Agenda Packet 3-13-2012 CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD AGENDA
6:00 P.M., MARCH 13, 2012
Call to Order
Pledge of Allegiance to the Flag
Roll Call
1. Approval of the Minutes of the Regular Meeting held on January 10, 2012.
2. Administration of Oath to Defendants/Witnesses.
3. Old Business:
A. Sonja Gross request for reduction of fine.
331 Seminole Road, Sonja Gross, Case #63210: violation of International
Property Maintenance Code adopted, Chapter 3, Sec. 307.1 Accumulation of
rubbish or garbage.
4. New Business:
A. 735 Bonita Road, Kimberly Peters, Case #53611: Atlantic Beach City Code,
Chapter 24, Sec. 24 -173 (b) 1 & 5 Neighborhood preservation and property
maintenance standards- Appropriate maintenance and upkeep.
B. 945 Plaza Drive, Bobby L. Knight, Case #1312: violation of International
Property Maintenance Code adopted, Section 302.8 Motor Vehicles; and
Atlantic Beach City Code, Chapter 24, Sec. 24 -173 (b) 1 & 5 Neighborhood
preservation and property maintenance standards- Appropriate maintenance and
upkeep.
5. Miscellaneous Business
6. Adjournment
CITY cAAAEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. — January 10, 2012
IN ATTENDANCE:
Ray Martin, Chairman
Veda Harless, Vice Chair
Ian Luthringer Kathy Stiles, Code Enforcement Officer
Juliette Hagist Mike Griffin, Building Official
Richard Ouellette Dayna Williams, Secretary
Barbara Weiss Alan Jensen, City Attorney
Nicholas Dodaro Donna Bartle, City Clerk
Benjamin de Luna, Alternate
Chairman Ray Martin called the meeting to order at 6:00 p.m., followed by the Pledge of
Allegiance to the Flag by all present.
1. Approval of Minutes
Motion: Approve minutes of the Code Enforcement Board meeting of September 13, 2011.
Moved by Ouellette, Seconded by Luthringer
The motion was approved unanimously.
Chairman Martin reminded members of the Board to turn on their microphones when speaking
so their comments can be properly recorded.
Item 3 was taken out of sequence and acted on at this time.
Chairman Martin asked if there is any old business to come before the Board. As there were no
issues to discuss the meeting proceeded.
2. Administration of Oath to Defendants/Witnesses
Chairman Martin gave the oath to the defendants and witnesses.
3. Old Business
None
This item was taken out of sequence and acted on earlier in the meeting.
4. New Business
Chairman Martin reminded members of the Board to allow Code Enforcement Officer Kathy
Stiles to go through her entire presentation before they ask to be recognized with any follow up
questions.
A. 421 Sargo Road, Walter L. Barnes, Case #76611: violation of International
Property Maintenance Code adopted, Section 304.7 Roofs and Drainage; and
Section 302.8 Motor Vehicles.
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 complaint, proper notice
was achieved in accordance with Florida Statute 162 by Certified Mail, and she has spoken with
someone in control of the property. She showed photos of the house that were taken January 9,
2012. She explained the house has holes in the soffit, fascia and roof. She stated the car in the
driveway has been removed bringing that violation into compliance, but nothing else has been
done and the roof, soffit and fascia are still the same.
She reported that staff recommends the Board find the property owner in violation and order that
compliance be obtained by repairing the roof, soffit and fascia on or before February 13, 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.
Eugenio Cruz arrived at the meeting at 6:07 p.m. and was recognized by Chairman Martin. It
was decided that he would be sworn in before he testified in his upcoming case.
Ms. Weiss asked when the property owner was notified of the violations. Ms. Stiles stated he
signed for it on November 4, 2011. Mr. Ouellette asked if she had spoken with the owner. She
responded that she had, stating he lives out of town and his plans are to demo the property. Mr.
Luthringer asked if we knew if it was in foreclosure and Ms. Stiles answered it was not. Ms.
Harless asked if it was occupied and if he had given her a time frame for the demolition and how
their last conversation ended. Ms. Stiles stated it was not occupied, he has not been able to have
it taken care of, he wants an extension and no time frame was given. Mr. Luthringer asked how
long he had owned the property and when he took title. Ms, Stiles explained it had been two or
three years, his father passed away and he inherited it. Ms. Harless asked for an explanation of
the law pertaining to a house that is unoccupied. Ms. Stiles explained that you still have the
responsibility to keep the property maintained. Ms. Harless asked for an explanation of the
process if we do not issue violations do we condemn the property. Building Official Mike
Griffin addressed the issue stating the property was currently in disrepair and does not need to be
demolished because it is structurally sound. He explained we are giving them the opportunity to
make repairs to the property with the minimum requirements to the fascia, roof and soffit. He
further explained that if they demo the property, they will obtain compliance. He reported that
the property is not deteriorated to the point we could condemn it, but since the roof is open and
water can get in, we are probably a few months away from actually being able to.
Chairman Martin asked Ms. Stiles when she received the complaint regarding this property. She
stated October 25, 2011; however, we have been here before about a year ago. Ms. Hagist asked
what she recommended that we do. Ms. Stiles stated she recommends that we find him in
violation and that repairs to the roof, soffit and fascia be made on or before February 13, 2012 or
the aforementioned fines will be imposed. Ms. Hagist inquired whether he was aware of this and
Ms. Stiles stated he had been notified before and signed the Notice of Hearing for this meeting.
Discussion ensued regarding the same issue a year earlier. Mr. Luthringer asked if we knew
whether the property taxes were current. Ms. Stiles said she did not know for certain.
Motion: The Board finds the property owner in violation and orders that compliance be
obtained by repairing the roof, soffit & fascia on or before February 13, 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
Draft Minutes of the Code Enforcement Board on January 10, 2012 Page 2 of 6
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.
The motion was approved unanimously.
Chairman Martin administered the oath to Mr. Eugenio Cruz at this time. Mr. Martin explained
that the oath was generally given prior to the start of the meeting and he wanted this opportunity
to swear in Mr. Cruz and bring him up to speed.
B. 777 Vecuna Road, Eugenio Cruz, Case #58211: violation of International
Property Maintenance Code adopted, Section 304.7 Roofs and Drainage.
Officer Stiles presented the case stating property ownership was determined by Duval County
Property Appraiser's website, and her inspection was prompted by a city survey. She explained
notice was delivered by First Class Mail and we will need the defendant to verify that he
received the notice of violation, stating she has spoken with him. Photos were presented from
December 30, 2011 and January 9, 2012 showing a small section of the soffit and fascia in need
of repair.
She reported that staff recommends the Board find the property owner in violation and order that
compliance be obtained by repairing the soffit and fascia on or before February 13, 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.
Mr. Dodaro asked how she became aware of this property. Ms. Stiles stated it was from a drive
around survey. Mr. Ouellette inquired what constitutes a fence violation. Ms. Stiles stated he
wasn't found in violation of the fence.
Respondent Eugenio Cruz stated that Ms. Stiles was right and explained his dilemma regarding
his financial issues with the bank. He stated that this property is in foreclosure and he had a
recording of Ms. Melanie asking him for a transcript of his pay stubs and tax filing for the bank,
but the transcript he provided was insufficient. Mr. Luthringer asked who Melanie was. Mr.
Cruz answered she is with Wells Fargo Bank. He then asked if he was trying to do a short sale
or a loan modification. Mr. Cruz answered no, he wants to keep his property. Mr. Cruz stated
that he had all the supplies to do the repairs, but was waiting for a resolution from the bank
because he did not want to make a lot of repairs if he ended up not owning the house. Mr.
Luthringer inquired if a permit was necessary to replace the fascia, and if not, Mr. Cruz already
had all the materials to fix the fascia and soffit so he could make the necessary repairs. Mr. Cruz
replied that he did not want to do an incomplete job, as he had other repairs that he also wished
to do. Chairman Martin stated the issue doesn't relate to that, explaining the issue relates to the
fascia being in violation. He explained to Mr. Cruz that he understands that he wants to do all of
Draft Minutes of the Code Enforcement Board on January 10, 2012 Page 3 of 6
this stuff to bring it up current, but what is being suggested is to do what you have to do to come
into compliance and worry about the rest of the stuff at a later point so we can move on from
this. He further explained the Board is encouraging you to make the repairs or we are going to
impose a fine which is going to accumulate and add to the other issues you are trying to wrap up.
Mr. Cruz apologized and said he would take care of it over the upcoming holiday weekend.
Motion: The Board finds the property owner in violation and orders that compliance be
obtained by repairing the soffit and fascia on or before February 13, 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 Hagist.
Mr. Ouellette suggested giving an additional week to February 20, 2012 to allow Mr. Cruz ample
time to fix this before he calls Ms. Stiles back. Mr. Luthringer interjected that Mr. Cruz stated he
could get it done this weekend. Mr. Cruz agreed, but the extension of time would be helpful due
to the distance he has to travel. Chairman Martin asked if'he resided at this property. Mr. Cruz
said that his son and daughter lived there. Mr. Martin asked him to state, for the record, his
residential address. Mr. Cruz stated 10599 Noel Road in Glen St. Mary. Mr. Luthringer asked
Mr. Cruz if he received the Notice of Hearing at this address, or how did he receive the notice.
Mr. Cruz replied that he had a P.O. Box 1778 in Glen St. Mary, and confirmed that he did
receive the notice and as soon as he received it he called.
Amended Motion: Amend the motion by extending the date for one more week to
February 20, 2012 in place of February 13, 2012.
Moved by Luthringer, Seconded by Hagist.
The motion was approved unanimously.
Chairman Martin explained to Mr. Cruz that he had until February 20, 2012 to make the
necessary repairs to bring it into compliance and if you don't accomplish it by that day, then this
fine we have imposed will start running. He further explained that once you have repaired it, it is
your obligation to contact Ms. Stiles and have her come and inspect it. Mr. Cruz acknowledged
that he understood.
Mr. Dodaro stated that he believed we seconded and approved the amendment without voting on
the original motion. Chairman Martin responded that he thought he just restated his motion and
we then seconded the restated motion.
C. 825 Sherry Drive, Kevin and Lizzie Byrnes, Case #14211: violation of
International Property Maintenance Code adopted, Section 304.2 Protective
treatment.
Draft Minutes of the Code Enforcement Board on January 10, 2012 Page 4 of 6
° Officer Stiles explained the defendant was present at the beginning of the meeting and then left.
She explained Ms. Byrnes stated she did not receive the violation notice, so we will table it and
start over. Chairman Martin agreed. Mr. Ouellette questioned if we ask for a receipt when we
send a notice of violation. Ms. Stiles stated the original notice she sends is First Class mail and
if they do not comply with what is asked they send Certified Mail. She further stated if they still
do not comply we send them a Notice of Hearing. Mr. Martin affirmed that we know the
defendant did not receive the notice because she informed us at tonight's meeting.
D. 1810 Park Street, Dutton Island LLC, Case #58911: violation of International
Property Maintenance Code adopted, Section 304.2 Protective Treatment;
Section 304.7 Roofs and Drainage; and Section 302.7 Accessory Structures.
Officer Stiles presented the case stating property ownership was determined by Duval County
Property Appraiser's website, her inspection was prompted by a city survey, proper notice was
achieved in accordance with Florida Statute 162 by Certified Mail, and she has spoken with
someone in control of the property. She showed slides of the property stating the house has been
vacant for quite some time and is in major disrepair. She explained there are holes in the roof,
soffit and fascia and the fence is in need of repair and painting.
She reported that staff recommends the Board find the property owner in violation and order that
compliance be obtained by repairing the roof, soffit & fascia, repairing and painting the
fence on or before February 13, 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.
Mr. Luthringer inquired if the property is owned by a business or is an investment property for a
business. Officer Stiles stated the person she has spoken with is aware of the disrepair of the
property and plans to take it down. Ms. Harless asked if there was a time frame for this
demolition and Officer Stiles replied she was told by the end of January. She stated she told him
she would still have to take him to the Code Enforcement Board and he said he understood. Ms.
Harless reiterated that the house would be demolished by the end of January and asked if the
fence would be included with that. Officer Stiles replied that it would all go. Discussion ensued
regarding whether he would have to pull a permit to demo the house. Officer Stiles stated he did
need a permit and has not pulled one yet.
Motion: The Board finds the property owner in violation and orders that compliance be
obtained by repairing the roof, soffit, fascia and repairing and painting the fence on or
before February 13, 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.
Draft Minutes of the Code Enforcement Board on January 10, 2012 Page 5 of 6
Moved by Luthringer, Seconded by Weiss.
The motion was approved unanimously.
5. Miscellaneous Business
Chairman Martin reported on the Ordinance passed last week on the second reading by the City
Commission defining the role of the Code Enforcement Board by tracking the Florida Statute
that the Board operated under. He explained it just put it into a format where it is more
explanative. Mr. Griffin explained that the Ordinance has been amended to add to Sec.2 -147.3
Rehearing Section, stating that an aggrieved party, including the City of Atlantic Beach, may
request a rehearing of the initial order of the Board. He explained that when the Code
Enforcement Officer goes out for her final inspection and finds they are not in compliance and
the respondent states they are in compliance, this gives the respondent the ability to come back
before the Board. He further explained when the Code Enforcement Officer does her final
inspection she will send a notice giving them ten days to request an appeal for a rehearing.
Chairman Martin suggested that if there were any further questions, they could contact Mr.
Griffin directly.
Ms. Harless requested clarification on Sec. 2 -141 in regards to how Board members were
appointed. Mr. Griffin stated no changes were made to that section, explaining all Board
members are appointed by the Mayor and approved by the City Commission.
Ms. Harless discussed how she would like to go paperless and utilize the interne for all further
correspondence, questions, or updates to the code. She asked if she could find the Code
Enforcement Manual online. City Clerk Donna Bartle said the manual was not online, but the
Code of Ordinances is on Municode. Discussion ensued and Ms. Bartle stated she would send
them links to Municode and scan the International Property Maintenance Code 2009 Edition in
PDF form.
6. Adjournment
There being no further discussion, the meeting adjourned at 6:53 p.m.
Ray Martin, Chairman
Dayna L. Williams, Secretary
Draft Minutes of the Code Enforcement Board on January 10, 2012 Page 6 of 6