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09-02-97 CEB Agenda PacketCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P.M., SEPTEMBER 2, 1997 Call to order Pledge of Allegiance to the Flag Roll Call Approval of the Minutes of the Regular Meeting held April 29, 1997 and the Special Called Meeting held June 10, 1997. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda 3. OLD BUSINESS: Code Enforcement Official Karl Grunewald will present follow-up reports on the following properties: Case No. 96-4629 - Willie Knight - 790 Sailfish Drive. The owner of the property is in violation of the Standard Plumbing Code Sections 601.2 and 604.3 and Chapter 22, Sections 22- 41 and 22-29, Failure to Pay Past Due Bill of the Code of the City of Atlantic Beach in that there exists on the premises located at 790 Sailfish Drive the following condition(s): failure to be connected to an approved water system and failure to pay past due water bills. During the July 2, 1996 Code Enforcement Board Meeting, Mr. Knight was found to be a repeat offender in violation of the Standard Plumbing Code and Chapter 22, Sections 22-41 and 22-29 of the Code of the City of Atlantic Beach. The Board voted to imposed a one time $500.00 fine on Mr. Knight for said violations and to remove the water meter serving the property as of July 3, 1996 to eliminate the possibility of a cross -connection. The property was sold in June and the $500.00 lien was paid at that time. Case No. 97 -4237 -Linty C. Lane, 1970 Park Street. The owner of the property is in violation of Chapter 12, Section 12-01-08 of the Code of the City of Atlantic Beach in that there exists on the premises located at 1970 Park Street the following condition(s): The building has fallen into a state of disrepair and is in an unsanitary and unsafe condition. It appears the owner has abandoned the property. Agenda Page -2- Code Enforcement Board September 2, 1997 During the April 29, 1997 Code Enforcement Board Meeting, Linzy C. Lane was found to be in violation of Chapter 12, Section 12-01-08 of the Code. The Board gave Mr. Lane until May 5, 1997 to secure the house in a manner approved by the Code Enforcement Official. If the property is in non-compliance after that date, a fine of $10.00 will be levied and continued until compliance is reached to the satisfaction of the Code Enforcement Official. Mr. Lane complied with the Board's order to secure the building prior to the May 5, 1997 deadline and no daily fine was imposed. However, Don Ford, in his capacity as Building Official, has initiated condemnation proceedings against the property. Case No.97-6198 Ernest "Rocky" Russell (owner) and C. J. Eiras (occupant) and Corporation Officer, Artistic and Cultural Enlightenment Society, 86 Ocean Boulevard. The owner of the property is in violation of Chapter 18, Section 2, Failure to Register for the Purpose of Soliciting, Chapter 20, Section 52, Operating Without Proper Licensing, Chapter 24, Section 107, Commercial Business in a Residential District, No Use By Exception Granted, Section 161, Insufficient Parking for Present Use Code of the City of Atlantic Beach and Florida Statute 823.05 Places Declared a Public Nuisance in that there exists on the premises located at 86 Ocean Boulevard, a/k/a Lot 7, Block 34, Atlantic Beach (RE# 170225-0100) the following condition(s): operating a commercial business in a residential district, no Use by Exception granted, insufficient parking for present use, operation of business without proper licensing, failure to register for the purpose of soliciting, failure to comply with the Florida Accessibility Code in its entirety, failure to comply with the Life Safety Code and the Standard Building Code. During the June 10, 1997 Special Called Meeting of the Code Enforcement Board, C.J. Eiras, Corporate Officer of the Artistic and Cultural Enlightenment Society, was found to be in violation of: Chapter 18, Section 2, Failure to Register for the Purpose of Soliciting, Chapter 20, Section 52, Operating Without Proper Licensing, Chapter 24, Section 107, Commercial Business in a Residential District, No Use By Exception Granted, Section 161, Insufficient Parking for Present Use Code of the City of Atlantic Beach and Florida Statute 823.05 Places Declared a Public Nuisance. The Board found the operation cannot be reopened without proper licenses and permits obtained to take care of the deficiencies noted in the charges. If it is reopened, a fine of $250.00 per day will be levied against the property beginning the day it is reopened and continuing every day of operation until compliance is reached to the satisfaction of the Code Enforcement Officer. The Board also voted to assess an amount equal to 50% of the verified costs, not to exceed $1,000.00 due and payable to the City within thirty days, for the city's administrative expenses involved in processing the case. (These costs were determined to be $3,761.78). Agenda Page -3- Code Enforcement Board September 2, 1997 The deadline to pay the $1,000.00 administrative costs was July 13, 1997. As of this date, the invoice has not been paid. A memo was written to Detective Dale Hatfield requesting sworn statements from any officers witnessing operation of the ACES Social Club after June 10, 1997. If the club was in operation, an additional fine of $250.00 per day for each day of operation would be levied. As of this date, no information has been received from the Public Safety Department. If Mr. Eiras does not pay the $1,000.00 administrative costs by September 2, 199'-- we will request lien action under Item 5 of the agenda. 4. NEW BUSINESS: Case No. 97-6468 - Michael Banks - 731 Begonia Street. Michael Banks, occupant of the property owned by Larry Lively, is in violation of Chapter 12, Section 12-1-6 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): trash and other items stored in the front yard. Case No. 97-6264- August F. Covelli, Jr. - 732 Aquatic Drive. The owner of the property is in violation of Chapter 12, Section 12-1-3 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): high grass and weeds in the rear yard creating a health, safety and welfare condition. Mr. Covelli is a repeat violator having been cited four times since 1993 for the same violation. Case No. 97-5574 - Michelle Fennick - 56 West 6th Street. Ms. Fennick, owner of Beaches Recycling, is 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 the following condition(s): outside storage, discarded metal items, and the possible operation of a metal salvage yard. Case No. 97-5133 - Paul Ferber, Shoppes of North Shore - 363 Atlantic Boulevard #3. The owner of the property is in violation of the Accessibility Code, Section 4.6.4 in that there exists on the premises the following condition(s): failure to install the required handicapped signage in one of three required parking spaces. Mr. Ferber was first notified of the violation on September 16, 1996 and has been slow to bring about compliance. Case No. 97-6454 - John Kent, Atlantic Theaters - 751 Atlantic Boulevard. The owner of the property is in violation of Chapter 24, Section 24-177 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): failure to install a landscape buffer median separating the Atlantic Theaters building and the old Pic `N Save building. Atlantic Theaters has requested a hearing before the CDB on August 19, 1997 to be granted a delay on construction of the median. The outcome of this meeting will determine our course of action. Agenda Page -4- Code Enforcement Board September 2, 1997 Case No. 97-5915 - James McLaurin - 571 Camelia Street. The owner of the property is in violation of Chapter 12, Section 12-1-6 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): a large dead oak tree in the rear yard is endangering the home and surrounding homes. Case No. 97-6383 - John Omeara, Southern Exposure International (Estate Sale) - 296 Royal Palms Drive. The owner of the property is in violation of Chapter 24, Section 24-154 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): outside display of used items and unpermitted signs displayed. Case No. 97-6079 - John Shields - 405 Aquatic Drive. The owner of the property is a repeat violator in violation of Chapter 24, Section 24-163-3 of the Code of the City of Atlantic Beach in that there exists on the premises the following condition(s): boat stored in front of the front yard setback line. Since 1993 there have been eight complaints against the property for garbage and trash, weeds, boats and cars. Case No. 97-6311 - San Hung Tong - 434 Skate Road. The owner of the property is a repeat violator in violation of Chapter 12, Section 12-1-3 in that there exists on the premises the following condition(s): high grass and weeds in the front, side and rear yards. 5. REQUEST FOR LIEN ACTION: Name Address Amount of Lien C.J. Eiras 86 Ocean Boulevard $1,000.00 6. BOARD MEMBER COMMENTS: 7. ADJOURNMENT CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES APRIL 29, 1997 Call to order: PRESENT: Edward Martin, Chairman Ken Rogosheske Theo Mitchelson Lou Etta Waters Richard S. Mann Tammy Deitchman ABSENT: Heywood (Pete) Dowling AND: Suzanne Green, Prosecuting Attorney Alan C. Jensen, City Attorney Karl Grunwald, 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. Board Member Dowling asked permission to be excused due to a family emergency and left the meeting at 7:35 p.m. Chairman Martin congratulated Code Enforcement Officer Grunewald on attaining a State of Florida Level III Certification in Code Enforcement. 1. Approval of Minutes of March 4, 1997 The minutes of the Regular Code Enforcement Board Meeting of March 4, 1997 were approved as presented. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda. No one wished to speak. 3. OLD BUSINESS: Case No. 97 -5532 -Pulte Home Corporation/North Florida Classic Homes -West 5th Street. The owner of the property is in violation of Chapter 23, Section 23-17 Code of the City of Atlantic Beach in that there exists on the premises located at West 5th Street the following condition(s): trees were removed from the property not authorized for removal by the Tree Conservation Board - clear cut the property. Minutes Page -2- Code Enforcement Board April 29, 1997 Code Enforcement Officer Grunwald reported during the January 28, 1997 Special called meeting, the Code Enforcement Board imposed a $5,000.00 fine on Pulte Home Corporation which was paid, and during the March 4, 1997 Code Enforcement Board Meeting, Pulte Homes offered to plant trees in Section H, as recommended by the Tree Board, and were in negotiations at that time. Mr. Grunewald passed around a letter from Pulte Home asking that the Tree Board postpone any action on mitigation until the June Tree Board Meeting to allow Pulte Homes the extended time to establish the integrity of their intentions. Case No. 97 -5489 -Gordon Ogburn, 440 Ocean Boulevard. The owner of the property is in violation of Chapter 24, Section 157 and Chapter 24, Section 24-65-(c) Code of the City of Atlantic Beach in that there exists on the premises located at 440 Ocean Boulevard the following condition(s): a fence over sig feet prohibited and permit required i.e., the fence is over six feet tall and no permit for installation is on file. To update the Board, Code Enforcement Officer Grunewald reported that during the March 4, 1997 Code Enforcement Board Meeting, the Board found Mr. Ogburn in violation of Chapter 24, Sections 157 and 65-(c) of the Code of the City of Atlantic Beach and assessed him an amount of $100.00 for the city's administrative expenses involved in processing the case. It was further reported that Mr. Ogburn paid the $100.00. Case No. 96-4629 - Willie Knight - 790 Sailfish Drive. The owner of the property is in violation of the Standard Plumbing Code Sections 601.2 and 604.3 and Chapter 22, Sections 22- 41 and 22-29, Failure to Pay Past Due Bill of the Code of the City of Atlantic Beach in that there exists on the premises located at 790 Sailfish Drive the following condition(s): failure to be connected to an approved water system and failure to pay past due water bills. To recap the Knight Case, Code Enforcement Officer Grunewald reported that during the July 2, 1996 Code Enforcement Board Meeting, Mr. Knight was found to be a repeat offender in violation of the Standard Plumbing Code and Chapter 22, Sections 22-41 and 22-29 of the Code of the City of Atlantic Beach. The Board imposed a one time $500.00 fine on Mr. Knight for said violations and had the water meter serving the property removed as of July 3, 1996, to eliminate the possibility of a cross -connection. It was reported the property has been cleaned up and properly connected to the city's water system, and was in the process of being sold. The title company handling the property is aware of the $500.00 fine. 4. NEW BUSINESS: Minutes Page -3- Code Enforcement Board April 29, 1997 In reference to case No. 97-5603, Chairman Martin stated the duty of the Code Enforcement Board, as a quasi-judicial body, was to determine if a violation of the city code exists and not to establish ownership of property, which is outside the jurisdiction of the board. Case No.97-5603-Bill Williams, President, Beaches Aquatic Pool, Inc., 297 Aquatic Drive. The owner of the property is in violation of Chapter 12, Section 12-01-03 and Section 12-01-04 Code of the City of Atlantic Beach in that there exists on the premises located at 297 Aquatic Drive a/k/a Tract 3, Aquatic Gardens, the following condition(s): trash and rubbish floating on the water and in the vegetation on the pond, i.e., an accumulation of paper, plastic bottles and similar items floating in the pond. Chairman Martin read the case procedures and all witnesses in the case were sworn in. Prosecuting Attorney Green read the charges against Beaches Aquatic Pool, Inc. and stated that Mr. Grunewald would testify before the Board concerning the long history of the property and that he would present a second violation citing the President of Beaches Aquatic Pool, Inc. for trash and rubbish floating on the pond and as to the date the occurrence took place. Code Enforcement Officer Grunewald stated that during the November 12, 1996 Code Enforcement Board Meeting, Bill Williams, the registered agent for Beaches Aquatic Pool, Inc., was found to be in violation of Chapter 12, Section 12-01-03 of the Code of the City of Atlantic Beach. At that time no fine was levied against the property because it was brought into compliance. However, the Board determined if it was found to be in non-compliance of Section 12-01-03 in the future, a fine may be levied from the day the property is found to be in non- compliance, which was January 30, 1997. After the update, photos taken April 2, 1997, of the subject property were passed out showing the floating debris and pond vegetation. Mr. Grunwald stated Mr. Williams was served notice of the violation on February 17, 1997, which was signed for by his wife, June Williams. It was further reported as of today's date, the pond was in much the same condition as depicted in the photos. Mr. Grunwald stated he had contacted the St. Johns County River Water Management District concerning the pond vegetation and was told it was a natural occurance and posed no health problem, and the property owner would have to decide to remove it or not. Code Enforcement Officer Grunewald further reported the property owner was responsible for the upkeep of his property, regardless the source of the trash and debris and regardless the fact the property is a pond. In its present condition, Mr. Grunewald indicated the property posed a health hazard to those who live adjacent to the pond. Minutes Page -4- Code Enforcement Board April 29, 1997 Chairman Martin inquired as to the date of the pictures and the present condition of the pond. Code Enforcement Official Grunewald stated the pond was in the same condition as shown in the pictures except that some of the vegetation had disappeared. Theo Mitchelson inquired as to the ownership of the property in question and was informed by Chairman Martin the owner according to the tax records was Beaches Aquatic Pool, Inc., represented by Bill Williams. Code Enforcement Officer Grunewald pointed out ownership of the property was clarified by City Attorney Jensen in his letter dated March 14, 1997, which is attached and made part of this official record as Attachment A. Mr. Mitchelson then inquired if any decision had been made by the City Commission to assume responsibility for maintenance of the pond and was told it had no assumed any responsibility for the maintenance. At this point, Chairman Martin reiterated the Board was not meeting to determine ownership of the property. Alan W. Potter of 374 Second Street, Vice -President of Beaches Aquatic Pool, Inc., spoke on behalf of Beaches Aquatic Pool. Mr. Potter read a prepared statement concerning his proposed testimony in response to: the letter of notice dated 1-30-97, the subpoena dated 3-24-97 and letter of notice and order dated 3-24-97 and steps to be taken should the decision by the Board be appealed. Chairman Martin stated that Mr. Potter could present evidence as long as it dealt with the violation, not with ownership of the property. However, Mr. Potter then stated he may make reference of necessity to certain items concerning the dedication of the pond to create a record for appeal should it become necessary. Chairman Martin stated this would be acceptable as long as it was relevant to the subject at hand. Mr. Potter continued by stating Beaches Aquatic Pool, Inc. does not deny they own the land under the pond and contend based upon the law of the public record that the city owns an easement over the land and the enjoyment of that easement has caused the dispute. Continuing, Mr. Potter stated that he wanted the record to reflect this information because Florida Statutes state the entire case must be presented before the Code Enforcement Board, not a circuit judge, who will only review on appeal. Chairman Martin responded to Mr. Potter and stated the Board would decide if a violation of Chapter 12 Sections 12-1-4 and 12-1-3 exists and nothing else. . Mr. Potter responded that the question was who did the violation - Beaches Aquatic Pool or the City of Atlantic Beach? Chairman Martin replied the only person the Board could look to is the Minutes Page -5- Code Enforcement Board April 29, 1997 owner of record. If the property is found to be in violation, then the owner of record, which in this case is Beaches Aquatic Pool, Inc., will be cited. It was pointed out the issue was not who committed the violation. Mr. Potter then replied that he wished to establish whose water is on the pond and whose water is holding the trash. — Chairman Martin then stated he was not interested in whose water was on the pond. He further stated the legal owner of the pond is Beaches Aquatic Pool, Inc. and advised Mr Potter he could establish all the case he wanted on whether or not there is a violation of the code, but the Board will not allow him to establish a record for something beyond its jurisdiction. Mr. Potter then stated he would skip that portion of the presentation but wished to enter his entire presentation into the record for purposes of appeal, if necessary. Chairman Martin then asked for a legal opinion on this request. Prosecuting Attorney Green stated for the purposes of an evidentiary matter, the city would object to the admission of his statement on relevancy grounds for the purpose of this hearing. The Board was advised they could accept the statement and admit it into the record, but there will be an objection to anything presented which is not relevant. Mr. Potter then stated that Beaches Aquatic Pool, Inc. believes the allegations of Mr. Karl Grunewald, Code Enforcement Officer for the City of Atlantic Beach, improperly identified Beaches Aquatic Pool, Inc. for the alleged violations. Information was reviewed for relevancy by Prosecuting Attorney Green and then given to the Board by Mr. Potter. All information presented by Mr. Potter is attached and made part of this official record as Attachment A. Mr. Potter stated the organization was not in violation of Section 12-1b(4) because the water in the retention pond is not stagnant, there are no mosquito larvae and the waters are home to fish and other wildlife. Mr. Potter also stated the organization was not in violation of Section 12- 18(3) because the retention pond receives stormwater flow containing garbage and debris from all areas in Aquatic Gardens Subdivision. Mr. Potter also pointed out other sources of debris and garbage that end up in the pond and stated the Code Enforcement Officer had not been able to prove any member of Beaches Aquatic Pool deposited rubbish and litter into the retention pond and asked that both violations referenced be dropped. Attorney Green showed Mr. Potter a copy of the tax rolls indicating the owner of the property (retention pond) to be Beaches Aquatic Pool, Inc., and asked if they were the owners of Tract 3, Aquatic Gardens and Mr. Potter replied yes. Attorney Green then inquired if there was rubbish Minutes Page -6- Code Enforcement Board April 29, 1997 floating on the pond as of today and Mr. Potter stated there was rubbish (plastic bottles, trash, paper, etc.) floating on the pond. Thirdly, Mr. Potter was asked if there were young children playing in the area, and Mr. Potter stated he did not know the ages of the children, but they did play in the area and fish in the pond. Attorney Green then asked if was true the rubbish had been in the pond for at least three months, and Mr. Potter replied that it probably had been in the pond three months and perhaps longer. Attorney Green then inquired as to germs accumulating in the rubbish and Mr. Potter replied that neither Mr. Grunewald nor he had identified any germs in the pond. At this point, Chairman Martin asked the Board if they had any questions for Mr. Potter and no one spoke. Mr. Potter then inquired as to Code Enforcement Official Grunewald's credentials and Mr. Grunewald indicated he had among other certifications more than twenty years of experience, including a Level III Certification in Code Enforcement. Mr. Potter then asked if Mr. Grunwald was trained as a biologist or virologist and he stated he was not. Prosecutor Green objected to the question on the grounds of relevancy. Mr. Potter continued with regard to germs and the Nuisance Ordinance terminology concerning "a detriment to public health"..., and Mr. Potter then asked if Mr. Grunewald was qualified to confirm the presence of any harmful bacteria or viruses in the pond as a result of the floating plastics. Mr. Potter then inquired as to how ownership of the property was determined and Mr. Grunewald stated the information was obtained from the Duval County Tax Roll. He then asked if Mr. Grunewald had ascertained that the City was the beneficiary of a perpetual easement over Tract 3, and Mr. Martin stated the question would not be allowed. Considerable discussion concerning the pond continued with Mr. Potter quoting from the Nuisance Ordinance and stating Mr. Grunwald was not qualified to determine if the pond was in fact "a detriment to public health". Prosecuting Attorney Green objected and stated Mr. Grunewald was not an expert witness, but a fact witness who brought information to the Board of what he observed. At this point, Mr. Potter objected to being accused of something that might be harmful which has not occurred --------he concurred the pond was unsightly, but maintained it was not injurious to the health of anyone. Mr. Potter then passed out photos of the pond taken on April 2, 1997. After viewing the pictures, Mr. Potter stated Beaches Aquatic Pools, Inc. had limited funds and no action should be taken against them to pay a fine or maintain the pond, which he contended should be maintained by the City, because the expenses would limit the ability of the organization to provide programs for the public. Minutes Page -7- Code Enforcement Board April 29, 1997 After a cursory review of a document given each Board Member, Prosecuting Attorney Green stated for the record she had been handed a composite exhibit entitled "Alan W. Potter, Sr." and indexed to the documents and objected to the document on grounds of hearsay, relevancy and duplicity. Chairman Martin then asked Mr. Potter if any of the documents presented addressed whether or not the pond is in violation, and he replied yes and referenced the copy of the Vortex contract for spraying of the pond between 1983 and 1995. At this point, Chairman Martin asked Code Enforcement Official Grunwald for his definition of "well being" as found in Section 12-1(3) ... which may be injurious to the health and well-being of the community. Code Enforcement Official Grunwald stated that from past experience as a Code Enforcement Officer, when there is trash and rubbish which accumulates, whether on water or on the ground, it breeds germs, mosquitoes, etc. Code Enforcement Official Grunewald pointed out the section does not specifically say Mr. Potter or anyone threw the trash in the pond, but states for any person to allow, suffer or permit this to happen. It was also pointed out the section stated " ... which may be injurious (with emphasis on may be)..." Mr. Grunewald then stated it does not have to be injurious to the health and well-being of the community, but shall be unlawful to deposit rubbish of any kind which may be injurious... also, it was emphasized in Section 12-1(4) with regard to the water in the pond, that "necessary precautions to prevent the propagation of mosquitoes therein" should be taken, and Beaches Aquatic Pool had not done so. At this point, Mr. Potter objected and stated Mr. Grunewald was not describing the pond as it now exists. Board Member Rogosheske then asked Mr. Potter if Beaches Aquatic Pool, Inc. had been cited before and Mr. Potter stated that they were previously cited for weeds, which were mowed. The present citation is a new violation, has nothing to do with weeds, and never occurred before. Mr. Rogosheske also indicated he had viewed the pond on the nightly news and saw all of the floating debris and heard the neighbors' complaints asked Mr. Potter if it was Beaches Aquatic Pools view of maintaining a neat and orderly property? Mr. Potter replied it was not, however, the organization had tried to work the problem out with the city and even offered the pond property to the city for a park on three different occasions because the property served no purpose to Beaches Aquatic Pool. Mr. Rogosheske then asked Mr. Potter if Beaches Aquatic Pool, Inc. owned the property and he stated it was his contention they owned the land under the pond, but not the water. Mr. Potter then explained that recent heaving rains conveyed rubbish and debris into the pond from other areas and his organization could not be responsible for trash flowing in from the other areas. Minutes Page -8- Code Enforcement Board April 29, 1997 In closing, Mr. Potter stated Beaches Aquatic Pool, Inc. had been in existence since 1963 to provide a public service not provided by any other group in Atlantic Beach and has limited funds to provide its programs for youth of the area. He further stated the organization derives no benefit from the pond, was not involved in the construction of the pond and is being harassed by the city to maintain it. Mr. Potter continued that Beaches Aquatic Pool, Inc. did not own the pond until 1987 and he does not know how or why it was deeded to them at that time by the — developers of the condominiums adjacent to the pond property. It was also stated that no member of the pool put arty of the trash and rubbish into the pond. Mr. Potter maintained Beaches Aquatic Pool, Inc. was not in violation because he did not agree with the city's strict interpretation of ownership of the land under the pond. Prosecuting Attorney Green then stated, in response to Mr. Potter's comments concerning the prior ruling by the Board on November 13, 1996, the Board did find that Beaches Aquatic Pool, Inc. was in violation of Section 12-1 (3), the same subsection now being cited, and therefore this is a second violation. Prosecuting Attorney Green pointed out that during the testimony given, Mr. Potter admitted to the trash and rubbish being in the pond and did not deny that it has been there for several months. Mrs. Green continued by stating that the Board must now determine whether the condition that exists "enhances the well-being of the community or does not enhance the well-being, and therefore, may be injurious to the health and well-being of the community". In conclusion, Prosecuting Attorney Green asked the Board to find Beaches Aquatic Pool, Inc. in violation and assess a second time violation beginning from January 30, 1997, when he was notified of the violation. Chairman Martin then asked Prosecuting Attorney Green to address Section 12-1 (4) and the question of stagnant water. Mrs. Green clarified the terminology for the Board. Mr. Potter objected to the use of the word "enhance" and the verbiage "may cause harm" because he believed there was no evidence of past, present or future harm caused by the pond. Board Member Deitchman inquired as to the date of the previous violation and was told November 13, 1996 the Board found if there was another violation of Section 12-1 (3), they would assess a fine from the day the property was found to be in non-compliance by the Code Enforcement Officer until compliance is reached by the Code Enforcement Officer. Bill Williams, President of Beaches Aquatic Pool, Inc., addressed the Board and stated the first violation dealt with weeds, not trash in the pond and questioned if this was a second violation of the ordinance. He also stated he would clean the pond under duress because they cannot use the property and had to money to pay for maintenance of the pond. He also stated he believed the city should be responsible for cleaning the pond. Minutes Page -9- Code Enforcement Board April 29, 1997 June Williams, wife of Bill Williams, was sworn in at this time, and stated that due to limited funds, she donates her time to Beaches Aquatic Pool, Inc. and the organization has not paid property taxes on the pond in three years. After hearing their testimony, Chairman Martin stated it was not the object of the Board to levy great fines or put a financial hardship on Beaches Aquatic Pool, Inc. After some further discussion concerning the duties of the Code Enforcement Board, a motion was made by Theo Mitchelson and seconded by Ed Martin to find Beaches Aquatic Pool in violation of Sections 12-1 (3) and 12-1 (4) of the Code of Ordinances. Under discussion, it was determined the Board wished to decided each section separately and Section 12-1 (4) was withdrawn from the motion. There being no further discussion, the motion carried unanimously. The wording stagnant water was discussed with several members having problems applying the terminology to the pond. After some further discussion, a motion was made by Theo Mitchelson, seconded by Ed Martin and failed by a three to three tie vote to find Beaches Aquatic Pool in violation of Section 12-1 (4), with Board Members Deitchman, Mann and Martin voting nay. At this point in the meeting discussion ensued concerning if violation of Section 12-1 (3) was a first or second offense. After considerable discussion, a motion was made by Chairman Martin, seconded by Theo Mitchelson and unanimously carried to find Beaches Aquatic Pool in a first offense violation of Section 12-1 (3) in that the offense was trash, not weeds. Discussion ensued concerning the amount of time needed to correct the violation, and Alan Potter stated they needed a minimum of seven days because the volunteer labor would need to work on the weekend. A motion was made by Chairman Martin and seconded by Ken Rogosheske to establish a fine for a violation of any part of Section 12-1 (3) would result in a $25.00 per day fine to take effect the day the citation is issued and allow seven days to bring the property into compliance and if it is not done in seven days, impose a fine of $25.00 per day for each day the property remains in non-compliance until brought into compliance to the satisfaction of the Code Enforcement Officer. Some further discussion ensued with Board Member Mitchelson opposing the fine structure. It was the consensus of the Board to vote on each item separately and Chairman Martin withdrew the motion. Minutes Page -10- Code Enforcement Board April 29, 1997 A motion was made by Chairman Martin, seconded by Ken Rogosheske and unanimously carried to establish a fine of $25.00 per day for a violation of any part of Section 12-1 (3) and the motion carried by a four to two vote with Board Members Deitchman and Mitchelson voting nay. A motion was made by -Chairman Martin, seconded by Ken Rogosheske and carried by a five to one vote with Board Member Mitchelson voting nay, to give Beaches Aquatic Pool, Inc. until May 12, 1997 to bring the property into compliance or a $25.00 per day fine will be levied beginning May 13, 1997 for each day the property is in non-compliance and continuing until compliance is reached to the satisfaction of the Code Enforcement Officer. A motion to amend the motion was made by Board Member Mitchelson to levy a one time fine of $100.00 to be assessed against the party for whom the responsibility of the pond exists as determined by the City Commission and the city should take immediate steps, at the expense of the city, to eradicate the health hazard which has been identified the cost of which ultimately will be assessed against the responsible party, be it Beaches Aquatic Pool, Inc. or the City of Atlantic Beach. The motion died for lack of a second. Case No. 97-4237-Linzy C. Lane, 1970 Park Street. The owner of the property is in violation of Chapter 12, Section 12-01-08 of the Code of the City of Atlantic Beach in that there exists on the premises located at 1970 Park Street the following condition(s): The building has fallen into a state of disrepair and is in an unsanitary and unsafe condition. It appears the owner has abandoned the property. Code Enforcement Officer Grunwald explained he was seeking authorization from the Board for the City to board up the building and photos showing the condition of the building were passed out. Chairman Martin inquired if the building was in the same condition as shown in the photos and Code Enforcement Officer Grunewald stated yes. Much discussion ensued concerning the state of disrepair of the building and a history of the property was given by Code Enforcement Officer Grunwald. Chairman Martin asked Mr. Lane what his plans were for the building since more than two years had gone by since initial repair efforts on the property had begun. Mr. Lane produced year old documents indicating payment for work which had not been completed and stated he did not have the money to continue the project at this time. After some further discussion, it was the consensus of the Board to give Mr. Lane the opportunity to properly secure the building. Minutes Page -11- Code Enforcement Board April 29, 1997 A motion was made by Theo Mitchelson, seconded by Ken Rogosheske and unanimously carried to find Linzy C. Lane in violation of Chapter 12, Section 12-1-8 of the Code of Ordinances of the City of Atlantic Beach. A motion was then made by Chairman Martin, seconded by Theo Mitchelson and unanimously carried to give Mr. Lane five (5) days (until May 5, 1997) to secure the property at 1970 Park Street in a manner approved by Code Enforcement Official Grunewald. A motion was made by Theo Mitchelson, seconded by Tammy Deitchman and unanimously carried to fine Mr. Lane $10.00 per day for every day the property is in non-compliance after the May 5, 1997 date until compliance is reached to the satisfaction of the Code Enforcement Officer. Chairman Martin summarized the findings of fact. 5. REQUEST FOR LIEN ACTION: Name None. Address Amount of Lien 6. BOARD MEMBER COMMENTS: There were no comments 7. ADJOURNMENT There being no further discussion or business to come before the Board, the meeting adjourned at 9:25 PM. G.E. Martin, Chairman Code Enforcement Board Attest: Julie M. Brandt, Secretary CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES SPECIAL CALLED MEETING OF JUNE 10, 1997 Call to order: PRESENT: Edward Martin, Chairman Ken Rogosheske Heywood (Pete) Dowling Lou Etta Waters Richard S. Mann Tammy Deitchman ABSENT: Theo Mitchelson 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 None. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda. No one wished to speak. 3. OLD BUSINESS: None. 4. NEW BUSINESS: Case No.97-6198 Ernest "Rocky" Russell (owner) and C. J. Eiras (occupant) and Corporation Officer, Artistic and Cultural Enlightenment Society, 86 Ocean Boulevard. The owner of the property is in violation of Chapter 18, Section 2, Failure to Register for the Purpose of Soliciting, Chapter 20, Section 52, Operating Without Proper Licensing, Chapter 24, Section 107, Commercial Business in a Residential District, No Use By Exception Granted, Minutes Page -2- June 10, 1997 Code Enforcement Board Section 161, Insufficient Parking for Present Use Code of the City of Atlantic Beach and Florida Statute 823.05 Places Declared a Public Nuisance in that there exists on the premises located at 86 Ocean Boulevard, a/k/a Lot 7, Block 34, Atlantic Beach (RE# 170225-0100) the following condition(s): operating a commercial business in a residential district, no Use by Exception granted, insufficient parking for present use, operation of business without proper licensing, failure to -register for the purpose of soliciting, failure to comply with the Florida Accessibility Code in its entirety, failure to comply with the Life Safety Code and the Standard Building Code. Chairman Martin read the case hearing procedures for the case and all witnesses were sworn in. William Jeter, attorney for Mr. Eiras, stated that as a procedural matter, he was not notified of the Nuisance Statute charges until late that afternoon and did not have enough time to prepare a statement against those allegations. He further stated the subpoena his client received did not reference the statute concerning the Nuisance Statute and asked that the Board disregard the charge because it was beyond the scope of the subpoena. Prosecuting Attorney Green stated that under Florida Statute 162.12, there was no normal amount of days to serve notice and a reasonable effort had been made to do the same. Mr. Jeter then stated the "Occupancy Forbidden" sign posted on the building by the Fire Department had kept Mr. Eiras away and he could not receive the Notice of the Hearing if it was mailed. In referencing the charges listed above, Prosecuting Attorney Green stated the property is zoned RG -2 and was being used as a private club ( a commercial business) which is not a permitted use in that zone, and alcoholic beverages were being sold. Mrs. Green then asked the Board to disallow the private club to reopen. Attorney Jeter conceded that if the use is commercial, then the city is right. However, he pointed out the use is not commercial because Mr. Eiras is a member of a charitable organization known as the Artistic and Cultural Enlightenment Society (ACES), who permits friends to use his house. Mr. Jeter further stated Mr. Eiras could not be charged with soliciting without a permit because he was not going door to door and was in his own home when he asked his friends for donations to this charity. Prosecuting Attorney Green inquired as to Mr. Eiras' primary residence, and he stated he lived in Sawgrass at Ponte Vedra Beach and 86 Ocean Boulevard could be considered his beach house. He also stated his office and driver's licenses addresses were 1015-226 Atlantic Boulevard Minutes Page -3- June 10, 1997 Code Enforcement Board (Mailboxes, Etc.). After determining Mr. Erias' primary residence, Prosecuting Attorney Green inquired as to the purpose of Artistic and Cultural Enlightenment Society (ACES) and showed a membership application listing the different kinds of memberships and fees. It was explained that ACES was a charitable -organization which provided a networking tool for local artists and art. This application form is attached and made part of this official record as Attachment A. The membership dues and Gallery fee schedule were explained. When asked for membership figures, it was stated there were between 300 and 350 members. It was also explained that "socials" were conducted from 9:00 p.m. - 4:00 a.m. The following questions were asked by Prosecuting Attorney Green: Is alcohol served? Is there a designated bathroom for ladies? Are there price tags on the artwork displayed? Is there a posted dress code and hours of operation? Are there typical home furnishings? Can you live there? Is there a card table and pool table there? All answers were yes. Mr. Eiras was also asked if there was a cash register on the premises and he stated there was no cash register. When asked the average attendance per night for socials, it was reported that between 10 and 100 attended on social nights which occur five nights a week. Other inquiries were made concerning the interior of the house. When asked if there were interior doors, it was stated there were doors on the third floor where records are stored and all other doors, except for the bathrooms, had been removed. Discussion of the modifications to the home also revealed a wooden bar area constructed on top of the stove making it inoperable, a boxed -in, carpeted bathtub, a faux (false) wall in the garage to conceal the garage doors, and the fireplace and water heater enclosed with drywall. Prosecuting Attorney Green then asked if an agent of the Division of Alcoholic Beverages and Tobacco had been on the premises. Mr. Eiras stated he had personally invited an agent, but did not know if he had arrested anyone. Discussion then focused on whether Mr. Eiras received any financial benefit from ACES. Mr. Eiras stated he did not receive financial benefit and he paid for the drinks for members out of his own pocket. He further stated ACES had taken in $16,000.00 since January, all of which was spent, and the organization was now $10,000.00 in debt. Mr. Eiras was also asked if he received any monetary gain from anything sold in his home and he replied no. It was further stated the prices were posted on the works of art because so many patrons asked the cost, but nothing was sold on the premises. All paintings, including the one hanging on the bathroom door indicating "Ladies", were sold through "Thistle Art" art brokers. Mr. Eiras also pointed out the organization's tax exempt status and that he had obtained prior approval for ACES to operate from a Sergeant Campbell at Alcoholic Beverages and Tobacco. Minutes Page 4 - June 10, 1997 Code Enforcement Board Discussion then turned to the modifications to the building made by Mr. Eiras. Board Member Dowling inquired if Mr. Russell, owner of the building, knew what was being done. Mr. Eiras stated he was aware of the modifications being made and approved of them before they were completed. Mr. Dowling also inquired if there was a bed on the premises and Mr. Eiras stated there was one bed located on the third floor. Board Member Rogosheske commented that the social hours (9:30 p.m. - 4:00 a.m.) seemed peculiar, and then questioned why the bathtub in the home was boxed -in and carpeted. It was stated the tub was covered as a safety feature to prevent someone from injuring himself should he become drunk and fall in the tub. Board Member Dietchman questioned the line on the ACES application form pertaining to law enforcement officers, and was told they needed to know if the applicant was involved in law enforcement so they could be utilized for security purposes if granted membership. Mr. Eiras' charitable contributions and involvement in local charities was also noted. Prosecuting Attorney Green called Code Enforcement Officer Grunewald who passed out photos of the violations found during the June 4, 1997 inspection of the property. When asked how the notice of the violations got to Mr. Eiras, Mr. Grunewald stated he personally served Mr. Eiras with a subpoena on June 4, 1997. Mr. Grunewald also read a list of the violations while the photos were being examined. Mr. Jeter asked for and was given the list of violations. Prosecuting Attorney Green inquired if Mr. Grunewald had seen a bed during his inspection of the premises and Mr. Grunwald stated he had not seen a bed. Mr. Grunewald stated the original complaint concerning the property came from Madelyn Tucker who lives at 88 Ocean Boulevard. Ms. Tucker reported excessive noise, people urinating in her yard and bottles being thrown into her yard. At this time, a memo written to Code Enforcement from Public Safety Director Thompson dated June 2, 1997, concerning operation of the "club" at 86 Ocean Boulevard was referenced by Prosecuting Attorney Green and various items listed discussed. The memo is attached and made part of this official record as Attachment B. Attorney Jeter took time to read the memo and asked for a copy. He then objected to the hearsay contained in the memo because Mr. Eiras was not present to confirm what was said during the conversation between Public Safety Director Thompson and Ms. Leslie Finadinos (as spelled in the memo). Mr. Jeter then pointed out the name was misspelled in the memo and should be spelled S -i -n -a -d -i -n -o -s). Minutes Page -5- June 10, 1997 Code Enforcement Board Prosecuting Attorney Green then brought up the parking problem and it was pointed out there was adequate parking for a residential use but not for a commercial use. Attorney Jeter then asked Code Enforcement Grunewald if he questioned the accuracy of the memo in light of the fact Ms. Sinadinos' name had been spelled incorrectly or if this would affect his opinion of the information presented and Mr. Grunewald stated no. Chairman Martin recessed the meeting for ten minutes and it was reconvened at 9:20 p.m. Continuing with testimony, Prosecuting Attorney Green called Mrs. Tucker of 88 Ocean Boulevard who spoke concerning the traffic/parking problems, obscene language, loud talking at all hours of the night, people urinating in her yard and the fights which occurred at 86 Ocean Boulevard. Mrs. Tucker further stated she had contacted Mr. Grunwald because of the on- going annoyances. It was pointed out that after the complaints, Mr. Eiras installed a privacy fence to keep people from going on Mr. Tucker's property. Deputy Chief of Police Campbell was called and stated off -duty police officers could provide security with departmental permission. However, Officers Gualillo and Smith mentioned in the memo had not been given permission to do so. When asked about a liquor license, Deputy Chief Campbell stated he believed a license would be required if any type of remuneration occurred and it was pointed out that even a bottle club needs a license. Detective Dale Hatfield reported he had run surveillance on the premises and on several occasions observed between 50 - 100 people in attendance. It was pointed out that on week nights 10 - 20 people were usually in attendance and on weekends 50+ people would be on the premises. It was also reported the police had been called on three occasions: for an aggravated battery, a fight at the house and a gun pointed at someone in the street out in front of the building. Detective Hatfield also recounted the incident when the person refused to pay the nightly fee and the bouncer from Poppa Joe's was called. It was further stated that for safety reasons, he believed the "club" needed to be closed down. Attorney Jeter asked if the incidents occurred in the street, outside of the building and Detective Hatfield stated yes. Prosecuting Attorney Green then called Assistant Fire Chief Claude Mayo who stated the building was cited for violation of the Life Safety Code, which has been adopted by the City, because the premises was being used as an "assembly" and the social events described by Mr. Eiras were considered an assembly. A "Cease and Desist" order was placed on the building by the Fire Department for this violation. Building Official Ford and Community Development Director Worley both testified as to what Minutes Page -6- June 10, 1997 Code Enforcement Board they observed in the house and the work performed without permits. Mr. Worley read the permitted uses for the RG -2 zone and stated what was going on was not a permitted use, and required a use -by -exception. Much discussion ensued concerning the following: the type of furniture observed in the building, including the lack of a bed, why a person would have a dress code and hours of operation posted in his residence, if fundraisers could be conducted in your home, what constituted a not-for- profit organization, and the procedure used for obtaining a use -by -exception to operate a commercial business in a residential zone. Attorney Jeter called the following people to testify on Mr. Eiras' behalf: Craig Evans of 611 Ponte Vedra Lakes Boulevard who acts as the volunteer Membership Director and grievance handler for ACES read the membership rules; and Misty Synard of 224 Margaret Street, a member of ACES who also has been affiliated with the Cummer Art Museum for five years, gave testimony to the existence of a bed on the third floor and the fact no art was bought or sold on the premises. A letter from Chip Haddock who lives at 84 Ocean Boulevard and has no problem with ACES operating at 86 Ocean Boulevard was read. Prosecuting Attorney Green stated common sense should prevail when considering the information presented. In closing, Mrs. Green then recounted the code violations as follows: (1) Chapter 18, Section 2 is being violated because soliciting is taking place, not door-to-door, but in the manner of you come to my house and I will let you in if you pay a feel make a contribution to ACES, (2) Chapter 20, Section 52 is being violated because a fee to get in is being charged and alcohol is being served, (3) Chapter 24, 107 is being violated because "Residential" is defined by use and 86 Ocean Boulevard is not being used as a residence, (3) the property is a nuisance due to the parking problems caused by its use (Chapter 24, Section 161), the fights, the trespassing on Mrs. Tucker's property, and (4) the "Cease and Desist" order placed on the property by the Fire Marshall for violation of the Life Safety Code of the City. Prosecuting Attorney Green then asked that the Board keep the operation shut down until it is properly permitted and fine Mr. Eiras $250.00 per day for everyday it operates without the proper licenses and permits. In closing, Mr. Jeter again referenced the Haddock letter, and then stated the property was used as "extreme residential," whereby Mr. Eiras made the property available to ACES or his friends on a regular basis. He further stated there was no written definition of "residential" in the City Code and proceeded to read the definition of "commercial" found in Black's Lax, Dictionary, after which he pointed out that Mr. Eiras could not be operating a commercial business in a residential district because he made no money. Case law was also cited indicating that an ordinance must be clear, definite and certain and Mr. Jeter stated the ordinance defining "residential" and "commercial" contained gray areas. He also pointed out that all incidents Minutes Page -7- June 10, 1997 Code Enforcement Board involving the Police Department took place in the street in front of 86 Ocean Boulevard, and Mr. Eiras could not be held responsible for what occurred on the street. Board Member Dowling stated according to information presented, Mr. Eiras was a Corporate Officer of ACES and therefore, had some responsibility for ACES activities. Much discussion ensued concerning soliciting. Mr. Rogosheske indicated that the method of operation at the location was not the normal type of a fundraiser, in that someone was at the door, you paid your money and went into the house. If you refused to pay, you were not allowed entrance. It was pointed out that this went on five days a week and constituted soliciting because funds were being raised. A motion was made by Board Member Dowling, seconded by Board Member Rogosheske and unanimously carried to find Mr. Eiras in violation of Chapter 18, Section 2, Failure to Register for the Purpose of Soliciting. Under discussion, based on the testimony given by Chief Campbell and Detective Hatfield and the memo from Public Safety Director Thompson, it was determined a liquor license was needed. A motion was made by Board Member Dowling, seconded by Board Member Rogosheske and unanimously carried to find Mr. Eiras in violation of Chapter 20, Section 52, Operating Without Proper Licensing. Chairman Martin commented that according to the evidence given, he believed Mr. Eiras was operating a commercial business in a residential zone. Chairman Martin further commented that it was not a residential use when hours and a dress code were posted, a "Ladies Only" sign was posted on a bathroom door, all doors, except for bathroom doors had been removed, membership cards were required, and there was only one bed on the premises. A motion was made by Board Member Dowling, seconded by Board Member Rogosheske and unanimously carried to find Mr. Eiras in violation of Chapter 24, Section 107, Commercial Business in a Residential District and No Use -by -Exception. A brief discussion of the parking problems resulting from the commercial use ensued. A motion was made Chairman Martin, seconded by Board Member Deitchman and unanimously carried to find Mr. Eiras in violation of Chapter 24, Section 161, Insufficient Parking for Present Use. Much discussion ensued concerning the property being a public nuisance. Board Member Minutes Page -8- June 10, 1997 Code Enforcement Board Rogosheske commented if all of the other ordinances were obeyed, the nuisance would go away. A motion was made by Board Member Rogosheske, seconded by Board Member Deitchman and unanimously carried to find Mr. Eiras in violation of Florida Statute 823.05, Places Declared a Public Nuisance. Attorney Jeter objected to this motion on grounds previously stated. A motion was made by Board Member Dowling, seconded by Board Member Rogosheske and unanimously carried to find Mr. Eiras in violation of the Florida Accessibility Code, the Life Safety Code and the Standard Building Code. It was then discussed the business could not be reopened under the Cease and Desist Order posted by the Fire Department, and if reopened without the proper licenses and permits obtained to take care of the deficiencies noted in the charges, a fine of $250.00 per day would be assessed. A motion was made by Chairman Martin, seconded by Board Member Dowling and unanimously carried to fine Mr. Eiras $250.00 per day if the business is reopened without proper licenses and permits beginning the day it is reopened and continuing every day of operation until compliance is reached to the satisfaction of the Code Enforcement Officer. Discussion continued and Board Member Dowling stated he believed Mr. Eiras should not be fined because he felt he did not knowingly break the law and would cooperate with the City. Charges for administrative costs were also discussed and it was thought the costs would range between $1,500.00 - $2,000.00. Attorney Jeter asked the Board to consider waiving the administrative costs. Board Member Mann stated he believed the Mr. Eiras acted in good faith and they should be waived A motion was made by Board Member Dowling, seconded by Board Member Deitchman and carried by a sig to one vote with Board Member Mann voting nay, to charge Mr. Eiras administrative costs at a rate of 50% of the verified costs with a limit set at $1,000.00. 5. REQUEST FOR LIEN ACTION: Name Address Amount of Lien Minutes Page -9- June 10, 1997 Code Enforcement Board None. 6. BOARD MEMBER COMMENTS: There were no comments 7. ADJOURNMENT There being no further discussion or business to come before the Board, the meeting adjourned at 11:20 PM. G.E. Martin, Chairman Code Enforcement Board Attest: Julie M. Brandt, Secretary ® ATTACHMENT A CODE ENFORCEMENT BOARD JUNE 10, 1997 MEM" To: Code Enforcement _ From: David E. Thomps n� Subject: 86 Ocean Blvd Date: June 2, 1997 On Friday, May 23, 1997, I was paged by Ms. Leslie Finadinos. She said that she was more or less the spokesperson for the "club" at 86 Ocean Blvd. She said that she had heard all—sorts of rumors about the club, and she was the contact person to dispel rumors and provide the real picture about the activities there. She said that the property was being used as a "private club," and that is was a gathering place for private members. She said that there were membership fees, and that once someone joined, they had access to the club. Part of this access included the consumption of alcoholic beverages on premises. She assured that the membership fees did not go toward the purchase of alcoholic beverages..."the membership fees go toward the art"... "the food and alcohol is donated." I asked if they had any licensing to sell or provide alcohol, and she said that they did not need one because it was a private club. I also asked about zoning with the city, and she said that "C.J." had talked to city zoning officials about it. C.J. said that since they were not-for-profit, they were not commercial and it wouldn't be a problem. She could not tell me who C.J. talked to, but I advised her that the zoning would not allow for such a club. I told her that such a private club was not allowed in an area zoned as residential. She said that it was a private club and non-profit, but I advised her that it was not allowed. I told her that someone from her organization needed to see George Worley and address this problem. Ms. Finadinos said that the owners were C.J. and Adam, and she was sure that they had covered the bases as far as zoning and legality. She said that the only thing for sale at the club was artwork that was on the walls. The memberships were to support local artists, and they were looking to fill about 200 memberships. She said that Vic Gualillo and Dane Smith had visited the club, and there was an ATF agent that they had coming in to keep an eye on activity to make sure people were not doing illegal things. I told Ms. Finadinos that when they operate such a business without the knowledge of the City, and when they restrict membership and access to the place, and they serve alcoholic beverages, then they can expect people to wonder about the legality of their activities. I told her that she needed to talk with city officials relative to the zoning and the activities to prevent further problems. She invited officers (including me) to visit the club (in plain clothes) and ask for her. She assured that she would be glad to show us around the facility. ATTACHMENT B CODE ENFORCEMENT BOARD JUNE 10, 1997 a < <. n Membership Dae a��ery -one- - Gaflery Fees (904) 221 - 6900 Membership l'ype lbrm Cost Private Monthly $ co Quarterly 120.00 V.I.P. Monthly 75.00 Quarterly 175.00 Couple _ Monthly 80.00 Quarterly 190.00 V.I.P. Couple Monthly 120.00 Quarterly 250.00 The above pricing reflects Limited Charter Memberships (the first 200 members). All other membership types (ie: Corporate, Artistic, Associate) must be handled by a committee member and quoted as a custom membership pack- age. Prices for non -charter membership are subject to increase after January 1, 1997. Gallery Fees Members............................................... .................. $10.00 ........................... Guests of Member ............. $20.00 .................................................... NOTE: Special Event fees and Guest fees may be higher. Address City, Phones) Are you in any way associated Mth Law Enforcement? ❑ yes ❑ No If yes, please eglain: The Undersigned holder of this membership application acknowledges that hejshe will be attending at their own risk and here- by unconditionally agrees to hold harmless, indemnify and release the property owner, hosts, members, sponcers, agents, and all others associated with the Artisitc & Cultural Enlightenment Society from and against all liability for any reason what- soever reguardless of accident or negligence. Membership is subject to approval. All members subject to the rules and Bylaws of the Artistic & Cultural Enlightenment Society. Acceptance of payment does not denote membership acceptance, and if a membership is denied for whatever reason, all monies shall be returned in a timely fashion. This application must be signed and completed for processing to begin. Make payments payable to: A.C.E.S. or Artistic & Cultural Enlightenment Society. Signature: [Tinted Name: Ilaff" CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 97-6468 August 11, 1997 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 2nd day of September, 1997 AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violation(s) of the following Section(s): Chapter 12,Section 12-1- 6 Trash and Other. I m or d in the Front Yard of the Code of the City of Atlantic Beach. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 731 Begonia Street (RE# 170972- 1050, aka Lot 6, Block 145 Section H) the City of Atlantic Beach, the following condition(s): trash and other items stored in th front yard 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: y� M. ECRETARY G. E. MARTIN Chairman, Code Enforcement Board CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 97-6468 Petitioner, ) vs. ) SUBPOENA MICHAEL BANKS Respondent. ) -------------------------------- TO: -------------------------------TO: NAME: MICHAEL BANKS STREET 731 BEGONIA 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 2ND day of SEPTEMBER 1997 at 7:30. p. m. in reference to violation of Section(s): 12-1-6, TRASH AND OTHER ITEMS STORED IN THE FRONT YARD LOCATION OF VIOLATION: 731 BEGONIA STREET Failure to appear subjects you to penalty of law. Dated this 11TH day of AUGUST , 1997. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY - e /S , (- Secretary I, L 0'w, served notification to: MICHAEL BANKS . 731 BEGONIA STREET ATLANTIC BEACH, FL 32233 this day of _4 U6, , 1997. AT 306 A.M. 40�) This notification was in reference to: A NOTICE OF HEARING OF THE CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF SEPTEMBER 2, 1997 7:30 P.M. CITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Server: V Signature of Receiver: Dated: Please return to the City Clerk's Office. Thanks p'(LAMTjP itof Atlantic Beach F Q \� oP Code Enforcement Board Case Presentation C. B. Date: Sept. 2,1997 Case # 97- -6468 Defendant :Michael Banks Location :731 Begonia Street Lots 6, Blk 145, Sec H Re # 170927-1050 Violation :Chapter 12, Section 12-1-6 Trash and other items stored in front yard Owner Occupied: Rental x 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 tax records x ,title search ,Other utilities are listed under occupant M. Banks 2. 3. 4. 5. X,1 The nature of the violation is: Miscellaneous trash deposited in front yard Inspection of the property was prompted as a result of a complaint, x Routine inspection X , other Notice of violation was issued to owner x /on July 16,1997, occupant x on July 16 ,1997 Notice was achieved by certified mail X hand delivery—posting— method eliveryposting_method of service meets with requirements of FSS 162-12. I did did not X speak with the owner x occupant X of the property. 7. The latest inspection was a result of follow up of the original complaints. 8. The violation is still present x In compliance 9. In order to achieve compliance, it is necessary to : Remove all of the trash and storage from the front yard 10. 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. 12. Further comments and recommendation : Mr. Larry Lively is the owner of this property, he is stationed overseas and I was unable to notice him. Mr. Michael Banks is the occupant ,he was cited in the past for dumping a truck load of dirt over the water meter„he failed to remove it and public works was directed to uncover the meter using a front loader. Mr. Banks appears to be lax in his attitude towards city ordinance. I recommend that a time certain be stated for compliance, failure to comply resulting in a $250.00 per day fine. I further recommend that the costs to bring this before the board be charged to the violator. Respectfully; Karl W. Grunewald Code Enforcement Officer 2 CITY OF 800 SEMINOLE ROAD _-- __— -- _— -- ATLANTIC BEACH, FLORIDA 822:3:3-5445 TEILENIONS 19041 247-58oO FAX M4) 247-5805 r"::z�s QQ7 SUINCOR1852-:5800 Larry W. Lively PSC 819, Box 16 FPO, AE09645-5016 Dear Sir: Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: Re: 731 Begonia Street a/k/a Lot 6, Block 145, Section H RE#170927-1050 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 12-1-6, i.e., outside storage of cardboard boxes and other items displayed required to be stored indoors or under a carport. 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 Statute 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/pah cc: Public Safety Director VIA CERTIFIED MAIL TO OCCUPANT MICHAEL BANKS RETURN RECEIPT REQUESTED cec#6468 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 97-6264 August 11, 1997 Dear Mr. Covell;* 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 2nd day of September, 1997 AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violation(s) of the following Section(s): Chapter 12,Section 12-1- 3 High weeds and grass in rear yard the Code of the City of Atlantic Beach. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 732 Aquatic Drive, (RE# 171818-5244, aka Lot 18b, Aquatic Gardens) the City of Atlantic Beach, the following condition(s): high grass and weeds in the rear yard 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. /t y 64'mii h -'C Sincerely, G. E. MARTIN Chairman, Code Enforcement Board CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLAN`T'IC BEACH, FLORIDA, ) VIOLATION NO. 97- 6264 Petitioner, ) VS. ) SUBPOENA AUGUST F. COVELLI, JR. Respondent. ) -------------------------------- ) TO: NAME: DANNY CULLER STREET 744 AQUATIC DRIVE CITY ATLANTIC BEACH, STATE FL 32233 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 2ND day of -SEPTEMBER 1997 at 7:30, p. m. in reference to violation of Section(s): 12-1-3, HIGH GRASS AND WEEDS IN REAR YARD LOCATION OF VIOLATION: 732 AQUATIC DRIVE Failure to appear subjects you to penalty of law. Dated this 11TH day of AUGUST , 1997. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY -Vine. / / /v. V Secretary CODES ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION I, "- o -, UW served notification to: DANNY CULLER 744 AQUATIC DRIVE ATLANTIC BEACH, FL 32233 this day of ,U� , , 1997. AT 3/9 A.M./o This notification was in reference to: A NOTICE OF HEARING OF THE CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF SEPTEMBER 2, 1997 7:30 P.M. CITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Server: U, L' -::�2 Signature of Receiver: Dated: �e, //�//, lec) Please return to the City Clerk's Office. Thanks CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 97- 6264 ) Petitioner, ) } vs. ) SUBPOENA AUGUST F. COVELLI, JR. Respondent. ) -------------------------------- ) STREET 732 AQUATIC DRIVE CITY ATLANTIC BEACH, STATE FL 32233 GREETINGS: YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board of the City of Atlantic Beach, Florida at City Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the 2N day of SEPTEMBER 1997 at 7:30, p. m. in reference to violation of Section(s): 12-1-3, HIGH GRASS AND WEEDS IN REAR YARD LOCATION OF VIOLATION: 732 AQUATIC DRIVE Failure to appear subjects you to penalty of law. Dated this 11TH day of AUGUST , 1997. CODE ENFORCEMENT BOARD CITY OF ATLANNTI,C BEACH, FLORIDA BY Secretary CODES ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION served notification to: AUGUST F. COVELLI, JR. 732 AQUATIC DRIVE ATLANTIC BEACH, FL 32233 this day of t�U �1 1997. AT A. M. P.M. This notification was in reference to: A NOTICE OF HEARING OF THE CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF SEPTEMBER 2, 1997 7:30 P.M. CITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Server: Cvn Signature of Receiver: I Dated: Please return to the City Clerk's Office. Thanks �.� S I► 3 f 91 1 Z y i �-+�� < <iZc'� Qi4ANTj�, City of Atlantic Beach FtORIOQ Code Enforcement Board Case Presentation C. B. Date: Sept. 2,1997 Defendant :August F. Covelli, Jr. Case # 97- -6264 Location :732 Aquatic Drive Lots 18 b, Aquatic Gardens Re # 171818-5244 Violation :Chapter 12, Section 12-1-3 high grass and weeds in rear yard Owner Occupied: x Rental x Code Enforcement Board Members: Homestead :yes x No 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 tax records x ,title search ,Other 2. The nature of the violation is: High grass and weeds in rear yard creating a health .safety and welfare condition 3. Inspection of the property was prompted as a result of a complaint. x Routine inspection X , other 4. Notice of violation was issued to owner x /occupant x on July 6.1997 5. Notice was achieved by certified mail X hand deliveryposting method of service meets with requirements of FSS 162-12. 6. 1 did did not X speak with the owner x occupant of the property. 7. The latest inspection was a result of follow up of the original complaints. 8. The violation is still present x In compliance 1 9. In order to achieve compliance, it is necessary to : cut all of the vegetation in the rear yard and maintain it as needed to meet the code. 10. 1 do x Do not have photographs of the property and violations as they exist on the property. They represent a fair and accurate representation of the property at the time they were taken. 11. 1 would estimate that Five days would be sufficient time to correct the violation. 12. Further comments and recommendation :-Mr. Covelli is a repetitive violator having been cited four times since 1993 for the same violation. The rear yard upon inspection is overgrown 3 to 4 feet. He continualy waits beyond the time alloted to begin to cut his yard. It is my recomendation that he be given time certain to corrrect the violation, failure to comply resulting in a $250.00 per day fine. In addition I recommend that he be charged for administrative fees and attorneys fees involved in presenting this to the board. Respectfully; Karl W. Grunewald Code Enforcement Officer E June 6, 1997 August F. Covelli, Jr. 732 Aquatic Drive Atlantic Beach, FI 32233 Dear Sir: 800 SEMINOLE ROAD ATLANTIC LEACH. FLORIDA :3223:31-5445 TELEPHONE (90-41 2-17-5800 FA -X 190-4124-1-5805 SLUNCOM 852-5800 Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: Re: 732 Aquatic Drive a/k/a Lot 18B, Aquatic Gardens RE#171818-5244 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, i.e., High grass and weeds in rear yard. 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 for a first violation and $500.00 per day for a repeat violation. Sincerely, Karl W. Grunewald Code Enforcement Officer KWG/pah cc.- Public Safety Director VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 97-5574 August 11, 1997 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 2nd day of September, 1997 AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violation(s) of the following Section(s): Chapter 12,Section 12-1- 7 outside storaQe, discarded metal items the Code of the City of Atlantic Beach. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 56 West 6th Street, (RE# 170744-2000 aka Lots 1,2,3 Block 33, Section H, the City of Atlantic Beach, the following condition(s) : outside storage, discarded metal i s - possible operation of a metal salvage yard 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: CRETARY G. E. MARTIN Chairman, Code Enforcement Board CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 97-5574 Petitioner, ) vs. ) HUBPOENA MICHELLE FENNICK - BEACHES RECYCLING -- Respondent. ) -------------------------------- ) TO: NAME: STREET CITY STATE MICHELLE FENNICK STREET56 WEST 6TH ATLANTIC BEACH, FL 32233 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 2ND day of SEPTEMBER 1997 at 7:30, p. m. in reference to violation of Section(s): 12-1-7 OUTSIDE STORAGE, DISCARDED METAL ITEMS LOCATION OF VIOLATION: 56 WEST 6TH STREET - BEACHES RECYCLING Failure to appear subjects you to penalty of law. Dated this 11TH day of AUGUST , 1997. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY gz [.fit e" �. Secretary CODES ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION Q� I, �Lt✓i l�'' y %� , � )Au)o served notification to: MICHELLE FENNICK R1K'e kqx"-� 56 WEST 6TH STREET ATLANTIC BEACH, FL 32233 this I� day of � 1997. AT . LAIA.M.��. This notification was in reference to: A NOTICE OF HEARING OF THE CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF SEPTEftT3R 2, 1997 7:30 P.M. CITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA. Signature of Server: Signature of Receiver: Dated: 'r7 Please return to th6 City Clerk'8 Office. Thanks o� at�.aarA�,�n City of Atlantic Beach r n �tORloa Code Enforcement Board Case Presentation C. B. Date: Sept. 2,1997 Case # 97- -5574 Defendant :Michelle Fennick Location :56 West 6'" Street Beaches Recycling Re # Violation :Chapter 12, Sec. 12-1-7, outside storage, discarded metal items. 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 tax records x ,title search ,Other Business licensing , city clerks office 2. The nature of the violation is :Continuous display of used metal items in the front of and rear of business location .Items are often stored on property that does not belong to business. 3. 4. Inspection of the property was prompted as a result of a complaint, x Routine inspection X , other 4. Notice of violation was issued to owner x /on January 28,1997 occupant on 5. Notice was achieved by certified mail X hand delivery—posting— method eliveryposting_method of service meets with requirements of FSS 162-12. 6. 1 did X did not speak with the owner x occupant of the property. 1 7. The latest inspection was a result of follow up of the original complaints. 8. The violation is still present x In compliance 9. In order to achieve compliance, it is necessary to : Remove all outside storage and contact the city clerk for review of license. 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. 7. 1 would estimate that Five days would be sufficient time to correct the violation. 12. Further comments and recommendation : In addition to written notification I have spoken to the proprietor on several occasions regarding outside storage . It is apparent that the present location is not large enough for total inside storage nor is it zoned for outside storage. The area often resembles a junk yard , being offensive to surrounding residential homes as well as devaluating the area. The original intent of the license was for the recycling of aluminum cans, the present use is more like a metal salvage yard. I recommend that a time certain be set for compliance, That MS. Fennick be directed to appear before the city clerk and zoning officer for review of her license, failure to comply resulting in a $250.00 per day fine and that any future violations be considered a 2"d violation and an automatic fine of $500.00 per day be levied. I further recommend that the costs to bring this before the board be charged to the owner. Respectfully; Karl W. Grunewald Code Enforcement Officer iK January 28, 1997 Beaches Recycling 56 West 6th Street Atlantic Beach, FL 32233 Dear Sir: s00 SEbtINOLE ROAD :ATL. -\TIC BEACII. FLORIDA 322:33-5445 TELEPHONE M4) 247-5800 FAX 19041247-5805 SUNCOM 352-5300 Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: RE: 56 West 6th Street a/k/a Beaches Recycling 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, i.e., trash and junk stored outside in a CG Zoning District; items also fall outside of property lines. 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 for a first violation and $500.00 per day for a repeat violation. Sincerely, Karl W. Grunewald Code Enforcement Officer KWG/pah cc: Public Safety Director VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 97-5133 August 11, 1997 Dear Mr. Ferber: 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 2nd day of September, 1997 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) : Accessibility Code, Section 4.6.4 Failure o Install the Required Handicapped Signage in On o hr Par i ng Reg red lipaces of the Code of the City of Atlantic Beach. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 363 Atlantic Boulevard (RE# 169730-731-732- 0000) the City of Atlantic Beach, the following condition(s): failure to install the recmired handicapped signage in one of three -required parking spaces 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: y� CRY/%( G . E . MARTIN Chairman, Code Enforcement Board CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 97-5133 Petitioner, ) VS. ) SUBPOENA PAUL FERBER SHOPPES OF NORTH SHORE Respondent. TO: NAME: PAUL FERBER SHOPPES OF NORTH SHORE STREET 363 ATLANTIC BOULEVARD UNIT 3 CITY ATLANTIC BEACH, STATE FL 32233 GREETINGS: YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board of the City of Atlantic Beach, Florida at City Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the day of SEPTEMBER 1997 at 7:30. p, m, in reference to violation of ACCESSIBILITY CODE, SECTION 4.6.4 FAILURE TO INSTALL THE REQUIRED HANDICAPPED SIGNAGE IN ONE OF THREE PARKING SPACES REQUIRED LOCATION OF VIOLATION: 363 ATLANTIC BOULEVARD Failure to appear subjects you to penalty of law. Dated this 11TH day of AUGUST , 1997. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA �G BY lA� / _ 6'4''7�� Secretary pZLAIYTjc >_ City of Atlantic Beach FcoR�©P Code Enforcement Board Case Presentation C. B. Date: Sept. 2,1997 Case # 97- -5133 Defendant :Paul Ferber Location :363 Atlantic Blvd. Unit 3 Shops of North Shore Re # 169730-731,732-0000 Violation :FI Accessibility Code ,Sec 4.6.4, Owner Occupied: Rental x Code Enforcement Board Members: il 2 3 -19 5 0 Homestead :yes No x 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 tax records x ,title search ,Other The nature of the violation is: Failure to install the required handicapped sign age in one of three parking spaces required. Inspection of the property was prompted as a result of a complaint. Routine inspection X , other Notice of violation was issued to owner x /on Sept. 16,1997, and on May 27, 1997 occupant on Notice was achieved by certified mail X hand deliveryX posting_ method of service meets with requirements of FSS 162-12. I did X did not speak with the owner x occupant of the property. Mr. Ferber was notified that one sign was still not installed, he stated that he would promptly have it installed. 7. The latest inspection was a result of follow up of the original complaints. 8. The violation is still present x In compliance 9. In order to achieve compliance, it is necessary to: Install the required handicapped parking sign at the required height 10. 10. 1 do x Do not have photographs of the property and violations as they exist on the property. They represent a fair and accurate representation of the property at the time they were taken. 11. 1 would estimate that Five days would be sufficient time to correct the violation. 12.Further comments and recommendation : Mr. Ferber was first notified of this violation on Sept. 16,1996. He has been very slow in bringing about compliance despite second notices and verbal requests. No action on his part was taken until he was called to appear before the board July 1, 1997 at which time only two signs were installed. Mr. Ferber was dropped from the agenda after he affirmed that he would have the third sign installed. To date that sign is not installed.. I recommend that a time certain be set for compliance, failure to comply resulting in a $250.00 per day fine and that any future violations be considered a 2"d violation and an automatic fine of $500.00 per day be levied. I further recommend that the costs to bring this before the board be charged to the owner. Respectfully; Karl W. Grunewald Code Enforcement Officer VA May 27, 1997 Mr. Paul Ferber 363 Associates, Ltd. 363 Atlantic Blvd., # 3 Atlantic Beach, Florida, 32233 Dear Sir, 800 SEMINOLE ROAD ATLANTIC BEACH. FLORIDA 32233-54-I5 TELEPHONE (9041247-5800 FAX (904) 247-5805 SUNCONI 852-5800 On September 16,1996 you were notified by this department that you were in violation of Florida Accessibility Code sec. 4.6 and Florida Statutes 316.1955 (c). At that time you were given 30 days in which to comply by meeting the requirements of the Florida A.C.. To date no steps have been taken to correct this violation. You are hereby notified that you will be subpoenaed to appear before the Atlantic Beach Code Enforcement Board on July 1, 1997. Notification to follow. Under Florida Statutes 162.08 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. Cimnewald Code Enforcement Officer c. Public Safety Director Via Certified Mail Return Receipt Requested c.e.c. 5133 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 97-6454 August 11, 1997 Dear Mr. Kent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes acid 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 2nd day of September, 1997 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 Sections: Chapter 2.4,Sertion 24-177 Buffer Landscape Design , of the Code of the City of Atlantic Beach. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 751 Atlantic Boulevard,(RE# 177645-0000, aka DE Castro Y Ferrer Grant Pt recorded OR 8324-499) the City of Atlantic Beach, the following condition(s): failure o intall a landscape buffer median an separating the Atl an i rTheaters b i' ding and tihe old Pic -N Save building ding. 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: CRETARY G. E. MARTIN Chairman, Code Enforcement Board CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 97-6454 Petitioner, ) vs. ) SUBPOENA JOHN KENT OF KENT ENTERPRISES Respondent. ) -------------------------------- ) TO: NAME: JOHN KENT STREET 2780 UNIVERSITY BOULEVARD CITY JACKSONVILLE, STATE FL 32217 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 2ND day of SEPTEMBER 1997 at 7:30. p. m. in reference to violation of Section(s): 24-177 BUFFER LANDSCAPE DESIGN OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH. LOCATION OF VIOLATION: 751 ATLANTIC BOULEVARD (ATLANTIC THEATERS) Failure to appear subjects you to penalty of law. Dated this 11TH day of AUGUST , 1997. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY C�2.c.t_c 1J & . Secretary •aoimag idiaoaa uwniaij 6uisn jo} noA ){ueyl a Lo Q U) O a) > p o U ❑ ❑ C ca t m .. o °� o ca U) 0) ¢ 0 n N a� 1 i 0 3� ❑ ❑ 5 `� c` r N O.0 '-' a� n r \ a^ ¢ ro O -�a� U j ,��� Z cg 2 p ma N .. .0 NO rn m 73 caZ'o>nr (D a) x o Ea v ¢ p 'j) of w o= p ¢ ro m v c� V ❑ ❑ ❑ r Qo N U 3 An m a a O D z N C n m N 3 a R V "O O n .E • "' .--� m N U W N cg H M C: a a «E rf rn m E or Q rn m b 3 r m i m a o�w o mo y 3 W GT C!� H 4 a`� av 0c 3L o H H ^ � cn W Z o wxa Z r M m'm E E E € ¢w v W 7? co 0 E¢ ¢ x;4 ao - - C N E > d d g -i: m 6 v a� H O �4 ZE:Ep6O2 cmc O0 6 (A W �: n�v ¢ ^� N `. `W�V� m 0- J,apls asIanaa ayi uo paialdwoo S 3tiaab Nafil3a jnoA sl •7i X PtIART,c City of Atlantic Beach F2 oP Code Enforcement Board Case Presentation C. B. Date: Sept. 2,1997 Case # 97- -6454 Defendant :Mr. John Kent Location :751 Atlantic Blvd. Atlantic Theaters Re #/77(.-45-0000 Violation :Chapter 24, Sec.24-177, Buffer landscape Design Owner Occupied: x 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 tax records x ,title search ,Other E 3. 9 A 7 The nature of the violation is :Failure to comply with the approved landscape plan. Inspection of the property was prompted as a result of a complaint, x Routine inspection X , other Notice of violation was issued to owner x /on July 11,1997 occupant on Notice was achieved by certified mail X hand delivery—posting— method eliveryposting_method of service meets with requirements of FSS 162-12. I did _did not x speak with the owner x occupant of the property. The latest inspection was a result of follow up of the original complaints. 1 8. The violation is still present x In compliance 9. In order to achieve compliance, it is necessary to: Install the landscape buffer between Atlantic Theaters And the Old Pic n Save 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 Thirty _days would be sufficient time to correct the violation. 12. Further comments and recommendation :After acceptance of the landscape plan by the city there was a considerable delay in the partial construction of landscaping. Only after prompting from the Community Development Director, George Worley Did the partial installation of landscaping begin. The work that has been done meets the requirements of the code, however there is a median separating the two buildings that has not been installed. Atlantic Theaters has requested a hearing before the C.D.B. on August 19,1997 to be granted a delay on that median. Pending the outcome of that meeting I recommend that a time certain be set for compliance , failure to comply resulting in a $250.00 per day fine and that any future violations be considered a 2nd violation and an automatic fine of $500.00 per day be levied. I further recommend that the costs to bring this before the board be charged to the owner. Respectfully; Karl W. Grunewald Code Enforcement Officer Pa July 11, 1997 Mr. John Kent Kent Enterprises, Inc. 2780 University Boulevard West Jacksonville, FL 32217 Dear Mr. Kent, 800 SEMINOLE ROAD ATLANTIC BEACH. FLORIDA 32233-5445 TELEPHONE M4) 247-5800 FAX (904) 247-5805 St:NCO\I 852-5M0 The Community Development Board of the City of Atlantic Beach granted a Variance to your Atlantic Theaters location at 751 Atlantic Boulevard allowing a reduced number of parking spaces and reduced landscaping. You were notified by a letter from George Worley that your improvements should be completed within six months and that failing to complete the work in that period could result in referral of the issue to the Code Enforcement Board. Six months have past and, although considerable progress has been made, the improvements are not completed. The median/planter required along the eastern property line has not been installed and the sod has not been placed in the planters where called for on the approved drawings. These improvements are required by the approved plans and must be installed. Any deviation from those plans must be submitted to the Community Development Board for review and approved. If you should have any questions, please do not hesitate to contact me. Sincerely, Karl Grunewald Code Enforcement Officer c. Public Safety Director Community Development cec 6454 Via Certified Mail Return Receipt Requested August 4, 1997 Mr. George Worley, Community Development at Mr. Karl Grunewald, Code Engorgement bear Sirs: Re: Notice of violation and Post -Its' brand fax transmittal memo 76711 N o1 pagos ► QTFrom°' IC � -- � JUAV I S Dept. �t x LI.rV7 •y Phone N --7-6053 Fax#� -�� Fax# Presentation to Community Development Board, August meeting for Atlantic Theater located at 751 Atlantic Boulevard. Atlantic Theaters recently received your letter dated July 11, 1997 informing of code violations with regards to the landscaping including sod and median/planter along the eastern property line. Please be advised that it is the intention of Atlantic Theater to comply with said requirements, however, the theater would like to present to the Community Development Board information that would allow additional time to make the required improvements. Please understand that our property manger, Mr. Jack Davis, was notified by adjacent property owners of a prospective new tenant that would request a co -development agreement for parking and landscaping. We were told that the City Atlantic Beach was aware of this prospective development and was agreeable to a delay in mutually installing perimeter landscaping in. order to try to accommodate the prospective tenant's and city's requirements. We now understand that the prospective tenant is not yet ready to commit and therefore no agreements have been offered. Again, we agree that perimeter landscaping will be installed to compliment adjacent Iand use and property ownership and would like to discuss options and timing with the City. The Theater would like to make a bricf presentation to the Community Development Board on August 19, 1997,* to explain the delays and assure the Board that the project will be completed per approved plans_ I hope the above information is sufficient to resolve code enforcement issues and should - you desire additional information prior to the meeting please do- not hesitate to contact either myself or Mr_ Jack Davis, at 904 -398 -0053 - Thanking you in advance for assistance in this matter. Sincerely, dement, Project Manger, Site improvements, for Atlantic Theaters RECEIVED JJ0 -�1-61) A 1997 G: �Acey— b 44�j City of Atlantic Beach Building and Zoning CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING August 11, 1997 CASE NO. 97-5915 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 2nd day of September, 1997 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 12.2ection 12 -1- -E -Dead Tree the Code of the City of Atlantic Beach. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 571 Camelia Street (RE## 170899-0000, aka S 40 ft. Lot 2, Block 123, Section H) the City of Atlantic Beach, the following condition(s): -lead tree in L12e rear yard 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. ATTEST: ��:�. CRETARY Sincerely, G. E. MARTIN Chairman, Code Enforcement Board CITY OF ATLAN'T'IC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 97-5915 Petitioner, ) VS. ) SUBPOENA JAMES MCLAURIN } Respondent. ) --------- ----------------------- TO: ---------------------TO: NAME: JAMES MCLAURTN STREET 571 CAMELIA STREET CITY ATLANTIC BEACH, STATE FL 32233 GREETINGS: YOU ARE HEREBY COWUI-LADED 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 _2ND day of SEPTEMBER 1997 at 7:30. p. m. in reference to violation of Section(s): 12-1-6, DEAD TREE IN REAR YARD LOCATION OF VIOLATION: 571 CAMELIA STREET Failure to appear subjects you to penalty of law. Dated this 11TH day of AUGUST , 1997. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY /! . ff Secretary CODES ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION -,l �Gt served notification to: JAMES MCLAURIN 571 CAMELIA STREET ATLANTIC BEACH, FL 32233 this /z- day of 1997. AT A. M. This notification was in reference to: A NOTICE OF HEARING OF THE CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF SEPTEMBER 2, 1997 7:30 P.M. VITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. i Signature of Server: Signature of Receiver: 't Dated: 2 Please return to the City Clerks Office. Thanks ptlANTj�, City of tlantic Beach F[OR% Code Enforcement Board Case Presentation C. B. Date: Sept. 2,1997 Defendant :James McLaurin Case # 97- -5915 Location :571 Camelia St Lots S 40 ft lot 2. Blk 123,Sec, H Re # 170899-0000 Violation :Chapter 12, Section 12-1-6 Dead tree Owner Occupied: Rental x 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 tax records x ,title search ,Other PA 3 M 5. L 7 The nature of the violation is: Large dead oak tree in rear yard is endangering the home and surrounding homes. Inspection of the property was prompted as a result of a complaint, x Routine inspection X , other Notice of violation was issued to owner x /on April 10,1997, occupant—on— Notice ccupanton Notice was achieved by certified mail X hand delivery—posting— method eliveryposting_method of service meets with requirements of FZS 162-12. I did did not X speak with the owner x occupant of the property. The latest inspection was a result of follow up of the original complaints. 1 8. The violation is still present x In compliance 9. In order to achieve compliance, it is necessary to : Remove the dead tree from the property 10. 10. 1 do x Do not have photographs of the property and violations as they exist on the property. They represent a fair and accurate representation of the property at the time they were taken. 11. 1 would estimate that Five days would be sufficient time to correct the violation 12. Further comments and recommendation : Mr. McLaurin received notice on April 14,1997 leaving more than ample time to remove the tree. To date no action on his part has been taken. I recommend that time certain to remove the tree be stated , failure to remove the tree in that time will result in the city being directed to have the tree removed. The cost of which will be charged to the owner. I further recommend that all administrative costs to bring this before the board be charged to the owner. Respectfully; Karl W. Grunewald Code Enforcement Officer K W -) `� J CITY OF 500 SENINOLE ROAD --------------- ---- ATLANTIC BEACH. FLORIDA 322:33-5-145 TELEPFIONE (904) 247-5500 FAX 1904) 247----N05 SLUN 'OAI 852-5800 James McLaurin 571 Camelia Street Atlantic Beach, FL 32233 -- Dear Sir: Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: Re: 671 Camelia Street a/k/a S. 40 ft. Lot 2, Block 123 RE# 170899-0000 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 12-1-6, i.e., the dead trees in the rear yard are a danger to your home as well as to surrounding homes and people. Please have the trees removed within the time allotted. You are hereby notified that unless the conditions above described are remedied within fifteen (16) days from the date of your receipt hereof this case will be turned over to the Code Enforcement Board. Under Florida Statute 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/pah cc: Public Safety Director VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 97-6383 August 11, 1997 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 2nd day of September, 1997 AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violation(s) of the following Section(s): Chapter 24,Section 24- 154 Display of Used Items and Chapter 17, Unpermitted Signs the Code of the City of Atlantic Beach. It is alleged that you are in violation of the above enumerated code section (s) in that there exists on the premises located at 56 West 6th Street, (RE# 177613- 0000) the City of Atlantic Beach, the following condition(s): outside display of used items and unpermitted signs on the pyemesis 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: 1 .- CRETARY G. E. MARTIN Chairman, Code Enforcement Board CODES ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION served notification to: JOHN OMEARA 296 ROYAL PALMS DRIVE ATLANTIC BEACH, FL 32233 this I�- day of AA- , 1997. AT IS �CU A.M./P This notification was in reference to: A NOTICE OF HEARING OF THE CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF SEPTEMBER 2, 1997 7:30 P.M. CITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Server: Signature of Receiver: Dated: �'Y'✓� C�'�/ vi ` Please return to the City Clerk's Office. Thanks CODE ENFORCEMENT BOARD CITY OF ATLAN`T'IC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 97-6383 Petitioner, ) vs. ) SUBPOENA JOHN OMEARA - SOUTHERN EXPOSURE Respondent. ) -------------------------------- ) TO: NAME: JOHN OMEARA STREET 296 ROYAL PALMS DRIVE CITY ATLANTIC BEACH, STATE FL 32233 GREETINGS: YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board of the City of Atlantic Beach, Florida at City Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the day of. -SEPTEMBER 1997 at 7:30, p. m, in reference to violation of Section(s): 24-154, OUTSIDE DISPLAY OF USED ITEMS AND CHAPTER 17 UNPERMITTED SIGNS LOCATION OF VIOLATION: 296 ROYAL PALMS DRIVE Failure to appear subjects you to penalty of law. Dated this 11TH day of AUGUST , 1997. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY Secretary A110 a5l.- City of Atlantic Beach F� so Code Enforcement Board Case Presentation C. B. Date: Sept. 2,1997 Defendant :John Omeara Case # 97- -6383 Location :296 Royal Palms Drive ( Estate Sale) Southern Exposure International Inc. Re # 177613-0000 Violation: Chapter 24, Sec. 24-154, Display of Used Items Chapter 17, unpermitted signs Owner Occupied: x Rental Homestead :yes No x Code Enforcement Board Members: 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 tax records x ,title search ,Other 2. The nature of the violation is :Continuous display of used items for sale in the front of the store. Open sign displayed under business name sign. 3. 4. Inspection of the property was prompted as a result of a complaint, Routine inspection X , other 4. Notice of violation was issued to owner x /on June 27,1997, and on July 5, 1997 occupant on 5. Notice was achieved by certified mail X hand delivery--X—posting— method eliveryXposting_method of service meets with requirements of FSS 162-12. 6. 1 did X did not speak with the owner x occupant of the property. Mr. Omeara was verbally informed of the violations. He stated he was no longer involved in the business. Verification with the FL Dept. Of Corporations lists him as an officer in the corporation. 7. The latest inspection was a result of follow up of the original complaints. 8. The violation is still present x In compliance 9. In order to achieve compliance, it is necessary to: No longer display items for sale outside the building and not display any signs unpermitted. 10. 10. 1 do x Do not have photographs of the property and violations as they exist on the property. They represent a fair and accurate representation of the property at the time they were taken. 11. 1 would estimate that Five days would be sufficient time to correct the violation. 12. Further comments and recommendation : I have spoken to Mr. Omeara and Mrs. Omeara on several times regarding outside display of used items for sale as well as the unauthorized display of signs. With the exception of these violations they run a clean business and maintain the property in an above average condition. I recommend that a time certain be set for compliance, failure to comply resulting in a $250.00 per day fine and that any future violations be considered a 2"d violation and an automatic fine of $500.00 per day be levied. I further recommend that the costs to bring this before. the board be charged to the owner. Respectfully; Karl W. Grunewald Code Enforcement Officer Southern Exposure International Inc. Mr. John Omeara, Registered Agent 296 Royal Palms Drive Atlantic Beach, P13 223 3 Dear Sir, 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 PAX (904) 247-5805 SUNCOM 852-5800 I am enclosing as per your request a copy of the hand delivery certification indicating your receipt of notice to discontinue any outside display of used items in front of your place of business ie Estate Sales. At time of notification you were also notified by me to discontinue any display of unpermitted signs. Your cooperation with city ordinances is appreciated. Sincerely, Karl W. GTunewald Code Enforcement Officer c. Public Safety Director Via certified mail return receipt requested cec 6383 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 97-6079 August 11, 1997 Dear Mr. Shields: 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 2nd day of September, 1997 AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violation (s) of the following Section(s): Chapter 24.Section on 2.4- 163-2 Boat stored in front driveway, in front of the setback line the Code of the City of Atlantic Beach. It is alleged that you are in violation of the above enumerated code sections) in that there exists on the premises located at 405 Aquatic Drive, (RE# 171818- 5280, aka Lot 22d, Aquatic Gardens, the City of Atlantic Beach, the following condition(s): boat stored in front of front yard setback line. The Code Enforcement Board has the power to levy fines up to $250.00 per day for the first offense and $500.00 for the second offense against the property, if a violation is found to exist beyond the date set by the Board for compliance. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses, subpoenaed or if you have questions regarding the procedure, please contact Julie Brandt, Secretary of the Code Enforcement Board, within five days of the receipt of this notice at 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. Sincerely, ATTEST: ('SECRETARY G . E. MARTIN Chairman, Code Enforcement Board CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) Petitioner, ) vs. ) JOHN SHIELDS Respondent. ) -------------------------------- ) TO: NAME: JOHN SHIELDS STREET 405 AQUATIC DRIVE CITY ATLANTIC BEACH, STATE FL 32233 GREETINGS: [+�z0:01��`C�7�s rte. YOTJ 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 2ND day of SEPTEMBER 1997 at 7:30. p. m. in reference to violation of Section(s): 24-24-163-2 BOAT STORED IN FRONT OF FRONT YARD SETBACK LINE. LOCATION OF VIOLATION: 405 AQUATIC DRIVE Failure to appear subjects you to penalty of law. Dated this 11TH day of AUGUST , 1997. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY Secretary o� Q�(LANTFC F City of Atlantic Beach J �� aP Code Enforcement Board Case Presentation C. B. Date: Sept. 2,1997 Case # 97- -6079 Defendant :John E. Shields Location :405 Aquatic Drive Lots 22d, Aquatic Gardens Re # 171818-5280 Violation :Chapter 24, Section 24-163-2 Boat stored in front of front yard set back Owner Occupied :—Rental x Code Enforcement Board Members: im Homestead :yes x No Inspection of the above property revealed that a violation of the code of the City of Atlantic Beach is present. Ownership of the property was determined through the tax records x ,title search ,Other 2. The nature of the violation is: Boat stored in front driveway , in front of set back line 3. Inspection of the property was prompted as a result of a complaint. x Routine inspection X , other 4. Notice of violation was issued to owner x /on May 1, 1997, occupant x on April 30,1997 5. Notice was achieved by certified mail X hand delivery posting X method of service meets with requirements of FSS 162-12. 6. 1 did did not X speak with the owner x occupant of the property. 7. The latest inspection was a result of follow up of the original complaints. 1 8. The violation is still present x In compliance 9. In order to achieve compliance, it is necessary to : Remove the boat from the front of the residence 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. 12. Further comments and recommendation : Mr. Shields is a repetitive violator of the city code, Since 1993 there have been eight complaints against the property from garbage and trash, weeds and boats and cars. Although Mr. Shields is listed as homesteading his property he obviously rents and does not maintain his property. I recommend that the boat be moved within five days at which time the code enforcement officer be ordered by the board to impound the boat. In addition I recommend that if the property fall into violation of any city code in the future that a fine of $250.00 per day begin the day observed by the code enforcement officer. I further recommend that the administrative costs to bring this before the board be charged to the violator. Respectfully; Karl W. Grunewald Code Enforcement Officer 2 MAY 1, 1997 John E. Shields 405 Aquatic Drive Atlantic Beach, FL 32233 Dear Mr. Shields, '46� ./ 9 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE X904) 247-5800 FAX (904) 247-5805 SUNCOM 8.52-5800 Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: Re: 405 Aquatic Drive a/k/a Lot 22D Aquatic Gardens RE#171818 5280 Investigation of this property disclosed that I have found and determined that you are in violation of Chapter 24, Section 24-16342), i.e., boat, FL_9313HG, stored in front of front yard setback line. You are hereby notified that the conditions above described must be remedied within five (5) days from the date of your receipt hereof or this case will be turned over to the Code Enforcement Board. Under Florida Statute 162.09, the Code Enforcement Board may impose fines of up to $250.00 per day for a first violation and $500.00 for a repeat violation. Sincerely, Karl W. Grunewald Code Enforcement Officer KWG/pah cc: Public Safety Director VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 97-6311 August 11, 1997 San Hung Tong • AQUATIC DRIVE Atlantic Beach, 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 2nd day of September, 1997 AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violation(s) of the following Section(s): Chapter 12.,Section 12-1- 3 High Grass and Weeds of the Code of the City of Atlantic Beach. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 434 Skate Road RE# 171560-0000, aka Lot 17, Block 19 Royal Palms 2A) the City of Atlantic Beach, the following condition(s): high grass and weeds in the front, side and rear yards 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: y�� / r (.. CRETARY G. E. MARTIN Chairman, Code Enforcement Board CODES ENFORCEMENT BOARD CITY OF ATLAN'T'IC BEACH RECEIPT OF NOTIFICATION served notification to: SAN HUNG TONG 363 AQUATIC DRIVE ATLANTIC BEACH, FL 32233 this Z�J day of AU( ) , 1997. AT (0,10) 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 2, 1997 7:30 P.M. CITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA. Signature of Server. A . Signature of Receiver: i Dated: Please return to the City Clerks Office. Thanks 9-r "A17 ! ( CODE ENFORCEMENT BOARD CITY OF ATLAN'T'IC BEACH, FLORIDA CITY OF ATLAN`T'IC BEACH, FLORIDA, ) VIOLATION NO. 97-6311 Petitioner, ) vs. ) SUBPOENA SAN HUNG TONG Respondent_ TO: NAME: SAN HUNG TONG STREET 363 AQUATIC DRIVE CITY ATLANTIC BEACH, STATE FL 32233 GREETINGS: YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board of the City of Atlantic Beach, Florida at City Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the 2ND day of SEPTEMBER 1997 at 7:30, p. m. in reference to violation of Section(s): 12-1-3, HIGH GRASS AND WEEDS IN FRONT, SIDE AND REAR YARDS LOCATION OF VIOLATION: 434 SKATE ROAD Failure to appear subjects you to penalty of law. Dated this 11TH day of AUGUST , 1997. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY QIA.Z,c_t� � . Secretary City of Atlantic Beach �cOR1o� Code Enforcement Board Case Presentation C. B. Date : Sept. 2,1997 Defendant : San Hung Tong Case # 97- -6311 Location :434 Skate Road Lot 17, Blk 19, Royal Palms 2A Re # 171560-0000 Violation :Chapter 12, Section 12-1-3 High grass and weeds 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 tax records x ,title search ,Other 2. The nature of the violation is: High grass and weeds continuously in front ,side and rear yard. 3. Inspection of the property was prompted as a result of a complaint, x Routine inspection X , other 4. Notice of violation was issued to owner x /on June 30,1997, occupant on 5. Notice was achieved by certified mail X hand delivery—posting— method eliveryposting_method of service meets with requirements of FSS 162-12. 6. 1 did X did not speak with the owner x occupant of the property. Mr. tung explained to me that he could not cut grass because of tenants dogs. That he would cut it after vacating premises. His attorney Mr. Noe assured me of his intended action. 7. The latest inspection was a result of follow up of the original complaints. 8. The violation is still present x In compliance 9. In order to achieve compliance, it is necessary to : cut the vegetation and maintain it on a regular basis. 10. 10. 1 do x Do not have photographs of the property and violations as they exist on the property. They represent a fair and accurate representation of the property at the time they were taken. 11. 1 would estimate that Five days would be sufficient time to correct the violation. 12. Further comments and recommendation : Mr. San Tong was notified in November of 1996 that his property was overgrown and that this was the sixth notice of complaint sent to him, in June of 1997 he was again noticed and now is again in violation and is called to appear at this board. I recommend that a time certain be set for compliance, failure to comply resulting in a $250.00 per day fine and that any future violations be considered a 2nd violation and an automatic fine of $500.00 per day be levied. I further recommend that the costs to bring this before the board be charged to the owner. Respectfully, Karl W. Grunewald Code Enforcement Officer K CITY OF 5, M7 Mr_ San Tung 363 Aquatic Drive Atlantic Beach,F132233 Dear -Sir: 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904 ) 247-5805 SUNCOM 8-52-:Y,1,,00 Our records indicate that you- are the owner of the following property in the City of Atlantic Beach, Florida: Re: 434 S=kate -Road &Wa Lot 17 Block 19, Rip 2A REW 15611-0006 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, i.e.,high grass and weeds. You are -hereby notified that unless the conditions above described are remedied within rive (5) days from the date of your receipt hereof this case will be turned over to the Code Enforcement Board. Under Rorfda Statutes 962.09, 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. KWG/pah cc: Public Safety Director VIA CERTIFIED MAIL RETURN -RECEIPT REQUESTED Sincerely, E 4a- rl W: Grunewald Code Enforcement Officer CITY OF 1 � f Ead - �'&z C 4 a 800 SEMINOLE ROAD �-- _ - _-__-- _ . ---- - ATLANTIC BEACH, FLORIDA 32233-.-i i:, TELEPHONE (904) 247-5500 Nove0, 1996 FAX (904) 247-5805 SUNCOIII852-5800 San Hong Tung 363 Aquatic Drive Atlantic Beach, FI 32233 Dear Sir: Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida - Re: 434 Skate Road a/k/a Lot 17, Block 19, Royal Palms 2A RE#171560-0000 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, i.e., High Grass and Weeds. Please cut and maintain vegetation on a regular basis. This is the sixth notice since 1994 of code violations sent to you. 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 tothe 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/pah cc: Public Safety Director VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED