11-09-99 CEB Meeting MinutesCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
NOVEMBER 9,1999
Call to order: PRESENT: Ken Rogosheske, Chairman
Curtis Sanders
James Pelkey
- Tami Deitchman
E.T. Fernandez, IIIA
AND: Suzanne Green, Prosecuting Attorney
Alan Jensen, City Attorney
Karl Grunewald, Code Enforcement Officer
Linda P. Kilis, Secretary
ABSENT: Richard Mann
Robert Etheridge
The meeting was called to order at 7:30 p.m. by Chairman Ken Rogosheske, followed by the
Pledge of Allegiance to the Flag.
1. Upon Chairman Rogosheske's request, the Secretary read the roll, finding that
Richard Mann, Robert Etheridge and E.T. Fernandez, III were absent. (Mr.
Fernandez arrived later in the meeting.)
2. Recognition of Visitors and Guests regarding any matters that are not listed on the
agenda.
There were no visitors.
3. UNFINISHED BUSINESS:
Code Enforcement Official Grunewald presented brief follow-up reports on the following cases:
Road.
A. Case No. 99-8445 (previously 99-7861) - Kevin & Kimberly Rissmiller, 386 Sargo
Sec. 12-1-3
- Excessive vegetation on property
Sec. 12-1-4
- Swimming pool water is stagnant
Sec. 12-1-7
- Open storage, rear yard is cluttered
Sec. 12-1-8
- Allowing building, fence & property to
become unsafe and unsanitary
Sec. 12-1-3
- Property is a detriment to public health
and safety
Code Enforcement Official Grunwald reported that Mrs. Rissmiller has removed the majority of
the items that were stored in her yard. The vegetation has been cut and/or sprayed with a weed
killer. The fish have been removed and chlorine put into the water to kill any algae. Emptying
the pool will result in raising it out of the ground. Mr. Grunwald advised that he has contacted
HRS and the police department to investigate this home, and after the investigation, he will
request authorization to have the pool covered with plywood.
B. Case No. 99-8455 Benjamin Brown, 457 Sailfish Drive. Violation of Chapter 12,
Sec. 12-1-7 and Chapter 6, Section 6-108, of the City Code.
Code Enforcement Official Grunwald reported that he is bringing this case back before the
Board since Mr. Brown was not given a decisive time in which to reach compliance. Notice of
the Findings of Fact were sent via certified mail, however the receipt has not been returned to
date. Mr. Grunwald requests the Board to issue a time frame for compliance and to authorize
posting of the property. Board Member Pelkey made a motion to allow Mr. Brown 30 days
from this date for compliance, and to authorize the Code Enforcement Officer to post the
property. The motion was seconded by Board Member Sanders, and unanimously approved.
C. Case No. 99-8457 - Thomas J. Bennet, 131 Belvedere Street. Violation of Chapter
24, Section 24-65(c), of the Code of the City of Atlantic Beach.
Disposition: The property is in compliance, and the administrative fee of $71.57
assessed to Mr. Bennet has been paid.
D. Case No. 99-8473 - Edward & Cindy Winters, 4824 Spring Glen Road,
Jacksonville, Florida; Property location: Vacant lot on Stocks St., RE9170954-0000.
Violation of Chapter 12, Section 12-1-7, of the Code of the City of Atlantic Beach.
Code Enforcement Official Grunewald advised that the owners have not complied with the
findings of this Board of September 7, 1999, the Public Works Department has removed all
vegetation and trash from the property, and the owners have been invoiced in the amount of
$410.00 which has not been paid. Additionally, the administrative fee of $79.74 has not been
paid, totaling unpaid charges of $489.74. Further, Mr. Grunwald advised that this property is on
the agenda list for lien action.
4. NEW BUSINESS:
Chairman Rogosheske stated that the cases before the Board regarding failure to pay animal
control citations is a new phase of action by the Code Enforcement Board, and requested advice
of counsel regarding conducting the hearing. Alan Jensen advised that if any testimony is to be
F)
given, then the usual procedures should be taken.
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 E. T. Fernandez arrived.)
A. Case No. 99-8570 - Amanda Cochran, 870 Orchid Street.
This individual received a citation from the Atlantic Beach Animal Control Officer,
and is in violation of Chapter 4, Section 4 - 39(b): Failure to pay Animal Control
Citation. (Currently resides at 1395 Rose St.)
Code Enforcement Official Grunwald reported that this individual has moved from two known
locations and left no forwarding address. She has not received proper notice. This will remain a
pending case until such time as she is located. Mr. Grunewald's recommendation to the Board is
to authorize him to post the notice at City Hall, and again attempt to notify her by certified mail
to achieve proper notice.
Board Member Fernandez moved to approve Mr. Grunewald's recommendation,
authorizing him to post notice at City Hall and attempt to notify her by certified mail. The
motion was seconded by Board Member Sanders, and unanimously approved.
B. Case No. 99-8563 - Nelson Minon, 1109 Hibiscus Street.
This individual received a citation from the Atlantic Beach Animal Control Officer,
and is in violation of Chapter 4, Section 4 - 39(b): Failure to pay Animal Control
Citation.
(See action on both cases under C below.)
C. Case No. 99-8564 - Nelson Minon, 1109 Hibiscus Street.
This individual received a citation from the Atlantic Beach Animal Control Officer,
and is in violation of Chapter 4, Section 4 - 39(b): Failure to pay Animal Control
Citation.
Code Enforcement Official Grunewald reported that notice of violation was issued to Mr. Minon
by certified mail on September 1, 1999, and hand delivered to him on October 22, 1999.On
October 29, 1999, Mr. Minon faxed proof of his court appearance and the reason for the
dismissal of the citations as well as proof of having paid a third citation. Also, Mr. Grunewald
reported that he has spoken with Chief Thompson and part of the problem is that the court didn't
notify them when the cases are dismissed. Also, Robert Mesquit, the Animal Control Officer,
did not receive notification from the court. Code Enforcement Official Grunewald and Robert
Mesquit plan to meet with Chief Thompson to try to coordinate notification in these cases when
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they're heard in County Court. Mr. Grunewald's recommendation is that no fine be levied and
the administration charges dismissed, since the dismissal of the cases by the court occurred prior
to his taking code enforcement action.
Board Member Fernandez moved that no fines be levied and the administration charges
dismissed in both cases. The motion was seconded by Board Member Deitchman, and
unanimously carried.
D. Case No. 99-8562 - Keith Mordt, 103 Levy Road.
This individual received a citation from the Atlantic Beach Animal Control Officer,
and is in violation of Chapter 4, Section 4 - 39(b): Failure to pay Animal Control
Citation.
(See action on both cases under E below.)
E. Case No. 99-8568 - Keith Mordt, 103 Levy Road.
This individual received a citation from the Atlantic Beach Animal Control Officer,
and is in violation of Chapter 4, Section 4 - 39(b): Failure to pay Animal Control
Citation.
Code Enforcement Official Grunwald reported that notice of violation was issued to Mr. Mordt
by certified mail on September 1, 1999, and hand delivered to him on October 22, 1999. The
citations have not been paid, and the administrative fees are $146.50. Pursuant to Mr.
Grunewald's recommendation, Board Member Pelkey moved to find Mr. Mordt in violation,
that he is assessed $146.50 administrative costs, and that he is given 15 days to pay the fine
and administrative costs, and failure to do so will result in a $250 per day fine after the 15
days. The motion was seconded by Mr. Sanders.
Attorney Jensen asked for clarification of the motion, i.e., 15 days to pay the fine of the violation,
together with the administrative costs — set forth that he has to pay both.
Board Member Pelkey amended the motion to add that Mr. Mordt shall have 15 days to
pay the fine of the violations ($200.00) and the administrative fee of $146.50 and failure to
do so will result in a $250 per day fine after the 15 days. The amended motion was
seconded by Mr. Sanders, and unanimously carried.
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F. Case No. 99-8555 - Ralph Spight, 665 Sailfish Drive.
This individual received a citation from the Atlantic Beach Animal Control Officer,
and is in violation of Chapter 4, Section 4 - 39(b): Failure to pay Animal Control
Citation.
Code Enforcement Official Grunewald reported that notice of violation was issued to Mr. Spight
by certified mail on September 1, 1999, and hand delivered on November 4, 1999. The citation
has not been paid, and the total administrative charges are $73.25. Mr. Grunewald's
recommendation is to find Mr. Spight in violation, allow him 15 days to pay the citation and
administrative costs or be fined $250.00 per day plus accumulative administrative charges.
Mr. Spight was present, and Chairman Rogosheske asked him if he had any comments and
advised him that the Board was only considering the fact that he hasn't paid. Mr. Spight stated
that he works two jobs, and that he will take care of it. Board Member Fernandez asked Mr.
Spight if he could pay the citation and administrative fees totaling $123.25 in 15 days, and he
indicated that he could.
Board Member Fernandez moved to follow Code Enforcement Official Grunewald's
recommendation, to allow Mr. Spight 15 days to pay the citation and administrative costs,
totaling $123.25, and if he doesn't comply, he will be assessed $250.00 per day after the 15
days. Mr. Sanders seconded the motion, and it was unanimously approved.
Chairman Rogosheske asked Mr. Spight if he understood the action taken, and he stated that he
did.
G. Case No. 99-8557 - Cherylanne Luciano, 337 Oceanwalk Drive N.
This individual received a citation from the Atlantic Beach Animal Control Officer,
and is in violation of Chapter 4, Section 4 - 39(b): Failure to pay Animal Control
Citation.
Code Enforcement Official Grunewald reported that notice of violation was issued via certified
mail and unclaimed; that notice to appear was hand delivered on October 22, 1999; the citation
has not been paid, and the administrative charges are $73.25. Mr. Grunewald's recommendation
is to find Ms. Luciano (Crist) in violation, allow her 15 days to pay the citation and
administrative costs or be fined $250.00 per day plus accumulative administrative charges.
Cherylanne Luciano Crist was present, and there was some discussion between Ms. Crist and the
Board. Animal Control Officer Robert Mesquit addressed the Board, and it was determined that
there was some misunderstanding involved. Board Member Deitchman moved to find Ms.
Crist in violation, allow her 15 days to pay the fine which is now $50.00, and waive the
administrative fees. Additionally, if she fails to pay the fine, she will be assessed $250.00
per day after the 15 days. Board Member Pelkey seconded the motion, and it was
unanimously approved.
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5. Approval of Minutes of the Regular Meeting of September 7, 1999.
The minutes of the Regular Code Enforcement Board Meeting of September 7, 1999, were
unanimously approved as presented.
6. REQUESTS FOR LIEN ACTION:
Name
Address
Amount of Lien
Code Enforcement Official Grunwald read each of the proposed lien action requests and
explained the notification given in each case.
Treva M. Graber 480 Skate Road, a/k/a Lot 23, $ 900.00
Block 19, Royal Palms,
RE#171566-0000
Coalition Partnership 725 Atlantic Blvd. (Pic n Sav) $4,780.00
a/k/a B De Castro Y Ferrer Grant
RE#177651-0000
Edward & Cindy Winters 986 Stocks St. (vacant lot) $ 410.00
Lot 2, Blk 160, Section H
RE#170954-0000
John & Ingrid Albright 915 Sailfish Drive $ 570.00
Lot 34, Blk 6, Royal Palms 1
RE#171253-0000
A motion was made by Board Member Fernandez to authorize the City Clerk to file a lien
in each of the lien action requests presented, the motion was seconded by Board Member
Pelkey, and unanimously carried.
6. BOARD MEMBER/CODE ENFORCEMENT OFFICIAL COMMENTS:
♦ Code Enforcement Official Grunewald introduced E.T. Fernandez, III to the Board.
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♦ Board Member Fernandez stated that police officers have designated days for court
appearances. The Clerk of County Court should be contacted about notifying the Animal
Control Officer when these cases are scheduled.
♦ There was a brief discussion regarding the animal control citations, and Code
Enforcement Official Grunwald stated this is the first time around, trial and error, that
the administrative costs are $73.25 but there's a tremendous amount of work involved.
He sends letters out, gets phone calls (sometimes from irate citizens) stating they have
been to court and the case has already been dismissed. It's very embarrassing to him and
to the city. He will be meeting with Chief Thompson to work on all of this. Due to the
new animal control ordinance for the city, this is just the beginning.
♦ Code Enforcement Official Grunewald briefly discussed the Legal Update: Including
Cases, AGO's, and Chapter 162 which took effect October 1", and was furnished to the
Board members. He pointed out that costs for prosecution cannot be included in a lien, so
administrative charges can no longer be attached to a lien.
8. ADJOURNMENT
There being no further discussion or business to come before the Board, the meeting adjourned at
8:35 P.M.
Attest:
Linda P. Kilis
Secretary
Ken Rogosheske, Chairman
Code Enforcement Board
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C. B. Date: January 4,2000
Case # 9.9- 8455_.
City of 'Atlantic -Beach
Code Enforcement Bo"ot Case -Presentation
Defendant: Benjamin Brown
Location: 457 Sailfish :Drive
A/K/A: Lot .1, Blk 27, Royal Palms 2A
Re: 171374-0000
Violation : Chapter 12, Section 12-1-7, Outside storage of Miscellaneous Material
Chapter 6, Section 6-107, Address numbers not clearly visible from the
street.
Owner Occupied: _x Rental: Homestead: yes _No x
Code Enforcement Board Members:
1. Inspection of the above property revealed that a violation of the code of the City
of Atlantic Beach is present. Ownership of the property was determined through
the x_tax records, a title search, Other
2. The nature of the violation is: See Above.
3. Inspection of the property was prompted as a result of a complaint x Routine
Inspection x
4. Notice of violation was issued to owner x on July 2,1999, & November 9,1999
5. Notice was achieved by certified mail X hand deliveryX posting=
method of service meets with requirements of FI S.S.162-12.
6. 1 did x not speak with the owner x occupant of the property.
7. The latest inspection was a result of following up and routine inspection.
8. The violation is still present x, in compliance _.
1
9. In order to achieve compliance it is necessary to remove all outside storage and
provide house numbers clearly visible from the street.
10. Ido X Do not have photographs of the property and violations as they
exist on the property. They represent a fair and accurate representation of the
property at the time they were taken -
11. 1 would estimate that 5 days would be sufficient time to correct the violations.
Further comments: Mr. Brown has failed to comply with the Findings of Fact of the
Board dated November 9,1999. The Findings were posted on his home at 457 Sailfish
Drive (affidavit provided). I spoke to Mr. Brown following the posting of notice and he
understood that he had 30 days in which to remove all outside storage. To date the
yard is still littered with items that were required to be removed.
Recommendations: The Findings of Fact specify that if compliance is not achieved in
the time allotted ( 30 days) a fine of $250.00 per day will be in effect. After due notice
Mr. Brown failed to comply within 30 days or by December 17,1999. The fine of
$250.00 per day has been in force for 18 days and totals $ 4500.00. 1 recommend that
five days be granted for compliance and that the fine continue through that time.
Failure to comply resulting in the Board requesting the City to remove all outside
storage.Charges for such work and the accumulated fine if not paid resulting in a lien
against the property. If compliance is reached, the accumulated fine if not paid in 30
days will result in a lien.
Witness:
Attachment:
ZI
1/6–ewa—ld���
Code Enforcement Officer
2
Code Enforcement Administrative Charges for Presentation to- the Board
Pursuant to FI S:S. 16Z. 07-(2� the following charges for prosecuting this case before the Code
Enforcement Board shall be charged to each violator provided they be found in violation. Such
costs may be included in a lien authorized under s. 162.09 (3) if not paid within 30 days. A
certified copy of an order imposing a fine 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.
Code Enforcement Board Meeting: January 4,2000
Case Number 99-8455, Benjamin Brown, 457 Sailfish Drive, Atlantic Beach, Fl 32233
Code Enforcement Officer, $17.00 per hour x 1 hours =
Code Enforcement Secretary , $ 9.38 per hour x 1 hours =
Code Enforcement Attorney, $ 125.00 per hour .25 Hour =
Postage, Cert. Mail,
December 16, 1999
Karl W. Grunewald
Code Enforcement Officer
$2.98x2=
Total Charges
$ 17.00
$� 1.25
$ 5.96
$ 63.59
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
CASE NO.99-8455
December 17, 1999 BY CERTIFIED MAIL
Mr. Benjamine Brown
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 4th
day of January; 2000, 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 12-1-7, Outside storage of Miscellaneous
Material; Chapter 6, Section 6-107, Address numbers not clearly
visible from the street. 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
Address numbers not clearly visible from the street.
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 ubpoenaed or if you have questions regarding the
procedure, please contact Linda Kilis, 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.
ATTEST: S' rely,
SECRETARY en ogosh s e, -Chairman
Code Enforcement Board
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CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, )
Petitioner,
VS.
BENJAMIN BROWN,
Respondent.
--------------------------------
TO: NAME: BENJAMIN BROWN
STREET P.O. BOX 51513
CITY JACKSONVILLE BEACH
STATE FLORIDA 32250
VIOLATION NO. 99-8455
SUBPOENA
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
4TH day of JANUARY, 2000 at 7:30. p. m. in reference to
violation of Chapter 12, Section 12-1-7 and Chapter 6,
Section 6-107, of the Code of Ordinances of the City of Atlantic
Beach. LOCATION OF VIOLATION:
457 Sailfish Drive, a/k/a Lot 1, Block 27, R/P 2A, RE## 171374-0000.
Failure to appear subjects you to penalty of law.
Dated this 17th day of DECEMBER, 1999.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
BY C�O. ' % �\ lx nj
Linda P. Kilis, Secretary
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
DEFENDANT: BENJAMIN BROWN
CASE NO.: 99-8455
AFFIDAVIT
STATE OF FLORIDA)
) ss.
COUNTY OF DUVAL)
BEFORE ME, the undersigned authority, personally appeared KARL
GRUNEWALD who, upon being duly sworn, deposes and says:
1. He is the Code Enforcement Officer for the City of Atlantic Beach, Florida.
2. He has posted notice on December 21, 1999, at City Hall, 800 Seminole Road,
Atlantic Beach, Florida, to the Defendant, Benjamin Brown, regarding
violations set forth in Case No. 99-8455.
FURTHER AFFIANT SAYETH NOT.
KARL GIKUNEWALD
Sworn to and subscribed before me by Karl Grunewald, who is personally known to
me, this 215 day of December, 1999.
NOTARY PUBLIC
My Commission expires:
LINDA P KILIS
Notary Public, State of Florida
My comm. exp. Aug. 30, 2003
Comm. No. CC849677
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
DEFENDANT: AMANDA COCHRAN
CASE NO.: 99-8570
AFFIDAVIT
STATE OF FLORIDA)
) ss.
COUNTY OF DUVAL)
BEFORE ME, the undersigned authority, personally appeared KARL
GRUNEWALD who, upon being duly sworn, deposes and says:
1. He is the Code Enforcement Officer for the City of Atlantic Beach, Florida.
2. Pursuant to the authorization of the Code Enforcement Board on November
9, 1999, he has posted notice on November 16, 1999, at City Hall, 800
Seminole Road, Atlantic Beach, Florida, to the Defendant, Amanda Cochran,
regarding violation set forth in Case No. 99-8570.
FURTHER AFFIANT SAYETH NOT.
RL G UNEWALD
Sworn to and subscribed before me by Karl Grunewald, who is personally known to
me, this 16`h day of November, 1999.
NOTARY PUBLIC
My Commission expires:
LINDA P KILIS
Notary Public, State of Florida
My comm. exp. Aug. 30, 2003
Comm. No. CC849677
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
November 9, 1999
DEFENDANT: AMANDA COCHRAN
CASE NO. 99-8570
RE:: VIOLATION(S) OF Chapter 4, Section 4 - 39(b) of the Code of
the City of Atlantic Beach,Failure to pay Animal Control Citation.
LEGAL DESCRIPTION: Non -homesteaded
The Code Enforcement Board has heard testimony at the Code
Enforcement Board hearing held the 9th day of November , 1999,
and based on the evidence, the Code Enforcement Board enters the
following FINDINGS OF FACT, CONCLUSIONS OF LAW:
FINDINGS OF FACT
Amanda Cochran has moved from two known locations and left no
forwarding address. She has not received proper notice to appear
before the Code Enforcement Board. This is a pending case until
such time as she is located. The Code Enforcement Board authorized
Code Enforcement Official Grunewald to post notice at City Hall and
to again attempt to notify the Defendant by certified mail.
CONCLUSIONS OF LAW
There was competent, substantial evidence presented to support a
finding of a violation of the Ordinance Code as charged.
ORDER
It is the Order of this Board that Code Enforcement Official
Grunewald is authorized to post notice at City Hall and to again
attempt to notify the Defendant, Amanda Cochran, by certified mail.
DONE AND ORDERED THIS 9th DAY OF November 1999.
ATTEST:
f Ken Rogosheske, Chairman
Code Enforcement Board
Secretary