11-13-13 Minutes.pdf v AMENDED
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M.—November 13,2013
IN ATTENDANCE:
Veda Harless, Chair *Mike Griffin, Building&Zoning Director
Ian Luthringer, Vice Chair Deborah White, Code Enforcement Officer
John Stinson Alan Jensen, City Attorney
Juliette Hagist Dayna Williams, Secretary
Meade Coplan
Benjamin de Luna
Louis Keith
Richard Lombardi, Alternate
Chair Veda Harless called the meeting to order at 6:00 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 Special Called Code Enforcement Meeting of August
21,2013.
Moved by Coplan, Seconded by Luthringer
Mr. de Luna stated he needed clarification as to what the staff recommendation was for the first 2
items under new business 4(A) and (B) in the 8/21/13 minutes. Discussion ensued. Mr.
Luthringer stated he moved on item 4(A) and said Ms. White had stated the case was in
compliance, so the Board was moving to adopt and confirm her statement of compliance. Mr. de
Luna stated it should be a withdrawal. Mr. Luthringer agreed and stated when the Board is
confirming Ms. White's statement of compliance, and it is not stated as a staff recommendation,
the Board would need to change the wording. Mr. de Luna stated otherwise it would not be clear
and it should be a withdrawal. Discussion continued regarding a similar circumstance in item
4(B). Ms. Harless stated the 2 items did not contain the paragraph beginning with the staff's
recommendation and asked Secretary Williams if that should have been included. Secretary
Williams stated the Code Enforcement Officer did not state the recommendation, so she could
not enter it in the minutes. Mr. de Luna stated if the case is in compliance and Ms. White does
not want the Board to make a motion, she should just withdraw it. Ms. Harless asked Mr. de
Luna if he wanted the Secretary to amend the minutes. Mr. de Luna stated no, as long as the
explanation is on the record in the current meeting minutes.
The motion was approved unanimously.
Motion: Approve the minutes of the of the Regular Code Enforcement Meeting of
September 10,2013.
Moved by de Luna, 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.
Mr. Luthringer referred to the earlier discussion of item 4(B) in the 8/21/13 minutes. He stated
only part of the case was in compliance and wanted to clarify the Board did not find the entire
case in compliance. Ms. Harless concurred there was compliance for one portion, but there were
multiple violations that had not yet met the compliance requirements.
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
Code Enforcement Officer Debbie White presented the case, stating this is a rehearing request by
Mr. Kraut on a property he recently purchased. Ms. White stated at the 7/12/12 Code
Enforcement Board Meeting the Board imposed an Order with a fine of$100.00 per day for non-
compliance if the property was not in compliance by 8/10/12. Ms. White stated the original
violation was for the IPMC, Section 302.4 Weeds. Ms. White stated this was a vacant property
owned by an out-of-state owner and it was in foreclosure. Ms. White stated the Affidavit of
Non-Compliance was completed on 8/12/12 and the Affidavit of Compliance was completed on
9/27/12. Ms. White stated we have a fine that has accumulated for the time they were not in
compliance including recording fees.
Ms. White stated 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, Mr.
Kraut. Ms. White presented photos of the property stating the property has been maintained
since 9/27/12. Ms. White stated Mr. Kraut was present and would like to address the Board.
Staff recommends the Board find the new property owner's current fine of$4,227.00 be reduced
to $1,500.00 with the condition the fine is paid on or before 12/16/13, and the property be
maintained in compliance. Ms. White stated the administrative costs are $500.00 and $1,000.00
for punitive charges. Discussion ensued.
The witness came to the podium stating his name and address, Oliver Kraut, 226 Tallwood
Road,Jacksonville Beach. Mr. Kraut stated he was never asked to comply, as the property was
already in compliance before he purchased the property. He stated he called Ms. White after he
purchased the property to ask if there were any liens or fines on the property and found out there
was a fine. Ms. Harless asked Mr. Kraut what he is expecting from the Board. Mr. Kraut stated
he is looking for some leniency and reduction in the fine. Discussion ensued.
Motion: The Board adopts the staff recommendation as stated.
Moved by Coplan, Seconded by de Luna
The motion was approved unanimously.
Minutes of the Code Enforcement Board on November 13, 2013 Page 2 of 11
B. Marshal and Yousef Sultani-Request for Rehearing.
43 Stanley Road,Marshal and Yousef Sultani.
1.) Case#12-660
2.) Case#12-661
3.) Case#12-662
Ms. White presented the case, stating this is also a rehearing. Ms. White stated the property is in
the name of the daughter, Marshal Sultani. Ms. White stated the Notice of Violation was sent on
8/31/12 and was hand delivered to Mr. Sultani, received and signed for on 9/19/12. Ms. White
stated there were several original violations; citing Case #12-660 City Ordinance Section 24-173
Neighborhood preservation and property maintenance standards. Case #12-661 City Ordinance
Chapter 6, Section 6-16 Florida Building Code adopted; Section 105.1 Permits required; Section
24-151(2)c Accessory structures and uses; Section 24-157(a) Fences, walls and similar
structures; Section 24-157 Fence height and location. Case #12-662 Section 6-16, Florida
Building Code adopted; FBC Section 105.1 Permit required; FBC Section 110.4 Certificate of
Completion, and Section 105.4.1 Expired permits (building permit#11-1633).
Ms. White stated Mr. Sultani had previously appeared before the Board to appeal his fine,
however,the property was not in compliance. Ms. White stated the Board advised Mr. Sultani to
achieve compliance and come back to address the fine. Ms. White stated the original Board
Order was executed on 1/8/13 for all the violations listed. She stated the Order required full
compliance on or before 7/8/13 and Mr. Sultani was not in compliance until 9/27/13. Ms. White
stated the current fines, which have accumulated from 7/8/13 to 9/27/13, total $8,210.00 for each
of the 3 cases. Ms. White presented photos of the property and stated Mr. Sultani was present
and would like to address the Board.
Staff recommends the Board find the property owner was in violation and the current fines of
$24,630.00 be reduced to $2,500.00 with the condition the fine is paid in full on or before
12/16/13, and the property remain in compliance. Failure to meet any of the requirements will
result in the original fine to be reinstated, including interest and filing fees until paid in full.
The witness came to the podium, stating his name and address, Yousef Sultani, 2086 Forest
Gate Drive West, Jacksonville, FL 32246. Mr. Sultani submitted Exhibits 7-10 for the Board
to review. Each Exhibit was a summary of the violations and an explanation of the steps taken
by Mr. Sultani to correct them. Ms. Harless explained to the witness he was here to discuss a
reduction of fines and asked him to explain why he felt the fines should be reduced even further.
Discussion ensued. Mr. Sultani asked why all 3 cases were still accruing fines when some of the
violations had been corrected prior to the 9/27/13 compliance date. Ms. Harless asked Ms.
White to address the witness. Ms. White stated she and the Building Inspector, Mike Jones, went
to the property on 9/27/13 and found that everything was completed and she found Mr. Sultani in
compliance for all 3 cases on the same date. Ms. White stated it all came together at one time.
Discussion ensued.
Motion: The Board adopts the staff recommendation as stated.
Moved by Coplan, Seconded by Hagist
Mr. Luthringer stated he would like to amend the motion to eliminate a provision stated in the
staff recommendation. Mr. Luthringer said the provision stating failure to meet any of the
Minutes of the Code Enforcement Board on November 13, 2013 Page 3 of 11
requirements will result in the original fine to be reinstated, including interest and filing fees
until paid in full, he believed would be a different violation. Mr. Luthringer stated even though it
might be the same violation, as in the rotting fence, he did not want to bring those fines back
later down the road and inform the property owner they now owe us $20,000 plus interest. He
stated he felt we should scratch that one provision. Ms. Harless added she would like to change
the date of compliance to 1/31/14 to give Mr. Sultani a little more time to make payment. Mr.
Stinson stated he wanted clarification about the staff recommendation. Mr. Stinson asked about
the section that states the property remain in compliance (after the fine has been paid). He asked
Ms. White if that meant if the property ever goes out of compliance the original fines are
reinstated. Ms. White stated no. Mr. White stated the intent of that was to put it on the property
owner to go ahead and pay the fines, and not have the Board reduce it to $2,500.00 from
$24,630.00 and then it never get paid. Ms. White stated if the property owner gets in violation
again, it would be a repeat violation and he would be brought back to the Board, if it is within 5
years.
Amended Motion: The Board finds the property owner is now in compliance and the fine
that has accrued of$24,630.00 be reduced to $2,500.00 with the condition that such fine be
paid on or before January 31, 2014, and if such fine is not paid by that date, the fine will be
reinstated at$24,630.00.
Moved by Luthringer, Seconded by de Luna
The motion was approved unanimously.
Mr. de Luna stated this vote was for approval of the amendment and the Board still needed to
vote on the original motion. Discussion ensued. Ms. Harless asked for a vote of the original
motion as amended.
Votes:
The motion was approved unanimously.
Motion Carried
4. New Business
A. 1890 Live Oak Lane, Kenneth H. Akers, Case#13-162
Ms. White presented the case, stating the Notice of Violation was sent on 3/1/13 and again on
4/22/13. Ms. White stated the Notice of Violation was not received or signed for and the
property was posted on 4/23/13. She stated a copy of the Notice of Violation was also emailed
to the property preservation company. Ms. White stated the violations are International Property
Maintenance Code, Sec. 304.6 Exterior Walls; Sec. 303.1 Swimming pools; Sec. 302.1
Sanitation; Sec. 302.2 Grading and drainage; Sec. 302.7 Accessory structures; Sec. 301.3 Vacant
structures and land; Sec. 304.2 Protective Treatment and violation of the Atlantic Beach City
Code, Sec. 12-1 Nuisances.
Ms. White stated ownership of the property was determined by the tax records. Ms. White stated
she attached Exhibit 3 in the agenda packet, which is a copy of the most recent document
recorded on the Clerk of Courts, which does not include transfer of title. Ms. White stated her
inspection was prompted by a complaint; proper notice was achieved in accordance with F.S.
162 by certified mail; and she has spoken with someone in control of the property, Alan Young,
who is with the property preservation company for the bank. Ms. White stated she emailed Alan
Young a copy of the Notice of Violation on 8/17/13 and she has spoken with the City Attorney,
Minutes of the Code Enforcement Board on November 13, 2013 Page 4 of 11
Alan Jensen. Ms. White stated Exhibit 1 is a copy of a letter from Mr. Akers' attorney in
Alabama, Rod Cameron Shirley. Ms. White stated Mr. Akers has filed for bankruptcy and the
property title was supposed to revert back to the mortgage holder and that has not happened.
Ms. White presented photos of the property, stating this property is abandoned and in
foreclosure. She stated the swimming pool is black with a damaged screen enclosure over the
pool, rotted siding, and numerous other violations. Ms. Harless asked if Ms. White had any
response from Alan Young. Ms. White explained banks have property preservation companies
to take care of maintenance on their properties; and Mr. Young contacted her regarding this
property and she emailed him a copy of the original letter. Ms. White stated she did not know
the status of ownership on the property and had provided Alan Jensen a copy of the bankruptcy
papers. Mr. Luthringer stated when a property is surrendered in bankruptcy it does not transfer
title.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by replacing all rotted, damaged wood exterior siding; mow and clean the yard; clean
and sanitize the in-ground pool; grade the property and fill on the westside of the house at the
A/C condenser and the rear screen porch where the foundation is washing away and eroding;
repair the damaged screen enclosure over the pool; secure the shed in the rear yard; maintain the
yard and exterior; maintain the pool, clean and sanitary; and paint the exterior by 1/3/14 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. Luthringer stated he would refrain from voting on this case, as he was in contact with the
bank's attorney regarding purchasing this property for a client. Mr. Jensen asked Mr. Luthringer
if he received any pecuniary gain as a result, and Mr. Luthringer stated no. Mr. Jensen stated the
Statute would require him to vote.
Motion: The Board adopts the staff recommendation as stated.
Moved by Luthringer, Seconded by Coplan
The motion was approved unanimously.
B. 651 Begonia Street,Donovan Enterprises LLC, Case#13-503
Ms. White stated she is withdrawing this case.
C. 599 Begonia Street,Joe Edward Hills,ET AL, Case#13-527
Ms. White presented the case, stating the Notice of Violation was sent on 8/8/13 and
received/signed for on 8/13/13. Ms. White stated the violation is Atlantic Beach City Code
Chapter 20 Business Tax Receipts. Ms. White stated her inspection was prompted by a
complaint; proper notice was achieved in accordance with F.S. 162 by certified mail; and she has
spoken with Raymond Dagley, Jr., co-owner of the property. She stated she attempted to contact
Mr. Hills' attorney, but was unable to actually speak with him.
Ms. White presented photos of the property and stated she attached a copy of the zoning on Mr.
Hills' property as Exhibit 1. Ms. White explained Mr. Hills' business is in a Special Purpose
District, and the type of business he owns is not a permitted use in that district. Ms. Harless
Minutes of the Code Enforcement Board on November 13, 2013 Page 5 of 11
asked if she was addressing this as a violation. Ms. White stated the only violation is Mr. Hills
does not have a business tax receipt and he is unable to obtain one because of the zoning and
type of business he owns. Discussion ensued. Ms. White stated this is part of the Dagley's
property and they operate a junk/salvage yard. She stated a junk/salvage yard is a permitted use
in this district,but automobile towing and vehicle repairs are not permitted.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by ceasing all business activity and moving the business to a location that allows
vehicle repairs and towing as a permitted use in the district where the property is located by
1/16/13 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. Coplan asked if Mr. Hills was the owner or the tenant and Ms. White stated he is a co-
owner. Ms. Coplan asked if he was unaware of the zoning in that area and Ms. White stated Mr.
Hills never came in and applied for a business tax receipt. Ms. White stated Mr. Hills had a
previous business tax receipt for a Mayport Road location from 1994 to 2001, but there is no
record of a business tax receipt for the Begonia Street location.
Ms. Harless called the first witness to the podium asking them to state their name and address.
The witness stated Joe Hills, 1049 Lee Road, Jacksonville, FL. Mr. Hills stated the Dagley's
parents gave him the property for helping them out. Mr. Hills stated the mom and dad are now
deceased and the Dagley's are trying to take the property away and he wanted to pay his taxes.
Mr. Luthringer explained this is not a tax issue, but the requirement to get a business license.
Mr. Hills stated he applied twice and did not get it. Mr. Luthringer asked the witness why he
was rejected and Mr. Hills stated he did not know. Mr. Luthringer stated it appears he was
rejected because he is not allowed to run his type of business in that district. Discussion ensued.
Mr. Luthringer stated it was unfortunate, but the Board did not have any leeway to allow him to
continue at that location. Mr. Luthringer stated Mr. Hills would have to move his business to an
approved district. Discussion ensued. Mr. Jensen stated the Special Purpose District zoning was
done in the mid-eighties.
Ms. Harless asked the second witness to come forward and state their name and address. The
witness stated Sherre Dagley, 940 Main St. Ms. Dagley stated they own Raymond's Salvage
and Junk Yard, which her husband inherited from his father, and it has been there for 60 years.
Ms. Dagley stated when her father-in-law passed away, the office was in his home. She stated
when her husband took it over they were not allowed to do that. Ms. Dagley stated they came to
the City of Atlantic Beach to request permission to build an office. Ms. Dagley explained all the
requirements they had to meet, including putting in a well, a septic tank, a drainage field and
comply with a handicapped bathroom. Ms. Dagley stated if Mr. Hills is allowed to continue, she
would like to see him comply with the rules every other business owner in Atlantic Beach is
required to meet.
Motion: The Board adopts the staff recommendation with the exception that the date of
compliance be changed to May 13,2014.
Moved by Luthringer, Seconded by Coplan
Minutes of the Code Enforcement Board on November 13, 2013 Page 6 of 11
Discussion ensued. Mr. Luthringer explained his reasons for allowing the extra time, stating Mr.
Hills has been running his business there since 2004, and this allows him time to determine the
question of whether his business has been grandfathered in, or find a new location to move his
business.
The motion was approved unanimously.
D. 609 Camelia Street,Helen B. Reid, Case#13-579
Ms. White presented the case, stating the Notice of Violation was sent on 8/2/13 and received on
8/6/13. Ms. White stated the violation was International Property Maintenance Code, Sec. 302.8
Motor Vehicles. Ms. White stated ownership of the property was determined by the tax records
for Duval County; her inspection was prompted by a routine inspection; proper notice was
achieved in accordance with F.S. 162 by certified mail; and she has spoken with someone in
control of the property, Mrs. Reid. Ms. White stated the vehicle has now been removed.
Staff recommends the Board finds 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 Coplan
The motion was approved unanimously.
E. 1044 Hibiscus Street, Brenda Howard, Case#13-600
Ms. White presented the case, stating the Notice of Violation was sent on 8/2/13 and was
returned unclaimed. Ms. White stated the property was posted on 9/13/13. Ms. White stated the
violation was International Property Maintenance Code, Sec. 302.8 Motor Vehicles. Ms. White
stated she initially left a courtesy notice for a white vehicle. Ms. White stated, after the Notice of
Violation was signed on 9/13/13, a black vehicle showed up. Ms. White stated her inspection
was prompted by a routine survey; ownership of the property was determined by the tax records
for Duval County; proper notice was achieved by posting of the property; and she has spoken
with someone in control of the property, a gentleman named Lance.
Ms. White presented photos of the property stating the only vehicle in question is the white
vehicle. She stated it has flat tires and the tag is expired.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by removal of all the unlicensed, inoperable motor vehicles by 12/16/13 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 Luthringer, Seconded by Stinson
The motion was approved unanimously.
Minutes of the Code Enforcement Board on November 13, 2013 Page 7 of 11
F. 1639 Sea Oats Drive, Keith D. Collier, Case#13-608
Ms. White stated she is withdrawing this case as she does not have service, explaining she does
not have a signed receipt.
G. 1339 Violet Street, Thomas J. Bennett, Case#13-665 and Case#13-726
Ms. White presented photos of a map of the property, stating Mr. Bennett owns 2 duplexes on
the property, and the numbers include 1335, 1339 and 1369. Ms. White stated the Notice of
Violation was sent on 8/29/13 and again on 9/30/13. She stated the Notice of Violation was
received/signed for on 8/31/13 and 10/2/13. Ms. White stated there are 2 case numbers, Case
#13-665 and #13-726. Ms. White stated the violations are Atlantic Beach City Code, Sec. 24-
154 Outside storage; International Property Maintenance Code, Sec. 302.4 Weeds; Sec. 302.7
Accessory structures and Sec. 304.7 Roofs and drainage.
Ms. White stated her inspection was prompted by a complaint; ownership of the property was
determined by the tax records for Duval County; proper notice was achieved by certified mail in
accordance with F.S. 162; and she has spoken with someone in control of the property. Ms.
White stated this includes Mr. Bennett, the current owner, David Mazanek of Safeguard
Properties, Winn Pelletierreo and Judy Bell, real estate agents. Ms. White stated Ms. Bell is
present and would like to address the Board.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by mowing and cleaning the yard, replace or remove the collapsing, dilapidated wood
fencing, repair or replace the deteriorated roof, and remove all junk, debris and outside storage
from the premises by 12/16/14 (13) 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. Harless asked what response she had gotten from the individuals she spoke with. Ms. White
stated Mr. Mazanek is with a property preservation company that works for the bank. Ms. White
stated if the property is occupied, she can generally get them to mow the yard, however, until the
property transfers title to the bank, they are usually not willing to make other repairs. Ms.
Harless asked if Mr. Bennett was in foreclosure, and Ms. White stated yes.
Ms. Harless asked the witness to come to the podium and state her name and address and her
relationship to the case. The witness stated Judith Bell,3343 Debussy Road,Jacksonville, FL.
The witness stated Wells Fargo is the bank that foreclosed on the property. The witness stated
there is still a tenant in one of the units that will be moving 11/20/13. The witness stated the
bank is willing to make the necessary repairs, but they would like an extension of time, perhaps
through the end of December, in order to comply.
Motion: The Board adopts the staff recommendation with the exception the date of
compliance be changed to January 31,2014.
Moved by Luthringer, Seconded by Coplan
The motion was approved unanimously.
Minutes of the Code Enforcement Board on November 13, 2013 Page 8 of 11
H. 1500 Main Street, Repeat Violation
Case#13-721
Ms. White presented the case, stating this is a repeat violation. Ms. White stated the Notice of
Hearing was sent on 10/18/13 and was received/signed for on 10/19/13. Ms. White stated the
violation is of Atlantic Beach City Code, FBC Sec.105.1 Permits Required. Ms. White stated
this had previously been brought before the Board for an addition they added to their commercial
structure without a permit. She stated they subsequently got a permit, #13-2292, which is good
for 180 days unless you get an approved inspection. Ms. White stated no inspections or work
appears to have been performed since the permit was issued. 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 certified mail; and she has
spoken with someone in control of the property. Ms. White stated she spoke to an employee of
Beaches Memorial Gardens, Adam, and Derrick Waters, the original contractor on the permit
they obtained. Ms. White stated she also spoke to Alan Winter, the attorney for the property
owner,who is present and would like to address the Board.
Ms. White presented photos of the property describing the condition of the addition. Ms. White
stated they did not have a roof, a plastic tarp was covering the addition and there is extensive
water damage. Mr. de Luna questioned the expiration date of the permit provided on the Code
Enforcement Officer's Statement. Mr. de Luna stated the permit was issued on 5/13/13 and is
valid for 180 days. Mr. de Luna wanted to confirm the permit would have been valid up to today
11/13/13, and Ms. White stated yes. Ms. White stated the contractor, Mr. Waters, has withdrawn
from the job as of 10/23/13. Discussion ensued. Mr. de Luna stated his point was to determine
that they technically had until today, 11/13/13, to correct the problem, and Ms. White stated yes.
Ms. Harless asked the witness to come to the podium and state his name. The witness stated
Alan Winter,Attorney on behalf of Cemetery Professionals. The witness stated Ms. Rayan is
the owner of Cemetery Professionals, also known as Beaches Memorial Park. The witness stated
Ms. Rayan was unable to attend the meeting, as she has a scheduled service this evening. Mr.
Winter stated this project did not turn out well, and Ms. Rayan's intent is to raze the entire
project and start over again after the first of the year. Mr. Winter stated he is asking for time, on
his client's behalf, to complete the demolition and start anew. Mr. Winter stated he would like
the Board to consider a time frame of 1/31/14. Discussion ensued. Ms. White stated she wanted
to submit, for the record, a correction of the date the permit was issued. Ms. White stated the
correct date was 3/15/13, not 5/13/13. Mr. Luthringer asked Ms. White if she is in agreement
with the date requested by Mr. Winter, would she change the date of compliance to 1/31/14 when
she reads her staff recommendation and Ms. White agreed.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by removal of the water damaged, unpermitted addition in the rear, constructed without
a permit, remove by demolition, including all concrete work and all material by 1/31/14 or a fine
of $250.00 be imposed for the first day and $250.00 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.
Minutes of the Code Enforcement Board on November 13, 2013 Page 9 of 11
Motion: The Board adopts the staff recommendation as stated.
Moved by de Luna, Seconded by Luthringer
The motion was approved unanimously.
5. Miscellaneous Business
Ms. Harless stated there has been some concern regarding the Board receiving information, prior
to the meeting, about the cases to be heard. Ms. Harless stated she reviewed the Code and has
spoken with Ms. White, and she does not find it written that the Board should not receive this
information. Ms. Harless referenced the Code Enforcement Officer's Statement, which Ms.
White provides to the Board. Ms. Harless asked Mr. Jensen for clarification. Mr. de Luna asked
Ms. Harless if this discussion is a result of an email he had sent questioning the information
given on the agenda. Ms. Harless stated yes. Mr. de Luna explained that up until 2 or 3 months
ago, the Board would receive an agenda with the name of the person, address, case number and
the sections that were involved in the case. Mr. de Luna stated the sections of the law are no
longer included and he felt it was important to include the sections. Mr. de Luna stated that was
all he requested, adding that he did not ask for the full officer's statement, because he thinks it is
too much. Ms. Harless explained her understanding of the issue, stating the way the agenda is
generated is through a new system in the administrative staffs computer. Ms. Harless stated in
order to get additional information we have to go through Ms. White, causing her additional
work.
Ms. Harless asked Mr. Jensen if the Board could have the information prior to the meeting. Mr.
Jensen stated he did not believe it was a problem. Mr. Jensen stated the Statute specifically
states on the conduct of the hearing; first of all, the formal rules of evidence and procedure do
not apply to these type of hearings; secondly, as any lawyer in the room will tell you, if you go
into a hearing and the judge has already read the file, it is normally a benefit; and third, once Ms.
White has her records and documents prepared, they are public record. Mr. Jensen stated he did
not see any harm in having prep work ahead of time. Ms. Harless stated her other concern was
the time constraints of administrative staff. Ms. Harless stated Ms. White is always at the 11th
hour getting all the information together. Ms. Harless stated Ms. White has done more than the
previous code enforcement officers by chronologically putting this together, which is wonderful.
Ms. Harless stated her recommendation would be to have this information available by 5:30
p.m., prior to the meeting, so the Board members could have the time to review the information
packet. Discussion ensued. Mr. de Luna stated all he wanted were the sections of the law. Ms.
White stated Mr. Stinson had requested the officer statements. Mr. Stinson stated he just wanted
to be prepared and now the codes are missing from the agenda. Mr. Stinson stated he would be
happy to receive an abbreviated agenda, so as not to burden the administrative staff. Ms. White
stated it is easier for her to provide the officer statements to the Board a couple of days in
advance and then update it at the meeting. Ms. White stated she was willing to provide whatever
the Board wanted, as long as Mr. Jensen approves it. Discussion ensued. Ms. Harless asked if
Ms. White and Secretary Williams would brainstorm and decide what works best for them and
let the Board know their decision.
The Building and Zoning Director, Mike Griffin, stated he wanted clarification before we
adjourned. Mr. Griffin asked Mr. de Luna if his main concern was for staff to provide the code
sections on the agenda. Mr. de Luna stated yes, it was fine before. Mr. Griffin stated it was not
a problem to resume adding the sections to the agenda.
Minutes of the Code Enforcement Board on November 13, 2013 Page 10 of 11
6. Adjournment
There being no further discussion,the meeting adjourned at 8:00 p.m.
()kg. fiatLe,t-
Veda Harless, Chair
D .ayna Williams, Secretary
*Item omitted from original Draft Minutes.
Minutes of the Code Enforcement Board on November 13, 2013 Page 11 of 11