05-06-2021 CESM Agenda Packet
City of Atlantic Beach
Agenda
Code Enforcement Special Magistrate Meeting
Thursday, May 6, 2021 - 2:00 p.m.
Commission Chamber
City Hall, 800 Seminole Road
Page(s)
1. PLEDGE OF ALLEGIANCE TO THE FLAG
2. CALL TO ORDER
3. APPROVAL OF MINUTES
3.A.
Approve minutes of the regular meeting of the March 18, 2021 Special Magistrate
meeting.
03-18-2021 DRADT Code Enforcement Special Magistrate Meeting Minutes
3 - 5
4. ADMINISTRATION OF OATH
5. OLD BUSINESS
5.A.
CASE #: 20-109
NAME: Tom Wall
ADDRESS: 885 Amberjack Lane
CE 885 Amberjack Lane Case #20-109
Case Details 20-109
7 - 38
5.B.
CASE #: 20-142
NAME: Regina Rosenstein Trust
ADDRESS: 501 Mayport Road
CE 501 Mayport Rd Case #20-142
Case Details 20-142
39 - 67
5.C.
CASE: 20-161
NAME: David E. Reed
ADDRESS: 812 Ocean Blvd.
CE 812 Ocean Blvd Case #20-161
Case Details 20-161
69 - 138
6. NEW BUSINESS
6.A.
CASE #: 21-007
NAME: Solomon Properties Inc.
ADDRESS: 695 Atlantic Blvd.
CE 695 Atlantic Blvd. Case #21-007
Case Details 21-007
139 - 150
Page 1 of 150
Code Enforcement Special Magistrate - 06 May 2021
7. ADJOURNMENT
* Homesteaded Properties
This meeting will be live-streamed and videotaped. To access live or recorded videos, click on
the Meeting Videos tab on the city's home page at www.coab.us.
Any person wishing to speak to the City Commission on any matter at this meeting should
submit a request to the City Clerk. For your convenience, forms for this purpose are ava ilable
at the entrance to the Commission Chamber.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk’s Office by 5:00 PM, the Friday prior to the meeting.
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 150
Code Enforcement Special Magistrate
March 18, 2021
MINUTES
Code Enforcement Special Magistrate Meeting
Thursday, March 18, 2021 - 2:00 PM
Commission Chamber
Present:Suzanne Green, Special Magistrate
Angela Irizarry, Code Enforcement (CE) Officer
Kim Flower, Records Clerk
1.PLEDGE OF ALLEGIANCE TO THE FLAG
Magistrate Green led the Pledge of Allegiance to the Flag.
2.CALL TO ORDER
Magistrate Green called the meeting to order at 2:00 PM.
3.APPROVAL OF MINUTES
A.Approve minutes of the regular meeting of the Code Enforcement Special
Magistrate meeting on January 7, 2021.
Magistrate Green stated she reviewed the January 7, 2021 video recording and with
approval of the City we accept the minutes as presented.
4.ADMINISTRATION OF OATH
Magistrate Green provided an overview of meeting procedures.
Magistrate Green administered the Oath to the attendees - staff and respondents.
Magistrate Green entered the case files as a packet into evidence.
Item 6.C was moved to before Item 5.A.
6.C.CASE #: 20-161
NAME: David E. Reed
ADDRESS: 812 Ocean Blvd.
The slideshow presentation was entered into the record as evidence.
Action: The Respondent shall submit current date stamped plans to the City of Atlantic
Beach Building Department within 30 days of executed Order. The Respondent agrees
to meet with the City of Atlantic Beach to discuss and obtain the necessary permits.
Agenda Item #3.A.
06 May 2021
Page 3 of 150
Code Enforcement Special Magistrate
March 18, 2021
This matter shall be scheduled for the next code enforcement hearing set for May 6,
2021, for the purpose of determining if current plans have been submitted and if
permits will be issued before any fines will be imposed.
5.OLD BUSINESS
A.CASE #: 20-055
NAME: Ronny T. Mitchell
ADDRESS: 1887 Mayport Road
Testified: CE Officer Irizarry
Respondent: Ronny T. Mitchell was present.
Action: The Respondent is in compliance and no fines will be assessed.
6.NEW BUSINESS
A.CASE #: 20-109
NAME: Tom Wall
ADDRESS: 885 Amberjack Lane
Testified: CE Officer Irizarry
Respondent: Tom Wall was not present.
Action: The Respondent shall have 10 days from the date of executed Order to
obtain the proper permit as required by the Florida Building Code and the Codes and
Ordinances of the City of Atlantic Beach. If the Respondent fails to comply within the
10 days, the Respondent shall be assessed a fine of $250 per day. In addition, fines
shall include the administrative cost to the City incurred in prosecuting this case.
B.CASE #: 20-142
NAME: Regina Rosenstein Trust
ADDRESS: 501 Mayport Road
Testified: CE Officer Irizarry
Respondent: Regina Rosenstein Trust representative was not present.
Action: The Respondent is found in violation and the Respondent has 10 days
Agenda Item #3.A.
06 May 2021
Page 4 of 150
Code Enforcement Special Magistrate
March 18, 2021
from the date of executed Order to come into compliance. Failure to timely comply
will result in a $250.00 per day fine thereafter until in compliance.
C.CASE #: 20-161
NAME: David E. Reed
ADDRESS: 812 Ocean Blvd.
This item was acted on earlier in the meeting.
D.CASE #: 21-035
NAME: Timothy Anderson *
ADDRESS: 824 Sherry Drive
Testified: CE Officer Irizarry
Respondent: Timothy Anderson was not present.
Action: The Respondent is in compliance.
7.ADJOURNMENT
There being no further discussion, Magistrate Green declared the meeting adjourned at 2:49
PM.
Attest:
Kimberly M. Flower, Records
Clerk
Suzanne W. Green, Special
Magistrate
Date Approved _____________________________
Agenda Item #3.A.
06 May 2021
Page 5 of 150
Page 6 of 150
Irizarry,Angela
From: Michael jones <here2golf@hotmail.com>
Sent: Tuesday, July 7, 2020 2:48 PM
To: Irizarry,Angela
Subject: SWO @ 885 Amberjack
Attachments: 20200706_122915.j pg
Shed/storage installed without permit.
MJ.
Sent from my Verizon, Samsung Galaxy smartphone
1
Agenda Item #5.A.
06 May 2021
Page 7 of 150
1
CITY OF ATLANTIC BEACH
BUILDING AND ZONING DEPARTMENT (904) 247-5826
NOTICE
This building has been inspected and work re
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General Construction Mechanica,No a3
Concrete and Masonry Electrical 7.-_o
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Plumbing Gas Piping' D
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IS NOT ACCEPTED AND MUST CEASE
CORRECT AS NOTED BELOW, BEFORE ANY FURT`-i
f r r-Ia i kt3 o1 j v r -I- w;2 k_CA iD-4"r Yr -
P„ I {, 2,yr,,rep/ P.r my c e- i.., sit,ro5y vyr 1-
ADDRESS:— F. 8- 5 fi.,. b4ack L a n e,
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19-(R-
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:yYl Date: 6 ?C20
1
2
Agenda Item #5.A.
06 May 2021
Page 8 of 150
Agenda Item #5.A.
06 May 2021
Page 9 of 150
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Agenda Item #5.A.
06 May 2021
Page 10 of 150
Agenda Item #5.A.
06 May 2021
Page 11 of 150
3-e' :ri. CITY OF ATLANTIC BEACH
sj 800 SEMINOLE ROAD
ri 414 c ATLANTIC BEACH, FL 32233
s.
PHONE (904)247-5800
4
9/11/2020
TOM WALL
1228 LINKSIDE DRIVE
ATLANTIC BEACH, FL 32233
Real Estate Number: 171179 0000 Case Number: 20-109
Location of Violation: 885 AMBERJACK LN, 30-60 17-2S-29E ROYAL PALMS UNIT 1 LOT 25 BLK 4
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 885 AMBERJACK LN was conducted on 9/10/2020. 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: 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: A metal canopy/boat cover has been installed on the western side of the house.
This structure requires a valid building permit and no permit is on file for this canopy structure.
This letter requests that the noted violation(s) be corrected by submitting a permit application to the City
of Atlantic Beach 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, j , z -c)(1\-' hereby swear and affirm that the above statement is true and
accurate.
Sinely,
Angela Irizarry
CODE ENFORCEMENT
Agenda Item #5.A.
06 May 2021
Page 12 of 150
3 ill' '' CITY OF ATLANTIC BEACH
sA 800 SEMINOLE ROAD
iii
ATLANTIC BEACH, FL 32233
J r' v
PHONE (904) 247-5800
CERTIFIED RETURN RECEIPT REQUESTED
7013 1710 0002 1691 8267
10/2/2020
TOM WALL
1228 LINKSIDE DRIVE
ATLANTIC BEACH, FL 32233
Real Estate Number: 171179 0000 Case Number: 20-109
Location of Violation: 885 AMBERJACK LN, 30- 60 17-2S-29E ROYAL PALMS UNIT 1 LOT 25 BLK 4
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 885 AMBERJACK LN was conducted on 9/10/2020 & 10/1/2020. 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: 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: A metal canopy/boat cover has been installed on the western side of the house.
This structure requires a valid building permit and no permit is on file for this canopy structure.
This letter requests that the noted violation(s) be corrected by submitting a permit application to the City
of Atlantic Beach 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 or airizarry@coab.us if you have any questions or need additional information.
I, 'k-NSe Z - ` , hereby swear and affirm that the above statement is true and
accurate.
Si erely, @I
ng- . fridge,
CODE EN . CEMENT
Agenda Item #5.A.
06 May 2021
Page 13 of 150
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Agenda Item #5.A.
06 May 2021
Page 15 of 150
11.rL`tr v1 CITY OF ATLANTIC BEACH
ss\ 800 SEMINOLE ROAD
s)ATLANTIC BEACH, FL 32233
PHONE (904) 247-5800
CERTIFIED RETURN RECEIPT REQUESTED
7013 1710 0002 1691 3897
11/10/2020
TOM WALL
1228 LINKSIDE DRIVE
ATLANTIC BEACH,FL 32233
Real Estate Number: 171179 0000 Case Number: 20-109
Location of Violation: 885 AMBERJACK LN,30-60 17-2S-29E ROYAL PALMS UNIT 1 LOT 25 BLK 4
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 885 AMBERJACK LN was conducted on 9/10/2020 & 10/1/2020 &
11/10/2020. 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: 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: A metal canopy/boat cover has been installed on the western side of the house.
This structure requires a valid building permit and no permit is on file for this canopy structure.
This letter requests that the noted violation(s) be corrected by submitting a permit application to the City
of Atlantic Beach 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-
58555 or airizarry@coab.us if you have any questions or need additional information.(
I, ' ISQ\.0 hereby swear and affirm that the above statement is true and
accurate.
erely,
416411
Angela Iri .4
CODE ENFORCEMENT
Agenda Item #5.A.
06 May 2021
Page 16 of 150
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Your package is moving within the USPS network and is on track to be delivered to its final destination. It is
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November 11, 2020, 9:05 pm
Departed USPS Regional Facility
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November 10, 2020, 7:30 pm
Arrived at USPS Regional Facility
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Agenda Item #5.A.
06 May 2021
Page 18 of 150
0Nr CITY OF ATLANTIC BEACH
YJ 800 SEMINOLE ROAD
0 ATLANTIC BEACH,FL 32233
0-°
op)PHONE (904) 247-5800
0111FP POSTED ON PROPERTY
AND
ATLANTIC BEACH CITY HALL
1/4/2021
TOM WALL
1228 LINKSIDE DRIVE
ATLANTIC BEACH, FL 32233
Real Estate Number: 171179 0000 Case Number: 20-109
Location of Violation: 885 AMBERJACK LN, 30- 60 17-2S-29E ROYAL PALMS UNIT 1 LOT 25 BLK 4
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 885 AMBERJACK LN was conducted on 9/10/2020 & 10/1/2020 &
11/10/2020. 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: 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: A metal canopy/boat cover has been installed on the western side of the house.
This structure requires a valid building permit and no permit is on file for this canopy structure.
This letter requests that the noted violation(s) be corrected by submitting a permit application to the City
of Atlantic Beach 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 or airizarry@coab.us if you have any questions or need additional information.
I, S(C, - _l terry hereby swear and affirm that the above statement is true and
accu ate.
ii ely, /iI
Angela U
CODE E ORCEMENT
Agenda Item #5.A.
06 May 2021
Page 19 of 150
Agenda Item #5.A.
06 May 2021
Page 20 of 150
01-4141:rjr, CODE ENFORCEMENT
is
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
tom On •c-)
2/ 12/2021 Case Number: 20-109
TOM WALL Certified Mail Return Receipt:
1228 LINKSIDE DRIVE 7016 0910 0001 6799 4493
ATLANTIC BEACH, FL 32233
Property Address: 885 AMBERJACK LANE
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 18, 2021 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 885
AMBERJACK LANE,30-60 17-2S-29E ROYAL PALMS UNIT 1 LOT 25 BLK 4. 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 July 7,2020 a stop work order was posted
on the property by Mike Jones,Building Inspector for installation of an accessory structure(metal canopy)
without a permit. A notice of violation was mailed on 9/11/2020 and posted at your home at 1228 Linkside
Drive on 1/4/2021. To date, no application has been received and the structure has not been permitted or
inspected.
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
Page 1 of 2
Agenda Item #5.A.
06 May 2021
Page 21 of 150
r
presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be
secured at your expense.
I, P\-Cse_\61, ZOw C hereby swear and affirm that the above statement
i rue and accurate.
Angela Irizarry 41
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
4) ` ?,024,7C....r'
Kim Flowers,Records Clerk
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Agenda Item #5.A.
06 May 2021
Page 22 of 150
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06 May 2021
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Agenda Item #5.A.
06 May 2021
Page 24 of 150
h,CODE ENFORCEMENT
J' 1
4,4,40e '
2 CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
01t19f"
POSTED AT PROPERTY
AND ATLANTIC BEACH CITY HALL
3/5/2021 Case Number: 20-109
TOM WALL
1228 LINKSIDE DRIVE Property Address: 885 AMBERJACK LANE
ATLANTIC BEACH, FL 32233 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 18, 2021 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 885
AMBERJACK LANE,30-60 17-2S-29E ROYAL PALMS UNIT 1 LOT 25 BLK 4. 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 July 7,2020 a stop work order was posted
on the property by Mike Jones,Building Inspector for installation of an accessory structure(metal canopy)
without a permit. A notice of violation was mailed on 9/11/2020 and posted at your home at 1228 Linkside
Drive on 1/4/2021. To date,no application has been received and the structure has not been permitted or
inspected.
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.
Page 1 of 2
Agenda Item #5.A.
06 May 2021
Page 25 of 150
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, l0 1 21 hereby swear and affirm that the above statement
is true an ccurate.
1.
if 1
ic-1,....-6)---.6A\ tela Iri t
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
L ) 1
Kim Flowers, Records Clerk
Page 2 of 2
Agenda Item #5.A.
06 May 2021
Page 26 of 150
r- s ..-L'
j
Pr J CITY OF ATLANTIC BEACH
01,,
4?1 800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
v
PHONE (904)247-5800
JS31c)
NOH POSTING AFFIDAVIT AND
PROOF OF MAILING REGULAR MAIL
Case Number: 20-109
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: , I iaoa l
Location: 1228 Linkside Drive,Atlantic Beach, Florida
2) Date Posted: v I-G I
Location: ATLANTIC BEACH CITY HALL
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
01
i i dr
Angela Ir' a i , Code Enfor iiient 6
County of Duval
State of Florida
The foregoing Affidavit was acknowledged before me this /a-6- day of /Y2i9,PLY-/
200?I , by Angela Irizarry,who is personally known to me as Code Enforcement for the City of
Atlantic Beach.
Per . . 'i . : , led s ement:
NO:L. Rip/SeriONNE CALVERLEY i7142-/142
4. .;. MY COMMISSION#GG 974233 to Public, State of Fl i a
EXPIRES:July 29.2024r.oi R' BondedThni NotaryPublicUnderwtp
Agenda Item #5.A.
06 May 2021
Page 27 of 150
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner First Class and Certified Mail Return Receipt
Requested: 7019 2970 0000 9865 5053
vs.
Property Address: 885 Amberjack Lane
Atlantic Beach, FL 32233
Tom Wall
885 Amberjack Lane
Atlantic Beach, FL 32233
Respondent.
CASE NUMBER: 20-109
REAL ESTATE NUMBER: 171179-0000
LEGAL DESCRIPTION: 30-60 17-25-29E ROYAL PALMS UNIT 1 LOT 25 BLK 4 ATLANTIC BEACH, FL
ORDER ON CASE No.20-109
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on March 18,
2021, 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 885 Amberjack, Lane, Atlantic Beach, Florida.
2. Notice of the hearing was sent by Certified Mail twice but not delivered.
3. On July 7, 2020, the City of Atlantic Beach posted a stop work order on Respondent's
property due to a metal shed being built on the property without the proper permitting as
required by Florida Building Code section 105 Permit 105.1.
4. A Notice of Violation letter was also posted on the front door of the Respondent's
residence at 1228 Linkside Drive, Atlantic Beach, FL and at Atlantic Beach City Hall.
5. A Notice of Hearing was posted on the front door of the Respondent's residence at 1228
Lindside Drive, Atlantic Beach, FL and Atlantic Beach City Hall.
6. The Respondent did not appear at the hearing.
7. The City of Atlantic Beach stated the violation continues and the Respondent has not
made application to the City of Atlantic Beach Building official to obtain the required
permit.
CONCLUSIONS OF LAW
8. The Respondent was provided proper notice of the violation and hearing and remains
non-compliant.
Agenda Item #5.A.
06 May 2021
Page 28 of 150
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority
granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach,
Florida it is Ordered:
THAT the Respondent shall have 10 days from the date of this Order to obtain the proper permit as
required by the Florida Building Code and the Codes and Ordinances of the City of Atlantic Beach.
If the Respondent fails to comply within the 10 days, the Respondent shall be assessed a fine of
250 per day. In addition, fines shall include the administrative cost to the City incurred in
prosecuting this case.
DONE AND ORDERED THIS 26TH DAY OF MARCH,2021.
CITY OF ATLANTIC BEACH,FLORIDA
COD ENFORCEMENT SPECIAL MAGISTRATE
ATTESTC7 "`( , li luec
Kimberly M. Fl. , Records Clerk Su anne W. Green, Special Magistrate
Executed this 26th day of March 2021.
PLEASE NOTE: Florida Statutes § 162.11 requires that any appeal of this order must be filed in the
circuit court for Duval County within 30 days of this order's execution.
cc: 1228 Linkside Drive
Atlantic Beach, FL 32233
First Class and Certified Mail Return Receipt
Requested: 7019 2970 0000 9865 5060
U.S. Postal Service- U.S. Rostal Service`"'
CERTIFIED MAIL° RECEIPT CERTIFIED MAIL° RECEIPT
m Domestic Mail Only II Domestic Mail Only
1.11
O For delivery information,visit our website at www.usps.com`.For delivery information,visit our website at www.usps.com®.
OFFICIAL USE Ln
OFFICIAL USE
Certified Mail Fee Certified Mail Fee
cD $
c0 $
p"' Extra Services&Fees(check box,add fee as appropriate)
Cr Extra Services&Fees(check box,add fee as appropriate)
Return Receipt(hardcopy) $ Return Receipt(hardcopy) $
O 0 Return Receipt(electronic) $ Postmark Return Receipt(electronic) $ Postmark
00 Certified Mail Restricted Delivery $ Here
IM 0 Certified Mail Restricted Delivery $ Here
0 Adult Signature Required $0 Adult Signature Required $
0 0 Adult Signature Restricted Delivery$
l7; 0 Adult Signature Restricted Delivery$
O Postage O Postage
p- $ r.. $
0' Total Postage and Fees 0" Total Postage and Fees
fU ru
Q" Sent To
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C Q `- 23"_""'
City,State,2113+44 2 City,State,ZIP-1-45
PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions PS Form 3800,April 2015 PSN 7530-az-coo-9047 See Reverse for Instructions
Agenda Item #5.A.
06 May 2021
Page 29 of 150
USPS Tracking®
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Your item has been delivered to an agent for final delivery in ATLANTIC BEACH, FL 32233 on March
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March 29, 2021, 12:43 pm
Delivered to Agent for Final Delivery
ATLANTIC BEACH, FL 32233
Your item has been delivered to an agent for final delivery in ATLANTIC BEACH, FL 32233 on March 29,
2021 at 12:43 pm.
March 28, 2021, 6:44 pm
Departed USPS Regional Facility
JACKSONVILLE FL DISTRIBUTION CENTER
Agenda Item #5.A.
06 May 2021
Page 30 of 150
March 28, 2021
In Transit to Next Facility
March 26, 2021, 11:07 pm
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Agenda Item #5.A.
06 May 2021
Page 31 of 150
rj rLl
4-1 CODE ENFORCEMENT
sem. t;\
3
S
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
triE
POSTED AT PROPERTY
AND ATLANTIC BEACH CITY HALL
4/26/2021 Case Number: 20-109
TOM WALL
1228 LINKSIDE DRIVE Property Address: 885 AMBERJACK LANE
ATLANTIC BEACH, FL 32233 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 6,2021 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 885
AMBERJACK LANE,30- 60 17-2S-29E ROYAL PALMS UNIT 1 LOT 25 BLK 4. 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 July 7,2020 a stop work order was posted
on the property by Mike Jones,Building Inspector for installation of an accessory structure(metal canopy)
without a permit. The case was heard at the March 18 hearing and you were given 10 days to submit a
permit application to the City of Atlantic Beach. A meeting was held at the property to discuss the
application but to date, no application has been received and the structure has not been permitted or
formally inspected.
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.
Page 1 of 2
Agenda Item #5.A.
06 May 2021
Page 32 of 150
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, Pnen-e V ___ 0 hereby swear and affirm that the above statementy
i 1 e and curate.`
Angela I f I: y
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
K _ PAciAJer-
Kim Flowers, Records Clerk
Page 2 of 2
Agenda Item #5.A.
06 May 2021
Page 33 of 150
Page 34 of 150
Case Details City of Atlantic Beach Case Number 20‐109 Printed: Monday, 03 May, 2021 1of 4 Description: Boat Canopy ‐ No Permit Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 9/11/2020 Closed: Last Action: 5/3/2021 Fllw Up: 3/1/2021 Site Address: 885 AMBERJACK LN ATLANTIC BEACH, FL 32233 Site APN: 171179 0000 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES STOP WORK ORDER POST Angela Irizarry 7/7/2020 7/7/2020 SWO Posted at property by Mike Jones NOV REG Angela Irizarry 9/11/2020 9/11/2020 NOV CERT Angela Irizarry 10/2/2020 10/2/2020 CMRR STATUS UPDATE Angela Irizarry 10/20/2020 10/20/2020 Tracking Number: 70131710000216918267Your package is moving within the USPS network and is on track to be delivered to its final destination. It is currently in transit to the next facility. Status In‐Transit October 9, 2020 In Transit to Next Facility CMRR STATUS UPDATE Angela Irizarry 11/10/2020 11/10/2020 Per usps.com certified letter is still in transit. Agenda Item #5.A.06 May 2021
Page 35 of 150
Case Details City of Atlantic Beach Case Number 20‐109 Printed: Monday, 03 May, 2021 2of 4 NOV CERT Angela Irizarry 11/10/2020 11/10/2020 Sent new certified letter. usps never delivered prior letter. CMRR STATUS UPDATE Angela Irizarry 11/30/2020 11/30/2020 Per usps.com the certified letter is still in transit. CMRR STATUS UPDATE Angela Irizarry 12/29/2020 12/29/2020 2nd Certified letter still not delivered. per usps.com, it says its still in transit. Posting notice at property. NOV POST Angela Irizarry 1/4/2021 1/4/2021 Posted notice on the owners property on Linkside Drive MISC NOTES/ACTION Angela Irizarry 1/21/2021 1/21/2021 Schedule for hearing once new magistrate is selected NOTICE OF HEARING Angela Irizarry 2/6/2021 2/12/2021 CMRR STATUS UPDATE Angela Irizarry 3/3/2021 3/5/2021 NOH Letter has not been picked up by Respondent yet. Need to post notice for meeting NOH POST AND AFF Angela Irizarry 3/5/2021 3/5/2021 Posted NOH for 3/18 hearing on front door of owners residence address on Linkside Drive and at City Hall. CODE ENFORCEMENT AGENDA Kim Flower 3/12/2021 3/12/2021 SCAN & UPLOAD EXECUTED ORDERS Kim Flower 3/26/2021 3/26/2021 CODE ENFORCEMENT ORDER Kim Flower 3/30/2021 3/26/2021 3/18/2021 Hearing ‐ Respondent given 10 days from date of order to obtain proper permit or $250/day fine. TELEPHONE CALL Angela Irizarry 3/30/2021 3/30/2021 Received a phone call from Kim. She stated that they live at 885 Amberjack and not at 1228 Linkside. PA records are not up to date. Meeting was set up to help her with the information she needs in order to submit a permit application. Agenda Item #5.A.06 May 2021
Page 36 of 150
Case Details City of Atlantic Beach Case Number 20‐109 Printed: Monday, 03 May, 2021 3of 4 MEETING WITH RESPONDENT Angela Irizarry 3/30/2021 3/30/2021 Met with Kimberly at the property along with Mike Jones, who initially posted the SWO. The unapproved structure is a boat canopy that is anchored into the ground. It is too close the the side property line as it is installed but can be moved if necessary. Mike explained to Kim what is required for a permit application and what paperwork he would need in order to do a plan review. Owner needs to obtain engineering drawings from the manufacturer of the canopy. NOH LTR Angela Irizarry 4/26/2021 4/26/2021 Posted NOH of hearing letter at Property. Kimberly came out of the house and stated that she sent in most of her permit application and needed to send in a copy of her survey with the structure listed on the survey. MISC NOTES/ACTION Angela Irizarry 5/3/2021 5/3/2021 Checked records for permit application. A partial application was received on 4/9. Called Kimberly and she stated she sent everything in from the ups store but would stop by and drop off another hard copy. CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER TOM WALL 1228 LINKSIDE DRIVE ATLANTIC BEACH, FL 32233 INSPECTIONS INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI REINSPECTION AI 10/1/2020 10/1/2020 VIOLATION CONTINUES Metal structure is still in side yard and no permit application has been received. Agenda Item #5.A.06 May 2021
Page 37 of 150
Case Details City of Atlantic Beach Case Number 20‐109 Printed: Monday, 03 May, 2021 4of 4 REINSPECTION AI 10/14/2020 10/20/2020 VIOLATION CONTINUES VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES SWO Florida Bldg Code Angela Irizarry 9/11/2020 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. Agenda Item #5.A.06 May 2021
Page 38 of 150
Agenda Item #5.B.
06 May 2021
Page 39 of 150
Agenda Item #5.B.
06 May 2021
Page 40 of 150
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Agenda Item #5.B.
06 May 2021
Page 41 of 150
srLvr,,, CITY OF ATLANTIC BEACH
i,; ;f 800 SEMINOLE ROAD
r ATLANTIC BEACH, FL 32233
PHONE (904) 247-5800
4.141-01319
11/19/2020
ROSENSTEIN REGINA TRUST
501 MAYPORT RD
ATLANTIC BEACH, FL 32233-3421
Real Estate Number: 177476 0000 Case Number: 20-142
Location of Violation: 501 MAYPORT RD, 38-2S-29E .344 B DE CASTRO Y FERRER GRANT PT RECD
O/R 10992-20 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 501 MAYPORT RD was conducted on 11/19/2020. The City of Atlantic Beach
Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances:
1.VIOLATION CODE: Sec. 24-160. Dumpsters, garbage containers and refuse collection areas and above
ground tanks. (b)Within commercial, industrial and multi-family zoning districts,dumpsters,trash receptacles,
above-ground tanks and similar structures and containers shall be screened from view by fencing or landscaping,
or shall be located so that these are not visible from adjacent properties or streets.Above-ground tanks used to
store hazardous,chemical or explosive materials may remain unscreened upon determination by the director of
public safety that a threat to security and public safety may result from screening such tank(s)from view.
Screening shall consist of either: densely planted trees and shrubs at least four(4)feet in height at the time of
installation and of an evergreen variety that shall form a year round visual barrier and shall reach a minimum
height of six(6)feet at maturity; or an opaque wood,masonry,brick or similarly constructed fence, wall or
barrier. Where a fence,wall or similar type barrier is used, construction materials, finish and colors shall be of
uniform appearance. All screening shall be maintained in good condition. Where appropriate, a landscaped
berm may be used in place of a fence,wall or trees
2.VIOLATION CODE: Sec. 24-157. Fences, Walls and Similar Structures(e)Maintenance of fences. Fences
that have been allowed to deteriorate to an excessive degree have a negative impact on property values and the
quality of neighborhoods. Fences that are in a state of neglect,damage or disrepair,shall be repaired,replaced or
removed.
NATURE OF VIOLATION: The fencing around the building and around the garbage enclosure is beginning to
deteriorate and is in need of repairs.
This letter requests that the noted violation(s) be corrected by repairing or replacing the wood fencing
within thirty (30) days of the receipt of this notice. The City of Atlantic Beach offers a grant program for
Agenda Item #5.B.
06 May 2021
Page 42 of 150
businesses along the Mayport Corridor to help with the costs for exterior facade projects such as fencing, and
landscaping. Please contact our Planning Department if you are interested in this grant.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in
this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty
dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and
arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-
5855 or airizarry@coab.us if you have any questions or need additional information.
1..,1Q-ZQf(•--k hereby swear and affirm that the above statement is true and
accurate.
Sincerely,
Angela Iriz 41
CODE ENFORCEMENT
cc: ROSENSTEIN REGINA TRUST
C/O REGINA ROSENSTEIN TRUSTEE
105 RONAN RD
HIGHWOOD, IL 60040-2064
Agenda Item #5.B.
06 May 2021
Page 43 of 150
I L-LN3ir- CITY OF ATLANTIC BEACH
1f 800 SEMINOLE ROAD
s)ATLANTIC BEACH,FL 32233
PHONE (904) 247-5800
s'o; 1')
CERTIFIED RETURN RECEIPT REQUESTED
7016 0910 0001 6799 3984
1/12/2021
ROSENSTEIN REGINA TRUST
501 MAYPORT RD
ATLANTIC BEACH,FL 32233-3421
Real Estate Number: 177476 0000 Case Number: 20-142
Location of Violation: 501 MAYPORT RD, 38-2S-29E .344 B DE CASTRO Y FERRER GRANT PT RECD
O/R 10992-20 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 501 MAYPORT RD was conducted on 11/19/2020 & 1/12/2021. 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 fencing around the building and around the garbage enclosure has
deteriorated. Areas of the fence are leaning and there are broken and missing wood slats.
1.VIOLATION CODE: Sec. 24-160. Dumpsters, garbage containers and refuse collection areas and above
ground tanks. (b)Within commercial, industrial and multi-family zoning districts,dumpsters,trash receptacles,
above-ground tanks and similar structures and containers shall be screened from view by fencing or landscaping,
or shall be located so that these are not visible from adjacent properties or streets.Above-ground tanks used to
store hazardous,chemical or explosive materials may remain unscreened upon determination by the director of
public safety that a threat to security and public safety may result from screening such tank(s)from view.
Screening shall consist of either: densely planted trees and shrubs at least four(4)feet in height at the time of
installation and of an evergreen variety that shall form a year round visual barrier and shall reach a minimum
height of six(6)feet at maturity; or an opaque wood,masonry, brick or similarly constructed fence,wall or
barrier. Where a fence, wall or similar type barrier is used,construction materials,finish and colors shall be of
uniform appearance. All screening shall be maintained in good condition. Where appropriate, a landscaped
berm may be used in place of a fence,wall or trees
2.VIOLATION CODE: Sec. 24-157. Fences, Walls and Similar Structures(e)Maintenance of fences. Fences
that have been allowed to deteriorate to an excessive degree have a negative impact on property values and the
quality of neighborhoods. Fences that are in a state of neglect, damage or disrepair, shall be repaired, replaced or
removed.
Agenda Item #5.B.
06 May 2021
Page 44 of 150
This letter requests that the noted violation(s) be corrected by repairing or replacing the wood fencing
within ten (10) days of the receipt of this notice. The City of Atlantic Beach offers a grant program for
businesses along the Mayport Corridor to help with the costs for exterior façade projects such as fencing, and
landscaping. Please contact our Planning Department if you are interested in this grant.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in
this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty
dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and
arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-
5855 or airizartry@coab.us if you have any questions or need additional information.
I, T 9 rc hereby swear and affirm that the above statement is true and
accurate.
rely,
Angela Ir rry
CODE ENFORCEMENT
cc: ROSENSTEIN REGINA TRUST
C/O REGINA ROSENSTEIN TRUSTEE
105 RONAN RD
HIGHWOOD, IL 60040-2064
Certified mail: 7016 0910 0001 6799 3946
Agenda Item #5.B.
06 May 2021
Page 45 of 150
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Your item was delivered to an individual at the address at 1:41 pm on January 16, 2021 in
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06 May 2021
Page 46 of 150
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Agenda Item #5.B.
06 May 2021
Page 47 of 150
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
0 Agent
so that we can return the card to you.0 Addre
II this card to the back of the mailpiece,B. Received/, by P'ri1nted Name C. Date.f P
or on the front if space permits. C Li /L,)— j
1. Article Addressed to: D. Is delivery address different from ite 1? •
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111111III III IIIIIIIIII I I II I II II 111111III 3. Service Type 0 Priority Mail 6p
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Mail firmation
7 016 0 910 0001 6799 3946 Mail Restricted Delivery Re:,r;ted Delivery
PS Form 3811.July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Agenda Item #5.B.06 May 2021Page 48 of 150
USPS TRACKING#
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Postal Service
RECEIVED
JAN $ 1 021
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233 Agenda Item #5.B.06 May 2021Page 49 of 150
J XIII-17'/111.1/
S- City of Atlantic Beach JEOPOST FIRST-CLASS MAIL
4 , 800 Seminole Road 01/12/2021 QQ
Atlantic Beach, Florida 32233
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7016 0910 0001 6799 3984 1RECEIVED 041M11299654
JAN 2 5 2021
ROSENSTEIN REGINA TRUST i x .E. j l 2 DE i 000i/ 21/21
501 MAYPORT RD R E T lU R N T O SENDER
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0nn1U.e,.+.,N.•...1.,._. 1'71111Cnnnn €N-1.144u.-----1.-:SC: 32233546199 0238-04983 -21-35 I
3.. 4:p.› .,-,..5 1,lIII1I1IIii11;111a11i11I'P111III ii 1111.1lilif11.11i.1ii1i ii 1 Agenda Item #5.B.06 May 2021Page 50 of 150
A
j' J'1tl CODE ENFORCEMENT
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NOTICE OF HEARING
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2/12/2021 Case Number: 20-142
REGINA ROSENSTEIN TRUST Certified Mail Return Receipt:
501 MAYPORT ROAD 7013 1710 0002 1691 8229
ATLATNIC BEACH, FL 32233
Property Address: 501 MAYPORT ROAD.
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 18, 2021 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 501
MAYPORT ROAD, 38-2S-29E .344 B DE CASTRO Y FERRER GRANT PT RECD O/R 10992-20 .
The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building
Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6- 16.
International Property Maintenance Code/City Code of Ordinances
1.) Sec. 24-160. - Dumpsters, garbage containers and refuse collection areas and above-ground
tanks.
a) Within residential zoning districts, trash receptacles, garbage, recycling and similar containers shall
be shielded from view except during time periods typically associated with refuse collection. Any
structure, which serves the purpose to contain or shield such containers, shall not be located within
rights-of-way and shall not create interference with clear vehicular or pedestrian travel or sight
distance.
b) Within commercial, industrial and multi-family zoning districts, dumpsters,trash receptacles, above-
ground tanks and similar structures and containers shall be screened from view by fencing or
landscaping,or shall be located so that these are not visible from adjacent properties or streets.Above-
ground tanks used to store hazardous, chemical or explosive materials may remain unscreened upon
determination by the director of public safety that a threat to security and public safety may result
from screening such tank(s)from view.
Screening shall consist of either: densely planted trees and shrubs at least four(4) feet in height at the
time of installation and of an evergreen variety that shall form a year round visual barrier and shall reach
a minimum height of six(6) feet at maturity; or an opaque wood, masonry, brick or similarly constructed
fence, wall or barrier. Where a fence, wall or similar type barrier is used, construction materials, finish
and colors shall be of uniform appearance. All screening shall be maintained in good condition. Where
appropriate, a landscaped berm may be used in place of a fence, wall or trees.
Page 1 of 2
Agenda Item #5.B.
06 May 2021
Page 51 of 150
2.) Sec. 24-157. Fences, Walls and Similar Structures
e) Maintenance of fences. Fences that have been allowed to deteriorate to an excessive degree have a
negative impact on property values and the quality of neighborhoods. Fences that are in a state of neglect,
damage or disrepair, shall be repaired,replaced or removed.
STATEMENT OF CODE ENFORCEMENT OFFICER: On 2/12/2021 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 501 Mayport Road. 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:
wooden fence around dumpster enclosure has broken and missing pickets. Additionally, fence along the
left side of the property is also deteriorating and is in need of repair.
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 `( ,OACk_. 2C(f f.._l hereby swear and affirm that the above statement
is true and kcurate.
tea
Angela I • airy 4 I 7013 1710 0002 1691 8243
Code Enforcement Officer, City of Atlantic Beach V-''' m c
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Agenda Item #5.B.
06 May 2021
Page 52 of 150
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32.2:3 412.1.E ._ Iii!!!1!!!l'II1d1,1 HI! Ii 1!111 I IIII IIIit1IIII !! 'I!il 1 I I , I Agenda Item #5.B.06 May 2021Page 53 of 150
Air _ City of Atlantic Beach JACKSONVILLE FL 32ONEOPOST FIRST-CLASS MAIL
800 Seminole Road 02/12/2021
Atlantic Beach,Florida 32233 12 FEB 2021 PM 2 L US POSTAGE $000.512
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3223$-434ziiii. IpIIIihoippol1,Itili ditt1II .illiittii11111philip,11 Agenda Item #5.B.06 May 2021Page 54 of 150
3/12/2021 USPS.com®-USPS Tracking®Results
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Tracking Number: 701 31 71 000021 691 8243
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Your item was delivered to an individual at the address at 1:10 pm on February 16, 2021 in
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C Delivered
February 16, 2021 at 1:10 pm 0_
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HIGHWOOD, IL 60040
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February 16, 2021, 1:10 pm
Delivered, Left with Individual
HIGHWOOD, IL 60040
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60040.
February 16, 2021, 7:49 am
Out for Delivery
HIGHWOOD, IL 60040
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Agenda Item #5.B.
06 May 2021
Page 55 of 150
3/12/2021 USPS.com®-USPS Tracking®Results
February 16, 2021, 7:38 am
Arrived at Post Office
HIGHWOOD, IL 60040
February 15, 2021
In Transit to Next Facility
February 14, 2021, 11:59 pm
Departed USPS Regional Facility
PALATINE IL DISTRIBUTION CENTER
February 14, 2021, 9:20 am
Arrived at USPS Regional Facility
PALATINE IL DISTRIBUTION CENTER
February 12, 2021, 11:34 pm
Departed USPS Regional Facility
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Agenda Item #5.B.
06 May 2021
Page 56 of 150
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Agenda Item #5.B.06 May 2021Page 58 of 150
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner First Class and Certified Mail Return Receipt
Requested: 7019 2970 0000 9865 5077
vs.
Property Address: 501 Mayport Rd
Atlantic Beach, FL 32233
Regina Rosenstein Trust
501 Mayport Road
Atlantic Beach, FL 32233
Respondent.
CASE NUMBER: 20-142
REAL ESTATE NUMBER: 177476-0000
LEGAL DESCRIPTION: 38-25-29E. 344 B DE CASTRO Y FERRER GRANT PT RECD O/R 10992-20
ORDER ON CASE No. 19-228
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on March 18,
2021, 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, Regina Rosenstein Trust owns the property located at 501 Mayport Road,
Atlantic Beach, Florida.
2. Notice of the hearing was sent by Certified Mail on February 6, 2021 to the alternate
mailing address of the Trust and was delivered.
3. Respondent failed to appear at the hearing.
4. On November 19, 2020 and upon re-inspection on January 28, 2021, the Respondent's
property was cited for a garbage enclosure in need of repair in violation of Sec. 24-160
and Sec. 24-157 for a fence violation.
5. The City stated that the Respondent remains in non-compliance and recommended that
the Respondent have 10 days from the date of this order to comply. Failure to comply
will result in a $250.00 per day fine thereafter until in compliance.
CONCLUSIONS OF LAW
6. The Respondent was properly noticed for the hearing and remains in violation of the
garbage enclosure in need of repair in accordance with Sec 24-160 and Sec,24-157 for the
fence violation
Agenda Item #5.B.
06 May 2021
Page 59 of 150
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority
granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach,
Florida it is Ordered:
THAT the Respondent is found in violation and the Respondent has 10 days from the date of this
Order to come into compliance. Failure to timely comply will result in a $250.00 per day fine
thereafter until in compliance.
DONE AND ORDERED THIS 26Th DAY OF MARCH, 2021.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
ATTEST:
w14,1,e,f3
ciL?-
60.0cr
Kimberl . Flower, Records Clerk Suzanne . Green, Special Magistrate
Executed this 26th day of March 2021.
PLEASE NOTE:Florida Statutes § 162.11 requires that any appeal of this order must be filed in the
circuit court for Duval County within 30 days of this order's execution.
cc: Regina Rosenstein Trust
c/o Regina Rosenstein Trustee
105 Ronan Road
Highwood, 1160040-2064
First Class and Certified Mail Return Receipt
Requested: 7019 2970 0000 9865 5084
U.S. Postal Service- U.S. Postal Service'"
CERTIFIED MAIL° RECEIPT CERTIFIED MAIL° RECEIPT
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Agenda Item #5.B.
06 May 2021
Page 60 of 150
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Tracking Number: 70192970000098655084
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Your item was delivered to an individual at the address at 11:27 am on March 29, 2021 in
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HIGHWOOD, IL 60040 a)
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06 May 2021
Page 61 of 150
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Agenda Item #5.B.
06 May 2021
Page 62 of 150
f CODE ENFORCEMENT
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
POSTED AT PROPERTY
AND ATLANTIC BEACH CITY HALL
4/26/2021 Case Number: 20-109
REGINA ROSENSTEIN TRUST
501 MAYPORT ROAD Property Address: 501 MAYPORT ROAD.
ATLATNIC BEACH, FL 32233 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 6,2021 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 501
MAYPORT ROAD, 38-2S-29E .344 B DE CASTRO Y FERRER GRANT PT RECD O/R 10992-20 .
The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building
Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16.
International Property Maintenance Code/City Code of Ordinances
1.) Sec.24-160. - Dumpsters, garbage containers and refuse collection areas and above-ground
tanks.
a) Within residential zoning districts, trash receptacles, garbage, recycling and similar containers shall
be shielded from view except during time periods typically associated with refuse collection. Any
structure, which serves the purpose to contain or shield such containers, shall not be located within
rights-of-way and shall not create interference with clear vehicular or pedestrian travel or sight
distance.
b) Within commercial,industrial and multi-family zoning districts,dumpsters,trash receptacles,above-
ground tanks and similar structures and containers shall be screened from view by fencing or
landscaping,or shall be located so that these are not visible from adjacent properties or streets.Above-
ground tanks used to store hazardous, chemical or explosive materials may remain unscreened upon
determination by the director of public safety that a threat to security and public safety may result
from screening such tank(s) from view.
Screening shall consist of either: densely planted trees and shrubs at least four(4)feet in height at the
time of installation and of an evergreen variety that shall form a year round visual barrier and shall reach
a minimum height of six(6)feet at maturity; or an opaque wood,masonry, brick or similarly constructed
Page 1 of 2
Agenda Item #5.B.
06 May 2021
Page 63 of 150
fence, wall or barrier. Where a fence, wall or similar type barrier is used, construction materials, finish
and colors shall be of uniform appearance. All screening shall be maintained in good condition. Where
appropriate, a landscaped berm may be used in place of a fence, wall or trees.
2.) Sec. 24-157. Fences, Walls and Similar Structures
e) Maintenance of fences. Fences that have been allowed to deteriorate to an excessive degree have a
negative impact on property values and the quality of neighborhoods. Fences that are in a state of neglect,
damage or disrepair, shall be repaired, replaced or removed.
STATEMENT OF CODE ENFORCEMENT OFFICER: On 2/12/2021 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 501 Mayport Road. 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:
wooden fence around dumpster enclosure has broken and missing pickets. Additionally, fence along the
left side of the property is also deteriorating and is in need of repair. This case was heard at the March 18,
2021 Special Magistrate hearing. You were ordered to repair the fence within 10 days. As of 4/26/2021,
the repairs have not been made.
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, Poq *_ 21-Lotit -( hereby swear and affirm that the above statement
e and-dc
a
ate.
gela d arry
Code Enforcement Offic- , _ of Atlantic Beach
ATTEST:
9(14, T-10),(7e.(
Kim Flowers, Records Clerk
Page 2 of 2
Agenda Item #5.B.
06 May 2021
Page 64 of 150
Case Details City of Atlantic Beach Case Number 20‐142 Printed: Monday, 03 May, 2021 1of 3 Description: Garbage Enclosure repair needed Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: COMMERCIAL Opened: 11/19/2020 Closed: Last Action: 5/21/2021 Fllw Up: 2/26/2021 Site Address: 501 MAYPORT RD ATLANTIC BEACH, FL 32233 Site APN: 177476 0000 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES NOV REG Angela Irizarry 11/19/2020 11/19/2020 Sent to store address and to trust address in IL. NOV CERT Angela Irizarry 1/12/2021 1/12/2021 Sent to store address and alternate address for trust in IL. CMRR RETURNED FROM PO Angela Irizarry 1/25/2021 1/25/2021 Certified letter sent to 501 Mayport Road was returned in the mail. CMRR STATUS UPDATE Angela Irizarry 1/25/2021 1/25/2021 Per www.usps.com the certified letter sent to the trust alternate address was delivered on 1/16/2021 CMRR RECEIVED W/SIGNATURE Angela Irizarry 1/31/2021 1/31/2021 Green card was signed "COVID‐19" NOTICE OF HEARING Angela Irizarry 2/6/2021 2/12/2021 CMRR STATUS UPDATE Angela Irizarry 2/16/2021 2/16/2021 NOH sent via Certified mail sent to trust alternate mailing address was delivered. CMRR STATUS UPDATE Angela Irizarry 2/22/2021 2/22/2021 NOH sent by certified and regular mail was returned by the Agenda Item #5.B.06 May 2021
Page 65 of 150
Case Details City of Atlantic Beach Case Number 20‐142 Printed: Monday, 03 May, 2021 2of 3 post office marked "Attempted ‐ Not Know ‐ Return to Sender". CODE ENFORCEMENT AGENDA Kim Flower 3/11/2021 3/12/2021 CODE ENFORCEMENT ORDER Kim Flower 3/30/2021 3/26/2021 Respondent was ordered to repair enclosure within 10 days or fines of $250/day would be imposed. SCAN & UPLOAD EXECUTED ORDERS Kim Flower 4/2/2021 3/26/2021 NOTICE OF HEARING Angela Irizarry 4/26/2021 4/26/2021 Notice of Hearing posted on the front of the store. CODE ENFORCEMENT AGENDA Kim Flower 4/29/2021 CODE ENFORCEMENT ORDER Kim Flower 5/18/2021 SCAN & UPLOAD EXECUTED ORDERS Kim Flower 5/21/2021 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL ADDITIONAL CONTACT 1 REGINA ROSENSTEIN TRUST c/o REGINA ROSENSTEIN TRUSTEE HIGHWOOD, IL 60040‐2064 OWNER ROSENSTEIN REGINA TRUST 501 MAYPORT RD ATLANTIC BEACH, FL 32233‐3421 Agenda Item #5.B.06 May 2021
Page 66 of 150
Case Details City of Atlantic Beach Case Number 20‐142 Printed: Monday, 03 May, 2021 3of 3 VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES DUMPSTER ENCLOSURES Angela Irizarry 11/19/2020 SIDE YARD Sec. 24‐160. Dumpsters, garbage containers and refuse collection areas and above ground tanks. (b) Within commercial, industrial and multi‐family zoning districts, dumpsters, trash receptacles, above‐ground tanks and similar structures and containers shall be screened from view by fencing or landscaping, or shall be located so that these are not visible from adjacent properties or streets. Above‐ground tanks used to store hazardous, chemical or explosive materials may remain unscreened upon determination by the director of public safety that a threat to security and public safety may result from screening such tank(s) from view. Screening shall consist of either: densely planted trees and shrubs at least four (4) feet in height at the time of installation and of an evergreen variety that shall form a year round visual barrier and shall reach a minimum height of six (6) feet at maturity; or an opaque wood, masonry, brick or similarly constructed fence, wall or barrier. Where a fence, wall or similar type barrier is used, construction materials, finish and colors shall be of uniform appearance. All screening shall be maintained in good condition. Where appropriate, a landscaped berm may be used in place of a fence, wall or trees FENCE MAINTENANCE Angela Irizarry 11/19/2020 Sec. 24‐157. Fences, Walls and Similar Structures (e) Maintenance of fences. Fences that have been allowed to deteriorate to an excessive degree have a negative impact on property values and the quality of neighborhoods. Fences that are in a state of neglect, damage or disrepair, shall be repaired , replaced or removed. Agenda Item #5.B.06 May 2021
Page 67 of 150
Page 68 of 150
Irizarry,Angela
From: Arlington, Daniel
Sent: Wednesday, December 11, 2019 10:47 AM
To: Corbin, Shane
Cc:Hogencamp,Kevin; Irizarry,Angela;Askew,Amanda;Johnston,Jennifer
Subject: RE: Big Blue House on Ocean
Attachments: 812 Ocean 1 17 18.doc —
Shane,
My last letter to the owner of 812 Ocean Blvd, David Reed, is attached to provide some background information.
Angela has had some more recent contact with the owners, regarding up-keep of the property.
As stated in the letter, all building permits are expired for more than 180 days, allowing us to order the building
removed, per FBC-B, Section 105.4.1.2. That section also allows the owner to obtain new permits to complete the
project.
Mrs. Reed (not on the deed) and their architect came to our Monday Development meeting, on 10/14/19, to discuss
obtaining the new permits. They were told that they could continue the project from a point where all rough
inspections are not yet approved, all new plans and documents will be required, and current Codes and the new
impervious surface rules will apply to the new permits. The architect was going to work on new plans, but we have not
heard from them.
I have copied Angela, here, in case she has anything else to add.
Dan
From:Corbin,Shane
Sent: Friday, December 6, 2019 2:38 PM
To:Arlington, Daniel<darlington@coab.us>
Subject: FW: Big Blue House on Ocean
See below. Do you know the status?
From:Glasser, Ellen
Sent: Friday, December 06, 2019 2:36 PM
To:Corbin,Shane<scorbin@coab.us>; Hogencamp,Kevin<kHogencamp@coab.us>
Subject: Big Blue House on Ocean
Can I get an update on the status of this unfinished build next to Adele Grage? A resident has inquired and it
has been a while. I figure the permits are expired and the owner continues to keep the safety hazards addressed.
Last time I inquired, we could build in no deadlines for work to be completed(or fines) when we did the LDR
update.
Ty
E
Sent using OWA for iPhone
1
Agenda Item #5.C.
06 May 2021
Page 69 of 150
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
15 ATLANTIC BEACH, FL 32233
904) 247-5800
0.219
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
January 17, 2018
Mr. David Reed
10898 Bridges Rd.
Jacksonville, Florida, 32218
Re: 812 Ocean Blvd.
Atlantic Beach, Florida, 32233
Real Estate No. 170335 0000
Mr. Reed,
Please be advised that all building permits for the referenced property are no longer valid,per Florida Building
Code, Section 105.4.1.
This project was begun in late 2013, under the 2010 Florida Building Code (FBC), and it is still not completed
in 2018, over five years. We are now under the 2017 FBC (6th Edition).
The building permits listed below have been inactive for more than six months and,per FBC, Section 105.4.1,
the permits are now invalid. Currently, there are no valid building permits for the referenced project.
The invalid permits include:
1. Building: 13-00003591-01
2. Electric: 13-00003591-02, 14-00000103, 15-ELEC-392
3. HVAC: 13-00003591-03, 16-MECH-585
4. Gas: 13-00003591-04, 16-MECH-1593
5. Plumbing: 13-00003591-05, 16-PLBG-1163
6. Job trailer: 13-00003779
7. ROW: 16-ROW-1968 (Right Of Way)
As a result, no construction work or installation of materials, except clearing vegetation and building materials
from the premises and closing up the unfinished building, can take place at the site until new building permits
are issued in accordance with FBC, 5th Edition requirements, per Section 105.4.1.2.
1
c mer)a enrni I &i.ed 1.21 I ao? 'O:U'7 4M
Agenda Item #5.C.
06 May 2021
Page 70 of 150
This letter further directs you to abate the violations noted below by completing the following items within
ten(10) days of receipt of this notice:
1. Per the International Property Maintenance Code (IPMC), Section 108.2,the City orders you to close up
the unfinished building so as not to be an attractive nuisance. All access and openings into the
unfinished building must be closed up and secured. The IPMC is adopted by the City of Atlantic Beach
Code of Ordinances, Section 6-16.
2. Clear away vegetation and building materials from exterior property and premises, repair the silt fences,
and ensure the property is safe, per IPMC, Section 302.
A Stop Work Order will be posted on the property.
By copy of this letter to the contractors and sub-contractors on this project, I am also notifying them that no
work is authorized on this site.
It is our goal to keep our neighborhoods looking well maintained while protecting property values and your
prompt attention and cooperation in this matter will be greatly appreciated. Please contact me, if you have
any questions, wish to obtain applications for any new building permits, or need additional information.
Sincerely,
Dan Arlington, CBO
Building Official
City of Atlantic Beach
904) 247-5813
darlington@coab.us
cc: City Manager; City Attorney; Happy Cat Electric, Inc; Sawyer Gas;Advanced Ventilation, LLC; Conserve,
LLC.
2
Agenda Item #5.C.
06 May 2021
Page 71 of 150
4CITY OF ATLANTIC BEACH
A !'' 800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
3I
904)247-5800
r
SENT BY US MAIL AND VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
7018 2290 0001 0116 8411
Posted on Property and City Hall
January 23, 2020
Mr. David Reed
10898 Bridges Rd.
Jacksonville, Florida, 32218
Re: 812 Ocean Blvd.
Atlantic Beach, Florida, 32233
Real Estate No. 170335 0000
Mr. Reed,
You were notified, by Certified Mail, dated January 17, 2018, (two years ago)that all permits for the referenced
project were no longer valid, due to inactivity,per Florida Building Code (FBC-B), Section 105.4.1. The
original building permit was issued in 2013.
This letter notifies you that the City has the authority to require the removal of all work commenced on the site,
including the uncompleted residential structure, per FBC-B, Section 105.4.1.2, and that the City may consider
that option if new building permits are not obtained and work does not commence.
Please submit a new permit application by Feb. 7, 2020.
It is our goal to keep our neighborhoods looking well maintained while protecting property values and your
prompt attention and cooperation in this matter will be greatly appreciated. Please contact me, if you have
any questions, wish to obtain applications for any new building permits, or need additional information.
Sincerely,
Dan Arlington, CBO
Building Official
City of Atlantic Beach
904) 247-5813
darlington@coab.us
cc: City Manager
1
lcoiner\-i e da4ect. alq IDceo 6 a'09 Ph- 1
Agenda Item #5.C.
06 May 2021
Page 72 of 150
Irizarry,Angela
From: Arlington, Daniel
Sent: Tuesday, February 4, 2020 2:09 PM
To: Corbin, Shane; Irizarry,Angela
Cc: Johnston, Jennifer; Bartle, Donna
Subject: FW: Reed/812 Ocean Blvd
Attachments: New COAB Letter 02047020.pdf; 812 Ocean 1 73 20.doc
All,
Forwarding a letter from David Reed's attorney. (812 Ocean Blvd, the "big blue house')The second attachment "812
Ocean 1 23 20" is my additional attachment.
Dan
Original Message
From: christopher.badeaux@badeauxlawfirm.com [mailto:christopher.badeaux@badeauxlawfirm.com]
Sent: Tuesday, February 4, 2020 1:58 PM
To: Arlington, Daniel<darlington@coab.us>; Building, Dept<Building-Dept@coab.us>
Cc: David Reed <davidreedecos@gmail.com>
Subject: Reed/812 Ocean Blvd
Mr. Arlington:
Please see the attached. Further correspondence will follow tomorrow.
Kindest regards,
Chris
Christopher Scott Badeaux
The Badeaux Law Firm, LLC
1400 Marketplace Blvd., Suite 112
Cumming, Georgia 30041
1.404.919.3139 (o)
1.404.783.3875 (c)
1.678.456.5416 (f)
Linkedln: http://www.linkedin.com/pub/christopher-badeaux/5/3b0/341
Twitter: http://twitter.com/CSBadeaux
TREASURY DEPARTMENT CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Treasury
Department, we inform you that any U.S.
federal tax advice contained in this communication (including any
attachments) is not intended or written to be used, and cannot be used, for the purpose of(i) avoiding penalties under
the Internal Revenue Code or
ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
1
Agenda Item #5.C.
06 May 2021
Page 73 of 150
NOTICE:This e-mail message and all attachments transmitted with it may contain legally privileged and confidential
information intended solely for the use of the addressee. If the reader of this message is not the intended recipient,you
are hereby notified that any reading,dissemination, distribution, copying, or other use of this message or its
attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by
telephone (404.783.3875)or by electronic mail and then delete this message and all copies and backups thereof.Thank
you.
2
Agenda Item #5.C.
06 May 2021
Page 74 of 150
Christopher Scott Badeaux
I3 \ I) I •\ t \ I A.WW Direct:404.919.3139
christopher.badeaux@badeauxlawfirm.com
February 4, 2020
Via Electronic Mail and Certified Mail, Return Receipt Requested
Dan Arlington, CBO City of Atlantic Beach
Building Official Attention:Nuisance/Appeal
City of Atlantic Beach 800 Seminole Road
800 Seminole Road Atlantic Beach, FL 32233
Atlantic Beach, FL 32233 building-dept(acoab.us
darlington@coab.us
RE: Real Estate No. 170335 0000
Dear Mr. Arlington:
I represent David Reed and his family in this matter.Please copy all correspondence
to me.
More extensive correspondence will be forthcoming in the next day. However, on
review, there appear to be two outstanding issues
First, on review, it appears that our records request pursuant to the Government in
the Sunshine Law, § 286.011, Fla. Stat., sent on August 1, 2015 by certified mail, was
never answered. The failure to provide those documents, while the then-existing permit
was still open, significantly delayed completion. We are perplexed by this delay and the
resulting effect on the project, and hope you can resolve the same quickly.
Second, it appears that the City of Atlantic Beach has changed the permitting
requirements for this property after all of the plans were properly filed and approved,
permitted construction was underway, and the Reeds built improvements in accordance
with law, custom, and regulation. The lack of a permit under this new, midstream change
is being cited as a basis for demanding teardown. Accordingly, pursuant to Code of
Ordinances of the City of Atlantic Beach, Chapter II, Section 12-2,my client, David Reed,
requests a hearing before the City Council with respect to the alleged violations raised by
the City of Atlantic Beach with respect to the above property. Mr. Reed will present
evidence to show why the conditions cited do not rise to the level of nuisances and why
construction should complete.
The Badeaux Law Firm, LLC • 1400 Marketplace Blvd, Suite 112, Cumming, Georgia 30041
Agenda Item #5.C.
06 May 2021
Page 75 of 150
Dan Arlington, CBO
Tuesday, February 04, 2020
Page 2
Again, we will be forwarding up tomorrow with a more extensive letter. We thank
you for your time and look forward to prompt attention to these matters.
With kindest regards, I remain
Very truly yours,
s Christopher Scott Badeaux
Christopher Scott Badeaux
The Badeaux Law Firm, LLC • 1400 Marketplace Blvd., Suite 112, Cumming, Georgia 30041
Agenda Item #5.C.
06 May 2021
Page 76 of 150
Irizarry,Angela
From: Arlington, Daniel
Sent: Wednesday, February 26, 2020 2:15 PM
To: christopher.badeaux@badeauxlawfirm.com; Building, Dept
Cc:David Reed; Irizarry,Angela; Corbin, Shane
Subject: RE: Reed/812 Ocean Blvd
Attachments: 105.4, Permits.docx
Dear Mr. Badeaux:
We received your letter, dated February 4, 2020, by electronic mail, regarding:
812 Ocean Blvd.
Atlantic Beach, Florida, 32233
Real Estate No. 170335 0000.
Your letter stated "More extensive correspondence will be forthcoming in the next day."
Please be aware that we have not received any further correspondence.
This email only addresses the original letter.
Regarding your first point:
As far as I know, the City provided all of the documents requested. If you want to request those documents again or
request other documents, please do so, and we will provide them.
Also,your first point refers to a delay in completion of construction, due to your view of the City's response to your
records request. I see no connection between the records request and the lack of progress on this project. Please
explain your reasoning.
Regarding your second point, changing permitting requirements:
Per Florida Building Code-Building (FBC-B), Section 105.4.1.2 (Attached), a new building permit is required, providing
that all existing work and all work required to complete the project meet all regulations in effect when the original
permit became null and void (02/23/2017) and any regulations which may have become effective between the date of
expiration and the date of issuance of the new permit. That will include the FBC and all local Ordinances adopted since
02/23/2017.
Regarding the second part of your second point, a hearing for nuisance violations:
Our notice to Mr. Reed is not a nuisance violation. It is a violation of the Florida Building Code and the provisions of The
City of Atlantic Beach Code of Ordinances, Chapter II,Section 12-2 do not apply.
This project was started over six years ago and spans three editions of the FBC; a very unusual situation.
We ask that your client either remove or obtain permits to complete this unfinished structure.
Your cooperation will be appreciated.
Sincerely,
Dan Arlington
Dan Arlington, CBO
Building Official
City of Atlantic Beach, Florida
darlington@coab.us
Agenda Item #5.C.
06 May 2021
Page 77 of 150
904) 247-5813
Original Message
From: christopher.badeaux@badeauxlawfirm.com [mailto:christopher.badeaux@badeauxlawfirm.com]
Sent: Tuesday, February 4, 2020 1:58 PM
To: Arlington, Daniel<darlington@coab.us>; Building, Dept<Building-Dept@coab.us>
Cc: David Reed <davidreedecos@gmail.com>
Subject: Reed/812 Ocean Blvd
Mr. Arlington:
Please see the attached. Further correspondence will follow tomorrow.
Kindest regards,
Chris
Christopher Scott Badeaux
The Badeaux Law Firm, LLC
1400 Marketplace Blvd., Suite 112
Cumming, Georgia 30041
1.404.919.3139 (o)
1.404.783.3875 (c)
1.678.456.5416 (f)
Linkedln: http://www.linkedin.com/pub/christopher-badeaux/5/3b0/341
Twitter: http://twitter.com/CSBadeaux
TREASURY DEPARTMENT CIRCULAR 230 DISCLOSURE:To ensure compliance with requirements imposed by the Treasury
Department, we inform you that any U.S.
federal tax advice contained in this communication (including any
attachments) is not intended or written to be used, and cannot be used, for the purpose of(i) avoiding penalties under
the Internal Revenue Code or
ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
NOTICE:This e-mail message and all attachments transmitted with it may contain legally privileged and confidential
information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you
are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its
attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by
telephone (404.783.3875) or by electronic mail and then delete this message and all copies and backups thereof.Thank
you.
2
Agenda Item #5.C.
06 May 2021
Page 78 of 150
Irizarry,Angela
From: Arlington, Daniel
Sent: Wednesday, March 11, 2020 10:31 AM
To: Corbin, Shane; Irizarry,Angela
Subject: FW: Reed/City of Atlantic Beach
Attachments: Letter to COAB and Arlington 03102020.pdf; LT 200204 David Reed Code
Compliance.pdf
FYI...
From:Christopher Badeaux[mailto:christopher.badeaux@badeauxlawfirm.com]
Sent:Tuesday, March 10, 2020 8:37 PM
To:Arlington, Daniel<darlington@coab.us>; Building, Dept<Building-Dept@coab.us>
Cc: 'David Reed'<davidreedecos@gmail.com>
Subject: Reed/City of Atlantic Beach
Dear Mr.Arlington:
Please see the attached.
Kindest regards,
Chris
Christopher Scott Badeaux
The Badeaux Law Firm, LLC
1400 Marketplace Blvd.,Suite 112
Cumming, Georgia 30041
1.404.919.3139 (o)
1.404.783.3875 (c)
1.678.456.5416 (f)
Linkedln: http://www.linkedin.com/pub/christopher-badeaux/5/3b0/341
Twitter: http://twitter.com/CSBadeaux
TREASURY DEPARTMENT CIRCULAR 230 DISCLOSURE:To ensure compliance with requirements imposed by the Treasury
Department,we inform you that any U.S.federal tax advice contained in this communication (including any attachments)is not
intended or written to be used,and cannot be used,for the purpose of(i)avoiding penalties under the Internal Revenue Code or(ii)
promoting,marketing or recommending to another party any transaction or matter addressed herein.
NOTICE:This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information
intended solely for the use of the addressee. If the reader of this message is not the intended recipient,you are hereby notified that
any reading,dissemination,distribution,copying,or other use of this message or its attachments is strictly prohibited. If you have
received this message in error, please notify the sender immediately by telephone(404.783.3875)or by electronic mail and then
delete this message and all copies and backups thereof.Thank you.
1
Agenda Item #5.C.
06 May 2021
Page 79 of 150
Christopher Scott Badeaux
B A. 1) 1: :A l \ 1. A WW Direct: 404.919.3139
christopher.badeaux@badeauxlawfirm.com
March 10, 2020
Via Electronic Mail and Certified Mail,Return Receipt Requested
Dan Arlington, CBO City of Atlantic Beach
Building Official Attention: Nuisance/Appeal
City of Atlantic Beach 800 Seminole Road
800 Seminole Road Atlantic Beach, FL 32233
Atlantic Beach, FL 32233 building-dept(a,coab.us
darlington@coab.us
RE: Real Estate No. 170335 0000
Dear Mr. Arlington:
Again, I represent David Reed and his family in this matter. Please copy all
correspondence to me.
This follows on my correspondence of February 4, 2020. From our perspective,
there appear to be several outstanding issues. I will address these in turn.
There are several problems here, all stemming from what appears to be years of the
City's interference with my clients' lawful and conscientious attempt to build their home.
First,and most to the immediate point,my client operated at all times under a lawful
permit and duly and regularly called inspections at the proper times. Despite these efforts,
the City has been unrelenting in its efforts to unlawfully impede this construction, imposing
numerous baseless delays — including a spurious claim of vermin on the property that
slowed construction and required the disposal of tens of thousands of dollars of valuable
lumber—since the very beginning.
On the most recent call for an inspection on that open permit, the call was ignored,
and the permit subsequently pulled for want of an inspection. —In fact, you actually
performed an inspection,and approved the drywall work—but then claimed the permit had
expired before that inspection, so that approval was never recorded. Regular progress
inspections were timely called, and work proceeded timely until the purported termination
of the permit. The permit should have never have been deemed expired.This is a negligent
The Badeaux Law Firm, LLC • 1400 Marketplace Blvd., Suite 112, Cumming, Georgia 30041
Agenda Item #5.C.
06 May 2021
Page 80 of 150
Dan Arlington,CBO
Tuesday, March 10, 2020
Page 2
error at best and bad faith at worst by the City. The old permit properly remains in effect,
and my client is prepared for the inspection for which he called months ago.
This leads to the second point: Once the permit was improperly pulled, the City
added new regulations which will require a re-design of my client's property, which is
already largely complete.Quite aside from the improper actions with respect to the permit,
this amounts to an unlawful taking—it will require both a redesign and rebuild of part of
the property,and cost additional funds for a new design and permit.
The property was designed with and overseen by Frank C. Fromherz, II, P.E., a
licensed professional engineer. (A copy of his report is enclosed herewith.) A certified
general contractor met with you following permits being pulled. However, you have
insisted that you will not allow"permits to be opened like before ... [you] will only allow
Mr. Reed to limit the project to small tasks that[you] can approve as things proceed." It is
not in your remit to oversee and plan construction; it is the hired professionals' job to
complete the job as they see fit, in accordance with the permits pulled. This will slow the
project even more and make it more expensive,and is further proof of the City's bad faith.
On that note,my client recently observed the Mayor discussing taking the property
by eminent domain. Given the history of this project and the City's repeated bad-faith
attempts to delay or stop it,the problems with such a thing are self-evident.
Perhaps most inappropriately,the City has approached my client,most recently on
May 24, 2019, to inform him that the City has a potential buyer for his property. This
suggests that the problem is not with the building as-designed,the construction process,or
any impact on the surrounding area,but the particular persons owning it. As my client has
noted to you several times, there has been an undertone of racial animus to these
proceedings—now half a decade long—that this particular development seems to underline.
My client demands that you reinstate the permit that was improperly pulled;
perform the inspection he called at the proper time; and cease the City's efforts to delay or
stop this property's development, or take it improperly.
With kindest regards, I remain
Very truly yours,
s Christopher Scott Badeaux
Christopher Scott Badeaux
Encl.
The Badeaux Law Firm, LLC • 1400 Marketplace Blvd.,Suite 112, Cumming, Georgia 30041
Agenda Item #5.C.
06 May 2021
Page 81 of 150
FRANK C. FROMHERZ II
Professional Engineer
1924 Audubon Street
New Orleans,Louisiana 70118
ilfrip (504)400-8562
504)733-8683(Fax)
February 4, 2020
Mr. David Reed
812 Ocean Boulevard
Atlantic Beach, Florida 32233
Re: Building Code Compliance
Dear Mr. Reed:
As you requested during our telephone discussion of January 30, 2020, I provide this letter. You
have been requested by the City of Atlantic Beach to provide a certification that your home com-
plies with the 2017 Florida Building Code. I provide the following statement.
On December 22, 2014, I provided professionally sealed drawings to Mr. Reed for the construc-
tion of his new home, and on December 30, 2014, I provided revisions to the sealed drawings.
As construction was initiated, I assumed the responsibility as Truss Design Engineer and pre-
pared record drawings for cold formed steel trusses and other cold-formed steel building compo-
nents. These documents were prepared by me or under my close, personal supervision. Mr.
Reed required that his home be designed to a higher wind load than required by the Florida
Building Code. The building walls and steel structure were designed to withstand an ultimate
wind speed of 200 mph under ASCE 7-10, and the roof trusses were designed to withstand an
ultimate wind speed of 170 mph. To the best of my knowledge and belief, this structure, even
now,complies with the 2017 Florida Building Code.
Please contact the undersigned if there are any questions or if additional information is needed.
We will coordinate our next trip upon notification that the contractor is ready.
FROMH i,
Yours very t ly, Cr .••••••.F'
5
No.
orf,74 ;e-,9—ii: Of
Frank C. Fromherz II, P.E. FL OFt\5;•'
FCFIVii i FsSII
IONA;–\\-
Page 1 of 1 1493.01 –D
Agenda Item #5.C.
06 May 2021
Page 82 of 150
Irizarry,Angela
From: Arlington, Daniel
Sent: Friday, April 24, 2020 10:04 AM
To: Corbin, Shane
Cc: Askew, Amanda; Irizarry,Angela
Subject: FW: Discussion
Attachments: 812 Ocean 1 23 20.doc; 812 Ocean 1 17 18.doc
Shane,
This email from David Reed,the owner of the unfinished 812 Ocean Blvd house, is following a phone conversation we
had, yesterday afternoon.
He wants to get started again, completing the house, but he does not want pay for new plans and permits.
He still thinks the City is wrong and he is right and threatens to sue, if we do not give him a new permit.
Two prior letters attached,for background.
Do you want to discuss before I reply?
Also, I told him two or three years ago that he could pull an individual permit for the doors to complete the exterior and
I will offer that again.
Dan
Original Message
From: David Reed [mailto:davidreedecos@gmail.com]
Sent:Thursday,April 23, 2020 5:56 PM
To:Arlington, Daniel<darlington@coab.us>
Cc: Linda Torres-Reed<linda@lindatorres.com>
Subject: Discussion
Thanks again for taking the time to discuss a mutual goal of allowing me to finish construction. The City of Jacksonville
recently charged $20 to reopen an expired permit for a CoJ company. Minor impact. Regardless of our disputes over
many items, I would encourage you to do what you can to help me open the permit. My goal would be to submit on
Garage and front doors as a first step. FL Product approval submittals will allow the home to look generally finished
from the exterior. This will help improve the looks of the town and allow a major step forward. As discussed, we will
use our engineers to verify code compliance to avoid any city assistance through the remainder of the project.
Lots of other items discussed and presented in the last letter from Attorney Badeaux. I think I paid maybe$3-4K for the
last permit and we have been arguing that it never should have expired because the DW inspection was not entered at
the City so long ago. With an open permit, I would like to thank the City for assisting and I look forward to CO for Linda
Torres-Reed and kids Logan, Czarina and Bodhi.
Dave Reed
1
Agenda Item #5.C.
06 May 2021
Page 83 of 150
A(11A ,CITY OF ATLANTIC BEACHsS
r j 800 SEMINOLE ROAD
j ATLANTIC BEACH, FL 32233
904) 247-5800
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
January 23, 2020
Mr. David Reed
10898 Bridges Rd.
Jacksonville, Florida, 32218
Re: 812 Ocean Blvd.
Atlantic Beach, Florida, 32233
Real Estate No. 170335 0000
Mr. Reed,
You were notified, by Certified Mail, dated January 17, 2018, (two years ago)that all permits for the referenced
project were no longer valid, due to inactivity,per Florida Building Code (FBC-B), Section 105.4.1. The
original building permit was issued in 2013.
This letter notifies you that the City has the authority to require the removal of all work commenced on the site,
including the uncompleted residential structure,per FBC-B, Section 105.4.1.2, and that the City may consider
that option if new building permits are not obtained in the very near future.
Please reply to this notice within 10 Days to discuss the re-permitting process.
It is our goal to keep our neighborhoods looking well maintained while protecting property values and your
prompt attention and cooperation in this matter will be greatly appreciated. Please contact me, if you have
any questions, wish to obtain applications for any new building permits, or need additional information.
Sincerely,
Dan Arlington, CBO
Building Official
City of Atlantic Beach
904) 247-5813
darlington@coab.us
cc: City Manager; City Attorney;
1
Agenda Item #5.C.
06 May 2021
Page 84 of 150
rii:
s,CITY OF ATLANTIC BEACH
l 800 SEMINOLE ROAD
js-)
ATLANTIC BEACH,FL 32233
904)247-5800
1.4-1-01.119
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
January 17, 2018
Mr. David Reed
10898 Bridges Rd.
Jacksonville, Florida, 32218
Re: 812 Ocean Blvd.
Atlantic Beach, Florida, 32233
Real Estate No. 170335 0000
Mr. Reed,
Please be advised that all building permits for the referenced property are no longer valid,per Florida Building
Code, Section 105.4.1.
This project was begun in late 2013, under the 2010 Florida Building Code (FBC), and it is still not completed
in 2018, over five years. We are now under the 2017 FBC (6th Edition).
The building permits listed below have been inactive for more than six months and,per FBC, Section 105.4.1,
the permits are now invalid. Currently,there are no valid building permits for the referenced project.
The invalid permits include:
1. Building: 13-00003591-01
2. Electric: 13-00003591-02, 14-00000103, 15-ELEC-392
3. HVAC: 13-00003591-03, 16-MECH-585
4. Gas: 13-00003591-04, 16-MECH-1593
5. Plumbing: 13-00003591-05, 16-PLBG-1163
6. Job trailer: 13-00003779
7. ROW: 16-ROW-1968 (Right Of Way)
As a result, no construction work or installation of materials, except clearing vegetation and building materials
from the premises and closing up the unfinished building, can take place at the site until new building permits
are issued in accordance with FBC, 5th Edition requirements,per Section 105.4.1.2.
1
Agenda Item #5.C.
06 May 2021
Page 85 of 150
This letter further directs you to abate the violations noted below by completing the following items within
ten(10) days of receipt of this notice:
1. Per the International Property Maintenance Code (IPMC), Section 108.2, the City orders you to close up
the unfinished building so as not to be an attractive nuisance. All access and openings into the
unfinished building must be closed up and secured. The IPMC is adopted by the City of Atlantic Beach
Code of Ordinances, Section 6-16.
2. Clear away vegetation and building materials from exterior property and premises, repair the silt fences,
and ensure the property is safe, per IPMC, Section 302.
A Stop Work Order will be posted on the property.
By copy of this letter to the contractors and sub-contractors on this project, I am also notifying them that no
work is authorized on this site.
It is our goal to keep our neighborhoods looking well maintained while protecting property values and your
prompt attention and cooperation in this matter will be greatly appreciated. Please contact me, if you have
any questions, wish to obtain applications for any new building permits, or need additional information.
Sincerely,
Dan Arlington, CBO
Building Official
City of Atlantic Beach
904) 247-5813
darlington@coab.us
cc: City Manager; City Attorney; Happy Cat Electric, Inc; Sawyer Gas; Advanced Ventilation, LLC; Conserve,
LLC.
2
Agenda Item #5.C.
06 May 2021
Page 86 of 150
Irizarry,Angela
From: Arlington, Daniel
Sent: Monday, May 18, 2020 10:59 AM
To: Irizarry,Angela
Subject: FW: Discussion
Background for previous email...
From:Arlington, Daniel
Sent: Monday, May 18, 2020 10:50 AM
To: Corbin, Shane<scorbin@coab.us>
Subject: FW: Discussion
Shane,
Here is my last correspondence with the owner.
I spoke to Brenna on May 7 and she had not heard from the owner or his attorney.
Dan
From:Arlington, Daniel
Sent: Wednesday, April 29, 2020 5:26 PM
To: 'David Reed'<davidreedecos@gmail.com>; Chris Badeaux<christopher.badeaux@gmail.com>
Cc: Linda Torres-Reed<linda@lindatorres.com>; Corbin, Shane<scorbin@coab.us>; Irizarry,Angela<alrizarry@coab.us>;
Brenna Durden' <bdurden@llw-law.com>
Subject: RE: Discussion
Dave,
Our City Attorney is:
Brenna Durden
Brenna M. Durden I Shareholder
245 Riverside Avenue, Suite 150 1 Jacksonville, Florida 32202
bdurden(a llw-law.com 1 (o) 904.353.6410 1 (c) 904.234.3729
vCard I Website I Bio I join us online
Data Arl ivtgton
Dan Arlington, CBO
Building Official
City of Atlantic Beach, Florida
darlington( coab.us
904) 247-5813
From: David Reed [mailto:davidreedecos@gmail.coml
Sent:Wednesday, April 29, 2020 3:59 PM
1
Agenda Item #5.C.
06 May 2021
Page 87 of 150
To:Arlington, Daniel<darlington@coab.us>; Chris Badeaux<christopher.badeaux@gmail.com>
Cc: Linda Torres-Reed<linda@lindatorres.com>; Corbin, Shane<scorbin@coab.us>; Irizarry,Angela<alrizarry@coab.us>
Subject: Re: Discussion
Thanks for the email response. I assume that you and the CoAB will take the stance that you had no
responsibility in the inappropriate removal of permit to begin with. As requested in the prior email,please send
over the contact for the attorney for the City. We will ask Attorney Badeaux to reach out and present the
concerns. There may be 1983 claims amongst other items to present to protect the rights of my family.
I will call now to confirm the same.
David Reed
904-874-6607
On Apr 29, 2020, at 2:51 PM, Arlington, Daniel <darlington@coab.us>wrote:
Dave,
Thanks for the call and email.
I will be happy to help you get your project going again.
A separate permit to install the garage and other remaining doors is a good idea.
Please apply for that permit, using the forms found at: http://coab.us/799/Building-Dept
Please read the COVID19 notice on the webpage and the attached memol9.
You will need the Building Permit Application, Owner Builder Affidavit, Notice of Commencement,
and Product Approval Information Forms.
Engineers cannot verify building codes unless they are also licensed plans examiners and building
inspectors for each trade.
But you can use a private provider for the'building' part of the project, per Florida Statute 553.791, if
you wish.
Zoning, Public Works,and Public Utilities will still regulate those portions of the project.
Regarding the fees for a new building permit, maybe some jurisdiction,somewhere, charged $20 to
reinstate a plumbing permit, expired for a week or two, but your permits have been expired for two
years and eight months. FBC-B,Section 105.4.1.2 is very clear about the requirement for new permits
after 180 days from the date the initial permit expired.
The fastest way to complete your project is to obtain new plans and permits, under current codes, and
then finish the work. I encourage you to do that.
I will help you, all I can,while still following State and local regulations.
Original Message
From: David Reed [mailto:davidreedecos@gmail.com]
Sent:Thursday,April 23, 2020 5:56 PM
To:Arlington, Daniel<darlington@coab.us>
Cc: Linda Torres-Reed<linda@lindatorres.com>
Subject: Discussion
Thanks again for taking the time to discuss a mutual goal of allowing me to finish construction. The City
of Jacksonville recently charged $20 to reopen an expired permit for a CoJ company. Minor
impact. Regardless of our disputes over many items, I would encourage you to do what you can to help
me open the permit. My goal would be to submit on Garage and front doors as a first step. FL Product
2
Agenda Item #5.C.
06 May 2021
Page 88 of 150
approval submittals will allow the home to look generally finished from the exterior. This will help
improve the looks of the town and allow a major step forward. As discussed,we will use our engineers
to verify code compliance to avoid any city assistance through the remainder of the project.
Lots of other items discussed and presented in the last letter from Attorney Badeaux. I think I paid
maybe$3-4K for the last permit and we have been arguing that it never should have expired because
the DW inspection was not entered at the City so long ago. With an open permit, I would like to thank
the City for assisting and I look forward to CO for Linda Torres-Reed and kids Logan, Czarina and Bodhi.
Dave Reed
812 Ocean 1 23 20.doc><812 Ocean 1 17 18.doc><MEMO 19.doc>
3
Agenda Item #5.C.
06 May 2021
Page 89 of 150
Irizarry,Angela
From: Corbin, Shane
Sent: Wednesday, May 20, 2020 9:49 AM
To: Brenna Durden; Arlington, Daniel; Askew, Amanda; Irizarry,Angela
Subject: RE: City of Atlantic Beach, Real Estate No. 170335 0000; 812 Ocean Blvd., Atlantic Beach,
FL
Brenna,
Those screen shots appear to be fabricated.
Please let code enforcement handle this.
Thanks,
Shane
Original Message
From: Brenna Durden [mailto:bdurden@Ilw-law.com]
Sent: Wednesday, May 20, 2020 9:29 AM
To: Arlington, Daniel<darlington@coab.us>; Corbin, Shane <scorbin@coab.us>; Askew, Amanda<aaskew@coab.us>;
Irizarry,Angela <alrizarry@coab.us>
Subject: Fwd: City of Atlantic Beach, Real Estate No. 170335 0000; 812 Ocean Blvd., Atlantic Beach, FL
Received this morning.
Brenna M. Durden
Shareholder
Lewis, Longman&Walker, P.A.
904.353.6410
Sent from my iPhone
Begin forwarded message:
From: David Reed <davidreedecos@gmail.com>
Date: May 20, 2020 at 8:49:46 AM EDT
To: "christopher.badeaux@badeauxlawfirm.com"<christopher.badeaux@badeauxlawfirm.com>
Cc: Brenna Durden<bdurden@llw-law.com>
Subject: Re: City of Atlantic Beach, Real Estate No. 170335 0000; 812 Ocean Blvd., Atlantic Beach, FL
cid:B60E892A-078D-4ECE-BOA3-83AD08AD5C4F]
I only have the Text message from a former contractor Stated what it did and his statement that he saw it at the
website.
Contractor claimed it was Jacksonville Small and Emerging Business (JSEB).
1
Agenda Item #5.C.
06 May 2021
Page 90 of 150
https://www.coj.net/departments/jacksonville-small-emerging-business.aspx
cid:B31B608E-C961-4A79-AOA9-AOCE4B120B3B][cid:3C23944E-0765-42F8-98C4-3E2D4FE5A090]
that local
David Reed
904-874-6607
Davidreedecos@gmail.com
On May 19, 2020,at 9:53 PM, christopher.badeaux@badeauxlawfirm.com wrote:
Apologies. It's been a migraine day.
404.783.3875.
I'm asking my client for it now.
Original Message
From: "Brenna Durden" <bdurden@Ilw-law.com>
Sent:Tuesday, May 19, 2020 9:22pm
To: "christopher.badeaux@badeauxlawfirm.com"<christopher.badeaux@badeauxlawfirm.com>
Cc: "David Reed" <davidreedecos@gmail.com>
Subject: Re: City of Atlantic Beach, Real Estate No. 170335 0000; 812 Ocean Blvd.,Atlantic Beach, FL
Please send any documents that you have that cause you to think your client's property is on a "bid list for demolition."
Also, I still need your phone number please.Thank you. Brenna
Brenna M. Durden
Shareholder
Lewis, Longman &Walker, P.A.
904.353.6410
Sent from my iPhone
On May 19, 2020, at 9:01 PM, "christopher.badeaux@badeauxlawfirm.com"
christopher.badeaux@badeauxlawfirm.com>wrote:
Sounds like a plan. I'll book it.
In the interim, my client's property is now on the bid list for demolition by the city. Can you make sure this isn't going
anywhere while we discuss matters,so I don't have to burn everyone's money on an emergency injunction hearing?
Kindest regards,
Chris
2
Agenda Item #5.C.
06 May 2021
Page 91 of 150
Original Message
From: "Brenna Durden" <bdurden@llw-law.com>
Sent:Tuesday, May 19, 2020 9:56am
To: "christopher.badeaux@badeauxlawfirm.com"' <christopher.badeaux@badeauxlawfirm.com>
Cc: "David Reed" <davidreedecos@gmail.com>
Subject: RE: City of Atlantic Beach, Real Estate No. 170335 0000; 812 Ocean Blvd.,Atlantic Beach, FL
Thanks for your reply. Let's set it for noon on Thursday. And please send me your phone number. Thanks, Brenna
PLEASE NOTE NEW SUITE NUMBER BELOW
Brenna M. Durden I Shareholder
245 Riverside Avenue, Suite 510 I Jacksonville, Florida 32202 bdurden@llw-law.com I (o) 904.353.6410 I (c)
904.234.3729 vCard I Website I Bio I join us online
Named 2020 Land Use and Zoning Law "Lawyer of the Year" in Jacksonville by Best Lawyers°
The information contained in this transmission may be legally privileged and confidential. It is intended only for the use
of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that
you received this communication in error, and that any dissemination, distribution, or copying of this communication is
strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email
and delete the message and all copies of it.
Original Message
From: christopher.badeaux@badeauxlawfirm.com [mailto:christopher.badeaux@badeauxlawfirm.com]
Sent: Tuesday, May 19, 2020 9:53 AM
To: Brenna Durden <bdurden@llw-law.com>
Cc: David Reed <davidreedecos@gmail.com>
Subject: RE: City of Atlantic Beach, Real Estate No. 170335 0000; 812 Ocean Blvd., Atlantic Beach, FL
Ms. Durden:
I have ten kids, so I know all about being flexible. We can work around your time. I have a client meeting that I was going
to schedule on Thursday or Friday, so I'll just solidify which and follow up.
On the call:Three months ago, I'd have raised an eyebrow.These days, I take this sort of thing as a given. Verizon has,
against all odds, performed remarkably lately, but a minor reversion to form is to be expected. Short version: No worries
at all.
Kindest regards,
Chris
Original Message
From: "Brenna Durden" <bdurden@llw-law.com>
Sent: Tuesday, May 19, 2020 9:38am
3
Agenda Item #5.C.
06 May 2021
Page 92 of 150
To: "christopher.badeaux@badeauxlawfirm.com"' <christopher.badeaux@badeauxlawfirm.com>
Cc: "David Reed" <davidreedecos@gmail.com>
Subject: RE: City of Atlantic Beach, Real Estate No. 170335 0000; 812 Ocean Blvd., Atlantic Beach, FL
Good morning Mr. Badeaux, thank you for your email. I am unfortunately not available today or tomorrow for a call
with you. However, I could talk with you sometime between noon and 5 pm on Thursday. If that is not a good time for
you, I could talk with you at 9 am on Friday, or between 11:30 and 2pm on Friday. Hopefully, one of these time periods
will work. Please let me know a specific time you can talk and also a phone number I should call at the appointment
time. Thank you, Brenna PS--Although you mention that you left me a voice message a little over a week ago, I
wanted you to know I never received any message from you. I apologize for any inconvenience this may have caused.
PLEASE NOTE NEW SUITE NUMBER BELOW
Brenna M. Durden I Shareholder
245 Riverside Avenue, Suite 510 I Jacksonville, Florida 32202 bdurden@Ilw-law.com I (o) 904.353.6410 I (c)
904.234.3729 vCard I Website I Bio I join us online
Named 2020 Land Use and Zoning Law "Lawyer of the Year" in Jacksonville by Best Lawyers®
The information contained in this transmission may be legally privileged and confidential. It is intended only for the use
of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that
you received this communication in error, and that any dissemination, distribution, or copying of this communication is
strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email
and delete the message and all copies of it.
Original Message
From: christopher.badeaux@badeauxlawfirm.com [mailto:christopher.badeaux@badeauxlawfirm.com]
Sent: Monday, May 18, 2020 7:12 PM
To: Brenna Durden <bdurden@llw-law.com>
Cc: David Reed <davidreedecos@gmail.com>
Subject: City of Atlantic Beach, Real Estate No. 170335 0000; 812 Ocean Blvd., Atlantic Beach, FL
Ms. Durden:
Good evening.This is to follow on the voice mail I left you a little over a week ago. Apologies for the delay in follow-up;
for some reason, family emergencies are more common under quarantine than when the kids are out and about.
I represent David Reed, a homeowner in the City of Atlantic Beach who has been building his house there for over half a
decade. I'm happy to forward you a complete timeline, but the short version is that although Mr. Reed is a highly
experienced contractor, the project has been plagued by externally- (that is to say, City of Atlantic Beach-) driven delays
for the entirety of its construction, ranging from a refusal to perform basic municipal services to, most recently, pulling
the permit even though the project was on track for near-completion and requiring what essentially amounts to a
substantial redesign and rebuild.
It is hard to identify the exact source of the animus my client has faced, though racial issues-- Mr. Reed is one half of a
biracial couple and potential neighbors have shared their thoughts about this-- have clearly played an issue. Most
recently, my client recently observed the Mayor discussing taking the property by eminent domain. Given the history of
4
Agenda Item #5.C.
06 May 2021
Page 93 of 150
this project and the City's repeated bad-faith attempts to delay or stop it,the problems with such a thing are self-
evident.
Perhaps most inappropriately,the official charged with overseeing construction has approached my client to suggest
buying the property.This suggests that the problem is not with the building as-designed,the construction process,or
any impact on the surrounding area, but the particular persons owning it--and the persons overseeing the permitting
process.
I stress again that this is merely the most recent problem is a half-decade-plus construction effort for a single-family
home. It is very hard to escape the conclusion that my client has been the target of official animus that has repeatedly
and deliberately deprived him and his family of their rights under color of law.
Despite all of this, my client believes the matter can be easily resolved, and remains hopeful for a good outcome. If we
could schedule a time to talk tomorrow or Wednesday, I'd appreciate it. It is always better,as Winston Churchill noted,
to engage in jaw-jaw rather than war-war. I'm hopeful the City will agree.
Please let me know and I'll work to clear my calendar.
Kindest regards,
Chris
5
Agenda Item #5.C.
06 May 2021
Page 94 of 150
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH,FL 32233
904)247-5800
SENT BY US MAIL AND VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
7018 2290 0001 0116 8411
Posted on Property and City Hall
January 23,2020
Mr.David Reed
10898 Bridges Rd.
Jacksonville,Florida,32218
Re: 812 Ocean Blvd.
Atlantic Beach,Florida, 32233
Real Estate No. 170335 0000
Mr. Reed,
You were notified,by Certified Mail, dated January 17,2018,(two years ago)that all permits for the referenced
project were no longer valid,due to inactivity,per Florida Building Code(FBC-B), Section 105.4.1. The
original building permit was issued in 2013.
This letter notifies you that the City has the authority to require the removal of all work commenced on the site,
including the uncompleted residential structure,per FBC-B, Section 105.4.1.2,and that the City may consider
that option if new building permits are not obtained and work does not commence.
Please submit a new permit application by Feb. 7,2020.
It is our goal to keep our neighborhoods looking well maintained while protecting property values and your
prompt attention and cooperation in this matter will be greatly appreciated. Please contact me,if you have
any questions, wish to obtain applications for any new building permits,or need additional information.
Sincerely,
T
t—t c:T
Dan Arlington, CBO
Building Official
City of Atlantic Beach
904)247-5813
darlington@coab.us
cc: City Manager
Agenda Item #5.C.
06 May 2021
Page 95 of 150
8:47 i' a 00.
RL
Rob >
F
fwd:
We've taken an interest
in your property on
Ocean Blvd. Your
Permit is the last known
active on record. The
City Ordinance of
Atlantic Beach Florida
32233 has retained our
services to start
demolition
proceedings. Please
advise that all
belongings and
occupants have
Got this earlier today, I'll
send email but I don't
have your current email
and the one they sent
is
iiviessaae
i Pay
Agenda Item #5.C.
06 May 2021
Page 96 of 150
8:47 fl S'
RL
Rob
Got this earlier today, I'll
send email but I don't
have your current email
and the one they sent
me is long as F
The city has been sued
for pulling the permit.
I just joined JSEB a few
months ago. It's on the
work to bid to tear it
down. I'd call the city to
make sure they don't
turn some maniac loose
on it.
Understood
Delivered
0 0)
I
fryr0.Pay p
Agenda Item #5.C.
06 May 2021
Page 97 of 150
Irizarry,Angela
From: Irizarry,Angela
Sent: Friday, May 29, 2020 8:05 AM
To: Christopher Badeaux'
Cc:David Reed'
Subject: RE: City of Atlantic Beach, Real Estate No. 170335 0000; 812 Ocean Blvd., Atlantic Beach,
FL
Good Morning Mr. Badeaux,
I am available today after loam.
From:Christopher Badeaux [mailto:christopher.badeaux@badeauxlawfirm.com]
Sent:Thursday, May 28, 2020 4:26 PM
To: Irizarry,Angela <alrizarry@coab.us>
Cc: 'David Reed'<davidreedecos@gmail.com>
Subject:City of Atlantic Beach, Real Estate No. 170335 0000; 812 Ocean Blvd.,Atlantic Beach, FL
Ms. Irizarry:
I've tried calling the number the City attorney gave me for you with respect to this matter and I'm told the number is out
of service. I'm not sure what the problem is, but we need to discuss this matter as soon as possible.Are you free for a
call tomorrow morning?And if so,what number works?
Kindest regards,
Chris
Christopher Scott Badeaux
The Badeaux Law Firm, LLC
1400 Marketplace Blvd.,Suite 112
Cumming, Georgia 30041
1.404.919.3139 (o)
1.404.783.3875 (c)
1.678.456.5416 (f)
Linkedln: http://www.linkedin.com/pub/christopher-badeaux/5/3b0/341
Twitter: http://twitter.com/CSBadeaux
TREASURY DEPARTMENT CIRCULAR 230 DISCLOSURE:To ensure compliance with requirements imposed by the Treasury
Department,we inform you that any U.S.federal tax advice contained in this communication(including any attachments)is not
intended or written to be used,and cannot be used,for the purpose of(i)avoiding penalties under the Internal Revenue Code or(ii)
promoting,marketing or recommending to another party any transaction or matter addressed herein.
NOTICE:This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information
intended solely for the use of the addressee.If the reader of this message is not the intended recipient,you are hereby notified that
any reading,dissemination,distribution,copying,or other use of this message or its attachments is strictly prohibited. If you have
received this message in error,please notify the sender immediately by telephone(404.783.3875)or by electronic mail and then
delete this message and all copies and backups thereof.Thank you.
1
Agenda Item #5.C.
06 May 2021
Page 98 of 150
Irizarry,Angela
From: Irizarry,Angela
Sent: Monday, October 5, 2020 2:39 PM
To: Christopher Badeaux'
Cc:David Reed'
Subject: RE: City of Atlantic Beach, Real Estate No. 170335 0000; 812 Ocean Blvd., Atlantic Beach,
FL
Good afternoon,
I hope you are both doing well. I wanted to touch base with you on the house at 812 Ocean. City hall was closed for a
bit due to COVID so now that we are open again, I wanted to catch up on where you are with submitting new house
plans to finish the project. During my last conversation with Mr. Badeaux, I believed we left off with the idea of
resubmitting the plans as the house is built today with a current date so we can see if it meets current codes. Please let
me know what your plans are this week.
Thank you.
Angela Irizarry, Code Enforcement Officer
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
O:(904) 247-5855
Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials
and agencies regarding State or Local business are public records available to the public and media upon
request. Your email communications, including your email address, may therefore be subject to public
disclosure.
From: Christopher Badeaux [mailto:christopher.badeaux@badeauxlawfirm.com]
Sent:Thursday, May 28, 2020 4:26 PM
To: Irizarry,Angela <alrizarry@coab.us>
Cc: 'David Reed' <davidreedecos@gmail.com>
Subject: City of Atlantic Beach, Real Estate No. 170335 0000; 812 Ocean Blvd., Atlantic Beach, FL
Ms. Irizarry:
I've tried calling the number the City attorney gave me for you with respect to this matter and I'm told the number is out
of service. I'm not sure what the problem is, but we need to discuss this matter as soon as possible.Are you free for a
call tomorrow morning?And if so,what number works?
Kindest regards,
1
Agenda Item #5.C.
06 May 2021
Page 99 of 150
Chris
Christopher Scott Badeaux
The Badeaux Law Firm, LLC
1400 Marketplace Blvd., Suite 112
Cumming, Georgia 30041
1.404.919.3139 (o)
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2
Agenda Item #5.C.
06 May 2021
Page 100 of 150
LiLvj0
iii:
CITY OF ATLANTIC BEACH
j 800 SEMINOLE ROAD
J ATLANTIC BEACH, FL 32233
904)247-5800
1.4-
tail 0>
SENT BY US MAIL AND VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
7018 2290 0001 0116 8411
Posted on Property and City Hall
January 23, 2020
Mr. David Reed
10898 Bridges Rd.
Jacksonville, Florida, 32218
Re: 812 Ocean Blvd.
Atlantic Beach, Florida, 32233
Real Estate No. 170335 0000
Mr. Reed,
You were notified, by Certified Mail, dated January 17, 2018, (two years ago)that all permits for the referenced
project were no longer valid, due to inactivity,per Florida Building Code (FBC-B), Section 105.4.1. The
original building permit was issued in 2013.
This letter notifies you that the City has the authority to require the removal of all work commenced on the site,
including the uncompleted residential structure,per FBC-B, Section 105.4.1.2, and that the City may consider
that option if new building permits are not obtained and work does not commence.
Please submit a new permit application by Feb. 7, 2020.
It is our goal to keep our neighborhoods looking well maintained while protecting property values and your
prompt attention and cooperation in this matter will be greatly appreciated. Please contact me, if you have
any questions, wish to obtain applications for any new building permits, or need additional information.
Sincerely,
4%cue)A
Dan Arlington, CBO
Building Official
City of Atlantic Beach
904)247-5813
darlingtongcoab.us
cc: City Manager
1
Agenda Item #5.C.
06 May 2021
Page 101 of 150
r
y'',Jr CITY OF ATLANTIC BEACH
SIS 800 SEMINOLE ROAD
1 ` F- sil ATLANTIC BEACH,FL 32233
Y r
PHONE( 247-5800
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904)
CERTIFIED RETURN RECEIPT REQUESTED0j31,
7016 0910 0001 6799 4448
12/29/2020
REED DAVID E SENT VIA CERTIFIED
10898 BRIDGES RD AND REGULAR USPS MAIL
JACKSONVILLE, FL 32218
Real Estate Number: 170335 0000 Case Number: 20-161
Location of Violation: 812 OCEAN BLVD, 15-60 16-2S-29E .40, PARK TERRACE A S/D PT, LOT
1 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 812 OCEAN BLVD was conducted on 12/29/2020. The City of
Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic
Beach Code of Ordinances:
NATURE OF VIOLATION: All construction permits for this property have expired and no permitted
construction activities have been performed in over two years. Per section 12-1 (b) (13) of the City of
Atlantic Beach municipal code referenced below,this constitutes a nuisance.
VIOLATION CODE: Sec. 12-1.Nuisances
b)It is hereby declared to be 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:
13) For any person to allow a building or structure to be partially demolished or partially
constructed, and to then allow such condition to exist,without any demolition or construction
activity,for a period of six(6)months.
a. The owner of any such property may request an extension of a city-issued demolition
or building permit from the building official. The decision of the building official
may be appealed to the city commission by written request within twenty(20)days of
the decision.
Agenda Item #5.C.
06 May 2021
Page 102 of 150
b. When any demolition project is completed according to a city-issued permit which
results in partially demolished buildings or structures remaining,then in that event the
owner must commence construction/rebuilding activities within six(6)months of
completion of the demolition.
c. Any partially demolished or partially constructed building or structure that remains
for six(6)months without any activity(activity shall mean passing at least one city
construction inspection)is hereby deemed to be an eyesore, creating a situation or
condition that adversely affects the aesthetic appeal of the city, and shall therefore
constitute a nuisance subject to the requirements of this chapter. Any action taken by
the city pursuant to this chapter against any such property shall be for the purpose of
protecting the appearance and public health of the city.
This letter requests that the noted violation(s) be corrected by obtaining valid permits to complete
the construction of the property within thirty(30) days of the receipt of this notice.
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 or airizarry@coab.us if you have any questions or need additional
information.
I, Picy LCA. 12Q i it hereby swear and affirm that the above statement is true
and accurate.
S' re'lny,
Angela Iri
CODE ENFORCEMENT
cc: Christopher Scott Badeaux
The Badeaux Law Firm, LLC
1400 Marketplace Blvd., Suite 112
Cumming, Georgia 30041.
Certified mail: 7016 0910 0001 6799 4455
Posted at 812 Ocean Blvd and City of Atlantic Beach City Hall
Agenda Item #5.C.
06 May 2021
Page 103 of 150
ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
Complete items 1,2,and 3. A. Sigre
Print your name and address on the reverse X . ' -- c.,111 r Agent
so that we can return the card to you.0 Addresser
Attach this card to the back of the mailpiece,B. Received by(Printed Name) C. Date of Deliver
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
n If YES,enter delivery address below: 0 No
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d Mail 0 Signature Confirmation
7 016 0 910 0001 6799 4448 d Mail Restricted Delivery Restricted Delivery
5500)
PS Form 3811.July 2015 PSN 7530-02-000-9053 Domestic Return Receiot Agenda Item #5.C.06 May 2021Page 104 of 150
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January 2, 2021, 3:41 pm
Delivered, Left with Individual
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Agenda Item #5.C.
06 May 2021
Page 105 of 150
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Agenda Item #5.C.
06 May 2021
Page 106 of 150
USPS TRACKING#
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9590 9402 4495 8248 3533 39
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Postal Service
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CRY OF ATLANTIC BEACH
1 0 800 SEMINOLE ROAD
r
N ATLANTIC BEACH,FLORIDA 32233 Agenda Item #5.C.06 May 2021Page 107 of 150
ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
Complete items 1,2,and 3. A. Sign - re
Print your name and address on the reverse X ' /I 0 1 I q Agent
so that we can return the card to you. iv Addressee
Attach this card to the back of the mailpiece,
a Ived Pn ed71Date f Delivery
or on the front if space permits. 70 I
I. Article Addressed to: D. Is delivery address different f m item Yes
no S1 _nrl ez ---ockci ea U) If YES,enter delivery address below: No
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0 Collect on Delivery Merchandise
Artir•.la Ni imhar(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation"
7016 0910 0001 6799 4455 MailDelivery
0 Signature Confirmation
Mail Restricted Restricted Delivery
G Fnrm aR11_July 2015 PRN 7530-D2-000-9053 Domestic Return Receipt Agenda Item #5.C.06 May 2021Page 108 of 150
CODE ENFORCEMENT
g ss,
CITY OF ATLANTIC BEACH, FLORIDA
Vr
NOTICE OF HEARING
2/12/2021 Case Number: 20-161
REED DAVID E Certified Mail Return Receipt:
10898 BRIDGES RD 7013 1710 0002 1691 8281
JACKSONVILLE, FL 32218
Property Address: 812 OCEAN BLVD
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 18th,2021 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 812 OCEAN BLVD, 15-60 16-2S-29E .40, PARK TERRACE A S/D PT LOT 1 Atlantic Beach,
Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the
Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II,
Section 6-16.
International Property Maintenance Code/City Code of Ordinances
STATEMENT OF CODE ENFORCEMENT OFFICER: A construction permit was issued on
November 12, 2013 for construction of a new home on your lot. This permit and all related permits for
construction of this home have been expired since 2017 and the house sits partially constructed.
According to our records, Dan Arlington, building official, sent multiple correspondences regarding the
expired permit and construction inactivity. A final request was sent on December 29, 2020. Despite
these efforts, we have received no new applications and construction continues to be at a standstill. Per
section 12-1 (b) (13) of the City of Atlantic Beach municipal code referenced below, this constitutes a
nuisance.
VIOLATION CODE: Sec. 12-1.Nuisances
b)It is hereby declared to be 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:
13) For any person to allow a building or structure to be partially demolished or partially
constructed,and to then allow such condition to exist,without any demolition or construction
activity,for a period of six(6)months.
a. The owner of any such property may request an extension of a city-issued demolition
or building permit from the building official. The decision of the building official
may be appealed to the city commission by written request within twenty(20)days of
the decision.
Page 1 of 3
Agenda Item #5.C.
06 May 2021
Page 109 of 150
b. When any demolition project is completed according to a city-issued permit which
results in partially demolished buildings or structures remaining,then in that event the
owner must commence construction/rebuilding activities within six(6)months of
completion of the demolition.
c. Any partially demolished or partially constructed building or structure that remains
for six(6)months without any activity(activity shall mean passing at least one city
construction inspection) is hereby deemed to be an eyesore, creating a situation or
condition that adversely affects the aesthetic appeal of the city, and shall therefore
constitute a nuisance subject to the requirements of this chapter. Any action taken by
the city pursuant to this chapter against any such property shall be for the purpose of
protecting the appearance and public health of the city.
STATEMENT OF CODE ENFORCEMENT OFFICER: A construction permit was issued on
November 12, 2013 for construction of a new home on your lot. This permit and all related permits for
construction of this home have been expired since 2017 and the house sits partially constructed.
According to our records, Dan Arlington,building official, sent multiple correspondences regarding the
expired permit and construction inactivity. A final request was sent on December 29, 2020. Despite
these efforts, we have received no new applications and construction continues to be at a standstill. Per
section 12-1 (b) (13)of the City of Atlantic Beach municipal code referenced below,this constitutes a
nuisance.
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, CIY\_0,g'Ve, hereby swear and affirm that the above statement is true
and accurate.
erely,
Angela
CODE ENFORCEMENT
ATTEST:
96:0t- MItie,r
Kim Flowers,Records Clerk
Page 2 of 3
Agenda Item #5.C.
06 May 2021
Page 110 of 150
cc: Christopher Scott Badeaux
The Badeaux Law Firm, LLC
1400 Marketplace Blvd., Suite 112
Cumming, Georgia 30041.
Certified mail: 7016 0910 0001 6799 3922
U.S. Postal Service'"' U.S: Postal Service
CERTIFIED MAIL° RECEIPT CERTIFIED MAIL, RECEIPT
1;
01Domestic
Mail Only;No Insurance Coverage Provided)
Domestic Mail Only
D' tl l Information visit our website at www.usps.com
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Q 0 Adult Signature Required $ Q
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See Reverse for instructions
Page 3 of 3
Agenda Item #5.C.
06 May 2021
Page 111 of 150
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06 May 2021
Page 112 of 150
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06 May 2021
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Your item was delivered to an individual at the address at 1:34 pm on February 16, 2021 in
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JACKSONVILLE, FL 32226 A-
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06 May 2021
Page 114 of 150
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Agenda Item #5.C.
06 May 2021
Page 115 of 150
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CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner First Class and Certified Mail Return Receipt
Requested: 7019 2970 0000 9865 5091
vs.
Property Address: 812 Ocean Blvd.
Atlantic Beach, FL 32233
David Reed
10898 Bridges Road
Jacksonville, FL 32218
Respondent.
CASE NUMBER: 20-161
REAL ESTATE NUMBER: 170335-0000
LEGAL DESCRIPTION: 15-60 16-25-29E 40, PARK TERRACE A s/D PT,LOT 1,ATLANTIC BEACH,FL
ORDER ON CASE NO.20-161
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on March 18,
2021, 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 812 Ocean Blvd., Atlantic Beach, Florida.
2. Notice of the hearing was sent by Certified Mail citing violation of Section 12-1
Nuisances of the Code of Atlantic Beach.
3. Respondent appeared at the hearing held March 18, 2021 and his counsel, Christopher
Badeaux appeared telephonically.
4. Respondent and his counsel have a long history of correspondence with the City of
Atlantic Beach concerning permits for the project located at 812 Ocean Blvd., Atlantic
Beach, FL. The original building permits were issued in 2013. Since that time the
permits have expired and inspections have failed due to lack of 6-month inspections.
5. The Respondent cited several matters for the delays including COVID, changes in the
Building Codes and time delays with his architect and engineers.
6. The City recommended that the Respondent be given 30 days to submit current date
stamped house plans to the Building Department.
7. The Respondent stated he could comply on or before the 30 days and agreed to meet
with the City before any fines would be imposed.
CONCLUSIONS OF LAW
Agenda Item #5.C.
06 May 2021
Page 122 of 150
8. The Respondent remains in violation of the Nuisances Code Sectionl2-1, but has
agreed to submit new plans to obtain the proper permits and meet with the City of
Atlantic Beach in order to come into compliance.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority
granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach,
Florida it is Ordered:
THAT the Respondent shall submit current date stamped plans to the City of Atlantic Beach
Building Department within 30 days of the date of this Order. The Respondent agrees to meet with
the City of Atlantic Beach to discuss and obtain the necessary permits. This matter shall be
scheduled for the next code enforcement hearing set for May 6, 2021, for the purpose of
determining if current plans have been submitted and if permits will be issued before any fines will
be imposed.
DONE AND ORDERED THIS 26TH DAY OF MARCH, 2021.
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENF RCEMENT SPECIAL MAGISTRATE
ATTEST:
ki1cc
Kimberly Flower, Records Clerk Suzann W. Green, Special Magistrate
Executed this 26th day of March 2021.
PLEASE NOTE:Florida Statutes § 162.11 requires that any appeal of this order must be filed in the
circuit court for Duval County within 30 days of this order's execution.
cc: Christopher Scott Badeaux
The Badeaux Law Firm, LLC 7019 2970 0000 9865 5091
v in E» m.» n
1400 Marketplace Blvd., Suite 112 m w w o ° C) c
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Cumming, Georgia 30041 3 a C° d g'N o: a z 3 a m •in
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Agenda Item #5.C.
06 May 2021
Page 123 of 150
S'.,..tv ''
t._ . CODE ENFORCEMENT
s. CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
aril)`'
4/9/2021 Case Number: 20-161
REED DAVID E Certified Mail Return Receipt:
10898 BRIDGES RD 7016 0910 0001 6799 4363
JACKSONVILLE, FL 32218
Property Address: 812 OCEAN BLVD
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 6,2021 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
812 OCEAN BLVD, 15-60 16-2S-29E .40, PARK TERRACE A S/D PT LOT 1 Atlantic Beach,
Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the
Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II,
Section 6-16.
International Property Maintenance Code/City Code of Ordinances
STATEMENT OF CODE ENFORCEMENT OFFICER: This case was brought before the Special
Magistrate for consideration on March 18, 2021. After review of the evidence of the case, the Special
Magistrate ordered that current date stamped building plans be submitted to the City of Atlantic Beach
within 30 days of the date of the order. The written magistrate order was signed on March 26, 2021. A
follow up to his case will be presented at the May 6th, 2021 hearing to report on the status of action
between the City and Mr. Reed.
VIOLATION CODE: Sec. 12-1. Nuisances
b) It is hereby declared to be 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:
13) For any person to allow a building or structure to be partially demolished or partially
constructed, and to then allow such condition to exist, without any demolition or construction
activity, for a period of six (6) months.
a. The owner of any such property may request an extension of a city-issued demolition
or building permit from the building official. The decision of the building official
may be appealed to the city commission by written request within twenty(20) days of
the decision.
b. When any demolition project is completed according to a city-issued permit which
results in partially demolished buildings or structures remaining, then in that event the
owner must commence construction/rebuilding activities within six (6)months of
completion of the demolition.
Page 1 of 2
Agenda Item #5.C.
06 May 2021
Page 124 of 150
c. Any partially demolished or partially constructed building or structure that remains
for six (6) months without any activity(activity shall mean passing at least one city
construction inspection) is hereby deemed to be an eyesore, creating a situation or
condition that adversely affects the aesthetic appeal of the city, and shall therefore
constitute a nuisance subject to the requirements of this chapter. Any action taken by
the city pursuant to this chapter against any such property shall be for the purpose of
protecting the appearance and public health of the city.
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 SQ. aiN hereby swear and affirm that the above statement is true
and accurhfe.
rel ,
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U.S. Postal
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CERTIFIED MAIL® RECEIPT
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CODE ENFORCEMENT
For delivery information,visit our website at www.usps.corn`'
IT" Certified Mail Fee
ATTEST:
Extra Services&Fees(check box,add tee as appropriate)
1 7••,45 D
Return Receipt(hardcopy) $
L 0 Return Receipt(electronic) $ Postmark
0 Certified Mail Restricted Delivery $ Here
Kim Flowers, Records Clerk in Adult Signature Required $
0 Adult Signature Restricted Delivery$
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cc: Christopher Scott Badeaux 0 Total Postage and Fees
The Badeaux Law Firm, LLC
1400 Marketplace Blvd., Suite 112 Sent • di fie
Cumming, Georgia 30041. N stye t. P
k.,Certified mail: 7016 0910 0001 6799 4370 bay, Z(-+4e
PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
7016 0910 0001 6799 4370
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Agenda Item #5.C.
06 May 2021
Page 125 of 150
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
Complete items 1,2,and 3. A. Si.•
relPrintyournameandaddressonthereversex 1r. Cfrf ^y""
so that we can return the card to you.0 Addresser
Attach this card to the back of the mailpiece,B. Received by(Printed Name) C. Date of Deliver)
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
If YES,enter delivery address below: No
DPO\N ' Rt---e-
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3. Service Type
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0 Certified Mail® Delivery
9590 9402 4495 8248 3541 83 0 Certified Mail Restricted Delivery 0 Return Receipt for
0 Collect on Delivery Merchandise
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red Mail 0 Signature Confirmation
7 16 0 91 01 679'9 4363 red Mail Restricted Delivery Restricted Delivery
II lover$500)
PS Form 3811.July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Agenda Item #5.C.06 May 2021Page 126 of 150
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06 May 2021
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Agenda Item #5.C.
06 May 2021
Page 128 of 150
Irizarry,Angela
From: David Reed <davidreedecos@gmail.com>
Sent: Wednesday, April 14, 2021 5:10 PM
To: I rizarry,Angela
Cc: Chris Badeaux
Subject: Re: 812 Ocean Blvd.
Attachments: REED BEACH HOUSE 812 OCEAN BLVD MEP SET S.pdf;ATT00001.htm
I left a detailed voice message. I wanted to provide an update:
MEP Engineer Sam Ahmad PE has provide the revised Mechanical/Electrical/Plumbing. They still have the
energy calcs in progress and they will soon be in hand.
Structural Engineering: Engineer Fromherz, PE has revisions that I am awaiting that confirm we well exceed
structural needs.
Landscape Architect is in progress with plans (contracted over a year ago). I hope to have some update this
week. This has been a challenge and these nuances were discussed in the last hearing. It is our goal to submit
this original site plan(less pool and generator pad) to resolve site issues.
We are working to have a complete package to you in time. This is difficult at this time and has been in process
for a revision. It has been expensive to simply achieve this. The below preliminary revision was $4,000 and
that is not even the expensive design work being engaged. Please understand the challenges.
David Reed
1
Agenda Item #5.C.
06 May 2021
Page 129 of 150
Irizarry,Angela
From: David Reed <davidreedecos@gmail.com>
Sent: Sunday, April 18, 2021 6:47 PM
To: I rizarry,Angela
Cc: Allan losue; Frank Fromherz
Subject: Fwd: Reed House Full Energy Report - Permit Set per 2020 Code
Attachments: REED HOUSE PERMIT ENERGY REPORT S.pdf;ATT00001.htm
Attached, please find the energy calculations to support the engineers mechanical, electrical and plumbing (submitted
prior).
The following items are needed
Engineer Fromherz structural.
landscape plan (similar to original wit deletions for pool and generator pad).
Please call when you return from vacation so we can discuss submittal to permit office.
David Reed
904-874-6607
Davidreedecos@gmail.com
Begin forwarded message:
From: Nawwaf Ahmad<nsamahmad@mepdesigneng.com>
Date:April 17, 2021 at 1:57:42 PM EDT
To: David Reed<davidreedecos@gmail.com>
Subject: Reed House Full Energy Report-Permit Set per 2020 Code
David, please find attached Energy report for the 812 Ocean Blvd. beach house.
Regards,
Sam
1
Agenda Item #5.C.
06 May 2021
Page 130 of 150
Irizarry,Angela
From: David Reed <davidreedecos@gmail.com>
Sent: Thursday, April 22, 2021 11:57 PM
To: Irizarry,Angela
Subject: Fwd: Reed House Full Energy Report- Permit Set per 2020 Code
Attachments: 13149301_FSr32_ALL_210422_Sealed.pdf;ATT00001.htm
Attached are the structural drawings.As discussed,we will forward the original site plan. It has not changed and we
remain below 50% ISR.
David Reed
904-874-6607
Davidreedecos@gmail.com
Begin forwarded message:
From:ffromherz@fromherz.com
Date:April 22, 2021 at 11:54:59 PM EDT
To: David Reed <davidreedecos@gmail.com>
Subject:RE: Reed House Full Energy Report-Permit Set per 2020 Code
David,
Here are the structural drawings. Let me know if you need additional information.
Frank
From: David Reed<davidreedecos@gmail.com>
Sent:Thursday,April 22, 2021 3:46 PM
To: Irizarry,Angela <alrizarry@coab.us>
Cc:Allan losue<iscapes@hotmail.com>; Frank Fromherz<ffromherz@fromherz.com>; Christopher
Badeaux<christopher.badeaux@badeauxlawfirm.com>
Subject: Re: Reed House Full Energy Report- Permit Set per 2020 Code
As an update, structural engineer stated plans arrive after close of business. I'll hopefully have these
tomorrow.
David Reed
904-874-6607
Davidreedecos@gmail.com
On Apr 19, 2021,at 10:26 AM, Irizarry,Angela<alrizarry@coab.us>wrote:
Mr. Reed,
1
Agenda Item #5.C.
06 May 2021
Page 131 of 150
I just left you a message at 874-6607. I'm confirming that I received two emails from
you with plan information. I forwarded them to our building permit technician for
processing.You may receive an email from either Toni or Jennifer regarding your
submission. I believe there may be some standard forms that they will need filled out to
go with your plans.
From: David Reed [mailto:davidreedecos@gmail.comd
Sent:Sunday,April 18, 2021 6:47 PM
To: Irizarry,Angela <alrizarry@coab.us>
Cc:Allan losue<iscapes@hotmail.com>; Frank Fromherz<ffromherz@fromherz.com>
Subject: Fwd: Reed House Full Energy Report-Permit Set per 2020 Code
Attached, please find the energy calculations to support the engineers mechanical,
electrical and plumbing(submitted prior).
The following items are needed
Engineer Fromherz structural.
landscape plan (similar to original wit deletions for pool and generator pad).
Please call when you return from vacation so we can discuss submittal to permit office.
David Reed
904-874-6607
Davidreedecos@gmail.com
Begin forwarded message:
From: Nawwaf Ahmad<nsamahmad@mepdesigneng.com>
Date:April 17, 2021 at 1:57:42 PM EDT
To: David Reed<davidreedecos@gmail.com>
Subject: Reed House Full Energy Report-Permit Set per 2020 Code
David, please find attached Energy report for the 812 Ocean Blvd. beach
house.
Regards,
Sam
Want to receive City of Atlantic Beach news by email?Just say so in an email to
info@coab.us. Follow the City of Atlantic Beach on Facebook
https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public
Records Law. Most written communications to or from State and Local Officials and
agencies regarding State or Local business are public records available to the public and
media upon request.Your email communications, including your email address, may
therefore be subject to public disclosure.
2
Agenda Item #5.C.
06 May 2021
Page 132 of 150
Irizarry,Angela
From: David Reed <davidreedecos@gmail.com>
Sent: Friday,April 23, 2021 1:37 PM
To: I rizarry,Angela
Cc: Allan losue
Subject: Landscape Plan
Attachments: BEACH A010.pdf; BEACH A014.pdf; 13110-LS-1.pdf; 13110-LS-2.pdf; 13110-TR-1.pdf
Please review the landscape plan. The calculations remain below 50% ISR and have not changed. The pool and the
pavers east and west of pool have also been deleted and are "not in contract for construction".
III call to verify plans are received.
David Reed
904-874-6607
1
Agenda Item #5.C.
06 May 2021
Page 133 of 150
Page 134 of 150
Case Details City of Atlantic Beach Case Number 20‐161 Printed: Monday, 03 May, 2021 1of 4 Description: Nuisance Property ‐ Construction ceased Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 12/29/2020 Closed: Last Action: 5/21/2021 Fllw Up: 2/26/2021 Site Address: 812 OCEAN BLVD ATLANTIC BEACH, FL 32233‐ Site APN: 170335 0000 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES NOV CERT Angela Irizarry 12/29/2020 12/29/2020 Sent to Mr. Reed and also a copy to his attorney CMRR RECEIVED W/SIGNATURE Angela Irizarry 1/5/2021 1/5/2021 Received green card from Mr. Reed. Per usps.com, letter was delivered on 1/2/2021. CMRR RECEIVED W/SIGNATURE Angela Irizarry 1/12/2021 1/12/2021 Received signed green card back on NOV copy sent to attorney Christopher Badeaux. Card indicates service on 1/4/2021. TELEPHONE MESSAGE Angela Irizarry 2/1/2021 2/1/2021 Received voicemail from atty Christopher Badeaux stating that he was under the understanding that things were progressing since we last spoke in October. Verified with Dan Arlington that he had not received any Agenda Item #5.C.06 May 2021
Page 135 of 150
Case Details City of Atlantic Beach Case Number 20‐161 Printed: Monday, 03 May, 2021 2of 4 updated plans from David Reed. Returned call and left message that there had been no change in the status of the property and no new permits had been sought. NOTICE OF HEARING Angela Irizarry 2/6/2021 2/12/2021 CMRR STATUS UPDATE Angela Irizarry 2/16/2021 2/16/2021 Per usps.com NOH was delivered to Mr. Reed on 2/16/2021. Per usps.com NOH was delivered to Mr. Reed's attorney on 2/16/2021. CODE ENFORCEMENT AGENDA Kim Flower 3/11/2021 3/12/2021 CODE ENFORCEMENT ORDER Kim Flower 3/30/2021 3/26/2021 3/18/2021 Hearing outcome ‐ Respondent ordered to submit stamped plans to the City within 30 days of the date of the order. SCAN & UPLOAD EXECUTED ORDERS Kim Flower 4/2/2021 3/26/2021 NOTICE OF HEARING Angela Irizarry 4/9/2021 4/9/2021 Notice of Hearing sent for 5/6/2021 hearing date. Sent notice to Mr. Reed and to Atty Badeaux. CMRR STATUS UPDATE Angela Irizarry 4/12/2021 4/12/2021 Per usps.com NOH was delivered to Mr. Reed's address on 4/12/2021 at 2:13pm MISC NOTES/ACTION Angela Irizarry 4/19/2021 4/19/2021 Received new MEP plans on 4/14/2021. Received Energy report on 4/18/2021 Forwarded all plans to building department for processing on 4/19/2021. Agenda Item #5.C.06 May 2021
Page 136 of 150
Case Details City of Atlantic Beach Case Number 20‐161 Printed: Monday, 03 May, 2021 3of 4 TELEPHONE MESSAGE Angela Irizarry 4/19/2021 4/19/2021 Left voicemail for Mr. Reed to discuss plans and case status. MISC NOTES/ACTION Angela Irizarry 4/22/2021 4/22/2021 Received structural drawings. MISC NOTES/ACTION Angela Irizarry 4/23/2021 4/23/2021 Received landscape/hardscape plans showing lot coverage. TELEPHONE CALL Angela Irizarry 4/26/2021 4/26/2021 Spoke with Mr. Reed. He is going out of the country for a wedding and cannot attend the hearing. Advised Mr. Reed that since he has been working with the city and submitting plans, the City would not be asking for a fine recommendation. CODE ENFORCEMENT AGENDA Kim Flower 4/29/2021 CODE ENFORCEMENT ORDER Kim Flower 5/18/2021 SCAN & UPLOAD EXECUTED ORDERS Angela Irizarry 5/21/2021 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER REED DAVID E 10898 BRIDGES RD JACKSONVILLE, FL 32218 Agenda Item #5.C.06 May 2021
Page 137 of 150
Case Details City of Atlantic Beach Case Number 20‐161 Printed: Monday, 03 May, 2021 4of 4 VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES Nuisance ‐ Conditions Angela Irizarry 12/29/2020 Sec. 12‐1. Nuisances (b)It is hereby declared to be 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: (13)For any person to allow a building or structure to be partially demolished or partially constructed, and to then allow such condition to exist, without any demolition or construction activity, for a period of six (6) months. a.The owner of any such property may request an extension of a city‐issued demolition or building permit from the building official. The decision of the building official may be appealed to the city commission by written request within twenty (20) days of the decision.b.When any demolition project is completed according to a city‐issued permit which results in partially demolished buildings or structures remaining, then in that event the owner must commence construction/rebuilding activities within six (6) months of completion of the demolition.c.Any partially demolished or partially constructed building or structure that remains for six (6) months without any activity (activity shall mean passing at least one city construction inspection) is hereby deemed to be an eyesore, creating a situation or condition that adversely affects the aesthetic appeal of the city, and shall therefore constitute a nuisance subject to the requirements of this chapter. Any action taken by the city pursuant to this chapter against any such property shall be for the purpose of protecting the appearance and public health of the city. Agenda Item #5.C.06 May 2021
Page 138 of 150
Agenda Item #6.A.
06 May 2021
Page 139 of 150
Agenda Item #6.A.
06 May 2021
Page 140 of 150
i' ' 'r CITY OF ATLANTIC BEACH
s
r - , ` \sf 800 SEMINOLE ROAD
iiir)
4i s)ATLANTIC BEACH,FL 32233
15-.. x PHONE (904)247-5800
1/6/2021
SOLOMON PROPERTIES INC
14255 BEACH BLVD
JACKSONVILLE, FL 32250
Real Estate Number: 170656 0000 Case Number: 21-007
Location of Violation: 695 ATLANTIC BLVD, 10-8 20-2S-29E .255, SALTAIR SEC 1, LOTS
751,752,771, W 3FT LOT 772 (EXPT RECD O/R 9430-138 PARCEL 6)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 695 ATLANTIC BLVD was conducted on 1/6/2021. 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. 17-61. -Permit required.No sign shall be installed, erected or placed prior
to issuance of a sign permit as required by this chapter, except for exempt signs as set forth in section
17-26. A sign permit shall not be issued prior to issuance of the appropriate occupational license as
required for the activity on the property for which the sign permit is sought.
NATURE OF VIOLATION: We received a business tax receipt application for AAA Overhead Door
and while reviewing the application, it was determined that an unpermitted sign has been added to the
building for the business.
This letter requests that the noted violation(s) be corrected by submit a permit application to the
City of Atlantic Beach for the AAA Overhead Door sign within ten (10) days of the receipt of this
notice. Once the sign application is received, the business tax receipt application will be processed.
Currently, AAA Overhead Doors is operating without a valid tax receipt for the City of Atlantic
Beach.
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
Agenda Item #6.A.
06 May 2021
Page 141 of 150
Enforcement at (904) 247-5855 or airizarry@coab.us if you have any questions or need additional
information.
I, qinceial--12 1 iTH hereby swear and affirm that the above statement is true
and accuie.
Sely,: ,
1 1/ attjt/)
1
Angela Iri t
CODE ENFORCEMENT
cc: AAA Overhead Doors
27 Seminole Road
Atlantic Beach, FL 32233
Agenda Item #6.A.
06 May 2021
Page 142 of 150
s CITY OF ATLANTIC BEACH
14 800 SEMINOLE ROADJ
0ATLANTIC BEACH,FL 32233T:1 vaPHONE (904) 247-5800
1~
JJ31 CERTIFIED RETURN RECIEPT
7016 0910 0001 6799 3 816
2/22/2021
SOLOMON PROPERTIES INC SENT CERTIFIED AND
14255 BEACH BLVD REGULAR USPS MAIL
JACKSONVILLE, FL 32250
Real Estate Number: 170656 0000 Case Number: 21-007
Location of Violation: 695 ATLANTIC BLVD, 10-8 20-2S-29E .255, SALTAIR SEC 1, LOTS
751,752,771, W 3FT LOT 772 (EXPT RECD O/R 9430-138 PARCEL 6) 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 695 ATLANTIC BLVD was conducted on 1/6/2021. 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. 17-61. - Permit required.No sign shall be installed, erected or placed prior
to issuance of a sign permit as required by this chapter, except for exempt signs as set forth in section
17-26. A sign permit shall not be issued prior to issuance of the appropriate occupational license as
required for the activity on the property for which the sign permit is sought.
NATURE OF VIOLATION: We received a business tax receipt application for AAA Overhead Door
and while reviewing the application, it was determined that an unpermitted sign has been added to the
building for the business.
This letter requests that the noted violation(s) be corrected by submit a permit application to the
City of Atlantic Beach for the AAA Overhead Door sign within ten (10) days of the receipt of this
notice. Once the sign application is received, the business tax receipt application will be processed.
Currently, AAA Overhead Doors is operating without a valid tax receipt for the City of Atlantic
Beach.
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
Agenda Item #6.A.
06 May 2021
Page 143 of 150
Enforcement at (904) 247-5855 or airizarry@coab.us if you have any questions or need additional
information.
I, i f\--(hereby swear and affirm that the above statement is true
and acute.
IS-iigcerely,
U/)f CL
Angela '
CODE ENFORCEMENT
cc: AAA Overhead Doors
27 Seminole Road
Atlantic Beach, FL 32233
Certified mail#7016 0910 0001 6799 3823
Agenda Item #6.A.
06 May 2021
Page 144 of 150
ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DEL;VEP'i
Complete items 1,2,and 3. A.'Signature
Print your name and address on the reverse X • . A, L1 e2®'
so that we can return the card to you. 0 Addresses
Attach this Card to the back of the mailpiece,
B. R- rived by(Printed Name) C. Date of Deliver!
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
l O m M kw,am e5
If YES,enter delivery address below: 0 No
c -..-- a\ -ID ol
IfillIt111111111111 11111 I III I I I I l 0 AdultServiceSignature Restricted Delivery
00
R gistered Mail
RestrictMail
0 Certified Mail® Delivery
9590 9402 4495 8248
3547 18 0 Certified Mail Restricted Delivery 0 Return Receipt for
Collect on Delivery Merchandise
2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature ConfirmationTI
rl“"- --.Mail 0 Signature Confirmation
7 016 0 910 0001 6799 3 816iMaii Restricted Delivery
00)
Restricted Delivery
PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Agenda Item #6.A.06 May 2021Page 145 of 150
1
St.:Ly-1--4 CODE ENFORCEMENT BOARD
ON>1 CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
F`
4/9/2021 Case Number: 21-007
SOLOMON PROPERTIES INC Certified Mail Return Receipt:
14255 BEACH BLVD 7016 0910 0001 6799 4387
JACKSONVILLE, FL 32250
Property Address: 695 ATLANTIC BLVD
ATLANTIC BEACH, FL
Dear Respondent:
The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and
exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven
citizens of Atlantic Beach who meet regularly to hear allegations of code violations.
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board
on May 6, 2021 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to
answer and be heard to the following alleged violations on the property known as 695 ATLANTIC
BLVD, 10-8 20-2S-29E .255, SALTAIR SEC 1, LOTS 751,752,771, W 3FT LOT 772 (EXPT RECD
O/R 9430-138 PARCEL 6) Atlantic Beach, Florida
International Property Maintenance Code/City Code of Ordinances
VIOLATION CODE: Sec. 17-61. -Permit required.No sign shall be installed, erected or placed prior
to issuance of a sign permit as required by this chapter, except for exempt signs as set forth in section
17-26. A sign permit shall not be issued prior to issuance of the appropriate occupational license as
required for the activity on the property for which the sign permit is sought.
STATEMENT OF CODE ENFORCEMENT OFFICER: We received a business tax receipt
application for AAA Overhead Door and while reviewing the application, it was determined that an
unpermitted sign has been added to the building for the business. To date, no sign application has been
received and the business is still operating without a valid business tax receipt.
The Code Enforcement Special Magistrate may levy fines up to $250.00 per day for the first violation
and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation
is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be
presented to the Special Magistrate even if the violation has been corrected prior to the hearing. Upon
completing the corrective action required, it is your responsibility to contact Atlantic Beach Code
Enforcement and arrange for an inspection to verify compliance at(904) 247-5855.
Page 1 of 2
Agenda Item #6.A.
06 May 2021
Page 146 of 150
You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If
you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please
contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please
note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal
should be secured at your expense.
I, Q_ a. SP\,S Si hereby swear and affirm that the above statement
i e and curate.
cAsL'mAngelaIy,
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
K
Kim Flowers, Records Clerk
U.S. Postal Service'
CERTIFIED MAIL° RECEIPT
0 .Domestic Mail Only
SFor delivery information,visit our website at www.usps.com®.
0
IT Certified Mail Fee
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Extra Services&Fees(check box,add fee as appropriate)
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Return Receipt(hardcopy) $
p Return Receipt(electronic) $
Postmark
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II Adult Signature Required $
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PPostage
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PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
Page 2 of 2
Agenda Item #6.A.
06 May 2021
Page 147 of 150
ENDER: COMPLETE THIS SECTION COI,".'LETE THIS SECTION ON DELIVERY
I Complete items 1,2,and 3. A. Signature GP' V
Print your name and address on the reverse X
Agent
so that we can return the card to you.0 A dressee
Attach this card to the back of the mailpiece,B. tteceived by( in$d ame) C. D to f Delive
or on the front if space permits. r t.al ( N. )(01Y'tt,-\ Z
1. Article Addressed to: D. Is deliver address different from Item 1? 0 Yes
5D1 O M R,1P(ORe, hQs If YES,enter delivery address below: 0 No
1•Aa s, - (tea or fev.) 1
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3. Service Type
Adult Signature
0 Priority Mail Express®
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0 Adult Signature Restricted Delivery 0 Registered Mail Restricte
0 Certified Mail® Delivery
9590 9402 4495 8248 3541 90 0 Certified Mail Restricted Delivery 0 Return Receipt for
0 Collect on Delivery Merchandise
2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature ConfirmationT"
f Mail 0 Signature Confirmation
7 016 0 910 0001 6799 4387 J Mail Restricted Delivery Restricted Delivery
500)
S Form 3811.July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Agenda Item #6.A.06 May 2021Page 148 of 150
Case Details City of Atlantic Beach Case Number 21‐007 Printed: Monday, 03 May, 2021 1of 2 Description: Unapproved Sign ‐ AAA Overhead Door Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: COMMERCIAL Opened: 1/6/2021 Closed: Last Action: 5/21/2021 Fllw Up: 4/21/2021 Site Address: 695 ATLANTIC BLVD ATLANTIC BEACH, FL 32233 Site APN: 170656 0000 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES NOV REG Angela Irizarry 1/6/2021 1/6/2021 NOV CERT Angela Irizarry 2/22/2021 2/22/2021 Sent to Solomon and AAA Overhead Doors NOTICE OF HEARING Kim Flower 3/27/2021 4/9/2021 CMRR STATUS UPDATE Angela Irizarry 4/12/2021 4/12/2021 Signed green card returned. NOH was signed for on 4/12/2021. PERMIT APPLIED FOR Angela Irizarry 4/20/2021 4/20/2021 CODE ENFORCEMENT AGENDA Kim Flower 4/29/2021 CODE ENFORCEMENT ORDER Kim Flower 5/18/2021 SCAN & UPLOAD EXECUTED ORDERS Kim Flower 5/21/2021 Agenda Item #6.A.06 May 2021
Page 149 of 150
Case Details City of Atlantic Beach Case Number 21‐007 Printed: Monday, 03 May, 2021 2of 2 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER SOLOMON PROPERTIES INC 14255 BEACH BLVD JACKSONVILLE, FL 32250 (904)703‐1250 SOLOMONSBC@AOL.COM INSPECTIONS INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI REINSPECTION AI 3/8/2021 VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES SIGNS PERMIT AND BUSINESS TAX REQUIRED Angela Irizarry 1/6/2021 SIGNS PERMIT REQUIRED Angela Irizarry 1/6/2021 Agenda Item #6.A.06 May 2021
Page 150 of 150