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10-15-03 CEB Meeting MinutesCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES OCTOBER 15, 2003 Call to order: PRESENT: Richard Mann, Vice Chairman Peter Wynkoop Carl Russell Christopher Shea Mamie Hurd AND: Alex Sherrer, Code Enforcement Officer, Suzanne Green, Prosectuting Attorney Alan Jensen, City Attorney Ellen LaVake, Secretary ABSENT: Curtis Sanders (excused) Ray Breault The meeting was called to order at 7:00 p.m. by Vice Chairman Richard Mann, followed by the Pledge of Allegiance to the Flag. The Secretary read the roll, finding that Board Members Ray Breault and Curtis Sanders were absent. Chairman Sanders had previously informed the board secretary that he would be out of town. 1. Approval of the Minutes of the Meeting held on September 17, 2003 Following a brief review of the Minutes of the September 17, 2003 meeting, the minutes were unanimously approved as presented. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda. There were no visitors or guests present at the meeting. 3. Unfinished Business: Code Enforcement Officer Alex Sherrer reported on the following case: A. COMPLIANCE: (1). Case No.: 651-01, Kelly & Ruth Wilson, 615 Atlantic Blvd., the City Commission granted the Wilsons an extension until September 2003 to present engineering plans for a new sign. Code E nforcement O fficer A lex S herrer r eported t hat Wilson & W ilson replaced t heir sign and were in good standing order and in full compliance. B. NON-COMPLIANCE: (2). Case No.: 1331-02, Valda Hector, 387 Skate Road. Code Enforcement Officer Sherrer reported that Ms. Hector had still not completed the removal of the shed that was in violation. He recommended a fine of $250.00 a day be instituted per order of September 17, 2003, and that a lien be placed against the property of 387 Skate Road for the total assessment plus costs incurred for the filing of the lien. The lien amounts are to be made payable with an interest rate of ten (10) percent per annum from the date of certification until paid. Board Member Russell asked what had been done since September 17, 2003 and how much work still needed to be done. Mr. Sherrer stated that only about 40 percent of the work had been done and that nothing had been done in the last two weeks. Vice Chairman Mann asked if there was any more discussion needed. Board Member Wynkoop asked Mr. Sherrer if he had talked to Ms. Hector and if she understands the $250.00 a day fine, why hasn't she done anything? Mr. Sherrer replied that he had talked to her and that she could not find anyone to help her remove the shed. A motion was made by Board Member Shea, seconded by Vice Chairman Mann, and was unanimously carried to approve the full recommendation of the Code Enforcement Officer as presented. 4. Public Hearings: Case No.: 537-03, Benjamin Brown, Jr., 457 Sailfish Drive, Atlantic Beach, FL, Chapter 12, Sec 12-1 (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS; Chapter 12, Sec 12-1 (b)(3): ALLOWING EXCESSIVE GROWTH OF WEEDS; Chapter 24 Sec 24-104: CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT. Vice Chairman Mann read the hearing procedures for the case, introduced everyone present and all witnesses were sworn in. Code Enforcement Officer Shearer gave a presentation of the case and a brief history of the violations dating back to 1998. He then asked the board to review his findings of facts before he continued with his recommendations. Vice Chairman Mann asked Mr. Brown if he wished to speak. Mr. Brown stated that in order to make a living he had to keep salvage materials on his property and that other people would drop materials at his house for him to work on. He said he has tried to keep his property cleaned up but that vandals keep tearing down his fence. He inquired as to how he can obtain a license to continue conducting his business 2 at his residence but was told this is not allowed in Atlantic Beach. Wanda Lanier of 568 Seaspray Avenue was sworn in and stated she had lived in her neighborhood for 18 years and that she found the conditions of Mr. Brown's property unacceptable. She was frustrated that Mr. Brown had not cleaned up his property and continued to violate the City codes. Debbie Monte of 598 Seaspray Avenue was sworn in and stated she had been before the Code Enforcement Board three times to complain about Mr. Brown's property. She felt that he stored some hazardous materials on his property that made the neighborhood unsafe and she wanted him to be held accountable. After further discussion Code Enforcement Officer Sherrer recommended that Mr.Brown be found guilty for non-compliance, and as a repeat violator be fined the full $7,500.00 originally set aside during the hearing of May 1, 2001. He recommended that Mr. Brown be granted until October 31, 2003 to bring his property into full compliance and that a fine of $500.00 a day be imposed for every day after that, and that any future violations will result in a $500.00 a day fine per violation starting with the first day of notification. As Mr. Brown is unlicensed and cannot be licensed to conduct a salvage business in a residential district he will be forbidden from bringing any scrap metal, junk cars or any other salvage materials onto the property at 457 Sailfish Drive. Mr.Brown will be assessed the full administrative costs of $549.62 for conducting this hearing, per Florida Statute 162.07 (2) and be given 1 month to pay all fines and fees assessed and failing to make a payment a lien b e placed a gainst the property o f 457 Sailfish D rive. All lien amounts are to be made payable with interest at a rate of ten (10) percent per annum from the date of certification until paid. A motion was made by Board Member Wynkoop, seconded by Board Member Hurd, and carried by 4 to 1 vote with Board Member Russell voting "nay" to accept the recommendations of the Code Enforcement Officer as presented. Case No.: 1270-02, Yoochun Won, 1480 Mayport Road, Atlantic Beach, FL, Chapter 24, Sec 24-160 (b): DUMPSTER, GARBAGE CONTAINERS AND REFUSE COLLECTION AREAS: FAILURE TO MAINTAIN A PROPER DUMPSTER ENCLOSURE. Code Enforcement Officer Sherrer presented the case. Mr. Won was not present at the hearing. Mr. Sherrer stated that Mr. Won had corrected the problem prior to the hearing and recommended that no fines be imposed and that he be charged administrative fees only. Mr. Sherrer also recommended that Mr. Won pay a total of $292.69 in administrative fees within 30 days. A motion was made by Board Member Wynkoop, seconded by Board Member Shea, and unanimously carried to approve the Code Enforcement Officer's recommendation as presented. 5. Miscellaneous Business: Code Enforcement Officer Sherrer asked the board members to review the copy of the Code Enforcement Investigation Report for September 2003 and asked if there were any 3 questions. Vice Chairman Mann inquired about the high volume of licensing in January. It was explained that is when the City checks up on all businesses that failed to renew their occupational licenses to see if they are still operating. 6. Board Member Comments: Board Member Shea commended Code Enforcement Officer Sherrer for the continued good job he does for the City. 7. Adjournment: Vice Chairman Mann asked if there were any more comments and declared the meeting adjourned at 8:15 p.m. Richard Mann, Vice -Chairman Code Enforcement Board Attest: A-&� Ellen LaVake - Secretary -i fin O M> -i C>C/ Om D -inn O M> -inn O m D -400 O m D -inn Om D 1n17 O m 'i C]l7 O MP `i 0117 O m D -in/7 O M> 4 o r Dor D m r D o r Dorn- D o r D o r Dor Dor D o r m_ N Z rm- N Z Z rm- NZZ rm_ N Z Z rm- N Z Z rm_ N Z Z rm- N Z rm- N Z Z rm- N Z rm_ N Z 2 w N f�/1 SI N N N -i co N N N N '11 D T G I 'll G 71 O �,u T p�jE,, O �i O O O 9 O O 51d3,0LON�9 c "� S\�9SOOyO v o �N\SNA'\, N NO r9 e" v w a NSVSS�� m w a, �N\N�d J ASN 40 t22 N j`dM �N\SOON N SSSS\ m w w 5110,10 O9d dyi 0 0 0 1d7\LdSOSNNS w N a stis9W�Na5�oN ono a31dMSLdN�diS e e fl 1dW\Nd 51d3,0LON�9 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION I, D .)o Au-){,// #/w/ served notification to: (OFFICER'S NAME) this J r� day of October 2003. at �.3b -a.m./a) This notification was in reference to:. Mr. Yoochun Won 1480 Mayport Road Atlantic Beach, FL 32233 Signature of Server: Signature of Receiver: _ z ", Dated: D � d Please return to the City Clerk's Office. Thanks. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 1270-02 October 3, 2003 Mr. Yoochun Won 1480 Mayport Road Atlantic Beach, FL 32233 Dear Mr. Won: 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 a re h ereby n otified a nd o rdered t o a ppear at t he n ext p ublic h earing o f t he C ode Enforcement Board on WEDNESDAY, the 15th day of October 2003, AT 7:00 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 24, See 24-160 (b) : DUMPSTER, GARBAGE CONTAINERS AND REFUSE COLLECTION AREAS. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 1480 Mayport Road, a/k/a USD3 Atlantic Beach Sec H Pt Lots 1,2,3 Blk 53, PT 38 -2S -29E, the following condition(s): FAILURE TO MAINTAIN A PROPER DUMPSTER ENCLOSURE. The Code Enforcement Board has the power to levy fines up to $250.00 per day for the first offense and $500.00 for the second offense against the property, if a violation is found to exist beyond the date set by the Board for compliance. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact Ellen LaVake, 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. Sincerel urtis M. Sanders, Jr - Chairman Code Enforcement Board CITY OF ATLANTIC BEACH C.B. Date: October 15, 2003 Defendant: MR. YOOCHUN WON Case # 1270-02 Location: 1480 MAYPORT ROAD A/K/A 18-34 38 -2S -29E USD3 ATLANTIC BEACH SEC H PT LOTS 1,2,3 BILK 53, PT38-2S-29E RE# 170794-0000-2 Violation: CHAPTER 24, SECTION 24-160 (b) DUMPSTER, GARBAGE CONTAINERS AND REFUSE COLLECTION AREAS Owner Occupied: X Rental: Homestead: Yes No X Code Enforcement Board Members: 1. Inspection of the property revealed that a violation of the Code of the City of Atlantic Beach is present. Ownership of the property was determined through: Tax Records x Title Search Other 2. The code #(s) and nature of the violation(s) discovered are: CHAPTER 24, SECTION 24-160 (b); FAILURE TO MAINTAIN A PROPER DUMPSTER ENCLOSURE 3. The inspection was prompted as a result of a: Complaint Routine Inspection X Other 4. A violation notice was issued to the owner/occupant on: OCTOBER 23, 2002 5. Notice to the owner -occupant was achieved by: Certified Mail X Hand Delivery Posting of Property requirements of Florida Statutes 162-12. 6. 1 did X did not speak with the owner concerning the violations. 7. Brief description of conversation: The method of service meets with someone in charge of the property April 17, 2003, Code Enforcement Officer Sherrer, spoke with Mr. Won concerning the condition of the dumpster enclosure at 1480 Mayport Rd. Mr. Won acknowledged he had received the notification and that he hadn't gotten around to repairing it, but that he would make the necessary repairs. 8. The latest inspection was made September 24, 2003 was a result of following up inspection. 9. The violation(s) is still present X in compliance _. PAGE 2 CODE PRESENTATION SHEET 10. In order to achieve compliance, it is necessary to correct all of the violations and maintain the property: The dumpster enclosure must be repaired and gates must be installed so that the dumpster can not be seen from the road. 11. 1 do X do not have photographs of the property and violations as they existed on the property. They represent a fair and accurate representation of the property at the time they were taken. 12. 1 would estimate that 14 day(s) would be sufficient time to correct the violation. 13. Further Comments: Mr. Won's business is one of 67 businesses that received notification to either repair or enclose their dumpster. Mr. Won has received ample notification and time to comply. Mr. Won received his notification on October 23, 2002 asking for voluntary compliance, I spoke with him on April 17, 2003 concerning his non-compliance. A second notification was mailed return receipt on May 12, 2003 granting 30 days to comply. To date no action has been taken by Mr. Won to comply. Recommendations: Mr. Won be found guilty for non-compliance, and be given until October 31, 2003 to bring his property into compliance and that a fine of $250.00 a day be imposed for every day after that. Furthermore, I recommend that per Florida Statute 162.07 (2), Mr. Won be assessed the full administrative costs of $461.72 for conducting this hearing, and be given 1 month to make payment and that failing to make said payment, a lien be placed against the property of 1480 Mayport Rd for the total assessment plus all costs incurred for the filing of the lien. All lien amounts are to be made payable with interest at a rate of ten (10) percent per annum from the date of certification until paid. Respectfully submitted, Alex Sherrer Code Enforcement Officer Code Enforcement Administrative Charges for Presentation to the Board Pursuant to Florida Statute 162.07 (2) the following charges for prosecuting this case before the Code Enforcement Board shall be charged to the violator provided he or she are found in violation. Code Enforcement Board Meeting: September 9, 2003 Case Number; 537-03: Mr. Benjamin Brown, 457 Sailfish Dr, Atlantic Beach, FL 32233 Code Enforcement Officer, $ 20.83 per hour x 12 hours = $249.96 Code Enforcement Secretary, $ 23.97 per hour x 2 hours = $ 47.94 Code Enforcement Attorney, $ 125.00 per hour x 1 hours = $125.00 Postage, Certified Mail, $ 4.42 x 2 = $ 8.82 Copies, Xerox $ .10 x 300 pages = 30.00 Total Charges $461.72 September 26, 2003 Alex Sherrer Code Enforcement Officer Coll wnet si]E intisx in oonxact i n Mc ial %'iebrAe jof Itm City of JacksonvVilot F3orda I Duval County Tax Collector 2002 Real Estate Tax Summary Property Information Real Estate No. 171374-0000-9 Name BENJAMIN JR BROWN Address 457 SAILFISH DR Mailing Address for the Property e5a-&A1 FiS D ,..��-.-vl'ilG7 I.71T�- R P 0 BOX 51513 JACKSONVILLE BEACH FL 32240 - 1513 Legal Description of Property 31-001 38 -2S -29E USD3 ROYAL PALMS UNIT 2 A LOT 1 BLOCK 27 0/R BK 7095-881 Tax Information Exempt Code Assessed Value 74983 Govt. Tax Value RE Tax Lien Amt. Non Ad Val 973.96 .00 .00 CURRENT YEAR TAX TOTAL AMOUNT DUE IF PAID IN November December January 935.00 944.74 954.48 Payment Information 1,008.18 Paid Code UNPAID Paid Date Unpaid Certificate Information Mailing Map -It Address Feedback Certificate No. Certificate Holder Home Property 2002-17792-000-8 EQUIFUNDING INC 2003-17349-000-9 WACHOVIA BANK NA AS CUST/TRUSTEE FOR Paid Certificate Information saa vi 4 49983 Exempt Code H By Int. Amt. By Pen Amt. Gross Tax .00 .00 973.96 February March April 964.22 973.96 1,008.18 Exception Code Amount 1,033.23 1,058.34 Certificate No Paid Amount Date Paid 1990-13891-000-5 758.42 03/29/1991 2000-17094-000-3 1,810.42 05/15/2002 2001-17094-000-5 1,175.86 06/06/2003 ON {� Mailing Map -It Address Feedback Payment Feedback Home Property Map Appraiser 997 Amount Due for OCTOBER 1,185.85 1,117.51 Receipt Number R008060 001239328022120020515 001130021004220030609 Appraisal Feedback CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 537-03 October 3, 2003 Mr. Benjamin Brown, Jr. 457 Sailfish Drive Atlantic Beach, FL 32233 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 a re h ereby n otified a nd o rdered t o a ppear at t he n ext p ublic h earing o f t he C ode Enforcement Board on WEDNESDAY, the 15th day of October 2003, AT 7:00 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, Sec 12-1 (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS; Chapter 12, Sec 12-1 (b)(3):ALLOWING EXCESSIVE GROWTH OF WEEDS; Chapter 24 Sec 24-104 : CONDUCTING A SALVAGE BUSINES IN A RESIDENTIAL DISTRICT. It is alleged that you are in violation as a repeat offender 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 Unit 2A, the following condition(s): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS; ALLOWING EXCESSIVE GROWTH OF WEEDS; CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT. The Code Enforcement Board has the power to levy fines up to $250.00 per day for the first offense and $500.00 for the second offense against the property, if a violation is found to exist beyond the date set by the Board for compliance. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may b e 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 yoir desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact Ellen LaVake, Secretary of the Code Enforcement Board within five days of the receipt of this notice at 2475810. 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. Sinc CZ Curtis M. anders, Jr - Chairman Code Enforcement Board CITY OF ATLANTIC BEACH C.B. Date: October 15, 2003 Defendant: MR. BENJAMIN BROWN JR Case # 537-03 Location: 457 SAILFISH DRIVE A/K/A LOT 1, BLOCK 27, ROYAL PALMS UNIT 2A RE# 171374-0000 r Violation: CHAPTER 12, SECTION 12-1 (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS CHAPTER 12, SECTION 12-1 ((b)(3): ALLOWING EXCESSIVE GROWTH OF WEEDS CHAPTER 24, SECTION 24-104: CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT Owner Occupied: X Rental: Homestead: Yes X No Code Enforcement Board Members: 1. Inspection of the property revealed that a violation of the Code of the City of Atlantic Beach is present. Ownership of the property was determined through: Tax Records x Title Search Other 2. The code #(s) and nature of the violation(s) discovered are: CHAPTER 12, SECTION 12-1 (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS CHAPTER 12, SECTION 12-1 (b)(3): ALLOWING EXCESSIVE GROWTH OF WEEDS CHAPTER 24, SECTION 24-104: CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT 3. The inspection was prompted as a result of a: Complaint X Routine Inspection _ Other 4. A violation notice was issued to the owner/occupant on: JUNE 25, 2003 5. Notice to the owner -occupant was achieved by: Certified Mail Hand Delivery Posting of Property. X The method of service meets with requirements of Florida Statutes 162-12. 6. 1 did X did not speak with the owner someone in charge of the property concerning the violations. 7. Brief description of conversation: June 25, 2003, Code Enforcement Officer Sherrer, spoke with Mr. Brown about the condition of his property, during which Mr. Brown assured me that he would correct the violations in the time allotted. The Courtesy Notice of Violation was issued with 14 days to comply. 8. The latest inspection was made September 16, 2003 as a result of following up on the original complaint(s). 9. The violation(s) is still present X in compliance _. PAGE 2 CODE PRESENTATION SHEET 10. In order to achieve compliance, it is necessary to correct all of the violations and maintain the property: Maintain the property at 457 Sailfish Dr in a manner that prohibits it from becoming a detriment to the community, by properly maintaining the lawn and not using the property for the storage of junk and rubbish. 11. 1 do X do not have photographs of the property and violations as they existed on the property. They represent a fair and accurate representation of the property at the time they were taken. 12. 1 would estimate that 7 day(s) would be sufficient time to correct the violation. 13. Further Comments: Mr. Brown, previously appeared before the Code Enforcement Board on numerous occasions: September 8, 1998: Found in violation Chapter 12, Sec12-1-3 Weeds and Rubbish, no fine imposed because property had been brought into compliance, board voted to impose a $100.00 a day fine if found in non-compliance again, fine to commence from first notification until brought into compliance September 7, 1999: Found in violation of Chapter 12, Sec 12-1-7 Illegal outside storage, assessed administrative fees only, board voted $250.00 a day fine if not brought into compliance, accrued to $4,500.00. Board voted to impose a $500.00 a day fine, fine to commence from first notification until brought into compliance. Fine accumulated to $4,500.00 January 11, 2000: Found in violation of previous Board order, $4,500 fine reduced to $325.00 plus administrative fee of $174.58. Compliance was never verified because of privacy fence installation. May 1, 2001: Found in violation and fined a total of $7,500.00 as a repeat offender of Chapter 12, Sec 12-1 (b) (7) illegal outside storage, and Chapter 24, Section 24-104 operating a junk/salvage business in a residential neighborhood. All fines were deferred pending any future violations. Assessed $815.50 in administrative fees. Since the hearing of May 1, 2001 Mr. Brown has been issued 19 Courtesy Notices of Violation for not properly maintaining his property, 5 for illegal outside storage of rubbish and 3 for an unkempt lawn. Many times the rubbish removal could not be verified because Mr. Browns because privacy fencing which had fallen down was either repaired or added to. Many of these notices were issued as a result of anonymous complaints, the complaints continue and so have the violations. Recommendations: That Mr. Brown be found guilty for non-compliance, and be fined the full $7, 500.00 originally set aside during the hearing of May 1, 2001 be imposed. I recommend that Mr. Brown be given until October 31, 2003 to bring his property into full compliance and that a fine of $500.00 a day be imposed for every day after that, and that any future violations will result in a $500.00 a day fine per violation starting with the first day of notification. As Mr. Brown is unlicensed and cannot be licensed to conduct a salvage business in a residential district, and as the evidence shows that Mr. Brown still continues to conduct business by sorting material on his property. I recommend that he be forbidden from bringing any scrap metal, junk cars or any other salvage materials onto the property at 457 Sailfish Drive. Furthermore, Mr. Brown be assessed the full administrative costs of $549.62 for conducting this hearing, per Florida Statute 162.07 (2) and be given 3 months to pay all fines and fees assessed and failing to make payment a lien be placed against the property of 457 Sailfish Dr for the total assessment plus all costs incurred for the filing of the lien. All lien amounts are to be made payable with interest at a rate of ten (10) percent per annum from the date of certification until paid. Total of fines and administrative costs to be paid are $8,049.62. Respectfully submitted, XSherrer Code Enforcement Officer Code Enforcement Administrative Charges for Presentation to the Board Pursuant to Florida Statute 162.07 (2) the following charges for prosecuting this case before the Code Enforcement Board shall be charged to the violator provided he or she are found in violation. Code Enforcement Board Meeting: September 9, 2003 Case Number; 537-03: Mr. Benjamin Brown, 457 Sailfish Dr, Atlantic Beach, FL 32233 Code Enforcement Officer, $ 20.83 per hour x 16 hours = $333.28 Code Enforcement Secretary, $ 23.97 per hour x 2 hours = $ 47.94 Code Enforcement Attorney, $ 125.00 per hour x 1 hours = $125.00 Copies, Xerox $ .10 x 434 pages = 43.40 Total Charges $549.62 September 25, 2003 '05��� Alex Sherrer Code Enforcement Officer Lavake, Ellen From: Sherrer, Alex Sent: Monday, October 06, 2003 11:15 AM To: Lavake, Ellen; Brandt, Julie Subject: Code Enforcement Board Agenda Old Business: 1. Wilson & Wilson: In Compliance, old sign removed, new sign installed. 2. Hartson & Valda Hector: Shed in non-compliance with order of 17 September 2003. Recommend fine of $250.00 a day be instituted per order and that a lien be placed against the property of 387 Skate Rd for the total assessment plus costs incurred for the filing of the lien. The lien amounts are to be made payable with an interest rate of ten (10) percent per annum from the date of certification until paid. New Business: 1. Benjamin Brown Jr: Repeat offender 2. Yoochun Won: Dumpster Misc Business: Monthly Report Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, FI 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer@ci.atlantic-beach.fl.us INVOICE City of Atlantic Beach Attention: Cashier 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5800 TO: Yoochun Won 1480 Mayport Road ATLANTIC BEACH, FL 32233 CUSTOMER NO: 475/475 --------------------------------- QUANTITY DESCRIPTION ----------- ------------------------- INVOICE NO: 106 DATE: 10/16/03 TYPE: CE - Code Enforcement ------------------------------- UNIT PRICE EXTENDED PRICE -------------- ----------------- 1.00 Code Enforcement Fines 292.69 292.69 TOTAL DUE: $292.69 PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE DATE: 10/16/03 DUE DATE:11/17/03 NAME: Won, Yoochun CUSTOMER NO: 475/475 TYPE: CE - Code Enforcement REMIT AND MAKE CHECK PAYABLE TO: City of Atlantic Beach Attention: Cashier 800 Seminole Road Atlantic Beach FL 32233 INVOICE NO: 106 TERMS: NET 30 DAYS AMOUNT: $292.69 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA Petitioner, vs. YOOCHUN WON Respondent ORDER IMPOSING FINE CASE NO.: 1270-02 THIS CAUSE came for public hearing before the Code Enforcement Board on October 15, 2003, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT 1. That Yoochun Won is the owner of record of the property located at 1480 Mayport Road, Atlantic Beach, Florida, RE# 170794-0000-2. 2. That notice was served on October 3, 2003 and that he was not present at the hearing. 3. That notification of the violation of Chapter 24, Sec 24-160 (b) FAILURE TO MAINTAIN A PROPER DUMPSTER ENCLOSURE, was made and served on the Property Owner as evidenced in this hearing. CONCLUSIONS OF LAW That Yoochun Won is guilty of violating Chapter 24, Sec 24-160 (b) FAILURE TO MAINTAIN A PROPER DUMPSTER ENCLOSURE and has failed to correct such violation as of this hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered: THAT the Respondent be found guilty for non-compliance, but since the violation was corrected on October 15, 2003 prior to this hearing that no fines be assessed. THAT per Florida Statute 162.07 (2) the Respondent be assessed the full adnunistrative costs of $292.69 for conducting this hearing, be given 1 month to make payment and that failing to make said payment, a lien be placed against the property of 1480 Mayport Road for the total assessment plus all costs incurred in the filing of the lien. All lien amounts are to be made payable with interest at a rate of ten (10) percent per annum from the date of certification until paid. Failure to comply with this Order within the specified time will result in the recordation of this Order, which constitutes a lien upon any real or personal property owned by the violators. If such lien is filed, you will be assessed all costs incurred in recording and satisfying this lien. The Code Enforcement Board is authorized to collect, or settle said lien using any legal or equitable remedies available, after three (3) months from the filing of any lien, which remains unpaid. This Order becomes self-executing upon an Affidavit of Non -Compliance being filed with the City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 15`" day of October, 2003. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD / p By: 1�-l:�l(t/C[ L� -n^ A�, Richard Mann, Vice -Chairman Attest: " Ellen LaVake, Secretary ATTENTION: It is your responsibility to notify Alex Sherrer, Code Enforcement Officer, at 247-5855 and satisfactorily demonstrate that the violation has been corrected. INVOICE City of Atlantic Beach Attention: Cashier 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5800 TO: Benjamin Brown P.O. Box 51513 JAX BEACH, FL 32250 INVOICE NO: 105 DATE: 10/16/03 CUSTOMER NO: 115/558 TYPE: CE - Code Enforcement ------------------------ ---QUANTITY DESCRIPTION --------- UNIT PRICE EXTENDED PRICE -------------- ----------------- 1.00 Code Enforcement Fines 8,049.62 8,049.62 Fines $7,500.00 Adminstrative fees 549.62 Total $8,049.62 TOTAL DUE: PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE DATE: 10/16/03 DUE DATE:11/17/03 CUSTOMER NO: 115/558 REMIT AND MAKE CHECK PAYABLE TO: City of Atlantic Beach Attention: Cashier 800 Seminole Road Atlantic Beach FL 32233 NAME: Brown, Benjamin TYPE: CE - Code Enforcement $8,049.62 INVOICE NO: 105 TERMS: NET 30 DAYS AMOUNT: $8,049.62 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA Petitioner, VS. BENJAMIN BROWN, JR., Respondent ORDER IMPOSING FINE CASE NO.: 537-03 THIS CAUSE came for public hearing before the Code Enforcement Board on October 15, 2003, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT 1. That Benjamin Brown Jr. is the owner of record of the property located at 457 Sailfish Drive, Atlantic Beach, Florida, RE# 171374-0000. 2. That notice was served on October 3, 2003 and that he was present at the hearing. 3. That previous notifications of the violation of Chapter 12, Sec 12-1 (b)(7) OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS; Chapter 12, Sec 12-1 (b) (3) ALLOWING EXCESSIVE GROWTH OF WEEDS; Chapter 24, Sec 24-104 CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT, were. made and served on the Property Owner as evidenced in this hearing. CONCLUSIONS OF LAW That Benjamin Brown, Jr. is guilty of violating Chapter 12, Sec 12-1 (b)(7) OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS; Chapter 12, Sec 12-1 (b) (3) ALLOWING EXCESSIVE GROWTH OF WEEDS; Chapter 24, Sec 24-104 CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT and has failed to correct such violation as of this hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered: THAT the Respondent be found guilty for non-compliance, and as a repeat violator be fined the full $7,500.00 originally set aside during the hearing of May 1, 2001. THAT the Respondent be granted until October 31, 2003 to bring his property into full compliance and that a fine of $500.00 a day be imposed for every day after that, and that any future violations will result in a $500.00 a day fine per violation starting with the first day of notification. THAT the Respondent is unlicensed and cannot be licensed to conduct a salvage business in a residential district and be forbidden from bringing any scrap metal, junk cars or any other salvage materials onto the property at 457 Sailfish Drive. THAT the Respondent be assessed full administrative costs of $549.62 for conducting this hearing, per Florida Statute 162.07 (2) and be given 1 month to pay all fines and fees assessed and failing to make payment a lien be placed against the property of 457 Sailfish Drive. All lien amounts are to be made payable with interest at a rate of ten (10) percent per annum from the date of certification until paid. Total of fines and administrative costs to be paid are $8,049.62. Failure to comply with this Order within the specified time will result in the recordation of this Order, which constitutes a lien upon any real or personal property owned by the violators. If such lien is filed, you will be assessed all costs incurred in recording and satisfying this lien. The Code Enforcement Board is authorized to collect, or settle said lien using any legal or equitable remedies available, after three (3) months from the filing of any lien, which remains unpaid. This Order becomes self-executing upon an Affidavit of Non -Compliance being filed with the City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 156 day of October, 2003. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD By: &0Aa,1J Richard Mann, Vice -Chairman Attest: E len LaVake, Secretary ATTENTION: It is your responsibility to notify Alex Sherrer, Code Enforcement Officer, at 247-5855 and satisfactorily demonstrate that the violation has been corrected. Is your RETURN ADDRESS completed on the reverse side? � W ■■ ■ e■■in o X(o m .�/ \ D mM?m=W=.00 ,00 3 w 0 T. .� � a m mam3c°1i1�'1v8 �»=m N O. P a� m �� 3 ! cF::3W = M 00 a j (D CD Q r, aro ° wcDf (D `� 9 m Via' (D �, CfD��C� a wm o w ado m aro 1Ie-,Q O y O N QO To= �O m m o ' 1 0 s�� (D 0 m o z a_ o n m W O F 7 _� m t� Y N0 m s NCL 0 cr N W0 ID d N N �, a m CO am m �� o v ❑ ❑ ❑ A A X D CL N }77 Qd M �� O PED M t �? `ib OS y CD m J� K..1 0231 (D ° A C ❑ ❑ 7 N O (D w N � D � (n � 33a M .�a c Nm(D Lj❑❑Q W w om TJ n `� Q(1 ° (D D i' CD AD y m 0 c Q' < o D CL m W- m ( 4 0 'D a CD C1 W w a) N U a) Q � a m O tp � oE. 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