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03-05-96~i ;, ., r CITY OF ATLANTIC BSACH CODE ENFORCffi~tENT BOARD AGHNDA 7;30 P. M., MARCH 5, 1996 n Call to order Pledge to the Flag Roll Call 1. Approval of the minutes of the regular meeting of January 9, 1996 and the special meeting of January 30, 1996. 2. Recognition of Visitors and Guests regarding any matters that are not listed on agenda. 3,, Odd Sv~in ss• Code Enforcement Officer will report on the following case: Case No. 0097 - Billy M. Arzie - owner of property located at 770 East Coast Drive, in violation of Florida State Statute 767 and Section 4.28 of the Code -(The Board found Billy M. Arzie, 770 East Coast Drive, Atlantic Beach, to be in violation of Section 4-28 of the Atlantic Beach Code and Florida State Statute 767.12, and Mr. Arzie's dog, a black male lab named JR was found to be vicious and dangerous. The Board voted that Mr. Arzie must conform to Florida State Statute 767.12, and that a final solution to the problem must be resolved at the end of 30 days, by February 8, 1995, or a fine of $250 per day would be implemented.) Case No. 0100 - Willie E. Davie - owner of property located at 60 Dudley Street - in violation of Sections 22-74, 22-90, and 22-71 - (Willie E. Davis was found to be in violation of the Code in that his septic system was not functioning at one time. The Board voted to allow Mr. Davis to have a licensed septic tank company certify that the system was operational; certification to be completed by January 30, 1996. If it was found that the system was not operational, Mr. Davis was required to apply to the City of Atlantic Beach to connect to the public sewer by February 15, 1996. if Mr. Davis did not make application by February 15, 1996 a $250.00 per day fine will be levied against the property). Case No. 0102 - Jule Champ Kaufmann, owner of American Pit Bull dogs: KAYA, male and KIRRA, female, in violation of Florida State Statute 767 and Section 4.28 of the Code - (Jule Champ Kaufmann, 809 11th St. S., Jacksonville Beach, was found to be in violation of Section 4-28 of the Atlantic Beach Code and Florida State Statute 767.12, and Mr. Champ's dog, a male American Pit Bulldog ~- Page 2, March 5, 1996 Code Enforcement Board Agenda named Kaya was found to be vicious and dangerous pursuant to Section 4-28 of the Atlantic Beach Code and Florida State Statute 767.12.) 4_ N w Bain ss• case No_ 0106 - Wadi B kkar - owner of property located at 31 Royal Palms Drive - in violation of National Fire Protection Association 58, Section 3.2.4.1(c), and Standard Building Code, S@CtiOriS NAT70NAT. FT~R PROTEC'PTON ASSOCTATTON 58 SBCTTON 3 _ - .4 . ~ ( ) . ND STANDARD B n T1TNC+ CODE. CHAP'1'RR 7 _ SECTTON ~ OZ _ 8 _ 4 AND 103.8.6 in violation of the following: (1) WHERE PHYSICAL DAMAGE TO LP GAS CONTAINERS OR SYSTEMS, OF WHICH THEY ARE A PART, FROM VEHICLES IS A POSSIBILITY, PRECAUTIONS SHALL BE TAKEN AGAINST SUCH DAMAGE. EXAMPLE: INSTALLATION OF CONCRETE FILLED PIPE TO PREVENT SUCH POSSIBLE DAMAGE; THIS PROTECTION IS NORMALLY PROVIDED BY YOUR GAS SUPPLIER; (2) FAILURE TO REQUEST A FINAL INSPECTION. owner of property located at Lot 8, Ocean Breeze, in violation of Chapter 24, Section 82 and 151 - in violation of the following condition(s): THE INSTALLATION OF AN OFF-SITE SATELLITE DISH IS NOT PERMITTED BY ATLANTIC BEACH CODE ~` CHAPTER 24, SECTIONS 62 AND 151. THE DISH IS CONSIDERED AN ACCESSORY STRUCTURE ONLY TO THE PRINCIPAL STRUCTURE WHICH DOES NOT EXIST ON LOT 8. Case No_ 0103 - Names Bm;th - owner of property located at 85 Edgar Street, in violation of Section 12-1-7; in violation of the following condition(s): OPEN STORAGE OF BUILDING MATERIAL, PIPES, TIRES, ABANDONED VEHICLES, MISCELLANEOUS TRASH AND DEBRIS ON THE FRONT, SIDES, AND REAR YARD TO ROBERT STREET. Case No_ 0104 - Harry L_ Caine - Owner of property located at 449 Mako Drive, in violation of Section 12-1-3; in violation of the following condition(s): Miscellaneous items scattered around the yard, area inside and outside of fence is littered with small pieces of paper and other debris. r CITY OF ATLANTIC BEACIi CODE ENFORCEI•fENT BOARD TIINUTES iv1ARCIi 5, 1996 Call to order: PRESENT: Edward Martin, Chairman Heywood Dowling, Jr. Ken Rogosheske Richard S. Mann Lou Etta Waters AND: Alan Jensen, Legal Counsel Karl Grunewald, Code Enf: Oll'icer Trudy Lopanik, Secretary ABSENT: Kathleen Russell (excused) Theo Mitchelson (excused) Suzanne Green Prosecuting Attorney (excused) The meeting was called to order by Chairman Ed Martin, followed by the Pledge to the Flag. 1. Approval of the minutes of the recular meeting of January 9. 1996 and the special meetin¢ of January 30. 1996. A motion was made, seconded, and passed to approved the minutes of January 9, 1996 and January 30, 1996. 2. Reco¢nition of Visitors and Guests re~ardin¢ any matters that are not listed on a¢enda. No one wished to speak. 3. Old Business• The Code Enforcement Officer reported on the following cases: Case No. 0097 -Billy M. Artie - owner of property located at 770 East Coast Drivq in violation of Florida State Statute 767 and Section 4.28 of the Code-(The Board found Billy M. Artie, 770 East Coast Drive, Atlantic Beach, to be in violation of Section 4-28 of the Atlamic Beach Code and Florida State Statute 767.12, and Mr. ArLe's dog, a black male lab named JR was found to be vicious and dangerous. The IIoazd voted that Mr. Arzie must conform to Florida State Statute 767.12, and that a final solution to the problem must be resolved at the end of 30 days, by February 8, 1995, or a fine of $250 per day would be implemented.) Mr. Grunewald reported Mr. Artie was in compliance with Florida State Statute pursuant to the satisfaction of the Code Enforcement Officer and the Animal Control Officer. Minutes, Page 2 Code Enforcement Board Mazch 5, 1996 Case No. 0100 -Willie E. Davis - owner of property located at 60 Dudley Street - in violation of Sections 22-74, 22-90, and 22-71- (Willie E. Davis was found to be in violation of the Code in that his septic system was not functioning at one time. (The Boazd voted to allow Mr. Davis to have a licensed septic tank company certify that the system was operational; certification to be completed by January 30, I996. if it was found that the system was not operational, Mr. Davis was required to apply to the City of Atlantic Beach to connect to the public sewer by February 15, 1996. If Mr. Davis did not make application by Febn~azy 15, 1996 a $250.00 per day fine will be levied against the property). Mr. Grunewald reported Mr. Davis had entered into an agreement with the city to connect to the city sewer system and was in compliance with the code. Case No. 0102 -Jule Champ Kaufmazur, owner ofAmerican Pit Bull dogs: KAYA, male and KIItRA, female, in violation of Florida State Statute 767 and Section 4.28 of the Code - (Jule Champ Kaufinann, 80911th St. S., Jacksonville Beach, was found to be in violation of Section 4-28 of the Atlantic IIeach Code and Florida State Statute 767.12, and Mr. Champ's dog, a male American Pit Bulldog Page 2, March 5, 1996 named Kaya was found to be vicious and dangerous pursuant to Section 4-28 of the Atlantic Beach Code and Florida State Statute 767.12.) Mr. Grunewald reported Mr. Kaufmann had appealed the action of the board through County Court of Duval ~ County. 4. New Business: Case No. 0106 - Wadie Bakker - owner of property located at 31 Roya! Palms Drive - in violation of National Fire Protection Association 58, Section 3.2.4.1(c), and Standard Building Code, Secxions NATIONAL. FIRE PROTECTION ASSOCIATION 58. SECTION 3.2.4.10. AND STANDARD BUILDING CODE. CHAPTER 1. SECTION 103.8.4 AND 103.8.6 : in violation of the following: (1) WHERE PHYSICAL DAMAGE TO LP GAS CONTAINERS OR SYSTEMS, OF WHICH THIsY ARE A PART, FROM VEHICLES IS A POSSIBILITY, PRECAUTIONS SHALL BE TAKEN AGAINST SUCK DAMAGE. EXAMPLE: INSTALLATION OF CONCRETE FILLED PIPE TO PREVENT SUCH POSSIBLE DAMAGE; THIS PROTECTION IS NORMALLY PROVIDED BY YOUR GAS SUPPLIER; (2) FAILURE TO REQUEST A FINAL INSPECTION. Mr. Gnnrewald reported Mr. Bakker was in compliance with the National Fire ordinance but that he was not in compliance with the Standard Building Code and Mr. Grunewald asked Don Ford to speak to the violations. Mr. Ford summarized the outstanding violations, and passed out photographs. Mr. Bakker explained he had spend a lazge sum of money to renovate the premises and that the violations that occurred were incurred by the tenant. He indicated it was his desire to correct the violations. ~ A motion was made, seconded, and passed to find Wadie Bakker to be in violation of the ~ Minutes, Page 3 Code Enforcement Board March 5, 1996 National Fire Protection Association 58, Section 3.2.4.1(c), but because the property had been brought into compliance no fine was levied. With reference to the Standard Building Code, Chapter 1, Section 103.8.4 and 103.8.6, the Board voted to allow Mr. Bakkar to meet with Don Ford, Budding Official, and proceed in an orderly manner to correct violations. If violations are not totally and completely cleared up to the satisfaction of the Building Official within 45 days, by Apri119,1996, a fine of $250.00 per day will be levied against the property, beginning the Apri120, 1996. I\ir. Bakkar was instructed to meet with Don Ford Thursday,lltarch 7, 1996, 9:00 a.m. at the Atlantic Beach City Ilall. Case No. 0105 -Donald T. Moses - owner of property located at Lot 8, Ocean Breeze, in violation of Chapter 24, Section 82 and 151 - in violation of the following condition(s): THE INSTALLATION OF AN OFF-SITE SATELLITE DISH IS NOT PERMITTED BY ATLANTIC BEACH CODE CHAPTER 24, SECTIONS 82 AND 151. THE DISH IS CONSIDERED AN ACCESSORY STRUCTURE ONLY TO THE PRINCIPAL STRUCTURE WIIICH DOES NOT EXIST ON LOT 8. Mr. Grunewald explained a certified notice to appear as well as a summons had been sent to Mr. Moses via certified mail, but that neither the green card nor the returned letter had been returned to ~ the city. Alan Jensen explained that since there was no actual proof that Mr. Moses had received the notice to appear, that it would not be poss,'ble to speak to the matter. It was decided to hear this case at the end of the meeting to give time for Mr. Moses to appear. Case No. 0103 -James Smith -owner of property located at 85 Edgar Street, in violation of Section 12-1-7; in violation of the following condition(s): OPEN STORAGE OF BUILDING MATERIAL, PIPES, TIRES, ABANDONED VEHICLES, MISCELLANEOUS TRASH AND DEBRIS ON THE FRONT, SIDES, AND REAR YARD TO ROBERT STREET. Mr. Grunewald reported the major portion of violations had been cleared up. Mr. Smith indicated he felt he would be able to clear the remaining violations within 15 days time. A motion was made, seconded, and passed, to find James Smith to be in violation of Section 12.1-7 of the Code. Mr. Smith was given 15 days to bring the property into compliance to the satisfaction of the Code Enforcement Inspector. If the property, at the end of 15 days from the date of this notice, has not been brought into compliance a fine of $50.00 per day will be levied against the property until it is brought into compliance. If Mr. Smith is cited again for the same violation a fine of $50.00 per day will be levied against the property from the day the property is found to be in non-compliance until the property is brought into compliance to the satisfaction of the Code Enforcement Inspector. Minutes, Page 4 Code Enforcement Board March 5, 1996 Case No. 0104 - Harrv L. Caine - owner of property located at 449 Mako Drive, in violation of Section 12-1-3; in violation of the following condition(s): Miscellaneous items scattered around the yard, area inside and outside of fence is littered with small pieces of paper and other debris. Mr. Grunewald explained Mr. Caine's property was in compliance. A motion was made, seconded, and passed to find Harry L Caine to be in violation of Section 12-1-3 of the Code. No fine was levied against the property because the property had been brought into compliance. [f the property is found to be in non-compliance of Section 12-1-3 in the future a fine of $50.00 will be levied against the property from the day the property is fouad to be in non-compliance until compliance is reached to the satisfaction of the Code Enforcement Officer Donald Moses -Case No. 0105 Donald Moses did not appear at the meeting. It was decided to call a special meeting to be held Thursday, March 14, 1996, 7:30 p. m. at which time the case would be heard, and to deliver the ~ notice to appear and summons to Mr. Moses via the Duval County Sheriffs Office, and to also deliver to the home of Mr. Moses in Atlantic Beach. 5. Reuuest for Lien Action: lY4IIf ¢, Board Members comments: 7. Adjournment Since there was no further business the Chairman adjourned the meeting at 9:00 p. m. G. E. Martin, Chairman Code Enforcement Board ATTEST: Trudy Lopanik, Secretary