Agenda Packet CEB 11-10-15.pdfCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD
CITY HALL, COMMISSION CHAMBER
NOVEMBER 10, 20159 6:00 PM
CA 1
Call to Order
Pledge of Allegiance to the Flag
Roll Call
1. Election of Chair and Vice Chair (City Attorney Komando)
2. Approval of Minutes of the Regular Meeting of September 8, 20154
3. Administration of Oath to Defendants /Witnesses.
4. Old Business
None
5. New Business
None
6. Rehearing
CASE ID NAME & ADDRESS
13- 00000727 Obi Dorsey
7, Miscellaneous Business
None
VIOLATION
IPMC 302.4 Weeds. All premises and exterior
property shall be maintained free from weeds or
plant growth in excess of twelve (12) inches. All
noxious weeds shall be prohibited. Weeds shall be
defined as all grasses, annual plants and vegetation,
other than trees or shrubs provided; however, this
term shall not include cultivated flowers and
gardens.
IPMC 304.7 Roofs and drainage. The roof and
flashing shall be sound, tight, and not have defects
that admit rain. Roof drainage shall be adequate to
prevent dampness or deterioration in the walls or
interior portion of the structure. Roof drains,
gutters, and downspouts shall be maintained in
good repair and free from obstructions. Roof water
shall not be discharged in a manner that creates a
public nuisance.
Adjournment
Please Note: This meeting will be live- streamed and videotaped and can be accessed by clicking on the Meeting Videos
tab located on the home page of the City's website at www.coab.us.
In accordance with the provisions of Florida Statute, Section 286.0105, if a person decides to appeal any decision made
by the Board with respect to any matter considered at this meeting, he /she will need a record of the proceedings and for
such purpose he /she may need to insure that a verbatim record of the proceeding is made, which record includes the
testimony and evidence upon which the appeal is to be based.
In accordance with the provisions of Florida Statute, Section 286.26, persons with disabilities needing special
accommodation to participate in this meeting should contact the Code Enforcement Board Secretary at (904) 247 -5810
no later than 48 hours prior to the meeting.
IN ATTENDANCE:
Veda Harless, Chair
Meade Coplan
Benjamin de Luna
Louis Keith
Richard Lombardi, Alternate
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6 :00 P.M. — SEPTEMBER 8, 2015
Richard Komando, City Attorney
John Markee, Code Enforcement Officer
Dayna Williams, Secretary
Chair Veda Harless called the meeting to order at 6:00 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
Motion: Approve the minutes of the Code Enforcement Meeting of July 14, 2015.
Moved by Coplan, Seconded by Keith
The motion was approved unanimously.
2.
Administration
of Oath
to
Defendants/Witnesses
Chair
Veda Harless gave
the oath
to
the defendants and witnesses.
3. Old Business
CASE ID NAME & ADDRESS
13- 00000727 Obi Dorsey
14 -1244 Southeast Property Investment Network
P.O. Box 9567
Tampa, F133674
VIOLATION
IPMC 302.4 Weeds. All premises and exterior
property shall be maintained free from weeds or
plant growth in excess of twelve (12) inches. All
noxious weeds shall be prohibited. Weeds shall be
defined as all grasses, annual plants and vegetation,
other than trees or shrubs provided; however, this
term shall not include cultivated flowers and
gardens.
IPMC 304.7 Roofs and drainage. The roof and
flashing shall be sound, tight, and not have defects
that admit rain. Roof drainage shall be adequate to
prevent dampness or deterioration in the walls or
interior portion of the structure. Roof drains,
gutters, and downspouts shall be maintained in
good repair and free from obstructions. Roof water
shall not be discharged in a manner that creates a
public nuisance.
Code Enforcement Officer John Markee presented the case, stating this is a rehearing to request a reduction of the
fines. He stated they came into compliance on June 16, 2015, Mr. Markee stated he had contact with them on
Friday, September 4, 2015, and was expecting them to show, but they are not present.
Staff recommends deferring the case to the next Code Enforcement Meeting in November.
Discussion ensued. Chair Harless asked Mr. Komando if they needed to make a motion to move the case to the
next meeting, and he stated yes. Mr. de Luna stated we can just withdraw this matter from the Agenda. Mr.
Komando stated if Mr. Markee withdraws it, he will have to start over on the notice. Mr. Komando stated,
because Notice was satisfied for tonight, if you make a Motion to defer to a time certain Mr. Markee does not have
to Notice everything related to this again.
Motion: The Board moves to defer the case to the November 10, 2015 Code Enforcement Board Meeting.
Moved by de Luna, Seconded by Coplan
The motion was approved unanimously.
CASE ID
13- 00000724
13- 00000860
14 -1300
NAME & ADDRESS
P. Campbell Ford, Esq
132 Belvedere St,
VIOLATION
IPMC 301.3 Vacant Structures and Land
IPMC Sec 109.2 Temp Safeguards Board and
Secure
IPMC SEC, 108.1.5 3 Unfit for Human Habitation
Mr. Markee presented the case, stating this is another one of Mr. Bennett's properties. He stated the work on
this property is quite exceptional if you look at the before and after pictures. Mr. Markee stated this is a
rehearing to request a reduction of the fines. Chair Harless asked if the property was in compliance and Mr.
Markee stated yes.
Campbell Ford, 1210 Selva Marina Circle, stated he and the builder, Mike Phillips, purchased the property at
a foreclosure sale. Mr. Ford stated there was not really a compliance date, as they understood it. He stated they
essentially had to almost get a Certificate of Occupancy, which meant they had to start from scratch and could
not rush out there and clean it up in ten days.
Chair Harless stated the point of the fines is to generate a reaction to fix the property. Chair Harless asked Mr.
Ford when they purchased the property and he stated in December 2014. She stated she wanted to know when
they got a building permit and when they received the Certificate of Occupancy.
Michael Phillips, 1250 Selva Marina Circle, stated he is with Phillips Builders. Mr. Phillips stated they
brought the property up to Code within the first two weeks of the date of purchase. Chair Harless asked what
the fines were as of December 2014. Mr. Markee stated the fines were approximately $31,525.00.
Mr. Ford recounted his case to the Board, requesting the Board to eliminate the fine completely or substantially
reduce it. He respectively asked the Board to consider what kind of message they want to send when dealing
with these kind of properties. Discussion ensued regarding how to get the banks to take care of the properties
instead of letting the fines accrue.
Mr. Ford suggested the City needs to be a little more progressive about the fines. Mr. Ford stated the City has
the ability to take over the properties, mow them down and get land to value while it still makes sense. Chair
Harless asked Mr. Komando to address this issue and explain whether the City is able to do this or not. Mr.
Komando stated there are additional costs going down that road. He stated the problem is property owners have
rights, whether they are delinquent property owners or property owners in good standing. He added, in order
Draft Minutes of the Code Enforcement Board on September 8, 2015 Page 2 of 5
for a government to come in and start making improvements on a person's property, traditionally they have to
go before a court, incurring additional costs and expenses. He stated many governments do not want to put that
money out knowing the probability is they are never going to see a recovery of that money.
Mr. Komando stated the other road the government may choose is to make a decision to start foreclosing on
those properties. He stated, at that point, there is also the balance on whether or not the Code Enforcement lien
on the property is going to become inferior to the mortgage. He explained, the City could start the foreclosure
process and if the mortgage on the property outweighs the value of the property, you do not see any money
come out of it anyway.
Discussion ensued. Chair Harless stated, the Board is going to go over this again and again for all properties of
this nature. She stated, as a Board, they need to decide how we want to handle these kinds of situations. She
stated, she would like to have a dollar amount in order to recoup the administrative costs, time and efforts the
City has invested in the property. Mr. Komando stated that it is probably not possible to capture the hours and
time spent on a case. Discussion ensued.
Motion: The Board moves to reduce the fine to $6,000.00 and that it be paid within 30 days.
Moved by de Luna
Motion Failed.
Motion* The Board moves to reduce the fine to $3,125.00 and that it be paid by December 1, 20150
Moved by Coplan, Seconded by Lombardi
Votes.
Aye: - 3 — Harless, Coplan, Lombardi
Nay: - 2 — de Luna, Keith
Motion Carried
Chair Harless asked Mr. Ford if he wanted to make the case now for the aforementioned property located at 133
Belvedere. Mr. Komando interjected, requesting a conversation with the Board. Mr. Komando stated he does
not think the Board can commit to anything until afterwards. Mr. Komando stated he would rather the Board
not do it during this meeting as it is not noticed as part of our agenda, adding, as Mr. Ford is not the property
owner he really does not have the standing to ask. Mr. Komando suggested Mr. Ford take the conversations the
Board provided tonight as part of his analysis of where to set the bid on the other property. Mr. Ford concurred.
CASE ID NAME & ADDRESS VIOLATION
12- 00000907 William R Blackard Jr IPMC
Sec.
304.7
Roofs and Drainage
1595 Beach Ave IPMC
Sec.
304.10 Stairway,Deck,Porch,Balco
IPMC
Sec.
304.6
Exterior Walls
IPMC
Sec.
304.2
Protective Treatment
IPMC
Sec.
302.3
Sidewalks and Driveways
IPMC
Sec.
304.4
Structural Members
Mr. Markee presented the case, stating this is a rehearing to request an extension of time. Mr. Markee stated
this is the third time Mr. Blackard has come before the Board. Mr. Markee stated Mr. Blackard was scheduled
to come to the July 2015 meeting as his last extension expired on July 1, 2015, however, the case was re-
scheduled for tonight's meeting. Mr. Markee stated Mr. Blackard has been making steady progress with the
property and has come into compliance, as of today, with the stairway and the driveway. Mr. Markee stated Mr.
Blackard has provided regular updates on the property and we have had multiple meetings on the property itself.
Draft Minutes of the Code Enforcement Board on September 8, 2015 Page 3 of 5
William R. Blackard Jr, 1595 Beach Avenue, stated he is the owner of the property and requested Mr.
Markee state his recommendation to the Board, as previously discussed. Staff recommends the Board find the
property owner in violation and orders that compliance be achieved by completing the repairs that are still
outstanding on the property with a deadline in conjunction with the expiration of his permit renewal 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. Chair Harless asked Mr. Markee for the date of the expiration of the permit. Mr. Markee stated his
initial recommendation was for January 1, 2016. Discussion ensued.
Mr. de Luna stated he thought the last time Mr. Blackard came before the Board, the Board extended the date to
give him enough time to complete the project. Mr. Komando stated, in fact, the Board gave more time than
requested. Mr. de Luna said he thought the last time they had agreed it would be completed and we would have
an Affidavit of Compliance by July 1, 2015. Mr. Blackard stated that is correct and he wished it had happened.
Mr. de Luna asked him to explain why it has not happened and what is causing the delay. Mr. Blackard stated
the concrete slab for the porch took longer to get poured than he expected. He stated it went back to
engineering three or four times and finally Mike Jones, the building inspector, approved the design of the slab.
He stated that put us behind and then we had to build the wood structure to support the porch covering.
Mr. de Luna asked Mr. Markee the date he recommended for the extension of time to complete the project. Mr.
Markee stated he recommended January 1, 2016, with the understanding that the extensions stop at that point.
Mr. de Luna stated, and then the fines will start, and Mr. Markee stated yes. Mr. Komando stated we cannot
have self - executing fines that are going to start, the law lays out exactly how it is. Mr. Komando asked what
violations are outstanding and what has to be done for the property to be in compliance. Mr. Markee stated
roofs and drainage, exterior walls, protective treatment and structural members. Chair Harless asked Mr.
Komando if they could make a motion to allow an extension, and Mr. Komando stated yes.
Motion: The Board moves to extend the time to complete by January. 1, 20160
Moved by de Luna, Seconded by Keith
The motion was approved unanimously.
4. New Business
CASE ID NAME & ADDRESS
14 -1288 Michael L Altee
1202 Jasmine St
VIOLATION
IPMC 301.3 Vacant Structures and Land
IPMC Sec. 302.4 Weeds
Mr. Markee stated he is withdrawing the case, as there was no service or contact with the property owner.
5. Miscellaneous Business
Mr. de Luna stated his three year term will expire September 30, 2015. Discussion ensued regarding re-
appointments and recruiting new members.
Adjournment
There being no further discussion, the meeting adjourned at 7:25 p.m.
Draft Minutes of the Code Enforcement Board on September 8, 2015 Page 4 of 5
Veda Harless, Chair
Dayna L. Williams, Secretary
Please
Note: This
meeting will be live- streamed
and videotaped and can be accessed by clicking on the Meeting
Videos
tab located
on the home page of the City's
website at www.coab.us.
In accordance with the provisions of Florida Statute, Section 286.0105, if a person decides to appeal any decision
made by the Board with respect to any matter considered at this meeting, he /she will need a record of the
proceedings and for such purpose he /she may need to insure that a verbatim record of the proceeding is made,
which record includes the testimony and evidence upon which the appeal is to be based.
In accordance with the provisions of Florida Statute, Section 286.26, persons with disabilities needing special
accommodation to participate in this meeting should contact the Code Enforcement Board Secretary at (904) 247-
5810 no later than 48 hours prior to the meeting.
Draft Minutes of the Code Enforcement Board on September 8, 2015 Page 5 of 5