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11-9-16 Minutes v CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES 6:00 P.M.—NOVEMBER 9,2016 IN ATTENDANCE Members: Benjamin de Luna, Chair Brenna Durden, City Attorney Don Sasser Deborah White,Code Enforcement Officer Kirk Hansen Dayna Williams, Secretary Richard Lombardi Lindsay Norman Ellen Glasser ABSENT Louis Keith,Vice Chair(Excused) Chair Ben de Luna called the meeting to order at 6:01 p.m. and introduced new Board member, Ellen Glasser, 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 July 12,2016. 2. Approval of Minutes of the Regular Meeting of September 13,2016 Motion: Approve the minutes of the Code Enforcement Meetings of July 12, 2016 and September 13, 2016. Moved by Norman, Seconded by Sasser The motion was approved unanimously. 3. Administration of Oath to Defendants/Witnesses Chair de Luna gave the oath to the defendants and witnesses. 4. Old Business *PROPERTY HOMESTEADED CASE ID NAME &ADDRESS VIOLATIONS 14-00000980 WAYNE DOUGLAS SCOTT IPMC Sec. 304.1 Unsafe Conditions 198 POINSETTIA ST IPMC Sec. 304.2 Protective Treatment * IPMC Sec. 304.6 Exterior Walls IPMC Sec. 304.7 Roofs and Drainage IPMC Sec. 108.1.5 2 Dangerous Structure Sec. 12-1(a)Nuisance-Conditions Ms. White presented the case, stating this property was written up and found in violation in 2014. She stated the property is still in violation and has continued to deteriorate. She read the list of violations and presented photos of the property, stating the main issues are the roof, soffit, and the stairs are not safe. She stated she posted the Notice of Hearing (NOH) on the property on October 17, 2016. Ms. White stated Mr. Scott had previously appeared before the Board and the Board issued an Order that compliance be obtained by March 28, 2014. She stated she feels the best thing to do is set that aside and move forward from tonight and find the property owner in violation and try to get some resolution to this case. Chair de Luna asked if there was a lien on the property. Ms. White stated no, explaining there was an Order, but the fine was never imposed. Ms. White stated, to be fair to the property owner, her recommendation is to start over and try to get the property in compliance. Staff recommends the Board find the property owner in violation and orders that compliance be achieved by obtaining permits and completing all the required repairs and obtain approved inspections to verify the dwelling is safe and habitable by January 2, 2017 (January 10, 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 Norman, Seconded by Hansen Mr. Lombardi stated he sees no need for leniency in this case,that the conditions have persisted for quite some time. Ms. Glasser asked Ms. White, since her recommendation was to start over, would we start over at the amount of the fine of$250.00 per day. Ms. White stated yes. She explained that if she brings him back to the Board for the January 3, 2017 (January 10, 2017) meeting, she will have the Board impose a fine and the fine will start in conjunction with whatever date the Board decides. Votes: Aye: -5-Hansen,Glasser,Norman,Sasser,de Luna Nay: - 1-Lombardi Motion Carried 5. New Business CASE ID NAME &ADDRESS VIOLATIONS 14-1335 C BASS MORTGAGE LOAN SEC.22.74 Septic to Sewer ASSET BACKED CERTIFICATES 1202 JASMINE ST Ms. White presented the case, stating the property is in violation of Sec. 22.74 Septic to Sewer. She explained that once public sewer is available, the City has an Ordinance requiring property owners to connect within one year. She stated she cited the original owner,Mr. Altee, for this violation, but the work was never done. The house has been foreclosed on and now belongs to the bank. She resent the Notice of Violation to the new mortgage company and they received their NOH on September 20,2016,but the property is still in violation. Staff recommends the Board find the property owner in violation and orders that compliance be achieved by paying the required connection fees to the City of Atlantic Beach and obtain the services of a State of Florida licensed plumbing contractor to connect to the city sewer within thirty (30) days or by December 12, 2016 or a fine of$250.00 be imposed for the first day and $250.00 for every day thereafter the violation continues to exists. 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 Norman, Seconded by Lombardi The motion was approved unanimously. Chair de Luna asked if there was anyone here for the mortgage company or Michael Altee. Ms. White indicated no. Minutes of the Code Enforcement Board on November 9, 2016 Page 2 of 8 CASE ID NAME &ADDRESS VIOLATIONS 16-289 HARBORVIEW MORTGAGE Sec. 24-163 (b)(2)Heavy Vehicle Store LOAN TRUST-DUEUTSCHE Sec. 24-173(b)(1)Outside storage BANK 710 SAILFISH DR Ms. White presented the case, stating the prior owner was Mr. Webb, but it is now owned by Harborview Mortgage Deutsche Bank. She read the violations and presented photos of the property, stating the property is now in compliance. Staff recommends the Board find the property owner in violation and now in compliance. Mr. Lombardi asked if there were any fines imposed and Ms. White stated no. Chair de Luna questioned the other cases listed on her report for this case 16-289. He stated he understands that is for history purposes, but wanted to know the total amount of the fines on those cases. Ms. White stated those cases should not be on the report, the system must have grabbed the information from somewhere and they should just ignore it. She said they do not apply to this property. She explained that our current software has some glitches and she missed this particular error. Ms. Glasser asked Ms. White to repeat her recommendation since it was not the same as in the packet. Ms. White explained, since the Board wants their Agenda Packet two weeks in advance, she would like to remind them the last two weeks when the notices go out, a lot of stuff changes. She stated that is why you will see different recommendations on the reports than what she recommends once she is at the meeting. Motion: The Board adopts the staff recommendation. Moved by Sasser, Seconded by Norman The motion was approved unanimously. 16-312 BRUCE L SMITH Sec. 12-1(7)Nuisance-Junk Vehicle,Junk 417 SAILFISH DR Sec. 24-173(b)(1)Outside storage Ms. White presented the case, stating this has been a nuisance property for years and there are a lot of liens on the property. She stated her recommendation is to find Mr. Smith in compliance. She stated Mr. and Mrs. Smith were just here, but they left after speaking with her. She explained that she told them she was going to find them in compliance and planned to have a meeting with them about coming back in January to have the Board address the fines as long as they keep the property cleaned up. Ms. White stated she has stopped the fines on the property. Chair de Luna asked Ms. White, for purposes of today, if she wants the Board to find the property owner in violation and now in compliance. Ms. White stated yes, that is correct. The City Attorney, Brenna Durden, suggested deferring action on this item until the January meeting. She explained that would allow an opportunity to see what happens over the next two months,whether Mr. Smith maintains the property over that period of time and the Board could address the fines at the same meeting. Ms. White stated she has discussed that with the property.owners. Motion: The Board moves to defer this case to the January 10,2017 Code Enforcement Board hearing to determine compliance. Moved by de Luna, Seconded by Norman The motion was approved unanimously. Minutes of the Code Enforcement Board on November 9, 2016 Page 3 of 8 16-275 JONATHAN&CHARLENE Sec. 24-163 (b)(2)Heavy Vehicle Store BRYSON 1155 EAST COAST DR Ms. White presented the case, stating Mr. Bryson had a boat in the front yard setback, which is a violation of Sec. 24-163 (b)(2),however he has moved the boat and is now in compliance. She stated he received his NOH on September 17,2016. 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 Norman, Seconded by Lombardi The motion was approved unanimously. Chair de Luna asked if Mr.or Mrs. Bryson were present and Ms. White indicated no. 16-354 RONALD A JOHNSON IPMC Sec.301.3 Vacant Structures&Land 798 TRITON RD IPMC Sec.302.4 Weeds * Ms. White presented the case, stating this property is vacant and very overgrown. She read the violations and presented photos of the property. She stated the Notice of Violation (NOV) was returned and she posted the property. She also posted the NOH on September 28, 2016. She stated she has been unable to locate Mr. Johnson,but he was properly served as she posted the property. Staff recommends the Board find the property owner in violation and orders that compliance be achieved by mowing the yard and maintaining the vacant property by November 19, 2016 or a fine of$100.00 be imposed for the first day and $100.00 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. Sasser asked if the property had water or electricity and Ms. White stated no. He suggested this is one we should bring to the attention of the tax collector and advise them this is a homesteaded property that is unoccupied and the power is not on. He believes that may help start something to happen. Motion: The Board adopts the staff recommendation. Moved by Norman, Seconded by Sasser Discussion ensued regarding foreclosing on the property. Mr. Sasser stated it was his understanding that the City could not foreclose on a property that is homesteaded. Ms. Durden stated that is a valid point. Mr. Sasser stated that is another reason to go back to the tax collector and report suspected homestead exemption fraud. Ms. Durden stated she made a note to go to the property appraiser on this issue. There was a discussion concerning a budget to allow for such issues, such as mowing the lawn. Ms. White stated if it was not resolved by the next meeting she would ask the City Manager to authorize the funds to mow the grass and clean up the property. The motion was approved unanimously. Minutes of the Code Enforcement Board on November 9, 2016 Page 4 of 8 16-345 EVGENY CHERNAYAK IPMC. 12-1 (b)(3)Rubbish,filth Nuisance TRUSTEE Sec. 24-173(b)(1)Outside storage 1350 TULIP ST IPMC Sec.301.3 Vacant Structures&Land Ms. White presented the case, stating there were several violations on this case, but most have been resolved. She stated the two remaining violations are the nuisance Sec. 12-1 (b)(3) Rubbish and filth, and Sec. 24-173 (b)(1)Outside storage. She stated as soon as she sent Mr. Chernayak the letter citing him for all the violations he took care of them, with the exception of these two violations. She said Mr. Chernayak is here to address the Board. Evgeny Chernayak, explained this is an investment property and the tenants did not keep up the property and he had to evict them. He stated he is planning to clean up the rest of the property within the next two weeks. Staff recommends the Board find the property owner in violation and orders that compliance be achieved by removing all discarded lumber, trash, debris, and building materials from the yard by November 21, 2016 or a fine of$100.00 be imposed for the first day and $100.00 for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Chair de Luna asked Mr. Chernayak if he understood the recommendation and Mr. Chernayak affirmed that he will be able to complete the work by November 21,2016. Motion: The Board adopts the staff recommendation. Moved by Sasser, Seconded by Lombardi The motion was approved unanimously. 16-283 KENNETH ALLEN IPMC SEC. 302.8 Motor Vehicles WEATHERBY IPMC SEC. 302.4 Weeds 351 19TH ST SEC. 12-1 Nuisances(b) Ms. White presented the case, stating Mr. Weatherby called her this afternoon to let her know he had a conflict and could not make tonight's hearing. She read the violations and presented photos of the property, noting the position of the left front tire of the vehicle, which remained constant throughout the photos. She stated there is a lot of debris in the yard and it is in really bad shape. She spoke to Mr. Weatherby today about the vehicle and he knows it has to be moved, it has not been moved since July. Mr.Weatherby stated it had a dead battery. She stated he knows he has to move the vehicle and finish cleaning up the yard. She stated he told her he would take care of it and call her when it was done, and she let him know she would relay this to the Board. Staff recommends the Board find the property owner in violation and orders that compliance be achieved by removing the inoperable vehicle from the premises and mowing and cleaning the yard by November 21, 2016, or making the vehicle operable and moving it or a fine of$200.00 be imposed for the first day and $200.00 for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Sharette Simpkins, 354 19' Street, stated she lives across from this property and it has been an eyesore for twenty-five years. She stated she has put in complaint after complaint and nothing has been done. She stated the car has been sitting there forever, more than two or three years, because he bought a new one. She stated she knows someone is there, she sees him come in and out sometimes. She stated he has a screen door on his front door that stays open continuously. She stated people will ask her if anyone lives there, and she tells them yes, but they are not taking care of their property. She said her property is too valuable for someone to be living across the street from her like this and she hopes this will be resolved or that he will be fined. Minutes of the Code Enforcement Board on November 9, 2016 Page 5 of 8 Motion: The Board adopts the staff recommendation. Moved by Norman, Seconded by Glasser Mr. Sasser asked if the vehicle has a current tag and Ms. White stated it initially had an expired tag but it is now current. Mr. Sasser stated we could have it towed if it was not current and Ms. White stated the City does not have a tow ordinance to tow cars. The motion was approved unanimously. 16-372 KEVIN LUNNEY Sec. 24-163 (b)(2)Heavy Vehicle 322 EAST COAST DR Sec. 24-163 (b)(2)Heavy Vehicle Store Ms. White presented the case, stating this property is actually a duplex owned by Kevin Lunney of Brooklyn, New York. She read the violations and presented photos of the property, stating he initially had two boats in the front yard setback,but one was removed after she cited him. She stated she has not had contact with anyone regarding this violation. She stated he received and signed for the NOH on September 24,2016. Staff recommends the Board find the property owner in violation and orders that compliance be achieved by removing the boat stored in the front yard and cease future storage of boats in the front yard by November 21, 2016 or a fine of $100.00 be imposed for the first day and $100.00 for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Ms. Glasser asked how long residents are allowed to keep a boat parked in the driveway. Ms. White explained they must be fifteen feet back from your property line and perpendicular to the property, so the front yard is clear. Motion: The Board adopts the staff recommendation. Moved by Lombardi, Seconded by Hansen Mr. Sasser asked if the property owner accepted notification in New York, and Ms. White said yes. The motion was approved unanimously. 16-387 FEDERAL NATIONAL Sec. 24-163 (b)(2)Heavy Vehicle Store MORTGAGE ASSO IPMC Sec. 304.3 Premises Identification 1365 VIOLET ST Ms. White presented the case, noting there are several violations listed on the report that have nothing to do with this case, they are merging incorrectly. She stated this has been a nuisance property in violation of Sec. 24-163 (b)(2) Heavy Vehicle Storage and IMPC Sec. 304.3 Premises Identification. She stated the property was in violations,but they have cleaned it up and it is now compliant. She stated this was a foreclosure and the bank has title to it now. She stated they received and signed for the NOH on October 11,2016. 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 Sasser, Seconded by Glasser The motion was approved unanimously. Minutes of the Code Enforcement Board on November 9, 2016 Page 6 of 8 16-421 FRED CAZARES Sec. 24-173(b)(1)Outside storage 741 CAVALLA RD IPMC Sec. 302.8 Motor Vehicle * IPMC Sec. 302.4 Weeds Ms. White presented the case, read the violations and presented photos of the property. She stated Mr. Cazares has cleaned up his yard and moved the vehicle. Staff recommends the Board find the property owner in violation for the time in violation and now in compliance. Mr. Sasser questioned if it was the same vehicle in the photos dated September 27, 2016 and November 8, 2016, and she stated, yes, but he has a tag on it and he moved it. She said Mr. Cazares is present, but did not wish to address the Board. Motion: The Board adopts the staff recommendation. Moved by Norman, Seconded by Sasser The motion was approved unanimously. 16-403 FRITZ R REINHARDT TRUST ET Sec. 24-173(b)(1)Outside storage AL 710 BONITA RD Ms. White presented the case, read the violations and presented photos of the property. She stated she met with Mr. Reinhardt, the son who is living on the property. His father, Mr. Reinhardt, is the owner of the property. She stated Mr. Reinhardt, the son, is here to address the Board. She stated she took the picture yesterday and Mr. Reinhardt called her late today to take another picture because he had finished cleaning it up. She stated it was too late,as she had already finished her Powerpoint presentation. Mr. Reinhardt, stated the property looks much cleaner now and he hopes this will never happen again. The Board thanked him for cleaning it up. Staff recommends the Board find the property owner in violation and orders that compliance be achieved by removing all outside storage in the carport and cease future outdoor storage by November 21, 2016 or a fine of $100.00 be imposed for the first day and $100.00 for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Ms. White stated Mr. Reinhardt just asked for his inspection of compliance tomorrow, so she will go by the property tomorrow to finish up. Chair de Luna asked Mr. Reinhardt if he understood the recommendation and he stated yes. Motion: The Board adopts the staff recommendation. Moved by Lombardi, Seconded by Sasser The motion was approved unanimously. 16-295 Mandarin Management Systems SEC.22.74 Septic to Sewer 1285 CAMELIA ST Ms. White stated the property owner is in compliance and,after discussion, it was decided she withdraw the case. Minutes of the Code Enforcement Board on November 9, 2016 Page 7 of 8 16-408 RYAN CHRISTOPHER SMITH Sec. 24-173(b)(1)Outside storage 610 ORCHID ST IPMC Sec. 302.8 Motor Vehicle Ms. White presented,the case, read the violations and presented photos of the property. She explained he had a washing machine on his front porch and an inoperable vehicle. She stated they are now gone and they are in compliance. Chair de Luna asked if Mr. Smith was present and Ms.White stated no. 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 Lombardi, Seconded by Glasser The motion was approved unanimously. 6. Miscellaneous Business The Board expressed their thanks and appreciation to Ms. White for an excellent presentation. Ms. White introduced her new boss, Drew DeCandis, the Planning and Development Director, and the Board welcomed him. Christopher Jorgensen,92 W.3"' Street,complimented Ms. White for the fabulous job she is doing. Chair de Luna discussed the link to the International Property Maintenance Code(IPMC)and verified the board members had received the information. He asked the board members to give a brief introduction of themselves to our new board member,Ellen Glasser. Drew DeCandis,Planning and Development Director, introduced himself and gave a brief description of his work background and experience. Adjournment Chair de Luna adjourned the meeting at 7:27 p.m. 211)°C min de Luna,Chair 1111 ,I.0 IA) Day •I .Williams,Secretary Minutes of the Code Enforcement Board on November 9, 2016 Page 8 of 8