5-10-2011 MinutesCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. - May 10, 2011
IN ATTENDANCE:
Chairman Ray Martin
Vice Chair Veda Bernstein
Nicholas Dodaro
Juliette Hagist
Richard Ouellette
Ron Pendleton
Barbara Weiss
Ian Luthringer, Alternate
Alan Jensen, City Attorney
Kathy Stiles, Code Enforcement Officer
Mike Griffin, Building Official
Donna Bartle, Secretary
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 Bartle called the roll, finding a quorum was present.
1. Approval of Minutes
Juliette Hagist motioned to approve the minutes, Ron Pendleton seconded and the Board voted
unanimously to approve the minutes of the Code Enforcement Board meeting of March 8, 2011.
2. Administration of Oath to Defendants/Witnesses
Chairman Martin gave the oath to the defendants and witnesses.
3. Unfinished Business
A. 61 Ardella Rd., David Boerem; Case #81110; violation of International Property
Maintenance Code; Chapter 3, Sections 307.1, Accumulation of rubbish or garbage at
property. Mr. Boerem has not achieved compliance.
Code Enforcement Office Kathy Stiles presented the case, stating the property has come into
compliance.
David L. Boerem explained the background of the property and his financial issues, stating he is
now motivated to finish the property so his daughter can move in and anything he can save in the
fine will go directly into the property. He stated he should be able to complete the renovations
within 90 days.
Mr. Boerem and Ms. Stiles answered several questions from the Board.
Ms. Stiles explained the accumulated fines are $3,900 and a discussion ensued regarding
lowering the fines.
Motion: Find in compliance, but fine $500, plus administrative costs as of today. Failure
to pay all accumulated fines will result in a lien being placed against the property for the
Code Enforcement Board Minutes
May 10, 2011
Page 2
total assessment plus costs incurred for the filing of the lien. In the event that Mr. Boerem
is in violation again, look for maximum fines available.
Moved by Bernstein, Seconded by Dodaro
The motion was approved unanimously.
4. NEW BUSINESS
A. 417 Sailfish Drive, Bruce L. Smith: Case #74110: violation of City of Atlantic Beach
Code of Ordinances, Chapter 24, Sec. 24-173, Appropriate maintenance and upkeep;
International Property Maintenance Code, Chapter 3, Sec. 302.4, Weeds.
Kathy Stiles explained the background of the property and the existing violations and
recommended a fine of $100 per day until the property comes into compliance. She
recommended that the respondent come into compliance within 10 days.
Motion: Respondent, Bruce L. Smith, found not in compliance and must come into
compliance on or before 12:00 pm, May 21, 2011. Failure to comply will result in fines of
$100 per day for every day thereafter until compliance is met, plus administrative costs.
Moved by Dodaro, Seconded by Ouellette
The motion was approved unanimously.
B. 457 Sailfish Drive, Benjamin Brown; Case #15311: violation of International
Property Maintenance Code adopted, Chapter 3, Sec. 302 Rodent Harborage; Sec.302.7
Accessory Structures; and Atlantic Beach City Code, Chapter 12, Sec. 12-1(b)(7), Open
Storage; Chapter 24, Sec. 24-104, Residential, single family district (RS -1)(b) Permitted
Uses.
Kathy Stiles explained she received a complaint from Debbie Monte regarding Mr. Brown's
property, stating at the time of the complaint the property was owned by David and Catherine
Chitty and a certified letter was sent to them regarding the violations. She explained the
violations stating the property was quitclaimed back to Benjamin Brown on March 24, 2011.
She further stated she hand delivered a notice of violations and a notice of hearing for the Code
Enforcement Board tonight to Mr. Brown.
Debbie Monte, 596 Seaspray Avenue, gave a background summary of the violations by Mr.
Brown over the past 20 years and appealed to the Board to bring him to a point where he has to
come into compliance or sell the property.
Ms. Stiles presented slides of the backyard of the property that showed Mr. Brown has done
some work to clean up the property but also showed the items that were remaining. She
recommended a fine of $500/day starting tomorrow with 30 days to come into compliance.
Code Enforcement Board Minutes
May 10, 2011
Page 3
Motion: Respondent, Benjamin Brown, found in violation for non-compliance and must
come into compliance on or before 12:00 pm, June 10, 2011. Failure to comply will result
in fines of $500 per day for every day thereafter until compliance is met, plus
administrative costs. If fine reaches $15,000, the Code Enforcement Board recommends
that the City Commission authorize the filing of a lawsuit against Mr. Brown for injunctive
relief or any other legal recourse available to the City.
Moved by Pendleton, Seconded by Hagist
The motion was approved unanimously.
Miscellaneous Business
Chairman Martin explained Excused Absences, stating the Chairman must approve the absence
or it will be considered an unapproved absence and if a member has more than two unexcused
absences the member shall be removed from the Board.
Chairman Martin further explained some of the new members are not aware of the rules of what
the Board can and cannot do and asked Ms. Bartle if they will offer a training seminar explaining
the rules in the near future. Ms. Bartle stated she will check into that.
Building Official Mike Griffin discussed the self executing orders and stated they may be seeing
additional old business cases due to this.
Adjournment
There being no further discussion, the meeting adjourned at 7:08 p.m.
rA
ay Ma n, Chair an
Donna L. Bartle, Secretary