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01/14/03 v CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES 7:30 P.M., JANUARY 14, 2003 Call to Order: PRESENT: Curtis Sanders, Jr., Chairman Richard Mann Peter Wynkoop Carl Russell Mamie W. Hurd AND: Suzanne Green, Prosecuting Attorney Alan Jensen, City Attorney Alex Sherrer, Code Enforcement Officer Athena Shearer, Secretary Chairman Sanders called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag by all present. 1. Approval of the Minutes of the Regular Meeting held on November 12, 2002. Motion by Board Member Russell to approve the Minutes, Seconded by Board Member Hurd, carried unanimously. 2. Recognition of Visitors and Guest regarding any matters not listed on the agenda. There were no other visitors or Guests present. Chairman Sanders swore in Don Ford and Kelly and Ruth Wilson. 3. Unfinished Business from previous meeting: Code Enforcement Officer Alex Sherrer presented follow-up reports on the following properties: A. COMPLIANCE: Case No.: 075-04, Benjamin Brown, all payments have been made for the fine issued by the Code Enforcement Board. Page 2 Code Enforcement Board January 14, 2003 B. NON-COMPLIANCE: REQUEST FOR WAIVER FROM SIGN ORDINANCE FROM CITY COMMISSION ON JANUARY 13, 2003 AND REQUEST TO APPEAL FINE: Case No.: 651-O1, Kelly & Ruth Wilson, 615 Atlantic Blvd., Atlantic Beach, FL, Chapter 17, Section 17-9 BUSINESS SIGN EXTENDING ABOVE CITY RIGHT OF WAY Kelly and Ruth Wilson were present. They were instructed to provide engineering plans before the next City Commission meeting before the Commission would consider a variance. Mr. and Mrs. Wilson requested a reduction of the fine imposed by the Order dated November 13, 2002 in the amount of $2,500 stating difficulties in getting engineering plans approved and financial hardship. Discussion followed. Motion by Board Member Mann to reduce the fine to $500 to be paid within 14 days "'"' from January 15, 2003, seconded by Board Member Russell, carried unanimously. 4. Public Hearings: Case No.: 1045-02, Michael & Victoria Smith, 31 17th Street, Atlantic Beach, FL, Chapter 2 4, S ection 2 4-66(b) FAILURE T O P ROCURE A B UILDING PERMIT PER FLORIDA BUILDING CODE Section 104.1 and 105.6. The Respondents were not present. Mr. Sherrer explained that the Building Official, Don Ford, notified him of the violation in that a carport was enclosed and electricity installed without the required permits. Mr. Ford explained the background information on when and why the violation was referred to Code Enforcement. Mr. Sherrer stated that he sent notice of violation and gave appropriate time to correct the violation, but received no contact until today. He stated that the architect, Coalson Contractors, Inc. applied for a Demolition Permit today and agreed to pay the administrative fees for this hearing. Mr. Sherrer gave his recommendation as follows: Michael & Victoria Smith are guilty of violating Chapter 24, Section 24-66(b) FAILURE TO PROCURE A BUILDING PERMIT PER FLORIDA BUILDING CODE Section 104.1 and 105.6 and are Ordered to pay administrative fees in the amount of $647.30, demolition of the carport must commence within 30 days of this hearing, any request for an extension in time must be approved by the Code Enforcement Officer and Building Official and will only be considered where there is legitimate justification for such extension, failure to comply will result in a fine of $250.00 per day, per violation for every day past the compliance date of February 12, 2003, in accordance with Florida Statute 162.09(2)(a). ~I^ Page 3 Code Enforcement Board January 14, 2003 Motion by Board Member Wynkoop to approve the recommendation of Mr. Sherrer in its entirety, seconded by Board Member Mann, carried unanimously. 5. New Business: Mr. Sherrer stated that upon further review of Florida Statute 162.09(2)(a) and confirmation by the City's Attorney, fines are only restricted to the amount per day, per violation, to wit: $250.00 per day, per violation for a first offense and $500 per day, per violation for repeat offenses. There is no restriction for the maximum total accumulation for fines Discussed holding Code Enforcement Board Meetings at an earlier time. Motion by Board Member Mann, seconded by Board Member Wynkoop, carried unanimously to change the meeting time to 7:00 p.m. Code Enforcement Case Load Update -Code Enforcement Officer Sherrer. Mr. Sherrer discussed the report for December 2002 with the Board. 6. Board Member Comments: None. 7. Adjournment: The meeting was adjourned at 8:25 p.m. Curtis anders, Jr., Chairman, EB Attest: Athena Shearer, Secretary ~""`"