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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 Minutes of the Code Enforcement Board on January 8, 2013 Page 8 of 8