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05-02-00 v • CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P.M., May 2, 2000 Call to order Pledge of Allegiance to the Flag Roll Call 1. Approval of the Minutes of the Regular Meeting held March 7, 2000. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda 3. UNFINISHED BUSINESS: A. Case No. 99-8774 - Mervyn & Theresa Russell, 1405 Main Street (RE#171076- 0000). The owners of the property are in violation of the following sections of Chapter 23, Section 23 - 17(b)(I), Removal of trees without a permit; and Chapter 23, Section 23 - 17 (g)(3) a & b, Failure to pay mitigation. • The reduced Tree Board fine of$3,000.00, plus the administrative charges of$94.84 assessed by the Code Enforcement Board were paid by Mervyn & Theresa Russell on April 17, 2000. This case is now closed. B. Case No. 2000 - 8844 - Beatrice M. Hartman, 582 Aquatic Dr. (RE#171818-5194). The owner of the property is in violation of Chapter 4, Section 24 & Chapter 24, Section 27, Animal Control Citations #00291 & 00292. Two citations were issued, and each is a third offense. The administrative charges of$114.16 assessed to Beatrice M. Hartman have not been paid. C. Case No. 99-8555 - Ralph Spight,665 Sailfish Dr. (RE#171225-0000). The owner of the property is in violation of Chapter 4, Section 4-39(b) of the Code for failure to pay an Animal ControlCitation. Ralph Spight has failed to pay the fine of$50.00, or the administrative costs of$73.25, totaling S123.25 assessed to him. Code Enforcement Officer Grunewald requested the police department to hand deliver a notice of sums due to Ralph Spight, and he was served with this notice on April 16, 2000. • 1 , III 4. NEW BUSINESS: A. 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. B. 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. C. Case No. 00-8840 - Christopher Allen,49 Ardella Road (RE#172059-0000). The owner of the property is in violation of Chapter 24, Section 24-65 (c),No Permit, and Chapter 24, Section 24-157 (a), Violation of set back and height requirements. D. Case No. 00-8968 -Tony I. Germer, 94 West 13th Street (RE#170805-0070). The owner of the property is in violation of Chapter 12, Section 12-1-7,Abandoned vehicles being stored on property. • E. 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. F. 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. 4. REQUEST FOR LIEN ACTION: Name Address Amount of Lien NONE 6. BOARD MEMBER COMMENTS: A. Code Enforcement Board Officer Karl W. Grunewald was appointed by the City Commission on March 27, 2000, to fill the unexpired term of Ken Rogosheske on the Code Enforcement Board, effective May 15, 2000. 7. ADJOURNMENT • 2 r • CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES MAY 2, 2000 Call to order: PRESENT: Ken Rogosheske, Chairman Curtis Sanders Tami Deitchman Richard Mann E.T. Fernandez, III Robert Etheridge James Pelkey AND: Suzanne Green, Prosecuting Attorney Alan Jensen, City Attorney Karl W. Grunewald, Code Enforcement Officer Linda P. Kilis, Secretary The meeting was called to order at 7:30 p.m. by Chairman Ken Rogosheske, followed by the Pledge of Allegiance to the Flag. 0 1. Approval of Minutes of the Regular Meeting of March 7, 2000. 2. Upon Chairman Rogosheske's request, the Secretary read the roll, finding that Board Member James Pelkey was absent. 3. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda. Denise Helms of the Public Works Department was present and introduced by Code Enforcement Officer Grunewald. She advised the Board that she is the cross-connection administrator for the City of Atlantic Beach. She has to make sure that everyone is in compliance, and if not, she may be bringing cases before the Board in that regard. 4. UNFINISHED BUSINESS: Code Enforcement Official Grunewald presented brief follow-up reports on the following cases: A. Case No. 99-8774 - Mervyn & Theresa Russell, 1405 Main Street. The owners of the property are in violation of the following sections of Chapter 23, Section 23 - 17(b)(I), Removal of trees without a permit; and Chapter 23, Section 23 - 17(g)(3) a& B, Failure to pay mitigation. 0 Code Enforcement Official Grunewald advised the Board that the Russells have paid the • • reduced Tree Board fine of$3,000.00, plus the administrative charges of$94.84, and this case is closed. B. Case No. 2000 - 8844 - Beatrice M. Hartman, 582 Aquatic Drive. The owner of the property is in violation of Chapter 4, Section 24 & Chapter 24, Section 27, Animal Control Citations#00291 & 00292. Two citations were issued, and each is a third offense. Code Enforcement Official Grunewald advised the Board that Ms. Hartman has not paid the administrative charges of$114.16 assessed to her, and no further action needs to be taken at this time. C. Case No. 99-8555 - Ralph Spight,665 Sailfish Dr. (RE#171225-0000). The owner of the property is in violation of Chapter 4, Section 4-39(b) of the Code for failure to pay an Animal ControlCitation. Code Enforcement Official Grunewald advised the Board that Ralph Spight has not paid the fine of$50.00 or the administrative costs of$73.25, totaling $123.25 assessed to him, and no further action needs to be taken at this time. 5. NEW BUSINESS: • Chairman Rogosheske then read the case numbers and names of persons being brought before the Code Enforcement Board. The Chairman then read the conduct of the meeting, asked all witnesses to stand, raise their right hands, and they were sworn in. Board Member Pelkey arrived at this time. Prosecuting Attorney Suzanne Green asked the Board to entertain first the two cases in which the individuals have attorneys representing them, i.e., Case No. 00-8840 Christopher Allen, and Case No. 00-8985 J. Malcolm Jones. C. Case No. 00-8840 - Christopher Allen,49 Ardella Road (RE#172059-0000). The owner of the property is in violation of Chapter 24, Section 24-65 (c),No Permit, and Chapter 24, Section 24-157 (a), Violation of set back and height requirements. Attorney Robert B. Persons, Jr. appeared on behalf of Christopher Allen who was present, as well as a witness, Mr. Moss. Christopher Allen was found to be in violation of Chapter 24, Section 24-157- (a) of the Code, for violation of set back. Prior to the Code Enforcement Board meeting, the fence was cut to four feet, and it was reported that the property is now in compliance. The Board assessed Mr. Allen administrative costs of • 2 ,. • $80.59 which may be included in a lien authorized under Sec. 162 . 09 (3) if not paid within 30 days. Additionally, the Board found that if Mr. Allen is found to be in violation of this Code again, it will be a repeat violation and the fine will be $500 .00 per day from the date he is first notified by the Code Enforcement Officer until the property is brought into compliance to the satisfaction of the Code Enforcement Officer. F. 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. J. Malcolm Jones was found to be in violation of Chapter 24, Section 24-157- (a) of the Code, for violation of height limitations for fences. The Board granted the request of counsel, Emily G. Pierce, Esq. , allowing sixty (60) days for her client to apply to the Community Development Board for a variance regarding the fence. If the variance is not granted, Mr. Jones will have ten (10) days to lower the fence to meet code requirements. Further, the Board assessed Mr. Jones administrative costs of III $178 .34 which may be included in a lien authorized under Sec. 162 .09 (3) if not paid within 30 days. A. 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. Robert Stewart was present. Upon Mr. Stewart advising the Board that the cars have been removed from the property, and that he tries to comply, but doesn' t understand why he has to move the lawn mower and things that he works with, the Board agreed not to rule on this matter at this time, allow Mr. Stewart to clean up the property by May 15, 2000, at which time the new Code Enforcement Officer will check on the property and inform the Board at the next meeting on July 11, 2000, as to whether or not Mr. Stewart is in compliance with code. IIII 3 • B. 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. Hattie Tillman did not appear as subpoenaed, nor did the witness, Rita Jackson. The Code Enforcement Board found Hattie Tillman to be in violation of Chapter 12, Section 12-1-7, of the Code, abandoned vehicles, and accepted the recommendation of the Code Enforcement Officer as follows: Hattie Tillman or Rita Jackson are given five days to bring the property into compliance, and at the end of that time, the Board may fine the owner of the property $25 . 00 per day until the vehicles are brought into compliance or removed. Any future violation will be a repeat violation and a fine of up to $500 .00 per day shall be levied from the first day it is noticed by the Code Enforcement Officer, and an appearance before the Board will be mandatory. In addition, the Board assessed Ms. Tillman administrative costs of $63 .59 which may be included in a lien authorized under Sec. 162 . 09 (3) if not paid within 30 days. • D. Case No. 00-8968 -Tony I. Germer, 94 West 13th Street(RE#170805-0070). The owner of the property is in violation of Chapter 12, Section 12-1-7, Abandoned vehicles being stored on property. Tony Germer did not appear as subpoenaed. Upon being advised that the property is in compliance, the Code Enforcement Board found Tony Germer to be in violation of Chapter 12, Section 12-1-7, of the Code, abandoned vehicles, and upon recommendation of the Code Enforcement Officer, waived the fine and administrative costs. E. 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. No one appeared on behalf of Fred Lewis, Inc. The Code Enforcement Board found Fred Lewis, Inc. to be in violation of Chapter 12, Section 12-1-7, of the Code, abandoned furniture, and accepted the recommendation of the Code Enforcement Officer as follows: If the violation is not corrected in five days to the satisfaction of the Code Enforcement Officer, a fine of $25 .00 per day shall be levied until compliance is reached. If this • 4 , , _. • property owned by Fred Lewis, Inc. is ever in non-compliance again, it shall be a repeat violation and a fine of $500 .00 per day shall be automatic until the property is brought into compliance, and a mandatory appearance before the Board shall be required. In addition, the Board assessed Fred Lewis, Inc. administrative costs of $63 .59 which may be included in a lien authorized under Sec. 162 . 09 (3) if not paid within 30 days. 6. REQUESTS FOR LIEN ACTION: Name Address Amount of Lien NONE 6. BOARD MEMBER/CODE ENFORCEMENT OFFICIAL COMMENTS: • Code Enforcement Official Grunewald introduced Nick Vander Wal, the new Code • Enforcement Official • Board Member Curtis Sanders was elected and agreed to serve as the new Chairman of the Code Enforcement Board effective May 15,2000 • Code Enforcement Official Grunewald advised that the Florida Association of Code Enforcement convention will be held in Orlando June 21 - 24,2000, and asked that anyone who wants to attend to contact him • Code Enforcement Official Grunewald presented outgoing Chairman Rogosheske with a card signed by all Board members, attorneys and secretary, and advised that Mayor Meserve is going to do a presentation to Chairman Rogosheske at the May 8th Commission meeting • Chairman Rogosheske presented outgoing Code Enforcement Official Grunewald with a framed certificate of appreciation for his years of service to the Board and City of Atlantic Beach • 5 • i 8. ADJOURNMENT There being no further discussion or business to come before the Board,the meeting adjourned at 9:25 P.M. un'' Curtis Sanders, Chairman Attest: Code Enforcement Board inda P. Kilis Secretary • 6