7-12-11 CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. - July 12, 2011
IN ATTENDANCE:
Chairman Ray Martin Barbara Weiss
Vice Chair Veda Bernstein Ian Luthringer, Alternate
Nicholas Dodaro Alan Jensen, City Attorney
Juliette Hagist Kathy Stiles, Code Enforcement Officer
Richard Ouellette Mike Griffin, Building Official
Ron Pendleton Donna Bartle, Secretary
Chairman Ray Martin called the meeting to order at 6:02 p.m., followed by the Pledge of
Allegiance to the Flag by all present.
Mr. Martin stated due to staff changes in the secretary of the Code Enforcement Board they have
also initiated changes in the way they conduct the meetings. He stated in the future, the meetings
will all be recorded and the minutes will be taken correctly from those recordings. He stated the
members of the Board are asked to observe the procedures in Roberts Rules of Order for
recognition and when they are recognized to turn on their microphones when speaking so their
comments can be properly recorded and transcribed in our minutes.
Item 2 was taken out of sequence and acted on at this time.
2. Administration of Oath to Defendants/Witnesses
Chairman Martin gave the oath to the defendants and witnesses.
1. Approval of Minutes
Mr. Griffin explained a correction he wanted to make to the minutes. He stated that (on page 3,
last sentence under Miscellaneous Business) "self regulating rules" should be changed to state
"self executing orders ", further explaining the self executing orders.
Motion: Approve minutes of the Code Enforcement Board meeting of May 10, 2011 as
amended.
Moved by Pendleton, Seconded by Weiss
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. Unfinished Business
A. Benjamin Brown Appeal
457 Sailfish Drive, Benjamin Brown, Case #15311: violation of International Property
Maintenance Code adopted, Chapter 3, Sec. 302 Rodent Harborage; Sec.302.7 Accessory
Minutes of the Code Enforcement Board on July 12, 2011 Page 1 of 8
Structures; and Atlantic Beach City Code, Chapter 12, Sec. 12- 1(b)(7) Open Storage; and
Chapter 24, Sec. 24 -104 Residential, single family district (RS -1)(b) Permitted Uses.)
Code Enforcement Officer Kathy Stiles stated the Board found Benjamin Brown in violation of
the above codes on May 10, 2011, explaining he was given until June 10, 2011 at 12:00 noon to
come into compliance. She stated Mr. Brown is appealing this finding of the Board. She stated
an inspection was made of the property on June 10, 2011 in the afternoon and stated the items
still on the property included an air compressor, buckets, milk crates, drums, barrels, traffic
cones, two engines, fire extinguisher, tires, ladders, doors, wiring and cables, extension cords,
lumber, old rope, fence section, tools, gas can, deck from a riding mower, tanks, hoses, tool
boxes, other metals, PVC piping, bumper from truck, old sink, and lawn mowers. She stated the
gravity of this violation has a serious effect on the surrounding property because of the health
and safety of the neighbors. She stated the respondent has made some effort by removing
several tanks, some of the PVC piping, several small barrels, most of the tires, the two large air
conditioning units, the heating oil, some of the small engines and lawnmower parts, and the large
pile of lumber. She stated there still remains a large amount of outside storage in the back yard.
She stated staff requests that the Board find the respondent in violation and impose the fine as of
June 10, 2011 at $500 /day. Ms. Stiles answered questions from the Board.
Building Official Mike Griffin explained he has gone to the address a couple of times since June
10 to talk to Mr. Brown to reinforce what the inspection revealed and what was needed to be in
compliance and so far it is not in compliance. He stated the last time he was there was
approximately a week and a half ago.
Discussion ensued, Ms. Stiles answered several more questions and Mr. Griffin explained since
Mr. Brown has not called for an inspection indicating he is in compliance, an inspection has not
been made finding him in compliance and the fine is still running to date. It was pointed out that
the order included language explaining that it is the respondent's responsibility to notify the
Code Enforcement Officer once the violation has been corrected which would prompt an
inspection. Chairman Martin asked the attorney for his opinion. Mr. Jensen confirmed that the
language was on the order.
Vice Chair Bernstein asked if Mr. Brown can refuse to have our Code Enforcement Officer
check his property since he has been in violation all this time. Mr. Jensen stated we can go out
and inspect if he allows inspection but if he wants to prove he is in compliance he is going to
have to allow an inspection. She said, so we can continue the $500 /day fine. Mr. Jensen stated
yes.
Benjamin Brown, 457 Sailfish Drive E., stated no one has been back since they came there. He
stated he called for another inspection but nobody came. He stated the Bobcat is gone, the
lawnmowers are working lawnmowers, the ladders are his personal ladders. He stated he told
Mr. Michael (Griffin) if the City wants to buy his Bobcat, his lawnmowers and his ladders then
he will get rid of them. He further explained he cut up the steel, which he needed to go inside a
trailer, and sold it for scrap because they said it wasn't in compliance. He stated most of all, she
(Ms. Stiles) wasn't even supposed to be on his property at no time. He stated he told Mr.
Michael she wasn't supposed to be there and he told Chief Thompson she wasn't supposed to be
Minutes of the Code Enforcement Board on July 12, 2011 Page 2 of 8
there. He stated the day she (Ms. Stiles) came she was unprofessional in her conversation and
talking to him. He stated she talked to him like he was nobody; nobody does that to him. He
stated some of those things are no longer there because he moved them. He explained his doctor
told him he wasn't supposed to operate any equipment and gave the reasons. He stated he didn't
take any medication since yesterday in order to be at this meeting. He stated this is unfair and he
wants a copy 1998 up to 2011, then he wants a meeting with the Mayor. Chairman Martin stated
he will have to arrange his own meeting with the Mayor. He explained to Mr. Brown that the
Board had a hearing on this matter in May, which he was notified of but did not appear here, so
all the testimony they heard did not include any of his testimony. Mr. Brown explained he
thought the meeting was at 7:00. Chairman Martin stated the testimony he gave tonight would
have been more appropriate at that meeting.
Mr. Ouellette asked Mr. Brown if he is still operating a business at his residential property. Mr.
Brown stated he doesn't operate a business. He stated the City says it is a business but there is
nothing at his house that is sellable. He stated when he picks up something it is on the trailer,
other than that it is not a business. He stated it never was a whole business because some of this
stuff that he was picking up was from the City. He stated Alex would call him when someone
needed something cleaned up and he would pick the stuff up and it would stay on the trailer until
5:00 the next morning when he would take it to Baldwin. He stated, if they want to say that's a
business, that was his livelihood and has been his livelihood since 1998, recycling. Mr. Ouellette
asked if he occupies that residence. Mr. Brown stated at first he didn't; his ex -wife lived there.
He stated he owned the house but she lived there. He stated he lives there now because he had to
come back and re -deed the house because she abandoned it.
Chairman Martin asked Mr. Brown if he is prepared to allow the City to inspect the property so
they can know that those things are removed. Mr. Brown stated he would allow anybody but her
(Ms. Stiles). Chairman Martin asked him when Mr. Griffin can inspect it. Mr. Brown stated
10:00 tomorrow. Chairman Martin asked Mr. Griffin if he was available at 10:00 tomorrow.
Mr. Griffin stated he was available but he has been on the property and has spoken to Mr. Brown
about his equipment, his tanks, etc. and a lot of the things in the slides still remain on the
property and he has an understanding that he can keep his tools and a lot of the equipment on the
property but this meeting is to determine that he cannot do that. He stated he cannot keep sliding
glass doors, air conditioners, etc. that he is keeping on the property, which is where they are
having trouble in communicating with Mr. Brown. Chairman Martin stated right now Mr.
Brown is under an order that imposes a $500 /day fine for failure to correct that circumstance and
the only way he can stop it is to request we do an inspection, which he has done. Mr. Griffin
stated he can do the inspection at 10:00 tomorrow. Discussion ensued about the various items
being stored.
Michael Smith, 460 Sailfish Drive, explained he lives across the street from Mr. Brown and
stated he witnessed Ms. Stiles speaking with Mr. Brown and they were loud so he walked over to
see what was going on. He stated she asked him what business he had there and he told her he
wanted to find out what the yelling was. He stated he thought it was very unprofessional. He
stated he has known Mr. Brown for a while and believes he has made a lot of improvement in
cleaning up. Ms. Bernstein asked, when Mr. Smith said he saw Ms. Stiles behaving
Minutes of the Code Enforcement Board on July 12, 2011 Page 3 of 8
unprofessionally, was she talking to Mr. Brown. Mr. Smith said it was loud, he could hear it
across the street.
Motion: Reject the appeal by Mr. Brown.
Moved by Dodaro, Seconded by Hagist
The motion was approved unanimously.
Chairman Martin explained to Mr. Brown that his appeal has been rejected and Mr. Griffin will
be at his door at 10:00 a.m. to inspect the property.
Mr. Pendleton asked if another item could be addressed. Chairman Martin indicated that if it is
not on the agenda, it could not be addressed. He asked if it was a different issue. Mr. Pendleton
explained that it is not, it is the same property and regarding the treatment of previous fines on
this property and believes it has bearing on what we do. Chairman Martin stated he knows what
he is referring to and believes this should be addressed to the City Attorney. He stated this
relates to the original $100,000 in accrued fines charged against Mr. Brown. He stated Mr.
Brown transferred the property and has now come back into ownership of the property. The
question is do the previous fines reattach with his new ownership position. Chairman Martin
requested Ms. Bartle to review the nature of the order and fine and make a determination with
Mr. Jensen as to whether or not those fines reattach. Discussion ensued. Mr. Jensen agreed to
get with the City Clerk.
Mr. Griffin stated after he makes his inspection tomorrow Mr. Brown will have over $16,000 in
fines. He stated in the order it was recommended that the City start the lawsuit after $15,000, as
a lien against the property, and asked what should be done. Mr. Jensen stated the
recommendation was made in the order and all they need to do, through Mr. Griffin, is get it on
the Commission agenda to act on the recommendation. Chairman Martin asked Mr. Griffin to go
ahead with the recommendation.
Ms. Stiles told Mr. Brown it was never her intention to be disrespectful or unprofessional to him.
4. NEW BUSINESS
A. 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 presented the case, stating she could not get a response
from Ms. Gross after numerous attempts. She stated she posted the property on June 15, 2011
and June 30, 2011, mailed a letter and posted it at City Hall, stating this case would be brought
before the Code Board on July 12, 2011 at 6:00 p.m., but still received no response. She showed
a slide of what the property looked like as of July 11, 2011, stating nothing has been done. She
recommended that the Board find the property owner in violation and assess a fine of $100.00 a
day after giving 30 days to bring the property into compliance, making the date on or before
August 12, 2011.
Minutes of the Code Enforcement Board on July 12, 2011 Page 4 of 8
Chairman Martin asked if she determined that the property is in foreclosure. Officer Stiles
explained that there was paperwork filed, but it appears it has been rescinded and the property is
still in her name according to the property appraiser's records. Chairman Martin explained that
the property appraiser's record is not always updated right away, but usually changed the
following year. Mr. Dodaro asked if the issue of foreclosure is relevant to our decision.
Chairman Martin replied not really, but it's just that our standing and our status changes a little
bit, but believes that for notice, we might be better off notifying whoever brought this
foreclosure. Officer Stiles explained the various ways she researched it. Mr. Luthringer asked if
a Certificate of Title was issued. Officer Stiles replied she did not. Mr. Luthringer explained
how you can pull up public records search, search her name and it should show whether a
Certificate of Title was issued. If so, it has transferred title and then he believes that in that case,
but confirm with counsel, that notice was not provided for this since we would need to notify that
person through the actual owner and they would be the one responsible for bringing the property
into compliance. He believed it should be confirmed whether a Certificate of Title was issued
before making a decision. Mr. Jensen advised that we need to determine who owns the
property. Mr. Jensen reported that in the case of foreclosure, you can pull up the docket sheet and
see what documents have been entered in that court file. Mr. Luthringer asked if it would be
prudent for the Board to decide on compliance on the person that signed for the letter and that if
our research indicates there is a different owner he could reinstitute a case on the next meeting.
Mr. Martin agreed we would be that one step ahead. Mr. Pendleton suggested an alternate that
they could find the owner of the property in violation and once the owner is determined if that
owner had been contacted then put it in non - compliance. Chairman Martin explained that what
he said was that we would go ahead and presume that the person we notified was still the owner
and then our motion and order would already be in place and if there had not been a change of
ownership it will be effective and if there has been a change of ownership then we would have to
back up at the next meeting and pass a new motion.
Motion: The owner of the property at 331 Seminole Road, Sonya Gross is found to be in
non - compliance and the property must be brought into compliance before August 12, 2011
(within thirty days from today) or a fine of $100.00 a day for everyday thereafter will be
imposed.
Moved by Dodaro, Seconded by Ouellette.
Mr. Luthringer reported that he had determined that the action which had been pending against
this property had been dismissed and that further action had been brought to reinstate but that
was denied by the court so Sonja Gross is still the owner. Mr. Jensen advised that they may want
to consider incorporating in your motion that it is incumbent upon the property owner to call for
an inspection and demonstrate to the City that they are in compliance. Mr. Martin agreed that it
should be part of the order before the signature instead of having it at the bottom.
Amended Motion: Amend the motion by adding language that it is incumbent upon the
property owner to call the City and request an inspection when the property has been
brought into compliance and failure to do so will result in the fines being opposed as stated.
Moved by Dodaro, Seconded by Ouellette.
The motion was approved unanimously.
Minutes of the Code Enforcement Board on July 12, 2011 Page 5 of 8
B. 765 Sabalo Road, Randy and Vanessa Dedman, *Case #77510: violation of
International Property Maintenance Code adopted, Chapter 3, Sec. 302.4 Weeds; and Atlantic
Beach City Code, Chapter 24, Sec. 24 -173 (b) 1 & 5 Neighborhood preservation and property
maintenance standards- Appropriate maintenance and upkeep.
Code Enforcement Officer Kathy Stiles presented the case stating that this is a vacant home and
has been vacant for a long time. She explained that she had sent a letter of violation to the
owners shown on the property appraiser's website, which were Randy L. and Vanessa Dedman.
The violations were IPMC 302.4. High grass and weeds. City Ordinance Sec. 24 -173 —
Neighborhood preservation and property maintenance standards. The letter asked them to clean
up the accumulation of rubbish and garbage in carport and surrounding the entire house and also
to cut the grass and to maintain it. She showed photos of the property. She reported that Randy
signed for the letter but nothing was done. The letter was also sent to Enrico G. Gonzalez, who
was the attorney listed and someone by the name of L. Fisher from his office signed for the
letter. She explained the City eventually cut the grass. Chairman Martin asked where she got
the attorney's name from. She replied it was on the Clerk of Court website. He asked if
someone could look it up and confirm ownership. It was confirmed by Mr. Luthringer that they
were still the owners. Officer Stiles explained she had made several attempts to contact them,
so on 6/15/2011, a letter was mailed and posted on the property and at City Hall but nothing was
done. She showed photos of what the property looked like when it was posted. On 6/30/11, a
letter was mailed certified, posted on the property and at City Hall informing them that this case
would be brought before the Code Enforcement Board on July 12, 2011 at 6:00 pm. She showed
photos of what the property looked like on 7/11/2011.
Officer Stiles recommended that the Board find the property owners in violation and assess a
fine of $100.00 a day after giving 30 days to bring the property into compliance, which would
bring that to August 12, 2011.
Mr. Ouellette asked if she was mailing the notices to 765 Sabalo Drive. She explained that she
mailed the letter to 765 Sabalo Drive, but that originally, she mailed a letter to 785 Sailfish Drive
but they are not doing anything. They had an address at one time of 785 Sailfish. Chairman
Martin stated that it is appropriate to mail it to the address on the tax rolls. Officer Stiles
confirmed that the address shown on the Property Appraiser's website is 765 Sabalo Drive and
that is where this letter was mailed.
Motion: That the owner of the property at 765 Sabalo Drive be found in violation as
specified in Case # 77510, that they be given 30 days, until August 12, 2011, to come into
compliance and if they are not in compliance by that day, then a fine of $100.00 a day will
be imposed for every day thereafter until they come into compliance and further, that they
are required to call the City of Atlantic Beach and request an inspection to confirm that
they are in compliance and a failure to call will result in the fine being imposed until an
inspection is requested and completed finding no violations.
Motion made by Bernstein, Seconded by Dodaro
The motion was approved unanimously.
Minutes of the Code Enforcement Board on July 12, 2011 Page 6 of 8
C. 740 Sailfish Drive, Melinda Flores: Case #43810, violation of International Property
Maintenance Code adopted, Section 304.2 Protective treatment, Section 304.6 Exterior walls,
Section 302.4 Weeds; 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 that on February 24, 2011 she mailed a letter of violation
to the owner of record, Melinda Flores. She explained the violations which are IPMC 304.2
Protective Treatment, 304.6 Exterior Walls, there is rotten wood, City Ordinance Section 24.173
Neighborhood preservation and property maintenance standards, stating there is a dishwasher in
the front of the house, trash and a pile of sheetrock. She indicated that she had no response, so
on 6/14/11, a letter of violation was mailed, posted on the property and at City Hall and nothing
was done. She showed a photo of where she posted it. She reported that on 6/30/11, she posted
it again stating that we would be bringing it before the Code Enforcement Board. She showed
photos of the property as of 7/11/11.
Officer Stiles recommended that the Board find the property owners in violation and assess a
fine of $1 00.00 a day after giving 30 days to bring property into compliance which would bring
it to August 12, 2011.
Mr. Ouellette asked if Melinda Flores lives at that address. Officer Stiles confirmed that it is a
vacant house and stated that she lives at 3735 Rubin Road in Jacksonville. Ms. Bernstein asked
if she has had any correspondence with her at all. Officer Stiles answered no.
Motion: That the owner of the property at 740 Sailfish Drive, be found in violation as
specified in Case # 77510, that they be given 30 days, until August 12, 2011, to come into
compliance and if they are not in compliance by that day, then a fine of $100.00 a day will
be imposed for every day thereafter until they come into compliance and further, that they
are required to call the City of Atlantic Beach and request an inspection to confirm that
they are in compliance and a failure to call will result in the fine being imposed until an
inspection is requested and completed finding no violations.
Motion moved by Dodaro, Seconded by Bernstein
Chairman Martin stated that he'd like to have language written out so that each one of the Board
members can have it to refer to when they make motions. He suggested a form with samples.
The motion was approved unanimously.
5. Miscellaneous Business
Chairman Martin explained that at the last meeting, the Board discussed, at length, Excused
Absences and tried to incorporate the language as it appeared in the ordinance in our comments,
but our comments were not correct. He stated the minutes properly reflected what they said;
they just didn't say it right. He read the following from the code. "Members of the Code
Enforcement Board may be removed from office by the City Commission for cause upon written
charges and after a public hearing. Any member who fails to attend two of three successive
Minutes of the Code Enforcement Board on July 12, 2011 Page 7 of 8
meetings without cause and without prior approval of the Chair shall have his office declared
vacant by the Code Enforcement Board and the City Commission will promptly fill such
vacancy. Vacancies shall be filled by appointment by the Mayor and approval of the City
Commission for the unexpired terms affected."
Adjournment
There being no further discussion, the meeting adjourned at 7:26 p.m.
DI/
Ray Main, Chairman
owee,
Donna L. Bartle, Secretary
Minutes of the Code Enforcement Board on July 12, 2011 Page 8 of 8