9-02-97 CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD AGENDA
7:30 P.M., SEPTEMBER 2, 1997
Call to order
Pledge of Allegiance to the Flag
Roll Call
I. Approval of the Minutes of the Regular Meeting held April 29, 1997 and the Special
Called Meeting held June 10, 1997.
2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda
3. OLD BUSINESS:
t Code Enforcement Official Karl Grunewald will present follow-up reports on the following
�r properties:
Case No. 96-4629-Willie Knight- 790 Sailfish Drive. The owner of the property is in
violation of the Standard Plumbing Code Sections 601.2 and 604.3 and Chapter 22, Sections 22-
41 and 22-29, Failure to Pay Past Due Bill of the Code of the City of Atlantic Beach in that there
exists on the premises located at 790 Sailfish Drive the following condition(s): failure to be
connected to an approved water system and failure to pay past due water bills.
During the July 2, 1996 Code Enforcement Board Meeting, Mr. Knight was found to be a repeat
offender in violation of the Standard Plumbing Code and Chapter 22, Sections 22-41 and 22-29 of
the Code of the City of Atlantic Beach. The Board voted to imposed a one time$500.00 fine on
Mr. Knight for said violations and to remove the water meter serving the property as of July 3,
1996 to eliminate the possibility of a cross-connection.
The property was sold in June and the $500.00 lien was paid at that time.
Case No. 97-4237-Limy C. Lane, 1970 Park Street. The owner of the property is in violation
of Chapter 12, Section 12-01-08 of the Code of the City of Atlantic Beach in that there exists on
the premises located at 1970 Park Street the following condition(s): The building has fallen into
a state of disrepair and is in an unsanitary and unsafe condition. It appears the owner has
abandoned the property.
f
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Code Enforcement Board
September 2, 1997
During the April 29, 1997 Code Enforcement Board Meeting, Linzy C. Lane was found to be in
violation of Chapter 12, Section 12-01-08 of the Code. The Board gave Mr. Lane until May 5,
1997 to secure the house in a manner approved by the Code Enforcement Official. If the property
is in non-compliance after that date, a fine of$10.00 will be levied and continued until compliance
is reached to the satisfaction of the Code Enforcement Official.
Mr. Lane complied with the Board's order to secure the building prior to the May 5, 1997
deadline and no daily fine was imposed. However, Don Ford, in his capacity as Building
Official, has initiated condemnation proceedings against the property.
Case No.97-6198 Ernest"Rocky" Russell (owner)and C. J. Elms (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
6 Statute 823.05 Places Declared a Public Nuisance in that there exists on the premises located at
�r 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. Eras,
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
Enforcement Officer. The Board also voted to assess an amount equal to 50% of the verified
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
L $3,761.78).
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September 2, 1997
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 lune 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, 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.
4. NEW BUSINESS:
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.
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.
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.
Case No. 97-5133-Paul Ferber, Shoppes of North Shore- 363 Atlantic Boulevard 83. 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.
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.
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`r Code Enforcement Board
September 2, 1997
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.
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.
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.
E Case No. 97-6311 - San Hung Tong-434 Skate Road. The owner of the property is a repeat
�r 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.
5. REQUEST FOR LIEN ACTION:
Name Address Amount of Lien
C.J. Eiras 86 Ocean Boulevard $1,000.00
6. BOARD MEMBER COMMENTS:
7. ADJOURNMENT
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
SEPTEMBER 2, 1997
Call to order: PRESENT: Edward Martin, Chairman
Ken Rogosheske
Theo Mitchelson
Lou Etta Waters
Richard S. Mann
Tammy Deitchman
ABSENT: Lou Etta Waters
AND: Suzanne Green, Prosecuting Attorney
Alan C. Jensen, City Attorney
Karl Grunewald, Code Enforcement Officer
Julie M. Brandt, Secretary
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 April 29 and June 10, 1997
The minutes of the Regular Code Enforcement Board Meeting of April 29, 1997 and the
Special Called Meeting of June 10, 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:
Case No. 96-4629 -Willie Knight- 790 Sailfish Drive. The owner of the property is in
violation of the Standard Plumbing Code Sections 601.2 and 604.3 and Chapter 22, Sections 22-
41 and 22-29, Failure to Pay Past Due Bill of the Code of the City of Atlantic Beach in that there
exists on the premises located at 790 Sailfish Drive the following condition(s): failure to be
connected to an approved water system and failure to pay past due water bills.
Code Enforcement Official Grunewald recounted the following action of the Code Enforcement
Board: During the July 2, 1996 Code Enforcement Board Meeting, Mr. Knight was found to be a
L repeat offender in violation of the Standard Plumbing Code and Chapter 22, Sections 22-41 and
22-29 of the Code of the City of Atlantic Beach. The Board voted to imposed a one time
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September 2, 1997
$500.00 fine on Mr. Knight for said violations and to remove the water meter serving the
property as of July 3, 1996 to eliminate the possibility of a cross-connection.
Code Enforcement Official Grunewald further reported the property was sold in June of 1997
and the $500.00 lien plus interest was paid at that time.
Case No. 97-4237-Linzy C. Lane, 1970 Park Street. The owner of the property is in violation
of Chapter 12, Section 12-01-08 of the Code of the City of Atlantic Beach in that there exists on
the premises located at 1970 Park Street the following condition(s): The building has fallen
into a state of disrepair and is in an unsanitary and unsafe condition. It appears the owner
has abandoned the property.
To update the Board, Code Enforcement Official Grunewald reported that during the April 29,
1997 Code Enforcement Board Meeting, Linzy C. Lane was found to be in violation of Chapter
12, Section 12-01-08 of the Code, and the Board gave Mr. Lane until May 5, 1997 to secure the
house in a manner approved by the Code Enforcement Official, and it was determined if the
t property was in non-compliance after that date, a fine of$10.00 would be levied and continued
until compliance is reached to the satisfaction of the Code Enforcement Official. It was further
reported that Mr. Lane complied with the Board's order to secure the building prior to the May
5, 1997 deadline. However, Don Ford, in his capacity as Building Official, has initiated
condemnation proceedings against the property.
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
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.
To recap the Eiras Case, Code Enforcement Official Grunewald reported that 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,
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September 2, 1997
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 Enforcement Officer. The
Board also voted to assess an amount equal to 50%of the verified 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).
Code Enforcement Official Grunwald then presented Incident Reports from the Atlantic Beach
Police Department and the Jacksonville Beach Police Department indicating numerous persons
visiting the premises on June 12, 13, 14,26, 27, and 28 and again on July 3, 4, and 5, 1997. Mr.
Grunwald pointed out that the report from the Jacksonville Beach Police Department covering
fir
June 26 and 27, 1997 substantiated what was going on inside the building , whereas the others
were surveillance reports.
After a brief discussion, a motion was made by Theo Mitchelson,seconded by Pete Dowling
and unanimously carried to find Mr. Eiras in violation of the Board's order of June 10,
1997 and fine C.J. Eiras$250.00 per day for nine (9) days of operating without proper
licenses and permits for a total fine of$2,250.00. Some further discussion ensued and it was
determined that if the fine is not paid within thirty days, the matter will be brought before the
Code Enforcement Board on November 5, 1997 for lien action.
Code Enforcement Official Grunewald further reported that the deadline to pay the $1,000.00
administrative costs from the June 10, 1997 order was July 13, 1997, and as of this date the
invoice had not been paid. He then asked the Board's authorization to file a Claim of Lien in
the Circuit Court against Mr. Eiras for$1,000.00.
A motion was made by Theo Mitchelson,seconded by Pete Dowling and unanimously
carried to authorize filing of a Claim of Lien in the amount of$1,000.00 in the Circuit
Court against the personal property of C.J. Eiras.
4. NEW BUSINESS:
Case No. 97-6468 - Michael Banks - 731 Begonia Street. Michael Banks,occupant of the
41, property owned by Larry Lively, is in violation of Chapter 12, Section 12-1-6 of the Code of the
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September 2, 1997
City of Atlantic Beach in that there exists on the premises the following condition(s): trash and
other items stored in the front yard.
Chairman Ed Martin explained the Code Enforcement Board, by law, is allowed to charge
administrative costs for processing each case and each case being presented could be charged
administrative costs of$93.73.
Chairman Martin then read the case procedures and all witnesses in the cases were sworn in.
Prosecuting Attorney Green read the charges and explained that Michael Banks was the owner of
the property, not Larry Lively, as listed in the case presentation and notice of hearing sheets.
Code Enforcement Official Grunewald verified that Michael Banks was the owner of the
property and passed out photographs showing the trash and other items stored in the front yard.
After viewing the photographs, Mr. Grunewald stated Mr. Banks was now in compliance except
for a washing machine stored on the front porch.
fir Mr. Banks viewed the photographs and stated the washing machine had been sold and was being
stored there until the new owner picked it up. A brief discussion ensued concerning the length of
time needed to get the washing machine removed from the front porch.
A motion was made by Chairman Martin and seconded by Theo Mitchelson and
unanimously carried to find Mr. Banks guilty of violating Section 12-1-6 of the Code. It
was decided not to levy a fine, to assess Mr. Banks $93.73 in administrative costs, and give
Mr. Banks until 5:00 p.m., Thursday, September 4, 1997 to remove the washing machine
from his front porch.
A brief discussion ensued and an amendment to the motion was made by Theo Mitchelson,
seconded by Ken Rogosheske and unanimously carried to levy a fine of $50.00 per day
against said property for every day the washing machine remains on the front porch after
said compliance date until brought into compliance to the satisfaction of the Code
Enforcement Official.
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.
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September 2, 1997
Prosecuting Attorney Green explained the charges against Mr. Covelli and stated it was his first
time before the Code Enforcement Board but not his first offense because there had been other
complaints against the property.
Code Enforcement Official Grunewald passed out photographs showing the high grass and weeds
and explained the timetable involved in notifying Mr. Covelli of his violations.
Prosecuting Attorney Green called Danny Culler of 744 Aquatic Drive, a neighbor of Mr.
Covelli,who testified of 6'high weeds and rats coming from the property.
Mr. Covelli admitted what was said was true but cited family illnesses in 1993 and 1997 which
kept him in Wisconsin for long periods of time. He reported the property had been cleaned up on
Wednesday,August 27, 1997 and was now in compliance, and Code Enforcement Official
Grunewald concurred this was true.
After some further discussion, a motion was made by Ken Rogosheske,seconded by Richard
Mann and unanimously carried to find Mr. Covelli guilty of violating Section 12-1-3 of the
Code, not to levy a fine and assess Mr. Covelli$93.73 administrative costs. If Mr. Covelli is
found to be in violation again, a fine of$100.00 per day will be imposed from the day the
property is cited until compliance is reached to the satisfaction of the Code Enforcement
Official.
Board Member Mitchelson asked Mr. Covelli if he understood the Board's ruling concerning the
possible $100.00 per day fine and he stated he did.
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.
Prosecuting Attorney Green read the charges against Michelle Fennick, owner of Beaches
Recycling, and stated Code Enforcement Official Grunwald would testify before the Board
concerning the history of the property.
Code Enforcement Official Grunewald passed out photographs showing a large dumpster and
trailer overflowing with discarded scrap metal,windows and doors. Mr. Grunewald stated he
had received numerous complaints from neighbors concerning the condition of the property and
continued that what started out as an aluminum can recycling business has possibly turned into a
metal salvage yard which would not be allowed. Mr. Grunewald explained the property is zoned
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Code Enforcement Board
September 2, 1997
Commercial General which does not permit outside storage. Mr. Grunewald concluded that as of
this date, the property is in compliance.
Michelle Fennick stated the property was cleaned up and explained the boxes which are now
outside the building are used for loading purposes and are brought in every night.
Michael Berry, the manager of Beaches Recycling, stated they were in violation of the ordinance,
but now try to load immediately and not have boxes of aluminum cans stored outside. He also
stated they would not be accepting aluminum windows,doors and other scrap metal.
Board Member Mitchelson inquired if this practice created a zoning problem and was told there
was a problem if the boxes stayed outside the building but if they were in transit, that was okay.
After a brief discussion, a motion was made by Theo Mitchelson,seconded by Ken
Rogosheske and unanimously carried to find Michelle Fennick, owner of Beaches
Recycling guilty of violating Section 12-1-7 of the Code.
A motion was then made by Ken Rogosheske,seconded by Ed Martin and unanimously
carried to assess Ms. Fennick $93.73 administrative costs, and should the property come
in violation again, impose a fine of$100.00 per day against said property from the day the
property is cited until compliance is reached to the satisfaction of the Code Enforcement
Official.
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.
Prosecuting Attorney Green explained the charges against Mr. Ferber. Code Enforcement
Official Grunewald stated Mr. Ferber was first notified of the violation on September 16, 1996,
and on July 1, 1997 two signs were installed, but not the sign for the third parking space. Code
Enforcement Official Grunewald further stated the property was in compliance as of 3:30 p.m.
today when a temporary sign was installed.
Mr. Ferber apologized for the untimely manner in which the request was handled and for the
sign installers and stated the temporary sign would be replaced with a wooden routed sign to
match the others.
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September 2, 1997
A motion was made by Chairman Martin,seconded by Pete Dowling and unanimously
carried to find Mr. Ferber guilty of violating Section 4.6.4 of the Accessibility Code. A
motion was then made by Chairman Martin,seconded by Tammy Deitchman and
unanimously carried not to levy a fine,to assess Mr. Ferber$93.73 in administrative costs,
and if Mn Ferber is found to be in violation again, impose a fine of$100.00 per day against
said property from the day the property is cited until compliance is reached to the
satisfaction of the Code Enforcement Official.
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 (2) a and d 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.
Prosecuting Attorney Green read the charges against Atlantic Theaters and explained the
411/ Prosecuting
Jim Klement,representing Atlantic Theaters, stated that Atlantic Theaters had delayed the
project in anticipation of co-developing the site with the prospective new tenant of the old Pic
Ti Save property. Mr. Klement further stated they had appeared before the Community
Development Board on August 19, 1997 and were given sixty days to complete the project,
which includes the installation of a five foot buffer strip , five palm trees and three other trees.
Mr. Klement assured the Board the project would definitely be completed by the end of the sixty
day time period.
A motion was made by Chairman Martin, seconded by Pete Dowling and unanimously
carried to defer action on said violation until the regularly scheduled November 4, 1997
Code Enforcement Board Meeting.
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.
Prosecuting Attorney Green read the charges against Mr. McLaurin and stated Code Enforcement
Official Grunewald would present evidence of the violation. Code Enforcement Official
t
`, Grunwald passed out photographs showing the dead tree.
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Code Enforcement Board
September 2, 1997
Mr. McLaurin appeared before the Board and stated he was separated from his wife in April and
did not live at the 571 Camelia Street address. He further stated his wife had accepted service of
the notice on April 14, 1997, but did not notify him of the violation until mid May. Mr.
McLaurin admitted his guilt, declared a financial hardship and asked for a forty-five day
extension to remove the tree. Mr. McLaurin further stated he had received estimates to have the
tree removed and was getting a second job and thought he could save enough money to have the
tree removed by then.
Board Member Dowling inquired if the tree presented a safety problem and Code Enforcement
Official Grunewald stated the tree did in fact endanger the home at 571 Camelia and the
surrounding homes.
Becky Weber,whose husband owns a tree service and was present in the audience, stated his
company allows time payments on tree removals and would be willing to help Mr. McLaurin in
getting the tree removed.
` A motion was made by Chairman Martin,seconded by Theo Mitchelson and unanimously
�r carried to find Mr. McLaurin guilty of the violation of Chapter 12,Section 12-1-6. The
Board voted not to levy a fine, to assess Mr. McLaurin $93.73 in administrative costs, and
give Mr. McLaurin until 5:00 p.m.,Wednesday, September 17, 1997 to remove the dead
tree from said property. If the dead tree remains in the rear yard after that time,a fine of
$25.00 per day will be levied against said property until compliance is reached to the
satisfaction of the Code Enforcement Official.
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
and Chapter 17,Unpermitted Signs 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.
Prosecuting Attorney Green read the charges against Mr. Omeara and deferred explanation to
Code Enforcement Official Grunewald.
Code Enforcement Official Grunewald passed out photographs showing what appeared to be
used merchandise displayed outside of the building and an angle sign in front which was in
violation.
Becky Weber, daughter of the Omearas, appeared before the Board as their representative. Mrs.
Weber stated she had invoices proving the items displayed outside of the building were new
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Code Enforcement Board
September 2, 1997
reproductions of antiques. Mrs. Weber indicated the used merchandise was kept inside the
building and the antique reproductions displayed outside. Concerning the sign,Mrs. Weber
explained an existing sign was painted over and she thought it was approved by someone at City
Hall.
Code Enforcement Official Grunewald stated the "For Sale" sign was a permitted sign, but not
the angle sign indicated in the photo.
Some discussion ensued concerning whether the displayed merchandise outside the building was
new. Mrs. Weber stated it was new, however, she did not want the prices paid for the
merchandise made public. Chairman Martin directed Code Enforcement Official Grunewald to
look at the invoices and Mrs. Weber concealed the price from view. Mr. Grunewald then
confirmed the merchandise was new. After some further discussion,the Board directed Code
Enforcement Official Grunwald to check the displayed items at the place of business from time
to time to verify they are new.
A motion was made by Pete Dowling, seconded by Ed Martin and unanimously carried
directing John Omeara to obtain a sign permit to be in compliance with Chapter 17 of the
Code.
A motion was then made by Theo Mitchelson,seconded by Richard Mann and
unanimously carried to find Mr. Omeara in compliance with Chapter 24, Section 24-154
due to the fact it was proven Mr. Omeara was not selling used merchandise in front of his
building, not to levy a fine and to waive the administrative fee..
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.
Prosecuting Attorney Green read the charges against Mr. Shields. Code Enforcement Official
Grunewald passed out photographs of the boat. It was explained that John Shields was the
absentee owner of the property and the property had been cited eight time since 1993 for garbage,
trash, weeds,boats and cars. Mr. Grunewald further stated the boat was still in the front yard as
of 3:30 p.m. today.
Tim Hoey,who rents the property, appeared before the Board and stated he could not get the boat
in the rear yard had no other place to store the boat. Mr. Hoey stated that there were vehicles
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Code Enforcement Board
September 2, 1997
and boats illegally parked in other yards in his neighborhood.
A motion was made by Pete Dowling,seconded by Theo Mitchelson and unanimously
carried to find John Shields, owner of the property,to be in violation of Chapter 24,
Section 24-163-2 of the Code.
A brief discussion ensued, and it was pointed out to Mr. Hoey that Code Enforcement Official
Grunewald was not selective in his enforcement of the Codes. Others in the area had been cited
and the vehicles/boats had been moved.
A motion was then made by Chairman Martin,seconded by Theo Mitchelson and
unanimously carried not to levy a fine, however Mr. Shields was assessed$93.73
administrative costs. Mr. Shields was given until 5:00 p.m.,Wednesday, September 17,
1997,to remove the boat with registration#FL9313HG from the front yard. If said boat
remains in front of the front yard setback line after that time,a fine of$100.00 per day will
be levied against said property until compliance is reached to the satisfaction of the Code
fir Enforcement Official.
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.
Prosecuting Attorney Green read the charges against Mr. Tong. Code Enforcement Official
Grunewald explained this is a rental property in continuous violation of Chapter 12, Section 12-
1-3 of the Code. He further explained Mr. Tong has evicted the current tenants and the property
was brought into compliance with the Code.
A motion was made by Chairman Martin,seconded by Theo Mitchelson and unanimously
carried to find Mr. Tong in violation of Chapter 12, Section 12-1-3 of the Code.
A motion was then made by Chairman Martin, seconded by Richard Mann and
unanimously carried not to levy a fine and to assess Mr. Tong$93.73 administrative costs.
If said property is found to be in non-compliance again, a fine of$100.00 per day will be
levied against said property beginning the day it is cited until compliance is reached to the
satisfaction of the Code Enforcement Official.
5. REQUEST FOR LIEN ACTION:
41, Name Address Amount of Lien
Minutes Page -11-
Code Enforcement Board
September 2, 1997
C.J. Eiras 86 Ocean Boulevard $1,000.00
Board action on the requested lien occurred under Old Business, Case No. 97-6198.
6. BOARD MEMBER COMMENTS:
There were no Board Member comments.
7. ADJOURNMENT
There being no further discussion or business to come before the Board,the meeting adjourned
at 9:50 PM.
G.E. Martin, C ai
Code Enforcement Board
Attest:
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Ju e M. Brandt, Secretary
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