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1-28-97 CITY OF ATLANTIC BEACH 41, CODE ENFORCEMENT BOARD AGENDA Special Called Meeting 7:30 P.M., JANUARY 28, 1997 Call to order Pledge of Allegiance to the Flag Roll Call 1. 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. lir 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 five 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 Grunewald posted the property. As of December 11, 1996, the trees remained on the property. At the January 7, 1997 Code Enforcement Board Meeting, the Board agreed to Code Enforcement Officer Grunewald's request to Serve Notice of the Special Called Meeting by posting the property. Code Enforcement Officer Grunewald posted the property. 2. NEW BUSINESS: Case No. 97- 5531-Steven Rausch-301 Magnolia 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 301 Magnolia Street the following condition(s): trees were removed from the property not authorized for removal by the Tree Conservation Board. Case No.97-5532-Pulte Home Corporation/North Florida Classic Homes-West 5th Street. I Page-2- Agenda 1111. Special Called Meeting January 28, 1997 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. ADJOURNMENT S CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES Special Called Meeting 7:30 P.M., JANUARY 28, 1997 Call to order: PRESENT: Edward Martin, Chairman Ken Rogosheske Theo Mitchelson Heywood (Pete)Dowling Richard S. Mann Tammy Deitchman 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. Chairman Ed Martine introduced new Board Member, Tammy Deitchman, and thanked her for her willingness to serve on the Board. 1. 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. 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 Official Grunwald reported the trees had been removed, the property was now in compliance and no fine would be levied. Case No. 97-0107- Sarah and Charles Bratcher- property lying between West 9th Street and West 10th Street Minutes-Page -2- Special Called Meeting January 28, 1997 Code Enforcement Official Grunewald referred to the Board's amended order of January 7, 1997 concerning the property and reported the shrimp boat had been removed from the property resulting in a fine of$1,400.00 for the fifty-six (56) days the property was in non-compliance. 2. NEW BUSINESS: Case No. 97- 5531-Steven Rausch-301 Magnolia 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 301 Magnolia Street the following condition(s): trees were removed from the property not authorized for removal by the Tree Conservation Board. Chairman Martin read the case procedures for the case and Hope Van Nortwick, Chairperson of the Tree Conservation Board, Community Development Director George Worley and Code Enforcement Official Grunewald were sworn in as witnesses. Mr. Rausch stated he did not want to be sworn in at this time because he would not be addressing the issue and was waiting for his builder, Richard Thompson, to arrive at the meeting and represent him. Mr. Grunewald presented the background for the case explaining that Mr. Rausch had appeared before the tree board and agreed to mitigation in the amount of$4,700.00 for the trees removed from the lot. It was explained that a payment plan had been set up for Mr. Rausch and two payments had been made. Photographs were passed out showing the trees remaining on the property. Hope Van Nortwick, Chairperson of the Tree Conservation Board, was called as a witness. Ms. Van Nortwick explained after the original permit was issued, Mr. Rausch came back before the Tree Board to have the original mitigation reduced, but neither he nor a representative was present at the meeting. The Board looked over the application and found that an additional nine (9) trees, not on the original application, had been removed from the lot. The Board was recommending a fine of$25.00 per tree or $00.05 per square foot for the tree permit violation. Chairman Martin inquired if the Board was asking for this fine in addition to the $4,700.00 required for mitigation. Ms. Van Nortwick stated the Board was asking for the fine in addition to the mitigation requirement because Mr. Rausch was in violation of the ordinance by removing the trees, but recommend the low fine because of the $4,700.00 figure. At this point in the meeting Mr. Rausch was sworn in and stated his builder had not informed him of the additional trees being removed. Richard Thompson, builder of the Rausch home, arrived at the meeting at 8:10 and was sworn in. Mr. Thompson explained an honest mistake was made in making the tree survey stating the survey stakes were five feet off the pins causing the problem for the two lots being developed 4 Minutes -Page -3- Special Called Meeting January 28, 1997 simultaneously. Due to the survey error, six trees were saved on the adjoining lot but four or five trees, not nine trees as reported by the Tree Board, were cut down in error on Mr. Rausch's lot. It was also reported that two dead pine trees had been listed on the survey and two additional dead trees found. Mr. Thompson continued by stating he was due a credit for the two additional dead trees. Chairman Martin pointed out the Code Enforcement Board did not have the power to grant him credit for the dead trees and he would have to take that matter up with the Tree Board. Mr. Martin then recapped what had happened on the two lots and asked for Board comments. Board Member Dowling stated he believed the burden of proof for accuracy in the number of trees cut down was on Mr. Thompson. Mr. Dowling continued by stating Mr. Thompson needed all four irons to make a correct survey, the lack of which resulted in the inaccuracy. Mr. Dowling stated he would go with the Tree Board's determination that nine(9)trees had been cut down. After some further discussion, a motion was made by Theo Mitchelson, seconded by Pete Dowling and unanimously carried to find Mr. Rausch in violation of Chapter 23, Section 23-17 of the Code of the City of Atlantic Beach. A motion was made by Chairman Ed Martin, seconded by Board Member Ken Rogosheske and unanimously carried to levy a one time fine of$250.00 against the property, payable to the City of Atlantic Beach within thirty days. 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. Representatives from Pulte Homes, including Cliff Gray, Project Manager, were sworn in. Prosecuting Attorney Green read the charges against Pulte Home Corporation and recommended a$5,000.00 fine, the highest which may be imposed, due to the irreversable damage imposed by clear cutting the property. Mr. Van Nortwick stated the permits were denied because when the Board went to view the site on December 2, 1996, the property had already been clear cut with only three trees remaining on try the site. Minutes-Page -4- Special Called Meeting January 28, 1997 Some discussion ensued concerning replacement of trees instead of monetary mitigation. Hope Van Nortwick stated the builder knew the City Code requirements because he does work in the city. Cliff Gray, Project Manager for Pulte Home Corporation, stated he was new to the area and admitted to clear cutting the property as charged. He further stated four(4) oak trees and two (2) pine trees were in the house pad and would have been removed anyway. Community Development Director Worley explained the tree survey process to the Board using the lot square footage as a basis for the fine. A motion was made by Board Member Ken Rogosheske, seconded by Board Member Pete Dowling and unanimously carried to find Puke Home Corporation a/k/a North Florida Classic Homes in violation of Chapter23, Section 23-17 of the Code of the City of Atlantic Beach. Some discussion ensued concerning planting trees instead of a fine. Board Member Mitchelson stated Pulte Home Corporation was a good company who made a big mistake. Board Member Rogosheske concurred and stated the Board needs to set an example to keep this type of action from happening again. A motion was made by Board Member Theo Mitchelson, seconded by Chairman Ed Martin and unanimously carried to fine Pulte Home Corporation a/k/a North Florida Classic Homes $5,000.00. Some discussion ensued concerning the procedure to following if consideration is given to reducing the fine. City Attorney Alan Jensen advised setting the fine, having the company meet with the Tree Conservation Board to determine mitigation and then consider a reduction or deferral of the fine. After some further discussion an amendment to the motion was made by Chairman Ed Martin, seconded by Board Member Ken Rogosheske and unanimously carried to review the case at the next Code Enforcement Board meeting to consider a possible reduction in the fine based on the agreement reached with the Tree Conservation Board for mitigation. I I Minutes -Page -5- Special Called Meeting January 28, 1997 3. ADJOURNMENT There being no further discussion or business to come before the Board, the meeting adjourned at 8:40 PM. A. . G. E. Martin, Chai n Code Enforcement Board Attest: 00 Btacrld±' Jtilie M. Brandt, Secretary •