Agenda Packet CEB 7-14-15.pdfCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD AGENDA
6:00 P.M., JULY 14, 2015
Call to Order
Pledge of Allegiance to the Flag
Roll Call
10 Approval of the Minutes of the Regular Meeting held on January 13, 2015.
2. Miscellaneous Business
A. Introduction to the new Code Enforcement Officer.
B. Open Discussion.
5. Adjournment
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.
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. — JANUARY 13, 2015
IN ATTENDANCE:
Veda Harless, Chair
John Stinson
Meade Coplan
Benjamin de Luna
Richard Lombardi, Alternate
Louis Keith
Richard Komando, City Attorney
Deborah White, 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 November 17, 20140
Moved by Coplan, Seconded by de Luna
The motion was approved unanimously.
2. Administration of Oath to Defendants/Witnesses
Chair Veda Harless gave the oath to the defendants and witnesses.
L Rehearing
CASE ID NAME & ADDRESS
13- 00000162 KENNETH AKERS
FEDERAL NATIONAL
MORTGAGE ASSO
1890 LIVE OAK LN
Code Enforcement Officer Debbie White presented the case, stating this is a rehearing to address a fine on
a foreclosed property currently owned by Fannie Mae. Ms. White stated Mr. Pelletier is here to represent
the property owner. Ms. White stated the fine has accrued from January 3, 2014 to December 10, 2014 to
$29,984.98. Ms. White stated when this case was initiated, the property belonged to Kenneth Akers and
he subsequently allowed it to be foreclosed and the bank took possession of the property. She stated once
the bank took possession they brought the property into compliance. She stated she did an Affidavit of
Compliance on December 10, 2014. Ms. White stated the property is ready to be marketed and they have
this cloud of accrued fines.
Chair Harless asked Ms. White for her recommendation, and Ms. White stated she would leave the
reduction of fines to the discretion of the Board.
Robert Pelletier stated he is representing his client, Fannie Mae, in reference to 1890 Live Oak Drive.
Mr. Pelletier stated he is requesting an abatement of the lien. Mr. Pelletier stated his client took
possession of the property March 18, 2014, and began their marketing strategy, appraisals and repair bids
almost immediately. Mr. Pelletier stated the repairs were completed September 22, 2014, adding, his
client spent more than $41,000.00 in rehabilitation and repairs to get the property up to standards. Mr.
Pelletier stated the lien is highly punitive to the mortgagee, who was of no fault in these Code violations
being lodged against the property. Mr. Pelletier requested the Board waive the lien so his client can sell
the property. Ms. White interjected, stating she misspoke regarding the Affidavit of Compliance. She
stated it was done on October 24, 2014, not in December, as previously stated. She added, the bank
acquired title to the property on April 1, 2014, according to the Property Appraiser's website. Discussion
ensued.
Chair Harless asked Ms. White her estimation of the cost to the City of Atlantic Beach for this entire
process. Ms. White stated she did not put anything together for that. Chair Harless asked Ms. White if
she would take a moment to come up with a ballpark figure, and Ms. White stated she felt $1,500.00
would be a fair estimation. Further discussion ensued.
Motion: The Board moves to reduce the fine to $6,000.00.
Moved by de Luna, Seconded by Stinson
Amended Motion: The Board moves to modify the fine to $5,500.00.
Moved by Coplan, Seconded by de Luna
The motion was approved unanimously.
2. Old Business
CASE ID NAME & ADDRESS
14- 00000980 WAYNE DOUGLAS SCOTT
198 POINSETTIA ST
VIOLATION
IPMC Sec. 304.1 Unsafe Conditions
IPMC Sec. 302.4 Weeds
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 2
Ms. White stated she is withdrawing the case, as there was no service.
CASE ID NAME & ADDRESS
14- 00001023 ROBERT BILLHARDT ET
AL
92 W 2ND ST
VIOLATION
IPMC Sec. 302.8 Motor Vehicle
Ms. White presented the case, stating the violation was before the Board in a previous meeting and the
property is now in compliance. Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation as stated.
Moved by de Luna, Seconded by Lombardi
The motion was approved unanimously.
Draft Minutes of the Code Enforcement Board on January 13, 2015 Page 2 of 10
CASE ID NAME & ADDRESS VIOLATION
14- 00001028
TOM CABRAL
85 EDGAR ST
IPMC Sec.301.3 Vacant Structures & Land
Ms. White presented the case, stating the violation was before the Board in a previous meeting and the
property is now in compliance. Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation as stated.
Moved by de Luna, Seconded by Coplan
The motion was approved unanimously.
CASE ID NAME & ADDRESS
14- 00001099 TIMOTHY ANDERSON
824 SHERRY DR
VIOLATION
IPMC Sec. 302.7 Accessory Structures
Ms. White presented the case, stating Mr. Anderson was issued an Order at the September meeting and
was given until today, January 13, 2015, to be in compliance with the leaning wall on his property. Ms.
White stated he is here today to address the Board.
Timothy Anderson stated he had signed a contract (today) to fix the wall, and asked for an extension of
time to bring the wall into compliance. Mr. Anderson submitted a copy of the contract, as Exhibit A, for
the Board to review. Mr. Komando asked Mr. Anderson if there was a completion date anticipated. Mr.
Anderson requested an extension of 60 days to complete the work.
Motion: The Board moves to allow an extension of sixty days to come into compliance.
Moved by Keith, Seconded by Stinson
The motion was approved unanimously.
CASE ID
14- 00001153
NAME & ADDRESS
VIOLATION
LINDA J ASHLEY FBC Sec. 105 Permits" Required SWO
722 CAVALLA RD Florida Bldg Code
Ms. White presented the case, stating the violation was before the Board in a previous meeting and the
property is now in compliance. Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation as stated.
Moved by Lombardi, Seconded by Coplan
The motion was approved unanimously.
CASE ID NAME & ADDRESS
14 -1263 LINDA J ASHLEY
722 CAVALLA RD
VIOLATION
FBC Sec. 105 Permits - Required SWO
Florida Bldg Code
Draft Minutes of the Code Enforcement Board on January 13, 2015 Page 3 of 10
Ms. White presented the case, stating the violation was before the Board in a previous meeting and the
property is now in compliance. Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation as stated.
Moved by Coplan, Seconded by de Luna
The motion was approved unanimously.
CASE ID NAME & ADDRESS
14- 00001154 BOBBI D WHEATON
724 CAVALLA RD
VIOLATION
FBC Sec. 105 Permits - Required SWO
Florida Bldg Code
Ms. White presented the case, stating the violation was before the Board in a previous meeting and the
property is now in compliance. Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation as stated.
Moved by Coplan, Seconded by de Luna
The motion was approved unanimously.
CASE ID NAME & ADDRESS
14- 00001168 ANGELIKE DE SHONE
708 CAVALLA RD
VIOLATION
FBC Sec. 105 Permits - Required SWO
Florida Bldg Code
Ms. White presented the case, stating the violation was before the Board in a previous meeting and the
property is now in compliance. Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation as stated.
Moved by Coplan, Seconded by Keith
The motion was approved unanimously.
CASE ID NAME & ADDRESS
14- 00001169 DAVID LOPANIK
716 CAVALLA RD
VIOLATION
IPMC
Sec.
304.7
Roofs and Drainage
IPMC
Sec.
302.4
Weeds
Ms. White presented the case, stating the violation was before the Board in a previous meeting and the
property is now in compliance. Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation as stated.
Moved by Keith, Seconded by de Luna
Mr. Lombardi voiced his concern that many of the citizens, in the prior cases, may be disgruntled. Chair
Harless explained that due to the location of their property, it is something the property owners will need
to address through means other than this Board. She stated all the Code Enforcement Board can do, is
ensure they are in compliance with Code. Mr. de Luna asked Ms. White if she had contacted the
residents after they complied and she stated yes. Mr. de Luna asked Ms. White if the residents seemed
disgruntled and she stated no. Mr. de Luna stated he felt this is due to the efforts of Code Enforcement
Officer White in dealing with the people. He stated it shows how good she does her job.
Draft Minutes of the Code Enforcement Board on January 13, 2015 Page 4 of 10
The motion was approved unanimously.
CASE ID NAME & ADDRESS
14 -1244 THOMAS J BENNETT JR
1227 VIOLET ST
VIOLATION
IPMC Sec. 302.4 Weeds
Ms. White presented the case, stating this is another one of Mr. Bennett's properties. Ms. White stated
the violation is for the overgrown yard. She stated she initially cited Mr. Bennett and he quitclaim
deeded the property to Sovereign Citizens, who have also been cited. Ms. White stated the property is
now back in the hands of the bank, HSBC Bank USA NA, and they have title to the property. Ms. White
stated the property is occupied, and she is waiting for the bank to evict the tenant. Mr. Komando stated
the violation was found in September, so it has been four months.
Chair Harless addressed Mr. Komando and Secretary Dayna Williams, asking if it was feasible to assess
the cost to the City of Atlantic Beach to have these Code Enforcement Meetings (in cases such as this).
Mr. Komando stated he would need to ask the finance director if they have a mechanism, or way, to
calculate that. Chair Harless stated, if we could track expenses to come up with a ballpark figure of the
costs involved, the Board would not have to have the discussion every time. Mr. Komando stated he
would take care of it. Chair Harless requested he provide the information to Secretary Williams and she
could e -mail that to the Board members.
Mr. de Luna stated, it is not only the compensatory part of it; we need to incentivize and show banks that
they cannot just leave the property for months and months, and then start doing something when they are
getting ready to sell it. He stated that is where the penalty has to come in.
Staff recommends the Board find HSBC Bank in violation and orders that compliance be achieved by
mowing and cleaning the yard by January 21, 2015 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.
Motion: The Board adopts the staff recommendation as stated.
Moved by Coplan, Seconded by Keith
The motion was approved unanimously.
CASE ID NAME & ADDRESS
14 -1299 * SOVEREIGN
INVESTMENT GROUP LLC
131 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
Draft Minutes of the Code Enforcement Board on January 13, 2015 Page 5 of 10
Ms. White presented the case, stating this property is currently abandoned and has been abandoned for
years. She stated it is also one of Mr. Bennett's properties; adding, he also owns the one next to it and
the one on the other side of it. Ms. White stated, the Board had issued an Order, at the previous meeting,
for the City of Atlantic Beach to board the structure at the property owner's expense. Ms. White stated,
she has brought this case before the Board to impose the fine, which is six hundred and seventy -five
dollars ($675.00), for the boarding and securing of the structure, plus recording costs and 4.75% interest
on the lien.
Staff recommends the Board impose the fine of six hundred and seventy -five dollars ($675.00) plus the
recording fees and interest at 4.75% per annum for the cost incurred by boarding and securing the
structure as ordered at the November 17, 2014 hearing.
Motion: The Board adopts the staff recommendation as stated.
Moved by Coplan, Seconded by de Luna
The motion was approved unanimously.
3. New Business
CASE ID
14- 00001165
NAME & ADDRESS
SAMUEL M LOPANIK
702 CAVALLA RD
VIOLATION
IPMC Sec. 304.7 Roofs and Drainage
Sec. 24 -157 Fences, walls etc. Fence
Maintenance
Sec. 24 -163 (b)(2) Heavy Vehicle (too many)
Ms. White presented the case, stating the violations are fence maintenance, heavy vehicles (2 boats), and
roofs and drainage, stating the soffit needs to be repaired. Ms. White presented photos of the property,
stating his property is adjacent to a commercial parking lot and the fence in question may belong to
them. Ms. White stated she is going to withdraw the fence violation and ensure the Notice goes to the
correct property owner. She stated he has too many boats and the soffit needs repair.
Samuel Lopanik, stated he has the supplies to fix the soffit. Chair Harless asked how much time he
needed to complete the work. Mr. Lopanik stated he would like sixty days to complete the repairs and
asked if he could get a variance to keep the two boats. Ms. White stated he may be able to, but not for
three boats, adding, she would take a look at them. Chair Harless asked Ms. White if she wanted the
Board to extend the time to come into compliance so she could meet with Mr. Lopanik regarding the
boats. Ms. White stated no, she would stick to her recommendation.
Staff recommends the Board find the property owner in violation and orders that compliance be achieved
by repairing or replacing the open soffit screening, and remove and limit the storage of boats in the
parking area by January 31, 2015 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.
Motion: The Board adopts the staff recommendation with the exception the date of compliance be
changed to March 1, 2015. In addition, the removal of the boats shall be subject to information
from Ms. White to determine if Mr. Lopanik may have two boats or three.
Moved by Coplan, Seconded by Keith
Draft Minutes of the Code Enforcement Board on January 13, 2015 Page 6 of 10
The motion was approved unanimously.
CASE ID NAME & ADDRESS
14 4241 ROY WEBB WILLINGHAM
79 S SARATOGA CIR
VIOLATION
IPMC Sec. 302.8 Motor Vehicle
Sec. 124(a) Nuisance - Conditions
Ms. White stated she is withdrawing the case, as there was no service.
CASE ID NAME & ADDRESS
14 -1280 BRUCE W MACKENZIE
148 MAGNOLIA ST
VIOLATION
IPMC Sec. 302.8 Motor Vehicle
Ms. White presented the case, stating the violation is for an inoperable van that has been stored in the
front yard for quite some time. Ms. White stated she has spoken with him and he has agreed to get rid of
the vehicle, but he needs some time. She explained he needs to build some shelves in his garage to store
the items he currently has in his van. Ms. White stated Mr. Mackenzie is present and would like to
address the Board.
Bruce Mackenzie, 148 Magnolia Street, stated he is anxious to comply and get rid of the van. He
stated he would like a brief extension of time in order to build some storage areas in his garage. Chair
Harless asked how much time he needs, and he requested until January 31, 20150
Staff recommends the Board find the property owner in violation and orders that compliance be achieved
by removal of the Chevrolet van stored in the front yard on or before January 31, 2015 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.
Motion: The Board adopts the staff recommendation as stated.
Moved by de Luna, Seconded by Keith
Amended Motion: The Board moves to extend the date of compliance to February 15, 2015.
Moved by Coplan, Seconded by Lombardi
The motion was approved unanimously.
Case 14 -1314 was taken out of sequence and acted on at this time.
CASE ID NAME & ADDRESS VIOLATION
14 -1314 KIMBERLY SMITH IPMC Sec. 302.8 Motor Vehicle
1620 JORDAN ST Sec. 16 -3 (b)Set out - Storage Garbage &
Trash container
Draft Minutes of the Code Enforcement Board on January 13, 2015 Page 7 of 10
Ms. White presented the case, stating the vi(
She stated the garbage is kept at the street
Oldsmobile without a tag and a dark green
presented photos of the property, stating the
the gold Oldsmobile reappeared. She stated
it towed again. Discussion ensued.
Jations are garbage and
at all times and there
Ford Explorer with an
landlord had both vehic
the landlord was going
trash containers and motor vehicles.
are two unlicensed vehicles, a gold
expired tag from 2010. Ms. White
les towed off the property; however,
to call the wrecker service and have
Staff recommends the Board find the property owner in violation and orders that compliance be achieved
by removal of all unlicensed vehicles, comply with the regulations of proper storage of garbage and trash
containers and cease outside storage by January 31, 2015 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.
Motion: The Board adopts the staff recommendation as stated.
Moved by Keith, Seconded by Lombardi
The motion was approved unanimously.
CASE ID NAME & ADDRESS
14 4301 THOMAS J BENNETT
133 BELVEDERE ST
VIOLATION
IPMC 301.3 Vacant Structures and Land
IPMC SEC. 108.1.5 3 Unfit for Human
Habitation
Sec.
304.2 Protective
IPMC
Sec.
302.1
Sanitation
IPMC
Sec.
302.5
Rodent Harborage
IPMC
Sec.
302.7
Accessory Structures
IPMC
Sec.
304.1
Unsafe Conditions
IPMC
Sec.
304.13 Window, skylight, door
frames
IPMC Sec. 304.13.1 Window Glazing
IPMC Sec. 304.13.2 Openable Windows
IPMC Sec. 304.14 Insect Screens
IPMC Sec. 304.15 Doors
IPMC
Sec.
304.2 Protective
Treatment
IPMC
Sec.
304.4 Structural
Members
IPMC
Sec.
304.7 Roofs and
Drainage
IPMC
Sec.
501 Plumbing &
fixture req's
Sec. 12 -1(a) Nuisance - Conditions
Sec. 24 -157
Fences, walls etc. Fence
Maintenance
IPMC Sec, 304.6 Exterior Walls
Ms. White presented the case, stating this is one of the three properties owned by Mr. Bennett. She
stated they are adjacent to one another on Belvedere Street. Ms. White stated the property has numerous
violations and is in deplorable condition. Mr. Komando asked how long the violations have been
continuing. Ms. White stated she has it documented October 20, 2014, however, it was prior to that. Mr.
Komando asked when Mr. Bennett was instructed to come into compliance. Ms. White stated the date
on the letter is October 20, 2014, and she allowed him twenty days to do all the repairs. Mr. Komando
Draft Minutes of the Code Enforcement Board on January 13, 2015 Page 8 of 10
asked if Mr. Bennett was given Notice of tonight's hearing, and Ms. White stated yes. She stated he was
notified by certified mail and signed for it on December 14, 2014.
Staff recommends the Board find the property owner in violation and orders that compliance be achieved
by obtaining the services of State of Florida licensed contractors to obtain permits and obtain approved
final inspections by February 4, 2015 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.
Motion: The Board adopts the staff recommendation as stated.
Moved by de Luna, Seconded by Coplan
The motion was approved unanimously.
CASE ID NAME & ADDRESS
14 -1314 KIMBERLY SMITH
1620 JORDAN ST
VIOLATION
IPMC Sec. 302.8 Motor Vehicle
Sec. 16 -3 (b)Set out - Storage Garbage &
Trash container
This item was taken out of sequence and acted on earlier in the meeting.
CASE ID NAME & ADDRESS
14 -1315 x SMITH EMI, BRUCE L
417 SAILFISH DR
VIOLATION
IPMC Sec. 302.1 Sanitation
IPMC Sec. 302.5 Rodent Harborage
IPMC Sec. 302.8 Motor Vehicle
Sec. 12 -1(a) Nuisance - Conditions
Ms. White presented the case, stating she inherited this from the previous Code Enforcement Officer.
Ms. White stated there are three Code Enforcement liens on this property. Ms. White gave a brief
background on the case and discussion ensued.
Ms. White stated she is withdrawing the case and will make further attempts to contact the property
owner and bring it back to the Board.
CASE ID NAME & ADDRESS VIOLATION
144316 FEDERAL NATIONAL IPMC 301.3 Vacant Structures and Land
MORTGAGE ASSOCIATION IPMC Sec 109.2 Temp Safeguards Board
1365 VIOLET ST and Secure
IPMC SEC. 108.1.5 3 Unfit for Human
Habitation
IPMC Sec. 304.13.1 Window Glazing
IPMC Sec. 304.3 Premises Identification
IPMC Sec. 304.6 Exterior Walls
IPMC Sec. 304.2 Protective Treatment
Draft Minutes of the Code Enforcement Board on January 13, 2015 Page 9 of 10
Ms. White presented the case, stating the property is not being maintained. She stated she received a call
from one of the neighbors telling her the sliding glass door is completely out of the opening, lying on the
floor. Ms. White stated she had the Atlantic Beach Police Department meet her on site to inspect the
property. She stated it appeared someone had busted in through the sliding glass door, adding there is
also a broken window in the front. Ms. White stated, typically, on these abandoned foreclosures, they
have a property maintenance company come by once or twice a week to mow the yard and check on the
property. She stated it is not happening on this property and she needs to get the property boarded and
secured.
Chair Harless asked if she had heard anything from Federal National Mortgage Association, and Ms.
White stated no response at all. Chair Harless asked if Federal National was signing for the certified
mail and Ms. White stated yes.
Staff recommends the Board find the property owner in violation and orders that compliance be achieved
by boarding and securing the abandoned property, replace the missing glazing in the windows and the
sliding glass door, including the missing frame, repair the exterior walls, paint the exterior of the
structure, install 4" house numbers and maintain the property secured by January 31, 2015 or a fine of
$200.00 be imposed for the first day and $200.00 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 as stated.
Moved by Coplan, Seconded by Keith
The motion was approved unanimously.
4. Miscellaneous Business
None.
5. Adjournment
There being no further discussion, the meeting adjourned at 7:42 p.m.
Veda Harless, Chair
Dayna L. Williams, Secretary
Draft Minutes of the Code Enforcement Board on January 13, 2015 Page 10 of 10