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CE 532 ATLANTIC BEACH CT CASE 18-293 Property Appraiser- Property Details Page 1 of 2 VRIGA RYANT Primary Site Address Official Record Book/Page Tile# 532 ATLANTIC BEACH CT 532 ATLANTIC BEACH CT 17024-00538 9408 ATLANTIC BEACH,FL 32233 Atlantic Beach FL 32233 MCLAUGHLIN BRENNA S 532 ATLANTIC BEACH CT Property Detail Value Summary RE# 169505-1405 2017 Certified 2018 In Progress Tax District USD3 Value Method CAMA }CAMA 1 PropertyUse 0100 Single Family Total Building Value $0.00 $875,583.00 r#of Buildings._ 1 Extra Feature Value $0.00 $26,125.00 Legal Dela For full legal description see Land Value(Market) $248,640.00 $288,960.00 Land&Legal section below Land Value(Aark.1 $0.00 $0.00 Subdivision 06884 ATLANTIC BEACH COUNTRY CLUB UNIT 02 Just(Market)Value $248,640.00 $1,190,668.00 Total Area 113719 Assessed Value $248,640.00 $1,190,668.00 _ The sale of this property may result in higher property taxes.For more information go Cap Diff/Portability Amt $0.00/$0.00 $0.00/$0.00 to Save Our Homes and our Property Tax Estimator.'In Progress'property values, Exemptions $0.00 See below exemptions and other supporting information on this page are part of the working tax roll and are subject to change.Certified values listed in the Value Summary are those Taxable Value $248,640.00 See below certified in October,but may include any official changes made after certification Learn how the Property Appraiser's Office values Drooerty. Taxable Values and Exemptions—In Progress+ If there are no exemptions applicable to a taxing authority,the Taxable Value is the same as the Assessed Value listed above in the Value Summary box. County/Municipal Taxable Value S)RWMD/FIND Taxable Value School Taxable Value Assessed Value $1,190,668.00 AcsPssed Value $1,190,668.00 Assessed Value $1,190,668.00 Homestead(HX) -$25,000.00 Homestead(HX) -$25,000.00 Homestead(HX) -$25,000.00 Homestead Banding 196.031(1)(b)(HB) Homestead Banding 196.031(1)(b)(HB) Taxable Value $1,165,668.00 -$25,000.00 -$25,000.00 Taxable Value $1,140,668.00 Taxable Value $1,140,668.00 Sales History ' Book/Page I Sale Date 1 Sale Price I Deed Instrument Type Code ;Oualified/Unoualified Vacant/Improved 1 17024-00538 112/23/2014 $425,000.00 I SW-Special Warranty I Qualified Vacant 00067-00132 111/21/2014 ; $100.00 I PB-Plat Book Unqualified Vacant Extra Features ' LN Feature Code I Feature Description Bldg. I Length 'Width !Total Units I Value 11 1 FPGR7 Fireplace Gas ! 1 10 0 1.00 I $5,512.00 2 POLR3 Pool i 1 1 0 0 11.00 I $20,613.00 Land&Legal Land Legal ! I ' Land Land Land LN I Legal Description LN I c_gilg I Use Description Zoning I Front!Depth Category,Units !Tyne ,I Value I 1 1 67-132 08-2S-29E.315 1 RES GOLF LD 3-7 UNITSi I Front 1 0150 ASPA 1 70.00 j 120.00 I Common 70.00 $288,960.00 ATLANTIC BEACH COUNTRY PER AC . ! Footage 2 CLUB UNIT 2 13 1 LOT 22 Buildings . Building 1 Building 1 Site Address I Element I Code I Detail 532 ATLANTIC BEACH CT Unit Atlantic Beach FL 32233 I Exterior Wall 18 !8 Horizontal Lap I Exterior Wall 117 1 17 C.B.Stucco l , °, Li Building Type 0108-SFR CLASS 2 IRoof Struct 3 3 Gable or Hip r e f L p Year Built 2017 I Roofing Cover 3 i 3 Asph/Comp Sting i r11,i" :,,,, Building Value $875,583.00 I Interior Wall 15 j 5 Drywall L z,.r�L lI I Int Flooring 11 1 11 Cer Clay Tile Effective I Int Flooring1 14 Carpet Tvce i Area I AreaArea I Heating Fuel 44 !4 Electric https://paopropertysearch.coj.netBasic/Detail.aspx?RE=1695051405 9/27/2018 ,, ,- -,J-\17 j , CITY OF ATLANTIC BEACH J �. 800 SEMINOLE ROAD ' i., r ATLANTIC BEACH, FL 32233 PHONE (904)247-5800 r�J';},r' CERTIFIED MAIL RETURN RECEIPT REQUESTED 70170660000038567174 9/17/2018 VRIGA RYANT 532 Atlantic Beach Court ATLANTIC BEACH, FL 32233-5810 Real Estate Number: 169505 1405 Case Number: 18-293 Location of Violation: 532 ATLANTIC BEACH CT, Atlantic Beach, Florida Dear Property Owner: Please be advised, Atlantic Beach Code Enforcement has found your property referenced above to be in violation of the City of Atlantic Beach, Code of Ordinances,to wit: VIOLATION(S) Sec. 24-164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with a depth greater than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at least four (4) feet in height and designed in compliance with all applicable state and local regulations. This letter requests that the noted violation(s) be corrected by upon receipt of this notice. To avoid having this case be referred to the Code Enforcement Board, all listed violations on this notice must be in compliance on or before the date established by Atlantic Beach Code Enforcement. The Board may impose fines up to two hundred fifty ($250.00) per day for continuing violations. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance. It is our goal to keep our neighborhoods looking well maintained while protecting property values and your cooperation in this matter is greatly appreciated. Please contact Atlantic Beach Code Enforcement at(904) 247-5855 if you have any questions or need additional information. Sincerely, in ju 9._. .)._<._ Mike Jones Building Inspector 247-5844 mjones@coab.us I. . •os a ervice CERTIFIED MAIL° RECEIPT Domestic Mail Only "1 For delivery information,visit our website at www.usps.com . 4-- xi Certified Mail Fee 71 Extra Services&Fees(check box,add fee as appropnate) ❑Return Receipt(hardcopy) $ • ❑Return Receipt(electronic) $ Postmark ❑Certified Mall Restricted Delivery $ Here • ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ Postage Total Postage and Fees Sent To 1.<` c / Z9 I _ 5 • Street and Apt.No., r PO Box No. Gr J City,State,ZIP+4b �r1-li1/Idl-1�11il I j .4 !, , City of Atlantic Beach 1 1 jl j p F'R`T- `� ��A' �� _ neo ost ;, 800 Seminole Road 09/17/2018 -� rr 1 US POSTAGE {�.o70 `' Atlantic Beach, Florida 32233 7017 0660 0000 3856 7174 par0 ZIP 2233 40784 flij q q g VRIGA RYANT 532 Atlantic Beach Court Y „: y O1.1".. u 'V r ;` RL."jRt' TO SENDER ATLANTIC BEACH, FL 32233-5810 °TT a TG 1, - r 0T 1< ^!, W►.� UN ARLC .TO O r O R W A D v 6 Real Estate Number: 169505 140577 Caselltfr BC: i3 g2 2j3 B5 4 6 j9-9 x 5SSa ti 44-F 0 r ¢¢ -yy 4 ..(r 2-.); 5:i•CL1 Iliihliiiil`liillillilliitliiiiiiltiliiilil;iiiliiiil1 ilillii l I w . SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse X 0 Agent so that we can return the card to you. 0 Addressee • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. - - 4 1. Article Addressed to: D. Is delivery address different from item 1? '❑Yes If YES,enter delivery address below: 0 No OCT 1 1 2018 V - kt 1111111 IIII III II(II I II I I I I III III I 111111 3. Service Type ❑Adult Signature ❑Priority Mail Express® ❑Registered MaiIT"' ❑Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 3831 8032 5651 92 0 Certified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 9 Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM d Mail 0 Signature Confirmation 7 017 0660 0000 3856 717 4 id Mil Restricted Delivery Restricted Delivery . PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt g CITY OF ATLANTIC BEACH �t1800 SEMINOLE ROAD J ) ' ATLANTIC BEACH,FL 32233 PHONE (904)247-5800 -,4us119'1" 1.. /i7 9/17/2018 VRIGA RYANT 532 Atlantic Beach Court ATLANTIC BEACH, FL 32233-5810 Real Estate Number: 169505 1405 Case Number: 18-293 Location of Violation: 532 ATLANTIC BEACH CT, Atlantic Beach, Florida Dear Property Owner: Please be advised, Atlantic Beach Code Enforcement has found your property referenced above to be in violation of the City of Atlantic Beach, Code of Ordinances, to wit: VIOLATION(S) Sec. 24-164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with a depth greater than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at least four (4) feet in height and designed in compliance with all applicable state and local regulations. This letter requests that the noted violation(s) be corrected upon receipt of this notice. To avoid having this case be referred to the Code Enforcement Board, all listed violations on this notice must be in compliance on or before the date established by Atlantic Beach Code Enforcement. The Board may impose fines up to two hundred fifty ($250.00) per day for continuing violations. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance. It is our goal to keep our neighborhoods looking well maintained while protecting property values and your cooperation in this matter is greatly appreciated. Please contact Atlantic Beach Code Enforcement at(904)247-5855 if you have any questions or need additional information. Sincerely, Mike Jones Building Inspector 247-5844 mjones@coab.us White, Debbie it/ 5 From: Arlington, Daniel Sent: Monday, September 24, 2018 4:10 PM To: White, Debbie;Jones, Mike Subject: No pool barrier Attachments: ABCC PUD Text.pdf The ABCC PUD/SPA text is attached. Section N, second paragraph references COAB Chapter 24,Article Ill, Division 7, which includes Section 24-164, Swimming Pools. Section 24-164(C) requires all pools to be enclosed. Da IA Arlivtgtovt Dan Arlington, CBO Building Official City of Atlantic Beach, Florida darlington(a coab.us (904) 247-5813 1 U.S. Postal Service' CERTIFIED MAIL® RECEIPT ✓ Domestic Mail Only ✓ For delivery information,visit our website at www.usps.com®. ✓ Certified Mail Fee ✓ $ 11 Extra Services&Fees(check box,add fee as appropriate) 0 Return Receipt(hardcopy) $ 0 Return Receipt(electronic) $ Postmark ❑Certified Mail Restricted Delivery $ Here 3 ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ Postage 7 $ - Total Postage and Fees `• SentT 1r 7 Street and Ap o.,or O ox No. bity,$tate,ZIP+4• g . • • T -TM CERTIFIED MAILTM RECEIPT o (Domestic Mail Only;No Insurance Coverage Provided) n For delivery information visit our website at www.usps.coma O Postage $ Certified Fee Postmark 3• Return Receipt Fee Here (Endorsement Required) 3 Restricted Delivery Fee ] (Endorsement Required) koc.9" Total Postage&Fees $ I Sent To 17 3• Street,Apt.No.; 6- or PO Box No. City,State,ZIP+4 ' " U.S. Postal Service' CERTIFIED MAIL° RECEIPT 13 Domestic Mail Only 3 For delivery information,visit our website at www.usps.com°c ✓ Certified Mail Fee ✓ $ D Extra Services&Fees(check box,add fee as appropriate) 0 Return Receipt(hardcopy) 7 $ 7 0 Return Receipt(electronic) $ Postmark 0 Certified Mail Restricted Delivery $ Here 0 Adult Signature Required $ 0 Adult Signature Restricted Delivery$ Postage 7 $ Total Postage and Fees A $ Sent To Sheet a t. o.,or Box t✓ity,State,ZIP+40 I. • • - -TM CERTIFIED MAILTM RECEIPT 3 (Domestic Mail Only;No insurance Coverage Provided) • For delivery information visit our website at www.usps.com® r O Postage $ A Certified Fee ✓ Postmark Return Receipt Fee Here (Endorsement Required) • Restricted Delivery Fee (Endorsement Required) " Total Postage&Fees Ol&Sent To Street,Apt.No.; or PO Box No. City,State,ZIP+4ZA3 corrected in the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904) 247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five (5) days of the receipt of this notice at(904) 247-5821. Please not the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. ATTEST: 0.4, ao,eie., Deborah White, Code Enforcement Donna L. Bartle, City Clerk cc: Scott Williams, Public Works Director SCOPE AND ADMINISTRATION • I 110.8.4.4 All plans for the building which are required 5. A statement that the described portion of the structure I to be signed and sealed by the architect or engineer of has been inspected for compliance with the require- 1 record contain a statement that,to the best of the archi- ments of this code for the occupancy and division of tect's or engineer's knowledge,the plans and speciflca- occupancy and the use for which the proposed occu- tions comply with the applicable minimum building pancy is classified. I codes and the applicable fire-safety standards as deter- 6. For buildings and structures in flood hazard areas, a 1 I mined by the local authority in accordance with this statement that documentation of the as-built lowest I section and Chapter 633,Florida Statutes. floor elevation has been provided and is retained in 1 110.8.5 No enforcing agency may issue a building permit the records of the authority having jurisdiction for construction of any threshold building except to a 7. The name of the building official. I licensed general contractor, as defined in Section I I 489.105(3)(a), Florida Statutes, or to a licensed building 8. The edition of the code under which the permit was 1 I contractor, as defined in Section 489.105(3)(b), Florida issued. I Statutes,within the scope of her or his license.The named 9. The use and occupancy,in accordance with the provi- 1 contractor to whom the building permit is issued shall sions of Chapter 3. 1 have the responsibility for supervision,direction,manage- I ment and control of the construction activities on the proj- 10. The type of construction as defined in Chapter 6. 1 I ect for which the building permit was issued. 11. The design occupant load. I I 110.8.6 The building department may allow a special 12. If an automatic sprinkler system is provided,whether I I inspector to conduct the minimum structural inspection of the sprinkler system is required. I threshold buildings required by this code, Section 553.73, I Florida Statutes, without duplicative inspection by the 13. Any special stipulations and conditions of the build- 1 building department. The building official is responsible ing permit. _ I for ensuring that any person conducting inspections is [A] 111.3 Temporary occupancy. The building official is qualified as a building inspector under Part XII of Chapter authorized to issue a temporary certificate of occupancy 468, Florida Statutes, or certified as a special inspector before the completion of the entire work covered by the per- I under Chapter 471 or 481,Florida Statutes.Inspections of mit,provided that such portion or portions shall be occupied I threshold buildings required by Section 553.79(5),Florida safely. The building official shall set a time period during I Statutes, are in addition to the minimum inspections which the temporary certificate of occupancy is valid. required by this code. [A] 111.4 Revocation.The building official is authorized to, in writing, suspend of revoke a certificate of occupancy or SECTION 111 completion issued under the provisions of this code wherever CERTIFICATE OF OCCUPANCY the certificate is issued in error, or on the basis of incorrect information supplied,or where it is determined that the build- [A] 111.1 Use and occupancy.A building or structure shall ing or structure or portion thereof is in violation of any ordi- not be used or occupied, and a change in the existing use or nance or regulation or any of the provisions of this code. occupancy classification of a building or structure or portion 111.5 Certificate of completion.A certificate of completion • thereof shall not be made, until the building official has is proof that a structure or system is complete and for certain issued a certificate of occupancy therefor as provided herein. types of permits is released for use and may be connected to a Issuance of a certificate of occupancy shall not be construed utility system. This certificate does not grant authority to as an approval of a violation of the provisions of this code or 1 of other ordinances of the jurisdiction. occupy a building, such as shell building, prior to the issu- I ance of a certificate of occupancy. Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2. SECTION 112 [A] 111.2 Certificate issued. After the building official SERVICE UTILITIES inspects the building or structure and does not find violations [A]112.1 Connection of service utilities.A person shall not of the provisions of this code or other laws that are enforced make connections from a utility, source of energy, fuel or by the department of building safety, the building official power to any building or system that is regulated by this code shall issue a certificate of occupancy that contains the follow- for which a permit is required,until released by the building ing: official. 1. The building permit number. [A]112.2 Temporary connection.The building official shall 2. The address of the structure: have the authority to authorize the temporary connection of the building or system to the utility, source of energy,fuel or I 3. The name and address of the owner or the owner's power. authorized agent. [A] 112.3 Authority to disconnect service utilities. The 4. A description of that portion of the structure for which building official shall have the authority to authorize discon- the certificate is issued. nection of utility service to the building, structure or system 18 FLORIDA BUILDING CODE-BUILDING,6th EDITION(2017) Exhibit`{D" ArdigNpmENT To Atlantic Beach Country Club Planned Unit Development (PUD)/Special Planned Area (SPA) Written Narrative of PIan of Development Date:April-4044y 21,2013 Current Land Use Designation: LDR(City of Jacksonville);RL(City of Atlantic Beach) Current Zoning District:RR and PUD(City of Jacksonville);PUD(City of Atlantic Beach) Requested Zoning District: PUD (City of Jacksonville);SPA(City of Atlantic Beach) RE##: 169399-0000; 169399-0010; 172000-0000; 172024-0000; 172027-0010; 172027-0030; 172029-0000; 172036-0000; 172157-0000 NOTE: The development described in this Written Narrative includes property within the City of Jacksonville ("COJ Property") and property within the City of Atlantic Beach ("COAB Property')(collectively, the "Property'). This is intended to serve as a Written narrative both for a Planned Unit Development (PUB) on the COJ Property and for a Special Planned Area (SPA) on the COAB Property. The development described in this Written Narrative is a single family residential development, golf course, country club, recreational amenities, and associated roadways, access, stormwater, maintenance, and related facilities and infrastructure. All uses are part of a unified plan which will be consistent with the comprehensive plans for both the City of Jacksonville (COI) and the City of Atlantic Beach (COAG) and will meet the intent of the land development regulations in both jurisdictions as well. As is permitted under the COJ regulations for PUD and under the COAB regulations for an SPA, this Written Narrative will allow for flexibility from the application of these regulations where it is necessary for a unified and internally consistent development. OVERVIEW OF THE DEVELOPMENT Selva Marina Country Club, Inc, (the Applicant) was incorporated in 1956 as a for-profit corporation. The sole asset of the corporation is the Selva Marina Country Club ("Country Club"),which consists of a private eighteen-hole golf course,clubhouse, tennis courts,and other recreational amenities. Membership in the Country Club has declined significantly over recent years, and the Applicant desires to undertake an extensive redevelopment of the golf course, including the construction of new single family homes, a new clubhouse, and other associated facilities and infrastructure. EXHIBIT on File Page of I. LAND USE.ZONING,AND USES: PROPERTY AND SURROUNDING PROPERTIES. A. The COJ Property lies within the LDR land use category of the COJ Comprehensive Plan and is zoned RR and PUD. The COAB property lies within the RL land use category of the COAB Comprehensive Plan and is zoned PUD and RS-L. B. For all but the southwest corner of the Property,the Property is surrounded by single family,multifamily,public use, and vacant properties which lie within the COAB. These properties are within the RL,RM,RH,and P/SP land use categories of the COAB Comprehensive Plan and are within the RS-L,RS-2,RG-M, PUD,and CG zoning districts of the COAB Land Development Regulations. At the southwest corner of the Property,the Property adjoins commercial and residential properties which lie within the COJ. These properties are within the CGC,RPI,and MDR land use categories of the COJ Comprehensive Plan and are within the CCG-2,CCG-1, CRO,and RMD-A zoning districts of the City of Jacksonville Zoning Code, II. GENERAL PLAN FOR THE DEVELOPMENT. A. The development described in this Written Narrative is a single family residential development,golf course,clubhouse,recreational amenities,and associated roadways,access, stormwater,maintenance,and related facilities and infrastructure. B. The Property is approximately 169.02 acres. The COJ Property is approximately 135.12 acres. The COAB Property is approximately 33.90 acres. C. Consistent with the variety of residential densities and lot sizes which surround the Property and which are typical of the COAB,the development will include a varied mix of lot sizes and single family residential types. The Conceptual Site Plan filed with this application shows a mix of lot sizes and types. The total number of residential units shall not exceed.1-8-02110 units. However,subject to the minimums and maximums shown on the Conceptual PUD Site Plan,the location and number of each of the varying lots sizes and types shown on the Conceptual Site Plan is conceptual only and may be subject to change,due to site engineering or other factors,without amendment or modification of the PUD/SPA. The single family residential uses will comprise approximately 34:4439.49 acres,including approximately 347361442 acres within COJ and approximately 0,0 85,0,0 acres within COAB. D. As shown on the Conceptual Site Plan,a golf course, related structures (bathrooms,shelters/stops,bathrooms, food,drink,etc.),maintenance facilities,cart barn, parking,and similar uses will be located around and among the single family residential uses. The golf course and related uses will comprise approximately-14-773-9111,61 acres,including approximately 91.2521.67 acres within COJ and approximately 26.4-41.9 acres within COAB. E. Within the"Club Site"parcel as shown on the Conceptual Site Plan will be located a clubhouse and recreational amenities,which may include pool,cabana/clubhouse,pro shop(s),health/exercise facility,offices,tennis courts, other recreational court(s)and/or field(s), JAx114334 9,175aQ28 81 -2- parking, storage, and similar facilities. The clubhouse and recreational amenities will comprise approximately 6.74 acres, including approximately 0.00 acres within COJ and approximately 6.74 acnes within COAB. F. The"Club Site"parcel as shown on the Conceptual Site Plan includes a parcel of 1.12 acres(RE# 172000-0000)which is located in COAB,currently zoned RS-L, and used for single family residential use. That parcel either will be incorporated into the clubhouse and recreational amenities use or will continue to be used for single family residential use consistent with the RS-L zoning district in the COAB Zoning Regulations. 0. As shown on the Conceptual Site Plan and as described further below, structures for vehicular access(secured gate and/or gatehouse)may be located at the entrance to the development at Dutton Island Road East. Structures for golf cart access(such as bridges or shelters)also may be located throughout the development. The development also will include roadways, stormwater facilities,and other related facilities and infrastructure. The roadways and other supporting facilities and infrastructure will comprise approximately 444A-5jL8.l acres, including approximately 944%43 acres within COJ and approximately 1.37L,4 acres within COAB. III. PERMITTED USES: DEVELOPMENT CRITERIA. This section of the Written Narrative addresses the following items: Permitted Uses and Structures, Permitted Accessory Uses and Structures,Minimum Lot Requirements (width/density/area),Maximum Lot Coverage by all Buildings and Structures,Minimum and/or Maximum Yard Requirements,and Maximum Height of Structures. A. Single Family Residential. 1. Permitted uses and structures. a. Single family detached dwellings. b. Essential services,including water,sewer,gas,telephone,cable, radio and electric. c. Home occupations subject to the conditions in Section M.D. 5 below. d. Courtyard Lots described below which are adjacent to the golf course, permitted uses may include units for daily/overnight rental; provided,however, (1) That the maximum number of Courtyard Lot units which may be used for daily/overnight rental is four(4) units located within the same courtyard lot configuration. (2) All such units shall be owned by the same entity, which shall be the ownerioperator of a hospitality business,such JAx1373391911 MB__al -3- as hotel(s)or resort(s), and shall be managed by an entity with office(s)in Duval County.. (3) All such units shall be subject to the restrictive covenants described below. 2. Maximum total number of residential Wilts: •1-8.0,N0. 3. Lot requirements: As shown on the Conceptual Site Plan,lot requirements within the development will vary. The lot requirements are set forth below. 4. Membership in club: AU owners of residential lots within the development shall be members of the club, 5. Shute Fancily--80'(-89')Lots:Minimum lot requirement(width and area), Lot coverage by all buildings, Minimum yard requirements, and Maximum height ofstructure for each Single Family use. a. Minimum lot requirement(width and area). The minimum lot requirement(width and area)for single family uses is: (1) Width—Eighty(80)feet. (2) Area-8,000 square feet. b. Maximum impervious surface. Sixty-five(65)percent. c. Minimum yard requirements. The minimum yard requirements for all uses and structures(as measured from the wall of the structure)are: (1) Front—Twenty(20)feet from face of garage to back of right-of-way and fifteen(15)feet from building face or porch to back of right-of-way; except corner/double- frontage lots,for which the non-address front/side minimum yard shall be ten(10)feet from garage or building face to back of right-of-way. (2) Side—Five(5)feet,provided that the combined side yards shall not be less than ten(10)feet. (3) Rear—Ten(10) feet. d. Maximum height ofstructure. Thirty-five(35)feet. 6. Single Familv--70'(-79')Lots:Minimum lot requirement(width and area), Lot coverage by all buildings, Minimum yard requirements, and JAW-733;4917M 411 -4- Maximum height of'structure for each Single Family use. a. Minimum lot requirement(width and area). The minimum lot requirement(width and area)for single family uses is: (1) Width—Seventy(70)feet, (2) Area-7,000 square feet. b. Maximum impervious surface. Sixty-five(65)percent. o. Minimum yard requirements. The minimum yard requirements for all uses and structures(as measured from the wall of the structure) are: (1) Front—Twenty(20)feet from face of garage to back of right-of-way and fifteen(15)feet from building face or porch to back of right-of-way; except corner/double- frontage lots,for which the non-address front/side minimum yard shall be ten(10)feet from garage or building face to back of right-of-way. (2) Side—Five(5)feet,provided that the combined side yards shall not be less than ten(10)feet. (3) Rear—Ten(10) feet, d. Maximum height of structure. Thirty-five(35)feet. 7. Situate Family--60'(-69')Lots: Minimum lot requirement(width and area), Lot coverage by all buildings, Minimum yard requirements, and Maximum height of structure for each Single Family use. a. Minimum lot requirement (width and area). The minimum lot requirement(width and area)for single family uses is: (1) Width—Sixty(60)feet. (2) Area-6,000 square feet. b. Maximum impervious surface. Sixty-five(65)percent. c. Minimum yard requirements. The minimum yard requirements for all uses and structures(as measured from the wall of the structure) are: (1) Front—Twenty(20)feet from face of garage to back of right-of-way and fifteen(15)feet from building face or porch to back of right-of-way; except corner/double- mm17339191732028_fa -5- frontage lots, for which the non-address front/side minimum yard shall be ten(10)feet from garage or building face to back of right-of-way. (2) Side—Five(5)feet,provided that the combined side yards shall not be less than ten(10)feet. (3) Rear—Ten(10)feet. d, Maximum height of structure, Thirty-five(35) feet. 8. Single Familv--55'(-59')Lots:Minimum lot requirement(width and area), Lot coverage by all buildings, Minimum yard requirements, and Maximum height of structure for each Single Family use. a. Minimum lot requirement(width and area). The minimum lot requirement(width and area) for single family uses is: (1) Width—Fifty(55)feet. (2) Area-5,500 square feet. b. Maximum impervious surface. Sixty-five(65)percent. c. Minimum yard requirements. The minimum yard requirements for all uses and structures(as measured from the wall of the structure) are: (1) Front—Twenty(20)feet from face of garage to back of right-of-way and fifteen(15) feet from building face or porch to back of right-of-way;except corner/double- frontage lots,for which the non-address front/side minimum yard shall be ten(10)feet from garage or building face to back of right-of-way. (2) Side—Five(5)feet,provided that the combined side yards shall not be less than ten(10)feet. (3) Rear—Ten(10)feet, d. Maximum height ofstructure. Thirty-five(35)feet. 9. Courfvard Single Fondly Lots:Minimum lot requirement(width and area), Lot coverage by all buildings, Minimum yard requirements, and Maximum height of structure for each Single Family use. a. Minimum lot requirement(width and area). The minimum lot requirement(width and area)for single family uses is: Jnxu 733914175A28_8l -6- (1) Width—Fifty(50) feet. (2) Area-4,000 square feet. b. Maximum impervious surface. Sixty-five(65) percent. c. Minimum yard requirements. The minimum yard requirements for all uses and structures (as measured from the wall of the structure) are: (1) Front—Twenty(20)feet from centerline of private access driveway,ten(10)feet from public street right-of-way, and ten(10)feet from building face or porch to lot boundary. (2) Side—Five(5) feet. (3) Rear—Ten(10)feet, d. Maximum height of structure. Thirty-five (35)feet. e. Thematic plan. Attached as Exhibit_is a thematic plan depicting a potential lot layout for the Courtyard Lots. Lot and access configuration may vary from the thematic plan. 10. Patios. Patios, including screened patios(without a structural roof), outdoor dining,terraces,courtyards,or similar exterior structures shall be permitted for each unit and may be located within side or rear yards but shall not be located within five(5)feet of any property boundary. 11. Mrrxinuun Heights. Maximum heights shall be subject to Article XIV, Section 59,of the Charter of the City of Atlantic Beach and the definition ' of"height"as provided in the COAB Zoning Regulations, 12. Impervious surface deJinitlolt. As used in this PUD/SPA Written Narrative,"impervious surface means: those surfaces that prevent the entry of water into the soil. Common impervious surfaces include,but are not limited to,rooftops,sidewalks,patio areas,driveways, parking lots, and other surfaces made of concrete,asphalt, brick,plastic,or any surfacing material with a base or lining of an impervious material. Wood decking elevated two(2) or more inches above the ground shall not be considered impervious provided that the ground surface beneath the decking is not impervious.Pervious areas beneath roof or balcony overhangs that are subject to inundation by stormwater and which allow the percolation of that stormwater shall not be considered impervious areas. Swimming pools shall not be considered as impervious surfaces because of their ability to retain additional rainwater, however, decking around a pool may be considered impervious depending upon materials used. Surfaces using pervious concrete or other similar open grid paving JAX14-7339191759921_81 -7_ systems shall be calculated as fifty(50)percent impervious surface, provided that no bather to natural percolation of water shall be installed beneath such material.Open grid pavers must be installed on a sand base, without liner,in order to be considered fifty(50)percent impervious. Solid surface pavers(e.g.,brick or brick appearing pavers as opposed to open grid pavers)do not qualify for any reduction in impervious area, regardless of type of base material used. 13. RSL--COAB Parcel of 1.12 acres(RE#I72000-0000}. As described above,as an alternative to the Clubhouse/Recreational Amenities use described below,a COAB parcel of 1.12 acres(RF# 172000-0000)may continue to be used for single family residential use consistent with the RS-L zoning district as described in the COAB Zoning Regulations. 11, Clubhouse/Recreational Amenities. 1. Permitted uses and structures. a. Clubhouse(maximum of 30,000 sq.ft.)and recreational amenities, which may include pool,cabana/clubhouse, spa,sauna,pro shop(s),health/exercise facility, offices,tennis courts and associated lighting and fencing,other recreational court(s)and/or field(s)and associated lighting and fencing,storage,and similar facilities. b. Outdoor social events,including parties, weddings,and holiday events,with associated uses including outdoor service of food and beverage,including alcoholic beverages, outdoor music,fireworks,and similar activities. c. Sale and service of food and beverage,including alcoholic beverages. d. Retail sales of recreation-related items at pro shop(s). e. Golf cart maintenance and/or storage. f. Essential services, including water,sewer,gas,telephone,cable, radio and electric. 2. MPnimum lot requirement. Four(4)acres. 3. Maximum impervious surface. Eighty-five percent(85%). 4. Minimum yard requirements. The minimum yard requirements for all uses and structures(as measured from the wall of the structure)are: (1) Front—Twenty(20) feet. (2) Side—Ten(10)feet,or five(5)feet with buffer as provided below. lnMa 3gF9t2s2a2S 111 -8- (3) Rear—Ten(10)feet,or five(5) feet with buffer as provided below. 5. Maximum height of'structure. Maximum heights shall be subject to Article XIV, Section 59,of the Charter of the City of Atlantic Beach and the definition of"height"as provided in the COAB Zoning Regulations. 6. Recreational use briers and lighting. The tennis courts,pool/cabana,and other outdoor recreational court(s)or field(s)shall be buffered with a minimum 5-foot wide landscaped buffer from the Property boundary. This buffer shall be planted and maintained with shrubs or trees that provide an opaque vegetative buffer. Buffers as required above may include fences or walls,provided that no solid fence or wall within any such buffer shall exceed eight feet in height. This height limit shall not apply to the types of fencing customarily used to enclose tennis courts. Lighting in any location shall be directed away from residential dwellings, and no tennis courts in any location shall be lighted later than 10:00p.m. C. Golf Course. 1. Permitted uses and structures. a. Golf course,practice facilities and associated lighting and fencing, related structures(bathrooms,food,drink,etc.), "starter"or"half way"houses or shelters/stops,maintenance facilities,and similar uses. b. Golf cart maintenance and/or storage. c. Sale and service of food and beverage,including alcoholic beverages,at"starter"or"half way"houses or shelters/stops or from service carts. d. Essential services,including water,sewer,re-use,gas, telephone, cable,radio and electric. 2. Minimum lot requirement(width and area). None. 3. Maximum lot coverage by all buildings. None. 4. Minimum yard requirements. None. 5. Maximum height of structure. None. D. Accessory Uses and Structures. UAX417339191,759 28 SI -9- Accessory uses and structures are permitted if those uses and structures are of the nature customarily incidental and clearly subordinate to a permitted principal use or structure and these uses and structures are located on the same lot (or contiguous lot in the same ownership) as the principal use. Whether attached or detached to a building or structure containing the principal use, the accessory structure shall be considered as a part of the principal building. Accessory uses shall not involve operations or structures not in keeping with character of the district where located and shall be subject to the following: 1. Accessory uses shall not be located in required front or side yards except as follows: a. Detached accessory structures such as carports,covered parking,or garages for vehicles or golf carts which are separated from the main structure may be located in a required side or rear yard but not less than five(5)feet from a lot line. If bonus rooms are located above such an accessory structure,then such structure also shall be not less than five(5)feet from a lot line. The total number of buildings on any lot zoned for single-family use shall not exceed three(3)including the principal use structure,detached carports/parking/garage,and any other detached building. b. Air conditioning compressors or other equipment designed to serve the main structure may be located in a required side or rear yard and may be located not less than three(3)feet to the property line. c. Swimming pools and associated screened enclosures(without a structural roof)may be located in a required rear or side yard but may not be located less than five(5)feet from the property line or top of the bank of a pond,whichever is applicable. 2, Accessory uses and structures in a residential district shall include noncommercial greenhouses and plant nurseries, servants' quarters and guesthouses,private garages and private boathouses or shelters, toolhouses and garden sheds,garden work centers,children's play areas and play equipment,private ball courts,private barbecue pits, outdoor fireplaces, ornamental pools, gazebos,and swimming pools,facilities for security guards and caretakers and similar uses or structures which are of a nature not likely to attract visitors in larger number than would normally be expected in a residential neighborhood. Any structure under a common roof and meeting all required yards is a principal structure. The maximum height of an accessory structure shall not exceed twenty-five(25)feet. 3. Land clearing and processing of land clearing debris shall be accessory uses;provided, however, land clearing debris may be processed only in conformity with applicable fire codes and other chapters of the applicable code to the extent those chapters are applicable. rnx1+733949125.2028 rt1 - 0- 4. Essential services(utility systems)shall be allowed as a permitted use subject to the following conditions: a. Central water systems,sewerage systems,re-use systems,utility lines, and easements shall be provided underground and in accordance with the appropriate sections of the code. 5. Home occupations shall be allowed subject to the following conditions: a, The use of the premises for the home occupation shall be incidental and subordinate to its use for residential purposes by its occupants and shall,under no circumstances,change the residential character thereof. b. There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of the home occupation. c. There shall be no equipment or process used in the home occupation which creates excessive noise, vibration,glare, fumes odors or electrical interference detectable to normal senses off the lot. d. In the case of electrical interference,no equipment shall be used which creates visual or audible interference in the radio or television receiver off the premises or causes fluctuations in line voltage off the premises. C. Access. 1. Access will be provided as shown on the Conceptual Site Plan via Selva Marina Drive and Dutton Island Road East, 2. Golf cart access may be provided to adjoining properties pursuant to private access agreements, 3. The location and design of the access at Selva Marina Drive shall be subject to the review and approval of the COAB Planning and Zoning Department and Public Works Department. 4. The location and design of the access at Dutton Island Road East shall be subject to the review and approval of COAB. Within the existing right-of- way,Dutton Island Road East shall be improved to a minimum pavement width of twenty feet(20')to the specifications directed by COAB Planning and Zoning Department and Public Works Department. Pedestrian and vehicular access at Dutton Island Road East shall be secured inside the Property to limit access to residents of the development within the PUD/SPA,commercial traffic to and from the JM mals s9o28_sI -I1- I Clubhouse/Recreational Amenities uses and Golf Course uses,and construction traffic for development within the PUD/SPA. Structures for vehicular access [secured gate(s)and/or gatehouse,mail kiosk,community bulletin board,etc.]may be located at the access inside the Property. 5. All internal roads will be dedicated public streets,designed to COJ specifications,and dedicated to the COJ or COAB except(i)the portion of the internal roadway system connecting the system to Dutton Island Road East and(ii)internal driveways into Courtyard Lots as described above, which may be an approved private road with access easements for permanent access to the residential units. 6. The configuration and design of the internal road system,including roads, any traffic circles,and intersections,shall be subject to the review and approval of the COAB Planning and Zoning Department and Public Works Department. Features which will be permitted include: Miami- type curbing on landscape islands and other appropriate locations; sixteen foot(16')pavement width at appropriate locations for traffic calming; and brick pavers,stamped concrete,or stamped asphalt at appropriate locations. The internal roadway system shown on the Conceptual Site plan is schematic only and may be subject to realignment prior to development,due to site engineering or other factors,without amendment or modification of the PUD/SPA. F. Sienatic. 1. Community identification monument signs will be permitted within the Property at the access points to the PUD/SPA at Selva Marina Drive and at the terminus of Dutton Island Road East. These signs shall not exceed eight(8)feet in height and thirty-two(32)square feet in area(each side) excluding border and columns,may be two sided and externally illuminated, and may identify the club,golf course, and residential uses. Alternatively,these signs may be designed as entry towers, 1,2, 3 or 4 sided(or cylindrical),an a maximum of thirty-two(32)square feet per side excluding border,base or foundation,and tower cap,a maximum of twenty-four(24) feet in height. The entry towers would be architecturally consistent with the clubhouse and club facilities. 2. Existing signage for the club at the intersection of Selva Marina Drive and Seminole Drive may be redesigned and updated for the club,golf course, and residential uses,and continues to be maintained by the Country Club. The sign may be externally illuminated. 3. At the Clubhouse/Recreational Amenities and the Golf Course,wall signs are permitted and shall not exceed ten(10)percent of the square footage of the occupancy frontage or respective sides of the building facing the public rights-of-way. In addition to wall signs,awning signs are permitted JAM-173-3419175902.8_Sl -12- and shall not exceed ten(10)percent of the square footage of the occupancy frontage or respective sides of the building facing the public rights-of-way; provided, any square footage utilized for an awning sign shall be subtracted from the allowable square footage that can be utilized for wall signs. Under canopy signs also are permitted. One(1)under the canopy sign per occupancy is permitted not exceeding a maximum of twenty(20)square feet in area per side;provided,any square footage utilized for an under the canopy sign shall be subtracted from the allowable square footage that can be utilized for wall signs. 4, Directional signs indicating activities, buildings,common areas,and other features within the Clubhouse/Amenities and Golf Course uses will be permitted. The design of these signs should reflect the character of the use identity signs and may include the project logo and name. For predominantly vehicle directional signage,such signs shall be a maximum of four(4)square feet in area per sign face. For pedestrian directional signage, such as privately maintained"informational side walk kiosks", 1, 2,3 or 4 sided (or cylindrical),such signs shall be a maximum of twenty (20)square feet per side and a maximum of twelve (12)feet in height. All Vehicular Control Signs shall meet the requirements of the Manual on Uniform Traffic Control Devices;privately maintained street signage with with decorative post(s)and finials are permitted. 5. Real estate and construction and temporary signs are permitted. Signs of a maximum of thirty-two(32)square feet in area and eight(8)feet in height for model homes also shall be permitted. 6. Because all identity and directional signs are architectural features intended to be compatible with and complimentary of the buildings in the PUD,they may be located in structures or frames that are part of the architecture of the project. Accordingly,sign area for all such signs as well as wall,awning,and under the canopy signs,shall be computed on the basis of the smallest regular geometric shape encompassing the outermost individual letters,words,or numbers on the sign. 7. Banner signs may be permitted pursuant to Section 17-33 of the COAB Ordinance Code. 8. Signs required by environmental permitting to be posted in common areas such as stormwater facilities shall be permitted. G. Construction offices/model homes/real estate sales. 1. On-site,temporary construction offices/model homes/sales offices/club membership marketing will be permitted until build-out. Real estate sales activities and club membership marketing are permitted within model homes. Associated parking for sales activities is permitted adjacent to JAVA- 3919175942L81 -13- model homes. Upon the approval of construction plans for the infrastructure improvements for residential development within the PUD/SPA,the Applicant may seek and obtain building permits for the construction of up to twenty percent(20%)of the residential units prior to the recordation of the subdivision plat(s)for the residential lots. H, J,andscanine and Tree Protection. For the Single Family Residential and Golf Course uses,tree prtection during development will be governed by Section 656.1204 et seq. of the COJ Zoning Code. Landscaping will be governed by the design standards in Section 24-176 et seq. of the COAB Ordinance Code. In tree protection efforts and landscaping design,maintenance of existing trees or re-planting of trees on site shall be preferred to mitigation. For the Clubhouse/Recreational Amenities use, landscaping and tree protection will be provided in accordance with Section 24-176,et seq. (landscaping)and Part II, Chapter 23 (tree protection),COAB Ordinance Code. I. Parking. For the Clubhouse/Recreational Amenities and Golf Course uses,parking shall be provided in accordance with Sections 24-161 and 24-162, COAB Ordinance Code. J. Sidewalks/Pedestrian Circulation. For the Single Family Residential and Golf Course uses, sidewalks and pedestrian circulation will be provided in accordance with the COJ Comprehensive Plan and Code of Subdivision Regulations. In particular locations,sidewalks may accommodate golf carts. As provided in Section III.E.4 above,pedestrian access to Dutton Island Road East may be secured. For Clubhouse/Recreational Amenities uses, sidewalks and pedestrian circulation will be provided in accordance with Part II,Chapter I9,COAB Ordinance Code. K. Restrictive Covenants. Restrictive covenants will be recorded prior to the sale of Single Family Residential lots to provide for thematic consistency and for the review of individual building plans by an architectural review board. L. Owners'Association An owners' association will be established to maintain common areas. M. Golf Cart Usage and Circulation. JAX14-733414175492$ 81 -14- i Notwithstanding any COJ or COAB Ordinance Code provisions to the contrary, golf carts may be used on all internal roadways and sidewalks within the PUD/SPA. Unless otherwise lawfully permitted,no golf cart shall be used on Selva Marina Drive. N. Supnllementar v Regulations. For the Single Family Residential and Golf Course uses,to the extent not otherwise addressed herein,any matters addressed in Part 4,Subpart B "Miscellaneous Regulations"of the COJ Zoning Code shall be governed by such provisions. For the Clubhouse/Recreational Amenities use, to the extent not otherwise addressed herein,any matters addressed in the Part II,Chapter 24,Article III, Division 7 "Supplementary Regulations"COAB Ordinance Code, shall be governed by such provisions.. O. site Develanm ent Data Total acreage 169.02 Acres Allowable uses,by acreage: f Single Family Residential Max. Acres d-80ZQ 34:44 units 39449 44363 J-- 44363 9.09 COAB- 12 0 Number and Type of Dwelling 80' min. Min. Max. Units by Each Type width 15 units iQ units 70' rnin. Min. M„ width 10 units 45 units 60' min. Min. Max. width 25 units 4070 units 55' min. Min. Max. width 25 units 60 units Courtyard Min. Max- 0 units 651 units IAx1t7139t412 Q2La). -15- Max 30 units Jnxlpa;Wif=!1s9U2 1 -16- Clubhouse/Recreational Max. Acres Amenities 6,74 31,209 COJ-- Sq.ft. 0.00 COAB- -6.74 Golf Course Acres ,l7 111.61 COI- 944$2 12 COAl3- 24441 9.94 Total amount of active recreation 118-35 acres Total amount of passive open space 0.0 acres Amount of public and private right-of-way 10.4514 acres Maximum impervious surface Single Family Residential 65% Clubhouse/Recreational Amenities 85% IV, ADDITIONAL SECTIONS REQUIRED BY CITY OF JACKSONVILLE A. Pre-application conference, A pre-application conference was held regarding this application on Match 7, 2013. B. Justification for the PUD Rezoning. As described above,Selva Marina Country Club, Inc. was incorporated in 1956 as a for-profit corporation. The sole asset of the corporation is the Country Club, which consists of a private eighteen-hole golf course,clubhouse,tennis courts, and other recreational amenities. Membership in the Country Club has declined significantly over recent years,and the Applicant desires to undertake an extensive redevelopment of the golf course,including the construction of new single family homes,a new clubhouse,and other associated facilities and infrastructure. This redevelopment is essential to ensure the continued viability of the Country Club and,further,is consistent with the surrounding zoning and existing uses. 3AX11733919175902_81 -17- C. rUD/Difference from Usual Application of the Zoning Code The PUD differs from the usual application of the Zoning Code in the following respects: it binds the Applicant and successors to this Written Narrative and the Conceptual Site Plan;it provides for a mix of uses which are thematically consistent and compatible with each other;it provides for a single regulatory system which crosses two local government jurisdictions; it requires specific and unique yard and patio requirements;it provides for a unique Courtyard Single Family Homes concept;as to the Clubhouse/Recreational Amenities use,it provides specific and unique buffer requirements; for the Clubhouse/Recreational Amenities and Golf Course uses,it also specifically lists numerous permitted uses commonly associated with these uses but not otherwise listed in the Code; it provides for unique and site-specific access requirements; it provides for unique and site-specific signage requirements;it contains unique and specific provisions regarding construction offices and model homes;it contains unique,cross- jurisdictional provisions regarding landscaping,parking,and sidewalks;and it contains unique provisions regarding restrictive covenants and golf cart usage. D. Permissible Uses by Exception. There are no permissible uses by exception. E. Continued Operation of Common Areas, Regarding the intent for the continued operation and maintenance of those areas and functions and facilities which are not to be provided,operated, or maintained by the City of Jacksonville or other public entity: it is the Applicant's intent for the Applicant or successor developer to operate and maintain these matters initially and, ultimately,for an owners'association to operate and maintain these matters in perpetuity. F. Approximate Dates of Phases Regarding phasing,construction of the horizontal improvements for the Single Family Residential and improvements for the Golf Course uses shall be initiated in approximately 2013-14 and be completed approximately in 2014-15. Construction of single family residential units will be initiated when the market dictates and will be completed as the market dictates. Construction of the Clubhouse/Recreational Amenities will be initiated when needed and feasible and will be completed within a reasonable time thereafter. G. Names of Development Team Developer: Atlantic Beach Partners, LLC Planners and Engineers: Taylor&While, Inc. Architects: None at this time. JAXS443394-91759Q.. 1 -18- H. Land Use Table A Land Use Table is attached hereto as Exhibit"F." JAM-14349-i-917928 $I -19- [ !ir u9yORSJ91r wiwrj:Z +wrr a]Ien,Ceouon ..o,w�.q..w L7n•NIiM C•••M� '`■ tM'*i 2 IN MO' ® b iilli (7)4 1 Y f ! I Q 1 ! w U A ' I 'O t" lie .t: '':\;-:" Y h d. t t---..', of ! 1 1 1 ifpititisp, I � - r �� mFtt t II. '` $i b4'QY a■ I " 1 ' V. ,.. c r <9�, 9 ."J ' %,, fm 4 ■ dt i , Ql. mph114'. p �;� � - ' r.` ; sr �• it-g"-is t ! t • ,te , r-'-�- '.rN ----A. \ -- r - 0 cli, o •-,.....0-• .., Ai .., i. i 4 _ _. +,gyp $-,,,A-71-2,' - 1 .._- °d -- ti ti 1 I 1 i. �— 1. 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Ine.l RUao;ioDan� Conc A — - 1 ar\4/. . ltad oopp rrL 4 f (j 1:47M12.1.'"'"'".�..+.. j Plumed Vwtt)avdopmetu _ 1 — ..•.. fa sYL,i'r .., CITY OF ATLANTIC BEACH its 800 SEMINOLE ROAD 4 : y: l ATLANTIC BEACH,FL 32233 PHONE (904)247-5800 013191' CERTIFIED MAIL RETURN RECEIPT REQUESTED 70131710000216913767 9/27/2018 RYANT VRIGA 532 Atlantic Beach Court ATLANTIC BEACH, FL 32233-5810 Real Estate Number: 169505 1405 Case Number: 18-293 Permit#16-POOL-2549 Location of Violation: 532 ATLANTIC BEACH CT, Atlantic Beach, Florida Lot 22, Atlantic Beach Country Club Unit 2, RE#169505-1405 Dear Property Owner: Please be advised, as Building Official for the City of Atlantic Beach and having found your property referenced above to be in violation of the Florida Building Code and City of Atlantic Beach, Code of Ordinances to wit: VIOLATION(S) FBC Section 111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate was issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. (violation of city ordinance requiring a Sec 24-164 c. fence required for pool barrier and Sec. 303.2 Enclosures, International Property Maintenance Code) as adopted by Chapter 6,Atlantic Beach Code of Ordinances) Sec. 24-164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with a depth greater than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at least four (4) feet in height and designed in compliance with all applicable state and local regulations. (no fence or equivalent barrier has been installed as require to prevent access to the pool) Sec.303.2 Enclosures. Private swimming pools, hot tubs and spa, containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier not less than 48 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching devices is less than 54 inches above the bottom of the gate,the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches from the gatepost. No existing pool enclosure shall be removed or replaced in a manner that reduces its effectiveness as a safety barrier. (no barrier has been properly installed or maintained in place as required creating a safety hazard to life and property) This letter requests that the noted violation(s) be corrected upon receipt of this notice by the immediate installation of a fence or equivalent barrier in accordance with codes and ordinances outlined in this notice. In addition, a permit is required and must be applied for issued and approved within ten (10) days of the receipt of this letter. It is our goal to keep our maintain properties from attractive nuisance that could cause damage to life and property and is a safety hazard to the community. Please contact Atlantic Beach Code Enforcement at(904) 247-5855 if you have any questions or need additional information. Sincerely, 7:::)*\.-1/4 -mss—,•{cr-c'v 4 Dan Arlington, CBO BUILDING OFFICIAL cc: Code Enforcement 11/19/2018 USPS.com®-USPS Tracking®Results ALERT: DUE TO WILDFIRES IN CALIFORNIA, USPS SERVICES ARE IMPACTED IN THOSE ARE... USPS Tracking® FAQs > (https://www.usps.com/faqs/uspstracking-faqs.htm) Track Another Package -I- Tracking Tracking Number: 70131710000216913767 Remove X Your package is moving within the USPS network and is on track to be delivered to its final destination. It is currently in transit to the next facility. In-Transit October 9, 2018 m m In Transit to Next Facility Q C) Tracking History October 9, 2018 In Transit to Next Facility Your package is moving within the USPS network and is on track to be delivered to its final destination. It is currently in transit to the next facility. October 5, 2018, 4:34 pm Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER October 4, 2018, 8:10 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information https://tools.usps.com/go/TrackConfirmAction?tLabels=70131710000216913767 1/3 �i J �� .:Lyr* CODE ENFORCEMENT BOARD J. siCITY OF ATLANTIC BEACH, FLORIDA i3 TY' NOTICE OF HEARING 9/27/2018 Case Number: 18-293 VRIGA RYANT Certified Mail Return Receipt: 532 Atlantic Beach Court 70131710000216913750 ATLANTIC BEACH, FL 32233-5810 Property Address: 532 ATLANTIC BEACH CT ATLANTIC BEACH, FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on November 28, 2018 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known 532 ATLANTIC BEACH CT, RE#169505 1405, Lot 22, Atlantic Beach Country Club Unit 2. International Property Maintenance Code/City Code of Ordinances City of Atlantic Beach Code of Ordinances. Sec. 6-16. Adoption of Florida Building Code. There is hereby adopted, subject to any modifications, changes and amendments set forth in this article, and for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as The Florida Building Code established by Florida Statutes Chapter 553, Part VII, as amended from time to time so that the latest edition of the Florida Building Code shall apply and the International Property Maintenance Code, most recent edition. in the office of the city clerk, and the same are adopted and incorporated as fully as if set out at length in this article, and the provisions thereof shall be controlling in the construction of all buildings and other structures within the city. Sec. 24-164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with a depth greater than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at least four (4) feet in height and designed in compliance with all applicable state and local regulations. (no barrier has been maintained in place as required creating a safety hazard to life and property) International Property Maintenance Code Sec.303.2 Enclosures. Private swimming pools, hot tubs and spa, containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier not less than 48 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching devices is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches from the gatepost. No existing pool enclosure shall be removed or replaced in a manner that reduces its effectiveness as a safety barrier. (no barrier has been maintained in place as required creating a safety hazard to life and property) The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904)247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ATTEST: /,‘ V:432� nif,L-6c � Donna L. Bartle, City Clerk Deborah White, Code Enforcement Officer 11/15/2018 USPS.com®-USPS Tracking®Results ALERT: DUE TO WILDFIRES IN CALIFORNIA, USPS SERVICES ARE IMPACTED IN THOSE ARE... FAQs > (https://www.usps.com/fags/uspstracking-fags.htm) USPS Tracking® Track Another Package + Tracking Number: 70131710000216913750 Remove X Your item has been delivered to the original sender at 5:35 pm on October 30, 2018 in ATLANTIC BEACH, FL 32233. Delivered October 30, 2018 at 5:35 pm Delivered, To Original Sender a ATLANTIC BEACH, FL 32233 Tracking History n October 30, 2018, 5:35 pm Delivered, To Original Sender ATLANTIC BEACH, FL 32233 Your item has been delivered to the original sender at 5:35 pm on October 30, 2018 in ATLANTIC BEACH, FL 32233. October 30, 2018 In Transit to Next Facility October 30, 2018, 6:21 am Arrived at Unit ATLANTIC BEACH, FL 32233 October 28, 2018, 4:21 pm Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER https://tools.usps.com/go/TrackConfirmAction?tLabels=70131710000216913750 1/3 11/15/2018 USPS.com®-USPS Tracking®Results October 24, 2018, 11:26 am Unclaimed/Being Returned to Sender ATLANTIC BEACH, FL 32233 Reminder to Schedule Redelivery of your item October 1, 2018, 4:03 pm Notice Left (No Authorized Recipient Available) ATLANTIC BEACH, FL 32233 October 1, 2018, 10:06 am Out for Delivery ATLANTIC BEACH, FL 32233 October 1, 2018, 9:56 am Sorting Complete ATLANTIC BEACH, FL 32233 a. w October 1, 2018, 5:48 am Arrived at Unit ATLANTIC BEACH, FL 32233 September 28, 2018, 7:54 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information u See Less " Can't find what you're looking for? https://tools.usps.com/go/TrackConfirmAction?tLabels=70131710000216913750 2/3 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH, FLORIDA, Petitioner vs. VRIGA RYANT,Respondent First Class and Certified Mail Return Receipt 532 Atlantic Beach Court Requested: 70171000000069910919 ATLANTIC BEACH, FL 32233-5810 Property Address: 532 ATLANTIC BEACH CT ATLANTIC BEACH, FL Case Number: 18-293 Real Estate Number: 169505 1405 Legal Description: 532 ATLANTIC BEACH CT, RE#169505 1405, Lot 22,Atlantic Beach Country Club Unit 2. ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on November 28, 2018, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT 1. That the Respondent owns the property located at 532 ATLANTIC BEACH CT,Atlantic Beach, Florida. 2. That notice was sent by Certified Mailing and that Respondent was not present at the hearing. 3. That notification of the violations of the City of Atlantic Beach, were made and served on the Respondent as evidenced in this hearing. CONCLUSIONS OF LAW THAT the Respondent is NOT IN COMPLIANCE with Florida Building Code Section 6-16, International Property Maintenance 303.2, and City of Atlantic Beach Municipal Code Sec. 24-164. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered: THAT the Respondent is in violation of the above and must obtain compliance on or before December 1, 2018. Failure to comply by December 1, 2018 will result in fines of$250.00 for the first day and $250.00 for every day thereafter while the violation continues to exist. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. THAT the Respondent is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance. THAT failure to pay all accumulated fines will result in a lien being placed against the property at 532 ATLANTIC BEACH CT for the total assessment plus costs incurred for the filing of the lien. All lien amounts are to be made payable at an interest rate of ten (10) percent per annum from date of certification until paid. DONE AND ORDERED THIS November 28, 2018. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD ATTEST: Lori Diaz, Records Clerk By: Benj ' de Luna, Chairman Executed this 29 day of /11611„,erkre,— ,20 PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this order shall be filed in circuit court within thirty(30) days of this order's execution ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVER:' • Complete items 1,2,and 3. A. Si a - • Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addresse ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Deliver or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: 0 No I 1 1 1 1 111 111111 1 1 1, 111 1 11111 I I I 3. Service Type 0 Priority Mail Express® ❑Adult Signature 0 Registered MaiP' 0 Adult Signature Restricted Delivery ❑Registered Mail Restrict 9590 9402 2997 7094 0518 32 0 Certified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise 2. Article Numher/Trancfar frnn 1-..-al ❑Collect on Delivery Restricted Delivery 0 Signature Confirmation, ❑Insured Mail 0 Signature Confirmation 17 1000 0000 6991 0 919 0 Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Fe,rm 3811 .h!iv 7M R PRN 7r,1n-no-nnn-Rnr:2 Ilnmacfin Rai,vn Rarairr, Page 1 of 2 01"\-07/, CODE ENFORCEMENT BOARD J M iii z , ,l!? CITY OF ATLANTIC BEACH, FLORIDA J V NOTICE OF HEARING 142,01i19 11/29/2018 Case Number: 18-293 VRIGA RYANT Certified Mail Return Receipt: 532 Atlantic Beach Court 70171000000069910926 ATLANTIC BEACH, FL 32233-5810 Property Address: 532 ATLANTIC BEACH CT ATLANTIC BEACH, FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on January 8, 2019 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known 532 ATLANTIC BEACH CT, RE#169505 1405, 532 ATLANTIC BEACH CT, RE#169505 1405, Lot 22, Atlantic Beac. International Property Maintenance Code/City Code of Ordinances IPMC Sec. 303.2 Private swimming pools, hot tubs, and spas containing water more than twenty four inches in depth shall be completely surrounded by a fence or barrier not less than forty eight (48) inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self- closing the pool. Gates and doors in such barriers shall be self- closing and self latching. Where the self-latching device is a minimum of 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self- latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 in inches from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. (No Barrier has been maintained in place as required creating a safety hazard to life and property) Sec. 6-16. Adoption of Florida Building Code. There is hereby adopted, subject to any modifications, changes and amendments set forth in this article, and for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as The Florida Building Code established by Florida Statutes Chapter 553, Part VII, as amended from time to time so that the latest edition of the Florida Building Code shall apply and the International Property Maintenance Code, most recent edition. in the office of the city clerk, and the same are adopted Page 2 of 2 and incorporated as fully as if set out at length in this article, and the provisions thereof shall be controlling in the construction of all buildings and other structures within the city. Sec. 24-164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with a depth greater than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at least four (4) feet in height and designed in compliance with all applicable state and local regulations. (No Barrier has been installed in place as required creating a safety hazard to life and property) The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904) 247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ATTEST: (212— IP Lori Diaz, Records Clerk Angela arry, Code Enfor•- -nt ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Sig • Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addresse • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Deliver or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes 1 If YES,enter delivery address below: 0 No p.... ,p1{\),T_ 1 i -.. Zg 11111 III 1111111 I I I III IIII 3. Service Type 0 Adult Signature ❑Priority Mail Express® 0 Registered MaiIT" ❑Adult Signature Restricted Delivery 0 Registered Mail Restrict 9590 9402 2997 7094 0517 88 o Certified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise - • -'-'-I. -.k ,.rnnn.nfar from service label) ❑Collect on Delivery Restricted Delivery 0 Signature Confirmation' ❑Insured Mail 0 Signature Confirmation 1000 0000 6991, 0926 ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) DC C...•...'21411 I.d,,oni Deni Vcon nn_nnn_nnco n......,..�i..D.,�...,D,,..,.;.. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH, FLORIDA, Petitioner vs. VRIGA RYANT, Respondent 532 Atlantic Beach Court Property Address: 532 ATLANTIC BEACH CT ATLANTIC BEACH, FL 32233-5810 ATLANTIC BEACH, FL Case Number: 18-293 Real Estate Number: 169505 1405 Legal Description: 67-132 08-2S-29E .315, ATLANTIC BEACH COUNTY CLUB UNIT 2 LOT 22 THIS CAUSE came for public hearing before the Code Enforcement Board on January 8, 2019, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT 1. That the Respondent owns the property located at 532 ATLANTIC BEACH CT, Atlantic Beach, Florida. 2. That notice was sent by Certified Mailing and that Respondent was present at the hearing. 3. That notification of the violations of the City of Atlantic Beach, was made and served on the Respondent as evidenced in this hearing. 4. That by Order dated November 28, 2018, the Respondent was found in violation of Florida Building Code Section 6-16, International Property Maintenance Code 303.2, and City of Atlantic Beach Ordinance Sec. 24-164 and ordered to comply by December 1, 2018. Failure to comply would have result in fines of$250.00 for everyday not in compliance. 5. That Respondent is in compliance. CONCLUSIONS OF LAW THAT Respondent is in compliance. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered: THAT Respondent is in compliance. DONE AND ORDERED THIS January 8, 2019. Page 1 of 2 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ATTEST: Lori Diaz, Records ClerkBy: Benj in de Luna, Chairman Executed this /5 day of January , 2019. PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this order shall be filed in circuit court within thirty(30)days of this order's execution Page 2 of 2 '4dr% •i•='vi'.f-, js t'ipi 1 ii�� CODE ENFORCEMENT Y'yWsCITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 9/28/2020 Case Number: 18-293 VRIGA RYANT Certified Mail Return Receipt: 532 Atlantic Beach Court 7016 0910 0001 6799 4530 ATLANTIC BEACH, FL 32233-5810 Property Address: 532 ATLANTIC BEACH CT ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on November 5, 2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 532 ATLANTIC BEACH CT, RE#169505 1405, 67-132 08-2S-29E .315 ATLANTIC BEACH COUNTRY CLUB UNIT 2 LOT 22. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances 1. IPMC Sec. 303.1 Private swimming pools, hot tubs, and spas containing water more than twenty four inches in depth shall be completely surrounded by a fence or barrier at least forty eight(48) inches in height above the finished ground lever measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self- closing the pool. Gates and doors in such barriers shall be self-closing and self latching. Where the self- latching device is a minimum of 54 inches above the bottom of the gate the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 in inches from the gatepost.No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. 2. Sec. 24-164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with a depth greater than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at least four(4) feet in height and designed in compliance with all applicable state and local regulations. STATEMENT OF CODE ENFORCEMENT OFFICER: On 9/25/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 532 ATLANTIC BEACH CT. During the inspection, the undersigned Code Enforcement Officer observed that the property was in violation of the section listed above in the City of Atlantic Beach Code of Ordinances. The nature of the violation included: On November 28, 2018 the City of Atlantic Beach Code Enforcement Board found you in violation for failing to install the safety fence around your pool leaving it open and unsafe. During an inspection on 9/25/2020, the pool was observed with no safety fencing around the pool. If the violation is corrected and then recurs or if the violation was not corrected by the time specified for correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ,C, 7,ATS .V 2 k1 N-\ , hereby swear and affirm that the above statement is true an ccurate. C)JY\ Angela Iriz. , TM U.S. Postal Service Code Enforcement Officer, City o Atlantic Beach CERTIFIED MAIL° RECEIPT m Domestic Mail Only For delivery information,visit our website at www.usps.com'. ATTEST: c' Q' Certified Mail Fee $ (��_ V•Y`� Extra Receipt RServices&Fees(check box,add lee as aPPropnate) � ❑Return Receeipt(hardcopy) $ ,psItier Q 0 Return Receipt(electronic) $ Postmark Q 0 Certified Mall Restricted Delivery $ Here Q ❑Adutt Signature Required $ Kim Flowers, Records ClerkQ ❑AdultSignature Restricted Delivery$ r3 Postage 0" $ Q Total Postage and Fees $ Se��nt��To q ^1 Q N 'siieefa dApt. ..,00;Fref�ozlPo. � '�r a !'3 thy,state,21Etizio PS Form 3800,April 2015 PSN 7530-02-000.9047 See Reverse for Instructions ''''"4;0=4 i III! MLLE FL 320 ` .o City of Atlantic Beach NEOPOST FIRST-a.ass MAIL 800 Seminole Road " ' 20 PM 1 L .., 09/28/2020 16 Atlantic Beach,Florida 32233 US POSTAGE$006.90 7016 0910 0001 6799 4530 paini4._ ZIP 32233 t 041M11299654 V.--) VRIGA RYANT Certified Mai 117 ' 1 532 Atlantic Beach Court 7016 09 n; . i E i ;' - ATLANTIC BEACH, FL 32233-5810 `V Tr; 'SENDER Property U C L A I m E 0 11 BI S c r ' m e IIARD ,:ve r,;s�.I.. a J1\ac rz: I rt_ A L. 32. 23?j 461'43 . . 14 3O eGf YCt 3 -l ?- `W 3 _7174..3_;I. b2 hill1SlliS17il!1i1i1{ii1S1Pf!1i1f1Ii1y1lMillinilli'lfilii ,`"'.N''fy, CITY OF ATLANTIC BEACH } - - Ke 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 75, PHONE (904) 247-5800 NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 20-058 Pursuant to Chapter 162, Florida Statutes and Sec. 2-147, City of Atlantic Beach City Code of Ordinances, I,Angela Irizarry, Code Enforcement Officer, City of Atlantic Beach,hereby affirm a Notice of Hearing, a copy of which is attached, was mailed regular mail and was posted at the following locations: (1) Date Posted: 10 12L0 I 2D20 Location: 532 Atlantic Beach Ct., Atlantic Beach, Florida (2) Date Posted: I 0 1 ala I 202_0 Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 • Angel arry, Code E i ement County of Duval State of Florida ��,, The foregoing Affidavit was acknowledged before me this day of OC4Leke,r- 20Zo , by Angela Irizarry,who is personally known to me as Code Enforcement for the City of Atlantic Beach. Person taking acknowledgement: ` (Notary Stamp/Seal) 60/ Nota Pu lic, State of Florida LORI DIAZ ro= D�IRES:Novem 13, '"4:WIN''' Bonded Mu Notary Public t s rS\-JY-I'i CODE ENFORCEMENT -. ... �f CITY OF ATLANTIC BEACH, FLORID s 1._`''` ;? POSTED ON PROPERTY AND NOTICE OF HEARING ATLANTIC BEACH CITY HALL '''.'41:)1119'1' DATE: ►'�`Zlc7 2D2- 10/26/2020 Case Number: 18-293 VRIGA RYANT Certified Mail Return Receipt: 532 Atlantic Beach Court 7016 0910 0001 6799 4530 ATLANTIC BEACH,FL 32233-5810 Property Address: 532 ATLANTIC BEACH CT ATLANTIC BEACH,FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on November 5, 2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 532 ATLANTIC BEACH CT, RE#169505 1405, 67-132 08-2S-29E .315 ATLANTIC BEACH COUNTRY CLUB UNIT 2 LOT 22. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6,Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances 1. IPMC Sec.303.1 Private swimming pools,hot tubs,and spas containing water more than twenty four inches in depth shall be completely surrounded by a fence or barrier at least forty eight(48) inches in height above the finished ground lever measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self- closing the pool. Gates and doors in such barriers shall be self-closing and self latching. Where the self- latching device is a minimum of 54 inches above the bottom of the gate the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 in inches from the gatepost.No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. 2. Sec.24-164 Swimming Pools(c)Fences: All swimming pools and any ornamental pool with a depth greater than two(2)feet shall be enclosed by a fence,wall or equivalent barrier at least four(4) feet in height and designed in compliance with all applicable state and local regulations. STATEMENT OF CODE ENFORCEMENT OFFICER: On 9/25/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 532 ATLANTIC BEACH CT. During the inspection, the undersigned Code Enforcement Officer observed that the property was in violation of the section listed above in the City of Atlantic Beach Code of Ordinances. The nature of the violation included: On November 28, 2018 the City of Atlantic Beach Code Enforcement Board found you in violation for failing to install the safety fence around your pool leaving it open and unsafe. During an inspection on 9/25/2020,the pool was observed with no safety fencing around the pool. If the violation is corrected and then recurs or if the violation was not corrected by the time specified for correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. I, QVP _ 1'O((Z.' , hereby swear and affirm that the above statement is true an accurate. CI\A(5311ek.AACIA—M-- Angela Irizarry, Code Enforcement Officer, City of Atlantic Beach ATTEST: Kim Flowers,Records Clerk ,,,.; \ Ly fife CODE ENFORCEMENT r, iitrI CITY OF ATLANTIC BEACH, FLORIDA ii: NOTICE OF HEARING 11/10/2020 Case Number: 18-293 VRIGA RYANT Certified Mail Return Receipt: 532 Atlantic Beach Court 7018 2290 0001 0116 8350 ATLANTIC BEACH, FL 32233-5810 Property Address: 532 ATLANTIC BEACH CT ATLANTIC BEACH, FL Dear Respondent: The Special Magistrate hearing previously scheduled for November 5, 2020 was postponed and a new date has been set. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on December 3, 2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 532 ATLANTIC BEACH CT, RE#169505 1405, 67-132 08-2S-29E .315 ATLANTIC BEACH COUNTRY CLUB UNIT 2 LOT 22. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances 1. IPMC Sec. 303.1 Private swimming pools, hot tubs, and spas containing water more than twenty four inches in depth shall be completely surrounded by a fence or barrier at least forty eight(48) inches in height above the finished ground lever measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self- closing the pool. Gates and doors in such barriers shall be self-closing and self latching. Where the self- latching device is a minimum of 54 inches above the bottom of the gate the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 in inches from the gatepost.No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. 2. Sec. 24-164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with a depth greater than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at least four(4) feet in height and designed in compliance with all applicable state and local regulations. STATEMENT OF CODE ENFORCEMENT OFFICER: On 9/25/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 532 ATLANTIC BEACH CT. During the inspection, the undersigned Code Enforcement Officer observed that the property was in violation of the section listed above in the City of Atlantic Beach Code of Ordinances. The nature of the violation included: On November 28, 2018 the City of Atlantic Beach Code Enforcement Board found you in violation for failing to install the safety fence around your pool leaving it open and unsafe. During an inspection on 9/25/2020, the pool was observed with no safety fencing around the pool. If the violation is corrected and then recurs or if the violation was not corrected by the time specified for correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. I, p �! _ ■V-2_0f r , hereby swear and affirm that the above statement is true and . curate. CL-9— e a Iriz Code Enforcement Officer, City of Atlantic Beach ATTEST: U.S. Postal Service- CERTIFIED MAIL° RECEIPT Domestic Mail Only Ln For delivery information,visit our website at www.usps.com"'. Kim Flowers, Records Clerk r- Certified Mail Fee r-a Extra Services&Fees(check box,add fee as appropriate) 0 Return Receipt(hardcopy)1-4 $ Q 1_,Return Receipt(electronlc) $ Postmark O ❑Certified Mail Restricted Delivery $ Here O ❑Aduk Signature Required $ 0 Adult Signature Restricted Delivery$ l� Postage 0'ru $ Total Postage and Fees R.) r:I3 Sent Tovr curl1 (3 —;.9.3;.Q2 D Street andApt N or PO&ox o. City,State,ZIP+44 � PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 11/23/2020 USPS.com®-USPS Tracking®Results USPS Tracking® FAQs > Track Another Package + Tracking Number: 70182290000101168350 Remove X Your item was delivered to an individual at the address at 8:38 pm on November 12, 2020 in ATLANTIC BEACH, FL 32233. C✓ Delivered cp November 12, 2020 at 8:38 pm cr Delivered, Left with Individual ATLANTIC BEACH, FL 32233 Get Updates u Text & Email Updates u Tracking History n November 12, 2020, 8:38 pm Delivered, Left with Individual ATLANTIC BEACH, FL 32233 Your item was delivered to an individual at the address at 8:38 pm on November 12, 2020 in ATLANTIC BEACH, FL 32233. November 12, 2020 In Transit to Next Facility November 11, 2020, 8:34 pm Departed USPS Regional Facility https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=3&text28777=&tLabels=70182290000101168350%2C%2C 1/2 11/23/2020 USPS.com®-USPS Tracking®Results JACKSONVILLE FL DISTRIBUTION CENTER November 10, 2020, 10:00 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information u See Less " Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. m m Q. Cr a) o FAQs https://tools.usps.com/gofTrackConfirmAction?tRef=fullpage&tLc=3&text28777=&tLabels=70182290000101168350%2C%2C 2/2 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7019 2970 0000 9866 3126 vs. Property Address: 532 Atlantic Beach Court Atlantic Beach, FL 32233 Vriga Ryant 532 Atlantic Beach Court Atlantic Beach, FL 32233-5810 Respondent. CASE NUMBER: 18-293 REAL ESTATE NUMBER: 169505 1405 LEGAL DESCRIPTION: 67-132-08-2S-29E .315,ATLANTIC BEACH COUNTRY CLUB UNIT 2, LOT 22 ATLANTIC BEACH,FLORIDA ORDER FINDING COMPLIANCE ON CASE No. 18-293 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on December 3,2020, and the Special Magistrate having heard testimony under oath,received evidence, and heard arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders as follows: FINDINGS OF FACT 1. Respondent owns the property located at 532 Atlantic Beach Court, Atlantic Beach, Florida. 2. Notice of the hearing was sent by Certified Mail. 3. Respondent appeared at the hearing. 4. Respondent was first sent a notice of violating Atlantic Beach Code of Ordinances §24- 164 for failing to fence his swimming pool on September 17, 2018. 5. On September 27, 2018, Respondent was sent another notice of violating Code § 24-164, along with notice of violating§ 303.2 of the International Property Maintenance Code. 6. On November 29, 2018, the Atlantic Beach Code Enforcement Board entered an order finding Respondent had violated the City's Code and giving Respondent until December 1, 2018 to comply. 7. On January 15, 2019, the City's Code Enforcement Board entered an order finding that Respondent had complied. 8. On September 22, 2020, the vice-president of the homeowner's association that governs Respondent's neighborhood contacted the City's Code Enforcement department about homeowners that did not have swimming pools properly fenced. 9. On September 25, 2020, Mr. Natter took Code Enforcement Officer Angela Irizarry through the golf course in Respondent's neighborhood. 10. From the golf course, Officer Irizarry observed Respondent's swimming pool in an unfenced condition with no one present at the pool. 11. On September 28, 2020, Respondent was sent another notice that he had violated the City's Code by failing to enclose his pool. 12.At the December 3, 2020 hearing, Respondent testified that on September 25, 2020, his fence was not enclosed because lawn maintenance work was being done in his yard that required the temporary removal of the fence. 13.No contradictory evidence was introduced. 14.At the hearing, Respondent provided live video evidence that his pool was enclosed. 15.Respondent was admonished at the hearing that future observations of his pool in an unfenced condition would make it increasingly difficult for him to establish by a preponderance of the evidence that his pool is in compliance with the City's Code. CONCLUSIONS OF LAW 16. The City of Atlantic Beach has, via Code § 6-120, has adopted the International Property Maintenance Code (hereinafter IPMC) and incorporated it into its ordinances. 17.The preponderance of evidence presented at the December 3, 2020 hearing established that Respondent was in compliance at the time of the hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is ORDERED: THAT Respondent is in compliance. DONE AND ORDERED THIS 1871-` DAY OF DECEMBER 2020. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: //'' t'_ gia Kimberly A Flower, Records Clerk Jeff.-Branham, Special Magistrate Executed this 18th day of December 2020. PLEASE NOTE: Florida Statutes § 162.11 requires that any appeal of this order must be filed in the circuit court for Duval County within 30 days of this order's execution. 2 ,, ri"`\'\�' CODE ENFORCEMENT J' t#., - �S CITY OF ATLANTIC BEACH, FLORIDA �-. • ' c) ..;.- J� fir NOTICE OF HEARING r� J;il rr 4/11/2022 Case Number: 18-293 VRIGA RYANT POSTED ON PROPERTY AND 532 Atlantic Beach Court ATLANTIC BEACH CITY HALL ATLANTIC BEACH, FL 32233-5810 Property Address: 532 ATLANTIC BEACH CT ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on May 5th at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 532 ATLANTIC BEACH CT, RE#169505 1405, 67-132 08-2S-29E .315 ATLANTIC BEACH COUNTRY CLUB UNIT 2 LOT 22. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances 1. IPMC Sec.303.1 Private swimming pools, hot tubs, and spas containing water more than twenty four inches in depth shall be completely surrounded by a fence or barrier at least forty eight(48) inches in height above the finished ground lever measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self- closing the pool. Gates and doors in such barriers shall be self-closing and self latching. Where the self- latching device is a minimum of 54 inches above the bottom of the gate the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 in inches from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. 2. Sec. 24-164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with a depth greater than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at least four(4) feet in height and designed in compliance with all applicable state and local regulations. STATEMENT OF CODE ENFORCEMENT OFFICER: On 4/11/2022 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 532 ATLANTIC BEACH CT. During the inspection, the undersigned Code Enforcement Officer observed that the property was in violation of the section listed above in the City of Atlantic Beach Code of Ordinances. The nature of the violation included: On November 28, 2018 the City of Atlantic Beach Code Enforcement Board found you in violation for failing to install the safety fence around your pool leaving it open and unsafe and were given until 12/1/2018 to secure the pool. A second notice of hearing was issued on 11/29/2018 when the pool was found unsecured again. The pool was secured before the hearing. During an inspection on 4/11/2022, the pool was observed again without the safety fencing completely around the pool. If the violation is corrected and then recurs or if the violation was not corrected by the time specified for correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ! �--CAC I , hereby swear and affirm that the above statement is trued . urate. Alb. AO Angela I ' •;04, Code Enforcement Officer, C. of Atlantic Be. ATTEST: Vanessa Angers, Records Clerk x I' i �� I�dIG• �/ ..lel" �� S i !i � t , /-'' � i't's l�r� � s •% ire �� I E • V oor I poov / er 40fs- I. , 1• •" r 'Ftoo,) Vie Amino I 9 lQw�� CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7017 1000 0000 7000 3266 vs. Property Address: 532 Atlantic Beach Ct. Vriga Ryant Atlantic Beach, FL 32233 532 Atlantic Beach Ct. Atlantic Beach, FL 32233 Respondent. CASE NUMBER: 18-293 REAL ESTATE NUMBER: 169505-1405 LEGAL DESCRIPTION: 67-132 08 2S-29E .315, ATLANTIC BEACH COUNTRY CLUB UNIT 2, LOT 22, ATLANTIC BEACH, FL. ORDER ON CASE No. 21- THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on May 5, 2022, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders as follows: FINDINGS OF FACT 1. Respondent owns the property located at 532 Atlantic Beach Ct., Atlantic Beach, FL. 2. Notice of the hearing was posted to the front door of the property address. The Respondent had been previously cited for violation of IPMC Sec. 303.1, failure to install and use a pool safety fence. However, the property came into compliance on December 3, 2020. At that time the Respondent was admonished for the unfencing of the pool and was told by the Court that future observations of his pool in an unfenced condition would make it increasingly difficult for him to establish by a preponderance of the evidence that his pool is in compliance with the City of Atlantic Beach codes. 3. On or about April 11, 2022, The City of Atlantic Beach stated they received a complaint from a neighbor that the safety pool barrier not up and functioning. The City of Atlantic Beach reported they had also observed the violation. 4. The Respondent requested a continuance of the hearing due to health issues in his family and work obligations at the scheduled time of the hearing. CONCLUSIONS OF LAW 5. The Respondent was provided proper notice of the violation and hearing. The Respondent requested a continuance of the hearing to the City of Atlantic Beach. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered: THAT the Respondent shall be granted a continuance until the next scheduled hearing date. DONE AND ORDERED THIS 1 7- DAY OF MAY, 2022. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE Vane sa Angers, Records Clerk Suzanne . Green, Special Magistrate Executed this 1} day of May 2022. PLEASE NOTE: Florida Statutes § 162.11 requires that any appeal of this order must be filed in the circuit court for Duval County within 30 days of this Order's execution. 2 �rlail/1�71a►1111 JS rS .v r , City of Atlantic Beach . I L .E F .. �EG�OS i F,RS -CCAs MAL R' • i?, 800 Seminole Road '11 P 022PM 1. L 05/ 17/2022 0 ,r Atlantic Beach, Florida 32233 US POSTAGELi $007.33 r. ZIP 32233 7017 1000 0000 7000 3266 � f 041M11299654 1,-\ G'Ji°�\Iv( V3. ✓) Proper*- "a Vriga Ryant NIXIE 322 E _ 0007 / 17 / 2:: 1 532 Atlantic Beach Ct. RETURN TO SENDER j Atlantic Beach, FL 32233 VACANT UNABLE TO FORWARD BC. 32233546199 * 1438- 02623-17-40322..e212-374:13*--0i::it a 111"111111'11111111‘11111111'11+111"1111'111111111111,111i1P1 i TO' . CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: vs. Property Address: 532 Atlantic Beach Ct. Vriga Ryant Atlantic Beach, FL 32233 532 Atlantic Beach Ct. Atlantic Beach, FL 32233 Respondent. CASE NUMBER: 18-293 REAL ESTATE NUMBER: 169505-1405 LEGAL DESCRIPTION: 67-132 08 2S-29E .315,ATLANTIC BEACH COUNTRY CLUB UNIT 2,LOT 22, ATLANTIC BEACH,FL. ORDER ON CASE No. 21- THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on May 5, 2022, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters,issues findings of fact,conclusions of law,and orders as follows: FINDINGS OF FACT 1. Respondent owns the property located at 532 Atlantic Beach Ct., Atlantic Beach, FL. 2. Notice of the hearing was posted to the front door of the property address. The Respondent had been previously cited for violation of IPMC Sec. 303.1, failure to install and use a pool safety fence. However, the property came into compliance on December 3, 2020. At that time the Respondent was admonished for the unfencing of the pool and was told by the Court that future observations of his pool in an unfenced condition would make it increasingly difficult for him to establish by a preponderance of the evidence that his pool is in compliance with the City of Atlantic Beach codes. 3. On or about April 11, 2020, The City of Atlantic Beach stated they received a complaint from a neighbor that the safety pool barrier not up and functioning. The City of Atlantic Beach reported they had also observed the violation. 4. The Respondent requested a continuance of the hearing due to health issues in his family and work obligations at the scheduled time of the hearing. CONCLUSIONS OF LAW 5. The Respondent was provided proper notice of the violation and hearing. The Respondent requested a continuance of the hearing to the City of Atlantic Beach. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered: THAT the Respondent shall be granted a continuance until the next scheduled hearing date. DONE AND ORDERED THIS DAY OF MAY,2022. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE Ladayija Nichols, Records Clerk Suzanne W. Green, Special Magistrate Executed this day of May 2022. PLEASE NOTE: Florida Statutes § 162.11 requires that any appeal of this order must be filed in the circuit court for Duval County within 30 days of this Order's execution. 2 CODE ENFORCEMENT t# ALA CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 6/13/2022 Case Number: 18-293 VRIGA RYANT Certified Mail Return Receipt: 532 Atlantic Beach Court 7013 1710 0002 1691 9240 ATLANTIC BEACH, FL 32233-5810 Property Address: 532 ATLANTIC BEACH CT ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on July 7, 2022 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 532 ATLANTIC BEACH CT, RE#169505 1405, 67-132 08-2S-29E .315 ATLANTIC BEACH COUNTRY CLUB UNIT 2 LOT 22. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances 1. IPMC Sec. 303.1 Private swimming pools, hot tubs, and spas containing water more than twenty four inches in depth shall be completely surrounded by a fence or barrier at least forty eight (48) inches in height above the finished ground lever measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self- closing the pool. Gates and doors in such barriers shall be self-closing and self latching. Where the self- latching device is a minimum of 54 inches above the bottom of the gate the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 in inches from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. 2. Sec. 24-164 Swimming Pools (c) Fences: All swimming pools and any ornamental pool with a depth greater than two (2)feet shall be enclosed by a fence, wall or equivalent barrier at least four(4)feet in height and designed in compliance with all applicable state and local regulations. STATEMENT OF CODE ENFORCEMENT OFFICER: On 4/11/2022 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 532 ATLANTIC BEACH CT. During the inspection, the undersigned Code Enforcement Officer observed that the property was in violation of the section listed above in the City of Atlantic Beach Code of Ordinances. The nature of the violation included: On November 28, 2018 the City of Atlantic Beach Code Enforcement Board found you in violation for failing to install the safety fence around your pool leaving it open and unsafe and were given until 12/1/2018 to secure the pool. A second notice of hearing was issued on 11/29/2018 when the pool was found unsecured again. The pool was secured before the hearing. During an inspection on 4/11/2022, the pool was observed again without the safety fencing completely around the pool. This case was scheduled for the May 5th hearing date but was deferred at the Respondent's request. If the violation is corrected and then recurs or if the violation was not corrected by the time specified for correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. I, 14 \? `� , hereby swear and affirm that the above statement 0 i • ean ipe. Alk • gela riz. , Code Enfo Mgi en •fficer ty:`''i tlan M.ch ATTEST: Vanessa Angers, Records Clerk FAQs > USPS Tracking® Track Another Package + Tracking Number: 701 31 71 000021 691 9240 Remove X Your item was delivered to an individual at the address at 11:19 am on June 15, 2022 in ATLANTIC BEACH, FL 32233. USPS Tracking Plus® Available u m G Delivered, Left with Individual cr co June 15, 2022 at 11:19 am 0 ATLANTIC BEACH, FL 32233 Get Updates u Text & Email Updates v Tracking History June 15, 2022, 11:19 am Delivered, Left with Individual ATLANTIC BEACH, FL 32233 Your item was delivered to an individual at the address at 11:19 am on June 15, 2022 in ATLANTIC BEACH, FL 32233. June 15, 2022, 2:29 am Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER June 13, 2022, 8:38 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER USPS Tracking Plus® u Product Information u See Less " Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. m CD a o- co o 7- FAQs CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7017 1000 0000 7000 3303 vs. Property Address: 532 Atlantic Beach Ct. Ryant Vriga Atlantic Beach, FL 32233 532 Atlantic Beach Ct. Atlantic Beach, FL 32233 Respondent. CASE NUMBER: 18-293 REAL ESTATE NUMBER: 169505-1405 LEGAL DESCRIPTION: 67-132 08 2S-29E .315,ATLANTIC BEACH COUNTRY CLUB UNIT 2,LOT 22, ATLANTIC BEACH, FL. ORDER ON CASE NO. 18-293 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on July 7, 2022, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders as follows: FINDINGS OF FACT 1. Respondent owns the property located at 532 Atlantic Beach Ct., Atlantic Beach, FL. 2. Notice of the hearing was provided to the Respondent via certified mail. The Respondent appeared at the hearing. The Respondent had been previously cited for violation of IPMC Sec. 303.1, failure to install and use a pool safety fence in 2018 and in 2020. However, the property came into compliance before the hearing but after the notice was served. During the second notice for the special magistrate, the Respondent was admonished for the unfencing of the pool and was told by the Court that future observations of his pool in an unfenced condition would make it increasingly difficult for him to establish by a preponderance of the evidence that his pool is in compliance with the City of Atlantic Beach codes. 3. On or about April 11, 2020, The City of Atlantic Beach stated they received a complaint from a neighbor that the safety pool barrier not up and functioning. The City of Atlantic Beach reported they had also observed the violation. 4. The Respondent requested a continuance of the May special magistrate hearing due to health issues in his family and work obligations at the scheduled time of the hearing. 5. At this continued hearing, July 7, 2022, the City of Atlantic Beach presented photos as evidence of the safety fence being down and stated the homeowner's association had also received a complaint about the fence being down. 6. The Respondent stated the safety fence is a legal fence and agreed when the pool is not in use, it must be installed and up. The Respondent believes his wife was using the pool at the time of the photo, but failed to present any evidence to substantiate that statement and no individuals were observed in the photo or by the City of Atlantic Beach when the photo was taken. CONCLUSIONS OF LAW 7. The Respondent was provided proper notice of the violation and hearing. This is the third notice to the Respondent regarding the safety fence being down. The Respondent failed to produce any substantive evidence to refute the violation of IPMC Sec. 303.1 (as adopted by the City of Atlantic Beach) and therefore is found in violation. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered: THAT the Respondent is found in violation of IPMC Sec. 303.1 (as adopted by Codes of the City of Atlantic Beach) and is assessed a first time fine of$250.00 payable within 30 days of the date of this Order. DONE AND ORDERED THIS 3 kt DAY OF JULY, 2022. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE Vanessa Angers, ecords Clerk Suzanne . Green, Special Magistrate Executed this I *Ay of July 2022. PLEASE NOTE: Florida Statutes § 162.11 requires that any appeal of this order must be filed in the circuit court for Duval County within 30 days of this Order's execution. 2 USPS Tracking® FAQs > Track Another Package -I- Tracking Tracking Number: 70171000000070003303 Remove X Your item was delivered to an individual at the address at 5:23 pm on July 16, 2022 in ATLANTIC BEACH, FL 32233. USPS Tracking Plus® Available u m f Delivered, Left with Individual o- July 16, 2022 at 5:23 pm c ATLANTIC BEACH, FL 32233 Get Updates Text & Email Updates u Tracking History n July 16, 2022, 5:23 pm Delivered, Left with Individual ATLANTIC BEACH, FL 32233 Your item was delivered to an individual at the address at 5:23 pm on July 16, 2022 in ATLANTIC BEACH, FL 32233. July 16, 2022, 6:16 am Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER July 14, 2022, 9:07 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER USPS Tracking Plus® u Product Information u See Less " Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. cpCD a cr v n FAQs '� SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signatu'= item 4 if Restricted Delivery is desired. X ❑Agent • Print your name and address on the reverse f1 d Name) C. 0 Addr ssee so that we can return the card to you. eceivep by(Printed Date of De very ■ Attach this card to the back of the mailpiece, W � , �i `,._ or on the front if space permits. b Yes D. Is delivery address differ t from item 1? 1. Article Addressed to: If YES,enter delivery address below: 0 No 'PrfgNT V lel6A 52 A+taM-h c_ Beach a . rTf i ct�l-h G CtC h FL 32233 3. Ser)it e Type [3Certified Mail's 0 Priority Mail Express'" 0 Registered 0 Return Receipt for Merchandise Q 2613 0 Insured Mail 0 Collect on Delivery �i 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7017 1000 0000 7000 3303 (Transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt