5-9-17 Minutes.pdfIN ATTENDANCE
Members:
Benjamin de Luna, Chair
Louis Keith, Vice Chair
Don Sasser
Kirk Hansen
Lindsay Norman
Ellen Glasser
ABSENT
Richard Lombardi (Excused)
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. — MAY 9, 2017
Brenna Durden, City Attorney
Deborah White, Code Enforcement Officer
Dayna Williams, Secretary
Chair Ben de Luna called the meeting to order at 6:02 p.m., followed by the Pledge of Allegiance to the Flag.
Secretary Dayna Williams read the roll, finding a quorum was present.
1. Approval of Minutes of the Regular Meeting of March 14, 2017.
Motion: Approve the minutes of the Code Enforcement Meeting of March 14, 2017.
Moved by Glasser, Seconded by Sasser
The motion was approved unanimously.
2. Administration of Oath to Defendants/Witnesses
Chair de Luna gave the oath to the defendants and witnesses.
3. Old Business
CASE ID NAME & ADDRESS
VIOLATION
13-00000554 THOMAS J BENNETT JR
131 BELVEDERE ST
Code Enforcement Officer Debbie White presented the case, stating Mr. Bennett was previously before the
Board and was ordered to pay his fine of $693.50 for the boarding and securing of the structure, and to
demolish the structure before May 9, 2017, and he has done both.
Staff recommends the Board find the property owner in compliance on this particular case.
Motion: The Board adopts the staff recommendation.
Moved by Glasser, Seconded by Norman
There was no further discussion.
The motion was approved unanimously.
CASE ID NAME & ADDRESS VIOLATION
14-1299 THOMAS BENNETT
131 BELVEDERE ST
Ms. White presented the case, stating at the previous meeting the Board ordered to reduce Mr. Bennett's fine to
$50,000.00, and to demolish the structure prior to May 9, 2017, and he has done both.
Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation.
Moved by Sasser, Seconded by Keith
There was no further discussion.
The motion was approved unanimously.
City Attorney Brenna Durden informed the Board that upon payment of the fines and the demolition of the
building the City did execute and record the release of both liens.
CASE ID NAME & ADDRESS VIOLATION
16-515 MARION MAHONEY
153 LEVY RD
Ms. White presented the case, stating the property owner constructed a structure without a permit and it has
now been removed.
Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation.
Moved by Glasser, Seconded by Hansen
There was no further discussion.
The motion was approved unanimously.
CASE ID NAME & ADDRESS VIOLATION
17-546 OSSI KLOTZ
1844 MAYPORT RD
Ms. White presented the case, stating the property owner has cleaned up the property and complied with the
Board Order.
Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation.
Moved by Glasser, Seconded by Hansen
There was no further discussion.
The motion was approved unanimously.
Minutes of the Code Enforcement Board on May 9, 2017 Page 2 of 13
CASE ID NAME & ADDRESS
VIOLATION
16-437 ROCK GARDEN ENTERPRISES, Sec. 24-173(b)(1) Outside Storage (comm)
INC Chapter 24 Zoning District
248 LEVY RD
Ms. White presented the case, stating they were in violation of having a storage trailer and were supposed to get
a permit for it. She stated they decided to remove the trailer instead and are now in compliance.
Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation.
Moved by Hansen, Seconded by Keith
There was no further discussion.
The motion was approved unanimously.
CASE ID NAME & ADDRESS VIOLATION
16-356 RAYMOND M CORBIN JR ET Sec. 17-41(C) Abandoned Signs (wall/gd)
AL Recommendation CEB REC
980 MAYPORT RD
Ms. White presented the case, stating they were in violation of the sign ordinance. She showed photos of the
property, stating the sign is now gone.
Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation.
Moved by Norman, Seconded by Hansen
There was no further discussion.
The motion was approved unanimously.
CASE ID NAME & ADDRESS VIOLATION
16-525 OUR PROPERTIES INC Sec. 17-41(C) Abandoned Signs (wall/gd)
751 ATLANTIC BLVD
Ms. White presented the case, stating they were in violation of the sign code and it has been corrected and they
are now in compliance.
Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation.
Moved by Norman, Seconded by Hansen
There was no further discussion.
The motion was approved unanimously.
Minutes of the Code Enforcement Board on May 9, 2017 Page 3 of 13
CASE ID NAME & ADDRESS VIOLATION
17-558 COX CONSTRUCTION Sec. 24-111 (c)(6) CG CONTRACTOR OUSIDE
76 LEVY RD STOR
Chapter 20 Business Tax Receipt
Sec. 17.61. Sign Permits Req Sign Permit &
Business Tax Req'd
Chapter 24 Zoning District
Ms. White stated she is withdrawing the case, as there was no service.
4. New Business
CASE ID NAME & ADDRESS VIOLATION
16-493 SARAH H BOHR Chapter 24 Zoning District
2337 SEMINOLE RD UNIT #A Chapter 24 Short Term Rentals
Chapter 20 Business Tax Receipt
Sarah Bohr, property owner, requested the Board delay the presentation of her case as two of her witnesses
have not yet arrived. Chair de Luna agreed and asked Ms. Bohr to let the Board know when the witnesses have
arrived.
CASE ID NAME & ADDRESS VIOLATION
17-549 JAX PETRO LLC Chapter 24 Zoning District
1480 MAYPORT RD
Ms. White presented the case, reading the violations and showing photos of the property. She stated this is a
service station that has been abandoned. She showed a photo taken on October 11, 2016, explaining the canopy
had some issues and they got a permit to secure it. However, they subsequently tore all the covering off leaving
just the framework. She stated Mr. Patel is here to represent the property owner.
Chirayu Patel, representing the property owner Jax Petro LLC, stated they are in the process of
reconstructing the canopy and remodeling the service station. He explained they finally have the insurance
settlements that they applied for after Hurricane Matthew. He stated they need at least 120 days to reconstruct
the canopy and remodel the service station.
Staff recommends the property owner be found in violation and orders the metal framing be removed or
repaired including a weatherproof covering on or before July 1, 2017. Failure to comply will result in a
$250.00 per day fine being imposed. The property owner is responsible for notifying Code Enforcement to
request an inspection to verify compliance. She stated the property owner will also need to have a permit.
Ms. Glasser asked Ms. White if they will be required to get a permit when they start the work, and Ms. White
explained they need the permit before they begin the work. Mr. Sasser asked Mr. Patel if the 120 days he
requested included the permitting process and Mr. Patel said yes. Discussion continued.
Motion: The Board adopts the staff recommendation with the exception that the date of compliance be
changed to September 1, 2017.
Moved by Norman, Seconded by Hansen
There was no further discussion.
The motion was approved unanimously.
Minutes of the Code Enforcement Board on May 9, 2017 Page 4 of 13
CASE ID NAME & ADDRESS VIOLATION
17-570 * WHALEN, PETER R & CARLA Sec. 24-111 (c)(6) CG CONTRACTOR OUSIDE
DE STOR
24 ARDELLA RD Sec. 24-173(b)(1) Outside Storage (comm)
Chapter 24 Zoning District
Chapter 20 Business Tax Receipt
Sec. 16-3 (b)Set out - Storage Garbage & Trash
container
Ms. White presented the case, stating Mr. Whalen did not sign for his Notice but he is present and may wish to
address the Board. She presented photos of the property, stating Mr. Whalen has a lawn service that he operates
out of 24 Ardella Road (which is in a CG District) and he has a lot of equipment that is visible from the street.
She stated the property is a rental house and she has had a discussion with him about potentially putting a fence
up for screening purposes. She stated that has not happened and he is present tonight.
Peter Whalen, owner of AlA Lawn Services, stated he has been operating out of the property for fifteen years
and has never had an issue. He stated he used to have a fence eight or nine years ago and was told it was
against Code, so he had to remove it and now he is being told to put up a fence.
Chair de Luna asked Mr. Whalen if he had an understanding of a CG District and Mr. Whalen said he has not
read up on it. Ms. White stated they talked about it and she explained if you are a contractor in that district you
are only supposed to have one vehicle and not store anything outside. She stated, since he has been there so
long and in the spirit of cooperation, she suggested he get a permit for a fence and he agreed to landscape along
Mayport Road. She said that has been the discussion and she has not heard from him or received a permit
application for a fence.
Chair de Luna asked Ms. White if a fence would correct the problem. She explained the same scenario applies
to all of these businesses. She stated they have been getting away with this for years and it has never been
okay. She stated, the City is trying to get that area cleaned up and in compliance, but we are trying to work
with them, not run them out of business, so it is a compromise. Discussion ensued.
Chair de Luna explained to Mr. Whalen that the Ordinance is on the books and they are trying to change it.
Chair de Luna asked Ms. Durden the status of the Ordinance modification. Ms. Durden stated there was a
discussion at the Commission Meeting last night about how to move forward with the proposal that has been
presented by a group of property owners in the area of Atlantic Beach known as Section H. Ms. Durden asked
for clarification that Mr. Whalen's parcel is included in Section H, and a member of the audience stated it was
included. She stated the Commission has directed the City Clerk to find a date for a joint workshop of the City
Commission and the Community Development Board members to allow the citizens group to make their
presentation, to allow public input in regards to the proposal, and for the Commission and the Community
Development Board members to have discussion and give direction to the staff. She continued her explanation
of the steps involved in the process and stated it would most likely require a time frame of about four months,
so the Board should take that into consideration.
Chair de Luna asked if the person that made the statement about this parcel being in Section H would come to
the podium and speak for the record.
Atillio Cerqueira, 36 W 6" Street, stated Mr. Whalen's property is in Section H and it is basically Zoning CG
and CL in Section H that we are proposing for these ordinance changes.
Staff recommends the property owner be found in violation and orders the property be cleaned up, cease all
storage visible from the street, remove all commercial vehicles and cease storage of commercial equipment and
vehicles on or before June 27, 2017 (or whatever date the Board chooses) or a fine of $250.00 per day fine will
Minutes of the Code Enforcement Board on May 9, 2017 Page 5 of 13
be imposed for the first day and $250.00 per day every day thereafter until full compliance is achieved. The
property owner is responsible for notifying Code Enforcement to request an inspection to verify compliance.
Ms. White stated all of this will be covered if he erects the fence, stating she cannot make him put a fence up,
but a lot of the violations will go away if he has a fence up and what he has back there cannot be seen. She said
it has to be screened from the street.
Mr. Hansen stated at our last meeting we moved any deadline dates back in order to give this ordinance a
chance to be read and put into use. He stated he was uncomfortable doing things on a piecemeal basis when we
are waiting for this ordinance proposal to be decided.
Ms. White announced there would not be a meeting in July, the next meeting would be in September.
Discussion ensued regarding postponing any of the cases in this area until September to give council a chance
to react to it. Chair de Luna stated they would have to take each case individually due to the way the agenda is
set up. Ms. Durden suggested they continue it to the next meeting because what they are continuing is the
hearing to make a decision.
Motion: The Board moves to delay action on this matter until the September 12, 2017 meeting.
Moved by Sasser, Seconded by Hansen
There was no further discussion.
The motion was approved unanimously.
CASE ID NAME & ADDRESS VIOLATION
17-577 CHRISTINE WALKER Sec. 24-163 (b)(2) Heavy Vehicle (FYSB)
2197 S FAIRWAY VILLAS LN
Ms. White stated she is withdrawing the case, as there was no service.
Chair de Luna stated Ms. Bohr has indicated all her witnesses have arrived, so they will take her case now.
CASE ID NAME & ADDRESS VIOLATION
16-493 SARAH H BOHR Chapter 24 Zoning District
2337 SEMINOLE RD UNIT #A Chapter 24 Short Term Rentals
Chapter 20 Business Tax Receipt
Ms. White presented the case, read the violations and stated Ms. Bohr has an oceanfront property that she has
offered for lease to do wedding venues. She stated it is posted on the internet and the advertisement shows that
you can rent it for 3 or 4 days as part of your wedding. She presented photos of the advertisement, stating she
printed this off the internet today and it is still being posted there. She stated she is getting numerous
complaints from the neighbors. She stated one of Ms. Bohr's neighbors provided some information to give to
the Board and it is attached to their case history report for review.
Sarah Bohr, 2337 Seminole Rd., stated the notice she received only mentioned one of the violations read by
Ms. White, the Chapter 24 Short Term Rentals. Ms. White stated that is the main violation, Short Term
Rentals. Ms. Bohr provided her testimony, stating all of her tenants stay for 90 days. She stated she has a
tenant who has lived with her for over 4 years and another tenant who has lived there since last August. She
stated the minimum rental period in Atlantic Beach is 90 days, and that is what she offers. She acknowledged
there were problems with some of her ads, stating one of the ads she cancelled and she was unaware they were
Minutes of the Code Enforcement Board on May 9, 2017 Page 6 of 13
still running it. She stated it is her position that she is not in violation of any code because anyone who has a
wedding on her property must live there for 90 days minimum.
Chair de Luna asked Ms. Bohr if she was sworn in and she stated no, she was not present at the very beginning
of the meeting. Chair de Luna administered the oath to Ms. Bohr. Mr. Sasser asked Ms. Bohr if the property
was still being advertised as a wedding reception place of business. Ms. Bohr stated it is listed on a website that
promotes weddings, but it clearly says that you must rent a unit for 90 days. Mr. Sasser stated rentals are one
thing when you are renting a property, but if you are running a business and it is not in a business area, then he
questions whether you can do that. He stated if you have somebody that wants to rent it for 90 days that is fine
within the code. She stated she does not charge for the weddings. Mr. Sasser stated he understands that, but he
believes her business is weddings. He stated he feels she is taking a residential unit and placing it out there as a
commercial venue. Discussion ensued regarding her advertisements and marketing of the property.
Chair de Luna called Ms. Bohr's first witness to the podium and administered the oath to him. Kevin Bates,
answered questions from Ms. Bohr, stating he has lived on her property since December 2012 and loved living
there.
Ms. Glasser questioned Mr. Bates and Ms. Bohr about which units they live in, trying to determine which units
are being rented or occupied and which units are being rented for the weddings. Ms. Bohr stated she lives in
part of unit A and Mr. Bates lives in unit B and she has 2 more units than the ones they occupy. Further
discussion ensued regarding the misinformation in all the ads the Board had been given to review and Ms.
Bohr's statements that she had been unaware they were incorrect, but has now corrected them.
Ms. Bohr stated she has another tenant here to speak. Julie Greer, 2337 Seminole Rd., Unit A, stated she was
already sworn in. She stated she has lived in unit A since August 2016 and plans on renewing her lease for
another year. Discussion ensued.
Ms. Bohr stated she has another witness. Angela Mathews -Gale approached the podium and Chair de Luna
administered the oath. Ms. Bohr asked the witness several questions establishing the history of their
relationship. Ms. Mathews -Gale stated her nephew's wedding was held at Ms. Bohr's residence on July 1,
2016. Ms. Glasser asked the witness what unit the wedding was in and the witness stated the wedding was held
outside and the bride and groom stayed in the middle unit, but she did not know what the unit was called.
Discussion continued.
Mr. Norman stated, though he appreciates the testimony of the tenants and witnesses, he feels compelled by Mr.
Sasser's comment regarding what was the intent. He stated, is the business providing event space or is the
business to make 90 day short term or longer rentals. He stated we have focused a lot on the events and he is
not sure whether that is even germane to us; rather it is what is the purpose of this business or the ownership of
this property.
Staff recommends the Board find the property owner in violation and orders that compliance be achieved by
ceasing all business activity specifically leasing residential property for wedding venues and cease all short term
rentals for less than 90 days including all advertising of same immediately or a fine of $250.00 will be imposed
for the first day and $250.00 for every day thereafter the violation continues to exist. The property owner is
responsible for contacting the City Code Enforcement Officer to verify compliance.
Ms. Bohr continued to dispute that she was in violation of any Atlantic Beach City Code. Discussion followed.
Motion: The Board adopts the staff recommendation.
Moved by Norman, Seconded by Hansen
Minutes of the Code Enforcement Board on May 9, 2017 Page 7 of 13
There was no further discussion.
The motion was approved unanimously.
CASE ID
17-563
NAME & ADDRESS
MIDLAND IRA, INC FBO
ATILLIO CERQUEIRA IRA
#7446020
72 LEVY RD
VIOLATION
Sec. 12-1(7) Nuisance - Junk Veh, Junk
Sec. 24-173(b)(1) Outside Storage (comm)
IPMC Sec. 302.8 Motor Vehicle
Ms. White presented the case, reading the violations and showing photos of the property. She stated this
gentleman has one of the businesses in this commercial district with too much stuff. She stated she has been
working with the property owner, Billy Lewis, and he has made great progress, but he is not quite there yet.
Ms. Glasser commented that the name on the agenda shows Midland Ira and not Billy Lewis as the property
owner and asked for clarification. Ms. White stated the ownership is wrong due to problems with the software
and confirmed that Billy Lewis is the owner of the property.
Billy Lewis, 72 Levy Road, property owner, stated he is in the process of cleaning it up and Ms. White has
been working with him regarding a fence to help hide or screen the property. Mr. Lewis stated we applied for a
fence permit months ago and it has been held up for whatever reason. He stated it is his understanding there is a
move to a zero lot line. He stated he does not have a problem putting up a fence, but explained the issues with
setbacks and fence height.
Chair de Luna asked Ms. White for her recommendation and she stated she feels he is in the same situation as
the rest of these folks, and recommends continuance until September 12, 2017. However, she instructed him to
keep cleaning up the property. Discussion ensued.
Motion: The Board adopts the staff recommendation.
Moved by Sasser, Seconded by Glasser
There was no further discussion.
The motion was approved unanimously.
CASE ID NAME & ADDRESS VIOLATION
17-637 * CERQUEIRA,ATILLION & Sec. 24-173(b)(1) Outside Storage (comm)
CATHERINE IPMC Sec. 302.3 Sidewalks and Driveways
580 MAYPORT RD Chapter 24 Zoning District
24-154 (b) 1 and 2 Outdoor Display 24-154 Parking
Area
Sec. 24-154(g) Outdoor Display Comm
Sec. 12-1(a) Nuisance -Conditions
Ms. White presented the case, reading the violations and showing photos of the property. Ms. White stated the
main address of the property is 580 Mayport Road, but the address for this tenant would be 56 W 6th Street. Ms.
White explained the tenant does scrap metal recycling and it is a mess. She stated the tenant is in a district
where outside storage is not allowed, the business is supposed to be done completely inside the building. Ms.
White stated the tenant has been operating the business for quite some time, however, right after opening the
business she was cited for outside storage and scrap lumber. Ms. White stated she has a copy of the Code
Enforcement Board Order from 1997, so the tenant was notified of the violations, but as the business grew it has
Minutes of the Code Enforcement Board on May 9, 2017 Page 8 of 13
ballooned into what you see today. Ms. White stated this particular business would not be helped by the
ordinance that Mr. Cerqueira has proposed.
Michelle Perry, owner of Beaches Recycling, gave her testimony, stating they have been in business since
1989 and have always done the same thing. She stated they have stuff outside during the day, but at night they
put it all in the building. Discussion ensued.
Chair de Luna asked Ms. Perry if she understood what Ms. White was asking her to do, and she stated she
wants us to get rid of the container and not put anything outside. Ms. White stated Ms. Perry has to conduct her
business inside, she cannot have it outside.
Atillio Cerqueira, 36 W. 6" St., property owner, stated he is here in defense of his tenant who has been doing
business there for 20 years and is providing a great service to the community. He stated it hasn't been a
problem until now and he questions who is complaining. Chair de Luna stated the City is trying to clean up and
as the Code Enforcement Board we are here to enforce the ordinances if there are violations. Chair de Luna
stated, from what he has heard this evening, the ordinance Mr. Cerqueira has proposed is not going to solve the
problem for this case and Mr. Cerqueira agreed. Discussion ensued.
Staff recommends the Board find the property owner in violation and orders the business to cease all outside
storage and outside business activity in the required parking area/right of way and retention pond and move all
business activity inside the structure by June 27, 2017 or a $250.00 per day fine will be imposed for the first day
and $250.00 each day thereafter until full compliance is achieved. The property owner is responsible for
notifying Code Enforcement to request an inspection to verify compliance.
Motion: The Board adopts the staff recommendation.
Moved by Norman, Seconded by de Luna
Ms. Glasser remarked to Ms. Perry that the Board does not have much choice but to find you in violation,
however, she urged her to try and find a solution. Ms. Glasser stated she feels there is a solution here that does
not put Ms. Perry out of business or force her to move. Discussion ensued regarding the date of compliance and
the following amended motion was made.
Amended Motion: The Board adopts the staff recommendation with the exception that the date of
compliance be chanced to September 1, 2017
Moved by Norman, Seconded by de Luna
The motion was approved unanimously.
CASE ID NAME & ADDRESS VIOLATION
17-614 REGINA ROSENSTEIN TRUST Sec. 17-41(b) Sign damaged and poorly maintained
501 MAYPORT RD Sec. 17-51(3)d. Sign Non Conf 25% Damaged
Ms. White presented the case, reading the violations and showing photos of the property.
Essa Khazal, tenant of the Hanna Park Food Mart representing Ms. Rosenstein, stated the wind damaged
the sign and they have been fighting with the insurance company. He explained they have found a sign
company to rebuild the whole sign. Ms. White advised Mr. Khazal not to do anything to the sign and spend any
money on it because the sign has to be dropped down to eight feet and it has to be a monument sign. She stated
the sign does not comply with the ordinance and has to be removed.
Staff recommends the Board find the property owner in violation and allow until June 15, 2017 to remove the
dilapidated, non -conforming ground sign. Failure to comply will result in a $250.00 per day fine for the first
Minutes of the Code Enforcement Board on May 9, 2017 Page 9 of 13
day and $250.00 every day thereafter the violation continues to exist. The property owner is responsible for
notifying Code Enforcement to request an inspection to verify compliance.
Chair de Luna asked Mr. Khazal if he understood Ms. White's recommendation and discussion ensued. Chair
de Luna reiterated the importance of submitting the plans for a permit to ensure it meets the ordinance
requirements.
Motion: The Board adopts the staff recommendation with the exception that the date of compliance be
changed to September 1, 2017
Moved by de Luna, Seconded by Sasser
There was no further discussion.
The motion was approved unanimously.
CASE ID NAME & ADDRESS VIOLATION
17-564 H & H AUTOMOTIVE REPAIR IPMC Sec. 302.8 Motor Vehicle
SHOPS Sec. 24-173(b)(1) Outside Storage (comm)
20 LEVY RD
Ms. White presented the case, reading the violations and showing photos of the property. Ms. White stated this
is the lot where Mr. Lewis stores his wood and a trailer that he is supposed to be getting rid of. She stated he
has been working hard to clean it up. She stated the property owner is present to address the Board.
Mr. Lewis approached the podium and explained how he made rails and put the wood in stacks to make it look
decent and presentable. Eric Herman, property owner and Vice President of H & H Automotive Repair
Shops, Inc., stated he hoped the proposed ordinance changes would take care of the problems.
Chair de Luna asked Ms. White for her recommendation and she stated he needs to get rid of the trailer and has
until September to address all the other issues. Chair de Luna explained to Mr. Herman that the Board was
going to continue the case until September 12, 2017.
Motion: The Board moves to continue the case until September 12, 2017.
Moved by Hansen, Seconded by Keith
There was no further discussion.
The motion was approved unanimously.
CASE ID NAME & ADDRESS
17-561 MIDLAND IRA, INC FBO
ATILLIO CERQUEIRA IRA
#7446020
70 LEVY RD
WOLATION
Sec. 24-173(b)(1) Outside Storage (comm)
Ms. White presented the case, reading the violations and showing photos of the property. Ms. White stated
Billy Lewis rents from the property owner, Atillio Cerqueira. She stated Mr. Lewis has been trying to get it
cleaned up. Ms. White stated this is another one that is under the September proposed ordinance change. Mr.
Cerqueira asked the Board to suspend any action until September 12, 2017.
Motion: The Board moves to continue the case until September 12, 2017.
Moved by Sasser, Seconded by Hansen
Minutes of the Code Enforcement Board on May 9, 2017 Page 10 of 13
There was no further discussion.
The motion was approved unanimously.
CASE ID NAME & ADDRESS VIOLATION
17-562 C QUEST PROPERTIES LLC Sec. 12-1(7) Nuisance - Junk Veh, Junk
74 LEVY RD Sec. 24-173(b)(1) Outside Storage (comm)
Ms. White presented the case, reading the violations and showing photos of the property.
Chair de Luna asked Ms. White if her recommendation was to continue the case until September 12, 2017, and
she stated yes.
Motion: The Board moves to continue the case until September 12, 2017.
Moved by Keith, Seconded by Hansen
There was no further discussion.
The motion was approved unanimously.
CASE ID NAME & ADDRESS VIOLATION
17-551 B & K PROPERTY MGMT & Chapter 20 Business Tax Receipt
DEV, INC Sec. 24-173(b)(1) Outside Storage (comm)
10 DONNER RD Chapter 24 Zoning District
Ms. White presented the case, reading the violations and showing photos of the property. She asked if there
was anyone present representing B & K properties and there was no response. She stated they have a tenant
that opened a business and has a forklift parked out front that he has been cited for, but he continues to store the
forklift outside.
Staff recommends the Board find the property owner in violation and allow until May 15, 2017 to achieve full
compliance. Failure to comply will result in a $250.00 per day fine being imposed for the first day and $250.00
fine per day for every day thereafter until compliance is achieved. The property owner is responsible for
notifying Code Enforcement to request an inspection to verify compliance.
Chair de Luna asked Ms. White if she had talked to anyone with regards to this case and she stated she has
talked to the gentleman that is renting the space a couple of times, but she has not talked to the owner. Ms.
Glasser asked if service was made to the tenant and not the owner. Ms. White stated service was made to B &
K Property and explained that she always does the property owners, she does not serve tenants unless she calls
them as a witness, which is very rare.
Motion: The Board adopts the staff recommendation.
Moved by Norman, Seconded by Glasser
There was no further discussion.
The motion was approved unanimously.
Minutes of the Code Enforcement Board on May 9, 2017 Page 11 of 13
CASE ID NAME & ADDRESS VIOLATION
17-575 * LADUE, JOSHUA Sec. 24-173(b)(1) Outside storage (resi)
1930 FRANCIS AVE
Ms. White presented the case, reading the violations and showing photos of the property. She stated he has now
cleaned it up.
Chair de Luna asked if Mr. Ladue would like to make a statement and he declined. The Board thanked him for
making the property look nice.
Staff recommends the Board find the property owner in violation for the time in violation and now in
compliance.
Ms. Glasser addressed Mr. Ladue, stating he is not quite there yet, in her view. Chair de Luna asked Mr. Ladue
to please come to the podium to speak.
Mr. Ladue approached the podium stating his name and address, Joshua Ladue, 1930 Francis Avenue. Ms.
Glasser thanked him for being here and reiterated her remark that he is not quite there yet, he could make it
really beautiful. Mr. Ladue stated he plans to keep going and finish it.
Motion: The Board adopts the staff recommendation.
Moved by Norman, Seconded by Hansen
There was no further discussion.
The motion was approved unanimously.
CASE ID NAME & ADDRESS VIOLATION
17-604 TIMOTHY F MAHONEY IPMC Sec. 302.8 Motor Vehicle
111 S SARATOGA CIR Sec. 24-173(b)(1) Outside storage (resi)
Ms. White presented the case, reading the violations and showing photos of the property. She stated he has now
cleaned it up.
Staff recommends the Board find the property owner in violation for the time in violation and now in
compliance.
Motion: The Board adopts the staff recommendation.
Moved by Hansen, Seconded by Keith
There was no further discussion.
The motion was approved unanimously.
5. Miscellaneous Business
Chair de Luna stated he gave everybody a little homework at the last meeting to talk about any comments and
suggestions they may have regarding recruiting, training, and retention of board members for any of the boards
that the City of Atlantic Beach has. He asked if anyone had any suggestions that he could take back to
Commissioner Stinson.
Mr. Norman stated he feels we cannot make the process of being a volunteer, qualifying to be a volunteer, or
remaining a volunteer too onerous or we will discourage people from participating. He stated he noted in some
Minutes of the Code Enforcement Board on May 9, 2017 Page 12 of 13
of the materials that were distributed that there would be some kind of a review process and perhaps for people
to get renewed on a board, they would have to sit through an interview. He reiterated, if we are not cautious we
will discourage people, not attract people with doing these things. He feels we need to make the process as
facile and encouraging as possible and the City needs to do better job of getting the word out of how useful this
service can be.
Ms. Glasser commented that she recognizes some of the boards talk about trying to get certain types of
expertise on their committees and if we had unlimited volunteers that would be great. She stated the fact is we
just need to get people who are interested in the community and she agrees that we should not make it an
onerous process.
Mr. Sasser suggested a good way to get the word out is through the City water bills and the enclosed newsletter.
Discussion continued.
Mayor Reeves asked to address the Board, stating he was in attendance tonight because he wanted to hear the
comments from the board members. He stated what they are looking for is to recruit more people and explained
they were trying to set the process to make the boards active and help ensure we always have a quorum for
boards. He discussed the changes they were making to show recognition to all the people who volunteer their
time to be on a board. He stated they were trying to improve the process and thanked everyone for their service.
Ms. White announced that we have a new software program, explaining the next time we meet their paperwork
will not look the same. She reminded everyone that we will not have a meeting in July. Discussion ensued.
Adjournment
Chair de Luna adjourned the meeting at 9:14 p.m.
Ben' min de Luna, Chair
f (JA�.-
DaynVL. Williams, Secretary
Minutes of the Code Enforcement Board on May 9, 2017 Page 13 of 13