9-9-14 Minutes.pdfCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. — September 9, 2014
IN ATTENDANCE:
Ian Luthringer, Vice Chair
John Stinson
Meade Coplan
Louis Keith
Richard Lombardi, Alternate
ABSENT:
Veda Harless (Excused)
Benjamin de Luna (Excused)
Richard Komando, City Attorney
Deborah White, Code Enforcement Officer
Dayna Williams, Secretary
Vice Chair Ian Luthringer called the meeting to order at 6:06 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 July 8, 2014.
Moved by Keith, Seconded by Coplan
The motion was approved unanimously.
2. Administration of Oath to Defendants/Witnesses
Vice Chair Ian Luthringer gave the oath to the defendants and witnesses.
3. Old Business
CASE ID NAME & ADDRESS VIOLATION
14-00000920 BENJAMIN BROWN JR
457 SAILFISH DR
Sec. 24-157 Fences, walls etc. Fence
Maintenance
Sec. 24-173(b)(1) Outside storage (resi)
Sec. 24-163 (b)(2) Heavy Vehicle (too
many)
Code Enforcement Officer Debbie White presented the case, stating the original violations were
fence maintenance, heavy vehicles and outside storage in a residential area. Ms. White presented
photos of the property, stating Mr. Brown is now in compliance.
Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation as stated.
Moved by Lombardi, Seconded by Keith
The motion was approved unanimously.
14-00000953
THOMAS J BENNETT
SOVEREIGN INVESTMENT
GROUP LLC
1365 ROSE ST
Sec. 24-154 Outside Storage Resident
Ms. White presented the case, stating the property was recently titled in another name and there was
no service. She stated she would post the property for the next Code Enforcement Meeting.
14-00000974 NATHAN WHELCHEL Sec. 24-163 (b)(2) Heavy Vehicle Store (fyd)
265 JASMINE ST
Ms. White presented the case, stating the violation was before the Board in a previous meeting and
the property is now in compliance.
Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation as stated.
Moved by Stinson, Seconded by Coplan
The motion was approved unanimously.
4. New Business
CASE ID NAME & ADDRESS VIOLATION
14-00001023 ROBERT BILLHARDT ET AL IPMC Sec. 302.8 Motor Vehicle
92 W 2ND ST
Ms. White stated there was no service and she will post the property for the next Code Enforcement
Meeting.
14-00001028
TOM CABRAL
85 EDGAR ST
IPMC Sec.301.3 Vacant Structures & Land
Ms. White stated there was no service and she will post the property for the next Code Enforcement
Meeting.
14-00001088
WILLIE P HOBBS IPMC Sec. 302.8 Motor Vehicle
410 SARGO RD
Ms. White presented the case, stating the violation was for an inoperable white Chrysler vehicle. Ms.
White presented photos of the property, stating the vehicle has been removed and the property owner
is now 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 Keith, Seconded by Lombardi
Minutes of the Code Enforcement Board on September 9, 2014 Page 2 of 7
The motion was approved unanimously.
14-00001099
TIMOTHY ANDERSON IPMC Sec. 302.7 Accessory Structures
824 SHERRY DR
Ms. White presented the case, stating the violation is for a concrete block wall that is leaning. Ms.
White presented photos of the wall showing the wall has separated from the post. Ms. White stated
there was a permit issued for a fence, several years ago, and there was no footing inspection. She
stated it appears the foundation has failed. Ms. White stated Mr. Anderson is present and would like
to address the Board.
Timothy Anderson, 824 Sherry Drive, submitted hand-outs, as Exhibit A, for the Board to review.
Mr. Anderson explained the first page of Exhibit A was a breakdown of the experience to date
regarding the wall. He stated he acquired the property in 2009 and the leaning wall was noted and
measured at that time. He stated in 2011 he made a request to Atlantic Beach to maintain the
easement between the wall in question and Seminole Road. He stated the easement was not
maintained and is still not maintained by the City of Atlantic Beach. He stated the level of grade
continues to erode between the wall and Seminole Road. He stated in May 2014 he received a notice
from the City of Atlantic Beach due to a complaint about the wall. Mr. Anderson stated he contacted
a structural engineer who believes the wall has settled due to a lack of grade maintenance by the City.
He stated the engineer believes the wall will not settle any further, however, the engineer is unwilling
to write an opinion letter, due to liability issues.
Mr. Anderson stated he contacted a foundation repair specialist to place footers under the wall to
level the wall, which would place eleven footers under the wall. Mr. Anderson stated, though he is
not an expert on City easements, he believes the footers would technically infringe upon the City
easement. He stated the specialist dug a test footer to test soil compaction and the size of the existing
footers. Mr. Anderson stated the foundation specialist believes the wall will not settle any further,
however, is unwilling to write an opinion letter, due to company policy.
Mr. Anderson discussed possible solutions and stated he hoped a win/win situation could be reached.
Discussion ensued.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by removal or obtaining a building permit and repair the collapsing concrete block wall with
approved inspections by November 30, 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 exception that the date of
compliance be changed to 1/13/15.
Moved by Coplan, Seconded by Stinson
The motion was approved unanimously.
14-00001136 MIDFIRST BANK IPMC Sec. 308.1 Rubbish and garbage
990 ORCHID ST IPMC Sec. 302.8 Motor Vehicle
Minutes of the Code Enforcement Board on September 9, 2014 Page 3 of 7
Ms. White presented the case, stating the property was a foreclosure and is now owned by Midfirst
Bank. Ms. White presented photos of the property, stating when the previous owner moved out they
left a huge mess in the rear yard. She stated it has now been cleaned up and they are 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 Coplan Seconded by Keith
The motion was approved unanimously.
14-00001142
REVERSE MORTGAGE IPMC Sec. 302.4 Weeds
SOLUTIONS,INC
331 SKATE RD
Ms. White presented the case, stating the property has been vacant for several years and the violation
has been weeds. She presented photos of the property, stating it has been a constant problem trying
to get the property maintained and the weeds cut. Ms. White stated the property is not maintained on
a regular basis.
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 Keith
The motion was approved unanimously.
14-00001153 LINDA J ASHLEY
722 CAVALLA RD
FBC Sec. 105 Permits - Required SWO Florida
Bldg Code
Sec. 24-154 Outside Storage Resident
Sec. 24-157 Fences, walls etc. Fence Maintenance
Ms. White presented the case, stating the property is located on Cavalla Road and they were initially
constructed as apartment buildings and were subsequently sold to individuals as townhouses. Ms.
White stated, as part of the construction, the required off-street parking spaces were located in the
back. She presented photos of the property and stated there is supposed to be angled parking spaces
in the back with a driveway adjacent to the building. Ms. White stated over the years there have been
a lot of things placed behind the building and there is no access. She stated there are some areas in
front of the buildings that have been paved and people are parking in the front, but it does not meet
the requirement of two off-street parking spaces. Ms. White stated Ms. Ashley has a shed and a fence
which blocks access to the required parking, and is in violation of the code. Ms. White explained
there is not enough space to allow the tenants to permit the fence and shed, and therein lies the
violation.
Linda Ashley, 722 Cavalla Road, stated she has owned the property since 1988. She stated the
storage shed has been there in excess of five years, and nothing was ever said. She stated she did not
realize a permit was necessary to put a building up and she did not get a permit for the shed or the
fence. She explained there are an excessive amount of transients who come through the property, as
well as a number of other problems in the area. She asked if the tenants could obtain a permit to
enclose the entire back area or do they have to let everybody drive through.
Minutes of the Code Enforcement Board on September 9, 2014 Page 4 of 7
Ms. Coplan asked Ms. Ashley if she had approached the Planning and Zoning Department to see if it
was possible to enclose the property and she stated no. Mr. Luthringer asked Ms. White why the
fence was not mentioned in her staff recommendation and Ms. White stated Ms. Ashley would have
to take the fence down in order to remove the shed. Mr. Luthringer asked Ms. White if she would
want to include that in her recommendation, and Ms. White stated yes. Ms. White explained Ms.
Ashley cannot put anything back there to obstruct the aisle or the parking. Ms. White stated the only
option the tenants have is to get together and apply for a variance.
Motion: The Board adopts the staff recommendation with the exception that we delay the fine
until January 2015 to allow Ms. Ashley time to approach the City with a plan for her property,
and if that is not done, the fine will go into place at that time, unless you remove it.
Mr. Luthringer asked Ms. Coplan if she wanted to include the removal of the fence in adopting the
staff recommendation and she said yes. Mr. Luthringer asked Ms. Coplan to restate her motion.
Moved by Coplan
Motion: The Board adopts the staff recommendation and add that the fence be removed, in
addition to the staff recommendation, with the exception that we delay the fine until the second
week of January 2015 to allow Ms. Ashley time to approach the City with a plan for her
property, and if that is not done, the fine will go into place at that time, unless you remove it.
Moved by Coplan
Ms. Ashley stated the first letter she got was just for the shed, and she asked if she could just take the
shed out and put the fence up until she gets another Ordinance Violation. Mr. Luthringer asked Ms.
White to verify if she posted the property for both the fence and the shed violations. Ms. White
stated the original violation was for the fence in the front yard, not for the back yard.
Ms. Coplan withdrew her motion and restated.
Motion: The Board adopts the staff recommendation with the exception that we give the
property owner until the second week of January 2015 to comply; allow Ms. Ashley time to
approach the City with a plan for her property, and if that is not done, the fme will go into
place at that time.
Moved by Coplan
The City Attorney, Richard Komando, stated the Board may want to consider tabling the case until
the November meeting, since there is going to be another violation on the back fence.
Motion: The Board moves to defer this case until the November meeting so we can consider the
violation of the shed in conjunction with what we anticipate being a violation of the back fence.
Moved by Luthringer, Seconded by Stinson
The motion was approved unanimously.
14-00001154 BOBBI D WHEATON FBC Sec. 105 Permits - Required SWO
724 CAVALLA RD Florida Bldg Code
Sec. 24-154 Outside Storage Resident
Minutes of the Code Enforcement Board on September 9, 2014 Page 5 of 7
Ms. White presented the case, stating this is the same scenario as the previous case. She stated the
original violation was for outside storage and, currently, before the Board, there is a stop work order
on the two plastic sheds in the rear yard. Ms. White presented photos of the property, stating it is the
same scenario as the previous case; there is no permit and the sheds are not tied down. She stated
Ms. Wheaton needs to remove them or get a variance and a permit to keep them there.
Bobbi Wheaton, 724 Cavalla Road, stated she got the first shed in 2007 and called the City of
Atlantic Beach to see if she needed a permit. She stated the gentleman, who was the Code
Enforcement Officer at that time, told her she did not need a permit, as a Rubbermaid shed is not
considered a permanent structure and you do not need a foundation. She stated she inherited the
second shed after her parents passed. Ms. Wheaton stated she has been told by several people that
the back alley is the tenant's property and is no longer considered a secondary parking area, because
they do have proper parking in the front and the side of their building. She stated she has been told
this by Mike Jones, Dale Hatfield and Rick Carper. Ms. Wheaton stated she would like some
clarification from the City as to what is right and what is proper for us as citizens of the City.
Discussion ensued.
Motion: The Board moves to defer this case until the next regularly scheduled meeting so the
parties can move forward with another avenue.
Moved by Luthringer, Seconded by Coplan
The motion was approved unanimously.
5. Rehearing
CASE ID
13-665 & 13-726
NAME &ADDRESS
CREDIT SUISSE FIRST
BOSTON MORTGAGE
SECURITIES CORP
1335-1339 VIOLET ST.
Property in compliance. Rehearing on
accrued fines.
Ms. White stated she has two cases on the same property and she has done them separately, by
address. She stated it is a duplex and this is a rehearing on the fines. She stated the property is
currently bank -owned. Ms. White stated the violation on Case 13-665 was for outside storage and
weeds. She stated when they came before the Board, an Order was issued with a compliance date of
January 31, 2014. She stated they did not meet the compliance date and the fine is currently
$1,818.50, from February 1, 2014 to February 19, 2014.
Ms. White stated the violations on Case 13-726 were accessory structures, roofs and drainage, and
weeds. She stated they did not meet the compliance date of January 31, 2014, and the fine has accrued
to $6,118.50 from January 31, 2014 to April 20, 2014. Ms. White stated the total fine on the property
is $7,937.00. Ms. White stated Ms. King, a representative for the bank, is present to request a
reduction of the accrued fines.
Sue King, with DataQuick Title, representing the bank, stated Wells Fargo is the servicer, and U.S.
Bank National is the owner of this foreclosed property. Ms. King stated they took Certificate of Title
on October 17, 2013, but they had to evict. She stated the eviction was not completed until November
20, 2013 and then they had to do a personal property eviction. Ms. King stated the bank put
$65,370.00 into repairing the property, after they got everybody out. Discussion ensued.
Minutes of the Code Enforcement Board on September 9, 2014 Page 6 of 7
Motion for Cases #13-665 and #13-726: Reduce the fine on Case #13665 to $1000.00 and reduce
2014.
Moved by Coplan, Seconded by Lombardi
Mr. Stinson asked Ms. White to detail her communications with the bank officers from the time the
Notices were received by them until today. Discussion ensued.
Amended Motion: Amend ori inal motion to reduce the fine on Case #13-726 to $4 000.00
(instead of $L500)for a total of $2 500 .
Moved by Luthringer, Seconded by Stinson
Votes:
Aye: 4 — Luthringer, Keith, Stinson, Lombardi
Nay: 1—Copan
Motion Carried
Mr. Luthringer asked for a vote on the original motion as amended. (Reduce the fine on Case #13-
665 to $1,000.00 and reduce the fine on Case #13-726 to $4,000.00 for a total fine of $5,000 to be
paid in full by October 30, 2014.)
Votes:
Aye: 4 — Luthringer, Keith, Stinson, Lombardi
Nay: 1 — Coplan
Motion Carried
6. Miscellaneous
usiness
There being no further discussion, the meeting adjourned at 7:20 p.m.
Adjournment
In accordance with the provisions of Florida Statute, Section 286.0105, if a person decides to
appeal any decision made by the 11 oard 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 11 oard Secretary at (904) 247-5810 no later than 48 hours prior to the meeting.
n A
,C1
Veda Harless, Chair
Dan i. Williams, Secretary
Minutes of the Code Enforcement Board on September 9, 2014 Page 7 of 7