Agenda Packet 4-17-2012 CITY OF ATLANTIC BEACH
SPECIAL CALLED MEETING
CODE ENFORCEMENT BOARD AGENDA
6:00 P.M., APRIL 17, 2012
Call to Order
Pledge of Allegiance to the Flag
Roll Call
1. Approval of the Minutes of the Regular Meeting held on March 13, 2012.
2. Administration of Oath to Defendants/Witnesses.
3. New Business:
A. 579 Cruiser Lane, Kimberly Olson, Police Case #12- 01837: Atlantic Beach City
Code, Chapter 4, Sec. 4 -10 Dangerous Dog.
4. Miscellaneous Business:
A. Election of Officers
5. Adjournment
CITY (DF1BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. — March 13, 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
Benjamin de Luna, Alternate
ABSENT:
Nicholas Dodaro (Excused)
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.
Secretary Dayna Williams read the roll, finding a quorum was present.
Item 2 was taken out of sequence and acted on at this time.
Chairman Martin gave the oath to the defendants and witnesses.
Chairman Martin announced that yesterday he submitted his resignation from the Board and
Chair to Mayor Mike Borno effective tomorrow morning so he would have the pleasure and fun
of one last meeting on the Board and also to offer some comfort to Vice Chair Veda Harless,
who will be moving into his place. Chairman Martin stated he had spoken briefly that morning
with City Attorney Alan Jensen as to the appropriate procedure for re- electing officers. Mr.
Martin explained that it was still up in the air as to the correct process we should follow and then
turned the meeting over to Vice Chair Veda Harless. Mr. Martin reiterated to the Board the
importance of first being recognized before you speak and when you speak you speak into the
microphone, which you have turned on.
Vice Chair Veda Harless thanked everyone for their patience and, most importantly, thanked Mr.
Martin for doing such a great job for his service to the City of Atlantic Beach. Ms. Harless
stated that it had been quite a while since she has facilitated a meeting and she would do her best
to stay with protocol as best as possible.
1. Approval of Minutes
Motion: Approve minutes of the Code Enforcement Board meeting of March 13, 2012.
Moved by Luthringer, Seconded by Hagist
The motion was approved unanimously.
2. Administration of Oath to Defendants/Witnesses
This item was taken out of sequence and acted on earlier in the meeting.
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.
Code Enforcement Officer Kathy Stiles stated the Board found Sonja Gross, owner of the
property at 331 Seminole Road in violation on July 12, 2011. She presented a picture from
November 10, 2011 showing the property still in violation on that date. She then presented a
picture from today, March 13, 2012, showing that the violation has been corrected and is now in
compliance. Ms. Stiles turned the case over to Building Official Mike Griffin. Mr. Griffin
announced there was a representative for the property owner at the meeting. Vice Chair Harless
requested that she step forward and state her name. Realtor Margaret Sherrill, introduced
herself and thanked the Board for letting her speak on behalf of the property owner, Sonja Gross.
Ms. Sherrill stated the property is for sale and she is the current listing agent. She stated it is a
short sale and the seller vacated the property four years ago. She explained Ms. Gross went
through a bankruptcy proceeding about two years ago and believed at that time she no longer
owned this property. Ms. Sherrill stated Ms. Gross did not find out she owned the property until
this past December when Bank of America contacted her as the owner of the property and
offered to do a cooperative short sale with her. Ms. Sherrill stated she has had offers on the
property and has a buyer in place that Bank of America accepted; except that in the Title search
she found some discrepancies, one of them being the lien from the City of Atlantic Beach. When
she pulled the title search it showed the lien which was recorded for an amount of $2,653.16 on
September 11, 2009. She explained she padded the amount to $3,653.16 in the offer she gave to
the bank and got an approval from Bank of America. She further explained that coincidentally
Ms. Stiles called her that same day to inform her of the rolling violation of $100.00 per day, and
the fine to date is over $25,000. Ms. Sherrill said she was hoping to appeal to the Board to see if
they could get a reduction of that fine to allow her to close the property with the current buyers.
She elaborated on the problems involved if she cannot get it closed by getting some resolution on
the lien the lender will allow, explaining the property will go into foreclosure which will leave
another vacant property for a year and a half to two years. Ms. Sherrill expressed hope the Board
would come to a fixed number that she could give to the bank that they would accept.
Vice Chair Harless requested clarification from City Attorney Alan Jensen whether they could
modify the fine. Mr. Jensen answered that they can. Ms. Harless asked what the total fine was
as of today. Mr. Griffin responded that it was $25,637.65, not including administrative costs,
which would add another $1,000. Mr. Martin asked Ms. Sherrill what Bank of America would
realize out of this sale. Discussion ensued regarding the financial details and negotiations. Ms.
Sherrill summed up that the bank had agreed to take a deficiency on the property and they had
allowed another $6000.00 to another lien they had found on the property; therefore, the
approximate net amount they would receive is approximately $85,000. Further discussion
ensued. Ms. Harless asked Ms. Stiles if she had any recommendations. Ms. Stiles deferred to
Mr. Griffin who explained this was an unusual situation where a bank has a real estate agent
come in with an offer for the property that will cause the property to be occupied if we reduce
the fine. He added, without reduction of the fine, the property may remain unoccupied for quite
some time. Ms. Harless asked if our contact had been solely on record with the property owner,
or was Bank of America also notified. Ms. Stiles responded that she had notified the property
owner who did not want to do anything. Ms. Sherrill interjected that she may be able to answer
that, as she had pulled the minutes from the last time this property was discussed. Ms. Sherrill
Draft Minutes of the Code Enforcement Board on March 13, 2012 Page 2 of 6
believed it was the meeting prior to the January 10, 2012 meeting. She further explained that at
the prior meeting the Board discussed whether or not there was a lender who needed to be
notified. She stated that Mr. Jensen reported the property was not in foreclosure in the minutes
of that meeting and the appropriate course would be to continue to pursue action through the
owner. Mr. Luthringer inquired how long it had been in default. Ms. Sherrill stated that Ms.
Gross had not made a mortgage payment in four years. Mr. Luthringer noted that the bank was
aware of the default. Ms. Sherrill confirmed the bank was aware and had also been out to the
property on a monthly basis, as best she could tell, for at least the past year. She claimed that as
the bank is not the owner of the property, they cannot do anything to the property. Mr.
Luthringer inquired if they had been keeping up property taxes and insurance and Ms. Sherrill
indicated they had. She further noted that the title search revealed several different liens against
the property. Mr. Luthringer asked if those liens were going to be paid off out of the proceeds.
Ms. Sherrill stated the seller gets no proceeds, but she did not elaborate on the other liens
receiving proceeds. Ms. Harless re- capped the issues discussed thus far, and questioned if Bank
of America was unwilling to pay more than $3,500 of the $25,000 Code Enforcement fine. Ms.
Sherrill stated she was willing to take any offers proposed and is looking for a solution to help
have a property occupied and back in the condition it needs to be.
Mr. Luthringer asked Mr. Jensen if it was correct that a code enforcement lien, unlike a property
tax lien, is not superior to a purchase money mortgage. Mr. Jensen said that was correct. Mr.
Luthringer stated it is in our best interest not to have this go to foreclosure, as it will wipe out our
lien and we will get nothing. Mr. Jensen stated it depends on what the sale of the property was
and further stated that he had some basic concerns. Mr. Jensen stated it was important to get a
lot more documentation before any action was taken. Mr. Luthringer asked if we could reserve
ruling and Mr. Jensen said yes, and further explained that when the mortgage company is
checking a property on a monthly basis, they are charging a fee for that. He stated they
apparently were checking it for a long time when it was not in compliance and did nothing about
it. He said they have the right to protect and preserve their property under the mortgage, but they
chose not to do that. Discussion ensued. Ms. Harless added that the fines had stopped as of
today because they have come into compliance. Mr. De Luna expressed concern that we should
have more documentation to review the entire package before making a decision. Ms. Harless
asked Mr. Jensen what documents he recommends we have prior to making any type of motion
on this request. Mr. Jensen advised that we have the title search and any back up documents that
came with the title search and we should also have the liens that are recorded, the mortgage, the
contract for the sale of the property, tax records to show the assessed values and, basically, the
entire package necessary to close this transaction.
Motion: The Board requests such documents from the prospective purchaser and that we
agree to reduce the lien to $15,000 contingent upon those documents accurately reflecting
the representations of the Bank and the Parties and, if they do, and Ms. Sherrill provides
an approval for that amount to be paid off, then we accept that amount to extinguish the
lien and that be the end of it. Then we can actually give Ms. Sherrill a number, let her get
approval for the number, provide the documents that support it and then we can wrap it
up next time without further delay.
Moved by Luthringer, Seconded by Martin
Mr. Ouellette suggested having the documents delivered and reviewed by Mr. Jensen before
making a decision on this since there is no rush because the fines have stopped. Ms. Sherrill
Draft Minutes of the Code Enforcement Board on March 13, 2012 Page 3 of 6
explained that she does have a time constraint in dealing with the bank before they start
foreclosure proceedings. Ms. Harless asked how quickly she could provide the documents.
Discussion ensued and it was decided that she could email the documents, within a day or so, to
City Attorney Alan Jensen. Discussion ensued. Ms. Sherrill explained she cannot get the short
sale approval letter until the end of the process and asked if a letter sent by email from the Bank
stating that they were approving the $15,000 and accepting the terms of our conditions would
suffice in lieu of the final short sale letter. Mr. Jensen replied that it would be acceptable. Ms.
Harless offered to reiterate the motion.
The motion was approved unanimously.
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.
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 Certified Mail, and she has
spoken with someone in control of the property. She reported the driveway and carport are
always a mess with open storage and discarded belongings. She presented photos of the property
taken on January 18, 2012 showing buckets, carpet, an old door, lumber, and something covered
with a tarp. She showed photos taken on February 29, 2012 with more brooms, mops, a screen,
and other discarded belongings. She showed a photo taken today, March 13, 2012, stating that it
has been cleaned up significantly, though some items remain. She explained that in order to
correct the violation, the property owner must clean up and dispose of the remaining items
including buckets, storage containers and their contents, paint cans, gas cans, shelf, and an
unidentifiable blue piece of machinery, and they must maintain keeping it clean.
She reported that staff recommends the Board find the property owner in violation and order that
compliance be obtained on or before April 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. The fine shall include
all administrative cost to the City. The property owner is responsible for contacting the City
Code Enforcement Officer and obtaining an inspection of compliance.
Vice Chair Harless recognized a visitor present at the meeting and asked him to state his name
and address. He introduced himself as Isabello Arenas who resides at 735 Bonita Road. Mr.
Arenas addressed the photos that Ms. Stiles presented. He stated there is a lot of construction
debris due to some remodeling he is doing inside the house. Mr. Arenas said that he has
complied with any violation found as soon as Ms. Stiles made him aware of it. He further
explained the items still outside and said they would be picked up on his garbage day this
Thursday. Mr. Arenas asserted that he felt everything else was in compliance and requested
some documentation of what is required for maintenance, what is allowed to be stored on the
property and what is not allowed. Mr. Martin asked if it was a motorcycle under the tarp and, if
so, does it operate. Mr. Arenas stated that all the vehicles operate and are registered and insured.
Mr. Luthringer asked if the remaining debris, referenced in the staff recommendation, would be
Draft Minutes of the Code Enforcement Board on March 13, 2012 Page 4 of 6
removed by April 13, 2012 and Mr. Arenas answered yes, that everything not in compliance is
ready for trash pickup on Thursday.
Motion: The Board finds the property owner in violation and orders that compliance be
obtained as directed in the Staff recommendation on or before April 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
The motion was approved unanimously.
Vice Chair Harless asked Ms. Stiles to provide the respondent the information he requested
regarding staying in compliance with the Ordinance for debris maintenance. Ms. Stiles
explained that all the information is included in the Notice of Violation and Notice of Hearing
letters we send and she will provide him with additional copies of the letters. Mr. Arenas was in
agreement with that and thanked the Board for letting him speak.
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.
Officer Stiles presented the case stating property ownership was determined by Duval County
Property Appraiser's website, her inspection was prompted by a routine survey, the 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 taken on February 7, 2012 of an
unlicensed red Jeep Cherokee, discarded belongings and trash all over the yard and carport. She
presented photos taken today, March 13, 2012, showing the unlicensed red Jeep, an old bicycle,
trash bags, buckets, tackle box, lumber, tire, coolers, broken chair, tables and other debris.
She explained that in order to correct the violation the property owner must clean up the
remaining items including gas cans, tables, lumber, old bicycle, bucket, trash, crates, coolers,
tackle box, tires and have the Jeep licensed.
She reported that staff recommends the Board find the property owner in violation and order that
compliance be obtained on or before April 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. The fine shall include
all administrative cost to the City. The property owner is responsible for contacting the City
Code Enforcement Officer and obtaining an inspection of compliance.
Vice Chair Harless asked Ms. Stiles if she had spoken with the property owner. Ms. Stiles
replied that she had spoken with him a couple of times and expected him to be at the meeting.
Ms. Harless asked if he was still in violation as of today and had he assured Ms. Stiles on other
occasions that he was going to take care of this. Ms. Stiles stated that he has done a lot and had
informed her that it would all be done by Monday, March 12, 2012.
Draft Minutes of the Code Enforcement Board on March 13, 2012 Page 5 of 6
Motion: The Board finds the property owner in violation and orders that compliance be
obtained as specified in the Staff recommendation on or before April 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 De Luna
The motion was approved unanimously.
5. Miscellaneous Business
None
6. Adjournment
There being no further discussion, the meeting adjourned at 6:43 p.m.
Veda Harless, Vice Chair
Dayna L. Williams, Secretary
Draft Minutes of the Code Enforcement Board on March 13, 2012 Page 6 of 6