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09-11-18 MinutesMINUTES Code Enforcement Board Meeting Tuesday, September 11, 2018 - 6:00 PM Commission Chamber Present: Benjamin de Luna, Member Don Sasser, Member Judy Workman, Member Lindsay Norman, Member Louis Keith, Member Whitney Heflin, Member Absent: Richard Lombardi, Member Also Present: Brenna Durden, City Attorney (CA) Donna Bartle, City Clerk (CC) Shane Corbin, Community Development Director Toni Gindlesperger, Code Enforcement Officer Lori Diaz, Records Clerk 1. CALL TO ORDER Chair Ben de Luna called the meeting to order at 6:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL City Clerk Bartle called the roll and a quorum was present. 4. APPROVAL OF MINUTES A. Approve minutes of the July 10, 2018 regular meeting of the Code Enforcement Board. MOTION: Approve minutes of the regular meeting on July 10, 2018. Motion: Louis Keith Second: Lindsay Norman Louis Keith (Moved By) For Lindsay Norman (Seconded By) For Benjamin de Luna For Don Sasser For Judy Workman For Code Enforcement Board September 11, 2018 Page 1 of 9 Whitney Heflin For Motion passed 6 to 0. 5. ADMINISTRATION OF OATH Chair de Luna administered the Oath to attendees presenting testimony - staff, defendants, and witnesses. 6. OLD BUSINESS A. CASE #: 17-0252* NAME: Robert Thomas Tull ADDRESS: 760 Plaza CE Officer Gindlesperger presented the case history and displayed photos of the property. Ms. Gindlesperger reported the Respondent is now in compliance and recommends finding this case in compliance. Mr. Tull was present and thanked the Board for their patience. MOTION: To adopt the staff recommendation to find the property is now in compliance. Motion: Lindsay Norman Second: Don Sasser Lindsay Norman (Moved By) For Don Sasser (Seconded By) For Benjamin de Luna For Judy Workman For Louis Keith For Whitney Heflin For Motion passed 6 to 0. B. CASE #: 18-019 NAME: Barry Alan Patton ADDRESS: 67 S Forrestal Circle CE Officer Gindlesperger presented the case history of the violations and displayed photos of the property. Ms. Gindlesperger reported the property is not in full compliance as there are still items in the carport and remains in violation. Code Enforcement Board September 11, 2018 Page 2 of 9 Mr. Patton was present and addressed the Board stating he has two lawn mowers, an air compressor, some gas cans, a storage bin, and trash in the carport. Mr. Patton stated he is in the process of moving out and selling the property. CE Officer Gindlesperger recommends finding this case remains in violation, allow thirty (30) days for full compliance, on or before October 11, 2018, or impose a $250 fine for the first day and $250 per day for every day thereafter the violation continues to exist. MOTION: To find the Respondent in violation and allow seven (7) days (on or before September 19, 2018) for full compliance. Failure to comply will result in imposing a $250 fine for the first day and $250 per day for every day thereafter the violation continues to exist. Motion: Lindsay Norman Second: Don Sasser Discussion ensued about the items left in the carport. Lindsay Norman (Moved By) For Don Sasser (Seconded By) For Benjamin de Luna For Judy Workman For Louis Keith For Whitney Heflin For Motion passed 6 to 0. C. CASE #: 18-036 NAME: Providencia Arndt ADDRESS: 778 Vecuna Road CE Officer Gindlesperger presented the case history and reported the property has been sold, demolished, and no longer in violation. Ms. Gindlesperger recommends finding the property in compliance. The property owner was not present. MOTION: To adopt the staff recommendation, find the property now in compliance. Motion: Louis Keith Second: Judy Workman Code Enforcement Board September 11, 2018 Page 3 of 9 Louis Keith (Moved By) For Judy Workman (Seconded By) For Benjamin de Luna For Don Sasser For Lindsay Norman For Whitney Heflin For Motion passed 6 to 0. 7. NEW BUSINESS A. CASE #: 18-090* NAME: Nicklaus A Trefry ADDRESS: 66 Dewees Avenue CE Officer Gindlesperger presented the case history of the violations and displayed photos of the property. Ms. Gindlesperger reported a fence was built without the required permit. The fence has been removed and it is recommended to find the property now in compliance. The property owner was not present. MOTION: To adopt the staff recommendation, find the property owner in violation for time in violation, and now in compliance. Motion: Lindsay Norman Second: Benjamin de Luna Lindsay Norman (Moved By) For Benjamin de Luna (Seconded By) For Don Sasser For Judy Workman For Louis Keith For Whitney Heflin For Motion passed 6 to 0. B. CASE#: 18-110 NAME: Joseph Quest ADDRESS: 1860 Mayport Road CE Officer Gindlesperger presented the case history of the violations and displayed photos of the property. Ms. Gindlesperger reported the tenant, Kettle Pavers, is a Code Enforcement Board September 11, 2018 Page 4 of 9 paving business that is storing their materials on this property. The property is in the process of being cleaned up and is not in full compliance. The property owner is also trying to obtain a fence permit. CE Officer stated the recommendation is to find in violation, allow thirty (30) days for compliance or start a $250 fine for the first day and $250 for every day thereafter. The property owner, Joseph Quest, addressed the Board about his plans for installing a fence. He stated he would need forty five (45) days to complete all the work required. The tenant/business owners, Kate and Kyle Kettle, were administered the oath by Chair de Luna. Mr. and Mrs. Kettle stated they are in agreement with Mr. Quest's plans for installing a fence on the property. A lengthy discussion ensued about extending the time for compliance. MOTION: To find the Respondent in violation, allow until December 1, 2018 for full compliance or impose a fine of $250 for the first day and $250 per day for every day thereafter the violation continues to exist. Motion: Lindsay Norman Second: Whitney Heflin Whitney Heflin (Seconded By) For Lindsay Norman (Moved By) For Benjamin de Luna For Don Sasser For Judy Workman For Louis Keith For Motion passed 6 to 0. C. CASE #: 18-113 NAME: Willie Johnson Estate ADDRESS: 1921 Mealy Street CE Officer Gindlesperger presented the case history of the violations and displayed photos of the property. Ms. Gindlesperger reported this is a vacant house in disrepair and the owner is deceased. She has not had any communications from the family about this property. Code Enforcement Board September 11, 2018 Page 5 of 9 Shaina DeSisso, on behalf of the estate, was administered the oath by Chair de Luna. She explained that Mr. Johnson was her mother's grandfather. Ms. DeSisso stated that she and her mother want to obtain ownership of the property, then make the necessary repairs to the house and property. She was not clear about the ownership of this property. There was a lengthy discussion about the need to establish legal ownership of the property and confirming the status of property taxes. The Board can only discuss this case with the legal owner or representative. CE Officer Gindlesperger stated the recommendation is to find in violation, allow thirty (30) days for compliance or impose a $250 fine for the first day and $250 per day for every day thereafter. Discussion continued about allowing the family until the November meeting to process the legal requirements to establish ownership. No action can be taken until ownership is established. It was suggested the family can contact the Jacksonville Area Legal Aid or obtain the services of an attorney. In the mean time it was suggested that the family could keep up with the yard maintenance and appearance of the property. MOTION: To continue Case# 18-113 to the November meeting. Motion: Benjamin de Luna Second: Lindsay Norman Lindsay Norman (Seconded By) For Benjamin de Luna (Moved By) For Don Sasser For Judy Workman For Louis Keith For Whitney Heflin For Motion passed 6 to 0. D. CASE#: 18-114* NAME: 221 Seminole Road ADDRESS: James Douglas Thompson Et Al CE Officer Gindlesperger presented the case history of the violations and displayed photos of the property. Ms. Gindlesperger reported the property has been mowed and is now in compliance. The property owner was not present. Code Enforcement Board September 11, 2018 Page 6 of 9 MOTION: To adopt the staff recommendation, find Case #18-114 in compliance. Motion: Whitney Heflin Second: Don Sasser Whitney Heflin (Moved By) For Don Sasser (Seconded By) For Benjamin de Luna For Judy Workman For Lindsay Norman For Louis Keith For Motion passed 6 to 0. E. CASE #: 18-152 NAME: Aleia Grantham ADDRESS: 663 Stocks Street CE Officer Gindlesperger presented the case history of the violations and displayed photos of the property. Ms. Gindlesperger reported the citation was for boats, trailers, and off-road vehicles on the property. Inspection this date revealed they are gone and the property is now in compliance. The property owner was not present. MOTION: To find the property owner was in violation for time in violation, and now in compliance. Motion: Louis Keith Second: Judy Workman Louis Keith (Moved By) For Judy Workman (Seconded By) For Benjamin de Luna For Don Sasser For Lindsay Norman For Whitney Heflin For Code Enforcement Board September 11, 2018 Page 7 of 9 Motion passed 6 to 0. F. CASE #: 18-161* NAME: Ralph D Jones Jr ADDRESS: 781 Begonia Street CE Officer Gindlesperger presented the case history of the violations and displayed photos of the property. Ms. Gindlesperger reported the citation was for outside storage of a recreational vehicle. Inspection this date reveals the property is cleaned up, the trailer is moved, and now in compliance. The property owner was present. MOTION: To find the property owner in violation for time in violation, and now in compliance. Motion: Judy Workman Second: Whitney Heflin Whitney Heflin (Seconded By) For Judy Workman (Moved By) For Benjamin de Luna For Don Sasser For Lindsay Norman For Louis Keith For Motion passed 6 to 0. G. CASE #: 18-174 NAME: 1044 Hibiscus Street ADDRESS: Sandra Pischly Estate CE Officer Gindlesperger presented the case history of the violations and displayed photos of the property. Ms. Gindlesperger reported the citation is for a building permit required for a shed and for outside storage. A Stop Work Order has been issued and there has been no response from the property owner. Inspection this date reveals the property is still in violation. The recommendation is to find the Respondent in violation and allow thirty (30) days on or before October 11, 2018 for full compliance or impose a fine of $250 for the first day and $250 per day for every day thereafter the violation continues to exist. Code Enforcement Board September 11, 2018 Page 8 of 9 The property owner was not present. MOTION: To adopt the staff recommendation to find the Respondent in violation and allow thirty (30) days on or before October 11, 2018 for full compliance or impose a fine of 250 for the first day and $250 per day for every day thereafter the violation continues to exist. Motion: Lindsay Norman Second: Whitney Heflin Whitney Heflin (Seconded By) For Lindsay Norman (Moved By) For Benjamin de Luna For Don Sasser For Judy Workman For Louis Keith For Motion passed 6 to 0. 8. ADJOURNMENT Attest: Shane Corbin announced there will be an agenda item for discussion at the September 24, 2018 Commission meeting to change to a Special Magistrate for Code Enforcement hearings. Lori Diaz, Recording Secretary, was introduced to the Board members. There was discussion about rescheduling the date for the November meeting to the 15th. In the event that date is not available, then the only other options are either the 28th or 29th. After a poll of the Board members present it was determined that November 28th was the best backup date to the 15th. City Clerk Bartle will notify the Board members of the exact date. There being no further discussion, Chair de Luna adjourned the meeting at 7:21 PM. iiki. i_A min de Luna, Chair Lori Diaz, Records Cl Code Enforcement Board September 11, 2018 Page 9 of 9