Loading...
11-05-97 CEB Meeting AgendaCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P.M., NOVEMBER 5, 1997 Call to order Pledge of Allegiance to the Flag Roll Call Approval of the Minutes of the Regular Meeting held September 2, 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.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 Page -2- Code Enforcement Board Agenda November 5, 1997 Meeting 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). 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, 1997, we will request lien action under Item 5 of the agenda. During the September 2, 1997 Code Enforcement Board Meeting, the Board determined that Mr. Eiras was in violation of the Board's order of June 10, 1997 and operated his business for nine (9) days without the proper licensing and permits. At that time the Board voted to fine Mr. Eiras $2,250.00. Mr. Eiras has not paid the fine and the matter has been placed under Item 5, Request for Lien Action. Enclosed is a note from Mr. Eiras, which was hand delivered to the receptionist at City Hall. 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. During the September 2, 1997 meeting Mr. Banks was found guilty of the violation, given until September 4, 1997 to remove the washing machine from his front porch and assessed $93.73 administrative costs. Mr. Banks removed the washing machine, but as of this date he has not paid the administrative costs. 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 Page -3- Code Enforcement Board Agenda November 5, 1997 Meeting creating a health, safety and welfare condition. Mr. Covelli is a repeat violator having been cited four times since 1993 for the same violation. During the September 2, 1997 meeting, Mr. Covelli was found guilty of the violation. The Board determined if the property is found to be in violation again, he will be fined $100.00 per day for each day the violation exists. Mr. Covelli was assessed $93.73 in administrative costs which he has paid. 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. During the September 2, 1997 meeting, the Board found Ms. Fennick guilty, imposed no fine at that time but informed her if the property comes in violation again, she will be fined $100.00 per day for each day the violation exists. Ms. Fennick was assessed the $93.73 administrative costs and has paid them. 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. During the September 2, 1997 meeting, the Board found Mr. Ferber guilty, imposed no fine at that time but informed him if the property comes in violation again, he will be fined $100.00 per day for each day the violation exists. Mr Ferber was assessed $93.73 for administrative costs and has paid them. 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. Action on this item was deferred to the November 5, 1997 Board Meeting. Atlantic Theaters has since met all of the requirements of the Zoning and Tree Boards, as well as, the Code Enforcement Board. Page -4- Code Enforcement Board Agenda November 5, 1997 Meeting 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. During the September 2, 1997 meeting the Board found Mr. McLaurin guilty of the charges. Mr. McLaurin was given until September 17, 1997 to remove the tree and if it remained after said date, he would be fined $25.00 per day until the tree was removed. Mr. McLaurin met the deadline to have the tree removed and also paid his administrative fee of $93.73. 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. Mr, Omeara was found to be in compliance with the ordinance because proof was presented indicating the merchandise on display in front of the building was new, not fine was levied and the administrative fee was waived. 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. During the September 2, 1997 meeting, the Board found Mr. Shields guilty of the charges. Mr. Shields was given until September 17, 1997 to remove the boat from his front yard and if it remained after said date, he would be fined $100.00 per day until the boat was removed. Mr. Shields met the deadline to move the boat, but has not paid his administrative fee of $93.73. 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. During the September 2, 1997 meeting, the Board found Mr. Tong guilty of the charges. No fine was imposed, however, Mr. Tong was informed that if the violation occurred again, he would be fined $100.00 per day each day the property is in violation. Mr. Tong was also assessed the administrative fee of $93.73 and has paid it.. 4. NEW BUSINESS: Page -5- Code Enforcement Board Agenda November 5, 1997 Meeting Case No. 97-6740 - Sydney Simmons - 725 Atlantic Boulevard. This is the old Pic 'N Save building and the property is in violation of Chapter 12, Section 12-1-8 and Chapter 23, Section 23-36 in that there exists on the premises the following condition(s), Vegetation, high grass and weeds and a collapsing fence. Case No. 97-6724 - Christopher Allen, Aloha Landscaping Service - 49 Ardella Road. The owner of the property is a repeat violator in violation of Chapter 12, Sections 12-1-3, 12-1-7, 12- 1-8, Chapter 21, Section 21-24 and Chapter 24, Section 24-11 in that there exists on the premises the following condition(s): rubbish and trash deposited on the property, outside storage, abandoned vehicles, car parts, and the property is a health, safety and welfare violation. Case No. 97-6286 - Mansur Apturrahman - 303 Atlantic Boulevard - Al's Pizza. The owner of the property is in violation of Chapter 6, Section 6-108 and JEA Rules and Regulations 2.19 in that there exists on the premises the following condition(s): building numbers not visible from the street and not permanently attached to the building. Case No. 97-6814 - Kevin Rissmiller - 386 Sargo Road. The owner of the property is in violation of Chapter 12 Section 12-1-3 and 12-1-7 in that there exists on the premises the following condition(s): high grass and weeds in the front. yard and outside storage and abandoned vehicles on the property. 5. REQUEST FOR LIEN ACTION: Name Address Amount of Lien C.J. Eiras 86 Ocean Boulevard $2,250.00 6. BOARD MEMBER COMMENTS: 7. ADJOURNMENT