06-20-12 Minutes CITY OF ATLANTIC BEACH
SPECIAL CALLED MEETING
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. — June 20, 2012
IN ATTENDANCE:
Veda Harless, Chair Dayna Williams, Secretary
Juliette Hagist Alan Jensen, City Attorney
Ian Luthringer Kathy Stiles, Code Enforcement Officer
Barbara Weiss Mike Griffin, Building Official
Benjamin de Luna, Alternate Alan Jensen, City Attorney
ABSENT:
Richard Ouellette
Nicholas Dodaro
Chair Veda Harless called the meeting to order at 6:06 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
Ian Luthringer stated he missed the last Code Enforcement Meeting and asked if we could
approve the minutes with only four votes. Chair Harless asked City Attorney Alan Jensen and he
stated that, as long as we had a majority, we could.
Motion: Approve minutes of the Special Called Code Enforcement Board meeting of May
8, 2012
Moved by de Luna, Seconded by Hagist
The motion was approved unanimously.
2. Administration of Oath to Defendants/Witnesses
Chair Harless requested Ms. Stiles present new business, as we have no witnesses or defendants
to do an administration of oath.
(Oaths were administered later in the meeting.)
3. New Business
A. 835 Sailfish Drive, Lucille W. Eiland, Case #7412: violation of International
Property Maintenance Code adopted, Section 302.8 Motor Vehicles.
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 routine 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 presented photos of a red Ford Explorer in
the driveway that has a 2009 expired tag. Ms. Stiles stated the photos were taken in April 2012.
Building Official Mike Griffin requested Chair Harless swear Ms. Stiles in. Chair Harless asked
if Ms. Stiles needed to be sworn in each time. Mr. Griffin stated just at the start of every
meeting.
Chair Harless gave the oath to Kathy Stiles.
Ms. Stiles continued with the case, showing a photo taken June 19, 2012 of the red Ford Explorer
still in the driveway with the same expired tag. She stated that in order to correct the violation
the property owner must make the vehicle operable and have valid tags or remove the vehicle
from the property.
Ms. Stiles reported that staff recommends the Board find the property owner in violation and
order that compliance be obtained by making the vehicle operable and having valid tags on or
before July 20, 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.
Chair Harless asked Ms. Stiles what response she has received so far from the property owner.
Ms. Stiles stated she has spoken with Ms. Eiland on a couple of occasions and Ms. Eiland states
she will have the vehicle towed but it has never been done. Mr. de Luna asked if the vehicle was
inoperable. Ms. Stiles stated she does not know if it is operable, however, it must have a valid
tag whether it is operable or not. Mr. de Luna asked if she was the owner of the vehicle and Ms.
Stiles stated Ms. Eiland has never said she was not the owner. Ms. Stiles added Ms. Eiland is the
owner of the property and the property owner is ultimately responsible.
Motion: The Board finds the property owner in violation and orders that compliance be
obtained on or before July 20, 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.
Chair Harless stated we needed to go back and have a discussion on the minutes from the last
meeting, as she failed to do that. Mr. de Luna stated he thought the minutes were extremely
thorough and complete and thanked Secretary Dayna Williams for doing that. There being no
further discussion, Chair Harless asked Ms. Stiles to present her next case.
B. 64 W 13 Street, Mary E. Lang, Case #8712: Atlantic Beach City Code, Section
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 Posting of the Property, and she has
spoken with someone in control of the property. Ms. Stiles stated she received a complaint that
there were several things on the driveway and in front of the house. She presented photos of a
desk, dresser, television, stereo speaker, lids to storage containers, bicycle, and garbage bags.
She stated the photos were taken in February 2012. Ms. Stiles presented photos taken in April
2012, stating that Ms. Lang had removed all the items except the desk, dresser, and metal bakers
Minutes of the Code Enforcement Board on June 20, 2012 Page 2 of 6
rack. Ms. Weiss asked if there was a garage door on the house. Ms. Stiles stated the garage door
had been removed and Ms. Lang had put up a tarp and now she has a blanket and curtains over it.
Ms. Hagist asked if the garage was behind where the furniture was placed and if Ms. Lang had
the curtains up instead of a garage door. Ms. Stiles stated yes. Mr. Luthringer asked if part of
the violation was because the entryway is not secure or boarded up. Ms. Stiles stated she had not
given Ms. Lang a violation for that yet; the violation was for the interior furniture that was
outside. Ms. Weiss asked if someone lives in the house. Ms. Stiles stated Ms. Lang lives there
along with her son who appears to be in his twenties. Discussion ensued in regards to why the
garage door was taken down and what was the purpose of the furniture being placed there. Ms.
Stiles stated Ms. Lang told her the furniture was to keep people from coming into her house. Mr.
Luthringer asked to hear the recommendation from Ms. Stiles.
Ms. Stiles reported that staff recommends the Board find the property owner in violation and
order that compliance be obtained by removing all inside furniture from outside on or before July
20, 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.
Motion: The Board finds the property owner in violation of Section 24 -173 (b) 1 & 5 and
orders that compliance be obtained by taking action recommended by our City Staff on or
before July 20, 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 Luthringer
The motion was approved unanimously.
C. 995 Camelia Street, Patricia J. Pillmore, Case #4012: Atlantic Beach City Code,
Section 22 -74 Installation of toilet facilities required: connection of facilities to
public sewer.
Officer Stiles presented the case stating property ownership was determined by Duval County
Property Appraiser's website, her inspection was prompted by Public Works, proper notice was
achieved in accordance with Florida Statute 162 by Certified Mail, and she has not spoken with
someone in control of the property. Ms. Stiles presented a photo of 995 Camelia Street. She
explained the City has a mandatory Ordinance to connect to the public sewer once it is available.
She stated the owner was first notified in July of 2008 and still has not connected. Ms. Stiles
stated that in order to correct the violation the property owner must connect their facilities to the
public sewer. Chair Harless asked if the property owner had a septic tank and Ms. Stiles stated
yes. Chair Harless asked if the reason the property owner was being brought to the attention of
the Board was because they had not connected and Ms. Stiles stated that was correct. Chair
Harless asked if there had been any response to our notices and Ms. Stiles stated no. Chair
Harless asked if Public Works brought this to her attention. Ms. Stiles stated Public Utilities
provided a list about every six months. She added most residents have complied, as they were
given several years' notice. Building Official Mike Griffin stated this has been going on since
2008 and explained the CDBG program that allowed residents to connect by providing financial
Minutes of the Code Enforcement Board on June 20, 2012 Page 3 of 6
aid so they could connect. Mr. Griffin stated the City had taken quite a length of time to get to
this point.
Chair Harless requested Mr. Griffin speak at the podium with the microphone to be sure this is
accurately recorded. Chair Harless gave the oath to Mike Griffin.
Mr. Griffin stated since 2008 the City started this mandatory connection because of the Code.
He added the City has given a considerable amount of time for property owners to connect
realizing the expense is between six to eight thousand dollars. Mr. Griffin stated since 2008 the
City Manager has been notifying all the residents that are required to connect. Mr. Griffin
explained the CDBG program (Community Development Block Grant) has been offered to
residents that cannot afford to connect to the City sewer and pay back on an amortized scale and
this is one of the holdout properties that has not connected. Chair Harless asked if there had
been any correspondence from the resident since 2008. Mr. Griffin stated the correspondence
has been that they refuse to connect.
Ms. Hagist asked why they are being forced to connect if you have a septic tank. Mr. Griffin
stated this is part of the environmental regulations to help clean up certain areas. Mr. Griffin
explained that once the sewer becomes available, the City expended the money to extend the
sewers in those areas. He stated septic tanks are only good for so long; they contribute to the
environmental pollution of stormwater and cause harm to the environment. He concluded it is
beneficial for all the surrounding property owners to be on water and sewer.
Ms. Hagist stated she has a problem with the fact if she bought a home that had a septic tank and
then the City says I have to spend "X" amount of dollars to comply with what we want you to
do. Mr. Griffin stated that the City Attorney Alan Jensen could probably explain the legal aspect
better than he could.
Mr. Jensen stated this goes back many years prior to 2008. Mr. Jensen stated the City went to
that part of town and installed new sewer and water lines and made everything available to the
residents out there. Mr. Jensen stated by State Statute if you have a sewer line within so many
feet of your house you have one year to connect. He added the City thought that was a little
unreasonable, due to the cost, so the City set up a plan that allowed residents about ten years to
connect. Mr. Jensen stated he could not vouch for the complete accuracy of the dates and
numbers, but he believes it may have begun in 1998 and 2008 was the end of the ten years. Mr.
Jensen stated the City then went to the residents who had not connected and offered them
financing plans to pay over time through the CDBG funds. He stated there were a handful of
holdouts. Ms. Hagist asked what would happen to Ms. Pillmore if she is holding her stand and
not going to connect. Mr. Jensen stated we could ultimately get a lien for $100.00 a day on her
property for however long she refuses to connect. Mr. Jensen stated if it is her homesteaded
property we cannot file a suit to foreclose it. He added we could possibly file a suit to get a
money judgment for the lien up until a certain date. He further added if you get a money
judgment against someone who has homesteaded property and they sell that property you cannot
go after the proceeds of the sale because by case law they are given a reasonable amount of time
to reinvest that in another homestead. Mr. Jensen stated we are trying to do something to get the
residents to connect, as septic tanks are bad for the environment and that is the main reason we
need them to hook up. Ms. Hagist asked what our charge is if she is refusing to connect. Mr.
Jensen reiterated she is in violation of our City Ordinances and it is the Board's decision to find
her in violation.
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Chair Harless asked if it is a homesteaded property and they sell the house what happens to our
lien. Mr. Jensen stated from a practical standpoint once they have the money in their hand the
City is not going to get it. Chair Harless stated so the City can fine the property owner all we
want, but it is likely we would never get the money and Mr. Jensen said that is correct. Chair
Harless asked if that is our only remedy at this point and Mr. Jensen answered that is correct.
Mr. Luthringer stated it would be a cloud on the title, so if the owner did want to sell the
property, it would have to be satisfied by the purchaser.
Discussion ensued regarding different scenarios involving the sale of the property and what the
bank may require. Mr. Luthringer asked Mr. Griffin to confirm that we are here today for a
violation of Sec. 22 -74 of the City Code and Mr. Griffin stated that is correct. Mr. Luthringer
stated regardless of how we feel in regards to the appropriateness of the law we are bound to that
law and Mr. Griffin stated that is correct.
Mr. de Luna stated the City Code Sec. 22 -74 requires the public sewer line be 100 feet from the
property line and he asked if that had been verified. Mr. Griffin stated it was verified by our
Public Utilities Department. Mr. de Luna asked if this particular property was in Ocean Grove or
Section H. Mr. Griffin stated no. Mr. Jensen stated that the property was in Section H. Mr. de
Luna read Sec. 22 -74 (b) (2) in regards to Sec. H and the expiration date of November 2011. Mr.
de Luna stated, from his reading of that, the homeowner has one year after November 2011 to
connect, so they cannot be in violation of anything until November 2012. Discussion ensued and
Mr. de Luna felt we should table this case until the next Code Enforcement Meeting after
conferring with Public Utilities and their findings. Discussion ensued and Mr. Griffin agreed we
should table specifically until the next meeting after further investigation.
Motion: The Board moves to defer the decision in this case until the next Code
Enforcement Meeting on July 10, 2012.
Moved by de Luna, Seconded by Weiss
Ms. Hagist asked, after this case is checked out, what happens if the property owner refuses to
connect. Mr. Griffin stated the fine would still keep going against the property until they do
hook up or sell the property. Ms. Hagist asked if they sell the property would there be a lien on
it and who would have to pay. Mr. Griffin reiterated the property owner would have to settle the
lien. Mr. Jensen interjected that it does not make any difference to the Board's decision, but he
did want to clarify something in regards to our motion. Mr. Jensen stated our motion to table is a
motion to either postpone or defer it to the next meeting. Chair Harless asked if we needed to do
another motion, and Mr. Jensen stated no, we just need to clarify the motion we had. Mr. de
Luna reiterated that we are moving to defer the decision in regards to the case.
The motion was approved unanimously.
4. Miscellaneous Business
Chair Harless wanted to confirm the Board members received the email in regards to the Code
Enforcement Cases Updates /Status. Chair Harless said she had not been able to receive her
email, but she knew a couple of members had. Chair Harless stated she would like to get an
update on the status of the cases we have voted on, if not every meeting then every quarter.
Minutes of the Code Enforcement Board on June 20, 2012 Page 5 of 6
Chair Harless stated they had a question in regards to alternate versus permanent. Chair Harless
asked Ms.Williams to confirm if Mr. de Luna was going to be a permanent member and if we are
in process of getting another alternate. Mr. Jensen stated that it goes before the Commission and
Ms. Williams said she would get an update and report back to them at the next meeting.
5. Adjournment
There being no further discussion, the meeting adjourned at 6:45 p.m.
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Veda Harless, Chair 1 �
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Dayna . Williams, Secretary
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