12-02-19 Special Called CESM MeetingMINUTES
Special Called Code Enforcement
kor Special Magistrate Meeting
Monday, December 2, 2019 -9:30 AM
Commission Chamber
Present: Jeb Branham, Special Magistrate
Angela Irizarry, Code Enforcement Officer
Lori Diaz, Deputy City Clerk
1. CALL TO ORDER
Magistrate Branham called the meeting to order at 9:30 AM.
The Magistrate stated the Respondent, Attorney Pekoe representing Wells Fargo filed a motion
for a re-hearing of Case#14-00000980 and he explained the meeting process which is governed
by the Florida Statutes, Chapter 162, and the City of Atlantic Beach (COAB) Code of
Ordinances.
2. ADMINISTRATION OF OATH
Magistrate Branham deferred administering the Oath, pending the arrival of Respondent Wells
Fargo's witness currently en route to the meeting.
3. NEW BUSINESS
Magistrate Branham asked if the COAB had any additional testimony or documentary evidence
to offer.
Attorney John Wallace responded he did not have additional testimony or documentary evidence
to offer. Mr. Wallace stated he will seek clarification of the Order, which is attached and made
part of this Official Record as Attachment A,but will hold this until the end.
Magistrate Branham administered the Oath to COAB Code Enforcement Officer Angela Irizarry
and asked her to state the contents of the Agenda packet.
Ms. Irizarry provided testimony stating the contents of the Agenda packet,which was introduced
at the prior hearing, contains the transcripts of that hearing and copies of all the exhibits
submitted. The Agenda packet was taken into evidence by Magistrate Branham for this re-
hearing.
Magistrate Branham asked if the Respondent, Andrew Stelzmann,had any additional testimony
or documentary evidence to offer.
Mr. Stelzmann responded that at this time he did not, but may have later.
Code Enforcement Special Magistrate
December 2,2019
Magistrate Branham asked if Wells Fargo Home Mortgage had any additional testimony or
documentary evidence to offer.
Attorney Andrew Pekoe responded he has witness testimony to present but the witness is still
en route. Mr. Pekoe stated he did have a report from his witness. Magistrate Branham stated the
report could be entered as evidence and Mr. Pekoe complied.
RECESS
Magistrate Branham called for a 15-minute recess at 9:40 AM to allow time for Mr. Pekoe's
witness to arrive. Magistrate Branham reconvened the meeting at 9:55 AM;the witness still had
not arrived.
Attachment A
A. CASE #:14-00000980*
NAME: Andrew Stelzmann and Wells Fargo Home Mortgage
ADDRESS: 196 AND 198 Poinsettia Street
Magistrate Branham requested Attorney Pekoe to present his testimony.
Mr. Pekoe explained the reason for requesting a re-hearing is to obtain clarification on
what it would take to achieve compliance to the Order issued.(Attachment A)Questions
are as follows:
How to bring 198 into compliance?
Demolition of one half of the duplex?
Shoring of 196?
Rehabilitation if possible?
Para#35 of Order- need clarification?
Compliance to Order and avoid possible fines?
Mr. Pekoe is requesting additional time to figure out a definite plan to present and not
be in violation with the Order.
Magistrate Branham requested COAB John Wallace to present testimony and/or
questions at this time.
Mr. Wallace requested clarification in the Order for the term 'shoring'. He stated this
term applies to vertical reinforcement and that the COAB Building Official had stated
there also needs to be'bracing',which applies to horizontal loads. He requested that both
terms, shoring and bracing, be clarified in the Order. (Attachment A)
Regarding the fines that were reduced to $125.00 per day, Mr. Wallace is requesting the
fines be imposed at $250.00 per day.
Code Enforcement Special Magistrate
December 2,2019
ACTION
Magistrate Branham stated his ruling is that he will modify the previous Order to clarify
that Wells Fargo's plan does not have to contain a permanent solution. He stated the fine
will continue to run at $125.00 per day, for the requirement of temporary shoring and
bracing, keeping the original 90-day deadline for submitting a complete plan. Failure to
comply within 90 days will result in the fine being raised to$250.00 per day. If necessary
Magistrate Branham will allow Wells Fargo until the end of the month (February) to
submit a permanent plan.
4. ADJOURNMENT
There being no further discussion and/or testimony, Special Magistrate Branham adjourned the
meeting at 10:07 AM.
Attest:
AA.
Lori Diaz, Deputy City . -rk Jeb . Branham, P.A., Special Magistrate
S, 0020
Date Approved
Code Enforcement Special Magistrate
December 2,2019
ATTACHMENT A
October 31, 2019 Minutes
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner
vs.
Andrew Stelzmann, Served Via First Class and Certified Mail
196 Poinsettia Street Return Receipt Requested to
Atlantic Beach, Fl 32233 7017 1000 0000 6991 1978
and
Wells Fargo Home Mortgage Served Via First Class and Certified Mail
Attn: Property Preservation Return Receipt Requested to
1 Home Campus 7017 1000 0000 6991 1596
Des Moines, Ia 50328
Respondents Property Address: 196 & 198 Poinsettia St.
Atlantic Beach, Fl
CASE NUMBER: 14-00000980
REAL ESTATE NUMBER: 170636-0500 and 170630-0510
LEGAL DESCRIPTION: 10-16 21-2S-29E, SALTAIR SEC 3, BOTH HALVES OF LOT 684,
ATLANTIC BEACH, FL
ORDER ON CASE No. 14-00000980
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate
on October 31, 2019 pursuant to the Order to Vacate and Demolish Property and Notice of
Hearing issued by Building Official Dan Arlington on October 16, 2019, and the Special
Magistrate having heard testimony under oath, received evidence, and heard arguments
respective to all appropriate matters, issues Findings of Fact, Conclusions of Law, and Orders
as follows::
FINDINGS OF FACT
1. Respondent Wells Fargo Home Mortgage owns the property located at 198
Poinsettia Street, Atlantic Beach, Florida.
2. Respondent Andrew Stelzmann owns the property located at 196 Poinsettia Street,
Atlantic Beach, Florida.
3. The Order to Vacate and Demolish Property and Notice of Hearing(hereinafter
Order to Vacate and Demolish)was sent to both Respondents by certified mailing,
hand delivery to Mr. Stelzmann, and posting on the property.
4. Regina Kozlowski, a real estate agent with Century 21 Lighthouse Realty, appeared
at the hearing on behalf of Respondent Wells Fargo.
ATTACHMENT A
October 31, 2019 Minutes
5. Respondent Andrew Stelzmann appeared at the hearing.
6. The property located at 198 Poinsettia has been the subject of code enforcement
violations, fines, and fine reductions since 2014.
7. Wells Fargo acquired 198 Poinsettia by a certificate of title issued on or about July 1,
2019.
8. 196 and 198 Poinsettia is a two-unit townhouse structure with each unit owned
independently.
9. The structure is wood-framed, three stories tall, and consists of two 14' wide by 28'
long rectangles that are set against one another and share approximately 1/3 of the
28' long side.
10.The two units of the structure support one another. 196 Poinsettia would not be
adequately supported standing on its own without 198 Poinsettia due, at least in part,
to its height combined with the narrow width it would have as a free-standing
structure.
11.The prior owner of 198 Poinsettia, Wayne Douglas Scott,had abandoned the
property by at least 2016.
12.The condition of the 198 Poinsettia property has steadily deteriorated since it was
abandoned.
13. 198 Poinsettia was found to be unfit for human occupancy in August 2016.
14.Wells Fargo's property manager retained structural engineer Geoff Gartner of
Alexander Grace Consulting, Inc. to inspect 198 Poinsettia on August 8, 2019.
15. Gartner found that the structural failure of 198 Poinsettia was imminent.
16.Hurricane Dorian passed offshore of Atlantic Beach on or about September 5, 2019.
Hurricane Dorian's winds did not exceed 40 mph in Atlantic Beach.
17.Following Hurricane Dorian's pass, additional damage at 198 Poinsettia was
observed. This damage included the loss of a wall and the collapse of a floor such
that a refrigerator fell through the floor.
18. Gartner inspected 198 Poinsettia again on September 25, 2019 and October 2, 2019.
19. Gartner found that 198 Poinsettia has now suffered substantial structural damage,
and under the Florida Building Code, the entire structure at 196 and 198 Poinsettia
must brought up to compliance with the current Florida Building Code if 198
Poinsettia were to rebuilt or demolished.
20.Atlantic Beach Building Official Dan Arlington has inspected 198 Poinsettia on
numerous occasions, including after Hurricane Dorian's pass and shortly before this
hearing.
21.Arlington testified that both 196 and 198 Poinsettia were in imminent danger of
collapse in a high wind event. Arlington defined a high wind event as winds of 75
mph or above.
22.Arlington testified that 198 Poinsettia poses a flying debris hazard in a high wind
event.
23. Gartner testified that 198 Poinsettia could collapse at any time.
24. Gartner testified and explained in his reports that when 198 Poinsettia collapses, the
pull on the units' shared wall is likely to significantly damage 196 Poinsettia, and if
the shared wall between the two units is compromised, the entire structure would
collapse due to the floor systems of both units bearing on the shared wall.
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ATTACHMENT A
October 31, 2019 Minutes
25. Gartner testified that 196 Poinsettia could remain standing for months or perhaps
years, although a risk of collapse is imminent due to the risks to 196 Poinsettia posed
by 198 Poinsettia's condition and imminent collapse.
26. 198 Poinsettia poses a risk to nearby persons and property in a high wind event due
to the flying debris that will be dislodged from it, that is already loose, or that will
become loose.
27.The collapse of 198 Poinsettia poses a substantial risk of compromising the structure
of 196 Poinsettia such that 196 Poinsettia will become unsafe to occupy at some
unknown time in the future if it is not permanently shored.
28. 196 Poinsettia will be unsafe to occupy during any demolition of 198 Poinsettia and
will remain so until such time as 196 Poinsettia is temporarily and then permanently
shored.
29.The structure remaining at 198 Poinsettia cannot be repaired.
30.By Building Official Arlington's Order issued on October 16, 2019, Respondent
Stelzmann has been ordered to vacate 196 Poinsettia, and both Respondents have
been ordered to demolish their respective structures.Arlington's Order did not
specify a time for compliance.
CONCLUSIONS OF LAW
31.Fla. Stat. § 162.08(5) and Atlantic Beach Code § 2-149(5) authorize the Special
Magistrate to issue orders commanding whatever steps are necessary to bring a
violation into compliance.
32.The City of Atlantic Beach has, via Code § 6-120, adopted the International Property
Maintenance Code (hereinafter IPMC) and incorporated it into its ordinances.
33. 198 Poinsettia is dangerous to life, health, property, and the safety of the public in
violation of§ 108.1.1 of the IPMC due to the likelihood of partial or complete collapse.
34. 196 Poinsettia is also dangerous to life, health, property, and the safety of the
occupants in violation of§ 108.1.1 of the IPMC due to the imminent collapse of 198
Poinsettia and the risk that the collapse of 198 Poinsettia will trigger the partial or
complete collapse of 196 Poinsettia.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to
the authority granted in Chapter 162,Florida Statutes and the Code of Ordinances of the City
of Atlantic Beach, Florida, it is ORDERED:
35.Wells Fargo must submit a plan to bring 198 Poinsettia into full compliance with
Atlantic Beach's code of ordinances no later than November 25, 2019. The plan must
be submitted to Code Enforcement as well as all other departments that must issue any
building or demolition permits that are necessary to implement the plan. If the plan
includes demolition of 198 Poinsettia, it must provide for temporary and permanent
shoring of the remaining structure so that it is safe for habitation and fully complies
with Atlantic Beach's Code of Ordinances and the Florida Building Code.
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ATTACHMENT A
October 31, 2019 Minutes
36.If Respondent Wells Fargo fails to submit its plan on time, a fine of$125 per day shall
accrue until such time as it submits its plan.
37.Respondent Wells Fargo must complete its plan and have 198 Poinsettia in full
compliance with Atlantic Beach's Code of Ordinances no later than February 3, 2020.
38.If Respondent Wells Fargo fails to complete its plan and have 198 Poinsettia in full
compliance with Atlantic Beach's Code of Ordinance no later than February 3, 2020,
a fine of$125 per day shall accrue until such time as Wells Fargo completes its plan or
the City of Atlantic Beach demolishes 198 Poinsettia.
39.Respondent Stelzmann must vacate 196 Poinsettia upon the commencement of any
demolition of 198 Poinsettia and must remain out of 196 Poinsettia until such time as
it is adequately shored, whether temporarily or permanently.
40. If Respondent Wells Fargo fails to comply with this Order, Petitioner City of Atlantic
Beach is authorized, but is not obligated, to demolish 198 Poinsettia as early as
February 4, 2020. If the City of Atlantic Beach proceeds with demolition of 198
Poinsettia and it determines that permanent shoring of 196 Poinsettia is not feasible or
is economically wasteful, then the City of Atlantic Beach may proceed to demolish
both 196 Poinsettia and 198 Poinsettia.
41.If the City of Atlantic Beach proceeds to demolish both 196 and 198 Poinsettia,
Respondent Stelzmann must vacate 196 Poinsettia within 30 days of receiving written
and posted notice from the City of Atlantic Beach to vacate but in no event will the
City of Atlantic Beach order Respondent Stelzmann to vacate before February 4,2020.
42.Respondent Wells Fargo shall be responsible for all costs incurred by the City of
Atlantic Beach associated with enforcing or carrying out this order, including
demolition and shoring, even if such costs pertain to 196 Poinsettia.
DONE AND ORDERED THISOhday of November 2019.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
A EST:
fiviv
Lori Diaz, Deputy 0 ;lerk Je T. Branham, Special Magistrate
Executed this
1-4 day of November, 2019.
PLEASE NOTE: Florida Statutes,
Section 162.11, states that an appeal of
this order shall be filed in circuit court
within thirty(30) days of this order's
execution.
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