3-04-97 CITY OF ATLANTIC BEACH
• CODE ENFORCEMENT BOARD AGENDA
7:30 P.M., MARCH 4, 1997
Call to order
Pledge of Allegiance to the Flag
Roll Call
1. Approval of the Minutes of the Regular Meeting held January 7, 1997 and the Special
Called Meeting held January 28, 1997.
2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda
3. OLD BUSINESS:
The following information contains a report of compliance relative to old business of the Board.
If a Board Member has questions or would like further information regarding any of the reports;
the Code Enforcement Officer will be happy to respond to questions at the meeting.
Case No. 97-5532-Puke Home Corporation/North Florida Classic Homes-West 5th Street.
The owner of the property is in violation of Chapter 23, Section 23-17 Code of the City of
Atlantic Beach in that there exists on the premises located at West 5th Street the following
condition(s): trees were removed from the property not authorized for removal by the Tree
Conservation Board - clear cut the property.
Code Enforcement Official Grunewald will present a report on this property.
4. NEW BUSINESS:
Case No. 97-5489-Gordon Ogburn, 440 Ocean Boulevard. The owner of the property is in
violation of Chapter 24, Section 157 and Chapter 24, Section 24-65-(c) Code of the City of
Atlantic Beach in that there exists on the premises located at 440 Ocean Boulevard the following
condition(s): a fence over six feet prohibited and permit required i.e., the fence is over six
feet tall and no permit for installation is on file.
1
5. REQUEST FOR LIEN ACTION:
k
Name Address Amount of Lien
6. BOARD MEMBER COMMENTS:
7. ADJOURNMENT
•
0
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
MARCH 4, 1997
Call to order: PRESENT: Edward Martin, Chairman
Ken Rogosheske •
Theo Mitchelson
Heywood(Pete)Dowling
Richard S. Mann
Tammy Dietchman
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 January 7, 1997 and January 28, 1997
The minutes of the Regular Code Enforcement Board Meeting of January 7, 1997 and the
Special Called Code Enforcement Board Meeting of January 28, 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. 97-5532-Pulte Home Corporation/North Florida Classic Homes-West 5th Street.
The owner of the property is in violation of Chapter 23, Section 23-17 Code of the City of
Atlantic Beach in that there exists on the premises located at West 5th Street the following
condition(s): trees were removed from the property not authorized for removal by the Tree
Conservation Board - clear cut the property.
Code Enforcement Official Grunewald reported Pulte Home Corporation had paid the $5,000.00
fine imposed by the Code Enforcement Board during the January 28, 1997 Special Called
Meeting. Mr. Grunewald further reported Pulte Homes had offered to plant trees in Section H,
as recommended by the Tree Board, and was in negotiations with them at this time. A follow-
,
I
Minutes Page -2-
Code Enforcement Board
March 4, 1997
up report will be presented at the next meeting.
4. NEW BUSINESS:
Case No. 97-5489-Gordon Ogburn, 440 Ocean Boulevard. The owner of the property is in
violation of Chapter 24, Section 157 and Chapter 24, Section 24-65-(c) Code of the City of
Atlantic Beach in that there exists on the premises located at 440 Ocean Boulevard the following
condition(s): a fence over six feet prohibited and permit required i.e., the fence is over six
feet tall and no permit for installation is on file.
Prosecuting Attorney Green read the charges against Mr. Ogburn and stated that he had been
properly served and the affidavit was presented.
Chairman Martin read the case procedures and Code Enforcement Officer Grunewald was sworn
in.
Code Enforcement Officer Grunewald recounted the following sequence of events related to
bringing the fence into compliance: December 9, 1996- spoke with Mr. Ogburn regarding the
fence height and gave him 15 days to bring it into compliance, January 8, 1997 - sent certified
letter regarding the fence and gave 5 days to comply, February 10, 1997 - certified letter sent to
appear at the Code Enforcement Board Meeting not picked up, February 18, 1997- fence
permit #13362 issued stipulating a fence height of six feet, February 23, 1997 - the fence was
brought into compliance, and February 24, 1997 - hand delivery of subpoena by Police
Department to appear was achieved. Mr. Grunewald concluded by stating it had taken seventy-
two days to bring the property into compliance.
Before and after photographs of the fence were passed out.
At this point in the meeting, Theo Mitchelson stated he would like to declare a conflict of interest
and abstain from voting on the issue because Mr. Ogburn was a client of his company.
City Attorney Jensen advised Mr. Mitchelson he could not declare a conflict of interest unless his
vote on this matter would result in a financial gain for himself. It was pointed out that a Conflict
of Interest form would have to be obtained and filed at the City Clerk's office should such a
conflict exist. A brief discussion of conflict of interest ensued and Mr. Mitchelson decided there
was no conflict.
Chairman Martin asked when the fence permit was issued and when the work was completed to
kio Minutes Page -3-
Code Enforcement Board
March 4, 1997
bring the fence into compliance. Code Enforcement Officer Grunewald stated the permit was
issued February 18, 1997, the fence was lowered on February 19, 1997 and all of the work was
completed by February 23, 1997.
Board Member Dowling then asked Code Enforcement Officer Grunewald if he was satisfied that
compliance had been reached. Mr. Grunewald stated he was satisfied and recommended the
Board find Mr. Ogburn in violation and that no fine be levied.
Chairman Martin then expressed consternation that the subpoena had been served, as evidenced
by the signed affidavit, and yet Mr. Ogburn was not present at the meeting. City Attorney Jensen
advised that Mr. Ogburn could be considered in default, much the same as in a civil case.
After some further discussion, a motion was made by Pete Dowling, seconded by Ken
Rogosheske and unanimously carried to find Mr. Ogburn in violation of Chapter 24,
Sections 157 and 65-(c) of the Code of the City of Atlantic Beach.
110 A brief discussion ensued concerning no fine could be levied since the property was brought into
compliance prior to the hearing. Prosecuting Attorney Green advised the Board the city's
administrative expenses for processing the case could be assessed to Mr. Ogburn.
After some discussion concerning these costs, a motion was made by Ed Martin, seconded by
Pete Dowling and unanimously carried to assess an amount of$100.00, due to the City of
Atlantic Beach within thirty days,for the city's administrative expenses involved in
processing the case.
After some further discussion, a motion was made by Ed Martin, seconded by Pete Dowling
and unanimously carried that if the property is found to be in violation in the future, a fine
of$25.00 per day will be imposed until the property is brought into compliance to the
satisfaction of the Code Enforcement Officer.
5. REQUEST FOR LIEN ACTION:
Name Address Amount of Lien
None.
• 6. BOARD MEMBER COMMENTS:
111, Minutes Page -4-
Code Enforcement Board
March 4, 1997
Code Enforcement Official Grunewald respectfully requested the Board Members change the May
6, 1997 regularly scheduled meeting to April 29, 1997 due to a planned vacation in Germany
scheduled to begin May 7, 1997. It was the consensus of the Board that there would be no
problem with the change, however, everyone wanted to check their calendars to make sure.
Chairman Martin asked Secretary Brandt to call the members in a few days to confirm their
attendance on the April date. Mrs. Brandt stated she would do so.
7. ADJOURNMENT
There being no further discussion or business to come before the Board, the meeting adjourned at
7:50 PM.
• G.E. Martin, Chaiinan
Code Enforcement Board
Attest:
5/001,Cit
ie M. Brandt, Secretary
S