05-06-01 CEB Meeting MinutesCITY OF
CODE 1': BOARD ''1
MARCH 6,2001
Call to order: PRESENT: Curtis Sanders, Chairman
Tami Deitchman
Richard Mann
Karl W. Grunewald
Carl Russell
James Pelkey
Alex Sherrer, Code Enforcement Officer
Suzanne Green, Prosecuting Attorney
Alan Jensen, City Attorney
Patti Kotchkowski, Secretary
ABSENT: E.T. Fernandez, III
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 Member E. T. Fernandez, III was
absent.
2. Approval of the Minutes of the Regular Meeting held on December 5, 2000.
Following a brief review of the Minutes of the December 5, 2000 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 or guests present at the meeting.
New Board Member Carl Russell was introduced.
4. Unfinished Business:
A. Follow-up on Case No. 00-8985 - J. Malcolm Jones, 161 Beach Ave.
(RE#170215-0000). Violation of Chapter 24, Section 24-157(x),
violation of height limitations for fences.
Code Enforcement Officer Sheffer summarized this case which involved a fence that
exceeded the six foot height limit. He said the board had informed Mr. Jones that he
must correct the violation; however, they also gave him the option of going before
Page 2
Code Enforcement Board Minutes
March 6, 2001
Community Development Board and asking for a variance. The Community
Development Board denied Mr. Jones' original request for a variance but Mr. Jones has
asked to appear before the Community Development Board again since he feels he has
grounds for appealing their decision. The Community Development Board has agreed to
hear his case again and this will be on their agenda in two weeks. This case has been
going on since May 2, 2000.
B. Animal Citations:
New animal citation cases will no longer be heard by the Code Enforcement Board.
However, the Code Enforcement Officer was asked to review the old cases and identify
any cases he felt should be referred back to the Code Enforcement Board.
5. New Business:
James Morton (1901 Hickory Lane) cut down a tree on the city right-of-way, without first
obtaining a permit. The Tree Conservation Board instructed him to plant additional trees
or pay a fine for cutting down the tree. Mr. Sheffer said he had sent a letter to the
Mortons and they had indicated they would pay the fine rather then come before the Code
Enforcement Board. This matter is being handled by the Tree Conservation Board.
6. Board Member Comments:
Code Enforcement Officer Sheffer distributed and reviewed the February Code
Enforcement Monthly Report. Chairman Sanders asked Mr. Sherrer to also distribute to
the board members a copy of the Code Enforcement Fines, Administrative Fees, Tree
Mitigration, Demolition and Weed Abatement Liens Report.
7. Adjournment
There being no further discussion or business to come before the Board, the meeting
adjourned to a Workshop meeting at 8:00 P.M.
Curtis Sanders, Chairman
Code Enforcement Board
Attest:
Patti Kotchkowski — Secretary
CITY OF ATLANTIC BEACH
COBE ENFORCEMENT BOARD WORKSHOP MINUTES
MARCH 6, 2001 AT 8:00 p.m.
The workshop was held for the purpose of introducing and familiarizing the Code Enforcement
Board members with the board's organizational make up and its responsibilities.
The Chairman, Code Enforcement Officer, Prosecuting and City Attorneys introduced
themselves and explained their duties and responsibilities under Florida Statute 162. The City
Attorney provided additional information regarding Florida's Government in the Sunshine Law
and cautioned board members not to discuss the business of the board except at official meetings
which had been properly posted.
There being no further discussion, the Chairman declared the meeting adjourned.
Patti Kotchkowski
Secretary
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MEMORANDUM
To: Code Enforcement Board Members
From: Patti Kotchkowski, Secretary
Date: April 16, 2001
Subject: Benjamin Brown, Jr.
457 Sailfish Drive
AKA Lot 1, Block 27, Royal Palms Unit 2A
RE #171374-0000
Case No. 99-8455
Mr. Brown is being brought before the Code Enforcement Board on Tuesday, May 1,
2001. The following summary of previous Code Enforcement Board actions involving
Mr. Brown is provided for your assistance in this case.
September 8, 1998
Mr. Brown, owner of said property, was found to be in violation of Section 12-1-3 of the
Code. The Board voted not to fine Mr. Brown at this time because the property was
brought into compliance.
Code Enforcement Board assessed Mr. Brown $79.30 for Administrative expenses for
Case No. 98-7364 incurred by the City of Atlantic Beach in processing Mr. Browns case.
November 10, 1998
Mr. Brown paid the administrative fees of $79.30.
September 7, 1999
Mr. Brown was found to be in violation of Chapter 12, Section 12-1-7, and Chapter 6,
Section 6-108 of the Code of the City of Atlantic Beach. Mr. Brown was directed to
remove the outside storage of miscellaneous material, install house numbers visible from
the street a minimum of three inches in height, and pay an administrative fee.
Code Enforcement Board assessed Mr. Brown $110.99 for Administrative expenses for
Case No. 99-8455 incurred by the City of Atlantic Beach in processing Mr. Browns case.
November 9,1999
A letter advising Mr. Brown of an administrative fee was sent to him on September 10,
1999, followed by a certified letter sent on September 21, 1999, neither of the letters nor
the receipt was returned. This case was brought back before the Code Enforcement
Board. On November 9, 1999 the board gave Mr. Brown 30 days from November 9,
1999, to pay the administrative expenses of $110.99, and authorized the Code
Enforcement Official to post the property. Mr. Browns failure to comply would result in
Mr. Brown incurring a fine of $250.00 per day after the 30 day period allowed.
Mr. Brown paid the administrative fees of $110.99 on February 22, 2000.
January 11, 2000
Mr. Brown was again found to be in violation of Chapter 12, Section 12-1-7, and Chapter
6, Section 6-108 of the Code of the City of Atlantic Beach, and Mr. Brown was directed
to remove the outside storage of miscellaneous material, install house numbers visible
from the street, a minimum of three inches in height, and pay the administrative fee.
Additionally, as Mr. Brown was advised by the Code Enforcement Board, any future
violations of Section 12-1-7 or 12-1-3 would result in an automatic fine of $250.00 per
day under the repeat violator section of Florida State Statue 162.
Mr. Browns fine of $250 per day now totaled $4,500.00 and was reduced, by the Code
Enforcement Board to $325.00, plus $174.58 for administrative expenses for a total of
$499.58. If not paid within forty-five days, the $325.00 amount would become a lien
against your property with interest of 10% per annum from the date of certification until
paid.
March 7, 2000
On February 22, 2000, Mr. Brown paid in full the $499.58, within the 45 days allowed.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
CASE NO. 075-01
April 5, 2001 BY CERTIFIED MAIL
Mr. Benjamin Brown, Jr.
P.O. Box 51513
Jacksonville Beach, FL 32240
Dear Mr. Brown:
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 are hereby notified and ordered to appear at the next public hearing of the Code
Enforcement Board on TUESDAY, the 1st day of May, 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 (b) (7),
Nuisances; Chapter 24, Section 24-104, Zoning & Subdivision Regulations. It is alleged that
you are in violation of the above enumerated code section(s) in that there exists on the premises
located at 457 Sailfish Drive, a/k/a Lot 1, Block 27, Royal Palms 2A, of the City of Atlantic
Beach, the following condition(s): Outside storage of Miscellaneous Material, and Operation
of a junkyard in a residential district.
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.
SECRETAR_Y�
Sincerel
Curtis M. Kanders, Jr - Chairman
Code Enforcement Board
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CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO.
Petitioner, )
VS. ) SUBPOENA
BENJAMIN BROWN, JR.
Respondent, )
-------------------------------- )
TO: NAME: MR. ALLEN N. MONTE
STREET: 596 SEASPRAY AVE.
CITY: ATLANTIC BEACH,
STATE: FLORIDA 32233
GREETINGS:
YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board of
the City of Atlantic Beach, Florida, at City Hall, 800 Seminole Road, Atlantic Beach, Florida on
Tuesday, the 1st day of MAY, 2001 at 7:30 P. M. in reference to violation of Chapter 12,
Section 12- 1 (b)(7)and Chapter 24, Section 247104, of the Code of Ordinances of the City of
Atlantic Beach. VIOLATION: Illegal open storage of junk and Illegal operation of a junkyard in
a residential district.
Address and Legal Description of Property: 457 Sailfish Drive., 31-001 38 -2S -29E
Royal Palms Unit 2 A Lot 1 Block 27 O/R 7095-881 Re# 171374-0000
Failure to appear subjects you to penalty of law.
Dated this 16th day of April, 2001.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
atti Kotchkowski, Secretary
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH
RECEIPT OF NOTIFICATION
I, .7 el -BRr,�A,' cc \ served notification to:
Mr. Allen N. Monte
596 SeaSpray Ave.,
Atlantic Beach, FL 32233
this � 3 day of AVU, 2001.
AU
T
A.M./P.M
This notification was in reference to: A NOTICE OF HEARING OF THE CODE
ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF MAY 1, 2001,
AT 7:30 P.M. IN THE CITY COMMISSION CHAMBERS LOCATED AT 800
SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA.
Signature of S
Signature of R
Dated:
Please return to the City Clerk's Office. Thanks.
April ij, 2001
MEMO TO: Public Safety Director David Thompson
FROM: Alex Sherrer, Code Enforcement Officer
REFERENCE: SUBPOENA TO APPEAR BEFORE THE
CODE ENFORCEMENT BOARD
Please have the attached subpoena hand delivered by an Officer between now and April 20,
2001, to:
Mr. Allen N. Monte
596 Seaspray Ave.
Atlantic Beach, FL 32233
Also, please return the attached Receipt of Notification form to the City Clerk's Office.
Thank you for your continued cooperation. Your help in this matter is greatly appreciated.
Sincerely,
2
Enclosure