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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