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01-05-1999 CEB Meeting Agenda PacketCITY OF 800 SE114INOLE ROAD -- -- ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247--5800 FAX (904) 247-5805 FAX COVER INSTRUCTION SHEET J FAX # ZO - I � o l FROM: MAUREEN KING, CITY CLERK FAX #247-5805 DATE: /a - /6 / 4 NUMBER OF PAGES (INCLUDING COVER SHEET ) INSTRUCTIONS: ox �z-3o-9g. PLEASE DELIVER IMMEDIATELY *** IF THERE ARE ANY PROBLEMS WITH THIS TRANSMITTAL PLEASE CONTACT US AT 247-5809 CITY OF ATLANTIC BEACH - FLORIDA CODE ENFORCEMENT BOARD MEETING The Regular Meeting of the City of Atlantic Beach Code Enforcement Board will be held on Tuesday, January 5, 1999 at 7:30 p.m.in the Commission Chambers, 800 Seminole Road, Atlantic Beach, Florida. All persons interested are notified to be present at said time and place and they shall be heard. If a person decides to appeal any decision at any meeting or hearing, he will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which appeal is to be based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact Maureen King, City Clerk, at 247-5809 or at City Hall, 800 Seminole Road. Published: Beaches Leader December 30, 1998 Posted: City Hall Posted 12-16-98 3:40 p.m. HP OfficeJet Personal Printer/Fax/Copier Identification 92491501 1.2.0 2.8 Fax Log Report for City Atlantic Beach 904 247 5805 Dec -16-98 04:31 PM Result Pages Tyne Date Time OK 02 Sent Dec -16 04:29P Duration Diagnostic 00:01:17 002085230020 CITY OF ATLANTIC BEACH - FLORIDA CODE ENFORCEMENT BOARD MEETING The Regular Meeting of the City of Atlantic Beach Code Enforcement Board will be held on Tuesday, January 5, 1999 at 7:30 p.m.in the Commission Chambers, 800 Seminole Road, Atlantic Beach, Florida. All persons interested are notified to be present at said time and place and they shall be heard. If a person decides to appeal any decision at any meeting or hearing, he will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which appeal is to be based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact Maureen King, City Clerk, at 247-5809 or at City Hall, 800 Seminole Road. Published: Beaches Leader December 30, 1998 Posted: City Hall Posted 12-16-98 3:40 p.m. CITY OF December 21, 1998 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904) 247-5805 SUNCOM 852-5800 MEMO TO: MEMBERS OF THE CODE ENFORCEMENT BOARD ALAN JENSEN, CITY ATTORNEY SUZANNE GREEN, PROSECUTING ATTORNEY FROM: JULIE BRANDT, SECRETARY KARL GRUNEWALD, CODE ENFORCEMENT OFFICER REFERENCE: HAPPY HOLIDAYS!! CODE ENFORCEMENT BOARD MEETING TUESDAY, JANUARY 5, 1999 Karl and I would like to wish you every happiness this holiday season and throughout the coming year. There will be a Regular Meeting of the Code Enforcement Board on Tuesday, January 5, 1999 at 7:30PM in the Commission Chambers at City Hall. Enclosed is your agenda packet for the meeting. If you have any questions or are unable to attend the meeting please contact Chairman Rogesheske at 249-4417. Sincerely, CITY OF ATLANTIC BEACH Karl Grunewald Code Enforcement Officer and Julie M. Brandt Secretary /Enclosures CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P.M., JANUARY 5, 1999 Call to order Pledge of Allegiance to the Flag Roll Call Approval of the Minutes of the Regular Meeting held November 10, 1998 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda 3. UNFINISHED BUSINESS: Case No. 98-7780, Richard O'Brien of 330 Sargo Road. During the October 8, 1998 Special Called Meeting the Board found Mr. O'Brien to be in violation and assessed an administrative fee of $99.02. Mr. O'Brien has not paid the fee. At that time, the Board directed the city to take necessary action to correct the violations found on the property, and since it appeared that Mr. O'Brien abandoned the property, to file all costs associated with the clean up as a lien against the property. Code Enforcement Grunwald will give a follow-up report on the property. 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. Mr. Spears was assessed an administrative fee of $68.70 which he has paid. Mr. Spears remains in compliance. 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. The Department of Housing and Urban Development (HUD) foreclosed on the mortgage and cleaned up the property. The property is now in compliance. Case No. 98-7799 - Kirt Lynch, 1860 Mayport Road. The owner of the property is in violation Code Enforcement Board Agenda Page -2- January 5, 1999 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. Mr. Lynch applied for the required use by exception and came before the Community Development Board on December 15, 1998. The Board was unable to make a recommendation at that time and has requested additional information. The request will be heard again on January 19, 1999. Community Development Director Worley's memo and recommendation is included for your information. 4. NEW BUSINESS: Case No. 99-7954 - Richard Skipper, 1289 Gladiola Street. The owner of the property is in violation of Chapter 12, Section 12-1-7, Chapter 16, Section 16-6 of the Code of the City of Atlantic Beach and Florida Statutes Section 403.413 (4)(b), Florida Litter Law in that there exists on the premises the following conditions: Building materials, discarded auto parts, wood pallets and other trash and debris deposited and stored outside on the property, concrete buried on the property, debris deposited in a stormwater drainage canal, and a wooded deck constructed into the stormwater drainage canal. 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 NOVEMBER 10, 1998 PRESENT: Ken Rogosheske, Chairman Tami Deitchman Richard Mann Curtis Sanders AND: Suzanne Green, Prosecuting Attorney Alan Jensen, City Attorney Karl Grunewald, Code Enforcement Officer Julie M. Brandt, Secretary ABSENT: Robert Etheridge Lou Etta Waters James Pelkey 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 September 8, 1998 and the Special Called Meeting of October 8, 1998. The minutes of the Regular Code Enforcement Board Meeting of September 8, 1998 and Special Called Meeting of October 8, 1998 were unanimously approved as presented. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda. There were no visitors. 3. UNFINISHED BUSINESS: Code Enforcement Official Karl Grunwald presented brief follow-up reports on the following cases: Case No. 98-7518 - James Baker, 598 Seaspray Avenue. It was reported that Mr. Baker had not paid administrative fees of $110.68. Case No. 98-7271 - Calvin C. Grant, 826 Amberjack. It was reported that Mr. Cockrell, the tenant at said address, had not paid administrative fees of $79.30. Case No. 98-7737 - Benny Ossi, 205 Edgar Street. (Jeff Klotz). It was reported that Mr. Klotz, the new owner of the property, paid the $2,500.00 fine. Code Enforcement Board Minutes Page -2- November 10, 1998 Case No. 98-7488 - H.G. Parks, 1120 Ocean Blvd. It was reported that Mr. Parks had not paid administrative fees of $79.30. Case No. 98-7504 - Kae Kendall, 50 Ocean Blvd. It was reported that Mrs. Kendall paid the administrative fees of $295.85 but had not submitted any plans concerning the required changes to the building. Case No. 98-7364 - Benjamin Brown, 457 Sailfish Drive. It was reported that Mr. Brown paid the administrative fees of $79.30. Case No. 98-7735 - Billy Dawson, 310 Mealy Street. It was reported that Mr. Dawson paid the administrative fees of $79.30. Case No. 98-7780, 330 Sargo Road. It was reported that Mr. O'Brien had not paid administrative fees of $99.02, and that the property had been posted concerning the Board's findings of fact. Code Enforcement Official Grunewald explained that after thirty days the property would be cleaned up by the city and the costs incurred placed as a lien against the property. It was reported that if the costs were in excess of $500.00, the lien would be recorded with the Clerk of the Circuit Court. Code Enforcement Board Member Mann inquired as to the lien procedure and it was briefly explained by Code Enforcement Official Grunewald. 4. NEW BUSINESS: Chairman Rogosheske read the case procedures to be followed and all witnesses were sworn in. Case No. 98-7799 was taken out of sequence and heard first. 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. Code Enforcement Official Grunwald read the charges and explained that Mr. Lynch was in violation of Chapter 20, Section (s) 20-52 and 20-54 in that he had been operating his business located at 1860 Mayport Road without obtaining a City of Atlantic Beach occupational license since January. It was further explained that Mr. Lynch was notified of the violation on July 24, 1998 by certified mail, and the Notice to Appear was hand delivered by the Police Department on October 20, 1998. Code Enforcement Board Minutes Page -3- November 10, 1998 Code Enforcement Official Grunewald presented a brief history of the property and stated that a use -by -exception was needed in order to operate a used car lot at the site. It was explained that Mr. Lynch had applied for the use -by -exception, but that the Community Development Board would not meet until December 15, 1998 to make its recommendation concerning the request. The Board was also informed that Mr. Lynch was in the process of buying another piece of property and planned to relocate his business there. Mr. Lynch believed that in January after the inspections were completed, that he was approved to operate his business. He presented a history of his attempts to obtain his occupational license and of the delays encountered. He further stated the property was a used car lot prior to his taking it over and did not understand why it took so long for the Community Development Director to determine that he needed the use -by -exception. After Mr. Lynch's statement, Code Enforcement Official Grunwald explained the use -by - exception requirement and the procedure to be followed when obtaining an occupational license. Code Enforcement Official Grunewald advised that the Community Development Director had requested that Mr. Lynch be given until December 17, 1998 to obtain the use -by -exception and license. A brief discussion ensued concerning Mr. Lynch's attempts to obtain the license and concern expressed that it had taken so long. Chairman Rogosheske asked Mr. Lynch if he admitted to being in violation of Chapter 20, Section 20-52 and 20-54 and Mr. Lynch admitted that he was in violation. After some further discussion, a motion was made by Board Member Mann, seconded by Board Member Sanders and unanimously carried to give Mr. Lynch until December 17, 1998, to obtain a use -by -exception and required occupational license. If the license is not obtained by that date, the Board ordered that the business operations cease and if the business continues to operate after that date, a fine of $250.00 per day be imposed until the property is brought into compliance to the satisfaction of the Code Enforcement Officer. After a brief discussion, a motion was made by Board Member Deitchman, seconded by Board Member Sanders and unanimously carried to waive the administrative fee of $61.27 at this time and to reinstate the administrative fee if the $250.00 per day fine goes into effect. 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. Code Enforcement Board Minutes Page -4- November 10, 1998 James Spears was not present at the meeting. Code Enforcement Official Grunewald stated that Mr. Spears repeatedly violated Chapter 24, Section 24-163-2 of the City Code and had been contacted five times since 1995 concerning the same violation. Mr. Grunwald presented a brief history of the property, and stated that Mr. Spears refused delivery of the Notice of Hearing sent by certified mail and hand delivery was attempted six times to no avail. Code Enforcement Grunwald stated he had posted the property on October 15, 1998. Photographs of the property were distributed. Code Enforcement Official Grunewald's recommendation for the property was briefly discussed and it was pointed out that the property was now in compliance. A motion was made by Board Member Mann, seconded by Board Member Deitchman and unanimously carried to find James Spears, owner of the property located at 471 Aquatic Drive, in violation of Chapter 24, Section(s) 24-163-2 of the City Code of Ordinances. Since the property was brought into compliance, the Board voted not fine Mr. Spears at this time, but should the property come into non-compliance again, the Board voted to fine Mr. Spears $100.00 per day from the day the property is cited until the property is brought into compliance to the satisfaction of the Code Enforcement Official. After a brief discussion, a motion was made by Board Member Sanders, seconded by Board Member Mann and unanimously carried to assess Mr. Spears $68.70 administrative fees. 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. Code Enforcement Official Grunwald presented his case and stated that hand delivery of the notice had been attempted on October 9, 1998 with no response and the certified mail had also gone unclaimed. Code Enforcement Official Grunewald stated that the property had been posted and it appeared that it was abandoned. He further stated that he had been told Mrs. Johnson was in the hospital, but he could not confirm this as fact. Mr. Grunewald requested authorization to have the city clean up the property and invoice the owner for the costs. Prosecuting Attorney Green asked Code Enforcement Official Grunewald if he considered the property to be a health hazard and he confirmed that it was a health hazard. Code Enforcement Official Grunewald then explained the procedure to be followed and stated that he would post the property for thirty days and then have the city clean it up. He further stated that if the costs exceeded $500.00, a lien would be placed against the property and recorded in the Duval County Circuit Court. Code Enforcement Board Minutes Page -5- November 10, 1998 There being no further discussion, a motion was made by Chairman Rogosheske, seconded by Board Member Sanders and unanimously carried to find Arlene Johnson, owner of the property, in violation of Chapter 12, Section(s) 12-1-7 and 12-1-2. The Board directed Code Enforcement Official Grunewald to notify the City of the violation and take necessary action to correct the following: (1) clean out all items of trash strewn about the lot, and (2) mow the lot and remove all overgrown vegetation. Since it appears Mrs. Johnson abandoned the property, all costs associated with the clean up of the property will result in a lien against said property which will be recorded in the Circuit Court of Duval County if in excess of $500.00. 5. REQUEST FOR LIEN ACTION: Name Address Amount of Lien None. 6. BOARD MEMBER/CODE ENFORCEMENT OFFICIAL COMMENTS: CODE ENFORCEMENT OFFICIAL GRUNEWALD • Stated that it was important to notify Chairman Rogosheske of absences from a scheduled meeting to ensure the presence of a quorum. • Stated that he would like to schedule a Workshop Meeting for sometime in January to discuss implementation of the Animal Control Ordinance and the Code Enforcement roll regarding collection of fines. • Explained Case No. 98-7799 in detail and refuted some statements made by the defendant. 8. ADJOURNMENT There being no further discussion or business to come before the Board, the meeting adjourned at 8:25 p.m. Code Enforcement Board Minutes Page -6- November 10, 1998 Ken Rogosheske, Chairman Code Enforcement Board Attest: Julie M. Brandt Secretary CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 99-7954 December 11, 1998 Richard Skipper 1610 Shetter Avenue - #121 Jacksonville Beach, FL 32250 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 5th day of January, 1999 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 72,Section 12-1- 7 Open Storage and Chapter 16. Section 16-6 Burial of Solid Waste of the Code of the City of Atlantic Beach and Florida Statutes Section 403.413 (4)(b), Florida Litter Law. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 1289 Gladiola Street, (RE# 171026-1000, aka Lots 2, 3, and 4 Block 211,Section H) the City of Atlantic Beach, the following condition(s): building material, discarded auto parts wood pallets and other trash and debris deposited and stored outside on propertX concrete buried on the Property, debris deposited in a stormwater drainage canal and a wooden deck constructed into the stormwater drainage canal. The Code Enforcement Board has the power to levy fines up to $250.00 per day for the first offense and $500.00 for the second offense against the property, if a violation is found to exist beyond the date set by the Board for compliance. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses, subpoenaed or if you have questions regarding the procedure, please contact Julie Brandt, Secretary of the Code Enforcement Board, within five days of the receipt of this notice at 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. Sincerely, ATTEST:t�, SECRETARY Ken ogoshe e Chairman, Code Enforcement Board CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 99-7954 Petitioner, ) VS. ) SUBPOENA Richard Skipper Respondent. ) -------------------------------- ) TO: NAME: Richard Skipper STREET 1610 Shetter Avenue CITY Atlantic Beach, STATE FL 32233 GREETINGS: YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board of the City of Atlantic Beach, Florida at City Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the 5TH day of JANUARY 1999 at 7:30, p. m. in reference to violation of Section(s): Chapter 12,Section 12-1-7 Open Storage and Chapter 16, Section 16-6 Burial of Solid Waste— of the Code of the City of Atlantic Beach and Florida Statutes Section 403.413 (4)(b), Florida Litter Law. Location: 1289 Gladiola Street Failure to appear subjects you to penalty of law. Dated this 11TH day of December , 1998. CODE ENFORCEMENT BOARD CITY OF ATLtANNTIC BEACH, FLORIDA BY QUJLL::� / /l . Secretary CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 99-7954 Petitioner, ) VS. ) SUBPOENA Richard Skipper Respondent. ) -------------------------------- ) TO: NAME: Emily Cheek STREET 13 Gladiola 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 5i_ day of JANUARY 1999 at 7:30. p. m. in reference to violation of Section(s): Chapter 12,Ser.t-ion 12-1-7 Open Storage and C'hAnt-.er 76. Section 16-6 Burial of Solid Waste of the Code of the City of Atlantic Beach and Florida Statutes Section 403.413 (4)(b), Florida Litter Law. Location: 1289 Gladiola Street Failure to appear subjects you to penalty of law. Dated this 11TH day of December , 1998. CODE ENFORCEMENT BOARD CITY OF ATLAIN�T,IC BEACH, FLORIDA BY1J Secretary POLICE DEPARTMENT: AFTER THE NOTICE HAS BEEN DELIVERED PLEASE RETURN THIS RECEIPT TO THE CODE ENFORCEMENT OFFICE. THANK YOU. CODE ENFORCEMENT CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION I J4?/ � SERVED NOTIFICATION TO: RICHARD SKIPPER 1610 SHETTER AVENUE #121 JACKSONVILLE BEACH, FL 32250 This v 6# day of 1998 At ,/;y;' �t ? A.M./P.M. THIS NOTIFICATION WAS IN REFERENCE TO: CODE ENFORCEMENT SIGNATURE OF SERVER SIGNATURE OF RECEIVER DATED PLEASE RETURN TO THE CODE ENFORCEMENT OFFICE. THANKS... November 9, 1998 Richard & Glynda Skipper 1610 Shetter Avenue #121 Jacksonville Beach, Fl 32250 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: Vacant Lots 1289 Gladiola Street aka: Lots 2, 3, & 4, Blk 211, Section H Re: 171026-1000 Investigation of this property discloses that I have found and determined that you are in violation of City of Atlantic Beach Ordinance Chapter 12, Section 12-1-7. 1. Chapter 21, Section 24 (a) Abandoned motor vehicle & trailer. (Posted 11-2-98) 2. Chapter 12, Section 12-1-7 - Building material stored on property. 3. Chapter 12, Section 12-1-7 - Discarded auto parts, wood pallets, tires & other Miscellaneous trash. 4. Chapter 16, Section 16-6 - Burial of solid waste - ie; concrete. 5. Florida State Statute Section 403.413 (4) (b) Florida Litter Law - Depositing of Debris & construction of deck into storm water drainage canal. You are hereby notified that unless the conditions described are remedied within fifteen (15) days 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 Chief Mayo Bob Kosoy P.O. Box 2497 Cashiers, N.C. 28717 cec: 7954