~~ ~ O ~ ~ ~~ ~, rD r r ~, t~ d i EEE o ~ ~ 1 J ~ . ~ cE C j H ` ~ ~ r ~ Q ` . d N~ TL d ~'O W d N O° Q~ d Cd~'~ U •y (L d ZEEcamE.~m' d U ~ Q O l ^, V ~ U Q7 2 C CD Cn•, I O J ~~ a~ ~ ~ ~ ~ ~ ~~ : ~ ~ i i i ~ ~ ~ 2 lapis as~anaa ay; u o pa;aldwoo SS3Fi0ad N dt113t i ~nol~ si ; ATTACHMENT Code Bd. Minutes 5/1/O1 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. Petitioner, vs. SUBPOENA BENJAMIN BROWN, JR. Respondent, TO: NAME: MR. ALLEN N. MONTE STREET: 596 SEASPRAY AVE. CITY: ATLANTIC BEACH, STATE: FLORIDA 32233 GREETINGS: YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board of the City of Atlantic Beach, Florida, at City Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the 1st day of MAY, 2001 at 7:30 P. M. in reference to violation of Chapter 12, Section 12-1(b)(7)and Chapter 24, Section 24-104, of the Code of Ordinances of the City of Atlantic Beach. VIOLATION: Illegal open storage of junk and Illegal operation of a junkyard in a residential district. Address and Legal Description of Property: 4.5.7 Sailfish Drive., 31-001 38-2S-29E Royal Palms Unit 2 A Lot 1 Block 27 O/R 7095-881 Re# 171374-0000 Failure to appear subjects you to penalty of law. Dated this 16th day of April, 2001. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA B ~/~ atti Kotchkowski, Secretary ATTACHMENT Code Bd. Minutes 5/1/O1 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION ~' ~~ ~L' CC \ i 4~ served notification to: Mr. Allen N. Monte 596 SeaSpray Ave., Atlantic Beach, FL 32233 this ~ 3 day of R$~ ~~'' , 2001. AT ~~ A. ./P.M' This notification was in reference to: A NOTICE OF HEARING OF THE CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF MAY 1, 2001, AT 7:30 P.M. IN THE CITY COMMISSION CHAMBERS LOCATED AT 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Signature of Dated: Please return to the City Clerk's Office. Thanks. ~ ~" ~3"° 1 ATTACHMENT Code Bd. Minutes 5/1/O1 April 1 ~ , 2001 MEMO TO: Public Safety Director David Thompson FROM: Alex Sherrer, Code Enforcement Officer REFERENCE: SUBPOENA TO APPEAR BEFORE THE CODE ENFORCEMENT BOARD Please have the attached subpoena hand delivered by an Officer between now and April 20, 2001, to: Mr. Allen N. Monte 596 Seaspray Ave. Atlantic Beach, FL 32233 Also, please return the attached Receipt of Notification form to the City Clerk's Office. Thank you for your continued cooperation. Your help in this matter is greatly appreciated. Sincerely, ~~~~,~~ Enclosure ATTACHMENT Code Bd. Minutes 5/1/Ol CITY OF ATI~ANTI C BEACH C.B. Date: May 1, 2001 Defendant: MR. BENJAMIN BROWN JR Case #075-01 Location: 457 SAILFISH DRIVE A1K/A LOT 1, BLOCK 27, ROYAL PALMS UNtT ZA RE# 171374-0000 Violation: CHAPTER 12, SECTION 12-1 (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS CHAPTER 24, SECTION 24-104: OPERATION OF A JUNKYARD IN RESIDENTIAL DISTRICT Owner Occupied: X Rental: Homestead: Yes X No Code Enforcement Board Members: 1. Inspection of the property revealed that a violation of the Code of the City of Atlantic Beach is present. Ownership of the property was determined through: Tax Records x Title Search Other 2. The code #(s) and nature of the violation(s) discovered are: CHAPTER 12, SECTION 12-i (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS CHAPTER 24, SECTION 24-104: OPERATION OF A JUNKYARD IN RESIDENTIAL AREA 3. The inspection was prompted as a result of a: Complaint X Routine Inspection _ Other 4. A violation notice was issued to the owner/occupant on: JANUARY 29, 2001 5. Notice to the owner-occupant was achieved by: Certified Mail Hand Delivery X Posting of Property. The method of service meets with requirements of Florida Statutes 162-12. I did X did not speak with the owner someone in charge of the property concerning the violations. 7. Brief description of conversation: January 29, 2001, Code Enforcement Officer Sherrer, spoke with Mr. Brown about his continued violations of city code. During the course of the conversation, Code Enforcement Officer Sherrer issued the letter of notification with a compliance date of February 15, 2001. The Notification letter and compliance date were explained to Mr. Brown. 8. The latest inspection was made MAY 1.2001 as a result of following up on the original complaint(s). 9. The violation(s) is still present _ in compliance X . ATTACHMENT PAGE 2 Code Bd. Minutes 5/1/Ol CODE PRESENTATION SHEET 10. In order to achieve compliance, it is necessary to correct all of the violations and maintain the property: By never conducting a scrap metal business in a residential district again. Only certain home occupations are permitted in residential districts, those occupations and their guidelines can be found in Chapter 24, section 24-159 of the City Code 11. I do X do not have photographs of the property and violations as they existed on the property. They represent a fair and accurate representation of the property at the time they were taken. 12. I would estimate that 0 day(s) would be sufficient time to correct the violation. 13. Further Comments: Mr. Brown, previously appeared before the Code Enforcement Board on September 7,1999 for outside storage of miscellaneous materials. Mr. Brown was found guilty, given 30 days to bring his property into compliance and assessed $110.99 in administrative fees. On January 11, 2000 Mr. Brown was brought back for non-compliance with Code Enforcement Boards Order, fined $4,500.00. Fine reduced to $350.00 plus $174.00 in administrative fees. Compliance was never verified because of privacy fence installation. There have been several complaints since September 7, 2000, involving Mr. Brown's scrap metal business and the illegal outside storage of miscellaneous goods related to his business. These complaints have resulted in 3 Courtesy Notices of Violation, one undelivered Letter of Notification, and several conversations with Mr. Brown. On more then one occasion these violations have been corrected, only to return. Complaints continue and so have the violations. 14. Recommendations: That Mr Brown be found guilty for non-compliance, and per Florida Statute 162.09 (2)(a) be fined the full $5,000.00 as a repeat violator for outside storage, and an additional $2,500.00 for operating a junkyard in a residential district, for a total of $7,500.00. That these fines be deferred pending any future judiciary action for repeat violations by the Board. That the deferred fines of this case be levied as a separate action in future repeat violations, and that Mr. Brown be assessed the full administrative costs of conducting this hearing, per Florida Statute 162.07 (2). Respectfully submitted, Alex Sherrer Code Enforcement Officer ATTACHMENT Code Bd. Minutes 5/1/O1 Code Enforcement Administrative Charges for Presentation to the Board Pursuant to Florida Statute 162.07 (2) the following charges for prosecuting this case before the Code .s Enforcement Board shall be charged to the violator provided he or she are found in violation. Code Enforcement Board Meeting: May 1, 2001 Case Number; 075-01: Mr. Benjamin Brown Jr, 457 Sailfish Drive, Atlantic Beach, FL 32233 Code Enforcement Officer, $ 14.15 per hour x 26 hours = $367.90 Code Enforcement Secretary, $ 9.76 per hour x 3 hours = $ 29.28 Code Enforcement Attorney, $125.00 per hour x 2 hours = $250.00 City Attorney, $140.00 per hour x 1 hour = $140.00 Postage, Certified Mail, $ 3.74 x 3 = $ 11.22 Copies, Xerox $ .10 x 171 = 17.10 Total Charges $815.50 May 1, 2001 ~, Alex Sherrer Code Enforcement Officer