07-07-22 CESM Agenda
City of Atlantic Beach
Agenda
Code Enforcement Special Magistrate Meeting
Thursday, July 7, 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 May 5, 2022 regular meeting of the Special Magistrate
meeting.
05-05-22 -Code Enforcement Special Magistrate - DRAFT Minutes
3 - 4
3. ADMINISTRATION OF OATH
4. OLD BUSINESS
4.A.
CASE#: 18-293 *
NAME: Ryant Vriga
ADDRESS: 532 Atlantic Beach Ct
Case Details 18-293
CE 532 ATLANTIC BEACH CT CASE 18-293
5 - 81
4.B.
CASE#: 21-052
NAME: Brenda Page
ADDRESS: 1251 Tulip St
Case Details 21-052
CE 1251 Tulip St Case #21-052
83 - 120
5. NEW BUSINESS
5.A.
CASE#: 21-188
NAME: Alex Ertel
ADDRESS: 1985 Mayport Rd
Case Details 21-188
CE 1985 Mayport Road Case #21-188
121 - 139
5.B.
CASE#: 22-008
NAME: Thomas Glavin
ADDRESS: 346 Sargo Rd
Case Details 22-008
CE 346 Sargo Rd Case #22-008
141 - 154
6. ADJOURNMENT
Page 1 of 154
Code Enforcement Special Magistrate - 07 Jul 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 154
Present: Angela Irizarry, Code Enforcement Officer
Suzanne Green, Special Magistrate
Ladayija Nichols, Deputy City Clerk (DCC)
Vanessa Angers, Records Clerk (RC)
1. CALL TO ORDER
Magistrate Green called the meeting to order at 2:00 P.M.
2. APPROVAL OF MINUTES
A.Minutes of the March 3, 2022 regular meeting of the Special Magistrate were approved.
3. ADMINISTRATION OF OATH
Magistrate Green administered the Oath to the attendees, staff and respondents.
4. OLD BUSINESS
A.CASE#: 21-087
NAME: Bourdon Thomas Patrick *
ADDRESS: 342 19th St
Testified: CE Officer Irizarry
Respondent: Bourdon Thomas Patrick was not present.
Action: The Motion to Stay the Enforcement of the January 6, 2022, Order is
granted as agreed to by the Parties. Counsel for the Respondent (who filed the
Motion) shall submit to the Court an Order granting his motion consistent with the
ruling of this
Court.
B.CASE#: 20-154
NAME: Manuzon Rolando Figueroa *
ADDRESS: 1340 Violet St
Testified: CE Officer Irizarry
Code Enforcement Special Magistrate
May 5, 2022
Page 1 of 2
MINUTES
Code Enforcement Special Magistrate Meeting
Thursday, May 5, 2022 - 2:00 PM
Commission Chamber
Agenda Item #2.A.
07 Jul 2022
Page 3 of 154
Respondent: Manuzon Rolando Figueroa was not present.
Action: That the Respondent remains in violation of Sec. 24-157 and Sec. 24-17.
The Respondent shall be fined the amount of One hundred dollars ($100.00) per
day commenc ing May 5, 2022 until compliance is attained.
C.CASE#: 21-061
NAME: Fritz E Reinhardt Living Trust
ADDRESS: 1328 7th St
Testified: CE Officer Irizarry
Respondent: Fritz E. Reinhardt was not present.
Action: That the Respondent has corrected the violations and no further action is
necessary.
5. NEW BUSINESS
A.CASE#: 18-293
NAME: Vriga Ryant *
ADDRESS: 532 Atlantic Beach Ct
Testified: CE Officer Irizarry
Respondent: Vriga Ryant was not present.
Action: That the Respondent shall be granted a continuance until the next
scheduled hearing date.
6. ADJOURNMENT
There being no further discussion, Magistrate Green declared the meeting adjourned at 2:14 p.m.
Attest:
Suzanne Green, Special Magistrate Vanessa Angers, Records Clerk
Code Enforcement Special Magistrate
May 5, 2022
Page 2 of 2
Agenda Item #2.A.
07 Jul 2022
Page 4 of 154
Case Details City of Atlantic Beach Case Number 18‐293 Printed: Tuesday, 05 July, 2022 1of 5 Description: No fence around pool. Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 9/17/2018 Closed: 12/3/2020 Last Action: 11/20/2020 Fllw Up: Site Address: 532 ATLANTIC BEACH CT ATLANTIC BEACH, FL 32233 Site APN: 169505 1405 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES NOV CERT Mike Jones 9/17/2018 9/17/2018 TELEPHONE MESSAGE Mike Jones 9/24/2018 9/24/2018 Rcvd message from Mr. Ryant. Stated he spoke with his atty and his atty advised that a child pool barrier was sufficient. Mr. Ryant was sent the code section stipulating that a fence was required. TELEPHONE CALL Mike Jones 9/24/2018 9/24/2018 MJ spoke to owner who stated he is calling his lawyer about the requirement to have a fence around a swimming pool ... safety issue forwarded to CEB NOTICE OF VIOLATION POST Toni Gindlesperger 9/26/2018 MISC LETTER/CORRESPONDENCE Dan Arlington 9/27/2018 9/27/2018 Letter sent to Owner revoking permit. NOTICE OF HEARING Deborah White 9/27/2018 9/27/2018 CMRR RETURNED FROM PO Deborah White 10/11/2018 10/11/2018 NOV dated 9/17 returned "Attempted Not Known" Unable to forward Agenda Item #4.A.07 Jul 2022
Page 5 of 154
Case Details City of Atlantic Beach Case Number 18‐293 Printed: Tuesday, 05 July, 2022 2of 5 CMRR RECEIVED W/SIGNATURE Angela Irizarry 10/30/2018 10/30/2018 Per usps.com NOH dated 9/27/18 Delivered. CODE BOARD MEETING AGENDA Lori Diaz 11/18/2018 11/20/2018 NOTICE OF HEARING Lori Diaz 11/29/2018 11/29/2018 MISC NOTES/ACTION Angela Irizarry 11/29/2018 11/29/2018 11/28/18 CEB ORDER POSTED ON PROPERTY CODE BOARD ORDER Lori Diaz 11/29/2018 11/29/2018 TELEPHONE CALL Angela Irizarry 11/30/2018 11/30/2018 SPOKE WITH MR. RYANT. POOL SAFETY FENCE HAS BEEN INSTALLED. PER BUILDING DEPARTMENT THE SAFETY FENCE MEETS CODE FOR POOL SAFETY AND SATISFIES THE VIOLATION. FENCE MUST BE UP WHEN THE POOL IS NOT BEING USED. ADVISED MR. RYANT THAT USE OF THE BARRIER WOULD BE MONITORED. VISITED SITE AND VERIFIED SAFETY BARRIER WAS INSTALLED AS STATED BY MR. RYANT. SCAN & UPLOAD EXECUTED ORDERS Lori Diaz 12/10/2018 11/29/2018 CERT MAIL RECEIPT RECEIVED Angela Irizarry 12/24/2018 12/26/2018 RCVD SIGNED GREEN CARD FOR NOH. CODE BOARD MEETING AGENDA Lori Diaz 12/28/2018 12/28/2018 CODE BOARD ORDER Lori Diaz 1/23/2019 1/18/2019 Agenda Item #4.A.07 Jul 2022
Page 6 of 154
Case Details City of Atlantic Beach Case Number 18‐293 Printed: Tuesday, 05 July, 2022 3of 5 SCAN & UPLOAD EXECUTED ORDERS Lori Diaz 1/23/2019 1/23/2019 OTHER Angela Irizarry 9/22/2020 9/22/2020 Bill Natter, VP of the Atlantic Beach Country Club contacted Dan Arlington, COAB about houses in ABCC that have pools and are not using their safety fences. The pools are on the golf course and are being left open and accessible. OTHER Angela Irizarry 9/25/2020 9/25/2020 Completed a site visit with Mr. Natter, VP of the ABCC HOA. The houses with the unsecured pools are not visible from the street. Mr. Natter took me out on a golf cart to show me the houses. One of those houses was 532 Atlantic Beach Court. This property was previous cited for an unsecured pool. The violation was previous viewable from the neighboring property while it was under construction. The pool abuts the golf course. NOTICE OF HEARING Angela Irizarry 9/28/2020 9/28/2020 CMRR STATUS UPDATE Angela Irizarry 10/26/2020 10/26/2020 Per usps.com ‐ Letter still in Transit NOH POST AND AFF Angela Irizarry 10/26/2020 10/26/2020 CEB MEETING Angela Irizarry 11/5/2020 11/5/2020 Special Magistrate hearing scheduled for 11/5/2020 postponed. NOH LTR Angela Irizarry 11/10/2020 11/20/2020 NOH for 12/5/2020 magistrate meeting CMRR STATUS UPDATE Angela Irizarry 11/23/2020 11/23/2020 Per usps.com Certified letter was delivered on 11/12/2020 CEB MEETING Angela Irizarry 12/3/2020 12/3/2020 Mr. Ryant appeared at hearing and showed the Magistrate a live video showing the fence was in place. Mr. Ryant was found in compliance. Agenda Item #4.A.07 Jul 2022
Page 7 of 154
Case Details City of Atlantic Beach Case Number 18‐293 Printed: Tuesday, 05 July, 2022 4of 5 TELEPHONE CALL Angela Irizarry 4/11/2022 4/11/2022 Neighbor across the street called to say pool barrier was down again. NOH POST AND AFF Angela Irizarry 4/11/2022 4/11/2022 Posted NOH for May meeting on the front door of the home. CEB ORDER Angela Irizarry 5/5/2022 5/5/2022 Deferred to July 7, 2022 NOH LTR Angela Irizarry 6/13/2022 6/13/2022 Noticed for July 7, 2022 meeting CMRR STATUS UPDATE Angela Irizarry 6/15/2022 6/15/2022 Per usps.com ‐ NOH was delivered on 6/15 @ 11:19am CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER VRIGA RYANT 532 Atlantic Beach Court ATLANTIC BEACH, FL 32233‐5810 (904)710‐7153 VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKSNOTES Enclosures Angela Irizarry 9/27/2018 REAR YARD IPMC Sec. 303.1 Private swimming pools, hot tubs, and spas containing water more than twenty four inches in depth shall be completely surrounded by a fence or barrier at least forty eight (48) inches in height above the finished ground lever measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self‐ closing the pool. Gates and doors in such barriers shall be self‐closing and self latching. Where the self‐latching device is a minimum of 54 inches above the bottom of the gate the release mechanism shall be located on the pool side of the gate. Self‐closing and self‐latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 in inches from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Agenda Item #4.A.07 Jul 2022
Page 8 of 154
Case Details City of Atlantic Beach Case Number 18‐293 Printed: Tuesday, 05 July, 2022 5of 5 FBC Revocation of Permit Deborah White 9/27/2018 FBC Section 111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate was issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. Fence (Required Pools) Mike Jones 9/17/2018 Sec. 24‐164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with a depth greater than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at least four (4) feet in height and designed in compliance with all applicable state and local regulations. Florida Building Code Deborah White 9/24/2018 Sec. 6‐16. Adoption of Florida Building Code. There is hereby adopted, subject to any modifications, changes and amendments set forth in this article, and for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as The Florida Building Code established by Florida Statutes Chapter 553, Part VII, as amended from time to time so that the latest edition of the Florida Building Code shall apply and the International Property Maintenance Code, most recent edition. in the office of the city clerk, and the same are adopted and incorporated as fully as if set out at length in this article, and the provisions thereof shall be controlling in the construction of all buildings and other structures within the city. Agenda Item #4.A.07 Jul 2022
Page 9 of 154
Page 10 of 154
Property Appraiser- Property Details Page 1 of 2
VRIGA RYANT Primary Site Address Official Record Book/Page Tile#
532 ATLANTIC BEACH CT 532 ATLANTIC BEACH CT 17024-00538 9408
ATLANTIC BEACH,FL 32233 Atlantic Beach FL 32233
MCLAUGHLIN BRENNA S
532 ATLANTIC BEACH CT
Property Detail Value Summary
RE# 169505-1405 2017 Certified 2018 In Progress
Tax District USD3 Value Method CAMA CAMA
1 PropertyUse 0100 Single Family Total Building Value $0.00 875,583.00
r#of Buildings._ 1 Extra Feature Value $0.00 26,125.00
Legal Dela
For full legal description see Land Value(Market) $248,640.00 $288,960.00
Land&Legal section below Land Value(Aark.1 $0.00 0.00
Subdivision 06884 ATLANTIC BEACH COUNTRY CLUB UNIT 02 Just(Market)Value $248,640.00 $1,190,668.00
Total Area 113719 Assessed Value $248,640.00 $1,190,668.00
The sale of this property may result in higher property taxes.For more information go Cap Diff/Portability Amt $0.00/$0.00 $0.00/$0.00
to Save Our Homes and our Property Tax Estimator.'In Progress'property values, Exemptions $0.00 See below
exemptions and other supporting information on this page are part of the working tax
roll and are subject to change.Certified values listed in the Value Summary are those Taxable Value $248,640.00 See below
certified in October,but may include any official changes made after certification
Learn how the Property Appraiser's Office values Drooerty.
Taxable Values and Exemptions—In Progress+
If there are no exemptions applicable to a taxing authority,the Taxable Value is the same as the Assessed Value listed above in the Value
Summary box.
County/Municipal Taxable Value S)RWMD/FIND Taxable Value School Taxable Value
Assessed Value 1,190,668.00 AcsPssed Value 1,190,668.00 Assessed Value 1,190,668.00
Homestead(HX) 25,000.00 Homestead(HX) 25,000.00 Homestead(HX) 25,000.00
Homestead Banding 196. 031(1)(b)(HB) Homestead Banding 196.031(1)(b)(HB) Taxable Value 1,165,668.00
25,000.00 25,000.00
Taxable Value 1,140,668.00 Taxable Value 1,140,668.00
Sales History '
Book/Page I Sale Date 1 Sale Price I Deed Instrument Type Code Oualified/Unoualified Vacant/Improved 1
17024-00538 112/23/2014 $425,000.00 I SW-Special Warranty I Qualified Vacant
00067-00132 111/21/2014 ; $100.00 I PB-Plat Book Unqualified Vacant
Extra Features '
LN Feature Code I Feature Description Bldg. I Length 'Width !Total Units I Value
11 1
FPGR7 Fireplace Gas 1 10 0 1.00 I $5,512.00
2 POLR3 Pool i 1 1 0 0 11.00 I $20,613.00
Land&Legal
Land Legal
I Land Land Land LN I Legal DescriptionLNIc_gilg I Use Description Zoning I Front!Depth Category,Units !Tyne ,I Value
I 1 1 67-132 08-2S-29E.315
1 RES GOLF LD 3-7 UNITSi
I
Front
1 0150 ASPA 1 70.00 j 120.00 I Common 70.00 288, 960.00 ATLANTIC BEACH COUNTRY
PER AC Footage 2 CLUB UNIT 2
13 1 LOT 22
Buildings .
Building 1
Building 1 Site Address I Element I Code I Detail532ATLANTICBEACHCTUnit
Atlantic Beach FL 32233 I Exterior Wall 18 !8 Horizontal Lap
I Exterior Wall 117 1 17 C.B.Stucco l , °,
LiBuilding Type 0108-SFR CLASS 2 IRoof Struct 3 3 Gable or Hip r e f L
p
Year Built 2017 I Roofing Cover 3 i 3 Asph/Comp Sting i r11,i" :,,,,
Building Value 875,583.00 I Interior Wall 15 j 5 Drywall L z,.r L
lI
I Int Flooring 11 1 11 Cer Clay Tile
Effective I Int Flooring1 14 CarpetTvceiAreaIAreaAreaIHeatingFuel
44 !
4 Electric
https://paopropertysearch.coj.netBasic/Detail.aspx?RE=1695051405 9/27/2018
Agenda Item #4.A.
07 Jul 2022
Page 11 of 154
J-\17j CITY OF ATLANTIC BEACH
J .
800 SEMINOLE ROAD
i., r ATLANTIC BEACH, FL 32233
PHONE (904)247-5800
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CERTIFIED MAIL RETURN RECEIPT REQUESTED
70170660000038567174
9/17/2018
VRIGA RYANT
532 Atlantic Beach Court
ATLANTIC BEACH, FL 32233-5810
Real Estate Number: 169505 1405 Case Number: 18-293
Location of Violation: 532 ATLANTIC BEACH CT, Atlantic Beach, Florida
Dear Property Owner:
Please be advised, Atlantic Beach Code Enforcement has found your property referenced above to be in
violation of the City of Atlantic Beach, Code of Ordinances,to wit:
VIOLATION(S)
Sec. 24-164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with a depth
greater than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at least four (4) feet in
height and designed in compliance with all applicable state and local regulations.
This letter requests that the noted violation(s) be corrected by upon receipt of this notice.
To avoid having this case be referred to the Code Enforcement Board, all listed violations on this notice
must be in compliance on or before the date established by Atlantic Beach Code Enforcement. The
Board may impose fines up to two hundred fifty ($250.00) per day for continuing violations. Upon
completing the corrective action required, it is your responsibility to contact Atlantic Beach Code
Enforcement and arrange for an inspection to verify compliance.
It is our goal to keep our neighborhoods looking well maintained while protecting property values and
your cooperation in this matter is greatly appreciated. Please contact Atlantic Beach Code Enforcement
at(904) 247-5855 if you have any questions or need additional information.
Sincerely,
in ju 9._. .)._<._
Mike Jones
Building Inspector
247-5844
mjones@coab.us
Agenda Item #4.A.
07 Jul 2022
Page 12 of 154
I. . •os a ervice
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
1 For delivery information,visit our website at www.usps.com .
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xi Certified Mail Fee
71 Extra Services&Fees(check box,add fee as appropnate)
Return Receipt(hardcopy) $
Return Receipt(electronic) $ Postmark
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Total Postage and Fees
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City,State,ZIP+4b Agenda Item #4.A.07 Jul 2022Page 13 of 154
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532 Atlantic Beach Court
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SENDER: 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
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so that we can return the card to you.0 Addressee
Attach this card to the back of the mailpiece,B. Received by(Printed Name) C. Date of Delivery
or on the front if space permits.
4 1. Article Addressed to: D. Is delivery address different from item 1? 'Yes
If YES,enter delivery address below: 0 No
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PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Agenda Item #4.A.07 Jul 2022Page 15 of 154
g CITY OF ATLANTIC BEACH
t1800 SEMINOLE ROAD
J ATLANTIC BEACH,FL 32233
PHONE (904)247-5800
4us119'1"1.. /i7 9/17/2018
VRIGA RYANT
532 Atlantic Beach Court
ATLANTIC BEACH, FL 32233-5810
Real Estate Number: 169505 1405 Case Number: 18-293
Location of Violation: 532 ATLANTIC BEACH CT, Atlantic Beach, Florida
Dear Property Owner:
Please be advised, Atlantic Beach Code Enforcement has found your property referenced above to be in
violation of the City of Atlantic Beach, Code of Ordinances, to wit:
VIOLATION(S)
Sec. 24-164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with a depth
greater than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at least four (4) feet in
height and designed in compliance with all applicable state and local regulations.
This letter requests that the noted violation(s) be corrected upon receipt of this notice.
To avoid having this case be referred to the Code Enforcement Board, all listed violations on this notice
must be in compliance on or before the date established by Atlantic Beach Code Enforcement. The
Board may impose fines up to two hundred fifty ($250.00) per day for continuing violations. Upon
completing the corrective action required, it is your responsibility to contact Atlantic Beach Code
Enforcement and arrange for an inspection to verify compliance.
It is our goal to keep our neighborhoods looking well maintained while protecting property values and
your cooperation in this matter is greatly appreciated. Please contact Atlantic Beach Code Enforcement
at( 904) 247-5855 if you have any questions or need additional information.
Sincerely,
Mike Jones
Building Inspector
247-5844
mjones@coab.us
Agenda Item #4.A.
07 Jul 2022
Page 16 of 154
White, Debbie
it/ 5
From: Arlington, Daniel
Sent: Monday, September 24, 2018 4:10 PM
To: White, Debbie;Jones, Mike
Subject: No pool barrier
Attachments: ABCC PUD Text.pdf
The ABCC PUD/SPA text is attached.
Section N, second paragraph references COAB Chapter 24,Article Ill, Division 7, which includes Section 24-164,
Swimming Pools.
Section 24- 164(C) requires all pools to be enclosed.
Da IA Arlivtgtovt
Dan Arlington, CBO
Building Official
City of Atlantic Beach, Florida
darlington(a coab.us
904) 247-5813
1
Agenda Item #4.A.
07 Jul 2022
Page 17 of 154
U.S. Postal Service'
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information,visit our website at www.usps.com®.
Certified Mail Fee
11 Extra Services&Fees(check box,add fee as appropriate)
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City,State,ZIP+4 Agenda Item #4.A.07 Jul 2022Page 19 of 154
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t ity,State,ZIP+40 Agenda Item #4.A.07 Jul 2022Page 20 of 154
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City,State,ZIP+4ZA3 Agenda Item #4.A.07 Jul 2022Page 21 of 154
corrected in the time specified for correction by the Code Enforcement Officer, the case could be
presented to the Code Enforcement Board even if the violation has been corrected prior to the Board
hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic
Beach Code Enforcement and arrange for an inspection to verify compliance at(904) 247-5855.
You have the right to obtain an attorney at your own expense and to present witnesses in 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 (5) days of the receipt of this notice at(904) 247-5821. Please
not the presence of a court reporter for the purpose of insuring a verbatim record in the event of an
appeal should be secured at your expense.
ATTEST:
0.4, ao,eie.,
Deborah White, Code Enforcement Donna L. Bartle, City Clerk
cc: Scott Williams, Public Works Director
Agenda Item #4.A.
07 Jul 2022
Page 22 of 154
SCOPE AND ADMINISTRATION
I 110.8.4.4 All plans for the building which are required 5. A statement that the described portion of the structure
I to be signed and sealed by the architect or engineer of has been inspected for compliance with the require-
1
record contain a statement that,to the best of the archi- ments of this code for the occupancy and division of
tect's or engineer's knowledge,the plans and speciflca- occupancy and the use for which the proposed occu-
tions comply with the applicable minimum building pancy is classified.
I codes and the applicable fire-safety standards as deter- 6. For buildings and structures in flood hazard areas, a 1
I mined by the local authority in accordance with this statement that documentation of the as-built lowest
I
section and Chapter 633,Florida Statutes. floor elevation has been provided and is retained in 1
110.8. 5 No enforcing agency may issue a building permit the records of the authority having jurisdiction
for construction of any threshold building except to a
7. The name of the building official.I licensed general contractor, as defined in Section I
I 489.105(3)(a), Florida Statutes, or to a licensed building 8. The edition of the code under which the permit was 1
I contractor, as defined in Section 489.105(3)(b), Florida issued.
I
Statutes,within the scope of her or his license.The named 9. The use and occupancy,in accordance with the provi- 1
contractor to whom the building permit is issued shall sions of Chapter 3.
1 have the responsibility for supervision,direction,manage-
I ment and control of the construction activities on the proj-
10. The type of construction as defined in Chapter 6.
1
I ect for which the building permit was issued.11. The design occupant load. I
I 110.8.6 The building department may allow a special 12. If an automatic sprinkler system is provided,whether I
I inspector to conduct the minimum structural inspection of the sprinkler system is required.
Ithresholdbuildingsrequiredbythiscode, Section 553.73,
I Florida Statutes, without duplicative inspection by the
13. Any special stipulations and conditions of the build- 1
building department. The building official is responsible ing permit.
I for ensuring that any person conducting inspections is [A] 111.3 Temporary occupancy. The building official is
qualified as a building inspector under Part XII of Chapter authorized to issue a temporary certificate of occupancy
468, Florida Statutes, or certified as a special inspector before the completion of the entire work covered by the per-
I under Chapter 471 or 481,Florida Statutes.Inspections of mit,provided that such portion or portions shall be occupied
I threshold buildings required by Section 553.79(5),Florida safely. The building official shall set a time period during
I Statutes, are in addition to the minimum inspections which the temporary certificate of occupancy is valid.
required by this code. A] 111.4 Revocation.The building official is authorized to,
in writing, suspend of revoke a certificate of occupancy or
SECTION 111
completion issued under the provisions of this code wherever
CERTIFICATE OF OCCUPANCY
the certificate is issued in error, or on the basis of incorrect
information supplied,or where it is determined that the build-
A] 111.1 Use and occupancy.A building or structure shall ing or structure or portion thereof is in violation of any ordi-
not be used or occupied, and a change in the existing use or nance or regulation or any of the provisions of this code.
occupancy classification of a building or structure or portion 111.5 Certificate of completion.A certificate of completion •
thereof shall not be made, until the building official has is proof that a structure or system is complete and for certain
issued a certificate of occupancy therefor as provided herein. types of permits is released for use and may be connected to a
Issuance of a certificate of occupancy shall not be construed
utility system. This certificate does not grant authority to
as an approval of a violation of the provisions of this code or 1
of other ordinances of the jurisdiction.occupy a building, such as shell building, prior to the issu-
Ianceofacertificateofoccupancy.
Exception: Certificates of occupancy are not required for
work exempt from permits in accordance with Section
105.2. SECTION 112
A] 111.2 Certificate issued. After the building official
SERVICE UTILITIES
inspects the building or structure and does not find violations [A]112.1 Connection of service utilities.A person shall not
of the provisions of this code or other laws that are enforced make connections from a utility, source of energy, fuel or
by the department of building safety, the building official power to any building or system that is regulated by this code
shall issue a certificate of occupancy that contains the follow- for which a permit is required,until released by the building
ing: official.
1. The building permit number. A]112.2 Temporary connection.The building official shall
2. The address of the structure:
have the authority to authorize the temporary connection of
the building or system to the utility, source of energy,fuel or
I 3. The name and address of the owner or the owner's power.
authorized agent. A] 112.3 Authority to disconnect service utilities. The
4. A description of that portion of the structure for which building official shall have the authority to authorize discon-
the certificate is issued.nection of utility service to the building, structure or system
18 FLORIDA BUILDING CODE-BUILDING,6th EDITION(2017)
Agenda Item #4.A.
07 Jul 2022
Page 23 of 154
Exhibit`{D"
ArdigNpmENT To Atlantic Beach Country Club Planned Unit Development
PUD)/Special Planned Area (SPA)
Written Narrative of PIan of Development
Date:April-4044y 21,2013
Current Land Use Designation: LDR(City of Jacksonville);RL(City of Atlantic Beach)
Current Zoning District:RR and PUD(City of Jacksonville);PUD(City of Atlantic Beach)
Requested Zoning District: PUD (City of Jacksonville);SPA(City of Atlantic Beach)
RE##: 169399-0000; 169399- 0010; 172000-0000; 172024-0000; 172027-0010; 172027-0030;
172029-0000; 172036-0000; 172157-0000
NOTE: The development described in this Written Narrative includes
property within the City of Jacksonville ("COJ Property") and property
within the City of Atlantic Beach ("COAB Property')(collectively, the
Property'). This is intended to serve as a Written narrative both for a
Planned Unit Development (PUB) on the COJ Property and for a Special
Planned Area (SPA) on the COAB Property. The development described
in this Written Narrative is a single family residential development, golf
course, country club, recreational amenities, and associated roadways,
access, stormwater, maintenance, and related facilities and
infrastructure. All uses are part of a unified plan which will be
consistent with the comprehensive plans for both the City of Jacksonville
COI) and the City of Atlantic Beach (COAG) and will meet the intent of
the land development regulations in both jurisdictions as well. As is
permitted under the COJ regulations for PUD and under the COAB
regulations for an SPA, this Written Narrative will allow for flexibility
from the application of these regulations where it is necessary for a
unified and internally consistent development.
OVERVIEW OF THE DEVELOPMENT
Selva Marina Country Club, Inc, (the Applicant) was incorporated in 1956 as a for-profit
corporation. The sole asset of the corporation is the Selva Marina Country Club ("Country
Club"),which consists of a private eighteen-hole golf course,clubhouse, tennis courts,and other
recreational amenities. Membership in the Country Club has declined significantly over recent
years, and the Applicant desires to undertake an extensive redevelopment of the golf course,
including the construction of new single family homes, a new clubhouse, and other associated
facilities and infrastructure.
EXHIBIT on File
Page of
Agenda Item #4.A.
07 Jul 2022
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I. LAND USE.ZONING,AND USES: PROPERTY AND SURROUNDING
PROPERTIES.
A. The COJ Property lies within the LDR land use category of the COJ
Comprehensive Plan and is zoned RR and PUD. The COAB property lies within the RL land
use category of the COAB Comprehensive Plan and is zoned PUD and RS-L.
B. For all but the southwest corner of the Property,the Property is surrounded by
single family,multifamily,public use, and vacant properties which lie within the COAB. These
properties are within the RL,RM,RH,and P/SP land use categories of the COAB
Comprehensive Plan and are within the RS-L,RS-2,RG-M, PUD,and CG zoning districts of the
COAB Land Development Regulations. At the southwest corner of the Property,the Property
adjoins commercial and residential properties which lie within the COJ. These properties are
within the CGC,RPI,and MDR land use categories of the COJ Comprehensive Plan and are
within the CCG-2,CCG-1, CRO,and RMD-A zoning districts of the City of Jacksonville Zoning
Code,
II. GENERAL PLAN FOR THE DEVELOPMENT.
A. The development described in this Written Narrative is a single family residential
development,golf course,clubhouse,recreational amenities,and associated roadways,access,
stormwater,maintenance,and related facilities and infrastructure.
B. The Property is approximately 169.02 acres. The COJ Property is approximately
135.12 acres. The COAB Property is approximately 33.90 acres.
C. Consistent with the variety of residential densities and lot sizes which surround
the Property and which are typical of the COAB,the development will include a varied mix of
lot sizes and single family residential types. The Conceptual Site Plan filed with this application
shows a mix of lot sizes and types. The total number of residential units shall not exceed.1-8-02110
units. However,subject to the minimums and maximums shown on the Conceptual PUD Site
Plan,the location and number of each of the varying lots sizes and types shown on the
Conceptual Site Plan is conceptual only and may be subject to change,due to site engineering or
other factors,without amendment or modification of the PUD/SPA. The single family
residential uses will comprise approximately 34:4439.49 acres,including approximately
347361442 acres within COJ and approximately 0,085,0,0 acres within COAB.
D. As shown on the Conceptual Site Plan,a golf course, related structures
bathrooms,shelters/stops,bathrooms, food,drink,etc.),maintenance facilities,cart barn,
parking,and similar uses will be located around and among the single family residential uses.
The golf course and related uses will comprise approximately-14-773-9111,61 acres,including
approximately 91.2521.67 acres within COJ and approximately 26.4-41.9 acres within COAB.
E. Within the"Club Site"parcel as shown on the Conceptual Site Plan will be
located a clubhouse and recreational amenities,which may include pool,cabana/clubhouse,pro
shop(s),health/exercise facility,offices,tennis courts, other recreational court(s)and/or field(s),
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parking, storage, and similar facilities. The clubhouse and recreational amenities will comprise
approximately 6.74 acres, including approximately 0.00 acres within COJ and approximately
6.74 acnes within COAB.
F. The"Club Site"parcel as shown on the Conceptual Site Plan includes a parcel of
1.12 acres(RE# 172000-0000)which is located in COAB,currently zoned RS-L, and used for
single family residential use. That parcel either will be incorporated into the clubhouse and
recreational amenities use or will continue to be used for single family residential use consistent
with the RS-L zoning district in the COAB Zoning Regulations.
0. As shown on the Conceptual Site Plan and as described further below, structures
for vehicular access(secured gate and/or gatehouse)may be located at the entrance to the
development at Dutton Island Road East. Structures for golf cart access(such as bridges or
shelters)also may be located throughout the development. The development also will include
roadways, stormwater facilities,and other related facilities and infrastructure. The roadways and
other supporting facilities and infrastructure will comprise approximately 444A-5jL8.l acres,
including approximately 944%43 acres within COJ and approximately 1.37L,4 acres within
COAB.
III. PERMITTED USES: DEVELOPMENT CRITERIA.
This section of the Written Narrative addresses the following items: Permitted Uses and
Structures, Permitted Accessory Uses and Structures,Minimum Lot Requirements
width/density/area),Maximum Lot Coverage by all Buildings and Structures,Minimum and/or
Maximum Yard Requirements,and Maximum Height of Structures.
A. Single Family Residential.
1. Permitted uses and structures.
a. Single family detached dwellings.
b. Essential services,including water,sewer,gas,telephone,cable,
radio and electric.
c. Home occupations subject to the conditions in Section M.D. 5
below.
d. Courtyard Lots described below which are adjacent to the golf
course, permitted uses may include units for daily/overnight rental;
provided,however,
1) That the maximum number of Courtyard Lot units which
may be used for daily/overnight rental is four(4) units
located within the same courtyard lot configuration.
2) All such units shall be owned by the same entity, which
shall be the ownerioperator of a hospitality business,such
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as hotel(s)or resort(s), and shall be managed by an entity
with office(s)in Duval County..
3) All such units shall be subject to the restrictive covenants
described below.
2. Maximum total number of residential Wilts: •1-8.0,N0.
3. Lot requirements: As shown on the Conceptual Site Plan,lot
requirements within the development will vary. The lot requirements are
set forth below.
4. Membership in club: AU owners of residential lots within the
development shall be members of the club,
5. Shute Fancily--80'(-89')Lots:Minimum lot requirement(width and
area), Lot coverage by all buildings, Minimum yard requirements, and
Maximum height ofstructure for each Single Family use.
a. Minimum lot requirement(width and area). The minimum lot
requirement(width and area)for single family uses is:
1) Width—Eighty(80)feet.
2) Area-8,000 square feet.
b. Maximum impervious surface. Sixty-five(65)percent.
c. Minimum yard requirements. The minimum yard requirements for
all uses and structures(as measured from the wall of the
structure)are:
1) Front—Twenty(20)feet from face of garage to back of
right-of-way and fifteen(15)feet from building face or
porch to back of right-of-way; except corner/double-
frontage lots,for which the non-address front/side
minimum yard shall be ten(10)feet from garage or
building face to back of right-of-way.
2) Side—Five(5)feet,provided that the combined side yards
shall not be less than ten(10)feet.
3) Rear—Ten(10) feet.
d. Maximum height ofstructure. Thirty-five(35)feet.
6. Single Familv--70'(-79')Lots:Minimum lot requirement(width and
area), Lot coverage by all buildings, Minimum yard requirements, and
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Maximum height of'structure for each Single Family use.
a. Minimum lot requirement(width and area). The minimum lot
requirement(width and area)for single family uses is:
1) Width—Seventy(70)feet,
2) Area-7,000 square feet.
b. Maximum impervious surface. Sixty-five(65)percent.
o. Minimum yard requirements. The minimum yard requirements for
all uses and structures(as measured from the wall of the structure)
are:
1) Front—Twenty(20)feet from face of garage to back of
right-of-way and fifteen(15)feet from building face or
porch to back of right-of-way; except corner/double-
frontage lots,for which the non-address front/side
minimum yard shall be ten(10)feet from garage or
building face to back of right-of-way.
2) Side—Five(5)feet,provided that the combined side yards
shall not be less than ten(10)feet.
3) Rear—Ten(10) feet,
d. Maximum height of structure. Thirty-five(35)feet.
7. Situate Family--60'(-69')Lots: Minimum lot requirement(width and
area), Lot coverage by all buildings, Minimum yard requirements, and
Maximum height of structure for each Single Family use.
a. Minimum lot requirement (width and area). The minimum lot
requirement(width and area)for single family uses is:
1) Width—Sixty(60)feet.
2) Area-6,000 square feet.
b. Maximum impervious surface. Sixty-five(65)percent.
c. Minimum yard requirements. The minimum yard requirements for
all uses and structures(as measured from the wall of the structure)
are:
1) Front—Twenty(20)feet from face of garage to back of
right-of-way and fifteen(15)feet from building face or
porch to back of right-of-way; except corner/double-
mm17339191732028_fa 5-
Agenda Item #4.A.
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frontage lots, for which the non-address front/side
minimum yard shall be ten(10)feet from garage or
building face to back of right-of-way.
2) Side—Five(5)feet,provided that the combined side yards
shall not be less than ten(10)feet.
3) Rear—Ten(10)feet.
d, Maximum height of structure, Thirty-five(35) feet.
8. Single Familv--55'(-59')Lots:Minimum lot requirement(width and
area), Lot coverage by all buildings, Minimum yard requirements, and
Maximum height of structure for each Single Family use.
a. Minimum lot requirement(width and area). The minimum lot
requirement(width and area) for single family uses is:
1) Width—Fifty(55)feet.
2) Area-5,500 square feet.
b. Maximum impervious surface. Sixty-five(65)percent.
c. Minimum yard requirements. The minimum yard requirements for
all uses and structures(as measured from the wall of the structure)
are:
1) Front—Twenty(20)feet from face of garage to back of
right-of-way and fifteen(15) feet from building face or
porch to back of right-of-way;except corner/double-
frontage lots,for which the non-address front/side
minimum yard shall be ten(10)feet from garage or
building face to back of right-of-way.
2) Side—Five(5)feet,provided that the combined side yards
shall not be less than ten(10)feet.
3) Rear—Ten(10)feet,
d. Maximum height ofstructure. Thirty-five(35)feet.
9. Courfvard Single Fondly Lots:Minimum lot requirement(width and
area), Lot coverage by all buildings, Minimum yard requirements, and
Maximum height of structure for each Single Family use.
a. Minimum lot requirement(width and area). The minimum lot
requirement(width and area)for single family uses is:
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Agenda Item #4.A.
07 Jul 2022
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1) Width—Fifty(50) feet.
2) Area-4,000 square feet.
b. Maximum impervious surface. Sixty-five(65) percent.
c. Minimum yard requirements. The minimum yard requirements for
all uses and structures (as measured from the wall of the structure)
are:
1) Front—Twenty(20)feet from centerline of private access
driveway,ten(10)feet from public street right-of-way, and
ten(10)feet from building face or porch to lot boundary.
2) Side—Five(5) feet.
3) Rear—Ten(10)feet,
d. Maximum height of structure. Thirty-five (35)feet.
e. Thematic plan. Attached as Exhibit_is a thematic plan depicting
a potential lot layout for the Courtyard Lots. Lot and access
configuration may vary from the thematic plan.
10. Patios. Patios, including screened patios(without a structural roof),
outdoor dining,terraces,courtyards,or similar exterior structures shall be
permitted for each unit and may be located within side or rear yards but
shall not be located within five(5)feet of any property boundary.
11. Mrrxinuun Heights. Maximum heights shall be subject to Article XIV,
Section 59,of the Charter of the City of Atlantic Beach and the definition
of"height"as provided in the COAB Zoning Regulations,
12. Impervious surface deJinitlolt. As used in this PUD/SPA Written
Narrative,"impervious surface means: those surfaces that prevent the
entry of water into the soil. Common impervious surfaces include,but are
not limited to,rooftops,sidewalks,patio areas,driveways, parking lots,
and other surfaces made of concrete,asphalt, brick,plastic,or any
surfacing material with a base or lining of an impervious material. Wood
decking elevated two(2) or more inches above the ground shall not be
considered impervious provided that the ground surface beneath the
decking is not impervious.Pervious areas beneath roof or balcony
overhangs that are subject to inundation by stormwater and which allow
the percolation of that stormwater shall not be considered impervious
areas. Swimming pools shall not be considered as impervious surfaces
because of their ability to retain additional rainwater, however, decking
around a pool may be considered impervious depending upon materials
used. Surfaces using pervious concrete or other similar open grid paving
JAX14-7339191759921_81 7_
Agenda Item #4.A.
07 Jul 2022
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systems shall be calculated as fifty(50)percent impervious surface,
provided that no bather to natural percolation of water shall be installed
beneath such material.Open grid pavers must be installed on a sand base,
without liner,in order to be considered fifty(50)percent impervious.
Solid surface pavers(e.g.,brick or brick appearing pavers as opposed to
open grid pavers)do not qualify for any reduction in impervious area,
regardless of type of base material used.
13. RSL--COAB Parcel of 1.12 acres(RE#I72000-0000}. As described
above,as an alternative to the Clubhouse/Recreational Amenities use
described below,a COAB parcel of 1.12 acres(RF# 172000-0000)may
continue to be used for single family residential use consistent with the
RS-L zoning district as described in the COAB Zoning Regulations.
11, Clubhouse/Recreational Amenities.
1. Permitted uses and structures.
a. Clubhouse(maximum of 30,000 sq.ft.)and recreational amenities,
which may include pool,cabana/clubhouse, spa,sauna,pro shop(s),health/exercise facility,
offices,tennis courts and associated lighting and fencing,other recreational court(s)and/or
field(s)and associated lighting and fencing,storage,and similar facilities.
b. Outdoor social events,including parties, weddings,and holiday
events,with associated uses including outdoor service of food and beverage,including alcoholic
beverages, outdoor music,fireworks,and similar activities.
c. Sale and service of food and beverage,including alcoholic
beverages.
d. Retail sales of recreation-related items at pro shop(s).
e. Golf cart maintenance and/or storage.
f. Essential services, including water,sewer,gas,telephone,cable,
radio and electric.
2. MPnimum lot requirement. Four(4)acres.
3. Maximum impervious surface. Eighty-five percent(85%).
4. Minimum yard requirements. The minimum yard requirements for all uses
and structures(as measured from the wall of the structure)are:
1) Front—Twenty(20) feet.
2) Side—Ten(10)feet,or five(5)feet with buffer as provided
below.
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Agenda Item #4.A.
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3) Rear—Ten(10)feet,or five(5) feet with buffer as
provided below.
5. Maximum height of'structure. Maximum heights shall be subject to
Article XIV, Section 59,of the Charter of the City of Atlantic Beach and
the definition of"height"as provided in the COAB Zoning Regulations.
6. Recreational use briers and lighting. The tennis courts,pool/cabana,and
other outdoor recreational court(s)or field(s)shall be buffered with a
minimum 5-foot wide landscaped buffer from the Property boundary.
This buffer shall be planted and maintained with shrubs or trees that
provide an opaque vegetative buffer. Buffers as required above may
include fences or walls,provided that no solid fence or wall within any
such buffer shall exceed eight feet in height. This height limit shall not
apply to the types of fencing customarily used to enclose tennis courts.
Lighting in any location shall be directed away from residential dwellings,
and no tennis courts in any location shall be lighted later than 10:00p.m.
C. Golf Course.
1. Permitted uses and structures.
a. Golf course,practice facilities and associated lighting and fencing,
related structures(bathrooms,food,drink,etc.), "starter"or"half
way"houses or shelters/stops,maintenance facilities,and similar
uses.
b. Golf cart maintenance and/or storage.
c. Sale and service of food and beverage,including alcoholic
beverages,at"starter"or"half way"houses or shelters/stops or
from service carts.
d. Essential services,including water,sewer,re-use,gas, telephone,
cable,radio and electric.
2. Minimum lot requirement(width and area). None.
3. Maximum lot coverage by all buildings. None.
4. Minimum yard requirements. None.
5. Maximum height of structure. None.
D. Accessory Uses and Structures.
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Agenda Item #4.A.
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Accessory uses and structures are permitted if those uses and structures are of the nature
customarily incidental and clearly subordinate to a permitted principal use or structure and these
uses and structures are located on the same lot (or contiguous lot in the same ownership) as the
principal use. Whether attached or detached to a building or structure containing the principal
use, the accessory structure shall be considered as a part of the principal building. Accessory
uses shall not involve operations or structures not in keeping with character of the district where
located and shall be subject to the following:
1. Accessory uses shall not be located in required front or side yards except
as follows:
a. Detached accessory structures such as carports,covered parking,or
garages for vehicles or golf carts which are separated from the
main structure may be located in a required side or rear yard but
not less than five(5)feet from a lot line. If bonus rooms are
located above such an accessory structure,then such structure also
shall be not less than five(5)feet from a lot line. The total number
of buildings on any lot zoned for single-family use shall not exceed
three(3)including the principal use structure,detached
carports/parking/garage,and any other detached building.
b. Air conditioning compressors or other equipment designed to serve
the main structure may be located in a required side or rear yard
and may be located not less than three(3)feet to the property line.
c. Swimming pools and associated screened enclosures(without a
structural roof)may be located in a required rear or side yard but
may not be located less than five(5)feet from the property line or
top of the bank of a pond,whichever is applicable.
2, Accessory uses and structures in a residential district shall include
noncommercial greenhouses and plant nurseries, servants' quarters and
guesthouses,private garages and private boathouses or shelters, toolhouses
and garden sheds,garden work centers,children's play areas and play
equipment,private ball courts,private barbecue pits, outdoor fireplaces,
ornamental pools, gazebos,and swimming pools,facilities for security
guards and caretakers and similar uses or structures which are of a nature
not likely to attract visitors in larger number than would normally be
expected in a residential neighborhood. Any structure under a common
roof and meeting all required yards is a principal structure. The maximum
height of an accessory structure shall not exceed twenty-five(25)feet.
3. Land clearing and processing of land clearing debris shall be accessory
uses;provided, however, land clearing debris may be processed only in
conformity with applicable fire codes and other chapters of the applicable
code to the extent those chapters are applicable.
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Agenda Item #4.A.
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4. Essential services(utility systems)shall be allowed as a permitted use
subject to the following conditions:
a. Central water systems,sewerage systems,re-use systems,utility
lines, and easements shall be provided underground and in
accordance with the appropriate sections of the code.
5. Home occupations shall be allowed subject to the following conditions:
a, The use of the premises for the home occupation shall be
incidental and subordinate to its use for residential purposes by its
occupants and shall,under no circumstances,change the residential
character thereof.
b. There shall be no change in the outside appearance of the building
or premises or other visible evidence of the conduct of the home
occupation.
c. There shall be no equipment or process used in the home
occupation which creates excessive noise, vibration,glare, fumes
odors or electrical interference detectable to normal senses off the
lot.
d. In the case of electrical interference,no equipment shall be used
which creates visual or audible interference in the radio or
television receiver off the premises or causes fluctuations in line
voltage off the premises.
C. Access.
1. Access will be provided as shown on the Conceptual Site Plan via Selva
Marina Drive and Dutton Island Road East,
2. Golf cart access may be provided to adjoining properties pursuant to
private access agreements,
3. The location and design of the access at Selva Marina Drive shall be
subject to the review and approval of the COAB Planning and Zoning
Department and Public Works Department.
4. The location and design of the access at Dutton Island Road East shall be
subject to the review and approval of COAB. Within the existing right-of-
way,Dutton Island Road East shall be improved to a minimum pavement
width of twenty feet(20')to the specifications directed by COAB
Planning and Zoning Department and Public Works Department.
Pedestrian and vehicular access at Dutton Island Road East shall be
secured inside the Property to limit access to residents of the development
within the PUD/SPA,commercial traffic to and from the
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Clubhouse/Recreational Amenities uses and Golf Course uses,and
construction traffic for development within the PUD/SPA. Structures for
vehicular access [secured gate(s)and/or gatehouse,mail kiosk,community
bulletin board,etc.]may be located at the access inside the Property.
5. All internal roads will be dedicated public streets,designed to COJ
specifications,and dedicated to the COJ or COAB except(i)the portion of
the internal roadway system connecting the system to Dutton Island Road
East and(ii)internal driveways into Courtyard Lots as described above,
which may be an approved private road with access easements for
permanent access to the residential units.
6. The configuration and design of the internal road system,including roads,
any traffic circles,and intersections,shall be subject to the review and
approval of the COAB Planning and Zoning Department and Public
Works Department. Features which will be permitted include: Miami-
type curbing on landscape islands and other appropriate locations; sixteen
foot(16')pavement width at appropriate locations for traffic calming; and
brick pavers,stamped concrete,or stamped asphalt at appropriate
locations. The internal roadway system shown on the Conceptual Site
plan is schematic only and may be subject to realignment prior to
development,due to site engineering or other factors,without amendment
or modification of the PUD/SPA.
F. Sienatic.
1. Community identification monument signs will be permitted within the
Property at the access points to the PUD/SPA at Selva Marina Drive and
at the terminus of Dutton Island Road East. These signs shall not exceed
eight(8)feet in height and thirty-two(32)square feet in area(each side)
excluding border and columns,may be two sided and externally
illuminated, and may identify the club,golf course, and residential uses.
Alternatively,these signs may be designed as entry towers, 1,2, 3 or 4
sided(or cylindrical),an a maximum of thirty-two(32)square feet per
side excluding border,base or foundation,and tower cap,a maximum of
twenty-four(24) feet in height. The entry towers would be architecturally
consistent with the clubhouse and club facilities.
2. Existing signage for the club at the intersection of Selva Marina Drive and
Seminole Drive may be redesigned and updated for the club,golf course,
and residential uses,and continues to be maintained by the Country Club.
The sign may be externally illuminated.
3. At the Clubhouse/Recreational Amenities and the Golf Course,wall signs
are permitted and shall not exceed ten(10)percent of the square footage
of the occupancy frontage or respective sides of the building facing the
public rights-of-way. In addition to wall signs,awning signs are permitted
JAM-173-3419175902.8_Sl 12-
Agenda Item #4.A.
07 Jul 2022
Page 35 of 154
and shall not exceed ten(10)percent of the square footage of the
occupancy frontage or respective sides of the building facing the public
rights-of-way; provided, any square footage utilized for an awning sign
shall be subtracted from the allowable square footage that can be utilized
for wall signs. Under canopy signs also are permitted. One(1)under the
canopy sign per occupancy is permitted not exceeding a maximum of
twenty(20)square feet in area per side;provided,any square footage
utilized for an under the canopy sign shall be subtracted from the
allowable square footage that can be utilized for wall signs.
4, Directional signs indicating activities, buildings,common areas,and other
features within the Clubhouse/Amenities and Golf Course uses will be
permitted. The design of these signs should reflect the character of the use
identity signs and may include the project logo and name. For
predominantly vehicle directional signage,such signs shall be a maximum
of four(4)square feet in area per sign face. For pedestrian directional
signage, such as privately maintained"informational side walk kiosks", 1,
2,3 or 4 sided (or cylindrical),such signs shall be a maximum of twenty
20)square feet per side and a maximum of twelve (12)feet in height. All
Vehicular Control Signs shall meet the requirements of the Manual on
Uniform Traffic Control Devices;privately maintained street signage with
with decorative post(s)and finials are permitted.
5. Real estate and construction and temporary signs are permitted. Signs of a
maximum of thirty-two(32)square feet in area and eight(8)feet in height
for model homes also shall be permitted.
6. Because all identity and directional signs are architectural features
intended to be compatible with and complimentary of the buildings in the
PUD,they may be located in structures or frames that are part of the
architecture of the project. Accordingly,sign area for all such signs as
well as wall,awning,and under the canopy signs,shall be computed on
the basis of the smallest regular geometric shape encompassing the
outermost individual letters,words,or numbers on the sign.
7. Banner signs may be permitted pursuant to Section 17-33 of the COAB
Ordinance Code.
8. Signs required by environmental permitting to be posted in common areas
such as stormwater facilities shall be permitted.
G. Construction offices/model homes/real estate sales.
1. On-site,temporary construction offices/model homes/sales offices/club
membership marketing will be permitted until build-out. Real estate sales
activities and club membership marketing are permitted within model
homes. Associated parking for sales activities is permitted adjacent to
JAVA- 3919175942L81 13-
Agenda Item #4.A.
07 Jul 2022
Page 36 of 154
model homes. Upon the approval of construction plans for the
infrastructure improvements for residential development within the
PUD/SPA,the Applicant may seek and obtain building permits for the
construction of up to twenty percent(20%)of the residential units prior to
the recordation of the subdivision plat(s)for the residential lots.
H, J,andscanine and Tree Protection.
For the Single Family Residential and Golf Course uses,tree prtection during
development will be governed by Section 656.1204 et seq. of the COJ Zoning
Code. Landscaping will be governed by the design standards in Section 24-176 et
seq. of the COAB Ordinance Code. In tree protection efforts and landscaping
design,maintenance of existing trees or re-planting of trees on site shall be
preferred to mitigation.
For the Clubhouse/Recreational Amenities use, landscaping and tree protection
will be provided in accordance with Section 24-176,et seq. (landscaping)and Part
II, Chapter 23 (tree protection),COAB Ordinance Code.
I. Parking.
For the Clubhouse/Recreational Amenities and Golf Course uses,parking shall be
provided in accordance with Sections 24-161 and 24-162, COAB Ordinance
Code.
J. Sidewalks/Pedestrian Circulation.
For the Single Family Residential and Golf Course uses, sidewalks and pedestrian
circulation will be provided in accordance with the COJ Comprehensive Plan and
Code of Subdivision Regulations. In particular locations,sidewalks may
accommodate golf carts. As provided in Section III.E.4 above,pedestrian access
to Dutton Island Road East may be secured.
For Clubhouse/Recreational Amenities uses, sidewalks and pedestrian circulation
will be provided in accordance with Part II,Chapter I9,COAB Ordinance Code.
K. Restrictive Covenants.
Restrictive covenants will be recorded prior to the sale of Single Family
Residential lots to provide for thematic consistency and for the review of
individual building plans by an architectural review board.
L. Owners'Association
An owners' association will be established to maintain common areas.
M. Golf Cart Usage and Circulation.
JAX14-733414175492$ 81 14-
i
Agenda Item #4.A.
07 Jul 2022
Page 37 of 154
Notwithstanding any COJ or COAB Ordinance Code provisions to the contrary,
golf carts may be used on all internal roadways and sidewalks within the
PUD/SPA. Unless otherwise lawfully permitted,no golf cart shall be used on
Selva Marina Drive.
N. Supnllementar v Regulations.
For the Single Family Residential and Golf Course uses,to the extent not
otherwise addressed herein,any matters addressed in Part 4,Subpart B
Miscellaneous Regulations"of the COJ Zoning Code shall be governed by such
provisions.
For the Clubhouse/Recreational Amenities use, to the extent not otherwise
addressed herein,any matters addressed in the Part II,Chapter 24,Article III,
Division 7 "Supplementary Regulations"COAB Ordinance Code, shall be
governed by such provisions..
O. site Develanm ent Data
Total acreage 169.02 Acres
Allowable uses,by acreage:
f Single Family Residential Max. Acres
d-80ZQ 34:44
units 39449
44363
J--
44363
9.09
COAB-
12
0
Number and Type of Dwelling 80' min. Min. Max.
Units by Each Type width 15 units iQ
units
70' rnin. Min. M„
width 10 units 45
units
60' min. Min. Max.
width 25 units 4070
units
55' min. Min. Max.
width 25 units 60
units
Courtyard Min. Max-
0 units 651
units
IAx1t7139t412 Q2La). 15-
Agenda Item #4.A.
07 Jul 2022
Page 38 of 154
Max
30
units
Jnxlpa;Wif=!1s9U2 1 16-
Agenda Item #4.A.
07 Jul 2022
Page 39 of 154
Clubhouse/Recreational Max. Acres
Amenities 6,74
31,209 COJ--
Sq.ft. 0.00
COAB-
6.74
Golf Course Acres
l7
111.61
COI-
944$2
12
COAl3-
24441
9.94
Total amount of active recreation 118-35 acres
Total amount of passive
open space 0.0 acres
Amount of public and private right-of-way 10.4514 acres
Maximum impervious surface Single Family Residential 65%
Clubhouse/Recreational Amenities 85%
IV, ADDITIONAL SECTIONS REQUIRED BY CITY OF JACKSONVILLE
A. Pre-application conference,
A pre-application conference was held regarding this application on Match 7,
2013.
B. Justification for the PUD Rezoning.
As described above,Selva Marina Country Club, Inc. was incorporated in 1956 as
a for-profit corporation. The sole asset of the corporation is the Country Club,
which consists of a private eighteen-hole golf course,clubhouse,tennis courts,
and other recreational amenities. Membership in the Country Club has declined
significantly over recent years,and the Applicant desires to undertake an
extensive redevelopment of the golf course,including the construction of new
single family homes,a new clubhouse,and other associated facilities and
infrastructure. This redevelopment is essential to ensure the continued viability of
the Country Club and,further,is consistent with the surrounding zoning and
existing uses.
3AX11733919175902_81 17-
Agenda Item #4.A.
07 Jul 2022
Page 40 of 154
C. rUD/Difference from Usual Application of the Zoning Code
The PUD differs from the usual application of the Zoning Code in the following
respects: it binds the Applicant and successors to this Written Narrative and the
Conceptual Site Plan;it provides for a mix of uses which are thematically
consistent and compatible with each other;it provides for a single regulatory
system which crosses two local government jurisdictions; it requires specific and
unique yard and patio requirements;it provides for a unique Courtyard Single
Family Homes concept;as to the Clubhouse/Recreational Amenities use,it
provides specific and unique buffer requirements; for the Clubhouse/Recreational
Amenities and Golf Course uses,it also specifically lists numerous permitted uses
commonly associated with these uses but not otherwise listed in the Code; it
provides for unique and site-specific access requirements; it provides for unique
and site-specific signage requirements;it contains unique and specific provisions
regarding construction offices and model homes;it contains unique,cross-
jurisdictional provisions regarding landscaping,parking,and sidewalks;and it
contains unique provisions regarding restrictive covenants and golf cart usage.
D. Permissible Uses by Exception.
There are no permissible uses by exception.
E. Continued Operation of Common Areas,
Regarding the intent for the continued operation and maintenance of those areas
and functions and facilities which are not to be provided,operated, or maintained
by the City of Jacksonville or other public entity: it is the Applicant's intent for
the Applicant or successor developer to operate and maintain these matters
initially and, ultimately,for an owners'association to operate and maintain these
matters in perpetuity.
F. Approximate Dates of Phases
Regarding phasing,construction of the horizontal improvements for the Single
Family Residential and improvements for the Golf Course uses shall be initiated
in approximately 2013-14 and be completed approximately in 2014-15.
Construction of single family residential units will be initiated when the market
dictates and will be completed as the market dictates. Construction of the
Clubhouse/Recreational Amenities will be initiated when needed and feasible and
will be completed within a reasonable time thereafter.
G. Names of Development Team
Developer: Atlantic Beach Partners, LLC
Planners and Engineers: Taylor&While, Inc.
Architects: None at this time.
JAXS443394-91759Q.. 1 18-
Agenda Item #4.A.
07 Jul 2022
Page 41 of 154
H. Land Use Table
A Land Use Table is attached hereto as Exhibit"F."
JAM-14349-i-917928 $I 19-
Agenda Item #4.A.
07 Jul 2022
Page 42 of 154
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Page 43 of 154
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Agenda Item #4.A.
07 Jul 2022
Page 44 of 154
sYL,i'r .., CITY OF ATLANTIC BEACH
its 800 SEMINOLE ROAD
4 :y: l ATLANTIC BEACH,FL 32233
PHONE (904)247-5800
013191'
CERTIFIED MAIL RETURN RECEIPT REQUESTED
70131710000216913767
9/27/2018
RYANT VRIGA
532 Atlantic Beach Court
ATLANTIC BEACH, FL 32233-5810
Real Estate Number: 169505 1405 Case Number: 18-293 Permit#16-POOL-2549
Location of Violation: 532 ATLANTIC BEACH CT, Atlantic Beach, Florida
Lot 22, Atlantic Beach Country Club Unit 2, RE#169505-1405
Dear Property Owner:
Please be advised, as Building Official for the City of Atlantic Beach and having found your property
referenced above to be in violation of the Florida Building Code and City of Atlantic Beach, Code of
Ordinances to wit:
VIOLATION(S)
FBC Section 111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a
certificate of occupancy or completion issued under the provisions of this code wherever the certificate
was issued in error, or on the basis of incorrect information supplied, or where it is determined that the
building or structure or portion thereof is in violation of any ordinance or regulation or any of the
provisions of this code. (violation of city ordinance requiring a Sec 24-164 c. fence required for pool
barrier and Sec. 303.2 Enclosures, International Property Maintenance Code) as adopted by
Chapter 6,Atlantic Beach Code of Ordinances)
Sec. 24-164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with a depth
greater than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at least four (4) feet in
height and designed in compliance with all applicable state and local regulations. (no fence or
equivalent barrier has been installed as require to prevent access to the pool)
Sec.303.2 Enclosures. Private swimming pools, hot tubs and spa, containing water more than 24
inches in depth shall be completely surrounded by a fence or barrier not less than 48 inches in height
above the finished ground level measured on the side of the barrier away from the pool. Gates and doors
in such barriers shall be self-closing and self-latching. Where the self-latching devices is less than 54
inches above the bottom of the gate,the release mechanism shall be located on the pool side of the gate.
Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch
when released from an open position of 6 inches from the gatepost. No existing pool enclosure shall be
removed or replaced in a manner that reduces its effectiveness as a safety barrier. (no barrier has been
properly installed or maintained in place as required creating a safety hazard to life and property)
Agenda Item #4.A.
07 Jul 2022
Page 45 of 154
This letter requests that the noted violation(s) be corrected upon receipt of this notice by the
immediate installation of a fence or equivalent barrier in accordance with codes and ordinances
outlined in this notice. In addition, a permit is required and must be applied for issued and
approved within ten (10) days of the receipt of this letter.
It is our goal to keep our maintain properties from attractive nuisance that could cause damage to life
and property and is a safety hazard to the community. Please contact Atlantic Beach Code Enforcement
at(904) 247-5855 if you have any questions or need additional information.
Sincerely,
7:::)*\.-1/4 -mss—,•{cr-c'v 4
Dan Arlington, CBO
BUILDING OFFICIAL
cc: Code Enforcement
Agenda Item #4.A.
07 Jul 2022
Page 46 of 154
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Your package is moving within the USPS network and is on track to be delivered to its final destination. It is
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i J Lyr*
CODE ENFORCEMENT BOARD
J. siCITY OF ATLANTIC BEACH, FLORIDA
i3 TY' NOTICE OF HEARING
9/27/2018 Case Number: 18-293
VRIGA RYANT Certified Mail Return Receipt:
532 Atlantic Beach Court 70131710000216913750
ATLANTIC BEACH, FL 32233-5810
Property Address: 532 ATLANTIC BEACH CT
ATLANTIC BEACH, FL
Dear Respondent:
The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and
exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven
citizens of Atlantic Beach who meet regularly to hear allegations of code violations.
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board
on November 28, 2018 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole
Road, to answer and be heard to the following alleged violations on the property known 532
ATLANTIC BEACH CT, RE#169505 1405, Lot 22, Atlantic Beach Country Club Unit 2.
International Property Maintenance Code/City Code of Ordinances
City of Atlantic Beach Code of Ordinances.
Sec. 6- 16. Adoption of Florida Building Code. There is hereby adopted, subject to any modifications,
changes and amendments set forth in this article, and for the purpose of establishing rules and
regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location
and maintenance of buildings and structures, including permits and penalties, that certain building code
known as The Florida Building Code established by Florida Statutes Chapter 553, Part VII, as amended
from time to time so that the latest edition of the Florida Building Code shall apply and the
International Property Maintenance Code, most recent edition. in the office of the city clerk, and the
same are adopted and incorporated as fully as if set out at length in this article, and the provisions
thereof shall be controlling in the construction of all buildings and other structures within the city.
Sec. 24-164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with a depth
greater than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at least four (4) feet in
height and designed in compliance with all applicable state and local regulations. (no barrier has been
maintained in place as required creating a safety hazard to life and property)
International Property Maintenance Code
Sec.303.2 Enclosures. Private swimming pools, hot tubs and spa, containing water more than 24
inches in depth shall be completely surrounded by a fence or barrier not less than 48 inches in height
above the finished ground level measured on the side of the barrier away from the pool. Gates and doors
in such barriers shall be self-closing and self-latching. Where the self-latching devices is less than 54
inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate.
Agenda Item #4.A.
07 Jul 2022
Page 48 of 154
Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch
when released from an open position of 6 inches from the gatepost. No existing pool enclosure shall be
removed or replaced in a manner that reduces its effectiveness as a safety barrier. (no barrier has been
maintained in place as required creating a safety hazard to life and property)
The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00
per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not
corrected by the time specified for correction by the Code Enforcement Officer, the case could be
presented to the Code Enforcement Board even if the violation has been corrected prior to the Board
hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic
Beach Code Enforcement and arrange for an inspection to verify compliance at(904) 247-5855.
You have the right to obtain an attorney at your own expense and to present witnesses in 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.
ATTEST:
V:432 nif,L-6c
Donna L. Bartle, City Clerk Deborah White, Code Enforcement Officer
Agenda Item #4.A.
07 Jul 2022
Page 49 of 154
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CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
ORDER
CITY OF ATLANTIC BEACH, FLORIDA, Petitioner
vs.
VRIGA RYANT,Respondent First Class and Certified Mail Return Receipt
532 Atlantic Beach Court Requested: 70171000000069910919
ATLANTIC BEACH, FL 32233-5810
Property Address: 532 ATLANTIC BEACH CT
ATLANTIC BEACH, FL
Case Number: 18-293
Real Estate Number: 169505 1405
Legal Description: 532 ATLANTIC BEACH CT, RE#169505 1405, Lot 22,Atlantic Beach CountryClubUnit2.
ORDER IMPOSING FINE
THIS CAUSE came for public hearing before the Code Enforcement Board on November 28, 2018, and
the Board having heard testimony under oath, received evidence, and heard arguments respective to all
appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as
follows:
FINDINGS OF FACT
1. That the Respondent owns the property located at 532 ATLANTIC BEACH CT,Atlantic Beach,
Florida.
2. That notice was sent by Certified Mailing and that Respondent was not present at the hearing.3. That notification of the violations of the City of Atlantic Beach, were made and served on the
Respondent as evidenced in this hearing.
CONCLUSIONS OF LAW
THAT the Respondent is NOT IN COMPLIANCE with Florida Building Code Section 6-16,
International Property Maintenance 303.2, and City of Atlantic Beach Municipal Code Sec. 24-164.
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 is in violation of the above and must obtain compliance on or before December
1, 2018. Failure to comply by December 1, 2018 will result in fines of$250.00 for the first day and
250.00 for every day thereafter while the violation continues to exist. In addition, any fine shall also
include the administrative costs to the City incurred in prosecuting this case.
Agenda Item #4.A.
07 Jul 2022
Page 52 of 154
THAT the Respondent is responsible for contacting the City of Atlantic Beach Code EnforcementOfficerandobtaininganinspectionofcompliance.
THAT failure to pay all accumulated fines will result in a lien being placed against the property at 532ATLANTICBEACHCTforthetotalassessmentpluscostsincurredforthefilingofthelien. All lien
amounts are to be made payable at an interest rate of ten (10) percent per annum from date of
certification until paid.
DONE AND ORDERED THIS November 28, 2018.
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT BOARD
ATTEST:
Lori Diaz, Records Clerk By: Benj ' de Luna, Chairman
Executed this 29 day of /11611„,erkre,— 20
PLEASE NOTE: Florida Statutes, Section
162.11, states that an appeal of this order shall
be filed in circuit court within thirty(30) days of
this order's execution
Agenda Item #4.A.
07 Jul 2022
Page 53 of 154
ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVER:'
Complete items 1,2,and 3. A. Si a -
Print your name and address on the reverse X
Agent
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.
1. Article Addressed to: D. Is delivery address different from item 1? Yes
If YES,enter delivery address below: 0 No
I 1 1 1 1 111 111111 1 1 1, 111 1 11111 I I I
3. Service Type 0 Priority Mail Express®
Adult Signature 0 Registered MaiP'
0 Adult Signature Restricted Delivery Registered Mail Restrict
9590 9402 2997 7094 0518 32 0 Certified Mail® Delivery
Certified Mail Restricted Delivery 0 Return Receipt for
Collect on Delivery Merchandise
2. Article Numher/Trancfar frnn 1-..-al Collect on Delivery Restricted Delivery 0 Signature Confirmation,
Insured Mail 0 Signature Confirmation
17 1000 0000 6991 0 919 0 Insured Mail Restricted Delivery Restricted Delivery
over$500)
PS Fe,rm 3811 .h!iv 7M R PRN 7r,1n-no-nnn-Rnr:2 Ilnmacfin Rai,vn Rarairr,Agenda Item #4.A.07 Jul 2022Page 54 of 154
Page 1 of 2
01"\-07/, CODE ENFORCEMENT BOARD
J M
iii
z , ,l!? CITY OF ATLANTIC BEACH, FLORIDA
J V
NOTICE OF HEARING
142,01i19
11/29/2018 Case Number: 18-293
VRIGA RYANT Certified Mail Return Receipt:
532 Atlantic Beach Court 70171000000069910926
ATLANTIC BEACH, FL 32233-5810
Property Address: 532 ATLANTIC BEACH CT
ATLANTIC BEACH, FL
Dear Respondent:
The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and
exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven
citizens of Atlantic Beach who meet regularly to hear allegations of code violations.
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board
on January 8, 2019 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole
Road, to answer and be heard to the following alleged violations on the property known 532
ATLANTIC BEACH CT, RE#169505 1405, 532 ATLANTIC BEACH CT, RE#169505 1405, Lot 22,
Atlantic Beac.
International Property Maintenance Code/City Code of Ordinances
IPMC Sec. 303.2 Private swimming pools, hot tubs, and spas containing water more than twenty four
inches in depth shall be completely surrounded by a fence or barrier not less than forty eight (48) inches
in height above the finished ground level measured on the side of the barrier away from the pool. Gates
and doors in such barriers shall be self- closing the pool. Gates and doors in such barriers shall be self-
closing and self latching. Where the self-latching device is a minimum of 54 inches above the bottom of
the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-
latching gates shall be maintained such that the gate will positively close and latch when released from
an open position of 6 in inches from the gatepost. No existing pool enclosure shall be removed, replaced
or changed in a manner that reduces its effectiveness as a safety barrier. (No Barrier has been
maintained in place as required creating a safety hazard to life and property)
Sec. 6-16. Adoption of Florida Building Code. There is hereby adopted, subject to any modifications,
changes and amendments set forth in this article, and for the purpose of establishing rules and
regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location
and maintenance of buildings and structures, including permits and penalties, that certain building code
known as The Florida Building Code established by Florida Statutes Chapter 553, Part VII, as amended
from time to time so that the latest edition of the Florida Building Code shall apply and the International
Property Maintenance Code, most recent edition. in the office of the city clerk, and the same are adopted
Agenda Item #4.A.
07 Jul 2022
Page 55 of 154
Page 2 of 2
and incorporated as fully as if set out at length in this article, and the provisions thereof shall be
controlling in the construction of all buildings and other structures within the city.
Sec. 24-164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with a depth
greater than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at least four (4) feet in
height and designed in compliance with all applicable state and local regulations. (No Barrier has been
installed in place as required creating a safety hazard to life and property)
The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00
per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not
corrected by the time specified for correction by the Code Enforcement Officer, the case could be
presented to the Code Enforcement Board even if the violation has been corrected prior to the Board
hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic
Beach Code Enforcement and arrange for an inspection to verify compliance at(904) 247-5855.
You have the right to obtain an attorney at your own expense and to present witnesses in 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.
ATTEST:
212— IP
Lori Diaz, Records Clerk Angela arry, Code Enfor•- -nt
Agenda Item #4.A.
07 Jul 2022
Page 56 of 154
ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
Complete items 1,2,and 3. A. Sig
Print your name and address on the reverse X
Agent
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.
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
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Certified Mail Restricted Delivery 0 Return Receipt for
Collect on Delivery Merchandise
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Insured Mail 0 Signature Confirmation
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CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
ORDER
CITY OF ATLANTIC BEACH, FLORIDA, Petitioner
vs.
VRIGA RYANT, Respondent
532 Atlantic Beach Court Property Address: 532 ATLANTIC BEACH CT
ATLANTIC BEACH, FL 32233-5810 ATLANTIC BEACH, FL
Case Number: 18-293
Real Estate Number: 169505 1405
Legal Description: 67-132 08-2S-29E .315, ATLANTIC BEACH COUNTY CLUB UNIT 2 LOT 22
THIS CAUSE came for public hearing before the Code Enforcement Board on January 8, 2019, and the
Board having heard testimony under oath, received evidence, and heard arguments respective to all
appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as
follows:
FINDINGS OF FACT
1. That the Respondent owns the property located at 532 ATLANTIC BEACH CT, Atlantic Beach,
Florida.
2. That notice was sent by Certified Mailing and that Respondent was present at the hearing.
3. That notification of the violations of the City of Atlantic Beach, was made and served on the
Respondent as evidenced in this hearing.
4. That by Order dated November 28, 2018, the Respondent was found in violation of Florida
Building Code Section 6-16, International Property Maintenance Code 303.2, and City of
Atlantic Beach Ordinance Sec. 24-164 and ordered to comply by December 1, 2018. Failure to
comply would have result in fines of$250.00 for everyday not in compliance.
5. That Respondent is in compliance.
CONCLUSIONS OF LAW
THAT Respondent is in compliance.
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 Respondent is in compliance.
DONE AND ORDERED THIS January 8, 2019.
Page 1 of 2
Agenda Item #4.A.
07 Jul 2022
Page 58 of 154
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
ATTEST:
Lori Diaz, Records ClerkBy: Benj in de Luna, Chairman
Executed this /5 day of January , 2019.
PLEASE NOTE: Florida Statutes, Section
162.11, states that an appeal of this order shall
be filed in circuit court within thirty(30)days of
this order's execution
Page 2 of 2
Agenda Item #4.A.
07 Jul 2022
Page 59 of 154
4dr% Agenda Item #4.A.07 Jul 2022Page 60 of 154
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CODE ENFORCEMENT
Y'yWsCITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
9/28/2020 Case Number: 18-293
VRIGA RYANT Certified Mail Return Receipt:
532 Atlantic Beach Court 7016 0910 0001 6799 4530
ATLANTIC BEACH, FL 32233-5810
Property Address: 532 ATLANTIC BEACH CT
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 5, 2020 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 532 ATLANTIC BEACH CT, RE#169505 1405, 67-132 08-2S-29E .315
ATLANTIC BEACH COUNTRY CLUB UNIT 2 LOT 22. 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. IPMC Sec. 303.1 Private swimming pools, hot tubs, and spas containing water more than
twenty four inches in depth shall be completely surrounded by a fence or barrier at least forty
eight(48) inches in height above the finished ground lever measured on the side of the
barrier away from the pool. Gates and doors in such barriers shall be self- closing the pool.
Gates and doors in such barriers shall be self-closing and self latching. Where the self-
latching device is a minimum of 54 inches above the bottom of the gate the release
mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates
shall be maintained such that the gate will positively close and latch when released from an
open position of 6 in inches from the gatepost.No existing pool enclosure shall be removed,
replaced or changed in a manner that reduces its effectiveness as a safety barrier.
2. Sec. 24-164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with
a depth greater than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at
least four(4) feet in height and designed in compliance with all applicable state and local
regulations.
Agenda Item #4.A.
07 Jul 2022
Page 61 of 154
STATEMENT OF CODE ENFORCEMENT OFFICER: On 9/25/2020 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 532 ATLANTIC BEACH CT.
During the inspection, the undersigned Code Enforcement Officer observed that the property was in
violation of the section listed above in the City of Atlantic Beach Code of Ordinances. The nature of the
violation included:
On November 28, 2018 the City of Atlantic Beach Code Enforcement Board found you in violation for
failing to install the safety fence around your pool leaving it open and unsafe.
During an inspection on 9/25/2020, the pool was observed with no safety fencing around the pool.
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.
C, 7,ATS .V 2 k1 N-\ hereby swear and affirm that the above statement
is true an ccurate.
C)JY\
Angela Iriz. , TMU.S. Postal Service
Code Enforcement Officer, City o Atlantic Beach CERTIFIED MAIL° RECEIPT
m Domestic Mail Only
For delivery information,visit our website at www.usps.com'.
ATTEST: c'
Q' Certified Mail Fee
V•Y`
Extra
Receipt
RServices&
Fees(check box,add lee as aPPropnate)
Return Receeipt(hardcopy) $psItier Q 0 Return Receipt(electronic) $ Postmark
Q 0 Certified Mall Restricted Delivery $ Here
Q Adutt Signature Required $
Kim Flowers, Records ClerkQ AdultSignature Restricted Delivery$
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Agenda Item #4.A.
07 Jul 2022
Page 62 of 154
4;0=4 i
III!MLLE FL 320
o City of Atlantic Beach NEOPOST FIRST-a.ass MAIL
800 Seminole Road 20 PM 1 L
09/28/2020
16 Atlantic Beach,Florida 32233 US POSTAGE$006.90
7016 0910 0001 6799 4530 paini4._ ZIP 32233
t 041M11299654
V.--)
VRIGA RYANT Certified Mai 117 ' 1
532 Atlantic Beach Court 7016 09 n; i E i
ATLANTIC BEACH, FL 32233-5810
V Tr; 'SENDER
Property U CL A I m E 0
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3 7174..3_;I. b2 hill1SlliS17il!1i1i1{ii1S1Pf!1i1f1Ii1y1lMillinilli'lfilii Agenda Item #4.A.07 Jul 2022Page 63 of 154
N''
fy, CITY OF ATLANTIC BEACH
Ke 800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
75,
PHONE (904) 247-5800
NOH POSTING AFFIDAVIT AND
PROOF OF MAILING REGULAR MAIL
Case Number: 20-058
Pursuant to Chapter 162, Florida Statutes and Sec. 2-147, City of Atlantic Beach City Code of
Ordinances, I,Angela Irizarry, Code Enforcement Officer, City of Atlantic Beach,hereby affirm a
Notice of Hearing, a copy of which is attached, was mailed regular mail and was posted at the
following locations:
1) Date Posted: 10 12L0 I 2D20
Location: 532 Atlantic Beach Ct., Atlantic Beach, Florida
2) Date Posted: I 0 1 ala I 202_0
Location: ATLANTIC BEACH CITY HALL
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
Angel arry, Code E i ement
County of Duval
State of Florida
The foregoing Affidavit was acknowledged before me this day of OC4Leke,r-
20Zo , by Angela Irizarry,who is personally known to me as Code Enforcement for the City of
Atlantic Beach.
Person taking acknowledgement:
Notary Stamp/Seal) 60/
Nota Pu lic, State of Florida
LORI DIAZ
ro= D IRES:Novem 13,
4:WIN''' Bonded Mu Notary Public t s
Agenda Item #4.A.
07 Jul 2022
Page 64 of 154
rS\-JY-I'i CODE ENFORCEMENT
f CITY OF ATLANTIC BEACH, FLORID s
1._`''` POSTED ON PROPERTY AND
NOTICE OF HEARING ATLANTIC BEACH CITY HALL
41:)1119'1' DATE: '`Zlc7 2D2-
10/26/2020 Case Number: 18-293
VRIGA RYANT Certified Mail Return Receipt:
532 Atlantic Beach Court 7016 0910 0001 6799 4530
ATLANTIC BEACH,FL 32233-5810
Property Address: 532 ATLANTIC BEACH CT
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 5, 2020 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 532 ATLANTIC BEACH CT, RE#169505 1405, 67-132 08-2S-29E .315
ATLANTIC BEACH COUNTRY CLUB UNIT 2 LOT 22. 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. IPMC Sec.303.1 Private swimming pools,hot tubs,and spas containing water more than
twenty four inches in depth shall be completely surrounded by a fence or barrier at least forty
eight(48) inches in height above the finished ground lever measured on the side of the
barrier away from the pool. Gates and doors in such barriers shall be self- closing the pool.
Gates and doors in such barriers shall be self-closing and self latching. Where the self-
latching device is a minimum of 54 inches above the bottom of the gate the release
mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates
shall be maintained such that the gate will positively close and latch when released from an
open position of 6 in inches from the gatepost.No existing pool enclosure shall be removed,
replaced or changed in a manner that reduces its effectiveness as a safety barrier.
2. Sec.24-164 Swimming Pools(c)Fences: All swimming pools and any ornamental pool with
a depth greater than two(2)feet shall be enclosed by a fence,wall or equivalent barrier at
least four(4) feet in height and designed in compliance with all applicable state and local
regulations.
Agenda Item #4.A.
07 Jul 2022
Page 65 of 154
STATEMENT OF CODE ENFORCEMENT OFFICER: On 9/25/2020 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 532 ATLANTIC BEACH CT.
During the inspection, the undersigned Code Enforcement Officer observed that the property was in
violation of the section listed above in the City of Atlantic Beach Code of Ordinances. The nature of the
violation included:
On November 28, 2018 the City of Atlantic Beach Code Enforcement Board found you in violation for
failing to install the safety fence around your pool leaving it open and unsafe.
During an inspection on 9/25/2020,the pool was observed with no safety fencing around the pool.
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, QVP _ 1'O((Z.' hereby swear and affirm that the above statement
is true an accurate.
CI\A(5311ek.AACIA—M--
Angela Irizarry,
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
Kim Flowers,Records Clerk
Agenda Item #4.A.
07 Jul 2022
Page 66 of 154
Ly fife CODE ENFORCEMENT
r, iitrI CITY OF ATLANTIC BEACH, FLORIDA
ii: NOTICE OF HEARING
11/10/2020 Case Number: 18-293
VRIGA RYANT Certified Mail Return Receipt:
532 Atlantic Beach Court 7018 2290 0001 0116 8350
ATLANTIC BEACH, FL 32233-5810
Property Address: 532 ATLANTIC BEACH CT
ATLANTIC BEACH, FL
Dear Respondent:
The Special Magistrate hearing previously scheduled for November 5, 2020 was postponed and a new
date has been set. You are hereby notified and ordered to appear at the next public hearing of the Code
Enforcement Special Magistrate on December 3, 2020 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 532 ATLANTIC BEACH CT, RE#169505 1405, 67-132 08-2S-29E .315
ATLANTIC BEACH COUNTRY CLUB UNIT 2 LOT 22. 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. IPMC Sec. 303.1 Private swimming pools, hot tubs, and spas containing water more than
twenty four inches in depth shall be completely surrounded by a fence or barrier at least forty
eight(48) inches in height above the finished ground lever measured on the side of the
barrier away from the pool. Gates and doors in such barriers shall be self- closing the pool.
Gates and doors in such barriers shall be self-closing and self latching. Where the self-
latching device is a minimum of 54 inches above the bottom of the gate the release
mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates
shall be maintained such that the gate will positively close and latch when released from an
open position of 6 in inches from the gatepost.No existing pool enclosure shall be removed,
replaced or changed in a manner that reduces its effectiveness as a safety barrier.
2. Sec. 24-164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with
a depth greater than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at
least four(4) feet in height and designed in compliance with all applicable state and local
regulations.
Agenda Item #4.A.
07 Jul 2022
Page 67 of 154
STATEMENT OF CODE ENFORCEMENT OFFICER: On 9/25/2020 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 532 ATLANTIC BEACH CT.
During the inspection, the undersigned Code Enforcement Officer observed that the property was in
violation of the section listed above in the City of Atlantic Beach Code of Ordinances. The nature of the
violation included:
On November 28, 2018 the City of Atlantic Beach Code Enforcement Board found you in violation for
failing to install the safety fence around your pool leaving it open and unsafe.
During an inspection on 9/ 25/2020, the pool was observed with no safety fencing around the pool.
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, p ! _ V-2_0f r hereby swear and affirm that the above statement
is true and . curate.
CL-9—
e a Iriz
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
U.S. Postal Service-
CERTIFIED MAIL° RECEIPT
Domestic Mail OnlyLn
For delivery information,visit our website at www.usps.com"'.
Kim Flowers, Records Clerk
r- Certified Mail Fee
r-a
Extra Services&Fees(check box,add fee as appropriate)
0 Return Receipt(hardcopy)
1-4
Q 1_,Return Receipt(electronlc) $ Postmark
O Certified Mail Restricted Delivery $ Here
O Aduk Signature Required $
0 Adult Signature Restricted Delivery$
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Agenda Item #4.A.
07 Jul 2022
Page 68 of 154
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07 Jul 2022
Page 69 of 154
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Agenda Item #4.A.
07 Jul 2022
Page 70 of 154
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner First Class and Certified Mail Return Receipt
Requested: 7019 2970 0000 9866 3126
vs.
Property Address: 532 Atlantic Beach Court
Atlantic Beach, FL 32233
Vriga Ryant
532 Atlantic Beach Court
Atlantic Beach, FL 32233-5810
Respondent.
CASE NUMBER: 18-293
REAL ESTATE NUMBER: 169505 1405
LEGAL DESCRIPTION: 67-132-08-2S-29E .315,ATLANTIC BEACH COUNTRY CLUB UNIT 2, LOT 22
ATLANTIC BEACH,FLORIDA
ORDER FINDING COMPLIANCE ON CASE No. 18-293
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on December
3,2020, 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 532 Atlantic Beach Court, Atlantic Beach,
Florida.
2. Notice of the hearing was sent by Certified Mail.
3. Respondent appeared at the hearing.
4. Respondent was first sent a notice of violating Atlantic Beach Code of Ordinances §24-
164 for failing to fence his swimming pool on September 17, 2018.
5. On September 27, 2018, Respondent was sent another notice of violating Code § 24-164,
along with notice of violating§ 303.2 of the International Property Maintenance Code.
6. On November 29, 2018, the Atlantic Beach Code Enforcement Board entered an order
finding Respondent had violated the City's Code and giving Respondent until December
1, 2018 to comply.
7. On January 15, 2019, the City's Code Enforcement Board entered an order finding that
Respondent had complied.
8. On September 22, 2020, the vice-president of the homeowner's association that governs
Respondent's neighborhood contacted the City's Code Enforcement department about
homeowners that did not have swimming pools properly fenced.
9. On September 25, 2020, Mr. Natter took Code Enforcement Officer Angela Irizarry
through the golf course in Respondent's neighborhood.
Agenda Item #4.A.
07 Jul 2022
Page 71 of 154
10. From the golf course, Officer Irizarry observed Respondent's swimming pool in an
unfenced condition with no one present at the pool.
11. On September 28, 2020, Respondent was sent another notice that he had violated the
City's Code by failing to enclose his pool.
12.At the December 3, 2020 hearing, Respondent testified that on September 25, 2020, his
fence was not enclosed because lawn maintenance work was being done in his yard that
required the temporary removal of the fence.
13.No contradictory evidence was introduced.
14.At the hearing, Respondent provided live video evidence that his pool was enclosed.
15.Respondent was admonished at the hearing that future observations of his pool in an
unfenced condition would make it increasingly difficult for him to establish by a
preponderance of the evidence that his pool is in compliance with the City's Code.
CONCLUSIONS OF LAW
16. The City of Atlantic Beach has, via Code § 6-120, has adopted the International Property
Maintenance Code (hereinafter IPMC) and incorporated it into its ordinances.
17.The preponderance of evidence presented at the December 3, 2020 hearing established
that Respondent was in compliance at the time of the hearing.
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 Respondent is in compliance.
DONE AND ORDERED THIS 1871-` DAY OF DECEMBER 2020.
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
ATTEST:
t'_gia
Kimberly A Flower, Records Clerk Jeff.-Branham, Special Magistrate
Executed this 18th day of December 2020.
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 #4.A.
07 Jul 2022
Page 72 of 154
ri"`\'\'CODE ENFORCEMENT
J' t#.,
S CITY OF ATLANTIC BEACH, FLORIDA
c)
J fir
NOTICE OF HEARING
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J;il rr
4/11/2022 Case Number: 18-293
VRIGA RYANT POSTED ON PROPERTY AND
532 Atlantic Beach Court ATLANTIC BEACH CITY HALL
ATLANTIC BEACH, FL 32233-5810
Property Address: 532 ATLANTIC BEACH CT
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 May 5th 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
532 ATLANTIC BEACH CT, RE#169505 1405, 67-132 08-2S-29E .315 ATLANTIC BEACH
COUNTRY CLUB UNIT 2 LOT 22. 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. IPMC Sec.303.1 Private swimming pools, hot tubs, and spas containing water more than
twenty four inches in depth shall be completely surrounded by a fence or barrier at least forty
eight(48) inches in height above the finished ground lever measured on the side of the
barrier away from the pool. Gates and doors in such barriers shall be self- closing the pool.
Gates and doors in such barriers shall be self-closing and self latching. Where the self-
latching device is a minimum of 54 inches above the bottom of the gate the release
mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates
shall be maintained such that the gate will positively close and latch when released from an
open position of 6 in inches from the gatepost. No existing pool enclosure shall be removed,
replaced or changed in a manner that reduces its effectiveness as a safety barrier.
2. Sec. 24-164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with
a depth greater than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at
least four(4) feet in height and designed in compliance with all applicable state and local
regulations.
Agenda Item #4.A.
07 Jul 2022
Page 73 of 154
STATEMENT OF CODE ENFORCEMENT OFFICER: On 4/11/2022 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 532 ATLANTIC BEACH CT.
During the inspection, the undersigned Code Enforcement Officer observed that the property was in
violation of the section listed above in the City of Atlantic Beach Code of Ordinances. The nature of the
violation included:
On November 28, 2018 the City of Atlantic Beach Code Enforcement Board found you in violation for
failing to install the safety fence around your pool leaving it open and unsafe and were given until
12/1/2018 to secure the pool. A second notice of hearing was issued on 11/29/2018 when the pool was
found unsecured again. The pool was secured before the hearing.
During an inspection on 4/11/2022, the pool was observed again without the safety fencing completely
around the pool.
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.
CAC I hereby swear and affirm that the above statement
is trued . urate.
Alb. AO
Angela I ' •;04,
Code Enforcement Officer, C. of Atlantic Be.
ATTEST:
Vanessa Angers, Records Clerk
Agenda Item #4.A.
07 Jul 2022
Page 74 of 154
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CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner First Class and Certified Mail Return Receipt
Requested:
vs.
Property Address: 532 Atlantic Beach Ct.
Vriga Ryant Atlantic Beach, FL 32233
532 Atlantic Beach Ct.
Atlantic Beach, FL 32233
Respondent.
CASE NUMBER: 18-293
REAL ESTATE NUMBER: 169505-1405
LEGAL DESCRIPTION: 67-132 08 2S-29E .315,ATLANTIC BEACH COUNTRY CLUB UNIT 2,LOT 22,
ATLANTIC BEACH,FL.
ORDER ON CASE No. 21-
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on May 5,
2022, 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 532 Atlantic Beach Ct., Atlantic Beach, FL.
2. Notice of the hearing was posted to the front door of the property address. The
Respondent had been previously cited for violation of IPMC Sec. 303.1, failure to install
and use a pool safety fence. However, the property came into compliance on December
3, 2020. At that time the Respondent was admonished for the unfencing of the pool and
was told by the Court that future observations of his pool in an unfenced condition
would make it increasingly difficult for him to establish by a preponderance of the
evidence that his pool is in compliance with the City of Atlantic Beach codes.
3. On or about April 11, 2020, The City of Atlantic Beach stated they received a complaint
from a neighbor that the safety pool barrier not up and functioning. The City of Atlantic
Beach reported they had also observed the violation.
4. The Respondent requested a continuance of the hearing due to health issues in his
family and work obligations at the scheduled time of the hearing.
CONCLUSIONS OF LAW
5. The Respondent was provided proper notice of the violation and hearing. The
Respondent requested a continuance of the hearing to the City of Atlantic Beach.
Agenda Item #4.A.
07 Jul 2022
Page 76 of 154
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 be granted a continuance until the next scheduled hearing date.
DONE AND ORDERED THIS DAY OF MAY,2022.
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
Ladayija Nichols, Records Clerk Suzanne W. Green, Special Magistrate
Executed this day of May 2022.
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 #4.A.
07 Jul 2022
Page 77 of 154
CODE ENFORCEMENT
t# ALA
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
6/13/2022 Case Number: 18-293
VRIGA RYANT Certified Mail Return Receipt:
532 Atlantic Beach Court 7013 1710 0002 1691 9240
ATLANTIC BEACH, FL 32233-5810
Property Address: 532 ATLANTIC BEACH CT
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 7, 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
532 ATLANTIC BEACH CT, RE#169505 1405, 67-132 08-2S-29E .315 ATLANTIC BEACH
COUNTRY CLUB UNIT 2 LOT 22. 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. IPMC Sec. 303.1 Private swimming pools, hot tubs, and spas containing water more than
twenty four inches in depth shall be completely surrounded by a fence or barrier at least forty
eight (48) inches in height above the finished ground lever measured on the side of the
barrier away from the pool. Gates and doors in such barriers shall be self- closing the pool.
Gates and doors in such barriers shall be self-closing and self latching. Where the self-
latching device is a minimum of 54 inches above the bottom of the gate the release
mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates
shall be maintained such that the gate will positively close and latch when released from an
open position of 6 in inches from the gatepost. No existing pool enclosure shall be removed,
replaced or changed in a manner that reduces its effectiveness as a safety barrier.
2. Sec. 24-164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with
a depth greater than two (2)feet shall be enclosed by a fence, wall or equivalent barrier at
least four(4)feet in height and designed in compliance with all applicable state and local
regulations.
Agenda Item #4.A.
07 Jul 2022
Page 78 of 154
STATEMENT OF CODE ENFORCEMENT OFFICER: On 4/11/2022 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 532 ATLANTIC BEACH CT.
During the inspection, the undersigned Code Enforcement Officer observed that the property was in
violation of the section listed above in the City of Atlantic Beach Code of Ordinances. The nature of the
violation included:
On November 28, 2018 the City of Atlantic Beach Code Enforcement Board found you in violation for
failing to install the safety fence around your pool leaving it open and unsafe and were given until
12/1/2018 to secure the pool. A second notice of hearing was issued on 11/29/2018 when the pool was
found unsecured again. The pool was secured before the hearing.
During an inspection on 4/11/2022, the pool was observed again without the safety fencing completely
around the pool.
This case was scheduled for the May 5th hearing date but was deferred at the Respondent's request.
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, 14 hereby swear and affirm that the above statement
0
i • ean ipe.
Alk
gela riz. ,
Code Enfo Mgi en •fficer ty:`''i tlan M.ch
ATTEST:
Vanessa Angers, Records Clerk
Agenda Item #4.A.
07 Jul 2022
Page 79 of 154
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Agenda Item #4.A.
07 Jul 2022
Page 80 of 154
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Agenda Item #4.A.
07 Jul 2022
Page 81 of 154
Page 82 of 154
Case Details City of Atlantic Beach Case Number 21‐052 Printed: Tuesday, 05 July, 2022 1of 4 Description: Fence and Addition ‐ No Permit Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: STOP WORK ORDER Opened: 2/16/2021 Closed: Last Action: 11/19/2021 Fllw Up: 10/18/2021 Site Address: 1251 TULIP ST ATLANTIC BEACH, FL 32233 Site APN: 171023 0020 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES TELEPHONE CALL Angela Irizarry 2/12/2021 2/12/2021 Received complaint from neighbor saying owner was building onto the back of the house. TELEPHONE CALL Angela Irizarry 2/16/2021 2/16/2021 Property is posted with several no trespassing signs. Called Tennike Collins. She said her mother lives in the house and she did not know what they were doing with the room being built on the back of the house. Advised her that they needed to stop working and I would be sending a notice and she would have 10 days to have a permit pulled for the room. MEETING WITH RESPONDENT Angela Irizarry 2/24/2021 2/24/2021 Respondent came into the office and met with myself and Mike Jones about unpermitted addition. She stated that her tenant built it and she thought it had a permit. Mike discussed what he would need in order to review and inspect it. Gave them 30 days to get plans drawn. NOV CERT Angela Irizarry 3/31/2021 3/31/2021 NOV REG Angela Irizarry 3/31/2021 3/31/2021 Agenda Item #4.B.07 Jul 2022
Page 83 of 154
Case Details City of Atlantic Beach Case Number 21‐052 Printed: Tuesday, 05 July, 2022 2of 4 CMRR STATUS UPDATE Angela Irizarry 4/9/2021 4/9/2021 Certified letter still in transit. CMRR STATUS UPDATE Angela Irizarry 5/10/2021 5/10/2021 Certified letter is lost in the mail. Submitted claim with PO and am sending new letter. NOV CERT Angela Irizarry 5/10/2021 5/10/2021 CMRR RETURNED FROM PO Angela Irizarry 6/15/2021 6/15/2021 Certified letter returned by PO NOV POST Angela Irizarry 8/10/2021 8/10/2021 NOTICE OF HEARING Angela Irizarry 10/1/2021 10/4/2021 CMRR STATUS UPDATE Angela Irizarry 10/20/2021 10/25/2021 per usps.com, still in transit. Posting Property NOH POST AND AFF Angela Irizarry 10/25/2021 10/25/2021 CODE ENFORCEMENT AGENDA Kim Flower 10/28/2021 10/28/2021 CODE ENFORCEMENT ORDER Kim Flower 11/16/2021 12/10/2021 Respondent given 30 days to obtain a permit. SCAN & UPLOAD EXECUTED ORDERS Kim Flower 11/19/2021 12/10/2021 NOH LTR Angela Irizarry 2/4/2022 2/4/2022 Noticed for March 3, 2022 hearing. CEB MEETING Angela Irizarry 3/3/2022 3/3/2022 Paul Eakin appeared as counsel and reported property has transferred from Tanika Collins to her mother, Brenda Page. Paul Eakin, atty for Ms. Page asked for an extension to give Agenda Item #4.B.07 Jul 2022
Page 84 of 154
Case Details City of Atlantic Beach Case Number 21‐052 Printed: Tuesday, 05 July, 2022 3of 4 his client more time to do what needs to be done to get compliance. Case was scheduled for July 7th hearing. NOH LTR Angela Irizarry 6/13/2022 6/13/2022 NOH POST AND AFF Angela Irizarry 6/27/2022 6/27/2022 OTHER Angela Irizarry 6/30/2022 6/30/2022 Received written request from Atty Danielle Manos asking for the hearing to be rescheduled due to a conflict with the date. CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER PAGE BRENDA 5572 ADA JOHNSON RD JACKSONVILLE, FL 32218 INSPECTIONS VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES FENCES NO PERMIT Angela Irizarry 2/16/2021 Sec. 24‐157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit is required for any new or replacement fence or wall and all new or replacement fences and walls shall comply with the following provisions. Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may be used interchangeably within this chapter, and shall mean as specifically defined within section 24‐17. Fences must be constructed out of materials that are customarily used for fences. Agenda Item #4.B.07 Jul 2022
Page 85 of 154
Case Details City of Atlantic Beach Case Number 21‐052 Printed: Tuesday, 05 July, 2022 4of 4 SWO FLORIDA BLDG CODE Angela Irizarry 2/16/2021 REAR YARD FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, remove, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Agenda Item #4.B.07 Jul 2022
Page 86 of 154
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Agenda Item #4.B.
07 Jul 2022
Page 87 of 154
Agenda Item #4.B.
07 Jul 2022
Page 88 of 154
Agenda Item #4.B.
07 Jul 2022
Page 89 of 154
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH,FL 32233
PHONE (904)247-5800
2/ 16/2021
COLLINS TANIKIA L
1251 TULIP ST
ATLANTIC BEACH,FL 32233
Real Estate Number: 171023 0020 Case Number: 21-052
Location of Violation: 1251 TULIP ST, 18-34 38-2S-29E SEC H ATLANTIC BEACH LOT 2 BLK 207
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 1251 TULIP ST was conducted on 2/16/2021. 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:
1.A 6ft privacy fence has been installed on the property.There is no approved permit on file for this
fence.
2.An addition is being constructed on the rear of the home. There are no approved permits on file for
construction of an addition at this address.
VIOLATION CODE:
1.Sec.24-157.Fences,walls and similar structures.(a)Permit required.Issuance of a permit is required
for any new or replacement fence or wall and all new or replacement fences and walls shall comply with
the following provisions.Nonconforming fences shall not be replaced with nonconforming fences.The
term fence and wall may be used interchangeably within this chapter,and shall mean as specifically
defined within section 24-17.Fences must be constructed out of materials that are customarily used for
fences.
2.FBC Section 105 Permit 105.1 Required.Any owner or authorized agent who intends to construct,
enlarge,alter,repair,remove,demolish,or change the occupancy of a building or structure,or to erect,
install,enlarge,alter,repair,remove,convert or replace any required impact resistant coverings,
electrical,gas,mechanical or plumbing system,the installation of which is regulated by this code,or to
cause any such work to be done,shall first make application to the Building Official and obtain the
required permit.
Agenda Item #4.B.
07 Jul 2022
Page 90 of 154
This letter requests that the noted violation(s) be corrected by stopping all work and submitting a permit
application to the City of Atlantic Beach for the fence and addition 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 airizarrry@coab.us if you have any questions or need additional information.
I, cf\5ekt. . -0-7_ 3(ir't hereby swear and affirm that the above statement is true and
accurate.
rreerely,
Vgela Iri'4:rry
CODE ENFORCEMENT
Agenda Item #4.B.
07 Jul 2022
Page 91 of 154
r,
CITY OF ATLANTIC BEACH
4.10)
800 SEMINOLE ROAD
r ATLANTIC BEACH,FL 32233
PHONE (904) 247-5800
r artilP CERTIFIED RETURN RECEIPT
7016 0910 0001 6799 4394
3/31/2021
COLLINS TANIKIA L SENT VIA CERTIFIED RETURN RECEIPT
1251 TULIP ST AND REGULAR USPS MAIL
ATLANTIC BEACH, FL 32233
Real Estate Number: 171023 0020 Case Number: 21-052
Location of Violation: 1251 TULIP ST, 18-34 38-2S-29E SEC H ATLANTIC BEACH LOT 2 BLK 207
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 1251 TULIP ST was conducted on 2/16/2021 & 3/30/2021. 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:
1. A 6ft privacy fence has been installed on the property. There is no approved permit or permit
application on file for this fence.
2. An addition is being constructed on the rear of the home. There are no approved permits or permit
applications on file for construction of an addition at this address.
VIOLATION CODE:
1. Sec. 24-157. Fences,walls and similar structures. (a)Permit required. Issuance of a permit is required
for any new or replacement fence or wall and all new or replacement fences and walls shall comply with
the following provisions.Nonconforming fences shall not be replaced with nonconforming fences. The
term fence and wall may be used interchangeably within this chapter, and shall mean as specifically
defined within section 24-17. Fences must be constructed out of materials that are customarily used for
fences.
2. FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct,
enlarge,alter, repair,remove, demolish,or change the occupancy of a building or structure, or to erect,
install, enlarge, alter,repair, remove, convert or replace any required impact resistant coverings,
electrical, gas,mechanical or plumbing system,the installation of which is regulated by this code,or to
cause any such work to be done, shall first make application to the Building Official and obtain the
required permit.
Agenda Item #4.B.
07 Jul 2022
Page 92 of 154
This letter requests that the noted violation(s) be corrected by stopping all work and submitting a permit
application to the City of Atlantic Beach for the fence and addition 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, ry hereby swear and affirm that the above statement is true and
accurate. v
Si rely,
Angela Irizarry
CODE ENFORCEMENT
Agenda Item #4.B.
07 Jul 2022
Page 93 of 154
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07 Jul 2022
Page 94 of 154
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Agenda Item #4.B.
07 Jul 2022
Page 95 of 154
r r' ,
vrCITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ria ATLANTIC BEACH,FL 32233
y
PHONE (904)247-5800
CERTIFIED RETURN RECEIPT
7017 0660 0000 3856 5439
5/10/2021
COLLINS TANIKIA L SENT VIA CERTIFIED RETURN RECEIPT
1251 TULIP ST AND REGULAR USPS MAIL
ATLANTIC BEACH,FL 32233
Real Estate Number: 171023 0020 Case Number: 21-052
Location of Violation: 1251 TULIP ST, 18-34 38-2S-29E SEC H ATLANTIC BEACH LOT 2 BLK 207
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 1251 TULIP ST was conducted on 2/16/2021 & 3/30/2021. 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:
1.A 6ft privacy fence has been installed on the property. There is no approved permit or permit
application on file for this fence.
2.An addition is being constructed on the rear of the home. There are no approved permits or permit
applications on file for construction of an addition at this address.
VIOLATION CODE:
1. Sec. 24-157.Fences,walls and similar structures. (a)Permit required.Issuance of a permit is required
for any new or replacement fence or wall and all new or replacement fences and walls shall comply with
the following provisions.Nonconforming fences shall not be replaced with nonconforming fences.The
term fence and wall may be used interchangeably within this chapter,and shall mean as specifically
defined within section 24-17.Fences must be constructed out of materials that are customarily used for
fences.
2. FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct,
enlarge,alter,repair,remove,demolish,or change the occupancy of a building or structure,or to erect,
install,enlarge,alter,repair,remove,convert or replace any required impact resistant coverings,
electrical,gas,mechanical or plumbing system,the installation of which is regulated by this code,or to
cause any such work to be done, shall first make application to the Building Official and obtain the
required permit.
Agenda Item #4.B.
07 Jul 2022
Page 96 of 154
This letter requests that the noted violation(s) be corrected by stopping all work and submitting a permit
application to the City of Atlantic Beach for the fence and addition 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@coabb..u)s if you have any questions or need additional information.
I, a zorr-I hereby swear and affirm that the above statement is true and
accurate
rely,
W s 0
Angela Irizarry 410
CODE ENFORCEMENT
Agenda Item #4.B.
07 Jul 2022
Page 97 of 154
Q 14'141FIRST-CLASS MAIL
T 4 ' City of Atlantic Beach NEOPOST
t 800 Seminole
Road111 11111 111 1111 05/10/2021
Atlantic Beach, Florida 32233
US POSTAGE$006.962
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7017 0660 0000 3856 5439 pa* Z 1 P 32233
041M 11299654
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COLLINS TANIKIA L
1251 TULIP ST R-T-S- 322334420-1N 06/08/27.
ATLANTIC BEACH, FL 32233 RETURN TO SENDER
UNABLE TO FORWARD
1
Real Estate Number: 171023 0020 Case_Nu UNABLE TO
RETURN TO SENDERBENDER
322:=iri4.;1: iihill,iloii„iii,i:ii,i,n,rill,ii„ni„niiiiii„iii,iiii,i,iiiiiili Agenda Item #4.B.07 Jul 2022Page 98 of 154
S rL`j»Jn CITY OF ATLANTIC BEACH
Sy 800 SEMINOLE ROAD
ATLANTIC BEACH,FL 32233
PHONE (904)247-5800
8/10/2021
COLLINS TANIKIA L POSTED ON PROPERTY AND
1251 TULIP ST ATLANTIC BEACH CITY HALL
ATLANTIC BEACH, FL 32233
Real Estate Number: 171023 0020 Case Number: 21-052
Location of Violation: 1251 TULIP ST, 18-34 38-2S-29E SEC H ATLANTIC BEACH LOT 2 BLK 207
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 H, Section 6-16.
A code enforcement inspection at 1251 TULIP ST was conducted on 2/16/202, 3/30/2021 & 8/10/2021. 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:
1.A 6ft privacy fence has been installed on the property.There is no approved permit or permit
application on file for this fence.
2.An addition is being constructed on the rear of the home. There are no approved permits or permit
applications on file for construction of an addition at this address.
VIOLATION CODE:
1. Sec. 24-157. Fences,walls and similar structures. (a)Permit required.Issuance of a permit is required
for any new or replacement fence or wall and all new or replacement fences and walls shall comply with
the following provisions.Nonconforming fences shall not be replaced with nonconforming fences. The
term fence and wall may be used interchangeably within this chapter,and shall mean as specifically
defined within section 24-17.Fences must be constructed out of materials that are customarily used for
fences.
2.FBC Section 105 Permit 105.1 Required.Any owner or authorized agent who intends to construct,
enlarge,alter,repair,remove,demolish,or change the occupancy of a building or structure,or to erect,
install,enlarge,alter,repair,remove,convert or replace any required impact resistant coverings,
electrical,gas,mechanical or plumbing system,the installation of which is regulated by this code,or to
cause any such work to be done,shall first make application to the Building Official and obtain the
required permit.
Agenda Item #4.B.
07 Jul 2022
Page 99 of 154
This letter requests that the noted violation(s) be corrected by stopping all work and submitting a permit
application to the City of Atlantic Beach for the fence and addition within ten (10) days of the posting of
this notice.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date will 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, 1 2 ` hereby swear and affirm that the above statement is true and
accurate.
rely,
0.-
Angela Iri
CODE ENFORCEMENT
Agenda Item #4.B.
07 Jul 2022
Page 100 of 154
A ,;,/
yL!`
1c' CITY OF ATLANTIC BEACH
SS• 800 SEMINOLE ROAD
r' gsi ATLANTIC BEACH, FL 32233
PHONE (904) 247-5800
POSTING AFFIDAVIT AND
PROOF OF MAILING REGULAR MAIL
Case Number: 21-052
Pursuant to Chapter 162, Florida Statutes and Sec. 2-147, City of Atlantic Beach City Code of
Ordinances, I,Angela Irizarry, Code Enforcement Officer,City of Atlantic Beach, hereby affirm a
Notice of Violation, a copy of which is attached, was mailed regular mail and was posted at the
following locations:
1101) Date Posted: 1 20 2l
Location: 1251 Tulip St,Atlantic Beach, Florida
2) Date Posted: l t 0 \ 2-02-1
Location: ATLANTIC BEACH CITY HALL
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
JA(
IAngelaIr. ry, Code Enforce A e#
4116CountyofDuval
J
State of Florida
The foregoing Affidavit was acknowledged before me this 104 day of AMM IA f
20 2-I , by Angela Irizarry,who is personally known to me as Code Enforcement for the City of
Atlantic Beach.
Person taking acknowledgement:
Notary Stamp/Seal) O1/1/YLeL 1&14W--e
Notary Public, State of Florida
1!g DONNA L.BARTLE
MY COMMISSION#H 085656
i, EXPIRES:May 14,2025
zo;f`
Ot,'
Bonded Thru Notary Public Underwriters
Agenda Item #4.B.
07 Jul 2022
Page 101 of 154
r5!.r\'`If CODE ENFORCEMENT
J A
CITY OF ATLANTIC BEACH FLORIDA
i1
ii.
0v
NOTICE OF HEARING
10/4/2021 Case Number: 21-052
COLLINS TANIKIA Certified Mail Return Receipt:
1251 TULIP ST 7013 1710 0002 1691 9066
ATLANTIC BEACH, FL 32233
Property Address: 1251 TULIP ST
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
1251 TULIP ST, 18-34 38-2S-29E SEC H ATLANTIC BEACH LOT 2 BLK 207 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:
1. FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct,
enlarge, alter, repair, remove, demolish, or change the occupancy of a building or structure, or to
erect, install, enlarge, alter, repair, remove, convert or replace any required impact resistant
coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated
by this code, or to cause any such work to be done, shall first make application to the Building
Official and obtain the required permit.
2. Sec. 24-157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit is
required for any new or replacement fence or wall and all new or replacement fences and walls
shall comply with the following provisions. Nonconforming fences shall not be replaced with
nonconforming fences. The term fence and wall may be used interchangeably within this chapter,
and shall mean as specifically defined within section 24-17. Fences must be constructed out of
materials that are customarily used for fences.
STATEMENT OF CODE ENFORCEMENT OFFICER: An unpermitted fence and an unpermitted
addition has been added to this home. On February 16, 2021 a telephone conversation was held with the
Respondent who stated that her mother lived in the home and she was unaware that they had started the
unpermitted work. On February 24, 2021, the occupants of the home come into the office and met with
myself and the plan reviewer, Mike Jones, to discuss what needed to be done in order to pull a permit for
Page 1 of 2
Agenda Item #4.B.
07 Jul 2022
Page 102 of 154
the work on the home. They were given 30 days to have plans drawn up and submitted to the City. To
date, no application has been received and no permit has been issued for the work.
The City intends to ask for a fine of$250 per day for every day the unpermitted work remains on the
property.
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, e` C-1- -Z•2cuY hereby swear and affirm that the above statement
acc
A
ate.
Angela Iri 11. 2?
jk (
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
xi;oti_rLnurAr U.S. Postal Service,.
Kim Flower, Records Clerk
CERTIFIED MAILTM RECEIPT
a (Domestic Mail Only;No Insurance Coverage Provided)
p- For delivery Information visit our website at www.usps.come
rR
D Postage $
SLI
Certified Fee
Postmark
ci Return Receipt Fee Here
ci (Endorsement Required)
Restricted Delivery Fee
O (Endorsement Required)
r-R
Total Postage&Fees $
ra
rrill Sent 7-
1,00'.0Con s Tculi k lct., C C t72 l -0 .
Street,Apt.No.;
Nor PO Box No.
City,State,ZIP+4
PS Form 3800.August 2006 See Reverse for Instructions
Page 2 of 2
Agenda Item #4.B.
07 Jul 2022
Page 103 of 154
ikTi.„4..
it 0 CITY OF ATLANTIC BEACH, )FLORIDA
y NOTICE OF REARINGiTA
4 , 10/2512021
Case Number: 21-052
r :. _
COLLINS TANIKJA
POSTED ON PROPERTY ANDf • , 1251 TULIP ST
ATLANTIC REACH,FL 32233 ATLANTIC BEACH CITY HAIL
Property Address: 1251 TULIP ST
ATLANTIC BEACH. FL
Dear Respondent:
t You are hereby notified and ordered to appeaat the next public hearingMagistrateonNovember4,2021 at 2:00
1 b of the Code Enforcement SpecialI,
pm at Atlantic Beach City Hall Commission Chamber, 800SeminoleRoad, to answer and he heard on the following alleged violationsill41--,7%tt%
1251 TULIP ST, 18-34 38-2S-29E SEC H ATLANTIC BEACH LOT 2 BI.h 207
Atlanticc
property known
Florida.
asTheCityofAtlanticBeachadoptedtheinternationalPropertyMaintenance
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Code as put of the City of Atlantic Beach and the FloridarodcofOrdinancesinC'ha tc Buildingilr-p r fi,Article iJ,Section fi-16.1 tens ti al 1 ro erh ,Maintenance o a/Cit Code of r aper
Agenda Item #4.B.07 Jul 2022Page 104 of 154
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Agenda Item #4.B.
07 Jul 2022
Page 105 of 154
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 9349
vs.
Property Address: 1251 Tulip Street
Tanikia Collins Atlantic Beach, FL 32233
1251 Tulip Street
Atlantic Beach, FL 32233
Respondent.
CASE NUMBER: 21-052
REAL ESTATE NUMBER: 171023-0020
LEGAL DESCRIPTION: 18-34 38-2s-29E, SECTION H ATLANTIC BEACH,FL, LOT 2 BLK 207
ORDER ON CASE NO. 21-052
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 1251 Tulip Street, Atlantic Beach, FL. The
Respondent stated that her parents occupy the property.
2. Notice of the hearing was attempted by certified mail, however, was lost in the mail. The
property was subsequently posted for violation of Sec. 24-157 and FBC Section 105
Permit 105.1 requiring a permit for any new or replacement fence or wall.
3. The Respondent was contacted and advised that they needed to stop the addition of the
room on the back of the property and submit their plans for a permit. On February 24,
2021, Respondent was given 30 days to have plans drawn up for submission.
4. A hearing was held at the November 4, 2021, Code Enforcement meeting. Respondent
appeared and stated she thought her parents had applied for a permit.
5. The City of Atlantic Beach requested the Respondent have thirty (30) days to submit an
application and this matter be deferred to the January 6, 2022, code enforcement
hearing.
CONCLUSIONS OF LAW
6. The Respondent was provided proper notice of the violation and hearing. Plans and a
permit application had not been submitted at the time of the hearing.
Agenda Item #4.B.
07 Jul 2022
Page 106 of 154
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 submit a permit application and plans within thirty (30) days of the
date of this Order 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.
DONE AND ORDERED THIS 24TH DAY OF NOVEMBER 2021.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
4644-
Kimberly -ower, Records Clerk uzanne . reen, Special 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.
2
Agenda Item #4.B.
07 Jul 2022
Page 107 of 154
61 City of Atlantic Beach
i LLE FL. 3
EoposT FIRST-CLASS MAIL
800 Seminole Road
I ``
t_ 11!24!2021 0nn
Atlantic Beach, Florida 32233 US POSTAGE V 07. 33-
ZIP 32233CEIVED70131710000216919349
041M11299654
NOV 29 2021
vs.
Property
T
322 NFE 1 82010011/25 /21
anikiaCollins FORWARD TIME EXP RTN TO SEND
COLLINS TANIKIA L1251TulipStreetPosox330912
Atlantic Beach, FL 32233 7 AC K S O N V I LL E F L 32233-0912
RETURN TO SENDER
v.=."Tri X61 Agenda Item #4.B.07 Jul 2022Page 108 of 154
11:k', SIIi i E FL 29,EOPOSTr FIRST-CLASS MAILCityofAtlanticBeach
800 Seminole Road y t .:. pm 11/24/2021
ow
n
Atlantic Beach, Florida 32233 US POSTAGE$000.53
RECEIVE D g„ap..4- ZIP 32233
041M11299654
NOV 2 9 2021
vs.
PI
Tanikia Collins3 2 2 N F E 1 82010011/25 /21 1
FORWARD TIME EXP RTN TO SEND
1251 Tulip Street COLLINS 1TANIKIA L.
2 1
Atlantic Beach, FL 32233
PO OX 3 09
JACKSONVILLE FL 32233 -0912 I
1 _
Sy ^f
RETURN TO SENDER}
j } p3223
2 . 317 461 11111/1/ 1111 11 -4 tl i- i !i Ih1 1 t I!f i i II i 61 It l llilf f 9 1 Agenda Item #4.B.07 Jul 2022Page 109 of 154
sCODE ENFORCEMENT
41 4
CITY OF ATLANTIC BEACH, FLORIDA
1)
r
NOTICE OF HEARING
2/4/2022 Case Number: 21-052
COLLINS TANIKIA Certified Mail Return Receipt:
1251 TULIP ST 7013 1710 0002 1691 8885
ATLANTIC BEACH, FL 32233
Property Address: 1251 TULIP ST
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 March 3, 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
1251 TULIP ST, 18-34 38-2S-29E SEC H ATLANTIC BEACH LOT 2 BLK 207 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:
1. FBC Section 105 Permit 105.1 Required.Any owner or authorized agent who intends to construct,
enlarge, alter, repair, remove, demolish, or change the occupancy of a,building or structure, or to
erect, install, enlarge, alter, repair, remove, convert or replace any required impact resistant
coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated
by this code, or to cause any such work to be done, shall first make application to the Building
Official and obtain the required permit.
2. Sec. 24-157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit is
required for any new or replacement fence or wall and all new or replacement fences and walls
shall comply with the following provisions. Nonconforming fences shall not be replaced with
nonconforming fences. The term fence and wall may be used interchangeably within this chapter,
and shall mean as specifically defined within section 24-17. Fences must be constructed out of
materials that are customarily used for fences.
STATEMENT OF CODE ENFORCEMENT OFFICER: An unpermitted fence and an unpermitted
addition has been added to this home. the work on the home. They were given 30 days to have plans
drawn up and submitted to the City. To date, no application has been received and no permit has been
issued for the work.This case was heard at the November 4,2021 hearing and the Respondent was ordered
Page 1 of 2
Agenda Item #4.B.
07 Jul 2022
Page 110 of 154
to submit a permit application within 30 days. As of today, no permit application has been received for
the addition or the fence.
The City intends to ask for a fine of$250 per day for every day the unpermitted work remains on the
property.
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,
1111\
QP r hereby swear and affirm that the above statement
e and.Accurate.
g-'' 40'
Code Enforcement Officer, Si ty of Atl. is Beach
ATTEST:
4,adc(44\- let.(c/A,-
Ladayija Nichols, Deputy City Clerk
Page 2 of 2
Agenda Item #4.B.
07 Jul 2022
Page 111 of 154
CERTIFIED MAIL,.
1-- ---)Kc---D!*VIL EFL 3'O
1- ,t,
L liJ' NEOPOST s -c.Ass r,rA.L
City of Mantic Beach 3 2022 PM I L
02/04/2022
rJ 0 800 Seminole Road
US POSTAGE$007.33p
Atlantic Beach, Florida 32233
r
32233
7013 1710 0002 1691 8885 041M11299654
COLLINS TANIKIA Certified Mail
1251 TULIP ST 7013 17100002 322 NFE 1 820I0002 / 11,E22ATLANTICBEACH, FL 32233 ORWARD TIME EXP RTN TO SEND i
COLLINS "TANIKIA L 1PropertyAddrtoSox »a 91 z
ACK.SONVILLE FL 32233- 0912 i
RETURN TO SENDER
22744.2 5'34511 Ii'il'iiilliillwiili„iiiii+iiiliiiitiiiiiriiliilisiii'i'iiiiii Agenda Item #4.B.07 Jul 2022Page 112 of 154
i= ' • 3dOl3AN3 i0 dO.Lltl tl3J 31J. 33V-1.1
SENDER: 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
0 Agent
so that we can return the card to you.
0 Addressee
Attach this card to the back of the mailpiece,
B. Received by(Printed Name) C. Date of Delivery
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
Oe" - al - OSS
VIII III EMIII I 11111 II I I I II I I
3. Service Type Priority Mail Express®
0 Adult Signature 0 Registered MaiIT"
0 Adult Signature Restricted Delivery 0 Registered Mail Restricted
Certified Mail® Delivery
9590 9402 5982 0062 6067 74 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 ConfirmationT"
ured Mail 0 Signature Confirmation
7013 1710 0 0 0 1691 8885 ured Mail Restricted Delivery
r$500)
Restricted Delivery
PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Agenda Item #4.B.07 Jul 2022Page 113 of 154
4-II I—
4
L`Jf
City of Atlantic Beach NEOPOST
800 Seminole Road 03/11/2022
SIRS?-CUSS MAIL
K.
v
Atlantic Beach, Florida 32233 US POSTAGE$007.33°
7017 1000 0000 7000 3129 tiI. ZIP 32233
a L.L'C P' . : 041M11299654
icequc.
vs.
Prc _.-
A'. .tirpt 71st" C. i r: L ,'u":Ilaser r—Tanikia Collins
1 1251 Tulip Street 9 =
Atlantic Beach, FL 32233 U BLE -Fu F LR W A
2,--i i 46 •`-'4 iiilinlipill11,1i111111411,1I,e1T1 1 lila! i! „1,11!,1!1 1 Agenda Item #4.B.07 Jul 2022Page 114 of 154
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. 0 Agent
Print your name and address on the reverse
X 0 Addressee
so that we can return the card to you.B. Received by(Printed Name) C. Date of Delivery
Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? 0 Yes
1. Article Addressed to:If YES,enter delivery address below: 0 No
Tc p\KnaCUV\rS
3. Service Type
Certified Mail" 0 Priority Mail Express"'
Registered 0 Return Receipt for Merchandise
0 Insured Mail 0 Collect on Delivery
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number
7 017 1000 0000 7000 3129Transferfromservicelabel)
PS Form 3811,July 2013 Domestic Return Receipt Agenda Item #4.B.07 Jul 2022Page 115 of 154
CODE ENFORCEMENT
A 'Jo
CITY OF ATLANTIC BEACH, FLORIDA
libmio
Iv -
NOTICE OF HEARING
6/13/2022 Case Number: 21-052
BRENDA PAGE Certified Mail Return Receipt:
5572 ADA JOHNSON RD 7013 1710 0002 1691 9233
JACKSONVILLE, FL 32218
Property Address: 1251 TULIP ST
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 7,2022 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 1251 TULIP
ST, 18-34 38-2S-29E SEC H ATLANTIC BEACH LOT 2 BLK 207 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:
1. FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct,
enlarge, alter, repair, remove, demolish, or change the occupancy of a building or structure, or to
erect, install, enlarge, alter, repair, remove, convert or replace any required impact resistant
coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated
by this code, or to cause any such work to be done, shall first make application to the Building
Official and obtain the required permit.
2. Sec. 24-157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit is
required for any new or replacement fence or wall and all new or replacement fences and walls
shall comply with the following provisions. Nonconforming fences shall not be replaced with
nonconforming fences. The term fence and wall may be used interchangeably within this chapter,
and shall mean as specifically defined within section 24-17. Fences must be constructed out of
materials that are customarily used for fences.
STATEMENT OF CODE ENFORCEMENT OFFICER: An unpermitted fence and an unpermitted
addition has been added to this home. To date, no application has been received and no permit has been
issued for the work. This case was heard at the November 4, 2021 hearing and the Respondent was ordered
to submit a permit application within 30 days. As of today, no permit application has been received and
the property has changed ownership. The case was heard at the March 3, 2022 hearing and an extension
Page 1 of 2
Agenda Item #4.B.
07 Jul 2022
Page 116 of 154
was granted until July 7, 2022 to allow the Owner and her counsel time to hire a licensed contractor and
submit plans for a permit.
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, \I _ •IlliP \2a( ( hereby swear and affirm that the above statement
an,.ccurate.
gib
0
g" .11103tApp-
Code Enforceme t Officer, Ci of Atlantic :each
ATTEST:
Vanessa Angers, Records Clerk
Page 2 of 2
Agenda Item #4.B.
07 Jul 2022
Page 117 of 154
i CODE ENFORCEMENT
fi
sj CITY OF ATLANTIC BEACH, FLORIDA
111‘POSTED ON PROPERTY ANDNOTICEOFHEARING
ATLANTIC BE CH CI
t ' DATE: a ciz)
HALL
6/13/2022 Case Number: 21-052
BRENDA PAGE Certified Mail Return Receipt:
5572 ADA JOHNSON RD 7013 1710 0002 1691 9233
JACKSONVILLE, FL 32218
Property Address: 1251 TULIP ST
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 7,2022 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 1251 TULIP
ST, 18-34 38-2S-29E SEC H ATLANTIC BEACH LOT 2 BLK 207 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:
1. FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct,
enlarge, alter, repair, remove, demolish, or change the occupancy of a building or structure, or to
erect, install, enlarge, alter, repair, remove, convert or replace any required impact resistant
coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated
by this code, or to cause any such work to be done, shall first make application to the Building
Official and obtain the required permit.
2. Sec. 24-157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit is
required for any new or replacement fence or wall and all new or replacement fences and walls
shall comply with the following provisions. Nonconforming fences shall not be replaced with
nonconforming fences. The term fence and wall may be used interchangeably within this chapter,
and shall mean as specifically defined within section 24-17. Fences must be constructed out of
materials that are customarily used for fences.
STATEMENT OF CODE ENFORCEMENT OFFICER: An unpermitted fence and an unpermitted
addition has been added to this home. To date, no application has been received and no permit has been
issued for the work. This case was heard at the November 4, 2021 hearing and the Respondent was ordered
to submit a permit application within 30 days. As of today, no permit application has been received and
the property has changed ownership. The case was heard at the March 3, 2022 hearing and an extension
Page 1 of 2
Agenda Item #4.B.
07 Jul 2022
Page 118 of 154
was granted until July 7, 2022 to allow the Owner and her counsel time to hire a licensed contractor and
submit plans for a permit.
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, 2_ lf hereby swear and affirm that the above statement
an‘).‘ ,26V___
Q____TQA
rate.
p .g'
Code Enforceme t Officer, Ci of Atlantic :each
ATTEST:
Vanessa Angers, Records Clerk
Page 2 of 2
Agenda Item #4.B.
07 Jul 2022
Page 119 of 154
NANCY C. HARRISON, ESQ. P.L.
599 Atlantic Boulevard, Suite 6
Atlantic Beach, Florida 32233
Telephone (904) 372-0008
Facsimile (904) 372-0571
Nancy C. Harrison, Esq. Paul M. Eakin, Esq.
nancy ac jaxfamilylaw.biz paul(jaxfamilylaw.biz
Danielle M. Manos, Esq.
danielle@jaxfamilylaw.biz
June 30, 2022
Magistrate Suzanne Green
800 Seminole Road
Atlantic Beach, FL 32233
Re: Brenda Page
1251 Tulip Street
Atlantic Beach, FL 32233
Case: 21-052
Dear Magistrate Green,
Our firm represents Ms. Brenda Page in the above-referenced Atlantic Beach
Code Enforcement violations matter regarding her property located at 1251 Tulip Street,
Atlantic Beach, FL 32233.
The hearing on this matter is currently scheduled for July 7, 2022 at 2:00 pm. We
have a direct conflict on the date of July 7, 2022 at 2pm requiring the attendance of Mr.
Paul Eakin and Myself. We have a hearing scheduled at the Duval County Courthouse
at the same time for a different matter which cannot be rescheduled.
We are also working with an engineer as requested by the City of Atlantic Beach
and will require more time for proper inspection, and any potential resolution in this
matter.
We respectfully request for the hearing to be rescheduled to September 1st,
2022 or hearing date being held for this type of matter. Please let our office know if
you are able to reschedule this hearing.
Should you require anything further please let me know.
Sincerely
elle . Ma • -, sq.
Agenda Item #4.B.
07 Jul 2022
Page 120 of 154
Case Details City of Atlantic Beach Case Number 21‐188 Printed: Tuesday, 05 July, 2022 1of 3 Description: Outside Storage & Dumpster Enclosure Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: COMMERCIAL Opened: 12/1/2021 Closed: Last Action: 6/13/2022 Fllw Up: 6/17/2022 Site Address: 1985 MAYPORT RD ATLANTIC BEACH, FL 32233 Site APN: 172194 0000 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES NOV REG Angela Irizarry 1/4/2022 1/4/2022 NOV CERT Angela Irizarry 5/9/2022 5/9/2022 NOH LTR Angela Irizarry 6/13/2022 6/13/2022 PERMIT APPLIED FOR Angela Irizarry 6/28/2022 6/28/2022 Submitted permit application to install a fence around the dumpster. CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER ERTEL ALEX 13155 LEATHERLEAF DR S JACKSONVILLE, FL 32225 INSPECTIONS INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES Agenda Item #5.A.07 Jul 2022
Page 121 of 154
Case Details City of Atlantic Beach Case Number 21‐188 Printed: Tuesday, 05 July, 2022 2of 3 INITIAL INSPECTION AI REINSPECTION AI 1/18/2022 4/20/2022 VIOLATION CONTINUES REINSPECTION AI 5/3/2022 5/9/2022 VIOLATION CONTINUES REINSPECTION AI 5/23/2022 VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES Dumpster Enclosures Angela Irizarry 1/3/2022 Waste Management Dumpster Sec. 24‐160. Dumpsters, garbage containers and refuse collection areas and above ground tanks. (b) Within commercial, industrial and multi‐family zoning districts, dumpsters, trash receptacles, above‐ground tanks and similar structures and containers shall be screened from view by fencing or landscaping, or shall be located so that these are not visible from adjacent properties or streets. Above‐ground tanks used to store hazardous, chemical or explosive materials may remain unscreened upon determination by the director of public safety that a threat to security and public safety may result from screening such tank(s) from view. Screening shall consist of either: densely planted trees and shrubs at least four (4) feet in height at the time of installation and of an evergreen variety that shall form a year round visual barrier and shall reach a minimum height of six (6) feet at maturity; or an opaque wood, masonry, brick or similarly constructed Agenda Item #5.A.07 Jul 2022
Page 122 of 154
Case Details City of Atlantic Beach Case Number 21‐188 Printed: Tuesday, 05 July, 2022 3of 3 fence, wall or barrier. Where a fence, wall or similar type barrier is used, construction materials, finish and colors shall be of uniform appearance. All screening shall be maintained in good condition. Where appropriate, a landscaped berm may be used in place of a fence, wall or trees Outside Display Commercial Angela Irizarry 1/3/2022 Pavers & Pallets Sec. 24.154. Outdoor display, sale and storage of furniture household items, merchandise and business activities outside of enclosed buildings. * (g) Within all non‐residential zoning districts, the outside display of products, or outside sale of furniture, clothing, dry goods, hardware or other similar merchandise, equipment and materials, and also street vendors, shall be prohibited. Pavers and Pallets stacked in front of garage building. Outside Storage Residential (173) Angela Irizarry 1/3/2022 Sec. 24‐173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. Agenda Item #5.A.07 Jul 2022
Page 123 of 154
Page 124 of 154
Agenda Item #5.A.
07 Jul 2022
Page 125 of 154
Agenda Item #5.A.
07 Jul 2022
Page 126 of 154
1/3/2022
Agenda Item #5.A.
07 Jul 2022
Page 127 of 154
Agenda Item #5.A.
07 Jul 2022
Page 128 of 154
CITY OF ATLANTIC BEACH
t s2 800 SEMINOLE ROAD
ATLANTIC BEACH,FL 32233
PHONE (904)247-5800
r ;3 g?
1/4/2022
ERTEL ALEX
13155 LEATHERLEAF DR S
JACKSONVILLE,FL 32225
Real Estate Number: 172194 0000 Case Number: 21-188
Location of Violation: 1985 MAYPORT RD, 19-16 17-2S-29E .23 DONNERS R/P PT BLOCK 23 RECD O/R
19714-2093 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 1985 MAYPORT RD was conducted on 1/3/2022. The City of Atlantic Beach
Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances:
1. NATURE OF VIOLATION: Pavers and rolls of artificial turf are being stored outside on the property.
These materials are visible from Mayport Road and from Dutton Island Road. This constitutes business
activities outside of the enclosed building and open storage of construction materials which is prohibited by
code sections listed below.
VIOLATION CODE(s): Sec. 24.154. Outdoor display, sale and storage of furniture household items,
merchandise and business activities outside of enclosed buildings. * (g) Within all non-residential zoning
districts,the outside display of products,or outside sale of furniture,clothing, dry goods,hardware or
other similar merchandise,equipment and materials,and also street vendors, shall be prohibited.
Sec. 24-173.Neighborhood preservation and property maintenance standards. (b)Appropriate
maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring
property shall be maintained in an acceptable manner,which shall be defined by the following
characteristics: 1. Lots are maintained free from litter,trash, debris, discarded belongings, automotive
parts,old tires,construction materials,and broken and abandoned items.
2. NATURE OF VIOLATION: The green Waste Management dumpster is unscreened. In accordance with
code, dumpsters and refuse collection areas must be screened from view as required by Section 24-160.
VIOLATION CODE(S): Sec.24-160. Dumpsters, garbage containers and refuse collection areas and
above ground tanks.(b)Within commercial, industrial and multi-family zoning districts,dumpsters,trash
receptacles, above-ground tanks and similar structures and containers shall be screened from view by
fencing or landscaping,or shall be located so that these are not visible from adjacent properties or streets.
Above-ground tanks used to store hazardous, chemical or explosive materials may remain unscreened
Agenda Item #5.A.
07 Jul 2022
Page 129 of 154
upon determination by the director of public safety that a threat to security and public safety may result
from screening such tank(s)from view.
Screening shall consist of either: densely planted trees and shrubs at least four(4)feet in height at the
time of installation and of an evergreen variety that shall form a year round visual barrier and shall reach
a minimum height of six(6)feet at maturity;or an opaque wood, masonry,brick or similarly constructed
fence,wall or barrier. Where a fence,wall or similar type barrier is used,construction materials,finish
and colors shall be of uniform appearance. All screening shall be maintained in good condition. Where
appropriate, a landscaped berm may be used in place of a fence,wall or trees
Installation of a fence or other barrier requires application to the City of Atlantic Beach and an approved
permit.
This letter requests that the noted violation(s) be corrected by removing the pavers and artifical turf and
screening around the dumpster 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, 1---ISt .1r1 hereby swear and affirm that the above statement is true and
accurate.
incer: y, 011, ,
r opo.
146AngelaIrizaA
CODE ENF• •CEMENT
Agenda Item #5.A.
07 Jul 2022
Page 130 of 154
r.5'
iii;}
CITY OF ATLANTIC BEACH
sA 800 SEMINOLE ROAD
ATLANTIC BEACH, FL 322331:57 z
PHONE (904) 247-5800
0111t.)CERTIFIED RETURN RECEIPT MAIL
7013 1710 0002 1691 8922
4/20/2022
ERTEL ALEX
13155 LEATHERLEAF DR S
JACKSONVILLE, FL 32225
Real Estate Number: 172194 0000 Case Number: 21-188
Location of Violation: 1985 MAYPORT RD, 19- 16 17-2S-29E .23 DONNERS R/P PT BLOCK 23 RECD O/R
19714-2093 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 1985 MAYPORT RD was conducted on 1/3/2022 & 4/20/2022. The City of
Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code
of Ordinances:
1. NATURE OF VIOLATION: Rolls of artificial turf are being stored outside on the property. These
materials are visible from Mayport Road. This constitutes business activities outside of the enclosed building
and open storage of construction materials which is prohibited by code sections listed below.
VIOLATION CODE(s): Sec. 24.154. Outdoor display, sale and storage of furniture household items,
merchandise and business activities outside of enclosed buildings. * (g)Within all non-residential zoning
districts,the outside display of products, or outside sale of furniture, clothing, dry goods,hardware or
other similar merchandise, equipment and materials, and also street vendors, shall be prohibited.
Sec. 24-173. Neighborhood preservation and property maintenance standards. (b)Appropriate
maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring
property shall be maintained in an acceptable manner,which shall be defined by the following
characteristics: 1. Lots are maintained free from litter,trash, debris, discarded belongings, automotive
parts,old tires, construction materials, and broken and abandoned items.
2. NATURE OF VIOLATION: The green Waste Management dumpster is unscreened. In accordance with
code, dumpsters and refuse collection areas must be screened from view as required by Section 24-160.
VIOLATION CODE(S): Sec. 24-160. Dumpsters,garbage containers and refuse collection areas and
above ground tanks. (b)Within commercial, industrial and multi-family zoning districts, dumpsters,trash
receptacles, above-ground tanks and similar structures and containers shall be screened from view by
fencing or landscaping, or shall be located so that these are not visible from adjacent properties or streets.
Above-ground tanks used to store hazardous, chemical or explosive materials may remain unscreened
Agenda Item #5.A.
07 Jul 2022
Page 131 of 154
upon determination by the director of public safety that a threat to security and public safety may result
from screening such tank(s)from view.
Screening shall consist of either: densely planted trees and shrubs at least four(4) feet in height at the
time of installation and of an evergreen variety that shall form a year round visual barrier and shall reach
a minimum height of six(6)feet at maturity;or an opaque wood, masonry,brick or similarly constructed
fence,wall or barrier. Where a fence, wall or similar type barrier is used, construction materials, finish
and colors shall be of uniform appearance. All screening shall be maintained in good condition. Where
appropriate, a landscaped berm may be used in place of a fence,wall or trees
Installation of a fence or other barrier requires application to the City of Atlantic Beach and an approved
permit.
This letter requests that the noted violation(s) be corrected by removing the artifical turf and screening
around the dumpster 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, Ilk 0 \ or hereby swear and affirm that the above statement is true and
accurate.
Since ly,
Ai11
fip
40,,Iri.:rry
CODE ENV* ' ENT
Agenda Item #5.A.
07 Jul 2022
Page 132 of 154
3 r`'jJO CITY OF ATLANTIC BEACH
C)4-
A 800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
PHONE (904) 247-5800
Pi art
CERTIFIED RETURN RECEIPT MAIL
7013 1710 0002 1691 9288
5/9/2022
ERTEL ALEX
13155 LEATHERLEAF DR S
JACKSONVILLE, FL 32225
Real Estate Number: 172194 0000 Case Number: 21-188
Location of Violation: 1985 MAYPORT RD, 19- 16 17-2S-29E .23 DONNERS R/P PT BLOCK 23 RECD O/R
19714-2093 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 1985 MAYPORT RD was conducted on 1/3/2022, 4/20/2022, & 5/9/2022. The
City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach
Code of Ordinances:
1. NATURE OF VIOLATION: The green Waste Management dumpster is unscreened. In accordance with
code, dumpsters and refuse collection areas must be screened from view as required by Section 24-160.
VIOLATION CODE(S): Sec. 24-160. Dumpsters,garbage containers and refuse collection areas and
above ground tanks. (b)Within commercial, industrial and multi-family zoning districts,dumpsters,trash
receptacles, above-ground tanks and similar structures and containers shall be screened from view by
fencing or landscaping, or shall be located so that these are not visible from adjacent properties or streets.
Above-ground tanks used to store hazardous, chemical or explosive materials may remain unscreened
upon determination by the director of public safety that a threat to security and public safety may result
from screening such tank(s)from view.
Screening shall consist of either: densely planted trees and shrubs at least four(4)feet in height at the
time of installation and of an evergreen variety that shall form a year round visual barrier and shall reach
a minimum height of six(6)feet at maturity; or an opaque wood, masonry,brick or similarly constructed
fence, wall or barrier.Where a fence, wall or similar type barrier is used, construction materials, finish
and colors shall be of uniform appearance. All screening shall be maintained in good condition.Where
appropriate,a landscaped berm may be used in place of a fence,wall or trees
Installation of a fence or other barrier requires application to the City of Atlantic Beach and an approved
permit.
This letter requests that the noted violation(s) be corrected by screening around the dumpster within ten
10)days of the receipt of this notice.
Agenda Item #5.A.
07 Jul 2022
Page 133 of 154
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,
Al'f (,e_ 7(X1 hereby swear and affirm that the above statement is true and
accurate.
S. cer , II
irt • ' SP
Angela Iriza a
CODE ENF C CEMENT
Agenda Item #5.A.
07 Jul 2022
Page 134 of 154
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07 Jul 2022
Page 135 of 154
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Agenda Item #5.A.
07 Jul 2022
Page 136 of 154
CODE ENFORCEMENT
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
6/13/2022 Case Number: 21- 188
ERTEL ALEX Certified Mail Return Receipt:
13155 LEATHERLEAF DR S 7013 1710 0002 1691 8946
JACKSONVILLE, FL 32225
Property Address: 1985 MAYPORT ROAD
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 7,2022 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 1985
MAYPORT RD, 19-16 17-2S-29E .23 DONNERS R/P PT BLOCK 23 RECD O/R 19714-2093 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. VIOLATION CODE(S): Sec. 24-160. Dumpsters, garbage containers and refuse collection areas and
above ground tanks. (b) Within commercial, industrial and multi-family zoning districts, dumpsters,
trash receptacles, above-ground tanks and similar structures and containers shall be screened from
view by fencing or landscaping,or shall be located so that these are not visible from adjacent properties
or streets. Above-ground tanks used to store hazardous, chemical or explosive materials may remain
unscreened upon determination by the director of public safety that a threat to security and public
safety may result from screening such tank(s) from view.
Screening shall consist of either: densely planted trees and shrubs at least four (4)feet in height at the
time of installation and of an evergreen variety that shall form a year round visual barrier and shall
reach a minimum height of six (6) feet at maturity; or an opaque wood, masonry, brick or similarly
constructed fence, wall or barrier. Where a fence, wall or similar type barrier is used, construction
materials, finish and colors shall be of uniform appearance. All screening shall be maintained in good
condition. Where appropriate, a landscaped berm may be used in place of a fence, wall or trees
Installation of a fence or other barrier requires application to the City of Atlantic Beach and an
approved permit.
STATEMENT OF CODE ENFORCEMENT OFFICER: A green Waste Management dumpster is in
the front parking of the building and is not screened in accordance with code or with an approved screening
structure. The Respondent was cited for the dumpster being unscreened. Since receipt of the certified
letter on May 27th, a partial screening fence has been installed without a permit.
Page 1of2
Agenda Item #5.A.
07 Jul 2022
Page 137 of 154
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.
1--)c)I, 8af hereby swear and affirm that the above statement
Code Enforce 4 - 't Officer, City •f Atlani'c Beach
ATTEST:
Vanessa Angers, Records Clerk
Page 2 of 2
Agenda Item #5.A.
07 Jul 2022
Page 138 of 154
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Agenda Item #5.A.
07 Jul 2022
Page 139 of 154
Page 140 of 154
Case Details City of Atlantic Beach Case Number 22‐008 Printed: Tuesday, 05 July, 2022 1of 2 Description: Fence Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: STOP WORK ORDER Opened: 1/25/2022 Closed: Last Action: 6/13/2022 Fllw Up: 6/17/2022 Site Address: 346 SARGO RD ATLANTIC BEACH, FL 32233 Site APN: 171686 0000 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES STOP WORK ORDER POST Angela Irizarry 1/25/2022 1/25/2022 NOV REG Angela Irizarry 4/4/2022 4/4/2022 NOV CERT Angela Irizarry 4/20/2022 4/20/2022 NOV CERT Angela Irizarry 5/9/2022 5/9/2022 CMRR RECEIVED W/SIGNATURE Angela Irizarry 5/19/2022 5/19/2022 NOH LTR Angela Irizarry 6/13/2022 6/13/2022 CMRR STATUS UPDATE Angela Irizarry 6/15/2022 6/15/2022 NOH Delivered on 6/15/2022 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER GLAVIN THOMAS 1158 WOOD DUCK HOLLOW Agenda Item #5.B.07 Jul 2022
Page 141 of 154
Case Details City of Atlantic Beach Case Number 22‐008 Printed: Tuesday, 05 July, 2022 2of 2 JACKSONVILLE, FL 32259 PRIOR OWNER ROOS EUGENE A 346 SARGO RD ATLANTIC BEACH, FL 32233‐3814 FINANCIAL INFORMATION INSPECTIONS INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI 1/25/2022 1/25/2022 VIOLATION FOUND 6 ft privacy fence being installed with no permit REINSPECTION AI 2/7/2022 4/4/2022 VIOLATION CONTINUES REINSPECTION AI 4/18/2022 5/9/2022 VIOLATION CONTINUES Certified mail number is not showing up. Resending . VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKSNOTES FENCES NO PERMIT Angela Irizarry 4/4/2022 Sec. 24‐157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit is required for any new or replacement fence or wall and all new or replacement fences and walls shall comply with the following provisions. Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may be used interchangeably within this chapter, and shall mean as specifically defined within section 24‐17. Fences must be constructed out of materials that are customarily used for fences. Agenda Item #5.B.07 Jul 2022
Page 142 of 154
Agenda Item #5.B.
07 Jul 2022
Page 143 of 154
Agenda Item #5.B.
07 Jul 2022
Page 144 of 154
S '''`lr CITY OF ATLANTIC BEACH
P'4,,
iiir800
SEMINOLE ROAD
s}ATLANTIC BEACH, FL 32233
PHONE (904) 247-5800
4/4/2022
GLAVIN THOMAS
1158 WOOD DUCK HOLLOW
JACKSONVILLE, FL 32259
Real Estate Number: 171686 0000 Case Number: 22-008
Location of Violation: 346 SARGO RD, 31-16 17-2S-29E R/P OF PT OF ROYAL PALMS UNIT 2 A LOT 18
BLK 24 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 346 SARGO RD was conducted on 4/4/2022. 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. 24-157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit
is required for any new or replacement fence or wall and all new or replacement fences and walls shall comply
with the following provisions. Nonconforming fences shall not be replaced with nonconforming fences. The term
fence and wall may be used interchangeably within this chapter, and shall mean as specifically defined within
section 24-17. Fences must be constructed out of materials that are customarily used for fences.
NATURE OF VIOLATION: A wooden fence has been partially installed on the property with no permit. A
stop work order was posted on 1/25/2022 but to date no application has been received for the fence.
This letter requests that the noted violation(s) be corrected by obtaining a valid fence permit application or
removing the fence 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, la 1-----e_Q Ic i , hereby swear and affirm that the above statement is true and
accurate.
S
N %. ...... ..„,„
Angela Iri
CODE ENFO-EMENT
Agenda Item #5.B.
07 Jul 2022
Page 145 of 154
rs " CITY OF ATLANTIC BEACH
J t `? 800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
PHONE (904) 247-5800
0111 t? CERTIFIED RETURN RECEIPT
7013 1710 0002 1691 9295
4/20/2022
GLAVIN THOMAS
1158 WOOD DUCK HOLLOW
JACKSONVILLE, FL 32259
Real Estate Number: 171686 0000 Case Number: 22-008
Location of Violation: 346 SARGO RD, 31-16 17-2S-29E R/P OF PT OF ROYAL PALMS UNIT 2 A LOT 18
BLK 24 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 346 SARGO RD was conducted on 1/25/2022, 4/4/2022 & 4/19/2022. 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. 24-157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit
is required for any new or replacement fence or wall and all new or replacement fences and walls shall comply
with the following provisions.Nonconforming fences shall not be replaced with nonconforming fences. The term
fence and wall may be used interchangeably within this chapter, and shall mean as specifically defined within
section 24-17. Fences must be constructed out of materials that are customarily used for fences.
NATURE OF VIOLATION: A wooden fence has been installed on the property with no permit. A stop work
order was posted on 1/25/2022 but to date no application has been received for the fence.
This letter requests that the noted violation(s) be corrected by obtaining a valid fence permit application or
removing the fence 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 will result in
this case being referred to the Code Enforcement Special Magistrate at the next regularly scheduled hearing
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, fre'a. Z tiT'.. , hereby swear and affirm that the above statement is true and
accurate.
aerely,
CODE ENFORC MENT
Agenda Item #5.B.
07 Jul 2022
Page 146 of 154
s L'jrfr, CITY OF ATLANTIC BEACH
J 1 800 SEMINOLE ROAD
0 ATLANTIC BEACH, FL 32233
15 xvall.,-.. ti
PHONE (904) 247-5800
Ili
CERTIFIED RETURN RECEIPT
7013 1710 0002 1691 9318
5/9/2022
GLAVIN THOMAS
1158 WOOD DUCK HOLLOW
JACKSONVILLE, FL 32259
Real Estate Number: 171686 0000 Case Number: 22-008
Location of Violation: 346 SARGO RD, 31-16 17-2S-29E R/P OF PT OF ROYAL PALMS UNIT 2 A LOT 18
BLK 24 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 346 SARGO RD was conducted on 1/25/2022, 4/4/2022 & 5/9/2022. 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. 24-157. Fences,walls and similar structures. (a)Permit required. Issuance of a permit
is required for any new or replacement fence or wall and all new or replacement fences and walls shall comply
with the following provisions.Nonconforming fences shall not be replaced with nonconforming fences. The term
fence and wall may be used interchangeably within this chapter, and shall mean as specifically defined within
section 24-17. Fences must be constructed out of materials that are customarily used for fences.
NATURE OF VIOLATION: A wooden fence has been installed on the property with no permit. A stop work
order was posted on 1/25/2022 but to date no application has been received for the fence.
This letter requests that the noted violation(s) be corrected by obtaining a valid fence permit application or
removing the fence 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 will result in
this case being referred to the Code Enforcement Special Magistrate at the next regularly scheduled hearing
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, Nol., (., v-Mr( `'1 hereby swear and affirm that the above statement is true and
accurate..
inc ely,
IVe
e k--f--
Angela Iri
CODE ENFORCEMENT
Agenda Item #5.B.
07 Jul 2022
Page 147 of 154
ENDER: COMPLETE THIS SECTIONK. r• a rc• .»nid:
Complete items 1,2,and 3. A. Signature
Print your name and address on the reverse
Agent
so that we can return the card to you.
ser
Attach this card to the back of the mailpiece,
vend by rinted Nam) /
I
C. Date ofAddresDeliven
or on the front if space permits. t"ll `i MICCl/6d
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
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If YES,enter delivery address below: 0 No
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II I I II IIII 1111111111111111111 11111 0
Adice
Type
ult/Signature Restricted Delivery 0 R:.istere6Wtei1TA:'
Certified Mail® r-
9590 9402 5982 0062 6074 98 0 Certified Mail Restricted Delivery R.Oro, r
Collect on Delivery
a. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 SI• ,;._! ••
7013 171 D .DDD 2 1691 9318 4estncted Delivery Re tic
DC C..rn,aP1 1 i.d.,oni G Dem•s=an nnnnn nnco Agenda Item #5.B.07 Jul 2022Page 148 of 154
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Agenda Item #5.B.
07 Jul 2022
Page 149 of 154
kip CODE ENFORCEMENT
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
6/13/2022 Case Number: 22-008
GLAVIN THOMAS Certified Mail Return Receipt:
1158 WOOD DUCK HOLLOW 7013 1710 0002 1691 9257
JACKSONVILLE, FL 32259
Property Address: 346 SARGO 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 July 7, 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 346 SARGO
RD, 31-16 17-2S-29E R/P OF PT OF ROYAL PALMS UNIT 2 A LOT 18 BLK 24 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. VIOLATION CODE(S): Sec. 24-157. Fences, walls and similar structures. (a) Permit required.
Issuance of a permit is required for any new or replacement fence or wall and all new or replacement
fences and walls shall comply with the following provisions. Nonconforming fences shall not be
replaced with nonconforming fences. The term fence and wall may be used interchangeably within
this chapter, and shall mean as specifically defined within section 24-17. Fences must be constructed
out of materials that are customarily used for fences.
STATEMENT OF CODE ENFORCEMENT OFFICER: A wooden fence has been partially installed
on the property with no permit. A stop work order was posted on 1/25/2022 but to date no application has
been received for the fence.
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 #5.B.
07 Jul 2022
Page 150 of 154
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, NIL _,I, Z.urr hereby swear and affirm that the above statement
is curate.
1/4 0 /
drupA_----
r__e. Irizarry
Code Enforce
itli
t Officer, Cityantic Beach
ATTEST:
4'
Vanessa Angers, Records Clerk
Page 2 of 2
Agenda Item #5.B.
07 Jul 2022
Page 151 of 154
1 D •: COM•L E HIS S C ION arac.7 .:x v :•
Complete items 1,2,and 3. A. Si ture
Print your name and address on the reverse
Agent
so that we can return the card to you. 0 Addressee
II Attach this card to the back of the mailpiece,
ceived by rinted Name) C. Date of Deliver)
or on the front if space permits. Ern(ly N,L t Yyd
I. Article Addressed to: Is delivery address different from item 1? 0 Yes
If YES,enter delivery address below: 0 No
71kowlitS eiLkVIN
l keg ViDOct Duck +11>ilcui
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cE 2Z-cX
II I IIIIII III 11111( 111111III'I I II 3 11111I I I
3. Service Type Priority Mail
ail '
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Adult Signature 0 Registered
Express®
adult Signature Restricted Delivery 0 Registered Mail Restrict,
Certified Mail® Delivery
9590 9402 5982 0062 6074 43 Certified Mail Restricted Delivery 0 Return Receipt for
Collect on Delivery Merchandise
Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation'.
Insured Mail 0 Signature Confirmation
013 1710 0002 16 91 9257 Insured Mail Restricted Delivery Restricted Delivery
over$500)
c C......"v:111 I.d..OM ek 17con_nn_nnn en=q n....,e..o...,..,o.....:..Agenda Item #5.B.07 Jul 2022Page 152 of 154
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Delivered, Left with Individual
SAINT JOHNS, FL 32259
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June 15, 2022, 1:49 am
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Agenda Item #5.B.
07 Jul 2022
Page 153 of 154
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Agenda Item #5.B.
07 Jul 2022
Page 154 of 154