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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 3 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. 2 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. 5 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. 2 ♦ 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 7 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 LO I 0 Q o O Co C) 0 LL a Z 031 520 089 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. nn not nca fnr Intamafinnnt Mail /See reverse) Sent et(z) r `' � 3 P Office, Sta , S ZIP Cide Pos age Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom, Date, & Addressee's Address TOTAL Postage & Fees s Postmark or Date 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