Agenda Packet CEB 3-11-14.pdf CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD AGENDA
6:00 P.M., MARCH 11, 2014
Call to Order
Pledge of Allegiance to the Flag
Roll Call
1. Approve the Minutes of the Regular Meeting of January 14, 2014.
2. Administration of Oath to Defendants/Witnesses.
3. Old Business
A. Thomas Davie, Request for Rehearing:
872 Bonita Road, Thomas Davie, Case#09-238 and Case#09-239: violation of International
Property Maintenance Code, Sec. 304.2 Protective treatment.
4. New Business
A. 469 Atlantic Boulevard, Diamond Real Estate Properties, Case #13-712:
violation of Atlantic Beach City Code, Sec. 20-52 Levy.
B. 1830 Mayport Road, Klotz LLC, Case #13-793: violation of Atlantic Beach
City Code, Sec. 20-52 Levy.
C. 1101 Violet Street, HSBC Bank USA NA, Case #13-898: violation of
International Property Maintenance Code, Sec. 304.4 Structural members and Sec. 304.7
Roofs and drainage.
D. 51 Forrestal Circle, Robert L & Mary E Chambliss, Case #13-904: violation
of Atlantic Beach City Code, Sec. 24-157 Fences, walls and similar structures.
E. 907 Stocks Street, Linda A Giachetto, Case #13-907: violation of
International Property Maintenance Code, Sec. 302.8 Motor vehicles.
F. 2022 Lakeview Court, Ruth E Sparks, Et Al, Case #14-928: violation of
Atlantic Beach City Code, Sec. 24-163 (b) Occupancy of a travel trailer.
5. Miscellaneous Business
None
6. Adjournment
. • ,
DRAFT
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M.—January 14,2014
IN ATTENDANCE:
Veda Harless, Chair
Ian Luthringer, Vice Chair Mike Griffin, Building&Zoning Director
John Stinson Deborah White, Code Enforcement Officer
Juliette Hagist Dayna Williams, Secretary
Meade Coplan
Benjamin de Luna
Louis Keith
Richard Lombardi,Alternate
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 13,2013.
Moved by de Luna, Seconded by Hagist
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
A. Winston Cunningham, Request for Rehearing.
831 Bonita Road, Winston Cunningham, Case #12-784: violation of Atlantic Beach City
Code, Sec. 24-173 Neighborhood Preservation.
Code Enforcement Officer Debbie White presented the case, stating this is a rehearing request by
Mr. Cunningham. Ms. White stated she has attached a copy of Mr. Cunningham's letter and a
copy of the original Board Order for the Board to review. Ms. White stated a Notice of Violation
was sent to Mr. Cunningham on 10/23/12 and received/signed for on 10/26/12. Ms. White stated
the violation is the City Ordinance Section 24-173 Neighborhood preservation and property
maintenance standards.
Ms. White stated she has spoken with someone in control of the property. Ms. White stated she
spoke with Mr. Cunningham, only on the rehearing issue, after the fine was imposed. Ms. White
stated at the 1/8/13 Code Enforcement Board Meeting the Board issued an Order with the
deadline for compliance of 2/8/13. Ms. White stated the Affidavit of Non-Compliance was
issued on 2/8/13 and the Affidavit of Compliance was issued on 2/22/13. Ms. White stated we
have a fine that accrued at $100.00 per day from 2/8/13 to 2/22/13, which is 14 days or
$1,400.00, plus $10.00 recording fee.
Staff recommends the Board reduce the fine of$1,410.00 to $300.00 with the condition the fine
be paid in full on or before 3/3/14, and if such fine is not paid by 3/3/14, the original fine of
$1,410.00 will be reinstated. Ms. White stated Mr. Cunningham is present and would like to
address the Board.
The witness came to the podium stating his name and address, Winston Cunningham, 831
Bonita Road. Mr. Cunningham stated he was building a shed to move the items off the porch,
but was stopped by the City of Atlantic Beach because he did not have a permit. Mr.
Cunningham stated he got a permit to finish building the shed and then moved the items from the
porch. Mr. Cunningham stated he does not feel he should be fined. Discussion ensued. Mr.
Cunningham stated when he received the Board Order to move the items he did not have any
place to put them. Ms. White stated she did not have any conversation with Mr. Cunningham
about the issue. She stated if he had contacted her to explain what was going on, she probably
would have given him more time. Discussion ensued. Mr. Luthringer explained the Board is
bound by the City Ordinances and regulations and does not have the ability to change them. Mr.
Luthringer asked the witness if he had considered the option of a self-storage facility and
discussion ensued.
Motion: Recommends the Board not require Mr. Cunningham to pay the fine because of
the constrictions placed upon him related to building the shed on time.
Moved by Coplan, Seconded by Harless
Ms. Harless asked Ms. White if she had the timeline of when Mr. Cunningham was getting his
permit and how it correlates with the 2/8/13 compliance date on the Board Order. Ms. White
stated she did not have the permit information with her. Mr. Stinson asked Mr. Cunningham if
he had a copy of his permit and the witness stated the permit was from last year and he does not
keep the paperwork. Mr. Luthringer stated he understood the statements made in the motion, but
he was of the opinion that regardless of the time frame for the shed they are two separate
incidents. Mr. Luthringer stated, if imposed with the notice of a fine of$100.00 per day, he felt
renting a vehicle from Home Depot or U-Haul for a couple of hours and reserving a storage unit
to move the items off the property to avoid the violation seems reasonable to him. Mr.
Luthringer stated he did not feel the fine should be reduced entirely. Discussion continued.
Votes:
Aye: - Coplan,Harless, Keith
Nay: -Luthringer, de Luna, Stinson,Hagist
Motion Failed
Motion: The Board adopts the staff recommendation to reduce the fine of $1,410.00 to
$300.00 with the condition the fine be paid in full on or before 3/3/14, and if such fine is not
paid by 3/3/14,the original fine of$1,410.00 will be reinstated.
Moved by Hagist, Seconded by de Luna
Discussion ensued.
Amendment: To amend to reflect that Mr. Cunningham has 10 months to pay the $300.00
fine with the first payment due 2/1/14.
Moved by Coplan, Seconded by de Luna
Draft Minutes of the Code Enforcement Board on January 14, 2014 Page 2 of 10
Votes:
Aye: -Coplan,Harless,Keith,de Luna,Hagist
Nay: -Luthringer, Stinson
Motion Passed
Votes:
Aye: - Coplan,Harless, Keith, de Luna
Nay: - Luthringer, Stinson,Hagist
Original Motion as Amended Passed
4. New Business
A. 1595 Beach Avenue, William R. Blackard, Jr., Case #12-907: violation of
International Property Maintenance Code, Sec. 304.7 Roofs and drainage; Sec. 604.1
Facilities required; Sec. 304.10 Stairways, decks, porches and balconies; Sec. 304.5
Foundation Walls; Sec. 304.6 Exterior Walls; Sec. 304.2 Protective Treatment; Sec. 304.3
Premises identification; Sec. 302.3 Sidewalks and driveways and Sec. 304.4 Structural
members.
Ms. White presented the case, stating the Notice of Violation was sent on 12/19/12 and
received/signed for on 1/17/13; ownership was determined by the tax records for Duval County;
her inspection was prompted by a complaint; proper notice was achieved by certified mail in
accordance with F.S. 162; and she has spoken with someone in control of the property, Mr.
Blackard. Ms. White presented photos of the property stating there are 2 structures on the
property; the main house and a guest house, or garage apartment. Ms. White stated some repairs
have been done on both structures, but there are several issues that still need to be addressed.
Ms. White stated Mr. Blackard is present and would like to address the Board about his plans for
the property.
Staff recommends the Board find the property owner in violation and orders that a building
permit be obtained by 4/5/14 to renovate the structures and that full compliance be achieved with
all listed violations within 120 days from date of issuance of the permit, or a fine of$100.00 be
imposed for the first day and $100.00 for every day thereafter the violation continues to exist. In
addition, any fine shall also include the administrative costs to the City incurred in prosecuting
this case. The property owner is responsible for contacting the City Code Enforcement Officer
and obtaining an inspection of compliance.
The witness came to the podium stating his name and address, William R. Blackard, Jr., 1595
Beach Avenue. Mr. Blackard explained he received a letter from Ms. White a year ago January
and has since made several repairs Mr. Blackard stated he has removed some electrical fixtures
on the oceanfront, painted, re-shingled, and has completed about 99% of the work on the main
house. The witness stated the back house, or guest house, is the eyesore and may have prompted
some complaints by the neighbors. Mr. Blackard stated he consulted with a structural engineer
and has encountered several delays in completing the necessary work on the guest house.
Discussion ensued.
Motion: The Board adopts the staff recommendation with the exception that the date of full
compliance be changed to 180 days from date of issuance of the permit.
Moved by Luthringer, Seconded by Stinson
The motion was approved unanimously.
Draft Minutes of the Code Enforcement Board on January 14, 2014 Page 3 of 10
B. 131 Belvedere Street, Thomas J. Bennett, Jr., Case #13-185: violation of
International Property Maintenance Code, Sec. 301.3 Vacant Structures and Land; Sec.
304.2 Protective Treatment; Sec. 304.4 Structural members; Sec. 304.6 Exterior Walls and
Sec.304.7 Roofs and drainage.
C. 131 Belvedere Street, Thomas J. Bennett, Jr., Case #13-554: violation of
International Property Maintenance Code, Sec. 304.2 Protective Treatment; Sec. 304.4
Structural members; Sec. 304.6 Exterior Walls; Sec. 304.7 Roofs and drainage and Sec.
301.3 Vacant Structures and Land.
Ms. White stated there are two cases on this property. Ms. White stated for the first Case #13-
185, the Notice of Violation was sent on 3/26/13 and received/signed for on 3/27/13. Ms. White
stated the house has been vacant since 6/6/11; stating ownership was determined by the tax
records for Duval County; her inspection was prompted by a complaint; proper notice was
achieved by certified mail in accordance with F.S. 162; and she has spoken with someone in
control of the property, Mr. Bennett.
Ms. White stated the second Case #13-554 is for the same property, 131 Belvedere Street. Ms.
White stated Mr. Bennett had informed her that the property was in foreclosure, and a copy of
the Notice of Violation was subsequently sent to his mortgage company, J. P. Morgan Chase
Bank. Ms. White stated the Notice of Violation was re-sent to Mr. Bennett on 10/2/13 and
received/signed for on 10/04/13. Ms. White stated both cases are for the same violations. She
stated when she initially sent the first Notice of Violation, Mr. Bennett was working with her to
try and correct the violations. She stated Mr. Bennett later informed her that all of his properties,
except for his residence, are in foreclosure. Ms. White stated the reason she sent the second
Notice of Violation, with a copy to the mortgage company was because his time had run out.
Ms. White presented photos of the property and stated a representative from the bank is present
and would like to address the Board.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by achieving full compliance with all noted violations by 3/14/14, or a fine of$100.00
be imposed for the first day and $100.00 for every day thereafter the violation continues to exist.
In addition, any fine shall also include the administrative costs to the City incurred in prosecuting
this case. The property owner is responsible for contacting the City Code Enforcement Officer
and obtaining an inspection of compliance.
Mr. Luthringer asked if her recommendation applies to both cases, and Ms. White stated yes.
The witness came to the podium, stating her name, Beverly Clarke, an attorney with Choice
Legal Group, the law firm that represents J. P. Morgan Chase. The witness stated the law firm
was retained to represent the bank in the foreclosure action against Mr. Bennett. Ms. Clarke
stated she had just been informed today that there is an active bankruptcy hold because Mr.
Bennett is in the military. Ms. Clarke stated she spoke to Ms. White before the meeting and Ms.
White informed her that Mr. Bennett is an 85 year old gentleman, so it is not possible he is in the
military. Ms. Clarke stated she plans to inform the law firm tomorrow that they need to institute
this foreclosure action, as there is no reason to further delay.
Mr. de Luna stated he was not sure why they needed two cases, as Ms. White's recommendation
and the violations were the same. Ms. White stated she did not close the first case because Mr.
Draft Minutes of the Code Enforcement Board on January 14, 2014 Page 4 of 10
Bennett did not come into compliance. Ms. White stated when she found out it was J. P. Morgan
Chase, she re-sent the Notice of Violation and it was given a new case number. Ms. White stated
they should have just re-sent the Notice with the original case number. Mr. Luthringer asked if
they should just merge the cases in their motion. Ms. White stated that is what she would
recommend, and issue one Order with two case numbers. Mr. de Luna concurred. Mr.
Luthringer asked the witness if the bank was going to make repairs, and Ms. Clarke stated no.
Discussion ensued.
Motion: The Board adopts the staff recommendation with the compliance date of 3/14/14
and that the two cases #13-185 and #13-554 be merged into one and considered under the
one Order.
Moved by Luthringer, Seconded by Coplan
The motion was approved unanimously.
D. 132 Belvedere Street, Thomas J. Bennett, Jr., Case #13-724: violation of
International Property Maintenance Code, Sec. 302.4 Weeds; Sec. 304.10 Stairways, decks,
porches and balconies; Sec. 304.12 Handrails and guards; Sec. 304.3 Premises
identification; Sec.304.6 Exterior Walls and Sec.304.7 Roofs and drainage.
Ms. White presented the case, stating the Notice of Violation was sent on 9/30/13 and was
received/signed for on 10/2/13; ownership was determined by the tax records for Duval County;
her inspection was prompted by a complaint; proper notice was achieved by certified mail in
accordance with F.S. 162; and she has spoken with someone in control of the property, Mr.
Bennett, and the tenant, Bonnie Brown.
Ms. White presented photos of the property, stating this property has no water or electricity, but
Ms. Brown is still residing on the property with her children. Ms. White stated the porch and
balcony are collapsing; the roof has rusted flashing and is leaking; the stairway is rotted and
leaning and the yard is overgrown. Ms. White stated this property is also in foreclosure.
Discussion ensued.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by achieving full compliance with all noted violations by 3/14/14, or a fine of$100.00
be imposed for the first day and $100.00 for every day thereafter the violation continues to exist.
In addition, any fine shall also include the administrative costs to the City incurred in prosecuting
this case. The property owner is responsible for contacting the City Code Enforcement Officer
and obtaining an inspection of compliance.
Ms. Harless asked if they were also merging these two cases. Ms. White stated no, explaining
when she sent the original Notice of Violation she had not gotten a good look at the deck. She
stated she subsequently received a complaint from a neighbor who brought the condition of the
deck to her attention. Ms. White stated it is in very poor condition. She stated she sent another
letter adding two more violations, which were critical. Ms. White stated she would recommend
dealing with this case first, and then hear the second case. Mr. de Luna stated it is the same
property with different violations, and Ms. White stated yes. Mr. Luthringer asked if the only
reason she did not want to merge the cases is because she feels the more critical case should be
corrected sooner, and Ms. White stated yes. Mr. Luthringer stated, since the bank or Mr. Bennett
are probably not going to make any repairs, he felt we should merge the cases and give the
Draft Minutes of the Code Enforcement Board on January 14, 2014 Page 5 of 10
earlier compliance date. Ms. White agreed, stating this is the situation we are dealing with for all
of Mr. Bennett's cases. Discussion ensued.
Ms. Harless stated she was concerned that there were people living in a dilapidated building
without water or electricity. She stated, in Ocala, if you had your power turned off, you had to
leave the premises. Ms. Harless asked Mr. Griffin if that applies in Atlantic Beach. Mr. Griffin
stated we would need to have a place to relocate the people. Mr. Griffin stated Ocala may have
had a Housing Authority or someplace to relocate. He stated the City can post the building, as
being unsafe or dangerous, but we cannot make anybody leave. Mr. Griffin stated if there are
children there, we can contact the Department of Family Services to remove the children. He
stated if adults are living in a structure without electricity or water, we cannot force them out.
Discussion ensued regarding the City's liability. Mr. Griffin stated the City was doing what it
was supposed to do by contacting the owner and informing them of the condition of the building.
Ms. Harless asked if the City could make the call to the Department of Family Services, and Mr.
Griffin stated that has already been done.
Motion: The Board adopts the staff recommendation in Case #13-724 with the exception
that the date of compliance be changed to 1/31/14, and that the Board adopts the staff
recommendation in Case #13-860, as drafted, and that the two cases be merged under one
Order.
Moved by Luthringer
Mr. de Luna stated Ms. White has not presented the other case yet.
Mr.Luthringer withdrew his motion.
Ms. Harless asked Ms. White to present the next case. Ms. White asked if the Board wanted to
make a motion on the current case, and Mr. de Luna stated they would just combine them.
E. 132 Belvedere Street, Thomas J. Bennett, Jr., Case #13-860: violation of
International Property Maintenance Code, Sec. 304.4 Structural members; Sec. 304.12
Handrails and guards and Sec.304.10 Stairways, decks,porches and balconies.
Ms. White presented the case, stating the Notice of Violation was sent on 9/30/13 and was
received/signed for on 10/2/13; ownership was determined by the tax records for Duval County;
her inspection was prompted by a complaint; proper notice was achieved by certified mail in
accordance with F.S. 162; and she has spoken with someone in control of the property, the
tenant, Bonnie Brown.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by repairing/replacing the second story deck, stairs and railing and the roof on the
porch in the rear by 1/31/14, or a fine of$100.00 be imposed for the first day and $100.00 for
every day thereafter the violation continues to exist. In addition, any fine shall also include the
administrative costs to the City incurred in prosecuting this case. The property owner is
responsible for contacting the City Code Enforcement Officer and obtaining an inspection of
compliance. (Permits are required by a licensed Florida contractor to repair/replace the deck,
stairs,railing and roof.)
Draft Minutes of the Code Enforcement Board on January 14, 2014 Page 6 of 10
Ms. Coplan asked if the City would be able to post the building with a notice stating that it is an
unsafe structure, or some type of visible notification to that effect, and Mr. Griffin stated we
could do that.
Mr. Luthringer stated he would like to renew his withdrawn motion as stated on the record.
Motion: The Board adopts the staff recommendation in Case #13-724 with the exception
that the date of compliance be changed to 1/31/14, and that the Board adopts the staff
recommendation in Case #13-860, as drafted, and that the two cases be merged under one
Order.
Moved by Luthringer, Seconded by Hagist
The motion was approved unanimously.
Ms. Harless reiterated the request to post the building as a precautionary measure.
F. 133 Belvedere Street, Thomas J. Bennett, Jr., Case #13-725: violation of
International Property Maintenance Code, Sec. 302.1 Sanitation; Sec. 302.4 Weeds; Sec.
304.2 Protective Treatment; Sec. 304.13.1 Glazing; Sec. 304.15 Doors; Sec. 304.6 Exterior
Walls and Sec.304.7 Roofs and drainage.
Ms. White presented the case, stating the Notice of Violation was sent on 9/30/13 and was
received/signed for on 10/2/13; ownership was determined by the tax records for Duval County;
her inspection was prompted by a complaint; proper notice was achieved by certified mail in
accordance with F.S. 162; and she has spoken with someone in control of the property; the tenant
in Unit 133, Eric Fromme; Becky Christiansen, David Marzanek, Emma Hawkins and Marcus
Coleman with Safeguard Properties; Victoria Grimm, with Chase Bank; and Greg Olson with
U.S. Bank.
Ms. White stated she has 2 case numbers for this property. Ms. White stated we started with a
list of violations, and while waiting for compliance there was an incident where the property got
worse, and she would explain when she presents the next case.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved with full compliance with all violations by 1/14/14, or a fine of$100.00 be imposed for
the first day and $100.00 for every day thereafter the violation continues to exist. In addition,
any fine shall also include the administrative costs to the City incurred in prosecuting this case.
The property owner is responsible for contacting the City Code Enforcement Officer and
obtaining an inspection of compliance.
Ms. White presented photos of the property, stating 133 is currently occupied and 135 is vacant.
Ms. White stated the yard is overgrown and, after the initial Notice was sent, the tenant busted
out all the windows, which made it more critical that they take action. Ms. White stated, after
notifying all the people she listed, she finally talked the bank into boarding up the windows. Ms.
White stated the door is off the hinges, the building needs to be painted,there is rotted siding and
the roof is in poor condition.
G. 133 Belvedere Street, Thomas J. Bennett, Jr., Case #13-735: violation of
Atlantic Beach City Code, Sec. 24-173 Neighborhood Preservation and property
maintenance standards; violation of International Property Maintenance Code, Sec. 109.2
Draft Minutes of the Code Enforcement Board on January 14, 2014 Page 7 of 10
Temporary Safeguards; Sec. 108.1.3 Structure unfit for human occupancy; Sec. 302.1
Sanitation; Sec. 304.13 Window, skylight and door frames; Sec. 304.13.1 Glazing; Sec.
301.3 Vacant Structures and Land and Sec.302.4 Weeds.
Ms. White presented the case, stating the Notice of Violation was sent on 10/7/13 and was
received/signed for on 10/8/13; ownership was determined by the tax records for Duval County;
her inspection was prompted by a complaint; proper notice was achieved by certified mail in
accordance with F.S. 162; and she has spoken with someone in control of the property; the tenant
in Unit 133, Eric Fromme; the previous tenant in Unit 135, Greg; Becky Christiansen, David
Marzanek, Emma Hawkins and Marcus Coleman with Safeguard Properties; Victoria Grimm,
with Chase Bank; and Greg Olson with U.S. Bank.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved with full compliance with all violations by 1/14/14, or a fine of$100.00 be imposed for
the first day and $100.00 for every day thereafter the violation continues to exist. In addition,
any fine shall also include the administrative costs to the City incurred in prosecuting this case.
The property owner is responsible for contacting the City Code Enforcement Officer and
obtaining an inspection of compliance.
Ms. White stated there were some additional violations added to this case after the windows were
broken and the unit became wide open to transients.
Motion: The Board consolidates the Cases #13-725 and #13-735 and adopts the staff
recommendation as stated.
Moved by de Luna, Seconded by Coplan
The motion was approved unanimously.
H. 1227 Violet Street, Thomas J. Bennett, Jr., Case #13-727: violation of
International Property Maintenance Code, Sec. 304.7 Roofs and drainage.
Ms. White presented the case, stating the Notice of Violation was sent on 9/30/13 and was
received/signed for on 10/2/13; ownership was determined by the tax records for Duval County;
her inspection was prompted by a complaint; proper notice was achieved by certified mail in
accordance with F.S. 162; and she has not spoken with someone in control of the property. Ms.
White presented photos of the property stating the property is occupied and also in foreclosure.
Ms. White stated the roof is in poor condition with rotted eaves and no flashing.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by repairing/replacing the roof, eaves, drip edge and soffit with permits by licensed
State of Florida contractors by 3/14/14, or a fine of $100.00 be imposed for the first day and
$100.00 for every day thereafter the violation continues to exist. In addition, any fine shall also
include the administrative costs to the City incurred in prosecuting this case. 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 Luthringer, Seconded by Stinson
The motion was approved unanimously.
Draft Minutes of the Code Enforcement Board on January 14, 2014 Page 8 of 10
I. 900 Plaza, Sea Oats Acquisitions, LLC, Case #13-598: violation of
International Property Maintenance Code, Sec. 304.10 Stairways, decks, porches and
balconies; Sec. 304.12 Handrails and guards; Sec. 304.4 Structural members; Sec. 304.7
Roofs and drainage and 305.4 Stairs and walking surfaces.
Ms. White presented the case, stating the Notice of Violation was sent on 9/20/13 and was
received/signed for on 9/24/13; ownership was determined by the tax records for Duval County;
her inspection was prompted by a complaint; proper notice was achieved by certified mail in
accordance with F.S. 162; and she has spoken with someone in control of the property. Ms.
White stated she initially walked the property with Jamie, the maintenance man for the owner
and contractor, and Amanda, the property manager. Ms. White stated she also had a visit today
with Jennifer Mathis,who is the property owner's representative.
Ms. White presented photos of the property, stating these are the Sea Oats Plantation
Apartments. Ms. White stated there are issues with the second floor balconies and stairs that
need to be addressed. Ms. White stated there are guardrails missing, loose handrails, rotted
wooden stairs, missing concrete, exposed rebar and several other issues. Ms. White stated she
has attached an Exhibit for the Board to review. She stated when she initially inspected the
property on 8/1/13 she walked the entire complex and listed what needed to be done on each
individual building. Ms. White stated the attached Exhibit is a detailed list of the violations,
some of which have been corrected.
Staff recommends the Board find the property owner in violation and orders that full compliance
be achieved by obtaining permits by a State of Florida licensed contractor to make and complete
all required repairs and obtain an approved final inspection by 3/17/14, or a fine of$100.00 be
imposed for the first day and $100.00 for every day thereafter the violation continues to exist. In
addition, any fine shall also include the administrative costs to the City incurred in prosecuting
this case. The property owner is responsible for contacting the City Code Enforcement Officer
and obtaining an inspection of compliance. Ms. White stated Ms. Mathis is present and would
like to address the Board.
The witness came to the podium stating her name and who she is representing, Jennifer Mathis,
representing American Management Group, which owns Sea Oats Acquisitions. Ms.
Mathis stated they purchased the property last summer and have hired a licensed contractor,
Trunnell Construction. Ms. Mathis stated they have some extensive renovations to do and she
has been told the work will be completed no later than 6/30/14. Discussion ensued.
Motion: The Board adopts the staff recommendation with the exception that the date of
compliance be chanced to 6/30/14.
Moved by Coplan, Seconded by Luthringer
The motion was approved unanimously.
J. 1820 1 Mayport Road, Ossi Klotz LLC, Case #13-793: violation of Atlantic
Beach City Code, Sec. 20-52 Levy.
Ms. White stated she is withdrawing this case without prejudice.
K. 689 Main Street, Carey Lynn Spillert Et Al, Case #13-848: violation of
International Property Maintenance Code, Sec. 302.8 Motor Vehicles.
Draft Minutes of the Code Enforcement Board on January 14, 2014 Page 9 of 10
Ms. White presented the case, stating the Notice of Violation was sent on 11/19/13 and was
returned unclaimed, and Notice of Violation was posted on the property on 12/3/13; ownership
was determined by the tax records for Duval County; her inspection was prompted by a routine
survey; proper notice was achieved by certified mail in accordance with F.S. 162; and she has
not spoken with someone in control of the property. Ms. White presented photos of the property
stating the vehicle in question is a white Ford Explorer with an expired tag.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by obtaining a valid tag, repairing or removing the unlicensed, inoperable white Ford
Explorer from the property by 1/31/14, or a fine of $100.00 be imposed for the first day and
$100.00 for every day thereafter the violation continues to exist. In addition, any fine shall also
include the administrative costs to the City incurred in prosecuting this case. 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 Luthringer, Seconded by Hagist
The motion was approved unanimously.
L. 800 Cavalla Road, John Wilburth, Case #13-859: violation of International
Property Maintenance Code, Sec. 304.10 Stairways, decks, porches and balconies and Sec.
304.4 Structural members.
Ms. White stated she is withdrawing the case, as there was no service.
5. Miscellaneous Business
None.
6. Adjournment
There being no further discussion, the meeting adjourned at 7:55 p.m.
Veda Harless, Chair
Dayna L. Williams, Secretary
Draft Minutes of the Code Enforcement Board on January 14, 2014 Page 10 of 10