10/15/03 vCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
,~^ OCTOBER 15, 2003
Call to order: PRESENT: Richard Mann, Vice Chairman
Peter Wynkoop
Carl Russell
Christopher Shea
Mamie Hurd
AND: Alex Sherrer, Code Enforcement Officer,
Suzanne Green, Prosectuting Attorney
Alan Jensen, City Attorney
Ellen LaVake, Secretary
ABSENT: Curtis Sanders (excused)
Ray Breault
The meeting was called to order at 7:00 p.m. by Vice Chairman Richard Mann, followed
by the Pledge of Allegiance to the Flag.
The Secretary read the roll, finding that Board Members Ray Breault and Curtis Sanders
were absent. Chairman Sanders had previously informed the board secretary that he
would be out of town.
1. Approval of the Minutes of the Meeting held on September 17, 2003
Following a brief review of the Minutes of the September 17, 2003 meeting, the minutes
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 or guests present at the meeting.
3. Unfinished Business:
Code Enforcement Officer Alex Sherrer reported on the following case:
A. COMPLIANCE:
(1). Case No.: 651-01, Kelly & Ruth Wilson, 615 Atlantic Blvd., the City Commission
granted the Wilsons an extension until September 2003 to present engineering plans for a
new sign.
Code E nforcement O fficer A lex S herrer r eported t hat Wilson & Wilson replaced t heir
sign and were in good standing order and in full compliance.
B. NON-COMPLIANCE:
(2). Case No.: 1331-02, Valda Hector, 387 Skate Road. Code Enforcement Officer
Sherrer reported that Ms. Hector had still not completed the removal of the shed that was
in violation. He recommended a fine of $250.00 a day be instituted per order of
September 17, 2003, and that a lien be placed against the property of 387 Skate Road for
the total assessment plus costs incurred for the filing of the lien. The lien amounts are to
be made payable with an interest rate of ten (10) percent per annum from the date of
certification until paid.
Board Member Russell asked what had been done since September 17, 2003 and how
much work still needed to be done.
Mr. Sherrer stated that only about 40 percent of the work had been done and that nothing
had been done in the last two weeks.
Vice Chairman Mann asked if there was any more discussion needed.
Board Member Wynkoop asked Mr. Sherrer if he had talked to Ms. Hector and if she
understands the $250.00 a day fine, why hasn't she done anything?
Mr. Sherrer replied that he had talked to her and that she could not find anyone to help
her remove the shed.
~'"" A motion was made by Board Member Shea, seconded by Vice Chairman Mann, and was
unanimously carried to approve the full recommendation of the Code Enforcement
Officer as presented.
4. Public Hearings:
Case No.: 537-03, Benjamin Brown, Jr., 457 Sailfish Drive, Atlantic Beach, FL,
Chapter 12, Sec 12-1 (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS
MATERIALS; Chapter 12, Sec 12-1 (b)(3): ALLOWING EXCESSIVE GROWTH
OF WEEDS; Chapter 24 Sec 24-104 : CONDUCTING A SALVAGE BUSINESS IN
A RESIDENTIAL DISTRICT.
Vice Chairman Mann read the hearing procedures for the case, introduced everyone
present and all witnesses were sworn in.
Code Enforcement Officer Shearer gave a presentation of the case and a brief history of
the violations dating back to 1998. He then asked the board to review his findings of
facts before he continued with his recommendations.
Vice Chairman Mann asked Mr. Brown if he wished to speak.
Mr. Brown stated that in order to make a living he had to keep salvage materials on his
property and that other people would drop materials at his house for him to work on. He
said he has tried to keep his property cleaned up but that vandals keep tearing down his
fence. He inquired as to how he can obtain a license to continue conducting his business
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at his residence but was told this is not allowed in Atlantic Beach.
~ Wanda Lanier of 568 Seaspray Avenue was sworn in and stated she had lived in her
neighborhood for 18 y ears and that she found the conditions of Mr. Brown's property
unacceptable. She was frustrated that Mr. Brown had not cleaned up his property and
continued to violate the City codes.
Debbie Monte of 598 Seaspray Avenue was sworn in and stated she had been before the
Code Enforcement Board three times to complain about Mr. Brown's property. She felt
that he stored some hazardous materials on his property that made the neighborhood
unsafe and she wanted him to be held accountable.
After further discussion Code Enforcement Officer Sherrer recommended that Mr.Brown
be found guilty for non-compliance, and as a repeat violator be fined the full $7,500.00
originally set aside during the hearing of May 1, 2001. He recommended that Mr. Brown
be granted until October 31, 2003 to bring his property into full compliance and that a
fine of $500.00 a day be imposed for every day after that, and that any future violations
will result in a $500.00 a day fine per violation starting with the first day of notification.
As Mr. Brown is unlicensed and cannot be licensed to conduct a salvage business in a
residential district he will be forbidden from bringing any scrap metal, junk cars or any
other salvage materials onto the property at 457 Sailfish Drive. Mr.Brown will be
assessed the full administrative costs of $549.62 for conducting this hearing, per Florida
Statute 162.07 (2) and be given 1 month to pay all fines and fees assessed and failing to
make a payment a lien b e placed a gainst the property o f 457 Sailfish D rive. All lien
''' amounts are to be made payable with interest at a rate often (10) percent per annum from
the date of certification until paid.
A motion was made by Board Member Wynkoop, seconded by Board Member Hurd, and
carried by 4 to 1 vote with Board Member Russell voting "nay" to accept the
recommendations of the Code Enforcement Officer as presented.
Case No.: 1270-02, Yoochun Won, 1480 Mayport Road, Atlantic Beach, FL,
Chapter 24, Sec 24-160 (b): DUMPSTER, GARBAGE CONTAINERS AND
REFUSE COLLECTION AREAS: FAILURE TO MAINTAIN A PROPER
DUMPSTER ENCLOSURE.
Code Enforcement Officer Sherrer presented the case. Mr. Won was not present at the
hearing. Mr. Sherrer stated that Mr. Won had corrected the problem prior to the hearing
and recommended that no fines be imposed and that he be charged administrative fees
only. Mr. Sherrer also recommended that Mr. Won pay a total of $292.69 in
administrative fees within 30 days.
A motion was made by Board Member Wynkoop, seconded by Board Member Shea, and
unanimously carried to approve the Code Enforcement Officer's recommendation as
presented.
5. Miscellaneous Business:
Code Enforcement Officer Sherrer asked the board members to review the copy of the
Code Enforcement Investigation Report for September 2003 and asked if there were any
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questions.
Vice Chairman Mann inquired about the high volume of licensing in January. It was
explained that is when the City checks up on all businesses that failed to renew their
occupational licenses to see if they are still operating.
6. Board Member Comments:
Board Member Shea commended Code Enforcement Officer Sherrer for the continued
good job he does for the City.
7. Adjournment:
Vice Chairman Mann asked if there were any more comments and declared the meeting
adjourned at 8:15 p.m.
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Richard Mann, Vice-Chairman
Code Enforcement Board
Att~~ ,
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'" Ellen LaVake -Secretary
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CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD AGENDA
7:00 P.M., OCTOBER 15,2003
Call to Order
Pledge of Allegiance to the Flag
Roll Call
1. Approval of the Minutes of the Regular Meeting held on September 17, 2003
2. Recognition of Visitors and Guests regarding any matters not listed on the agenda
3. Unfinished Business from previous meeting
Code Enforcement Officer Alex Sherrer will give a follow-up report on the following cases:
• A. COMPLIANCE/NON-COMPLIANCE :
(1). Case No.: 651-01, Kelly & Ruth Wilson, 615 Atlantic Blvd., The old sign was
removed, the new sign is installed and in compliance.
(2) Case No.: 1331-02, Valda Hector, 387 Skate Road, Atlantic Beach, FL,
Chapter 24, Section 6-16 FAILURE TO PROCURE A BUILDING PERMIT
PER FLORIDA BUILDING CODE; Chapter 24, Sec 24-151 (b) (1) h
ACCESSORY STRUCTURE EXCEEDING 150 SQUARE FEET; Chapter 24,
Sec 24-104 (e) (2) STRUCTURE WITHIN 20-FOOT REAR SETBACK;
Chapter 24, SEC 24-48 (8) FAILURE TO COMPLY WITH A COMMUNITY
DEVELOPMENT BOARD ORDER. Shed in non-compliance with order of 17
September 2003. Recommend fine of$250.00 a day be instituted per order and that a
lien be placed against the property of 387 Skate Rd. for the total assessment plus costs
incurred for the filing of the lien. The lien amounts are to be made payable with an
interest rate of ten(10)percent per annum from the date of certification until paid.
4. New Business:
Public Hearings:
Case No.: 537-03, Benjamin Brown, Jr., 457 Sailfish Drive, Atlantic Beach, FL,
• Chapter 12, Sec 12-1 (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS
MATERIALS; Chapter 12, Sec 12-1 (b)(3): ALLOWING EXCESSIVE GROWTH
OF WEEDS; Chapter 24 Sec 24-104 : CONDUCTING A SALVAGE BUSINES IN
i A RESIDENTIAL DISTRICT.
Case No.: 1270-02, Yoochun Won, 1480 Mayport Road, Atlantic Beach, FL,
Chapter 24, Sec 24-160 (b): DUMPSTER, GARBAGE CONTAINERS AND
REFUSE COLLECTION AREAS: FAILURE TO MAINTAIN A PROPER
DUMPSTER ENCLOSURE.
5. Miscellaneous Business:
Copy of Code Enforcement Investigation Report for September 2003
6. Board Member Comments:
7. Adjournment:
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