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1-07-97CITY OF A"l;LANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P.M., JANUARY 7, 1997 Call to order Pledge of Allegiance to the Flag Roll Call Approval of the minutes of the Regular Meeting held November 12, 1996. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda. 4. 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. Can No. 96 -0107 - Sarah and Charles Bratcher - property lying between West 9th Street and West 10th Street In May of this year the owner of the property was in violation of Chapter 12, Section 12-1-7 and 12-1-8 City of Atlantic Beach Code. As directed by the Board at the May 7, 1996 meeting, the Bratchers complied with the first part of the order to move the engine block and to repair the roof of the shed by June 7, 1996. They were given until November 15, 1996 to remove the boat from their property. As of December 11, 1996, the boat had been moved to adjacent property and an additional boat was placed on the property. Please refer to Mr. Grunewald's letter to Chairman Martin. Case No. 96 -4404-Thomas and Rhonda O'Connell -451 Camelia Street. The owner of the property is in violation of Chapter 12, Section 12-1-3 Code of the City of Atlantic Beach in that there exists on the premises located at 451 Camelia Street the following condition(s): property is a detriment to the safety of the community, i.e., dead pine trees in the yard threaten the safety of surrounding homes. The O'Connells refused service of Notice of Hearing on three different occasions. At the November 12, 1996 Code Enforcement Board Meeting, the Board agreed to the request to serve . notice by posting the property. Code Enforcement Officer Gnmewald posted the property. As of December 11, 1996, the trees remain on the property. Page -2- Agenda Code Enforcement Board Meeting January 7, 1997 Case No. 96 -4807-Yousuf Sultani-43 Stanley Road. The owner of the property is in violation of Chapter 12, Section 12-01-08 Code of the City of Atlantic Beach in that there exists on the premises located at 43 Stanley Road the following condition(s): trailer located at this site has become a detriment to the health, welfare and safety of the community. During the November 12, 1996 Code Enforcement Board Meeting, Mr. Sultani was given until December 2, 1996 to remove the debris from a derelict trailer. As of December 11, 1996 the property remains in non-compliance. Please refer to Mr. Cnunewald's letter to Chairman Martin. Case No. 96 -5305-Robert J. Stewart -348 Church Road. The owner of the property is a repeat violator Chapter 16, Section 16-3 and Chapter 12, Section 12-01-03 in that there exists on the premises located at 348 Church Road the following condition(s): failure to use trash receptacle and trash and garbage in the yard. During the November 12, 1996 Code Enforcement Board Meeting, Mr. Stewart was found to be a repeat violator and a fine of $25.00 per day was imposed effective from October 18, 1996 until such time as said property was found to be in compliance. The property was in compliance as of October 31, 1996 resulting in a $350.00 fine. Please refer to Mr. Grunewald's letter to Chairman • Martin. 5. NEW BUSINESS: None. REQUEST FOR LIEN ACTION: Name Address Amount of Lien 7.. BOARD MEMBER COMMENTS: 8. ADJOURNMENT 0 CCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES JANUARY 7,1997 Call to order: PRESENT: Edward Martin, Charman Ken Rogosheske Theo Mitchelson Heywood (Pete) Dowling Richard S. Mann AND: Suzanne Green, Prosecuting Attorney Alan C. Jensen, City Attorney Karl Gnmewald, 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 November 12, 1996 • A motion was made by Ken Rogosheske, seconded by Theo Mitchelson and unanimously carried to approve the Minutes of the Regular Board Meeting held November 12, 19%. Chairman Martin announced Kathleen Russell had resigned from the Board and the Mayor would make an appointment to fill the vacancy. It was also announced there would be a Special Called Meeting of the Board on Tuesday, January 28, 1997 at 7:30 PM. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda. No one wished to speak. 3. OLD BUSINESS: Chairman Martin read case hearing procedures for the following cases: #0107, #4404 and #4807 and all witnesses were swom in. Karl Grunwald, Code Enforcement Officer, reported on the following cases: Case No. 97-0107 - Sarah and Charles Bratcher - property lying between West 9th Street and West 10th Street 0 Prosecuting Attorney Green read the charges against the Bratchers and recommended assessing a Minutes Page -2- January 7, 1997 fine lienable to the property. Code Enforcement Officer Grunewald passed out photographs showing the shrimp boat had been placed on a trailer and moved next to the house, but had not been removed from the property by the November 15, 1996 deadline set by the Board. He then reported this matter was being brought back before the Board due to the magnitude of the fine of $250.00 per day being levied against the property. Charles Bratcher spoke to the Board and stated the boat was legally parked on a trailer next to his home and had been moved from the property he no longer owned in Block 67. Mr. Grunwald explained Mr. Bratcher had not sold that part of his property on which the shrimp boat was located when the case was first brought before the Board on May 7, 1996. Prosecuting Attorney Green asked Mr. Bratcher if the boat was on a titled, licensed boat trailer and Mr. Bratcher stated that it was not licensed at this time. He further stated the shrimp boat was a federally registered vessel legally parked on his property. Board Member Rogosheske asked Mr. Bratcher if he understood the Findings of Fact issued by the Board in May. Mr. Braucher stated he understood the Findings of Fact and had been advised by his attorney the boat was now legally parked on his property. Chairman Martin stated the shrimp boat had not been repaired, had not been removed from the property and was not on a licensed trailer. He then asked Mr. Bratcher how much time was needed to repair the boat considering he had been given from May 7, 1996 to November 15, 1996 to repair and remove the boat and now an additional fifty-three (53) days had gone by and the boat still had not been dealt with. Mr. Bratcher stated the man he had contacted to repair the boat had not come to do the work. A motion was made by Theo Mitchelson, seconded by Ken Rogosheske and unanimously carried to find Mr. Bratcher in violation of Chapter 12, Section 12-01-07 of the Code of the City of Atlantic Beach. After some discussion of the original fine of $250.00 per day, Chairman Martin recommended the fine be reduced to $25.00 per day for each day the violation continues past the November 15, 1996 deadline to remove the boat. Mr. Bratcher informed that the Board did not want the shrimp boat destroyed, but removed from the property as stipulated in the May 7, 1996 Findings of Fact. A motion was made by Richard Mann to reduce the fine to $15.00 per day for each day the violation continues past the November 15, 1996 compliance date. This motion died for lack of a second. 4V Minutes Page -3- January 7, 1997 A motion was then made by Chairman Edward Martin, seconded by Ken Rogosheske and carried by a three to two vote, with Board Members Mitchelson and Mann voting nay, to reduce the fine from $250.00 per day to $25.00 per day continuing until the property is brought into compliance. Chairman Martin asked Mr. Bratcher if he had any questions, and Mr. Bratcher questioned why he was being fined for having what he believed to be a legally parked boat on a trailer in his yard and called the Board's action unfair and unjust. Prosecuting Attorney Green advised that an amendment to the previous order was required indicating the reduction in fine. Case No. 96 -4404-Thomas and Rhonda O'Connell -451 Camelia Street The owner of the property is in violation of Chapter 12, Section 12-1-3 Code of the City of Atlantic Beach in that there exists on the premises located at 451 Camelia Street the following condition(s): property is a detriment to the safety of the community, i.e., dead pine trees in the yard threaten the safety of surrounding homes. Code Enforcement Officer Grunewald reported the owners of the property had again refused service of notice to appear before the Code Enforcement Board and stated that he was requesting the Board's permission to serve notice by posting the property and placing a notice at City Hall as allowed in Florida Statutes 162.12(b)1. It was pointed out the first posting of the property served as notice of the violation. The Board agreed to the request and directed Mr. Grunewald to post the notice on the property and at City Hall. A motion was made by Ken Rogosheske, seconded by Lou Etta Waters and unanimously carried directing Code Enforcement Officer Grunewald to serve notice by posting the property and placing a notice at City Hall. Mr. Hromco who had been subpoenaed as a witness was present and Board Member Mitchelson asked if the Board could hear testimony concerning the case. Prosecuting Attorney Green advised the Board could not hear evidence without having served proper notice and the O'Connells present to hear the testimony. The Board thanked Mr. Hromco for coming and he stated he would be present at the next meeting. Case No. 96 -4807-Yousuf Sultani-43 Stanley Road. The owner of the property is in violation of Chapter 12, Section 12-01-08 Code of the City of Atlantic Beach in that there exists Gon the premises located at 43 Stanley Road the following condition(s): trailer located at this site Minutes Page 4 - January 7, 1997 has become a detriment to the health, welfare and safety of the community. Chairman Martin read the charges against Mr. Sultani and Code Enforcement Official Grunewald was sworn in to give testimony. Code Enforcement Official Grunwald reported that as of today's date Mr. Sultani was in compliance. However, he had failed to remove the debris and trash from his property by December 2, 1996 date set by the Board and now faced a $50.00 per day fine for the thirty-six days the property was in non-compliance beyond said date. Chairman Martin inquired what had been accomplished on the property. Mr. Sultani stated the trailer was gone, but the debris had not been completely cleaned up because his mother became ill and he had to go to Virginia for twenty days. Chairman Martin then asked Code Enforcement Official Grunewald what was left on the property after the December 2, 1996 date and was told the debris and trash were stacked on the right-of- way but there was no garbage pick up to the property and it remained on the site. Mr. Gnmewald further stated that the property is now in compliance and recommended a reduced fine for Mr. Sultani. LSome discussion ensued and Board Member Mitchelson stated that he believed effort was being made and Mr. Sultani had not tried to circumvent the Board's order. Chairman Martin concurred with Mr. Mitchelson and stated he believed the $1,800.00 fine was out of order. A motion was made by Richard Mann, seconded by Theo Mitchelson and unanimously carried to suspend the $1,800.00 fine and impose a one time fine of $100.00 because said property was in non-compliance after the December 2, 1996 date for compliance, and as of today's date was in compliance. The Board also directed that the previous order be amended to reflect the change. Mr. Sultani stated that he believed he should be subject to no fine because the illness of his mother was beyond his control. Chairman Martin stated the Board recognized his efforts by reducing the fine. Case No. 96 -5305-Robert I Stewart -348 Church Road. The owner of the property is a repeat violator Chapter 16, Section 16-3 and Chapter 12, Section 12-01-03 in that there exists on the premises located at 348 Church Road the following condition(s): failure to use trash receptacle and trash and garbage in the yard. Prosecuting Attorney Green reported Mr. Stewart was a repeat violator of Chapter 16, Section 16-03 and Chapter 12, Section 12-01-03 of the Code, and he had been properly served notice of Lthe violations. Minutes Page -5- January 7, 1997 Referring to a memo written by Code Enforcement Official Gnmewald, Chairman Martin related that the property had not been cleaned up by the October 18, 1996 date as ordered, but was brought into compliance as of October 31, 1996, resulting in a fine of $350.00. Mr. Stewart stated that neighborhood dogs had been strewing his garbage about the property, but he now had the problem resolved and understood he was to keep his property clean. After a brief discussion, a motion was made by Chairman Ed Martin, seconded by Board Member Ken Rogosheske and unanimously carried to suspend the $350.00 fine and impose a one time fine of $100.00. If the property comes into non-compliance again, the Board directed that a $25.00 per day fine be imposed until such time as said property is found to be in compliance to the satisfaction of the Code Enforcement Officer. Considerable discussion ensued concerning possible fines to be imposed and the maximum fine the Code Enforcement Board could levy for a repeat violation. 4. NEW BUSINESS: None. 6 6. REQUEST FOR LIEN ACTION: Name Address Amount of Lien 7.. BOARD MEMBER COMMENTS: None. 8. ADJOURNMENT There being no further business or discussion to come before the Board, the meeting was adjourned at 8:15 PM. �} G.E. Martin, Cha man Code Enforcement Board Attest OU to Mlie M. Brandt, Secretary