01-07-97 Agenda PacketCITY OF
> rtic
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE (904) 247-5800
FAX (904) 247-5805
SUNCOM 852-5800
December 30, 1996
MEMO TO: MEMBERS OF THE CODE ENFORCEMENT BOARD
ALAN JENSEN, CITY ATTORNEY
SUZANNE GREEN, PROSECUTING ATTORNEY
KARL GRUNEWALD, CODE ENFORCEMENT OFFICER
FROM: JULIE BRANDT, SECRETARY
REFERENCE: NEXT BOARD MEETING
TUESDAY, JANUARY 7, 1997
There will be a meeting of the Code Enforcement Board on Tuesday,
January 7, 1997, at 7:30PM in the Commission Chambers at City Hall.
Enclosed is your agenda packet and a copy of the minutes of the
meeting held November 12, 1996.
If you have any questions or are unable to attend the meeting
please contact Donna Sasser or me at 247-5810.
Sincerely,
Julie M. Brandt
Secretary
/Enclosures
December 11, 1996
Edward Martin
Chairman, Code Enforcement Board
City of Atlantic Beach
Case # 96- -5305 , Robert I Stewart, 348 Church Road
The board directed Mr. Stewart would pay a $25.00 per day fine effective October 18, 1996.The
violator proceeded to clean the property and as of October 31, 1996 the property was in
compliance to the satisfaction of the code enforcement officer.
The present fine is $350.00 ,it is the recommendation of the code enforcement officer that the fine
be reduced to half as permitted in >F. S. s. 162.09(2)(c). Should the violation re occur the violator
would be subject to a $25.00 per day fine from the date the property is found in non compliance
by the code enforcement officer
Respectfully,
Karl W. Grunewald
Code Enforcement Officer
CODE ENFORCEMENT BOARD
CITY • • ATLANTIC BEACH,• •
CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 96 -5305
Petitioner, )
VS. ) SUBPOENA
Respondent.
STREETTO: NAME: ROBERT J- STEWART
•••D
CITY ATLANTIC • a
STATE FL 32233
GREETINGS:
YOU ARE HEREBY COMMANDED to be and appear before the Code
Enforcement Board of the City of Atlantic Beach, Florida at City
Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the
7TH day of JANUARY 1997 at 7:30, p, m. in reference to
violation of Section(s): CHAPTER 12, SECTION 12-01-03 AND CHAPTER
16, SECTION 16-03 CODE OF THE CITY OF ATLAN'T'IC BEACH; LOCATION OF
VIOLATION: 348 CHURCH ROAD
Failure to appear subjects you to penalty of law.
Dated this 16TH day of DECEMBER , 1996.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
BY1�
Secretary
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
December••.
Mr- Rob- teWart
iI
348 Church Road
ATI.=Tc REACH, FL. 322aa
Dear Mr. Stewart:
The Code Enforcement Board of the City of Atlantic Beach was
created pursuant to Florida Statutes and exists for the purpose of
facilitating the enforcement of the Code of Ordinances. It is
comprised of seven citizens, residents of Atlantic Beach, who meet
regularly to hear allegations of code violations.
You are hereby notified and ordered to appear at the next
public hearing of the Code Enforcement Board on TUESDAY, the 7th
day of January 1997 AT 7:30 P. M. at Atlantic Beach City Hall, 800
Seminole Road, to answer and be heard to the alleged violations of
the following Section(s): Chapter 12,Section 12-01-03 trash and
gargabe in the yard and Chapter 16, Section 16-3, failure to use a
trash receptacle. It is alleged that you are in violation of the
above enumerated code section(s) in that there exists on the
premises located at 148 Church Road a/k/a Lots 20-9 Block 1,
Lewis Subdivision RE# 172338-0000 the City of Atlantic Beach, the
following condition(s): as a reheat violator failure to use a trash
receptacle and trash and garbage in the yard which constitute --a
deter mpnt to the health. and .safety of the community_
The Code Enforcement Board has the power to levy fines up to
$250.00 per day for the first offense and $500.00 for the second
offense against the property, if a violation is found to exist
beyond the date set by the Board for compliance.
You have the right to obtain an attorney at your own expense
and to present witnesses in your behalf. If you desire to have
witnesses, subpoenaed or if you have questions regarding the
procedure, please contact Julie Brandt, Secretary of the Code
Enforcement Board within five days of the receipt of this notice at
247-5821. Please note the presence of a court reporter for the
purpose of insuring a verbatim record in the event of an appeal
should be secured at your expense.
Sincerely,
ATTEST:lam, /�
S(ACRETARY G. E. MARTIN
Chairman, Code Enforcement Board
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CASE NO. 96 -5305
RE: VIOLATION OF SECTIONS 16-03 and 12-01-03 OF THE ATLANTIC
BEACH CITY CODE OF ORDINANCES. LEGAL DESCRIPTION: 348 Church Road
Lots 2-9, Block 1, Lewis Subdivision, RE#172338-0000) ATLANTIC
BEACH, FLORIDA 32233.
The Code Enforcement Board has heard testimony at the Code
Enforcement Board hearing held the 12TH day of NOVEMBER , 1996,
and based on the evidence, the Code Enforcement Board enters the
following FINDINGS OF FACT, CONCLUSIONS OF LAW,
FINDINGS OF FACT
Robert J. Stewart, OWNER OF SAID PROPERTY LOCATED AT 348 Church
Road WAS FOUND TO BE A REPEAT VIOLATOR IN VIOLATION OF CHAPTER 16,
SECTION 16-03 AND CHAPTER 12, SECTION 12-01-03 OF THE CODE. A
FINE OF $25.00 PER DAY EFFECTIVE FROM OCTOBER 18, 1996, THE DAY THE
PROPERTY WAS FOUND TO BE IN NON-COMPLIANCE, WAS LEVIED AGAINST THE
PROPERTY TO RUN UNTIL SUCH TIME AS SAID PROPERTY IS FOUND TO BE IN
COMPLIANCE TO THE SATISFACTION OF THE CODE ENFORCEMENT OFFICER. IF
SAID PROPERTY CONTINUES TO BE A PUBLIC NUISANCE ON DECEMBER 2,
1996, CODE ENFORCEMENT OFFICER GRUNEWALD WAS DIRECTED TO HAVE THE
CITY CLEAN UP SAID PROPERTY.
CONCLUSIONS OF LAW
There was competent, substantial evidence presented to support a
finding of a violation of the Ordinance Code as charged.
ORDER
It is the Order of this Board that ROBERT J. STEWART shall comply
with Paragraph Two, Findings of Fact, as stated above.
If N/A does not comply within the time specified, he shall pay a
fine of per day for each day the violation continues to exist
beginning from the day the property is cited.
If N/A does not comply within the time specified, a certified copy
of this Order, or a Claim of Lien, shall be recorded in the public
records of the Office of the Clerk of the Circuit Court in and for
Duval County, and once recorded shall constitute a lien against the
property upon which the violation exists, or if you do not own the
land, upon any other real or personal property owned by you,
pursuant to Chapter 162, Florida Statutes.
Upon complying, MR. STEWART shall notify the Code Enforcement
Officer who shall inspect the property and notify the Board of
compliance.
Should a dispute arise concerning compliance, either party may
request a further hearing before the board.
DONE AND ORDERED THIS 13TH DAY OF NOVEMBER , 1996.
ATTEST:
%h Sec. G. E. MARTIN, Cha rman
Code Enforcement Board
CITY OF ATLANTIC BEACH
CEB Case # 96 -5305 Respondents: Robert 1_ Stewart
CODE ENFORCEMENT BOARD
CASE PRESENTATION SHEET
Mister/Madam Chairman:
X 1. I inspected the property in question, which is located at
348 Church Road Ownership of the property was
determined by a check of the:
X tax records public records deed title search
other
X 2. The code #(s) and nature of the violation s) discovered
are: Repeat violation of Chapter 16, Section 16-3 failure to
use trash receptacle and a violation of Chapter 12, Section
12-01-03 t rash and garbage in yard
3. The inspection was made as a result of a: complaint
X routine area inspection other,
'a? X 4. A violation notice was issued to the owner/occupant on:
October 23, 1996•
X 5. Notice to the owner -occupant was achieved by:
certified mail X hand delivery Posting of
property Police Other
X 6. I did X did not speak with the owner or someone
in charge of the property concerning violations. Brief
description of conversation:
* 7. The latest inspection was made on: 10-23-96
*_ 8. The violation(s) that was/were still occurring on that
date was/were: Same as those listed in Item #2 above
X 9. To bring the property into compliance, it is necessary to:
Place all garbage and trash in container for pick -up by
sanitation
PACE 2.
CODE PRESENTATION SHEET
Robert J. Stewart Case 96 -5305
X 10. Imo_ do _ Do not have pictures/slides of the property.
These were taken on 10-18-96 These pictures/slides are a
fair and accurate representation of the property at the time
they were taken.
X 11. I would estimate that 1 day(s) of time is necessary
to correct the violations. Therefore, the City recommends
that the Board find the respondent guilty and gives days to
comply.
Respectfully submitted,
Karl W. Grunewald
Code Enforcement Officer
Mr. Stewart has allowed the property surrounding 348 Church Road to
fall into violation of City Ordinances. This is a repeat
violation, with the previous case number being #0104. This is a
detriment to the health and safety of the community.
My recommendation would be to fine Mr. Stewart the maximum allowed
under Florida Statutes 162.09(2)(a), plus a $50.00 per day fine if
the property falls into violation again.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
October 24, 1996
V Robert
• : Church Road
G •1,M
Dear Mr. Stewart:
The Code Enforcement Board of the City of Atlantic Beach was
created pursuant to Florida Statutes and exists for the purpose of
facilitating the enforcement of the Code of Ordinances. It is
comprised of seven citizens, residents of Atlantic Beach, who meet
regularly to hear allegations of code violations.
You are hereby notified and ordered to appear at the next
public hearing of the Code Enforcement Board on TUESDAY, the 12th
day of November 12, 1996 AT 7:30 P. M. at Atlantic Beach City Hall,
800 Seminole Road, to answer and be heard to the alleged violations
of the following Section(s) : Chapter 12, Section 12-01-03 trash and
garrgabe in the yard and Chapter 16, Section 16-3, failure to use a
trash receptacle. It is alleged that you are in violation of the
above enumerated code section(s) in that there exists on the
premises located at 348 Church Road a/k/a Lots 20-9, Block 1.
Lewis Subdivision RE# 172338-0000 the City of Atlantic Beach, the
following condition (s) • fa; l Ilrp to use a trash receptacle and trash
and garbam in the yard which constitute a detriment to the health
and safety of the community.
The Code Enforcement Board has the power to levy fines up to
$250.00 per day for the first offense and $500.00 for the second
offense against the property, if a violation is found to exist
beyond the date set by the Board for compliance.
You have the right to obtain an attorney at your own expense
and to present witnesses in your behalf. If you desire to have
witnesses, subpoenaed or if you have questions regarding the
procedure, please contact Julie Brandt, Secretary of the Code
Enforcement Board within five days of the receipt of this notice at
247-5821. Please note the presence of a court reporter for the
purpose of insuring a verbatim record in the event of an appeal
should be secured at your expense.
Sincerely,
ATTEST:
CRETARY G. E. MARTIN `
Chairman, Code Enforcement Board
CODE ENFORCEMENT BOARD
CITY OF ATLAN`T'IC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 96 -5305
Petitioner, )
VS. ) SUBPOENA
ROBERT J. STEWART )
Respondent. )
STREETTO: NAME: ROBERT J- WK -421,131'Y'
CHURCH •••D
CITY ATLANTIC :c••i
STATE FL 32233
GREETINGS:
YOU ARE HEREBY COMMANDED to be and appear before the Code
Enforcement Board of the City of Atlantic Beach, Florida at City
Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the
12TH day of NOVEMBER 1996 at 7.30 p, m. in reference to
violation of Section(s): CHAPTER 12, SECTION 12-01-03 AND CHAPTER
16, SECTION 16-03 CODE OF THE CITY OF ATLANTIC BEACH; LOCATION OF
VIOLATION: 348 CHURCH ROAD
Failure to appear subjects you to penalty of law.
Dated this 24TH day of OCTOBER , 1996.
CODE ENFORCEMENT BOARD
CITY OF ATLAN�T/}I,C BEACH, FLORIDA
BY
Secretary
CITY OF
800 SEMINOLE ROAD
_ -- -------------- -- - A-iLAN
'I'(C BEACH, FLORIDA 32233-5445
TELEPHONE (904) 247-5800
FAX (904) 247-5805
October 23, 1996
Robert J. Stewart
348 Church Road
Atlantic Beach, FL 32233
Dear Sir:
Our records indicate that you are the owner of the following property in the City of
Atlantic Beach, Florida:
Re: 348 Church Road
a/k/a Lots 2-9, Block 1, Lewis Subdivision
RE#172338-0000
Investigation of this property discloses and I have found and determined that the
following City of Atlantic Beach Ordinances are in violation: Repeat violation of Code
Enforcement Case :#0904 - Chapter 16, Section 16-3 - Failure to place trash in
container; Chapter 12, Section 12-1-3 - Garbage and trash scattered throughout your
yard.
As prescribed in Florida Statute 162.06(3) (Enforcement Procedures) this is a
repeat violation. You willl be notified by certified mail when to appear before the Code
Enforcement Board.
Under Florida Statute 162.09, the Code Enforcement Board may impose fines up
to $500.00 per day for a repeat violation.
Sincerely,
1 �1
A -
Karl W. Grunewald
Code Enforcement Officer
KWG/pah
cc: Public Safety Director
VIA HAND DELIVERY
CITY OF
1*eaat,lz
800 SEMINOLE ROAD
-----_-,_ _ ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE (904) 247-5800
FAX (904) 247-5805
SUNCOM 852-5800
CITY OF ATLANTIC BEACH
11 , hereby certify that I
delivered a notice to Robert J. Stewart
348 Church Road , Atlantic Beach, Florida
32233, this day of October 19 96
o'clock M.
at
at
This notification is in reference to the City of Atlantic Beach
Code Enforcement Case No. 0104 regarding property known
as: 348 Church Road, Atlantic Beach, Lots 2-9, Block 1, Lewis Subdivision
RE# 172338-0000
SIGNATURE OF PROCESS SERVER:
SIGNATURE OF RECEIVER:
DATED: October 1996
-
December 11, 1996
Edward Martin
Chairman, Code Enforcement Board
City of Atlantic Beach
Case # 96- -4807, Yousuf Sultani, 43 Stanley Road
The board directed Mr. Sultan to remove all trash and debris from the property by December 2,
1996 or sustain a $50.00 per day fine until compliance has been reached. To date the property
remains in non compliance .There has been a concerted effort made but not sufficient enough to
consider it in compliance.
Please refer to the attached Findings of Fact as ordered at the November 12, 1996 Code
Enforcement Board hearing. It is my recommendation that the fine be imposed and that it be
requested of the city to clean up the property and charge the property owner for the work
incurred as permitted in F. S. s. 162-09.
Should the violation be cured prior to the January board meeting only the daily fine should be
enforced for the period of time that it was observed by the code enforcement officer.
Respectfully,
Karl W. Grunwald
Code Enforcement Officer
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
December••.
ur- yolicnif Sultani
87 Forrestal Circle
The Code Enforcement Board of the City of Atlantic Beach was
created pursuant to Florida Statutes and exists for the purpose of
facilitating the enforcement of the Code of Ordinances. It is
comprised of seven citizens, residents of Atlantic Beach, who meet
regularly to hear allegations of code violations.
You are hereby notified and ordered to appear at the next
public hearing of the Code Enforcement Board on TUESDAY, the 7th
day of January 1997 AT 7:30 P. M. at Atlantic Beach City Hall, 800
Seminole Road, to answer and be heard to the alleged violations of
the following Sections: Chapter 12,Section 12-01-08 i.e.,(1)House
Trailer has become a detriment to public health and safety. It is
alleged that you are in violation of the above enumerated code
section(s) in that there exists on the premises located at Aa
Stanley Road a/k/a Lots 3 and 4, Block 19 Donners Replat RE#
172186-0000 the City of Atlantic Beach, the following
condition(s) : L ifrom the trailer located at this site
continues to be a detriment to the health, welfare and safety of
the comnumit;y and was not removed by the December 2, 1996 date set
by the Code Enforcement Board on November 12 1996,
The Code Enforcement Board has the power to levy fines up to
$250.00 per day for the first offense and $500.00 for the second
offense against the property, if a violation is found to exist
beyond the date set by the Board for compliance.
You have the right to obtain an attorney at your own expense
and to present witnesses in your behalf. If you desire to have
witnesses, subpoenaed or if you have questions regarding the
procedure, please contact Julie Brandt, Secretary of the Code
Enforcement Board within five days of the receipt of this notice at
247-5821. Please note the presence of a court reporter for the
purpose of insuring a verbatim record in the event of an appeal
should be secured at your expense.
Sincerely,
ATTEST: n
CRETARY G. E. MARTIN
Chairman, Code Enforcement Board
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 96 -4807
Petitioner, )
vs. ) SSt� 1BPOENA
YOUSUF SULTANI )
Respondent-
TO:
espondent_
TO: NAME: YOUSUF SULTANT
STREET 208 Forrest Gate Drive
CITY Jacksonville,
STATE FL 32246
GREETINGS:
YOU ARE HEREBY COMMANDED to be and appear before the Code
Enforcement Board of the City of Atlantic Beach, Florida at City
Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the
7TH day of JANUARY 1997 at 7.30 p. m. in reference to
violation of Section: CHAPTER 12, SECTION 12-01-08 CODE OF THE
CITY OF ATLANTIC BEACH; LOCATION OF VIOLATION: 43 STANLEY ROAD
Failure to appear subjects you to penalty of law.
Dated this 16TH day of DECEMBER , 1996.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
BY
Secretary
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CASE NO. 96 -4807
RE: VIOLATION OF SECTION 12-01-08 OF THE ATLANTIC BEACH CITY CODE
OF ORDINANCES. LEGAL DESCRIPTION: 43 Stanley Road, (Lots 3 and 4,
Block 19, Donners Replat, RE#172186-0000) ATLANTIC BEACH, FLORIDA
32233.
The Code Enforcement Board has heard testimony at the Code
Enforcement Board hearing held the 12TH day of NOVEMBER , 1996,
and based on the evidence, the Code Enforcement Board enters the
following FINDINGS OF FACT, CONCLUSIONS OF LAW,
FINDINGS OF FACT
Yousuf Sultani, OWNER OF SAID PROPERTY LOCATED AT 43 Stanley Road
WAS FOUND TO BE IN VIOLATION OF CHAPTER 12, SECTION 12-01-08 OF THE
CODE. NO FINE WAS LEVIED AGAINST THE PROPERTY BECAUSE THE PROPERTY
WAS IN THE PROCESS OF BEING BROUGHT INTO COMPLIANCE. THE BOARD
GAVE MR. SULTANI UNTIL DECEMBER 2, 1996 TO REMOVE THE PILE OF
DEBRIS FROM THE DISMANTLED TRAILER ON SAID PROPERTY. HOWEVER, IF
SAID PROPERTY IS FOUND TO BE IN NON-COMPLIANCE ON DECEMBER 3, 1996,
A FINE OF $50.00 PER DAY WILL BE LEVIED FROM THAT DATE UNTIL
COMPLIANCE IS REACHED TO THE SATISFACTION OF THE CODE ENFORCEMENT
OFFICER.
CONCLUSIONS OF LAW
There was competent, substantial evidence presented to support a
finding of a violation of the Ordinance Code as charged.
ORDER
It is the Order of this Board that YOUSUF SULTANI shall comply
with Paragraph Two, Findings of Fact, as stated above.
If N/A does not comply within the time specified, he shall pay a
fine of $50.00 per day for each day the violation continues to
exist beginning on December 3, 1996.
If N A does not comply within the time specified, a certified copy
of this Order, or a Claim of Lien, shall be recorded in the public
records of the Office of the Clerk of the Circuit Court in and for
Duval County, and once recorded shall constitute a lien against the
property upon which the violation exists, or if you do not own the
land, upon any other real or personal property owned by you,
pursuant to Chapter 162, Florida Statutes.
Upon complying, Mr. Sultani shall notify the Code Enforcement
Officer who shall inspect the property and notify the Board of
compliance.
Should a dispute arise concerning compliance, either party may
request a further hearing before the board.
DONE AND ORDERED THIS 13TH DAY OF NOVEMBER , 1996.-�-
ATTEST.
I/LJ Sec. G'E. MARTIN, Chairman
Code Enforcement Board
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
October••.
Mr. Yousuf Sultani
87 Forrestal
ATLANTIC e • r � • ��
7
Dear Mr. Sultani:
The Code Enforcement Board of the City of Atlantic Beach was
created pursuant to Florida Statutes and exists for the purpose of
facilitating the enforcement of the Code of Ordinances. It is
comprised of seven citizens, residents of Atlantic Beach, who meet
regularly to hear allegations of code violations.
You are hereby notified and ordered to appear at the next
public hearing of the Code Enforcement Board on TUESDAY, the 12th
day of November 12, 1996 AT 7:30 P. M. at Atlantic Beach City Hall,
800 Seminole Road, to answer and be heard to the alleged violations
of the following Sections: Chapter 12.Section 12-01-08
i.e.,(1)House Trailer has become a detriment to public health and
safety. It is alleged that you are in violation of the above
enumerated code section(s) in that there exists on the premises
located at 43 Stanley Road a/k/a rots 3 and 4, Block 19, Donners
Replat RE# 172186-0000 the City of Atlantic Beach, the following
condition(s): the trailer located at this site has become a
detriment to the health, welfare and safety of the comminity.
The Code Enforcement Board has the power to levy fines up to
$250.00 per day for the first offense and $500.00 for the second
offense against the property, if a violation is found to exist
beyond the date set by the Board for compliance.
You have the right to obtain an attorney at your own expense
and to present witnesses in your behalf. If you desire to have
witnesses, subpoenaed or if you have questions regarding the
procedure, please contact Julie Brandt, Secretary of the Code
Enforcement Board within five days of the receipt of this notice at
247-5821. Please note the presence of a court reporter for the
purpose of insuring a verbatim record in the event of an appeal
should be secured at your expense.
ATTEST:
CRETARY
Sincerely,
G. E. MARTIN -N
Chairman, Code Enforcement Board
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 96 -4807
Petitioner, )
vs. ) SUBPOENA
YOUSUF SULTANI
TO: NAME:
STREET
CITY
STATE
GREETINGS:
Respondent. )
YOUSUF SULTANI
87 .•..
ATLANTIC BEACH,
FL 32233
YOU ARE HEREBY COMMANDED to be and appear before the Code
Enforcement Board of the City of Atlantic Beach, Florida at City
Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the
12TH day of NOVEMBER 1996 at 7:30, p, m. in reference to
violation of Section: CHAPTER 12, SECTION 12-01-08 CODE OF THE
CITY OF ATLANTIC BEACH; LOCATION OF VIOLATION: 43 STANLEY ROAD
Failure to appear subjects you to penalty of law.
Dated this 21ST day of OCTOBER , 1996.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
BY.I,[�,.
Secretary
CITY OF ATLAN`T'IC BEACH
CEB Case # 96 -4404, Respondents: Thomas & Rhonda O'Connell
CODE ENFORCEMENT BOARD
CASE PRESENTATION SHEET
Mister/Madam Chairman:
1. I inspected the property in question,
451 Camelia Street Ownership of the
determined by a check of the:
_X_tax records _public records deed
other
which is located at
property was
title search
X 2. The code #(s) and nature of the violation (s) discovered
are: Chapter 12, Section 12-1-3, detriment to public safety.
i. P dead trs on property threatening the safety of
surrounding homes.
_X 3. The inspection was made as a result of a: X complaint
routine area inspection other follow un of
X 4. A violation notice was issued to the owner/occupant on:
May 2. 1996, On November 26. 1996 the property was ]2oste,41
and the notice was posted at Atlantic Beach City Hall for tej
(10) days (Spp attached affidavit)
O
5. Notice to
X certified
Police
the owner -occupant was achieved by:
mail X hand delivery--X—Posting of property
X 6. I X did did not speak with the owner or someone in
charge of the property concerning violations. Brief
description of conversation: QwnArf Mrs_ O'Connell, was
informed of violation, she stated that it would take a little
longer to remove the trees and she would inform Mr. O'Connell.
Mr. O'Connell stated to me on November 2.6, 19966, that this was
a financial hardship and he would try to rom=l y _
X 7. The latest inspection was made on: 12-11-96
8. The violation(s) that was/were still occurring on that
date was/were: As stated in #2 above
X 9. To bring the property into compliance, it is necessary to:
Remove the dead trees
PAGE
CODE PRESENTATION
x_ 10. Imo_ do _ Do not have pictures/slides of the property.
These were taken on 09-09-96 These pictures/slides are
a fair and accurate representation of the property at the time
they were taken.
_X 11. I would estimate that 10 day(s) of time is necessary
to correct the violations. Therefore, the City recommends
that the Board find the respondent guilty and give 10 days
to comply.
Respectfully submitted,
Karl W. Grunewald
Code Enforcement Officer
This situation is a serious threat to surrounding homes, as well as
the property it exists on. I would recommend that the Board
authorize posting of the property with the findings of fact.
The following Section of Florida Statutes authorizes such posting:
In lieu of publication as described in paragraph (a), such
notice may be posted for at least 10 days in at least two
locations, one of which shall be the property upon which the
violation is alleged to exist and the other of which shall be,
in the case of municipalities, at the primary municipal
government office, and in the case of counties, at the front
door of the courthouse in said county. FL S.S. 162-12(b)l.
After the time is set by the Code Enforcement Board, I would
recommend that the Board request the city to take whatever action
required to remedy the violation.
Notice to Mr. O'Connell has been accomplished and he will be
notified to appear before the Board on January 7, 1997. Should he
fail to comply, it is my recommendation that the City be requested
to take whatever action is necessary to remove the trees as
prescribed in FL S.S. 162.09.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
December 16, 1996
Thomas and Rhonda O'Connell
451 Camelia Street
Atlantic Beach FL 32233
Dear Mr. O'Connell:
The Code Enforcement Board of the City of Atlantic Beach was
created pursuant to Florida Statutes and exists for the purpose of
facilitating the enforcement of the Code of Ordinances. It is
comprised of seven citizens, residents of Atlantic Beach, who meet
regularly to hear allegations of code violations.
You are hereby notified and ordered to appear at the next
public hearing of the Code Enforcement Board on TUESDAY, the 7TH
day of JANUARY, 1997 AT 7:30 P. M. at Atlantic Beach City Hall, 800
Seminole Road, to answer and be heard to the alleged violations of
the following Sections Chapter 12, Section 12-1-3 Code of
Ordinances, City of Atlantic Beach.
It is alleged that you are
in violation of the above enumeratedcode section(s) in that there
exists on the premises located at 451 Camelia Street a/k/a Lot 2�
Block 107, Section H RE# 170874-1000 the City of Atlantic Beach,
Florida, 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 Code Enforcement Board has the power to levy fines up to
$250.00 per day for the first offense and $500.00 for the second
offense against the property, if a violation is found to exist
beyond the date set by the Board for compliance.
You have the right to obtain an attorney at your own expense
and to present witnesses in your behalf. If you desire to have
witnesses, subpoenaed or if you have questions regarding the
procedure, please contact Julie Brandt, Secretary of the Code
Enforcement Board within five days of the receipt of this notice at
247-5821. Please note the presence of a court reporter for the
purpose of insuring a verbatim record in the event of an appeal
should be secured at your expense.
Sincer ly,
��
ATTEST: 7 i t-'�
lie
G. E. MARTIN
ecretary Chairman, Code Enforcement Board
CODE ENFORCEMENT :••'D
CITY 1• ATLANTIC1RU•
CITY OF ATLANTIC BEACH, FLORIDA, )
Petitioner, )
VS. )
THOMAS AND RHONDA O'CONNELL
Respondent. )
-------------------------------- )
• THOMAS u : 4N1• RHONDA • •NI►1:
STREET 451 CAMELIA STREET
CITY ATLANTIC :'•ii
STATE FL 32233
VIOLATION NO.96 -4404
YOU ARE HEREBY COMMANDED to be and appear before the Code
Enforcement Board of the City of Atlantic Beach, Florida at City
Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the
7�T-I_ day of JANUARY 1997 at 7:30, p. m. in reference to
violation of Section: CHAPTER 12, SECTION 12-1-3 CODE OF THE CITY
OF ATLANTIC BEACH; LOCATION OF VIOLATION: 451 CAMELIA STREET
Failure to appear subjects you to penalty of law.
Dated this 16TH day of DECEMBER , 1996.
CODE ENFORCEMENT BOARD
CITY OF ATLAN'T'IC BEACH, FLORIDA
BY— gUj c a
Secretary
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, )
Petitioner, )
vs. )
THOMAS AND RHONDA O'CONNELL
}
Respondent. )
-------------------------------- )
STREETTO: NAME:
STATECITY
GREETINGS:
u' V
ATLANTIC BEACH,
FL 32233
VIOLATION NO.96 -4404
YOU ARE HEREBY COMMANDED to be and appear before the Code
Enforcement Board of the City of Atlantic Beach, Florida at City
Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the
7TH day of JANUARY 1997 at 7:30. p. m. in reference to
violation of Section: CHAPTER 12, SECTION 12-1-3 CODE OF THE CITY
OF ATLANTIC BEACH; LOCATION OF VIOLATION: 451 CAMELIA STREET
Failure to appear subjects you to penalty of law.
Dated this 16TH day of DECEMBER , 1996.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
BY
Secretary
CITY OF ATLANTIC BEACH
SWORN AFFIDAVIT
On November 25, 1996,
1, Karl Grunwald. Code Enforcement Official of the City of
Atlantic Beach, posted a Notice of Pending Lien against Thomas and Rhonda O'Connell, owners
of property known as 451 Camelia Street Atlantic Beach, Florida 32233, A/K/A Lot 2, Block
10.7 Section H, RE# 172874-1000 at the entrance to Atlantic Beach City Hall within a secured
Public Notice Box.
Notice was further posted at 451 Camelia Street, Atlantic Beach, Florida. Both Notices
will remain at said sites for at least ten (10) days as prescribed in Florida Statutes 162.12-2(b) 1.
Signed
Witness's
Notary
Sworn to and subscribed before me this 25th day of November, 1996.
Notary Public
". Ony F1;' 1, Patdcla Mona*
My COMMISSION # GC55MI EXPIRES
z
August 27, 2000
BONDED THRU TROY FAIN INSURANCE, INC,
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CASE NO. 96 -4404
RE: VIOLATION OF SECTION 12-01-03 OF THE ATLANTIC BEACH CITY CODE
OF ORDINANCES. LEGAL DESCRIPTION: 451 Camelia Street (Lot 2, Block
107 Section H, RE#170874-1000) ATLANTIC BEACH, FLORIDA 32233.
The Code Enforcement Board has heard testimony at the Code
Enforcement Board hearing held the 12TH day of NOVEMBER , 1996,
and based on the evidence, the Code Enforcement Board enters the
following FINDINGS OF FACT, CONCLUSIONS OF LAW,
FINDINGS OF FACT
Thomas and Rhonda O'Connell OWNERS OF SAID PROPERTY LOCATED AT 451
Camelia Street, REFUSED SERVICE OF NOTICE OF HEARING TO APPEAR
BEFORE THE CODE ENFORCEMENT BOARD ON THREE DIFFERENT OCCASIONS:
OCTOBER 28, 30, AND 31, 1996. CODE ENFORCEMENT OFFICER GRUNEWALD
REQUESTED PERMISSION TO SERVE NOTICE BY POSTING THE PROPERTY AS
ALLOWED IN FLORIDA STATUTES 162.12(B)l. THE BOARD AGREED TO THE
REQUEST AND DIRECTED MR. GRUNEWALD TO POST THE NOTICE ON THE
PROPERTY AND AT CITY HALL.
CONCLUSIONS OF LAW
There was competent, substantial evidence presented to support a
finding of a violation of the Ordinance Code as charged.
ORDER
It is the Order of this Board that THOMAS AND RHONDA O' CONNELL
shall comply with Paragraph Two, Findings of Fact, as stated above.
If NL does not comply within the time specified, he shall pay a
fine of per day for each day the violation continues to exist
beginning from the day the property is cited.
If N/A does not comply within the time specified, a certified copy
of this Order, or a Claim of Lien, shall be recorded in the public
records of the Office of the Clerk of the Circuit Court in and for
Duval County, and once recorded shall constitute a lien against the
property upon which the violation exists, or if you do not own the
land, upon any other real or personal property owned by you,
pursuant to Chapter 162, Florida Statutes.
Upon complying, N/A shall notify the Code Enforcement Officer
who shall inspect the property and notify the Board of compliance.
Should a dispute arise concerning compliance, either party may
request a further hearing before the board.
DONE AND ORDERED THIS 13TH DAY
ATTEST:
Sec
OF NOVEMBER 1996.
G. E. MARTIN,4Chairman
Code Enforcement Board
November 25, 1996
Thomas and Rhonda O'Connel
451 Camelia Street
Atlantic Beach, FL 32233
Dear Mr. and Mrs. O'Connel:
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE (904) 247-5800
FAX (904) 247-5805
SUNCOM 852-5800
Our records indicate that you are the owner of the following property in the City
of Atlantic Beach, Florida:
Re: 451 Camelia Street
a/k/a Lot 2, Block 107, Section H
RE#172874-1000
Investigation of this property discloses that I have found and determined that you
are in violation of City of Atlantic Beach Ordinance Chapter 12, Section 12-1-3,
Detriment to the safety of the community, i.e, dead pine tree in rear yard threatens the
safety of surrounding homes.
You are hereby notified that unless the conditions above described are remedied
within fifteen (15) days from the date of your receipt hereof this case will be turned
over to the Code Enforcement Board.
Under Florida Statutes 162.09, the Code Enforcement Board may impose fines
of up to $250.00 per day for a first violation and $500.00 per day for a repeat violation.
Sincerely,
Ito
Frurl W. vtrald
Code Enforcement Officer
KWG/pah
cc: Public Safety Director
POSTED AT PREMISES AND CITY KALL
December 11, 1996
Edward Martin
Chairman, Code Enforcement Board
City of Atlantic Beach
Case # 96 -0107 -
The code enforcement board at its May 7, 1996 hearing instructed Mr.Bratcher to remove a
shrimp boat from his property by November 15, 1996. As of December 11, 1996 the boat in
question has been moved to an adjacent property and an additional boat also placed on the parcel.
The original boat if not moved by date would result in a fine of $250.00 per day.(Refer to
attached Findings of Fact) It is in my opinion that Mr. Bratcher has failed to comply with the
order of the board and the fine should continue until such time as the boat is removed as ordered
by the board and agreed to by Mr. Bratcher.
Recent photographs are available for the board.
Respectfully,
Karl W. Grunewald
Code Enforcement Officer
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, )
VIOLATION
Petitioner, )
SiTBPOENB
vs.
SARAH AND CHARLES BRATCHER
Respondent. )
--- )
STREETTO: NAME:
CITY ATLANTIC BRACH,
STATE FL 32233
GREETINGS:
YOU ARE HEREBY COMMANDED to be and appear before the Code
Enforcement Board of the City of Atlantic Beach, Florida at City
Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the
7:3 0 b m. in reference to
7TH day of .TANIMRY 1997 at
violation of Section: CHAPTER 121 SECTION 12-1-7 CODE OF THE CITY
OF ATLANTIC BEACH; LOCATION OF VIOLATION: 60 WEST 10TH STREET
Failure to appear subjects you to penalty of law.
Dated this�6_ T� H day of
nEr BEE -R, 1996.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
BY4' ' "'
Secretary
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
December 16,
Dear Mr. and Mrs. Bratcher:
The Code Enforcement Board of the City of Atlantic Beach was
created pursuant to Florida Statutes and exists for the purpose of
facilitating the enforcement of the Code of Ordinances. It is
comprised of seven citizens, residents of Atlantic Beach, who meet
regularly to hear allegations of code violations.
You are hereby notified and ordered to appear at the next
public hearing of the Code Enforcement Board on TUESDAY, the 7TH
day of JANUARY, 1997 AT 7:30 P. M. at Atlantic Beach City Hall, 800
Seminole Road, to answer and be heard to the alleged violations of
the following Section(s): SECTION 12-1-7 of the Code of the City
of Atlantic Beach. It is alleged that you are in violation of the
above enumerated code section(s) in that there exists on the
premises located at Bratcher pr=erty lying between West 9th Street
and West 10th Street, alkla Lots 1 to 6, Blocks 66 and 67, Section
H, Lot 66 RE#170812-0000, Atlantic Beach, Florida the following
condition(s): abandoned vehicle.
The Code Enforcement Board has the power to levy fines up to
$250.00 per day for the first offense and $500.00 for the second
offense against the property, if a violation is found to exist
beyond the date set by the Board for compliance.
You have the right to obtain an attorney at your own expense
and to present witnesses in your behalf. If you desire to have
witnesses, subpoenaed or if you have questions regarding the
procedure, please contact Julie Brandt, Secretary of the Code
Enforcement Board within five days of the receipt of this notice at
247-5821. Please note the presence of a court reporter for the
purpose of insuring a verbatim record in the event of an appeal
should be secured at your expense.
Sincerely,
ATTEST :
ECRETARY G. E. MARTIN
Chairman, Code Enforcement Board
InT
CODES ENFORCEMENT BOARD
CITY OF ATLAN'T'IC BEACH
RECEIPT OF NOTIFICATION
served notification to:
SARAH AND CHARLES BRATCHER
60 WEST 10TH STREET
Atlantic Beach, Florida 32233
this / - day of / , 1996.
AT �1', o -o A.M./P.M.
This notification was in reference to: A NOTICE OF HEARING OF THE
CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF JANUARY 7,
1997, 7:30 P.M. CITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD,
ATLANTIC BEACH, FLORIDA.
Signature of Server: . �1�----
signature of Receiver:
Dated: ��` �`� 7C
Please return to the City Clerk's Office. Thanks
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CASE NO. 0107
RE: VIOLATION OF Chapter 12, Section 12-1-7 and 12-1-8 of the
Atlantic Beach City Code of Ordinances
LEGAL DESCRIPTION: Bratcher property lying between West 9th St. and
W. 10th St., a/k/a/ lots 1 to 6, Blocks 66 and 67, Section H; Lot
66 RE#170812-0000; Lot 67 RE#172813-0000, Atlantic Beach, Florida.
The Code Enforcement Board has heard testimony at the Code
Enforcement Board hearing held the 7th day of MAY 1996, and
based on the evidence, the Code Enforcement Board enters the
following FINDINGS OF FACT, CONCLUSIONS OF LAW,
FINDINGS OF FACT
Sarah and Charles Bratcher were found to be in violation of
Section 12-1-7 and 12-1-8 of the Code. The Board voted to give the
Bratchers 30 days, until June 7, 1996 at the end of the day, to
move the engine block and to repair the roof of the shed. With
reference to the shrimp boat, the Bratchers were given until
November 15, 1996 to remove the shrimp boat. If the shrimp boat
has not been removed by November 15, 1996, a fine of $250 per day
will be levied against the property, until the boat is moved.
CONCLUSIONS OF LAW
There was competent, substantial evidence presented to support a
finding of a violation of the Ordinance Code as charged.
ORDRB
It is the Order of this Board that Sarah and Charles Bratcher shall
comply with Paragraph Two, Findings of Fact, as stated above.
If the Bratchers do not comply within the time specified, they
shall pay a fine of $250.00 per day for each day the violation
continues to exist beginning from the day the property is cited.
If the Bratchers do not comply within the time specified, a
certified copy of this Order, or a Claim of Lien, shall be recorded
in the public records of the Office of the Clerk of the Circuit
Court in and for Duval County, and once recorded shall constitute
a lien against the property upon which the violation exists, or if
you do not own the land, upon any other real or personal property
owned by you, pursuant to Chapter 162, Florida Statutes.
Upon complying, the Bratchers shall notify the Code Enforcement
Officer who shall inspect the property and notify the Board of
compliance.
Should a dispute arise concerning compliance, either party may
request a further hearing before the board.
DONE AND ORDERED THIS 7th DAY OF MayZ2 199P.
AT ST:
( 1f
G. E. MARTIN, Chairman
-7 J
S creta f Code Enforcement Board
CITY OF ATLANTIC BEACH
CEB Case # Q(01 - Respondents: SARAH AND CHARLES BRATMA
CODE ENFORCEMENT BOARD
CASE PRESENTATION SHEET
Mister/Madam Chairman:
X 1. I inspected the property in question, which is located at
BETWFFN W 9TH AND W 10TH STREET ownership of the
property was determined by a check of the:
X tax records public records deed
other
title search
X 2. The code #(s) and nature of the violation (s) discovered
are: 12-1-7 Abandoned Vehicle; Outside Storage, High Grass and
Weeds,; Sec 12-1-8 - Unsound Structure.
_X 3. The inspection was made as a result of a: X complaint
X routine area inspection other
_X 4. A violation notice was issued to the owner/occupant on:
November 2, 1995
5. Notice to the owner -occupant was achieved by:
X certified mail _ hand delivery _Posting of property
Police
6. I _ did X_did not speak with the owner or someone in
charge of the property concerning violations. Brief
description of conversation:
7. The latest inspection was made on: 4-10-96
x 8. The violation(s) that was/were still occurring on that
date was/were: SAME
9. To bring the property into compliance, it is necessary to:
remove abandoned vehicles, outside storage to be removed, cut
all high grass and weeds, impair the garage/carport structure
-� 10. Imo_ do _ Do not
have pictures/slides of the
These were taken ort_ 4-in_o�
are a fair and accurate representation of hesPictures/sl des
time they were taken. the -property
at the
11. I would estimate that iG
to correct the violations to of time is necessary
that the Board find the respondent guilt the Cit
to comply. Y recommends
y and give,.�Q days
Respectfully submitted,
Karl w. Grunewald
Code Enforcement Officer
MY notice to Sarah Bratcher was referred to her attorney,
LePrell. His letter to me is enclosed.
disclosed that the Samuel
property Research on my part
zoning. However P p Y was grand -fathered under
the Bratchews are as my correspondence to Mr. Previous
manner not detrimentalstill
required the communis maintain the
indicates,
enclosed}, Property in a
Y (copy of my correspondence
A part of the property has
remains. A second been cleared, but a P
ile of stated. parcel of land remains in full violationraas
Similar violations were brought before the Board in
action was taken due to the death of Mr. 1992,
er, but no
Bratch
In the minutes of the Community Development Board of 7-16-91 the
issue of a large shrimp boat stored on the propert
quested a variance and part of the Came u f Mr.
Bratcher had re
variance required the removal
Baru attorne of said boat, grant of that
y assured the Board that it would notthelnutes remain on
the property much longer.
December 17, 1996
MEMO TO: Public Safety Director Thompson
FROM: KARL GRUNEWALD, CODE ENFORCEMENT OFFICER
REFERENCE: CODE ENFORCEMENT BOARD BOARD MEETING
TUESDAY, January 7, 1997
NOTICES TO APPEAR/RECEIPT OF NOTIFICATION
Please have the following Notices to Appear hand delivered by an
Officer between now and Friday, January 3, 1997:
Sarah and Charles Bratcher
60 West 10th Street
Thomas and Rhonda O'Connell
451 Camelia Street
Robert J. Stewart
348 Church Road
George Hromco
376 Main Street
Also, please return the attached Receipt of Notification forms to
the City Clerk's Office by Monday, January 6, 1997.
Thank you for your continued cooperation. Your help in this matter
is greatly appreciated.
Sincerely,
Karl Grunewald
Code Enforcement Official
/Enclosures - Four(4) Notices to Appear
FAX
COVER INSTRUCTION SHEET
FAX # 2'i, q /
FROM: MAUREEN KING, CITY CLERK
FAX #247-5805
DATE: / Z - / 00 C,o
NUMBER OF PAGES (INCLUDING COVER SHEET )
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE (904) 247-5800
FAX (904) 247-5805
INSTRUCTIONS: L. 6g a/ <2d
ons cmc, an
Decemhev- g4'4
*** PLEASE DELIVER IMMEDIATELY ***
IF THERE ARE ANY PROBLEMS WITH THIS TRANSMITTAL PLEASE CONTACT US AT
247-5809
CITY OF ATLANTIC BEACH - FLORIDA
CODE ENFORCEMENT BOARD MEETING
The next meeting of the City of Atlantic Beach Code Enforcement
Board will be held on Tuesday, January 7, 1997, 7:30 P.M. at the
Commission Chambers, 800 Seminole Road, Atlantic Beach, Florida.
All persons interested are notified to be present at said time and
place and they shall be heard. If a person decides to appeal any
decision at any meeting or hearing, he will need a record of the
proceedings, and for such purpose may need to ensure that a
verbatim record of the proceedings is made, which record shall
include the testimony and evidence upon which appeal is to be
based.
In accordance with the Americans with Disabilities Act, persons
needing a special accommodation to participate in this proceeding
should contact Maureen King, City Clerk, at 247-5809 or at City
Hall, 800 Seminole Road
Published:
Beaches Leader Friday, December 27, 1996
Posted:
City Hall