11-7-24 CESM Agenda
City of Atlantic Beach
Agenda
Code Enforcement Special Magistrate Meeting
Thursday, November 7, 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 9-5-24 regular meeting of the Special Magistrate.
9-5-24 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 STOCKS ST
CE 1094 Stocks St Case #24-014
Case Details 24-014
5 - 46
5. NEW BUSINESS
5.A.
CASE: 23-188
NAME: CARY COSGROVE
ADDRESS: 1827 TIERRA VERDE DR
CE 1827 Tierra Verde Dr Case #23-188
Case Details 23-188
47 - 67
5.B. CASE: 24-140
NAME: GLAVIN THOMAS
ADDRESS: 346 SARGO
CE 346 Sargo Road Case #24-140
Case Details 24-140
69 - 83
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
Page 1 of 83
Code Enforcement Special Magistrate - 07 Nov 2024
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
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 83
Code Enforcement Special Magistrate
September 5, 2024
MINUTES
Code Enforcement Special Magistrate Meeting
Thursday, September 5, 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 PM.
2. APPROVAL OF MINUTES
A. Approve minutes of the July 11, 2024 regular meeting of the Special Magistrate
meeting.
The minutes were approved as submitted.
3. ADMINISTRATION OF OATH
None.
4. OLD BUSINESS
A. CASE: 24-014
NAME: SCHLENOFF ROBERT
ADDRESS: 1094 STOCK STREET
Testified: CE Officer Irirzarry
Respondent: Robert Sclenoff was not present.
Action: The matter is continued until the November 7, 2024 hearing to allow the experts
to determine with the City of Atlantic Beach and the Respondent as to whether regrowth
will occur and/or if a fine or other remediation is necessary.
5. NEW BUSINESS
A. CASE: 24-032
NAME: HOLLIDAY KENNETH
ADDRESS: 195 MAIN ST
Testified: CE Officer Irirzarry
Page 1 of 2
Agenda Item #2.A.07 Nov 2024
Page 3 of 83
Code Enforcement Special Magistrate
September 5, 2024
Respondent: Christopher Kopp was not present.
Action: The Respondent is found in violation of the enumerated codes and shall have ten
(10) days from the date of this Order to correct the violations. Failure to timely correct
the violations shall find the Respondent in a repeat violation for the Boat/RV storage
with a fine of Five Hundred ($500.00) dollars per day and the violation for the outdoor
storage with a fine of Two Hundred and fifty ($250.00) per day.
6. ADJOURNMENT
The meeting adjourned at 2:11 PM.
Attest:
Date Approved:_____________________
Suzanne Green, Special Magistrate Ladayija Nichols, Deputy City Clerk
Page 2 of 2
Agenda Item #2.A.07 Nov 2024
Page 4 of 83
Agenda Item #4.A.07 Nov 2024
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Agenda Item #4.A.07 Nov 2024
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Agenda Item #4.A.07 Nov 2024
Page 10 of 83
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.07 Nov 2024
Page 11 of 83
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.07 Nov 2024
Page 12 of 83
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
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so that we can return the card to you.0 Addressee
Attach this card to the back of the mailpiece,B. Received by(Printed Name) C. Date of Delivery
or on the front if space permits.
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3. Serve r7 Priority Mail Express®
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ver$500)
PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt
Agenda Item #4.A.07 Nov 2024
Page 13 of 83
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Agenda Item #4.A.07 Nov 2024
Page 14 of 83
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.07 Nov 2024
Page 15 of 83
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.07 Nov 2024
Page 16 of 83
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.07 Nov 2024
Page 17 of 83
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.07 Nov 2024
Page 18 of 83
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.07 Nov 2024
Page 19 of 83
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.07 Nov 2024
Page 20 of 83
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.07 Nov 2024
Page 21 of 83
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.07 Nov 2024
Page 22 of 83
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.07 Nov 2024
Page 23 of 83
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.07 Nov 2024
Page 24 of 83
I"LN CODE ENFORCEMENT
J3 `
A`` s CITY OF ATLANTIC BEACH, FLORIDAoa
NOTICE OF HEARING
8/14/2024 Case Number: 24-014
SCHLENOFF ROBERT K Certified Mail Return Receipt:
1094 STOCKS ST 7013 1710 0002 1691 8571
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 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
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% of the 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.07 Nov 2024
Page 25 of 83
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, kik / OJ hereby swear and affirm that the above statement
is ^ .ccurate. \
Ange a Iriz %
0.46
Code Enforcement Officer, ity of . antic Beach
ATTEST:
Michelle Weippert
Records Management Specialist
Page 2 of 2
Agenda Item #4.A.07 Nov 2024
Page 26 of 83
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US POSTAGE
Agenda Item #4.A.07 Nov 2024
Page 27 of 83
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.07 Nov 2024
Page 28 of 83
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.07 Nov 2024
Page 29 of 83
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.07 Nov 2024
Page 30 of 83
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.07 Nov 2024
Page 31 of 83
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.07 Nov 2024
Page 32 of 83
Irizarry,Angela
From: Don Pinaud <Don@afj.law>
Sent: Tuesday, September 3, 2024 10:22 AM
To:Irizarry,Angela
Subject: Re: 1094 Stocks Street - Schlenoff
Here you go. Please...just go drive by the tree. You can see reality for yourself.
Thanks.
Don
II
1
Agenda Item #4.A.07 Nov 2024
Page 33 of 83
4
vvS
1' %AG' -.
C[RTIR[D
Early Piety
CERTIFIED ARBORIST sPEC,AITY R/ORI T g
E SURGEONSNS INTERNATIONAL SOCIETY
7 V iW OF ARBORICULTURE
TREE PRESERVATION CONSIMOS
ARBORIST REPORT
August 29, 2024
Don Pinaud, Esq.
Law Office of Don Pinaud
4530 St. John's Ave., Suite 15-202
Jacksonville, FL 32210
Phone: (904) 552-5500
Email: Don@afj.law
Mr. Pinaud,
I am writing this letter at your request concerning the 25" Laurel Oak tree on
city property at Stocks Street, Atlantic Beach. This tree is not dead, the tree
has been severely impacted by the heavy pruning cuts. This tree is growing
new growth to compensate for the removal of the exterior crown. The tree
will continue to survive for years to come and will not need any remedial
trimming or pruning. As a professional, I do not agree with this type of
pruning however, this pruning has not killed the tree and doesn't need any
follow up action.
Should you have •ny further questions please call.
Early Pie , President
ISA Certified Arborist#SO-0584A
Specialty Tree Surgeons, Inc.
Specializing In Diagnosing Tree Disease"
5960 Philips Highway • Jacksonville, Florida 32216 • (904) 733-4455
Email:treesws@att.net • www.specialtytree.info
Agenda Item #4.A.07 Nov 2024
Page 34 of 83
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner
vs.
SCHLENOFF, ROBERT K
1094 Stocks St
Atlantic Beach, Florida 32233-2630
SCHLENOFF, TATYANA N
Respondent.
First Class and Certified Mail Return Receipt
Requested: 7022 2410 0000 9340 7203
Property Address: 1094 STOCKS ST.
Atlantic Beach, FL 32233
CASE NUMBER: 24-014
REAL ESTATE NUMBER: 171000-0000
LEGAL DESCRIPTION: 18 -3417 -2S -29E. 22, ATLANTIC BEACH SEC H, LOTS 1, S 1 /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 September
5, 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
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 two hearings. At the first hearing the Respondent requested a continuance, in order to obtain
counsel. At the second hearing, the Respondent appeared with counsel, Mr. Don Pinaud. The
Respondent did not appear at this hearing.
2. Neighbors had previously contacted the City ofAtlantic 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 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 the tree five (5) years ago
and it grew back just fine.
4. Previously, the City ofAtlantic 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 $1,500.00 per
pruning. The City of Atlantic Beach stated that they believe the damage is irreversible and
Agenda Item #4.A.07 Nov 2024
Page 35 of 83
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.
6. The City of Atlantic Beach has not received a written report from the Respondent's expert. Also,
the Respondent has requested another continuance due to being hospitalized at this time. The
City ofAtlantic Beach had no objection to the continuance until the November hearing date.
CONCLUSION OF LAW
7. The Respondent was originally 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 ofAtlantic 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 November 7, 2024 hearing to allow the experts to
determine with the City of Atlantic Beach and the Respondent as to whether regrowth
will occur and/or if a fine or other remediation is necessary.
t
DONE AND ORDERED THIS DAY OF SEPTEMBER, 2024.
ATTEST:
Ladayija Nichols, Deputy City Clerk
Yh
Executed this day of SEPTEMBER, 2024.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
SuzanWe 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.07 Nov 2024
Page 36 of 83
SENDER: COMPLE I F- THIS SECTION C;)MPLETE THIS SECTION ON DELIVERY
Complete items 1,2,and 3. A. Signature `,/
Print your name and address on the reverse 0 Agent
I so that we can return the card to you. I 0 Addressee
B. Received• (Printed Nam-4C. Date of DeliveryIInAttachthiscardtothebackofthemailpiece,
or on the front if space permits. Reefer.SGT( .. C,FF
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
CC)/1fr Ar, ff
2` l bl4--
Hilt 1111111111 11111111111 III111111 111IIIII'll
IfYES,enter delivery address below: 0 No
3. Service
stered Ex0press®
Signature Restricted Delivery 0 Registeredistred Mail Restricted
0 Certified Mail® Delivery
9590 9402 7880 2234 5497 01 0 Certified Mail Restricted Delivery 0 Signature Confirmation?M
Collect on Delivery 0 Signature Confirmation
mg--2-Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery
Insured Mail
7022 2 410 0000 9340 7203 Insured Mail Restricted Delivery
over$500)
PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Reg Ipt
Agenda Item #4.A.07 Nov 2024
Page 37 of 83
Irizarry,Angela
From: Don Pinaud <Don@afj.law>
Sent: Friday, October 25, 2024 3:21 PM
To:Irizarry,Angela
Subject: Re: 1094 Stocks Street - Schlenoff
Thanks very much. My phone (cell) is 904-910-7352. 1 appreciate the consideration.
What suggestion do you have for resolving this? Cutting down the tree is wasteful and unnecessary and results in
the ironic loss of a large tree. It does not need expensive and routine fertilization.That's rather obvious.That said,
the fact that my client should not have cut it is not in dispute. He should not have.
What do you think is a fair resolution? I can absolutely assure you it won't ever happen again.
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 Oct 25, 2024, at 3:16 PM, Irizarry,Angela<alrizarry@coab.us>wrote:
Mr. Pinaud
We have not reached an informal resolution at this time. While the city is no longer considering the
situation to be irreversible or irreparable, there remains the issue of work conducted on city property
without the necessary permits and trimming the canopy more than 25%.
1
Agenda Item #4.A.07 Nov 2024
Page 38 of 83
Regarding the meeting on 11/7, I understand your prior commitment and appreciate your suggestion to
appear via video or phone. I would rather move this forward and not defer again so that your client has
some resolution, so plan on appearing via telephone. Please send me a good number to reach you.
Please let me know if you have any additional thoughts or if there's a possibility of discussing this further
to work toward a resolution.
Best regards,
From: Don Pinaud <Don@afj.law>
Sent:Thursday, October 24, 2024 7:40 PM
To: Irizarry,Angela <alrizarry@coab.us>
Subject: Re: 1094 Stocks Street-Schlenoff
Ms. Irizarry:
Were you able to discuss an informal resolution in this matter? Have you driven by the
tree? Truly...it's fine.
I believe this matter was being moved to 11/7. If we are still going forward I am not going to be
personally available that day because I have to accompany my wife in an important matter that I
cannot change as we have been waiting literally years. Is it possible for me to appear via video or
phone? I can certainly do that. But I hope that possibly we can just resolve this.
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.
2
Agenda Item #4.A.07 Nov 2024
Page 39 of 83
CODE ENFORCEMENT
CITY OF ATLANTIC BEACH, FLORIDA
o
p NOTICE OF HEARING
10/28/2024 Case Number: 24-014
SCHLENOFF ROBERT K POSTED ON POPERTY 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 November 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 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 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:
The city owned tree in the right of way has been excessively pruned. More than 25% of the 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's counsel submitted their own arborist opinion on 9/3/2024. The city has
reviewed the report and found that they violations of trimming more than 25% and trimming a tree in
City owned property still exist.
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.07 Nov 2024
Page 40 of 83
presence of a court reporter for the purpose of ensuring a verbatim record in the event an appeal should
be secured at your expense.
I, Anaa 'Lt \-t11 hereby swear and affirm that the above statement
as
Angela Iri
Code Enforcement Officer, ity of Atlantic Beach
ATTEST:
14,1;2
Michelle Weippert
Records Management Special st
I
I
I
Page 2 of 2
Agenda Item #4.A.07 Nov 2024
Page 41 of 83
Page 42 of 83
Case Details City of Atlantic Beach Case Number 24‐014
Printed: Monday, 04 November, 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 Agenda Item #4.A.07 Nov 2024
Page 43 of 83
Case Details City of Atlantic Beach Case Number 24‐014
Printed: Monday, 04 November, 2024
2 of 4 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 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. Agenda Item #4.A.07 Nov 2024
Page 44 of 83
Case Details City of Atlantic Beach Case Number 24‐014
Printed: Monday, 04 November, 2024
3 of 4 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 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 EMAIL RECEIVED Angela Irizarry 10/24/2024 10/24/2024 Received request from Don Pinaud, attorney for respondent to appear via video or telephone. Granted request so that we can move the matter forward and not defer. NOH POST AND AFF Angela Irizarry 10/28/2024 10/28/2024 Met with Mr. Schlenoff and hand delivered NOH. Agenda Item #4.A.07 Nov 2024
Page 45 of 83
Case Details City of Atlantic Beach Case Number 24‐014
Printed: Monday, 04 November, 2024
4 of 4 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 VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES TREES ‐ EXCESSIVE PRUNING Angela Irizarry 1/30/2024 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.07 Nov 2024
Page 46 of 83
Agenda Item #5.A.07 Nov 2024
Page 47 of 83
Agenda Item #5.A.07 Nov 2024
Page 48 of 83
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
PHONE (904) 247-5800
9/13/2023
COSGROVE CARY S
1827 TIERRA VERDE DR
ATLANTIC BEACH, FL 32233
Real Estate Number: 169542 5088 Case Number: 23-188
Location of Violation: 1827 TIERRA VERDE DR, 38-28 09-2S-29E SELVA TIERRA LOT 44
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 1827 TIERRA VERDE DR was conducted on 9/13/2023. The City of
Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic
Beach Code of Ordinances:
NATURE OF VIOLATION: A pool permit was issued for your property on 8/3/2021. According to
our records, no final inspection was ever requested for the pool or associated electrical permit and the
permits have expired. In accordance with the Florida Building Code, final inspections for swimming
pools is required.
APPLICABLE CODE: FBC 110.3 Required inspections. - The building official upon notification from
the permit holder or his or her agent shall make the following inspections, and shall either release that
portion of the construction or shall notify the permit holder or his or her agent of any violations which
must be corrected in order to comply with the technical codes. The building official shall determine the
timing and sequencing of when inspections occur and what elements are inspected at each inspection.
7. Swimming pool inspection. First inspection to be made after excavation and installation of reinforcing
steel, bonding and main drain and prior to placing of concrete. Final inspection to be made when the
swimming pool is complete and all required enclosure requirements are in place.
In order to pass final inspection and receive a certificate ofcompletion, a residential swimming pool
must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code.
This letter requests that the noted violation(s) be corrected by renewing the permits and
requesting a final pool & electric inspection within ten (10) days of the receipt of this notice. Please
contact the City of Atlantic Beach building department for information on permit renewal cost
and payment by calling 904-247-5800 opt. 2 or emailing building-dept@coab.us.
Agenda Item #5.A.07 Nov 2024
Page 49 of 83
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may
result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two
hundred fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility
to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code
Enforcement at (904) 247-5855 or 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.
rely,
CA.i?
rThgelsIr' rry
CODE ENFORCEMENT
Agenda Item #5.A.07 Nov 2024
Page 50 of 83
s yfj CITY OF ATLANTIC BEACHv
J 1 800 SEMINOLE ROADA' 1 ATLANTIC BEACH FL 32233
J PHONE (904) 247-5800iipp)
r It )? CERTIFIED RETURN RECEIPT
7013 1710 0002 1691 9905
10/2/2023
COSGROVE CARY S
1827 TIERRA VERDE DR
ATLANTIC BEACH, FL 32233
Real Estate Number: 169542 5088 Case Number: 23-188
Location of Violation: 1827 TIERRA VERDE DR, 38-28 09-2S-29E SELVA TIERRA LOT 44
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 review of the building department permit records for 1827 TIERRA VERDE DR was conducted on
9/13/2023 & 10/2/2023. The City of Atlantic Beach Code Enforcement has found your property to be in
violation of the City of Atlantic Beach Code of Ordinances:
NATURE OF VIOLATION: A pool permit was issued for your property on 8/3/2021. According to
our records, no final inspection was ever requested for the pool or associated electrical permit and the
permits have expired. In accordance with the Florida Building Code, final inspections for swimming
pools is required.
APPLICABLE CODE: FBC 110.3 Required inspections. - The building official upon notification from
the permit holder or his or her agent shall make the following inspections, and shall either release that
portion ofthe construction or shall notify the permit holder or his or her agent of any violations which
must be corrected in order to comply with the technical codes. The building official shall determine the
timing and sequencing ofwhen inspections occur and what elements are inspected at each inspection.
7. Swimming pool inspection. First inspection to be made after excavation and installation of reinforcing
steel, bonding and main drain and prior to placing ofconcrete. Final inspection to be made when the
swimming pool is complete and all required enclosure requirements are in place.
In order to pass final inspection and receive a certificate of completion, a residential swimming pool
must meet the requirements relating to pool safety features as described in Section 454.2.17 ofthis code.
This letter requests that the noted violation(s) be corrected by renewing the permits and
requesting a final pool& electric inspection within ten (10) days of the receipt of this notice. Please
contact the City of Atlantic Beach building department for information on permit renewal cost
and payment by calling 904-247-5800 opt.2 or emailing building-dent(a,coab.us.
Agenda Item #5.A.07 Nov 2024
Page 51 of 83
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may
result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two
hundred fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility
to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code
Enforcement at (904) 247-5855 or 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.
sIle ,,
rely,
Angela Ir. 1 y
CODE ENFORCEMENT
Agenda Item #5.A.07 Nov 2024
Page 52 of 83
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4.91119'r
Permit Number: P00121-0021 Description:SWIMMING POOL
Applied:5/28/2021 Approved:6/ 8/2021 Site Address: 1827 TIERRA VERDE DR
Issued:8/3/2021 Finaled: City,State Zip Code:Atlantic Beach,Fl 32233
Status: EXPIRED Applicant:<NONE>
Parent Permit: Owner:COSGROVE CARY 5
Parent Project: Contractor:<NONE>
Details:
LIST OF INSPECTIONS
SEQ SCHEDULED DATE COMPLETED DATE TYPE INSPECTOR RESULT REMARKS
ID
PUBLIC WORKS LoomjPOOLFINALScottWilliams
Notes:
BUILDING POOL
FINAL Mike Jones
Notes:
ELECTRICAL
GROUNDING
Mike Jones
Notes:
BUILDING Mike Jones
ACCESSIBILITY
Notes:
9/17/2021 9/17/2021
BUILDING POOL
Rick Bell PASSED
STEEL
Notes:
RD:334-5421
10/18/2021 10/ 18/2021
ELECTRICAL Dan Arlington CANCELLED
GROUNDING
Notes:
no electric permit
called and left word with RD 334-5421
No electrical permit
I 12/9/2021 I 12/10/2021
BUILDINGTPOOL I Rick Bell FAILED NO FEE ISAFEY
Notes:
RD 334-5421
2"under fences to grade
double gates need one came bolt fixed in place closed with bolt&nut
Printed:Tuesday,07 November,2023 1 of 2 CENTRALSQUARE
Agenda Item #5.A.07 Nov 2024
Page 55 of 83
riI l,r
rL`
J'
J 1
gates need adjustment to close and latch
12/17/2021 12/17/2021
BUILDING POOL Rick Bell PASSED
SAFETY
Notes:
RD 334-5421
i
Printed:Tuesday,07 November, 2023 2 of 2 4; CENTRALSQUARE
Agenda Item #5.A.07 Nov 2024
Page 56 of 83
ryr
Permit Number: POOL21-0021 Description:SWIMMING POOL
Applied:5/28/2021 Approved:6/ 8/2021 Site Address: 1827 TIERRA VERDE DR
Issued:8/3/2021 Finaled: City,State Zip Code:Atlantic Beach,Fl 32233
Status: EXPIRED Applicant:<NONE>
Parent Permit: Owner:COSGROVE CARY S
Parent Project: Contractor:<NONE>
Details:
LIST OF ACTIONS .._.
SCHEDULED DATE COMPLETED DATE TYPE STAFF
6/ 7/2021 6/7/2021 MISCELLANEOUS Toni Gindlesperger
Notes:
POOL ONLY-REMOVED CABANA
STRUCTURE NEEDS TO BE PULLED BY A CONTRACTOR
MIKE NOTIFIED POOL CONTRACTOR
6/8/2021 6/8/2021 EMAIL Christian Giles
Notes:
sent review comments to contractor
6/9/2021 6/ 9/2021 EMAIL Christian Giles
Notes:
Sent payment link to:rd@islandpools.org
8/3/2021 8/ 3/2021 EMAIL Christian Giles
Notes:
Sent payment link again to:Sent payment link to:rd@islandpools.org as requested
i wally 8/17/2023 8/17/2023 EMAIL Abrielle Genest
Notes:
emailed RD Gray<rd@islandpools.org>;COSGRCS@GMAIL.COM to check on permit status
Printed:Tuesday,07 November,2023 1 of 1 4, CENTRALSQUARE
Agenda Item #5.A.07 Nov 2024
Page 57 of 83
CITY OF ATLANTIC BEACH
f
p10)
p , 800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
f.I- T)
PHONE (904) 247-5800
9/1/2024
COSGROVE CARY S
1827 TIERRA VERDE DR
ATLANTIC BEACH, FL 32233
Real Estate Number: 169542 5088 Case Number: 23-188
Location of Violation: 1827 TIERRA VERDE DR, 38-28 09-2S-29E SELVA TIERRA LOT 44
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 review of the building department records for 1827 TIERRA VERDE DR was conducted on
9/11/2024. 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 VIOLATION: A pool permit was issued for your property on 8/ 3/2021. The final
inspection for the pool and associated electric permit were not completed and that permit was allowed to
expire. On 11/16/2023 the permit was renewed. The pool project was reinspected and according to
building deparment records, the electric permit was passed but the overall pool permit failed the final
inspection.
APPLICABLE CODE: FBC 110.3 Required inspections. - The building official upon notification from
the permit holder or his or her agent shall make the following inspections, and shall either release that
portion of the construction or shall notify the permit holder or his or her agent of any violations which
must be corrected in order to comply with the technical codes. The building official shall determine the
timing and sequencing of when inspections occur and what elements are inspected at each inspection.
7. Swimming pool inspection. First inspection to be made after excavation and installation of reinforcing
steel, bonding and main drain and prior to placing of concrete. Final inspection to be made when the
swimming pool is complete and all required enclosure requirements are in place.
In order to pass final inspection and receive a certificate of completion, a residential swimming pool
must meet the requirements relating to pool safety features as described in Section 454.2.17 ofthis code.
This letter requests that the noted violation(s) be corrected by submitting a revised application to
correct the issues raised in the final inspection comments within 10 days and implementing an
approved permit plan once it has been issued. Please contact the City of Atlantic Beach building
Agenda Item #5.A.07 Nov 2024
Page 58 of 83
department for information on permit renewal cost and payment by calling 904-247-5800 opt. 2 or
emailing building-dept(acoab.us.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may
result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two
hundred fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility
to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code
Enforcement at (904) 247-5855 or 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.
Si rely, O.
Ange a Iri
CODE EN ORCE
cc: ISLAND POOLS, LLC
1546 LINKSIDE DR
ATLANTIC BEACH, FL 32233
Agenda Item #5.A.07 Nov 2024
Page 59 of 83
4g ~ , errni nspecti
City of AtlanticJ Ber
Permit Number: POOL21-0021 Description: SWIMMING POOL-renewed
Applied:5/28/2021 Approved:6/8/2021 Site Address: 1827 TIERRA VERDE DR
Issued:8/3/2021 Finaled: City,State Zip Code:Atlantic Beach, Fl 32233
Status: ISSUED Applicant:<NONE>
Parent Permit: Owner:COSGROVE CARY S
Parent Project: Contractor:<NONE>
Details:
LIST OF INSPECTIONS
SEQ SCHEDULED DATE COMPLETED DATE TYPE INSPECTOR RESULT REMARKS
ID
ELECTRICAL
GROUNDING Mike Jones
Notes:
BUILDING Mike Jones
ACCESSIBILITY
Notes:
PUBLIC WORKS
POOL FINAL Derek Martin
Notes:
ZONING CC Brian Broedell
Notes:
9/17/2021 9/ 17/2021
BUILDING POOL
Rick Bell PASSEDSTEEL
Notes:
RD:334-5421
10/18/2021 10/18/2021
ELECTRICAL
Dan Arlington CANCELLEDGROUNDING
Notes:
no electric permit
called and left word with RD 334-5421
No electrical permit
12/9/2021 12/10/2021 I BUILDING POOL
Rick Bell I FAILED NO FEE
SAFETY
Notes:
RD 334-5421
2" under fences to grade
double gates need one came bolt fixed in place closed with bolt&nut
gates need adjustment to close and latch
Printed:Wednesday, 11 September,2024 1 of 2 CENTRALSQUARE
Agenda Item #5.A.07 Nov 2024
Page 60 of 83
s
12/ 17/2021 12/ 17/2021 BUILDING POOL Rick Bell PASSED
SAFETY
Notes:
RD 334-5421
BUILDING POOL Contract
11/20/2023 11/20/2023
FINAL
Universal PASSED
Engineering
Notes:
R.D 334-5421
11/20/2023 11/21/2023 PUBLIC WORKS Derek Martin FAILED NO FEE
POOL FINAL
Notes:
R.D 334-5421
Entire back yard with the exception of the pool area has been covered with synthetic turf.This work was not part of the pool contractor but installed at
some point after the completion of the pool and today.The turf was not permitted and therefore considered impervious.Retention is required if turf is
to remain and a new take-off concerning the Impervious ratio on the property would also need to be conducted. If turf is to remain without retention
and considered pervious,a sample would need to be submitted for testing and a permit would have to be submitted as well showing the area that has
been turfed.The base material would need to be inspected in order to verify it meets the COAB base material specification for turf base compliance
having less than 10%fines.The slope would also need to be graded away from the north Property line.Right now,it is sloped toward the North
Property and water is considered to be sheeting in the direction.Pictures have been attached...
11/ 27/2023 11/27/2023 ZONING CC Brian Broedell FAILED NO FEE
Notes:
R.D.334-5421
Trees were removed without a tree removal permit.
Printed:Wednesday, 11 September,2024 2 of 2 CENTRALSQUARE
Agenda Item #5.A.07 Nov 2024
Page 61 of 83
Agenda Item #5.A.07 Nov 2024
Page 62 of 83
Agenda Item #5.A.07 Nov 2024
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
Complete items.1,2,and 3. A. Signature
Print your name and address on the reverse X
El Agent
so that we can return the card to you.
Addressee
111 Attach this car$hto the back of the mailpiece,B. Rec . by,'rinfed Name) C. Date of Delivery
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
If YES,enter delivery address below: 0 No
CO JcJ(0\1e, c3 1Bb
11111 III 111111 11111 1111111111
3. Service Type
0 Adult Signature
0 Priority Mail Express®
0 Registered Mail.'"
0 Adult Signature Restricted Delivery 0 Registered Mail Restricted
I 0 Certified Mail® Delivery
9590 9402 5982 0062 6050 43 0 Certified Mail Restricted Delivery 0 Return Receipt for
0 Collect on Delivery Merchandise
0 Collect on Delivery Restricted Delivery 0 Signature Confirmation.'"'2. Article Number(Transfer from service label) 0 Signature ConfirmationredMail
7 013 1710 0002 16 91 0803 i Mail Restricted Delivery Restricted Delivery
a
10)
PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt •
Agenda Item #5.A.07 Nov 2024
Page 64 of 83
Case Details City of Atlantic Beach Case Number 23‐188
Printed: Monday, 04 November, 2024
1 of 3 Description: Expired pool & elec permit Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 9/13/2023 Closed: Last Action: 11/19/2024 Fllw Up: 10/24/2024 Site Address: 1827 TIERRA VERDE DR ATLANTIC BEACH, FL 32233 Site APN: 169542 5088 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES CMRR STATUS UPDATE Angela Irizarry 10/5/2023 10/5/2023 Per usps.com, the certified NOV letter dated 10/2/2023 was delivered on 10/5/2023 CMRR STATUS UPDATE Angela Irizarry 10/23/2024 CODE ENFORCEMENT AGENDA Angela Irizarry 10/31/2024 CODE ENFORCEMENT ORDER Angela Irizarry 11/19/2024 EMAIL RECEIVED Angela Irizarry 11/4/2024 11/4/2024 Mr. Cosgrove emailed applications for the tree removal and the artificial turf on Sun. 11/3. The applications were not signed and notarized. Replied by email that they needed to be complete and gave him the option to come to City Hall to use our notary service. EMAIL SENT Angela Irizarry 11/7/2023 11/7/2023 Emailed Mr. Cosgrove to follow up. Agenda Item #5.A.07 Nov 2024
Page 65 of 83
Case Details City of Atlantic Beach Case Number 23‐188
Printed: Monday, 04 November, 2024
2 of 3 NOTICE OF HEARING Angela Irizarry 10/16/2024 10/16/2024 NOV CERT Angela Irizarry 10/2/2023 10/2/2023 NOV REG Angela Irizarry 9/13/2023 9/13/2023 NOV REG Angela Irizarry 9/11/2024 9/11/2024 OTHER Angela Irizarry 11/16/2023 11/16/2023 Pool permit was renewed. Expires 4/16/2024. OTHER Angela Irizarry 11/27/2023 11/27/2023 Failed final inspection again. OTHER Angela Irizarry 4/16/2024 4/16/2024 Pool permit expired a second time. TELEPHONE CALL Angela Irizarry 10/28/2024 10/28/2024 Telephone conversation with Mr. Cosgrove Reviewed inspection notes with Mr. Cosgrove and went over a path to get compliant or permitted for each one. Mr. Cosgrove will submit relevant permit applications to address the deficiency comments. Mr. Cosgrove asked if he still needed to attend the meeting on the 7th. Advised him that the issue will still be on the agenda for the 11/7 meeting but that the City would not object to an extension as long as he submitted his applications and worked towards compliance. CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER COSGROVE CARY S 1827 TIERRA VERDE DR ATLANTIC BEACH, FL 32233 INSPECTIONS INSPECTION TYPE INSPECTOR SCHEDULED COMPLETED RESULT REMARKS NOTES Agenda Item #5.A.07 Nov 2024
Page 66 of 83
Case Details City of Atlantic Beach Case Number 23‐188
Printed: Monday, 04 November, 2024
3 of 3 DATE DATE INITIAL INSPECTION AI 9/13/2023 9/13/2023 VIOLATION FOUND REINSPECTION AI 9/27/2023 10/2/2023 VIOLATION CONTINUES Permit is still expired. REINSPECTION AI 12/6/2023 12/6/2023 Permit has been renewed. New expiration date is 4/16/2024 REINSPECTION AI 4/17/2024 5/15/2024 VIOLATION CONTINUES Pool permit failed final inspection and according to building records, the inspections results were emailed on 11/28/2023 to contractor and property owner. Permit has expired again. VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES REQUIRED INSPECTIONS ‐ POOL Angela Irizarry 9/13/2023 110.3 Required inspections. ‐ The building official upon notification from the permit holder or his or her agent shall make the following inspections, and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. 7. Swimming pool inspection. First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete. Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. Agenda Item #5.A.07 Nov 2024
Page 67 of 83
Page 68 of 83
Agenda Item #5.B.07 Nov 2024
Page 69 of 83
Agenda Item #5.B.07 Nov 2024
Page 70 of 83
41-.E 6 CITY OF ATLANTIC BEACHILr
800 SEMINOLE ROAD
s..,
ATLANTIC BEACH, FL 32233
rV, ,?
PHONE (904)247-5800
8/ 7/2024
GLAVIN THOMAS
1158 WOOD DUCK HOLLOW
JACKSONVILLE, FL 32259
Real Estate Number: 171686 0000 Case Number: 24-140
Location of Violation: 346 SARGO RD, 31-16 17-2S-29E R/P OF PT OF ROYAL PALMS UNIT 2 A LOT 18
BLK 24 Atlantic Beach, Florida
Dear Property Owner:
Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing
construction activities and also maintenance standards for property within the City. These standards are set forth
in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the
City ofAtlantic Beach Code ofOrdinances in Chapter 6, Article II, Section 6-16.
A code enforcement inspection at 346 SARGO RD was conducted on 8/7/2024. 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 VIOLATION: Lawn is overgrown and in need of mowing.
APPLICABLE CODE: Sec. 12-1 Nuisances (b)It is hereby declared to be a nuisance,the enumerations of
which are merely indications of the nature ofthe type of acts, occurrences and conditions, and shall not be
deemed to be exclusive: (11)For any person or business to allow vegetation other than cultivated plants, shrubs or
trees to exceed a height of more than twelve(12) inches on any developed lot, or within twenty(20)feet ofany
occupied residential property,business property or city right of way.
This letter requests that the noted violation(s) be corrected by mowing the grass within five (5) days of the
receipt of this notice.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in
this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty
dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and
arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-
5855 or 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.
Cal-erlyNce, 1
r
Angela Iri
CODE ENFORCEME
Agenda Item #5.B.07 Nov 2024
Page 71 of 83
S 1., r f
Ly
J
CITY OF ATLANTIC BEACH
411,4SA 800 SEMINOLE ROAD
ma;
s1 ATLANTC , L 2233
PHICONEBEA(
904)HF247-58030
01319' CERTIFIED RETURN RECEIPT
7013 1710 0002 1691 0667
8/26/2024
GLAVIN THOMAS
1158 WOOD DUCK HOLLOW
JACKSONVILLE, FL 32259
Real Estate Number: 171686 0000 Case Number: 24-140
Location of Violation: 346 SARGO RD, 31- 16 17-2S-29E R/P OF PT OF ROYAL PALMS UNIT 2 A
LOT 18 BLK 24 Atlantic Beach, Florida
Dear Property Owner:
Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations
governing construction activities and also maintenance standards for property within the City. These
standards are set forth in the International Property Maintenance Code and the Florida Building Code
and were adopted as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II,
Section 6-16.
A code enforcement inspection at 346 SARGO RD was conducted on 8/7/2024. 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. Lawn is overgrown and in need of mowing.
2. There is an accumulation of contractor debris on the lot and under the carport.
3. Fence is damaged.
APPLICABLE CODES:
1. Sec. 12-1 Nuisances (b) It is hereby declared to be a nuisance, the enumerations of which are
merely indications of the nature of the type of acts, occurrences and conditions, and shall not be
deemed to be exclusive: (11) For any person or business to allow vegetation other than cultivated
plants, shrubs or trees to exceed a height of more than twelve(12) inches on any developed lot, or
within twenty (20) feet ofany occupied residential property, business property or city right of
way.
2. Sec. 16-8. - Removal of lot clearing, contractors' debris; oil and grease.Trash and debris caused
from tree removal or trimmings or debris from lot clearing shall be removed by the owner. The
owner or contractor performing the work shall remove contractors' debris caused from building,
rebuilding or otherwise altering of buildings or structures. Spent oils or greases accumulated at
garages, filling stations or similar establishments will not be removed by the franchisee.
3. 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
Agenda Item #5.B.07 Nov 2024
Page 72 of 83
the quality of neighborhoods. Fences that are in a state of neglect, damage or disrepair, shall be
repaired,replaced or removed.
This letter requests that the noted violation(s) be corrected by mowing the grass and removing the
debris within five (5) days and repairing the fence 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 may
result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two
hundred fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility
to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code
Enforcement at (904) 247-5855 or 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.
Si. --rely,
gela A zarry
CODE ENFORC
Agenda Item #5.B.07 Nov 2024
Page 73 of 83
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JACKSONVILLE, FL 32257.
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Agenda Item #5.B.07 Nov 2024
Page 75 of 83
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Agenda Item #5.B.07 Nov 2024Page 77 of 83
Agenda Item #5.B.07 Nov 2024
Page 78 of 83
Agenda Item #5.B.07 Nov 2024
Page 79 of 83
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
Complete items 1,2,and 3. A. Signature
Print your name and address on the reverse X 0 Agent
so that we can return the card to you.T. Addressee
Attach this card to the back of the mailpiece,B. Received by(Printed Name) t of Deliv ry
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? Yes
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9590 9402 5982 0062 6054 01 0 Certified Mail® DeliveryCertifiedMailRestrictedDelivery0ReturnReceipt for
0 Collect on Delivery Merchandise
2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation'"'Signature Confirmationi70131710000216910681RestrictedDeliveryRestrictedDelivery
PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt
Agenda Item #5.B.07 Nov 2024
Page 80 of 83
Case Details City of Atlantic Beach Case Number 24‐140
Printed: Monday, 04 November, 2024
1 of 3 Description: Overgrown Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 8/7/2024 Closed: Last Action: 11/19/2024 Fllw Up: 10/15/2024 Site Address: 346 SARGO RD ATLANTIC BEACH, FL 32233 Site APN: 171686 0000 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES NOV REG Angela Irizarry 8/7/2024 8/7/2024 NOV CERT Angela Irizarry 8/26/2024 8/26/2024 CMRR STATUS UPDATE Angela Irizarry 8/30/2024 8/30/2024 Per usps.com, certified letter was delivered at 3:24pm NOTICE OF HEARING Angela Irizarry 10/1/2024 10/1/2024 CMRR RECEIVED W/SIGNATURE Angela Irizarry 10/16/2024 10/16/2024 CODE ENFORCEMENT AGENDA Angela Irizarry 11/4/2024 11/4/2024 CODE ENFORCEMENT ORDER Angela Irizarry 11/19/2024 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL Agenda Item #5.B.07 Nov 2024
Page 81 of 83
Case Details City of Atlantic Beach Case Number 24‐140
Printed: Monday, 04 November, 2024
2 of 3 OWNER GLAVIN THOMAS 1158 WOOD DUCK HOLLOW JACKSONVILLE, FL 32259 INSPECTIONS INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI 8/7/2024 8/7/2024 VIOLATION FOUND Lot is overgrown REINSPECTION AI 8/14/2024 8/26/2024 VIOLATION CONTINUES REINSPECTION AI 9/3/2024 9/3/2024 CHECK Grass VIOLATION CONTINUES REINSPECTION AI 9/17/2024 9/17/2024 VIOLATION CONTINUES VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES CONTRACTOR DEBRIS Angela Irizarry 8/26/2024 Front Yard Sec. 16‐8. ‐ Removal of lot clearing, contractors' debris; oil and grease.Trash and debris caused from tree removal or trimmings or debris from lot clearing shall be removed by the owner. The owner or contractor performing the work shall remove contractors' debris caused from building, rebuilding or otherwise altering of buildings or structures. Spent oils or greases accumulated at garages, filling stations or similar establishments will not be removed by the franchisee. FENCE MAINTENANCE Angela Irizarry 8/26/2024 Sec. 24‐157. Fences, Walls and Similar Structures (e) Maintenance of fences. Fences that have been Agenda Item #5.B.07 Nov 2024
Page 82 of 83
Case Details City of Atlantic Beach Case Number 24‐140
Printed: Monday, 04 November, 2024
3 of 3 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. NUISANCE ‐ OVERGROWN Angela Irizarry 8/7/2024 Sec. 12‐1 Nuisances (b) It is hereby declared to be a nuisance, the enumerations of which are merely indications of the nature of the type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (11) For any person or business to allow vegetation other than cultivated plants, shrubs or trees to exceed a height of more than twelve(12) inches on any developed lot, or within twenty (20) feet of any occupied residential property, business property or city right of way. Agenda Item #5.B.07 Nov 2024
Page 83 of 83
