11-28-18 CEB MinutesMINUTES
Code Enforcement Board Meeting
Wednesday, November 28, 2018 - 6:00 PM
Commission Chamber
Present: Whitney Heflin, Member
Louis Keith, Member
Lindsay Norman, Member
Richard Lombardi, Member
Don Sasser, Member
Benjamin de Luna, Member
Absent: Judy Workman, Member
Also Present: Brenna Durden, City Attorney (CA)
Lori Diaz, Records Clerk
Shane Corbin, Community Development Director
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
Secretary called the roll and a quorum was present.
4. APPROVAL OF MINUTES
A. Approve minutes of the September 11, 2018 regular meeting of the Code
Enforcement Board.
MOTION: Approve minutes of the September 11, 2018 meeting of the Code Enforcement
Board.
Motion: Lindsay Norman
Second: Don Sasser
Whitney Heflin For
Louis Keith For
Lindsay Norman (Moved By) For
Richard Lombardi For
Don Sasser (Seconded By) For
Benjamin de Luna For
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November 28, 2018
Page 1 of 23
Motion passed 6 to 0.
5. ADMINISTRATION OF OATH
Chair de Luna administered the Oath to attendees presenting testimony - staff, respondents, and
witnesses.
6. OLD BUSINESS
A. CASE #: 16-341
NAME: RSNS, LLC
ADDRESS: 31 Royal Palms Drive
CE (Code Enforcement) Officer Irizarry presented an update and new information
regarding fence violations, the walk-in cooler and photos of the property were displayed.
Since the last time this case was before this Board, the violation with the walk-in cooler
and fence have been resolved by a civil agreement between Seafood Kitchen and the
owner of the adjacent property. A variance was issued by the Community Development
Board, and a cross -easement agreement has been established between both parties for
use of the space between the buildings. With the main issues resolved, Seafood Kitchen
has applied for the permits for the walk-in cooler and the fence.
Staff recommends the Board find Respondent in compliance pending approval of the
permits.
Questions were asked regarding the permit process.
Attorney Scott Thomas was present, representing Seafood Kitchen and addressed the
Board. He stated the information provided by CE Officer Irizarry is accurate but stated
that the cross -easement agreement will not be executed until the real estate closing is
finalized. He stated he does not anticipate any further issues. All questions were
answered.
MOTION: To find the Respondent in compliance pending permit approval
Motion: Richard Lombardi
Second: Whitney Heflin
Whitney Heflin (Seconded By) For
Richard Lombardi (Moved By) For
Louis Keith For
Lindsay Norman For
Don Sasser For
Benjamin de Luna For
Motion passed 6 to 0.
B. CASE #: 17-285
NAME: Ossi Klotz, LLC
Code Enforcement Board
November 28, 2018
Page 2 of 23
ADDRESS: 1820 Mayport Road
CE Officer Irizarry presented the case history of the violations and displayed photos of
the property. Ms. Irizarry reported the citation is for a building which has been deemed
unsafe due to extensive damage on the ceiling caused from water intrusion. To date, no
repairs have been done to the building and the Respondent has not applied for permits.
Attorney William Corley was present, representing Ossi Klotz, LLC. Mr. Corley
reported the problem is an inability to get roof labor due to Hurricane Michael. Mr.
Corley would ask the Board for additional time to come into full compliance. He updated
the Board on the progress that has been made since July on other properties that are
before the Board. All questions were answered. The Respondent stated that the tarp has
been redone but no other work has been done to date.
Construction Manager, Shawn Henderson was also present and gave the Board a status
on the upcoming repairs to the roof. He also informed the Board that he is working to
resolve the issue of the buildings physical address not lining up with the address in the
property appraisers database. All questions were answered.
MOTION: To extend the date of compliance for Case # 17-285 to January 8, 2019.
Motion: Benjamin de Luna
Second: Lindsay Norman
Benjamin de Luna (Moved By) For
Whitney Heflin For
Louis Keith For
Lindsay Norman (Seconded By) For
Richard Lombardi For
Don Sasser For
Motion passed 6 to 0.
C. CASE #: 17-286
NAME: Ossi Klotz, LLC
ADDRESS: 1830 Mayport Road
CE Irizarry presented the case history of the violations and displayed photos of the
property. Ms. Irizarry reported that there has been no work done on the building and no
permits have been applied for.
Attorney William Corley was present, representing Ossi Klotz, LLC. Mr. Corley
requested Respondent's, Construction Manager, Shawn Henderson, to speak to the status
of the property's repairs. Mr. Henderson reported the building is being evaluated and,
although the violation is for the roof, the work that needs to be done is quite involved as
it includes repairs to the buildings structure. He requested the Board allow more time for
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inspections and to complete the process. He also stated there are violations at other
locations in line to be repaired before this one. All questions were answered.
MOTION: To extend the date of compliance for Case # 17-286 to January 8, 2019
Motion: Benjamin de Luna
Second: Don Sasser
Discussion ensued regarding the time it will
weather conditios to extend compliance date
Whitney Heflin
Louis Keith
Lindsay Norman
Richard Lombardi
Don Sasser (Seconded By)
Benjamin de Luna (Moved By)
take to draw plans, upcoming holidays and recent
until the March meeting.
Against
Against
For
Against
For
For
Motion failed 3 to 3.
Motion does not pass.
MOTION: To extend the date of compliance for Case # 17-286 to the March 12, 2019 meeting.
Motion: Louis Keith
Second: Whitney Heflin
Whitney Heflin (Seconded By)
Louis Keith (Moved By)
Lindsay Norman
Richard Lombardi
Don Sasser
Benjamin de Luna
Motion passed 6 to 0.
D. CASE #: 17-287
NAME: Ossi Klotz, LLC
ADDRESS: 1850 Mayport Road
For
For
For
For
For
For
CE Officer Irizarry presented the case history of the violations and displayed photos of
the property. Ms. Irizarry reported that this property has been posted as unsafe due to the
roof and multiple interior violations. CE Officer Irizarry stated permits have not been
applied for to date.
Code Enforcement Board
November 28, 2018
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Attorney William Corley was present, representing Ossi Klotz, LLC. Mr. Corley
reported that the non -conforming bathroom has been demolished, which resolves part of
the building's violation. Mr. Corley stated the roof has not been worked on due to the
shortage of roof labor.
Construction Manager, Shawn Henderson, was also present and reported the permit has
been issued for the roof. He also reported the roof is new but the material used is the
wrong material and will have to be removed. He is now awaiting delivery of the new
material and the proper weather to install it as it requires a specific temperature to adhere.
All questions were answered.
MOTION: To extend date of compliance for Case # 17-287 to January 8, 2019.
Motion: Benjamin de Luna
Second: Lindsay Norman
Discussion ensued regarding the date of compliance being extended to the March 12, 2019
meeting versus the January 8, 2019 meeting.
Benjamin de Luna (Moved By) For
Whitney Heflin Against
Louis Keith Against
Lindsay Norman (Seconded By) For
Richard Lombardi For
Don Sasser For
Motion passed 4 to 2.
E. CASE #: 18-064
NAME: Ossi Klotz, LLC
ADDRESS: 1850 Mayport Road
CE Officer Irizarry presented the case history of the violations and displayed photos of
the property. Ms. Irizarry reported that there are thirteen outstanding violations on this
property's interior. She noted this property is the same address as prior cases before the
Board today and has been Noticed as Unsafe by the Building Department. Ms. Irizarry
reported that the Respondent has begun removal of unpermitted work that was done in
the bathroom. CE Officer Irizarry reported that the Respondent has applied for permits
and those permits are pending review by the Building Department.
Attorney William Corley, representing Ossi Klotz, LLC was present and stated to the
Board that the Respondent has made progess and is committed to getting the work done.
Construction Manager, Shawn Henderson, was also present and updated the Board on
the status of the building's repairs. He stated that there is an electrician on standby
awaiting permit approval. Plans of all the interior layouts were submitted with permit
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applications. Mr. Henderson stated that compliance can be met if given until the March
meeting as they need time to receive permits that are presently under review.
MOTION: To extend date of compliance for Case # 18-064 to the March Meeting.
Motion: Don Sasser
Second: Whitney Heflin
Whitney Heflin (Seconded By) For
Louis Keith For
Lindsay Norman For
Richard Lombardi For
Don Sasser (Moved By) For
Benjamin de Luna For
Motion passed 6 to 0.
F. CASE #: 17-288
NAME: Ossi Klotz, LLC
ADDRESS: 27 Edgar Street
CE Officer Irizarry presented the case history of the violations and displayed photos of
the property. Ms. Irizarry reported the property is not in full compliance, but the
Respondent has received a permit. Work on the roof is in progress.
Attorney William Corley, representing Ossi Klotz, LLC, was present and requested
Respondent's Construction Manager, Shawn Henderson, testify to the status and progress
on completion of the roof. Mr. Henderson stated the roof is a multiple -section roof. To
date a portion has been completed and inspected, but there were some issues with another
portion. Work is scheduled to begin as soon as new materials are delivered next week.
He stated the work will be completed by January 8, 2019.
MOTION: To extend date of compliance for Case # 17-288 to January 8, 2019.
Motion: Richard Lombardi
Second: Benjamin de Luna
Whitney Heflin For
Louis Keith For
Lindsay Norman For
Richard Lombardi (Moved By) For
Don Sasser For
Benjamin de Luna (Seconded By) For
Motion passed 6 to 0.
Code Enforcement Board
November 28, 2018
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G. CASE #: 18-073
NAME: Ossi Klotz, LLC
ADDRESS: 1844 Mayport Road
CE Officer Irizarry presented the case history of the violations and displayed photos. Ms.
Irizarry reported the violations were for multiple interior issues and for work being done
inside the unit without a permit. No permit applications have been submitted for this
building. CE Officer Irizarry reported there have been no change or repairs done and the
property is still in violation.
Attorney William Corley, representing Ossi Klotz, LLC, was present and requested
Construction Manager, Shawn Henderson, testify to the status of the building's repairs.
Mr. Henderson reported that he is finalizing the measurements of the interior spaces to
submit with the permit applications. Mr. Henderson stated the electrician has attempted
to receive permits to do electrical work but has been unsuccessful as the electrical work
cannot precede the building permit. Mr. Henderson requested the Board allow them until
the March meeting to complete the work.
MOTION: To extend the date of compliance for Case # 18-073 to March 12, 2019.
Motion: Louis Keith
Second: Don Sasser
Louis Keith (Moved By) For
Whitney Heflin For
Lindsay Norman For
Richard Lombardi For
Don Sasser (Seconded By) For
Benjamin de Luna For
Motion passed 6 to 0.
H. CASE #: 18-046*
NAME: Donnell Bernard Demps
ADDRESS: 1342 Violet Street
CE Officer Irizarry presented the case history of the violations and displayed photos of
the property. Ms. Irizarry reported the citation was for inoperable vehicles in the
driveway. Inspection revealed the vehicles are gone and the property is now in
compliance.
The property owner was not present.
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MOTION:: To adopt the staff recommendation, find Case # 18-046 in compliance.
Motion: Lindsay Norman
Second: Louis Keith
Whitney Heflin For
Louis Keith (Seconded By) For
Lindsay Norman (Moved By) For
Richard Lombardi For
Don Sasser For
Benjamin de Luna For
Motion passed 6 to 0.
I. CASE #: 18-084
NAME: Gwendolyn Ivory
ADDRESS: 307 Skate Road
CE Officer Irizarry presented the case history of the violation and displayed photos. Ms.
Irizarry reported the citation was for an old dilapidated shed on the property. The shed
has been removed and the property is no longer in violation. Ms. Irizarry recommended
finding the property in compliance.
The property owner was not present.
MOTION: To adopt the staff recommendation, find Case # 18-084 in compliance.
Motion: Louis Keith
Second: Whitney Heflin
Whitney Heflin (Seconded By) For
Louis Keith (Moved By) For
Lindsay Norman For
Richard Lombardi For
Don Sasser For
Benjamin de Luna For
Motion passed 6 to 0.
Code Enforcement Board
November 28, 2018
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J. CASE #: 18-113
NAME: Willie Johnson Estate
ADDRESS: 1921 Mealy Street
CE Officer Irizarry presented the case history and displayed photos. Ms. Irizarry reported
there were three violations in this case. She reported two windows have been repaired
and the lawn has consistently remained mowed. Ms. Irizarry reported that the property
is still not in full compliance as there is a tarp on the roof.
Desmond Demps Brooks, the new property owner, was present and administered the
oath by Chair de Luna.
Mr. Brooks explained that he received ownership of this property through probate in
October. Attorney Allan Winter, representing Mr. Brooks, was also present and provided
testimony. He explained the legal steps that have been taken in order for Mr. Brooks to
attain the family property. This included a judgment establishing the property as
Homestead Property. Attorney Winter reported that Mr. Brooks is fully committed to
repairing the house. He testified to Mr. Brooks' frail health due to chemotherapy.
Discussion ensued regarding how the repairs will be done while Mr. Brooks is
undergoing chemotherapy. Mr. Brooks reported he has requested help from family
members and Community First Bank. The Board asked if someone else could appear in
future proceedings in place of Mr. Brooks due to the physical difficulty. Questions were
asked to determine how much time was needed to get the roof repaired. Mr. Brooks
stated his wife will be able to appear for him.
Attorney, Allan Winter, asked the Board to give Mr. Brooks more time to come into
compliance.
MOTION: To continues Case # 18-113 until January 8, 2019 for an update on the status of
the repairs.
Motion: Richard Lombardi
Second: Louis Keith
Discussion ensued regarding the time frame for Mr. Brooks to apply for and receive a Home
Equity Line of Credit (HELOC) loan. Attorney Allan Winter spoke to the time frame and
requirements of a HELOC loan and stated there is enough equity in the property for a loan to
repair the roof. The Board asked that Mr. Brooks' wife appear on January 8, 2019 to update the
Board on the status of repairs.
Whitney Heflin For
Louis Keith (Seconded By) For
Lindsay Norman For
Richard Lombardi (Moved By) For
Don Sasser For
Benjamin de Luna For
Code Enforcement Board
November 28, 2018
Page 9 of 23
Motion passed 6 to 0.
K. CASE #: 18-174
NAME: Sandra Pischly Estate
ADDRESS: 1044 Hibiscus Street
CE Officer Irizarry presented the case history of the violations and displayed photos. Ms.
Irizarry reported the citations are for an outside storage violation as there was scrap
lumber in the yard and for an unapproved shed. Inspection reveals the shed and all of the
lumber have been removed. Staff recommended the Board find the property in
compliance.
MOTION: To adopt the staff recommendation, find Case # 18-174 in compliance.
Motion: Don Sasser
Second: Whitney Heflin
Whitney Heflin (Seconded By) For
Louis Keith For
Lindsay Norman For
Richard Lombardi For
Don Sasser (Moved By) For
Benjamin de Luna For
Motion passed 6 to 0.
7. NEW BUSINESS
A. CASE #: 18-100*
NAME: Lisa Pelkey
ADDRESS: 1887 Beach Avenue
CE Officer Irizarry presented the case history of the violations and displayed photos. Ms.
Irizarry reported the violation is for exterior wall damage. CE Officer Irizarry reported
she has had communication with the property owner regarding plans for commencing
work on the wall repairs.
CE Officer Irizarry stated the recommendation is to allow thirty (30) days for compliance
or impose a $250 fine for the first day and a $250 fine per day for every day thereafter
the violation continues to exist.
The property owner was not present but her son, Michael Pelkey, of 1887 Beach Avenue
was present and was administered the oath by Chair de Luna. Mr. Pelkey testified to the
status and timeline of the work to repair the property. He asked the Board to consider
extending the case past thirty (30) days due to the upcoming holidays.
Code Enforcement Board
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All questions were answered.
MOTION: To allow the Respondent until January 31, 2019 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: Whitney Heflin
Second: Richard Lombardi
Whitney Heflin (Moved By) For
Louis Keith For
Lindsay Norman For
Richard Lombardi (Seconded By) For
Don Sasser For
Benjamin de Luna For
Motion passed 6 to 0.
B. CASE #: 18-101
NAME: Lisa Pelkey
ADDRESS: 1886 Beach Avenue
CE Officer Irizarry presented the case history of the violations and displayed photos of
the property. Ms. Irizarry reported the violations were for protective treatment due to
exterior wood surfaces that were exposed to the elements. The repairs have been done
and it is recommended to find the property now in compliance.
MOTION: To adopt the staff recommendation, find the property now in compliance.
Motion: Louis Keith
Second: Benjamin de Luna
Whitney Heflin For
Louis Keith (Moved By) For
Lindsay Norman For
Richard Lombardi For
Don Sasser For
Benjamin de Luna (Seconded By) For
Motion passed 6 to 0.
Code Enforcement Board
November 28, 2018
Page 11 of 23
C. CASE #: 18-171
NAME: Sharpe Family Investments
ADDRESS: 985 Stocks Street
CE Officer Irizarry presented the case history of the violations. Ms. Irizarry reported that
this property was purchased by an investment company who subsequently commenced
work on the house. The Atlantic Beach Building Department staff drove by the property
and noted the work being done, which was thought to require permits, and a Notice of
Violation was posted. After an interior inspection, it was found that the work performed
did not require permits. Ms. Irizarry recommended finding the property in compliance
as no violation was present.
MOTION: To find the Respondent in compliance as no violation was present.
Motion: Whitney Heflin
Second: Don Sasser
Whitney Heflin (Moved By) For
Louis Keith For
Lindsay Norman For
Richard Lombardi For
Don Sasser (Seconded By) For
Benjamin de Luna For
Motion passed 6 to 0.
D. CASE #: 18-182*
NAME: William Easterbrooks
ADDRESS: 925 Amberjack Lane
CE Officer Irizarry presented the case history and displayed photos of the property. Ms.
Irizarry reported that there has been progress on the house but there are a few items
outside that need addressing and the porch roof still needs to be repaired.
CE Officer Irizarry recommended allowing the Respondent thirty (30) days for full
compliance or impose a fine of $250 for the first day and a $250 fine per day for every
day thereafter.
Mr. Easterbrooks was present and addressed the Board stating the delay in repairs is due
to his health and finances. He stated he is hesitant to remove the porch awning before
the materials and permits are in place. Mr. Easterbrooks stated his concern is with further
damage that could have been caused from water intrusion. The Respondent requested
the Board allow him until after the holidays to complete the repair.
All questions were answered.
Code Enforcement Board
November 28, 2018
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MOTION: To allow the Respondent until January 31, 2019 for full compliance or impose a
fine of $250 for the first day and $250 fine per day thereafter the violation continues to exist.
Motion: Don Sasser
Second: Louis Keith
Whitney Heflin For
Louis Keith (Seconded By) For
Lindsay Norman For
Richard Lombardi For
Don Sasser (Moved By) For
Benjamin de Luna For
Motion passed 6 to 0.
E. CASE #: 18-204
NAME: William Dutter
ADDRESS: 177 Pine Street
CE Officer Irizarry presented the case history of the violations and displayed photos. Ms.
Irizarry reported this violation is for the shared wall of a duplex where outside service
has not been maintained and water has intruded. CE Officer Irizarry reports that after
communications with the Respondent, William Dutter, and the adjacent owner, Sue
Perry, she has learned of a civil dispute over the ownership of the area where repairs are
needed.
The staff recommended the case be continued to allow for civil proceedings to be
resolved.
The property owner, William Dutter, of 177 Pine Street, was present and addressed the
Board about the civil proceedings thus far. He informed the Board that the Civil Trial is
scheduled for January 15, 2019.
The owner of the adjacent property, Sue Perry, of 179 Pine Street, was also present and
was administered the oath by Chair de Luna. Ms. Perry reiterated the date of the Civil
Trial as January 15, 2019.
Mr. Dutter spoke to the Board about the history of problems between the two property
owners, himself and Ms. Perry. The Board informed Mr. Dutter that the delineation of
property lines is for the court to decide. Chair de Luna stated that when ownership of the
wall is determined the CE Officer will contact the owner to resume with enforcement of
the violation.
All questions were answered.
Code Enforcement Board
November 28, 2018
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MOTION: To continue Case # 18-204 until the March 12, 2019 meeting for an update as to
who the Court determines is the lawful owner of the wall in dispute.
Motion: Whitney Heflin
Second: Lindsay Norman
Discussion ensued regarding ownership of the wall being determined before compliance date
being set.
Whitney Heflin (Moved By) For
Lindsay Norman (Seconded By) For
Louis Keith For
Richard Lombardi For
Don Sasser For
Benjamin de Luna For
Motion passed 6 to 0.
F. CASE #: 18-219
NAME: Marina Moon, LLC
ADDRESS: 1763 Live Oak Lane
CE Officer Irizarry presented the case history of the violations and displayed photos of
the property. Ms. Irizarry reported the violations are on a house that was deteriorating
from vacancy and an overgrown lawn. Ms. Irizarry reported that the lawn has been
mowed, permits have been applied for, a new roof has been installed and the facia repairs
continue to progress. In consideration of the progress made by the Respondent, it is
recommended to find the property now in compliance.
MOTION: To adopt the staff recommendation, find the property in compliance.
Motion: Richard Lombardi
Second: Don Sasser
Whitney Heflin For
Louis Keith For
Lindsay Norman For
Richard Lombardi (Moved By) For
Don Sasser (Seconded By) For
Benjamin de Luna For
Motion passed 6 to 0.
Code Enforcement Board
November 28, 2018
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G. CASE #: 18-222*
NAME: Bill Lockhart
ADDRESS: 18 N Saratoga
CE Officer Irizarry presented the case history of the violations and displayed photos. Ms.
Irizarry reported that the property is not in full compliance as the abandoned pool has
not been removed.
Staff recommended find the case remain in violation and to allow ten (10) days for full
compliance.
Judy Lockhart, wife of Respondent, was present and addressed the Board. She spoke on
the status of the pool removal and stated her grandson has been working on it. Chairman
de Luna asked Ms. Lockhart if the Notice of Violation was given in July. Ms. Lockhart
stated that she did not remember. Ms. Lockhart stated at the time the Notice of Violation
was received they drained the pool and removed the liner. She stated that the walls need
taken down to complete the removal.
Kyle Burch, grandson of Respondent, from 18 N Saratoga, was present and spoke on the
status of removing pool walls. He stated he hopes to have it removed by the end of
January.
All questions were answered.
CE Officer Irizarry stated the recommendation is to allow until the January 8, 2019
meeting for compliance or impose a $250 fine for the first day and $250 fine every day
thereafter the violation continues to exist.
MOTION: To extend date of compliance for Case # 18-222 to January 8, 2019 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: Don Sasser
Whitney Heflin For
Louis Keith For
Lindsay Norman (Moved By) For
Richard Lombardi For
Don Sasser (Seconded By) For
Benjamin de Luna For
Motion passed 6 to 0.
Code Enforcement Board
November 28, 2018
Page 15 of 23
H. CASE #: 18-278*
NAME: Henderson Family Trust
ADDRESS: 770 East Coast Drive
CE Officer Irizarry presented the case history of the violations and displayed photos of
the property. Ms. Irizarry reported there were ten (10) violations found as a result of a
previous tenant contacting Code Enforcement. Ms. Irizarry reported that the property is
not in full compliance as there are still violations stemming from water damage. Ms.
Irizarry reports there is some drywall damage that can be replaced with regular drywall
but some must be replaced with fire rated drywall due to it separating the two units. The
owner has been in contact with the City of Atlantic Beach Building Department and has
repaired the air conditioner. For these reasons, staff recommends allow thirty (30) days
for full compliance or impose a fine of $250 for the first day and $250 fine per day
thereafter.
The trustee of Henderson Family Trust, Stephan Henderson, was present with his
attorney, Allan Winter. Attorney Winter reported to the Board that all of the violations
have been resolved.
MOTION: To allow the Respondent until the January 8, 2019 meeting for full compliance
or impose a $250 fine for the first day and $250 fine every day thereafter the violations exist.
Motion: Lindsay Norman
Second: Don Sasser
Chair de Luna stated that the photos being shown are dated and additional work has been done
since they were taken. CE Officer Irizarry stated the photos being displayed are the violations
in their original state.
Chair de Luna invited Mr. Henderson to the podium to complete the record. Mr. Henderson was
administered the oath by Chair de Luna. He confirmed the repairs are complete. He stated that
an inspection by the Building Department is all that remains to be done.
There was no further discussion or questions.
Whitney Heflin For
Louis Keith For
Lindsay Norman (Moved By) For
Richard Lombardi For
Don Sasser (Seconded By) For
Benjamin de Luna For
Motion passed 6 to 0.
Code Enforcement Board
November 28, 2018
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I. CASE #: 18-282
NAME: Howard Katzenstein
ADDRESS: 1720 Atlantic Beach Drive
CE Officer Irizarry presented the case history of the violations and displayed photos of
the property. Ms. Irizarry reported this is a violation of the Building Code regarding
permitting on a fence built for a new house in Atlantic Beach Country Club. Ms. Irizarry
stated they have since applied for a permit and were approved on November 7, 2018.
Staff recommended to find the property now in compliance.
MOTION: To adopt the staff recommendation, find Case # 18-282 in compliance.
Motion: Lindsay Norman
Second: Whitney Heflin
Louis Keith For
Whitney Heflin (Seconded By) For
Lindsay Norman (Moved By) For
Richard Lombardi For
Don Sasser For
Benjamin de Luna For
Motion passed 6 to 0.
J. CASE #: 18-293*
NAME: Vriga Ryant
ADDRESS: 532 Atlantic Beach Court
CE Officer Irizarry presented the case history of the violations and displayed photos of
the property. Ms. Irizarry reported the citation was for a swimming pool installed in the
back yard of a house without a required fence around it which is a violation of the City
of Atlantic Beach Municipal Code and the Florida Building Code. Ms. Irizarry reported
the owners claim they were using a kiddie protection fence and felt they did not need to
install a fence. Photos taken from a neighboring property show that the pool is
completely exposed with no kiddie protection fence in place.
The property owner was not present.
Staff recommended that Respondent be ordered to put up a kiddie protection fence and
thirty (30) days to have a fence installed. Staff clarifies this is not thirty (30) days to
receive a permit, it is thirty (30) days to have a fence installed due to this being a life
safety issue.
Code Enforcement Board
November 28, 2018
Page 17 of 23
MOTION: To allow until January 8, 2019 to have a fence installed or impose a fine of $250
for the first day and $250 fine per pay for every day thereafter the violation continues to exist.
Motion: Lindsay Norman
Second: Whitney Heflin
Discussion ensued regarding the need to move the compliance date up so that there is time to
inspect before the January 8, 2019 meeting
Whitney Heflin (Seconded By) For
Louis Keith For
Lindsay Norman (Moved By) For
Richard Lombardi For
Don Sasser For
Benjamin de Luna For
Motion passed 6 to 0.
MOTION: To Amend prior Motion To allow until January 1, 2019 to have a fence installed
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: Don Sasser
Whitney Heflin For
Louis Keith For
Lindsay Norman (Moved By) For
Richard Lombardi For
Don Sasser (Seconded By) For
Benjamin de Luna For
Motion passed 6 to 0.
City Attorney Brenna Durden requested clarification from CE Officer Irizarry regarding the
kiddie pool fence. CE Officer Irizarry described the fence and restated that the owners firmly
believe that the kiddie protection fence is adequate. CA Durden asked for clarification of staffs'
recommendation. CE Officer Irizarry confirmed the staff recommended the Respondent install
the kiddie protection fence immediately and keep it in place until a permanent fence is installed.
CA Durden addressed the Board, asking them if they want to include that in the motion.
Discussion ensued regarding the temporary fence and the wording of the Motion. Mr. Lombardi
asked if City Staff or a Police Officer could deliver an Order to the Respondent, due to the
serious safety concern. In response, CA Durden explained that the Order could be processed
Code Enforcement Board
November 28, 2018
Page 18 of 23
immediately and delivered by City Staff. Mr. Lombardi feels it may be out of the Boards hands
and bordering on a civil matter.
A lengthy discussion ensued regarding contacting Child Protection Services, the City Manager
and the City of Atlantic Beach Police Department.
CA Durden suggested the Board find the Respondent in violation today and begin fine accrual.
Discussion ensued regarding the original Notice going out in September, and CE Officer Irizarry
reported the owners' response was that he had spoken with his attorney and was advised he did
not need a fence. Discussion ensued about modifying the prior Motion.
MOTION: To Amend prior Motion To allow until December 1, 2018 to have a fence installed
or impose a fine of $250 for the first day and $250 fine per day for every day thereafter the
violation exists.
Motion: Lindsay Norman
Second: Richard Lombardi
Whitney Heflin For
Louis Keith For
Lindsay Norman (Moved By) For
Richard Lombardi (Seconded By) For
Don Sasser For
Benjamin de Luna For
Motion passed 6 to 0.
K. CASE #: 18-320
NAME: Ghose Devajyoti
ADDRESS: 317 East Coast Dr
CE Officer Irizarry presented the case history of the violations and displayed photos of
the property. Ms. Irizarry reported the citation is for a grading and drainage issue.
Respondent's daughter-in-law Kara Mauro, who lives at 317 East Coast Drive was
present and addressed the Board about the work done on the yard. Ms. Mauro also spoke
about communications with Scott Williams from the City Building Department
regarding permit conditions. She is awaiting clarification of the property's pervious and
impervious surfaces in regards to what was in documentation received from Scott
Williams versus what the City has on file. Ms. Mauro stated her father-in-law plans to
file a variance, or, if necessary, remove the flagstone. She stated the project is
functioning as the law intends and she does not understand why the Respondent is not in
compliance.
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Discussion ensued about the timeline for applying for a variance, the coverage allowed
in the Code, the discrepancies in the information that was received and the unclear
definition of Impervious Surfaces on the City's website.
MOTION: To allow until March 12, 2019 for compliance.
Motion: Benjamin de Luna
Second: Whitney Heflin
Whitney Heflin (Seconded By) For
Benjamin de Luna (Moved By) For
Louis Keith For
Lindsay Norman For
Richard Lombardi For
Don Sasser For
Motion passed 6 to 0.
L. CASE #:18-158*
NAME: Sheila Powers
ADDRESS: 1946 Beachside Court
CE Officer Irizarry presented the case history and displayed photos. Ms. Irizarry reported
the citation is for a fence built without the required permit. A Stop Work Order was
issued. Additional information was needed from property owner but was never received.
Property owner, Sheila Powers and her husband, Ted Alesch, were present. Mr. Alesch
addressed the Board and stated that the issue was with the height of the fence after the
lattice panel was installed on top for added privacy. Mr. Alesch has since been told to
apply for a variance which he has done. It is his understanding that the Community
Development Board may hear the variance issue at the December meeting but that has
not yet been confirmed.
All questions were answered.
MOTION: To continue case # 18-158 to the March 12, 2019 meeting.
Motion: Lindsay Norman
Second: Louis Keith
CA Durden asked for confirmation that the variance application has been submitted. PCDD
Corbin addressed the Board and reported that he has not seen this variance application come
through the office yet.
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Whitney Heflin For
Louis Keith (Seconded By) For
Lindsay Norman (Moved By) For
Richard Lombardi For
Don Sasser For
Benjamin de Luna For
Motion passed 6 to 0.
There was a five minute break taken at this time.
8. MISCELLANEAOUS BUSINESS
A. Pros and Cons of replacing the Code Enforcement Board with a Magistrate
Chair de Luna called Joseph Quest to speak. He was no longer present.
Chair de Luna acknowledged that Mayor Glasser and Commissioner Kelly were in
attendance.
Chair de Luna stated that he placed this item on the agenda in hopes of getting the views
and positions of the Code Enforcement Board members. He reminded everyone of his
presentation to the Commission on September 24, 2018 on this subject pointing out the
efficiency of the CEB. Chair de Luna announced he learned five (5) minutes before the
meeting that it is no longer being Live -streamed, but it is still being video recorded. Up
to this point, he did not know about live -streaming being eliminated. He expressed his
confusion with the procedure for communicating with the Board regarding this topic,
and asked for each member's position on replacing the CEB with a Special Magistrate
and why.
Mayor Glasser asked Chair de Luna if he would like her to clarify the sequence of events.
Mayor Glasser thanked the Board for their service as CEB members. She explained the
live -streaming elimination is due to the American Disabilities Act (ADA) law and has
to do with posting content on the City's website. Though the live -streaming issues is a
fairly new issue, it has been discussed at several Commission Meetings. She then
expressed the challenges with getting the information out. She reported that the prior
Code Enforcement Officer, Debbie White, had first made the recommendation of
switching to a magistrate several years ago. After giving a brief history, Mayor Glasser
stated the topic of switching to a Special Magistrate has been on-going for years, and has
been discussed in Noticed Public Meetings, specifically, the Workshop Meeting of
August 20, 2018. The conclusion from that meeting was that the Commission was in
favor of pursuing it, but getting input from CEB members was important. The issue was
put on the CEB's agenda on September 11, 2018. It then became an Agenda Item on the
September 24, 2018, Commission Meeting Agenda wherein Mr. de Luna made a formal
presentation. At that time, the Commission was unanimous in wanting to move towards
a Special Magistrate. She reiterated that the decision was not a reflection on the work of
this Board. Mr. de Luna stated the issue was never an Agenda Item. He asked Mayor
Glasser why he or the other members were not told nor invited to the Workshop
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regarding the topic. She stated this communication should be a function of the Liaison
to the Committee, and apologized for any misstatements.
The following questions and comments began in order of seating with Don Sasser seated
at far left.
Don Sasser- Asked about the cost-effectiveness of a Special Magistrate. He feels the
Board has more knowledge of the City than a Special Magistrate would.
Mayor Glasser asked if this portion of the meeting was for questions and answers as she
did not know whether to answer Mr. Sasser. Mr. de Luna answered Mayor Glasser
stating it was not a question and answer portion of the meeting, but to reflect on any
questions asked of her.
Richard Lombardi- Stated he is surprised with the consideration of replacing the CEB
with a Special Magistrate. He has expressed his concerns to his district's counsel. Mr.
Lombardi stated that it is fallacious to think Atlantic Beach should use a Special
Magistrate because other cities use one. He feels Atlantic Beach is a small, peaceful
community with little crime. He praised the Atlantic Beach Police Department for
keeping civility. With the CEB, the citizens are dealing with other citizens in their
community. He feels a Special Magistrate will create a disenfranchised atmosphere for
the citizens of Atlantic Beach.
Lindsay Norman- Mentioned he does not have strong feelings one way or the other. His
concerns are mainly effectiveness, efficiency, cost and how much discretion a magistrate
will have.
Louis Keith- Stating he strongly believes in citizens participating in government. A
singular magistrate will most likely not be a resident. Mr. Keith believes a Special
Magistrate would not resonate a "the human side" to the citizens.
Whitney Heflin- Stated that she has no preference one way or the other and that she has
faith that our Commissioners and City government will make the best decision for the
City. She stated that former CE Officer, Debbie White, was an example of
professionalism and expertise and for her to make the recommendation for a Special
Magistrate is telling.
Chair de Luna- Reminded everyone that the Mayor and the Commissioners ran their
campaign on transparency and endorsing citizen involvement. He expressed his belief
that replacing the CEB with a Special Magistrate goes against those campaign platforms.
He stated the CEB provides citizens an opportunity to learn about their City and
replacing with a Special Magistrate takes that opportunity away. He pointed out that
Code Enforcement' is the first item on the Mayor's and the Commissioners' profiles. He
agrees Ms. White was most likely thinking about efficiency when she recommended
hiring a Special Magistrate, but could not have been thinking about the other intangibles,
which are incredible for Atlantic Beach. It is his belief that a Special Magistrate would
be less likely to be involved with the citizens as he/she will also have a law practice to
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run as well. He believes replacing the CEB with a Special Magistrate is a poor decision.
He invited the Commission to meet with the CEB to further discuss the issue.
Mayor Glasser addressed the Board and encouraged the CEB members to attend the next
Commission meeting to report. She stated although she is at this meeting representing
the Commission she is only one (1) vote, and would be happy to take the issue back to
the Commission. Mayor Glasser explained the quasi-judicial nature of Code
Enforcement, and being able to balance hard decisions with discretion.
Discussion ensued regarding the cost breakdown of switching to a magistrate, the need
to verify the costs that PCDD Corbin presented and things to consider before switching
to a magistrate.
Commissioner Kelly addressed the Board and spoke about the current process through
City staff that a case goes through before it reaches the Code Enforcement Board.
9. ADJOURNMENT
There being no further discussion, Chair de Luna declared the meeting adjourned at 9:48 p.m.
Attest:
Benj ./in de Luna, Chair
ti
Lori Diaz, Records Clerk c
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