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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