5-14-13 Minutes.pdf v CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M.—May 14,2013
IN ATTENDANCE:
Veda Harless, Chair Mike Griffin, Building&Zoning Director
Juliette Hagist Deborah White, Code Enforcement Officer
Ian Luthringer Alan Jensen, City Attorney
Richard Ouellette Dayna Williams, Secretary
Meade Coplan
Benjamin de Luna
ABSENT:
Nicholas Dodaro (Excused)
John Stinson(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.
Chair Harless advised the Board members to allow Code Enforcement Officer Deborah White to
complete her presentation of each case and state her staff recommendation before any discussion
or questions from the Board.
1. Approval of Minutes
Motion: Approve minutes of the Code Enforcement Board Meeting of March 12,2012.
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
A. Cemetery Professionals LLC, appeal of Code Enforcement Officer's Affidavit of
Non-Compliance and fines, 1500 Main Street, Cemetery Professionals LLC,
Case #12-676: violation of Florida Building Code, Section 105 Permits
Required.
Code Enforcement Officer Debbie White presented the case, stating the property owner
requested an appeal of the fine imposed per the Board's Order on January 8, 2013. Ms. White
stated she sent the property owner a letter informing them they were on the agenda for tonight's
meeting and they must be present at the hearing or the case would not be heard. She further
stated she did not see anybody at the hearing representing Cemetery Professionals LLC.
Discussion ensued. Ms. White asked the Board to review the Exhibits attached to the Code
Enforcement Officer's Statement. Exhibit 1 is the Board Order executed January 17, 2013;
Exhibit 2 is the Affidavit of Non Compliance dated March 12, 2013; Exhibit 3 is the Affidavit of
Compliance dated March 15, 2013; Exhibit 4 is the Building Permit dated March 15, 2013 and
Exhibit 5 is the property owner's appeal letter dated March 14, 2013. Ms. White explained the
deadline for compliance, per the Order, was March 8, 2013. She further stated she calculated the
fine of$700.00 from the time they were out of compliance from March 9, 2013 to March 15,
2013. Chair Harless read from the appeal letter sent by the property owners and asked what they
were referencing regarding the date of March 5, 2013. Ms. White explained their position is they
applied for the permit and it was date stamped March 5, 2013 which was prior to the deadline.
Ms. White stated that was not what the Order stated. Ms. White read from the Order, stating the
property shall be corrected by obtaining permits, not making application for the permits.
Discussion ensued.
MOTION: Deny appeal.
Moved by Ouellette, Seconded by Luthringer
The motion was approved unanimously.
4. New Business
A. 54 W 13th Street, Deric K. & Erin Lichty, Case #11-814: violation of Atlantic
Beach City Code, Section 24-65(b) Temporary Storage Structures and Uses.
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 previous case from the
prior Code Enforcement Officer, 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 was temporary storage trailers stored on property in excess of 30
days without property registration and no permits to make them permanent. Ms. White stated
she has had several conversations with Mr. Lichty and has spoken to a general contractor today
who will be working with Mr. Lichty. Ms. White stated the trailers were still on the property and
presented photos taken May 13, 2013. Ms. White stated Mr. Lichty has 2 options available. She
stated Mr. Lichty could try to obtain a permit to keep them as a permanent structure, or cease
storage of them on the property sight. Ms. White stated Mr. Lichty was present at the hearing
and would like to address the Board.
Chair Harless asked if Ms. White would like to state her staff recommendation before Mr. Lichty
addresses the Board.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by obtaining the required permits or remove storage containers/trailers by May 31,
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.
The witness came to the podium and Chair Harless asked him to state his name, address and
relationship to the property. The witness stated Deric Lichty, 910 Paradise Circle, Atlantic
Beach, Florida. Mr. Lichty stated everything Ms. White had said was correct. The witness
stated everything was in the works and estimated the building was 6 months from completion.
Mr. Lichty stated this had been an issue for a while and he was asking the Board for time to build
his building. Mr. Lichty elaborated on the history of his case and property. Discussion ensued.
Mr. Luthringer asked the witness why he was denied when he tried to register the structures. Mr.
Minutes of the Code Enforcement Board on May 14, 2013 Page 2 of 6
Lichty stated it was because his plans did not provide adequate retention required by the Director
of Public Works Rick Carper. Mr. Luthringer asked if he was talking about water retention and
the witness stated yes. Mr. Lichty stated he could move the structures forward for the setbacks,
tie them down and dig a hole for retention, and it would be signed off by Atlantic Beach. The
witness stated he did not want to do that, as it was a waste of time and money. Mr Lichty stated
he was not asking for a permit for the storage containers. He stated he was asking the Board to
let him use them until he gets his building built. Mr. Lichty stated at the time of the Certificate
of Occupation for his building, he would either permit the storage containers with separate
permits or get rid of them. Ms. White reiterated his options are to permit the storage containers
as permanent structures, or cease storage of them on the property site. She further explained
registration is for temporary storage of 30 days and this case is past that time frame. Ms. White
stated he had previously applied for a permit to keep the structures there permanently and that is
why we got into the issue of retention and setbacks. Mr. Lichty stated he did not want to do that
because he now wanted to build a building. Discussion ensued.
Chair Harless asked Mike Griffin if he had a recommendation. Mr. Griffin stated he spoke with
Mr. Lichty a year ago and agreed they were waiting for this property to go through probate. Mr.
Griffin stated the City did not take any Code Enforcement action while they were waiting for the
probate process and for Mr. Lichty to purchase the property. Mr. Griffin stated he had this same
conversation with the witness a year ago, stating Mr. Lichty told him he was getting a contractor,
he was going to build a building and improve the property site. Mr. Griffin stated he would like
to know when that is going to happen. Mr. Griffin stated this actually started as a complaint
because of the drainage. Mr. Griffin stated with the trailers on the site and the drainage not being
compensated for, it was adding to the drainage problem. He stated they were being pro-active in
having these trailers removed and whatever was put on the property needed to meet sufficient
retention requirements. Mr. Griffin reiterated he had this same conversation with Mr. Lichty a
year ago and he would like to know when Mr. Lichty is going to build his new building.
Mr. Lichty stated that everything Mr. Griffin said was 100% correct. The witness indicated his
engineer was present and may speak and attest to the reason for the delay. Chair Harless asked
the witness when the building would be ready for final inspection and the witness stated 6
months. Discussion ensued. Mr. Luthringer asked the witness when the containers would be
moved off the lot, as that is the violation the Board is dealing with today. Mr. Lichty stated
within 60 days.
MOTION: The Board adopts the staff recommendation with the exception that the date of
compliance shall be July 15,2013.
Moved by Luthringer, Seconded by Hagist
Discussion ensued. Mr. de Luna asked the witness how long it would take to build the type of
building he is constructing. Mr. Lichty stated it could be built from start to finish within 30 days.
Mr. de Luna stated as soon as the witness makes the decision and gets everybody moving, it
should be done in 60 days. Mr. Lichty stated he has made the decision, but it was in everybody
else's hands. Mr. de Luna stated he wanted to make sure the record reflected this was a doable
project within a 60-day time frame, and Mr. Lichty stated that is correct. Mr. Jensen made a
suggestion that the Board stay focused on the issue in front of them. He stated it is very clear
and there is a lot of discussion about things unrelated to the issue.
The motion was approved unanimously.
Minutes of the Code Enforcement Board on May 14, 2013 Page 3 of 6
B. 736 Amberjack Lane, Walter W. Peters, Case #12-912: 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 residential
zoning districts.
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 presented photos of the property stating the Code
requires that any lot less than 10,000 square feet may only have one recreational vehicle or trailer
stored on the property. She presented a photo taken March 27, 2013 showing a camper and a
boat. Ms. White stated they have now removed the boat and are now in compliance.
Staff recommends the Board find the property owner in violation for the time in violation and
now in compliance.
MOTION: The Board adopts the staff recommendation as stated.
Moved by Luthringer, Seconded by Hagist
The motion was approved unanimously.
C. 61 63 W 2nd Street, John G. Murr, Case #13-78: violation of International
Property Maintenance Code, Sec. 302.8 Motor Vehicles and violation of Atlantic
Beach City Code 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, as of this evening, she has spoken with Mr. Mum Ms.
White presented photos of the property stating Mr. Murr had a lot of inoperable, unlicensed,
dismantled, wrecked vehicles, vehicle parts, boxes, pallets, tires, miscellaneous junk and debris
that was visible from the street. Ms. White stated he has made great progress, but he is not quite
there yet.
Staff recommends the Board find the property owner in violation and order that compliance be
obtained by removal of all inoperable,unlicensed, dismantled, wrecked vehicles or stored so they
are not visible from the street or neighboring properties, and remove all the large vehicle parts,
boxes,pallets,tires, miscellaneous junk and debris and cease all outside storage by May 31, 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 adopts the staff recommendation as stated.
Moved by de Luna, Seconded by Luthringer
The motion was approved unanimously.
Minutes of the Code Enforcement Board on May 14, 2013 Page 4 of 6
D. 60 Ardella Road, Robert M. Hamil, Jr., Case #13-106: violation of Atlantic
Beach City Code 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 routine survey; proper notice was achieved in
accordance with F.S. 162 by posting the property; and she has spoken with Mr. Hamil and the
tenant, Austin Zipp. Ms. White presented photos of the property, stating the initial violation was
for outside storage of a washer and dryer, discarded furniture, and junk and debris in the yard.
Ms. White stated, as of yesterday, everything was removed but the washer and the tenant is in the
process of moving the washer by tomorrow.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by removal of the washing machine and washer parts stored outside by May 20, 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.
Discussion ensued regarding the date of compliance.
MOTION: The Board adopts the staff recommendation with the exception that the date of
compliance shall be May 31,2013.
Moved by Luthringer, Seconded by Ouellette
The motion was approved unanimously.
E. 148 Magnolia Street, Bruce W. Mackenzie, Case #13-110: 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 in
accordance with F.S. 162 by posting the property; and she has spoken with Mr. Mackenzie. Ms.
White presented photos of the property stating Mr. Mackenzie has complied with some of the
violations initially cited in this case. Ms. White stated the remaining violation is for an
inoperable white Chevrolet van. Ms. White stated she spoke with Mr. Mackenzie by phone and
he agreed to move the vehicle. She presented photos taken yesterday showing the vehicle still on
the property. She stated Mr. Mackenzie called her today and asked her to come and inspect the
property again. Ms. White stated she complied with his request and Mr. Mackenzie has moved
the vehicle.
Staff recommends the Board find the property owner in violation for the time in violation and
now in compliance.
Ms. White stated Mr. Mackenzie was present at the hearing. Chair Harless asked the witness if
he had anything he would like to say. Mr. Mackenzie stated only that he has no knowledge
whatever that the vehicle has ever been inoperable.
MOTION: The Board adopts the staff recommendation as stated.
Moved by Luthringer, Seconded by de Luna
Minutes of the Code Enforcement Board on May 14, 2013 Page 5 of 6
The motion was approved unanimously.
5. Miscellaneous Business
None
6. Adjournment
There being no further discussion,the meeting adjourne. .t 6:54 p. .
/
eda Harless, Chair
Dayna .Williams, Secretary
Minutes of the Code Enforcement Board on May 14, 2013 Page 6 of 6