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.
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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.
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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
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• 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.
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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.
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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
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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.
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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.
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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,
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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
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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
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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.
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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)
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