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13April 2010 CEB MinutesCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES 7:00 P.M., Apri113, 2010 PRESENT: Vice Chairman Ron Pendleton Veda Bernstein Ray Martin Barbara Weiss Richard Ouellette Nicholas Dodaro EXCUSED: Chairman Carl Russell Juliette Hagist UNEXCUSED: AND: Michael Griffin, Building Official Eddie Lopez, Code Enforcement Officer Susan Gorman, Secretary Alan Jensen, City Attorney Suzanne Green, Prosecuting Attorney Vice Chairman Ron Pendleton called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance to the Flag by all present. Secretary Susan Gorman read the roll and determined that there was a quorum. 1. Approval of Minutes: Following a brief review, the Board voted unanimously to approve the minutes of the Code Enforcement Board meeting of March 9, 2010. 2. Vice Chair Ron Pendleton asked all Respondents and witnesses to step forward to be sworn in. 3. Old Business: None. 4. NEW BUSINESS: a. Cases # 9310, 9410, 5310: 61 Ardella Road Dave Boerem is the owner of the property at 61Ardella Road and was not present. Code Enforcement Officer Eddie Lopez presented evidence of Glazing, Rubbish Accumulation, and Construction/Storage violations. Officer Lopez gave his recommendation to find the Respondent in violation. Discussion ensued. April 13, 2010 Page 2. Vice Chairman Ron Pendleton asked the Board for a motion. Board Member Richard Ouellette motioned to find the Respondent in violation and the Respondent must come in full compliance by May 13, 2010 or pay a fine of $100.00 per day and for every day thereafter. Ray Martin seconded and the motion passed unanimously. d. Case # 121209: 89 4t" Street West was taken out of sequence and acted on at this time. Mervyn and Theresa Russell are the owners of the property at 89 4t~' Street West, but they were not present. Code Enforcement Officer Eddie Lopez presented evidence of Accumulation of Rubbish on the property and gave his recommendation for find the Respondents in violation. Discussion ensued. City Attorney Alan Jensen advised the Board to remember to find the Respondents in violation, and not the property. Barbara Weis motioned to find the Respondents in violation and they must meet full compliance by May 4, 2010 or pay a fine of $100.00 per day and for every day thereafter. Ray Martin seconded and the motion carried unanimously. e. Case # 13810: 85 Edgar Street was taken out of sequence and acted on at this time. Code Enforcement Officer Eddie Lopez advised the Board that Mr. James Smith is the owner of 85 Edgar Street, but is in full compliance at this time. Officer Lopez asked the Board to consider Case # 13810 closed. The Board agreed unanimously to accept the Code Enforcement Officer's recommendation. h. Case # 12110: 60 lOt" Street West was taken out of sequence and acted on at this time. Testamentary Trust is responsible for the property at 60 lOt~' Street West and representation was present. Code Enforcement Officer Eddie Lopez presented evidence of Accumulation of Rubbish on the property and gave his recommendation to find the Respondent in violation. Mr. Warren Rice addressed the Board and stated that he is the Executor of the Estate for the property at 60 10`" Street West. Mr. Rice took questions from the Board. Richard Ouellette motioned to find the Respondent in violation and the Respondent must meet full compliance by May 31, 2010 or pay a fine of $100.00 per day and for every day thereafter. Ray Martin seconded and the motion carried unanimously. Case # 15110: 2321 Mayport Rd. was taken out of sequence and acted on at this time. Amerada Hess Corp is the owner of the property at 2321 Mayport Road, but was not represented at the hearing. Code Enforcement Officer Eddie Lopez presented evidence of Rubbish Accumulation on the property and gave his recommendation to find the Respondent in violation. Discussion ensued. Vice Chairman Ron Pendleton asked the Board for a motion. Ray Martin motioned to give the Respondent until May 13, 2010 to come in full compliance or pay a fine of $100.00 per day and for every day thereafter. Veda Bernstein seconded and the motion passed unanimously. April 13, 2010 Page 3. j. Case # 11510: 429 Aquatic Drive was taken out of sequence and acted on at this time. Melissa Mendoza is the owner of the property at 429 Aquatic Drive and Code Enforcement Officer Lopez informed the Board that the Respondent is in compliance and he suggested that the Board consider the case closed. The Board unanimously agreed. g. Cases # 12309, 12509: 1400 Mayport Rd. was taken out of sequence and acted on at this time. Kurt Lynch is the owner of the property located at 1400 Mayport Road but was not present. Code Enforcement Officer Lopez presented evidence of Rubbish and Inoperable Vehicle on the property. Officer Lopez gave his recommendation to find the Respondent in violation. Discussion ensued. Barbara Weis motioned to find the Respondent in violation and the Respondent must come in full compliance by May 11, 2010 or pay a fine of $250.00 per day and for every day thereafter. Nicholas Dodaro seconded and the motion carried unanimously. f. Cases #10810: 1625 Richardson Lane was taken out of sequence and acted on at this time. Stephanie Green is the owner of the property located at 1625 Richardson Lane and was present. Code Enforcement Officer Eddie Lopez presented evidence of Inoperable Vehicle on the property and gave his recommendation to find the Respondent in violation. Stephanie Green addressed the Board and indicated recent efforts to come in compliance. Ray Martin motioned to table Case #10810 until the regular Code Enforcement meeting scheduled for May 11, 2010 and the Board would like verification of compliance at that time. Veda Bernstein seconded and the motion carried unanimously. c. Case #6110: 198 Poinsettia Street was taken out of sequence and acted on at this time. Wayne D. Scott is the owner of the property located at 198 Poinsettia Street and was present. Code Enforcement Officer Eddie Lopez presented evidence of Roof and Drainage violations on the property. Officer Lopez gave his recommendation to find the Respondent in violation. The Respondent addressed the Board. Mr. Scott asked the Board for additional time to come in compliance. Discussion ensued. Ray Martin motioned to find the Respondent in violation and the Respondent must come in compliance by June 8, 2010 or pay fines of $100.00 per day and every day thereafter. Richard Ouellette seconded and the motion carried unanimously. April 13, 2010 Page 4. b. Cases #23809, 3909: 872 Bonita Road was taken out of sequence and acted on at this time. Davie Thomas is the owner of the property located at 872 Bonita Road and was not present. Code Enforcement Officer Eddie Lopez presented evidence of Protective Treatment and Accessory violations on the property. Officer Lopez gave his recommendation to find the Respondent in violation. The Board addressed their questions to Officer Lopez. Richard Ouellette motioned to find the Respondent in violation and the Respondent must come in compliance by May 13, 2010 or pay fines of $100.00 per day and every day thereafter. Ray Martin seconded and the motion carried unanimously. k. Case # 1129-09: Sara Bohr is the owner of the property located at 2337 Seminole Road and was present at the hearing. Prosecuting Attorney Suzanne Green presented the case. Atlantic Beach Police Officer Mattox gave a statement to the Board concerning his successful attempts to rent the aforementioned property for less than thirteen weeks. Atlantic Beach resident and neighbor to the Respondent, Allison Forsyth, gave witness to personal knowledge and observation of short term rental activity at 2337 Seminole Road. Sara Bohr distributed materials to the Board, relative to the rental arrangements for 2337 Seminole Road. Officer Mattox took questions from Ms. Bohr and several witnesses were called by the Respondent. William Twyman addressed the Board and explained his rental arrangement with the owner of 2337 Seminole Road. Mr. Twyman conducts business with the Duval County School Board but is not a permanent resident of Florida. Atlantic Beach resident Keith Meiser gave witness to his observations regarding short term rental activity at 2337 Seminole Rd. and he indicated to the Board that he discussed the issue with the Respondent. Mr. Meiser indicated that he has not found cause to discuss the issue of short term rentals with the Respondent recently. The witnesses took questions from Board Members and discussion ensued. Vice Chairman Ron Pendleton asked the Board for a motion. Veda Bernstein motioned to find the Respondent was in violation, but not assess fines at this time. Future Short Term Rental violations by the Respondent will result in a $250.00 fine per day and every day thereafter until compliance is met.. Ray Martin seconded and the motion carried unanimously. 5. MISCELLANIOUS BUSINESS: Board Members agreed to schedule a regular meeting for May 11, 2010 at 7:00 pm in the Commission Chamber. April 13, 2010 Page 5. 6. Adjournment: No further discussion, meeting was adjourned at 9:05 '~usan Gorman, Secretary v i ~- :~_ ~.-~--e Ron Pendleton, Vice Chairman