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03-02-99 v 41aL; CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P.M., MARCH 2, 1999 Call to order Pledge of Allegiance to the Flag Roll Call 1. Approval of the Minutes of the Regular Meeting held January 5, 1999, and Workshop Meeting January 26, 1999. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda 3. UNFINISHED BUSINESS: OIL Case No. 98-7799 - Kirt Lynch, 1860 Mayport Road. The owner of the property is in violation of Chapter 20, Section(s) 20-52 and 20-54 of the Code of the City of Atlantic Beach in that there exists on the premises located at 1860 Mayport Road the following condition(s): Failure to obtain a City of Atlantic Beach occupational license for the retail sales of automobiles. You will remember that Mr. Lynch applied for the required use by exception and came before the Community Development Board on December 15, 1998. The Board was unable to make a recommendation at that time and has requested additional information. On January 19, 1999, the Community Development Board recommended approval of Mr. Lynch's request for a use by exception to relocate his business to 1400 Mayport Road. On February 8, 1999,the City Commission unanimously approved the use by exception as recommended by the Community Development Board. Mr. Lynch is in the process of applying for his occupational license, but as of this time has not submitted the required documentation to acquire the license. Case No. 98-7504 - Kae Kendall, 50 Ocean Blvd. During the November 10, 1998, Board Meeting, it was reported that Mrs. Kendall paid the administrative fees of$295.85 but had not submitted any plans concerning the required changes to the building. During the September 8, 1998, Code Enforcement Board Meeting, Mrs. Kendall was directed to complete installation of a fire wall by February 28, 1999. 11010_.N Code Enforcement Official Grunewald will present a status report on this case. • Case No. 99-7954 -Richard Skipper, 1289 Gladiola Street. The owner of the property is in violation of Chapter 12, Section 12-1-7, Chapter 16, Section 16-6 of the Code of the City of Atlantic Beach and Florida Statutes Section 403.413 (4)(b), Florida Litter Law in that there exists on the premises the following conditions: Building materials, discarded auto parts, wood pallets and other trash and debris deposited and stored outside on the property, concrete buried on the property, debris deposited in a stormwater drainage canal, and a wooded deck constructed into the stormwater drainage canal. During the January 5, 1999, Board Meeting, Mr. Skipper was found to be in violation of the foregoing Statutes. At that time, the Board elected not to levy a fine, however, he was assessed $121.35 administrative costs. Mr. Skipper was given 30 days to remove the building material, pallets, discarded auto parts, other trash and debris; to either remove the travel trailer located on the property or secure the trailer by putting it up on blocks and repairing or boarding up the broken windows in a manner approved by the Code Enforcement Officer; and to remove the trash and debris from the canal and that portion of the deck built into the stormwater drainage canal. At that time the Board determined that if said property remains in non-compliance beyond the • thirty days, a fine of$250.00 per day will be levied against said property until compliance is reached to the satisfaction of the Code Enforcement Officer. It was determined by the Board that if the property has not been brought into compliance by the end of forty-five (45) days, the Code Enforcement Officer will notify the city to clean up said property. The cost incurred for the cleanup will be billed to Mr. Skipper, and if not paid within thirty days from the date of the invoice, will result in a lien being placed against said property for the amount due. Mr. Skipper was to comply with the findings of fact of the CEB by February 16, 1999. Code Enforcement Official Grunewald inspected the property on said date and found no positive action was taken to comply with the order of the board. Code Enforcement Official Grunewald will give his recommendation and make his request for further action. 4. NEW BUSINESS: Case No. 99-8170 Harry T. Gross (Buds Auto Sales), 980 Mayport Road. The owner of the property is in violation of Chapter 20, Sec. 20-54 of the Code of the City of Atlantic Beach and Florida Statutes Section 205.053 in that there exists on the premises located at 980 Mayport Road the following condition(s): Failure to pay for and maintain current occupational licenses. The occupational licenses expired September 30, 1998. Case No. 99-7861 Kevin & Kimberly Rissmiller, 386 Sargo Road. The owner of the property is in violation of Chapter 12, Sec. 12-1-7 of the Code of the City of Atlantic Beach in that there • 2 • exists on the premises located at 386 Sargo Road, the following condition(s): Outside storage of two abandoned vehicles. Mr. Rissmiller came before the Code Enforcement Board on January 6, 1998, and no action was taken concerning the vehicles since they were currently in probate. At that time, Mr. Rissmiller was assessed administrative costs of$108.16 which as of this date has not been paid. 5. REQUEST FOR LIEN ACTION: Name Address Amount of Lien None. 6. BOARD MEMBER COMMENTS: 8. ADJOURNMENT III • 3 CITY OF ATLANTIC BEACH 0 CODE ENFORCEMENT BOARD MINUTES MARCH 2, 1999 Call to order: PRESENT: Ken Rogosheske, Chairman Curtis Sanders Robert Etheridge Lou Etta Waters James Pelkey Tami Deitchman AND: Alan Jensen, City Attorney Suzanne Green, Prosecuting Attorney Karl Grunewald, Code Enforcement Officer Julie M. Brandt, Secretary Linda P. Kilis, Secretary ABSENT: Richard Mann The meeting was called to order at 7:30 p.m. by Chairman Ken Rogosheske followed by the Pledge of Allegiance to the Flag. • 1. Approval of Minutes of the Regular Meeting of January 5, 1999, and Workshop Meeting of January 26, 1999. The minutes of the Regular Code Enforcement Board Meeting of January 5, 1999, and Workshop Meeting of January 26, 1999, were unanimously approved as presented. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda. There were no visitors. Tami Deitchman arrived at this time. 3. UNFINISHED BUSINESS: Code Enforcement Official Grunewald presented brief follow-up reports on the following cases: Case No. 98-7799 - Kirt Lynch, 1860 Mayport Road. The owner of the property had been in violation of Chapter 20, Section(s) 20-52 and 20-54 of the Code of the City of Atlantic Beach in that there exists on the premises located at 1860 Mayport Road the following condition(s): Failure to obtain a City of Atlantic Beach occupational license for the retail sales of automobiles. 0 Code Enforcement Officer Grunewald explained that Mr. Lynch took the sign down, has cleaned up and vacated the property, and is not operating the business at 1860 Mayport Road at this time. It was further explained that Mr. Lynch has acquired new property at 1400 Mayport Road and that he has made application for an occupational license and is waiting for completion of the fire and building inspections. Case No. 98-7504 - Kae Kendall, 50 Ocean Blvd. Code Enforcement Officer Grunewald reported that Ms. Kendall paid the administrative fees and the fire wall is in, and she is now in compliance. Case No. 99-7954 - Richard Skipper, 1289 Gladiola Street. The owner of the property is in violation of Chapter 12, Section 12-1-7, Chapter 16, Section 16-6 of the Code of the City of Atlantic Beach and Florida Statutes Section 403.413 (4)(b), Florida Litter Law in that there exists on the premises the following conditions: Building materials, discarded auto parts, wood pallets and other trash and debris deposited and stored outside on the property, concrete buried on the property, debris deposited in a stormwater drainage canal, and a wooded deck constructed into the stormwater drainage canal. Code Enforcement Official Grunewald reported that as of this date, Mr. Skipper had not complied with the order of the Board and the violations still exists. Since there has been no positive action to comply with the order of the Board, Code Enforcement Official Grunewald • recommended that Mr. Skipper be fined $250.00 per day effective February 16, 1999, and that the travel trailer be impounded by the Code Enforcement Officer. Code Enforcement Officer Grunewald also requested that the board request the city to take the appropriate action to clean up the property and bill Mr. Skipper for the costs incurred, as well as the previously assessed administrative costs in the amount of$121.35 still outstanding. It was also requested that any future violations be considered a repeat violation with a fine of$500.00 per day until the violation is corrected as determined by the Code Enforcement Official. * NEW BUSINESS: Chairman Rogosheske read the case procedures to be followed and all witnesses were sworn in. Case No. 99-8170 Harry T. Gross (Buds Auto Sales), 980 Mayport Road. The owner of the property is in violation of Chapter 20, Sec. 20-54 of the Code of the City of Atlantic Beach and Florida Statutes Section 205.053 in that there exists on the premises located at 980 Mayport Road the following condition(s): Failure to pay for and maintain current occupational licenses. The occupational licenses expired September 30, 1998. Code Enforcement Official Karl Grunewald reported that Harry T. Gross (Buds Auto Sales) repeatedly failed to renew his three occupational licenses in a timely manner when notified. It was reported that three notices were sent to Mr. Gross followed by a fourth notice (certified mail) 0 2 with the intent to refer this matter to the Code Enforcement Board. The licenses were in default 0 as of September 30, 1998, and despite numerous notices, no effort was made to renew the licenses for a period of 153 days. Mr. Gross acknowledged that he was in violation and apologized for being consistently late. Code Enforcement Officer Grunewald reported that prior to the Code Enforcement Board meeting, Mr. Gross renewed the licenses and paid the appropriate fees and penalties. After a brief discussion, a motion was made by Board Member Sanders, seconded by Board Member Etheridge and unanimously carried to find Mr. Gross in violation of Chapter 20, Section 20-54 of the Code, Due Dates and Penalties for Failure to Pay License Fees, and Florida Statute Section 205.053 (3) Failure to Pay Required Fees, for repeatedly failing to renew three occupational licenses in a timely manner when notified. There being no further discussion, a motion was made by Board Member Sanders, seconded by Board Member Etheridge and unanimously carried to assess Mr. Gross administrative costs of$106.22, and levied a one-time fine of $150.00, for a total of$256.22. In the future, if Mr. Gross is negligent in renewing his licenses on time, a fine of$250.00 per day will be levied for each day the licenses are delinquent until compliance is reached to the satisfaction of the Code Enforcement Officer. Case No. 99-7861 Kevin & Kimberly Rissmiller,386 Sargo Road. The owner of the property is in violation of Chapter 12, Sec. 12-1-7 of the Code of the City of Atlantic Beach in that there Sexists on the premises located at 386 Sargo Road, the following condition(s): Outside storage of two abandoned vehicles. Code Enforcement Official Grunewald presented a brief history of the property and stated that since 1994, the Rissmillers have been before the Board concerning this and other issues several times, and have continued to state that the vehicles are in probate of Rita Elitech's estate. Code Enforcement Officer Grunewald was advised by the attorney for the Estate of Rita Elitech that the Estate has been closed. He further reported that the Rissmillers have placed the titles to the vehicles in the rear windows of the cars as requested and are now in compliance. Mrs. Rissmiller appeared before the Board and acknowledged there was no excuse for not paying the previously assessed administration costs, and stated that they were in the process of having the cars removed from the property. There being no further discussion, a motion was made by Board Member Sanders, seconded by Board Member Etheridge, and unanimously carried to find Kevin and Kimberly Rissmiller in violation of Chapter 12, Section 12-1-7 of the Code, Outside storage of two abandoned vehicles. The Board assessed the Rissmillers an administrative fee of$66.20, and reminded them they are still responsible for the amount of$108.16 previously assessed to them, for a total of$174.36. 1111 3 *Case No. 99-7954 - Richard Skipper, 1289 Gladiola Street. Board Member Sanders inquired of Code Enforcement Official Grunewald if he wanted to take action on this matter, and the 41) answer was in the affirmative. There being no further discussion, a motion was made by Board Member Sanders, seconded by Board Member Deitchman, and unanimously carried to find Richard Skipper in violation of Chapter 12, Section 12-1-7 of the Code and Florida Statutes Section 403.413 (4)(b), Florida Litter Law, and directed Code Enforcement Official Grunewald to take appropriate action to (1) levy a fine to Mr. Skipper of$250.00 per day for a period of fifteen (15) days from February 16, 1999, amounting to $3,750.00, (2) impound the travel trailer, and (3) notify the city to clean up the property and bill Mr. Skipper for the costs incurred in doing so. Additionally, Mr. Skipper is still responsible for$121.35 unpaid administrative costs previously assessed. In the event the cost incurred for the cleanup has not been paid within thirty days from the date of the invoice billed to Mr. Skipper, a lien will be placed against said property for the amount due. 5. REQUESTS FOR LIEN ACTION: Name Address Amount of Lien None. • 6. BOARD MEMBER/CODE ENFORCEMENT OFFICIAL COMMENTS: ♦ Code Enforcement Official Grunewald stated that the Tampa conference is forthcoming. 8. ADJOURNMENT There being no further discussion or business to come before the Board, the meeting adjourned at 8:15 p.m. . 1/. ii.,Z— en 'ogosh ske, Chairman Code Enforcement Board Attest: aki.S.Ls; ,Xc—L-x.Ah Linda P. Kilis Secretary 111 4