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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