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Agenda Packet 1-8-13.pdfCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 6:00 P.M., JANUARY 8, 2013 Call to Order Pledge of Allegiance to the Flag Roll Call 1. Approval of the Minutes of the Special Called Meeting held on November 19, 2012. 2. Administration of Oath to Defendants/Witnesses. 3. Old Business None 4. New Business A. 735 Bonita Road, Kimberly Peters, Case #67512: violation of Atlantic Beach City Code, Sec. 24 -173 Neighborhood Preservation. B. 742 -748 Cavalla Road, John S. Wilburth, Case #76712: violation of International Property Maintenance Code, Sec. 302.8 Motor Vehicles;. violation of Atlantic Beach City Code, Sec. 24 -173 Neighborhood Preservation. C. 141 Jasmine Street, W. Glenn Jackson, Case #81212: violation of International Property Maintenance Code, Sec. 302.8 Motor Vehicles. D. 831 Bonita Road, Winston Cunningham, Case #78412: violation of Atlantic Beach City Code, Sec. 24 -173 Neighborhood Preservation. E, 1990 Park Street, Willie F. Miley, ET AL, Case #79512: violation of International Property Maintenance Code, Sec. 302.8 Motor Vehicles. F. 44 Jackson Road, Darryl Lamar and Lacreshia D. Harris, Case #61212: violation of International Property Maintenance Code, Sec. 301.3 Vacant structures and land; Sec. 304.1 Roofs and Drainage; Sec. 304.2 Protective Treatment; Sec. 604.3 Electrical System Hazards. G. 1500 Main Street, Cemetary Professionals, LLC, Case #67612: violation of Atlantic Beach City Code, Sec. 6 -16 Florida Building Code Adopted; FBC Sec. 105.1 Permit Required. H. 43 Stanley Road, Yousef Sultani. 1.) Case #66012: violation of Atlantic Beach City Code, Sec. 24 -173 Neighborhood Preservation. 2.) Case #66112: violation of Atlantic Beach City Code, Sec. 6 -16 Florida Building Code Adopted; FBC Sec. 105.1 Permits Required; violation of Atlantic Beach City Code, Sec. 24 -151 (2) C Accessory Structures and Uses; violation of Atlantic Beach City Code, Sec. 24 -157 Fences, Walls, and Similar Structures; Sec. 24- 157(B) Fence Height and Location. 3.) Case #66212: violation of Atlantic Beach City Code, Sec. 6 -16 Florida Building Code Adopted; FBC Sec. 105.1 Permits Required; FBC Sec. 110.4 Certificate of Completion. 5. Miscellaneous Business None 6. Adjournment CITY OF ATLANTIC BEACH SPECIAL CALLED MEETING CODE ENFORCEMENT BOARD MINUTES 6:00 P.M. —November 19, 2012 IN ATTENDANCE: Veda Harless, Chair Dayna Williams, Secretary Juliette Hagist Alan Jensen, City Attorney Ian Luthringer Suzanne Green, Prosecuting Attorney Richard Ouellette Benjamin de Luna ALSO IN ATTENDANCE: Nicholas Dodaro Vic Gualillo, Commander John Stinson, Alternate Kelley Caton, Animal Control Officer ABSENT: Meade Coplan (Excused) 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 minutes of the Special Called Code Enforcement Board Meeting of November 1, 2012. Moved by de Luna, Seconded by Ouellette 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. 330 Magnolia Road, Suzanne Leviseur and Cecilia Babillis, Police Case #12- 17084: Atlantic Beach City Code, Chapter 4, Sec. 4 -10 Dangerous Dog. B. 330 Magnolia Road, Suzanne Leviseur and Cecilia Babillis, Police Case #12- 17085: Atlantic Beach City Code, Chapter 4, Sec. 4 -10 Dangerous Dog. C. 330 Magnolia Road, Suzanne Leviseur and Cecilia Babillis, Police Case #12- 17086: Atlantic Beach City Code, Chapter 4, Sec. 4 -10 Dangerous Dog. Prosecuting Attorney Suzanne Green stated they are presenting a case today with one owner and three dogs with numerous incidents. She stated they are asking each dog to be declared dangerous. She stated instead of proceeding dog by dog by dog, she felt it was more concise to go by date of incident, because these dogs attack in packs, in twos, and so on. She stated the Board would see in front of them a summary of incidents of how she is going to proceed. She stated when the Board is deliberating she needs the Board to look at each dog individually, how they acted, and if they fit under the dangerous dog provision. She stated we are proceeding under 4- 10(1)(d) which is when the dangerous dog has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement. She stated she had eyewitnesses and the Animal Control Officer. She stated we would hear testimony of severe injury which is under 4- 10(1)(b). She stated we are presenting evidence and asking the Board to find every dog under (1)(d), however, if you feel you need to add (1)(b) on top of that, that is fine, but we are proceeding under (1)(d). Ms. Green stated Attorney Robert Willis, representing the respondents in this case, had a procedural issue to present. Attorney Willis came to the podium stating he has not previously appeared in any proceedings which have predated tonight's events. Mr. Willis stated he has filed a Motion to Dismiss or Alternative Relief which is the title of the motion. He stated it has to do with due process considerations. He stated it is an overview of where we are generally, not just from a pure legal standpoint, but from the standpoint of where we are addressing the complaints that are here tonight. He stated the principal owner and custodian of these dogs is Ms. Babillis, who is here tonight. Ms. Babillis and her mother live here and have lived in the same home since 1982. He stated Ms. Babillis is a student at The University of North Florida and her mother is an engineer. He stated the three dogs are rescue dogs they have acquired at different times. Mr. Willis stated what they believe is going on here is there have been a series of incidents all of which are related to the undeniable fact that Ms. Babillis has allowed these dogs to run at large without a leash. He stated, as far as knowing there was some kind of unprovoked, menacing behavior such as contemplated by the Ordinance, that is not something we had notice of. Mr. Willis stated they were furnished notice of that on October 10, 2012. He stated since that time the respondents have ceased that behavior, and in fact somewhat preceding that they ceased that behavior, and these dogs have not been the occasion of any further complaints since then. Mr. Willis stated he did not want to bog the Board down in the legalities because he has been told by Mr. Jensen and Ms. Green that is something we preserve for another day, if there is another day. He stated, according to what he is seeing from Mr. Jensen, Mr. Jensen perceives it is not the Board's position to legally decide such motions, and Mr. Willis stated he does not necessarily disagree with that; we are trying to preserve it. Mr. Willis stated, as we read the Ordinance, we believe we were entitled to notice and the opportunity to correct the problem. There are two exceptions under the Ordinance, neither one of which apply here, and the only notice we got in the sense contemplated by the Ordinance is the notice which we got on October 10, 2012, and there has never been a period provided during which we could correct the problem. He stated the first reaction you may have is this is not a problem you can correct, but that is not true. If the dogs are misbehaving in any way you can spend five minutes on the internet and you can find any number of dog behavior experts that can modify dogs behavior, including this kind of behavior. He stated the proposition that we have concluded that motion with is the same proposition that we conclude here. He stated we perceive the statute and this Board's efforts to be corrective in nature and not punitive in nature. He further stated these Ordinances are drawn so that any dog, on even a single occasion, were to growl at someone in an unprovoked fashion, it would qualify as a dangerous dog under your ordinance, and he does not think, that is what we have in mind. He stated that he thinks what we are concerned with is protecting the citizenry from repeated behavior of that nature. He stated that is why it is called corrective, it is not a penalty imposed on the dog or the owner because of the behavior, but to correct and make sure that it does not occur in the future. He stated we have taken steps to do that as demonstrated by the fact there have been no more instances. He stated there is no more running at large, they keep the dog in the back yard properly fenced in, and so what we have concluded the motion with is a request for a relief to allow us a period of time within which to correct this problem and not go to the extreme of declaring these dogs, any one or more of them, as being dangerous. He stated the simple reason for that is if you do declare these dogs Draft Minutes of the Code Enforcement Board on November 1, 2012 Page 2 of 20 dangerous, there are some onerous conditions which are imposed, some of which can be accommodated, but there is one in your Ordinance which cannot, and that is the requirement that you purchase or acquire a three- hundred thousand dollar liability policy. Further, if you are going to get insurance, you have got to notify the insurance company that the dog has been declared dangerous and show written proof to the city that you advised the insurance company of that, and the only alternative to that is to purchase a surety bond. Mr. Willis stated his view is there is no such coverage available in the marketplace. He further stated the surety bond or the insurance are so far beyond the ability of these persons to pay; that in effect, if these dogs are declared to be dangerous and nothing is done to undo that finding, then the net result is they will lose these dogs. It will be a taking by the government in the same way that imminent domain or condemnation of property or any other. He stated that is what they think the ultimate bottom line is here and that is what the outcome will be by your actions. He stated for all of those reasons, we are suggesting we ought to find some solution to this problem that should have been a neighborhood problem and handle it in a way that gives these folks the opportunity to retain their property, their chattel, and their dogs, without going to the extreme of, in effect, denying them their property. That is our position. Chair Harless stated she was going to address the motion and, as Mr. Jensen briefly explained to the Board, we did not receive that prior to this meeting. Ms. Harless stated, as they are not a full judicial board, what we will do tonight is hear the case presented. She stated she understood Mr. Willis's concerns and if any of the other Board members have questions after Ms. Green has presented her information, he will have an opportunity to answer other questions by the Board and see if we can come to an agreeable resolution for this. Mr. Willis stated his only purpose in bringing that up was he had furnished this motion to Ms. Green and Mr. Jensen on Friday, and sent a cover letter to Ms. Green with it, stating he was not familiar with how we file things before this Board. He stated if the Board has not had an opportunity to see the motion then he thinks that is a problem that should be addressed; but his interest is in preserving that issue. He stated that is what he is here to do and if that issue has, in effect, been reviewed by you and your counsel and you are satisfied we should go forward, not withstanding our motion, then that is okay with him; he just does not want to be waiving an issue that we have presented. Chair Harless stated she would leave that to legal counsel between Mr. Jensen and Ms. Green. Chair Harless stated what the Board is hearing today is the Notice of Violation of a code. She stated Mr. Willis brought up some great questions regarding the Code and if it is what it should be. She further stated the Board could only vote on what is going to be presented tonight and do our best to come out with an agreeable resolution for all. Ms. Suzanne Green stated she has prepared an evidence packet for the Board and Ms. Williams has a copy of the evidence packet in front of her. She stated the first thing she would like to introduce is an affidavit and she is doing this in time line. She stated the affidavit is from January 20, 2009. She stated the affidavit is from Jennifer Chalot and she wanted to introduce it as Exhibit 1. She stated this affidavit concerns Jack, a brown pit bull mix. She stated we would be hearing about three pit bull mixes. We have Jack, we have Lola, who is brown and white or tan and white, and then we have Jewel, who is black. She stated those are the three dogs to keep in mind when you are hearing all the instances. Ms. Green stated on January 20, 2009, Ms. Chalot testified Jack was roaming on her street and ran in front of her car as she pulled in her driveway. Ms. Chalot testified Jack began barking when she honked and refused to move. Ms. Chalot testified she parked her car and attempted to walk to her mailbox when Jack charged at her growling with teeth bared. Ms. Chalot testified she avoided eye contact and tried to calm him while walking to the mailbox, but he became increasingly agitated. She testified she Draft Minutes of the Code Enforcement Board on November 1, 2012 Page 3 of 20