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09-08-98 CEB Meeting Agenda PacketCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P.M., SEPTEMBER 8, 1998 Call to order Pledge of Allegiance to the Flag Roll Call 1. Approval of the Minutes of the Regular Meeting held May 5, 1998. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda 3. OLD BUSINESS: Code Enforcement Official Karl Grunewald will present follow-up reports on the following properties: Case No. 98-7407- James Smith, 85 Edgar Street. The owner of the property is in violation of Chapter 12, Section 12-7 and 12-1-3 of the Code of the City of Atlantic Beach in that there exists on the premises located at 85 Edgar Street the following condition(s): Trash and debris in the rear yard and the right-of-way along Robert Street is kept in an unsanitary manner. During the May 5, 1998 Code Enforcement Board Meeting, the Board fined Mr. Smith $1.00, ordered him to pay a previous fine of $250.00 and administrative costs in the amount of $93.73. Mr. Smith has paid the required fees and the previous fine. Case No. 98-7310 - Robert Stewart, 348 Church Road. The owner of the property is in violation of Chapter 12, Section 12-3 of the Code of the City of Atlantic Beach in that there exists on the premises located at 348 Church Road the following condition(s):Abandoned, inoperable vehicles stored in the yard, trash scattered throughout the yard and trash and debris scattered across the right-of-way. During the May 5, 1998 Code Enforcement Board Meeting, the Board found Mr. Stewart to be a repeat violator, assessed Mr. Stewart $79.30 in administrative fees and stated he must be in compliance by May 30, 1998. If the property was in non-compliance after that date, the Board * Amended to include Item 5A Agenda Page -2- Code Enforcement Board September 8, 1998 voted to fine Mr. Stewart $50.00 per day for every day the property was in non-compliance. As of this date, Mr. Stewart has not paid the administrative fees and an in-house lien has been placed against the property for a previous $100.00 fine and the administrative fees. Case No. 98-7386 - Joseph Nedeau of 105 West 6th Street. The owner of the property is in violation of Chapter 12, Section 12-7 of the Code of the City of Atlantic Beach in that there exists on the premises located at 105 West 6th Street the following condition(s): Abandoned, inoperable vehicles and inoperable boats stored, in the yard, unpermitted buildings in the yard, building material stored outside and junk, trash and excessive vegetation in the yard. During the May Code Enforcement Board Meeting, Code Enforcement Official Grunewald reported that the property had been brought into compliance. The Board assessed Mr. Nedeau $93.73 administrative costs, which he has paid. As a repeat violator, the Board also voted to fine Mr. Nedeau $50.00 per day should the property come into non-compliance again. Case No. 98-7484 - Brian Lloyd of 422 Sargo Road. The owner of the property is in violation of Chapter 12, Section 12-3 and Chapter 24, Section 24-163-2 of the Code of the City of Atlantic Beach in that there exists on the premises located at 422 Sargo Road the following condition(s): Boat stored in front of front setback line, trash scattered throughout the yard, trash and debris scattered across the right-of-way, and high grass and weeds. Mr. Lloyd admitted to being a repeat violator of the code. Code Enforcement Official Grunewald stated the property had been brought into compliance except for one tire lodged under the fence. The Board assessed Mr. Lloyd administrative costs of $93.73, which have not been paid, and an in-house lien has been placed against the property. If the property is found to be in non-compliance again, the Board voted to fine Mr. Lloyd $250.00 per day for each day the property is in non-compliance. Case No. 98-7329 - Elizabeth Butler of 427 Sargo Road. The owner of the property is in violation of Chapter 12, Section 12-7 of the Code of the City of Atlantic Beach in that there exists on the premises located at 427 Sargo Road the following condition(s): Abandoned, inoperable vehicles and inoperable motor scooter in yard, trash scattered throughout the yard, high grass and weeds, and garbage spilling out of garbage containers. During the May Code Board Meeting, the Board voted not to fine Mr. Butler because the property was brought into compliance. The Board assessed $100.95 administrative costs, which have not been paid and are now an in-house lien against the property. If the property is found to be in non-compliance again, the Board voted to fine Mr. Butler $50.00 for each day the property Agenda Page -3- Code Enforcement Board September 8, 1998 is in non-compliance. Case No. 98-7370 - Harold Matthews of 455 Atlantic Boulevard. The owner of Endless Summer Glass Shop is in violation of Chapter 17, Section 17-2 and 17-8 of the Code of the City of Atlantic Beach in that there exists on the premises located at 455 Atlantic Boulevard the following condition(s): A non permitted sign (no permit issued) placed on a stockade (wooden) fence. It was reported the property had been brought into compliance and no fine levied at that time. However, the Board voted to impose a one-time fine of $100.00 should the property come into non-compliance again. Mr. Matthews was assessed $86.52 in administrative costs, which have been paid. Case No. 98-7572- Paul Ferber, Shoppes of North Shore 363 Atlantic Boulevard #3 (Unit #14 subject property). Paul Ferber owner of the property is in violation of Chapter 17, Section 17-2-(c) of the Code of the City of Atlantic Beach in that there exists on the premises located at 363 Atlantic Boulevard (Unit #14) the following condition(s): An non permitted sign in front of store unit #14. Code Enforcement Official Grunewald reported that the property had been brought into compliance. The Board assessed Mr. Ferber $93.73 in administrative costs, which have been paid. If the property is found to be in non-compliance again, the Board voted to fine Mr. Ferber a one-time fine of $250.00. 4. NEW BUSINESS: Case No. 98-7518 - James Baker, 598 Seaspray Avenue. Mr. Baker, owner of the property, is in violation of the following section(s): Chapter 12, Sections 12-1-3 and 7 and Chapter 24, Section 24-163-2 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): Travel trailer stored in front of the front yard setback line, abandoned Dodge Diplomat in front yard filled with trash and high vegetation (grass and weeds) on the property. Case No. 98-7271 - Calvin C. Grant, 826 Amberjack. Mr. Grant, owner of the property, is in violation of the following section(s): Chapter Section 163-2 Recreational Vehicle, Boat of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): Failure to store boat behind the front yard setback line. Case No. 98-7737 - Benny Ossi, 205 Edgar Street. Mr. Ossi, owner of the property, is in violation of the following section(s): Chapter Section 12-1-7 Open Storage of the Code of the Agenda Page -4- Code Enforcement Board September 8, 1998 City of Atlantic Beach in that there exists on the premises the following condition(s): outside storage of trash, discarded vegetation dumped in the rear yard and abandoned vehicles. This property has been sold to Jeff Klotz. Code Enforcement Official Grunewald will explain the disposition of the lien against the property. (See Item 5 A of the agenda). Case No. 98-7488 - H.G. Parks, 1120 Ocean Blvd. Mr. Parks, owner of the property, is in violation of the following section(s): Chapter Section 163-2 Recreational Vehicle, Boat of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): Failure to store boat behind the front yard setback line. Case No. 98-7518 - Kae Kendall, 50 Ocean Blvd. Ms. Kendall is in violation of the following section(s): Chapter 20, Sections 52 and 54 Business License Required of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): Failure to obtain a city business license. Case No. 98-7364 - Benjamin Brown, 457 Sailfish Drive. Mr. Brown, owner of the property, is in violation of the following section(s): Chapter Section 12-1-3 Weeds and Rubbish of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): trash not placed in a container, trash and debris scattered over the yard and high grass and weeds. Case No. 98-7735 - Billy Dawson, 310 Mealy Street. Mr. Dawson, owner of the property, is in violation of the following section(s): Chapter Section 12-1-7 Open Storage of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): Abandoned, inoperable vehicles and miscellaneous junk and trash on the property. 5. REQUEST FOR LIEN ACTION: Name Address Amount of Lien *A. Jeff Klotz 205 Edgar Street $2,593.73 None. 6. BOARD MEMBER COMMENTS: 8. ADJOURNMENT CITY OF 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE ( 904) 247-5800 FAX (904,247-5805 SUNCO'M 852-5800 September 2, 1998 Mr. Teff Klotz 205 Edgar Street Unit #12 Atlantic Beach, Fl 32233 Dear Jeff, It is my understanding that you or your representative will be present at the Code Enforcement Board meeting on September 8,1998, 7;30 PM. The meeting is held at the City of Atlantic Beach Commission Chambers, 800 Seminole Road . I highly suggest that someone be present at the meeting. If you have any questions please call me at 217-5855. Sincerely ; Karl W. Grunewald Code Enforcement Officer Cc: File CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES MAY 5, 1998 Call to order: PRESENT: Ken Rogosheske, Chairman James Pelkey Lou Etta Waters Robert Etheridge Tami Deitchman AND: Suzanne Green, Prosecuting Attorney Alan Jensen, City Attorney (arrived at 9:05 p.m.) Karl Grunewald, Code Enforcement Officer Julie M. Brandt, Secretary The meeting was called to order at 7:30 p.m. by Chairman Ken Rogosheske, followed by the Pledge of Allegiance to the Flag. 1. Approval of Minutes of the Regular Meeting of February 24, 1998 and the Special Called Meeting held March 25,1998 The minutes of the Regular Code Enforcement Board Meeting of February 24, 1998 and the Special Called Meeting of March 25, 1998 were approved as presented. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda. None. 3. OLD BUSINESS: Code Enforcement Official Karl Grunewald presented a follow-up report on the following property: 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. During the February 24, 1998 Code Enforcement Board Meeting Mr. Bobby Knight was found to be in violation of Section 12-1-7 of the Code. The Board voted Code Enforcement Board Minutes Page -2- May 5, 1998 to give Mr. Knight until 5:00 p.m., March 9, 1998 to erect a wooden fenced -in area in the corner of his property to store the lawn mowers. Code Enforcement Officer Grunwald was directed to meet with Mr. Knight at 9:00 a.m. the following day at 945 Plaza Street to discuss the type of fence to construct and its placement. The Board also voted to levy a $50.00 fine against the property because of the second violation of the same Code. It was also voted that if said property is not brought into compliance by March 9, 1998, a fine of $25.00 per day would 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 that Mr. Knight met the March 9, 1998 deadline for compliance and the property is being maintained, however, Mr. Knight has not paid the $50.00 fine imposed at that time. 4. NEW BUSINESS: Chairman Rogosheske read the case procedures to be followed and all of the witnesses were sworn in. Case No. 98-7407- James Smith, 85 Edgar Street. The owner of the property is in violation of Chapter 12, Section 12-7 and 12-1-3 of the Code of the City of Atlantic Beach in that there exists on the premises located at 85 Edgar Street the following condition(s): Trash and debris in the rear yard and the right-of-way along Robert Street is kept in an unsanitary manner. Code Enforcement Officer Grunwald read the charges and explained that this was the seventh time since 1992 that Mr. Smith had been found in violation of Chapter 12, Sections 3 and 7 of the City Code and distributed photographs verifying the same. As background, he reported that on March 5, 1996, the Code Enforcement Board found Mr. Smith to be in non-compliance and voted to fine him $50.00 per day from the time the property was found to be in non-compliance until brought into compliance to the satisfaction of the Code Enforcement Officer. Code Enforcement Officer Grunewald further reported that Mr. Smith was notified of the repeat violation on March 16, 1998, and remained in violation for fifty-one days, and he recommended that Mr. Smith be fined $2,550.00 for the repeat violation (51 days in non-compliance x $50.00 per day), and that administrative fees of $93.73 be assessed. Mr. Smith admitted to being in violation of Chapter 12, Section 12-7 and 12-1-3 of the Code. Board Member Deitchman asked Mr. Smith why he repeatedly let his property get in such disorder. Mr. Smith stated he had been injured and could not work or clean up his property. Code Enforcement Officer Grunewald stated that as of today, the property was cleaned up and in Code Enforcement Board Minutes Page -3- May 5, 1998 compliance. Board Member Pelkey inquired as to how we were informed of the violation, and Code Enforcement Officer Grunewald stated that Public Safety Offficer Dennis Alexander had reported it to him. Much discussion ensued concerning the on-going problem with the property and Board Member Pelkey expressed concern that he wanted the property to stay in compliance. Board Member Sanders thanked Mr. Smith for cleaning up the property. Code Enforcement Officer Grunewald reiterated the Code Enforcement Board Findings of Fact from 1996 stating that if found in violation again, Mr. Smith would be fined $50.00 per day for each day the property was found to be in non-compliance. Code Enforcement Officer Grunewald also pointed out that Mr. Smith had been fined $250.00 in 1992 by the Board and that fine was never paid. Some further discussion ensued, and a motion was made by Board Member Etheridge, seconded by Board Member Sanders and unanimously carried to find James Smith, by his admission, a repeat violator of Sections 12-3 and 12-7 of the Code. After considerable discussion concerning the $2,250.00 fine for the repeat violation, a motion was made by Board Member Etheridge, seconded by Board Member Sanders and unanimously carried to reduce the $2,250.00 fine to $1.00 and assess Mr. Smith $93.73 administrative costs. Mr. Smith was ordered to pay the previous fine of $250.00, the reduced fine of $1.00 and administrative costs of $93.73 by 5:00 p.m., May 18, 1998. Should the property come into non-compliance again, the Board voted to impose a fine of $50.00 per day against said property from the day the property is cited until compliance is reached to the satisfaction of the Code Enforcement Officer with the stipulation that said fine will become a non -modifiable lien against the property and will not be discussed by the Board. Chairman Rogosheske asked Mr. Smith if he understood the Board's findings and he stated that he understood. Case No. 98-7310 - Robert Stewart, 348 Church Road. The owner of the property is in violation of Chapter 12, Section 12-3 of the Code of the City of Atlantic Beach in that there exists on the premises located at 348 Church Road the following condition(s):Abandoned, inoperable vehicles stored in the yard, trash scattered throughout the yard and trash and debris scattered across the right-of-way. Mr. Stewart appeared before the Code Enforcement Board, and Chairman Rogosheske asked Code Enforcement Board Minutes Page -4- May 5, 1998 him if he admitted to or denied the allegations brought against him. Mr. Stewart admitted to the charges and stated he expected to have the property cleaned up by May 7, 1998. A brief discussion ensued concerning a $350.00 fine imposed by the Board on November 12, 1996, which was subsequently reduced by the Board to $100.00 remains unpaid. It was pointed out that this was Mr. Stewart's fourth appearance before the Board since May of 1996. After some further discussion, a motion was made by Board Member Pelkey, seconded by Chairman Rogosheske and unanimously carried to find Robert Stewart a repeat violator in violation of Chapter 12, Section 12-3 of the City Code. The Board assessed an Administrative fee of $79.30 and stated he must be in compliance by May 30, 1998. If the property is found to be in non-compliance after said date, the Board voted to fine Mr. Stewart $50.00 per day for every day the property is found to be in non-compliance until the property is brought into compliance to the satisfaction of the Code Enforcement Officer. Case No. 98-7386 - Joseph Nedeau of 105 West 6th Street. The owner of the property is in violation of Chapter 12, Section 12-7 of the Code of the City of Atlantic Beach in that there exists on the premises located at 105 West 6th Street the following condition(s): Abandoned, inoperable vehicles and inoperable boats stored in the yard, unpermitted buildings in the yard, building material stored outside and junk, trash and excessive vegetation in the yard. Mr. Nedeau was not present to answer to the charges and Case No. 98-7386 was not heard at this time. (The case was heard out of sequence, see page 6 ). Case No. 98-7484 - Brian Lloyd of 422 Sargo Road. The owner of the property is in violation of Chapter 12, Section 12-3 and Chapter 24, Section 24-163-2 of the Code of the City of Atlantic Beach in that there exists on the premises located at 422 Sargo Road the following condition(s): Boat stored in front of front setback line, trash scattered throughout the yard, trash and debris scattered across the right-of-way, and high grass and weeds. Code Enforcement Official Grunewald reported that the property had been cleaned up except for one tire lodged under the fence. When asked, Mr. Lloyd admitted to being a repeat violator of Chapter 12, Section 12-3 and Chapter 24, Section 24-163-2 of the City Code. He further stated that he would remove the tire, but he was using it to keep his dog in his yard. Code Enforcement Officer Grunewald stated that there had been seven complaints against the property since 1995. After a brief discussion, a motion was made by Board Member Pelkey, seconded by Board Member Deitchman and unanimously carried giving Mr. Lloyd until 5:00 p.m., May 12, Code Enforcement Board Minutes Page -5- May 5, 1998 1998 to bring the property into compliance. The Board assessed Mr. Lloyd $93.73 administrative costs. If the property is found in non-compliance after that date, the Board voted to fine Mr. Lloyd $250.00 per day until the property is brought into compliance to the satisfaction of the Code Enforcement Officer. Chairman Rogosheske asked Mr. Lloyd if he understood the Board's findings and he stated that he understood. Case No. 98-7329 - Elizabeth Butler of 427 Sargo Road. The owner of the property is in violation of Chapter 12, Section 12-7 of the Code of the City of Atlantic Beach in that there exists on the premises located at 427 Sargo Road the following condition(s): Abandoned, inoperable vehicles and inoperable motor scooter in yard, trash scattered throughout the yard, high grass and weeds, and garbage spilling out of garbage containers. Prosecuting Attorney Green read the charges against Elizabeth Butler. Leslie Butler stated he was renting the property from his ex-wife, Elizabeth Butler and admitted to being in violation of Chapter 12, Section 12-7 of City Code of Ordinances. Code Enforcement Officer Grunewald reported that as of 3:00 p.m. this afternoon, high grass and weeds still existed on the property. Mr. Butler stated that he had the property mowed after that time. Code Enforcement Officer Grunewald also reported that the motor scooter had been moved out of sight and, therefore, was in compliance. After some discussion, a motion was made by Board Member Pelkey, seconded by Board Member Deitchman and unanimously carried not to fine Mr. Butler because the property was brought into compliance. The Board voted to assess Mr. Butler $100.95 administrative costs. If the property is found to be in non-compliance again, the Board voted to fine Mr. Lloyd $50.00 per day from the day the property is cited, until it is brought into compliance to the satisfaction of the Code Enforcement Officer. Case No. 98-7370 - Harold Matthews of 455 Atlantic Boulevard. The owner of Endless Summer Glass Shop is in violation of Chapter 17, Section 17-2 and 17-8 of the Code of the City of Atlantic Beach in that there exists on the premises located at 455 Atlantic Boulevard the following condition(s): A non permitted sign (no permit issued) placed on a stockade (wooden) fence. Harold Matthews, who rents the property at 455 Atlantic Boulevard and operates Endless Summer Glass from the site, was not present at the meeting. Code Enforcement Officer Grunewald reported Mr. Matthews had removed the sign from the fence and obtained a permit for the sign on the building and was in compliance. Code Enforcement Board Minutes Page -6- May 5, 1998 After a brief discussion, a motion was made by Board Member Etheridge, seconded by Board Member Pelkey and unanimously carried to assess Mr. Matthews $86.52 administrative fees, and to fine Mr. Matthews a one-time fine of $100.00 should the property come into non-compliance again. Case No. 98-7572- Paul Ferber, Shoppes of North Shore 363 Atlantic Boulevard #3 (Unit #14 subject property). Paul Ferber owner of the property is in violation of Chapter 17, Section 17-2-(c) of the Code of the City of Atlantic Beach in that there exists on the premises located at 363 Atlantic Boulevard (Unit #14) the following condition(s): An non permitted sign in front of store unit #14. Paul Ferber, owner of the Shoppes of North Shore, was not present at the meeting. Code Enforcement Official Grunewald reported that Mr. Ferber was now in compliance. A letter from Mr. Ferber dated May 5, 1998 was read. After a brief discussion, a motion was made by Board Member Etheridge, seconded by Board Member Sanders and unanimously carried to assess Mr. Ferber $93.73 in administrative costs, and if the property is found to be in non-compliance again, the Board voted to fine Mr. Ferber a one-time $250.00 fine for any violation of the City Code which may occur on said property. Case No. 98-7386 - Joseph Nedeau of 105 West 6th Street. The owner of the property is in violation of Chapter 12, Section 12-7 of the Code of the City of Atlantic Beach in that there exists on the premises located at 105 West 6th Street the following condition(s): Abandoned, inoperable vehicles and inoperable boats stored in the yard, unpermitted buildings in the yard, building material stored outside and junk, trash and excessive vegetation in the yard. A brief discussion ensued concerning the fact that Mr. Nedeau was not present. Prosecuting Attorney Green inquired if he had received proper notice. Code Enforcement Officer Grunewald stated that he had received proper notice and the property was now in compliance. Prosecuting Attorney Green advised that the hearing could proceed in his absence. A motion was made by Board Member Pelkey, seconded by Board Member Deitchman and unanimously carried to assess Mr. Nedeau $93.73 administrative costs, and if the property is found to be in non-compliance again, the Board voted to fine Mr. Nedeau $50.00 per day from the day the property is cited until the property is brought into compliance to the satisfaction of the Code Enforcement Officer. 5. REQUEST FOR LIEN ACTION: Name Address Amount of Lien Code Enforcement Board Minutes Page -7- May 5, 1998 REDUCTION OF LIEN Joseph Romano 1170 Begonia Street $6,305.27 (includes interest) RE#171024-0000 $3,825.59 (includes interest) Code Enforcement Official Grunewald provided background information and explained the request, as referenced in his memo dated May 5, 1998, which is attached and made part of this official record as Attachment A. Joseph Romano of 1170 Begonia Street was sworn in and also explained his request and answered questions. Board Member Pelkey inquired if the property remained in compliance, and Code Enforcement Officer Grunwald stated it was in compliance. After a brief discussion, a motion was made by Board Member Deitchman, seconded by Board Member Waters and unanimously carried to reduce the amount of the lien on the property located at 1170 Begonia Street (RE#171024-0000) to $5,065.44 as recommended by Code Enforcement Officer Grunewald in his memo dated May 5, 1998. 6. REQUEST FOR RELEASE OF LIEN: Authorize Chairman Ken Rogosheske to execute Partial Release of Code Enforcement Lien filed in Official Records Book 7553, Page 947 on property at 754, 756, 758, 760 762 and 764 Cavalla Road, Atlantic Beach, Florida. City Attorney Jensen arrived at the meeting at 9:05 p.m. and explained that the city's lien against the property had been filed after the foreclosure on said properly and there was no choice but to release the lien. After a brief discussion, a motion was made by Board Member Sanders, seconded by Board Member Etheridge and unanimously carried to authorize Chairman Ken Rogosheske to execute the release of lien document. 7. BOARD MEMBER COMMENTS: None. 8. ADJOURNMENT Code Enforcement Board Minutes Page -8- May 5, 1998 There being no further discussion or business to come before the Board, the meeting adjourned at 9:10 P.M. Ken Rogosheske, Chairman Code Enforcement Board Attest: Julie M. Brandt, Secretary ATTACHMENT A MAY 5, 1998 CODE ENFORCEMENT BOARD MEETING CITY OF r�'2arr is Fead - %rich 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904) 247-5805 SUNCOM 852-5800 May 5, 1998 To: Chairman, Code Enforcement Board From: Karl W. Grunewald, Code Enforcement Officer Subject: Request for reduction of fine and lien One. This request is in reference to a lien placed against the property of Joseph Romano, 1170 Begonia Street, A/K/A Lots 3 thru 6, Block 207, Section H, Re # 171024-0000. Lien # 95253985 was imposed as a result of failure to comply with licensing requirements. This lien is in the amount of $5094.60, plus $1210.67 interest as of this date, a total of $6305.27. The Romano Family is requesting that this amount be reduced. It is my recommendation that should the board elect to reduce the amount of the lien, that it is reduced by an amount of half. ($3152.64) and that when paid that this amount is accepted as payment in full. Two. This request is in reference to a lien placed against the property of Joseph Romano, 1170 Begonia Street, A/K/A Lots 3 thru 6, Block 207, Section H, Re# 171024-0000. Lien # 95253984 was imposed as a result of the City of Atlantic Beach causing Public Works Department to remove all trash and debris from the above property. This lien is in the amount of $3091.04 plus $734.55 interest as of this date, a total of $3825.59. The Romano Family is requesting that this amount be reduced. It is my recommendation that should the board elect to reduce the amount of the lien, that it is reduced in the amount of half, ($1912.80) and that when paid that amount is accepted as payment in full. The new total of the combined payment will be $5065.44. The original liens will remain as they are until such time as a satisfaction of lien is requested and the amended amount is paid. Sincerely; Karl W. Grunewald Code Enforcement Officer CITY OF ATLANTIC BEACH - FLORIDA CODE ENFORCEMENT BOARD MEETING The next meeting of the City of Atlantic Beach Code Enforcement Board will be held on Tuesday, September 8, 1998 at 7:30 p.m.in the Commission Chambers, 800 Seminole Road, Atlantic Beach, Florida. All persons interested are notified to be present at said time and place and they shall be heard. If a person decides to appeal any decision at any meeting or hearing, he will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which appeal is to be based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact Maureen King, City Clerk, at 247-5809 or at City Hall, 800 Seminole Road Published: September 2, 1998 Beaches Leader Posted: City Hall Posted 8-31-98 10:00 a.m. CITY OF 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 __.u' TELEPHONE (904) 247-5800 A FAX (904) 247-5805 SUNCOM 852-5800 August 11, 1998 MEMO TO: Public Safety Director Thompson FROM: KARL GRUNEWALD, CODE ENFORCEMENT OFFICER REFERENCE: CODE ENFORCEMENT BOARD BOARD MEETING TUESDAY, September 8,1998 NOTICES TO APPEAR/RECEIPT OF NOTIFICATION Please have the following Notices to Appear hand delivered by an Officer between now and Friday, August 28, 1998: Benjamin Brown 457 Sailfish Drive Kay Kendall Unique Boutique 50 Ocean Boulevard Billy Dawson Dawson Trucking 310 Mealy Street James Baker 598 Seaspray Al Monte 596 Seaspray Calvin C. Grant Adonya Evans 826 Amberjack Lane Charles Haworth 808 Amberjack Lane H. G. Parks 1120 Ocean Boulevard Also, please return the attached Receipt of Notification forms to the City Clerk's Office by Monday, August 31, 1998. Thank you for your continued cooperation. is greatly appreciated. Sincerely, Karl Grunewald Code Enforcement officer /Enclosures - Eight (8) Notices to Appear Your help in this matter CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 98-7518 August 5, 1998 James Baker 598 Seaspray Avenue Atlantic 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 8th day of September, 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 and 7 and Chapter 24, Section 24-163-2 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 598 Seaspray Avenue (RE##170703-0432, aka Lot 33, Blk 4, Seaspray) in the City of Atlantic Beach, the following condition(s): Travel trailer stored in front of the front yard setback line, abandoned Dodge Diplomat in front yard filled with trash and high vegetation (grass and weeds) 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: E�ARY Ken kogoshevke Chairman, C de Enforcement Board o� pt kT/c City of Atlantic Beach v -= FcOR10P Code Enforcement Board Case Presentation C. B. Date: Sept.B, 1998 Case # 98- -7518 Defendant: James BAKER Location: 598 Seaspray Ave Lot 33,Blk4, Seaspray RE # 170703-0432 violation : Chapter 12, Sec 12-1-7 ( outside storage) Chapter 24, Sec. 24-163-2 ( recreational vehicle ) 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 x tax records, a title search, Other 2. The nature of the violation is: 1. Abandoned vehicles and travel trailer, High grass and weeds, outside storage. 3. Inspection of the property was prompted as a result of a complaint x Routine Inspection X 4. Notice of violation was issued to occupant x on April 3,1998 5. Notice was achieved by certified mail X hand delivery posting_ method of service meets with requirements of FI S.S.162-12. 6. 1 did x speak with the owner X occupant X of the property. 7. The latest inspection was a result of following up and routine inspection. i 8. The violation is still present X , in compliance 9. In order to achieve compliance, it is necessary to remove the Trailer, car and other items from the front yard as well as cut all of the vegetation. The rear yard must be cleared of all junk vehicles and other outside storage. 10. Ido 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 30 days would be sufficient time to correct the violation. Further comments: This property has been a continuing problem dating back to 1993. The Bakers have with regularity brought the property into compliance only to allow it to again fall into non compliance. There is located in the front yard a small travel trailer that violates Chapter 24, Sec 24-163-2, recreational vehicles must be stored behind the front yard set back line, this trailer has not been moved in years. There is a Dodge, Diplomat, White/Blue, Reg.J873987 FI Temp, Exp.4-30-98 stored in the front yard, the vehicle is filled with trash and appears to be inoperable on a public road. The vegetation is high and the property generally unkept. The rear yard has become a junk yard of cars and other items. Mr. Baker appeared before the board January 4,1994. This is a repeat violation. Recommendations: It is my recommendation that a one time fine be placed against this property in the amount of $500.00. That a time certain be stated for compliance with a daily fine of $100.00 per day if compliance is not meet in that time . That a Fine of $500 per day be noted should the property ever fall into non compliance again. Witness and Complainant: Mr. Al Monte, 596 Seaspray Ave. Karl W. Grunewald Code Enforcement Officer 6A April 3, 1998 James Baxter 598 Seaspray Atlantic Beach, Fl 32233 Dear Sir: 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 owner of the following property in the City of Atlantic Beach, Florida: Re: 598 Seaspray aka : Lot 33, Blk 4, Seaspray Re 170703-0432 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 West side of Front Yard Chapter 12-1-7 - Trash & Debris stored in front Yard Chapter 24-13-2 - House Trailer stored in front of front yard set back line Please remove all trash and storage, cut vegetation & remove trailer. This is a repeat violation, 2nd warning. You are hereby notified that unless the conditions above described are remedied with 30 days from the date of your receipt hereof this case will be turned over to the Code Enforcement Board. Under Florida Statues 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/ ir�c�rG�� Karl W. G newald Code Enforcement Officer KWG/gah cc : Public Safety Director cec: 7518 James Baker 598 Seaspray Avenue Atlantic Beach, FL 32233 Dear Sir: 997 800 SEMI\OLE ROAD ATLANTIC BEACH. FLORIDA 32333-54-I5 TELEPHONE 1904) 247-5800 FXK 1904),-)47-580.5 SL NCONI 5.52-5300 Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: Re: 598 Seaspray Avenue alkfa Lot 33, Block 4, Seaspray RE#170703-0432 Investigation of this property discloses that I have found and determined that you are in violation of City of Atlantic Beach Ordinance Chapter 12, Section 12-1-7 - Abandoned vehicles rear yard; Chapter 12, Section 12-1-3 - High grass and weeds; Chapter 12, Section 12-1-3 - Vehicle in front yard being used for storage; Chapter 24, Section 24-163-2 -Trailer stored- in -front yam This is a -repeat violation, you can be fined $500 per day. You are hereby notified that unless the conditions above described- are remedied within fifteen (15) days from the date of your receipt hereof this casewill be turned over to the Code Enforcement Board. Under Florida Statutes 162.G9, the Code Enforcement Board may impose fines of up to $250.00 per day for afirstviolation and $500.00 per day fora repeat violation. Sincerely, Karl W. Grunewald Code Enforcement Officer KWG/pah cc: Public Safety Director Al Monte . VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED #6599 Code Enforcement Administrative Charges for Presentation to the Board Pursuant tO F SS 162 . 07 (2) the following charges for prosecuting this case before the code enforcement shall be charged to each violator provided they be found in violation. Such costs may be included in a lien authorized under s. 162.09 (3) if not paid within 30 days. Case Number 7518, James Baxter, 598 Seaspray Ave. Code Enforcement Officer, $ 14.43 per hour x 3 hours = $ 43.29 Prosecuting Attorney, $ 100.00 per hour x .5 hours = $ 50.00 Code Enforcement Secretary, $ 9.83 per hour x 1 hour = 9.83 Postage, Cert Mail, $ 2.52 x 3 = $ 7.56 Total Charges $ 43.29 $ 50.00 $ 9.83 $ 7.56 $ 110.68 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 98-7518 Petitioner, ) VS. ) SUBPOENA JAMES BAKER Respondent. ) -------------------------------- ) TO: NAME: JAMES BAKER STREET 598 SEASPRAY AVENUE 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 8TH day of SEPTEMBER 1998 at 7:30. p. m. in reference to violation of Section(s): 12-1-3 AND 7,AND 24-163-2 ABANDONED VEHICLES AND TRAVEL TRAILER STORED IN FRONT OF FRONT YARD SETBACK LINE, HIGH GRASS AND WEEDS IN FRONT YARD LOCATION OF VIOLATION: 598 SEASPRAY AVENUE Failure to appear subjects you to penalty of law. Dated this STH day of AUGUST , 1998. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY Secretary CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 98-7518 Petitioner, ) Vs. ) SUBPOENA JAMES BAKER Respondent. ) -------------------------------- ) TO: NAME: AL MONTE STREET 596 SEASPRAY AVENUE 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 8TH day of SEPTEMBER 1998 at 7:30. p. m. in reference to violation of Section(s): 12-1-3 AND 7,AND 24-163-2 ABANDONED VEHICLES AND TRAVEL TRAILER STORED IN FRONT OF FRONT YARD SETBACK LINE, HIGH GRASS AND WEEDS IN FRONT YARD LOCATION OF VIOLATION: 598 SEASPRAY AVENUE Failure to appear subjects you to penalty of law. Dated this STH day of AUGUST , 1998. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY Secretary POLICE • r 3 AFTER • r OFFICE - CODES r + • K R+ r C CODES ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION Ac�A�L)�V served notification to: JAMES BAKER 598 SEASPRAY ATLANTIC BEACH, FL 32233 this day of __��i 1998• AT f'x5, 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 SEPTEMBER 8, 1998 7:30 P.M. CITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Server: Signature of Receiver: Dated: F <3-- 9R Please return to the City Clerk's Office. Thank you. .4 z�"�.�f� �l13�4g l'•tS�M POLICE NOTICE .. S BEEN DET,TVE Vn PLEASE RETURN THIS RECEIPT TO •F,:N+ YOU, CODES ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION served notification to: AL MONTE 596 SEASPRAY ATLANTIC BEACH, FL 32233 this /5"L4' day of 1998. AT ��t%'r 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 SEPTEMBER 8, 1998 7:30 P.M. CITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Server: Signature of Receiver: Dated: Please return to the City Clerk's Office. Thank you. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 98 -7271 - August 5, 1998 Calvin C. Grant Adonya Evans 826 Amberi ack Lane Atlantic Beach FL 32233 Dear Mr. Grant: 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 8th day of September, 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 24,Section 163-2 Recreational Vehicle, Boat 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 826 Ameberjack Lane (RE## 171142-0000, aka Lots 2, Block 3, Royal Palms 1) the City of Atlantic Beach, the following condition(s): Failure to store boat behind the front yard setback 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: ECRETARY Ken RogosheAke Chairman, Code Enforcement Board P(1.11NTjC Q City of Atlantic Beach J - Z FtORIpP Code Enforcement Board Case Presentation C. B. Date: Sept.8, 1998 Case # 98- -7271 Defendant: -Calvin C. Grant Adonya Evans Location: 826 Amberjack Lane Lot 2, Blk. 3, Royal Palms 1 Re # 171142-x0000 Violation : Chapter 24, Sec 163-2 ( Recreational Vehicle, Boat) Owner Occupied: Rental: _x Homestead: yes No x Code Enforcement Board Members: 17 2 3 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 x tax records, a title search, Other The nature of the violation is: Failure to store boat behind front yard set back line. Inspection of the property was prompted as a result of a complaint x Routine Inspection x 4. Notice of violation was issued to occupant x on March 17,1998, Certified Mail was unclaimed. Feb. 12, 1998, notification by police hand delivery accepted. 5 0 Notice was achieved by certified mail hand deliveryX posting_ method of service meets with requirements of FI S.S.162-12. I did x speak with the owner occupant X of the property. 7. The latest inspection was a result of following up and routine inspection. 1 8. The violation is still present X , in compliance 9. In order to achieve compliance, it is necessary to move the boat behind the front yard set back line. 10. Ido 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 5 days would be sufficient time to correct the violation. Further comments: To date no action has been taken to remove the boat from the front yard set back line, building restriction line. The occupant of the property has been warned several times verbally and by notice to move his boat, at each time the boat is moved for a short period of time and then returned. This appearance is the third notification. Recommendations: I recommend that if it not be moved within five days that a fine of $100.00 per day be levied until such time as the boat is moved to comply with the code. That any future violations an automatic fine of $100.00 per day be levied as a repeat violation. Witness and Complainant: Charles Haworth 808 Amberjack Lane Atlantic Beach, FI 32233 Karl W. Grunewald Code Enforcement Officer 2 March 11, 1998 Calvin C. Grant 826 Amberjack Lane Atlantic Beach, Fl 32233 Dear Mr. Grant: 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 owner of the following property in the City of Atlantic Beach, Florida: Re: 826 Amberjack Lane aka : Lot 2, Blk. 3, Royal Palms 1 Re 171142-0000 Investigation of this property discloses that I have found and determined that you are in violation of City of Atlantic Beach Ordinance Chapter 24, Section 163-2. Boat must be stored behind front yard set back line. (ie: To rear of front of house.) First Warning issued 11-06-97. You are hereby notified that unless the conditions above described are remedied with 5 days from the date of your receipt hereof this case will be turned over to the Code Enforcement Board. Under Florida Statues 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/gah cc: Public Safety Director VIA HAND DELIVERED Code Enforcement Administrative Charges for Presentation to the Board Pursuant to Fl S. S. 162 . 07 (2) the following charges for prosecuting this case before the code enforcement shall be charged to each violator provided they be found in violation. Such costs may be included in a lien authorized under s. 162.09 (3) if not paid within 30 days. Case Number 7733, Adonya Evans, 826 Amberjack Lane Code Enforcement Officer, $ 14.43 per hour x 1 hours = $ 14.43 Prosecuting Attorney, $ 100.00 per hour x.5 hours = $ 50.00 Code Enforcement Secretary, $ 9.83 per hour x 1 hour = $9.83 Postage, Cert. Mail, $ 2.52 x 2 = $ 5.04 Total Charges $ 14.43 $ 50.00 $ 9.83 $ 5.04 $ 79.30 POLICE DEPARTMENT: AFTER THE NO ICE -HAS. BEEN DELIVERED PLEAS RETURN THIS RECEIPT TO THE CITY MEEK'S THANK XQU, CODES ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION I, / served notification to: CALVIN C. GRANT J o� ADONYA EVANS�, 826 AMBERJACK LANE ATLANTIC BEACH, FL 32233 this day of 1998• AT �� ( A./P.M. This notification was in reference to: A NOTICE OF HEARING OF THE CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF SEPTEMBER 8, 1998 7:30 P.M. CITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Server: Signature of Receive Dated: Please return to the City Clerk's Office. Thank you. T)V POLICE • AFTER t \• 40 \ A` • tCLERK'STHANK CODES ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION L _ I`C�£jC�iJ� served notification to: CHARLES HAWORTH 808 AMBERJACK LANE ATLANTIC BEACH, FL 32233 this 13 day of AUS: , 1998. AT Id- / A.M./ This notification was in reference to: A NOTICE OF HEARING OF THE CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF SEPTEMBER 8, 1998 7:30 P.M. CITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Server: / Signature of Receiver: Dated: Please return to the City Clerk's Office. Thank you. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 98-7737-- August 8-7737-August 5, 1998 Benny Ossi 23 Poinciana Way Ponte Vedra Beach. FL 32082 Dear Mr. Ossi: 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 8th day of September, 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 ._Section 12-1- 7 Open Storage 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 205 Edgar Street (RE# 172266-0000, aka Lot 1, Block 2, Pt Govt. Lot 4, Donners Replat #2) the City of Atlantic Beach, the following condition (s) : outside storage of trash discarded vegetation dumped in the rear yard and abandoned vehicles 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: SECRETARY K n Rogos ske Chairman, Code Enforcement Board pt1.ANTjc I-� Q City of Atlantic Beach FLOR►Op Code Enforcement Board Case Presentation C. B. Date: Sept.8, 1998 Case # 98- -7737 Defendant: Benny J. Ossi Location: Edgar Street Lot 1, Blk. 2, Pt. Govt. Lot 4, Donners Replat 2 Re # 172266 - 0000 Violation : Chapter 12, Sec 12-1-7 ( Outside Storage ) Owner Occupied: Rental: x Homestead: yes No x 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 x_tax records, a title search, Other 2. The nature of the violation is: Outside storage of trash and discarded vegetation dumped in rear yard, abandoned vehicles. 3. Inspection of the property was prompted as a result of a complaint_ Routine Inspection x 4. Notice of violation was issued to owner x on June 29,1998, Certified Mail 5. Notice was achieved by certified mail x hand delivery—posting— method eliveryposting_method of service meets with requirements of FI S.S.162-12. 6. 1 did not x speak with the owner x occupant x of the property. 7. The latest inspection was a result of following up and routine inspection. 1 8. The violation is still present x, in compliance 9. In order to achieve compliance, it is necessary to remove all outside trash, the dumped vegetation in rear yard and show abandoned vehicles are operable and ownership. 10. Ido 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 15 days would be sufficient time to correct the violation. Further comments: Mr. Ossi appeared before the board on November 3,1997 for the same violations. Through its findings the board stated that should the property fall into violation again a $ 100.00 per day fine would be activated until such time as the property was again brought into compliance. Mr. Ossi was notified on July 3,1998 and given fifteen days to reach compliance. To date the conditions continue to exist. As of July 20,1998 the fine of $100.00 per day for each day the violation continues has been activated. This is a repeat violation. Recommendations: I recommend that the existing fine not be reduced, that if the property is not cleaned up to the satisfaction of the Code Enforcement Officer within a time certain that a $500.00 per day fine be levied until the property is brought into compliance. Any future violations an automatic fine of $ 500.00 per day are levied as a repeat violator. Witness and Complainant: Attachment: ILW Zoning Ordinance Karl W. Grunewald Code Enforcement Officer V June 29, 1998 Mr. Benny J. Ossi 23 Poinciana Way Ponta Vedra Beach, Fl 32082 Dear Sir: 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 owner of the following property in the City of Atlantic Beach, Florida: Edgar Street a/k/a Lot 1, Block 2, Pt. Govt. Lot 4, Donners Replat #2 re: 172266-0000 Investigation of this property discloses that I have found and determined that a public nuisance exists theron so as to constitute a violation of City of Atlantic Beach Ordinance Chapter 12, Section 12-1- 7, open storage, i.e., abandoned vehicle, boats and other miscellaneous trash stored on property. Chapter 12-1-3, depositing of vegetation and other material dangerous to the health & safety of the public. You are hereby notified that unless the condition above described is remedied within fifteen days from the date of your receipt herof, this case will be turned over to the Code Enforcement Board. This is a repeat violation and as per findings of fact November 3 1994, fifteen days from this notice you will be fined $100.00 per day. Under Florida State Statute 162.09, the Code Enforcement Board may impose fines of up to $250.00 per day for a first violation and $500.00 for a repeat violation. Sincerely, %mss - •��,��__._----�� Karl W. Grunewald Code Enforcement Officer KWG/gah cc: Public Safety Director cec: 7737 Enclosure CITY OF 1*4U4-c November '/, 1994 Mr. Benny J. nssi 23 Poinciana Way Ponte Vedra Beach, Florida 32082 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904) 247-5805 Subject: 205 Edgar Street, Atlantic Beach, Florida 32233 Dear Mr. Ossi: Enclosed please tind Findings of Fact relative to a violation of the City Code at the above reterenced property. This was established at the Code Entorcement Board Meeting held November 3, 1994. Should you have any questions pertaining to this matter please contact Karl Grunewald, Code Entorcement Inspector, at 24'/-51314. Sincerely, Edward Martin, Chairman Code Entorcement Board EM: ti CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CASE NO. 0079 RE: VIOLATION OF SECTION 12-1-7 OF THE ATLANTIC_. BEACH CITY CODE. LEGAL DESCRIPTION: 205 EDGAR STREET, A/K/A LOT 1, BLOCK 2, GOVT. LOT 4, DONNERS REPLAT #2, RE#172266-0000 The Code Entorcement Board has heard testimony at the Code Entorcement Board hearing held the 3RD day of NOVEMBER , 1994, and based on the evidence, the Code Enforcement Board enters the following FINDINGS OF FACT, CONCLUSIONS OF LAW, FINDINGS OF FACT BENNY J. OSSI WAS FOUND TO BE IN VIOLATION OF SECTION 12-1-7 OF THE CODE. HE WAS GIVEN UNTIL NOVEMBER 20, 1994 TO BRING THE PROPERTY INTO COMPLIANCE TO THE SATISFACTION OF THE CODE ENFORCEMENT INSPECTOR. IF THE PROPERTY IS NOT BROUGHT INTO COMPLIANCE BY NOVEMBER 20, 1994 A FINE OF $100.00 WILL BEGIN AND WILL CONTINUE EACH DAY UNTIL THE PROPERTY IS BROUGHT INTO COMPLIANCE. IF THE PROPERTY IS FOUND TO BE IN NON-COMPLIANCE OF SECTION 12-1-7 OF THE CODE BY THE CODE ENFORCEMENT INSPECTOR AT ANY TIME IN THE FUTURE A FINE OF $100.00 PER DAY WILL BEGIN ON THE DAY THE PROPERTY IS FOUND TO BE IN NON-COMPLIANCE AND CONTINUING EACH DAY UNTIL THE PROPERTY IS BROUGHT INTO COMPLIANCE TO THE SATISFACTION OF THE CODE ENFORCEMENT INSPECTOR. CONCLUSIONS OF LAW There was competent, substantial evidence presented to support a finding of a violation of the Ordinance Code as charged. ORDER It is the Order of this Board that BENNY J. OSSI shall comply with Paragraph Two, Findings of Fact, as stated above. It BENNY J. OSSI does not comply within the time specified, he shall pay a tine of $ 100.00 per day for each day the violation continues to exist. It BENNY J. OSSI does not comply within the time spec.itied, a certified copy of this Order, or a Claim of Lien, shall be recorded in the public records of the Ottice of the Clerk of the Circuit. Court in and for Duval County, and once recorded shall constitute a lien against the property upon which the violation exists, or it you do not own the land, upon any other real or personal property owned by you, pursuant. to Chapter 162, Florida Statutes. Upon complying, BENNY J. OSSI shall notify the Code Entorcement Otticer who shall inspect the property and notify the Board of compliance. Should a dispute arise concerning compliance, either party may request a further hearing before the board. DONE AND ORDERED THIS 3RD DAY ATT ST: Sec. OF NOVEMBER 1994. �, 1994. zc�ja" '110 , `George E. Mart1h, Chairman Code Entorcement Board Code Enforcement Administrative Charges for Presentation to the Board Pursuant to Fl S.S. 162. 07 (2) the following charges for prosecuting this case before the code enforcement shall be charged to each violator provided they be found in violation. Such costs may be included in a lien authorized under s. 162.09 (3) if not paid within 30 days. Case Number 7737, Benny J. Ossi, 205 Edgar Street Code Enforcement Officer, $ 14.43 per hour x 2 hours = $ 14.43 Prosecuting Attorney, $ 100.00 per hour x .5 hours = $ 5 0. 00 Code Enforcement Secretary, $ 9.83 per hour x 1 hour = $9.83 Postage, Cert. Mail, $ 2.52 x 2 = $ 5.04 Total Charges $ 28.86 $ 50.00 $ 9.83 $ 5.04 $ 93.73 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 98-7737 Petitioner, ) VS. ) SUBPOENA BENNY OSSI Respondent. =) -------------------------------- ) TO: NAME: BENNY OSSI STREET 23 POINCIANA WAY CITY PONTE VEDRA BEACH, STATE FL 32082 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 8TH day of SEPTEMBER 1998 at 7:30. P. M. in reference to violation of Section(s): 12-1-7, OPEN/OUTSIDE STORAGE OF TRASH, DISCARDED VEGETATION DUMPED IN THE REAR YARD AND ABANDONED VEHICLES LOCATED ON THE PROPERTY. LOCATION OF VIOLATION: 205 EDGAR STREET Failure to appear subjects you to penalty of law. Dated this_ 'T- H day of AUGUST 1998. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY lei Secretary 'oowa Idoe urqa BSumr mApaq.L ° 6 ` § )) / \ \\ k / < 3 / k § E CD q I w= ¥ O O O 2 j w § f a < k § ) f \ o /r < 2 CD 3=R R k ® 0 c $ B O O m 2 = m �. / k > / D _ $ { or k CC CL $ m�< O O e o D _ ® \ kk/E ;c a c,— Cd \ /k { k) ga ,m¢22 = o a » ° 6 ` § )) / \ \\ k / < 3 / k § E CD q I w= ¥ O O O 2 j w § f a < k § §®°m _ lo / CDo R \ \ \} > / _ $ { or \/k # k o / }) } _ ® \ k ;c a c,— Cd \ /k { k) cC = o a » _ § / k \o )k 6 / k ./ !rU«Q#7277 / / ) x a ° 76 E / § / / \ inmN K $ Asa #a GL" uoplmd_,s�aaVNBni-3umUm t ¢ E CITY OF '4&44 r STATE OF FLORIDA COUNTY OF DUVAL CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904) 247-5805 SUNCONI 852-5800 I, Maureen King, the undersigned City Clerk for the City of Atlantic Beach, Duval County, Florida, DO hereby certify there is an unpaid Code Enforcement Lien due the City of Atlantic Beach against: RE# 172266-0000 25-068 17 -2S -29E Lot 1, Blk 2 Pt Govt Lot 4 Donners Replat No. 2 As recorded in OR Book 7387, Page 1668 , Duval County Public Records. Due to the City of Atlantic Beach: Fine for 25 days of violation at $100.00 per day: $2,500.00 plus administrative fee of $93.73. TOTAL AMOUNT DUE $2,593.73 IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Atlantic Beach, Duval County, Florida, at the City Hall this 25th day of August 1998. (SEAL) Mau een King,/CMCl City Clerk l Paid this 25th day of August 1998, the sum of $5.00 (five dollars) for the above lien letter. Your Reference Response: File No.: 98007DT $5.88 51 Date: 8/25/98 BI Receipt: 898134 CHECKS 1615 88188883699888 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 98-7488 August 5, 1998 H. G. Parks 112.0 Ocean Boulevard Atlantic Beach, FL 32233 Dear Mr. Parks: 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 8th day of September, 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 24,_Section 168- 2 Recreational Vehicle, Boat 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 1120 Ocean Boulevard (REQ# 170285-0000, aka Lot 2, Block 44 Atlantic Beach) the City of Atlantic Beach, the following condition(s): Failure to store boat behind the front yard setback 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: 10, 6W&± -'e'W'Z Y CRETARY Ken Rogo e e Chairman, C de Enforcement Board ' P�1.AHt��, City of Atlantic Beach C2 FtOR10P Code Enforcement Board Case Presentation C. B. Date: Sept.8, 1998 Case # 98- -7488 Defendant: H.G. Parks Location: 1120 Ocean Blvd. Lot 2 , Blk. 44, Atlantic Beach Re # 170285-0000 Violation : Chapter 24, Sec 163-2 ( Recreational Vehicle, Boat) Owner Occupied: 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 x tax records, a title search, Other 2. The nature of the violation is: Failure to store boat behind front yard set back line. 3. Inspection of the property was prompted as a result of a complaint x Routine Inspection _ 4. Notice of violation was issued to occupant x on April 1,1998,Certified Mail was unclaimed. June 4,1998 notification by police hand delivery accepted. 5. Notice was achieved by certified mail hand deliveryX posting_ method of service meets with requirements of FI S.S.162-12. 6. 1 did not x speak with the owner x occupant of the property. 7. The latest inspection was a result of following up and routine inspection. 1 8. The violation is still present X , in compliance 9. In order to achieve compliance, it is necessary to move the boat behind the front yard set back line. 10. Ido_ 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 5 days would be sufficient time to correct the violation. Further comments: To date no action has been taken to remove the boat from the front yard set back line, building restriction line. Recommendations: I recommend that if it not be moved within five days that a fine of $100.00 per day be levied until such time as the boat is moved to comply with the code.That any future violation an automatic fine of $100.00 per day be levied as a repeat violation. Witness and Complainant: ,y Karl W. Grunewald Code Enforcement Officer 2 June 4, 1998 H.G. Parkes 1120 Ocean Blvd. Atlantic Beach, Fl 32233 Dear Sir: 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 owner of the following property in the City of Atlantic Beach, Florida: Re: 1120 Ocean Blvd. aka: Lot 2, Blk 44, Atlantic Beach Re# 170285-0000 Investigation of this property discloses that I have found and determined that you are in violation of City of Atlantic Beach Ordinance - Chapter 24, Section 163-2. Recreational vehicles (Boat FL 8608. KM) must be stored behind the front yard set back line. From your front property line, `twenty feet back would be the front yard set back line. Chapter 19, Section 19-1- Obstructing right of way. You are hereby notified that unless the conditions described are remedied within ten (10) days from the date of your receipt hereof this case will turned over to the Code Enforcement Board. Under Florida 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. Sincerely&4 7- , ar W. Grunewald Code Enforcement Officer Ow lz ; I-o'e�f KWG/gah % 9 cc: Public Safety Director cec: 7488 HAND DELIVERED Code Enforcement Administrative Charges for Presentation to the Board Pursuant to Fl S. S. 162 . 07 (2) the following charges for prosecuting this case before the code enforcement shall be charged to each violator provided they be found in violation. Such costs may be included in a lien authorized under s. 162.09 (3) if not paid within 30 days. Case Number 7488, H.G. Parks, 1120 Ocean Blvd. Code Enforcement Officer, $ 14.43 per hour x 1 hours = $ 14.43 Prosecuting Attorney, $ 100.00 per hour x .5 hours = $ 5 0. 00 Code Enforcement Secretary , $ 9.83 per hour x 1 hour = $9.83 Postage, Cert. Mail, $ 2.52 x 2 = $ 5.04 Total Charges $ 14.43 $ 50.00 $ 9.83 $ 5.04 $ 79.30 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 98-7488 Petitioner, ) VS. ) SUBPOENA H. G. PARKS Respondent. ) -------------------------------- ) TO: NAME: H.G. PARKS STREET 1120 OCEAN BOULEVARD 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 8TH day of SEPTEMBER 1998 at 7:30, p. m. in reference to violation of Section(s): 24-163-2, FAILURE TO STORE BOAT BEHIND THE FRONT YARD SETBACK LINE. LOCATION OF VIOLATION: 1120 OCEAN BOULEVARD Failure to appear subjects you to penalty of law. Dated this 5TH day of AUGUST , 1998. CODE ENFORCEMENT BOARD CITYOFATLANTIC BEACH, FLORIDA BY Secretary nV.T.TVV.RFn PLEASE POLICE C THE NOTI EEN RETURN THIS p-Fr1T?TPT TO THEoFFICE. THANKYOU, CODES ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION served notification to: H. G. PARKS 1120 OCEAN BOULEVARD ATLANTIC BEACH, FL 32233 this day of / . 1998. AT �� p2� �P.M. This notification was in reference to: A NOTICE OF HEARING OF THE CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF SEPTEMBER 8, 1998 7:30 P.M. CITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Server: % Signature of Receive Dated: //5- Please return to the City Clerk's Office. Thank you. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 98-7504 August 5, 1998 Kay Kendall Unique Boutiq xuee 50 Ocean Boulevard Atlantic Beach, FL 32233 Dear Ms. Kendall: 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 8th day of September, 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 20. Sections 52 and 54 B i ' in .ss License Required 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 50 Ocean Boulevard in the City of Atlantic Beach, the following condition(s): Failure to obtain a city business license. 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: c� SECRETARY K n Rogos eske Chairman, Code Enforcement Board Q a City of Atlantic Beach v - F�OR% Code Enforcement Board Case Presentation C. B. Date: Sept.8, 1998 Case # 98- 7504 Defendant: -Kay Kendall A/K/A/ Boutique Unique Location: 50 Ocean Blvd. Lot Blk. Re # Violation - Chapter 20, Sec 52 and 54 Business License Required Owner Occupied: Rental: Homestead: yes No x 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 x tax records, a title search, Other Information regarding failure to obtain business license was obtained from the City Clerk 2. The nature of the violation is: Failure to obtain a City business license. 3. Inspection of the property was prompted as a result of a complaint x Routine Inspection _ 4. Notice of violation was issued to occupant x on April 2,1998 5. Notice was achieved by certified mail X hand delivery posting method of service meets with requirements of FI S.S.162-12. 6. 1 did not x speak with the owner x occupant of the property. 7. The latest inspection was a result of following up and routine inspection. E 8. The violation is still present X , in compliance 9. In order to achieve compliance, it is necessary to receive a City of Atlantic Beach business license. 10. 1 do Do not X 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 30 days would be sufficient time to correct the violation. Further comments: The reason that this business is not licensed is that Mrs.Kendall's location has been unable to pass the Life Safety Code and the Standard Building Code as it pertains to fire walls and protection. After review from the Fire Marshall and the Building Official it was determined that a fire separation must be installed. This opinion was reviewed and approved by -the City Attorney. To date no action has been taken to bring the location into compliance, and Kae Kendall continues to operate her business unlicensed. Recommendations: It is my recommendation that Kae Kendall be directed to discontinue the operation of Boutique Unique immediately. FI S.S. 205 prescribes that a fine of up to $250.00 may be levied against a person who is not licensed after 150 days from the initial notice ( April 2,1998), 1 recommend a $250.00 fine. Witness and Complainant: Assistant Fire, Chief Claude Mayo Building Official, Don C. Ford City Attorney, Alan Jensen Karl W. Grunewald Code Enforcement Officer 2 CITY OF A&�' Fed - �7&zeda 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904) 247-5805 SUNCOM 852-5800 April 2, 1998 Boutique Unique Kae Kendall 50 Ocean Blvd. Atlantic Beach, Fl 32233 Dear Ms. Kendall: Our'records indicate that you are the proprietor of the following business in the City of Atlantic Beach, Florida: Business Address: 50 Ocean Blvd. Business Name : Boutique Unique After investigation of this location and business it has been determined that there is no current license issued by the City of Atlantic Beach, Fl. City Ordinance Chapter 20, Section 20-52 and 20-54 require that a current license be maintained during the duration of your business. You are hereby notified that unless an occupational license is issued by the City of Atlantic Beach Within five days from the date of your receipt of this notice, you will be subpoenaed to appear before the Code Enforcement Board. Applications for licensure are available from the Atlantic Beach City Clerk. Any questions should be directed to that office a 904-247-5821. Sincerely, Karl W. Grunewald Code Enforcement Officer cc: Public Safety Director City Clerk Fire & Building Depts. Certified mail cec: 7504 Code Enforcement Administrative Charges for Presentation to the Board Pursuant to Fl S. S. 162 . 07 (2) the following charges for prosecuting this case before the code enforcement shall be charged to each violator provided they be found in violation. Such costs may be included in a lien authorized under s. 162.09 (3) if not paid within 30 days. Case Number 7504, Kae Kendall, 50 Ocean Blvd. Code Enforcement Officer, $ 14.43 per hour x 1 hours = $ 14.43 Prosecuting Attorney, $ 100.00 per hour x.5 hours = $ 50.00 Code Enforcement Secretary, $ 9.83 per hour x 2 hour = 19.66 Postage, Cert. Mail, $ 2.52 x 2 = $ 5.04 Total Charges $ 14.43 $ 50.00 $19.66 $ 5.04 $ 89.13 Additional charges may be submitted by the Fire Department and Building Department CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 98-7504 Petitioner, ) vs. ) SUBPOENA KAY KENDALL Respondent. ) -------------------------------- ) TO: NAME: KAY KENDALL STREET 50 OCEAN BOULEVARD 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 8TH day of SEPTEMBER 1998 at 7:30, p. m. in reference to violation of Section(s): 20-52 AND 54, FAILURE TO OBTAIN A CITY BUSINESS LICENSE LOCATION OF VIOLATION: 50 OCEAN BOULEVARD Failure to appear subjects you to penalty of law. Dated this STH day of AUGUST , 1998. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY 111_ /,V Secretary POLICE DEPARTMENT: AFTER THE NOTICE HAS BEEN DELIVERED PT-RA-qV- RETURN THIS rCLERK'STHANK CODES ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION I, 5. ?Z, 4G!L served notification to: KAY KENDALL UNIQUE BOTIQUE 50 OCEAN BOULEVARD ATLANTIC BEACH, FL 32233 this 17 / day of 1998 • AT �� �/p.m. This notification was in reference to: A NOTICE OF HEARING OF THE CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF SEPTEMBER 8, 1998 7:30 P.M. CITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Server: p� Signature of Receiver : \- Dated: 0-- 41- Please 1 Please return to the City Clerk's Office. Thank you. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,' FLORIDA NOTICE OF HEARING CASE NO. 98-7364 August 5, 1998 Beniamin Brown 457 Sailfish Drive Atlantic 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 8th day of September, 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,Section 12-1- 3 Weeds and Rubbish 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 457 Sailfish (RE# 171374-0000, aka Lot 1, Block•27, Royal Palms 2A ) the City of Atlantic Beach, the following condition(s): trash not placed in a container, trash and debris scattered over the yard and hicrh crass and weeds 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: ^ ,qtCRETARY en Rogcsh ske Chairman, Code Enforcement Board • o� A� Nl�c >a City of Atlantic Beach FCORID4 Code Enforcement Board Case Presentation C. B. Date: Sept.8, 1998 Case # 98- -7364 Defendant: Benjamin Brown Location: 457 Sailfish Drive Lot 1, Blk. 27, Royal Palms 2A Re # 171374 - 0000 Violation : Chapter 12, Sec 12-1-3 ( Nuisance) Owner Occupied: Rental: x 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 x_tax records, a title search, Other 2. The nature of the violation is: Trash not placed in container, left dumped over trash and debris scattered over yard , high grass and weeds. 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 March 9,1998, Certified Mail 5. Notice was achieved by certified mail x hand delivery—posting— method eliveryposting_method of service meets with requirements of FI S.S.162-12. 6. 1 did not x speak with the owner—x occupant x of the property. 7. The latest inspection was a result of following up and routine inspection. 8. The violation is still present x, in compliance 1 9. In order to achieve compliance, it is necessary to remove all outside trash, cut vegetation in yard and pick up trash and place in suitable container. 10. Ido 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 5 days would be sufficient time to correct the violation. Further comments: I have spoken to Mr. Brown after serving original notice in March. Some effort was made to clean up the property however it never did remain in any kind of condition to warrant being in compliance. The property is continuously left un attended and unkept. Recommendations: I recommend that the a time certain be set for the property to be brought into compliance, failure to comply resulting in a $100.00 per day fine. Should the property be brought into compliance and found again to be in violation that a $100.00 per day fine be automatically put into place. Witness and Complainant: Frank Sisario 352 Buoy Lane Atlantic Beach, FI 32233 Attachment: tZ. GrunewaId Code Enforcement Officer 2 March 9, 1998 Benjamin Brown 457 Sailfish Drive Atlantic Beach, Fl 32233 Dear Mr. Brown: 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 owner of the following property in the City of Atlantic Beach, Florida: Re: 457 Sailfish Drive aka: Lot 1, Blk 27, Royal Palms 2A Re : 171374-0000 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 and weeds on property and around fence. Trash, junk and debris in yard. You are hereby notified that unless the conditions above described are remedied with 5 days from the date of your receipt hereof this case will be turned over to the Code Enforcement Board. Under Florida Statues 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. since ely, Karl W. GruneavG ld Code Enforcement Officer KWG/gah cc: Public Safety Director cec: 7364 Code Enforcement Administrative Charges for Presentation to the Board Pursuant to FI S.S. 162 . 07 (2) the following charges for prosecuting this case before the code enforcement shall be charged to each violator provided they be found in violation. Such costs may be included in a lien authorized under s. 162.09 (3) if not paid within 30 days. Case Number 7364, Benjamine Brown, 457 Sailfish Drive Code Enforcement Officer, $ 14.43 per hour x 1 hours = $ 14.43 Prosecuting Attorney, $ 100.00 per hour x.5 hours = $ 50.00 Code Enforcement Secretary , $ 9.83 per hour x 1 hour = $9.83 Postage, Cert. Mail, $ 2.52 x 2 = $ 5.04 Total Charges $ 14.43 $ 50.00 $ 9.83 $ 5.04 $ 79.30 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 98-7364 Petitioner, ) VS. ) SUBPOENA BENJAMIN BROWN Respondent. -------------------------------- ) TO: NAME: BENJAMIN BROWN STREET 457 SAILFISH DRIVE 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 .8TH day of SEPTEMBER 1998 at 7:30. p, M. in reference to violation of Section(s): 12-1-3, TRASH NOT PLACED IN A CONTAINER, TRASH AND DEBRIS SCATTERED IN THE YARD AND HIGH GRASS AND WEEDS. LOCATION OF VIOLATION: 457 SAILFISH DRIVE Failure to appear subjects you to penalty of law. Dated this 5TH day of AUGUST , 1998. CODE ENFORCEMENT BOARD CITY OF ATLANT-IC BEACH, FLORIDA L/ BY �1Lt�t n� / /! Secretary PbLICE DEPARTMENT: AFTER THE NOTICE HAS BEEN DELIVER . Rn PT.VAqV RETURN THIS RIECRIPT TO THE CITY CLERK'S OFFICE, THANK YOU, CODES ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION served notification to: BENJAMIN BROWN 457 SAILFISH DRIVE ATLANTIC BEACH, FL 32233 this !�/— day of 14 y � , 1998. AT //'/O 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 SEPTEMBER 8, 1998 7:30 P.M. CITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Server: Signature of Receiver:` Dated: - �,, tea/ .v/ er--_ �a row Please return to the City Clerk's Office. Thank you. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 98-7735 August 5, 1998 Billy Dawson Dawson Trucking 310 Mealy Street Atlantic Beach, FL 32233 The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statut6s 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 8th day of September, 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,Section 12-1- 7 Open Storage 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 310 Mealy Street (RE## 172374-0130, aka Lots 6 and 9, Mayport Industrial Park) the City of Atlantic Beach, the following condition(s): Abandoned, inoperable vehicles and miscellaneous junk and trash 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: 'CRETARY Ken -RogoVjfi0bk6 Chairman, Code Enforcement Board o� PZIANT�c City of Atlantic Beach v-= FcOR►o� Code Enforcement Board Case Presentation C. B. Date: Sept.B, 1998 Case # 98- -7735 Defendant: Billy Dawson A/K/A Dawson Trucking Location: 310 Mealy Street Lot 6,9 Mayport Industrial Park Re # 172374-0130 Violation : Chapter 12, Sec 12-1-7 ( Outside Storage) Owner Occupied: _x Rental: Homestead: yes No_ Code Enforcement Board Members: III 2. 3. 4. 5. 6. 7. 8. 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 x_tax records, a title search, Other The nature of the violation is: Abandoned inoperable vehicles ,miscellaneous junk and trash Inspection of the property was prompted as a result of a complaint x Routine Inspection x Notice of violation was issued to owner x on June 29,1998, Certified Mail Notice was achieved by certified mail x hand delivery posting_ method of service meets with requirements of FI S.S.162-12. I did not _speak with the owner x occupant x of the property. The latest inspection was a result of following up and routine inspection. The violation is still present x, in compliance 1 9. In order to achieve compliance, it is necessary to remove all outside trash, cut vegetation in yard remove abandoned vehicles and discarded equipement. 10. Ido 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 5 days would be sufficient time to correct the violation. Further comments: I have spoken to Mr. Dawson and conducted an on site inspection with him at which time we agreed to what items of trash would be removed as well as vehicles. Recommendations: I recommend that the a time certain be set for the property to be brought into compliance, failure to comply resulting in a $100.00 per day fine. Should the property be brought into compliance and found again to be in violation that a $100.00 per day fine be automatically put into place. Witness and Complainant: Attachment: Karl W. Grunewald Code Enforcement Officer 2 June 29, 1998 Dawson Trucking 310 Mealy Drive Atlantic Beach, Fl 32233 Dear Sir: 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904) 247-5805 SUNCO'I 852-5800 Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: . r Re: 310 Mealy Drive Investigation of this property discloses that I have found and determined that you are in violation of City of Atlantic Beach Ordinance Chapter 12, Section 12-1-7. Junk cars, truck parts, unregistered vehicles & discarded construction equipment stored on property. Please comply with ordinance within 10 days of this notice. You are hereby notified that unless the conditions described are remedied within ten (10) days from the date of your receipt hereof this case will turned over to the Code Enforcement Board. Under Florida 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. Sincerely, Karl W. Grunewald Code Enforcement Officer KWG/gah cc: Public Safety Director cec: 7735 Code Enforcement Administrative Charges for Presentation to the Board Pursuant to Fl S.S. 162 . 07 (2) the following charges for prosecuting this case before the code enforcement shall be charged to each violator provided they be found in violation. Such costs may be included in a lien authorized under s. 162.09 (3) if not paid within 30 days. Case Number 7735, Billy Dawson, 310 Mealy Street. A/K/A/ Dawson Trucking Code Enforcement Officer, $ 14.43 per hour x 1 hours = $ 14.43 Prosecuting Attorney, $ 100.00 per hour x.5 hours = $ 50.00 Code Enforcement Secretary , $ 9.83 per hour x 1 hour = $9.83 Postage, Cert. Mail, $ 2.52 x 2 = $ 5.04 Total Charges $ 14.43 $ 50.00 $ 9.83 $ 5.04 $ 79.30 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 98-7735 Petitioner, ) VS. ) SUBPOENA BILL DAWSON Respondent. =i -------------------------------- ) TO: NAME: STREET CITY STATE GREETINGS: BILL DAWSON DAWSON TRUCKING 310 MEALY STREET ATLANTIC BEACH, FL 32233 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 STH day of SEPTEMBER 1998 at 7:30. p. M. in reference to violation of Section(s): 12-1-7, INOPERABLE VEHICLES AND MISCELLANEOUS JUNK AND TRASH LOCATED ON THE PROPERTY. LOCATION OF VIOLATION: 310 MEALY STREET Failure to appear subjects you to penalty of law. Dated this. STH day of AUGUST , 1998. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA Secretary AS BEEN nIRLTVERED PLEASE . • THE • r RETURN THIS RECEIPT TO THE CTTY CLERK'S .. T?VTC-'IR- THANK YOU. CODES ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION BILLY DAWSON DAWSON TRUCKING 310 MEALY STREET ATLANTIC BEACH, FL 32233 served notification to: this /3 day of 1998. AT G ' q 7 A.M./C�) This notification was in reference to: A NOTICE OF HEARING OF THE CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF SEPTEMBER 8, 1998 7:30 P.M. CITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Server: Signature of Receiver Dated: �Sk L(r I't f Ap if 004 Please return to the City Clerk's Office. Thank you.