9-10-13 Minutes.pdf v CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M.—September 10,2013
IN ATTENDANCE:
Veda Harless, Chair
Juliette Hagist Deborah White, Code Enforcement Officer
Richard Ouellette Alan Jensen, City Attorney
Ian Luthringer Dayna Williams, Secretary
Meade Coplan
Benjamin de Luna
John Stinson
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.
Item 2 was taken out of sequence and acted on at this time.
2. Administration of Oath to Defendants/Witnesses
Chair Veda Harless gave the oath to the defendants and witnesses.
1. Approval of the Minutes of the Special Called Meeting held on August 21, 2013.
The minutes are not available at this time.
2. Administration of Oath to Defendants/Witnesses
Chair Veda Harless gave the oath to the defendants and witnesses.
This item was taken out of sequence and acted on earlier in the meeting.
3. New Business
A. 429 Skate Road,Joan J. Miller, Case#13-054
Code Enforcement Officer Debbie White presented the case, stating the Notice of Violation was
sent on 1/23/13 and was returned unclaimed on 3/1/13. Ms. White stated the property was
posted and a Notice of Violation was sent regular mail on 3/1/13. Ms. White stated the violation
is the International Property Maintenance Code, Sec. 304.7 Roofs and drainage; ownership was
determined by the tax records for Duval County; her inspection was prompted by a routine
survey; proper notice was achieved by posting of the property in accordance with F.S. 162; and
she has spoken with someone in control of the property, Ms. Miller,the owner.
Ms. White presented photos of the property stating Ms. Miller has a leaky roof and had put a
blue tarp over her entire roof. Ms. White stated she has spoken with Ms. Miller a few times and
provided her with brochures and information on different agencies to contact that may offer
assistance with her roof
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by obtaining a building permit to repair/replace the roof and to complete the work by
November 1, 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 stated Ms. Miller continues to ask for extensions because she does not have the
money to do the work. Discussion ensued.
MOTION: The Board adopts the staff recommendation as stated.
Moved by Coplan, Seconded by Luthringer
The motion was approved unanimously.
B. 675 Atlantic Boulevard, Shoreline Property Mgmt Inc, Case#13-237
Ms. White presented the case, stating the violation was for a business tax receipt. Ms. White
stated the fees were paid today and this property is now in compliance.
C. 91 W 11th Street,Empirian Driftwood LLC, Case#13-320
Ms. White presented the case, stating the tenant from apartment 903 called with concerns about
the floor. Ms. White stated the apartment is off-grade and the wood floor was spongy when you
walk on it and the dryer vent was venting through the floor onto the open ground. Ms. White
added there was also a broken window in apartment 1008. Ms. White stated the Notice of
Violation was sent on 5/9/13 and received on 5/17/13. Ms. White stated the violation for
apartment 1008 was the International Property Maintenance Code, Sec. 304.13.1 Glazing; which
has now been repaired. Ms. White stated the violations for apartment 903 were the International
Property Maintenance Code, Sec. 305.4 Stairs and walking surfaces and Sec. 403.5 Clothes dryer
exhaust.
Ms. White stated 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, Brady, a property manager.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by repairing the floor and properly installing the dryer vent in apartment 903 by
October 1, 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 stated there was someone present who would like to address the Board.
Ms. Harless asked if the original tenant from apartment 903 is gone, and Ms. White stated yes.
Ms. Harless asked when was the last time Ms. White had access to physically inspect the repairs
in 903. Ms. White stated she has gone there 2 or 3 times and left a note for the tenants to call
her,but has not heard from them. Discussion ensued.
Ms. Harless asked the witness to step forward and state her name and who she is representing.
The witness stated Brandy Smith with Empirian Driftwood LLC. The witness stated they did
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repair the clothes dryer exhaust and the window. She stated they have not repaired the spongy
floor, but they plan on taking care of it within the next week. Discussion ensued.
MOTION: The Board adopts the staff recommendation.
Moved by Luthringer, Seconded by Coplan
The motion was approved unanimously.
Mr. de Luna addressed the prior case on Shoreline Property Management. Mr. de Luna asked if
the violation was withdrawn or does the Board need to move to find them in compliance.
Discussion ensued. Ms. Harless said she did not think a vote was needed for compliance. Mr. de
Luna stated it either needs to have a motion or be withdrawn. Ms. Harless stated she believed
once it is in compliance it is off the agenda and there is nothing they need to vote on or approve.
Ms. Harless asked Mr. Jensen for clarification. Mr. Jensen stated if Ms. White gives a synopsis
that it is in compliance, then she is dropping the case or dropping the charges. Mr. de Luna
stated as long as it is understood that it is being withdrawn. Discussion ensued. Ms. Harless said
Ms. White stated everything is in compliance and the complaint is withdrawn. Ms. Harless
asked Mr. de Luna if that is sufficient and he stated yes.
D. 981 Sailfish Drive,Rena Koenig, Case#13-396
Ms. White presented the case, stating the Notice of Violation was sent on 5/29/13 and returned
unclaimed on 7/2/13. Ms. White stated the property was posted on 07/2/13. Ms. White stated
the violations are International Property Maintenance Code, Sec. 302.8 Motor Vehicles; violation
of Atlantic Beach City Code Sec. 12-1 Nuisances and Sec. 24-157 Fences, Walls and Similar
Structures. Ms. White stated ownership of the property was determined by the tax records for
Duval County; her inspection was prompted by a complaint; proper notice was achieved in
accordance with F.S. 162 by hand delivery; and she has spoken with someone in control of the
property, Mrs. Koenig.
Ms. White presented photos of the property stating there is a boat, a red inoperable vehicle,
another vehicle, the rear yard is full of junk/trash, the yard is overgrown, and there is a
dilapidated chain link and wood fence.
Staff recommends the Board find the property owner in violation and order that compliance be
achieved by removal of all the junk, unlicensed, inoperable motor vehicles and boats stored on
the property and in the carport; mow and clean the yard; removal of all junk stored in the boat
and the yard; and remove, repair or replace all deteriorated/dilapidated chain link and wood
fencing by October 1, 2013 or a fine of$150.00 be imposed for the first day and $150.00 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 stated when she initially cited this property there was one junk car in the back yard,
but more have now been added. She stated the red van was pulled in later and another vehicle is
now in the carport.
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Mr. de Luna asked what response Ms. Koenig gives when she talks to Ms. White. Ms. White
said Ms. Koenig states she is going to have her grandson clean it up and they have done some
work in the yard and with some of the the junk in the boat, but it is nowhere near compliance.
Mr. Luthringer asked if there was anyone at the meeting on behalf of Ms. Koenig, and Ms. White
stated no. Discussion ensued.
MOTION: The Board adopts the staff recommendation.
Moved by Luthringer, Seconded by Stinson
Mr. Luthringer explained the reason he did not extend the deadline is because nobody came to
the meeting and Ms. Koenig has brought more vehicles onto the property after receiving the
Notice of Violation. Discussion ensued regarding extending the time and increasing the fine.
Mr. Luthringer stated if somebody on the Board thinks it is not a reasonable amount of time and
would vote against the motion based on that reason, he would withdraw his motion. Discussion
ensued and Mr. Luthringer stated he will withdraw his motion. Ms. Harless asked Mr. Jensen if
they needed to second that or have a vote, and Mr. Jensen stated no, as the motion was
withdrawn.
MOTION: The Board adopts the staff recommendation as stated with the exception that
the fine be increased to $200.00 per day and the date of compliance shall be November 1,
2013.
Moved by Ouellette, Seconded by Hagist
Votes:
Aye: -6 -Hagist, Ouellette, Coplan, Luthringer, de Luna,Harless
Nay: - 1 —Stinson
Motion Carried
E. 2137 S Fairway Villas Lane,Douglas J. Dickie, Case#13-481
Ms. White presented the case, stating the Notice of Violation was sent on 6/20/13 and was
returned unclaimed on 7/18/13. Ms. White stated the property was posted on 7/18/13 and a
Notice of Violation was sent first class mail. Ms. White stated the violations are International
Property Maintenance Code, Sec. 302.4 Weeds; Sec. 304.15 Doors; Sec. 304.6 Exterior Walls
and Sec. 301.3 Vacant Structures and Land. Ms. White stated the property is overgrown; the
garage door is rotted on the bottom and needs to be repaired; there is some missing and rotted
siding; siding material that is not properly installed and the property has large amounts of debris
on the roof and in the yard.
Ms. White stated her inspection was prompted by a complaint; proper notice was achieved in
accordance with F.S. 162 by posting of the property; and she has spoken with someone in control
of the property, Tanya, an attorney representing the bank, on 8/29/13. Ms. White presented
photos of the property. Ms. White stated there is an attorney from the bank who would like to
address the Board. Ms. White submitted a letter she received from Mr. Dickie as Exhibit 1.
The witness came to the podium, stating her name, Larissa Bodniowycz, representing
Deutsche Bank National Trust Company. The witness stated this is the lender who holds the
mortgage on the property. She stated they are currently in the process of foreclosure proceedings
and anticipate having title to this property in the future. The witness stated she was here to ask
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for an extension until the bank does have title to the property, and at that point they would be
interested in taking whatever corrective action is necessary.
Ms. Harless asked the witness if she had a time frame of when they might get title to the property
and the witness stated no. The witness stated the bank is requesting a 90-day extension, but she
has no guarantee of how long it may take. Mr. Luthringer asked the witness where the
proceedings were at this point. The witness stated she was not the attorney for the underlying
proceedings, and she did not want to give an incorrect answer. Mr. Luthringer asked if they filed
defenses and the witness stated yes. Mr. Luthringer stated it would be at least a year. Discussion
ensued.
Ms. Harless asked the witness what she was asking of the Board and Ms. Bodniowycz stated a
90-day time frame. Mr. Luthringer stated he is under the presumption the 90-day request is for
them to get a property management company to come in and secure the property, make sure it is
maintained and do the repairs that need to be done and the witness agreed. Mr. de Luna
explained that the Board will find the property in violation, but will allow 90 days in which to
make the repairs and at the end of the 90th day the repairs should be complete. Mr. Ouellette
stated the yard needs to be maintained throughout the 90-day extension. The witness indicated
she understood.
Ms. White discussed accepting a 90 day time extension to continue to maintain the yard, clean
and mowed, and after 90 days let them come back and address the issues about the title, the
siding and the garage door. Ms. White stated the main thing at this point is to maintain the yard.
Discussion ensued. Ms. Harless asked Mr. Jensen if he had any recommendations due to the
lengthy time frame for the bank to take title. Mr. Jensen stated the Board only has to deal with
the property owner. He stated the bank does not own the property and the only evidence they
have in front of them is Ms. White's testimony; adding the letter from the property owner is not
sworn evidence. Ms. Harless asked Mr. Jensen if the Board finds the property owner in violation
and nothing is done by the 90th day what actions can the Board take. Mr. de Luna stated it
ultimately becomes a lien on the property and whoever owns the property at that stage will have
to deal with it. He further stated the Board is only dealing with the issue of the repairs on the
property.
MOTION: The Board finds the property owner in violation and orders that compliance be
achieved by maintaining the yard, clean and mowed, repair/replace siding as needed and
repair/replace rotting garage door by December 15, 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.
Moved by Luthringer, Seconded by de Luna
Ms. Harless asked Mr. Jensen for clarification regarding the time line of the Board Order and
when a Lis Pendis can be filed. Mr. Jensen stated they can be filed at any time. He explained
that if a Code Board Lien is filed before a foreclosure action is filed the bank would have to
name the City as a defendant and include us in the foreclosure proceedings. Discussion
continued. The witness came to the podium and stated the intention of the bank is to gain title to
the property and once they gain title they will take care of the property. She stated the bank
would hire a property management company or continue to use one that may have already been
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hired. The witness reiterated she is not promising the bank will have this in 90 days. The
witness stated she is here to request the 90-day extension so hopefully the homeowner and the
bank will work out who will be taking care of the issues.
Votes:
The motion was approved unanimously.
F. 1500 W. Park Terrace, Ossi Development Inc, Case#13-504
Ms. White presented the case, stating the violation is International Property Maintenance Code,
Sec. 302.4 Weeds, overgrown vacant lot; the Notice of Violation was sent on 6/21/13 and
7/23/13 and was received and signed for on 6/27/13 and 7/25/13; 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, Ben Ossi.
Staff recommends the Board find the property owner in violation for the time in violation and
now in compliance.
Ms. Harless asked Ms. White how much had accrued in fines. Ms. White stated nothing, as this
is the first time it has been brought before the Board. Mr. Luthringer asked if this is the same
situation as the case earlier in the meeting. Ms. White stated yes, explaining if the violation is
repeated she can send the property owner a Notice of Hearing and she does not have to go
through the process of the property being overgrown for 2 or 3 months. Ms. Harless stated Ms.
White is setting in place the steps for the next violation. Mr. de Luna asked if Ms. White was
withdrawing this. Ms. White stated no, this is one where she wants the Board to find the
property owner in violation for the time in violation and now in compliance.
MOTION: The Board adopts the staff recommendation.
Moved by Luthringer, Seconded by Hagist
The motion was approved unanimously.
Mr. Ouellette noted that a new person had entered the meeting while they were dealing with the
prior case, and he wondered if they may be present to speak to a case the Board has already dealt
with. Ms. Harless asked if they were here to speak about a violation and the woman replied yes,
she is Joan Miller from 429 Skate Road. Ms. Harless asked Mr. Jensen how to proceed, as the
Board had already found the case in violation. Mr. Jensen stated it was the Board's decision. He
stated if the Board chooses to re-open the case they can take the testimony.
Ms. Harless explained to Ms. Miller the Board's findings of violation. Ms. Harless asked the
witness to come to the podium to be sworn in. Ms. Harless administered the oath and asked the
witness to please state her name and address. The witness stated Joan Miller, Atlantic Beach,
FL. Ms. Miller stated she has taken the tarp off of the roof and it only has 2 small leaks. Ms.
Harless asked if the roof had been repaired and the witness stated she was waiting for some
money from the insurance company, but she had removed the tarp. Ms. Harless asked Ms. White
if she had any comments and Ms. White stated Ms. Miller had come in to see her and Ms. White
gave her a brochure from Habitat to call and try to receive some assistance. Ms. Miller stated
she had called them and they did not return her call. Ms. White suggested she try again, as they
may offer assistance. Mr. Luthringer explained the urgency for Ms. Miller to get the roof
repaired before the violations begin to accrue on 11/1/13 and her obligation to call the Code
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Enforcement Officer once she is in compliance. Ms. Miller stated she understood she needed to
repair the roof.
G. 1365 Violet Street, Federal National Mortgage Association, #13-546
Ms. White presented the case, stating the Notice of Violation was sent on 7/10/13 and was
received/signed for on 7/15/13. Ms. White stated the original violation was International
Property Maintenance Code, Sec. 302.4 Weeds and the City Ordinance, Sec. 24-157. Fences,
walls and similar structures; 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, realtor Winn Hibberts.
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.
Moved by Luthringer, Seconded by Hagist
The motion was approved unanimously.
3. Miscellaneous Business
None
4. Adjournment
There being no further discussion,the meeting adjourned at 6:57 p.m.
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