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9-5-24 CESM Agenda City of Atlantic Beach Agenda Code Enforcement Special Magistrate Meeting Thursday, September 5, 2024 - 2:00 p.m. City Hall, Commission Chamber 800 Seminole Road, FL 32233 Page(s) 1. CALL TO ORDER 2. APPROVAL OF MINUTES 2.A. Approve minutes of the July 11, 2024 regular meeting of the Special Magistrate meeting. 7-11-24 Code Enforcement Special Magistrate Draft Minutes 3 - 4 3. ADMINISTRATION OF OATH 4. OLD BUSINESS 4.A. CASE: 24-014 NAME: SCHLENOFF ROBERT ADDRESS: 1094 STOCK STREET CE 1094 Stocks St Case #24-014 Case Details 24-014 5 - 34 5. NEW BUSINESS 5.A. CASE: 24-032 NAME: HOLLIDAY KENNETH ADDRESS: 195 MAIN ST CE 195 Main Street Case #24-032 Case Details 24-032 35 - 66 6. ADJOURNMENT * Homesteaded Properties This meeting will be live-streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, visit www.coab.us/live. 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 Page 1 of 66 Code Enforcement Special Magistrate - 05 Sep 2024 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 66 Code Enforcement Special Magistrate July 11, 2024 MINUTES Code Enforcement Special Magistrate Meeting Thursday, July 11, 2024 - 2:00 PM City Hall, Commission Chamber 800 Seminole Road, FL 32233 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 2:00 P.M. 2. APPROVAL OF MINUTES A. Approve minutes of the May 2, 2024 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 5. NEW BUSINESS A. CASE: 24-041 NAME: KOPP, CHRISTOPHER * ADDRESS: 501 CLIPPER SHIP LANE Testified: CE Officer Irirzarry Respondent: Christopher Kopp was not present. Action: The matter is continued until the next Code hearing date, if necessary. B. CASE: 24-063 NAME: SHAPIRO, MARIA ET AL ADDRESS: 417 MAKO DRIVE Page 1 of 2 Agenda Item #2.A.05 Sep 2024 Page 3 of 66 Code Enforcement Special Magistrate July 11, 2024 Testified: CE Officer Irirzarry Respondent: Maria Shapiro was present. Action: The Respondent is found in violation of SEC. 302.8. No fines are assessed at this time. However, the violation is found to have occurred and if found in violation again, it will be considered as a repeat violation and fined accordingly. C. CASE: 24-074 NAME: DAVIS, JONATHAN MICHAEL ADDRESS: 334 11TH STREET Testified: CE Officer Irirzarry Respondent: Michael Davis was not present. Action: The Respondent will be fined $250.00 per day for each violation (8 in total) as of Friday July 19, 2024 if not in compliance. 6. ADJOURNMENT The meeting adjourned at 2:12 PM. Attest: Suzanne Green, Special Magistrate Ladayija Nichols, Deputy City Clerk Date Approved:_______________________ Page 2 of 2 Agenda Item #2.A.05 Sep 2024 Page 4 of 66 Agenda Item #4.A.05 Sep 2024 Page 5 of 66 Agenda Item #4.A.05 Sep 2024 Page 6 of 66 Agenda Item#4.A.05 Sep 2024Page 7of66 w 7 2 J «` t a . Agenda Item#4.A.05 Sep 2024 Page 8of66 u` S Agenda Item#4.A.05 Sep 2024 Page 9of66 4/29/24,9: 16 AM Duval Civil Planning Map PROPERTIES Q 4 OVAL MAPS OVAIre II r. N./ I' Ave:4044, t.r` •f,i rye' 4 `. Or 1 r: Vr. r 1.. 'WU I A iAn. R4jkx: vimil rte.• s.-. 4 EM v tiellirTir V' ti ion. ,,,„.t iim . A iwl Cr,h' VY -, i 0 https://maps.coj.net/DuvalCivilPlanning/# 1/1 Agenda Item #4.A.05 Sep 2024 Page 10 of 66 1/31/2024 CODE ENFORCEMENT CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING SCHLENOFF ROBERT K 1094 STOCKS ST ATLANTIC BEACH, FL 32233-2630 Dear Respondent: Case Number: 24-014 Certified Mail Return Receipt: 7013 1710 0002 1691 8403 Property Address: STOCKS STREET RIGHT OF WAY ADJACENT TO 1094 STOCKS STREET; ATLANTIC BEACH, FL You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on March 7, 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 STOCKS STREET RIGHT OF WAY DIRECTLY EAST OF 1094 STOCKS STREET, 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 Sec. 23-31. - General prohibitions. (b) Pruning or removal of city trees. It shall be unlawful for any person to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city property without the permission ofthe city as evidenced by the appropriate permit. Sec. 23-8. - Definitions. Excessive pruning shall mean the substantial alteration of a tree such that there is irreversible removal and/or damage of more than twenty-five (25) percent of the natural shape or form of a tree. STATEMENT OF CODE ENFORCEMENT OFFICER: This violation is irreparable and irreversible in nature. The city owned tree in the right ofway has been excessively pruned. More than 25% ofthe natural shape of the tree has been removed. No permission was granted by the city for the pruning. 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 ofthis notice at (904) 247-5821. Please note the presence ofa 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.05 Sep 2024 Page 11 of 66 Angela Code E ATTEST: Ladayija Nichols, Deputy City Clerk hereby swear and affirm that the above statement Page 2 of 2 Agenda Item #4.A.05 Sep 2024 Page 12 of 66 SENDER: COMPLETE THIS SECTION K• ," a111 rOTii.a :- 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 4.—O 1 /, c1\p,/1 elf 1/_ If YES,enter delivery address below: 0 No 3. Serve r7 Priority Mail Express® I ' I' III 111111I(II( 1111111IIIIII I' II I ( Adult Signature LL-``„ 0 Registered MailR^ Adult Signature R0atP9tetl Delivery Regid Mail Restricted Certified Mail® ery 9590 9402 5982 0062 6055 55 0 Certified Mail Restricted Deli 0 Return ceipt for Collect on Delive Merchandise 2. Article Number(Transferfrom service label) 0 Collect on ery Restricted Delivery 0 Signature Confirmation isured Mail 0 Signature Confirmation 7.013 1710 .0.0.02 1691 R 4 0 3 Isured Mail Restricted Delivery Restricted Delivery ver$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Agenda Item #4.A.05 Sep 2024 Page 13 of 66 2/21/24, 10:14 AM USPS.com®-USPS Tracking®Results ALERT:SEVERE WEATHER CONDITIONS ACROSS THE U.S.MAY DELAY FINAL DELIVERY OF YOUR MAIL AND PACKAGES... USPS Tracking® FAQs > Tracking Number:Remove X 70131710000216918403 Copy Add to Informed Delivery(https://informeddelivery.usps.com/) Latest Update Your item was delivered to an individual at the address at 4:00 pm on February 2,2024 in ATLANTIC BEACH, FL 32233. Get More Out of USPS Tracking: USPS Tracking Plus® Delivered Delivered, Left with Individual ATLANTIC BEACH, FL 32233 February 2,2024,4:00 pm See All Tracking History What Do USPS Tracking Statuses Mean?(https://faq.usps.com/s/article/Where-is-my-package) Text&Email Updates u ao- USPS Tracking Plus® u v 7- Product Information u See Less /\ Track Another Package Enter tracking or barcode numbers Need More Help? Contact USPS Tracking support for further assistance. FAQs https://tools.usps.com/go/TrackConfirmAction?gtc_tLabels1=7013 1710 0002 1691 8403 1/2 Agenda Item #4.A.05 Sep 2024 Page 14 of 66 Irizarry,Angela From: Don Pinaud <Don@afj.law> Sent: Wednesday, March 6, 2024 8:23 AM To:Irizarry,Angela Cc:Robert Schlenoff Subject: Re:COAB Code Enf.v. Robert Schlenoff. Case No.: 24-014 Thank you very much. I have noted my calendar and will look forward to appearing as scheduled on May 2. Best regards, Don Don Pinaud, Esq. All Florida Justice, LLC. Law Office of Don Pinaud 4530 St. John's Avenue Suite 15-202 Jacksonville, Florida 32210 904)552-5500 - Talk or Text 904)467-3500 - Fax AllFloridaJustice.com Don@AFJ.Law This transmission is intended by the sender and proper recipient(s)to be confidential, intended only for the proper recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s)you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error, or are not the proper recipient(s), please notify the sender at either the email address or telephone number above and delete this email from your computer. Receipt by anyone other than the proper recipient(s) is not a waiver of any attorney-client,work product, or other applicable privilege. Thank you. On Mar 6, 2024, at 8:10 AM, Irizarry,Angela<alrizarry@coab.us>wrote: Good Morning Mr. Pinaud, We are amenable to rescheduling his hearing to the next regularly scheduled magistrate meeting date. Our next meeting is scheduled for May 2, 2024 at 2:00 pm in the chambers at Atlantic Beach City Hall. Mr. Schlenoff will be sent an order after tomorrow's hearing deferring his case until that time. ig `iti (zz Agenda Item #4.A.05 Sep 2024 Page 15 of 66 Angela Irizarry, Code Enforcement Officer City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 O:(904) 247-5855 Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook at www.facebook.comic ityofatlanticbeach. Florida has a very broad public records law. Most written communications to or from state and local officials and agencies regarding state or local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. From: Don Pinaud [mailto:Don@afj.Iaw] Sent:Tuesday, March 5,2024 8:51 PM To: Irizarry,Angela<alrizarry@coab.us> Subject:COAB Code Enf.v. Robert Schlenoff.Case No.:24-014 Ms. Irizarry: I have been retained by Mr. Schlenoff to represent him in the above-pending matter against him by the City of Atlantic Beach Code Enforcement Board. My understanding is that there is currently scheduled a hearing in the matter on March 7, 2024 at 2:00 p.m. I respectfully ask that the hearing for March 7 be rescheduled to accommodate my schedule because I will be unavailable that date as I am ordered to appear that day in federal court as counsel in the case of Mayweather v. The United States ofAmerica, MD FL Case No. 3:23-cv- 00389. My understanding from Mr. Schlenoff is that he explained to you my situation and that I would be coming in to represent him, and that you would be amenable to moving the hearing to the next available date, which I understand is in May. Right now I can accommodate most dates in May and so if that can be accomplished it would be appreciated. With warmest regards, I remain Respectfully yours, Don Pinaud, Esq. All Florida Justice, LLC. Law Office of Don Pinaud 4530 St. John's Avenue Suite 15-202 Jacksonville, Florida 32210 904)552-5500 - Talk or Text 904)467-3500 - Fax AllFloridaJustice.com 2 Agenda Item #4.A.05 Sep 2024 Page 16 of 66 Don@AFJ.Law This transmission is intended by the sender and proper recipient(s)to be confidential, intended only for the proper recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. Ifyou are not the intended recipient(s) you are notified that the dissemination, distribution or copying ofthis message is strictly prohibited. If you receive this message in error, or are not the proper recipient(s), please notify the sender at either the email address or telephone number above and delete this email from your computer. Receipt by anyone other than the proper recipient(s)is not a waiver of any attorney-client, work product, or other applicable privilege. Thank you. Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook at www.facebook.com/cityofatlanticbeach. Florida has a very broad public records law. Most written communications to or from state and local officials and agencies regarding state or local business are public records available to the public and media upon request.Your email communications, including your email address, may therefore be subject to public disclosure. 3 Agenda Item #4.A.05 Sep 2024 Page 17 of 66 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 4819 vs. Property Address: 1094 STOCKS ST. SCHLENOFF, ROBERT K Atlantic Beach, FL 32233 1094 Stocks St Atlantic Beach, Florida 32233-2630 SCHLENOFF, TATYANA N Respondent. CASE NUMBER: 24-014 REAL ESTATE NUMBER: 171000-0000 LEGAL DESCRIPTION: 18-34 17-2S-29E .22,ATLANTIC BEACH SEC H,LOTS 1,81/2 STREET LYING N THEREOF CL BY UR/BCH ORDER#65- 84-10, BLK 186 ORDER ON CASE No.24-014 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on March 7, 2024 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 1094 Stocks St, Atlantic Beach, Florida. ("The Property"). Notice of the hearing was provided by certified letter for violation of Sec. 23-13 excessive or improper pruning without a permit. The Respondent did not appear. 2. Neighbors had contacted the City of Atlantic Beach that the Respondent had severely cut back the oak tree in the right of way next to his property. 3. The City ofAtlantic Beach spoke with the Respondent who stated he was unaware that he needed a permit and was confident the tree would not die as he has trimmed a tree just like this one five 5) years ago and it grew back just fine. 4. The City of Atlantic Beach stated the Respondent had hired an attorney, Don Pinaud, who had a previously scheduled Court appearance and has requested a continuance. Agenda Item #4.A.05 Sep 2024 Page 18 of 66 CONCLUSIONS OF LAW 4. THE RESPONDENT WAS CITED FOR VIOLATION OF SEC.23-13.HE HAS RETAINED AN ATTORNEY AND HAS REQUESTED A CONTINUANCE. 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 continued until the May hearing date. DONE AND ORDERED THIS DAY OF MARCH,2024. CITY OF ATLANTIC BEACH,FLORIDA AtgrE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: Ladayija Nichols, Records Clerk Suzanne W. Green, Special Magistrate Executed this day of MARCH, 2024. 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.05 Sep 2024 Page 19 of 66 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 DeliveryAttachthiscardtothebackofthemailpiece, or on the front if space permits. rr4, 5 Gk rt v' D. Is delivery address different from item 1? 0 Yes1. Article Addressed to: If YES,enter delivery address below: 0 No 5 C h1 I O1JC f K-. 2- - 0i4 3. Service Type Certified Mail 0 Express Mail Registered 0 Return Receipt for Merchandise Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7019 2970 0000 9866 4819Transferfromservicelabel PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Agenda Item #4.A.05 Sep 2024 Page 20 of 66 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City ofAtlantic Beach, Florida, Petitioner vs. First Class and Certified Mail Return Receipt Requested: 7019 2970 0000 9866 4567 Property Address: 1094 STOCKS ST. SCHLENOFF, ROBERT K Atlantic Beach, FL 32233 1094 Stocks St Atlantic Beach, Florida 32233-2630 SCHLENOFF, TATYANA N Respondent. CASE NUMBER: 24-014 REAL, ESTATE NUMBER: 171000-0000 LEGAL. DESCRIPTION: 18 -3417 -2S -29E .22, ATLANTIC BEACH SEC H, LOTS 1, S1/2 STREET LYING N THEREOF CL BY UR/ BCH ORDER #65-84-10, BLK 186 ORDER ON CASE NO. 24-014 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on May 2, 2024 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 1094 Stocks St, Atlantic Beach, Florida. ("The Property"). Notice of the hearing was provided by certified letter for violation of Sec. 23-13 and 23.8 excessive or improper pruning without a permit. The Respondent had previously scheduled for a hearing, however requested a continuance in order to obtain counsel. The Respondent appeared with counsel, Mr. Don Pinaud. 2. Neighbors had previously contacted the City of Atlantic Beach that the Respondent had severely cut back the oak tree in the right of way next to his property and without a permit. 3. The City of Atlantic Beach spoke with the Respondent who stated he was unaware that he needed a permit and was confident the tree would not die as he has trimmed the tree five (5) years ago and it grew back just fine. 4. The City of Atlantic Beach presented evidence of an arborist report completed by Mr. Danny Lippi. Page (2 of 5) of the report stated that within 3 years an arborist must come out and reprune one time a year for the next 5- 8 years and the cost of approximately $1500.00 per pruning. The Agenda Item #4.A.05 Sep 2024 Page 21 of 66 8/14/2024 CODE ENFORCEMENT CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING SCHLENOFF ROBERT K 1094 STOCKS ST ATLANTIC BEACH, FL 32233-2630 Dear Respondent: Case Number: 24-014 Certified Mail Return Receipt: 7013 1710 0002 1691 8571 Property Address: STOCKS STREET RIGHT OF WAY ADJACENT TO 1094 STOCKS STREET; ATLANTIC BEACH, FL You are hereby notified and ordered to appear at the next public hearing ofthe Code Enforcement Special Magistrate on September 5, 2024 at 2:30 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 STOCKS STREET RIGHT OF WAY DIRECTLY EAST OF 1094 STOCKS STREET, 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 Sec. 23-31. - General prohibitions. (b) Pruning or removal of city trees. It shall be unlawful for any person to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city properly without the permission of the city as evidenced by the appropriate permit. Sec. 23-8. - Definitions. Excessive pruning shall mean the substantial alteration of a tree such that there is irreversible removal and/or damage of more than twenty-five (25) percent of the natural shape or form of a tree. STATEMENT OF CODE ENFORCEMENT OFFICER: This violation is irreparable and irreversible in nature. The city owned tree in the right ofway has been excessively pruned. More than 25% of the natural shape ofthe tree was removed. No permission was granted by the city for the pruning. At the May 2024 hearing, Respondent's counsel claimed that they had an opposing arborist opinion but did not have that opinion in writing. Respondent was directed to submit that report to the City for review by the July hearing. To date, the City has not received any written documentation regarding the tree pruning. 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 Page 1 of 2 Agenda Item #4.A.05 Sep 2024 Page 22 of 66 presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. Code Enforcement Officer,- Records fficer, Records Management Specialist hereby swear and affirm that the above statement Page 2 of 2 Agenda Item #4.A.05 Sep 2024 Page 23 of 66 City of Atlantic Beach stated that they believe the damage is irreversible and requested a onetime fine of $5,000.00 or remove the remainder of the tree and replace the tree with an eight (8) inch live oak tree and the Respondent's cost. Other options of mitigation or a payment of $7,500.00 to the City of Atlantic Beach tree fund were also discussed. 5. The Respondent (through counsel) objected to the report as hearsay and stated he had his own expert whom he wanted to review the report. The Respondent testified he has lived in that location for 19 years and has a background in lawn maintenance and landscaping. He further stated he had this tree trimmed 5 (five) years ago and it is healthier now than before. The Respondent presented photographs to this effect. CONCLUSION OF LAW 6. The Respondent was cited for violation of Sec. 23-13 and 23.8 excessive pruning without a permit. The tree in the city right of way was excessively pruned and without a permit. The Respondent requested his expert be allowed to review the report and discuss the "regrowth" 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 matter is continued until the July 11, 2024 hearing (if needed) to allow the experts to determine with the City of Atlantic Beach as to whether regrowth will occur and/or if a fine or other remediation is necessary. m1 DONE AND ORDERED THIS DAY OF MAY, 2024. ATTEST: Ladayija Nichols, Deputy City Clerk fi Executed this ! day of MAY, 2024. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE SuzaAne 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.A.05 Sep 2024 Page 24 of 66 110)3 CODE ENFORCEMENT AA, s0 CITY OF ATLANTIC BEACH, FLORIDA VapyNOTICE OF HEARING r on o' 8/26/2024 Case Number: 24-014 SCHLENOFF ROBERT K POSTED ON PROPERTY AND 1094 STOCKS ST ATLANTIC BEACH CITY HALL ATLANTIC BEACH, FL 32233-2630 Property Address: STOCKS STREET RIGHT OF WAY ADJACENT TO 1094 STOCKS STREET; 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 5, 2024 at 2:30 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 STOCKS STREET RIGHT OF WAY DIRECTLY EAST OF 1094 STOCKS STREET, 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 Sec. 23-31. - General prohibitions. (b) Pruning or removal of city trees. It shall be unlawful for any person to trim,prune, or remove any tree which is within the city's rights-of-way or upon any other city property without the permission of the city as evidenced by the appropriate permit. Sec. 23-8. - Definitions. Excessive pruning shall mean the substantial alteration of a tree such that there is irreversible removal and/or damage of more than twenty-five (25)percent of the natural shape or form of a tree. STATEMENT OF CODE ENFORCEMENT OFFICER: This violation is irreparable and irreversible in nature. The city owned tree in the right of way has been excessively pruned. More than 25%ofthe natural shape of the tree was removed. No permission was granted by the city for the pruning. At the May 2024 hearing, Respondent's counsel claimed that they had an opposing arborist opinion but did not have that opinion in writing. Respondent was directed to submit that report to the City for review by the July hearing. To date, the City has not received any written documentation regarding the tree pruning. 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 Page 1 of 2 Agenda Item #4.A.05 Sep 2024 Page 25 of 66 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, Q ff hereby swear and affirm that the above statement 40i •• ant. 0 Ii. c , . Inzarry Code Enforcement Officer, City o Atlantic :each ATTEST: a_ ,,,..q ---Michelle Weippert Records Management Specialist Page 2 of 2 Agenda Item #4.A.05 Sep 2024 Page 26 of 66 Irizarry,Angela From: Don Pinaud <Don@afj.law> Sent: Friday, August 30, 2024 9:02 AM To:Irizarry,Angela Subject: Re: 1094 Stocks Street - Schlenoff Thank you. I appreciate the concern and consideration. Is there any way to reach some settlement with you before or do we have to wait for a hearing? I think the city has dealt with Early Piety for many years and respects his opinion. I have a letter from him recently that suggests the tree is fine, does not need special care and does not need to be removed.We also have the benefit of seeing how it is now. I confess that I have not seen it myself since before the last hearing. However according to Mrs. Schlenoff and Early, it's doing just fine visually also. You have any thoughts on this? Best Don Don Pinaud, Esq. All Florida Justice, LLC. Law Office of Don Pinaud 4530 St.John's Avenue Suite 15-202 Jacksonville, Florida 32210 904)552-5500-Talk or Text 904)467-3500- Fax AllFloridaJustice.com Don@AFJ.Law This transmission is intended by the sender and proper recipient(s)to be confidential, intended only for the proper recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s)you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error, or are not the proper recipient(s), please notify the sender at either the email address or telephone number above and delete this email from your computer. Receipt by anyone other than the proper recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. Thank you. On Aug 30,2024,at 8:37 AM, Irizarry,Angela<alrizarry@coab.us>wrote: Mr. Pinaud, Your request for a continuance is granted. I hope Mr. Schlenoff recovers soon. The next regularly scheduled hearing is Nov. 7th at 2:00 pm.The case will be calendared for then. 1 Agenda Item #4.A.05 Sep 2024 Page 27 of 66 From: Don Pinaud <Don@afj.law> Sent: Friday,August 30, 2024 12:42 AM To: Irizarry,Angela <alrizarry@coab.us> Subject: Re: 1094 Stocks Street-Schlenoff Ms. Irizarry: I understand from a notice sent to Mr.Schlenoff's home and provided me by his wife that this matter is back on the agenda for the city on September 5. I'm not sure why I did not receive the notice In any event, I respectfully have to ask for a continuance until another date sometime in October to be coordinated due to circumstances beyond control. First, Mr. Schlenoff is in the hospital and will be for some period last September 5.Additionally, starting on September 4, will be out of town and then out of the country until early October. As such, I respectfully ask that this matter be continued until a mutually acceptable date in October when both myself and Mr.Schlenoff can attend. Thank you in advance for your cooperation. With best regards I remain Sincerely, Don Pinaud, Esq. All Florida Justice, LLC. Law Office of Don Pinaud 4530 St.John's Avenue Suite 15-202 Jacksonville, Florida 32210 904)552-5500-Talk or Text 904)467-3500- Fax AllFloridaJustice.com Don@AFJ.Law This transmission is intended by the sender and proper recipient(s)to be confidential, intended only for the proper recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s)you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error, or are not the proper recipient(s), please notify the sender at either the email address or telephone number above and delete this email from your computer. Receipt by anyone other than the proper recipient(s) is not a waiver of any attorney- client,work product, or other applicable privilege. Thank you. On May 15,2024, at 2:33 PM, Irizarry,Angela<alrizarry@coab.us>wrote: 2 Agenda Item #4.A.05 Sep 2024 Page 28 of 66 Good afternoon, Attached is a copy of the Magistrate's order that was sent to Mr. Schlenoff. As you are aware, action was deferred until July 11`h if it is still necessary after we compare arborist's opinions. i d-"4(1/14/Y Angela Irizarry, Code Enforcement Officer City ofAtlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 O:(904) 247-5855 Want to receive City ofAtlantic Beach news by email?Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook at www.facebook.com/cityofatlanticbeach. Florida has a very broad public records law. Most written communications to or from state and local officials and agencies regarding state or local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Schlenoff 24-014.pdf> 3 Agenda Item #4.A.05 Sep 2024 Page 29 of 66 Page 30 of 66 Case Details City of Atlantic Beach Case Number 24-014 Printed: Tuesday, 03 September, 2024 1 of 4 Description: Excessive Trimming ROW tree Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 1/30/2024 Closed: Last Action: 9/17/2024 Fllw Up: 6/11/2024 Site Address: 1094 STOCKS ST ATLANTIC BEACH, FL 32233 Site APN: 171000 0000 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES OTHER Angela Irizarry 1/23/2024 1/23/2024 Abrielle Genest received call from Carol Ezell reporting that the gentleman at 1094 Stocks street severely cut back the oak tree in the right of way next to his property. Abrielle Genest and Angela Irizarry visited site the view the tree. TELEPHONE CALL Angela Irizarry 1/24/2024 1/24/2024 Spoke with Carol Ezell. She is willing to testify that she can confirm that Robert Schlenoff is the person responsible for cutting the tree in the right of way next to his house. NOTICE OF HEARING Angela Irizarry 1/31/2024 1/31/2024 CMRR STATUS UPDATE Angela Irizarry 2/5/2024 2/5/2024 Per usps.com, the certified letter was delivered on 2/2/2024. MEETING WITH RESPONDENT Angela Irizarry 2/5/2024 2/5/2024 Amanda Askew and I met with Mr. Schlenoff regarding the tree cutting. He stated that he did not know he needed a permit. He also stated that he was confident that the tree would not die because he cut the tree back like this once before approximately five years ago and it grew back just fine. He was apologetic and will be attending the hearing. TELEPHONE CALL Angela Irizarry 2/5/2024 2/5/2024 Received call from Robert Schlenoff. He said he received the letter regarding Agenda Item #4.A.05 Sep 2024Page 31 of 66 Case Details City of Atlantic Beach Case Number 24-014 Printed: Tuesday, 03 September, 2024 2 of 4 cutting the tree and asked to schedule a meeting to discuss in person. CMRR STATUS UPDATE Angela Irizarry 2/6/2024 2/6/2024 Received green card back but it was not signed. TELEPHONE MESSAGE Angela Irizarry 2/28/2024 2/28/2024 Received voicemail message from Robert Schlenoff asking if we had heard from the attorney he has obtained for this case. TELEPHONE MESSAGE Angela Irizarry 2/28/2024 2/28/2024 Returned call to Mr. Schlenoff and left message that we had not heard from his attorney. CODE ENFORCEMENT AGENDA Angela Irizarry 2/29/2024 3/4/2024 TELEPHONE CALL Angela Irizarry 2/29/2024 2/29/2024 Spoke with Robert Schlenoff. Mr. Schlenoff said that he had obtained Don Pinaud as counsel, and they would need an extension because his attorney was already scheduled in court on the 7th. EMAIL RECEIVED Angela Irizarry 3/6/2024 3/6/2024 Received email from Don Pinaud. (sent 3/5 @8:51pm) City agreed to reschedule hearing to May 2, 2024 at 2:00pm CODE ENFORCEMENT ORDER Angela Irizarry 3/7/2024 3/7/2024 Case deferred to May 2, 2024, at respondent's counsels request. CEB MEETING Angela Irizarry 5/2/2024 5/2/2024 Respondent was present with is attorney Don Pinaud. Action on case was withheld to give Respondent time to obtain his own written arborist report. MEETING WITH RESPONDENT Angela Irizarry 7/11/2024 7/11/2024 Mr. Schlenoff came into the office. He stated that the arborist they consulted, Early Piety, would not issue a letter so he contacted Joe Musgrove. Advised him we need the letter as soon as possible to avoid going back to the magistrate. NOTICE OF HEARING Angela Irizarry 8/14/2024 8/14/2024 Agenda Item #4.A.05 Sep 2024Page 32 of 66 Case Details City of Atlantic Beach Case Number 24-014 Printed: Tuesday, 03 September, 2024 3 of 4 CMRR STATUS UPDATE Angela Irizarry 8/26/2024 8/26/2024 Certified letter has not been delivered. NOH POST AND AFF Angela Irizarry 8/26/2024 8/26/2024 EMAIL RECEIVED Angela Irizarry 8/30/2024 8/30/2024 Email received from Mr. Schlenoff's counsel, Don Pinaud requesting a deferral. Mr. Schlenoff is in the hospital. CODE ENFORCEMENT AGENDA Angela Irizarry 9/3/2024 9/3/2024 OTHER Angela Irizarry 9/3/2024 9/3/2024 Received arborist report from Early Piety regarding tree. CODE ENFORCEMENT ORDER Angela Irizarry 9/17/2024 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL COMPLAINTANT EZELL CAROL 1104 STOCKS ST ATLANTIC BEACH, FL 32233 OWNER SCHLENOFF ROBERT K 1094 STOCKS ST ATLANTIC BEACH, FL 32233-2630 INSPECTIONS INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI 1/23/2024 1/23/2024 VIOLATION FOUND Tree was severely over pruned. Tree is located on City right of way Cut limbs were stacked on 1094 stocks street. VIOLATIONS Agenda Item #4.A.05 Sep 2024Page 33 of 66 Case Details City of Atlantic Beach Case Number 24-014 Printed: Tuesday, 03 September, 2024 4 of 4 VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES TREES - EXCESSIVE PRUNING Angela Irizarry 1/30/2024 Irreparable and Irreversible Sec. 23-31. - General prohibitions. (a)Excessive or improper pruning. It shall be unlawful for any person to engage in excessive or improper pruning techniques on trees required pursuant to an approved tree protection plan. Trees intended for shade purposes shall be allowed to reach their mature canopy spread. (b) Pruning or removal of city trees. It shall be unlawful for any person to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city property without the permission of the city as evidenced by the appropriate permit. Sec. 23-8. - Definitions. Excessive pruning shall mean the substantial alteration of a tree such that there is irreversible removal and/or damage of more than twenty-five (25) percent of the natural shape or form of a tree. Agenda Item #4.A.05 Sep 2024Page 34 of 66 Agenda Item #5.A.05 Sep 2024 Page 35 of 66 Agenda Item #5.A.05 Sep 2024 Page 36 of 66 jL lf CITY OF ATLANTIC BEACH ss‘i800 SEMINOLE ROAD e ATLANTIC BEACH,FL 32233 PHONE (904)247-5800 1 01319' 2/20/2024 HOLLIDAY KENNETH W 195 MAIN ST ATLANTIC BEACH,FL 32233-2525 Real Estate Number: 170842 0200 Case Number: 24-032 Location of Violation: 195 MAIN ST, 18-34 17-2S-29E .115 ATLANTIC BEACH SEC H LOT 2,PT CL ST RECD O/R 8233-1466 BLK 84 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 195 MAIN ST was conducted on 2/20/2024. 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 VIOLATIONS: 1. Boat/trailer storage-In accordance with code, boats must be parked so that they are at least 15 feet behind the front lot line of the property. The boat that is parked beside your house is parked in violation of code. This is a repeat violation and is subject to fmes of$500/day until corrected. 2.Number ofboats/trailers/RV-For lots less than 10,000 square feet,only 1 boat,trailer,or RV is permitted to be stored on the property. Your lot is less than 10,000 square feet and there are three ofthese types of vehicles on the lot. Two boats on a trailers and one RV.This is a repeat violation and subject to fmes of$500/day until corrected. 3. Outdoor storage-In accordance with code,outdoor storage of items normally stored within the house are not allowed to be stored outside in view ofthe street or neighbors. The front porch is being used for storage of clothing and boxes. Additionally, items including a pet carrier are piled up on top ofthe small boat on the south side of the house. APPLICABLE CODES: 1. Sec. 24-163.Recreational vehicles stored or parked on any residential lot shall be subject to the following provisions:(c)Recreational vehicles,boats,and trailers of all types, including travel,boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential zoning district, except in accordance with the following requirements: 1)Not more than one(1)recreational vehicles, boat or boat trailer,or other type of trailer shall be stored or parked on any residential lot which is 5000 square feet lot area or less. Minimum lot area of 10.000 square feet is required for storage or parking of any second recreational vehicle, boat or boat trailer or other type trailer. In no case may more than a total of two such vehicles and trailers be parked on any residential lot. Agenda Item #5.A.05 Sep 2024 Page 37 of 66 2)Recreational vehicles, boats or boat trailers or other type oftrailer shall not be parked or stored closer than fifteen(15)feet from the front lot line and shall be parked in a manner that is generally perpendicular to the front property line such that length is not aligned in a manner that extends across the front of the lot it being the intent that recreational vehicles, boats and trailers that are parked forward of the residence and should not excessively dominate the front ofthe lot. 2. Sec. 24-154. Outdoor display, sale and storage of furniture, household items, merchandise and business activities outside of enclosed buildings. (g)Within all residential zoning districts, and also including any property containing a residential use, household items, furniture and those items customarily intended for indoor use shall not be displayed, maintained or permanently stored outdoors, or in any location on the lot where such items shall be stored or properly disposed of to avoid mold, rodent and insect infestations which may result in health risks and which also create unsightly appearance that negatively affect neighborhoods. Such violations shall be corrected immediately upon written order from the city. 3. 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. This letter requests that the noted violation(s) be corrected by correct all the above violations 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 resulting in fines up to two hundred fifty dollars ($250.00)per day for the outdoor storage and fines up to $500 for each ofthe boat/RV storage violations. 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 code@coab.us if you have any questions or need additional information. I, Angela Irizarry hereby swear and affirm that the above statement is true and accurate. S'•.-rely, 1 i ngela Ir' CODE ENFORCEMENT Agenda Item #5.A.05 Sep 2024 Page 38 of 66 ifatiiv-„, 6 CITY OF ATLANTIC BEACH 64 ,''` . 4 800 SEMINOLE ROAD i ATLANTIC BEACH,FL 32233 PHONE (904) 247-5800 VrI3 ). 3/12/2024 HOLLIDAY KENNETH W 195 MAIN ST ATLANTIC BEACH, FL 32233-2525 Real Estate Number: 170842 0200 Case Number: 24-032 Location of Violation: 195 MAIN ST, 18-34 17-2S-29E .115 ATLANTIC BEACH SEC H LOT 2,PT CL ST RECD O/R 8233-1466 BLK 84 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 ofOrdinances in Chapter 6, Article II, Section 6-16. A code enforcement inspection at 195 MAIN ST was conducted on 2/20/2024 & 3/12/2024. 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 VIOLATIONS: 1. Boat/trailer storage- In accordance with code, boats must be parked so that they are at least 15 feet behind the front lot line ofthe property. The boat that is parked beside your house is parked in violation of code. This is a repeat violation and is subject to fines of$500/day until corrected. 2.Number of boats/trailers/RV-For lots less than 10,000 square feet, only 1 boat,trailer, or RV is permitted to be stored on the property. Your lot is less than 10,000 square feet and there are three of these types of vehicles on the lot. Two boats on a trailers and one RV.This is a repeat violation and is subject to fines of$500/day until corrected. 3. Outdoor storage-In accordance with code, outdoor storage of items normally stored within the house are not allowed to be stored outside in view of the street or neighbors. The front porch is being used for storage of clothing and boxes. Additionally, items including a pet carrier are piled up on top of the small boat on the south side of the house. 4. Vehicle with expired license plate—The damaged white pick up truck that was parked across the street on church property has been moved into your front yard. The truck has a license plate with an expiration date of 01- 23. APPLICABLE CODES: 1. Sec. 24-163.Recreational vehicles stored or parked on any residential lot shall be subject to the following provisions: (c)Recreational vehicles, boats,and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential zoning district, except in accordance with the following requirements: Agenda Item #5.A.05 Sep 2024 Page 39 of 66 1)Not more than one(1)recreational vehicles, boat or boat trailer, or other type of trailer shall be stored or parked on any residential lot which is 5000 square feet lot area or less. Minimum lot area of 10.000 square feet is required for storage or parking of any second recreational vehicle, boat or boat trailer or other type trailer. In no case may more than a total of two such vehicles and trailers be parked on any residential lot. 2)Recreational vehicles, boats or boat trailers or other type oftrailer shall not be parked or stored closer than fifteen(15)feet from the front lot line and shall be parked in a manner that is generally perpendicular to the front property line such that length is not aligned in a manner that extends across the front of the lot it being the intent that recreational vehicles,boats and trailers that are parked forward ofthe residence and should not excessively dominate the front ofthe lot. 2. Sec. 24-154. Outdoor display, sale and storage offurniture, household items, merchandise and business activities outside of enclosed buildings. (g)Within all residential zoning districts, and also including any property containing a residential use,household items, furniture and those items customarily intended for indoor use shall not be displayed, maintained or permanently stored outdoors, or in any location on the lot where such items shall be stored or properly disposed of to avoid mold,rodent and insect infestations which may result in health risks and which also create unsightly appearance that negatively affect neighborhoods. Such violations shall be corrected immediately upon written order from the city. 3. 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. 4. IPMC Sec. 302.8 Motor Vehicles "No inoperative or unlicensed motor vehicle shall be parked or kept or stored on any premises, and no vehicle shall at any time be in a state of disrepair, major disassembly or in the process or being stripped or dismantled". This letter requests that the noted violation(s) be corrected by reducing the number of boats/RVs to 1 total and parking that vehicle in compliance with code, removing all outside storage, and removing the junk truck with an expired tag within ten(10)days of the receipt of this notice. This is your final notice. 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 for each violation for the outdoor storage and inoperable vehicle violations and fines up to $500 for each of the boat/RV storage violations. 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 code@coab.us if you have any questions or need additional information. I, Angela Irizarry hereby swear and affirm that the above statement is true and accurate. ely, , gela Ir's:rry CODE E ORCEM Agenda Item #5.A.05 Sep 2024 Page 40 of 66 3/18/24,9:04 AM RequestTracker•Atlantic Beach•CivicEngage 3 HOMEPAGE DASHBOARD MODULES N., ANGELA I ••• HELP REQUESTTRACKER STATISTICS MAIN USERS PERMISSIONS TRY SEECLICKFIX BACK Atlantic Beach Problem Reporting and Tracking IN PROGRESS #2264 Request ADD COMMENT SUBMITTER CONTACT Category: Code Enfi v Last Modified: 3/18/2024 Diane Ellis dianeshearinellis6 PRINT WORK ORDER 9 rY 199 Main St Atlantic 904-252-3861Submitted: 3/16/2024 Request Type: Atlantic E ! Source: Online Form beach,Fl 32233 PRINT HISTORY 45.19.151.116 CLOSE REQUESTPriority: 3- Norm(v'. Assigned To: Irizarry,A v CC Email List khogencamp@coab.us J REQUEST DETAILS Description I am reporting a public health hazard particularly in the form of an unlicensed camper/trailer parked less than 50 feet from my front door/porch area.This camper/trailer has been parked in the same spot for the past 26 years without being moved and is now falling apart at the seams,and has black mold in several areas on the outside which I feel is a danger to me.The owner is constantly opening the doors&windows to this camper which I feel is a further heath hazard by exposing even more black mold on the inside of the camper.Once during a wind storm a big metal silver sheet blew off the top of the camper landing in my yard on my bushes which clearly indicates further endangerment by my neighbor by storing debris on top of the camper. I suspect View larger this neighbor of being somewhat of a hoarder&I am concerned about all the many,many items 195 Main St Atlantic Beach he has stacked in his yard&sitting there for years growing dangerous black mold,rust,& Fl 32233 Residents:Ken&standing water.Since the hurricane of 2017 this neighbor's fence has been falling down onto myKarenHoliday/Owners property which he will not fix&simply props his fence up against my bushes in order to hold up32233hisfence. My biggest concern however is the camper/trailer with all the black mold inside&out& being aired out constantly as a hazard to my health.The camper/trailer needs to be removed for Associated Requests reasons as a public health hazard.I do have pictures I can submit upon request of the opened camper being aired out&very close to my front porch,&also a picture of the big metal sheet that blew off the top of the camper onto my bushes.Thank you for any help you can be to resolve this problem.Please advise me as to whether or not I need to report this problem to another 4„.„A department such as the City of Jacksonville Health Dept etc.. Diane Ellis dianeshearinellis6@gmail.com. https://www.coab.us/Admin/RequestTracker.aspx 1/7 Agenda Item #5.A.05 Sep 2024 Page 41 of 66 VCITY OF ATLANTIC BEACH 800 SEMINOLE ROAD qui,,.ATLANTIC BEACH, FL 32233 PHONE (904)247-5800 A./ POSTED ON PROPERTY 5/16/2024 AND ATLANTIC BEACH CITY HALL HOLLIDAY KENNETH W 195 MAIN ST ATLANTIC BEACH, FL 32233-2525 Real Estate Number: 170842 0200 Case Number: 24-032 Location of Violation: 195 MAIN ST, 18-34 17-2S-29E .115 ATLANTIC BEACH SEC H LOT 2,PT CL ST RECD O/R 8233- 1466 BLK 84 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 195 MAIN ST was conducted on 5/15/2024. 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 VIOLATIONS: 1. Boat/trailer storage-In accordance with code, boats must be parked so that they are at least 15 feet behind the front lot line of the property. The boat that is parked beside your house is parked in violation of code. This is a repeat violation and is subject to fines of$500/day until corrected. 2.Number of boats/trailers/RV-For lots less than 10,000 square feet, only 1 boat,trailer,or RV is permitted to be stored on the property. Your lot is less than 10,000 square feet and there are three ofthese types of vehicles on the lot. Two boats on a trailers and one RV. This is a repeat violation and subject to fines of$500/day until corrected. 3. Outdoor storage- In accordance with code, outdoor storage of items normally stored within the house are not allowed to be stored outside in view of the street or neighbors. The front porch is being used for storage of clothing and boxes.Additionally, items including a pet carrier are piled up on top of the small boat on the south side ofthe house. 4. Fence maintenance-The wooden fence along the side property line is in nee of repair or replacement. The fence is falling over. Please note the a fence replacement requires an approved fence permit prior to replacement. APPLICABLE CODES: 1. Sec. 24-163. Recreational vehicles stored or parked on any residential lot shall be subject to the following provisions: (c)Recreational vehicles,boats, and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential zoning district,except in accordance with the following requirements: Agenda Item #5.A.05 Sep 2024 Page 42 of 66 1)Not more than one(1)recreational vehicles,boat or boat trailer,or other type of trailer shall be stored or parked on any residential lot which is 5000 square feet lot area or less.A minimum lot area of 10.000 square feet is required for storage or parking of any second recreational vehicle, boat or boat trailer or other type trailer. In no case may more than a total of two such vehicles and trailers be parked on any residential lot. 2)Recreational vehicles, boats or boat trailers or other type of trailer shall not be parked or stored closer than fifteen(15)feet from the front lot line and shall be parked in a manner that is generally perpendicular to the front property line such that length is not aligned in a manner that extends across the front of the lot it being the intent that recreational vehicles,boats and trailers that are parked forward ofthe residence and should not excessively dominate the front ofthe lot. 2. Sec. 24-154. Outdoor display,sale and storage offurniture, household items,merchandise and business activities outside of enclosed buildings. (g)Within all residential zoning districts, and also including any property containing a residential use, household items,furniture and those items customarily intended for indoor use shall not be displayed, maintained or permanently stored outdoors, or in any location on the lot where such items shall be stored or properly disposed of to avoid mold,rodent and insect infestations which may result in health risks and which also create unsightly appearance that negatively affect neighborhoods. Such violations shall be corrected immediately upon written order from the city. 3. 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. 4. Sec. 24-157. Fences, Walls and Similar Structures(e)Maintenance of fences. Fences that have been allowed to deteriorate to an excessive degree have a negative impact on property values and the quality of neighborhoods.Fences that are in a state ofneglect, damage or disrepair,shall be repaired, replaced or removed. This letter requests that the noted violation(s) be corrected by correct all the above violations 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 for the fence and outdoor storage and fines up to $500 for each of the boat/RV storage violations. 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 code@coab.us ifyou have any questions or need additional information. I, Angela Irizarry hereby swear and affirm that the above statement is true and accurate. erely 411 Angel. CODE FORC •• • Agenda Item #5.A.05 Sep 2024 Page 43 of 66 8/14/2024 CODE ENFORCEMENT CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING HOLLIDAY KENNETH W 195 MAIN ST ATLANTIC BEACH, FL 32233-2525 Dear Respondent: Case Number: 24-032 Certified Mail Return Receipt: 7013 1710 0002 1691 8632 Property Address: 195 MAIN ATLANTIC BEACH, FL You are hereby notified and ordered to appear at the next public hearing ofthe Code Enforcement Special Magistrate on September 5, 2024 at 2:30 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 1226 HIBISCUS ST, 18-34 17 -2S -29E SEC H ATLANTIC BCH LOTS 5,6 BLK 230 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 APPLICABLE CODES: Sec. 24-163. (c) Recreational vehicles, boats, and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential zoning district, except in accordance with the following requirements: (2) Recreational vehicles, boats or boat trailers or other type of trailer shall not be parked or stored closer than fifteen (15) feet from the front lot line and shall be parked in a manner that is generally perpendicular to the front property line such that length is not aligned in a manner that extends across the front of the lot it being the intent that recreational vehicles, boats and trailers that are parked forward ofthe residence and should not excessively dominate the front of the lot. Sec. 24-163. Recreational vehicles stored or parked on any residential lot shall be subject to the following provisions: (c) Recreational vehicles, boats, and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential zoning district, except in accordance with the following requirements: 1) Not more than one (1) recreational vehicles, boat or boat trailer, or other type of trailer shall be stored or parked on any residential lot which is 5000 square feet lot area or less. Minimum lot area of 10.000 square feet is required for storage or parking of any second recreational vehicle, boat or boat trailer or other type trailer. In no case may more than a total of two such vehicles and trailers be parked on any residential lot. Page I of 3 Agenda Item #5.A.05 Sep 2024 Page 44 of 66 IPMC Sec. 302.8 Motor Vehicles "No inoperative or unlicensed motor vehicle shall be parked or kept or stored on any premises, and no vehicle shall at any time be in a state of disrepair, major disassembly or in the process or being stripped or dismantled". Sec. 24-157. Fences, Walls and Similar Structures (e) Maintenance of fences. Fences that have been allowed to deteriorate to an excessive degree have a negative impact on property values and the quality of neighborhoods. Fences that are in a state of neglect, damage or disrepair, shall be repaired , replaced or removed. 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. Sec. 24-154. Outdoor display, sale and storage of furniture, household items, merchandise and business activities outside of enclosed buildings. (g) Within all residential zoning districts, and also including any property containing a residential use, household items, furniture and those items customarily intended for indoor use shall not be displayed, maintained or permanently stored outdoors, or in any location on the lot where such items shall be stored or properly disposed of to avoid mold, rodent and insect infestations which may result in health risks and which also create unsightly appearance that negatively affect neighborhoods. Such violations shall be corrected immediately upon written order from the city. STATEMENT OF CODE ENFORCEMENT OFFICER: 1. Boats/RV - This is a repeat violation. Two boats and an RV are parked on the property. One of the boats encroach into the 15 -foot setback required for these types ofvehicles. Code requires a minimum lot size of 10,000 square feet in order to park more than one boat, trailer, or RV. This lot area is 4843 square feet. 2. Inoperable Vehicles — There are multiple inoperable vehicles parked on the lot. 3. Side wooden fence is falling over. Parts ofthe fence are constructed of 4. Front porch is being used as a storage area for household items. 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. Page 2 of 3 Agenda Item #5.A.05 Sep 2024 Page 45 of 66 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. ATTEST: Michelle Weippert, Records hereby swear and affirm that the above statement Page 3 of 3 Agenda Item #5.A.05 Sep 2024 Page 46 of 66 rN 4 v 6N Agenda Item #5.A.05 Sep 2024 Page 47 of 66 F Agenda Item #5.A.05 Sep 2024 Page 48 of 66 Agenda Item #5.A.05 Sep 2024 Page 49 of 66 r i Agenda Item #5.A.05 Sep 2024 Page 50 of 66 Agenda Item #5.A.05 Sep 2024 Page 51 of 66 y. OF AAA" 71: Ilk Agenda Item #5.A.05 Sep 2024 Page 52 of 66 71. , . Agenda Item #5.A.05 Sep 2024 Page 53 of 66 Aug, 26, 2024 at 2: 11: 21 PM r 4 R' A ell vi I S 5 i 11i' I ISI i i Agenda Item #5.A.05 Sep 2024 Page 54 of 66 p c NP Aty viii..^ Y x Agenda Item #5.A.05 Sep 2024 Page 55 of 66 k I..\ * v Yi• _ail t s c' r. V. Agenda Item #5.A.05 Sep 2024Page 56 of 66 Yll Aug 26 2.424 12:63TM Agenda Item #5.A.05 Sep 2024Page 57 of 66 a. LO i Agenda Item #5.A.05 Sep 2024Page 58 of 66 I-AJ •CODE ENFORCEMENT 4 iitCITY OF ATLANTIC BEACH, FLORIDA iirj. F) NOTICE OF HEARING 8/26/2024 Case Number: 24-032 HOLLIDAY KENNETH W POSTED ON PROPERTY 195 MAIN ST AND ATLANTIC BEACH CITY HALL ATLANTIC BEACH, FL 32233-2525 Property Address: 195 MAIN ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on September 5, 2024 at 2:30 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 1226 HIBISCUS ST, 18-34 17-2S-29E SEC H ATLANTIC BCH LOTS 5,6 BLK 230 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 APPLICABLE CODES: Sec. 24-163. (c) Recreational vehicles, boats, and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential zoning district, except in accordance with the following requirements: (2) Recreational vehicles, boats or boat trailers or other type of trailer shall not be parked or stored closer than fifteen(15) feet from the front lot line and shall be parked in a manner that is generally perpendicular to the front property line such that length is not aligned in a manner that extends across the front of the lot it being the intent that recreational vehicles, boats and trailers that are parked forward of the residence and should not excessively dominate the front of the lot. Sec. 24-163. Recreational vehicles stored or parked on any residential lot shall be subject to the following provisions: (c) Recreational vehicles, boats, and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential zoning district, except in accordance with the following requirements: 1)Not more than one(1)recreational vehicles,boat or boat trailer, or other type oftrailer shall be stored or parked on any residential lot which is 5000 square feet lot area or less. Minimum lot area of 10.000 square feet is required for storage or parking of any second recreational vehicle,boat or boat trailer or other type trailer. In no case may more than a total of two such vehicles and trailers be parked on any residential lot. Page 1 of 3 4 Agenda Item #5.A.05 Sep 2024 Page 59 of 66 IPMC Sec. 302.8 Motor Vehicles "No inoperative or unlicensed motor vehicle shall be parked or kept or stored on any premises, and no vehicle shall at any time be in a state of disrepair, major disassembly or in the process or being stripped or dismantled". Sec. 24-157. Fences, Walls and Similar Structures (e) Maintenance of fences. Fences that have been allowed to deteriorate to an excessive degree have a negative impact on property values and the quality of neighborhoods. Fences that are in a state of neglect, damage or disrepair, shall be repaired ,replaced or removed. 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. Sec. 24-154. Outdoor display, sale and storage of furniture, household items, merchandise and business activities outside of enclosed buildings. (g) Within all residential zoning districts, and also including any property containing a residential use,household items,furniture and those items customarily intended for indoor use shall not be displayed, maintained or permanently stored outdoors, or in any location on the lot where such items shall be stored or properly disposed of to avoid mold, rodent and insect infestations which may result in health risks and which also create unsightly appearance that negatively affect neighborhoods. Such violations shall be corrected immediately upon written order from the city. STATEMENT OF CODE ENFORCEMENT OFFICER: 1. Boats/RV -This is a repeat violation. Two boats and an RV are parked on the property. One of the boats encroach into the 15-foot setback required for these types of vehicles. Code requires a minimum lot size of 10,000 square feet in order to park more than one boat, trailer, or RV. This lot area is 4843 square feet. 2. Inoperable Vehicles—There are multiple inoperable vehicles parked on the lot. 3. Side wooden fence is falling over. Parts of the fence are constructed of 4. Front porch is being used as a storage area for household items. 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. Page 2 of 3 Agenda Item #5.A.05 Sep 2024 Page 60 of 66 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, ccDet 20-11 LI hereby swear and affirm that the above statement0is - . urat- Alp '1 Ange a Iri ,,;,+ Code Enfolurr ent Offic;r, City •f Atlantic Beach ATTEST: A ,1 k )Itlit-4-------- Michelle Weippert, Records Mana ement Specialist Page 3 of 3 Agenda Item #5.A.05 Sep 2024 Page 61 of 66 Page 62 of 66 Case Details City of Atlantic Beach Case Number 24-032 Printed: Tuesday, 03 September, 2024 1 of 4 Description: Report of trash and vehicles Status: ACTIVE CASE Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 2/16/2024 Closed: Last Action: 9/17/2024 Fllw Up: 8/23/2024 Site Address: 195 MAIN ST ATLANTIC BEACH, FL 32233 Site APN: 170842 0200 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES NOV REG Angela Irizarry 2/20/2024 2/20/2024 NOV REG Angela Irizarry 3/12/2024 3/12/2024 OTHER Angela Irizarry 3/16/2024 3/16/2024 Received a second complaint from a different neighbor. OTHER Angela Irizarry 4/2/2024 4/2/2024 Met with complainant onsite. NOV POST Angela Irizarry 5/16/2024 5/16/2024 NOTICE OF HEARING Angela Irizarry 8/14/2024 8/14/2024 CMRR STATUS UPDATE Angela Irizarry 8/26/2024 8/26/2024 Certified letter has not been delivered. NOH POST AND AFF Angela Irizarry 8/26/2024 8/26/2024 CODE ENFORCEMENT AGENDA Angela Irizarry 9/3/2024 9/3/2024 Agenda Item #5.A.05 Sep 2024Page 63 of 66 Case Details City of Atlantic Beach Case Number 24-032 Printed: Tuesday, 03 September, 2024 2 of 4 CODE ENFORCEMENT ORDER Angela Irizarry 9/17/2024 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL ADDITIONAL CONTACT 1 ELLIS DIANE S 199 MAIN ST ATLANTIC BEACH, FL 32233- 2525 COMPLAINTANT ALEY MARK REVOCABLE TRUST 240 MAIN ST ATLANTIC BEACH, FL 32233- 2528 OWNER HOLLIDAY KENNETH W 195 MAIN ST ATLANTIC BEACH, FL 32233- 2525 INSPECTIONS INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI 2/16/2024 2/20/2024 VIOLATION FOUND REINSPECTION AI 3/5/2024 3/12/2024 VIOLATION CONTINUES 1. two boats and 1 RV still there 2. Outside storage violations still there. 3. Junk truck from church property across the street has been moved into front yard. It has an expired tag with a date of 01-23 REINSPECTION AI 5/16/2024 5/16/2024 VIOLATION CONTINUES Send letter than schedule for Sept hearing. VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES Fence Maintenance Angela Irizarry 5/16/2024 Sec. 24-157. Fences, Walls and Similar Structures (e) Maintenance of fences. Fences that have been allowed to deteriorate to an excessive degree have a negative Agenda Item #5.A.05 Sep 2024Page 64 of 66 Case Details City of Atlantic Beach Case Number 24-032 Printed: Tuesday, 03 September, 2024 3 of 4 impact on property values and the quality of neighborhoods. Fences that are in a state of neglect, damage or disrepair, shall be repaired , replaced or removed. HEAVY VEHICLE (TOO MANY) Angela Irizarry 2/20/2024 Sec. 24-163. Recreational vehicles stored or parked on any residential lot shall be subject to the following provisions: (c) Recreational vehicles, boats, and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential zoning district, except in accordance with the following requirements: (1) Not more than one (1) recreational vehicles, boat or boat trailer, or other type of trailer shall be stored or parked on any residential lot which is 5000 square feet lot area or less. Minimum lot area of 10.000 square feet is required for storage or parking of any second recreational vehicle, boat or boat trailer or other type trailer. In no case may more than a total of two such vehicles and trailers be parked on any residential lot. HEAVY VEHICLE STORE (FYD) Angela Irizarry 2/20/2024 Sec. 24-163. (c) Recreational vehicles, boats, and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential zoning district, except in accordance with the following requirements: (2) Recreational vehicles, boats or boat trailers or other type of trailer shall not be parked or stored closer than fifteen (15) feet from the front lot line and shall be parked in a manner that is generally perpendicular to the front property line such that length is not aligned in a manner that extends across the front of the lot it being the intent that recreational vehicles, boats and trailers that are parked forward of the residence and should not excessively dominate the front of the lot. MOTOR VEHICLE Angela Irizarry 3/12/2024 Front Yard IPMC Sec. 302.8 Motor Vehicles "No inoperative or unlicensed motor vehicle shall be parked or kept or stored on any premises, and no vehicle shall at any time be in a state of disrepair, major disassembly or in the process or being stripped or dismantled". OUTSIDE STORAGE RESIDENTIAL Angela Irizarry 2/20/2024 Sec. 24-154. Outdoor display, sale and storage of furniture, household items, merchandise and business activities outside of enclosed buildings. (g) Within all residential zoning districts, and also including any property containing a residential Agenda Item #5.A.05 Sep 2024Page 65 of 66 Case Details City of Atlantic Beach Case Number 24-032 Printed: Tuesday, 03 September, 2024 4 of 4 use, household items, furniture and those items customarily intended for indoor use shall not be displayed, maintained or permanently stored outdoors, or in any location on the lot where such items shall be stored or properly disposed of to avoid mold, rodent and insect infestations which may result in health risks and which also create unsightly appearance that negatively affect neighborhoods. Such violations shall be corrected immediately upon written order from the city. OUTSIDE STORAGE RESIDENTIAL (173) Angela Irizarry 2/20/2024 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.05 Sep 2024Page 66 of 66