05-11-01 CEB MinutesCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
MAY 1, 2001
Call to Order: PRESENT: Curtis Sanders, Chairman
Richard Mann
Mamie W. Hurd
James Pelky
Peter Wynkoop
AND:
Alex Sherrer, Code Enforcement Officer
Suzanne Green, Prosecuting Attorney
Alan Jensen, City Attorney
Patti Kotchkowski, Secretary
ABSENT: Tami Deitchman
Carl Russell
The meeting was called to order at 7:30 p.m. by Chairman Curtis Sanders, followed by
the Pledge of Allegiance to the Flag.
1. The Secretary read the roll, finding that Board Members Tami Deitchman
and Carl Russell were absent.
2. Approval of the Minutes of the Regular Meeting held on March 6, 2001.
Following a brief review of the Minutes of the March 6, 2001 meeting, a motion was
made by Richard Mann, seconded James Pelky and unanimously carried to approve the
minutes as presented.
3. Recognition of Visitors and Guests regarding any matters that are not listed on the
agenda.
There were no visitors present at the meeting.
New Board Member Peter Wynkoop was introduced by Chairman Sanders.
4. Unfinished Business:
There was none
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5. New Business
Chairman Sanders brought to the Boards attention that the next meeting was scheduled
for July 3 and asked if they would like to move to July 10, to which the board agreed.
Secretary Kotchkowski read the case procedures to be followed and all witnesses were
sworn in.
A. Case No. 075-01 — Benjamin Brown, 457 Sailfish Dr., a/k/a Lot 1, Block 27,
Royal Palms Unit 2A. The owner of the property was in violation of Chapter 12,
Section 12-1 (b)(7): Outside Storage of Miscellaneous Materials. Mr. Brown was
also charged with Chapter 24, Section 24-104: Operation of a Junkyard in a
Residential District.
Code Enforcement Officer Sherrer presented a brief history of Mr. Brown's property
and distributed and reviewed various documents pretaining to the property. Chairman
Sanders inquired if Mr. Brown was given copies of the information before the
hearing. Code Enforcement Officer Sherrer and Mr. Brown responded that he had
received the documents.
Mr. Brown indicated that he subsidized his disability checks of $474.00 a month by
selling scrap metal. Mr. Brown pointed out that his property was not a junkyard, and
the material was brought in on a trailer. He indicated that the photographs that Code
Enforcement Officer Sherrer displayed showed materials stored behind a privacy
fence. He stated everything shown in the photographs was gone. Mr. Brown reported
that what was stored on his truck was not junk, but shovels, rakes and different things
that he used when going out to pick up various things to sell and make a living. Mr.
Brown also indicated that other people were dumping things outside his fence, and
just recently someone dumped tires on the other side of the street, which he stacked
up for the city to pick up.
Board member Hurd inquired if Mr. Brown's property was now in compliance and
Code Enforcement Officer Sherrer replied that Mr. Brown property was in
compliance, other then the tires being stacked up. Mr. Brown stated that if the city
doesn't pick up the tires; he would take the tires down town for disposal.
Allen and Debbie Monte of 596 Seaspray Avenue expressed' the concern that Mr.
Brown brought home appliances and other miscellaneous items and stored them in his
yard. Mr. Monte also expressed concern that Mr. Brown was operating a scrap metal
business in a residential district. Mr. Monte felt that the neighborhood's safety and
health issue were involved, since children lived and played up and down the street.
Mr. Monte indicated he had also noticed that there were more rodents in his yard, and
he had to hire an exterminator for the first time in 12 years.
A brief discussion ensued, 'and Code Enforcement Officer Sherrer recommended that
Mr. Brown be fined the full $5,000 for outside storage of miscellaneous materials,
$2,500 for operating a junkyard in a residential district, to be stayed pending any
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future violations of the same type. Code Enforcement Officer Sherrer also
recommended that Mr. Brown be assessed administrative costs of $815.50 for holding
this hearing. Mr. Brown indicated that payment of administrative cost would cause a
hardship for him, since he would have to use (2) two disability checks to pay the
costs.
After a brief discussion, a motion was made by Board Member Mann seconded by
Board Member Hurd and unanimously carried to find Mr. Brown in violation of the
City Code Chapter 12-1 (b) (7), for outside storage of miscellaneous materials and
Chapter 24, Section 24-104 operation of a junkyard in a residential district. The Code
Enforcement Board voted to fine Mr. Brown $5,000.00 as a repeat violator of Chapter
12-1 (b) (7) and also $2,500.00 as a repeat violator of Chapter 24, Section 24-104
under the Florida Statue 162.09 (2).- The Code Enforcement Board voted not to levy
the fine at this time. The Board instructed Mr. Brown that if in the future, he was
again found to be in violation, of the above mentioned sections of the City Code the
$7,500.00 fine would be reinstated. The Board directed that these fines be deferred
pending any repeat violations and that they be levied independent to any additional
board actions. The Board assessed Mr. Brown administrative expenses of $815.50 to
be paid within 90 days. Chairman Sanders inquired if Mr. Brown understood what
had just transpired. Mr. Brown indicated that he understood.
6. Board Member Comments:
There was none.
7. Adjournment
There being no further discussion or business to come before the Board, the meeting
adjourned at 8:45 P.M.
Curtis S ders, Chairman
Code Enforcement Board
Attest:
Patti Kotchkowski - Secretary
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