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03-14-17 Minutes.pdfCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES 6:00P.M.-MARCH 14,2017 IN ATTENDANCE Members: Benjamin de Luna, Chair Brenna Durden, City Attorney Louis Keith, Vice Chair Deborah White, Code Enforcement Officer Don Sasser Dayna Williams, Secretaty Kirk Hansen Richard Lombardi Lindsay Norman Ellen Glasser 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 January 10,2017. Motion: Approve the minutes of the Code Enforcement Meeting of January 10, 2017. Moved by Nonnan, Seconded by Glasser 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 CASEID NAME & ADDRESS VIOLATION 16-476 REGINA ROSENSTEIN TRUST IPMC Sec. 302.4 Weeds 501 MAYPORTRD Sec. 24.160(b) Dumpster Enclosures Ms. White presented the case, reading the violations and showing photos of the property. She stated this property was brought before the Code Enforcement Board at the last meeting, January 10, 2017, and the Board issued an Order that the respondent was not in compliance and must obtain compliance on or before February 6, 2017. Staff recommends the Board find the property owner in violation and impose a $200.00 per day fine fi·om February 6, 2017 for noncompliance with the Board Order fi·om January 10, 2017 and $200.00 per day every day thereafter until full compliance is achieved. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Chair de Luna asked ifthere was anyone representing Regina Rosenstein Trust, and there was no reply. Motion: The Board adopts the staff recommendation. Moved by Sasser, Seconded by Glasser There was no further discussion. The motion was approved unanimously. CASEID NAME & ADDRESS VIOLATION 16-391 1411 HIBISCUS ST Ms. White presented the case, showing photos of the property and stated the tenant is gone 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 Lombardi, Seconded by Keith There was no further discussion. The motion was approved unanimously. 16-390 C Quest Properties, LLC Sec. 24-173(b )(1) Outside Storage ( comm) 400LEVYRD Sec. 24-154(g) Outside Display Chapter 24 Zoning District CG District Permitted Uses Ms. White presented the case, stating this property was brought before the Code Enforcement Board at the Janumy 10, 2017 meeting. She read the violations and presented photos of the property. Chair de Luna asked what was left to be done and Ms. White stated evetything. Atillio Cerqueira, property owner, explained he is in the middle of trying to work the problems out with this property and many of the properties that are in this particular CG Zoning District. He stated he has gotten together with a group of business gentlemen and they are tlying to rewrite and amend the ordinances inside this code. He explained they are ttying to establish an opportunity to utilize these properties to their best potential. He stated they have it on the docket with the City Council to be heard in about three weeks to start the procedures to amend the ordinances. He presented pictures to the Board showing what he has done with this property and what he is trying to do in the area. City Attorney Durden requested Mr. Cerqueira submit the pictures to the clerk for the record. He stated the pictures were on his laptop, but he would email them to the City of Atlantic Beach as soon as the Board returned the laptop to him tonight. They agreed that that would be acceptable. Mr. Cerqueira stated what he was asking for tonight was to delay the fines until we can resolve this with the City Council. Chair de Luna asked if Mr. Cerqueira was present at the last hearing and he said no, he was out of town. Chair de Luna explained the Board is not here to be able to change the Code, we are here to determine the facts of the case. Chair de Luna asked Ms. White to read her recommendation. Staff recommends the Board find the property owner in violation and impose a $250.00 per day fine from February 7, 2017 for noncompliance with the Board Order from January 10, 2017 and $250.00 evety day thereafter the violation continues to exist, the fine stmts on Februmy 8, 2017. The property owner IS responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Chair de Luna asked Ms. White if she had had discussions with Mr. Cerqueira and she stated yes. Chair de Luna explained the procedures of the Board to Mr. Cerqueira, since he was not at the last meeting. He stated the Board ordered compliance with the ordinances by February 7, 2017 at the prior hearing and tonight's hearing is to impose those fines. Chair de Luna asked the witness what he believed the chances were that this Minutes of the Code Enforcement Board on March 14,2017 Page 2 of 15 ordinance is going to be modified. Mr. Cerqueira stated we believe strongly that we will get the ordinances amended. Chair de Luna asked the witness if he understood what Officer White has requested for him to do to get the property in compliance. Mr. Cerqueira stated it was to have the tenant move all their outside storage off of the property. He stated the only thing he could do is evict his tenant or tell them to move their equipment and he does not know where they could move it. He stated this is why he put the fence up, to soften the blow to the community. Chair de Luna asked the witness how long he wanted the Board to delay the fines. The witness conferred with another gentleman at the meeting and Chair de Luna asked him to step to the podium if he was going to speak. Chair de Luna gave the oath to the witness and asked him to state his name and address. Mike Whalen, 1420 Mayport Road, stated he thought the first reading was going to be on the 23rd of this month, so he thought they would need the fines to be delayed for about six weeks. Mr. Cerqueira mentioned that he believed Ms. White would concur with him that he had spoken to all the City Council members and is aware of what he is doing. Ms. White stated they have not spoken to her about it, but Mr. Cerqueira told me he did. Mr. Norman stated, though it is not within their purview, his thought is that we meet again in May and would expect them to be in compliance by then. Ms. Glasser raised a point of order, stating there has been a lot of discussion about what is happening with the Commission, and she is not sure we have enough information in tenns of the status of this issue before the full Commission. Ms. Durden stated it is the prerogative of the Board to delay should they choose to, however, she wants to clarifY a point that has been made. She stated nothing has been introduced, no code revision has been introduced to the City Commission. She stated it would have to go to the Community Development Board (CDB) first and that agenda has already been set for March. She stated the soonest that it would go to the CDB would be in April and then it would be brought to the City Commission and that would take two public hearings. She stated she can confinn that nothing is on the agenda for March 27th. Discussion ensued. Ms. Glasser stated she had a question for staff regarding the fence. She stated she understands that the fence is not permitted, but does the fence provide any mitigation to these violations at all. Ms. White stated no, adding that it cannot stay there, but that is another separate case. Ms. Durden stated, for clarification, it is possible there may something for discussion purposes on the March 27th Commission meeting that she has not been apprised of, but that is not an introduction of an ordinance to change the code at this time. Motion: The Board moves to postpone this item for three months to give the business community a chance to present what we need to do for that area. Moved by Sasser, Seconded by Lombardi Discussion ensued. Chair de Luna asked if there was anyone present that wanted to speak to this matter. Chris Jorgensen, 92 W 3rd St., was given the oath by the Chair and then stated he was concerned there may be a rush to judgement and he feels there is no need for that on this case. There was discussion about how much time should be given for the postponement and providing a date certain. Chair de Luna requested the motion be changed to replace "three months" with "until June 27, 2017". Motion: The Board moves to postpone this item until June 27, 2017 to give the business community a chance to present what we need to do for that area. Moved by Sasser, Seconded by Lombardi The motion was approved unanimously. Minutes of the Code Enforcement Board on March 14, 2017 Page 3 of 15 Chair de Luna summarized and explained the Board's decision to Mr. Cerqueira to ensure he was clear on what they have done here. Chair de Luna stated he needed to expedite whatever processes he could and then come back to the Board at the July 11, 2017 meeting to give us an update and hopefully it will have been taken care of. Mr. Cerqueira stated that is what he is hoping to do. 16-432 OSSI KLOTZ LLC 1820 MAYPORT RD 1 IPMC Sec. 302.8 Motor Vehicle Sec. 24-163 (c) Junked Abandoned Veh (co) Sec. 24-173(b )(1) Outside Storage ( comm) SEC. 12-1 (b )(3) Rubbish,filth Nuisance Ms. White presented the case, stating this property was brought before the Board at the January 10, 2017 meeting. She stated she had been working with the property manager, Mr. Fox, but she received a call today from a Mr. Keasler, as Mr. Fox is not with the Ossi Klotz group anymore. She read the list of violations and presented photos of the property. She explained this is a tenant that was on the property who was dismantling cars and had a bunch of inoperable vehicles. She stated Mr. Fox got rid of all the vehicles and the only thing left is some outside storage junk. Chair de Luna asked for the staff recommendation. Ms. White stated at the last meeting the Board ordered to impose $100.00 per day fine and the deadline for compliance was February 7, 2017. She did not continue with her recommendation, as she recognized that Mr. Keasler may want to address the Board. Frank Keasler, chief business officer of American Management Group, representing Ossi Klotz LLC, stated American Management Group manages these properties for Mr. Klotz. He stated they take this very seriously and feel they have done a great job in getting it cleaned up. He stated they would ask the Board to waive the fines, knowing that they have been responsive and taken care of the situation. He stated the limited amount of trash shown in the photos has been removed today. Chair de Luna gave the oath to the defendant, noting that the oath applies to all the prior testimony, and Mr. Keasler concuned. Chair de Luna asked Ms. White for her recommendation and she stated she was at the property earlier this aftemoon and the junk was still there, but Mr. Keasler states he is in compliance. She stated if the Board wants to extend his time until tomonow, she will go and take a picture and if it is in compliance, she will bring him back and tell them he is in compliance; if not they can impose the fine. Ms. Glasser asked if a fine could be imposed for one day, in terms of putting some teeth in the actions of the Board, stating this creates a real burden for our staff to be checking it twice a day. Ms. White replied yes, and added that the respondent is supposed to call when they are in compliance. Ms. Glasser stated there is a lot of business before the Board and Ms. White checked it already today, not that she doubts what Mr. Keasler is saying. Mr. Keasler offered to email Ms. White date stamped pictures tomorrow moming, so she does not have to go back out there. He also stated they are in the process of evicting the tenant. Further discussion continued. Chair de Luna asked Ms. White if her recommendation is to impose the fine from February 8, 2017 to the present. She stated she needed to go by there to verify he is in compliance and it is at the Board's discretion if they want to impose the fine. There was discussion about making a motion to find him in compliance once Ms. White has verified this tomorrow. Ms. Glasser expressed a desire to mitigate any extra work for staff and avoid bringing the case back again at the next meeting if he is in compliance. Chair de Luna recognized a gentleman who wanted to speak and asked him to come to the podium and state his name and address. Jerry Mahoney, stated he was here for another case, but spoke on behalf of the tenant and the removal of all the old cars because he was the one who towed them away. Minutes of the Code Enforcement Board on March 14,2017 Page 4 of 15 16-437 Motion: The Board moves to find the property owner in compliance subject to inspection by Officer White on March 15, 2017, to see that the remaining few items have been removed. · Moved by Norman, Seconded by Keith There was no further discussion. The motion was approved unanimously. CASEID NAME & ADDRESS VIOLATION 16-335 VALDA HECTOR Sec. 24-157 Fences, walls etc. Fence Maintenance 387 SKATERD Sec. 24-173 Neighborhood Preservation and Property Maintenance Standards Ms. White presented the case, reading the violations and showing photos of the property. She stated this property was brought before the Board at the January 10, 2017 meeting, and the Board issued an Order that the respondent was not in compliance and must obtain compliance on or before February 6, 2017. She stated she has spoken to Ms. Hector, who was unable to attend the meeting, but is going to come and talk with her on Friday. Staff recommends the Board find the property owner in violation of the Board Order deadline for compliance and impose a $100.00 per day fine for the first day and $100.00 every day thereafter the violations continues to exist, the fine statis on February 7, 2017. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Motion: The Board adopts the staff recommendation. Moved by Glasser, Seconded by Sasser Ms. Glasser remarked to the people in the audience that this case was discussed at great length at the last meeting and the efforts required to clean this up, adding that it is very unfmiunate, but it was very clear what was expected. The motion was approved unanimously. ROCK GARDEN ENTERPRISES, Sec. 24-173 (b)( 1) Outside Storage ( comm) INC Chapter 24 Zoning District 248LEVYRD Ms. White presented the case, reading the violations and showing photos of the property. She stated these folks are also in a CG Zoning District and they are in the process of t1ying to get a permit for a semi-trailer on the property. She stated they are in compliance with the exception of the trailer. She stated they have made application for a permit for the trailer, she does not know if it will be approved or not. Daniel Rodrigues, RPC General Contractors, Rock Garden Enterprises, stated he had not been sworn in yet. Chair de Luna gave the oath to the defendant. Mr. Rodrigues stated they are in process of pulling a pennit for the trailer to be anchored to the ground, we would like to use it for storage purposes only. Chair de Luna asked Ms. White for her recommendation. She stated he is tlying to get in compliance and she has no problem giving him an extension and hearing the case at the next meeting to verifY he is in compliance. Minutes of the Code Enforcement Board on March 14, 2017 Page 5 of 15 Motion: The Board adopts the staff recommendation. Moved by Norman, Seconded by Lombardi There was no further discussion. The motion was approved unanimously. 16-341 RSNS,LLC Sec. 6-16 Florida Building Code 31 ROYAL PALMS DR FBC Sec. 105 Permits -Required SWO Florida Bldg Code Sec. 24-157 Fences No Permit Ms. White presented the case, reading the violations and showing photos of the property. She stated this is the Seafood Kitchen, Russell Stuatt's property. She stated the gate appears to have been taken down on the fence, but other than that she doesn't see that anything else has been removed. Chair de Luna asked if everything is the same except for the fence. Ms. White said that is correct and the fence is still in violation, it still projects into Mr. Handler's property. Carson Lange of Rogers Towers, representing RSNS, LLC, clarified that the storage shed has been removed and they are in compliance on that point. She stated there is an encroachment issue with the neighbor, so we cannot apply for permitting until we fix the encroachment issue. She stated the encroachment issue with the gate (fence) has been solved and we can move forward with permitting in that regard. She stated we are in compliance with the gate and the storage shed. She stated the cooler (freezer) is more of a permanent structure and at the last meeting her colleague Scott Thomas was here and everyone acknowledged they would like to move forward with permitting, but cannot until they solve the encroachment problem. She stated, at the last meeting, the Board requested we move forward with whatever we could do and come back with a detailed repmt, which we will provide now. Ms. Lange stated the neighbor obtained new counsel after the last meeting and we have not been able to work out an agreement with the neighbor for an easement. She stated we filed a Complaint for Declaratory Judgment with the Duval County Coutt. She stated, they would ask that we stay this and not impose any fines until we are either able to reach an agreement or get a judgment from the Coutt that we are entitled to an easement, enabling us to apply for a setback waiver. Chair de Luna asked Ms. White if she was in agreement that the fence is no longer encroaching and Ms. White stated no. Ms. White presented two surveys and said she believes they still have an encroachment. Derek Reeves, Interim Director of the Community Development Department overseeing Code Enforcement, came to the podium and Chair de Luna gave the oath to the witness. Ms. White asked Mr. Reeves to look at the surveys and determine how far the fence is from the building to the property line. Mr. Reeves stated the survey for RSNS, LLC shows 3.3FT from the property line to the structure and the survey for the Handler Family Pattnership shows 3 .1FT from the neighboring property to the adjoining property line. Ms. White stated clearly it is still in violation. Mr. Reeves concun·ed. Ms. White submitted the surveys (which are attached and made part of this Official Record as Attachment A.) Discussion ensued. Chair de Luna confinned with Ms. Lange that she filed an action with the Duval County Court for the walk-in cooler and she stated yes and submitted a copy of the Complaint (which is attached and made part of this Official Record as Attachment B.) He confirmed that she is requesting some additional time to delay the penalty and she stated yes. Ms. White remarked that the property owner that is being encroached upon, Mr. Handler, is also represented by counsel, should the Board have any questions. Chair de Luna asked how long it Minutes of the Code Enforcement Board on March 14,2017 Page 6 of 15 may take to go through the Duval Court, and Ms. Lange stated she had no idea, but it was to evmyone's advantage to push the case as quickly as possible. Ms. White stated, at the Janumy meeting the Board found the property owner in violation and ordered that compliance be achieved by removing all unpermitted structures and equipment and remove unpermitted wood fencing by March 13, 2017 or a fine of $250.00 be imposed for the first day and $250.00 for every day thereafter while the violation continues to exist. That the Respondent is responsible for contacting the City of ' Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance. Ms. Glasser commented, that after hearing the prior recommendation, it does not appear that anything has changed in terms of this matter except for the filing of the complaint. Ms. Lange stated the items that have changed are the removal of the storage shed, the portion of the fence that was encroaching has been removed, so we can now move forward with a permit of it. Ms. Lange stated, with respect to the cooler, they have been communicating with the counsel for the neighboring property owner on a near daily basis. She stated they are doing everything they can to reach an agreement on an easement. Chair de Luna stated, in conclusion, what remains is the freezer and possibly an encroachment on the fence. Russell Stuart, 14816 Plumosa Drive, Jacksonville Beach, stated it is not a fence, the only part that he added was the gate. He stated the wall has been there, explaining he rented the place for 27 years before he bought it, and the wall has been there the whole time. Chair de Luna confirmed that Ms. White's recommendation was to assess the penalty for noncompliance with the deadline of March 13, 2017, and she concurred. Ms. Glasser asked if it was improper to have the other party respond in order to verifY the facts are stated accurately. Cyndy Trimmer, Driver, McAfee, Peek, & Hawthorne, 1 Independent Dr., 32202, on behalf of Handler Family Partnership, stated she would keep Mr. Handler's actions separate, but confirmed what Ms. Lange represented. She stated Mr. Handler has hired their firm, we have been in discussion with the prior counsel, as well as Ms. Lange and Scott Thomas, who are representing the title company and the underlying claim. She stated we understand that there had been an action for prescriptive easement to be filed and Ms. Lange has advised us tonight that it was filed, and we do agree to accept service and we are trying to expedite it. Motion: The Board moves to delay action on this matter until the September 12, 2017 meeting. Moved by Keith, Seconded by Lombardi Ms. Glasser recounted her concems of the burden this puts on our staff to have to keep bringing these things back. She expressed hope that the attomeys here tonight, do not wait until the week before the September meeting to make this thing move along. She urged them to get this done, as it is in the best interest of all concemed. Chair de Luna instructed Ms. Lange, that when they do come back in September, he wants a detailed report of what the parties have done. The motion was approved unanimously. Chair de Luna stated this was going to apply to the Handler case as well. 16-397 HANDLER FAMILY Chapter 24 Zoning District PARTNERSHIP Sec. 24-157 Fences No Pennit 763 ATLANTIC BLVD Sec. 6-16 Florida Building Code Minutes of the Code Enforcement Board on March 14, 2017 Page 7 of 15 Ms. White presented the case, read the violations and asked the Board to keep in mind that none of this stuff was done by Mr. Handler. Chair de Luna acknowledged that Mr. Handler was a bit like the victim. Cyndy Trimmer, Driver, McAfee, Peek, & Hawthorne, 1 Independent Dr., 32202, stated they provided Ms. White a title report showing there is nothing in the chain of title that permits any of these encumbrances upon Mr. Handler's property. She stated Mr. Handler did not erect any of these encumbrances. She stated there was an action many years ago to enforce the fact that there were encroachments upon his property and there are major factual disputes in terms of what those encroachments have been over the years. She stated at no point in time has Mr. Handler agreed to these things being on his property and at this point it is causing a hardship in terms of losing the sale of the property and now this code enforcement action pending. Ms. White stated she did not receive any papetwork on the title and Ms. Trimmer said she had copies she could provide. Ms. Trimmer stated, on behalf of her client, she requests the action against him be dismissed since none of this is his doing. She added that she does understand, on behalf of the City and Code Enforcement, they may wish not to do that, in order to preserve the right to enter upon his property, if it gets to that point, to see that these things can be forced to be removed if they have to. Motion: The Board moves to delay action on this matter until the September 12, 2017 meeting. Moved by de Luna, Seconded by Keith There was no further discussion. The motion was approved unanimously. Chair de Luna instructed Ms. Trimmer, when they do come back in September, he wants a detailed report of what the parties have done. 4. New Business CASEID NAME & ADDRESS VIOLATION 16-356 RAYMOND M CORBIN JR ET AL 980 MAYPORT RD Sec. 17-41(C) Abandoned Signs (wall/gd) Ms. White presented the case, read the violation and showed photos of the property. She stated Mr. Corbin has a ground sign in front of his property that he leases to a nursery, and the sign faces have been blown out for quite some time. She stated the sign is nonconforming. She spoke with him today and he has agreed to take the sign down and he is going to leave the pole to eight feet so he can make a monument sign. Ray Corbin, 4298 Tradewinds, property owner, stated he has not been able to pay attention to the property due to treatments he is undergoing. He stated he spoke with Ms. White today and they discussed dropping it down to the eight foot level to meet the code. He requested 60 to 90 days to get the sign removed properly and then he will come back to get the permit to get the monument sign. Staff recommends the Board allow the property owner 60 days until the May 9, 2017 meeting to remove the sign. Motion: The Board adopts the staff recommendation. Moved by Norman, Seconded by de Luna There was no further discussion. The motion was approved unanimously. Minutes of the Code Enforcement Board on March 14, 2017 Page 8 of 15 17-558 COX CONST OF NE, FL Sec. 24-111 (c)(6) CG CONTRACTOR OUSIDE 76LEVYRD STOR Chapter 20 Business Tax Receipt Sec. 17.61. Sign Permits Req Sign Permit & Business Tax Req'd Chapter 24 Zoning District Ms. White presented the case, reading the violations and showing photos of the property. She stated Mr. Cox has been in to apply for his business tax receipt and is in process of applying for his sign permit. She stated he is in the CG Zoning District and cannot have any outside storage. Staff recommends the Board find the property owner in violation and orders that full compliance be achieved by May 9, 2017 or a fine of $100.00 be imposed for the first day and $1 00.00 for every day thereafter until the property owner is in compliance. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Motion: The Board adopts the staff recommendation. Moved by Keith, Seconded by Lombardi There was no further discussion. The motion was approved unanimously. 16-493 SARAHHBOHR Chapter 24 Zoning District 2337 SEMINOLE RD UNIT #A Chapter 24 Short Term Rentals Chapter 20 Business Tax Receipt Ms. White stated she wanted to remove this case from the Agenda and she will bring it back at a later date. Chair de Luna inquired why she was removing the case. Ms. White stated Ms. Bohr requested a continuance, she is an attomey and she had a case in federal court. 16-515 MARlON MAHONEY FBC Sec. 105 Permits -Required SWO Florida 153 LEVYRD Bldg Code Ms. White presented the case, reading the violations and showing photos of the property. She stated Mr. Mahoney has this big building that he did not get a permit for. Jerry Mahoney, stated his mother is the owner of the property, explaining that he did not consider it a building, it is an awning attached to two conex boxes. He stated they were given three choices by Ms. White; it needs to come down, pull a petmit, or tty to sell it. He stated he was unable to sell it and he has hired an Minutes of the Code Enforcement Board on March 14, 2017 Page 9 of 15 engineer, once he found out what was involved to get a permit for an awning. He stated he has an engineer working on it and he has the plans for it. He stated he took the plans to the building department today and they told him he needs a survey of the property before they can accept my plans. He said he is working on getting a survey and needs about 30 days to get the survey done and get the plans approved to permit it properly, or he will take it down. Staff recommends the Board find the property owner in violation and orders that compliance be achieved by obtaining a building petmit and inspection or remove the structure by April 14, 2017 or a fine of $250.00 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 and obtaining an inspection of compliance. Motion: The Board adopts the staff recommendation. Moved by Sasser, Seconded by Glasser There was no fmiher discussion. The motion was approved unanimously. 16-525 OUR PROPERTIES INC Sec. 17-4l(C) Abandoned Signs (wall/gd) 751 ATLANTIC BLVD Ms. White presented the case, read the violation and showed photos of the property. She pointed out the sign in question, stating it is a giant sign and the faces have blown out. Ms. White stated Rich Trendel is here, the property manager, and also Randy Taylor from Taylor Sign & Design. Randy Taylor, 1315151 St., Neptune Beach, of Taylor Sign & Design, stated he has been sworn in. Rich Trendel, 2233 Seminole Rd., #33, stated he has not been sworn in. Chair de Luna gave the oath to the defendant. Mr. Taylor stated he was contacted by Petra Management to install some new sign faces after Hunicane Matthew. He explained he checked with the City before doing any of the work to make sure it would not be denied due to Code changes. He stated the Zoning Planner, Derek Reeves, sent him an email on some of the code changes for storm related damage. Mr. Taylor stated it is very ambiguous. He stated on this particular sign there was no structural damage, the faces blew out, which is not any different than if a new tenant came into this building and wanted to change the name and request new faces. He stated that is where we have the gray area. He stated he has inspected the sign and it is structurally sound, so there is no need to take the sign down. Ms. White stated the Notice that she sent instmcted them to either replace the faces or remove the sign. He said he had not seen a copy of the letter. Staff recommends the Board find the property owner in violation and orders that compliance be achieved by March 31, 2017 to either replace the faces or remove the sign or a fine of $250.00 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 and obtaining an inspection of compliance. She stated she is flexible on the date as she does not know how long it will take to manufacture the faces. Chair de Luna asked Mr. Taylor if May 9, 2017 would be sufficient time and Mr. Taylor stated yes. Motion: The Board adopts the staff recommendation with the exception that the date of compliance be changed to May 9, 2017. Moved by de Luna, Seconded by Norman Minutes of the Code Enforcement Board on March 14,2017 Page 10 of 15 Ms. Glasser commented that Mr. Taylor needed clarification on what is going to meet the storm related damage requirements. Discussion ensued and they concluded that the instructions from Officer White to replace the faces was sufficient. The motion was approved unanimously. 17-546 OSSIKLOTZ IPMC Sec. 302.8 Motor Vehicle 1844 MAYPORT RD Sec. 24-173(b )(1) Outside Storage ( comm) Ms. White presented the case, reading the violations and presented photos of the property. She stated there is a fire truck parked on the property and the tenant is constantly putting furniture and discarded items on the side of the building. Frank Keasler, chief business officer of American Management Group, representing Ossi Klotz LLC, stated Mr. Klotz owns the management company and is the sole member of the LLC that owns this property. He stated that Mr. Klotz's father collected fire trucks and this is one that he wanted to keep. He stated the truck is operational and it is going to be tagged. Staff recommends the Board find the property owner in violation and orders that compliance be achieved by removing the inoperable fire truck and discarded items stored outside by March 28, 2017 or a fine of $250.00 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 and obtaining an inspection of compliance. Mr. Keasler questioned, if he gets it tagged would it still be considered inoperable, and Ms. White stated he could not leave it in the current condition, but they would talk about it. Ms. White reiterated this also includes the discarded items outside. Motion: The Board adopts the staff recommendation. Moved by Keith, Seconded by Glasser There was no further discussion. The motion was approved unanimously. 17-561 MIDLAND IRA, INC. IPMC Sec. 3 02.8 Motor Vehicle OW14THST Sec. 24-173(b )(1) Outside Storage ( comm) Ms. White presented the case, reading the violations and presented photos of the property. She stated this is a vacant lot Mr. Cerqueira owns, adjacent to 72 Levy Road. She stated a tree removal business operates there and has for years. She stated they have lots of vehicles. Atillio Cerqueira, property owner, 36 W 61h St., Atlantic Beach, stated this is the same situation as the earlier case tonight. He stated we are t1ying to amend the ordinances within that zoning area to allow outside storage. He asked if we could defer this while we work on amending the ordinances. Minutes of the Code Enforcement Board on March 14, 2017 Page 11 of 15 Chair de Luna asked for Ms. White's recommendation and she stated she did not have a problem with continuing this one like the prior case, with the condition there are no junk cars or inoperable vehicles stored on the lot. Ms. Durden stated the motion on the prior case was to postpone the item until June 27, 2017. Ms. White stated the City does not have any objection to doing the same motion on this case, with the exception of the removal ofthe inoperable junk cars. Motion: The Board moves to postpone this item until June 27, 2017 to give the business community a chance to present what we need to do for that area, with the exception of the removal of the inoperable junk cars. Moved by Norman, Seconded by Sasser Ms. Glasser inquired where this property sits in relation to the prior case located at 400 Levy Road to ensure we are talking about the same scenario. Discussion ensued. The motion was approved unanimously. 17-533 ASLLLC Sec. 24-163(b)(2) Heavy Vehicle (FYSB) 250 SEMINOLE RD Ms. White presented the case, read the violation and presented photos of the property. She stated this property has been a constant issue with boats in the front yard. Staff recommends the Board find the property owner in violation for the time in violation and that all future violations will result in an automatic $100.00 per day fine. Chair de Luna asked who owns ASL LLC and if she had been able to talk to the individual. Ms. White said she has spoken to her one time and the registered agent is Kimberly Magley. Motion: The Board adopts the staff recommendation with the exception that the fine be increased to $250.00 per day. Moved by de Luna, Seconded by Norman Mr. Keith stated he knew the party in question and wished to recuse himself from voting. Chair de Luna stated it was good to disclose the information, but he still had the obligation to vote. The motion was approved unanimously. 5. Rehearing CASEID NAME & ADDRESS VIOLATION 14-1299 THOMAS J BENNETT IPMC 301.3 Vacant Structures and Land 131 BELVEDERE ST IPMC Sec 109.2 Temp Safeguards Board and Secure IPMC SEC. 108.1.5 3 Unfit for Human Habitation Ms. White stated Mr. and Mrs. Bennett have requested a Rehearing and there are two cases on this property. She stated one is for the rehearing on the fines, which are accruing at $100.00 per day. She said attached to the Minutes of the Code Enforcement Board on March 14,2017 Page 12 of 15 agenda is a breakdown of the charges that have accrued up to today for the fines. Chair de Luna stated he sees a total of $121,390.50. She stated there is a separate case where she boarded up the building and the City paid out $693.50, which is added into that total. She stated the actual fine on the property for the $100.00 per day case is $120,697.00. She stated Case 14-1299 is the case we had for boarding the propetiy and the City is out $693.50. She stated this is an extremely old case and Mr. Bennett has been working with the bank for some time. She stated the building is still there and Mr. Bennett has stressed that he would like to tear the building down. She presented photos of the property that had been boarded up, and stated she would present both cases together and Ms. Durden agreed. 13-00000554 THOMAS J BENNETT JR IPMC Sec. 304.2 Protective Treatment 131 BELVEDERE ST IPMC Sec. 304.4 Structural Members IPMC Sec. 304.6 Exterior Walls IPMC Sec. 304.7 Roofs and Drainage IPMC Sec.301.3 Vacant Structures & Land Ms. White presented the second case on the property, Case 13-554, reading the violations and presented photos of the property. She stated it is Mr. Bennett's intent to demolish the building and has applied for a permit, but it has not been issued. She stated we are here tonight to address the Board to see if the Board would make a motion to reduce the fines with some conditions. The bank that has the mortgage on the property will not release it to let Mr. Bennett demolish it unless they have something from the Code Board that they would consider reducing the fines on the property. She said we have a recommendation on that. Alan Winter, attorney representing the Bennetts. He stated he is going to add certain facts to the record, so he has no problem being placed under oath. Chair de Luna gave the oath to the witness. He stated he has represented the Bennetts for some period of time. He stated if we take a look at Ms. White's fine schedule, they stmi in March 2014. He stated Mr. Bennett realized he was in trouble, he was holding some properties that he could not afford. He stated an individual, Mr. Jordan Hamilton, reached out to Mr. Bennett and convinced Mr. Bennett if he simply signed a Quit Claim Deed, Mr. Bennett could give him the property and Mr. Hamilton would take care of it for him and hand him over all the equity and everything would be wonderful. The Quit Claim Deed was signed by Mr. Bennett and dated July 21, 2014. He stated, fotiunately, Mrs. Bennett did not sign the Deed. He stated that is important because they are married and Mr. Bennett could not give what he held by Tenants in the Entirety. He stated that Mr. Hamilton stated he represented a company called Sovereign Investment Group, LLC. He said if you look in July 2014 on Sun biz, there was no such entity. He stated he would like to submit the Quit Claim Deed (which is attached and made pmi of this Official Record as Attachment C.) Mr. Winter continued to give testimony as to why this was a fi·aud and the work he has been doing with the bank, Federal National Mortgage Association. Mr. Winter stated here is what we are left with now. He has been working with Zach Brewer at the bank and we have gotten to the point where the owners of the property are the Bennetts, subject to the mortgage of the bank and the bank wants it money. He stated the Bennetts have proposed to flatten this structure, to turn it into a piece of diti, and we actually have interest from an investor who wants the dirt, depending on the cost. The Bennetts are willing to fund the destruction themselves and have applied for a permit. Mr. Winter stated there were two things he hoped to do here tonight. First, open up the avenue so the permit can be granted. One of the concerns we had was the position of the bank. He stated he received an email from Zach Brewer on Februmy 15, 2017 stating his position on behalf of the bank, and he would like to submit the email (which is attached and made part of this Official Record as Attachment D.) Mr. Winter stated the bank will agree to allow for demolition of the structure on the property, so long as the City agrees to reduce the liens and fines. He stated that is what he is asking for tonight, a reduction of the fines in this case. Mr. Winter addressed the amount that is currently owed on the house and stated he looked at the propetiy appraiser's website to see the projected 2017 value of the house and he would like to submit the property details printout (which is attached and made part of this Official Record as Attachment E.) Minutes of the Code Enforcement Board on March 14,2017 Page 13 of 15 He stated, the Bennetts have given me the authority to tell the Board they are not interested in making one dollar off this piece of property. He is asking the Board to reduce the fine or waive the fine outright. Ms. White reiterated there are two separate cases here. Case 13-554 is for the $100.00 per day fine and Case 14-1299 is for the boarding of the house and we do need to recoup the $693.50 the City spent to secure the house. Staff recommends (Case 13-554) the Board reduce the accrued fine of $120,697.00 to $50,000.00 with the condition that the structure be demolished and removed from the premises and the fine be paid in full on or before (date to be decided by the Board) and if reduced fine of $50,000.00 is not paid in full on or before the (date to be decided by the Board) deadline the original fine of $120,697.00 will be reinstated and continue to accrue at $100.00 per day until full compliance is achieved. Ms. White stated she did not specify a date, as that is the Board's discretion. Chair de Luna stated the bank is the entity that causes all these problems. They did not foreclose on the property, they just let it hang there and now they want to come to the Board and get full payment. Mr. Winter agreed, stating he did not know how to force a bank to drag these cases through the foreclosure courts. Chair de Luna stated the banks should not get paid what they want and the only thing the Board can do is not reduce the fine. Ms. White interjected, stating as long as they tear the house down, let the bank get their money, let the City recover our expenses and move on. Lengthy discussion continued over letting the banks continue to cause these issues and still get their money. Chair de Luna asked Ms. White how she came up with the $50,000.00 amount. She stated she had discussions with the city attorney and we want to at least recover our attorney fees and administrative costs. Ms. Durden stated she was called into the case in September 2016. This solution does a couple of things. One, it will result in the building being demolished, which is the number one goal of the City of Atlantic Beach. Second, it addresses the costs the City has incurred. She said how much the bank gets for the property is outside the scope of the City's concern. She understands the frustration of lenders not taking care of properties, but she encourages the Board to consider carefully and go with the recommendation of Ms. White in this case. Discussion continued regarding the frustrations of the Board in these cases. Ms. Glasser addressed Chair de Luna, asking if it was time to make a motion and he concurred. Ms. White stated they needed to decide the dates. Mr. Norman asked Mr. Winter what kind of time frame he was looking for and Mr. Winter said he would like sixty days. Discussion ensued and the Board decided on May 9, 2017. Motion: The Board adopts the staff recommendation with the deadline of May 9, 2017. Moved by Glasser, Seconded Nonnan Mr. Lombardi stated he would call the bank's bluff and lower the fine by one dollar and see what happens. Ms. Glasser responded that she was not optimistic at all that we can do anything with the bank. She believes this is the best solution for all of us. Mr. Keith stated we have been on this a long time, this is the real estate business and he feels this is the best solution for all. Further discussion ensued on the same topic. Votes: Aye: -4-Hansen, Keith, Norman, Glasser Nay:-3-Sasser, de Luna, Lombardi Motion Carried Ms. White presented the details for Case 14-1299, where the City spent $693.50 to board and secure the house. Staff recommends the Board order the respondent to pay $693.50 fine in full for the boarding and securing of the property. She stated we will also put the deadline date of May 9, 2017 for this case. Minutes of the Code Enforcement Board on March 14, 2017 Page 14 of 15 Motion: The Board adopts the staff recommendation, Moved by Norman, Seconded by Glasser There was no further discussion. The motion was approved unanimously. 6. Miscellaneous Business A. Discussion on ways to improve the process of recruitment, training, mentoring, evaluation, and retention of Board members . Attached for review and discussion: (1) BMRC Agenda 1-19-17. (2) BMRC Agenda 1-19-17. (3) BMRC Synopsis 3-1-17. Chair de Luna asked if anyone wanted to speak. Chris Jorgensen, 92 W 3rd St., commented on how unique this meeting had been and he thanked the Board members for their work. Chair de Luna stated there is one item left and he stated, attached to our agenda packet, there is an agenda, minutes, and a synopsis of the Board Member Review Committee (BMRC). He asked the Board members to look over the material and we will discuss our ideas at the end of our next meeting. Mayor Reeves, expressed his thanks to all the Board members for taking their time to serve on the Board. He commented on the BMRC mentioned by Chair de Luna, stating we need to recognize our Boards better, to help them know what their roles are, training and so fmth . He said it would take some time and he was vety excited about it and thanked all the members again. Adjournment Chair de Luna adjourned the meeting at 9:38p.m. Minutes of the Code Enforcement Board on March 14, 2017 Page 15 of 15