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01-09-96 CEB Agenda PacketCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P. M., JANUARY 9, 1996 Call to order Pledge to the Flag Roll Call 1. Approval of the minutes of the meetinq of November 14, 1995. 2. Recognition of Visitors and Guests regarding any matters that are not listed on agenda. 3. Old Business: Code Enforcement Officer will report on the following case: Case No. 0039 - Cynthia Watson Sutton - owner of property located at 702 Cavalla Road, was in violation of Section 12-1-3, weeds growing against rear of building and east side and along fence; tires, electrical, and timbers stored on east side of property. (The Board at its meeting of November 14, 1995 gave Ms. Sutton until Friday, November 17, 1995 to bring the property into compliance). 4. New Business: Case No. 0097 - Billy M. Arzie - owner of property located at 770 East Coast Drive, in violation of Florida State Statute 767 and Section 4.28 of the Code - vicious dogs. Mr. Arzie! s dog, "JR", is being declared dangerous due to his unprovoked behavior to persons and other animals when off the property of 770 East Coast Drive. Case No. 0098 - John L. Green - owner of property located at 525 Atlantic Boulevard, in violation of Section 12-1-(7) - outside storage of miscellaneous building material; refrigeration units, stoves, and other restaurant equipment in the rear of the property. - Case No. 0099 - Hung H. Vo - owner of property located at 457 Mako Di 1 V C, i]_ V 11+ 1, at 4 G11 Vf 7 , �_ -� _ Section 4-7 4-7(a) nlld 1L 1 '.,.. d ACC�J1llg and housing of ducks or chickens (poultry); and NATIONAL ELECTRICAL CODE 230-24(A)(3) JEA Rules and Regulations Fig 3.03 - the electrical service to 457 Hako Drive is resting on the roof. Tills is an extreme hazard and must be corrected by a licensed electrical contractor. Page 2, January 9, 1995 Code Enforcement Board Meeting Case No. 0100 - Willie E. Davis - owner of property located at 60 Dudley Street - in violation of Sections 22-74, 22-90, and 22-71 - connection to public sewer required within ninety (90) days, i.e., the septic tank and system has failed; depositing of human excrement on public or private property; and Chapter IOD - 6.042 Fl. Dept. Of Health. Case No. 0101 - Laurette Ibarreche - owner of property located at 297 Pine Street - in violation of Sections 12-1-7 and 12-1-3 - grass and vegetation over 12 inches; outside storage of miscellaneous items. 5. Request for Lien Action: None 6. Board Members comments: 7. Adjournment CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES NOVEMBER 14, 1995 Call to order: PRESENT: Edward Martin, Chairman Heywood Dowling, Jr. Kathleen Russell Ken Rogosheske Theo K. Mitchelson Richard S. Mann AND: Suzanne Green Prosecuting Attorney Karl Grunewald, Code Enf. Officer Trudy Lopanik, Secretary ABSENT: Lou Etta Waters (Excused) Alan Jensen, Legal Counsel (Excused) 1. Approval of Minutes of September 5, 1995 A motion was made, seconded, and passed to approve the minutes of September 5, 1995. 2. Recognition of Visitors and Guests regarding any matters that are not listed on agenda. No one wished to speak. 3. Old Business: Case No. 0094 - Harry T. Gross, Jr., owner of property located at 980 Mayport Road, in violation of Section 12-1-(7), Abandoned Vehicles; and Section 24-111, Zoning - Present CG and past BA zoning do not permit junk yards. Karl Grunewald reported the property was in compliance. The Board accepted Mr. Grunewald's report. 4. New Business: Case No. 0039 - Cynthia L. Watson (second offense) - owner of property located at 702 Cavalla Road, in violation of Section 12-1-3, weeds growing against rear of building and east side and along fence; tires, electrical, and timbers stored on east side of property. Mr. Martin read the case hearing procedure for Case No. 0039 and all witnesses were sworn in. Karl Grunwald explained the property had been cited in the past on two separate occasions but that the property had been brought into compliance. Since no action was taken to find the property in violation in the past, this violation would have to be treated as a first offense. He explained the majority of the items had been removed from the property, however, as of 4:30 p.m. this afternoon (November 14, 1995), there still was some debris outside. He indicated vegetation had been cut by Minutes, Page 2 Code Enforcement Board November 14, 1995 the property owner. Mr. Grunwald passed out photographs to the board. William Sutton explained he was appearing for his wife, Cynthia Watson Sutton, who was the owner of the property. He explained he had been out of town for six weeks and when he returned it rained for several weeks and, thus, he was not able to clear the property. He indicated he rented a storage unit and he tried to keep all outside storage in his storage unit. He indicated there was a problem with transients walking through his property and throwing debris on the ground. Following discussion, it was decided to give Mr. Sutton a brief amount of time to remove the small amount of debris. A MOTION WAS MADE, SECONDED, AND PASSED TO FIND CYNTHIA WATSON SUTTON, 702 CAVALLA ROAD, ATLANTIC BEACH, TO BE IN VIOLATION OF SECTION 12-1-3 OF THE CODE. A MOTION WAS MADE, SECONDED, AND PASSED TO GRANT MS. SUTTON UNTIL 5:00 P. M., FRIDAY, NOVEMBER 17, 1995 TO BRING THE PROPERTY INTO COMPLIANCE TO THE SATISFACTION OF THE CODE ENFORCEMENT INSPECTOR IF THE SAME SECTION OF THE CODE IS VIOLATED IN THE FUTURE A $100.00 PER DAY FINE WILL OCCUR FROM THE DATE THE VIOLATION OCCURRED UNTIL THE VIOLATION CEASED TO THE SATISFACTION OF THE CODE ENFORCEMENT INSPECTOR. 5. Request for Lien Action: Mr. Martin indicated there was a request for the Board to approve the placing of two liens against property owned by Joseph Romano.. He explained the liens were for the following violations: Case No. 0085 - Joseph Romano, 1170 Begonia Street. It was requested that a $5,000.00 lien be placed against the property. This was a result of a fine of $250.00 per day which was instituted against Joseph Romano beginning February 9, 1995 for violation of City Code Section 20-52 and 20- 52.1 and Florida Statute 489.127. The second lien was represented by Case No. 0091 in the amount of $2,996.44. It was explained this lien was a result of action by the Board at its meeting of May 2, 1995 when Joseph Romano was found to be in violation of Section 12-1-7 and 16-7 of the City Code. The property was found to be a health hazard pursuant to Florida State Statute 162.06(4), and the city was requested to clear the property with the cost of clearing the property to be brought back via a lien against the property. A MOTION WAS MADE, SECONDED, AND PASSED TO APPROVE LIENS IN THE AMOUNT OF $5,000.00 AND $2,996.44 BE PLACED AGAINST THE PROPERTY OF JOSEPH ROMANO, 1170 BEGONIA STREET. 5. Board Members comments: Reference was made to a memorandum the Board had received from Alan Jensen, City Attorney, dated October 20, 1995 (attached hereto and made a part hereof). The memorandum made reference to changes to Section 162.09 and 162.07 of the Florida State Statute relating to Code Enforcement, and the board indicated their desire to have city codes adopt the language of the State Statute. It was suggested that Karl Grunwald contact Alan Jensen regarding having the city's ordinance updated to conform with Chapter 162 of the Florida State Statute. 6. Adjournment There being no further business the Chairman adjourned the meeting at 8:10 p. m. G. E. Martin, Chairman Code Enforcement Board ATTEST: Trudy Lopanik, Secretary 60j6!- Th19 meply dC7 JENSEN & HOULD ATTORNEYS AT [Aw 708 NORTH THIRD STREET POST OFFICE BOX 50457 JACKSONVILLE BEACH. FLORIDA 32240-0457 Alan C. Jensen Telephone (904) 246-2500 Stephen A. Hould October 20, 1995 Fax (904) 246-9960 MEMBERS OF THE CODE ENFORCEMENT BOARD Dear Ladies and Gentlemen: I enclose herewith a copy of Chapter 95-297, which includes changes to Section 162.09 and 162.07 relating to code enforcement. The new portions are underlined and they became effective October 1, 1995. If you have any questions regarding this new law, please do not hesitate to contact me. We may need to discuss whether an enabling ordinance will be necessary to implement this new law in our Code of Ordinances. Very truly yours, j ALAN C. JENSEN Enclosure ACS/sky cc: Karl Grunewald, Code Enforcement Inspector (w/enc) Suzanne Green, Esq. (w/enc) 0 ti Ch. 9.5-296, § 9 1995 REGULAR SESSION Section 9. This act shall take effect Julv 1, 1995. Became a law without the Governor's approval June 15, 1995, 1!y Filed in Office Secretary of State June 14, 1995. .'4,ZLOCAL GOVERYMENT-REAL, ESTATE -CODE ENFORCEMENT AND RECONVEYANCE OF LAND Chapter 95-297 H.B. No. 1441 An act relating to local government; amending s. 162.09. F.S.; authorizing a code enforcement board to impose a fine not exceeding $10,000 per violation if the violation is irreparable or irreversible; amending s. 255,22, F,S.; removing provisions relating to reconveyance of lands conveyed on or after October 1, 1998, to a municipality or county and not used for the purposes specified, and to the retroactive application of such provisions; providing an effective date. Be It Enacted by the Legislature of the State of Florida.- Section 1. Subsection (1) and. paragraph (a) of subsection (2) of section 162.09, Florida Statutes, 1994 Supplement, are amended to read: 162.09. Administrative fines; costs of repair; liens (1) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the repeat violation continues past the date set by the enforcement board for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector. In addition, if the violation is a violation described in s. 162.06(4 board shall notify the local governing body, which may ), the enforcement make all reason06(4 repairs wh are required to bring the property into compliance and charge the violato, with the reasonable hic cost of the repairs along with the fine imposed pursuant to this section. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall rot be necessary for issuance of the order imposing the tine. If, atter due notice and hearine, a code enforcement board finds a violation to be irrenarable or irreversible in nature, it may order the violator to av a tine as s ecified in araQtaph t2>(a�. (2)(a) A fine imposed pursuant to this section shall not exceed x250 per day for a first violation and shall not exceed $500 per day for a repeat violation. and, in addition.'max. include all costs of repairs pursuant to subsection (1). However. if a code enforcement hoard inds S5t the violation to be irreparable or irreversible in may impose a fine not to exceed -- per kiolation. nature, it Section ?. Subsection (2) of section 162.0. to read: Florida Statutes, 1994 Supplement, is amended 162.07. Conduct of hearing (2) Each case before an enforcement board shall be presented by the local governing bode attorney or ba . member of the administrative staff of the local governing body. If the local governing body prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under s. 162.09(3). ---- -- Section -- 3. Section 255 90 - • onda statutes. 1994 Supplement, is amended to read: �� �? Additions are indicated by underline; deletions by &wktout F.S. 1993 COUNTY OR MUNICIPAL CODE ENFORCEMENT _ Ch. 162 fine may be imposed if the order is not complied with by said date. A certified copy of such order may be rec- orded in the public records of the county and shall con- stitute notice to any subsequent purchasers, succes- sors in interest, or assigns it the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pur- suant to this subsection and the order is complied with by the date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance. History.—s 1. ch. 80-300: s 6. ch. 82-37: s. a. ch. 83-217: s. 6. ch. 66-201: s. 6. rn 89-268. Note.—Fourier s. 166.057 162.08 Powers of enforcement boards.—Each enforcement board shall have the power to: (1) Adopt rules for the conduct of its hearings. (2) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the sheriff of the county or police department of the municipality. (3) Subpoena evidence to its hearings. (4) Take testimony under oath. (5) Issue orders having the force of law to command dhatever steps are necessary to bring a violation into compliance. rrntory.—s. t. ch. 80-300. s 7. ch. 62-37: s. 7. ch 66-201: s. 7. ch. 69-268. Nde.-Former S. 166 058. 162.09 Administrative fines; liens, (1) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time or, upon find- ing that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the enforcement board for compliance or, in the case of a repeat violation, for each day the repeat vio- lation continues past the date of notice to the violator of the repeat violation- If a finding of a violation or a repeat 162.12 Notices.— violation has been made as provided in (his part, a hear- ing shall not be necessary for issuance of the order (1) All notices required certified this part shall be provided to the alleged violator by certified mail, return receipt imposing the fine requested; by hand delivery by the sheriff or other law (2)(a) A fine imposed pursuant to this section shall enforcement officer, code inspector, or other person not exceed $250 per day for a first violation and shall not designated by the local governing body; or by leaving the notice at the violator's usual place of residence with exceed $S00 per day for a repeat violation. (b) In determining the amount of the fine, if any, the any person residing therein who is above 15 years of age enforcement board shall consider the following factors: and informing such person of [lie contents of the notice. 1- The gravity of the violation; (2) In addition to providing notice asset forth in sub- 2- Any actions taken by the violator to correct the section (1), at the option of the code enforcement board, violation; and notice may also be served by publication or posting, as 3Any Previous violations committed by the violafollows: fpr' - (a)1- Such notice shall be published once during (c) An enforcement board may reduce a fine each week for 4 consecutive weeks (four publications imposed Pursuant to this section. y being sufficient) in a newspaper of general circulation in (3) A certified copy of an order Imposinga fine may the county where the code enforcement board is ' recorded in the y located. The newspaper shall meet such requirements tslitule a lien against the land on whichethefle v olationl as are prescribed under chapter SO for legal and official sts and upon any other real or advertisements. personal property 2. Proof of publication shall be made as provided in Owned by the violator Upon petition to the circuit court, ss. 50.041 and 50.051. such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, which- ever occurs first. After 3 months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body attorney to fore- close on the lien. No lien created pursuant to the provi- sions of this part may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Con- stitution. History.—s. I, ch. 60-300: S. 8, ch. 82-37: s. 2, ch. 85-150. s 8. ch. 86-201; s. 2. ch 87-391: s. 8. ch. 89-266. Note. Former s. 166.059- 162.10 Duration of lien.—No lien provided under the Local Government Code Enforcement Boards Act shall continue for a period longer than 20 years after the certi. fied copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is enti- tled to recover all costs, including a reasonable attor- ney's fee, that it incurs in the foreclosure. The continua- tion of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. History.—s. 9. ch. 82-37: is. 9. ch. 86-201: s. 9. ch. 89-268. 162.11 Appeals.—An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the circuit court. Such an appeal shall not be a hearing de novo but shall be lim- ited to appellate review of the record created before the enforcement board. An appeal shall be filed within 30 days of the execution of the order to be appealed. History.—rms- 1, ch. 80-300: s. 10. ch. 82-37, s. 3, ch. 85-150. s 10. ch. 86-201 Note.—Foer s. 166.061. 11'ZQ CITY OF ATLANTIC BEACH CEB Case # 0097 Respondents: BILLY M. ARZIE CODE ENFORCEMENT BOARD CASE PRESENTATION SHEET Mister/Madam Chairman: N A 1. I inspected the property in question, which is located at Ownership of the property was determined by a check of the: tax records _public records _deed _title search other X 2. The code #(s) and nature of the violation(s) discovered are: FLORIDA STATE STATUTE 767 AND ATLANTIC BEACH ORDINANCE SECTION 4-28 X 3. The inspection was made as a result of a: X complaint routine area inspection other X 4. A violation notice was issued to the owner/occupant on: DECEMBER 7, 1995 X 5. Notice to the owner -occupant was achieved by: certified mail X Hand delivery _Posting of Property Police DELIVERED 12/8/95 other N/A 6. I _did did not speak with the owner or someone in charge of the property concerning violations. Brief description of conversation: N/A 7. The latest inspection was made on: N/A 8. The violation(s) that was/were still occurring on that date was/were: N/A 9. To bring the property into compliance, it is necessary to: PAGE 2 CODE PRESENTATION SHEET ARZIE X 10. I do X Do These were taken fair and accurate they were taken. not have pictures/slides of the property. >n These pictures/slides are a representation of the property at the time 11. I would estimate that day(s) of time is necessary to correct the violations. Therefore, the City recommends that the Board find the respondent guilty and give days to comply. Respectfully submitted, Karl W. Grunewald Code Enforcement Officer COMMENTS THIS CASE IS PRESENTED TO THE BOARD TO EVALUATE THE EVIDENCE AND MAKE A DETERMINATION AS TO DEFINING THE ANIMAL IN QUESTION AS BY FLORIDA STATE STATUTE A "DANGEROUS DOG" AND CITY OF ATLANTIC BEACH CODE A "VICIOUS DOG." SHOULD THE BOARD DECLARE THE DOG "VICIOUS OR DANGEROUS" THAT THE APPROPRIATE RESTRICTIONS BE PLACED UPON THE DOG TO BE ADMINISTERED BY THE OWNER AS REQUIRED BY FLORIDA STATE STATUTE 767. WE RECOMMEND THAT SHOULD THE OWNER FAIL TO COMPLY, THAT THE MAXIMUM FINE UNDER FLORIDA STATE STATUTE 162 OF $250.00 PER DAY BE LEVIED. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, } VIOLATION NO. 0097 } Petitioner, ) ) VS. ) SUBPOENA BILLY M. ARZIE Respondent. } -------------------------------- } TO: NAME: DAVID E THOMPSON, CHIEF OF POLICE STREET 800 SEMINOLE ROAD CITY ATLANTIC BEACH STATE FL GREETINGS: YOU ARE HEREBY COW4ANDED 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 9TH day of JANUARY 1996 at 7:30. p. m. in reference to violation of Section: FLORIDA STATUTE 767 AND SECTION 4.28, VICIOUS DOGS, OF THE ATLANTIC BEACH CITY CODE. Failure to appear subjects you to penalty of law. Dated this 18TH day of DECEMBER, 1995. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY Secretary CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 0097 Petitioner, j VS. ) SUBPOENA BILLY M. ARZIE Respondent. ) -------------------------------- ) TO: NAME: B. J. LESTER ANIMAL CONTROL OFFICER STREET 800 SEMIINOLE ROAD CITY ATLANTIC BEACH STATE FL 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 9TH day of JANUARY 1996 at 7:30. p. m. in reference to violation of Section: FLORIDA STATUTE 767 AND SECTION 4.28, VICIOUS DOGS, OF THE ATLANTIC BEACH CITY CODE. Failure to appear subjects you to penalty of law. Dated this 18TH day of DECEMBER, 1995. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY .(2 ecretary CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 0097 ) Petitioner, ) VS. ) SUBPOENA BILLY M. ARZIE Respondent. ) -------------------------------- ) TO: NAME: TERENCE HOLT STREET APARTMENT 4, 724 EAST COAST DRIVE CITY ATLANTIC BEACH STATE FL GREETINGS: YOU ARE HEREBY COb24ANDED 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 9TH day of JANUARY 1996 at 7:30. D. m. in reference to violation of Section: FLORIDA STATUTE 767 AND SECTION 4.28, VICIOUS DOGS, OF THE ATLANTIC BEACH CITY CODE. Failure to appear subjects you to penalty of law. Dated this 18TH day of DECEMBER, 1995. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA (/ S6cretary CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, j VIOLATION NO. 0097 j Petitioner, ) Vs. j SUBPOENA BILLY M. ARZIE Respondent. ) -------------------------------- ) TO: NAME: DAVE MILLER STREET APARTMENT 3, 724 EAST COAST DRIVE CITY ATLANTIC BEACH STATE FL 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 9TH day of JANUARY 1996 at 7:30. p. m. in reference to violation of Section: FLORIDA STATUTE 767 AND SECTION 4.28, VICIOUS DOGS, OF THE ATLANTIC BEACH CITY CODE. Failure to appear subjects you to penalty of law. Dated this 18TH day of DECEMBER, 1995. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY F �. Secretary CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 0097 ) Petitioner, ) ) VS. ) SUBPOENA BILLY M. ARZIE Respondent. ) -------------------------------- ) TO: NAME: TINA DOWNS STREET APARTMENT 3, 724 EAST COAST DRIVE CITY ATLANTIC BEACH STATE FL 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 9TH day of JANUARY 1996 at 7:30. p. m. in reference to violation of Section: FLORIDA STATUTE 767 AND SECTION 4.28, VICIOUS DOGS, OF THE ATLANTIC BEACH CITY CODE. Failure to appear subjects you to penalty of law. Dated this 18TH day of DECEMBER, 1995. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY Se`retary CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, j VIOLATION NO. 0097 ) Petitioner, } } VS. } SUBPOENA BILLY M. ARZIE Respondent. ) -------------------------------- ) TO: NAME: ROBERT G. GASCOIGNE STREET 314A 8TH STREET CITY ATLANTIC BEACH STATE FL GREETINGS: YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board of the City of Atlantic Beach, Florida at City Hall, 000 Seminole Road, Atlantic Beach, Florida on Tuesday, the 9TH day of JANUARY 1996 at 7:30. p. m. in reference to violation of Section: FLORIDA STATUTE 767 AND SECTION 4.28, VICIOUS DOGS, OF THE ATLANTIC BEACH CITY CODE. Failure to appear subjects you to penalty of law. Dated this 18TH day of DECEMBER, 1995. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY�C- Se etary CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 0097 ) Petitioner, ) ) Vs. ) SUBPOENA BILLY M. ARZIE Respondent. ) -------------------------------- ) TO: NAME: SUSAN A. CONDON STREET 583 ROYAL PALMS DRIVE CITY ATLANTIC BEACH STATE FL 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 9TH day of JANUARY 1996 at 7:30. P. m. in reference to violation of Section: FLORIDA STATUTE 767 AND SECTION 4.28, VICIOUS DOGS, OF THE ATLANTIC BEACH CITY CODE. Failure to appear subjects you to penalty of law. Dated this 18TH day of DECEMBER, 1995. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY SdEretary CODE ENFORCEMENT BOARD FLORIDA CITY OF ATLANTIC BEACH, I CITY OF ATLANTIC BEACH, FLORIDA, Petitioner, Vs. BILLY M. ARZIE Respondent. -------------------------------- TO: NAME: I,yN FLETCHER STREET 804 EAST COAST DR CITY ATLANTIC BEACH STATE FL } VIOLATION NO. 0097 ) } } SUg -ENS' 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 9TH day of J.�.NUARY 1996 at 7.30 _P_M- in reference to violation of Section: FLORIDA STATUTE 767 AND SECTION 4.28, VICIOUS DOGS, OF THE ATLANTIC BEACH CITY CODE. Failure to appear subjects you to penalty of law. da of DECEMBER, 1995. Dated this 18___ TH--- y CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FL/ORIDA BY Secretary CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 0097 Petitioner, } VS. } SUBPOENA BILLY M. ARZIE ) Respondent. ) -------------------------------- ) TO: NAME: JOANNA FLETCHER STREET 804 EAST COAST DR CITY ATLANTIC BEACH STATE FL 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 9TH day of JANUARY 1996 at 7:30. D. m. in reference to violation of Section: FLORIDA STATUTE 767 AND SECTION 4.28, VICIOUS DOGS, OF THE ATLANTIC BEACH CITY CODE. Failure to appear subjects you to penalty of law. Dated this 18TH day of DECEMBER, 1995. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY /,r Secretary CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 0097 Petitioner, ) Vs. ) SUBPOENA BILLY M. ARZIE Respondent. ) -------------------------------- ) TO: NAME: RENE ANDERSON STREET 310 8TH STREET CITY ATLANTIC BEACH STATE FL 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 9TH day of JANUARY 1996 at 7:30. p. m. in reference to violation of Section: FLORIDA STATUTE 767 AND SECTION 4.28, VICIOUS DOGS, OF THE ATLANTIC BEACH CITY CODE. Failure to appear subjects you to penalty of law. Dated this 18TH day of DECEMBER, 1995. CODE ENFORCEMENT BOARD CITY OFATL%ANTICC BEACH, `F/LORIDA BY S,�/c retary CHAPTER 767 DAMAGE BY DOGS 767.01 Dog owner's liability for damages to persons or domestic animals. 767.02 Sheep -killing dogs not to roam about. 767.03 Good defense for killing dog. 767.04 Dog owner's liability for damages to persons bitten. 767.05 Dog owner's liability for damages by dog that kills, wounds, or harasses dairy cattle. 767.07 Interpretation. 767.10 Legislative findings. 767.11 Definitions. 767.12 Classification of dogs as dangerous; certifica- tion of registration; notice requirements; con- finement of animal; exemption; appeals; unlawful acts. 767.13 Attack or bite by dangerous dog-, penalties; confiscation; destruction. 767.14 Additional local restrictions authorized. 767.15 Other provisions of chapter 767 not super- seded. 767.16 Bite by a police or service dog; exemption from quarantine. t767.01 Dog owner's liability for damages to per - ns or domestic animals.—Owners of dogs shall be liable for any damage done by their dogs to sheep or other domestic animals or livestock, or to gLagg ._ History.—RS 2341: ch. 4979, 1901; GS 3142; RGS 4957; CGL 7044. 767.02 Sheep -killing dogs not to roam about.—It is unlawful for any dog known to have killed sheep to roam about over the country unattended by a keeper. Any such dog found roaming over the country unattended shall be deemed a run -about dog, and it is lawful to kill such dog. History.—s. 1, ch. 4185, 1893; GS 3143; RGS 4958; CGL 7045. 767.03 Good defense for killing dog.—In any action for damages or of a criminal prosecution against any person for killing or injuring a dog, satisfactory proof that said dog had been or was killing cattle or sheep shall constitute a good defense to either of such actions. History.—s. 1. ch. 4978, 1901; GS 3144; RGS 4959; CGL 7046; s. 1, ch. 79-315. t767.04 Dog owner's liability for damages to per - ons bitten.—The owner of any dog that bites any per- son while such person is on or in a public place, or law- fully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by per- sons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bit- ten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the per- centage that the bitten person's negligence contributed to the biting incident. A person is lawfully upon private Property of such owner within the meaning of this act when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the l3wR or fk- i iniinH gtatPc nr when he is on such property upon invitation, expressed or implied, of the owner. However, the owner is not lia- ble, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his premises a sign easily readable including the words "Bad Dog." The remedy provided by this section is in addition to and cumulative with any other remedy pro- vided by statute or common law. History.—s. 1, ch. 25109, 1949; s. 1, ch. 93-13. 767.05 Dog owner's liability for damages by dog that kills, wounds, or harasses dairy cattle.—An owner or keeper of any dog that kills, wounds, or harasses any dairy cattle shall be jointly and severally liable to the owner of such dairy cattle for all damages done by such dog; and it is not necessary to prove notice to or knowl- edge by any such owner or keeper of such dog that the dog was mischievous or disposed to kill or worry any dairy cattle. History.—s. 2, ch. 79-315: s. 482, ch. 81-259. 767.07 Interpretation.—Section 767.05 is supple- mental to all other laws relating to dogs not expressly referred to therein and shall not be construed to modify, repeal, or in any way affect any part or provision of any such laws not expressly repealed therein or to prevent municipalities from prohibiting, licensing, or regulating the running at large of dogs within their respective limits by law or ordinance now or hereafter provided. History.—s. 2, ch. 79-315. t767.10 Legislative findings.—The Legislature finds at dangerous dogs are an increasingly serious and widespread threat to the safety and welfare of the peo- ple of this state because of unprovoked attacks which cause injury to persons and domestic animals; that such attacks are in part attributable to the failure of owners to confine and properly train and control their dogs; that existing laws inadequately address this growing prob- lem; and that it is appropriate and necessary to impose uniform requirements for the owners of dangerous dogs. History.—s. 1, ch. 90-180. 767.11 Definitions.—As used in this act, unless the fo ntext clearly requires otherwise: 1) "Dangerous dog„ means any dog that according the records of the appropriate authority: (a) Has aggressively bitten, attacked, or endan- gered or has inflicted severe injury on a human being on public or private property; (b) Has more than once severely injured or killed a domestic animal while off the owner's property; (c) Has been used primarily or in part for the pur- pose of dog fighting or is a dog trained for dog fighting; or (d) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of aitack nrovidp.d that such actions are attested to in a ;worn statement by one or more persons and dutifully nvestigated by the appropriate authority. (2) "Unprovoked" means that the victim who has oeen conducting himself peacefully and lawfully has oeen bitten or chased in a menacing fashion or attacked oy a dog. (3) "Severe injury" means any physical injury that -esults in broken bones, multiple bites, or disfiguring lac- -3rations requiring sutures or reconstructive surgery. (4) "Proper enclosure of a dangerous dog" means, Nhile on the owner's property, a dangerous dog is securely confined indoors or in a securely enclosed and ocked pen or structure, suitable to prevent the entry of /oung children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top to prevent the dog from escaping over, finder, or through the structure and shall also provide orotection from the elements. (5) "Animal control authority" means an entity acting alone or in concert with other local governmental units and authorized by them to enforce the animal control aws of the city, county, or state. In those areas not served by an animal control authority, the sheriff shall arty out the duties of the animal control authority under :his act. (6) "Animal control officer" means any individual employed, contracted with, or appointed by the animal 3ontrol authority for the purpose of aiding in the enforce- ment of this act or any other law or ordinance relating to :he licensure of animals, control of animals, or seizure and impoundment of animals and includes any state or ocal law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal. (7) "Owner" means any person, firm, corporation, or organization possessing, harboring, keeping, or having control or custody of an animal or, if the animal is owned oy a person under the age of 18, that person's parent or guardian. History.—s. 2, ch. 90-180; s. 2, ch. 93-13. 767.12 Classification of dogs as dangerous; certifi- cation of registration; notice requirements; confine- ment of animal; exemption; appeals; unlawful acts.— (1)(a) An animal control authority shall investigate -eported incidents involving any dog that may be dan- gerous and shall interview the owner and require a Sworn affidavit from any person, including any animal -ontrol officer or enforcement officer, desiring to have a Jog classified as dangerous. After the investigation, the animal control authority shall determine if a dog is to be :lassified as dangerous and shall immediately provide vritten notification by registered mail or certified hand ielivery to the owner of a dog that has been classified is dangerous. A dog shall not be declared dangerous the threat, injury, or damage was sustained by a Per- on who, at the time, was unlawfully on the property or, chile lawfully on the property, was tormenting, abusing, r assaulting the dog or its owner. (b) The owner may file a written request for a hearing appeal the classification within 10 business days after �ceipt of the written notice and must confine the dog a securely fenced or enclosed area pending a resolu- tion of his appeal. Each applicable local governing authority must establish appeal procedures that con- form to this paragraph. (2) Within 30 days after a dog has been classified as angerous, the owner of the dog must obtain a certifi- cate of registration for the dog from the animal control authority serving the area in which he resides, and the certificate shall be renewed annually. Animal control authorities are authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least 18 years of age and who present to the ani- mal control authority sufficient evidence of: (a) A current certificate of rabies vaccination for the dog. (b) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property. (c) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic implantation. The appropriate governmental unit may impose an annual fee for the issuance of certificates of registration required by this section. (3) The owner shall immediately notify the appropri- ate animal control authority when a dog that has been classified as dangerous: (a) Is loose or unconfined. (b) Has bitten a human being or attacked another animal. (c) Is sold, given away., or dies. (d) Is moved to another address. Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority. The new owner must comply with all of the requirements of this act and implementing local ordinances, even if the animal is moved from one local jurisdiction to another within the state. The animal control officer must be notified by the owner of a dog classified as danger- ous that the dog is in his jurisdiction. _(4) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substan- tial chain or leash and under control of a competent per- son. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or res- piration but will prevent it from biting any person or ani- mal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, with- out a muzzle or leash, if the dog remains within his sight and only members of his immediate household or per- sons 18 years of age or older are allowed in the enclo- sure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle. (5) Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or training pro- cedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are F.S. 1993 LJAMHUC D 1 UUUO exempt from the provisions of this act when engaged in any legal procedures. However, such dogs at all other times in all other respects shall be subject to this and local laws. Dogs that have been classified as dangerous shall not be used for hunting purposes. (6) This section does not apply to dogs used by law enforcement officials for law enforcement work. (7) Any person who violates any provision of this section is guilty of a noncriminal infraction, punishable by a fine not exceeding $500. History.—s. 3, ch. 90-180; s. 3, ch. 93-13. 767.13 Attack or bite by dangerous dog; penalties; confiscation; destruction.— /! 1) If a dog that has'$reviously been declared dan- gerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misde- meanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time, or impounded and held for 10 business days after the owner is given written notifica- tion under s. 767.12, and thereafter destroyed in an expeditious and humane manner. This 10 -day time period shall allow the owner to request a hearing under s. 767.12(1)(b). The owner shall be responsible for pay- ment of all boarding costs and other fees as may be required to humanely and safely keep -the animal during any appeal procedure. „ (2) %k If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, and the owner of the dog had prior knowledge of the dog's dangerous propensities yet demonstrated a reckless disregard of such propensities under the cir- cumstances, the owner of the dog is guilty of a misde- meanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for 10 business days after the owner is given written notification under s. 767.12, and thereafter destroyed in an expeditious and humane manner. This 10 -day time period shall allow the owner to request a hearing under s. 767.12(1)(b). The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (3) If a dog that has previously been declared dan- gerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for 10 business days after the owner is given written notification under s. 767.12, and thereafter destroyed in an expeditious and humane manner. This 10 -day time period shall allow the owner to request a hearing under s. 767.12(1)(b). The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (4) If the owner files a written appeal under s. 767.12(1)(b), the dog must be held and may not be destroyed while the appeal is pending. (5) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner is not guilty of any crime specified under this section. History.—s. 4, ch. 90-180; S. 4, ch. 93-13. k67.14 Additional local restrictions authorized.— Nothing in this act shall limit any local government from placing further restrictions or additional requirements on owners of dangerous dogs or developing procedures and criteria for the implementation of this act, provided that no such regulation is specific to breed and that the provisions of this act are not lessened by such additional regulations or requirements. This section shall not apply to any local ordinance adopted prior to October 1, 1990. History.—s. 5, ch. 90-180. 767.15 Other provisions of chapter 767 not super- seded.—Nothing in this act shall supersede chapter 767, Florida Statutes 1989. History.—s. 6, ch. 90-180. 767.16 Bite by a police or service dog; exemption from quarantine.—Any dog that is owned, or the service of which is employed, by a law enforcement agency, or any dog that is used as a service dog for blind, hearing impaired, or disabled persons, and that bites another animal or human is exempt from any quarantine require- ment following such bite if the dog has a current rabies vaccination that was administered by a licensed veteri- narian. History.—s. 1, ch. 91-228. ANIMALS § 4-29 (b) If any dog or cat shall wander or stray upon the property of any person within the corporate limits of the city and shall cause damage thereon, proof of the damage and the identity of the dog or cat shall be sufficient to convict the person owning or having charge of or control of the dog or cat violating the terms and provisions of this article. (c) If any dog or cat shall defecate on or cause damage to any of the public streets, parks, playgrounds, alleys, or beaches in the city, the owner of said dog or cat shall be subject to the penalties of this article unless such defecation or damage is immediately removed. Dog owners/ handlers shall carry some sort of material or utensil in all cases where their animals are being walked on the beach in Atlantic Beach and shall be required to remove from the beach (not bury) any and all defecation taking place. This provision shall also apply to dog owners whose dogs defecate on people's lawns, on the street ends to the beach, in the public parks, and public rights-of-way. (d) Anyone who takes an animal on the beach must have an Atlantic Beach tag. (Code 1970, § 4-4(d); Ord. No. 95-86-30, § 3, 7-28-86; Ord. No. 95-88-33, § 5, 4-25-88) State law reference—Damage by dogs, F.S. Ch. 767. Sec. 4.27. Disturbing the peace. It shall be unlawful for any person, whether owner, or anyone having charge, custody or control thereof, to keep any dogs or cats within the limits of the city which bark or howl so as to disturb the sleep or peace and quietude of any inhabitants of the city unless otherwise provided by state law. (Code 1970, § 4-4(e)) Sec. 4-28. Vicious dogs. It shall be unlawful for any owner or keeper of any vicious dog to permit such dog to run at large or without the enclosure of the owner or keeper thereof within the corporate limits of the city without being properly muzzled. Any dog known to have bitten any person is hereby defined as a "vicious dog" but the term vicious dog" shall not be limited to only those dogs who are known to have bitten any person. (Code 1970, § 4-5(d)) Sec. 4-29. Rabies suspected. (a) If a dog or cat is suspected of having rabies, or has been bitten by a dog or cat suspected of having rabies, such dog or cat shall be confined by a chain on the owner's premises and the humane society -or licensed veterinarian notified at once. The dog or cat shall then be removed to the proper place for observation for a period of two (2) weeks at the expense of the owner. (b) If any person is scratched or bitten by a dog or cat within the corporate limits of the city then it shall become the duty of the person or the owner of the dog or cat with knowledge thereof, to report the incident to the police department within twenty-four (24) hours there- after. Supp. No. 12 303 § 4-29 ATLANTIC BEACH CODE (c) Any animal reported to have bitten a person shall be kept in quarantine for such period of time and place as may be designated by the city manager for the purpose of testing the dog for disease. Any animal suspected of being infected with rabies shall be released by its owner or custodian to the city manager for laboratory analysis by a licensed veterinarian. No liability for compensation to the owner of the animal shall attach to the city by virtue of any procedure in this article by the city manager. All costs in connection with this section shall be borne by the owner of the animal. (Code 1970, § 4-5) State law reference—Authority of state department of health and rehabilitative services to adopt rules regulating quarantine or destruction of domestic pets or wild animals infected with rabies, F.S. § 381.031(1)(g)l. Sec. 4-30. Citations authorized; penalties provided. (a) The city animal control officer or his designee as approved by the city manager shall have the authority to issue citations to those people whose pets are found to be in violation of this article and sections herein. (b) Violations of this article shall be punishable by fines as follows: Twenty-five dollars ($25.00) for the first offense, forty dollars ($40.00) for the second offense, and seventy-five dollars ($75.00) for the third and subsequent offenses each and every occasion wherein a citation is issued. ' (Ord. No. 97-86-30, § 4, 7-28-86) [The next page is 3531 Supp. No. 12 304 CITY OF ATLANTIC BEACH CEB Case # 0098 Respondents.: JOHN L. GREEN CODE ENFORCEMENT BOARD CASE PRESENTATION SHEET Mister/Madam Chairman: X 1. I inspected the property in question, which is 525 ATLANTIC BLVD, LOTS 809 THROUGH 809 S TTAIR; of the property was determined by a Check of the: tax records ._public records _deed _title other located at ownership search X 2. The code #(s) and nature of the violation "s) discovered are: 12-1-7; Outside storage of refrigeration units; stoves and other miscellaneous items. X 3. The inspection was made as a result of a: X complaint routine area inspection other X 4. A violation notice was issued to the owner/occupant on: November 21, 1995 X 5. Notice to the owner -occupant was achieved by: certified mail _Hand delivery —Posting of property Police signed for on 11/28/95 other x 6. I _did x did not speak with the owner or someone in charge of the property concerninq violations. Brief description of conversation: x 7. The latest inspection was made on: 12-15-95 x 8. The violation (s) that was/were still occurring on that date was/were: same x 9. To bring the property into compliance, it is necessary to: Remove all outside storage from the rear of the stores and PAGE 2 CODE PRESENTATION SHEET Green X 10. I x do _ Do not have pictures/slides of the property. These were taken on 11/22/95 and 12/15/95. These pictures/slides are a fair and accurate representation of the property at the time they were taken. 11. I would estimate that 5 day s j of time is necessary to correct the violations. Therefore, the City recommends that the Board find the respondent guilty and give 5 days to romplir: Respectfully submitted, Karl W. Grunewald Code Enforcement Officer CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING December 18, 1995 MR. John L. Green et al. 525 Atlantic Boulevard ATLANTIC BEACH FL 32233 Dear MR. Green: 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 9TH day of JANUARY, 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: 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 525 Atlantic Boulevard the following condition(s): outside storage of miscellaneous building material; refrigeration units stoves and other restaurant equipment in the rear of the property. 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 Trudy Lopanik, 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: SECRETAVY Sincerely, � f\ G. E. MARTIN Chairman, Code Enforcement Board t CITY OF AW40ctzc iea - �Cvuda D�o v. 'e`r2l . 1995 John L. Green. et. al 525 Atlantic Boulevard Atlantic Beach. FL 32233 Dear Mr. Green: 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904) 247-5805 Our records indicate that you are the owner of the following property in the City of Atlantic Beach. Florida: 525 Atlantic Boulevard a/k/a Lots 804 to 809, Saltair RE#170684-0000 Investigation of this property discloses that I have found and determined that a vublic nuisance exists thereon so as to constitute a violation of Citv of Atlantic Beach Ordinance Chapter 12. Section 12-1-(7) i.e.. outside storage of miscellaneous building material, refrigeration units, stoves and other restaurant equipment in the rear of property. You are herebv notified that unless the condition above described is 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 Statute 162.09. the Code Enforcement Board mai• impose fines of up to 5250.00 per day for a first violation and 5500.00 per day for a repeat violation. Sincerely. Karl W. Grunewald Code Enforcement Officer KWG/pah cc: City Manager CERTIFIED MAIL RETURN RECEIPT REQUESTED CITY OF ATLANTIC BEACH CEB Case # 0099 Respondents: HUNG H. VO CODE ENFORCEMENT BOARD CASE PRESENTATION SHEET Mister/Madam Chairman: X 1. I inspected the property in question, which is located at 457 IKkKO DR.; ownership of the property was determined by a (--heck of the: tax records _public records _deed title search other X 2. The code #(s) and nature of the violation(s) discovered are: NATIONAL ELECTRICAL CODE 230-74(A)(3) AND JEA RULES AND REGULATIONS FIG. 3.03, ELECTRIC SERVICE IS RESTING ON ROOF. X 3. The inspection was made as a result of a: X complaint routine area inspection other. X 4. A violation notice was issued to the owner/occupant on: SEPTEMBER 28, 1995 X 5. Notice to the owner -occupant was achieved by: X certified mail XHand delivery _Posting of property Police DELIVERED ON OCTOBER 9, 1995 x G. I X_did did not speak with the owner or someone in charge of the property concerning violations. Brief description of conversation: MRS. VO WAS INFORMED OF THE VIOLATION AND INSTRUCTED TO HAVE A LICENSED ELECTRICIAN TO CORRECT IT. x 7. The latest inspection was made on: 12-15-95 X 8. The violation(s) that was/were still occurring on that date was/were: same X 9. To bring the property into compliance, it is necessary to: PRISE THE SEPATICE DRIP LOOP 18 II`ICHES ABOVE THE ROOF PAG E 2 CODE PRESENTATION SHEET VO X 10. I x do _ Do not have pictures/slides of the property. These were taken on 9/29/95. These pictures/slides are a fair and accurate representation of the property at the time they were taken. 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 aysto comply. Respectfully submitted, Karl W. Grunewald Code Enforcement Officer NOTE: CONTINUED FRICTION BETWEEN THE SERVICE LINES AND THE ROOF CAN CAUSE A FIRE. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING December 18, 1995 MR. Hung H. Vo 457 Mako Drive ATLANTIC BEACH FL. 32233 Dear MR. Vo: 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 9TH day of JANUARY, 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: Section 4-I(a) and 12-1-5, of the Code of the City of Atlantic Beach, and National Electrical Code 230- 24(a)(3) JEA Rules and Regulations Fig 3.03. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 457 Mako Drive , the following condition(s): keeping and housing of ducks or chickens _(poultry) ; the electrical service to 457 Mako Drive is resting, on the roof. This is an extreme safety hazard and must be corrected by a licensed electrical contractor immediately. 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 Trudy. Lopanik, 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 eventu of all appeal should be secured at your expense. ATTEST: SECRETARY Sincerely, G. E. MARTIN Chairman, Code Enforcement Beard September 28, 1995 Mr. Hung H. Vo 457 Mako Drive Atlantic Beach, FL 32233 Dear Mr. Ho: 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904) 247-5805 Our records indicate that you are the owner of the following described property in the City of Atlantic Beach: 457 Mako Drive a/k/a Lot 19, Block 12, Royal Palms 2A RE#171462-0000 Investigation of this property discloses and I have found and determined that this property is in violation of the following City of Atlantic Beach Ordinances: Chapter 4, Section 4-7(a) and Chapter 12, Section 12-1-5,- i.e., Keeping and housing of ducks or chickens (poultry). You were previously notified of this violation on February 17, 1995. National Electrical Code 230-24(a)(3) JEA Rules and Regulations Fig 3.03, i.e., the electrical service to 457 Mako Drive is resting on the roof. Raise lines to a minimum of 18 inches above roof. This is an extreme safety hazard and must be corrected by a licensed electrical contractor immediately. You are hereby notified that unless the conditions described above are remedied within fifteen (15) days from the date hereof, this case will be turned over to the Code Enforcement Board. Under Florida Statute 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, Karl W. Grunewald Code Enforcement Officer KWG/pah cc: City Manager VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED 70-74 NATIONAL ELECTRICAL CODE Service -drop conductors shall not be readily accessible and shall comply with (a) through (d) below for services not over 600 volts, nominal. (a) Above Roofs. Conductors shall have a vertical clearance of not less Ithan 8 feet (2.44 m) above the roof surface. The vertical clearance above the roof level shall be maintained for a distance not less than 3 feet (914 mm) in all directions from the edge of the roof. Exception No. 1: The area above a roof surface subject to pedestrian or , vehicular traffic shall have a vertical clearance from the roof surface in z-• accordance with the clearance requirements of Section 230-24(b). Exception No. 2: Where the voltage between conductors does not exceed 300 and the roof has a slope of not less than 4 inches (102 mm) in 12 inches (305 mm), a reduction in clearance to 3 feet (914 mm) shall be permitted.: Exception No. 3: Where the voltage between conductors does not exceed 300, a reduction in clearance above only the overhanging portion of the roof to not less than 18 inches (457 mm) shall be permitted if (I) not Imore than 6 feet (1.83 m) of service -drop conductors, 4 feet (1.22 m) hoii- zontally, pass above the roof overhang, and (2) they are terminated at a through -the -roof raceway or approved support. (EPN): See Section 230-28 for mast supports. Exception No. 4: The requirement for maintaining the vertical clearance 3 feet (914 mm) from the edge of the roof shall not apply to the final conduc- tor span where the service drop is attached to the side of a building. (b) Vertical Clearance from Ground. Service -drop conductors where not in excess of 600 volts, nominal, shall have the following minimum clearance from final grade. 10 feet (3.05 m) — at the electric service entrance to buildings, or at the drip loop of the building electric entrance, or above areas or sidewalks accessible only to pedestrians, measured from final grade or other accessi- ble surface only for service -drop cables supported on and cabled together with a grounded bare messenger and limited to 150 volts to ground. 12 feet (3.66 m) — over residential property and driveways, and those commercial areas not subject to truck traffic where the voltage is limited to 300 volts to ground. 15 feet (4.57 m) — for those areas listed in the 12 -foot (3.66-m) classifi- cation where the voltage excecds 300 volts to ground. 18 feet (5.49 m) — over public streets, alleys, roads, parking areas sub- ject to truck traffic, driveways on other than residential property, and other land traversed by vehicles such as cultivated, grazing, forest, and orchard. (c) Clearance from Building Openings. See Section 230-9. (d) Clearance from Swimming Pools. See Section 680-8. 230-26. Point of Attachment. The point of attachment of the service -drop conductors to a building or other structure shall provide the minimum clearances as specified in Section 230-24. In no case shall this point of attachment be less than 10 feet (3.05 m) above finished grade. CITY OF ATLANTIC BEACH CEB Case # 0100 Respondents: WILLIE E. DAVIS CODE ENFORCEMENT BOARD CASE PRESENTATION SHEET Mister/Madam Chairman: X 1. I inspected the property in question, which is located at 60 DUDLEY ST. ownership of the property was determined by a "Aleck of the: X tax records —public records —deed _title search other X 2. The code #i:sj and nature of the violation's) discovered are: CHAPTER 10D - 6. 042 FL. DEPT OF HEALTH, I. E., FAILURE OF SEPTIC TANK• CHAPTER 22 SECTIONS 74 & 90 ATLANTIC BEACH CODE CONNECTION TO PUBLIC SEWER R.EQUIR.ED. X 3. The inspection was made as a result of a: X complaint routine area inspection other X 4. A violation notice was issued to the owner/occupant on: AUGUST 24, 1995 X 5. Notice to the oA,rner-occupant was achieved by: X certified 'nail `n'Hand delivery _Posting of property Police SIGNED FOR ON AUGUST 26, 1995 X 6. I X_did did not speak with the owner or someone in charge of the property concerning violations. Brief description of conversation: MR. DAVIS WAS PERSONALLY INFORMED TO CONNECT HOUSE TO PUBLIC SEWER. AT A LATER DATE, MRS. DAVIS CALLED A.AID WAS GIVEN THE SAME INFORMATION. 7. The latest inspection was made on: 12-15-95 X 8. The violation(s) that was/were still occurring on that date was/were: FAILED SEPTIC TANK• RAW SEWAGE PRESENT IN YARD. x 9. To bring the property into compliance, it is necessary to: CONNECT BUILDING DRAIN TO PUBLIC SEWER, SYSTEM. PAGE 2 CODE PRESENTATION SHEET DAdI S X 10. I x do _ Do not have pictures/slides of the property. These were taken on 12/15/95 These pictures/slides are a fair and accurate representation of the property at the time they were taken. 11. I would estimate that 15 day(s) of time is necessary to correct the violations. Therefore, the City recommends that the Board find the respondent guilty and give 15 days to comply.. Respectfully submitted, Karl W. Grunewald Code Enforcement Officer CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING December 18, 1995 MR. Willie E. Davis 780 Bonita Road ATLANTIC BEACH FL 32233 Dear MR. Davis: 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 herebv notified and ordered to appear at the next public hearing of the Code Enforcement Board on TUESDAY, the 9TH day of JANUARY, 1996 AT 7:30 P. M. at Atlantic Beach City Hail, 800 Seminole Road, to answer and be heard to the alleged violations of the following Sections: 22-74 22-90 and 22-71, of the Code of the City of Atlantic Beach, and Chapter 10 D-6.042 Florida Department of Health (failure of septic tank). It is alleged that you are in violation of the above enumerated code sections) in that there exists on the premises located at 60 Dudley Street , the following condition (s) Connection to public sewer required within ninety (90) days, i.e., the septic tank and system has failed; depositing of human excrement on public or private property. 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 Trudy Lopanik, 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. / SECRETAJY G. E. MARTIN Chairman, Code Enforcement Board CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, } VIOLATION NO. 0097 } Petitioner, j VS. ) SUBPOENA WILLIE E. DAVIS } Respondent. ) -------------------------------- } TO: NAME: LISA WILLIAMS STREET 1810 PARK STREET CITY ATLANTIC BEACH STATE FL GREETINGS: YOU ARE HEREBY COAMANDED 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 9TH day of JANUARY 1996 at 7:30. D. m. in reference to violation of Section: 22-74, 22-90, AND 22-71 AND CHAPTER 10 D- 6.042 FLORIDA DEPARTMENT OF HEALTH (FAILURE OF SEPTIC TANK) Failure to appear subjects you to penalty of law. Dated this 18TH day of DECEMBER, 1995. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY L !� Secretary I CITY OF August 24, 1995 Willie E. Davis 780 Bonita Road Atlantic Beach, FL 32233 Dear Mr. Davis: 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904) 247-5805 Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: Re: 60 Dudley Street a/k/a N.1/2 Lot 15, Block 2, Donner Replat RE#172215-0000 Investigation of this property discloses that I have found and determined that you are in violation of City of Atlantic Beach Ordinance Chapter 22, Sections 22-74 and 22-90 - Connection to public sewer required within ninety (90) days, i.e., the septic tank and system has failed; Chapter 22, Section 22-71 - Depositing of human excrement on public or private property; Chapter 10 D- 6-:042 Florida Department of Health (failure of septic tank). You are hereby notified that unless the conditions above described are remedied within ninety ( 90 ) days from the date of your receipt hereof this case will be turned over to the Code Enforcement Board. Under Florida Statute 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, Karl W. runewald ' Code Enforcement Officer KWG/pah cc: City Manager CERTIFIED MAIL RETURN RECEIPT REQUESTED CITY OF ATLANTIC BEACH CEB Case # 0101 Respondents: LAURETTE IRARRECHE CODE ENFORCEMENT BOARD CASE PRESENTATION SHEET Mister/Madam Chairman: X 1. I inspected the property in question, which is located at 297 PINE ST . ownership of the property was determined by a check of the: X tax records _public records ,deed _title search other X 2. The code Us) j and nature of the violation(s) discovered are: 12-1-7; OUTSIDE STORAAGE OF MISCELLANEOUS ITEMS• 12-1 - HIGH GRASS AND WEEDS. X 3. The inspection was made as a result of a: X complaint routine area inspection other X 4. A violation notice was issued to the owner/occupant on: 10/2.0/95 X 5. Notice to the owner -occupant was achieved by: X certified mail XHand delivery _Posting of property Police SIGNED FOR ON 10/25/95 x 6. I _did X did not speak with the owner or someone in charge of the property concerning violations. Brief description of conversation: x 7. The latest inspection was made on: 12-15-95 X 8. The violation(s) that was/were still occurring on that date was/were: SAME X 9. To bring the property into compliance, it is necessary to: PROPERLY STORE ITEMS WITHIN AN ENCLOSED AREA. PAG E 2 CODE PRESENTATION SHEET IRARRECHE X 10. 1 x do _ Do not have pictures/slides of the. property. These were taken on 12/15/95 These pictures/slides are a fair and accurate representation of the property at the time they were taken. 11. I would estimate that 5 dayksj of time is necessary to correct the violations. Therefore, the City recommends that the Board find the respondent guilty and give 5 days to comply. Respectfully submitted, Karl W. Grunewald Code Enforcement Officer CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING December 18, 1995 MS. Laurette Ibarreahe 297 Pine Street ATLANTIC BEACH FL. 32233 Dear M:s. Ibarreche: 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 9TH day of JANUARY, 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: 12-1-7 and 12-1-3, 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 297 Pine Street the following condition(s): grass and vegetation over 12 inches; outside storage of miscellaneous items 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 Trudy Lopanik, 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: SECRETARY Sincerely, G. E. MARTIN Chairman, Code Enforcement Board CITY OF �/��'/ i October 20, Laurette Ibarreche 297 Pine Street Atlantic Beach, FL 32233 Dear Ms. Ibarreche: 1995 900 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5435 TELEPHONE (904) 247-5800 FAX (904) 247-5805 Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: 297 Pine Street a/k/a Lot 526, Saltair, Section 3 RE#170559-0000 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 12-1-7 and 12-1-3 ire., grass and vegetation over 12 inches; outside storage of miscellaneous items. You are hereby notified that unless the condition above described is 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 Statute 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, Karl W. Gfunewald Code Enforcement Officer KWG/pah cc: City Manager CERTIFIED MAIL RETURN RECEIPT REQUESTED