7-8-14 Minutes.pdfCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. — July 8, 2014
IN ATTENDANCE:
Veda Harless, Chair
Ian Luthringer, Vice Chair
John Stinson
Benjamin de Luna
Meade Coplan
Louis Keith
Richard Lombardi, Alternate
Richard Komando, City Attorney
Deborah White, Code Enforcement Officer
Dayna Williams, Secretary
Chair Veda Harless called the meeting to order at 6:01 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 March 11, 2014.
Moved by Coplan, 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.
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.
Code Enforcement Officer Debbie White presented the case, stating this is a rehearing request by
Darryl Lamar & Lacreshia D. Harris for a reduction of the accrued fines. Ms. White stated the
original Notice of Violation was sent on 8/28/12 and received/signed for on 9/10/12. Ms. White
stated the property is now in compliance. Ms. White stated the Affidavit of Compliance was
done on 4/16/14 and she has provided the Board with an outline of the background chronology of
the case.
Ms. White stated the fine started on 7/8/13 at $100.00 per day and has accrued to $27,895.40.
Ms. White presented photos of the property taken on 8/2/12 showing the state of the property and
the violations that were noted. She presented photos taken 7/8/14, stating everything has been
repaired and is in compliance.
Staff recommends the Board find the property owner in compliance and orders the fine of
$27,895.40 be reduced to $2,500.00 with the condition payment be made in full on or before
December 31, 2014. If fine is not paid in full by this date the original fine will be imposed plus
interest.
Chair Harless asked Ms. White if Mr. and Mrs. Harris attended the hearing in July 2013 to
request more time. Ms. White stated, no, they had requested an extension, but with the self-
executing orders they have to be in compliance before they could request a rehearing to negotiate
the accrued fines. Discussion ensued.
The witness came to the podium stating her name and address, Lacreshia Harris, 44 Jackson
Road. Ms. Harris stated she inherited the property from her grandmother and she and her
husband have been working to restore the home. The witness stated when she was previously
before the Board and was given a date for compliance, she thought they would be able to meet
that date. The witness stated she would have asked for more time had she known how costly and
involved the project turned out to be. Discussion ensued.
Motion: The Board adopts the staff recommendation, except that the fine of $2,500.00 be
reduced to $2,000.00.
Moved by Luthringer, Seconded by Coplan
Discussion ensued.
Amended Motion: The Board adopts the staff recommendation, except that the fine be
reduced to $1,000.00.
Moved by de Luna, Seconded by Luthringer
The motion was approved unanimously.
4. New Business
A. 457 Sailfish Drive, Benjamin Brown, Jr., Case #14-920: violation of Atlantic
Beach City Code, Sec. 24-157 Fences, walls and similar structures; Sec. 24-173
Neighborhood preservation and property maintenance standards and Sec. 24-163(b)
Recreational vehicles stored or parked.
Ms. White presented the case, stating the Notice of Violation was sent on 4/22/14 and
received/signed for on 4/25/14. Ms. White explained the violations were for dilapidated fencing,
outside storage of junk and household items, and the storage of three trailers. Ms. White stated
Mr. Brown's lot is over 10,000 square feet so he is allowed to have two trailers. Ms. White
stated ownership was determined by the tax records for Duval County; her inspection was
prompted by a complaint and 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, Mr.
Brown. Ms. White presented photos of the property showing the trailers and stating Mr. Brown
has quite an accumulation of junk and other items.
Discussion ensued.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by removal of all outside storage, junk, debris and cease storage of no 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 remove or repair the collapsing fence 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 exist. 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 July 8, 2014 Page 2 of 7
Motion: The Board adopts the staff recommendation as stated.
Moved by Luthringer, Seconded by Stinson
The motion was approved unanimously.
B. 1365 Rose Street, Thomas J. Bennett, Case #14-953: violation of Atlantic
Beach City Code, Sec. 24-154 Outside storage.
Ms. White presented the case, stating the Notice of Violation was sent on 4/15/14 and
received/signed for on 4/23/14; ownership was determined by the tax records for Duval County;
her inspection was prompted by a complaint; proper notice was achieved by certified mail in
accordance with F.S. 162; and she has spoken with someone in control of the property, the
tenant, Bobbi Mattox. Ms. White stated the property is currently in foreclosure, it is one of Mr.
Bennett's. Discussion ensued.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by removal of all outside storage of items including overflowing trash and recycle bins
and containers by July 31, 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 as stated.
Moved by de Luna, Seconded by Luthringer
The motion was approved unanimously.
C. 831 Jasmine Street, Gabor Kiraly, Case #14-972: violation of International
Property Maintenance Code, Sec. 302.8 Motor vehicles.
Ms. White presented the case, stating the Notice of Violation was sent on 3/11/14 and
received/signed for on 3/15/14; her inspection was prompted by a complaint; proper notice was
achieved by posting the property in accordance with F.S. 162; and she has not spoken with
anyone in control of the property. Ms. White stated she received a complaint about an
inoperable Chevrolet van in the front yard of this property. Ms. White stated she went by the
property today and the vehicle is gone.
Staff recommends the Board find the property owner in violation for the time in violation and
now in compliance.
Motion: The Board adopts the staff recommendation as stated.
Moved by Luthringer, Seconded by de Luna
The motion was approved unanimously.
D. 265 Jasmine Street, Nathan Whelchel, Case #14-974: violation of Atlantic
Beach City Code, Sec. 24-163(b) Recreational vehicles stored or parked.
Ms. White presented the case, stating the Notice of Violation was sent on 3/12/14 and
received/signed for on 3/15/14. Ms. White stated the boat belongs to the tenant, Timothy
Bottensek, and he has the boat stored in the front yard setback. Ms. White stated ownership was
determined by the tax records for Duval County; her inspection was prompted by a routine
Minutes of the Code Enforcement Board on July 8, 2014 Page 3 of 7
survey; proper notice was achieved by certified mail in accordance with F.S. 162; and, until the
tenant called her today, she had not spoken to someone in control of the property.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by removal of the boat from the property on or before 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 exist. The property owner is responsible for contacting the City Code Enforcement Officer
and obtaining an inspection of compliance. Discussion ensued.
Motion: The Board adopts the staff recommendation as stated.
Moved by Luthringer, Seconded by Keith
Amended Motion: The Board adopts the staff recommendation, except the fine be
increased to $250.00 for the first day and $250.00 for every day thereafter the violation
continues to exist.
Moved by de Luna, Seconded by Stinson
Votes:
Aye: - 3 — Stinson, de Luna, Keith
Nay: - 4 - Harless, Lombardi, Coplan, Luthringer
Motion Failed
Discussion ensued and they voted on the original motion which was approved unanimously.
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. 24-163(b) Recreational vehicles stored or parked.
Ms. White presented the case, stating two Notices of Violation were sent, one on 3/13/14 and
one on 5/2/14. Ms. White stated the Notices of Violation were received/signed for on 3/18/14
and 5/9/14. Ms. White presented photos of the property showing the vehicles, trailers and boat
on the property. Ms. White stated they are now in compliance, but it took quite some time. She
stated she spoke with the tenant today, Ashley Degood-Alexander. Ms. White stated 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 owner, Richard.
Staff recommends the Board find the property owner in violation for the time in violation and
now in compliance.
Motion: The Board adopts the staff recommendation as stated.
Moved by Coplan, Seconded by Luthringer
The motion was approved unanimously.
F. 1365 Violet Street, Federal National Mortgage Association, Case #14-994:
violation of International Property Maintenance Code, Sec. 302.4 Weeds.
Ms. White presented the case, stating two Notices of Violation were sent, one on 4/21/14 and
one on 5/5/14, and were received/signed for on 4/23/14 and 5/8/14. Ms. White stated she has
Minutes of the Code Enforcement Board on July 8, 2014 Page 4 of 7
also sent numerous emails to the property preservation companies to try and get the property
mowed. Ms. White stated ownership was determined by the tax records for Duval County; her
inspection was prompted by a complaint; proper notice was achieved by certified mail in
accordance with F.S. 162; and she has not spoken to someone in control of the property.
Ms. White stated this property was one that belonged to Mr. Bennett and it was foreclosed on
and the bank got title to it. Ms. White stated she went by the property today and it is still
overgrown. Discussion ensued.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by mowing the property and maintain the property mowed and clean on or before 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 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 de Luna
Mr. Stinson stated he felt the $100.00 a day was not going to get any response adding he felt this
was one of the times where higher fines would be more applicable. Ms. Harless asked Ms.
Coplan if she accepts that amendment. Ms. Coplan stated she would tend to agree and Mr. de
Luna also agreed. Mr. Luthringer explained a number had not been given. Chair Harless asked
Mr. Stinson if he had a number he would like to impose. Mr. Stinson suggested $250.00 per day
and Ms. Coplan and Mr. de Luna agreed.
Amended Motion: The Board adopts the staff recommendation, except the fine be
increased to $250.00 for the first day and $250.00 for everyday thereafter the violation
continues to exist.
Moved by Stinson, Seconded by Coplan
Chairman Harless called for a vote on the amended motion for $250.00 per day.
The motion was approved unanimously.
G. 389 Sargo Road, Sean Broughton, Case #14-996: violation of International
Property Maintenance Code, Sec. 302.8 Motor vehicles.
Ms. White presented the case, stating the Notice of Violation was sent on 4/15/14 and
received/signed for on 4/23/14; 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
for the Notice of Violation and by posting of the property for the Notice of Hearing in
accordance with F.S. 162; and she has spoken with someone in control of the property, Mr.
Broughton. Ms. White presented photos of the truck in question and stated the vehicle is now
gone.
Staff recommends the Board find the property owner in violation for the time in violation and
now in compliance.
Minutes of the Code Enforcement Board on July 8, 2014 Page 5 of 7
Motion: The Board adopts the staff recommendation as stated.
Moved by Luthringer, Seconded by de Luna
The motion was approved unanimously.
H. 1339 Rose Street, Mark Franzoni, Case #14-1006: violation of Atlantic Beach
City Code, Sec. 24-154 Outside storage.
Ms. White presented the case, stating the Notice of Violation was sent on 4/9/14 and
received/signed for on 4/12/14; ownership was determined by the tax records for Duval County;
her inspection was prompted by a complaint; proper notice was achieved by certified mail in
accordance with F.S. 162; and she has spoken with someone in control of the property, Mr.
Franzoni. Ms. White stated the original complaint was about a bed frame and miscellaneous
items on the property and, as of today, the property is in compliance.
Staff recommends the Board find the property owner in violation for the time in violation and
now in compliance.
Motion: The Board adopts the staff recommendation as stated.
Moved by Luthringer, Seconded by Stinson
The motion was approved unanimously.
I. 95 W 2" Street 95-97, Kevin Bennett, Case #14-1022: violation of
International Property Maintenance Code, Sec. 302.4 Weeds and Sec. 302.8 Motor vehicles.
Ms. White presented the case, stating the Notice of Violation was sent on 4/14/14 and
received/signed for on 4/17/14; 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, Mr.
Bennett.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by removing or moving and making operable the purple Chevrolet Geo on or before
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 exist. The property owner is responsible for contacting the
City Code Enforcement Officer and obtaining an inspection of compliance.
Motion: The Board adopts the staff recommendation as stated.
Moved by Coplan, Seconded by Keith
Discussion ensued.
Amended Motion: The Board adopts the staff recommendation, except that compliance be
achieved by demonstrating the vehicle is not in a state of disrepair, major disassembly or in
the process of being stripped or dismantled.
Moved by Luthringer, Seconded by de Luna
The motion was approved unanimously.
Minutes of the Code Enforcement Board on July 8, 2014 Page 6 of 7
5. Miscellaneous Business
None.
6. Adjournment
There being no further discussion, the meeting adjourned at 7:07 p.m.
tee e
e -Veda Harless, Chair
Dayn . Williams, Secretary
Minutes of the Code Enforcement Board on July 8, 2014 Page 7 of 7