07/12/05 vCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
7:00 P.M., JULY 12,2005
Call to Order: PRESENT: Curtis Sanders, Jr., Chairman
Carl Russell
Ray Breault
Peter Wyncoop
Suzanne Noel
AND: Alex Sherrer, Code Enforcement Officer
Susan Gorman, Secretary
Suzanne Green, Prosecuting Attorney
ABSENT: Mamie Hurd (excused)
Chairman Sanders called the meeting to order at 7:05 p.m., followed by the Pledge of Allegiance
to the Flag by all present.
Chairman Sanders requested that the roll be read. Secretary Gorman read the roll and
determined that there was a quorum.
1. Approval of the Minutes of the Regular meeting held on April 12, 2005
Following a brief review and discussion ,the Board voted unanimously to approve the
minutes of the Code Enforcement Board meeting of April 12, 2005.
2. Recognition of Visitors and Guests not listed on the agenda.
Carolyn Pittman was recognized as the mother of Respondent, Zachary Pittman, Case No.135-
O5.
3. Unfinished Business from previous meeting:
Code Enforcement Officer Alex Sherrer gave afollow-up report.
NON-COMPLIANCE:
(1). Case No.: 165-05, - Mr. Benjamin Brown, 457 Sailfish Dr., Atlantic Beach
FL, Conducting a Salvage Business in a residential District Currently Being
Fined $200.00 Per Day For Non-Compliance
4. New Business: Chairman Sanders reviewed procedures and duties of the Code Enforcement
Board before swearing in the witnesses.
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Code Enforcement Board Meeting
July 12, 2005
A. HEARINGS
All witnesses were sworn in and the following testimony was given:
Case No:839-4, Mr. Benjamin Brown, 457 Sailfish Dr., Atlantic Beach, Fl,
Chapter 6, Section 6-16 (a) Florida Building Code Section 104.1 (permit
application) (b) Florida Building Code Section 105.6 (inspection required).
Chapter 24, SEC. 24-151 (b) (1) Having More than One Storage/Tool Shed,
Chapter 12, SEC. 12-1 (b) 6 Unsound Fencing.
A slide presentation was provided by Code Enforcement Officer Alex Sherrer.
Alex gave testimony regarding the multiple storage sheds located on the property,
the dilapidated fence, and the background information concerning the violation
history. Alex Sherrer commented that the privacy fence isn't required and should
be removed, replaced or repaired. Alex made recommendations to the Board. The
Respondent was present and testified that he made attempts to secure his trailer
containing his work tools. Mr. Brown also testified that he made several attempts
to communicate with the Building Department for the City of Atlantic Beach.
The Respondent indicated that he plans to keep only his trailer once it is secured
properly and will remove the two other storage buildings from his property. Carl
Russell suggested to Mr. Brown that Code Enforcement Officer Alex Sherrer take
a picture of the fence after repairs are made to demonstrate compliance.
The Board found Mr. Brown in violation and Carl Russell motioned to give Mr.
Brown three weeks to come into compliance or face fines of $250.00 per day less
Administrative fees. Suzanne Noel seconded and the motion carried. Chairman
Sanders explained the Board's decision to the Respondent.
Case No.: 135-05, Mr. Zackary C. Pittman, 464 Irex Rd., Atlantic Beach, FL
Ann Woods, 103 3rd St. W, Atlantic Beach, Fl ,Chapter 4, Section 4-30 (b) (5)
FAILURE TO PAY ANIMAL CONTROL FINE IN SPECIFIED AMOUNT
OF TIME.
The Respondent was present and stated that he is currently unemployed. Code
Enforcement Officer Alex Sherrer suggested that the Board reduce the fine due to
Mr. Pittman's circumstances. Carl Russell motioned to find the Respondent in
violation but to modify the fine. Pete Wynecoop seconded and the motion carried.
The Board gave Mr. Pittman until August 11, 2005 to pay the original fine of
~.,. $110.00. Failure to comply will result in a $15.00 fine per day for fifteen days
after that. Administrative fees of $239.96 will be assessed. Total amounts due will
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Code Enforcement Board Meeting
July 12, 2005
be forwarded to the Finance Dept. for collection, at an interest rate of ten (10)
percent per annum.
Code Enforcement Officer Alex Sherrer advised the Board to consider the
remaining three animal control violation cases and asked the board to modify fees
for all three cases. The Board heard a statement from Animal Control Officer
Denine Zagari explaining the process for serving the citations. Board Member
Suzanne Noel asked the Animal Control Officer several questions about the
citation form that is currently used.
Case No.: 137-05: Mr. William Leroy Stewart, 1334 Rose St., Atlantic Beach,
FL, Chapter 4, SEC. 4-30 (b) (5) Failure to Pay Animal Control Fine in
Specified Amount of Time.
The Board found Mr. Stewart in violation and the Respondent was given until
August 11, 2005 to comply. Failure to comply will result in a fine of $50.00 per
day for fifteen days after that. Administrative costs of $239.96 and the original
fine of $55.00 will be assessed. The total amounts due will be forwarded to the
Finance Department for collection, at an interest rate of ten (10) percent per
annum.
Case # 134-05: Mr. Joseph S. Doner, 378 Sargo Rd., Atlantic Beach, FL,
Chapter 4, SEC. 4-30 (b) (5) Failure to Pay Animal Control Fine in Specified
Amount of Time.
The Board found Mr. Doner in violation and the Respondent was given until
August 11, 2005 to comply. Failure to comply will result in a fine of $50.00 per
day for fifteen days after that. Administrative costs of $217.68 and the original
fine of $55.00 will be assessed. The total amounts 'due will be forwarded to the
Finance Department for collection, at an interest rate of ten (10) percent per
annum.
Case # 136-05: Mr. Mark J. Senese, 541 East Coast Dr., Atlantic Beach, FL,
Chapter 4, SEC. 4-30 (b) (5) Failure to Pay Animal Control Fine in Specified
Amount of time.
The Board found Mr. Senese in violation and the Respondent was given until
August 11, 2005 to comply. Failure to comply will result in a fine of $50.00 per
day for fifteen days after that. Administrative costs of $217.68 and the original
fine of $55.00 will be assessed. The total amounts due will be forwarded to the
Finance Department for collection, at an interest rate of ten (10) percent per
annum.
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Code Enforcement Board Meeting
July 12, 2005
Case # 1270-02: Mr. Yoochun Won, 1480 Mayport Rd., Atlantic Beach,
FL,Chapter 20, SEC. 20-52 (1) Failure to maintain the appropriate Business
Licenses.
The Respondent was absent. Alex advised the Board that Mr. Won continued to
operate a business without a license despite being warned previously that he is in
violation of City Code. Mr. Won ignored his renewal notices and obtained his
business license one day before the hearing. The Board found Mr. Won in
violation. The Respondent was assessed administrative costs of $199.98.
Compliance must be met within three days of receipt of Fact of Finding. Failure
to comply will result in the recordation of this Order, which constitutes a lien
upon any real or personal property owned by the violation. If such a lien is filed,
Mr. Won will be assessed all costs incurred in recording and satisfying this lien.
5. Board Member Comments:
Alex Sherrer presented the June Code Enforcement report to Board Members.
Chairman Sanders commended Alex on his job performance and expressed
interest in providing Alex with more resources to enforce City Code. Board
members discussed the number of animal control cases presented to the Code
Enforcement Board. Board Member Suzanne Noel expressed interest in the
amount of time spent on tracking non-payment of fines. Board Members
expressed their appreciation to Alex for his efforts.
Chairman Sanders provided Board Members with material on Code Enforcement
policies for other Florida municipalities. Code Enforcement workshop material
will be made available to the Board in the near future by Chairman Sanders.
6. Adjournment:
The meeting was adjourned at 8:42 p.m.
Curtis Sanders, Jr., Chairman, B
Attest:
~,
Susan Gorman, Secretary
A, i
0 CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD AGENDA
7:00 P.M.,JULY 12, 2005
Call to Order
Pledge of Allegiance to the Flag
Roll Call
1. Approval of the Minutes of the Regular Meeting held on APRIL 12, 2005
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. CASE # 165-05, Mr. BENJAMIN BROWN, 457 SAILFISH DR., Atlantic
Beach —CURRENTLY BEING FINED $200.00 PER DAY FOR NON-
COMPLIANCE
4. New Business:
Public Hearings;
Case No.: 839-4: Mr. Benjamin Brown, 457 Sailfish Dr., Atlantic Beach, FL
CHAPTER 6, SEC. 6-16: (a) Florida building Code Section 104.1 (permit
application ) (b) Florida Building Code Section 105.6 (inspection required).
CHAPTER 24, SEC. 24-151 (b) (1) HAVING MORE THAN ONE
STORAGE/TOOL SHED. CHAPTER 12, SEC. 12-1 (b) 6 UNSOUND
FENCING.
Case No.: 135-05: Mr. Zackary C. Pittman, 464 Irex Rd., Atlantic Beach, FL
CHAPTER 4, SEC. 4-30 (b) (5) FAILURE TO PAY ANIMAL CONTROL
FINE IN SPECIFIED AMOUNT OF TIME.
Case No.: 137-05: Mr. William Leroy Stewart, 1334 Rose St., Atlantic Beach,
FL, CHAPTER 4, SEC. 4-30 (b) (5) FAILURE TO PAY ANIMAL CONTROL
FINE IN SPECIFIED AMOUNT OF TIME.
: s
•
Case No.: 136-05: Mr. Mark J. Senese, 378 Sargo Rd., Atlantic Beach, FL
CHAPTER 4, SEC. 4-30 (b) (5) FAILURE TO PAY ANIMAL CONTROL
FINE IN SPECIFIED AMOUNT OF TIME.
Case No.: 134-05: Mr. Joseph S. Doner, 378 Sargo Rd., Atlantic Beach, FL
Chapter 4, SEC. 4-30: (b) (5) FAILURE TO PAY ANIMAL CONTROL FINE
IN SPECIFIED AMOUNT OF TIME.
Case No.: 1270-02: Mr. Yoochun Won, 1480 Mayport Rd., Atlantic Beach, FL
Chapter 20, SEC. 20-52 (1) FAILURE TO MAINTAIN THE APPROPRIATE
BUSINESS LICENSES
5. Miscellaneous Business:
Copy of Code Enforcement Investigation Report for June 2005 to be made
available at the meeting.
6. Board Member Comments:
7. Adjournment: