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CE 705 Atlantic Blvd. Case #20-106 0-'1Jr CITY OF ATLANTIC BEACH =s" !;...ii. 800 SEMINOLE ROAD sr ATLANTIC BEACH,FL 32233 ;- . ze PHONE (904) 247-5800 9/9/2020 SEMINOLE SOUTH LLC 2300 MARSH POINT RD#301 NEPTUNE BEACH, FL 32266 Real Estate Number: 170655 0000 Case Number: 20-106 Location of Violation: 705 ATLANTIC BLVD, 10-8 20-2S-29E .65 SALTAIR SEC 1 LOTS 744,745,746,747,748,749,750,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 705 ATLANTIC BLVD was conducted on 9/9/2020. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: VIOLATION CODE: Sec. 17-41. Removal of unsafe, damaged or poorly maintained and abandoned signs. (c) Abandoned signs. Signs shall be removed by the owner or occupant within thirty(30)days of cessation of the business or activity shall be considered to have ceased when the premises are vacated, or in the absence of a valid occupational license(business tax receipt)or active utility service account. Signs not removed in accordance with these provisions shall be considered as abandoned and shall be removed at the property owner's expense. NATURE OF VIOLATION: There are at least two abandoned signs on this property. Atlantic Beach Paint Party and Sunnyland Coin Laundry. This letter requests that the noted violation(s) be corrected by removing the abandoned signs 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 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, Is\1\O.47AC1 --D2,17 eta , hereby swear and affirm that the above statement is true and accurate. Sinc rely, gels Uis.:yec, CODE ENFORCEMENT s CITY OF ATLANTIC BEACH , i f 800 SEMINOLE ROAD s) ATLANTIC BEACH,FL 32233 PHONE (904) 247-5800 CERTIFIED RETURN RECEIPT REQUESTED 7013 1710 0002 1691 3910 11/19/2020 SEMINOLE SOUTH LLC 2300 MARSH POINT RD#301 NEPTUNE BEACH, FL 32266 Real Estate Number: 170655 0000 Case Number: 20-106 Location of Violation: 705 ATLANTIC BLVD, 10-8 20-2S-29E .65 SALTAIR SEC 1 LOTS 744,745,746,747,748,749,750,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 705 ATLANTIC BLVD was conducted on 9/9/2020 & 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: VIOLATION CODE: Sec. 17-41. Removal of unsafe,damaged or poorly maintained and abandoned signs. (c) Abandoned signs. Signs shall be removed by the owner or occupant within thirty(30)days of cessation of the business or activity shall be considered to have ceased when the premises are vacated,or in the absence of a valid occupational license(business tax receipt)or active utility service account. Signs not removed in accordance with these provisions shall be considered as abandoned and shall be removed at the property owner's expense. NATURE OF VIOLATION: There are at least two abandoned signs on this property. Atlantic Beach Paint Party and Sunnyland Coin Laundry. Sec. 17-65. -Enforcement and severability(a)Enforcement. Violations of this chapter shall result in code enforcement action pursuant to chapter 2, article V, division 2 of the city's Code of Ordinances. This is the second request. This letter requests that the noted violation(s) be corrected by removing the abandoned signs within fifteen (15)days of the receipt of this notice. Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247- 585((5 oorairizarry@coab.us if you have any questions or need additional information. I, r-"S-Ny. _ ` ara( ( , hereby swear and affirm that the above statement is true and accurate. rely, .0111111 Angela Iri ode Enfor• SENDER: COMPLE. ii-' _:;TION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Signature • • Print your name and address on the reverse X • Agent so that we can return the card to you. 0 Addressee • Attach this card to the back of the mailpiece, B. eceived by(Printed ame) C. a//e of Deliveryet or on the front if space permits. AG C 'D C✓) ..- 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No ( i : 'c 20- \O II I I III III III I I I II II I I III II i I I I III 0 dult/SSignature 0 ignature ice eRestricted Delivery 00 RegisteredMail Ex MaiPress® 9590 9402 3831 8032 5662 36 0 Certified Mail® Delivery 0 Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 0 Signature Confirmation" --- 0 Signature Confirmation 701.3 1710 0002 1.6 91 3 910 Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt 2/26/2021 USPS.com®-USPS Tracking®Results USPS Tracking® FAQs > Track Another Package + Tracking Number: 70131710000216913910 Remove X Your item was delivered to the front desk, reception area, or mail room at 11:44 am on November 28, 2020 in NEPTUNE BEACH, FL 32266. C✓ Delivered -n November 28, 2020 at 11:44 am Delivered, Front Desk/Reception/Mail Room NEPTUNE BEACH, FL 32266 Get Updates u Text & Email Updates u Tracking History n November 28, 2020, 11:44 am Delivered, Front Desk/Reception/Mail Room NEPTUNE BEACH, FL 32266 Your item was delivered to the front desk, reception area, or mail room at 11:44 am on November 28, 2020 in NEPTUNE BEACH, FL 32266. November 27, 2020 In Transit to Next Facility November 25, 2020, 12:36 am Departed USPS Regional Facility https://tools.usps.com/go/TrackConfirmAction?gtc_tLabels 1=70131710000216913910 1/2 2/26/2021 USPS.com®-USPS Tracking®Results JACKSONVILLE FL DISTRIBUTION CENTER November 23, 2020, 9:46 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information u See Less /\ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. o CD a a- a o A- FAQs https://tools.usps.com/go/TrackConfirmAction?gtc_tLabels1=70131710000216913910 2/2 UT470I01 City of Atlantic Beach 2/12/21 Account History - Combined Inquiry 11:29:01 Customer ID: 74387 Name: ATLANTIC BEACH PAINT PARTY Location ID: 7028 Addr: 703 ATLANTIC BLVD 707 Cycle/route • 03 20 Amount due .00 Initiation date . . : 4/20/17 Pending .00 Termination date . : 4/04/18 Customer/location status . : F Type options, press Enter. 5=Display Trn Trn/Due Description Trn/Pry Reference Running Opt Type Date Bill Comment Amount Date/Num Balance _ CR RFND 4/09/18 FIN. BILL CR. REFUND 74 .18 .00 _ FB BILL 4/09/18 FINAL BILL 8.20 4/14/18 74 .18- DR PMT 4/09/18 DEP RFD : FIBILL 150.00- 82.38- LC ADJ 3/29/18 LATE CHARGE 10% 6.15 3/14/18 67.62 _ BL BILL 3/07/18 CYCLE BILL 61.47 3/14/18 61.47 _ L2 PMT 2/13/18 BILL2PAY 02131899 61.47- .00 BL BILL 2/06/18 CYCLE BILL 61.47 2/14/18 61.47 L2 PMT 1/16/18 BILL2PAY 01161899 129.09- .00 More. . . F3=Exit F5=Adjustments F7=Pending F8=Charges F9=Print history F10=Change view F11=Payments F12=Cancel F24=More keys • , S j`L�.''ie, CODE ENFORCEMENT 41 441 '•iii;s CITY OF ATLANTIC BEACH, FLORIDA r s) NOTICE OF HEARING "..--01119 2/12/2021 Case Number: 20-106 SEMINOLE SOUTH LLC Certified Mail Return Receipt: 2300 MARCH POINT RD#301 7013 1710 0002 1691 3903 NEPTUNE BEACH, 32266 Property Address: 705 ATLANTIC 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 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 705 ATLANTIC BLVD 10-8 20-2S-29E .65 SALTAIR SEC 1 LOTS 744,745,746,747,748,749,750, SW1/2 ST CLOSED BY U/R BCH ORD #65-86-13. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances Sec. 17-41.Removal of unsafe,damaged or poorly maintained and abandoned signs. (c)Abandoned signs. Signs shall be removed by the owner or occupant within thirty (30) days of cessation of the business or activity shall be considered to have ceased when the premises are vacated, or in the absence of a valid occupational license (business tax receipt) or active utility service account. Signs not removed in accordance with these provisions shall be considered as abandoned and shall be removed at the property owner's expense. Sec. 17-65. -Enforcement and severability. (a)Enforcement. Violations of this chapter shall result in code enforcement action pursuant to chapter 2, article V, division 2 of the city's Code of Ordinances. STATEMENT OF CODE ENFORCEMENT OFFICER: On 9/9/2020 and 11/19/2020 notices were sent to you regarding abandoned signage at the commercial parcel located at 705 Atlantic Blvd. Atlantic Beach Paints disconnected their water service on 4/4/2018. The space formally occupied by Sunnyland Laundry is now occupied by Southern Roots Filling Station. The signage for these closed businesses has not been removed. If the violation is corrected and then recurs or if the violation was not corrected by the time specified for correction by the Code Enforcement Officer in the Notice of Violation that you received,the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. Page 1 of 2 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, fe xa \ ^-LQ,f ,hereby swear and affirm that the above statement is true and accurate. I 1 \ Angela krry Code Enforcement Officer, City of Atlantic Beach ATTEST: 6514hb Cret51Ver Kim Flowers, Records Clerk 7013 1710 0002 1691 3903 N a g� g ° m v7 m oam 3 Co ma m§ fp z . g 3D3 2. - a .p Ro m m �' ..; � ,2 mm n O io , c 3 a y s 3 T y _ md m,� �m T m o m N N nm d� m m m O � (n 11111ff ! m cin ° m cbN (Q s w ! o Page 2 of 2 0 a 0 e, +ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Sign A • Print your name and address on the reverse X j` f 0 Agent so that we can return the card to you. ���``��'""" 0 Addresses • Attach this card to the back of the mailpiece, B. Rereed by(Printed Name) C. D-te of eliven or on the front if space permits. f-�t;�9-ei 61n Z`i -4%1 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: ©1Vo S eY111(,.no 1c Sac,, LLC CE - 20 - 10C,c) V 111 11111 111111111 IIIIIII III I IIII II III I I I 3. Service Type 0 Priority Mail Express LI Adult Signature ❑Registered MaiIT" ❑Adult Signature Restricted Delivery ❑Registered Mail Restrict ❑Certified Mail® Delivery 9590 9402 5728 0003 9150 20 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmations' '-''-isured Mail 0 Signature Confirmation , 13 1710 0 n n P 1691 3903 inured Mail Restricted Delivery Restricted Delivery ever$500) PS Form 3811.July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Irizarry,Angela From: Irizarry,Angela Sent: Friday, February 19, 2021 2:38 PM To: 'Pedro Thomas' Cc: Jean Bakkes Subject: RE: Case Number 20-106 - Notice of Hearing Attachments: Copy of Notices sent re 705 Atantic parcel.pdf Pedro, I spoke our director of planning, Amanda Askew and she will be reaching out to you regarding the Sunnyland Laundry sign. Per your request below, attached are a copy of the notices that were sent to Seminole South, LLC. From: Pedro Thomas [mailto:pthomas@skyenterprises.com] Sent:Thursday, February 18, 2021 3:39 PM To: Irizarry,Angela <alrizarry@coab.us> Cc:Jean Bakkes<jean@skyenterprises.com> Subject: Case Number 20-106- Notice of Hearing Dear Ms. Irizarry, Good afternoon. Thank you for our phone call a few minutes ago. We are looking forward to work with you and resolve this matter before the hearing on March 18, 2021. Please forward us a copy of the notices mentioned in the Notice of hearing (attached for your convenience), knowingly, September 9, 2020 and November 19, 2020. We anticipate bringing 3 (three) witnesses to testify at the hearing, should you and I not be able to resolve this. Thank you, for your time and consideration. Have a great day. V/R., 4`F >� (Office)+1-904-853-6801 I (Mobile) +1-904-844-8730 Pedro Thomas, Esq. IS Fax: +1-904-853-5404 General Counsel • pthomas a(�skyenterprises.com Sky Enterprises LLC https://skyenterprises.com/ it 2300 Marsh Point Road, Suite#301, Neptune Beach, Florida, 32266, USA 1 skyENTERPRISES •Admitted in New York and in Brazil. CONFIDENTIALITY NOTICE: Unless otherwise indicated, this email, together with any attachments, contain confidential, privileged and/or legally protected information and is intended only for the named person(s). 2 Irizarry,Angela From: Askew, Amanda Sent: Friday, February 19, 2021 3:03 PM To: pthomas@skyenterprises.com Cc: Irizarry,Angela Subject: FW: Case Number 20-106 - Notice of Hearing Attachments: 02-12-2021 - Notice of Hearing - Code Enforcement.pdf Mr. Thomas, Our code enforcement officer mentioned that you had some questions about the sign code. As indicated in the notice of hearing, the sign located at 705 Seminole Rd. (east side of property on Seminole Rd.) for the former Sunnyland Coin Laundry is considered an discontinued/abandoned. It is also considered a nonconforming sign (due to height and pole design). Google Street view Dec. 2018 yak • r • wy t, V S lX 711 saw. w}yps • 1 Per section 17-41 (c) Code of Ordinances, this sign considered abandoned sign because Sunnyland Coin Laundry is no longer in business and has not been in business for over two (2) years. "Abandoned signs. Signs shall be removed by the owner or occupant within thirty (30) days of cessation of the business or activity conducted on the property where the sign is located. A business or activity shall be considered to have ceased when the premises are vacated, or in the absence of a valid occupational license or active utility service account, Signs not removed in accordance with these provisions shall be considered as abandoned and shall be removed at the property owner's expense." It also meets the definition of a discontinued sign (17-2). "Discontinued sign: Any sign located on a property or building that is: (1) vacated; (2) no longer has a valid certificate of occupancy or business tax receipt; (3) no longer has an active utility service account; or (4) displays a blank sign for a period of one hundred eighty (180) days or longer shall be considered a discontinued sign." Even though the original sign was in compliance with our code when it was permitted, section 17-51 requires that abandoned/discontinued signs come into compliance when the sign is no longer in use by the business to which the sign permit was granted. In addition, a change to the display area would trigger 17-51(1)(d). Sec. 17-51. - Nonconforming signs. All signs, which were lawfully in existence and constructed or installed with properly issued sign permits as of the effective date of these amended regulations, and which are made nonconforming by the provisions herein shall be allowed to remain in accordance with the following conditions: (1) Nonconforming signs shall be made conforming with all provisions of this chapter when any of the following changes are made or circumstances exist: a. Any change to the structural supports or structural materials, including temporary relocation associated with routine maintenance of a property. b. Any change which increases the illumination. c. Any change which increases the height of a sign. d. Any change, which alters the material used for the display area or face area by more than twenty-five (25) percent. e. Any replacement required as the result of an accidental act or a weather- related act. f. Any replacement of an abandoned sign or discontinued sign. g. Any change necessary for compliance with Florida Building Code requirements. 2 h. When the total cost of alteration, expansion or renovation of a structure or building at a location where any non-conforming signs are located within the boundaries of the development parcel is equal to or exceeds twenty-five (25) percent of the current assessed value of the parcel improvements, or when the total square footage of a structure is expanded by more than twenty-five (25) percent within a two-year time frame or when any cumulative expansions total more than twenty-five (25) percent within a two-year time frame. Construction costs shall be determined in accordance with the building evaluation data sheet as established by the International Code Council. (2) The provisions of this section shall not be construed to apply to signs that are abandoned, discontinued, deteriorated, dilapidated, or in a general state of disrepair, or which are determined to create a hazard to public safety. Such signs shall be subject to the provisions of section 17-41. Section 17-42 (16) also prohibits discontinued and abandoned signs. Below is a link to the sign code. It is found in Chapter 17 of our code of ordinances. The allowable freestanding sign regulations can be found in section 17-29. Please let me know if you have any questions. https://library.municode.com/fl/atlantic beach/codes/code of ordinances?nodeld=PTIICOOR CH17SIADST Amanda L. Askew, AICP Director of Planning and Community Development 800 Seminole Road Atlantic Beach, FL 32266 904-247-5841 From: Irizarry,Angela Sent: Friday, February 19, 2021 2:31 PM To: Askew, Amanda Subject: FW: Case Number 20-106- Notice of Hearing From: Pedro Thomas [mailto:pthomas@skyenterprises.com] Sent:Thursday, February 18, 2021 3:39 PM 3 To: Irizarry,Angela <alrizarry@coab.us> Cc:Jean Bakkes<jean@skventerprises.com> Subject: Case Number 20-106-Notice of Hearing Dear Ms. Irizarry, Good afternoon. Thank you for our phone call a few minutes ago. We are looking forward to work with you and resolve this matter before the hearing on March 18, 2021. Please forward us a copy of the notices mentioned in the Notice of hearing (attached for your convenience), knowingly, September 9, 2020 and November 19, 2020. We anticipate bringing 3 (three) witnesses to testify at the hearing, should you and I not be able to resolve this. Thank you, for your time and consideration. Have a great day. V/R., (Office) +1-904-853-6801 I (Mobile) +1-904-844-8730 Pedro Thomas, Esq. Fax: +1-904-853-5404 General Counsel • pthomas@skventerprises.com Sky Enterprises LLC https://skyenterprises.com/ 2300 Marsh Point Road, Suite#301, Neptune Beach, Florida, 32266, USA skyENTERPRISESIrl *Admitted in New York and in Brazil. * CONFIDENTIALITY NOTICE: Unless otherwise indicated, this email, together with any attachments, contain confidential, privileged and/or legally protected information and is intended only for the named person(s). 4 Irizarry,Angela From: Irizarry,Angela Sent: Monday, March 1, 2021 9:50 AM To: 'Pedro Thomas';Askew,Amanda Cc: Flower, Kimberly M.; Durden, Brenna Subject: RE: Second Public Records Request- Case 20-106 Your request for a continuance has been granted. You will be issued a new notice of hearing for the next regularly scheduled meeting that will take place in May, 2021. From: Pedro Thomas [mailto:pthomas@skyenterprises.com] Sent: Monday, March 1, 2021 9:47 AM To:Askew,Amanda <aaskew@coab.us> Cc: Irizarry,Angela<alrizarry@coab.us>; Flower, Kimberly M.<kflower@coab.us>; Durden, Brenna <bdurden@coab.us> Subject: Re: Second Public Records Request-Case 20-106 Dear All, Good morning. We reviewed the code of ordinance and found no prohibition of continuing an enforcement hearing. The code seems to be silent on the subject. Thus, we, respectfully, believe our request should be granted to allow for a meaningful preparation after we receive all requested documents. Please let us know if we can agree with the continuance of the hearing at your earliest convenience. Thank you. V/R., % (Office)+1 (904)853-6801 I (Mobile)+1 (904)844-8730 Pedro Thomas, Esq. III Fax: +1 (904)853-5404 General Counsel • pthomasCa�skyenterprises.com Sky Enterprises LLC fiet https://skyenterprises.com/ 2300 Marsh Point Road, Suite 301, 1r Neptune Beach, Florida,32266, USA skyENTERPRISES Admitted in New York and in Brazil. * CONFIDENTIALITY NOTICE: Unless otherwise indicated, this email, together with any attachments, contain confidential, privileged and/or legally protected information and is intended only for the named person(s). On Fri, Feb 26, 2021 at 4:59 PM Askew, Amanda<aaskew@coab.us>wrote: Good afternoon Pedro, i We are looking into your request. Because it has been advertised/noticed we can not just pull it from the agenda. We don't anticipate a problem with your extension however procedurally we need to make sure we do it correctly. We will follow up with you on Monday regarding the steps. Have a great weekend. Get Outlook for iOS<https://aka.ms/o0ukef> From: Pedro Thomas <pthomas@skyenterprises.com> Sent: Friday, February 26, 2021 10:19:14 AM To: Irizarry,Angela<aIrizarry@coab.us> Cc: Askew, Amanda<aaskew@coab.us>; Flower, Kimberly M. <kflower@coab.us>; Jean Bakkes <jean@skyenterprises.com>; Durden, Brenna<bdurden@coab.us> Subject: Re: Second Public Records Request- Case 20-106 Dear Angela, Amanda and Brenna, Good morning. We are following up with our request to continue the hearing to allow for our preparation after we receive records from COAB. Thank you. V/R., Pedro Thomas, Esq. General Counsel Sky Enterprises LLC [https://skyenterprises.com/wp-content/uploads/2020/08/phone-icon-24x24-1.png] (Office) +1 (904) 853-6801 <tel:+1-904-853-6801> I (Mobile)+1 (904) 844-8730<tel:+1-904-844-8730> [https://skyenterprises.com/wp-content/uploads/2020/08/fax-icon-24x24-1.png] Fax: +1 (904) 853-5404<tel:+1.904.853.5404> [https://skyenterprises.com/wp-content/uploads/2020/08/email-icon-24x24-l.png] pthomas@skyenterprises.com<mailto:pthomas@skyenterprises.com> [https://skyenterprises.com/wp-content/uploads/2020/08/website-icon-24x24-l.png] https://skyenterprises.com/ [https://skyenterprises.com/wp-content/uploads/2020/08/address-icon-24x24-1.png] 2300 Marsh Point Road, Suite 301, Neptune Beach, Florida, 32266, USA 2 �� .C� at Le -� � � c9Q9 � _ Irizarry,Angela -CS1'� fit: co o, -�-c�� C ` U& ' From: Irizarry,Angela Sent: Tuesday, February 23, 2021 4:12 PM To: 'Pedro Thomas'; Askew, Amanda;Jean Bakkes Subject: RE: Case No.: 20-106 Good afternoon, I will forward your request to the City Clerks office so that she can process a records request for you. At any point in time, the property can be brought into compliance with code and it will be reported to the Special Magistrate that you have obtained compliance. From: Pedro Thomas [mailto:pthomas@skyenterprises.com] Sent:Tuesday, February 23, 2021 4:08 PM To: Irizarry,Angela <alrizarry@coab.us>; Askew, Amanda <aaskew@coab.us>;Jean Bakkes<jean@skyenterprises.com> Subject: Case No.: 20-106 Dear Ms. Irizarry, Good afternoon. We hope this email finds you and everyone at the COAB doing well and healthy. Could you please provide us with the following: 1) a complete copy of the file pertaining to 705 Atlantic Blvd., Atlantic Beach, FL 32233, in connection with the Notice of Hearing. 2) copies of any and all documents, notes, annotations, records, emails, correspondence, and meeting minutes, prepared by Mr. Shane Corbin in connection with the above mentioned property, including conversations with the property owners and its representatives. 3) proof of delivery of the September and November notices. The September notice does not have tracking number nor any proof of delivery. The November notice was delivered to someone that is not readily identifiable. Kindly note that the "greencard" shows a combination of numbers and letters that is unknown to our company. 4) confirmation that the COAB is scheduling enough time for our witnesses to be heard 5) confirmation that Mr. Shane Corbin will be attending the hearing, as we would like to have him testifying in the matter. If possible, we would like to have the records well in advance of the hearing, in order to fully assess the matter. Ms. Irizarry, we would like to discuss any possible alternative to resolve this matter as soon as possible. If you have any questions, please contact us. Thank you. V/R., L (Office) +1 (904)853-6801 ( (Mobile) +1 (904)844-8730 Pedro Thomas, Esq. is Fax: +1 (904)853-5404 General Counsel S pthomas@skyenterprises.com Sky Enterprises LLC https://skyenterprises.com/ it 2300 Marsh Point Road, Suite 301, Neptune Beach, Florida, 32266, USA skyENTERPR/SES Admitted in New York and in Brazil. CONFIDENTIALITY NOTICE: Unless otherwise indicated, this email, together with any attachments, contain confidential, privileged and/or legally protected information and is intended only for the named person(s). 2 Tec cds - ,;uSk‘ C\-\- c .(7 cf1 /&&j) Ic;), Irizarry,Angela From: Pedro Thomas <pthomas@skyenterprises.com> Sent: Wednesday, February 24, 2021 3:30 PM To: Askew, Amanda; Irizarry,Angela; Flower, Kimberly M.;Jean Bakkes Cc: Durden, Brenna Subject: Second Public Records Request - Case 20-106 Dear Amanda, Angela, and Brenna. Good afternoon. We hope this email finds you all doing well. In order to be able to prepare for the hearing scheduled for March 18, 2021, could the COAB please provide us with copies of the documents listed below? 1. Any and all permits and related documents pertaining to the sign located at the east side of the property at 705 Atlantic Blvd. 2. A list of all signs that the City of Atlantic Beach inspected after the amendment to the code of ordinances went into effect in 2020. 2.1. A report containing which action or recommendation the COAB is pursuing in connection with such signs. 2.2. For any non-conforming signs, please provide us with copies of all notices sent to property owners regarding such. 3. A list of all signs that the City of Atlantic Beach inspected before the amendment to the code of ordinances went into effect in 2020 in the last 5 years. 3.1. A report containing which action or recommendation the COAB is pursuing in connection with such signs. 3.2. For any non-conforming signs, please provide us with copies of all notices sent to property owners regarding such. 4. A copy of the special magistrate's appointment and hearing that voted for his appointment. Considering that the documents that will be produced to us will have a significant impact on what our defense and course action may be, could we please agree on a contini Ice of the nearing? We would like to have sufficient time to review all documents, possibly consult with experts and hear all possible witnesses before the hearing, in order to be able to have a meaningful preparation. Our request is predicated upon the 14th Amendment to the U.S. Constitution. If you have any questions, please contact us. Thank you. V/R., r (Office)+1 (904) 853-6801 I (Mobile) +1 (904)844-8730 Fax: +1 (904)853-5404 Pedro Thomas, Esq. General Counsel [ pthomasskyenterprises.com Sky Enterprises LLC https://skyenterprises.com/ C 2300 Marsh Point Road, Suite 301, Neptune Beach, Florida, 32266, USA *Admitted in New York and in Brazil. * CONFIDENTIALITY NOTICE: Unless otherwise indicated, this email, together with any attachments, contain confidential, privileged and/or legally protected information and is intended only for the named person(s). 2 Irizarry,Angela From: Pedro Thomas <pthomas@skyenterprises.com> Sent: Wednesday, March 10, 2021 2:45 PM To: Irizarry,Angela; Flower, Kimberly M.; Durden, Brenna;Jean Bakkes Subject: Seminole South - Additional FOIA Request Dear Ms. Irizarry, Good afternoon. I hope this email finds you well. We would like to make an additional FOIA request for the following records: 1. Copies of any and all complaints and grievances against the City of Atlantic Beach, made via email, regular mail, or any other communication method, in connection with permits and inspections in the last 3 years; 2. Copies of any and all complaints and grievances against Mr. Shane Corbin, made via email, regular mail, or any other communication method, in connection with permits and inspections in the last 3 years; We wish you all a great afternoon. Thank you. V/R., (Office) +1 (904) 853-6801 I (Mobile) +1 (904)844-8730 Fax: +1 (904) 853-5404 Pedro Thomas, Esq. _ General Counsel [ pthomas@skyenterprises.com Sky Enterprises LLC https://skyenterprises.com/ 5 2300 Marsh Point Road, Suite 301, Neptune Beach, Florida, 32266, USA X - *Admitted in New York and in Brazil. CONFIDENTIALITY NOTICE: Unless otherwise indicated, this email, together with any attachments, contain confidential, privileged and/or legally protected information and is intended only for the named person(s). �s sz 40 c19�v.e3+ z� P ear Ci \L \CI ec\ \--A ok-oeg-- 26-2021 JustFOIA 1. Copies of any and all complaints and grievances against the City of Atlantic Beach, made via email, regular mail, or any other communication method, in connection with permits and inspections in the last 3 years, in regards to the building and zoning department; 2. Copies of any and all complaints and grievances against Mr. Shane Corbin, made via email, regular mail, or any other communication method, in connection with permits and inspections in the last 3 years in regards to the building and zoning department. 3. Copies of any and all complaints and grievances made to any city Commissioner, via email, regular mail,public meetings or any other communication method, in connection with permits and inspections in the last 3 years in regards to the building and zoning department. Date Subject March 10, 2021 Request submitted. March 12, 2021 P. Thomas email list of search terms and request details. March 19, 2021 Request Invoice Paid. May 18, 2021 Provided link to access emails; 1553 emails provided. June 7, 2021 Uploaded 1276 emails to link; requester notified. June 10, 2021 Uploaded 2015 emails to link; requester notified. June 18, 2021 Request complete. Requester received 6,752 total emails. ' ii: °'s t`11rf CODE ENFORCEMENT o 1� CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 41)131.9;' 6/3/2021 Case Number: 20-106 SEMINOLE SOUTH LLC Certified Mail Return Receipt: 2300 MARCH POINT RD#301 7013 1710 0002 1691 0858 NEPTUNE BEACH, 32266 Property Address: 705 ATLANTIC 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 July 8,2021 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 705 ATLANTIC BLVD 10-8 20-2S-29E .65 SALTAIR SEC 1 LOTS 744,745,746,747,748,749,750, SW1/2 ST CLOSED BY U/R BCH ORD #65-86-13. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances Sec. 17-41.Removal of unsafe,damaged or poorly maintained and abandoned signs.(c)Abandoned signs. Signs shall be removed by the owner or occupant within thirty (30) days of cessation of the business or activity shall be considered to have ceased when the premises are vacated, or in the absence of a valid occupational license (business tax receipt) or active utility service account. Signs not removed in accordance with these provisions shall be considered as abandoned and shall be removed at the property owner's expense. Sec. 17-65. -Enforcement and severability. (a)Enforcement.Violations of this chapter shall result in code enforcement action pursuant to chapter 2, article V, division 2 of the city's Code of Ordinances. STATEMENT OF CODE ENFORCEMENT OFFICER: On 9/9/2020 and 11/19/2020 notices were sent to you regarding abandoned signage at the commercial parcel located at 705 Atlantic Blvd. The space formally occupied by Sunnyland Laundry is now occupied by Southern Roots Filling Station.The signage for this closed businesses has not been removed. You were noticed for the Special Magistrate hearing that took place on May 6,2021. Per your request, a deferral was granted and your case was moved to the July hearing. 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 Page 1 of 2 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, ( ' oQcL�-- —ff`-f , hereby swear and affirm that the above statement is t M e andurate. I Angela Iriz. ' Code Enforcement Officer, City of Atlantic Beach ATTEST: 464^Kim Flower, Records Clerk U.S. Postal Service TM CERTIFIED MAILTM RECEIPT cu91 (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.come O r-R cr Postage $ Certified Fee ru O ReturnReceipt Fee O -. Postmark (Endorsement Required) Here Restricted Delivery Fee 0 (Endorsement Required) r- Total Postage&Fees $ rq Sent To SCrnno(� So LLC Street,Apt.No.; or PO Box No. /_ City,State,ZIP+4 L, iv�j PS Form 3800,August 2006 See Reverse for Instructions Page 2 of 2 Irizarry,Angela From: Jean Bakkes <jean@skyenterprises.com> Sent: Tuesday,June 8, 2021 10:24 PM To: Askew, Amanda Cc: Irizarry,Angela; Flower, Kimberly M.; Glasser, Ellen Subject: Re: Pedro Thomas JustFOlA Requests 17-2021, 19-2021 Dear Amanda, We started off with good intentions engaging the city manager 2+ years ago about updating the sign on our property. The city manager told 2 different people on my staff at two different times to not touch the sign. The city claims no record. I am a property owner, an ordinary citizen without a college degree and I want to improve my property. I am not a lawyer and I can't read and be familiar with all the legal terms and ordinances which are hundreds of pages. I apply very basic principles in my approach in business and life. I don't understand how the city doesn't want to work with property owners. I have now received thousands of pages of complaints under a freedom of information act made by private citizens in just the last 2 years. There are so many, the city is taking months to produce them all. I don't want to complain, I want a solution. The message I am getting from the city is we don't care, we don't like the sign, we don't care about your property rights and you need to ahead and swallow the expense of removing a sign and replacing with something we like. That is not right. The sign had been there since 1960. It pains me that y'all hide behind your ordinances,this case is different. Changing the letters on the sign really only constitutes changing less than 1 %of the sign because the letters are 1 mm thick. Do you guys really want to fight with everybody ? Isn't it exhausting ? I really think the city should take a moment and consider how ridiculous this all is, about a 3 ft by 4 ft sign that has been as it is for 61 years. 1 Give it some thought. I hate spending the money I should be investing to improve my property on lawyers fighting issues that really should not be. I am not the only one who feels that way judging by the thousands of complaints from constituents. Jean Bakkes _ C (Office)+1-904-853-6801 I (Mobile)+1-407-217-3255 Fax:+1.904-853-5404 CEO E jean@skyenterprises.com Sky Enterprises LLC Ihttps://skyenterprises.com/ C 2300 Marsh Point Road,Suite#301, Neptune Beach,Florida,32266,USA *CONFIDENTIALITY NOTICE: Unless otherwise indicated, this email, together with any attachments, contain confidential, privileged and/or legally protected information and is intended only for the named person(s). On Jun 7, 2021, at 3:49 PM, Askew, Amanda<aaskew@coab.us>wrote: Good afternoon Jean, I've attached a copy of my correspondence with Mr. Thomas. Which explains the various sections of the code that this sign violates and why you cannot change the letters. Also see responses below in blue text. From:Jean Bakkes [mailto:jean@skyenterprises.com] Sent: Monday,June 7, 2021 12:49 PM To: Irizarry,Angela Cc: Flower, Kimberly M.;Askew,Amanda Subject: Re: Pedro Thomas JustFOIA Requests 17-2021, 19-2021 Angela, I disagree with your view. Changing the vinyl letters on the sign should not require a permit and the whole issue at hand here is when we reached out to the city 2+years ago to update the sign the city manager said don't touch it. See section 17-41 (c), 17-2, 17-46, and 17-51 of the code of ordinances. Changing the sign has no structural component of any kind, what exactly would require a permit ? see section 17-51 of the code of ordinances. Why would we apply for a permit the city told us not to touch?—I have no records indicating the city has told you not to touch the sign. 2 Again counter intuitive. You guys continue to make zero sense to me on this matter and I am tired. Tired of having to argue that a city ordinance is the equivalent of a negative easement on my property or a an imminent domain takin without compensation which is prohibited by federal law. Several cases support that viewpoint. —The city feels strongly that sign code meets all state and federal requirements. I want to update the sign, have wanted to for years. The city manager says don't touch it,now after 2+yours you say pull a permit. Updating the sign would not require a permit. — I have no records indicating the city has told you not to touch the sign. What do y'all really want me to do. Just tell me straight up what you want me to do that does not reduce my property rights. The sign code requires the removal of the nonconforming sign. You are welcome to apply for a new free standing sign. Or you have the option of seeking a variance but please note staff does not feel like this property meets any of the criteria set forth in 24-65(c) and the likelihood of approval is very low. Sincerely (Office)+1-904-853-6801 I (Mobile)+1-407-217-3255 Jean Bakkes C Fax:+1.904-853-5404 CEO C jean@skyenterprises.com Sky Enterprises LLC „ C https://skyenterprises.com/ C 2300 Marsh Point Road,Suite#301, Neptune Beach,Florida,32266,USA 13*CONFIDENTIALITY NOTICE: Unless otherwise indicated, this email, together with any attachments, contain confidential, privileged and/or legally protected information and is intended only for the named person(s). On Jun 7, 2021, at 12:33 PM, Irizarry,Angela<airizarry@coab.us>wrote: Mr. Bakkes, No alternations can be made to the sign without an approved variance and permit. No permit has been issued to update the sign. You will have the opportunity to present your case to the Magistrate for consideration of an extension. 3 From:Jean Bakkes [mailto:jean@skyenterprises.com] Sent: Monday,June 7, 2021 11:38 AM To: Irizarry,Angela<alrizarry@coab.us>; Flower, Kimberly M. <kflower@ycoab.us> Subject: Re: FW: Pedro Thomas JustFOIA Requests 17-2021, 19-2021 Angela, Thank-you for your email. I am confused. We have instructions from the City Manager not to touch the sign. How can we do anything to remedy the violation in light of a direct order from the City Manager? In the alternative you want me to pay my lawyer to come and tell the magistrate that the city hasn't completed our discovery request and that we cant remedy the violation in light of a direct order from the city ? This seems like a waste of financial resources and the time of the magistrate to be frank. Are you telling us that we should go ahead and update the sign as we have tried to do for 2 years to correct the violation? I am confused. Thank-You C (Office)+1-904-853-6801 I (Mobile)+1-407-217-3255 Jean Bakkes C Fax: +1.904-853-5404 CEO [ jean@skyenterprises.com Sky Enterprises LLC https://skyenterprises.com/ 5 2300 Marsh Point Road, Suite#301, Neptune Beach, Florida,32266, USA *CONFIDENTIALITY NOTICE: Unless otherwise indicated, this email, together with any attachments, contain confidential, privileged and/or legally protected information and is intended only for the named person(s). On Mon, Jun 7, 2021 at 11:30 AM Irizarry,Angela<aIrizarry@coab.us>wrote: Mr. Bakkes, You will have the opportunity to present this information to the magistrate. You will remain on the agenda for the July meeting, as the violations still remains uncorrected. 4 From: Flower, Kimberly M. Sent: Monday,June 7, 2021 11:25 AM To: Irizarry,Angela <a lrizarry@coab.us> Cc:Jean Bakkes<jean@skyenterprises.com> Subject: FW: Pedro Thomas JustFOIA Requests 17-2021, 19-2021 From:Jean Bakkes [mailto:jean@skyenterprises.coml Sent: Monday,June 7, 2021 11:07 AM To: Flower, Kimberly M.<kflower@coab.us> Subject: Re: Pedro Thomas JustFOIA Requests 17-2021, 19-2021 Good Morning K'se •- , Hope you had a great weekend. I am writing in response to a letter received in the mail today scheduling the special magistrate hearing on the sign issue for 705 Atlantic Blvd for July 8th. As far as I am aware, our records request from the city under FOIA as part of our discovery has not been completed. Additionally it is thousands of pages as you indicated when you called be a couple of weeks ago, which has taken the city more than 3 months now to produce. There is no way that we would be able to review all these records on a records request that is not yet complete in time to prepare for a July 8th Hearing. Once the records request has been completed and we know the overall size of the number of records we would indicate the amount of time we need to review it and prepare. This is an official request for extension of the hearing date to a future date to be determined once the records outstanding from the City in regards to the case 5 have been produced. Thereafter a reasonable amount of time has to be allotted for myself to review it along with my legal counsel to be able to prepare considering the enormity of the the records. Thank-You <image001 .jpg>I(Ofce)+1-904-853-6801 I (Mobile)+1-407-217-3255 Jean Bakkes <image001 .jpg>IFax: +1.904-853-5404 CEO <image001.jpg>lean@skyenterprises.com Sky Enterprises LLC <imageOOI.jpg>https://skyenterprises.com/ <ima9 jpg enn1 >2300 Marsh NeptuneBeachPointFlorida,Road, Suite32266#U301SA, , , <image002.jpg> *CONFIDENTIALITY NOTICE: Unless otherwise indicated, this email, together with any attachments, contain confidential, privileged and/or legally protected information and is intended only for the named person(s). On Wed, May 19, 2021 at 10:58 AM Flower, Kimberly M. <kflower(a,coab.us> wrote: Good Morning, The two prior closed JustFOIA records requests can be accessed on the City of Atlantic Beach portal by searching the record archives. Go to Coab.us, Government, City Clerk, Public Records, Public Records Request Portal and Forms, Search Archive, and enter the request number 17-2021 and 19-2021 (search each one separately) select search and click on the request number that will be displayed. Please contact me if additional information is required. Thank you and have a wonderful day. 6 Kimberly M. Flower Records Clerk City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 O:(904) 247-5810 F: (904) 247-5846 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: Diaz, Lori Sent: Wednesday, May 19, 2021 10:13 AM To: Flower, Kimberly M. <kflower@coab.us> Subject: RE: Pedro Thomas Requests Hi, The two prior closed requests can be viewed on the COAB Public Records Portal by searching the archive for 17-2021 and 19-2021. Lori Diaz, Deputy City Clerk City of Atlantic Beach, FL 7 (904)247-5821 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. 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. 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. <mime-attachment> 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. <FW_Case Number 20-106 -Notice of Hearing.pdf> 8 Irizarry,Angela From: Corbin, Shane Sent: Wednesday, March 3, 2021 4:22 PM To: Askew, Amanda; Irizarry,Angela; Brenna Durden Subject: Signs Original Message From: Corbin, Shane Sent: Friday,January 10, 2020 10:00 AM To:Juan Salvat<juanpsalvat@gmail.com> Subject: RE: Southern Roots Hey Juan, I can't circumvent the code. The sign (or whatever goes in its place) can't advertise a good or service. If propose something in its place, like an image that doesn't contain your logo, I'll consider it. That's the best I can do. Talk soon, Shane Original Message From:Juan Salvat [mailto:juanpsalvat@gmail.com) Sent: Friday, January 10, 2020 8:19 AM To: Corbin, Shane<scorbin@coab.us> Subject: Southern Roots Hey Shane, Hope all is well on your end. Happy new year! Now that we had our baby and the holidays are over I wanted to touch base on a couple of things. We are finally ready to get the ball rolling with the parklet, we are working with a designer to get some drawings over to you. Second, let's talk the laundry sign. I'd like to work with you in dj dj day a solution to that, as the whole laundry thing is still confusing people. Again, I'd LOVE to use it as a coffee mug if you've given that any thought. Or basically see what my options are so I can take down the laundry sign sooner than later. I will be at the AB spot today and will be more than happy to meet if you'd like. Let me know, Cheers, Juan Salvat 305-510-3960 Original Message From: Corbin, Shane 1 Sent:Wednesday, November 20,2019 4:08 PM To:Juan Salvat<ivanpsalvat@gmail.com> Subject: RE:Southern Roots 32 Seminole Hi JP, Thank you for your participation sat. I haven't had time to send out a follow up email yet. I think it was a success considering the weather. You are welcome to apply for a variance to the sign regs. However, it would be highly unlikely that it would be successful and I hate to put you through that. You could propose some alternative to a sign that we can react to. I personally think transforming the old pole into a big public art piece would be best. Talk soon, Shane From:Walker Mason [mailto:walker@skyenterprises.com] Sent: Friday,October 05, 2018 10:44 AM To:Corbin, Shane<scorbin@coab.us> Subject: Re: Update and Zoning Question Shane, Sorry for the late response! I agree, let's get these signs in compliance as we put up the new parapet. Can we set up a meeting sometime next week for Johnston island? Thanks Walker On Mon, Sep 24, 2018 at 4:40 PM Corbin, Shane<scorbin@coab.us>wrote: Hey Walker, This would be a good time to let you know about the sign regs. Some of your tenants are way out of whack with them. I'd like to get them cleaned up and in compliance, but I've been hesitant to bother them since they've obviously been left alone for years. I think we should basically"restart" with them after you begin making the upgrades. Hard to say about Johnston Island and not sure what you're thinking. Happy to brainstorm on it with you. Talk soon, Shane Shane Corbin, AICP City Manager 800 Seminole Road 2 City of Atlantic Beach, FL 32233 (904) 247-5817 www.coab.us 3 Irizarry,Angela From: Corbin, Shane Sent: Thursday, February 18, 2021 3:48 PM To: Irizarry,Angela Subject: FW: Southern Roots 32 Seminole See below. I've been consistent with this from the beginning of my communication with both the business and the property management company. I stopped short of telling them any signs were in violation and needed to come down. Shane Original Message From: Corbin, Shane Sent: Wednesday, November 20, 2019 4:08 PM To:Juan Salvat<juanpsalvat@gmail.com> Subject: RE: Southern Roots 32 Seminole Hi JP, Thank you for your participation sat. I haven't had time to send out a follow up email yet. I think it was a success considering the weather. You are welcome to apply for a variance to the sign regs. However, it would be highly unlikely that it would be successful and I hate to put you through that. You could propose some alternative to a sign that we can react to. I personally think transforming the old pole into a big public art piece would be best. Talk soon, Shane Original Message From:Juan Salvat [mailto:juanpsalvat@gmail.com] Sent: Wednesday, November 20, 2019 2:32 PM To: Corbin, Shane <scorbin@coab.us> Subject: Re: Southern Roots 32 Seminole Hey Shane, Jp here. First of all thank you for hosting us at the event on Saturday. Rain and cold didn't stop people and overall felt rad. Reminded me of back home in Miami. I wanted to continue the conversation about the sunnyland laundry sign. I wanted to see if we can convince you to use it for southern roots(????) and/or decide what the outcome will be. Basically everyone still thinks there's a laundromat here and no one knows the best coffee shop in the country is right in their neighborhood!!! I am working on signage for the building but before I pull any triggers on that just want to make sure where we stand on the sign. 1 Thanks for your time, Jp Salvat 305-510-3960 Sent from my iPhone >On Sep 26, 2019, at 2:09 PM, Corbin, Shane<scorbin@coab.us>wrote: > Hey Juan, >Tomorrow or Tuesday works better for me. >Thanks, >Shane > Original Message > From:Juan Salvat [mailto:juanpsalvat@gmail.com] • > Sent: Thursday,September 26, 2019 1:01 PM >To: Corbin, Shane<scorbin@coab.us> >Subject: Southern Roots 32 Seminole > Hey Shane, >This is Jp from southern roots. I've been out of town through this weekend. Wanted to follow up on our last conversation in regards to the Parklet and the sign. Is next week a good time for you? Monday? >Thanks >Jp Salvat >3055103960 >Sent from my iPhone 2 /i0��1th� 2300 Marsh Point Rd, Unit#301 � �i Neptune Beach, FL 32266 SEMINOLE 1 (904)853-6801 SOUTH, LLC June 25, 2021 Via USPS Priority Mail # "70,21 0350 OcO 2t021 City of Atlantic Beach Attn.: Ms. Angela Irizary 800 Seminole Road Atlantic Beach, FL 32233 RE: Request for continuance of July 8, 2021 hearing Sign matter—705 Atlantic Blvd. Dear Ms. Irizary, In April 2021, we made multiple public records requests under The Freedom of Information Act ("FOIA") in order to adequately and meaningfully prepare for a hearing schedule by the City of Atlantic Beach ("COAB") in connection with a sign installed at 705 Atlantic Blvd., Atlantic Beach, FL. At the occasion the COAB officials informed us that the FOIA request would take a while in that it contains voluminous documents. On June 7, 2021, we exchanged emails with the COAB requesting the continuance of the hearing scheduled for July 8, 2021, in that the FOIA requests were not then completed by the COAB. To our surprise, the COAB took the position that the hearing would proceed as scheduled. We now write to, amicably, reaffirm our request for the continuance of said hearing to allow us to, meaningfully and reasonably, prepare for the administrative proceeding reasonably and meaningfully before the COAB. Without the continuance, we will simply not be able to adequately prepare for said hearing, which should include the opportunity to secure legal representation for the matter. °01%\ 2300 Marsh Point Rd, Unit#301 SM% -.� ppliP' Neptune Beach, FL 32266 SEMINOLE 1 (904)853-6801 SOUTH,LLC The 14th Amendment to the Constitution of the United States of America reads: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (Emphasis added)' The purpose of the Due Process Clause is "to apprise the affected individual of, and permit adequate preparation for, an impending hearing." Memphis Light, Gas & Water Div. v. Craft, 436 U.S. 1, 14 (1978); see also In re Ruffalo, 390 U.S.544, 552 (1968); Ex Parte Wall, 107 U.S. 265, 271 (1883); Bowman Transp., Inc. v. Arkansas-Best Freight Sys., Inc., 419 U.S. 281, 288 n.4 (1974); Goldberg, 397 U.S. at 267-78. Moreover, the hearing must be "meaningful,"Armstrong v. Manzo, 380 U.S. 545, 552 (1965), and "appropriate to the nature of the case." Mullane, 339 U.S. at 313. Finally, a one must be allowed to identify issues on which a decision will turn, the standards by which it will be judged, and to be apprised of the factual material on which the agency relies for the decision so that the party may rebut it. See Bowman Transp., Inc., 419 U.S. at 288 n.4; Ohio Bell Telephone Co. v. Public Utilities Comm'n, 301 U.S. 292 (1937); Mullane, 339 U.S. at 313 (1950); Morgan v. United States, 304 U.S. 1, 18-19 (1938). In this case, we have requested public records to be able to fully prepare for the administrative proceedings before the Special Magistrate. However, the FOIA request was only completed as recent as June 21, 2021. We have not had the opportunity to meaningful prepare for the scheduled hearing, in that we simply have not had time to review the records produced by the COAB. Thus, moving forward with the scheduled hearing will prevent us from meaningfully prepare and identify the legal issues at hand,2 resulting in a clear violation of the due process clause of the 14th Amendment. 1-See Art.I,§9,Fla.Const. 2- During administrative proceedings a violation of due process clause must be avoided.See Jones Total Health Care Pharmacy,LLC v.Drug Enf'tAdmin.,881 F.3d 823,834-35(11th Cir.2018). '00114� 2300 Marsh Point Rd, Unit#301 KNIPP%' Neptune Beach, FL 32266 S EMI N O LE 1 (904) 853-6801 SOUTH, LLC Noteworthy, as of the time of postmarking this letter, we have not been able to secure legal representation for the hearing, which should also be grounds for its continuance. WHEREFORE, we reaffirm our request for a continuance of the hearing scheduled for July 8, 2021. We ask that the COAB grants us reasonable time to review the FOIA records in its entirety. We believe 2 months to prepare to be reasonable considering that that was the time, approximately, that the COAB took to produce the records. The decisive question of due process in administrative proceedings does not strive for perfection, but the right to fair play. A hearing "must be a real one, not a sham or pretense."Palko v. Connecticut, 302 U.S. 319, 327 (1937). Should you like to discuss this matter, please contact us. Yours re e- IP. , Jean B. Bakker a - - Enclosures cc.: Office of the Honorable Mayor; Office of the City Manager;Office of the City Attorney;Office of the Special Magistrate CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7017 1000 0000 7000 3013 vs. Property Address: 705 Atlantic Blvd. Seminole South, LLC Atlantic Beach, FL 32233 2300 Marsh Point Rd. #301 Neptune Beach, FL 32266 Respondent. CASE NUMBER: 20-106 REAL ESTATE NUMBER: 170655 0000 LEGAL DESCRIPTION: 10-8 20-2S-=29E .65 SALTAIR SEC 1 LOTS 744,745,746,747,748, 740, 750, ATLANTIC BEACH, FL ORDER ON CASE No. 20-106 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on July 8, 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 705 Atlantic Blvd, Atlantic Beach, Florida. 2. Notice of the hearing was sent by Certified Mail and then the City of Atlantic Beach was contacted by original Counsel for the Respondent, Mr. Pedro Thomas. 3. The Respondent was issued a violation of Sec. 17-41 on September 9, 2020 for failing to remove unsafe, damaged or poorly maintained and abandoned signs. The City of Atlantic Beach stated old signage from two prior businesses (Atlantic Beach Paints and Sunnyland laundry) were still present. The City of Atlantic Beach stated the only remaining violation is the Sunnyland laundry sign. 4. Mr. Thomas requested three records requests to see other violations and he requested a continuance of the March hearing. However, at the July 8, 2021 hearing, the Respondent was now represented by Mr. Zach Miller who stated he is attempting to determine the definition of"abandonment" within the Code. 5. The City of Atlantic Beach agreed to meet with Respondent and his counsel within 30 days to discuss the matter. CONCLUSIONS OF LAW 6. The Respondent was provided proper notice of the violation and hearing. The City of Atlantic Beach agreed to meet with Respondent's counsel to discuss the definition of "abandonment" within the Code and its applicability to this issue. 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 meet with the City of Atlantic Beach within 30 days DONE AND ORDERED THIS 21ST DAY OF JULY, 2021. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGIS IRATE ATTEST: '941411)e, 1 ;')GY)&14/0//C/C'eA'- Kimberl M Flower, Records Clerk Suzat ne W. Green, Special Magistrate Executed this 21St day of July 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. U.S. Postal Service CERTIFIED MAIL° RECEIPT rn Domestic Mail Only m O For delivery information,visit our website at www.usps.comx. 0 O Certified Mail Fee o $ P- Extra Services&Fees(check box,add fee as appropriate) CReturn Receipt(hardcopy) $ ❑Return Receipt(electronic) $ Postmark Co 0 Certified Mail Restricted Delivery $ Here ['Adult Signature Required $ ❑Adult Signature Restricted Delivery$ O Postage $ 1-1 Total Postage and Fees 1",`-.1 Sent To .�P male S°ufih,LLC -treat and t.No.,or Pb Box No. (- City,State,Z1P+48 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 2 SENDER: COMPLETE THIS SECTION L:O ,,ETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. ature • Print your name and address on the reverse X R 0 Agent so that we can return the card to you. ��� 0 AddressE • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Deliver or on the front if space permits. 13 C -to yI • - 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No .�e Vvl iS 00(e S u ( , LLC za- IOa CE II I'IIII IIII 'I I I I I I III I VIII I I I I ❑Adulvice Type t SSignature 0 Priority Mall ignature Restricted Delivery 0 Registered Mail Restri 9590 9402 2805 7069 3553 61 0 Certified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 0 Signature Confirmation' 'cured Mail 0 Signature Confirmation 7 017 1000 0000 7000 3 013 inured Mail Restricted Delivery Restricted Delivery .ver$500) no r......QQ1 1 r.a..nn4 c r,n...-,cnn nn nnn nnen n........,.:,..n...,...,o,.....:.. USPS TRACKING# First-Class Mail 1111 111 I1111 Iilit"3 /1 Postage&Fees Paid t USPS Permit No. G-10 9590 9402 2805 7069 3553 61 United Stag •Sender: Please print your name,address,and ZIP+4®in this box• Postal Service CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD INDATLANTIC BEACH, FL 32233 h-/ Irizarry,Angela From:Irizarry,Angela Sent:Monday, July 26, 2021 5:01 PM To:Askew, Amanda Subject:Fwd: Seminole South - Order 20-106- Meeting Request Angela Irizarry Code Enforcement City of Atlantic Beach Begin forwarded message: From: <zwmillerlaw@gmail.com> Date: July 26, 2021 at 4:22:50 PM EDT To: "'Corbin, Shane'" <scorbin@coab.us>, "'Irizarry,Angela'" <aIrizarry@coab.us> Cc: "'Cyndy K. Trimmer'" <CTrimmer@drivermcafee.com>, "'Pedro Thomas - personal'" <pedro@pedrothomaslaw.com>, "'Jean Bakkes'" <jean@skyenterprises.com> Subject: RE: Seminole South - Order 20-106- Meeting Request Shane, th You as well. Hope you have plans for your time off. I can do early in the AM on Friday July 30 or th anytime in the morning on the 11. Let me know what works better for you and Angela. Zach From: Corbin, Shane <scorbin@coab.us> Sent: Monday, July 26, 2021 4:18 PM To: zwmillerlaw@gmail.com; Irizarry,Angela <aIrizarry@coab.us> Cc: 'Cyndy K. Trimmer' <CTrimmer@drivermcafee.com>; 'Pedro Thomas - personal' <pedro@pedrothomaslaw.com>; 'Jean Bakkes' <jean@skyenterprises.com> Subject: RE: Seminole South - Order 20-106- Meeting Request Hi Zach, Hope you are well too. Long time no chat. Once the official complaint was filed there was nothing I could do to change course on this one. It is now being handled through code enforcement with Angela and the Special Magistrate. However, I’m happy to participate in the conversation that helps get us to a resolution and/or you want me there. Otherwise, Angela is our point person. I will be out Aug. 4 -6 and would prefer July 30 or August 11. Thank you, Shane Corbin, AICP City Manager 1 800 Seminole Road City of Atlantic Beach, FL 32233 (904) 247-5817 www.coab.us From: zwmillerlaw@gmail.com \[mailto:zwmillerlaw@gmail.com\] Sent: Monday, July 26, 2021 2:48 PM To: Corbin, Shane <scorbin@coab.us>; Irizarry,Angela <aIrizarry@coab.us> Cc: 'Cyndy K. Trimmer' <CTrimmer@drivermcafee.com>; 'Pedro Thomas - personal' <pedro@pedrothomaslaw.com>; 'Jean Bakkes' <jean@skyenterprises.com> Subject: Seminole South - Order 20-106- Meeting Request Shane, Hope you are well. Attached is an order from the Special Magistrate regarding the sign issue at 705 Atlantic Boulevard. As provided in the order, we are supposed to meet with the City within 30 days to go over the issue of “abandonment” as that term is defined in the code. The order is dated July 21, so we have until August th 20 to meet. Here are the days and times I am unavailable: PM on July 28. July 30 PM on August 5 AM on August 6 PM on August 11 August 16 Please let me know a day and time that works. Thank you Zach Miller 904-651-8958 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 0 LAI/y--4 CODE ENFORCEMENT Itv f;\ s CITY OF ATLANTIC BEACH, FLORIDA ' V NOTICE OF HEARING .`*-1 014 c);� 8/2/2021 Case Number: 20-106 SEMINOLE SOUTH LLC Certified Mail Return Receipt: 2300 MARCH POINT RD#301 7017 0660 0000 3856 5255 NEPTUNE BEACH, 32266 Property Address: 705 ATLANTIC 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 September 2, 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 705 ATLANTIC BLVD 10-8 20-2S-29E .65 SALTAIR SEC 1 LOTS 744,745,746,747,748,749,750, SW1/2 ST CLOSED BY U/R BCH ORD #65-86-13. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances Sec. 17-41.Removal of unsafe,damaged or poorly maintained and abandoned signs.(c)Abandoned signs. Signs shall be removed by the owner or occupant within thirty (30) days of cessation of the business or activity shall be considered to have ceased when the premises are vacated, or in the absence of a valid occupational license (business tax receipt) or active utility service account. Signs not removed in accordance with these provisions shall be considered as abandoned and shall be removed at the property owner's expense. Sec. 17-65. -Enforcement and severability. (a)Enforcement.Violations of this chapter shall result in code enforcement action pursuant to chapter 2, article V, division 2 of the city's Code of Ordinances. STATEMENT OF CODE ENFORCEMENT OFFICER: On 9/9/2020 and 11/19/2020 notices were sent to you regarding abandoned signage at the commercial parcel located at 705 Atlantic Blvd. The space formally occupied by Sunnyland Laundry is now occupied by Southern Roots Filling Station. The signage for this closed businesses has not been removed. This case was heard at the July magistrate hearing and the Magistrate ordered that the parties of this case meet within 30 days. That meeting has been scheduled for August 11, 2021. This case will be heard again at the September 2nd regularly scheduled meeting to update the magistrate on the status of this case and take action as necessary. 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 Page 1 of 2 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, fe\ \-Z a(t , hereby swear and affirm that the above statement is true an ccurate 1.1)gt.)-(A-311‘jt. :3/Ln. Angela Inzarry Code Enforcement Officer, City of Atlantic Beach ATTEST: Kim Flower, Records Clerk 7017 0660 0000 3856 5255 v C m N - p mE9 n N r. C i ❑❑❑❑❑» �b m ^^ T v.. - �' c c m m i°' =. 0O 0 " . g r.- 13 SI N m m d 3 44 R a w 0 33 v T C p + y d m m v 3 9* ili Q n D w •i^ C A 7e ,!.. k m^m " di g 0 N �^ m � ss� : d Row 5. �� H� w. Dom' S' 4,, m 7) a. ''_ Q r„ y m n N m . . C% 2 N0 N O m i1 m m - ril N Page 2 of 2 ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON ■ Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse X 0 Agent /. ►�r0 Addresse so that we can return the card to you. -. • Attach this card to the back of the mailpiece, B. Rec ved by(Printed Name) c C. Date of De er or on the front if space permits. 6 15 - 1. Article Addressed to: D. Is delivery address different fro item 1? 0 Yes If YES,enter delivery address below: 0 No Cfn note_ Souitv LLC C "),D - 1 OL I I IIIIII IIII III I II IIIII 11111 III 111111 3. Service Type 0 Adult Signature 0 Priority Mail Express® 0 Registered Mail". 0 Adult Signature Restricted Delivery 0 Registered Mail Restrict 9590 9402 4495 8248 3546 64 0 Certified Mail® Delivery 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 Confirmation' ,sured Mail 0 Signature Confirmation 7 017 0660 0000 3856 5255 ured Mail Restricted Delivery Restricted Delivery er$500) S Form 3811.July 2015 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACKING# First-Class Mail L 32 Postage&Fees Paid USPS IIIIIIIIriorq4 L Permit No. G-10 9590 9402 4495 8248 3546 64 United States •Sender: Please print your name,address,and ZIP+4®in this box Postal Service 1 CITY OF ATLANTIC BEACH 0 800 SEMINOLE ROAD 0-4 a_ ATLANTIC BEACH,FLORIDA 32233 W o U t iJj iii, ,iii i„i!il�HliIii iil liIj!iiiiiii't ,iI I i� I it ri, �ti , � ,� t t�i ii I i ii)i; , USPS Tracking' FAQs > Track Another Package + Tracking Number: 70170660000038565255 Remove x Your item was delivered to an individual at the address at 10:07 am on August 5, 2021 in NEPTUNE BEACH, FL 32266. 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