13 July 2010 CEB mtg CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
7:00 P.M., July 13, 2010
PRESENT: Vice Chairman Ron Pendleton
Veda Bernstein
Ray Martin
Juliette Hagist
Richard Ouellette
Nicholas Dodaro
Barbara Weiss
ABSENT: Chairman Carl Russell (excused)
AND: Michael Griffin, Building Official
Eddie Lopez, Code Enforcement Officer
Susan Gorman, Secretary
Suzanne Green, Prosecuting Attorney
Alan Jensen, City Attorney
Vice Chairman Ron Pendleton called the meeting to order at 7:00 p.m., followed by the Pledge
of Allegiance to the Flag by all present.
Secretary Susan Gorman read the roll and determined that there was a quorum.
1. APPROVAL OF MINUTES: Following a brief review, the Board voted unanimously to
approve the minutes of the Code Enforcement Board meeting of June 8, 2010.
2. RECOGNITION OF VISITORS REGARDING ANY MATTERS NOT ON THE
AGENDA: Jean Knight of 570 Aquatic Drive and Relda Deruggiero of 501 Aquatic Drive,
addressed the Board and expressed their concerns regarding trash and potential health issues
associated with the Apartment complex located at 900 Plaza. Officer Lopez gave the Board
additional details and explained his ongoing efforts to resolve the problem. Vice Chairman
Pendleton thanked Ms. Knight and Ms. Deruggiero for appearing before the Board and
directed them to discuss any additional issues with the Code Enforcement Department.
3. OLD BUSINESS: Code Enforcement Officer Eddie Lopez reported that Case # 8810, 417
Sailfish Drive failed to achieve compliance as directed in the Order issued by the Code
Enforcement Board at the June CEB meeting and that property owner Bruce L. Smith is
responsible for the related fines.
July 13, 2010
Page 2
4. NEW BUSINESS: Vice Chairman Ron Pendleton administered the Oath of Witnesses.
a. Case # 43610: 712 Amberjack Lane
Code Enforcement Officer Eddie Lopez presented evidence in the case specific to
Exterior Walls and Protective Coating violations at 712 Amberjack Lane and asked the
Board to find the Respondent in violation. The Respondent Timothy Durbin was present
and addressed the Code Enforcement Board. Mr. Durbin took questions from the Board
and explained that the appearance of his residence was due to recent pressure washing and
that protective coating was applied to the exterior walls since the last inspection by
Officer Lopez. Discussion ensued. A motion was offered by Alternate Board Member
Nickolas Dodaro to find the Respondent in violation, but to issue a Notice of Compliance
if the exterior walls are found in compliance. City Attorney Alan Jensen cautioned the
Board to reconsider action at this time until compliance is verified. Nicholas Dodaro
withdrew his motion. Board Member Ray Martin motioned to defer action on Case
#43610 until the August 10` CEB meeting. Board Member Veda Bernstein seconded and
the motion carried unanimously.
b. Case # 43710: 736 Amberjack Lane
Code Enforcement Officer Eddie Lopez informed the Board that Walter W. Peters
achieved compliance specific to the Roof & Drainage violation at 736 Amberjack Lane.
Officer Lopez asked the Board to close Case # 43710. The Board agreed unanimously to
accept Officer Lopez's recommendation.
c. Case #43910: 732 Aquatic Drive
Code Enforcement Officer Eddie Lopez presented evidence in the case specific to
Exterior Walls and Roof violations at 732 Aquatic Drive and asked the Board to find
the Respondent in violation of the International Property Maintenance Code, Chapter
3, Sections 304.6 and 304.7. The property was posted and the owner Mr. August Covelli
appeared before the Board. Board Member Veda Bernstein motioned to find the
Respondent in violation and to order the Respondent to achieve compliance on or before
October 12, 2010, or be fined $100.00 per day for every day thereafter until compliance
is met. Board Member Ray Martin seconded and the motion carried unanimously.
d. Case # 43210: 2148 Fairway Villas Lane
Code Enforcement Officer Eddie Lopez presented evidence of violations specific to
Exterior Walls at 2148 Fairway Villas Lane and asked the board to find the owner David
Lopanik (David Lopanik Trustee) in violation of the International Property Maintenance
Code; Chapter 3, Sections 304.2 and 304.6. The owner received Notice and appeared
before the Board. Board Member Ray Martin motioned to find David Lopanik in
violation and to order the Respondent to achieve compliance on or before September 14,
2010 or be fined $100.00 per day for every day thereafter until compliance is met.
July 13, 2010
Page 3
Alternate Board Member Nicholas Dodaro seconded and the motion carried unanimously
e. Case #38910: 451 Camelia Street
Code Enforcement Officer Eddie Lopez presented evidence of violation specific to
Accessory Structures at 451 Camelia Street. Notice was posted on the vacant property
and the Respondent Thomas J. OConnell was not present. Officer Lopez asked the Board
to find the Respondent in violation of Chapter 3, Section 302.7 of the International
Property Maintenance Code. Nicholas Dodaro motioned to find the owner Thomas J.
OConnell in violation and to order the Respondent to achieve compliance on or before
August 1, 2010, or be fined $100. 00 per day for every day thereafter until compliance is
achieved. Ray Martin seconded and the motion passed unanimously.
f. Case # 40910: 650 Jasmine Street
Code Enforcement Officer Eddie Lopez presented evidence of violation specific to
Accessories and Structures at 650 Jasmine St. The Respondent was not present. Ray
Martin, motioned for the Board to find Catherine Karish in violation of Chapter 3,
Section 302.7 and the Respondent must achieve compliance by August 10, 2010 to avoid
fines of $100.00 per day for every day thereafter until compliance is met. Nicholas
Dodaro seconded and the motion passed unanimously.
g. Case # 49510: 770 Triton Road
Code Enforcement Officer Eddie Lopez informed the Board that the Respondent David A.
Rockwood achieved compliance specific to the Recreational Vehicle violation at 770
Triton Road. Officer Lopez asked the Board to close Case #49510. The Board
unanimously agreed to accept Officer Lopez `s recommendation.
h. Case # 51910: 1447 -5 Mayport Rd.
Code Enforcement Officer Eddie Lopez presented evidence of violations specific to
Prohibited Signs and Devices at 1447 -5 Mayport Road. The owner of the property and
the tenant received service of Notice. B & K Management was represented by owner
Kelly Erhayel, her tenant Bar -B -Q Plus More Inc. was not represented Officer Lopez
asked the Board to find both the owner and tenant in violation of Atlantic Beach City
Code, Chapter 17, Section 17 -42 (11): Prohibited Signs and Banners at 1447 -5 Mayport
Road. The owner of B & K Management addressed the Board and explained her efforts to
encourage her tenant to meet compliance. Discussion ensued and Board Members agreed
the issue must be resolved. City Attorney Alan Jensen advised that property owners are
responsible for Code Enforcement compliance regardless if their tenants choose to ignore
City Code. Board Member Ray Martin motioned to find B & K Property Management and
tenant, Bar -B -Q Plus More Inc. in violation. Future violations, upon twenty -four hours of
receipt of this Order will result in immediate fines of $250.00 per day for every day
thereafter until compliance is achieved. Alternate Board Member Nicholas Dodaro
seconded and the motion passed unanimously.
July 13, 2010
Page 4
i. Case # 43410: 578 Royal Palms Drive
Code Enforcement Officer Eddie Lopez presented evidence of violations specific to
Protective Treatment and Exterior Walls at 578 Royal Palms Dr. The property was
posted and the Respondent appeared before the Board. Officer Lopez asked the Board to
find the owner Jean T. Jones in violation of International Property Maintenance Code,
Chapter 3, Section 304.2: Protective Treatment and Exterior Walls at 578 Royal Palms
Drive. Ms. Jones addressed the Board and explained her circumstances. Discussion
ensued. Board Member Richard Ouellette motioned to find the Respondent in violation
and compliance must be achieved on or before October 12, 2010 in order to avoid fines
of $100.00 per day for every day thereafter until compliance is met. Board Member
Veda Bernstein seconded and the motion carried unanimously.
j. Case # 36610: 660 Sailfish Drive
Code Enforcement Officer Eddie Lopez presented evidence of violation specific to
Accumulation of Garbage at 660 Sailfish Drive. Respondent Keith Green addressed the
Board and Ms. Kara represented Toni Green. Officer Lopez asked the Board to find the
Respondents in violation of International Property Maintenance Code, Chapter 3, Section
307.1: Accumulation of Rubbish or Garbage at 660 Sailfish Drive. Alternate Board
Member Nicholas Dodaro motioned to find the Respondents in violation and compliance
must be achieved on or before August 10, 2010 in order to avoid fines of $100.00 per day
for every day thereafter until compliance is met. Board Member Ray Martin seconded
and the motion carried unanimously.
5, Miscellaneous Business:
Vice Chairman Pendleton advised the Board that Chairman Carl Russell notified the
Secretary to the Code Enforcement Board of his immediate resignation. Board Members
agreed to discuss election of officers at the next meeting. The Code Enforcement Board
will meet August 10, 2010 at 7:00 pm in the Commission Chambers..
6. Adjournment:
No further discussion, meeting was adjourned at 8:47 pm.
Ronald Pendleton, Vice Chairman
Susan Gorman, Secretary