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.
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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
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• 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
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• 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
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• $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.
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• 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
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• 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
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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
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