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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