Loading...
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 Agenda Page-2- 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). t Agenda Page-3- Code Enforcement Board 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. L Agenda Page -4- `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 C Minutes Page-2- Code Enforcement Board 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, C Minutes Page -3- (kr Code Enforcement Board 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 Minutes Page -4- Code Enforcement Board 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. LL Minutes Page -5- Code Enforcement Board 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 LL Minutes Page-6- 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. e Minutes Page -7- Code Enforcement Board 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. Minutes Page -8- 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 Minutes Page-9- 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 Minutes Page -10- 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: Q7 /2n'lilf Ju e M. Brandt, Secretary F