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09-12-00 v h CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES SEPTEMBER 12, 2000 Call to order: PRESENT: Curtis Sanders, Chairman Tami Deitchman Richard Mann Karl W. Grunewald Robert Etheridge James Pelkey AND: Suzanne Green, Prosecuting Attorney Alex Sherrer, Code Enforcement Officer Linda P. Kilis, Secretary ABSENT: E.T. Fernandez, III Alan Jensen, City Attorney 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. Upon Chairman Sanders' request, the Secretary read the roll, finding that Board 411iMember E. T. Fernandez, III was absent. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda. 3. Introduction of new Code Enforcement Official, Alex Sherrer. (The previous Code Enforcement Official, Nick Vander Wal, resigned.) 4. Approval of Minutes of the Regular Meeting of May 2, 2000. Chairman Sanders briefly reviewed the Minutes of the May 2, 2000 meeting, and requested the Code Enforcement Official to advise the status of the cases. Subsequently, Board Member Grunewald moved to approve the Minutes, and Board Member Mann seconded the motion. Following a vote by the members, the minutes were unanimously approved. 5. UNFINISHED BUSINESS: Code Enforcement Official Sherrer presented brief follow-up reports on the following cases as reflected on the Agenda for September 12, 2000: A. Case No. 00-8840 - Christopher Allen,49 Ardella Road (RE#172059-0000). The property is in compliance, and the administrative costs of$80.59 assessed to Christopher Allen have been paid. This case is now closed. • B. Case No. 00-8985 -J. Malcolm Jones, 161 Beach Ave. (RE#170215-0000). The owner of the property is in violation of Chapter 24, Section 24-157(a), Violation of height limitations for fences. This Board granted the request of counsel, allowing sixty (60) days from May 2, 2000, for J. Malcolm Jones to apply to the Community Development Board for a variance regarding the fence. This Board also found at its meeting on May 2,2000, that if the variance was denied, Mr. Jones would have ten (10) days to lower the fence to meet code requirements. The administrative costs assessed to Mr. Jones were paid on June 8, 2000. The Community Development Board denied the Application for Variance on July 18, 2000, and Emily C. Pierce, counsel for Mr. Jones,was present at the meeting and is aware of the denial of the variance. (Copy of the Minutes of the Community Development Board meeting were attached to the Agenda.) The time for filing an appeal has expired. Code Enforcement Officer Sherrer has sent a letter to Mr. Jones advising him to lower the fence to come into compliance with code requirements. C. Case No. 00-9018 - Robert Stewart,348 Church Road (RE#172338-0000). The owner of the property is in violation of Chapter 12, Section 1-2-3,trash and debris scattered throughout the yard and right of way, and Chapter 12, Section 12-1-7, abandoned vehicles stored on right of way. This property is now in compliance, and this case has been closed. D. Case No. 00-8878 - Hattie L. Tillman,64 Jackson Road (RE#172041-0000). The owner of the property is in violation of Chapter 12, Section 12-1-7, abandoned vehicles. The property is in compliance, however, the administrative costs of$63.59 assessed to Hattie L. Tillman have not been paid. G. Case No. 00-8951 - Fred Lewis, Inc., 1485 Mayport Road (RE#171090-0000). The owner of the property is in violation of Chapter 12, Section 12-1-7, Abandoned furniture deposited on property. The property is now in compliance, the administrative costs of$63.59 assessed to Fred Lewis, Inc. were paid on May 18, 2000, and this case is now closed. 5. NEW BUSINESS: NONE. • 2 • 6. REQUESTS FOR LIEN ACTION: Name Address Amount of Lien NONE 6. BOARD MEMBER/CODE ENFORCEMENT OFFICIAL COMMENTS: ♦ Board Member Grunewald asked whether or not administrative costs can be part of a lien. Following some discussion, Attorney Green advised that she will check into this matter and report on it at the next meeting. 7. ADJOURNMENT There being no further discussion or business to come before the Board,the meeting adjourned to a Workshop meeting at 8:00 P.M.. C7,e,LICIV!re-i Curtis Sanders, Chairman 0 Attest: Code Enforcement Board Linda P. Kilis Secretary • 3 , • CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P.M., September 12, 2000 Call to order Pledge of Allegiance to the Flag Roll Call 1. Approval of the Minutes of the Regular Meeting held May 2, 2000. 2. Recognition of Visitors and Guests regarding any matters not listed on the agenda. 3. Introduction of new Code Enforcement Official,Alex Sherrer. 4. UNFINISHED BUSINESS: A. Case No. 00-8840 - Christopher Allen,49 Ardella Road (RE#172059-0000). The • property is in compliance, and the administrative costs of$80.59 assessed to Christopher Allen have been paid. This case is now closed. B. Case No. 00-8985 -J. Malcolm Jones, 161 Beach Ave. (RE#170215-0000). The owner of the property is in violation of Chapter 24, Section 24-157(a), Violation of height limitations for fences. This Board granted the request of counsel, allowing sixty (60) days from May 2, 2000, for J. Malcolm Jones to apply to the Community Development Board for a variance regarding the fence. This Board also found at its meeting on May 2,2000, that if the variance was denied, Mr. Jones would have ten (10) days to lower the fence to meet code requirements. The administrative costs assessed to Mr.Jones were paid on June 8, 2000. The Community Development Board denied the Application for Variance on July 18,2000, and Emily C. Pierce, counsel for Mr. Jones,was present at the meeting and is aware of the denial of the variance. (See copy of the Minutes of the Community Development Board meeting attached.) The time for filing an appeal has expired. Code Enforcement Officer Sherrer has sent a letter to Mr. Jones advising him to lower the fence to come into compliance with code requirements. • 1 • SC. Case No. 00-9018 -Robert Stewart,348 Church Road (RE#172338-0000). The ' owner of the property is in violation of Chapter 12, Section 1-2-3,trash and debris scattered throughout the yard and right of way, and Chapter 12, Section 12-1-7, abandoned vehicles stored on right of way. This property is now in compliance, and this case has been closed. D. Case No. 00-8878 -Hattie L. Tillman,64 Jackson Road (RE#172041-0000). The owner of the property is in violation of Chapter 12, Section 12-1-7, abandoned vehicles. The property is in compliance, however, the administrative costs of$63.59 assessed to Hattie L. Tillman have not been paid. G. Case No. 00-8951 -Fred Lewis, Inc., 1485 Mayport Road (RE#171090-0000). The owner of the property is in violation of Chapter 12, Section 12-1-7,Abandoned furniture deposited on property. The property is now in compliance, the administrative costs of$63.59 assessed to Fred Lewis, Inc.were paid on May 18,2000, and this case is now closed. 111 5. NEW BUSINESS: NONE 6. REQUEST FOR LIEN ACTION: Name Address Amount of Lien NONE 7. BOARD MEMBER COMMENTS: • Adjourn to Workshop Meeting(see Agenda for Workshop Meeting). 8. ADJOURNMENT • 2 CITY OF ATLANTIC BEACH 0 CODE ENFORCEMENT BOARD MINUTES SEPTEMBER 12, 2000 Call to order: PRESENT: Curtis Sanders, Chairman Tami Deitchman Richard Mann Karl W. Grunewald Robert Etheridge James Pelkey AND: Suzanne Green, Prosecuting Attorney Alex Sherrer, Code Enforcement Officer Linda P. Kilis, Secretary ABSENT: E.T. Fernandez, III Alan Jensen, City Attorney 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. Upon Chairman Sanders' request, the Secretary read the roll, finding that Board IIIMember E. T. Fernandez, III was absent. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda. 3. Introduction of new Code Enforcement Official,Alex Sherrer. (The previous Code Enforcement Official,Nick Vander Wal, resigned.) 4. Approval of Minutes of the Regular Meeting of May 2, 2000. Chairman Sanders briefly reviewed the Minutes of the May 2, 2000 meeting, and requested the Code Enforcement Official to advise the status of the cases. Subsequently, Board Member Grunewald moved to approve the Minutes, and Board Member Maim seconded the motion. Following a vote by the members, the minutes were unanimously approved. 5. UNFINISHED BUSINESS: Code Enforcement Official Sherrer presented brief follow-up reports on the following cases as reflected on the Agenda for September 12, 2000: A. Case No. 00-8840 - Christopher Allen,49 Ardella Road (RE#172059-0000). The property is in compliance, and the administrative costs of$80.59 assessed to Christopher Allen have been paid. This case is now closed. 0 B. Case No. 00-8985 - J. Malcolm Jones, 161 Beach Ave. (RE#170215-0000). The 0 owner of the property is in violation of Chapter 24, Section 24-157(a), Violation of height limitations for fences. This Board granted the request of counsel, allowing sixty (60) days from May 2, 2000, for J. Malcolm Jones to apply to the Community Development Board for a variance regarding the fence. This Board also found at its meeting on May 2,2000, that if the variance was denied,Mr. Jones would have ten (10) days to lower the fence to meet code requirements. The administrative costs assessed to Mr. Jones were paid on June 8,2000. The Community Development Board denied the Application for Variance on July 18,2000, and Emily C. Pierce, counsel for Mr. Jones,was present at the meeting and is aware of the denial of the variance. (Copy of the Minutes of the Community Development Board meeting were attached to the Agenda.) The time for filing an appeal has expired. Code Enforcement Officer Sherrer has sent a letter to Mr. Jones advising him to lower the fence to come into compliance with code requirements. C. Case No. 00-9018 - Robert Stewart,348 Church Road (RE#172338-0000). The owner of the property is in violation of Chapter 12, Section 1-2-3, trash and debris scattered throughout the yard and right of way, and Chapter 12, Section 12-1-7, abandoned vehicles stored Sonright of way. This property is now in compliance, and this case has been closed. D. Case No. 00-8878 - Hattie L. Tillman,64 Jackson Road (RE#172041-0000). The owner of the property is in violation of Chapter 12, Section 12-1-7, abandoned vehicles. The property is in compliance, however, the administrative costs of$63.59 assessed to Hattie L. Tillman have not been paid. G. Case No. 00-8951 - Fred Lewis, Inc., 1485 Mayport Road (RE#171090-0000). The owner of the property is in violation of Chapter 12, Section 12-1-7, Abandoned furniture deposited on property. The property is now in compliance, the administrative costs of$63.59 assessed to Fred Lewis, Inc. were paid on May 18,2000, and this case is now closed. 5. NEW BUSINESS: NONE. • 2 0 6. REQUESTS FOR LIEN ACTION: Name Address Amount of Lien NONE 6. BOARD MEMBER/CODE ENFORCEMENT OFFICIAL COMMENTS: • Board Member Grunewald asked whether or not administrative costs can be part of a lien. Following some discussion,Attorney Green advised that she will check into this matter and report on it at the next meeting. 7. ADJOURNMENT There being no further discussion or business to come before the Board, the meeting adjourned to a Workshop meeting at 8:00 P.M.. Curtis Sanders, Chairman • Attest: Code Enforcement Board Linda P. Kilis Secretary III 3 • CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES OF WORKSHOP MEETING SEPTEMBER 12,2000 Call to Order: PRESENT: Curtis Sanders, Chairman Tami Deitchman Richard Mann Karl W. Grunewald Robert Etheridge James Pelkey AND: Suzanne Green, Prosecuting Attorney Alex Sherrer, Code Enforcement Officer Linda P. Kilis, Secretary Robert Mesquite, Animal Control Officer ABSENT: E.T. Fernandez, III Alan Jensen, City Attorney ill1. Re: Expiring Terms of Board Members Pelkey and Etheridge: Chairman Sanders announced that James Pelkey has agreed to serve on the Code Enforcement Board for another three years, and Robert Etheridge, due to his extensive travels, will not be serving another term on the Board. Chairman Sanders advised that Tideviews will publicize the vacancy and ask for volunteers. Also, if anyone on the Board knows of anyone who would like to serve, have them fill out an information form and turn it in to Maureen King,the City Clerk. He stated that the Mayor was alerted to this awhile ago. Chairman Sanders thinks it would be nice if we could get a qualified member of the Board from West of Mayport Road, but someone who would contribute to the Board and not just sit on the Board and not say a word. He wants someone on the Board who has a feel for the community. 2. Re: Alternate Board Members: Discussion: Florida Statutes authorizes the Code Enforcement Board to appoint alternate members. We have never had an occasion in two years that we didn't have a quorum (4 out of 7). It would be nice to have alternates who could step in when someone cannot attend a meeting. Board Member Grunewald asked if any other communities use alternates. Chairman Sanders stated that he would check with other communities to see if they use alternates. • • 3. Re: Animal Control Citations: Discussion of the existing animal control ordinance pertaining to enforcement procedures ensued. Chairman Sanders stated that Bob Hamilton, attorney for Orlando for 20 years, who spoke on enforcement procedures at F.A.C.E. seminars, asked how many Code Enforcement officers utilized the court system when citations were issued, and at least one-third raised their hands. Under what condition to you issue citation to go before the court? Case by case basis? Code Enforcement Official Sherrer stated that he went through the existing violations that have not been paid and there is a total owing of$2,785.00. Further discussion regarding the court system being burdened with animal control cases, and many times if animal control officer was not notified of hearing by court, the judge would throw the case out. Robert Mesquite, Animal Control Officer for Atlantic Beach, reported that Chief Thompson has made some calls, and that now the court does notify him when a case from Atlantic Beach is going before the court and he appears when notified. Attorney Green advised that she cannot advise the Board in this matter, but explained that 411 she could share what she did as a prosecutor. Chairman Sanders advised that he has discussed the animal control citations with the Mayor, and the Mayor is concerned about the citations that Robert has written and nothing happens on them. Mayor Meserve would like to know what the Board would recommend to the Commission. Board Member Grunewald explained the procedure that Robert goes through, and how much time and paper work goes into these cases. He would like to see the procedure set up where Robert issues the citation and if they don't pay it,they go to court. He doesn't think it should be in Code Enforcement at all. It belongs with Animal Control and the police department. Chairman Sanders stated that we recommend to the Commission that they follow F.S. 162.21, Part II, that authorizes them to go to the Court. (Attorney Green was excused from the meeting.) Board Member Grunewald stated that the only thing would be if somebody had three citations and you want to bring them before the Board, require mandatory appearance and the Board could then set the fine. He thinks everything else concerning the matter, all the paper work, etc., is a waste of time. Board Member Deitchman questioned the procedures, and after further discussion, stated that maybe they should go before the court instead of the Code Enforcement Board. Code Enforcement Official Sherrer passed out copies of form citations used by other cities to the Board Members. Board Member Grunewald suggested that the Board look into what Jacksonville is doing so a recommendation can be made to the Commission. He suggested that he and Board Member Sanders visit Neptune Beach and Jacksonville Beach to find out exactly what they do, • 2 0 then make a recommendation to the Board, and then the Board can made the recommendation to the Commission. Chairman Sanders agreed. Animal Control Officer Mesquite asked that they talk to the Animal Control officers themselves since the commissioners' ideas may not necessarily be what it looks like on the—get the facts. This was agreeable with the Board, and Mr. Mesquite was excused. 4. OTHER: Code Enforcement Official Sherrer presented a sheet to the Board Members explaining exactly what he has been doing since becoming the Code Enforcement Officer. Chairman Sanders asked him about his past experience, and he explained that he has 28 years military service with the U.S. Coast Guard. Code Enforcement Official Sherrer reported on response from corporation that owns the old Pic-n-Sav property (semi trucks parking in lot, & upkeep of property & building), and is waiting on an opinion from Attorney Jensen. Chairman Sanders requested the Code Enforcement Official Sherrer provide information on fines and administrative fees that are outstanding. Chairman Sanders stated that the City had • previously used a collection agency, and Board Member Grunewald advised that was not correct --that the City has never used a collection agency. ADJOURNMENT There being no further discussion or business to come before the Board, the Workshop Meeting adjourned at 8:35 P.M. Curtis Sanders, Chairman Attest: Code Enforcement Board Linda P. Kilis Secretary • 3 idocIA/A.tot qii7.100 • MINUTES OF MEETING OF THE • COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA July 18, 2000 7:00 P.M. CITY HALL PRESENT • Don Wolfson Robert Frohwein Mary Walker Craig Burkhart Sam Jacobson AND • George Worley, II, CD Director Alan Jensen, Esquire Pat Harris • ABSENT • Sharette Simpkins Pat Pillmore Chairman Don Wolfson called the meeting to order and asked for approval of the minutes from the meeting of May 16, 2000. On motion made and seconded the minutes were approved. I. Application for Variance filed by Emily C. Pierce for J. Malcolm Jones to allow an existing fence with heights from 8 to 11 feet at property located at 161 Beach Avenue. Ms. Pierce introduced herself and presented to each member a pamphlet summarizing the applicant's request with photographs of the subject property. She added that he purchased the property in 1972 and was issued a permit for a 6-foot fence. She stated that the applicant's hardship relates to the height and bulk of the adjoining buildings. Responding to a question from Mr. Wolfson, Ms. Pierce stated that the applicant knowingly constructed the fence higher that the required and permitted six feet in height. Peter Coalson introduced himself to the board and indicated he is a building contractor and is available to assist the applicant with any requirements by the city regarding the fence. Responding to the chairman's request, Mr. Worley explained that the height and • bulk of adjacent buildings had not been a determining factor in previous fence height variance requests. He added that in his opinion, because the improvements on the adjacent property that lie closest to the owner's property are in conformance with code requirements,the fact that the adjacent property, in total, is nonconforming does not create • • a hardship to justify the granting of a variance and therefore his recommendation of denial stands. The consensus of the board was that no hardship exists and each member cited reasons why they opposed granting the variance. After discussion, Mrs.Walker moved to deny the variance request and Mr. Frohwein seconded the motion. After further discussion, the board voted unanimously to deny the variance. II. Application for Use-by-Exception filed by Atillio and Cathy Cerqueira to allow for storage of boats and recreation vehicles at property known as Lots 1 through 7, Block 32, Section H. Mr. Cerqueira introduced himself and stated that he desires to construct a sheltered area for storage of RV's and boats. He stated that the flyover that is being constructed will limit his ability to lease the property for retail usage. Mr. Worley stated that the request is unusual. He stated that the property abuts residential neighborhood to the west, however, across the street to the south JTA will build a retention pond and this property will be impacted. He stated that the applicant has been diligent in complying with prior variances granted on other properties. He added that the problem he sees is the large vehicle parking lot requiring much more maintenance than an occupied building, but conditions imposed by the board would help mitigate any adverse impact. Mr. Wolfson voiced concerns with the physical appearance of an open structure and signage at the site. He requested that the east and west ends be enclosed. He also questioned the sizes of the individual spaces and turn around room. Each member expressed to the applicant that more information was needed for them to make a recommendation to the City Commission and requested a clearer conception as to landscaping, buffering, ingress and egress, setbacks, building elevations, water retention, signs, lighting, and size and location of the structure on the property. The applicant stated that he is faced with a hardship and is asking for the use-by- exception because of the hardship. He stated that he has a right to put a building on the property. He added that he would have to comply with all of the city's requirements prior to the issuance of a building permit. • After discussion, Mr. Burkhart moved to defer the application until the next meeting. Mr. Frohwein seconded the motion and it passed unanimously. Mr. Worley reminded the board of the workshop meeting with the City Commissioners scheduled for Monday, July 24, 2000 at 5:00 p.m. • There being no further business to come before the board on motion made the meetin was ad'oumed: — - SIGNED Y , ��6Q1�_ - ATTEST(. 7� � /9/ 11) • •