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• _ CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD AGENDA
7:30 P.M., March 7, 2000
Call to order
Pledge of Allegiance to the Flag
Roll Call
1. Approval of the Minutes of the Regular Meeting held January 11,2000.
2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda
3. UNFINISHED 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.
• On January 11, 2000, this Board found Mervyn &Theresa Russell in violation, and
directed them to pay a mitigation fee of$7466.25 (pending further decision of the Tree
Board), plus administrative charges of$94.84,within forty-five (45) days. Further, they
were directed to remove all downed and dead trees and other vegetation, and remove the
collapsed garage structure on the property within fifteen (15) days.
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 January 11, 2000, this Board voted to reduce Mr. Brown's fine of$4,500.00,
levied a new fine of$325.00, plus $174.58 for administrative expenses, for a total of$499.58,
to be paid within forty-five (45) days. Mr. Brown was notified in writing of this Board's
action by Certified Mail, and Code Enforcement Official Grunewald posted the property.
On February 22, 2000, Mr. Brown paid $499.58,within the 45 days allowed, and the
case is now closed.
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4. NEW BUSINESS:
A. Case No. 2000 - 8844 - Beatrice M. Hartman, 582 Aquatic Drive. The owner of
the property is in violation of Chapter 4, Section 24 & Chapter 24, Section 27, Animal Control
Citations #00291 & 00292. Two citations were issued, and each is a third offense.
5. REQUEST FOR LIEN ACTION:
Name Address Amount of Lien
NONE
6. BOARD MEMBER COMMENTS:
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7. ADJOURNMENT
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0CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
MARCH 7, 2000
Call to order: PRESENT: Ken Rogosheske, Chairman
Curtis Sanders
Tami Deitchman
Richard Mann
AND: Suzanne Green, Prosecuting Attorney
Alan Jensen, City Attorney
Karl W. Grunewald, Code Enforcement Officer
Linda P. Kilis, Secretary
ABSENT: E.T. Fernandez, III
Robert Etheridge
James Pelkey
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 January 11, 2000.
• 2. Upon Chairman Rogosheske's p ogosheske s request, the Secretary read the roll, finding that
Board Members E.T. Fernandez, III, Robert Etheridge and James Pelkey were
absent, and were unexcused.
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. 99-8774 - 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
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• $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) days.
Code Enforcement Official Grunewald reported that the Tree Board had reduced
the fine to $3,000.00 plus replacement of a certain number of trees. Additionally, that the
administrative charges of$94.84 assessed by the Code Enforcement Board have not been
paid, and 45 days were allowed from January 12, 2000, for these charges to be paid.
Board Member Sanders asked to go on record that the trees are to be watered, and
asked who is responsible for watering the trees.
Attorney Jensen advised that if the trees are replaced by the citizen, it is the city's
responsibility to make sure they are watered.
*Note: This matter was addressed again under New Business.
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 January 11, 2000, this Board voted to reduce Mr. Brown's fine of$4,500.00,
levied a new fine of$325.00, plus $174.58 for administrative expenses, for a total of$499.58,
to be paid within forty-five (45) days. Mr. Brown was notified in writing of this Board's
action by Certified Mail, and Code Enforcement Official Grunewald posted the property.
Code Enforcement Official Grunewald reported that on February 22, 2000, Mr.
Brown paid $499.58,within the 45 days allowed, and the case is now 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.
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• A. Case No. 2000 - 8844 - Beatrice M. Hartman, 582 Aquatic Drive. The owner of
the property is in violation of Chapter 4, Section 24 & Chapter 24, Section 27, Animal Control
Citations #00291 & 00292. Two citations were issued, and each is a third offense.
Code Enforcement Official Grunewald advised that Beatrice M. Hartman received
two citations on 1/11/00, one for each of her two Rottweiler dogs, and that each citation is a
third offense. He recommended that the Board find Mrs. Hartman in violation, fine her up
to $250.00, and if the fine is not paid within 30 days that a lien be placed on the property
and administrative charges be levied in the amount of$114.16. Any future similar
violations are repeat violations, punishable by a fine of up to $500.00 as directed by the
Board.
Animal Control Officer Mesquit reported on the reason for the citations, having
received a call that the dogs were at large, and the circumstances at the time.
Beatrice M. Hartman appeared before the Board and stated that she had paid the
previous fines, and has tried various things to keep the dogs from digging out of the yard.
She is sorry for the problems they have caused, and she has a company going out on
Monday, March 13th, to install an invisible fence which is supposed to solve the problem
with the dogs.
• Mr. Hartman appeared before the Board and also advised that they are having the
new fence installed on Monday, and this problem won't occur again.
Board Member Mann moved to find Mrs. Hartman in violation of Chapter 4,
Section 24 & Chapter 24, Section 27 of the Code. Board Member Sanders seconded the
motion, and upon vote of the Board, the motion was unanimously approved.
Board Member Mann then made a motion that if a repeat violation occurs, the fine
will be an automatic $250.00 per day, and the Hartmans will be required to appear before
the Code Enforcement Board, and any violation after that would be $500.00.
Discussion ensued regarding applicable authorities.
Board Member Sanders moved on the recommendation of Code Enforcement
Official Grunewald that if after March 13, 2000, either of the dogs are found in violation, a
$250 fine will be levied for each dog. A mandatory appearance will be required to appear
before the Board to levy the fine. Any future violations following that hearing will be a
repeat violation with a fine of up to $500 per dog, and Board Member Mann seconded the
motion. Upon vote of the members, the motion passed unanimously.
Since the previous motions did not include the administrative charges, Board
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• Member Mann moved to assess the administrative charges of$114.16 to Mrs. Hartman, the
motion was seconded, and unanimously approved.
* Case No. 99-8774 - Mervyn & Theresa Russell, 1405 Main Street.
After further discussion in this matter, Board Member Sanders made a motion that
the recommendation of the Tree Board in this matter be accepted by this Board, and that
the sum of$3,000.00 is to be paid within forty-five (45) days. In the event the fine is not
paid within 45 days, a lien will be placed against the property. Additionally, the
administrative charges of$94.84 have not been paid, and they are to be paid within 45 days
from January 11, 2000.
This motion was seconded by Board Member Deitchman, and upon a vote of all
members of the Board, passed unanimously.
6. REQUESTS FOR LIEN ACTION:
Name Address Amount of Lien
• NONE
6. BOARD MEMBER/CODE ENFORCEMENT OFFICIAL COMMENTS:
• Code Enforcement Official Grunewald advised that he is retiring effective May 12,
2000.
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8. ADJOURNMENT
There being no further discussion or business to come before the Board, the meeting adjourned at
8:10 P.M.
'', e/e______
en Rogos e,, e, hairman
Attest: Code Enforcement Board
Linda P. Kilis
Secretary
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