07-02-96~+, CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD R1INUTES
JULY 2, 1996
Call to order: PRESENT: Edward Martin, Chairman
Heywood Dowling, Jr.
Kathleen Russell
Ken Rogosheske
Theo Mitchelson
Richard S. Mann
Lou Etta Waters
AND: Suzanne Green, Prosecuting Attorney
Alan Jensen, Legal Counsel
Karl Grunewald, Code Enforcement Officer
Julie M. Brandt, Secretary
Approval of Minutes of May 7,1996
~'` A motion was made by Kathleen Russell, seconded by Richard iVfann and unanimously
carried to approve the Minutes of the Regular Board Meeting held May 7,1996, with the
following correction: Add Board Member Kathleen Russell's name to the list of members
present at the meeting.
2. Recognition of Visitors and Guests regarding any matters that are not listed on the
agenda.
No one wished to speak.
3. Old Business:
Case No. 0111 -Shirley M. Murphy - 434 Skate Road
Code Enforcement Officer Grunewald reported Ms. Murphy obeyed the Board's Order of
Compliance with FL SS 767.12 and has kept the dog locked up.
Case No. 0107 -Sarah and ChaHes Bratcher -property lying between V1'est 9th Street and
West 10th Street
It was reported that as directed by the Board, the Bratchers complied with the first part of the
f^
~ Minutes Page -2-
Code Enforcement Board
July 2, 1996
the order by June 7, 1996. The boat remains on the property at this time and may remain until
November 15, 1996.
Case No. 0108 - Robert J. Stewart - 348 Church Street
Code Enforcement Officer Grunewald reported that Mr. Stewart had been denied garbage pick
up by the City under the conditions it was placed out, but that it is now in proper containers and is
being picked up by the City. It was further reported that a good portion of his yard has been
cleaned and that the City is working with Mr. Stewart concerning the remaining items in order to
bring tfie property into compliance.
Case No. 0110 -David and Susan Lewis - 1447 Mayport Road
It was reported that said property has been repaired and painted in the time directed by the Board
and is now in compliance.
Case No. 0112 -Wayne Weinaug - 850 Amberjack Lane
Mr. Grunewald reported that Mr. Weinaug has agreed to demolish the illegal structure and hire a
contractor to complete an aluminum screen enclosure to replace what he had illegally constructed.
It was further reported that the proper permits will be obtained.
The Board accepted Mr. Grunewald's report.
4. NEW BUSINESS:
Mr. Martin read case hearing procedures for the following cases: 4629-Willie Knight, 4473-
Charles Bullock, 4576-Sean Phinney, and 4362-Robert Lang, Jr; and all witnesses were sworn in.
Prosecuting Attorney Green stated that Case 4670 had been removed from the calendar.
Case No. 4629 -Willie Knight - 790 Sailfish Drive. The owner of the property is in violation
of the Standard Plumbing Code Sections 601.2 and 604.3 and Chapter 22, Sections 22-41 and 22-
29, Failure to Pay Past Due Bill of the Code of the City of Atlantic Beach in that there exists on
the premises located at ?90 Sailfish Drive the following condition(s): failure to be connected to
an approved water system and failure to pay past due water bills.
Prosecuting Attorney Green read the charges against Mr. Knight and indicated the property had
~ not been brought into compliance.
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CodeEnforcement Board
July 2, 1996
Mr. Martin asked if Mr. Knight was present. Mr. Grunewald reported that he was not present
and refused the certified letter containing his subpoena.
Mr. Grunewald reported that Mr. Knight had been cited for the same violations in 1993, and in
March of this year Mr. Knight's water meter had been locked for failure to pay his water bill.
Since that time, Jeff Davis the tenant at 790 Sailfish, has been using well water and showed Mr.
Grunewald the cross-connection. On May 23, 1996, Mr. Davis was sent a letter stating that he
owed $218 in past due water bills, however, now the amount has grown to $274.
Mr. Martin questioned the amount of the water bill and Mr. Grunewald stated that he was still
receiving a minimum bill each month for sewer chazges and garbage service. Mr, Dowling asked
for a definition of across-connection. Mr. Grunewald explained the term in detail and how it
could potentially affect the water supply system.
Some discussion ensued concerning what could be done to have the premises vacated and
whether the Southern Standard Building Code or the Health Department provided means to do
so. Mr. Grunewald stated that the SSBC allowed the City to issue an order to vacate the
~ premises.
A motion was made by Theo Mitchelson, aeconded by Ken Rogosheski and carried by a siz
to one vote with Mr. Martin voting nay to find Mr. Knight to be a repeat violator of the
Standard Plumbing Code Sections 601.2 and 104.3 and Chapter 22, Sections 2241 and 22-
29 of the City Code and levy a one-time fine of 5500 against said property to be paid
within thirty days.
Mr. Martin stated that he preferred a per day fine and read from the Florida Statutes concerning
the Board's power to bring the property into compliance.
After some further discussion concerning the hazards ofallowing across-connection to continue,
a motion was made by Heywood Dowling, seconded by Theo li~fitchelson and unanimously
carried directing the water meter be removed on July 3,1996.
Case No. 4473 -Charles Bullock -120 Camelia Street. The owner of the property is in
violation of Chapter 24, Section 24-163-2 of the Code of the City of Atlantic Beach in that there
exists on the premises located at 120 Camelia Street the following condition(s): storing a boat in
front of front yard setback line -boat license #FL 3428 AJ.
Prosecuting Attorney Green read the charges against Mr. Bullock and stated the property had not
been brought into compliance.
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CodeEnforcement Board
July 2, 1496
Mr. Grunewald stated that storing boats and cars in front of the front yard setback line has been
an on-going problem at this location.
Mr. Bullock indicated that he had begun to move the boat in question to his rear yard but the
trailer fire went flat in the process and he would not be able to get it fixed until the following day.
He further stated that the boat would be removed by 4:00 PM, Tuesday, Jufy 3, 19bb.
A motion was made 6y Ed Martin, seconded by Ileywood Dowling and unanimously
carried to find ivir. Bullock in violation of Chapter 24, Section 24-163-2 of the Code, and to
withhold any fine because the boat will be moved by 4:00 PM, Tuesday, July 3,1996.
Case No. 4576 -Sean L. Phinney - 385 East Coast Drive. The owner of the property is in
violation of Chapter 24, Section 24-65-C Permit Required and Chapter 19, Section 19-1
Obstructing Right-of--Way of the Code of the City of Atlantic Beach in that there exists on the
premises located at 385 East Coast Drive the following condition(s): permit required for a fence
and obstruction ofright-of--way by placing a fence on the right-oFway.
~'1 Prosecuting Attorney Green read the charges and indicated the property had not been brought
into compliance.
Mr. Grunewald passed out photographs and stated that Mr. Phinney was notified on May 9, 1996
of the violations. It was further reported that Mr. Phinney had applied for a permit but was
turned down because the fence was constructed on city right-of--way on the Fourth Street side of
the property. The fence needs to be moved back 5.5' on the front side of the house and 2' on the
Fourth Street side of the property.
Mr. Phinney stated that he did not know a fence permit was required and he had constructed the
wooden fence in the same place the chain link fence was located when they bought the house. He
further stated that he had no complaints from his neighbors and he believed the 3' high fence in
front of the house did not obstruct anyone's view.
Heywood Dowling questioned who installed the fence and Mr. Phinney stated that he did the
work himself. After some further discussion of the aesthetics of the wooden fence, and the
ordinance requirements, Mr. Phinney agreed to obtain the required permit and move the fence
from city right-of--way.
A motion was made by Theo Mitchelson, seconded by Lou Etta Waters and unanimously
carried to find iilr. Phinney in violation of Chapter 24, Section 24-65-C and Chapter 19,
Section 19-1 of the Code, no fine was imposed and Mr. Phinney was given 10 days to obtain
f^ a fence permit and move the ezisting fence from the city right-of--way.
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Code Enforcement Board
July 2, 1996
Case No. 4362 -Robert Lang, Jr. - 2142 Fairway Villas Lane. The owner of the property is in
violation of Chapter 12, Section 12-1-3 of the Code ofthe City ofAtlantic Beach in that there
exists on the premises located at 2142 Fairway Villas Lane the following condition(s): high
weeds and grass, outside storage of bikes and miscellaneous trash -bottles, cans, paper and
other items in front of the house.
Suzanne Green reported that the property had not been brought into compliance.
Code Enforcement Oll'icial Grunewald reported that the Mr. Lang, who lives in Lake Mary,
Florida, had refused delivery of the certified letter containing the Notice of Hearing and
subpoena. It was also reported that the tenant, Janet McCallum, who lived at 2142 Fairway
Villas Lane had moved out.
After some discussion, it was the consensus of the Board to have Mr. Lang cited to appear at the
September 10, 1996 Code Enforcement Board Meeting.
5. REQUEST FOR LIEN ACTION:
None
6. BOARD MEMBER COMMENTS:
Mrs. Waters commended Mr, Grunewald for the good job he is doing for the City of Atlantic
Beach considering the growth the city has experienced over the past few years.
There being no further business or discussion, the Chairman adjourned the meeting at 8:23 PM.
G.E. h4artin, Chairm n
Code Enforcement Board
Attest:
J~e M. Brandt, Secretary