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