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.
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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.
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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.
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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