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01-06-22 CESM Agenda City of Atlantic Beach Agenda Code Enforcement Special Magistrate Meeting Thursday, January 6, 2022 - 2:00 p.m. Commission Chamber City Hall, 800 Seminole Road Page(s) 1. CALL TO ORDER 2. APPROVAL OF MINUTES 2.A. Approve minutes of the regular meeting of the November 4, 2021 Code Enforcement Special Magistrate meeting. 11-4-21 CESM Draft Minutes 3 - 150 3. ADMINISTRATION OF OATH 4. RECORD EVIDENCE 5. OLD BUSINESS 5.A. CASE#: 21-087 NAME: Bourdon Thomas Patrick * ADDRESS: 342 19th Street CE 342 19th Street Case #21-087 Case Details 21-087 151 - 237 6. NEW BUSINESS 6.A. CASE#: 21-160 NAME: Chamberlin Jacob * ADDRESS: 780 Bonita Road CE 780 Bonita Road Case #21-160 Case Details #21-160 239 - 254 6.B. CASE#: 21-161 NAME: Knieriemen Daniel J Jr. * ADDRESS: 860 Bonita Road Case Details #21-161 CE 860 Bonita Rd Case #21-161 255 - 268 7. ADJOURNMENT Page 1 of 268 Code Enforcement Special Magistrate - 06 Jan 2022 * Homesteaded Properties This meeting will be live-streamed and videotaped. To access live or recorded videos, click on the Meeting Videos tab on the city's home page at www.coab.us. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk’s Office by 5:00 PM, the Friday prior to the meeting. If any person decides to appeal any decision made by the Code Enforcement Special Magistrate with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim r ecord of the proceedings is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk's Office not less than three (3) days prior to the date of this meeting at (904) 247-5800 or 800 Seminole Road. Page 2 of 268 Present: MINUTES Code Enforcement Special Magistrate Meeting November 4,2021 -2:00 PM Commission Chamber Angela Irizarry,Code Enforcement Of?cer Suzanne Green,Special Magistrate Kim Flower,Records Clerk 1.PLEDGE OF ALLEGIANCE TO THE FLAG 2.CALL TO ORDER Magistrate Green called the meeting to order at 2:00 P.M. 3. 2 APPROVAL OF MINUTES A.Approve minutes of the regular meeting of the September 2,2021 Special Magistrate meeting. The minutes were approved as submitted. 4.ADMINISTRATION OF OATH Magistrate Green administered the Oath to the attendees -staff and respondents. 5.RECORD EVIDENCE The slideshow presentation and the case ?les packet were entered into the record as evidence. 6.OLD BUSINESS A.CASE #:20-154 NAME:Rolando Figueroa Manuzon *(Homesteaded Property) ADDRESS:1340 Violet Street Respondent:Rolando Figueroa Manuzon was present.Action:The Respondent shall have 30 (thirty)days from the date of this Order(November 24,2021)to remove the structure to come into compliance and obtain apermit.The matter shall be calendared for the January 2022 public hearing if necessary.Code Enforcement Special MagistrateNovember4,2021 Agenda Item #2.A.06 Jan 2022Page 3 of 268 B.CASE #:21-087 NAME:Thomas Patrick Bourdon *(Homesteaded Property) ADDRESS:342 19th Street Testi?ed:CE Of?cer Irizarry,Attorney Karl Sanders representing Mr.Bourdon. Respondent:The Respondent Thomas Patrick Bourdon was present.Attorney Karl Sanders presented eight composite handouts to Magistrate Green (attached hereto and made part of this of?cial record as Composite 1,Composite 2,Composite 3, Composite 4,Composite 5,Composite 6,Composite 7,and Composite 8). Action:The Respondent has provided numerous legal citations and statutes regarding the City of Atlantic Beach’s position on trees removal and mitigation.The City of Atlantic Beach shall review the exhibits presented and if the matter is not rectified between the parties,the issue will be placed on the January 6,2022,agenda for legal argument and determination of compliance. Composite 1 -Chapter 23 -Protection of trees and Native Vegetation Composite 2 -Building Permit Application Composite 3 -Building Permit Application Composite 4 -Emails Composite 5 -COAB Land Development Code Chapter 24 Composite 6 -Florida House Of Representatives House Bill 1159-02 Composite 7 -Veri?ed Written Declaration of Michael Miller,RLA Composite 8 -Ci?s Response to Bourdon's September 1 Submittal 7.NEW BUSINESS A.CASE #:21-037 NAME:Peter Havens *(Homestead Property) ADDRESS:94 W 13th Street Testi?ed:CE Irizarry Respondent:Not present Action:The City of Atlantic Beach shall review the permit and any further ruling shall be deferred until the January 6,2022,public hearing. NAME:Tanikia CollinsADDRESS:1251 Tulip StreetTesti?ed:CE Irizarry;Tamikia CollinsRespondent:Respondent Tamikia Collins was present.Code Enforcement Special MagistrateNovember4,2021 Agenda Item #2.A.06 Jan 2022Page 4 of 268 Action:The Respondent shall submit a permit application and plans within thirty (30)days of the date of this Order (November 24,2021)and the City of Atlantic Beach shall review the application and any further ruling shall be deferred until the January 6, 2022,public hearing,if needed. C.CASE #:21-061 NAME:Fritz Reinhardt Trust Et Al ADDRESS:710 Bonita Road Testi?ed:CB Of?ce Irizarry;Fritz Reinhardt;ChrisCulbretly Respondent:Respondent Fritz Reinhardt waspresent. Action:The Respondent shall cleanupthe property within forty—?ve(45)days of the date of this Order (November 24,2021)andreviewed at the January 6,2022,hearing, if necessary.A T ADJOURNMENT - There being no further discussion,Special Magistrate Green declaredthe meeting adjourned at 3:52 p.m.A Attest: Kimberly M.Flower,Records Clerk Suzanne Green,Special Magistrate Date Approved Code Enforcement Special MagistrateNovember4,2021 Agenda Item #2.A.06 Jan 2022Page 5 of 268 A Composite1 9 11-4-21 Minutes 4‘! CHAPTER 23 -PROTECTION OF TREES AND NATIVE VEGETATIONFJ Footnotes: _.-(1)_-- Editor's note—-Section 2(Exh.A)of Ord.No.95-09-98,adopted Jan.12,2009,repealed the former ch. 23,"Vegetation,"alts.|—V,§§23-15-23-17,23-19,23-20,23-22,23-25,23-36»-23-40,and 23-46- 23-50,and enacted a new ch.23 as set out herein.The former ch.28 pertained to tree protection, accumulation of weeds,and historic tree preservation and derived from Ord.No.55-82-19,adopted March 22,1982;Ord.No.95-89-44,adopted Jan.8,1990;Ord.No.95-95-64,adopted Feb.12,1996; Ord.No.95-00-73,adopted March 27,2000;Ord.No.95-02-79,adopted Oct.14,2002;Ord.No.5-03- 42,adopted July 14,2003;and Ord.No.95-07-92,adopted Feb.12,2007. Cross reference——Streets,sidewalks and other public places,Ch.19. ARTICLE I.IN GENERAL Sec.23-1.Purpose and intent. (a)Purpose.The provisions of this chapter are established for the purpose of enhancing,conserving, restoring,protecting and preserving the natural environment,specifically related to trees and native coastal dune vegetation.Priorityshall be given to the protection and preservation of existing resources. (b)Intent.The provisions of this chapter are intended: (1)To establish efficient and effective procedures,regulations and guidelines for the protection of existing vegetation,installation of native landscaping and maintenance thereof regarding vegetation including,but not limitedto,trees,shrubs,salt marsh and beach dune grasses,and ground covers. (2)To promote and sustain community values by providingfor an aesthetically pleasing environment where a healthy tree canopy is maintained and regenerated. (3)To protect natural systems and avoid impairment of their natural functions including the provision of shade and cooling on lots and development parcels,sidewalks,streets and other public places. (4)To provide protection for environmentally sensitive areas. (5)To encourage protection of healthy trees and provide for replacement and/or relocation of trees which are necessarily removed during construction,development or redevelopment. (Ord.No.95-09-98,§2(Exh.A),1-12-09) Sec.23-2.Applicability. All lands withinthe City of AtlanticBeach shall be subject to the provisions of this chapter. Sec.23-3.Relationship to land development regulations and the comprehensive plan.This chapter contains specific and detailed provisions intended to implement the related policies assetforthinthecomprehensiveplan,as may be amended.The provisions of this chapter shall beimplementedincoordinationwithchapter24,Land Development Regulations,of this Municipal Code,andinthecaseofanyconflictbetweenthetwo(2)chapters,the provisions establishing the higher standardshallprevail.Page 1 of 33 Agenda Item #2.A.06 Jan 2022Page 6 of 268 Composite1 11-4-21 Minutes (Ord.No.95-09-98,§2(Exh.A),1-12-09) Sec.23-4.Amendments to this chapter. The city commission shall have the authority to amend this chapter as needed to implement its intent,or to implement objectives and policies of the comprehensive plan,or otherwise enact updates as may be appropriate.Amendment to this chapter shall be made in accordance with the established procedures for amending any portion of this Code of Ordinances. (Ord.No.95-09-98,§2(Exh.A),1-12-09) Secs.23-5——23-7.-Reserved. ARTICLE II.LANGUAGEAND DEFINITIONS Sec.23-8.Definitions. For purposes of this chapter,the following terms shall have the meanings as set forth within this section,and where interpretation is required,shall be interpreted so as to give these terms the meaning they have in commonusage.Where applicable and appropriate to the context,definitions as set forth within chapter 24,Land Development Regulations,of this MunicipalCode,Florida State Building Codes or within Florida Statutes,as these may be amended,shall be used in conjunction with these terms and the requirements of this chapter. Administrator shali mean the representative of the city as designated by the city manager to oversee administrationof this chapter.‘ Adverse site conditions shall mean existing site conditions that unfavorably affect the implementation of the provisions of this chapter and that hinder plant viabilityand growth.Examples include,but are not limitedto: (1)Existing topographic elevation changes that would result in the likelihoodthat preserved or planted materials would not survive. (2)Existing areas of buried solid waste at a depth that would affect viabilityof preserved or planted materials. (3)Existing electrical lines or utilityeasements that prevent or restrict the preservation or planting of landscape materials. (4)Barrier island or dune ecosystem planting conditions that cannot support certain hardwood species. (5)Redevelopment sites where existing landscaping does not meet current standards and where existing site conditions such as,but not limited to,impervious surfaces,access locations,or building locations,prevent the site from meeting the current requirements. (6)Sites where type or distribution of existing canopy or other protected trees are such that (7)Designs and plans that do not,to the greatest extent feasible,avoid encroachment uponpreservationareasand/or trees are not considered adverse site conditions.After-the-factpermit shall mean a permit issued after a violation has occurred for the primary purposeofcorrectingtheviolation(if the activity would have been permittabie)or for the purpose of bringing theviolatorintocompliancewithexistingregulations.Page 2 of 33 Agenda Item #2.A.06 Jan 2022Page 7 of 268 Composite1 11-4-21 Minutes Appeal shall mean a request for the rehearing or review of a decision made pursuant to any provision of this chapter. Applicant shall mean the person(s)subject to or seeking a tree or vegetation removal permit as required by the provisions of this chapter. Approval shall mean written permission in the form of a tree or vegetation removal permit from the administrator pursuant to a duly executed application submitted on a form as provided by the city, authorizing the applicant to proceed with an action as proposed withinthe application.Such approval may consist of limitationsor conditions specific to the project. Atlantic Beach Prohibited Species List shall consist of invasive exotic species listed by the city in section 23-35(b).This list shall be updated on an as needed basis. Atlantic Beach Recommended Species List shall consist of species that are best adapted to the local ecosystem,which may provide the most desirable characteristics to the community.Replacement credit may only be given for trees on the recommended species list in section 23-33(f)(1)f. Bulldable area shall mean the area of a site,parcel or lot,excluding any area which is not eligible for the issuance of a building permit by the city,such as building setback areas,shoreline protection buffers, coastal construction setback areas,wetlands and other similar areas required pursuant to the applicable provisions of this chapter and the land development regulations.1 Caliper shall mean the diameter of a tree trunk measured at a point six (6)inches above the existing grade or proposed grade for trees four (4)inches in trunk diameter and under,and twelve (12)inches above the existing grade or proposed planted grade for trees larger than four (4)inches in trunk diameter.Caliper measurement is used in reference to nursery stock for new plantings. Canopy shall mean the horizontal extension of a tree's branches in all directions from its trunk._ Certi?ed arborlst shall mean any person holding a valid and current arborlst certification as issued by the InternationalSociety of Arboricuiture(lSA).1 City shall mean the City of AtlanticBeach. Clear trunk shall mean the height of a palm tree measured from the ground to the point where the lowest green frond is attached to the trunk. Coastal dune vegetation shall mean the naturally-occurring,salt-tolerant native species of grasses, shrubs,vines and trees that stabilize the dunes by holding existing sand and that serve to repair the dunes of damage inflicted by either natural phenomena or human impact by trapping wind-blown sand.l Community forest shall mean the collection of trees in and around the City including park and street yard trees on public property,and yard trees on private property. Crown shall mean all portions of a tree,excluding the trunk and roots;specifically,the branches, leaves,?owers,and fruit that grow above ground., Developed area shall mean that portion of a site upon which any building,structure,pavement,or ; stormwater facilityis placed.3 Development or development activity shall mean any alteration of the natural environment which , 'quires the approval ofadevelopment or ''uance ofa development permit;shall also include I forest management of lmarketingoflandfordevelopmentandshallalsoincludeactivitiesdefinedasdevelopmentwithsection24-17 of this Code of Ordinances,""-'Diameter at breast height (DBH)shall mean the outside bark diameter of a tree measured at a height ,«of fifty-four (54)inches above the naturally occurring ground level.Trees with gross abnormalities orbuttressingatthebreastheightshouldbemeasuredaboveorimmediatelyadjacenttotheirregularity.Treesthatforkatorabovebreastheightshouldbemeasuredbelowbreastheightandrecordedasasingletrunk.Trees that fork below breast height should be recorded as separate DBH for each.{Page 3 of 33 i Agenda Item #2.A.06 Jan 2022Page 8 of 268 Composite1‘ 11-4-21 Minutes Diseased tree shall mean a tree with a sustained or progressive impairment caused by a parasite,pest or infestation which seriously compromises the viability of the tree,in that it is unlikely the tree willremain living and viable for a period of more than three (3)years,or the tree causes other imminent peril to viable trees,existing structures or persons in the vicinityof the diseased tree. Dripline shall mean the imaginaryvertical plumb line that extends downward from the tips of the outermost tree branches and intersects with the ground. Equivalent value shall mean a monetary amount reflecting the cost of vegetation to be replaced. Excavation shall mean the act of digging,cutting or scooping soil or in any way changing the existing grade of the land.See "Grading"also. Excessive pruning shall mean the substantial alteration of a tree such that there is irreversible removal and/or damage of more than twenty—five(25)percent of the natural shape or form of a tree. Exotic shall mean a plant species that was introducedto Florida,either purposefully or accidentally, from a natural geographic range outside of Florida. Grading shall mean the placement,removal or movement of earth by use of mechanical equipment on a property.See "Excavation"also. Ground cover small means a plant material which reaches an average maximum height of not more than eighteen (18)inches at maturity. Grubbing means the effective removal of understory vegetation from a site which does not include the removal of any trees with DBHgreater than three (3)inches. Hardwoodshall mean an angiosperm,a ?owering tree or a broad~leavedtree,as distinguished from a gymnosperm or cone-bearing tree. Hazard or hazardous shall mean a danger or risk of bodily injury or property damage. Indigenous shall mean a plant species naturally occurring within a specific habitat or biogeographical region prior to significant human impacts.See "Native"also. Invasive exotic plant shall mean an exotic plant species that has escaped cultivation,naturalized,and established in a natural area allowing it to aggressively expand and reproduce on its own,and subsequently,alter native plant communitiesby out—competingfor resourcessuch as light,nutrients,water and space,killing native species,or otherwise adversely affecting natural ecosystems.invasive exotic plants are those plants recognized on the Florida Noxious Weed and invasive Plants List (F.A.C.5B- 57.007)or listed on the Atlantic Beach Prohibited Species List. Landscape materials shall mean living material,including trees,shrubs,vines,lawn grass,and ground cover;landscape water features;and nonlivlng durable materialcommonly used in landscaping,including rocks,pebbles,sand,and brick pavers,but excluding impervious surfaces (pavement). Legacy tree shall mean a tree that is of the most desirable species in Atlantic Beach,and is of a size substantial enough to warrant an additional layer of protection.A permit is required any time a legacy tree is removed in Atlantic Beach.Mitigation shall be the same rate for legacy trees as it is for other protected trees. removed,either in terms of replacement trees (newly Native shall mean a plant species occurring within the city boundaries prior to European contactaccordingtothebestavailablescientificandhistoricaldocumentation.More specifically,it includes thosespeciesunderstoodasindigenous,occurring in natural associations in habitats that existed prior tosignificanthumanimpactsandalterationsofthelandscape.Naturalizedexotic shall mean an exotic species that sustains itself outside cultivation.Page 4 of 33 Agenda Item #2.A.06 Jan 2022Page 9 of 268 1 Composite 1 11-4-21 Minutes Nondeve/opment activity shall mean any alteration of the natural environment which does not require development plan approval or issuance of a building permit,but which would include the proposed removal or destruction of any trees or vegetation regulated by this chapter. Nuisance shall mean any tree,shrub,bush,grass or ground cover,or other woody vegetation,on public or private propertywhich is endangering or which in any way may endanger the public health,safety, security or usefulness of any public street,public utilityline or sidewalk;also,any tree,shrub,bush,grass or ground cover,or other woody vegetation with an infectious disease or insect problem. Offsite shall mean any locationoutside the boundaries of the project site. Onsite shall mean any locationwithinthe boundaries of the project site. Person shall mean any landowner,lessee,building contractor,developer or other entity involved in the use of real property,including agents,employees,independent contractors,whether persons,firms, associations,corporations,partnerships,joint ventures,estates,trusts,business trusts,syndicates, fiduciaries,governmental bodies,agencies or officials. Pest shall mean any organism,insect,rodent,fungus,virus,bacteria,or other agent that causes any damage,abnormal growth or mortalityof any tree,shrub,bush,grass or ground cover,or woody vegetation. Prune shall mean the removal of dead,dying,diseased,weak or objectionable branches in order to increase usefulness,beauty and vigor. Pruning standard shall mean the following:American National Standard institute,Standard for Tree Care Operations—Tree,Shrub and Other Woody Plant Maintenance—StandardPractices (ANSI A300, current edition);American National Standard institute,Safety Standards for Tree Care Operators (ANSI 2138.1,current edition);NationalArboristAssociationPruning Standards for Shade Trees (current edition). Quali?ed professional shall mean a person who possesses,in addition to skill,a special registration, certification,or knowledge which is obtained by formal education and training,and which is inherently or legally necessary to render him or her capable,competent,and eligible to perform the particular responsibilities called for. Regulated tree shall mean any tree as follows: (1)Private regulated tree shall mean any tree on private property,except those species listed on the AtlanticBeach ProhibitedSpecies List,meeting the following conditions: a.A DBHof six (6)inches or more on residentialiyzoned property that _vy_i?be removed two (2) years prior to or two (2)years subsequent to constructionvalued at over ten thousand dollars ($10,000.00); b.Trees defined as legacy trees by this chapter; c.A DBHof ten (10)inches or more,if zoned nonresidential. (2)Public regulated tree shall mean any tree on public property,except those species listed on the AtlanticBeach Prohibited Species List,meeting the following conditions: a.A DBH of six (6)inches or more. (3)Heritage tree shall mean any tree determined by the city commission to be of unique or intrinsic trees with a DBH of thirty (30)inches or greater and in good condition,as determined by arecognizedknowledgeablepersonorqualifiedprofessional;also,any tree designated as a FloridaStateChampion,United States Champion,or World Champion by the American ForestryAssociation.Heritage trees may be located withinparks,on street yards,or other public property.On private property,heritage trees are voluntarily nominated by the property owner.The cityadministratorshallkeeparecordofallheritagetreessodesignatedandtheirlocation.Regulated vegetation shall mean vegetation located within any area designated as an"environmentally sensitive area,"as defined by the city of Atlantic Beach Comprehensive Plan including,Page 5 of 33 Agenda Item #2.A.06 Jan 2022Page 10 of 268 Composite 11-4-21 Minutes but not limitedto,all wetlands,all beach and dune areas seaward of the coastal construction control line, and all areas designated as conservation on the future land use map. Shade tree shall mean any self—supportingwoody plant of a species that is generally well-shaped, well-branched,and well-foiiatedwhich normally grows to a minimumaverage height of at least thirty—five (35)feet with a minimum average mature crown spread of at least thirty (30)feet,and which is commonly accepted by local horticulturaland arboricultural professionals as a species which can be expected to survive for at least ?fteen (15)years in a healthy and vigorous growing condition over a wide range of environmentalconditions. Shrub shall mean a self—supportingwoody perennial plant differing from a perennial herb by its persistent and woody stems and from a tree by its low stature and habit of branching from the base. Site shall mean the total area within the property boundaries of a principal parcel to be developed,or contiguous parcels intended for development under a common scheme or plan. Stop work order,as used in this chapter,shall mean an order from the designated administrativeofficial to immediately halt all vegetation and tree removal,any form of site or soil disturbance,or other activity with potential to impact trees or vegetation regulated by this chapter. Street shall mean a public or private thoroughfare,which affords the principal means of access to abutting property,including but not limitedto alley,avenue,drive,lane,place,road,street,terrace,way,or other means of ingress or egress,regardless of the term used to describe it. Tree shall mean any self-supporting woody or fibrous plant which at maturityattains a trunk DBHof at least three (3)inches or more and which normally attains an overall height of at least fifteen (15)feet, usually with one (1)main stem or trunk and many branches.Trees shall be classified as follows: (1)Large:Having an average mature height of fifty (50)feet or more. (2)Medium:Having an average mature height of at least thirty (30)feet but less than fifty(50)feet. (3)Small:Having an average mature height of at least fifteen (15)feet but less than thirty (30)feet. Tree conservation trust fund (tree fund)shall mean an account established by the city to provide an opportunity to make equivalent value cash payment to the city in lieu of providing the required landscape or tree stock on a site. Tree protection plan shall mean the plan required pursuant to this chapter,identifying and showing the location,type,size and health of existing trees,stating the ultimate disposition of the trees,showing the type,size and location of any trees to be planted and setting forth measures to protect trees before,during and after construction. Tree protection zone shall mean the area located around the perimeter of the dripline of a tree in which >no activity such as clearing,filling,excavating,storage of materials,parking of vehicles,or any other activity that in the opinion of the administrator may damage the tree.At the discretion of the administrator,the tree protection zone may be reduced for trees located on smaller lots in order to reasonably protect the tree and facilitate constructionon the development parcel. Tree removal shall mean any act that physicallyremoves the tree or its roots from the earth or causes a tree to die including,but not limitedto,changing the natural grade above or below the root system or around the trunk or improper pruning where the natural form of the tree is permanently changed and results Tree or vegetation removal permit shall mean the written authorization issued by the city to proceedwithvegetationortreeremovalinaccordancewiththeprovisionsofthischapter,which may includemitigationrequirementsandothertermsandconditionsasneededtocreateconsistencywiththischapter.The terms permit,tree permit,vegetation removal permit or tree removal permit may be usedinterchangeablyasappropriatetothecontext.Tree technical manual (TTM)shall mean a manual,developed and maintained by the city.pursuant tothischapter,which contains the standards and specifications for sound arboriculturalpractices,techniquesandprocedurestobepracticedwithinthecity.Page 6 of 33 Agenda Item #2.A.06 Jan 2022Page 11 of 268 Composite1 11-4-21 Minutes Underbrushing shall mean the removal of understory vegetation,either by hand or with the use of equipment,which neither disturbs the soil nor causes the destruction of any tree. Understory vegetation shall mean assemblages of natural low-levelwoody,herbaceous,and ground cover species not normally considered to be trees which exist in the area below the canopy of the trees, including any tree that is less than three (3)inches DBH. Vegetation shall mean any plant material including,but not limitedto,trees,shrubs,vines,herbs and grasses,including marsh grasses and any coastal dune vegetation. Vegetation inventory shall mean a scaled drawing which delineates the location and common and/or scientific name of vegetation upon a parcel of land,including trees greater than three (3)inches DBH and palms with an overall height of more than eight (8)feet.if necessary,a survey or other professionally prepared document,certified as appropriate,may be required as part of the vegetation inventory. Viableshall mean having the capacity to live and develop. Waiver shall mean a limited deviation from a specific provision(s)of this chapter or other land development regulations contained within City Code,when it is demonstrated that compliance with such provision(s)would be unreasonable,in con?ict withthe public interest,or a practical impossibility.A waiver from the land development regulations may be approved by the city commission upon showing of good cause,and upon evidence that an alternative to a specific_provision(§)of this chapter shall be provided, which conforms to the general intent and_spirit of the chapter. Weed shall mean any undesired,uncultivatedplant that grows in profusion so as to crowd out a desired plant. (O1'd.No.95-09-98,§2(Exh.A),1-12-09;Ord.No.95-15-109,§1,5-11-15) Secs.23-9-23-10.-Reserved. ARTICLE III.TREE AND VEGETATION REGULATIONS?-1 Footnotes: ___(2)___ Editor's note—Section 2(Exh.A)of Ord.No.95-10-101,adopted Feb.22,2010,amended art.ill in its entirety to read as herein set out.Former art.ill,§§23-11-23-16,23-21--23-26,23-30-23-37,23-40, 23-41,and 23-46-23-51 pertained to similar subject matter,and derived from Ord.No.95-09—98(Exh.A), adopted Jan.12,2009. DIVISION1.IN GENERAL Sec.23-11.Scope. The provisions of this chapter shall be administeredas set forth withinthis chapter.administrative procedures,authorities and responsibilitiesof the city commission and the administratorare set forth herein. DIVISION2.ADMINISTRATIONSec.23-12.City commission.The city commission shall have the following authoritiesand responsibilities:Page 7 of 33 Agenda Item #2.A.06 Jan 2022Page 12 of 268 (Composite 11-4-21 Minutes To establish fees and fines related to the administrative costs of carrying out the requirements of this chapter. To establish a tree conservation trust fund to collect and disburse monies for the purpose of growing and maintaining the city's community forest. To amend this chapter as may be needed to accomplish the stated purpose and intent of this chapter. To hear and decide appeals where it is alleged there is an error in any order,requirement or decision made by the administrator in the implementation of this chapter. (1) (2) (3) (4) (Ord.No.95-10-101,§2(Exh.A),2-22-10) Sec.23-13.Administrator. The administrator shall have the following authorities and responsibilities: (1)To accomplish all administrativeactions required by this chapter,including issuance of proper notices;receipt and review of applications;issuance of tree and vegetation removal permits; receipt and processing of appeals and any stop work orders. To maintain all records relating to this chapter and its administration. To provide written instructions to applicants related to the required process for applications as required by this chapter. To receive,process and make administrative determinations on all applications for tree and vegetation removal permits as set forth in section 23-23. To refer applications for tree and vegetation removal to other departments and agencies for comment,as set forth in section 23-23,as may be needed. To conduct field inspections as needed to make determinations related to tree and vegetation protection or removal. To review preliminarydevelopment plans,applications for certain building permits,including site and lot plans with appropriate city staff,to determine whether proposed construction,alterations, repair or enlargement of a structure is in compliance with the provisions of this chapter. To recommend to the city commission projects consistent with the purpose and intent of this chapter,with a written statement outliningthe costs and benefits of such projects. To recommend to the city commission amendments consistent with the implementation of the purpose and intent of this chapter,with a written statement outlining the need for such changes. (2) (3) (4) (5) (5) (7) (3) (9) (Ord.No.95-10-101,§2(Exh.A),2-22-10) Sec.23-14.Tree conservation trust fund. (8) (b) Establishment of trust fund.The city commission hereby recognizes and reaffirms the prior of tree conservation trust fund ("tree fund")for the purposes of accepting and for the purpose of tree and vegetation conservation and protection.This fund be used solely fortheplantingoftrees,the protection and conservation of existing trees where appropriate,or the reestablishmentofvegetativeresourcesinthecityandanyotherancillarycostsassociatedwithsuchactivities,provided that such ancillary costs shall not exceed twenty (20)percent of the cost of theparticularproject.Terms of existence.The tree fund shall be self-perpetuating from year to year unless specificallyterminatedbythecitycommission.Page 8 of 33 Agenda Item #2.A.06 Jan 2022Page 13 of 268 1 Composite1 1 11-4-21 Minutes (c)Tree fund assets.All funds received shall be placed in trust for and inure to the public use and environmentalbenefit of the city.Said funds shall be used and distributed as designated by the city commission. (cl)Tree fund administration. (1)Trust funds shall be used only for the purposes designated by the city in accordance with the intent of this chapter and the applicable goals,objectives and policies as set forth within the comprehensive plan. (2)Allmitigation funds collected pursuant to this chapter shall be deposited in the tree fund,which shall be a separate account established and maintained apart from the general revenue fund of the city. (e)Disbursal of tree conservation trust fund assets. (1)Expenditures for projects funded by the tree conservation trust fund shall be made in accordance with the established purchasing procedures of the city. (2)Priority shall be given to the use of funds for projects that plant or replace trees or vegetation along public rights-of-wayor on properties and lands in public use that willprovide needed shade, aesthetic enhancement or the re-establishment of tree canopy in neighborhoods and along public roadways. secondarily,funds may be used for purchase of landscape materials or equipment necessary and proper for the preservation,maintenance,relocation or restoration of trees and ecosystems on any public land in the city,or for the funding of community educational programs which promote,enhance or implement the goals and objectives established in this chapter. (Ord.No.95-10-101,§2(Exh.A),2-22-10) Secs.23-15-23-20.-Reserved. DIVISION3.PERMITS Sec.23-21.Permits required by this chapter. Unless specifically exempted withinfollowing section 23-22,permits are required for removal of trees on all lands withinthe City of AtlanticBeach,whichshall include the following: (1)New development on any previously undeveloped lands,or redevelopment on any vacant land where structures may have been fully or partiallycleared. (2)Major development on all existing developed sites having any structure or vehicle use areas ‘where additions,renovations,upgrades or site changes are intended or anticipated withina two- year period of time when any such activityis valued at ten thousand dollars ($10,000.00)or more. Where value is in question,determinationshall be made by the building official. of previously undeveloped land,regardless parcel,site or lands be indiscriminately or unnecessarily cleared of regulated trees andvegetationunlessmitigationorreplacementasrequiredbythischapterisprovided.Removal of any tree on the AtlanticBeach Legacy Tree List.(Ord.No.95-10-101,§2(Exh.A),2-22-10;Ord.No.95-15-109,§1,5-11-15)Sec.23-22.Exemptions from the requirement for a permit.Page 9 of 33 Agenda Item #2.A.06 Jan 2022Page 14 of 268 The following activities shall be exempt from the requirements to apply for and receive a tree or_ Composite 1 11-4-21 Minutes vegetation removal permit,except that none of these exemptions shall be construed to apply to any coastal dune vegetation seaward of the coastal construction control line or to heritage trees.Such vegetation and trees shall be fully subject to the provisions of this chapter and any state permittingrequirements applying to the coastal zone.All other development activity as described in preceding section 23-21 involving the removal of regulated trees and regulated vegetation shall require issuance of a tree removal permit. The person(s)claiming any exemption shall have theburden of proving entitlement to such exemption. The administratormay require consultationwith or documentationfrom a certified arborist or other quali?ed prof ssionalto verify certain conditions.@ (2) (3) (4) (5) (8) deve/oment activit or evelopment activity involves annew constrn,r upgrades For the purpose of ~—i "*‘‘mg w e er this exemption does or does not apply,t e administratorshall consider the cumulative valuation of all permitsissued two (2)years rior e rgmoval.if such permits collectively exceed the stated threshold,an after-the-fact permit and mitiga I n shall be required. Emergency situation.The removal of trees destroyed or severely damaged during or immediately following an emergency (i.e.,hurricane,tropical storm,tornado,?ood or any other act of nature) shall be granted an exemption when the administrator determines that permitting requirements willhamper private or public work to restore order to the city. Safety hazard.The removal of trees that pose imminent danger to the public health,safety and general welfare shall be granted an exemption upon inspection and determination by the administrator that immediate removal withoutdelay is required. Diseased or pest-infested trees.The removal of diseased or pest-infested trees shall be granted an exemption upon inspection and determination by the administrator that removal is needed for the purpose of preventing the spread of disease or pests. Noxious invasive trees.The removal of invasive or nuisance trees,as currently listed by the Florida Department of Agriculture and Consumer Services (FDACS),Florida Department of EnvironmentalProtection (FDEP),the Florida Exotic Pest Plant Council (FEPPC),the Atlantic Beach ProhibitedSpecies List,or some other recognized authority,shall be granted an exemption upon inspection and verificationby the administrator. Utility operations.The pruning and/or removal of trees or understory vegetation by duly authorized communication,water,sewer,electrical or other utility companies or federal,state, county or city agencies,or engineers or surveyors working under a contract with such utility companies or agencies,shall be exempt,providedthe removal is limitedto those areas necessary for the maintenance of existing lines or facilities or for the construction of new lines or facilities in furtherance of providing utilityservice to its customers,and provided further that the activity is conducted so as to avoid unnecessary removal and,in the case of aerial electrical utilitylines,is not greater than that specified by the National ElectricalSafety Codes as necessary to achieve safe electricalclearances.Notwithstanding this exemption,any such entity shall provide adequate prior notice to the city before commencing such work. removal or understory vegetation by a Florida- conduct a survey or site examination for the performance of professional duties related tosurveying,soil percolation and/or soil bore tests shall be exempt provided that such alteration islimitedtoaswathoften(10)feet or less in width.However,land clearing for surveys shall notauthorizetheremovalofregulatedtreesorregulatedvegetation.City crews.The city shall have the right to plant,prune,maintain and remove trees,plants andshrubswithinpublicrights-of-way,within any utility or drainage easements or within theilluminationareasofstreetlights,and other public lands as may be necessary,and shall not bePage10of33 se uent to the tree ‘t Agenda Item #2.A.06 Jan 2022Page 15 of 268 Composite1 11-4-21 Minutes subject to mitigation assessment.The city shall not have the responsibility to maintain,prune or remove any damaged,dead or diseased trees on any private property within the city. (O1'd.No.95-10-101,§2(Exh.A),2-22-10;Ord.No.95-15-109,§1,5-11-15) Sec.23-23.Permits procedures. (6) (13) Application required.The applicant for a tree removal permit shall submit the established fee along with the application form as created and provided by the city to the designated administrative department.The application shall contain all required narrative and graphical information necessary to determine compliance with this chapter.if the applicant is not the property owner,proper owner's authorization shall also be required. (1)Existing lots or parcels.When a tree or vegetation removal permit is required,applications for tree or vegetation removal shall be made prior to removal and prior to any site disturbance or grading on a lot or parcel. New or re-platted subdivisions.Applicationsfor tree or vegetation removal that willbe part of a new subdivision plat or a re-plat shall be submitted along with the preliminary subdivision plat application so that due consideration may be given to the protection of regulated trees and regulated vegetation during the site planning and subdivision process.Trees to be protected shall be noted on the final subdivision plat,and subsequent applications for individuallots or parcels shall be consistent withthe approved ?nal subdivision plat,or application for a new tree removal permit shall be required. After-the-factpermits.Any person(s)engaging in the removal of regulated tree(s)or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after-the-fact permit,and meet mitigation requirements as assessed. Suf?ciency review of applications.Upon receipt of the application and appropriate fee,the administrator shall conduct a preliminary review within five (5)business days to determine that all required informationhas been submitted and is suf?cient for review purposes.The administratormay refer the application to other city department(s)or a qualified professional consultant during preliminary review.The applicant shall be notified if extended review by other departments and/or professionals is required.The applicant shall be notified of any deficient items.Upon submittal of deficient or missing information,the administratorshall again review the application.if the requested information has not been provided or is insufficient,the applicant shall be notified in writing that no further review willbe performed untilthe requested informationis provided and found to be sufficient. However,an applicationshall be deemed abandoned thirty (30)days after the date the administrator notifies the applicant of any deficiencies contained in the application if the applicant has failed to submit the deficient or missing information.The administrator may,upon written request and justification by the applicant,grant not more than one (1)30-day extension.At the expiration of the extension,the application shall automatically become null and void. (2) (3) Review by other agencies.At the discretion of the administrator,relative to the environmental sensitivity of the site,appropriate written sign-offs,permits or consents from the agencies listed below which have jurisdiction may be required prior to regulated tree or regulated vegetation removalfrom (1)Army Corp of Engineers (ACOE);(2)Saint Johns River Water Management District (SJRWMD);(3)Florida Department of EnvironmentalProtection (FDEP);(4)Any other applicable governmental agencies extending jurisdictionalcontrols over the site.Compliance review and approval of applications.Applications willbe reviewed and tree or vegetationremovalpermitswillbeissuedinaccordancewiththefollowing:Page 11 of 33 Agenda Item #2.A.06 Jan 2022Page 16 of 268 (6) (f) (9) (h) Composite1 11-4-21 Minutes (1)Time forreview.Once an application has been deemed sufficient,the administratorshall conduct a full compliance review of the application and issue a notice of intent to issue a tree permit to approve or approve with conditions,or deny the application in accordance with the procedures set forth in section 23-52(g)hereof. (2)Standards for review.The administratorshall consider the following in making a determination of compliance with the provisions of this chapter. a.Necessity to remove trees which pose a safety hazard,as determined by the director of public works.to pedestrian or vehicular traffic,or threaten to cause disruption to public services or result in a significant obstacle to accessing and utilizing public easements and rights~of-way. b.Necessity to remove trees which pose a threat to buildings and other improvements on a lot or parcel of land.Ordinary small cracks or uplifts in pavement,sidewalks,and non-occupied structures that are typically caused by settling and small roots shall not be considered a safety hazard. c.Necessity to remove diseased trees or trees weakened by age,storm,?re or other injury,or trees with severe structuraldefects that pose a safety hazard to people,buildings,or other improvements on a lot or parcel of land. d.Necessity to remove trees in order to construct approved and permitted improvements to allow reasonable economic enjoyment of the property. e.Existence of any adverse site conditions which may affect the implementation of the provisionsof this chapter. Expirationof permits.Upon approval of the applicationby the administrator,the permit shall be issued. Work pursuant to the permit shall commence withintwelve (12)months of the date of issuance,or the permit shall expire. Content of permits.The permit shall be issued in such form as may be prescribed by the administrator and shall set forth in detail the conditions upon which the permit is granted and speci?cally identify which land areas shall be cleared and/or whichtrees shall be permittedto be removed.One (1)permit may cover several trees or groups of trees as long as the trees or groups of trees can be clearly identi?edthereon;provided,however,no permit may be issued for more than one (1)lot,parcel or area of land unless such lots,parcels or areas of land shall be contiguous to one another and considered as one (1)parcel for the purpose of development. Posting of permits.The permit shall be posted in a conspicuous and visible place at the front of the property by the applicant promptly after issuance.The permit shall remain posted on the property during all applicable tree and vegetation removal activity and until final inspection by the city.It is the responsibilityof the applicant to maintainthe permit in a clearly visible mannerat all times. Amendment of permits.Requests for minor changes to approved plans shall be made as an amendment to the applicable permit,and shall require payment of an administrativeprocessing fee. Additionalinformation submitted with a request for permit amendment shall be adequate to fully document the nature of the proposed change and the effect it willhave on all aspects regulated by this chapter.Allplans,reports,calculations,and other informationaffected by the proposed amendment for any application.An amendment to a permit shall not automatically extend the expiration date.Substantialchanges,including significant increases in the number of trees to be removed or land to becleared,increases in impervious surface area,changes to intended land use,modificationof stormwatermanagementsystems,or any other change that constitutes a major modificationto a site plan orsubdivision,new phases of development or other additions,shall not be treated as amendments,but shallrequireanewpermitapplicationandfee.(ii Revocationof permits.Page 12 of 33 Agenda Item #2.A.06 Jan 2022Page 17 of 268 Composite1 11-4-21 Minutes (1)By administrator.The administrator may revoke any permit issued pursuant to this chapter, following notice in writing to the permittee and after providingthe permittee opportunityto respond to the notice,in either of the following circumstances: a.The administrator finds that the permittee has continuedwith any development activity on a site for which a permit was issued,while the site is under a stop work order which has not been reversed,canceled or suspended pursuant to this chapter,except for specified remedial workrequired to bring the violationinto compliance with the approved permit;or b.If the administratorfinds that the approval of the permit was based on incorrect information furnished by the applicant for the permit.Based upon such finding,however,the administratormay make reasonably necessary accommodationsto the conditions of a permit in lieu of revoking it. (2)Discontinuance of work.Revocation of a permit may also result in a stop work order in accordance with section 23-48. (Ord.No.95-10-101,§2(Exh.A),2-22-10;Ord.No.5-17-64,§2,7-24-17) Sec.23-24.inspections and site preparation. (3) (b) Inspections.The following inspections shall be conducted in conjunction with all development activities subject to the requirement for a tree or vegetation removal permit. (1)Initialinspection.The administratorshall conduct an initialinspection of the site prior to approval of any application. (2)Protectivebarricade inspection.A protective barricade inspection shall ensure proper installation of measures prior to the initiationof any other development activity where required as a condition of the permit. (3)Final inspection and notice of completion.A final inspection and notice of completion shall occur when all development activities permitted for the site have been completed.No certificate of occupancy shall be issued,nor any building or premises occupied,unless and until the administratorhas determinedafter final inspection that all work,including land clearing,regulated tree or regulated vegetation removal,tree protection and tree replacement,has been done in accordance withthe approved permit and plan. (4)Maintenance inspections.The administrator shall have the authority to conduct on~site maintenance inspections subsequent to final inspection and notice of completion,and to require correctionof all deficiencies and violationsin accordance withthis chapter. Site preparation.Prior to requesting initialand/or protective barricade inspection,the applicant shall prepare the site with proper staking and taping as necessary to allow the administratorto locate and identify the lot or parcel to be inspected;to determine the building site;to locate the proposed buildings or other proposed structures or improvements that will disturb vegetation,and to ensure clear understanding between the property owner,contractor,administrator and other inspectors that may be involved. (1)The address or legal description of the property shall be displayed in a conspicuous manner. be flagged with surveyor's tape or with bright colored paint.Any property crossed by theconstructioncontrollineshallhavethatlinemarkedonthegroundwithconspicuouswoodenstakesandsurveyor's tape or durable waterproof string and shall be clearly labeled "CCCL".(3)All trees to be preserved during development activitiesshall be barricaded according to a treeprotectionplanconsistentwiththeguidelinesintheTreeProtectionGuideforBuildersandDevelopers,published by the Florida Division of Forestry and/or any other reasonablerequirementsdeemedappropriatebytheadministratortoimplementthispart.(4)Alltrees proposed for removal shall be identifiedwith red or orange surveyor's tape or paint.Page 13 of 33 Agenda Item #2.A.06 Jan 2022Page 18 of 268 Composite1 11-4-21 Minutes (5)Alltrees proposed for protection as mitigation for removed trees shall be identifiedwith blue or green surveyor's tape or paint. (Ord.No.95-10-101,§2(Exh.A),2-22-10) Sec.23-25.Appeals. (a)Procedures to file appeals.Appeals and written notices objecting to decisions regarding tree permits issued under authority of this chapter shall be made in accordance with the provisions of section 23- 52(g)hereof. (b)Stay of work.Any appeal to the city commissionfiled pursuant to section 23-52(9)shall stay all work on the premises and all proceedings in furtherance of the action appealed,unless the appropriate administrativeofficial certifies that a stay would cause imminentperil to life or property. (Ord.No.95-10-101,§2(Exh.A),2-22-10;Ord.No.5-17-64,§3,7-24-17) .Sec.23-26.Fees. (a)Application fees.The city commission hereby establishes the following fees related to the administrativecosts of carrying out the requirements of this chapter.These fees shall be payable to the city at any time an application is submitted for approval,amendment,or extension of a permit required by this chapter,or when a final action or decision by the administrator is appealed. Applicationsfor tree and vegetation removal related requests shall not be considered as complete applications untilsuch time as required fees have been paid in full. (1)Tree and vegetation removal permit application.The tree and vegetation removal permit application fee shall cover the processing and review of the application as well as one (1)initial inspection,one (1)protective barricade inspection,one (1)final inspection and one (1) maintenance inspection per year.Any additional inspections required due to inadequate site preparationor reports of violationof the provisions of this chapter willbe charged a reinspection fee as provided below: a.Single-or two-family residentialuses (per lot)125.00 b Single removal of legacy tree .....25.00 c Multifamilyresidentialuses .....250.00 d.Commercialor industrialuses .....250.00 e Institutionaland any other uses .....250.00 (2)Minoramendments .....50.00 (3)Extensions .....50.00 (4)Appeals .....125.00 (b)Reinspection fees......50.00 (Ord.No.95-10-101,§2(Exh.A),2-22-10;O1'd.No.95-15-109,§1,5-11-15)Secs.23-27-23-29.-Reserved.Page 14 of 33 Agenda Item #2.A.06 Jan 2022Page 19 of 268 Composite1 11-4-21 Minutes DIVISION4.GENERALPROVISIONS Sec.23-30.Minimum tree requirements. These minimumtree requirements shall apply to all property withinthe city that is subject to the provisions of this chapter.Credit willbe given for trees on the AtlanticBeach RecommendedSpecies List, but none willbe given for trees on the AtlanticBeach ProhibitedSpecies List.Section 24-177 of this MunicipalCode also provides additional landscaping requirements for nonresidentialuses. (1)Residential uses.For each parcel upon which a single—family,two-family or multifamily dwelling unit,or associated residential accessory unit is proposed,or where the primary activity is residentialin nature: One (1)four-inchcaliper tree shall be planted andlor preserved for every two thousand five hundred (2,500)square feet of development parcel area or portion thereof.excluding therefrom preserve areas and water bodies.Of the minimumrequired trees,one (1)tree shall be provided or preserved withinthe required front yard. (2)Commercialuses.For each parcel upon which a commercialstructure or associated accessory use is proposed,or where the primary activity is commercialin nature: One (1)four~inchcaliper tree shall be planted and/or preserved for every eight thousand (8,000) square feet of parcel area or portion thereof,excluding therefrom preserve areas and water bodies. (3)Industrialuses.For each parcel upon which an industrialstructure or associated accessory use is proposed,or where the primary activity is industrialin nature: One (1)four-inchcaliper tree shall be planted and/or preserved for every ten thousand (10,000) square feet of parcel area or portion thereof,excluding therefrom preserve areas and water bodies. (4)Public/semi-public (governmental or institutional)uses.For each parcel upon which a government structure or associated accessory use is proposed,or where the primary activity is public/seml~publicin nature: One (1)four-inch caliper tree shall be planted and/or preserved for every ten thousand (10,000) square feet of parcel area or portion thereof,excluding therefrom preserve areas and water bodies. (Ord.No.95-10~101,§2(Exh.A),2-22~10) Sec.23-31.General prohibitions. (a)Excessive"or Improper pruning.It shall be unlawfulto engage in excessive or improper pruning are required pursuant to an mature canopy spread.This limitationshall not be construed to prohibit the trimming oftreesthatcreateaclearriskofdangertopersonsorpropertyduringflood,high wind or hurricaneevents.(b)Pruning or removal of city trees.it shall be unlawfulto trim,prune,or remove any tree which is withinthecity's rights-of-way or upon any other city property withoutthe permission of the city as evidencedbytheappropriatepermit.(0)Tree spiking.it shall be unlawful to introduce any type of poison or reactive material to a tree for thepurposeofcausingthetreetodieorbecomediseased.Page 15 of 33 Agenda Item #2.A.06 Jan 2022Page 20 of 268 Composite 11-4-21 Minutes (d)Attachments.it shall be unlawfulto attach anything,including signs,permits,nails or spikes that may be injurious or cause damage,to a tree having a diameter of three (3)or more inches caliper. Exceptions are protectivewires,braces or other devices used to support a tree. (e)Unauthorizedclearing of undeveloped lots.it shall be unlawfulto clear any undeveloped lot,parcel, or lands such that the land is substantially denuded of regulated trees and regulated vegetation in any manner or for any purpose unless a proper tree removal permit has been issued.The extent to which removal constitutes substantialdenuding shall be determinedby the administratorbased upon the number,type and conditionof existing on-site regulated trees and regulated vegetation in comparison to that proposed to be removed.if clearing is authorized,the minimumrequirements of section 23-30 shall be met. (f)Unauthorizedclearing of developed lots.It shall be unlawfulto clear the trees from any developed lot such that the minimumrequirementsof section 23-30 are not maintained. (Ord.No.95-10-101,§2(EXh.A),2-22-10) Sec.23-32.Tree protection during development and construction. (a)Restrictionsduring construction. (1)Placementof materials,machinery,or temporary soils.it shall be unlawful for any person(s)to cause or allow the storage of constructionmaterials,the use of heavy equipment or machinery, or the temporary storage of soil deposits withinthe tree protectionzone of any tree or group of trees to be retained. (2)Disposal of waste materials.lt shall be unlawfulfor any person(s)to cause or allow the disposal of waste materials such as paint,oil,solvents,asphalt,concrete,mortar or any other material harmfulto the life of a tree withinthe tree protectionzone of anytree or groupsof trees,or where planting beds are to be situated. (b)Burden of tree protectionon property owner.The property owner(s)and their agent(s)shall ensure that any tree shown on the vegetation inventory for which a tree removalpermit has not been obtained is to be protected.The propertyowner shall guarantee survivalof retained trees and replacement trees for three (3)years from the date the city accepts the trees and landscaping as complete,unless a greater time period is required by a development order.if a retainedor replacement tree dies during that time period,the property owner shall replace the tree in accordancewith a remedialaction as required by this chapter. (c)Protectivebarriers and signage required.Protective barriers and signage shall be installedaround every tree or group of trees to be preserved prior to commencementof construction,in compliance withthe guidelines in the Tree ProtectionGuide for Buildersand Developers,publishedby the Florida Division of Forestry and/or any other reasonable requirements deemed appropriate by the administratorto implementthis part. (1)Temporary protectivebarriers shall be placed at least six (6)feet from the base of any tree,and shall encompass at least fifty (50)percent of the area under the driplineof any tree or trees to be preservedor retained for mitigation credit,unless otherwiseapproved by the administrator. high,and shall consist of either a minimumtop rail,or a mesh fence,or other similar barrier whichwilllimit to thearea,unless otherwise approved by the administrator.(3)Waterproof,rigid sign(s)shall be affixedto each individualbarricade,such that there is one (1)sign every fifteen (15)feet along the length of the barricade.The signs shall contain the followingwords,and willbe made available by the city at the time of permit issuance:FIGURE 1.TREE PROTECTIONZONE SIGNAGEPage16of33 __,.as..~.a..aeaa.,m.s..«~.....a_m.c..u.«wvmg.—~u~..m.»~.uya Agenda Item #2.A.06 Jan 2022Page 21 of 268 3 Composite1 11-4-21 Minutes TREEPROTECTIONZONE(TPZ) No grade change,storage of materials,vehicles or equipment is permitted withinthis TPZ. Thistree protection barrier must not be removed without the written authorization of the City of‘Atlantic Beach.For information,call (904)247-5800. (d)Ac/jacentproperties.The property owner(s)or their agent(s)shall ensure protective barricading of all trees located on adjacent properties,that have root or branch systems that encroach upon the subject property,and that may potentiallybe impacted by development activities. (Ord.No.95-10-101,§2(Exh.A),2-2240) Sec.23-33.Mitigation to be assessed. (a)Mitigationrequired.Unless mitigation in the form of payment into the tree conservationtrust fund has been approved in accordance withsection 23-37,mitigation in the form of tree replacement,relocation or preservationshall be required to offset any impacts resulting from the removal of regulated trees as a conditionof the tree or vegetation removal permit.Replacement or relocationshall be the preferred methods of mitigation. (b)Mitigationassessment.in general,mitigation shall be assessed according to the ratios given in the following table,such that the number of inches required to be replaced,relocated or preserved (first number)are proportionalto the number the inches removed (second number): TABLE 1.STANDARDMITIGATIONASSESSMENT CLASSlF1CATIONOFPROPIZCRTYCLPtSSlFlCl¢\TlOl\l—OF REGl1LATEDTREE Protected Heritage Private parcels _ A 1:2 M 121 Publicparcels 1:1 V 2:1 ” h 4 Environmentally sensitive areas 2:1 3:1Historiccorridor “2:1 3:1 *(c)General conditions.Mitigation shall be in the form of preservation of existing trees,relocation ofexistingtreesthatwouldotherwiseberemoved,or replacement with new trees,and shall occur withinPage17of33 Agenda Item #2.A.06 Jan 2022Page 22 of 268 (d) (f) Composite1 11-4-21 Minutes thirty (30)days,or prior to issuance of a certificate of occupancy or other final approval,whichever time is shorter,unless a greater period is provided for good cause by the permit.The applicant assumes all duties and costs associated with mitigation. Tree preservation.Existing onsite trees that are three (3)inches DBHor greater and which are neither protected nor transplanted may be utilizedas credit towards the assessed mitigation,subject to the other conditionsstated in this section,if preserved onsite. Tree relocation.Existing trees onsite that are three (3)inches DBHor greater and that would otherwise be removed from the site because of development may be utilized as credit towards the assessed mitigation,subject to the other conditions stated in this section,if relocated onsite. Tree replacement. (1)Replacement size.New replacement trees shall be the same quality of "Florida Number One", as defined in the most current edition of the Grades and Standards for Nursery Plants,published by the FloridaDepartment of Agriculture and Consumer Services,Divisionof Plant industry. a.Oaks shall have a minimumfour~inch caliper and twelve-foot height at time of installation. b.Allother new replacement trees shall have a minimumtwo-inch caliper and ten~foot height at time of installation. Palms shall have a minimumclear trunk height of eight (8)feet at time of installation. d.New replacement shade trees shall be of a species typicallyyielding an average mature crown spread of no less than thirty (30)feet in Northeast Florida and shall be chosen from the AtlanticBeach Recommended Species List,maintainedand published by the city.Upon approval of the administrator,alternate species not appearing on the recommended list may be utilized,but in no case shall trees from the Atlantic Beach Prohibited Species List,also maintainedand published by the city,be utilizedfor mitigationcredit. e.in the event that a property cannot reasonably accommodate required mitigation on site,the property owner can get replacement credit for planting trees on an immediately adjacent neighbors property.This shall only be done as an alternative to payment into the tree fund when it can be proven that a site cannot fit required replacement plantings.A signed letter from the neighbor shall be attached with the tree permit application. f.AtlanticBeach Recommended Species List.Replacement trees shall [be]selected from the following list.This list was created based on hardiness,disease and pest resistance, availability,and size variance.No mitigation credit willbe approved for trees that are not on this list,unless approved by the administrator. CITY OF ATLANTlCBEACH RECOMMENDEDTREE LIST SHADE TREES n Common Name Botanical Name pennsylvanica Bay,Loblolly Gordonia lasianthusCedar,Southern Red Juniperus silicicolaCypress,Bald Taxodium distichumCypress,Pond Taxodium ascendensPage 18 of 33 Agenda Item #2.A.06 Jan 2022Page 23 of 268 Composite1 11-4-21 Minutes Elm,American Ulmus americana Elm,Florida Ulmus american floridana Elm,Lacebark Ulmus parvifolia Hickory,Mockernut Carya Tomentosa Hickory,Pecan Carya illinoensis J Hickory,Pignut Carya glabra 1 Hickory,Water Carya aquatica Loquat,Japanese Plum Eriobotrya japonica Magnolia,Southern Magnolia grandiflora Magnolia,Sweetbay Magnolia virginiana Maple,Florida Acer barbatum Maple,Red 1 ? Acer rubrum Oak,Live Ouercusvirginiana Oak,ShumardRed Quercus shumardii Oak,Swamp Chesnut Ouercus michauxii Pine,Loblolly Pinus taeda Pine,Long-leaf Pinus palustris _ ‘Pine,Slash _m”Pinus elliottii ‘Wm Sugarberry Celtislaevigata Sweetgum ‘ Llquidambarstyracifluamm Sycamore Platanusoccidentalis Tupelo . Nyssa sylvatica PALMTREES Palm,Cabbage palmettoPalm,Canary island Date PhoenixcanarienslsPalm,Pindo Butia capitataPalm,Sylvester Date Palm Phoenix sylvestrisPalm,Washington Washingtonia robustaPage19of 33 Agenda Item #2.A.06 Jan 2022Page 24 of 268 Composite1 11-4-21 Minutes UNDERSTORYOR ORNAMENTALTREES Common Name Botanical Name Cedar,Red luniperus virginiana Crape Myrtle Lagerstroemia indica Elm,Winged Ulmus alata Holly,American llex opaca Holly,Dahoon lllexcassine Holly,East Palatka llex attenuata Holly,Yaupon llex vomitoria Oak,Myrtle Quercus myrtifolia Oak,Sand Live Quercus geminata Oleander Nerium oleander Podocarpus,Yew Podocarpus macrophyllus ~Privet,Glossy Ligustrum lucidum Privet,Japanese Ligustrum japonicum Redbud Cercis canadensis Wax Myrtle Myrica cerifera (2)Selection criteria. a.New oaks shall be used to replace removed oaks.Replacement credit for oaks shall be limited to the species listed on the Atlantic Beach Recommended Species List.Upon of the administrator,hardwood species yielding similar canopy may be used to b.New palms may be used as replacement trees when replacing species other than palms.Replacement credit for palms shall be limited to forty (40)inches or fifty (50)percent ofrequiredmitigation,whichever is lesser.Replacement credit for palms shall be limitedto thespecieslistedontheAtlanticBeachRecommendedSpeciesList.Upon approval of theadministrator,a cluster of three (3)palms,subject to the other conditions of this section,maybeusedtomeettherequirementsofasingleshadetree.c.When a legacy tree is removed,replacement credit shall only be given for the planting of aspeciesthatisonthelegacytreelist.This shall not be limitedto the exact same species,norPage20of33 Agenda Item #2.A.06 Jan 2022Page 25 of 268 Composite1 11-4-21 Minutes shall the new tree have to meet the size requirements of an established legacy tree.When a legacy tree is removed,at least twenty-five (25)percent of mitigation shall be provided on site in the form of replacement.incentive credit shall be granted for the use of legacy trees when replacing protected trees that are not on the legacy tree lost.The incentive credit is equal to two (2)times the normalreplacement credit.The following species are legacy trees: 1.Bald Cypress (Taxodium distichum)twenty (20)inches in diameter or greater. 2.Cedar (Juniperus siliciola)(Southern Red Cedar),J.virginiaba (Eastern Red Cedar) twenty (20)inches in diameter or greater. 3.Elm (Ulmus alata)(Winged Elm),Ulmus American ?orldana (Florida Elm),twenty (20) inches in diameter or greater. 4.Oak (Quercus virginiana)(Live Oak)twenty (20)inches in diameter or greater and (Quercus geminata)(Sand Live Oak)eight (8)inches in diameter or greater. 5.Hickory (Carya lllinoensis)(Pecan),C.tomentosa (Mockernut),C glabra (Pignut Hickory)twenty (20)inches in dimater or greater. 6.Loblollybay (Gordanla lasianthus)twenty (20)inches in diameter or greater. 7.Magnolia (Magnolia grandi?ora)(Southern Magnolia)Magnolia virginiana (Sweetbay Magnolia)twenty (20)inches in dimater or greater. 8.Maples (Acer rubrum (Red Maple),Acer Barbatum (Florida Maple)twenty (20)inches in diameter or greater. 9.Tupelo (Nyssa sylvatica)twenty (20)inches in diameter or greater. (3)Placement criteria. 3.Avoidance of underground utilities.No trees except those with a normal mature height of less than thirty (30)feet may be planted within five (5)linear feet of the centerline of any utilityeasement. Avoidance of aboveground utilities and public facilities.No trees may be planted closer to any curbs,curb lines,sidewalks or aboveground utilitiesthan the following,except for plans demonstrating no conflictwith existing aboveground utilitiesor publicfacilities,and approved by the administrator: 1.Small trees or palms with normal mature height of fifteen (15)to thirty (30)feet shall have a minimumsetback of three (3)feet. 2.Mediumtrees or palms with normal mature height of thirty (30)to ?fty (50)feet shall have a minimum setback of six (6)feet. 3.Large trees with normal mature height of fifty (50)feet or more shall have a minimum setback of ten (10)feet. Spacing.The following spacing requirements shall serve as general guidelines forthe optimal growth and viability of trees,though trees may be planted closer together upon approval of the administrator: spaced at least ten (10)feet.2.Mediumtrees or palms with normalmature height of thirty (30)to fifty (50)feet shall bespacedatleasttwenty(20)feet.3.Large trees with normal mature height of fifty (50)feet or more shall be spaced at leastthirty(30)feet.4.Spacing of two (2)or more trees of differing sizes shall be based upon the spacingrequirementsofthelargesttree.Page 21 of 33 Agenda Item #2.A.06 Jan 2022Page 26 of 268 Composite 12 11-4-21 Minutes (Ord.No.95-10-101,§2(Exh.A),2-22-10;Ord.No.95-15-109,§1,5-11-15) Sec.23-34.Maintenance and monitoring requirements. The applicant shall be responsible for maintaining the health of any replacement or relocationtrees for three (3)years from planting. (1)Determinationof success.The applicant shall determine the condition of each tree,three (3) years after the tree was relocated or planted.This determinationshall be submitted to the city for approval withinthirty (30)days of being made. Should any tree die or be in a state of decline withinthree (3)years of being planted or relocated, the applicant shall be required to replace the tree withinsixty (60)days of that determination.The three-year monitoring and approval period shall begin anew whenever a tree is replaced.If that replacement tree is found not to be viable at the end of the second monitoring period,the applicant may pay the appropriate amount into the tree fund in lieu of planting a third replacement tree.if the applicant fails to replace the tree or to pay the appropriate amount into the tree fund within sixty (60)days,the applicant shall be in violationof this chapter. (2)Large-scale projects.if a permit includes the relocation of ten (10)or more trees,or the planting of one hundred (100)or more replacement trees,the determinationof success for the overall mitigation effort shall be based upon a percent survivalrate.A successful project shall be one (1) in which ninety (90)percent or moreof the newly planted or relocated trees are determined to be viable after a period of three (3)years.If a large~scale project is determinedto be successful on this basis,additional replacement trees willnot be required. (Ord.No.95-10-101,§2(Exh.A),2-22-10) Sec.23-35.Elimination of undesirable species. (3) (b) The natural vegetative communitiesexisting within the city shall be protected by the control and eliminationof non-native invasive species.To that end,the following guidelines shall apply: (1)Planting of species on the Atlantic Beach ProhibitedSpecies List shall not be accepted for mitigationcredit. (2)Removal of nonnative invasive species from nonresidentialproperties (excluding jurisdictional wetlands),shall be completed,whenever practicable,as a requirement for approval of any development permit issued by the city or the issuance of a certificate of occupancy if applicable. (3)Procedures for the controland eliminationof non-native invasive species shall in no way promote the proliferationof the species through the dispersal of seed or other means. (4)Procedures for the control and eliminationof non-native invasive species shall in no way harm or cause the decline of desirable species that are to be preserved,planted or relocated. AtlanticBeach ProhibitedSpecies List.The following species or sub-species of trees are not protected trees under this chapter,and are exempt from mitigation.The trees on this list shall not be accepted for replacement or relocationcredit. Australianpine thicket glaucaBischofialbischofiajavanicaBrazilianpepper|schinusterebinthifoliusCamphortreelcinnamomumcamphoraPage22of33 Agenda Item #2.A.06 Jan 2022Page 27 of 268 Composite1 C 11-4-21 Minutes Carolina laurelcherry prunus caroliniana Carrotwood cupaniopsis anacardioides Castor bean ricinus communis Catclaw mimosa mimosa pigra Chinaberry tree me/ia azedarach Chinese taliow sapium sebiferum Chinese wisteria wisteria sinensis Climbing cassia senna pendula Earleafacacia acacia auriculiformis Golden Raintree koe/reuteriapaniculata Guava psidium guayava jambolan syzygiumcimini Laurelfig 9 lficusmicrocarpa Leadtree Ieucanea Ieucocephala ‘ Melaleuca tree melaleuca quinquenervia Mimosa tree albiziaju/ibrissin Orchidtree bauhiniavariegata Schefflera scheff/eraactinophylla Seaside mahoe thespesia popu/nea Shoebutton ardesia jardisiael/iptica Strawberry guava psidium cattleianum Woman's tongue ralbizialebbeck (Ord.No.95-10-101,§2(Exh.A),2-22-10;Ord.No.95-15-109,§1,5-11-15) Sec.23-36.Elimination of contagious diseased and pest-infested trees. vegetative communitiesexisting within the city shall be protected by the identificationand/or con?rmationof suchprofessional,the City shall give notice to the propertyowner to remove the afflictedtree.Such tree removalshallbeexemptfromthepermitapplicationrequirements,as set forth in section 23-22.Further,mitigationshallnotberequired,provided however,the subject property is in compliance with minimum treerequirements,as set forth in section 23-30.(Ord.No.95-10-101,§2(Exh.A),2-22-10)Page 23 of 33 ...__.,....»_”..c...m......_.n..y.-s.a.».a..-V._.«.,-.-......m.se».s-Agenda Item #2.A.06 Jan 2022Page 28 of 268 Composite11II 11-4-21 Minutes Sec.23-37.Payment in lieu of replacementlrelocatlon. it is the intent of this chapter that all reasonable methods be used to replace or relocate trees onsite. Payment to the tree fund in lieu of replacement or relocation shall not be construed as a routine mitigation option.Rather,it shall be reserved for cases where the abilityto replace or relocate trees onsite is restricted by circumstances related to federal,state or local regulations and requirements including but not limitedto conflicts with rights-of-way,utilities,stormwater facilities,septic fields and environmentally sensitive areas. The value to be paid into the tree fund shall be established and adopted by resolutionof the city commission, and payments to the tree fund may be approved in accordance with the following provisions: (1)For single-and two-fami/y residential uses.If an applicant,at the time of application, demonstrates a successful plan to accomplish at least fifty(50)percent of the required mitigation onsite,the administrator shall approve the application and issue a permit in accordance with section 23-23.The remaining balance of the required mitigation shall be payable to the tree fund withinseven (7)days of such determination. (2)For commercial,Industrialand all other uses.Applications for tree or vegetation removal permits for all uses and development,other than single-and two~family residential uses,shall replace or relocate required mitigation onsite,except in cases where the administratorfinds,based upon the above stated conditions,that onsite mitigation is not possible.Upon approval of a mitigation plan by the administrator,a permit shall be issued by the administrator,and the remaining balance of the required mitigation shall be payable to the tree fund within seven (7)days of such determination. (3)Where payment in lieu of replacement or relocation is approved,as set forth in preceding subsections (1)or (2),the applicant shall pay the equivalent value of the portion not planted or relocated,to the city's tree fund.The approved mitigation payment shall be payable to the tree conservation trust fund withinseven (7)calendar days of the approved mitigationorder.Mitigation payments not received withinthe prescribed time period shall result in the filing of a lien on the subject property. (Ord.No.95-10-101,§2(Exh.A),2-22-10) Secs.23-38-23-39.-Reserved. DIVISION5.AREAS OF SPECIAL CONCERN Sec.23-40.Applicability. There exist withinthe city certain areas whichcontain trees or vegetation of special value and concern. or areas of such great social,cultural,historical,ecological,environmental or economic signi?cance that they may warrant added measures of protection. (Ord.No.95-10-101,§2(Exh.A),2-22-10) (a)Designation.The city bytrees.In doing so,the city commissionshall specifically identify those streets,or portions thereof,ortrees,which shall be so designated.(b)Criteria.in considering whether roadways or portions thereof shall be designated as historiccorridors,the city commission may consider the following criteria:(1)The presence of historically significant tree coverage or landscaping,as individualplants or ingroupings.(2)The presence of culturally signi?cant tree coverage or landscaping.Page 24 of 33 Agenda Item #2.A.06 Jan 2022Page 29 of 268 «Composite1 11-4-21 Minutes (3)The presence of significant architecturalstructures with associated tree coverage or landscaping. (c)Documentation.The administratorshall maintain a record of all historiccorridors so designated and their location shall be re?ected on city maps as such. (d)Mitigation.Mitigationrequired forthe removal of designated heritage trees and trees within designated historiccorridors,shall be at a higher rate than removal of nondesignated tree(s),as specified in section 23-33,as an extra measure to encourage protection of such trees. (Ord.No.95-10-101,§2(Exh.A),2-22-10) Secs.23-42-23-45.-Reserved. DIVISION6.VIOLATIONS,ENFORCEMENTAND PENALTIES Sec 23-46.Violations. Violations,including failure to make proper applicationfor a tree or vegetation removal permit as required by these provisions,or failure to implement any requirements or conditions of a tree or vegetation removalpermit,shall be deemed a violationof this chapter,and shall be subject to code enforcement procedures as set forth withinchapter 2,article V,division 2 of this Municipal Code of Ordinances and any other remedies available under applicable law. (1)Development activity.it shall be a violation of this chapter for any person(s)to engage in development or other activity,which has the potential to damage,destroy or remove,or cause the destruction or removalof any tree or vegetation as regulated herein,without complying with all applicable provisions of this chapter. (2)Compliance with approved permit.it shall be a violationof this chapter for any person who has obtained a permit from the city pursuant to the requirements of this chapter to fail to comply with the requirements of the approved permit and any conditionsattached thereto. (3)Compliance withgeneral conditions of permit.The following minimumconditionsshall apply to every permit issued pursuant to this chapter,and violationof or failure to comply with any such condition(s)shall be a violationof this chapter: a.Permit and plans onsite.Approved permits and plans shall be available onsite at all times during development activity. b.Responsible individualonsite.Whenever site work is ongoing,there shall be an individualat the site who shall be responsible for the ongoing work and who shall have the familiaritywith the project to ensure work is proceeding according to approved plans.This provision is not intended to require that a single individualremain onsite during all operations,only that at all times there shall be a designated person in responsible charge. (4)Maintenance requirements.it shall be a violationof this chapter for any person(s)who is engaged in development activity on property located withinthe city or in accordance with a permit issued property upon whichsuch activities set forth herein.(Ord.No.95-10-101,§2(Exh.A),2-22-10)Sec.23-47.Notice of violation.Whenever the administrator determines that a violationof this chapter has occurred,the administratorshallimmediatelyissuewrittennoticetotheperson(s)in violation,identifying the nature and location of theviolationandspecifyingthatremedialactionisnecessarytobringtheviolationintocompliance.ThePage25of33 Agenda Item #2.A.06 Jan 2022Page 30 of 268 I Composite10 11-4-21 Minutes person(s)in violation shall immediately,conditions permitting,commence remedial action and shall have seven (7)calendar days after the receipt of notice,or such longer time as may be specified in the notice, to complete the remedial actions required to bring the violationinto compliance withthis chapter. (Ord.No.95-10-101,§2(Exh.A),2-22-10) Sec.23-48.Stop work order. (a)Authority to stop work.The city manager or designee of the city manager shall have the authority to immediately issue a stop work order in any of the following circumstances: (1)Whenever land is being cleared without an approved permit or in a manner inconsistentwith the approved permit; (2)Upon the failure of the permittee,or failure of the property owner if no permit exists,to take immediate corrective action when there is an apparent danger to life or property; (3)Whenever ongoing noncompiiant work is not immediately and permanently stopped upon receipt of a written or oral notice of violation; (4)Whenever protection measures have not been implemented or maintained and danger to regulated trees or regulated vegetation exists or appears imminent; (5)Whenever remedialwork required by notice of violationpursuant to subsection (a)of this section is not completed in the time period speci?ed;or (6)Upon failure to post or have the approved permit and plans available onsite. (b)Content and scope of stop work order.The stop work order shall specify the circumstances that have resulted in issuance of the order.it shall also direct that all work be stopped other than such remedial work as is deemed necessary to bring the violationinto compliance,or it may specify the cessation of specific work by functional nature,such as land clearing,regulated tree or regulated vegetation removal,grading,roadway construction,building erection or utilityconstruction.The order may apply to the entire project or to geographical portions of the project that may be individually specified. (c)Failure to comply after notice of violation and stop work order.if the person(s)in violation fails to complete the required remedial action within the prescribed time,or continues any development activity in violation of a stop work order,the administrator may initiate code enforcement action pursuant to chapter 2,article V,division 2 of the Code of Ordinances,or other remedies as authorized bylaw. (Ord.No.95-10-101,§2(Exh.A),2-22-10;Ord.No.5-19-68,§3,2-11-19) Sec.23-49.Requirement for emergency or immediate corrective action. Where it is determinedby the city that failure to maintain stormwater management facilities,erosion, sediment or tree/vegetation protection controls,or failure to conform to the provisions of this chapter or permit conditions,is resulting in danger or damage to life or property,the city may require immediate corrective action.Protection controls which are breached due to development activity,wind,rain or other taken by the permittee or property owner and the conditions of the site are such that there is danger orhardshiptothepublic,the city may enter upon lands,take corrective actions,and place a lien on the realpropertyofsuchperson(s)to recover the cost of the corrective measures.in addition,the administratormayrevokeanypermitissuedpursuanttothischapter.(Ord.No.95-10-101,§2(Ex11.A),2-22-10)Page 26 of 33 Agenda Item #2.A.06 Jan 2022Page 31 of 268 Composite 1 11-4-21 Minutes Sec.23-50.Code enforcement action. Failure to complete remedial actions required to bring the violationinto compliance with this chapter shall result in code enforcement action pursuant to chapter 2,article V,division 2 of the MunicipalCode of Ordinances as well as other remedies available under applicable law. (O1°d.No.95-10-101,§2(Exh.A),2-22-10) Sec.23-51.Penalties. (a)Generalprovisions.Any person(s)violating a provisionof this chapter shall be punishable according to the law or in accordance withthe findings of the duly appointedspecial magistrate. (1)Violationsof this chapter are consideredirreparable and irreversiblein nature. (2)Each day any violationcontinues shall constitute a separate offense. (3)Each regulated tree removed from a site in violation of these regulations shall constitute a separate offense. (4)Each acre or fraction thereof.of land cleared in violationof these regulations shall constitute a separate offense. (5)Person(s)charged with violationsof this chapter may include: a.The owner,agent,lessor.lessee,contractor or any other person(s)using the land,building or premises where such violationexists. b.Any person(s)who maintainsany land,building or premises upon which a violationexists. c.Any person(s)who knowingly commits,takes part,or assists in such violation. (b)Building permits.No building permit shall be issued for a site unless and until a required tree or vegetation removal permit has been issued,or while any violationof this chapter exists on the subject site. (c)Injunction.Any affected person(s)may seek an injunction against any violationof the provisionsof this chapter and recoverfrom the violator such damages as he or she may suffer including,but not limitedto,damage to propertyas a result of development or failureto maintain,in violationof the terms of this chapter. (d)Sanctions for failure to obtain a permit. (1)Regulated trees or regulated vegetation removed in violationof this chapter shall require an after- the-fact permit,the fee for which shall be two (2)times the normalestablished application fee specified in section 23-26.In addition,as a conditionof the permit,the applicant shall immediately complete all remedialwork as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2)Regulated trees removed in violationof this chapter shall be assessed at two (2)times the normal established rate of mitigation specified in section 23-33. determine with reasonable certainty the number and size of treesvegetationremovedinviolationofthischapter,analysis of aerial photography or other suchacceptedscientificmethodologyshallbeusedtomakeadeterminationastothelossofcanopyand/or land cover for the purpose of assessing mitigation.A civilfine of five dollars ($5.00)persquarefootofcanopyorlandcoverlostshallbeassessedbytheadministrator,and shall bepayabletothetreefundwithinseven(7)days of such assessment.No further work ordevelopmentshallproceeduntilthecityisinreceiptofanysuchassessedfine.(4)Any person(s)exhibiting a documented history of chronic or repeated violationsof this chaptershall,upon third offense,be reported to the Florida Department of Business and ProfessionalPage27of33 Agenda Item #2.A.06 Jan 2022Page 32 of 268 Composite1 11-4-21 Minutes Regulation,as well as any other authority governing licensing,registration or certificationof individualsor businesses. (Ord.No.95-10-101,§2(Exh.A),2-22-10;Ord.No.5-19-68,§3,2-11-19) Sec.23-52.Environmental stewardship committee-Intent. The maritimeforest in AtlanticBeach is core to the city's identity as a small coastal village.The tree canopy creates beauty,provides a home for wildlife,functions as an element of the water management system and enhances property values.it is in the best interest for this committee to be the stewards of the tree canopy through advocacy,assessment,maintenance,planting and preservation of this natural resource.The city parks provide open spaces for recreation,exercise,wildlife habitat,relaxation and encounters with the natural world.This committee intends to support the community to provide a variety of park spaces that are well maintained,accessible and secure.This committee shall take the lead and set high community standards in the beauti?cation and.maintenance of public spaces located within the city. The AtlanticOcean,the St.Johns River and the lntracoastal Waten/vay have a great deal of influence on the micro climate,drainage issues and the diverse vegetation and wildlifethat thrive withinthe city.The care and health of the coast and marsh must be paramount in every recommendationmade by this committee about the use of our land,water system and tree canopy. (a)Environmentalstewardship committee purposes.it shall be the purpose of the environmental stewardship committee: (1)To study and make recommendationsto the city commissionand city staff with respect to the city‘s: a.Maritimeforest; b Parks and open spaces; c.Beautificationof public and private spaces;and d Environmentalstewardship. (2)To act as a motivating and coordinating body to encourage joint public and private participationin promotingthese purposes. (b)Environmentalstewardship committee—Scope of activities.The environmentalstewardship committee shall provideguidance and support to the city commissionand city manager and,upon request by the city commissionor city manager,shall provide written recommendations,in the following areas: (1)Maritimeforest: a.Clarifyingand strengthening the city's processes and all tree and landscape related city codes and ordinances; b.Monitoring the appropriate administrationand enforcement of the city's ordinances; c.Promoting transparency through online access to relevant information; maintaining environmentaleducation and outreach programs about the ’e.Promoting appropriate planting and care of trees on private property to owners,developers,builders,and tree/landscape service contractors;f.Developing and maintaining a long-term tree plan that includes an assessment of thetreecanopy,projecting future needs,and developing a calendar and budget for treeplantinginparks,public spaces and along streets and right-of—ways;g.Promoting tree canopy advocacy including upholding the city's status as a bona fide"Tree City USA";Page 28 of 33 Agenda Item #2.A.06 Jan 2022Page 33 of 268 (2) (3) (4) (Composite1 11-4-21 Minutes h.Developing a process for systematic,review of the city's enforcement of the existing tree codes,including the long-term health of trees planted for mitigation;and i.Developing and maintaining a process for citizens to communicatepossible violationsto the city. Parks and open spaces: a.Developing and maintaining a long-range plan to protect,improve and beautify park spaces; b.improvingaccess to and amenities for parks including disability accommodations,bike paths,parking,signage and other user friendly features; c.Expanding the city's inventory of parks and conservation land through acquisition or other means;and d.Maintaining a web-based,publiclyaccessible inventory of parks including their history, archeological value,rules of use,deed restrictions and conservation easements. Beautificationof public and private spaces: a.Enhancing public spaces,including public rights—of-way,roadsides,city buildings, beach accesses and other publicly held properties with art,carefully maintained landscape design and plantings; b.lncentivizing and advocating for beautification of private and commercialspaces; Reducing the number and appearance of degraded or blighted properties;and d.Developing a design theme/community branding for signage,bus shelters,lighting and other elements of the built environment. Environmentalstewardship: a.Utilizingbest practices,including a science based approach,when making any decision about development and its impact on our environment; b.Protecting the beach,dunes,marshlandsand wetlands as criticaldefenses in hurricane, erosion and flooding conditions; c.Communicating the dynamics of tidal drainage and floodplainwith the goal of preserving the city's ?ood management system; d.Reviewing the city's environmentalcodes and ensuring enforcement of rules including, but not limitedto,dumping,septic tanks and commercialpollution;and e.Reviewing,updating and maintaining the Marsh Master Plan for adherence to current research about sea level change and wetlands preservation. (c)Membership,terms,appointments,geographic requirements,composition. (1) (2) Membership.The environmentalstewardship committee shall be composed of eleven (11) members.A majorityof the members of the committee shall constitute a quorum.No member Terms.Following the expiration of the terms of office of the inaugural board members,allmembersshallservethree-year terms.Members shall not serve more than three (3)consecutive terms on the committee.All terms shall expire on December 31 of the properyear,provided,however,that members whose terms expire shall continue to serve untilreplacementappointmentsareeffective.Any committee member who wishes to resignshouldsubmitaletterofresignationtothechairmanandcityclerk.Any vacancy during theunexpiredtermofanappointedmembershallbefilledfortheremainderoftheterm.ShouldPage29of33 Agenda Item #2.A.06 Jan 2022Page 34 of 268 Composite1 11-4-21 Minutes the length of the unexpired term be less than one (1)year,then such appointment shall not count towards the maximumnumber of consecutive terms. (3)Appointments.Except for the inaugural committee members,committee members shall be selected by the board member review committee and shall be confirmedby the commission. The commission shall select the inaugural committeemembers as follows: Member RepresentationAppointedBy At large Mayor (3 years) At large Mayor (4 yea rs) At large Mayor (3 years) District 1308 resident Seat 2 commissioner (3 years) At large Seat 2 commissioner (4 years) District 1307 resident Seat 3 commissioner (3 years) At large Seat 3 commissioner (4 years) District 1306 resident Seat 4 commissioner (3 years) At large Seat 4 commissioner (4 years) District 1312 resident Seat 5 commissioner (3 years) At large Seat 5 commissioner (4 years) (4)Geographical requirements.There shall be at least one (1)member representing each city districton the committee.Each committee member must be a fulltime resident of the city or own real property in the city.For the purpose of this section,full time residency shall be defined as the person's principal place of abode.Any member must immediately notify the city manager and chair in writing upon no longer meeting these membership qualifications. (5)Composition.To the extent possible,committee members should demonstrate at least one (1)of the following skills,experience,expertise,educational background or interests: a Knowledge of best practices in environmentalmanagement and sustainability; b Land development and building construction; d.Arboricultureand horticulture;e Landscape architecture;f.Environmentalpolicy;g Environmentaland constitutionallaw;b Community engagement;andi.Educational programming.Page 30 of 33 Agenda Item #2.A.06 Jan 2022Page 35 of 268 (d) (6) (f) Compositeii 11-4-21 Minutes Organization. (1)The committeeshall meet on the second Wednesday of each month.Special meetings may be called by the chair,provided at least forty-eight (48)hours’notice is provided and that a majority of the members must agree to the date and time.At its first regularly scheduled meeting each January,the committeeshall elect from among its members a chair,vice chair, and secretary who shall assume their positions immediatelyupon election. (2)The chair shall preside at all meetings of the committee.The vice chair shall preside if the chair is absent. (3)The committeeshall be staffed at each meeting by a city staff member appointed by the city manager to act as the recording clerk.in addition,the city manager or his/her designee shall attend all committeemeetings. (4)Roberts Rules of Order shall be followedat committee meetings.The committee may adopt, amend,and rescind proceduralrules of the committee to aid in implementingthe provisions of this section.All reports,studies,and recommendationsmade by the committeeshall be approved by the committee before the same may be presented to the city commissionor city manager on behalf of the committee. (5)The committeeshall establish a tree subcommitteein accordance with subsection (f)below. The committeemay establishsuch other subcommittees fromamong its membership as it deems necessary to perform its activities.Subcommittees shall report on their progress to the committeeat such times as the committee shall require.Allcommitteeand subcommittee meetings shall be open to the publicand are subject to Florida's Government in the Sunshine Laws. (6)The committee's recording clerk shall keep minutes of the proceedings,showing the vote of each member upon each question,or,if absent or failing to vote,indicating such fact.and shall keep records of its examinations and other official actions,all of which shall be Immediately filed in the office of the city clerk and shall become a public record. Removal of members.Any member on the committee may be removed for cause by the city commissionupon written charges and after public hearing.Any member who fails to attend three (3)consecutive meetings without prior notice to the director of planning and community development or his/her designee and without reasonable cause shall have his office declared vacant by the committee.The vacancy shall be promptlyreported to the city clerk and filled by the city commission. Establishmentof tree subcommittee,membership,terms. (1)There is hereby established a tree subcommitteeof the environmentalstewardship committee,referred to in this subsection as the subcommittee.The subcommittee shall systematicallyreview tree permits submitted to the city for completeness and to determine compliance with the provisions of this chapter 23 as more particularly described in this subsection.The subcommittee shall consist of three (3)members and one_(1)alternate member.The alternate shall serve in the case of the absence of any of the three (3) members.The members of the environmentalstewardship committee may volunteer to to the subcommitteeby the environmental environmentalstewardship committee.The stewardshipappointorremovethemembersofthesubcommitteebyasimplemajority vote.Fillingvacanciesshalltakeplaceatthenextregularscheduledmeetingoftheenvironmentalstewardshipcommitteeafteraseatonthesubcommitteehasbecomevacated.Members ofthesubcommitteemayserveforaslongastheyserveontheenvironmentalstewardshipcommittee.(2)Organization of tree subcommittee.Page 31 of 33 Agenda Item #2.A.06 Jan 2022Page 36 of 268 (9) a. Composite 11-4-21 Minutes The environmentalstewardship committee shall establish a regular meeting schedule of the tree subcommittee.Unless otherwise determined.the subcommittee'smeetings shall meet on the same date as the environmentalstewardship committee. The administratoror designee shall attend all meetings of the subcommittee.A city staff member designated by the city manager shall act as clerk for the subcommittee.The clerk shall be responsible for the clericaladministrationof the subcommittee.The clerk shall also be responsible for the maintenance and preservation of all records of the subcommitteein coordinationwith the city clerk's office. The subcommitteeshall utilizethe rules of the environmentalstewardship committee. Robert's Rules of Order shall be followed to conduct meetings.Allmeetings shall be open to the public.The subcommitteeshall keep minutes of the proceedings,recording the vote of each member upon each question or if absent or failing to vote,indicating such facts.it shall keep records of its examinationsand other officialactions,all of which shall be promptlyfiled withthe city clerk's office and shall become public record.The subcommittee willoperate in compliance with Florida's Government in the Sunshine Laws. Systematic permit review and appeal process.Notwithstanding any other permit review or appeal processes set forth in the AtlanticBeach Code of Ordinances,the following permit review and appeal procedures shall constitute the exclusive procedures regarding tree permits in the City of AtlanticBeach. (1)_Initialreview period. 8.The administratorshall upload all tree permit applications to the city's website within three (3)business days of being deemed sufficient in accordance with section 23-23 of this Code,and ready for site inspection in accordance with section 23-24.The initialsite inspection by the administratormay occur no earlier than the fourth business day after the complete permit applicationhas been uploaded to the city's website. The subcommitteemay review any tree permit applications. Each member of the subcommittee may independently review any tree permit applicationsthat include the removal of more than fifty (50)percent of the total inches of the diameter at breast height (DBH)of regulated trees on any property. Each member of the subcommitteemay independently review any tree permit applicationsthat include the removal of one (1)or more legacy tree(s)on any property. One (1)member of the subcommitteemay accompany the administratoron the initial site inspection as an observer.The subcommitteemember must make the request to attend the initialsite inspection as an observer within three (3)business days of the permit being uploaded to the city's website.The subcommitteemember shall not Interactwiththe property owneror the property owner's agents during the site inspection and shall stay in the vicinity of the administrator during the inspection.The subcommitteemember shall be providedtvventy-four(24)hours‘notice prior to the time of the site inspection.if multiple requests are made by subcommittee members to initialsite inspection,-theadministrator shall select (2)Issuance,review and appeal procedures of a permit.8.When the administrator'sapplication review process and inspection have beencompleted,the administrator shall distribute a notice of intent to issue tree permit to theapplicantandallmembersofthesubcommittee,including the alternate member anduploadthedraftpermittothecity's website.Within five (5)business days after thedistributionofthenoticeofintent,the applicant,any member of the subcommittee orany"adversely affected party"as defined in section 24-17 may place a hold on thepermitbyprovidingwrittennoticetotheadministratorrequestingfurtherreview.ThisPage32of33 Agenda Item #2.A.06 Jan 2022Page 37 of 268 Composite1 11-4-21 Minutes notice shall includethe rationaleto support the request for further review.If no notice is filed.the permit shall be effective after the expiration of the five-business-day notice period. Should a written notice be timelyfiled,withinfive (5)business days after a notice is filed with the administrator,the administratorshall place the matter on the agenda,with propernotice,of the next availableregularly scheduledsubcommitteemeeting. The subcommitteeshall review the draft permit for compliance with the requirements of this chapter 23 and shall,by majorityvote,recommendthat the administratorapprove, approvewith conditionsor deny the application.The administrator shall issue or deny the permitwithinfive (5)business days after the subcommitteemeeting.The applicant or any memberof the subcommitteeor any "adversely affected party"who submitted written comments to the subcommitteeprior to the meeting or made a presentation to the subcommitteeduring the meeting.may file a written notice objecting to the permit within five (5)business days from the date of permit issuance stating the alleged reasons the permit does not comply with the provisionof this chapter 23.The permit issued by the administratorshall not be effective until this five-business-day notice period has expired. Should a written notice be timely ?led,the draft permitshall be placed on the next availablecommunity development board agenda.The board's review shall be de novo. The board shall determine whether the draft permit complies with the provisionsof this chapter 23.The board may issue,deny or modify the draft permit.All notice requirements for "variances"set forth in section 24-51(c)(2)shall apply to the hearing on said contested tree permit. The decision by the community development board shall be final unless the applicant or an "adversely affected party"who submittedwritten comments to the board prior to the board meeting or made a presentationto the board during the meeting files a written appeal of the community development board decision to the city commissionwithin fifteen (15)days of the board's decision,withthe city clerk,together with a five-hundred- dollar ($500.00)filing fee.Where the community development board approves a tree permit,the subject tree permit shall not be effective untilthe fifteen-day appeal period has expired.Said written appeal must set forth the alleged reasons that the community development board's determinationdoes not comply with the provisionsof this chapter 23.The commission'sreview shall be de novo and the notice requirements for "variances"set forth in section 24-51(c)(2)shall apply.The commissionmay confirm, overturn or modify the community development board's action.The action of the commissionshall constitute final action of the city.Where the commissionapproves a tree permit,the permit shall not be effective untilany applicablejudicialappeal period has expired. (Ord.No.5-17-64,§1,7-24-17;Ord.No.5-18-67,§§1——~3,1-14-19) Secs.23-53-23-60.-Reserved. Page 33 of 33 .....__.____._...._....m._.»_..ama_a—..m.._«.s...s,..¢m....m..,‘Agenda Item #2.A.06 Jan 2022Page 38 of 268 Cornpoelte2 November 4,2021 Mejt?ginm RECEIVEDBuildingPermitApplicatioREVIEWEDFORLayranIoIndIeapéry¢‘r._ City of»Atlantic Beach Building Department CODE “ALL m|=oRMA’rioN 800 SeminoleRoad,AtlanticBeach,FL3223 §?“2"$-JANCE HIGHLIGHTEDINem ; Phone:(904)247-5826 Email:§lLiilclii‘i;7»=i’)r3;3«QE 7%9 ‘5 ““”'“E°' J,’-V Job Address;34219thstreet.AtlanticBeach.FL32233 permit Number;RESZO-0226 Legal Description 3543409:23-29ESEl.\/AMARINAumr12-ALOT5 R53 L]'2 020 ~12¢]E Valuation of Work (Replacement Cost)3 1Z3,000 Heated/CooledSF Non~Heated/Cooled 0 Class ofworkz alilew ElAddition !Alteration !Repair CiMove !Dei-no DPool Ewindow/Door it Use of existing/proposedstructure(s):Dcommerclal !Residential ~lfan existing structure,isa ?re sprinklersystem installedi’:DYes lZlNo Willtrees be removedinassociato with Describein detail the type of work to be performed: Updated Floors,Kitchen,Bathrooms,Roof,Windows,Landscaping,P'aintin‘g,WallRemoval FloridaProduct Approval #for multiple products use product approval form Progegg Owner information Name _ThomasBourdon _Address 342 19th Street ‘ city ‘AtlanticBeach ’state FL zip aaaa phone asoge74»1941. E-Mailt°m!:oiirdon7,@gn£a:r.com . Owner or Agent (if Agent,Power of Attorney or Agency Letter Required)Owner Contractor information f? Name of Company -‘BX9'0‘3°'l9l"°"°"lm Qualifying Agent ?gs?1'Kgcq(4.5'1‘... Add,-es;aceOdomsmuBlvd.city Ponle VedraBeach state "FL ‘ zip azasz . Clf?cePhone 9°4~5¢9~5392i .Job Site ContactNurnber?og 55223,$;‘3,Sl3., State Certi?cation/Registration itéjévd [5;;Qgéi Z E‘Mai|.i8X?IO1@gmm)_mm ‘V ..... ArchitectName 8:Phone # Engineefs Name &Phone it A _7 WorkersCompensation lnsurer_OR Exempt B ExpirationDate :54 (1 1 {Z _-';:¥;)IlCaIlOl’lis hereby made to obtain a permit to do the work and installationsas indicated.I certify that no work or installationhas commenced prior to the issuance of a permit and that all work willbe performed to meet the standards of all the laws regulating construction in this jurisdiction.I understand that a separate permit must be securedforELECT Cjl$l_Gyygus,POOLS,FURNACES,BOILERS,l~lEA.Tl-2%TANKS,and‘;/ginconomonrns,etcW;W:El:w’]:“"‘‘ is of ...J;;€... OWNER'SAFFIDAVIT:I certify that all the foregoing informationis accurate and that all work willbe done in compliance with all applicablelaws regulating construction and zoning. WARNINGTO OWNER:YOURFAILURETO RECORDA NOTICEOF COMMENCEMENTMAY 4 RESULTIN YOUR PAYINGTWICEFOR IMPROVEMENTSTO YOUR PROPERTY.IF YOU INTEND TO OBTAINFINANCING,CONSULTWITHYOUR LENDEROR AN ATTORNEYBEFORE or COMMENCEMENT./ ,“$i~gnatureof Owneror Agent)Sig ed and sworn to (or af?rm d before day f Siged andrsworn to (or af?rmed)beforeHe day of‘.5. ' l:;-i§<>‘J"’,~gQ¢~.ié’5"*,.?'11..(,L7‘x’/~s'-'.['g P‘ V.—uvv.~.-.- E .,,léi'ai) V FloriclaCltrislopherMorinIQornmlasln‘GG9?.7asv§:4»?gr?‘g3¢ama~aol:o023‘‘r[]Per§_onallyl(nown OR °’'ducedldentlflcation “-» l‘~}’P75dU¢ed|déhfl?C3fl°n_,.,,.,,(.5‘We of Identification:M A TYPE°f|denTl?C3tl°n1.}"/’¢”l/3'51"§>7l—@o Agenda Item #2.A.06 Jan 2022Page 39 of 268 Composite2 V November 4,2021 Meeting Minutes NOTICEOF COMMENCEMENTJ O B O state of Florida 1-axpong N°_172020-1242 County of OWE" To Whom it May Concern: The undersigned hereby informs you that improvements will be made to certain real property,and in accordance with Section 713 of the FloridaStatutes,the following information is stated in thisNOTICEOFCOMMENCEMENT. LegalDescription of property being improved:36-64 09-28-29E SELVAMARINAUNIT12-ALOT 5 Address of property being improved;34219”)Street,AtlanticBeach.FL32233 Generaldescription ofimprovaments:UpdatedFloors,Kitchen,Bathrooms,Roof,Windows,Landscaping,Painting, wall removal owner;Thomas and KathleenBourdon Address;342 19th Street.AtlanticBeach,FL32233 Owners interestinsiteof the improvement:Owner Fee Simple Tltleholder (if other than owner): Name: contracton»Jax Pro ConslucilonInc. Address,309 OclomsMillBlvd.Ponte Vedra Beach.FL,s2oa2 Telephone No.:(904)5095392 .Fax No: Surety (if any)__ Address:Amount of Bond 5 Telephone No:Fax No:_ Name and address of any person making a loan for the construction of the improvements Name;l-‘BCMortgage.LLC .Add,.es5;16604TownCenter.Pari<way‘NorthSuite A,Wesiiake,FL 33479 PhoneNo:.(95.4)9444935 .Fax No: Name of person within the State of Florida,other thanhimself,designated by ownerupon whomnoticesor other documentsmay be served:Name: Address; 'Telephone No:.Fax No. in addition to himself,ownerdesignates the following person to receive a copyof the Lienor’sNoticeas provided in Section, 713.D6(2)(b),FloridaStatues.(FillIn at Owner’soption) Name: Address:g Telephone No:FaxNo: speci?ed):_NLYTHlSSPACEFORRECORDEWSuse0 i ’:i _'2PersonallyKnown:.Producedidenti?cation:Agenda Item #2.A.06 Jan 2022Page 40 of 268 Composite3 A 11-4-21 Minutes 413 Building Permit Application Updatedlo/9/18 B City of Atlantic Beach Building Department **Au_im=oRMA1'|oN HlGHl.lGHTEDlN GRAY800SeminoleRoad,AtlanticBeach,FL32233 Phone:(904)247-5826 Email:Building-Dept@coab.us '5 REQmRED' Permit Number:RERF‘-20”O153 RE#172020-1242 Job Address:34219lh Street.AtlanticBeach,FL,32233 Legal Description 36-6409-2S-29ESELVAMARINAUNlT12~ALOT 5 Valuation of Work (Replacement Cost)$13000.00 Heated/CooledSF Non-Heated/Cooled 0 Class ofworkz DNew lZlAdditionEr/AlterationEiRepair ElMove DDemo lZiPool Eiwlndow/Door 0 Use of existing/proposed structure(s):Elcommercial ?esidential -if an existing structure,is a fire sprinkler system instaliedi’:ClYes we Willtree 5 be removed in association with -roosed ro ect?iZiYes must submit se arate Tree Removal Permit Describe in detail the type of workto be performed: reroof.27 sq,6/12 pitch,shingles FL10124-R26 FloridaProduct Approval#195351-$12.LQ for multiple products use product approval form Property Ownerinformation Name Donald Maclean Address 2 PETTIS ST- City LAKEAEEORGE State NY Zip 12845‘ E~Maiilombourdon7 rnall.com Owner or Agent (IfAgent,Power of Attorney or Agency Letter Required) Contractor Information Name of Company Rellanl Roo?ng QualifyingAgent Cam9'°"sh°“PP° Address 4230 Pablo Professional Ct #155 City Jacksonville State 5|Zip 32224 Office Phone 9Q4.55z-9539 Job Site Contact Number 904-712-3111 State Certlficatlon/Registration ll CCC133o6‘l5 E~Mallamanda@reiiantroo?ng.com ArchitectName &Phone 11 Engineer's Name &Phone #1 Workers Compensation insurer Egligy g-mg 19549125 OR Exempt Cl Expiration Date 11/20/2020 Application is hereby made to obtain a permit to do the work and installationsas indicated.lcertlfy that no work or installation has comrnencedprior to the issuance of a permit and that all work willbe performed to meet the standards of all the laws regulating constructidnlnthisjurisdiction.I understand that a separate permit must be secured for ELECTRICALWORK, Phone 860-874-1941 permit,‘ythere_rnay'lbe‘additionalrestrlctloiisappllcabletothisproperty that may be foundin the cirecor _ ‘Vtherey-maybe additionalpermitsr‘e'q'uirédfrom”o'ther'governmental entities such_as‘wate’rma”na’gem'ent"dlstrlct‘stateage," federalagencies‘. OWNER'SAFFIDAVIT:I certify that all the foregoing information is accurate and that all work will be done in compliancewith all applicable laws regulating construction and zoning. WARNING TO OWNER:YOUR FAILURETO RECORDA NOTICE OF COMMENCEMENTMAY RESULT lN YOUR PAYING TWICE FOR IMPROVEMENTSTO YOUR PROPERTY.IF YOU INTEND TO OBTAIN FlNANClNG,CONSULTWITHYOUR LENDEROR AN ATTORNEYBEFORE RECORD,lNG OF COMMENCEMENT. ‘H A—7-v(Slgnatu of Owner or Agent)Signed and to (or affirmed)before me this §day of Signed and sworn to (or affirmed)before me this ,2;dévof~"‘_"_;“EH39 Inigo.‘Q i‘’\‘la _A3A%__:.;7D3D_.bV 6(Signature of Not )..,“DAJACKSON '.~“~"“”’/°"’»l id -N I rv Public[u/I/PersonallyKnownOR5?’ ’ (';’?_.St(‘;3:::n(:;-‘,;::irr;nail6068205328"V?ersonallyKnown OR[]Produced ldentlflcatl 33)‘My Commission Expires :[]Produced IdentificationTypeofidentification:"’€"i\~“‘ADV“09.2°22 ‘_‘lg Type of identification:..«.s.mmawvmeaemmmpmmmmmmmamwmwm mumsanxiswucmmummmu-.a¢m~»ma.emumn-we¢_,_ewa.us....—«raw..ee=.v.u.:..ei..e.tsst..a«~em....,....,..........._....._.'.—.e..,.........e...._.._..=.=._.......s‘.................._.....e.........,.....e ...,_=._..........,........_...,.__..__Agenda Item #2.A.06 Jan 2022Page 41 of 268 Composite 4 11-4-21 Minutes 79‘Thursday,November 4,2021 at 11:47:58 Eastern DaylightTime ’% Subject:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Date:Thursday,May 20,2021 at 6:14:49 PM Eastern DaylightTime From:KarlJ.Sanders To:Amanda Askew BCC:KarlJ.Sanders Priority:High Attachments:imageOO1.jpg,COABTree Mitigation Calculations (342 19th Street TPC).pdf,Code Enforcement Violation Notice -Bourdon (05-10-21).pdf Hey Amanda.I just left you a voicemail message at the office,and wanted to follow~upwith a quick email.Actually,i thought I had sent an email to you when we last spoke two weeks ago on May 6,but I just now saw that its in my “Drafts”folder for some reason (I'm guessing I must have had a computer/server issue and it rebooted before sending’). At any rate,l’d like to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Tom Bourdon)has been trying to resolve with City Staff since August of last year.As we discussed a couple of weeks ago,Mr.Bourdon received a letter from Code Enforcement about this issue last month,and my understanding was that those efforts would be put on hold until you had a chance to review the file again and re- familiarizeyourself with the issues so the two of us could discuss a potential resolution of same.That being said,Mr.Bourdon notified me that he received a certified-mail letter from Code Enforcement this week (see attached),so I wanted to reach out again and ensure that this matter (Code Enforcement Case No.21-087)was being held in abeyance,pending our efforts to see if we could work out a mutually agreeable solution to those issues. For your ease of reference,l’ve attached a copy of both the tree mitigation proposal ($33,448.00)that the City previously sent to Mr.Bourdon,as well as the above-referenced Code Enforcement notice dated 05/10/21. Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcement has been advised of same).Assuming that we are in agreement on the status,let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirma date to meet/discuss in detail. Thanks again for your attention to this matter,and i look forward to hearing from you again soon. Best regards, y.«1';»‘-Trr:x~_-_._._Karl J.Sanders,Esq./‘N 3%kjsanders@l<jslawpa.com’§ |V)'904.868.7929 (Office561.386.1216 )Mobile2 Page 1 of 1.«.ww..........rs..._a...a,....a...;...sm»......s.W...;_.,.....w—..a.....»...s.s,.a...a—.:.,.-.3.‘xwmwnmwmw-mmumma.mm.tas.~.x...wna:..,<.ar.w.mn»s~:-was.-mwwn.wmr.«ma—«m.Agenda Item #2.A.06 Jan 2022Page 42 of 268 Composite 4 11-4-21 Minutes Thursday,November 4,2021 at 11:48:16 Eastern Daylight Time Subject:Re:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Date:Friday,June 4,2021 at 4:59:18 PM Eastern DaylightTime From:KarlJ.Sanders To:AmandaAskew BCC:KarlJ.Sanders Attachments:image001.jpg,image002.jpg Hey,Amanda.I left you a vm message just a little while ago and wanted to follow—upwith a quick email.l was hoping that we could schedule a date/time next week to discuss the status of this matter and potential options for resolving same.Please let me know what date(s)/time(s)might work best for you.Looking forward to it!Talk soon. Best regards, Karl ....«-‘*“""‘):A’m?V‘~‘:"h':‘-1%-.‘« it '904.868.7929 |Office 561.386.1216 )Mobile Karl J.Sanders,Esq. l<jsanders@kjslawpa.com From:"KarlJ.Sanders"<kjsanders@kjslawpa.com> Date:Thursday,May 20,2021 at 6:14 PM To:Amanda Askew<aaskew@coab.us> Subject:Tree Removal/Permitissue at 342 19th Street (Bourdon Property) Hey Amanda.I just left you a voicemailmessage at the office,and wanted to follow-up with a quick email.Actually,I thought i had sent an email to you when we last spoke two weeks ago on May 6,but I just now saw that it’s in my “Drafts”folder for some reason (I'm guessing l must have had a computer/server issue and it rebooted before sending). At any rate,I'd like to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Tom Bourdon)has been trying to resolve with City Staff since August of last year.As we discussed a couple of weeks ago,Mr.Bourdon received a from Code Enforcement about this issue last month,and my understanding was that familiarizeyourself with the issues sosame.That being said,Mr.Bourdon notified me that he received a certified-mailletter fromCodeEnforcementthisweek(see attached),so I wanted to reach out again and ensure thatthismatter(Code EnforcementCase No.21-087)was being held in abeyance,pending oureffortstoseeifwecouldworkoutamutuallyagreeablesolutiontothoseissues.For your ease of reference,I've attached acopyof both the tree mitigation proposal($33,448.00)that the City previously sent to Mr.Bourdon,as well as the above-referencedCodeEnforcementnoticedated05/10/21.Page 1 of 2 Agenda Item #2.A.06 Jan 2022Page 43 of 268 Composite 4 11-4-21 Minutes Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcement has been advised of same).Assuming that we are in agreement on the status,let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirma date to meet/discuss in detail. Thanks again for your attention to this matter,and I took forward to hearing from you again soon. Best regards, Karl '---—-—-—<—-—--—~—w——~—~«—wm.s.m9_«e;aw..m.,w.e,w_“_gvM§_Mgm_m.. ..«m—r~....;.1'-~'~—’-~‘v.~-,'1:_ «:«_Karl J.Sanders,Esq. "R kjsanders@kjs|awpa.com k_,1i-'904.868.7929 1 Office1% .»,'-[i‘LA\MA561.386.1216 1 Mobile Page 2 of 2 Agenda Item #2.A.06 Jan 2022Page 44 of 268 Composite 4 11-4-21 Minutes Thursday,November 4,2021 at 11:48:29 Eastern Daylight Time Subject:Re:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Date:Tuesday,June 8,2021 at 5:25:33 PM Eastern DaylightTime From:KarlJ.Sanders To:Askew,Amanda CC:lrizarry,AngeIa BCC:KarlJ.Sanders Attachments:image001.jpg,image002.jpg,image003.jpg,Code Enforcement Notice 3 (06-O3—21).pdf Hey,Amanda.Thanks so much for the reply ...my schedule is pretty flexible tomorrow afternoon ...l’m available from noon—4:00(have to leave office for another meeting at 4:30). Let me know what works best for your during that timeframe and we'll get it scheduled/confirmed...I can either do a zoom call or “old school"conference call ... whichever you prefer. Also,I received an email from my client yesterday regarding another Code Enforcement Notice that he received (see attached).This notice states that the matter has been set for hearing on July 8?l’m assuming that Code Enforcement did not receive word that you and l have been communicating/attempting to schedule a time to discuss this matter (and, hopefully,resolve same). Ms.lrizarry —|’d like to see if the noticed hearing willbecanceled or otherwise continued/held in abeyance until such time as Amanda and I have had a chance to try and work through these issues.Of course,if we are unable to come to a mutually agreeable resolution of the issues,the hearing could be regarding-noticedfor a future date.But,again,l’m hopeful that won't be necessary.Please let me know your thoughts on this. Amanda ——Just shoot me an email with a time that works best for you between noon and 4:00 tomorrow (and preference for either Zoom or Conference Call),and l’llsend you an invite to confirm same. Thanks again,and talk soon. Best regards, Karl 'Karl J.Sanders,Esq. kjsanders@kjs|awpa.com 904.868.7929 )OfficeLAMA561.386.1216 1 MobileFrom:AmandaAskew<aaskew@coab.us>Date:Monday,June 7,2021 at 9:38 AMTo:"KarlJ.Sanders"<kjsanders@kjs|awpa.com>Cc:"lrizarry,Ange|a"<alrizarry@coab.us>Page 1 of 3.,_.___..._~........._._._.._...._.........u.,s....»s..m..w».....—.-s,wm..r,,xws‘*«,¢;¢m._.,‘._=.F...-.=a=..Agenda Item #2.A.06 Jan 2022Page 45 of 268 Composite4 11-4-21 Minutes Subject:RE:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Hey Karl, l’m looping in the code enforcement officer,so she knows you are communicating with us.I'll be happy to meet/zoom/confcall with you. l’m available: Tuesday (6/8)9am or 10am Wednesday open all day Thursday 2pm or 3pm Fromit-‘Kati3;sgaagimam};i;js’a}{aér;@‘l£;§i;wpg;.c;r;;j‘ 1 1” Sent:Friday,June 4,2021 4:59 PM To:Askew,Amanda Subject:Re:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Hey,Amanda.I left you a vm message just a littlewhile ago and wanted to fo|low—upwith a quick email.I was hoping that we could schedule a date/time next week to discuss the status of this matter and potentialoptions for resolving same.Please let me know what date(s)/time(s)might work best for you.Looking forwardto it!Talk soon. Best regards, Karl Karl J.Sanders,Esq. l_<jsanders@£J'Slawpa.com 1 1 "’904.888.7929 [Office LA\/VM561.386.1216 1 Mobile ......w.........— From:"KarlJ.Sanders"<l_<j_sg_r1_d§;§_@_l<,jsl_a_vy);1gg___g_c;n_1_> Date:Thursday,May 20,2021 at 6:14 PM Hey Amanda.I just left you a voicemailmessage at the office,and wanted to foIlow—upwith aquickemail.Actually,I thought i had sent an email to you when we last spoke two weeks agoonMay6,but I just now saw that it’s in my “Drafts”folder for some reason (l’m guessing imusthavehadacomputer/server issue and it rebooted before sending).At any rate,I’dlike to see if we could schedule a time to discuss the status of the treeremoval/permit issue that my client (Tom Bourdon)has been trying to resolve with City StaffsinceAugustoflastyear.As we discussed a couple of weeks ago,Mr.Bourdon received aPage 2 of 3 Agenda Item #2.A.06 Jan 2022Page 46 of 268 Composite4 11-4-21 Minutes letter from Code Enforcement about this issue last month,and my understanding was that those efforts would be put on hold until you had a chance to review the file again and re- familiarize yourself with the issues so the two of us could discuss a potential resolution of same.That being said,Mr.Bourdon notified me that he received a certified—mailletter from Code Enforcement this week (see attached),so I wanted to reach out again and ensure that this matter (Code Enforcement Case No.21-087)was being held in abeyance,pending our efforts to see if we could work out a mutually agreeable solution to those issues. For your ease of reference,I've attached a copy of boththe tree mitigation proposal ($33,448.00)that the City previously sent to Mr.Bourdon,as well as the above-referenced Code Enforcement notice dated 05/10/21. Please let me know if my understandingof the status of thismatter coincides with yours (and if Code Enforcementhas been advised of same).Assuming that we are in agreement on the status,let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirma date to meet/discuss in detail. Thanks again for your attention to this matter,and I look forward to hearing from you again soon. Best regards, Karl Karl J.Sanders,Esq. _kjsanders@.L<5§lawpa.com *5‘‘t l;at i’E ‘:4_.$.904.868.7929 |Office 561.386.1216 l Mobile . 4..r- Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us.Followthe City of AtlanticBeach on Facebookhttps://www.facebook.com/CityOfAtlanticBeach.Floridahas a very broad PublicRecordsLaw.Most written communications to or from State and LocalOfficialsand agencies regarding State or Localbusiness are public records available to the publicand media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. Page 3 of 3 Agenda Item #2.A.06 Jan 2022Page 47 of 268 Composite 4 11-4-21 Minutes Thursday,November 4,2021 at 11:48:41 Eastern Daylight Time Subject:Re:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Date:Wednesday,June 9,2021 at 12:29:00 PM Eastern DaylightTime From:KarlJ.Sanders To:Askew,Amanda CC:|rizarry,Angela BCC:KarlJ.Sanders Attachments:image001.jpg,image002.jpg,image003.jpg,image004.jpg Sounds great.I'llgive you a call then Best regards, Karl Karl J.Sanders,Esq. kjsanders@l<jslawpa.com 904.868.7929 1 Office 561.386.1216 1 Mobile From:Amanda Askew<aaskew@coab.us> Date:Wednesday,June 9,2021 at 10:34 AM To:"KarlJ.Sanders"<l<jsanders@kjs|awpa.com> Cc:"lrizarry,Angela"<a|rizarry@coab.us> Subject:RE:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) How about 3pm today? 1%’"r;{£5{1{.¥,1r1)j.sands;[rnailtotkjisanders@l<islawpalcoimlH2 Sent:Tuesday,June 8,2021 5:26 PM To:Askew,Amanda Cc:lrizarry,Angela Subject:Re:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Hey,Amanda.Thanks so much for the reply ...my schedule is pretty flexible tomorrow scheduled/confirmed .I can either do a zoom call or “old school"conference call .whichever you prefer.Also,i received an email from my client yesterday regarding another Code EnforcementNoticethathereceived(see attached).This notice states that the matter has been set forhearingonJuly8’?l'm assuming that Code Enforcement did not receive word that you and lhavebeencommunicating/attempting to schedule a time to discuss this matter (and,hopefully,resolve same).Page 1 of 4 Agenda Item #2.A.06 Jan 2022Page 48 of 268 ‘Composite 11-4-21 Minutes Ms.lrizarry -I'd like to see if the noticed hearing will be canceled or otherwise continued/held in abeyance until such time as Amanda and l have had a chance to try and work through these issues.Of course,if we are unable to come to a mutually agreeable resolutionof the issues,the hearing could be regarding—notlcedfor a future date.But,again,I'm hopeful that won't be necessary.Please let me know your thoughts on this. Amanda -Just shoot me an email with a time that works best for you between noon and 4:00 tomorrow (and preference for either Zoom or Conference Call),and l’llsend you an invite to confirm same. Thanks again,and talk soon. Best regards, Karl Karl J.Sanders,Esq. kjsanders@l<jslawpa.com ._._.._..—_.__..__....__. ..-.'."">--,....m:~:-‘ ‘904.868.7929 |Office -‘LAW,‘561.386.1216 l Mobile ........._..._............_......_...........m..._,...........kw,».~.....-n.._..........-...y..w ......\.........9.m_......».,.,............-n.~..-_.._.,._..._......-......_..........._._,....,.......,1..a...................a—.a......... From:Amanda Askew<aaskew@coab.us> Date:Monday,June 7,2021 at 9:38 AM Cc:"lrizarry,Angela"<alrizarry_@coab.us> Subject:RE:Tree Removal/Permitissue at 342 19th Street (Bourdon Property) Hey Karl, l’m looping in the code enforcement officer,so she knows you are communicating with us.I'll be happy to meet/zoom/confcall with you. l’m available: Thursday 2pm or 3pmI-irom:KarlJ.Sanders lmailtozkjsanders@l<jslawpa.com]Sent:Friday,June 4,2021 4:59 PMTo:Askew,AmandaSubject:Re:Tree Removal/Permitissue at 342 19th Street (Bourdon Property)Hey,Amanda.I left you a vm message just a little while ago and wanted to follow-up with aPage 2 of 4»v___....__s__.___m_v__ss.._.“u_«.w_mss.«.mmm.aQ,.m.s=,.«m :..._.;....Agenda Item #2.A.06 Jan 2022Page 49 of 268 Composite 11-4-21 Minutes quick email.I was hoping that we could schedule a date/time next week to discuss the status of this matter and potential options for resolving same.Please let me know what date(s)/time(s)might work best for you.Looking forward to it!Talk soon. Best regards, Karl Karl J.Sanders,Esq. kjsanders@_lsJ'Slawpa.com 904.868.7929 1 Office LA\N_,%561.386.1216 1 Mobile ..._..........-..........—4,...,.....,...a.....~......t.,...,x....-..,........_....,.,-...~.._.............__...._....._.,...,-.............v,....-.a.-...,........M.._a-..‘,_.,......~..t.....,.-.....;..c.................a.........._..w...-....._....._.........._....c....... From:"KarlJ,Sanders"<i_<jsanders@_l<iSlawpa.com> Date:Thursday,May 20,2021 at 6:14 PM To:Amanda Askew <aaskew@coab.us> Subject:Tree Removal/Permitissue at 342 19th Street (Bourdon Property) Hey Amanda.iiust left you a voicemail message at the office,and wanted to foiiow~up with a quick email.Actually,I thought i had sent an email to you when we last spoke two weeks ago on May 6,but i just now saw that it’s in my "Drafts”folder for some reason (l’m guessing i must have had a computer/server issue and it rebooted beforesending). At any rate,I'd like to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Tom Bourdon)has been trying to resolve with City Staff since August of last year.As we discussed a couple of weeks ago,Mr.Bourdon received a letter from Code Enforcementabout this issue last month,and my understanding was that those efforts would be put on hold until you had a chance to review the file again and re~ familiarizeyourself with the issues so the two of us could discuss a potential resolution of same.That being said,Mr.Bourdon notified me that he received a certified-mailletter from Code Enforcement this week (see attached),so i wanted to reach out again and ensure that this matter (Code Enforcement Case No.21-087)was being held in abeyance,pending our efforts to see if we couldwork out a mutually agreeable solution to those issues. For your ease of reference,I've attached a copy of both the tree mitigation proposal ($33,448.00)that the City previously sent to Mr.Bourdon,as well as the above—referenced Please let me know if my understanding of the status of thisifCodeEnforcementhasbeenadvisedofsame).Assuming that we are in agreement on thestatus,let me know how your calendar looks for the next couple of weeks so we can try tocoordinate/confirmadate to meet/discuss in detail.Thanks again for your attention to this matter,and i look forward to hearing from you againsoon.Best regards,Page 3 of 4 Agenda Item #2.A.06 Jan 2022Page 50 of 268 6 Comiposite4 11-4-21 Minutes Karl J.Sanders,Esq. 904.868.7929 l Office 561.386.1216 l Mobile Want to receive City of Atlantic Beach news by email?Just say so in an email to i_n_f_o_@coab.us.Followthe City of Atlantic Beach on Facebookhttps:[/www.facebook.com/City0fAtlanticBeach.Floridahas a very broad Public Records Law.Most written communications to or from State and LocalOfficialsand agencies regarding State or Localbusiness are public records available to the public and media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email?Just say so in an emailto lnfo@coab.us.Followthe City of Atlantic Beach on Facebookhttps://www.facebook.com/CityOfAt|anticBeach.Florida has a very broad Public Records Law.Most written communications to or from State and LocalOfficialsand agencies regarding State or Localbusiness are public records available to the public and media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. Page 4 of 4 Agenda Item #2.A.06 Jan 2022Page 51 of 268 Composite 4) 11-4-21 Minutes Thursday,November4,2021 at 11:48:54 Eastern Daylight Time Subject:Re:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Date:Tuesday,July 6,2021 at 11:19:17 AM Eastern DaylightTime From:iiarlJ.Sanders To:Askew,Amanda,Angela Irizarry BCC:KarlJ.Sanders Attachments:image001.jpg,image002.jpg,imageO03.jpg,image0O4.)'pg Hey,Angela.I tried to call you last week,but your voicemallwas full ...ljust left a voicemail at your office a few minutes ago. Amanda and I spoke again last Monday,June 28,regarding the status of this matter.I advised her that Mr.Bourdon has retained a landscape architect to review the tree removal/mitigation issues,and he is currently reviewing the City’s mitigation calculations and compiling a list/size of the trees that Mr.Bourdon preserved to determine whether he is entitled to any credits for same.We anticipate that he will have completed his research/review withinthe next 7 —10 days,at which point we willresume/finalizediscussions with Amanda’s team. In light of the fact that we are actively trying to resolve this issue (i.e.,the tree mitigation calculations),we were under the impression that the Code Enforcement hearing would be continued/deferredto the next scheduled hearing date so that we could finalize these discussions and,hopefully,avoid the need for any hearing.Additionally,I have a previously scheduled work commitment this week (Wednesday evening through Friday),and willnot even be in town this week for any hearing. Could you please confirm that this hearing willbe continued/deferred,or othen/vise let me know what additionalinformation/documentationthat you need from me to confirm same? Thanks so much,and please feel free to give me a call if you'd like to discuss further. Best regards, Karl 561.386.1216 Mobile Karl J.Sanders,Esq. kjsanders@kjslawpa.com From:Amanda Askew <aaskew@coab.us>Date:Tuesday,July 6,2021 at 10:46 AMTo:"lrizarry,AngeIa"<alrizarry@coab.us>Cc:"KarlJ.Sanders"<kjsanders@kjslawpa.com>Subject:FW:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property)Page 1 of 5 Agenda Item #2.A.06 Jan 2022Page 52 of 268 Composite4 11-4-21 Minutes Good morning Angela, You inquired about the status of this case since it is scheduledtogo before the special magistrate on 7/8. I spoke with Mr.Sanders (attorney for property owner)on 6/9 about the tree permit removal process.We have not received any documents/request for this property since the email was sent below. na.{5;"Ag’ke'w.tang;4 Sent:Wednesday,June 9,2021 4:07 PM To:‘KarlJ.Sanders‘ Cc:Genest,Abrielle (agenest@coab.us);lrizarry,Ange|a Subject:RE:Tree Removal/Permitissue at 342 19th Street (Bourdon Property) Attached you will find info.about the two permits (roof and remodel)for 342 19”‘ Street. To appeal staff's interpretation of Chapter 23 (i.e.,size,type and number of trees)you would follow section 23—52(g)(2).We have not officially issued a draft permit.In order to appeal,the applicant has to do so within5business days of the written draft permit approval.We would issue a draft permit approval with conditions (conditions would be the replanting and/orpayment shown on the tree removal calculations form).Let us know if you want to go this route and we'll issue you an official permit with conditions so that you can appeal. To seek a variance or reduction in the total trees to be mitigated you would use the waiver process.it is much like a variance process but instead of going to the Community Development Board it goes directly to City Commission.l have included the minutes and a PowerPoint from the last tree waiver the city conducted for you to review. From:Askew,AmandaSent:Wednesday,June 9,2021 10:34 AMTo:'KarlJ.Sanders‘Cc:lrizarry,AngelaSubject:RE:Tree Removal/Permitissue at 342 19th Street (Bourdon Property)How about 3pm today?Page 2 of 5 Agenda Item #2.A.06 Jan 2022Page 53 of 268 Composite4 11-4-21 Minutes From:KarlJ.Sanders [mailto:kjsanders@kjslawpa.com] Sent:Tuesday,June 8,2021 5:26 PM To:Askew,Amanda Cc:lrizarry,Angela Subject:Re:Tree Removal/Permitissue at 342 19th Street (Bourdon Property) Hey,Amanda.Thanks so much for the reply ...my schedule is pretty flexible tomorrow afternoon ...l’m available from noon—4:OO(have to leave office for another meeting at 4:30). Let me know what works best for your during that timeframe and we’l|get it scheduled/confirmed ...i can either do a zoom call or "old school"conference call ... whichever you prefer. Also,i received an email from my client yesterday regarding another Code Enforcement Notice that he received (see attached).This notice states that the matter has been set for hearing on July 8?l’m assuming that Code Enforcement did not receive word that you and i have been communicating/attempting to schedule a time to discuss this matter (and, hopefully,resolve same). Ms.lrizarry —l’d like to see if the noticed hearing will be canceled or otherwise continued/held in abeyance until such time as Amanda and I have had a chance to try and work through these issues.Of course,if we are unable to come to a mutually agreeable resolution of the issues,the hearing could be regarding—noticedfor a future date.But,again,l’m hopeful that won't be necessary.Please let me know your thoughts on this. Amanda —Just shoot me an email with a time that works best for you between noon and 4:00 tomorrow (and preference for either Zoom or Conference Call),and l’|l send you an invite to confirm same. Thanks again,and talk soon. Best regards, Karl , 'Karl J.Sanders,Esq. l_<jsanders@L<J'slawpa.com . p 904.868.7929 1 Office ,, :3 From:Amanda Askew<aaskew@coab.us>Date:Monday,June 7,2021 at 9:38 AMTo:"KarlJ.Sanders"<l_<jsanders@__lgj_s|_a_w_p_a_.;:_qm>Cc:"lrizarry,Angela"<alrizarry_@coab.us>Subject:RE:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property)Page 3 of 5 Agenda Item #2.A.06 Jan 2022Page 54 of 268 Composite4)1 11-4-21 Minutes Hey Karl, l’m looping in the code enforcementofficer,so she knows you are communicating with us.I'll be happy to meet/zoom/confcall with you. I'm available: Tuesday (6/8)9am or 10am Wednesday open all day Thursday 2pm or 3pm Fromil<ar|J.Sanderslmailtoil<jsanders@kjslawpa.comlA Sent:Friday,June 4,2021 4:59 PM To:Askew,Amanda Subject:Re:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Hey,Amanda.I left you a vm message just a little while ago and wanted to follow—upwith a quick email.l was hoping that we could schedule a date/time next week to discuss the status of this matter and potential options for resolving same.Please let me know what date(s)/time(s)might work best for you.Looking forward to it!Talk soon. Best regards, Karl ,1!‘ Kg .904.868.7929 [Office LAW5 561.386.1216 1 Mobile Karl J.Sanders,Esq. l_<jsanders@_.l§J'slawpa.com From:"KarlJ.Sanders"<l_<jsanders@_l_<jslawpa.com> Date:Thursday,May 20,2021 at 6:14 PM To:Amanda Askew<aasl<ew@coab.us> Subject:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) quick email.Actually,I thought I had sent an email to you when we last spoke two agoonMay6,but ljust now saw that it’s in my “Drafts”folder for some reason (l’m guessing lmusthavehadacomputer/server issue and it rebooted before sending).A At any rate,l’d like to see if we could schedule a time to discuss the status of the treeremoval/permit issue that my client (Tom Bourdon)has been trying to resolve with City StaffsinceAugustoflastyear.As we discussed a couple of weeks ago,Mr.Bourdon received aletterfromCodeEnforcementaboutthisissuelastmonth,and my understanding was thatthoseeffortswouldbeputonholduntilyouhadachancetoreviewthefileagainandre-Page 4 of 5....._..4-_....._.,_..._____........_....__.,.___.,...._._..............,.....~.....u.§.—m<e:..~$»..c.=c.‘..»~..w.,..,.«m»—.s..\_~n,.“,9;..........9..a,..w...9....._Agenda Item #2.A.06 Jan 2022Page 55 of 268 Composite4 11-4-21 Minutes familiarize yourself with the issues so the two of us could discuss a potential resolution of same.That being said,Mr.Bourdon notified me that he received a certified-mail letter from Code Enforcement this week (see attached),so I wanted to reach out again and ensure that this matter (Code Enforcement Case No.21-087)was being held in abeyance,pending our efforts to see‘if we could work out a mutually agreeable solution to those issues. For your ease of reference,I've attached a copy of both the tree mitigation proposal ($33,448.00)that the City previously sent to Mr.Bourdon,as well-as the above—referenced Code Enforcement notice dated 05/10/21. Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcement has been advised of same).Assuming that we are in agreement on the status,let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirm a date to meet/discuss in detail. Thanks again for your attention to this matter,and I look fon/vardto hearing from you again soon. Best regards, Karl Karl J.Sanders,Esq. 8 ‘ti l_<jsanders@_l5js|awpa.com ll‘ 904.868.7929 i Office 'L_AV\‘/h_‘561.386.1216 I Mobile ii:".l'.u:i..-4:;..L».1 Want to receive City of AtlanticBeach news by email?Just say so in an email to i_rjg_@coab.us.Follow the City of Atlantic Beach on Facebook https:[/www.facebool<.com/CityOfAt|anticBeach.Floridahas a very broad Public RecordsLaw.Most written communications to or from State and LocalOfficialsand agencies regarding State or Localbusiness are public records available to the public and media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us.Followthe City of Atlantic Beach on Facebookhttps://www.facebook.com/CityOfAtlanticBeach.Floridahas a very broad PublicRecords Law.Most written communications to or from State and LocalOfficialsand agencies regarding State or Localbusiness are public records available to the public and media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. Page 5 of 5 Agenda Item #2.A.06 Jan 2022Page 56 of 268 Composite 4 11-4-21 Minutes Thursday,November 4,2021 at 11:49:05 Eastern Daylight Time Subject:RE:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Date:Tuesday,July 6,2021 at 11:31:15 AM Eastern DaylightTime From:|rizarry,Ange|a To:KarlJ.Sanders,Askew,Amanda Attachments:image005.jpg,image006.jpg,imageOO7.jpg,image0O8.jpg GoodMorning, i just tried to call you back and left you a voicemail.According to our records,Amanda offered the two options for moving forward on June 9.As of today,we still have not received an application for either option. i willbe happy to forward your written request to the magistrate for an extension but we need to make sure things keep moving forward.This original stop work order was posted back in August of 2020 which prompted Mr.Bourdon to submit an after the fact permit application after which communication ceased. Notices were sent in April,May and then the hearing notice in June. From:KarlJ.Sanders [mailto:kjsanders@kjslawpa.com) Sent:Tuesday,July 6,2021 11:19 AM To:Askew,Amanda <aaskew@coab.us>;Irizarry,Angela<alrizarry@coab.us> Subject:Re:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Hey,Angela.I tried to call you last week,but your voicemail was full ...ljust left a voicemail at your office a few minutes ago. Amanda and I spoke again last Monday,June 28,regarding the status of this matter.I advised her that Mr.Bourdon has retained a landscape architect to review the tree removal/mitigation issues,and he is currently reviewing the City’s mitigation calculations and compiling a list/size of the trees that Mr.Bourdon preserved to determine whether he is entitled to any credits for same.We anticipate that he will have completed his research/review withinthe next 7 —10 days,at which point we will resume/finalize discussions with Amanda’s team. in light of the fact that we are actively trying to resolve this issue (i.e.,the tree mitigation calculations),we were under the impression that the Code Enforcement hearing would be continued/deferred to the next scheduled hearing date so that we could finalize these discussions and,hopefully,avoid the need for any hearing.Additionally,l have a previously scheduled work commitment this week (Wednesday evening through Friday),and willnot even be in town this week for any hearing. Could you please confirm that this hearing willbe continued/deferred,or otherwise let me Thanks so much,and please feel free to give me a call if you'd like to discuss further.Best regards,Karl Page 1 of 6 Agenda Item #2.A.06 Jan 2022Page 57 of 268 ‘Composite4 11-4-21 Minutes Karl J.Sanders,Esq. kjsanders@£J'slawpa.com 904.868.7929 3 Office 561.386.1216 1 Mobile From:Amanda Askew<aasl<ew@coab.us> Date:Tuesday,July 6,2021 at 10:46 AM To:"lrizarry,Angela"<alrizarry_@coab.us> Cc:"KarlJ.Sanders“<l<jsanders@_l<j_sl_agv_pa.com> Subject:FW:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Good morning Angela, You inquired about the status of this case since it is scheduled to go before the special magistrate on 7/8. I spoke with Mr.Sanders (attorney for property owner)on 6/9 about the tree permit removal process.We have not received any documents/request for this property since the email was sent below. .:.;....;..i....,Amanda1 Sent:Wednesday,June 9,2021 4:07 PM To:‘KarlJ.Sanders‘ Cc:Genest,Abrielle(agenest@coab.us);lrizarry,Angela Subject:RE:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Attachedyou willfind info.about the two permits (roof and remodel)for 342 19”‘ Street. To appeal staff's interpretation of Chapter 23 (i.e.,size,type and number of trees)you topermitapproval.We would issue a draft permit approval with conditions (conditionswouldbethereplantingand/orpayment shown on the tree removal calculationsform).Let us know if you want to go this route and we'll issue you an officialpermitwithconditionssothatyoucanappeal.To seek a variance or reduction in the total trees to be mitigated you would use thewaiverprocess.it is much like a variance process but instead of going to the Page 2 of 6,,,.__.c..._..__..,.w....a...-...—4.......t.a,=...z.:.....amw.-...¢,..y...m.a«.n~a......m...._.g.,m.;—...,,...w,w:»..a..s.¢..m..a¢-..Agenda Item #2.A.06 Jan 2022Page 58 of 268 Composite4CM 11-4-21 Minutes Community Development Board it goes directly to City Commission.I have included the minutes and a PowerPoint from the last tree waiver the city conducted for you to review. From:Askew,Amanda Sent:Wednesday,June 9,2021 10:34 AM To:‘KarlJ.Sanders‘ Cc:irizarry,Angela Subject:RE:Tree Removal/Permitissue at 342 19th Street (Bourdon Property) How about 3pm today? ‘Fl‘Oi"i"i2‘Kdl”lSai'id€i'S[rnailtoV:kjsavndersi@._kjsiawpa.c‘omi.”AAIChHAltV H Sent:Tuesday,June 8,2021 5:26 PM To:Askew,Amanda Cc:irizarry,Angeia Subject:Re:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Hey,Amanda.Thanks so much for the reply ...my schedule is pretty flexible tomorrow afternoon ...l‘m available from noon—4:O0(have to leave office for another meeting at 4:30). Let me know what works best for your during that timeframe and we'll get it scheduled/confirmed...I can either do a zoom call or "old school”conference call ... whichever you prefer. Also,I received an email from my client yesterday regarding another Code Enforcement Notice that he received (see attached).This notice states that the matter has been set for hearing on July 8?l‘m assuming that Code Enforcement did not receive word that you and i have been communicating/attempting to schedule a time to discuss this matter (and, hopefully,resolve same). Ms.lrizarry ——l’d like to see if the noticed hearing willbe canceled or othen/vise continued/held in abeyance until such time as Amanda and l have had a chance to try and work through these issues.Of course,if we are unable to come to a mutually agreeable resolution of the issues,the hearing could be regarding—noticedfor a future date.But,again,l‘m hopeful that won't be necessary.Please let me know your thoughts on this. Amanda ——Just shoot me an email with a time that works best for you between noon and 4:00 Thanks again,and talk soon.Best regards,Karl Page 3 of 6ummtwmmmm »m«mmmm%m«.mm“mwm~mnmwm ,._........m.,W._...~..,_,.,,=,.Agenda Item #2.A.06 Jan 2022Page 59 of 268 Composite4 11-4-21 Minutes Karl J.Sanders,Esq. 904.868.7929 l Office 561.386.1216 l Mobile Date:Monday,June 7,2021 at 9:38 AM To:"KarlJ.Sanders"<l<jsanders@J$islawpa.com> Cc:"lri2arry,Angela"<aIrizarry_@coab.us> Subject:RE:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Hey Karl, l’m looping in the code enforcement officer,so she knowsyou with us.l’llbe happy to meet/zoom/confcall with you. I'm available: Tuesday (6/8)9am or 10am Wednesday open all day Thursday 2pm or 3pm From:KarlJ.Sanders [mailto:l<jsanders(c_D_l_<js_l_.’;i_s/1p:_:i_Lcgr;1_] Sent:Friday,June 4,2021 4:59 PM To:Askew,Amanda Subject:Re:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) are communicating Hey,Amanda.I left you a vm message just a little while ago and wanted to follow-up with a quick email.I was hoping that we could schedule a date/time‘next week to discuss the status of this matter and potential options for resolving same.Please let me know what date(s)/time(s)might work best for you.Looking forward to it!Talk Best regards, //U_/~.~.‘.t1':»’T.‘:4'-¢'i".’,'_g_“:J‘\q'-'%-,it|’904.868.7929 5 OfficeLAVVM561.386.1216 |MobileKarlJ.Sanders,Esq.l_<jsanders@_l5js|awpa.com‘->—s—,-.s~ SOON. Page 4 of 6—-—-=——-s-x-«~«»-wm-s.,wmwo.«.-w.m..usm«mw~.«u_q»am.«mpg—._ne;.;wwruu.«.,.«a«M..Agenda Item #2.A.06 Jan 2022Page 60 of 268 Composite4 0 11-4-21 Minutes From:"KarlJ.Sanders"<l_<jsanders@_l_<jslawpa.com> Date:Thursday,May 20,2021 at 6:14 PM To:Amanda Askew <aasI<ew@coab.us> Subject:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Hey Amanda.I just left you a voicemall message at the office,and wanted to fo|low—upwith a .quick email.Actually,I thought I had sent an email to you when we last spoke two weeks ago on May 6,but I just now saw that it’s in my“Drafts”folder for some reason(I'm guessing I must have had a computer/server issue and it rebooted before sending). At any rate,I’dlike to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Torn Bourdon)has been trying to resolve with City Staff since August of last year.As we discussed a couple of weeks ago,Mr.Bourdon received a letter from Code Enforcement about this issue last month,and my understanding was that those efforts would be put on hold untilyou had a chance to review the file again and re- familiarize yourself with the issues so the two of us could discuss a potential resolutionof ~same.That being said,Mr.Bourdon notified me that he received a certified—mall.letterfrom Code Enforcement this week (see attached),so I wanted to reach out again and ensure that this matter (Code Enforcement Case No.21~O87)was being held in abeyance,pending our efforts to see if we could work out a mutually agreeable solution to those issues. For your ease of reference,I've attached a copy of both the tree mitigation proposal ($33,448.00)that the City previouslysent to Mr.Bourdon,as well as the above-referenced Code Enforcementnotice dated 05/10/21. Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcement has been advised of same).Assuming that we are in agreement on the status,let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirma date to meet/discuss in detail. Thanks again for your attentionto this matter,and I look forwardto hearing from you again soon. Best regards, Karl Karl J.Sanders,Esq. "_kjsanders@_l_<jslawpa.com L 'J‘LVAW}A561.386.1216 I MobileWanttoreceiveCityofAtlanticBeachnewsby email?Just say so in an emailto i_r_i_fg@coab.us.Followthe CityofAtlanticBeachonFacebookhttps:[/www.facebook.com/City_OfAt|antlcBeach.Floridahas a very broadPublicRecordsLaw.Most written communications to or from State and LocalOfficialsand agencies regardingStateorLocalbusinessarepublicrecordsavailabletothepublicandmediauponrequest.Your emailcommunications,including your email address,may therefore be subject to public disclosure.Want to receive City of AtlanticBeach news by email?Just say so in an email to in_@_@coab.us.Followthe CityPage 5 of 6 Agenda Item #2.A.06 Jan 2022Page 61 of 268 Composite4 11-4-21 Minutes of Atlantic Beach on Facebookhttp_;[/www.facebook.com/CityOfAtlanticBeach.Floridahas a very broad PublicRecordsLaw.Most written communicationsto or from State and LocalOfficialsand agencies regarding State or Localbusiness are public records available to the public and media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. Want to receive City of AtlanticBeach news by email?Just say so in an email to info@coab.us.Followthe City of Atlantic Beach on Facebookhttps://www.facebook.com/CityOfAtlanticBeach.Floridahas a very broad PublicRecords Law.Most written communicationsto or from State and LocalOfficialsand agencies regarding State or Localbusiness are public records availableto the public and media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. Page 6 of 6 4 ,...______....._._____._.cw_=..w.._—»..,;.,a.,...sn~,..ee...~...mm...v.o.....<......n..e...w~m;...M.a.m....a..-...;c.......r_.vm~.,.Agenda Item #2.A.06 Jan 2022Page 62 of 268 Composite 4 11-4-21 Minutes Thursday,November 4,2021 at 11:49:13 Eastern Daylight Time I Subject:Status Update re Tree Removal/Mitigation issue for 342 19th St (Code Enforcement Case No. 21-087) Date:Friday,July 23,2021 at 4:33:00 PM Eastern DaylightTime From:KarlJ.Sanders To:AmandaAskew CC:Angela lrizarry 3 Attachments:image001.jpg % Hey,Amanda.Just wanted to send you a quick status update on this matter.As we last discussed a couple of weeks ago,my client and l have been working with a local landscape architect in connection with evaluating/identifying (1)the trees that were removed due to their status as posing a danger to persons or property,per Section 163.045,Fla.Stat.,(2)the size/type of trees that were preserved,and (3)the resulting mitigation assessment (including associatedcredits for both the preserved trees and those which were identified as posing a danger). At this point,we have identified 43 trees that were preserved on-site and appear to meet the City’s minimum size for preservation credits.Our landscape architect is finalizing his review and analysis,and I expect to have a detailed report/proposal from him in short order.Once l have that information,I willpromptlyfon/vardit to you for the City’s reviewand consideration, and we can continue/finalizeour discussions regarding a potential resolution of these issues and what additionalsteps,if any,need to be taken in order to close out this file. As always,I appreciate your time and assistance in trying to work through these issues,and I look forward to speaking with you again soon.Have a great weekend! Best regards, Karl Karl J.Sanders,Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office 561.386.1216 1 Mobile Page 1 of 1 Agenda Item #2.A.06 Jan 2022Page 63 of 268 Composite 4 11-4-21 Minutes Thursday,November 4,2021 at 11:49:27 Eastern DaylightTime Subject:Tree Removal/l\/litigationIssue for 342 19th St (Code Enforcement Case No.21-087) Date:Thursday,September 9,2021 at 6:03:23 PM Eastern DaylightTime From:KarlJ.Sanders To:Amanda Askew CC:Angela lrizarry BCC:KarlJ.Sanders Attachments:imageOO1.jpg Hey,Amanda.Great speaking with you again this afternoon. As discussed,your office is finalizing a response letter to the documentation we submitted regarding our landscape architect’s mitigation calculations,and you expect that willbe fon/varded to me either late tomorrow or sometime on Monday.in the meantime,i willtake a look at the issues that you verbally relayed to me (tree preservation credit calculations, preemption and landscape architect’s methodology for calculations)so that we can provide you with prompt/completeresponses once we receive your letter. As always,thank you for your time and efforts in working with me to try and formulate a mutually agreeable resolution of this issue.i look forward to speaking with you again next week. Best regards, Karl /’»..»,;f‘:?:, ‘i ii 1 904.868.7929 1 Office LAWA 561.386.1216 1 Mobile Karl J.Sanders,Esq. kjsanders@l<jslawpa.com Page 1 of 1,..1.A .)m4.e...1.._<4->~.«¢n|.a1cm4Au-n.*w:-1 a.oa.-m~.....v.w.a~..~gamm.a“a..w«..a.unu=uma»w-...n..m..aa“awau~.».m.~u...;;m;\,—¢aaa.$.«\s.m.u,:a..-_a.sas.»......p.a...ua..¢a.s....s.-...w......o.-,w.9.g=.....se....,.._...._Agenda Item #2.A.06 Jan 2022Page 64 of 268 Composite 4 11-4-21 Minutes Thursday,November 4,2021 at 11:49:34 Eastern Daylight Time Subject:Re:342 19th Street Date:Wednesday,September 29,2021 at 4:52:05 PM Eastern DaylightTime From:KarlJ.Sanders I To:Askew,Amanda CC:lrizarry,Angela,TOMBOURDON7@GMAlL.COM BCC:KarlJ.Sanders Attachments:image001.jpg,image002.jpg Hey,Amanda.l’ve left a couple of voice mail messages regarding some questions/concerns that l’d like to run by you concerning some of the statements made in the City’s 09/14/21 memo.in particular,l’d like to discuss the proposed interpretation of the applicable Code language regarding “preserved trees”and mandatory mitigation credit for same.As I have previously stated,if we can resolve that issue (and I remain hopeful that we can),everything else is moot. Please let me know if you have time for a call to discuss this week.l am tied up all day tomorrow,but I'm generally available on Friday anytime after 11:00 am. Thanks so much,and talk soon. Best regards, Karl .--::....A,—-:.,s_.‘Karl J.Sanders,Esq. __kjsanders@kjs|awpa.com T ,2 p 904.868.7929 |Office LAWA 561.386.1216 1 Mobile »r:ne=a.»mauxmmmawe.mmmr.mnwmeenam=?m:.;ns.rmwm»n.»mw~wyx...M . <....,..,‘K...“,,.a ....-r.:a....nm.a:sag.«-.a=.v..a._.«,e...«.:.mx:a~.«._.t..=.....,m.._......e.¢.\_,_ae........~...-u.w.t.»..a .m..._.ama-........... From:KarlSanders <kjsanders@kjslawpa.com> Date:Thursday,September 23,2021 at 5:30 PM To:Amanda Askew<aaskew@coab.us> Cc:Angela lrizarry <alrizarry@coab.us>,Tom Bourdon <TOMBOURDON7@GMAlL.COM> Subject:Re:342 19th Street Yes,I received your prior email and the City’s attached memo of 09/14/21.We are in theprocessofcompilingtherequestedinformationandpreparingaformalresponse,which wewillfinalizeandsendtoyounolaterthanOctober1(as requested).That being said,i do have a couple of questions regarding the City’s interpretation of itsformerTreeCodewithrespecttomitigationcreditfortreespreservedonsite,as per Section23-33(d).I willtry calling you tomorrow to discuss further.Page 1 of 3mmuwmmwmumawmmswawsnmw.Mnamm .«mnmmswmn museums in 1 .wmmums ratunarpur-Y am -.=:-4 a:.»:.unqz.-.»=.-4ma.s»¢.ae.easa;~—.mumaz.e—«.~4 Agenda Item #2.A.06 Jan 2022Page 65 of 268 P HComposite49 11-4-21 Minutes Thanks again,and talk soon. Best regards, Karl Karl J.Sanders,Esq. kjsanders@kjslawpa.com 904.868.7929 I Office 561.386.1216 1 Mobile ..............-...._............~....._..__.._--......-.............................,a...4.......w—2.—.....................«t—...m—.1 ~..-.—,—...........~......-4.L.w.v.4-w............-....,.....—..«,....-.........~...........;.....m-ws~.......~.._.............a.2..—..4... From:Amanda Askew<aaskew@coab.us> Date:Tuesday,September 21,2021 at 11:38 AM To:KarlSanders <kjsanders@kjslawpa.com> Cc:Angela lrizarry <alrizarry@coab.us>,Tom Bourdon <TOMBOURDON7@GMAlL.COM> Subject:RE:342 19th Street Hello Karl, I just wanted to follow up on my email below to make sure you got the attached and see if youhad any questions.Please confirm receipt ofthis email. From:Askew,Amanda Sent:Tuesday,September 14,2021 3:55 PM To:‘KarlJ.Sanders‘ Cc:|ri2arry,Angela;'TOMBOURDON7@GMAlL.COM‘ Subject:342 19th Street Good afternoon Karl, Attachedyou willfind the city's official response to the materials submitted on Sept. 15‘regarding the trees on 342 19”‘Street. Amanda l..Askew,AICPDirectorofPlanningandCommunity Development800SeminoleRoadAtlanticBeach,FL32266904-247-5841Wanttoreceive City of Atlantic Beach news by email?Just say so in an email to info@coab.us.Followthe CityPage 2 of 3 Agenda Item #2.A.06 Jan 2022Page 66 of 268 Composite4 11-4-21 Minutes of Atlantic Beach on Facebookhttps://www.facebook.com/CityOfAtlanticBeach.Floridahas a very broad PublicRecordsLaw.Most written communicationsto or from State and LocalOfficialsand agencies regarding State or Localbusiness are public records available to the public and media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. Page 3 of 3 4-——-——-——-———-—---«_.:._.......a,.....v...a....¢.....n....ss..Mam.mwwa«mmm.«mmemm~mwummmw~a~a=wn»waq-m,_M~m...»...,..............,‘_Agenda Item #2.A.06 Jan 2022Page 67 of 268 Composite4 11-4-21 Minutes Thursday,November 4,2021 at 11:49:43 Eastern Daylight Time Subject:Re:342 19th Street Date:Monday,October4,2021 at 3:23:49 PM Eastern DaylightTime From:KarlJ.Sanders To:Askew,Amanda CC:lrizarry,Angela,TOMBOURDON7@GMAlL.COM BCC:KarlJ.Sanders Attachments:imageOO1.jpg,image002.jpg,image0O3.jpg Hey,Angela.Thanks for the follow—up.I'm back in the office today and have been tied up with calls/meetings since this morning.I should be freed up for a call by 4:00 this afternoon, and I was hoping that we could schedule a few minutes to speak sometime between 4:00 and 5:00 today to talk about the questions i had regarding the City’s analysis of the tree removal/mitigation issues. Please let me know if that timeframe works for you. Thanks again;and I look forward to speaking with you again soon. 4 _..__.__-.,.....-_..__..._..¢_,.._._.,._......e.m._.=-mmxa.Mwawa—m«.~nzww——u—.m«..uw=en««u~..«....._....._a....=§....;...........a,‘:...».......t....$... Best regards, Karl Karl J.Sanders,Esq. l<jsanders@l<jSlawPa.comes6’g 904.868.7929 i Office .1:/LAWA561.386.1216 1 Mobile ..,....-._..................-..-.............................................~.................,.....~..-..._.~..-......_..............-....................,........._.¢-.,....«....._.............A .........-.........<-......-..........~.,................-..,.... From:AmandaAskew<aaskew@coab.us> Date:Monday,October 4,2021 at 3:12 PM To:KarlSanders <kjsanders@kjslawpa.com> Cc:Angela Irizarry <alrizarry@coab.us>,Tom Bourdon<TOMBOURDON7@GMA|L.COM> Subject:RE:342 19th Street I just wanted to follow up on the below and your email on 9/29to see if you have anyquestions.‘Frorn:"A‘skeMw,HArnanda 2 ll 1 '1 '1Sent:Wednesday,September 29,2021 5:43 PMTo:‘KarlJ.Sanders‘Cc:|rizarry,Angela;TOMBOURDON7@GMAlL.COM Page 1 of 4 Agenda Item #2.A.06 Jan 2022Page 68 of 268 A Composite4 11-4-21 Minutes Subject:RE:342 19th Street Hello Karl, I got a message this morning that you left after 5 yesterday.l’m normally at my desk but had a board meeting.You message indicated that you would follow up via email with your questions. i have some time tomorrow (9/30)after 2pm or Friday (10/1)at 9am or 10am.Just let me know if something works for you. From:KarlJ.SandersImailto:kjsanders@glgjsllawpa.com] Sent:Wednesday,September 29,2021 4:52 PM To:Askew,Amanda Cc:lrizarry,Angela;TOMBOURDON7@GMAlL.COM Subject:Re:342 19th Street Hey,Amanda.I've left a couple of voice mail messages regarding some questionslconcerns that l’d like to run by you concerning some of the statements made in the City’s 09/14/21 memo.In particular,I'd like to discuss the proposed interpretation of the applicable Code language regarding “preserved trees”and mandatory mitigation credit for same.As I have previously stated,ifwe can resolve that issue (and I remain hopeful that we can),everything else is moot. Please let me know if you have time for a call to discuss this week.i am tied up all day tomorrow,but I'm generally available on Friday anytime after 11:00 am. Thanks so much,and talk soon. Best regards, Karl J.Sanders,Esq. ‘E1,l_<i?e_r.s_@,l<is|e_v1i3_a-_c9_n_1 'i 1 "904.868.7929 1 OfficeE From:KarlSanders <l_<isanders@_l_<jslawpa.com>Date:Thursday,September 23,2021 at 5:30 PMTo:Amanda Askew<aaskew@coab.us>Cc:Angela lrizarry <a|rizarry_@coab.us>,Tom Bourdon <TOMBOURDON7@GMAlL.COM>Subject:Re:342 19th Street Page 2 of 4 Agenda Item #2.A.06 Jan 2022Page 69 of 268 Composite 11-4-21 Minutes Hey,Amanda.I've been tied up with another matter all week and just now saw your email from Tuesday.Thank you for the follow-up. Yes,I received your prior email and the City's attached memo of 09/14/21.We are in the process of compiling the requested informationand preparing a formal response,which we willfinalize and send to you no later than October 1 (as requested). That being said,I do have a couple of questions regarding the City's interpretation of its former Tree Code with respect to mitigation credit for trees preserved onsite,as per Section 23-33(d).i willtry calling you tomorrow to discuss further. Thanks again,and talk soon. Best regards, Karl Karl J.Sanders,Esq. 737"?l_<jsanders@i<jslawpa.com .5 ’904.868.7929 |Office .«L4Ay\/M561.386.1216 |Mobile .............,...................._...._...._,...._,..-.«.........,..... From:Amanda Askew<aaskew@coab.us> Date:Tuesday,September 21,2021 at 11:38 AM To:KarlSanders <l_<jsanders@.l$J's|awpa.com> Cc:Angela lrizarry <alrizarry_@coab.us>,Tom Bourdon <TOMBOURDON7@GMAll_.COM> Subject:RE:342 19th Street Hello Karl, I just wanted to follow up on my email below to make sure you got the attached and see if you had any questions.Please con?rm receipt of this email. From:Askew,Amanda2 Sent:Tuesday,September 14,2021 3:55 PM Subject:342 19th StreetGoodafternoonKarl,Attached you will ?nd the city's official response to the materials submitted on Sept.1“regarding the trees on 342 19”‘Street.Page 3 of 4ewmwxamwm-ammmumwmma ‘anxumm3Man-.1»9..m.‘...¢\,.<—-w .:nuwammuum;mummzmsamansm=emmmmmunam:sm~wwawaMnu__..-..t ..‘......a...swuaauna.V '>Nhu‘7%?—::.-mm .e m.u..sa...u.._..ea.ma=..~.«a«.«»lsa.m.s..«.....:...~......a..a.........m.<.9...a.s.....a,.,..«.e ‘?n \‘4InnAn(A1<»?~‘~‘m‘<—'l0=2vAe3:\'~n\¢.‘~hIv-«t_<i)kr'*<MoO\n4gu~~Agenda Item #2.A.06 Jan 2022Page 70 of 268 A Oomposite4‘ 11-4-21 Minutes Please let me know if you have any questions. Amanda L.Askew,AlCP Director of Planning and Community Development 800 Seminole Road Atlantic Beach,FL32266 904-247~5841 Want to receive City of AtlanticBeach news by email?Just say so in an email to i_n_f_o_@coab.us.Followthe City of Atlantic Beach on Facebookl1?p_s_:/_/www.facebool<.com£ityOfAtlanticBeach.Florida has a very broad Public Records Law.Most written communications to or from State and LocalOfficialsand agencies regarding State or Localbusiness are public records available to the public and media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. Atlantic Beach residents and other stakeholders,imagine what your community could be at its very best in the year 2040,and let us know your thoughts by completing the City of AtlanticBeach 2040 VISIONCitizen Questionnaire by Oct.20,2021.Here is the questionnaire:https://bit.ly/3ifkC6m,Here is information about the City's Visioning process and whyit's important:www.coab.us/vision.Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us.Followthe City of Atlantic Beach on Facebook at www.facebook.com/cityofatlanticbeach.Floridahas a very broad public records law.Most written communications to or from state and localof?cials and agencies regarding state or local business are public records available to the public and media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. .mwmmus4amwm»m»mwm..«wammw~m«mr—nmsmw~Awme=swsanmx.“s»m.,...‘.,.,.,,..,.,,,,,,,._.,W1,.u_s.,g__‘,,,Page 4 of 4 Agenda Item #2.A.06 Jan 2022Page 71 of 268 Composite 4 11-4-21 Minutes Thursday,November 4,2021 at 11:49:57 Eastern Daylight Time Subject:Re:342 19th Street Date:Monday,October 4,2021 at 5:53:44 PM Eastern DaylightTime From:KarlJ.Sanders To:Askew,Amanda BCC:KarlJ.Sanders Attachments:image001.jpg,image002.jpg,image003.jpg,image004.jpg Hey,Amanda.Thanks again for taking time to further discuss the tree removal/mitigation issues and potential options for resolving same. As discussed,the next steps here are that you willbe reaching out to the City Manager to see what number (if any)may potentiallybe amenable to the City as a proposed settlement of these issues (which could then be presented to the City Commission by way of an appeal of the City's interpretation of the prior Tree Code language regarding mitigation credit for preserved trees). Looking at the inventory calculations prepared by my client's landscape architect,I would suggest that a reasonable settlement offer would be somewhere in the range of $5,000. Again,this is just a suggestion,as l have not yet discussed it with my client (and,of course, willneed his approval first),but i wanted to provide you with a proposed number ASAP so we can continue trying to move this matter forward.And,if the City Manager believes that it is worthwhileto entertain such a proposal to settle this matter,i can certainly provide you (and him)with a detailed breakdown of how 1came up with that number (i.e.,I didn’tjust pull it out of thin airl). Lastly,I would also note that --in the event that we aren't able to come to terms on a reasonable settlement number and have to litigate the issue of the preemption language of Section 163.045,Fla.Stat.——the Florida Legislature amended Section 57.112 in 2019 to provide for a mandatory award of attorney fees,costs and damages to the prevailing party in a civilaction filed to challenge a local government's attempt to enforce an ordinance that is preempted by state law.i mention that only as another reason why I believe it makes sense for the City to seriously consider a potential settlement to resolve this issue now ...no one wants to spend time/money litigating this matter,butthe potential financial exposure to the City is real (which is why I believe a settlement of $5,000 is both reasonable and justified under the current facts). in short,l sincerely believe that finding a mutually agreeable solution to this matter would be in everyone’s best interests,and I continue to believe that we can find a way to make that Again,I appreciate your continued efforts in working with me to try and this issue,I look forward to hearing back from you after you've had a chance to discuss this with the CityManager.Best regards,Karl Page 1 of 5 Agenda Item #2.A.06 Jan 2022Page 72 of 268 Composite4 11-4-21 Minutes Karl J.Sanders,Esq. kjsanders@kjslawpa.com 904.868.7929 I Office 561.386.1216 I Mobile From:KarlSanders€kjsanders@kjsIawpa.com> Date:Monday,October 4,2021 at 3:23 PM To:Amanda Askew<aaskew@coab.us> Cc:Angela Irizarry <alrizarry@coab.us>,Tom Bourdon <TOMBOURDON7@GMAlL.COM> Subject:Re:342 19th Street Hey,Angela.Thanks for the fol|ow—up.I’m back in the office today and have been tied up with calls/meetings since this morning.I should be freed up for a call by 4:00 this afternoon,- and I was hoping that we could schedule a few minutes to speak sometime between 4:00 and 5:00 today to talk about the questions I had regarding the City's analysis of the tree removal/mitigation issues. Please let me know ifthat timeframe works for you. Thanks again,and I look forward to speaking with you again soon. Best regards, Karl Karl J.Sanders,Esq./€_,‘.4e.1-..=xsr*'-arci?.‘.~-.v,>€:""“ "kjsanders@kjsIawpa.com (5 K! g 67 p,904.868.7929 |Office 9-LAW‘561.386.1216 1 Mobile From:Amanda Askew<aaskew@coab.us> Cc:Angela Irizarry <aIrizarry@coab.us>,Tom Bourdon<TOMBOURDON7@GMAlL.COM>Subject:RE:342 19th StreetGoodafternoonKarl,I just wanted to follow up on the below and your email on 9/29to see if you have anyquestions.'%@2M5,.2 _____..._.._._~__..___..__._................_...,......_....o.u..—m....u6.....<....~aum-xa-a.w—e—..;..mv.-6.,..«.u,.ns.=....»s..sv.:.m,....a»e.......,..~«.~.u«.....Agenda Item #2.A.06 Jan 2022Page 73 of 268 Composite4 11-4-21 Minutes From:Askew,Amanda4 Sent:Wednesday,September 29,2021 5:43 PM To:‘KarlJ.Sanders’ Cc:Irizarry,Angela;TOMBOURDON7@GMAlL.COM Subject:RE:342 19th Street Hello Karl, i got a message this morning that you left after 5 yesterday.l’m normally at my desk but had a board meeting.You message indicated that you would follow up via email with your questions. i have some time tomo_rrow (9/30)after 2pm or Friday (10/1)at 9am or 10am.Just let me know if something works for you. From:KarlJ.Sanders Imailtozkjsanders@_L<JSlawpa.com] Sent:Wednesday,September 29,2021 4:52 PM To:Askew,Amanda Cc:lrizarry,Angela;TOMBQURDON7@GMAlL.COM Subject:Re:342 19th Street Hey,Amanda.l’ve left a couple of voice mail messages regarding some questions/concerns that l’d like to run by you concerning some of the statements made in the City's 09/14/21 memo.in particular,l’d like to discuss the proposed interpretation of the applicable Code language regarding “preserved trees"and mandatory mitigation credit for same.As I have previously stated,if we can resolve that issue (and I remain hopeful that we can),everything else is moot. Please let me know if you have time for a call to discuss this week.I am tied up all day tomorrow,but I'm generally available on Friday anytime after 11:00 am. Thanks so much,and talk soon. Best regards, Karl ' _lgjsanders@kjslawpa.comiEK‘904.868.7929 1 OfficeLAW,?561.386.1216 1 MobileFrom:KarlSanders <l_<jsanders@_l_<jslawp_ag:_c>_m_>Page 3 of 5 Agenda Item #2.A.06 Jan 2022Page 74 of 268 Composite4 H 11-4-21 Minutes Date:Thursday,September 23,2021 at 5:30 PM To:Amanda Askew <aaskew@coab.us> Cc:Angela lrizarry <alrizarry_@coab.us>,Tom Bourdon <‘_l'OMBOURDON7@GMAlL.COM> Subject:Re:342 19th Street Hey,Amanda.I've been tied up with another matter all week and just now saw your email from Tuesday.Thank you for the fo|low—u p. Yes,I received your prior email and the City’s attached memo of 09/14/21.We are in the process of compiling the requested information and preparing a formal response,which we willfinalize and send to you no later than October 1 (as requested). That being said,I do have a couple of questions regarding the City’s interpretation of its former Tree Code with respect to mitigation credit for trees preserved onsite,as per Section 23-33(d).I willtry calling you tomorrow to discuss further. Thanks again,and talk soon. Best regards, Karl Karl J.Sanders,Esq. l_<jsanders@_lgjslawpa.com'l l..904.868.7929 [Office "561.386.1216 [Mobile +2:.ram: .r From:Amanda Askew <aas|<ew@coab.us> Date:Tuesday,September 21,2021 at 11:38 AM To:KarlSanders <l_<j;2_:_r_1g;a_r;@_l_<j$a_wpa.com> Cc:Angela lrizarry <a|rizarry_@coab.us>,Tom Bourdon <TOMBOURDON7@GMAlL.COM> Subject:RE:342 19th Street Hello Karl, ljust wanted to follow up on my email below to make sure you got the attached and From:Askew,AmandaSent:Tuesday,September 14,2021 3:55 PMTo:'l<arlJ.Sanders’Cc:lrizarry,Angela;'TOMBOURDON7@GMAlL.COM'Subject:342 19th StreetGoodafternoonKarl,Page 4 of 5 y».,......y...e:............mnwwwaumammnmn Iz@\&m:' was‘:.g..,...,...,,mx..m.,.,.,,mc mzxmysmm raa'.ev.cAa ..s«maamsw‘xw.u_.m‘m»mu;ne..»«w»wwaw.a.u»mmgmv««.m Agenda Item #2.A.06 Jan 2022Page 75 of 268 Composite4 11-4-21 Minutes Attached you will?nd the city's officialresponse to the materialssubmittedon Sept. 15"regarding the trees on 342 19”‘Street. Please let me know if you have any questions. Amanda L.Askew,AICP Director of Planning and Community Development 800 SeminoleRoad AtlanticBeach,FL32266 904-247-5841 Want to receive City of Atlantic Beachnews by email?Just say so in an emailto i_nfo@coab.us.Followthe City of Atlantic Beach on Facebookhttpsgl/www.facebool<.com@j1yOfAtlanticBeach.Floridahas a very broad Public RecordsLaw.Most written communicationsto or from State and LocalOfficialsand agencies regarding State or Localbusiness are public recordsavailableto the public and media upon request.Your email communications,including your emailaddress,may therefore be subject to public disclosure. Atlantic Beach residents and other stakeholders,imagine what your community could be at its very best in the year 2040,and let us know your thoughts by completing the City of AtlanticBeach 2040 VlSlONCitizen Questionnaireby Oct.20,2021.Here is the questionnaire:https://bit.ly/3ifkC6m,Here is informationabout the City's Visioning process and why it's important:www.coab.us/vision.Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us.Followthe City of Atlantic Beachon Facebook at www.facebook.com/cityofatlanticbeach.Floridahas a very broad public recordslaw.Most written communicationsto or from state and localofficialsand agencies regarding state or localbusiness are public recordsavailableto the public and media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. Page 5 of 5 «——~-_..m_«“._umw.a.ga..se.wx.mmw~gs=mm.uw~_a.“mmw.mwnmma¢mwmmw._.m.w.._...sn..c...,a...........Agenda Item #2.A.06 Jan 2022Page 76 of 268 Composite 4 11-4-21 Minutes Thursday,November 4,2021 at 11:50:15 Eastern Daylight’Time Subject:Registered Landscape Architect Declarationre:Tree Removal/Mitigation issue at 342 19th St (Code EnforcementCase No.21087) Date:Monday,October 25,2021 at 5:01:10 PM Eastern DaylightTime From:KarlJ.Sanders To:Amanda Askew CC:Angela Irizarry BCC:KarlJ.Sanders Attachments:image001.jpg,DECLARATlON(with Exhs)of Michael Miller RLAre Tree Removal& Mitigation.pdf Hey,Amanda.Nice speaking with you again today.As discussed,l’ve attached a copy of the Verified Written Declaration from the Registered Landscape Architect that my clients retained to review the circumstances surrounding removal of the subject trees from their residential property at 342 19”‘Street. As more fully set forth in that Declaration,our duly licensed Registered Landscape Architect has concluded that 15 of the 20 trees which were removed from the Bourdon Residence presented a danger to persons and/or property at the time of their removal;accordingly,per Section 163.045,Florida Statues,any local regulations requiring prior notice,application, approval,permit,fees or mitigation for their removal are expressly preempted by State law. Once you and your Staff have had an opportunity to review the attached Declaration,l kindly ask that you confirm the City willbe revising its initialTree Removal Calculations and corresponding mitigation assessment. Should you have any questions or wish to discuss further,please do not hesitate to contact me. Best regards, Karl ,I.‘'~”~’5‘-"’”£1:-H4 i{-'‘.-ff,‘/’‘r?\‘-23.,9,? -.gj . :4‘. fl Iv Karl J.Sanders,Esq. kjsanders@kjslawpa.com manic:-"ammwaw.m ammmmm«namm_w«.Amwv.mmust.‘-».y._.u.w....easm.m.n.t;-c.e,r.u('.n!<rz.nsawxrm-ss;..s..;.,w.t~,m~9....,I ...s.,a«.a-c..a...-...z:.s..-.=a.~,-a=..mn.=.:.-.—.:.....van mmwammw.msw wmwwmm%w.w.\www‘_m»~g. _904.868.7929 1 Office ..«>"LAV\[M561.386.1216 1 Mobile Page 1 of 1n»m@x;Agenda Item #2.A.06 Jan 2022Page 77 of 268 Composite 4 11-4-21 Minutes Thursday,November 4,2021 at 11:50:49 Eastern DaylightTime Subject:Re:Tree Removal/Permitissue at 342 19th Street (Bourdon Property) Date:Tuesday,July 6,2021 at 11:19:17 AM Eastern DaylightTime From:KarlJ.Sanders To:Askew,Amanda,Angela lrizarry BCC:KarlJ.Sanders Attachments:image0O1.jpg,imageO02.jpg,image003.jpg,image004.jpg Hey,Angela.i tried to call you last week,but your voicemailwas full ...ljust left a voicemail at your office a few minutes ago. Amanda and I spoke again last Monday,June 28,regarding the status of this matter.I advised her that Mr.Bourdon has retained a landscape architect to review the tree removal/mitigation issues,and he is currently reviewing the City's mitigation calculations and compiling a list/size of the trees that Mr.Bourdon preserved to determine whether he is entitled to any credits for same.We anticipate that he willhave completed his research/reviewwithin the next 7 —10 days,at which point we willresume/finalizediscussions with Amanda's team.1 In light of the fact that we are actively trying to resolve this issue (i.e.,the tree mitigation calculations),we were under the impression that the Code Enforcement hearing would be continued/deferredto the next scheduled hearing date so that we could finalize these discussions and,hopefully,avoid the need for any hearing.Additionally,l have a previously scheduled work commitmentthis week (Wednesday evening through Friday),and willnot even be in town this week for any hearing. Could you please confirm that this hearing will be continued/deferred,or otherwise let me know what additional information/documentationthat you need from me to confirm same’? Thanks so much,and please feel free to give me a call if you’d like to discuss further. Best regards, Karl //‘,,,~;-+.~'.~.~x-.+.:rr,‘<‘.’/‘-.‘;,3‘*,:%‘ i Hmi’[ Karl J.Sanders,Esq. kjsanders@l<jslawpa.com ix...From:AmandaAskew<aaskew@coab.us>Date:Tuesday,July 6,2021 at 10:46 AMTo:"lrizarry,Angela"<alrizarry@coab.us>Cc:"Kar|J.Sanders"<kjsanders@kjslawpa.com>Subject:FW:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property)Page 1 of 5.__.......__.__¢"*__¢~.mq.mm.mwm.w«mumwmamm.x.wmmm?mm_.$_h_,gmgummwYmmamw,_m,Agenda Item #2.A.06 Jan 2022Page 78 of 268 “Composite 11-4-21 Minutes Good morning Angela, You inquired about the status of this case since it is scheduled to go before the special magistrate on 7/8. I spoke with Mr.Sanders (attorney for property owner)on 6/9 about the tree permit removal process.We have not received any documents/request for this property since the email was sent below. l=l3.n}Askew,ll......‘.;..i" Sent:Wednesday,June 9,2021 4:07 PM To:‘KarlJ.Sanders‘ Cc:Genest,Abrielle (agenest@coab.us);lrizarry,Angela Subject:RE:Tree Removal/Permitissue at 342 19th Street (Bourdon Property) Attached you will?nd info.about the two permits (roof and remodel)for 342 19”‘ Street. To appeal staff's interpretation of Chapter 23 (i.e.,size,type and number oftrees)you would follow section 23-52(g)(2).We have not officially issued a draft permit.In order to appeal,the applicant has to do so within 5 business days ofthe written draft permit approval.We would issue a draft permit approval with conditions (conditions would be the replanting and/orpayment shown on the tree removal calculations form).Let us know if you want to go this route and we’ll issue you an official permit with conditions so that you can appeal. \ To seek a variance or reduction in the total trees to be mitigated you would use the waiver process.it is much like a variance process but instead of going to the Community Development Board it goes directly to City Commission.I have included the minutes and a PowerPoint from the last tree waiver the city conducted for you to review. From:Askew,AmandaSent:Wednesday,June 9,2021 10:34 AMTo:‘KarlJ.Sanders’Cc:lrizarry,AngelaSubject:RE:Tree Removal/Permitissue at 342 19th Street (Bourdon Property)How about 3pm today?Page 2 of 5gmmmaunyummruguagumaxvwm Agenda Item #2.A.06 Jan 2022Page 79 of 268 Composite 11-4-21 Minutes From:KarlJ.Sanders [mailto:l<jsanders(gi>_l_<jsl_a_v_vpa.com] Sent:Tuesday,June 8,2021 5:26 PM To:Askew,Amanda Cc:|rizarry,Angela Subject:Re:Tree Removal/Permitissue at 342 19th Street (Bourdon Property) Hey,Amanda.Thanks so much for the reply ...my schedule is pretty flexible tomorrow afternoon ...l‘m available from noon—4:OO(have to leave office for another meeting at 4:30). Let me know what works best for your during that timeframe and we'll get it scheduled/confirmed...I can either do a zoom call or “old school"conference call ... whichever you prefer. Also,I received an email from my client yesterday regarding another Code Enforcement Notice that he received (see attached).This notice states that the matter has been set for hearing on July 8?|’m assuming that Code Enforcement did not receive word that you and l have been communicating/attempting to schedule a time to discuss this matter (and, hopefully,resolve same). Ms.lrizarry ——I'd like to see if the noticed hearing willbe canceled or otherwise continued/held in abeyance until such time as Amanda and I have had a chance to try and work through these issues.Of course,if we are unable to come to a mutually agreeable resolutionof the issues,the hearing could be regarding-noticed for a future date.But,again,I'm hopeful that won’t be necessary.Please let me know your thoughts on this. Amanda —Just shoot me an email with a time that works best for you between noonand 4:00 tomorrow (and preference for either Zoom or Conference Call),and l’llsend you an invite to confirm same. Thanks again,and talk soon. Best regards, Karl Karl J.Sanders,Esq. L<J&_r1L:ler_s_@,l.<J'sl_amr2.a._c9_r_IJ. :3 If _ V 904.868.7929 |Office From:Amanda Askew<aaskew@coab.us>Date:Monday,June 7,2021 at 9:38 AMCc:“lrizarry,Angela"<aIrizarry_@coab.us>Subject:RE:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property)Page 3 of 5,..,...a .u~wmm,«.s4wm_.2.w.M«msa..a«a.e-;.wgm.e.»a,..w...w..,.u .,..u»m,»g5s.,..,—.,Agenda Item #2.A.06 Jan 2022Page 80 of 268 HCl3omposite4 11-4-21 Minutes Hey Karl, l’m looping in the code enforcement officer,so she knows you are communicating with us.I'll be happy to meet/zoom/confcall with you. I'm available: Tuesday (6/8)9am or 10am Wednesday open all day Thursday 2pm or 3pm 56;;at g;..‘a.i;1}n'5i'i£5f:’kj;;ia}lgEéiéiijéialv?éiéaisiWill)it " Sent:Friday,June 4,2021 4:59 PM To:Askew,Amanda Subject:Re:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Hey,Amanda.I left you a vm message just a little while ago and wanted to fo|low—upwith a quick email.I was hoping that we could schedule a date/time next week to discuss the status of this matter and potential options for resolving same.Please let me know what date(s)/time(s)might work best for you.Looking forward to it!Talk soon. Best regards, Karl Karl J.Sanders,Esq. *7“l_<jsanders@£J'§lawpa.con:1_ 904.868.7929 1 Office .3’LAW“561.386.1216 1 Mobile From:"KarlJ.Sanders"<l_<j5anders@_l<j;lawpa.com> Date:Thursday,May 20,2021 at 6:14 PM To:Amanda Askew<aaskew@coab.us> Subject:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) on May 6,but I just now saw that it's in my “Drafts"folder for some reason (l’m guessing imusthavehadacomputer/server issue and it rebooted before sending).At any rate,|’d like to see if we could schedule a time to discuss the status of the treeremoval/permit issue that my client (Tom Bourdon)has been trying to resolve with City StaffsinceAugustoflastyear.As we discussed a couple of weeks ago,Mr.Bourdon received aletterfromCodeEnforcementaboutthisissuelastmonth,and my understanding was thatthoseeffortswouldbeputonholduntilyouhadachancetoreviewthefileagainandre-Page 4 of 5 Agenda Item #2.A.06 Jan 2022Page 81 of 268 I Compositetl 11-4-21 Minutes familiarizeyourself with the issues so the two of us could discuss a potential resolution of same.That being said,Mr.Bourdon notified me that he received a certified-mailletter from Code Enforcement this week (see attached),so i wanted to reach out again and ensure that this matter (Code Enforcement Case No.21-087)was being held in abeyance,pending our efforts to see if we could work out a mutually agreeable solutionto those issues. For your ease of reference,l’ve attached a copy of both the tree mitigation proposal ($33,448.00)that the City previously sent to Mr.Bourdon,as well as the above—referenced Code Enforcement notice dated 05/10/21. Please let me know if my understanding of the status of this matter coincideswith yours (and if Code Enforcement has been advised of same).Assuming that we are in agreement on the status,let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirma date to meet/discuss in detail. Thanks again for your attention to this matter,and I look fon/vardto hearing from you again soon. Best regards, Karl 'A 3i_S‘904.868.7929 |Office LAWVN561.386.1216 l Mobile Karl J.Sanders,Esq. l_<jsanders@_l<jslawpa.com Want to receive City of AtlanticBeach news by email?Just say so in an email to im?o__@coab.us.Followthe City of Atlantic Beach on Facebook htttgl/www.facebook.com£jtyOfAt|anticBeach.Florida has a very broad PublicRecordsLaw.Most written communicationsto or from State and LocalOfficialsand agencies regarding State or Localbusiness are public recordsavailable to the public and media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. Want to receive City of AtlanticBeach news by email?Just say so in an email to info@coab.us.Followthe City of Atlantic Beach on Facebookhttps://www.facebool<.com/CityOfAtlanticBeach.Floridahas a very broad PublicRecordsLaw.Most written communicationsto or from State and LocalOfficialsand agencies regarding State or Localbusiness are public records available to the public and media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. Page 5 of 5......_._..._.___......m..--~.\._w .w~«mmw»mAmwummmmmww.a...see3..ea..¢wuuw.msmsmw:~«.=.mma$.~.e..».~.¢~c.mamn»Agenda Item #2.A.06 Jan 2022Page 82 of 268 Composite 4 11-4-21 Minutes Thursday,November 4,2021 at 11:50:59 Eastern DaylightTime Subject:Deferral/ContinuanceofCode EnforcementHearing re Case No.21-087 (Bourdon —342 19th St) Date:Thursday,July 8,2021 at 9:31:59 AM Eastern DaylightTime From:KarlJ.Sanders To:Angela lrizarry Angela —Thanks again for your agreement to a deferral/continuanceofthe July 8,2021 hearing date for my client's case.Per your instructions,1am providing you with the following statement/request for the Special Magistrate in connection with same: Code Enforcement hearing scheduled for July 8,2021,regarding the alleged violations of the City’s Tree Protection Ordinance.As per my discussionwith Ms Irizarry,I am unable to appear at the noticed hearing due to a scheduling conflict;namely,I have worlerelated commitments in South Florida this week that were scheduled back in April of this year,and I will be physically unable to appear at the hearing that the City noticed in June for this matter. That being said,I have been working with City staff since mid-April in an attempt to resolve the issues alleged in the subject citation,and I remain hopeful that we will be able to ?nd a mutually agreeable resolution of this matter in short order.If,however,those efforts prove unsuccessful,we will be prepared to move forward with a hearing on the merits at the next regularly scheduled code enforcement hearing date in September. I thank you in advance for your consideration of this request. Respectfully, Karl J.Sanders {logo Karl J.Sanders,Esq. % l El Ei il On behalf of my client,Mr.Thomas Bourdon,I respectfully request a deferral/continuance of the ii ll l l l lll t<is.a_n.d._ers.@,kislarv.r2.alr:_gm i 9.0AiB_6_8_.Z_9.Z_9.lOffice 5_6.l._3_8§_J..2.1_6_lMobile Page 1 of 1 Agenda Item #2.A.06 Jan 2022Page 83 of 268 Composite 4 1 l'l'I£t11-r§<}alI\,/Wollrtceen?ber4,zoziat11:51:09 Eastern Daylight Time Subject:Re:Deferral/ContinuanceofCode Enforcement Hearing re Case No.21-087 (Bourdon ~342 19th St) Date:Thursday,July 8,2021 at 1:07:31 PM Eastern DaylightTime From:KarlJ.Sanders To: C Irizarry,Ange|a BCC:KarlJ.Sanders Thanks,Angela.l’llbe in meetings all afternoon,but a colleague of mine (Zac Miller)will be attending the hearing today for another matter and offered to speak on,my behalf regarding the deferral request ifthe Special Magistrate happens to have any questions regarding same. Thanksagain,and talk soon. aawmmwm-m~wm nnsQ.mmWm~mwmmw.wmam.—...r,xm..-ea=m_......=_t¢.,.,,._,._w_,‘ Best regards, Karl ll<3Ei<3“l '4 Karl J.Sanders,Esq. :l5isa_r1der_s@.L<i§law.peL.,c_q_n1 EEQ l l a<2_4..,aea_.z9_2.a|Office‘IE_6:L3_8§.;l..2.i§.l Mobile On Jul 8,2021,at 9:41 AM,lrizarry,Angela<airizarry@coab.us>wrote: Thank you.I will present this to the Magistrate on your behalf today.FYl...Wedo stream these meetings so if you'd like to log in and watch,you can do so at www.coab..us.Just scroll down to the very bottom of the home page and click Live Stream. From:KarlJ.Sanders[mailto:l<jsanders@kjs|awpa.c0m] C H Sent:Thursday,July 8,2021 9:32 AM To:|rizarry,Angela <alrizarry@c0ab.us> Subject:Deferral/ContinuanceofCode Enforcement Hearing re Case No.21-087 (Bourdon - Angela -Thanks again for your agreement to a deferral/continuanceof the July 8,2021hearingdateformyclient's case.Per your instructions,I am providing you with the followingstatement/request for the Special Magistrate in connection with same:On behalf of my client,Mr.Thomas Bourdon,I respectfully request adeferral/continuance of the Code Enforcement hearing scheduled for July 8,2021,regarding the alleged violations of the City’s Tree Protection Ordinance.As per my Page 1 of 25IIaunumna-;a_<a»xnmmq»mmpsmu.uuueua«mu+.=s=ngwmmwu_—srv er ‘wag ,¢,,....,....,...._..,._,.:A s m....wmmwmmuwwamw-mmwmammwmnmmmmwwwmammm-um-.c,z.amcm=aawn~‘.u.~:...s....n..-.mr.»~.w<t«:m«ss-ww..xm Agenda Item #2.A.06 Jan 2022Page 84 of 268 Composite4 M I I I 11-4-21 Minutes discussion with Ms Irizarry,I am unable to appear at the noticed hearing due to a scheduling con?ict;namely,I have work-relatedcommitments in South Florida this week that were scheduled back in April of this year,and I will be physically unable to appear at the hearing that the City noticed in June for this matter. That being said,I have been working with City staff since mid-April in an attempt to resolve the issues alleged in the subject citation,and I remain hopeful that we will be able to ?nd a mutually agreeable resolutionof this matter in short order.If,however, those efforts prove unsuccessful,we will be prepared to move forward with a hearing on the merits at the next regularly scheduled code enforcement hearing date in September. I thank you in advance for your considerationof this request. Respectfully, Karl J.Sanders ,..._.._.._._.-.....__..___ {logo 1 Karl J.Sanders,Esq. kjsanders@kjs|awpa.com 9045537929]Of?ce §61,3§6,1216|Mobile Want to receive City of AtlanticBeachnews by email?Just say so in an email to info@coab.us. Followthe City of AtlanticBeach on Facebookhttps://www.facebook.com/CityOfAtlanticBeach. Floridahas a very broad PublicRecordsLaw.Most written communicationsto or from State and LocalOfficialsand agencies regarding State or Localbusiness are public recordsavailableto the publicand media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. Page 2 of 2 Nv-clan-?n“«mm.«..«,..s..-,....as“.A“*‘"~—-—~———-——~—~——~——-———»«--«——<——~—~mx:—.~n.»..m.....7«.Agenda Item #2.A.06 Jan 2022Page 85 of 268 Wéomposite4 11-4-21 Minutes Thursday,November 4,2021 at 11:51:26 Eastern Daylight Time Subject:Re:Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No.21-087) Date:Wednesday,August 18,2021 at 12:45:45 PM Eastern DaylightTime From:KarlJ.Sanders To:|rizarry,Ange|a CC:Amanda Askew BCC:KarlJ.Sanders Attachments:image0O1.jpg,imageOO2.jpg Hey,Angela.l’ve been out of town and "offthe grid”for the past few weeks dealing with family stuff ...my father,who lived in Phoenix,was discharged to hospice care the last week of July and passed away 2 weeks ago.ljust got back to Jax late Sunday night and have been playing catch up at the office this week. I reached out to our landscape architect this morning to schedule a call for a status update on his findings/report,and I expect that we willhave a confirmed date/time to speak before the end of this week.I willcircle back with you and Amanda with a status update after l’ve spoken with him. Thanks,and talk soon. Best regards, Karl Karl J.Sanders,Esq. kjsanders@kjslawpa.comES1 l 904.868.7929 |Office 561.386.1216 [Mobile From:Angela lrizarry <alrizarry@coab.us> Date:Wednesday,August 18,2021 at 10:56 AM To:KarlSanders <kjsanders@kjslawpa.com> Subject:RE:Status Update re Tree Removal/Mitigation issue for 342 19th St (Code Enforcement Case Karl,Good morning.lwanted_to check in with you on the status of the arborist report and let you know that wehavenotseenanythingfromyourlandscapearchitectyet.Can you tell me where you are on this?From:KarlJ.Sanders[mallto:kjsanders@l<jslawpa.com]Sent:Friday,July 23,2021 4:33 PMTo:Askew,Amanda <aaskew@coab.us>Page 1 of2sammaw,amuemmmm@wm s.mmw Agenda Item #2.A.06 Jan 2022Page 86 of 268 Composite4 11-4-21 Minutes Cc:lrizarry,Angela<alrizarry@coab.us> Subject:Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No.21-087) Hey,Amanda;Just wanted to send you a quick status update on this matter.As we last discussed a couple of weeks ago,my client and l have been working with a local landscape architect in connection with evaluating/identifying (1)the trees that were removed due to their status as posing a danger to persons or property,per Section 163.045,Fla.Stat.,(2)the size/type of trees that were preserved,and (3)the resulting mitigation assessment (including associated credits for both the preserved trees and those which were identified as posing a danger). At this point,we have identified 43 trees that were preserved on—siteand appear to meet the City's minimum size for preservation credits.Our landscape architect is finalizing his review and analysis,and i expect to have a detailed report/proposal from him in short order.Once l have that information,i will promptly forward it to you for the City's review and consideration, and we can continue/finalize our discussions regarding a potential resolution of these issues and what additional steps,if any,need to be taken in order to close out this file. As always,i appreciate your time and assistance in trying to work through these issues,and i look fon/vardto speaking with you again soon.Have a great weekend! Best regards, Karl .,Karl J;Sanders,Esq. _lgjsanders@_l_<js|awpa.com i‘f 904.868.7929 |Office LAW,&561.386.1216 1 Mobile Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us.Followthe City ofAtlantic Beach on Facebook https://www.facebook.com/CityOfAtlanttcBeach.Florida has a very broad PublicRecords Law.Most written communications to or from State and LocalOfficialsand agencies regarding State or Localbusiness are public records available to the public and media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. Page 2 of 2,my ..m—..-,4-a .m -.,,.»,..w...4.s.uuwnmmw:Nnam«nm»«mnmm.mm»mmwu.wna~«mam,<uuma«..mumw~wone-lanes“..Agenda Item #2.A.06 Jan 2022Page 87 of 268 Composite 4 11-4-21 Minutes Thursday,November 4,2021 at 11:51:36 Eastern Daylight Time Subject:Re:Status Update re Tree Removal/Mitigation issue for 342 19th St (Code Enforcement Case No.21087) Date:Wednesday,September 1,2021 at 5:30:05 PM Eastern DaylightTime From:KarlJ.Sanders To:lrizarry,Ange|a CC:AmandaAskew BCC:KarlJ.Sanders Attachments:image001.jpg,imageO02.jpg,image003.jpg,CE --ABTree RemovalCalcsinventory site plan .pdf,CE --RLATree Removal8:Preservation Calcs inventory site plan .pdf Hey,Angela.As discussed,my client’s landscape architect has completed his review/analysis of the removed trees and mitigation issues for Mr.Bourdon,and it appears that the City’s initialmitigation calculations failed to account for the on-site tree preservation credit towards the assessed mitigation for the removed trees.Bottom line is that Mr.Bourdon preserved a total of 42 trees on-site that were 3"DBHor greater,resulting in a total of 433"inches of credit that is available to be used to offset the assessed mitigation number that the City calculated (i.e.,266”)and thereby satisfying the City's proposed mitigation number. Per your request,l’m providingyou with a summary of his findings now so that you willhave that informationavailable to share with the Special Magistrate and confirm that we have now secured and forwarded those findings to the City.Once Amanda returns back to the office (my understanding is that she's out of town this week at a work conference),I will circle back with her to discuss both the findings and next steps (if any). Lastly,as l have previously represented to both you and Angela,our agreement to make a good-faith effort to seek a mutually agreeable resolution of these issues does not mean that my client has admitted to the alleged code enforcement violationthat is now pending before the Special Magistrate;rather,we expressly reserved our right to challenge the alleged violation,in the event that the parties were not able to come to an agreement on the proposed mitigation numbers.Again,once Angela returns and has an opportunity to review our findings,we will be able to resume those discussions and,hopefully,put this matter to rest. in the meantime,here’s a summary of our landscape architect’sfindings.Additionally,as backup —and for your ease of reference —I've also attached pdf copies of both the City's initialcalculations (with site plan of removed trees and inventory)and our architect’s findings (with site plan of preserved trees and inventory): _C_ityTree Removal Calculations b2.“existing onsite trees that are 3 inches DBHor greater and which are neitherprotectednortransplantedmaybeutilizedascredittowardstheassessedmitigation...if preserved onsite)3.City’s MitigationAssessment =226"in new plantings or Tree Fund payment($148/inch)of $33,448LandscapeArchitectCalculations1.20 trees removed (total 226")2.15 trees presented danger to persons or property (total 176"),per Section 163.045,Page 1 of 4 Agenda Item #2.A.06 Jan 2022Page 88 of 268 9 ‘Composite4 11-4-21 Minutes Fla.Stat.,and therefore not subject to local permitting/mitigationregulations 3.5 trees did NOT present danger to persons or property (total of 50”),and therefore are subject to local permitting/mitigationregulations 4.Landscape Architect's Mitigation Assessment =50"in new plantings or Tree Fund payment ($148/inch)of $7,400 Mitigation Credit for Preserved Trees 1.42 trees preserved onsite that are 3 inches DBHor greater 2.Total DBHof the 42 preserved trees =433" Mitigation Required for Removed Trees =NONE 1.Tree PreservationCredit -City's Tree Removal Calculations):433'"preserved minus 226"required =207"surplus 2.Tree Preservation Credit -Landscape Architect’s Tree Removal Calculations):433” preserved minus 50”required =383”surplus Thanks again,and just let me know if you have any questions.l’llbe sure to keep you posted with updates on my discussions with Amanda and her staff next week.Talk soon. Best regards, Karl .—<??::.'<3:—:.r4.'$<Karl J.Sanders,Esq./ 'kjsanders@kjs|awpa.com i ‘904.868.7929 |Office »=561.386.1216 |Mobile ~AL..u.. r F \. .-....-................_._.m.,............t-..._......-.............................a,...~..._—...............t xaauza ..—..4.4-........,..4....v.s...m.~.;.‘-...........-...»m,.....~............-.......a..,...._.............a—a-..............¢...........m .~..~..»..-... From:KarlSanders <kjsanders@kjslawpa.com> ,Date:Wednesday,August 18,2021 at 12:45 PM To:Angela lrizarry <alrizarry@coab.us> Cc:Amanda Askew<aaskew@coab.us> Subject:Re:Status Update re Tree Removal/Mitigation issue for 342 19th St (Code Enforcement Case No.21-087) and passed away 2 weeks ago.ljust got back to Jax late Sunday night and have beenplayingcatchupattheofficethisweek.I reached out to our landscape architect this morning to schedule a call for a status update onhisfindings/report,and I expect that we will have a confirmed date/time to speak before theendofthisweek.l will circle back with you and Amanda with a status update after l’vespokenwithhim.Page 2 of 4 Agenda Item #2.A.06 Jan 2022Page 89 of 268 A comp§sat¢4 11-4-21 Minutes Thanks,and talk soon. Best regards, Karl I ‘ 7a I 1 '904.868.7929 (Office 561.386.1216 I Mobile Karl J.Sanders,Esq. kjsanders@kjs|awpa.com n:u ../ ...,.....—.-..............,.&...—._......«.....-.u ~-4.~..mn~.«.-.+.e~.~.—o..._....“.~h..............,_....,._1.,..,m....._.=«..-,........\=.~....—..,,.._,m........t..,...................-...............».,..—_—m-..-.-—._.....——q-_...~.,..........._............ From:Angela lrizarry <alrizarry@coab.us> Date:Wednesday,August 18,2021 at 10:56 AM To:KarlSanders <kjsanders@kjslawpa.com> Subject:RE:Status Update re Tree Removal/Mitigation issue for 342 19th St (Code Enforcement Case No.21-087) Karl, Good morning.i wanted to check in with you on the status of the arborist report and let you know that we have not seen anything from your landscape architect yet.Can you tell me where you are on this? KarlJ.sanders[mailto:kjsanders@kjslawpa.com]I M Sent:Friday,July 23,2021 4:33 PM To:Askew,Amanda <aaskew@coab.us> Cc:lrizarry,Angela<alrizarry@coab.us> Subject:Status Update re Tree Removal/Mitigation issue for 342 19th St (Code Enforcement Case No.21-087) Hey,Amanda.Just wanted to send you a quick status update on this matter.As we last discussed a couple of weeks ago,my client and I have been working with a local landscape architect in connection with evaluating/iden_tifying(1)the trees that were removed due to their status as posing a danger to persons or property,per Section 163.045,Fla.Stat.,(2)the size/type of trees that were preserved,and (3)the resulting mitigation assessment (including associated credits for both the preserved trees and those which were identified as posing a dangen. and analysis,and i expect to have a detailed report/proposal from him in short order.Once Ihavethatinformation,I will promptly forward it to you for the City's review and consideration,and we can continue/finalize our discussions regarding a potential resolution of these issuesandwhatadditionalsteps,if any,need to be taken in order to close out this file.As always,I appreciate your time and assistance in trying to work through these issues,and Ilookfon/vardto speaking with you again soon.Have a great weekend!Page 3 of 4w«mwmmmmmmm=mamm.a vnu=«',5“,,1 W ,...mwra;suwnm m A .«:mmz.=sa:m-=vm.a=mrm:m-~um.‘uxu.~m.m..r-—.,..aagm.m=_.,.W ,Q ,.,,,.s .-xcnav was a.s.~vuanundr {nu-1::,wmn~mas==:m.<mm«=:~umWwqummwuw.za.v.a.wmmqu.»au,~ns«w»»«eu.s.=..s..s~.,sm~—.u—ps»s.u«u..c~s.e-;u.‘..._...»..m..a...s¢g.Agenda Item #2.A.06 Jan 2022Page 90 of 268 lC‘llompositel461 11-4-21 Minutes Best regards, Karl ..1:4:_'r_t Karl J.Sanders,Esq. it l_<jsanders@_l<jslawpa.com i : 904.868.7929 I Office .--9“561.386.1216 l Mobile Want to receive City of Atlantic Beach news by email?Just say so in an emailto info@coab.us..Followthe City of AtlanticBeachon Facebookhttps://www.facebook.com/CityOfAtlanticBeach.Florida has a very broad PublicRecords Law.Most written communicationsto or from State and LocalOfficialsand agencies regarding State or Localbusiness are public records available to the public and media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. Page 4 of 4 v———————-—~—T———-._——-..........._..........m.....¢..r...,..c.§....g.....¢_:,=m..=«z.:....ma.-=.u~.:sm..«o..«.m;..‘7..z—mu...f...?.«««:t..x.mmmym-wmw.p..4..;.».«...._..—s..;.m..»_.m.,.a«g~«..‘w._.V...,>Agenda Item #2.A.06 Jan 2022Page 91 of 268 Icnliornipioisite22 11-4-21 Minutes A ‘amt ~:r——.-_:_—::.—i:e-.-n-,—,-..v.-.-::::-_:.r—:z:::r--~rr.:—.-.-:.-.--—v_.—_—:~_-—.~,—‘..._I.........-.,._‘_.._._..,__ City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach,Florida 32233-5445 Phone:(904)247-5826 Fax:(904)247~5845 Email:Building-Dept@coab.us :5 :3;Permit:TREE20~0034 Applicant:Thomas Bourdon ; Address:3iiSiteAddress:342 19”‘Street Phone: "RE#:Email: E;TREE REMOVAL CALCULATIONS i it REMOVED Legacy (non-oak)Legacy (oak)Oaks Palms Others Total ProtectedTrees Removed:24 0 .0 130 72 226 ; ‘ MitigationNeeded:24 0 ‘0 130 72 226 I '5 , 'Trees Removed:24"Hickory;3",9",11",2-14“,16”Trees;8",9”,8-10",3.1 l”Palms g E EgMITIGATIONLegacy(non-oak)Legacy (oak)Oaks Palms Others Total 1: Credit for Trees Preserved:0 0 0 0 0 0 3 §Credit for Trees Relocated:0 o o o o o g Credit for Trees Planted:0 0 0 0 0 0 Total:0 0 0 0 0 0 ‘Trees Preserved:None for credit (trees 3”-5”diameter). Trees Relacated:None for credit. E Trees Planted:None for credit. *PlantedLegacy Tree species receive DOUBLE credit when replacing non-Legacy Trees.The Legacy Tree list includesBald 1 Cypress;Southern and Eastern Red Cedars;Winged and Florida Elms;Live and Sand Live Oaks;Hickory;Pecan;Pignut i Hickory;Loblolly Bay;Southern and Sweetbay Magnolias;Red and Florida Maples;and Tupelo.i ADDITIONAL MITIGATION REQUIRED(Mitigation Needed ~-Total) "inn-%'A —s-.r 3 Legacy (non-oak)Legacy (oak)Oaks Palms Others TotalENewTreesPlanted:0 0 0 0 0 226 i orEPaymentIntoTreeFund**:$0.00 $0.00 $0.00 $0.00 $0.00 $33,448.00 ii ‘5 or ‘ i A Combinationof the Abovc****At least 50%of mitigation must be onsite. i Status is in accordancewith the City of AtlanticBeach code of ordinancesin effect at the time of applicationsubrnittal.APPROVED [:1DENIEDE]TPO ADMINISTRATOR DATE.T—’ri'Yv‘!e‘.'.%73Tz#)T“>‘-‘3i’.7-T»"r‘a-7J:'A’.75$«?Yf51$-W!$'»€!‘\’»t1!§"R€7);€’:LT?1'3.5€V€1713‘:?32¢'3T—?1757*:§S1:‘?;<Lf???53'?'?;':C~rv W:-..:-3:.-3-3..........n‘r:.r=.-'.—-,i—i:i..m-.....1 \1'.51-.-J:-.-.:.m.~«.v.-z-.*:::v:15v:«.-era,-1.:-.-=r:;:—v.-.t:...Agenda Item #2.A.06 Jan 2022Page 92 of 268 it 'agnapoate42 11-4-21 Minutes EXHIBIT C:TREE MITIGATIONWORKSHEET City of Atlantic Beach Community Development Department 800 SeminoleRoad Atlantic Beach,FL32233 (P)904-247-5800 PERMlTii FOR INTERNALOFFICEUSEONLY List the species and diameter at breast height (dbh)of all trees identified on EXHlBlTB so DBH SPECIES l "X":WI‘."0"?COMMENTSremovingpreservingreplacing 1 10"Palm 1 G i 2 24"Hickory 0 "Legacy Tree"(Sec.23-33(i)(2)(c).ABOrd.Code) U1 -7‘U913CL._.._ 1111 F’'702TREEREMOVAL-EXHIBITC:TreeMitigation Worksheet03.0 7.2018 Tw —$7v7wwR :4m$~<wc_anr Iwemmuamw -mm nmummmwa ~—..uc-/..A w wwm-u»«mmem Agenda Item #2.A.06 Jan 2022Page 93 of 268 _GL1//./A5 Composite 4 11-4-21 Minutes \‘\/9'50/.56 l .—avgauu;-AA-saw:, Tree #1: Tree #2: Tree #3: Tree #4: Tree #5: Tree #6: Tree #7: Tree #8: Tree #9: Tree #10: Tree #11: Tree #12: Tree #13:» Tree #14: Tree #15: Tree #16: Tree #17: Tree #18: Tree #19: Tree #20: 10"Palm 24"Hickory 11"Tree 16”Tree 11"Palm 10"Palm 10"Palm 10"Palm 9"Palm 11"Palm 9"Tree 10"Palm 11"Palm 10"Palm 10"Palm 8"Palm 14"Tree 8"Tree 14"Tree 10"Palm Agenda Item #2.A.06 Jan 2022Page 94 of 268 I Composite 4 11-4-21 Minutes EXHIBIT C:TREE MITIGATION WORKSHEET City of Atlantic Beach Community Development Department 800 Seminole Road AtlanticBeach,FL32233 Landscape Architect's (p)904.247.5300 Calculations (Removed Trees) Listthe species and diameter at breast height (dbh)of all trees identifiedon EXHIBITB mmwmwwwmmmmgmmwmmmmwmwm?mwyuwwwwgww "X":"[]"=Sec.153.045..COMMENTS removing preserving PreemptionDBHSPECIES 10"I O 24” 11" 16” 11" 10!! 10H 10" 9" 11» 9" 1Oil 11" 10” TotalDBHbased on the 5 removed trees that did notpresentdangertopersons/property (163045,Fla.Slal.)02 TREEREMOVAL-EXHIBITC:TreeMitigation Worksheet03.01.2018 Agenda Item #2.A.06 Jan 2022Page 95 of 268 Composite 4 11-4-21 Minutes Tree #1: Tree #2: Tree #3: Tree #4: Tree #5: Tree #6: Tree #7: Tree #8: Tree #9‘ PRESERVEDTREES 11"Palm Tree #21: 5"palm Tree #22: 23"other Tree #23: 95"other Tree #24: 10"other Tree #25: 8"other Tree #26: 8.5”Other Tree #27: 9"other Tree #28: .10"Other Tree #29: Tree #10:7.5"Other Tree #30: Tree #11:8”Other Tree #313 Tree #12:11"Other TTEE332‘- Tree #13:10"Other Tree #33: Tree #14:10"Palm Tree #34: Tree #152 12.5"Palm Tree #35! Tree #16:14"Other Tfee #351 Tree #17:8”Other Tree #371 Tree #18:5"Other Tree #38: Tree #19:11"Palm Tree #39: Tree #20:12.5"Palm Tree #40: Tree #41: Tree #42: Tree #43: 13"Palm 13"Other 12"Palm 10"Other 12"Palm 11"Palm 8"Other 6"Other 9"Palm 2"Other 3.5 ”Other 3.5"Other 12"Palm 12"Palm 12"Palm 13"Other 11"Palm 11.5"Palm I 12 Palm” 9.5”Palm 12.5”Palm 11"Palm 11"Palm 342 19th St.,AtlanticBeach Agenda Item #2.A.06 Jan 2022Page 96 of 268 Listthe species and diameter at breast height (dbh)of all trees identifiedon EXHlBlTB (P)904-247~5800 Composite»1 11-4-21 Minutes EXHIBIT C:TREE MITIGATION WORKSHEET City of Atlantic Beach Community Development Department 800 SeminoleRoad AtlanticBeach,FL32233 PRESERVEDTREEINVENTORY .0 DBH species ‘mggggngpr;';;;v=mgre;g';ng COMMENTS(forbyCityStaff) 1 11"Palm 0 2 5”Palm 0 l 3 23"Oak 0 4 9.5"Sweetgum I 5 10"Sweetgum I O 6 8"Sweetgum A O 7 8.5”Sweetgum O t ,J 8 9”Sweetgum O 9 10"Sweetgum O 10 A 7.5"Sweetgum O 11 8"Sweetgum O 12 J11"Sweetgum I 13 10"Sweetgum O 14 10"Palm I I 15 12.5"Palm 0 L16 14"1Sweelgum 0 17 8"rsweelbayMagnolia DJ 18 6".Sweetbay Magnolia O 19 I 11"Palm 0 21 13"Palm 02213"Sweetgum OI2312"Palm 02410"Sweetgum O_25 12"Palm I O02TREEREMOVAL-EXHIBITC:TreeMitigation Worksheet03.01.2018 ___.__._.:,.~.._...-._#_m:_*“_m"mw& x?mwwamm»=.a...5—a~.u.¢a.m<.Nm...u=m.«J.~»a.x_.w_=...mmm.._..B......,...=m*_...»...-,.~.a Agenda Item #2.A.06 Jan 2022Page 97 of 268 Composite4 I I 11-4-21 Minutes EXHIBIT C:TREE MITIGATION WORKSHEET City of Atlantic Beach Community Development Department 800 SeminoleRoad AtlanticBeach,FL32233 (P)9O4_247_580O PRESERVEDTREEINVENTORY Listthe species and diameter at breast height (dbh)ofall trees identifiedon EXHIBITB IIXli=ll[]l|=non: removing preserving replacing COMMENTS(for use by my Staff) ID DBH SPECIES 26 Q 27 l 28 Oak 29 Palm I L 30 3.5" J Sweetbay Magnolia ““*‘*—~—~*Mr—»-w~mmmmmmmwmm« «Tw,ww@w TF 12"J Palm 12"Palm 12"Palm 9 O O O 31 3.5"Sweeibay Magnolia ’ O I 0 O O13"Oak ~»— 11" I 11.5" 12}! J O O O 9.5"O O O O 02 TREEREMOVAL-EXHIBITC:TreeMitigation Worksheet03.01.2018 Agenda Item #2.A.06 Jan 2022Page 98 of 268 11-4-21 Minutes Thursday,November 4,2021 at 11:52:31 Eastern Daylight Time Subject:Re:Magistrates Order Date: From:KarlJ.Sanders To:lrizarry,Angela Attachments:image001.jpg Thanks,Angela. Best regards, Karl Karl J.Sanders,Esq. l<jsanders@kjslawpa.com ’904.868.7929 1 Office 561.386.1216 1 Mobile From:Angela Irizarry <alrizarry@coab.us> Date:Wednesday,September 1,2021 at 4:47 PM To:KarlSanders <kjsanders@kjslawpa.com> Subject:Magistrates Order Per your request here is the order from July. Angela Irizarry Angela Irizarry,Code Enforcement Officer City of Atlantic Beach 800 Seminole Road Atlantic Beach,FL 32233 O:(904)247-5855 Wednesday,September 1,2021 at 5:40:48 PM Eastern DaylightTime Florida has a very broad Public Records Law.Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us.Followthe CityofAtlanticBeachonFacebookhttps://www.facebook.com/CityOfAtlanticBeach.Florida has a very broadPublicRecordsLaw.Most written communicationsto or from State and LocalOfficialsand agencies regardingStateorLocalbusinessarepublicrecordsavailabletothepublicandmediauponrequest.Your emailcommunications,including your email address,may therefore be subject to public disclosure.Page 1 of 1 Agenda Item #2.A.06 Jan 2022Page 99 of 268 1 Composite4‘ 11-4-21 Minutes Thursday,November 4,2021 at 11:52:40 Eastern DaylightTime Subject:Re:Magistrates Order Date:Wednesday,September 29,2021 at 5:00:25 PM Eastern DaylightTime From:KarlJ.Sanders CC:AmandaAskew Attachments:image001.jpg,image0O2.jpg,imageOO3.jpg Hey,Angela.I never receiveda reply to this email,so i thought l’d follow-up with a reminder email. 1.Who prepares the draft Code EnforcementOrders for the Special Magistrate’s review/signature? 2.Were draft Orders from the last meeting prepared or circulatedfor review? 3.is there a final (signed)Order from the Special Magistrate regarding her directives concerning my client’s matter at the last meeting? i i i iE To:lrizarry,Angela Z V ltE i i l i Thanks so much. Best regards, Karl Karl J.Sanders,Esq. kjsanders@l<jslawpa.com 904.868.7929i Office 561.386.1216|Mobile ...—...~....s.m we.......a.,....................m....._..,t...yw.........m-...._..‘-....«e-....=_~..., From:KarlSanders <kjsanders@kjslawpa.com> Date:Thursday,September 9,2021 at 6:12 PM To:Angela lrizarry <alrizarry@coab.us> Cc:AmandaAskew<aaskew@coab.us> Subject:Re:Magistrates Order Angela —i just wanted to follow-up with you on the status of the Special Magistrate's verbal last week.i spoke with Amandaregarding the finalized/signed,as it typicallytakes a week or sotoensurethatCodeEnforcement(or someone else from the City)is planning to email a copyofthatOrdertomeassoonasit’s signed/issued.l’m assuming that Code Enforcementprepares the draft orders for the Special Magistratesreview/signature ...if that's not the case,please let me know who it is that I need to contacttoensurethatIreceiveacopyoftheOrderassoonastheCityisinreceiptofsame.Thankyou.Page 1 of 3 Agenda Item #2.A.06 Jan 2022Page 100 of 268 Composite4 5 11-4-21 Minutes Best regards, Karl Karl J.Sanders,Esq. lE iE 1 3 i 1E "kjsanders@kjs|awpa.com E 3 i 1 » 1E 1 7 l l ‘904.868.7929 1 Office LAWA 561.386.1216 1 Mobile From:KarlSanders <kjsanders@kjs|awpa.com> Date:Wednesday,September 1,2021 at 5:40 PM To:Angela Irizarry <alrizarry@coab.us> Subject:Re:Magistrates Order Thanks,Angela. Best regards, Karl Karl J.Sanders,Esq. kjsanclers@kjslawpa.com1S7904.868.7929 1 Office LAWA561.386.1216 1 Mobile From:Angela Irizarry <alrizarry@coab.us> Date:Wednesday,September 1,2021 at 4:47 PM To:KarlSanders <l<jsanders@kjslawpa.com> Subject:Magistrates Order Per your request here is the order from July. Angela Irizarry,Code Enforcement Of?cerCityofAtlanticBeach800SeminoleRoadAtlanticBeach,FL 32233O:(904)247-5855Floridahasaverybroad Public Records Law.Most written communications to or from State and LocalOfficialsandagenciesregardingStateorLocalbusinessarepublicrecordsavailabletothepublicand Page 2 of 3 Agenda Item #2.A.06 Jan 2022Page 101 of 268 dcomposite4 1‘ 11-4-21 Minutes media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us.Followthe City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach.Floridahas a very broad Public RecordsLaw.Most written communicationsto or from State and LocalOfficialsand agencies regarding State or Localbusiness are public records available to the public and media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. w4 ea.-..,_.:,....,?,§.,_i>~.~»w.eawm.:.a.oa»,s.—uam.a;.-.;x¢.~,».mtw.¢...m»u:m~_.m.¢m.ms=maswm«_.~«a.m~.s_,?».nuusnR.nnawmaa_w.,»wmwsr vi.-.,.,Page 3 of 3 Agenda Item #2.A.06 Jan 2022Page 102 of 268 Composite 4 11-4-21 Minutes Thursday,November4,2021 at 11:53:37 Eastern Daylight Time ____*__. Subject:RE:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Date:Wednesday,June 9,2021 at 10:34:08 AM Eastern DaylightTime From:Askew,Amanda To:KarlJ.Sanders CC:lrizarry,Angela Attachments:image004.jpg,image005.jpg,imageO06.jpg How about 3pm today? From:l<ar|J.Sanders[mailto:l<jsanders@kjslawpa.com]” Sent:Tuesday,June 8,2021 5:26 PM To:Askew,Amanda Cc:Irizarry,AngeIa Subject:Re:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Hey,Amanda.Thanks so much for the reply ...my schedule is pretty flexible tomorrow afternoon ...I'm available from noon—4:OO(have to leave office for another meeting at 4:30). Let me know what works best for your during that timeframe and we’|l get it scheduled/confirmed...I can either do a zoom call or “old school”conference call ... whichever you prefer. Also,I received an email from my client yesterday regarding another Code Enforcement Notice that he received (see attached).This notice states that the matter has been set for hearing on July 8?l’m assuming that Code Enforcement did not receive word that you and I have been communicating/attempting to schedule a time to discuss this matter (and, hopefully,resolve same). Ms.Irizarry —I'd like to see if the noticed hearing willbe canceled or otherwise continued/held in abeyance until such time as Amanda and I have had a chance to try and work through these issues.Of course,if we are unable to come to a mutually agreeable resolution of the issues,the hearing could be regarding~noticedfor a future date.But,again,I'm hopeful that won’t be necessary.Please let me know your thoughts on this. Amanda —-Just shoot me an email with a time that works best for you between noon and 4:00 tomorrow (and preference for either Zoom or Conference Call),and l’IIsend you an invite to confirm same. soon.) Best regards,Karl Page 1 of 3 Agenda Item #2.A.06 Jan 2022Page 103 of 268 Composite 4 11-4-21 Minutes Thursday,November 4,2021 at 11:53:50 Eastern Daylight Time Subject:FW:Tree Removal/Permitissue at 342 19th Street (Bourdon Property) Date:Monday,June 28,2021 at 5:02:58 PM Eastern DaylightTime From:Askew,Amanda To:KarlJ.Sanders Attachments:image001.jpg,image002.jpg,image003.jpg,342 19TH ST RES20-0226_2.pdf,342 19th St Permit Application—roof.pdf,07-09-18 Commission Minutes.pdf,July 9 Waiver Update (002).pdf From:Askew,Amanda Sent:Wednesday,June 9,2021 4:07 PM To:'KarlJ.Sanders’ Cc:Genest,Abrielie(agenest@coab.us);|rizarry,Angela Subject:RE:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) ~—v.._«_.___._.._-w1wr§ Dnw?i¢§Ax mx xx;-4rF«l1rrv-vu-:>s4u-v-§>—<x;-gnqcauvrp-—e-cxw Attachedyou willfind info.about the two permits (roof and remodel)for 342 19”‘ Street. To appeal staff's interpretation of Chapter 23 (i.e.,size,type and number of trees)you would follow section 23—52(g)(2).We have not officially issued a draft permit.in order to appeal,the applicant has to do so within 5 business days ofthe written draft permit approval.We would issue a draft permit approval with conditions (conditions would be the replanting and/orpayment shown on the tree removal calculations form).Let us know if you want to go this route and we'll issue you an official permit with conditions so that you can appeal. To seek a variance or reduction in the total trees to be mitigated you would use the waiver process.it is much like a variance process but instead of going to the Community Development Board it goes directly to City Commission.I have included the minutes and a PowerPoint from the last tree waiver thelcityconducted for you to AmandaSent:Wednesday,June 9,2021 10:34 AMTo:‘KarlJ.Sanders‘Cc:lri2arry,AngelaSubject:RE:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property)How about 3pm today?Page 1 of4 Agenda Item #2.A.06 Jan 2022Page 104 of 268 composite4 “'4‘21Mi2i*5ECQPVRECEIVED A A‘K,REVIEWEDFOR LayToniGlncllespéfger-‘sl‘4;{'i5}3n5}A=AugAi8,2020] City of Atlantic Beach Building Department CODE "AILINFORMATION A »300 Seminole Road,Atlantic Beach,FL3223 §?“§§2LgAN°E HIGHUGHTEDIN GRAY Phone:(904)247-5826 Email:74¢‘5 “E““‘“E“' job Address;a421smeueAet,AtlanticBeach,FL32233 permit Number,RESZO-0226 Legal Description 36454o9.-2s-29EsELvAMARINAUAANlTl2-A.LOT5 R3;['2 '2 026)~)2?! A Valuation of'Work (Replacement Cost)5 I 28,000 Heated/CooledSF ___..Non-Heated/Cooled o Classof Work:!New l3Additlon BAlteration ERepair ElMove Demo lZlPool Bwindow/Door 0 Use of existing/proposed structure(s):Commercial !Residential -Ifan existing structure,is a fire sprinkler system installed?:EJYes ElNo Willtree5 be removedinassociation with -roosed ro‘ect?Yes mustsubmiteearateATreeRemoval Permit Describein detail the type of work to be performed: Updated Floors,Kitchen,Bathrooms,Roof,Windows,Landscaping,Painting,Wa'll Removal FloridaProduct Approval#for multiple products use product approval form Prog emOwner Information Name Tl1omasA8ourdon A A Address 34219thStreet AA city Allan1lcABeech stage FL Zip 32233 phone :srsoA-3744941. E_Me;|tompourdon7@§ma,ll.com A A Owner or Agent (If Agent,Power of Attorneyor Agency Letter Required)°W"9' Contractor Information Nameof Company J“P“?¢°“5'U6"°“'nc;QualifyingAgent ,\&_zs‘527Ka£/ztsj A A Ad'dre5-5339od_o_msMmBlvd.A city Ponle vegrjaBeach state IAFL A zipazoaz A Of?ce Phone 904-559-5392‘.'. I JobSite Contact Number,2Aoy_Q03 ,5,L?3,, State Certi?cation/Registration 11¢IQ (S 2:‘(7914.Z E-MaillaXPf°1@nmall-mm A Architect Name 8:Phone #. Engineers Name 8:Phone it 7 AA A A I WorkersCompensation Insurer OR Exempt H Expiration Date 3 'I _ agtgmcatlonishereby made to obtain a permit to do the work and installationsas indicated.I certify that no work or Installationhas construction in this jurisdiction.I understand that a Separate permit must be secured for ELE ~.‘—;::f~.,.«5!)! uh OWNER’SAFFlDAVll':I certify that all the foregoing informationIs accurate and that all work will be done in compliance with all applicablelaws regulating constructionand zoning. WARNINGTO OWNER:YOURFAILURETO RECORDA NOTICEOF COMMENCEMENTIVIAY RESULTIN YOUR PAYINGTINICEFOR IMPROVEMENTSTO YOUR PROPERTY.IF YOU INTEND l TO OBTAINFINANCING,CONSULTWITHYOUR LENDEROR AN ATTORNEYBEFORE RECORDI R TI OF COMM ENCEMENT./’ I r’ (signature of Owner or Agent)Sig ed and sworn to (or affirm -e th's day of SIEAedand 5W°m't°(OTaf?fmedlbefPTe ;.___.I 2.20 «.r .9.rwo»«/A=r‘*"L”3‘~‘*"""""Av~?’"69 r"'6.45"‘.Pinon.-la;rla.nf_c_t%etera+lr-*.an&g.ChrislopherlvlAorJnA1u,3!My_QomAmlrssiOn‘GG92795?‘wnaNolaryFlIII&’o\§oDEOUVEIRA»D '_mycumming?Em2rIrII.I’:I§3§2um5IlpersonanyKnownOR Téofrxdez—:xP'lm-’!'l°/aafznzs_~,-I («J/FtoducedIdenti?cation «":~-I 41 A’n>':"AyP"';)/~‘("__rA-ype of Identification:M3 biz TYPEOIIden??C3?°“1 FLUVL’‘R ‘£7’?Dnm.mmawxxTwu mmmmn@m¢um.mmgwummmmmwm mmwma.xwmwmw%mmmmmmwm.Em.1,,1,,,e e,mmenmtmwnmaa ammwmmmmmmagmumvmuumwmwawam~snmnwmewum«umm»m:mnmuuwm~»_nmwwu-mmmpmm.»w«w_wq«ww,;w.mw ;Agenda Item #2.A.06 Jan 2022Page 105 of 268 Composite 11-4-21 Minutes NOTICEOF COMMENCEMENT‘jG B state of Florida »‘ Tax polio No._172020-1242 County of DUV5‘ To Whomit May Concern: The undersigned hereby informs you that improvements will be made to certain real property,and in accordance with Section 713 of the FloridaStatutes,the following informationis stated in thisNOTICEOF COMMENCEMENT. Legal Description of property being improved:36-64 09—2S—29ESELVA MARINAUNIT12-ALOT 5 Address of property being irnprgved:34219!“Street.AtlanticBeach.FL32233 General description of improvements:ggdated Floors,Kitchen,Bathrooms,Roof,Windows,Landscaping,Painting, wall removal owner;Thomas and KathleenBourdon Address;342 19thStreet.AtlanticBeach,FL82233 ~-A ~—-—--—~—--=----e---m-sane.‘-.an——.y«ssa—_«»».«u-—»~.w.w.w.ts.e=.‘..s.,.a,m..-e.Q.e.\eas... Owner's interestinsite of the improvement:Owner Fee Simple Titlehoider(if other than owner): Name: Contractor!‘Jax Pro Constuciionlnc. Address;309Odoms MillBlvd..Ponte Vedra Beach.FL 32082 Telephone No.:(9°4i5°9'5392 Fax No: Surety (ifany) Address:‘Amount of Bond Telephone No:FaxNo: Name and address of any person making a loan for the constructionof the improvements Name;f-‘BCMortgage.LLG Address;16604TownCenter,Paikway NorthSuite A,Westiake,FL 33470 Phone No:(954)9444035 FaxNo: H Name of person withinthe State of Florida,other thanhimself,designated by ownerupon whom noticesor other documents may be served:Name: Address;_ Telephone No:.FaxNo. In addition to himself,owner designates the following’personto receive a copyofthe Lienor’s Notice as provided in Section. 713.D6(2)(b),FloridaStatues.(Fillin at Owner's option) Name: Address: Expirationdate of Noticeof Commencement (the expiration’speci?ed):THISSPACEFORRECClRDER'SUSEONLY,4 _'-',as personallyappearedtaryPublicatLarge,St ,ycommisslon expires:Personally Known:Producedidenti?cation:‘£413’mg Agenda Item #2.A.06 Jan 2022Page 106 of 268 1 compare4 11-4-21 Minutes l _Building Permit Application updatedm/9/J8 ‘R;City of Atlantic Beach Building Department **ALL|NFORMATi0N ’800 Seminole Road,Atlantic Beach,FL32233 “'G“”G”“‘-D ‘N GRAY Phone:(904)247-5826Email:Building-Dept@coab.us '5 RE°”"‘E”' Job Address:34219lh Street,AtlanticBeach,FL,32233 Permit Number:RERF2Q-()153 Leg,”DeSc,,p.,,on 36-64,09-2S-29ESELVAMARlNAUNlT12-ALOT 5 R5,,172020.124; Valuation of Work (Replacement Cost)$13000.00 Heated/CooledSF Non-Heated/Cooled -ClassofWork:ElNew lZiAdditioniZ{AlterationE]Repair EiMove ClDerno DPool Elwindow/Door 0 Use ofexisting/proposed structure(s):Elcommercial E/Residential o if an existing structure,is a fire sprinklersystem installed?:EiYes we 0 Willtree 5 be removed in association with Describein detail the type of work to be performed: ro ect?ClYes must submit searate Tree RemovalPermit reroof,27 sq,6/12 pitch,shingles FL10124-R26 FloridaProduct Approval#Fuglggl-mg for multiple products use product approval form Property Qwnerinformation ’ Name Donald Maciean _Address2 PETTIS ST. City Li-‘il‘<’l‘E"GE0RGE State NY Zip 12a4‘5'Phone 350-374-1941 E-Maillombourdon7@gmail.com Owner or Agent (If Agent,Power of Attorney or Agency Letter Required) Contractor information Name of Company ReliantRoo?ng Qualifying Agent C3me'°”Sh°“PP9 Address 4230 Pablo Professional Ct #1 55 City Jacksonville State 51 Zip 32224 Office Phone 953-551-9539 Job Site Contact Number 904-712-3111 State Certification/Registration ff CCC1330615 E-Maliamanda@relianlroofing.com ArchitectName &Phone it Engineer's Name &Phone if Workers Compensation insurer Egligyta we 19549125 OR Exempt E3 Expiration Date 11/20/2020 Application is hereby made to obtain a permit to do the work and installationsas indicated.I certify that no work or installationhas commencedpriorto the issuance of a permit and that all work willbe performed to meet the standards of all the laws regulating constructionin'this jurisdiction.i understand that a separate permit must be secured for ELECTRICALWORK,PL WELLS,POOLS,FURNACES,BOlLERS,HEATERS,TANKS,and AIRCONDlTlONERS,etc.NOTICE:in aéldlt’ldr_r“‘ permitpthere,rnay*b'é'additlona_|restrictionsapplicableto this property that may be foundin the'ii:t'i_l5ll.c"r’e‘c thereirniaybe‘adl:llt'i6nai}pel'fnlts:r;eiqLliréd'fro‘in’:c>ther'gdi‘/ernmentalentitiessuch"a’s’wate‘rmsasgéaa federalagencies. OWNER'SAFFIDAVIT:i certify that all the foregoing information is accurate and that all work willbe done in compliance with all applicable laws regulating construction and zoning. WARNING TO OWNER:YOUR FAILURETO RECORDA NOTiCE OF COMMENCEMENTMAY RESULTlN YOUR PAYING TWlCE FOR lMPROVEMENTSTO YOURPROPERTY.IF YOU INTEND TO OBTAINFINANCING,CONSULTWlTH YOUR LENDEROR AN ATTORNEYBEFORE RECORDING OF COMMENCEMENT. N - ,I‘:2-Slgned and sworn to(or affirmed)before me this §day of Signed and SW0")T0 (OTaffirmed)befole me W5 .3 CLEYOflam(Signature of Not)(Signature ofN _>HIT’;AMANDAJACKSON_;$83?AMANDAJACKSON'.\lI"JI."_biM/PersonallyKnown0R ‘M!‘5:’23l§.§‘$,.‘?.§l§'é’:L3'3.“»'?s'és‘”2‘cls"a“2a'°I l’l/RersonallvKnown0"§1:°‘"“N/0“:"¢S‘C"‘°°f .‘;'s°l'c:(ilaiihect;n2rc\>’s‘bu2bt§m[]Procluced identlflcati ’j\§My commission Expires .l )Produced identification :2 0'71"“,ion ExpmsTypeofidentification:"7:7.'...‘xn“April09.2022 _Type of identi?cation:”°“My C‘°'“m 55....u .. was-9».-ummz.a.uusi:»mou'‘um.m:mmm.~meu—r_..nmg-«wa=mmmu9»mm».‘m c:L<r:Ym;«x»s»5mw.t\r.Hy.>:aa<o42bm:w.m1uvvs:<\'Iwm=\~w:xrunwriw mwmmwmwWwxawma$=:a @$xwmxaaa:avaam~xa1wnaaz~rs-a<e-gaxsmweuu-uu.«.<.s.-mu«assrva.:»crcrwuwxsa-eaxvzaqaqenxn-is-mvwsx-.-mrwvsc-$@‘—wue@%Agenda Item #2.A.06 Jan 2022Page 107 of 268 S 1 Composite 1 A 1 11-4-21 Minutes Thursday,November 4,2021 at 11:54:53 Eastern Daylight Time Subject:RE:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Date:Tuesday,July 6,2021 at 11:31:15 AM Eastern DaylightTime From:lrizarry,Angela To:KarlJ.Sanders,Askew,Amanda Attachments:image005.jpg,image006.jpg,image007.jpg,imageO08.jpg Good Morning, i just tried to call you back and left you a voicemail.According to our records,Amanda offered the two options for moving forward on June 9.As of today,we still have not receivedan application for either option. I will be happy to forward your written request to the magistrate for an extension but we need to make sure things keep moving forward.This original stop work order was posted back in August of 2020 which prompted Mr.Bourdonto submit an after the fact permit application after which communication ceased. Notices were sent in April,May and then the hearing notice in June. From:KarlJ.Sanders [mailto:kjsanders@kjs|awpa.com) Sent:Tuesday,July 6,2021 11:19 AM To:Askew,Amanda<aaskew@coab.us>;lrizarry,Angela<alrizarry@coab.us> Subject:Re:Tree Removal/PermitIssue at 342 19th Street (Bourdon Property) Hey,Angela.I tried to call you last week,but your voicemail was full ...ljust left a voicemail at your office a few minutes ago. Amanda and l spoke again last Monday,June 28,regarding the status of this matter.I advised her that Mr.Bourdon has retained a landscape architect to review the tree removal/mitigation issues,and he is currently reviewing the City's mitigation calculations and compiling a list/size of the trees that Mr.Bourdon preserved to determine whether he is entitled to any credits for same.We anticipate that he will have completed his research/review within the next 7 ~10 days,at which point we willresume/finalize discussions with Amanda's team. in light of the fact that we are actively trying to resolve this issue (i.e.,the tree mitigation calculations),we were under the impression that the Code Enforcement hearing would be continued/deferredto the next scheduled hearing date so that we could finalize these discussions and,hopefully,avoid the need for any hearing.Additionally,I have a previously scheduled work commitment this week (Wednesday evening through Friday),and willnot even be in town this week for any hearing. Could you please confirm that this hearing will be continued/deferred,or otherwise let me Thanks so much,and please feel free to give me a call if you'd like to discuss further.Best regards,Karl Page 1 of 6 Agenda Item #2.A.06 Jan 2022Page 108 of 268 Composite 4 11-4-21 Minutes Thursday,November 4,2021 at 11:55:00 Eastern Daylight Time Subject:RE:Deferral/ContinuanceofCode Enforcement Hearing re Case No.21-087 (Bourdon —342 19th St) Date:Thursday,July 8,2021 at 9:41:10 AM Eastern DaylightTime From:lrizarry,Angela To:KarlJ.Sanders Thankyou.I will present this to the Magistrate on your behalf today.FYi...Wedo stream these meetings so if you'd like to log in and watch,you can do so at www.coab.us.Just scrolldown to the very bottom of the home page and clickLive Stream. From:KarlJ.Sanders [mailto:kjsanders@kjslawpa.com] Sent:Thursday,July 8,2021 9:32 AM To:irizarry,Angela<alrizarry@coab.us> Subject:Deferral/ContinuanceofCode Enforcement Hearing re Case No.21~O87 (Bourdon -342 19th St) Angela —Thanksagain for your agreement to a deferral/continuanceofthe July 8,2021 hearing date for my client's case.Per your instructions,I am providing you with the following statement/request for the Special Magistrate in connection with same: On behalf of my client,Mr.Thomas Bourdon,I respectfullyrequest a deferral/continuance of the Code Enforcementhearing scheduled for July 8,2021,regarding the alleged violationsof the City's Tree ProtectionOrdinance.As per my discussionwith Ms Irizarry,I am unable to appear at the noticed hearing due to a scheduling con?ict;namely,I have work-relatedcommitments in South Florida this week that were scheduledback in April of this year,and I will be physically unable to appear at the hearing that the City noticed in June for this matter. That being said,I have been working with City staff since mid-April in an attempt to resolve the issues alleged in the subject citation,and I remain hopeful that we will be able to ?nd a mutually agreeableresolutionof this matter in short order.If,however,those efforts prove unsuccessful,we will be preparedto move forward with a hearing on the merits at the next regularly scheduledcode enforcement hearing date in September. I thank you in advance for your considerationof this request. Respectfully, Page 1 of 2 Agenda Item #2.A.06 Jan 2022Page 109 of 268 Composite 4 11-4-21 Minutes Thursday,November 4,2021 at 11:55:12 Eastern DaylightTime Subject:RE:Status Update re Tree Removal/Mitigation issue for 342 19th St (Code Enforcement Case ‘ No.21-087) Date:Wednesday,July 28,2021 at 2:48:59 PM Eastern DaylightTime From:Askew,Amanda To:KarlJ.Sanders CC:lri2arry,Angela Attachments:imageOO2.jpg Hello Kari, Thanks for the update.We'll be on the lookout for informa?on from the landscape architect.Please make sure you keep Angela on copy.I will be out of the office next week and don't want to slow up the process. Thanks- EromN:i<af|i§‘§an;i¢};'[mgsliiaizliqgafnaagalkjgiaiyp;'.'c¢}5j2 1 Sent:Friday,July 23,2021 4:33 PM To:Askew,Amanda Cc:lrizarry,Angeia Subject:Status Update re Tree Removal/Mitigation issue for 342 19th St (Code Enforcement Case No.21-087) Hey,Amanda.Just wanted to send you a quick status update on this matter.As we last discussed a couple of weeks ago,my client and I have been working with a local landscape architect in connection with evaluating/identifying(1)the trees that were removed due to their status as posing a danger to persons or property,per Section 163.045,Fla.Stat.,(2)the size/type of trees that were preserved,and (3)the resulting mitigation assessment (including associated credits for both the preserved trees and those which were identified as posing a danger). At this point,we have identified43 trees that were preserved on-site and appear to meet the City’s minimumsize for preservationcredits.Our landscape architect is finalizing his review and analysis,and I expect to have a detailed report/proposalfrom him in short order.Once I have that information,I will promptly forward it to you for the City's review and consideration, and we can continue/finalizeour discussions regarding a potential resolution of these issues any,to be taken in order to close out this file. As always,I appreciate your time and assistance in trying tolookforwardtospeakingwithyouagainsoon.Have a great weekend!Best regards,Karl Page 1 of 2 ...w,»..a~:»~..._,v~m,ae».:¢...a—,_.;..«ms.c.,7..g\«s_.ss._..Agenda Item #2.A.06 Jan 2022Page 110 of 268 Composite4 1 11-4-21 Minutes Thursday,November 4,2021 at 11:55:21 Eastern Daylight Time Subject:342 19th Street Date:Tuesday,September 14,2021 at 3:55:22 PM Eastern DaylightTime From:Askew,Amanda To:KarlJ.Sanders CC:|rizarry,Angela,TOMBOURDON7@GMAlL.COM Attachments:342 19th St -City's response to Sept.1 submittal.pdf Good afternoon Karl, Attached you willfind the city's officialresponse to the materialssubmitted on Sept. 15‘regarding the trees on 342 19”‘Street. Please let me know if you have any questions. Amanda L.Askew,AICP Director of Planning and Community Development 800 Seminole Road Atlantic Beach,FL32266 904~247-5841 Want to receive City of AtlanticBeachnews by email?Just say so in an email to info@coab.us.Followthe City of Atlantic Beachon Facebookhttps://www.facebook.com/CityOfAtlanticBeach.Floridahas a very broad PublicRecords Law.Most written communicationsto or from State and LocalOfficialsand agencies regarding State or Localbusiness are public recordsavailableto the public and media upon request.Your email communications,including your email address,may therefore be subject to publicdisclosure. Page 1 of 1 Agenda Item #2.A.06 Jan 2022Page 111 of 268 S Composite4 11-4-21 Minutes City of Atlantic Beach Community DevelopmentDept. 800 SeminoleRoad AtlanticBeach,Florida32233 Telephone (904)247-5826 www.coab.us CITYOF ATLANTICBEACH Code Enforcement Case #21-987 Thomas PatrickBourdon—342 19”‘Street CITY'SRESPONSETO Bourdon’sSeptember 1 Submittal To:KarlSanders,Esq.,Counsel to Bourdon,via email From:Amanda L.Askew,Director of Planning and Community Developmen Through:Angela lrizarry,Code EnforcementOfficer V CC:Thomas PatrickBourdon,via email The HonorableSuzanne Green,Special Magistrate,via email Date:September 14,2021 The City hereby submits the following response to the correspondence and materials you sent to the City on September 1,2021 (the ”September 1 Materials”),regarding the tree code issues at 342 19"‘Street,owned by Thomas PatrickBourdon.A copy of the two charts included in the September 1 Materialsis attachedto this Response. The September 1 Materialsraise two distinct issues:first,whether the removal of the trees in August,2020,can qualify for and fall within the scope of Section 163.04S(1),FloridaStatutes based on the information includedin the September 1 Materials;and second,whether and how many of the trees preservedon site qualify for mitigation credit under former Section 23-33(d) of the City's Code.[Note:Because Mr.Bourdon submitted a tree permit application prior to adoption of the new Tree Codeon July 12,2021,the City's review is based on the former Tree Codethat was in effect at the time ofthe permit application.Allreferences to the City's Code are to the former version ofthe Tree Code.) Pre-emption Under FloridaStatutes in Section 163.04S(1),F.S.That subsection provides:A localgovernment may not require a notice,application,approval,permit,fee,or mitigation for the pruning,trimming,or removalofatreeonresidentialpropertyifthepropertyownerobtainsdocumentationfromanarboristcertifiedbytheinternational Agenda Item #2.A.06 Jan 2022Page 112 of 268 Composite 11-4-21 Minutes Society of Arboricultureor a Floridalicensed landscape architect that the tree presents a danger to persons or property. §1s3.o45(1),rs. The September 1 Materials do not constitute documentation _f_r_g;n_a licensed Floridalandscape architect or a certified arborist.No license number or ISAcertification number is included.There is no signature ofthe arborist/landscape architect and it is not dated.in addition,this referenced statute plainly requires that the property owner only qualifies for the pre~emption if the owner obtains documentation that a tree ”presents"a danger to persons or property.in other words, the question is whether,at the time the tree was still standing,the tree was a danger to person or property.No statement that each of the removed trees constituted a danger to person or property prior to or at the time of removal from a landscape architect/arboristisincludedin the September 1 Materials.Moreover,because it is now over one year since the treeswere removed, it is questionable whether such a statement is now even possible unless of course the landscape architect/arboristinspected the trees prior to removal.if that is not the case,the landscape architect/arborist’sstatement shouldinclude information explaining the method/basis/industry standards used to make the after—the-factdetermination.However,the City does not waive its right to contest the legality of an after-the-fact determination. Finally,the September 1 Materialsdo not indicate how each removedtree meets the ”danger to person or property"factors.For example,in what way did Tree #1 as shown on Chart #1 present a danger to persons or to property?Blanketstatements are insufficient. Preservation Credits in regards to the second issue raised in the September 1 Materials —namely,how many of the trees preserved on site qualify for mitigation credit under Section 23~33(d)of the City's former Tree Code -it is clear that the Code provision has been mis-interpretedin the September 1 Materials,as shown on Chart #2.Section 23-33(d)provides: Existing onsite trees that are three (3)inches DBHor greater and which are neither protected nor transplanted may be utilized as credit towards the assessed mitigation,subject to the other conditions stated in this section,if preserved onsite. This Codesection only permits mitigation credit for trees preserved on site with a DBHofthree inches or greater and which are neither protected under the Code or transplanted on site.Per City's former Code,trees with a DBHof six (6)inches or more are regulated qualify for mitigation credits.Specifically,the City agrees that Tree ID#2 (5"Palm),Tree ID#30(1-3.5"Sweetbay Magnolia)and Tree iD #31 (3.5”Sweetbay Magnolia)do qualify for mitigationcredits,subject,however,to inspection by the City verifying the species,size and health of thethreetrees.Agenda Item #2.A.06 Jan 2022Page 113 of 268 Cllomposite4 11-4-21 Minutes Conclusion Based on the reasons stated above,the September 1 Materialsare insufficient,incomplete and inaccurate.As a result,and in on—goinggood faith negotiations with you,the City requests that you provide additionaldocumentation to the City addressing the insufficienciesnoted above,no later than October 1,2021.This deadline willpermit adequate time prior to the November Code Enforcementhearing for you and the Cityto determine whether a mutually acceptable resolution can be reached in this case.Agenda Item #2.A.06 Jan 2022Page 114 of 268 --...,.-......,.._ww.........._..4...u~.¢.u.amg.w.~:.ummsa».n..=.m..uw.ma_.=w.an..a..m.=mns=nn.m ..,,..,.....wmmmwnum@.nm..mmmmoaw m«mammm»&u.,.. Composite 4 -_.BI TREE MITIGATION WORSHEET City of Atlantic Beach CommunityDevelopment Department 800 SeminoleRoad AtlanticBeach,FL32233 (P)904-247-5800 U:_5-.l __,_‘_____ _. l [LandscapeArdlitecfs Calculations (Removed Trees) l SPECIES COMMENTS:l:ernovlngpresewvingPreemption C 1 Q I Q 6 10'Palm 0 7 10’Palm 0" 8 10”Palm .C O l 9 9"Palm 0 1 ;r _-——' lo 11"Palm C O 11 9"Tree H O I l2 10"Palm 0 13 11”Palm U I4 10»Palm l 0 o l 15 10" V Palm I 0 16 a"4Palm 0 0 17 14"Tree 0 O 18 8”rTree 0 OT 19 14"Tree 6 9 I 20 10"Palm ]O I 0 l 1l(22 THEEREMOVAL-B(Hl8ITC'TreeMl?galIonWorksheet03.01.2018N »~v __A_____..,._Agenda Item #2.A.06 Jan 2022Page 115 of 268 Composite 4 ,....?_A__._p.x.4-,_,I EXHIBIT C:TREE MITIGATION WORKSHEET City of Atlantic Beach T ‘Q;9‘ Community Development Department 800 SeminoleRoad AtlaniicBeach,FL32233 (P)904-247-5800 PRESERVEDTREEINVENTORY‘_I fl .list the species and diameterat breast height (dbh)ofall trees identi?edon EXHIBITB ISUIiv 9 ‘C 3 ID DBH spaces _I reg?nglprggxmgregfigné COMMENTS(for use by Citystaff) 1 11"Palm C I 2 5"Palm I I 3 23”Oak . 4 9.5”Sweetgum ‘_I O 5 10’Sweetgum O 6 8"Sweetgum ‘ O E Sweelgum O “E Sweetgum 0anSweelgumO 10 7.5"Sweelgum O 11 8"Sweetgum O 11 11"Sweelgum I O 13 10"ISweetgum T O .1 I I 14 10”Palm ,0 I I 15 12.5"Palm 0 a I I 15 14"Sweetgum 0 I 17 B”Sweelbay Magnolia I 18 6"Sweelbay Magnolia O I 19 Palm 9 I 20 Palm .0 21 Palm 0 I ——I 23 Palm 07SweatgumG25PalmLO I I ’02 miss REMOVAL-B(HI£_iITCmeMltigqt/onWorksheeto;.o_1gqls Agenda Item #2.A.06 Jan 2022Page 116 of 268 Composite 4 A City of Atlantic Beach CommunityDevelopmentDepartment (P)904-247-5800 .,'- H...I C:REEMIGATIONwos'r 800 SeminoleRoad AtlanticBeach,FL32233 Clxcu/ll’*5‘1 PRESERVEDTREEINVENTORY ID IDBH SPECIES La;’:v=mgpreSe::ingrep'?a'§ngCOMMENTS(foruseby(]tyStaff) 26 11"Palm 27 8"Sweetgum 28 46"Oak 29 9"Palm F . 30 3.5"Sweetbay Magnolia 31 IE)"sweatbay Magnolia 32 12"Palm 33 12"Palm 34 12"Palm 35 413"Oak _ 36 11"Palm k_ 37 115"Palm 38 T12"‘Palm 39 J95"Palm 40 12.5"Palm ‘j I 41 11"Palm 42 T11"1Palm 1 I F _ '.;’.;:‘.‘all I i l i I ll l l02megREMOVAL~EXHIBITCneemlllgagqn_W9Il<5h»egt03.01.2013 _la;-.ec:u.z:=::=...«m:-=—.-;..—-Agenda Item #2.A.06 Jan 2022Page 117 of 268 Composite 4 11-4-21 Minutes Tree #1;11"Palm Tree #21:13"Palm Tree #2:5"Palm Tree #22:13"Other Tree #3:23"other Tree #23:12"Palm Tree M:9.5”Other Tree #24:10"Other Tree #5;10"other Tree #25:12"Palm Tree #6:8"Other Tree #26:11"Palm Tree #7:8.5"Other Tree #27:8"Other Tree #8:9"Other Tree #28:6"Other Tree #9:10"Other Tree #29:9”Palm Tree #10:7.5"Other Tree #3012"Other Tree #11:8”Other Tree #31:3.5 "Other Tree #12;11"other Tree #32:3.5"Other Tree #13:10"Other Tree #33:12"Palm Tree #14:10"Palm Tree #34:12"Palm Tree #15:12.5"Palm Tree #35:12"Palm Tree #16:14"Other Tree #36:13"Other Tree #17:8"Other Tree #37:11"Palm Tree #18;5"other Tree #38:11.5”'Palm Tree #19;11"Palm Tree #39:12 Palm" Tree #2o;12_5"Palm Tree #40:9.5”Palm Tree #41:125"Palm Concrete V Tree #42:11"Palm Tree #43:11"Palm Concrete PRESERVEDTREES 342 19thSt.,AtlanticBeach Agenda Item #2.A.06 Jan 2022Page 118 of 268 Composite 4 11-4-21 Minutes Thursday,November4,2021 at 11:56:06 Eastern Daylight Time Subject:RE:Magistrates Order Date:Monday,October 4,2021 at 3:31:23 PM Eastern DaylightTime From:irizarry,Angela To:KarlJ.Sanders CC:Askew,Amanda Attachments:imageO04.jpg,imageOO6.jpg,CE 342 19th Street Case #21-087.pdf Good afternoon, The Magistrate prepares her own orders.Attachedis a copy of the September Order. From:KarlJ.Sanders [mailtozkjsanders@kjslawpa.com] Sent:Wednesday,September 29,2021 5:00 PM To:lrizarry,Angela<alrizarry@coab.us> Cc:Askew,Amanda <aaskew@coab.us> Subject:Re:Magistrates Order Hey,Angela.I never received a reply to this email,so I thought I'd follow-up with a reminder email. 1.Who prepares the draft Code EnforcementOrders for the Special Magistrate's review/signature? 2.Were draft Orders from the last meeting prepared or circulatedfor review? 3.Is there a final (signed)Order from the Special Magistrate regarding her directives concerning my client's matter at the last meeting? Thanks so much. Best regards, Karl Karl J.Sanders,Esq. "l_<jsanders@_l_<jslawpa.com it it.,5 904.868.7929 1 Office 'LA\/\/M561.386.1216 1 Mobile ....._...~n_~.._.nww......~._.w.v~..«.-.1._........w~....w.....=.~.«.«...--...........-....»..........,_.........-,.._1......_...._.......,.........-.—..c.—.........—.....a.......,.....».......y.........:.,........-..........‘-1..-......-.From:KarlSanders <l_<jsanders@_l<j§_l_a_w_pa.com>Date:Thursday,September 9,2021 at 6:12 PMTo:Angela lrizarry <alrizarry_@coab.us>Cc:AmandaAskew <aasl<ew@coa us>Subject:Re:Magistrates OrderAngela~l just wanted to follow-up with you on the status of the Special Magistrate's verbalorderattheCodeEnforcementproceedingslastweek.I spoke with Amanda regarding the Page 1 of 3 Agenda Item #2.A.06 Jan 2022Page 119 of 268 Composite4 11-4-21 Minutes Thursday,November 4,2021 at 11:56:15 Eastern Daylight Time Subject:RE:342 19th Street Date:Monday,October 18,2021 at 1:05:04 PM Eastern DaylightTime 1 From:Askew,Amanda 2 To:KarlJ.Sanders Attachments:imageO06.jpg,imageO08.jpg,imageO10.jpg,image011.jpg,imageO12.jpg I Good morning Karl, As I mentioned staff and Commission can't make a settlement since this case is at the magistrate level.Commission is only able to hear an appeal of an administrative l decision.At this point you can only appeal staff's interpretation of Chapter 23.This ’ does not alleviate code enforcement.However,you can ask for a fine reduction during the special magistrate process.The special magistrate has entertained fine 1 reductions in other cases.However,tree removal without mitigate irreparable tree removal. Staff can only approve the required replacement/mitigation or you must continue on the code enforcement route. You From:KarlJ.Sanders {mailto:kjsanders@kjslawpa.com] Sent:Wednesday,October 6,2021 6:22 PM To:Askew,Amanda Subject:Re:342 19th Street Just touching base ...have you had an opportunity to speak with the City Manager regarding our discussion late Monday afternoon?No worries if not,i completely understand how busy everyone is right now!Just let me know if you/he have any questions for me or need additionalinformation. Best regards,Karl Page 1 of 6 Agenda Item #2.A.06 Jan 2022Page 120 of 268 Composite 4 11-4-21 Minutes Thursday,November 4,2021 at 11:56:23 Eastern Daylight Time Subject:RE:342 19th Street Date:Wednesday,October 20,2021 at 11:02:35 AM Eastern DaylightTime From:lrizarry,Angela To:Askew,Amanda CC:KarlJ.Sanders Attachments:lmage0O1.jpg,imageOO2.jpg,image0O3.jpg,image004.jpg,imageO05.jpg Good Morning All, The Code Enforcement action on this case is still pending.Since the Magistrate has not imposed any fines yet in this case,there is nothing for the Magistrate to consider reducing.The amount of the mitigation clue is not in her purview to reduce since it is set by code and is not discretionary. From:Askew,Amanda Sent:Monday,October 18,2021 3:15 PM To:lrizarry,Angela<alrizarry@coab.us> Subject:FW:342 19th Street Fyi-- From:Askew,Amanda Sent:Monday,October 18,2021 1:05 PM To:’Kar|J.Sanders’ Subject:RE:342 19th Street Good morning Karl, As I mentioned staff and Commission can't make a settlement since this case is at the magistrate level.Commission is only able to hear an appeal of an administrative decision.At this point you can only appeal staff's interpretation of Chapter 23.This does not alleviate code enforcement.However,you can ask for a ?ne reduction during the special magistrate process.The special magistrate has entertained ?ne reductions in other cases.However,tree removal without mitigate irreparable tree removal. the code enforcement route.You KarlSanderslmailto:kjsanders@l<jslawpa.com] H Page 1 of 7 Agenda Item #2.A.06 Jan 2022Page 121 of 268 Composite 4 11-4-21 Minutes Thursday,November 4,2021 at 11:58:44 Eastern Daylight Time Subject:RE:Registered Landscape Architect Declaration re:Tree Removal/Mitigation Issue at 342 19th St (Code Enforcement Case No.21-087) Date:Monday,November 1,2021 at 4:49:19 PM Eastern DaylightTime From:Askew,Amanda To:KarlJ.Sanders CC:lrizarry,Angela Attachments:imageOO2.jpg Good afternoon l<arl, On October 25,2021 we received the veri?ed written declaration of Michael Miller, RLA.Upon review of the declaration staff needs further clari?cation. ln #4 of Mr.Miller's declaration,who advised Mr.and Mrs.Bourdon "that that he should promptly have certain trees on the property removed,as they posed a danger to both the existing single—familyhome located on the Bourdon Residence and the property of his adjoining neighbor on the eastern side of the Bourdon Residence"?is this person a certified arborist or an RLA?Please provide written documentation of this advice. it is our understanding that Mr.Miller did not observe the trees prior to removal.By what method or on what basis did Mr.Miller use in #10 of the declaration to opine that the hickory tree ”presented a danger to his property due to its size and proximity to the home's foundation and roof....”? it is our understanding that Mr.Millerdid not observe the trees prior to removal.By what method or on what basis did Mr.Miller use in #11 of the declaration to opine that 14 of the trees removed ”presented‘a danger to "persons and/orproperty located on both the Bourdon Residenceand the adjoining neighbor on the eastern side of the Bourdon Residence,due to their location,size and/orhealth”? From:Karll.Sanders [mailto:kjsanders@kjs|awpa.com]Sent:Monday,October 25,2021 5:01 PMTo:Askew,AmandaCc:|rizarry,AngelaSubject:Registered Landscape Architect Declaration re:Tree Removal/Mitigation issue at 342 19th St (CodeEnforcementCaseNo.21-087)Hey,Amanda.Nice speaking with you again today.As discussed,I've attached a copy of theVerifiedWrittenDeclarationfromtheRegisteredLandscapeArchitectthatmyclientsretainedPage 1 of 2,_....§...,..._,,,.,.E,,,=,._._,,Agenda Item #2.A.06 Jan 2022Page 122 of 268 Composite5“ 11-4-21 Minutes CITYOF ATLANTICBEACHLANDDEVELOPMENTCODE CHAPTER24,CODEOF ORDINANCES Sec.24-17.-Definitions. For purposes of this chapter,the following terms shall have the meanings as set forth within this section.Where applicable and appropriate to the context,definitions as set forth withinthe FloridaBuilding Code,withinFlorida Statutes,or as established by state or federal agencies of government as these may be amended,shall be used in conjunction with these terms and the requirements of this chapter.Terms used in this chapter,but not defined withinthis section shall have their common meaning. Note:The definitions set forth within this section establish the meaning of terms used throughout and, unless expressly defined otherwise in this Code of Ordinances,in other chapters of the city's Code of Ordinances,and are also instructive as to how these land development regulations are implemented as related to the use and limitationsof lands withinthe city. Abandon shall mean to discontinue a use for more than a specified period of time. Abutting property shall mean any property that is immediately adjacent to or contiguous to the subject property,or that is located immediately across any road or public right-of-wayfrom the subject property. Access,point of,shall mean a paved driveway or other opening intended to provide vehicle or pedestrian access to or from a public or private right—of—wayorfrom publicor private premises including ofl-,3 street parking areas.1 Access point shall mean a driveway or other opening for vehicles to enter from or exit to a right—of- way.An access point may include multiple ingress and egress lanes and a divider median provided that all features utilizethe same apron. Accessory use,building,or structure shall mean a use,building,or structure on the same lot with,and of a nature customarily incidental and subordinate to,the principal use,building or structure.Accessory structures include,but are not limitedto the following:sheds,unattached garages,swimming pools,docks, gazebos,satellite dishes,screen enclosures,rooftopsolar panels,and garage apartments. Acre,gross,means forty-three thousand five hundred sixty (43,560)square feet. Additionshall mean an extension or increase in floor area or height of a building or structure. Adjacent shall mean next to or adjoining something else. Adjoining in the context of land shall mean a lot or parcel of land,when the lot or parcel share all or part of a common lot line.Adjoiningin the context of structures shall mean two (2)or more structures sharing all or part of a common wall. Administrative variance shall mean a minor variance that may be granted by the planning and community development director in accordance withsection 24-64. Adult care facility shall mean a facility licensed and operated in accordance with state and otherstandardsasmaybeapplicable,providing general supervisory care for five (5)or more adults.Adverse/y affected person,as used within this chapter,shall mean a person who is suffering or willsufferanadverseeffecttoaninterestprotectedorfurtheredbytheselanddevelopmentregulationsortheCityofAtlanticBeachcomprehensiveplan.The alleged adverse effect may be shared in common withothermembersofthecommunitybutmustexceedindegreethegeneralinterestincommunitygoodsharedbyallpersonsinthecommunity.aw_mmwmzmm uwmw¢~_@w Agenda Item #2.A.06 Jan 2022Page 123 of 268 Composite5 11-4-21 Minutes Alley shall mean a right-of-way providing a secondary means of access and service to abutting property. Alteration shall mean any change in the arrangement of a building;any work affecting the structural parts of a building;or any change in electrical,plumbing,heating or air conditioning systems. Animal hospital.See "Veterinary clinic." Apartment house.See "Dwelling,multifamily." Applicant shall mean the title owner of record,or his authorized representative,of lands that are the subject of a request for a change in zoning classification,a use-by-exception,a variance,an appeal,a waiver,a plat,an administrative variance,or any development permit. Application of fertilizer means the actual physical deposit of fertilizer to turf or landscape plants, whether solid or liquid product is used. Applicator means any person who applies fertilizeron turf and/or landscape plants in the City of Atlantic Beach. Appraised value shall mean the value to an improvement or property as determined by a certified appraiser.To determine the appraised value,the certified appraisal shall have been performed within the previous twelve (12)months. Arbor shall mean a landscape element designed solely to support vines,branches or landscape elements,and which does not contain any type of solid roof. Assessed value shall mean the value of an improvement or property as determined by the Duval County Property Appraiser in the manner provided by Floridalaw. Automatic irrigation system shall mean an artificialwatering system with a programmable controller or timing mechanism designed to automatically transport and deliver water to plants. Automotiveservice,minor shall mean any facility that performs the limited,minor or routine servicing of motor vehicles or parts,but shall not Include major automotive repair,and which contains no more than two (2)work bays. Automotive repair,major shall mean any facility that performs any type of automotive service or repair with more than two (2)work bays,or any facility that performs the rebuilding or reconditioning of motor vehicles or parts thereof,including collisionservice,painting and steam cleaning of vehicles,regardless of the number of work bays. Bar or lounge shall mean any place devoted primarilyto the selling or dispensing and drinking of alcoholic beverages. Base flood elevation (BFE)shall mean the elevation shown on the FEMAflood insurance rate map for zones AE,AH,A1—-A30,AR,ARIA,AR/AE,AR/A1—A30,AR/AO,V1—-V30,and VE that indicates the water surface elevation resulting from a ?ood that has a one-percent chance of equaling or exceeding that level in any given year. Best management practice (BMP)shall mean the methods that have been determined to be the most effective,practical and sound means to achieve an objective related to water supply,stormwater, shall a andboundaries,usually being an area surrounded by streets or other physical barriers and having an assignednumber,letter,or other name through which it may be identified.Boarding house,rooming house,lodging house or dormitory shall mean a building or part thereof,other than a hotel,motel or restaurant,where meals and/or lodging are provided for compensation for three(3)or more unrelated persons and where no cooking equipment or dining facilitiesare provided in individuall'OOl’TlS.eum.mmn mmam:ama»mmx.ww~mw~mmmwg.Agenda Item #2.A.06 Jan 2022Page 124 of 268 Composite5 11-4-21 Minutes Bondshall mean any form of security including a cash deposit,surety bond,collateral,property or instrument of credit in any amount and form satisfactory to the city commission.Allbonds shall be approved by the city commission wherever a bond is required by this chapter. (1)Maintenance bond:Upon issuance of the certificate of occupancy,or when required improvements are installed prior to recording the plat,surety may be required to be posted in the amount of one hundred (100)percent of the original engineer's estimate of the cost of improvements.The condition of this obligation is such that the city willbe protected against any defects resulting from faulty materials or workmanship of the aforesaid improvements for a period of one (1)year from the date of any project's certificate of occupancy or completion. (2)Performance bond:When required improvements are installed after recording the plat,surety may be required to be posted in the amount of one hundred twenty-five (125)percent of the engineer's estimate of costs. Buffer shall mean the required treatment of areas between different classifications of uses or incompatible uses.Buffers may incorporate the combinationsof landscaping,open space or fences. Buffering.See "Screening." Bulldable area shall mean that portion of a parcel which may be constructed upon in accordance with the provisions of this chapter and any other restrictionsof city Code,applicable state or federal regulations or a recorded subdivision plat.Unless otherwise provided for within any such restriction,buildable area shall exclude building setbacks,utilityand drainage easements,stormwater facilities,wetlands and lands seaward of the coastal construction control line. Building shall mean a structure designed or built for support,enclosure,shelter or protection of persons,animals or property of any kind.Building shall include any structure constructed or used for a residence,business,industry or other private or public purpose,including buildings that are accessory to such uses,provided such buildings are in compliance with the Florida Building Code."Building"or "structure"includes parts thereof and these terms may be used interchangeably. Building permit shall mean any permit,which authorizes the commencement of construction or development in accordance with the construction plans or site plans approved by the city under the provisions of this chapter and other applicable federal,state and local regulations. Building,principal shall mean a building within which is conducted the principal use of the lot or property upon which the building is situated. Building setback shall mean the minimumrequired horizontal distance,where structures over thirty (30)inches are prohibitedunless otherwise specified in this chapter,between the front,rear or side property lines of any lot and the nearest exterior front,rear or side wall of any building.When two (2)or more lots under single or unified ownership are developed as a single development parcel,the exterior lot lines of the combined parcel(s)shall be used to determine required building setbacks.Building setback and building restriction line may have the same meaning and may be used interchangeably where such lines are recorded on a final subdivision plat. Building restriction line (BRL)shall mean the line(s)extending across the front,sides and/or rear of a lot or the property,as depicted on a platted lot of record.Buildings shall be contained within building restrictionlines.Building restrictionlines,which may require a greater building setback than the minimum Capital improvement shall mean physical assets constructed or purchased to provide,improve,orreplaceapublicfacilityorpublicinfrastructure.The cost of a capital improvement is generally nonrecurringandmayrequiremultlyearbudgetingandfinancing.For these land development regulations,physicalassetswhichhavebeenidentifiedasexistingorprojectedneedsinthecapitalimprovementelementinthecity's comprehensive plan shall be considered capital improvements.Car wash shall mean a facility used principallyfor the cleaning,washing,polishing or waxing of motorvehicles,but shall not include any type of repair or servicing of motor vehicles or the dispensing ofautomotivefuels.Any parcel containing a car wash shall be located a minimumof one hundred (100)feet3 Agenda Item #2.A.06 Jan 2022Page 125 of 268 Composite 11-4-21 Minutes from the lot line (measured from the parcel line to the nearest parcel line)of any parcel that is residentially zoned and shall be treated as a vehicle use area requiring landscaping in accordance witharticle lll,division 8 of this chapter. Cemetery shall mean land used or intended to be used for the burial of animal or human remains and dedicated for cemetery purposes and may include mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery. Certificate of occupancy or certi?cate of completion shall mean that certificate issued by the City of Atlantic Beach subsequent to final inspection by the building official verifying that all improvements have been completed in conformance with the requirements of this chapter,any final subdivision plat,and the approved construction plans and the Florida BuildingCode. Certi?ed survey shall mean a survey,sketch plan,map or other exhibit containing a written statement regarding its accuracy or conformity to speci?ed standards certified and signed by the registered surveyor under whose supervision said survey was prepared.Certified survey is inclusive of all types of surveys as may be required by these land development regulations. Change of use shall mean discontinuance of an existing use and the substitution of a different use as classified by these land development regulations.in the case of question regarding use,such use shall be determined based upon the Standard industrial Classification (SlC)Code Manual issued by the United States Office of Management and Budget. Child care means the care,protection,and supervision of a child,for a period of less than twenty-four (24)hours per day,on a regular basis,which supplements parental care,enrichment,and health supervision for the child,in accordance with his individualneeds,and for which a payment,fee,or grant is made for such care. Child care facility shall include child care centers,day nurseries,kindergartens,and any child care arrangement,other than a family day care home,which provides child care for more than five (5)children unrelated to the operator,and which receives a payment,fee,or grant for any of the children receiving care, wherever operated,and whether or not operated for profit.Childcare facilities shall be licensed and operated in accordance with all applicable requirements of the Florida Department of Children and Families and section 24-152 of this chapter.This definitionshall not include family day care home. Church shall mean a building used for nonprofit purposes by a recognized or established religion as its place of worship. City shall mean the City of AtlanticBeach. Clinic shall mean an establishment where patients,who are not kept overnight,are admitted for examination and treatment by one (1)person or a group of persons practicing any form of healing or health services to individuals,whether such persons be medical doctors,chiropractors,osteopaths,chiropodists, naturopaths,optometrists;dentists or any such profession,the practice of which is lawful in the State of Florida. Club shall mean a privately-owned establishment owned and operated by a corporation or association of persons for social or recreational purposes and typically requires a membership. Coastal construction controlline (CCCL)shall mean the line as determined by the FloridaDepartment Code shall mean the MunicipalCode of Ordinances for the City of AtlanticBeach,Florida.Code enforcement officer;officialor inspector means any designated employee or agent of the City ofAtlanticBeachwhosedutyitistoenforcecodesandordinancesenactedbytheCityofAtlanticBeach.Commercial corridor means the lands extending a depth of one hundred (100)feet outward from theouterboundariesoftherights-of-way along Mayport Road and Atlantic Boulevard,including any parcelswhicharepartiallywithinsaidonehundred(100)feet.Agenda Item #2.A.06 Jan 2022Page 126 of 268 Composite 5 11-4-21 Minutes Commercial fertilizerapplicator‘.except as provided in F.S.§482.1562(9),means any person who applies fertilizer for payment or other consideration to property not owned by the person or firmapplying the fertilizer or the employer of the applicator. Communicationtower means a tower whichsupports communicationequipment (such as radio,tv or telecommunications for either transmissionor receiving).The term "communicationtower"shall not include amateur radio operators‘equipment.including citizen's band (CB),VHFand UHF alrcraftimarine,and other similar operators.Design examples of communicationtowers are described as follows:(i)self-supporting lattice;(ii)guyed;and (iii)monopole. Community center shall mean a facility available for public use,which may be used for recreation activities,meetings and social gatherings,and also for government,cultural,civic or similartype activities. Compatibilityshall mean a conditionin which land uses or conditions can coexist in relativeproximity to each other in a stable iashlon over time such that no use or conditionis unduly negatively impacted directly or indirectly by anotheruse or condition. Comprehensive plan shall mean the local government comprehensive plan.which is adopted by the city commission pursuant to the Community Planning Act pursuant to Chapter 163,Florida Statutes,and which serves as the legal guideline forthe future development of the city.Pursuant to F.8.§163.3194(1)(b), in the case of any inconsistency between the provisions of this chapter and the comprehensive plan,the comprehensive plan shall prevail. Construction plans shall mean the construction and engineering drawings,specifications.tests and data necessary to show plans for construction of the proposed improvements to land and shall be in sufficient detail to permit evaluation of the proposals and to determine compliance withthe FloridaBuilding Code and city's Code of Ordinances. Convenience store shall mean an establishment of no less than two thousand (2,000)square feet and no more than five thousand (5,000)square feet of conditionedspace used for the retail sale of consumable goods and may include sit-down restaurant areas. Corneriot.See "Lot.corner." Covenants shall mean various forms of agreements and deed restrictions recorded in the public records that restrict the use of property. Cu!-de-sacshall mean a street terminated at the end in a vehicularturnaround. Density shall mean an objective measurement of the number of people or residential units allowed per unit of land.such as residents or employees per acre.Density shall includenumber of residentialdwelling units permitted per acre of land.or portion thereof,exclusive of rights-of-way.canals and drainage ditches, lakes,rivers,jurisdictional wetlands and lands seaward of the coastal construction control line. Developershall mean any person,includinga governmental agency,undertaking any development as deiined in this section. n the following,generally in accordance withF.S.§380.04: (a)Development means the carrying out of any building or mining operation or the making of any material change in the use or appearance of any structure or land and the dividingof land into dev to merit,as defined in this section:(2)A change in the intensity of use of land,such as an increase in the number of dwellingunitsinastructureoronlandoramaterialincreaseinthenumberofbusinesses,manufacturingestablishments.offices or dwelling units in a structure or on land.Agenda Item #2.A.06 Jan 2022Page 127 of 268 Composite 5 11-4-21 Minutes (3)Alterationof a shore or bank of a seacoast,river,stream,lake,pond or canal.including any coastalconstruction.as defined in F.S.§161.021. (4)Commencement of drilling(except to obtain soil samples),mining or excavation on a parcel of land. (5)Demolitionof a structure. (6)Clearing of land as an adjunct of construction. (7)Deposit of refuse.solid or liquidw ‘it arcei of land. (c)The following operations or uses 5.all got be taken r the purposes of this chapter to involve development as defined in this section:” (1)Work by highway or road agency or railroadcompany for the maintenance or improvement of a road or railroadtrack.ifthe work is carried out on land withinthe boundaries of the right- of—way. (2)Work by a utility and/or other person engaged in the distribution or transmission of gas or water,for the purpose of inspecting,repairing,renewing or construction on established rights-of-way,any sewers,mains,pipes,cables,utilitytunnels,power lines.towers,poles, tracks or the like.This provision conveys no property interest and does not eliminate any applicable notice requirements to affected land owners. (4)(The use of any structure or land devoted to dwelling uses for any purpose customarily incidentalto enjoyment of the dwelling. (5)A change in the ownership or form of ownership of any parcel or structure. (6)The creation or termination of rights of access,riparian rights,easements,covenants concerning development of land or other rights in land. Development order shall mean any order granting,denying.or granting withconditionsan application for a development permit. Development parcel,or development site (see also definitionfor single development parcel)shall mean the contiguous or adjacent lands,lots or parcels for which a unifieddevelopment project is proposed. in the case where more than one (1)parcel,platted lot or lot of record has been combined and developed as a single development parcel,such lots shall not later be developed as single lots (see section 24-84), unless all requirements for development as single lots shall be met including,but not limitedto,lot area,lot width.impervious surface area limitations.and provision of all required yards for all structures.The a construction of a fence does not constitute the creation of single lots.A/AV}Development permit shall includeany building permit,zoning permit,subdivisionapproval,rezoning, Mt‘"certification,special exception,variance,or any other officialaction of the city having the effect of permitting(thedevelopment of land._____ M Division shall mean the division of hotels and restaurants of the State of Florida Department ofBusinessandProfessionalRegulation.Drainage,where appropriate,shall include,but not be limited to,swales.ditches.storm sewers.seepage basins,culverts,side drains,retention or detention basins,cross drains and canals.Dual rear wheel vehicle shall mean a motor truck.trailer,semitraiier or tractor/trailer combinationwithaloadcapacityinexcessoftwo(2)tons,used for comrnercial/private use and used as a means oftransportingpersonsorpropertyoverthepublicstreetofthecityandpropelledbypowerotherthan Agenda Item #2.A.06 Jan 2022Page 128 of 268 m m u m U:s w m H 10 ll 12 13 14 15 16 l7 l8_ 19 20 21 22 23 25 Composite 6 11-4-21 I D A H 0 LJ 8 E O F R E l9 R E 3 ES N T A T I .¢LLED CSH1B1159 An act relating to private property rights;creating s.163.045,F.S.;prohibiting local governments £59m0- requiring notices,applications,approvals,permits, fees,or mitigation for the pruning,££jggg£§&_J3r removal of trees on residential property if a property owner obtains specified documentation;prohibiting 16651 governments from requiring property owners to replant such trees;providing an exception for mangrove protection actions;amending s.163.3209, F.S.;deleting a provision that authorizes electric utilities to perform certain right—of—way tree maintenance only if a property owner has received local government approval;creating s.70.002,F.S.; creating a Property Owner Bill of Rights;requiring county property appraisers to provide specified information on their websites;providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1.Section 163.045,Florida Statutes,is created to read: property.-Page 1 of 6CODING:Wordsstrieleenare deletions;wordsunderlinedare additions.hb1159-O2-er 4+’Lp V 2019Legislature E S ‘:«'.*»r~‘~Tm;sa==:ma.»=>.3m.=s.:.x.m.r...:;.,..«s.:h.>.e.m=;.mx.c.me.m\.l~....,.‘..~“er.\...l.«..ism=1e“eLm»:m.y.xl:.aa.¢ees:..:ll$.?.aiswq;y.,w..,,...._.___..f_.___>__weaNessay2:zawwnawxe=4gala.-amswrazzames:=m=ec.x.ax,»»amex«.s.x.=w;=.u.=ns»;s=.¢«xr.;.ng.auw.7;aL A Agenda Item #2.A.06 Jan 2022Page 129 of 268 if (3oniposite61 11-4-21 Minutes R E F’R E S E i?T’AiDAHOUSEOF .JLLED CSNiB1159 An act relating to private property rights;creating ”j—:‘**‘ s.163.045,F.S.;prohibiting local governments frpm.- requiring notices,applications,approvals,permits, fees,or mitigation for the pruning,E£iEEiEEL_2f removal of trees on residential property if a property owner obtains specified documentation;prohibiting local governments from requiring property owners to replant such trees;providing an exception for mangrove protection actions;amending s.163.3209, F.S.;deleting a provision that authorizes electric utilities to perform certain right~of~way tree maintenance only if a property owner has received local government approval;creating s.70.002,F.S.; creating a Property Owner Bill of Rights;requiring county property appraisers to provide specified information on their websites;providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. to read: 163.045 Tree pruning, Page 1 of 6CODING:Wordsstriskenare deletions;wordsunderlinedare additions. Section 163.045,Florida Statutes,is created trimming,or removal on lite T I V E 2019Legislature @ hb1i59-02~er S Agenda Item #2.A.06 Jan 2022Page 130 of 268 ‘29 if the property owner obtains documentation from an arborist Coniposite1 11-4-21 Minutes F L.O R I D A H O U S E O F R E P I E S E N T‘A T i V E S ENROLLED CSMiB1159 2019Lemdanne 26 (1)A local government may not require a notice, 27 application,approval,permit,fee,or mitigation for the 28 pruning,trimming,or removal of a tree on residential property 30 certified by the International Society of Arboriculture or a 31 Florida licensed landscape architect that the tree presents a 32 danger to persons or property. 33 (2)A local government may not require a property owner to 34 replant a tree that was pruned,trimmed,or removed in 35 accordance with this section. 36 (3)This section does not apply to the exercise of 37 specifically_delegated authority for mangrove protection 38 pursuant to ss.403.932l—403.9333. 39 Section 2.Section 163.3209,Florida Statutes,is amended 40 to read: 41 163.3209 Electric transmission and distribution line 42 right—of—way maintenance.~After a right—of—way for any electric 43 transmission or distribution line has been established and 44 constructed,no local government shall require or apply any 45 permits or other approvals or code provisions for or related to 46 vegetation maintenance and tree pruning or trimming within the 47 established right-of~way.The term "vegetation maintenance and 48 tree pruning or trimming"means the mowing of vegetation within 50 way,and removal of tree branches that extendPage2of6CODING:Wordseiriekenare deletions;wordsunderlinedare additions.hbi159—02-er Agenda Item #2.A.06 Jan 2022Page 131 of 268 icorniposite 11-4-21 Minutes F i.O I I D A ii 0 LJ 8 E O F R E P R E S E N "T A T I \/E S ENROLLED CS/HB1159 2019Legislature i 51 the right—of-way.The provisions of this section do not include 52 the removal of trees outside the right—of—way,which may be 53 allowed in compliance with applicable local ordinances.Prior to 54 conducting scheduled routine vegetation maintenance and tree 55 pruning or trimming activities within an established right-of- 56 way,the utility shall provide the official designated by the 57 local government with a minimum of 5 business days‘advance 58 notice.Such advance notice is not required for vegetation 59 maintenance and tree pruning or trimming required to restore 60 electric service or to avoid an imminent vegetation—caused 61 outage or when performed at the request of the property owner 62 adjacent to the right~of-way7—previeed—that—ehe—ewner—has 63 appreva%~e£—éhe—leeal—geVernmeetT—if—aeeded.Upon the request of 64 the local government,the electric utility shall meet with the 65 local government to discuss and submit the utility's vegetation 66 maintenance plan,including the utility's trimming 67 specifications and maintenance practices.Vegetation maintenance 68 and tree pruning or trimming conducted by utilities shall 69 conform to ANSI A300 (Part I)—2001 pruning standards and ANSI 70 Zl33.l—2000 Pruning,Repairing,Maintaining,and Removing Trees, 71 and Cutting Brush—Safety Requirements.Vegetation maintenance 72 and tree pruning or trimming conducted by utilities must be 73 supervised by qualified electric utility personnel or licensed to vegetation maintenance and tree Page 3 of 6CODING:Wordseiriekenare deletions;wordsunderlinedare additions.hb1159-02-erns«.u.s.~.usnxaa4»._zsma—.u»eu=::s=;=n.sxe»z.mammnumsumum......a.«...««»w..u~.u=..v.....~_:..>‘..=....—m—,_..m“..m....«.u.......___.._i.,._,,____.,_Agenda Item #2.A.06 Jan 2022Page 132 of 268 Composite6 11-4-21 Minutes F L O I?I D A H O {J S E O F R E P I?E S E IV T A T l V E S ENROLLED CS/HB1159 2019Legislature 76 Arborists certified by the Certification Program of the 77 International Society of Arboriculture.A local government shall 78 not adopt an ordinance or land development regulation that 79 requires the planting of a tree or other vegetation that will 80 achieve a height greater than 14 feet in an established electric 81 utility right—of—way or intrude from the side closer than the 82 clearance distance specified in Table 2 of ANSI Zl33.l—2000 for 83 lines affected by the North American Electric Reliability 84 Council Standard,FAC 003.1 requirement Rl.2.This section does 85 not supersede or nullify the terms of specific franchise 86 agreements between an electric utility and a local government 87 and shall not be construed to limit a local government's 88 franchising authority.This section does not supersede local 89 government ordinances or regulations governing planting, 90 pruning,trimming,or removal of specimen trees or historical 91 trees,as defined in a local government's ordinances or 92 regulations,or trees within designated canopied protection 93 areas.This section shall not apply if a local government 94 develops,with input from the utility,and the local government 95 adopts,a written plan specifically for vegetation maintenance, 96 tree pruning,tree removal,and tree trimming by the utility 97 within the local government's established rights—of~way and the 98 plan is notinconsistent with the minimum requirements of the 100 Commission;however,aPage4of6CODING:Wordssérieken are deletions;wordsunderlinedare additions.hb1159—02-er Agenda Item #2.A.06 Jan 2022Page 133 of 268 Ooimposiite 11-4-21 Minutes F L.O R I D A H O U S E O F R E P F?E S E N "T A T I ENROLLED CSIHB1159 2019Legislature 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 planting of a tree or other vegetation that will achieve a height greater than 14 feet in an established electric right—of— way.Vegetation maintenance costs shall be considered recoverable costs. Section 70.002,is created toSection3.Florida Statutes, read: 70.002 appraiser office shall provide on its website a Property Owner Property Owner Bill of Rights.—Each county property Bill of Rights.The purpose of the bill of rights is to identify certain existing rights afforded to property owners but is not a comprehensive guide.The Property Owner Bill of Rights does not create a civil cause of action.The Property Owner Bill of Rights must state: PROPERTY OWNER BILL OF RIGHTS This Bill of Rights does not represent all of your rights under Florida law regarding your property and should not be viewed as a comprehensive guide to property rights.This document does not create a civil cause of action and neither egpands nor limits any rights or remedies_provided under any other law.This document does not replape the need to seek legal advice in . matters relating to property law.Laws relating to your rights Florida Statutes,localarefoundintheStateConstitution, Page 5 of 6CODING:Wordsstriekenare deletions;wordsunderlinedare additions.hb1159-02-er V E S Agenda Item #2.A.06 Jan 2022Page 134 of 268 Cornposite6 11-4-21 Minutes F L O R I D A H O [J S E O F R E P F?E S E N T A T I V E S ENROLLED CS/HB1159 _2019Legislature 126 include: 127 1.The right to acquire,possess,and protect your 128 property. 129 2.The right to use and enjoy your property. 130 3 The right to exclude others from your property. 131 4.The right to dispose of your property. 132 5 The right to due process. 133 6 The right to just compensation for property taken for a 134 public purpose. 135 7.The right to relief,or payment of compensation,when a 136 new law,rule,regulation,or ordinance of the state or a 137 political entity unfairly affects your property. 138 Section 4.This act shall take effect July 1,2019. Page 6 of 6CODING:Wordssérieken are deletions;wordsunderlinedare additions.hbi159-O2-er Agenda Item #2.A.06 Jan 2022Page 135 of 268 1 Acomnpiosite6 1 11-4-21 Minutes Select Year:{£020 3};"_"c_Ei, The 2020 Florida Statutes Title XI glgpter 153 View Entire COUNTY ORGANIZATIONAND INTERGOVERNMENTAL INTERGOVERNMENTAL Ql§l2L.€F RELATIONS PROGRAMS l'- 163.045 Tree pruning,trimmin ~I on residential property.—My (1)A local government ma notrequire a notice,pplication,approval,permit,fee,or mitigation for the 7 pruning,trimming,or removal 0 a ‘'ntial property if the roperty owner obtains documentation from . an.aLbor_ist.x:ecLifjed.by.th\e?ernationalSociety of Arboricultureor a Florida licensed landscape architect that the { treepresents a danger to persons or property_. (2)A local government may not require a property owner to replant a tree that was pruned,trimmed,or removed in accordance with this section. (3)This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss.403.9321-403.9333. History.-5.1,ch.2019-155. L Copyright ©1995-2021The FloridaLegislature -Privacy Statement -Contact Us 1 F Agenda Item #2.A.06 Jan 2022Page 136 of 268 tiornposite6 11-4-21 Minutes The Florida House of Representatives Office o Fthe Speaker MEMORANDUM J To:LicensedProfessionals From:Jose R.Oliva,Speaker FloridaHouse of Representatives Date:January 10,-2020 Re:PrivateProperty Rights,Chapter2019-I55,Laws of Florida ‘DeSantis.CS/HB ll59 prohibitsa local government from requiring a notice,applicati As you serve your clients,you may have encounteredlocalgovernment standing in youtiwaor threatening sanctionsor even levying fines for simplydoing what you know,in your traminand experience,to be‘the correct thing to do. Those days are over. Please take note of legislation passed in the 20 l9 sessionand signed into law by GoverporRton n, approval,permit,fee,or mitigation for the pruning,trimming,or removalof a tree on residehtial property when an arboristor landscapearchitectdocuments that the tree presents a dangerto personsor property. E Recently,I reachedout to local officialsto urge them to review any local ordinancest at niiy limit property owners’ability to remove or prune trees.I also advised them that conti ued enforcement of suchregulations may constitute illegal restrictions. If you are aware of specific cases of localgovernment actions restricting the free exerc?seof property owners’rights as specified in CS/HB 1159,please contactour office.We wi be happy to try to assist you in resolving any instance of illegal enforcement. your to this importantissue. 420 The Capitol,402 South MonroeStreet,TALLAHASSEE,FL 32399-1300 Agenda Item #2.A.06 Jan 2022Page 137 of 268 1.My name is MichaelMiller,and i am licensed to practice landscape architecture in the State of Florida as a Registered Landscape Architect (RLA License # LA6666826).~ 2.The facts set forth herein are based on my personal knowledge regarding the 3.In addition to being licensed by the State of Florida as a Registered Landscape 4.On or about July 23,2020,Mr.and Mrs.Bourdon closed on the purchase of their Composite 7 11-4-21 Minutes it? VERFlEDWRITTENDECLARATION OF MICHAEL MlLLER,RLA The undersigned Declarant,Michael Miller,hereby states the following: removalof certain trees from the residential property of Thomas and Kathleen Bourdon,located at 342 19th Street in AtlanticBeach,Florida. Architect since 2006,my education,knowledge,skills,training and professional experience in the ?eld of landscape architecture demonstrate my quali?cations and professional competency to testify and opine on the facts set forth herein;namely: ..._..4._W..As..._.........._.._?......1,.e._..,.......__a...\.«.“.==.m..=..=.=.......~»=...,.,s.....»;.s‘..L.w&..$w..;.s,m.?,.Es_?..s,_~...?<..._..s..,.....s..«a.~_«..a..§.(.c a.lrecelved my Bachelor of Landscape Architecture degree from the University of Floridain 1998. b.l have held several leadership roles in the Florida Chapter of the American Society of Landscape Architects (ASLA)—the national association representing landscape architects throughout the United States —including ; serving as President of the Florida ASLA Chapter in 2013.i c.i am currently employed as a Senior Landscape Architect &Project Manager for England-Thims&Miller,lnc.,a full-serviceengineering and consulting firm with offices located in both North and Central Florida. family's new home at 342 19th Street in AtlanticBeach (the “Bourdon Residence”). Shortly thereafter,and prior to relocating the family to Florida,Mr.Bourdon was advised that he should promptly have certain trees on the property removed,as they posed a danger to both the existing single-family home located on the Bourdon Residence and the property of his adjoining neighbor on the eastern side of the Bourdon Residence. 5.On or about August 1,2020,Mr.Bourdon retained a localtree service company to a total of twenty (20)trees from his property;the remaining 42 trees located inventory of the trees removed from the Bourdon —byemployeeoftheCityofAtlanticBeach—is attached hereto as Composite Exhibit{A1-and incorporated by reference herein.Agenda Item #2.A.06 Jan 2022Page 138 of 268 11 O Composite 7 11-4-21 Minutes On or about August 10,2020,Mr.Bourdon was contacted by an employee of the City of AtlanticBeach and advised that the City's local regulations required him to secure an after-the~factpermit for the removal of those trees from the Bourdon Residence. The City's tree protection regulations require a permit for the removalof any tree identi?ed as a “Legacy Tree"by the City,and Hickory trees are identifiedas one of the types of “Legacy Trees"subject to the City's permitting requirements. One of the trees removed from the Bourdon Residence was a Hickory tree,with a diameter at breast height (DBH)of 24 inches;none of the other trees removed from the Bourdon Residence were “Legacy Trees,"as de?ned by the City's tree protection regulations. in 2019,the Florida Legislature enacted legislation to preempt certain local government regulations regarding the removal of trees on one's residential property;namely,Section 163.045 provides that: "A local government may not require a notice,application,approval, permit,fee or mitigation for the pruning,trimming or removal of a tree on residentialproperty if the property owner obtains documentation from ...a Floridalicensedlandscape architect that the tree presents a danger to persons or property." In my professional opinionas a Florida licensed landscape architect,no permit applicationwas required to remove the Hickory tree from the Bourdon Residence, as —prior to its removal —the tree presented a danger to his property due to its size and proximityto the home’s foundation and roof;as such,per the terms of Section 163.045,Florida Statutes,no permit was required for its removal, notwithstanding any contrary provisions of the City's tree protectionregulations. Similarly,of the remaining nineteen (19)trees that were removed from the Bourdon Residence,fourteen (14)of them -—prior to their removal —presented a danger to persons and/or property located on both the Bourdon Residence and the adjoining neighbor on the eastern side of the Bourdon Residence,due to their location,size and/or health;as such,in my professionalopinion as a Floridalicensed landscape architect,the removalof those fourteen (14)trees was also justified and expressly permitted by State law,notwithstanding any contrary provisions of the City's tree protectionregulations. Residence —including identi?cation of the ?fteen (15)trees which adangertopersonsorpropertyatthetimeoftheirremoval(the "Exempt Trees”),aswellastheforty—two(42)trees that were preserved onsite —is set forth inCompositeExhibit“B"and incorporated by reference herein.Page 2 of 3 Agenda Item #2.A.06 Jan 2022Page 139 of 268 Composite 7 11-4-21 Minutes 13.For all the reasons set forth herein,it is my professional opinion that —per the express terms of Section 163.045,Florida Statutes —the Exempt Trees removed from the Bourdon Residence are not subject to the City’s local regulations which might have otherwiserequired prior notice,application,approval,permits,fees or mitigation for their removal. Under penalties of perjury,I declare that l have read the foregoing recitals and the facts stated in it are true. Executed on this 21st day of October,2021. ICHAELMILL R,RLA Page 3 of 3 Agenda Item #2.A.06 Jan 2022Page 140 of 268 .._....,_,g._,,.4........, Composite 7 11-4-21 Minutes ~_:‘.*'r.'.'.“.'.':‘1_...__..:=:::::-__.-_.3:....:.:-r::.-,::o::w_=—... City of Atlantic Beach Community Development Department 800 SeminoleRoad Atlantic Beach,Florida 32233-5445 Phone:(904)247-5826 Fax:(904)247-5845 Email:Building-Dept@coab.us Permit:TREE20-()()34 Applicant:Thomas Bourdon Address: Site Address:342 19"‘Street Phone: RE#:Email: TREE REMOVAL CALCULATIONS REMOVED Legacy (non-oak)Legacy (oak)Oaks P aims Others Total ProtectedTrees Removed:24 O 0 130 72 226 MitigationNeeded:24 0 0 130 72 226 Trees Retrieved;24”Hickory;8",9”,11",2-14”,16"Trees;8",9”,8-10”,3-l1”Palms MITIGATION Legacy (non-oak)Legacy (oak)Oaks Palms Others Total Credit for Trees Preserved:0 0 0 0 0 0 Credit for Trees Relocated:.0 O 0 0 0 0 Credit for Trees Planted:0 0 0 0 O 0 Total:0 0 0 0 0 0 Trees Preserved:None for credit (trees 3”-5”diameter). Trees Relocated:None for credit. Trees Planted:None for credit. *PlantedLegacy Tree speciesreceiveDOUBLE creditwhen replacingnon-Legacy Trees.The Legacy Tree list includesBald Cypress;Southern and Eastern Red Cedars;Winged and FloridaElms;Live and Sand Live Oaks;Hickory;Pecan;Pignut Hickory;Loblolly Bay;Southernand Sweetbay Magnolias;Red and FloridaMaples;andTupelo. ADDITIONALMITIGATIONREQUIRED(MitigationNeeded--Total) Legacy (non-oak)Legacy (oak)Oaks Palms Others Total New Trees Planted:0 0 0 0 0 226 or Payment Into Tree Fund**:$0.00 $0.00 $0.00 $0.00 $0.00 $33,448.00 or mitigation must be onsite. AdditionalNotes:Mitigation is 1 inch preservedor plantedfor every 2 inchesremoved.Tree Fund rate is $148.00 per inch.Status is in accordancewith the City of AtlanticBeachcode of ordinancesin effect at the time of applicationsubmittal.APPROVEDDENIED .__, H i VT- TPO ADMINISTRATOR DATEI‘tn.2.L».m.»..-:2-,«-L,-':.~.-.'.-.-2-.vr.-rs-.-:r.-,-;-'rr.:1rrzwzwrcmrzmt~.$:=7:m-.¢:nwa.;~..:=’a2=:¢r'.::'rr:r:;::*:7:':::'?:ts:e:211=~:'::rz:._(‘luv‘1<“‘-5~‘.'J:::er='=c3—.'I7ux:x.‘Agenda Item #2.A.06 Jan 2022Page 141 of 268 Composite 7 11-4-21 Minutes EXHIBIT C:TREE MITIGATION WORKSHEET City of Atlantic Beach Community Development Department 800 Seminole Road AtlanticBeach,FL32233 (P)904-247-5800 PERMlT# FOR INTERNALOFFICEUSEONLY Listthe species and diameter at breast height (dbh)of alltrees identified on EXHIBITB lD DBH SPECIES rer::;"V=ingpregangreggngCOMMENTS 1 10"Palm 0 2 24"Hickory J 0 "Legacy Tree"(Sec.23-33(f)(2)(c),ABOrd.Code) 3 11"Tree 0 4 16"Tree 0 S 11"Palm 0 6 10"Palm 0 7 10"Palm 0 8 10"Palm I "l 9 9"Palm 0 10 11"Palm 0 11 9"Tree 0 12 10”Palm 0 13 11"Palm 0 14 10"Palm 0 15 10”Palm 0 16 8"Palm 0 17 14"Tree I G L 8"Tree 0 19 14"Tree 0 2::02 TREEREMOVAL-EXHIBITC:TreeMitigation Worksheet03.01.2018 Agenda Item #2.A.06 Jan 2022Page 142 of 268 :8‘I.I.tvSQI.|‘(<‘\ E3..35%mm:6 8:=3“?u3:O 8;..m“man8:1 mm?LVHHNHWmm?.7N E_£am“Snmm: Ema:8“manmm:A _. .,4 :. 5:3=3inmm; -Wwhu?mwmwQ. ES=2inma:mumm:X .. 1 E5:3inmm;E8:1 ._x mm:‘kminmm:mu8:a MX E_w.w?MmaA @.......Q. E_.&.\o.T§m.aENumm:M.%...:..—......W.f. E_ma=oHKnmm?.1...00..mgmm?33,mw? E_mn_zoa“mumm?atam..wmybWanwwt. E_mn_“mame» 8::2“mu8: .v...5 mH#...wmt.?nmm?>.9_u_ILVN“Numm?Vim»......-..m.......5.3:3anmm:yawnhum.....N:§m,,n.nm.Y.wm..::__>_—.NLV-CN.mtwoqrcoo Agenda Item #2.A.06 Jan 2022Page 143 of 268 Composite 7 11-4-21 Minutes EXHIBIT C:TREE MITIGATION WORKS-HEET City of Atlantic Beach COMPOSITE EXHIBIT "B" Community Development Department 800 Seminole Road Atlantic Beach,FL32233 RLAinventory of Exempt Trees (12)904-247-5500 per Section 163.045,Fla.Stat. List the species and diameter at breast height (dbh)of all trees identifiedon EXHIBIT8 ID DBH SPECIES R°'“°"°"EXEMPT COMMENTS Trees TREES 1 10,.Pan“ ..Lreitingrgfseenéeorivadangertopersonslproperty 2 24,,Hickory ..;r<:ie(:n:r(t)2fs.;aen':aOt1VSangertopersonslproperty 3 11..Tree ..Treepresented danger to persons/property at time oi’removal 4 16..Tree ..geierngre?egtegviangertopersons/property 5 11,,Palm ..2T‘:<at;a‘T‘part:§e;it}e1éd)Vt:ngertopersonslproperty 6 10,,Pam ..Lretltinrérr?egt?gviangertopersons/property 7 10"Palm 0 8 10,,Palm ..lre?ngrs?egt?gvgangertopersonslproperty 9 9..Paim ..;reienI;re;e;i(tTegVdaangertopersonslproperty F 10 11..Pam ..Zresnzrttajegt?gviangertopersonslproperty 11 9"Tree 0 12 10"Palm 0 13 11”Palm 0 14 10,,Palm ..;rei<:n%re;e2rt:gvc§ngertopersons/property 15 10”Palm 0 16 8..Pam,‘ ..g?gnrgrtisegtregviangertopersons/property 17 14..Tree ..;[€.::r‘%f::?2:rB‘gvda?nQEftopersons/property 18 8..Tree ..'£e;‘%r:?e2:§gV:a:ngertopersons/property 19 14..Tree .geltggrejeg?gvgangertopersons/property 20Total%50..TotalDBHbased on the 5 removed trees that did notDBHqualifyasExemptTrees,persec.163.045,Fla.Stat.02 TREEREMOVAL-EXHIBITC:Tree MitigationWorksheet03.01.2078 Agenda Item #2.A.06 Jan 2022Page 144 of 268 cummmu_..:m:<am£3Nqm mam:8>Eman. SE=3ME8.» Ema=3“NE3: Ema=m.33%mm: Es;=m.m5%mm: =E_£3nmmu8: E3;=m.3am»we» EE=3Emumm? bio=3“mmu.3.» ea;=3“mmume» E_mn_=3émume» E_£=3ummnme» 5&0=m.mNmumm: 35.0=mm33mm: .650=.n.“emu$5 Ema=m3»8: 5&0=m3n8: $50=wK38: 559=3inmm.»5.3=3ummnmm:.920=33%mm.»5?.=33%we» E5=m.3“own8.» E_£=33»mm: 55.053nmm: 5:0=winme» $50=33nme» E_£=m.3HQ8: E_mn_=3inme» $50=3ME92» afo=33.3,8: $50=m328.» $50=m.n3aamt $50=3“mu8: $50=m“mu8: $50=m.mKn8.» 550=manme» a?o.3:$50=3“mu3:E_mn_=manmm:.55=3anmm.»mmS:__>_—N-.w-:N2_woaEoo Agenda Item #2.A.06 Jan 2022Page 145 of 268 (P)904-247-5800 Composite 7 11-4-21 Minutes EXHIBIT C:TREE MITIGATION WORKSHEET City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach,FL32233 PRESERVEDTREEINVENTORY List the species and diameter at breast height (dbh)of all trees identified on EXHIBITB ID DBH SPECIES PRESERVE”COMMENTSvases 1 11"Palm 0 T 2 5"Palm 0 3 23"Oak 0 4 9.5"Sweetgum O 5 10” L Sweetgum O 6 8”Sweetgum O 7 8.5”Sweetgum O 8 9"Sweetgum O 9 10" L Sweetgum O 10 7.5”Sweetgum O 11 8"Sweetgum O 12 11"Sweetgum O 13 10"Sweetgum O 14 10”Palm 0 15 12.5"Palm I 16 14"Sweetgum O 17 8"Sweetbay Magnolia O 18 6"Sweetbay Magnolia O 19 11"Palm 0 20 12.5"21 13"Palm 02213"Sweetgum O2312"kPalm O2410“Sweetgum O2512"Palm 002TREEREMOVAL-EXHIBITC:Tree Mitigation Worksheet03.01.2078 Agenda Item #2.A.06 Jan 2022Page 146 of 268 Composite 7 11-4-21 Minutes EXHIBIT C:TREE MITIGATION WORKSHEET City of Atlantic Beach Community Development Department 800 SeminoleRoad AtlanticBeach,FL32233 (P)9O4_247_58O0 PRESERVEDTREEINVENTORY Listthe species and diameter at breast height (dbh)of all trees identified on EXHIBITB PRESERVED ID DBH SPECIES TREES COMMENTS 25 11"Palm 27 8"Sweetgum 28 6"Oak 29 9"Palm 30 3.5"Sweetbay Magnolia P 31 3.5"Sweeibay Magnolia 32 12"Palm 33 12"Palm 35 13"Oak 36 11"Palm 37 11.5"Palm 38 12"Palm 39 9.5"Palm 40 12.5"Palm 41 11"Palm 0 O O O O O 0 O 34 12"Palm 0 C I O O O I O I4211"Palm 02 TREEREMOVAL-EXHIBITC:TreeMitigationWorksheet03.Agenda Item #2.A.06 Jan 2022Page 147 of 268 Comm,3 1 11-4-21 Minutes City of Atlantic Beach 800 Seminole Road Telephone (904)247-5826 www.coab.us CITYOF ATLANTICBEACH Code Enforcement Case #21-987 Thomas Patrick Bourdon—342 19"‘Street CITY'SRESPONSETO Bourdon’sSeptember 1 Submittal To:KarlSanders,Esq.,Counselto Bourdon,via email From:AmandaL.Askew,Director of Planning and Community Developmen Through:Angela irizarry,CodeEnforcement Officer CC:Thomas Patrick Bourdon,via email The HonorableSuzanne Green,Special Magistrate,via email Date:September 14,2021 The City hereby submits the following response to the correspondence and materials you sent to the City on September 1,2021 (the ”September 1 Materials”),regarding the tree code issues at 342 19”"Street,owned"by Thomas Patrick Bourdon.A copy of the two charts included in the September 1 Materialsis attached to thisResponse. The September 1 Materialsraise two distinct issues:first,whether the removal of the trees in August,2020,can qualify for and fall within the scope of Section 163.045(1),Florida Statutes based on the information includedin the September 1 Materials;and second,whether and how many of the trees preserved on site qualify for mitigation credit under former Section 23-33(d) of the City's Code.[Note:Because Mr.Bourdon submitted a tree permit application prior to adoption of the new Tree Code on July 12,2021,the City's review is based on the former Tree Code that was in effect at the time of the permit application.Allreferences to the City's Code are to the former version of the Tree Code.] Pre-emption Under FloridaStatutes A localgovernment may not require a notice,application,approval,permit,fee,or mitigation for the pruning,trimming,or removal ofatreeonresidentialpropertyifthepropertyownerobtainsdocumentationfromanarboristcertifiedbytheinternational Community Development Dept. Atlantic Beach,Florida 32233 ‘#23 Agenda Item #2.A.06 Jan 2022Page 148 of 268 Composite 8 11-4-21 Minutes Society of Arborlculturcor a Florida licensed landscape architect that the tree presents a danger to persons or property. §163.045(1),r.s. The September :1Materialsdo not constitute documentation _f,r,c_>n_1alicensed Floridalanitlscape architect or a certified arborist.No license number or ISAcertification number is included.There is no signature ofthe arborist/landscape architect and it is not dated.in addition,this referenced statute plainlyrequires that the property owner only qualifies for the pre-emption ifthe owner obtains documentationthat a tree "presents”a danger to persons or property.in other words, the question is whether,at the time the tree was still standing,the tree was a danger to person or property.No statement that each of the removedtrees constituted a danger to person or property prior to or at thetime-et—removalfrom a landscape architect/arboristisincludedin the September 1 Materials.Moreover,because it is nowover one year since the trees were removed, it is questionablewhethersuch a statement is now even possible unlessof course the landscape architect/arboristinspectedthe trees prior to removal.if that is not the case,the landscape architect/ariJorist‘sstatement shouldinclude information explainingthe method/basis/industry standards used to makethe after-the~factdetermination.However,the City does not waive its right to contest the legality of an after-the-fact determination. Finally,the September 1 Materialsdo not indicatehow each removedtree meets the ”danger to person or property”factors.For example,in what way did Tree ill as shown on Chartill present a dangerto persons or to property?Blanketstatements are insufficient. Preservation Credits in regards to the second issue raised in the September 1 Materials-namely,how many of the trees preserved on site qualifyfor mitigation credit under Section 23-33(d)of the City's former Tree Code —it is clear that the Code provision has been mis-interpreted in the September 1 Materials,as shown on Chart ll2.Section 23-33(d)provides: Existing onsite trees that are three (3)inches DBHor greater and whichare neither protected nor transplantedmay be utilized as credit towards the assessed mitigation,subject to the other conditionsstated in this section,if preservedonsite. This Code section only permits mitigation credit for trees preserved on site with a DBHof three inches or greater and whichare neither protected under the Codeor transplanted on site.Per qualify for mitigation credits.Specifically,the City agrees that Tree ID in (5”Palm),Tree ID #30(3.5"Sweetbay Magnolia)and Tree ID ll31 (3.5"Sweetbay Magnolia)do qualify for mitigationcredits,subject,however,to inspection by the City verifying the species,size and health of thethreetrees.Agenda Item #2.A.06 Jan 2022Page 149 of 268 Composite8 11-4-21 Minutes Conclusion Based on the reasons stated above,the September 1 Materialsare insufficient,incomplete and inaccurate.As a result,and in on-going good faith negotiations with you,the City requests that you provide additionaldocumentationto the City addressing the insuf?ciencies noted above,no later than October 1,2021.Thisdeadline will permit adequate time prior to the November Code Enforcementhearing for you and the Cityto determine whether a mutually acceptable resolution can be reachedin this case. ,__.._,__..___~..__mmwew~«~.n.sw~e~.n~«\=..§e~.“.~,.e.a~u_“._Agenda Item #2.A.06 Jan 2022Page 150 of 268 Agenda Item #5.A. 06 Jan 2022 Page 151 of 268 IF Or IP a s M c y L_. 4 / W I. 7' f" IIV y r IV M .; b I -.. i,` ... d. IV/ pl 4 F a of \ a wFdI l 'ic VI cl I. v r VI I IV 'INJ, 4 r ittfolt' ' ej r y F VZ AD te4,' /r. q liir§P1 3'/ l `( F. r .f i yyaYs' , 7r v 1=—/.>l4, V C i e . r_ :• 14 33 i ,.T' T ' rte i y IfII F OPS• \ r J 7r >. r INA It 1 If p If IV t' _= v4 lyz. 1 ll l-/ '''' .. 1I;"—..? i%„.. 1 .,Y, -•_ r - VIM, Vl 1 A If PIIIIIPI I,. lis . V. I,yy. }7s r' . PV" arI r•e } ," l +i•.. u r , n' y/ IfAOv ' 'aarno, iY Vt r. r Y . ,' / /iI : J. - r _ Y V IV VIC n' iA Ail VI, IV s ItoI, t' .J. ,:% - ^.'-`la.'-Y:"cr37c..' _ ••'C— !4 ``l- *ad R.' Agenda Item #5.A.06 Jan 2022Page 152 of 268 Ito IFI off off,. ; i , y , 0 , Y , • ,. I f Y[. w a • tr. rofIt Ifoot; soI 00Ae X34 : 4O T ! r I to so v of I o ownt It SqA w , r f, , y Yl4t r! tir yam: it+ l, t.: sq daj . + i + aItfit 1 r• F Y s. t , l Y., J : 1 t: i. t ,. i of ' Itt lit so It I tiIts iow mot 4 1, 41111W It %. 1 iif P . too I , t , [ or c 0 or for ko, tot'. tIts so for I 4F 1. 1N dP>/, foo it t AJ //. r 1s Lijh ' x \ t iG cy y ' i tr JI. Alt. t> r E x i i r ° 1. ns I" i `. / 4, i111 i. t u d IL J las.= J, t I It t " Mr r•. Y , 1 , OR lot i ,. . J.. I I- w' t I i. Y b+- jt mss'._ trot ! -; a ., tn1 ''} i.. St i , z '• Y e so of to i, f, ..,,'. r e, p. ! I ,. • i. aK i' l hf .' t / t •`, 1 + - 91,,•' . , wt* 43 %- i.< J. Y= ani a . o l' a''.'/ It, IFAI to p r. ! fT7 , v "'• 1 YT K !,> fy. 7/ r1t 1I, A - to Ytl1'" OF ' to Agenda Item #5.A. 06 Jan 2022 Page 153 of 268 a . ykY TMIN r Irk 1 • K • , 11.1 y L Itz Ise. Ifj Pr a Pi+r3• _ i'I` t{/' -r ;E ,F .;F `'-L •,`cf;< - i IF LIF r 17 IllILI1 If ILI 0. mL I LL- ILL z _ a L-L_ Imoz OLLW_.: / t _ 40. P - - ILI Ilk ILI- LIP aw - - ice _ • : rry - r ILL - LO If ILI ILI- LAP ILILIP, ILI J _ ILL ILI 144 A; ILIAILL ILL IL- LIL Lf. 44 LL, F _ LP i x ILL s add f II rk rF LI L-LILL 7 * Nr,- r-000 Or ILL. i T l AM ILI_ N, _ _. K.S ••. i;' ``i• TL f -`- ' y -# fes _ } lH _ h ' 3 LI 1fII P .t . .,. m/ fi y ILI i*`• . I l_ • Agenda Item #5.A.06 Jan 2022Page 154 of 268 O w ,/. Art 14 ;, 00 ou li11 l WAMW YI Y !AI I d' oof Ayr AyoP s 1 / AWOk AL rh / 1100'el dd Of 41 do 4 I' i - AN it # ip X FC 4 I t r 910 I r /-.(y,1 r, r i "7 r' ti ts;4 ti w ' - Agenda Item #5.A.06 Jan 2022Page 155 of 268 QWF. f2 a J F QLLC f u Agenda Item #5.A. 06 Jan 2022 Page 156 of 268 Agenda Item #5.A. 06 Jan 2022 Page 157 of 268 1 CITY OF ATLANTIC BEACH A =f 800 SEMINOLE ROAD4s)ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 j''-/- 011 ? 4/20/2021 BOURDON THOMAS PATRICK 342 19TH STREET ATLANTIC BEACH, FL 32233 Real Estate Number: 172020 1242 Case Number: 21-087 Location of Violation: 342 19TH ST, 36-64 09-2S-29E SELVA MARINA UNIT 12-A LOT 5 Atlantic Beach, Florida Dear Property Owner: Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. A code enforcement inspection at 342 19TH ST was conducted on 4/20/2021. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: VIOLATION CODE: Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit, the fee for which shall be two (2) times the normal established application fee specified in section 23-26. In addition, as a condition of the permit,the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2)times the normal established rate of mitigation specified in section 23-33. Sec 23-46. - Violations. Violations, including failure to make proper application for a tree or vegetation removal permit as required by these provisions, or failure to implement any requirements or conditions of a tree or vegetation removal permit, shall be deemed a violation of this chapter, and shall be subject to code enforcement procedures as set forth within chapter 2, article V, division 2 of this Municipal Code of Ordinances and any other remedies available under applicable law. NATURE OF VIOLATION: A stop work order was posted on the property on August 3, 2020 for removal of trees on the property prior to issuance of a tree removal permit. A tree removal application was received on 8/19/2020. To date, no approved mitigation plan has been implemented. Agenda Item #5.A. 06 Jan 2022 Page 158 of 268 This letter requests that the noted violation(s) be corrected by obtaining and implementing an approved mitigation plan within ten (10) days of the receipt of this notice. Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-5855 or airizarry@coab.us if you have any questions or need additional information. I, x- at1 e IDgI-efarNi hereby swear and affirm that the above statement is true and accurgt . rely, Angela Irizarry CODE ENFORCEMENT Agenda Item #5.A. 06 Jan 2022 Page 159 of 268 i ` s CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD Z-1,.:NJ j ATLANTIC BEACH,FL 32233 PHONE (904)247-5800 o , '- CERTIFIED RETURN RECEIPT tri7017 0660 0000 3856 7280 5/10/2021 BOURDON THOMAS PATRICK 342 19TH STREET ATLANTIC BEACH, FL 32233 Real Estate Number: 172020 1242 Case Number: 21-087 Location of Violation: 342 19TH ST, 36- 64 09-2S-29E SELVA MARINA UNIT 12-A LOT 5 Atlantic Beach, Florida Dear Property Owner: Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. A code enforcement inspection at 342 19TH ST was conducted on 4/20/2021. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: VIOLATION CODE: Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1)Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit,the fee for which shall be two (2)times the normal established application fee specified in section 23-26. In addition, as a condition of the permit,the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2)Regulated trees removed in violation of this chapter shall be assessed at two (2)times the normal established rate of mitigation specified in section 23-33. Sec 23-46. -Violations. Violations, including failure to make proper application for a tree or vegetation removal permit as required by these provisions, or failure to implement any requirements or conditions of a tree or vegetation removal permit, shall be deemed a violation of this chapter, and shall be subject to code enforcement procedures as set forth within chapter 2, article V, division 2 of this Municipal Code of Ordinances and any other remedies available under applicable law. NATURE OF VIOLATION: A stop work order was posted on the property on August 3, 2020 for removal of trees on the property prior to issuance of a tree removal permit. A tree removal application was received on 8/19/2020. To date,no approved mitigation plan has been implemented. Agenda Item #5.A. 06 Jan 2022 Page 160 of 268 This letter requests that the noted violation(s) be corrected by obtaining and implementing an approved mitigation plan within ten (10) days of the receipt of this notice. Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-5855 or airizarry@coab.us if you have any questions or need additional information. 1-i2I, Q r hereby swear and affirm that the above statement is true and accur e. cerely, Angel izarry CODE ENFORCEMENT Agenda Item #5.A. 06 Jan 2022 Page 161 of 268 ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and d. A. Signature Print yekr name and address or-the reverse X l ent so that we can return the card to you. Addresse Attach this card to the back of the mailpiece,B. Received by(Printed Name) C. Date of Deliver or on the front if space permits. C—( ' ' -L-Z_9 S-- - ZG 1 1. Article Addressed to: D. Is delivery address different from item 1? El Yes If YES,enter delivery address below: No DGAi-13 c C a1_0-7 II I I 11 III 11111111 1IIII I I II I I II I I 3. Service Type Adult S gn turee Restricted Delivery 00 Registered0 PriorilMail RestrictExpress 9590 9402 4495 8248 3545 96 Certified Mail® Return0CertifiedMailRestrictedDelivery Return Receipt for Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation, 0 Signature Confirmation 7 017 0660 0000 3856 7280 Restricted Delivery Restricted Delivery DS Form 3811_July 2015 PSN 7530-02-000-9053 Domestic Return Receicr Agenda Item #5.A.06 Jan 2022Page 162 of 268 USPS TRACKING# II I I 111 First-Class Mail ISI ( I i II 1: t7C)I Postage&Fees Paid I I i l. IUSPS Permit No.G-10 9590 9402 4495 8248 3545 96 United States Sender: Please print your name,address,and ZIP+4°in this box* Postal Service RECEIVED CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD MAY 17 20?.1 ATLA TIC BEACH,FLORIDA 32233 040'. I t En-Q.:6cA Per•i r.i lllr f}!!'r}}I Iilrrrrr}rrlr,r Ir,rrulrllrr lrrrr}r!!r!Agenda Item #5.A.06 Jan 2022Page 163 of 268 0 yLyrJrl CODE ENFORCEMENT e N q , `' ill CITY OF ATLANTIC BEACH, FLORIDA4-_, apit) r) NOTICE OF HEARING WO 6/3/2021 Case Number: 21-087 BOURDON THOMAS PATRICK Certified Mail Return Receipt: 342 19TH STREET 7013 1710 0002 1691 3705 ATLANTIC BEACH, FL 32233 Property Address: 342 19TH STREET ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on July 8,2021 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road,to answer and be heard on the following alleged violations on the property known as 342 19TH ST, 36-64 09-2S-29E SELVA MARINA UNIT 12-A LOT 5 Atlantic Beach, Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances 1. Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1)Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit, the fee for which shall be two (2) times the normal established application fee specified in section 23-26. In addition, as a condition of the permit,the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23- 33. 2. Sec 23-46. - Violations, including failure to make proper application for a tree or vegetation removal permit as required by these provisions, or failure to implement any requirements or conditions of a tree or vegetation removal permit, shall be deemed a violation of this chapter, and shall be subject to code enforcement procedures as set forth within chapter 2, article V, division 2 of this Municipal Code of Ordinances and any other remedies available under applicable law. STATEMENT OF CODE ENFORCEMENT OFFICER: A stop work order was posted on the property on August 3,2020 for removal of trees on the property prior to issuance of a tree removal permit. A tree removal application was received on 8/19/2020. To date, no approved mitigation plan has been implemented. If the violation is corrected and then recurs or if the violation was not corrected by the time specified for correction by the Code Enforcement Officer in the Notice of Violation that you received,the case may be Page 1 of 2 Agenda Item #5.A. 06 Jan 2022 Page 164 of 268 presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. I, ‘-VOR vQ -, \_! f N hereby swear and affirm that the above statement e and curate. 62_ A eaI Code Enforcement Office , ' of Atlantic Beach ATTEST: e;<cln Kim Flower, Records Clerk U.S. Postal Service T,., CERTIFIED MAIL,. RECEIPT art (Domestic Mail Only;No Insurance Coverage Provided)Lc-2 m For delivery information visit our website at www.usps.COm® ra a- J3 Postage $ rR Certified Fee IU Postmark D Return Receipt Fee Here O (Endorsement Required) O Restricted Delivery Fee O (Endorsement Required) rR N Total Postage&Fees r9 111 Sent ToTailsictxi.ack Bou 0on ..1 —0 r or PO Box No. Street,Apt.N. 3!....1„2, i Q st re of Cary,State,ZIP+4 A 3, 33 PS Form 3800,August 2006 See Reverse for Instructions Page 2 of 2 Agenda Item #5.A. 06 Jan 2022 Page 165 of 268 ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3. A. Signature Print your name and address on the reverse X cli (7 0 Agent so that we can return the card to you.0 Addressee I Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Deliver) or on the front if space permits.C— I rl f Z 4 J Z Z I. Article Addressed to: ..D. Is delivery address different from item 1? 0 Yes hovna C f1 fret £aurdpil If YES,enter delivery address below: 0 No CE L1 - lo? 7 11111 III Ell HI nil. I III I III 3. Service Type 0 Adult Signature Priority Mail Express 0 Registered MaiIT^ 0 Adult Signature Restricted Delivery 0 Registered Mail Restrict( Certified Mail® Delivery 9590 9402 4495 8248 3547 70 0 Certified Mail Restricted Delivery 0 Return Receipt for Collect on Delivery Merchandise Article Number(Transfer from service label) Collect on Delivery Restricted Delivery 0 Signature Confirmation.. ail 0 Signature Confirmation 7013 1?10 n 0 n n 1691 3705 all Restricted Delivery Restricted Delivery DI S Form 3811.July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Agenda Item #5.A.06 Jan 2022Page 166 of 268 Irizarry,Angela From: Irizarry,Angela Sent: Tuesday, July 6, 2021 11:31 AM To: Karl J. Sanders'; Askew, Amanda Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Good Morning, I just tried to call you back and left you a voicemail. According to our records, Amanda offered the two options for moving forward on June 9. As of today, we still have not received an application for either option. I will be happy to forward your written request to the magistrate for an extension but we need to make sure things keep moving forward. This original stop work order was posted back in August of 2020 which prompted Mr. Bourdon to submit an after the fact permit application after which communication ceased. Notices were sent in April, May and then the hearing notice in June. From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent:Tuesday,July 6, 2021 11: 19 AM To:Askew, Amanda <aaskew@coab.us>; Irizarry,Angela <alrizarry@coab.us> Subject: Re: Tree Removal/Permit Issue at 342 19th Street(Bourdon Property) Hey, Angela. I tried to call you last week, but your voicemail was full . . . I just left a voicemail at your office a few minutes ago. Amanda and I spoke again last Monday, June 28, regarding the status of this matter. I advised her that Mr. Bourdon has retained a landscape architect to review the tree removal/mitigation issues, and he is currently reviewing the City's mitigation calculations and compiling a list/size of the trees that Mr. Bourdon preserved to determine whether he is entitled to any credits for same. We anticipate that he will have completed his research/review within the next 7 — 10 days, at which point we will resume/finalize discussions with Amanda's team. In light of the fact that we are actively trying to resolve this issue (i.e., the tree mitigation calculations), we were under the impression that the Code Enforcement hearing would be continued/deferred to the next scheduled hearing date so that we could finalize these discussions and, hopefully, avoid the need for any hearing. Additionally, I have a previously scheduled work commitment this week Wednesday evening through Friday), and will not even be in town this week for any hearing. Could you please confirm that this hearing will be continued/deferred, or otherwise let me know what additional information/documentation that you need from me to confirm same? Thanks so much, and please feel free to give me a call if you'd like to discuss further. Best regards, Karl Agenda Item #5.A. 06 Jan 2022 Page 167 of 268 Karl J. Sanders, Esq. KiS kjsanders©kjslawpa.com 904.868.7929 I Office LA v, 561.386.1216 I Mobile From: Amanda Askew <daskew@coab.us> Date:Tuesday, July 6, 2021 at 10:46 AM To: "Irizarry,Angela" <alrizarry@coab.us> Cc: "Karl J. Sanders" <kjsanders@kislawpa.com> Subject: FW: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Good morning Angela, You inquired about the status of this case since it is scheduled to go before the special magistrate on 7/8. I spoke with Mr. Sanders (attorney for property owner) on 6/ 9 about the tree permit removal process. We have not received any documents/request for this property since the email was sent below. From:Askew, Amanda Sent: Wednesday,June 9, 2021 4:07 PM To: 'Karl J. Sanders' Cc: Genest, Abrielle (agenest@coab.us); Irizarry,Angela Subject: RE:Tree Removal/Permit Issue at 342 19th Street(Bourdon Property) Attached you will find info. about the two permits (roof and remodel) for 342 19th Street. To appeal staff's interpretation of Chapter 23 (i.e., size, type and number of trees) you would follow section 23-52(g)(2). We have not officially issued a draft permit. In order to appeal, the applicant has to do so within 5 business days of the written draft permit approval. We would issue a draft permit approval with conditions (conditions would be the replanting and/or payment shown on the tree removal calculations form). Let us know if you want to go this route and we'll issue you an official permit with conditions so that you can appeal. To seek a variance or reduction in the total trees to be mitigated you would use the waiver process. It is much like a variance process but instead of going to the Community Development Board it goes directly to City Commission. I have included the minutes and a PowerPoint from the last tree waiver the city conducted for you to review. 2 Agenda Item #5.A. 06 Jan 2022 Page 168 of 268 From:Askew, Amanda Sent: Wednesday,June 9, 2021 10: 34 AM To: 'Karl J. Sanders' Cc: Irizarry,Angela Subject: RE:Tree Removal/Permit Issue at 342 19th Street(Bourdon Property) How about 3pm today? From: Karl J. Sanders [mailto:kisanders@kislawpa.com] Sent:Tuesday,June 8,2021 5:26 PM To: Askew, Amanda Cc: Irizarry,Angela Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Amanda. Thanks so much for the reply . . . my schedule is pretty flexible tomorrow afternoon . I'm available from noon-4:00 (have to leave office for another meeting at 4:30). Let me know what works best for your during that timeframe and we'll get it scheduled/confirmed . . . I can either do a zoom call or "old school" conference call . . . whichever you prefer. Also, I received an email from my client yesterday regarding another Code Enforcement Notice that he received (see attached). This notice states that the matter has been set for hearing on July 8? I'm assuming that Code Enforcement did not receive word that you and I have been communicating/attempting to schedule a time to discuss this matter (and, hopefully, resolve same). Ms. Irizarry — I'd like to see if the noticed hearing will be canceled or otherwise continued/held in abeyance until such time as Amanda and I have had a chance to try and work through these issues. Of course, if we are unable to come to a mutually agreeable resolution of the issues, the hearing could be regarding-noticed for a future date. But, again, I'm hopeful that won't be necessary. Please let me know your thoughts on this. Amanda — Just shoot me an email with a time that works best for you between noon and 4:00 tomorrow (and preference for either Zoom or Conference Call), and I'll send you an invite to confirm same. Thanks again, and talk soon. Best regards, Karl Karl J. Sanders, Esq. KS kjsanders@>kjslawpa.com 904.868.7929 I Office LAW,.x 561.386.1216 I Mobile 3 Agenda Item #5.A. 06 Jan 2022 Page 169 of 268 From: Amanda Askew <aaskew@coab.us> Date: Monday, June 7, 2021 at 9:38 AM To: "Karl J. Sanders" <kjsanders@kislawpa.corn> Cc: "Irizarry,Angela" <alrizarry@coab.us> Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey Karl, I'm looping in the code enforcement officer, so she knows you are communicating with us. I'll be happy to meet/zoom/conf call with you. I'm available: Tuesday (6/8) 9am or 10am Wednesday open all day Thursday 2pm or 3pm From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Friday,June 4, 2021 4:59 PM To: Askew, Amanda Subject: Re:Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Amanda. I left you a vm message just a little while ago and wanted to follow-up with a quick email. I was hoping that we could schedule a date/time next week to discuss the status of this matter and potential options for resolving same. Please let me know what date(s)/time(s) might work best for you. Looking forward to it! Talk soon. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 I Office LAWPA 561.386.1216 I Mobile From: "Karl J. Sanders" <kisanders@kislawpa.com> Date:Thursday, May 20, 2021 at 6:14 PM To: Amanda Askew<aaskew@coab.us> Subject: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey Amanda. I just left you a voicemail message at the office, and wanted to follow-up with a quick email. Actually, I thought I had sent an email to you when we last spoke two weeks ago on May 6, but I just now saw that it's in my "Drafts" folder for some reason (I'm guessing I must have had a computer/server issue and it rebooted before sending). 4 Agenda Item #5.A. 06 Jan 2022 Page 170 of 268 At any rate, I'd like to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Tom Bourdon) has been trying to resolve with City Staff since August of last year. As we discussed a couple of weeks ago, Mr. Bourdon received a letter from Code Enforcement about this issue last month, and my understanding was that those efforts would be put on hold until you had a chance to review the file again and re-familiarize yourself with the issues so the two of us could discuss a potential resolution of same. That being said, Mr. Bourdon notified me that he received a certified-mail letter from Code Enforcement this week (see attached), so I wanted to reach out again and ensure that this matter (Code Enforcement Case No. 21-087) was being held in abeyance, pending our efforts to see if we could work out a mutually agreeable solution to those issues. For your ease of reference, I've attached a copy of both the tree mitigation proposal ($33,448.00) that the City previously sent to Mr. Bourdon, as well as the above-referenced Code Enforcement notice dated 05/10/21. Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcement has been advised of same). Assuming that we are in agreement on the status, let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirm a date to meet/discuss in detail. Thanks again for your attention to this matter, and I look forward to hearing from you again soon. Best regards, Karl Karl J. Sanders, Esq. s kjsanders@kjslawpa.com 1 904.868.7929 I Office LAW.A 561.386.1216 I Mobile Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request.Your email communications, including your email address, may therefore be subject to public disclosure. 5 Agenda Item #5.A. 06 Jan 2022 Page 171 of 268 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7017 1000 0000 7000 3068 vs. Property Address: 342 19th St. Thomas Patrick Bourdon Atlantic Beach, FL 32233 342 19th St. Atlantic Beach, FL 32233 Respondent. CASE NUMBER: 21-087 REAL ESTATE NUMBER: 172020 1242 LEGAL DESCRIPTION: 36-64 09-28-29E SELVA MARINA UNIT 12-A LO 5,ATLANTIC BEACH, FL ORDER ON CASE No. 21-087 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on July 8, 2021, 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 owns the property located at 342 19th St., Atlantic Beach, Florida. 2. Notice of the hearing was sent by Certified Mail and signed for by the Respondent. 3. The Respondent was represented by Mr. Zach Miller. The Respondent was cited for violation of Sec. 23-51 (d) and Sec 23-46 for failing to make proper application for tree or vegetation removal permit and then failing to immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties as specified in Section 23-33. 4. The City of Atlantic Beach issued a stop work Order on August 3, 2020. A tree removal application was received on August 19, 2020. However, to date no mitigation plan has been implemented. 5. Counsel for the Respondent stated that they are researching the issue of contesting the allegation of"inches" of the tree or money to contest the allegations. 6. The City of Atlantic Beach requested that the Respondent stay active in this matter and within 7-10 days either submit mitigation or provide documentation as to whether the Respondent is waived from the Code Sections. 7. Counsel for the Respondent stated they are reviewing whether F.S. 163 chapters 1450 or 4530 are applicable. They requested 30 days to obtain a certified landscape architect report to determine if the trees were "damaged" or "bad" trees pursuant to the statute. Agenda Item #5.A. 06 Jan 2022 Page 172 of 268 8. The City of Atlantic Beach requested if the report is not provided and the matter rectified, then the matter should be placed on the agenda for the September 2, 2021 meeting. CONCLUSIONS OF LAW 9. The Respondent was provided proper notice of the violation and hearing and was represented by Counsel. Respondent stated they will be actively researching the mitigation ordinance and the requisite Florida Statute to determine proper compliance. The City of Atlantic Beach agreed to require the report within thirty (30) days and if not rectified, be placed on the September 2, 2021 agenda. 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: THAT the Respondent shall forthwith seek to obtain a certified landscape architect report regarding the status of the trees and rectify the mitigation. If the matter is not rectified, the issue will be placed on the September 2, 2021 agenda for determination of compliance. DONE AND ORDERED THIS 21ST DAY OF JULY, 2021. CITY OF ATLANTIC BEACH, FLORIDA CODE ENF RCEMENT SPECIAL MAGISTRATE ATTEST: 4</i4/16,AW,+13 Kimberl . Flower, Records Clerk Suzantp' 7 Green, Special Magistrate Executed this 21st day of July 2021. PLEASE NOTE: Florida Statutes § 162.11 requires that any appeal of this order must be filed in the circuit court for Duval County within 30 days of this order's execution. 7017 1000 0000 7000 3068 N h N o`" m m6' T Q D D (, aD , F, y O O \/O ( ^ i 9 (O c a 2 p(h m ; m S. a My; 3 m a,5 a 4 4 g x9mo" N 2 d m.y ,,'' X (o g p D a o1 a ?„,,W.'3=7,1 s ' -n g l g a74. .r g 2 y cn, m DCD m ::.,:- C O Q a f 11 Agenda Item #5.A. 06 Jan 2022 Page 173 of 268 ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3. A. Signature Print your name and address on the reverse x C ? 0 Agent so that we can return the card to you. 0 Addresse Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Deliver or on the front if space permits.C.-- 1 Zt Z y L Y-111- 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes J ` ) If YES,enter delivery address below: EI No lel OyY)0S P {v'ICK U 1111111 III 11111111111111111 III I I I 1111 Ace Type dult SignSignature Restricted D0 Priority Mail elivery 00 Registered Man" Registered Mail Restrict t 9590 9402 4495 8248 3546 95 0 Certified Mail® Delivery Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation, wed Mail 0 Signature Confirmation 7 017 1000 0000 7000 3068 wed Mail Restricted Delivery Restricted Delivery r seoo) ac Fnrm 3811 .Inly 2111 t PRN 7 n_ro_nnn-enss Domestic Return Receio Agenda Item #5.A.06 Jan 2022Page 174 of 268 USPS TRACKING# First-Class Mail 011ill 10. 11:111I Postage&Fees Paid l! , II II SPS Permit No.G-10 9590 9402 4495 8248 3546 95 United Sates Sender: Please print your name,address, and ZIP+4®in this box• Postal S rvice Crri OF ATLANTIC BEACH C r—d00 SEMIMOLE ROAD ATLANTIC BEACH,FLORIDA 32233CMLNDN O N 1J!!!iiiiiiiiiip iji!!!(Jiiiiilliiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii Agenda Item #5.A.06 Jan 2022Page 175 of 268 1 Irizarry,Angela From:Karl J. Sanders <kjsanders@kjslawpa.com> Sent:Friday, July 23, 2021 4:33 PM To:Askew, Amanda Cc:Irizarry,Angela Subject:Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Hey, Amanda. Just wanted to send you a quick status update on this matter. As we last discussed a couple of weeks ago, my client and I have been working with a local landscape architect in connection with evaluating/identifying (1) the trees that were removed due to their status as posing a danger to persons or property, per Section 163.045, Fla. Stat., (2) the size/type of trees that were preserved, and (3) the resulting mitigation assessment (including associated credits for both the preserved trees and those which were identified as posing a danger). At this point, we have identified 43 trees that were preserved on-site and appear to meet the City’s minimum size for preservation credits. Our landscape architect is finalizing his review and analysis, and I expect to have a detailed report/proposal from him in short order. Once I have that information, I will promptly forward it to you for the City’s review and consideration, and we can continue/finalize our discussions regarding a potential resolution of these issues and what additional steps, if any, need to be taken in order to close out this file. As always, I appreciate your time and assistance in trying to work through these issues, and I look forward to speaking with you again soon. Have a great weekend! Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 561.386.1216 Office Mobile Agenda Item #5.A. 06 Jan 2022 Page 176 of 268 CODE ENFORCEMENT jteIA 7610 CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 8/2/2021 Case Number: 21-087 BOURDON THOMAS PATRICK Certified Mail Return Receipt: 342 19TH STREET 7017 0660 0000 3856 5224 ATLANTIC BEACH, FL 32233 Property Address: 342 19TH STREET ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on September 2, 2021 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 342 19TH ST, 36-64 09-2S-29E SELVA MARINA UNIT 12-A LOT 5 Atlantic Beach, Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances 1. Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1)Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit, the fee for which shall be two (2) times the normal established application fee specified in section 23-26. In addition, as a condition of the permit,the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23- 33. 2. Sec 23-46. - Violations, including failure to make proper application for a tree or vegetation removal permit as required by these provisions, or failure to implement any requirements or conditions of a tree or vegetation removal permit, shall be deemed a violation of this chapter, and shall be subject to code enforcement procedures as set forth within chapter 2, article V, division 2 of this Municipal Code of Ordinances and any other remedies available under applicable law. STATEMENT OF CODE ENFORCEMENT OFFICER: A stop work order was posted on the property on August 3, 2020 for removal of trees on the property prior to issuance of a tree removal permit. A tree removal application was received on 8/19/2020 but no approved mitigation plan has been implemented. At the July hearing, your counsel indicated that you were working with a landscape architect to review this issue. The Magistrate ordered that a report be submitted to the City within 30 days. This case will be heard before the Magistrate at the September hearing to report on the status of compliance. Page 1 of 2 Agenda Item #5.A. 06 Jan 2022 Page 177 of 268 If the violation is corrected and then recurs or if the violation was not corrected by the time specified for correction by the Code Enforcement Officer in the Notice of Violation that you received,the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. I, ( \ç ' -e 1 3 f` ` ( hereby swear and affirm that the above statement is lig e andAccurate. Angela I4g arry Code Enforcement Officer, City of Atlantic Beach ATTEST: 44J c) Kim Flower, Records Clerk 7017 0660 0000 3856 5224 O (A W nnm 9 p 0 C 3 § m°5$ > > O a Fmcn P + m mD9 0 oG maNm 2 g a o m — z SVS o P o r— g m n F m y r o y 3 2 n 0 0m Page 2 of 2 Agenda Item #5.A. 06 Jan 2022 Page 178 of 268 USPS Tracking® FAQs > Track Another Package + Tracking Number: 70170660000038565224 Remove X Your item was delivered to an individual at the address at 1:38 pm on August 5, 2021 in ATLANTIC BEACH, FL 32233. Delivered, Left with Individual cp August 5, 2021 at 1:38 pm 0_ ATLANTIC BEACH, FL 32233 2) Get Updates u Text & Email Updates u Tracking History August 5, 2021, 1:38 pm Delivered, Left with Individual ATLANTIC BEACH, FL 32233 Your item was delivered to an individual at the address at 1:38 pm on August 5, 2021 in ATLANTIC BEACH, FL 32233. August 4, 2021, 8:35 pm Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Agenda Item #5.A. 06 Jan 2022 Page 179 of 268 August 3, 2021, 7:41 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information u See Less /\ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs m CD Q a- a) Agenda Item #5.A. 06 Jan 2022 Page 180 of 268 1 Irizarry,Angela From:Karl J. Sanders <kjsanders@kjslawpa.com> Sent:Wednesday, August 18, 2021 12:46 PM To:Irizarry,Angela Cc:Askew, Amanda Subject:Re: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Hey, Angela. I’ve been out of town and “off the grid” for the past few weeks dealing with family stuff . . my father, who lived in Phoenix, was discharged to hospice care the last week of July and passed away 2 weeks ago. I just got back to Jax late Sunday night and have been playing catch up at the office this week. I reached out to our landscape architect this morning to schedule a call for a status update on his findings/report, and I expect that we will have a confirmed date/time to speak before the end of this week. I will circle back with you and Amanda with a status update after I’ve spoken with him. Thanks, and talk soon. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 561.386.1216 Office Mobile From:Angela Irizarry aIrizarry@coab.us> Date:Wednesday,August 18,2021 at 10:56 AM To:Karl Sanders kjsanders@kjslawpa.com> Subject:RE:Status Update re Tree Removal/Mitigation Issue for 342 19th St Code Enforcement Case No.21 087) Karl, Good morning.I wanted to check in with you on the status of the arborist report and let you know that we have not seen anything from your landscape architect yet.Can you tell me where you are on this? From:Karl J.Sanders mailto:kjsanders@kjslawpa.com] Sent:Friday,July 23,2021 4:33 PM To:Askew,Amanda aaskew@coab.us> Page 1 of 2 Agenda Item #5.A. 06 Jan 2022 Page 181 of 268 2 Cc:Irizarry,Angela aIrizarry@coab.us> Subject:Status Update re Tree Removal/Mitigation Issue for 342 19th St Code Enforcement Case No.21 087) Hey, Amanda. Just wanted to send you a quick status update on this matter. As we last discussed a couple of weeks ago, my client and I have been working with a local landscape architect in connection with evaluating/identifying (1) the trees that were removed due to their status as posing a danger to persons or property, per Section 163.045, Fla. Stat., (2) the size/type of trees that were preserved, and (3) the resulting mitigation assessment (including associated credits for both the preserved trees and those which were identified as posing a danger). At this point, we have identified 43 trees that were preserved on-site and appear to meet the City’s minimum size for preservation credits. Our landscape architect is finalizing his review and analysis, and I expect to have a detailed report/proposal from him in short order. Once I have that information, I will promptly forward it to you for the City’s review and consideration, and we can continue/finalize our discussions regarding a potential resolution of these issues and what additional steps, if any, need to be taken in order to close out this file. As always, I appreciate your time and assistance in trying to work through these issues, and I look forward to speaking with you again soon. Have a great weekend! Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 561.386.1216 Office Mobile Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us.Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach.Florida has a very broad Public Records Law.Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request.Your email communications,including your email address,may therefore be subject to public disclosure. Page 2 of 2 Agenda Item #5.A. 06 Jan 2022 Page 182 of 268 Irizarry,Angela From: Karl J. Sanders <kjsanders@kjslawpa.com> Sent: Wednesday, September 1, 2021 5:30 PM To: I rizarry,Angela Cc:Askew, Amanda Subject: Re: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Attachments: CE -- AB Tree Removal Calcs inventory site plan .pdf; CE -- RLA Tree Removal & Preservation Calcs inventory site plan .pdf Hey, Angela. As discussed, my client's landscape architect has completed his review/analysis of the removed trees and mitigation issues for Mr. Bourdon, and it appears that the City's initial mitigation calculations failed to account for the on-site tree preservation credit towards the assessed mitigation for the removed trees. Bottom line is that Mr. Bourdon preserved a total of 42 trees on-site that were 3" DBH or greater, resulting in a total of 433" inches of credit that is available to be used to offset the assessed mitigation number that the City calculated (i.e., 266") and thereby satisfying the City's proposed mitigation number. Per your request, I'm providing you with a summary of his findings now so that you will have that information available to share with the Special Magistrate and confirm that we have now secured and forwarded those findings to the City. Once Amanda returns back to the office (my understanding is that she's out of town this week at a work conference), I will circle back with her to discuss both the findings and next steps (if any). Lastly, as I have previously represented to both you and Angela, our agreement to make a good-faith effort to seek a mutually agreeable resolution of these issues does not mean that my client has admitted to the alleged code enforcement violation that is now pending before the Special Magistrate; rather, we expressly reserved our right to challenge the alleged violation, in the event that the parties were not able to come to an agreement on the proposed mitigation numbers. Again, once Angela returns and has an opportunity to review our findings, we will be able to resume those discussions and, hopefully, put this matter to rest. In the meantime, here's a summary of our landscape architect's findings. Additionally, as backup — and for your ease of reference — I've also attached pdf copies of both the City's initial calculations with site plan of removed trees and inventory) and our architect's findings (with site plan of preserved trees and inventory): City Tree Removal Calculations 1. 20 trees removed (total 226") 2. No credits for any trees preserved (per Sec. 23-33(d) of AB Tree Protection Code, "existing onsite trees that are 3 inches DBH or greater and which are neither protected nor transplanted may be utilized as credit towards the assessed mitigation . . . if preserved onsite) 3. City's Mitigation Assessment = 226" in new plantings or Tree Fund payment ($148/inch) of 33,448 Landscape Architect Calculations 1. 20 trees removed (total 226") Agenda Item #5.A. 06 Jan 2022 Page 183 of 268 2. 15 trees presented danger to persons or property (total 176"), per Section 163.045, Fla. Stat., and therefore not subject to local permitting/mitigation regulations 3. 5 trees did NOT present danger to persons or property (total of 50"), and therefore are subject to local permitting/mitigation regulations 4. Landscape Architect's Mitigation Assessment = 50" in new plantings or Tree Fund payment 148/inch) of $7,400 Mitigation Credit for Preserved Trees 1. 42 trees preserved onsite that are 3 inches DBH or greater 2. Total DBH of the 42 preserved trees = 433" Mitigation Required for Removed Trees = NONE 1. Tree Preservation Credit - City's Tree Removal Calculations): 433" preserved minus 226" required = 207"surplus 2. Tree Preservation Credit - Landscape Architect's Tree Removal Calculations): 433" preserved minus 50" required = 383"surplus Thanks again, and just let me know if you have any questions. I'll be sure to keep you posted with updates on my discussions with Amanda and her staff next week. Talk soon. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com AAA/ 904.868.7929 I Office LL 1. 1 PA 561.386.1216 I Mobile From: Karl Sanders<kjsanders@kjslawpa.com> Date: Wednesday, August 18, 2021 at 12:45 PM To: Angela Irizarry <alrizarry@coab.us> Cc: Amanda Askew <aaskew@coab.us> Subject: Re: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21- 087) Hey, Angela. I've been out of town and "off the grid" for the past few weeks dealing with family stuff . . my father, who lived in Phoenix, was discharged to hospice care the last week of July and passed away 2 weeks ago. I just got back to Jax late Sunday night and have been playing catch up at the office this week. I reached out to our landscape architect this morning to schedule a call for a status update on his findings/report, and I expect that we will have a confirmed date/time to speak before the end of this week. I will circle back with you and Amanda with a status update after I've spoken with him. 2 Agenda Item #5.A. 06 Jan 2022 Page 184 of 268 Thanks, and talk soon. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 I Office LAW, 561.386.1216 I Mobile From: Angela Irizarry<alrizarry@coab.us> Date: Wednesday, August 18, 2021 at 10:56 AM To: Karl Sanders <kjsanders@kjslawpa.com> Subject: RE: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21- 087) Karl, Good morning. I wanted to check in with you on the status of the arborist report and let you know that we have not seen anything from your landscape architect yet. Can you tell me where you are on this? From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Friday,July 23, 2021 4:33 PM To: Askew, Amanda <aaskew@coab.us> Cc: Irizarry,Angela <alrizarry@coab.us> Subject: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Hey, Amanda. Just wanted to send you a quick status update on this matter. As we last discussed a couple of weeks ago, my client and I have been working with a local landscape architect in connection with evaluating/identifying (1) the trees that were removed due to their status as posing a danger to persons or property, per Section 163.045, Fla. Stat., (2) the size/type of trees that were preserved, and (3) the resulting mitigation assessment (including associated credits for both the preserved trees and those which were identified as posing a danger). At this point, we have identified 43 trees that were preserved on-site and appear to meet the City's minimum size for preservation credits. Our landscape architect is finalizing his review and analysis, and I expect to have a detailed report/proposal from him in short order. Once I have that information, I will promptly forward it to you for the City's review and consideration, and we can continue/finalize our discussions regarding a potential resolution of these issues and what additional steps, if any, need to be taken in order to close out this file. As always, I appreciate your time and assistance in trying to work through these issues, and I look forward to speaking with you again soon. Have a great weekend! 3 Agenda Item #5.A. 06 Jan 2022 Page 185 of 268 Best regards, Karl Karl J. Sanders, Esq. kjsanders@ikjslawpa.com 904.868.7929 I Office LAWP„ 561.386.1216 I Mobile Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request.Your email communications, including your email address, may therefore be subject to public disclosure. 4 Agenda Item #5.A. 06 Jan 2022 Page 186 of 268 10tC erg- 2 it, mak1 OkcoVect 91% I a 0—w- EXHIBIT C: TREE MITIGATION WORKSHEET I City of Atlantic Beach J Community Development Department v 800 Seminole Road Atlantic Beach,FL 32233 Landscape Architect's 01119 (P) 904-247-5800 Calculations(Removed Trees) List the species and diameter at breast height(dbh)of all trees identified on EXHIBIT B ID DBH SPECIES COMMENTS X°= °[)"= Sec.163.045 removing preserving Preemption 1 10" Palm 2 24" Hickory 3 11" Tree 4 16" Tree 5 11" Palm 6 10" Palm 7 10" Palm 8 10" Palm 9 9" Palm 10 11" Palm 11 9" Tree 12 10" Palm 13 11" Palm 14 10" Palm 15 10" Palm 16 8" Palm 17 14" Tree 18 8" Tree 19 14" Tree 20 10" Palm Total50„ Total DBH based on the 5 removed trees that did not DBH present danger to persons/property(163.045,Fla.Stat.) 02 TREE REMOVAL-EXHIBIT C:Tree Mitigation Worksheet 03.01.2018 1u Agenda Item #5.A. 06 Jan 2022 Page 187 of 268 Tree #1: 11" Palm Tree #21: 13" Palm 41 I 5 42 36 Tree #2: 5" Palm3dTree #22: 13" Other 6 33 32 Tree #3: 23" Other Tree#23: 12" Palm 25 27 28 29 31 Tree #4: 9.5" Other Tree #24: 10" Other ao' 2 Tree #5: 10" Other Tree#25: 12" Palm 23 22 a3 30 Tree #6: 8" Other Tree #26: 11" Palm 9 21 aftll 27: 8" Other Tree#8: 9" Other Tree #28: 6" Other Tree#7: 8.5" Other Tree#9: 10" Other Tree #29: 9" Palm Tree #10: 7. 5" Other Tree #30: 2" Other Concrete 16 Tree#11: 8" Other Tree #31: 3.5 " Other Tree #12: 11" Other Tree#32: 3. 5" Other 15 Tree #13: 10" Other Tree #33: 12" Palm 14 Tree #14: 10" Palm Tree#34: 12" Palm Tree#15: 12.5" Palm Tree #35: 12" Palm Tree #16: 14" Other Tree #36: 13" Other Tree#17: 8" Other Tree #37: 11" Palm Tree #18: 6" Other Tree #38: 11.5" Palm Tree#19: 11" Palm Tree #39: 12 Palm" 13 Tree#20: 12.5" Palm Tree #40: 9.5" Palm Tree #41: 12.5" Palm Concrete Tree #42: 11" Palm 11 12 Tree #43: 11" Palm 1 4 6 2 5 PRESERVED TREES 8 342 19th St.,Atlantic Beach 3 9 10 0 C Agenda Item #5.A.06 Jan 2022Page 188 of 268 Og L`1 EXHIBIT C: TREE MITIGATION WORKSHEET icl' City of Atlantic Beach i Community Development Department ts, Vr 800 Seminole Road Atlantic Beach, FL 32233 PRESERVED TREE INVENTORY 0;w)%- (P) 904-247-5800 List the species and diameter at breast height(dbh)of all trees identified on EXHIBIT B ID DBH SPECIES X 1 0COMMENTS(for use by City Staff) removing preserving replacing 1 11" Palm 2 5" Palm 3 23" Oak 4 9. 5" Sweetgum 5 10" Sweetgum 6 8" Sweetgum 7 8.5" Sweetgum 8 9" Sweetgum 9 10" Sweetgum iI107.5" Sweetgum 11 8" Sweetgum 12 11" Sweetgum 13 10" Sweetgum 14 10" Palm 15 12.5" Palm 16 14" Sweetgum 17 8" Sweetbay Magnolia 18 6" Sweetbay Magnolia 19 11" Palm s I r 20 12.5" Palm 21 13" Palm I i 22 13" Sweetgum 23 12" Palm 24 10" Sweetgum 25 12" Palm 02 TREE REMOVAL-EXHIBIT C:Tree Mitigation Worksheet 03.01.2018 U Agenda Item #5.A. 06 Jan 2022 Page 189 of 268 Y-."-1i`Jr; , EXHIBIT C: TREE MITIGATION WORKSHEET City of Atlantic Beachp1. ii.yj f! Community Development Department 800 Seminole Road Atlantic Beach, FL 32233PRESERVED TREE INVENTORY 9 " 1-9;t»', (P)904-247-5800 i List the species and diameter at breast height(dbh)of all trees identified on EXHIBIT BI ID DBH SPECIES COMMENTS(for use by City Staff) removing preserving replacing 26 11" Palm 27 8" Sweetgum i 28 6" Oak 29 9" Palm 30 3.5" Sweetbay Magnolia 1 31 3.5" Sweetbay Magnolia 32 12" Palm 33 12" Palm 34 12" Palm 35 13" Oak 36 11" Palm 37 11.5" Palm 38 12" Palm 39 9.5" Palm 40 12.5" Palm 41 11" Palm 42 11" Palm Total 433" DBH f 6 l I02 TREE REMOVAL-EXHIBIT C:Tree Mitigation Worksheet 03.01.2018 q\q Agenda Item #5.A. 06 Jan 2022 Page 190 of 268 chrnen-1- 1- t• dvaictil q k zt si 1 J/ Jo TREE REMOVAL CALCULATIONS 5 A s} City of Atlantic Beach J= „r; ti Community Development Department 800 Seminole Road Atlantic Beach, Florida 32233-5445 403319'. Phone: (904)247-5826 Fax: (904) 247-5845 Email: Building-Dept@coab.us Permit: TREE20-0034 Applicant: Thomas Bourdon Address: Site Address: 342 19th Street Phone: RE#: Email: TREE REMOVAL CALCULATIONS REMOVED Legacy(non-oak) Legacy(oak)Oaks Palms Others Total Protected Trees Removed: 24 0 0 130 72 226 Mitigation Needed: 24 0 0 130 72 226 Trees Removed: 24"Hickory;8", 9", 11",2-14", 16"Trees;8",9",8-10",3-11"Palms MITIGATION Legacy(non-oak) Legacy(oak)Oaks Palms Others Total Credit for Trees Preserved: 0 0 0 0 0 0 Credit for Trees Relocated: 0 0 0 0 0 0 Credit for Trees Planted: 0 0 0 0 0 0 Total: 0 0 0 0 0 0 Trees Preserved: None for credit(trees 3"-5"diameter). Trees Relocated: None for credit. Trees Planted: None for credit. Planted Legacy Tree species receive DOUBLE credit when replacing non-Legacy Trees. The Legacy Tree list includes Bald Cypress; Southern and Eastern Red Cedars; Winged and Florida Elms; Live and Sand Live Oaks; Hickory; Pecan; Pignut Hickory;Loblolly Bay;Southern and Sweetbay Magnolias;Red and Florida Maples;and Tupelo. ADDITIONAL MITIGATION REQUIRED (Mitigation Needed—Total) Legacy(non-oak) Legacy(oak)Oaks Palms Others Total New Trees Planted: 0 0 0 0 0 226 or Payment Into Tree Fund**: 0.00 0.00 0.00 0.00 0.00 $ 33,448.00 or A Combination of the Above** At least 50%of mitigation must be onsite. Additional Notes: Mitigation is 1 inch preserved or planted for every 2 inches removed.Tree Fund rate is$148.00 per inch. Status is in accordance with the City of Atlantic Beach code of ordinances in effect at the time of application submittal. APPROVED DENIED TPO ADMINISTRATOR DATE ATTACHMENT TO EMAIL DATED 9/1/2021 113 Agenda Item #5.A. 06 Jan 2022 Page 191 of 268 I , i-4fr,e, EXHIBIT C: TREE MITIGATION WORKSHEET City of Atlantic Beach Community Development Department OF, 800 Seminole Road Atlantic Beach, FL 32233 FOR INTERNAL OFFICE USE ONLY P)904-247-5800 PERMIT# List the species and diameter at breast height(dbh)of all trees identified on EXHIBIT B X 1"= "0"-- ID o„- ID DBH SPECIES COMMENTS removing preserving replacing 1 10" Palm 2 24" Hickory Legacy Tree" (Sec.23-33(f)(2)(c),AB Ord.Code) 3 11" Tree 4 16" Tree 5 11" Palm 6 10" Palm 7 10" Palm 8 10" Palm 9 9" Palm 10 11" Palm 11 9" Tree 12 10" Palm 13 11" Palm 14 10" Palm 15 10" Palm 16 8" Palm 17 14" Tree 18 8" Tree 19 14" Tree 20 10" Palm Total 266" DBH gTTAC MENTT TO EMAIL DATED 9/1/2Q21 02 TREE REMOVAL- HIBIT C:Tree Mitigation Worksheet 03.01.2018 2 ) 3 Agenda Item #5.A. 06 Jan 2022 Page 192 of 268 fir\ ii. w. 893& 7"F ay. to• Tree #1: 10" Palm ii Tree #2: 24" Hickory Tree #14 Tree #13 Tree #3: 11" TreeTree #12 Preserved Tree #15,Trees Tree #4: 16 Tree t Tree #5: 11" Palm Tree #16 / 40 x Tree #17 Tree #6: 10" Palm NI ree #1 2 x Tree #7: 10" Palm Tree #19 Tree #18 X 3 Tree #2 Tree #20 Tree #8: 10" Palm Auk.' j f: /t. Tree #9: 9" Palm aa to Tree #6 0t Tree #10: 11" Palm e • •• ` A¢ X `-`—* Tree #3 Tree #11: 9" Tree 6 XTree #4 Tree #12: 10" Palm 0 l-- STORY`S X Tree #5 Tree #13: 11" Palm Ce c.c./AL./4. Tree #14: 10" Palm c y /& E•/ES r, Tree #15: 10" Palm os 94'• : 40•J11 Tree #16: 8" Palm to ro.: •':• c; e• ,v p '4 aTa I. Tree #17: 14" Tree N Tree #8 i ' Tree #18: 8" Tree XTree #10 X 1.1 11aTree #19: 14" Tree Z ' Elb Tree #7 Ilk N Tree #20: 10" Palm X X Preserved Tree #9 ' Iti r Trees ATTACHMENT TO EMAIL DATED 9/1/2021 0 I' I WAR Tree #11 1ID V Agenda Item #5.A.06 Jan 2022Page 193 of 268 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7017 1000 0000 7000 3075 vs. Property Address: 342 19`h St. Thomas Patrick Bourdon Atlantic Beach, FL 32233 342 19th St. Atlantic Beach, FL 32233 Respondent. CASE NUMBER: 21-087 REAL ESTATE NUMBER: 172020 1242 LEGAL DESCRIPTION: 36-64 09-28-29E SELVA MARINA UNIT 12-A LOT 5, ATLANTIC BEACH, FL ORDER ON CASE NO. 21-087 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on September 2, 2021, 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 owns the property located at 342 19th St., Atlantic Beach, Florida. 2. Notice of the hearing was sent by USPS and delivered on August 5, 2021. 3. The Respondent was represented by Mr. Karl Sanders. The Respondent was previously cited for violation of Sec. 23-51 (d) and Sec 23-46 for failing to make proper application for tree or vegetation removal permit and then failing to immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties as specified in Section 23- 33. 4. The City of Atlantic Beach issued a stop work Order on August 3, 2020. A tree removal application was received on August 19, 2020. However, to date no mitigation plan has been implemented. 5. Counsel for the Respondent previously stated that they are researching the issue of contesting the allegation of"inches" of the tree or money to contest the allegations. 6. The City of Atlantic Beach requested that the Respondent stay active in this matter and within 7-10 from the date of the last Order either submit mitigation or provide documentation as to whether the Respondent is waived from the Code Sections. 7. The City of Atlantic Beach stated that they received the Respondent's Expert's findings for mitigation the evening of September 1, 2021 and therefore have not had the time to review the submission. Agenda Item #5.A. 06 Jan 2022 Page 194 of 268 8. The City of Atlantic Beach requested a fine of$50 per day be assessed against the Respondent for failure to timely submit the mitigation plan. The City of Atlantic Beach also requested time to review the submission. CONCLUSIONS OF LAW 9. The Respondent was provided proper notice of the violation and hearing and was represented by Counsel. Respondent admitted they did not timely provide their expert's mitigation report until September 1, 2021. The City of Atlantic Beach is to review the report to determine if mitigation has been accomplished. The compliance review will be placed on the November 4, 2021 agenda. 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: THAT the Respondent has provided a "mitigation" report regarding the status of the trees and rectify the mitigation. If the matter is not rectified, the issue will be placed on the November 4, 2021 agenda for determination of compliance. The $50.00 per day fine is reserved until the November 4, 2021 hearing. DONE AND ORDERED THIS 14TH DAY OF SEPTEMBER, 2021. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: jj 7;r AO) r/ n 4-K !tom (r` ; -----. Kimberly lower, Records Clerk Suzanne W. Green, Special Magistrate Executed this 14th day of September 2021. PLEASE NOTE: Florida Statutes § 162.11 requires that any appeal of this order must be filed in the circuit court for Duval County within 30 days of this order's execution. 2 Agenda Item #5.A. 06 Jan 2022 Page 195 of 268 ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Conip)ete items,1,.2,and 3.Also complete A. Signature item*=if Restricted Delivery is desired. Agent PrintyouK name arid address on the reverse. • , Addresse othat wecap:return the card to you._ B. Received by(Printed Name) C. Date of Deliver Attachthis card•to^the back of the mailpiecer L25 z.Ititonthefrontifspacepermits. i l D"fs delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Thr s fa rc .Gourd ov-, I ' o U 3. 0Se Type C Certified Mail® 0 Priority Mail Express"' Registered 0 Return Receipt for Merchandis 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 7017 1000 0000 7000 3075 PS Form 3811.July 2013 Domestic Return Receipt Agenda Item #5.A.06 Jan 2022Page 196 of 268 I riza rry,Angela From: Askew, Amanda Sent: Tuesday, September 14, 2021 3:55 PM To: Karl J. Sanders Cc:Irizarry,Angela; TOMBOURDON7@GMAIL.COM Subject: 342 19th Street Attachments: 342 19th St - City's response to Sept. 1 submittal.pdf Good afternoon Karl, Attached you will find the city's official response to the materials submitted on Sept. 1st regarding the trees on 342 19th Street. Please let me know if you have any questions. Amanda 1. Askew, AICP Director of Planning and Community Development 800 Seminole Road Atlantic Beach, FL 32266 904-247-5841 11z Agenda Item #5.A. 06 Jan 2022 Page 197 of 268 City of Atlantic Beach sn Community Development Dept. 800 Seminole Road Atlantic Beach,Florida 32233 Telephone(904)247-5826 www.coab.us CITY OF ATLANTIC BEACH Code Enforcement Case#21-987 Thomas Patrick Bourdon—342 19th Street CITY'S RESPONSE TO Bourdon's September 1 Submittal To: Karl Sanders, Esq., Counsel to Bourdon,via email From: Amanda L. Askew, Director of Planning and Community Developmentl 7"' Through: Angela Irizarry, Code Enforcement Officer CC: Thomas Patrick Bourdon,via email The Honorable Suzanne Green, Special Magistrate, via email Date: September 14, 2021 The City hereby submits the following response to the correspondence and materials you sent to the City on September 1, 2021 (the "September 1 Materials"), regarding the tree code issues at 342 19th Street, owned by Thomas Patrick Bourdon. A copy of the two charts included in the September 1 Materials is attached to this Response. The September 1 Materials raise two distinct issues: first, whether the removal of the trees in August, 2020, can qualify for and fall within the scope of Section 163.045(1), Florida Statutes based on the information included in the September 1 Materials; and second, whether and how many of the trees preserved on site qualify for mitigation credit under former Section 23-33(d) of the City's Code. [Note: Because Mr. Bourdon submitted a tree permit application prior to adoption of the new Tree Code on July 12, 2021, the City's review is based on the former Tree Code that was in effect at the time of the permit application.All references to the City's Code are to the former version of the Tree Code.] Pre-emption Under Florida Statutes In regards to the first issue,the September 1 Materials do not meet the requirements contained in Section 163.045(1), F.S. That subsection provides: A local government may not require a notice,application,approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the property owner obtains documentation from an arborist certified by the International 1 z) Agenda Item #5.A. 06 Jan 2022 Page 198 of 268 Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property. 163.045(1), F.S. The September 1 Materials do not constitute documentation from a licensed Florida landscape architect or a certified arborist. No license number or ISA certification number is included.There is no signature of the arborist/landscape architect and it is not dated. In addition,this referenced statute plainly requires that the property owner only qualifies for the pre-emption if the owner obtains documentation that a tree "presents" a danger to persons or property. In other words, the question is whether, at the time the tree was still standing, the tree was a danger to person or property. No statement that each of the removed trees constituted a danger to person or property prior to or at the time of removal from a landscape architect/arborist is included in the September 1 Materials. Moreover, because it is now over one year since the trees were removed, it is questionable whether such a statement is now even possible unless of course the landscape architect/arborist inspected the trees prior to removal. If that is not the case, the landscape architect/arborist's statement should include information explaining the method/basis/industry standards used to make the after-the-fact determination. However, the City does not waive its right to contest the legality of an after-the-fact determination. Finally,the September 1 Materials do not indicate how each removed tree meets the "danger to person or property"factors. For example, in what way did Tree#1 as shown on Chart#1 present a danger to persons or to property? Blanket statements are insufficient. Preservation Credits In regards to the second issue raised in the September 1 Materials—namely, how many of the trees preserved on site qualify for mitigation credit under Section 23-33(d) of the City's former Tree Code — it is clear that the Code provision has been mis-interpreted in the September 1 Materials, as shown on Chart#2. Section 23-33(d) provides: Existing onsite trees that are three (3) inches DBH or greater and which are neither protected nor transplanted may be utilized as credit towards the assessed mitigation, subject to the other conditions stated in this section, if preserved onsite. This Code section only permits mitigation credit for trees preserved on site with a DBH of three inches or greater and which are neither protected under the Code or transplanted on site. Per Section 23-8 of the City's former Code, trees with a DBH of six (6) inches or more are regulated and thus protected under the Code. As a result, all but three trees shown on Chart #2 do not qualify for mitigation credits. Specifically, the City agrees that Tree ID#2 (5" Palm), Tree ID #30 3.5" Sweetbay Magnolia) and Tree ID #31 (3.5" Sweetbay Magnolia) do qualify for mitigation credits, subject, however, to inspection by the City verifying the species, size and health of the three trees. 2 i) Agenda Item #5.A. 06 Jan 2022 Page 199 of 268 Conclusion Based on the reasons stated above, the September 1 Materials are insufficient, incomplete and inaccurate. As a result, and in on-going good faith negotiations with you, the City requests that you provide additional documentation to the City addressing the insufficiencies noted above, no later than October 1, 2021.This deadline will permit adequate time prior to the November Code Enforcement hearing for you and the City to determine whether a mutually acceptable resolution can be reached in this case. 3 yl $ Agenda Item #5.A. 06 Jan 2022 Page 200 of 268 EXHIBIT G TREE MITIGATION WORKSHEET 4Ik :\-P, City of Atlantic Beach r,I Community Development Department I/ 800 Seminole Road Atlantic Beach,FL 32233 Landscape Architect's 03)904-247-5800 Calculations(Removed Trees) Ust the species and diameter at breast height(dbh)of all trees identified on EXHIBIT B N-9 4I 'p ID DISH SPECIES X'= •I1'= 5ec 163.045 COMMENTS removing preserving Preemption 1 10" Palm 2 24" Hickory 3 11" Tree 4 16" Tree 5 11' Palm 6 10' Palm 7 10" Palm 8 10" Palm 9 9° Palm 10 11° Palm 11 9" Tree 12 10" Palm 13 11" Palm 14 10° Palm 15 10" Palm 16 8" Palm 17 14" Tree 18 8" Tree 19 14" Tree 20 10" Palm Total50" Total DBH based on the 5 removed trees that did not DISH present danger to personslproperty(183.0451 Fla.Stat) 02 TREE REMOVAL-E HI8lTC Tree Mitlgallon Worksheet 03.012018 s16 Agenda Item #5.A. 06 Jan 2022 Page 201 of 268 s7'rT; EXHIBIT G TREE MITIGATION WORKSHEET 1.?'. .,, j City of Atlantic Beach C f2 I . -IL a i) Community Development Department 800 Seminole Road Atlantic Beach,FL 32233 PRESERVED TREE INVENTORY 7"/ (P)904- 247-5800 List the species and diameter at breast height(dbh)of all trees identified on EXHIBIT B Pact I o f 3 ID NH SPECIES removing preserving repladng COMMENTS(for use by City Staff) 1 11° Palm 2 5' Palm 3 23" Oak 4 9.5' Sweetgum 5 10' Sweelgum 6 8" Sweetgum 7 8.5" Sweelg um 8 9° Sweelgum 9 10" Sweetgum 10 7.5" Sweetgum 11 8' Sweetgum 12 11' Sweetgum 13 10° Sweetgum 14 10" Palm 15 12.5° Palm 16 14' Sweelgum 17 8" Sweetbay Magnolia 18 6" Sweetbay Magnolia 19 11" Palm 20 12.5" Palm 21 13" Palm 22 13" Sweetgum 23 12" Palm 24 1(7' Sweetgum 25 12" Palm 02 TREE REMOVAL-EXHIBITC Tree Mitigation Worksheet 03.012018 Agenda Item #5.A. 06 Jan 2022 Page 202 of 268 s=-Anr> EXHIBIT G TREE MITIGATION WORKSHEET f City of Atlantic Beach act_v- * Z l's!!) Community Development Department 800 Semi note Road Atlantic Beach,FL 32233 ts1% (P)904-247-5800 PRESERVED TREE INVENTORY List the species and diameter at breast height(dbh)of all trees identified on EXHIBIT B P0. 4 a 0 F 3 ID DBI-1 SPECIES removing preserving replaang COMMENTS(for use by City Staff) 26 11" Palm 27 8" Sweelgum 28 6" Oa 29 9" Palm 30 3.5" Sweetbay Magnolia 31 3.5" Sweetbay Magnolia 32 12" Palm 33 12" Pal 34 12" Palm 35 13" Oak 36 11" Palm 37 11.5" Palm 38 12" Palm 39 9.5" Palm 40 12.5" Palm 41 11^ Pal 42 11" Palm Total " DOH 02 TREE REMOVAL-EXM8tTG TreeMItlgazlon Worksheet 03.01.2018 1I1S Agenda Item #5.A. 06 Jan 2022 Page 203 of 268 Tree#1: 11" Palm Tree#2: 5" Palm Tree#21: 13" Palm Tree#22: 13" Other r#T, I:Tree#3: 23"Other Tree#23: 12" Palm 4:.:',NO* • • Tree#4:9.5"Other Tree#24: 10"Other Tree#5: 10"Other Tree#25: 12" Palm IP • Tree#6: 8" Other Tree#26: 11" Palm Tree#7: 8.5"Other Tree#27: 8" Other Tree#8: 9" Other Tree#28: 6" Other l/ Tree#9: 10"Other Tree#29: 9" Palm Tree#10: 7.5"Other Tree#30: 2" Other Concrete Tree#11:8"Other Tree#31: 3.5 "Other Tree#12: 11"Other Tree#32: 3.5" Other Tree#13: 10"Other Tree#33: 12" Palm Tree#14: 10" Palm Tree#34: 12" Palm Tree#15: 12.5" Palm Tree#35: 12" Palm Tree#1.6: 14"Other Tree#36: 13"Other Tree#17:8"Other Tree#37: 11" Palm Tree#18: 6"Other Tree#38: 11.5" Palm Tree#19: 11" Palm Tree#39: 12 Palm" Tree#20: 12.5" Palm Tree#40: 9.5" Palm Tree#41: 12.5"Palm Concrete Tree#42: 11" Palm i. Tree#43: 11" Palm PRESERVED TREES 342 19th St,Atlantic Beach rl 04) VY Agenda Item #5.A.06 Jan 2022Page 204 of 268 r LAI-Ti,/,,,,i 44 dir ; CODE ENFORCEMENT r 3,. CITY OF ATLANTIC BEACH, FLORIDA 6 NOTICE OF HEARING 10;319'" 10/4/2021 Case Number: 21-087 BOURDON THOMAS PATRICK Certified Mail Return Receipt: 342 19TH STREET 7013 1710 0002 1691 9103 ATLANTIC BEACH, FL 32233 Property Address: 342 1 9TH STREET ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on November 4, 2021 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 342 19TH ST, 36-64 09-2S-29E SELVA MARINA UNIT 12-A LOT 5 Atlantic Beach, Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances 1. Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1)Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit, the fee for which shall be two (2) times the normal established application fee specified in section 23-26. In addition, as a condition of the permit,the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2)Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23- 33. 2. Sec 23-46. - Violations, including failure to make proper application for a tree or vegetation removal permit as required by these provisions, or failure to implement any requirements or conditions of a tree or vegetation removal permit, shall be deemed a violation of this chapter, and shall be subject to code enforcement procedures as set forth within chapter 2, article V, division 2 of this Municipal Code of Ordinances and any other remedies available under applicable law. STATEMENT OF CODE ENFORCEMENT OFFICER: A stop work order was posted on the property on August 3,2020 for removal of trees on the property prior to issuance of a tree removal permit. A tree removal application was received on 8/19/2020 but no mitigation plan has been approved. This case was heard before the Special Magistrate on September 2, 2021 and the Magistrate ordered that the case be reviewed for compliance at the November 4, 2021 hearing. Page 1 of 2 Agenda Item #5.A. 06 Jan 2022 Page 205 of 268 t If the violation is corrected and then recurs or if the violation was not corrected by the time specified for correction by the Code Enforcement Officer in the Notice of Violation that you received,the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. I, C (hereby swear and affirm that the above statement is i e and abcurate. r 0 Angela Code Enforcement Officer, City of Atlantic Beach ATTEST: 9cf-Abo Kim Flower, Records Clerk cc: Karl Sanders via email: kjsanders@kjslawpa.com U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT Domestic Mail Only;No Insurance Coverage Provided) Er For delivery information visit our website at www.usps.com® rg cr. Postage $ N Certified Fee _ a Postmark Return Receipt Fee Here Endorsement Required) Restricted Delivery Fee El (Endorsement Required) Total Postage&Fees rq frl sego O• rl aur OVl Y lQs v0.'YI O Street,Apt.No.; p- or PO Box No. City,State,ZIP+4 PS Form 3800.August 2006 See Reverse for Instructions Page 2 of 2 Agenda Item #5.A. 06 Jan 2022 Page 206 of 268 ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3. A. Signature Print your name and address on the reverse x C - Agent so that we can return the card to you.0 Addresse Attach this card to the back of the mailpiece, B. Received by(PrintedName) C. Date of Deliver or on the front if space permits. Z-t Z,`1 b-1 -Lo 1 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes ur If YES,enter delivery address below: 0 No clbo lhovras fil ri c K Ce - 2i - ©g 7 3. ServiceType Priority Mail Express® III'I II III IIIIIIMill IIIIIII II Adult Signature 0Registered MaiIT"" Adult Signature Restricted Delivery 0 Registered Mail Restrict Certified Mail® Delivery 9590 9402 5982 0062 6068 11 El Certified Mail Restricted Delivery 0 Return Receipt for El Collect on Delivery Merchandise 2. Article Number(Transfer from service label) Collect on Delivery Restricted Delivery 0 Signature Confirmation* 7 Insured Mail Signature Confirmation 013 1710 0002 16 91 9103 7 Insured Mail Restricted Delivery Restricted Delivery over$500) Dc G,.... '2A1 1 rid.,onl r;near 7GQn_n0_nnn_nnnO nnmeefin Refn,.Rnroinl Agenda Item #5.A.06 Jan 2022Page 207 of 268 Irizarry,Angela From: Irizarry,Angela Sent: Wednesday, October 20, 2021 11:03 AM To: Askew, Amanda Cc:Karl J. Sanders' Subject: RE: 342 19th Street Good Morning All, The Code Enforcement action on this case is still pending. Since the Magistrate has not imposed any fines yet in this case,there is nothing for the Magistrate to consider reducing.The amount of the mitigation due is not in her purview to reduce since it is set by code and is not discretionary. From:Askew,Amanda Sent: Monday, October 18, 2021 3:15 PM To: Irizarry,Angela <alrizarry@coab.us> Subject: FW: 342 19th Street Fyi-- From:Askew,Amanda Sent: Monday, October 18, 2021 1:05 PM To: 'Karl J. Sanders' Subject: RE: 342 19th Street Good morning Karl, As I mentioned staff and Commission can't make a settlement since this case is at the magistrate level. Commission is only able to hear an appeal of an administrative decision. At this point you can only appeal staff's interpretation of Chapter 23. This does not alleviate code enforcement. However, you can ask for a fine reduction during the special magistrate process. The special magistrate has entertained fine reductions in other cases. However, tree removal without mitigate irreparable tree removal. Staff can only approve the required replacement/mitigation or you must continue on the code enforcement route. You From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Wednesday, October 6, 2021 6:22 PM 1 Agenda Item #5.A. 06 Jan 2022 Page 208 of 268 To:Askew, Amanda Subject: Re: 342 19th Street Just touching base . . . have you had an opportunity to speak with the City Manager regarding our discussion late Monday afternoon? No worries if not, I completely understand how busy everyone is right now! Just let me know if you/he have any questions for me or need additional information. Thanks again, and talk soon. Best regards, Karl Karl J. Sanders, Esq. 1(ci4 kjsanders(akjslawpa.com 904.868.7929 I OfficejiAx L/A V 561.386.1216 I Mobile From: Karl Sanders<kisanders@kislawpa.com> Date: Monday, October 4, 2021 at 5:53 PM To: Amanda Askew<aaskew@coab.us> Subject: Re: 342 19th Street Hey, Amanda. Thanks again for taking time to further discuss the tree removal/mitigation issues and potential options for resolving same. As discussed, the next steps here are that you will be reaching out to the City Manager to see what number (if any) may potentially be amenable to the City as a proposed settlement of these issues which could then be presented to the City Commission by way of an appeal of the City's interpretation of the prior Tree Code language regarding mitigation credit for preserved trees). Looking at the inventory calculations prepared by my client's landscape architect, I would suggest that a reasonable settlement offer would be somewhere in the range of $5,000. Again, this is just a suggestion, as I have not yet discussed it with my client (and, of course, will need his approval first), but I wanted to provide you with a proposed number ASAP so we can continue trying to move this matter forward. And, if the City Manager believes that it is worthwhile to entertain such a proposal to settle this matter, I can certainly provide you (and him) with a detailed breakdown of how I came up with that number (i.e., I didn't just pull it out of thin air!). Lastly, I would also note that -- in the event that we aren't able to come to terms on a reasonable settlement number and have to litigate the issue of the preemption language of Section 163.045, Fla. Stat. — the Florida Legislature amended Section 57.112 in 2019 to provide for a mandatory award of attorney fees, costs and damages to the prevailing party in a civil action filed to challenge a local government's attempt to enforce an ordinance that is preempted by state law. I mention that only as another reason why I believe it makes sense for the City to seriously consider a potential settlement to resolve this issue now . . . no one wants to spend time/money litigating this matter, but the potential 2 Agenda Item #5.A. 06 Jan 2022 Page 209 of 268 financial exposure to the City is real (which is why I believe a settlement of $5,000 is both reasonable and justified under the current facts). In short, I sincerely believe that finding a mutually agreeable solution to this matter would be in everyone's best interests, and I continue to believe that we can find a way to make that happen. Again, I appreciate your continued efforts in working with me to try and resolve this issue, and I look forward to hearing back from you after you've had a chance to discuss this with the City Manager. Best regards, Karl Karl J. Sanders, Esq. Kckjsanders@kjslawpa.corn 904.868.7929 I Office LAW, 561.386.1216 I Mobile From: Karl Sanders <kisanders@kjslawpa.com> Date: Monday, October 4, 2021 at 3:23 PM To: Amanda Askew<aaskew@coab.us> Cc: Angela Irizarry<alrizarry@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL.COM> Subject: Re: 342 19th Street Hey, Angela. Thanks for the follow-up. I'm back in the office today and have been tied up with calls/meetings since this morning. I should be freed up for a call by 4:00 this afternoon, and I was hoping that we could schedule a few minutes to speak sometime between 4:00 and 5:00 today to talk about the questions I had regarding the City's analysis of the tree removal/mitigation issues. Please let me know if that timeframe works for you. Thanks again, and I look forward to speaking with you again soon. Best regards, Karl Karl J. Sanders, Esq. KS kjsanders@kjslawpa.com 904.868.7929 I Office LAW,.. 561.386.1216 I Mobile 3 Agenda Item #5.A. 06 Jan 2022 Page 210 of 268 From: Amanda Askew<aaskew@coab.us> Date: Monday, October 4, 2021 at 3:12 PM To: Karl Sanders <kjsanders@kjslawpa.com> Cc: Angela Irizarry<alrizarry@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL.COM> Subject: RE: 342 19th Street Good afternoon Karl, I just wanted to follow up on the below and your email on 9/29 to see if you have any questions. From:Askew, Amanda Sent:Wednesday, September 29, 2021 5:43 PM To: 'Karl J. Sanders' Cc: Irizarry,Angela;TOMBOURDON7@GMAIL.COM Subject: RE: 342 19th Street Hello Karl, I got a message this morning that you left after 5 yesterday. I'm normally at my desk but had a board meeting. You message indicated that you would follow up via email with your questions. I have some time tomorrow (9/30) after 2pm or Friday (10/1) at 9am or 10am. Just let me know if something works for you. From: Karl J. Sanders [mailto:kisanders@kislawpa.coml Sent:Wednesday, September 29, 2021 4:52 PM To:Askew,Amanda Cc: Irizarry,Angela;TOMBOURDON7@GMAIL.COM Subject: Re: 342 19th Street Hey, Amanda. I've left a couple of voice mail messages regarding some questions/concerns that I'd like to run by you concerning some of the statements made in the City's 09/14/21 memo. In particular, I'd like to discuss the proposed interpretation of the applicable Code language regarding preserved trees" and mandatory mitigation credit for same. As I have previously stated, if we can resolve that issue (and I remain hopeful that we can), everything else is moot. Please let me know if you have time for a call to discuss this week. I am tied up all day tomorrow, but I'm generally available on Friday anytime after 11:00 am. Thanks so much, and talk soon. Best regards, Karl 4 Agenda Item #5.A. 06 Jan 2022 Page 211 of 268 Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 I Office LAW,, 561.386.1216 I Mobile From: Karl Sanders <kjsanders@kjslawpa.com> Date: Thursday, September 23, 2021 at 5:30 PM To: Amanda Askew <aaskew@coab.us> Cc: Angela Irizarry<alrizarry@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL.COM> Subject: Re: 342 19th Street Hey, Amanda. I've been tied up with another matter all week and just now saw your email from Tuesday. Thank you for the follow-up. Yes, I received your prior email and the City's attached memo of 09/14/21. We are in the process of compiling the requested information and preparing a formal response, which we will finalize and send to you no later than October 1 (as requested). That being said, I do have a couple of questions regarding the City's interpretation of its former Tree Code with respect to mitigation credit for trees preserved onsite, as per Section 23-33(d). I will try calling you tomorrow to discuss further. Thanks again, and talk soon. Best regards, Karl Karl J. Sanders, Esq. kjsandersna kjslawpa.com 904.868.7929 I Office I,AW„ 561.386.1216 I Mobile From: Amanda Askew<aaskew@coab.us> Date: Tuesday, September 21, 2021 at 11:38 AM To: Karl Sanders <kisanders@kislawpa.com> Cc: Angela Irizarry<alrizarry@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL.COM> Subject: RE: 342 19th Street Hello Karl, 5 Agenda Item #5.A. 06 Jan 2022 Page 212 of 268 I just wanted to follow up on my email below to make sure you got the attached and see if you had any questions. Please confirm receipt of this email. From:Askew, Amanda Sent:Tuesday, September 14, 2021 3:55 PM To: 'Karl J. Sanders' Cc: Irizarry,Angela; 'TOMBOURDON7@GMAIL.COM' Subject: 342 19th Street Good afternoon Karl, Attached you will find the city's official response to the materials submitted on Sept. 1St regarding the trees on 342 19th Street. Please let me know if you have any questions. Amanda L. Askew, AICP Director of Planning and Community Development 800 Seminole Road Atlantic Beach, FL 32266 904-247-5841 Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Atlantic Beach residents and other stakeholders, imagine what your community could be at its very best in the year 2040, and let us know your thoughts by completing the City of Atlantic Beach 2040 VISION Citizen Questionnaire by Oct. 20, 2021. Here is the questionnaire: https://bit.ly/3ifkC6m, Here is information about the City's visioning process and why it's important: www.coab.us/vision. Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook at www.facebook.com/cityofatlanticbeach. Florida has a very broad public records law. Most written communications to or from state and local officials and agencies regarding state or local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. 6 Agenda Item #5.A. 06 Jan 2022 Page 213 of 268 Irizarry,Angela From: Karl J. Sanders <kjsanders@kjslawpa.com> Sent: Monday, October 25, 2021 5:01 PM To: Askew, Amanda Cc:Irizarry,Angela Subject: Registered Landscape Architect Declaration re: Tree Removal/Mitigation Issue at 342 19th St (Code Enforcement Case No. 21-087) Attachments: DECLARATION (with Exhs) of Michael Miller RLA re Tree Removal & Mitigation.pdf Hey, Amanda. Nice speaking with you again today. As discussed, I've attached a copy of the Verified Written Declaration from the Registered Landscape Architect that my clients retained to review the circumstances surrounding removal of the subject trees from their residential property at 342 19th Street. As more fully set forth in that Declaration, our duly licensed Registered Landscape Architect has concluded that 15 of the 20 trees which were removed from the Bourdon Residence presented a danger to persons and/or property at the time of their removal; accordingly, per Section 163.045, Florida Statues, any local regulations requiring prior notice, application, approval, permit, fees or mitigation for their removal are expressly preempted by State law. Once you and your Staff have had an opportunity to review the attached Declaration, I kindly ask that you confirm the City will be revising its initial Tree Removal Calculations and corresponding mitigation assessment. Should you have any questions or wish to discuss further, please do not hesitate to contact me. Best regards, Karl Karl J. Sanders, Esq. KS kjsanders@kjslawpa.com 904.868.7929 I Office LAWPA 561.386.1216 I Mobile Agenda Item #5.A. 06 Jan 2022 Page 214 of 268 VERFIED WRITTEN DECLARATION OF MICHAEL MILLER, RLA The undersigned Declarant, Michael Miller, hereby states the following: 1. My name is Michael Miller, and I am licensed to practice landscape architecture in the State of Florida as a Registered Landscape Architect (RLA License # LA6666826). 2. The facts set forth herein are based on my personal knowledge regarding the removal of certain trees from the residential property of Thomas and Kathleen Bourdon, located at 342 19th Street in Atlantic Beach, Florida. 3. In addition to being licensed by the State of Florida as a Registered Landscape Architect since 2006, my education, knowledge, skills, training and professional experience in the field of landscape architecture demonstrate my qualifications and professional competency to testify and opine on the facts set forth herein; namely: a. I received my Bachelor of Landscape Architecture degree from the University of Florida in 1998. b. I have held several leadership roles in the Florida Chapter of the American Society of Landscape Architects (ASLA) — the national association representing landscape architects throughout the United States — including serving as President of the Florida ASLA Chapter in 2013. c. I am currently employed as a Senior Landscape Architect& Project Manager for England-Thims& Miller, Inc., a full-service engineering and consulting firm with offices located in both North and Central Florida. 4. On or about July 23, 2020, Mr. and Mrs. Bourdon closed on the purchase of their family's new home at 342 19th Street in Atlantic Beach (the "Bourdon Residence"). Shortly thereafter, and prior to relocating the family to Florida, Mr. Bourdon was advised that he should promptly have certain trees on the property removed, as they posed a danger to both the existing single-family home located on the Bourdon Residence and the property of his adjoining neighbor on the eastern side of the Bourdon Residence. 5. On or about August 1, 2020, Mr. Bourdon retained a local tree service company to remove a total of twenty(20)trees from his property;the remaining 42 trees located on the property were preserved onsite and are still standing today. A complete inventory of the trees removed from the Bourdon Residence — as prepared by an employee of the City of Atlantic Beach — is attached hereto as Composite Exhibit A" and incorporated by reference herein. Agenda Item #5.A. 06 Jan 2022 Page 215 of 268 6. On or about August 10, 2020, Mr. Bourdon was contacted by an employee of the City of Atlantic Beach and advised that the City's local regulations required him to secure an after-the-fact permit for the removal of those trees from the Bourdon Residence. 7. The City's tree protection regulations require a permit for the removal of any tree identified as a "Legacy Tree" by the City, and Hickory trees are identified as one of the types of"Legacy Trees" subject to the City's permitting requirements. 8. One of the trees removed from the Bourdon Residence was a Hickory tree, with a diameter at breast height (DBH) of 24 inches; none of the other trees removed from the Bourdon Residence were "Legacy Trees," as defined by the City's tree protection regulations. 9. In 2019, the Florida Legislature enacted legislation to preempt certain local government regulations regarding the removal of trees on one's residential property; namely, Section 163.045 provides that: A local government may not require a notice, application, approval, permit, fee or mitigation for the pruning, trimming or removal of a tree on residential property if the property owner obtains documentation from . . . a Florida licensed landscape architect that the tree presents a danger to persons or property." 10. In my professional opinion as a Florida licensed landscape architect, no permit application was required to remove the Hickory tree from the Bourdon Residence, as — prior to its removal — the tree presented a danger to his property due to its size and proximity to the home's foundation and roof; as such, per the terms of Section 163.045, Florida Statutes, no permit was required for its removal, notwithstanding any contrary provisions of the City's tree protection regulations. 11. Similarly, of the remaining nineteen (19)trees that were removed from the Bourdon Residence, fourteen (14) of them — prior to their removal — presented a danger to persons and/or property located on both the Bourdon Residence and the adjoining neighbor on the eastern side of the Bourdon Residence, due to their location, size and/or health; as such, in my professional opinion as a Florida licensed landscape architect, the removal of those fourteen (14)trees was also justified and expressly permitted by State law, notwithstanding any contrary provisions of the City's tree protection regulations. 12. A complete inventory of the twenty (20) trees removed from the Bourdon Residence — including identification of the fifteen (15) trees which presented a danger to persons or property at the time of their removal (the "Exempt Trees"), as well as the forty-two (42) trees that were preserved onsite — is set forth in Composite Exhibit "B" and incorporated by reference herein. Page 2 of 3 Agenda Item #5.A. 06 Jan 2022 Page 216 of 268 13. For all the reasons set forth herein, it is my professional opinion that — per the express terms of Section 163.045, Florida Statutes —the Exempt Trees removed from the Bourdon Residence are not subject to the City's local regulations which might have otherwise required prior notice, application, approval, permits, fees or mitigation for their removal. Under penalties of perjury, I declare that I have read the foregoing recitals and the facts stated in it are true. Executed on this 21st day of October, 2021. MICHAEL MILL R, RLA Page 3 of 3 Agenda Item #5.A. 06 Jan 2022 Page 217 of 268 COMPOSITE EXHIBIT "A" t f' Sy'''r TREE REMOVAL CALCULATIONS S City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach,Florida 32233-5445 4-0.219./- Phone: (904)247-5826 Fax: (904)247-5845 Email: Building-Dept@coab.us Permit: TREE20-0034 Applicant: Thomas Bourdon Address: Site Address: 342 19"Street Phone: RE#:Email: TREE REMOVAL CALCULATIONS REMOVED Legacy(non-oak) Legacy(oak)Oaks Palms Others Total Protected Trees Removed: 24 0 0 130 72 226 Mitigation Needed: 24 0 0 130 72 226 Trees Removed: 24"Hickory;8",9", 11",2-14", 16"Trees;8",9",8-10",3-11"Palms MITIGATION Legacy(non-oak) Legacy(oak)Oaks Palms Others Total Credit for Trees Preserved: 0 0 0 0 0 0 Credit for Trees Relocated: 0 0 0 0 0 0 Credit for Trees Planted: 0 0 0 0 0 0 Total: 0 0 0 0 0 0 Trees Preserved: None for credit(trees 3"-5"diameter). Trees Relocated: None for credit. Trees Planted: None for credit. Planted Legacy Tree species receive DOUBLE credit when replacing non-Legacy Trees.The Legacy Tree list includes Bald Cypress; Southern and Eastern Red Cedars; Winged and Florida Elms; Live and Sand Live Oaks; Hickory; Pecan; Pignut Hickory;Loblolly Bay;Southern and Sweetbay Magnolias;Red and Florida Maples;and Tupelo. ADDITIONAL MITIGATION REQUIRED (Mitigation Needed--Total) Legacy(non-oak) Legacy(oak)Oaks Palms Others Total New Trees Planted: 0 0 0 0 0 226 or Payment Into Tree Fund**: 0.00 0.00 0.00 0.00 0.00 $33,448.00 or A Combination of the Above** At least 50%of mitigation must be onsite. Additional Notes:Mitigation is 1 inch preserved or planted for every 2 inches removed.Tree Fund rate is$148.00 per inch. Status is in accordance with the City of Atlantic Beach code of ordinances in effect at the time of application submittal. APPROVED DENIED TPO ADMINISTRATOR DATE Agenda Item #5.A. 06 Jan 2022 Page 218 of 268 01-A-Nrit, EXHIBIT C: TREE MITIGATION WORKSHEET s A City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach,FL 32233 FOR INTERNAL OFFICE USE ONLY A Ji3 v V (P)904-247-5800 PERMIT# List the species and diameter at breast height(dbh)of all trees identified on EXHIBIT B X..= "[]„_ „O„= ID DBH SPECIES COMMENTS removing preserving replacing 1 10" Palm 2 24" Hickory Legacy Tree" (Sec.23-33(f)(2)(c),AB Ord.Code) 3 11" Tree 4 16" Tree 5 11" Palm 6 10" Palm 7 10" Palm 8 10" Palm 9 9" Palm 10 11" Palm 11 9" Tree 12 10" Palm 13 11" Palm 14 10" Palm 15 10" Palm 16 8" Palm 17 14" Tree 18 8" Tree 19 14" Tree 20 10" Palm Total 266" DBH 02 TREE REMOVAL-EXHIBIT C:Tree Mitigation Worksheet 03.01.2018 Agenda Item #5.A. 06 Jan 2022 Page 219 of 268 WAR 60' fNO`4\.... Ai 8,413642rE. • .Tree #1: 10" Palm 410 1;•.:a. '.l 17,°:%i Tree #2: 24" Hickory Tree #14 Tree #13 Tree #3: 11" TreeTree #12 NIA I. Preserved Tree #4: 16" Tree Tree #15. h.. 4 Trees4,t X Tree #5: 11" Palm Tree #164eil —0 -- Tree #17 44411111____1_,,t6—.'Ei1_Tree #6: g::I. .Tree #7: " Palm Tree #1 Tree #19 Tree #18 Tree #2 Tree #8: 10" Palm Tree #20 1 a, t'• jf'1'4_ It Tree #9: 9" Palm Tree #6 Tree #10: 11" Palm r - . 0 . • : ARS' X—r-- Tree #3 Tree #11: 9" Tree f G. , 4' ° 4 x Tree #4 Tree #12: 10" Palm 0 v— STORY X -free #5 Tree #13: 11" Palm o pciii../.4 Tree #14: 10" Palm et A /G'E•/E i iv Tree #15: 10" Palm A .. 942 of tt ,o.?• air ; Nle' rh Tree #16: 8" Palm Ni, c: e: w' t '4 a •r e • Tree #17: 14" Tree 1\1 Ato - -• ":, Tree #8 .r 1 ` Tree #18: 8" Tree Tree #10 X Tree #19: 14" Tree Tree #7 qi Tree #20: 10" Palm Preserve• Tree #9 ib( C Trees o•117 11•211R 411. ree #11 w w ak w.~... . 0 M•Agenda Item #5.A.06 Jan 2022Page 220 of 268 Liar, EXHIBIT C: TREE MITIGATION WORKSHEET ç i-' , City of Atlantic Beach COMPOSITE EXHIBIT "B" Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 RLA Inventory of Exempt Trees L01, v r ( P) 904-247-5800 per Section 163.045,Fla.Stat. List the species and diameter at breast height(dbh)of all trees identified on EXHIBIT B ID DBH SPECIES Removed EXEMPT COMMENTS Trees TREES 1 10" Palm Tree presented danger to persons/property at time of removal 2 24" Hickory Tree presented danger to persons/property at time of removal 3 11" Tree Tree presented danger to persons/property at time of removal 4 16" Tree Tree presented danger to persons/property at time of removal 5 11" Palm Tree presented danger to persons/property at time of removal 6 1 0" Palm Tree presented danger to persons/property at time of removal 7 10" Palm 8 10" Palm Tree presented danger to persons/property at time of removal 9 9" Palm Tree presented danger to persons/property at time of removal 10 11" Palm Tree presented danger to persons/property at time of removal 11 9" Tree 12 10" Palm 13 11" Palm 14 10" Palm Tree presented danger to persons/property at time of removal 15 10" Palm 16 8" Palm Tree presented danger to persons/property at time of removal 17 14" Tree Tree presented danger to persons/property at time of removal 18 8" Tree Tree presented danger to persons/property at time of removal 19 14" Tree Tree presented danger to persons/property at time of removal 20 10" Palm Tree presented danger to persons/property at time of removal Total 50" Total DBH based on the 5 removed trees that did not DBH qualify as Exempt Trees,per Sec. 163.045, Fla. Stat. 02 TREE REMOVAL-EXHIBIT C:Tree Mitigation Worksheet 03.01.2018 Agenda Item #5.A. 06 Jan 2022 Page 221 of 268 Tree#1: 11" Palm Tree#21: 13" Palm III N Tree#2: 5" Palm Tree #22: 13" Other Tree#3: 23" Other Tree#23: 12" Palm 0.: Tree#4: 9.5" Other Tree#24: 10" Other Tree#5: 10" Other Tree#25: 12" Palm Tree#6: 8" Other Tree #26: 11" Palm Tree#7: 8.5" Other Tree#27: 8" Other S Tree#8: 9" Other Tree #28: 6" Other Tree #9: 10" Other Tree#29: 9" Palm Tree#10: 7. 5" Other Tree#30: 2" Other Concrete Tree #11: 8" Other Tree #31: 3. 5 " Other Tree#12: 11" Other Tree#32: 3. 5" Other SAik• Tree #13: 10" Other Tree#33: 12" Palm Tree#14: 10" Palm Tree #34: 12" Palm Tree#15: 12.5" Palm Tree#35: 12" Palm Tree#16: 14" Other Tree #36: 13" Other Tree#17: 8" Other Tree#37: 11" Palm Tree#18: 6" Other Tree#38: 11.5" Palm Tree#19: 11" Palm Tree#39: 12 Palm" Tree #20: 12.5" Palm Tree#40: 9.5" Palm Tree #41: 12.5" Palm Concrete Tree#42: 11" Palm Tree #43: 11" Palm 41111 e PRESERVED TREESPRESERVED St.,Atlantic Beach 11111 IIIII Agenda Item #5.A.06 Jan 2022Page 222 of 268 s!AN:jr, EXHIBIT C: TREE MITIGATION WORKSHEET s Cityn• of Atlantic Beach Community Development Department t }' 800 Seminole Road Atlantic Beach,FL 32233 6,3 (P)904-247-5800 PRESERVED TREE INVENTORY List the species and diameter at breast height(dbh)of all trees identified on EXHIBIT B ID DBH SPECIES PRESERVED COMMENTS TREES 1 11" Palm 2 5" Palm 3 23" Oak 4 9. 5" Sweetgum 5 10" Sweetgum 6 8" Sweetgum 7 8.5" Sweetgum 8 9" Sweetgum 9 10" Sweetgum 10 7.5" Sweetgum 11 8" Sweetgum 12 11" Sweetgum 13 10" Sweetgum 14 10" Palm 15 12.5" Palm 16 14" Sweetgum 17 8" Sweetbay Magnolia 18 6" Sweetbay Magnolia 19 11" Palm 20 12.5" Palm 21 13" Palm 22 13" Sweetgum 23 12" Palm 24 10" Sweetgum 25 12" Palm 02 TREE REMOVAL-EXHIBIT C:Tree Mitigation Worksheet 03.01.2018 Agenda Item #5.A. 06 Jan 2022 Page 223 of 268 s si-AnEXHIBIT C: TREE MITIGATION WORKSHEET A City of Atlantic Beach Community Development Department5.. 800 Seminole Road Atlantic Beach,FL 32233 J,i P)904- 247-5800 PRESERVED TREE INVENTORY List the species and diameter at breast height(dbh)of all trees identified on EXHIBIT B ID DBH SPECIES PRESERVED COMMENTS TREES 26 11" Palm 27 8" Sweetgum 28 6" Oak 29 9" Palm 30 3.5" Sweetbay Magnolia 31 3.5" Sweetbay Magnolia 32 12" Palm 33 12" Palm 34 12" Palm 35 13" Oak 36 11" Palm 37 11.5" Palm 38 12" Palm 39 9.5" Palm 40 12.5" Palm 41 11" Palm 42 11" Palm Total 433" DBH 02 TREE REMOVAL-EXHIBIT C:Tree Mitigation Worksheet 03.01.2018 Agenda Item #5.A. 06 Jan 2022 Page 224 of 268 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7013 1710 0002 1691 9363 vs. Property Address: 342 19th St. Thomas Patrick Bourdon Atlantic Beach, FL 32233 342 19`h St. Atlantic Beach, FL 32233 Respondent. CASE NUMBER: 21-087 REAL ESTATE NUMBER: 172020 1242 LEGAL DESCRIPTION: 36-64 09-28-29E SELVA MARINA UNIT 12-A LO 5,ATLANTIC BEACH, FL ORDER ON CASE NO. 21-087 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on November 4, 2021, 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 owns the property located at 342 19th St., Atlantic Beach, Florida. 2. Notice of the hearing was continued from September 2, 2021, Code Enforcement hearing. 3. The Respondent was again represented by Mr. Karl Sanders. The Respondent was previously cited for violation of Sec. 23-51 (d) and Sec 23-46 for failing to make proper application for tree or vegetation removal permit and then failing to immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties as specified in Section 23-33. 4. The City of Atlantic Beach issued a stop work Order on August 3, 2020. A tree removal application was received on August 19, 2020. 5. Counsel for the Respondent previously stated that they are researching the issue of contesting the allegation of"inches" of the tree or money to contest the allegations. Agenda Item #5.A. 06 Jan 2022 Page 225 of 268 6. The City of Atlantic Beach stated that they received the Respondent's Expert's findings for mitigation the evening of September 1, 2021, and therefore had not had the time to review the submission. As of November 4, 2021, the City of Atlantic Beach had reviewed the mitigation plan and stated the mitigation plan was not up to Code. A letter" was presented to the City of Atlantic Beach from an individual who was not a certified arborist (per the Code) and was insufficient as to any mitigation. 7. The City of Atlantic Beach followed up with correspondence to the Respondent on September 14, 2021, detailing the City's position about the prior Code requirements and the mitigation. 8. The City of Atlantic Beach stated that the "letter" contained a statement that the trees in question should be removed, but that was 400 days after the fact. The City of Atlantic Beach questions the determination of the individual who arrived at the conclusion (Mr. Michael Miller, not present) that a total of 1'14 palms plus a Hickory tree were a danger to the property. 9. Counsel for the Respondent cross examined the City of Atlantic Beach regarding pertinent portions of the tree Code surrounding the cumulative $10,000 permit limit Code 23-22 and 23-21). The Respondent questioned the "type" of permits required. Counsel for Respondent further presented evidence of RES 20-0226 (Exhibit #2) which details the type of permits. In this case electrical, plumbing, roofing and residential alterations totaling$136,000. The City of Atlantic Beach's position was that once the 10,000 limit is reached, the description of the permit is not required and that a tree permit is required. 10. Counsel for Respondent proceeded to present a history of the property and the tree removal and cited codes 23-21 (2) and(4) and 23-22(1) which define "major and minor development" and "legacy trees". Counsel also presented evidence of the Florida House of Representatives notes and a 2020 resulting statute (F.S. 163.045) (Exhibit 6). 11. The statute appears to bring into question whether it is retroactive and is a permit required prior to removal if at all. Numerous other exhibits were presented by Counsel for the Respondent regarding correspondence, photos between the City of Atlantic Beach and the Respondent's representatives. 12.The City of Atlantic Beach nor it's Counsel had reviewed these exhibits prior to the hearing. CONCLUSIONS OF LAW 13. The Respondent was provided proper notice of the violation and hearing and was represented by Counsel. The City of Atlantic Beach is to review the statutes and exhibits presented and further evidence or rebuttal will be placed on the January 6, 2022, agenda. 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: 2 Agenda Item #5.A. 06 Jan 2022 Page 226 of 268 THAT the Respondent has provided numerous legal citations and statutes regarding the City of Atlantic Beach's position on trees removal and mitigation. The City of Atlantic Beach shall review the exhibits presented and if the matter is not rectified between the parties, the issue will be placed on the January 6, 2022, agenda for legal argument and determination of compliance. DONE AND ORDERED THIS 24TH DAY OF NOVEMBER 2021. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: 4G46,1,_, TH -Raccv• Kimberly M. wer, Records Clerk Suzann . W. Green, Sp cial Magistrate Executed this 24th day of November 2021. PLEASE NOTE:Florida Statutes § 162.11 requires that any appeal of this order must be filed in the circuit court for Duval County within 30 days of this Order's execution. 3 Agenda Item #5.A. 06 Jan 2022 Page 227 of 268 CODE ENFORCEMENT may, 4 I CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 12/9/2021 Case Number: 21-087 BOURDON THOMAS PATRICK Certified Mail Return Receipt: 342 19TH STREET 7017 0660 0000 3856 5361 ATLANTIC BEACH, FL 32233 Property Address: 342 19TH STREET ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on January 6, 2022 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 342 19TH ST, 36-64 09-2S-29E SELVA MARINA UNIT 12-A LOT 5 Atlantic Beach, Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances 1. Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1)Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit, the fee for which shall be two (2) times the normal established application fee specified in section 23-26. In addition, as a condition of the permit,the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2)Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23- 33. 2. Sec 23-46. - Violations, including failure to make proper application for a tree or vegetation removal permit as required by these provisions, or failure to implement any requirements or conditions of a tree or vegetation removal permit, shall be deemed a violation of this chapter, and shall be subject to code enforcement procedures as set forth within chapter 2, article V, division 2 of this Municipal Code of Ordinances and any other remedies available under applicable law. STATEMENT OF CODE ENFORCEMENT OFFICER: A stop work order was posted on the property on August 3,2020 for removal of trees on the property prior to issuance of a tree removal permit. A tree removal application was received on 8/19/2020 but no mitigation plan has been approved. This case was heard before the Special Magistrate on November 4, 2021. The Magistrate ordered that the city of Atlantic Beach review the statues and exhibits presented at that hearing and the issue be placed on the January 6, 2022 agenda for further evidence and rebuttal. Page 1 of 2 Agenda Item #5.A. 06 Jan 2022 Page 228 of 268 If the violation is corrected and then recurs or if the violation was not corrected by the time specified for correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure,please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. hereby swear and affirm that the above statement is true and accurate. s1 Iri . Code Enforcement Officer, City of Atlantic each ATTEST: Kim Flower, Records Clerk cc: Karl Sanders via email: kjsanders@kjslawpa.com Page 2 of 2 Agenda Item #5.A. 06 Jan 2022 Page 229 of 268 ENDER: COMPLETE Th..:,SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and a. A. Signature Print your name and address on the reverse X 0 Agent so that we can return the card to you.0 Address® Attach this card to the back of the mailpiece,B. Received by(Printed Name) C. Date of Deliver or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No Qoardon Thomas i'ck CE - D-J - O -1 II I I I I)I'I 'I I II 11111111 I 1111111 111 3. Service Type 0 Adult Signature Priority Mail Express® Registered MailrM Adult Signature Restricted Delivery 0 Registered Mail Restrict Certified Mail® Delivery 9590 9402 5982 0062 6067 05 0 Certified Mail Restricted Delivery 0 Return Receipt for Collect on Delivery Merchandise 2. Article Number(Transfer from service label) Collect on Delivery Restricted Delivery 0 Signature Confirmation* Insured Mail 0 Signature Confirmation 017 0660 0000 3856 5361 Insured Mail Restricted Delivery over$500) Restricted Delivery x e.......4Qi 1 11.i..nnir ncn,,cnn nn nnn nnon rinnnec.fin Derr,...De..etni Agenda Item #5.A.06 Jan 2022Page 230 of 268 fill' 11: 4400....,A t i 4,... vir.' or 4 ipik P lii it II i specified for If c iolation was not corrected by the time spec may be the violation corrected and then recur: Jtice of Violation that you received,the case correcttionnbby the Code Enforcement Office 1`inlatinn has been corrected prior to the l CITY OF :'I.ANTIC BEC'EI;'FLORIDA^ Hp 1 gl NC:T" JF HEARING POSTED ON PROPERTY AND ATLANTIC BEAC CITY HALL DATE: 'oZ-7 o ) 12/9/2021 mber:21-087 BOURDON THOMAS PATRICK Certified Mail Return Receipt: 342 19TH STREET 7017 0660 0000 3856 5361 ATLANTIC BEACH,FL 32233 Property Address:342 19TH STREET ATLANTIC BEACH,FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on January r Z022 at be hear2: 00on the follpm at owing alleged violationantic Beach City s on thCommission p osi Chamber, 800 Seminole Road,to answer andof perty known as 342 19TH ST,36-64 09-2S-29E SELVA MARINA UNIT 12-A LOT 5 Atlantic Beach,Florida.TheCity as Atlantic Beach adopted the International Property Maintenance Code and the Florida BuildingpartoftheCityofAtlanticBeachCodeofOrdinancesinChapter6,Article II,Section 6-16. International Pro e 'Maintenance Code 1 Ci Code of Ordinances d)Sanctions for failure to obtain a permit.(1)Regulated trees or regulated vegetation 1, Sec.23-51. an after-the-fact permit,the fee for which shall removed) violation of this chapter ed re be two(2)times the normal established application fee specified in section 23-26.In addition,asaconditionofthepermit,the applicant shall immediately complete all remedial work as necessarytostabilizethesiteandmitigatealldamagetothesiteandadjacentproperties.(2)Regulated treesremovedinviolationofthischaptershallbeassessedattwo(2)times the normal established rate of mitigation specified in section 23-33. 2. Sec 23-46. - Violations, including failure to make proper application for a tree or Vegetation removal permit as required by these provisions, or failure to implement any requirements orconditionsofatreeorvegetationremovalpermit,shall be deemed a violation of this chapter,andshallbesubjecttocodeenforcementproceduresassetforthwithinchapter2,article V,division 2ofthisMunicipalCodeofOrdinancesandanyotherremediesavailableunderapplicablelaw. STATEMENT OF CODE ENFORCEMENT OFFICER: A stop work order was posted on the property on August 3,2020 for removal of trees on the property prior to issuance of a tree removalPerrnit. A tree removal application was received on 8/19/2020 but no mitigation plan has been approved. This case was heard before the Special Magistrate on November 4,2021.The Magistrate ordered that the city of'Atlantic Beach review the statues and exhibits presented at that hearing and the issue be placed on the January 6,2022 agenda for further evidence and rebuttal. Page 1 ort t t It i l i 1{ t{ Agenda Item #5.A. 06 Jan 2022 Page 231 of 268 Page 232 of 268 Case Details City of Atlantic Beach Case Number 21‐087 Printed: Monday, 03 January, 2022 1of 5 Description: Tree Removal with no permit Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 4/20/2021 Closed:  Last Action: 9/17/2021 Fllw Up: 10/15/2021 Site Address: 342 19TH ST ATLANTIC BEACH, FL 32233 Site APN: 172020 1242 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATENOTES STOP WORK ORDER POST Angela Irizarry 8/3/2020 8/3/2020 PERMIT APPLIED FOR Angela Irizarry 8/19/2020 8/19/2020 NOV REG Angela Irizarry 4/20/2021 4/20/2021 Referred back to Code Enforcement from the planning department.  Respondent submitted a tree permit application but has not responded with his mitigation plan. MISC NOTES/ACTION Angela Irizarry 4/20/2021 4/20/2021 Owner submitted an after the fact permit application but has not completed any mitigation action.  NOV CERT Angela Irizarry 5/10/2021 5/10/2021 CMRR RECEIVED W/SIGNATURE Angela Irizarry 5/17/2021 5/17/2021 Letter was delivered on 5/15/2021 per green card. NOH LTR Angela Irizarry 6/3/2021 6/3/2021 NOTICE OF HEARING Angela Irizarry 6/3/2021 6/3/2021 Issued notice of hearing for July meeting. Agenda Item #5.A.06 Jan 2022 Page 233 of 268 Case Details City of Atlantic Beach Case Number 21‐087 Printed: Monday, 03 January, 2022 2of 5 CMRR STATUS UPDATE Angela Irizarry 6/5/2021 6/5/2021 Respondent signed for NOH on 6/5/2021 CODE ENFORCEMENT AGENDA Kim Flower 7/6/2021 7/6/2021 EMAIL RECEIVED Angela Irizarry 7/6/2021 7/6/2021 Recieved email from Karl Sanders, atty for Respondent. He asked for an extension. Responded that I would forward his request for an extension to the magistrate. CEB MEETING Angela Irizarry 7/8/2021 7/8/2021 Atty Zack Miller attended in place of Atty Karl Sanders.  Magistrate ordered that the Respondent obtain their landscape architects report and return to the City within 30 days for the City to review.  If the matter is not rectified, it will be placed on the September 2 agenda. CODE ENFORCEMENT ORDER Kim Flower 7/20/2021 7/21/2021 Special Magistrate order signed 7/21/2021. SCAN & UPLOAD EXECUTED ORDERS Kim Flower 7/23/2021 8/5/2021 EMAIL RECEIVED Angela Irizarry 7/23/2021 7/23/2021 Received email update from Atty. Sanders CMRR STATUS UPDATE Angela Irizarry 7/26/2021 7/26/2021 Received green card back for July magistrate Order NOTICE OF HEARING Angela Irizarry 8/2/2021 8/2/2021 NOH for September 2, 2021 meeting CMRR STATUS UPDATE Angela Irizarry 8/5/2021 8/5/2021 Per usps.com, notice of hearing for the September magistrate hearing was delivered on 8/5/2021 EMAIL SENT Angela Irizarry 8/18/2021 8/18/2021 Sent email to Atty Karl Sanders asking for an update.  EMAIL RECEIVED Angela Irizarry 8/19/2021 8/19/2021 Received email from Atty Karl Sanders...Agenda Item #5.A.06 Jan 2022 Page 234 of 268 Case Details City of Atlantic Beach Case Number 21‐087 Printed: Monday, 03 January, 2022 3of 5 From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com]  Sent: Wednesday, August 18, 2021 12:46 PM To: Irizarry,Angela <aIrizarry@coab.us> Cc: Askew, Amanda <aaskew@coab.us> Subject: Re: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21‐087)  Hey, Angela. I’ve been out of town and “off the grid” for the past few weeks dealing with family stuff . . . my father, who lived in Phoenix, was discharged to hospice care the last week of July and passed away 2 weeks ago.  I just got back to Jax late Sunday night and have been playing catch up at the office this week.  I reached out to our landscape architect this morning to schedule a call for a status update on his findings/report, and I expect that we will have a confirmed date/time to speak before the end of this week.  I will circle back with you and Amanda with a status update after I’ve spoken with him.  Thanks, and talk soon.   Best regards,  Karl   OTHER Angela Irizarry 8/23/2021 8/23/2021 30 days has lapsed since the date of the magistrate order ordering the respondent to submit their landscape architects report.  The report has not been received by the City as of today.  CODE ENFORCEMENT AGENDA Kim Flower 8/26/2021 8/27/2021 EMAIL RECEIVED Angela Irizarry 9/1/2021 9/1/2021 Received email from Karl Sanders.  Email included a report that Mr. Sanders stated was from his landscape architect.  The report was forwarded to planning for review and comment.  Agenda Item #5.A.06 Jan 2022 Page 235 of 268 Case Details City of Atlantic Beach Case Number 21‐087 Printed: Monday, 03 January, 2022 4of 5 CEB MEETING Angela Irizarry 9/2/2021 9/2/2021 Special Magistrate Hearing ‐ Magistrate recognized that Respondent submitted a mitigation report and ordered that them matter be placed on Nov. 4th agenda if issue has not been resolved.  CEB ORDER Kim Flower 9/14/2021 9/14/2021 Magistrate order signed and mailed. EMAIL SENT Amanda Askew 9/14/2021 9/14/2021 City response to Landscape Architect's report was sent to Karl Sanders, Tom Bourdon and Suzanne Greene.   CMRR STATUS UPDATE Angela Irizarry 9/16/2021 9/16/2021 Code Enforcement Ordered delivered to respondent Thomas Bourdon. EMAIL RECEIVED Amanda Askew 10/4/2021 10/4/2021 Atty Karl Sanders requested the City entertain a settlement offer on mitigation cost. EMAIL RECEIVED Angela Irizarry 10/25/2021 10/25/2021 Received additional information and a letter from the Landscape Architect. CEB MEETING Angela Irizarry 11/4/2021 11/4/2021 Case was heard at the 11/4/2021 hearing.  Magistrate ordered that the City review the exhibits presented by Respondent's counsel and case will be heard at January 6, 2022 hearing. NOH LTR Angela Irizarry 12/9/2021 12/9/2021 Sent notice of hearing for January 6, 2022 meeting. NOH POST AND AFF Angela Irizarry 12/27/2021 12/27/2021 Posted notice of hearing on front door of property and City Hall. CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER BOURDON THOMAS PATRICK 342 19TH STREET  ATLANTIC BEACH, FL 32233 Agenda Item #5.A.06 Jan 2022 Page 236 of 268 Case Details City of Atlantic Beach Case Number 21‐087 Printed: Monday, 03 January, 2022 5of 5 VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES Tree Penalties Angela Irizarry 4/20/2021 Sec. 23‐51. (d) Sanctions for failure to obtain a permit. (1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after‐the‐fact permit, the fee for which shall be two (2) times the normal established application fee specified in section 23‐26. In addition, as a condition of the permit, the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23‐33.  Sec 23‐46. ‐ Violations. Violations, including failure to make proper application for a tree or vegetation removal permit as required by these provisions, or failure to implement any requirements or conditions of a tree or vegetation removal permit, shall be deemed a violation of this chapter, and shall be subject to code enforcement procedures as set forth within chapter 2, article V, division 2 of this Municipal Code of Ordinances and any other remedies available under applicable law. Agenda Item #5.A.06 Jan 2022 Page 237 of 268 Page 238 of 268 Agenda Item #6.A. 06 Jan 2022 Page 239 of 268 Agenda Item #6.A. 06 Jan 2022 Page 240 of 268 f Aidi1 y R Rty! IMT,•; 7, f i. 4i14,-..,..,,::.. k...- 4 i//_ A• f ti r1 Y io it ' ' x' ce, t <` i yam—, yam—,-- 3 Y fir. yy ct, r Y, •. 71 r S inn. T t t ii C, 0. ` p, ' h.. A A - cam i 4?. M a.- r. .; 4b r s' yr Agenda Item #6.A. 06 Jan 2022 Page 241 of 268 0'-'1''' '. 4, CITY OF ATLANTIC BEACH64Afr IT A op\ N„.... sf 800 SEMINOLE ROAD 5.)ATLANTIC BEACH FL 32233 t PHONE (904)247-5800 1•01119 9/9/2021 CHAMBERLIN JACOB 780 BONITA ROAD ATLANTIC BEACH, FL 32233-4207 Real Estate Number: 171099 0000 Case Number: 21-160 Location of Violation: 780 BONITA RD, 30-60 17-2S-29E ROYAL PALMS UNIT 1 LOT 9 BLK 1 Atlantic Beach,Florida Dear Property Owner: Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the City of Atlantic Beach Code of Ordinances in Chapter 6,Article II, Section 6- 16. A code enforcement inspection at 780 BONITA RD was conducted on 9/7/2021. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: NATURE OF VIOLATION: A basketball goal has been installed in the ground in the right of way in front of your home. Portable self-standing goals are permitted but basketball goal posts cannot be installed in the ground in the right of way. VIOLATION CODE: Sec. 19-1. -Construction within and/or use of city rights-of-way. (c)Except as may be permitted in accordance with section 19- 2 hereof, no person or entity shall undertake any use of or any type of construction within city rights-of-way, including without limitation,the following: (6)Permanent recreational structures of any kind, except no recreational structures whether permanent or temporary on streets listed in section 21-17 of the Code of Ordinances. This letter requests that the noted violation(s) be corrected by removing the basketball goal within five (5) days of the receipt of this notice. Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247- 5855 or airizarry@coab.us if you have any questions or need additional information. I, Q Ca 1 ZQr k--1 hereby swear and affirm that the above statement is true and accurate. s- rely, in, G--A1/4-Afttr-\( Angela Inrry CODE ENFORCEMENT Agenda Item #6.A. 06 Jan 2022 Page 242 of 268 1-j• -/ ri,, CITY OF ATLANTIC BEACH ilk St- 800 SEMINOLE ROAD j r`} s)ATLANTIC BEACH, FL 32233V PHONE (904)247-5800 Pi,J;l9 CERTIFIED RETURN RECEIPT 7013 1710 0002 1691 9004 9/28/2021 CHAMBERLIN JACOB 780 BONITA ROAD ATLANTIC BEACH, FL 32233-4207 Real Estate Number: 171099 0000 Case Number: 21-160 Location of Violation: 780 BONITA RD, 30-60 17-2S-29E ROYAL PALMS UNIT 1 LOT 9 BLK 1 Atlantic Beach, Florida Dear Property Owner: Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the City of Atlantic Beach Code of Ordinances in Chapter 6,Article II, Section 6-16. A code enforcement inspection at 780 BONITA RD was conducted on 9/7/2021 & 9/28/2021. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: NATURE OF VIOLATION: A basketball goal has been installed in the ground in the right of way in front of your home. Portable self-standing goals are permitted but basketball goal posts cannot be installed in the ground in the right of way. VIOLATION CODE: Sec. 19-1. -Construction within and/or use of city rights-of-way. (c)Except as may be permitted in accordance with section 19-2 hereof,no person or entity shall undertake any use of or any type of construction within city rights-of-way, including without limitation,the following: (6)Permanent recreational structures of any kind, except no recreational structures whether permanent or temporary on streets listed in section 21-17 of the Code of Ordinances. This letter requests that the noted violation(s) be corrected by removing the basketball goal within five (5) days of the receipt of this notice. Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247- 5855 or airizarry@coab.us if you have any questions or need additional information. I, imiii , A it \ _ea hereby swear and affirm that the above statement is true and accurate. S' eta Iriza 40 CODE ENFORCEMENT Agenda Item #6.A. 06 Jan 2022 Page 243 of 268 ENDER: COMPLETE TH.'S SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and . :, A. Si Qtuurre II Print your name and address on the reverse X ,1 '')_ e Agent so that we can return the card to you. l Addressee Attach this card to the back of the mailpiece, / Receiv . by(Printed'Na a C. Date ofPelivery or on the front if space permits. All i_ wd 6-0/0/- 1.w1. Article Addressed to: C. s deaddress different from item 1? 0 Yes If Y-. znter delivery address below: 0 No aVtrY\ beir I 1 0 Os,e O a- tom 3. ServiceType 0 Priority Mail Express® IMIIIIII(IIIIIIIIIIIIII IIIII 0 Adult Signature Registered MailT"' 0 Adult Signature Restricted Delivery 0 Registered Mail Restricte Eil Certified Mail® Delivery 9590 9402 5982 0062 6068 97 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmations" Nail 7 013 1710 0002 1691 9004 Nail Restricted Delivery 0 SignaturestricDeliConveryRestrictedDelive 10)Agenda Item #6.A.06 Jan 2022Page 244 of 268 Agenda Item #6.A. 06 Jan 2022 Page 245 of 268 Agenda Item #6.A. 06 Jan 2022 Page 246 of 268 Agenda Item #6.A. 06 Jan 2022 Page 247 of 268 Agenda Item #6.A. 06 Jan 2022 Page 248 of 268 CS>i1>E ENFORCEMENT fix` CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING N- f-.)ri 1!J 12/9/2021 Case Number: 21-160 CHAMBERLIN JACOB Certified Mail Return Receipt: 780 BONITA ROAD 7017 0660 0000 3856 5347 ATLANTIC BEACH, FL 32233-4207 Property Address: 780 BONITA RD ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on January 6, 2022 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 780 BONITA RD, 30-60 17-2S-29E ROYAL PALMS UNIT 1 LOT 9 BLK 1 Atlantic Beach, Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances VIOLATION CODE: Sec. 19-1. - Construction within and/or use of city rights-of-way. (c) Except as may be permitted in accordance with section 19-2 hereof, no person or entity shall undertake any use of or any type of construction within city rights-of-way, including without limitation, the following: 6)Permanent recreational structures of any kind, except no recreational structures whether permanent or temporary on streets listed in section 21-17 of the Code of Ordinances. STATEMENT OF CODE ENFORCEMENT OFFICER: A basketball goal has been installed in the ground in the right of way in front of your home. Portable self-standing goals are permitted but basketball goal posts cannot be installed in the ground in the right of way. If the violation is corrected and then recurs or if the violation was not corrected by the time specified for correction by the Code Enforcement Officer in the Notice of Violation that you received,the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure,please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. Page 1 of 2 Agenda Item #6.A. 06 Jan 2022 Page 249 of 268 I, R-C\`Y P, _ Q S —t-SV V\e hereby swear and affirm that the above statement is true and accurate. Angela Iriz Code Enforcement Officer, City o antic Beach ATTEST: Kim Flower, Records Clerk Page 2 of 2 Agenda Item #6.A. 06 Jan 2022 Page 250 of 268 ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3. A. Signature Print your lfAiiia and address on the reverse X 0i 9,-ent so that we can return the card to you.0 Address® Attach this card to the back of the mailpiece, B. -" e ed by(Prints Name) C. Date of Delivers or on the front if space permits. e 2--1/- 1. 2'1/ 1. Article Addressed to: D. Is delivery ad.ess different from item 1? Yes If YES,enter delivery address below: 0 No Chamber' in -ac ob 111111II'II IIII I(I I (III I I I I I I I IIII IIII I I 3. Service Type 0 PriorityeiMail Express® 0 Adult Signature 0 Registered Express® 0 Adult Signature Restricted Delivery 0 Registered Mail Restrict, 0 Certified Mail® Delivery 9590 9402 5982 0062 6066 51 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation', nsured Mail 0 Signature Confirmation 7 017 0660 0000 3856 5347 nsured Mail Restricted Delivery Restricted Delivery over$500) DC 1=nrm g5:11 1 _L,hi gni c DOM 7mQn_no_nnn_onsz rlmmc.efir Refnrn Paroint Agenda Item #6.A.06 Jan 2022Page 251 of 268 Page 252 of 268 Case Details City of Atlantic Beach Case Number 21‐160 Printed: Monday, 03 January, 2022 1of 2 Description: BB goal in r‐o‐w Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 9/9/2021 Closed:  Last Action: 1/21/2022 Fllw Up: 12/17/2021 Site Address: 780 BONITA RD ATLANTIC BEACH, FL 32233 Site APN: 171099 0000 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES NOV REG Angela Irizarry 9/9/2021 9/9/2021 NOV CERT Angela Irizarry 9/28/2021 9/28/2021 CMRR RECEIVED W/SIGNATURE Angela Irizarry 10/5/2021 10/5/2021 Per usps.com Letter was delivered to Agent on 10/1/2021 NOTICE OF HEARING Kim Flower 12/6/2021 12/10/2021 CMRR STATUS UPDATE Angela Irizarry 12/11/2021 12/11/2021 Letter was delivered by Post office CODE ENFORCEMENT AGENDA Kim Flower 12/30/2021 12/30/2021 CODE ENFORCEMENT ORDER Kim Flower 1/18/2022 SCAN & UPLOAD EXECUTED ORDERS Kim Flower 1/21/2022 Agenda Item #6.A.06 Jan 2022 Page 253 of 268 Case Details City of Atlantic Beach Case Number 21‐160 Printed: Monday, 03 January, 2022 2of 2 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER CHAMBERLIN JACOB 780 Bonita Road  ATLANTIC BEACH, FL 32233‐4207 INSPECTIONS INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI REINSPECTION AI 9/17/2021 9/28/2021 VIOLATION CONTINUES REINSPECTION AI 10/11/2021 10/12/2021 VIOLATION CONTINUES VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES BB GOAL IN RIGHT OF WAY Angela Irizarry 9/9/2021 Sec. 19‐1. ‐ Construction within and/or use of city rights‐of‐way. (c) Except as may be permitted in accordance with section 19‐2 hereof, no person or entity shall undertake any use of or any type of construction within city rights‐of‐way, including without limitation, the following: (6)Permanent recreational structures of any kind, except no recreational structures whether permanent or temporary on streets listed in section 21‐17 of the Code of Ordinances. Agenda Item #6.A.06 Jan 2022 Page 254 of 268 Case Details City of Atlantic Beach Case Number 21‐161 Printed: Monday, 03 January, 2022 1of 2 Description: BB goal in r‐o‐w Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 9/9/2021 Closed:  Last Action: 1/21/2022 Fllw Up: 11/1/2021 Site Address: 860 BONITA RD ATLANTIC BEACH, FL 32233 Site APN: 171105 0000 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES NOV REG Angela Irizarry 9/9/2021 9/9/2021 NOV CERT Angela Irizarry 9/28/2021 9/28/2021 TELEPHONE MESSAGE Angela Irizarry 10/1/2021 10/1/2021 Received voicemail from Mr. Knieriemen. Returned call and left voicemail message.  CMRR RECEIVED W/SIGNATURE Angela Irizarry 10/5/2021 10/5/2021 Received signed green card Per usps.com the letter was delivered to Agent on 10/1/2021. NOTICE OF HEARING Kim Flower 12/6/2021 12/10/2021 CMRR STATUS UPDATE Angela Irizarry 12/11/2021 12/11/2021 Green Card signed for on 12/11/2021 CODE ENFORCEMENT AGENDA Kim Flower 12/30/2021 12/30/2021 CODE ENFORCEMENT ORDER Kim Flower 1/18/2022 Agenda Item #6.B.06 Jan 2022 Page 255 of 268 Case Details City of Atlantic Beach Case Number 21‐161 Printed: Monday, 03 January, 2022 2of 2 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER KNIERIEMEN DANIEL J JR 860 BONITA RD  ATLANTIC BEACH, FL 32233‐4229 (904)588‐8267 INSPECTIONS INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI REINSPECTION AI 9/17/2021 9/28/2021 VIOLATION CONTINUES REINSPECTION AI 10/11/2021 10/12/2021 VIOLATION CONTINUES VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES BB GOAL IN RIGHT OF WAY Angela Irizarry 9/9/2021 Sec. 19‐1. ‐ Construction within and/or use of city rights‐of‐way. (c) Except as may be permitted in accordance with section 19‐2 hereof, no person or entity shall undertake any use of or any type of construction within city rights‐of‐way, including without limitation, the following: (6)Permanent recreational structures of any kind, except no recreational structures whether permanent or temporary on streets listed in section 21‐17 of the Code of Ordinances. Agenda Item #6.B.06 Jan 2022 Page 256 of 268 Agenda Item #6.B. 06 Jan 2022 Page 257 of 268 Agenda Item #6.B. 06 Jan 2022 Page 258 of 268 Agenda Item #6.B.06 Jan 2022Page 259 of 268 s s vi:f. . CITY OF ATLANTIC BEACH my) sf 800 SEMINOLE ROAD s)ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 053 TP 9/9/2021 KNIERIEMEN DANIEL J JR 860 BONITA RD ATLANTIC BEACH, FL 32233-4229 Real Estate Number: 171105 0000 Case Number: 21-161 Location of Violation: 860 BONITA RD,30-60 17-2S-29E ROYAL PALMS UNIT 1 LOT 15 BLK 1 Atlantic Beach, Florida Dear Property Owner: Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. A code enforcement inspection at 860 BONITA RD was conducted on 9/7/2021. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: VIOLATION CODE: Sec. 19-1. -Construction within and/or use of city rights-of-way. (c)Except as may be permitted in accordance with section 19-2 hereof,no person or entity shall undertake any use of or any type of construction within city rights-of-way, including without limitation,the following: (6)Permanent recreational structures of any kind, except no recreational structures whether permanent or temporary on streets listed in section 21-17 of the Code of Ordinances. NATURE OF VIOLATION: A basketball goal has been installed in the ground in the right of way in front of your home. Portable self standing goals are permitted but basketball goal posts can not be installed in the ground in the right of way. This letter requests that the noted violation(s) be corrected by removing the basketball goal within five (5) days of the receipt of this notice. Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247- 5855 or airizarry@coab.us if you have any questions or need additional information. I, Onyta \--aaic hereby swear and affirm that the above statement is true and accurate. S. rely, liti3 Angela Irizarry CODE ENFORCEMENT Agenda Item #6.B. 06 Jan 2022 Page 260 of 268 LAN t, ? CITY OF ATLANTIC BEACH Aiiii0`'` if 800 SEMINOLE ROAD c)ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 Js31 CERTIFIED RETURN RECEIPT 7013 1710 0002 1691 9011 9/28/2021 KNIERIEMEN DANIEL J JR 860 BONITA RD ATLANTIC BEACH, FL 32233-4229 Real Estate Number: 171105 0000 Case Number: 21-161 Location of Violation: 860 BONITA RD, 30-60 17-2S-29E ROYAL PALMS UNIT 1 LOT 15 BLK 1 Atlantic Beach, Florida Dear Property Owner: Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6- 16. A code enforcement inspection at 860 BONITA RD was conducted on 9/7/2021 & 9/28/2021. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: VIOLATION CODE: Sec. 19-1. -Construction within and/or use of city rights-of-way.(c)Except as may be permitted in accordance with section 19-2 hereof, no person or entity shall undertake any use of or any type of construction within city rights-of-way, including without limitation,the following: (6)Permanent recreational structures of any kind,except no recreational structures whether permanent or temporary on streets listed in section 21- 17 of the Code of Ordinances. NATURE OF VIOLATION: A basketball goal has been installed in the ground in the right of way in front of your home. Portable self standing goals are permitted but basketball goal posts can not be installed in the ground in the right of way. This letter requests that the noted violation(s) be corrected by removing the basketball goal within five (5) days of the receipt of this notice. Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247- 5855 or airizarry@coab.us if you have any questions or need additional information. I, (Ale.\O. i-fit(('_j hereby swear and affirm that the above statement is true and accurate. S'. --rely,It 3 • Angela Iri.. I CODE ENFORCEMENT Agenda Item #6.B. 06 Jan 2022 Page 261 of 268 Agenda Item #6.B. 06 Jan 2022 Page 262 of 268 Agenda Item #6.B. 06 Jan 2022 Page 263 of 268 ENDER: COMPLETE T'-lS ECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3. A. Signature) / i3--- r Print your name and address on the reverse x (/ r Agent so that we can return the card to you. 0 Addresse( Attach this card to the back of the mailpiece,B. .- eived by(Printed Name) C. Date of Deliver) or on the front if space permits.nL 14 44, _I 1 1. Article Addressed to: D. Is delive C.dr-ss different from item 1? 0 Yes If YES,enter delivery address below: No Kn 1 a 1 omen 0_,& 91 -1U2 1 3.vice iority11111111111IIIIIII111111111111111111dulttSignatureeRestrictedDelivery0RegisteredMallRest®tE Adult Signature Registered Mar" 9590 9402 5982 0062 6068 80 0 Certified Mail® Delivery Certified Mail Restricted Delivery 0 Return Receipt for Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation" tail 0 Signature Confirmation 7 013 1710 0002 1.6 91 9 011 tail Restricted Delivery Restricted Delivery DO r....,...I5211 i..i.,nnac r,o.i,cnn.,.,nn.,r,nrn Agenda Item #6.B.06 Jan 2022Page 264 of 268 USPS TRACKING# 111111 I - " II•II I I II' I P 2 i- 9590 9402 5982 0062 6068 80 United States Sender:Please print your name,address,and ZIP+4e in this box Postal Service City of Atlantic Beach Attn: Code Enforcement 800 Seminole Road Atlantic Beach, FL 32233 Agenda Item #6.B.06 Jan 2022Page 265 of 268 r 0LJ-111 , CODE ENFORCEMENT 0 CITY OF ATLANTIC BEACH, FLORIDA ilitr, NOTICE OF HEARING 12/9/2021 Case Number: 21-161 KNIERIEMEN DANIEL J JR Certified Mail Return Receipt: 860 BONITA RD 7017 0660 0000 3856 5354 ATLANTIC BEACH, FL 32233-4229 Property Address: 860 BONITA RD ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on January 6, 2022 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road,to answer and be heard on the following alleged violations on the property known as 860 BONITA RD, 30-60 17-2S-29E ROYAL PALMS UNIT 1 LOT 15 BLK 1 Atlantic Beach, Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances VIOLATION CODE: Sec. 19-1. - Construction within and/or use of city rights-of-way. (c) Except as may be permitted in accordance with section 19-2 hereof, no person or entity shall undertake any use of or any type of construction within city rights-of-way, including without limitation, the following: 6)Permanent recreational structures of any kind, except no recreational structures whether permanent or temporary on streets listed in section 21- 17 of the Code of Ordinances. STATEMENT OF CODE ENFORCEMENT OFFICER: A basketball goal has been installed in the ground in the right of way in front of your home. Portable self-standing goals are permitted but basketball goal posts cannot be installed in the ground in the right of way. This is a repeat violation. A case regarding this issues was previously heard by the Special Magistrate on January 9, 2020. Repeat violations are subject to fines of up to $500/day. If the violation is corrected and then recurs or if the violation was not corrected by the time specified for correction by the Code Enforcement Officer in the Notice of Violation that you received,the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure,please contact Page 1 of 2 Agenda Item #6.B. 06 Jan 2022 Page 266 of 268 r the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. I,Uu.Q),cC {hereby swear and affirm that the above statement is true and A6curate. Angela Iriz Code Enforcement Officer, City o t antic Beach ATTEST: Kim Flower, Records Clerk Page 2 of 2 Agenda Item #6.B. 06 Jan 2022 Page 267 of 268 ENDER: COMPLETE THIS SECTION r" r • Complete items 1,2,and 3. Signature Print your name and address on the reverse a 9ent X so that we can return the card to you.0 Addresse Attach this card to the back of the mailpiece, B eiv d b P ted Nary C. Date of Deliver11Attach on the front if space permits. 12-41-a I. Article Addressed to: D. Is delive dress different from item 1? 0 Yes If YES,`nter delivery address below: 0 No hril' ri omen Dale' l J;Yr. Cn -i III IIII III 'I I I1 I 'III I II I I III I I I I 3. Service Type 0 Adult Signature 0 Priority Mail Express® Registered MaiITM 0 Adult Signature Restricted Delivery 0 Registered Mail Restrict 0 Certified Mail® Delivery 9590 9402 5982 0062 6066 99 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation, Insured Mail 0 Signature Confirmation 017 0660 0000 3856 5354 Insured Mail Restricted Delivery Restricted Delivery over$500) 2C Germ,DRi 1 _1,I,onl c Deni, n_no_nnn_ona4 rinmcetir Rah irn Rercinl Agenda Item #6.B.06 Jan 2022Page 268 of 268