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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 r'JOWM4' V&fie ` a6" Dayna L. Williams, Sec etary Minutes of the Code Enforcement Board on January 9, 2018 Page 7 of 7