11-05-97 CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
NOVEMBER 5, 1997
Call to order: PRESENT: Edward Martin, Chairman
Ken Rogosheske
James Pelkey
Lou Etta Waters
Richard S. Mann
Tammy Deitchman
AND: Suzanne Green, Prosecuting Attorney
Karl Grunewald, Code Enforcement Officer
Julie M. Brandt, Secretary
ABSENT: Robert Etheridge
Alan Jensen, City Attorney
The meeting was called to order at 7:30 p.m. by Chairman Ed Martin, followed by the Pledge of
Allegiance to the Flag by all present.
1. Approval of Minutes of September 2, 1997
The minutes of the Regular Code Enforcement Board Meeting of September 2, 1997 were
approved as presented.
2. Recognition of Visitors and Guests regarding any matters that are not listed on the
agenda.
No one wished to speak.
3. OLD BUSINESS:
Code Enforcement Official Grunewald and the Board briefly reviewed the sequence of events
of the following case:
Case No.97-6198 Ernest"Rocky" Russell(owner) and C.J. Eiras (occupant) and
Corporation Officer,Artistic and Cultural Enlightenment Society,86 Ocean Boulevard.
The owner of the property is in violation of Chapter 18, Section 2, Failure to Register for the
Purpose of Soliciting, Chapter 20, Section 52, Operating Without Proper Licensing, Chapter 24,
Section 107, Commercial Business in a Residential District,No Use By Exception Granted,
Section 161, Insufficient Parking for Present Use Code of the City of Atlantic Beach and Florida
Statute 823.05 Places Declared a Public Nuisance in that there exists on the premises located at
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November 5, 1997
86 Ocean Boulevard, a/k/a Lot 7, Block 34, Atlantic Beach (RE# 170225-0100) the following
condition(s): operating a commercial business in a residential district, no Use by Exception
granted, insufficient parking for present use,operation of business without proper
licensing,failure to register for the purpose of soliciting, failure to comply with the Florida
Accessibility Code in its entirety,failure to comply with the Life Safety Code and the
Standard Building Code.
During the June 10, 1997 Special Called Meeting of the Code Enforcement Board, C.J. Eiras,
Corporate Officer of the Artistic and Cultural Enlightenment Society, was found to be in
violation of: Chapter 18, Section 2, Failure to Register for the Purpose of Soliciting, Chapter 20,
Section 52, Operating Without Proper Licensing, Chapter 24, Section 107, Commercial Business
in a Residential District,No Use By Exception Granted, Section 161, Insufficient Parking for
Present Use Code of the City of Atlantic Beach and Florida Statute 823.05 Places Declared a
Public Nuisance. The Board found the operation cannot be reopened without proper licenses and
permits obtained to take care of the deficiencies noted in the charges. If it is reopened, a fine of
$250.00 per day will be levied against the property beginning the day it is reopened and
continuing every day of operation until compliance is reached to the satisfaction of the Code
t Enforcement Officer. The Board also voted to assess an amount equal to 50%of the verified
�r costs, not to exceed $1,000.00 due and payable to the City within thirty days, for the city's
administrative expenses involved in processing the case. (These costs were determined to be
$3,761.78).
The deadline to pay the $1,000.00 administrative costs was July 13, 1997. As of this date,the
invoice has not been paid. A memo was written to Detective Dale Hatfield requesting sworn
statements from any officers witnessing operation of the ACES Social Club after June 10, 1997.
If the club was in operation, an additional fine of$250.00 per day for each day of operation
would be levied. As of this date (August 25, 1997),no information has been received from the
Public Safety Department. If Mr. Eiras does not pay the $1,000.00 administrative costs by
September 2, 1997, we will request lien action under Item 5 of the agenda.
During the September 2, 1997 Code Enforcement Board Meeting,the Board determined that Mr.
Eiras was in violation of the Board's order of June 10, 1997 and operated his business for nine (9)
days without the proper licensing and permits. At that time the Board voted to fine Mr. Eiras
$2,250.00.
After the review, Code Enforcement Official Grunewald stated Mr. Eiras had not paid the
$2,250.00 fine and the matter had been placed under Item 5, Request for Lien Action. Mr.
Grunewald then requested that Item#5 be taken out of sequence and requested lien action to be
taken on Mr. Eiras in the amount of$2,250.00.
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A motion was made by Ken Rogosheske,seconded by Tammy Deitchman and unanimously
carried to authorize filing a Claim of Lien in the amount of$2,250.00 in the Circuit Court
against the personal property of C.J.Eiras.
Code Enforcement Official Grunewald reported that Mr. Eiras had not paid the previous
administrative costs of$1,00.00 and liens totaling $3,250.00 would be filed against him.
The following cases were also reviewed and updates provided by Code Enforcement Officer
Grunwald:
Case No. 97-6468-Michael Banks- 731 Begonia Street. Michael Banks, occupant of the
property owned by Larry Lively, is in violation of Chapter 12, Section 12-1-6 of the Code of the
City of Atlantic Beach in that there exists on the premises the following condition(s): trash and
other items stored in the front yard.
Code Enforcement Officer Grunewald reported that during the September 2, 1997 meeting, Mr.
Banks was found guilty of the violation, given until September 4, 1997 to remove the washing
machine from his front porch and assessed$93.73 administrative costs. Mr. Grunewald stated
that Mr. Banks removed the washing machine as directed but still had not paid the $93.73.
Case No.97-6264- August F. Covelli,Jr. - 732 Aquatic Drive. The owner of the property is in
violation of Chapter 12, Section 12-1-3 of the Code of the City of Atlantic Beach in that there
exists on the premises the following condition(s): high grass and weeds in the rear yard
creating a health, safety and welfare condition. Mr. Covelli is a repeat violator having been
cited four times since 1993 for the same violation.
Code Enforcement Officer Grunewald reported that during the September 2, 1997 meeting, Mr.
Covelli was found guilty of the violation. At that time,the Board determined if the property is
found to be in violation again, he would be fined$100.00 per day for each day the violation
exists. Mr. Covelli was assessed $93.73 in administrative costs which he paid, and the case is
now closed..
Case No. 97-5574- Michelle Fennick-56 West 6th Street. Ms. Fennick, owner of Beaches
Recycling, is in violation of Chapter 12, Section 12-1-7 of the Code of the City of Atlantic Beach
in that there exists on the premises the following condition(s): outside storage, discarded metal
items, and the possible operation of a metal salvage yard.
Code Enforcement Officer Grunewald reported that during the September 2, 1997 meeting, the
Board found Ms. Fennick guilty, imposed no fine at that time but informed her if the property
comes in violation again, she will be fined$100.00 per day for each day the violation exists. Ms.
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Fennick was assessed the $93.73 in administrative costs which she paid, and the case is now
closed.
Case No. 97-5133 - Paul Ferber,Shoppes of North Shore- 363 Atlantic Boulevard#3. The
owner of the property is in violation of the Accessibility Code, Section 4.6.4 in that there exists
on the premises the following condition(s): failure to install the required handicapped
signage in one of three required parking spaces. Mr. Ferber was first notified of the violation
on September 16, 1996 and has been slow to bring about compliance.
Code Enforcement Officer Grunewald reported that during the September 2, 1997 meeting, the
Board found Mr. Ferber guilty, imposed no fine at that time but informed him if the property
comes in violation again, he will be fined$100.00 per day for each day the violation exists. Mr
Ferber was assessed $93.73 for administrative costs which he has paid, and the case is now
closed.
Case No. 97-6454 -John Kent, Atlantic Theaters -751 Atlantic Boulevard. The owner of the
property is in violation of Chapter 24, Section 24-177 of the Code of the City of Atlantic Beach
in that there exists on the premises the following condition(s): failure to install a landscape
buffer median separating the Atlantic Theaters building and the old Pic 'N Save building.
Atlantic Theaters has requested a hearing before the CDB on August 19, 1997 to be granted a
delay on construction of the median. The outcome of this meeting will determine our course of
action.
Code Enforcement Officer Grunewald reported that Atlantic Theaters has since met all of the
requirements of the Zoning and Tree Boards, as well as, the Code Enforcement Board and a
letter would be sent to them indicating the same. This case is also closed.
Case No. 97-5915-James McLaurin-571 Camelia Street. The owner of the property is in
violation of Chapter 12, Section 12-1-6 of the Code of the City of Atlantic Beach in that there
exists on the premises the following condition(s): a large dead oak tree in the rear yard is
endangering the home and surrounding homes.
Code Enforcement Officer Grunewald reported that during the September 2, 1997 meeting the
Board found Mr. McLaurin guilty of the charges and he was given until September 17, 1997 to
remove the tree. It was further determined that if the tree remained after said date, he would be
fined$25.00 per day until the tree was removed.
Mr. Grunewald indicated that Mr. McLaurin met the deadline to remove the tree and also paid
his administrative fee of$93.73. However, his check bounced and the city is waiting for him to
redeem the check. A brief discussion ensued concerning the city's procedure to redeem the check
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November 5, 1997
and it was determined the Code Enforcement Board had no jurisdiction over this matter .
Case No.97-6383 -John Omeara, Southern Exposure International(Estate Sale)-296
Royal Palms Drive. The owner of the property is in violation of Chapter 24, Section 24-154
of the Code of the City of Atlantic Beach in that there exists on the premises the following
condition(s): outside display of used items and unpermitted signs displayed.
Mr, Omeara was found to be in compliance with the ordinance because proof was presented
indicating the merchandise on display in front of the building was new,no fine was levied and
the administrative fee was waived.
Code Enforcement Grunewald stated he periodically checks the merchandise displayed and Mr.
Omeara remains in compliance. He indicated this case is now closed.
Case No. 97-6079 -John Shields -405 Aquatic Drive. The owner of the property is a repeat
violator in violation of Chapter 24, Section 24-163-3 of the Code of the City of Atlantic Beach
in that there exists on the premises the following condition(s): boat stored in front of the front
` yard setback line. Since 1993 there have been eight complaints against the property for
garbage and trash, weeds,boats and cars.
Code Enforcement Official Grunwald reported that during the September 2, 1997 meeting, the
Board found Mr. Shields guilty of the charges, and he was given until September 17, 1997 to
remove the boat from his front yard. It was further reported that Mr. Shields met the deadline to
move the boat, however he did not pay the administrative fee of$93.73. Code Enforcement
Officer Grunewald indicated the administrative fee letter was sent certified mail and had come
back as undeliverable, and he would hand deliver another copy of the letter to Mr. Shields.
Case No. 97-6311 - San Hung Tong-434 Skate Road. The owner of the property is a repeat
violator in violation of Chapter 12, Section 12-1-3 in that there exists on the premises the
following condition(s): high grass and weeds in the front,side and rear yards.
Code Enforcement Officer Grunewald reported that during the September 2, 1997 meeting, the
Board found Mr. Tong guilty of the charges. No fine was imposed,however,Mr. Tong was
informed that if the violation occurred again, he would be fined$100.00 per day each day the
property is in violation. Mr. Grunewald stated that Mr. Tong was also assessed the
administrative fee of$93.73 which he paid.
Mr. Grunewald indicated this case is now closed.
`. Code Enforcement Board Chairman Martin stated he would like to conduct the hearings using a
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November 5, 1997
new format similar to that used by the Code Enforcement Board of the City of Jacksonville
whereby the respondent will be given a chance to admit to or deny the allegations brought against
him. If he admits to the allegations, the Code Enforcement Board will not conduct a hearing but
proceed with their findings.
4. NEW BUSINESS:
Case No. 97-6740 - Sydney Simmons (Coalition Partnership) -725 Atlantic Boulevard. This
is the old Pic'N Save building and the property is in violation of Chapter 12, Section 12-1-8 and
Chapter 23, Section 23-36 in that there exists on the premises the following condition(s),
Vegetation, high grass and weeds and a collapsing fence.
Mitch Trager,representing Coalition Partnership, appeared before the Code Enforcement Board.
Chairman Martin asked Mr. Trager if he admitted to or denied the allegations brought against
him.
Mr. Trager stated that the building located at 725 Atlantic Boulevard was owned by
fir Coalition Partnership but had been leased to Pic 'N Save. Mr. Trager reported Coalition
Partnership's lawsuit against Pic 'N Save had been settled recently and now they were
responsible for the upkeep of the property. Mr. Trager stated the allegations were true.
�N.
A motion was made by Ken Rogosheske, seconded by Ed Pelkey and unanimously carried
to find Coalition Partnership represented by Mitch Trager guilty of violating Chapter 12,
Section 12-1-8 and Chapter 23, Section 23-36.
Code Enforcement Officer Grunewald reported at this time the property was in 95%compliance
in that fence had been repaired,the weeds and high grass cut and all of the trash removed.
A brief discussion concerning compliance ensued, and Mr. Trager stated he would be in
complete compliance by the end of the week or sooner. After some further discussion, Mr.
Trager and Mr. Grunewald agreed to meet at 9:00 a.m. the following morning(November 6,
1997)to verify the completed work and discuss if anything else needed to be done.
.lv»t
A motion was then made by Ed Pelkey, seconded by Ken Rogosheske and unanimously
carried to assess Coalition Partnership represented by Mitch Trager$108.66
administrative costs. Code Enforcement Officer Grunewald was directed to meet with Mr.
Trager at 9:00 a.m. on November 6, 1997 to verify compliance with the Code as reported.
Chairman Martin asked Mr. Trager if he understood what had taken place and Mr. Trager stated
that he understood.
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Case No.97-6724-Christopher Allen, Aloha Landscaping Service- 49 Ardella Road. The
owner of the property is a repeat violator in violation of Chapter 12, Sections 12-1-3, 12-1-7, 12-
1-8, Chapter 21, Section 21-24 and Chapter 24, Section 24-11 in that there exists on the
premises the following condition(s): rubbish and trash deposited on the property,outside
storage, abandoned vehicles,car parts,and the property is a health, safety and welfare
violation.
Christopher Allen, resident of 504 Declaration Drive, Jacksonville Beach, Florida and owner of
Aloha Landscaping Service,appeared before the Code Enforcement Board.
Chairman Martin asked Mr. Allen if he admitted to or denied the allegations brought
against him. Mr.Allen stated the allegations as stated were true.
A motion was made by Ken Rogosheske seconded by Lou Etta Waters and unanimously
carried to find Christopher Allen of Aloha Landscaping Service guilty of violating
Chapter 12, Sections 12-1-3, 12-1-7, 12-1-8, Chapter 21, Section 21-24 and Chapter 24,
Section 24-11.
41, Code Enforcement Official Grunewald reported that as of 2:30 p.m. this afternoon,the property
looked like a park and everything had been cleaned up and it was in compliance. Mr. Grunewald
recommended no fine at this time because the property in question had not previously been
brought before the Board. Code Enforcement Officer Grunwald then recommended that if Mr.
Allen is found to be in violation again, the Board impose a$500.00 per day fine against said
property from the day the property is cited until compliance is reached to the satisfaction of the
Code Enforcement Officer.
A motion was then made by Ken Rogosheske,seconded by Lou Etta Waters and
unanimously carried to assess Aloha Landscaping Service$115.87 administrative costs. If
Mr. Allen is found to be in violation again, a fine of$500.00 per day will be imposed against
said property from the day the property is cited until compliance is reached to the
satisfaction of the Code Enforcement Officer.
Chairman Martin asked Mr. Allen if he understood the Board's findings and he stated he
understood.
Case No. 97-6286 -Mansur Apturrahman-303 Atlantic Boulevard- Al's Pizza. The
owner of the property is in violation of Chapter 6, Section 6-108 and JEA Rules and Regulations
2.19 in that there exists on the premises the following condition(s): building numbers not
visible from the street and not permanently attached to the building.
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Mansur Apturrahman of 13395 Aqualine Road,Jacksonville,Florida and owner of Al's Pizza
located at 303 Atlantic Boulevard, appeared before the Board and admitted to the allegations as
stated.
A motion was made by Ed Rogosheske, seconded by Jim Pelkey and unanimously carried
to find Mansur Apturrahman guilty of violating Chapter 6,Section 6-108 and JEA Rules
and Regulations 2.19.
Code Enforcement Officer Grunwald stated the numbers had been placed under the building's
awning and were not visible from the street and a courtesy violation notice had been served on
the property. Mr. Grunewald reported the pizza shop is now in compliance.
A motion was made by Ed Martin,seconded by Jim Pelkey and unanimously carried not to
levy a fine,but to assess Mansur Apturrahman administrative costs of$79.80.
Case No. 97-6814 -Kevin Rissmiller-386 Sargo Road. The owner of the property is in
violation of Chapter 12 Section 12-1-3 and 12-1-7 in that there exists on the premises the
@ following condition(s): high grass and weeds in the front.yard and outside storage and
�r abandoned vehicles on the property.
Code Enforcement Officer Grunewald reported that Mr. Rissmiller had refused to accept the
Notice of Hearing and subpoena which had been sent certified mail and he would either post the
property or hand-deliver the notice. He then requested that Case No. 97-6814 be postponed until
the January Code Enforcement Board Meeting.
It was the consensus of the Board Members to do so.
5. REQUEST FOR LIEN ACTION:
Name Address Amount of Lien
C.J. Eiras 86 Ocean Boulevard $2,250.00
Action on this item took place under Case No. 97-6198 under Old Business.
6. BOARD MEMBER COMMENTS:
Chairman Ed Martin requested that election of a Co-Chairman be placed on the January 6, 1998
Code Enforcement Board agenda.
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A brief discussion ensued of the new method being used to conduct the meeting and Prosecuting
Attorney Green advised the Board of the procedure to follow.
7. ADJOURNMENT
There being no further discussion or business to come before the Board,the meeting adjourned at
8:00 p.m.
e.
G.E. Mart , !.rman
Code Enforcement Board
1 /Attttt'estt: •
Jfi a M. Brandt,lie Secretary