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11-14-12 Minutes.pdfCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES 6:00 P.M. — November 14, 2012 IN ATTENDANCE: Veda Harless, Chair Dayna Williams, Secretary Juliette Hagist Alan Jensen, City Attorney Ian Luthringer Deborah White, Code Enforcement Officer Nicholas Dodaro Mike Griffin, Building and Zoning Director Richard Ouellette Benjamin de Luna Meade Coplan John Stinson, Alternate Chair Veda Harless called the meeting to order at 6:00 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 Approval of the Minutes will be addressed at the next Code Enforcement Meeting. 2. Administration of Oath to Defendants/Witnesses Chair Veda Harless gave the oath to the defendants and witnesses. 3. Old Business None Chair Harless stated she would like to ask Mike Griffin to introduce our new Code Enforcement Officer. Mr. Griffin welcomed Meade Coplan and John Stinson to the Board and introduced Debbie White. He stated she has worked as a Code Enforcement Officer in Jacksonville Beach and is well certified. Mr. Griffin stated Ms. White has all four code certifications and has taught code enforcement certification classes. He stated we are very fortunate to have Ms. White with us. The Board gave her a warm welcome. 4. New Business A. 85 Dora Street, Christopher Sprungmann, Case #58412: violation of International Property Maintenance Code (IPMC), Sec. 302.4 Weeds. Officer Debbie White presented the case stating ownership was determined by the tax records for Duval County, her inspection was prompted by a complaint, the notice of violation was dated August 1, 2012, proper notice was achieved by certified mail in accordance with F.S. 162 and she has spoken with the owner. Ms. White presented pictures of the property taken on October 9, 2012 and November 7, 2012 and stated staff recommends the Board find the property owner in compliance. Motion: The Board finds the property owner at 85 Dora Street in compliance with IPMC, Sec. 302.4. Moved by de Luna, Seconded by Coplan The motion was approved unanimously. B. 720 Bonita Road, John P. Vitale, Case #60412: violation of International Property Maintenance Code, Sec. 304.7 Roofs and drainage. Officer Debbie White. presented the case stating ownership was determined by the tax records for Duval County, her inspection was prompted by a routine survey, the notice of violation was dated August 7, 2012, proper notice was achieved by certified mail in accordance with F. S. 162 and she has not spoken with someone in control of the property. She presented photos of the property taken on September 12, 2012 and November 14, 2012 showing the rotted carport. Ms. White stated in order to correct the violation the property owner must repair and replace the rotted eaves, soffit, fascia and all rotted, deteriorated roofing materials. Staff recommends the Board find the property owner in violation and order that compliance be obtained on or before December 19, 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. Chair Harless asked if the property was inhabited and Ms. White stated the water was on and there is a tenant. Mr. Ouellette asked Ms. White what she was referring to when she stated drainage. Ms. White stated drainage is not an issue, but the title of the section of the IPMC. Ms. Hagist asked if there had been any response at all and Ms. White stated no. Ms. Coplan asked if there had been any response from the owner or the tenant. Ms. White explained the notice goes to the owner, so the tenant does not know. Ms. Hagist asked when the notice of violation was sent. Ms. White stated it was mailed on August 7, 2012 and they signed for it by Certified Mail on August 8, 2012. Ms. Coplan asked where Ms. White sends the notices. Ms. White stated it is sent to the property owner's address, which in this case is 310 Iii' Street in Atlantic Beach. Chair Harless asked if the Code Enforcement Officer would go to the property and try to speak to somebody there even if it is not the property owner. Ms. White stated the property owner is responsible, not the tenant. Discussion ensued. Motion: The Board finds the property owner in violation and orders that compliance be obtained on or before December 19, 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. C. 310 Royal Palms Drive, Joe W. Pugh, Case #60912: violation of International Property Maintenance Code, Sec. 301.3 Vacant structures and land; Sec. 302.4 Weeds; Sec. 302.7 Accessory structures; and Sec. 304.7 Roofs and drainage. Ms. White presented the case stating ownership was determined by the tax records for Duval County, her inspection was prompted by a routine survey, the notice of violation was dated August 28, 2012, proper notice was achieved by certified mail in accordance with F. S. 162 and, until tonight, she had not spoken with someone in control of the property. She stated Mr. Pugh, the owner of the property, is here for the meeting. She presented photos of the property taken on Minutes of the Code Enforcement Board on November 14, 2012 Page 2 of 7 August 2, 2012 and October 5, 2012 showing the rusted fence, the partially boarded windows, debris on the roof, a post that needs to be removed and a gate that has fallen down. She stated this property has been vacant since 2001. Ms. White presented photos taken November 14, 2012 stating the property has not changed; however, Mr. Pugh has kept the grass mowed since her initial notice. Ms. White stated in order to correct the violation the property owner must maintain the vacant property, maintain yard mowed and clean, remove or replace the rusted dilapidated chain link fencing and brick posts, and repair or replace the roof, eaves, soffit and roofing materials, as needed. In addition, the property owner must obtain a State of Florida licensed roofing contractor to obtain a permit to replace the roof. Staff recommends the Board find the property owner in violation and order that compliance be obtained on or before December 19, 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. Chair Harless asked Ms. White about the roof repair. She stated she could see the debris, but asked Ms. White if she had seen visible roof damage or rotting wood. Ms. White stated there is some rotted wood. Chair Harless asked Mr. Pugh to come to the podium and state his name. The witness stated Joe Pugh, the owner of the property at 310 Royal Palms Drive. Mr. Pugh stated he has received notices in the past and has gone to the property to clean up the yard. He stated he has talked with several people the past two months to give him estimates on doing the roof. He further stated his main desire had been to rent it, but things have not worked out. He stated it was difficult financially but he planned to put some time into the property. Mr. Pugh stated his hope was to get working on it and get people in there, as he does need another source of income. Mr. Luthringer asked how long he felt it would take him to come into compliance. Mr. Pugh stated he would shoot for sixty days, especially to get the roof done. Mr. de Luna asked the witness if he agreed with what Officer White has said about the property. Mr. Pugh stated it was not so much agreeing as it is reality. Discussion ensued. Chair Harless asked Mr. Pugh to get with Code Enforcement Officer Debbie White to explain to him what he needs to get back in code. She stated the Board just wants you in compliance. Mr. Luthringer asked the witness if he was current on the mortgage and the witness stated the property is paid for. Motion: The Board finds the property owner in violation and orders that compliance be obtained pursuant to the staffs recommendation on or before January 14, 2013 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 Ouellette The motion was approved unanimously. D. 146 -148 W. 10' Street, Thomas J. Bennett, Jr., Case #62112: violation of International Property Maintenance Code, Sec 304.2 Protective Treatment; Sec. 304.7 Roofs and drainage; and Sec. 304.6 Exterior Walls. Ms. White presented the case stating ownership was determined by the tax records for Duval County, her inspection was prompted by a routine survey, the notice of violation was dated Minutes of the Code Enforcement Board on November 14, 2012 Page 3 of 7 August 9, 2012, proper notice was achieved by certified mail in accordance with F. S. 162 and she has spoken with someone in control of the property. She stated she met with Mr. Bennett on the property site last week. Ms. White presented photos taken August 2, 2012 showing the wood siding in need of repair on the entire house. She presented photos taken October 9, 2012 showing the roof and the two utility rooms in need of repair. She presented photos taken November 14, 2012 of the roof, stating it looked like part of the roof was changed at one time, as one side was darker in color than the other side. Ms. White stated in order to correct the violation the property owner must obtain services of State of Florida licensed contractors to replace all rotted siding and rotted or missing trim and obtain a State of Florida roofing contractor to replace the roof and paint all exterior wood siding and trim. Staff recommends the Board find the property owner in violation and order that compliance be obtained on or before December 19, 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. White stated that Mr. Bennett was present and would like to address the Board. Mr. Bennett stated he needed an extension in order to take care of it. He stated he told Ms. White the roof is not leaking. He stated it has a vent pipe on the top that has been leaking, but other than that there is nothing wrong with the roof. He stated if he could get a 90 -day extension he would get a permit and take care of it. Chair Harless asked Ms. White to address her concerns regarding the roof. Ms. White stated there were missing shingles, the existing shingles are deteriorated, there is some water damage inside the structure and some extensive water damage inside the two laundry and storage areas. Mr. Bennett stated if he found any water damage he would take care of it, but he had no knowledge of anything being wrong with the roof. He stated the siding did have more damage to it than he realized and he will take care of that as well. Chair Harless asked Ms. White if her recommendation for the roofing was for the entire structure or just the sheds. Ms. White stated, in her opinion, the whole building needs to be re- roofed. Mr. Bennett asserted that it does not leak, so why does it need to be replaced. Ms. White stated Mr. Bennett was nice enough to let her in and she went in the utility room and saw extensive water damage. She stated she went into Unit 148, which was unoccupied, and found the upstairs bathroom had a place where the drywall is off and she could see black mold and water damage to the trusses and in one of the bedrooms there was a spot where there was some water damage. Chair Harless asked Mr. Jensen if he could give the Board a little direction due to the disagreement of the damage between the owner and the Code Enforcement Officer. Mr. Jensen deferred the question to the Building and Zoning Director, Mike Griffin. Mr. Griffin stated we could get a certification from a licensed roofer stating the roof has been inspected and certifies the roof is no longer leaking by malting some repairs. Chair Harless asked Mr. Bennett if he understood what Mr. Griffin had stated. Mr. Bennett stated he did not hear it. Chair Harless stated after the repairs Mr. Bennett should get a letter from a licensed roofer stating they have made the necessary repairs to stop the roof from leaping. Mr. Bennett stated he would agree with that. Mr. Dodaro asked Mr. Bennett about his request for a 90 -day extension. Mr. Dodaro wanted to clarify if Mr. Bennett had received the Notice of Violation on August 9, 2012. Mr. Bennett stated he had received the notice. Mr. Dodaro stated that would have been almost 90 days from today and what occurred between then and now. Mr. Bennett stated he did not think he had extensive damage on the property, so he did not call Ms. White back. Mr. Bennett further stated he now realizes he has that much work to do and that is why he needs the additional time to do it. Minutes of the Code Enforcement Board on November 14, 2012 Page 4 of 7 Mr. Dodaro asked when Mr. Bennett met Ms. White to discuss the property. Ms. White stated it was Friday of last week. She stated Mr. Bennett called her and asked her to meet him at the property at 3:00 p.m., which she did. She stated prior to that she had written the violations on the property without going inside. Mr. de Luna asked Mr. Bennett if he rented these properties and Mr. Bennett stated he has been renting them for years. Mr. de Luna asked if the witness had been renting the one that was leaking and the witness stated it was occupied last month. Mr. Bennett stated it is empty right now, but he is supposed to have the tenant back tomorrow. Ms. Coplan asked how many tenants he had in the building and Mr. Bennett stated it was a townhouse with 2 units. Ms. Coplan asked if there was any recommendation on the mold remediation or will it clean up easily. Ms. White stated it could be cleaned easily. Discussion ensued. Motion: The Board finds the property owner in violation and orders that compliance be obtained on or before January 14, 2013 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. E. 735 Bonita Road, Kimberly Peters, Case #67512: violation of Atlantic Beach City Code, Sec. 24 -173 Neighborhood Preservation. Ms. White presented the case stating this property was sent a notice of violation which was accepted by the property owner, however, the certified notice of hearing letter was returned yesterday November 13, 2012 as unclaimed. Staff recommends this case be reheard at a later date. Discussion ensued regarding if a motion was needed when a case is being deferred. Mr. Jensen stated it there should be a motion to defer. Motion: The Board defers this case until our next regularly scheduled Code Enforcement Meeting in January 2013. Moved by Harless, Seconded by Luthringer The motion was approved unanimously. F. 60 Ocean Boulevard, Jubrana A. Jubran, ET AL, Case #68512: violation of Atlantic Beach City Code, Sec. 17 -61 Permit Required; and Sec. 19 -1 Obstructing five passage prohibited. Ms. White presented the case stating ownership was determined by the tax records for Duval County, her inspection was prompted by a complaint, the notice of violation was dated August 14, 2012, proper notice was achieved in accordance with F.S. 162 by certified mail, she has spoken with someone in control of the property and at this time the property is in compliance. Ms. White presented photos of the signs on the property which did not have the proper permitting. She presented photos of bicycles and flower pots that were stored on the public sidewalk. She showed the photos from today which showed the sign was removed and all the flower pots were off the city sidewalk and on private property. Staff recommends the Board find the property owner in compliance. Minutes of the Code Enforcement Board on November 14, 2012 Page 5 of 7 Motion: The Board finds the property owner at 60 Ocean Boulevard in compliance of Code Sec. 17 -61 and Sec.19 -1 of the Atlantic Beach Ordinances. Moved by de Luna, Seconded by Coplan Mr. Ouellette asked if the property owner was in violation if someone comes along and ties a bike to a tree. Ms. White stated the bicycles that were there were owned by tenants of the property owner and they had a sign on the bicycle. She stated they used to make deliveries on the three wheel bicycle and it had flat tires. She stated the property owner was instructed to move it off the sidewalk as it posed a safety issue should someone trip on public property. The motion was approved unanimously. 5. Miscellaneous Business A. Review and discussion on Code Enforcement Procedures Manual. Chair Harless asked Mr. Griffin to provide information on the new Code Procedures Manual which had been distributed to all the Board members. Mr. Griffin stated the manual was a compilation of our finance, city clerk, and code enforcement departments. He stated the compilation explains what actually happens during the code enforcement process. Mr. Griffin referred to the Table of Contents describing some of the content included in the manual. He stated the Code Enforcement Procedures section was the meat of the manual. He asked the Board to familiarize themselves with that section as it gives a good overview of our process and what it takes to get a case to the Board and what happens when a case is found not in compliance. He stated it helps to make it a cleaner, streamlined process and if they have any questions to please give him a call or come in to talk with him. Mr. Griffin stated Chair Harless has asked that the Board be provided with the code officer's statement so the Board can follow the code enforcement officer and look at the staff recommendation with another section below for the Board's recommendation. Discussion ensued regarding the content of the form that would be beneficial for the Board. Chair Harless had some recommendations for the dangerous dog cases that come before the Board. She stated they are quite lengthy and she feels we can apply some of these same efficiencies to minimize the repetitive questions if we could get a brief snapshot or cliff notes right before the meeting. She emphasized she would not want them prior to the meeting, but at the start of the meeting. Discussion ensued. Mr. de Luna stated he objected and felt it could be alleged that our Board is being tainted. Discussion ensued. Mr. Griffin stated Chair Harless might want to get with Chief Classey and let him know what information you would like to have at the hearing and what would be available for the Board to have. Mr. de Luna stated he thinks Chair Harless is trying to get a format of the information and Chair Harless said that is correct. Mr. Jensen stated it would be up to the Animal Control Officer and the prosecuting attorney to decide what they would present to you. Chair Harless stated she is only trying to streamline the process. Mr. Griffin reiterated to the Board to call him if they have any questions about the manual. Minutes of the Code Enforcement Board on November 14, 2012 Page 6 of 7 6. Adjournment There being no further discussion, the meeting adjourned at 6:55 p.m. Veda Harless, Chair i Day L. Williams, Secretary Minutes of the Code Enforcement Board on November 14, 2012 Page 7 of 7