09-04-01 CEB Meeting MinutesCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
SEPTEMBER 4, 2001
Call to order: PRESENT: Curtis M. Sanders, Jr., Chairman
Tami Deitchman
Peter Wynkoop
Carl Russell
Mamie Hurd
ABSENT: Richard Mann
James Pelkey
Alan C. Jensen, City Attorney
AND: Suzanne Green, Prosecuting Attorney
Alex Sherrer, Code Enforcement Officer
Julie M. Brandt, Secretary
The meeting was called to order at 7:30 p.m. by Chairman Curtis Sanders, followed by the
Pledge of Allegiance to the Flag by all present.
Chairman Sanders requested that the roll be read. Secretary Brandt read the roll and it was
determined that Board Members Mann and Pelkey were absent.
1. Approval of Minutes of the May 1, 2001 Meeting
Following a brief review of the minutes, a motion was made by Board Member Russell,
seconded by Board Member Deitchman and unanimously carried to approve the minutes
of the Regular Code Enforcement Board Meeting of May 1, 2001 as presented.
2. Recognition of Visitors and Guests regarding any matters that are not listed on the
agenda.
There were no visitors or guests present.
Item 3, Old Business, was taken out of sequence and acted on after Item 4, New Business.
Chairman Sanders read the case number and indicated that Mr. James Baker was being brought
before the Code Enforcement Board for several violations. Secretary Brandt read the case
procedures to be followed. It was noted that neither Mr. Baker nor his representative was
present at the hearing.
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Minutes
Code Enforcement Board Meeting
September 4, 2001
4. NEW BUSINESS:
Case No. 342 -00 -James Baker, 598 Seaspray (Seaspray Lot 33, Block 4).
Code Enforcement Officer Sherrer explained that Mr. Baker, the owner of the property, was in
violation of Chapter 12, Section 12-1 (1) (2) (3) and (7), Chapter 21, Section 21-24(b), Chapter
24, Sections 24-151 (3)(f) and 24-65 (c) of the Code of Ordinances of the City of Atlantic Beach.
in that there existed on the property the following conditions: refuse accumulation, more than
one accessory structure, no building permit for the accessory structures, and the existence of one
or more inoperative vehicles.
Code Enforcement Officer Sherrer distributed a case presentation folder to each Board Member.
He indicated that Mr. Baker was aware of the meeting since he had been served a subpoena
instructing him to be present. The case presentation folder is attached and made part of this
official record as Attachment A.
Code Enforcement Officer Sherrer explained Exhibits 1-9 included in the case presentation
folder. It was pointed out that the first notice of violation occurred on October 19, 2000.
Exhibits 3, 4 and 5 showing photographs of the junk cars, rubbish and accessory structures on the
property were viewed. It was pointed out that between the first notice of violation and the
official Notification of Violation, which was signed for by Mr. Baker on March 9, 2001, very
little had been accomplished to bring the property into compliance, and additional refuse was
found on the property.
Code Enforcement Officer Sherrer reported that the last inspection of the property had been
conducted that afternoon and the inoperable vehicles had been removed from the property, as
well as most of the accumulated refuse. It was pointed out that the City Code allows only one
permitted shed per property and three sheds were located on the property. Code Enforcement
Officer Sherrer indicated that Mr. Baker had been advised to obtain a permit for one of the sheds
and to remove the other two.
Exhibits 7, 8 and 9 were briefly discussed. Code Enforcement Officer Sherrer recapped the
previous violations on the property dating back to 1989. It was pointed out that a 1998 fine
levied against the property by the Code Enforcement Board remained unpaid, including
administrative expenses totaled $360.68.
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Minutes
Code Enforcement Board Meeting
September 4, 2001
Discussion ensued and Board Member Deitchman pointed out that until today, eleven months
had elapsed without any progress being made to clean up the property. It was also pointed out
that in 1998, the Code Enforcement Board voted to fine Mr. Baker $100.00 per day if the
property was found to be in non-compliance again. The Board felt that Mr. Baker should have
been fined $100.00 per day since last October.
A motion was made by Board Member Russell, seconded by Board Member Deitchman
and unanimously carried to: (1) Find James Baker, owner of the property, to be a repeat
violator in violation of Chapter 12, Sections 12-1-2-3 and 7 of the Code, (2) to assess Mr.
Baker a fine of $500 per day for ten days for each violation, for a total of $10,0000, (3) to
defer all but $250.00 of the fine, and (4) give Mr. Baker thirty (30) days to clean up the
remainder of the trash on said property. If the property is not cleaned up to the
satisfaction of the Code Enforcement Officer on the 31St day, the $9,750 fine will be
reinstated.
Discussion ensued concerning the length of time needed to remove two sheds and properly permit
the remaining shed. A motion was made by Board Member Wynkoop, seconded by Board
Member Deitchman and unanimously carried to (1) Find Mr. Baker in violation of Chapter
24, Sections 24-151(3)f and 24-65(c) of the Code, (2) to give Mr. Baker thirty (30) days to
remove two sheds of his choice and ninety (90) days to properly permit the remaining shed,
and (4) to assess Mr. Baker a fine of $125 per day for ten days for each violation, for a total of
$2,500, if the two sheds are not removed in thirty days.
Discussion ensued concerning the storage of inoperable vehicles on said property. A motion was
made by Board Member Russell, seconded by Board Member Hurd and unanimously carried
to: (1) Find Mr. Baker in violation of Chapter 21, Section 21-24(b) of the Code, (2) not assess
a fine at this time because the inoperable vehicles had been removed from the property, and
(3) impose a fine as a repeat violator if he is found to be in non-compliance again. The Board
assessed Mr. Baker $692.41 administrative costs.
3. OLD BUSINESS:
Case No. 075-01 Benjamin Brown Jr., 457 Sailfish Drive (Lot 1, Block 27, Royal Palms
Unit 2A).
Code Enforcement Officer Sherrer provided background information as follows: During the May
1, 2001 Code Enforcement Board Meeting, Mr. Brown was found to be in violation of Chapter
12-1 (b) (7) outside storage of miscellaneous materials and Chapter 24, Section 24-104 operation
of a junkyard in a residential district of the City Code of Ordinances. It was pointed out that Mr.
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Minutes
Code Enforcement Board Meeting
September 4, 2001
Brown was not fined, but he was assessed $815.50 in administrative expenses which were to be
paid within 90 days. Code Enforcement Officer Sherrer indicated that Mr. Brown had paid
seventy-five dollars toward the administrative expenses and had requested an extension to pay
the remaining expenses.
A brief discussion ensued, and a motion was made by Board Member Wynkoop, seconded by
Board Member Russell and unanimously carried to acknowledge receipt of payment of
$75.00 and to grant Mr. Brown a ninety (90) day extension (from today's date) to pay the
remaining balance of $740.50 in administrative expenses.
Update on the Appeal Filed with the Circuit Court Regarding the Community
Development Board's Denial of a Variance to Allow Parking of a Boat in a Front Yard
In the absence of City Attorney Jensen, Code Enforcement Officer Sherrer updated the Board on
the appeal. City Attorney Jensen's memo dated September 4, 2001 was distributed to each
Board Member. The memo is attached and made part of this official record as Attachment B.
Parking of boats on through lots was briefly discussed, and it was pointed out that parking of a
boat right next to Mr. Sutton's boat on the through lot next to his property would be perfectly
legal. Code Enforcement Officer Sherrer indicated that the city could take no action at this time
since the case is being appealed.
Statistical Information Relative to Business Signs and Code Enforcement Case Load
The Code Enforcement Investigation Report was also distributed and it was pointed out that
since the beginning of the year, 1994 complaints had been investigated. Courtesy Notices
were discussed and Board Member Russell requested that the ordinance number be cited on the
notice.
Code Enforcement Officer Sherrer distributed to each Board Member a list of signs located
throughout the city. The list indicated their specific location, condition and if they were located
in the right-of-way. Enforcement of the sign ordinance, which was revised four years ago, was
briefly discussed. It was pointed out business owners were notified and given four years to
bring their signs into compliance with the sign ordinance and most of them still had not done so.
5. REQUEST FOR LIEN ACTION:
Name Address Amount of Lien
There were no requests for lien action.
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Minutes
Code Enforcement Board Meeting
September 4, 2001
6. BOARD MEMBER COMMENTS:
There were no Board Member comments.
7. ADJOURNMENT
There being no further discussion or business to come before the Board, the meeting adjourned at
8:45 PM.
Curtis Sanders, Jr., Chairman
Code Enforcement Board
Attest:
Julie M. Brandt, Secretary
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