3-12-13 Minutes.pdf v CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M.—March 12,2013
IN ATTENDANCE:
Veda Harless, Chair
Juliette Hagist Alan Jensen, City Attorney
Ian Luthringer Deborah White, Code Enforcement Officer
Richard Ouellette Dayna Williams, Secretary
Meade Coplan
Benjamin de Luna
John Stinson
ABSENT:
Nicholas Dodaro (Excused)
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 minutes of the Special Called Code Enforcement Board Meeting of
December 17,2012.
Moved by Coplan, Seconded by Ouellette
The motion was approved unanimously.
Motion: Approve minutes of the Code Enforcement Board Meeting of January 8,2013.
Moved by Coplan, Seconded by Hagist
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. Thomas J. Bennett, Jr. appeal of fines.
146-148 W. 14th Street, Thomas J. Bennett, Jr., Case # 62112: violation of
International Property Maintenance Code, Sec 304.2 Protective Treatment; Sec.
304.7 Roofs and drainage and Sec. 304.6 Exterior Walls.
Code Enforcement Officer Debbie White presented the case, stating Mr. Bennett was before the
Board on November 14, 2012. She stated the Board Order (Exhibit 2) from the November 14,
2012 hearing was executed on November 27, 2012 and Mr. Bennett was given until January 14,
2013 to be in compliance or start a $100.00 per day fine. Ms. White stated she inspected the
property on January 15, 2013 and found the property in non compliance. She stated she prepared
an Affidavit of Non Compliance (Exhibit 3) on January 15, 2013 and Mr. Bennett submitted an
appeal letter on January 23, 2013 (Exhibit 1) requesting a rehearing for more time to complete
the work in progress. Ms. White stated Mr. Bennett has accrued a fine of$5,600 to date, not
including interest. She presented photos of the property, stating Mr. Bennett has complied, with
the exception of the protective treatment, painting and a final inspection of the siding. Mr.
Bennett came to the podium and explained what still needed to be done. Discussion ensued.
Staff recommends the Board address Mr. Bennett's request for an extension for compliance and
the fine accrued to date. Ms. Harless asked Mr. Bennett how much time he needed to complete
the work and come into compliance. Mr. Bennett stated he could finish everything within 30
days.
MOTION: The Board finds the property owner in non compliance and orders an
extension of time to April 12, 2013 for compliance to be obtained as set forth in the staff
recommendation. In addition, at such time, if the property owner is found in compliance
all fines shall be removed. If not in compliance on or before April 12, 2013 the fines shall
continue to accrue.
Moved by Harless, Seconded by Hagist
Mr. Luthringer stated he was uncomfortable removing the fine completely as it defeats the point
of the Board setting a deadline. He stated he would prefer reducing the fine from the compliance
date of January 14, 2013 to the date of Mr. Bennett's letter of January 23, 2013 requesting an
extension of time. He stated at $100.00 per day that would reduce the fine to 7 days or $700.00.
Discussion ensued.
Votes:
Aye: - 1 - Harless
Nay: - 6 -Hagist, Ouellette, Coplan,Luthringer, de Luna, Stinson
Motion Failed
MOTION: The Board finds the property owner in non compliance and extends the
deadline for compliance until April 12, 2013 and orders that full compliance be obtained.
In addition, if full compliance is obtained on or before April 12, 2013 the fine will be
reduced to $700.00. If compliance is not obtained the full fine will be reinstated.
Moved by Luthringer, Seconded by Ouellette
Mr. de Luna asked if that would include interest and administrative costs. Mr. Luthringer stated
it should include what is typically required by the rules and guidelines. Ms. White stated the fine
automatically accrues interest. Ms. Harless requested the motion be phrased to include the
administrative costs.
AMENDED MOTION: The Board finds the property owner in non compliance and
extends the deadline for compliance until April 12, 2013 and orders that full compliance be
obtained. In addition, if full compliance is obtained on or before April 12, 2013 the fine
will be reduced to $700.00. If compliance is not obtained the full fine will be reinstated. 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 March 12, 2013 Page 2 of 9
Moved by Luthringer, Seconded by Ouellette
The motion was approved unanimously.
B. Brent Starzacher, Archipelago Immobillen, LLC appeal on fines accrued.
740 Sailfish Drive, (Previous owner Melinda Flores), Case # 43810: violation of
Atlantic Beach City Code, Sec. 24-173 Neighborhood Preservation and property
maintenance standards; violation of International Property Maintenance Code,
Sec. 304.2 Protective treatment and Sec. 304.6 Exterior walls.
Ms. White presented the case, stating this property was previously owned by Melinda Flores and
the property went into foreclosure. She stated the new owners are requesting the Board address
the fine accrued on the property. Ms. White stated she has attached Exhibits to the Agenda to
provide background for the Board. She stated Exhibit 1 is the letter dated February 22, 2013
requesting a rehearing by the new owner. She stated Exhibit 2 is the Board Order that was
executed July 22, 2011 for non compliance and Exhibit 3 is the Affidavit of Non Compliance
done on November 10, 2011. She further stated Exhibit 4 is a copy of the deed transferring the
property to the new owner and the property appraiser's information that shows the new owners
paid $69,400 for the property and the property is assessed at $100,290. She stated Exhibit 5 is
the Affidavit of Compliance dated March 1, 2013. Ms. White stated when Mr. Starzacher
initially requested a rehearing the property was not in compliance with the items that were part of
the initial case. She stated he is now in compliance as of March 1, 2013 with the items that were
originally cited. Ms. White gave a brief history of the case including the total amount of fines
accrued to date. She stated the lien goes with the property. Mr. de Luna asked if a lien was filed
and recorded and Ms. White stated yes. Mr. Jensen stated, for clarification, the mortgage
foreclosure case was filed in 2012 prior to the City's lien being recorded. He stated the City's
lien was recorded in March 2012 and the public auction and Certificate of Title was in November
2012.
Ms. White stated Mr. Starzacher would like to address the Board. Chair Harless asked the
witness to state his name and his representation of the property. The witness stated Brent
Starzacher and Archipelago Immobillen is a family owned company. Mr. Luthringer asked
if the witness obtained title insurance. Mr. Starzacher stated they have someone who does a
standard search of the documents and the lien from the Code Enforcement Order was not found
at that time. Discussion ensued.
Mr. Luthringer asked the witness if he had anything with him showing the date the foreclosure
was filed and the witness stated no. Mr. Jensen stated it was filed in 2012 before the City's lien
was recorded. Discussion ensued as to the Board's position to address the lien. Mr. Jensen
stated the Board imposed the fine and could choose to take action to reduce the fine. Discussion
ensued regarding the Board's power to agree to release the lien. Mr. Jensen stated since the
Board imposed the fine they can take action in regards to the fine if they choose to. He stated, as
far as the release of lien, that would not happen until a final amount is determined and payment
is made. Mr. Jensen suggested that any recourse Mr. Starzacher's group might have would be
against the original plaintiff in the foreclosure case. Mr. de Luna stated he felt this matter should
be handled between the new owner and people other than the City of Atlantic Beach. Mr.
Stinson concurred. The Board questioned the City Attorney about the validity of the lien since it
was filed after the Lis Pendens. Mr. Jensen stated the lien is still valid. Mr. de Luna stated the
issue for the Board is not to judge the law but to find compliance or non compliance. Mr. de
Minutes of the Code Enforcement Board on March 12, 2013 Page 3 of 9
Luna stated the witness needed to get with his attorney and deal with the issues raised about the
lien. The witness stated his lawyer spoke with Mr. Jensen's office and his understanding is the
process allows us to discuss this as a group and the Board can determine whether the fine is
rescinded or negotiated. Discussion ensued. Mr. Jensen stated it is clear the property was not in
compliance when the new owner bought the property. He stated Mr. Starzacher, as the new
property owner, is coming to the Board asking for relief of the fine the Board imposed, which
they have the authority to do and they ought to. Discussion ensued.
MOTION: The Board recommends reducing the fine to $1,000 and upon payment of
$1,000 release the lien.
Moved by Luthringer, Seconded by Harless
Mr. de Luna stated he would not be able to support this motion and Mr. Ouellette agreed.
Discussion ensued.
Votes:
Aye: - 4—Harless,Hagist, Coplan, Luthringer
Nay: - 3—de Luna, Ouellette, Stinson
Motion Carried
4. New Business
A. 501 Mayport Road, Regina Rosenstein Trust, Case # 72612: violation of
Atlantic Beach City Code, Sec. 24-160 Dumpster, Garbage Container (Dumpster
Enclosure); violation of International Property Maintenance Code, Sec. 304.7 Roofs and
drainage.
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 she spoke with Mrs. Rosenstein. Ms. White presented photos of the property,
stating the dumpster enclosure is dilapidated and the roof repairs that were done were not
verified and there were no permits.
Staff recommends the Board find the property owner in violation and order that compliance be
obtained by repairing or replacing the dumpster enclosure and complete the roof repairs by April
30, 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 as set forth in the staff recommendation on or before April 30, 2013 or a fine of
$100.00 be imposed for the first day and $100.00 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 Coplan, Seconded by Stinson
The motion was approved unanimously.
Minutes of the Code Enforcement Board on March 12, 2013 Page 4 of 9
B. 1400 Mayport Road, 1400 Mayport Road LLC, Case # 92112: violation of
International Property Maintenance Code, Sec. 302.8 Motor Vehicles and Sec.
308.1 Accumulation of rubbish or garbage.
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.
Staff recommends the Board find the property owner in violation and order that compliance be
obtained by removal of all dismantled, partially dismantled, inoperable, unlicensed motor homes
and trailers and removal of all outside storage of trash and junk on the property by April 30,
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 presented photos of the property showing the inoperable, dismantled, unlicensed
vehicles and junk stored on the property. Discussion ensued. Ms. White stated the owner of the
property was present and would like to address the Board. Chair Harless asked the witness to
state his name for the record. The witness stated Kirt Lynch. Mr. Lynch gave his testimony,
stating he did have tags for the majority of the vehicles and would get the property cleaned up.
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 April 30, 2013 or a fine of
$100.00 be imposed for the first day and $100.00 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 de Luna, Seconded by Luthringer
The motion was approved unanimously.
C. 750 Cavalla Road, Federal National Mortgage Association, Case # 313:
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 complaint; 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 presented photos of the property, stating there is a black Ford Expedition
which needs to be removed from the property. Discussion ensued.
MOTION: The Board finds the property owner in violation and orders that compliance be
obtained by removing the black Ford Expedition from the premises by April 14. 2013, or a
fine of $100.00 be imposed for the first day and $100.00 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.
Minutes of the Code Enforcement Board on March 12, 2013 Page 5 of 9
Moved by Luthringer, Seconded by Ouellette
The motion was approved unanimously.
D. 1842 Forsyth Court, Bith G. Rangdit, Case # 87512: 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 complaint; 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 presented photos of the property, showing a silver Honda Accord that needs
to be licensed and operable or removed from the property. Ms. White stated the vehicle has been
removed as of today, March 12, 2013.
Staff recommends the Board find the property owner in violation and now in compliance.
MOTION: The Board finds the property owner in violation and now in compliance.
Moved by Luthringer, Seconded by Stinson
The motion was approved unanimously.
E, 1830 Mayport Road, Ossi Klotz LLC, Case # 89412: 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 inspection; 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 there were inoperable, dismantled
and unlicensed vehicles stored on the property. A representative for the owner of the property
came to the podium. Chair Harless asked the witness to state her name. The witness stated Lara
Barker. Ms. Barker stated the tenant has been given a three day notice to cure the situation.
The witness stated if the vehicles were not moved in three days, they would have them towed.
Discussion ensued.
MOTION: The Board finds the property owner in violation and orders that compliance be
obtained by removing all inoperable, unlicensed, wrecked vehicles from the premises by
April 14. 2013, or a fine of$100.00 be imposed for the first day and $100.00 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 de Luna, Seconded by Coplan
The motion was approved unanimously.
F. 348 W. Dutton Island Road, Tina L. Masters, Case # 84212: violation of
Atlantic Beach City Code, Sec. 24-163 Storage and parking of commercial
vehicles and recreational vehicles and equipment and repair of vehicles in
Minutes of the Code Enforcement Board on March 12, 2013 Page 6 of 9
residential zoning districts; Sec. 12-1 Nuisances Enumeration and Sec. 24-173
Neighborhood Preservation and property maintenance standards.
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 initial violation was storage of a camper,
an orange trailer, an open hauling trailer all stored in the side yard, which exceeds the maximum
number of vehicles allowed on the property. Ms. White stated the limit is one vehicle based on
the lot size which is 7,560 square feet. Ms. White stated the property owner is to clean and
remove all trash and debris from the premises and remove all tree stumps/logs and discarded
furniture.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by removal of all trailers, campers, recreational vehicles (except one) and cease all
future storage, clean and remove all trash, junk, debris, tree stumps, logs, discarded furniture,
and miscellaneous trash, garbage and debris stored in the yard by April 23, 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 as set forth in the staff recommendation on or before April 23, 2013 or a fine of
$100.00 be imposed for the first day and $100.00 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 Coplan, Seconded by de Luna
The motion was approved unanimously.
Item H was taken out of sequence and acted on at this time.
H. 89 W. 4th Street, Theresa P. Russell, Case # 83812: violation of International
Property Maintenance Code, Sec. 302.8 Motor Vehicles; violation of Atlantic
Beach City Code, Sec. 24-107(b) Residential, two-family district (RG); Sec. 20-
52.Business License Tax Levy; Sec. 24-157.Fences, walls and similar structures;
Section 24-173. Neighborhood preservation and property maintenance standards
and Sec. 12-1 Nuisances-Enumeration.
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 violation consists of logs/wood, vehicles
to be removed, fencing needing repair, and debris to clean up. Discussion ensued. The owner of
the property came to the podium. Chair Harless asked the witness to state her name. The
witness stated Theresa Russell, owner of the property. Ms. Russell gave her testimony
regarding her efforts to clean up the property. Discussion ensued.
Minutes of the Code Enforcement Board on March 12, 2013 Page 7 of 9
MOTION: The Board finds the property owner in v iolation and orders that compliance be
obtained by removal of all inoperable, unlicensed vehicles and campers from the premises,
all business activities cease, remove/replace all dilapidated fencing /walls, remove all tree
stumps, logs and trash and/or debris stored on the lots by April 30. 2013, or a fine of
$100.00 be imposed for the first day and $100.00 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 Ouellette
The motion was approved unanimously.
G. 363 Skate Road, Morequity, Inc., Case # 90612: violation of International
Property Maintenance Code, Sec. 304.7 Roofs and drainage and 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 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 property is a foreclosure owned by a
bank. Ms. White stated the property was initially cited for the rotten roof and storage of an
unlicensed, inoperable camper. Discussion ensued.
MOTION: The Board finds the property owner in violation and orders that compliance be
obtained by replacing the rotten roof, soffit and eaves with a permit from a State of Florida
licensed roofing contractor and get an approved inspection by April 30, 2013 or a fine of
$100.00 be imposed for the first day and $100.00 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 Coplan, Seconded by de Luna
The motion was approved unanimously.
H. 89 W. 4th Street, Theresa P. Russell, Case # 83812: violation of International
Property Maintenance Code, Sec. 302.8 Motor Vehicles; violation of Atlantic
Beach City Code, Sec. 24-107(b) Residential, two-family district (RG); Sec. 20-
52.Business License Tax Levy; Sec. 24-157.Fences, walls and similar structures;
Section 24-173. Neighborhood preservation and property maintenance standards
and Sec. 12-1 Nuisances-Enumeration.
This item was taken out of sequence and acted on earlier in the meeting.
5. Miscellaneous Business
Chair Harless discussed moving Board member Nicholas Dodaro to the alternate position on the
Board and have John Stinson take the full position. She further stated they were in agreement
with that, but the Board would have to vote for Vice Chair, as Mr. Dodaro is currently the Vice
Minutes of the Code Enforcement Board on March 12, 2013 Page 8 of 9
Chair on the Board. Mr. de Luna stated the process is to go through the Commission. Secretary
Dayna Williams stated she would bring it to the City Clerk's attention.
6. Adjournment
There being no further discussion,the meeting adjou d a :1 p.m.
il
Veda Harless, Chair
Daya L. Williams, Secretary
Minutes of the Code Enforcement Board on March 12, 2013 Page 9 of 9