01-07-97 CEB Meeting MinutesCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
JANUARY 7, 1997
Call to order: PRESENT: Edward Martin, Chairman
Ken Rogosheske
Theo Mitchelson
Heywood (Pete) Dowling
Richard S. Mann
AND: Suzanne Green, Prosecuting Attorney
Alan C. Jensen, City Attorney
Karl Grunewald, Code Enforcement Officer
Julie M. Brandt, Secretary
The meeting was called to order at 7:30 p.m. by Chairman Ed Martin, followed by the Pledge of
Allegiance to the Flag by all present.
1. Approval of Minutes of November 12, 1996
A motion was made by Ken Rogosheske, seconded by Theo Mitchelson and unanimously
carried to approve the Minutes of the Regular Board Meeting held November 12, 1996.
Chairman Martin announced Kathleen Russell had resigned from the Board and the Mayor would
make an appointment to fill the vacancy. It was also announced there would be a Special Called
Meeting of the Board on Tuesday, January 28, 1997 at 7:30 PM.
2. Recognition of Visitors and Guests regarding any matters that are not listed on the
agenda.
No one wished to speak..
3. OLD BUSINESS:
Chairman Martin read case hearing procedures for the following cases: #0107, #4404 and #4807
and all witnesses were sworn in.
Karl Grunwald, Code Enforcement Officer, reported on the following cases:
Case No. 97-0107 - Sarah and Charles Bratcher - property lying between West 9th Street
and West 10th Street
Prosecuting Attorney Green read the charges against the Bratchers and recommended assessing a
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January 7, 1997
fine lienable to the property.
Code Enforcement Officer Grunwald passed out photographs showing the shrimp boat had been
placed on a trailer and moved next to the house, but had not been removed from the property by
the November 15, 1996 deadline set by the Board. He then reported this matter was being
brought back before the Board due to the magnitude of the fine of $250.00 per day being levied
against the property.
Charles Bratcher spoke to the Board and stated the boat was legally parked on a trailer next to his
home and had been moved from the property he no longer owned in Block 67. Mr. Grunewald
explained Mr. Bratcher had not sold that part of his property on which the shrimp boat was
located when the case was first brought before the Board on May 7, 1996.
Prosecuting Attorney Green asked Mr. Bratcher if the boat was on a titled, licensed boat trailer
and Mr. Bratcher stated that it was not licensed at this time. He further stated the shrimp boat
was a federally registered vessel legally parked on his property.
Board Member Rogosheske asked Mr. Bratcher if he understood the Findings of Fact issued by
the Board in May. Mr. Bratcher stated he understood the Findings of Fact and had been
advised by his attorney the boat was now legally parked on his property.
Chairman Martin stated the shrimp boat had not been repaired, had not been removed from the
property and was not on a licensed trailer. He then asked Mr. Bratcher how much time was
needed to repair the boat considering he had been given from May 7, 1996 to November 15,
1996 to repair and remove the boat and now an additional fifty-three (53) days had gone by and
the boat still had not been dealt with.
Mr. Bratcher stated the man he had contacted to repair the boat had not come to do the work.
A motion was made by Theo Mitchelson, seconded by Ken Rogosheske and unanimously
carried to find Mr. Bratcher in violation of Chapter 12, Section 12-01-07 of the Code of the
City of Atlantic Beach.
After some discussion of the original fine of $250.00 per day, Chairman Martin recommended the
fine be reduced to $25.00 per day for each day the violation continues past the November 15,
1996 deadline to remove the boat. Mr. Bratcher informed that the Board did not want the
shrimp boat destroyed, but removed from the property as stipulated in the May 7, 1996 Findings
of Fact.
A motion was made by Richard Mann to reduce the fine to $15.00 per day for each day the
violation continues past the November 15, 1996 compliance date. This motion died for lack
of a second.
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January 7, 1997
A motion was then made by Chairman Edward Martin, seconded by Ken Rogosheske and
carried by a three to two vote, with Board Members Mitchelson and Mann voting nay, to
reduce the fine from $250.00 per day to $25.00 per day continuing until the property is
brought into compliance.
Chairman Martin asked Mr. Bratcher if he had any questions, and Mr. Bratcher questioned why
he was being fined for having what he believed to be a legally parked boat on a trailer in his yard
and called the Board's action unfair and unjust.
Prosecuting Attorney Green advised that an amendment to the previous order was required
indicating the reduction in fine.
Case No. 96 -4404-Thomas and Rhonda O'Connell -451 Camelia Street. The owner of the
property is in violation of Chapter 12, Section 12-1-3 Code of the City of Atlantic Beach in that
there exists on the premises located at 451 Camelia Street the following condition(s): property is
a detriment to the safety of the community, i.e., dead pine trees in the yard threaten the
safety of surrounding homes.
Code Enforcement Officer Grunewald reported the owners of the property had again refused
service of notice to appear before the Code Enforcement Board and stated that he was requesting
the Board's permission to serve notice by posting the property and placing a notice at City Hall as
allowed in Florida Statutes 162.12(b)1. It was pointed out the first posting of the property
served as notice of the violation.
The Board agreed to the request and directed Mr. Grunewald to post the notice on the property
and at City Hall.
A motion was made by Ken Rogosheske, seconded by Lou Etta Waters and unanimously
carried directing Code Enforcement Officer Grunewald to serve notice by posting the
property and placing a notice at City Hall.
Mr. Hromco who had been subpoenaed as a witness was present and Board Member Mitchelson
asked if the Board could hear testimony concerning the case. Prosecuting Attorney Green
advised the Board could not hear evidence without having served proper notice and the
O'Connells present to hear the testimony.
The Board thanked Mr. Hromco for coming and he stated he would be present at the next
meeting.
Case No. 96 -4807-Yousuf Sultani-43 Stanley Road. The owner of the property is in
violation of Chapter 12, Section 12-01-08 Code of the City of Atlantic Beach in that there exists
on the premises located at 43 Stanley Road the following condition(s): trailer located at this site
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January 7, 1997
has become a detriment to the health, welfare and safety of the community.
Chairman Martin read the charges against Mr. Sultani and Code Enforcement Official Grunwald
was sworn in to give testimony.
Code Enforcement Official Grunewald reported that as of today's date Mr. Sultan was in
compliance. However, he had failed to remove the debris and trash from his property by
December 2, 1996 date set by the Board and now faced a $50.00 per day fine for the thirty-six
days the property was in non-compliance beyond said date.
Chairman Martin inquired what had been accomplished on the property. Mr. Sultan stated the
trailer was gone, but the debris had not been completely cleaned up because his mother became ill
and he had to go to Virginia for twenty days.
Chairman Martin then asked Code Enforcement Official Grunewald what was left on the property
after the December 2, 1996 date and was told the debris and trash were stacked on the right-of-
way but there was no garbage pick up to the property and it remained on the site. Mr. Grunewald
further stated that the property is now in compliance and recommended a reduced fine for Mr.
Sultan.
Some discussion ensued and Board Member Mitchelson stated that he believed effort was being
made and Mr. Sultan had not tried to circumvent the Board's order. Chairman Martin concurred
with Mr. Mitchelson and stated he believed the $1,800.00 fine was out of order.
A motion was made by Richard Mann, seconded by Theo Mitchelson and unanimously
carried to suspend the $1,800.00 fine and impose a one time fine of $100.00 because said
property was in non-compliance after the December 2, 1996 date for compliance, and as of
today's date was in compliance. The Board also directed that the previous order be
amended to reflect the change.
Mr. Sultani stated that he believed he should be subject to no fine because the illness of his mother
was beyond his control. Chairman Martin stated the Board recognized his efforts by reducing the
fine.
Case No. 96 -5305-Robert I Stewart -348 Church Road. The owner of the property is a
repeat violator Chapter 16, Section 16-3 and Chapter 12, Section 12-01-03 in that there exists on
the premises located at 348 Church Road the following condition(s): failure to use trash
receptacle and trash and garbage in the yard.
Prosecuting Attorney Green reported Mr. Stewart was a repeat violator of Chapter 16, Section
16-03 and Chapter 12, Section 12-01-03 of the Code, and he had been properly served notice of
the violations.
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January 7, 1997
Referring to a memo written by Code Enforcement Official Grunewald, Chairman Martin related
that the property had not been cleaned up by the October 18, 1996 date as ordered, but was
brought into compliance as of October 31, 1996, resulting in a fine of $350.00.
Mr. Stewart stated that neighborhood dogs had been strewing his garbage about the property, but
he now had the problem resolved and understood he was to keep his property clean.
After a brief discussion, a motion was made by Chairman Ed Martin, seconded by Board
Member Ken Rogosheske and unanimously carried to suspend the $350.00 fine and impose
a one time fine of $100.00. If the property comes into non-compliance again, the Board
directed that a $25.00 per day fine be imposed until such time as said property is found to
be in compliance to the satisfaction of the Code Enforcement Officer.
Considerable discussion ensued concerning possible fines to be imposed and the maximum fine the
Code Enforcement Board could levy for a repeat violation.
4. NEW BUSINESS:
None.
6. REQUEST FOR LIEN ACTION:
Name Address Amount of Lien
7.. BOARD MEMBER COMMENTS:
None.
8. ADJOURNMENT
There being no further business or discussion to come before the Board, the meeting was
adjourned at 8:15 PM.
G.E. Martin, Chairman
Code Enforcement Board
Attest:
Julie M. Brandt, Secretary