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01-06-98 CEB Meeting Agenda PacketCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P.M., JANUARY 6, 1998 Call to order Pledge of Allegiance to the Flag Roll Call 1. Approval of the Minutes of the Regular Meeting held November 5, 1997. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda 3. Election of a Co -Chairman 4. OLD BUSINESS: Code Enforcement Official Karl Grunewald will present follow-up reports on the following properties: Case No. 97-6468 - Michael Banks - 731 Begonia Street. Michael Banks, occupant of the property owned by Larry Lively, is in violation of Chapter 12, Section 12-1-6 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): trash and other items stored in the front yard. During the September 2, 1997 meeting Mr. Banks was found guilty of the violation, given until September 4, 1997 to remove the washing machine from his front porch and assessed $93.73 administrative costs. Mr. Banks removed the washing machine by the September 4th deadline, but as of this date he has not paid the administrative costs. Case No. 97-5915 - James McLaurin - 571 Camelia Street. The owner of the property is in violation of Chapter 12, Section 12-1-6 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): a large dead oak tree in the rear yard is endangering the home and surrounding homes. During the September 2, 1997 meeting the Board found Mr. McLaurin guilty of the charges. Mr. McLaurin was given until September 17, 1997 to remove the tree and if it remained after said date, he would be fined $25.00 per day until the tree was removed. Mr. McLaurin met the deadline to have the tree removed and also paid his administrative fee of $93.73. It was reported during the November 5, 1997 Code Enforcement Board Meeting that Mr. McLuarin's check of $93.73 had bounced. Mr. McLaurin has since redeemed the check and the case can be closed. Case No. 97-6079 - John Shields - 405 Aquatic Drive. The owner of the property is a repeat violator in violation of Chapter 24, Section 24-163-3 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): boat stored in front of the front yard setback line. Since 1993 there have been eight complaints against the property for garbage and trash, weeds, boats and cars. During the September 2, 1997 meeting, the Board found Mr. Shields guilty of the charges. Mr. Shields was given until September 17, 1997 to remove the boat from his front yard and if it remained after said date, he would be fined $100.00 per day until the boat was removed. Mr. Shields met the deadline to move the boat, but has not paid his administrative fee of $93.73. Case No. 97-6740 - Mitch Trager (Coalition Partnership) - 725 Atlantic Boulevard. This is the old Pic 'N Save building and the property is in violation of Chapter 12, Section 12-1-8 and Chapter 23, Section 23-36 in that there exists on the premises the following condition(s), Vegetation, high grass and weeds and a collapsing fence. At the November 5, 1997 Code Enforcement Board Meeting, Code Enforcement Board directed Code Enforcement Officer Grunewald to meet with Mr. Trager on-site to verify compliance. It was verified that the Coalition Partnership brought the property into compliance. Mr. Trager was assessed $108.66 administrative costs which have been paid, and this case can be closed.. Case No. 97-6724 - Christopher Allen, Aloha Landscaping Service - 49 Ardella Road. The owner of the property is a repeat violator in violation of Chapter 12, Sections 12-1-3, 12-1-7, 12- 1-8, Chapter 21, Section 21-24 and Chapter 24, Section 24-11 in that there exists on the premises the following condition(s): rubbish and trash deposited on the property, outside storage, abandoned vehicles, car parts, and the property is a health, safety and welfare violation. Mr. Allen was assessed $115.87 administrative costs during the November 5, 1997 Code Enforcement Board Meeting, which as of this date (December 17, 1997) have not been paid. The property was brought into compliance. Case No. 97-6286 - Mansur Apturrahman - 303 Atlantic Boulevard - Al's Pizza. The owner of the property is in violation of Chapter 6, Section 6-108 and JEA Rules and Regulations 2.19 in that there exists on the premises the following condition(s): building numbers not visible from the street and not permanently attached to the building. During the November 5, 1997 Code Enforcement Board Meeting Mr. Apturrahman was assessed $79.80 administrative costs which have been paid. The property was brought into compliance prior to that meeting and the case can be closed. 5. NEW BUSINESS: Case No. 97-6814 - Kevin Rissmiller - 386 Sargo Road. The owner of the property is in violation of Chapter 12 Section 12-1-3 and 12-1-7 in that there exists on the premises the following condition(s): high grass and weeds in the front. yard and outside storage and abandoned vehicles on the property. Case No. 97-6909 - Evelyn Neigel -15 Forrestal Circle. The owner of the property is in violation of Chapter 12, Sections 12-1-3 and 12-1-7 and Chapter 16 in that there exists on the premises the following condition(s): depositing rubbish and trash on the property, high grass and weeds, open storage of household furniture and other items, and trash and garbage scattered around the yard with no garbage cans placed at curb for pick-up. 6. REQUEST FOR LIEN ACTION: Name Address Amount of Lien 7. BOARD MEMBER COMMENTS: 8. ADJOURNMENT CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES NOVEMBER 5,1997 Call to order: PRESENT: Edward Martin, Chairman Ken Rogosheske James Pelkey Lou Etta Waters Richard S. Mann Tammy Deitchman AND: Suzanne Green, Prosecuting Attorney Karl Grunewald, Code Enforcement Officer Julie M. Brandt, Secretary ABSENT: Robert Etheridge Alan Jensen, City Attorney The meeting was called to order at 7:30 p.m. by Chairman Ed Martin, followed by the Pledge of Allegiance to the Flag by all present. 1. Approval of Minutes of September 2, 1997 The minutes of the Regular Code Enforcement Board Meeting of September 2, 1997 were approved as presented. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda. No one wished to speak. 3. OLD BUSINESS: Code Enforcement Official Grunewald and the Board briefly reviewed the sequence of events of the following case: Case No.97-6198 Ernest "Rocky" Russell (owner) and C. J. Eiras (occupant) and Corporation Officer, Artistic and Cultural Enlightenment Society, 86 Ocean Boulevard. The owner of the property is in violation of Chapter 18, Section 2, Failure to Register for the Purpose of Soliciting, Chapter 20, Section 52, Operating Without Proper Licensing, Chapter 24, Section 107, Commercial Business in a Residential District, No Use By Exception Granted, Section 161, Insufficient Parking for Present Use Code of the City of Atlantic Beach and Florida Statute 823.05 Places Declared a Public Nuisance in that there exists on the premises located at Page -2- Code Enforcement Board Minutes November 5, 1997 86 Ocean Boulevard, a/k/a Lot 7, Block 34, Atlantic Beach (RE# 170225-0100) the following condition(s): operating a commercial business in a residential district, no Use by Exception granted, insufficient parking for present use, operation of business without proper licensing, failure to register for the purpose of soliciting, failure to comply with the Florida Accessibility Code in its entirety, failure to comply with the Life Safety Code and the Standard Building Code. During the June 10, 1997 Special Called Meeting of the Code Enforcement Board, C.J. Eiras, Corporate Officer of the Artistic and Cultural Enlightenment Society, was found to be in violation of: Chapter 18, Section 2, Failure to Register for the Purpose of Soliciting, Chapter 20, Section 52, Operating Without Proper Licensing, Chapter 24, Section 107, Commercial Business in a Residential District, No Use By Exception Granted, Section 161, Insufficient Parking for Present Use Code of the City of Atlantic Beach and Florida Statute 823.05 Places Declared a Public Nuisance. The Board found the operation cannot be reopened without proper licenses and permits obtained to take care of the deficiencies noted in the charges. If it is reopened, a fine of $250.00 per day will be levied against the property beginning the day it is reopened and continuing every day of operation until compliance is reached to the satisfaction of the Code Enforcement Officer. The Board also voted to assess an amount equal to 50% of the verified costs, not to exceed $1,000.00 due and payable to the City within thirty days, for the city's administrative expenses involved in processing the case. (These costs were determined to be $3,761.78). The deadline to pay the $1,000.00 administrative costs was July 13, 1997. As of this date, the invoice has not been paid. A memo was written to Detective Dale Hatfield requesting sworn statements from any officers witnessing operation of the ACES Social Club after June 10, 1997. If the club was in operation, an additional fine of $250.00 per day for each day of operation would be levied. As of this date (August 25, 1997), no information has been received from the Public Safety Department. If Mr. Eiras does not pay the $1,000.00 administrative costs by September 2, 1997, we will request lien action under Item 5 of the agenda. During the September 2, 1997 Code Enforcement Board Meeting, the Board determined that Mr. Eiras was in violation of the Board's order of June 10, 1997 and operated his business for nine (9) days without the proper licensing and permits. At that time the Board voted to fine Mr. Eiras $2,250.00. After the review, Code Enforcement Official Grunewald stated Mr. Eiras had not paid the $2,250.00 fine and the matter had been placed under Item 5, Request for Lien Action. Mr. Grunewald then requested that Item #5 be taken out of sequence and requested lien action to be taken on Mr. Eiras in the amount of $2,250.00. Page -3- Code Enforcement Board Minutes November 5, 1997 A motion was made by Ken Rogosheske, seconded by Tammy Deitchman and unanimously carried to authorize filing a Claim of Lien in the amount of $2,250.00 in the Circuit Court against the personal property of C.J. Eiras. Code Enforcement Official Grunewald reported that Mr. Eiras had not paid the previous administrative costs of $1,00.00 and liens totaling $3,250.00 would be filed against him. The following cases were also reviewed and updates provided by Code Enforcement Officer Grunwald: Case No. 97-6468 - Michael Banks - 731 Begonia Street. Michael Banks, occupant of the property owned by Larry Lively, is in violation of Chapter 12, Section 12-1-6 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): trash and other items stored in the front yard. Code Enforcement Officer Grunewald reported that during the September 2, 1997 meeting, Mr. Banks was found guilty of the violation, given until September 4, 1997 to remove the washing machine from his front porch and assessed $93.73 administrative costs. Mr. Grunwald stated that Mr. Banks removed the washing machine as directed but still had not paid the $93.73. Case No. 97-6264- August F. Covelli, Jr. - 732 Aquatic Drive. The owner of the property is in violation of Chapter 12, Section 12-1-3 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): high grass and weeds in the rear yard creating a health, safety and welfare condition. Mr. Covelli is a repeat violator having been cited four times since 1993 for the same violation. Code Enforcement Officer Grunwald reported that during the September 2, 1997 meeting, Mr. Covelli was found guilty of the violation. At that time, the Board determined if the property is found to be in violation again, he would be fined $100.00 per day for each day the violation exists. Mr. Covelli was assessed $93.73 in administrative costs which he paid, and the case is now closed.. Case No. 97-5574 - Michelle Fennick - 56 West 6th Street. Ms. Fennick, owner of Beaches Recycling, is in violation of Chapter 12, Section 12-1-7 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): outside storage, discarded metal items, and the possible operation of a metal salvage yard. Code Enforcement Officer Grunewald reported that during the September 2, 1997 meeting, the Board found Ms. Fennick guilty, imposed no fine at that time but informed her if the property comes in violation again, she will be fined $100.00 per day for each day the violation exists. Ms. Page -4- Code Enforcement Board Minutes November 5, 1997 Fennick was assessed the $93.73 in administrative costs which she paid, and the case is now closed. Case No. 97-5133 - Paul Ferber, Shoppes of North Shore - 363 Atlantic Boulevard #3. The owner of the property is in violation of the Accessibility Code, Section 4.6.4 in that there exists on the premises the following condition(s): failure to install the required handicapped signage in one of three required parking spaces. Mr. Ferber was first notified of the violation on September 16, 1996 and has been slow to bring about compliance. Code Enforcement Officer Grunewald reported that during the September 2, 1997 meeting, the Board found Mr. Ferber guilty, imposed no fine at that time but informed him if the property comes in violation again, he will be fined $100.00 per day for each day the violation exists. Mr Ferber was assessed $93.73 for administrative costs which he has paid, and the case is now closed. Case No. 97-6454 - John Kent, Atlantic Theaters - 751 Atlantic Boulevard. The owner of the property is in violation of Chapter 24, Section 24-177 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): failure to install a landscape buffer median separating the Atlantic Theaters building and the old Pic IN Save building. Atlantic Theaters has requested a hearing before the CDB on August 19, 1997 to be granted a delay on construction of the median. The outcome of this meeting will determine our course of action. Code Enforcement Officer Grunewald reported that Atlantic Theaters has since met all of the requirements of the Zoning and Tree Boards, as well as, the Code Enforcement Board and a letter would be sent to them indicating the same. This case is also closed. Case No. 97-5915 - James McLaurin - 571 Camelia Street. The owner of the property is in violation of Chapter 12, Section 12-1-6 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): a large dead oak tree in the rear yard is endangering the home and surrounding homes. Code Enforcement Officer Grunewald reported that during the September 2, 1997 meeting the Board found Mr. McLaurin guilty of the charges and he was given until September 17, 1997 to remove the tree. It was further determined that if the tree remained after said date, he would be fined $25.00 per day until the tree was removed. Mr. Grunewald indicated that Mr. McLaurin met the deadline to remove the tree and also paid his administrative fee of $93.73. However, his check bounced and the city is waiting for him to redeem the check. A brief discussion ensued concerning the city's procedure to redeem the check Page -5- Code Enforcement Board Minutes November 5, 1997 and it was determined the Code Enforcement Board had no jurisdiction over this matter. Case No. 97-6383 - John Omeara, Southern Exposure International (Estate Sale) - 296 Royal Palms Drive. The owner of the property is in violation of Chapter 24, Section 24-154 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): outside display of used items and unpermitted signs displayed. Mr, Omeara was found to be in compliance with the ordinance because proof was presented indicating the merchandise on display in front of the building was new, no fine was levied and the administrative fee was waived. Code Enforcement Grunewald stated he periodically checks the merchandise displayed and Mr. Omeara remains in compliance. He indicated this case is now closed. Case No. 97-6079 - John Shields - 405 Aquatic Drive. The owner of the property is a repeat violator in violation of Chapter 24, Section 24-163-3 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): boat stored in front of the front yard setback line. Since 1993 there have been eight complaints against the property for garbage and trash, weeds, boats and cars. Code Enforcement Official Grunwald reported that during the September 2, 1997 meeting, the Board found Mr. Shields guilty of the charges, and he was given until September 17, 1997 to remove the boat from his front yard. It was further reported that Mr. Shields met the deadline to move the boat, however he did not pay the administrative fee of $93.73. Code Enforcement Officer Grunwald indicated the administrative fee letter was sent certified mail and had come back as undeliverable, and he would hand deliver another copy of the letter to Mr. Shields. Case No. 97-6311 - San Hung Tong - 434 Skate Road. The owner of the property is a repeat violator in violation of Chapter 12, Section 12-1-3 in that there exists on the premises the following condition(s): high grass and weeds in the front, side and rear yards. Code Enforcement Officer Grunwald reported that during the September 2, 1997 meeting, the Board found Mr. Tong guilty of the charges. No fine was imposed, however, Mr. Tong was informed that if the violation occurred again, he would be fined $100.00 per day each day the property is in violation. Mr. Grunewald stated that Mr. Tong was also assessed the administrative fee of $93.73 which he paid. Mr. Grunwald indicated this case is now closed. Code Enforcement Board Chairman Martin stated he would like to conduct the hearings using a Page -6- Code Enforcement Board Minutes November 5, 1997 new format similar to that used by the Code Enforcement Board of the City of Jacksonville whereby the respondent will be given a chance to admit to or deny the allegations brought against him. If he admits to the allegations, the Code Enforcement Board will not conduct a hearing but proceed with their findings. 4. NEW BUSINESS: Case No. 97-6740 - Sydney Simmons (Coalition Partnership) - 725 Atlantic Boulevard. This is the old Pic 'N Save building and the property is in violation of Chapter 12, Section 12-1-8 and Chapter 23, Section 23-36 in that there exists on the premises the following condition(s), Vegetation, high grass and weeds and a collapsing fence. Mitch Trager, representing Coalition Partnership, appeared before the Code Enforcement Board. Chairman Martin asked Mr. Trager if he admitted to or denied the allegations brought against him. Mr. Trager stated that the building located at 725 Atlantic Boulevard was owned by Coalition Partnership but had been leased to Pic 'N Save. Mr. Trager reported Coalition Partnership's lawsuit against Pic 'N Save had been settled recently and now they were responsible for the upkeep of the property. Mr. Trager stated the allegations were true. A motion was made by Ken Rogosheske, seconded by Ed Pelkey and unanimously carried to find Coalition Partnership represented by Mitch Trager guilty of violating Chapter 12, Section 12-1-8 and Chapter 23, Section 23-36. Code Enforcement Officer Grunewald reported at this time the property was in 95% compliance in that fence had been repaired, the weeds and high grass cut and all of the trash removed. A brief discussion concerning compliance ensued, and Mr. Trager stated he would be in complete compliance by the end of the week or sooner. After some further discussion, Mr. Trager and Mr. Grunwald agreed to meet at 9:00 a.m. the following morning (November 6, 1997) to verify the completed work and discuss if anything else needed to be done. A motion was then made by Ed Pelkey, seconded by Ken Rogosheske and unanimously carried to assess Coalition Partnership represented by Mitch Trager $108.66 administrative costs. Code Enforcement Officer Grunewald was directed to meet with Mr. Trager at 9:00 a.m. on November 6,1997 to verify compliance with the Code as reported. Chairman Martin asked Mr. Trager if he understood what had taken place and Mr. Trager stated that he understood. Page -7- Code Enforcement Board Minutes November 5, 1997 Case No. 97-6724 - Christopher Allen, Aloha Landscaping Service - 49 Ardella Road. The owner of the property is a repeat violator in violation of Chapter 12, Sections 12-1-3, 12-1-7, 12- 1-8, Chapter 21, Section 21-24 and Chapter 24, Section 24-11 in that there exists on the premises the following condition(s): rubbish and trash deposited on the property, outside storage, abandoned vehicles, car parts, and the property is a health, safety and welfare violation. Christopher Allen, resident of 504 Declaration Drive, Jacksonville Beach, Florida and owner of Aloha Landscaping Service, appeared before the Code Enforcement Board. Chairman Martin asked Mr. Allen if he admitted to or denied the allegations brought against him. Mr. Allen stated the allegations as stated were true. A motion was made by Ken Rogosheske seconded by Lou Etta Waters and unanimously carried to find Christopher Allen of Aloha Landscaping Service guilty of violating Chapter 12, Sections 12-1-3,12-1-7,12-1-8, Chapter 21, Section 21-24 and Chapter 24, Section 24-11. Code Enforcement Official Grunewald reported that as of 2:30 p.m. this afternoon, the property looked like a park and everything had been cleaned up and it was in compliance. Mr. Grunewald recommended no fine at this time because the property in question had not previously been brought before the Board. Code Enforcement Officer Grunwald then recommended that if Mr. Allen is found to be in violation again, the Board impose a $500.00 per day fine against said property from the day the property is cited until compliance is reached to the satisfaction of the Code Enforcement Officer. A motion was then made by Ken Rogosheske, seconded by Lou Etta Waters and unanimously carried to assess Aloha Landscaping Service $115.87 administrative costs. If Mr. Allen is found to be in violation again, a fine of $500.00 per day will be imposed against said property from the day the property is cited until compliance is reached to the satisfaction of the Code Enforcement Officer. Chairman Martin asked Mr. Allen if he understood the Board's findings and he stated he understood. Case No. 97-6286 - Mansur Apturrahman - 303 Atlantic Boulevard - Al's Pizza. The owner of the property is in violation of Chapter 6, Section 6-108 and JEA Rules and Regulations 2.19 in that there exists on the premises the following condition(s): building numbers not visible from the street and not permanently attached to the building. Page -8- Code Enforcement Board Minutes November 5, 1997 Mansur Apturrahman of 13395 Aqualine Road, Jacksonville, Florida and owner of Al's Pizza located at 303 Atlantic Boulevard, appeared before the Board and admitted to the allegations as stated. A motion was made by Ed Rogosheske, seconded by Jim Pelkey and unanimously carried to find Mansur Apturrahman guilty of violating Chapter 6, Section 6-108 and JEA Rules and Regulations 2.19. Code Enforcement Officer Grunewald stated the numbers had been placed under the building's awning and were not visible from the street and a courtesy violation notice had been served on the property. Mr. Grunewald reported the pizza shop is now in compliance. A motion was made by Ed Martin, seconded by Jim Pelkey and unanimously carried not to levy a fine, but to assess Mansur Apturrahman administrative costs of $79.80. Case No. 97-6814 - Kevin Rissmiller - 386 Sargo Road. The owner of the property is in violation of Chapter 12 Section 12-1-3 and 12-1-7 in that there exists on the premises the following condition(s): high grass and weeds in the front. yard and outside storage and abandoned vehicles on the property. Code Enforcement Officer Grunewald reported that Mr. Rissmiller had refused to accept the Notice of Hearing and subpoena which had been sent certified mail and he would either post the property or hand -deliver the notice. He the requested that Case No. 97-6814 be postponed until the January Code Enforcement Board Meeting. It was the consensus of the Board Members to do so. 5. REQUEST FOR LIEN ACTION: Name Address Amount of Lien C.J. Eiras 86 Ocean Boulevard $2,250.00 Action on this item took place under Case No. 97-6198 under Old Business. 6. BOARD MEMBER COMMENTS: Chairman Ed Martin requested that election of a Co -Chairman be placed on the January 6, 1998 Code Enforcement Board agenda. Page -9- Code Enforcement Board Minutes November 5, 1997 A brief discussion of the new format being used ensued and Prosecuting Attorney Green advised the Board of the procedure to follow. 7. ADJOURNMENT There being no further discussion or business to come before the Board,,the meeting adjourned at 8:00 p.m. G.E. Martin, Chairman Code Enforcement Board Attest: Julie M. Brandt, Secretary CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 97-6814 November 11, 1997 Kevin Rissmiller 386 Sargo Road Atlantic Beach, FL 32233 Dear Mr. Rissmiller: 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 6th day of January, 1998 AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violation(s) of the following Section(s): Chapter 12 , Sec .; on 12-1- 3 .-1- 3 High Weeds and Grass and Chanter *l2, Section 12-1-7 Outside Storage, Abandoned Vehicles 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 386 Sargo Road, (RE# 171691-0000), aka Lot 23, Block 24, Royal Palms 2A the City of Atlantic Beach, the following condition(s): high grass and weeds in the front yard and outside storage, and abandoned vehicles on 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 Julie Brandt, Secretary of the Code Enforcement Board, within five days of the receipt of this notice at 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. Sincerely, ATTEST: 0 ECRETARY G. E. MARTIN Chairman, Code Enforcement Board CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 97-6814 Petitioner, ) Vs. ) SUBPOENA KEVIN RISSMILLER t Respondent. ) -------------------------------- ) -:TO: NAME; KEVIN RISSMILLER STREET 386 SARGO ROAD CITY ATLANTIC BEACH, STATE FL 32233 GREETINGS: YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board of the City of Atlantic Beach, Florida at City Hall, 800 Seminole Road, Atlantic Beach, Florida on WEDNESDAY, the 6th day of JANUARY_ 1998 at 7:30, p. m. in reference to violation of Section(s): 12-1-3, HIGH GRASS AND WEEDS IN FRONT YARD AND 12-1-7, OUTSIDE STORAGE, ABANDONED VEHICLES LOCATION OF VIOLATION: 386 SARGO ROAD Failure to appear subjects you to penalty of law. Dated this 11TH day of NOVEMBER , 1997. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY / Z Secretary CODES ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION I, 1,j� ,V, fi&- served notification to: KEVIN RISSMILLER 386 SARGO ROAD ATLANTIC BEACH, FL 32233 this 17 day of 1997. AT 3; 2 �Z A. M. This notification was in reference to: A NOTICE OF HEARING OF THE CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF JANUARY 6, 1998 7:30 P.M. CITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Server: / Signature of Receiver: Dated: Zz-1 z — Please return to the City Clerk's Office. Thanks Pg1.ANT��. � City of Atlantic Beach v = �coR1©p Code Enforcement Board Case Presentation C. B. Date: November 4, 1997 Case # 97- -6814 Defendant: Kevin Rissmiller Location :386 Sargo Road Lot 23, Blk. 24, Royal Palms 2A Re #171691-0000 Violation :Chapter 12, Sec. 12-1-7, outside storage, Abandoned vehicles _Chapter 12, Sec. 12-1-3, high grass and weeds Owner Occupied: x Rental Homestead :yes X No Code Enforcement Board Members: 1. Inspection of the above property revealed that a violation of the code of the City of Atlantic Beach is present. Ownership of the property was determined through the tax records x ,title search_, Other 2. The nature of the violation is :Property is overgrown and abandoned vehicles are stored on property. 3. Inspection of the property was prompted as a result of a complaint routine Inspection X 4. Notice of violation was issued to owner—/on occupant on 5. Notice was achieved by certified mail X hand delivery—posting— method eliveryposting_method of service meets with requirements of FSS 162-12. 6. 1 did did not x speak with the owner x occupant of the property. 7. The latest inspection was a result of follow up of the original complaints. 8. The violation is still present x In compliance 9. In order to achieve compliance, it is necessary to :remove the abandoned vehicles and cut the high grass and weeds. 10. 1 do x Do not have photographs of the property and violations as they exist on the property. They represent a fair and accurate representation of the property at the time they were taken. 11. I would estimate that Five days would be sufficient time to correct the violation. 12. Further comments and recommendation : These violations were brought before the board on July 11, 1995 and the property was brought into compliance. Since then it has remained in compliance until the past few months. I again observed the property in violation on September 5, 1997. There are two abandoned vehicles on the property a Lincoln , Continental and a Dodge, the front yard is very overgrown and the building and property in general looks unkept. This should be treated as a repeat violation with a maximum fine allowed by FI S.S. 162 of $500.00 per day. Respectfully; Karl W. Grunewald Code Enforcement Officer 2 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 97-6909 December 16, 1997 Evelyn Neigel 15 Forrestal Circle Atlantic Beach FL 32233 Dear Mrs. Neigel: 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 6th day of January, 1998 AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violation(s) of the following Section(s): Chapter 12,_Sections 12- 1=3, Nuisances, Depositing of rubbish and trash on property, and high grass and weeds;. Section 12-1-7 Nuisances, Open Storage of household furniture and other items, and Chapter 16 garbage no placed in garbage cans at curb for pick-up 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 15 Forrestal Circle RE## 171747-0000 aka Lot 19, Blk 1 Atlantic Beach Villas the City of Atlantic Beach, the following condition(s): high grass and weeds and trash and other debris on said -property,.open storage of household furniture and other items and trash and garbage scattered around the yard with no garbage cans placed at curb for pick-up The Code Enforcement Board has the power to levy fines up to $250.00 per day for the first offense and $500.00 for the second offense against the property, if a violation is found to exist beyond the date set by the Board for compliance. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses, subpoenaed or if you have questions regarding the procedure, please contact Julie Brandt, Secretary of the Code Enforcement Board, within five days of the receipt of this notice at 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. Sincerely, ATTEST: CRETARY G. E. MARTIN CHAIRMAN, CODE E 0RCEMENT BOARD CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 97-6909 Petitioner, ) ) VS. ) SUBPOENA EVELYN NEIGEL Respondent. ) -------------------------------- ) TO: NAME: EVELYN NEIGEL 15 FORRESTAL CIRCLE CITY ATLANTIC BEACH, STATE FL 32233 GREETINGS: YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board of the City of Atlantic Beach, Florida at City Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the 6TH day of JANUARY 1998 at 7:30, V. m. in reference to violation of Section(s): Chapter 12,Sections 12-1-3, Nuisances, depositing of rubbish and trash on property and high grass and weeds, Section 12-1-7 Nuisances, Outside storage of furniture and other items, Code of the City of Atlantic Beach. Location of violation: 15 Forrestal Circle. Failure to appear subjects you to penalty of law. Dated this 16TH day of DECEMBER , 1997. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY. Secretary City of Atlantic Beach r,, FZ R "_ Code Enforcement Board Case Presentation C. B. Date: January 6,1998 Case # 97- -6909 Defendant: Evelyn Neigel Location: 15 Forrestal Circle Violation :Chapter 12, Sec.12-1-3, Vegetation, High grass and weeds, trash and debris. Chapter 12, Sec 12-1-7, Outside storage. Owner Occupied: x Rental Homestead: yes No x Code Enforcement Board Members: Inspection of the above property revealed that a violation of the code of the City of Atlantic Beach is present. Ownership of the property was determined through the tax records x, title search, Other 2. The nature of the violation is: property in general is unkept, high grass and weeds, and trash scattered throughout the yard . 3. Inspection of the property was prompted as a result of a complaint X Routine Inspection X 4. Notice of violation was issued to owner x /on October 22,1997 5. Notice was achieved by certified mail X hand delivery—posting— method eliveryposting_method of service meets with requirements of FSS 162-12. 6. 1 did x speak with the owner x occupant of the property. 7. The latest inspection was a result of following up of the original complaints, and failure to comply with original order. 8. The violation is still present X in compliance. 9. In order to achieve compliance, it is necessary to: Cut vegetation, remove the deteriorating furniture under the carport and pick up all debris and trash. 10. l do X - Do not have photographs of the property and violations- as they exist on the property. They represent a fair and accurate representation of the property at the time they were taken. 11. I would estimate that Five days would be sufficient time to correct the violation. 12. Further comments and recommendation: This property has been a continuous eyesoar to the surrounding neighborhood . Despite my certified notification and conversation with the owner no action to rectify the violations has taken place. It is my recommendation that Mrs . Neigel be found guilty and that a five day time period be given in which to clean up the property. Failure to comply resulting in a fine of $ 25.00 per day. Administrative costs should be charged to the owner of the property. Compliance can be accomplished through the physical ability of the owner with no monetary impact. If compliance is achieved within the time specified I recommend that the administrative charges be dropped. A future repeat violation having an automatic fine as seen fit by the board. Respectfully; Karl W. Grunewald Code Enforcement Officer 2 CITY OF 800 SEMINOLE ROAD - ----- ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (804) 247-5800 FAX (904) 247-5845 SUNCOM 852-5800 October 22, 1997 Evelyn Neigel 15 Forrestal Circle Atlantic Beach, Fl 32233 Dear Ms. Neigel: Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: Re : 15 Forrestal Circle A/K/A/ Lot 19, Blk 1, Atlantic Beach Villas RE: 171747-0000 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 12-1-3. - High Grass & Weeds, Chapter 12, Section 12-1-7 - Outside storage of household furniture and other items scattered around the yard, Chapter 12, Section 12-1-3 - Trash & Garbage scattered around yard, Chapter 16 - Garbage not placed in garbage cans at curb for pick-up. You are hereby notified that unless the conditions above described are remedied within 10 days from the date of your receipt hereof this case will be turned over to the Code Enforcement Board. Under Florida State Statutes 162.09, the Code Enforcement Board may impose fines of up to $250.00 per day for a first violation and $500.00 per day for a repeat violation. S, ely, Karl W. Grunwald Code Enforcement Officer KWG/gah cc: Public Safety Director certified mail return receipt requested c.e.c. 6909