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8-21-13 Minutes.pdf v CITY OF ATLANTIC BEACH SPECIAL CALLED MEETING CODE ENFORCEMENT BOARD MINUTES 6:00 P.M.—AUGUST 21,2013 IN ATTENDANCE: Veda Harless, Chair Deborah White, Code Enforcement Officer Ian Luthringer, Vice Chair Dayna Williams, Secretary Meade Coplan Alan Jensen, City Attorney Richard Ouellette ABSENT: Juliette Hagist(Excused) Benjamin de Luna(Excused) John Stinson,Alternate (Excused) Chair Veda Harless called the meeting to order at 6:03 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 July 9,2013. Moved by Ouellette, Seconded by Luthringer 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. Oliver J. Kraut,Et Al-Request for Rehearing. 363 Skate Road, Oliver J. Kraut, Et Al, Case#12-906 Code Enforcement Officer Debbie White presented the case, explaining some background Exhibits she provided to the Board. Ms. White stated Exhibit 1 is a letter from the new property owner, Mr. Kraut, requesting a rehearing; Exhibit 2 is the Affidavit of Compliance; Exhibit 3 is a letter Ms. White sent to Mr. Kraut on the fines and liens the Code Board had on the property when the property transferred title. Ms. White stated her inspection was prompted by a complaint; proper notice was achieved by certified mail; and she has spoken with someone in control of the property, Mr. Kraut. Ms. White presented photos of the property showing the property was now in compliance. Staff recommends the Board find the property owner in compliance and the fine accrued on the property be reduced from $11,200 to $5,000 with the condition payment be made in full on or before October 31, 2013. If fine is not paid in full by this date the original fine will be imposed plus interest. Chair Harless asked if the fine was in place when the bank auctioned the property and Ms. White stated yes. Ms. Harless asked if the bank ever contacted Ms. White regarding the fine on the property and if it was disclosed in the auction. Ms. White stated she was never contacted and the bank did not disclose the fines. Ms. Harless asked if the bank would have seen the lien when the title search was done, and Ms. White stated they pay cash at the auctions and there is no title search. Mr. Luthringer asked if the municipal liens for Atlantic Beach show up on the tax collector website and Ms. White stated yes, the actual Order is recorded. Ms. White stated Ms. Kraut is present and would like to address the Board. Chair Harless asked the witness to state her name and address. The witness stated Susan Kraut, 226 Tallwood Road,Jacksonville Beach. Ms. Kraut stated she did not think there was anything else she could add. She stated the bank never took title and actually owned the property. Ms. Kraut stated the property was in foreclosure and she bought it from the county auction. Discussion ensued regarding the process of recording liens and the responsibility and handling of title searches. MOTION: The Board adopts the staff recommendation as stated with the exception that the fine be reduced to $2,500. Moved by Luthringer, Seconded by Coplan The motion was approved unanimously. B. Yousef Sultani-Request for Rehearing. 43 Stanley Road,Marshal and Yousef Sultani. Code Enforcement Officer Debbie White presented the case, stating the property owner is Marshal Sultani; the address of the property is 43 Stanley Road; there are three cases on this property: 1.) Case#12-660: violation of Atlantic Beach City Code, Sec. 24-173 Neighborhood Preservation and property maintenance standards. 2.) Case#12-661: Chapter 6, Sec. 6-16 Florida Building Code Adopted; Sec. 105.1 Permits Required; Sec. 24-151 Accessory Structures and Uses; Sec. 24- 157 Fences, Walls, and Similar Structures; Sec. 24-157(B) Fence Height and Location. 3.) Case#12-662: Sec. 6-16 Florida Building Code Adopted; Sec. 105.1 Permits Required; FBC Sec. 110.4 Certificate of Completion and Sec. 105.4.1 Expired Permits (building permit#11-1633). Ms. White presented photos of the property and discussion ensued regarding the existing violations. Ms White stated the Board issued Orders at the January 8, 2013 meeting giving Mr. Sultani until July 8' 2013 to achieve compliance. Ms. White stated she did an inspection and found Mr. Sultani did not meet the deadline. Ms. White stated she provided copies of the Orders and an Affidavit of Non-Compliance for the Board to review. Ms. White stated Mr. Sultani transferred title to the property on April 9, 2013 to his daughter, Marshal. Ms. White stated Mr. Sultani did not disclose this information to her department, but Ms. White found it in the record. Ms. White stated she sent a letter to Marshal Sultani to notify her of the Code Enforcement Orders on the property. Ms. White stated she provided copies of the following for the Board's Minutes of the Code Enforcement Board on August 21, 2013 Page 2 of 9 review: copies of the letter she sent to Marshal Sultani; copies of the first letter Mr. Sultani sent requesting a rehearing; copies of the letter she sent in response to his request, explaining to him that the property needed to be in compliance before we addressed the issue; and copies of a second letter from Mr. Sultani requesting a rehearing, stating she was instructed to place him on the agenda for tonight's meeting. Staff recommends the Board find the property owner in violation and order that full compliance be achieved with the Code Enforcement Board orders executed January 17, 2013, and that the current $100.00 per day fine, per case, continue to accrue until full compliance is achieved. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case, the same as it was ordered previously. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Respondent may request a rehearing in writing when property is in full compliance. Ms. White stated there was not much to discuss because Mr. Sultani has not achieved compliance and the fine continues at $100.00 per day. She explained his request in the first letter sent was for more time, and she explained to him it was out of her hands once the Board issues an order stating a date of compliance. Ms. White explained that once she sends the Affidavit of Non-Compliance, the process is the respondent has 10 days to appeal her findings; so if the respondent thinks they are in compliance and they disagree with her findings of non-compliance, that is the way the appeal is supposed to work in this particular case. Chair Harless asked Mr. Jensen if Mr. Sultani could speak on behalf of Marshal Sultani since he had transferred title of the property. Mr. Jensen stated it was up to the Board to decide if they would allow Mr. Sultani to speak on the owner's behalf. Discussion ensued. Mr. Luthringer asked if any of Mr. Sultani's 3 cases were in compliance and Ms. White stated no. The witness came to the podium and stated his name is Yousef Sultani and his daughter's name is Marshal Sultani. Mr. Sultani stated he went to see Ms. White 10 days before expiration and explained he had completed 90 percent of the work and needed more time to complete the work. Mr. Sultani stated Ms. White told him she could not do anything as the Board had issued orders with a compliance date to be met. He further explained Ms. White stated he could not go to the Board, he would need to go to the Circuit Court. Mr. Sultani stated he called Michael Griffin, the Building and Zoning Director, and after further discussion he was allowed to come back to the Board. Mr. Sultani stated he had completed most of the work and discussion ensued. Chair Harless asked Ms. White to state what work is left to do so the Board could determine if they would allow any extra time to Mr. Sultani. Ms. White presented photos of the property explaining the remaining work to be done. Mr. Luthringer asked Mr. Sultani why he waited until July 16th to submit a written request for more time, when his time expired on July 8th, per Board Order. Mr. Sultani explained several personal problems he had during that time. Mr. Luthringer asked Ms. White why she could not accept an oral request from Mr. Sultani for a hearing and she stated typically respondents do not come back before the Board until they are in compliance. Mr. Luthringer stated, so there is no formal procedure for coming back before the Board through Ms. White, as the Code Enforcement Officer, and Ms. White stated no, not with the self- executing orders. Ms. White stated that is why she put in her recommendation the respondent Minutes of the Code Enforcement Board on August 21, 2013 Page 3 of 9 may request a rehearing in writing when property is in full compliance; then we can address the issue of the fine. Chair Harless asked the witness if he understood what Ms. White was saying about being in compliance first, then requesting a rehearing to address the fines, and the witness stated yes. Discussion ensued. MOTION: The Board adopts the staff recommendation as stated. Moved by Harless, Seconded by Coplan Mr. Luthringer stated he did not want to repeat this again. He stated he wanted to have something more concrete so we are not back here discussing reducing the fine and discussing the same issues we are now. Mr. Luthringer stated he felt we should give the respondent a deadline of 30 days to be in full compliance. He further stated if he obtains that compliance within 30 days, then the fines would be forgiven; if he fails to, then he would owe all the fines and there would be no further extension. Discussion ensued. Ms. Harless stated they should vote on her motion first,then have further discussion. Votes: Aye: -3 - Ouellette, Harless, Coplan Nay: - 1 -Luthringer Motion Carried Chair Harless asked Mr. Sultani if he understood the Board's decision, stating once he is in compliance he may request a rehearing, in writing, to discuss the fines. The fines will continue to accrue until he comes into compliance. Mr. Sultani stated he understood and would do as recommended. C. Walter Barnes, II, Owner/Louise W.Winfree, Buyer-Request for Rehearing. 421 Sargo Road,Case#11-766 Code Enforcement Officer Debbie White presented the case, stating the Notice of Violation was sent on 11/1/11 and was signed for on 11/4/11. Ms. White stated this is an old case and she provided the Board with a lot of background. Ms. White stated it has been an abandoned property for years; Mr. Barnes is deceased and his son lives out of state in Missouri. Ms. White stated she looked at the public record and found where it was probated on 2/5/09, so it has been vacant for quite some time. Ms. White stated the fines have accrued to $55,400.00 to date, and the son, Mr. Barnes, II, has a prospective buyer, Ms. Winfree, who is present and would like to address the Board. Ms. White stated there is a letter from Ms. Winfree requesting a rehearing, in which she agrees to accept the City's recommendation of$15,000.00 be paid to the City. Ms. White reiterated she provided the Board with a lot of background information if they would like to look through it and ask any questions. Mr. Luthringer asked if Ms. White had made a recommendation and both sides agreed to it. Ms. White stated yes, but there are some conditions and she would read her recommendation to the Board. She first presented photos of the property, stating it was not in compliance. Minutes of the Code Enforcement Board on August 21, 2013 Page 4 of 9 Staff recommends the Board find the property remains in violation and agrees to reduce the current fines accrued to $15,000.00, with the following conditions: Property to be maintained, mowed and clean at all times. Property be in full compliance and a fine of$15,000.00 be paid in full on or before October 31, 2013. Failure to comply with any of the conditions will result in the fine being reinstated and continue at the rate of $100.00 per day until full compliance is achieved. Chair Harless administered the oath to Ms. Louise Winfree at this time. Ms. Harless asked the witness to state her name and address and the reason she is here. The witness stated she is known as Woody Winfree, but her legal name is Louise Winfree, 335 Third Street, Atlantic Beach. She stated she is here to expedite the suggestions that have been made on the property. The witness stated she and her husband own the house to the north of that property and they have been concerned about the dangerous state of disrepair for some time. Ms. Winfree stated their intention is to demolish the home. She stated they also have long-term plans to build on the property, but the first priority is to get it cleaned up and cleared. Ms. Harless asked if that would bring it in compliance and Ms. White stated, except for the fence and grass, it would be in compliance. MOTION: The Board adopts the staff recommendation as stated. Moved by Coplan, Seconded by Luthringer The motion was approved unanimously. 4. New Business A. 378 Ahern Street,Valcom Driver Leasing, Case#12-879 Code Enforcement Officer Debbie White presented the case, stating the violation was for his tenant, Reid Penuel, an attorney, who did not have a business tax receipt. Ms. White stated Mr. Penuel paid his business tax receipt today, and he is now in compliance. Chair Harless stated she would like to see a spreadsheet of what Ms. White generates by tracking this, if at all possible. She stated it would be some type of benchmark to show other cities. MOTION: The Board adopts the staff recommendation as stated. Moved by Luthringer, Seconded by Coplan The motion was approved unanimously. B. 27 Edgar Street, Ossi Klotz LLC, Case#13-123 Code Enforcement Officer Debbie White presented the case, stating the Notice of Violation was sent on 6/6/13 and signed for on 6/10/13. Ms. White stated it is a violation of International Property Maintenance Code, Sec. 304.2 Protective Treatment; Sec. 304.7 Roofs and drainage and Sec. 24-173 Neighborhood Preservation and property maintenance standards. Ms. White stated ownership of the property 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, the property manager, Lara Barker, who is present to address the Board. Minutes of the Code Enforcement Board on August 21, 2013 Page 5 of 9 Ms. White presented photos of the property stating the roof and eaves are rotted; the gable end needs repair and there is water damage. Ms. White stated the violation of the outside storage has been remedied at this time. Chair Harless administered the oath to Ms. Barker at this time. Ms. Harless asked the witness to state her name and address. The witness stated Lara Barker, office address is 645 Mayport Road. The witness stated she is the manager/co-owner of the property. Ms. Barker stated they had some problems with the partnership. She stated the part owner hired an agent and he started collecting the rent, but they were not getting the money, as he was cashing the rent checks fraudulently. Ms. Barker stated they are trying to open a case with the State's Attorney and so they have not had the money for the repairs. Ms. Barker stated she has since contracted with Romano Roofing, a licensed roofing contractor, and those repairs will be underway as quickly as possible. The witness stated they intended to bring everything into compliance. She stated she anticipated a permit would be pulled on Friday and the work will begin on Monday. Mr. Luthringer asked the witness if she had any issue with the staff's recommendation of compliance by October 31, 2013, and the witness stated absolutely not. MOTION: The Board adopts the staff recommendation. Moved by Luthringer, Seconded by Coplan The motion was approved unanimously. C. 1890 Live Oak Lane, Kenneth H. Akers, Case#13-162 Code Enforcement Officer Debbie White stated she received no service on this property. Chair Harless asked if Ms. White got any response. Ms. White stated she received the letter yesterday, which does not give her enough time to post it. Ms. White stated there is no action on this case. Chair Harless stated it is tabled/deferred for now. D. 1515 Ocean Boulevard, Ossi Development, Inc., Case#13-178 Code Enforcement Officer Debbie White presented the case, stating the original property owners were the Petroni's, who sold the property on 6/13/13 to Ossi Development. Ms. White stated Ossi Development was notified concerning the violations. Ms. White stated there were 2 issues. She stated the previous owner had split the house into 3 separate dwelling units to rent and it is in a single family district. Ms. White stated she had met with Ms. Petroni and verified that was going on. Ms. White stated when she met with Ms. Petroni they were doing work on the 2nd floor deck in the back of the house. Ms. White stated they issued them a stop work order because they did not have a building permit. She stated they did not get a building permit, so this is the first issue she was referring to. Ms. White stated the 2nd issue is the single family dwelling. She stated the new owners only have one tenant in the main house and they obtained a demolition permit yesterday to demolish the house. 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 someone in control of the property, Mr. Ossi. Ms. White presented photos of the property, stating there is not much to see from the pictures. Ms. White stated there are some of the neighbors present who would like to address the Board. Minutes of the Code Enforcement Board on August 21, 2013 Page 6 of 9 Staff recommends the Board find the property owner in violation and order that compliance be achieved by obtaining permits for the 2nd story deck in the rear; limit any future occupancy to a single family dwelling only; or demolish the structure and pool by September 10, 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. Ouellette asked Ms. White if the demolition permit satisfied her recommendation, and she stated no, they must complete the work. Chair Harless asked anyone who would like to address the Board to please come to the podium and state their name. The witness stated Jim Mudge, 1549 Ocean Boulevard. The witness stated he and his wife have been property owners adjacent to this particular property for 7 years. The witness stated they have endured the complete failure of the maintenance of the house. He stated they had a good, strong friendship with the original owners and builders of the house. The witness stated, since that point in time, he has brought it to the attention of the City of Atlantic Beach exactly what was going on next door; with 3 separate apartments being rented, none of which was being lived in by the owner. The witness reiterated that for 7 years, minimally, he and his wife have brought the fact that the home was being illegally rented to the attention of the City of Atlantic Beach and this authority. Mr. Mudge stated the effort, prior to the time that he has been working with Ms. White, has been beyond abysmal. He stated they would like to make sure the owners of the house, who illegally rented the house, are fined something. The witness stated the City of Atlantic Beach should be ashamed of letting this type of stuff happen. The witness stated the one point he wanted to make is that you can be the town crier, you can appear in front of proper people and you can get excuses that make his skin crawl. The witness stated that is why he is standing here saying what they have gone through for the last 7 years. He added, it should not happen. Chair Harless stated she appreciates and understands his frustration and she would have to ask the attorney to figure out why the City of Atlantic Beach could not resolve the matter sooner. Chair Harless stated Ms. White is very knowledgeable. The witness stated that Ms. White is a bulldog. Ms. Harless agreed and stated perhaps we have the right mix now and it is unfortunate what he had been through, but the Board is on his side. Chair Harless asked Mr. Jensen what recourse is available to remedy renting to multiple tenants. Mr. Jensen stated it is a matter of proof and the City being on notice that something is happening, then they can start their investigation. Ms. Harless asked if there was any legal method, aside from Ms. White knocking on the door and sending letters, to resolve issues such as this, or is that it. Mr. Jensen stated that is pretty much where we would start, adding, if the City had sufficient proof to establish what was going in that house was in violation of our ordinances to file in some type of court. Mr. Luthringer asked in that situation it would need to be investigated by the police department for a violation of the ordinance, correct, because we are just under code enforcement. Mr. Mudge stated the police department said it was a zoning problem and they did not want to get involved. Mr. Jensen stated it is not necessarily a criminal violation. An audience member indicated they would like to speak. Chair Harless asked them to come forward and state their name. Mr. Mudge stated it was Mark Johnson. The witness stated he Minutes of the Code Enforcement Board on August 21, 2013 Page 7 of 9 lived on the other side of the property and the challenge in trying to bust these type of situations is there is no authority to be able to go in. The witness stated most of their dealings were with Sonya when she was with the City. He stated they would ask Sonya to go in and see what they have done to the house, and Sonya would tell them they do not have a legal right to do that. The witness stated his recommendation would be to establish an occupancy permit process. He stated other cities require an occupancy permit and it makes it easier to bust these kind of operations. The witness stated he wanted to thank Ms. White. He stated she has been a pleasure to work with and she has done a great job. MOTION: The Board adopts the staff recommendation. Moved by Luthringer, Seconded by Coplan Chair Harless discussed changing the date of compliance and the issue of imposing a fine due to the fact that the property owners were sent the Notice of Violation on 6/19/13. Ms. White stated this is the first time Ossi Development, Inc. has been before the Board and it is protocol to give a reasonable time to correct the violation. Discussion ensued. Mr. Mudge asked if he could come to the podium to speak. The witness asked if what he is hearing is the possibility that the new buyer may be the person who is going to be fined for the problems here, and Ms. Harless stated that is correct. Mr. Mudge stated he could assure the Board the new buyer never knew there were any problems with the property. The witness stated he would hate to see the new buyer fined. Discussion ensued. The motion was approved unanimously. E. 743 Sailfish Drive,Jeffrey D. Klotz, Case#13-328 Code Enforcement Officer Debbie White presented the case, stating the violation is inoperable vehicle; the Notice of Violation was sent on 5/10/13 and was received on 5/16/13; ownership was determined by the tax records for Duval County; her inspection was prompted by a routine survey and 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, Lara Barker, who addressed the Board previously. Ms. White presented photos of the property showing a vehicle in the driveway without a tag. Ms. White stated she then got a complaint about a 2nd vehicle on the property that appears to be inoperable. She stated it is covered with a tarp so she could not see the tag. Ms. White stated she spoke with Ms. Barker, the property manager, about the vehicles. Ms. White stated she explained the criteria for motor vehicles. She stated they need to have a current license tag and they need to be operable. Ms. White stated one of the vehicles is obviously not operable and for the 2"d vehicle she suggested to Ms. Barker to put the tag on it and move it around so that she could see that it has been licensed. Ms. White stated she went by there today and it had not been done. She stated Ms. Barker was present and wished to address the Board. Ms. Barker came to the podium and stated the Cadillac is operable and has a current tag on it. She stated it is no longer under the carport. Ms. Barker stated the van does have a current tag but is not operable. Ms. Barker stated a Mr. Lopez assured her that the van will be repaired and back on the road within 10 days. Minutes of the Code Enforcement Board on August 21, 2013 Page 8 of 9 Staff recommends the Board find the property owner in violation and order that compliance be achieved by removal of all inoperable, unlicensed vehicles from the premises by September 2, 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 Coplan, Seconded by Ouellette The motion was approved unanimously. 5. Miscellaneous Business None 6. Adjournment There being no further discussion,the meeting adjod at :3 .m. ,l, fr Veda Harless, Chair 9) r 9,. Who'hm,,' Day : L. Williams, Secretary Minutes of the Code Enforcement Board on August 21, 2013 Page 9 of 9