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05-21-20 CEFM Agenda City of Atlantic Beach Agenda Code Enforcement Special Magistrate Meeting Thursday, May 21, 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 Code Enforcement Special Magistrate meeting on March 5, 2020. 03-05-2020 DRAFT Code Enforcement Special Magistrate Meeting Minutes 3 - 4 3. ADMINISTRATION OF OATH 4. OLD BUSINESS 4.A. CASE#: 19-228 NAME: Justin A. McGurrin ADDRESS: 50 Simmons Road CE 50 Simmons Road Case #19-228 19-228 Case Details Report 5 - 40 5. NEW BUSINESS 5.A. CASE#: 19-254 NAME: Matthew Andrew Warhurst II* ADDRESS: 70 10th Street W CE 70 W 10th Street Case #19-254 19-254 Case Details Report 41 - 63 5.B. CASE#: 20-023 NAME: Elaina Romano ADDRESS: 1101 Begonia Street & 0 Begonia Street CE 0 Begonia & 1101 Begonia Case #20-023 20-023 Case Details Report 65 - 90 6. ADJOURNMENT * Homesteaded Properties Page 1 of 90 Code Enforcement Special Magistrate - 21 May 2020 Please note: This meeting will be videotaped. To view the meeting video, contact Kimberly Flower, Records Clerk at 247-5810 or kflower@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 90 Code Enforcement Special Magistrate March 5, 2020 MINUTES Code Enforcement Special Magistrate Meeting Thursday, March 5, 2020 - 2:00 PM Commission Chamber Present:Jeb Branham, Special Magistrate Angela Irizarry, Code Enforcement Officer Kim Flower, Records Clerk 1.CALL TO ORDER Magistrate Branham called the meeting to order at 2:00 PM. 2.APPROVAL OF MINUTES A.Approve minutes of the October 31, 2019 Special Called Code Enforcement Special Magistrate meeting. B.Approve minutes of the December 2, 2019 Special Called Code Enforcement Special Magistrate Meeting Minutes. C.Approve minutes of the January 9, 2020 Code Enforcement Special Magistrate meeting. The minutes were approved as submitted. 3.ADMINISTRATION OF OATH Magistrate Branham administered the Oath to the attendees - staff, respondents and witnesses. 4.OLD BUSINESS A.CASE #: 14-00000980 NAME: Wells Fargo / Andrew Stelzmann ADDRESS: 196/198 Poinsettia Street Testified: Code Enforcement Officer Angela Irizarry, Andrew Stelzmann, Attorney Pekoe. Respondent: Andrew Stelzmann and Attorney Pekoe were present. Action: Magistrate Branham ordered all fines levied against Respondent Wells Fargo Home Mortgage waived, and the City of Atlantic Beach's lien against the above- referenced property released in full. Agenda Item #2.A. 21 May 2020 Page 3 of 90 Code Enforcement Special Magistrate March 5, 2020 B.CASE #: 19-181 NAME: Jeffrey A. Hite Et Al* ADDRESS: 1055 East Coast Drive Testified: Code Enforcement Officer Angela Irizarry. Respondent was present. Action: Property was found in compliance, no fine imposed. C.CASE #: 18-113 NAME: Desmond Demps-Brooks Sr. * ADDRESS: 1921 Mealy Street Testified: Code Enforcement Officer Angela Irizarry. Respondent was not present. Action: Action deferred until the Code Enforcement Special Magistrate meeting scheduled for September 3, 2020. 5.NEW BUSINESS A.CASE#: 19-228 NAME: Justin A. McGurrin ADDRESS: 50 Simmons Road Testified: Code Enforcement Officer Angela Irizarry, Justin McGurrin. Respondent was present. Action: Action deferred until the next regularly scheduled Code Enforcement Special Magistrate meeting scheduled for May 7, 2020. 6.ADJOURNMENT There being no further discussion, Magistrate Branham adjourned the meeting at 2:27 PM. Attest: _______________________ ____________________________ Lori Diaz, Deputy City Clerk Jeb T. Branham, P.A. Special Magistrate Date Approved ____________________________ Agenda Item #2.A. 21 May 2020 Page 4 of 90 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 #4.A. 21 May 2020 Page 5 of 90 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 #4.A. 21 May 2020 Page 6 of 90 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 #4.A. 21 May 2020 Page 7 of 90 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 #4.A.21 May 2020Page 8 of 90 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 #4.A.21 May 2020 Page 9 of 90 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 #4.A.21 May 2020 Page 10 of 90 4 a} 4' rt - N-4,...,..4,-.. meg. x3 r b. ' t i. i i I Agenda Item #4.A. 21 May 2020 Page 11 of 90 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 #4.A. 21 May 2020 Page 12 of 90 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 #4.A. 21 May 2020 Page 13 of 90 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 #4.A. 21 May 2020 Page 14 of 90 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 #4.A. 21 May 2020 Page 15 of 90 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 #4.A. 21 May 2020 Page 16 of 90 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 #4.A.21 May 2020Page 17 of 90 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 #4.A. 21 May 2020 Page 18 of 90 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 #4.A. 21 May 2020 Page 19 of 90 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 #4.A. 21 May 2020 Page 20 of 90 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 #4.A. 21 May 2020 Page 21 of 90 CERTIFIED MAIL® City of Atlantic Beach NEOPOST FIRST-CLASS MAIL III 11 1 HI:"1 1 1 0 i '0. 800 Seminole Road 03/20/2020 9 Atlantic Beach, Florida 32233 US POSTAGE$006 0° 411:01P--:' met70171000000070003204 ZIP 32233 041M11299654 J• Property Addre A • XI E R-7.'',4. 17.. -i Wella4It'1120 1JustinA. McGurrin RETJRN TO SBNDER 7100 Wilder Avenue NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD Jacksonville, FL 32208 JOI MANUAL FROC REQ 153S-00B3S -20-45 v2209---4Eib700 Agenda Item #4.A.21 May 2020Page 22 of 90 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 3204 vs. Property Address: 50 Simmons Road Atlantic Beach, FL 32233 Justin A. McGurrin 7100 Wilder Avenue Jacksonville, FL 32208 Respondent. CASE NUMBER: 19-228 REAL ESTATE NUMBER: 172173 0000 LEGAL DESCRIPTION: 19-16 17-2S-29E,DONNERS R/P PT. LOT 2, LOT 6 BLK 10 ATLANTIC BEACH, FLORIDA ORDER ON CASE No. 19-228 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on March 5, 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 50 Simmons Road, Atlantic Beach, Florida. 2. Notice of the hearing was sent by Certified Mail. 3. Respondent appeared at the hearing. 4. This code enforcement action was initiated in October 2019. 5. Respondent has been responsive to Petitioner's inquiries thus far. 6. In January 2020, Respondent and Petitioner's representatives, including the Building Official, met on the property to discuss the code violations and life safety issues present on the property. 7. As of the hearing, Respondent had not yet applied for building permits to complete the necessary work. 8. As of the hearing, trash and debris present on the property had been cleaned. 9. Respondent testified that as of the hearing, the property has been secured except for a single broken windowpane, and windows needed to be screwed shut. 10.The property is currently unoccupied. 11.Respondent testified that he intends to rehabilitate the property and bring it into compliance. Agenda Item #4.A. 21 May 2020 Page 23 of 90 CONCLUSIONS OF LAW 12.Based upon the foregoing findings of fact, sufficient cause exists to defer the matter. 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 action on the matter is deferred until the next regularly scheduled code enforcement hearing set for May 7, 2020 at 2:00 p.m. DONE AND ORDERED THIS 20T"DAY OF MARCH, 2020. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTES : ZO(1- ori Diaz, Deputy CityCl Jel}4'. Branham, Special Magistrate Executed this 20th day of March, 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'' CERTIFIED MAIL° RECEIPT Domestic Mail Only mFor delivery information,visit our website at www.usps.com®. 0 M ,. O Certified Mail Fee O $ Extra Services&Fees(check box,add fee as appropriate) Return Receipt(hardcopy) $ - O Return Receipt(electronic) $ Postmark Certified Mell Restricted Delivery $._ Here 0 Adult Signature Required $ Adult Signature Restricted Delivery$ O Postage Total Postage and Fees rl N Sent To it rand ptNo.,of Pb Box o. ur I I r 1 9— N City,State,2lP+4a 2 PS Form 3800,April 2015 PSN 7530 02 000 9047 See Reverse for Instructions Agenda Item #4.A. 21 May 2020 Page 24 of 90 Page 1of3 i ,A CODE ENFORCEMENT CITY OF ATLANTIC BEACH, FLORIDA It- NOTICE OF HEARING r4Ji319 4/10/2020 Case Number: 19-228 MCGURRIN JUSTIN A Certified Mail Return Receipt: 7100 WILDER AVE 7013 1710 0002 1691 3859 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 May 21, 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 Agenda Item #4.A. 21 May 2020 Page 25 of 90 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 #4.A. 21 May 2020 Page 26 of 90 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. As of 4/10/2020 no permit applications have been received to correct the above deficiencies. 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, C1( o A._]Z.\? hereby swear and affirm that the above statement is true and acettrate. U.S. Postal Service TM CERTIFIED MAILTM RECEIPT u.' Irl (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com®m Angela Irizarry; Code Enforceme- 0 ice Postage $ City of Atlantic Beach ru Certified Fee PostmarkDReturnReceiptFee D (Endorsement Required) Here O Restricted Delivery Fee ATTEST:to (Endorsement Required) N Total Postage&Fees rn Sent To D Street, ./ 11 41s %r_ or PO Box No. 9l! City,State,ZIP+4 Lori Diaz, Deputy City Clem PS Form 3800.August 2006 See Reverse for Instructions CERTIFIED MAIL,., RECEIPT Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com®Cc: Justin McGurrin m 5401 Waldron Street o- Fernandina Beach, FL 32034 n Postage $ Certified Mail # 7013 1710 0002 1691 3866 Certified Fee ru D Return Receipt Fee Postmark D (Endorsement Required) Here D Restricted Delivery Fee .- D (Endorsement Required) rg N Total Postage&Fees r-R Sent To 1n`` D Street,Apt.No t. N or PO Box No. t t i 6 <B'-k ‘,e0Y/]_ 1` r Un City,State, =,!`/^ Y‘ ao t " V r hJJ PS Form 3800.August 2006 See Reverse for Instructions Agenda Item #4.A. 21 May 2020 Page 27 of 90 8 air City of Atlantic Beach NEOPOST i 800 Seminole Road 04/10/2020 Q G Atlantic Beach, Florida 32233 US POSTAGE$006.90° 7013 1710 0002 1691, 3859 atel.liir. 7IP 32233 041M11299654 1\, a- -4,*\ ?4)--\ ANK 4/10/2020 Case Numb ai:x2 -- 322 DE 1 0ee4/2Z /?O RETURN TO SENDER MCGURRIN JUSTIN A Certified M I N S'U`F E=''E"a T ADDRESS 7100 WILDER AVE 7013 1710 0 UNABLE TO FORWARD JACKSONVILLE. FL 32208 8C: 32233 S 46199 273B-11590-10-36x 3?.,23.3>S 4,6.1 illikliiiiimIt.cil 1l,lmilitstiialtitilitlititiiiii, .1 Agenda Item #4.A.21 May 2020Page 28 of 90 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3. A. Signature Print your name and address on the reverse X 0 Agent so that we can return the card to you.0 Addressee Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Deliver or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? Yes n If YES,enter delivery address below: 0 No 1r1 ` krlr 1 b 1a V\ a—ef 2g Ce t 111111 III IIII III IIII III 1111111 3. Service Type 0 Adult Signature Priority Mail Express® Registered MaiIT." O Adult Signature Restricted Delivery 0 Registered Mail Restricts 0 Certified Mail® Delivery 9590 9402 4495 8248 3529 05 Certified Mail Restricted Delivery 0 Return Receipt for O Collect on Delivery Merchandise 2. Article Number(Transfer from canilro/ /-1.1/1n c^"".ct on Delivery Restricted Delivery 0 Signature Confirmation." 211 _ 1710 Q Q n 1691Q$ 6 ed Mail 0 Signature Confirmation ed Mail Restricted Delivery Restricted Delivery over$500) I PS Form 3811.July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Agenda Item #4.A.21 May 2020Page 29 of 90 FAQs >USPS Tracking® Track Another Package + Tracking Number: 701 31 71 000021 691 3866 Remove X Your item has been delivered to an agent for final delivery in FERNANDINA BEACH, FL 32034 on April 13, 2020 at 1:28 pm. C Delivered to Agent April 13, 2020 at 1:28 pm a Delivered to Agent for Final Delivery a) FERNANDINA BEACH, FL 32034 Get Updates \./ Text & Email Updates u Tracking History April 13, 2020, 1:28 pm Delivered to Agent for Final Delivery FERNANDINA BEACH, FL 32034 Your item has been delivered to an agent for final delivery in FERNANDINA BEACH, FL 32034 on April 13, 2020 at 1:28 pm. April 13, 2020, 7:38 am Out for Delivery FERNANDINA BEACH, FL 32034 Agenda Item #4.A. 21 May 2020 Page 30 of 90 April 13, 2020, 7:27 am Arrived at Unit FERNANDINA BEACH, FL 32034 April 13, 2020, 3:39 am Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER April 12, 2020 In Transit to Next Facility April 10, 2020, 6:23 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information uCD Q n See Less " Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs Agenda Item #4.A. 21 May 2020 Page 31 of 90 Page 32 of 90 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: 5/22/2020 Fllw Up: 5/22/2020 Site Address: 50 SIMMONS RD ATLANTIC BEACH, FL 32233 Site APN: 172173 0000 Officer: Angela Irizarry Details: Printed: Monday, 18 May, 2020 1 of 8 CASE DETAILS Case Number 19-228 Agenda Item #4.A.21 May 2020Page 33 of 90 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: Monday, 18 May, 2020 2 of 8 CASE DETAILS Case Number 19-228 Agenda Item #4.A.21 May 2020Page 34 of 90 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: Monday, 18 May, 2020 3 of 8 CASE DETAILS Case Number 19-228 Agenda Item #4.A.21 May 2020Page 35 of 90 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: Monday, 18 May, 2020 4 of 8 CASE DETAILS Case Number 19-228 Agenda Item #4.A.21 May 2020Page 36 of 90 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: Monday, 18 May, 2020 5 of 8 CASE DETAILS Case Number 19-228 Agenda Item #4.A.21 May 2020Page 37 of 90 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: Monday, 18 May, 2020 6 of 8 CASE DETAILS Case Number 19-228 Agenda Item #4.A.21 May 2020Page 38 of 90 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. CEB MEETING Angela Irizarry 3/5/2020 3/5/2020 Justin attended meeting and stated he was trying to get house fixed but was having a hard time finding a contractor who could pull permits. Case was deferred until May meeting and Code Enforcement will give Justin the name of a few contractors who have recently pulled permits. CODE ENFORCEMENT ORDER Kim Flower 3/17/2020 5/12/2020 SCAN & UPLOAD EXECUTED ORDERS Kim Flower 3/20/2020 3/20/2020 NOTICE OF HEARING Kim Flower 3/28/2020 4/10/2020 Sent notice for 5/21/2020 SM hearing CMRR RECEIVED W/SIGNATURE Angela Irizarry 4/14/2020 5/6/2020 NOH was delivered to alt address listed in utility billing records. (5401 Waldron St) PERMIT ISSUED/OBTAINED Building 4/17/2020 4/17/2020 Electrical Permit only. Permit issued to replace electric panel. CMRR RETURNED FROM PO Angela Irizarry 4/24/2020 5/6/2020 NOH dated 4/10/2020 mailed to 7100 Wilder Ave was returned by post office as "INSUFFICIENT ADDRESS" CODE ENFORCEMENT AGENDA Kim Flower 4/30/2020 5/15/2020 CODE ENFORCEMENT ORDER Kim Flower 5/19/2020 SCAN & UPLOAD EXECUTED ORDERS Kim Flower 5/22/2020 Printed: Monday, 18 May, 2020 7 of 8 CASE DETAILS Case Number 19-228 Agenda Item #4.A.21 May 2020Page 39 of 90 INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI INSPECTIONS FINANCIAL INFORMATION Printed: Monday, 18 May, 2020 8 of 8 CASE DETAILS Case Number 19-228 Agenda Item #4.A.21 May 2020Page 40 of 90 TO P WORK3,0v. i&-t) CITY OF ATLANTIC BEACH BUILDING AND ZONING DEPARTMENT (904) 247-5826 NOTICE This building has been inspected and work regarding: General Construction 1 Mechanical Concrete and Masonry I Electrical Plumbing A Gas Piping IS NOT ACCEPTED AND MUST CEASE CORRECT AS NOTED BELOW, BEFORE ANY FURTHER WORK: Sh-'c/ he) ns Y O 910P- 4.) 100 4.) ADDRESS: l t h c/' i 4, I17: Please contact our department regarding this notice within 10 days. If you do not, this violation being forwarded to the CODE ENFORCEMENT DEPARTMENT. The posting of this placard by its contents shall serve as due notice. DO NOT REMOVE THIS NOTICE Inspector: 47\ Date: / )-- ,3-6, ---/ (/ Agenda Item #5.A. 21 May 2020 Page 41 of 90 WARHURST MATTHEW ANDREW II , Primary Site Address Official Record Book/Page Tile# 70 10TH ST W 70 W 10TH ST 16918-01543 9417 ATLANTIC BEACH, FL 32233 Atlantic Beach FL 32233- 70 W 10TH ST Property Detail Value Summary RE# 170812-0070 Value Description 2019 Certified 2020 In Pr.•ress Tax District USD3 Value Method CAMA CAMA Property Use 0100 Single Family Total Building Value $122,317.00 121,047.00 of Buildings 1 Extra Feature Value $0. 00 0.00 For full legal description see Land Value(Market) $23,294.00 25,745.00 Legal Desc. Land&Legal section below Land Value(Agric.) $0. 00 0. 00 Subdivision 03119 ATLANTIC BEACH SEC H Just(Market)Value $145,611.00 146,792.00 Total Area 2788 Assessed Value $117,133.00 117,133.00 The sale of this property may result in higher property taxes.For more information go to Save Cap Diff/Portability Amt $28,478.00/$0.00 $29,659.00/$0.00 Our Homes and our Property Tax Estimator.'In Progress'property values,exemptions and Exemptions $50,000.00 See below other supporting information on this page are part of the working tax roll and are subject to Taxable Value $67,133.00 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 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 Assessed Value 117, 133.00 Assessed Value 117,133.00 Assessed Value 117,133.00 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 92,133.00 Taxable Value 67,133.00 Taxable Value 67,133.00 4, Sales History J Book/Page I Sale Date I Sale Price I Deed Instrument Type Code I Qualified/Unqualified I Vacant/Improved 116918-01543 19/16/2014 I$114,900.00 I SW-Special Warranty I Unqualified I Improved 4. Extra Features No data found for this section 4. Land&Legal - Land Legal I LN I Code I Use Description I Zoning I Front I Depth I Category I Land Units I Land Type I Land Value I I LN I Legal Description 11 10101 I RES MD 8-19 UNITS PER ACI ARG 127.55 1102.00 I Common 127.55 I Front Footage I$25,745.00 I 1 18-34 38-2S-29E.065 2 ATLANTIC BEACH SEC H 3 E 27.55FT OF W 32.6FT OF 4 LOT 3 BLK 66 4- Buildings Building 1 Building 1 Site Address I Element I Code I Detail70W10THSTUnit Atlantic Beach FL 32233- Exterior Wall 8 8 Horizontal Lap Roof Struct 3 3 Gable or Hip Building Type 0105-TOWNHOUSE Roofing Cover 3 3 Asph/Comp Shng Year Built 2014 Interior Wall 5 5 Drywall Building Value 121,047.00 Int Flooring 14 14 Carpet Int Flooring 8 8 Sheet Vinyl f yP e Gross Heated Effective Heating Fuel 4 4 Electric T. Area Area Area Heating Type 4 4 Forced-Dulled I-1 Finished upper 640 640 608 Air Cond 3 3 Central story 1 Base Area 640 640 640 Finished Open Element I Code I Detail Porch 50 0 15 Baths 2.000 Total 1330 1280 1263 Bedrooms 3.000 Stories 2.000 Rooms/Units 1.000 2019 Notice of Proposed Property Taxes Notice(TRIM Notice). Taxing District Assessed Value 1 Exemptions I Taxable Value I Last Year I Proposed I Rolled-back I Gen Govt Beaches I$117, 133.00 I$50,000.00 I$67,133.00 I$529.41 I$547.21 I$518.37 I I I I I I I Agenda Item #5.A. 21 May 2020 Page 42 of 90 c Agenda Item #5.A. 21 May 2020 Page 43 of 90 A IL f OTT OW, J It ii Agenda Item #5.A.21 May 2020Page 44 of 90 r '' i lcl CITY OF ATLANTIC BEACH J' t` 1, st'\ 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 r r PHONE (904) 247-5800 Us21:> " CERTIFIED MAIL RETURN RECEIPT REQUESTED 7013 1710 0002 1691 0544 12/13/2019 WARHURST MATTHEW ANDREW II 70 10TH ST W ATLANTIC BEACH,FL 32233 Real Estate Number: 170812 0070 Case Number: 19-254 Location of Violation: 70 W 10TH ST, 18-34 38-2S-29E .065,ATLANTIC BEACH SEC H,E 27.55FT OF W 32.6FT OF,LOT 3 BLK 66 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 70 W 10TH ST was conducted on 12/13/2019. 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: Improvements have been made in the back yard of the property without obtaining a City of Atlantic Beach permit. These improvements include pavers and a metal building. VIOLATION CODE: FBC Section 105 Permit 105.1 Required.Any owner or authorized agent who intends to construct,enlarge,alter,repair,remove, demolish,or change the occupancy of a building or structure,or to erect, install,enlarge, alter, repair,remove,convert or replace any required impact resistant coverings,electrical,gas, mechanical or plumbing system,the installation of which is regulated by this code,or to cause any such work to be done,shall first make application to the Building Official and obtain the required permit. This letter requests that the noted violation(s) be corrected by submitting an application to the city for all unpermitted imrovements that have been added to the rear yard 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. 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, `2) hereby swear and affirm that the above statement is true and accurate. ely, N(NiC:1. 11-Angela Irizarry CODE ENFORCEMENT Agenda Item #5.A. 21 May 2020 Page 45 of 90 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 X Agent so that we can return the card to you. h,^ 0 Addressee rtonh thisf cardnt to the back it the mailpiece,B. Received b (Printed N' ^C. t o of/Deliver) or on the front if space permits. Y7 4d- 1. J- 1. Article Addressed to: D. Is delivery address different from item 1? e I r If YES,enter delivery address below: No v WQrhk..irS-4--- 11111 4--- II III 1111 I 11111111 I 111 111111 3. Service Type 0 Adult Signature 0 Priority Mail Express Registered MaiIT Adult Signature Restricted Delivery 0 Registered Mail Restrict( 9590 9402 3831 8032 5665 19 0 Certified Mair ReturnCertifiedMailRestrictedDelivery Return Receipt for Collect on Delivery Merchandise 2. Article Number(Transfer from service label) Collect on Delivery Restricted Delivery 0 Signature Confirmation•' nil 0 Signature Confirmation 7 013 1710 0002 16 91 0544 nil Restricted Delivery Restricted Delivery S Form 3811.July 2015 PSN 7530-02-000-9053 Domestic Return Recei ,Agenda Item #5.A.21 May 2020Page 46 of 90 Permit Reviewsff x City of Atlantic Beach Permit Number: ACC19-0093 Description:SHED Applied: 12/27/2019 Approved: Site Address:70 W 10TH ST Issued: Finaled: City,State Zip Code:Atlantic Beach,Fl 32233 Status: RECEIVED Applicant:<NONE> Parent Permit: Owner:WARHURST MATTHEW ANDREW II Parent Project: Contractor:<NONE> Details: OWNER BUILDER LIST OF REVIEWS SENT DATE RETURNED DUE DATE TYPE CONTACT STATUS REMARKS DATE Review Group:AUTO 12/27/2019 12/27/2019 SUBMITTAL Permit Tech APPROVED COMPLETENESS Notes: 12/27/2019 12/30/2019 1/13/2020 ZONING Zoning DENIED Notes: Setbacks:Storage and tool sheds must be at least 5 feet from rear and side property lines.Please revise accordingly. Size:Storage and tool sheds are limited to 150 square feet in size. 12/27/2019 12/27/2019 1/13/2020 BUILDING Building APPROVED Notes: I expect Plan.and Zon.to deny because of set backs. 12/27/2019 12/31/2019 1/13/2020 PUBLIC WORKS Public Works DENIED Reviewed 12/30/19 Notes: Section 24-66(b)of the Land Development Regulations requires on-site storage for increased run-off if adding 250 SF or more impervious surface. Provide Delta volume calculations and on-site retention required per Section 24- 66(b). Provide a detailed plan of water retention area and how water runoff gets to water retention areas and then to street. Documentation shows impervious areas are over the 45%allowed by City code. 12/27/2019 1/6/2020 1/13/2020 PUBLIC UTILITIES Public Utilities NOT APPLICABLE TO DEPARTMENT Notes: Printed: Monday,06 January, 2020 1 of 1 r Agenda Item #5.A. 21 May 2020 Page 47 of 90 s)--An-f,,, CITY OF ATLANTIC BEACHj' iii; Ili 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 PHONE (904)247-5800 4- 1-0,1119 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7018 2290 0001 0116 8459 2/10/2020 WARHURST MATTHEW ANDREW II SENT CERTIFIED AND USPS MAIL 70 10TH ST W ATLANTIC BEACH, FL 32233 Real Estate Number: 170812 0070 Case Number: 19-254 Location of Violation: 70 W 10TH ST, 18-34 38-2S-29E .065,ATLANTIC BEACH SEC H, E 27.55FT OF W 32.6FT OF, LOT 3 BLK 66 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 70 W 10TH ST was conducted on 12/13/2019. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: VIOLATION CODE: FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct, enlarge,alter,repair,remove, demolish, or change the occupancy of a building or structure,or to erect, install,enlarge,alter, repair, remove, convert or replace any required impact resistant coverings, electrical, gas, mechanical or plumbing system,the installation of which is regulated by this code,or to cause any such work to be done,shall first make application to the Building Official and obtain the required permit. NATURE OF VIOLATION: Improvements have been made in the back yard of the property without obtaining a City of Atlantic Beach permit. These improvements include pavers and a metal building. On Dec. 27, 2019 a permit application was received but was subsequently denied. This letter requests that the noted violation(s) be corrected by resubmitting a permit application that meets stipulations listed in the denial or removing all unpermitted work 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. 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, fcjic . _ ?_\- nZ1cr- i , hereby swear and affirm that the above statement is true and accurate. Sinc rely, ngela Iri CODE ENFORCEMENT Agenda Item #5.A. 21 May 2020 Page 48 of 90 U. , • r - CERTIFIED MAIL° RECEIPT 4 Domestic Mail Only For delivery information,visit our website at www.usps.com'. n kk b 'k L 1 Certified Mail Fee Extra Services&Fees(check box,add fee as appropriate) 0 Return Receipt(hardcopy) $ _ kitaReturnReceipt(electronic) $ a Certified Mail Restricted Delivery $ 0 Adult Signature Required $ 0 Adult Signature Restricted Delivery$ M Postage r v $ l l Total Postage and Fees SentTof 1TaftW.{ 3 1 street a Apt.No.,or PO Pox No. City,$tate,Z115+40 Agenda Item #5.A.21 May 2020Page 49 of 90 imatztjunguiwikdau ko.i. s A!City of Atlantic Beach I 1111 ;111 I II jEOPOST FIRST-CLASS MAIL 1 ti 800 Seminole Road 2/11/2020 S POSTAGE$006.90'0 Atlantic Beach, Florida 32233 701,8 2290 0001 0116 8459 _: Ir• ZIP 32233 t " zi • 041M11299654 J I WARHURST MATTHEW ANDREW II C b\ 7010THSTW N7Y 322 DE 1 00. 3/04/20 I ATLANTIC BEACH, FL 32233 RETURN TO SENDER UNCLAIMED UNACLE TO FORWARD 12ea1Estate Number: 1708120070 Case Ng be 8C: 32233546199 x.638-08356-21-4 . 33. 3 X0,4:61 lOiliiltiii!itillilliiliiliiiil,tliii„lsliiit+iliilipifi,iilii i Agenda Item #5.A.21 May 2020Page 50 of 90 rj1 ? 5LAN f,„ CODE ENFORCEMENT 41*1 CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING a. O; 19 4/10/2020 Case Number: 19-254 WARHURST MATTHEW ANDREW II Certified Mail Return Receipt: 70 10TH ST W 7013 1710 0002 1691 3880 ATLANTIC BEACH, FL 32233 Property Address: 70 W 10TH 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 May 21, 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 70 W 10TH ST, RE#170812 0070, 18-34 38-2S-29E .065, ATLANTIC BEACH SEC H, E 27.55FT OF W 32.6FT OF, LOT 3 BLK 66. 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 FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, remove, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. STATEMENT OF CODE ENFORCEMENT OFFICER: On 4/10/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 70 W 10TH 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: Improvements have been made in the back yard of the property without obtaining a City of Atlantic Beach permit. These improvements include pavers and a metal building. On Dec. 27, 2019 a permit application was received but was subsequently denied. As of April 10, 2020 no revised permit application has been received and we have not been notified that the accessory structure was removed.. 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. Agenda Item #5.A. 21 May 2020 Page 51 of 90 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, c"\ ! vilf "4 hereby swear and affirm that the above statement is true and •ccurate. BiY\ Angela Irizarry, Code Enforcement Officer, City of Atlantic Beach ATTEST: I , Lori Diaz, Deputy City Clerk 4111 U.S. Postal Service TM CERTIFIED MAILTM RECEIPT 2 (Domestic Mail Only;No Insurance Coverage Provided) c0 For delivery Information visit our website at www.usps.coma ra Postage $ r-R Certified Fee ru Postmark D Return Receipt Fee Here O (Endorsement Required) O Restricted Delivery Fee ci ( Endorsement Required) NTotal Postage&Fees SentTo otrh V 6md 17(t.AptNo.; 7D `o-04orPOBoxNo. L V City,State, 1P+ I g\X3It\ . A PS Fc, :1,gir,r isiructions Agenda Item #5.A. 21 May 2020 Page 52 of 90 USPS Tracking® FAQs > Track Another Package + Tracking Number: 70131710000216913880 Remove X Your item departed our USPS facility in JACKSONVILLE FL DISTRIBUTION CENTER on May 11, 2020 at 10:42 am. The item is currently in transit to the destination. In-Transit m cp May 11, 2020 at 10:42 am 6 Departed USPS Regional Facility a) JACKSONVILLE FL DISTRIBUTION CENTER Text & Email Updates u Tracking History May 11, 2020, 10:42 am Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Your item departed our USPS facility in JACKSONVILLE FL DISTRIBUTION CENTER on May 11, 2020 at 10:42 am. The item is currently in transit to the destination. May 7, 2020, 9:54 am Unclaimed/Being Returned to Sender ATLANTIC BEACH, FL 32233 Reminder to Schedule Redelivery of your item Agenda Item #5.A. 21 May 2020 Page 53 of 90 April 13, 2020, 10:19 am Notice Left (No Authorized Recipient Available) ATLANTIC BEACH, FL 32233 April 12, 2020 In Transit to Next Facility April 10, 2020, 8:49 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information u See Less /\ m D D Q. 0 a) c)7- Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs Agenda Item #5.A. 21 May 2020 Page 54 of 90 got sL t. CITY OF ATLANTIC BEACH 7.. 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 J r PHONE (904)247-5800 01119 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7018 2290 0001 0116 8640 5/6/2020 WARHURST MATTHEW ANDREW II SENT VIA USPS REGULAR MAIL 70 10TH ST W AND CERTIFIED MAIL ATLANTIC BEACH, FL 32233 Real Estate Number: 170812 0070 Case Number: 19-254 Location of Violation: 70 W 10TH ST, 18-34 38-2S-29E .065, ATLANTIC BEACH SEC H, E 27.55FT OF W 32.6FT OF, LOT 3 BLK 66 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 70 W 10TH ST was conducted on 12/13/2019. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: VIOLATION CODE: FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, remove, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. NATURE OF VIOLATION: Improvements have been made in the back yard of the property without obtaining a City of Atlantic Beach permit. These improvements include pavers and a metal building. On Dec. 27, 2019 a permit application was received but was subsequently denied. As of today no revised permit application has been received and we have not been notified that the accessory structure was removed. This letter requests that the noted violation(s) be corrected by resubmitting a permit application that meets stipulations listed in the denial or removing all unpermitted work within ten (10) days of the receipt of this notice. If the unpermitted work has been removed, please contact this office for a follow up inspection to confirm removal. Agenda Item #5.A. 21 May 2020 Page 55 of 90 Thank you for your cooperation in this matter. Failure to correct the violation by the required date will result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty dollars ($250.00) per day. 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 p 2 —TVA 2Q , hereby swear and affirm that the above statement is true and accurate. erely, Angela Irizt CODE EN •RCEMENT Agenda Item #5.A. 21 May 2020 Page 56 of 90 L—vt-if CITY OF ATLANTIC BEACH Ise 800 SEMINOLE ROAD 7._ 1 ATLANTIC BEACH, FL 32233 p Z PHONE (904) 247-5800 4'..:4-01319',' NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 19-254 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: Jo a- 0 Location: 70 W 10TH ST,Atlantic Beach, Florida 2) Date Posted: k.k, . -03 Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 Angela Irizarry, Code Enforcement County of Duval State of Florida The foregoing Affidavit was acknowledged before me this I / day of 20 2,0, by Angela Irizarry,who is personally known to me as Code Enforc ment or the City of Atlantic Beach. Person taking acknowledgement: Notary Stamp/Seal) azz; Notary Public, State of Flor' 0,0,,,••••••%.,,, evr LowDAz i MY 1 s : November 13,2022 6ondsdTMu • Put&Underidlers J Agenda Item #5.A. 21 May 2020 Page 57 of 90 0 -1.17,1 CODE ENFORCEMENT CITY OF ATLANTIC BEACH, FLORIDA X NOTICE OF HEARING 5/11/2020 Case Number: 19-254 WARHURST MATTHEW ANDREW II POSTED ON PROPERTY AND 70 10TH ST W ATLANTIC BEACH CITY HALL ATLANTIC BEACH, FL 32233 Property Address: 70 W 10TH 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 May 21, 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 70 W 10TH ST, RE#170812 0070, 18-34 38-2S-29E .065, ATLANTIC BEACH SEC H, E 27.55FT OF W 32.6FT OF, LOT 3 BLK 66. 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 FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, remove, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. STATEMENT OF CODE ENFORCEMENT OFFICER: On 4/10/2020 the undersigned Code Enforcement Officer conducted an inspection of the records for 70 W 10TH 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: Improvements have been made in the back yard of the property without obtaining a City of Atlantic Beach permit. These improvements include pavers and a metal building. On Dec. 27, 2019 a permit application was received but was subsequently denied. As of today no revised permit application has been received and we have not been notified that the accessory structure was removed.. 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. Agenda Item #5.A. 21 May 2020 Page 58 of 90 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, 1-- e\a 6 PP- -1ms hereby swear and affirm that the above statement 0is an cur. Angela Iriz.1114 , Code Enforcement Officer, Ci . Atlantic :each ATTEST: Kim Flower, Records Clerk Agenda Item #5.A. 21 May 2020 Page 59 of 90 Agenda Item #5.A.21 May 2020Page 60 of 90 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER WARHURST MATTHEW ANDREW II 70 10TH ST W ATLANTIC BEACH, FL 32233 PRIOR OWNER MATTHEW ANDREW WARHURST II 70 10TH ST W ATLANTIC BEACH, FL 32233 VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES SWO Florida Bldg Code Angela Irizarry 12/13/2019 FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, remove, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. VIOLATIONS Description: Shed - No permits Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: STOP WORK ORDER Opened: 11/27/2019 Closed: Last Action: 5/11/2020 Fllw Up: 5/15/2020 Site Address: 70 W 10TH ST ATLANTIC BEACH, FL 32233- Site APN: 170812 0070 Officer: Angela Irizarry Details: Printed: Friday, 15 May, 2020 1 of 3 CASE DETAILS Case Number 19-254 Agenda Item #5.A.21 May 2020Page 61 of 90 CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES STOP WORK ORDER POST Mike Jones 11/26/2019 11/26/2019 NOV CERT Angela Irizarry 12/13/2019 12/13/2019 PERMIT APPLIED FOR Angela Irizarry 12/27/2019 12/27/2019 CMRR RECEIVED W/SIGNATURE Angela Irizarry 12/30/2019 12/30/2019 EMAIL SENT Building 1/6/2020 1/6/2020 Permit review notes sent by Building Department per Trakit. NOV CERT Angela Irizarry 2/10/2020 2/10/2020 NOV REG Angela Irizarry 2/10/2020 2/10/2020 OTHER Angela Irizarry 3/6/2020 3/6/2020 Checked File. No permit revision has been submitted. Refer to Special Magistrate CMRR RETURNED FROM PO Angela Irizarry 3/11/2020 3/11/2020 NOV sent on 2/20/2020 by Certified mail was returned by USPS as "unclaimed" Copy sent by regular USPS mail was not returned. NOH LTR Angela Irizarry 4/10/2020 4/10/2020 NOV CERT Angela Irizarry 5/6/2020 5/6/2020 NOV REG Angela Irizarry 5/6/2020 5/6/2020 NOH POST AND AFF Angela Irizarry 5/11/2020 5/11/2020 CMRR STATUS UPDATE Angela Irizarry 5/11/2020 5/11/2020 NOH dated 4/10/2020 for the 5/21/2020 hearing is being returned as unclaimed. CMRR RETURNED FROM PO Angela Irizarry 5/12/2020 5/12/2020 NOH certified letter dated 4/10/2020 returned CHRONOLOGY INSPECTIONS FINANCIAL INFORMATION Printed: Friday, 15 May, 2020 2 of 3 CASE DETAILS Case Number 19-254 Agenda Item #5.A.21 May 2020Page 62 of 90 Printed: Friday, 15 May, 2020 3 of 3 CASE DETAILS Case Number 19-254 Agenda Item #5.A.21 May 2020Page 63 of 90 Page 64 of 90 ROMANO ELAINA. i.__ OfficialSiteAddress Record Book/Page Tile# 200 TROTTER RD#426 1101 BEGONIA ST 16496-01288 9418 WEYMOUTH, MA 02190 Atlantic Beach FL 32233 1101 BEGONIA ST Property Detail Value Summary RE# 171022-1000 Value Description 2019 Certified 2020 In Progress Tax District USD3 Value Method CAMA CAMA Property Use 0000 Vacant Res<20 Acres Total Building Value $0.00 0.00 of Buildings 0 Extra Feature Value $0.00 0.00 For full legal description see Land Value(Market) $59,395.00 65,625.00 Legal Desc. Land&Legal section below Land Value(Agric.) $0.00 0.00 Subdivision 03119 ATLANTIC BEACH SEC H Just(Market)Value $59,395.00 65,625.00 Total Area 9719 Assessed Value $49,252.00 54,177.00 The sale of this property may result in higher property taxes.For more information go to S,lg Cap Duff/Portability Amt $10,143.00/$0.00 $11,448.00/$0.00 Our Homes and our Pyr perty Tax Estimator.'In Progress'property values,exemptions and See below 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 certified in October,but may Taxable Value $49,252.00 See below indude any official changes made after certification Learn how the Property A_p_praiser's Office T 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 I Sale Date I Sale Price I Deed Instrument Type Code Qualified/Unqualified I Vacant/Improved 16496-01288 5/8/2013 1$27,000.00 1 WD-Warranty Deed Unqualified i Vacant I 07699-01246 10/28/1993 $100.00 CT-Certificate of Title Unqualified Vacant I 00000-00000 9/10/1984 $0.00 MS-Miscellaneous Unqualified 1 Vacant I Extra Features No data found for this section Land&Legal - Land Legal I LN I Code I Use Description I Zoning I Front I Depth I Category I Land Units I Land Type I Land Value I I LN ILegal Description 1 0100 RES W 3-7 UNITS PER AC ARS-2 70. 00 102.00 Common 70.00 Front Footage $65,415.00 I 1 18-34 38-2S-29E.222 2 9600 WASTE LAND ARS-2 0.00 0.00 Common 0.06 Acreage ,$210.00 I 2 ATLANTIC BEACH SEC H 3 LOT 6,N1/2 STREET LYING S THEREOF 4 CL BY U/R BCH ORD#65-84-10 5 BLK 205 4. Buildings No data found for this section 2019 Notice of Pro sed Pro a Taxes Notice(TRIM Notice) ITaxing District Assessed Value I Exemptions Taxable Value I Last Year I Proposed I Rolled-back Gen Govt Beaches 49,252.00 0.00 49,252.00 364.97 401.46 I$380.30 Public Schools:By State Law 49,252.00 0.00 59,395.00 202.45 231.76 I$225.46 By Local Board 49,252.00 0.00 59,395.00 112.51 133.52 i$125.30 FL Inland Navigation Dist. 49,252.00 0.00 49,252.00 1.43 1.58 1.50 Atlantic Beach 49,252.00 0.00 49,252.00 144.56 159.01 151.02 Water Mgmt Dist.SJRWMD 49,252.00 0.00 49,252.00 11.47 11.89 11.89 Gen Gov Voted 49,252.00 0.00 49,252.00 0.00 0.00 0.00 School Board Voted 49,252.00 0.00 59,395.00 0.00 0.00 0.00 Urban Service Dist3 49,252.00 0.00 49,252.00 0.00 0.00 0.00 Totals 837.39 939.22 895.47 Description Just Value Assessed Value Exemptions Taxable Value Last Year $50,050.00 44,775.00 0.00 44,775.00 Current Year $59,395.00 49,252.00 0.00 49,252.00 2019 TRIM Property Record Card(PRC) This PRC reflects property details and values at the time of the original mailing of the Notices of Proposed Property Taxes(TRIM Notices)in August. Property Record Card(PRC) The PRC accessed below reflects property details and values at the time of Tax Roll Certification in October of the year listed. Agenda Item #5.B. 21 May 2020 Page 65 of 90 s CITY OF ATLANTIC BEACH s 800 SEMINOLE ROAD ii; ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 2/5/2020 ROMANO ELAINA 200 TROTTER RD #426 WEYMOUTH, MA 02190 Real Estate Number: 171022 1000 AND 171022 0010 Case Number: 20-023 Location of Violation: 1101 BEGONIA ST AND 0 BEGONIA ST, 18-34 38-2S-29E SEC H ATLANTIC BEACH LOT 5 BLK 205; AND 18-34 38-2S-29E .222, ATLANTIC BEACH SEC H, LOT 6,N1/2 STREET LYING S THEREOF, CL BY U/R BCH ORD#65-84-10, BLK 205 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 1101 BEGONIA ST and 0 BEGONIA ST was conducted on 2/4/2020. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: VIOLATION CODE: Sec. 24-163. Recreational vehicles stored or parked on any residential lot shall be subject to the following provisions: (c) Recreational Vehicles stored or parked on any residential lot shall be subject to the following provisions: (1) Not more than one (1) recreational vehicles, boat or boat trailer, or other type of trailer shall be stored or parked on any residential lot which is 5000 square feet lot area or less. Minimum lot area of 10.000 square feet is required for storage or parking of any second recreational vehicle, boat or boat trailer or other type trailer. In no case may more than a total of two such vehicles and trailers be parked on any residential lot. NATURE OF VIOLATION: Multiple recreational vehicles are being stored on your property. According to the City of Jacksonville Property appraiser the northern lot RE# 171022-0010 contains 5,112 sq. feet. The southern lot, RE#171022 1000 contains .22 Acres or 9,583 feet. The code would allow for one RV or trailer or boat on each lot. This letter requests that the noted violation(s) be corrected by limiting the parking of the described vehicles and removing all others within ten (10) days of the receipt of this notice. Agenda Item #5.B. 21 May 2020 Page 66 of 90 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, P Q Q Q hereby swear and affirm that the above statement is true and accura e. Si ely, Angela Iriz gC-); 52'°%- CODE ENFORCEMENT Agenda Item #5.B. 21 May 2020 Page 67 of 90 aj' -rti Iii y, P.fUC 9rIDYirti ., .g Agenda Item #5.B.21 May 2020Page 68 of 90 4:At Liasil. W RST CLASS MA i City of Atlantic Beach NEOPOST F ii TT E5 3:)800 Seminole Road 02/05/2020 000 50°1. aAtlanticBeach, Florida 32233 US POSTAGE RECEIVED Mta-42:: 0 4 1 ZIP 1 1322 9293635 4 FEB 28 2020 ROMANO ELAINA 2 li Z e 200 TROTTER RD #426 F E 7L1 F.Ti "'n r; 7.-=".'.'''''E F 1 WEYMOUTH, MA 02190 N UT 0 E.,L VERABLIE A-5: ACICIKE-SSED i UNABLE TO FORWARD BC: 32233546199 66-1.01 F etatp 1VIIIIIIIpr- 171 rvr) innn ANT) 171 n11 1438-0474B 41 Ilitili•tili4iiittitilit g32190>3823 Agenda Item #5.B.21 May 2020Page 69 of 90 r; CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 PHONE (904)247-5800 lilj POSTED ON PROPERTY AND ATLANTIC BEACH CITY HALL 3/11/2020 ROMANO ELAINA 200 TROTTER RD#426 WEYMOUTH,MA 02190 Real Estate Number: 171022 1000 ' Case.Number: 20-023 Location of Violation: 1101 BEGONIA ST, 18-34 38-2S-29E SEC H ATLANTIC BEACH LOT 5 BLK 205 AND 18-34 38-2S-29E .222,ATLANTIC BEACH SEC H,LOT 6,N1/2 STREET LYING S THEREOF,CL.BY U/R BCH ORD#65-84-10,BLK 205 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 1101 BEGONIA ST was conducted on 3/11/2020. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: VIOLATION CODE: Sec. 24-163. Recreational vehicles stored or parked on any residential lot shall be subject to the following provisions: (c) Recreational Vehicles stored or parked on any residential lot shall be subject to the following provisions: (1) Not more than one(1)recreational vehicles,boat or boat trailer,or other type of trailer shall be stored or parked on any residential lot which is 5000 square feet lot area or less. Minimum lot area of 10.000 square feet is required for storage or parking of any second recreational vehicle,boat or boat trailer or other type trailer. In no case may more than a total of two such vehicles and trailers be parked on any residential lot. NATURE OF VIOLATION: Multiple recreational vehicles are being stored on your property. According to the City of Jacksonville Property appraiser the northern lot RE# 171022-0010 contains 5,112 sq. feet. The southern lot,RE#171022 1000 contains .22 Acres or 9,583 feet.The code would allow for one RV or trailer or boat on each lot. This letter requests that the noted violation(s)be corrected by limiting the parking of the described vehicles and removing all others 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. 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- 585 if you have any questions or need additional information. I, Ck t``\ hereby swear and affirm that the above statement is true and accurate. ncerely, 1/4.)..._. ge a ' rry CODE ENFORCEMENT Agenda Item #5.B. 21 May 2020 Page 70 of 90 y\J r J''r•j CITY OF ATLANTIC BEACH c 800 SEMINOLE ROAD t-Kj* __' 1 ATLANTIC BEACH, FL 32233 PHONE (904)247-5800 POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 20-023 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 Violation, a copy of which is attached, was mailed regular mail and was posted at the following locations: r 1) Date Posted:1 I) 202 0 Location: 1101 BEGONIA ST,Atlantic Beach, Florida 2) Date Posted: 311\ 1 2& 6 Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 I ji,\ Q___c______ k.__j,____ zsAngelaIrina , Code Enforcemen ' County of Duval State of Florida The foregoing Affidavit was acknowledged before me this 11-2111- day of /i2R,C/f 20.20 , 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 ' 1 Itararr ary Publi .'+1Prn'!' YVONNE VEL97MYN R 978537 a iii ,, EXPIRES:July 29,2020 COMMISSION Z%3',ern;, ` Banded Thru Notary Pub1 c Underwriters i Agenda Item #5.B. 21 May 2020 Page 71 of 90 r r' maiu Agenda Item #5.B.21 May 2020Page 72 of 90 a_ Agenda Item #5.B.21 May 2020Page 73 of 90 Agenda Item #5.B. 21 May 2020 Page 74 of 90 t`4J-vi:r CODE ENFORCEMENT c A CITY OF ATLANTIC BEACH, FLORIDA tik zs'5 fay,NOTICE OF HEARING 1.7-011 cr' 4/10/2020 Case Number: 20-023 ROMANO ELAINA Certified Mail Return Receipt: 200 TROTTER RD#426 7013 1710 0002 1691 3873 WEYMOUTH, MA 02190 Property Address: 1101 BEGONIA ST& 0 BEGONIA 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 May 21, 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 1101 BEGONIA ST, RE#171022 1000, 18-34 38-2S-29E SEC H ATLANTIC BEACH LOT 5 BLK 205 AND 18-34 38-2S-29E .222, ATLANTIC BEACH SEC H, LOT 6,N1/2 STREET LYING S THEREOF, CL BY U/R BCH ORD #65-84-10, BLK 205 & 0 BEGONIA ST., RE#171022 0010 18-34 38-2S-29E, SEC H ATLANTIC BEACH, LOT 5 BLK 205 . 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. 24-163. Recreational vehicles stored or parked on any residential lot shall be subject to the following provisions: (c) Recreational Vehicles stored or parked on any residential lot shall be subject to the following provisions: (1) Not more than one(1) recreational vehicles, boat or boat trailer,or other type of trailer shall be stored or parked on any residential lot which is 5000 square feet lot area or less. Minimum lot area of 10.000 square feet is required for storage or parking of any second recreational vehicle, boat or boat trailer or other type trailer. In no case may more than a total of two such vehicles and trailers be parked on any residential lot. STATEMENT OF CODE ENFORCEMENT OFFICER: On 4/10/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1101 BEGONIA 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: Multiple recreational vehicles are being stored on your property. According to the City of Jacksonville Property appraiser the northern lot RE # 171022-0010 contains 5,112 sq. feet. The southern lot, RE #171022 1000 contains .22 Acres or 9,583 feet. The code would allow for one RV or trailer or boat on each lot.. Agenda Item #5.B. 21 May 2020 Page 75 of 90 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, C.\r .( hereby swear and affirm that the above statement Cis a and ac •te. J gela Iriz. Code Enforc- - .t Officer, City of A antic Beach ATTEST: 411- a d I Lori Diaz,Deputy City Clef Agenda Item #5.B. 21 May 2020 Page 76 of 90 3ACKSONVI1_IE fr.F.. 32 , FIRST-CLASS MAILCityofAtlanticBeachNEOPOST s 800 Seminole Road u ' '04/10/2020 p Atlantic Beach, Florida 32233 US POSTAGE$000.50— s) lzk— : I ZIP 32233 041M11299654 ROMANO ELAINA Cern ; a v . l t et t 4 I.t, 2 k,4' 200 TROTTER RD#426 7013 R E U R ,; TO SENDER WEYMOUTH, MA 02190 NOT DE.LIVER.AcLE AS ADDRESSED i UNABLE TO FORWARD Prop s=s__t F_i rrs_. i ` .• ricyl BC: 32233546199 41638—X1247L8 10M_ay' 3 7 z 3 q >c 4 A 1 111111iii1111111111ar11111111to1iillii01 11i11ri1111111111111g1b 2190--3B23OO i Agenda Item #5.B.21 May 2020Page 77 of 90 nimmudillicauwajammi. FIRST-CLASS MAILt# * ‘ City of Atlantic Beach 1 1 1 1 111 Elm NEOPOST 800 Seminole Road 44 04/10/202040 Atlantic Beach,Florida 32233 US POSTAGE$006.902 r 9 1 pan ZIP 3223370131710000216913873041M11299654 V\ ?tt 1 C-11-- 03 G 4/10/2020 Case Number: 2tdief 3 NIXIE 015 FE 1 east4,/ le.,, ze ROMANO ELAINA Certif RETURN TO SENDER 200 TROTTER RD#426 7013 1 NOT DELIVER ASL E 45, ADOR ESSEP M.ATZ7 rt ZrMiv,AV", WEYMOUTH, MA 02190 I 'P itiltSisb l'3t5'94z o L11 ,BC: S223354'6199 gidliiptIllstilliliiiiiwlintiOm10”Lx4P1$11Vii4i10,Agenda Item #5.B.21 May 2020Page 78 of 90 1149111 3141013dO13AN3 d0 d011tl 113)10115 3O1rld I SENDER: COMPLETE THISIS SECTION COMPLETE THIS SECTION ON DELIVERY 1 Complete items 1,2, and 3. A. Signature Print your name and address on the reverse X 0 Agent so that we can return the card to you.0 Addressee Attach this card to the back of the mailpiece,B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: ZO D. Is delivery address different from item 1? Yes 64(A° If YES,enter delivery address below: 0 No 6,0,- 11111' ISI II I I I II I 'I III II MI 11111 lel 3. Service Type Adult Signature Priority Mail Express® Registered MaiITM Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 3831 8032 5659 49 0 Certified Mail® Delivery Certified Mail Restricted Delivery 0 Return Receipt for Collect on Delivery Merchandise n A..;,.I„nL.ro..eur rr.,rie.f r s....,,oeriline rotieA 0 Collect on Delivery Restricted Delivery 0 Signature ConflrmationTM 7 013 1710 0.002 11 911 3873 tail 0 Signature Confirmation tail Restricted Delivery Restricted Delivery I a PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Agenda Item #5.B.21 May 2020Page 79 of 90 S Ly7JvCODE ENFORCEMENT CITY OF ATLANTIC BEACH, FLORIDA t.5 Air z NOTICE OF HEARING 5/11/2020 Case Number: 20-023 ROMANO ELAINA POSTED ON PROPERTY AND 200 TROTTER RD #426 ATLANTIC BEACH CITY HALL WEYMOUTH, MA 02190 Property Address: 1101 BEGONIA ST& 0 BEGONIA 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 May 21, 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 1101 BEGONIA ST, RE#171022-1000, 18-34 38-2S-29E SEC H ATLANTIC BEACH LOT 5 BLK 205 AND RE # 171022-0010 18-34 38-2S-29E .222, ATLANTIC BEACH SEC H, LOT 6,N1/2 STREET LYING S THEREOF, CL BY U/R BCH ORD #65-84-10, BLK 205. 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. 24-163. Recreational vehicles stored or parked on any residential lot shall be subject to the following provisions: (c) Recreational Vehicles stored or parked on any residential lot shall be subject to the following provisions: (1) Not more than one (1) recreational vehicles, boat or boat trailer, or other type of trailer shall be stored or parked on any residential lot which is 5000 square feet lot area or less. Minimum lot area of 10.000 square feet is required for storage or parking of any second recreational vehicle, boat or boat trailer or other type trailer. In no case may more than a total of two such vehicles and trailers be parked on any residential lot. STATEMENT OF CODE ENFORCEMENT OFFICER: On 4/10/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1101 BEGONIA 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: Multiple recreational vehicles are being stored on your property. According to the City of Jacksonville Property appraiser the northern lot RE # 171022-0010 contains 5,112 sq. feet. The southern lot, RE #171022-1000 contains .22 Acres or 9,583 feet. The code would allow for one RV or trailer or boat on each lot. Agenda Item #5.B. 21 May 2020 Page 80 of 90 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\n 2Qr` 1 hereby swear and affirm that the above statement e and acc .te. Angela Iri. , Code Enforcement Office , f Atlan c Beach ATTEST: Kim Flower, Records Clerk Agenda Item #5.B. 21 May 2020 Page 81 of 90 s LA/Pr CITY OF ATLANTIC BEACH 1:' 800 SEMINOLE ROAD 1 ATLANTIC BEACH,FL 32233 J PHONE (904)247-5800 OE c r NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 20-023 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: f, 1) Date Posted: k. \ -03 0 Location: 0 & 1101 BEGONIA ST,Atlantic Beach,Florida 2) Date Posted: S' I` tea U Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 0,,\(\A / \ oma Angela Iriz 111 , Code Enf•rcem n County of Duval State of Florida The foregoing Affidavit was acknowledged before me this /1 day of Al 20 by Angela Irizarry,who is personally known to me as Code Enforceme t for the City of Atlantic Beach. Person taking acknowledgement: Notary Stamp/Seal) Notary Public, State of Florida r' . ., LORI adz MY COMlIS$ION I GG 276336 u, r Nouarou 13,2022 Bonded nwNoe.rPtak Wenders Agenda Item #5.B. 21 May 2020 Page 82 of 90 Agenda Item #5.B.21 May 2020Page 83 of 90 i ,` f. r Agenda Item #5.B. 21 May 2020 Page 84 of 90 Agenda Item #5.B.21 May 2020Page 85 of 90 4 ti'p5/11/?A20 Agenda Item #5.B.21 May 2020Page 86 of 90 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL ADDITIONAL CONTACT 1 Joseph Romano , OWNER ROMANO ELAINA 200 TROTTER RD #426 WEYMOUTH, MA 02190 VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES VIOLATIONS Description: Recreational Vehicle Storage Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 2/5/2020 Closed: Last Action: 5/12/2020 Fllw Up: 5/15/2020 Site Address: 1101 BEGONIA ST ATLANTIC BEACH, FL 32233 Site APN: 171022 1000 Officer: Angela Irizarry Details: Printed: Friday, 15 May, 2020 1 of 4 CASE DETAILS Case Number 20-023 Agenda Item #5.B.21 May 2020Page 87 of 90 CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES NOV REG Angela Irizarry 2/5/2020 2/5/2020 OTHER Angela Irizarry 2/28/2020 2/28/2020 NOV letter returned from post office as "Not deliverable as addressed" Property is a vacant lot. NOV POST Angela Irizarry 3/11/2020 3/11/2020 NOH LTR Angela Irizarry 4/10/2020 4/10/2020 CMRR RETURNED FROM PO Angela Irizarry 4/24/2020 4/24/2020 Notice of Hearing dated 4/10/2020 was returned by the Post office as "NOT DELIVERABLE AS ADDRESSED" OTHER Angela Irizarry 5/6/2020 5/6/2020 NOH sent via USPS regular mail was returned by the Post office as Not Deliverable as Addressed Unable to Forward PHOTOGRAPHS TAKEN Angela Irizarry 5/7/2020 5/7/2020 NOH POST AND AFF Angela Irizarry 5/11/2020 5/11/2020 CHRONOLOGY Heavy Vehicle (Too Many)Angela Irizarry 2/4/2020 OTHER Sec. 24-163. Recreational vehicles stored or parked on any residential lot shall be subject to the following provisions: (c) Recreational Vehicles stored or parked on any residential lot shall be subject to the following provisions: (1) Not more than one (1) recreational vehicles, boat or boat trailer, or other type of trailer shall be stored or parked on any residential lot which is 5000 square feet lot area or less. Minimum lot area of 10.000 square feet is required for storage or parking of any second recreational vehicle, boat or boat trailer or other type trailer. In no case may more than a total of two such vehicles and trailers be parked on any residential lot. Printed: Friday, 15 May, 2020 2 of 4 CASE DETAILS Case Number 20-023 Agenda Item #5.B.21 May 2020Page 88 of 90 TELEPHONE CALL Angela Irizarry 5/12/2020 5/12/2020 Spoke with Joseph Romano. He stated the boat and dark colored RV are his and the white RV belongs to a family members. I advised him that each lot can only have 1 vehicle on it. He will make arrangements to come into compliance and will call when only two vehicles are visible over the fence. INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI INSPECTIONS FINANCIAL INFORMATION Printed: Friday, 15 May, 2020 3 of 4 CASE DETAILS Case Number 20-023 Agenda Item #5.B.21 May 2020Page 89 of 90 Printed: Friday, 15 May, 2020 4 of 4 CASE DETAILS Case Number 20-023 Agenda Item #5.B.21 May 2020Page 90 of 90