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05-07-96 CEB Agenda PacketCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P. M., MAY 7, 1996 Call to order Pledge to the Flag Roll Call 1. Approval of the minutes of the regular meeting of March 5, 1996 and the special meeting of March 14, 1996. 2. Recognition of Visitors and Guests regarding any matters that are not listed on agenda. The following information contains a report of compliance relative to old business of the Board. If a Board member has questions or would like further information regarding any of the reports the Code Enforcement Officer will be happy to respond to questions at the meeting. Case No. 0106 - Wadie Bakkar - owner of property located at 31 Royal Palms Drive - brought before the Board in violation of National Fire Protection Code and Standard Building Code. Wadie Bakkar was found to be in violation of the National Fire Protection Code, but because the property had been brought into compliance no fine was levied. With reference to the Standard Building Code, the Board voted to allow Mr. Bakkar to meet with Don Ford, Building Official, and proceed in an orderly manner to correct violations. If violations were not totally and completely cleared up within 45 days, by April 19, 1996, a fine of $250.00 per day would be levied against the property, beginning April 20, 1996. Mr. Bakkar was instructed to meet with Don Ford Thursday, March 7, 1996, 9:00 a.m. at the Atlantic Beach City Hall. (In Compliance). Case No. 0103 - James Smith - owner of property located at 85 Edgar Street, brought before the Board in violation of Section 12- 1-7. James Smith was found to be in violation of the code referenced above. Mr. Smith was given 15 days to bring the property into compliance. If the property had not been brought into compliance a fine of $50.00 per day would be levied. (In compliance). Case No. 0104 - Harry L. Caine - owner of property located at 449 Mako Drive, brought before the Board in violation of Section 12-1- Page 2 Code Enforcement Agenda May 7, 1996 3. Harry L. Caine was found to be in violation of Section 12-1-3 of the Code. No fine was levied against the property because the property had been brought into compliance. (In Compliance). 4. Old Business from Special Meeting of March 14, 1996 Case No. 0105 - Donald T. Moses - owner of property located at Lot 8, Ocean Breeze, brought before the Board in violation of Chapter 24, Section 82 and 151. Donald T. Moses was found to be in violation of the Sections referenced above. No fine was levied against the property because the property had been brought into compliance. The board found that Mr. Moses was not guilty of using the satellite dish for commercial purposes and was therefore not in violation of that city ordinance. (Case was appealed to Circuit Court) . 5. New Business: Case No. 0111 -.Shirley M. Murphy - owner of property located at 434 Skate Road, in violation of Florida Statute 767.12 and Section 4-6 of the Code of the City of Atlantic Beach in that there exists on the premisses located at 434 Skate Road the following condition(s): dogs are being declared dangerous due to their unprovoked behavior to a person and another animal when off your property, unleashed, on the right-of-way and public road on February 29, 1996. Case No. 0107 - Sarah and Charles Bratcher - owner of property located at: Lying Between West 9th St. and W. 10th St., in violation of: Section 12-1-7 AND 12-1-8 OF THE ATLANTIC BEACH CODE OF ORDINANCES in that there exists on the premises referenced above the following condition(s): abandoned vehicle; outside storage;. high grass and weeds; unsound structure. Case No. 0108 - Robert J. Stewart - owner of property located at: 348 Church Street; in violation of Section 12-1-7, 12-1-8, and 16-3 of the Code in that there exists on the premises referenced above the following condition(s): outside storage; unsound structure, trash to be placed in containers. Case No. 0109 - Christine Sanders - owner of property located at 30 Ardella Road; in violation of Section 12-1-7 of the code in that Page 3 Code Enforcement Agenda May 7, 1996 there exists on the premises referenced above the following condition(s): abandoned unregistered motor vehicle. Case No. 0110 - David and Susan Lewis - owner of property located at 1447 Mayport Road; in violation of Section 12-1-8 of the Code in that there exists on the premises referenced above the following c condition(s): building has rotted facia and soffit boards; missing facia and soffit; building is not impervious to weather and rodents. Case No. 0111 - Wayne V. Weinaug - owner of property located at 845 Amberjack Lane; in violation of Section 12-1-7 and 24-65 of the Code in that there exists the following condition(s) at property referenced above: outside storage of building material, furniture 5 gallon buckets, plumbing fixtures, weight lifting egipment,- building permit required for enclosed garage or carport. 5. Request for Lien. Action: St. Amount of Lien 1,270.00 Pierce, Joseph Address 21 Lewis Moss, J. V. Or Heirs 56 Lewis St. 1,270.00 7. Adjournment CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING April 17, 1996 Dear Ms. Murphy: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens, residents of Atlantic Beach, who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on TUESDAY, the 7th day of MAY, 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: Florida Statute 767.12 and Section 4-6 and 4-28, 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 434 SKATE ROAD, Atlantic Beach, the following condition(s): your doors are being declared dangerous die to their unprovoked behavior to a person and another animal when off )=r property, unleashed, on the right- of-way and public road on February 29, 1996. The Code Enforcement Board has the power to levy fines up to $250.00 per day for the first offense and $500.00 for the second offense against the property, if a violation is found to exist beyond the date set by the Board for compliance. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses, subpoenaed or if you have questions regarding the procedure, please contact 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, G. E. MARTIN Chairman, Code Enforcement Board CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 0111 Petitioner, ) vs. ) SUBPOENA SHIRLEY M. MURPHY Respondent. ) -------------------------------- ) • 1:: SHARRON ,•�•� STREET437 SKATE .•.D ATLANTICCITY BCH, FL 32233 STATE FL YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board of the City of Atlantic Beach, Florida at City Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the 7TH day of MAY 1996 at 7:30. p. m. in reference to violation of Sections: FLORIDA STATUE 767.12; SECTION 4-6 AND 4-28 OF THE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA Failure to appear subjects you to penalty of law. Dated this 17TH day of APRIL, 1996. _ CODE ENFORCEMENT BOARD CITY OF •• BY / GGit ' j / ecretary CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 0111 Petitioner, ) vs. ) SUBPOENA SHIRLEY M. MURPHY Respondent. ) -------------------------------- ) NAME: BREJAY LESTER,ANIMAL •spy,• OFFIC STREET:11 SEMINOLE ROAD CITY ATLANTIC BCH, FL 32233 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 7TH day of MAY 1996 at 7:30, p, m. in reference to violation of Sections: FLORIDA STATUE 767.12; SECTION 4-6 AND 4-28 OF THE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA Failure to appear subjects you to penalty of law. Dated this 17TH day of APRIL, 1996. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY Secretary Dangerous Dog Appeal - FSS 767 Owner: Shirley M. Murphy 434 Skate Road Atlantic Beach Black Chow "Midnight" Red Chow "Cinnamon" On March 4, 1996 the Animal Control Officer, BeeJay Lester, determined the above dogs as being dangerous. Notification was made in writing to Shirley Murphy with the appropriate statutes and Atlantic Beach codes stated therein. There is sufficient evidence to prove that the dogs should be declared dangerous. Notification was also provided stating the right of Mrs. Murphy to appeal the determination to the Code Enforcement Board. BeeJay Lester will provide testimony and evidence, sworn statements, and bite reports as needed for the Board to determine and declare the dogs dangerous under FLSS 767 and Atlantic Beach Ordinance Chapter 4, Section 4-6 and 4-28. CITY OF Hand Delivered March 4, 1996 Mrs. Shirley M. Murphy 434 Skate Road Atlantic Beach, FL 32233 Re: "Dangerous Dogs" - Black Chow "Midnight" and Red Chow "Cinnamon Dear Mrs. Murphy: ATLANTIC BEACH POLICE DEPT. 850 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 TELEPHONE (904) 247-5859 This letter is to inform you that your dogs described above are being classified as "dangerous" under Florida Statute 767.12. You are also in violation of the Atlantic Beach Ordinance Section 4-6 "Nuisance Animals" and Section 4-28 "Vicious Dogs". Your dogs are being declared dangerous due to their unprovoked behavior to a person and another animal when off your property unleashed on the right-of-way and public road on 2-29-96. Please see police incident report 3643 dated 2-29-96 by Officer Harding. Your file contains three citations previously issued to you regarding your dogs. A statement is on file from the victim of the bite report 3643. Should you wish to appeal this action, you are required to file notice in writing within seven (7) calendar days for a hearing before the Atlantic beach Code Enforcement Board. You are required to properly confine these dogs in a securely fenced or enclosed area pending the outcome of this investigation and resolutions of any hearings relating thereto. In addition, no dog(s) that are the subject of a dangerous dog investigation or any hearings related to the matter, can be relocated or ownership transferred pending the outcome of an investigation or any hearings related thereto. Per your conversation today with Mr. Scott Heston of Florida Rabies Control Office, you have agreed to keep the dogs under home quarantine due to the fact that their rabies inoculations are up to date and they have city pet tags. If either one or both of your dogs are out of your yard during this quarantine, they will be confiscated and sent to Jacksonville Animal Control. Additionally, you will be subject to a civil infraction citation of $75 if either or both dogs are out of your yard. The quarantine extends for 10 days from date of the bite/attack. a On March 11, 1996 you are to contact this office and Rabies Control (630-3260) to confirm that the dog(s) are alive and well. Should you have any questions concerning this matter, please contact me at 247-5866. Sincerely, BeeJay Lester, Animal Control Officer Copies: David E. Thompson, Public Safety Director John Campbell, Police Chief City Manager, City Hall ,,,Code Enforcement Officer, City Hall CITY OF Sworn Affidavit ATLANTIC BEACH POLICE DEPT. 850 SFb4INOLE ROAD ATLANTIC BEACH, FLORIDA 32233 TELEPHONE (904) 247-5859 This affidavit is to declare the following described dog "dangerous"under Florida Statute 767.12 and under Atlantic Beach Animal Ordinance Sec. 4-2 "Vicious Dogs. S Alt ' 111 D 03:) of �j K AT/- . BL�(state) E� (address) � / �-� (c�) Tel. # 7 �` ��o hereby wish to have the her described dog declared dangerous as outlined in the above statutesfordinances. J -K - j�'j1 1 f�N 16W -7- / j Gvs�S color) (sex) r(name) Description of dog. (breedC— 0 ( Dog Owner: %.�L Y Address31� � i LI Home Tel. # [ g- a Work --O' Signed( PATRICIA A410NETTE Witnesses Notary Seal Q T PUBLIC My Comm Exp&27/9,rj COMM N6RPb���l d. Note: Comments should include all details of incident, i.e. date/iime/location and specifics o w a Continued.... I have seen the owners of the two dogs ( Midnight and Cinnamon ) leave the house and watch the dogs come out of their gate unleashed and unattended. They don't attempt to restrain their animals or they wait until they return on their own to put them back inside the house. I've called animal control and the police department on more than one occasion regarding the two dogs at: 434 Skate Road , once Midnight had trapped himself in between the gates lining my back yard and the neighbors behind me. There was no one at home to come retrieve him. I called the police and there was nothing he could do. The dogs are frequently allowed to roam the streets without an escort or leash. These dogs have been a nescience since the day they moved in across the street from me . I have watched the dogs chase people whom were walking down the street and no one would come out of the house to get them back inside the gate. Midnight has come into my yard barking at my daughter while she removed bags from my car. Yet the owners of these dogs say their dogs never leave their yard. I once attempted to lock my gate to show proof of the dogs being in my yard. When they saw me closing my gate they sent someone over to get them before the police could come to make the report. Needless to say .... these dogs are a menace to the neighborhood. I have witnessed a dog fight between Midnight and another neighbors dog which took place in the yard of the other dog. There again no one attempted to retrieve the dog from the neighbors yard. When I tried to politely inform the woman of the house that her dogs were out: she ignored me so it was made necessary for me to place several complaints with animal control and the police. CITY OF ATLANTIC BEACH CEB Case # O(oq - Respondents: SARAH AND CHARLES BRATCHER CODE ENFORCEMENT BOARD CASE PRESENTATION SHEET Mister/Madam Chairman: X 1. I inspected the property in question, which is located at BETWEEN W. 9TH AND W. 10TH S R., ownership of the property was determined by a check of the: X tax records public records deed title search other X 2. The code #(s) and nature of the violation s) discovered are: 12-1-7 Abandoned Vehicle; Outside Storage, High Grass and Weeds,; Sec. 12-1-8 - Unsound Structure, X 3. The inspection was made as a result of a: X complaint X routine area inspection other _X 4. A violation notice was issued to the owner/occupant on: November 2, 1995 X 5. Notice to the owner -occupant was achieved by: X certified mail _ hand delivery _Posting of property Police 2L- 6. I _ did X_did not speak with the owner or someone in - charge of the property concerning violations. Brief description of conversation: 7. The latest inspection was made on: 4-10-96 X 8. The violation(s) that was/were still occurring on that date was/were: SAME X__ 9. To bring the property into compliance, it is necessary to: remove abandoned vehicles, outside storage to be removed, cut all high grass and weeds, repair the garage/comport structure. X 10. Imo_ do _ Do not have pictures/slides of the property. These were taken on 4-10-96 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_jQ days to comply. Respectfully submitted, Karl W. Grunewald Code Enforcement Officer My notice to Sarah Bratcher was referred to her attorney, Samuel LePrell. His letter to me is enclosed. Research on my part disclosed that the property was grand -fathered under previous zoning. However, as my correspondence to Mr. LePrell indicates, the Bratchers are still required to maintain the property in a manner not detrimental to the community (copy of my correspondence enclosed). A part of the property has been cleared, but a pile of trash remains. A second parcel of land remains in full violation, as stated. Similar violations were brought before the Board in 1992, but no action was taken due to the death of Mr. Bratcher. In the minutes of the Community Development Board of 7-16-91 the issue of a large shrimp boat stored on the property came up. Mr. Bratcher had requested a variance and part of the grant of that variance required the removal of said boat. In the minutes Mr. Bratcher's attorney assured the Board that it would not remain on the property much longer. 800 SEMINOLE ROAD - ------ - ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904) 247-5805 anu1996 SUNCOM 852-5800 4 Samuel L. LePrell, Esquire 901 Blackstone Building 233 East Bay Street Jacksonville, FL 32233 Re: Bratcher Property Lying Between West 9th St. and W. 10th Street Dear Mr. LePrell: I am in receipt of your letter dated November 14, 1995. I have not pursued this matter in hopes that your advice to Mr. Charles Bratcher to immediately remove the junk, abandoned vehicles and cut the grass and weeds, would ensue. To date the only evidence of activity is that someone has cut the vegetation around all of the discarded items. There still remains high grass and weeds, abandoned junk vehicles, tractor, household appliances, a tugboat rotting away, a discarded oil tank and other miscellaneous discarded items. I am enclosing for your perusal the previous zoning restrictions on the property. Please note that those lots within the BA Zoning prohibit outside vehicle repair work, stored parts, bodies and junk. The BB District prohibits junkyards. A contractor's yard is permitted provided it is not injurious to the neighborhood. The property and its contents as it now stands violates that part of the old zoning code. It further violates the nuisances code Chapter 12 of the City of Atlantic Beach, in particular Sections 12-1-3, Section 12-1-4 Stagnant water accumulating in the oil tank through the large hole in the upper portion. Section 12-1-6, Section 12-1-7, some of the accessory structures appear structurally dangerous, etc. (copy enclosed) It is not my intent to prevent the Bratchers from using their property as a construction yard, however, they will be required to bring the property and its contents into conformity with Chapter 12 of the Atlantic Beach Code. Samuel L. LePrell Page Two January 25, 1996 I am extending the original thirty days for compliance by an additional fifteen days from date of receipt hereof. Failure to comply within this time will result in this matter being brought before 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 Enclosures cc: S. Bratcher City Manager Public Safety Director VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED SAMUEL L. LEPRELL (904)353-4433 November 14, 1995 Mr. Karl W. Grunewald Code Enforcement Officer City of Atlantic Beach -Florida 800 Seminole Road Atlantic Beach, Florida 32233-5445 RE: Sara Bratcher Dear Mr. Grunewald: Your letter of November 2, 1995 to Mrs. Bratcher, has been referred to me. Please be advised that the property referred to in your letter has, according to Mrs. Bratcher's son, Charles Bratcher, been continuously used as a construction yard since 1954. I believe that the current use of the property may be grandfathered. The Bratchers erected a six-foot chain link fence and store their construction equipment inside the fenced area. When I spoke to Mr. Charles Bratcher, I advised him to immediately remove the junk and/or abandoned vehicles from the premises and to cut the high grass and weeds. He said that he would do so. I also emphasized that the construction equipment, including the tug boat which is to be used in marine construction, should be stored inside the fence area along with the fuel tank. The Bratchers have received a few other notices of -possible zoning violations over the years, but each time the matter was closed due to their contin-uous use of the rrc arty ac a const, -i. Ct_e*1 1rarr7 since 1954. Since the Bratchers intend to cooperate in the removal of the abandoned vehicles and the high grass and weeds, I would trust that when this accomplished and the construction equipment, including the tug boat are placed inside the fenced area, that this matter will be closed and that the Bratchers will be allowed to continue to store their construction equipment on their property. Sincerely, Samuel L. LePrell SLL:cdw cc: Mrs. Sara Bratcher 901 BLACKSTONE BUILDING, 233 EAST BAY STREET JACKSONVILLE. FLORIDA 32202 (904) 353-3877 • FAX (904) 354-0660 A TQRN>EY-AN'D C011NSE?LOR::] November 14, 1995 Mr. Karl W. Grunewald Code Enforcement Officer City of Atlantic Beach -Florida 800 Seminole Road Atlantic Beach, Florida 32233-5445 RE: Sara Bratcher Dear Mr. Grunewald: Your letter of November 2, 1995 to Mrs. Bratcher, has been referred to me. Please be advised that the property referred to in your letter has, according to Mrs. Bratcher's son, Charles Bratcher, been continuously used as a construction yard since 1954. I believe that the current use of the property may be grandfathered. The Bratchers erected a six-foot chain link fence and store their construction equipment inside the fenced area. When I spoke to Mr. Charles Bratcher, I advised him to immediately remove the junk and/or abandoned vehicles from the premises and to cut the high grass and weeds. He said that he would do so. I also emphasized that the construction equipment, including the tug boat which is to be used in marine construction, should be stored inside the fence area along with the fuel tank. The Bratchers have received a few other notices of -possible zoning violations over the years, but each time the matter was closed due to their contin-uous use of the rrc arty ac a const, -i. Ct_e*1 1rarr7 since 1954. Since the Bratchers intend to cooperate in the removal of the abandoned vehicles and the high grass and weeds, I would trust that when this accomplished and the construction equipment, including the tug boat are placed inside the fenced area, that this matter will be closed and that the Bratchers will be allowed to continue to store their construction equipment on their property. Sincerely, Samuel L. LePrell SLL:cdw cc: Mrs. Sara Bratcher 901 BLACKSTONE BUILDING, 233 EAST BAY STREET JACKSONVILLE. FLORIDA 32202 (904) 353-3877 • FAX (904) 354-0660 e CITY OF r*e444z 800 SEMINOLE ROAD _-.—_----------------__-- -- ---_-- ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-58M FAX (904) 247.5805 November 2. 1995 Mrs. Sara Bratcher 60 West 10th Street Atlantic Beach. FL 32233 Dear Mrs. Bratcher: Our records indicate that you are the owner of the following_ Property in the City of Atlantic Beach, Florida: Vacant and Occupie4d Lots on W. 9th & 10th St. a/k/a Lots 1 to 6, Blocks 66 and 67, Section H Lot 66 - RE#170812-0000 / Lot 67 - RE#172813-0000 Investiaation of this DroDerty discloses that I have found and determined that you are in violation of City of Atlantic Beach Ordinance Chapter 12, Section 12-1-7 - Abandoned vehicles, outside storage, high grass and weeds. i.e., ten abandoned vehicles, tugboat, one large fuel tank, miscellaneous construction eauipment and other items stored openly on the above listed property. Violation of Zoning Ordinance 24 -111 -CG. You are hereby notified that unless the condition above _ described is remedied within thirty (30) 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 8250.00 per day for a first violation and 5500.00 per day for a repeat violation. Sincerely. Karl W. Gr newald Code Enforcement Officer KWG/Dah cc: City Manager CERTIFIED MAIL RETURN RECEIPT REQUESTED 7Y) MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA JULY 16, 1991 7:00 P.M. CITY HALL PRESENT Kathleen Russell Ruth Gregg Don Wolfson Robert Frohwein John Bass W. Gregg McCaulie AND Alan Jensen, City Attorney George Worley, II, CD Director ABSENT Samuel T. Howie The Acting Chairman, Kathleen Russell, called the meeting to order and asked for approval of the minutes from the last meeting. Ms. Gregg moved for approval of the minutes, Mr. Wolfson seconded the motion and the minutes were unanimously approved. OLD BUSINESS: I. Application for Change in Zoning Classification recarding the proposed site for a new Post Office building filed by The Robert Hayes Company on behalf of George and Emily Helow for property located on the corner of Mayport Road and Plaza Drive. Mr. Worley stated that the Board had been supplied with the additional information requested at the last meeting. General discussion followed wherein Mr. Hayes answered questions presented by the Board regarding ingress and egress to the Post Office. Mr. Worley advised the Board that proposed access to the Post Office for customers would be on Mayport Road and for employees on Plaza. Mr. Wolfson moved that the Board recommend to the City Commission that the City initiate the rezoning procedures for the property pending the construction of the Post O-Ifice on this site only. The motion was seconded by Mr. Frohwein and unanimously approved. Application for Variance filed by Ira Bratcher to erect a 6 -foot fence on the front of his property located at 60 West Tenth Street heard before the Community Development Board July 16, 1991. Joseph Glickstein -represented Mr. Bratcher at the meeting. The six-foot fence was erected to replace a fence that had been there 40 years. It was stated that equipment was stored on adjacent property belonging to Ira Bratcher. Mr. Frohwein stated he noticed a shrimp boat on the property and wondered why the shrimp boat was there and could the board anticipate other equipment not harmonious to his business being stored on the property. Mr. Glickstein stated the boat belonged to Mr. Bratc.her's son and had been in the water. The boat had been vandalized and impaled on pilings. The hull was punctured and the vessel started to sink. Mr. Bratcher was told by the pollution control that he could not let the boat sink because of fines that may be imposed daily. Mr. Bratcher raised the boat and placed it on the property but assured the Board that it would not remain on the property much longer. Ms. Gregg moved to grant the variance. Mr. Howie seconded the motion. Mr. Wolfson agreed with Ms. Gregg and that Mr. Bratcher had agreed that if the property was eventually rezoned residential that he would bring the fence into compliance with the City Code. Mr. F-rohwein suggested that the motion include that the variance be granted as long as Mr. Bratcher owned the property. He also stated his concern for the storage of junk on the property. He said he would like to see said storage be limited to equipment relative to Mr. Bratcher's business and would like to amend the motion accordingly. Ms. Gregg did not accept the amendments and wanted her motion to stand. The Chairman stated that the board could not limit the variance to the property owner. Mr. Glickstein stated that Mr. Bratcher would conform to any new or future use of the property. The motion was unanimously granted. After lengthy discussion, Mr. Frohwein moved that the application be approved with the following contingencies: The use by exception go directly to Mr. Korous and not with the property; the hours of operation wherein noise could be created be limited to 8:00 a. m. to 6:00 p. m. Monday through Saturday; there be no more than 8 boats on the property at a time; there be no outside storage of junk such as inoperable engines; and no boat remain on the premises for more than 30 days. The motion was seconded by Don Wolfson and unanimously approved. III. Application for Change in Zoning Classif .i.cation recTarding the proposed site fora new United States Post Office bilding filed by The Robert Hayes Company on behalf of George and Emily Helow for property located on the corner of Mayport Road and Plaza Drive. Mr. Robert Hayes introduced himself to the board and stated that he represented the owners of the property sought to be rezoned and that he had called neighboring residents, and that the proposed post office would be comparable to the now branch on Sunbeam Road in Mandarin. After lengthy discussion Kathleen Russell moved that tho board defer action on the application until additional information was available for review to include a survey, traffic study, and site plan. The motion was seconded by Don Wolfson and unanimously passed. IV. Application for Variance filed by Ira Bratcher to ex-c-rct a six foot fence on the front of his property located at 60 Weist Tenth.Street. Joseph Glickstein introduced himself to the board as attorney representing Mr. Bratcher. After discussion Ruth Gregg moved that the application be approved. Mr. Bass seconded the motion and it was unanimously approved. There being no further business to come before the meeting it was adjourned. SIGNED{ ATTEST,--' CITY OF ATLANTIC BRACH CEB Case # ,� �� Respondents: Robert J Stewart CODE ENFORCEMENT BOARD CASE PRESENTATION SHEET Mister/Madam Chairman: 1. I inspected the property in question, which is located at 348 Church 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 #(s) and nature of the violation(s) discovered are: Chapter 12, Sec. 12-1-7 - Outside Storage, Section 12-1-8 Unsound Structure, Chapter 16, - Section 16-3 - Trash to be 121aced in containers. X ` 3. The inspection was made as a result of a: X complaint X routine area inspection other X 4. A violation notice was issued to the owner/occupant on: February 9, 1996 X 5. Notice to the owner -occupant was achieved by: certified mail _x hand delivery _Posting of property Police x_ 6. I---& did did not speak with the owner or someone in charge of the property concerning violations. Brief description of conversation: Mr. Stewart told me he was often out of town but would act in haste to remove the building and clean uja the proms ty. 7. The latest inspection was made on: 4-10-96 x_ 8. The violation(s) that was/were still occurring on that date was/were: SAME 9. To bring the property into compliance, it is necessary to: remora all trash debris, garha! P and outside storage, demolish the building at the rear of the property. 10. I_X_ do _ Do not have pictures/slides of the property. These were taken on2/7296 These pictures/slides are a fair and accurate representation of the property at the time they were taken. 11. I would estimate that 19 day(s) of time is necessary to correct the violations. Therefore, the City recommends that the Board find the respondent guilty and give_ -I. days to comply. Respectfully submitted, Karl W. Grunewald Code Enforcement Officer This complaint dates back to July, 1995. I had been unable to hand deliver or deliver via certified mail a notice to Mr. Stewart until February 9, 1996. There has been no change in the condition of the property. Garbage and trash continue to be dumped on the ground on the city right-of-way. There is no question in my opinion as to the threat of health, safety, and welfare of the community. CITY OF ATLANTIC BEACH CEB Case # Ot O Respondents: Christine Sanders CODE ENFORCEMENT BOARD CASE PRESENTATION SHEET Mister/Madam Chairman: x 1. I inspected the property in question, which is located at 30 Ardella Road ownership of the property was determined by a check of the: X tax records public records deed title search other X 2. The code #(s) and nature of the violation(s) discovered are: Chapter 12, Sec. 12-1-7 - Abandoned unregistered motor vehicle. _X 3. The inspection was made as a result of a: x complaint X routine area inspection other 4. A violation notice was issued to the owner/occupant on: januar�E 31F 1996 X 5. Notice to the owner -occupant was achieved by: X certified mail _ hand delivery _Posting of property Police 2L- 6. I_ did x_did not speak with the owner or someone in charge of the property concerning violations. Brief _ description of conversation: The latest inspection was made on: 4-10-96 2L- 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 or place the vehicle within a garage or carport or Prov; de taroof of legal registration. 10. Imo_ do _ Do not have pictures/slides of the property. These were taken on 2/6/96 These pictures/slides are a fair and accurate representation of the property at the time they were taken. 11. I would estimate that 2 day(s) of time is necessary to correct the violations. Therefore, the City recommends that the Board find the respondent guilty and give --2 days to comply. Respectfully submitted, Karl W. Grunewald Code Enforcement Officer Comments: Ten days was originally provided for removal of vehicle of registration. CITY OF ATLANTIC BEACH CEB Case # oll a Respondents: David and Susan Lewis CODE ENFORCEMENT BOARD CASE PRESENTATION SHEET Mister/Madam Chairman: 1. I inspected the property in question, which is located at 750 Maypor. Rd- 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) and nature of the violation(s) discovered are: Chapter 12, Sec. 12-1-8 - Building has rotted facia and soffit boards; missing facia and soffit; building is not i=ervious to weather and rodents. X 3. The inspection was made as a result of a: X complaint X routine area inspection other _X 4. A violation notice was issued to the owner/occupant on: November 27, 1995. X 5. Notice to the owner -occupant was achieved by: .X. certified mail _ hand delivery _Posting of property Police X_ 6. I_x did did not speak with the owner or someone in charge of the property concerning violations. Brief description of conversation: On December 19, 1995 I spoke to Susan Leweis who stated that the building was in the process of being rehabilitated. _x 7. The latest inspection was made on: 4-10-96 x_ 8. The violation(s) that was/were still occurring on that date was/were: section 12-1-8 - Building; Section 12-1-7 - outside storage. 9. To bring the property into compliance, it is necessary to: repair and replace all damaged wood and make the building i=ervious to weather by oainting or some other exterior 12ro _e . ion . 10. Imo_ 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 70 day(s) of time is necessary to correct the violations. Therefore, the City recommends that the Board find the respondent guilty and give_10 days to comply. Respectfully submitted, Karl W. Grunewald Code Enforcement Officer