01-9-18 CEB MinutesIN ATTENDANCE
Members:
Benjamin de Luna, Chair
Richard Lombardi
Lindsay Norman
Don Sasser
Whitney Heflin
Judy Workman
Louis Keith
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. — JANUARY 9, 2018
Brenna Durden, City Attorney
Deborah White, Code Enforcement Officer
Dayna Williams, Secretary
Kevin Hogancamp, Deputy City Manager
Chair Ben de Luna called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance to
the Flag.
Secretary Dayna Williams read the roll, finding a quorum was present.
1. Approval of Minutes of the Regular Meeting of November 14, 2017.
Motion: Approve the minutes of the Code Enforcement Meeting of November 14, 2017.
Moved by Norman, Seconded by Keith
Ms. Heflin asked for the minutes to be slightly altered on page 14, as she feels there is a slight
misstatement. Ms. Heflin stated in the minutes as written, Mr. Sasser stated the lien that was the
matter of discussion for Case 14-1335 was an asset of the City. She felt we had clarified during our
discussion that liens are not assets of the City and when we voted, we voted with the correct
understanding that the lien is not an asset, but rather a tool and a mechanism to enforce the code. She
wants the minutes to be clarified to reflect our understanding of the lien's status for the City of
Atlantic Beach. Discussion ensued regarding an amendment to the minutes.
Chair de Luna suggested Secretary Williams transcribe this section of discussion as an amendment to
the minutes for our next meeting.
City Attorney Durden recommended, as opposed to approving anything tonight, to delay the approval
of the minutes until you have an opportunity to have this section of the meeting transcribed and see
that before you so that you can ask for the minutes to be amended with some specific language.
Mr. Norman withdrew his motion and Chair de Luna instructed Secretary Williams to modify the
minutes in that section, as opposed to making an amendment, and we will bring it for approval at the
next meeting.
2. Administration of Oath to Defendants/Witnesses
Chair de Luna gave the oath to the defendants and witnesses.
3. Old Business
16-341 31 Royal Palms Dr RSNS dba Seafood Kitchen
Sec. 6-16. Adoption of Florida Building Code.
FBC Section 105 Permit 105.1 Require
Sec. 24-157. Fences, walls and similar structures
Code Enforcement Officer Debbie White stated this case has been brought before the Board several
times. She read the violation and stated she is deferring the case to the Deputy City Manager, Kevin
Hogencamp, and the City Attorney, Brenna Durden. She said Mr. Thomas, counsel for Seafood
Kitchen is also present.
Kevin Hogancamp, Deputy City Manager, thanked the Board for their volunteer service to the
community. He explained he is here tonight on behalf of the City Administration, stating his
appearance was preceded by consulting with the City Manager and the City Attorney, then reaching
out to Chair de Luna about the presentation tonight.
He is asking the Board to consider taking two votes as it relates to Case 16-341. First, he requests the
Board consider a motion for reconsideration of the November 14, 2017 Order finding Seafood Kitchen
in violation and requiring them to come into compliance by January 1, 2018. And, if that motion
prevails, he is asking them to consider granting Seafood Kitchen an extension until July 1, 2018 for
full compliance. He emphasized, we are not asking you to change your decision that a violation exists.
He explained several litigations have been filed regarding this case, and it is our understanding that a
trial is now set for May 10, 2018. He stated Seafood Kitchen has filed a Petition for Relief from the
Code Enforcement Board Order requiring full compliance by January 1, 2018. He said he would
answer any questions they may have or defer them to the City Attorney.
Chair de Luna stated Mr. Hogancamp contacted him and explained there was an issue regarding this
case and Chair de Luna requested the discussion take place in the open public record that we have here
as opposed to any discussion on the telephone.
Chair de Luna stated he received a copy of the Petition for Relief document (pursuant to Section 70.51
of the Florida Statutes) filed by Seafood Kitchen. He explained the document is a process by which
the parties would appoint a magistrate and come to a settlement of the dispute. He asked Secretary
Williams if the document had been copied and given to the rest of the Board and she stated no, she has
no knowledge of the document. He stated he is trying to give the Board an overview because they
have not seen the document. He stated this action has been filed by Seafood Kitchen to try to get the
parties to agree on a magistrate and come to some resolution of the Board's Order. Discussion
continued.
Ms. Durden stated Seafood Kitchen has not made this request. She stated the request presented by Mr.
Hogancamp is a City initiated request to reconsider the vote and to change the date for compliance.
She explained the process triggered through the Petition for Relief is basically an alternative dispute
resolution process. She continued to explain the process and emphasized, there is no request to change
your determination that a violation does exist.
Chair de Luna asked Ms. Durden why the City was making this request. She explained what the
Petition for Relief would require of the City and described the process. She stated this could be
avoided if the court takes action in May, and makes some determinations instead of the City going
through the process of the mediation. She stated we can allow the parties themselves to deal with
those issues that have direct impact on the way the outcome of this case is going to occur.
Minutes of the Code Enforcement Board on January 9, 2018 Page 2 of 7
Chair de Luna asked Ms. Durden if she had made a legal determination that Section 70.51 applies to
their Order. She stated 70.51 of the Florida Statutes is applicable and may be triggered to contest and
seek relief from an Order of this Code Enforcement Board.
Mr. Norman addressed Ms. Durden, stating he believes she is saying the decision making of this
Board would be facilitated by letting this court action run its course. She responded yes, that is
correct.
Mr. Lombardi stated this case has been going on for years and he has yet to hear a solution, it just
keeps going on and on and on. Chair de Luna asked Ms. Durden if she had thought through the
process as to how this was going to end. Ms. Durden stated the administration believes that it is better
for the City and better for all parties to allow the court to make the final determination, to determine
what the ultimate outcome might be. Discussion ensued.
Chair de Luna stated he did not believe we need a motion for reconsideration, we just need a motion to
delay the compliance date. Discussion ensued. Ms. Durden said her advice to the Board would be to
have a motion to reconsider the prior vote and then a new motion would be made. The new motion
would be to find them in violation with the requirement for compliance as of July 1, 2018. She
explained this Board has voted on the matter and, according to Robert's Rules of Order, the way to
change that vote is by a motion to reconsider.
Mr. Lombardi stated, suppose the owner does not agree with the court's decision, there are most likely
appeal processes he can apply to as well. Ms. Durden said that is correct, however, that does not mean
we will not have an order from the court. She stated we will have an order from the court and it will
inform this Board about the decision at the circuit court level. Mr. Lombardi commented, the court
could also handle any problem with the lien from the committee. Ms. Durden stated the only party
that can handle that lien is this Code Enforcement Board. She said the court could not undertake any
action to change the lien.
Attorney Scott Thomas, representing the owner of RSNS, apologized to the Board for the fact that
they were still here working on this case, and that there has not been compliance, as Ms. White stated
earlier. He went on to say the delay is not willful or defiant and explained some of the factors that
have been at play throughout the history of this case. He provided testimony as to why they chose to
file the Petition for Relief because they feel it is the best vehicle to increase the likelihood of an
amicable solution that addresses and rectifies the problem. Discussion ensued.
A lengthy, involved discussion continued about the Board's involvement in this case and the possible
scenarios that may occur should the Board elect to extend the compliance date as recommended by the
administration. Chair de Luna stated the City and the City Attorney have gotten this Board in the
middle of this litigation. Mr. Sasser stated he has concerns that the other party is going to question it,
because they were present and heard the discussion and the move by the Board at the November
meeting, and they do not know this is going on. Mr. Thomas stated this was a publicly noticed hearing
and he fully expected to see Mr. Nussbaum here tonight. He stated we are not meeting in secret, we
are not meeting on a matter that wasn't publicly noticed.
Motion: The Board moves to reconsider the November decision.
Moved by Norman, Seconded by Workman
Minutes of the Code Enforcement Board on January 9, 2018 Page 3 of 7
Discussion ensued.
Votes:
Aye: - 6 — Workman, Norman, de Luna, Sasser, Heflin, Keith
Nay: - 1— Lombardi
Motion Passed
Motion: The Board finds the property owner in violation and must obtain compliance on or
before July 1, 2018.
Moved by Norman, Seconded by Sasser
There was no further discussion.
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 here tonight for the Board. She stated at the meeting of November 14, 2017, the Board
granted him until January 1, 2018, for full compliance and he is not quite there yet. She said he is
working on it and has made great strides, but he still has some work to do and is not in compliance.
Staff recommends the Board find the respondent in violation and orders full compliance be achieved
one week from today. Failure to comply will result in a fine imposed of $100.00 per day fine for the
first day and $100.00 every day thereafter until full compliance is achieved.
Motion: The Board adopts the staff recommendation.
Moved by Sasser, Seconded by Keith
The motion was approved unanimously.
Ms. Durden asked Ms. White for clarification on what Mr. Lewis is required to do with the truck to
meet compliance. She stated if he puts the truck inside, it is not a problem. If he wants outside
storage of vehicles, he has to pave the area where he wants to store the vehicles. Mr. Sasser asked
what material it has to be paved with and Ms. White stated concrete, asphalt, bricks. Mr. Lewis asked
what else is required to keep the vehicle there and she said it has to be operable, licensed, tagged, etc.
17-564 20 Levy Road H & H Automotive
Sec. 24-173. Neighborhood preservation and property maintenance standards. (b)
Ms. White presented the case, reading the violations and showing photos of the property. She stated
the property is owned by H & H Automotive, but Mr. Lewis has leased the property and is using it to
store firewood. She said it is greatly improved but he has a couple of missing gates and is not in full
compliance. She said she would give the same recommendation as the last case, to give him a week to
obtain full compliance.
Minutes of the Code Enforcement Board on January 9, 2018 Page 4 of 7
Motion: The Board adopts the staff recommendation.
Moved by Lombardi, Seconded by Keith
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. 24-111 Commercial general districts (c)
Ms. White stated she is withdrawing the case, as there was no service.
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. Ms. White
stated Mr. Clement was before the Board at the last meeting, November 14, 2017, and the Board
granted him an extension until January 1, 2018 to come into compliance or impose a fine of $100.00
per day fine. She stated he still has some work to do, so he is not in compliance.
Staff recommends the Board find the property owner in violation of the Board Order from the
November 14, 2017 meeting for non-compliance of the January 1, 2018 deadline date and impose a
fine of $100.00 per day for the first day and $100.00 for every day thereafter until full compliance is
achieved.
Motion: The Board adopts the staff recommendation.
Moved by Keith, Seconded by de Luna
Ms. Heflin asked what the process was to notify the property owner of the Board's decision. Ms.
White explained they get an Order via certified mail and first class mail. Discussion ensued.
The motion was approved unanimously.
4. New Business
17-0186 1480 -Mayport Rd Jax Petro, LLC
IPMC Sec. 301.0 Vacant Structures and Land. All vacant structures shall be maintained in a clean,
safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or
adversely affect the public health or safety.
IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant
growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term
shall not include cultivated
Ms. White presented the case, reading the violations and showing photos of the property. She stated
this is an abandoned gas station and they were notified that they needed to clean it up. She stated Mr.
Minutes of the Code Enforcement Board on January 9, 2018 Page 5 of 7
Patel is the owner of the property and his secretary called and said her maintenance man had cleaned
up the property, but he had not. She stated the property owner, Mr. Patel, lives out of town and he
called to request she ask the Board for a couple of days to get it cleaned up and he would come and
make sure it is done.
Staff recommends the Board find the property owner in violation and orders full compliance be
achieved on or before January 15, 2018. Failure to comply will result in imposing a fine of a $100.00
per day for the first day and $100.00 for every day thereafter until full compliance is achieved.
Motion: The Board adopts the staff recommendation.
Moved by Norman, Seconded by Workman
Discussion ensued.
The motion was approved unanimously.
17-0139 741 Cavalla Road Cazares
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. 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.
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
IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant
growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term
shall not include cultivated flowers and gardens.
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.
Staff recommends the Board find the property owner in violation and orders full compliance be
achieved on or before January 23, 2018. The property owner is responsible for contacting the City
Code Enforcement Officer and obtaining an inspection of compliance.
Motion: The Board adopts the staff recommendation.
Moved by Norman, Seconded by Heflin
There was no further discussion.
The motion was approved unanimously.
Minutes of the Code Enforcement Board on January 9, 2018 Page 6 of 7
17-0147 745 Amberjack Lane Mayers
IPMC Sec. 301.0 Vacant Structures and Land. All vacant structures shall be maintained in a clean,
safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or
adversely affect the public health or safety.
IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant
growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term
shall not include cultivated flowers and gardens.
Ms. White stated they did not get service, but they are in compliance so this case will go away.
Miscellaneous Business
Mr. Norman asked Ms. White if she had managed to catch up on the backlog of cases she had when
she returned about a year ago. She said yes, she is caught up. The Board members thanked Ms. White
for all she does.
Mr. Keith noted that Commissioner Kelly attended the meeting tonight and thanked her for coming.
Chair de Luna commented on an email sent by Ms. Heflin to the Board members and reminded the
Board the importance of complying with the Sunshine Law. A brief discussion ensued.
Adjournment
Chair de Luna adjourned the meeting at 7:40 p.m.
Be, amin de Luna, Chair
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Dayna L. Williams, Sec etary
Minutes of the Code Enforcement Board on January 9, 2018 Page 7 of 7