1-8-13 Minutes.pdf v CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M.—January 8,2013
IN ATTENDANCE:
Veda Harless, Chair
Juliette Hagist Alan Jensen, City Attorney
Ian Luthringer Deborah White, Code Enforcement Officer
Richard Ouellette Mike Griffin, Building and Zoning Director
Meade Coplan Dayna Williams, Secretary
ABSENT:
Benjamin de Luna(Excused)
Nicholas Dodaro (Excused)
John Stinson,Alternate (Excused)
Chair Veda Harless called the meeting to order at 6:01 p.m., followed by the Pledge of
Allegiance to the Flag.
Secretary Dayna Williams read the roll, finding a quorum was present.
1. Approval of Minutes
Motion: Approve minutes of the Special Called Code Enforcement Board Meeting of
November 19,2012.
Moved by Ouellette, Seconded by Coplan
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
None
4. New Business
A. 735 Bonita Road, Kimberly Peters, Case #67512: violation of Atlantic Beach
City Code, Sec. 24-173 Neighborhood Preservation.
Code Enforcement Officer Debbie White presented the case, stating ownership was determined
by the tax records for Duval County; her inspection was prompted by a routine survey; proper
notice was achieved by certified mail in accordance with F.S. 162; and she has not spoken with
someone in control of the property. Ms. White stated the description of the violation would be
outside storage of household items. Ms. White advised the Board of an Order attached to their
Officer Statement and stated this is a repeat violation per Order, Case #53611, which was
ordered March 13, 2012 for the same violation. Ms. White presented photos of the property
taken on September 12, 2012 and January 8, 2013. Ms. White stated the property has been
substantially cleaned up with the exception of items covered by a blue tarp and an aquarium on a
stand.
Staff recommends the Board find the property owner in violation and order that compliance be
obtained by removal of all household items including the fish aquarium and the pile of
belongings under the blue tarp stored in the front yard by January 18, 2013 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.
Ms. White answered questions from the Board. Ms. White stated she recommended the higher
fine as this is a repeat violation. Discussion ensued.
MOTION: The Board finds the property owner in violation and orders that compliance be
obtained as set forth in the staff recommendation on or before January 18,2013 or a fine of
$250.00 be imposed for the first day and $250.00 for every day thereafter the violation
continues to exists. 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 Hagist
The motion was approved unanimously.
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.
Ms. White presented the case, stating 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.
Ms. White stated the original violations included numerous, inoperable and dismantled vehicles
and neighborhood property preservation. Ms. White stated the second violation for
neighborhood preservation has been corrected. Ms. White presented photos of the property
taken on August 9, 2012, December 4, 2012 and January 8, 2013.
Staff recommends the Board find the property owner in violation for the time he was in
violation. She further stated the property owner is now in compliance. Ms. White explained to
the Board to make a repeat violation the individual must have been brought before the Board
previously for the same case and same owner. Ms. White further explained once the Board finds
the property owner in violation, if this re-occurs, she is able to bring the property owner to the
Board without sending a letter allowing more time to correct the violation. Discussion ensued.
Mr. Luthringer asked when her original inspection was when she found it in violation. Ms.
White stated she spoke to the tenant in August 2012 and she sent Mr. Wilburth a letter on
October 26, 2012.
MOTION: The Board finds the property owner was in violation of IPMC, Sec. 302.8 and
Atlantic Beach City Code Ordinance, Sec. 24-173 between the dates of October 26, 2012
and January 8, 2013 and that compliance was obtained on January 8, 2013. The property
shall continue to be maintained according to the standards of such provisions going
forward.
Moved by Luthringer, Seconded by Ouellette
The motion was approved unanimously.
Minutes of the Code Enforcement Board on January 8, 2013 Page 2 of 8
Chair Harless recognized a visitor who arrived at 6:12 p.m. and asked if they would be giving
testimony at the meeting. Chair Harless gave the oath to the witness at 6:17 p.m.
C. 141 Jasmine Street, W. Glenn Jackson, Case #81212: violation of International
Property Maintenance Code, Sec. 302.8 Motor Vehicles.
Ms. White presented the case, stating ownership was determined by the tax records for Duval
County; her inspection was prompted by a routine survey; proper notice was achieved by
certified mail in accordance with F.S. 162; and she has spoken with someone in control of the
property. Ms. White stated the violation is for an inoperable, unlicensed Eagle Vision and
presented photos of the vehicle taken December 4, 2012 and January 8, 2013. Discussion
ensued.
Staff recommends the Board find the property owner in violation and order that compliance be
obtained by removing the inoperable, unlicensed vehicle or make operable and obtain current
tag/registration and display tag on vehicle by January 18, 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. Luthringer asked Mr. Jensen, since it was already of record, could the Board motion to adopt
the staffs recommendation as stated, and Mr. Jensen stated yes.
MOTION: The Board finds the property owner in violation and orders that compliance be
obtained by removing the inoperable, unlicensed vehicle or make operable and obtain
current tag/registration and display tag on vehicle by January 18, 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 Ouellette
The motion was approved unanimously.
D. 831 Bonita Road, Winston Cunningham, Case #78412: violation of Atlantic
Beach City Code, Sec. 24-173 Neighborhood Preservation.
Ms. White presented the case, stating ownership was determined by the tax records for Duval
County; her inspection was prompted by a routine survey; proper notice was achieved by
certified mail in accordance with F.S. 162; and she has not spoken with someone in control of
the property. Ms. White stated the violation is outside storage of household items and furniture
in the carport. Ms. White presented several photos of the property and discussion ensued.
Staff recommends the Board find the property owner in violation and order that compliance be
obtained by removing all household items and furniture stored in the carport by February 8,
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
Minutes of the Code Enforcement Board on January 8, 2013 Page 3 of 8
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 finds the property owner in violation and orders that compliance be
obtained by removing all household items and furniture stored in the carport by February
8, 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 Ouellette
The motion was approved unanimously.
E. 1990 Park Street, Willie F. Miley, ET AL, Case #79512: violation of
International Property Maintenance Code, Sec. 302.8 Motor Vehicles.
Ms. White presented the case, stating ownership was determined by the tax records for Duval
County; her inspection was prompted by a routine survey; proper notice was achieved by
certified mail in accordance with F.S. 162; and she has not spoken with someone in control of
the property. Ms. White stated the violation is an unlicensed, inoperable white Ford vehicle
stored in the rear yard. Ms. White presented photos of the vehicle and discussion ensued
Staff recommends the Board find the property owner in violation and order that compliance be
obtained by moving the vehicle to verify vehicle is operable on or before February 8, 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 finds the property owner in violation and orders that compliance be
obtained by moving the vehicle to verify vehicle is operable on or before February 8, 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 Hagist
The motion was approved unanimously.
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. 304.7
Roofs and Drainage; Sec. 304.2 Protective Treatment; Sec. 604.3 Electrical System Hazards.
Ms. White presented the case, stating ownership was determined by the tax records for Duval
County; her inspection was prompted by a routine survey; proper notice was achieved by
certified mail in accordance with F.S. 162; and she has spoken with someone in control of the
property. Ms. White presented photos of the property taken August 2, 2012, December 4, 2012
and January 8, 2013. Ms. White stated Ms. Harris was present at the meeting and would like to
address the Board.
Minutes of the Code Enforcement Board on January 8, 2013 Page 4 of 8
Chair Harless asked the witness to please state her name. The witness stated Lacreshia Harris,
the property owner, along with her husband. Ms. Harris stated she inherited the property from
her grandmother and she has not been able to invest a lot of resources into the property, but
would like the opportunity to correct it. Discussion ensued regarding how much time would be
required for Ms. Harris to come into compliance.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by maintaining the abandoned structure that is partially boarded, replace the roof
including rotted gable ends, paint wood trim, porches, posts, gable ends, eaves and soffit and all
other wood elements, meter can loose from wall and obtain the services of State of Florida
Licensed contractors (electrical and roofing) with permits by July. 8, 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 finds the property owner in violation and orders that compliance be
achieved by maintaining the abandoned structure that is partially boarded, replace the
roof including rotted gable ends, paint wood trim, porches, posts, gable ends, eaves and
soffit and all other wood elements, meter can loose from wall and obtain the services of
State of Florida Licensed contractors (electrical and roofing) with permits by July. 8, 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 Coplan
The motion was approved unanimously.
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.
Ms. White presented the case, stating 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.
Ms. White stated the violations include a 628 S.F. wood frame addition added to the back of the
cemetery office and 725 S.F. of additional concrete walkways and patios, all of which were
installed without permits.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by obtaining permits for construction of the addition and walkway/patios by State of
Florida licensed contractors with signed applications, signed and sealed architectural plans,
engineering, energy calculations, site plan, affidavit from State of Florida licensed engineer
certifying the existing foundation system is adequate, and other documents as required and
obtain permits and approval from the Fire Department or remove the structure and concrete
walkway/patios installed without permits by February 8, 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.
Minutes of the Code Enforcement Board on January 8, 2013 Page 5 of 8
The property owner is responsible for contacting the City Code Enforcement Officer and
obtaining an inspection of compliance.
Ms. White presented pictures of the addition on August 22, 2012 and January 8, 2013. Ms.
White stated the architect for the cemetery, Mr. Gray, is here and would like to address the
Board. Ms. White stated Mr. Gray submitted some architectural drawings, but they were not
sufficient, but he has brought more this evening. The witness came to the podium and stated his
name is Bob Gray, the architect for the cemetery. Mr. Gray stated he submitted drawings in
October and, basically, the violation Ms. White is talking about is not having the permit. Mr.
Gray explained the problems the property owner has dealt with and the reasons for the delay of
the project once he was on board. Mr. Gray further explained why he would like an extension
beyond the 30 days given by Ms. White. Discussion ensued.
MOTION: The Board finds the property owner in violation and orders that compliance be
achieved by obtaining permits for construction of the addition and walkway/patios by State
of Florida licensed contractors with signed applications, signed and sealed architectural
plans, engineering, energy calculations, site plan, affidavit from State of Florida licensed
engineer certifying the existing foundation system is adequate, and other documents as
required and obtain permits and approval from the Fire Department or remove the
structure and concrete walkway/patios installed without permits by March 8, 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 Ouellette
The motion was approved unanimously.
H. 43 Stanley Road, Yousef Sultani:
1.) Case #66012: violation of Atlantic Beach City Code, Sec. 24-173
Neighborhood Preservation.
Ms. White presented the case, stating 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.
Ms. White presented photos of the property stating the description of the violation as trash
debris, lumber and construction materials stored on site.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by removal of all trash, lumber and construction materials and debris by February 8,
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 Mr. Sultani was present and would like to address the Board. The witness
came to the podium and Chair Harless asked him to state his name for the record. The witness
stated Yousef Sultani. Mr. Sultani gave his testimony stating the trash has been cleaned up and
taken care of. Discussion ensued.
Minutes of the Code Enforcement Board on January 8, 2013 Page 6 of 8
(A motion was made for all three cases for 43 Stanley Road after the last case was heard.)
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.
Ms. White presented the case, stating 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
Ms. White stated the description of the violation is the installation and construction of fencing
that exceeds the maximum height allowed and not in accordance with the permit issued. She
further stated construction of a carport structure along the entire easterly property line from lot
line in front, side and rear with concrete block wall and column construction without the required
permits or inspections and not in accordance with Florida Building Code. Ms. White presented
photos of the property and discussion ensued.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by removing all fencing installed in the front yard that is over 4' in height and remove
the unpermitted, improperly installed carport structure along the easterly lot line including the
concrete block columns and concrete block walls and remove all debris from the premises on or
before Feb. 8, 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.
(A motion was made for all three cases for 43 Stanley Road after the last cases was heard.)
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.
Ms. White presented the case, stating 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.
Ms. White gave a description of the violation, stating the building permit for the detached
accessory structure has expired, engineering on the doors installed has not been submitted or
approved, electrical work was performed inside without benefit of an electrical permit and the
structure is being used without the required certificate of completion and an approved inspection
by the Fire Department.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by renewing building permit #11-1633 and obtain the services of a licensed electrical
contractor to obtain a permit and approved inspections and submit Florida Product approval
information on the doors that were installed. Schedule an inspection with the Fire Department
Minutes of the Code Enforcement Board on January 8, 2013 Page 7 of 8
and a certificate of completion and obtain all approvals by Feb. 8, 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. Luthringer asked Mr. Sultani if he wished to address the Board and the witness stated yes.
Mr. Sultani gave his testimony and discussion ensued. Chair Harless asked the witness what
amount of time he felt was necessary to complete the work and discussion ensued.
MOTION for Cases #66012, #66112,#66212: The Board adopts the staff's recommendation
for 43 Stanley Road with the exception that the date of compliance shall be May 8,2013.
Moved by Luthringer, Seconded by Ouellette
Mr. Ouellette stated he felt the Board should give Mr. Sultani enough time to correct these
problems and he did not think four months was adequate and moved to amend the motion
AMENDED MOTION: Extend the date of compliance to July 8,2013.
Moved by Ouellette, Seconded by Luthringer
The motion was approved unanimously.
5. Miscellaneous Business
None
6. Adjournment
There being no further discussion, the meeting adjou;
d at 7:27
Veda Harless, Chair
Day 4,4 _4,__
Williams, Secretary
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