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Code Enforcement Minutes 11-14-17IN ATTENDANCE Members: Benjamin de Luna, Chair Richard Lombardi Lindsay Norman Don Sasser Whitney Heflin Judy Workman ABSENT Louis Keith (Excused) CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES 6:00 P.M. — NOVEMBER 14, 2017 Brenna Durden, City Attorney Deborah White, Code Enforcement Officer Dayna Williams, Secretary Chair Ben de Luna called the meeting to order at 6:05 p.m., followed by the Pledge of Allegiance to the Flag. Chair de Luna stated we have two new members on our board and introduced Whitney Heflin and Judy Workman. He stated we have a lot of business and felt it would be best to do the formal introductions at the end of the meeting. Secretary Dayna Williams read the roll, finding a quorum was present. Approval of Minutes of the Regular Meeting of May 9, 2017. Motion: Approve the minutes of the Code Enforcement Meeting of May 9, 2017. Moved by Norman, Seconded by Sasser The motion was approved unanimously. 2. Administration of Oath to Defendants/Witnesses Chair de Luna gave the oath to the defendants and witnesses. Old Business Derek Reeves, Interim Community Development Director, stated part of his responsibility is that he is over Code Enforcement, however, he is here tonight as the planning element related to the Mayport Business Overlay District (MBOD). He gave an update on the Ordinance and how it impacts or affects several of the cases before the Board tonight. Mr. Reeves explained the MBOD is a defined area covering commercially and industrially zoned areas in the Mayport Road corridor. Within the MBOD is a defined list of permitted uses and uses -by - exception that are in addition to those permitted by the applicable zoning district. Outside storage is permitted when certain requirements are met. He stated the MBOD added a new list of permitted uses and explained how they may impact the Code Enforcement Board. 16-341 31 Royal Palms Dr RSNS dba Seafood Kitchen Sec. 6-16. Adoption of Florida Building Code. FBC Section 105 Permit 105.1 Required Sec. 24-157. Fences, walls and similar structures Code Enforcement Officer Debbie White presented the case, stating this is an ongoing case that was previously before the Board. She stated a stop work order was issued on August 16, 2016 for several items installed without permits. She stated the property owner and the previous property owner had items installed that encroached on the adjacent property owner. The Board had previously issued Orders and the last one was issued March 11, 2017, finding the respondent in violation for non- compliance with the previous Board Order issued January 10, 2017, and the Board granted an extension until September 12, 2017 to obtain compliance with the previous Order. Chair de Luna asked if the gate was now in compliance and Ms. White stated nothing is compliance. Carson Lange, Rogers Towers, P. A., representing Seafood Kitchen. She stated Seafood Kitchen applied for a fence permit today and the only other violation is with a cooler that encroaches on the neighbor's property. She stated, underlying that, is a property ownership dispute because the cooler has been there for 20 years and there is a dispute of who actually owns the property that the cooler is on. She continued to give testimony of all the steps Seafood Kitchen has taken to resolve this and they have now filed suit and have the case set for trial. Mr. Sasser asked why they can't move back the fence to the requirements and solve that issue, and why have they waited until today to file for the fence permit. He stated the permitting was discussed at the last meeting and it certainly should have been corrected after all this time. Chair de Luna stated this case has been going on for a year. He stated the Board is not taking sides, we are taking the law as it sits right now and the information we have from the surveys. He stated the surveys clearly show there is encroachment. He stated there is a violation and we have to move forward with this case. William Nussbaum, 334 E Duval St., representing Mr. Handler's Family Partnership in connection with the litigation instituted by RSNS. He stated, speaking to the RSNS case, he disagrees with Ms. Lange that the chances of RSNS prevailing in the litigation is great. He stated, we think it is not great. He stated they are after a prescriptive easement, not a change of ownership, and continued his testimony about what the law required and why he felt they would not prevail in court. He stated he personally visited the property and took a number of photographs of the alley way. He said it is a disaster and submitted the pictures to the Board for review. He urged the Board to rule today on the matters at hand. Steve Diebenow, 1 Independent Dr., stated he is an attorney with the prior law firm (engaged by Mr. Handler) that was before the Board. He stated our firm encouraged an offer to resolve this dispute before the parties have to go to litigation. He encouraged the Board to take action on the case and violations before them today. Minutes of the Code Enforcement Board on November 14, 2017 Page 2 of 16 Staff recommends the Board find the respondent in violation of the March 14, 2017 Board Order to achieve full compliance on or before September 12, 2017 and impose a $250.00 per day fine for the first day and $250.00 per day every day thereafter until full compliance is achieved. Motion: The Board adopts the staff recommendation. Moved by Norman, Seconded by Heflin Mr. Lombardi asked how expensive would it be to fix the violations, moving the cooler and cleaning up the back. Carson Lange, stated they have not been cited for cleaning up the back, but the encroachment of the cooler would be very expensive. Ms. White stated the violations at hand are the cooler and the fence installed without permits and encroaching onto Mr. Handler's property. Mr. Lombardi commented the cooler has been there many years. Ms. White stated it does not matter because it was not legal when they put it there. City Attorney Durden stated it does matter that the cooler has been there 20 years and is an important part of this case and, in her opinion, it is something the Board needs to take into account. Chair de Luna said he believes the Board has been patient and stated this has been going on for a year and a half. Ms. Durden said the only other comment she would like to make to the Board, is that they chose the September 12, 2017 date in their motion based upon the fact that they were going to be meeting in September. She said that meeting was not held and suggested they may want to consider a modification of that date. Amended Motion: Extend the date of compliance to January 1, 2018. Moved by Norman, Seconded by Heflin Ms. Lange asked when the January meeting would be and Ms. Durden stated it is January 9, 2018. Chair de Luna requested the pictures submitted by Mr. Nussbaum be marked as Exhibit 1 and be part of the RSNS case. The motion was approved unanimously. 16-397 763 Atlantic Boulevard Handler Family Partnership Sec. 6-16. Adoption of Florida Building Code FBC Section 105 Permit 105.1 Required Sec. 24-157. Fences, walls and similar structures Ms. White presented the case, reading the violations and showing photos of the property. She stated the cooler and the fence were installed by Seafood Kitchen. Staff recommends the Board hold this case in abeyance or dismiss it. Ms. White stated Mr. Handler is the victim, his property was encroached upon. Chair de Luna asked if she wanted to dismiss the case and she stated she has no problem dismissing it, as this is all out of Mr. Handler's control. Minutes of the Code Enforcement Board on November 14, 2017 Page 3 of 16 Motion: The Board adopts the staff recommendation. Moved by Norman, Seconded by Lombardi There was no further discussion. The motion was approved unanimously. 16-390 400 Levy Rd C QUEST PROPERTIES Sec. 24-111 Commercial General Districts (CG) (c) 24-173. Neighborhood preservation and property maintenance standards Sec. 24-154. (b)- Outdoor display, sale and storage of furniture, household items, merchandise and business activities outside of enclosed buildings. Ms. White presented the case, read the violations and stated the property in now in compliance. Staff recommends the Board find the property owner in compliance. Motion: The Board adopts the staff recommendation. Moved by Norman, Seconded by Lombardi There was no further discussion. The motion was approved unanimously. 17-558 76 Levy Rd Cox Construction Chapter 24. Land Development Sec. 24-111 Commercial General Districts (CG Ms. White presented the case, reading the violations and showing photos of the property. She stated this is a contractor in the overlay district and he is now in compliance. Chair de Luna questioned if it was in compliance if you can see things over the fence. Ms. White stated that would be a question for Ms. Durden, as she is more familiar with the new ordinance. Atillio Cerqueira stated with the new layover it is in compliance, as stated in the new ordinance. Chair de Luna asked Ms. Durden if that was her understanding of the new ordinance and she stated yes. Staff recommends the Board find the property owner in compliance. Motion: The Board adopts the staff recommendation. Moved by Norman, Seconded by Workman There was no further discussion. The motion was approved unanimously. 16-493 2337 Seminole Rd Sarah Bohr Chapter 24. Land Development Regulations Section 24-17. Definitions. Short term rentals Minutes of the Code Enforcement Board on November 14, 2017 Page 4 of 16 Ms. White presented the case, read the violations and stated the property in now in compliance. Staff recommends the Board find the property owner in compliance. Motion: The Board adopts the staff recommendation. Moved by Norman, Seconded by Workman Mr. Sasser asked Ms. White, in her opinion, is the business not going on anymore. She stated the short term rental is not. The motion was approved unanimously. 17-549 1480 Mayport Rd Jax Petro, LLC Chapter 24. Land Development Regulations 24-171(c)(1)(3) Dilapidated Canopy Ms. White presented the case, reading the violations and showing photos of the property, stating the property is now in compliance. Staff recommends the Board find the property owner in compliance. Motion: The Board adopts the staff recommendation. Moved by Sasser, Seconded by Lombardi There was no further discussion. The motion was approved unanimously. 17-570 24 Ardella Rd Peter and Carla Whalen Sec. 24-111 Commercial General Districts (CG) (c) 24-173. Neighborhood preservation and property maintenance standards Chapter 24. Land Development Regulations CG District Chapter 20 Business Tax Receipts Section 20-52. Levy Ms. White presented the case, reading the violations and showing photos of the property. She stated Mr. Whalen is part of the new MBOD. She stated, Mr. Whalen needs to come in and get a fence permit and landscape around the property to continue to run his business. In addition, his business tax receipt is for a home occupation and he needs to transfer it to a commercial business tax receipt at this location. Peter Whalen, 24 Ardella Road, stated at the last meeting things were postponed until there was a decision about the new ordinance and how they were going to enforce the regulations regarding fencing, landscaping and so on. He stated tonight is the first he has heard any of this information so he needs to get the information and move forward. Chair de Luna asked Ms. White what violations Mr. Whalen still needs to address. Ms. White stated he is a landscape contractor and needs to comply with the new MBOD requirements. She stated he needs to get a permit and fence off his equipment, put in landscaping and irrigation for the landscaping, and he needs to transfer his business tax receipt from his house to this location. Minutes of the Code Enforcement Board on November 14, 2017 Page 5 of 16 Ms. White asked Mr. Whalen how much time he would need to get a survey, a fence permit, a landscape plan and an irrigation plan to the City and get the work done. Mr. Whalen requested 120 days. Discussion and questions ensued regarding the amount of time to allow and providing an exact date. Staff recommends the Board find the property owner in violation and orders obtaining all required permits, fencing the property, landscaping the property, installing an irrigation system and transferring the business tax receipt to the commercial property on or before March 10, 2018. Failure to comply will result in a $100.00 per day fine being imposed. The property owner is responsible for notifying Code Enforcement to request an inspection to verify compliance. Motion: The Board adopts the staff recommendation. Moved by Sasser, Seconded by de Luna Discussion ensued regarding the time frame allowed and when the fine would be imposed. Chair de Luna suggested the new ordinance be distributed via the City newsletter or some other means. Ms. Durden stated she would relay the message and suggested the mailings be limited to the parties affected by the new MBOD. Chair de Luna agreed. The motion was approved unanimously. 17-563 .72 Levy Road Billy Lewis Sec. 12-1 Nuisances (b) Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) IPMC Sec.302.8 - Motor Vehicles Ms. White presented the case, reading the violations and showing photos of the property. She stated Mr. Lewis is also in part of the MBOD. Billy Lewis, 72 Levy Road. Chair de Luna asked Ms. White for an update on this case. She stated he was cited for motor vehicles and neighborhood preservation and property maintenance standards. She stated he has one inoperable vehicle and some items in the back. She stated he needs to move the vehicle, put up a fence, landscape and irrigate. He stated he cannot move forward until they issue him a permit. Ms. White stated he applied for the permit on March 22, 2017. Chair de Luna stated the new Ordinance did not become law until October of this year and suggested Mr. Lewis go back to the permitting office and resubmit. Chair de Luna asked Ms. White if Mr. Lewis was still in violation. She stated he was still in violation of all three violations cited on this case, because it is not screened from view. Chair de Luna asked Mr. Lewis how much time he needed to put up the fence. Mr. Lewis stated he could have it up in a day once a permit was issued. Motion: The Board finds the property owner in violation and orders full compliance be achieved on or before January 1, 2018. Failure to comply will result in a $100.00 per day fine being imposed. Moved by Sasser, Seconded by Heflin Minutes of the Code Enforcement Board on November 14, 2017 Page 6 of 16 Discussion ensued. The motion was approved unanimously. 17-637 580 Mayport aka 56 W 6th St Atillio Cerqueira Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. IPMC Sec. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. Chapter 24. Land Development Regulations. CG District Permitted Uses Sec. 24-154. (b)- Outdoor display, sale and storage of furniture, household items, merchandise and business activities outside of enclosed buildings. Sec. 24.154 Outdoor display, sale and storage of furniture household items, merchandise and business activities outside of enclosed buildings. * (g) Within all non-residential zoning districts, the outside display of products, or outside sale of furniture, clothing, dry goods, hardware or other similar merchandise, equipment and materials, and also street vendors, shall be prohibited. Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well being of the community Ms. White presented the case, reading the violations and showing photos of the property. She stated this is the recycling business that was previously before the Board at the May 9, 2017 meeting and the Board had given them until September 1, 2017 to be in compliance or a $250.00 per day fine would be imposed. She stated, since then, we have had this Ordinance change and they are part of the MBOD. She stated the issue with this property is they have nowhere to install a fence for their outside storage. She stated they cannot put it on the parking lot because that obstructs their required parking. Michael Perry, 56 W 6th St., Beaches Recycling Center, explained in order for them to be in compliance they had to remove their 40 yard roll -off container. He stated they can no longer buy steel because they cannot have the container and it was a huge part of their business. He stated they have managed to get it cleaned up and it will remain cleaned up. Discussion ensued. Motion: The Board finds the property owner in compliance. Moved by Norman, Seconded by Sasser There was no further discussion. The motion was approved unanimously. Minutes of the Code Enforcement Board on November 14, 2017 Page 7 of 16 17-564 20 Levy Road H & H Automotive IPMC Sec.302.8 -Motor Vehicles Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Ms. White presented the case, reading the violations and showing photos of the property, stating this property is also in the MBOD. She stated this property is adjacent to Mr. Lewis' business and he stores his firewood on the lot. She stated Billy Lewis is the tenant and H & H Automotive is the property owner. She said Mr. Lewis has applied for a fence permit to screen the property. Billy Lewis, 72 Levy Road, stated they got a permit two weeks ago and put up a fence and all the wood is housed inside a privacy fence area. Ms. White asked if he got rid of a trailer that was on the property and he said yes. She stated he is still not in compliance, he needs to put in irrigation and landscape in front of the fence. Motion: The Board finds the property owner in violation and orders full compliance be achieved on or before January 1, 2018. Failure to comply will result in a $100.00 per day fine beim imposed. Moved by de Luna, Seconded by Norman There was no further discussion The motion was approved unanimously. 17-559 0 W 101 St vacant lot Midland IRA Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Outside Storage (comm) Sec. 24-173(b)(1) Ms. White presented the case, reading the violations and showing photos of the property. She stated this is a vacant lot and typically there are vehicles stored there. She said there is a pile of debris on the lot and if it was fenced, landscaped and screened we would not see that. She stated Mr. Cerqueira owns 70 Levy and this vacant lot and he is present and would like to address the Board. Atillio Cerqueira, 36 W 6` Street, stated he applied for a permit for landscaping and fencing last week. He stated they sent back some questionnaires and he needs to make some adjustments to the permit application. He expressed concerns that the zoning department seems to take quite a long time to get a permit. He stated, once he gets the permit it should take 60 to 90 days to complete the work. Mr. Sasser asked who we should address in the City to find out why this is happening. Mr. Cerqueira stated Derek Reeves is in charge of the department. Ms. Durden asked Mr. Cerqueira if he received comments from Derek Reeves after submitting the permit last week. He stated that is correct. She pointed out that it had been about a week and she felt that was pretty responsive, and he agreed. Chair de Luna asked the witness if he realized the ordinance was passed less than 30 days ago, and Mr. Cerqueira stated yes. Discussion continued. Chair de Luna asked the witness how much time he needed and Mr. Cerqueira stated he would like to have until March 13, 2018, to complete the work. Minutes of the Code Enforcement Board on November 14, 2017 Page 8 of 16 Motion: The Board finds the property owner in violation and orders full compliance be achieved on or before March 10, 2018. Failure to comply will result in a $100.00 per day fine being imposed. Moved by Heflin, Seconded by de Luna There was no further discussion The motion was approved unanimously. 17-561 70 Levy Rd Midland IRA Outside Storage (comm) Sec. 24-173(b)(1) IPMC Sec. 302.8 Motor Vehicle Ms. White presented the :case, reading the violations and showing photos of the property. She stated the motor vehicle portion of the violation is in compliance. She stated there is still some wood and two trailers and if it was fenced in, we would not see it. Atillio Cerqueira stated his intent is to put up a fence and landscape the area. He stated he has applied for a permit and would like to have until. March 10, 2018, to complete the work. Motion: The Board finds the property owner in violation and orders full compliance be achieved on or before March 10, 2018. Failure to comply will result in a $100.00 per day fine beim imposed. Moved by Sasser, Seconded by Workman There was no further discussion The motion was approved unanimously. 17-562 74 Levy Rd C Quest Properties Outside Storage (comm) Sec. 24-173(b)(1) IPMC Sec. 302.8 Motor Vehicle Ms. White presented the case, reading the violations and showing photos of the property. She stated this is now in compliance. Discussion ensued. Motion: The Board finds the property owner in compliance. Moved by Norman, Seconded by de Luna There was no further discussion. The motion was approved unanimously. 17-551 10 Donner Unit 20 Donner B & K Properties Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Sec. 24-1.11 'Commercial general districts (c) Ms. White presented the case, reading the violations and showing photos of the property, stating this property is also in the MBOD. She stated the tenant moved into this space and brought in a forklift Minutes of the Code Enforcement Board on November 14, 2017 Page 9 of 16 that he stored outside for months. She said the forklift is no longer there, but he is still in violation of outside storage. Staff recommends the Board find the property owner in violation and order full compliance on or before January 2, 2018. Failure to comply will result in a $100.00 per day fine being imposed. The property owner is responsible for notifying Code Enforcement to request an inspection to verify compliance. Motion: The Board adopts the staff recommendation. Moved by Norman, Seconded by de Luna There was no further discussion. The motion was approved unanimously. 17-614 501 Mayport Road Regina Rosenstein Sec. 17-41 (b) Damaged signs and poorly maintained signs. Sec. 17-51. - Nonconforming signs ec. 17-41 (b) Damaged signs and poorly maintained signs Ms. White presented the case, reading the violations and showing photos of the property. She stated this sign was at the Hannah Park Food Mart and they were cited to remove the sign, which they did. She stated they installed a new sign, but did not get a permit. She stated they are in compliance with the first violation, Sec. 17-41 (b), however, she does not know if they are in compliance with Sec. 17- 51, because she does not know if the sign conforms to the code or not, because they did not apply for a permit. Discussion ensued. Ms. White stated she has not specifically cited them for not having a permit for the new sign. Mr. Sasser stated we need to find them in compliance and go back and cite them for the sign constructed without a permit. Motion: The Board finds the property owner in compliance. Moved by Sasser, Seconded by Norman There was no further discussion. The motion was approved unanimously. 4. New Business 17-0113 2337 Seminole Road Sarah Bohr Sec. 24=108. - Residential, multi -family district (RG -M). (b)Permitted uses. Ms. White presented the case, reading the violations and showing photos of the property. She stated Ms. Bohr had been advertising and renting her property periodically for wedding venues and she has. subsequently ceased that operation. Staff recommends the Board find the property owner in violation for the time in violation and now in compliance. Minutes of the Code Enforcement Board on November 14, 2017 Page 10 of 16 Sarah Bohr, stated the last time she was before the Board she ceased everything that day. Motion: The Board adopts the staff recommendation. Moved by Lombardi, Seconded by Heflin There was no further discussion. The motion was approved unanimously. 17-670 400 Levy Road C Quest Chapter 24 - Fences, walls and similar structures. Sec. 24-157 Fences, walls and similar structures. (b) Height and location. (1) Within required front yards, the maximum height Sec. 24-157. Fences, walls and similar structures. (a) Permit required Ms. White presented the case, reading the violations and showing photos of the property. Ms. White stated the fence was put up without a permit and has now been removed. Staff recommends the Board find the property owner in compliance. Motion: The Board adopts the staff recommendation. Moved by de Luna, Seconded by Norman There was no further discussion. The motion was approved unanimously. 17-671 343 19' St Yeveni Ozimkovski Sec. 24-151. - Accessory uses and structures Ms. White presented the case, reading the violations and showing photos of the property. She stated Mr. Ozimkovski built a playhouse for his children, unfortunately he put it in the wrong place. She stated he lives on a corner lot and he put in on the corner, right up to the property line. She stated he can keep the playhouse but it will have to be moved. She stated she spoke with him about the issue and sent him a survey showing him where he could place the playhouse, but he has not moved it. Yeveni (Eugene) Ozimkovski, 343 191h Street, explained the playhouse has about 500 pounds of concrete in the posts to make it safe for his children. He stated he asked Ms. White if he could apply for a variance and she referred him to Derek Reeves. He explained he has left messages for the Zoning Department to inquire about applying for a variance but has not received a response Ms. Workman asked the witness if he applied for a permit because it does not have the setbacks. He stated he did not get a permit and Ms. White explained he does not need a permit for a playhouse, but he has to meet the setbacks. Ms. White stated it is not a building issue, it is a setback issue and he needs zoning approval. Discussion ensued. Ms. Durden suggested the Board give a specific time frame for Mr. Ozimkovski to apply for a variance request to bring before the Community Development Board, which meets on a monthly basis. Minutes of the Code Enforcement Board on November 14, 2017 Page 11 of 16 Motion: The Board orders full compliance be achieved on or before March 10, 2018 by obtaining a variance or moving the structure. Failure to comply will result in a $100.00 per day fine being imposed. Moved by Heflin, Seconded by Norman There was no further discussion. The motion was approved unanimously. 17-0048 1390 Rose Street Gregory Hutto Sec. 24-164 Swimming Pools (c) Fences Ms. White presented the case, reading the violations and showing photos of the property. She stated Mr. Hutto has a swimming pool in his back yard and is required to maintain a secured fence. She stated he has fixed the areas of his fence which were not secure, however, his neighbor has an adjacent fence that is also Mr. Hutto's responsibility to maintain and secure because he is the one with the swimming pool. She stated she discussed that with him today and he is here to address the Board. Gregory Hutto, 1390 Rose Street, stated his neighbor's fence abuts his property and he has no problem replacing the fence and requested a couple of months to get the job done. Discussion ensued about the importance of completing the work as quickly as possible because of the safety issue. Staff recommends the property owner be found in violation and future violations will result in an automatic fine of $250.00 per day the fence is not properly secured to prevent access. Discussion ensued to determine if the property was in compliance. Ms. White stated, as of today; Mr. Hutto is okay as far as somebody having access to the property to get into the swimming pool. Motion: The Board finds the property owner in violation for the time in violation and now in compliance and future violations will result in an automatic fine of $250.00 per day the fence is not properly secured to prevent access. Moved by de Luna, Seconded by Norman Discussion continued. The motion was approved unanimously. 17-0117 405 Royal Palms Drive Kenyatta Ramsay Sec. 6-16. Adoption of Florida Building Code Ms. White presented the case, reading the violations and showing photos of the property. She stated this house was a foreclosure that was purchased and they added two pergolas and a storage building without permits. Paul Frase, building contractor hired by the property owner Kenyatta Ramsey to do the renovations. He stated that Mr. Ramsey had been present earlier in the meeting, but had to leave. Mr. Frase stated he was going to get the permits and bring the structures into compliance. Minutes of the Code Enforcement Board on November 14, 2017 Page 12 of 16 Motion: The Board finds the property owner in violation and orders full compliance be achieved on or before March 1, 2018. Failure to comply will result in a $250.00 per day fine beim imposed. Moved by Norman, Seconded by Sasser Discussion continued. The motion was approved unanimously. 17-603 115 Saratoga Cir S Larry Clement Sec. 24-157. Fences, Walls and Similar Structures (c) Maintenance of fences. Fences that have been allowed to deteriorate to an excessive degree Ms. White presented the case, reading the violations and showing photos of the property. She stated the fence is a mess and he is not in compliance. Staff recommends the Board find the property owner in violation and allow 30 days to repair or remove the dilapidated fence. Failure to comply will result in a $100.00 per day fine for the first day and $100.00 every day thereafter the violation continues to exist. Motion: The Board adopts the staff recommendation. Moved by Norman, Seconded by Heflin Discussion ensued. The motion was approved unanimously. 5. Rehearing 14-1335 1202 Jasmine Street Pillar, LLC Section 22-74. Installation of toilet facilities required: connection of facilities to public sewer. (c) Ms. White presented the case, reading the violations and showing photos of the property. She summarized the background of the case, referring to the case history report provided to the Board. She stated the property went into foreclosure and a fine of $44,293.50 accrued for the time the property was not in compliance. She stated it was subsequently purchased by Pillar, LLC and they have brought it into compliance. Mr. Sasser asked Ms. White if Pillar, LLC purchased the property knowing there was a lien and she stated yes. Mr. Sasser commented that he has trouble with the City forgiving the lien, stating investors should do their due diligence before buying a property. Shawn Griffith, with Pillar LLC, addressed the comments from the Board, stating it was not exactly accurate. He stated he did not know about the lien when they purchased the property on an auction site and the auction site does not disclose that information. He explained the steps they took to investigate the property, stating perhaps our due diligence was not the best, but we did not find that information. Minutes of the Code Enforcement Board on November 14, 2017 Page 13 of 16 Discussion continued at length regarding the fact that the lien was recorded and was public record and available for anybody to search to ensure there were no liens on the property. Mr. Sasser stated the issue before the Board is the lien on the property. He stated he buys real estate and if he were to go to an auction and bid on it at auction and not go look at the public record, then he's taking that on himself. Mr. Griffith stated he is telling them the facts as he knows them, and he is telling them that he did not do as good a job with due diligence, but to be penalized for that will put that lot at a cost that would not be economically feasible for him to build on that lot. Mr. Norman asked if it would be inappropriate for the Board to at least recoup the expenses that the City of Atlantic Beach (COAB) has had in this case. Chair de Luna stated, absolutely, but what Mr. Griffith is asking, he took the risk, and he is asking the COAB to pay for that risk. Mr. Griffith stated no sir. He said, my actual statement in the package he gave Ms. White is that he is suggesting that he pay the water connection fee, which is $6,410.00, and a nominal administration fee to the COAB. Chair de Luna stated, yes, but there was a lien on this property in which the COAB would be collecting if somebody had looked at that and he would have not paid $65,000.00, but $44,000.00 less for the lot, right? Mr. Griffith said no. Chair de Luna said yes. If he made the decision that it is worth $65,000.00 and he sees that there is a lien for $44,000.00, then he could offer $21,000.00. Mr. Griffith stated he did not have the opportunity to negotiate that with them. Chair de Luna stated he understands that, but he took the risk and he is asking the COAB to pay, or basically waive the $44,000.00. Mr. Griffith stated he is asking the COAB to allow this property to be economically feasible to build on. He is trying to create economic development and value to the community. Ms. Heflin stated she appreciates the desire to improve the value of our City. She stated her struggle is that if we don't let the lien process work, then we can't enforce it. The reason for it is for us to collect monies that are due to the City, and to say that we are going to waive that process because people don't have good due diligence practices in place, where does that stop for us. Mr. Griffith .stated he does not know where it stops for them, but he does know if they decide to do this, then he will be unable to build a house on that lot, which creates a snowball effect. He said he has admitted his mistake, but to be penalized, he doesn't feel that is correct either. Ms. Workman asked Ms. White if her staff recommendation written in the case history still stands, and Ms. White stated yes. Staff recommends the Board find the property owner in compliance and impose a fine of $1000.00 to cover the administrative fees for prosecuting this case. Ms. White explained that Mr. Griffith purchased the property and called her about the fine. She explained to him what he needed to do to get the property in compliance. She told him to hook to the sewer or tear the house down, and she said he immediately tore the house down and we got compliance. Ms. White stated her goal is to get compliance, she does not want the money. She agreed that the City needs to cover the costs involved with prosecuting the case, but she does not feel it is the purpose of this Board to make money. Chair de Luna stated it is the purpose of the Board to make sure their Orders are complied with, and the lien is that item or factor, otherwise we might as well not even be here. He stated the property law has been in existence for hundreds of years, and to say the lien is out there, properly filed, the whole procedure done, and now we can just wipe it off because a Minutes of the Code Enforcement Board on November 14, 2017 Page 14 of 16 person decides not to look for it. That does not help enforcement in anyway, if anything, it hurts it. He stated, this lien process has to be followed, otherwise we might as well not issue Orders. Mr. Griffith reiterated his due diligence was not the best, but he came into compliance within twelve days. He stated the City of Atlantic Beach is not out any money based on the interest or the accrual of the interest. Mr. Sasser stated sure they are, that's a debt to the City and that is why we record them. Mr. Griffith stated, but the City hasn't paid it, so they are not out anything. Mr. Sasser concurred. Motion: The Board adopts the staff recommendation. Moved by Workman, Seconded by Norman Discussion ensued regarding how the Board has handled similar cases in the past. Chair de Luna stated we have reduced fines on a case by case basis, but the lien has been supported in every instance. Mr. Norman expressed why he was eager to second the motion. He stated he fully supports his colleagues in the sanctity and importance of the lien process, but he also does not feel it is the role of this Board to punish a resident who, in good faith, has come forward and wants to make an improvement on the property. He stated he does not believe it is appropriate for this Board, in part of its punishment for the property owner not doing the proper due diligence, to make it so that he cannot improve the property. Mr. Lombardi disagreed, stating we are not punishing him. Mr. Sasser added, he doesn't feel it is a punishment, it is a realization that a lien was recorded on the property. He stated that is something owed to the City of Atlantic Beach, and he cannot support that motion. Chair de Luna concurred, he cannot support the motion. He stated he believes we need to have some teeth to our Orders and that is the lien. He stated there is a lien process and there is a way of finding that information and he is sorry that Mr. Griffith didn't find it. He explained the teeth this Board has is the lien; ordering the compliance and assessing the penalty and then collecting the lien. He stated he would be amenable to reducing the $44,293.50 to some figure, but not to reduce it to zero. Mr. Griffith stated it should not be based on $44,293.50, but based on the original amount of the lien when he purchased the property which was $27,000.00. Votes: Aye: - 2 — Workman, Norman Nay: - 4 — de Luna, Lombardi, Sasser, Heflin Motion Failed Ms. Heflin asked if the Board had any precedence for what we have done in terms of lien adjustment, because we appreciate the intent, but an investor needs to look for those things. There is a reason why we perform due diligence. The City has recorded a receivable, we base taxes on that in future years, that is how we pay our police officers. Mr. Griffith and Ms. White both stated that isnot correct. Mr. Griffith stated these are not considered receivables and Chair de Luna concurred, stating it is not budgeted. Mr. Griffith explained the $250.00 per day fine and the interest is a fee that is not on your books. He stated the only fee on your books is the administrative costs of managing that lien during that time frame. He said he agrees he should pay something, but he does not feel $27,000.00 is a realistic number. Minutes of the Code Enforcement Board on November 14, 2017 Page 15 of 16 Motion: The Board finds the property owner in compliance and reduce the accrued fine to $27,000. Moved by Sasser, Seconded by de Luna Votes: Aye: - 4 —de Luna, Lombardi, Sasser, Heflin Nay: - 2 — Workman, Norman Motion Carried 6. Miscellaneous Business Chair de Luna welcomed the two new members of the board, Judy Workman and Whitney Heflin, and suggested each board member introduce themselves. Introductions were made by all and compliments were given to Ms. White for the excellent job she does as the Code Enforcement Officer. Chair de Luria brought up the Sunshine Law and a brief discussion ensued. Adjournment Chair de Luna adjourned the meeting at 9:46 p.m. i� Benj in de Luna, Chair 04)" wfwwl�) Dayna L. Williams, Secretary Minutes of the Code Enforcement Board on November 14, 2017 Page 16 of 16