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02-24-98 v CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P.M., FEBRUARY 24, 1998 Call to order Pledge of Allegiance to the Flag Roll Call 1. Approval of the Minutes of the Regular Meeting held January 6, 1998 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda 3. OLD BUSINESS: Code Enforcement Official Karl Grunewald will present follow-up reports on the following properties: Case No. 97-6909 - Evelyn Neigel - 15 Forrestal Circle. The owner of the property is in violation of Chapter 12, Sections 12-1-3 and 12-1-7 and Chapter 16 in that there exists on the premises the following condition(s): depositing rubbish and trash on the property, high grass and weeds, open storage of household furniture and other items, and trash and garbage scattered around the yard with no garbage cans placed at curb for pick-up. During the January 6, 1998 Code Enforcement Board Meeting, the Board found Greta Carey, co- owner of the property, by her admission, to be in violation of chapter 12 Sections 12-1-3 and 12- 1-7 and Chapter 16. The property had been cleaned up by the meeting and Ms. Carey agreed to keep the property clean in the future. The Board voted to impose a fine of$25.00 per day against the property should it come into non- compliance again and waived the administrative costs. Case No. 97-6814 - Kevin Rissmiller- 386 Sargo Road. The owner of the property is in violation of Chapter 12 Section 12-1-3 and 12-1-7 in that there exists on the premises the following condition(s): high grass and weeds in the front. yard and outside storage and abandoned vehicles on the property. During the January 6, 1998 meeting Mr. Rissmiller admitted to being in violation of Chapter 12- 1-3 and 12-1-7. Mr. Rissmiller was given until 5:00 p.m. on Monday, January 12, 1998 to I complete the clean up of the property. The Board voted to fine Mr. Rissmiller$25.00 per day for every day the property remained in violation after said date. The Board also voted to assess Mr. Rissmiller $108.16 administrative costs. Mr. Rissmiller met the deadline to clean up the property. However, as of this date, Mr. Rissmiller has not picked up his certified mail concerning the Findings of Fact sheet and invoice for the administrative costs. 4. NEW BUSINESS: Case No. 98-7205 - Bobby Knight 945 Plaza Drive. Bobby Knight, occupant of the property owned by William Nichol, is 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 the following condition(s): outside storage of numerous lawn mowers and other items. Mr. Knight was before the Board on September 6, 1994 for the same violation. Code Enforcement Officer Grunewald recommends that if Mr. Knight is found in violation, he be fined $250.00, and any future violations would result in a fine of$25.00 per day. 5. REQUEST FOR LIEN ACTION: Name Address Amount of Lien None. 6. ELECTION OF A CHAIRMAN AND VICE CHAIRMAN Comments from Ed Martin Comments from Newly Elected Chairman 7. BOARD MEMBER COMMENTS: 8. ADJOURNMENT CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES FEBRUARY 24, 1998 Call to order: PRESENT: Edward Martin, Chairman Ken Rogosheske James Pelkey Lou Etta Waters Robert Etheridge Richard S. Mann Tammy Deitchman AND: Suzanne Green, Prosecuting Attorney Alan Jensen, City Attorney Karl Grunewald, Code Enforcement Officer Julie M. Brandt, Secretary The meeting was called to order at 7:30 p.m. by Chairman Ed Martin, followed by the Pledge of Allegiance to the Flag by all present. 1. Approval of Minutes of January 6, 1998 The minutes of the Regular Code Enforcement Board Meeting of January 6, 1998 were approved as presented. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda. Code Enforcement Officer Grunewald introduced Dan Meyer and City of Atlantic Beach Building Official Don Ford. 3. OLD BUSINESS: Code Enforcement Official Karl Grunewald presented follow-up reports on the following properties: Case No. 97-6909 - Evelyn Neigel - 15 Forrestal Circle. The owner of the property is in violation of Chapter 12, Sections 12-1-3 and 12-1-7 and Chapter 16 in that there exists on the premises the following condition(s): depositing rubbish and trash on the property, high grass and weeds, open storage of household furniture and other items, and trash and garbage scattered around the yard with no garbage cans placed at curb for pick-up. During the January 6, 1998 Code Enforcement Board Meeting, the Board found Greta Carey, co- Minutes Page -2- February 24, 1998 owner of the property, by her admission, to be in violation of Chapter 12 Sections 12-1-3 and 12-1-7 and Chapter 16. The property had been cleaned up by the meeting and Ms. Carey agreed to keep the property clean in the future. The Board voted to impose a fine of$25.00 per day against the property should it come into non-compliance again and waived the administrative costs. Code Enforcement Officer Grunewald reported that the property continues to be maintained and the case is now closed.. Case No. 97-6814 - Kevin Rissmiller- 386 Sargo Road. The owner of the property is in violation of Chapter 12 Section 12-1-3 and 12-1-7 in that there exists on the premises the following condition(s): high grass and weeds in the front. yard and outside storage and abandoned vehicles on the property. During the January 6, 1998 meeting Mr. Rissmiller admitted to being in violation of Chapter 12- 1-3 and 12-1-7. Mr. Rissmiller was given until 5:00 p.m. on Monday, January 12, 1998 to complete the clean up of the property. The Board voted to fine Mr. Rissmiller $25.00 per day for every day the property remained in violation after said date. The Board also voted to assess Mr. Rissmiller $108.16 administrative costs. Code Enforcement Officer Grunewald reported that all the vehicles on the property had been registered and were now legal, even the one which was in probate at the time of the January meeting. The property has been cleaned up and the grass mowed. The Findings of Fact sheet and invoice for the administrative costs were delivered by an Atlantic Beach Officer and signed for by Mrs. Rissmiller on February 14, 1998. 4. NEW BUSINESS: Case No. 98-7205 - Bobby Knight 945 Plaza Drive. Bobby Knight, occupant of the property owned by William Nichol, is 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 the following condition(s): outside storage of numerous lawn mowers and other items. Mr. Knight entered the meeting at approximately 7:37 p.m. Chairman Martin read the case procedures and all of the witnesses were sworn in. Prosecuting Attorney Green read the charges and explained that this was the second time Mr. Minutes Page -3- February 24, 1998 Knight was found to be in violation of Chapter 12, Section 12-1-7 and brought before the Code Enforcement Board, the first time being September 6, 1994. Prosecuting Attorney Green stated that after the first citation, the property was cleaned up and remained that way until it was cited for the same violation the beginning of February, 1998 . Code Enforcement Officer Grunewald distributed photographs to Mr. Knight and the Board Members which were taken earlier in the month and showed numerous lawn mowers setting around the subject property. Photographs were also distributed which were taken the morning of February 24, 1998, and showed that the lawn mowers had been piled in the corner of the property and covered with a drop cloth. Some discussion ensued, and it was pointed out that Mr. Knight had cleaned up and landscaped his property since the 1994 citation. While viewing the photographs of the lawn mowers, Prosecuting Attorney Green asked Mr. Knight what type of business he was engaged in and if the lawn mowers were used in his work. Mr. Knight stated he ran a lawn service and used the mowers in his business. Board Member Rogosheske inquired as to the general unkept look of the yard and Mr. Knight stated that his children were responsible for some of the clutter and he had to keep after them to try and keep the property orderly. Board Member Rogosheske then inquired if placing a tarp over the piled up lawn mowers brought the property into compliance. Code Enforcement Officer Grunewald responded that the property was not in compliance and he had informed Mr. Knight he needed to construct a fenced-in area in which to store the lawn mowers. Chairman Martin then read the 1994 Findings of Fact and reminded the Board this was a second violation. There being no further discussion, a motion was made by Chairman Ed Martin, seconded by Board Member Ken Rogosheske and unanimously carried to find Bobby Knight in violation of Section 12-1-7 of the Code based upon the evidence and testimony presented. Mr. Knight requested that he be given until one week from Monday, (March 9, 1998) to fence in the storage area for the lawn mowers. Minutes Page -4- February 24, 1998 After a brief discussion, a motion was made by Chairman Ed Martin, seconded by Jim Pelkey and unanimously carried to give Mr. Knight until 5:00 p.m., March 9, 1998 to erect a wooden fenced-in area in the corner of his property to store the lawn mowers. Code Enforcement Officer Grunewald was directed to meet with Mr. Knight at 9:00 a.m. Wednesday, February 25, 1998, to discuss the type of fence to construct and its placement. The Board voted to levy a $50.00 fine against said property because of the second violation. If said property is not brought into compliance by 5:00 p.m. March 9, 1998, the Board voted to impose a fine of$25.00 per day against said property from the day the property is cited until compliance is reached to the satisfaction of the Code Enforcement Officer. Chairman Martin stated this is a second violation and recapped the Board's Findings of Fact, and asked Mr. Knight if he understood them. Mr. Knight stated that he understood. Code Enforcement Officer Grunewald verified the 9:00 a.m. appointment with Mr. Knight to discuss the fence. 5. REQUEST FOR LIEN ACTION: Name Address Amount of Lien None. 6. ELECTION OF A CHAIRMAN AND VICE CHAIRMAN Chairman Ed Martin requested that election of a new Chairman and Vice Chairman be tabled until the next Regular Code Enforcement Board Meeting. Comments from Ed Martin Chairman Ed Martin thanked the Board for allowing him to serve as their Chairman and for their willingness to serve the citizens of Atlantic Beach. He urged the members to take advantage of the various training seminars offered, and reminded them that due to the quasi-judicial nature of the Board, they could not go and personally view any property being brought before them, but must base their findings on the evidence presented. To expedite cases brought before the Board, Chairman Martin urged the Board Members to continue to conduct meetings using the same method as the City of Jacksonville Code Enforcement Board, which he initiated during the January meeting. 7. BOARD MEMBER COMMENTS: Minutes Page -5- February 24, 1998 8. ADJOURNMENT There being no further discussion or business to come before the Board, the meeting adjourned at 8:10 p.m. After the adjournment of the Board Meeting, an informal reception was held honoring Mr. Martin's many years of service on the Code Enforcement Board. A Resolution of Esteem adopted by the City Commission was presented to Mr. Martin, as well as a plaque from the Code Enforcement Board. City Manager Jim Jarboe, Building Official Don Ford, and City Clerk Maureen King all praised the work of Mr. Martin and wished him well at his new home in North Carolina. uc./- Ken Rogosh4 ske, Chairman Code Enforcement Board Attest: dix/ 7-)Acitt ulie M. Brandt, Secretary