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7-9-13 Minutes.pdf v CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES 6:00 P.M.—July 9,2013 IN ATTENDANCE: Veda Harless, Chair Mike Griffin, Building& Zoning Director Richard Ouellette Deborah White, Code Enforcement Officer Meade Coplan Dayna Williams, Secretary Ian Luthringer Benjamin de Luna John Stinson, Alternate (arrived at(6:15 p.m.) ABSENT: Juliette Hagist(Excused) Alan Jensen Chair Veda Harless called the meeting to order at 6:06 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 Code Enforcement Board Meeting of May 14,2013. Moved by Coplan, Seconded by Luthringer Mr. de Luna stated he would like the minutes to reflect the comments made at the previous meeting about Code Enforcement Officer White with regards to her performance. Chair Harless concurred and discussion ensued. Chair Harless stated the Board was very pleased with Ms. White's work effort and especially the organization of what the Board would hear. She thanked Ms. White for a great job and Mr. de Luna concurred. Mr. de Luna asked if we could also add the comments stated at the prior meeting and Chair Harless agreed; stating we would not amend the minutes, we would just include them in today's minutes. The following comments were made at the previous meeting: Mr. de Luna complimented Ms. White on the Code Enforcement Officer Statement forms provided to the Board. Mr. de Luna stated Ms. White had brought them to a different level of professionalism. He added the forms were very nice, very informative and he noticed she included the names of the people she spoke with when dealing with a specific property. He stated he felt this was very important so the minutes can be specific on this point. Mr. Ouellette offered his congratulations to Ms. White for doing such a good job. He thanked her for taking action and following up to see that codes come into compliance. The Board all thanked her for doing such a great job and Chair Harless stated she appreciated Ms. White and everyone on the Board for all they do. The motion was approved unanimously 2. Administration of Oath to Defendants/Witnesses Chair Veda Harless gave the oath to the defendants and witnesses. 3. New Business: A. 33 W 6th Street, Dale Christenson, Case #13-131: violation of Atlantic Beach City Code, Sec. 20-52 Levy. Business Tax Receipt and Sec. 20-54 Due Dates and delinquencies; penalties. Code Enforcement Officer Debbie White presented the case, stating the violation is for the property owner's tenant operating a general and roofing contractor office/business without an Atlantic Beach Tax Receipt and he needs a Use-by-Exception required for Zoning. Ms. White stated the Notice of Violation was sent on 3/14/13 and was received/signed for on 3/15/13. Ms. White stated ownership of the property was determined by the tax records for Duval County; her inspection was prompted by a routine survey and an application for a business tax receipt; 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 has spoken with the property owner's brother, Brian Christenson, who is present tonight. Ms. White presented photos of the property and explained that Mr. Christenson's tenant, Tier One Construction, came in to apply for a business tax receipt for this location. She explained in this particular zoning district a Use-by-Exception (UBE) is required. Ms. White stated she has attached a copy of an email as Exhibit 1, which outlines how the process works. Ms. White stated the tenant came in yesterday and submitted an application for the UBE and paid the $250.00 dollar filing fee. Ms. White stated the tenant has been in business for over a year and explained he had met with the Zoning department in August 2012 and was told he needed the Use-by-Exception and to turn in a site plan and various other forms that were needed for the process. Ms. White stated he did not come back in and it came to her attention that he did not have one when she did a survey on business tax receipts for that area. Staff recommends the Board find the property owner in violation and order that compliance be achieved by obtaining the required Use-by-Exception and obtaining a business tax receipt and paying all fees and penalties on or before October 25, 2013, or a fine or $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. Chair Harless asked for more information about the UBE. Ms. White stated zoning has certain districts and in those particular districts there are permitted uses. Ms. White stated when you apply for a business tax receipt and you are in a district that permits that kind of business then your zoning is approved and you get your business tax receipt. She stated there are permitted uses within certain districts and/or Use-by-Exception requirements. Ms. White stated this particular case required the Use-by-Exception process. Discussion ensued. Mr. Luthringer asked what would happen if the UBE is not approved and Ms. White stated he would have to move and she has explained that to Mr. Christenson. Mr. de Luna asked if it was approved at the City Commission Hearing of 10/14/13 would he be able to get his business tax receipt on 10/15/13 and Ms. White stated yes. Mr. Ouellette asked how long has he been in business and Minutes of the Code Enforcement Board on July 9, 2013 Page 2 of 6 Ms. White stated he came in and applied in February 2012. Ms. Coplan said it appears Ms. White is finding the property owner in violation and Ms. White stated the property owner is responsible for his tenants and it is the property owner who gets cited. Ms. Coplan asked if the property owner was aware of what is going on and Ms. White stated yes and that his brother is present to represent Mr. Christenson. Chair Harless asked if the witness wanted to make any comments. Chair Harless asked the witness to come to the podium to be sworn in and gave the oath to the witness at 6:16 p.m. Chair Harless asked the witness to state his name and the property he is representing. The witness stated Brian Christenson and he is representing 33 W. 6th Street. The witness stated the property owner is his brother, who was not aware of this situation, as he has fallen to a mental illness that has been documented for almost 3 years. The witness stated he had been filling in and it has been a task for him. The witness stated he took it for granted that everything was documented in the lease and it was the tenant's responsibility to figure out if the property was zoned properly or not. The witness stated the tenant has improved the property considerably. Chair Harless asked the witness if Ms. White explained what needs to be done. The witness stated a letter had been sent from Ms. White in March 2013 and he had brought it to his tenant's attention and the tenant stated he would take care of it. The witness stated he thought things were taken care of until he received another letter about 2 weeks ago. Mr. Luthringer stated, as it stands, the property owner is in violation and he has to obtain this UBE. Mr. Luthringer stated it appears we will know by 10/14/13 if it has been approved by the City Commission. Mr. Luthringer asked the witness if the tenant is unable to make compliance by 10/25/13 will it be a problem for the property owner to remove him from the property. The witness stated it would not be a problem and he prefers a deadline to get the tenant to commit to the recommendations. MOTION: The Board adopts the staff recommendation as stated with the exception that the date of compliance shall be November 15,2013. Moved by Luthringer, Seconded by Ouellette The motion was approved unanimously. Item C was taken out of sequence and acted on at this time. C. 330 Sargo Road, Richard A. O'Brien, Case#13-299: violation of Atlantic Beach City Code, Sec.24-173 Neighborhood Preservation and property maintenance standards. Code Enforcement Officer Debbie White presented the case, stating the original violation was of the International Property Maintenance Code, Sec. 302.8 Motor Vehicles; Sec. 24-157. Fences, walls and similar structures and Sec. 24-173 Neighborhood Preservation and property maintenance standards. Ms. White stated the Notice of Violation was sent on 4/8/13 and was received on 4/11/13. Ms. White stated 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 Ms. Paul concerning this property. Ms. White presented several photos of the property stating she initially contacted the tenant by telephone. Minutes of the Code Enforcement Board on July 9, 2013 Page 3 of 6 Staff recommends the Board find the property owner in violation and order that compliance be achieved by removal or licensing all inoperable vehicles,repair/remove all collapsing/dilapidated fencing and remove and cease all outside storage of debris, aquarium, construction materials, tires, fencing, etc., by July 29, 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. Chair Harless asked if Ms. White had been able to speak to the owner himself and Ms. White stated no. Ms. White stated as of today the inoperable vehicles and the fencing have been taken care of Discussion ensued. Chair Harless asked the witness if she would like to make a statement and Ms. Paul stated yes and came to the podium. Chair Harless asked the witness to state her name and address. The witness stated Brea Paul, 330 Sargo Road. Ms. Brea stated she is the tenant and realizes she is in violation and stated she is coming to the Board to plead her case. The witness described her circumstances after her husband's mother passed away and discussion ensued. Ms. Paul stated it was her anticipation that by the end of July all the violations would be corrected and everything restored. Mr. Luthringer asked the witness if she had a problem with the date of compliance and the witness stated not at all. Discussion ensued. MOTION: The Board adopts the staff recommendation as stated. Moved by Luthringer, Seconded by Ouellette The motion was approved unanimously. B. 40 Robert Street, Ossi Klotz LLC, Case #13-122: violation of International Property Maintenance Code, Sec. 304-13 Windows, skylights and door frames; Sec.304.2 Protective treatment and Sec. 304.7 Roofs and drainage. Code Enforcement Officer Debbie White presented the case, stating the Notice of Violation was sent on 2/14/13 and was signed for on 2/15/13. Ms. White stated 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 she has spoken with the previous property manager, the current property manager and with Mr. Ossi. Ms. White presented photos of the property showing a large hole in the roof, rotting eaves and gable ends. Ms. White showed a photo of a rotting wood frame structure, which she could not identify, sitting on top of the roof She stated it is in very poor condition and needs to be removed. Staff recommends the Board find the property owner in violation and order that compliance be achieved by hiring a State of Florida licensed roofing contractor to obtain a permit to replace the roof, the broken window be removed and all wood eaves, soffit, trim, gable ends be cleaned and painted by July 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 Minutes of the Code Enforcement Board on July 9, 2013 Page 4 of 6 responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Chair Harless asked Ms. White what response she received from the owner and the property management regarding her recommendations for repairs and maintenance. Ms. White stated they agreed the work needed to be done, but nothing has happened. Mr. de Luna asked Ms. White, in addition to obtaining a permit, you want them to replace the roof, and Ms. White stated yes. She stated the roof was in such poor shape she did not see how it could be repaired. Mr. de Luna stated her recommendation is they also need to replace the roof, not just obtain a permit. Ms. White stated yes, the permit does not do anything, they actually have to do the work. Mr. de Luna stated the recommendation just reads to obtain a permit. Ms. White stated she should have put to obtain a permit and replace the roof and Mr. de Luna agreed. Discussion ensued. MOTION: The Board adopts the staff recommendation but in addition the requirement should be that they replace the roof in addition to obtaining a permit. Moved by de Luna, Seconded by Luthringer Discussion ensued whether to amend the motion to remove object on top of roof AMENDED MOTION: The Board adopts the staff recommendation but in addition the requirement should be that they replace the roof in addition to obtaining a permit, and repair any structures on the roof to be in compliance. Moved by Harless, Seconded by Luthringer The motion was approved unanimously. C. 330 Sargo Road, Richard A. O'Brien, Case#13-299: violation of Atlantic Beach City Code, Sec.24-173 Neighborhood Preservation and property maintenance standards. This item was taken out of sequence and acted on earlier in the meeting. 5. Miscellaneous Business A. Election of Officers Chair Harless stated Nicholas Dodaro has formally resigned. She stated he served as Vice Chair and was a full member of the Board. Ms. Harless stated the floor was open for nominations for Vice Chair person. Motion: Nominate Ian Luthringer for Vice Chair. Moved by Coplan, Seconded by Harless The motion was approved unanimously. Mr. Ouellette stated it has been his pleasure to serve with the Board for two terms. Mr. Ouellette stated this was his last meeting and Secretary Williams stated he had one more meeting before his term was up. Chair Harless stated he would be sorely missed and all the Board members agreed. Minutes of the Code Enforcement Board on July 9, 2013 Page 5 of 6 6. Adjournment There being no further discussion,the meeting adjourn- at 6• 4 p. . l eda Harless, Chair 41444-W Da illiams Day L. , Secretary Minutes of the Code Enforcement Board on July 9, 2013 Page 6 of 6