03-12-19 CEB Meeting Minutes (FINAL)MINUTES
Code Enforcement Board Meeting
Tuesday, March 12, 2019 - 6:00 PM
Commission Chamber
Present: Judy Workman, Member
Lindsay Norman, Member
Don Sasser, Member
Benjamin de Luna, Chair
Absent:
Whitney Heflin, Member
Louis Keith, Member
Also Present: Brenna Durden, City Attorney (CA)
Shane Corbin, Community Development Director
Angela Irizarry, Code Enforcement Officer
Phyllis Nadeau, Associate City Clerk/Recording Secretary
1. CALL TO ORDER
Chair de Luna called the meeting to order at 6:00 PM.
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 January 8, 2019 regular meeting of the Code Enforcement
Board.
MOTION. To approve minutes of the January 8, 2019 Code Enforcement Board
meeting.
Motion: Lindsay Norman
Second: Judy Workman
Voice vote resulted in all Ayes to approve the minutes as submitted.
5. ADMINISTRATION OF OATH
Chair de Luna administered the Oath to attendees presenting testimony -staff, respondents, and
witnesses.
Code Enforcement Board
March 12, 2019
6. OLD BUSINESS
Code Enforcement (CE) Officer Irizarry provided a summary of the three properties/four cases
for Klotz. Ms. Irizarry explained that the owner of the property, Jeff Klotz, has met with
Planning and Development and has submitted a proposed site plan for a new use of the
properties - an art area, a farmers market, and some other different uses. Demolition permit
applications have been submitted to demo some of the buildings, all pending approval of the
proposed site plan.
A. CASE #: 17-286
NAME: Ossi Klotz,LLC
ADDRESS: 1830 Mayport Road
CE Officer Irizarry presented the case history and displayed photos. She reported the
demolition permit application has been submitted and is pending processing. Mr.
Klotz's attorney, Mr. William Corley, is present.
Mr. Corley addressed the Board and submitted a handout of a map showing the
structures pending demolition and a map showing the preliminary site plan for the
change in use. (attached and made part of the record) Mr. Corley also provided
information about their total plans for redevelopment of other properties north and west
of these referenced properties on Mayport Road.
Ms. Irizarry explained the City wishes to work with the Respondent as the project
moves forward. The proposed redevelopment will have a positive impact to this
community. Staff recommended that no fines be imposed and requests to allow sixty
(60) days to complete the demolition.
Chair de Luna opened the floor for questions from the Board members. All questions
were answered.
After a lengthy discussion it was suggested to allow ninety (90) days to complete the
demolition.
MOTION. To continue Case #17-286, and allow ninety (90) days to complete the
demolition. Failure to comply will result in the $250.00 per day fine being imposed.
Motion: Judy Workman
Second: Lindsay Norman
Voice vote resulted in all Ayes to approve the motion.
B. CASE#: 17-287
NAME: Ossi Klotz,LLC
ADDRESS: 1850 Mayport Road
Code Enforcement Board
March 12, 2019
CE Officer Irizarry presented the case history and displayed photos of the roof
violation. Ms. Irizarry reported a roof permit was issued, the work/repairs completed
per Mr. Corley, but there has been no call for a final inspection. This building is
boarded and not in use.
She reported determining future use or demolition of this structure is pending approval
of the preliminary site plan application that has been submitted and is pending
processing. Mr. Klotz's attorney, Mr. William Corley, had nothing to add to the report.
Ms. Irizarry stated there is a pending $250.00 per day fine and requested holding fines
in abeyance while the Respondent is working with the City on the proposed site
redevelopment plans. Staff also recommended allowing ninety (90) days to allow for
determining future use or demolition of this structure.
There was a lengthy discussion with questions about the status of the roof, the process
and time schedule for processing the site plans, and determining future use or
demolition of this structure.
MOTION. To continue Case #17-287 and allow until March 31, 2019 to obtain the
required roof inspection for compliance. Failure to comply will result in the $250.00
per day fine being imposed.
Motion: Norman
Second: Sasser
Voice vote resulted in all Ayes to approve the motion.
C. CASE#: 18-064
NAME: Ossi Klotz,LLC
ADDRESS: 1850 Mayport Road
CE Officer Irizarry presented the case history and displayed photos. She reported that
there are thirteen (13) violations of the interior of the structure. It is currently boarded
and not in use. As stated in the previous case (same address) determining future use or
demolition of this structure is pending approval of the preliminary site plan application
that has been submitted and is pending processing.
Staff recommends finding this case in compliance because it is boarded and not in use.
MOTION. • To find Case #18-064 in compliance.
Motion: Judy Workman
Second: Lindsay Norman
Voice vote resulted in all Ayes to approve the motion.
Code Enforcement Board
March 12, 2019
D. CASE#: 18-073
NAME: Ossi Klotz, LLC
ADDRESS: 1844 Mayport Road
CE Officer Irizarry presented the case history and displayed photos. She reported that
the proposed plan, pending preliminary site plan approval, is for a Farmers Market. Ms.
Irizarry was informed by Mr. Corley they want to gut the building, which would
resolve all the open violations on the property. Currently there is one tenant operating a
business in this building.
CE Officer Irizarry stated the building is a safety issue. Staff recommended continuing
the fine. The respondent should either gut the building or board the building to be in
compliance. The tenant would have to vacate the building.
Mr. Corley concurred and is willing to board the building.
MOTION. • To continue Case #18-073 and allow ten (10) days to board the building
and vacate the tenant. Failure to comply will result in the $250.00 per day fine being
imposed.
Motion: Lindsay Norman
Second: Don Sasser
Voice vote resulted in all Ayes to approve the motion.
Chair de Luna called for a recess at 6:48 PM. The meeting reconvened at 6:50 PM.
E. CASE#: 18-100
NAME: Lisa Pelkey
ADDRESS: 1887 Beach Avenue
CE Officer Irizarry presented the case history and displayed photos. She reported the
violation was for failing to correct the hurricane damage to the exterior walls and noted
this property is on the oceanfront.
Officer Irizarry stated the property is being remodeled, the necessary permits have been
pulled and repairs to the hurricane damage have been addressed. She recommended
finding this homeowner in compliance.
MOTION: To adopt Staff recommendation and find Case #18-100 in compliance.
Motion: Lindsay Norman
Second. Judy Workman
Code Enforcement Board
March 12, 2019
Judy Workman (Seconded By) For
Lindsay Norman (Moved By) For
Don Sasser For
Benjamin de Luna For
Motion passed 4 to 0.
F. CASE: 18-113
NAME: Willie Johnson Estate
ADDRESS: 1921 Mealy Street
CE Officer Irizarry presented the case history and displayed photos. She reviewed Mr.
Demps obtained the property in October 2018, has to wait six months (April 2019)
before applying for the HELOC (Home Equity Line of Credit) in order to make the
necessary repairs. Mr. Demps is not present to provide an update on permits, work,
etc., and Officer Irizarry stated she will continue this case and put him back on the next
meeting agenda.
G. CASE: 18-158*
NAME: Sheila Powers
ADDRESS: 1946 Beachside Court
CE Officer Irizarry presented the case history of the violations and displayed photos.
Ms. Irizarry reported the Respondent obtained a variance and a fence permit and are
now in compliance. The Respondent was present and had nothing to add.
MOTION. • To adopt the Staff recommendation, find Case #18-158 in compliance.
Motion: Don Sasser
Second. Judy Workman
Don Sasser (Moved By) For
Judy Workman (Seconded By) For
Lindsay Norman For
Benjamin de Luna For
Motion passed 4 to 0.
H. CASE#: 18-182*
NAME: William Easterbrooks
ADDRESS: 925 Amberjack Lane
CE Officer Irizarry presented the case history of the violations and displayed photos.
Ms. Irizarry reported the Respondent has removed the storage items from the driveway,
the fascia and soffit are repaired, and removed the porch. This case is in compliance.
Code Enforcement Board
March 12, 2019
MOTION: To adopt the Staff recommendation, find Case # 18-182 in compliance.
Motion: Lindsay Norman
Second. Don Sasser
Lindsay Norman (Moved By) For
Don Sasser (Seconded By) For
Judy Workman For
Benjamin de Luna For
Motion passed 4 to 0.
I. CASE#: 18-204
NAME: William Dutter
ADDRESS: 177 Pine Street
CE Officer Irizarry presented the case history (from June 2018) of the violations and
displayed photos. Ms. Irizarry reported the Respondent now has a contractor, a permit
application has been submitted, and work will commence May 1, 2019. The
Respondent is not present.
Staff recommendation is to allow until May 15, 2019 to start work or impose a fine.
Sue Perry, complainant, took the floor to address the Board. She spoke about a
fraudulent civil law suit Mr. Dutter filed, the impact this case has had on her property
and stated the Respondent is using delay tactics. Ms. Perry stated that the work should
start sooner and that a fine should be imposed.
Officer Irizarry submitted a copy of the contractor's contract to the Board for
verification.
MOTION: To find Case #18-204 is in violation, allow until May 31, 2019 for completion of
the work for compliance. Failure to comply will result in a $250.00 per day fine until in full
compliance.
Motion: Judy Workman
Second. Lindsay Norman
Judy Workman (Moved By) For
Lindsay Norman (Seconded By) For
Don Sasser For
Benjamin de Luna For
Motion passed 4 to 0.
Code Enforcement Board
March 12, 2019
J. CASE#: 18-320
NAME: Ghose Devajyoti
ADDRESS: 317 East Coast Drive
CE Officer Irizarry presented the case history of the violations and displayed photos.
Ms. Irizarry reported the Respondent has flagstone in their rear yard that exceeds the
50% impervious rule.
Staff recommendation is to find Case #18-320 in violation and impose the $250.00 per
day fine until the flagstone is completely removed.
The Respondent was present and addressed the Board and spoke about the flagstone
installation/violation history and their pervious/impervious surface on the property.
There was a lengthy discussion about the recent change in code pertaining to
pervious/impervious surface, which now allows for a variance. The Respondent
expressed interest in pursuing an application for a variance (via the Community
Development Board).
MOTION. To continue Case # 18-320 to May 31, 2019 and report status at the following
Code Enforcement/Special Magistrate meeting.
Motion: Benjamin de Luna
Second: Lindsay Norman
Lindsay Norman (Seconded By) For
Benjamin de Luna (Moved By) For
Judy Workman For
Don Sasser For
Motion passed 4 to 0.
7. NEW BUSINESS
A. CASE#: 18-322
NAME: Sandra Pischly Estate
ADDRESS: 1044 Hibiscus Drive
CE Officer Irizarry presented the case history of the violations and displayed photos.
Ms. Irizarry reported the Respondent installed a fence without a permit and as of this
date no permit application has been submitted.
Staff recommendation is to find Case #18-322 in violation, allow fifteen (15) days to
submit the required permit application for review and approval. Failure to comply will
result in a $100.00 per day fine until full compliance is achieved.
Code Enforcement Board
March 12, 2019
ACTION: To adopt the Staff recommendation, find Case #18-322 in violation, allow fifteen
(15) days to submit the required fence permit application for review and approval. Failure to
comply will result in a $100.00 per day fine until full compliance is achieved.
Motion: Lindsay Norman
Second. Don Sasser
Lindsay Norman (Moved By)
Don Sasser (Seconded By)
Judy Workman
Benjamin de Luna
Motion passed 4 to 0.
B. CASE#: 18-365*
NAME: Sheri Fogg Parkinson
ADDRESS: 1010th Street Unit 22
For
For
For
For
CE Officer Irizarry presented the case history of the violations and displayed photos.
Ms. Irizarry reported the Respondent had general construction work completed in the
unit without the required permits and inspections. Upon receipt of the notification of
the violation the Respondent applied for and obtained a permit for the work on the
interior of the unit. They have passed their first inspection.
Staff recommendation is to find Case #18-365 in violation, and now in compliance.
MOTION: To adopt Staff recommendation and find was in violation, and now in compliance.
Motion: Lindsay Norman
Second: Judy Workman
Judy Workman (Seconded By) For
Lindsay Norman (Moved By) For
Don Sasser For
Benjamin de Luna For
Motion passed 4 to 0.
C. CASE#: 19-002
NAME: James Douglas Thompson
ADDRESS: 221 Seminole Road
CE Officer Irizarry presented the case history of the violations and displayed photos.
Ms. Irizarry reported the Respondent installed new windows and a fence without a
permit and as of this date no permit application has been submitted.
Code Enforcement Board
March 12, 2019
Staff recommendation is to find Case 419-002 in violation, allow fifteen (15) days to
submit the required permit application for review and approval. Failure to comply will
result in a $100.00 per day fine until full compliance is achieved.
MOTION: To adopt Staff recommendation, to find Case #19-002 in violation, allow fifteen
(15) days to submit the required permit application for review and approval. Failure to comply
will result in a $100.00 per day fine until full compliance is achieved.
Motion: Lindsay Norman
Second. Don Sasser
Lindsay Norman (Moved By) For
Don Sasser (Seconded By) For
Judy Workman For
Benjamin de Luna For
Motion passed 4 to 0.
8. ADJOURNMENT.
Mayor Glasser took the floor to address the Board and acknowledged everyone - Staff and
volunteers alike - for their participation in City government. Ms. Glasser extended her thanks
to the Code Enforcement Board for their outstanding dedication and service to the City of
Atlantic Beach. This is the last Code Enforcement Board meeting; the Special Magistrate will
start in May 2019. Mayor Glasser presented certificates to the Code Enforcement Board
members.
There being no further discussion, Chair de Luna declared the meeting adjourned at 10:30 p.m.
Attest:
aA�
Phyll' Nadeau,Recording Secretary
Benjamin de Luna, Chair
Date Approved
Code Enforcement Board
March 12, 2019