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