11-13-01 CEB MinutesCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
NOVEMBER 13, 2001
Call to order: PRESENT: Curtis Sanders, Chairman
James Pelkey
Mamie W. Hurd
Ray Breault
AND: Alex Sherrer, Code Enforcement Officer
Alan Jensen, City Attorney
Julie M. Brandt, Secretary
Gina Lundgren
ABSENT: Richard Mann
Carl Russell
Peter Wynkoop
The meeting was called to order at 7:30 p.m. by Chairman Curtis Sanders, followed by the Pledge of Allegiance to
the Flag.
The Secretary read the roll, finding that Board Members Richard Mann, Carl Russell and Peter `Vynkoop
were absent.
Approval of the Minutes of the Regular Meeting held on September 4, 2001.
Following a brief review of the Minutes of the September 4, 2001 meeting, a motion was made by Mamie
Hurd, seconded by Chairman Curtis Sanders, and unanimously carried to approve the minutes as presented.
Recognition of Visitors and Guests regarding any matters that are not listed on the agenda.
There were no visitors or guests present at the meeting.
Chairman Sanders introduced New Board Member Ray Breault and new secretary Gina Lundgren.
3. Old Business:
A). Follow-up on Case No. 075-01 — Benjamin Brown Jr., 457 Sailfish Drive (Lot 1, Block 27, Royal
Palms Unit 2A).
Code Enforcement Officer Sherrer informed the Board that Mr. Brown had been maintaining his property
in good order. Mr. Brown still owes on the administrative fees and he's stated he will have all the fees due
by the deadline, which is December 4, 2001
B). Follow-up on Case No. 342-01 — James Baker, 598 Seaspray (Seaspray Lot 33, Block 4).
Code Enforcement Officer Sherrer informed the Board that Mr. Baker's property was in compliance 100%.
Two. sheds have been removed and the one remaining shed has been permitted and approved. A discussion
with the actual owners who reside in California requested an extension on the fees. As of today Officer
Sherrer had not received any requests for those extensions. A brief discussion ensued on providing an
extension to Mr. Baker. Since extensions were granted for Mr. Brown, the Board Members expressed that
they be equally fair and provide a 90 -day extension for Mr. Baker.
A motion was made by Board Member Hurd, seconded by Board Member Pelkey and unanimously
carried to acknowledge a 90 -day extension to Mr. Baker. Chairman Sanders requested Code
Enforcement Officer Alex Sherrer to grant an extension to pay all fines and administrative expenses
totaling $842.41 by February 13, 2002.
Q. Chairman Sanders reviewed the minutes of September 4, 2001 and requested an update of the
boat that was in the front of the yard.
Code Enforcement Alex Sherrer replied that the boat was in compliance. The owner had actually turned
the boat sideways and put it up across the front of his house.
D). Chairman Sanders requested an update from Code Enforcement Officer Sherrer in regards to
business sign enforcement.
Since June, signs have been surveyed under the existing ordinance that required that all business signs
come into compliance with the current regulations. Approximately two weeks ago, the City Commission
voted to change the ordinance allowing existing signs to be grandfathered under the old regulations. There
will be two public meetings regarding the grandfathering of non-compliant signs. There were
approximately 64 businesses that would have had to change their signs, some of these would involve costs
of up to $40,000 to remove or modify them. With the proposed changes, only 19 businesses will have to
comply with the new sign ordinance. These are the businesses that have dilapidated signs, signs that are in
the city right of way or signs that are too close to the power lines.
4. New Business:
A). Discussion of the Government -in -the -Sunshine Law — City Attorney.
The Sunshine Law in the state of Florida in essence provides access to Governmental meetings by the
public at both state and local levels; this applies to elected bodies and to appointed bodies. A brief
discussion from Mr. Jensen advised the board members what you can and cannot do under these laws.
B). Code Enforcement Case Load Update — Code Enforcement Officer Sherrer:
To date 2,489 different violations have been corrected. Upon reviewing the report the largest portion are
the signs. These are real estate signs, posted signs on utility poles or yard sale signs improperly placed.
The other category belonging to animals does not mean animal control. This is where people have called in
and complained that the neighbors are keeping an animal in a garage. If these are cases that are real bad the
Health Department is notified. But the 6 cases that have been reported are cases of nuisance and Code
Enforcement Alex Sheffer stated that these were areas that he was able to enforce and have cleaned up.
Under the category of Recreational Vehicles, Officer Sherrer noted that this number might possibly
increase due to the new code change for zoning. The code change may give homeowners a 15 ft setback
instead of 20 ft but may limit the recreational vehicle to one per property. Officer Sherrer then explained
the monthly report indicated "Call Ins" are all calls coming directly to him. "CE Identified" means these
are the items that Officer Sherrer has identified by driving through the community.
Q. Date Change for January Meeting — The January 1, 2002 meeting of the Code Enforcement
Board has recommended that it be changed to January 8, 2002
A motion was made by Board Member Breault and seconded by Board Member Hurd and
unanimously carried to approve that the next meeting be conducted on January 8, 2002.
5. Board Member Comments:
No comments were brought before the board.
6. Adjournment
There being no further discussion or business to come before the Board, the meeting adjourned at 8:00
P.M.
Attest:
Gina Lundgren - Secretary
Curtis Sanders, Chairman
Code Enforcement Board
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G_ TI JF ATLANTIC BEAM.
C.B. Date: September 3, 2002 Defendants: MR. KELLY E. WILSON
MRS. RUTH WILSON
Case # 651-01 Location: 615 ATLANTIC BLVD
A/K/A 10-8 20 -2S -29E USD3 SALTAIR SEC 1 LOTS 767, 768, 769, 770
RE# 170665-000-9
Violation:
CHAPTER 17, SEC 17-9 BUSINESS SIGN EXTENDING ABOVE CITY RIGHT OF WAY
Owner Occupied: X Rental: Homestead: Yes No X
Code Enforcement Board Members:
1. Inspection of the property revealed that a violation of the
Code of the City of Atlantic Beach is present. Ownership of
the property was determined through:
Tax Records x Title Search Other
2. The code #(s) and nature of the violation(s) discovered are:
CHAPTER 17, SEC 17-9 BUSINESS SIGN EXTENDING ABOVE CITY RIGHT OF WAY
3. The inspection was prompted as a result of a:
Complaint X Routine Inspection _ Other
4. A violation notice was issued to the owner/occupant on: AUGUST 6, 2001 AND AUGUST 8, 2002
5. Notice to the owner -occupant was achieved by:
Certified Mail X Delivery Posting of Property. The method of service meets with
requirements of Florida Statutes 162-12.
6. 1 did X did not speak with the owner X someone in charge of the property
concerning the violations.
7. Brief description:
In July of 2001 the City's Code Enforcement Office began to investigate all business signs within the
jurisdiction of the City of Atlantic Beach for compliance with City Code. This investigation was prompted
because of complaints received involving the condition and placement of business signs throughout the City.
The business sign located at 615 Atlantic Blvd was one such sign and was found to be in violation of Chapter
17, Sec 17-12; Sign placed within the 5 ft setback and Chapter 17, Sec 17-9; Sign extending above the City's
Right of Way. A certified letter was mailed to Mr. Kelly Wilson on August 7, 2001 allowing 30 days for
compliance.
On December 12, 2002 the City Commission Grand -fathered all existing business signs with the exception of
those that were found to be of a safety risk, were over 25% deteriorated, within 5 ft of power lines, and signs
protruding or overhanging into the City Right of Ways. All businesses signs that were Grand fathered were
notified in writing. Those that were not Grandfather received either a phone call or a personal visit.
Wilson and Wilson received a personal visit in January Of 2002 at which time Mr. Kelly Wilson said that his
wife was handling everything concerning the sign issue. I received a call the next day from a Mr. Taylor of
Taylor Signs, who said he was working with the Wilsons. In May of 2002, 1 contacted Taylor Signs
concerning the Wilson Sign, and was told that everything was pending. I contacted the Wilsons and was told
by Mrs. Wilson that times were tough but she would work with the Zoning Office about options.
July 3, 2002 no progress had been made towards compliance, a certified letter was mailed to the Wilsons
allowing for 30 days to comply. The letter was received and signed for on July 8, 2002.
PAGE 2
CODE PRESENTATION SHEET
8. The latest inspection was made August 13, 2002.
9. The business sign violation(s) is still present X in compliance _.
10. In order to achieve compliance, it is necessary to correct the violation:
By remove moving the business sign.
11. Ido X do not have a photograph of the property and violation as it existed on the property.,
It represents a fair and accurate representation of the property at the time it was taken.
12. 1 would estimate that 14 days for the sign removal would be sufficient time to correct the violation.
13. Further Comments:
14. Summary:
Mr. And Mrs. Wilson have had more then sufficient time to bring their property into compliance with City
Code and that the 14 days to correct the violation is for the removal of the sign. Any relocation or
replacement of the sign will have to be permitted and approved by both the Building and Zoning
Departments.
15. Recommendations:
That Mr. And Mrs. Wilson be found guilty for non-compliance, and per Florida Statute 162.07 (2) be
assessed the full administrative costs of conducting this hearing, and per Florida Statute 162.09
(2)(a) be fined $250.00 dollars a day for every day past the compliance date, up to the full $2,500.00.
If upon the 24`h day, the violation is not corrected, the City of Atlantic Beach be directed to have the
sign removed and that all costs incurred be billed to Mr. And Mrs. Wilson.
Respectfully submitted,
Alex Sherrer
Code Enforcement Officer
Code Enforcement Administrative Charges for Presentation to the Board
Pursuant to Florida Statute 162.07 (2) the following charges for prosecuting this case before the Code
Enforcement Board shall be charged to the violator provided he or she are found in violation.
Code Enforcement Board Meeting: September 3, 2002
Case Number; 651-01: Mr. Kelly E Wilson & Mrs. Ruth Wilson, 615 Atlantic Blvd, Atlantic Beach, FL 32233
Code Enforcement Officer, $ 14.95 per hour x 13 hours = $194.35
Code Enforcement Secretary, $ 10.00 per hour x 3 hours = $ 30.00
Code Enforcement Attorney, $125.00 per hour x 2 hours = $250.00
Postage, Certified Mail, $ 3.74 x 2 = $ 7.48
Copies, Xerox $ .10 x 140 pages = 14.00
Total Charges $495.83
September 3 2002
Alex
Code Enforcement Officer