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09-05-95 CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P. M., 3EPTEPffiER 5, 1995 Call to order Pledge to the Flag Roll Call 1. Approval of the minutes of the meeting of July 11, 1995 2. Recognition of Visitors and Guests regarding any matters that are not listed on agenda. ~. Old Suaineaa• Code Enforcement Officer x111 report on the folloxiaq caaea: Case No. 0090 - Rita Eiitech -owner of property located at 386 Sargo Road - in violation of Section 12-1-(7) - abandoned vehicles ~ (Kimberly Rissmiller appeared at the meeting of July 11, 1995 and advised vehicles would be moved) Caaa No. 0091 - Joseph J. Romano - 1170 Begonia St - violation of Section 12-1-(7) - outside storage of building material; Section 16-7 - depositing of building material. (At the meeting of July 11, 1995 Karl Grunewald reported the city was in the process of clearing the property) Caae No. 0093 - Gloria J. Caeteriine - owner of property at 1080 W. Plaza Street - in violation of Section 12-1-(7) unregistered abandoned motor vehicle in yard. (At the meeting of July 11, 1995 Gloria Casterline reported she would have the car removed from the property by noon of July 12, 1995). Property located at 836 Bonita Aoad - Karl Grunewald will report concerning the status of the property. Case No. 0078 - Greg Fields - owner of property located at 1093 Hibiscus Street, in violation of Section 24-163 - parking of boat ~ in front yard in front of building setback line. (1 Page 2 Code Enforcement Agenda September 5, 1995 Case No. 0094 - Harry T. Gross, Jr., owner of property located at 980 Mayport Road, in violation of Section 12-1-(7), Abandoned Vehicles; and Section 24-111, Zoning - Present CG and past BA zoning do not permit junk yards. Case No. 0095 - Mack Mathews - performed work at 1494 Linkside Drive - in violation of Florida State Statute 489.53(1) Unlicensed registered or certified contractor; City of Atlantic Beach Section 20-52 - no occupational license; Section 24-65 - no permit. Case No. 0096 - Jack M. Mitchell - owner of a vacant lot S.W. corner Camelia and W. 9th Street a/k/a Lot 2, Block 148, Section H, in violation of Section 16-7-b - depositing garden trash upon vacant lot; Section 12-1-3&6 - Depositing of rubbish of any kind and creating a health and safety hazard. n 4. Reeueat foi Lien Action: 5. Board Members comments: r CITY 08 71TL71NTIC Sa71C8 CODA axa~oRCaeo~xT BOl13tD ItiNUTa3 saM'II~BaR 5, 1995 Call to order: PRESENT: Edward Martin, Chairman Heywood Dowling, Jr. Kathleen Russell Lou Etta Waters Barbara Bonner Theo K. Mitchelson Richard S. Mann AND: Suzanne Green Prosecuting Attorney Alan Jensen, Legal Counsel to Hoard Karl Grunewald, Code Enf. Officer Trudy Lopanik, Secretary 1. 1-noroval of Kinutea of July 11. 1995 A motion was wade, seconded, and passed to approve the minutes o! July 11, 1995. - -- -„-. Mrs. Allen, 979 Camellia Street, complained she was having problems with neighbors on the left side of her house and neighbors on the right side of her house. She complained her neighbor on the right side of her house had hlgh shrubbery that blocked the driveway, and her other neighbor on the left side of her house had a fence that Mrs. Allen felt was on the city right-of-way and should be moved back to the property owner's property line. Karl Grunewald reported the problems indicated by Mrs. Allen were ongoing problems between the neighbors. Mr. Grunewald was asked to conduct a visual inspection of both properties under discussion and make a determination concerning whether or not action should be taken. ~,, Old Suaine~a: Reports trom the Coda anlorcement Board: Caae No. 0090 - Rita alitech -owner of property located at 386 Sargo Road - in violation of Section 12-1-(7) - abandoned vehicles (Kimberly Rissmiller appeared at the meeting of July 11, 1995 and advised vehicles would be moved) lir. firunexaid indicated the property xas in compliance. ~ Caae No. 0091 - Joseph J. Romano - 1170 Begonia St - violation of Section 12-1-(7) - outside storage of building material; Section 16-7 - depositing of building material. (At the meeting of July 11, r` Code Enforcement Board Minutes, September 5, 1995 Page 2 1995 Karl Grunewald reported the city was in the process of clearing the property) Mr. Grunewald reported the property had bean alearad by the City Gad the property ovasr xould be billed for the costa. St the bill wa• not paid within 30 days a lien could be placed on the property. Case No. 0093 - Gloria S. Gatarline - owner of property at 1080 W. Plaza Street - in violation of Section 12-1-i7) unregistered abandoned motor vehicle in yard. (At the meeting of July il, 1995 Gloria Casterline reported she would have the car removed from the property by noon of July 12, 1995). Lir. Grunewald reported the property Mas in coaiplianaa. Property loaatad at 836 Bonita Road - Mr. Grunewald reported the neighborhood was in compliance and Mr. Johnson had appeared at a ~ City Commission meeting indicating his satisfaction with the city's response. Gee No. 0078 - Graq aialda - owner of property located at 1093 Hibiscus Street, in violation of Section 24-163 - parking of boat in front yard in front of building setback line. Mr. Martin read case hearing procedures for Cases 0078, 0094, 0095, and 0096. Graq Sialda: Suzanne Green indicated Greg Fields was a tenant who parked his boat in front of the set back line. She indicated on November 3, 1994 Mr. Fields was found to be in violation of the same city code and at that time the board voted that if the property was found to be in non-compliance in the future a fine of $50 per day would be installed against the owner of the property, Mr. Gaskins. Karl Grunewald indicated on August 22, 1995 he once again observed a boat that was parked 1n front of the home. A notice was sent to the owner, Mr. Gaskins and the renter, Mr. Fields. Mr. Fields contacted Mr. Grunewald on August 29, 1995 and advised that the boat had been moved. Mr. Grunewald reported the property was in non-compliance from August 22, 1995 through August 29, 1995. n Code Enforcement Board Minutes, September 5, 1995 Page 3 Mr. Fields explained that Mr. Gaskins indicated to him that the property would be going into foreclosure. In addition, Mr. Fields indicated he did not know the whereabouts of Mr, Gaskins at the present time. It was reported the city was not able to deliver notices to Mr. Gaskins. A discussion ensued concerning the time the property was in violation and it was determined the property was in violation 7 days. Mr. Fields indicated he had left a message at city hall indicating the boat would be in front of his home for a few days while the boat was being repaired; however, Mr. Grunewald indicated he did not receive the message. A MOTION NAS MADE, SECONDED, AND PASSED TO FIND T8E PROPERTY LOCATED AT 1093 HIBISCUS STREET TO BE IN VIOLATION FOR T8E SECOt~ID TDIE. ONNER OF THE PROPERTS, D01VID D. G7132C{1T8, 1018 FINED 5350.00. 1fITS REFERENCE TO OCCUP7INT, fiREG FIELDS, FRAM THIS POINT l~ORi101RD IF GREG FIELDS KAS FOUND TO SE IN VIOLATION OF 8ECTION 24-163 OF THE CITT ORDINAlQCE A FINE OF 050.00 PER DAY 1PILL SE INSTALLED AGAINST MR. FIELDS FROD[ T~ DAY THE PROPERTY I9 8'OUl1D TO BE IN NON- COMPLIANCE UNTIL T8E PROPERTY I3 BROUGHT INTO COt4pLIANCE TO THE SATISF7-CTION OF TSE COOS SlIFORC~NT OFFICER. Case No. 0094 - Harry T. Gross, Jr., owner of property located at 980 Mayport Road, in violation of Section 12-1-(7), Abandoned Vehicles; and Section 24-111, Zoning - Present CG and past SA zoning do not permit junk yards. Suzanne Green reported the property was in violation of Section 12- 1-7 and 24-11 of the code. She indicated originally the property was zoned HA but in 1986 a use-by-exception was allowed, but that the use by exception did not allow junk or parts on the property. n Karl Grunewald indicated the property was known as Bud's Auto Sales, and he passed out pictures that were taken 6/20/95 and 8/18/95. He indicated in 1986 the City Commission granted a use by exception for used car sales. Mr. Grunewald proceeded to report (~ Code Enforcement Board Minutes, September 5, 1995 Page 4 on what had transpired with reference to this violation as set forth in the attached Chronology of Events. Mr. Gross advised some time ago he was in the process of selling the three back lots of his property. As a result of his efforts to clear those three lots, debris was placed around the property. As a result of illness in the family, he was not able to address the problem as quickly as he planned, but that he was in the process of conforming to the city code and clearing the property. A lenghly discussion occurred concerning whether or not the vehicles on the property were abandoned vehicles. Mr. Gross explained he had an occupational license for storage, repair, and sales. He explained he dealt with classics, not new cars and that because he had a dealers license he was not required to register every vehicle he owned. When asked how many people paid money to ~ store vehicles, Mr. Gross indicated about 10 people paid to store vehicles. A discussion ensued regarding stickers that were placed by Mr. Grunewald on certain cars and Mr, Grunewald explained Mr. Gross and Mr. Grunewald agreed that Mr. Grunewald would place stickers only on the cars that were a problem. The idea of placing the stickers on the cars was so that Mr. Gross could readily see and identify the cars that were a problem. Mr. Grunewald added that red tags were used just for an indicator of what cars were a problem. Mr. Grunewald explained 1f Mr. Gross showed proof that he was storing vehicles and that vehicles were operable, there would be no reason to call the vehicles "abandoned vehicles." Mr. Grunewald added State law indicated a vehicle was abandoned if it was unidentifiable, inoperable, or unregistered. Mr. Grunewald explained there many varieties of other debris found to be around the property. Following discussion, it was decided that Mr. Grunewald would meet with Mr. Gross to identify the items to be removed from the property. 7- MO-PION 1018 2~1DS, SECOQQDELI, ]11® PASSID TO !'IND THZ pROFZRTY I.OC71Tm J-T 980 1O-YPOIYl IiW1D TO BE Ili VZOIJ-TION Oa SECTION 2i-111 OF T~ CADS. OiQiER 08 T8L YltOPSR17, ~1RRZ T. fiEt033, JR., 1013 DIRT.CTl.D Code Enforcement Board 'F Minutes, September 5, 2995 Page ~ 5 • i • • • v • v +-. TO MdET 1PITH lC11RI. GRIROE101LD ~1T NOON, THUR8D71Y, SEM'El~ER 7, 1995 ]-T NHICH TIFII: MR. GRVNEKIILD 1fILL INDIGTE TO MR. GRO88 THE ZT~dB MR. GRO88 1PILL BE REQUIRED TO CLE71R FROtI THE BROPERTY. MR. GRO88 1018 7-LLO1fED 30 D71Y8, BEGINNING TH9RSD71Y, SEPTEl~ER 7, 1995 71IiD LNDING THUR8DJ17, OCTOBER 7, 1995 TO BRII1G THE YRO?ERT7 INTO COl~LI71t7CE TO TSZ 81-TIBFACTION OF THZ CODE ENFORCEMB~iT OFFICER. It was decided to defer action on the vehicles until Mr. GRUNEWALD had determined the vehicles that fall under the category of abandoned vehicles. Case No. 0095 - Mack Mathara - performed work at 1494 Linkside Drive - in violation of Florida State Statute 489.53(1) Unlicensed registered or certified contractor; City of Atlantic Beach Section 20-52 - no occupational license; Section 24-65 - no permit. Suzanne Green explained Mack Mathews installed a screen enclosure at 1494 Linkside Drive, but that he had no license to do the work. It was explained Mr. Mathews was not present. Karl GRUNEWALD explained the city was not successful in delivering (1 a subpoena to appear at the meeting to Geraldine Myers who lived at 1494 Linkside Drive. He explained the city notified the Department of Business Regulation concerning Mr. Mathews lack of a license, and he explained the City of Jacksonville also cited Mr. Mathews. It was explained the job Mr. Mathews performed was completed. ]1 MOTION 1018 M11DE, SEOONDID, ]1Tm P1188ED TO FIND 2ACE M1ITBENB, 71718LE A1fNINGB SCREEN ROODfB, 11504 1Q1O887 1O1Y, J11C1CSONVILLE, FLORIDA 32223, TO SE I1Q VIOLi1TI0N OF FLORIDJI STl-TOTE 489.53 (1) UNLICIIQSID REGIBTERED 01t CERTIFIED CONTR7ICTOR, SLCTIOti 20-52, NO OCCUP]-TIONIIL LICEN8E, 11ND SECTION 24-65, HO PERMIT, FOR NOR1C PSRr'ORtdi-D )1T 1494 LINlCSIDE DRIVE, 7-TLIINTIC BE7-CH, F7+ORID71. MR. MATHEIPB 1018 FINED $250.00 BY THE CODE ENFORCENEt~]T BW1RD. Gse No. 0096 - Jaak M. Mitaheli - owner of a vacant lot S.W. corner Camellia and W. 9th Street a/k/a Lot 2, Hlock 148, Section H, in violation of Section 16-7-b - depositing garden trash upon vacant lot; Section 12-1-3&6 - Depositing of rubbish of any kind Code Enforcement Board Minutes, September 5, 1995 Page b and creating a health and safety hazard. ZCari Grunowald indicated this was not the first violation for Mr. Mitchell. He indicated Mr. Mitchell was notified of a violation on August 4, 1994 and at that time he did comply. Mr. Grunewald passed out photographs of the current violation, but he indicated as of this date, September 5, 1995, the property had been brought into compliance. Mr. Mitchell advised that other people had dumped debris on the lot. He indicated he had cleared the lot and that it would not be in violation again. A MOTION 1018 M71DE, BECONDED, AND PASSID TO FIND J1-C!C M. MITCHELL, 22 FORRESTAL CIRCLE NORTH, ATLl127TIC BE71CH, TO SE IN VIOLl1TI0li OF SECTION 16-7-8 AND 12-1-3i6 OF TSE CODE FOR DEPOSITING TR718H UPON A VACANT LOT $.K. CORNER ~'~*~erT.T.I71 AND X. 9TH STREET. SINCE THE CODE Stil'ORCQtdl1T INSPECTOR REPORTED THE PROPERI7 8AD BEEN BROUGHT INTO COMPLIANCE, NO FINE 1018 LEVILO AGAIlIST MR. MITCHELL. r.~ HOWEVER, IF THE $71td$ SECTIONS OF TSE COOS AR& VIOL7-TED IN THE DVTURE A X50.00 PER DAY FINE 1fILL OCCUR FROM THE DATE THE VIOLATION OCCURRED UNTIL IT 1018 BROUGHT INTO COMPLZi1NCE B7 THE CODE ffi~iP'ORCEM6NT INSPECTOR. ~. Aogwat for Lion Action: None. 5. Board Mombora oo®onta: Barbara Bonner indicated her term on the Board was expired. She indicated she had enjoyed serving on the Board. ~~ Code Enforcement Board Minutes, September 5, 1995 Page 7 6 . ]-d j ournm~nt There being no further business the meeting was adjourned at 9:00 p. M. G. E. Martin Chairman ATTEST: Secretary, Trudy Lopanik CHRONOLOGY OF EVENTS CASE #0094 - IIARRY T. CAOSS JR 980 MAYPORT ROAD September S, 1994 Notice via certified mail signed for on 8/12/94. Re: abandoned and junk vehicles. Mr. Gross spoke to the City Clerk about his use-by-exception Pending the time factor further investigation was postponed. May 9, 1995 The City Clerk requested that I follow up on Mt. Gross regarding his failure to reapply and pay for his three business licenses. I personally visited the premises at 980 Mayport Road to speak to Mr. Gross. It was at that time that I observed abandoned and junl: cars and parts scattered on the property. May 25, 1995 A certified letter Re: Business Licenses was sent (returned unclaimed) Shortly after that Mn. Gross paid for the licenses. n Also, a notice dated 525/95 was sent re: abandoned vehicles (returned unclaimed). 3une 13,1995 Mr. Gross was notified via hand delivery by the Police Department of the existing violations of abandoned vehicles, junk, ead parts, and of the zoning violation (no junk yards permitted). June 1b, 1995 Mr. Gross called regarding my continued leaving of business cards at 980 Mayport Road. During our telephone conversation it was established that there were abandoned and junk vehicles and parts stored on his property. We discussed his uso-by-exception for storage. However, storage did not constitute abandoned or junk vehicles, as demonstrated by zoning of 1976. I told Mt. Gross that I would tag We vehicles determined abandoned or junk and that he would Gave 72 hours to remove them. lone 20, 1995 A letter restating our phone conversation was hand delivered to Mr. Gross by the Police Department. The letter states 72 hours for removal and compliance no later than July 11, 1995 (Code Board) to avoid any possible fines. Mr. Gross was then granted by Don Ford an extension of time, to July 15, 1995, for compliance which was beyond the July 11, 1995 Code Board meeting. n Page 2 Harry Gross August 16, 1995 As of this date the vehicles on the property have been moved around. However, there still remains abandoned and junk vehicles and parts as depicted in the photos that will be provided dated June 20, 1995 and August 16, 1995. Knrl Grunewald Code Enforcement Inspector /tl