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Agenda Packet CEB 7-8-14.pdfCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 6:00 P.M., JULY 8, 2014 Call to Order Pledge of Allegiance to the Flag Roll Call 10 Approve the Minutes of the Regular Meeting of March 11, 2014. 2. Administration of Oath to Defendants/Witnesses, 3. Old Business A. Darryl Lamar & Lacreshia D Harris, Request for Rehearing. 44 Jackson Road, Case #12 -612: violation of International Property Maintenance Code, Sec. 301.3 Vacant Structures and Land, Sec. 304.2 Protective treatment, Sec. 304.7 Roofs and Drainage and Sec. 604.3 Electrical System Hazards. 4. New Business A. 457 Sailfish Drive, Benjamin Brown, Jr., Case #14 -920: violation of Atlantic Beach City Code, Sec. 24 457 Fences, walls and similar structures, Sec. 24 473 Neighborhood preservation and property maintenance standards and Sec. 24463(b) Recreational vehicles stored or parked. B. 1365 Rose Street, Thomas J. Bennett, Case #14 -953: violation of Atlantic Beach City Code, Sec. 24 -154 Outside storage. C. 831 Jasmine Street, Gabor Kiraly, Case #14 -972: violation of International Property Maintenance Code, Sec. 302.8 Motor vehicles. D. 265 Jasmine Street, Nathan Whelchel, Case #14 -974: violation of Atlantic Beach City Code, Sec. 24- 163(b) Recreational vehicles stored or parked. E. 1512 Jordan Street, Aggressive Holdings, Inc., Case #14 -976: violation of International Property Maintenance Code, Sec. 302.8 Motor vehicles and violation of Atlantic Beach City Code, Sec. 24463(b) Recreational vehicles stored or parked. F. 1365 Violet Street, Federal National Mortgage Association, Case #14 -994: violation of International Property Maintenance Code, Sec. 302.4 Weeds G. 389 Sargo Road, Sean Broughton, Case #14 -996: violation of International Property Maintenance Code, Sec. 302.8 Motor vehicles. H. 1339 Rose Street, Mark Franzoni, Case #14 -1006: violation of Atlantic Beach City Code, Sec. 24 454 Outside storage. I. 95 W 2 °d Street 95 -97, Kevin Bennett, Case #14 -1022: violation of International Property Maintenance Code, Sec. 302.4 Weeds and Sec. 302.8 Motor vehicles. 59 Miscellaneous Business None 6. Adjournment DRAFT CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES 6:00 P.M. — March 11, 2014 IN ATTENDANCE: Veda Harless, Chair Ian Luthringer, Vice Chair John Stinson Benjamin de Luna Louis Keith (arrived at 6:14 p.m.) Richard Lombardi, Alternate ABSENT: Juliette Hagist (Excused) Meade Coplan (Excused) Richard Komando, City Attorney Deborah White, Code Enforcement Officer Dayna Williams, Secretary Chair Veda Harless called the meeting to order at 6:04 p.m., followed by the Pledge of Allegiance to the Flag. Chair Harless introduced Rich Komando, the City Attorney, and invited him to speak to the Board. Mr. Komando stated he was happy to be here and to please let him know if there is anything he can do to help the Board during the meeting, as well as any time in between. Chair Harless stated our regular Board member, Juliette Hagist, has sold her home and is no longer a resident of Atlantic Beach, so she has stepped down. Ms. Harless stated we have a Board member, Louis Keith, who may arrive late and asked if he is not present at 6:00 p.m. is he able to come back up in the interim, after we have voted on something else. City Attorney Rich Komando stated if the Board is mid - process he should listen to everything before a vote is taken, and after a vote is taken he may join you. 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 January 14, 2014. Moved by de Luna, Seconded by Stinson The motion was approved unanimously. 2. Administration of Oath to Defendants/Witnesses Chair Veda Harless gave the oath to the defendants and witnesses. Item 4F was taken out of sequence and acted on at this time. 4F. 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. Code Enforcement Officer Debbie White presented the case, stating the Notice of Violation was sent on 1/21/14 and received /signed for on 2/2/14, stating the violation is Section 24 -163 (3) Recreational vehicles, travel trailers or motor homes shall not be inhabited or occupied, either temporarily or permanently while parked or stored in any area except in a trailer park designated for such use as authorized with this chapter. Ownership of the property 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. Ed Sparks, Ms. Sparks' son. Ms. White presented photos of the property stating Ms. Sparks has a son who likes to stay in the trailer. Mr. Lombardi asked if the violation was for the storage of the trailer, or because it is inhabited. Ms. White stated because it is inhabited. Staff recommends the Board find the property owner in violation and orders that compliance be achieved by ceasing any and all occupancy of the travel trailer immediately 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. Sparks has been trying to sell the trailer, but has yet to find a buyer. Ms. White stated the Sparks were present and would like to address the Board. Ms. Sparks came to the podium and explained she has a son who is mentally ill and believes the trailer is his home. Ms. Sparks stated she has tried to get her son to move in the house, but he will not do what she has asked him to do. Ms. Harless asked the witness if she locked the trailer, and the witness stated they were going to sell it, but her son will go in a rage when they do. Mr. Ed Sparks came to the podium and explained they are attempting to sell the trailer and there will be room for his brother in the house because his other brother will be moving out. Mr. Sparks stated his brother is fine with moving into the house. He stated the problem is that as long as the trailer is still on the property his brother will continue to use it. Mr. Sparks stated until the trailer is gone, they are going to have a difficult time getting his brother to comply. Mr. Sparks stated they were asking for a little more time. Ms. Harless asked the witness when the other brother would be moving out and the witness stated within the next 30 days. Mr. Luthringer asked the witness how much time are they requesting and Mr. Sparks stated between 30 and 90 days. Discussion ensued. Motion: The Board adopts the staff recommendation, except that instead of compliance being obtained immediately, the property owner be afforded 30 days to come into compliance. Moved by Luthringer, Seconded by Stinson Mr. de Luna asked the witness if 30 days would be enough time, and Mr. Sparks stated they were hoping for a little more time. Mr. de Luna asked if 60 days would be better, and the witness stated yes. Mr. Luthringer withdrew his motion. Motion: The Board adopts the staff recommendation, except that compliance need not be obtained immediately, but must be obtained within 60 days, May 11, 2014. Moved by Luthringer, Seconded by de Luna The motion was approved unanimously. Draft Minutes of the Code Enforcement Board on March 11, 2014 Page 2 of 7 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. Code Enforcement Officer Debbie White presented the case, stating this is a rehearing request by Mr. Thomas on the accrued fine. Ms. White stated this case was originally started by Code Enforcement Officers Alex Sherrer, Eddie Lopez and Kathy Stiles. Ms. White stated the only interaction she has had is to find Mr. Thomas in compliance. Ms. White stated a Notice of Violation was sent on 11/19/09 and the property was posted on 2/11/10; ownership was determined by the tax records for Duval County; the inspection, based on the paperwork, was prompted by a complaint; proper notice was achieved in accordance with F.S. 162 by posting of the property and she has spoken with someone in control of the property, Mr. Thomas and Frank Tassone. Ms. White stated she provided the Board with a breakdown of the current fines accrued, stating the total fine is $132,129.35. Ms. White stated liens were placed on the property and she has recently started sending out notices on old and new code enforcement fines. She stated Mr. Thomas is now in compliance, so the fine has stopped. She stated she sent Mr. Thomas a notice and he came to speak with her and she explained the process for him to appeal the fine. Ms. White stated she has provided the Board with Exhibits A -1 and A -2, outlining a background chronology of the case based on the information she had in the file. She stated Exhibit B is the Affidavit of Compliance she sent to Mr. Thomas dated 11/14/13. She stated Exhibit C is a copy of the letter from Mr. Thomas requesting the rehearing. She stated Mr. Thomas is present and would like to address the Board. Discussion ensued regarding the case history and background information Ms. White provided to the Board. Staff recommends the Board find the property owner in compliance and orders the accrued fine be reduced to $250.00 with the condition the fine be paid in full on or before June 30, 2014. If the fine is not paid in full by June 30, 2014 the original fine will be reinstated. The witness came to the podium stating his name and address, Davie Thomas, 872 Bonita Road, and provided his testimony. Discussion ensued regarding the case history. Motion: The Board adopts the staff recommendation. Moved by Luthringer, Seconded by Keith City Attorney, Rich Komando, provided some legal background, stating Florida Statute clearly outlines what the notice of requirements are in any type of code enforcement violation. Mr. Komando stated, being that Ms. White has taken over the file from someone else, we have to rely upon the work that was completed by the employees prior to her. He stated, when you look at Section 162.12, which is the Florida Statute referencing notice, Sub - Section (1)(a) requires certified mail, which was done. However, he stated, the last part of that Section says that if the certified mail is not picked up within 30 days, we have to resort to what is referred to as alternate service. Mr. Komando stated, under alternate service there needs to be a posting in two places. He stated posting has to be at the property and at City Hall and following the posting of both properties an affidavit needs to be completed. He stated the affidavit needs to indicate that posting occurred at both places. Mr. Komando stated his quick review of the file identifies that Draft Minutes of the Code Enforcement Board on March 11, 2014 Page 3 of 7 posting did take place at the residence but there is no indication that posting took place at City Hall. Mr. Komando stated it may have occurred, however, he wants to caution the Board we are not in a legally defensible position in regards to this lien. Ms. Harless stated Ms. White has come in and is making great strides to streamline our notices, to follow up what has happened, and going forward, make sure we do not have these scenarios where we have hearings for reductions in fines. Ms. Harless stated she errs on the side of Ms. White because she is there doing the work, she respects her opinion and will go with her recommendations 99% of the time. Ms. Harless stated, in this instance she goes with Ms. White's recommendation of the $250.00 fine. Mr. de Luna thanked Mr. Komando for the information and stated we needed to have that before our discussion. Mr. de Luna stated he would appreciate next time we get that information before the discussion. Mr. de Luna stated it may be the City is not entitled to anything and the fine becomes zero instead of $250.00. Mr. Stinson concurred, stating it is not defensible at $250.00 or $1,000.00 or $125,000.00. Discussion ensued. Mr. de Luna stated our authority and jurisdiction is not to do settlements; our jurisdiction is to find a violation and assess a fine. Mr. de Luna stated we do not have proof the procedures in the law have been followed, therefore he would recommend we go to zero. Ms. Harless stated she disagreed because the $250.00 fine is going to cover the lengthy administrative costs. Ms. Harless asked the witness if he was comfortable with the $250.00 fine to be paid in full by June 30, 2014, and the witness stated yes. Ms. Harless stated she felt that is a happy medium. Votes: Aye: - Luthringer, Harless, Lombardi Nay, - de Luna, Stinson, Keith Motion Failed Motion: The Board moves the staff recommendation be supported to the extent that there was a violation, but there cannot be a fine. The fine is zero. Moved by de Luna, Seconded by Stinson Votes: Aye: - Harless, Lombardi, de Luna, Stinson, Keith Nay. - Luthringer Motion Passed Ms. Harless stated her appreciation to Ms. White for bringing to task, tying up loose ends, and being a lot more efficient and in compliance with whatever statutes and protocols need to happen. Mr. de Luna stated we have an outstanding officer in Ms. White, adding, she is just out of this world. 4. New Business A. 469 Atlantic Boulevard, Diamond Real Estate Properties, Case #13412: violation of Atlantic Beach City Code, Sec. 20 -52 Levy. Ms. White stated she is withdrawing the case, as the Fire Department red - flagged this location and it is not an issue at this point. Draft Minutes of the Code Enforcement Board on March 11, 2014 Page 4 of 7 B. 1830 Mayport Road, Ossi Klotz LLC, Case #13 -793: violation of Atlantic Beach City Code, Sec. 20 -52 Levy. Ms. White presented the case, stating the Notice of Violation was sent on 10/28/13 and received /signed for on 10/30/13; the violation is Chapter 20 Business Tax Receipts. Ms. White stated, to refresh the Board's memory, this case was brought before them at the last Code Enforcement Meeting and there was some discussion about notices being sent to the property owner. She stated Mr. Komando will address the issue for the Board. Ms. White stated 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 spoken with someone in control of the property, the property manager, Mark Farrell, Carol with Ossi Klotz and Lacey, the tenant and operator of Touch of Class Auto Detail. Staff recommends the Board find the property owner in violation and orders that compliance be achieved by obtaining an Atlantic Beach Business Tax receipt or cease business at this location by 3/31/14, 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. Ms. White presented photos of the property and discussion ensued. Ms. White reiterated that Mr. Komando was present to address the issue with citing the property owner for business tax receipts. Mr. de Luna stated he would like to hear from the attorney regarding this issue. Mr. Komando stated, generally, the practice is that code enforcement violations go against the property because someone who is a tenant or renting generally does not have anything to attach to. Mr. Komando stated many property owners, when they lease property, have provisions in their lease agreements. He stated the most common one is if somebody commits a criminal act, which is a basis to consider a violation of lease and something that someone can be evicted for. Mr. Komando stated a business tax or complying with local laws and regulations are consistent with that concept, where it is up to the property owner to ensure that people in their property are not committing any rule violations or crimes. He stated that is the basis for why we seek some kind of remedy from the property owner as opposed to the actual person who is within the property. Mr. de Luna stated the Statute does not say what Mr. Komando just said. Mr. de Luna stated the Statute is pretty clear and asked if Mr. Komando had a case law to support what he just said. Mr. Komando stated he has not done the research on that yet, and Mr. de Luna said he felt it was important that we get an answer to that, as we will have more of these come up. Mr. de Luna stated he could not come to the same conclusion and read part of Section 20- 52(1); "Any person who maintains a permanent business location ". He further stated the owner is not in the business of whatever this is, they are in the business of renting the property. Mr. de Luna stated there has to be another Statute to bring the property owner in secondary liability, maybe, but this Statute does not do it for him. Mr. Komando asked Mr. de Luna if he was referring to the Code Ordinance Chapter 20, so they were clear on what he was asking (Mr. Komando) to research for him, and Mr. de Luna stated correct. Mr. Komando stated he believed it was indicated under Chapter 162 in the enforcement procedures for code enforcement, but he would get the answer. Mr. de Luna stated that was the notice procedure. Mr. Komando stated sub - section (1) (2) is the notice procedure; the whole chapter provides the outline for enforcement and how the process is to take place for pre - violation, the first hearing and the second hearing, as well as imposing a lien against the Draft Minutes of the Code Enforcement Board on March 11, 2014 Page 5 of 7 property. Mr. de Luna said okay and he guesses you have to tie that in with the chapter we are asserting. Mr. Komando stated we do, adding, even though we pass local code ordinances we are still required to adhere to the Florida Statutes. Mr. de Luna stated yes, for enforcement purposes, but we still have to get that there is a violation of the code of our ordinances. Mr. Luthringer stated under Chapter 20 -52, we know there is a violation, we just want to see something that attaches this violation to the property, so then it becomes the liability of the owner of the property. Mr. de Luna stated correct, and Mr. Komando stated he would find an answer to that. Mr. de Luna stated that is what he is struggling with. Discussion continued. Mr. Luthringer stated since Mr. Komando is researching the issue, could we defer this to the end of the meeting and Ms. White said yes. 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. Ms. White presented the case, stating the Notice of Violation was sent on 12/17/13 and received /signed for on 12/21/13; the violations are of International Property Maintenance Code, Section 304.4 Structural members and Section 304.7 Roofs and drainage; ownership was determined by the tax records; 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 stated this property was one of the properties that belonged to Mr. Thomas Bennett, but the bank has title to the property now. Ms. White presented photos of the property stating there are rotten posts and the roof is in extremely bad shape. Staff recommends the Board find the property owner in violation and orders that permits be obtained by a Florida licensed roofing and building contractor to replace the roof and repair the eaves, soffit, posts and complete all work and obtain a final inspection and full compliance by 4/30/14, or a fine of $150.00 be imposed for the first day and $150.00 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. Moved by Luthringer, Seconded by de Luna The motion was approved unanimously. 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. Ms. White stated she is withdrawing the case, as they are in compliance. E. 907 Stocks Street, Linda A Giachetto, Case #13 -907: violation of International Property Maintenance Code, Sec. 302.8 Motor vehicles. Ms. White stated she is withdrawing the case, as there was no service. 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. This item was taken out of sequence and acted on earlier in the meeting. Draft Minutes of the Code Enforcement Board on March 11, 2014 Page 6 of 7 Mr. Luthringer asked Mr. Komando if he had an answer on the research question. Mr. Komando stated when reviewing Chapter 162 there are a number of areas where it refers to the owner. He stated, in fact it makes special provisions as to if an owner tries to transfer the property, the obligation falls to the purchaser of the property. Mr. Komando stated every indication in the Chapter supports the violation would be against the property owner, and that is found under Chapter 162.06, which is the enforcement procedure. He continued, stating the provision he is referring to is Sub - Section (5) (a) through (d). Mr. Komando stated separate from that provision, there is also a case out of the Third District Court of Appeals, which is South Florida; where Monroe County vs. Sandra Carter also finds their enforcement ability refers to a landlord and a tenant; and in that case the landlord was responsible for the tenant's actions. Mr. de Luna stated he would like to see Mr. Komando do a little more in -depth research in terms of the business tax. Discussion ensued. Ms. Harless asked Mr. de Luna if he felt comfortable voting tonight on this case. Mr. Luthringer stated he believed we would need to have a motion and vote and Mr. de Luna could either agree or disagree. Ms. Harless concurred and stated let's move forward, and asked Mr. Komando to continue to research the issue and Mr. Komando stated he would. Motion: The Board adopts the staff recommendation. Moved by Luthringer, Seconded by Lombardi Discussion ensued. The motion was approved unanimously. 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 March 11, 2014 Page 7 of 7 Code Enforcement Officer Statement Property Owner: Darryl Lamar and Lacreshia Harris 1159 Dorwinion Dr., Jacksonville, FL 32225 Case # 12- 00000612 Location: 44 JACKSON IM 44 JACKSON ROAD PT GOVT LOT 3 RECD O/R Real Estate # 172073 -0000 NOTICE OF VIOLATION: August 28, 2014 NOTICE OF VIOLATION RECEIVED /SIGNED FOR: September 10, 2012 VIOLATIONS Violation Description IPMC Sec. 301.3 Vacant Structures and Land All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. Violation Description 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. Violation Description IPMC Sec 304.2 Protective treatment. All exterior surfaces including but not limited to, doors and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosions and all surface with rust or corrosion and shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. Violation Description Sec. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacles and lighting outlets, improper wiring or installation deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other The inspection was prompted by: 1. ❑ Complaint X Routine Survey ❑ Other 2. Proper Notice was achieved in accordance with F.S. 162 by: x Certified Mail ❑ Hand Delivery ❑ Posting of Property 3. I X have ❑ have not spoken with someone in control of the property. Mr. & Mrs. Harris 4. Description of violation: (Photos) BACKGROUND 7 -26 -12 Inspection reveals violations 8 -2 -12 Photos taken 8 -28 -12 Notice of violation prepared and mailed to owners 9 -10 -12 Notice of violation received 10 -11 -12 Spoke to Mrs. Harris 11 -14 -12 Spoke to Mrs. Harris, answered roofing questions, advised permit and licensed Contractor required 12 -4 -12 Re- inspection of property, violations same, photos taken 12 -12 -12 Notice of hearing received /signed for. 1 -8 -13 Code Enforcement Board finds owner in violation with compliance on or before July 8, 2013 or a $100.00 per day fine will be imposed (copy of order attached) 7 -8 -13 Property re- inspected and found in violation (affidavit of non - compliance) Photographs taken and letter sent to property owners on ten day appeal process of Code Officer's findings. 7 -19 -13 No appeal, Fine imposed on property at $100.00 per day 9 -27 -13 Roofing permit issued 1 -14 -14 Spoke to Mr. Harris on remaining violations, says they are all corrected. Advised Mr. Harris he needs the services of a Florida licensed electrical contractor so the Property can be inspected for compliance. (electrical work done on service and meter can without a permit) 1 -21 -14 Electrician obtains permit 2 -5 -14 Approved final electrical inspection for power and repairs 2 -24 -14 Mr. Harris requests a re- inspection for compliance. Property inspected and Property remains overgrown, boarded window, etc. 4 -8 -14 Spoke to Mr. Harris, says all items have been corrected 4 -9 -14 Re- inspection reveals property in compliance. Fine Stopped, affidavit of Compliance 4 -16 -14 Affidavit of compliance prepared, (fine stopped on effective 4 -7 -14 ) 6 -9 -14 Letter requesting rehearing to address accrued fines from Mrs. Harris 6 -11 -14 Roof permit final inspection approved RECOMMENDATION: Staff recommends the Board find the property owner in compliance and order that the accrued fine of $27,895.40 to be reduced to $2,500.00 under the condition that total fine be paid in full on or before December 31, 2014 or the original fine will be reinstated including interest. MOTION: Board find the property owner in violation and order that compliance be achieved by (insert action needed) by (date) or a fine of $ be imposed for the first day and $ for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Attachment: Board Order from Hearing January 8, 2014 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,-FLORIDA, Petitioner CASE # 61212 vs. FIRST CLASS MAID AND Darryl Lamar and Lacreshia D. Harris Respondent CERTIFIED MAIL RETURN RECEIPT REQUESTED 70101870 0002 0629 6645 44 Jackson Road Mailing Address: 1159 Dorwinion Drive Atlantic Beach, FL 32233 Jacksonville, FL 32225 Description: Pt Govt Lot 3 Recd O/R 15481 -1444 RE# 172073 -0000 • : i : 111.1_' _ 1►�!'i�11►1U1 THIS CAUSE came for public hearing before the Code Enforcement Board on January 8, 2013 and the -Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT 1. That the Respondent Darryl Lamar and Lacreshia D. Harris owns the property located at 44 Jackson Road, Atlantic Beach, Florida. 2. That notice was sent by certified mail and was signed on December 12, 2012 and that Respondent was present at the hearing 3. That notification of the violations of the International Property Maintenance Code, Section 301.3 Vacant Structures and Land, 304.7 Roofs and Drainage, 304.2 Protective Treatment and 604.3 Electrical System Hazards were made and served on the Respondent as evidenced in this hearing. 4. The exterior of the aforementioned property shall be corrected by maintaining the abandoned structure that is partially boarded, replace the roof including rotted gable ends, paint wood trim, porches, posts, gable ends, eaves and soffit and all other wood elements, meter can loose from wall and obtain services of State of Florida Licensed Contractors (electrical and roofing) with permits. CONCLUSIONS OF LAW THAT Darryl Lamar and Lacreshia D. Harris is not in compliance and has failed to correct such violation as of this hearing date. Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant -to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered:,, , THAT the Respondent is found in violation for non - compliance and must obtain compliance on or before - July 8, 2013. Failure to comply will result in fines of $100.00 for the first day and $100.00 for every day thereafter while the violation continues to exist. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. THAT the Respondent is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance. THAT failure to pay all accumulated fines will result in alien being placed against the property at 44 Jackson Road for the total assessment plus costs incurred for the filing of the lien. All lien amounts are to be made payable at an interest rate of ten (10) percent per annum from date of certification until paid. ' This Order becomes self- executing upon an Affidavit of Non - Compliance being filed with the City Cleric's Office. DONE AND ORDERED THIS Janamy 8, 2013. Attest: Dayna . Williams, Secretary Executed: January 17, 2013 • Al IWAII • ' It ••I. •'• : :• '� PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this order shall be filed in circuit court within thirty (30) days of this order's execution. STATE OF FLORIDA ■ . 1 1 • • 1 Doc # 2013204260, OR BK 16483 Page 865, Number Pages: 1 Recorded 08/06/2013 at 02:56 PM, Ronnie Fussell CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $10.00 Code Enforcement Officer Statement Property Owner: Benjamin Brown, Jr. 457 Sailfish Dr, Atlantic Beach, FL 32233 Case # 14- 00000920 Lot 1, Block 27, Royal Palms Unit 2 A Location: 457 SAILFISH DR Real Estate # 171374 -0000 NOTICE OF VIOLATION: April 22, 2014 NOTICE OF VIOLATION RECEIVED /SIGNED FOR: April 25, 2014 VIOLATIONS Violation Description Sec. 24 -157. Fences, Walls and Similar Structures (c) Maintenance of fences. Fences that have been allowed to deteriorate to an excessive degree have a negative impact on property values and the quality of neighborhoods. Fences that are in a state of neglect, damage or disrepair, shall be repaired , replaced or removed. Violation Description Sec. 24 -173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. Violation Description Sec. 24 -163. Recreational vehicles stored or parked on any residential lot shall be subject to the following provisions: (b) Recreational Vehicles stored or parked on any residential lot shall be subject to the following provisions: (1) Not more than one (1) recreational vehicles, boat or boat trailer, or other type of trailer shall be stored or parked on any residential lot which is 5000 square feet lot area or less. Minimum lot area of 10.000 square feet is required for storage or parking of any second recreational vehicle, boat or boat trailer or other type trailer. Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other The inspection was prompted by: 1. X Complaint X Routine Survey ❑ Other 2. Proper Notice was achieved in accordance with F. S. 162 by: x Certified Mail ❑ Hand Delivery ❑ Posting of Property 3. I X have ❑ have not spoken with someone in control of the property Mr. Brown 4. Description of violation: (Photos) BACKGROUND 4 -21 -14 Complaint received on conditions of property (several trailers, junk etc) Property inspected, violations observed and photos taken 4 -22 -14 Notice of violation sent to Mr. Brown 4 -25 -14 Notice of violation received signed for by Mr. Brown 5 -9 -14 Re- inspection of property reveals violations continue 6 -2 -14 Notice of hearing sent to Mr. Brown for a July 8, 2014 hearing 6 -4 -14 Notice of hearing received and signed for 6 -6 -14 Mr. Brown in office requests I call him 6 -9 -14 Called Mr. Brown, he wanted to discuss the case and him obtaining a permit for a new privacy fence. Mr. Brown applies for a fence permit 6 -19 -14 Fence permit application in plan review RECOMMENDATION: Staff recommends the Board find the property owner in violation and order that compliance be achieved by removing all outside storage, junk, debris, cease storage of more than two (2) trailers on the property. Trailers must be legally licensed, operable and not used for storage of junk, trash, debris etc. and repair or repair the collapsing fencing on or before August 8, 2014 or a fine of $250.00 be imposed for the first day and $250.00 for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. MOTION: Board find the property owner in violation and order that compliance be achieved by (insert action needed) by (date) or a fine of $ be imposed for the first day and $ for every day thereafter the violation continues to exists prosecuting . The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Code Enforcement Officer Statement Property Owner: Thomas J. Bennett, Jr. 3855 th Street, Atlantic Beach, FL 32233 Tenant: Bobbi Mattox Case # 14- 00000953 Location: 1365 ROSE ST Lot S 25FT Lot 2, Lot 3, SEC H Atlantic Beach, Block 235 Real Estate # 171064 -0110 NOTICE OF VIOLATION: April 15,2014 NOTICE OF VIOLATION RECEIVED /SIGNED FOR: April 23, 2014 VIOLATIONS Violation Description Sec. 24 -154. Outdoor display, sale and storage of furniture, household items, merchandise and business activities outside of enclosed buildings. (g) Within all residential zoning districts, and also including any property containing a residential use, household items, furniture and those items customarily intended for indoor use shall not be displayed, maintained or permanently stored outdoors, or in any location on the lot where such items shall be stored or properly disposed of to avoid mold, rodent and insect infestations which may result in health risks and which also create unsightly appearance that negatively affect neighborhoods. Such violations shall be corrected immediatly upon written order from the city. Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other The inspection was prompted by. 1. X Complaint ❑ Routine Survey ❑ Other 2. Proper Notice was achieved in accordance with F.S. 162 by: x Certified Mail ❑ Hand Delivery ❑ Posting of Property 3. I X have ❑ have not spoken with someone in control of the property . Tenant Bobbi Mattox 4. Description of violation: (Photos) BACKGROUND 2 -24 -14 Complaint received on outside storage, multiple grills, misc. junk and debris Spoke to gentleman on premises says tenant Ms. Mattox is asleep. Will relay message to her to clean up 3 -10 -14 Re- inspection reveals property remains in violation 4 -2 -14 Requested Notice of violation be sent to property owner 4 -15 -14 Notice of violation prepared and sent to property owner 4 -23 -14 Notice of violation received and signed for 5 -12 -14 Re- inspection of property reveals violation continues 5 -29 -14 Notice of hearing sent to property owner (hearing on July 8, 2014) 5 -30 -14 Notice of hearing received and signed for 7 -8 -14 meeting RECOMMENDATION: Staff recommends the Board find the property owner in violation and order that compliance be achieved by removal of all outside storage of items including overflowing trash /recycle containers by July 31, 2014 or a fine of $ 100.00 will be imposed for the first day and $100.00 for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. MOTION: Board find the property owner in violation and order that compliance be achieved by (insert action needed) (date) by or a fine of $ be imposed for the first day and $ for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Code Enforcement Officer Statement Property Owner: GABOR KIRALY 831 Jasmine St., Atlantic Beach, FL 32233 Case # 14- 00000972 Lot 2, Block 147, SEC H Atlantic Beach Location: 831 JASMWE ST NOTICE OF VIOLATION: March 11, 2014 Real Estate # 170928 -0020 NOTICE OF VIOLATION RECEIVED /SIGNED FOR: March 15, 2014 VIOLATIONS Violation Description IPMC Sec.302.8 - Motor Vehicles "No inoperative or unlicensed motor vehicle shall be parked or kept or stored on any premises, and no vehicle shall at any time be in a state of disrepair, major disassembly or in the process or being stripped or dismantled ". Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other The inspection was prompted by: 1. x Complaint Routine Survey ❑ Other 2. Proper Notice was achieved in accordance with F.S. 162 by: Certified Mail ❑ Hand Delivery X Posting of Property 3. I ❑ have X have not spoken with someone in control of the property 4. Description of violation: (Photos) BACKGROUND 2 -26 -14 Complaint received on inoperable, debris in front yard, junk boats, etc. Inspection of the property reveals a White Chevy van no tag, inoperable 3 -11 -14 Notice of violation prepared to owner 3 -15 -14 Notice of violation received 4 -1 -14 Re- inspection of property reveals violation is same 5 -8 -14 Re- inspection reveals van still in same spot and property in violation Referred case to CEB 5 -29 -14 Notice of hearing sent to property owner for July 8, 2014 CEB meeting 6 -17 -14 Notice of hearing returned "unclaimed" 6 -18 -14 Notice of hearing posted on property, city hall and sent to owner regular mail RECOMMENDATION: Staff recommends the Board find the property owner in violation and order that compliance be achieved by removal of the inoperable, unlicensed vehicle by July 21, 2014, or a fine of $ 100.00 be imposed for the first day and $100.00 for everyday thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. MOTION: Board find the property owner in violation and order that compliance be achieved by (insert action needed) by (date) or a fine of $ be imposed for the first day and $ for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Code Enforcement Officer Statement Property Owner: Nathan Whelchel 401 Rennie Ave, San Jose, CA 95127 Case # 14- 00000974 Location: 265 JASMINE ST Lot S 40FT Lot 3, Block 99, SEC H Atlantic Beach Real Estate # 170861 -0200 NOTICE OF VIOLATION: March 12, 2014 NOTICE OF VIOLATION RECEIVED /SIGNED FOR: March 15, 2014 Tenant: Timothy Bottensek VIOLATIONS Violation Description Sec. 24- 163.(b) Recreational vehicles stored or parked on any residential lot shall be subject to the following provisions: (2) Recreational vehicles, boats or boat trailers or other type of trailer shall not be parked or stored closer than fifteen (15) feet from the front lot line and shall be parked in a manner that is generally perpendicular to the front property line such that length is not aligned in a manner that extends across the front of the lot it being the intent that recreational vehicles, boats and trailers that are parked forward of the residence and should not excessively dominate the front of the lot. Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other The inspection was prompted by: 1. ❑ Complaint X Routine Survey ❑ Other 2. Proper Notice was achieved in accordance with F.S. 162 by: x Certified Mail ❑ Hand Delivery ❑ Posting of Property 3. I ❑ have X have not spoken with someone in control of the property 4. Description of violation: (Photos) BACKGROUND 2 -26 -14 Initial inspection 3-12-14 Notice of violation sent 3 -15 -14 Notice of violation received 4 -1 -14 Re- inspection reveals violation same 5 -8 -14 Re- inspection reveals violation same, refer to CEB 5 -28 -14 Re- inspection of property reveals boat gone 5 -29 -14 Notice of hearing sent to property owner for 7 -8 -14 CEB 5 -31 -14 Notice of hearing received RECOMMENDATION: Staff recommends the Board find the property owner in violation for the time in violation and now in compliance. MOTION: Board find the property owner in violation and order that compliance be achieved by (insert action needed) by (date) or a fine of $ be imposed for the first day and $ for every day thereafter the violation continues to exists. The property Code Enforcement Officer Statement Property Owner: AGGRESSIVE HOLDINGS, INC. 1652 Emerson St, Jacksonville, FL 32207 Case # 14- 00000976 Location: 1512 JORDAN ST ED SMITH S/D PT LOT 14 RECD O/R 1 573 1 -933 Real Estate # 172295 -0030 NOTICE OF VIOLATION: March 13, 2014 and May 2, 2014 NOTICE OF VIOLATION RECEIVED /SIGNED FOR: March 18, 2014 and May 9, 2014 Tenant: Ashley Degood- Alexander VIOLATIONS Violation Description IPMC Sec.302.8 - Motor Vehicles "No inoperative or unlicensed motor vehicle shall be parked or kept or stored on any premises, and no vehicle shall at any time be in a state of disrepair, major disassembly or in the process or being stripped or dismantled ". Violation Description Sec. 24 -163. Recreational vehicles stored or parked on any residential lot shall be subject to the following provisions: (b) Recreational Vehicles stored or parked on any residential lot shall be subject to the following provisions: (1) Not more than one (1) recreational vehicles, boat or boat trailer, or other type of trailer shall be stored or parked on any residential lot which is 5000 square feet lot area or less. Minimum lot area of 10.000 square feet is required for storage or parking of any second recreational vehicle, boat or boat trailer or other type trailer. Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other The inspection was prompted by: 1. ❑ Complaint X Routine Survey ❑ Other 2. Proper Notice was achieved in accordance with F.S. 162 by: x Certified Mail ❑ Hand Delivery ❑ Posting of Property 3. I X have ❑ have not spoken with someone in control of the property. Richard 4. Description of violation: (Photos) BACKGROUND 3 -11 -14 Violations observed. 3 -13 -14 Notice of violation sent on vehicle 3 -18 -14 Notice of violation dated 3 -13 -14 received 4 -2 -14 Re- inspection reveals black Nissan in same condition no tag, inoperable and now two trailers 4 -10 -14 Re- inspection reveals violations same, black Nissan no tag, inoperable and trailers 5 -2 -14 Notice of violation resent to property owners on vehicle and trailers 5 -6 -14 Notice of violation dated 5 -2 -14 delivered and signed for 5 -19 -14 Re- inspection reveals same condition case referred to 7 -8 -14 CEB 5 -29 -14 Notice of hearing sent for 7 -8 -14 CEB 5 -30 -14 Notice of hearing delivered for 7 -8 -14 CEB meeting 6 -18 -14 Inspection reveals property in compliance RECOMMENDATION: Staff recommends the Board find the property owner in violation for the time in violation and now in compliance. MOTION: Board find the property owner in violation and order that compliance be achieved by (insert action needed by (date) or a fine of $ be imposed for the first day and $ for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Code Enforcement Officer Statement Property Owner: FEDERAL NATIONAL MORTGAGE ASSOC P.O. Box 650043, Dallas, TX75265 Case # 14- 00000994 Location: 1365 VIOLET ST Lot S 34FT Lot 2, N 5FT Lot 3, Block 233,Sec H Atlantic Beach Real Estate # 171061 -0120 NOTICE OF VIOLATION: April 21, 2014 and May 5, 2014 NOTICE OF VIOLATION RECEIVED /SIGNED FOR: April 23, 2014 and May 8, 2014 VIOLATION Violation Description 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. Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other The inspection was prompted by: 1. X Complaint ❑ Routine Survey ❑ Other 2. Proper Notice was achieved in accordance with F.S. 162 by: x Certified Mail ❑ Hand Delivery ❑ Posting of Property 3. I ❑ have X have not spoken with someone in control of the property 4. Description of violation: (Photos) BACKGROUND 4 -2 -14 Inspection of property reveals violation 4 -21 -14 Notice of violation sent to FNMA current property owner 4 -23 -14 Notice of violation received 5 -5 -14 Notice of violation resent to FNMA 5 -8 -14 Notice of violation dated 5 -5 -14 received 5 -12 -14 Re- inspection reveals property remains overgrown 5 -13 -14 Email sent to property preservation companies 5 -20 -14 Property remains in violation 5 -29 -14 Notice of hearing sent to property owner for 7 -8 -14 CEB hearing 6 -2 -14 Notice of hearing for 7 -8 -14 CEB hearing received 6 -18 -14 Front yard partially mowed RECOMMENDATION: Staff recommends the Board find the property owner in violation and order that compliance be achieved by mowing the property and maintain property mowed and clean by July 18, 2014 or a fine of $ 100.00 be imposed for the first day and $100.00 for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. MOTION: Board find the property owner in violation and order that compliance be achieved by (insert action needed) by (date) or a fine of $ be imposed for the first day and $ for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Code Enforcement Officer Statement Property Owner: Sean Broughton 389 Sargo Rd, Atlantic Beach, FL 32233 Case # 14- 00000996 Location: 389 SARGO RD Lot RIP PT of Royal Palms Unit 2 A, Lot 1, Block 25 Real Estate # 171693 -0000 NOTICE OF VIOLATION: April 15, 2014 NOTICE OF VIOLATION RECEIVED /SIGNED FOR: April 23, 2014 VIOLATIONS Violation Description IPMC Sec.302.8 - Motor Vehicles "No inoperative or unlicensed motor vehicle shall be parked or kept or stored on any premises, and no vehicle shall at any time be in a state of disrepair, major disassembly or in the process or being stripped or dismantled ". Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other The inspection was prompted by: 1. ❑ Complaint X Routine Survey ❑ Other 2. Proper Notice was achieved in accordance with F.S. 162 by: x Certified Mail ❑ Hand Delivery ❑ Posting of Property 3. I ❑ have X have not spoken with someone in control of the property 4. Description of violation: (Photos) BACKGROUND 4 -2 -14 Violation observed 4 -15 -14 Notice of violation sent to property owner 4 -23 -14 Notice of violation received 5 -6 -14 Re- inspection of property reveals vehicle is in same location and violation continues 5 -29 -14 Notice of hearing sent to property owner for 7 -8 -14 CEB hearing 6 -17 -14 Notice of hearing returned "unclaimed" 6 -18 -14 Notice of hearing for 7 -8 -14 meeting Posted on property, city hall and sent to property owner regular mail Re- inspection of property reveals vehicle is in same location and violation continues RECOMMENDATION: Staff recommends the Board find the property owner in violation and order that compliance be achieved by removal of the inoperable Toyota Truck by July 18, 2014 or a fine of $ 100.00 be imposed for the first day and $100.00 for everyday thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. MOTION: Board find the property owner in violation and order that compliance be achieved by (insert action needed) by (date) or a fine of $ be imposed for the first day and $ for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Code Enforcement Officer Statement Property Owner: Mark Franzoni 13 Oakwood Rd, Jacksonville Beach, FL 32250 Case # 14- 00001006 Location: 1339 ROSE ST Lot PT 4, Block 235, SEC H Atlantic Beach Real Estate # 171064 -0115 NOTICE OF VIOLATION: April 9, 2014 NOTICE OF VIOLATION RECEIVED /SIGNED FOR: April 12, 2014 VIOLATIONS Violation Description Sec. 24 -154. Outdoor display, sale and storage of furniture, household items, merchandise and business activities outside of enclosed buildings. (g) Within all residential zoning districts, and also including any property containing a residential use, household items, furniture and those items customarily intended for indoor use shall not be displayed, maintained or permanently stored outdoors, or in any location on the lot where such items shall be stored or properly disposed of to avoid mold, rodent and insect infestations which may result in health risks and which also create unsightly appearance that negatively affect neighborhoods. Such violations shall be corrected immediately upon written order from the city. Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other The inspection was prompted by: 1. X Complaint ❑ Routine Survey ❑ Other 2. Proper Notice was achieved in accordance with F.S. 162 by: x Certified Mail ❑ Hand Delivery ❑ Posting of Property 3. I X have ❑ have not spoken with someone in control of the property. Mark Franzoni 4. Description of violation: (Photos) BACKGROUND 3 -25 -14 Complaint received on conditions of property trashy yard, bed frame, trash, etc. 3 -31 -14 Spoke to Mr. Franzoni on violations, says he will "take care of it" 4 -2 -14 Re- inspection of property reveals violation continues 4 -30 -14 Re- inspection reveals all items removed except a pallet 5 -29 -14 Notice of hearing mailed for July 8, 2014 hearing 5 -30 -14 Notice of hearing received RECOMMENDATION: Staff recommends the Board find the property owner in violation and order that compliance be achieved by removal of all outside storage and cease storing discarded items in yard by July 18, 2014 or a fine of $ 100.00 be imposed for the first day and $100.00 for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. MOTION: Board find the property owner in violation and order that compliance be achieved by (insert action needed) by (date) or a fine of $ be imposed for the first day and $ for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Code Enforcement Officer Statement Property Owner: Kevin Bennett 4429 Jiggermast, Jacksonville, FL 32277 Case # 14- 00001022 Location: 95 W 2ND ST 95 -97 Pt Lot 4, Lots 5 and 6, Block 81, SEC H Atlantic Beach Real Estate # 170837 -0000 NOTICE OF VIOLATION: April 14, 2014 NOTICE OF VIOLATION RECEIVED /SIGNED FOR: April 17, 2014 VIOLATIONS Violation Description 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. Violation Description IPMC Sec.302.8 - Motor Vehicles "No inoperative or unlicensed motor vehicle shall be parked or kept or stored on any premises, and no vehicle shall at any time be in a state of disrepair, major disassembly or in the process or being stripped or dismantled ". Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other The inspection was prompted by: 1. ❑ Complaint X Routine Survey ❑ Other 2. Proper Notice was achieved in accordance with F.S. 162 by: x Certified Mail ❑ Hand Delivery ❑ Posting of Property 3. I X have ❑ have not spoken with someone in control of the property. Mr. Bennett 4. Description of violation: (Photos) BACKGROUND 4 -10 -14 Violations observed 4 -14 -14 Notice of violation sent to property owner 5 -12 -14 Re- inspection of property reveals grass mowed, vehicle remains in violation 5 -29 -14 Notice of hearing sent for 7 -8 -14 CEB meeting 5 -30 -14 Notice of hearing received 6 -2 -14 NIr. Bennett called and stated he is working on getting compliance 6 -5 -14 Re- inspection reveals vehicle has not moved RECOMMENDATION: Staff recommends the Board find the property owner in violation and order that compliance be achieved by removing /moving and making operable the purple GEO by July 18, 2014 or a fine of $ 100.00 be imposed for the first day and $100.00 for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. MOTION: Board find the property owner in violation and order that compliance be achieved by (insert action needed) (date) by or a fine of $ be imposed for the first day and $ for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance.