03-06-01 CEB Meeting AgendaCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD AGENDA
7:30 P.M., MARCH 6, 2001
Call to Order
Pledge of Allegiance to the Flag
Roll Call
1. Approval of the Minutes of the Regular Meeting held on December 5, 2000.
2. Recognition of Visitors and Guest regarding any matters not listed on the agenda.
3. Introduce new board member Mr. Carl Russell.
4. Unfinished Business:
A. Update on Case No. 00-8985 - J. Malcolm Jones, 161 Beach Ave.
(RE# 170215-0000). The owner of the property is in violation of
Chapter 24, Section 24-157(a), Violation of height limitations for
fences. Appealing to Community Development Board, its set to
finalize no later then March 30, 2001.
B. Animal Citations — May hear old cases.
5. New Business:
A. James Morton, 1901 Hickory Lane. (RE#172020-1322).
Tree Board forwarded to Code Enforcement Board for non-payment,
case pending appeal to City Commission.
6. Board Member Comments:
7. Adj ournment
A C -V NT) A
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD WORKSHOP
8:00 P.M., MARCH 6, 2001
1. The Board, it's function, what's expected and a brief
review of the Sunshine Law.
A. Mr. Alan Jensen, his responsibilities as the City
Attorney and Sunshine Law Review.
b. Ms. Suzanne Greene, her responsibilities as the
Prosecuting Attorney.
c. Mr. Alex Sherrer, his duties as Code Enforcement
Officer.
d. Mr. Curtis Sanders, his duties as Code
Enforcement Board Chairman.
2. Adj ournment .
Ch. 162 COUNTY OR MUNICIPAL CODE ENFORCEMENT F.S. 2000
PART I: LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS
Section 162.01 Short title. -- Sections 162.01-162.13 may be cited as the "Local Government Code
Enforcement Boards Act."
HISTORY— s. 1, ch. 80-300; s. 72, ch. 81-259; s. 1, ch. 82-37. 1
NOTES— Formers. 166.051.
Section 162.02 Intent. --It is the intent of this part to promote, protect, and improve the health,
safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the
creation of administrative boards with authority to impose administrative fines and other noncriminal
penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any
codes and ordinances in force in counties and municipalities, where a pending or repeated violation
continues to exist.
HISTORY— s. 1, ch. 80-300; s. 2, ch. 82-37; s. 1, ch. 85-150; s. 1, ch. 86-201; s. 1, ch. 89-268.
NOTES-- Former s. 166.052.
Section 162.03 Applicability. --
(1) Each county or municipality may, at its option, create or abolish by ordinance local government code
enforcement boards as provided herein.
(2) A charter county, a noncharter county, or a municipality may, by ordinance, adopt an alternate code
enforcement system which gives code enforcement boards or special masters designated by the local governing
body, or both, the authority to hold hearings and assess fines against violators of the respective county or
municipal codes and ordinances. A special master shall have the same status as an enforcement board under
this chapter. References in this chapter to an enforcement board, except in s. 162.05, shall include a special
master if the context permits.
HISTORY—ss. 1, 2, ch. 80-300; s. 3, ch. 82-37; s. 2, ch. 86-201; s. 1, ch. 87-129; s. 2, ch. 89-268; s. 2, ch. 99-360.
NOTES—Former s. 166.053.
Section 162.04 Definitions. -- As used in ss. 162.01-162.13, the term:
(1) "Local governing body" means the governing body of the county or municipality, however designated.
(2) "Code inspector" means any authorized agent or employee of the county or municipality whose duty it is
to assure code compliance.
(3) "Local governing body attorney" means the legal counselor for the county or municipality.
(4) "Enforcement board" means a local government code enforcement board.
(5) "Repeat violation" means a violation of a provision of a code or ordinance by a person who has been
previously found through a code enforcement board or any other quasi-judicial or judicial process, to have
violated or who has admitted violating the same provision within 5 years prior to the violation, notwithstanding
the violations occur at different locations.
HISTORY—s. 1, ch. 80-300; s. 4, ch. 82-37; s. 10, ch. 83-216; s.-3, ch. 86-201; s. 3, ch. 89-268; s. 3; ch. 99-360.
NOTES—Section 3, ch. 99-360, amended subsection (5), without publishing the catchline and introductory paragraph to the section. Absent affirmative
evidence of legislative intent to repeal this material, it is published here pending clarification by the Legislature.
Note. --Former s. 166.054.
Section 162.05 Local government code enforcement boards; organization. --
(1) The local governing body may appoint one or more code enforcement boards and legal counsel for the
enforcement boards. The local governing body of a county or a municipality that has a population of less than
5,000 persons may appoint five -member or seven -member code enforcement boards. The local governing body
of a county or a municipality that has a population equal to or greater than 5,000 persons must appoint
seven -member code enforcement boards. The local governing body may appoint up to two alternate members
for each code enforcement board to serve on the board in the absence of board members.
(2) Members of the enforcement boards shall be residents of the municipality, in the case of municipal
enforcement boards, or residents of the county, in the case of county enforcement boards. Appointments shall
be made in accordance with applicable law and ordinances on the basis of experience or interest in the subject
matter jurisdiction of the respective code enforcement board, in the sole discretion of the local governing body.
F.S. 162 2000 PAGE 1
(4) If the code inspector has reason to believe a violation or the condition causing the violation presents a
serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature,
the code inspector shall make a reasonable effort to notify the violator and may immediately notify the
enforcement board and request a hearing.
(5) If the owner of property which is subject to an enforcement proceeding before an enforcement board,
special master, or court transfers ownership of such property between the time the initial pleading was served
and the time of the hearing, such owner shall:
(a) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee.
(b) Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the
code enforcement proceeding received by the transferor.
( c ) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance
with the applicable code and with orders issued in the code enforcement proceeding.
(d) File a notice with the code enforcement official of the transfer of the property, with the identity and
address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date
of the transfer.
A failure to make the disclosures described in paragraphs (a), (b), and C before the transfer creates a rebuttable
presumption of fraud. If the property is transferred before the hearing, the proceeding.shall not be dismissed,
but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is
held.
HISTORY—s. 1, ch. 80-300; s. 5, ch. 86-201; s. 1, ch. 87-391; s. 5, ch. 89-268; s. 2, ch. 94-291; s. 1442, ch. 95-147; s. 2, ch. 96-385; s. 4, ch. 99-360.
NOTES— Former s. 166.056.
Section 162.07 Conduct of hearing. --
(1) Upon request of the code inspector, or at such other times as may be necessary, the chair of an
enforcement board may call a hearing of an enforcement board; a hearing also may be called by written
notice signed by at least three members of a seven -member enforcement board or signed by at least two
members of a five -member enforcement board. Minutes shall be kept of all hearings by each enforcement
board, and all -hearings and proceedings shall be open to the public. The local governing body shall provide
clerical and administrative personnel as may be reasonably required by each enforcement board for the
proper performance of its duties.
(2) Each case before an enforcement board shall be presented by the local governing body attorney or by
a member of the administrative staff of the local governing body. If the local governing body prevails in
prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in
prosecuting the case before the -board and such costs may be included in the lien authorized under s.
162.09(3).
(3) An enforcement board shall proceed to hear the. cases on the agenda for that day. All testimony shall
be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector
and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be
observed and shall govern the proceedings.
(4) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence
of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers
granted herein. The finding shall be by motion approved by a majority of those members present and
voting; except that at least four members of a seven -member enforcement board, or three members of a
five -member enforcement board, must vote in order for the action to be official. The order may include
a notice that it must be complied with by a specified date and that a fine may be imposed and, under the
conditions specified in s. 162.09(1), the cost of repairs may be included along with the fine if the order is
not complied with by said date. A certified copy of such order may be recorded in the public records of
the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the
violation concerns real property, and the fmdings therein shall be binding upon the violator and, if the
violation concerns real property., any subsequent purchasers, successors in interest, or assigns. If an order
is recorded in the public records pursuant to this subsection and the order is complied with by the date
specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be
recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.
F.S. 162 2000 PAGE 3
HISTORY— s. 1, ch. 80-300; s. 6, ch. 82-37; s. 44, ch. 83-217; s. 6, ch. 86-201; s. 6, ch. 89-268; s. 3, ch. 94-291; s. 1443, ch. 95-147; s. 2,
ch. 95-297.
NOTES-- Formers. 166.057. _
Section 162.08 Powers of enforcement boards. -- Each enforcement board shall have the power to:
(1) Adopt rules for the conduct of its hearings.
(2) Subpoena alleged violators and witnesses to its hearings. Subpoenas may 'be served by the sheriff
of the county or police department of the municipality.
(3) Subpoena evidence to its hearings.
(4) Take testimony under oath.
(5) Issue orders having the force of law to command whatever steps are necessary to bring a
violation into compliance.
HISTORY— s. 1, ch. 80-300; s..7, ch. 82-37; s. 7, ch. 86-201; s. 7, ch. 89-268.
NOTES— Former s. 166.058.
Section 162.09 Administrative fines; costs of repair; liens. --
(1) An enforcement oard, upon notification by the code inspector that an order of the enforcement board has
not been complied with by the set time or upon finding that a repeat violation has been committed, may order
the violator to pay a fine in an amount specified in this section for each day the violation continues past the
date set by the enforcement board for compliance or, in the case of a repeat violation, for each day the repeat
violation continues, beginning with the date the repeat violation is found to have occurred by the code
inspector. In addition, if the violation is a violation described in s:l 62.06(4), the enforcement board shall notify
the local governing body, which may make all reasonable repairs which are required to bring the property into
compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant
to this section. Making such repairs does not create a continuing obligation on the part of the local governing
body to make further repairs or to maintain the property and does not create any liability against the local
governing body for any damages to the property if such repairs were completed in good faith. If a finding of
a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for
issuance of the order imposing the fine. If, after due notice and hearing, a code enforcement board finds a
violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in
paragraph (2)(a)•
(2)(a) A fine imposed pursuant to this section shall not exceed $250 per day for a first violation and shall not
exceed $500 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to
subsection (1). However, if a code enforcement board finds the violation to be irreparable or irreversible in
nature, it may impose a fine not to exceed $5,000 per violation.
(b) In determining the amount of the fine, if any, the enforcement board shall consider the following factors:
1. The gravity of the violation;
2. Any actions taken by the violator to correct the violation; and
3. Any previous violations committed by the violator.
( c) An enforcement board may reduce a fine imposed pursuant to this section.
(d) A county or a municipality having a population equal to or greater than 50,000 may adopt, by a vote of
at least a majority plus one of the entire governing body of the county or municipality, an ordinance that gives
code enforcement boards or special masters, or both, authority to impose fines in excess of the limits set forth
in paragraph (a). Such fines shall not exceed $1,000 per day per violation for a first violation, $5,000 per day
per violation for a repeat violation, and up to $15,000 per violation if the code_ enforcement board or special,
master finds the violation to be irreparable or irreversible in nature. In addition to such fines, a code
enforcement board or special master may impose additional fines to cover all costs incurred by the local
government in enforcing its codes and all costs of repairs pursuant to subsection (1). Any ordinance imposing
such fines shall include criteria to be considered by the code enforcement board or special master in
determining the amount of the fines, including, but not limited to, those factors set forth in paragraph (b).
(3) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public
records and thereafter shall constitute a lien against the land on which the violation exists and upon any other
real or personal property owned by the violator. Upon petition to the circuit court, such order shall be
enforceable in the same manner as a courtjudgment by the sheriffs of this state, including execution and levy
against the personal property of the violator, but such order shall not be deemed to be a court judgment except
F.S. 162 2000 PAGE 4
4. The facts constituting reasonable cause.
5. The number or section of the code or ordinance violated.
6. The name and authority of the code enforcement officer.
7. The procedure for the person to follow in order to pay the civil penalty or to contest the citation.
8. The applicable civil penalty if the person elects to contest the citation.
9. The applicable civil penalty if the person elects not to contest the citation.
10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails
to appear in court to contest the citation, the person shall be deemed to have waived his or her right to contest
the citation and that, in such case, judgment may be entered against the person for an amount up to the
maximum civil penalty.
(4) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation
and one copy of the citation with the county court.
(5) A county or a municipality is authorized to enforce codes and ordinances under the provisions of this
section and may enact an ordinance establishing procedures for the implementation of such provisions,
including a schedule of violations and penalties to be assessed by code enforcement officers. If a county or
municipality chooses to enforce codes or ordinances under the provisions of this section, each code or
ordinance or the ordinance enacted by the county or municipality establishing procedures for implementation
of this section shall provide:
(a) That a violation of a code or an ordinance is a civil infraction.
(b) A maximum civil penalty not to exceed $500;
(c ) A civil penalty of less than the maximum civil penalty if the person who has committed the civil
infraction does not contest the citation.
(d) For the issuance of a citation by a code enforcement officer who has reasonable cause to believe that a
person has committed an act in violation of a code or an ordinance.
(e) For the contesting of a citation in county court.
(f) Such procedures and provisions as are necessary to provide for the enforcement of a code or an
ordinance under the provisions of this section.
(6) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall
be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
' (7) The provisions of this part shall not apply to the enforcement pursuant to ss. 553.79 and 553.80 of
building codes adopted pursuant to s. 553.73 as they apply to construction, provided that a building permit is
either not required or has been issued by the county or the municipality. For the purposes of this subsection,
"building codes" means only those codes adopted pursuant to s. 553.73.
(8) The provisions of this section are additional and supplemental means of enforcing county or municipal
codes or ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of
all codes and ordinances. Nothing contained in this section shall prohibit a county or municipality from
enforcing its codes or ordinances by any other means.
HISTORY. —s. 11, ch. 89-268; s. 7, ch. 94-291; s. 1444, ch. 95-147; s. 3, ch. 96-385; s. 4, ch. 98-287; s. 115, ch. 2000-141.
NOTES— I Section 4, ch. 98-287, effective July 1, 2001, as amended by s. 115, ch. 2000-141, amended subsection (7)
to read: ,
(7) The provisions of this part shall not apply to the enforcement pursuant to ss. 553.79 and 553.80 of the Florida
Building Code adopted pursuant to s. 553.73 as applied to construction, provided that a building permit is either not
required or has been issued by the county or the municipality.
Section 162.22 Designation of enforcement methods and penalties for violation of municipal ordinances.
-- The governing body of a municipality may designate the enforcement methods and penalties to be
imposed for the violation of ordinances adopted by the municipality. These enforcement methods may
include, but are not limited to, the issuance of a citation, a summons, or a notice to appear in county court
or arrest for violation of municipal ordinances as provided for in chapter 901. Unless otherwise specifically
authorized and provided for by law, a person convicted of violating a municipal ordinance may be
sentenced to pay a fine, not to exceed $500, and may be sentenced to a definite term of imprisonment, not
to exceed 60 days, in a municipal detention facility or other facility as authorized by law.
HISTORY— -s. 1, ch. 94-255.
F.S. 162 2000 PAGE 7
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93trt-9t2-406 133a1S ATiana 93
Houni-13 1SI1dV13 dIHSaN3IbIA M3N_
CITY OF
ATLANTIC BEACH
FLORIDA
7L
NAME_ 7
ADDRES
00 0000 - 3(a 5, 14 -00
When Signed, Dated and Numbered, This Becomes an Official Receipt
CHECKS PAYABLE TO Received Payment
OF ATLANTIC BEACH, FLORIDA
?i 970
r.
-19
TREASURER
RECREATIONAL VEHICLE ENFORCEMENT
REFERENCES: City Codes 12-1, 21-24 and 24-163
1. Codes adopted late 1982
2. Enforcement has been constant, 336 violations over past 7 years
1994-29
1995-55
1996-39
1997-38
1998-60
1999-42
2000-73
Total 336
3. No known threats of destruction, however City Code 21-24 (b) states that articles may be removed and
destroyed.
OTHER CITIES:
1. Neptune Beach: No Ordinance
2. Jacksonville Beach: 5 ft set back from city right of way, no boats longer then 20 feet. 100%
enforcement, total cases 142 for 2000.
3. Jacksonville: No parking in front yard, no size limit. In excess of 1,000 cases for 2000.
4. St Augustine: No parking in front yard, no size limit. Five foot setback. Sporadic enforcement (by
complaint only), approx 6 cases for 2000.
February 21, 2001
Mr. J. Malcolm Jones
C/O Emily G. Pierce, Atty.
1301 Riverplace Blvd, Suite 1500
Jacksonville, FL 32207
Re: 161 Beach Ave.
A/k/a: Lots 4, Blk 32, Atlantic Beach
RE# 170215-0000
Agenda Item 4A
CITY OFATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE: (904) 247-5800
FAX: (904) 247-5805
SUNCOM: 852-5800
http://ci.adantic-beach.fl.us
Subject: Atlantic Beach Code of Ordinances, Chapter 24, Section 24-157 (a), Violation of
height limitations for fences.
Dear Mr, Jones,
This is official notification that the fence on the property commonly known as 161 Beach Ave in
Atlantic Beach must be brought into compliance with city code. That on May 2, 2000,. the Code
Enforcement Board of Atlantic Beach found you in violation of city code, Chapter 24, Section 24-
157 (a) for fencing height restrictions. At the time of this hearing you were represented by legal
counsel and were informed that you had sixty- (60) days to apply for a variance to the existing
code and ten days to bring your property into compliance if your application was denied. On
July 18, 2000, a hearing with the Community Development Board denied your application for a
variance, during which you were represented by counsel and given the opportunity to appeal.
Having failed to exercise your right of appeal, you are hereby notified that your property must be
brought into compliance not later then March 30, 2001. Failure to comply with this notification
will be considered a violation of City Code and will constitute an additional violation.
Further more you are reminded of your responsibilities as a property owner in the City of Atlantic
Beach and that continued violation of city code can incur fines of up to $500.00 per day, per
violation from the Code Enforcement Board.
Should you have any questions or concerns involving this matter, you can contact me at (904)
247-5855.
"J�s��tl�7
ALEXANDER J. SHERRER
Code Enforcement Officer
c: Public Safety Director
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
MAY 2, 2000
Call to order: PRESENT: Ken Rogosheske, Chairman
Curtis Sanders
Tami Deitchman
Richard Mann
E.T. Fernandez, III
Robert Etheridge
James Pelkey
AND: Suzanne Green, Prosecuting Attorney
Alan Jensen, City Attorney
Karl W. Grunewald, Code Enforcement Officer
Linda P. Kilis, Secretary
The meeting was called to order at 7:30p.m. by Chairman Ken Rogosheske, followed by the
Pledge of Allegiance to the Flag.
1. Approval of Minutes of the Regular Meeting of March 7, 2000.
2. Upon Chairman Rogosheske's request, the Secretary read the roll, finding that
Board Member James Pelkey was absent.
3. Recognition of Visitors and Guests regarding any matters that are not listed on the
agenda.
Denise Helms of the Public Works Department was present and introduced by Code
Enforcement Officer Grunwald. She advised the Board that she is the cross -connection
administrator for the City of Atlantic Beach. She has to make sure that everyone is in
compliance, and if not, she may be bringing cases before the Board in that regard.
4. UNFINISHED BUSINESS:
Code Enforcement Official Grunewald presented brief follow-up reports on the following cases:
A. Case No. 99-8774 - Mervyn & Theresa Russell, 1405 Main Street. The owners of
the property are in violation of the following sections of Chapter 23, Section 23 - 17(b)(I),
Removal of trees without a permit; and Chapter 23, Section 23 - 17(g)(3) a & B, Failure to pay
mitigation.
Code Enforcement Official Grunewald advised the Board that the Russells have paid the
reduced Tree Board fine of $3,000.00, plus the administrative charges of $94.84, and this case is
closed.
B. Case No. 2000 - 8844 - Beatrice M. Hartman, 582 Aquatic Drive. The owner of
the property is in violation of Chapter 4, Section 24 & Chapter 24, Section 27, Animal Control
Citations #00291 & 00292. Two citations were issued, and each is a third offense.
Code Enforcement Official Grunewald advised the Board that Ms. Hartman has not paid
the administrative charges of $114.16 assessed to her, and no further action needs to be taken at
this time.
C. Case No. 99-8555 - Ralph Spight, 665 Sailfish Dr. (RE#171225-0000). The owner
of the property is in violation of Chapter 4, Section 4-39(b) of the Code for failure to pay an
Animal ControlCitation.
Code Enforcement Official Grunewald advised the Board that Ralph Spight has not paid
the fine of $50.00 or the administrative costs of $73.25, totaling $123.25 assessed to him, and no
further action needs to be taken at this time.
5. NEW BUSINESS:
Chairman Rogosheske'then read the case numbers and names of persons being brought
before the Code Enforcement Board. The Chairman then read the conduct of the meeting,
asked all witnesses to stand, raise their right hands, and they were sworn in.
Board Member Pelkey arrived at this time.
Prosecuting Attorney Suzanne Green asked the Board to entertain first the two cases in which the
individuals have attorneys representing them, i.e., Case No. 00-8840 Christopher Allen, and Case
No. 00-8985 J. Malcolm Jones.
C. Case No. 00-8840 - Christopher Allen, 49 Ardella Road (RE#172059-0000). The
owner of the property is in violation of Chapter 24, Section 24-65 (c), No Permit, and Chapter
24, Section 24-157 (a), Violation of set back and height requirements.
Attorney Robert B. Persons, Jr. appeared on behalf of Christopher Allen who was present,
as well as a witness, Mr. Moss.
Christopher Allen was found to be in
Section 24-157-(a) of the Code, for
Prior to the Code Enforcement Board
four feet, and it was reported that
compliance. The Board assessed Mr.
2
violation of Chapter 24,
violation of set back.
meeting, the fence was cut to
the property is now in
Allen administrative costs of
$80.59 which may be included in a lien authorized under Sec.
162.09(3) if not paid within 30 days. Additionally, the Board
found that if Mr. Allen is found to be in violation of this Code
again, it will be a repeat violation and the fine will be $500.00
per day from the date he is first notified by the Code
Enforcement Officer until the property is brought into compliance
to the satisfaction of the Code Enforcement Officer.
Gaseallo: OFA9g5z= J 1Clalcolm .ones; l6lxBea Ves (I # . lx --0044):
owner of the property is in violation of Chapter 24, Section 24-157(a), Violation of height
limitations for fences.
J. Malcolm Jones was found to be in violation of Chapter 24,
Section 24-157-(a) of the Code, for violation of height
limitations for fences. The Board granted the request of counsel,
Emily G. Pierce, Esq., allowing sixty (60) days for her client to
apply to theCommunityDevelopment Board for a variance -regarding
the fence. If the variance is not granted, Mr. Jones will have
ten (10) days to lower the fence to meet code requirements.
Further, the Board assessed Mr. Jones administrative costs of
$178.34 which may be included in a lien authorized under Sec.
162.09(3) if not paid within 30 days.
A. Case No. 00-9018 - Robert Stewart, 348 Church Road (RE#172338-0000). The
owner of the property is in violation of Chapter 12, Section 1-2-3, trash and debris scattered
throughout the yard and right of way, and Chapter 12, Section 12-1-7, abandoned vehicles
stored on right of way.
Robert Stewart was present. Upon Mr. Stewart advising the Board
that the cars have been removed from the property, and that he
tries to comply, but doesn't understand why he has to move the
lawn mower and things that he works with, the Board agreed not to
rule on this matter at this time, allow Mr. Stewart to clean up
the property by May 15, 2000, at which time the new Code
Enforcement Officer will check on the property and inform the
Board at the next meeting on July 11, 2000, as to whether or not
Mr. Stewart is in compliance with code.
9
B. Case No. 00-8878 - Hattie L. Tillman, 64 Jackson Road (RE#172041-0000). The
owner of the property is in violation of Chapter 12, Section 12-1-7, abandoned vehicles.
,Hattie Tillman did not appear as subpoenaed, nor did the witness,
Rita Jackson. The Code Enforcement Board found Hattie Tillman to
be in violation of Chapter 12, Section 12-1-7, of the Code,
abandoned vehicles, and accepted the recommendation of the Code
Enforcement Officer as follows: Hattie Tillman or Rita Jackson
are given five days to bring the property into compliance, and at
the end of that time, the Board may fine the owner of the
property $25.00 per day until the vehicles are brought into
compliance or removed. Any future violation will be a repeat
violation and a fine of up to $500.00 per day shall be levied
from the first day it is noticed by the Code Enforcement Officer,
and an appearance before the Board will be mandatory. In
addition, the Board assessed Ms. Tillman administrative costs of
$63.59 which may be included in a lien authorized under Sec.
162.09(3) if not paid within 30 days.
D. Case No. 00-8968 -Tony I. Germer, 94 West 13th Street (RE#170805-0070). The
owner of the property is in violation of Chapter 12, Section 12-1-7, Abandoned vehicles being
stored on property.
Tony Germer did not appear as subpoenaed. Upon being advised that
the property is in compliance, the Code Enforcement Board found
Tony Germer to be in violation of Chapter 12, Section 12-1-7, of
the Code, abandoned vehicles, and upon recommendation of the Code
Enforcement Officer, waived the fine and administrative costs.
E. Case No. 00-8951 - Fred Lewis, Inc., 1485 Mayport Road (RE#171090-0000).
The owner of the property is in violation of Chapter 12, Section 12-1-7, Abandoned furniture
deposited on property.
No one appeared on behalf of Fred Lewis, Inc. The Code
Enforcement Board found Fred Lewis, Inc. to be in violation of
Chapter 12, Section 12-1-7, of the Code, abandoned furniture, and
accepted the recommendation of the Code Enforcement Officer as
follows: If the violation is not corrected in five days to the
satisfaction of the Code Enforcement Officer, a fine of $25.00
per day shall be levied until compliance is reached. If this
S
property owned by Fred Lewis, Inc. is ever in non-compliance
again, it shall be a repeat violation and a fine of $500.00 per
day shall be automatic until the property is brought into
compliance, and a mandatory appearance before the Board shall be
required. In addition, the Board assessed Fred Lewis, Inc.
administrative costs of $63.59 which may be included in a lien
authorized under Sec. 162.09(3) if not paid within 30 days.
6. REQUESTS FOR LIEN ACTION:
Name
NONE
Address Amount of Lien
6. BOARD MEMBER/CODE ENFORCEMENT OFFICIAL COMMENTS:
♦ Code Enforcement Official Grunewald introduced Nick Vander Wal, the new Code
Enforcement Official
♦ Board Member Curtis Sanders was elected and agreed to serve as the new
Chairman of the Code Enforcement Board effective May 15, 2000
♦ Code Enforcement Official Grunewald advised that the Florida Association of Code
Enforcement convention will be held in Orlando June 21 - 24, 2000, and asked that
anyone who wants to attend to contact him
♦ Code Enforcement Official Grunewald presented outgoing Chairman Rogosheske
with a card signed by all Board members, attorneys and secretary, and advised that
Mayor Meserve is going to do a presentation to Chairman Rogosheske at the May
8th Commission meeting
♦ Chairman Rogosheske presented outgoing Code Enforcement Official Grunewald
with a framed certificate of appreciation for his years of service to the Board and
City of Atlantic Beach
S. ADJOURNMENT
There being no further discussion or business to come before the Board, the meeting adjourned at
9:25 P.M.
Curtis.Sanders, Chairman
Attest: (� Code Enforcement Board
mda P. Kilis
Secretary
2
Name & Address
Curtis M. Sanders, Jr.
2320 Barefoot Trace
Atlantic Beach, FL 32233
Richard Mann
337 5th Street
Atlantic Beach, FL 32233
Tami Deitchman
332 6th Street
Atlantic Beach, FL 32233
James Pelkey
1887 Beach Avenue
Atlantic Beach, FL 32233
E. T. Fernandez, Ill
890 Beach Avenue
Atlantic Beach, FL 32233
Carl Russell
347 3`d Street
Atlantic Beach, Fl 32233
Mamie W. Hurd
720 West 14' Street
Atlantic Beach, FL 32233
Alex Sherrer
Suzanne Green
105 B Solano Road
Ponte Vedra Beach FL 32082
Alan Jensen
935 N. 3rd Street
P.O. Box 50457
Jacksonville Beach, FL 32240
Revised 1/11/01
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD
(3 -year term)
Business
Exp.Date Position Phone
9/30/2002 Chair
9/30/2001 V -Chairman
9/30/2001 Member
9/30/2003 Member 246-8659
9/30/2002 Member 398-8008
Fax: 398-0332
9/30/2001 Member
9/30/2003 Member
246-4130,
247-7740
Code Enforcement Officer 247-5855
Prosecuting 280-8770
Attorney
Home
Phone
270-2200
249-2779
246-4553
247-0977
249-0249
Ql3Ic 17
241-9033
City 246-2500 241-5870
Attorney
FL ORIDA's PUBLIC MEETINGS LAW
"THE SUNSHINE LAW'
Materials Prepared By:
STEVEN E. ROHAN, ESQ.
Deputy General Counsel
Legislation, Labor and Employment
4' -
FLORIDA'S OPEN MEETINGS "SUNSHINE" LAW
1. HISTORY OF THE SUNSHINE LAW
Florida established a requirement in 1967 to have meetings open to the public. This
was about the time the City of Jacksonville consolidated with Duval County. The
obligations of public officials in connection with open meetings has expanded ever since.
The obligations of public officials in connection with open meetings have expanded by both
legislative and judicial and advisory interpretations ever since. The basic law is found in
Chapter 286, Florida Statutes and states in pertinent part:
All meetings of any board or commission ... or of any agency
or authority of any county, municipal corporation, or political
subdivision . . . at which official acts are to be taken are
declared to be public meetings open to the public at all times,
and no resolution, rule or formal action shall be considered
binding except as taken or made at such meeting. The board
or commission must provide reasonable notice of all such
meetings. Section 286.011, F.S.
In 1992, Article 1, Section 24(b) of the Constitution of the State of Florida was
adopted providing a constitutional guarantee to the openness of public meetings. Article 1,
Section 24(b) of the Constitution of the State of Florida was adopted providing a
constitutional guarantee to the openness of public meetings:
All meetings of any collegial public body of . . . a county,
municipality ... at which official acts are to be taken or at which
public business of such body is to be transacted or discussed
shall be open and noticed to the public ....
The Attorney General of the State of Florida has always been considered the
State's guardian of the State's open government laws, including the public meetings
law and annually publishes the "Govemment-In-The-Sunshine Manual" which
contains over 450 pages of guidance and references to assist Florida's public
officials in open government compliance, and citizens in open government access.
In the 1996 edition, the Attorney General's introduction quotes James Madison:
A popular government, without popular information or the
means of acquiring it, is -but a prologue to a farce or a
tragedy; or perhaps both. Knowledge will forever govem
ignorance: And a people who mean to be their own
governors, must arm themselves with the power which
knowledge gives.
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D. Ad hoc committee meetings;
E. Casual gatherings;
F. Chance gatherings;
G. Telephone conversations;
H. Written or electronic correspondence used to develop a position or engage in
written debate;6
I. Liaisons used to communicate information between Council Members;'
J. It applies when any e single Council Member acts as a decision maker for the
Council as a whole;
K The law does not apply to a meeting between a single Council Member and
one or more Council staff persons;9
L. Does not apply to a single Council Member and the Mayor or one or more of
the Mayor's staff;10
M. Does not apply to a single Council Member and members of the public;
N. Does not apply to a single Council Member and one elected or appointed
official from another board, commission or agency;"
0. Does not apply to a Council Members speaking about their philosophies,
trends, and issues facing the City at a public forum where there is no intent to
circumvent the law. 12
V. TYPES OF DISCUSSIONS COVERED BY THE SUNSHINE LAW
A. Any matter which will foreseeably be acted upon by the Council or any
committee thereof,
B. Pending'ordinances and resolutions;
C. Matters that will be foreseeably drafted into ordinances and resolutions such
as, by way of example;
1. Quasi-judicial or fact finding matters;"
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6. Some meetings must be advertised;
7. A posting of a detailed agenda citing every matter to be discussed is
generally not required, but circumstances may justify more detailed
notice to specific persons from time to time.21
B. Meetings must be located where the public has reasonable opportunity to
attend, and not at any, location that discriminates; Sec. 286.011(6) F.S.;
C. Meetings at public facilities are encouraged;
D. "Silenf and non -disruptive recording devices may not be prohibited;
E. The chair person in a meeting may utilize reasonable time, place and
manner restrictions to ensure the orderly conduct of the meeting;
F. Unless provided by the rules of the Council or unless the meeting will affect
the substantial rights of a party, there is no known "right" for a citizen to be
heard or speak at a meeting.
Acknowledgment
The Office of General Counsel wishes to express its gratitude to the Attorney
General's Office for its annual publication of the Government -In -The -Sunshine -Manual,
which regularly updates public records law and practice. In addition, the preparer of
this outline relied heavily upon the "Overview of Florida Law Relating to Public
Meetings and Public Records" presented in April of 1999 by Assistant Attorney General
Patricia R. Gleason who regularly provides guidance upon the request of the Office of
General Counsel.
Endnotes
" Town of Palm Beach v. Gradison, 296 So.2d 473 (Fla. 1974)
2. Port Everglades Authority v. ILA, 652 So.2d 1169 (Fla. 4`" DCA 1995)
3. Town of Palm Beach v: Gradison, 296 So.2d 473 (Fla. 1974)
4. Section 286.011 (4), F.S.
5. City of Miami Beach v. Berns, 245 So.2d 38 (Fla. 1971)
6. Op. Atty Gen. Fla. 89-23 (1989); Op. Atty Gen. Fla. 90-3 (1990)
7. Blackfort v. School Board of Orange County, 375 So.2d 578 (Fla. 5`h DCA 1979)
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GOVERNMENT IN THE SUNSHINE LAW
SECTION 286.011, FLORIDA STATUTES
I. Basic Provisions
Section 286.011 (1) provides that:
"All meetings of any board or commission of any state
agency or authority or of any agency or authority of any
county, municipal corporation, or political subdivision,
except as otherwise provided in the Constitution, at which
official acts are to be taken are declared to be public
meetings open to the public at all times, and no resolution,
rule, or formal action shall be considered binding except as
taken or made at such meeting."
II. What constitutes a "board or commission"?
A. All governing bodies and decision making committees.
B. Advisory boards that are more than mere fact -finders. A public body
cannot escape the application of the Sunshine Law by delegating a
job to an "alter ego". Advisory boards with "decision-making"
functions (i.e. screening applicants for an appointed position) are
subject to the Sunshine Law. The courts focus on the nature of the
act performed in determining whether a board is decision-making
or merely fact-finding.
III. What constitutes a "meeting"?
A. An occasion where two or more members of the same board are present
(includes presence physically, by telephone, or even when conferring by
written documents), and
B. Discussion ensues on a matter on which "foreseeable action" will be taken
(encompasses entire decision-making process, including briefings, workshops,
seminars, etc.).
IV. Requirements for a public meeting
A. Location
Section 286.011 (6) prohibits holding public meetings at any facility
that discriminates on the basis of sex, age, creed, color, origin, or
economic status.
2. Section 286.26 requires accommodations to be made, upon
written request received at least 48 hours in advance, for physically
handicapped individuals. Federal law requires that persons with
disabilities be given full access to all municipal meetings and programs.
B. Notice
The Statute does not contain any particular notice requirements.
2. The courts have interpreted the intent of the statutes to require
"reasonable notice".
3. In an informal opinion, the Attorney General's office has
suggested that reasonable notice should contain the time
and place of the meeting and, if available, an agenda
(otherwise a summary of subject matter)(note: the courts
have held publication of an agenda is not required and it is
not a Sunshine Law violation to discuss items not on the
agenda). The Attorney General has further advised that
these notices should be "prominently displayed" in a City
Hall or comparable area set aside for that purpose and that
the notices should be posted sufficiently in advance to
provide "appropriate and effective notice under the
circumstances." Except in cases of emergency, special
meetings should have at least 24 hours reasonable notice.
4. Section 286.0105 requires that each notice include the advice that if
a persoti(s) decides to appeal any decision, he may need to ensure that
a verbatim record of the proceedings is made.
C. Minutes
Section 286.011 (2) requires that minutes be kept of each public
meeting and that they be open to public inspection.
2. Meetings may be tape recorded or video taped, but minutes must
still be kept in addition to the recordings.
D. Voting
1. Section 286.012 requires that all members present at a meeting vote
on official actions or decisions unless they comply with the conflict
of interest provisions of Chapter 112, Florida Statutes.
2. Roll call votes on all matters are not necessary.
3. Secret ballots are prohibited.
V. Effect of Sunshine Law violations
A. Sanctions
1.
Criminal - Knowing violation of the Sunshine Law is a second degree
misdemeanor, with penalties of us to $500 in fines and up to 60 days
in jail.
2.
Civil - Inadvertent violations are civil infractions with penalties not to
exceed a $500 fine.
B. Validity of actions taken in violation of the Sunshine Law.
1.
Actions which have been taken are void ab initio.
2.
Members of the general public have standing to sue.
3.
Initial action taken in violation of the Sunshine Law can be cured
by an independent final action taken in the Sunshine; in other words;
start over but in the Sunshine.