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1-10-12 Minutes CITY OF ATLANTIC BEACH 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 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 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. 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. 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 internet 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 adjou - • . : • 3 p.m. _ ` ,/ Ray Martin, Chair f an Daynr Williams, Secretary Minutes of the Code Enforcement Board on January 10, 2012 Page 6 of 6