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02-04-98 CEB Meeting Agenda PacketCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P.M., FEBRUARY 24, 1998 Call to order Pledge of Allegiance to the Flag Roll Call Approval of the Minutes of the Regular Meeting held January 6, 1998 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda 3. OLD BUSINESS: Code Enforcement Official Karl Grunwald will present follow-up reports on the following properties: 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. During the January 6, 1998 Code Enforcement Board Meeting, the Board found Greta Carey, co- owner of the property, by her admission, to be in violation of chapter 12 Sections 12-1-3 and 12- 1-7 and Chapter 16. The property had been cleaned up by the meeting and Ms. Carey agreed to keep the property clean in the future. The Board voted to impose a fine of $25.00 per day against the property should it come into non- compliance again and waived the administrative costs. 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. During the January 6, 1998 meeting Mr. Rissmiller admitted to being in violation of Chapter 12- 1-3 and 12-1-7. Mr. Rissmiller was given until 5:00 p.m. on Monday, January 12, 1998 to complete the clean up of the property. The Board voted to fine Mr. Rissmiller $25.00 per day for every day the property remained in violation after said date. The Board also voted to assess Mr. Rissmiller $108.16 administrative costs. Mr. Rissmiller met the deadline to clean up the property. However, as of this date, Mr. Rissmiller has not picked up his certified mail concerning the Findings of Fact sheet and invoice for the administrative costs. 4. NEW BUSINESS: Case No. 98-7205 - Bobby Knight 945 Plaza Drive. Bobby Knight, occupant of the property owned by William Nichol, 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 of numerous lawn mowers and other items. Mr. Knight was before the Board on September 6, 1994 for the same violation. Code Enforcement Officer Grunwald recommends that if Mr. Knight is found in violation, he be fined $250.00, and any future violations would result in a fine of $25.00 per day. 5. REQUEST FOR LIEN ACTION: Name Address Amount of Lien None. - 6. ELECTION OF A CHAIRMAN AND VICE CHAIRMAN Comments from Ed Martin Comments from Newly Elected Chairman 7. BOARD MEMBER COMMENTS: 8. - ADJOURNMENT CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES JANUARY 6,1998 Call to order: PRESENT: Edward Martin, Chairman Ken Rogosheske James Pelkey Lou Etta Waters Robert Etheridge AND: Suzanne Green, Prosecuting Attorney Alan Jensen, City Attorney Karl Grunewald, Code Enforcement Officer Julie M. Brandt, Secretary ABSENT: Richard S. Mann Tammy Deitchman 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 November 5, 1997 The minutes of the Regular Code Enforcement Board Meeting of November 5, 1997 were approved with the following amendment made by James Pelkey: On page six of the minutes change Ed Pelkey to James Pelkey. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda. No one wished to speak. 3. Election of a Co -Chairman Chairman Ed Martin requested that election of a Co -Chairman be tabled until the next Regular Code Enforcement Board Meeting due to the absence of two Board Members. 4. OLD BUSINESS: Code Enforcement Official Karl Grunwald presented follow-up reports on the following properties: Case No. 97-6468 - Michael Banks - 731 Begonia Street. Michael Banks, occupant of the Minutes Page -2- January 6, 1998 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. It was reported that Mr. Banks removed the washing machine by the September 4th deadline, but still had 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, however, Mr. McLaurin has since redeemed the check and the 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. 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. It was reported that Mr. Shields met the deadline to move the boat, but still 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), Minutes Page -3- January 6, 1998 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. It was reported that Mr. Trager was assessed $108.66 administrative costs which have been paid, and the case is now 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. It was reported that Mr. Allen was assessed $115.87 administrative costs during the November 5, 1997 Code Enforcement Board Meeting, which still have not been paid. Code Enforcement Officer Grunewald indicated 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. It was reported that 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 is now closed. Board Members were given a list of fines and administrative fees dated from October 1, 1996. A brief discussion ensued concerning unpaid fines and administrative costs. Code Enforcement Officer Grunewald indicated that if the fees remained unpaid after the thirty days and were under $500.00, they became in-house liens. Liens of $500.00 and over were recorded with the Clerk of the Circuit Court and release of lien letters issued upon payment. It was pointed out that approximately 52% of the total fees due had been collected. 5. NEW BUSINESS: Chairman Martin requested that Case No. 97-6909 be heard first. There were no objections and it was the consensus of the Board to do so. All witnesses in both cases were sworn in at one time. Minutes Page -4- January 6, 1998 time. 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. Greta Carey, co-owner of the property with Evelyn Neigel, appeared before the Code Enforcement Board. Chairman Martin asked Ms. Carey if she admitted to or denied the allegations brought against her. Ms. Carey admitted the allegations were true. A motion was made by Ken Rogosheske, seconded by Lou Etta Waters and unanimously carried to find Greta Carey by her admission, in violation of Chapter 12, Sections 12-1-3 and 12-1-7 and Chapter 16. A motion was made by Chairman Ed Martin, seconded by Jim Pelkey and unanimously carried that should the property be found in violation again, a fine of $25.00 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. Code Enforcement Officer Grunewald reported the property had been cleaned up and was now in compliance with the code. Ms. Carey agreed to keep the property clean in the future. Code Enforcement Officer Grunewald recommended the Board waive the administrative costs. A motion was made by Ken Rogosheske, seconded by Lou Etta Waters and unanimously carried to waive the administrative costs. 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. Kevin Rissmiller appeared before the Code Enforcement Board and stated he was an heir to the property which was in probate. He indicated the final probate should be completed within the next ninety days. Mr. Rissmiller further stated he could not remove the vehicles until after completion of final probate. City Attorney Jensen advised that this was true, and the Board could not do anything concerning the vehicles on the property at this time. Minutes Page -5- January 6, 1998 The Dodge Aspen was registered to Mr. Rissmiller and had an expired license tag. The Lincolns were not registered to him. Code Enforcement Officer Grunewald further reported that Mr. Rissmiller was in violation of the Code Enforcement Board's 1995 order to keep the property clean in that it was overgrown. Mr. Rissmiller stated that he had not been living on the property and had just recently moved there. He further stated that the lawn had not bee mowed because someone had stolen his lawn mower and he could not afford to replace it. Enforcement Board. Chairman Martin asked Mr. Rissmiller if he admitted to or denied the allegations brought against him concerning the high grass and weeds in the front yard. Mr. Rissmiller admitted that there was high grass and weeds in the front yard but stated that was due to the death of his grandmother and the property going into probate that it had not been maintained. A motion was made by Chairman Martin, seconded by Jim Pelkey and unanimously carried to find Mr. Rissmiller, by his admission, in violation of Chapter 12, Section 12-1-3 in that there exists on the property at 386 Sargo Road high grass and weeds. Some discussion ensued concerning Mr. Rissmiller's responsibility for keeping the property free from high grass and weeds. Board Member Rogosheske inquired why Mr. Rissmiller did not maintain the property as previously ordered by the Board. Mr. Rissmiller stated that his mentally ill mother had been living at the house and he had recently moved there. When asked how long he had been living in the home, Mr. Rissmiller stated he had lived there since March of 1997. Some further discussion ensued concerning the delivery of the subpoena and it was pointed out that the Certified Mail delivery was refused (went unclaimed) twice and it was finally hand delivered on November 11, 1997. It was pointed out that Mr. Rissmiller was in residence at 386 Sargo Road when the violation occurred. Code Enforcement Officer Grunewald stated the yard had been cleaned up except for the area immediately surrounding the Dodge Aspen. A motion was made by Chairman Martin, seconded by Robert Etheridge and unanimously carried to give Mr. Rissmiller until 5:00 p.m., Monday, January 12, 1998 to complete the clean up of the weeds around the cars on the property. If Mr. Rissmiller is found to be in violation after said date, a fine of $25.00 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. Minutes Page -6- January 6, 1998 A motion was made by Ken Rogosheske, seconded by Chairman Martin and unanimously carried to assess Mr. Rissmiller $108.16 in administrative costs. Mr. Rissmiller asked that the Board waive the administrative costs and the Board declined to act upon the request. 6. REQUEST FOR LIEN ACTION: Name Address Amount of Lien None. 7. BOARD MEMBER COMMENTS: Ken Rogosheske briefly inquired as to the status of the C.J. Eiras case. Code Enforcement Officer Grunwald stated the lien was in the process of being filed with the Clerk of the Circuit Court in Duval and St. Johns counties. 8. ADJOURNMENT There being no further discussion or business to come before the Board, the meeting adjourned at 8:15 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 C February 2, 1998 ASE NO. 98-7205 jlQbbY Knight z 945 Plaa Derive Atlanta c Beach, FL 32233 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 24th day of February, 1997 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): 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 945 Plaza Drive (RE## 171262-0000, aka Lot 43, Block 61 Royal Palms) the City of Atlantic Beach, the following condition(s) oUt'side 9tQracre 9f numerQUs lawn mowers anA The Code Enforcement Board has the power to levy fines up to $250.00 per day for the first offense and $500.00 for the second offense against the property, if a violation is found to exist beyond the date set by the Board for compliance. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses, subpoenaed or if you have questions regarding the procedure, please contact Julie Brandt, Secretary of the Code Enforcement Board, within five days of the receipt of this notice at 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. ATTEST: Sincerely, ECRETARY E. MARTIN t Chairman, Code Enforcement Board CODES ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION I' ex- served notification to: .Bobby KNIGHT 945 PLAZA DRIVE ATLANTIC BEACH, FL 32233 this �� day of /V. , 1998. AT _,Ia.YO A. M. P.M This notification was in reference to: A NOTICE OF HEARING OF THE CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF FEBRUARY ATLANTIC BEACH, FLORIDA. 24, 1998 7:30 P.M. CITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD, Signature of Server: �. Signature of Receiver: - Dated: Please return to the City Clerk's Office. Thanks o`` PjU►NTc City of Atlantic Beach v� FtOR10P Code Enforcement Board Case Presentation C. B. Date: February 24, 1998 Case # 98- -7205 Defendant: Bobby Knight Location: 945 Plaza Drive Violation : Chapter 12, Sec 12-1-7, Outside storage. Owner Occupied:—Rental x Homestead: yes No x Code Enforcement Board Members: 0 INA 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 The nature of the violation is: Outside storage of numerous lawn mowers and other items 3. Inspection of the property was prompted as a result of a complaint _ Routine Inspection X El 5 N 7 Notice of violation was issued to occupant x on January 301998 Notice was achieved by certified mail X hand delivery—posting— method eliveryposting_method of service meets with requirements of FSS 162-12. I did not x speak with the owner occupant X of the property. The latest inspection was a result of following up of the original complaints, and failure to comply with original order. 1 8. The violation is still present X , in compliance. 9. In order to achieve compliance, it is necessary to: Remove all outside storage or store items in an enclosure. 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. 1 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 a previous Code Enforcement Board hearing Mr. Knight has permitted the property to again become a storage yard for discarded lawnmowers. Mr. Knight was before the board on September 6, 1994 for the same violation see. 12-1-7, outside storage. It is my recommendation that Mr. Knight ,if found in violation be fined $250.00. That future violations will result in a fine of $25.00 per day. The owner of the property Mr. William Nichol was notified of this action. Karl W. Grunewald �?'j Code Enforcement Officer 2 February 5, 1998 Mr. Bobby Knight 945 Plaza Drive Atlantic Beach, Fl. 32233 Dear Mr. Knight: 800 SEMINOLE ROAD .ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904) 247-5805 ' SUNCOM 852-5800 Our records indicate that you are the occupant of the following described property in the City of Atlantic Beach, Florida: Re: 945 Plaza Drive aka: Lot 43, Blk 6, Royal Palms Re : 171262-0000 Investigation of this property discloses that I have found and determined that the following City of Atlantic Beach Ordinances are in violation: Chapter 12, Section 12-1-7, Outside storage of.numerous lawn mowers and other items. As prescribed in Florida Statute 162.06 (3) (Enforcement Procedure) this is a repeat violation. You will be notified by certified mail when to appear before the Code Enforcement Board. Under Florida State Statute 162.09 the Code Enforcement Board may impose fines up to $500.00 per day for a repeat violation. Sincerely, Karl W. Grunewald Code Enforcement Officer KWG/gah cc: Public Safety Director William Nichol certified mail c. e. c. 7205 —• OF BEACH CODE ENFORCEMENT BOARD MINUTE-'% NOVEMBER CALL TO ORDER: Present: Edward Martin, Chairman Barbara Bonner Heywood Dowling, Jr. Theo K. Mitchelson Kathleen Russell Absent: John Venn (Excused) Lou Etta Waters (Excused) And: Suzanne Green, Prosecuting Attorney Alan Jensen Legal Counsel to Board Don Ford, Building Official Karl Gunewald, Code Enf. Officer Trudy Lopanik, Secretary Ed Martin, Chairman, thanked the Board for meeting on Thursday instead of Tuesday. He congratulated Messrs. Dowling and Mitchelson on being reappointed to the Code Enforcement Board for four year teens. 1. Approval of Minutes -of September 6, -1994. A motion was made, seconded, -and passed to approve the minutes of the meeting of September:6, 1994. 4 2. Recognitim of Visitors and (its- rega,ding any mattes that are not listed on agenda. There were no visitors. 3. Old Business Case No: 0076 ]EM Knight = renter'bf.pr ty-located-at.945`Plaza' Drive. Was found to be in violation'of Sections 12-1-7 and 19-1 of the, Code at the meeting of September 6, 1994: Mr. Knight'was given�-10 clays; until September 17, 1994, to bring the property into compliance to the satisfaction of the Code Enforcement Inspector. If the property err s not brought into compliance by September 17, 1994, the owner, of the property, William Nicol, ..would be fined $25.00 per day beginning September , 22; ' 1994, and 'continuing each -day until the' property was' brought-into'coupliance. Note: Property has been brought into ea alliance to the satisfactioii of the Code Officer. Mr. Martin reported the property of Bill Knight bad -been brought into compliance and the Board accepted the report Code Enforcement Board Meeting September 6, 1994 Page 3 Karl Grunewald gave a case history of the events that had transpired that led up to the violation. He indicated the items in violation had been removed, but a utility trailers remained in the corner of the yard. Mr. Grunewald reported although the property had been an eyesore, the property was now turned around and was pleasing to the eye. He recommended that no fine be levied. Bill Knight indicated he had removed all items but that he would need a little time to have the utility trailer taken away. Mr. Mitchelson indicated he had passed the property and that Mr. Knight was working the yard at 7:00 a. m. Sunday morning and that the property looked pleasing. Under discussion Mr. Knight felt it would take 10 days to have the trailer removed from the property. Kathleen Russell asked Janet Nicol, who represented her father, William Nicol, if Mr. Nichol kept up the property, to which Ms. Nichol indicated she was sure her father kept up the property but that she did not have detailed information to provide the board. Mr. Knight indicated Mr. Nichol fixed whatever had broken inside the house. Suzanne Green indicated the owner of the property was notified of the violations on two occasions and she suggested fining the owner and not the tenant. A motion was made, seconded, and passed to find 945 Plaza Drive in violation of Sections 12-1-7 and 19-1 of the City Code . A motion was made and seconded to give Bill Knight 10 days to bring the property into compliance to the satisfaction of the Code Enforcement Inspector. Under discussion it was agreed the main goal of the board was to bring the property into compliance and it was felt if the property was not in compliance the owner of the property should be fined. A motion was made, seconded, and passed'to give Bill Knight 10 days to bring the property into compliance to the satisfaction of the Code Enforcement Inspector. If the property is not brought into compliance within 10 days, the owner of the property, William Nicol, will be fined $25.00 per day beginning five days after the property is not in compliance and continuing each day until the property is brought into compliance to the satisfaction of the Code Enforcement Inspector. 6 Request for lien action Karl Grunewald requested that the board place liens on the following property. He indicated all liens had been published in the newspapera and he gave a brief summary of the history of each lien.