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10-08-98 CEB Meeting Agenda PacketCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES SPECIAL CALLED MEETING OCTOBER 8, 1998 Call to order: PRESENT: Ken Rogosheske, Chairman James Pelkey Lou Etta Waters Tami Deitchman Curtis Sanders AND: Alan Jensen, City Attorney Karl Grunewald, Code Enforcement Officer Julie M. Brandt, Secretary ABSENT: Suzanne Green, Prosecuting Attorney Robert Etheridge Richard Mann 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. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda. None. 2. UNFINISHED BUSINESS: Case No. 98-7518 - Kae Kendall, 50 Ocean Boulevard. Code Enforcement Officer Grunewald reported the revised administrative charges for the case were $295.85 and reported Mrs. Kendall, as of this date had not submitted any plants to the Building Department for installation of the fire wall separating her business from the Adessa Beauty Shop. After a brief discussion, a motion was made by Board Member Sanders, seconded by Board Member Pelkey and unanimously carried to assess administrative charges for the case in the amount of $295.85. 3. NEW BUSINESS: Case No. 98-7880 - Richard O'Brien, 330 Sargo Road. Mr. O'Brien, owner of the property, is in violation of the following section(s): Chapter 6, Section 120, Standard Housing Code Section 103-2 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): Building and property are unsafe for human habitation. The property is a health and safety hazard to the surrounding neighborhood. The yard is strewn with trash, the swimming pool has collapsed and is full of debris, and an illegal structure has been built on the property (shed). The interior of the home is filled with discarded furniture, clothing, bedding and unhealthy kitchen generated garbage all of which need to be removed from the premises. Chairman Rogosheske stated since neither Mr. O'Brien nor his represerntative were present, he would waive reading the case procedures. He then swore in Code Enforcement Official Grunewald. Code Enforcement Official Grunewald stated the property had been abandoned by the owner and posed a health and safety problem for the surrounding neighbors. Code Enforcement Official Grunewald provided a chronology of notices sent to the owner and reported that all notices concerning the violations on said property had been sent certified mail and returned as undeliverable. He stated the property was then posted and a notice posted at city hall. Photographs were distributed showing the violations and Code Enforcement Official Grunewald made his recommendation. After a brief discussion concerning the condition of the property, a motion was made by Chairman Rogosheske, seconded by Board Member Sanders and unanimously carried to find Richard O'Brien, owner of the property, in violation of Chapter 6 Section 120, Standard Housing Code Section 103-2. A motion was made by Board Member Deitchman, seconded by Board Member Pelkey and unanimously carried to assess Mr. O'Brien administrative costs of $99.02. A motion was then made by Chairman Rogosheske, seconded by Board Member Sanders and unanimously carried to direct Code Enforcement Official Grunewald to notify the City of the violation and take necessary action to correct the following: (1) clean out all items of trash strewn about the yard, (2) clean out collapsed swimming pool full of debris, (3) demolish the illegal storage shed either by utilizing city personnel or by hiring an outside firm, and (4) clean out the interior of the home to remove discarded furniture, clothing, bedding and unhealthy kitchen generated garbage and re -secure the building. The Board also found that since it appears that Mr. O'Brien has abandoned the property, all costs associated with the clean up of the property will result in a lien against said property which will be recorded in the Circuit Court of Duval County. 4. DISCUSSION AND RELATED ACTION RELATIVE TO BOARD MEMBER SANDERS' REQUEST TO ADD TWO (2) ALTERNATES TO THE MEMBERSHIP OF THE CODED ENFORCEMENT BOARD. Chairman Rogosheske stated that he had weighed the pros and cons of Board Member Sander's request and felt the two alternates were unnecessary. A brief discussion ensued and the other Board Members agreed with Chairman Rogosheske. It was pointed out that since 1992 there had never been a problem with having a quorum at a meeting. Chairman Rogosheske then requested City Attorney Jensen's opinion on the use of alternates. He suggested using citizens who have previously served on the Code Enforcment Board because they would be familiar with the procedures and would not have to attend all of the meetings. He also suggested that the ordinance be amended to provide for alternates, but that no appointments be made at this time. He pointed out that changing the ordinance now would expedite matters in the future should the need arise for alternates. A motion was made by Board Member Sanders, seconded by Board Member Pelkey and unanimously carried requesting that the ordinance be placed on the agenda of a future Commission Meeting and approved by the Commission. It was the consensus of the Board that no request for appointments be made at this time. 5. BOARD MEMBER COMMENTS: 6. ADJOURNMENT There being no further discussion or business to come before the Board, the meeting adjourned at 8:10 P.M. Ken Rogosheske, Chairman Code Enforcement Board Attest: Julie M. Brandt, Secretary CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 98-7880 September 25, 1998 Richard O'Brien 330 Sargo Road Atlantic Beach, FL 32233 Dear Mr_.- _0' 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 THURSDAY, the 8th day of October, 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 6, Section 120, Standard Housing Code 103-2 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 330 Sargo Road (RE##171684-0000, aka Lot 16, Block 24, Royal Palms 2A) in the City of Atlantic Beach, the following condition(s): Building and property are unsafe for human habitation The property is a health and safety hazard to the surrounding neighborhood The yard is strewn with trash and the swimming pool has collapsed and is full of debris and an illegal structure has been built on the property (shed) The interior of the home is filled with discarded furniture clothing, bedding and unhealthy kitchen generated garbage all of which need to be removed from the -remises. • 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. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing. 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 Page -2- Notice of Hearing September 25, 1998 should be secured at your expense. Sincerely, ATTEST: SECRETARY Ken Rogos ske Chairman, Code Enforcement Board CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 98-7880 Petitioner, ) VS. ) SUBPOENA RICHARD O'BRIEN Respondent. ) -------------------------------- ) TO: NAME: RICHARD O'BRIEN STREET 330 SARGO ROAD CITY ATLANTIC BEACH, STATE FL 32233 GREETINGS: YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board of the City of Atlantic Beach, Florida at City Hall, 800 Seminole Road, Atlantic Beach, Florida on Thursday, ay, the STH day of OCTOBER 1998 at 2:30--n• m. in reference to violation of Section(s): CHAPTER 6, SECTION 120 AND STANDARD HOUSING CODE 103-2 THE BUILDING AND PROPERTY ARE UNSAFE FOR HUMAN HABITATION. LOCATION OF VIOLATION: 330 SARGO ROAD Failure to appear subjects you to penalty of law. Dated this 25TH day of SEPTEMBER , 1998. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY WJJJ� �� Secretary Q City of Atlantic Beach �tOR►Dp Code Enforcement Board Case Presentation C. B. Date: October 8, 1998 Case # 98- -7880 Defendant: Richard O'Brien Location: 330 Sargo Road Lot 16, Blk 24, Royal Palms 2A Re # 171684-0000 OR Book 5677-894 Violation : Chapter 6, Sec 120, Standard Housing Code Section 103-2 Owner Occupied: _x Rental: Homestead: yes 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: Building and property unsafe for human habitation. 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 September 17,1998, Certified Mail 5. Notice was'achieved by certified mail x hand deliveryposting x 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. 8. The violation is still present x, in compliance 11 9. In order to achieve compliance, it is necessary to remove all outside trash, clean out the collapsed swimming pool, remove the illegal structure (shed)secure the main building and remove all of the discarded clothing, furniture, bedding and unhealthy discarded items in the kitchen area. 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 five days would be sufficient time to correct the violation. Further comments: This property as described above is a health and safety hazard to the surrounding neighborhood. It has become a hangout for teenagers and vagrants. The structure was posted as condemned on September 16,1998, Notice of this action was also posted at the entrance to Atlantic Beach City Hall as per Section 162-12 (b) 1. Recommendations: I request that as provided for in F.S.S. Chapter 162, Section 162.09 (1) that the board notifies the City of the violation and its findings and request that the City take all necessary action to correct the violation including the demolition of the illegal structure. That the violator is charged with all reasonable costs to correct the violation. Failure to pay such costs within thirty days of notice result in a lien against the property and recorded in the Circuit Court of Duval County. Witness and Complainant: Attachment: Karl W. Grunewald Code Enforcement Officer E 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 Board 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 7880, Richard O'Brien, 330 Sargo Rd. Code Enforcement Officer, $ 14.43 per hour x 1.5 hours = $ 21.65 Prosecuting Attorney, $ 125.00 per hour x.5 hours = $ 62.50 Code Enforcement Secretary, $ 9.83 per hour x 1 hours = $ 9.83 Postage, Cert. Mail, $ 2.52 x 2 = $ 5.04 Karl W. Grunewald Code Enforcement Officer $ 21.65 $ 62.50. $ 9.83 $ 5.04 Total Charges $ 99.02 September 17, 1998 Mr. Richard O'Brien 330 Sargo Road Atlantic Beach, Fl 32233 Dear Mr. O'Brien: 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 330 Sargo Road aka Lot 16, Blk 24, RP/2A Re# : 171684-0000 The building on the above property has been declared unsafe by the Building Official & Code Enforcement officer of the City of Atlantic Beach. The following is a list of conditions determined to have rendered the building unsafe under the provisions of the Standard Housing Code, Section 103-2. Standard Housing Code Chapter 3, Section 302 - Minimum Standards for Basic Equipment & Facilities. Chapter 3, Section 303 - Minimum Requirements for Light & Ventilation. Chapter 3, Section 304 - Minimum Requirements for Electrical Systems. Chapter 3, Section 305 - General Requirements for the Exterior & Interior of Structures. Chapter 3, Section 307 - Sanitation Requirements. Under Chapter 3, Section 309.4 of the Standard Housing Code (vacating of condemned buildings) you are hereby notified that the building is unfit for human habitation and must be vacated within thirty (30) days from the date of receipt of this notice. This structure has been placarded as unfit for human habitation and condemned on September 16, 1998. You are hereby notified that your failure to correct the existing violations and remove the accessory structure in the rear yard within 15 days will result in this matter being brought before 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. Section 162.06 (4) notification and request for Code Enforcement Board hearing. Section 162.09 power of the Code Enforcement Board to order local governing body to correct violation. Sincerely, Karl W. Grunewald Code Enforcement Officer KWG/gah cc: Public Safety Director Certified Mail - Return Receipt NOTICE TO ABATE POSTED ON SEPTEMBER 17, 1998 cec: 7880 • January 13, 1994 Mr. Richard A. Obrien 330 Sargo Road Atlantic Beach, FL 32233 Dear Mr. Obrien: Gr 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904) 247-5805 Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: 330 Sargo Road a/k/a Lot 16, Block 24, Royal Palms Unit 2A RE#171684-0000-6 Investigation of this property discloses that I have found and determined that a public nuisance exists thereon so as to constitute a violation of City of Atlantic Beach Ordinances Section 24-65 - No permit on file for construction of shed. You are hereby notified that unless the condition above described is remedied within five (5) days from the date of your receipt hereof, this case will be turned over to the Code Enforcement Board. Under Florida Statute 162.09, the Code Enforcement Board may impose fines of up to $250.00 per day for a first violation and $500.00 per day for a repeat violation. Sincerely,/y� Karl W. Grunewald Code Enforcement Officer KWG/pah cc: City Manager CERTIFIED MAIL RETURN RECEIPT REQUESTED PSR -3844 /q 7826 DEPARTMENT OF BUILDING - CITY OF ATLANTIC BEACH .-----:. PERMIT INFORMATION ------ -------- LOCATION INFORMATION --------- ;i -_ r pit -Numbe . ,8,26 Address.. 330 SARGO ROAD Per.mi t ` ype: BUi1,r1NG ATLANTIC BEACH, FLORIDA 321233 Nas'S. of Work: SIIED --------- LEGAL DESCRIPTION ---------- C?:iisl: r . Type : W, 3D FRAME L^t ; Block., Section: I;'.: orosed t?se ', SHED T6 wnshir : RNG : 0 "trei I i nciE-,, i cc1e- n Sub,l;-isio=n: ROYAL PALM ,stimated Value: $20QO,nn Total Fees 3,, 0n -5,^.:•?- ;\ �., °1+ ^A TWIT• AA V� c TT�Tr CttT It T t!r?itL n'!, 7 �! T T,�1r r.7 %i'•r1TJ4:T`•''=P TR 3.5 C, O! - - C?[INER TNFORMATI^N------- - - „ :;-__- APPLICATION FEES ----- .a�re . 5'1iRD �!'RF11 PERMIT 530.0t ,_ r i, �r • ,� �, c ,; -;r 1 _. � r.. � _•.rC• SARGO _ 01P1 I',, x T j ,. SFE 0 nn 4?nTER , _YIPPICT : _� � �Tt=� ITT, ; EE7\C�sI . T L^R?I r 21!.s SEOEI? .IMP�i� „I, FEF WATER 'METER' TAP D:?'d tAS -13 . R . S . SO . G`? CONTRACTOR INFORMATION ----- F:rDON CAB 54 50.00 Natr:y • , r-•RC,PI-.RTY r'I<?NFR APITAL IMPROVE. "'0'00 �.lre. .: _.. _ EWER TAPS: CT nn HYDRA11LI SHARE Tvne, 1 - - CROSS CONNECTIONe 01_ 00 !MPP CT FEE r�-,r3�.T S�fR�'H=nRGE' fill nr, NOTES: NOTICE - ALL CONCRETE FORMS AND FOOTINGS MUST BE INSPECTED BEFORE POURING PERMIT VOID SIX MONTHS AFTER DATE OF ISSUE 3UILDING MATERIAL, RUBBISH AND DEBRIS FROM THIS WORK MUST NOT BE PLACED IN PUBLIC SPACE, AND MUST BE LEARED UP AND HAULED AWAY BY EITHER CONTRACTOR OR OWNER 'AILURE TO COMPLY WITH THE MECHANICS' LIEN LAW CAN RESULT IN lE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENTS." ED ACCORDING TO APPROVED PLANS WHICH ARE PART OF THIS PERMIT AND SUBJECT TO REVOCATION FOR 4TION OF•APPLICABLEPROVISIONS OF LAW. 'IC BEACH BUILDING DEPARTMENT rator: CRYSTAL Mete!tel /0,/94 00 Receipt: Opp3 / i• �� Payment ffi30: � CITY OF ATLANTIC BEACH, FLORIDA WO- 8083 FROM:. TOWORK ORDER Date : tiga te Department ,> Invesfollowing complaint of-G�a.m. _ and correct if it can be done within routine work otherwise p m erwise advise cost: Address NATURE OF COMPLAINT: s',� 01, WORK ORDER :omplaint is justified COMPLETED _ o satisfy complaint will require $ Complaint was taken care of within ro tine work EMARKS: Materials, $ Labor, $ _ White - Department Yellow - Department Supt. Pink - Personnel SEE l Vt•ir �.. _ Equipment ACTION TAKEN: STANDARD HOUSING CODE VIOLATIONS, NOTICED UNFIT FOR HUMAN HABITATION, UNSAFE AND UNHEALTHY, VAGRANTS CERT LETTER TO OWNER 9-16-98 VIDEO OF PROPERTY TAKEN 9-16-98 COMPLIANCE: WORK ORDER # 8083 TOK PW TO SECURE PREMISES PRIOR TO CODE ENFORCEMENT BOARD ACTION. 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