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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