city of fort walton beach regular meeting of the code

~ Agenda ~

City of Fort Walton BeachRegular Meeting of the Code Enforcement Board

Wednesday, November 13, 2019 4:00 PM Council Chamber,

Code Enforcement Board Printed 10/23/2019

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. SWEARING IN OF PERSONS TO TESTIFY

5. APPROVAL OF AGENDA

5.1. Approval of Agenda

(City Manager)

6. APPROVAL OF MINUTES OF PREVIOUS MEETING

6.1. Wednesday, October 09, 2019 4:00 PM

7. PUBLIC HEARINGS

7.1. GHD19-0135

Grass Height Developed case, staff is requesting issuance of Order I(Code Enforcement Board)

7.2. GHD19-0498


7.3. GHD19-0670


7.4. GHD19-0737


7.5. NUS19-0565

Nuisance case, staff is requesting issuance of Order I(Code Enforcement Board)

7.6. OL19-0483

Regular Meeting Agenda November 13, 2019


Business Tax Receipt case, staff is requesting issuance of Order I(Code Enforcement Board)

7.7. OL19-0622


7.8. OL19-0623


7.9. PR19-0586

Permit Required case, staff is requesting issuance of Order I(Code Enforcement Board)

7.10. UNO19-0659

Unlicensed Non-Operative Items case, staff is requesting issuance of Order I(Code Enforcement Board)

7.11. UNO19-0703

Unlicensed Non-Operative Items case, staff is requesting issuance of Order I(Code Enforcement Board)

7.12. GHD19-0658

Grass Height Developed case, staff is requesting issuance of Order II(Code Enforcement Board)

7.13. GHD19-0594

Grass Height Developed case, staff is requesting issuance of Order II(Code Enforcement Board)

7.14. WS19-0573

Water Service case, staff is requesting issuance of Order I(Code Enforcement Board)

7.15. GHD19-0699


8. CASES IN COMPLIANCE BEFORE HEARING

9. UNFINISHED BUSINESS

10. ADDITIONAL BUSINESS

11. ADJOURNMENT

Quasi-Judicial - denotes that the item must be conducted as a quasi-judicial hearing in accordance with Florida Statutes.

Any person who decides to appeal any decision made with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. Chapter

Regular Meeting Agenda November 13, 2019


286.0105).

The City of Fort Walton Beach adheres to the Americans with Disabilities Act and will make reasonableaccommodations for access to this meeting by a physically handicapped person upon notice 48 hours prior to the meeting. Please call the City Clerk, Kim M. Barnes, at 850-833-9509 or e-mail at [email protected] to make a request. For Hearing Impaired dial 1-800-955-8771 (TDD) or 1-800-955-8770 (VOICE) or e-mail [email protected].

All City of Fort Walton Beach council and board meetings are recorded. The video can be accessed at www.fwb.org.

Code Enforcement BoardCITY MANAGERMEMORANDUM

To: Michael D. Beedie, City Manager

From: Carole Jones, Executive Assistant

Date: November 13, 2019

Subject: Approval of Agenda

Page 1 of 1

SIGNATURE BLOCK:Carole Jones Completed 10/23/2019 10:57 AMCode Enforcement Board Pending 11/13/2019 4:00 PM

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~ Final Minutes ~

City of Fort Walton Beach

Regular Meeting of the Code Enforcement Board

Wednesday, October 9, 2019 4:00 PM

,

Code Enforcement Board Page 1 Printed 10/23/2019

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL 4:00 PM Meeting was called to order on October 9, 2019 at Council Chamber, 107 Miracle Strip

Parkway SW, Fort Walton Beach, FL.

Attendee Name Title Status Arrived

Glenda Glover Present

Michael Keith Bridwell Present

Janet Wilson Present

Robert Rennie Present

Michael Rojas Present

Jared McClure Present

Heather Hebert Present

SWEARING IN OF PERSONS TO TESTIFY The City Attorney gave the Oath to those who planned to testify.

APPROVAL OF AGENDA Burt Rhodes, Code Inspector, advised the following items have complied: Items 7.1, 7.4, 7.5,

7.6, 7.7, 7.8, 7.10, and 7.12.

The vote on the motion to approve the agenda, as amended, carried unanimously.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]

MOVER: Robert Rennie

SECONDER: Heather Hebert, Board Member

AYES: Glover, Bridwell, Wilson, Rennie, Rojas, McClure, Hebert

APPROVAL OF MINUTES OF PREVIOUS MEETING The vote on the motion to approve the minutes of September 11, 2019 carried unanimously.

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Regular Meeting Minutes October 9, 2019


RESULT: ADOPTED AS AMENDED [UNANIMOUS]

MOVER: Glenda Glover



PUBLIC HEARINGS MAN18-0028, 240 Coral Drive SW

Mr. Rhodes advised that on May 8, 2019, the property located at 240 Coral Drive SW owned by

Sheila Kelly was brought before the Code Enforcement Board. The Board found the property in

violation of Maintenance General: Sec. 507.01, Failure to Repair and Maintain Structures on the

Property. The Board issued an order giving the respondents until August 6, 2019 to bring the

property into compliance, and as of today, October 9, 2019, significant cosmetic repairs have

been made. However, there is still an extreme need for roofing and siding repair. Additionally,

the homeowner, Ms. Kelly has brought to my attention that she has incurred large costs as she

had to replace her A/C system and much of the plumbing in the house.

As there was no objection from the respondent, Exhibits H, I, and J were entered into the record

and the Board viewed exhibits including photographs. Mr. Rhodes informed that based on Ms.

Kelly's financial situation, Staff would suggest a six-month continuance of the case. If the Board

does not want to continue the case, staff would request acceptance of the Findings of Fact,

Conclusions of Law and issuance of Order II, including the $325.00 administrative fee.

Staff would recommend giving an additional six months to comply before imposing a fine of

$100.00 per day, which would make the new compliance deadline on April 9, 2020.

Sheila Kelly, 240 Coral Drive, respondent, was asked by the Board if six months would be

enough time for her to complete the work if the case were continued, and she advised it would be

enough.

The vote on the motion to give the respondent an additional six months to comply before

imposing a fine of $100.00 per day, which would make the new compliance deadline on April 9,

2020, carried unanimously.

RESULT: APPROVED [UNANIMOUS]

MOVER: Michael Keith Bridwell

SECONDER: Robert Rennie


LIT19-0391, 26 Laurie Drive NE

Ed Moore, Code Inspector, reported that on August 14, 2019, the property located at 26 Laurie

Drive NE owned by Sungvarn Thongpaen was brought before the Code Enforcement Board.

The Board found the property in violation of Code Section. 5.04.01 (1 to 7) and 5.04.02 (2,4,6,7,

&9): Litter; Code Section 3.01.05 & FBC Sec. 105.1: Permit Required; and Code Section

5.04.01 & 5.04.02 (9) (10): Unlicensed/Non-Operative Items. The Board issued an order giving

the respondents until September 3, 2019 to bring the property into compliance and as of today,

October 9, 2019, the property remains in violation.

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Mr. Moore presented the case history and as no respondents were present, entered Exhibits H, I,

and J into the record. The Board viewed the exhibits including photographs.

Staff is requesting issuance of Order II including the $325.00 administrative fee and a fine in the

amount of $100.00 per day be imposed on the property with a starting date of September 3, 2019.

The vote on the motion to accept the Findings of Fact, Conclusions of Law made by Staff and

order the respondent(s) to correct the violations immediately, pay the assessed administrative fee

of $325.00 and a fine of $100.00 per day for each day the violations continue beyond today,

October 9, 2019, carried unanimously with one (1) abstention.

Board Member Hebert advised she was abstaining from the vote since the property is located

next to her property.

RESULT: APPROVED [6 TO 0]

MOVER: Robert Rennie

SECONDER: Michael Rojas

AYES: Glover, Bridwell, Wilson, Rennie, Rojas, McClure

ABSTAIN: Heather Hebert

LIT19-0572, 941 Central Avenue NW

Mr. Moore advised that on June 18, 2019 the property located at 941 Central Avenue NW owned

by ECH II-Captains Quarters LLC C/O Progressive Management of America, Michael G. Kent

Registered Agent, was found in violation of Litter, code section 5.04.01 & 5.04.02 (9) (10):

Unlicensed/Non-Operative Items and Code Section 5.07 & 5.07.01 (A-Y): Maintenance General.

There was prohibited accumulation of litter, trash and debris on the property, there was

prohibited outside storage of unlicensed/non-operative vehicles on the property and the roof

soffits were damaged with holes and missing sections.

Mr. Moore presented the case history and advised that as of today, October 9, 2019, the property

remains in violation. As there were no respondents present, Exhibits A through H were entered

into the record and the Board viewed exhibits including photographs.

Staff is requesting issuance of Order I including the $325.00 administrative fee and 30 days’ time

for compliance, which would make the compliance deadline on November 8, 2019.

Upon questioning from the Board, Mr. Moore informed the owners have removed the unlicensed

vehicles and cleaned up some of the litter, but a contractor needs to be called to repair the roof.


order the respondent(s) to correct the violations on or before November 8, 2019, carried

unanimously.


MOVER: Michael Rojas



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NUS19-0338, 103 Beal Parkway SE

Mr. Moore reported that on August 14, 2019, the property located at 103 Beal Parkway SE

owned by Linda D. Goodman (Heirs Of), was found in violation of Code Section 5.04.01 (1 to 7)

& 5.04.02 (1 to 13): Nuisances General, Code Section 5.07 & 5.07.01 (A-Y): Maintenance

General, Code Section 5.04.01 (1 to 7) & 5.04.02 (2,4,6,7 & 9): Litter and Code Section

5.07.01(S): Grass Height. The Board issued an order giving the respondents until September 13,

2019 to bring the property into compliance and as of today, October 9, 2019, the property

remains in violation.

Mr. Moore presented the case history and as no respondents were present, entered Exhibits H, I,

and J into the record. The Board viewed the exhibits including photographs.

Staff is requesting issuance of Order II including the $325.00 administrative fee and a fine in the

amount of $100.00 per day be imposed on the property with a stating date of September 13,

2019.

Mr. Moore informed there has been no progress made in correcting the violations.


order the respondent(s) to correct the violations immediately, pay the assessed administrative fee

of $325.00 and a fine of $100.00 per day for each day with a starting date of September 13,

2019, carried unanimously.


MOVER: Heather Hebert, Board Member

SECONDER: Michael Rojas


CASES IN COMPLIANCE BEFORE HEARING PR18-0131 Permit Required; UNO19-0476 Unlicensed Non-Operative Items; PR19-0584 Permit

Required; PR18-0670 Permit Required; OL19-0651Business Tax Receipt; LIT19-0600 Litter;

GHD19-0615 Grass Height Developed; GRA19-0523 Graffiti.

UNFINISHED BUSINESS None.

ADDITIONAL BUSINESS Mr. Bridwell advised he would be out of town for next month's meeting.

ADJOURNMENT: 4:30 pm

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Code Enforcement BoardCODE ENFORCEMENT BOARD

MEMORANDUM


From: Bert Rhodes, Code Enforcement


Subject: GHD19-0135

Page 1 of 1

SIGNATURE BLOCK:Bert Rhodes Completed 10/22/2019 8:26 AMCarole Jones Completed 10/23/2019 11:02 AMCode Enforcement Board Pending 11/13/2019 4:00 PM

7.1

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MEMORANDUM




Subject: GHD19-0498

Page 1 of 1


7.2

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MEMORANDUM




Subject: GHD19-0670

Page 1 of 1


7.3

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MEMORANDUM




Subject: GHD19-0737

Page 1 of 1


7.4

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MEMORANDUM




Subject: NUS19-0565

Page 1 of 1


7.5

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MEMORANDUM




Subject: OL19-0483

Page 1 of 1


7.6

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MEMORANDUM




Subject: OL19-0622

Page 1 of 1


7.7

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MEMORANDUM




Subject: OL19-0623

Page 1 of 1


7.8

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MEMORANDUM




Subject: PR19-0586

Page 1 of 1


7.9

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MEMORANDUM




Subject: UNO19-0659

Page 1 of 1


7.10

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MEMORANDUM




Subject: UNO19-0703

Page 1 of 1


7.11

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MEMORANDUM




Subject: GHD19-0658

Page 1 of 1


7.12

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MEMORANDUM




Subject: GHD19-0594

Page 1 of 1


7.13

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MEMORANDUM




Subject: WS19-0573

Page 1 of 1


7.14

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MEMORANDUM




Subject: GHD19-0699

Page 1 of 1


7.15

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city of fort walton beach regular meeting of the code

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