Loading...
07-10-18 MinutesMINUTES CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD JULY 10, 2018 -6:00P.M. IN ATTENDANCE Members: Benjamin de Luna, Chair Brenna Durden, City Attorney Richard Lombardi Shane Corbin, Community Development Dir. Lindsay Norman Deborah White, Code Enforcement Officer Judy Workman Toni Gindlesperger, Code Enforcement Officer Louis Keith Donna L. Bartle, City Clerk, Secretary Whitney Heflin Absent Don Sasser (Excused) 1. Call to Order Chair Ben de Luna called the meeting to order at 6:00p.m., followed by the Pledge of Allegiance to the Flag. Chair de Luna recognized Mayor Glasser and Commissioner Kelly in attendance. 2. Roll Call Secretary Donna Bartle read the roll, finding a quorum was present. 3. Approval of the Minutes of the Regular Meeting on March 13, 2018. Motion: Approve the minutes of the Regular Meeting on March 13, 2018. Moved by Norman, Seconded by Keith Motion passed unanimously. 4. Administration of Oath to Defendants I Witnesses Chair de Luna administered the Oath to the defendants and witnesses. 5. Old Business CASE#: 16-341 NAME: RSNS ( dba Seafood Kitchen) ADDRESS: 31 Royal Palms Drive Code Enforcement (CE) Officer White addressed the Board and stated Shane Corbin, Community Development Director (CDD) will present the case. Mr. Corbin stated, at the direction of Administration (City Manager's Office), he is requesting the fines on this case be deferred until the September meeting and stated it would be in the best interest of the tax payers. Mr. Corbin explained that the petitioner has filed a petition for relief against the City for the citation. Mr. Corbin said there is also an ongoing civil matter between the two adjacent property owners and he requested City Attorney Durden to address the Board at this time. Chair de Luna stated the presentation needs to include that this case has been going on for two years. City Attorney (CA) Durden addressed the Board and stated she is aware this case has been going on for two years. Ms. Durden explained that Administration is again requesting deferral of the accrued fines (previously requested in January 20 18) because of the ongoing civil litigation between the two adjacent land owners. Ms. Durden summarized that the petition for relief is an alternative dispute resolution process, per Chapter 71 of the Florida Statutes (FS), establishing a non-judicial process for mediation of a dispute, requring local government involvement. This could be a lengthy and expensive process and is why the City's Administration does not want to pursue. Chair de Luna inquired of CA Durden who she was representing-the City or the Board? CA Durden responded she represents the Board. Ms. Durden stated that she is explaining the nuances of the petition for relief at the request of Mr. Corbin and because she is more familiar with the facts. Scott Thomas, Attorney representing this property (RSNS), took the floor to address the Board. Mr. Thomas explained that the civil litigation case was before Judge Wallace in May 2018 but, due to health issues of the adjacent property owner, Mr. Handler, the case was continued for trial on November 8-9,2018. There is a mediation scheduled for September 8-9, 2018. There was an inquiry as to what a satisfactory outcome could be. Mr. Thomas responded it would be that the property owners resolve the use for ownership issue either through litigation or through mediated settlement. Then the next step would be for his client to seek a waiver/variance for the setback from the City. Board members commented about this being a personal dispute with the expectation of relief from the City and that Code Enforcement should back out until there is complete resolution between these two property owners. William Nussbaum, Attorney representing Handler Family Partnership, took the floor to address the Board. He spoke about the violation citations (RSNS) for the cooler, the fence, and the encroachment onto the adjacent property (his client). Mr. Nussbaum displayed photos and will submit for the record. He stated he thinks the City can and should enforce compliance for these violations. Scott Thomas, Attorney representing RSNS, wished to respond. Mr. Thomas stated it is his understanding that Mr. Nussbaum's client never had issue with the alleyway until the code enforcement action began. CE Officer White displayed photos and confirmed that nothing has changed -still in violation. Chair de Luna inquired what the cost to the City would be for the petition for relief. CA Durden responded that Administration is asking the Board to defer the accrual of the fines so that the City does not have to go forward with the petition for relief that has been filed against the City. Ms. Durden explained this petition is not a judicial process, but goes before a mediator selected by both sides, Atlantic Beach and RSNS/Seafood Kitchen. The Legislature established this as a way to allow a dispute between a local government and land owner to proceed. It is very time consuming and labor intensive for City staff as well. Ms. Durden stated it is her understanding that Administration Minutes ofthe Code Enforcement Board on July I 0, 2018 Page 2 of13 wants the civil litigation resolved between the two patiies first. She stated it all depends on the outcome of the case. Discussion ensued among the Board members about not having cost figures relating to a petition for relief, case facts presented by code enforcement staff are what is before the Board, the Board is not privy to the civil litigation, and this Board is obligated to enforce the code of Atlantic Beach. CA Durden estimated the costs to the City for a petition for relief as ranging from approximately $17,000 to $27,000. Ms. Durden reiterated the Board has made the determination that there is a violation and the question is when the fines will begin to accrue. Should the Board choose to enforce the fines to accrue beginning this date, CA Durden stated the City will be forced to entetiain the petition for relief process. This is why Mr. Gerrity, Mr. Hogencamp, and Mr. Corbin have asked the Board again to consider deferral of the fines. Motion: To impose a $150.00 per day fine starting July 11, 2018 until full compliance is achieved. Moved by Lombardi, Seconded by Heflin Discussion ensued about enforcing the fine, changing the effective date, and the City not supporting the Code Enforcement Board actions. Votes: Aye: 2 -Lombardi, Heflin Nay: 4-Norman, Workman, Keith, de Luna Motion failed with a 2 to 4 vote. Motion: To impose a $250.00 fine starting November 9, 2018 if property is still in violation on that date, and $250.00 for every day thereafter until full compliance is achieved and there will be no further discussion from either the City, the City Attorney, or anyone else regarding this case; that will be the final one. Moved by de Luna, Seconded by Norman CE Officer White confirmed the meeting schedule. Votes: Aye: 4-Lombardi, Norman, Keith, de Luna Nay: 2-Workman, Heflin Motion passed with a 4 to 2 vote. CASE#: 17-570 NAME: Peter and Carla Whalen ADDRESS: 24 Ardella Road CE Officer White presented the case history of the violations and displayed photos of the property. Ms. White reported the Respondent is now in compliance and recommends finding this case in compliance. Minutes ofthe Code Enforcement Board on July 10, 2018 Page 3 of 13 Motion: The Board adopts the staff recommendation, finds the property owner, Case # 17-570, in compliance. Moved by Lombardi, Seconded by Keith Votes: Aye: 6-Lombardi, Norman, Keith, Workman, Heflin, de Luna Nay: 0 Motion passed unanimously. CASE#: 17-0279 NAME: Hardees ADDRESS: 1500 Maypmi Road CE Officer White presented the case history of the violations and displayed photos of the property. Ms. White reported the Respondent is now in compliance and recommends finding this case in compliance. Motion: The Board adopts the staff recommendation, finds the property owner, Case# 17-0279, in compliance. Moved by Norman, Seconded by Heflin Votes: Aye: 6-Lombardi, Norman, Keith, Workman, Heflin, de Luna Nay: 0 Motion passed unanimously. CASE#: 17-301 NAME: Michael Steinert ADDRESS: 600 Aquatic Drive CE Officer White presented the case history of the violations and displayed photos of the property. Ms. White reported the Respondent is now in compliance and recommends finding this case in compliance. Motion: The Board adopts the staff recommendation, finds the property owner, Case # 17-301, in compliance. Moved by Keith, Seconded by Workman Votes: Aye: 6-Lombardi, Norman, Keith, Workman, Heflin, de Luna Nay: 0 Motion passed unanimously. CASE#: 17-0113 NAME: Sarah Bohr ADDRESS: 2337 Seminole Road Minutes ofthe Code Enforcement Board on July 10, 2018 Page 4 of13 CE Officer White presented the case history of the violations and displayed photos of the property. Ms. White reported the Respondent is now in compliance and recommends finding this case in compliance. Sarah Bohr took the floor to address the Board and stated she has made the changes in her advertising and her rentals are for a minimum of 90 days. Motion: The Board adopts the staff recommendation, finds the property owner, Case# 17-0113, in compliance. Moved by Heflin, Seconded by Lombardi Votes: Aye: 6-Lombardi, Norman, Keith, Workman, Heflin, de Luna Nay: 0 Motion passed unanimously. 7. New Business CASE#: 17-0252 NAME: Robert Thomas Tull ADDRESS: 760 Plaza CE Officer Gindlesperger presented the case history of the violations and displayed photos of the property. Ms. Gindlesperger reported the Respondent is in compliance with the recreational vehicles but is in violation with the remaining citations. It is recommended to find this case in violation, allow ten days for compliance, or impose a fine up to $250.00 per day for the first day and up to $250.00 per day for every day thereafter the violation continues to exist. Robert Tull took the floor to address the Board. Chair de Luna administered the Oath to Mr. Tull. Mr. Tull requested thirty days to come into compliance. Motion: The Board adopts the staff recommendation, finds the property owner, Case# 17-0252, in violation, and allow thirty (30) days (August 9, 2018) for full compliance or impose a fine of $250.00 for the first day and $250.00 per day for every day thereafter the violation continues to exist. Moved by Workman, Seconded by Keith Votes: Aye: 6-Lombardi, Norman, Keith, Workman, Heflin, de Luna Nay: 0 Motion passed unanimously. Ben Fotenhouer, 745 Plaza Rd., took the floor to address the Board. He stated he is helping Mr. Tull and requested clarification for compliance. CE Officer White responded and suggested he and/or Mr. Tull make an appointment with a Code Enforcement Officer to meet at the property to clarify what needs to be completed. Minutes ofthe Code Enforcement Board on July 10, 2018 Page 5 of 13 CASE#: 18-008 NAME: Allen C Vix III ADDRESS: 359 Seminole Road CE Officer Gindlesperger presented the case history of the violations and displayed photos of the propetiy. Ms. Gindlesperger reported the Respondent is in violation. It is recommended to find this case in violation, allow ten days for compliance, or impose a fine up to $250.00 per day for the first day and up to $250.00 per day for every day thereafter the violation continues to exist. Allen Vix took the floor to address the Board and asked for clarification of the code relating to stacked firewood. Mr. Vix stated he has stacked the wood there for several years, uses the wood for burning during the cold weather, and does not feel he is in violation. Discussion ensued about stacking firewood for personal use. Motion: To dismiss the case. Moved by Lombardi, Seconded by Workman Votes: Aye: 6-Lombardi, Norman, Keith, Workman, Heflin, de Luna Nay: 0 Motion passed unanimously. CASE#: 18-019 NAME: Barry Alan Patton ADDRESS: 67 South Forrestal Circle CE Officer Gindlesperger presented the case history of the violations and displayed photos of the property. Ms. Gindlesperger reported the Respondent is in violation. It is recommended to find this case in violation, allow thirty days for compliance, or impose a fine up to $250.00 per day for the first day and up to $250.00 per day for every day thereafter the violation continues to exist. Barry Patton took the floor to address the Board and provided a status repmi of the vehicles and trailers on his propetiy and where they are located on his property. Mr. Patton questioned why he cannot use his back yard for storage. There was discussion about the 8000 sq. ft. lot size and limitations for storage on the property. Motion: The Board adopts the staff recommendation, finds the property owner, Case # 18-019, in violation, and allow thirty (30) days (August 9, 2018) for full compliance or impose a fine of $250.00 for the first day and $250.00 per day for every day thereafter the violation continues to exist. Moved by Keith, Seconded by Workman Votes: Aye: 6-Lombardi, Norman, Keith, Workman, Heflin, de Luna Nay: 0 Motion passed unanimously. Minutes ofthe Code Enforcement Board on July 10, 2018 Page 6 of 13 CASE#: 18-023 NAME: James John Geny ADDRESS: 2287 North Fairway Villas Lane CE Officer Gindlesperger presented the case history of the violations and displayed photos of the prope1iy. Ms. Gindlesperger reported the Respondent is now in compliance. It is recommended to find this case in violation for time in violation, and now in compliance. Motion: The Board adopts the staff recommendation, finds the property owner, Case # 18-023, in violation for time in violation, and now in compliance. Moved by Heflin, Seconded by Lombardi Votes: Aye: 6-Lombardi, Norman, Keith, Workman, Heflin, de Luna Nay: 0 Motion passed unanimously. CASE#: 18-036 NAME: Providencia Arndt ADDRESS: 778 Vecuna Road CE Officer Gindlesperger presented the case history of the violations and displayed photos of the property. Ms. Gindlesperger reported the Respondent is in violation. It is recommended to find this case in violation, allow thirty days for compliance, or impose a fine up to $250.00 per day for the first day and up to $250.00 per day for every day thereafter the violation continues to exist. The new property owner, Sharon Pmier, took the floor to address the Board and stated they have hired a contractor who will do the permitting and the demolition. The plan is to rebuild and this will be her son's primary residence. Motion: The Board adopts the staff recommendation, finds the property owner, Case # 18-036, in violation, and allow sixty (60) days (September 8, 2018) for full compliance or impose a fine of $250.00 for the first day and $250.00 per day for every day thereafter the violation continues to exist. Moved by Keith, Seconded by Workman Votes: Aye: 6-Lombardi, Norman, Keith, Workman, Heflin, de Luna Nay: 0 Motion passed unanimously. CASE#: 18-046 NAME: Donnell Bernard Demps ADDRESS: 1342 Violet Street CE Officer Gindlesperger presented the case history of the violations and displayed photos of the property. Ms. Gindlesperger repmied the Respondent is in violation. It is recommended to find this case in violation, allow ten days for compliance, or impose a fine up to $250.00 per day for the first day and up to $250.00 per day for every day thereafter the violation continues to exist. Minutes ofthe Code Enforcement Board on July 10, 2018 Page 7 of 13 Motion: The Board adopts the staff recommendation, finds the property owner, Case # 18-036, in violation, and allow ten (10) days (July 20, 2018) for full compliance or impose a fine of $250.00 for the first day and $250.00 per day for every day thereafter the violation continues to exist. Moved by Norman, Seconded by Heflin Votes: Aye: 5-Lombardi, Norman, Keith, Heflin, de Luna Nay: 1-Workman Motion passed with a 5 to 1 vote. CASE#: 18-084 NAME: Gwendolyn A. Ivory ADDRESS: 307 Skate Road CE Officer Gindlesperger presented the case history of the violations and displayed photos of the property. Ms. Gindlesperger reported the Respondent is in violation. It is recommended to find this case in violation, allow thirty days for compliance, or impose a fine up to $250.00 per day for the first day and up to $250.00 per day for every day thereafter the violation continues to exist. William Kennedy, representing his sister Gwendolyn A. Ivory, took the floor to address the Board and stated he has cleaned up and removed the violation as of this afternoon. The photo displayed was taken this morning per CE Officer Gindlesperger. Motion: The Board adopts the staff recommendation, finds the property owner, Case # 18-036, in violation, and allow thirty (30) days (August 9, 2018) for full compliance or impose a fine of $250.00 for the first day and $250.00 per day for every day thereafter the violation continues to exist. Moved by de Luna, Seconded by Keith Votes: Aye: 6-Lombardi, Norman, Keith, Workman, Heflin, de Luna Nay: 0 Motion passed unanimously. CASE#: 18-108 NAME: Gate Petroleum Company ADDRESS: 501 Atlantic Boulevard CE Officer Gindlesperger presented the case history of the violations and displayed photos of the property. Ms. Gindlesperger reported the business, The Diner, is located here and the property is owned by Gate Petroleum. They are currently working on the enclosure and it is close to completion. It is recommended to find this case in violation, allow ten days for compliance, or impose a fine of $100.00 per day for the first day and $100.00 per day for every day thereafter the violation continues to exist. Mike Junk, representing Gate Petroleum, took the floor to address the Board and stated the enclosure will be completed and ready for inspection within ten days. Minutes ofthe Code Enforcement Board on July 10, 2018 Page 8 of 13 Motion: The Board adopts the staff recommendation, finds the property owner, Case# 18-108, in violation, and allow ten (10) days (July 20, 2018) for full compliance or impose a fine of $100.00 for the first day and $100.00 per day for every day thereafter the violation continues to exist. Moved by Heflin, Seconded by Keith Votes: Aye: 6-Lombardi, Norman, Keith, Workman, Heflin, de Luna Nay: 0 Motion passed unanimously. CASE#: 17-285 NAME: Ossi Klotz LLC ADDRESS: 1820 Mayport Road CE Officer White presented the case history of the violations and displayed photos of the property. Ms. White reported the property is in violation, no work has been done on the roof and no permit application submitted, and it is tenant occupied. It is recommended to find this case in violation, allow twenty days for compliance, or impose a fine of $250.00 for the first day and $250.00 per day for every day thereafter the violation continues to exist. Bill Corley, representing Ossi Klotz, took the floor to address the Board. He stated the roof was damaged by the hurricanes, they filed for an insurance claim which took over a year to process, and then the roofer that was hired took off with their deposit. Mr. Corley explained they have reorganized and have hired a roofer and a General Contractor, and plan to completely renovate all the properties. Mr. Corley requested more time for compliance-120 days-for all six properties/cases in total. Discussion ensued about time to be allowed for compliance and that it should be determined case by case. Motion: The Board adopts the staff recommendation, finds the property owner, Case # 17-285, in violation, and allow ninety (90) days (October 10, 2018) for full compliance or impose a fine of $250.00 for the first day and $250.00 per day for every day thereafter the violation continues to exist. Moved by Heflin, Seconded by N mman Votes: Aye: 5-Lombardi, Norman, Keith, Heflin, de Luna Nay: 1-Workman Motion passed with a 5 to 1 vote. CASE#: 17-286 NAME: Ossi Klotz LLC ADDRESS: 1830 Mayport Road CE Officer White presented the case history of the violations and displayed photos of the propetiy. Ms. White reported the property is in violation, no work has been done on the roof and no permit application submitted, and it is tenant occupied. It is recommended to find this case in violation, allow Minutes ofthe Code Enforcement Board on July 10, 2018 Page 9 of 13 ninety days for compliance, or impose a fine of $250.00 for the first day and $250.00 per day for every day thereafter the violation continues to exist. Motion: The Board adopts the staff recommendation, finds the property owner, Case # 17-286, in violation, and allow ninety (90) days (October 10, 2018) for full compliance or impose a fine of $250.00 for the first day and $250.00 per day for every day thereafter the violation continues to exist. Moved by Norman, Seconded by de Luna Votes: Aye: 6-Lombardi, Norman, Keith, Workman, Heflin, de Luna Nay: 0 Motion passed unanimously. CASE#: 17-287 NAME: Ossi Klotz LLC ADDRESS: 1850 Mayport Road CE Officer White presented the case history of the violations and displayed photos of the property. Ms. White reported the property is in violation, no work has been done on the roof and no permit application submitted, and it is tenant occupied. It is recommended to find this case in violation, allow ninety days for compliance, or impose a fine of $250.00 for the first day and $250.00 per day for every day thereafter the violation continues to exist. Motion: The Board adopts the staff recommendation, finds the property owner, Case # 17-287, in violation, and allow ninety (90) days (October 10, 2018) for full compliance or impose a fine of $250.00 for the first day and $250.00 per day for every day thereafter the violation continues to exist. Moved by Norman, Seconded by Keith Votes: Aye: 6-Lombardi, Norman, Keith, Workman, Heflin, de Luna Nay: 0 Motion passed unanimously. CASE#: 17-288 NAME: Ossi Klotz LLC ADDRESS: 27 Edgar Street (same violation same owner, CEB Lien, previous Case #13­00000123, $35,640.35 not including interest, charges due, charges stopped 01.22.20 15) CE Officer White presented the case history of the violations and displayed photos of the property. Ms. White repmied the property is in violation, no work has been done on the roof and no permit application submitted, and it is tenant occupied. It is recommended to find this case in violation, allow ninety days for compliance, or impose a fine of $250.00 for the first day and $250.00 per day for every day thereafter the violation continues to exist. Mr. Corley, representing Ossi Klotz LLC, addressed the Board and wanted to reiterate there were two hurricanes that caused roof damage so the roofs were tarped. They experiencd difficulties and delays Minutes ofthe Code Enforcement Board on July 10, 2018 Page 10 of13 with the insurance claims. They have had problems hiring contractors. Mr. Corley stated that all the work is going to get completed. There was a brief discussion about the lien on this property and Mr. Corley confirmed he would research this. Motion: The Board adopts the staff recommendation, finds the property owner, Case # 17-288, in violation, and allow ninety (90) days (October 10, 2018) for full compliance or impose a fine of $250.00 for the first day and $250.00 per day for every day thereafter the violation continues to exist. Moved by Heflin, Seconded by Lombardi Votes: Aye: 6-Lombardi, Norman, Keith, Workman, Heflin, de Luna Nay: 0 Motion passed unanimously. CASE#: 18-064 NAME: Ossi Klotz LLC ADDRESS: 1850 Mayport Road CE Officer White presented the case history of the violations and displayed photos of the property. Ms. White reported the property is in violation, no permit applications submitted by licensed contractors, and there was discussion about it being tenant occupied without electrical service. It is recommended to find this case in violation, allow ninety days for compliance, or impose a fine of $250.00 for the first day and $250.00 per day for every day thereafter the violation continues to exist. Motion: The Board adopts the staff recommendation, finds the property owner, Case # 18-064, in violation, and allow ninety (90) days (October 10, 2018) for full compliance or impose a fine of $250.00 for the first day and $250.00 per day for every day thereafter the violation continues to exist. Moved by Norman, Seconded by Lombardi Votes: Aye: 6-Lombardi, Norman, Keith, Workman, Heflin, de Luna Nay: 0 Motion passed unanimously. CASE#: 18-073 NAME: Ossi Klotz LLC ADDRESS: 1842-1844 Mayport Road (previously 40 Roberts Street, same violation/same owner, CEB Lien, previous Case #13-00000122, $39,840.35 not including interest, charges due, charges stopped 01.22.2015) CE Officer White presented the case history of the violations and displayed photos of the property. Ms. White reported the property is in violation, no petmit applications submitted by licensed contractors, and is tenant occupied. It is recommended to find this case in violation, allow ninety days Minutes ofthe Code Enforcement Board on July IO, 20I8 Page II of I3 for compliance, or impose a fine of $250.00 per day for the first day and $250.00 per day for every day thereafter the violation continues to exist. Motion: The Board adopts the staff recommendation, finds the property owner, Case # 18-073, in violation, and allow ninety (90) days (October 10, 2018) for full compliance or impose a fine of $250.00 for the first day and $250.00 per day for every day thereafter the violation continues to exist. Moved by Keith, Seconded by Heflin Votes: Aye: 6-Lombardi, Norman, Keith, Workman, Heflin, de Luna Nay: 0 Motion passed unanimously. CASE#: 18-076 NAME: Diamond Real Estate Propeliies IV LLC ADDRESS: 469 Atlantic Boulevard CE Officer White presented the case history of the violations and displayed photos of the prope1iy. Ms. White repolied the propeliy was in violation, and is now in compliance. It is recommended to find this case in violation for time in violation, and now in compliance. Motion: The Board adopts the staff recommendation, finds the property owner, Case # 18-076, in violation for time in violation, and now in compliance. Moved by Keith, Seconded by Lombardi Votes: Aye: 6-Lombardi, Norman, Keith, Workman, Heflin, de Luna Nay: 0 Motion passed unanimously. CASE#: 18-098 NAME: Diamond Real Estate Prope1iies IV LLC ADDRESS: 469 Atlantic Boulevard CE Officer White presented the case history of the violations and displayed photos of the prope1iy. Ms. White repolied the propeliy was in violation, and is now in compliance. It is recommended to find this case in violation for time in violation, and now in compliance. Motion: The Board adopts the staff recommendation, finds the property owner, Case # 18-098, in violation for time in violation, and now in compliance. Moved by Heflin, Seconded by Workman Votes: Aye: 6-Lombardi, Norman, Keith, Workman, Heflin, de Luna Nay: 0 Motion passed unanimously. Minutes ofthe Code Enforcement Board on July I 0, 2018 Page 12 of13 Closing Comments Leonard Cawrse, 1756 Live Oak Ln., wanted to speak about a property that is run-down. Chair de Luna advised Mr. Cawrse to contact a Code Enforcement Officer about the prope1iy. There was a brief discussion about succession planning, the Board members te1ms, and expiration dates. Discussion ensued about fines and liens filed on properties and receiving confirmation when they are paid. The next meeting is scheduled for September 11, 2018. Adjournment Chair de Luna adjourned the meeting at 8:49P.M. 1/•')1 ' ~0 1/JJ/11~a , lc:'t,zd:tc Donna L. Bartle, City Clerk DLB/njp Minutes ofthe Code Enforcement Board on July 10, 2018 Page 13 of 13