Agenda Packet 11-1-12 Special Called.pdfCITY OF ATLANTIC BEACH
SPECIAL CALLER MEETING
COKE ENFORCEMENT BOARD AGENDA
6:00 P.M., NOVEMBER 1, 2012
Call to Order
Pledge of Allegiance to the Flag
Roll Call
1. Approval of the Minutes of the Regular Meeting held on July 10, 2012.
2. Administration of Oath to Defendants/Witnesses.
3. Old Business:
None
4. New Business:
A. 700 Bonita Road, Stephanie A. Hezel, Police Case #12- 14547: Atlantic Beach
City Code, Chapter 4, See. 4 -10 Dangerous Dog.
B. 330 Magnolia Road, Suzanne Leviseur and Cecilia Babillis, Police Case #12-
17084: Atlantic Beach City Code, Chapter 4, See. 4 -10 Dangerous Dog.
C. 330 Magnolia Road, Suzanne Leviseur and Cecilia Babillis, Police Case 12-
17085: Atlantic Beach City Code, Chapter 4, See. 4 -10 Dangerous Dog.
D. 330 Magnolia Road, Suzanne Leviseur and Cecilia Babillis, Police Case #12-
17086: Atlantic Beach City Code, Chapter 4, See. 4 -10 Dangerous Dog.
5. Miscellaneous Business
None
6. Adjournment
DRAFT
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CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. â July 10, 2012
IN ATTENDANCE:
Veda Harless, Chair
Juliette Hagist
Ian Luthringel
Nicholas Dodaro (Arrived at 6:09)
Richard Ouellette
Benjamin de Luna, Alternate
ABSENT:
Barbara Weiss (Excused)
Dayna Williams, Secretary
Alan Jensen, City Attorney
Kathy Stiles, Code Enforcement Officer
Mike Griffin, Building and Zoning Director
Chair Veda Harless called the meeting to order at 6:02 p.m., followed by the Pledge of
Allegiance to the Flag.
Roll Ca11
Roll call was taken out of sequence and acted on later in the meeting.
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 Minutes
Motion: Approve minutes of the Special Called Code Enforcement Board meeting of June
20, 2012.
Moved by Luthringer, Seconded by Hagist
The motion was approved unanimously.
2. Administration of Oath to' Defendants/Witnesses
This itern was taken out of sequence and acted on earlier in the meeting.
Roll call was taken out of sequence and acted on at this time.
Secretary Dayna Williams read the roll, finding a quorum was present.
3. Old Business:
A. 995 Camelia Street, Patricia J. Pillmore, Case 44012: Atlantic Beach City Code,
Section 22 -74 (a) Installation of toiletf kilities required: connection of facilities
to public seiver.
Officer Kathy Stiles presented the case. She stated ownership of the property was determined by
Duval County Property Appraiser's website and her inspection was prompted by Public lJtilities.
She stated Donna Kaluzniak notified us, proper notice was achieved in accordance wvith Florida
Statute 162 by Certified Mail and she has not spoken with someone in control of the property.
She stated the City has a mandatory Ordinance to connect to the public sewer and this case was
deferred after the previous meeting in order for staff to review the mandatory connection
requirements. Ms. Stiles stated Donna Kaluzniak is present to answer any questions.
Chair Harless asked Ms. Kaluzniak to state her name and her position. The witness stated
Donna Kaluzniak, the Utility Director for the City of Atlantic Beach. Ms. Kaluzniak stated
there is a second Ordinance that pertains to this case, Ordinance 22 -171. She stated in 2008 the
City revised their system development charges, which are basically impact fees. Ms. Kaluzniak
stated the sewer impact fee increased from $1,250 to $4,050. She stated the Commission
allowed residents to pay those fees in advance of the effective date, which was December 1,
2008, at the lower rate. She added, if they did pay in advance, their connection deadline went
from one year after the end of the assessment to the date of the end of the assessment, which
basically meant they had to connect a year earlier, but they got the lower rate for the impact fees.
Ms. Kaluzniak cited Ordinance Section 22 -171 which pertains to this case. She stated we have
the receipt in the City system where the fee was paid at $1,250 on October 8, 2008 in advance of
the December 1, 2008 deadline. Ms. Kaluzuniak stated this is the reason for the deadline being
November 2011 versus November 2012.
Chair Harless asked Ms. Kaluzniak who paid the fee and Ms. Kaluzniak stated it was Ms.
Pillmore, the owner of the property. Chair Harless reiterated that Ms. Pillmore had paid the fee
but had not yet connected. Ms. Kaluzniak confirmed that was correct. Ms. Hagist asked since
Ms. Pillmore paid the fee would the $100 a day fine still pass to her since she has not connected.
City Attorney Alan Jensen stated the violation being brought before the Board is that she has not
connected. Mr. Jensen stated she paid the City fee and she needs to pay a private plumber to
connect, which she has not done. Ms. Hagist asked if that means the fine still holds. Mr. Jensen
stated we have not imposed a fine yet, it was deferred to this meeting. Ms. Hagist asked if we
would still do that and Mr. Jensen said that is the decision being brought to the Board.
Board member, Nicholas Dodaro, arrived at the meeting at this time, 6:09 p.m. Mr. Dodaro
stated he had been held up in traffic.
Chair Harless asked Ms. Hagist if that answered her question, that Ms. Pillmore may still be held
in violation even though she has paid the City fee because she has not connected. Mr. Luthringer
wanted to clarify for the record. Mr. Luthringer reiterated the City imposed an assessment that
had to be paid by every land owner when the City upgraded the sewer systems. Mr. Luthringer
stated Ms. Pillmore chose to pay it early, prior to said date, which allowed her to get a reduced
fee amount. He stated by paying the reduced fee amount, her deadline to connect was shorter.
Mr. Luthringer stated the deadline was November 2011 as opposed to November 2012 because
she paid the reduced fee amount. He stated this is the issue the Board was trying to determine at
the last meeting; whether Ms. Pillmore still had time to pay these fees and connect, or is she past
the deadline. Mr. Luthringer stated since she paid the reduced amount, she fell under the shorter
period of time to connect, which she has not done, so we are left with an open violation that she
should have connected by November 2011.
Motion: The Board finds the property owner in violation and orders that compliance be
obtained on or before December 10, 2012 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 Ouellette
Draft Minutes of the Code Enforcement Board on July 10, 2012 Page 2 of 5
Mr. de Luna asked Ms. Kaluzniak the Code Section she was citing. Ms. Kaluznialc stated the
Ordinance the Commission passed when they changed the fees is under Section 22 -171. Mr. de
Luna asked what Section was cited in the notice sent to the owner on Camelia Street. Ms. Stiles
stated Section 22 -74. Mr. de Luna asked if it cited Section 22 -171 and Ms. Stiles stated no.
Chair Harless asked Ms. Stiles if she had any correspondence with the property owner since our
last meeting. Ms. Stiles stated she sent Ms. Pillmore another Notice of Hearing which Ms.
Pillmore signed for, but Ms. Pillmore never called or contacted her.
Mr. de Luna asked Ms. Kaluznialc if she read Section 22 -171 to amend Section 22 -74. Ms.
Kaluzniak stated she was unsure if it would be an amendment. She stated if the owner did not
pay in advance they would have to pay the higher fee of $4,050, but they would have an extra
year to connect. She stated by giving them a break on the price it encouraged them to connect
early. Mr. de Luna stated his main concern is for notice purposes, if the individual reads 22 -74 it
would indicate to that person they would not be in violation until November 2012. He asked
when they paid this amount was there a notice given to them that this shortened the deadline.
Ms. Kaluzniak stated she believed the people who paid early received letters with their deadline
of November 2011. Mr. Luthringer stated, even if not, we do have 22 -171 which is a public
record just like 22 -74. Mr. Luthringer stated Ms. Pillmore tools advantage of the reduced fee,
and if she did not know what she was doing, ignorance of the law is not an excuse, so she is still
bound to 22 -171 and the reduced period of time to connect.
Chair Harless stated because Ms. Pillmore paid early she should have connected by November
2011. Chair Harless stated regardless if we allowed any leniency Ms. Pillmore has to connect by
November 2012. Chair Harless stated our motion is being even more generous by giving Ms.
Pillmore additional time until December 10, 2012. Mr.Luthringer reiterated that ultimately Ms.
Pillmore is getting the longer period of time anyway. Mr. de Luna stated his concern was about
due process. Mr. de Luna stated it was difficult for people if they do not have a Section cited to
them that they violated. Mr. de Luna stated the notice given to Ms. Pillmore only reads Section
22 -74, it does not read 22 -171. Discussion ensued. Chair Harless asked Mr. Griffin if our letters
included a copy of both Sections. Mr. Griffin stated no. Mr. Griffin stated we decided the 22-
74(a) which states that connection is mandatory within a certain time frame when the public
sewer is available, and they were in violation. Discussion ensued. Mr. Luthringer stated he felt
we should move to a vote. Mr. Ouellette asked for a re -read of the motion and Mr. Luthringer
complied.
Votes:
Aye: - 4 â Ouellette, Luthringer, Harless, Dodaro
Nay: - 2 â Hagist, de Luna
MOTION CARRIED
4. New Business:
A. 1917 Mealy Street, Michael A. Zimmer, ET AL, Case #11212: violation of
International Property Maintenance Code, See. 302.4 Weeds.
Officer Kathy Stiles presented the case. She stated property ownership was determined by Duval
County Property Appraiser's website, her inspection was prompted by a routine survey, proper
notice was achieved in accordance with Florida Statute 162 by Posting of the Property and she
has not spoken with someone in control of the property. She presented photos of the property
taken on April 9, 2012 and April 15, 2012 showing the grass was extremely high. Ms. Stiles
Draft Minutes of the Code Enforcement Board on July 10, 2012 Page 3 of 5
presented another photo taken July 10, 2012 showing the grass was still extremely high and
overgrown. Ms. Stiles stated they have moved out of town and she cannot get in touch with
them. She stated they signed for the first Notice of Violation, but they did not sign for the Notice
of Hearing so she Posted the Property for the Notice of Hearing. Chair Harless asked if they just
left the property or if the property was in foreclosure. Ms. Stiles stated she spoke with the
neighbors and was told they left several months ago and are living in Tennessee. Ms. Stiles
stated the property was not in foreclosure.
Ms. Stiles reported staff recommends the Board find the property owner in violation and order
that compliance be obtained by cutting the grass and maintaining it on or before August 10, 2012
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 the 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. Hagist asked if we had a regulation for a situation like this where people are gone and there
is no one to take care of the property. Ms. Hagist asked if the City could cut the grass and charge
a fee for maintenance. Mr. Griffin stated the City did do that for a while until the funding ran
out. He stated a couple of years ago the City Commission discontinued funding for that program
due to the high cost and the difficulty in recouping those costs. Ms. Hagist asked if the grass or
property maintenance would just continue to go unattended. Mr. Griffin explained the fine
would get to a certain amount and then we would place a lien against the property. He stated it is
property abandonment and unfair for the neighbors to have to put up with. Mr. de Luna asked
Ms. Stiles to repeat the compliance date she wanted. Ms. Stiles stated August 10, 2012.
Motion: The Board finds the property owner in violation and orders that compliance be
obtained on or before August 10, 2012 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 de Luna, Seconded by Hagist
Mr. Ouellette asked if the house is unoccupied or is it a leased property. Ms. Stiles stated there is
no one living there and it is not a leased property. Mr. de Luna stated the photo shows what
appears to be a new fence on the property. Ms. Stiles stated there was someone living there last
year at this time.
The motion was approved unanimously.
B. 451 Camelia Street, Thomas John O'Connell, Case #38712: violation of Atlantic
Beach City Code, Sec. 24- 157(e) Maintenance of Fences; and International Property
Maintenance Code, Sec. 304.6 Exterior Walls.
Officer Kathy Stiles presented the case. She stated ownership of the property was determined by
Duval County Property Appraiser's website, her inspection was prompted by a complaint, proper
notice was achieved in accordance with Florida Statute 162 by Posting of the Property and she
has not spoken with someone in control of the property. Ms. Stiles presented photos of the
property showing the entire front of the house covered with vegetation, even under the eaves.
Draft Minutes of the Code Enforcement Board on July 10, 2012 Page 4 of 5
She stated the fences are overtaken by vegetation and starting to lean. Ms. Stiles stated she
posted the property on the May 22, 2012. She presented photos of the property taken June 15,
2012 and July 10, 2012 in the same condition. Ms. Stiles stated she has never spoken with the
property owner but has spoken to the neighbors. She stated no one is living there, but it appears
someone cuts the grass.
Mr. Luthringer asked if there was any provision to define decorative growth such as vines. Ms.
Stiles stated it can cause decay of the building and it is also causing problems for the neighbors.
She stated this property is a duplex so the houses are together and there are insects and rodents.
Mr. de Luna asked if there were holes throughout the walls. Ms. Stiles stated she could not see,
as it is completely covered.
Motion: The Board finds the property owner in violation and orders that compliance be
obtained on or before August 1, 2012 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 prosecutinL' this case. The
property owner is responsible for contacting the City Code Enforcement Officer and
obtaininIZ an inspection of compliance.
Moved by Dodaro, Seconded by Luthringer
The motion was approved unanimously.
4. Miscellaneous Business
Mr. Griffin announced Kathy Stiles would be leaving us and this is her last Code Enforcement
meeting. He stated she had accepted a position in Palm Beach Gardens and would be leaving in
about a week. Mr. Griffin expressed his appreciation for the service she has provided and stated
we are sorry to see her go. Chair Harless thanked Ms. Stiles and said she will be greatly missed.
All Board members expressed their thanks and wished Ms. Stiles luck on her new venture.
5. Adjournment
There being no further discussion, the meeting adjourned at 6:35 p.m.
Veda Harless, Chair
Dayna L. Williams, Secretary
Draft Minutes of the Code Enforcement Board on July 10, 2012 Page 5 of 5