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09-07-1999 CEB Agenda PacketCITY OFATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P.M., September 7, 1999 Call to order Pledge of Allegiance to the Flag Roll Call ffa�-y `T 1. Approval of the Minutes of the Regular Meeting held 1999. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda 3. UNFINISHED BUSINESS: A. Case No. 98-7215 Richard Berdych (Corner Stone Concrete), 47 West 2nd Street. The owner of the property was in violation of Chapter 12, Sec. 12-1-7 of the Code of the City of Atlantic Beach in that there existed on the premises located at 47 West 2nd Street the following condition(s): Outside storage of Building Material. Disposition: The property is in compliance, and the administrative fee of $66.20 assessed to Mr. Berdych has been paid. B. Case No. 99-8204 Willie Pearl Hobbs, 410 Sargo Road. The owner of the property was in violation of Chapter 12, Sec. 12-1-7 of the Code of the City of Atlantic Beach in that there existed on the premises located at 410 Sargo Road the following condition(s): Outside storage. Disposition: The property is in compliance, and the administrative fee of $66.20 assessed to Ms. Hobbs has been paid. C. Case No. 99-8218 Stephen Corsano,1305 Rose Street. The owner of the property was in violation of Chapter 12, Sec. 12-1-3 of the Code of the City of Atlantic Beach in that there existed on the premises located at 1305 Rose Street the following condition(s): Trash scattered in yard. Disposition: The property is in compliance, and the administrative fee of $66.20 assessed to Mr. Corsano has been paid. D. Case No. 99-8199 Willie Johnson, 1921 Mealy Street. The owner of the property was in violation of Chapter 12, Sec. 12-1-7 of the Code of the City of Atlantic Beach in that there existed on the premises located at 1921 Mealy Street the following condition(s): Abandoned vehicle. Disposition: The property is in compliance, and the administrative fee of $66.20 assessed to Mr. Johnson has been paid. E. Case No. 99-8257 Wayne Weinaug, 845 Amberjack Lane. The owner of the property was in violation of Chapter 12, Sec. 12-1-7 of the Code of the City of Atlantic Beach in that there existed on the premises located at 845 Amberjack Lane the following condition(s): Outside storage of Building Material. Disposition: The property is in compliance, and the administrative fee of $107.55 assessed to Mr. Weinaug has been paid. F. Case No. 99-8213 Lisa Ulm (Dash Rip Rocks), 539 Atlantic Boulevard. The owner of the property was in violation of Chapter 11, Sec. 11-1 of the Code of the City of Atlantic Beach in that there existed on the premises located at 539 Atlantic Boulevard the following condition(s): Excessive Noise. Disposition: The administrative fee of $66.20 assessed to Ms. Ulm was paid on May 24,1999, and at that time the property was in compliance. However, on June 26, 1999, police officers were dispatched to Dash Riprocks on two separate occasions for excessive noise. On July 1, 1999, Code Enforcement Officer Grunewald sent a certified letter to Lisa Ulm advising her that these calls fall within the realm of the Findings of Fact of the Code Enforcement Board of May 4, 1999, submitted a detailed Invoice, reflecting No Charge for the first violation, and a fine of $250.00 due for the second violation. To date, this fine has not been paid. 4. NEW BUSINESS: A. Case No. 99-8445 (previously 99-7861) - Kevin & Kimberly Rissmiller, 386 Sargo Road. The owners of the property are in violation of the following sections of Chapter 12 of the Atlantic Beach City Code, in that there exists on the premises located at 386 Sargo Road, the following condition(s): Sec. 12-1-3 - Excessive vegetation on property Sec. 12-1-4 - Swimming pool water is stagnant.* . See. 12-1-7 - Open storage, rear yard is cluttered Sec. 12-1-8 - Allowing building, fence & property to become unsafe and unsanitary See. 12-1-3 - Property is a detriment to public health and safety In addition to the foregoing current violations, please note that the Rissmillers have been before the Board on several occasions, and at the meeting on March 2, 1999, they were assessed an administrative fee of $66.20, plus past administrative fees of $108.16. The total cost, plus interest, of $185.18, has not been paid. B. Case No. 99-8455 - Benjamin Brown, 457 Sailfish Drive. The owner of the property is in violation of Chapter 12, Section 12-1-7, and Chapter 6, Section 6-108, of the Code of the City of Atlantic Beach in that there exists on the premises located at 457 Sailfish Drive the following condition(s): Outside storage Miscellaneous Material, and Address numbers not displayed. C. Case No. 99-8457 - Thomas J. Bennet, 131 Belvedere Street. The owner of the property is in violation of Chapter 24, Section 24-65(c), of the Code of the City of Atlantic Beach in that there exists on the premises located at 131 Belvedere Street the following condition(s): No building permit issued. D. Case No. 99-8473 - Edward & Cindy Winters, 4824 Spring Glen Road, Jacksonville, Florida. The owners of the property are in violation of Chapter 12, Section 12-1-7, of the Code of the City of Atlantic Beach in that there exists on the premises located at #986, vacant lot on Stocks Street, a/k/a Lot 2, Block 160, Section H, the following condition(s): Outside storage of Building Material. 5. REQUEST FOR LIEN ACTION: Name Address None 3 Amount of Lien A. The terms of office for Board Members Sanders and Waters expire September 30, 1999. Board Member Curtis M.Sanders, Jr. has expressed.a desire to serve an additional 3 -year term on the Board. Board Member Lou Etta Waters does not wish to serve an additional term, and therefore, an appointment to this seat will be required. S. ADJOURNMENT CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES MAY 4,1999 Call to order: PRESENT: Ken Rogosheske, Chairman Curtis Sanders Robert Etheridge Lou Etta Waters Richard Mann James Pelkey Tami Deitchman AND: Suzanne Green, Prosecuting Attorney Karl Grunewald, Code Enforcement Officer Julie M. Brandt, Secretary Linda P. Kilis, Secretary ABSENT: Alan Jensen, City Attorney 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 March 2, 1999. The minutes of the Regular Code Enforcement Board Meeting of March 2, 1999, 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 Grunewald presented brief follow-up reports on the following cases: A. Case No. 98-7799 - Kirt Lynch, 1860 Mayport Road. The owner of the property had been 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 Officer Grunewald reported that Mr. Lynch is now properly licensed for automobile sales, rentals and service at a new location, 1400 Mayport Road, and is now in compliance. Board Member Robert Etheridge arrived at this time. B. 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. Code Enforcement Official Grunewald reported that the city cleaned up the property, and an invoice was sent to Mr. Skipper for the costs incurred in the amount of $2840.00: This amount, $2840.00, added to the fine of $3750.00 and administrative costs of $121.35, totalled $6,711.35 owed to the City of Atlantic Beach by Mr. Skipper.. Code Enforcement Official Grunewald further reported that Mr. Skipper sold the property, paid the sum of $6,711.35 owed to the City, and the case is now closed. Also, the trailer is still on the property, and he will be contacting the new owner in this regard. C. Case No. 99-8170 Harry T. Gross (Buds Auto Sales), 980 Mayport Road. The owner of the property is in violation of Chapter 20, Sec. 20-54 of the Code of the City of Atlantic Beach and Florida Statutes Section 205.053 in that there exists on the premises located at 980 Mayport Road the following condition(s): Failure to pay for and maintain current occupational licenses. The occupational licenses expired September 30, 1998. Code Enforcement Official Grunewald reported that Mr. Gross has paid the administrative costs of $106.22, and fine of $150.00, for a total of $256.22, assessed to him, and the case is closed. D. Case No. 99-7861 Kevin & Kimberly Rissmiller, 386 Sargo Road. The owner of the property is in violation of Chapter 12, Sec. 12-1-7 of the Code of the City of Atlantic Beach in that there exists on the premises located at 386 Sargo Road, the following condition(s): Outside storage of two abandoned vehicles. On March 2, 1999, Kevin and Kimberly Rissmiller were found to be in violation of Chapter 12, Section 12-1-7 of the Code, Outside storage of two abandoned vehicles. Code Enforcement - Official Grunwald reported that the Rissmillers are still in the process of removing the cars from the property, and to date, they have not paid the administrative costs of $174.36 assessed to them. He advised that if they fail to pay the costs assessed to them, as soon as the amount reaches $500.00, a lien will be placed on the property. 4. NEW BUSINESS: - - - Chairman Rogosheske read the case procedures to be followed and all witnesses were sworn A. Case No. 98-7215 Richard Berdych (Corner Stone Concrete), 47 West 2nd Street. The owner of the property is in violation of Chapter 12, Sec. 12-1-7 of the Code of the City of Atlantic Beach in that there exists on the premises located at 47 West 2nd Street the following condition(s): Outside storage of building material. Code Enforcement Official Grunewald reported that Mr. Berdych and Corner Stone Concrete were cited on March 3, 1998, for outside storage of materials on the property. Since then, the violation has reoccurred. Prior to this meeting, the property has been cleaned up and a sign which was in the right-of-way has been removed. Since the property is in compliance, Mr. Grunwald recommended that (1) no fine be levied, (2) if there is a future violation, that it would be a second repeat violation, and an automatic fine would be implemented, and (3) an administrative fee of $66.20 be assessed to Mr. Berdych. Mr. Berdych was present, and acknowledged that he has been in violation. A motion was made by Board Member Mann, and seconded by Board Member Pelkey, to find Mr. Berdych in violation of Chapter 12, Sec. 12-1-7 of the Code, Outside storage of Building Materials, to assess him administrative fees in the amount of $66.20, and if any future violations occur, Mr. Berdych will incur a fine of $150.00 per day from the date he is first notified until the property is brought into compliance to the satisfaction of the Code Enforcement Official. The motion was unanimously approved. Mr. Berdych asked if a bill would be sent to him, and he was advised that a bill would be sent to him within five days from the date of this meeting. B. Case No. 99-8204 Willie Pearl Hobbs, 410 Sargo Road. The owner of the property is in violation of Chapter 12, Sec. 12-1-7 of the Code of the City of Atlantic Beach in that there exists on the premises located at 410 Sargo Road the following condition(s): Outside storage. Code Enforcement Official Grunewald reported that the house burned, and it has been in the process of being rehabilitated, in spurts, for about three years; that Ms. Hobbs has been before the Board before on two other occasions. This is not a repeat violation. He reported further that prior to this meeting, the property has been cleaned up and the building materials and other items removed. Code Enforcement Official Grunewald recommended that an administrative fee of $66.20 be assessed to Ms. Hobbs, and if found in violation again, that a fine of $500 a day be imposed until the property is brought into compliance. After a brief discussion, a motion was made by Board Member Pelkey, and seconded by Board Member Etheridge to find Willie Pearl Hobbs in violation of Chapter 12, See. 12-1-7 of the Code, Outside storage of Building Materials and other items, to assess her 3 administrative fees in the amount of $66.20, and if any future violations occur, Ms. Hobbs will incur a fine of $200.00 per day from the date she is first notified until the property is brought into compliance to the satisfaction of the Code Enforcement Official. The -motion was unanimously approved. C. Case No. 99-8218 Stephen Corsano, 1305 Rose Street. The owner of the property is in violation of Chapter 12, Sec. 12-1-3 of the Code of the City of Atlantic Beach in that there exists on the premises located at 1305 Rose Street the following condition(s): Trash scattered in yard. Code Enforcement Official Grunwald reported that the father of Stephen Corsano had the son mow the lawn, cut the weeds, and the property is in good shape, and recommended that the Board not impose a fine, and also waive the administrative fees due to the educational disabilities of Mr. Corsano. Prosecuting Attorney Green reported that Stephen Corsano is a student, working, limited income, and she has no objections to Code Enforcement Official Grunewald's recommendations. Board Member Sanders asked to be excused due to a personal interest in this matter. A brief discussion revealed that Mr. Corsano is 20 years of age, is a part time day laborer, sharing mortgage with a tenant, plans to be out of the property at the end of the month, and any notices need to also be sent to his parents' address, 2242 Barefoot Trace. Prosecuting Attorney Green advised that our notification requires that any notice must be served to the property address, or the address on the tax rolls. Following this discussion, a motion was made by Board Member Etheridge, and seconded by Board Member Deitchman, to find Stephen Corsano in violation of Chapter 12, Sec. 12- 1-3 of Code, and to assess him administrative fees in the amount of $66.20. The motion was approved, with Board Member Mann dissenting. Board Member Pelkey made a second motion, Board Member Mann seconded it, and it was unanimously approved, that if Mr. Corsano is found to be in violation of the Code again, the fine will be $150.00 per day from the date he is first notified by the Code Enforcement Officer until the property is brought into compliance to the satisfaction of the Code Enforcement Official. The Code Enforcement secretary was instructed to send the administrative fee bill to 2242 Barefoot Trace, and any future notices to both addresses.. D. Case No. 99-8199 Willie Johnson, 1921 Mealy Street. The owner of the property is in violation of Chapter 12, Sec. 12-1-7 of the Code of the City of Atlantic Beach in that there exists on the premises located at 1921 Mealy Street the following condition(s): Abandoned vehicle. Code Enforcement Official Grunewald presented a brief history of the property and stated that 0 - - notice had been given to Mr. Johnson by posting it twice, and by certified mail, and the notices were ignored. However, between the time of notification by the police department and this meeting, the abandoned vehicle was removed, and he is now in compliance. Mr. Johnson's son, Leon Harris, 2557 Ribault Street, spoke for his father, stating that his father is 80 years old and unable to attend, but that the vehicle belonged to him; that he has five sons, and he took the tag off the vehicle and parked it at his father's home so one of his sons couldn't drive it. Mr. - Grunewald explained to him that if a vehicle has no tag, it's considered an abandoned automobile. Following this discussion, Board Member Sanders made a motion to find Willie Johnson in violation of Chapter 12, Section 12-1-7 of the Code, abandoned vehicle, and since the car has been removed, to assess him administrative fees in the amount of $66.20. Also, if he is found to be in violation of the Code again, the fine will be $150.00 per day from the date he is first notified by the Code Enforcement Official until the property is brought into compliance to the satisfaction of the Code Enforcement Official. This motion was seconded by Board Member 1Pelkey, and unanimously approved. E. Case No. 99-8257 Wayne Weinaug, 845 Amberjack Lane. The owner of the property is in violation of Chapter 12, Sec. 12-1-7 of the Code of the City of Atlantic Beach in that there exists on the premises located at 845 Amberjack Lane the following condition(s): Outside storage of Building Material. Code Enforcement Official Grunewald reported that Mr. Weinaug has been before the Board for the same violation in 1996, and is brought before the Board now as a repeat violator. Prior to this meeting, Mr. Weinaug removed the lumber and carpeting, and is now in compliance. Code Enforcement Official Grunewald recommends that any future violations will result in an automatic fine of $500 per day from the day first noticed by the Code Enforcement Official until such time as the violation is brought into compliance. Witness, Frederica Randolph of 831 Amberjack Lane, Atlantic Beach; appeared before the Board, and stated that she is the next door neighbor of Wayne Weinaug. She confirmed the violations, and stated that part of the fence has fallen down, trees are protruding through the fence and need to be trimmed, but the building materials have been removed. Witnesses, Roger and Ilene Olson of 817 Amberjack Lane, appeared before the Board, and advised the Board of the various violations they have observed, stated they have been removed now, but the lawn does need cutting. Wayne Weinaug appeared before the Board and stated that he bought the property four years ago, that this house is his life, that it was a VA repo, and that he has been trying ever since to fix it up, but hasn't had the time, and then he has been in the hospital. 5 Board Member Waters asked to be excused due to a personal interest in this matter. Upon a motion by Board Member Etheridge, and seconded by Board Member Sanders, Mr. Weinaug was found to be in violation of Chapter 12, Section 12-1-7 of the Code, for outside storage of building material. The Board assessed Mr. Weinaug administrative costs of $107.55, which costs.may be included in a lien authorized under s.'162.09(3) if not paid within 30 days. Additionally, the Board found that if Mr. Weinaug is found to be in violation of the Code again, the fine will be $100.00 per day from the date he is first notified by the Code Enforcement Officer until the property is brought into compliance to the satisfaction of the Code Enforcement ®fficer. The motion was unanimously approved. F. Case No. 99-8213 Lisa Ulm (Dash Rip Rocks), 539 Atlantic Boulevard. The owner of the property is in violation of Chapter 11, Sec. 11-1 of the Code of the City of Atlantic Beach in that there exists on the premises located at 539 Atlantic Boulevard the following condition(s): Excessive Noise. Code Enforcement Official Grunewald presented a brief history of the numerous violations of City Code and complaints for loud noise. Police Officer Jim Christman appeared before the Board, confirmed the numerous complaints, and stated that most complaints were on the nights when there is a band, and the biggest problem is the bass, and has suggested that some type of insulation be installed. Witness Gwyn May appeared before the Board and expressed her concerns about the loud noise, stating that it had been going on for along time, primarily on Friday and Saturday nights, occasionally Sunday nights, and the noise vibrates the walls in her house. She has spoken with neighbors and they are also appalled. She lives 3/4 of a block away. Lisa Ulm appeared before the Board and stated that she wants to correct the situation; that she doesn't know what is considered acceptable or what the Board wants her to do, but she doesn't want this to be a problem and doesn't want to be shut down. She has never been aware of the problem. The management gives her monthly books and she signs checks. She denied ever knowing about the 13 or 25 complaints. Adam Ulm, husband of Lisa Ulm, appeared before the Board, defended the notice and the bar; expressed concern about potential $5,000 fine; stated that they have insulated the bar, and done everything they can. Code Enforcement Official Grunewald stated that in trying to notify Ms. Ulm in 1998, notice was returned unclaimed. He had a police officer deliver it to her at 123 Poinsettia St., and then notified Dash Rip Rocks at the location. Requested an address where she can be notified. Lisa Ulm gave her address as 1429 Summer Sands Drive, Neptune Beach, Florida 32266, and her phone number is 241-8780. Code Enforcement Official Grunewald recommended that Lisa Ulm and Gwyn May get together and try to work things out. Board Member Etheridge noted that in sixty days, there were 25 complaints between 1/21/98 and 3/21/98. Upon motion made by Board Member Pelkey, seconded by Board Member Mann, and unanimously approved, Lisa Ulm (Dash Rip Rocks) was found to be in violation of Chapter 11, Section 11-1 of the Code, for excessive noise. The Board assessed Lisa Ulm (Dash Rip Rocks) administrative costs of $66.20, which may be included in a lien authorized under s. 162.09(3) if not paid within 30 days.. The Board found that, effective immediately, if Ms. Ulm is found to be in violation of Chapter 11, Section 11-1 of the Code again, based upon verification by a police officer, each call to the police department, except the first call, for excessive noise, shall result in a fine of $250.00. Said fine(s) shall be assessed to Ms. Ulm. 5. REQUESTS FOR LIEN ACTION: Name Address None. Amount of Lien 6. BOARD MEMBER/CODE ENFORCEMENT OFFICIAL COMMENTS: ® Code Enforcement Official Grunwald briefly spoke to the Board about the convention in Tampa. 8. ADJOURNMENT There being no further discussion or business to come before the Board, the meeting adjourned at 9:50 P.M. Ken Rogosheske, Chairman Code Enforcement Board Attest: Code Enforcement Board Case Presentation C. B. Date: September 7, 1999 Defendant: Kevin & Rita Rissmiller Case # 99- J. 8445 Location: 386 Sargo Road A/K/A: Lot 23, Blk 24, R/p 2A Re: 171691-0000 Violation : Chapter 12, Sec. 12-1-3, Excessive vegetation on property. Chapter 12, Sec. 12-1-4, Swimming pool water is stagnant. Chapter 12, Sec. 12-1-7, Open storage, rear yard is cluttered. Chapter 12, Sec. 12-1-8, Allowing building, fence & property to become unsafe and unsanitary. Chapter 12, Sec. 12-1-3, Property is a detriment to public health and safety. Owner. Occupied: — Rental: x Homestead: yes No x Code Enforcement Board Members: 1. Inspection of the above property revealed that a violation of the code of the City of Atlantic Beach is present. Ownership of the property was determined through the x tax records, a title search, Other 2. The nature of the violation is: See Above. 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 2,1999, The latest inspection was a result of following up and routine inspection. The violation is still present x, in compliance _. In order to achieve compliance it is necessary to bring the above violations into compliance. 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 August 4,1999. 11. 1 would estimate that 20 days would be sufficient time to correct the violations. Further comments: It is my opinion that these conditions at 386 Sargo Road are not in the best intrest of the community and the City. The Rissmillers have allowed their property to deteriorate to a point where it is rapidly becoming irreversible. These conditions are unsanitary and a health hazard to the residence and the community. Recommendations: It is my recommendation that they be directed to empty the pool and dismantle it, since it will obviously remain in the yard as abandoned. That all vegetation on the ground and growing on the fence and house be removed. That deteriorated sections of fence be removed or replaced. That the open storage of junk and trash in the rear yard be removed or stored indoors. That any future discharge of heat pump water remain on their property, not in the right of way or onto the neighbors yard. That should they fail to comply with the Board's order, and in its allotted time, the City. be requested to bring the property into compliance and then charge the owner with all costs as provided by law and code: In addition, that the two previously cited vehicles be removed within five days by the owner or removed by the City. Witness: Attachment:' Karl W. Grunewald Code Enforcement Officer 7. 8. 9. The latest inspection was a result of following up and routine inspection. The violation is still present x, in compliance _. In order to achieve compliance it is necessary to bring the above violations into compliance. 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 August 4,1999. 11. 1 would estimate that 20 days would be sufficient time to correct the violations. Further comments: It is my opinion that these conditions at 386 Sargo Road are not in the best intrest of the community and the City. The Rissmillers have allowed their property to deteriorate to a point where it is rapidly becoming irreversible. These conditions are unsanitary and a health hazard to the residence and the community. Recommendations: It is my recommendation that they be directed to empty the pool and dismantle it, since it will obviously remain in the yard as abandoned. That all vegetation on the ground and growing on the fence and house be removed. That deteriorated sections of fence be removed or replaced. That the open storage of junk and trash in the rear yard be removed or stored indoors. That any future discharge of heat pump water remain on their property, not in the right of way or onto the neighbors yard. That should they fail to comply with the Board's order, and in its allotted time, the City. be requested to bring the property into compliance and then charge the owner with all costs as provided by law and code: In addition, that the two previously cited vehicles be removed within five days by the owner or removed by the City. Witness: Attachment:' Karl W. Grunewald Code Enforcement Officer 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 alien against the land on which the violation exists and upon any other real or personal property owned by the violator. Code Enforcement Board Meeting: September 7,1999 Case Number 99-8445, Kevin & Rita Rissmiller 386 Sargo Road, Atlantic Beach, F132233 Code Enforcement Officer, $16.35 per hour x 3 hours = $ 49.05 Code Enforcement Secretary , $ 9.83 per hour x 1 hours = $ 9.83 Code Enforcement Attorney, $ 125.00 per hour 1 Hour = $125.00 Postage, Cert. Mail, $ 2.98 x 2 = $ 5.96 Total Charges August 4, 1999 Karl W. Grunwald Code Enforcement Officer $ 49.05 $ 9.83 $ 125.00 $ 5.96 $ 189.84 July 2, 1999 Kevin & Rita Wssmiller 386 Sargo Road Atlantic Beach, Fl 32250 Dear Sir: Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: . Re: 386 Sargo Road a/k/a: Lot 23, Blk 24, Royal Palms 2A Re: 171691-0000 Investigation of this property discloses that I have found and determined that you are in violation of City of Atlantic Beach Ordinance Chapter 12, Section 12-1-3 - Front, Rear & Side yards are overgrown. Section 12-1-4 - Stagnant water from heat pump system discharge. Swimming pool is unfiltered & a health hazard. Section 124-3-- Property has become a detriment to the health & welfare of residents& neighbors. Section 12-1-7 - Open storage, rear yard is cluttered with outside storage. Sincerely, Karl W. Grunwald Code Enforcement Officer KWG/gah cc: Public Safety Director cec: 8445 z 353 210 ?96 US Postal Service Receipt for Certified Mail. NoIn! �jr ce Coverage, ed. Do of a for a ional Nail ee reverse -+ . Stre N�br Post Office, (y I ode Postage Certified Fee Special Del'rrery Fee Restricted Delivery F L rn Retum Receipt Shovrin r whom & Data Delivered R Relum RKW M04 to Yltwm, Q Date, & Addressees Address - o TALPostage&Fees----. _..._... o TO - M Postmark or Date : -- - R August 9, 1999 Kevin & Kimberly Rissmiller 386 Sargo Road Atlantic Beach, FL 32233 Dear Mr. & Mrs. Rissmiller:. 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 7th day of September, 1999, AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violations of the following Section(s): Chapter 12, Sections 12-1-3 12-1-4 12-1-7. and 12-1-8. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 386 Sargo Road, a/k/a Lot 23, Block 24 R/P 2A (RE# 171691-0000) in the City of Atlantic Beach, the following condition(s): Excessive -vegetation on property; swimming pool water is stagnant; open storage, rear yard is cluttered; allowing building, fence & property to become unsafe and unsanitary; property is a detriment to public health and safety. 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 Linda Kilis,.Secretary of the Code Enforcement Board within f ive days of the receipt of this notice at 247-5810. 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 ,...,....�.- CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, Petitioner, vs. KEVIN RISSMILLER AND KIMBERLY RISSMILLER, Respondents. --------------------------------- VIOLATION N0. 99-8445 ) �TTBPOENA TO: NAME: KEVIN AND KIMBERLY RISSMILLER STREET 386 SARGO ROAD CITY ATLANTIC BEACH, STATE FLORIDA 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 7TH day of SEPTEMBER, 1999 at 7:30, m• in reference to violation of Chapter 12, Sections 12-1-3, 12-1-4, 12-1-7, and 12-1- 8, of the Code of Ordinances of the City of Atlantic Beach. LOCATION OF VIOLATION: 386 Sargo Road, a/k/a Lot 23, Block 241.R/P 2A, RE## 171691-0000. Failure to appear subjects you to penalty of law. Dated this - 9th day of 1aT7GUST , 1999. 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 Iq—),\JkU"'WSERVED NOTIFICATION TO: KEVIN & RITA RISSMILLER 386 SARGO ROAD ATLANTIC BEACH, FL 32233 This 01 day of 0 ,1999 At 3y A.M.ke5-'. THIS NOTIFICATION WAS TO: CODE ENFORCEMENT I��MXZAMLYWiWWI SIGNATURE OF RECEIVER��G �d DATED S c CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH .RECEIPT OF NOTIFICATION CASE N0. 99-8445 served notification to: Kevin & Kimberly Rissmiller 386 Sargo Road Atlantic Beach, FL.32233 this day of August, 1999, AT 2 6- 2 A.M./ �_;M? This notification was in reference to: A NOTICE OF HEARING OF THE CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF SEPTEMBER 7, 1999 AT 7:30 P.M. IN THE CITY COMMISSION CHAMBERS LOCATED AT 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Server: Signature of Receiver Dated: Please return to the City C1erk's.Office. Thanks. C. B. Date: September 7, 1999 Defendant: Benjamine Brown Case # 99- -8455 Location: 457 Sailfish Drive A/K/A: Lot 1, Block 27, R/P 2A Re: 171374-0000 Violation : Chapter 12, Sec. 12-1-7, Outside storage Miscellaneous Material. Chapter 6, Sec. 6-108, Address numbers not displayed. 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 lumber, plywood, used propane bottle, extension ladder, roofing shingles, car frame, canvas covers, garbage receptacles, other miscellaneous items. 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 2,1999, 5. Notice was achieved by certified mail X hand deliveryposting_ method of service meets with requirements of FI S.S.162-12. 6. 1 did x not—speak with the owner x occupant of the property. 8. The violation is still present x, in compliance _. - -- - - - -- - - 9. In order to achieve compliance, it is necessary to remove all outside storage and install house numbers a minimum of three inches high. 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 August 4,1999. 11. 1 would estimate that five days would be sufficient time to correct the violation. Further comments: Mr. Brown appeared before the board on September 8,1999 for a violation of weeds and rubbish. Because of the nature of the present violations this is not a repeat violation. There is a considerable amount of discarded items stored on the south side of the property and the house numbers are not installed. My suggestions to Mr. Brown to rectify this situation have not been adhered to. Recommendations: It is my recommendation that the Board direct Mr. Brown to remove any outside storage. That house numbers be installed visible from the street a minimum of three inches in height. The failure to do so resulting in a fine of $250.00 per day. Any future violations of this ordinance will result in an automatic fine of $500.00 per day from the day first noticed by the Code Enforcement Officer until such time as the violation is brought into compliance. Witness: Attachment: 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. Code Enforcement Board Meeting: September 7,1999 Case Number 99-8455, Benjamine Brown, P.O. Bog 51513, Jacksonville Beach, F132240 Code Enforcement Officer, $16.35 per hour x 2 hours = $ 32.70 Code Enforcement Secretary, $ 9.83 per hour x 1 hours = $ 9.83 Code Enforcement Attorney, $ 125.00 per hour .50 Hours =$62.50 Postage, Cert. Mail, August 4, 1999 O Karl W. Grunewald Code Enforcement Officer $2.98x2=$5.96 Total Charges $ 32.70 $ 9.83 $ 62.50 $ 5.96 $ 110.99 July 2, 1998 Benj amine Brown P.O. Box 51513 Jacksonville Beach, Fl 32240 Dear Sir: Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: Re: 457 Sailfish Drive a/k/a: Lot 1, Blk 27, Royal palms 2A Re: 171274-0000 Investigation of this property discloses that I have found and determined that you are in violation of City of Atlantic Beach Ordinance Chapter 12, Section 12-1-3 - High Grass &'Weeds Section 12-1-7 - Outside Storage of miscellaneous items & abandoned vehicle in yard. Section 6-108 - Address numbers not visible from street. You are hereby notified that unless the conditions above 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. Crrunewald Code Enforcement Officer PS Form 3800, April 1995 to n o -o to [n z w r ir• 9 3 W m m o y SDG 0 0 w Q, S. OD en 0 o. co -,n N (J1 m N o =, ' n o ° 0 0, (D I T _. . 0 n- N g T m ' (D -,Q En N N t]. t0 9 O O o O ru D CFD 0 CL °' cow CL (�} M W ►� SENDER' I also wish to receive the follow - N ❑ Complete items 1 and/or 2 for additional services. Ing services (for an extra fee): a) Complete items 3, 4a, and 4b. o Print your name and address on the reverse of this loam so that we can return this , > card to you. 1 • ❑ Addressee's Address iv ❑ Attach this form to the front of the mailpiece, or on the back if space does not j ❑ a, permit. 2• Restricted Delivery ❑ Write 'Return Receipt Requested' on the mailpiece below the article number. t = o The Return Receipt will show to whom the article was delivered and the dale i o delivered. 3. Article Addressed to: 4a. A ' NjumbRr a ` E f �� 4b. Service Type e°, J ❑ Registered In Certified t /� ❑ Ex ail []Insuredo .0 ' LL77JJll l eturn Receipt for Merchandise ❑ COD G I f Delivery cc H 5. Received By: (Print Name) c4 Ad es a Address (Only 1f requested and ttjW s p id) i C11 a 0 6 nature (Addressee gent) T r. N OS -Form 38'11, Dece ber 1994 102595.99•B•0223 Domestic Return Receipt A CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA --- -- NOTICE OF HEARING CASE NO. .99-8455 August 9, 1999 Benjamin Brown P.O. Box 51513 Jacksonville Beach, FL .32240 Dear Mr. Brown: 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 7th day of September. 1999, AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violations of the following Section(s) : ,Chapter 12, Section 12-1-3 High grass and weeds, Section 12-1-7, Outside Storage Miscellaneous Material, and _ Chapter. 6, Section 6-1081. Address numbers not displayed. It- is alleged that you are in violation of the above enumerated -code section(s) in that there exists on the premises located at A51 Sailfish Drive, a/k/a Lot 1, Block 27, R/P 2A (RE## 171374-0000) in the City of Atlantic Beach, the following condition (s) : High grams and weeds, Outside Storage Miscellaneous Material Address nuhers not displayed. 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 nas 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 Linda Kilis, Secretary of the Code Enforcement Board within five days of the receipt of this notice at 247-5810. 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 en Rogo eske, Chairman - _- - Code Enforcement Board Petitioner, ) VS. ) SUBPOENA BENJAMIN BROWN, Respondent. ) -------------------------------- TO: -------------- _.__-_-__--_---TO: NAME: BENJAMIN BROWN STREET P.O. BOX 51513 CITY JACKSONVILLE BEACH STATE FLORIDA 32250 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 7TH day of SEPTEMBER, 1999 at 7:30, p. m. in reference to violation of Chapter 12, Sections 12-1-3, 12-1-7, and Chapter 6., Section 6-108, of the Code of. Ordinances of the City of Atlantic Beach. LOCATION OF VIOLATION: 457 Sailfish Drive, a/k/a Lot 1, Block 27, R/P 2A, RE# -171374-0000. Failure to appear subjects you to penalty of law. Dated this 9th day of AUGUST , 1999. %--iz-qq =_ z --o31--520--077- =- US Posta(Service = Receipt or Certified ai CODE ENFORCEMENT BOA] CITY OF ATLANTIC BEA! RECEIPT OF NOTIFICATI CASE NO. 99-8455• I, served not i rn Benjamin Brown c P.O. Box 51513 M Jacksonville Beach, FL 32240 € LL a Re: 457 Sailfish Dr., Atlantic Beach, FL 3- this day of August, 1999, AT A.M./P.M. - -- No Insurance Coverage Provided. Do not use for International Mail (See reverse Se et& u. P t Office, Sta & ZIP a -- � �as� Postage $ - Certified Fee — Special Delivery Fee Restricted Delivery Fee Retum Receipt Showing to Whom & Date Delivered Retum Receipt Showrg to Whom, Date, & Addressee's Address TOTAL Postage & Fees $ Postmark or Date This notification was in reference to: A NOTICE OF HEARING OF THE CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF SEPTEMBER 7, 1999 AT 7:30 P.M. IN THE CITY COMMISSION CHAMBERS LOCATED AT 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature o•f Server: _ Signature of Receiver: Dated: Please return to the City Clerk's Office. Thanks. C. B. Date: September 7, 1999 Defendant: Thomas J. Bennet Case # 99- -8457. Location: 131 Belvedere Street A/K/A: Lot 602, Saltair Re: 170589-0000 Violation : Chapter 24, Sec. 24- 65 (c), No building permit issued. Owner Occupied: — Rental: x Homestead: yes _No x Code Enforcement Board Members: 1. Inspection of the above property revealed that a violation of the code of the City of Atlantic Beach is present. Ownership of the property was determined through the x tax records, a title search, Other 2. The nature of the violation is: No permit has been issued for the installation of a six-foot stockade fence. Fence as installed is in violation of zoning ordinances. 3. Inspection of the property was prompted as a result of a complaint Routine Inspection x 4. Notice of violation was issued to owner x on July 2,1999, 5. Notice was achieved by certified mail X hand deliveryposting_ method of service meets with requirements of FI S.S.162-12. 7 I did x not speak with the owner x occupant of the property. The latest inspection was a result of following up and routine inspection. 9. In order to achieve compliance, it is necessary to remove the existing fence and apply for and receive a building permit. 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 August 4,1999. 11. 1 would estimate that 10 days would be sufficient time to correct the violation. Further comments: Mr.Bennet was notified to obtain a permit for installation of the fence. He was verbally informed that the fence as installed was in violation of the zoning ordinance, Chapter 24, Section 24-157-(a), setback requirements. Recommendations: It is my recommendation that the Board direct Mr. Bennet to remove the fence as now installed and receive a permit from the building department for proper installation of the fence. The failure to do so resulting in a fine of $250.00 per day. Any future violations of this ordinance will result in an automatic fine of $500.00 per day from the day first noticed by the Code Enforcement Officer until such time as the violation is brought into compliance. He should be informed that any future violation of Chapter 24,Section 24-157 (a) on any of his properties will be considered a repeat violation. Witness: /attachment: /_ /,/Z Wil/'` Karl W. Grunewald Code Enforcement Officer 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 maybe recorded in the public records and thereafter shall constitute alien against the land on which the violation exists and upon any other real or personal property owned by the violator. Code ]Enforcement Board Meeting: September 7,1999 Case Number 99-8457, Thomas I Bennet,1771 Sea Oats Drive, Atlantic Beach, F132233 Code Enforcement Officer, $16.35 per hour x 1.50 hours = $ 24.53 Code Enforcement Secretary, $ 9.83 per hour x i hours = $ 9.83 Code Enforcement Attorney, $ 125.00 per hour .25 Hours = $ 31.25 Postage, Cert. Mail, August 4, 1999 Karl W. Grunwald Code Enforcement Officer $2.98x2=$5.96 $ 24.53 $ 9.83 $ 31.25 $ 5.96 Total Charges . $ 71.57 Thomas 1. Bennet 1771 Sea Oats Drive -33, Atlantic Beach, Fl 322-50 Dear Sir: Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: Re: 131 Belvedere Street a/k/a: Lot 602, Saltair Re: 170589-0000 Investigation of this property discloses that I have found and determined that you are in violation of City of Atlantic Beach Ordinance Chapter 24, Section 24-65- C No permit issued for fence newly installed. Fence as installed is in violation of zoning ordinance. You are hereby notified that unless the conditions above described are remedied within five (5) days from the date. of your receipt hereof this case will be turned over to the Code Enforcement Board. Under Florida Statutes 162.09, the Code Enforcement Board may impose fines of up to $250.00 per day £or a first violation and $500.00 per day for a repeat violation.. - - - Sincerely, Karl W. Grunewald Code Enforcement Officer v SENDER: " 1 also wish to receive the follow ) N a complete items t andtor 2 for additional servicer. Ing services (for an extra fee). m Complete items 3, 4a, and 4b. — ❑ Print your name and address on the: u.- 9f this um this m card to you. s riot 1' 0 Addressee's Address - m 13 Attach this form to the front of the n: a: a -r, 2. Restricted Delivery m d permit. T ry N l c ❑ Write Wetum Receipt Requested'on the r -:,tuber. .. 13The ReturnReceipt will show to whom thr ; . 'a date a' a _delivered. °r 3. Article Addressed to: 4a. Article a 3 4b. Service Type f v / al-) 0 Registered4m. �1�ified 0 Lu j '� 7 / 1 .� J 0 Expre ail '1� (ti jr d Ncc etum Receipt f �\ e'`p C�D ? i 1 7. Date f Deliyz cc S. Received By: (Print Name) 8. Addressee's Address,,�O fyffr fg06e tbd and c fee is paid)cc .f 0 6. 3iom ture (Addressee orA nt) PS Form 3811, December 1994 10259s69 -B-0223 Domestic Return Receipt . . Z 353 200.794 US Postal Service ;Receipt for Certified Mai( No Insurance Coverage Provided. r\n —Looe fn In alinnal Unit NPP rPVPl3P.) rn rn t-- rz O 0 Vo M E Sent to Street 1%17� Post Office, State, & ZIP Code Postage Certified Fee Special Delivery Fee Restricted Delivery Fe Fie Return Receipt Sho Whom & Date Delive d Return Receipt Showing to Date, & Addressees Address TOTAL Postage & Fees Postmark or Date 1r ,� -r 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 7t day of ,September. 1999. AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violations of the following Section(s): Chapter 24, Section 24-65(c). No building permit issue . . It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises. located at 131 Belvedere Street, a/k/a Lot 602, Saltair (RE## 170589-0000) in the City of Atlantic Beach, the following condition(s) : No building permit iss d. 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 Linda Kilis, Secretary of -the Code Enforcement Board within five days of the receipt of this notice at 247-5810. 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, CITY OF ATLANTIC BEACH, FLORIDA, Petitioner, VS. THOMAS J. BENNET, Respondent. ) TO: NAME: THOMAS J. SENNET STREET 1771 SEA OATS DRIVE CITY ATLANTIC BEACH, STATE FLORIDA 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 7TH day of -SEPTEMBER, 1999 at 7:30. P. m, in reference to violation of Chapter 24, Section 24-65(c), of the Code of Ordinances of the City of Atlantic Beach.- LOCATION OF. VIOLATION: 131 Belvedere Street, a/k/a Lot 602, Saltair, RE# 170589-0000. Failure to,appear subjects you to penalty of law. Dated this 9th day of AUGUST , 1999. I, Vj c,0(" ��t�/j'1t�f served notification to: OF Thomas J. Bennet 1771. Sea Oats Drive Atlantic Beach, FL 32233. this day of August, 1999, AT �-I; ? f) A.M. P.M. This notification was in reference to: A NOTICE OF HEARING OF THE CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF SEPTEMBER 7, 1999 AT 7:30 P.M. IN THE CITY COMMISSION CHAMBERS LOCATED AT 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Server: V Signature of Receiver: 4� Le�L6-� ty Dated: Please return to the City Clerk's Office. Thanks. City of Code Enforcement Board Case Presentation C. B. Date: September 7, 1999 Defendant: Edward & Cindy Winters Case # 99 -8473 Location: Vacant lot on Stocks St. # 986 A/K/A: Lot 2, Block 160, Section H Re: 170954-0000 Violation : Chapter 12,Sec. 12-1-7, Outside storage of Building Material Owner Occupied: — Rental: _ Homestead: yes _No x Code Enforcement Board Members: 1. Inspection of the above property revealed that a violation of the code of the City of Atlantic Beach is present. Ownership of the property was determined through the x tax records, a title search, Other 2. The nature of the violation is: Outside storage of lumber and other building material on an abandoned construction site. 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 9,1999, 5. Notice was achieved by certified mail X hand deliveryposting- method of service meets with requirements of FI S.S.162-12. 6. 1 did x not speak with the owner x occupant of the property. 7. The latest inspection was a result of following up and routine inspection. 10. Ido X Do not have photographs of the property and violations as they exist on the property. They represent a fair and accurate representation of the property at the time they were taken. 11. 1 would estimate that five days would be sufficient time to correct the violation. Further comments: This is an abandoned construction site. A part of the form boards for the foundation is installed. There is an accumulation of other wood and construction material left on the site. The property is overgrown. A permit was issued for foundation only on August 6,1999 and voided after six months by the Building Department. This property is surrounded by residential homes. Recommendations: It is my recommendation that the Board direct the Mr. Winters to remove the building material, and any other outside storage, to cut all vegetation and continue to maintain the property within five days, failure to do so resulting in a fine of $250.00 per day. Any future violations of this ordinance will result in an automatic fine of $500.00 per day from the day first noticed by the Code Enforcement Officer until such time as the violation is brought into compliance. Witness: Bernard Showers, 974 Stock St., Atlantic Beach, Florida Attachment: Karl W. Grunewald Code Enforcement Officer 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 iri 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. Code Enforcement Board Meeting: September 7,1999 Case Number 99-8473, Edward & Cindy Winters, 4824 Spring Glen Rd., Jacksonville ,Fl 32207-6963 Code Enforcement Officer, $16.35 per hour x 2 hours = $ 32.70 Code Enforcement Secretary , $ 9.83 per hour x 1 hours = $ 9.83 Code Enforcement Attorney, $ 125.00 per hour .25 Hours = $ 31.25 Postage, Cert. Mail, August 3, 1999 Karl W. Grunewald Code Enforcement Officer $2.98x2=$5.96 $ 32.70 $ 9.83 $ 31.25 $ 5.96 Total Charges $ 79.74 Edward & Cindy Winters/Smallwood Construction Co. 4824 Spring Glen Road Jacksonville, Fl 32207-6963 Dear Sir: Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: Re: ,Vacant Lot on Stocks Street a/k/a: Lot 1 to 4 , Blk 160, Section H Re: 170954-0000 Investigation of this property discloses that I have found and determined that you are in violation of City of Atlantic Beach Ordinance Chapter 12, Section 12-1-7 Outside storage of building material. If this is not corrected (removal of material) the violation will be referred to the Department of Business cox Professional Regulation, D. B:P.R. Florida License # CBCO29063 You are hereby notified that unless the conditions above described are remedied within five (5) days from the date of your receipt hereof this case will be turned over to the Code Enforcement Board. tinder 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, ,-- — - - -- - ,y PS Form 3800, April 1995 ox Do EP 0 L a 9, to U 3m0 O Karl W. Grunewald E)' CD ru v Q o O Code Enforcement Officero y CD --� CD vZ O (n N N KWG/gah NCD cc: Public Safety Director cec: 8473 ON in Z. o o CD. N N C O c (D m EP 0 a 9, to U 3m0 w E)' CD ru n q g Q� O CD --� o co — _ _ o m —O w N N �m U y N O aS � _ C M� N � C 0 CD a m s m y O C, T U m > (0 N u a a L ? 0 ❑ ❑ r y Q 0 Q w U N d: E N U N E O N O A C) N o, �o 0v0 o j3 f n E i. � i - N U d C O•.0 vJl tp � ,p M d r pj CO 01� N .0ol a) a) m .! ! o / NNE �n i• U c ¢• ��€ jE dli r m a r mm� oy mdo� >•� 'atii Q a)'0 co W EEcEm€.�m> v t a� '(4E :v W 00 8,L cdi¢ n3E3 El D �`v 4 y �� :. -= - - .♦ LeAls as18naa ay; uo pa;alduioo sSaUCHN NUn.U18 anoA s! 41 -. ..ter . CIO -- - - - _ --- - - -- CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 99-8473 August 9, 1999 Edward & Cindy Winters Smallwood Construction Co 4824•Spring Glen Road Jacksonville FL 32207-6963 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 7th day of September, 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 12 S c ion :L2-1- 7. Outside storage of Building Material. it is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at a vacant lot on Stocks St. #986, a/k/a -Lot 2, Block 160, Section. H, (RE#170954-0000) the City of Atlantic Beach,. the following condition(s): outside storage of building material. 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 Linda Kilis, Secretary of the Code Enforcement Board, within five days of the receipt of this notice at 247-5810. 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. ATTEST: SECRETARY CITY OF ATLANTIC BEACH, FLORIDA, ) _ VIOLATION NO. _99-8473 Petitioner, ) VS. ) SUBPOENA EDWARD WINTERS and CINDY WINTERS, Respondents. ) ________________________________ ) TO: NAME: EDWARD WINTERS and CINDY WINTERS STREET 4824 Spring Glen Road CITY Jacksonville, STATE Florida 32207-6963 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 7TH day of SEPTEMBER 1999 at 7-30. m. in reference to violation of Section(s): 12-1-7 of the. Code of'Ordinances of the City of Atlantic Beach. LOCATION OF VIOLATION: Vacant lot on Stocks St., #986, a/k/a Lot 2, Block 160, Sec. H, RE# 1.70954 -0000 - Failure to appear subjects you to penalty of law. Dated this-31-b—day of -A na . , 1999. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION I, • served notify Edward a Cindy Winters Smallwood Construction Co/ 4824 Spring Glen Road Jacksonville, FL 32207-6963 this day of August, 1999, AT A.M./P.M. Z 031, -520 07.8 - US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Set Tel Number st office, State, & Z Code ��.ao�l-101 Postage Certified Fee Special Delivery Fee Restdcted Delivery Fee to Return Receipt Showing to *- Whom & Date Delivered Retum Receipt S 040 to Whom, Q Date, a Addressee's Address CDTOTAL Postage & Fees M PostmadcorDate E `o U_ o_ This notification was in reference to: A NOTICE OF HEARING OF THE CODE -ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF SEPTEMBER 7, 1999 AT 7:30 P.M. IN THE CITY COMMISSION CHAMBERS LOCATED AT 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Server: 'Signature -of Receiver: Dated: Please return to the City Clerk's Office. Thanks. . �•,UjJj.r' 1SlVA Vi�l+�14L'L\i ,v vrrr..�. _-.________.__.__-__ __.___ CITY OF ATLANTIC BEACH, FLORIDA CITY. OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. x9.9-8473 Petitioner, ) VS. ) EDWARD WINTERS and CINDY WINTERS, Respondents. ) -----.:------------ -------------- TO: ------- --- TO: NAME: STREET CITY STATE GREETINGS: BERNARD SHOWERS 974 Stock Street Atlantic Beach, Florida 32233 SUBPOENA 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 7TH day of, SEPTEMBER 1999 at 7:30_9__M• in reference to violation of Section(s): 12-1-7 of the Code of Ordinances of the City of Atlantic Beach. LOCATION OF VIOLATION: Vacant lot on Stocks St., #986, a/k/a Lot 2, Block 160, Sec. H, RE#.170954-0000. Failure to appear subjects you to penalty of law. Dated this 9th day of_Lu_cMBt_, 1999 - CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION CASE NO. 99-8473 I, j Q1z" o1" served notification to: Bernard Showers 974 Stock Street Atlantic Beach, FL 32233 this day of August, 1999, AT A. M. (�P P .,�P This notification was in reference to: A NOTICE OF HEARING OF THE CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF SEPTEMBER 71. 1999 AT 7:30 P.M. IN THE CITY COMMISSION CHAMBERS LOCATED AT 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Server: U Signature of Receiver: Dated: 0j /,2