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03-05-20 CESM Agenda City of Atlantic Beach Agenda Code Enforcement Special Magistrate Meeting Thursday, March 5, 2020 - 2:00 p.m. Commission Chamber City Hall, 800 Seminole Road Page(s) 1. CALL TO ORDER 2. APPROVAL OF MINUTES 2.A. Approve minutes of the October 31, 2019 Special Called Code Enforcement Special Magistrate meeting. 10-31-19 DRAFT Special Called Code Enforcement Special Magistrate Meeting Minutes 3 - 44 2.B. Approve minutes of the December 2, 2019 Special Called Code Enforcement Special Magistrate Meeting Minutes. 12-02-19 DRAFT Special Called Code Enforcement Special Magistrate Meeting Minutes 45 - 52 2.C. Approve minutes of the January 9, 2020 Code Enforcement Special Magistrate meeting. 01-09-20 DRAFT Code Enforcement Special Magistrate Meeting Minutes 53 - 55 3. ADMINISTRATION OF OATH 4. OLD BUSINESS 4.A. CASE #: 14-00000980 NAME: Wells Fargo / Andrew Stelzmann ADDRESS: 196/198 Poinsettia Street CE 198 Poinsettia SM meeting 3-5-2020 57 - 79 4.B. CASE #: 19-181 NAME: Jeffrey A. Hite Et Al* ADDRESS: 1055 East Coast Drive CE 1055 East Coast Drive Case #19-181 19-181 Case Details Report 81 - 103 4.C. CASE #: 18-113 NAME: Desmond Demps-Brooks Sr. * ADDRESS: 1921 Mealy Street CE 1921 Mealy St. Case #18-113 18-113 Case Details Report 105 - 190 Page 1 of 216 Code Enforcement Special Magistrate - 05 Mar 2020 5. NEW BUSINESS 5.A. CASE #: 19-228 NAME: Justin A. McGurrin ADDRESS: 50 Simmons Road CE 50 Simmons Road Case #19-228 19-228 Case Details Report 191 - 216 6. ADJOURNMENT * Homesteaded Properties Please note: This meeting will be videotaped. To view the meeting video, contact Lori Diaz, Records Clerk at 247-5810 or ldiaz@coab.us. If any person decides to appeal any decision made by the Code Enforcement Special Magistrate with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk's Office not less than three (3) days prior to the date of this meeting at (904) 247 -5800 or 800 Seminole Road. Page 2 of 216 Code Enforcement Special Magistrate October 31, 2019 MINUTES Code Enforcement Special Magistrate Meeting Thursday, October 31, 2019 - 10:00 AM Commission Chamber Present: Jeb Branham, P.A.,Special Magistrate Presiding Angela Irizarry, Code Enforcement Officer Lori Diaz, Deputy City Clerk 1. CALL TO ORDER Magistrate Branham called the meeting to order at 10:00 AM. 2. PLEDGE OF ALLEGIANCE TO THE FLAG None. 3. APPROVAL OF MINUTES None. 4. ADMINISTRATION OF OATH Magistrate Branham administered the Oath to the attendees - staff, respondents, and witnesses. 5. OLD BUSINESS None. 6. NEW BUSINESS A. CASE #: 14-00000980 * (*Homesteaded Property) NAME: Andrew Stelzmann and Wells Fargo Home Mortgage ADDRESS: 196 AND 198 Poinsettia Street, Atlantic Beach, FL 32233 VIOLATION: Unsafe stairs, overgrown yard, roof soffit falling, roof deteriorating. TESTIFIED: Mr. Andrew Stelzmann, Respondent Ms. Regina Kozlowski, Century 21 Lighthouse Realty (RE Agent for Wells Fargo) Mr. John Wallace, of Lewis, Longman & Walker (Attorney presenting the hearing) Ms. Angela Irizarry, COAB Code Enforcement Officer Mr. Dan Arlington, COAB Building Official Mr. Geoff Gartner, Alexander Grace Consulting ACTION: Order issued by Special Magistrate Branham was done and executed on November 4, 2019, which is attached and made part of this Official Record as Attachment A. Attachment A Page 1 of 42 Agenda Item #2.A. 05 Mar 2020 Page 3 of 216 Code Enforcement Special Magistrate October 31, 2019 7. ADJOURNMENT There being no further discussion, Special Magistrate Branham declared the meeting adjourned at 11:45 AM. NOTE: A verbatim transcript of this meeting is attached and made part of this Official Record as Attachment B. Attachment B Attest: ________________________ __________________________________ Lori Diaz, Deputy City Clerk Jeb Branham, P.A., Special Magistrate Date Approved ____________________________ Page 2 of 42 Agenda Item #2.A. 05 Mar 2020 Page 4 of 216 ATTACHMENT A October 31, 2019 MinutesPage 3 of 42Agenda Item #2.A.05 Mar 2020Page 5 of 216 ATTACHMENT A October 31, 2019 MinutesPage 4 of 42Agenda Item #2.A.05 Mar 2020Page 6 of 216 ATTACHMENT A October 31, 2019 MinutesPage 5 of 42Agenda Item #2.A.05 Mar 2020Page 7 of 216 ATTACHMENT A October 31, 2019 MinutesPage 6 of 42Agenda Item #2.A.05 Mar 2020Page 8 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 1 of 36 sheets Page 1 to 4 of 93 11/26/2019 11:46:36 AM CITY OF ATLANTIC BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING Videotaped proceedings held on Thursday, October 31, 2019, before the Honorable Jeb T. Branham, Special Magistrate, commencing at 10:00 a.m., at City Hall, 800 Seminole Road, Commission Chambers, Atlantic Beach, Florida. PRESENT: JOHN W. WALLACE, Esq., Lewis, Longman & Walker. DAN ARLINGTON, COAB, Building Official. ANGELA IRIZARRY, COAB, Code Enforcement Officer. GEOFF GARTNER, Alexander Grace Consulting, Inc. REGINA KOZLOWSKI, Century 21 Lighthouse Realty. - - - 2 I N D E X1 2 - - - 3 4 CASE NO: 14-000009805 NAME: Andrew Stelzmann and Wells Fargo Home6 Mortgage 7 ADDRESS: 196 and 198 Poinsettia Street, Atlantic Beach, Florida 322338 9 - - -10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 3 P R O C E E D I N G S1 October 31, 2019 10:00 a.m. - - -2 SPECIAL MAGISTRATE: Good morning.3 Calling to order the Special Magistrate4 Code Enforcement hearing for the City of5 Atlantic Beach. Today is October 31st, 2019.6 It is 10 a.m.7 My name is Jeb Branham. I'm the special8 magistrate and I'll be presiding over the9 meeting.10 I'm going to begin by just going over some11 of the basic procedures that we'll be12 following.13 This meeting is governed by Florida14 Statutes, Chapter 162, and the Atlantic Beach15 Code of Ordinances. Those are the basic laws16 that govern what we're doing. There are other17 laws that also govern what we're doing.18 I make my decisions based upon a19 preponderance of the evidence. So that is20 whether it is more likely than not that any21 contested fact is correct.22 The City of Atlantic Beach bears the23 burden of proof in these proceedings. The24 parties to the matter that we're here on this25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 4 morning are the City of Atlantic Beach,1 Mr. Andrew Stelzmann, and Wells Fargo Home2 Mortgage.3 Is Mr. Stelzmann present?4 AUDIENCE MEMBERS: (No response.)5 SPECIAL MAGISTRATE: Is a representative6 of Wells Fargo Home Mortgage present?7 MS. KOZLOWSKI: Yes. Well, not mortgage,8 but --9 SPECIAL MAGISTRATE: Wells Fargo?10 MS. KOZLOWSKI: Yes.11 SPECIAL MAGISTRATE: And can you state12 your name for the record, please?13 MS. KOZLOWSKI: Regina Kozlowski.14 SPECIAL MAGISTRATE: Do you plan on giving15 testimony today?16 MS. KOZLOWSKI: If I have to, I guess.17 SPECIAL MAGISTRATE: Okay. The first18 thing I'd like to do is, if you are planning on19 giving testimony today, could you please raise20 your hand?21 AUDIENCE MEMBERS: (Comply.)22 SPECIAL MAGISTRATE: All right. So I'm23 going to swear all the witnesses who are24 planning on giving testimony in right now, and25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 7 of 42 Agenda Item #2.A. 05 Mar 2020 Page 9 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11/26/2019 11:46:36 AM Page 5 to 8 of 93 2 of 36 sheets 5 you're taking an oath to tell the truth. If we1 have other witness who are not sworn in that we2 need to call later, during the order of3 proceeding, we'll do that.4 So all witnesses who are planning on5 giving testimony, please raise your hand.6 AUDIENCE MEMBERS: (Comply.)7 SPECIAL MAGISTRATE: And answer the8 question: Do you swear or affirm that the9 evidence you are about to give will be the10 truth, the whole truth, and nothing but the11 truth?12 AUDIENCE MEMBERS: (Respond13 affirmatively.)14 SPECIAL MAGISTRATE: Thank you.15 (Audience member enters the proceedings.)16 SPECIAL MAGISTRATE: Are you17 Mr. Stelzmann?18 AUDIENCE MEMBER: Yes, I am.19 SPECIAL MAGISTRATE: Mr. Stelzmann, my20 name is Jeb Branham. I'm the Special21 Magistrate over Code Enforcement --22 MR. STELZMANN: Okay.23 SPECIAL MAGISTRATE: -- for the City of24 Atlantic Beach. I'm running the hearing today.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 6 We just got started, but just went over some1 basics about the hearing, which is that it's2 governed by Florida Statute, Chapter 162, and3 the Atlantic Beach Code of Ordinances.4 Do you plan on giving testimony today?5 MR. STELZMANN: Testimony on what?6 SPECIAL MAGISTRATE: On the Code7 Enforcement matter that's --8 MR. STELZMANN: Yes.9 SPECIAL MAGISTRATE: So I swore the10 witnesses in. I'm going to swear you in as11 well.12 MR. STELZMANN: Okay.13 SPECIAL MAGISTRATE: Can you raise your14 right hand, please?15 MR. STELZMANN: Sure.16 (Complies.)17 SPECIAL MAGISTRATE: Do you swear or18 affirm that the evidence you are about to give19 will be the truth, the whole truth, and nothing20 but the truth?21 MR. STELZMANN: Yes.22 SPECIAL MAGISTRATE: All right. So you're23 pretty well caught up.24 The first stage of these proceedings is25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 7 that the City of Atlantic Beach will present1 their case, and then -- you're one of the2 respondents in this action, along with Wells3 Fargo. You will also have an opportunity to4 put on whatever evidence that you want to put5 on. Both of you will have an opportunity, if6 you want to, to cross-examine any witnesses7 that the City calls, and the City may also8 cross-examine the respondents. So it's -- it9 works very much like a trial.10 And can you give me your name, please?11 MR. WALLACE: John Wallace, Lewis, Longman12 & Walker, and I will be presenting the hearing13 today.14 SPECIAL MAGISTRATE: Excellent.15 I will announce a decision at the end of16 the hearing today. I will not provide a17 written decision at the end of the hearing, but18 later I will issue a written decision, but I19 will announce what my decision is. It will be20 followed up with a formal written decision that21 will be served on the parties to the22 proceeding.23 Evidence. We're not strictly following24 the Florida Rules of Evidence, but they are a25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 8 general guideline to what we are doing here.1 If you -- if any party disagrees with my2 decision, there are appeal rights. You have3 the right to request a rehearing from the City4 Clerk. That has to be done in writing within5 ten days of the execution of my written order.6 In addition to being able to request a7 rehearing, you can also appeal my decision to8 the Circuit Court for Duval County, Florida.9 That must be done within 30 days of the10 execution of my written order. Those are very11 important deadlines. If they're missed, then12 you lose your appeal rights.13 Let me also remind everyone here that the14 meeting is being recorded and it is also being15 live-streamed. If you have a cell phone, this16 is probably a good time to make sure you've got17 your ringer off. If you do need to take a18 call, I ask that you step outside and take your19 call outside of the meeting.20 The precise matter that we are here on21 concerns structures located at 196 and 19822 Poinsettia Street in Atlantic Beach, Florida.23 Those structures, according to the record, are24 owned by Mr. Andrew Stelzmann and Wells Fargo.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 8 of 42 Agenda Item #2.A. 05 Mar 2020 Page 10 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 3 of 36 sheets Page 9 to 12 of 93 11/26/2019 11:46:36 AM 9 The issue is whether there is an imminent1 danger of failure of -- collapse of the2 structures, whether that endangers life and the3 occupants of the structure. So, in other4 words, is the structure dangerous such that it5 is unfit for continued use.6 With that being said, the City may begin.7 MR. WALLACE: Thank you, Judge.8 Just order of business, I have copies of9 the updated agenda, and -- do you have the10 updated agenda that was sent out last night?11 SPECIAL MAGISTRATE: I do, yes.12 MR. WALLACE: Mr. Stelzmann, do you have a13 copy of the agenda? This has the exhibits that14 I'll be referring to throughout the15 presentation.16 MR. STELZMANN: All right.17 Thank you.18 MR. WALLACE: And this is numbered. The19 actual exhibits should be numbered in there.20 (Tenders document to Mr. Stelzmann.)21 We will be referring to those numbers.22 Judge, would you like a brief overview or23 do you just want me to go directly to the24 witness?25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 10 SPECIAL MAGISTRATE: I think a brief1 overview would be helpful, particularly for the2 members of the audience.3 MR. WALLACE: Okay. So 196 -- and what4 you'll hear today is that 196 and 1985 Poinsettia Street are a -- basically, a duplex,6 although the ownership of 196 and 198 are in --7 obviously, two different people. The typical8 situation with a duplex is that they would be9 owned by a single owner.10 This is a relatively tall structure. It's11 a three-story structure. It's approximately12 28 feet tall. Each of the individual units is13 three stories, and basically the structure is14 divided down the middle.15 What I believe you will hear is that, due16 to the construction of this building, each side17 is dependent on the other. They share a common18 wall; 198 is tied into 196 through a common19 wall. And, unfortunately, over the last20 several years 198 Poinsettia has fallen into a21 severe state of disrepair. It was complicated22 by a foreclosure on 198 Poinsettia. That23 foreclosure concluded earlier this year, the24 spring, early summer of this year, and Wells25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 11 Fargo took title to that structure.1 In the course of the City speaking with2 Wells Fargo concerning the condition of 198,3 Wells Fargo engaged an engineer to perform a4 study of the -- of 198. He performed an5 inspection and subsequently issued an6 engineering report. That report was issued in7 approximately -- in mid August.8 Subsequent to that report being issued,9 Hurricane Dora [sic] passed by. And due to the10 weather that we had there, 198 became further11 dilapidated and the engineer was asked to do a12 follow-up inspection report. He did so, and13 concluded that, due to the nature of the14 dilapidation of 198 Poinsettia, it was in15 imminent danger of collapsing, and he concluded16 that its collapse would also potentially cause17 the collapse of 196 Poinsettia.18 And so that is basically how we're -- why19 we're here today.20 The engineer also concluded that, while21 you could probably correct any problem if you22 threw enough money at it, in this situation the23 structure is so far -- 198 is so far gone, that24 it would be extremely expensive to correct it25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 12 and to shore up 196. And, in any event, it1 would be impossible to do anything to shore up2 196 while Mr. Stelzmann is still in 196 because3 it would be simply too dangerous to do so.4 So what we will be asking for is an order5 requiring Mr. Stelzmann to vacate 196, and then6 we will be asking Your Honor to issue an order7 either requiring the demolition of the two8 structures or requiring Mr. Stelzmann and the9 bank to come to some agreement as to how they10 will proceed to shore up -- to take 198 down11 and shore up 196.12 So with that, I will call Ms. Angela13 Irizarry, Code Enforcement officer for Atlantic14 Beach.15 (Ms. Irizarry approaches the podium.)16 MR. WALLACE: Could you introduce17 yourself?18 MS. IRIZARRY: Hello.19 My name is Angela Irizarry.20 MR. WALLACE: And you're the Code21 Enforcement officer in Atlantic Beach?22 MS. IRIZARRY: Yes, I am.23 MR. WALLACE: How long have you been with24 Atlantic Beach?25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 9 of 42 Agenda Item #2.A. 05 Mar 2020 Page 11 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11/26/2019 11:46:36 AM Page 13 to 16 of 93 4 of 36 sheets 13 MS. IRIZARRY: For one year.1 MR. WALLACE: Now, we're here on a Notice2 of Violation with regard to 196 and 1983 Poinsettia Street. Could you just generally4 describe the structure, 196/198 Poinsettia?5 MS. IRIZARRY: 196 and 198 is a6 three-story duplex structure that has a shared7 load-bearing common wall that goes down the8 middle of the buildings.9 MR. WALLACE: Okay. I'm going to show you10 Exhibit 1. Could you take a look at it and11 tell me what this is and -- this is going to be12 on Page 150 and 151 of the agenda packet.13 MS. IRIZARRY: This is the warranty deed14 confirming ownership of 196 to Mr. Andrew15 Stelzmann.16 MR. WALLACE: Okay. Is that the document17 that you relied on to determine Mr. Stelzmann18 owned 196 Poinsettia Street?19 MS. IRIZARRY: Yes, it is.20 MR. WALLACE: I'm going to give you21 Exhibit 2. Could you review Exhibit 2 and tell22 me what it is? And this -- Exhibit 2 is going23 to be at Page 177 of the agenda packet.24 MS. IRIZARRY: This is the Certificate of25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 14 Title issuing ownership of 198 Poinsettia to1 Wells Fargo.2 MR. WALLACE: Okay. Is that the document3 you relied upon in establishing Wells Fargo as4 the owner of 198 Poinsettia Street?5 MS. IRIZARRY: Yes, it is.6 MR. WALLACE: When was -- well, 1987 Poinsettia Street has been the subject of a8 number of Code Enforcement proceedings,9 correct?10 MS. IRIZARRY: Correct.11 MR. WALLACE: When was 198 Poinsettia12 first cited?13 MS. IRIZARRY: In April of 2014.14 MR. WALLACE: Okay. And then was it --15 was a follow-up Notice of Violation issued in16 May of that same year?17 MS. IRIZARRY: Yes, it was.18 MR. WALLACE: Okay. I'm going to hand you19 Exhibit 3. This is, excuse me, Pages 7 through20 10 of the agenda packet. Could you take a21 moment to review Exhibit 3? And let me know22 when you've finished.23 MS. IRIZARRY: (Complies.)24 Okay.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 15 MR. WALLACE: And is that the Notice of1 Violation that was issued in May of 2014 for2 198 Poinsettia Street?3 MS. IRIZARRY: Yes, it is.4 MR. WALLACE: Did the Notice of Violation5 marked as Exhibit 3 proceed to hearing for the6 Code Enforcement Board of Atlantic Beach?7 MS. IRIZARRY: Yes, it did.8 MR. WALLACE: What was the outcome of that9 hearing?10 MS. IRIZARRY: A Code Enforcement order11 was issued giving the defendant until12 January 2nd to complete repairs to the13 building. And if not, fines would be imposed14 in the amount of $250 per day.15 MR. WALLACE: Who was the owner of 19816 Poinsettia Street at that time?17 MS. IRIZARRY: Wayne -- or Scott -- Wayne18 Douglas Scott.19 MR. WALLACE: I'm going to hand you20 Exhibit 4. Exhibit 4 is -- should immediately21 follow Exhibit 3 in the agenda packet. Could22 you take a moment and review that document?23 MS. IRIZARRY: (Complies.)24 Okay.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 16 MR. WALLACE: Would you identify it for1 us?2 MS. IRIZARRY: Yes. This is the order3 imposing fine on this property.4 MR. WALLACE: And that is the order that5 was issued subsequent to the hearing on the6 Notice of Violation marked as Exhibit 3?7 MS. IRIZARRY: Correct.8 MR. WALLACE: Subsequent to the issuance9 of the order marked as Exhibit 4 --10 MS. IRIZARRY: This is actually an earlier11 order, I apologize.12 MR. WALLACE: Okay.13 MS. IRIZARRY: This was an earlier order14 from 2014. Fines were not imposed at that15 time. Fines were actually finally imposed in16 2017. There's a later order dated November17 18th.18 MR. WALLACE: November 18th of what year?19 MS. IRIZARRY: Of 2016.20 MR. WALLACE: Okay. So just to clarify21 the record, Exhibit 4 -- could you tell us the22 date of Exhibit 4?23 MS. IRIZARRY: This is dated November 17,24 2014.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 10 of 42 Agenda Item #2.A. 05 Mar 2020 Page 12 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 5 of 36 sheets Page 17 to 20 of 93 11/26/2019 11:46:36 AM 17 MR. WALLACE: And that is the order that1 was first associated with the Notice of2 Violation that is Exhibit 3?3 MS. IRIZARRY: Correct.4 MR. WALLACE: Okay. I'm going to hand you5 Exhibit 5. This is Pages 42 through 44 of the6 agenda packet. Could you take a moment and7 review Exhibit 5?8 MS. IRIZARRY: (Complies.)9 Okay.10 MR. WALLACE: Could you tell us what11 Exhibit 5 is?12 MS. IRIZARRY: This is a Notice of13 Violation that was issued in August --14 August 5th, 2016, following up on the case.15 MR. WALLACE: Okay. And who was that16 Notice of Violation issued to?17 MS. IRIZARRY: Wayne Douglas Scott.18 MR. WALLACE: And what violations were19 listed in Exhibit 5?20 MS. IRIZARRY: They were cited for the21 structure being unfit for human occupancy; for22 the walking service of the stairs being unsafe;23 for the property being a vacant structure and24 not being maintained; for weeds on the25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 18 property; for violations of protractive1 treatment, which is the paint that protects the2 wood surfaces; for the exterior walls being3 rotted, having rotten wood siding and a rotten4 soffit; for the roof being in disrepair; for5 the stairs having no anchors; for the structure6 being a nuisance and overall dilapidated.7 MR. WALLACE: Did the Notice of Violation8 marked as Exhibit 5 go to hearing?9 MS. IRIZARRY: Yes, it did.10 MR. WALLACE: And what was the outcome of11 the hearing on Exhibit 5?12 MS. IRIZARRY: This is the hearing where13 they were given until January 2nd of 2017 to14 correct all of these violations or fines would15 be imposed in the amount of $250 per day.16 MR. WALLACE: Okay. I'm going to hand you17 a document marked as Exhibit 6. Could you take18 a moment and review that document?19 MS. IRIZARRY: (Complies.)20 Okay.21 MR. WALLACE: Could you identify Exhibit 622 for us?23 MS. IRIZARRY: This is the Code24 Enforcement order that imposed those fines of25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 19 $250 per day if it was not in compliance by1 January 2nd.2 MR. WALLACE: Did that order find3 violations of all of the provisions cited in4 Exhibit 5?5 MS. IRIZARRY: Yes, it did.6 MR. WALLACE: Were the repairs and -- the7 repairs ordered by the order marked as8 Exhibit 6 undertaken?9 MS. IRIZARRY: No.10 MR. WALLACE: All right. I'm going to11 hand you a document that is marked as12 Exhibit 7. Exhibit 7 is Page 68 of the agenda13 packet. Would you just take a moment and14 review that document?15 MS. IRIZARRY: (Complies.)16 Okay.17 MR. WALLACE: Could you identify18 Exhibit 7?19 MS. IRIZARRY: This is a memo that was20 issued to our files and to our record regarding21 198, in which the building official, Dan22 Arlington, documented his opinion that the --23 198 Poinsettia was no longer repairable and24 that it needed to be demolished.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 20 MR. WALLACE: What is the date of1 Exhibit 7?2 MS. IRIZARRY: March 7th, 2019.3 MR. WALLACE: Could you read the full text4 into the record?5 MS. IRIZARRY: It says:6 Background, 196 and 198 Poinsettia Street7 are each one-half of a townhouse-type8 structure. The structure was built in 1983.9 It is a three-story, wood frame structure and10 does not appear to comply with current building11 codes regarding fire resistance rated and12 structurally independent separation walls.13 Based on my on-site inspections of 19814 Poinsettia, one-half of the two-unit townhouse15 structure -- the wood-framed walls, floors,16 ceiling assemblies and roof -- are moisture17 damaged and deteriorated past the point of18 repair and must be demolished at least down to19 the slab.20 When demolished, the existing adjacent21 196 Poinsettia will have to be protected from22 damage, supported where needed, and the newly23 exposed wall made weatherproof, complying with24 the Florida Building Code.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 11 of 42 Agenda Item #2.A. 05 Mar 2020 Page 13 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11/26/2019 11:46:36 AM Page 21 to 24 of 93 6 of 36 sheets 21 Please contact me if you have any1 questions.2 Dan Arlington.3 MR. WALLACE: And that was a memorandum to4 the file?5 MS. IRIZARRY: Correct.6 MR. WALLACE: Just backing up a little7 bit, could you just quickly thumb through8 Exhibits 1 through 7 and tell us whether all of9 those exhibits are certified copies of records10 of the City of Atlantic Beach?11 MS. IRIZARRY: So all but the warranty12 deed.13 MR. WALLACE: And --14 MS. IRIZARRY: And that is certified by15 the City of Jacksonville.16 MR. WALLACE: Okay. And the Certificate17 of Title, is that also certified by the Clerk18 of Court for Duval County, Florida?19 MS. IRIZARRY: Yes, it is.20 MR. WALLACE: Okay. I'm going to give you21 a document marked as Exhibit 8. Exhibit 8 is22 Pages 71 through 73 in the agenda packet.23 Could you take a moment and review Exhibit 8?24 MS. IRIZARRY: (Complies.)25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 22 Okay.1 MR. WALLACE: Do you recognize that2 document?3 MS. IRIZARRY: Yes, I do.4 MR. WALLACE: And what is it?5 MS. IRIZARRY: This is a violation notice6 sent to Wayne Douglas Scott ordering him to7 demolish and -- the property at 198 Poinsettia.8 MR. WALLACE: What is the date of9 Exhibit 8?10 MS. IRIZARRY: April 26th, 2019.11 MR. WALLACE: At that time, had any of the12 various corrective actions that had been13 ordered by the Code Enforcement Board for14 198 Poinsettia Street been undertaken?15 MS. IRIZARRY: No, they had not.16 MR. WALLACE: Did that document, that17 notice ever go to hearing before the magistrate18 or the Code Enforcement Board?19 MS. IRIZARRY: Wayne Douglas Scott was20 noticed for hearing and then the property21 changed hands to Wells Fargo. We did take this22 property to hearing to review the fines on the23 property.24 MR. WALLACE: When you say it changed25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 23 hands, that -- that was basically the1 foreclosure went through and the sale?2 MS. IRIZARRY: Correct.3 MR. WALLACE: I am going to hand you what4 has been marked as Exhibit 9. Could you take a5 moment and review that? Exhibit 9, excuse me,6 is Pages 76 through 80 of the agenda packet.7 MS. IRIZARRY: (Complies.)8 Okay.9 MR. WALLACE: Could you tell us what10 Exhibit 9 is?11 MS. IRIZARRY: This is a Code Enforcement12 order reducing the fines on the property from13 $230,000 down to $5,000.14 MR. WALLACE: And why were those fines15 reduced to $5,000?16 MS. IRIZARRY: The City was trying to make17 the property more viable for an investor to18 purchase it and someone who would purchase the19 property and do the repairs or do the20 demolition.21 MR. WALLACE: Subsequent to the issuance22 of the order marked as Exhibit 9, were you23 in contact with the representatives from24 Wells Fargo concerning the state of 19825 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 24 Poinsettia Street?1 MS. IRIZARRY: Yes.2 MR. WALLACE: And could you just summarize3 those discussions for us?4 MS. IRIZARRY: From the time Wells Fargo5 took title to the property, we notified them6 that an order was outstanding on the property7 to be demolished. Wells Fargo agreed to the8 demolition. They were -- their hands were tied9 until they actually took ownership of the10 property, after the foreclosure went through.11 And then once the foreclosure occurred, they've12 taken steps to try to move forward in that13 direction.14 MR. WALLACE: What was the actual date15 that Wells Fargo took title to 198 Poinsettia16 Street?17 MS. IRIZARRY: The Certificate of Title is18 issued on January 19th, 2019. Sorry, the19 action -- the foreclosure action was on20 June 19th, 2019, and the Certificate of Title21 was recorded on July 1st.22 MR. WALLACE: 2019?23 MS. IRIZARRY: 2019.24 MR. WALLACE: All right. So at some point25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 12 of 42 Agenda Item #2.A. 05 Mar 2020 Page 14 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 7 of 36 sheets Page 25 to 28 of 93 11/26/2019 11:46:36 AM 25 did Wells Fargo engage an engineer to perform1 an analysis of 198 Poinsettia Street?2 MS. IRIZARRY: Yes, they did.3 Initially, they contracted with an4 engineer in August of 2019.5 MR. WALLACE: And what was the name of the6 engineer?7 MS. IRIZARRY: Geoff Gartner.8 MR. WALLACE: I'm going to show you9 Exhibit 10. This is going to be Pages 10310 through 116 of the agenda packet. Could you11 take a look at Exhibit 10 and let me know when12 you finish?13 MS. IRIZARRY: (Complies.)14 Okay.15 MR. WALLACE: Do you recognize that16 document?17 MS. IRIZARRY: Yes, I do.18 MR. WALLACE: What is it?19 MS. IRIZARRY: This is the initial report20 of findings that was issued by the engineer21 regarding 198 Poinsettia.22 MR. WALLACE: And what is the date of that23 report?24 MS. IRIZARRY: August 15th, 2019.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 26 MR. WALLACE: And who did you receive1 that -- or did you receive a copy of that2 report?3 MS. IRIZARRY: Yes, I did.4 MR. WALLACE: Who did you receive it from?5 MS. IRIZARRY: Geoff Gartner.6 MR. WALLACE: I'm going to show you what I7 have marked as Exhibit 11. This exhibit is8 Pages 119 through 149 of the agenda packet.9 Could you take a moment and review Exhibit 11?10 MS. IRIZARRY: (Complies.)11 Okay.12 MR. WALLACE: Do you recognize it?13 MS. IRIZARRY: Yes, I do.14 MR. WALLACE: What is it?15 MS. IRIZARRY: This is the report of16 findings that was issued by Geoff Gartner on17 October 2nd, 2019, regarding 198 and 19618 Poinsettia.19 MR. WALLACE: Okay. Did you also receive20 a copy of that document?21 MS. IRIZARRY: Yes, I did.22 MR. WALLACE: And who did you receive that23 from?24 MS. IRIZARRY: From Geoff Gartner.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 27 MR. WALLACE: Now, between the initial1 report that's marked as Exhibit 10 and the2 subsequent report marked as Exhibit 11, what3 happened?4 MS. IRIZARRY: Hurricane Dorian occurred5 and caused the structure to deteriorate even6 more.7 MR. WALLACE: Okay. I am going to hand8 you -- pardon me. Have you, yourself, been to9 196 and 198 Poinsettia Street?10 MS. IRIZARRY: Yes, I have.11 MR. WALLACE: When were you last there?12 MS. IRIZARRY: October 28th.13 MR. WALLACE: I am going to hand you14 what's been marked as Exhibit 12. These are a15 series of photos. They are on Pages 18116 through 200 of the agenda. Could you take a17 moment and review those? And those are18 double-sided, I apologize for that.19 MS. IRIZARRY: (Complies.)20 Okay.21 MR. WALLACE: Now, what is the date of the22 first page of -- the photo on the first page of23 that packet?24 MS. IRIZARRY: October 17th, 2016.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 28 MR. WALLACE: Okay. Could you take a look1 at the -- all of the subsequent pages and tell2 me what their dates are?3 MS. IRIZARRY: There's one photo dated4 April 11th, 2019, and the rest are5 October 28th, 2019.6 MR. WALLACE: The photos within7 Exhibit 12, dated October 28th, 2019, were you8 present when those photographs were taken?9 MS. IRIZARRY: Yes, I was.10 MR. WALLACE: Do they accurately reflect11 the condition of 198 Poinsettia Street on12 October 28th, 2019?13 MS. IRIZARRY: Yes, they do.14 MR. WALLACE: Nothing further.15 SPECIAL MAGISTRATE: Are you going to be16 calling Mr. Arlington?17 MR. WALLACE: I will be.18 SPECIAL MAGISTRATE: Okay. I don't have19 any questions for Ms. Irizarry.20 MR. WALLACE: So either --21 SPECIAL MAGISTRATE: Yeah, I'll ask him.22 So either Wells Fargo or Mr. Stelzmann,23 you have the opportunity to ask Ms. Irizarry24 questions. Would you like -- would either of25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 13 of 42 Agenda Item #2.A. 05 Mar 2020 Page 15 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11/26/2019 11:46:36 AM Page 29 to 32 of 93 8 of 36 sheets 29 you like to do that?1 MR. STELZMANN: Yes.2 SPECIAL MAGISTRATE: Okay. Why don't you3 start?4 MR. STELZMANN: Okay. Do I --5 SPECIAL MAGISTRATE: Please come up to the6 podium, yes.7 (Mr. Stelzmann approaches the podium.)8 SPECIAL MAGISTRATE: And when you come up,9 just state your name for the record, and ask10 her the questions that you would like to ask11 her.12 MR. STELZMANN: Sure.13 Andy Stelzmann, 196 Poinsettia Street.14 I've read the findings and exhibits -- and15 exhibits also. This has been an ongoing16 problem since the gentleman owned the place.17 Everything you said is in accordance to what18 was -- has been going on.19 When the gentleman was owning the20 property, I even went to him and informed him21 of the fact that there were holes in the roof,22 manhole-size holes in the roof. And this is23 what's causing the deterioration of the24 property, basically, in a nutshell.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 30 Unfortunately, he did nothing, as you realize,1 the exact behavior. When you issued him all2 these warnings and citations, he did exactly3 nothing.4 So now that Wells Fargo owns it, since5 June of this year, they came to me and told me6 that it is possible to demolish their side7 without affecting my side. So I agree with8 everything in this report except for the fact9 that demolishing that side would affect my10 side. I don't agree with that, and I can give11 you reasons why if you'd like me to.12 SPECIAL MAGISTRATE: Please.13 MR. STELZMANN: Okay. The building was14 built in 1983. It did not -- as far as the15 firewall back in those days, it did not have16 the same standards of today's firewalls. I'm17 not an expert on firewalls, but I did talk with18 several construction people on firewalls.19 The existing firewall is basically about20 15 inches, maybe 20 inches apart. It has21 scattered studs. You refer to them as "zipper22 studs," I think, in your report. And there's23 insulation. So it's not a highly effective24 firewall. If one side caught fire, the other25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 31 side would easily catch fire.1 Today's standards on firewalls are much2 higher, whereas if one side of a multi-property3 unit or duplex, triplex, quadriplex, whatever,4 caught fire, the others would not catch fire.5 So the other very important part that this6 report failed to point out is, the two7 structures -- my side and his side are exactly8 the same. They're not mirror images like the9 other townhomes within the Salt Air10 neighborhood. Basically, one is like -- like11 this on the other (indicating). It's --12 they're exactly the same, except one is turned13 around on -- on the side.14 Now, one-third of the shared wall is the15 only part that's critical. That's the middle16 third. That's the only part that I share with17 the other side. And I seriously doubt, if they18 tore down the -- I believe it's the northern19 half of the unit, which is 198, it would not20 have any effect on my side because ever since21 1983, the outer third, the third that is his --22 his balcony, his outside second floor balcony,23 has been standing fine. If they tore that24 down, it would not affect my side at all.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 32 SPECIAL MAGISTRATE: Mr. Stelzmann, I'm1 going to stop you for just a second.2 MR. STELZMANN: Okay.3 MR. WALLACE: Just two points of order.4 One, I know we're less formal here, but I5 would object, based upon -- there's been no6 showing that he has the scientific background7 to render those opinions. And, two, if we're8 getting into testimony versus cross-examination9 of the witness, I just want to -- just how you10 handle that. I'm not --11 SPECIAL MAGISTRATE: Yeah. So going12 forward, if you have an objection, just object13 like you would in court.14 And as a party, Mr. Stelzmann, you have15 the same right to object as well, and I'll deal16 with them.17 So the first -- the second point is well18 taken, which is that -- when the City finishes,19 you'll have an opportunity to say everything20 that you want to say. Right now, do you have21 any questions for Ms. Irizarry?22 MR. STELZMANN: Nothing specific, no.23 SPECIAL MAGISTRATE: Okay. How much24 longer do you need to just fully state your25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 14 of 42 Agenda Item #2.A. 05 Mar 2020 Page 16 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 9 of 36 sheets Page 33 to 36 of 93 11/26/2019 11:46:36 AM 33 side of the case?1 MR. STELZMANN: Maybe five minutes.2 SPECIAL MAGISTRATE: I'll tell you what3 we'll do, since we're about halfway through4 with it, I'm just going to let him state his5 side of things, and then I'll give him an6 opportunity to say anything more when the City7 finishes. If there's any other8 cross-examination, we'll keep a tighter window9 on it.10 So -- I expect the City of Atlantic Beach11 is going to call several more witnesses, so12 you'll get an opportunity to cross-examine13 then, but that -- that'll -- I'll limit that14 part to just questions.15 Does that make sense?16 MR. STELZMANN: Sure.17 SPECIAL MAGISTRATE: Okay. So go ahead.18 MR. STELZMANN: Okay. So if you look at19 the blueprints which were created in 1983 and20 if you superimpose my side to the side that's21 at question today, the only shared wall is the22 middle third wall. The first third -- the only23 thing that we have in common is my balcony on24 his side. So if you tear down his side, it's25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 34 not going to affect my balcony. Now, all they1 have to do is keep that wall --2 MR. WALLACE: I object again for lack3 of -- there's been no demonstration that he has4 the expertise necessary to render that opinion.5 SPECIAL MAGISTRATE: I understand. So6 what I'll do -- we can do this two ways. You7 can cross-examine him on what his8 qualifications are or I -- I can ask him9 questions to establish -- but I want to give10 him a chance to just say his part.11 MR. WALLACE: I understand. I just wanted12 to preserve it.13 SPECIAL MAGISTRATE: I understand.14 Go ahead.15 MR. STELZMANN: Okay. Well, just for the16 record, I have contacted several general17 contractors whom I know over the years because18 I'm a real estate investor myself, and they've19 agreed with me --20 MR. WALLACE: Again, objection, hearsay.21 I know it's relaxed, but --22 SPECIAL MAGISTRATE: Yeah, so just --23 let's give him a chance to say what he wants to24 say and then what I'll suggest you do is ask25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 35 him a few basic questions about his1 qualifications and what the sources of the2 opinions are, those kinds of things, and I will3 take that as to the weight of his testimony.4 MR. WALLACE: Understood.5 SPECIAL MAGISTRATE: Okay.6 MR. STELZMANN: But the -- but the point7 that I'm trying to hone in on is the fact that,8 if you completely demolish his side, like in a9 special way -- and I've talked with many10 building contractors. They've done this11 before, where there's -- whether it's a duplex,12 whether it's a triplex, it's a very special --13 specialized type of demolition and it takes14 longer and it's more expensive because you15 can't -- you can't just come in with a backhoe16 and completely demolish the place. You have to17 be very specialized in how you take apart the18 boards, how you take apart everything in there.19 But the point I'm trying to hone in on is,20 the first third and the last third, no effect21 will take place because the only thing that's22 shared is the balcony on his side, and the23 balcony -- the back third is his balcony. So24 if you do anything there, it's not going to25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 36 affect my side. And then the first third is my1 balcony. If you do anything there, all you2 have to do is keep that wall, that three-story3 wall.4 The only critical part is the middle5 third, and I seriously doubt anything will6 happen once they demolish his side.7 SPECIAL MAGISTRATE: Anything else?8 MR. STELZMANN: That's it.9 SPECIAL MAGISTRATE: Okay. I just have a10 couple of questions for you.11 MR. STELZMANN: Sure.12 SPECIAL MAGISTRATE: Have you had any13 contractors look at the building recently for14 the specific purpose of trying to figure out15 how the deterioration --16 MR. STELZMANN: Not immediately recently,17 but over the last few months, yes.18 SPECIAL MAGISTRATE: Did they give you any19 written estimates or anything written --20 MR. STELZMANN: Nothing written, no, just21 verbal.22 SPECIAL MAGISTRATE: Did they tell you how23 long it might take to do that work?24 MR. STELZMANN: We didn't get into25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 15 of 42 Agenda Item #2.A. 05 Mar 2020 Page 17 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11/26/2019 11:46:36 AM Page 37 to 40 of 93 10 of 36 sheets 37 specifics, no. Basically, they said, yeah, you1 could probably do it if you do it carefully.2 So they didn't tell me how long, they didn't --3 they didn't give me anything in writing,4 nothing like that, so ...5 SPECIAL MAGISTRATE: Did you have any6 questions for Mr. Stelzmann?7 MR. WALLACE: If it's okay with Your8 Honor, I'd just reserve. I'm assuming he's9 going to have something to say towards the end.10 And given that you're going to -- you mentioned11 that you would provide him that opportunity.12 I'll reserve all my cross for then if that's13 okay with you.14 SPECIAL MAGISTRATE: Okay. That's fine.15 So just to let you know how this will16 work, the City of Atlantic Beach will call some17 additional witnesses. You can sit down.18 You'll have an opportunity to come up and ask19 some questions. And when they're finished, if20 you have anything else to say, you can come up21 and say that. You can also call your own22 witnesses and we'll just work through it this23 way.24 Does Wells Fargo have any questions for25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 38 Ms. Irizarry?1 MS. KOZLOWSKI: No.2 SPECIAL MAGISTRATE: So Wells Fargo has3 indicated that they don't have any questions.4 Would you like to call your next witness?5 MR. WALLACE: Yes. I will call Dan6 Arlington.7 (Mr. Arlington approaches the podium.)8 MR. WALLACE: Could you introduce9 yourself?10 MR. ARLINGTON: I'm Dan Arlington, the11 City building official for Atlantic Beach.12 MR. WALLACE: How long have you been the13 building official for Atlantic Beach?14 MR. ARLINGTON: Five-and-a-half years.15 MR. WALLACE: And what did you do prior to16 coming to work for the City of Atlantic Beach?17 MR. ARLINGTON: I was a plans examiner for18 the -- for St. Johns County.19 MR. WALLACE: And how long did you work20 for St. Johns County?21 MR. ARLINGTON: Eleven years.22 MR. WALLACE: Tell me about your duties as23 a plans examiner for St. Johns County.24 MR. ARLINGTON: To be a plans examiner,25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 39 you have to have a State license, which I have,1 and I reviewed plans. They would -- they would2 come in, both commercial and residential. We3 would review the plans, write up any4 inconsistencies or violations, and send it back5 to the builder for corrections, and then6 eventually accept the plans and approve them.7 MR. WALLACE: And just to be clear, the8 plans you're referring to are construction9 drawings, construction plans?10 MR. ARLINGTON: Construction drawings,11 yes, sir, and other -- other documents, other12 construction documents.13 MR. WALLACE: Now, could you just describe14 briefly your duties as the building official15 for the City of Atlantic Beach?16 MR. ARLINGTON: As the building official,17 I am the administrative official for the18 Building Department. I have final say on what19 gets passed and what gets sent back for20 corrections.21 MR. WALLACE: Do you also review building22 plans, construction drawings in this capacity?23 MR. ARLINGTON: Yes.24 MR. WALLACE: What other experience, if25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 40 any, do you have in the construction industry?1 MR. ARLINGTON: I was the building2 official in Neptune Beach for five years in the3 '90s. Before that, I spent 25 years with my4 tools on as a -- I'm a carpenter by trade.5 MR. WALLACE: Okay. And do you also act6 as a general contractor?7 MR. ARLINGTON: Yes. I had a general8 contractor's license in the late '70s.9 MR. WALLACE: And have you built10 single-family homes?11 MR. ARLINGTON: Yes.12 MR. WALLACE: Have you built multifamily13 apartments?14 MR. ARLINGTON: Four units. Up to four15 units, yes.16 MR. WALLACE: Duplexes as well?17 MR. ARLINGTON: No. Either single-family18 or a four-unit.19 MR. WALLACE: And how did you first get20 into the construction industry?21 MR. ARLINGTON: My whole family is in22 construction. I started as a teenager with my23 father, uncles and grandfather, from the '60s24 on up.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 16 of 42 Agenda Item #2.A. 05 Mar 2020 Page 18 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11 of 36 sheets Page 41 to 44 of 93 11/26/2019 11:46:36 AM 41 MR. WALLACE: And so that -- that would1 have been from the early/mid 1960s, what --2 approximately when?3 MR. ARLINGTON: Probably 1965 on.4 MR. WALLACE: Okay. And so from that5 point, what -- what year did you leave the6 actual hands-on construction industry and go7 into the government-type employment as a plans8 reviewer?9 MR. ARLINGTON: I started with St. Johns10 County in 1992.11 MR. WALLACE: So we're talking12 approximately 30 years of experience in the13 trade?14 MR. ARLINGTON: Yes.15 MR. WALLACE: Okay. I am going to show16 you an exhibit we previously discussed. It was17 marked as Exhibit 7.18 Pardon me one moment, Judge.19 SPECIAL MAGISTRATE: Certainly.20 MR. WALLACE: Could you take a look at21 Exhibit 7? And that's, again, the memorandum22 from yourself.23 MR. ARLINGTON: Yes. This is the24 memorandum that the Code Enforcement officer25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 42 read earlier.1 MR. WALLACE: And what prompted you to2 issue that memo?3 MR. ARLINGTON: I was asked to go on site4 by the Code Enforcement officer. And when I5 saw it, I wrote this memo to describe what I6 saw.7 MR. WALLACE: Okay. How many times have8 you visited 198 Poinsettia Street?9 MR. ARLINGTON: Dozens of times.10 MR. WALLACE: Could you just generally11 describe the progression of, I guess, the12 dilapidation of 198 Poinsettia?13 MR. ARLINGTON: The original problem was a14 roof problem. There was a hole in the roof.15 There was a leak in the roof which then rotted16 and became a hole in the roof. At some point17 enough water came down through the hole in the18 roof to rot out the third floor, which then19 rotted -- leaked through and started rotting20 the second floor.21 And there's a -- almost a -- almost a22 tunnel there. You can look -- at one point you23 could see daylight from the first floor up24 through the roof. The debris has filled in25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 43 most of those holes, but there are holes in the1 third floor and the second floor. Some of that2 debris is laying on the first floor.3 MR. WALLACE: And when were you last at4 198 Poinsettia?5 MR. ARLINGTON: Last Friday. I believe it6 was the 25th of October.7 MR. WALLACE: Now, did you review the8 engineering plans associated with 196 and 1989 Poinsettia Street?10 MR. ARLINGTON: The original plans and the11 new engineering, yes.12 MR. WALLACE: Okay. Where did you locate13 the original engineering plans?14 MR. ARLINGTON: The original plans are not15 very -- are not very good, but they are in our16 Laserfiche record system.17 MR. WALLACE: And what date -- or what was18 the approximate date of construction of 196 and19 198 Poinsettia Street?20 MR. ARLINGTON: 1983.21 MR. WALLACE: What, if anything, did you22 note about the building plans for 196 and 19823 Poinsettia Street?24 MR. ARLINGTON: The -- probably the most25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 44 important thing is that each side is 14 feet1 wide. The total building is 28 feet wide. It2 is a -- as Mr. Stelzmann said, it's two3 rectangles from the different halves, but4 they -- they slid into two units. Instead of5 having a standard rectangle floor plan, the6 architect or designer slid the two units so7 that one-third of each unit overhangs the8 other, leaving one-third as a remainder in9 contact with each other.10 MR. WALLACE: You mentioned the dimensions11 of 196 and 198 Poinsettia Street as being --12 how wide was each unit?13 MR. ARLINGTON: Each unit is 14 feet wide.14 MR. WALLACE: And how tall is each unit?15 MR. ARLINGTON: Twenty-eight feet.16 MR. WALLACE: What is the significance of17 that?18 MR. ARLINGTON: I imagine Mr. Gartner will19 talk about it later, but structures that are --20 that are very narrow and tall and very narrow21 and long are much harder to stabilize in -- for22 lateral wind loads. When the wind blows from23 the long -- onto the long side, the wind loads24 imposed are resisted by the short walls. So25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 17 of 42 Agenda Item #2.A. 05 Mar 2020 Page 19 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11/26/2019 11:46:36 AM Page 45 to 48 of 93 12 of 36 sheets 45 the longer and narrower it is, the higher the1 wind loads are on the long wall and the less2 short wall you have to resist those loads.3 MR. WALLACE: Okay. And so when you say4 "short wall," if you will take a look at the5 picture projected there, you're referencing the6 wall of -- the wall that we're -- the walls7 that we are seeing in that photo, correct?8 MR. ARLINGTON: Yes. We're referencing9 the walls -- there's two units there. Each10 unit has a front wall and then there is a11 corresponding back wall of the same width.12 MR. WALLACE: Okay. So this photo that is13 on the projector, we are looking basically at14 the narrowest dimension of each of these units?15 MR. ARLINGTON: Yes.16 MR. WALLACE: In your review of the17 building plans for 196 and 198 Poinsettia18 Street, did you notice anything else about the19 construction of those units in terms of how the20 two were designed to function?21 MR. ARLINGTON: I noticed that the units22 do not have a true firewall or self-supporting23 walls as required by the code in 1982. I have24 a copy of the 1982 building code referring to25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 46 duplexes which require a one-hour firewall, and1 townhouses which require a two-hour firewall.2 These units have a one-hour firewall and it is3 not continuous from foundation to roof.4 MR. WALLACE: Do the units have5 independent interior load-bearing walls?6 MR. ARLINGTON: No. It's a common7 load-bearing wall.8 MR. WALLACE: And just explain for us the9 significance, from a building code perspective,10 of a townhouse-type construction or a11 duplex-type construction.12 MR. ARLINGTON: A duplex-type construction13 is designed to be owned by one person and the14 other side can be rented out or used in some15 other -- by some other person, but it has to be16 owned by the same person and have control of17 both sides as the owner.18 A townhouse can have a property line down19 the middle and each side is owned by a -- a20 different person.21 MR. WALLACE: Not withstanding that22 distinction, this property was, in fact, split23 into two separate ownerships, correct?24 MR. ARLINGTON: Correct.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 47 MR. WALLACE: Now, I am going to hand you1 what we have previously marked as Exhibit 10.2 Could you take a look at that?3 MR. ARLINGTON: (Complies.)4 It's Mr. Gartner's first engineering5 report --6 MR. WALLACE: And --7 (Simultaneous speaking.)8 MR. ARLINGTON: -- (inaudible) August9 15th, 1920 -- or 2019 I mean.10 MR. WALLACE: And did you receive a copy11 of that report contemporaneously when it was12 issued?13 MR. ARLINGTON: Yes.14 MR. WALLACE: Did that report cause you15 concern for the safety of 196 Poinsettia16 Street?17 MR. ARLINGTON: Yes. Until that time, we18 were taking for granted that we would knock19 down half of that structure and leave the other20 half. After looking at this and reviewing the21 plans again, I came to the conclusion that one22 half cannot stand by itself in our -- in our23 wind zone.24 MR. WALLACE: And I'm going to hand you25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 48 Exhibit 11. Could you take a look at that?1 MR. ARLINGTON: (Complies.)2 This is Mr. Gartner's second engineering3 report.4 MR. WALLACE: And what's the date of that?5 MR. ARLINGTON: October 2nd, 2019.6 MR. WALLACE: And did you receive a copy7 of that report contemporaneously with its8 issuance?9 MR. ARLINGTON: Yes.10 MR. WALLACE: And did that report cause11 you further concern related to the ability of12 196 Poinsettia Street to stand alone?13 MR. ARLINGTON: Yes.14 MR. WALLACE: I'm going to hand you what15 has been marked as Exhibit 13. This is a new16 exhibit. It's Pages 117 and 118 of the agenda17 packet. Could you review Exhibit 13?18 MR. ARLINGTON: (Complies.)19 Yes. This is a letter I wrote to20 Mr. Stelzmann after reviewing the other plans21 and engineering.22 MR. WALLACE: And this was written after23 you reviewed the initial engineering report24 that's been marked as Exhibit 10?25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 18 of 42 Agenda Item #2.A. 05 Mar 2020 Page 20 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 13 of 36 sheets Page 49 to 52 of 93 11/26/2019 11:46:36 AM 49 MR. ARLINGTON: Yes.1 MR. WALLACE: Did you -- how was this2 letter delivered to Mr. Stelzmann?3 MR. ARLINGTON: I hand-delivered this4 letter. I called Mr. Stelzmann, met him on the5 property, and gave him a copy of the6 engineering report, the first engineering7 report dated August 15th, 2019, and my letter.8 MR. WALLACE: What is the date of9 Exhibit 13?10 MR. ARLINGTON: August 21st, 2019.11 MR. WALLACE: And what prompted you to12 issue Exhibit 13?13 MR. ARLINGTON: It was hurricane season.14 We had a hurricane. We were in the path of a15 hurricane, and we -- we wanted to inform him16 that it may be dangerous to stay in that17 property.18 MR. WALLACE: And I am going to hand you19 Exhibit 14. This is Pages 82 through 84 of the20 agenda packet. Could you take a moment and21 review that?22 MR. ARLINGTON: (Complies.)23 Yes. This is my letter, dated October 16,24 2019, to Mr. Stelzmann and Wells Fargo.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 50 MR. WALLACE: And that is the document1 that we are here on today?2 MR. ARLINGTON: Yes.3 MR. WALLACE: What violations did you cite4 in that letter?5 MR. ARLINGTON: We cited the entire6 structure as a dangerous building. The 1987 side is in -- is in collapse. It's in an8 active state of collapse now. And at that9 point, the shear walls and bracing in 19810 cannot be -- cannot be trusted to resist wind11 loads, which reduces the wind load capability12 to one-half of the original structure.13 MR. WALLACE: Okay. And is it your belief14 that both -- that due to the deterioration of15 198, that 196 Poinsettia Street is in imminent16 danger of collapse?17 MR. ARLINGTON: I would not say imminent18 danger of collapse. I would say in danger of19 collapse in a high-wind event.20 MR. WALLACE: Okay. And when you say21 "high-wind event," are we talking about the22 typical nor'easter that we experience this time23 of year?24 MR. ARLINGTON: Probably -- probably25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 51 hurricane-force winds, probably 75.1 MR. WALLACE: Okay. Now, each time you2 have visited 198 Poinsettia Street, have you3 noticed continued dilapidation there?4 MR. ARLINGTON: Yes. Over the year, we've5 seen the -- the front cornice, at the top --6 the front top of the roof caving in, the walls7 caving in, the wall on the north side. And8 after Dorian came through with winds probably9 less than 35 miles an hour, we lost a section10 of the wall and a window. This picture shows11 that. That happened after the storm.12 MR. WALLACE: Okay. So I'm going to hand13 you what has been marked as Exhibit 12, and14 specifically I'll direct you to Page 190 of the15 agenda packet. Could you take a look at that16 photograph on Exhibit 12?17 MR. ARLINGTON: (Complies.)18 Yes. That's a recent photo showing the19 recent collapse of that part of the wall.20 MR. WALLACE: Okay. Can you circle the21 part of the wall that collapsed that you're22 referring to and initial it?23 MR. ARLINGTON: (Complies.)24 It didn't show up very well in the25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 52 photograph.1 MR. WALLACE: Now, the -- the October2 16th letter, how was that delivered to3 Mr. Stelzmann?4 MR. ARLINGTON: I called Mr. Stelzmann to5 try to hand-deliver it and explain what was6 happening and give him the copy of the second7 engineering report, but he was at work and we8 couldn't -- we spoke by phone, but we couldn't9 arrange a time, so I posted the letter and the10 report on the front of the building.11 MR. WALLACE: Did you subsequently speak12 with Mr. Stelzmann concerning the letter?13 MR. ARLINGTON: Yes.14 MR. WALLACE: Did he acknowledge receiving15 it?16 MR. ARLINGTON: Yes.17 MR. WALLACE: And was Exhibit 14 also18 mailed to Mr. Stelzmann via certified mail?19 MR. ARLINGTON: I understand it was. It20 has Certified Mail, Return Receipt Requested on21 this letter, and the Code Enforcement letter --22 officer probably sent this.23 MR. WALLACE: Now, the second page of24 the -- of Exhibit 12 references provisions of25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 19 of 42 Agenda Item #2.A. 05 Mar 2020 Page 21 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11/26/2019 11:46:36 AM Page 53 to 56 of 93 14 of 36 sheets 53 IPMC. Could you tell us what IPMC stands for?1 MR. ARLINGTON: The IPMC is the2 International Property Maintenance Code. It's3 been adopted by the City of Atlantic Beach for4 property maintenance. The standard Florida5 Building Code does not apply to existing6 buildings unless there's a building permit7 issued.8 MR. WALLACE: And so once a building has9 been constructed and a Certificate of Occupancy10 has been issued, at that point, I guess, the11 standards for the building switch from the12 Florida Building Code to the IPMC?13 MR. ARLINGTON: Yes.14 MR. WALLACE: Just to kind of sum it all15 up, your opinion concerning the condition of16 both 196 and 198 Poinsettia Street, is that17 based upon your personal observations, your18 review of the plans associated with those19 properties and the engineering reports that you20 reviewed in connection with this?21 MR. ARLINGTON: Yes.22 MR. WALLACE: One more point. The23 letter -- the letter marked as Exhibit 14, was24 that also delivered to Wells Fargo Home25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 54 Mortgage?1 MR. ARLINGTON: I would have to refer to2 the Code Enforcement officer who actually sent3 them. I did not send them personally.4 MR. WALLACE: Okay. Nothing further, Your5 Honor.6 SPECIAL MAGISTRATE: Mr. Arlington, I have7 just a couple of questions for you.8 The October 16th, 2019, letter given to9 Mr. Stelzmann and Wells Fargo, that was, in10 fact, an order to vacate and demolish the11 premises --12 MR. ARLINGTON: Yes.13 SPECIAL MAGISTRATE: -- is that correct?14 And then that's -- that order to vacate15 and demolish, that's based on the findings that16 you described in your testimony?17 MR. ARLINGTON: Yes, sir.18 SPECIAL MAGISTRATE: Do you have an19 opinion about the safety of occupying the 19620 side during the demolition of the 198 side?21 That's assuming you could demolish the 198 side22 and leave 196 standing at all. Do you23 understand the question?24 MR. ARLINGTON: Yes, sir. I do have an25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 55 opinion. I think during demolition, it1 would -- it would be dangerous to be in that2 other side, in the 196 side, for the demolition3 process, which we had agreed on one time, maybe4 three days would -- could take that down, and5 then the -- the rebuilding or the sealing,6 weatherproofing aspect of the job could be --7 would not be dangerous.8 SPECIAL MAGISTRATE: But that's assuming9 you could leave 196 standing?10 MR. ARLINGTON: Yes.11 SPECIAL MAGISTRATE: Right. And that's12 not -- and your opinion today is that you can't13 do that?14 MR. ARLINGTON: I think it can be done.15 Anything can be done. It would just take a16 long time to -- and have to be very careful,17 and then we would still have an unstable18 building after it was done.19 SPECIAL MAGISTRATE: You had testified20 that the firewall did not comply with code; is21 that right?22 MR. ARLINGTON: Yes, sir.23 SPECIAL MAGISTRATE: I wasn't a hundred24 percent sure. At the time the structure at25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 56 196/198 Poinsettia was built, did the firewall1 comply with the code at that time?2 MR. ARLINGTON: No, sir, in my opinion.3 SPECIAL MAGISTRATE: Understood.4 MR. ARLINGTON: It was -- it passed5 inspection and it was --6 SPECIAL MAGISTRATE: But in your opinion7 it did not comply?8 MR. ARLINGTON: Yes, sir.9 SPECIAL MAGISTRATE: And it does not10 comply today; is that right?11 MR. ARLINGTON: That's right.12 SPECIAL MAGISTRATE: If 198 collapsed, do13 you have any opinion about where the structure14 would go or how fast that would happen?15 MR. ARLINGTON: With frame construction,16 if it just collapses of its own weight it's a17 slow process and it's not usually that18 dangerous. The danger would be in a high-wind19 event, when it -- when it was blown down, then20 it could take a larger chunk of 196 with it.21 SPECIAL MAGISTRATE: And Hurricane Dorian,22 I believe you said -- or I shouldn't say23 "hurricane" -- Dorian had winds of under 3524 miles per hour; is that right?25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 20 of 42 Agenda Item #2.A. 05 Mar 2020 Page 22 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 15 of 36 sheets Page 57 to 60 of 93 11/26/2019 11:46:36 AM 57 MR. ARLINGTON: It had those winds, but1 the winds we experienced here were less than --2 I know they were less than 39 because we never3 closed the bridges, so they were probably4 35 miles an hour maximum. I'm guessing.5 SPECIAL MAGISTRATE: That's all the6 questions I have for you, Mr. Arlington.7 Mr. Stelzmann, do you have any questions8 for Mr. Arlington?9 MR. STELZMANN: No, sir.10 SPECIAL MAGISTRATE: Any questions for11 Mr. Arlington from Wells Fargo?12 MS. KOZLOWSKI: No.13 MR. WALLACE: I call Geoff Gartner.14 MR. ARLINGTON: Here are your exhibits15 back.16 (Mr. Gartner approaches the podium.)17 MR. WALLACE: Could you introduce18 yourself?19 MR. GARTNER: My name is Geoff Gartner.20 I'm the owner of Alexander Grace Consulting.21 MR. WALLACE: And what do you do for a22 living?23 MR. GARTNER: I'm a structural engineer.24 MR. WALLACE: Tell us a little bit about25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 58 the education you receive to be a structural1 engineer.2 MR. GARTNER: I got my bachelor of science3 in civil engineering in 1997.4 MR. WALLACE: Where did you attend school?5 MR. GARTNER: University of Florida.6 MR. WALLACE: Are you a registered7 professional engineer in the state of Florida?8 MR. GARTNER: I am. In 2003 I got my9 professional engineer's license.10 MR. WALLACE: Tell us a little bit about11 your work history as a structural engineer.12 MR. GARTNER: I'd say 90 percent of the13 work I've done over the years has been14 residential, 10 percent commercial. I do -- in15 the residential world I do 40 to 50 percent new16 construction and 50 to 60 percent renovations.17 So I've been in a lot of buildings that need to18 be rehabbed, part -- it's the better part of my19 work.20 MR. WALLACE: And how long have you owned21 Alexander Grace?22 MR. GARTNER: It was founded in 2004, but23 I -- I really went full-time in 2007.24 MR. WALLACE: Okay. And where did you25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 59 work prior to 2007?1 MR. GARTNER: I worked for Apex2 Technology, Manning Building Supplies, Damiano3 Long, Kimley-Horne. Damiano and Kimley were4 civil engineering jobs doing more land5 development work with cell towers, but Apex and6 Manning were both structural.7 MR. WALLACE: Okay. And as a structural8 engineer, it's -- your job involves calculating9 wind loads and determining, basically, the10 necessary requirements for wall supports and11 things of that nature?12 MR. GARTNER: Sure. Specifically, wind13 and gravity loads and following the Florida14 Building Code and local ordinances.15 MR. WALLACE: Have you had an opportunity16 to inspect 196 Poinsettia Street?17 MR. GARTNER: No. I've not gone into 196.18 MR. WALLACE: Have you been present on the19 physical -- on the premises to view it?20 MR. GARTNER: I've been on the property21 and I've looked at the front of it, where22 Mr. Stelzmann parks his car on the east end,23 yes.24 MR. WALLACE: Okay. Have you actually25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 60 been inside of 198 Poinsettia?1 MR. GARTNER: I did go out to 198. I was2 on the first and second levels, near the3 stairs. There's a foot-and-a-half to two feet4 of garbage and hoarding kind of stuff in that5 building. It didn't feel extremely safe. And6 that was prior to this situation. I did not7 and would not go into the building now. But8 prior to this damage, when that wall was still9 in place and the refrigerator was still on the10 second floor, I was okay being on that -- on11 the west side of the property.12 MR. WALLACE: Okay. So it's your opinion,13 as you sit here today, that 198 Poinsettia14 Street is completely unsafe to enter?15 MR. GARTNER: You could argue that you16 could enter the west end, but the thing about17 the state of this building, in my opinion, is18 that the east end -- at the east half of what19 you see, which is the left side, it's water20 damaged from the third floor down. To -- it's21 the kind of thing that's truly an imminent22 failure. It could fall down five minutes from23 now or a year from now.24 I've been in a lot of buildings with25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 21 of 42 Agenda Item #2.A. 05 Mar 2020 Page 23 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11/26/2019 11:46:36 AM Page 61 to 64 of 93 16 of 36 sheets 61 damage and you walk in and you're kind of like,1 wow, this isn't so great, but you don't feel,2 like, unsafe being inside it. This isn't a3 building I would want to go in. It's -- it's4 that unsafe in my opinion.5 MR. WALLACE: Now, the report in front of6 you, which is labeled Exhibit 10, could you7 turn to your conclusions in that report?8 MR. GARTNER: Yes.9 MR. WALLACE: And could you just read10 those into the record?11 MR. GARTNER: Based on the above described12 inspection, the following conclusions were13 reached by me, by the engineer: The damage to14 the residence appears to have been caused by15 rainwater infiltration at the roof seeping into16 the wall structures over a period, causing17 extensive wood rot in the northeast corner wall18 and floor systems. Due to this damage, the19 resident -- the residence is in imminent20 failure. It is not a matter of if but when.21 Damage to the northeast corner is severe22 enough that the residence is in imminent23 failure. Further, when the northeast corner24 does fail, we believe the resulting pull on the25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 62 shared bearing wall has the potential to1 significantly damage Mr. Stelzmann's unit.2 The floor systems for both units bear on3 this shared bearing wall. Should this wall4 become compromised, the entire structure would5 collapse.6 As soon as it is physically possible, a7 qualified contractor should enter the8 residence -- for the purpose of my report, the9 residence was just 198 Poinsettia, not the10 whole building -- residence and install11 temporary shoring in order to stabilize the12 structure until plans are generated that allow13 for demolishing the -- 198, while saving14 Mr. Stelzmann's unit. Until such time as that15 scope can be completed, it is our16 recommendation that Mr. Stelzmann vacate his17 property.18 It is AGC's position that Mr. Stelzmann's19 unit can be saved. To do such, AGC will, under20 separate contract, provide structural21 calculations and details for construction to22 reinforce the shared wall between the units and23 to strengthen the lateral resisting systems of24 the remaining structure for the current wind25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 63 loading conditions required by the 2017 Florida1 Building Code and the Atlantic Beach Building2 Department. This may include but not be3 limited to adding shear walls and associated4 foundations to the existing structure.5 MR. WALLACE: Now, you heard6 Mr. Arlington's testimony concerning the7 dimensions of each of these two units?8 MR. GARTNER: Correct.9 MR. WALLACE: Would you agree with the10 general principle that, when you have a unit11 that is as narrow and as tall as these two12 units are, that it is harder to stabilize those13 units?14 MR. GARTNER: Yes, I do.15 MR. WALLACE: And why is that?16 MR. GARTNER: Well, a tall structure takes17 more -- as you can see, again, this is a great18 shot of this. So it's 28 feet tall. I think19 the individual units were only 40 -- 35,20 40 feet long. I'm not sure exactly how long it21 is. But that's a 35-foot-by-28-foot wind22 block. So if the wind is coming out of the23 north and blowing it directly on this wall, the24 end walls are -- the short, 14-foot walls are25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 64 ones that are the lateral resisting elements of1 the structure, so --2 And then when you have three floors, wind3 hits the top floor and you develop those loads4 into the second level, and then from the second5 level to the first level. It's a lot of wind6 load to pick up in two 14-foot walls. And as I7 recall, both of those 14-foot walls also had8 windows in them, so you don't even get the9 whole 14 feet. You have kind of even less10 length than you need.11 I haven't run the actual calculations on12 the whole building yet, so I can't tell you13 exactly what you would need, but that would be14 very easy to figure out.15 MR. WALLACE: So based on your training16 and experience as a structural engineer, and17 without running the precise calculations, is it18 your opinion that without significant19 reinforcement 196 Poinsettia cannot stand20 alone?21 MR. GARTNER: By itself? No.22 I would have expected a building that23 narrow and that tall would probably have a24 steel portal frame at each end, steel beam25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 22 of 42 Agenda Item #2.A. 05 Mar 2020 Page 24 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 17 of 36 sheets Page 65 to 68 of 93 11/26/2019 11:46:36 AM 65 system that goes across a couple of columns,1 big footings to anchor it down. Currently, in2 its wood frame state, there's no way that it3 would pass calculation.4 MR. WALLACE: And is it your opinion that5 if -- let's assume that 198 Poinsettia was able6 to be cleanly taken off of 196, is it your7 opinion that the -- without reinforcement, 1968 would be subject to collapse in a high-wind9 event?10 MR. GARTNER: Yes. Yes.11 MR. WALLACE: Is it -- in your opinion, is12 it physically possible to take down 196 -- or13 excuse me -- 198 Poinsettia without first14 reinforcing 196 Poinsettia?15 MR. GARTNER: I believe that 196 would16 need to be supported some way or another while17 198 came down and was either rebuilt or not.18 If it was planning on being rebuilt, there19 would have to be quite a bit of shoring and20 whatnot left in place during the21 reconstruction, but that's -- that wouldn't be22 what I would do.23 MR. WALLACE: What, in your opinion, would24 need to be done?25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 66 MR. GARTNER: I believe the building -- I1 believe the building should come down. I2 believe that if you were -- that's such an open3 question. There's so many -- so many options4 here.5 Could you reinforce the entire structure?6 Yes, at some level, but there's no way to do it7 and leave 196 in its current state. It would8 have to be brought up to the current code. You9 reach a point of demolitioning this building10 where the Florida Building Code -- can I move11 to the second exhibit?12 MR. WALLACE: Sure, please do.13 And just for the record, you're referring14 to Exhibit 11, I believe?15 MR. GARTNER: This is Exhibit 11 and this16 is the last -- it's Page 123.17 The Florida Building Code has a repair18 clause in it. It basically reads that if --19 for damage less than -- this is 606.2.1 of the20 Florida existing [sic] Building Code.21 Repairs for less than substantial22 structural damage. For damage less than23 substantial structural damage, the damaged24 element shall be permitted to be restored to25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 67 their predamaged condition, if you don't exceed1 substantial structural damage.2 Definition of the substantial structural3 damage. In any story the elements of the4 lateral force resisting system have suffered5 damage such that -- such that the lateral load6 carrying capacity of the structure in any7 horizontal direction has been reduced by more8 than 20 percent from its predamaged condition9 or the capacity of any vertical load carrying10 component or any group of such components that11 support more than 30 percent of the total area12 of the structure's floor and roof has been13 reduced more than 20 percent from its14 predamaged condition and the remaining capacity15 of such affected elements with respect to all16 dead and live loads is less than 75 percent of17 that required by the Florida Building Code,18 buildings for new -- buildings -- building for19 new buildings of similar structure, purpose and20 location.21 This structure has sustained substantial22 structural damage as defined above,23 specifically as the northeast half of Unit 19824 requires complete demolition replacement that25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 68 follows that 25 percent of the entire residence1 is damaged and, therefore, the 20 percent2 requirement of Condition Number 1 above is3 exceeded and thus cannot be repaired to its4 original condition.5 I could read the rest of this, but the6 bottom line of that statement is it can't be7 torn down and put back. At this point, the8 amount of damage that exists in 198, even9 demoing just the bad part and keeping the west10 end, you've now taken 25 percent of the lateral11 resisting components out of the building and12 the entire structure has to come up to code.13 MR. WALLACE: Just to clarify, when you14 say the "lateral resisting structures," you're15 talking about the --16 MR. GARTNER: The shear walls.17 MR. WALLACE: -- the shear walls that are18 on the left and right sides of the photo on the19 projector?20 MR. GARTNER: That's right, the 14-foot21 walls we were talking about earlier. When you22 take off 50 percent of 198, you've taken23 25 percent of the entire building. So since24 those are gone, the building needs to be25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 23 of 42 Agenda Item #2.A. 05 Mar 2020 Page 25 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11/26/2019 11:46:36 AM Page 69 to 72 of 93 18 of 36 sheets 69 brought up to 2017 Florida Building Code.1 MR. WALLACE: And notwithstanding the fact2 that 196 and 198 Poinsettia Street are in3 separate ownership, it is your opinion4 that each --5 MR. GARTNER: It's one building.6 MR. WALLACE: -- each provides horizontal7 load resistance that the other relies upon?8 MR. GARTNER: I agree, yes.9 MR. WALLACE: What was the -- would you10 just explain the genesis of the second report?11 What caused you to issue a second engineering12 report?13 MR. GARTNER: I was requested to go out,14 because from the first report -- well, the15 first report didn't have this missing wall.16 The refrigerator was against -- still on the17 second floor, so I got a call that said, Hey,18 we have even more damage from Dorian, so could19 you please go out and make another assessment?20 So that's what I did.21 MR. WALLACE: Okay. And when you assessed22 it the second time, did you -- you confirmed23 that there was, in fact, additional damage --24 MR. GARTNER: Oh, yes.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 70 MR. WALLACE: Apart from just the very1 obvious defects that we can see on that photo2 and the missing walls that are on the far left3 side of the building, are there other signs4 that may not be as readily apparent to, you5 know, a nonengineer that the building is in6 collapse?7 MR. GARTNER: It is hard to tell in this8 picture. If I could have that mouse, I could9 point to --10 MR. WALLACE: You know, actually, what I'm11 going to do is I'm going to hand you12 Exhibit 12, which is a composite of the13 photos --14 MR. GARTNER: Okay.15 MR. WALLACE: -- and then thumb through16 those, and when you see something let me know17 and I will have you document it.18 MR. GARTNER: This is the part that's hard19 to see on the pictures, but actually I think20 this is before that, when they're collapsed.21 It's the little band board, this buckling22 that's happening right below the -- the window23 to the right of the hole in the wall, it's24 really hard to see this in that picture, but25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 71 right -- yeah, right there and over to the1 right to the little cutout in the wall, yeah,2 that -- that whole little stretch there, and3 that's a buckling piece of band board. I4 couldn't see the actual framing underneath it,5 but I would imagine most of those floor joists6 are buckled or -- or collapsed inside that7 portion of the wall, which, to me, says that's8 the next portion that -- to start falling out.9 MR. WALLACE: And just for the record, can10 you circle that area within Exhibit 12 and11 initial it so that if someone's reviewing this12 they can see what you were talking about?13 MR. GARTNER: (Complies.)14 MR. WALLACE: And just for the record, the15 witness has marked on Page 190 of the packet --16 of the agenda packet, he has circled an area17 and placed his initials next to it.18 Regardless of whether a repair is -- a19 repair is affected to 198, or 198 Poinsettia is20 completely torn down, would it be safe for 19621 Poinsettia to be occupied during that process?22 MR. GARTNER: I would say no. A shoring23 company could probably provide enough of a -- a24 bit of work to say we could maybe do this, but25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 72 they -- I would want to see that shoring plan1 and get to review it, but I would -- I would2 not want to stay in 196.3 MR. WALLACE: You, yourself, would not4 stay while the work was being done?5 MR. GARTNER: No way.6 MR. WALLACE: And even -- and during --7 even if shoring could be accomplished, would8 you stay while the shoring was actually being9 performed, if it could be performed?10 MR. GARTNER: Just the shoring? Sure.11 Once they started demoing 198, no, I'd move12 out.13 MR. WALLACE: What would -- and I know you14 haven't run precise calculations, but tell us15 generally about how 198 might be shored up --16 or 196 might be shored up for demolition of17 198.18 MR. GARTNER: That's tough to answer.19 I mean, I -- you could put angle braces up20 against the -- where the shared wall is, you21 could run an angle brace up against those studs22 at all three levels, kick it down into the --23 you're basically running those braces through24 198. I'm sure that while you could put them25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 24 of 42 Agenda Item #2.A. 05 Mar 2020 Page 26 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 19 of 36 sheets Page 73 to 76 of 93 11/26/2019 11:46:36 AM 73 on -- inside 196's living room, but I'm sure1 Mr. Stelzmann wouldn't want that.2 But, yeah, there would need to be some3 kind of angle braces going up -- up the whole4 wall, and you could build a scaffolding and try5 to brace it that way. It's still difficult to6 do while 198 is there. The only way to try to7 brace this while 198 is still sitting there is8 you'd have to drill through the wall and put9 steel posts shoring up against the wall and try10 to pour a small footing in the yard and figure11 out a way to do all that and run all those12 numbers. I don't know the full extent of that13 without sitting down and trying to run those14 numbers, but there's probably a way.15 MR. WALLACE: Would you agree that it16 would be highly complex?17 MR. GARTNER: I believe that it takes a18 lot of -- yes, there's a lot of input and a lot19 of thinking that would have to go into making20 that just right so that Mr. Stelzmann has no21 damage in his home at all. I mean, that would22 be the goal. We don't want to take it down and23 have Mr. Stelzmann call and say, I've got all24 kind of drywall pops in my wall and things are25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 74 getting rattled around in here. I mean, that's1 what we're trying to avoid. We don't want to2 bring him any damage, if we -- if we can help3 it, but that would be quite an extensive4 shoring plan.5 And even then, I mean, you're still6 looking at shoring, taking down 198. You've7 still got to go into 196 eventually and put8 hurricane clips, shear walls, a portal frame if9 you need it, threaded rods, whatever choice we10 have to -- to tie it down from the hurricane11 uplift loads. I mean, that still has to be12 done no matter what.13 MR. WALLACE: Does this go to your point14 that while you could correct something if you15 threw enough money at the problem, in this16 state it's going to be, I guess, not17 economically feasible to do?18 MR. GARTNER: I agree with that.19 It's -- the thing about these kind of20 buildings is you could tear down 198 and who's21 to say that the shared wall doesn't also have22 damage in it. We couldn't see that. We -- the23 drywall was up when we visited and I was24 actually inside. But you start tearing it all25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 75 apart, you find out that the shared wall is1 also damaged, and now you've got to tear it2 down also. It starts to snowball.3 In my experience, every time I've been at4 a job with this kind of problem, it snowballs.5 Within six months the owners are saying, We6 should have just torn it down and started over,7 because we just had no idea the extent of the8 damage that we couldn't see.9 MR. WALLACE: You mentioned earlier in10 your testimony, I believe, that the -- I guess11 the floor joists for the flooring in 198 and12 196 are tied into the same -- into the same13 common wall?14 MR. GARTNER: I'll echo Dan on this a15 little bit because the plans weren't great, but16 the assumption here is -- and you can see the17 joists, not in this picture, but we know the18 joists run north to south, at least where the19 kitchen was, because, you know, they're on the20 ground now. So the expectation is they must21 sit on a shared wall, and so they're probably22 overlapped in some way. They could be fastened23 together. They may not be, but they're24 definitely sitting on that -- on that shared25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 76 common wall.1 MR. WALLACE: And let me ask you this: So2 if 198 were to completely collapse, would that3 exert force on the shared wall in terms of4 pulling force?5 MR. GARTNER: If you could -- yes. If you6 could imagine that north wall failing and the7 joists trying to -- fall with it, where they're8 attached at the back end to the common wall,9 they're going to pull on that common wall. So,10 you know, trying to quantify whether that means11 the whole building collapses or you just get a12 lot of damage in Mr. Stelzmann's unit, it's13 hard to quantify that, but it's definitely14 going to cause a problem in 196.15 MR. WALLACE: You wouldn't want to be in16 196 if that happened?17 MR. GARTNER: I wouldn't want to be in it18 today.19 MR. WALLACE: Just one moment.20 (Brief pause in the proceedings.)21 MR. WALLACE: Nothing further, Your Honor.22 And if you'd like me to, I'd like to move23 all of these exhibits into the record. I mean,24 they're already in the record technically, but25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 25 of 42 Agenda Item #2.A. 05 Mar 2020 Page 27 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11/26/2019 11:46:36 AM Page 77 to 80 of 93 20 of 36 sheets 77 some of them have been marked on by the1 witnesses.2 SPECIAL MAGISTRATE: Yeah, let me -- why3 don't you bring them up to me and let me take a4 look at them.5 MR. WALLACE: I'll get them in order for6 you real quick.7 SPECIAL MAGISTRATE: Were you finished8 questioning Mr. Gartner?9 MR. WALLACE: I'm done with Mr. Gartner,10 yes.11 SPECIAL MAGISTRATE: Mr. Gartner, I've got12 just a couple of questions for you.13 Mr. Arlington testified that during a14 high-wind event that structural collapse would15 be imminent. Do you agree with that?16 MR. GARTNER: I do.17 SPECIAL MAGISTRATE: Outside of a18 high-wind event, if I understood your19 testimony, I think you said it could be -- you20 could have it collapse between now and five21 years from now; did I hear that right?22 MR. GARTNER: I think I said a year,23 but --24 SPECIAL MAGISTRATE: Okay. A year.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 78 MR. GARTNER: Yes. I mean, a building in1 this condition is -- it's just a matter of2 time.3 SPECIAL MAGISTRATE: I think you also said4 there's no way the structure passes wind load5 calculations. That's as it sits today; is that6 right?7 MR. GARTNER: I don't remember saying8 that. What was the question that I answered9 when I --10 SPECIAL MAGISTRATE: Well, I'll just ask11 you the direct question. As the structure is12 sitting today, do you think it would pass the13 wind load calculations that apply to it?14 MR. GARTNER: My opinion would be that the15 code that existed in 1983 and the code that16 exists today are very different. If you were17 to run the numbers on this particular building18 versus the 2017 Florida Building Code, I -- I'm19 confident it would fail.20 SPECIAL MAGISTRATE: What about if 198 was21 in good condition?22 MR. GARTNER: Oh, the question was if it23 was just 196. You're right, I don't agree that24 196 would be -- would be strong enough by25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 79 itself. With both units fully constructed and1 not damaged, there's a better chance that it2 wouldn't fail, but still, based on construction3 methods in '83, it's -- it likely needs a lot4 of work.5 SPECIAL MAGISTRATE: And if 198 is6 demolished and 196 is shored, under the current7 building code, does 196 have to meet today's8 wind load calculations?9 MR. GARTNER: Absolutely.10 MR. WALLACE: Approach?11 SPECIAL MAGISTRATE: Yes.12 MR. WALLACE: (Tenders documents.)13 SPECIAL MAGISTRATE: (Peruses documents.)14 All right. I'm going to take Exhibits 115 through 14 into evidence.16 Mr. Stelzmann, do you have any questions17 for Mr. Gartner?18 MR. STELZMANN: No, sir.19 SPECIAL MAGISTRATE: Wells Fargo, do you20 have any questions for Mr. Gartner?21 MS. KOZLOWSKI: No.22 MR. GARTNER: Thank you, Your Honor.23 SPECIAL MAGISTRATE: You're welcome.24 MR. WALLACE: We would -- we have no25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 80 further witnesses.1 SPECIAL MAGISTRATE: So the City --2 MR. WALLACE: The City rests.3 SPECIAL MAGISTRATE: Mr. Stelzmann,4 anything that you want to say that you haven't5 said already or any evidence you want to put6 on?7 MR. STELZMANN: I basically said8 everything I need to say, so I'm okay.9 SPECIAL MAGISTRATE: Wells Fargo --10 Go ahead.11 MR. WALLACE: Pardon me.12 I was just going to say, just a few13 questions with Mr. Stelzmann. You'll recall14 that I reserved --15 SPECIAL MAGISTRATE: Yes. So the City of16 Atlantic Beach has a couple of questions for17 you, Mr. Stelzmann.18 MR. STELZMANN: Sure.19 SPECIAL MAGISTRATE: Can you come up to20 the podium, please?21 MR. STELZMANN: Yes.22 (Mr. Stelzmann approaches the podium.)23 MR. WALLACE: Just briefly, you aren't a24 structural engineer, are you?25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 26 of 42 Agenda Item #2.A. 05 Mar 2020 Page 28 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 21 of 36 sheets Page 81 to 84 of 93 11/26/2019 11:46:36 AM 81 MR. STELZMANN: No.1 MR. WALLACE: And you don't have training2 in construction methods or evaluating3 structures for failure --4 MR. STELZMANN: I know the basics. I've5 been renovating homes most of my adult life and6 I own several homes here in Atlantic Beach and7 I'm very familiar with the townhouse section,8 basically the 100 block of Salt Air. The 2009 and 300 block are all single-family homes, and10 most of the homes that are townhomes, with the11 exception of a few, have the -- what he was12 discussing about the firewall, it was back --13 it has the -- had the '80s code.14 Now, there are a few that are exceptions.15 There's one that has -- there's several that16 have a cinder block firewall, which more than17 exceeds the 2017 standards, but the vast18 majority of the townhomes have what I described19 earlier, which is about a 15-foot -- I mean20 15-inch separation divided by scattered21 studs or zippered studs with insulation in22 between. So it really does not prevent -- I23 don't even know why they call it a firewall24 because it does not prevent fire.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 82 MR. WALLACE: Apart from oral1 conversations with some general contractors,2 you haven't actually gotten a written3 engineering report evaluating your --4 MR. STELZMANN: Other than Mr. Gartner's,5 no, I have not.6 MR. WALLACE: Right.7 Nothing further, Your Honor.8 SPECIAL MAGISTRATE: Mr. Stelzmann, just a9 couple of questions.10 So, as you know, one of the issues I'm11 wrestling with here is what to do with this12 situation, and there's a lot of complex issues13 related to demolishing the 196 -- excuse me --14 the 198 side.15 If you had to vacate your home16 temporarily, how much time would you need to be17 able to get out of there and find temporary18 lodging?19 MR. STELZMANN: I'm very open to that, as20 long as my side stays intact, but, you know, I21 don't have a problem with vacating my property22 for three days, four days, a week, whatever it23 takes. So --24 SPECIAL MAGISTRATE: How much time would25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 83 you need to be ready to do that?1 MR. STELZMANN: I could do it immediately.2 SPECIAL MAGISTRATE: If you had to leave3 permanently, I mean, how much time would you4 need?5 MR. STELZMANN: I didn't understand that.6 SPECIAL MAGISTRATE: If you had to leave7 permanently, in other words, if the whole8 structure had to come down --9 MR. STELZMANN: I -- I don't know how to10 answer that, so --11 SPECIAL MAGISTRATE: I understand that.12 I'm not trying to put you on the spot.13 MR. STELZMANN: Okay.14 SPECIAL MAGISTRATE: I just --15 unfortunately, the Florida Statutes require me16 to make a decision at the hearing. I'd love to17 adjourn the hearing and take a day or two to18 ponder what the best way to deal with this is,19 but I don't have that option, unfortunately.20 So unless you have anything to say,21 anything else --22 MR. WALLACE: I've just got a follow-up,23 one follow-up question.24 SPECIAL MAGISTRATE: Okay.25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 84 MR. WALLACE: Now, it's true you own a1 house that's currently vacant that's a few2 doors down from this property?3 MR. STELZMANN: I'm sorry, what was that?4 MR. WALLACE: You own a house that is -- a5 house that is vacant currently that's a few6 doors down from --7 MR. STELZMANN: I own several homes on8 that -- on that street.9 MR. WALLACE: And at least one of which is10 vacant?11 MR. STELZMANN: Currently, it's being12 renovated, but it's still -- it's still in13 excellent condition. A person could move14 there, but I'm renovating it to a standard15 which would command a higher rent.16 MR. WALLACE: Gotcha. But my point is, if17 you had to go somewhere temporarily, you --18 MR. STELZMANN: Oh, yeah. Right now I19 could move in there, yeah. Was that your20 question?21 MR. WALLACE: That's my question.22 MR. STELZMANN: Yeah, I could -- I could23 move in there, yeah, temporarily at least,24 so -- because it's in great condition, so --25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 27 of 42 Agenda Item #2.A. 05 Mar 2020 Page 29 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11/26/2019 11:46:36 AM Page 85 to 88 of 93 22 of 36 sheets 85 MR. WALLACE: Nothing further, Judge.1 SPECIAL MAGISTRATE: Okay. I don't have2 anything else for you.3 Wells Fargo, do you have any evidence you4 want to put on or --5 MS. KOZLOWSKI: Yeah, I think so.6 SPECIAL MAGISTRATE: Okay.7 MS. KOZLOWSKI: On behalf of Wells Fargo.8 SPECIAL MAGISTRATE: Sure. Come on up.9 Mr. Stelzmann, you can sit down.10 MR. STELZMANN: All right.11 (Ms. Kozlowski approaches the podium.)12 MS. KOZLOWSKI: I kind of would like to13 know -- Wells Fargo has been working very14 diligently with Mr. Stelzmann. I don't know --15 SPECIAL MAGISTRATE: Real quickly, state16 your name for the record, please.17 MS. KOZLOWSKI: Regina Kozlowski.18 SPECIAL MAGISTRATE: Okay.19 MS. KOZLOWSKI: And there are --20 CITY EMPLOYEE: She didn't take the oath.21 SPECIAL MAGISTRATE: Did you raise your22 hand when I swore everybody in?23 MS. KOZLOWSKI: I'll raise it.24 SPECIAL MAGISTRATE: All right. Thank25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 86 you. Appreciate that.1 So do you swear or affirm that the2 evidence you are about to give will be the3 truth, the whole truth, and nothing but the4 truth?5 MS. KOZLOWSKI: Yes.6 SPECIAL MAGISTRATE: Go ahead.7 MS. KOZLOWSKI: So I just wanted to state8 that Wells Fargo has been working to resolve9 this issue. They definitely want to take their10 side down. And we approached the other half,11 196, many times with -- no, doesn't even want12 to talk in regards to Wells Fargo purchasing13 their half to solve this issue.14 Other than that, I don't know -- just15 trying to offer ...16 SPECIAL MAGISTRATE: Okay. Well,17 unfortunately, we've got a pretty confined18 scope. I would love to have the authority to19 order the parties to mediate and someone on20 behalf of Wells Fargo to appear, but,21 unfortunately, I don't have that authority.22 MS. KOZLOWSKI: Right.23 SPECIAL MAGISTRATE: I work within a24 narrow scope. I think that would be the best25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 87 solution, but I don't have the ability to order1 it.2 So if that's it --3 MS. KOZLOWSKI: Yep.4 SPECIAL MAGISTRATE: -- then you can sit.5 Anything else from the City?6 MR. WALLACE: No, Your Honor.7 SPECIAL MAGISTRATE: Anything else,8 Mr. Stelzmann?9 MR. STELZMANN: No, sir.10 SPECIAL MAGISTRATE: So hearing no further11 evidence, I'm going to close the evidentiary12 portion.13 I'm going to explain some of the bases --14 and primarily, Mr. Stelzmann, this is really15 for your benefit, so --16 The problem the City is confronted with is17 we have an obviously dilapidated structure in18 198. The evidence that is clear and19 uncontradicted, that is, it poses a danger of20 collapse at some, unfortunately, unknown point21 in time in the future. We are fortunate now,22 sitting in the last day of October, that we're23 probably -- probably clear of high-wind events24 until perhaps May or June of next year, but25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 88 there's no guarantee of that and we all know1 that there's going to be a lot of rain with2 nor'easters and events such as that.3 But in this -- this structure is4 essentially a nuisance, and the law allows me5 to order whatever is necessary to bring the6 structure into compliance. Now, we've already7 ordered the prior owners to bring the structure8 into compliance and it hasn't been brought into9 compliance.10 The evidence indicates it's possible to11 tear down 198 and preserve 196, but that's12 obviously going to be a difficult thing to do.13 The real difficulty I'm confronted with,14 Mr. Stelzmann, is what happens if I order the15 structure to be brought into compliance and16 Wells Fargo doesn't do it. That's -- you know,17 I have to think a couple of steps out ahead.18 So I can issue an order that tells Wells Fargo19 to bring 198 into compliance, whatever that20 requires, but if they don't do it, what then?21 That's the real issue I've got to wrestle with.22 The City itself has the authority, if23 necessary, to demolish structures. At some24 point, the City has an obligation to the25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 28 of 42 Agenda Item #2.A. 05 Mar 2020 Page 30 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 23 of 36 sheets Page 89 to 92 of 93 11/26/2019 11:46:36 AM 89 surrounding residents to deal with nuisance1 structures like 198.2 And I want to be very clear. You haven't3 done anything wrong. You know, you didn't4 cause this problem, and we're aware of that.5 There's no evidence that you violated the code6 or failed to maintain your side of the7 property. There's aspects of the property8 maintenance code that are implicated simply by9 the things that the adjoining property owner10 did and did not do, but I want you to11 understand that this isn't about your failures.12 It's a really unfortunate situation where the13 prior owner abandoned the property. Wells14 Fargo only got a Certificate of Title a few15 months ago.16 I am going to order Wells Fargo to bring17 198 into compliance. My order is not going to18 say what that's going to look like. I will19 order that they need to have a plan to bring it20 into compliance, submitted within 21 days.21 If Wells Fargo does not bring the property22 into compliance -- and this touches on a23 difficulty. Unfortunately, Mr. Stelzmann, you24 can't go over there and take care of the25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 90 problem yourself because you don't own the1 property. So, you know, if you applied for a2 building permit to demolish the structure and3 shore your own house, the City couldn't grant4 it.5 If Wells Fargo does not have a plan to6 bring the property into compliance within7 90 days -- and when I say that, I mean it has8 to be 90 days, where it's compliant, the9 problem has to be fixed -- then I'm going to10 authorize the City of Atlantic Beach to proceed11 with the demolition of 198.12 Now, the City will have to formulate the13 198 demolition plans. I'm going to have to14 order you to vacate your property during the15 demolition.16 Alternatively, if the City determines that17 it cannot, with economic feasibility, leave18 your property standing, there's no alternative19 but to take both of them down. And I would20 have to order you to vacate the property at21 that time.22 Remember, you have -- and I'm going to put23 this all in a written decision. You'll have24 findings of fact and conclusions of law, and25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 91 I'm going to get that out very quickly because1 you're entitled to that.2 Remember that you have ten days to seek a3 rehearing. A rehearing is based on new4 evidence. That could be an engineer's report5 that says none of this is necessary, but it's6 got to be -- there has to be some -- something7 we overlooked in this hearing or some kind of8 new evidence, and that's a short fuse.9 You also have the right to appeal my10 decision. That Notice of Appeal has to be11 filed within 30 days.12 If you haven't talked to a lawyer, I would13 recommend that you do. This is a very complex14 property rights situation where you have --15 your adjoining property owner is -- has a16 condition that, in fairness, it inherited17 that's causing you a lot of problems, and this18 is -- you know, this is a very tough situation19 to navigate, so I would highly recommend, if20 you haven't talked to a lawyer, get one, talk21 to him, because the City is in the position of22 having to balance the rights of not just you23 but all the people around you.24 And I think we can all agree that if we do25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 92 have a high-wind event, 198 is going to create1 a serious problem, not just for you but for the2 people in the general area too, and that's3 something that we just have to deal with.4 So I know this is very difficult and I5 will get a written decision out to you. You'll6 be served with it. And hopefully some kind of7 solution that doesn't require you to have to8 vacate can be reached or, alternatively,9 something that you can live with and are happy10 with. I do understand this is very difficult.11 With that, I'll conclude the hearing.12 (The foregoing proceedings were adjourned13 at 11:45 a.m.)14 - - -15 16 17 18 19 20 21 22 23 24 25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 29 of 42 Agenda Item #2.A. 05 Mar 2020 Page 31 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11/26/2019 11:46:36 AM Page 93 to 93 of 93 24 of 36 sheets 93 CERTIFICATE OF REPORTER1 2 STATE OF FLORIDA)3 ) COUNTY OF DUVAL )4 5 6 I, Diane M. Tropia, Florida Professional7 Reporter, certify that I was authorized to transcribe8 the foregoing videotaped proceedings and that the9 transcript is a true and complete record of my10 stenographic notes.11 12 13 14 DATED this 26th day of November 2019.15 16 17 ___________________________18 Diane M. Tropia19 Florida Professional Reporter 20 21 22 23 24 25 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 ATTACHMENT B October 31, 2019 Minutes Page 30 of 42 Agenda Item #2.A. 05 Mar 2020 Page 32 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 25 of 36 sheets Page 1 to 1 of 12 11/26/2019 11:46:36 AM $ $230,000 [1] - 23:14 $250 [3] - 15:15, 18:16, 19:1 $5,000 [2] - 23:14, 23:16 ' '60s [1] - 40:24 '70s [1] - 40:9 '80s [1] - 81:14 '83 [1] - 79:4 '90s [1] - 40:4 1 1 [4] - 13:11, 21:9, 68:3, 79:15 10 [9] - 3:7, 14:21, 25:10, 25:12, 27:2, 47:2, 48:25, 58:15, 61:7 100 [1] - 81:9 103 [1] - 25:10 10:00 [2] - 1:8, 3:1 11 [6] - 26:8, 26:10, 27:3, 48:1, 66:15, 66:16 116 [1] - 25:11 117 [1] - 48:17 118 [1] - 48:17 119 [1] - 26:9 11:45 [1] - 92:14 11th [1] - 28:5 12 [7] - 27:15, 28:8, 51:14, 51:17, 52:25, 70:13, 71:11 123 [1] - 66:17 13 [4] - 48:16, 48:18, 49:10, 49:13 14 [7] - 44:1, 44:14, 49:20, 52:18, 53:24, 64:10, 79:16 14-00000980 [1] - 2:5 14-foot [4] - 63:25, 64:7, 64:8, 68:21 149 [1] - 26:9 15 [1] - 30:21 15-foot [1] - 81:20 15-inch [1] - 81:21 150 [1] - 13:13 151 [1] - 13:13 15th [3] - 25:25, 47:10, 49:8 16 [1] - 49:24 162 [2] - 3:15, 6:3 16th [2] - 52:3, 54:9 17 [1] - 16:24 177 [1] - 13:24 17th [1] - 27:25 181 [1] - 27:16 18th [2] - 16:18, 16:19 190 [2] - 51:15, 71:16 1920 [1] - 47:10 196 [59] - 2:7, 8:22, 10:4, 10:5, 10:7, 10:19, 11:18, 12:1, 12:3, 12:6, 12:12, 13:3, 13:6, 13:15, 13:19, 20:7, 20:22, 26:18, 27:10, 29:14, 43:9, 43:19, 43:23, 44:12, 45:18, 47:16, 48:13, 50:16, 53:17, 54:20, 54:23, 55:3, 55:10, 56:21, 59:17, 59:18, 64:20, 65:7, 65:8, 65:13, 65:15, 65:16, 66:8, 69:3, 71:21, 72:3, 72:17, 74:8, 75:13, 76:15, 76:17, 78:24, 78:25, 79:7, 79:8, 82:14, 86:12, 88:12 196's [1] - 73:1 196/198 [2] - 13:5, 56:1 1960s [1] - 41:2 1965 [1] - 41:4 198 [86] - 2:7, 8:22, 10:5, 10:7, 10:19, 10:21, 10:23, 11:3, 11:5, 11:11, 11:15, 11:24, 12:11, 13:3, 13:6, 14:1, 14:5, 14:7, 14:12, 15:3, 15:16, 19:22, 19:24, 20:7, 20:14, 22:8, 22:15, 23:25, 24:16, 25:2, 25:22, 26:18, 27:10, 28:12, 31:20, 42:9, 42:13, 43:5, 43:9, 43:20, 43:23, 44:12, 45:18, 50:7, 50:10, 50:16, 51:3, 53:17, 54:21, 54:22, 56:13, 60:1, 60:2, 60:14, 62:10, 62:14, 65:6, 65:14, 65:18, 67:24, 68:9, 68:23, 69:3, 71:20, 72:12, 72:16, 72:18, 72:25, 73:7, 73:8, 74:7, 74:21, 75:12, 76:3, 78:21, 79:6, 82:15, 87:19, 88:12, 88:20, 89:2, 89:18, 90:12, 90:14, 92:1 1982 [2] - 45:24, 45:25 1983 [6] - 20:9, 30:15, 31:22, 33:20, 43:21, 78:16 1992 [1] - 41:11 1997 [1] - 58:4 19th [2] - 24:19, 24:21 1st [1] - 24:22 2 2 [3] - 13:22, 13:23 20 [4] - 30:21, 67:9, 67:14, 68:2 200 [2] - 27:17, 81:9 2003 [1] - 58:9 2004 [1] - 58:23 2007 [2] - 58:24, 59:1 2014 [4] - 14:14, 15:2, 16:15, 16:25 2016 [3] - 16:20, 17:15, 27:25 2017 [6] - 16:17, 18:14, 63:1, 69:1, 78:19, 81:18 2019 [23] - 1:7, 3:1, 3:6, 20:3, 22:11, 24:19, 24:21, 24:23, 24:24, 25:5, 25:25, 26:18, 28:5, 28:6, 28:8, 28:13, 47:10, 48:6, 49:8, 49:11, 49:25, 54:9, 93:15 21 [2] - 1:15, 89:21 21st [1] - 49:11 25 [4] - 40:4, 68:1, 68:11, 68:24 25th [1] - 43:7 26th [2] - 22:11, 93:15 28 [3] - 10:13, 44:2, 63:19 28th [4] - 27:13, 28:6, 28:8, 28:13 2nd [5] - 15:13, 18:14, 19:2, 26:18, 48:6 3 3 [6] - 14:20, 14:22, 15:6, 15:22, 16:7, 17:3 30 [4] - 8:10, 41:13, 67:12, 91:12 300 [1] - 81:10 31 [2] - 1:7, 3:1 31st [1] - 3:6 32233 [1] - 2:8 35 [4] - 51:10, 56:24, 57:5, 63:20 35-foot-by-28-foot [1] - 63:22 39 [1] - 57:3 4 4 [5] - 15:21, 16:10, 16:22, 16:23 40 [3] - 58:16, 63:20, 63:21 42 [1] - 17:6 44 [1] - 17:6 5 5 [7] - 17:6, 17:8, 17:12, 17:20, 18:9, 18:12, 19:5 50 [3] - 58:16, 58:17, 68:23 5th [1] - 17:15 6 6 [3] - 18:18, 18:22, 19:9 60 [1] - 58:17 606.2.1 [1] - 66:20 68 [1] - 19:13 7 7 [8] - 14:20, 19:13, 19:19, 20:2, 21:9, 41:18, 41:22 71 [1] - 21:23 73 [1] - 21:23 75 [2] - 51:1, 67:17 76 [1] - 23:7 7th [1] - 20:3 8 8 [4] - 21:22, 21:24, 22:10 80 [1] - 23:7 800 [1] - 1:9 82 [1] - 49:20 84 [1] - 49:20 9 9 [4] - 23:5, 23:6, 23:11, 23:23 90 [3] - 58:13, 90:8, 90:9 A a.m [4] - 1:8, 3:1, 3:7, 92:14 abandoned [1] - 89:14 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville , FL 32203(904) 821-0300 1 ability [2] - 48:12, 87:1 able [3] - 8:7, 65:6, 82:18 absolutely [1] - 79:10 accept [1] - 39:7 accomplished [1] - 72:8 accordance [1] - 29:18 according [1] - 8:24 accurately [1] - 28:11 acknowledge [1] - 52:15 act [1] - 40:6 action [3] - 7:3, 24:20 actions [1] - 22:13 active [1] - 50:9 actual [5] - 9:20, 24:15, 41:7, 64:12, 71:5 adding [1] - 63:4 addition [1] - 8:7 additional [2] - 37:18, 69:24 ADDRESS [1] - 2:7 adjacent [1] - 20:21 adjoining [2] - 89:10, 91:16 adjourn [1] - 83:18 adjourned [1] - 92:13 administrative [1] - 39:18 adopted [1] - 53:4 adult [1] - 81:6 affect [4] - 30:10, 31:25, 34:1, 36:1 affected [2] - 67:16, 71:20 affecting [1] - 30:8 affirm [3] - 5:9, 6:19, 86:2 affirmatively [1] - 5:14 AGC [1] - 62:20 AGC's [1] - 62:19 agenda [18] - 9:10, 9:11, 9:14, 13:13, 13:24, 14:21, 15:22, 17:7, 19:13, 21:23, 23:7, 25:11, 26:9, 27:17, 48:17, 49:21, 51:16, 71:17 ago [1] - 89:16 agree [9] - 30:8, 30:11, 63:10, 69:9, 73:16, 74:19, 77:16, 78:24, 91:25 agreed [3] - 24:8, 34:20, 55:4 agreement [1] - 12:10 ahead [5] - 33:18, ATTACHMENT B October 31, 2019 Minutes Page 31 of 42 Agenda Item #2.A. 05 Mar 2020 Page 33 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11/26/2019 11:46:36 AM Page 2 to 2 of 12 26 of 36 sheets 34:15, 80:11, 86:7, 88:18 Air [2] - 31:10, 81:9 Alexander [3] - 1:14, 57:21, 58:22 allow [1] - 62:13 allows [1] - 88:5 almost [2] - 42:22 alone [2] - 48:13, 64:21 alternative [1] - 90:19 alternatively [2] - 90:17, 92:9 amount [3] - 15:15, 18:16, 68:9 analysis [1] - 25:2 anchor [1] - 65:2 anchors [1] - 18:6 andrew [1] - 2:6 Andrew [3] - 4:2, 8:25, 13:15 Andy [1] - 29:14 ANGELA [1] - 1:14 Angela [2] - 12:13, 12:20 angle [3] - 72:20, 72:22, 73:4 announce [2] - 7:16, 7:20 answer [3] - 5:8, 72:19, 83:11 answered [1] - 78:9 apart [6] - 30:21, 35:18, 35:19, 70:1, 75:1, 82:1 apartments [1] - 40:14 Apex [2] - 59:2, 59:6 apologize [2] - 16:12, 27:19 apparent [1] - 70:5 Appeal [1] - 91:11 appeal [4] - 8:3, 8:8, 8:13, 91:10 appear [2] - 20:11, 86:21 applied [1] - 90:2 apply [2] - 53:6, 78:14 appreciate [1] - 86:1 approach [1] - 79:11 approached [1] - 86:11 approaches [6] - 12:16, 29:8, 38:8, 57:17, 80:23, 85:12 approve [1] - 39:7 approximate [1] - 43:19 April [3] - 14:14, 22:11, 28:5 architect [1] - 44:7 area [4] - 67:12, 71:11, 71:17, 92:3 argue [1] - 60:16 Arlington [11] - 19:23, 21:3, 28:17, 38:7, 38:8, 38:11, 54:7, 57:7, 57:9, 57:12, 77:14 ARLINGTON [78] - 1:13, 38:11, 38:15, 38:18, 38:22, 38:25, 39:11, 39:17, 39:24, 40:2, 40:8, 40:12, 40:15, 40:18, 40:22, 41:4, 41:10, 41:15, 41:24, 42:4, 42:10, 42:14, 43:6, 43:11, 43:15, 43:21, 43:25, 44:14, 44:16, 44:19, 45:9, 45:16, 45:22, 46:7, 46:13, 46:25, 47:4, 47:9, 47:14, 47:18, 48:2, 48:6, 48:10, 48:14, 48:19, 49:1, 49:4, 49:11, 49:14, 49:23, 50:3, 50:6, 50:18, 50:25, 51:5, 51:18, 51:24, 52:5, 52:14, 52:17, 52:20, 53:2, 53:14, 53:22, 54:2, 54:13, 54:18, 54:25, 55:11, 55:15, 55:23, 56:3, 56:5, 56:9, 56:12, 56:16, 57:1, 57:15 Arlington's [1] - 63:7 arrange [1] - 52:10 aspect [1] - 55:7 aspects [1] - 89:8 assemblies [1] - 20:17 assessed [1] - 69:22 assessment [1] - 69:20 associated [4] - 17:2, 43:9, 53:19, 63:4 assume [1] - 65:6 assuming [3] - 37:9, 54:22, 55:9 assumption [1] - 75:17 ATLANTIC [1] - 1:1 Atlantic [26] - 1:10, 2:7, 3:6, 3:15, 3:23, 4:1, 5:25, 6:4, 7:1, 8:23, 12:14, 12:22, 12:25, 15:7, 21:11, 33:11, 37:17, 38:12, 38:14, 38:17, 39:16, 53:4, 63:2, 80:17, 81:7, 90:11 attached [1] - 76:9 attend [1] - 58:5 Audience [1] - 5:16 AUDIENCE [5] - 4:5, 4:22, 5:7, 5:13, 5:19 audience [1] - 10:3 August [8] - 11:8, 17:14, 17:15, 25:5, 25:25, 47:9, 49:8, 49:11 authority [3] - 86:19, 86:22, 88:23 authorize [1] - 90:11 authorized [1] - 93:8 avoid [1] - 74:2 aware [1] - 89:5 B bachelor [1] - 58:3 background [1] - 32:7 Background [1] - 20:7 backhoe [1] - 35:16 backing [1] - 21:7 bad [1] - 68:10 balance [1] - 91:23 balcony [8] - 31:23, 33:24, 34:1, 35:23, 35:24, 36:2 band [2] - 70:22, 71:4 bank [1] - 12:10 based [9] - 3:19, 20:14, 32:6, 53:18, 54:16, 61:12, 64:16, 79:3, 91:4 bases [1] - 87:14 basic [3] - 3:12, 3:16, 35:1 basics [2] - 6:2, 81:5 BEACH [1] - 1:1 Beach [27] - 1:10, 2:8, 3:6, 3:15, 3:23, 4:1, 5:25, 6:4, 7:1, 8:23, 12:15, 12:22, 12:25, 15:7, 21:11, 33:11, 37:17, 38:12, 38:14, 38:17, 39:16, 40:3, 53:4, 63:2, 80:17, 81:7, 90:11 beam [1] - 64:25 bear [1] - 62:3 bearing [5] - 13:8, 46:6, 46:8, 62:1, 62:4 bears [1] - 3:23 became [2] - 11:11, 42:17 become [1] - 62:5 begin [2] - 3:11, 9:7 behalf [2] - 85:8, 86:21 behavior [1] - 30:2 belief [1] - 50:14 below [1] - 70:23 benefit [1] - 87:16 best [2] - 83:19, 86:25 better [2] - 58:19, 79:2 between [4] - 27:1, 62:23, 77:21, 81:23 big [1] - 65:2 bit [6] - 21:8, 57:25, 58:11, 65:20, 71:25, 75:16 block [4] - 63:23, 81:9, 81:10, 81:17 blowing [1] - 63:24 blown [1] - 56:20 blows [1] - 44:23 blueprints [1] - 33:20 Board [3] - 15:7, 22:14, 22:19 board [2] - 70:22, 71:4 boards [1] - 35:19 bottom [1] - 68:7 brace [3] - 72:22, 73:6, 73:8 braces [3] - 72:20, 72:24, 73:4 bracing [1] - 50:10 Branham [3] - 1:7, 3:8, 5:21 bridges [1] - 57:4 brief [3] - 9:23, 10:1, 76:21 briefly [2] - 39:15, 80:24 bring [9] - 74:3, 77:4, 88:6, 88:8, 88:20, 89:17, 89:20, 89:22, 90:7 brought [4] - 66:9, 69:1, 88:9, 88:16 buckled [1] - 71:7 buckling [2] - 70:22, 71:4 build [1] - 73:5 builder [1] - 39:6 Building [15] - 1:13, 20:25, 39:19, 53:6, 53:13, 59:3, 59:15, 63:2, 66:11, 66:18, 66:21, 67:18, 69:1, 78:19 building [46] - 10:17, 15:14, 19:22, 20:11, 30:14, 35:11, 36:14, 38:12, 38:14, 39:15, 39:17, 39:22, 40:2, 43:23, 44:2, 45:18, 45:25, 46:10, 50:7, Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville , FL 32203(904) 821-0300 2 52:11, 53:7, 53:9, 53:12, 55:19, 60:6, 60:8, 60:18, 61:4, 62:11, 64:13, 64:23, 66:1, 66:2, 66:10, 67:19, 68:12, 68:24, 68:25, 69:6, 70:4, 70:6, 76:12, 78:1, 78:18, 79:8, 90:3 buildings [8] - 13:9, 53:7, 58:18, 60:25, 67:19, 67:20, 74:21 built [5] - 20:9, 30:15, 40:10, 40:13, 56:1 burden [1] - 3:24 business [1] - 9:9 C calculating [1] - 59:9 calculation [1] - 65:4 calculations [7] - 62:22, 64:12, 64:18, 72:15, 78:6, 78:14, 79:9 cannot [6] - 47:23, 50:11, 64:20, 68:4, 90:18 capability [1] - 50:12 capacity [4] - 39:23, 67:7, 67:10, 67:15 car [1] - 59:23 care [1] - 89:25 careful [1] - 55:17 carefully [1] - 37:2 carpenter [1] - 40:5 carrying [2] - 67:7, 67:10 case [3] - 7:2, 17:15, 33:1 CASE [1] - 2:5 catch [2] - 31:1, 31:5 caught [3] - 6:24, 30:25, 31:5 caused [3] - 27:6, 61:15, 69:12 causing [3] - 29:24, 61:17, 91:18 caving [2] - 51:7, 51:8 ceiling [1] - 20:17 cell [2] - 8:16, 59:6 Century [1] - 1:15 certainly [1] - 41:20 CERTIFICATE [1] - 93:1 Certificate [6] - 13:25, 21:17, 24:18, 24:21, 53:10, 89:15 Certified [1] - 52:21 certified [4] - 21:10, ATTACHMENT B October 31, 2019 Minutes Page 32 of 42 Agenda Item #2.A. 05 Mar 2020 Page 34 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 27 of 36 sheets Page 3 to 3 of 12 11/26/2019 11:46:36 AM 21:15, 21:18, 52:19 certify [1] - 93:8 Chambers [1] - 1:9 chance [3] - 34:11, 34:24, 79:2 changed [2] - 22:22, 22:25 Chapter [2] - 3:15, 6:3 choice [1] - 74:10 chunk [1] - 56:21 cinder [1] - 81:17 circle [2] - 51:21, 71:11 circled [1] - 71:17 Circuit [1] - 8:9 citations [1] - 30:3 cite [1] - 50:4 cited [4] - 14:13, 17:21, 19:4, 50:6 CITY [2] - 1:1, 85:21 City [34] - 1:9, 3:5, 3:23, 4:1, 5:24, 7:1, 7:8, 8:4, 9:7, 11:2, 21:11, 21:16, 23:17, 32:19, 33:7, 33:11, 37:17, 38:12, 38:17, 39:16, 53:4, 80:2, 80:3, 80:16, 87:6, 87:17, 88:23, 88:25, 90:4, 90:11, 90:13, 90:17, 91:22 civil [2] - 58:4, 59:5 clarify [2] - 16:21, 68:14 clause [1] - 66:19 cleanly [1] - 65:7 clear [4] - 39:8, 87:19, 87:24, 89:3 Clerk [2] - 8:5, 21:18 clips [1] - 74:9 close [1] - 87:12 closed [1] - 57:4 COAB [2] - 1:13, 1:14 code [13] - 45:24, 45:25, 46:10, 55:21, 56:2, 66:9, 68:13, 78:16, 79:8, 81:14, 89:6, 89:9 CODE [1] - 1:2 Code [31] - 1:14, 3:5, 3:16, 5:22, 6:4, 6:7, 12:14, 12:21, 14:9, 15:7, 15:11, 18:24, 20:25, 22:14, 22:19, 23:12, 41:25, 42:5, 52:22, 53:3, 53:6, 53:13, 54:3, 59:15, 63:2, 66:11, 66:18, 66:21, 67:18, 69:1, 78:19 codes [1] - 20:12 collapse [16] - 9:2, 11:17, 11:18, 50:8, 50:9, 50:17, 50:19, 50:20, 51:20, 62:6, 65:9, 70:7, 76:3, 77:15, 77:21, 87:21 collapsed [4] - 51:22, 56:13, 70:21, 71:7 collapses [2] - 56:17, 76:12 collapsing [1] - 11:16 columns [1] - 65:1 coming [2] - 38:17, 63:23 command [1] - 84:16 commencing [1] - 1:8 commercial [2] - 39:3, 58:15 Commission [1] - 1:9 common [9] - 10:18, 10:19, 13:8, 33:24, 46:7, 75:14, 76:1, 76:9, 76:10 company [1] - 71:24 complete [3] - 15:13, 67:25, 93:10 completed [1] - 62:16 completely [5] - 35:9, 35:17, 60:15, 71:21, 76:3 complex [3] - 73:17, 82:13, 91:14 compliance [10] - 19:1, 88:7, 88:9, 88:10, 88:16, 88:20, 89:18, 89:21, 89:23, 90:7 compliant [1] - 90:9 complicated [1] - 10:22 Complies [17] - 6:17, 14:24, 15:24, 17:9, 18:20, 19:16, 21:25, 23:8, 25:14, 26:11, 27:20, 48:2, 48:19, 49:23, 51:18, 51:24, 71:14 complies [1] - 47:4 comply [6] - 4:22, 20:11, 55:21, 56:2, 56:8, 56:11 Comply [1] - 5:7 complying [1] - 20:24 component [1] - 67:11 components [2] - 67:11, 68:12 composite [1] - 70:13 compromised [1] - 62:5 concern [2] - 47:16, 48:12 concerning [5] - 11:3, 23:25, 52:13, 53:16, 63:7 concerns [1] - 8:22 conclude [1] - 92:12 concluded [4] - 10:24, 11:14, 11:16, 11:21 conclusion [1] - 47:22 conclusions [3] - 61:8, 61:13, 90:25 Condition [1] - 68:3 condition [12] - 11:3, 28:12, 53:16, 67:1, 67:9, 67:15, 68:5, 78:2, 78:22, 84:14, 84:25, 91:17 conditions [1] - 63:1 confident [1] - 78:20 confined [1] - 86:18 confirmed [1] - 69:23 confirming [1] - 13:15 confronted [2] - 87:17, 88:14 connection [1] - 53:21 constructed [2] - 53:10, 79:1 construction [21] - 10:17, 30:19, 39:9, 39:10, 39:11, 39:13, 39:23, 40:1, 40:21, 40:23, 41:7, 43:19, 45:20, 46:11, 46:12, 46:13, 56:16, 58:17, 62:22, 79:3, 81:3 Consulting [2] - 1:14, 57:21 contact [3] - 21:1, 23:24, 44:10 contacted [1] - 34:17 contemporaneously [2] - 47:12, 48:8 contested [1] - 3:22 continued [2] - 9:6, 51:4 continuous [1] - 46:4 contract [1] - 62:21 contracted [1] - 25:4 contractor [2] - 40:7, 62:8 contractor's [1] - 40:9 contractors [4] - 34:18, 35:11, 36:14, 82:2 control [1] - 46:17 conversations [1] - 82:2 copies [2] - 9:9, 21:10 copy [8] - 9:14, 26:2, 26:21, 45:25, 47:11, 48:7, 49:6, 52:7 corner [3] - 61:18, 61:22, 61:24 cornice [1] - 51:6 correct [16] - 3:22, 11:22, 11:25, 14:10, 14:11, 16:8, 17:4, 18:15, 21:6, 23:3, 45:8, 46:24, 46:25, 54:14, 63:9, 74:15 corrections [2] - 39:6, 39:21 corrective [1] - 22:13 corresponding [1] - 45:12 County [6] - 8:9, 21:19, 38:19, 38:21, 38:24, 41:11 COUNTY [1] - 93:4 couple [7] - 36:11, 54:8, 65:1, 77:13, 80:17, 82:10, 88:18 course [1] - 11:2 court [1] - 32:14 Court [2] - 8:9, 21:19 create [1] - 92:1 created [1] - 33:20 critical [2] - 31:16, 36:5 cross [7] - 7:7, 7:9, 32:9, 33:9, 33:13, 34:8, 37:13 cross-examination [2] - 32:9, 33:9 cross-examine [4] - 7:7, 7:9, 33:13, 34:8 current [5] - 20:11, 62:25, 66:8, 66:9, 79:7 cutout [1] - 71:2 D damage [23] - 20:23, 60:9, 61:1, 61:14, 61:19, 61:22, 62:2, 66:20, 66:23, 66:24, 67:2, 67:4, 67:6, 67:23, 68:9, 69:19, 69:24, 73:22, 74:3, 74:23, 75:9, 76:13 damaged [6] - 20:18, 60:21, 66:24, 68:2, 75:2, 79:2 Damiano [2] - 59:3, 59:4 Dan [5] - 19:22, 21:3, 38:6, 38:11, 75:15 DAN [1] - 1:13 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville , FL 32203(904) 821-0300 3 danger [7] - 9:2, 11:16, 50:17, 50:19, 56:19, 87:20 dangerous [7] - 9:5, 12:4, 49:17, 50:7, 55:2, 55:8, 56:19 date [10] - 16:23, 20:1, 22:9, 24:15, 25:23, 27:22, 43:18, 43:19, 48:5, 49:9 DATED [1] - 93:15 dated [6] - 16:17, 16:24, 28:4, 28:8, 49:8, 49:24 dates [1] - 28:3 daylight [1] - 42:24 days [11] - 8:6, 8:10, 30:16, 55:5, 82:23, 89:21, 90:8, 90:9, 91:3, 91:12 dead [1] - 67:17 deadlines [1] - 8:12 deal [4] - 32:16, 83:19, 89:1, 92:4 debris [2] - 42:25, 43:3 decision [11] - 7:16, 7:18, 7:19, 7:20, 7:21, 8:3, 8:8, 83:17, 90:24, 91:11, 92:6 decisions [1] - 3:19 deed [2] - 13:14, 21:13 defects [1] - 70:2 defendant [1] - 15:12 defined [1] - 67:23 definitely [3] - 75:25, 76:14, 86:10 definition [1] - 67:3 deliver [1] - 52:6 delivered [4] - 49:3, 49:4, 52:3, 53:25 demoing [2] - 68:10, 72:12 demolish [10] - 22:8, 30:7, 35:9, 35:17, 36:7, 54:11, 54:16, 54:22, 88:24, 90:3 demolished [5] - 19:25, 20:19, 20:21, 24:8, 79:7 demolishing [3] - 30:10, 62:14, 82:14 demolition [12] - 12:8, 23:21, 24:9, 35:14, 54:21, 55:1, 55:3, 67:25, 72:17, 90:12, 90:14, 90:16 demolitioning [1] - 66:10 demonstration [1] - ATTACHMENT B October 31, 2019 Minutes Page 33 of 42 Agenda Item #2.A. 05 Mar 2020 Page 35 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11/26/2019 11:46:36 AM Page 4 to 4 of 12 28 of 36 sheets 34:4 Department [2] - 39:19, 63:3 dependent [1] - 10:18 describe [4] - 13:5, 39:14, 42:6, 42:12 described [3] - 54:17, 61:12, 81:19 designed [2] - 45:21, 46:14 designer [1] - 44:7 details [1] - 62:22 deteriorate [1] - 27:6 deteriorated [1] - 20:18 deterioration [3] - 29:24, 36:16, 50:15 determine [1] - 13:18 determines [1] - 90:17 determining [1] - 59:10 develop [1] - 64:4 development [1] - 59:6 Diane [2] - 93:7, 93:19 different [4] - 10:8, 44:4, 46:21, 78:17 difficult [4] - 73:6, 88:13, 92:5, 92:11 difficulty [2] - 88:14, 89:24 dilapidated [3] - 11:12, 18:7, 87:18 dilapidation [3] - 11:15, 42:13, 51:4 diligently [1] - 85:15 dimension [1] - 45:15 dimensions [2] - 44:11, 63:8 direct [2] - 51:15, 78:12 direction [2] - 24:14, 67:8 directly [2] - 9:24, 63:24 disagrees [1] - 8:2 discussed [1] - 41:17 discussing [1] - 81:13 discussions [1] - 24:4 disrepair [2] - 10:22, 18:5 distinction [1] - 46:23 divided [2] - 10:15, 81:21 document [15] - 9:21, 13:17, 14:3, 15:23, 18:18, 18:19, 19:12, 19:15, 21:22, 22:3, 22:17, 25:17, 26:21, 50:1, 70:18 documented [1] - 19:23 documents [4] - 39:12, 39:13, 79:13, 79:14 done [12] - 8:5, 8:10, 35:11, 55:15, 55:16, 55:19, 58:14, 65:25, 72:5, 74:13, 77:10, 89:4 doors [2] - 84:3, 84:7 Dora [1] - 11:10 Dorian [5] - 27:5, 51:9, 56:22, 56:24, 69:19 double [1] - 27:19 double-sided [1] - 27:19 doubt [2] - 31:18, 36:6 Douglas [4] - 15:19, 17:18, 22:7, 22:20 down [37] - 10:15, 12:11, 13:8, 20:19, 23:14, 31:19, 31:25, 33:25, 37:18, 42:18, 46:19, 47:20, 55:5, 56:20, 60:21, 60:23, 65:2, 65:13, 65:18, 66:2, 68:8, 71:21, 72:23, 73:14, 73:23, 74:7, 74:11, 74:21, 75:3, 75:7, 83:9, 84:3, 84:7, 85:10, 86:11, 88:12, 90:20 dozens [1] - 42:10 drawings [3] - 39:10, 39:11, 39:23 drill [1] - 73:9 drywall [2] - 73:25, 74:24 due [5] - 10:16, 11:10, 11:14, 50:15, 61:19 duplex [7] - 10:6, 10:9, 13:7, 31:4, 35:12, 46:12, 46:13 duplex-type [2] - 46:12, 46:13 duplexes [2] - 40:17, 46:1 during [8] - 5:3, 54:21, 55:1, 65:21, 71:22, 72:7, 77:14, 90:15 duties [2] - 38:23, 39:15 Duval [2] - 8:9, 21:19 DUVAL [1] - 93:4 E early [1] - 10:25 early/mid [1] - 41:2 easily [1] - 31:1 east [3] - 59:23, 60:19 easy [1] - 64:15 echo [1] - 75:15 economic [1] - 90:18 economically [1] - 74:18 education [1] - 58:1 effect [2] - 31:21, 35:21 effective [1] - 30:24 eight [1] - 44:16 either [6] - 12:8, 28:21, 28:23, 28:25, 40:18, 65:18 element [1] - 66:25 elements [3] - 64:1, 67:4, 67:16 eleven [1] - 38:22 EMPLOYEE [1] - 85:21 employment [1] - 41:8 end [10] - 7:16, 7:18, 37:10, 59:23, 60:17, 60:19, 63:25, 64:25, 68:11, 76:9 endangers [1] - 9:3 ENFORCEMENT [1] - 1:2 Enforcement [17] - 1:14, 3:5, 5:22, 6:8, 12:14, 12:22, 14:9, 15:7, 15:11, 18:25, 22:14, 22:19, 23:12, 41:25, 42:5, 52:22, 54:3 engage [1] - 25:1 engaged [1] - 11:4 engineer [15] - 11:4, 11:12, 11:21, 25:1, 25:5, 25:7, 25:21, 57:24, 58:2, 58:8, 58:12, 59:9, 61:14, 64:17, 80:25 engineer's [2] - 58:10, 91:5 engineering [16] - 11:7, 43:9, 43:12, 43:14, 47:5, 48:3, 48:22, 48:24, 49:7, 52:8, 53:20, 58:4, 59:5, 69:12, 82:4 enter [3] - 60:15, 60:17, 62:8 enters [1] - 5:16 entire [6] - 50:6, 62:5, 66:6, 68:1, 68:13, 68:24 entitled [1] - 91:2 Esq [1] - 1:13 essentially [1] - 88:5 establish [1] - 34:10 establishing [1] - 14:4 estate [1] - 34:19 estimates [1] - 36:20 evaluating [2] - 81:3, 82:4 event [8] - 12:1, 50:20, 50:22, 56:20, 65:10, 77:15, 77:19, 92:1 events [2] - 87:24, 88:3 eventually [2] - 39:7, 74:8 evidence [15] - 3:20, 5:10, 6:19, 7:5, 7:24, 79:16, 80:6, 85:4, 86:3, 87:12, 87:19, 88:11, 89:6, 91:5, 91:9 Evidence [1] - 7:25 evidentiary [1] - 87:12 exact [1] - 30:2 exactly [5] - 30:3, 31:8, 31:13, 63:21, 64:14 examination [2] - 32:9, 33:9 examine [4] - 7:7, 7:9, 33:13, 34:8 examiner [3] - 38:18, 38:24, 38:25 exceed [1] - 67:1 exceeded [1] - 68:4 exceeds [1] - 81:18 excellent [2] - 7:15, 84:14 except [2] - 30:9, 31:13 exception [1] - 81:12 exceptions [1] - 81:15 excuse [4] - 14:20, 23:6, 65:14, 82:14 execution [2] - 8:6, 8:11 exert [1] - 76:4 exhibit [4] - 26:8, 41:17, 48:17, 66:12 Exhibit [65] - 13:11, 13:22, 13:23, 14:20, 14:22, 15:6, 15:21, 15:22, 16:7, 16:10, 16:22, 16:23, 17:3, 17:6, 17:8, 17:12, 17:20, 18:9, 18:12, 18:18, 18:22, 19:5, 19:9, 19:13, 19:19, 20:2, 21:22, 21:24, 22:10, 23:5, 23:6, 23:11, 23:23, 25:10, Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville , FL 32203(904) 821-0300 4 25:12, 26:8, 26:10, 27:2, 27:3, 27:15, 28:8, 41:18, 41:22, 47:2, 48:1, 48:16, 48:18, 48:25, 49:10, 49:13, 49:20, 51:14, 51:17, 52:18, 52:25, 53:24, 61:7, 66:15, 66:16, 70:13, 71:11 Exhibits [2] - 21:9, 79:15 exhibits [7] - 9:14, 9:20, 21:10, 29:15, 29:16, 57:15, 76:24 existed [1] - 78:16 existing [5] - 20:21, 30:20, 53:6, 63:5, 66:21 exists [2] - 68:9, 78:17 expect [1] - 33:11 expectation [1] - 75:21 expected [1] - 64:23 expensive [2] - 11:25, 35:15 experience [5] - 39:25, 41:13, 50:23, 64:17, 75:4 experienced [1] - 57:2 expert [1] - 30:18 expertise [1] - 34:5 explain [4] - 46:9, 52:6, 69:11, 87:14 exposed [1] - 20:24 extensive [2] - 61:18, 74:4 extent [2] - 73:13, 75:8 exterior [1] - 18:3 extremely [2] - 11:25, 60:6 F fact [9] - 3:22, 29:22, 30:9, 35:8, 46:23, 54:11, 69:2, 69:24, 90:25 fail [3] - 61:25, 78:20, 79:3 failed [2] - 31:7, 89:7 failing [1] - 76:7 failure [5] - 9:2, 60:23, 61:21, 61:24, 81:4 failures [1] - 89:12 fairness [1] - 91:17 fall [2] - 60:23, 76:8 fallen [1] - 10:21 falling [1] - 71:9 familiar [1] - 81:8 ATTACHMENT B October 31, 2019 Minutes Page 34 of 42 Agenda Item #2.A. 05 Mar 2020 Page 36 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 29 of 36 sheets Page 5 to 5 of 12 11/26/2019 11:46:36 AM family [4] - 40:11, 40:18, 40:22, 81:10 far [4] - 11:24, 30:15, 70:3 Fargo [39] - 2:6, 4:2, 4:7, 4:10, 7:4, 8:25, 11:1, 11:3, 11:4, 14:2, 14:4, 22:22, 23:25, 24:5, 24:8, 24:16, 25:1, 28:23, 30:5, 37:25, 38:3, 49:25, 53:25, 54:10, 57:12, 79:20, 80:10, 85:4, 85:8, 85:14, 86:9, 86:13, 86:21, 88:17, 88:19, 89:15, 89:17, 89:22, 90:6 fast [1] - 56:15 fastened [1] - 75:23 father [1] - 40:24 feasibility [1] - 90:18 feasible [1] - 74:18 feet [9] - 10:13, 44:1, 44:2, 44:14, 44:16, 60:4, 63:19, 63:21, 64:10 few [8] - 35:1, 36:18, 80:13, 81:12, 81:15, 84:2, 84:6, 89:15 figure [3] - 36:15, 64:15, 73:11 file [1] - 21:5 filed [1] - 91:12 files [1] - 19:21 filled [1] - 42:25 final [1] - 39:19 finally [1] - 16:16 findings [5] - 25:21, 26:17, 29:15, 54:16, 90:25 fine [3] - 16:4, 31:24, 37:15 fines [8] - 15:14, 16:15, 16:16, 18:15, 18:25, 22:23, 23:13, 23:15 finish [1] - 25:13 finished [3] - 14:23, 37:20, 77:8 finishes [2] - 32:19, 33:8 fire [6] - 20:12, 30:25, 31:1, 31:5, 81:25 firewall [12] - 30:16, 30:20, 30:25, 45:23, 46:1, 46:2, 46:3, 55:21, 56:1, 81:13, 81:17, 81:24 firewalls [4] - 30:17, 30:18, 30:19, 31:2 first [20] - 4:18, 6:25, 14:13, 17:2, 27:23, 32:18, 33:23, 35:21, 36:1, 40:20, 42:24, 43:3, 47:5, 49:7, 60:3, 64:6, 65:14, 69:15, 69:16 five [5] - 33:2, 38:15, 40:3, 60:23, 77:21 five-and-a-half [1] - 38:15 fixed [1] - 90:10 floor [17] - 31:23, 42:19, 42:21, 42:24, 43:2, 43:3, 44:6, 60:11, 60:21, 61:19, 62:3, 64:4, 67:13, 69:18, 71:6, 75:12 flooring [1] - 75:12 floors [2] - 20:16, 64:3 FLORIDA [1] - 93:3 Florida [24] - 1:10, 2:8, 3:14, 6:3, 7:25, 8:9, 8:23, 20:25, 21:19, 53:5, 53:13, 58:6, 58:8, 59:14, 63:1, 66:11, 66:18, 66:21, 67:18, 69:1, 78:19, 83:16, 93:7, 93:19 follow [5] - 11:13, 14:16, 15:22, 83:23, 83:24 follow-up [4] - 11:13, 14:16, 83:23, 83:24 followed [1] - 7:21 following [5] - 3:13, 7:24, 17:15, 59:14, 61:13 follows [1] - 68:1 foot [1] - 60:4 foot-and-a-half [1] - 60:4 footing [1] - 73:11 footings [1] - 65:2 force [4] - 51:1, 67:5, 76:4, 76:5 foreclosure [6] - 10:23, 10:24, 23:2, 24:11, 24:12, 24:20 foregoing [2] - 92:13, 93:9 formal [2] - 7:21, 32:5 formulate [1] - 90:13 fortunate [1] - 87:22 forward [2] - 24:13, 32:13 foundation [1] - 46:4 foundations [1] - 63:5 founded [1] - 58:23 four [4] - 40:15, 40:19, 82:23 four-unit [1] - 40:19 frame [5] - 20:10, 56:16, 64:25, 65:3, 74:9 framed [1] - 20:16 framing [1] - 71:5 Friday [1] - 43:6 front [6] - 45:11, 51:6, 51:7, 52:11, 59:22, 61:6 full [3] - 20:4, 58:24, 73:13 full-time [1] - 58:24 fully [2] - 32:25, 79:1 function [1] - 45:21 fuse [1] - 91:9 future [1] - 87:22 G garbage [1] - 60:5 Gartner [13] - 25:8, 26:6, 26:17, 26:25, 44:19, 57:14, 57:17, 57:20, 77:9, 77:10, 77:12, 79:18, 79:21 GARTNER [51] - 1:14, 57:20, 57:24, 58:3, 58:6, 58:9, 58:13, 58:23, 59:2, 59:13, 59:18, 59:21, 60:2, 60:16, 61:9, 61:12, 63:9, 63:15, 63:17, 64:22, 65:11, 65:16, 66:1, 66:16, 68:17, 68:21, 69:6, 69:9, 69:14, 69:25, 70:8, 70:15, 70:19, 71:14, 71:23, 72:6, 72:11, 72:19, 73:18, 74:19, 75:15, 76:6, 76:18, 77:17, 77:23, 78:1, 78:8, 78:15, 78:23, 79:10, 79:23 Gartner's [3] - 47:5, 48:3, 82:5 general [7] - 8:1, 34:17, 40:7, 40:8, 63:11, 82:2, 92:3 generally [3] - 13:4, 42:11, 72:16 generated [1] - 62:13 genesis [1] - 69:11 gentleman [2] - 29:17, 29:20 GEOFF [1] - 1:14 Geoff [6] - 25:8, 26:6, 26:17, 26:25, 57:14, 57:20 given [3] - 18:14, 37:11, 54:9 goal [1] - 73:23 gotcha [1] - 84:17 govern [2] - 3:17, 3:18 governed [2] - 3:14, 6:3 government [1] - 41:8 government-type [1] - 41:8 Grace [3] - 1:14, 57:21, 58:22 grandfather [1] - 40:24 grant [1] - 90:4 granted [1] - 47:19 gravity [1] - 59:14 great [4] - 61:2, 63:18, 75:16, 84:25 ground [1] - 75:21 group [1] - 67:11 guarantee [1] - 88:1 guess [5] - 4:17, 42:12, 53:11, 74:17, 75:11 guessing [1] - 57:5 guideline [1] - 8:1 H half [13] - 20:8, 20:15, 31:20, 38:15, 47:20, 47:21, 47:23, 50:13, 60:4, 60:19, 67:24, 86:11, 86:14 halfway [1] - 33:4 Hall [1] - 1:9 halves [1] - 44:4 hand [20] - 4:21, 5:6, 6:15, 14:19, 15:20, 17:5, 18:17, 19:12, 23:4, 27:8, 27:14, 47:1, 47:25, 48:15, 49:4, 49:19, 51:13, 52:6, 70:12, 85:23 hand-deliver [1] - 52:6 hand-delivered [1] - 49:4 handle [1] - 32:11 hands [4] - 22:22, 23:1, 24:9, 41:7 hands-on [1] - 41:7 happy [1] - 92:10 hard [4] - 70:8, 70:19, 70:25, 76:14 harder [2] - 44:22, 63:13 hear [3] - 10:5, 10:16, 77:22 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville , FL 32203(904) 821-0300 5 heard [1] - 63:6 HEARING [1] - 1:3 hearing [20] - 3:5, 5:25, 6:2, 7:13, 7:17, 7:18, 15:6, 15:10, 16:6, 18:9, 18:12, 18:13, 22:18, 22:21, 22:23, 83:17, 83:18, 87:11, 91:8, 92:12 hearsay [1] - 34:21 held [1] - 1:6 hello [1] - 12:19 help [1] - 74:3 helpful [1] - 10:2 high [8] - 50:20, 50:22, 56:19, 65:9, 77:15, 77:19, 87:24, 92:1 high-wind [8] - 50:20, 50:22, 56:19, 65:9, 77:15, 77:19, 87:24, 92:1 higher [3] - 31:3, 45:1, 84:16 highly [3] - 30:24, 73:17, 91:20 history [1] - 58:12 hits [1] - 64:4 hoarding [1] - 60:5 hole [4] - 42:15, 42:17, 42:18, 70:24 holes [4] - 29:22, 29:23, 43:1 home [2] - 73:22, 82:16 Home [4] - 2:6, 4:2, 4:7, 53:25 homes [6] - 40:11, 81:6, 81:7, 81:10, 81:11, 84:8 hone [2] - 35:8, 35:20 Honor [7] - 12:7, 37:9, 54:6, 76:22, 79:23, 82:8, 87:7 Honorable [1] - 1:7 hopefully [1] - 92:7 horizontal [2] - 67:8, 69:7 Horne [1] - 59:4 hour [6] - 46:1, 46:2, 46:3, 51:10, 56:25, 57:5 house [4] - 84:2, 84:5, 84:6, 90:4 human [1] - 17:22 hundred [1] - 55:24 hurricane [8] - 27:5, 49:14, 49:15, 49:16, 51:1, 56:24, 74:9, 74:11 ATTACHMENT B October 31, 2019 Minutes Page 35 of 42 Agenda Item #2.A. 05 Mar 2020 Page 37 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11/26/2019 11:46:36 AM Page 6 to 6 of 12 30 of 36 sheets Hurricane [2] - 11:10, 56:22 hurricane-force [1] - 51:1 I idea [1] - 75:8 identify [3] - 16:1, 18:22, 19:18 images [1] - 31:9 imagine [3] - 44:19, 71:6, 76:7 immediately [3] - 15:21, 36:17, 83:2 imminent [8] - 9:1, 11:16, 50:16, 50:18, 60:22, 61:20, 61:23, 77:16 implicated [1] - 89:9 important [3] - 8:12, 31:6, 44:1 imposed [6] - 15:14, 16:15, 16:16, 18:16, 18:25, 44:25 imposing [1] - 16:4 impossible [1] - 12:2 inaudible [1] - 47:9 Inc [1] - 1:14 inches [2] - 30:21 include [1] - 63:3 inconsistencies [1] - 39:5 independent [2] - 20:13, 46:6 indicated [1] - 38:4 indicates [1] - 88:11 indicating) [1] - 31:12 individual [2] - 10:13, 63:20 industry [3] - 40:1, 40:21, 41:7 infiltration [1] - 61:16 inform [1] - 49:16 informed [1] - 29:21 inherited [1] - 91:17 initial [5] - 25:20, 27:1, 48:24, 51:23, 71:12 initials [1] - 71:18 input [1] - 73:19 inside [5] - 60:1, 61:3, 71:7, 73:1, 74:25 inspect [1] - 59:17 inspection [4] - 11:6, 11:13, 56:6, 61:13 inspections [1] - 20:14 install [1] - 62:11 instead [1] - 44:5 insulation [2] - 30:24, 81:22 intact [1] - 82:21 interior [1] - 46:6 International [1] - 53:3 introduce [3] - 12:17, 38:9, 57:18 investor [2] - 23:18, 34:19 involves [1] - 59:9 IPMC [4] - 53:1, 53:2, 53:13 IRIZARRY [78] - 1:14, 12:19, 12:23, 13:1, 13:6, 13:14, 13:20, 13:25, 14:6, 14:11, 14:14, 14:18, 14:24, 15:4, 15:8, 15:11, 15:18, 15:24, 16:3, 16:8, 16:11, 16:14, 16:20, 16:24, 17:4, 17:9, 17:13, 17:18, 17:21, 18:10, 18:13, 18:20, 18:24, 19:6, 19:10, 19:16, 19:20, 20:3, 20:6, 21:6, 21:12, 21:15, 21:20, 21:25, 22:4, 22:6, 22:11, 22:16, 22:20, 23:3, 23:8, 23:12, 23:17, 24:2, 24:5, 24:18, 24:24, 25:3, 25:8, 25:14, 25:18, 25:20, 25:25, 26:4, 26:6, 26:11, 26:14, 26:16, 26:22, 26:25, 27:5, 27:11, 27:13, 27:20, 27:25, 28:4, 28:10, 28:14 Irizarry [7] - 12:14, 12:16, 12:20, 28:20, 28:24, 32:22, 38:1 issuance [3] - 16:9, 23:22, 48:9 issue [10] - 7:19, 9:1, 12:7, 42:3, 49:13, 69:12, 86:10, 86:14, 88:19, 88:22 issued [17] - 11:6, 11:7, 11:9, 14:16, 15:2, 15:12, 16:6, 17:14, 17:17, 19:21, 24:19, 25:21, 26:17, 30:2, 47:13, 53:8, 53:11 issues [2] - 82:11, 82:13 issuing [1] - 14:1 itself [4] - 47:23, 64:22, 79:1, 88:23 J Jacksonville [1] - 21:16 January [4] - 15:13, 18:14, 19:2, 24:19 Jeb [3] - 1:7, 3:8, 5:21 job [3] - 55:7, 59:9, 75:5 jobs [1] - 59:5 John [1] - 7:12 JOHN [1] - 1:13 Johns [4] - 38:19, 38:21, 38:24, 41:10 joists [5] - 71:6, 75:12, 75:18, 75:19, 76:8 judge [1] - 9:23 Judge [3] - 9:8, 41:19, 85:1 July [1] - 24:22 June [3] - 24:21, 30:6, 87:25 K keep [3] - 33:9, 34:2, 36:3 keeping [1] - 68:10 kick [1] - 72:23 Kimley [2] - 59:4 Kimley-Horne [1] - 59:4 kind [12] - 53:15, 60:5, 60:22, 61:1, 64:10, 73:4, 73:25, 74:20, 75:5, 85:13, 91:8, 92:7 kinds [1] - 35:3 kitchen [1] - 75:20 knock [1] - 47:19 KOZLOWSKI [18] - 1:15, 4:8, 4:11, 4:14, 4:17, 38:2, 57:13, 79:22, 85:6, 85:8, 85:13, 85:18, 85:20, 85:24, 86:6, 86:8, 86:23, 87:4 Kozlowski [3] - 4:14, 85:12, 85:18 L labeled [1] - 61:7 lack [1] - 34:3 land [1] - 59:5 larger [1] - 56:21 Laserfiche [1] - 43:17 last [9] - 9:11, 10:20, 27:12, 35:21, 36:18, 43:4, 43:6, 66:17, 87:23 late [1] - 40:9 lateral [7] - 44:23, 62:24, 64:1, 67:5, 67:6, 68:11, 68:15 law [2] - 88:5, 90:25 laws [2] - 3:16, 3:18 lawyer [2] - 91:13, 91:21 laying [1] - 43:3 leak [1] - 42:16 leaked [1] - 42:20 least [4] - 20:19, 75:19, 84:10, 84:24 leave [8] - 41:6, 47:20, 54:23, 55:10, 66:8, 83:3, 83:7, 90:18 leaving [1] - 44:9 left [4] - 60:20, 65:21, 68:19, 70:3 length [1] - 64:11 less [10] - 32:5, 45:2, 51:10, 57:2, 57:3, 64:10, 66:20, 66:22, 66:23, 67:17 letter [14] - 48:20, 49:3, 49:5, 49:8, 49:24, 50:5, 52:3, 52:10, 52:13, 52:22, 53:24, 54:9 level [4] - 64:5, 64:6, 66:7 levels [2] - 60:3, 72:23 Lewis [2] - 1:13, 7:12 license [3] - 39:1, 40:9, 58:10 life [2] - 9:3, 81:6 Lighthouse [1] - 1:15 likely [2] - 3:21, 79:4 limit [1] - 33:14 limited [1] - 63:4 line [2] - 46:19, 68:7 listed [1] - 17:20 live [3] - 8:16, 67:17, 92:10 live-streamed [1] - 8:16 living [2] - 57:23, 73:1 load [11] - 13:8, 46:6, 46:8, 50:12, 64:7, 67:6, 67:10, 69:8, 78:5, 78:14, 79:9 load-bearing [3] - 13:8, 46:6, 46:8 loading [1] - 63:1 loads [10] - 44:23, 44:24, 45:2, 45:3, 50:12, 59:10, 59:14, 64:4, 67:17, 74:12 local [1] - 59:15 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville , FL 32203(904) 821-0300 6 locate [1] - 43:13 located [1] - 8:22 location [1] - 67:21 lodging [1] - 82:19 Longman [2] - 1:13, 7:12 look [13] - 13:11, 25:12, 28:1, 33:19, 36:14, 41:21, 42:23, 45:5, 47:3, 48:1, 51:16, 77:5, 89:19 looked [1] - 59:22 looking [3] - 45:14, 47:21, 74:7 lose [1] - 8:13 lost [1] - 51:10 love [2] - 83:17, 86:19 M MAGISTRATE [98] - 1:3, 3:3, 4:6, 4:10, 4:12, 4:15, 4:18, 4:23, 5:8, 5:15, 5:17, 5:20, 5:24, 6:7, 6:10, 6:14, 6:18, 6:23, 7:15, 9:12, 10:1, 28:16, 28:19, 28:22, 29:3, 29:6, 29:9, 30:13, 32:1, 32:12, 32:24, 33:3, 33:18, 34:6, 34:14, 34:23, 35:6, 36:8, 36:10, 36:13, 36:19, 36:23, 37:6, 37:15, 38:3, 41:20, 54:7, 54:14, 54:19, 55:9, 55:12, 55:20, 55:24, 56:4, 56:7, 56:10, 56:13, 56:22, 57:6, 57:11, 77:3, 77:8, 77:12, 77:18, 77:25, 78:4, 78:11, 78:21, 79:6, 79:12, 79:14, 79:20, 79:24, 80:2, 80:4, 80:10, 80:16, 80:20, 82:9, 82:25, 83:3, 83:7, 83:12, 83:15, 83:25, 85:2, 85:7, 85:9, 85:16, 85:19, 85:22, 85:25, 86:7, 86:17, 86:24, 87:5, 87:8, 87:11 magistrate [2] - 3:9, 22:18 Magistrate [3] - 1:8, 3:4, 5:22 mail [1] - 52:19 Mail [1] - 52:21 mailed [1] - 52:19 ATTACHMENT B October 31, 2019 Minutes Page 36 of 42 Agenda Item #2.A. 05 Mar 2020 Page 38 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 31 of 36 sheets Page 7 to 7 of 12 11/26/2019 11:46:36 AM maintain [1] - 89:7 maintained [1] - 17:25 Maintenance [1] - 53:3 maintenance [2] - 53:5, 89:9 majority [1] - 81:19 manhole [1] - 29:23 manhole-size [1] - 29:23 Manning [2] - 59:3, 59:7 March [1] - 20:3 marked [22] - 15:6, 16:7, 16:10, 18:9, 18:18, 19:8, 19:12, 21:22, 23:5, 23:23, 26:8, 27:2, 27:3, 27:15, 41:18, 47:2, 48:16, 48:25, 51:14, 53:24, 71:16, 77:1 matter [6] - 3:25, 6:8, 8:21, 61:21, 74:13, 78:2 maximum [1] - 57:5 mean [11] - 47:10, 72:20, 73:22, 74:1, 74:6, 74:12, 76:24, 78:1, 81:20, 83:4, 90:8 means [1] - 76:11 mediate [1] - 86:20 meet [1] - 79:8 meeting [4] - 3:10, 3:14, 8:15, 8:20 member [1] - 5:16 MEMBER [1] - 5:19 MEMBERS [4] - 4:5, 4:22, 5:7, 5:13 members [1] - 10:3 memo [3] - 19:20, 42:3, 42:6 memorandum [3] - 21:4, 41:22, 41:25 mentioned [3] - 37:11, 44:11, 75:10 met [1] - 49:5 methods [2] - 79:4, 81:3 mid [1] - 11:8 middle [6] - 10:15, 13:9, 31:16, 33:23, 36:5, 46:20 might [3] - 36:24, 72:16, 72:17 miles [3] - 51:10, 56:25, 57:5 minutes [2] - 33:2, 60:23 mirror [1] - 31:9 missed [1] - 8:12 missing [2] - 69:16, 70:3 moisture [1] - 20:17 moment [12] - 14:22, 15:23, 17:7, 18:19, 19:14, 21:24, 23:6, 26:10, 27:18, 41:19, 49:21, 76:20 money [2] - 11:23, 74:16 months [3] - 36:18, 75:6, 89:16 morning [2] - 3:3, 4:1 Mortgage [4] - 2:6, 4:3, 4:7, 54:1 mortgage [1] - 4:8 most [5] - 43:1, 43:25, 71:6, 81:6, 81:11 mouse [1] - 70:9 move [7] - 24:13, 66:11, 72:12, 76:23, 84:14, 84:20, 84:24 MR [392] - 5:23, 6:6, 6:9, 6:13, 6:16, 6:22, 7:12, 9:8, 9:13, 9:17, 9:19, 10:4, 12:17, 12:21, 12:24, 13:2, 13:10, 13:17, 13:21, 14:3, 14:7, 14:12, 14:15, 14:19, 15:1, 15:5, 15:9, 15:16, 15:20, 16:1, 16:5, 16:9, 16:13, 16:19, 16:21, 17:1, 17:5, 17:11, 17:16, 17:19, 18:8, 18:11, 18:17, 18:22, 19:3, 19:7, 19:11, 19:18, 20:1, 20:4, 21:4, 21:7, 21:14, 21:17, 21:21, 22:2, 22:5, 22:9, 22:12, 22:17, 22:25, 23:4, 23:10, 23:15, 23:22, 24:3, 24:15, 24:23, 24:25, 25:6, 25:9, 25:16, 25:19, 25:23, 26:1, 26:5, 26:7, 26:13, 26:15, 26:20, 26:23, 27:1, 27:8, 27:12, 27:14, 27:22, 28:1, 28:7, 28:11, 28:15, 28:18, 28:21, 29:2, 29:5, 29:13, 30:14, 32:3, 32:4, 32:23, 33:2, 33:17, 33:19, 34:3, 34:12, 34:16, 34:21, 35:5, 35:7, 36:9, 36:12, 36:17, 36:21, 36:25, 37:8, 38:6, 38:9, 38:11, 38:13, 38:15, 38:16, 38:18, 38:20, 38:22, 38:23, 38:25, 39:8, 39:11, 39:14, 39:17, 39:22, 39:24, 39:25, 40:2, 40:6, 40:8, 40:10, 40:12, 40:13, 40:15, 40:17, 40:18, 40:20, 40:22, 41:1, 41:4, 41:5, 41:10, 41:12, 41:15, 41:16, 41:21, 41:24, 42:2, 42:4, 42:8, 42:10, 42:11, 42:14, 43:4, 43:6, 43:8, 43:11, 43:13, 43:15, 43:18, 43:21, 43:22, 43:25, 44:11, 44:14, 44:15, 44:16, 44:17, 44:19, 45:4, 45:9, 45:13, 45:16, 45:17, 45:22, 46:5, 46:7, 46:9, 46:13, 46:22, 46:25, 47:1, 47:4, 47:7, 47:9, 47:11, 47:14, 47:15, 47:18, 47:25, 48:2, 48:5, 48:6, 48:7, 48:10, 48:11, 48:14, 48:15, 48:19, 48:23, 49:1, 49:2, 49:4, 49:9, 49:11, 49:12, 49:14, 49:19, 49:23, 50:1, 50:3, 50:4, 50:6, 50:14, 50:18, 50:21, 50:25, 51:2, 51:5, 51:13, 51:18, 51:21, 51:24, 52:2, 52:5, 52:12, 52:14, 52:15, 52:17, 52:18, 52:20, 52:24, 53:2, 53:9, 53:14, 53:15, 53:22, 53:23, 54:2, 54:5, 54:13, 54:18, 54:25, 55:11, 55:15, 55:23, 56:3, 56:5, 56:9, 56:12, 56:16, 57:1, 57:10, 57:14, 57:15, 57:18, 57:20, 57:22, 57:24, 57:25, 58:3, 58:5, 58:6, 58:7, 58:9, 58:11, 58:13, 58:21, 58:23, 58:25, 59:2, 59:8, 59:13, 59:16, 59:18, 59:19, 59:21, 59:25, 60:2, 60:13, 60:16, 61:6, 61:9, 61:10, 61:12, 63:6, 63:9, 63:10, 63:15, 63:16, 63:17, 64:16, 64:22, 65:5, 65:11, 65:12, 65:16, 65:24, 66:1, 66:13, 66:16, 68:14, 68:17, 68:18, 68:21, 69:2, 69:6, 69:7, 69:9, 69:10, 69:14, 69:22, 69:25, 70:1, 70:8, 70:11, 70:15, 70:16, 70:19, 71:10, 71:14, 71:15, 71:23, 72:4, 72:6, 72:7, 72:11, 72:14, 72:19, 73:16, 73:18, 74:14, 74:19, 75:10, 75:15, 76:2, 76:6, 76:16, 76:18, 76:20, 76:22, 77:6, 77:10, 77:17, 77:23, 78:1, 78:8, 78:15, 78:23, 79:10, 79:11, 79:13, 79:19, 79:23, 79:25, 80:3, 80:8, 80:12, 80:19, 80:22, 80:24, 81:1, 81:2, 81:5, 82:1, 82:5, 82:7, 82:20, 83:2, 83:6, 83:10, 83:14, 83:23, 84:1, 84:4, 84:5, 84:8, 84:10, 84:12, 84:17, 84:19, 84:22, 84:23, 85:1, 85:11, 87:7, 87:10 MS [94] - 4:8, 4:11, 4:14, 4:17, 12:19, 12:23, 13:1, 13:6, 13:14, 13:20, 13:25, 14:6, 14:11, 14:14, 14:18, 14:24, 15:4, 15:8, 15:11, 15:18, 15:24, 16:3, 16:8, 16:11, 16:14, 16:20, 16:24, 17:4, 17:9, 17:13, 17:18, 17:21, 18:10, 18:13, 18:20, 18:24, 19:6, 19:10, 19:16, 19:20, 20:3, 20:6, 21:6, 21:12, 21:15, 21:20, 21:25, 22:4, 22:6, 22:11, 22:16, 22:20, 23:3, 23:8, 23:12, 23:17, 24:2, 24:5, 24:18, 24:24, 25:3, 25:8, 25:14, 25:18, 25:20, 25:25, 26:4, 26:6, 26:11, 26:14, 26:16, 26:22, 26:25, 27:5, 27:11, 27:13, 27:20, 27:25, 28:4, 28:10, 28:14, 38:2, 57:13, Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville , FL 32203(904) 821-0300 7 79:22, 85:6, 85:8, 85:13, 85:18, 85:20, 85:24, 86:6, 86:8, 86:23, 87:4 multi [1] - 31:3 multi-property [1] - 31:3 multifamily [1] - 40:13 must [3] - 8:10, 20:19, 75:21 N NAME [1] - 2:6 name [9] - 3:8, 4:13, 5:21, 7:11, 12:20, 25:6, 29:10, 57:20, 85:17 narrow [5] - 44:21, 63:12, 64:24, 86:25 narrower [1] - 45:1 narrowest [1] - 45:15 nature [2] - 11:14, 59:12 navigate [1] - 91:20 near [1] - 60:3 necessary [5] - 34:5, 59:11, 88:6, 88:24, 91:6 need [15] - 5:3, 8:18, 32:25, 58:18, 64:11, 64:14, 65:17, 65:25, 73:3, 74:10, 80:9, 82:17, 83:1, 83:5, 89:20 needed [2] - 19:25, 20:23 needs [2] - 68:25, 79:4 neighborhood [1] - 31:11 Neptune [1] - 40:3 never [1] - 57:3 new [7] - 43:12, 48:16, 58:16, 67:19, 67:20, 91:4, 91:9 newly [1] - 20:23 next [4] - 38:5, 71:9, 71:18, 87:25 night [1] - 9:11 NO [1] - 2:5 none [1] - 91:6 nonengineer [1] - 70:6 nor'easter [1] - 50:23 nor'easters [1] - 88:3 north [4] - 51:8, 63:24, 75:19, 76:7 northeast [4] - 61:18, 61:22, 61:24, 67:24 northern [1] - 31:19 ATTACHMENT B October 31, 2019 Minutes Page 37 of 42 Agenda Item #2.A. 05 Mar 2020 Page 39 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11/26/2019 11:46:36 AM Page 8 to 8 of 12 32 of 36 sheets note [1] - 43:23 notes [1] - 93:11 nothing [13] - 5:11, 6:20, 28:15, 30:1, 30:4, 32:23, 36:21, 37:5, 54:5, 76:22, 82:8, 85:1, 86:4 Notice [10] - 13:2, 14:16, 15:1, 15:5, 16:7, 17:2, 17:13, 17:17, 18:8, 91:11 notice [3] - 22:6, 22:18, 45:19 noticed [3] - 22:21, 45:22, 51:4 notified [1] - 24:6 notwithstanding [1] - 69:2 November [4] - 16:17, 16:19, 16:24, 93:15 nuisance [3] - 18:7, 88:5, 89:1 Number [1] - 68:3 number [1] - 14:9 numbered [2] - 9:19, 9:20 numbers [4] - 9:22, 73:13, 73:15, 78:18 nutshell [1] - 29:25 O oath [2] - 5:1, 85:21 object [4] - 32:6, 32:13, 32:16, 34:3 objection [2] - 32:13, 34:21 obligation [1] - 88:25 observations [1] - 53:18 obvious [1] - 70:2 obviously [3] - 10:8, 87:18, 88:13 occupancy [1] - 17:22 Occupancy [1] - 53:10 occupants [1] - 9:4 occupied [1] - 71:22 occupying [1] - 54:20 occurred [2] - 24:12, 27:5 October [15] - 1:7, 3:1, 3:6, 26:18, 27:13, 27:25, 28:6, 28:8, 28:13, 43:7, 48:6, 49:24, 52:2, 54:9, 87:23 OF [4] - 1:1, 93:1, 93:3, 93:4 offer [1] - 86:16 Officer [1] - 1:14 officer [6] - 12:14, 12:22, 41:25, 42:5, 52:23, 54:3 official [7] - 19:22, 38:12, 38:14, 39:15, 39:17, 39:18, 40:3 Official [1] - 1:13 on-site [1] - 20:14 once [4] - 24:12, 36:7, 53:9, 72:12 one [29] - 7:2, 13:1, 20:8, 20:15, 28:4, 30:25, 31:3, 31:11, 31:13, 31:15, 32:5, 41:19, 42:23, 44:8, 44:9, 46:1, 46:3, 46:14, 47:22, 50:13, 53:23, 55:4, 69:6, 76:20, 81:16, 82:11, 83:24, 84:10, 91:21 one-half [3] - 20:8, 20:15, 50:13 one-hour [2] - 46:1, 46:3 one-third [3] - 31:15, 44:8, 44:9 ones [1] - 64:1 ongoing [1] - 29:16 open [2] - 66:3, 82:20 opinion [19] - 19:23, 34:5, 53:16, 54:20, 55:1, 55:13, 56:3, 56:7, 56:14, 60:13, 60:18, 61:5, 64:19, 65:5, 65:8, 65:12, 65:24, 69:4, 78:15 opinions [2] - 32:8, 35:3 opportunity [9] - 7:4, 7:6, 28:24, 32:20, 33:7, 33:13, 37:12, 37:19, 59:16 option [1] - 83:20 options [1] - 66:4 oral [1] - 82:1 order [36] - 3:4, 5:3, 8:6, 8:11, 9:9, 12:5, 12:7, 15:11, 16:3, 16:5, 16:10, 16:12, 16:14, 16:17, 17:1, 18:25, 19:3, 19:8, 23:13, 23:23, 24:7, 32:4, 54:11, 54:15, 62:12, 77:6, 86:20, 87:1, 88:6, 88:15, 88:19, 89:17, 89:18, 89:20, 90:15, 90:21 ordered [3] - 19:8, 22:14, 88:8 ordering [1] - 22:7 Ordinances [2] - 3:16, 6:4 ordinances [1] - 59:15 original [6] - 42:14, 43:11, 43:14, 43:15, 50:13, 68:5 outcome [2] - 15:9, 18:11 outer [1] - 31:22 outside [4] - 8:19, 8:20, 31:23, 77:18 outstanding [1] - 24:7 overall [1] - 18:7 overhangs [1] - 44:8 overlapped [1] - 75:23 overlooked [1] - 91:8 overview [2] - 9:23, 10:2 own [8] - 37:22, 56:17, 81:7, 84:1, 84:5, 84:8, 90:1, 90:4 owned [8] - 8:25, 10:10, 13:19, 29:17, 46:14, 46:17, 46:20, 58:21 owner [8] - 10:10, 14:5, 15:16, 46:18, 57:21, 89:10, 89:14, 91:16 owners [2] - 75:6, 88:8 ownership [5] - 10:7, 13:15, 14:1, 24:10, 69:4 ownerships [1] - 46:24 owning [1] - 29:20 owns [1] - 30:5 P packet [16] - 13:13, 13:24, 14:21, 15:22, 17:7, 19:14, 21:23, 23:7, 25:11, 26:9, 27:24, 48:18, 49:21, 51:16, 71:16, 71:17 page [3] - 27:23, 52:24 Page [6] - 13:13, 13:24, 19:13, 51:15, 66:17, 71:16 pages [1] - 28:2 Pages [9] - 14:20, 17:6, 21:23, 23:7, 25:10, 26:9, 27:16, 48:17, 49:20 paint [1] - 18:2 pardon [3] - 27:9, 41:19, 80:12 parks [1] - 59:23 part [12] - 31:6, 31:16, 31:17, 33:15, 34:11, 36:5, 51:20, 51:22, 58:19, 68:10, 70:19 particular [1] - 78:18 particularly [1] - 10:2 parties [3] - 3:25, 7:22, 86:20 party [2] - 8:2, 32:15 pass [2] - 65:4, 78:13 passed [3] - 11:10, 39:20, 56:5 passes [1] - 78:5 past [1] - 20:18 path [1] - 49:15 pause [1] - 76:21 people [4] - 10:8, 30:19, 91:24, 92:3 per [4] - 15:15, 18:16, 19:1, 56:25 percent [14] - 55:25, 58:13, 58:15, 58:16, 58:17, 67:9, 67:12, 67:14, 67:17, 68:1, 68:2, 68:11, 68:23, 68:24 perform [2] - 11:4, 25:1 performed [3] - 11:5, 72:10 perhaps [1] - 87:25 period [1] - 61:17 permanently [2] - 83:4, 83:8 permit [2] - 53:7, 90:3 permitted [1] - 66:25 person [5] - 46:14, 46:16, 46:17, 46:21, 84:14 personal [1] - 53:18 personally [1] - 54:4 perspective [1] - 46:10 peruses [1] - 79:14 phone [2] - 8:16, 52:9 photo [7] - 27:23, 28:4, 45:8, 45:13, 51:19, 68:19, 70:2 photograph [2] - 51:17, 52:1 photographs [1] - 28:9 photos [3] - 27:16, 28:7, 70:14 physical [1] - 59:20 physically [2] - 62:7, 65:13 pick [1] - 64:7 picture [5] - 45:6, 51:11, 70:9, 70:25, Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville , FL 32203(904) 821-0300 8 75:18 pictures [1] - 70:20 piece [1] - 71:4 place [5] - 29:17, 35:17, 35:22, 60:10, 65:21 placed [1] - 71:18 plan [7] - 4:15, 6:5, 44:6, 72:1, 74:5, 89:20, 90:6 planning [4] - 4:19, 4:25, 5:5, 65:19 plans [22] - 38:18, 38:24, 38:25, 39:2, 39:4, 39:7, 39:9, 39:10, 39:23, 41:8, 43:9, 43:11, 43:14, 43:15, 43:23, 45:18, 47:22, 48:21, 53:19, 62:13, 75:16, 90:14 podium [8] - 12:16, 29:7, 29:8, 38:8, 57:17, 80:21, 80:23, 85:12 Poinsettia [55] - 2:7, 8:23, 10:6, 10:21, 10:23, 11:15, 11:18, 13:4, 13:5, 13:19, 14:1, 14:5, 14:8, 14:12, 15:3, 15:17, 19:24, 20:7, 20:15, 20:22, 22:8, 22:15, 24:1, 24:16, 25:2, 25:22, 26:19, 27:10, 28:12, 29:14, 42:9, 42:13, 43:5, 43:10, 43:20, 43:24, 44:12, 45:18, 47:16, 48:13, 50:16, 51:3, 53:17, 56:1, 59:17, 60:1, 60:14, 62:10, 64:20, 65:6, 65:14, 65:15, 69:3, 71:20, 71:22 point [19] - 20:18, 24:25, 31:7, 32:18, 35:7, 35:20, 41:6, 42:17, 42:23, 50:10, 53:11, 53:23, 66:10, 68:8, 70:10, 74:14, 84:17, 87:21, 88:25 points [1] - 32:4 ponder [1] - 83:19 pops [1] - 73:25 portal [2] - 64:25, 74:9 portion [3] - 71:8, 71:9, 87:13 poses [1] - 87:20 position [2] - 62:19, 91:22 possible [4] - 30:7, ATTACHMENT B October 31, 2019 Minutes Page 38 of 42 Agenda Item #2.A. 05 Mar 2020 Page 40 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 33 of 36 sheets Page 9 to 9 of 12 11/26/2019 11:46:36 AM 62:7, 65:13, 88:11 posted [1] - 52:10 posts [1] - 73:10 potential [1] - 62:1 potentially [1] - 11:17 pour [1] - 73:11 precise [3] - 8:21, 64:18, 72:15 predamaged [3] - 67:1, 67:9, 67:15 premises [2] - 54:12, 59:20 preponderance [1] - 3:20 PRESENT [1] - 1:12 present [5] - 4:4, 4:7, 7:1, 28:9, 59:19 presentation [1] - 9:16 presenting [1] - 7:13 preserve [2] - 34:13, 88:12 presiding [1] - 3:9 pretty [2] - 6:24, 86:18 prevent [2] - 81:23, 81:25 previously [2] - 41:17, 47:2 primarily [1] - 87:15 principle [1] - 63:11 problem [13] - 11:22, 29:17, 42:14, 42:15, 74:16, 75:5, 76:15, 82:22, 87:17, 89:5, 90:1, 90:10, 92:2 problems [1] - 91:18 procedures [1] - 3:12 proceed [3] - 12:11, 15:6, 90:11 proceeding [2] - 5:4, 7:23 proceedings [8] - 1:6, 3:24, 5:16, 6:25, 14:9, 76:21, 92:13, 93:9 process [3] - 55:4, 56:18, 71:22 Professional [2] - 93:7, 93:19 professional [2] - 58:8, 58:10 progression [1] - 42:12 projected [1] - 45:6 projector [2] - 45:14, 68:20 prompted [2] - 42:2, 49:12 proof [1] - 3:24 properties [1] - 53:20 property [38] - 16:4, 17:24, 18:1, 22:8, 22:21, 22:23, 22:24, 23:13, 23:18, 23:20, 24:6, 24:7, 24:11, 29:21, 29:25, 31:3, 46:19, 46:23, 49:6, 49:18, 53:5, 59:21, 60:12, 62:18, 82:22, 84:3, 89:8, 89:10, 89:14, 89:22, 90:2, 90:7, 90:15, 90:19, 90:21, 91:15, 91:16 Property [1] - 53:3 protected [1] - 20:22 protects [1] - 18:2 protractive [1] - 18:1 provide [4] - 7:17, 37:12, 62:21, 71:24 provides [1] - 69:7 provisions [2] - 19:4, 52:25 pull [2] - 61:25, 76:10 pulling [1] - 76:5 purchase [2] - 23:19 purchasing [1] - 86:13 purpose [3] - 36:15, 62:9, 67:20 put [11] - 7:5, 68:8, 72:20, 72:25, 73:9, 74:8, 80:6, 83:13, 85:5, 90:23 Q quadriplex [1] - 31:4 qualifications [2] - 34:9, 35:2 qualified [1] - 62:8 quantify [2] - 76:11, 76:14 questioning [1] - 77:9 questions [23] - 21:2, 28:20, 28:25, 29:11, 32:22, 33:15, 34:10, 35:1, 36:11, 37:7, 37:20, 37:25, 38:4, 54:8, 57:7, 57:8, 57:11, 77:13, 79:17, 79:21, 80:14, 80:17, 82:10 quick [1] - 77:7 quickly [3] - 21:8, 85:16, 91:1 quite [2] - 65:20, 74:4 R rain [1] - 88:2 rainwater [1] - 61:16 raise [5] - 4:20, 5:6, 6:14, 85:22, 85:24 rated [1] - 20:12 rattled [1] - 74:1 reach [1] - 66:10 reached [2] - 61:14, 92:9 read [5] - 20:4, 29:15, 42:1, 61:10, 68:6 readily [1] - 70:5 reads [1] - 66:19 ready [1] - 83:1 real [5] - 34:19, 77:7, 85:16, 88:14, 88:22 realize [1] - 30:1 really [5] - 58:24, 70:25, 81:23, 87:15, 89:13 Realty [1] - 1:15 reasons [1] - 30:12 rebuilding [1] - 55:6 rebuilt [2] - 65:18, 65:19 Receipt [1] - 52:21 receive [8] - 26:1, 26:2, 26:5, 26:20, 26:23, 47:11, 48:7, 58:1 receiving [1] - 52:15 recent [2] - 51:19, 51:20 recently [2] - 36:14, 36:17 recognize [3] - 22:2, 25:16, 26:13 recommend [2] - 91:14, 91:20 recommendation [1] - 62:17 reconstruction [1] - 65:22 record [16] - 4:13, 8:24, 16:22, 19:21, 20:5, 29:10, 34:17, 43:17, 61:11, 66:14, 71:10, 71:15, 76:24, 76:25, 85:17, 93:10 recorded [2] - 8:15, 24:22 records [1] - 21:10 rectangle [1] - 44:6 rectangles [1] - 44:4 reduced [3] - 23:16, 67:8, 67:14 reduces [1] - 50:12 reducing [1] - 23:13 refer [2] - 30:22, 54:2 references [1] - 52:25 referencing [2] - 45:6, 45:9 referring [6] - 9:15, 9:22, 39:9, 45:25, 51:23, 66:14 reflect [1] - 28:11 refrigerator [2] - 60:10, 69:17 regard [1] - 13:3 regarding [4] - 19:21, 20:12, 25:22, 26:18 regardless [1] - 71:19 regards [1] - 86:13 Regina [2] - 4:14, 85:18 REGINA [1] - 1:15 registered [1] - 58:7 rehabbed [1] - 58:19 rehearing [4] - 8:4, 8:8, 91:4 reinforce [2] - 62:23, 66:6 reinforcement [2] - 64:20, 65:8 reinforcing [1] - 65:15 related [2] - 48:12, 82:14 relatively [1] - 10:11 relaxed [1] - 34:22 relied [2] - 13:18, 14:4 relies [1] - 69:8 remainder [1] - 44:9 remaining [2] - 62:25, 67:15 remember [3] - 78:8, 90:23, 91:3 remind [1] - 8:14 render [2] - 32:8, 34:5 renovated [1] - 84:13 renovating [2] - 81:6, 84:15 renovations [1] - 58:17 rent [1] - 84:16 rented [1] - 46:15 repair [4] - 20:19, 66:18, 71:19, 71:20 repairable [1] - 19:24 repaired [1] - 68:4 repairs [5] - 15:13, 19:7, 19:8, 23:20, 66:22 replacement [1] - 67:25 report [33] - 11:7, 11:9, 11:13, 25:20, 25:24, 26:3, 26:16, 27:2, 27:3, 30:9, 30:23, 31:7, 47:6, 47:12, 47:15, 48:4, 48:8, 48:11, 48:24, 49:7, 49:8, 52:8, Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville , FL 32203(904) 821-0300 9 52:11, 61:6, 61:8, 62:9, 69:11, 69:13, 69:15, 69:16, 82:4, 91:5 REPORTER [1] - 93:1 Reporter [2] - 93:8, 93:19 reports [1] - 53:20 representative [1] - 4:6 representatives [1] - 23:24 request [2] - 8:4, 8:7 Requested [1] - 52:21 requested [1] - 69:14 require [4] - 46:1, 46:2, 83:16, 92:8 required [3] - 45:24, 63:1, 67:18 requirement [1] - 68:3 requirements [1] - 59:11 requires [2] - 67:25, 88:21 requiring [3] - 12:6, 12:8, 12:9 reserve [2] - 37:9, 37:13 reserved [1] - 80:15 residence [7] - 61:15, 61:20, 61:23, 62:9, 62:10, 62:11, 68:1 resident [1] - 61:20 residential [3] - 39:3, 58:15, 58:16 residents [1] - 89:1 resist [2] - 45:3, 50:11 resistance [2] - 20:12, 69:8 resisted [1] - 44:25 resisting [5] - 62:24, 64:1, 67:5, 68:12, 68:15 resolve [1] - 86:9 respect [1] - 67:16 Respond [1] - 5:13 respondents [2] - 7:3, 7:9 response [1] - 4:5 rest [2] - 28:5, 68:6 restored [1] - 66:25 rests [1] - 80:3 resulting [1] - 61:25 Return [1] - 52:21 review [19] - 13:22, 14:22, 15:23, 17:8, 18:19, 19:15, 21:24, 22:23, 23:6, 26:10, 27:18, 39:4, 39:22, 43:8, 45:17, 48:18, ATTACHMENT B October 31, 2019 Minutes Page 39 of 42 Agenda Item #2.A. 05 Mar 2020 Page 41 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11/26/2019 11:46:36 AM Page 10 to 10 of 12 34 of 36 sheets 49:22, 53:19, 72:2 reviewed [3] - 39:2, 48:24, 53:21 reviewer [1] - 41:9 reviewing [3] - 47:21, 48:21, 71:12 rights [4] - 8:3, 8:13, 91:15, 91:23 ringer [1] - 8:18 Road [1] - 1:9 rods [1] - 74:10 roof [14] - 18:5, 20:17, 29:22, 29:23, 42:15, 42:16, 42:17, 42:19, 42:25, 46:4, 51:7, 61:16, 67:13 room [1] - 73:1 rot [2] - 42:19, 61:18 rotted [3] - 18:4, 42:16, 42:20 rotten [2] - 18:4 rotting [1] - 42:20 Rules [1] - 7:25 run [7] - 64:12, 72:15, 72:22, 73:12, 73:14, 75:19, 78:18 running [3] - 5:25, 64:18, 72:24 S safe [2] - 60:6, 71:21 safety [2] - 47:16, 54:20 sale [1] - 23:2 Salt [2] - 31:10, 81:9 saved [1] - 62:20 saving [1] - 62:14 saw [2] - 42:6, 42:7 scaffolding [1] - 73:5 scattered [2] - 30:22, 81:21 school [1] - 58:5 science [1] - 58:3 scientific [1] - 32:7 scope [3] - 62:16, 86:19, 86:25 Scott [5] - 15:18, 15:19, 17:18, 22:7, 22:20 sealing [1] - 55:6 season [1] - 49:14 second [17] - 31:23, 32:2, 32:18, 42:21, 43:2, 48:3, 52:7, 52:24, 60:3, 60:11, 64:5, 66:12, 69:11, 69:12, 69:18, 69:23 section [2] - 51:10, 81:8 see [13] - 42:24, 60:20, 63:18, 70:2, 70:17, 70:20, 70:25, 71:5, 71:13, 72:1, 74:23, 75:9, 75:17 seeing [1] - 45:8 seek [1] - 91:3 seeping [1] - 61:16 self [1] - 45:23 self-supporting [1] - 45:23 Seminole [1] - 1:9 send [2] - 39:5, 54:4 sense [1] - 33:16 sent [5] - 9:11, 22:7, 39:20, 52:23, 54:3 separate [3] - 46:24, 62:21, 69:4 separation [2] - 20:13, 81:21 series [1] - 27:16 serious [1] - 92:2 seriously [2] - 31:18, 36:6 served [2] - 7:22, 92:7 service [1] - 17:23 several [7] - 10:21, 30:19, 33:12, 34:17, 81:7, 81:16, 84:8 severe [2] - 10:22, 61:22 shall [1] - 66:25 share [2] - 10:18, 31:17 shared [13] - 13:7, 31:15, 33:22, 35:23, 62:1, 62:4, 62:23, 72:21, 74:22, 75:1, 75:22, 75:25, 76:4 shear [5] - 50:10, 63:4, 68:17, 68:18, 74:9 shore [5] - 12:1, 12:2, 12:11, 12:12, 90:4 shored [3] - 72:16, 72:17, 79:7 shoring [10] - 62:12, 65:20, 71:23, 72:1, 72:8, 72:9, 72:11, 73:10, 74:5, 74:7 short [5] - 44:25, 45:3, 45:5, 63:25, 91:9 shot [1] - 63:19 show [5] - 13:10, 25:9, 26:7, 41:16, 51:25 showing [2] - 32:7, 51:19 shows [1] - 51:11 sic [2] - 11:10, 66:21 side [42] - 10:17, 30:7, 30:8, 30:10, 30:11, 30:25, 31:1, 31:3, 31:8, 31:14, 31:18, 31:21, 31:25, 33:1, 33:6, 33:21, 33:25, 35:9, 35:23, 36:1, 36:7, 44:1, 44:24, 46:15, 46:20, 50:8, 51:8, 54:21, 54:22, 55:3, 60:12, 60:20, 70:4, 82:15, 82:21, 86:11, 89:7 sided [1] - 27:19 sides [2] - 46:18, 68:19 siding [1] - 18:4 significance [2] - 44:17, 46:10 significant [1] - 64:19 significantly [1] - 62:2 signs [1] - 70:4 similar [1] - 67:20 simply [2] - 12:4, 89:9 Simultaneous [1] - 47:8 single [4] - 10:10, 40:11, 40:18, 81:10 single-family [3] - 40:11, 40:18, 81:10 sit [5] - 37:18, 60:14, 75:22, 85:10, 87:5 site [2] - 20:14, 42:4 sits [1] - 78:6 sitting [5] - 73:8, 73:14, 75:25, 78:13, 87:23 situation [7] - 10:9, 11:23, 60:7, 82:13, 89:13, 91:15, 91:19 six [1] - 75:6 size [1] - 29:23 slab [1] - 20:20 slid [2] - 44:5, 44:7 slow [1] - 56:18 small [1] - 73:11 snowball [1] - 75:3 snowballs [1] - 75:5 soffit [1] - 18:5 solution [2] - 87:1, 92:8 solve [1] - 86:14 someone [2] - 23:19, 86:20 somewhere [1] - 84:18 soon [1] - 62:7 sorry [2] - 24:19, 84:4 sources [1] - 35:2 south [1] - 75:19 speaking [2] - 11:2, 47:8 SPECIAL [98] - 1:3, 3:3, 4:6, 4:10, 4:12, 4:15, 4:18, 4:23, 5:8, 5:15, 5:17, 5:20, 5:24, 6:7, 6:10, 6:14, 6:18, 6:23, 7:15, 9:12, 10:1, 28:16, 28:19, 28:22, 29:3, 29:6, 29:9, 30:13, 32:1, 32:12, 32:24, 33:3, 33:18, 34:6, 34:14, 34:23, 35:6, 36:8, 36:10, 36:13, 36:19, 36:23, 37:6, 37:15, 38:3, 41:20, 54:7, 54:14, 54:19, 55:9, 55:12, 55:20, 55:24, 56:4, 56:7, 56:10, 56:13, 56:22, 57:6, 57:11, 77:3, 77:8, 77:12, 77:18, 77:25, 78:4, 78:11, 78:21, 79:6, 79:12, 79:14, 79:20, 79:24, 80:2, 80:4, 80:10, 80:16, 80:20, 82:9, 82:25, 83:3, 83:7, 83:12, 83:15, 83:25, 85:2, 85:7, 85:9, 85:16, 85:19, 85:22, 85:25, 86:7, 86:17, 86:24, 87:5, 87:8, 87:11 special [3] - 3:8, 35:10, 35:13 Special [3] - 1:8, 3:4, 5:21 specialized [2] - 35:14, 35:18 specific [2] - 32:23, 36:15 specifically [3] - 51:15, 59:13, 67:24 specifics [1] - 37:1 spent [1] - 40:4 split [1] - 46:23 spot [1] - 83:13 spring [1] - 10:25 St [4] - 38:19, 38:21, 38:24, 41:10 stabilize [3] - 44:22, 62:12, 63:13 stage [1] - 6:25 stairs [3] - 17:23, 18:6, 60:4 stand [3] - 47:23, 48:13, 64:20 standard [3] - 44:6, 53:5, 84:15 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville , FL 32203(904) 821-0300 10 standards [4] - 30:17, 31:2, 53:12, 81:18 standing [4] - 31:24, 54:23, 55:10, 90:19 stands [1] - 53:1 start [3] - 29:4, 71:9, 74:25 started [6] - 6:1, 40:23, 41:10, 42:20, 72:12, 75:7 starts [1] - 75:3 state [14] - 4:12, 10:22, 23:25, 29:10, 32:25, 33:5, 50:9, 58:8, 60:18, 65:3, 66:8, 74:17, 85:16, 86:8 STATE [1] - 93:3 State [1] - 39:1 statement [1] - 68:7 Statute [1] - 6:3 Statutes [2] - 3:15, 83:16 stay [4] - 49:17, 72:3, 72:5, 72:9 stays [1] - 82:21 steel [3] - 64:25, 73:10 STELZMANN [43] - 5:23, 6:6, 6:9, 6:13, 6:16, 6:22, 9:17, 29:2, 29:5, 29:13, 30:14, 32:3, 32:23, 33:2, 33:17, 33:19, 34:16, 35:7, 36:9, 36:12, 36:17, 36:21, 36:25, 57:10, 79:19, 80:8, 80:19, 80:22, 81:1, 81:5, 82:5, 82:20, 83:2, 83:6, 83:10, 83:14, 84:4, 84:8, 84:12, 84:19, 84:23, 85:11, 87:10 Stelzmann [47] - 2:6, 4:2, 4:4, 5:18, 5:20, 8:25, 9:13, 9:21, 12:3, 12:6, 12:9, 13:16, 13:18, 28:23, 29:8, 29:14, 32:1, 32:15, 37:7, 44:3, 48:21, 49:3, 49:5, 49:25, 52:4, 52:5, 52:13, 52:19, 54:10, 57:8, 59:23, 62:17, 73:2, 73:21, 73:24, 79:17, 80:4, 80:14, 80:18, 80:23, 82:9, 85:10, 85:15, 87:9, 87:15, 88:15, 89:24 Stelzmann's [4] - 62:2, 62:15, 62:19, ATTACHMENT B October 31, 2019 Minutes Page 40 of 42 Agenda Item #2.A. 05 Mar 2020 Page 42 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 35 of 36 sheets Page 11 to 11 of 12 11/26/2019 11:46:36 AM 76:13 stenographic [1] - 93:11 step [1] - 8:19 steps [2] - 24:13, 88:18 still [13] - 12:3, 55:18, 60:9, 60:10, 69:17, 73:6, 73:8, 74:6, 74:8, 74:12, 79:3, 84:13 stop [1] - 32:2 stories [1] - 10:14 storm [1] - 51:12 story [5] - 10:12, 13:7, 20:10, 36:3, 67:4 streamed [1] - 8:16 street [1] - 84:9 Street [31] - 2:7, 8:23, 10:6, 13:4, 13:19, 14:5, 14:8, 15:3, 15:17, 20:7, 22:15, 24:1, 24:17, 25:2, 27:10, 28:12, 29:14, 42:9, 43:10, 43:20, 43:24, 44:12, 45:19, 47:17, 48:13, 50:16, 51:3, 53:17, 59:17, 60:15, 69:3 strengthen [1] - 62:24 stretch [1] - 71:3 strictly [1] - 7:24 strong [1] - 78:25 structural [14] - 57:24, 58:1, 58:12, 59:7, 59:8, 62:21, 64:17, 66:23, 66:24, 67:2, 67:3, 67:23, 77:15, 80:25 structurally [1] - 20:13 structure [42] - 9:4, 9:5, 10:11, 10:12, 10:14, 11:1, 11:24, 13:5, 13:7, 17:22, 17:24, 18:6, 20:9, 20:10, 20:16, 27:6, 47:20, 50:7, 50:13, 55:25, 56:14, 62:5, 62:13, 62:25, 63:5, 63:17, 64:2, 66:6, 67:7, 67:20, 67:22, 68:13, 78:5, 78:12, 83:9, 87:18, 88:4, 88:7, 88:8, 88:16, 90:3 structure's [1] - 67:13 structures [11] - 8:22, 8:24, 9:3, 12:9, 31:8, 44:20, 61:17, 68:15, 81:4, 88:24, 89:2 studs [5] - 30:22, 30:23, 72:22, 81:22 study [1] - 11:5 stuff [1] - 60:5 subject [2] - 14:8, 65:9 submitted [1] - 89:21 subsequent [6] - 11:9, 16:6, 16:9, 23:22, 27:3, 28:2 subsequently [2] - 11:6, 52:12 substantial [5] - 66:22, 66:24, 67:2, 67:3, 67:22 suffered [1] - 67:5 suggest [1] - 34:25 sum [1] - 53:15 summarize [1] - 24:3 summer [1] - 10:25 superimpose [1] - 33:21 Supplies [1] - 59:3 support [1] - 67:12 supported [2] - 20:23, 65:17 supporting [1] - 45:23 supports [1] - 59:11 surfaces [1] - 18:3 surrounding [1] - 89:1 sustained [1] - 67:22 swear [5] - 4:24, 5:9, 6:11, 6:18, 86:2 switch [1] - 53:12 swore [2] - 6:10, 85:23 sworn [1] - 5:2 system [3] - 43:17, 65:1, 67:5 systems [3] - 61:19, 62:3, 62:24 T tall [8] - 10:11, 10:13, 44:15, 44:21, 63:12, 63:17, 63:19, 64:24 tear [4] - 33:25, 74:21, 75:2, 88:12 tearing [1] - 74:25 technically [1] - 76:25 Technology [1] - 59:3 teenager [1] - 40:23 temporarily [3] - 82:17, 84:18, 84:24 temporary [2] - 62:12, 82:18 ten [2] - 8:6, 91:3 tenders [1] - 9:21 Tenders [1] - 79:13 terms [2] - 45:20, 76:4 testified [2] - 55:20, 77:14 testimony [12] - 4:16, 4:20, 4:25, 5:6, 6:5, 6:6, 32:9, 35:4, 54:17, 63:7, 75:11, 77:20 text [1] - 20:4 that'll [1] - 33:14 therefore [1] - 68:2 they've [3] - 24:12, 34:19, 35:11 thinking [1] - 73:20 third [16] - 31:15, 31:17, 31:22, 33:23, 35:21, 35:24, 36:1, 36:6, 42:19, 43:2, 44:8, 44:9, 60:21 threaded [1] - 74:10 three [9] - 10:12, 10:14, 13:7, 20:10, 36:3, 55:5, 64:3, 72:23, 82:23 three-story [4] - 10:12, 13:7, 20:10, 36:3 threw [2] - 11:23, 74:16 throughout [1] - 9:15 thumb [2] - 21:8, 70:16 Thursday [1] - 1:6 tie [1] - 74:11 tied [3] - 10:19, 24:9, 75:13 tighter [1] - 33:9 Title [5] - 14:1, 21:18, 24:18, 24:21, 89:15 title [3] - 11:1, 24:6, 24:16 today [18] - 3:6, 4:16, 4:20, 5:25, 6:5, 7:14, 7:17, 10:5, 11:20, 33:22, 50:2, 55:13, 56:11, 60:14, 76:19, 78:6, 78:13, 78:17 today's [3] - 30:17, 31:2, 79:8 together [1] - 75:24 took [4] - 11:1, 24:6, 24:10, 24:16 tools [1] - 40:5 top [3] - 51:6, 51:7, 64:4 tore [2] - 31:19, 31:24 torn [3] - 68:8, 71:21, 75:7 total [2] - 44:2, 67:12 touches [1] - 89:23 tough [2] - 72:19, 91:19 towards [1] - 37:10 towers [1] - 59:6 townhomes [3] - 31:10, 81:11, 81:19 townhouse [5] - 20:8, 20:15, 46:11, 46:19, 81:8 townhouse-type [2] - 20:8, 46:11 townhouses [1] - 46:2 trade [2] - 40:5, 41:14 training [2] - 64:16, 81:2 transcribe [1] - 93:8 transcript [1] - 93:10 treatment [1] - 18:2 trial [1] - 7:10 triplex [2] - 31:4, 35:13 Tropia [2] - 93:7, 93:19 true [3] - 45:23, 84:1, 93:10 truly [1] - 60:22 trusted [1] - 50:11 truth [10] - 5:1, 5:11, 5:12, 6:20, 6:21, 86:4, 86:5 try [5] - 24:13, 52:6, 73:5, 73:7, 73:10 trying [10] - 23:17, 35:8, 35:20, 36:15, 73:14, 74:2, 76:8, 76:11, 83:13, 86:16 tunnel [1] - 42:23 turn [1] - 61:8 turned [1] - 31:13 twenty [1] - 44:16 twenty-eight [1] - 44:16 two [19] - 10:8, 12:8, 20:15, 31:7, 32:4, 32:8, 34:7, 44:3, 44:5, 44:7, 45:10, 45:21, 46:2, 46:24, 60:4, 63:8, 63:12, 64:7, 83:18 two-hour [1] - 46:2 two-unit [1] - 20:15 type [6] - 20:8, 35:14, 41:8, 46:11, 46:12, 46:13 typical [2] - 10:8, 50:23 U uncles [1] - 40:24 uncontradicted [1] - Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville , FL 32203(904) 821-0300 11 87:20 under [3] - 56:24, 62:20, 79:7 underneath [1] - 71:5 understood [3] - 35:5, 56:4, 77:19 undertaken [2] - 19:9, 22:15 unfit [2] - 9:6, 17:22 unfortunate [1] - 89:13 unfortunately [8] - 10:20, 30:1, 83:16, 83:20, 86:18, 86:22, 87:21, 89:24 Unit [1] - 67:24 unit [14] - 20:15, 31:4, 31:20, 40:19, 44:8, 44:13, 44:14, 44:15, 45:11, 62:2, 62:15, 62:20, 63:11, 76:13 units [18] - 10:13, 40:15, 40:16, 44:5, 44:7, 45:10, 45:15, 45:20, 45:22, 46:3, 46:5, 62:3, 62:23, 63:8, 63:13, 63:14, 63:20, 79:1 University [1] - 58:6 unknown [1] - 87:21 unless [2] - 53:7, 83:21 unsafe [4] - 17:23, 60:15, 61:3, 61:5 unstable [1] - 55:18 up [37] - 6:24, 7:21, 11:13, 12:1, 12:2, 12:11, 12:12, 14:16, 17:15, 21:7, 29:6, 29:9, 37:19, 37:21, 39:4, 40:15, 40:25, 42:24, 51:25, 53:16, 64:7, 66:9, 68:13, 69:1, 72:16, 72:17, 72:20, 72:22, 73:4, 73:10, 74:24, 77:4, 80:20, 83:23, 83:24, 85:9 updated [2] - 9:10, 9:11 uplift [1] - 74:12 V vacant [4] - 17:24, 84:2, 84:6, 84:11 vacate [8] - 12:6, 54:11, 54:15, 62:17, 82:16, 90:15, 90:21, 92:9 ATTACHMENT B October 31, 2019 Minutes Page 41 of 42 Agenda Item #2.A. 05 Mar 2020 Page 43 of 216 City of Atlantic Beach City of Atlantic Beach v. Andrew Stelzmann Code Enforcement - Special Magistrate Hearing October 31, 2019 11/26/2019 11:46:36 AM Page 12 to 12 of 12 36 of 36 sheets vacating [1] - 82:22 various [1] - 22:13 vast [1] - 81:18 verbal [1] - 36:22 versus [2] - 32:9, 78:19 vertical [1] - 67:10 via [1] - 52:19 viable [1] - 23:18 videotaped [2] - 1:6, 93:9 view [1] - 59:20 violated [1] - 89:6 Violation [9] - 13:3, 14:16, 15:2, 15:5, 16:7, 17:3, 17:14, 17:17, 18:8 violation [1] - 22:6 violations [6] - 17:19, 18:1, 18:15, 19:4, 39:5, 50:4 visited [3] - 42:9, 51:3, 74:24 W walk [1] - 61:1 Walker [2] - 1:13, 7:13 walking [1] - 17:23 wall [49] - 10:19, 10:20, 13:8, 20:24, 31:15, 33:22, 33:23, 34:2, 36:3, 36:4, 45:2, 45:3, 45:5, 45:7, 45:11, 45:12, 46:8, 51:8, 51:11, 51:20, 51:22, 59:11, 60:9, 61:17, 61:18, 62:1, 62:4, 62:23, 63:24, 69:16, 70:24, 71:2, 71:8, 72:21, 73:5, 73:9, 73:10, 73:25, 74:22, 75:1, 75:14, 75:22, 76:1, 76:4, 76:7, 76:9, 76:10 WALLACE [223] - 1:13, 7:12, 9:8, 9:13, 9:19, 10:4, 12:17, 12:21, 12:24, 13:2, 13:10, 13:17, 13:21, 14:3, 14:7, 14:12, 14:15, 14:19, 15:1, 15:5, 15:9, 15:16, 15:20, 16:1, 16:5, 16:9, 16:13, 16:19, 16:21, 17:1, 17:5, 17:11, 17:16, 17:19, 18:8, 18:11, 18:17, 18:22, 19:3, 19:7, 19:11, 19:18, 20:1, 20:4, 21:4, 21:7, 21:14, 21:17, 21:21, 22:2, 22:5, 22:9, 22:12, 22:17, 22:25, 23:4, 23:10, 23:15, 23:22, 24:3, 24:15, 24:23, 24:25, 25:6, 25:9, 25:16, 25:19, 25:23, 26:1, 26:5, 26:7, 26:13, 26:15, 26:20, 26:23, 27:1, 27:8, 27:12, 27:14, 27:22, 28:1, 28:7, 28:11, 28:15, 28:18, 28:21, 32:4, 34:3, 34:12, 34:21, 35:5, 37:8, 38:6, 38:9, 38:13, 38:16, 38:20, 38:23, 39:8, 39:14, 39:22, 39:25, 40:6, 40:10, 40:13, 40:17, 40:20, 41:1, 41:5, 41:12, 41:16, 41:21, 42:2, 42:8, 42:11, 43:4, 43:8, 43:13, 43:18, 43:22, 44:11, 44:15, 44:17, 45:4, 45:13, 45:17, 46:5, 46:9, 46:22, 47:1, 47:7, 47:11, 47:15, 47:25, 48:5, 48:7, 48:11, 48:15, 48:23, 49:2, 49:9, 49:12, 49:19, 50:1, 50:4, 50:14, 50:21, 51:2, 51:13, 51:21, 52:2, 52:12, 52:15, 52:18, 52:24, 53:9, 53:15, 53:23, 54:5, 57:14, 57:18, 57:22, 57:25, 58:5, 58:7, 58:11, 58:21, 58:25, 59:8, 59:16, 59:19, 59:25, 60:13, 61:6, 61:10, 63:6, 63:10, 63:16, 64:16, 65:5, 65:12, 65:24, 66:13, 68:14, 68:18, 69:2, 69:7, 69:10, 69:22, 70:1, 70:11, 70:16, 71:10, 71:15, 72:4, 72:7, 72:14, 73:16, 74:14, 75:10, 76:2, 76:16, 76:20, 76:22, 77:6, 77:10, 79:11, 79:13, 79:25, 80:3, 80:12, 80:24, 81:2, 82:1, 82:7, 83:23, 84:1, 84:5, 84:10, 84:17, 84:22, 85:1, 87:7 Wallace [1] - 7:12 walls [20] - 18:3, 20:13, 20:16, 44:25, 45:7, 45:10, 45:24, 46:6, 50:10, 51:7, 63:4, 63:25, 64:7, 64:8, 68:17, 68:18, 68:22, 70:3, 74:9 wants [1] - 34:24 warnings [1] - 30:3 warranty [2] - 13:14, 21:12 water [2] - 42:18, 60:20 Wayne [5] - 15:18, 17:18, 22:7, 22:20 ways [1] - 34:7 weather [1] - 11:11 weatherproof [1] - 20:24 weatherproofing [1] - 55:7 weeds [1] - 17:25 week [1] - 82:23 weight [2] - 35:4, 56:17 welcome [1] - 79:24 Wells [39] - 2:6, 4:2, 4:7, 4:10, 7:3, 8:25, 10:25, 11:3, 11:4, 14:2, 14:4, 22:22, 23:25, 24:5, 24:8, 24:16, 25:1, 28:23, 30:5, 37:25, 38:3, 49:25, 53:25, 54:10, 57:12, 79:20, 80:10, 85:4, 85:8, 85:14, 86:9, 86:13, 86:21, 88:17, 88:19, 89:14, 89:17, 89:22, 90:6 west [3] - 60:12, 60:17, 68:10 whatnot [1] - 65:21 whereas [1] - 31:3 whole [11] - 5:11, 6:20, 40:22, 62:11, 64:10, 64:13, 71:3, 73:4, 76:12, 83:8, 86:4 wide [4] - 44:2, 44:13, 44:14 width [1] - 45:12 wind [25] - 44:23, 44:24, 45:2, 47:24, 50:11, 50:12, 50:20, 50:22, 56:19, 59:10, 59:13, 62:25, 63:22, 63:23, 64:3, 64:6, 65:9, 77:15, 77:19, 78:5, 78:14, 79:9, Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville , FL 32203(904) 821-0300 12 87:24, 92:1 window [3] - 33:9, 51:11, 70:23 windows [1] - 64:9 winds [5] - 51:1, 51:9, 56:24, 57:1, 57:2 withstanding [1] - 46:22 witness [5] - 5:2, 9:25, 32:10, 38:5, 71:16 witnesses [9] - 4:24, 5:5, 6:11, 7:7, 33:12, 37:18, 37:23, 77:2, 80:1 wood [6] - 18:3, 18:4, 20:10, 20:16, 61:18, 65:3 wood-framed [1] - 20:16 words [2] - 9:5, 83:8 works [1] - 7:10 world [1] - 58:16 wow [1] - 61:2 wrestle [1] - 88:22 wrestling [1] - 82:12 write [1] - 39:4 writing [2] - 8:5, 37:4 written [12] - 7:18, 7:19, 7:21, 8:6, 8:11, 36:20, 36:21, 48:23, 82:3, 90:24, 92:6 wrote [2] - 42:6, 48:20 Y yard [1] - 73:11 year [13] - 10:24, 10:25, 13:1, 14:17, 16:19, 30:6, 41:6, 50:24, 51:5, 60:24, 77:23, 77:25, 87:25 years [9] - 10:21, 34:18, 38:15, 38:22, 40:3, 40:4, 41:13, 58:14, 77:22 yourself [7] - 12:18, 27:9, 38:10, 41:23, 57:19, 72:4, 90:1 Z zipper [1] - 30:22 zippered [1] - 81:22 zone [1] - 47:24 ATTACHMENT B October 31, 2019 Minutes Page 42 of 42 Agenda Item #2.A. 05 Mar 2020 Page 44 of 216 Code Enforcement Special Magistrate December 2, 2019 MINUTES Special Called Code Enforcement Special Magistrate Meeting Monday, December 2, 2019 -9:30 AM Commission Chamber Present: Jeb Branham, Special Magistrate Angela Irizarry, Code Enforcement Officer Lori Diaz, Deputy City Clerk 1. CALL TO ORDER Magistrate Branham called the meeting to order at 9:30 AM. The Magistrate stated the Respondent, Attorney Pekoe representing Wells Fargo filed a motion for a re-hearing of Case #14-00000980 and he explained the meeting process which is governed by the Florida Statutes, Chapter 162, and the City of Atlantic Beach (COAB) Code of Ordinances. 2. ADMINISTRATION OF OATH Magistrate Branham deferred administering the Oath, pending the arrival of Respondent Wells Fargo's witness currently en route to the meeting. 3. NEW BUSINESS Magistrate Branham asked if the COAB had any additional testimony or documentary evidence to offer. Attorney John Wallace responded he did not have additional testimony or documentary evidence to offer. Mr. Wallace stated he will seek clarification of the Order, which is attached and made part of this Official Record as Attachment A, but will hold this until the end. Magistrate Branham administered the Oath to COAB Code Enforcement Officer Angela Irizarry and asked her to state the contents of the Agenda packet. Ms. Irizarry provided testimony stating the contents of the Agenda packet, which was introduced at the prior hearing, contains the transcripts of that hearing and copies of all the exhibits submitted. The Agenda packet was taken into evidence by Magistrate Branham for this re- hearing. Magistrate Branham asked if the Respondent, Andrew Stelzmann, had any additional testimony or documentary evidence to offer. Mr. Stelzmann responded that at this time he did not, but may have later. Page 1 of 8 Agenda Item #2.B. 05 Mar 2020 Page 45 of 216 Code Enforcement Special Magistrate December 2, 2019 Magistrate Branham asked if Wells Fargo Home Mortgage had any additional testimony or documentary evidence to offer. Attorney Andrew Pekoe responded he has witness testimony to present but the witness is still en route. Mr. Pekoe stated he did have a report from his witness. Magistrate Branham stated the report could be entered as evidence and Mr. Pekoe complied. RECESS Magistrate Branham called for a 15-minute recess at 9:40 AM to allow time for Mr. Pekoe's witness to arrive. Magistrate Branham reconvened the meeting at 9:55 AM; the witness still had not arrived. Attachment A A. CASE #:14-00000980* NAME: Andrew Stelzmann and Wells Fargo Home Mortgage ADDRESS: 196 AND 198 Poinsettia Street Magistrate Branham requested Attorney Pekoe to present his testimony. Mr. Pekoe explained the reason for requesting a re-hearing is to obtain clarification on what it would take to achieve compliance to the Order issued. (Attachment A) Questions are as follows: • How to bring 198 into compliance? • Demolition of one half of the duplex? • Shoring of 196? • Rehabilitation if possible? • Para #35 of Order - need clarification? • Compliance to Order and avoid possible fines? Mr. Pekoe is requesting additional time to figure out a definite plan to present and not be in violation with the Order. Magistrate Branham requested COAB John Wallace to present testimony and/or questions at this time. Mr. Wallace requested clarification in the Order for the term 'shoring'. He stated this term applies to vertical reinforcement and that the COAB Building Official had stated there also needs to be 'bracing', which applies to horizontal loads. He requested that both terms, shoring and bracing, be clarified in the Order. (Attachment A) Regarding the fines that were reduced to $125.00 per day, Mr. Wallace is requesting the fines be imposed at $250.00 per day. Page 2 of 8 Agenda Item #2.B. 05 Mar 2020 Page 46 of 216 Code Enforcement Special Magistrate December 2, 2019 ACTION Magistrate Branham stated his ruling is that he will modify the previous Order to clarify that Wells Fargo's plan does not have to contain a permanent solution. He stated the fine will continue to run at $125.00 per day, for the requirement of temporary shoring and bracing, keeping the original 90-day deadline for submitting a complete plan. Failure to comply within 90 days will result in the fine being raised to $250.00 per day. If necessary Magistrate Branham will allow Wells Fargo until the end of the month (February) to submit a permanent plan. 4. ADJOURNMENT There being no further discussion and/or testimony, Special Magistrate Branham adjourned the meeting at 10:07 AM. Attest: _______________________ _________________________________ Lori Diaz, Deputy City Clerk Jeb T. Branham, P.A., Special Magistrate _________ ________________________ Date Approved Page 3 of 8 Agenda Item #2.B. 05 Mar 2020 Page 47 of 216 Page 4 of 8 Agenda Item #2.B. 05 Mar 2020 Page 48 of 216 ATTACHMENT A October 31, 2019 MinutesPage 5 of 8Agenda Item #2.B.05 Mar 2020Page 49 of 216 ATTACHMENT A October 31, 2019 MinutesPage 6 of 8Agenda Item #2.B.05 Mar 2020Page 50 of 216 ATTACHMENT A October 31, 2019 MinutesPage 7 of 8Agenda Item #2.B.05 Mar 2020Page 51 of 216 ATTACHMENT A October 31, 2019 MinutesPage 8 of 8Agenda Item #2.B.05 Mar 2020Page 52 of 216 Code Enforcement Special Magistrate January 9, 2020 MINUTES Code Enforcement Special Magistrate Meeting Thursday, January 9, 2020 - 2:00 PM Commission Chamber Present: Jeb Branham, Special Magistrate Presiding Angela Irizarry, Code Enforcement Officer Lori Diaz, Deputy City Clerk Kimberly Flower, Records Clerk 1. CALL TO ORDER Magistrate Branham called the meeting to order at 2:00 PM. 2. PLEDGE OF ALLEGIANCE TO THE FLAG None. 3. APPROVAL OF MINUTES A. Approve minutes of the November 7, 2019 Code Enforcement Special Magistrate meeting. Item 3.A. was taken out of sequence and acted on later in the meeting. 4. ADMINISTRATION OF OATH Magistrate Branham administered the Oath to the attendees - staff, respondents, and witnesses. 5. OLD BUSINESS A. CASE #: 16-283 NAME: Kenneth Allen Weartherby * ADDRESS: 351 19th Street Attorney Winter submitted a copy of his letter to Attorney Apolito. Testified: Code Enforcement Officer Angela Irizarry. Respondent not present (deceased). Attorney Winter present. Action: Defer action on request for reduction of the accrued fine until a party with standing makes a request. B. CASE #: 14-00000980 NAME: Wells Fargo / Andrew Stelzmann ADDRESS: 196/198 Poinsettia Page 1 of 3 Agenda Item #2.C. 05 Mar 2020 Page 53 of 216 Code Enforcement Special Magistrate January 9, 2020 CE Officer submitted email correspondence to Special Magistrate on behalf of Attorney Pekoe. Testified: Code Enforcement Officer Angela Irizarry. Respondent Andrew Stelzmann was present. Action: Magistrate reviewed new evidence from Wells Fargo and ordered the December 5, 2019 Order to stand with additional language added to allow for recording a lien. C. CASE #: 19-086 NAME: Shawn Burke and Andrea Osborne * ADDRESS: 316 6th Street Testified: Code Enforcement Officer Angela Irizarry Respondents were not present. Action: Respondents were found in compliance. No fines imposed. D. CASE#: 18-113 NAME: Desmond Demps-Brooks Sr. * ADDRESS: 1921 Mealy Street Testified Code Enforcement Officer Angela Irizarry. Respondent was not present. Action: Case deferred to next Code Enforcement Special Magistrate meeting. E. CASE #: 19-191 NAME: Fred G. Cazares * ADDRESS: 741 Cavalla Road Testified: Code Enforcement Officer Angela Irizarry, Fred G. Cazares Respondent was present. Action: Respondent was found in compliance. No fine imposed. 6. NEW BUSINESS A. CASE#: 19-135 NAME: Daniel J. Knieriemen Jr. * ADDRESS: 860 Bonita Road Testified: Code Enforcement Officer Angela Irizarry Respondent was not present. Action: Respondent was found in compliance. No fine imposed. Page 2 of 3 Agenda Item #2.C. 05 Mar 2020 Page 54 of 216 Code Enforcement Special Magistrate January 9, 2020 B. CASE#: 19-181 NAME: Jeffrey A. Hite Et Al * ADDRESS: 1055 East Coast Drive The Special Magistrate disclosed the he represents a company owned in part by Respondent. Testified: Code Enforcement Officer Angela Irizarry. Respondent was not present. Action: Case deferred to next Code Enforcement Special Magistrate meeting. C. CASE #: 19-242 NAME: Dollar Tree Stores Inc. ADDRESS: 2321 Mayport Road Testified: Code Enforcement Officer Angela Irizarry. Respondent was present. Action: Fine imposed of $250.00. Item 3.A. was taken out of sequence and acted on at this time. 7. 3. APPROVAL OF MINUTES A. Approve minutes of the November 7, 2019 Code Enforcement Special Magistrate meeting. Minutes were approved as submitted. 8. ADJOURNMENT Magistrate Branham adjourned the meeting at 2:31 PM. Attest: _______________________ __________________________________ Lori Diaz, Deputy City Clerk Jeb T. Branham, P.A. Special Magistrate Date Approved: _______________________________ Page 3 of 3 Agenda Item #2.C. 05 Mar 2020 Page 55 of 216 Page 56 of 216 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner vs. Property Address: 196 & 198 Poinsettia Street Atlantic Beach, FL Andrew Stelzmann First Class and Certified Mail Return Receipt 196 Poinsettia Street Requested: Atlantic Beach, FL 32233 7017 1000 0000 7000 2931 and Wells Fargo Home Mortgate First Class and Certified Mail Return Receipt Attn: Property Preservation Requested: 1 Home Campus 7017 1000 0000 7000 2900 Des Moines, IA 5032 Respondents. - l CASE NUMBER: 14-00000980 3/4 REAL ESTATE NUMBER: 170630-0510 LEGAL DESCRIPTION: 10-16 21-2S-29E, SALTAIR SEC 3, NORTH HALF OF LOT 684, ATLANTIC BEACH, FL ORDER IMPOSING FINE ON CASE No. 14-00000980 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on January 9, 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. Notice of this hearing was sent by Certified Mailing to Respondents. 2. Respondent Wells Fargo did not appear at the hearing. 3. The only issues brought before the Magistrate for consideration at this hearing was the entry of an order that could also serve as a lien for fines imposed under a previously-entered order in this matter. 4. This matter was previously heard on October 31, 2019 and reheard on December 2, 2019. 5. The Order on Case No. 14-00000980 resulting from the October 31 hearing was executed on November 4, 2019. 6. The Order on Wells Fargo's Rehearing of Case No. 14-00000980 was executed on December 5, 2019. 7. Both orders control this matter. The December 5 Order is in full force and effect, as is the November 4 Order except as modified by the December 5 Order. Agenda Item #4.A. 05 Mar 2020 Page 57 of 216 8. Daily fines of$125 per day began accruing on Wells Fargo's 198 Poinsettia property on November 26, 2019. 9. The December 5 Order required Wells Fargo to submit a plan for permanent code compliance by December 31, 2019 or incur daily fines of an additional $250 per day. 10.Wells Fargo had not submitted a plan for permanent code compliance as of the January 9, 2020. 11.Respondent Wells Fargo's attorney objected to not being personally notified of the hearing. 12.At the time of the hearing, Wells Fargo did not have any pending requests for relief pertaining to this matter. 13. Well Fargo's only objection to the lack of notice given to its attorney pertained to a possible request it might make in the future for a reduction of the fine. CONCLUSIONS OF LAW 14.Neither state law nor Atlantic Beach's code of ordinances requires notices of hearings to be sent to property owner's attorneys. 15. Even if a property owner's lawyer should be notified of a hearing, Wells Fargo did not have any objections that pertained to the accrual of fines for its non-compliance with orders that had already been entered. 16.Nothing precludes Wells Fargo from making a request for a reduction in fines at some point in the future. 17.Fines of$125 per day began accruing against Wells Fargo's property at 198 Poinsettia on November 26, 2019 and continue to accrue on a daily basis until such time as Wells Fargo submits a plan for temporary shoring and bracing or code compliance is otherwise achieved. 18.Additional fines of $250 per day began accruing against Wells Fargo's property at 198 Poinsettia on December 31, 2019 and continue to accrue on a daily basis until such time as Wells Fargo submits a plan for permanent code compliance or code compliance is otherwise achieved. 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: 19. Respondent Wells Fargo is found in violation for non-compliance with the code enforcement orders executed on November 4,2019 and December 5,2019 and failed to obtain compliance on or before November 26, 2019 and December 31, 2019. 20. The Special Magistrate orders that a fine of$125 per day for the first day and$125 for every day thereafter while the violation continues to exist be imposed commencing on the first day, November 26, 2019. 21. The Special Magistrate further orders that a fine of$250 per day for the first day and $250 for every day thereafter while the violation continues to exist be imposed commencing on the first day, December 31, 2019 22. In addition, fines shall include the administrative costs to the City incurred in prosecuting this case, which costs shall include outside engineers, architects, and consultants related to the city's own efforts to bring the property into compliance of abate the nuisance at 198 Poinsettia. 2 Agenda Item #4.A. 05 Mar 2020 Page 58 of 216 23. Respondent Wells Fargo is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance. 24. Failure to pay all accumulated fines will result in a lien being placed against the property at 198 POINSETTIA, PARCEL NO. 170636-0510, LEGAL DESCRIPTION 10- 16 21-2S- 29E, SALTAIR SEC 3, NORTH HALF OF LOT 684, ATLANTIC BEACH, FL 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 10%per annum from date of certification until paid. DONE AND ORDERED THIS 31 DAY OF JANUARY, 2020. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: s/Jeb Branham Lori Diaz, Deputy Ci ! erk Jeb T. Branham, Special Magistrate Executed this 31 day of January, 2020. PLEASE NOTE: Florida Statutes § 162.11, states that an appeal of this order shall be filed in circuit court within thirty (30) days of this order's execution. U.S. Postal Service' TM CERTIFIED MAIL® RECEIPT U.S. Postal Service ° Domestic Mail onry CERTIFIED MAIL RECEIPT tr. For delivery information,visit our website at www.usps.com . m Domestic information,visit our website at vommus s.com . D D Certified Mail Fee niiiiiM1111111"Extra Services&Fees(check box,add fee as appropriate) D D 0 Return Receipt(hardcopy) $ r" Extra Services&Fees(check box,add tee as approPdate) D Return Receipt(electronic) $ Postmark Return Receipt(hardcnPY) $ postmark im Certified Mail Restricted Delivery $ Here D 0 Return Receipt(electronic) $— Here Adult Signature Required $ 173 Certified Mail Restricted Delivery $— Adult Signature Restricted Delivery$ C210 Adult Signature Required D Postage D Adult signature Restricted Delivery$ rl 111111111111111111111111111 Total Postage and Feesrg D N Sent To a delis fang° 11-1-000009O a i r—000c 8__a-___--- D r San`T°dr l S-Ql_ ___Yv?__._Y1Streetand-Apt.No.,or Frb Box No. D treat and Apt.No.,or PO ox No. City,State,ZIP+4e N City,State,ZIP+4e PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions rll 2015 PSN 7530-02-000-9047 See Reverse for Instructions 3 PS Form 3800,Ap Agenda Item #4.A. 05 Mar 2020 Page 59 of 216 ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3. A. Signature Print your name and address on the reverse 0 Agent so that we can return the card to you. Addressee Attach this card to the back of the mailpiece, Received by(Prin d N e) C. Date of Delivery or on the front if space permits. I. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No Andre LA) tli,e IZ o ,n 1 i4- 000Ooci8o CE III I I I III 111111111111 11111111111111111 111 3. Service Type Priority Mail Express® El Adult Signature 0 Registered Mall'," 0 Adult Signature Restricted Delivery 0 Registered Mail Aesthete 9590 9402 4495 8248 3532 16 0 Certified Mail® Delivery 0 Certified Mall Restricted Delivery 0 Return Receipt for Collect on Delivery Merchandise Article Number(Transfer from service label) Collect on Delivery Restricted Delivery 0 Signature ConfirmationT^ fail 0 Signature Confirmation 7 017 1000 0000 7000 2931 f itflestricted Delivery Restricted Delivery 3er......QQ11 r..i.,onicoeei,cnnnnnnn-nnaa nr,,,,oc+;-Patin,Runoins Agenda Item #4.A.05 Mar 2020Page 60 of 216 1I COM'L HIS S C ION r' • 1 •" • Complete items 1,2,and 3. A. Signatu v II Print your name and address on the reverse X 1• ent so that we can return the card to you.0 Addressee Attach this card to the back of the mailpiece, B. Receiv-• by(Printed Name) Date of Delivery or on the front if space permits. Ilk 6 i . '— a/`i.0 0 I. Article Addressed to: D. Is delivery.ddress•' 1.*tom, 0 'es If YES,enter deeiv •, =3`s•-.•: 0 No We-U s - a_r50 Pa 14 __000009 So 0 i ,, o I'I' ISI II I I IIII IIII II III I I I( 0 dul Signatu e e t every Regrisi isteredlMail Restri to 9590 9402 4495 8248 3532 09 0 Certified Mail® C Delivery 0 Certified Mail Restricted De' 0 Return Receipt for 0 Collect on Delivery Merchandise Article Number(Transfer from service label) 0 Collect on Deily estricted DeHvery 0 Signature Conflrmatlonr" n i„.„roe Mai Signature Confirmation 7 017 1000 0000 7000 2900 oil Restricted Delivery Restricted Delivery S Fnrm I 11 .11 du'9ni R P PJ 7san_no_nnn_ansa r)nmectin Return Reneint Agenda Item #4.A.05 Mar 2020Page 61 of 216 N IA A CITY OF ATLANTIC BEACH s) 800 SEMINOLE ROAD J'`< ATLANTIC BEACH, FL 32233 904) 247-5800 44.-)1319 US MAIL CERTIFIED MAIL RETURN RECEIPT REQUESTED 7018 2290 0001 0116 8435 /7018 2290 0001 0116 8442 NOTICE OF HEARING February 3, 2020 Mr. Andrew Stelzmann 158 Poinsettia Street Atlantic Beach, Florida, 32233 Wells Fargo Home Mortgage Attention: Property Preservation X2303-048 1 Home Campus Des Moines, IA 50328 Re: Two-unit Structure 196 and 198 Poinsettia Atlantic Beach, Florida, 32233 Real Estate Number: 170636 0500 and 170636 0510 Case Number: 14-00000980 Location of Violation: 196 and 198 POINSETTIA ST, 10- 16 21-2S-29E, SALTAIR SEC 3, Both halfs of LOT 684 Atlantic Beach, Florida Dear Mr. Stelzmann and Ms. Snook, Our records indicate that you are the owners of the above referenced property. Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. STATEMENT OF CODE ENFORCMENT OFFICER: On January 31, 2020, Mr. Andrew Stelzmanna and Mr. Andrew Pekoe, counsel for Wells Fargo attended voluntary mediation at City of Atlantic Beach City Hall. A settlement was agreed upon by both parties. On February 3, 2020 a Quit Claim deed was executed from Mr. Stelzmann to Wells Fargo for his property at 196 Poinsettia and Mr. Stelzmann has agreed to vacate the 1 Agenda Item #4.A. 05 Mar 2020 Page 62 of 216 property no later than February 9, 2020. Wells Fargo intends to demolish the entire structure once the property has been vacated. Fines have been accruing on the property as a result of the banks failure to submit plans for temporary shoring and plans for permanent compliance by the required deadlines. The City Manager agreed to request a release of the fines on the property from the Special Magistrate. CODE PROVISIONS IPMC, Section 108.1.1. An unsafe structure is one that is found to be dangerous to the life, health, property, or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. IPMC, Section 109 Emergency Measures. 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 Structure 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 110.1 General. The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure, which in the code official's or owner's authorized agent judgment after reivew is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove at the owner's option; or where there has been a sessation of normal construction of any structure for a period of more than two years, the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyone one year, unless approved by the building official. NOTICE OF HEARING You are hereby notified and ordered to appear at the public hearing of the Code Enforcement Special Magistrate on March 5, 2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard. 2 Agenda Item #4.A. 05 Mar 2020 Page 63 of 216 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 of an appeal should be secured at your expense. A- to,arz\-zacc,.\hereby swear and affirm that the above statements are true and accurate. Angela agir--6CodeEnforcementOfficer City of Atlantic Beach 904) 247-5855 aIrizarry@coab.us ATTEST: F1 i 110 Lor;b1 (12- , Deputy City Clerk cc: Brianna Snook Brianna.N.Snook@wellsfargo.com Andrew Stelzmann 196 Poinsettia Atlantic Beach, FL 32233 unn RCCP,I 9eoues-EeA u s Pka.1 Cort-i P ed V\a' 7 Oi 1 1 0 D 0000 r700O 3\-N 3 Agenda Item #4.A. 05 Mar 2020 Page 64 of 216 ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3. A. Signature s6 i 1 Print your name and address on the reverseX Agent SO t we can return the card to you. F - n 4,""'GSA' Attach this card to the back of the mailpiece, B. Received ,i-r'`t fln_ or on the front if space permits. Lelit 1. Article Addressed to: D. Is delivery address diffe . ,. if Y fe`t very address u . 0 No Wells--Fa r-_ }}orne Mart" . .0 a ., CE II II I'I1111111 1111111 I II I 111I III 3. 0 Service e0 Express® RegisteredadulSignatureRestrictedDelivery0RegisteredMail 9590 9402 4495 8248 3529 29 00 Certified Mail® Delivery Certified Mail Restricted Delivery Return Receipt for Collect on Delivery Merchandise 2. Article Number(Transfer from service labnll 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation* Nail 0 Signature Confirmation 7 018 2290 0001 0116 8442 Ojl Restricted Delivery Restricted Delivery DR Form AR-11_.luly 9015 PSN mnn-rp-nnn-gnsn Domestic Return Receini Agenda Item #4.A.05 Mar 2020Page 65 of 216 i''L‘J-riJ`jCITY OF ATLANTIC BEACH Jam` : p. sA 800 SEMINOLE ROAD r' ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 14-00000980 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: a_'at. 2C' 2cD Location: 198 POINSETTIA ST,Atlantic Beach, Florida 2) Date Posted: 12-1, 1 2-02.0 Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLA BEACH, FL 32233 0 II 11 ela Iriza 4 , Co•e Enforc• 1 1 ent County of Duval State of Florida rThittCfrTheforegoingAffidavitwasacknowledgedbeforemethis2 / day of 20 , by Angela Irizarry,who is personally known to me as Code Enforcement for the C of Atlantic Beach. Person taking acknowledgement: Notary Stamp/Seal) I 11 1 a Nota Publ , State of Flori s a aa`, fi'. oi(I(3 276336 1 November 13,2022 4 prblcllndeive eedlhetiodrli Agenda Item #4.A. 05 Mar 2020 Page 66 of 216 Li I s, CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD J. ATLANTIC BEACH,FL 32233 904)247-5800 11_______)31 9f POSTED AT 158 POINSETTIA AND CITY HALL NOTICE OF HEARING 2/ 21/2020 Mr. Andrew Stelzmann 158 Poinsettia Street Atlantic Beach, Florida, 32233 Wells Fargo Home Mortgage Attention: Property Preservation X2303-048 1 Home Campus Des Moines, IA 50328 Re: Two-unit Structure 196 and 198 Poinsettia Atlantic Beach, Florida, 32233 Real Estate Number: 170636 0500 and 170636 0510 Case Number: 14-00000980 Location of Violation: 196 and 198 POINSETTIA ST, 10-16 21-2S-29E, SALTAIR SEC 3, Both halfs of LOT 684 Atlantic Beach, Florida Dear Mr. Stelzmann and Ms. Snook, Our records indicate that you are the owners of the above referenced property. Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6- 16. 1 Agenda Item #4.A. 05 Mar 2020 Page 67 of 216 CODE PROVISIONS IPMC, Section 108.1.1. An unsafe structure is one that is found to be dangerous to the life,health,property, or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation,that partial or complete collapse is possible. IPMC, Section 109 Emergency Measures. 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 Structure 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 110.1 General. The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure,which in the code official's or owner's authorized agent judgment after reivew is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure,to demolish and remove at the owner's option; or where there has been a sessation of normal construction of any structure for a period of more than two years,the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyone one year, unless approved by the building official. STATEMENT OF CODE ENFORCMENT OFFICER: On January 31, 2020, Mr. Andy Stelzmanna and Mr. Andrew Pekow, counsel for Wells Fargo attended voluntary mediation at City of Atlantic Beach City Hall. A settlement was agreed upon by both parties. On February 3,2020 a Quit Claim deed was executed from Mr. Stelzmann to Wells Fargo for his property at 196 Poinsettia and Mr. Stezmann has agreed to vacate the property no later than February 9, 2020. Wells Fargo intends to demolish the entire structure once the property has been vacated. Fines have been accruing on the property as a result of the banks failure to submit plans for temporary shoring and plans for permanent compliance by the required deadlines. The City Manager agreed to request a release of the fines on the property from the Special Magistrate. NOTICE OF HEARING You are hereby notified and ordered to appear at the public hearing of the Code Enforcement Special Magistrate on March 5,2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard. 2 Agenda Item #4.A. 05 Mar 2020 Page 68 of 216 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 of an appeal should be secured at your expense. I,PrTheick Ctiteltily swear and411 affirm that the above statements are true and accurate. 1I11 J gela Iri ' Code Enfo •- • ent Officer City of Atlantic Beach 904)247-5855 airizarry@coab.us ATTEST: r 11 Lori Diaz, Deputy Ci Ark 3 Agenda Item #4.A. 05 Mar 2020 Page 69 of 216 Irizarry,Angela From: Jon Pfotenhauer <jon@elev8jax.com> Sent: Friday, February 7, 2020 4:02 PM To: Irizarry,Angela Cc:Ben Pfotenhauer Subject: Signed Permit Document Attachments: 198 Poinsettia Permits.pdf Angela -- they got it done ! See attached. Look forward to seeing you next week and getting this knocked out (finally! ) . Jon Pfotenhauer 904) 441-8745 ELEV8Jax.corn 1 Agenda Item #4.A. 05 Mar 2020 Page 70 of 216 DEMO PERMIT PERMIT NUMBER CITY OF ATLANTIC BEACH DEM020-0005 3r ISSUED: 2/14/2020 Jji, 800 SEMINOLE ROAD EXPIRES: 8/12/2020 ATLANTIC BEACH, FL 32233 MUST CALL INSPECTION PHONE LINE (904) 247-5814 BY 4 PM FOR NEXT DAY INSPECTION. ALL WORK MUST CONFORM TO THE CURRENT 6TH EDITION (2017) OF THE FLORIDA BUILDING CODE, NEC, IPMC, AND CITY OF ATLANTIC BEACH CODE OF ORDINANCES . ALL CONDITIONS OF PERMIT APPLY, PLEASE READ CAREFULLY. NOTICE: In addition to the requirements of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. JOB ADDRESS: PERMIT TYPE: DESCRIPTION: VALUE OF WORK: 198 POINSETTIA ST DEMO COMPLETE TOWNHOUSE DEMO 7500.00 TYPE OF REAL ESTATE j ZONING: BUILDING USE SUBDIVISION: CONSTRUCTION: NUMBER: GROUP: 170636 0510 SALTAIR SEC 03 COMPANY: ADDRESS: CITY: STATE: ZIP: ELEV8 LAND CLEARING & 745 PLAZA JACKSONVILLE FL 32233 DEMOLITION OWNER:ADDRESS: CITY: I STATE: ZIP: WELLS FARGO BANK N A C/O WELLS FARGO HOME EQUITY DES MOINES IA 50328-0001 GROUP WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. LIST OF CONDITIONS Roll off container company must be on City approved list . Container cannot be placed on City right-of-way. 1 PUBLIC WORKS EROSION CONTROL INSTALLATION INFORMATIONAL Notes: Full erosion control measures must be installed and approved prior to beginning any earth disturbing activities. Contact the Inspection Line(904-247- 5814)to request an Erosion and Sediment Control Inspection prior to start of construction. 2 PUBLIC WORKS ON SITE RUNOFF INFORMATIONAL Notes: All runoff must remain on-site during construction. Issued Date: 2/14/2020 1 of 3 Agenda Item #4.A. 05 Mar 2020 Page 71 of 216 DEMO PERMIT PERMIT NUMBER CITY OF ATLANTIC BEACH DEMO20-0005 800 SEMINOLE ROAD ISSUED: 2/14/2020 ATLANTIC BEACH. FL 32233 EXPIRES: 8/12/2020 3 i PUBLIC WORKS ROLL OFF CONTAINER INFORMATIONAL Notes: Roll off container company must be on City approved list. Approved list can be obtained at the Building Department at City Hall. Roll off container cannot be placed on City right-of-way. 4 PUBLIC WORKS RIGHT OF WAY RESTORATION INFORMATIONAL Notes: Full right-of-way restoration,including sod,is required. 5 PUBLIC WORKS RUNOFF INFORMATIONAL Notes: All runoff must remain on-site. Cannot raise lot elevation. 6 PUBLIC WORKS DOCUMENT IMPERVIOUS AREA INFORMATIONAL Notes: Strongly suggest thorough documentation of impervious areas be recorded. 7 PUBLIC WORKS SLAB DRIVEWAY REMOVAL INFORMATIONAL Notes: Slab and driveway to be fully removed. 8 PUBLIC WORKS DECKING REMOVED INFORMATIONAL Notes: All old decking and debris must be removed from job site by Contractor. 9 PUBLIC WORKS INFRASTRUCTURE INFORMATIONAL Notes: Any damage done to infrastructure must be repaired by Contractor. 10 PUBLIC UTILITIES UNDERGROUND WATER SEWER UTILITIES INFORMATIONAL Notes: Avoid damage to underground water and sewer utilities. Verify vertical and horizontal location of utilities. Hand dig if necessary. If field coordination is needed,call 247-5878. 11 PUBLIC UTILITIES DISCONNECT AND CAP INFORMATIONAL Notes: Disconnect and cap water and sewer lines. 12 PUBLIC UTILITIES INSPECTION PRIOR TO DEMOLITION INFORMATIONAL Notes: MUST CALL the Inspection Line at 247-5814 to request an inspection of the disconnected and capped water and sewer lines prior to demolition. FEES DESCRIPTION ACCOUNT QUANTITY PAID AMOUNT DEMOLITION 455-0000-322-1000 0 100.00 PW REVIEW BUILDING MOD OR ROW 001-0000-329-1004 0 25.00 STATE DBPR SURCHARGE 455-0000-208-0700 0 2.00 Issued Date:2/14/2020 2 of 3 Agenda Item #4.A. 05 Mar 2020 Page 72 of 216 p.irt, DEMO PERMIT PERMIT NUMBER rN. CITY OF ATLANTIC BEACH DEMO20-0005 800 SEMINOLE ROAD ISSUED: 2/14/2020 m19','ATLANTIC BEACH. FL 32233 EXPIRES: 8/12/2020 STATE DCA SURCHARGE 455-0000-208-0600 0 2.00 TOTAL: $129.00 Issued Date: 2/14/2020 3 of 3 Agenda Item #4.A. 05 Mar 2020 Page 73 of 216 City of Atlantic Beach APPLICATION NUMBER Building Department To be assigned by the Building Department.) 800 Seminole Road DE ono Z O -0 ODSAtlanticBeach, Florida 32233-5445 Phone(904)247-5826 Fax(904)247-5845 7 A 01119'ZE-mail: building-dept@coab.us Date routed: Z. _ Z 0 City web-site: http://www.coab.us APPLICATION REVIEW AND TRACKING FORM Property Address: t ( E RD 1 Departm review required Yes No idin Applicant: Qv8LQC1CL Cttr Planning &Zoning Tree Administrator Project:ub'cwor ublic Utilities"5 Public Safety Fire Services Review fee $ Dept Signature Other Agency Review or Permit Required Review or Receipt Date of Permit Verified By Florida Dept.of Environmental Protection Florida Dept.of Transportation St.Johns River Water Management District Army Corps of Engineers Division of Hotels and Restaurants Division of Alcoholic Beverages and Tobacco Other: APPLICATION STATUS Reviewing Department First Review: teApproved. Denied. 1Not applicable Circle one.) Comments: BUILDINGp- A0 .-c_t_Tt• lk"t<t C 4 PLANNING &ZONING Reviewed by:Date:O S[7czc7 TREE ADMIN. Second Review: Approved as revised. Denied. Not applicablebl PUBLIC WORKS Comments: PUBLIC UTILITIES 04 PUBLIC SAFETY Reviewed by: Date! 0f Z'd FIRE SERVICES Third Review: Approved as revised. Denied. Not applicable Comments: Reviewed by:Date: Revised 05/19/2017 Agenda Item #4.A. 05 Mar 2020 Page 74 of 216 Building Permit Application Updated 10/9/18 j; City of Atlantic Beach Building Department ALL Ii•iFORMATION' 800 Seminole Road, Atlantic Beach, FL 32233 HIGHLIGHTED IN GRAY Phone: (904) 247-5826 Email: Building-Dept@coab.us IS REQUIRED. Job Address: r q jly"}"I Permit Number:e f)(\0 O-000.5 t_ lto 21-Z.5 -VIC DAt,t-Att tx:c 3 LOT- 4.54 r,OLaate o to Legal Description "ga'1"tre„. 4 •)FF„c RE# t-,oio-di..4, 01L-0 C3 1' Non-Heated/Cooled ''Valuation of Work(Replacement Cost)$ E`•tit. Heated/Cooled SrSE Class of Work: New Addition Alteration Repair Move etirmo Pool Window/Door Use of existing/proposed structure(s): Commercial E1Rgidential If an existing structure,is a fire sprinkler system installed?: Yes f91f6 Will trees be removed in association with roIosed .ro'ect?Ile •___ xiit No Describe in detail the type of work to be performed7D44 f S)1 t4-t Oft d'F'-, ire- e• u(L t, i;Prr1o\)CA.1 t %C A'Z•C Sd t. pt,nc %re¢. 10 coLetd eq-5+ 3 lac o -hOci , Florida Product Approval# for multiple products use product approval form Property Owner Information Name U-)8\ 5 F (A 7 Address x Z.305 - b4 t• I"O( a st,Ca,--- 43CityT.,4 (Y101 0 S State. Zip 5t.O 32 5 Phone 0 i l5 - 9$ -may! E-Mail k.X1iCill\a- . fi - 5Ccok ( -- .. 1::'\ :'.4 O4i . t001 Owner or Agent If Agent,Power of Attorney or Agency Litter Regii(r d) Contractor lnfcrmation n Name of Company ELM LAN>CUIiii-L!Z ? /AA:LL'i.XL Ai Qualifying Agent /L,t.t PThT 'H'ALIC:K. Address --pi t N-.A Z A Ai City ATL 1Z L PrrAck State ?1-- Zip:3 i;..2.3 3 Office Phone Q(A- x7-1.4 17t'.,c( Job Site Contact Number $ori' b 2 • 17611 State Certification/Registration# C.L L I52g31s E-Mail l uii aro TAX c 6D/Y) Architect Name&Phone# /1, Engineer's Name&Phone# , / Workers Compensation Insurer LXGA/S:GV.ytif'.A!14L CV OR Exempt o Expiration Date //i/ 2.0Z i Application is hereby made to obtain a permit to do the work and installations as indicated.I certify that no work or imtallation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all the laws regulating construction in this jurisdiction.i understand that a separate pet mit must be secured for ELECTRICAL WORK,PLUMBIN i,SIGNS, WELLS,POOLS,FURNACES, b3ILERS,HEATERS,TANKS,and AIR CONDITIONERS,etc. NOTICE:In addition to the require tents of this permit,th are ma/au additional restrictions applicable to this prop•rty that may be found in the public records of this r ounty,and there may be additional permits requited from other governmental entities such as water management districts,.state agencies,or federal agencies. OWNER'S AFFIDAVIT:I cert':fy that al i .:-foregoing r.icollation is accurate and:hat all work will be done in complianc!with all applicabl_laws regulating construction and zoning. WARNING TO OWNER:YOU• ILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN Y•1 R PAYING T ICE OR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN ' i'I CIN , C"'NSU WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING tyI IC: O- OMMENCEMENT. a..,_,-...x a rc of tiwn,lr r Anent) Signature of Contractor) ed and standsti_Fret to(or cffir 4rt),;r• or -,-' :hir dal nl S:;ned and sworn to(or affirmed)befor`mc this_v_day of CL,_._ -t .t_,_J ,J i ,by O.t t VA-,‘4;._an\,i_td II _ Sianat:.:eorWc4ary PiDL. 1l; 4 PtULL !A I r7il3#,JR, iiiesighboamw JOANNE BASSI ersonzl! Known OR IteCOM133304110011601 r1.-•,j Ir^;1 . 6fOTAR:::101nCEx0p4FreNsEW y EXPZRE` De nt a lr01i r iJuced tae i0nca '.on 1ERSEY 1,I'roduoati Identification liibiti i e: 9 yPat TyDeulicientitiL-IF„, Type of Identification'C . e.rr33?/ 30/207.3 Agenda Item #4.A. 05 Mar 2020 Page 75 of 216 NOTICE OF COMMENC:MIEi iT State of r C f t1\4- Tax Folio No. County of AMA-2- To Whom It May Concern: The undersigned hereby informs you that improvements will be made to certain real property,and in accords nce w:.i Section 713 of the Florida Statutes,the following information is stated in this NOTICE OF COMMENCEMENT. Legal Description of property being improved: it,"--;.4.42 2.i.•-'t>;' , - ,_t."- , .erik1Q. tk `12..WI-10-1 + Address of property being improved: 19 p•n S. 4+t 4. Genera!description of improvements: :-Wif5(lb I 41 PD() Owner:,,e--\ -r--u I -- Addres!, Owner's interest in site of the improvement: l Fee Simple Titleholder(if other than owner). r" Name: Contractor: Address: Telephone No.: Fax No: Surety(if eny). Address:_ Amount of Bond$__. Telephone No: Fax No: Name and address of any person maks.-g a loan for toe construction of the improvements N]me: Ari d j E's•.: Phone No: Fax No: Name of person within the State of Florida,other tht:n himself,designated by owner upon whom notices or other docu nents may be served:Name: Address: Telephone No: Fax No: In addition to lrmself, owner designates the following person to receive a copy of the lienor's Notice as prov d •d in Section 713.06(2)(b),Florida Statues. (Fill in at Owner's option) Name: Address: Telephone No: Fax No: Expiration date of Notice of Commencement(the expiration date is one(1)y ar from the date ecording unless a dif"event date is specified):-_— THIS SPACE FOR RECORDER'S USE ONLY G:.I:LF: 140jen ' i Z17/ezSigned:__- Date:—_ lefore me this./.'!"-, ___day of_ - I • in the C t riw ui.t.leet state Of /14.1 ,has personally appeared '3r'eOnviti_ ,,i ,rt Lu-! NotaryNotary Public at Large,State 9f Ay ,County of My commission expires:_7/30 7E Personally Known:_'EO DILL.- ___ __ or I%nduied Idrulificatio:: If 1 BASSITA' PUBLIC OF NEW JERSEY omm. # 2436793MyCommissionExpires7/30/2023 Agenda Item #4.A. 05 Mar 2020 Page 76 of 216 rECEIVE FEB 13 ysl,yr,' City of Atlantic Beach 2020 APPLICATION NUMBER r'jBuilding Department To be assigned by the Building Department.)Y'v 800 Seminole Road 7 Atlantic Beach, Florida 32233-5445 E (G GG r00O5/ Phone(904)247-5826- Fax(904)247-58457l / u;sl/ E-mail: building-dept@coab.us Date routed: Z- t 3/ 2- O City web-site: http://www.coab.us APPLICATION REVIEW AND TRACKING FORM Property Address: t 9e) c Department review required Yes No E i dingy Applicant: L P_v P) l—QK(t1 C- t- Planning &Zoning J Tree Administrator Project:Ho C-NA. Cryubli c WorTs ' ublic Utilities--3 Public Safety Fire Services Review fee $ Dept Signature Review or Receipt Other Agency Review or Permit Required of Permit Verified By Date Florida Dept.of Environmental Protection Florida Dept.of Transportation St.Johns River Water Management District Army Corps of Engineers Division of Hotels and Restaurants Division of Alcoholic Beverages and Tobacco Other: APPLICATION STATUS Reviewing Department First Review: /Approved.I 'Denied. Not applicable Circle one.) Comments: BUILDING PLANNING&ZONING Reviewed bye ; AL _ , ,. _ . Date;, 73 2O TREE ADMIN. Second Review: Approved as revised. Denied. Not applicable PUBLIC WORKS Comments: PUBLIC UTILITIES PUBLIC SAFETY Reviewed by: Date: FIRE SERVICES Third Review: Approved as revised. Denied. Not applicable Comments: Reviewed by: Date: Revised 05/19/2017 Agenda Item #4.A. 05 Mar 2020 Page 77 of 216 PUBLIC WORKS PLAN REVIEW COMMENTS Date: 7-13-20 Application#: DEMoEV0 20 -0oo 5 Project Address: I q g Poi ase--I--h O. CONDITIONS OF APPROVAL TO PRINT ON PERMIT Check Box to Select All concrete driveway aprons must be 5" thick,4000 psi,with fibermesh from edge of pavement Driveway to the property line. Reinforcing rods or mesh are not allowed in the right-of-way. 0 Apron Commercial driveways—6"thick). Full erosion control measures must be installed and approved prior to beginning any earth Erosion disturbing activities. Contact the Inspection Line (247-5814)to request an Erosion and SedimentControl Control Inspection prior to start of construction. JOnsite All runoff must remain on-site during construction.Runoff Post Const. If on-site storage is required,a post construction topographic survey documenting proper TOPO construction will be required. All water runoff must go to retention area and retention overflow Survey must run to street. Pool Pool—Wellpoint(if used) must discharge into vegetated area 10' minimum from street or drainage 0 Wellpoint feature(swale,structure or lagoon). Roll off Roll off container company must be on City approved list. List can be obtained at the Building Container Department at City Hall. Roll off container cannot be placed on City right-of-way. ROW Restoration Full right-of-way restoration, including sod, is required. yI Utility Any utility cuts in the road must be repaired using CO1 Standard Detail Case X and must be overlaid 0 Road Cut 10'in each direction from the center of the cut. Repair must be shown on the plans. Construction Provide construction site management plan, including location of silt fence, dumpster, portable 0 Site Mgmt. toilet. Right-of-Way Permit is required if using right-of-way for construction parking. Runoff All runoff must remain on-site. Cannot raise lot elevation. 13/ Document Strongly suggest thorough documentation of impervious areas be recorded. 02( Impervious Slab Slab and driveway to be fully removed. Driveway Maximum Maximum driveway width within the City right-of-way is 20'. 0 Driveway Circular Maximum circular driveway width within the City right-of-way is 12'. 0 Driveway Grass Full site to be grassed. 0 TOPO Must provide a topographic (TOPO)survey with water retention for final CO Inspection. 0 Survey Revision Any plan change must be submitted as a Revision to the Building Department. 0 Fencing All old fencing and debris must be removed from job site by Contractor. 0 Removed Decking All old decking and debris must be removed from job site by Contractor.Removed Infra Any damage done to infrastructure must be repaired by Contractor. structure 0 Revised 12/16/19 Agenda Item #4.A. 05 Mar 2020 Page 78 of 216 City of Atlantic Beach Lien &Interest Calculation 198 Poinsettia February 25,2020 Fine Period November 26 through December 30, 2019 35 Days @ $125 per day 4,375.00 Interest 22.84 Total for Period 4,397.84 Fine Period December 31,2019 through February 3rd,2020 35 Days @ $375 per day 13,125.00 Interest 64. 73 Total for Period 13,189.73 Fine Period February 4th through February 7th,2020 4 days @ $500 per day 2,000.00 Interest 1.16 Total for Period 2,001.16 Total Due $ 19,588.73 Calculation by M. Burns-City of Atlantic Beach - Finance Department 904.247.5807 Agenda Item #4.A. 05 Mar 2020 Page 79 of 216 Page 80 of 216 Agenda Item #4.B. 05 Mar 2020 Page 81 of 216 9/ 24/2019 Property Appraiser-Property Details HITE JEFFREY A ET AL+ _ Primary Site Address Official Record Book/Page Tile# 1055 EAST COAST DR 1055 EAST COAST DR 16918-00318 9416 ATLANTIC BEACH, FL 32233 Atlantic Beach FL 32233 HITE JULIA A T/C 1055 EAST COAST DR Property Detail Value Summary RE# 170360-0000 Value Description 2018 Certified 2019 In Progress Tax Distinct USD3Value Method CAMA CAMA Property Use 0100 Single Family Total Building Value_ $341,438.00 347, 439.00 of Buildings 1 Extra Feature Value $0.00 0.00 For full legal description see Land Value(Market) $640, 800.00 640, 800.00 Legal Desc. Land&Legal section below Land Value(Agr c.) $0.00 0.00 a_ _ Subdivision 03112 ATLANTIC BEACH PARKWAY lust(Market)Value $982,238.00 988,239.00 Total Area 6885 Assessed Value $417,765.00 425,702.00 The sale of this property may result in higher property taxes.For more information go to kvve,Cap DiR/PortaWllty Amt $564,473.00/$0.00 $562, 537.00/$0.00 Our Homes and our Property Tax Estimator.'In Progress'property values,exemptions and WI PAffil $50,000.00 See below other supporting information on this page are part of the working tax roll and are subject to Taxable 367,765.00 See belowchange.Certified values listed in the Value Summary are those certified in October,but may include any official changes made after certification Learn how the PropertyAppraisers Office values property, 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 SJRWMD/FIND Taxable Value School Taxable Value Assessed Value 425,702.00 Assessed Value 425,702.00 Assessed Value 425, 702.00 Homestead(HX)25,000.00 Homestead(HX)25,000.00 Homestead(HX) 25,000.00 Homestead Banding 196. 031(1)(b)(HB) -$25,000. 00 Homestead Banding 196.031(1)(b)(HB) -$25,000.00 Taxable Value 400, 702.00 Taxable Value 375,702.00 Taxable Value 375,702.00 4. Sales History -_ Book/Page Sale Date iSale Price !Deed Instrument Type Code Qualified/Unqualified Vacant/Improved 16918-00318 9/3/2014 435,000.00 WD-Warranty Deed Unqualified Improved 16704-00764 2/27/2014 $100.00 MS-Miscellaneous Unqualified Improved 16415-01485 5/6/2013 100.00 MS-Miscellaneous Unqualified Improved 00134-00302 12/30/1899 $100.00 Unknown Unqualified Improved 4, Extra Features - No data found for this section 4. Land&Legal -- LlN I Code I Use Description I Zoning I Front I Depth I Category I Land Units Land Type I Land Value I I LN I nd Legal ILegal Description 11 10100 I RES LD 3-7 UNITS PER ACI ARS-1 180.00 1100.00 I Common 180.00 I Front Footage I$640,800.00 1 1 15-61 16-2S-29E 2 ATLANTIC BEACH PARKWAY PT LOT 41 3 N SFT LOT 3,LOT 4,S 25FT LOTS 5,6 4 BLK 2 4. Buildings - Building 1 Building 1 Site Address Element Code I Detail1055EASTCOASTDRUnit F-17--.Atlantic Beach FL 32233 Exterior Wall 14 114 Wood Shingle Roof Struct 3 3 Gable or Hip I_--I Building Type 0108-SFR CLASS 2 Roofing Cover 3 3 Asph/Comp Shng Year Built 2015 Interior Wall 5 5 Drywall liBuildingValue347,439.00 Int Flooring 11 11 Cer Clay Tile Int Flooring 12 12 Hardwood 7. I Gross Heated I Effective Heating Fuel 4 4 Electric H , L...,i, 11DPIAreaArea Area 1,... w..... Heating Type 4 4 Forced-Ducted I Base Area 2547 1 2547 2547 I Air Cond 3 3 Central Fin Screened 439 0 154Porch Finished Garage 552 0 276 I Element I Code I Detail FinishedBaths 3.000 Open Porch 120 0 36 Bedrooms 3.000 Total 3658 2547 3013 I Stories 1.000 Rooms/Units 1.000 https://paopropertysearch.coj.net/Basic/Detail.aspx?RE=1703600000 1/2 Agenda Item #4.B. 05 Mar 2020 Page 82 of 216 1055 East Coast Dr- Google Maps Page 1 of 2 Google Maps 1055 East Coast Dr Ap Is • tt. t 4 ,'4iK‘',.'%, ,, I 1 ''''''Y. Ar.,, , s. c. f..._. rim asp! IOL ..l' 1111 gut s Filigrignag,„ **or , y N tel!_' T __ lir r, . e r 4t. . A I -Z.'".6.may_ Google_` s. . • a • - Image capture:Dec 2018 ©2019 Google https://www.google.com/maps/place/1055+East+Coast+Dr,+Atlantic+Beach,+FL+32233/@30.33 57689,-81.3984427,3a,90y,78.3... 5/3/2019 Agenda Item #4.B.05 Mar 2020Page 83 of 216 0'-j-Inrit, CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD iii r'' S1 ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 r n V14 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7016 0910 0001 6799 4097 9/24/2019 HITE JEFFREY A ET AL 1055 EAST COAST DR ATLANTIC BEACH, FL 32233 Real Estate Number: 170360 0000 Case Number: 19-181 Location of Violation: 1055 EAST COAST DR, 15-61 16-2S-29E,ATLANTIC BEACH PARKWAY PT LOT 4,N 5FT LOT 3,LOT 4,S 25FT LOTS 5,6, BLK 2 Atlantic Beach, Florida Dear Property Owner: Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. A code enforcement inspection at 1055 EAST COAST DR was conducted on 9/23/2019. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: NATURE OF VIOLATION: On 5/1/2019 a Stop Work Order was posted on your property for unpermitted installation of pavers and unpermitted widening of the driveway. A permit application was submitted on 5/6/2019 and was denied. The driveway exceeds the 20ft maximum width permitted by code and Public Works has calculated the additional pavers increase the impervious surface area of the lot to 52.4%. This exceeds the impervious area permitted by code. VIOLATION CODE: 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. VIOLATION CODE: Sec. 19-7. Construction of driveways in rights-of-way. The construction of a new driveway in the city's right-of-way, or the modification of an existing driveway in a right-of-way, Agenda Item #4.B. 05 Mar 2020 Page 84 of 216 shall require a construction permit within city rights-of-way and easements. Said permit shall be issued subject to the following requirements: (a) The proposed driveway shall not create more than fifty (50) percent impervious area within the right-of-way. (b) Any permit issued shall be a revocable encroachment permit if any nonstandard driveway materials (i.e.,pavers) are installed in the right-of- way. If the city is required to do any utility or other work or repairs in a right-of-way which damages such nonstandard materials, the homeowner shall be responsible for repairs necessary to the materials. c) Any construction within the city's rights-of-way shall not adversely affect or restrict public parking in the rights-of-way. (d)No parking aprons shall be allowed in the city's rights-of-way along arterial through) streets listed in city Code subsection 21-17(h). (e)Any improvements in the city's rights-of- way that are not part of a driveway or sidewalk shall be constructed of turf block or other pervious material. (f)Maximum driveway width at the property line and through the right-of-way shall be twenty 20) feet. Maximum driveway width for circular drives shall be twelve (12) feet, and circular drives shall only be permitted on lots having at least one hundred-foot frontage. (g) Maximum driveway width at the property line and through the right-of-way for duplexes on a fifty-foot lot shall be a combined width for both driveways of twenty-four(24) feet. (h) Driveways that cross sidewalks. City sidewalks may not be replaced with other materials, but must be replaced with smooth concrete left natural in color so that it matches the existing and adjoining sidewalks. VIOLATION CODE: Sec. 24-105 (f) Building restrictions. Building restrictions within the RS-2 zoning district shall be: (1)Maximum impervious surface: Forty-five (45)percent. This letter requests that the noted violation(s) be corrected by submitting a corrected permit application to City of Atlantic Beach with a plan to correcting the driveway and impervious surface area violations within ten (10) days of the receipt of this notice. In accordance with Sec. 24-66 of the City of Atlantic Beach, you have the option to request a variance to the impervious surface limits. Applications for a variance must be made in accordance with Sec. 24-64. This application would be for the impervious surface overage and would not apply to the driveway exceeding 20 feet in width. Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at(904) 247-5855 if you have any questions or need additional information. I, C` hereby swear and affirm that the above statement is true and acc ue. S'• --rely, f Angela Iriza CODE ENFORCEMENT Agenda Item #4.B. 05 Mar 2020 Page 85 of 216 4-,,,,-::,-,,,,' ,'•..-.4-''''' •:.,;,4;'''''..'.,„,'""t".„:t.:,..... ..,'.` lir1 ',, ""` , k4,-,.,:"` -V"-c-i-,'''''' !"'•-'•::'''';,+: 47.-: 4.-',,.::"; #^ 1' - ''''''.' '' '•• i-,''':4'-bel1'" • • - i..,1 '•;.";,;,-,-.,n-4...'''••;7.,..:.,.„ ,•,:i''',"-, '14-',"<„,•,"-:"i.,:41.""'44,"11°." 1,01,!4"j• f-, '''.fl(?.!::'''' 1".! 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' ' -,k---...-H;-!'-'4' , ';:,-:'. 7.: 41111 - ,- . ..„ t Agenda Item #4.B.05 Mar 2020Page 86 of 216 USPS Tracking® FAQs > Track Another Package + Tracking Number: 70160910000167994097 Remove X Your item was delivered to an individual at the address at 5:27 pm on September 28, 2019 in ATLANTIC BEACH, FL 32233. G Delivered September 28, 2019 at 5:27 pm Q 0- Delivered, Left with Individual n ATLANTIC BEACH, FL 32233 77 Tracking History September 28, 2019, 5:27 pm Delivered, Left with Individual ATLANTIC BEACH, FL 32233 Your item was delivered to an individual at the address at 5:27 pm on September 28, 2019 in ATLANTIC BEACH, FL 32233. September 28, 2019 In Transit to Next Facility September 26, 2019, 5:49 pm Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Agenda Item #4.B. 05 Mar 2020 Page 87 of 216 September 25, 2019, 8:07 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. FAQs m m a o- a) C) Agenda Item #4.B. 05 Mar 2020 Page 88 of 216 Page 1 of 2 1-1..J-LV:rj,1 CODE ENFORCEMENT s} CITY OF ATLANTIC BEACH, FLORIDA ft v NOTICE OF HEARING s:tJ3tive 11/27/2019 Case Number: 19-181 HITE JEFFREY A ET AL Certified Mail Return Receipt: 1055 EAST COAST DR 70171000000070002573 ATLANTIC BEACH, FL 32233 Property Address: 1055 EAST COAST DR 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 January 9, 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 1055 EAST COAST DR, RE#170360 0000, 15-61 16-2S-29E, ATLANTIC BEACH PARKWAY PT LOT 4, N 5FT LOT 3,LOT 4,S 25FT LOTS 5,6, BLK 2. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances Sec. 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. 24-106 (f) Building restrictions. Building restrictions within the RS-2 zoning district shall be: 1)Maximum impervious surface: Forty-five (45) percent. Sec. 19- 7. Construction of driveways in rights-of-way. The construction of a new driveway in the city's right-of-way, or the modification of an existing driveway in a right-of-way, shall require a construction permit within city rights-of-way and easements. Said permit shall be issued subject to the following requirements: (a) The proposed driveway shall not create more than fifty (50) percent impervious area within the right-of-way. (b) Any permit issued shall be a revocable encroachment permit if any nonstandard driveway materials (i.e., pavers) are installed in the right-of-way. If the city is required to do any utility or other work or repairs in a right-of-way which damages such nonstandard materials, the homeowner shall be responsible for repairs necessary to the materials. (c) Any construction within the Agenda Item #4.B. 05 Mar 2020 Page 89 of 216 Page 2 of 2 city's rights-of-way shall not adversely affect or restrict public parking in the rights-of-way. (d) No parking aprons shall be allowed in the city's rights-of-way along arterial (through) streets listed in city Code subsection 21- 17(h). (e) Any improvements in the city's rights-of-way that are not part of a driveway or sidewalk shall be constructed of turf block or other pervious material. (f) Maximum driveway width at the property line and through the right-of-way shall be twenty (20) feet. Maximum driveway width for circular drives shall be twelve (12) feet, and circular drives shall only be permitted on lots having at least one hundred-foot frontage. (g) Maximum driveway width at the property line and through the right-of-way for duplexes on a fifty-foot lot shall be a combined width for both driveways of twenty-four(24) feet. (h) Driveways that cross sidewalks. City sidewalks may not be replaced with other materials, but must be replaced with smooth concrete left natural in color so that it matches the existing and adjoining sidewalks. STATEMENT OF CODE ENFORCEMENT OFFICER: On 11/26/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1055 EAST COAST DR. 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 5/1/2019 a Stop Work Order was posted on your property for unpermitted installation of pavers and unpermitted widening of the driveway. A permit application was submitted on 5/6/2019 and was denied. The driveway exceeds the 20ft maximum width permitted by code and Public Works has calculated the additional pavers increase the impervious surface area of the lot to 52.4%. This exceeds the impervious area permitted by code. 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—IZI , hereby swear and affirm that the above statement is t d accurate. U.S. Postal Service"' CERTIFIED MAIL° RECEIPT r, Domestic Mail Only Angela Irizarry, Ln For delivery information,visit our website at www.usps.com5.ru Code Enforcement Officer, City of Atlantic Beach O Certified Mail Fee ATT ST: D A - Extra Services&Fees(check box,add fee as appropriate) Return Receipt(hardcopy) $ Retum Receipt(electronic) $ Postmark D Certified Mail Restricted Delivery $ Here/ Adult Signature Required $ 0 Adult Signature Restricted Delivery$ O Postage Lon Diaz, Deputy City Clerk / o $ r„R, Total Postage and Fees S nt d 15.1iY1 St et Apt.No.,or Pb Box No. City,State,ZIP+4a Agenda Item #4.B. 05 Mar 2020 Page 90 of 216 Jai11IdHI '/!U a .4 City of Atlantic Beach NEOPOSTUHRST- Ces6- s MA IL 800 Seminole Road 11/27/1019 S POSTAGE 0111111AtlanticBeach, Florida 32233 666.6 7017 1000 0000 7000 2573 ' x 041M1 299654 i/t-t-\, 11/27/2019 Cass ' rs1XIE1 322 DE 1 0001/17 / 20 i RETURN TO SENDER 1 HITE JEFFREY A ET AL Cer U N C L.A z M E D 1055 EAST COAST DR 701' UNABLE TO FORWARD ATT ANTIC RFACFT FT. 19'"13 4*-'BC: 32233546199 0987-03270-17-19 4 =I k'5 4S1 liliiiliiiiiilinii1i11111ii11quili'iiilliiiiiiiiiiif 1111111 Agenda Item #4.B.05 Mar 2020Page 91 of 216 Irizarry,Angela From: Askew, Amanda Sent: Tuesday, December 10, 2019 10:27 AM To: Irizarry,Angela Subject: 1055 East Coast Drive #19-181 Attachments: IMG_0116.jpg; IMG_0115 jpg; IMG_0118.jpg; IMG_0117 jpg Per the homeowners request, I inspected 1055 East Coast Drive today related to case number#19-181. They have removed the pavers in the ROW and adjacent to their driveway. They have also removed the paver walkway from the driveway to the side yard and replaced with mulch. However, the extra pavers are stacked in the side yard behind the fence. 1 Agenda Item #4.B. 05 Mar 2020 Page 92 of 216 IAhili• y a F. alp l` r Ia i rk1 . 11„,y t...... J ti. . 4c., . 7- '1.. tt 5i". `m'4,0..0....,....i ,....„0 ,:_,,,p ryk s ., 4 Sxit 0 7i. P..? Agenda Item #4.B. 05 Mar 2020 Page 93 of 216 I 7I it44,_,..:7‘...''''''''''''''''µ a r 4 3P J st R t: 4PH' *yti { gyp, 'f 1 r - -i 4 s h i ' Agenda Item #4.B.05 Mar 2020 Page 94 of 216 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 2825 vs. Property Address: 1055 East Coast Drive Atlantic Beach, FL 32233 Jeffrey Hite, et al. 1055 East Coast Drive Atlantic Beach, FL 32233 Respondent. CASE NUMBER: 19-181 REAL ESTATE NUMBER: 170360-0000 LEGAL DESCRIPTION: 15-61 16-2S-29E, ATLANTIC BEACH PARKWAY PT LOT 4, N 5FT LOT 3, LOT 4,S 25FT LOTS 5,6 BLK 2 ORDER ON CASE NO. 19-181 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on January 9, 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 1055 East Coast Drive, Atlantic Beach, Florida. 2. Notice of the hearing was sent by Certified Mail. 3. Respondent did not appear at the hearing. 4. The Special Magistrate disclosed that he represents a company owned in part by Respondent. 5. No one objected to the Special Magistrate hearing the matter. 6. Petitioner presented evidence that Respondent had partially complied by removing some, but not all, of the pavers causing the violation. 7. A section of pavers at the front right of the driveway, as viewed from the street, still need to be removed. 8. The evidence presented indicated that Respondent might have had a good-faith belief that he was in compliance. 9. Petitioner recommended deferral of the matter. CONCLUSIONS OF LAW 10. Respondent's partial compliance and potential belief that he was in full compliance presents sufficient cause to defer the matter. Agenda Item #4.B. 05 Mar 2020 Page 95 of 216 ORDER 11. It is ORDERED that action on the request for a reduction of the accrued fine is deferred until the next regularly scheduled code enforcement hearings currently set for March 5, 2020 at 2:00 p.m. DONE AND ORDERED THIS 31 DAY OF JANUARY , 2020. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE 0.-ze s/ Jeb Branham ori Diaz, Deputy City rk Jeb T. Branham, Special Magistrate Executed this 31 day of January , 2020. PLEASE NOTE: Florida Statutes § 162.11, states that an appeal of this order shall be filed in circuit court within thirty (30) days of this order's eye.utuon. 0 IV 1 V) n m o o i o Z co O Z (.71 mill. D St °'o G 77 • ODD 6-' 3 O h a y mg, m o w Qt (D " Fp.O A o y m 0 .. 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O a 3 2 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions m N pi'n' 2 oo 000000 ga ni co Sac°coo>> E__ O C) • C C S m a» N rn 2 a e .1:1 • J -< dl ?2.?a 51 43 1 1 n ®ma3a Agenda Item #4.B. 05 Mar 2020 Page 96 of 216 Page 1 of 2 t! LNr CODE ENFORCEMENT A-- . CITY OF ATLANTIC BEACH, FLORIDA iff NOTICE OF HEARING r\0111 ' 2/21/2020 Case Number: 19-181 HITE JEFFREY A ET AL POSTED AT PROPERTY AND CITY HALL 1055 EAST COAST DR ATLANTIC BEACH, FL 32233 Property Address: 1055 EAST COAST DR 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 March 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 1055 EAST COAST DR, RE#170360 0000, 15-61 16-2S-29E, ATLANTIC BEACH PARKWAY PT LOT 4, N 5FT LOT 3,LOT 4,S 25FT LOTS 5,6, BLK 2. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6,Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances Sec. 19-7. Construction of driveways in rights-of-way. The construction of a new driveway in the city's right-of-way, or the modification of an existing driveway in a right-of-way, shall require a construction permit within city rights-of-way and easements. Said permit shall be issued subject to the following requirements: (a) The proposed driveway shall not create more than fifty (50) percent impervious area within the right-of-way. (b) Any permit issued shall be a revocable encroachment permit if any nonstandard driveway materials (i.e., pavers) are installed in the right-of-way. If the city is required to do any utility or other work or repairs in a right-of-way which damages such nonstandard materials, the homeowner shall be responsible for repairs necessary to the materials. (c) Any construction within the city's rights-of-way shall not adversely affect or restrict public parking in the rights-of-way. (d) No parking aprons shall be allowed in the city's rights-of-way along arterial (through) streets listed in city Code subsection 21-17(h). (e) Any improvements in the city's rights-of-way that are not part of a driveway or sidewalk shall be constructed of turf block or other pervious material. (f) Maximum driveway width at the property line and through the right-of-way shall be twenty (20) feet. Maximum driveway width for circular drives shall be twelve (12) feet, and circular drives shall only be permitted on lots having at least one hundred-foot frontage. (g) Maximum driveway width at the property line and through the right-of-way for duplexes on a fifty-foot lot shall be a combined width for both driveways of twenty-four(24) feet. (h) Driveways that cross sidewalks. City sidewalks may not be replaced with other materials, but must be replaced with smooth concrete left natural in color so that it matches the existing and adjoining sidewalks. Agenda Item #4.B. 05 Mar 2020 Page 97 of 216 Page 2 of 2 STATEMENT OF CODE ENFORCEMENT OFFICER: On 11/26/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1055 EAST COAST DR. 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. As of 2/21/2020 the additional pavers have been removed from the property. The driveway concrete banding in front of the home predates the construction of the existing house. 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,J,Zaire hereby swear and affirm that the above statement is true and urate. IIQaIri , CodeEnforce . . i 41 City of Atla is Beach ATTES : 0 \(()-V-- b al ' Lori Diaz, Deputy City Clerk Agenda Item #4.B. 05 Mar 2020 Page 98 of 216 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER HITE JEFFREY A ET AL 1055 EAST COAST DR ATLANTIC BEACH, FL 32233 VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES Sec. 19-7. Construction of driveways in rights-of- way. The construction of a new driveway in the city''s right-of-way, or the modification of an existing driveway in a right-of-way, shall require a construction permit within city rights-of-way and easements. Said permit shall be issued subject to the following requirements: (a) The proposed driveway shall not create more than fifty (50) percent impervious area within the right-of-way. (b) Any permit issued shall be a revocable encroachment permit if any nonstandard driveway materials (i.e., pavers) are installed in the right-of- way. If the city is required to do any utility or other work or repairs in a right-of-way which damages such nonstandard materials, the homeowner shall be responsible for repairs necessary to the VIOLATIONS Description: Unapproved Driveway Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 7/24/2019 Closed: Last Action: 3/20/2020 Fllw Up: 3/20/2020 Site Address: 1055 EAST COAST DR ATLANTIC BEACH, FL 32233 Site APN: 170360 0000 Officer: Angela Irizarry Details: Printed: Thursday, 27 February, 2020 1 of 5 CASE DETAILS Case Number 19-181 Agenda Item #4.B.05 Mar 2020Page 99 of 216 DRIVEWAY CONSTRUCTION Angela Irizarry 5/1/2019 materials. (c) Any construction within the city''s rights-of-way shall not adversely affect or restrict public parking in the rights-of-way. (d) No parking aprons shall be allowed in the city''s rights-of-way along arterial (through) streets listed in city Code subsection 21-17(h). (e) Any improvements in the city''s rights-of-way that are not part of a driveway or sidewalk shall be constructed of turf block or other pervious material. (f) Maximum driveway width at the property line and through the right-of- way shall be twenty (20) feet. Maximum driveway width for circular drives shall be twelve (12) feet, and circular drives shall only be permitted on lots having at least one hundred-foot frontage. (g) Maximum driveway width at the property line and through the right-of-way for duplexes on a fifty- foot lot shall be a combined width for both driveways of twenty-four (24) feet. (h) Driveways that cross sidewalks. City sidewalks may not be replaced with other materials, but must be replaced with smooth concrete left natural in color so that it matches the existing and adjoining sidewalks. Printed: Thursday, 27 February, 2020 2 of 5 CASE DETAILS Case Number 19-181 Agenda Item #4.B.05 Mar 2020Page 100 of 216 CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES STOP WORK ORDER POST Angela Irizarry 5/1/2019 5/1/2019 PERMIT APPLIED FOR Angela Irizarry 5/6/2019 5/6/2019 OTHER Angela Irizarry 5/9/2019 5/9/2019 Permit application denied. Driveway over 20'' wide at street and property over impervious surface area. NOV CERT Angela Irizarry 9/24/2019 9/24/2019 CHRONOLOGY Florida Building Code Angela Irizarry 5/1/2019 12/10/2020 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. Impervious Surface Angela Irizarry 5/1/2019 12/10/2020 (f) Building restrictions. Building restrictions within the RS-2 zoning district shall be: (1)Maximum impervious surface: Fifty (50) percent. Printed: Thursday, 27 February, 2020 3 of 5 CASE DETAILS Case Number 19-181 Agenda Item #4.B.05 Mar 2020Page 101 of 216 NOTICE OF HEARING Lori Diaz 11/26/2019 11/26/2019 MEETING WITH TENANT/OCCUPANT Amanda Askew 12/10/2019 12/10/2019 Amanda Askew, Planning Director visited site and verified unapproved pavers installed on the left side of the driveway were removed. CMRR STATUS UPDATE Angela Irizarry 12/25/2019 CODE ENFORCEMENT AGENDA Lori Diaz 1/2/2020 12/26/2019 CODE ENFORCEMENT ORDER Kim Flower 1/21/2020 1/31/2020 SCAN & UPLOAD EXECUTED ORDERS Kim Flower 1/24/2020 2/3/2020 NOTICE OF HEARING Kim Flower 1/25/2020 1/31/2020 Per CE Officer, this NOH was not sent. NOH POST AND AFF Angela Irizarry 2/21/2020 2/21/2020 Posted notice of hearing. Owners plan on attending. TELEPHONE CALL Angela Irizarry 2/21/2020 2/21/2020 Spoke with Mrs. Hite. Public Works has accepted driveway as is. Driveway apron exists from previous home at that site. Adding property to agenda to recommend owner be found in compliance. OTHER Angela Irizarry 2/21/2020 2/21/2020 Discussion with Public Works Director, Scott Williams. The concrete portion of the driveway apron is grandfathered. Public Works has accepted the driveway as it is in its current state. CODE ENFORCEMENT AGENDA Kim Flower 2/27/2020 2/27/2020 CODE ENFORCEMENT ORDER Kim Flower 3/17/2020 SCAN & UPLOAD EXECUTED ORDERS Kim Flower 3/20/2020 INSPECTIONS Printed: Thursday, 27 February, 2020 4 of 5 CASE DETAILS Case Number 19-181 Agenda Item #4.B.05 Mar 2020Page 102 of 216 INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI FINANCIAL INFORMATION Printed: Thursday, 27 February, 2020 5 of 5 CASE DETAILS Case Number 19-181 Agenda Item #4.B.05 Mar 2020Page 103 of 216 Page 104 of 216 3/29/2018 Print Preview Dispatch Information Request ID Number: 908 Request Location: Mealy St. and Dutton Date Printed: 3/29/2018 9:07:24 AM Island Road West Assigned to: White, Debbie 32233 Priority: Normal Request Type: Atlantic Beach Problem Reporting and Tracking Z l Mc.Q . Request Original Request Information Date Submitted: 3/26/2018 Original Notes:Abandoned,blighted property. This house on the corner of Mealy St. and Dutton Island has boarded up windows, dirt yard,tarped roof, and overall is a house that should be demolished or completed renovated. It brings down the property values of all homes in the area. Several months ago I wrote about it, and the response was that the estate was in probate. The neighborhood should not have to wait on this any longer before it is addressed. It';s been a disgrace for over 3 years. That is too long. Start Stop Work Performed f it 17 ` Total Time: Parts Used/Follow Up Needed Signature Date http://coab.us/common/admin/crt/printpreview.aspx?mode=workorder&requestid=908 1/1 Agenda Item #4.C. 05 Mar 2020 Page 105 of 216 lir ___ Duva1 County Public Records Search-Intemet Explorer p https://orduvaIderk.com _ .: . 1i sic..ea on re P'vOen.Y Oescnoco below and re taxpayer named below reat..ea sxamptlays)let a nonestead n he aggregate smart off $8.11963 .a 2005-2414 gook i Page 1 7344 578 Go arts) In atx Oland hoer 5196 011(9)(x). 5196161(1 Na)and S 193 155 F kma Statutes recce n rtereby gads ttat the resp l(s)named below was not tegaly witted to rece,ve sad eacmcbon sl or Instrument Number '2015243283 Go lrntat nio because sad persorys)deceased on June 28.2404 t The statutes prawlte 101 rersarery of u1, ad taxes by means of a ten.re udnp a S0%bendy and 15% rawest ret levy year(X teas*tern en prof 10 yeas tam On persons)WhO ryas nal meted ta.t SearchResults graniwl a tromestesd las ere ptce,This boo ewe Mat oorslauie a fen On ell reel{tree sy specAcaay ad3essed and tegaty cwted by sad tauyayer n en Sale Cl Fonda 1M1M1l e Johnson Estate ADDRESS 1921 Meay St 1,011 O/1 rr:UL u la ONLYRecordDate: 10/22/2015 Atlantic Beach FL 32233 1 0000w:opr3tTv USO3. 24.9217-2S-29E phRcE11Ot j Book Type: OR-Official Record,: DESCRwT1oa Lewd Subdrnsiorl Book I Page: 17344/578 N 498 La t N 498 o'E art tat 5 Bat 3 Tax Year/ ye I Amount of Penalty on Interest on Assessment Tax due Penalty an i-terest on TOTALInstrument2015243283Datetax , Va' exe^tpted . tax tax tax wridatron tram assessment.assessment Number: due I exempted exempted exempted value wrorglut limaabon ! YrrrtabOn (3.4.5• 1 assessment 7.8.9) 1 2 3 , 4 5 6 imrm 97b 8 Number Of 1 2014 525.000 $47839 $000 $000 $14.171 $27117 $000 $000 $749.56 Pages 2013 525 000 5480 76) $000 S0 00 $12 476 $239.92- $000 $000 $720.68 2012 —S25.000 $450 97 SO 00 SO 00 114.093 $254 22 SO 00 $000 $705 19 Doc Type: LN -LIEN 2011 525.000 6449 80 SO 00 SO 00 $16.698 $300 43 SO 00 50 00 $750.23 Grantor:DUVAL COUNTY PROPERTY APPRAISER 2010 25 000 $454 86 SO 00 $000 $20.418 5371 49 50 00 5000' $826 35 2009 525.000 $41589 SO 00 SO 00 525.5421 6424 91 $000 $000 $840 80 Grantee:JOHNSON WILLIE ESTATE 2008 25000 $405.05 $000 $000 530.0831 $48741 $000 $000 $89246 2007 525 000 S409 90 S0 00 $000; $28.6171 $469 21 S0 00 50 CO 587911 Consideration: 50.00 2006 525.000 5447 73 SO 00 50 00 525.211 $451 CO SO 00 SO 00 $898 23 CaseNumber: 2005 25.000- $45706 $000 S000 521,877 $39996 $000 $000 $857.02 Legal PT Ll PT L5 B3 food Description: LEWIS SD SOoa SO 00 of AUX 0 SOW Pages: 0 06 l 5000 Foreign Case 000 Number: 5409 Doclegals/ PT Li PT L5 B3 LEWIS SD SOCO_ sow? Parcel4: NOTICE TO COLLECTOR Ten$044 WIRY Mks to re were exerrlpled and a calnlatad homestead exemption Column 10 total $8.`11 valaeon The merest slat be based cn the taxes esenpled tom re date ti tan become due lot each assessment trxa satstaaThei Clof n s ben Tax Fees and costs paid by Hoperty Appraiser 20 OG Collector shad also collect arty lees and costs attch On Prcpe,ty Appraser or Fees and casts pad 5Y Tar Collector 0 OCinTaxCollectorhasmassedmfang1152ten.or oase[trtg sa,-+e. TOTAL DUE 58.139 63 thdw poles d ea.xry.t down,,rat I Nava raaa re brpon9 nctce d U.ten aro but the(70.5 YAW In 4 Ye true r prepared by$craw dew tun the Wale'hers OKSamSon leased or at rlJr¶11. +Cl ofnth PePe vas try ssomedye• CO 7 7 I1, S/u 10 2ri S Agenda Item #4.C.05 Mar 2020Page 106 of 216 Account Detail Page 1 of 2 e ii 1 A. Login Is for County Staff Only dei Property Tax Search i.r Account Detail Login lWelcome Account Detail r 1 Property Tax Search L J Search Results , Tangible Tax Search J r 1 Important Notice Local Business Tax Search J r Collection Cart 1 The information contained herein does not constitute a title search and should not be relied on as such.There may be additional L J balances that do NOT display on this website:unpaid liens,installment accounts or deleted accounts. r 1 Tax Collector Home l I To better serve property owners,homestead and other exemption-related liens filed by the Property Appraisers Office have been added to the Tax Collector's software.These exemption-releated liens are now viewable and payable online.These lien types may be researched at the Clerk of Courts website www.duvalclerk.com tt Property Tax Account Details Pay Current Taxes Account I Property Type Last Update I No Current Taxes. O \ 172352-0000 REAL ESTATE 9/22/2018 2:13:21 PM O JOHNSON WILLIE SITUS: JOHNSON WILLIE ESTATE 1921 MEALY ST 32233 Pay Delinquent Taxes PO BOX 5083 d JACKSONVILLE,FL Select a payment 32247 USD3 option: V Code Escrow Code 2017- $1,447.92 Legal Description I 2014- $749.55 24-92 17-2S-29E LEWIS SUBDIVISION N 49FT LOT 1,N 49FT OF E 3FT LOT 5 BLK 3 2013- $720.67 2012- $705.20 Nuisance and Demolition Liens 2011- $750.22 Nuisance and Demolition Liens ar T included in th operty Tax bill.These liens 2010- $826.35 must be paid separately.Plea call(904)255-7000 for i formation regarding these 2009- $840.80 specific lien types. No Nuisance or Demolition Uens Found CAI, 11 e 2008- $892.46 S Om 00 2007- $879.10 Q.-1 S 2006- $898.23 Property Tax Bills 2005- $877.01 Tax Year I Folio I Owner Name I Amount Due I I ADD TO CART 2017 1345492.0000 JOHNSON WILLIE ESTATE 1,447.92 2016 ) 1343758.0000 JOHNSON WILLIE ESTATE 0.00 2015 ) 1342109.0000 JOHNSON WILLIE ESTATE 0.00 Cart:$0.00 2014 ) 1335638.0001 JOHNSON WILLIE 749.55 2014 1335638.0000 JOHNSON WILLIE 0.00 2013 ) 1334018.0001 JOHNSON WILLIE 720.67 TotalI $9,587.51 https://fl-duval-taxcollector.publicaccessnow.com/propertytaxsearch/accountdetail.aspx?p... 9/26/2018 Agenda Item #4.C. 05 Mar 2020 Page 107 of 216 Account Detail Page 2 of 2 Tax Year 1 Folio (( Owner Name Amount Due 2013 1334018.0000 JOHNSON WILLIE 0.00 2012 ) 1333760.0001 JOHNSON WILLIE 705.20 2012 ) 1333760.0000 JOHNSON WILLIE 0.00 2011 1333273.0001 JOHNSON WILLIE 750.22 2011 1333273.0000 JOHNSON WILLIE 0.00 2010 ) 1333560.0001 JOHNSON WILLIE 826.35 2010 ) 1333560.0000 JOHNSON WILLIE 0.00 2009 ) 1333212.0001 JOHNSON WILLIE 840.80 2009 1333212.0000 JOHNSON WILLIE 0.00 2008 ) 1332088.0001 JOHNSON WILLIE 892.46 2008 1332088.0000 JOHNSON WILLIE 0.00 2007 ) 1331877.0001 JOHNSON WILLIE 879.10 2007 ) 1331877.0000 JOHNSON WILLIE 0.00 2006 ) 1300172.0001 JOHNSON WILLIE 898.23 2006 1300172.0000 JOHNSON WILLIE 0.00 2005 ) 1298654.0001 JOHNSON WILLIE 877.01 2005 3 1298654.0000 JOHNSON WILLIE 0.00 2004 3 1291423.0000 JOHNSON WILLIE 0.00 TotalI $9,587.51 Unpaid Tax Certificates Tax Folio Certificate CertificateCertificate TDA Year Year Number Holder Name Number 2017 1345492.0000 2018 20809.000 CYPRESS TAX 0 LLC Copyright 2018 by Thomson Reuters Privacy Statement Terms Of Use v. https://fl-duval-taxcollector.publicaccessnow.com/propertytaxsearch/accountdetail.aspx?p... 9/26/2018 Agenda Item #4.C. 05 Mar 2020 Page 108 of 216 Property Appraiser- Property Details Page 1 of 2 , JOHNSON WILLIE ESTATE,Primary Site Address Official Record Book/Page Tile# PO BOX 5083 1921 MEALY ST 04996-00237 9417 JACKSONVILLE, FL 32247 Atlantic Beach FL 32233 1921 MEALY ST Property Detail Value Summary RE# 172352-0000 2017 Certified 2018 In Progress, Tax District USD3 Value Method CAMA CAMA Property Use 0100 Single Family Total Building Value $50,473.00 49,525.00 of Buildings 1 Extra Feature Value $0.00 0.00 For full legal description see Land Value(Market) $30,576.00 24,843.00 Legal Desc. Land&Legal section below Land Value(Agric.l $0.00 0.00 Subdivision 03139 LEWIS S/D Just(Market)Value $81,049.00 74,368.00 Total Area 3895 Assessed Value $62,485.00 68,733.00 The sale of this property may result in higher property taxes.For more information go Cap Diff/Portability Amt $18,564.00/$0.00 $5,635.00/$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 $62,485.00 See below certified in October,but may include any official changes made after certification Learn how the Property Appraiser's Office values property. 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 SJRWMD/FIND Taxable Value School Taxable Value No applicable exemptions No applicable exemptions No applicable exemptions Sales History Book/Page (Sale Date I Sale Price Deed Instrument Type Code Oualified/Unqualified Vacant/Improved 04996-00237 111/2/1979 I$19,800.00 WD-Warranty Deed Unqualified Improved Extra Features .J No data found for this section i'. Land&Legal Land Leal Land Land LN Legal Description LN Code Use Description Zoning Front Depth Category Units Land Type Value 1 24-92 17-2S-29E Front 1 0101 ACS MD 8 19 UNITS PER ARG 49.00 78.00 Common 49.00 Footage $24,843.00 2 LEWIS SUBDIVISION 3 N 49FT LOT 1,N 49FT OF E 3FT LOT 5 4 BLK 3 Buildings Building 1 Building 1 Site Address Element Code Detail 1921 MEALY ST Unit Atlantic Beach FL 32233 Exterior Wall 26 26 Alum/Vinyl Roof Struct 3 3 Gable or Hip Building Type 0101-SFR 1 STORY Roofing Cover 3 3 Asph/Comp Shng BAS Year Built 1963 Interior Wall 5 5 Drywall Building Value $49,525.00 Int Flooring 14 14 Carpet Int Flooring 8 8 Sheet Vinyl Gross Heated Effective Heating Fuel 4 4 ElectricTvceAreaAreaArea Heating Type 3 3 Frcd Not Ductd J Base Area 864 864 864 Air Cond 2 2 Wall Unit Finished Open 15 0 4Porch Total 879 864 868 Element Code Stories 1.000 Bedrooms 12.000 Baths 11.000 I Rooms/Units 11.000 I http://apps.coj.net/pao propertySearch/Basic/Detail.aspx?RE=1723520000 4/19/2018 Agenda Item #4.C. 05 Mar 2020 Page 109 of 216 CODE ENFORCEMENT VIOLATION ACTION TRACKING - CASE #: I C% DATE CLOSED: NOTES: FIRST INSPECTION: 4 /( 7 O ACTION: NOV REG ;, SOV CERT NOV POST SECOND INSPECTION: ACTION: 0 NOV REG 0 NOV CERT 0 NOV POST THIRD INSPECTION: ACTION: NOV REG 0 NOV CERT 0 NOV POST PROPERTY ADDRESS OF VIOLATION: 1 Z- ( G0_l L V PROPERTY OWNER: \k) I t i e- O k (VS O r ES cct-e SEND LETTER(S)TO: (Please check (J) and explain all that apply) OFFICER: Deborah White 2( PROPERTY OWNER AT: 0 ADDRESS (ABOVE) Ji DIFFERENT MAILING ADDRESS AS FOLLOWS: P C Dix 5683 322-47 O TENANT(NAME) AT THE FOLLOWING ADDRESS: VIOLATION(S): (Please check (J) and explain all that apply) O IPMC:SECTION(S) O AB CODE: SECTION(S) O SAME AS ATTACHED NOTICE OF VIOLATION(( DATED: REMEDY FOR COMPLIANCE: t A_A0e.D C C Q- e A DC aSn( 1L- G-r SOCA (n L©o.S . d L ' • ' O REMOVE BOAT,CAMPER,TRAILER,JET SKI'S STORED IN YARD/RIGHT OF WAY O CEASE STORING BOAT, CAMPER,TRAILER,JET SKI'S STORED IN YARD/RIGHT OF WAY O REMOVE ROTTING/COLLAPSING FENCE O REMOVE DISCARDED HOUSEHOLD ITEMS STORED IN YARD O REMOVE INOPERABLE/UNLICENSED VEHICLE(S) STORED IN YARD/RIGHT OF WAY lVIOWING THE YARD/VACANT LOT YS SPECIAL INSTRUCTIONS: O Mail copy of Notice to: Agenda Item #4.C. 05 Mar 2020 Page 110 of 216 1r6 CITY OF ATLANTIC BEACH as 11.1s 800 SEMINOLE ROAD I r) ATLANTIC BEACH,FL 32233 NoPHONE (904)247-5800 s3 / POSTED ON PROPERTY AND ATLANTIC BEACH CITY HALL 6/5/2018 JOHNSON WILLIE ESTATE P.O. BOX 5083 JACKSONVILLE, FL 32247 Real Estate Number: 172352 0000 Case Number: 18-113 Location of Violation: 1921 MEALY STREET, 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) IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however,this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. This letter requests that the noted violation(s) be corrected by repairing windows, roof, fascia, soffit and loose siding,and mowing lawn within ten(10)days of the 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. Sin e ely, Tom Gindlesperger CODE ENFORCEMENT Agenda Item #4.C. 05 Mar 2020 Page 111 of 216 rj 1-`''-1-- rJ 3 CITY OF ATLANTIC BEACH o' 1w J 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 PHONE (904)247-5800 rt rliil 975 liy, f.. -:t: r CERTIFIED MAIL RETURN RECEIPT REQUESTED 70170660000038566610 WILLIE JOHNSON ESTATE P.O. BOX 5083 JACKSONVILLE, FL 32247 Real Estate Number: 172352 0000 Case Number: 18-113 Location of Violation: 1921 MEALY STREET, 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) IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. This letter requests that the noted violation(s) be corrected by repairing windows, roof, fascia, soffit and loose siding, and mowing lawn within thirty (30) days of the 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. Agenda Item #4.C. 05 Mar 2020 Page 112 of 216 0 CERTIFIED MAIL® e ., " City of Atlantic BeachIII I li ii°' I pneoost° FIRST-CLASS MAIL o 4' i 800 Seminole RoadI 04/20/2018 y V~ Atlantic Beach, Florida 32233 US POSTAGE .V70 L46%, Ac, la, 0 1 0660 0000 3856 6610 ZIP 32233 Q,IX\e 041L11240784 OOa) W o U O iT!? _ 7Q,V 1 /000UUVUUJ83000. 20180) ..-2,3 ml 0 WILLIE JOHNSON ESTATE RETURN TO SENDER i 71 P.O. BOX 5083 N C, 4* M E DO >~ is€ti ABLE T O ;O °ir r`+w R DoJACKSONVILLEFL32247 rLIN ,B 32233546 99 1738- 94e13- 20- 415a ;c y p j a ya a@ t g32..7.435.' f .. 4 1/1Y,4illiffljffhillipi ipilli,19#F {ii 1,11i iOillip,ll ! L i SSS i b 5 xQ s.... 0 o N w Ni iUgp y CS v 4 E m o y , cC 3 v bbp o O a 3 . „=t a'r 3 N Z ,7 W0asat o ".o W a D,3It CO . O O ...1 O g m N W LIII;;i;iII0 Tl N O 0 O V C7 W c, 5: .T S ALLs cr ¢ n CL I— testi -. Cd 12),-7 ,2 „,' W Z a iuEE8m15 a ;m co U B00000$ $ 0 o n Kn` ; a 0T99 959E 0000 0990 z'IOZAgenda Item #4.C.05 Mar 2020Page 113 of 216 1-ism-r, e, CITY OF ATLANTIC BEACH sty 800 SEMINOLE ROAD c)ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 1,01319 POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 18-113 Pursuant to Chapter 162, Florida Statutes and Sec. 2-147, City of Atlantic Beach City Code of Ordinances, I, Deborah White, Code Enforcement Officer, City of Atlantic Beach, hereby affirm a Notice of Violation, a copy of which is attached, was mailed regular mail and was posted at the following locations: 1) Date Posted: O 1 Location: 1921 ME• LY ST,Atlantic Beach, Florida i 2) Date Posted: CSS L Z- 1. ( 7) Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 44 Illk AL on' Gindle . • ler,-CO-Cie En i c> I ent County of Duval State of Florida The foregoing Affidavit was acknowledged before me this day of 20 , by Toni Gindlesperger,who is personally known to me as Code Enforcement for the City of Atlantic Beach. Person taking acknowledgement: Notary Stamp/Seal) Notary Public, State of Florida 1 V,99 c\ G Agenda Item #4.C. 05 Mar 2020 Page 114 of 216 White, Debbie From: Amy Crane <amycrane85@comcast.net> Sent: Wednesday,June 20, 2018 9:07 AM To: White, Debbie V Subject: Code Compliance Question l Hi Ms. White -- I submitted a citizen complaint about the property at the southwest corner of Mealy Rd. and Dutton Island Road West approximately two years ago. The response I received indicated that the property was perhaps in probate...or tied up through an estate situation, I believe. Today, the house still stands empty, with boarded up windows, a broken chain link fence, an overgrown dirt yard, etc. On more than one occasion, I have stopped to pick up the trash that litters the yard. Can you please tell me what the status is on that house? It clearly should be removed or majorly renovated. The nature of my complaint is twofold. It is situated on the corner of a road that people are using to travel to a wonderful community asset: Dutton Island Preserve.Secondly, a good deal of development is taking place around it, and it really brings down the efforts of the residents living in the area. I'd greatly appreciate an update. Many thanks -- Amy Crane (904-536-0216) 1 Agenda Item #4.C. 05 Mar 2020 Page 115 of 216 CODE ENFORCEMENT BOARD r CITY OF ATLANTIC BEACH, FLORIDA r NOTICE OF HEARING Ji3,9~ 8/1/2018 Case Number: 18-113 JOHNSON,WILLIE ESTATE Certified Mail Return Receipt: P.O. BOX 5083 70171000000069910407 JACKSONVILLE,FL 32247 Property Address: 1921 MEALY ST 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 September 11, 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 1921 MEALY ST,RE#172352 0000, 24-92 17-2S-29E LEWIS SUB N 49FT LOT 1,N 49'OF E 3'LOT 5 BK3. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12)inches.All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 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. Agenda Item #4.C. 05 Mar 2020 Page 116 of 216 ATTEST: 44 Or Donna L. Bartle, City Clerk IIIVernentToniGindlesperger, Code E U.S. Postal Service`" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information,visit our website at www.usps.com®. Q" Certified Mail Fee a Extra Servicess&Fees(check box,add fee as appropriate) Return Receipt(hardcopy) $ 0 Return Receipt(electronic) $ Postmark Certified Mail Restricted Delivery $ Here O 0 Adult Signature Required $ Adult Signature Restvcted Delivery$ O Postage O $ Total Postage and Fees N Sent T 1 Street and Apt. o., 116.1N6. N L`ity,state,ZIP+46 PS Form 3800 A•ril 2015 PSN 7530.02-000-9047 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3. A. Sig _ lyPrintyournameandaddressonthereverseX 0 Agent so that we can return the card to you. Addressee Attach this card to the back of the mailpiece, B. Rece' • b (Pureed e C. Date of Delivery 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: No bv1i K) 1 ?-113 N cu ti I 111 I III 111111IIIII I I I 111 I I I I I I 3. Service Type 0Priority Mail Express® 0 Adult Signature 0 Registered Mail'. 0 Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 2997 7094 0521 50 0 Certified Mail® Delivery 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number(Transfer from service lahe)l 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation"" Mail 0 Signature Confirmation 7 017 1000 0000 6991 0407 alI Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Agenda Item #4.C. 05 Mar 2020 Page 117 of 216 lAj fJv CODE ENFORCEMENT BOARD J` s * CITY OF ATLANTIC BEACH, FLORIDA J V Vsa NOTICE OF HEARING 8/10/2018 Case Number: 18-113 JOHNSON,WILLIE ESTATE Certified Mail Return Receipt: P.O.BOX 5083 70171000000069910483 JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST 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 September 11, 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 1921 MEALY ST,RE#172352 0000,24-92 17-2S-29E LEWIS SUB N 49FT LOT 1,N 49'OF E 3'LOT 5 BK3. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12)inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 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. Agenda Item #4.C. 05 Mar 2020 Page 118 of 216 ATTEST: I 4,4., ;J /JiL C' CE J ' j er ,er Code Enfor•''nt Donna L. Bartle, City Clerk Toni Gindlesp g U.S. Postal Service fT1 RECEIPT Domestic Mail Only usps.com"' jjivejtormapjtjjCERTFIED MAILat wwW 0 a it check box,add ap„mpnate) 13 Extra _rvices&Fees( ardcoPY) Postmark CA 0 Retum Receipt(h Return Receipt( electronic) $ Here cenreed Mal Restnctad Delivery $ r:30 nature ReOuired $-gdutt Sig gdutt Signature Restricted Delivery$- in C3 Total postage and Fees NSent • rq O Siiee and" or Pb l o. City,State,ZIP+4. PS Form 3800,Aril 2015 PSN 7530-02-000- 9047Reverse for Instructions SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION OP!DELIVERY Complete items 1,2, and 3.Also complete A. Sign.t£ 4r1item4ifRestrictedDeliveryisdesired. Agent Print your name and address on the reverseX _Addressee so that we can return the card to you. B. R ed Print d C. Date of Delivery Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Sbk\ SAN M— 1 Ic—‹ 1 [ CA 3. Service Type 0 Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise nd Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) Yes 9 art ir,io rd..,,.,...- 7017 1000 0000 6991 0483 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Agenda Item #4.C. 05 Mar 2020 Page 119 of 216 11;J. . CODE ENFORCEMENT BOARD r) ,- 1.1` CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 8/27/2018 Case Number: 18-113 JOHNSON WILLIE ESTATE POSTED ON PROPERTY AND P.O. BOX 5083 ATLANTIC BEACH CITY HALL JACKSONVILLE,FL 32247 Property Address: 1921 MEALY ST 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 September 11, 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 1921 MEALY ST, RE#172352 0000,24-92 17-2S-29E LEWIS SUB N 49FT LOT 1,N 49'OF E 3'LOT 5 BK3. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12)inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 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. Agenda Item #4.C. 05 Mar 2020 Page 120 of 216 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: 41‘110.4-tet. i /1 4.. 41. pair Donna L. Bartle, City Clerk Toni Gindlesperger, Code Enforcem:r t I Agenda Item #4.C. 05 Mar 2020 Page 121 of 216 i rL JrJ J, CITY OF ATLANTIC BEACH Is' iii; 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 1.44.01119>' POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 18-113 Pursuant to Chapter 162, Florida Statutes and Sec. 2-147, City of Atlantic Beach City Code of Ordinances, I, Toni Gindlesperger, 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: 8/a 7 ( 5 Location: 1921 MEALY ST,Atlantic Beach,Florida 0 2) Date Posted:0 Z7 '0 Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTI .ACH, FL 32233 G"-- ,.--94. -C1V-11111• Toni Gindlesperger, Code Enforce ii nt County of Duval State of Florida The foregoing Affidavit was acknowledged before me this Z / day of 141)0.A 20 15, by Toni Gindlesperger,who is personally known to me as Code EnforceOjnt for the City of Atlantic Beach. eizia iPersontakingacknowledgement: Notary Stamp/Seal) Notary Public, State of Florida 01 •,;DEBORAH A.WHITE t • MY COMMISSION a FF 191513 w' EXPIRES: 21,2019 Eos Bonded Thru Notary Public Underwriters Agenda Item #4.C. 05 Mar 2020 Page 122 of 216 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH, FLORIDA, Petitioner vs. JOHNSON, WILLIE ESTATE, Respondent P.O. BOX 5083 Property Address: 1921 MEALY ST JACKSONVILLE, FL 32247 ATLANTIC BEACH, FL Case Number: 18-113 Real Estate Number: 172352 0000 Legal Description: 24-92 17-2S-29E LEWIS SUB N 49FT LOT 1,N 49'OF E 3'LOT 5 BK3 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on September 11, 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 1921 MEALY ST,Atlantic Beach, Florida. 2. That notice was sent by Posting and that Respondent was not present at the hearing. However, great granddaughter Shaina DeSisso, 1037 Regas Dr. S., Atlantic Beach, Florida was present and spoke 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. 4. That a witness, Shaina DeSisso, informed the Board of the situation after the death of Willie Johnson. 5. Case needs to be continued. CONCLUSIONS OF LAW THAT Board orders the case be continued. 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: The case is continued to November 28, 2018. e re- 5 MQ-L-3 DONE AND ORDERED THIS September 11, 2018. 30 7 2e Agenda Item #4.C. 05 Mar 2020 Page 123 of 216 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ATTEST: a1141 et at/id:et' Donna L. Bartle, City Clerk By: BiezAtZIluna, Chairman Executed this I day of 2018. 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. Agenda Item #4.C. 05 Mar 2020 Page 124 of 216 Page 1 of 2 yA.Ptrj J, CODE ENFORCEMENT BOARD c) 4s f CITY OF ATLANTIC BEACH, FLORIDA 3 . :1 e, NOTICE OF HEARING J;,19f" 10/18/2018 Case Number: 18-113 JOHNSON, WILLIE ESTATE Certified Mail Return Receipt: P.O. BOX 5083 70171000000069910605 JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST 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 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E LEWIS SUB N 49FT LOT 1,N 49'OF E 3'LOT 5 BK3. International Property Maintenance Code / City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. PMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12)inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 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. Agenda Item #4.C. 05 Mar 2020 Page 125 of 216 C) a 0 0 0 7017 1000 0000 6991 0605 o H o o 0 0 op sv01-3 CD c v rn ae, m.n A) I?i 5- n x N tZ % E y'.S cG •'' N Sy O r .v 6? ? a m c n c H CD r. c. O 0 m W 3 w m N a ; 3? K 3 mcn ed 0 co 0 N 8 a a m ;Y 1D 3 cn y m N 51 c m o a'y I " 7 CD n O CD Ri 0 JJ DJ m n.T ID- i 1 ,,..p ,... ,.., H S $ gVa pv 0 (-17'O OqI8tq . i. F CD O 05 u O ( M Cr m o co 0 nmO0 O O G; O CD oO n A) CA 0 C s.cD rn N C CD O a P I-h tn ly COMPLETE THIS SECTION ON DELIVERY O 1: c E• 0 0SENDER: COMPL. Tyrs SECTION cam. Complete items 1,2,and 3. A Signa Il C3 t i Agent O O 0 Print your name and address on the reverse X Addressee m O m so that we can return the card to you. wi- _C. Date of 0 cd o ¢;Ived I' nt Delivery Attach this card to the back of the mailpiece, o .. or on the front if space permits. Q- -o gQ 1. Article Addressed to: D. Is delivery address• erent from item 1? 0 Yes co co If YES,enter delivery address below: ID No 4 CD CD D;1-ii\i01\) \b— X1 o NO \"k CD CeDr sv II i llllll IIII III I II I IIII I I I II 111111111111 03. 0 Adulice Type t SSignature 0 Priority Mail ignature Restricted Delivery 00 Registered Registered Mss® Restricted CD CD C CD CD -h 9590 9402 2997 7094 0520 82 certified Mall® cep ODelivery O Certified Mall Restricted Delivery Return Receipt for Collect on Delivery Merchandise 0 Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM 0 Insured Mall 0 Signature Confirmation 017 1000 0000 6991 0605 0 insured Mail Restricted Delivery Restricted Delivery over$500)Agenda Item #4.C.05 Mar 2020Page 126 of 216 jCODE• ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA I NOTICE OF HEARING 11/14/2018 Case Number: 18-113 JOHNSON WILLIE ESTATE POSTED ON PROPERTY AND P.O. BOX 5083 ATLANTIC BEACH CITY HALL JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST 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 1921 MEALY ST, RE#172352 0000, 24- 92 17-2S-29E LEWIS SUB N 49FT LOT 1,N 49'OF E 3'LOT 5 BK3. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 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. Agenda Item #4.C. 05 Mar 2020 Page 127 of 216 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: A')-zzrz-et, QA/ Donna L. Bartle, City Clerk Angela Irizarry, Code Enforcem Agenda Item #4.C. 05 Mar 2020 Page 128 of 216 CITY OF ATLANTIC BEACH rj F 800 SEMINOLE ROAD O ATLANTIC BEACH,FL 32233 V 2 v~ PHONE (904)247-5800 3.21>'" POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 18-113 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: Hi/5-12 0i Location: 1921 MEALY ST,Atlantic Beach, Florida 2) Date Posted: it // 2 O/g Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 Angela Iriz. r • , Code Enfor• •m;nt al County of Duval State of Florida The foregoing.Affidavit was acknowledged before me this / Sfh day of NO err her^ 20 /0 , by Angela Irizarry,who is personally known to me as Code Enforcement for the City of Atlantic Beach. Person taking acknowledgement: G'a of Stamp/Seal) Notary Public, State of Florida o DONNA L.BARTLE 4.)....N.\: MY COMMISSION#GG 078627 ia •; EXPIRES:May14,2021 f es.''.•` Bonded Thru Notary Public Underwriters 4 Agenda Item #4.C. 05 Mar 2020 Page 129 of 216 Page 1 of 2 A'`Jfjo CODE ENFORCEMENT BOARD s.',; CITY OF ATLANTIC BEACH, FLORIDA r NOTICE OF HEARING J;110 11/29/2018 Case Number: 18-113 JOHNSON, WILLIE ESTATE Certified Mail Return Receipt: P.O. BOX 5083 70171000000069910964 JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST 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 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E LEWIS SUB N 49FT LOT l,N 49'OF E 3'LOT 5 BK3. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 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. Agenda Item #4.C. 05 Mar 2020 Page 130 of 216 Page 2 of 2 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: 1167j\Cl2( Lori Diaz, Records Cler Angela IrZury, Code Enfo ent SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELI'/ERY Complete items 1,2,and 3. A. Sign. u IIPrint your name and address on the reverse Xsothatwecanreturnthecardtoyou. rdirApi/ /OP pr Agent II Attach this card to the back of the mailpiece,B ed ., -r ad C. Addressee C. Date of Deliveryoronthefrontifspacepermits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 YesIfYES,enter delivery address below: No 111111111111 III I 11 311 II 111111111111 1 111 III du risSi 9ultu Pr eRestricted Delivery Reg ereda M rens® 9590 9402 2997 7094 0517 71 Certified Mail® Registered Mall Restricted Certified Mall Restricted DeliveryCollectonDelivery Return Delivery MerchadiReceipt for Merchandise2. Article Number(Transfer from service label) Collect on Delivery Restricted Delivery 0 Signature Confirmation*"1017 1000 0 0 6991 0964 0 Insured Mail 0 Insured Mail Restricted PSDelivery 0 Signature Confirmation over$Spp Restricted Delivery PS Form 3811,July 2015 N 7530-02-000-9053 Domestic Return Receipt Agenda Item #4.C. 05 Mar 2020 Page 131 of 216 12/26/2018 USPS.com®-USPS Tracking®Results FAQs > (https://www.usps.com/fags/uspstracking-faqs.htm)USPS Tracking® Track Another Package + Tracking Number: 70171000000069910964 Remove X Your item was delivered at 9:02 am on December 13, 2018 in JACKSONVILLE, FL 32207. U.S. Postal Service'" f Delivered CERTIFIED MAIL° RECEIPT Domestic Mail Only December 13, 2018 at 9:02 am 1: 1- 0 For delivery information,visit our website at www.usps.com5'. Delivered JACKSONVILLE, FL 32207 rl o- Certified Mail Fee Q $ D Get Updates \/ 0 Extra Services&Fees(check box,add fee as appropriate) Q Return Receipt(hardcopy) $ P Q Return Receipt(electronic) $ Postmark 0 Certified Mail Restricted Delivery $ Here 0 Adult Signature Required $ Adult Signature Restricted Delivery$ p Postage Text & Email Updates o $ v Total Postage and Fees 11.' Tracking History Streetanc 4 o.,or ffoxNo. City,&tate,ZIP+44 PS Form 3800,A•ril 2015 PSN 7530-02-000-9047 See Reverse for Instructions December 13, 2018, 9:02 am Delivered JACKSONVILLE, FL 32207 Your item was delivered at 9:02 am on December 13, 2018 in JACKSONVILLE, FL 32207. Reminder to Schedule Redelivery of your item December 7, 2018, 1:55 pm Available for Pickup JACKSONVILLE, FL 32207 December 7, 2018, 1:55 pm Arrived at Unit https://tools.usps.com/go/TrackConfirmAction?tLabels=70171000000069910964 1/3 Agenda Item #4.C. 05 Mar 2020 Page 132 of 216 12/26/2018 USPS.com®-USPS Tracking®Results JACKSONVILLE, FL 32207 December 4, 2018 In Transit to Next Facility November 30, 2018, 10:07 pm Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER November 29, 2018, 10:15 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information CD CD See Less /\v Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs (https://www.usps.com/faqs/uspstracking-faqs.htm) https://tools.usps.com/go/TrackConfirmAction?tLabels=70171000000069910964 2/3 Agenda Item #4.C. 05 Mar 2020 Page 133 of 216 Page 1 of 2 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH, FLORIDA, Petitioner vs. JOHNSON WILLIE ESTATE, Respondent First Class and Certified Mail Return Receipt P.O. BOX 5083 Requested: 70171000000069911022 JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST ATLANTIC BEACH,FL Case Number: 18-113 Real Estate Number: 172352 0000 Legal Description: 24-92 17-2S-29E LEWIS SUB N 49FT LOT 1,N 49'OF E 3'LOT 5 BK3 ORDER CONTINUING CASE 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 no representative for the Estate of Willie Johnson appeared at the hearing. 2. That notice was sent by Posting. 3. The new owner of the property appeared. His name is Desmond Demps Brooks. Mr. Allan Winter, attorney, appeared with Mr. Brooks as his attorney and provided additional testimony. 4. That notification of the violations of the City of Atlantic Beach,was made and served on the Respondent as evidenced in this hearing. 5. As a result of new ownership, case needs to be continued. CONCLUSIONS OF LAW THAT the case be continued until the January 8, 2019 meting. 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 case is continued to January 8, 2019. DONE AND ORDERED THIS November 28, 2018. Agenda Item #4.C. 05 Mar 2020 Page 134 of 216 7017 1000 0000 6991 1022 v. -.i E. m e» n 11. Cr '"'' b CD 01 r-i 0-4 d m w w a z O n C 7 N CD y 174ilksarncno ir H co N m d d 3 m. a s "-mD F oa m a a P P.w II 0 5 , Cr1 a H a P a D g $ " in m 3 -n 4. rn n Z .5'"' N v o V" r s a a B o o p c p a , 3 o' m — X 0 C o 0cp`r " S S g g 5 , o; 3 0 (n n ;S CrJ O / t V oV o o r co a lb CI Iv xS, CD I cig m 2 w Ivi CA A • C:) F .;* 0 r.t., I:, it. 5)+, ilikmIMI y r oo C4 1 o (D d iN y o0 . CD a x 0 a e- 0 v O 90 SENDER: CO PLETE TrlIS SECTION COMPLETE THIS SECTION ON DELIVERY O Complete items 1,2,and 3. A. Signet ,_ CZ .JQ Print your name and adt>h,)ss on the reverse x f/ _,i el Agent 0 so that we can return the card to you. el ill"' Addressee moi Attach this card to the back of the mailpiece, B. -rr•'- '' ' if ame C. Date of Delivery yoronthefrontifspacepermits. d l~ 1. Article Addressed to:C. Is de address different from item 1? 0 Yes 0' c UNES, dee* delivery address below: No l" Z CJv'= L IEC 2 2018 nn tri 03. Adult Service T 0 Priority Mail Express® 1 \\11111111111111111111111 11111111111 0 Adult Sign ieStricted Delivery 00 Registered Malin" Registered Mail Restricted ery H r 9590 9402 2997 7094 0518 25 0 i' 3victed Delivery ReturnReceipt for O 0 Collect ery Merchandise 9- Arfirin M„mke..T....-s------ -- • • ••Ilea ery Restricted Delivery 0 Signature ConfimiatlonTM 7 017 3,000 0000 6991 1022 ure 0 Signature Confirmation ure sstricted Delivery Restricted Delivery I (over PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt i Agenda Item #4.C.05 Mar 2020Page 135 of 216 0.,:vi,-,- R CODE ENFORCEMENT BOARD ii:; CITY OF ATLANTIC BEACH, FLORIDA 01119%' NOTICE OF HEARING 1/30/2019 Case Number: 18-113 JOHNSON WILLIE ESTATE Certified Mail Return Receipt: P.O. BOX 5083 70171000000069911237 JACKSONVILLE,FL 32247 Property Address: 1921 MEALY ST 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. 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. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on March 12,2019 at 6:00 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 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E, LEWIS SUBDIVISION, N 49FT LOT 1,N 49FT OF E 3FT LOT 5, BLK 3 International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions.Roof water shall not be discharged in a manner that creates a public nuisance. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. STATEMENT OF CODE ENFORCEMENT OFFICER: On 1/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1921 MEALY ST. 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: House is in need of repairs to include roof, soffit, fascia, loose siding and windows. 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 Page 1 of 2 Agenda Item #4.C. 05 Mar 2020 Page 136 of 216 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 iln, ,(G : Ze 0rr---f hereby swear and affirm that the above statement is true and aCcurate. IIc.;,1 or 1Ili gela I *Z , Code E ement Officer;Cit of Atlantic Beach ATTEST: t c.i.:..z--- Cli i. ir Lori Diaz, Records Clerk 4111 U.S. Postal Service'"" CERTIFIED MAIL° RECEIPT r` m Domestic Mail Only ri For delivery information,visit our website at www.usps.com5. rl p"' Certified Mail Fee 0 $ a Extra Services&Fees(check box,add fee as appropriate) O 0 Return Receipt(hardcopy) $ Return Receipt(electronic) $ Postmark t Certified Mail Restricted Delivery $ Here ci 0 Adult Signature Required $ Adult Signature Restricted Delivery$ O Postage O $ Total Postage and Fees r-.4 c3 Ap7.Na,or PO Box Na i— City,State,ZIP+4• PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Page 2 of 2 Agenda Item #4.C. 05 Mar 2020 Page 137 of 216 0 .1t4o- 1City of Atlantic Beach 1 11 1 III Ill 1 1 ,rEsIo3072 os- r19POSTAGE$ 0FIR0ST- CLA8SS 0MA0IL 800 Seminole Road4.1 Atlantic Beach, Florida 32233 Arti 1"- ZIP 32233 7 0 1 7 1000 0000 6 9 9 1 1 2 041M11299654 A \ JI Ld•-•A... vw.vv a•..auw.,v.• ... 91 fOHNSON WILLIE ESTATE Cer NI_ ;:1-.E z ,.. P.O. BOX 5083 701 RETURN TO SENDER U ttr-! 4,7M-F-21 tJACKSONVILLE, FL 32247 U N ABLE TO FOR WARD PrA4c 3 CI 32233546199 0538-049437-31-46 Iil. 0 1:i-;::•::-.:ii-.::Spipi3t*,,,•Nfti 61 rillithilliquiliwddIdiriiirliiiiii1igitihiti1]1111.13 II Agenda Item #4.C.05 Mar 2020Page 138 of 216 2/27/2019 USPS.com®-USPS Tracking®Results FAQs ) (https://www.usps.com/fags/uspstracking-faqs.htm)USPS Tracking® Track Another Package -I- TrackingTracking Number: 70171000000069911237 Remove X This is a reminder to arrange for redelivery of your item or your item will be returned to sender. Delivery Attempt Reminder to Schedule Redelivery of your item Get Updates \/ n CD CD n e- Text & Email Updates Tracking History Reminder to Schedule Redelivery of your item This is a reminder to arrange for redelivery of your item or your item will be returned to sender. February 12, 2019, 10:27 am Available for Pickup JACKSONVILLE, FL 32247 February 12, 2019, 10:26 am Arrived at Unit JACKSONVILLE, FL 32207 February 10, 2019 In Transit to Next Facility https://tools.usps.com/gorrrackConfirmAction?tLabels=70171000000069911237 1/3 Agenda Item #4.C. 05 Mar 2020 Page 139 of 216 2/27/2019 USPS.com®-USPS Tracking®Results February 6, 2019, 3:24 am Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER January 31, 2019, 11:13 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information u See Less " Can't find what you're looking for?cpCDQ Go to our FAQs section to find answers to your tracking questions. FAQs (htps://www.usps.com/fags/uspstracking-faqs.htm) The easiest tracking number is the one you don't have to know. https://tools.usps.com/go/TrackConfirmAction?tLabels=70171000000069911237 2/3 Agenda Item #4.C. 05 Mar 2020 Page 140 of 216 CODE ENFORCEMENT BOARD t1 CITY OF ATLANTIC BEACH,FLORIDA NOTICE OF HEARING 2/28/2019 Case Number: 18-113 JOHNSON WILLIE ESTATE POSTED ON PROPERTY AND P.O. BOX 5083 ATLANTIC BEACH CITY HALL JACKSONVILLE,FL 32247 Property Address: 1921 MEALY ST 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. 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. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on March 12,2019 at 6:00 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 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E, LEWIS SUBDIVISION, N 49FT LOT 1,N 49FT OF E 3FT LOT 5,BLK 3. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. STATEMENT OF CODE ENFORCEMENT OFFICER: On 1/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1921 MEALY ST. 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: House is in need of repairs to include roof, soffit, fascia, loose siding and windows. 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. Agenda Item #4.C. 05 Mar 2020 Page 141 of 216 2Ct I `"I hereby swear and affirm that the above statement is true and accurate. Angela Iriz , Code Enforcement Officer, City of Atlantic Beach ATTEST: 0tLoriDiaz, Records Clerk Agenda Item #4.C. 05 Mar 2020 Page 142 of 216 CITY OF ATLANTIC BEACH zt\ 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 yr PHONE (904) 247-5800 JF31 r NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 18-113 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: Z1Z-11 Lai Location: 1921 MEALY ST,Atlantic Beach,Florida 2) Date Posted: Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 0 Angela Co nforce II en County of Duval State of Florida The foregoing Affidavit was acknowledged before me this day of ma(C} 20 9 , by Angela Irizarry,who is personally known to me as Code Enforcement for the City of Atlantic Beach. Person taking acknowledgement:itcy3LLNotaryStamp/Seal) Notary Public, State of Flori it :: LORI ova z MY COMMISSION 8 GG 278336 eco= SIRES:November 13,2022 Bonded Thu McWY Pubic llnde mllera Agenda Item #4.C. 05 Mar 2020 Page 143 of 216 S.:L‘lf` Page 1 of 2 al -414 OW, CITY OF ATLANTIC BEACH, FLORIDA inA s NOTICE OF HEARING tart c-P 5/31/2019 Case Number: 18-113 JOHNSON WILLIE ESTATE Certified Mail Return Receipt: P.O. BOX 5083 70171000000069911459 JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST 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 11,2019 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 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E, LEWIS SUBDIVISION, N 49FT LOT 1,N 49FT OF E 3FT LOT 5, BLK 3. 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 IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. STATEMENT OF CODE ENFORCEMENT OFFICER: On 5/30/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1921 MEALY ST. 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: House is in need of repairs to include roof, soffit, fascia, loose siding and windows. Agenda Item #4.C. 05 Mar 2020 Page 144 of 216 Page 2 of 2 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, F'\r\QC.-\cz. V k f(hereby swear and affirm that the above statement is true and agate. Angela I 1 ::\'''N1?- 5).---- Code Enforcement Officer, City of Atlantic Beach f ` Q — o i l"'1 , 4 g - n z 0 2 - NJ ( 0 = m 88 5P o m ATTEST: a -':. 14 7D 03 til 3 O a - r m m '` m C) JA -2L 0 ..... i, c D O ttttttttttttt-. 72Lva‘O N o m o m w nNDrNi5/ w 5/t.. y Lori Diaz, Records Clerk f FA D 3 8 . tea' t-i7 co .....4 =.- mw fpO a ? Z D u 0 l cam- •,--, (1 w Cn D 2 CO tt V y • to p cn a 0 — 00 y O a 7 0 0-. p SOM o A N — d 2 i6o L , i T R. m E' a) m U.S. Postal ServiceTM c V) CERTIFIED MAILS RECEIPT E L' Domestic Mail Only 000000P tri b'S 'igg' P W p 0Fordeliveryinformation,visit our website at www.usps.com®. Els-»»5 y xi w 8 00$-8.>>" mm Zi Er Certified Mail Fee Er s ??g t E e rr Q ama :'1 Extra Services&Fees(check box,add fee as appropriate) a m a g 6- 10? matiD Retum Receipt(hardcoPY) $ a a i5/. C, 1 mReturnReceipt(electronic) $4 toDPostmarkC) D AdrtifiSd Mau eestricted Delivery $ Hera m Ql OD Adult Signature Resricte $ F .Zm O-. Adutt Signature Restricted Delivery$ D Postage D $0 c' s\\ iE z O D Total Postage and Fees y 7$v 3m 5/717 33-o ` , Um j n liegg0Z..a \1 ` fa 0 m ZIt` Sent To m t D $beet(dAp r"pCj fox No. ii 3,3,ifl- City,State,ZIP+4 i o'Zy I 7 7 m PS Form 3800,April 2015 PSN 7530-02-000-904a7See m See Reverse for Instructions Agenda Item #4.C. 05 Mar 2020 Page 145 of 216 Page 1 of 2 SLAN:r1,..,CODE ENFORCEMENT j CITY OF ATLANTIC BEACH, FLORIDAs0 j NOTICE OF HEARING Pt DEIFY? 7/26/2019 Case Number: 18-113 JOHNSON WILLIE ESTATE Certified Mail Return Receipt: P.O. BOX 5083 70171000000069911886 JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on September 5, 2019 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 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E, LEWIS SUBDIVISION, N 49FT LOT 1,N 49FT OF E 3FT LOT 5, BLK 3. 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 IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC Sec. 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. STATEMENT OF CODE ENFORCEMENT OFFICER: On 7/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1921 MEALY ST. 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: House is in need of repairs to include roof, soffit, fascia, loose siding and windows. At the July 11, 2019 Special Magistrate hearing, an order was issue to repair the home within 30 days. To date, no permit applications have been received to begin repairs. Agenda Item #4.C. 05 Mar 2020 Page 146 of 216 Page 2 of 2 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, 4 2C&f hereby swear and affirm that the above statement is true and accurate. Angela Iri ': y, Code Enforce ie Officer(' ATTEST: Cait Lori Diaz, Records Clerk U.S. Postal Servicee" CERTIFIED MAIL® RECEIPT Domestic Mail OnlycO r r9 For delivery information,visit our website at www.usps.com®. r9 p^ Certified Mail Fee Er Extra Services&Fees(check box,add fee as appropriate) Return Receipt(hardcopy) $ O Return Receipt(electronic) $ Postmark El Certified Mail Restricted Delivery $ Here 0 Adult Signature Required $ Adult Signature Restricted Delivery$ O Postage Total Postage and Fees 1-9 1-9 Ser 1 r1 L - %\3OstreetandApt.No.,or PO Box No. City,State,ZIP+4i PS Form 3800,April 2015 PSN 7530.02-000-9047 See Reverse for Instructions Agenda Item #4.C. 05 Mar 2020 Page 147 of 216 pA"Mkjot City of Atlantic Beach NEOPOST FIRST CLASS MAIL 800 Seminole Road4. 07/26/2019 $006 80°10.I 111 I 1AtlanticBeach, Florida 32233 US POSTAGE s ,i 1. q\__ky- 7017 1000 0000 6991 1886 III ! 4041M11299654 t,i0c I 7/26/2019 Case Number: 18 NI XI E. 322 DE 1 0008 /.13/19 JOHNSON WILLIE ESTATE RETURN TO SENDER P.O. BOX 5083REFUSED7UNA3LETO FORWARD 1 JACKSONVILLE, FL 32247iteF L; y i ...ii 4 .L ti ty * 6535-06357-26-40 k A Gi.4 7}JE"61 a111119111111111111i1i111ii111111, ivii111111111ful ii11j111i111 66 Agenda Item #4.C.05 Mar 2020Page 148 of 216 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER IMPOSING FINE/LIEN CITY OF ATLANTIC BEACH,FLORIDA,Petitioner vs. JOHNSON, WILLIE ESTATE,Respondent First Class and Certified Mail Returnn Rece' P.O. Box 5083 Requested:7 /7 /a 0 OAU b / /S 4/ JACKSONVILLE, FL 32247 Property Address: 1921 MEALY STREET ATLANTIC BEACH,FL Case Number: 18-113 Real Estate Parcel Number: 172352 0000 Legal Description: 24-92 17-2S-29E LEWIS SUB N 49FT LOT 1,N 49'OF E 3'LOT 5 BK3 ORDER IMPOSING FINE ON CASE NO. 18-113 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on July 11,2019, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters issues the Findings of Fact,Conclusions of Law and Order as follows: FINDINGS OF FACT 1. Respondent Estate owns or controls the property located at 1921 Mealy Street,Atlantic Beach, Florida. 2. Notice of the hearing was provided by certified mail. 3. No one appeared for the Respondent at the hearing. 4. Notification of the violations of the Code of Ordinances of the City of Atlantic Beach was made and served on the Respondent as evidenced in this hearing. 5. Respondent previously appeared at code enforcement hearings held on September 11,2018 and November 28,2018, after which the matter was continued. 6. The violations of the Code of Ordinances set forth in the notices have not been corrected and continue to exist as of this hearing date despite ample time for correction. 7. Disrepair of the roof and gutters, the presence of high weeds, and the presence of cracked or broken window glazing all exist on the property as of the date of the hearing. CONCLUSIONS OF LAW 8. The Respondent's property is NOT IN COMPLIANCE with the Code of Ordinances of the City of Atlantic Beach due to the disrepair of the roof and gutters, the presence of high weeds, and the presence of cracked or broken window glazing. 9. These conditions violate International Property Maintenance Code §§ 304.7, 302.4, and 304.13.1 which has been adopted in Atlantic Beach by Atlantic Beach Code of Ordinances § 6-120. Agenda Item #4.C. 05 Mar 2020 Page 149 of 216 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 the Code of Ordinances for non-compliance and must obtain compliance on or before August 10, 2019. Failure to comply on or before August 28, 2019 will result in fines of$250.00 for the first day and $250.00 for every day thereafter that 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 on or before August 28,2019. THAT failure to pay all accumulated fines will result in a lien being placed against the property at 1921 Mealy Street for the total assessment plus costs incurred for the filing of the lien. All lien amounts will incur an interest rate of ten(10)percent per annum from date of certification until paid. DONE AND ORDERED ON JULY2 2019. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: rrL40,{: iaz, Recor s Cl J-,T. Branham, Special Magistrate Executed thiH Day of 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. U.S. Postal Service`' CERTIFIED MAIL° RECEIPT Domestic Mail Only u'1 For delivery information,visit our website at www.usps.como. rl Q' Certified Mail Fee U' $ Extra Services&Fees(check box,add fee as appropriate) 0 Return Receipt(hardcopy) $ _ 0 Return Receipt(electronic) $ Postmark Certified Mail Restricted Delivery $ Here El Adult Signature Required $ Adult Signature Restricted Delivery$ l Postage Total Postage and Fees P`- Sent TO \ l) t a _ \`-0 Street and Apt.No.,or fox No. pity,State,2!P+44 PS Form 3800,April 2015 PSN 7530-02-oo0-9047 See Reverse for Instructions Agenda Item #4.C. 05 Mar 2020 Page 150 of 216 wNk 7'. NEOPOST FIRST-CLASS M IL City of Atlantic Beach w 800 Seminole Road 07/30/2019 QQ G 0 Atlantic Beach, Florida 32233 US POSTAGE P 6 8- r 7017 1000 0000 6991 1541 :' • 233 4 : 041MP 299654 JOHNSON, WILLIE ESTATE, Respondent Firer f Iacc and I J// P.O. Box 5083 NIXIE 322 DE 1 7211/08/19 JACKSONVILLE, FL 32247 RETURN TO SENDER REFUSED UNABLE TO FORWARD BC: 32233546199 1538-05036-31-40 3 359P €i1 i'IllIInIInllhIliiiiiiII;llliIIi1iiiiiiiiiiiiiI'Ii'lIIIJiIItIiI Agenda Item #4.C.05 Mar 2020Page 151 of 216 Page 1 of 2 1'CODE ENFORCEMENT A ' CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING r - 7/26/2019 Case Number: 18-113 JOHNSON WILLIE ESTATE Certified Mail Return Receipt: P.O. BOX 5083 70171000000069911886 JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on September 5, 2019 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 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E, LEWIS SUBDIVISION, N 49FT LOT 1,N 49FT OF E 3FT LOT 5, BLK 3. 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 IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC Sec. 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. STATEMENT OF CODE ENFORCEMENT OFFICER: On 7/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1921 MEALY ST. 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: House is in need of repairs to include roof, soffit, fascia, loose siding and windows. At the July 11, 2019 Special Magistrate hearing, an order was issue to repair the home within 30 days. To date, no permit applications have been received to begin repairs. Agenda Item #4.C. 05 Mar 2020 Page 152 of 216 Page 2 of 2 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, h + lQ Q. 2. r'1 hereby swear and affirm that the above statement is true and accurate. Angela Iri.v , Code Enforce iffr Officer(' ATTEST: Lori Diaz, Records Clerk Agenda Item #4.C. 05 Mar 2020 Page 153 of 216 4 A, City of Atlantic Beach NEOPOST FIRST CLASS MAIL it q 800 Seminole Road07/26/2019 40 Atlantic Beach, Florida 32233 US POSTAGE$006.80- ZIP 3223370171000000069911886 ' 041M11299654qi\ffut9(10 rif/ / i 7/26/2019 Case Number: 18 NIA . .. 3 2 2 DE 1 0008/13,/19 1 JOHNSON WILLIE ESTATE RETURN TO SENDER P.O. BOX 5083 REFUSED 7 UNABLE TO FORWARD I JACKSONVILLE, FL 32247 ire e nL. izzli a19y 0338-00357-2S-40 P 22473- 8381 I'irllr llrtlilil l hiiiiiiniirirlil'f'(1ridnrioudrrrlllr 1 Agenda Item #4.C.05 Mar 2020Page 154 of 216 i y''Jr CITY OF ATLANTIC BEACH 5ii 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 f` NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 18-113 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: q, 1) Date Posted: 12-1\ l Location: 1921 MEALY ST, Atlantic Beach, Florida 2) Date Posted: Th122—\ CI Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 0 Am, Angela Irizarode Enforce I, •nt 4111AI County of Duval State of Florida The foregoing Affidavit was acknowledged before me this a day of6Ui 71- 20 , by Angela Irizarry,who is personally known to me as Code Enforcement Por the City of Atlantic Beach. Y. Person taking acknowledgement: 1 ill • -Notary Stamp/Seal) Noi Public, State o fig ida MY COMMISSION#OG 276336 14-'4:-pA EXPIRES:November 13.2022 Vi_? eoi te: Bonded Tin Notary PMC UndetwRns Agenda Item #4.C. 05 Mar 2020 Page 155 of 216 SLy ,. CODE ENFORCEMENT 4*,IA S) CITY OF ATLANTIC BEACH, FLORIDAIr' NOTICE OF HEARING t X3,3 !.) 8/22/2019 Case Number: 18-113 JOHNSON WILLIE ESTATE POSTED ON PROPERTY AND P.O. BOX 5083 ATLANTIC BEACH CITY HALL JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on September 5 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 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E, LEWIS SUBDIVISION, N 49FT LOT 1,N 49FT OF E 3FT LOT 5, BLK 3. 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 IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. STATEMENT OF CODE ENFORCEMENT OFFICER: On 7/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1921 MEALY ST. 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: House is in need of repairs to include roof, soffit, fascia, loose siding and windows. At the July 11, 2019 Special Magistrate hearing, an order was issue to repair the home within 30 days. To date, no permit applications have been received to begin repairs. 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 Agenda Item #4.C. 05 Mar 2020 Page 156 of 216 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. 4.I, Q 1e , 2( jr( hereby swear and affirm that the above statement is true an ccurate. Angela Irizarry, Code Enforcement Officer, City of Atlantic Beach ATTEST: Ain.c. baz Lori Diaz, Records Cid Agenda Item #4.C. 05 Mar 2020 Page 157 of 216 Page 1 of 2 j;L`lrJf CODE ENFORCEMENT sslCITY OF ATLANTIC BEACH, FLORIDA Jr: NOTICE OF HEARING 9/27/2019 Case Number: 18-113 JOHNSON WILLIE ESTATE Certified Mail Return Receipt: P.O. BOX 5083 70171000000069911930 JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST 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 7, 2019 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 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E, LEWIS SUBDIVISION, N 49FT LOT 1,N 49FT OF E 3FT LOT 5, BLK 3. 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 IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC Sec. 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. STATEMENT OF CODE ENFORCEMENT OFFICER: On 7/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1921 MEALY ST. 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: House is in need of repairs to include roof, soffit, fascia, loose siding and windows. At the July 11, 2019 Special Magistrate hearing, an order was issue to repair the home within 30 days. To date, no permit applications have been received to begin repairs. Agenda Item #4.C. 05 Mar 2020 Page 158 of 216 Page 2 of 2 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, V CN hereby swear and affirm that the above statement is true and a VC-L- 32\ a Angela Iriz.s , Code Enforcemen S cer i ATTEST: 0_1:Acs _JVVI Lori Diaz, Records Clerk U.S. Postal Service'"" CERTIFIED MAIL° RECEIPT m Domestic Mail Only Qra- For delivery information,visit our website at www.usps.com''. r-OFFICIAL F- Certified Mail Fee jExtra Services&.ees(check box,add fee as appropriate) Return Receipt(hardcopy) $ Return Receipt(electronic) $ Postmark 0 Certified Mail Restricted Delivery $ Here O 0 Adult Signature Required $ Adult Signature Restricted Delivery$ p Postage O $ Total Postage and Feesr-4 or TS 1 l PRN S et and No.,or Pb Box No. N City,State,ZIP+44 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Agenda Item #4.C. 05 Mar 2020 Page 159 of 216 e"*.4 Ci of Atlantic Beach sTCity FIRST-CLASS MAIL 800 Seminole Road 11 1 111 111111111111 2019 r_r. .rt>;,., Atlantic Beach, Florida 32233 r V 11 : POSTAGE 006.80— L WrIt:ZIP32233C 7017 1000 0000 6991 1041M11299654 P ___y v k) \9/27/2019 c.—Ns.rwahor• 1R_ NIXIER- NIXIE 322 DE 1 7211/08/19 JOHNSON WILLIE ESTATE C RETURNETO SENDER IP.O. BOX 5083 7f UNAELE TO FORWARD TACKSONVTT.T.F. FT. 17947 EC: 32233546199 2787-00537-08-25 3=4TY4.3` 'i4+g11 u'IISpildmq4.11.1dppludillwhhHhijorn Agenda Item #4.C.05 Mar 2020Page 160 of 216 USPS Tracking® FAQs > Track Another Package + Tracking Number: 70171000000069911930 Remove X Your item was refused by the addressee at 10:42 am on October 10, 2019 in JACKSONVILLE, FL 32207 and is being returned to the sender. Alert cp October 10, 2019 at 10:42 am 0_ Refused v n JACKSONVILLE, FL 32207 x Get Updates \/ Text & Email Updates v Tracking History n October 10, 2019, 10:42 am Refused JACKSONVILLE, FL 32207 Your item was refused by the addressee at 10:42 am on October 10, 2019 in JACKSONVILLE, FL 32207 and is being returned to the sender. October 2, 2019 In Transit to Next Facility September 28, 2019, 12:49 am Departed USPS Regional Facility I Agenda Item #4.C. 05 Mar 2020 Page 161 of 216 JACKSONVILLE FL DISTRIBUTION CENTER September 27, 2019, 10:29 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 CD Q CT a> ox FAQs Agenda Item #4.C. 05 Mar 2020 Page 162 of 216 t. ' i.L' rly CITY OF ATLANTIC BEACHgif800SEMINOLEROAD jam,,.0 ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 18-113 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: 112-S--/IC) Location: 1921 MEALY ST,Atlantic Beach, Florida 2) Date Posted: t f 2 I) Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 Ci Angela Ir. ft,Code Enforce County of Duval State of Florida The foregoing Affidavit was acknowledged before me this c day of U 20 ICI , by Angela Irizarry,who is personally known to me as Code Enforcement for the City of Atlantic Beach. Person taking acknowledgement: Notary Stamp/Seal) I Notary Public, State of Florid 44;:i„,,...,+: MY C01.611SSIOR I GG 276336 1 November Npet 13,2022 pubicU derva1ws Agenda Item #4.C. 05 Mar 2020 Page 163 of 216 Page 1 of 2 1!..j1'1 _ CODE ENFORCEMENT i CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING ii3s-fir 10/25/2019 Case Number: 18-113 JOHNSON WILLIE ESTATE POSTED ON PROPERTY AND P.O. BOX 5083 ATLANTIC BEACH CITY HALL JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST 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 7, 2019 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 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E, LEWIS SUBDIVISION, N 49FT LOT l,N 49FT OF E 3FT LOT 5, BLK 3. 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 IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions.Roof water shall not be discharged in a manner that creates a public nuisance. IPMC Sec. 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing.All glazing materials shall be maintained free from cracks and holes. STATEMENT OF CODE ENFORCEMENT OFFICER: On 7/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1921 MEALY ST. 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:House is in need of repairs to include roof, soffit, fascia, loose siding and windows.At the July 11, 2019 Special Magistrate hearing, an order was issue to repair the home within 30 days. To date, no permit applications have been received to begin repairs. Agenda Item #4.C. 05 Mar 2020 Page 164 of 216 Page 2 of 2 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, e.C,. k ,hereby swear and affirm that the above statement is true and acc te. 1 Ii1i_ i..,..a. Angela Irizarry de Enforcement 0% er ATTEST: Nrki_. t]. ,) Lori Diaz,Records Clerk Agenda Item #4.C. 05 Mar 2020 Page 165 of 216 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner, First Class and Certified Mail Return Receipt Requested: 70171000000070002733 vs. Willie Johnson Estate Property Address: 1921 Mealy Street 1921 Mealy Street Atlantic Beach, FL 32233 Atlantic Beach, Florida 32233 Respondent. CASE NUMBER: 18-113 REAL ESTATE NUMBER: 172532 0000 LEGAL DESCRIPTION: 24-92 17-2S-29E, LEWIS SUBDIVISION N 49FT LOT 1, N 49FT OF E 3FT LOT 5 BLK 3 ORDER ON CASE No. 18-00000113 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on November 7, 2019, 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 1921 Mealy Street, Atlantic Beach, Florida. 2. Notice of the hearing was sent by Certified Mail. 3. Respondent did not appear at the hearing. 4. On July 30, 2019, the Special Magistrate issued an order imposing fines of$250 per day beginning on August 28, 2019, if compliance was not achieved by that date. 5. Mr. Desmond Demps has informed the City that he has obtained title to the property from Respondent or is otherwise now responsible for the property. 6. On September 16, 2019, Mr. Demps, left a voicemail with the Code Enforcement Officer that said he had been in the hospital since July 16, 2019. 7. Mr. Demps indicated he was being released on from the hospital November 4, 2019. 8. City did not oppose a deferral of the matter until the next regularly scheduled code enforcement hearings due to Mr. Demps's hospitalization. CONCLUSIONS OF LAW 9. Mr. Demps's hospitalization presents sufficient cause to defer the matter. Agenda Item #4.C. 05 Mar 2020 Page 166 of 216 ORDER 10.Action on the matter is deferred until the next regularly scheduled code enforcement hearings set for January 9, 2020 at 2:00 p.m. DONE AND ORDERED THIS 27 DAY OF NOVEMBER 2019. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: d1C)-(9I ' 1,14.t________ Lori Diaz, Deputy 4Jerk Jeb T. am, Special Magistrate L/ Executed this 27 day of November, 2019. PLEASE NOTE: Florida Statutes § 162.11 states that an appeal of this order shall be filed in circuit court within thirty(30) days of this order's execution. U.S. Postal Service" CERTIFIED MAIL° RECEIPT m Domestic Mail Onlym r- For delivery information,visit our website at www.usps.com®.ru O Certified Mail Fee In $ Extra Services&Fees(check box,add fee as appropriate) O Return Receipt(Hardcopy) $ la [' Return Receipt(electronic) $ Postmark 0 0 Centred Mail Restricted Delivery $ Here I= Adult Signature Required $ Adult Signature Restricted Delivery$ O Postage O $ rrq Total Postage and Fees N Sent T ee and Apt.No.,or t5box No. City,State,ZIP+45 PS Form 3800,April 2015 PSN 7530-02-000-9041 See Reverse for Instructions 2 Agenda Item #4.C. 05 Mar 2020 Page 167 of 216 1'll/I:11 a,1r City of Atlantic Beach NEOPOST FIRST-cuss MAW 800 Seminole Road 12/02/2019 0 Atlantic Beach, Florida 32233 US POSTAGE $006.60- 4 fi;: 9 7017 1000 0000 7000 2733 114:1ZIP 32233 041M11299654 Willie Johnson Estate 1921 Mealy Street Atlantic Beach, FL 32233 5 4 A ,' il , Ni Alt X22 FE 1 taiti2/12/ 19 RETURN TO SENDER ATTEYP TED - NOT (t4OirN UNAaLE TO FORWARD AN;(O`: :.G L.9.3Yoi77 4IDO-1YJaQ'4. "'G'J -vim 32233>S 461 Iiiiiilfllir,illivilii"i'ijliiiiiii'iil'l!l{tl.tli,!„ilniliti 32233$6310 C Agenda Item #4.C.05 Mar 2020Page 168 of 216 Page 1 of 2 rV.1rJ CODE ENFORCEMENT yam CITY OF ATLANTIC BEACH, FLORIDA tlifillyZ NOTICE OF HEARING 11/27/2019 Case Number: 18-113 DESMOND DEMPS-BROOKS SR Certified Mail Return Receipt: P.O. BOX 5083 70171000000070002559 JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST 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 January 9, 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 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E, LEWIS SUBDIVISION, N 49FT LOT 1,N 49FT OF E 3FT LOT 5, BLK 3. 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 IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC Sec. 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. STATEMENT OF CODE ENFORCEMENT OFFICER: On 11/26/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1921 MEALY ST. During the inspection, the undersigned Code Enforcement Officer observed that the property was in violation of the sections listed above in the City of Atlantic Beach Code of Ordinances. The nature of the violation included: House is in need of repairs to include roof, soffit, fascia, loose siding and windows. At the July 11, 2019 Special Magistrate hearing, an order was issue to repair the home within 30 days. An extension Agenda Item #4.C. 05 Mar 2020 Page 169 of 216 Page 2 of 2 was granted at the Nov. 7, 2019 meeting due to the Owner's health issues. To date, no permit applications have been received to begin repairs. 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,ti,2__Cer f\_-1 hereby swear and affirm that the above statement is true and acate. a,,,,...k_a_c _ ...,. ..i._,_ ,._ Angela Irizarry, Code Enforcement Officer, City of Atlantic Beach ATTES : 7 \4 ( lioly/ Lori Diaz, Deputy City Clerk U.S. Postal Service' CERTIFIED MAIL® RECEIPT Ln Domestic Mail Only Ln For delivery information,visit our website at www.usps.com®. ruO p Certified Mail Fee ID $ i.,,.. Extra Services&Fees(check box,add fee as appropriate) 0 Return Receipt(hardcopy) $ Q O Return Receipt(electronic) $ Postmark Q Certified Mail Restricted Delivery $ Here im Adult Signature Required $ Adult Signature Restricted Delivery$ O Postage O $ Total Postage and Fees r- To S ' Street or Pd Box%l N City,State,ZIP+45 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Agenda Item #4.C. 05 Mar 2020 Page 170 of 216 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 18-113 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: 3a 120 I ( Location: 1921 MEALY ST, Atlantic Beach, Florida 2) Date Posted: 201 Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 n AL ad& e a Ir rry, Col' nfoe ent . County of Duval State of Florida The foregoing Affidavit was acknowledged before me this 35 day of DeCajyy 20 /4 , by Angela Irizarry,who is personally known to me as Code Enforcement for the City of Atlantic Beach. Person taking acknowledgement: lNotaryStamp/Seal) tr(dt: Notary Public, State of Flori` LoRIDIAz a:%{a•. „ GG 270336 13 2022 uowy rum.. 4.1) 1%FV4 Agenda Item #4.C. 05 Mar 2020 Page 171 of 216 rS CODE ENFORCEMENT S CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 12/30/2019 Case Number: 18-113 DESMOND DEMPS-BROOKS SR POSTED ON PROPERTY AND P.O. BOX 5083 ATLANTIC BEACH CITY HALL JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST 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 January 9, 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 1921 MEALY ST, RE#172352 0000, 24- 92 17-2S-29E, LEWIS SUBDIVISION, N 49FT LOT 1,N 49FT OF E 3FT LOT 5, BLK 3. 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 IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC Sec. 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. STATEMENT OF CODE ENFORCEMENT OFFICER: On 11/26/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1921 MEALY ST. 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: House is in need of repairs to include roof, soffit, fascia, loose siding and windows. At the July 11, 2019 Special Magistrate hearing, an order was issue to repair the home within 30 days. An extension was granted at the Nov. 7, 2019 meeting due to the Owner's health issues. To date, no permit applications have been received to begin repairs.. Agenda Item #4.C. 05 Mar 2020 Page 172 of 216 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, Afrf.xs_t_0,_2 hereby swear and affirm that the above statement is true and accurate. Angela Iri , Code Enforcement Officer, City of Atlantic Beach ATTEST: 1 Lori Diaz, Records Clerk Agenda Item #4.C. 05 Mar 2020 Page 173 of 216 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. 7017 1000 0000 7000 2887 Property Address: 1921 Mealy Street Atlantic Beach, FL 32233 Desmond Demps-Brooks 1921 Mealy Street Atlantic Beach, FL 32233 and P.O. Box 5083 Jacksonville, FL 32247 Respondent. CASE NUMBER: 18-113 REAL ESTATE NUMBER: 172352 0000 LEGAL DESCRIPTION: 24-92 17-2S-29E, LEWIS SUBDIVISION N 49FT LOT 1, N 49FT OF E 3FT LOT 5 BLK 3 ORDER ON CASE NO. 18-113 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on January 9, 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 1921 Mealy Street, Atlantic Beach, Florida. 2. Notice of the hearing was sent by Certified Mail. 3. Respondent did not appear at the hearing. 4. On July 30, 2019, the Special Magistrate issued an order imposing fines of$250 per day beginning on August 28, 2019, if compliance was not achieved by that date. 5. Desmond Demps has informed the city that he is responsible for maintaining the property. 6. Mr. Demps was previously hospitalized and further action on this matter has been deferred until such time as Mr. Demps's status is known. 7. Petitioner has not been able to contract Mr. Demps nor ascertain his status. 8. City did not oppose a deferral of the matter until the next regularly scheduled code enforcement hearing due to Mr. Demps's hospitalization and Petitioner's inability to confirm his status. Agenda Item #4.C. 05 Mar 2020 Page 174 of 216 CONCLUSIONS OF LAW 9. Mr. Demps's hospitalization and Petitioner's inability to ascertain his status presents sufficient cause to defer the matter. ORDER 10.Action on the matter is deferred until the next regularly scheduled code enforcement hearing set for March 5, 2020 at 2:00 p.m. DONE AND ORDERED THIS 31 DAY OF JANUARY , 2020. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTE T: 4 1', _4.0_4: s/ Jeb Branham Lori Diaz, Deputy Ci lerk Jeb T. Branham, Special Magistrate Executed this 31 day of January , 2020. PLEASE NOTE: Florida Statutes § 162.11, states that an appeal of this order shall be filed in circuit court within thirty (30) days of this order's execution. U.S. Postal ServiceTM U.S. Postal Service' CERTIFIED MAIL° RECEIPT CERTIFIED MAIL° RECEIPTr` Domestic Mail Onlym Rl Domestic Mail Only For delivery information,visit our website at www.usps.com®. 0^ RJ fU For delivery information,visit our website at www.usps.com Q y mew ra .. 3' O Certified Mail Fee z O Certified Mail Fee N Extra Services&Fees(check box,add fee as appropnate) El Return Receipt(hardcopy) $ Extra Services&Fees(check box,add fee as appropriate) Return Receipt(electronic) $ Postmark Er Return Receipt(hardcopy) $ Return Receipt(electronic) $ Postmark Certified Mail Restricted Delivery $ HereO c Certified Mail Restricted Delivery $ Here Adult Signature Required $ Adult Signature Required $ Adult Signature Restricted Delivery$ Adult Signature Restricted Delivery$ O Postage O Postage O Total Postage and Fees O $Total Postage and Fees ti Sent To Iti Sent Toa _ e5mo_j __Pe_m.2S__3r k5:_5.r I '— I I; _ 0 pe rn s --j Y f(S Ig-1/3SfreetandApt.No.,or PO Box No. Street and"VI No., r Pb Box No/N N O. Sox_5og3City,State,ZIP+4 aCity,State,ZIP+4 PS Form 3800,April 2015 PSN 7530- 02-000-9047 See Reverse for Instructions PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 2 Agenda Item #4.C. 05 Mar 2020 Page 175 of 216 III 111111 11111 111i ,,"r City of Atlantic Beach NEOPOST F RST-cuss MAIL I0M7470. IIIi800SeminoleRoad 01/31/2020 r Atlantic Beach, Florida 32233 US POSTAGE$006.90° 7017 1000 0000 7000 2887 grzithltZIP 32233l041M11299654 WOO f'. , 88( .1, 4 1, Atlantic Eeaci. Desmond Demps-Brooks 1921 Mealy Street 322 Esir i CI3T.G0011Sit` 2 'i Atlantic Beach, FL 32233 OR WAR D Ti Ni E E X R T N ;o SEN D 1 t"5G Mu PO 30X 5083 9 4r- cnNvT' t C ct c ] 747 . 5 opq, eand RETURN TO CFNfFR i. r.3 i ii. r : 1:i: o iii : is : : l :iii rrti: it i iaSsS 6 l l ill""li'II'II'I'II'II'Illiii}',Ilii}'}'II}s3 }'.E}4?Agenda Item #4.C.05 Mar 2020Page 176 of 216 Aat-' NO4 City of Atlantic Beach NEOPOST FIRST-CLASS AA ,JO 800 Seminole Road 01/ 31/2020 Atlantic Beach, Florida 32233 000 502 233 1 I'igrejr#: 0 4 1 ZIPM1 1322 9 9 6 5 4 Desmond Demps-Brooks 1921 Mealy Street Atlantic Beach, FL 32233 322 NFE 1 C13100G1/ 31/2D FORWARD TIME EXP RTN TO SEND 1 M.WWCa and BOX S083 4 larlenm‘vri . = =I 2 ,, 47 -ratZZ g 0 RFTHRN To sPhinFR 3223:B$651ca3 5 61 Agenda Item #4.C.05 Mar 2020Page 177 of 216 Page 1 of 2 1-j-W7r. 6 CODE ENFORCEMENT tf CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 1/27/2020 Case Number: 18-113 DESMOND DEMPS-BROOKS SR Certified Mail Return Receipt: P.O. BOX 5083 7017 1000 0000 7000 2849 JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST 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 March 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 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E, LEWIS SUBDIVISION, N 49FT LOT 1,N 49FT OF E 3FT LOT 5, BLK 3. 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 IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC Sec. 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. STATEMENT OF CODE ENFORCEMENT OFFICER: On 1/24/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1921 MEALY ST. 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: House is in need of repairs to include roof, soffit, fascia, loose siding and windows. At the July 11, 2019 Special Magistrate hearing, an order was issue to repair the home within 30 days. Extensions were granted at the Nov. 7, 2019 and January 9, 2020 meetings due to the Owner's health issues. To date, no permit applications have been received to begin repairs. Agenda Item #4.C. 05 Mar 2020 Page 178 of 216 Page 2 of 2 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, hereby swear and affirm that the above statement is true and acc te. v411/16 ge a Ili.arry, Cod orcement Officer City of Atl. 'c Beach ATTEST: I e Lori Diaz, Deputy City Clerk V 410 U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Ir Domestic Mail Only 113 For delivery information,visit our website at www.usps.com®.N O Certified Mail Fee Extra Services&Fees(check box,add fee as appropriate) O Return Receipt(hardcopy) $ Return Receipt(electronic) $ Postmark O Certified Mai Restricted Delivery $ Here im Adult Signature Required $ Adult Signature Restricted Delivery$ O Postage f $ Total Postage and Fees r9 N S tTo a sten - -- ----pt.No.,or Pb Box No. City,State,ZIP+4O PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Agenda Item #4.C. 05 Mar 2020 Page 179 of 216 Ars', CITY OF ATLANTIC BEACH C) 800 SEMINOLE ROAD 1, 6; :;_ ATLANTIC BEACH,FL 322335 yr PHONE (904) 247-5800 NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 18-113 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: L a‘.\ oca 0 Location: 1921 MEALY ST,Atlantic Beach, Florida 2) Date Posted: qa` ‘, a O Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 0)J11-4Z- Angela Irizar , Code Enforceme County of Duval State of Florida The foregoing Affidavit was acknowledged before me this a day of çji7AQir 20 Z by Angela Irizarry,who is personally known to me as Code Enforcement for the Ci of Atlantic Beach. D Person taking acknowledgement: Notary Stamp/Seal) Notary public, ate of orida LORIaaz Mn COMMISSION I GG 276336 717 EXPIRES:November 13,2022 Bonded ltN ftiolaly Pubic Undensilen Agenda Item #4.C. 05 Mar 2020 Page 180 of 216 Page 1 of 2 rri CODE ENFORCEMENT sJ CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 2/21/2020 Case Number: 18-113 DESMOND DEMPS-BROOKS SR POSTED AT PROPERTY AND CITY HALL P.O. BOX 5083 JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST 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 March 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 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E, LEWIS SUBDIVISION, N 49FT LOT 1,N 49FT OF E 3FT LOT 5, BLK 3. 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 IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC Sec. 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. STATEMENT OF CODE ENFORCEMENT OFFICER: On 1/24/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1921 MEALY ST. 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: House is in need of repairs to include roof, soffit, fascia, loose siding and windows. At the July 11, 2019 Special Magistrate hearing, an order was issue to repair the home within 30 days. Extensions were granted at the Nov. 7, 2019 and January 9, 2020 meetings due to the Owner's health issues. To date,no permit applications have been received to begin repairs. Agenda Item #4.C. 05 Mar 2020 Page 181 of 216 Page 2 of 2 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. 4 _:) 1.0 r hereby swear and affirm that the above statement is true and a ate. M11111141P Angela In gik y, Code Enforce 0 r,e City of At 71ffl c Beach ATTEST: ilit ' Lori Diaz, P eputy City Clerk . Agenda Item #4.C. 05 Mar 2020 Page 182 of 216 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL ADDITIONAL CONTACT 1 SHAINA DESISSO 1037 REGAS DR S ATLANTIC BEACH, FL 32233 DELOLELY07@GMAIL.COM OWNER DESMOND DEMPS-BROOKS SR P.O. BOX 5083 JACKSONVILLE, FL 32247 VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES VIOLATIONS Description: HOUSE IN DISREPAIR Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 4/19/2018 Closed: Last Action: 3/20/2020 Fllw Up: 3/20/2020 Site Address: 1921 MEALY ST ATLANTIC BEACH, FL 32233 Site APN: 172352 0000 Officer: Angela Irizarry Details:Recommendation: Staff recommends that fines in the amount of $250/day be imposed effective August 29, 2019 in accordance with the ordered dated July 29, 2019 Desmond Demps claims he obtained property in October from the family estate. He needs funds to make the repairs to the home and stated that he inquired into a home equity line of credit and stated the bank told him he had to wait 6 months before he was eligible. He was eligible in April. Mr. Demps testified in January that he would be getting a loan to make repairs to the house as soon as he is eligible. Mr. Demps was ordered to repair the home no later than Aug. 28, 2019 or fines in the amount of $250/day would be imposed. Repairs have not been made to the property. Mr. Demps was in the hospital for medical issues. No repairs have been made to the house. Staff recommends extending the deadline. Printed: Thursday, 27 February, 2020 1 of 8 CASE DETAILS Case Number 18-113 Agenda Item #4.C.05 Mar 2020Page 183 of 216 CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES NOV CERT Valerie Jones 4/19/2018 4/20/2018 NOTICE OF VIOLATION POST Valerie Jones 5/30/2018 6/5/2018 POSTING AFFIDAVIT FOR NOV Toni Gindlesperger 6/5/2018 6/5/2018 OTHER Toni Gindlesperger 6/12/2018 WHEN POSTING PROPERTY , THERE WAS A STRONG DEAD ORDER AND WE HAD THE POLICE COME OUT AND WALK THE PROPERTY. NOTHING FOUND AND ONLY ONE WINDOW COULD BE SEEN THRU, CEILINGS HAVE FALLEN, MOLD AND WATER DAMAGE CHRONOLOGY Roofs and Drainage Toni Gindlesperger 4/19/2018 IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. Weeds Toni Gindlesperger 4/19/2018 11/1/2018 IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Window Glazing Toni Gindlesperger 4/19/2018 IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. Printed: Thursday, 27 February, 2020 2 of 8 CASE DETAILS Case Number 18-113 Agenda Item #4.C.05 Mar 2020Page 184 of 216 CERTIFIED MAIL RECEIPT RECEIVED CMRRR Toni Gindlesperger 7/2/2018 7/2/2018 NOTICE OF HEARING Lori Diaz 7/28/2018 7/26/2018 CERT MAIL RECEIPT RECEIVED Toni Gindlesperger 8/12/2018 POSTING NOH AND AFFIDAVIT Toni Gindlesperger 8/26/2018 8/27/2018 CODE BOARD MEETING AGENDA Lori Diaz 9/6/2018 8/31/2018 CODE BOARD ORDER Lori Diaz 9/23/2018 9/19/2018 Great granddaughter Shaina Desisso, 1037 Regas Dr. S. Atlantic Beach, Florida was present and spoke at the hearing. Board orders the case be continued. NOTICE OF HEARING Lori Diaz 10/14/2018 10/16/2018 MISC NOTES/ACTION Angela Irizarry 11/14/2018 11/14/2018 Checked USPS. Letter not shown as delivered. Status is still awaiting pick up. NOH POST AND AFF Angela Irizarry 11/14/2018 11/15/2018 NOH POST AND AFF Angela Irizarry 11/15/2018 11/15/2018 CODE BOARD MEETING AGENDA Lori Diaz 11/18/2018 11/20/2018 NOTICE OF HEARING Lori Diaz 11/29/2018 11/29/2018 CODE BOARD ORDER Lori Diaz 12/3/2018 12/12/2018 Desmond Demps Brooks, Owner and Allan Winter, Esquire were present and spoke at the hearing. Board orders the case be continued until the January 8, 2019 meeting. SCAN & UPLOAD EXECUTED ORDERS Lori Diaz 12/10/2018 12/12/2018 Printed: Thursday, 27 February, 2020 3 of 8 CASE DETAILS Case Number 18-113 Agenda Item #4.C.05 Mar 2020Page 185 of 216 CERT MAIL RECEIPT RECEIVED Angela Irizarry 12/24/2018 12/17/2018 NOH Green Card CODE BOARD MEETING AGENDA Lori Diaz 12/28/2018 12/28/2018 MISC NOTES/ACTION Angela Irizarry 1/9/2019 1/9/2019 Mr. Demps and his atty attended CEB meeting to update Board on the status of the repairs on the home. Mr. Demps reported he has been approved for a HELOC loan but must have ownership of the house for 6 months before the bank will issue the loan funds. Mr. Demps took possession of the home in October. NOTICE OF HEARING Lori Diaz 1/31/2019 1/30/2019 MISC NOTES/ACTION Angela Irizarry 2/25/2019 2/27/2019 Checked tracking on USPS.com for NOH letter. Letter is still awaiting pick up. NOH POST AND AFF Angela Irizarry 2/28/2019 2/28/2019 Posted meeting notice for 3/12/19 meeting CODE BOARD MEETING AGENDA Lori Diaz 3/1/2019 2/28/2019 CODE BOARD ORDER Lori Diaz 3/24/2019 3/24/2019 CE Officer Irizarry presented the case history and displayed photos. She reviewed Mr. Demps obtained the property in October 2018, has to wait six months (April 2019) before applying for the HELOC (Home Equity Line of Credit) in order to make the necessary repairs. Mr. Demps is not present to provide an update on permits, work, etc., and Officer Irizarry stated she will continue this case and put him back on the next meeting agenda. No Order was sent for March meeting. SCAN & UPLOAD EXECUTED ORDERS Lori Diaz 3/27/2019 3/27/2019 No Order was sent for March meeting. MISC NOTES/ACTION Angela Irizarry 5/15/2019 7/3/2019 Checked for permits. No permit applications have been filed. NOTICE OF HEARING Lori Diaz 5/30/2019 5/30/2019 CMRR STATUS UPDATE Angela Irizarry 6/6/2019 6/17/2019 Rcvd signed green card for NOH for 7/11/2019 meeting. Printed: Thursday, 27 February, 2020 4 of 8 CASE DETAILS Case Number 18-113 Agenda Item #4.C.05 Mar 2020Page 186 of 216 CODE BOARD AGENDA Lori Diaz 7/4/2019 5/30/2019 CODE BOARD ORDER Lori Diaz 7/23/2019 7/23/2019 NOTICE OF HEARING Lori Diaz 7/25/2019 7/25/2019 SCAN & UPLOAD EXECUTED ORDERS Lori Diaz 7/26/2019 7/26/2019 CMRR STATUS UPDATE Angela Irizarry 8/19/2019 8/19/2019 Notice of Hearing returned as "Refused" NOH POST AND AFF Angela Irizarry 8/22/2019 8/22/2019 CODE ENFORCEMENT AGENDA Lori Diaz 8/29/2019 8/29/2019 MISC NOTES/ACTION Angela Irizarry 9/5/2019 9/5/2019 Magistrate hearing postponed due to Hurricane Dorian evacuation order. TELEPHONE MESSAGE Angela Irizarry 9/16/2019 9/16/2019 Received a voicemail from Mr. Demps stating that he has been in the hospital for the last two months and did not know when he would be getting out. NOTICE OF HEARING Lori Diaz 9/27/2019 9/27/2019 CMRR STATUS UPDATE Angela Irizarry 10/23/2019 NOH POST AND AFF Angela Irizarry 10/25/2019 10/25/2019 CODE ENFORCEMENT AGENDA Lori Diaz 10/31/2019 11/5/2019 TELEPHONE CALL Angela Irizarry 11/4/2019 11/4/2019 Called Mr. Demps. He was just being released from the hospital and was getting into the car. Asked Mr. Demps to call be back today or tomorrow after he was settled at home to discuss his case. CEB MEETING Angela Irizarry 11/7/2019 11/8/2019 Case was heard by Special Magistrate and deferred until January hearing due to Mr. Demps hospitalization CMRR RETURNED FROM PO Angela Irizarry 11/15/2019 11/15/2019 NOH dated 9/27/2019 was returned as "Refused" CODE ENFORCEMENT ORDER Lori Diaz 11/19/2019 11/27/2019 Printed: Thursday, 27 February, 2020 5 of 8 CASE DETAILS Case Number 18-113 Agenda Item #4.C.05 Mar 2020Page 187 of 216 SCAN & UPLOAD EXECUTED ORDERS Lori Diaz 11/22/2019 12/2/2019 NOTICE OF HEARING Lori Diaz 11/26/2019 11/26/2019 CMRR STATUS UPDATE Angela Irizarry 12/25/2019 12/30/2019 Per USPS.COM Your item arrived at the JACKSONVILLE, FL 32207 post office at 2:30 pm on December 10, 2019 and is ready for pickup. Status Available for Pickup December 10, 2019 at 2:30 pm Available for Pickup JACKSONVILLE, FL 32207 CODE ENFORCEMENT AGENDA Lori Diaz 1/2/2020 12/26/2019 TELEPHONE MESSAGE Angela Irizarry 1/3/2020 1/3/2020 Left telephone message for Mr. Demps to discuss property. CEB MEETING Angela Irizarry 1/9/2020 1/15/2020 Case was deferred to March meeting due to possible health issues of Respondent CODE ENFORCEMENT ORDER Kim Flower 1/21/2020 1/31/2020 SCAN & UPLOAD EXECUTED ORDERS Kim Flower 1/24/2020 1/31/2020 NOTICE OF HEARING Kim Flower 1/25/2020 1/27/2020 TELEPHONE MESSAGE Angela Irizarry 2/4/2020 2/4/2020 Attempted to call Mr. Demps. No answer. Left message on voicemail. TELEPHONE CALL Angela Irizarry 2/5/2020 2/5/2020 Received return call from Mr. Demps. He stated that he is in a cancer center in Atlanta undergoing treatment. Printed: Thursday, 27 February, 2020 6 of 8 CASE DETAILS Case Number 18-113 Agenda Item #4.C.05 Mar 2020Page 188 of 216 TELEPHONE CALL Angela Irizarry 2/6/2020 2/6/2020 Spoke with Mr. Demps sister. She is with him in Atlanta. She stated that Mr. Demps is not doing well and very medicated. She has power of attorney for his healthcare decisions but he did not extend the authorization to the house. Due to his current health status, he is unable to make any efforts towards obtaining financing to make the home repairs. CMRR STATUS UPDATE Angela Irizarry 2/19/2020 2/21/2020 Per USPS.com letter is still in transit NOH POST AND AFF Angela Irizarry 2/21/2020 2/21/2020 CODE ENFORCEMENT AGENDA Kim Flower 2/28/2020 CODE ENFORCEMENT ORDER Kim Flower 3/17/2020 SCAN & UPLOAD EXECUTED ORDERS Kim Flower 3/20/2020 INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES CEB INSPECTION AI 10/17/2018 10/17/2018 VIOLATION CONTINUES Tarps on roof, areas of missing siding. No permits for repair on file. CEB INSPECTION AI 11/26/2018 11/26/2018 VIOLATION CONTINUES Windows were repaired and grass has been mowed. Blue tarp on roof. CEB INSPECTION AI 1/7/2019 1/7/2019 VIOLATION CONTINUES CEB INSPECTION AI 8/29/2019 8/28/2019 VIOLATION CONTINUES INITIAL INSPECTION TGIN 4/17/2018 4/17/2018 VIOLATION CORRECTED OVER GROWN WEEDS, ROOF, SOFFIT, FASCIA,AND LOOSE SIDING INSPECTION TGIN 9/11/2018 9/11/2018 VIOLATION CONTINUES INSPECTIONS Printed: Thursday, 27 February, 2020 7 of 8 CASE DETAILS Case Number 18-113 Agenda Item #4.C.05 Mar 2020Page 189 of 216 REINSPECTION TGIN 6/12/2018 6/12/2018 VIOLATION CONTINUES REINSPECTION TGIN 7/12/2018 7/12/2018 VIOLATION CONTINUES REINSPECTION DW 5/29/2018 5/29/2018 VIOLATION CONTINUES FINANCIAL INFORMATION Printed: Thursday, 27 February, 2020 8 of 8 CASE DETAILS Case Number 18-113 Agenda Item #4.C.05 Mar 2020Page 190 of 216 ptit CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 PHONE (904)247-5800 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7016 0910 0001 6799 4035 10/1/2019 MCGURRIN JUSTIN A 7100 WILDER AVE JACKSONVILLE, FL 32208 Real Estate Number: 172173 0000 Case Number: 19-228 Location of Violation: 50 SIMMONS RD, 19-16 17-2S-29E, DONNERS R/P PT LOT 2, LOT 6 BLK 10 Atlantic Beach, Florida Dear Property Owner: Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. A code enforcement inspection at 50 SIMMONS RD was conducted on 10/1/2019. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: NATURE OF VIOLATION: The property located at the above address is in a blighted condition. The house is unsecured and appears to still be housing vagrants. On 10/1/2019 the front door was open and the rear door is broken from its hinges. Windows on the home were also unsecured and open. Food, debris and trash is spread around the inside and exterior of the property. The deck and stairs are unsafe. VIOLATION CODE: IPMC Sec. 109.2 Temporary Safeguards. Notwithstanding other provisions of this code,whenever, in the opinion of the code official,there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. VIOLATION CODE: IPMC Sec. 108.1.5 9. A building or structure, used or intended to be used for dwelling purposes,because of inadequate maintenance, dilapidation, decay damage, faulty construction or arrangement, inadequate light,ventilation, mechanical or plumbing systems, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. Agenda Item #5.A. 05 Mar 2020 Page 191 of 216 VIOLATION CODE: IPMC Sec. 108.1.5 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. VIOLATION CODE: Sec. 12-1.Nuisances (a) It shall be unlawful for any person or business,to do, perform,have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous,unsafe, dilapidated or unsanitary condition,which may be injurious to the health and well being of the community. VIOLATION CODE: Sec. 12-1 (b) It shall hereby declared a nuisance,the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (3) For any person to allow, suffer or permit any lot,premises or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing filth or rubbish of any kind. VIOLATION CODE: IPMC Sec. 301.3 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. VIOLATION CODE: IPMC Sec. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. VIOLATION CODE: IPMC Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. VIOLATION CODE: IPMC Sec. 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. VIOLATION CODE: Sec. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose,torn or otherwise unsafe as to not provide safe and adequate means of egress. VIOLATION CODE: IPMC Sec. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony,porch, deck or other walking surface shall be maintained in sound condition and good repair. VIOLATION CODE: Sec. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house,housekeeping units, a hotel, a dormitory, two or more dwelling I Agenda Item #5.A. 05 Mar 2020 Page 192 of 216 units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. This letter requests that all of the above noted violation(s) be corrected by repairing the decks and stairs, clearing the property of debris, and either boarding, or replacing and repairing the doors and windows so that the property can be secured to prevent vagrants from residing in the home within ten (10) days of the receipt of this notice. Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty dollars ($250.00) per day per code violation listed above. Upon completion of the action required, it is your responsibility to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-5855 if you have any questions or need additional information. I, tr y` hereby swear and affirm that the above statement is true and accurat inc. ely, 1. a Iriz. CODE EN'0 CEMENT Agenda Item #5.A. 05 Mar 2020 Page 193 of 216 IIIIIIIIIIIIIIIIIIIIPFIIPIY r•7 ' 10 CipcT_ri`n c nCityofAtlanticBeachTNEOPOST 0 AI 800 Seminole Road C'EIVED 10101/20 i9 $000 502sV Atlantic Beach, Florida 32233 FL 320 OCT 7 2019 ZIP 32233 041M11299654 MCGURRIN JUSTIN A ra i:A_i d Y t i Oiii0105iii. 7100 WILDER AVE RETURN in SENDER JACKSONVILLE, FL 32208 A TTF MP Tg) - N n r K Ni mill UNABLE TO FORWARD BC. 32233546199 163B- 05111-02t-39 4:4:::-0:4,-- r------ E ,==r?TiTa 't0i Illiriiihinildi '11111111111i;Isl!!i)'fiii"if°illidli°ill Agenda Item #5.A.05 Mar 2020Page 194 of 216 Cce) CO N eaMsoal90a_= Q) O N 263 4N Hi :t )V) D CI) 1._ _ i__, . 100 w O o qO (V O W I VI.:t1 kaF— f C 0Wc O E_Z CrLnmPl.t[l Criiiimi CI 1: ott -p- NI:eIgCNIL) tY .:,D 1-4D tel I:^1 kJWDttatsom1iDmitimDDI `+1.)}3 A.)o r'A ONr'r,til cIC t its CO c\I 00 01O• n1 O L4 ct, N t`} m0 M C) o 4wwa• 0 E V I.1 CO O o 0 Ht i Agenda Item #5.A.05 Mar 2020 Page 195 of 216 co d0 , o k22 % » z j t f»!OE ® OO la0a )3 7, _ \IP2DOD0oot ) o ca 2® 3 2P. 7, bZ/ a f 3a = aS2t \k k _ !Z o \ (( l',5)111I-. 2 - \17)\ k\\§§>Iin \ \ ) . 22.O a x a 0 X«20000. LncDDD0DD[ mCDiiG2 j „ \O c _ .2 CO IQ °254 2 r I) 22 2 \ [ D / 3 % \\ \ ° cL c o a , t mown= 71. t G q ._ §s2E ) k / u °\ j 0 \ / o ° § $ /' ) "'E D G cc k &> =« \ m m Lu k }\ \ \ \ T.U. CO w a E Agenda Item #5.A.05 Mar 2020 Page 196 of 216 4 a} 4' rt - N-4,...,..4,-.. meg. x3 r b. ' t i. i i I Agenda Item #5.A. 05 Mar 2020 Page 197 of 216 i S x;- .. `a,-.....%.,,,.,„...„7",,,,j i,,,,,,,.-_- rte”' f r l'''''','''''''. . . '::'''..-...i.:,:;,-'!.',:4:-..f.-4.:.,. ',.--r.'41-*:;::',:::,' a f a f t_ r 1 u y a - e,. 1, 231c Agenda Item #5.A. 05 Mar 2020 Page 198 of 216 y 3, 4 .1 n r lik• 14. 1,0 4 Ai Ls. f yV i y k - . 1 ' -4- 'jfi,.. 1 F: F 1; rhe.i i 1. „ p I 3••• okVitip",4106 wej- ' ' 4 J i 1 Ay„..,:, - ;1.' kill lk. .,-, '. T,,,..,,,, , ...., 4., 116.....1 ., ,.. ,v. . - 4. 444. 7"-- ill 111 4 I ' 4, ..7,,,,....,, . ,.. ,, , ,,,. , , , 7.'- e.` e s es v. .43+ el' S'e... Jam. Agenda Item #5.A. 05 Mar 2020 Page 199 of 216 Page 1of3 01 A Pr t, CODE ENFORCEMENT s s. CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 1/27/2020 Case Number: 19-228 MCGURRIN JUSTIN A Certified Mail Return Receipt: 7100 WILDER AVE 7017 1000 0000 7000 2856 JACKSONVILLE, FL 32208 Property Address: 50 SIMMONS RD 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 March 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 50 SIMMONS RD, RE#172173 0000, 19- 16 17-2S-29E, DONNERS RIP PT LOT 2, LOT 6 BLK 10. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances Sec. 109.2 Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. Sec. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose,torn or otherwise unsafe as to not provide safe and adequate means of egress. Sec. 108.1.5 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. Sec. 108.1.5 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing systems, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. IPMC Sec. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping Agenda Item #5.A. 05 Mar 2020 Page 200 of 216 Page 2 of 3 units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. Sec. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Sec. 12-1 (b) It shall hereby declared a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (3) For any person to allow, suffer or permit any lot, premises or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing filth or rubbish of any kind. Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well being of the community. Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts,old tires, construction materials, and broken and abandoned items. IPMC Sec. 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. IPMC Sec. 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. IPMC Sec. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. IPMC Sec. 301.3 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. Agenda Item #5.A. 05 Mar 2020 Page 201 of 216 Page 3 of 3 STATEMENT OF CODE ENFORCEMENT OFFICER: On 1/23/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 50 SIMMONS RD. 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 Owner verbally stated that the property would be properly secured and boarded no later than Saturday, January 18, 2020. That action has not been completed. 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, fACLQl. XZCIaRNA hereby swear and affirm that the above statement is true and accurate. 4 41 .1.0' Angela Iri.: t de Enforce tl ent icer City of At1. :•ach U.S. Postal ServiceTM ATTEST: CERTIFIED MAIL® RECEIPT Domestic Mail Only Ln NFor delivery information,visit our website at www.usps.com c. D Certified Mail Fee 4_4w O Extra Services&Fees(check box,add fee as appropriate) 0 Return Receipt(hardcopy) $ 0 Return Receipt(electronic) $ Postmark ori Diaz, 'ecords C erk o mimed Mall Restricted Delivery $ Here Adult Signature Required $ 0 Adult Signature Restricted Delivery$ CI Postage O $ Total Postage and Fees fSe . sk;Grr rrlT O street and Apt.No.,or PBox No. City,state,ZIP+44 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Agenda Item #5.A. 05 Mar 2020 Page 202 of 216 ins 4 ,,: #; City of Atlantic Beach G` ` 800 Seminole Road i 1/2:::": ' j'°'-----L.:::: I-006.9020rJSPOSTAGE .pOO6.90- Atlantic Beach, Florida 32233 r • • ZIP 32233 7017 1000 0000 7000 28 •:• • .44..n.u: - 041M11299654 J - 3 0 ',-- 1 pry- 0A( 0 0 5 1/27/2020 Case Number: 19-2 322 DE 1 0002 /21/20 MCGURRIN JUSTIN A Certi RETURN TO SENDER 7100 WILDER AVE 70171 UNCLAIMED JACKSONVILLE, FL 32208 UNABE TO FORWARD 4v.. I BC: 32233546199 1738-01523-27-42 12::-2a-B3EiE &ifs III"111111llIJ,JIIlli'lllIIllllildliJ,Il lltillllIllllltIIlilil Agenda Item #5.A.05 Mar 2020Page 203 of 216 UT200I01 City of Atlantic Beach 2/21/20 Customer Master File Inquiry 14: 28 :43 Customer ID 72403 Name MCGURRIN, JUSTIN A Mailing address 5401 WALDRON ST Zip code 320345938 FERNANDINA BEACH FL Delivery point Phone 213 - 3591273 Drivers license number 81 0 Social security number 5933 Attention/doing business as . . . : Old Account Number E-mail address Customer name type P PERSON Group number Deposit sponsor ID Display auto pay information . . : Y CHECKING ACCOUNT Display additional information . : N NO F3=Exit F5=Services F6=Service orders F7=Cust misc info F8=Alt address F9=Change history F10=Payment plans F12=Cancel F24=More keys Agenda Item #5.A. 05 Mar 2020 Page 204 of 216 Page 1 of 3 f s \,. 1 CODE ENFORCEMENT S CITY OF ATLANTIC BEACH, FLORIDA J , ,. ;--; fir NOTICE OF HEARING 1i10 2/21/2020 Case Number: 19-228 MCGURRIN JUSTIN A POSTED AT PROPERTY AND CITY HALL 7100 WILDER AVE ,. JACKSONVILLE, FL 32208 ' Property Address: 50 SIMMONS RD 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 March 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 50 SIMMONS RD, RE#172173 0000, 19-16 17-2S-29E, DONNERS R/P PT LOT 2, LOT 6 BLK 10. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6- 16. International Property Maintenance Code/City Code of Ordinances Sec. 109.2 Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. Sec. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped,worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. Sec. 108.1.5 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. Sec. 108.1.5 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing systems, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. IPMC Sec. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. Agenda Item #5.A. 05 Mar 2020 Page 205 of 216 Page 2 of 3 Sec. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Sec. 12-1 (b) It shall hereby declared a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (3) For any person to allow, suffer or permit any lot, premises or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing filth or rubbish of any kind. Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well being of the community. Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. IPMC Sec. 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. IPMC Sec. 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. IPMC Sec. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. IPMC Sec. 301.3 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. STATEMENT OF CODE ENFORCEMENT OFFICER: On 1/23/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 50 SIMMONS RD. 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 Owner verbally stated that Agenda Item #5.A. 05 Mar 2020 Page 206 of 216 Page 3 of 3 the property would be properly secured and boarded no later than Saturday, January 18, 2020. That action has not been completed. 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, 111ip1._° aS hereby swear and affirm that the above statement is true and . rate. tik "_ Angela Iri , Code Enforce• - Offi.4 City of Atlantic Beach ATTEST: IAS F Lo i Diaz, Records Clerk ' Agenda Item #5.A. 05 Mar 2020 Page 207 of 216 Page 208 of 216 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER MCGURRIN JUSTIN A 7100 WILDER AVE JACKSONVILLE, FL 32208 PRIOR OWNER DAVIS WILLIE 2254 HWY 45 S BUCKATUNNA, MS 39322 VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES Board and Secure Angela Irizarry 10/1/2019 Sec. 109.2 Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. VIOLATIONS Description: Abandoned Property Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 10/1/2019 Closed: Last Action: 3/20/2020 Fllw Up: 3/20/2020 Site Address: 50 SIMMONS RD ATLANTIC BEACH, FL 32233 Site APN: 172173 0000 Officer: Angela Irizarry Details: Printed: Friday, 28 February, 2020 1 of 8 CASE DETAILS Case Number 19-228 Agenda Item #5.A.05 Mar 2020Page 209 of 216 Dangerous Structure 2 Angela Irizarry 10/1/2019 Sec. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. Dangerous Structure 7 Angela Irizarry 10/1/2019 Sec. 108.1.5 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. Dangerous Structure 9 Angela Irizarry 10/1/2019 Sec. 108.1.5 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing systems, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. Doors Angela Irizarry 10/1/2019 IPMC Sec. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. Printed: Friday, 28 February, 2020 2 of 8 CASE DETAILS Case Number 19-228 Agenda Item #5.A.05 Mar 2020Page 210 of 216 Interior General Angela Irizarry 10/1/2019 Sec. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Nuisance Angela Irizarry 10/1/2019 Sec. 12-1 (b) It shall hereby declared a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (3) For any person to allow, suffer or permit any lot, premises or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing filth or rubbish of any kind. Nuisance - Conditions Angela Irizarry 10/1/2019 Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well being of the community. Printed: Friday, 28 February, 2020 3 of 8 CASE DETAILS Case Number 19-228 Agenda Item #5.A.05 Mar 2020Page 211 of 216 Outside Storage Residential (173)Angela Irizarry 10/1/2019 Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. Rubbish and garbage Angela Irizarry 10/1/2019 IPMC Sec. 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. Sanitation Angela Irizarry 10/1/2019 IPMC Sec. 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. Stair, walking surfaces Angela Irizarry 10/1/2019 IPMC Sec. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Printed: Friday, 28 February, 2020 4 of 8 CASE DETAILS Case Number 19-228 Agenda Item #5.A.05 Mar 2020Page 212 of 216 CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES NOV CERT Angela Irizarry 10/1/2019 10/1/2019 CMRR RETURNED FROM PO Angela Irizarry 10/8/2019 10/8/2019 Cert Letter returned as Return to sender, Attempted Not Known, Unable to Forward TELEPHONE CALL Angela Irizarry 1/14/2020 1/14/2020 Called Justin to follow up on case and discuss property. He said he had someone coming out the next day to look at the house to give a proposal to make repairs. MEETING WITH RESPONDENT Angela Irizarry 1/15/2020 1/15/2020 Met with Justin and his contractor. House will be boarded no later than Saturday. Contractor will be providing bid to rehab the house to Justin. CHRONOLOGY Unfit for Human Habitation Angela Irizarry 10/1/2019 Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. Vacant Structures and Land Angela Irizarry 10/1/2019 IPMC Sec. 301.3 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. Printed: Friday, 28 February, 2020 5 of 8 CASE DETAILS Case Number 19-228 Agenda Item #5.A.05 Mar 2020Page 213 of 216 MEETING WITH RESPONDENT Angela Irizarry 1/15/2020 1/15/2020 Met with Owner, Dan Arlington and respondent''''s contractor on site. Advised owner that house needed to be boarded immediately. The police department was still receiving calls regarding vagrants squatting in the house. The contractor stated he could have the house boarded by 1/20/2020 Dan discussed needed repairs with the contractor. OTHER Angela Irizarry 1/21/2020 1/21/2020 Visited Site to check status of boarding. Some wood was added the the building but it was not secure. Wood was placed on the window sill inside the structure but not secured. A piece of plywood was placed in front of the back door and was held in place by a flowerpot. EMAIL RECEIVED Angela Irizarry 1/22/2020 1/22/2020 From Officer Miley, Atlantic Beach Police Department From: Miley, Kevin Sent: Wednesday, January 22, 2020 10:35 AM To: Irizarry,Angela <aIrizarry@coab.us> Subject: RE: Code Enforcement issue Can you also advise about 50 Simmons St. The front door has been kicked in and we had to respond there last night for people sleeping inside. MEETING WITH RESPONDENT Angela Irizarry 1/23/2020 1/23/2020 Met with Justin McGurrin, Dan Arlington, and Justin''s second contractor at the property. Justin stated he was no longer working with the contractor we previously met with. Advised Justin that house needed to be properly boarded. Dan discussed permit requirement with contractor for the work that needed to be done on the house. Contractor was not a licensed contractor and was not qualified to pull the required permits in accordance with Florida Building Code OTHER Angela Irizarry 1/23/2020 1/23/2020 Building posted as an unsafe uninhabitable structure by Dan Arlington. Printed: Friday, 28 February, 2020 6 of 8 CASE DETAILS Case Number 19-228 Agenda Item #5.A.05 Mar 2020Page 214 of 216 NOTICE OF HEARING Kim Flower 1/25/2020 1/27/2020 CMRR STATUS UPDATE Angela Irizarry 2/19/2020 2/21/2020 Certified was returned. NOH POST AND AFF Angela Irizarry 2/21/2020 2/21/2020 Also sent hearing notice letter via usps to the address listed on utility records for Justin CODE ENFORCEMENT AGENDA Kim Flower 2/27/2020 2/27/2020 TELEPHONE MESSAGE Angela Irizarry 2/28/2020 2/28/2020 Left message for Justin to discuss house. CODE ENFORCEMENT ORDER Kim Flower 3/17/2020 SCAN & UPLOAD EXECUTED ORDERS Kim Flower 3/20/2020 INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI INSPECTIONS FINANCIAL INFORMATION Printed: Friday, 28 February, 2020 7 of 8 CASE DETAILS Case Number 19-228 Agenda Item #5.A.05 Mar 2020Page 215 of 216 Printed: Friday, 28 February, 2020 8 of 8 CASE DETAILS Case Number 19-228 Agenda Item #5.A.05 Mar 2020Page 216 of 216