11-10-98 CEB Meeting Agenda PacketCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD AGENDA
7:30 P.M., NOVEMBER 10, 1998
Call to order
Pledge of Allegiance to the Flag
Roll Call
1. Approval of the Minutes of the Regular Meeting held September 8, 1998 and the Special
Called Meeting of October 8, 1998.
2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda
3. OLD BUSINESS:
Case No. 98-7518 - James Baker, 598 Seaspray Avenue. Mr. Baker has not paid
administrative fees of $110.68.
Case No. 98-7271 - Calvin C. Grant, 826 Amberjack. Mr. Cockrell, the tenant at said
address, has not paid administrative fees of $79.30.
Case No. 98-7737 - Benny Ossi, 205 Edgar Street. (Jeff Klotz). Mr. Klotz paid the $2,500.00
fine.
Case No. 98-7488 - H.G. Parks, 1120 Ocean Blvd. Mr. Parks has not paid administrative fees
of $79.30.
Case No. 98-7518 - Kae Kendall, 50 Ocean Blvd. Mrs. Kendall paid the administrative fees of
$295.85.
Case No. 98-7364 - Benjamin Brown, 457 Sailfish Drive. Mr. Brown paid the administrative
fees of $79.30.
Case No. 98-7735 - Billy Dawson, 310 Mealy Street. Mr. Dawson paid the administrative fees
of $79.30.
Case No. 98-7780, 330 Sargo Road. Mr. O'Brien has not paid administrative fees of $99.02.
Page -2-
Code Enforcement Agenda
November 10, 1998
4. NEW BUSINESS:
Case No. 98-7872 - James Spears, 471 Aquatic Drive. The owner of the property is in
violation of Chapter 24, Section 24-163-2 of the Code of the City of Atlantic Beach in that there
exists on the premises located at 471 Aquatic Drive the following condition(s): Storage of a
travel trailer in front of the front yard setback line.
Case No. 98-7889 - Arlene S. Johnson, 478 West 9th Street. The owner of the property is in
violation of Chapter 12, Section(s) 12-1-7 and 12-1-2 of the Code of the City of Atlantic Beach
in that there exists on the premises located at 478 West 9th Street the following condition(s):
Outside storage of an inoperable vehicle and overgrown weeds and vegetation in yard.
Case No. 98-7799 - Kirt Lynch, 1860 Mayport Road. The owner of the property is in violation
of Chapter 20, Section(s) 20-52 and 20-54 of the Code of the City of Atlantic Beach in that there
exists on the premises located at 1860 Mayport Road the following condition(s):' Failure to
obtain a City of Atlantic Beach occupational license for the retail sales of automobiles.
5. REQUEST FOR LIEN ACTION:
Name Address Amount of Lien
None.
6. BOARD MEMBER COMMENTS:
8. ADJOURNMENT
Call to order:
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
SEPTEMBER 8,1998
PRESENT: Ken Rogosheske, Chairman
James Pelkey
Tami Deitchman
Richard Mann
Curtis Sanders
AND: Suzanne Green, Prosecuting Attorney
Alan Jensen, City Attorney
Karl Grunewald, Code Enforcement Officer
Don Ford, Building Official
Claude Mayo, Acting Fire Chief
Julie M. Brandt, Secretary
ABSENT: Robert Etheridge
Lou Etta Waters
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 May 5, 1998.
The minutes of the Regular Code Enforcement Board Meeting of May 5, 1998 were
unanimously approved as corrected.
2. Recognition of Visitors and Guests regarding any matters that are not listed on the
agenda.
There were none.
3. UNFINISHED BUSINESS:
Code Enforcement Official Karl Grunewald presented 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.
It was reported that during the May 5, 1998 Code Enforcement Board Meeting, the Board fined
Minutes Page -2-
Code Enforcement Board
September 8, 1998
Mr. Smith $1.00, ordered him to pay a previous fine of $250.00 and administrative costs in the
amount of $93.73, and that Mr. Smith 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.
It was reported that 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. It was further reported that Mr. Stewart had not
paid the administrative fees and an in-house lien has been placed against the property for a
previous $100.00 fine plus the $79.30 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.
It was reported that the property had been brought into compliance and the $93.73 administrative
costs paid.
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 the property had been brought into compliance
except for one tire lodged under the fence and the administrative costs of $93.73 remained
unpaid.
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.
Minutes Page -3-
Code Enforcement Board
September 8, 1998
It was reported that Mr. Butler brought the property into compliance and the $100.95
administrative costs assessed by the Board remain unpaid.
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.
Code Enforcement Official Grunewald reported the property had been brought into compliance
and the $86.52 in administrative costs 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 and the $93.73 in administrative costs paid.
4. NEW BUSINESS:
Chairman Rogosheske read the case procedures to be followed and all witnesses were sworn in.
Case No. 98-7518 was taken out of sequence and heard first. After reading the case procedures,
Dennis Hayes, Attorney representing Kae Kendall, invoked the rule of excluding witnesses from
the hearing room and asked that Building Official Ford and Acting Chief Mayo not be present
when the other was giving testimony.
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.
Code Enforcement Official Grunewald read the charges and explained that Mrs. Kendall had
been operating the business for 150 days (from the date of the initial notice) without a City of
Atlantic Beach Occupational License. Code Enforcement Official Grunewald further explained
that Mrs. Kendall's business, Boutique Unique, was not licensed because it had been unable to
pass the Life Safety Code and Standard Building Code requirements pertaining to fire walls and
Minutes Page -4-
Code Enforcement Board
September 8, 1998
protection. It was pointed out that to date, no action had been taken to bring the location into
compliance by installing the required fire wall.
Attorney Dennis Hayes made his opening statement which referenced items in his letter dated
August 6, 1998, to City Attorney Alan Jensen, which is attached and made part of this official
record as Attachment A indicating that no change in occupancy of the building had occurred.
Attorney Hayes pointed out that Building Official Ford had approved the plans for the building
modifications at Adessa, however, the modifications failed the minimum fire separation
inspection after considerable money and time had been spent.
Prosecuting Attorney Green called Don Ford who gave testimony as to the requirements of the
Southern Standard Building Code with regard to a strip center with mercantile occupancy.
Acting Fire Chief Mayor left the room at this time.
In explaining the differences between the Building and Life Safety Codes, Building Official Ford
pointed out that the Fire Marshall can require adherence to the more stringent life/safety code
requirements. A letter dated December 16, 1997 from City Manager Jarboe was introduced
concerning the fire wall and occupational license requirements. The letter is attached and made
part of this official record as Attachment B.
At this point in the meeting, Attorney Hayes introduced six exhibits en mass, which are attached
and made part of this official record as Attachment C. After the introduction of the exhibits,
much discussion ensued concerning the possible confusion between the building and fire
department requirements for the separation wall. Minimum access requirements for the
handicapped were also discussed, as referenced in Attachment A.
Considerable discussion ensued and Acting Fire Chief Mayo was asked to explain his inspection
of 50 Ocean Boulevard. Building Official Ford left the room, and Acting Fire Chief Mayo
explained the inspection of the building and requirement for the one hour separation wall.
Much discussion ensued concerning the need for the fire wall and if a change in occupancy had
occurred when Boutique Unique moved into the building. Mrs. Kendall testified that she had
met all requirements of the building department and the additional Fire Department requirement
for the fire wall would cause a hardship in that three businesses would have to close down for
seven to ten days during construction of said wall. The transfer of the Occupational License to
50 Ocean Boulevard was also discussed and it was determined that the business did not have a
valid license at 50 Ocean Boulevard.
Code Enforcement Official Grunewald stated he wished to recalculate the administrative fees for
Minutes Page -5-
Code Enforcement Board
September 8, 1998
processing the case and would present the recalculated fees at the November meeting for Board
approval.
Board Member Mann believed there should be no fine at this time and the other Board Members
concurred.
After some further discussion, a motion was made by Board Member Mann, seconded by
Board Member Deitchman and unanimously carried to find Kae Kendall, owner of
Boutique Unique, to be in violation of Sections 20-52 and 20-54 of the Code.
A motion was made by Board Member Pelkey, seconded by Board Member Sanders and
unanimously carried that Mrs. Kendall must submit plans to the City of Atlantic Beach
Building Department for installation of a fire wall separating her business from Adessa
Beauty Shop that meet the Life Safety Code and Standard Building Code by December 1,
1998. Installation of the fire wall must be completed by February 28, 1999 or forty-five
days from the date the plan is approved by the city, which ever is later. If the property is
not brought into compliance by the required date, a $100.00 per day fine will be imposed
against said property from the day the property is cited until compliance is reached to the
satisfaction of the Code Enforcement Official. Mrs. Kendall will be assessed
administrative fees as calculated and presented by the Code Enforcement Official at the
Board's November 1998 Meeting.
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.
Code Enforcement Official Grunewald presented his case concerning the property and distributed
photographs for review by the Board. Code Enforcement Official Grunewald explained that he
could not see in the back yard of the property and did not know its condition. It was explained
that the property was cited for similar violations in 1997 and at one time James Baker had
allowed him on the premises for inspection.
Marvin Baker, representing his brother James, stated that he had cleaned up the front yard and
had cut the grass and weeds. When asked how long he had lived at the address, Mr. Marvin
Baker stated he had lived there for a year.
Minutes Page -6-
Code Enforcement Board
September 8, 1998
Al Monte of 596 Seaspray, who lives adjacent to the property, appeared before the Board and
stated there was a junk car, dilapidated swimming pool and other items of junk too numerous to
mention, stored in the rear yard of the property, which he believed to be a health and safety
hazard and detrimental to the value of his property.
After a brief discussion of a proposed fine, a motion was made by Chairman Rogosheske,
seconded by Board Member Pelkey and unanimously carried to find Marvin Baker,
representing his brother James Baker, owner of the property, to be a repeat violator in
violation of Sections 12-1-3, 12-1-7 and 24-163-2 of the Code.
A motion was made by Chairman Rogosheske, seconded by Board Member Pelkey and
carried by a four to one vote with Board Member Mann voting nay, to assess a one time
fine of $250.00 against said property, and if the property is found to be in non-compliance
again, a $100.00 per day fine will be imposed against said property from the day the
property is cited until compliance is reached to the satisfaction of the Code Enforcement
Official.
A motion was made by Board Member Sanders, seconded by Board Member Pelkey and
carried by a four to one vote with Board Member Mann voting nay, to assess Mr. Baker
$110.68 administrative costs.
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.
A letter from Gene Cockrell, tenant at 826 Amberjack Lane, who was not present, was read
stating that the boat had been sold and removed from the property.
There was no discussion, and a motion was made by Board Member Mann, seconded by
Board Member Deitchman and unanimously carried to find Gene Cockrell, tenant at 826
Amberjack Lane, in violation of Section 163-2 of the Code and since the property was
brought into compliance, not to fine Mr. Cockrell but to assess him $79.30 administrative
fees.
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
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.
Minutes Page -7-
Code Enforcement Board
September 8, 1998
Code Enforcement Official Grunewald gave a brief history of the property and stated that in
1994 the Board found Mr. Ossi in violation of Section 12-1-7 and at that time found that if the
property into violation again, he would be fined $100.00 per day from the day the property was
cited and continuing each day until the property was brought into compliance. Code
Enforcement Official Grunewald further reported that the property was found to be in violation
again on July 20, 1998 and continued to be in violation for twenty-five days resulting in a fine of
$2,500.00. In the interim Mr. Ossi sold the property to Jeff Klotz who was aware of the fine
against the property. Code Enforcement Officer Grunewald reported that Mr. Klotz has since
cleaned up the property and it was now in compliance.
Mr. Jack Klotz, representing his son, Jeff Klotz, requested that the fine of $2,500.00 be waived.
Code Enforcement Official Grunewald recommended payment of the $2,500.00 fine and
administrative fees of $93.73.
After a brief discussion, a motion was made by Board Member Pelkey, seconded by Board
Member Deitchman and unanimously carried that the $2,500.00 fine arising from a
previous Board Order of November 3, 1994 ($100.00 per day fine for each day the property
is found to be in non-compliance x 25 days of non-compliance) stood and that the new
owner of the property, Jeff Klotz, would pay said fine within thirty days. If not paid
within thirty days, the fine will become a lien placed against said property.
A motion was made by Board Member Sanders, seconded by Board Member Mann and
unanimously carried to waive the administrative fee of $93.73.
Mr. Klotz stated that he understood the Board's findings.
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 24, 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.
Code Enforcement Official Grunwald distributed photographs of the boat in violation of the
ordinance and stated that this was an on-going problem. He further stated that the property was
now in compliance and recommended that if the property is found to be in violation again, that a
$100.00 per day fine be levied as a repeat violator.
Chairman Rogosheske asked Mr. Parks if he admitted to or denied the allegations brought against
him, and Mr. Parks admitted to being in violation of Chapter 24, Section 163-2.
Minutes Page -8-
Code Enforcement Board
September 8, 1998
After a brief discussion, a motion was made by Board Member Pelkey, seconded by Board
Member Sanders and unanimously carried to find Mr. Parks in violation of Section 163-2
and not to fine him at this time. If said property should be found in non-compliance again,
a $100.00 per day fine would be imposed from the day the property is cited until
compliance is reached to the satisfaction of the Code Enforcement Official.
A motion was made by Board Member Pelkey, seconded by Board Member Mann and
unanimously carried to assess Mr. Parks $79.30 administrative fees.
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.
Code Enforcement Official Grunwald presented his case and reported that the property was now
in compliance.
Mr. Brown stated that his ex-wife lived at 457 Sailfish Drive and had moved out of the house.
A motion was made by Chairman Rogosheske, seconded by Board Member Pelkey and
unanimously carried to find Benjamin Brown, owner of said property, to be in violation of
Section 12-1-3 of the Code, not to fine Mr. Brown at this time because the property was
brought into compliance, and to impose a $100.00 per day fine against said property if the
property is found to be in non-compliance again, from the day the property is cited until
compliance is reached to the satisfaction of the Code Enforcement Official.
A motion was made by Chairman Rogosheske, seconded by Board Member Pelkey and
unanimously carried to assess Mr. Brown $79.30 administrative fees.
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.
Code Enforcement Official Grunewald presented his statement and distributed photographs of
the property cited.
Mr. Dawson stated he needed the vehicles for parts. Code Enforcement Official Grunewald
Minutes Page -9-
Code Enforcement Board
September 8, 1998
explained the correct way to store the items to meet code and stated the property was now in
compliance and all parts were properly stored.
A motion was made by Board Member Deitchman, seconded by Board Member Pelkey
and unanimously carried to find Mr. Dawson in violation of Section 12-1-7, and since the
property was brought into compliance not to fine Mr. Dawson, (2) If the property is found
to be in non-compliance again, $100.00 per day fine will be imposed against said property
from the day the property is cited until compliance is reached to the satisfaction of the
Code Enforcement Official, and (3) To assess Mr. Dawson $79.30 administrative fees.
5. REQUEST FOR LIEN ACTION:
Name Address
*A. Jeff Klotz
205 Edgar Street
This item was heard earlier under Case No. 98-7737.
6. BOARD MEMBER COMMENTS:
None.
8. ADJOURNMENT
Amount of Lien
$2,593.73
There being no further discussion or business to come before the Board, the meeting adjourned at
10:40 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. 98-7872
October 16, 1998
James Spears
471 Aquatic Drive
Atlantic Beach, FL 32233
Dear Mr. Spears:
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 10th
day of November, 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 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 471 Aquatic Drive
RE#171818-5302, aka Lot 24E, Aquatic Gardens) in the City of
Atlantic Beach, the following condition(s): Storage of a travel
trailer in front of front yard setback line.
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
should be secured at your expense.
Sincerely,
ATTEST:
Yh� tuw&-t IA14ZI
ECRETARY Ken Roos ske
Chairman, Code Enforcement Board
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 98-7872
Petitioner, )
VS. ) SUBPOENA
JAMES SPEARS
Respondent. )
-------------------------------- )
TO: NAME JAMES SPEARS
STREET 471 AQUATIC 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
10TH day of NOVEMBER 1998 at 7:30._p. M. in reference to
violation of Section(s): Chapter 24, 24-163-2 Storage of a travel
trailer in front of front yard setback line. Location of
violation: 471 Aquatic Drive
Failure to appear subjects you to penalty of law.
Dated this 16TH day of October , 1998.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
BY4[J1��
Secretary
September 14, 1998
James Spears
471 Aquatic Drive
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: 471 Aquatic Drive
aka: Lot 24E, Aquatic Gardens
Re: 171818-5302 `.
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 24-163-2.
Fifth wheel trailed stored in front of house. Recreational vehicles are not permitted to be
stored or parked for any period of time. Your trailer has been'in front of 471 Aquatic Drive
for over one week, you repeatedly violate this ordinance. You have 48 hours to remove
trailer or this case will be given to the Code Enforcement Board. Any further violations will
automatically go to the board.
You are hereby notified that unless the conditions described are remedied within 48 hours from
the date of your receipt hereof this case will be 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 "POSTED"
cec: 7872
City of Atlantic Beach
Fc oP Code Enforcement Board Case Presentation
C. B. Date: November 10, 1998
Case # 98- -7872
Violation : Chapter 24, Sec 24-163-2
Owner Occupied: _x Rental
Code Enforcement Board Members:
1.
Defendant: James Spears
Location: 471 Aquatic Drive
A/K/A: Lot 24 E, Aquatic Gardens
Re # : 171818-5302
Homestead: yes x No
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: Storage of a travel trailer in front of front yard set
back line. ( Front of House)
3. Inspection of the property was prompted as a result of a complaint x Routine
Inspection x
4. Notice of violation was issued to owner x on October 15,1998,
5. Notice was achieved by certified mail hand delivery posting 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
1
9. In order to achieve compliance, it is necessary to remove the travel trailer from
the front of the building.
10. 1 do x Do not have photographs of the property and violations as they
exist on the property. They represent a fair and accurate representation of the
property at the time they were taken.
11. 1 would estimate that 5 days would be sufficient time to correct the violation.
Further comments: This is a repetitive violation dating back to January 1995. Mr.
Spears has stated in the past that he is only loading or unloading the trailer. However
the loading or unloading continues on for days and weeks.
Recommendations: I request that the board direct Mr. Spears to remove his travel
trailer from the property immediately. That any future violations of this ordinance be
deemed a repeat violation and a fine of as ordered by the board become affective on
the date first noticed by the code enforcement officer.
Witness:
Attachment:
7
Karl W. Grunewald
Code Enforcement Officer
K,
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. A
certified copy of an order imposing a fine may be recorded in the public records and
thereafter shall constitute a lien against the land on which the violation exists and upon any
other real or personal property owned by the violator.
October 13, 1998
Case Number 7872, James Spears, 471 Aquatic Drive
Code Enforcement Officer, $14.86 per hour x1.5 hour = $ 22.29 $ 22.29
Code Enforcement Secretary, $ 9.83 per hour x 1 hours = $ 10.12 $ 10.12
Code Enforcement Attorney, $ 125.00 per hour / .25 = $ 3 1. 25 $ 31.25
Postage, Cert. Mail, $ 2.52 x 2 = $ 5.04
Karl W. Grunwald
Code Enforcement Officer
$ 5.04
Total Charges $ 68.70
CODES ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH
RECEIPT OF NOTIFICATION
I,
JAMES SPEARS
471 AQUATIC DRIVE
ATLANTIC BEACH, FL 32233
served notification to:
this day of , 1998.
AT
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 NOVEMBER 10,
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. Thanks
06'20 i0-/;2.�i�
Off ld
/x`62 - rj-'g �y4
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
CASE NO. 98-7889
October 16, 1998
Arlene S. Johnson
478 West 9th Street
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 10th
day of November, 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 -
1-7 and 12-1-2 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 478 West
9th Street (RE##170935-0000, aka Lots 1 and 2, Block 149 Sec. H) in
the City of Atlantic Beach, the following condition(s): Outside
storage of inoperable vehicle and overgrown weeds and vegetation
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
should be secured at your expense.
Sincerely,
ATTEST:
SECRETARY Ken Rogo e e
Chairman, ode Enforcement Board
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 98-7889
)
Petitioner, )
VS. ) SUBPOENA
ARLENE S. JOHNSON
Respondent. )
-------------------------------- )
TO: NAME ARLENE S JOHNSON
STREET 478 WEST 9TH STREET
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
day of NOVEMBER1998 at 7:30, p, M. in reference to
violation of Section(s): Chapter 12,Sections 12-1-7 AND 12-1-3,
Outside storage of an inoperable motor vehicle and overgrown weeds
and vegetation. Location of violation: 478 West 9th Street
Failure to appear subjects you to penalty of law.
Dated this 16TH day of October—, 1998.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
Y4"�
Secretary
AS BEEN DELIVERED PLEASP
POLICE THE r
RETURN THIS RECEIPT TO THE CITY CLERK'S OFFICE, THANK YOU,
CODES ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH
RECEIPT OF NOTIFICATION
I, served notification to:
ARLENE S. JOHNSON
478 WEST 9TH STREET
ATLANTIC BEACH, FL 32233
Yf1�l��a���
this day of 1998.
AT 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 NOVEMBER 10,
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. Thanks
P�LANT,c
City of Atlantic Beach
FLORIDA Code Enforcement Board Case Presentation
C. B. Date: November 10, 1998 Defendant: Arlene S. Johnson
Case # 98- -7889 Location: 478 West 9th Street
A/K/A: Lots 1&2, Blk 149, Section H
Re # : 170935-0000
Violation : Chapter 12, Sec 12-1-7 and 12-1-3
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: Outside storage of inoperable vehicle , overgrown
weeds and vegetation .
3. Inspection of the property was prompted as a result of a complaint x Routine
Inspection x
4. Notice of violation was issued to owner x on October 7, 998,
5. Notice was achieved by certified mail 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
1
9. In order to achieve compliance, it is necessary to remove any inoperable
vehicles and cut all of the deliterious vegetation from the property and from on
the house.
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: The property is under foreclosure and the owner was not able to
be contacted.
Recommendations: I request that the board authorize the city to cut the property and
remove any inoperable, unidentifiable motor vehicles.
Witness and Complainant:
Attachment:
Karl W. Grunewald
Code Enforcement Officer
Pa
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. A
certified copy of an order imposing a fine may be recorded in the public records and
thereafter shall constitute a Iien against the land on which the violation exists and upon any
other real or personal property owned by the violator.
October 13, 1998
Case Number 77889, Arlene S. Johnson , 478 West 9t' Street
Code Enforcement Officer, $14.43 per hour x1 hour = $ 14.86
Code Enforcement Secretary, $ 9.83 per hour x 1 hours = $ 10.12
Code Enforcement Attorney, $ 125.00 per hour /.25 =$31.25
Postage, Cert. Mail, $ 2.52 x 2 = $ 5.04
Karl W. Grunewald
Code Enforcement Officer
$ 14.86
$ 10.12
$ 31.25
$ 5.04
Total Charges $ 61.27
October 7, 1998
MEMO : Public Safety Director Thompson .
FROM : Karl Grunewald, Code Enforcement Officer
REFERENCE: Non -Compliance letter to Arlene S. Johnson
Please have the following letter hand delivered by an officer within the next 24 to 48 hours.
ARLENE S. JOHNSON
478 W. 9TH STREET
ATLANTIC BEACH, Fl. 32233
Also, please return the attached Receipt of Notification form to the Code Enforcement Office.
Thank you for your continued cooperation. Your help in this matter is greatly appreciated.
Sincerely,
Karl Grunewald
Code Enforcement Officer
KWG/gah
enclosures
AM o,uC 1710 PH c; iVOI? - �
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
CASE NO. 98-7799
October 16, 1998
Kirt Lynch
1860 Mayport Road
Atlantic Beach FL 32233
Dear Mr. . Lynch :
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 10th
day of November, 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 .0-
52 and 20-54 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 1860
Mayport Road RE#172096-0100, aka Pt. of Govt Lot 3 OR Book 5440-
1193) in the City of Atlantic Beach, the following condition(s): No
occupational license issued for the retail sales of motor 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. 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
should be secured at your expense.
Sincerely,
ATTEST:
yyC
CRETARY Ken Rog s eske
Chairman, Code Enforcement Board
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. _98-7779
Petitioner, )
VS. ) SUBPOENA
KIRT LYNCH
Respondent. )
-------------------------------- )
TO: NAME KIRT LYNCH
STREET 1860 MAYPORT 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 Tuesday, the
10TH_ day of NOVEMBER 1998 at 7:30. p, M. in reference to
violation of Section(s): Chapter 20, SECTIONS 20-52 AND 20-54 No
occupational license issued for the retail sales of motor vehicles.
Location of violation: 1860 Mayport Road
Failure to appear subjects you to penalty of law.
Dated this 16TH day of October , 1998.
CODE ENFORCEMENT BOARD
CITY OF ATLANTTIC BEACH, FLORIDA
BY41JA L� / / V
Secretary
pt NT/p
F� A City of Atlantic Beach
v'
FtOR1DP Code Enforcement Board Case Presentation
C. B. Date: November 10, 1998
Case # 98- -7799
Defendant: Kirt Lynch
Location: 1860 Mayport Road
Pt govt. Lot 3,
Re # 172096-0100
OR Book 5440-1193
Violation : Chapter 20, Sec 20-52,& 20-54,
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 Business license file
2. The nature of the violation is: No license issued for retail sales of motor vehicles.
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 July 24,1998, Certified Mail
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.
1
8. The violation is still present x, in compliance
9. In order to achieve compliance, it is necessary to appear before the Community
Development Board and request a use by exception for the operation of the
business. To comply with all other requirements in order to be issued a license
10. 1 do x Do not have photographs of the property and violations as they
exist on the property. They represent a fair and accurate representation of the
property at the time they were taken.
11. 1 would estimate that 15 days would be sufficient time to correct the violation.
Further comments: Application for license was made on January22,1998. The
building used as office space was inspected and passed by Fire and Police
Departments The business has continued to operate with no license and no apparent
application made to the C.D.B.
Recommendations: I recommend that the business be directed to discontinue until
such time that a license is issued. That if the business continues to operate a fine of
$250.00 be immediately levied and water service be discontinued . FI State Statute
205.042 (3) provides for a $250.00 fine.
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. A
certified copy of an order imposing a fine may be recorded in the public records and
thereafter shall constitute a lien against the land on which the violation exists and upon any
other real or personal property owned by the violator.
October 13, 1998
Case Number 7799, Kirt Lynch, 1860 Mayport Road
Code Enforcement Officer, $14.43 per hour xl hour = $ 14.86 $ 14.86
Code Enforcement Secretary , $ 9.83 per hour x 1 hours = $ 10.12 $ 10.12
Code Enforcement Attorney, $ 125.00 per hour /.25 = $ 31.25 $ 31.25
Postage, Cert. Mall, $ 2.52 x 2 = $ 5.04 $ 5.04
Total Charges $ 61.27
Karl W. Grunewald
Code Enforcement Officer
July 24, 1998
Kirt Lynch
Kurts Inc.
1860 Mayport Road
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 proprietor of the following business in the City of Atlantic
Beach, Florida:
Business Address: 1860 Mayport Road
Business Name : Kurts Inc.
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 of your receipt of this notice, you will be subpoenaed to appear before the Code
Enforcement Board. .
Under Florida Statutes 162 sec 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.
Applications for licensure are available from the Atlantic Beach City Clerk. Any questions should
be directed to that office @ 904-247-5821.
Sincerely,
Karl W. Grunewald
Code Enforcement Officer
KWG/gah
cc: Public Safety Director
City Clerk
Fire & Building Depts.
-177 i%
POLICE NOTTrV HAS DELIVERED
CODES ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH
RECEIPT OF NOTIFICATION
I, 4� dlx�,-- served notification to:
KIRT LYNCH
1860 MAYPORT ROAD
ATLANTIC BEACH, FL 32233
this 5�2( r day of 1998.
��, �� -
AT �A.M./�P.
This notification was in reference to: A NOTICE OF HEARING OF THE
CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF NOVEMBER 10,
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. Thanks