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
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Agenda Item #4.A.05 Sep 2024
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Agenda Item #4.A.05 Sep 2024
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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
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Complete items 1,2,and 3. A. Signature
Print your name and address on the reverse X
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Agenda Item #4.A.05 Sep 2024
Page 13 of 66
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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-.
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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
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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