EXHIBIT 13August 21, 2019
Mr. Andrew Stelzmann
196 Poinsettia Street
Atlantic Beach, Florida, 32233
Re: Two -unit townhome
196 and 198 Poinsettia
Atlantic Beach, Florida, 32233
Dear Mr. Stelzmann,
Hand Delivery
Agenda Item N.A.
31 Oct 2019
CITY OF ATLANTIC BEACH
800 SEMINOL2✓ ROAD
ATLANTIC BEACH, FL 32233
(904)247-5800
As you and I have previously discussed, the other half of your two -unit townhouse structure has partially
collapsed, due to moisture damage and decay. According to the Report of Findings for 198 Poinsettia Street
prepared by AGC Consulting, hie., dated August 15, 2019, the entire structure is in imminent danger of total
collapse. I have enclosed a copy of the report, which was provided to the City by the preparer, for your
information.
I understand from ow discussions that you have inspected your side of the building and found no signs of
moisture damage, sagging, or structural failure.
However, you will
probably start to see moisture damage, sagging, or signs of structural failure on your side of
the building in the near future as the other side continues to collapse or during the demolition process that may
soon occur. During these processes, the effects to your side of the building cannot be predicted and we
strongly recommend that you move out of the building now, until the building is stabilized.
Additionally, your type of building —long, narr
ow, and tall —requires specific bracing to resist wind loads,
typically accomplished with shear walls. Due to the deterioration of the other side of the building, half of the
required bracing is no longer effective, while the potential wind loads remain the same. Therefore, in
accordance with IPMC section 109. 1, Imminent danger, when the City of Atlantic Beach is in the path a
named storm, we will have no choice but to order the complete evacuation of your building. Please note,
for planning purposes, local bridges close when wind speeds exceed 39 MPH.
You and I met the engineer, Geoffrey
Gartner, PE, fiom AGC Consulting, Inc., on August 7, 2019. Please read
his attached report for more information.
Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing
construction activities and also maintenance standards for property within the City. These standards are set forth
EXHIBIT
Page 117 of 203
Agenda Item #6.A.
31 Oct 2019
in the International Property Maintenance Code and the Florida Building Code and are made part of the City of
Atlantic Beach Code of Ordinances in Chapter 6, Article Il, Section 646.
IPMC 109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or
collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and
life is endangered by the occupation of the structure, or when there is actual or potential danger to the
building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors
or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code
official is hereby authorized and empowered to order and require the occupants to vacate
the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice
reading as follows: "This L4tructure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It
shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making
the required repairs, removing the hazardous condition or of demolishing the same.
IPMC, Section 111.1 Application for appeal.. Any person directly affected by a decision of the code official or a
notice or order issued under this code shall have the right to appeal to the special magistrate, provided that a
written application for appeal is filed within 20 days after the day the decision, notice or order was served. An
application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted
thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements
of this code are adequately satisfied by other means.
IPMC, Section 111.8, Stays of enforcement. Appeals of notice and orders (other than Imminent Danger
notices) shall stay the enforcement of the notice and order until the appeal is heard by the special magistrate.
Please contact me, if you have any questions or would like to discuss this further.
Sincerely,
•acv° cSA
Dan Arlington, CBO
City of Atlantic Beach Building Official
darlington@coabms
(904) 247-5813
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