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01-08-2019 CEB Meeting MinutesMINUTES r , Code Enforcement Board Meeting '} Tuesday, January 8, 2019 0 6:00 PM iavr Commission Chamber Present: Whitney Heflin, Member Louis Keith, Member Judy Workman, Member Lindsay Norman, Member Richard Lombardi, Member Don Sasser, Member Benjamin de Luna, Member Also Present: Lori Diaz, Records Clerk Candace Kelly, Commissioner — Seat 4 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 November 28, 2018 regular meeting of the Code Enforcement Board. MOTION: Approve Amended Minutes of the November 28, 2018 meeting of the Code Enforcement Board Motion: Don Sasser Second: Louis Keith Whitney Heflin For Louis Keith (Seconded By) For Judy Workman For Lindsay Norman For Richard Lombardi For Don Sasser (Moved By) For Benjamin de Luna For Code Enforcement Board January 8, 2019 Motion passed 7 to 0 5. ADMINISTRATION OF OATH Chair de Luna administered the Oath to attendees presenting testimony- staff, respondents, and witnesses. 6. Chair de Luna stated former Mayor Mitch Reeves was present and would like to address the Board. Mitch Reeves stated that his main purpose for attending the meeting was to personally thank each member of the Board. He also stated that he wanted to clear the record with them regarding the topic of switching to a magistrate under his administration. He stated at that time he was in favor of the switch to a magistrate but after meetings with various Board members and City Staff he was convinced not to move forward with the switch. He stated he believes the right decision was made not to make the switch to a magistrate. OLD BUSINESS A. CASE#: 17-285 NAME: Ossi Klotz, LLC ADDRESS: 1820 Mayport Road CE Officer presented the case history of the violations and displayed photos of the property. Ms. Irizarry reported the citation was for the roof. Inspection revealed the new roof has been installed and passed final inspection by the Building Department. Staff recommended the Board find the property in compliance. MOTION: To adopt the staff recommendation, find Case #17-285 in compliance. Motion: Lindsay Norman Second. Whitney Heflin Whitney Heflin (Seconded By) For Louis Keith For Judy Workman For Lindsay Norman (Moved By) For Richard Lombardi For Don Sasser For Benjamin de Luna For Motion passed 7 to 0 Code Enforcement Board January 8, 2019 B. CASE#: 17-287 NAME: Ossi Klotz, LLC ADDRESS: 1850 Mayport Road CE Officer Irizarry presented the case history and displayed photos. She reported that she has had communication with Respondent, progress is ongoing and the building has been boarded to address safety concerns. CE Officer Irizarry stated the recommendation is to extend the date of compliance to the March 12, 2019 meeting. Attorney William Corley, representing Ossi Klotz, LLC, was present and stated he wants to make sure the record reflects a filed Objection to Constitutionally Deficient Hearing Notice. He provided each Board member with a copy of the Notice. He informed the Board that the Hearing Notice is deficient in two ways; (1) there is no Sworn Statement of alleged deficiencies as required by the Code of Ordinances, and (2) not cited in the Notice of Hearing is the International Property Management Code (adopted by the Code of Ordinances) "When there is a deficiency the property owner has the option to board and hold the property for futane repairs, " and his client was not given notice of his right under this Code. However, this right was discovered and it was exercised it in the document filed, which states "We elect the option to board and hold " By my client boarding for holding for future repairs satisfies the situation. Attorney Corley requested the Board dismiss this case due to the Hearing Notice being fatally defective or find the case moot because his client has exercised his board and hold option. Extending this case to March, 2019, would be acceptable, however, finding the case moot is preferable. He explained the reason for his client not fixing the roof as being due to discussions with City Staff who have provided excellent ideas on a change in use of the property that involves demolishing two or three of the buildings. Chair de Luna stated that the Notice of Objection may be untimely as three (3) hearings have already taken place with no objections. Attorney John Wallace, from Lewis, Longman & Walker, P. A., was present on behalf of Brenna Durden (CA). He addressed the Notice of Objection and stated this does not evolve constitutional due process given the prior Notices. With regard to the options a property owner has, the Code adopts the 2006 version specifically and this version of the Code does not allow for the boarding of property to abate the nuisance and was subsequently added to the Code. Mr. Wallace informed the Board that he has not had enough time to fully evaluate whether that option is available to the property owner, but his first impression is that it is not. It is his recommendation to defer this case until the next meeting on March 12, 2019. Chair de Luna opened the floor for questions. All questions were answered. MOTION. To continue the case to the March 12, 2019 meeting. Motion: Lindsay Norman Second. Louis Keith Code Enforcement Board January 8, 2019 Whitney Heflin For Louis Keith (Seconded By) For Judy Workman For Lindsay Norman (Moved By) For Richard Lombardi For Don Sasser For Benjamin de Luna For Motion passed 7 to 0 C. 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 that a new roof has been installed and passed inspection. Staff recommended to find the property in compliance. MOTION. To adopt the staff recommendation, find Case # 17-288 in compliance. Motion: Louis Keith Second. Lindsay Norman Whitney Heflin For Louis Keith (Moved By) For Judy Workman For Lindsay Norman (Seconded By) For Richard Lombardi For Don Sasser For Benjamin de Luna For Motion passed 7 to 0 D. CASE#: 18-110 NAME: Joseph Quest ADDRESS: 1860 Mayport Road CE Officer Irizarry presented the case history of the violations and displayed photos of the property. At the September 11, 2018 meeting the Respondent was ordered to come into compliance by December 1, 2019. She reported the Respondent received his permit on November, 26, 2018. Photos taken January 8, 2019 reveal the property has been screened by fence and lined with Queen Palms. CE Officer Irizarry stated there is a small section left to screen. Staff recommended to find the property in compliance. Code Enforcement Board January 8, 2019 MOTION. To adopt the staff recommendation, find Case # 18-110 in compliance. Motion: Richard Lombardi Second. Benjamin de Luna Whitney Heflin For Louis Keith For Judy Workman For Lindsay Norman For Richard Lombardi (Moved By) For Don Sasser For Benjamin de Luna (Seconded By) For Motion passed 7 to 0 E. CASE#: 18-113 NAME: Willie Johnson Estate ADDRESS: 1921 Mealy Street CE Irizarry presented the case history and stated this case was continued to the January 8, 2019 meeting. he stated the actual deadline is scheduled for the March meeting, but at the last meeting the Board requested the new owner come in and give an update on the status of the repairs. Attorney Allan Winter was present to represent Mr. Demps. Attorney Winter reported that his client, Mr. Demps, was not yet present due to illness. He proceeded to update the Board on the progress Mr. Demps has had regarding the Home Equity Line of Credit Loan (HELOC). Mr. Demps arrived at 6:28 p.m. and was administered the Oath by Chair de Luna. Attorney Winter summarized the correspondence stating the requirements of receiving the loan include owning the home for at least (6) six months. He presented the Board members with printouts of the email correspondence and with the Order Determining Homestead Real Property. He also reported that the Order determining Homestead Property was filed on October 5, 2018 in Duval County Clerk of Courts, therefore, he would become eligible for the HELOC loan in early March 2019. Attorney Winter requested the Board continue the case to the March 12, 2019 meeting. All questions were answered. Chair de Luna stated that no motion is necessary and a hearing date is scheduled for March 12th. Code Enforcement Board January 8, 2019 F. CASE#: 18-222* NAME: Bill Lockhart ADDRESS: 18 N Saratoga CE Officer Irizarry presented the case history and stated that the citation was for an abandoned pool. Ms. Irizarry reported the pool has been removed and staff recommended the Board find the property in compliance. MOTION: To adopt the staff recommendation, find Case # 18-046 in compliance. Motion: Don Sasser Second. 91 itney Heflin Whitney Heflin (Seconded By) For Louis Keith For Judy Workman For Lindsay Norman For Richard Lombardi For Don Sasser (Moved By) For Benjamin de Luna For Motion passed 7 to 0 G. CASE#: 18-278* NAME: Henderson Family Trust ADDRESS: 770 East Coast Drive CE Officer Irizarry presented the case history and displayed photos. Ms. Irizarry stated this case involved ten (10) interior violation's, and at the meeting of November 28, 2018, Respondent reported that the work was done and inspection was upcoming. Inspections were completed and passed. Ms. Irizarry recommended finding the property in compliance. MOTION: To adopt the staff recommendation, find Case # 18-278 in compliance. Motion: Lindsay Norman Second. Whitney Heflin Whitney Heflin (Seconded By) For Louis Keith For Judy Workman For Lindsay Norman (Moved By) For Richard Lombardi For Don Sasser For Benjamin de Luna For Code Enforcement Board January 8, 2019 7. Motion passed 7 to 0 H. CASE#: 18-293* NAME: Vriga Ryant ADDRESS: 532 Atlantic Beach Ct CE Officer Irizarry presented the case history of the violation and displayed photos. Ms. Irizarry reported the citation was for a swimming pool that was not secured. She stated that at the November 28, 2018 CEB meeting Board allowed until December 1, 2018 to come into compliance. Ms. Irizarry reported that the Respondent has installed a code -compliant fence around the pool. She recommends to find the property now in compliance. All questions were answered. Mr. Vriga was present and addressed the Board stating he will remain in compliance. Due to an easement at Atlantic Beach Country Club, a permanent fence would have to come up 20 to 25 feet from the actual lake. Mr. Vriga has requested alternate placement of his fencing from his Homeowners Association (HOA) and is awaiting a response. MOTION. • To adopt the staff recommendation, find case # 18-293 in compliance. Motion: Richard Lombardi Second. Whitney Heflin Whitney Heflin (Seconded By) For Louis Keith For Judy Workman For Lindsay Norman For Richard Lombardi (Moved By) For Don Sasser For Benjamin de Luna For Motion passed 7 to 0 NEW BUSINESS Judy Workman asked whether the Board would still be meeting as a Board in March. Chair de Luna stated he has never been contacted by the Commission or Mayor. He expressed his confusion for the lack of contact from the City. Commissioner Kelly was in attendance and asked to address the Board regarding status of the special magistrate discussions. Commissioner Kelly informed the Board that the Commission has discussed the topic of a special magistrate but it has not yet been decided upon. The Board has instructed the City Code Enforcement Board January 8, 2019 Manager to explore the idea. She explained the Commission is gathering information, and when it has been decided to move forward with a special magistrate the Commission will inform the CEB members. She explained there needs to be more groundwork laid before the Commission can consider transitioning to a special magistrate as there are multiple process involved. Commissioner Kelly stated the Commission's consideration of transitioning to a special magistrate is not an attempt to stop community input or an effort to collect more money for the City, but rather is a matter of streamlining staff and providing consistency. Discussion ensued about the perceived lack of communication by the Commission to the CEB. Mr. Sasser expressed his frustration with some of the statements made by Commissioner Kelly and his opinion that she needed to retract some of her comments or provide examples of some of the issues with the CEB the Commission has complained about. Specifically, that complaint that the CEB rules against the elderly. He asked Commissioner Kelly to either give examples of the CEB ruling against the elderly or retract the statement she made suggesting this. Commissioner Kelly cited a case that was heard at this meeting. Discussion ensued regarding City Codes, the fines ordered, the accuracy of Commissioner Kelly's statement, and the use of the recommendations made by the CE Officer. Chair de Luna expressed his frustration with the lack of communication and information from the Commission to the CEB with regard to the magistrate. He asked Commissioner Kelly the cost savings with a special magistrate. Commissioner Kelly informed Mr. de Luna the Commission is exploring the use of a special magistrate not only for the potential cost savings but also for efficiency and consistency. Because the CEB is a quasi-judicial panel, the Commission wants to make sure the City is always in a defensible situation. Chair de Luna suggested Commissioner Kelly educate herself before malting these types of statements as using a magistrate does not automatically protect the City from being sued. He asked Commissioner Kelly to make sure the Commission is making decisions based on facts. He stated he has not heard one good reason to do away with the CEB. Discussion ensued about supporting the City's Code Enforcement Officer and how the Board makes decisions. Mr. Sasser expressed his concern over the Commission's unfounded accusations at a Commission Meeting. He stated he would be glad to resign if that is what is necessary. He asked Commissioner Kelly to restate the facts to the Board of Commissioners. Ms. Heflin stated her concern with a special magistrate is that the person hired is not required to live in the community. She does not feel someone living outside the community would have a lot of vestige with regard to malting decisions. Code Enforcement Board January 8, 2019 8. Commissioner Kelly was thanked for being in attendance. Ms. Heflin stated that she has not heard from Commissioner Kelly or the City since her welcome letter from the former mayor. She questioned the fiscal decision regarding switching to a magistrate. Chair de Luna talked about being communicative and transparent. He feels this is not the case in this issue. He thanked everyone for their input. ADJOURNMENT. There being no further discussion, Chair de Luna declared the meeting adjourned at 7:09 p.m. Attest: Phyllis adeau, Recording Secretary /9,'� "6 Benj m de Luna, Chair Date Approved: Code Enforcement Board January 8, 2019