05-01-01 CEB Meeting 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 BusinesV
There was none
1
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.
Attest:
Patti Kotchkowski - Secretary
3
Curtis Sanders, Chairman
Code Enforcement Board
May 3, 2001 BY CERTIFIED MAIL
Benjamin Brown
P.O. Box 51513
Jacksonville Beach, FL 32240
Reference: Code Enforcement Board Meeting — May 1, 2001
Administrative Expenses for Case No. 075-01; RE# 171374-0000
Dear Mr. Brown:
During the May 1, 2001, Code Enforcement Board Meeting, -you were assessed
$815.50 for administrative expenses incurred by the City of Atlantic Beach in
processing this case. This amount is due and payable to the City of Atlantic Beach
within ninety (90) days from the date of this letter. If not paid within ninety, the
$815.50 amount will become a lien against your property with interest of 10% per
annum from the date of certification until paid.
CITY OF ATLANTIC BEACH
Alex Sherrer
Code Enforcement Officer
AS/pk
--------------------------------------------------------------
Benjamin Brown May 1, 2001, Code Enforcement Board Meeting
457 Sailfish Drive Administrative Costs Assessed: May 1, 2001
Jacksonville Beach, FL 32233 Case #075-01 - RE#171374-0000
Amount Due: $815.50
PLEASE ENCLOSE THE SECOND COPY OF THIS LETTER WITH YOUR
PAYMENT.
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Domestic Return Receipt
CITY OF ATLANTIC BEACH
C.B. Date: September 4, 2001
Case #342-00
Violation:
Defendant: MR. JAMES W. BAKER
Location: 598 SEASPRAY AVE
A/K/A 35 -6417 -2S -29E SEASPRAY LOT 33 BLK 4
RE# 170703-0432
CHAPTER 12, SECTION 12-1 (1) (2) (3) & (7): REFUSE ACCUMULATION
CHAPTER 24, SECTION 24-151 (3) f: MORE THEN ONE ACCESSORY STRUCTURE
CHAPTER 24, SECTION 24-65 (c): NO BUILDING PERMIT FOR ACCESSORY STRUCTURES
CHAPTER 21, SECTION 21-24 (b) ACCUMULATION OF ONE (1) OR MORE INOPERATIVE VEHICLES
Owner Occupied: X Rental: Homestead: Yes X No
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 12, SECTION 12-1 (1) (2) (3) & (7): REFUSE ACCUMULATION
CHAPTER 24, SECTION 24-151 (3) f: MORE THEN ONE ACCESSORY STRUCTURE
CHAPTER 24, SECTION 24-65: NO BUILDING PERMIT FOR ACCESSORY STRUCTURES
CHAPTER 21, SECTION 21-24 (B) ACCUMULATION OF ONE (1) OR MORE INOPERATIVE VEHICLES
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: MARCH 9, 2001
5. Notice to the owner -occupant was achieved by:
Certified Mail DeliveryPosting of Property. X The method of service meets with
requirements of Florida Statutes 162-12.
6. 1 did did not speak with the owner someone X in charge of the property
concerning the violations.
PAGE 2
CODE PRESENTATION SHEET
7. Brief description:
On October 19, 2000, in response to a complaint of excessive refuse and abandoned vehicles in
both the front and back yards, an inspection of 598 Seaspray Ave was conducted. My inspection
of the front yard, revealed one unregistered vehicle and refuse, the back yard was enclosed with a
privacy fence and was inaccessible for inspection. A Courtesy Notice of Violation was placed on
the front door of 598 Seaspray Ave, with a note for the owner to contact me.
On October 26, 2000, I was contacted by and met with Mr. Marvin Baker, who identified himself
as the caretaker. After discussing the seriousness of the reported violations, Mr. Baker agreed to
a full inspection of the front and back yards. My inspection revealed the front yard was now in
compliance, but inspection of the backyard revealed several serious violations. These violations
included three junk automobiles, with large piles of refuse and old used household furnishings
throughout. Much of the backyard was inaccessible because of the sheer amount of rubbish,
much of which was either out in the open, under tarps, in bins and in sheds. After a lengthy
conversation about the violations, Mr. Baker agreed to correct the violations over an unspecified
amount of time, with monthly progress checks.
Over the next several months, attempts to meet with Mr. Baker were unsuccessful. Only after
posting several notes on the front door, did Mr. Baker arrange for an inspection. On March 5,
2001, an inspection was conducted, and while some progress had been made, additional
violations were identified, including additional refuse which had been deposited elsewhere on the
property. Mr. Baker was told that his rate of progress was found unacceptable, and that the
accessory buildings (sheds) would also need to be corrected. Mr. Baker received an official
Notification of Violation on March 9, 2001, with a required compliance date of thirty (30) days
from receipt.
8. The latest inspection was made May 31, 2001 as a result of following up on the original complaint(s)
9. The violation(s) is still present X in compliance _.
10. In order to achieve compliance, it is necessary to correct all of the violations and maintain the
property:
By removing all trash and rubbish from the property; remove two of the three (3) accessory
buildings (sheds), ensure the remaining shed is properly permitted, and meets code; and
either remove all inoperative vehicles from the property or properly repair and title them.
11. 1 do X do not have photographs of the property and violations as they existed on the
property. They represent a fair and accurate representation of the property at the time they were taken.
12. 1 would estimate that 30 day(s) would be sufficient time to correct the violation.
PAGE 3
CODE PRESENTATION SHEET
13. Further Comments:
Mr. Baker's has been cited for these same violations of City Code on ten (10) separate
occasions since 1989, for thirteen (13) separate violations and has been brought before the
Code Enforcement Board twice. Mr. Baker was cited for excessive rubbish in February 1989,
August and September 1993, June and August 1997, April 1998, and August 1998; for illegally
storing junk/abandoned vehicles on February 1989, June 1992, September and October 1993,
May 1997 and August 1997; for violating vegetation height restrictions in June 1995, October
1996, August 1997 and April 1998.
On September 11, 1993, Case# 0061, Code Enforcement hearing was held for excessive
rubbish. .Mr. Baker was given thirty days to come into compliance. No assessments or fines
were imposed.
On September 8, 1998, Case# 98-7518, Code Enforcement hearing was held for the violations
of excessive rubbish and the storage of junk vehicles. Mr. Baker was given 30 days to come
into compliance. Mr. Baker was also assessed $110.68 for administrative fees and given a
$250.00 fine, both of which remain outstanding.
14 Summary:
The Code Enforcement Officer has been trying to work with Mr. Baker for the past eleven (11)
months to resolve these violations. Mr. Baker has been before the Code Enforcement Board
on two separate occasions and found in violation of City Code both times. Mr. Baker has been
issued 13 notices of violation, and still continues to violate City Code.. Mr. Baker has chosen
not to pay his previous assessments and fines, and while there's no proof that Mr. Baker did
not bring his property into compliance in the past, two of the three illegally stored vehicles
appear to be identical to those previously cited.
15 Recommendations:
That Mr Baker be found guilty for non-compliance, and per Florida Statute 162.09 (2)(a) be
fined the full $5,000.00 each as a repeat violator for the illegal accumulation of rubbish and
the illegal storage of junk vehicles on his property, for a total of $10,000.00. That Mr.
Baker's fine be assessed at 50% of the $10,000.00, with the additional $5,000.00 deferred
pending compliance within thirty (30) days. If at the end of thirty days, Mr. Baker fails to
bring his property into compliance, he will be assessed the full amount for a total of
$10,000.00, plus $250.00 a day after thirty (30) days for each violation involving the illegally
erected accessory buildings, for a total of $500.00 a day. Furthermore I recommend that
Mr. Baker be assessed the full administrative costs of conducting this hearing, per Florida
Statute 162.07 (2).
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 4, 2001
Case Number; 075-01: Mr. James W. Baker, 598 Seaspray Ave, Atlantic Beach, FL 32233
Code Enforcement Officer, $ 14.35 per hour x 22 hours = $330.05
Code Enforcement Secretary, $ 9.76 per hour x 3 hours = $ 29.28
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 756 pages = 75.60
Total Charges $692.41
September 4, 2001
Alex Sherrer
Code Enforcement Officer
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
CASE NO. 342-00
July 10, 2001 BY CERTIFIED MAIL
Mr. James W. Baker
598 Seaspray Ave
Atlantic Beach, FL 32233
Dear NIr. Baker:
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 were originally scheduled to appear before the Code Enforcement Board on Tuesday, the
10`h day of July, 2001 and have since requested a postponement due to illness. Your request for a
postponement has been granted and your case has been rescheduled for the next meeting of the Code
Enforcement Board. No additional requests for a postponement will be granted, and a failure to show will
not disallow your case from being heard in your absence.
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement
Board on TUESDAY, the 4th day of September, 2001, 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 Section(s) of the Code
of the City of Atlantic Beach: Chapter 12, Section 12-1 (1) (2), (3) & (7)• Nuisances Chapter 21
Section 21-24 (b): Traffic and Motor Vehicles Chapter 24, Chapter 24 Section 24-65 (c) and
Section 24-151 (3) (t): Zoning & Subdivision ReLyulations. It is alleged that you are in violation of the
above enumerated code section(s) in that there exists on the premises located at 598 Seaspray Ave, a/k/a
35-64 17 -2S -29E, Seaspray Lot 33, Block 4, of the City of Atlantic Beach, the following condition(s):
Refuse accumulation, More then one accessory structure No building permit for accessory
structures, Accumulation of one (1) or more inoperative vehicles
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. If the violation is corrected and then recurs or if the violation is not
corrected by the time specified for correction by the code inspector, the case may be presented to the
enforcement board even if the violation has been corrected prior to the board hearing.
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 Patti Kotchkowski, Secretary of the Code Enforcement Board within five days of the
receipt of this notice at 247-5810. Please note the presence of a court reporter for the purpose of insuring
a verbatim record in the event an appeal should be secured at your expense.
Sincerely,
Curtis M. S nders, Jr - Chairman
Code Enforcement Board
CODE ENFORCEMENT BOARD NOTICE OF JULY 10, 2001 PLACED ON DOOR OF 598 SEASPRAY AVE, ATLANTIC BEACH, FL ON AUGUST 14, 2001
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CITY OF ATLANTIC BEACH - FLORIDA
CODE ENFORCEMENT BOARD MEETING
The Regular Meeting of the City of Atlantic Beach Code Enforcement
Board will be held on Tuesday, September 4, 2001 7:30 p.m. in the
Commission Chambers, 800 Seminole Road, Atlantic Beach, Florida.
All persons interested are notified to be present at said time and
place and they shall be heard. If a person decides to appeal any
decision at any meeting or hearing, he will need a record of the
proceedings, and for such purpose may need to ensure that a
verbatim record of the proceedings is made, which record shall
include the testimony and evidence upon which appeal is to be
based.
In accordance with the Americans with Disabilities Act, and Section
286.26, Florida Statutes, persons with disabilities needing
special accommodation to participate in this proceeding should
contact Maureen King, City Clerk, at 247-5809 or at City Hall, 800
Seminole Road
Published: Beaches Leader August 29, 2001
Posted: City Hall
I
800 Seminole Road
Atlantic Beach, FL 32233
Phone: 904-247-5809
Fax: 904-247-5846
To: From: f lam(
Fax: -Z4;9 - /60/ Date:
Phone: Pages: a
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