Agenda Packet CEB 11-13-13.pdfCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD AGENDA
6:00 P.M., NOVEMBER 13, 2013
Call to Order
Pledge of Allegiance to the Flag
Roll Call
10 A. Approve the Minutes of the Special Called Code Enforcement Meeting of August
21, 2013.
Be Approve the Minutes of the Regular Code Enforcement Meeting of September
10, 2013,
29 Administration of Oath to Defendants/Witnesses.
3. Old Business
A. Castle Corp of Jacksonville, Oliver J. Kraut - Request for Rehearing.
1917 Mealy Street, Castle Corp of Jacksonville, Oliver J. Kraut, Case #12 -112
B. Marshal and Yousef Sultani- Request for Rehearing.
43 Stanley Road, Marshal and Yousef Sultani.
1.) Case #12 -660
2.) Case 912 -661
3.) Case #12 -662
4. New Business
A. 1890 Live Oak Lane, Kenneth H. Akers, Case #13 -162
B. 651 Begonia Street, Donovan Enterprises LLC, Case 913 -503
C. 599 Begonia Street, Joe Edward Hills, ET AL, Case #13 -527
D. 609 Camelia Street, Helen B. Reid, Case #13 -579
E. 1044 Hibiscus Street, Brenda Howard, Case #13 -600
F. 1639 Sea Oats Drive, Keith D. Collier, Case #13 -608
G. 1339 Violet Street, Thomas J. Bennett, Case #13 -665 and Case 913 -726
H. 297 Aquatic Drive, Beaches Aquatic Pool, Case #13 -679
I. 1500 Main Street, Cemetery Professionals LLC, Repeat Violation -
Case #13 -721
5. Miscellaneous Business
►
INWIN
6. Adjournment
DRAFT
CITY OF ATLANTIC BEACH
SPECIAL CALLED MEETING
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. — AUGUST 21, 2013
IN ATTENDANCE:
Veda Harless, Chair
Ian Luthringer, Vice Chair
Meade Coplan
Richard Ouellette
ABSENT:
Juliette Hagist (Excused)
Benjamin de Luna (Excused)
John Stinson, Alternate (Excused)
Deborah White, Code Enforcement Officer
Dayna Williams, Secretary
Alan Jensen, City Attorney
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 Code Enforcement Board Meeting of July 9, 2013.
Moved by Ouellette, Seconded by Luthringer
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. Oliver J. Kraut, Et Al- Request for Rehearing.
363 Skate Road, Oliver J. Kraut, Et Al, Case #12 -906
Code Enforcement Officer Debbie White presented the case, explaining some background
Exhibits she provided to the Board. Ms. White stated Exhibit 1 is a letter from the new property
owner, Mr. Kraut, requesting a rehearing; Exhibit 2 is the Affidavit of Compliance; Exhibit 3 is a
letter Ms. White sent to Mr. Kraut on the fines and liens the Code Board had on the property
when the property transferred title. Ms. White stated her inspection was prompted by a
complaint; proper notice was achieved by certified mail; and she has spoken with someone in
control of the property, Mr. Kraut. Ms. White presented photos of the property showing the
property was now in compliance.
Staff recommends the Board find the property owner in compliance and the fine accrued on the
property be reduced from $11,200 to $5,000 with the condition payment be made in full on or
before October 31, 2013. If fine is not paid in full by this date the original fine will be imposed
plus interest.
Chair Harless asked if the fine was in place when the bank auctioned the property and Ms. White
stated yes. Ms. Harless asked if the bank ever contacted Ms. White regarding the fine on the
property and if it was disclosed in the auction. Ms. White stated she was never contacted and the
bank did not disclose the fines. Ms. Harless asked if the bank would have seen the lien when the
title search was done, and Ms. White stated they pay cash at the auctions and there is no title
search. Mr. Luthringer asked if the municipal liens for Atlantic Beach show up on the tax
collector website and Ms. White stated yes, the actual Order is recorded. Ms. White stated Ms.
Kraut is present and would like to address the Board.
Chair Harless asked the witness to state her name and address. The witness stated Susan Kraut,
226 Tallwood Road, Jacksonville Beach. Ms. Kraut stated she did not think there was anything
else she could add. She stated the bank never took title and actually owned the property. Ms.
Kraut stated the property was in foreclosure and she bought it from the county auction.
Discussion ensued regarding the process of recording liens and the responsibility and handling of
title searches.
MOTION: The Board adopts the staff recommendation as stated with the exception that
the fine be reduced to $2,500.
Moved by Luthringer, Seconded by Coplan
The motion was approved unanimously.
B. Yousef Sultani- Request for Rehearing.
43 Stanley Road, Marshal and Yousef Sultani,
Code Enforcement Officer Debbie White presented the case, stating the property owner is
Marshal Sultani; the address of the property is 43 Stanley Road; there are three cases on this
property:
1.) Case 912 -660: violation of Atlantic Beach City Code, Sec. 24 473
Neighborhood Preservation and property maintenance standards.
2.) Case #12 -661: Chapter 6, Sec. 6 -16 Florida Building Code Adopted; Sec.
105.1 Permits Required; Sec. 24 -151 Accessory Structures and Uses; Sec. 24-
157 Fences, Walls, and Similar Structures; Sec. 24- 157(B) Fence Height and
Location.
3.) Case #12 -662: Sec. 6 -16 Florida Building Code Adopted; Sec. 105.1
Permits Required; FBC Sec. 110.4 Certificate of Completion and Sec. 105.4.1
Expired Permits (building permit #11- 1633).
Ms. White presented photos of the property and discussion ensued regarding the existing
violations. Ms White stated the Board issued Orders at the January 8, 2013 meeting giving Mr.
Sultani until July 8' 2013 to achieve compliance. Ms. White stated she did an inspection and
found Mr. Sultani did not meet the deadline. Ms. White stated she provided copies of the Orders
and an Affidavit of Non - Compliance for the Board to review. Ms. White stated Mr. Sultani
transferred title to the property on April 9, 2013 to his daughter, Marshal. Ms. White stated Mr.
Sultani did not disclose this information to her department, but Ms. White found it in the record.
Ms. White stated she sent a letter to Marshal Sultani to notify her of the Code Enforcement
Orders on the property. Ms. White stated she provided copies of the following for the Board's
Draft Minutes of the Code Enforcement Board on August 21, 2013 Page 2 of 9
review: copies of the letter she sent to Marshal Sultani; copies of the first letter Mr. Sultani sent
requesting a rehearing; copies of the letter she sent in response to his request, explaining to him
that the property needed to be in compliance before we addressed the issue; and copies of a
second letter from Mr. Sultani requesting a rehearing, stating she was instructed to place him on
the agenda for tonight's meeting.
Staff recommends the Board find the property owner in violation and order that full compliance
be achieved with the Code Enforcement Board orders executed January 17, 2013, and that the
current $100.00 per day fine, per case, continue to accrue until full compliance is achieved. In
addition, any fine shall also include the administrative costs to the City incurred in prosecuting
this case, the same as it was ordered previously. The property owner is responsible for
contacting the City Code Enforcement Officer and obtaining an inspection of compliance.
Respondent may request a rehearing in writing when property is in full compliance.
Ms. White stated there was not much to discuss because Mr. Sultani has not achieved
compliance and the fine continues at $100.00 per day. She explained his request in the first letter
sent was for more time, and she explained to him it was out of her hands once the Board issues
an order stating a date of compliance. Ms. White explained that once she sends the Affidavit of
Non - Compliance, the process is the respondent has 10 days to appeal her findings; so if the
respondent thinks they are in compliance and they disagree with her findings of non - compliance,
that is the way the appeal is supposed to work in this particular case.
Chair Harless asked Mr. Jensen if Mr. Sultani could speak on behalf of Marshal Sultan since he
had transferred title of the property. Mr. Jensen stated it was up to the Board to decide if they
would allow Mr. Sultani to speak on the owner's behalf. Discussion ensued. Mr. Luthringer
asked if any of Mr. Sultan's 3 cases were in compliance and Ms. White stated no.
The witness came to the podium and stated his name is Yousef Sultani and his daughter's
name is Marshal Sultani. Mr. Sultani stated he went to see Ms. White 10 days before
expiration and explained he had completed 90 percent of the work. and needed more time to
complete the work. Mr. Sultani stated Ms. White told him she could not do anything as the
Board had issued orders with a compliance date to be met. He further explained Ms. White
stated he could not go to the Board, he would need to go to the Circuit Court. Mr. Sultani stated
he called Michael Griffin, the Building and Zoning Director, and after further discussion he was
allowed to come back to the Board. Mr. Sultani stated he had completed most of the work and
discussion ensued.
Chair Harless asked Ms. White to state what work is left to do so the Board could determine if
they would allow any extra time to Mr. Sultani. Ms. White presented photos of the property
explaining the remaining work to be done. Mr. Luthringer asked Mr. Sultan why he waited until
July 16th to submit a written request for more time, when his time expired on July 8t", per Board
Order. Mr. Sultani explained several personal problems he had during that time. Mr. Luthringer
asked Ms. White why she could not accept an oral request from Mr. Sultani for a hearing and she
stated typically respondents do not come back before the Board until they are in compliance.
Mr. Luthringer stated, so there is no formal procedure for coming back before the Board through
Ms. White, as the Code Enforcement Officer, and Ms. White stated no, not with the self -
executing orders. Ms. White stated that is why she put in her recommendation the respondent
Draft Minutes of the Code Enforcement Board on August 21, 2013 Page 3 of 9
may request a rehearing in writing when property is in full compliance; then we can address the
issue of the fine.
Chair Harless asked the witness if he understood what Ms. White was saying about being in
compliance first, then requesting a rehearing to address the fines, and the witness stated yes.
Discussion ensued.
MOTION: The Board adopts the staff recommendation as stated.
Moved by Harless, Seconded by Coplan
Mr. Luthringer stated he did not want to repeat this again. He stated he wanted to have
something more concrete so we are not back here discussing reducing the fine and discussing the
same issues we are now. Mr. Luthringer stated he felt we should give the respondent a deadline
of 30 days to be in full compliance. He further stated if he obtains that compliance within 30
days, then the fines would be forgiven; if he fails to, then he would owe all the fines and there
would be no further extension. Discussion ensued. Ms. Harless stated they should vote on her
motion first, then have further discussion.
Votes:
Aye: - 3 - Ouellette, Harless, Coplan
Nay. - 1 - Luthringer
Motion Carried
Chair Harless asked Mr. Sultani if he understood the Board's decision, stating once he is in
compliance he may request a rehearing, in writing, to discuss the fines. The fines will continue
to accrue until he comes into compliance. Mr. Sultani stated he understood and would do as
recommended.
C. Walter Barnes, II, Owner/Louise W. Winfree, Buyer- Request for Rehearing.
421 Sargo Road, Case 911 -766
Code Enforcement Officer Debbie White presented the case, stating the Notice of Violation was
sent on 11 /l /11 and was signed for on 11/4/11. Ms. White stated this is an old case and she
provided the Board with a lot of background. Ms. White stated it has been an abandoned
property for years; Mr. Barnes is deceased and his son lives out of state in Missouri. Ms. White
stated she looked at the public record and found where it was probated on 2/5/09, so it has been
vacant for quite some time. Ms. White stated the fines have accrued to $55,400.00 to date, and
the son, Mr. Barnes, Il, has a prospective buyer, Ms. Winfree, who is present and would like to
address the Board. Ms. White stated there is a letter from Ms. Winfree requesting a rehearing, in
which she agrees to accept the City's recommendation of $15,000.00 be paid to the City. Ms.
White reiterated she provided the Board with a lot of background information if they would like
to look through it and ask any questions.
Mr. Luthringer asked if Ms. White had made a recommendation and both sides agreed to it. Ms.
White stated yes, but there are some conditions and she would read her recommendation to the
Board. She first presented photos of the property, stating it was not in compliance.
Draft Minutes of the Code Enforcement Board on August 21, 2013 Page 4 of 9
Staff recommends the Board
current fines accrued to $15,(
mowed and clean at all times.
full on or before October 31,
the fine being reinstated and
achieved,
find the property remains in violation and agrees to reduce the
)00.00, with the following conditions: Property to be maintained,
Property be in full compliance and a fine of $15,000.00 be paid in
2013. Failure to comply with any of the conditions will result in
continue at the rate of $100.00 per day until full compliance is
Chair Harless administered the oath to Ms. Louise Winfree at this time. Ms. Harless asked the
witness to state her name and address and the reason she is here. The witness stated she is
known as Woody Winfree, but her legal name is Louise Winfree, 335 Third Street, Atlantic
Beach. She stated she is here to expedite the suggestions that have been made on the property.
The witness stated she and her husband own the house to the north of that property and they have
been concerned about the dangerous state of disrepair for some time. Ms. Winfree stated their
intention is to demolish the home. She stated they also have long -term plans to build on the
property, but the first priority is to get it cleaned up and cleared. Ms. Harless asked if that would
bring it in compliance and Ms. White stated, except for the fence and grass, it would be in
compliance.
MOTION: The Board adopts the staff recommendation as stated.
Moved by Coplan, Seconded by Luthringer
The motion was approved unanimously.
4. New Business
A. 378 Ahern Street, Valcom Driver Leasing, Case #12 -879
Code Enforcement Officer Debbie White presented the case, stating the violation was for his
tenant, Reid Penuel, an attorney, who did not have a business tax receipt. Ms. White stated Mr.
Penuel paid his business tax receipt today, and he is now in compliance.
Chair Harless stated she would like to see a spreadsheet of what Ms. White generates by tracking
this, if at all possible. She stated it would be some type of benchmark to show other cities.
MOTION: The Board adopts the staff recommendation as stated.
Moved by Luthringer, Seconded by Coplan
The motion was approved unanimously.
B. 27 Edgar Street, Ossi Klotz LLC, Case 913 -123
Code Enforcement Officer Debbie White presented the case, stating the Notice of Violation was
sent on 6/6/13 and signed for on 6/10/13. Ms. White stated it is a violation of International
Property Maintenance Code, Sec. 304.2 Protective Treatment; Sec. 304.7 Roofs and drainage
and Sec. 24 -173 Neighborhood Preservation and property maintenance standards. Ms. White
stated ownership of the property 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, the
property manager, Lara Barker, who is present to address the Board.
Draft Minutes of the Code Enforcement Board on August 21, 2013 Page 5 of 9
Ms. White presented photos of the property stating the roof and eaves are rotted; the gable end
needs repair and there is water damage. Ms. White stated the violation of the outside storage has
been remedied at this time.
Chair Harless administered the oath to Ms. Barker at this time. Ms. Harless asked the witness to
state her name and address. The witness stated Lara Barker, office address is 645 Mayport
Road. The witness stated she is the manager /co -owner of the property. Ms. Barker stated they
had some problems with the partnership. She stated the part owner hired an agent and he started
collecting the rent, but they were not getting the money, as he was cashing the rent checks
fraudulently. Ms. Barker stated they are trying to open a case with the State's Attorney and so
they have not had the money for the repairs. Ms. Barker stated she has since contracted with
Romano Roofing, a licensed roofing contractor, and those repairs will be underway as quickly as
possible. The witness stated they intended to bring everything into compliance. She stated she
anticipated a permit would be pulled on Friday and the work will begin on Monday. Mr.
Luthringer asked the witness if she had any issue with the staff's recommendation of compliance
by October 31, 2013, and the witness stated absolutely not.
MOTION: The Board adopts the staff recommendation.
Moved by Luthringer, Seconded by Coplan
The motion was approved unanimously.
C. 1890 Live Oak Lane, Kenneth H. Akers, Case #13 -162
Code Enforcement Officer Debbie White stated she received no service on this property. Chair
Harless asked if Ms. White got any response. Ms. White stated she received the letter yesterday,
which does not give her enough time to post it. Ms. White stated there is no action on this case.
Chair Harless stated it is tabled /deferred for now.
D. 1515 Ocean Boulevard, Ossi Development, Inc., Case #13 -178
Code Enforcement Officer Debbie White presented the case, stating the original property owners
were the Petroni's, who sold the property on 6/13/13 to Ossi Development. Ms. White stated
Ossi Development was notified concerning the violations. Ms. White stated there were 2 issues.
She stated the previous owner had split the house into 3 separate dwelling units to rent and it is
in a single family district. Ms. White stated she had met with Ms. Petroni and verified that was
going on. Ms. White stated when she met with Ms. Petroni they were doing work on the 2nd
floor deck in the back of the house. Ms. White stated they issued them a stop work order
because they did not have a building permit. She stated they did not get a building permit, so
this is the first issue she was referring to.
Ms. White stated the 2nd issue is the single family dwelling. She stated the new owners only
have one tenant in the main house and they obtained a demolition permit yesterday to demolish
the house. 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 spoken with someone in control of the property, Mr. Ossi.
Ms. White presented photos of the property, stating there is not much to see from the pictures.
Ms. White stated there are some of the neighbors present who would like to address the Board.
Draft Minutes of the Code Enforcement Board on August 21, 2013 Page 6 of 9
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by obtaining permits for the 2nd story deck in the rear; limit any future occupancy to a
single family dwelling only; or demolish the structure and pool by September 10, 2013 or a fine
of $100.00 be imposed for the first day and $100.00 for every day thereafter the violation
continues to exist. In addition, any fine shall also include the administrative costs to the City
incurred in prosecuting this case. The property owner is responsible for contacting the City Code
Enforcement Officer and obtaining an inspection of compliance.
Mr. Ouellette asked Ms. White if the demolition permit satisfied her recommendation, and she
stated no, they must complete the work.
Chair Harless asked anyone who would like to address the Board to please come to the podium
and state their name. The witness stated Jim Mudge, 1549 Ocean Boulevard. The witness
stated he and his wife have been property owners adjacent to this particular property for 7 years.
The witness stated they have endured the complete failure of the maintenance of the house. He
stated they had a good, strong friendship with the original owners and builders of the house. The
witness stated, since that point in time, he has brought it to the attention of the City of Atlantic
Beach exactly what was going on next door; with 3 separate apartments being rented, none of
which was being lived in by the owner. The witness reiterated that for 7 years, minimally, he
and his wife have brought the fact that the home was being illegally rented to the attention of the
City of Atlantic Beach and this authority. Mr. Mudge stated the effort, prior to the time that he
has been working with Ms. White, has been beyond abysmal. He stated they would like to make
sure the owners of the house, who illegally rented the house, are fined something. The witness
stated the City of Atlantic Beach should be ashamed of letting this type of stuff happen. The
witness stated the one point he wanted to make is that you can be the town crier, you can appear
in front of proper people and you can get excuses that make his skin crawl. The witness stated
that is why he is standing here saying what they have gone through for the last 7 years. He
added, it should not happen.
Chair Harless stated she appreciates and understands his frustration and she would have to ask
the attorney to figure out why the City of Atlantic Beach could not resolve the matter sooner.
Chair Harless stated Ms. White is very knowledgeable. The witness stated that Ms. White is a
bulldog. Ms. Harless agreed and stated perhaps we have the right mix now and it is unfortunate
what he had been through, but the Board is on his side.
Chair Harless asked Mr. Jensen what recourse is available to remedy renting to multiple tenants.
Mr. Jensen stated it is a matter of proof and the City being on notice that something is happening,
then they can start their investigation. Ms. Harless asked if there was any legal method, aside
from Ms. White knocking on the door and sending letters, to resolve issues such as this, or is that
it. Mr. Jensen stated that is pretty much where we would start, adding, if the City had sufficient
proof to establish what was going in that house was in violation of our ordinances to file in some
type of court. Mr. Luthringer asked in that situation it would need to be investigated by the
police department for a violation of the ordinance, correct, because we are just under code
enforcement. Mr. Mudge stated the police department said it was a zoning problem and they did
not want to get involved. Mr. Jensen stated it is not necessarily a criminal violation.
An audience member indicated they would like to speak. Chair Harless asked them to come
forward and state their name. Mr. Mudge stated it was Mark Johnson. The witness stated he
Draft Minutes of the Code Enforcement Board on August 21, 2013 Page 7 of 9
lived on the other side of the property and the challenge in trying to bust these type of situations
is there is no authority to be able to go in. The witness stated most of their dealings were with
Sonya when she was with the City. He stated they would ask Sonya to go in and see what they
have done to the house, and Sonya would tell them they do not have a legal right to do that. The
witness stated his recommendation would be to establish an occupancy permit process. He
stated other cities require an occupancy permit and it makes it easier to bust these kind of
operations. The witness stated he wanted to thank Ms. White. He stated she has been a pleasure
to work with and she has done a great job.
MOTION: The Board adopts the staff recommendation.
Moved by Luthringer, Seconded by Coplan
Chair Harless discussed changing the date of compliance and the issue of imposing a fine due to
the fact that the property owners were sent the Notice of Violation on 6/19/13. Ms. White stated
this is the first time Ossi Development, Inc. has been before the Board and it is protocol to give a
reasonable time to correct the violation. Discussion ensued. Mr. Mudge asked if he could come
to the podium to speak. The witness asked if what he is hearing is the possibility that the new
buyer may be the person who is going to be fined for the problems here, and Ms. Harless stated
that is correct. Mr. Mudge stated he could assure the Board the new buyer never knew there
were any problems with the property. The witness stated he would hate to see the new buyer
fined. Discussion ensued.
The motion was approved unanimously.
E. 743 Sailfish Drive, Jeffrey D. Klotz, Case #13 -328
Code Enforcement Officer Debbie White presented the case, stating the violation is inoperable
vehicle; the Notice of Violation was sent on 5/10/13 and was received on 5/16/13; ownership
was determined by the tax records for Duval County; her inspection was prompted by a routine
survey and 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, Lara Barker, who addressed the
Board previously.
Ms. White presented photos of the property showing a vehicle in the driveway without a tag.
Ms. White stated she then got a complaint about a 2nd vehicle on the property that appears to be
inoperable. She stated it is covered with a tarp so she could not see the tag. Ms. White stated
she spoke with Ms. Barker, the property manager, about the vehicles. Ms. White stated she
explained the criteria for motor vehicles. She stated they need to have a current license tag and
they need to be operable. Ms. White stated one of the vehicles is obviously not operable and for
the 2 "a vehicle she suggested to Ms. Barker to put the tag on it and move it around so that she
could see that it has been licensed. Ms. White stated she went by there today and it had not been
done. She stated Ms. Barker was present and wished to address the Board.
Ms. Barker came to the podium and stated the Cadillac is operable and has a current tag on it.
She stated it is no longer under the carport. Ms. Barker stated the van does have a current tag but
is not operable. Ms. Barker stated a Mr. Lopez assured her that the van will be repaired and back
on the road within 10 days.
Draft Minutes of the Code Enforcement Board on August 21, 2013 Page 8 of 9
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by removal of all inoperable, unlicensed vehicles from the premises by September 2,
2013 or a fine of $100.00 be imposed for the first day and $100.00 for every day thereafter the
violation continues to exist. In addition, any fine shall also include the administrative costs to
the City incurred in prosecuting this case. 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 Ouellette
The motion was approved unanimously.
5. Miscellaneous Business
None
6. Adjournment
There being no further discussion, the meeting adjourned at 7:36 p.m.
Veda Harless, Chair
Dayna L. Williams, Secretary
Draft Minutes of the Code Enforcement Board on August 21, 2013 Page 9 of 9
IN ATTENDANCE:
Veda Harless, Chair
Juliette Hagist
Richard Ouellette
Ian Luthringer
Meade Coplan
Benjamin de Luna
John Stinson
_MIL 4A
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. — September 10, 2013
Deborah White, Code Enforcement Officer
Alan Jensen, City Attorney
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.
Item 2 was taken out of sequence and acted on at this time.
2. Administration of Oath to Defendants/Witnesses
Chair Veda Harless gave the oath to the defendants and witnesses.
1. Approval of the Minutes of the Special Called Meeting held on August 21, 2013.
The minutes are not available at this time.
2. Administration of Oath to Defendants/Witnesses
Chair Veda Harless gave the oath to the defendants and witnesses.
This item was taken out of sequence and acted on earlier in the meeting.
3. New Business
A. 429 Skate Road, Joan J. Miller, Case 913 -054
Code Enforcement Officer Debbie White presented the case, stating the Notice of Violation was
sent on 1/23/13 and was returned unclaimed on 3/1/13. Ms. White stated the property was
posted and a Notice of Violation was sent regular mail on 3/1/13. Ms. White stated the violation
is the International Property Maintenance Code, Sec. 304.7 Roofs and drainage; ownership was
determined by the tax records for Duval County; her inspection was prompted by a routine
survey; proper notice was achieved by posting of the property in accordance with F.S. 162; and
she has spoken with someone in control of the property, Ms. Miller, the owner.
Ms. White presented photos of the property stating Ms. Miller has a leaky roof and had put a
blue taip over her entire roof. Ms. White stated she has spoken with Ms. Miller a few times and
provided her with brochures and information on different agencies to contact that may offer
assistance with her roof.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by obtaining a building permit to repair /replace the roof and to complete the work by
November 1, 2013 or a fine of $100.00 be imposed for the first day and $100.00 for every day
thereafter the violation continues to exist. In addition, any fine shall also include the
administrative costs to the City incurred in prosecuting this case. The property owner is
responsible for contacting the City Code Enforcement Officer and obtaining an inspection of
compliance.
Ms. White stated Ms. Miller continues to ask for extensions because she does not have the
money to do the work. Discussion ensued.
MOTION: The Board adopts the staff recommendation as stated.
Moved by Coplan, Seconded by Luthringer
The motion was approved unanimously.
B. 675 Atlantic Boulevard, Shoreline Property Mgmt Inc, Case #13 -237
Ms. White presented the case, stating the violation was for a business tax receipt. Ms. White
stated the fees were paid today and this property is now in compliance.
Co 91 W 11t" Street, Empirian Driftwood LLC, Case #13 -320
Ms. White presented the case, stating the tenant from apartment 903 called with concerns about
the floor. Ms. White stated the apartment is off -grade and the wood floor was spongy when you
walk on it and the dryer vent was venting through the floor onto the open ground. Ms. White
added there was also a broken window in apartment 1008. Ms. White stated the Notice of
Violation was sent on 5/9/13 and received on 5/17/13. Ms. White stated the violation for
apartment 1008 was the International Property Maintenance Code, Sec. 304.13.1 Glazing; which
has now been repaired. Ms. White stated the violations for apartment 903 were the International
Property Maintenance Code, Sec. 305.4 Stairs and walking surfaces and Sec. 403.5 Clothes dryer
exhaust.
Ms. White stated 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, Brady, a property manager.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by repairing the floor and properly installing the dryer vent in apartment 903 by
October 1, 2013 or a fine of $100.00 be imposed for the first day and $100.00 for every day
thereafter the violation continues to exist. In addition, any fine shall also include the
administrative costs to the City incurred in prosecuting this case. The property owner is
responsible for contacting the City Code Enforcement Officer and obtaining an inspection of
compliance. Ms. White stated there was someone present who would like to address the Board.
Ms. Harless asked if the original tenant from apartment 903 is gone, and Ms. White stated yes.
Ms. Harless asked when was the last time Ms. White had access to physically inspect the repairs
in 903. Ms. White stated she has gone there 2 or 3 times and left a note for the tenants to call
her, but has not heard from them. Discussion ensued.
Ms. Harless asked the witness to step forward and state her name and who she is representing.
The witness stated Brandy Smith with Empirian Driftwood LLC. The witness stated they did
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repair the clothes dryer exhaust and the window. She stated they have not repaired the spongy
floor, but they plan on taking care of it within the next week. Discussion ensued.
MOTION: The Board adopts the staff recommendation.
Moved by Luthringer, Seconded by Coplan
The motion was approved unanimously.
Mr. de Luna addressed the prior case on Shoreline Property Management. Mr. de Luna asked if
the violation was withdrawn or does the Board need to move to find them in compliance.
Discussion ensued. Ms. Harless said she did not think a vote was needed for compliance. Mr. de
Luna stated it either needs to have a motion or be withdrawn. Ms. Harless stated she believed
once it is in compliance it is off the agenda and there is nothing they need to vote on or approve.
Ms. Harless asked Mr. Jensen for clarification. Mr. Jensen stated if Ms. White gives a synopsis
that it is in compliance, then she is dropping the case or dropping the charges. Mr. de Luna
stated as long as it is understood that it is being withdrawn. Discussion ensued. Ms. Harless said
Ms. White stated everything is in compliance and the complaint is withdrawn. Ms. Harless
asked Mr. de Luna if that is sufficient and he stated yes.
D. 981 Sailfish Drive, Rena Koenig, Case #13 -396
Ms. White presented the case, stating the Notice of Violation was sent on 5/29/13 and returned
unclaimed on 7/2/13. Ms. White stated the property was posted on 07/2/13. Ms. White stated
the violations are International Property Maintenance Code, Sec. 302.8 Motor Vehicles; violation
of Atlantic Beach City Code Sec. 12 -1 Nuisances and Sec. 24 -157 Fences, Walls and Similar
Structures. Ms. White stated ownership of the property was determined by the tax records for
Duval County; her inspection was prompted by a complaint; proper notice was achieved in
accordance with F.S. 162 by hand delivery; and she has spoken with someone in control of the
property, Mrs. Koenig.
Ms. White presented photos of the property stating there is a boat, a red inoperable vehicle,
another vehicle, the rear yard is full of junk/trash, the yard is overgrown, and there is a
dilapidated chain link and wood fence.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by removal of all the junk, unlicensed, inoperable motor vehicles and boats stored on
the property and in the carport; mow and clean the yard; removal of all junk stored in the boat
and the yard; and remove, repair or replace all deteriorated /dilapidated chain link and wood
fencing by October 1, 2013 or a fine of $150.00 be imposed for the first day and $150.00 for
every day thereafter the violation continues to exist. In addition, any fine shall also include the
administrative costs to the City incurred in prosecuting this case. The property owner is
responsible for contacting the City Code Enforcement Officer and obtaining an inspection of
compliance.
Ms. White stated when she initially cited this property there was one junk car in the back yard,
but more have now been added. She stated the red van was pulled in later and another vehicle is
now in the carport.
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Mr. de Luna asked what response Ms. Koenig gives when she talks to Ms. White. Ms. White
said Ms. Koenig states she is going to have her grandson clean it up and they have done some
work in the yard and with some of the the junk, in the boat, but it is nowhere near compliance.
Mr. Luthringer asked if there was anyone at the meeting on behalf of Ms. Koenig, and Ms. White
stated no. Discussion ensued.
MOTION: The Board adopts the staff recommendation.
Moved by Luthringer, Seconded by Stinson
Mr. Luthringer explained the reason he did not extend the deadline is because nobody came to
the meeting and Ms. Koenig has brought more vehicles onto the property after receiving the
Notice of Violation. Discussion ensued regarding extending the time and increasing the fine.
Mr. Luthringer stated if somebody on the Board thinks it is not a reasonable amount of time and
would vote against the motion based on that reason, he would withdraw his motion. Discussion
ensued and Mr. Luthringer stated he will withdraw his motion. Ms. Harless asked Mr. Jensen if
they needed to second that or have a vote, and Mr. Jensen stated no, as the motion was
withdrawn.
MOTION: The Board adopts the staff recommendation as stated with the exception that
the fine be increased to $200.00 per day and the date of compliance shall be November 1,
2013.
Moved by Ouellette, Seconded by Hagist
Votes:
Aye. - 6 - Hagist, Ouellette, Coplan, Luthringer, de Luna, Harless
Nay: - 1— Stinson
Motion Carried
E. 2137 S Fairway Villas Lane, Douglas J. Dickie, Case #13 481
Ms. White presented the case, stating the Notice of Violation was sent on 6/20/13 and was
returned unclaimed on 7/18/13. Ms. White stated the property was posted on 7/18/13 and a
Notice of Violation was sent first class mail. Ms. White stated the violations are International
Property Maintenance Code, Sec. 302.4 Weeds; Sec. 304.15 Doors; Sec. 304.6 Exterior Walls
and Sec. 301.3 Vacant Structures and Land. Ms. White stated the property is overgrown; the
garage door is rotted on the bottom and needs to be repaired; there is some missing and rotted
siding; siding material that is not properly installed and the property has large amounts of debris
on the roof and in the yard.
Ms. White stated her inspection was prompted by a complaint; proper notice was achieved in
accordance with F.S. 162 by posting of the property; and she has spoken with someone in control
of the property, Tanya, an attorney representing the bank, on 8/29/13. Ms. White presented
photos of the property. Ms. White stated there is an attorney from the bank who would like to
address the Board. Ms. White submitted a letter she received from Mr. Dickie as Exhibit 1.
The witness came to the podium, stating her name, Larissa Bodniowycz, representing
Deutsche Bank National Trust Company. The witness stated this is the lender who holds the
mortgage on the property. She stated they are currently in the process of foreclosure proceedings
and anticipate having title to this property in the future. The witness stated she was here to ask
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for an extension until the bank, does have title to the property, and at that point they would be
interested in taking whatever corrective action is necessary.
Ms. Harless asked the witness if she had a time frame of when they might get title to the property
and the witness stated no. The witness stated the bank is requesting a 90 -day extension, but she
has no guarantee of how long it may take. Mr. Luthringer asked the witness where the
proceedings were at this point. The witness stated she was not the attorney for the underlying
proceedings, and she did not want to give an incorrect answer. Mr. Luthringer asked if they filed
defenses and the witness stated yes. Mr. Luthringer stated it would be at least a year. Discussion
ensued.
Ms. Harless asked the witness what she was asking of the Board and Ms. Bodniowycz stated a
90 -day time frame. Mr. Luthringer stated he is under the presumption the 90 -day request is for
them to get a property management company to come in and secure the property, make sure it is
maintained and do the repairs that need to be done and the witness agreed. Mr. de Luna
explained that the Board will find the property in violation, but will allow 90 days in which to
make the repairs and at the end of the 90th day the repairs should be complete. Mr. Ouellette
stated the yard needs to be maintained throughout the 90 -day extension. The witness indicated
she understood.
Ms. White discussed accepting a 90 day time extension to continue to maintain the yard, clean
and mowed, and after 90 days let them come back and address the issues about the title, the
siding and the garage door. Ms. White stated the main thing at this point is to maintain the yard.
Discussion ensued. Ms. Harless asked Mr. Jensen if he had any recommendations due to the
lengthy time frame for the bank to take title. Mr. Jensen stated the Board only has to deal with
the property owner. He stated the bank does not own the property and the only evidence they
have in front of them is Ms. White's testimony; adding the letter from the property owner is not
sworn evidence. Ms. Harless asked Mr. Jensen if the Board finds the property owner in violation
and nothing is done by the 90th day what actions can the Board take. Mr. de Luna stated it
ultimately becomes a lien on the property and whoever owns the property at that stage will have
to deal with it. He further stated the Board is only dealing with the issue of the repairs on the
property.
MOTION: The Board finds the property owner in violation and orders that compliance be
achieved by maintaining the yard, clean and mowed, repair /replace siding as needed and
repair /replace rotting garage door by December 15, 2013 or a fine of $100.00 be imposed
for the first day and $100.00 for every day thereafter the violation continues to exist. In
addition, any fine shall also include the administrative costs to the City incurred in
prosecuting this case. The property owner is responsible for contacting the City Code
Enforcement Officer and obtaining an inspection of compliance.
Moved by Luthringer, Seconded by de Luna
Ms. Harless asked Mr. Jensen for clarification regarding the time line of the Board Order and
when a Lis Pendis can be filed. Mr. Jensen stated they can be filed at any time. He explained
that if a Code Board Lien is filed before a foreclosure action is filed the bank, would have to
name the City as a defendant and include us in the foreclosure proceedings. Discussion
continued. The witness came to the podium and stated the intention of the bank is to gain title to
the property and once they gain title they will take care of the property. She stated the bank
would hire a property management company or continue to use one that may have already been
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hired. The witness reiterated she is not promising the bank will have this in 90 days. The
witness stated she is here to request the 90 -day extension so hopefully the homeowner and the
bank, will work out who will be taking care of the issues.
Votes:
The motion was approved unanimously.
F. 1500 W. Park Terrace, Ossi Development Inc, Case #13 -504
Ms. White presented the case, stating the violation is International Property Maintenance Code,
Sec. 302.4 Weeds, overgrown vacant lot; the Notice of Violation was sent on 6/21/13 and
7/23/13 and was received and signed for on 6/27/13 and 7/25/13; 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, Ben Ossi.
Staff recommends the Board find the property owner in violation for the time in violation and
now in compliance.
Ms. Harless asked Ms. White how much had accrued in fines. Ms. White stated nothing, as this
is the first time it has been brought before the Board. Mr. Luthringer asked if this is the same
situation as the case earlier in the meeting. Ms. White stated yes, explaining if the violation is
repeated she can send the property owner a Notice of Hearing and she does not have to go
through the process of the property being overgrown for 2 or 3 months. Ms. Harless stated Ms.
White is setting in place the steps for the next violation. Mr. de Luna asked if Ms. White was
withdrawing this. Ms. White stated no, this is one where she wants the Board to find the
property owner in violation for the time in violation and now in compliance.
MOTION: The Board adopts the staff recommendation.
Moved by Luthringer, Seconded by Hagist
The motion was approved unanimously.
Mr. Ouellette noted that a new person had entered the meeting while they were dealing with the
prior case, and he wondered if they may be present to speak, to a case the Board has already dealt
with. Ms. Harless asked if they were here to speak about a violation and the woman replied yes,
she is Joan Miller from 429 Skate Road. Ms. Harless asked Mr. Jensen how to proceed, as the
Board had already found the case in violation. Mr. Jensen stated it was the Board's decision. He
stated if the Board chooses to re -open the case they can take the testimony.
Ms. Harless explained to Ms. Miller the Board's findings of violation. Ms. Harless asked the
witness to come to the podium to be sworn in. Ms. Harless administered the oath and asked the
witness to please state her name and address. The witness stated Joan Miller, Atlantic Beach,
FL. Ms. Miller stated she has taken the tarp off of the roof and it only has 2 small leaks. Ms.
Harless asked if the roof had been repaired and the witness stated she was waiting for some
money from the insurance company, but she had removed the tarp. Ms. Harless asked Ms. White
if she had any comments and Ms. White stated Ms. Miller had come in to see her and Ms. White
gave her a brochure from Habitat to call and try to receive some assistance. Ms. Miller stated
she had called them and they did not return her call. Ms. White suggested she try again, as they
may offer assistance. Mr. Luthringer explained the urgency for Ms. Miller to get the roof
repaired before the violations begin to accrue on 11/1/13 and her obligation to call the Code
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Enforcement Officer once she is in compliance
repair the roof.
Ms. Miller stated she understood she needed to
G. 1365 Violet Street, Federal National Mortgage Association, #13 -546
Ms. White presented the case, stating the Notice of Violation was sent on 7/10/13 and was
received /signed for on 7/15/13. Ms. White stated the original violation was International
Property Maintenance Code, Sec. 302.4 Weeds and the City Ordinance, Sec. 24457. Fences,
walls and similar structures; 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, realtor Winn Hibberts.
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.
Moved by Luthringer, Seconded by Hagist
The motion was approved unanimously.
3. Miscellaneous Business
None
4. Adjournment
There being no further discussion, the meeting adjourned at 6:57 p.m.
Veda Harless, Chair
Dayna L. Williams, Secretary
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