9-13-11 MinutesCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. - September 13, 2011
IN ATTENDANCE:
Chairman Ray Martin
Juliette Hagist
Richard Ouellette
Barbara Weiss
Ian Luthringer, Alternate
ABSENT:
Vice Chair Veda Bernstein (Excused)
Nicholas Dodaro (Excused)
Ron Pendleton(Excused)
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 6:02 p.m., followed by the Pledge of
Allegiance to the Flag by all present.
City Clerk Donna Bartle read the roll, finding a quorum was present.
1. Approval of Minutes
Motion: Approve minutes of the Code Enforcement Board meeting of July 12, 2011.
Moved by Hagist, Seconded by Weiss
The motion was approved unanimously.
2. Administration of Oath to Defendants/Witnesses
Chairman Martin gave the oath to the defendants and witnesses.
3. Old Business
Chairman Martin asked if anyone had anything under old business that they would like to raise at
this time. Ms. Weiss asked if they could get a final report on Mr. Griffin's visit to Mr. Brown's
property. Mr. Griffin stated that October 26, 2011 would be the date that the City Commission
could direct the City Attorney to collect on the lien. He stated that the second order was
recorded July 26, 2011, so the three months would be October 26, 2011. Mr. Martin asked if
there were any other questions from the Board. Mr. Ouellette asked for more information about
the lien. Mr. Griffin explained that for all the fines that have accumulated up until that date the
City Attorney would cause a lien to go against the property. He stated the Board had ordered that
the lien be collected at $15,000, but the Statute says that we cannot collect or start any lien
enforcement until three months following the recording of the lien. We are now within that three
month window which will expire October 26, 2011. Mr. Martin believed that the Board's
recommendation was for the matter to be taken to the City Commission for further action. He
asked if that had occurred. Mr. Griffin stated that the City Manager informed City Attorney
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Alan Jensen of the Board's action and determined that they could not take any action legally
until the order was recorded and three months have passed.
Ms. Hagist asked if the fine was going to stand at $15,000. Mr. Griffin stated no, and that it was
still collecting each day.
Mr. Ouellette stated he did review the minutes and he complimented the person who had
composed them, as they accurately reflected the conversation they had with Mr. Brown.
However, he thought we were incorrect in allowing Mr. Brown to dictate who could and could
not come onto his property. He believed that, in the future, we may want to review this policy.
Ms. Hagist agreed with his statement. Chairman Martin took this opportunity to point out that we
are observing Robert's Rules of Order, and the reason the minutes were an accurate reflection of
our conversation was because we spoke in order and we weren't talking over each other and we
want to be sure we continue doing that so that we can have our minutes accurately recorded.
That's the whole purpose of this process.
Mr. Griffin stated that when Mr. Brown said Ms. Stiles could no longer go on his property we
would have had to get an inspection warrant to go onto his property. So by me making the
inspection, it was not really accommodating Mr. Brown, we were making it a little easier for us
to complete the process. Mr. Martin stated he felt partially responsible for us moving the way
we did. He stated that the matter before us was getting on Mr. Brown's property for an
inspection at a specific time and we had an opportunity to do that the next morning at ten o'clock
which was what we wanted.
Ms. Hagist was concerned that anybody could get angry at Mike or Kathy and say you can't
come on my property anymore. Mr. Martin stated that in the event that happened we would
pursue it further, however, we got access to the property in this case.
4. New Business
A. 705 Sailfish Drive, Matthew J. Smith, Case #74810: violation of 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. She stated the property ownership
was determined by Duval County Property Appraiser's website, her inspection was prompted by
a routine survey, proper notice was achieved by Certified Mail, and she has spoken with
someone in control of the property. She showed photos of the property from the beginning up
until yesterday, September 12, 2011 and pointed out the issues in each photo. She reported that
Mr. Smith has made a lot of progress but still has some items to remove. She explained in order
to correct the violations, the milk crates, propane tanks, storage bins, luggage carrier for car, and
lumber must all be removed from the back yard or placed in a proper storage building. She
recommended that the Board find the property owner in violation and Order that compliance be
obtained on or before October 14, 2011 or a fine of $100.00 be imposed for the first day and
$100.00 every day thereafter the violation continues to exist. In addition, any fine shall also
include the administrative costs the city incurred in prosecuting this case. The property owner is
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responsible for contacting the City Code Enforcement Officer and obtaining an inspection of
compliance.
Chairman Martin referred to the Officer Statement Form and explained it tracks exactly what is
in Kathy's presentation and the language she uses in her recommendation. He explained that you
can frame the perfect motion by using the language in the form and by inserting the dates and the
amounts of her recommendation, if that's what you believe we should do. Mr. Martin also
pointed out that Mr. Griffin has requested that we allow Ms. Stiles to go through her entire
presentation before we ask any questions. Mr. Martin asked the Board to use the form provided
when forming their motions.
Motion: It has been moved that the board find the property owner in violation and order
that compliance be obtained on or before October 14, 2011 or a fine of $100.00 be imposed
for the first day and $100.00 for every day thereafter that 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 Ouellette, Seconded by Weiss.
The motion was approved unanimously.
5. Miscellaneous Business
Chairman Martin welcomed Mr. Luthringer as a regular member.
Adjournment
There being no further discussion, the meeting adjourned at 6:20 p.m.
L Williams, Secretary
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