11-17-14 Minutes.pdfCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. — NOVEMBER 17, 2014
IN ATTENDANCE:
Veda Harless, Chair
John Stinson
Meade Coplan
Benjamin de Luna
Richard Lombardi, Alternate
ABSENT:
Louis Keith (Excused)
Richard Komando, City Attorney
Deborah White, Code Enforcement Officer
Dayna Williams, Secretary
Chair Veda Harless called the meeting to order at 6:03 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 September 9, 2014.
Moved by Stinson, 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.
3. Old Business
CASE ID NAME & ADDRESS VIOLATION
12-907 WILLIAM R IPMC Sec. 304.6 Exterior Walls
BLACKARD JR IPMC Sec. 304.2 Protective Treatment
1595 BEACH AVE IPMC Sec. 304.7 Roofs and Drainage
IPMC Sec. 302.3 Sidewalks and
Driveways
IPMC Sec. 304.10 Stairway, Deck,
Porch, Balco
IPMC Sec. 304.4 Structural Members
Code Enforcement Officer Debbie White presented the case, stating Mr. Blackard was before the
Board on January 14, 2014 and was given until October 5, 2014 to be in compliance. Ms. White
stated he has made repairs on some of the violations, but he has gone beyond what was required by
the Board. Ms. White stated Mr. Blackard is present and would like to request an extension of time
to complete the work. Ms. White stated the City does not object to giving Mr. Blackard an extension
of time.
William Blackard, 1595 Beach Avenue, explained the extensive work he had undertaken and asked
for an extension of six months to complete the project. Discussion ensued.
Motion: The Board moves to extend the date for corn s letion to Jul 1 2015.
Moved by de Luna, Seconded by Lombardi
The motion was approved unanimously.
4. New Business
CASE ID NAME & ADDRESS
VIOLATION
14-980 WAYNE DOUGLAS SCOTT IPMC Sec. 108.1.5 2 Dangerous
198 POINSETTIA ST Structure 2
IPMC Sec. 304.6 Exterior Walls
IPMC Sec. 304.2 Protective Treatment
IPMC Sec. 304.7 Roofs and Drainage
IPMC Sec. 304.1 Unsafe Conditions
Ms. White presented the case, stating the property remains in violation. She presented photos of the
property, stating the soffit is missing in several places; the stairs are leaning and unstable; and there is
only one guardrail and there should be one on each side.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by obtaining the required permits and completing the repairs by January 10, 2015 or a fine of
$150.00 be imposed for the first day and $150.00 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 Lombardi
The motion was approved unanimously.
14-1023
ROBERT BILLHARDT,
ET AL
92 W 2ND ST
IPMC Sec.302.8 Motor Vehicle
Ms. White presented the case, stating the violation was before the Board at the previous hearing,
but there was no service and she had to post the property. Ms. White stated she posted the Notice
of Hearing on September 19, 2014 on the property and at City Hall and it was sent to him by
regular mail. She stated the original Notice of Violation had to be posted also, as he did not claim
the letter. Ms. White stated he received the Posting on May 28, 2014.
Ms. White presented photos of the property, stating originally the property had several unlicensed,
inoperable vehicles. She stated he had a white van with an expired temporary tag, a black Ford
and an unlicensed camper stored in the front yard. Ms. White stated Mr. Billhardt had called her
and stated he was new to the area and was not aware that he could not have inoperable, unlicensed
vehicles. Ms. White stated she explained to him the City's Codes and also addressed the issue of
the camper.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by removing all unlicensed, inoperable vehicles and removing the unlicensed camper
stored in the front yard on or before December 15, 2014 or a fine of $200.00 be imposed for the
Minutes of the Code Enforcement Board on November 17, 2014 Page 2 of 11
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 Lombardi
The motion was approved unanimously.'
14-1028
TOM CABRAL IPMC Sec.301.3 Vacant Structures &
85 EDGAR ST Land
Ms. White presented the case, stating the violation was before the Board at the previous hearing,
but there was no service and she had to post the property. Ms. White stated she posted the Notice
of Hearing on the property and at City Hall on September 19, 2014 and it was sent to him by
regular mail. Ms. White stated Mr. Cabral does not sign for his certified mail. She stated she has
tried researching alternate addresses to try and get notices to him and contact him, but she has not
been successful.
Ms. White presented photos of the property, stating the property is very overgrown, not maintained
and abandoned. Ms. Harless asked if the tax rolls showed any foreclosure. Ms. White stated no,
adding she could not even find a mortgage on the property. Ms. White stated she posted the
original Notice of Violation on the property:May 27, 2014. Ms. Coplan asked if she had received
any response from Mr. Cabral and Ms. White, stated she has had no contact at all. Discussion
ensued.
Motion: The Board adopts the staff recommendation.
Moved by Coplan, Seconded by de Luna
Ms. White asked if the Board would like her to read the staff recommendation for the record, and
they stated yes. Staff recommends the Board find the property owner in violation and orders that
compliance be achieved by maintaining the property, mowing and cleaning the yard and
maintaining the property secure on or before December 15, 2014 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.
Ms. Coplan withdrew her motion.
Ms. Coplan expressed that she wanted the fine to take place immediately.
Ms. White and the City Attorney, Richard Komando, stated the Board needs to allow him
reasonable time to comply. Discussion ensued.
Motion: The Board adopts the staff recommendation.
Moved by Coplan, Seconded by de Luna
The motion was approved unanimously.
14-1039
SARAH H BOHR SWO Florida Bldg Code-FBC Sec. 105
2337 SEMINOLE RD UNIT A Permits -Required
Minutes of the Code Enforcement Board on November 17, 2014 Page 3 of 11
Ms. White presented the case, stating Ms. Bohr had installed a washing machine and dryer on an
exterior porch on her property and did not get plumbing or electrical permits to do the work. Ms.
White presented photos of the property showing the washer and dryer has been removed, stating
Ms. Bohr is now in compliance.
Staff recommends the Board find the property owner in violation for the time in violation and now
in compliance. Discussion ensued.
Motion: The Board moves to find in compliance.
Moved by de Luna, Seconded by Coplan
Sarah Bohr, 2337 Seminole Road, stated she did not realize what she was doing was violating
any City Codes. She stated once she received the stop work order, she did apply for a permit. Ms.
Bohr explained when she realized the cost was too prohibitive, she moved the washer and dryer
back inside the home.
Votes:
Aye: - 4 — Coplan, Harless, Lombardi, de Luna
Nay: - 1 — Stinson
Motion Carried
14-1153
LINDA J ASHLEY SWO Florida Bldg Code-FBC Sec. 105
722 CAVALLA RD Permits Required
Ms. White presented the case, stating Ms. Ashley was before the Board at the previous hearing
concerning a plastic shed on the property without a permit. Ms. White stated Ms. Ashley was
going to try and find some relief to allow the tenants to keep the sheds and get the City to abandon
the requirement of off street parking. Ms. White stated the last time she spoke to Ms. Ashley she
was asking for an extension of time to get rid of the shed, but she is not currently present.
Bobbi Wheaton, 724 Cavalla Road, spoke on behalf of Ms. Ashley. She stated Ms. Ashley is her
neighbor and she probably forgot about the hearing. Ms. Wheaton stated Ms. Ashley's intentions
with the property are the same as hers, which is to get an extension of time so we can proceed as a
whole. Ms. Wheaton stated there were eight units in the building and they want to apply for a
variance or a way to redefine the back property other than secondary parking. Discussion ensued.
Ms. Harless asked the City Attorney, Rich Komando, if he had any recommendations on how to
satisfy Code, but allow some leniency to the residents because they are trying to make some
changes. Mr. Komando stated that it was up to the Board. He stated if they wanted to allow more
time, that is fine, but it is not going to happen by the January 12, 2015 meeting. Mr. Komando
stated it takes time to request a variance and it would have to go before the Community
Development Board. Discussion ensued. Ms. White stated, for the record, Ms. Ashley did sign for
her Notice of Hearing on October 18, 2014. Ms. White stated she signed for both of her Notices of
Hearing. Ms. White stated she sent her two, one on each individual case.
Motion: The Board adopts the staff recommendation with the exception that obtaining a
permit and approval not be part of the motion and the shed be removed by January 5, 2015
or a fine of $100.00 per day will be imposed.
Moved by Coplan
Minutes of the Code Enforcement Board on November 17, 2014 Page 4 of 11
Mr. de Luna stated he did not think the staff's recommendation has been read and Ms. White stated
she would read it at this time.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by obtaining the required permit and approved final inspection or remove the shed in the
rear parking area by January 15, 2015 (January 5, 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.
Discussion ensued. Ms. Harless stated it was her understanding that they could apply for a permit,
but it would not be authorized because there is not enough set -back. Ms. Harless asked Ms. White
if there was enough set -back, and Ms. White stated not to her knowledge, adding, the residents
cannot have the sheds back there. Ms. Harless asked Ms. Coplan for her motion.
Motion: The Board adopts the staff recommendation with the verbage that they start the
process of obtaining a permit (with proof to Ms. White that the process has started) by
January 5, 2015 and the building be removed by January 5, 2015 or a fine of $100.00 per day
will start if not completed.
Moved by Coplan
Ms. White stated that would not work because you cannot tell Ms. Ashley that she has until
January 5, 2015 to apply for a permit and tear it down by the same date. Discussion ensued.
Motion: The Board adopts the staff recommendation as stated.
Moved by Coplan, Seconded by de Luna
The motion was approved unanimously.
14-1263 LINDA J ASHLEY SWO Florida Bldg Code-FBC Sec. 105
722 CAVALLA RD Permits Required
Ms. White presented the case, stating this is for a six foot wood fence. Ms. White stated Ms.
Ashley was before the Board at the previous hearing, and at that time she had not been cited for the
fence. Ms. White stated she sent Ms. Ashley a Notice of Violation on September 17, 2014, which
was signed on September 19, 2014. Mr. Komando stated that is part of the reason this case was
deferred at the previous hearing, because Ms. Ashley had not been cited for the fence at that time.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by removing the unpermitted six foot tall wood fencing by January 5, 2014 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 correction of the year to
January 5, 2015.
Moved by de Luna, Seconded by Stinson
The motion was approved unanimously.
Minutes of the Code Enforcement Board on November 17, 2014 Page 5 of 11
14-1154 BOBBI D WHEATON SWO Florida Bldg Code-FBC Sec. 105
724 CAVALLA RD Permits Required
Ms. White presented the case, stating this is for two sheds. Ms. White stated Ms. Wheaton was
before the Board at the previous hearing and the Board decided to defer the case until tonight's
meeting. Ms. White stated they have had some discussion and Ms. Wheaton asked for an
extension to wait for her brothers to come and go through her parents' belongings. Ms. White
stated she told Ms. Wheaton she was scheduled to be at the November 17, 2014 meeting and she
would have to come back before the Board to ask for an extension of time.
Bobbi Wheaton, 724 Cavalla Road, asked for an extension of time to get her family in town to go
through the belongings of their parents.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by obtaining the required permit and approved final inspection or remove the shed in the
rear parking area by January 5, 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.
Moved by Lombardi, Seconded by de Luna
The motion was approved unanimously.
14-1168 ANGELIKE DE SHONE SWO Florida Bldg Code- FBC Sec.
708 CAVALLA RD 105
Permits Required
Ms. White presented the case, stating Ms. De Shone is a newer resident to the area, and she also
has a shed in the rear yard. Ms. White stated a Notice of Violation was sent on July 23, 2014 and
received/signed for on July 25, 2014. Ms. White stated a Notice of Hearing was sent on October
17, 2014 and received/signed for on October 18, 2014.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by obtaining a building permit and approved final inspection or remove the shed in the
rear parking area by January 5, 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.
Angelike De Shone, 708 Cavalla Road, gave testimony of when she purchased the property and
the legal description she was given of the property. She stated she has the required five feet to
meet the standards and further explained the difficulties she had in finding documentation
regarding the parking on the property. She stated she applied for a permit and was denied. She
stated she would really like to keep the shed.
Ms. Harless asked Ms. De Shone why she was denied the permit. Ms. De Shone stated she was
denied because of the Fire Department. Ms. Harless asked Ms. White if it was denied because it is
deemed a road. Ms. White explained it is angled parking and there is an aisle. She stated some of
the buildings have paved the front, but half of the paved parking is in the public right-of-way. She
explained the Zoning Code, when the units were built, required two off-street parking spaces. She
Minutes of the Code Enforcement Board on November 17, 2014 Page 6 of 11
stated the parking spaces are in the back, but people have subsequently put stuff back there and if
they fence them off, they block access for people to get to their parking. Ms. White stated they
would have to go to the Community Development Board to initiate the request, but they are
individually owned and they will all have to get together if they want to try and change things.
Discussion ensued.
Motion: The Board adopts the staff recommendation.
Moved by Coplan, Seconded by Lombardi
The motion was approved unanimously.
14-1169 DAVID LOPANIK
716 CAVALLA RD
IPMC Sec. 604.3 Electrical System
Hazards
IPMC Sec. 304.7 Roofs and Drainage
IPMC Sec. 302.4 Weeds
Ms. White presented the case, stating Ms. Lopanik owns the unit on the end of Ms. De Shone's
building. Ms. White presented photos of the property, stating these were originally built as
apartments She showed photos of the two meter cans pulled away from the wall, stating the
disconnects are all loose. Ms. White stated an electrician came in today and applied for a permit to
reattach all this to the wall. Ms. White stated all these units are individually metered, but the meter
bank is on Mr. Lopanik's wall, so he is the one responsible for the meter banks. She stated he
needs to repair the roof on his porch and the soffit and soffit screens.
David Lopanik, 751 Assisi Lane, Apartment 106, stated he has fixed all the rotted wood. He
stated he called the electrician to have the meter banks repaired. He stated he owns two units, but
he is paying for eight units to be repaired. Discussion ensued.
Motion: The Board adopts the staff recommendation.
Moved by Lombardi
Ms. Harless asked Ms. White to reiterate her recommendation so Mr. Lopanik could hear it as
well.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by making all necessary repairs to the electrical meter bank and obtaining an approved
inspection on or before December 5, 2014; and the remaining repairs to the roof, soffit and the yard
be cleaned on or before January 5, 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.
Ms. Harless asked if there was a second.
Coplan Seconded
The motion was approved unanimously.
14-1239
FRANK LEFT Sec. 24-173(b)(1) Outside Storage
2112 S FAIRWAY VILLAS (resi)
LN IPMC Sec. 302.4 Weeds
Minutes of the Code Enforcement Board on November 17, 2014 Page 7 of 11
Ms. White stated she is withdrawing the case, as there was no service. She added that he is in
compliance.
14-1244
SOVEREIGN INVESTMENT IPMC Sec. 302.4 Weeds
GROUP LLC
1227 VIOLET ST
Ms. White presented the case, stating this property is in foreclosure and they were sent a Notice of
Violation concerning overgrown property. She stated it was previously owned by Mr. Thomas
Bennett, who subsequently quit claim deeded it to Sovereign Investment Group, LLC. Ms. White
stated a Notice of Violation was sent on September 10, 2014. She stated the property is not
maintained, the yard is not mowed. She stated a Notice of Hearing was sent on October 17, 2014
and received/signed for on October 21, 2014. Ms. White stated there is an existing fine on this
property for non-compliance.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by mowing and cleaning the entire yard and maintain mowed and clean by December 1,
2014 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.
Moved by de Luna, Seconded by Stinson
The motion was approved unanimously.
14-1299
SOVEREIGN INVESTMENT IPMC Sec. 109.2 Board and Secure -
GROUP LLC Temp Safeguards
131 BELVEDERE ST IPMC Sec. 108.1.5 3 Unfit for Human
Habitation
IPMC Sec. 301.3 Vacant Structures &
Land
Ms. White presented the case, stating this property also has fines on it for property maintenance
issues. Ms. White stated the Notice of Violation was sent on this property because we found the
property does not stay secured. She stated it was posted on November 3, 2014 as being unfit for
human habitation. Ms. White stated it is a nuisance to the neighborhood and is never secured. She
stated she previously brought this property before the Board and the bank had a representative
here. She added there was a fine imposed and she still has not gotten cooperation. Ms. White
stated it was quit claim deeded from Mr. Bennett to the Sovereign Investment Group LLC. Ms.
White stated she sent the Notice of Violation on October 17, 2014 and it was received/signed for
on October 24, 2014. She stated they also signed for the Notice of Hearing on November 8, 2014.
Discussion ensued.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by boarding and securing all openings to the property on or before November 30, 2014.
Failure to comply will result in an Order for the City to board and secure the property and place a
lien on the property including administrative charges. The property owner is responsible for
contacting the City Code Enforcement Officer and obtaining an inspection of compliance.
Minutes of the Code Enforcement Board on November 17, 2014 Page 8 of 11
Ms. White stated she does have crisis to board and secure this property. Mr. de Luna asked if Ms.
White was asking the Board to allow the City to board the property, and she stated yes, and send
the bill to the property owners. Mr. de Luna asked what the cost would be for the City, and she
stated approximately $900.00. Discussion ensued.
Motion: The Board adopts the staff recommendation.
Moved by Coplan, Seconded by de Luna
The motion was approved unanimously.
14-1300
SOVEREIGN INVESTMENT IPMC Sec. 109.2 Board and Secure -
GROUP LLC Temp Safeguards
132 BELVEDERE ST IPMC Sec. 108.1.5 3 Unfit for Human
Habitation
IPMC Sec. 301.3 Vacant Structures &
Land
Ms. White presented the case, stating this property is another foreclosure with a lien on it and was
previously owned by Mr. Bennett. Ms. White stated this property was auctioned on November 5,
2014. She stated she just found the name of the new owner and she will pursue it. Ms. White
stated she is withdrawing the case, as there was no service.
5. Rehearing
CASE ID NAME &ADDRESS
12-40 PAT PILLMORE, ESTATE Property in compliance. Rehearing on
995 CAMELIA ST accrued fines.
Ms. White presented the case, stating Pat Pillmore has passed away. Ms. White stated she was
required to connect to the City sewer and did not do it in a timely matter. Ms. White stated the case
was brought before the Code Enforcement Board and a fine was assessed for non-compliance. She
stated Ms. Pillmore's brother has taken over the property and he immediately complied with the
Order and she has an Affidavit of Compliance. Ms. White gave a brief history of the case and
stated the fine is now $65,820.00. She stated Ms. Pillmore was before the Board July 10, 2012 and
had previously been ordered to connect to the City Sewer on or before June 29, 2012. Ms. White
stated the fine of $100.00 per day has been ticking since then until compliance was met. She stated
Mr. Pillmore was present and wished to address the Board to ask that the fine be rescinded or
reduced.
Bill Pillmore, 71 Fox Den Road, Asheville, NC stated he is the personal representative of his
sister's estate, which is currently in probate. Mr. Pillmore stated he and his brother are requesting
some relief on the fines so they may move forward and sell the property.
Discussion ensued. Ms. Harless asked Ms. White for her recommendation and Ms. White stated
she is leaving that up to the Board. Mr. de Luna stated that he remembered a case that the Statute
required connection by November of some year, and asked if this was the same case. Mr. de Luna
stated his recollection is there was a deadline within the Statute, a date in which they had to do it.
Ms. White stated it is typically one year after sewer connection becomes available, but she was not
sure which Statute he was referring to. Mr. de Luna stated Section 22-74 Septic to Sewer. He
Minutes of the Code Enforcement Board on November 17, 2014 Page 9 of 11
stated there was an issue regarding a year from a certain date, and said his concern was to make
sure that time period was met. Mr. de Luna asked if Ms. White had a copy of the Order that the
Board approved and she provided a copy for him to review.
Motion: The Board moves to reduce the fine to $500.00 to be paid on or before December 1,
2014 in view of the fact that the house is now in compliance and there is no environmental
impact and that should be more than sufficient to cover any administrative fees for the City
of Atlantic Beach.
Moved by Harless, Seconded by Coplan
Mr. de Luna stated, looking at the Order, the case was before the Board on July 10, 2012, yet the
fine did not start until December 10, 2012. Ms. White stated she misread that, stating she read
where the Notice was sent June 29, 2012, but the recorded Order she gave him is the correct one.
The motion was approved unanimously.
13-527
JOE EDWARD HILLS ET AL
RAYMOND LEROY DAGLEY
JR R/S
599 BEGONIA ST
Property in compliance. Rehearing on
accrued fines.
Ms. White presented the case, stating Mr. Hills jointly owns this property with Mr. Dagley and had
previously been before the Board. Ms. White stated Mr. Hills was cited for running a business without
a business tax receipt. She stated Mr. Hills moved out on July 21, 2014 with a fine that had accrued to
$16,141.35. Ms. White stated there is an attachment to the Agenda from Mr. Dagley's attorney. She
stated Mr. Dagley had to obtain legal counsel to make this happen, because Mr. Hills would not move.
Ms. White stated Mr. Hills did not move out in the time allotted and the fine started. Ms. White stated
Mr. Hills remained on the property in violation of the Board's Order and Mr. Dagley obtained counsel
and took Mr. Hills to court. She stated Mr. Hills subsequently removed himself from the property and
he is in compliance as of October 21, 2014. She stated the fine has accrued and Mr. Dagley would like
to address the Board for a reduction of the fines.
Ms. Harless asked when the fine started. Ms. White stated the fine started May 14, 2014 and stopped
on October 21, 2014.
Raymond Dagley, 940 Main Street, stated he has had trouble with Mr. Hills since day one, when his
parents left the property to him and Mr. Hills. Mr. Dagley stated he could never get Mr. Hills to pay
his property taxes and he paid them every year. Mr. Dagley stated once the City cited Mr. Hills for his
business tax receipt he was kept informed by Ms. White. He stated he came to the meeting when Mr.
Hills case was scheduled to be heard. He added once the $100.00 per day fine kicked in, he felt he had
to do something and got an attorney to get Mr. Hills off the property. Mr. Dagley stated he does not
need a big fine on the property. Mr. Dagley stated he has tried to buy the property from Mr. Hills, but
Mr. Hills still owns the property.
Ms. Harless asked if Mr. Hills is the legal owner of the property. Mr. Dagley stated he is the joint
owner. Mr. Komando stated that is the challenging part, because if they reduce the fine, they are
reducing it on Mr. Hills property as well. Discussion ensued.
Minutes of the Code Enforcement Board on November 17, 2014 Page 10 of 11
Motion: The Board moves to reduce the fine to $1,400.00.
Moved by Harless, Seconded by Coplan
Mr. de Luna asked Mr. Dagley if he was in the Chamber when Mr. Hills was here, and Mr. Dagley
stated yes. Mr. Dagley stated the Board gave Mr. Hills six months to come into compliance. Mr. de
Luna asked what is going to happen to the property, how does he propose to separate himself from Mr.
Hills and the property. Mr. Dagley explained his efforts to buy the property from Mr. Hills and stated
he has done everything his counsel advised in order to resolve this. Discussion ensued.
Mr. de Luna stated his concern in reducing the fine was allowing the person who caused the problem a
free pass. He stated the $1,400.00 fine would be paid by Mr. Dagley and then if Mr. Hills sells the
property to Mr. Dagley for $30,000.00, then Mr. Hills gets $30,000.00 free and clear. Mr. Komando
stated he has the ability to sell his interest, but right now the property is encumbered, the title is
clouded. Mr. de Luna stated he had a concern in allowing that great of a reduction. Mr. de Luna
stated he proposes an $8,000.00 fine. Ms. White explained that Mr. Hills did not get out and Mr.
Dagley had to go pay an attorney to get him out, so they should take that into consideration.
Discussion ensued.
Votes:
Aye: - 3 — Coplan, Harless, Lombardi
Nay: - 2 — tie Luna, Stinson
Motion Carried
Sherre Dagley, 940 Main Street, stating she is Raymond's wife. She asked why the Board could not
issue two liens since there are two owners. Ms. Harless stated it is only one piece of property and Mr.
Komando stated a lien is not against the owners.
6. Miscellaneous Business
None.
7. Adjournment
There being no further discussion, the meeting adjourned at 8:34 p.m.
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.
Day L. Williams, Secretary
Veda Harless, Chair
Minutes of the Code Enforcement Board on November 17, 2014 Page 11 of 11