1-4-24 CESM Agenda
City of Atlantic Beach
Agenda
Code Enforcement Special Magistrate Meeting
Thursday, January 4, 2024 - 2:00 p.m.
Commission Chamber
800 Seminole Road, FL 32233
Page(s)
1. CALL TO ORDER
2. APPROVAL OF MINUTES 2.A. Approve minutes of the November 2, 2023 regular meeting of the Special
Magistrate meeting.
11-2-23 Code Enforcement Special Magistrate Draft Minutes
3 - 4
3. ADMINISTRATION OF OATH
4. OLD BUSINESS
4.A.
CASE # 23-038
NAME: WILLIAMS ROBERT JOSEPH JR
ADDRESS: 67 CORAL ST
CE 67 Coral St Case #23-038
Case Details 23-038
5 - 43
4.B.
CASE # 23-051
NAME: 1411 HIBISCUS ST LLC
ADDRESS: 1411 HIBISCUS ST
CE 1411 Hibiscus St Case #23-051
Case Details 23-051
45 - 86
5. NEW BUSINESS
6. ADJOURNMENT
* 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.
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 record
of the proceedings is made, including the testimony and evidence upon which the appeal is to
Page 1 of 86
Code Enforcement Special Magistrate - 04 Jan 2024
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 86
Code Enforcement Special Magistrate
November 2, 2023
MINUTES
Code Enforcement Special Magistrate Meeting
Thursday, November 2, 2023 - 2:00 PM
Commission Chamber
Present: Suzanne Green, Special Magistrate
Angela Irizarry, Code Enforcement Officer
Ladayija Nichols, Deputy City Clerk (DCC)
1. CALL TO ORDER
Magistrate Green called the meeting to order at 2:02 P.M.
2. APPROVAL OF MINUTES
A. Approve minutes of the 9-7-23 regular meeting of the Special Magistrate meeting.
The minutes were approved as submitted.
3. ADMINISTRATION OF OATH
Magistrate Green administered the Oath to the attendees, staff and respondents.
4. OLD BUSINESS
A. CASE # 23-038
NAME: ROBERT JOSEPH WILLIAMS
ADDRESS: 67 CORAL ST
Testified: CE Officer Irirzarry
Respondent: Robert Williams was present.
Action: The Respondent shall provide written documentation to the City of Atlantic
Beach showing a contract and commencement of repairs on or before seven (7) days
from the date of this Order. If the Respondent fails to comply by that date, the
Respondent is fined $100.00 per day commencing seven (7) days from the date of this
Order.
5. NEW BUSINESS
A. CASE # 23-088
NAME: 1400 MAYPORT ROAD LLC
ADDRESS: 1400 MAYPORT RD
Testified: CE Officer Irirzarry
Page 1 of 2
Agenda Item #2.A.04 Jan 2024
Page 3 of 86
Code Enforcement Special Magistrate
November 2, 2023
Respondent: 1400 Mayport Rd. LLC, Property owner Kirt Lynch was present.
Action: The Respondent shall bring the Property into compliance by Friday, November
17, 2023 or a fine of $100.00 per day shall be imposed until compliance occurs.
4. OLD BUSINESS
B. CASE # 23-051
NAME: 1411 HIBISCUS ST LLC
ADDRESS: 1411 HIBISCUS ST
Testified: CE Officer Irirzarry
Respondent: 1411 Hibiscus St LLC was not present.
Action: The Respondent shall have the Property free of violations by the end of
December 2023.
6. ADJOURNMENT
The meeting adjourned at 2:30 p.m.
Attest:
Date Approved:________________
Suzanne Green, Special Magistrate Ladayija Nichols, Deputy City Clerk
Page 2 of 2
Agenda Item #2.A.04 Jan 2024
Page 4 of 86
Agenda Item #4.A.04 Jan 2024
Page 5 of 86
Agenda Item #4.A.04 Jan 2024
Page 6 of 86
0L-An-rer CITY OF ATLANTIC BEACH
Jl
800 SEMINOLE ROAD
hIP ATLANTIC BEACH,FL 32233
PHONE (904) 247-5800
2/ 16/2023
WILLIAMS ROBERT JOSEPH JR
67 CORAL ST
ATLANTIC BEACH, FL 32233-5815
Real Estate Number: 169595 0000 Case Number: 23-038
Location of Violation: 67 CORAL ST, 15-82 09-2S-29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18
BLK 8 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 ofAtlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16.
A code enforcement inspection at 67 CORAL ST was conducted on 2/15/2023. The City of Atlantic Beach Code
Enforcement has found your property to be in violation ofthe City of Atlantic Beach Code of Ordinances:
NATURE OF VIOLATION: There is missing siding and rotten areas of wood on the home. The porch on the
west side ofthe house is collapsing.
APPLICABLE CODES:
IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes,breaks, and loose or rotting materials;
and maintained weatherproof and properly surface coated where required to prevent deterioration.
IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound,tight and not have defects that admit rain.
Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion ofthe
structure. Roof drains,gutters and downspouts shall be maintained in good repair and free from obstructions.
Roof water shall not be discharged in a manner that creates a public nuisance.
This letter requests that the noted violation(s) be corrected by repairing all areas of the home within thirty
30)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 ifyou have any questions or need additional information.
I, kn5e\O it 1.,1 ( , hereby swear and affirm that the above statement is true and
rate.
1 ,
1 "
g- a '
V'
CODE EN~•RCEMENT 4
Agenda Item #4.A.04 Jan 2024
Page 7 of 86
r'el• CITY OF ATLANTIC BEACH401:10- e
800 SEMINOLE ROAD
ATLANTIC BEACH,FL 32233
PHONE (904) 247-5800
r,JJt1 POSTED ON PROPERTYAND
ATLANTIC BEACH CITY HALL
5/26/2023
WILLIAMS ROBERT JOSEPH JR
67 CORAL ST
ATLANTIC BEACH,FL 32233-5815
Real Estate Number: 169595 0000 Case Number: 23-038
Location of Violation: 67 CORAL ST, 15-82 09-2S-29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18
BLK 8 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 ofAtlantic Beach Code of Ordinances in Chapter 6,Article II, Section 6-16.
A code enforcement inspection at 67 CORAL ST was conducted on 5/26/2023. 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: There is missing siding and rotten areas of wood on the home. The porch on the
west side of the house is collapsing.
APPLICABLE CODES:
IPMC Sec. 304.6 Exterior walls.All exterior walls shall be free from holes,breaks,and loose or rotting materials;
and maintained weatherproof and properly surface coated where required to prevent deterioration.
IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound,tight and not have defects that admit rain.
Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the
structure. Roof drains,gutters and downspouts shall be maintained in good repair and free from obstructions.
Roof water shall not be discharged in a manner that creates a public nuisance.
This letter requests that the noted violation(s) be corrected by repairing all areas of the home within fifteen
15)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 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 ifyou have any questions or need additional information.
vi(, I k Z. 1/ ' hereby swear and affirm that the above statement is true and
accu :te.
Sin.-r; ,
tti4la Irizarry K
CODE ENFORCE . NT
Agenda Item #4.A.04 Jan 2024
Page 8 of 86
CODE ENFORCEMENT
4&CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
6/26/2023 Case Number: 23-038
WILLIAMS ROBERT JOSEPH JR POSTED ON PROPERTY AND
67 CORAL ST ATLANTIC BEACH CITY HALL
ATLANTIC BEACH, FL 32233-5815
Property Address: 67 CORAL
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing ofthe Code Enforcement Special
Magistrate on July 6, 2023 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 67 CORAL
ST, 15-82 09-2S-29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18 BLK 8 Atlantic Beach,
Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida
Building Code as part ofthe City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section
6-16.
International Property Maintenance Code/City Code of Ordinances
IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes,breaks,and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to prevent
deterioration.
IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that
admit rain.Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and
free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance
STATEMENT OF CODE ENFORCEMENT OFFICER: There is missing siding and rotten areas of
wood on the home. The porch on the west side ofthe house is collapsing.
Ifthe violation is corrected and then recurs or ifthe violation was not corrected by the time specified for
correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may
be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior
to the hearing.
You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If
you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact
the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the
presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be
secured at your expense.
Page 1 of 2
Agenda Item #4.A.04 Jan 2024
Page 9 of 86
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner First Class and Certified Mail Return Receipt
Requested: 7022 2410 0000 9397 1414
vs.
Property Address: 67 CORAL ROAD
WILLIAMS ROBERT JOSEPH, JR. Atlantic Beach, FL 32233
67 Coral St
Atlantic Beach, Florida 32233-5815
Respondent.
CASE NUMBER: 23-038
REAL ESTATE NUMBER: 169595-0000LEGALDESCRIPTION: 15-8209-2S-29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18
BLK ATLANTIC BEACH,FLORIDA
ORDER ON CASE No.23-038
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on July 6,2023, and the Special Magistrate having heard testimony under oath, received evidence, and heard
arguments respective to all appropriate matters, issues findings offact,conclusions oflaw, and orders
as follows:
FINDINGS OF FACT
1. The Respondent is the owner of the property located at 67 Coral Street, Atlantic Beach,
Florida 32233 ("the Property"). Proper notice of the hearing posted on the Property and at
City Hall in Atlantic Beach, FL. The Respondent appeared at the hearing.
2. The violations cited were for Violations of IPMC Sec 304.6 Exterior walls having holes,
breaks,loose or rotting materials. Additionally, for violations of IPMC Sec 304.7 for roof and
flashing being in disrepair and deteriorated. The City of Atlantic Beach presented
photographs and evidence of neighbors' complaints.
3. The Respondent stated he is aware of the needed repairs and will meet with the City of
Atlantic Beach, FL forthwith.
Agenda Item #4.A.04 Jan 2024
Page 10 of 86
CONCLUSIONS OF LAW
4. Proper notice was provided to the respondent who appeared at the hearing. The City of
Atlantic beach, Florida presented photographs and documentation of the violations. The
Respondent did not contest the violations except that he wasn't sure if the violations could be
seen from the Street.
5. The Property was properly assessed for the Code violations. The City of Atlantic Beach
provided time for a hearing for the Respondent on the issue of addressing the repairs
immediately with the City of Atlantic Beach to be continued until the September 7, 2023
hearing date.
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:
A. The matter is deferred until the September 7, 2023 Code Enforcement hearing date. If the
Respondent's Property is not in significant compliance by that date, the Respondent is
fined$250.00 per day commencing September 7, 2023.
i
DONE AND ORDERED THIS vi DAY OF JULY,2023.
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
ATTEST:
4
Ladayija Nichols, Deputy City Clerk Suzanne . Green, Special Magistrate
Executed this2-1!day of JULY, 2023.
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.04 Jan 2024
Page 11 of 86
8/l/2023
CODE ENFORCEMENT
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
WILLIAMS ROBERT JOSEPH JR
67 CORAL ST
ATLANTIC BEACH, FL 32233
Dear Respondent:
Case Number: 23-038
Certified Mail Return Receipt:
7013 1710 0002 1691 9813
Property Address: 67 CORAL ST
ATLANTIC BEACH, FL
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special
Magistrate on September 7a', 2023 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 67
CORAL ST, 15-82 09 -2S -29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18 BLK 8 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(S):
IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to prevent
deterioration.
IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that
admit rain. Roofdrainage shall be adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and
free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
STATEMENT OF CODE ENFORCEMENT OFFICER: This case was heard at the 7/6/2023 and a
final order was entered requiring Respondent to come into significant compliance before the next hearing.
Case was deferred for a follow up on 9/7/2023.
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.
Page 1 of 2
Agenda Item #4.A.04 Jan 2024
Page 12 of 86
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, 1—' , hereby swear and affirm that the above statement
aan ccurate.
Y eriz
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
Ladayija Nichols, Deputy City Clerk
Page 2 of 2
Agenda Item #4.A.04 Jan 2024
Page 13 of 86
CODE ENFORCEMENT
c,
tCITY
OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING POSTED ON PROPERTY AND
ATLANTIC EACH ITY HALL
t h' DATE: c.9.
8/1/2023 Case Number: 23-038
WILLIAMS ROBERT JOSEPH JR Certified Mail Return Receipt:
67 CORAL ST 7013 1710 0002 1691 9813
ATLANTIC BEACH, FL 32233
Property Address: 67 CORAL ST
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing ofthe Code Enforcement Special
Magistrate on September 7'h, 2023 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 67
CORAL ST, 15-82 09-2S-29E OCEAN GROVE UNIT NO 1 SID PT LOT 7 LOT 18 BLK 8 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 I City Code ofOrdinances
VIOLATION CODE(S):
IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes,breaks,and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to prevent
deterioration.
IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound,tight and not have defects that
admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and
free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
STATEMENT OF CODE ENFORCEMENT OFFICER: This case was heard at the 7/6/2023 and a
final order was entered requiring Respondent to come into significant compliance before the next hearing.
Case was deferred for a follow up on 9/7/2023.
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.
Page 1 of 2
Agenda Item #4.A.04 Jan 2024
Page 14 of 86
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 ifyou 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 .e`c[2 slif hereby swear and affirm that the above statement
aa
ndccurate.
uQ-
c-- .
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
IfF-V-L,:--, /i .
Ladayija Nichols, Deputy City Clerk
Page 2 of 2
Agenda Item #4.A.04 Jan 2024
Page 15 of 86
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Agenda Item #4.A.04 Jan 2024
Page 16 of 86
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner
vs.
WILLIAMS ROBERT JOSEPH, JR.
67 Coral St
Atlantic Beach, Florida 32233-5815
Respondent.
First Class and Certified Mail Return Receipt
Requested: 7022 2410 0000 9340 7111
Property Address: 67 CORAL ROAD
Atlantic Beach, FL 32233
CASE NUMBER: 23-038
REAL ESTATE NUMBER: 169595-0000
LEGAL DESCRIPTION: 15-82 09 -2S -29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18
BLK 8 ATLANTIC BEACH, FLORIDA
ORDER ON CASE NO. 23-038
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on September
7, 2023, and the Special Magistrate having heard testimony under oath, received evidence, and heard
arguments respective to all appropriate matters, issues findings of fact, conclusions oflaw, and orders
as follows:
FINDINGS OF FACT
1. The Respondent is the owner of the property located at 67 Coral Street, Atlantic Beach,
Florida 32233 ("the Property"). Proper notice of the hearing posted on the Property and at
City Hall in Atlantic Beach, FL. The Respondent appeared at the hearing.
2. The violations cited were for Violations of IPMC Sec 304.6 Exterior walls having holes,
breaks, loose or rotting materials. Additionally, for violations of IPMC Sec 304.7 for roof and
flashing being in disrepair and deteriorated. The City of Atlantic Beach presented
photographs and evidence of neighbors' complaints.
3. The Respondent stated he is aware of the needed repairs and will meet with the City of
Atlantic Beach, FL forthwith. The Respondent appeared at the July 6, 2023 hearing and was
ordered to come into significant compliance. The City ofAtlantic Beach and the Respondent
both stated that no permit applications have been applied for and no repairs have been
completed.
Agenda Item #4.A.04 Jan 2024
Page 17 of 86
4. In the July 6, 2023 Order, the Respondent was fined $250 per day commencing September 7,
2023. The Respondent stated that he was attempting to hire contractors and obtain financing
for the repairs.
CONCLUSIONS OF LAW
Proper notice was provided to the respondent who appeared at the hearing. The City of
Atlantic beach, Florida presented photographs and documentation of the violations. The
Respondent did not contest the violations and further stated he was attempting to obtain
financing and contractors.
6. The Property was properly assessed for the Code violations. The City of Atlantic Beach
provided time for two (2) hearings for the Respondent on the issue of addressing the repairs
immediately with the City of Atlantic Beach.
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:
A. The Respondent shall provide written documentation to the City of Atlantic Beach
showing a contract and commencement of repairs on or before September 14, 2023. If the
Respondent fails to comply by that date, the Respondent is fined $250.00 per day
commencing September 15, 2023.
ITVA
DONE AND ORDERED THIS DAY OF SEPTEMBER, 2023.
ATTEST:
r
Ladayija Nichols, Deputy City Clerk
Executed this' day of September, 2023.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
Vv
Suzan e W. Green, Special Magistrate
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.
Agenda Item #4.A.04 Jan 2024
Page 18 of 86
Irizarry,Angela
From: Robert Williams <joeycoma1962@icloud.com>
Sent: Friday, September 15, 2023 5:52 PM
To:Irizarry,Angela
Subject: Fwd: New Roof Estimate
Attachments: Estimate - 67 Coral St.pdf;ATT00001.htm
Sent from my iPhone
Begin forwarded message:
From: "Pimentel Roofmg, Inc." <pimentelroofmg@gmail.com>
Date: September 14, 2023 at 7:42:45 AM EDT
To:joeycoma1962@icloud.com
Subject: New Roof Estimate
Attached
Thanks,
Ray Pimentel
Pimentel Roofmg, Inc.,
1
Agenda Item #4.A.04 Jan 2024
Page 19 of 86
A#ach n-k- -amu est ct_caect Q)(S )23
Estimate
PIM£NTEL ROOFING INC.,
50yrkExperCence,67 CORAL ST
CCC1330935 DATE: 9/14/2023
EXPIRATION DATE 45 DAYS
SUBMITTED TO:
Joey Williams
67 Coral St.
Atlantic Bch, FL 32233
Joeycoma1962@icloud.com
SUBMITTED BY JOB SITE DEPOSIT REQUIRED BALANCE DUE
R.P.67 Coral St 50% to start Upon Completion
TYPE DESCRIPTION I LABOR/MATERIALS
Remove old shingle roof, repair wood rot at additional cost*
Complete re-nail sheathing, install S.A. underlayment, 6" eave drip
Re-Roof metal, plumbing boots, roof vents, Architectural shingles,
and ridge cap
Labor and Materials 13,500
any additional cost for wood will be added onto final payment
ALL TRASH AND DEBRIS WILL BE REMOVED BY PIMENTEL ROOFING, INC., AND JOB SITE LEFT CLEAN. WORKMANSHIP
HOLDS A 5YR GUARANTEE AND MATERIALS CARRY THE MANUFACTURERS WARRANTY.
NOT RESPONSIBLE FOR A.C., PLUMBING OR ELECTRICAL WIRING IN CLOSE PROXIMITY TO THE ROOF SHEETING. ANY
ALTERATION OR DEVIATION FROM THE ABOVE SPECIFICATIONS INVOLVING EXTRA COST, WILL BE EXECUTED ONLY UPON
WRITTEN ORDERS AND WILL BECOME AN EXTRA CHARGE OVER THE ESTIMATE. ALL AGREEMENTS CONTINGENT UPON
STRIKE, ACCIDENTS OR DELAYS BEYOND OUR CONTROL. OWNER TO CARRY FIRE,TORNADO AND OTHER INSURANCE UPON
WORK. WORKMANS COMPENSATION AND PUBLIC LIABILITY INSURANCE ON THE ABOVE TO BE TAKEN OUT BY PIMENTEL
ROOFING, INC.
ACCEPTED BY: DATE
402 SAINT AUGUSTINE BLVD., JACKSONVILLE BEACH, FL 32250
904-591-5498
pimentelroofing®gmail.com
THANK YOU FOR YOUR BUSINESS!
Agenda Item #4.A.04 Jan 2024
Page 20 of 86
Irizarry,Angela
From: Irizarry,Angela
Sent: Monday, September 18, 2023 9:12 AM
To:Robert Williams'
Subject: RE: New Roof Estimate
Did you accept the bid?When are they starting?
From: Robert Williams[mailto:joeycoma1962@icloud.com]
Sent: Friday,September 15,2023 5:52 PM
To: Irizarry,Angela<alrizarry@coab.us>
Subject Fwd: New Roof Estimate
Sent from my iPhone
Begin forwarded message:
From: "Pimentel Roofmg, Inc." <pimentelroofing@gmail.corn>
Date: September 14, 2023 at 7:42:45 AM EDT
To:joeycoma1962@icloud.com
Subject: New Roof Estimate
Attached
Thanks,
Ray Pimentel
Pimentel Roofmg, Inc.,
1
Agenda Item #4.A.04 Jan 2024
Page 21 of 86
10/16/2023
CODE ENFORCEMENT
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
WILLIAMS ROBERT JOSEPH JR
67 CORAL ST
ATLANTIC BEACH, FL 32233
Dear Respondent:
Case Number: 23-038
Certified Mail Return Receipt:
7013 1710 0002 1691 9868
Property Address: 67 CORAL ST
ATLANTIC BEACH, FL
You are hereby notified and ordered to appear at the next public hearing ofthe Code Enforcement Special
Magistrate on November 2, 2023 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 67
CORAL ST, 15-82 09 -2S -29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18 BLK 8 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(S):
IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to prevent
deterioration.
IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that
admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and
free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
STATEMENT OF CODE ENFORCEMENT OFFICER: This case was heard at the 9/7/2023 hearing
and a final order was entered requiring Respondent to show a contract and commencement of repairs on
or before September 14, 2023. Respondent emailed one roof estimate on 9/15/2023. As of today,
10/16/2023, no permit applications have been submitted to begin any repairs 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 ifthe violation has been corrected prior
to the hearing.
Page 1 of 2
Agenda Item #4.A.04 Jan 2024
Page 22 of 86
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, n CA' MV—` , hereby swear and affirm that the above statement
is t d4ccurate.
la
Angela Irizarry
Code Enforcement Officer, i y of Atlantic Beach
ATTEST:
Ladayija Nichols, Deputy City Clerk
Page 2 of 2
Agenda Item #4.A.04 Jan 2024
Page 23 of 86
CODE ENFORCEMENT411
alt CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING POSTED ON PROPERTY AND
ATLANTI BEAC ITY HALL
10/16/2023 Case Number: 23-038 DATE:
WILLIAMS ROBERT JOSEPH JR Certified Mail Return Receipt:
67 CORAL ST 7013 1710 0002 1691 9868
ATLANTIC BEACH, FL 32233
Property Address: 67 CORAL ST
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing ofthe Code Enforcement Special
Magistrate on November 2, 2023 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 67
CORAL ST, 15-82 09-2S-29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18 BLK 8 Atlantic
Beach, Florida. The City ofAtlantic Beach adopted the International Property Maintenance Code and the
Florida Building Code as part ofthe City ofAtlantic Beach Code of Ordinances in Chapter 6, Article II,Section 6-16.
International Property Maintenance Code/City Code of Ordinances
VIOLATION CODE(S):
IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes,breaks,and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to preventdeterioration.
IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that
admit rain. Roofdrainage shall be adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and
free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
STATEMENT OF CODE ENFORCEMENT OFFICER: This case was heard at the 9/ 7/2023 hearingandafinalorderwasenteredrequiringRespondenttoshowacontractandcommencementofrepairson
or before September 14, 2023. Respondent emailed one roof estimate on 9/15/2023. As of today,10/16/2023, no permit applications have been submitted to begin any repairs on the property.
If the violation is corrected and then recurs or ifthe 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 maybepresentedtotheCodeEnforcementSpecialMagistrateeveniftheviolationhasbeencorrectedpriortothehearing.
Page 1 of 2
Agenda Item #4.A.04 Jan 2024
Page 24 of 86
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 ofa court reporter for the purpose ofinsuring a verbatim record in the event an appeal should be
secured at your expense.
I, Pn5etc, k Zell sweaz`'( hereby and affirm that the above statement
is t curate.
Angela Irizarry
Code Enforcement Officer, i y of Atlantic Beach
ATTEST:
711
Ladayija Nichols, Deputy City Clerk
Page 2 of 2
Agenda Item #4.A.04 Jan 2024
Page 25 of 86
Agenda Item #4.A.04 Jan 2024
Page 26 of 86
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner
vs.
WILLIAMS ROBERT JOSEPH, JR.
67 Coral St
Atlantic Beach, Florida 32233-5815
Respondent.
First Class and Certified Mail Return Receipt
Requested: 7022 2410 0000 9340 7135
Property Address: 67 CORAL ROAD
Atlantic Beach, FL 32233
CASE NUMBER: 23-038
REAL ESTATE NUMBER: 169595-0000
LEGAL DESCRIPTION: 15-82 09 -2S -29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18
BLK 8 ATLANTIC BEACH, FLORIDA
ORDER ON CASE NO. 23-038
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on November
2, 2023, and the Special Magistrate having heard testimony under oath, received evidence, and heard
arguments respective to all appropriate matters, issues findings offact, conclusions oflaw, and orders
as follows:
FINDINGS OF FACT
The Respondent is the owner of the property located at 67 Coral Street, Atlantic Beach,
Florida 32233 ("the Property"). Proper notice of the hearing posted on the Property and at
City Hall in Atlantic Beach, FL. The Respondent appeared at the hearing.
2. The previous and ongoing violations cited were for Violations of IPMC Sec 304.6 Exterior
walls having holes, breaks, loose or rotting materials. Additionally, for violations of IPMC
Sec 304.7 for roof and flashing being in disrepair and deteriorated. The City ofAtlantic Beach
presented photographs and evidence of neighbors' complaints.
3. The Respondent stated he is aware of the needed repairs. The Respondent previously
appeared at the July 6, 2023 hearing and was ordered to come into significant compliance.
As of November 2, 2023, the City of Atlantic Beach and the Respondent both stated that no
permit applications have been applied for and no repairs have been completed. The
Respondent was ordered to be in compliance with a contract and a pulled permit by
September 2023. On September 15, 2023, the City received "an estimate" for repairs, but no
signed contract or permit.
Agenda Item #4.A.04 Jan 2024
Page 27 of 86
4. The Respondent stated he had a neighbor who could do repairs as well. The City of Atlantic
Beach requested a daily fine be imposed.
CONCLUSIONS OF LAW
5. Proper notice was provided to the respondent who appeared at the hearing. The City of
Atlantic Beach, Florida presented photographs and documentation of the violations. The
Respondent did not contest the violations and further stated he was attempting to obtain
financing and contractors.
6. The Property has been properly assessed for the Code violations. The City of Atlantic Beach
provided time for three (3) hearings for the Respondent on the issue of addressing the repairs
immediately with the City of Atlantic Beach.
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:
A. The Respondent shall provide written documentation to the City of Atlantic Beach
showing a contract and commencement of repairs on or before seven (7) days from the
date of this Order. Ifthe Respondent fails to comply by that date, the Respondent is fined
100.00 per day commencing seven (7) days from the date ofthis Order.
nd
DONE AND ORDERED THIS 2 DAY OF NOVEMBER, 2023.
ATTEST:
r
Ladayija Nichols, Deputy City Clerk
t
Executed this day of November, 2023.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
Suzanne A. Green, Special Magistrate
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.04 Jan 2024
Page 28 of 86
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Page 35 of 86
Jr , CODE ENFORCEMENT
ax
4 CITY OF ATLANTIC BEACH, FLORIDA
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Ilk ,Npi NOTICE OF HEARING POSTED ON PROPERTY AND
Nitki'ATLANTIC I
1ACH
CITY HALL
DATE: I O( 0.9,1 .3
12/19/2023 Case Number: 23-038
WILLIAMS ROBERT JOSEPH JR Certified Mail Return Receipt:
67 CORAL ST 7013 1710 0002 1691 0629
ATLANTIC BEACH, FL 32233
Property Address: 67 CORAL ST
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing ofthe Code Enforcement Special
Magistrate on January 4 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 67 CORAL
ST, 15-82 09-2S-29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18 BLK 8 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(S):
IPMC Sec.304.6 Exterior walls.All exterior walls shall be free from holes,breaks,and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to prevent
deterioration.
IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound,tight and not have defects that
admit rain.Roofdrainage shall be adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and
free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
STATEMENT OF CODE ENFORCEMENT OFFICER: At the November 2,2023 magistrate hearing,
the Respondent was ordered to provide written documentation to the City of Atlantic Beach showing a
contract and commencement ofrepairs within 7 days from the date of the order. A roof permit application
was applied for on 11/20/2023. During an inspection on 12/5/2023, it was noted that shingles have been
delivered and the porch on side of the house has been partially demolished. No permits have been
requested to repair the exterior siding.
If the violation is corrected and then recurs or ifthe 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
Page 1 of 2
Agenda Item #4.A.04 Jan 2024
Page 36 of 86
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, R Lc hereby swear and affirm that the above statement
eand cc
rizarry
Code Enforcem t Officer, City o tlantic Beach
ATTEST:
Ladayija Nichols, Deputy City Clerk
Page 2 of 2
Agenda Item #4.A.04 Jan 2024
Page 37 of 86
Page 38 of 86
Case Details City of Atlantic Beach Case Number 23‐038
Printed: Friday, 29 December, 2023
1 of 5 Description: House repairs needed Status: ACTIVE CASE Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 2/7/2023 Closed: Last Action: 12/1/2023 Fllw Up: 12/1/2023 Site Address: 67 CORAL ST ATLANTIC BEACH, FL 32233 Site APN: 169595 0000 Officer: Angela Irizarry Details:
CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES MEETING WITH RESPONDENT Angela Irizarry 10/24/2022 10/24/2022 Met with property owner onsite. We walked around the house together and I pointed out the things that need to be taken care of. The porch on the west side of the house is collapsing and there are areas where the trees are growing into the soffits. He stated that he will talk to a contractor he knows about it. He was very concerned about the birds that are nesting inside the porch. MEETING WITH RESPONDENT Angela Irizarry 11/10/2022 11/10/2022 Stopped by an spoke with Respondent. He said he hadn't spoken with the contractor friend yet and wanted to explore his legal options. I told him I would give him until the end of the month to figure out a plan. MEETING WITH RESPONDENT Angela Irizarry 12/16/2022 12/16/2022 Met with Respondent. He was upset over having to fix the house and said he still wanted to explore his legal options. He told me he met with an attorney. Advised him that I was willing to work with him but that he needed to start on the house repairs. He was again upset about the birds that next inside the porch. Agenda Item #4.A.04 Jan 2024
Page 39 of 86
Case Details City of Atlantic Beach Case Number 23‐038
Printed: Friday, 29 December, 2023
2 of 5 He stated that it was very difficult for him to make changes to the house since his wife passed away and feel like he is being picked on because he lives in an original beach out and hasn't torn it down to build something big and new. NOV REG Angela Irizarry 2/16/2023 2/16/2023 NOV POST Angela Irizarry 5/26/2023 5/26/2023 NOH POST AND AFF Angela Irizarry 6/26/2023 6/26/2023 CEB ORDER Angela Irizarry 7/21/2023 7/21/2023 The matter is deferred until the September 7, 2023 Code Enforcement hearing date. If the Respondent’s Property is not in significant compliance by that date, the Respondent is fined $250.00 per day commencing September 7, 2023. TELEPHONE MESSAGE Angela Irizarry 7/24/2023 7/24/2023 Received voicemail from Mr. Williams stating that he is moving money to make the repairs. NOTICE OF HEARING Angela Irizarry 7/29/2023 8/1/2023 for the 9/7/2023 meeting CMRR STATUS UPDATE Angela Irizarry 8/18/2023 8/28/2023 Notice has not been delivered. Posting NOH NOH POST AND AFF Angela Irizarry 8/28/2023 8/28/2023 NOH posted on property and city hall and mailed by regular usps mail. CODE ENFORCEMENT AGENDA Angela Irizarry 8/31/2023 9/1/2023 CODE ENFORCEMENT ORDER Angela Irizarry 9/7/2023 9/7/2023 Respondent ordered to provide written documentation to city and start repairs on or before 9/14/2023 TELEPHONE MESSAGE Angela Irizarry 9/15/2023 9/15/2023 Received voicemail from Mr. Williams stating that he had Agenda Item #4.A.04 Jan 2024
Page 40 of 86
Case Details City of Atlantic Beach Case Number 23‐038
Printed: Friday, 29 December, 2023
3 of 5 quotes. Tried to return the call but his voicemail box was full and coudln't accept messages. EMAIL RECEIVED Angela Irizarry 9/15/2023 9/15/2023 Received email from Mr. Williams with an estimate for a roof repair from Pimentel Roofing attached. EMAIL SENT Angela Irizarry 9/18/2023 9/18/2023 Sent email response to Mr. Williams asking him if he accepted the roofing contract NOTICE OF HEARING Angela Irizarry 10/16/2023 10/16/2023 CMRR STATUS UPDATE Angela Irizarry 10/23/2023 10/23/2023 Notice for Nov meeting not delivered yet. Posting property and city hall. CODE ENFORCEMENT AGENDA Angela Irizarry 10/30/2023 10/30/2023 CODE ENFORCEMENT ORDER Angela Irizarry 11/2/2023 11/2/2023 Respondent was ordered to show written documentation of a contract and commencement of repairs within 7 days of the date of the order. MEETING WITH RESPONDENT Angela Irizarry 11/16/2023 11/22/2023 Received message from the building department that Mr. Williams came into the office on 11/16 while I was out. PERMIT APPLIED FOR Angela Irizarry 11/20/2023 11/20/2023 Per building department records, roof permit was submitted. OTHER Angela Irizarry 11/27/2023 11/27/2023 Received email from next door neighbor reporting that work other than the roof work was being done. MEETING WITH RESPONDENT Angela Irizarry 11/27/2023 11/27/2023 Went to property and spoke with Mr. Williams in person. There was new framing on the side porch on the east side of the property. I advised Mr. Williams that they rebuilding of the porch was outside the scope of the roof permit and they needed to stop that work until a permit was applied for and Agenda Item #4.A.04 Jan 2024
Page 41 of 86
Case Details City of Atlantic Beach Case Number 23‐038
Printed: Friday, 29 December, 2023
4 of 5 issued. TELEPHONE CALL Angela Irizarry 11/27/2023 11/27/2023 Called roofing contractor and advised them to stop work on the porch because it was out of the scope of the permit. NOH LTR Angela Irizarry 12/19/2023 12/19/2023 NOH POST AND AFF Angela Irizarry 12/22/2023 12/22/2023 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL COMPLAINTANT NICOLAS DAMON 71 CORAL ST , damon.nicolas@gmail.com OWNER WILLIAMS ROBERT JOSEPH JR 67 CORAL ST ATLANTIC BEACH, FL 32233‐5815
INSPECTIONS INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI 10/24/2022 10/24/2022 Side porch is collapsing Trees damaging roof line REINSPECTION AI 11/10/2022 11/10/2022 VIOLATION CONTINUES REINSPECTION AI 12/16/2022 12/16/2022 VIOLATION CONTINUES REINSPECTION AI 2/16/2023 2/16/2023 VIOLATION CONTINUES REINSPECTION AI 3/15/2023 3/15/2023 VIOLATION CONTINUES Went by house and knocked on the door to try to speak with Respondent. There was no answer even Agenda Item #4.A.04 Jan 2024
Page 42 of 86
Case Details City of Atlantic Beach Case Number 23‐038
Printed: Friday, 29 December, 2023
5 of 5 though both vehicles were there. REINSPECTION AI 5/26/2023 5/26/2023 VIOLATION CONTINUES REINSPECTION AI 6/26/2023 6/26/2023 VIOLATION CONTINUES REINSPECTION AI 7/6/2023 7/6/2023 VIOLATION CONTINUES REINSPECTION AI 10/16/2023 10/16/2023 VIOLATION CONTINUES REINSPECTION AI 12/1/2023 12/1/2023 VIOLATION CONTINUES
VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES Exterior Walls Angela Irizarry 2/7/2023 IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Roofs and Drainage Angela Irizarry 2/7/2023 IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. Not clearly visible from the street but can be seen from neighbors side yard. Agenda Item #4.A.04 Jan 2024
Page 43 of 86
Page 44 of 86
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Agenda Item #4.B.04 Jan 2024
Page 47 of 86
Agenda Item #4.B.04 Jan 2024
Page 48 of 86
S t"Vi:r 0 CITY OF ATLANTIC BEACH
J
A 800 SEMINOLE ROAD
s3 ATLANTIC BEACH, FL 32233
PHONE (904) 247-5800
y r A
3/10/2023
1411 HIBISCUS ST LLC
399 BEACH AVE
ATLANTIC BEACH, FL 32233
Real Estate Number: 171072 0000 Case Number: 23-051
Location of Violation: 1411 HIBISCUS ST, 18-34 17-2S-29E .28 SEC H ATLANTIC BEACH LOTS 3,4 BLK
241 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 ofAtlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16.
A code enforcement inspection at 1411 HIBISCUS ST was conducted on 3/9/2023. 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: There is no approved business tax receipt for any business at this address. It
appears boat operations are being performed inside and outside of the building and boats are being stored on the
city's right of way.
APPLICABLE CODES:
Chapter 20 Business Tax Receipts Section 20-52. Levy. A business license tax shall be levied on: (1)Any person
who maintains a permanent business location or branch office within the City, for the privilege of engaging in or
managing any business within it's jurisdiction. (2)Any person who maintains a permanent business location or
branch office within the City, for the privilege of engaging in or managing any profession or occupation within it's
jurisdiction.
Sec. 24-154. -Outdoor display, sale and storage offurniture,household items, merchandise and business
activities outside of enclosed buildings. -(c)Unless expressly permitted by this section or elsewhere within these
land development regulations, all business-related products services and activities shall be conducted within an
enclosed building, subject to compliance with applicable licensing requirements.
Sec. 21-20. -Parking limitations. (c)No person shall stop, stand, or park a recreational vehicle, camper, bus,
flatbed truck,trailer or commercial vehicle upon any right-of-way, except for the purpose of loading or unloading,
for more than four(4)hours, except when authorized by the city manager or their designee provided that the
vehicle does not obstruct traffic as described in section 21-18.
ACTION TO CORRECT: This letter requests that the noted violation(s) be corrected by applying for a
business tax receipt, moving all business activities inside the building and removing all boats from the right
of way within ten(10)days of the receipt of this notice.
Agenda Item #4.B.04 Jan 2024
Page 49 of 86
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, N-Ney hereby swear and affirm that the above statement is true and
accurate.
ly,
I 4
CODE ENFO'CEMENT
cc: Tenant/Occupant
1411 Hibiscus Street
Atlantic Beach, FL 32233
Agenda Item #4.B.04 Jan 2024
Page 50 of 86
s A . 'rfr, CITY OF ATLANTIC BEACH
0-- ft-",,.. ,
800 SEMINOLE ROAD3rz
witii
j c)ATLANTIC BEACH, FL 32233
PHONE (904) 247-5800
T)-' CERTIFIED RETURN RECEIPT
7013 1710 0002 1691 3 651
3/31/2023
1411 HIBISCUS ST LLC
399 BEACH AVE
ATLANTIC BEACH, FL 32233
Real Estate Number: 171072 0000 Case Number: 23-051
Location of Violation: 1411 HIBISCUS ST, 18-34 17-2S-29E .28 SEC H ATLANTIC BEACH LOTS 3,4 BLK
241 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 1411 HIBISCUS ST was conducted on 3/9/2023 & 3/31/2023. 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:There is no approved business tax receipt for any business at this address. It
appears boat operations are being performed inside and outside of the building and boats are being stored on the
city's right of way.
APPLICABLE CODES:
Chapter 20 Business Tax Receipts Section 20-52. Levy. A business license tax shall be levied on: (1) Any person
who maintains a permanent business location or branch office within the City, for the privilege of engaging in or
managing any business within it's jurisdiction. (2)Any person who maintains a permanent business location or
branch office within the City, for the privilege of engaging in or managing any profession or occupation within it's
jurisdiction.
Sec. 24-154. -Outdoor display, sale and storage of furniture,household items, merchandise and business
activities outside of enclosed buildings. -(c)Unless expressly permitted by this section or elsewhere within these
land development regulations, all business-related products services and activities shall be conducted within an
enclosed building, subject to compliance with applicable licensing requirements.
Sec. 21-20. -Parking limitations. (c)No person shall stop, stand,or park a recreational vehicle, camper, bus,
flatbed truck,trailer or commercial vehicle upon any right-of-way, except for the purpose of loading or unloading,
for more than four(4)hours,except when authorized by the city manager or their designee provided that the
vehicle does not obstruct traffic as described in section 21-18.
Agenda Item #4.B.04 Jan 2024
Page 51 of 86
ACTION TO CORRECT: This letter requests that the noted violation(s) be corrected by applying for a
business tax receipt, moving all business activities inside the building and removing all boats from the right
of way 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 ifyou have any questions or need additional information.
I, O l Z.00`-t hereby swear and affirm that the above statement is true and
accurate.
it•-rely,
i_...1"-----
s„,...Angela Iri Oh
CODE ENFORCEMENT
cc: Tenant/Occupant
1411 Hibiscus Street
Atlantic Beach, FL 32233
Certified return receipt no# 7013 1710 0002 1691 3644
Agenda Item #4.B.04 Jan 2024
Page 52 of 86
f :&_. ._
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
Complete items 1,2,and 3. A. Signatur e
Agent
Print your name and address on the reverse0 Addressee
B.that we can return the card to you.eceive y(Printed Name C. Date of Delivery
Attach this card to the back of the mailpiece, V'
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
N\`b`o u C If YES,enter delivery address below: No
CAQ g.QCtCh A
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0 Collect on Delivery Restricted Delivery Signature C i ationT.
2. Article Number(Transferfrom service label)Mail Signature Co ation
7 013 1710 .11002 1691 3651 Mail Restricted Delivery ' Restricted DCot ry
too)
PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt
Agenda Item #4.B.04 Jan 2024
Page 53 of 86
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Page 57 of 86
4/21/2023
CODE ENFORCEMENT
CITY OF ATLANTIC BEACH, FLORIDA
1411 HIBISCUS ST LLC
399 BEACH AVE
ATLANTIC BEACH, FL 32233
Dear Respondent:
NOTICE OF HEARING
Case Number: 23-051
Certified Mail Return Receipt:
7017 0660 0000 3856 5583
Property Address: 1411 HIBISCUS ST
ATLANTIC BEACH, FL
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special
Magistrate on May 11, 2023 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 1411
HIBISCUS ST, 18-34 17 -2S -29E.28 SEC H ATLANTIC BEACH LOTS 3,4 BLK 241 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
Chapter 20 Business Tax Receipts Section 20-52. Levy. A business license tax shall be levied on: (1)
Any person who maintains a permanent business location or branch office within the City, for the
privilege of engaging in or managing any business within it's jurisdiction. (2) Any person who
maintains a permanent business location or branch office within the City, for the privilege of engaging
in or managing any profession or occupation within it's jurisdiction.
Sec. 24-154. - Outdoor display, sale and storage of furniture, household items, merchandise and
business activities outside of enclosed buildings. - (c)Unless expressly permitted by this section or
elsewhere within these land development regulations, all business-related products services and
activities shall be conducted within an enclosed building, subject to compliance with applicable
licensing requirements.
Sec. 21-20. - Parking limitations. (c)No person shall stop, stand, or park a recreational vehicle, camper,
bus, flatbed truck, trailer or commercial vehicle upon any right-of-way, except for the purpose of
loading or unloading, for more than four (4) hours, except when authorized by the city manager or
their designee provided that the vehicle does not obstruct traffic as described in section 21-18.
STATEMENT OF CODE ENFORCEMENT OFFICER: There is no approved business tax receipt
for any business at this address. It appears boat operations are being performed inside and outside ofthe
building and boats are being stored on the city's right of way.
Page 1 of 2
Agenda Item #4.B.04 Jan 2024
Page 58 of 86
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, lJot , hereby swear and affirm that the above statement
is Ru"nd alcurate. c
Angela Irizarry v
Code Enforcement Officer, Cit oAtlantic Beach
ATTEST:
Ladayija Nichols, Deputy City Clerk
cc: Business Owner
1411 Hibiscus Street
Atlantic Beach, FL 32233
Page 2 of 2
Agenda Item #4.B.04 Jan 2024
Page 59 of 86
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Agenda Item #4.B.04 Jan 2024
Page 60 of 86
ri
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner
vs.
1411 Hibiscus Street LLC
1411 Hibiscus Street
Atlantic Beach, Florida 32233
Respondent.
First Class and Certified Mail Return Receipt
Requested: 7022 2410 0000 9397 1391
Property Address: 1411 Hibiscus Street
Atlantic Beach, FL 32233
CASE NUMBER: 23-051
REAL ESTATE NUMBER: 171072-0000
LEGAL DESCRIPTION: 18 -3417 -2S -29E .28, SEC H ATLANTIC BEACH, LOTS 3,4 BLK 241
ORDER ON CASE NO. 23-051
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on May 11,
2023, and the Special Magistrate having heard testimony under oath, received evidence, and heard
arguments respective to all appropriate matters, issues findings of fact, conclusions oflaw, and orders
as follows:
FINDINGS OF FACT
1. Respondent owns the Property located at 1411 Hibiscus Street, Atlantic Beach, Florida. ("The
Property").
2. The tenant, Chad Stonecipher, was notified of the violations of Chapter 20-52, Business Tax
Receipts requiring a business license, Sec. 21-20 parking limitations and Sec. 24-154 violation of
outdoor display, sale and storage of furniture. The Respondent did not appear at the hearing.
3. The City of Atlantic Beach stated the "boat repair" useage in that zoning district. The City of
Atlantic Beach also stated that Mr. Stonecipher has applied for a business tax receipt and requests
this matter be deferred until the July 6, 2023 Code hearing.
Agenda Item #4.B.04 Jan 2024
Page 61 of 86
40
J
CONCLUSIONS OF LAW
4. THE TENANT IS IN VIOLATION OF THE CITED SECTIONS. THE PROPERTY OWNER HAS BEEN
MADE AWARE OF THE VIOLATIONS AND THE TENANT IS CORRECTING THE VIOLATIONS.
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:
A. The matter is deferred until the July 6, 2023 Code Enforcement hearing date.
AV)
DONE AND ORDERED THIS _ DAY OF MAY, 2023.
ATTEST:
Ladayija Nichols, Deputy City Clerk
Executed this I day of MAY, 2023.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
Suzann W. Green, Special Magistrate
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.04 Jan 2024
Page 62 of 86
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 '
Agent
so that we can return the card to you.0 Addressee
Attach this card to the back of the mailpiece,B. Rgceiv by(Printed Name) C. Date of Delivery
or on the front if space permits.OLj',5q
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
If YES,enter delivery address below: No
1,1 I t-tblCA11S airrf* U—
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9590 9402 7880 2234 5497 87 0 Certified Mat Restricted Daignature Confirmationw
Collect on Delivery 0 Signature Confirmation
2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted ery Restricted Delivery
Insured Mail
322 2 410 0000 9397 1391 0 Insured Mail Restrict eliveryover$500)
P8 Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt
Agenda Item #4.B.04 Jan 2024
Page 63 of 86
17. ti's CODE ENFORCEMENT
111,,PlAk
r CITY OF ATLANTIC BEACH, FLORIDA
m NOTICE OF HEARING
6/7/2023 Case Number: 23-051
1411 HIBISCUS ST LLC Certified Mail Return Receipt:
399 BEACH AVE 7017 0660 0000 3856 5668
ATLANTIC BEACH, FL 32233
Property Address: 1411 HIBISCUS ST
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing ofthe Code Enforcement Special
Magistrate on July 6th,2023 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 1411
HIBISCUS ST, 18-34 17-2S-29E .28 SEC H ATLANTIC BEACH LOTS 3,4 BLK 241 Atlantic Beach,
Florida. The City ofAtlantic Beach adopted the International Property Maintenance Code and the Florida
Building Code as part ofthe City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section
6-16.
International Property Maintenance Code/City Code of Ordinances
Chapter 20 Business Tax Receipts Section 20-52. Levy. A business license tax shall be levied on: (1)
Any person who maintains a permanent business location or branch office within the City, for the
privilege of engaging in or managing any business within it's jurisdiction. (2) Any person who
maintains a permanent business location or branch office within the City, for the privilege of engaging
in or managing any profession or occupation within it's jurisdiction.
Sec. 24-154. - Outdoor display, sale and storage of furniture, household items, merchandise and
business activities outside of enclosed buildings. - (c)Unless expressly permitted by this section or
elsewhere within these land development regulations, all business-related products services and
activities shall be conducted within an enclosed building, subject to compliance with applicable
licensing requirements.
Sec. 21-20.-Parking limitations. (c)No person shall stop, stand,or park a recreational vehicle, camper,
bus, flatbed truck, trailer or commercial vehicle upon any right-of-way, except for the purpose of
loading or unloading, for more than four (4) hours, except when authorized by the city manager or
their designee provided that the vehicle does not obstruct traffic as described in section 21-18.
STATEMENT OF CODE ENFORCEMENT OFFICER: There is no approved business tax receipt
for any business at this address. It appears boat operations are being performed inside and outside of the
building and boats are being stored on the city's right ofway. This case was heard at the May 2023
meeting and was deferred until 7/6/2023.
Page 1 of 2
Agenda Item #4.B.04 Jan 2024
Page 64 of 86
Ifthe 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 ifthe 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.
P\c\5eVc saklorri hereby swear and affirm that the above statement
is t - : durate. \
0‘ V- 41V°Ange a Iriz.IMPCodeEnforcementOfficer, y ofAtlantic Beach
ATTEST:
Ladayija Nichols, Deputy City Clerk
cc: Sea Stone Marine LLC
1411 Hibiscus Street
Atlantic Beach, FL 32233
Certified mail number: 7017 0660 0000 3856 5675
Page 2 of 2
Agenda Item #4.B.04 Jan 2024
Page 65 of 86
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Page 67 of 86
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Page 68 of 86
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Agenda Item #4.B.04 Jan 2024
Page 69 of 86
Irizarry,Angela
From: Chad Stonecipher <chadstonecipher@seastonemarine.net>
Sent: Monday, July 3, 2023 2:19 PM
To:Code Enforcement Officer
Subject: Deferment
Angela,
This is Chad from Sea Stone Marine. I would like to request the deferment till the next meeting please. I am out
of town for the holiday until next week.Thank you for the help.
Very respectfully,
Chad Stonecipher
Sent from Mail for Windows
1
Agenda Item #4.B.04 Jan 2024
Page 70 of 86
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
Complete items 1,2,and 3.Also complete A. Signatrw,
item 4 if Restricted Delivery is desired. X
Agent
I• Print your name and address on the reverse 0 Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of DeliveryNIAttachthiscardtothebackofthemailpiece,
S y C or on the front if space permits. V` t
D. Is delivery address different from item 1? 0 Yes
1. Article Addressed to: If YES,enter delivery address below: 0 No
141 I hl Ili seus S\v & p
Lac a 3 - 051 r
3. Service Type 1 523
0 Certified M41t \S Priority Mail Ex
Registered 0 Ret eipt for Mbrchandise
Insured Mail ollect on Delivery
4. Restricts Delivery?(Extra Fee) Yes
2. Article Number 7022 2410 0000 9397 1438Transferfromservicelabel)
PS Form 3811,July 2013 Domestic Return Receipt
Agenda Item #4.B.04 Jan 2024
Page 71 of 86
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner First Class and Certified Mail Return Receipt
Requested: 7022 2410 0000 9397 1438
vs.
Property Address: 1411 Hibiscus Street
1411 Hibiscus Street LLC Atlantic Beach, FL 32233
1411 Hibiscus Street
Atlantic Beach, Florida 32233
Respondent.
CASE NUMBER: 23-051
REAL ESTATE NUMBER: 171072-0000
LEGAL DESCRIPTION: 18-34 17-2S-29E .28, SEC H ATLANTIC BEACH, LOTS 3,4 BLK 241
ORDER ON CASE No. 23-051
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on July 6,
2023, 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 1411 Hibiscus Street, Atlantic Beach, Florida. ("The
Property").
2. The tenant, Chad Stonecipher, was notified of the violations of Chapter 20-52, Business Tax
Receipts requiring a business license, Sec. 21-20 parking limitations and Sec. 24-154 violation of
outdoor display, sale and storage of furniture. The Respondent did not appear at the hearing,
however had a meeting with the City of Atlantic Beach, FL stating he was working on the
violations.
3. The City of Atlantic Beach stated the "boat repair" usage in that zoning district is a violation.
The City of Atlantic Beach also stated that Mr. Stonecipher has applied for a business tax receipt
and requested this matter be deferred until the July 6, 2023 Code hearing. It was deferred and
since the Respondent had spoken to the City of Atlantic Beach, FL, the City of Atlantic Beach,
FL has agreed to defer the hearing until the September 7, 2023 hearing date.
Agenda Item #4.B.04 Jan 2024
Page 72 of 86
CONCLUSIONS OF LAW
4. The tenant is in violation of the cited sections. the property owner has been made aware of
the violations and the tenant is correcting the violations.
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:
A. The matter is deferred until the September 7, 2023 Code Enforcement hearing date.
DONE AND ORDERED THIS 'P DAY OF JULY, 2023.
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
ATTEST:
7 Dtjhae—
Ladayija Nichols, trApolry C\i C1ee4. Suzanne . Green, Special Magistrate
Executed this Z--1 day of JULY, 2023.
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.04 Jan 2024
Page 73 of 86
10/16/2023
CODE ENFORCEMENT
CITY OF ATLANTIC BEACH, FLORIDA
1411 HIBISCUS ST LLC
399 BEACH AVE
ATLANTIC BEACH, FL 32233
Dear Respondent:
NOTICE OF HEARING
Case Number: 23-051
Certified Mail Return Receipt:
7013 1710 0002 1691 9950
Property Address: 1411 HIBISCUS ST
ATLANTIC BEACH, FL
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special
Magistrate on November 2, 2023 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 1411
HIBISCUS ST, 18-34 17 -2S -29E.28 SEC H ATLANTIC BEACH LOTS 3,4 BLK 241 Atlantic Beach,
Florida. The City ofAtlantic 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
Chapter 20 Business Tax Receipts Section 20-52. Levy. A business license tax shall be levied on: (1)
Any person who maintains a permanent business location or branch office within the City, for the
privilege of engaging in or managing any business within it's jurisdiction. (2) Any person who
maintains a permanent business location or branch office within the City, for the privilege of engaging
in or managing any profession or occupation within it's jurisdiction.
Sec. 24-154. - Outdoor display, sale and storage of furniture, household items, merchandise and
business activities outside of enclosed buildings. - (c)Unless expressly permitted by this section or
elsewhere within these land development regulations, all business-related products services and
activities shall be conducted within an enclosed building, subject to compliance with applicable
licensing requirements.
Sec. 21-20. - Parking limitations. (c)No person shall stop, stand, or park a recreational vehicle, camper,
bus, flatbed truck, trailer or commercial vehicle upon any right-of-way, except for the purpose of
loading or unloading, for more than four (4) hours, except when authorized by the city manager or
their designee provided that the vehicle does not obstruct traffic as described in section 21-18.
STATEMENT OF CODE ENFORCEMENT OFFICER: There is no approved business tax receipt
for any business at this address. It appears boat operations are being performed inside and outside of the
building and boats are being stored on the city's right of way.
Page 1 of 2
Agenda Item #4.B.04 Jan 2024
Page 74 of 86
Ifthe violation is corrected and then recurs or ifthe violation was not corrected by the time specified for
correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may
be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior
to the hearing.
You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If
you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact
the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the
presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be
secured at your expense.
hereby swear and affirm that the above statement
ni eieandaccurate.
Angela Ir' y
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
Ladayija Nichols, Deputy City Clerk
cc: Sea Stone Marine LLC
1411 Hibiscus Street
Atlantic Beach, FL 32233
Certified mail number: 7013 1710 0002 1691 9967
Page 2 of 2
Agenda Item #4.B.04 Jan 2024
Page 75 of 86
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
Agent
so that we can return the card to you.
AttachIII this card to the back of the mailpiece,
or on the front it space permits.
B. Receiv -by(Printed Name) C. Date of Delivery
H-a) wthy,o) .
72-.--_:-0 `-L 3
1. Article Addressed to: D. Is delivery address different from item 1? El Yes
1 , n If YES,enter delivery address below: No
a -c5i
11111 III 11111111111111111111 111 III
3. Service Type Priority Mail Express®
Adult Signature 0 Registered Mailr"
Adult Signature Restricted Delivery 0 Registered Mail Restricted
Certified Mail® Delivery
9590 9402 5982 0062 6055 79 0 Certified Mail Restricted Delivery 0 Return Receipt for
Collect on Delivery Merchandise
2_Article Number!Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmations
Insured Mail 0 Signature Confirmation
7.013 1710 0002 16 91 995.0 Insured Mail Restricted Delivery Restricted Delivery
over$500)
a
PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt
Agenda Item #4.B.04 Jan 2024
Page 76 of 86
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
Complete items 1,2,and 3. A. Sig .tur.
Print your name and address on the reverse x
Agent
i O.St 0 Addresseesothatwecanreturnthecardtoyou.
III Attach this card to the back of the mailpiece,B. eceived by 'rinted Name) C. Date of Delivery
or on the front if space permits. 7 170-se- 0"Z 0 ` Z/u
1. ArticlepAddressed- to:
m/ I\v,/y//
D. Is d-(very address different from item 1? 0 Yes
V ea 5i 1 V 1 e_ ° `a.1` 1 .e.. If YES,enter delivery address below: 0 No
a.3—O5
3. ServiceType Li Priority Mail Express®
IIIIIIIIIIIII I 11111 IIIII I III Adult Signature Regitered MaiIT"
Adult Signature Restricted Delivery 0 Registered Mail Restricted
Certified Mail® Delivery
9590 9402 5982 0062 6055 86 0 Certified Mail Restricted Delivery 0 Return Receipt for
Collect on Delivery Merchandise
2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation,"
Insured Mail 0 Signature Confirmation
7013 1710 00021691 9967 Insured Mail Restricted Delivery Restricted Delivery
over$500)
PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt
Agenda Item #4.B.04 Jan 2024
Page 77 of 86
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner
vs.
1411 Hibiscus Street LLC
1411 Hibiscus Street
Atlantic Beach, Florida 32233
Respondent.
CASE NUMBER: 23-051
First Class and Certified Mail Return Receipt
Requested: 7022 2410 0000 9340 7159
Property Address: 1411 Hibiscus Street
Atlantic Beach, FL 32233
REAL ESTATE NUMBER: 171072-0000
LEGAL DESCRIPTION: 18 -3417 -2S -29E .28, SEC H ATLANTIC BEACH, LOTS 3,4 BLK 241
ORDER ON CASE NO. 23-051
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on November
2, 2023, and the Special Magistrate having heard testimony under oath, received evidence, and heard
arguments respective to all appropriate matters, issues findings offact, conclusions oflaw, and orders
as follows:
FINDINGS OF FACT
Respondent owns the Property located at 1411 Hibiscus Street, Atlantic Beach, Florida. ("The
Property"). Notice was provided via Certified Letter.
2. The tenant, Chad Stonecipher, was notified of the violations of Chapter 20-52, Business Tax
Receipts requiring a business license, Sec. 21-20 parking limitations and Sec. 24-154 violation of
outdoor display, sale and storage of furniture. The Respondent did not appear at the hearing,
however had reached out to the City of Atlantic Beach stating the building would be vacant by
the end of December.
The City of Atlantic Beach stated the "boat repair" useage in that zoning district is improper.
The City ofAtlantic Beach also stated that Mr. Stonecipher had applied for a business tax receipt
and but has been unable to correct the violation. The City of Atlantic Beach stated that in their
discussions with Mr. Stonecipher, the current lease ends in December 2023 and will not be
renewed. The tenant is to be out of the premises at that time. The City of Atlantic Beach requested
that the tenant cease outside storage and that no further violations will exist by the end of
December 2023.
Agenda Item #4.B.04 Jan 2024
Page 78 of 86
CONCLUSIONS OF LAW
4. THE TENANT IS IN VIOLATION OF THE CITED SECTIONS. THE PROPERTY OWNER HAS BEEN
MADE AWARE OF THE VIOLATIONS AND THE TENANT WILL BE VACATING THE PREMISES BY THE END
OF DECEMBER 2023.
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:
A. The Respondent shall have the Property free of violations by the end of December 2023.
nd
DONE AND ORDERED THIS DAY OF NOVEMBER, 2023.
ATTEST:
s4"
Ladayija Nichols, Deputy City Clerk
Executed this day of November, 2023.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
Suzanne . Green, Special Magistrate
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.04 Jan 2024
Page 79 of 86
Irizarry,Angela
From: torn goelz <tcgoelz@gmail.com>
Sent: Wednesday, December 6, 2023 8:33 AM
To: Irizarry,Angela
Subject: Re:Case No. 23-051
Hi Angela
I wanted to give you an update on our tenant at 1411 Hibiscus St. Sea Stone Marine is taking a bit longer to
vacate the property than originally committed. At this time it looks like it will be the end of January instead of
December. We will be putting up For Rent signs this week.
Thanks.
Tom Goelz
904-616-3858
On Thu, Nov 2, 2023 at 12:15 PM torn goelz <tcgoelz@u,gmail.com>wrote:
Dear Ms Irizarry-
Confirming our telephone conversation from this morning, our tenant, Sea Stone Marine, will be vacating our
property at 1411 Hibiscus St at the end of December.
We look forward to bringing in a new tenant who will comply with the city codes.
Thank you.
Sincerely,
Torn Goelz
904-616-3858
1
Agenda Item #4.B.04 Jan 2024
Page 80 of 86
0A 41.les,, CODE ENFORCEMENT
e
IP CITY OF ATLANTIC BEACH, FLORIDA
4...tr.
NOTICE OF HEARING POSTED ON PROPERTY AND
ATLANTIC BE CH TY HALL
DATE:
12/20/2023 Case Number: 23-051
1411 HIBISCUS ST LLC Certified Mail Return Receipt:
399 BEACH AVE 7012 2210 0001 1385 5002
ATLANTIC BEACH, FL 32233
Property Address: 1411 HIBISCUS 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 January 4, 2024 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 1411
HIBISCUS ST, 18-34 17-2S-29E .28 SEC H ATLANTIC BEACH LOTS 3,4 BLK 241 Atlantic Beach,
Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida
Building Code as part ofthe City ofAtlantic Beach Code of Ordinances in Chapter 6, Article II, Section
6-16.
International Property Maintenance Code/City Code of Ordinances
Chapter 20 Business Tax Receipts Section 20-52. Levy. A business license tax shall be levied on: (1)
Any person who maintains a permanent business location or branch office within the City, for the
privilege of engaging in or managing any business within it's jurisdiction. (2) Any person who
maintains a permanent business location or branch office within the City,for the privilege of engaging
in or managing any profession or occupation within it's jurisdiction.
Sec. 24-154. - Outdoor display, sale and storage of furniture, household items, merchandise and
business activities outside of enclosed buildings. - (c)Unless expressly permitted by this section or
elsewhere within these land development regulations, all business-related products services and
activities shall be conducted within an enclosed building, subject to compliance with applicable
licensing requirements.
Sec.21-20.-Parking limitations.(c)No person shall stop,stand,or park a recreational vehicle,camper,
bus, flatbed truck, trailer or commercial vehicle upon any right-of-way, except for the purpose of
loading or unloading, for more than four (4) hours, except when authorized by the city manager or
their designee provided that the vehicle does not obstruct traffic as described in section 21-18.
STATEMENT OF CODE ENFORCEMENT OFFICER: There is no approved business tax receipt
for any business at this address. It appears boat operations are being performed inside and outside ofthe
building and boats are being stored on the city's right of way. At the November 2, 2023 meeting an order
was issued that the respondent be free ofproperty violation by the end of December 2023. On
Page 1 of 2
Agenda Item #4.B.04 Jan 2024
Page 81 of 86
12/6/2023 the City was notified that the respondent will not be vacating the property until the end of
January.
Ifthe violation is corrected and then recurs or ifthe 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, f ZIreaff hereby swear and affirm that the above statement
ate.
11).1E
gela Ir'
Code Enfo ent Office City of tlantic Beach
ATTEST:
Ladayija Nichols, Deputy City Clerk
cc: Sea Stone Marine LLC
1411 Hibiscus Street
Atlantic Beach, FL 32233
Certified mail number: 7013 1710 0002 1691 0605
Page 2 of 2
Agenda Item #4.B.04 Jan 2024
Page 82 of 86
Case Details City of Atlantic Beach Case Number 23‐051
Printed: Friday, 29 December, 2023
1 of 4 Description: No BTR. Business activities outside Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: COMMERCIAL Opened: 3/10/2023 Closed: Last Action: 11/17/2023 Fllw Up: 7/3/2023 Site Address: 1411 HIBISCUS ST ATLANTIC BEACH, FL 32233 Site APN: 171072 0000 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES NOV REG Angela Irizarry 3/10/2023 3/10/2023 Sent to property owner and tenant/occupant. NOV CERT Angela Irizarry 3/31/2023 3/31/2023 CMRR RECEIVED W/SIGNATURE Angela Irizarry 4/10/2023 4/10/2023 NOTICE OF HEARING Angela Irizarry 4/21/2023 4/21/2023 CMRR STATUS UPDATE Angela Irizarry 4/26/2023 TELEPHONE CALL Angela Irizarry 4/27/2023 4/27/2023 Spoke with Chad Stonecipher who is the tenant at the property. He stated he is working to correct the issue. The boat that was on the right way was dropped off by the boat owner and he had to get in touch with them to move it. He has applied for his business tax receipt and would be willing to move if his business isn't allowed to be there at that location. CODE ENFORCEMENT Angela Irizarry 5/8/2023 5/8/2023 Agenda Item #4.B.04 Jan 2024
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Case Details City of Atlantic Beach Case Number 23‐051
Printed: Friday, 29 December, 2023
2 of 4 AGENDA CODE ENFORCEMENT ORDER Angela Irizarry 5/19/2023 5/19/2023 Case deferred to 7/6/2023 meeting. Tenant is seeking the help of the Mayor. NOTICE OF HEARING Angela Irizarry 6/7/2023 6/7/2023 NOH for July meeting CMRR STATUS UPDATE Angela Irizarry 6/21/2023 6/26/2023 NOH has not been delivered. Posting notice for meeting. MEETING WITH TENANT/OCCUPANT Angela Irizarry 6/26/2023 6/26/2023 Met with Chad while delivering the NOH letter. He stated he spoke with the Mayor and had a plan to move locations if he was not successful at the hearing. CODE ENFORCEMENT AGENDA Angela Irizarry 6/29/2023 6/30/2023 EMAIL RECEIVED Angela Irizarry 7/3/2023 7/3/2023 Received email from Chad. He is out of town this week for the holiday and asked to be deferred to September. CODE ENFORCEMENT ORDER Angela Irizarry 7/6/2023 7/6/2023 Case deferred to September. CODE ENFORCEMENT AGENDA Angela Irizarry 8/31/2023 9/4/2023 Can not place on agenda for Sept. hearing. Moving to November due to service issues. NOTICE OF HEARING Angela Irizarry 10/16/2023 10/16/2023 CMRR STATUS UPDATE Angela Irizarry 10/18/2023 10/18/2023 Green Card signed by 1400 Hibiscus LLC CMRR STATUS UPDATE Angela Irizarry 10/20/2023 10/20/2023 Green card signed by SeaStone Marine CODE ENFORCEMENT AGENDA Angela Irizarry 10/30/2023 10/30/2023 Agenda Item #4.B.04 Jan 2024
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Case Details City of Atlantic Beach Case Number 23‐051
Printed: Friday, 29 December, 2023
3 of 4 CODE ENFORCEMENT ORDER Angela Irizarry 11/2/2023 11/2/2023 Responded ordered to correct all violations by the end of December 2023 EMAIL RECEIVED Angela Irizarry 12/6/2023 12/6/2023 Received email from property owner. Tenant is taking longer than expected to move out. Email states they will not vacate until the end of January. NOH LTR Angela Irizarry 12/19/2023 12/19/2023 NOH POST AND AFF Angela Irizarry 12/22/2023 12/22/2023 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER 1411 HIBISCUS ST LLC 399 BEACH AVE ATLANTIC BEACH, FL 32233 TENANT Chad Stonecipher 1411 HIBISCUS ST ATLANTIC BEACH, FL 32233 (844)333‐7889 chadstonecipher@seastonemarine.net INSPECTIONS INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI 3/9/2023 3/9/2023 VIOLATION FOUND REINSPECTION AI 3/27/2023 3/30/2023 VIOLATION CONTINUES REINSPECTION AI 4/17/2023 4/20/2023 VIOLATION CONTINUES REINSPECTION AI 10/16/2023 10/16/2023 VIOLATION CONTINUES Agenda Item #4.B.04 Jan 2024
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Case Details City of Atlantic Beach Case Number 23‐051
Printed: Friday, 29 December, 2023
4 of 4 VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES Business Tax Receipt Angela Irizarry 3/9/2023 Chapter 20 Business Tax Receipts Section 20‐52. Levy. A business license tax shall be levied on: (1) Any person who maintains a permanent business location or branch office within the City, for the privilege of engaging in or managing any business within it's jurisdiction. (2) Any person who maintains a permanent business location or branch office within the City, for the privilege of engaging in or managing any profession or occupation within it's jurisdiction. HEAVY VEHICLE IN ROW Angela Irizarry 3/10/2023 Sec. 21‐20. ‐ Parking limitations. (c)No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck, trailer or commercial vehicle upon any right‐of‐way, except for the purpose of loading or unloading, for more than four (4) hours, except when authorized by the city manager or their designee provided that the vehicle does not obstruct traffic as described in section 21‐18. Zoning District Angela Irizarry 3/9/2023 Sec. 24‐154. ‐ Outdoor display, sale and storage of furniture, household items, merchandise and business activities outside of enclosed buildings. ‐ (c)Unless expressly permitted by this section or elsewhere within these land development regulations, all business‐related products services and activities shall be conducted within an enclosed building, subject to compliance with applicable licensing requirements. Agenda Item #4.B.04 Jan 2024
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