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CE 148 Magnolia Case #22-065 01 ''r' CITY OF ATLANTIC BEACH 01„).0, 800 SEMINOLE ROAD ) ATLANTIC BEACH, FL 32233 `�-.we PHONE (904) 247-5800 �J;31� 7/21/2022 MACKENZIE BRUCE W 148 MAGNOLIA ST ATLANTIC BEACH, FL 32233-4006 Real Estate Number: 170618 0000 Case Number: 22-065 Location of Violation: 148 MAGNOLIA ST, 10-8 17-1S-29E SALTAIR SEC 1 S 40FT LOT 646 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 148 MAGNOLIA ST was conducted on 7/21/2022. 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: Grass and weeds are overgrown and are in need of mowing. There is an accumulation of misc. wood and lumber, a ladder, and a work bench sitting in the front yard. VIOLATION CODE: 1. Sec. 12-1 Nuisances (b) It is hereby declared to be a nuisance, the enumerations of which are merely indications of the nature of the type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (11) For any person or business to allow vegetation other than cultivated plants, shrubs or trees to exceed a height of more than twelve(12) inches on any developed lot, or within twenty(20) feet of any occupied residential property, business property or city right of way. 2. Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. This letter requests that the noted violation(s) be corrected by mowing the lawn and removing the wood and other items from the front yard within five (5) 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, j2° ! �\7Ci,rrl , hereby swear and affirm that the above statement is true and acc. . e. I /• Angela Irizt CODE ENFORCEMENT �f�Ir. o -- CODE ENFORCEMENT CITIZEN COMPLAINT In accordance with state statutes a code inspector may not initiate enforcement proceedings for a potential violation of a duly enacted code or ordinance by way of an anonymous complaint. A person who reports a potential violation of a code or an ordinance must provide his or her name and address to the respective local government before an enforcement proceeding may occur. DATE: - J-tiLL/" aLe g)(.0 ADDRESS OF VIOLATION/COMPLAINT: I '12 111619 VO 1 cC DETAILS OF VIOLATION/COMPLAINT: A _11 a ' _ %" 1 Aaa / 8-A.Q, I 1 1/eS VI S Q \ jCit j( tt--5___19--b Cid\ A ei-7/1. tit) ds CbtQ � Lb haQ - VCS A k9 �d-- i 1 ( t, ALL 004-tom. linai }7a�s A it/A AA I O A -t Stbin LI< p S _,(D#C9 j-7CA LTIA (oin ato_ COMPLAINTANT NAME (REQUIRED): ( v1,- ' COMPLAINTANT ADDRESS (REQUIRED): ) 8,A ' naS O'At CITY OF ATLANTIC BEACH so 800 SEMINOLE ROAD ,. ATLANTIC BEACH, FL 32233 -_- x PHONE (904) 247-5800 4 i; ). 8/24/2022 MACKENZIE BRUCE W 148 MAGNOLIA ST ATLANTIC BEACH, FL 32233-4006 Real Estate Number: 170618 0000 Case Number: 22-065 Location of Violation: 148 MAGNOLIA ST, 10-8 17-1S-29E SALTAIR SEC 1 S 40FT LOT 646 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 148 MAGNOLIA ST was conducted on 8/23/2022. 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: Grass and weeds are overgrown and are in need of mowing. There is an accumulation of misc. wood and lumber, a ladder, and a work bench sitting in the front yard. APPLICABLE CODES: Sec. 12-1 Nuisances (b) It is hereby declared to be a nuisance, the enumerations of which are merely indications of the nature of the type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (11) For any person or business to allow vegetation other than cultivated plants, shrubs or trees to exceed a height of more than twelve(12) inches on any developed lot, or within twenty (20) feet of any occupied residential property, business property or city right of way. Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. This letter requests that the noted violation(s) be corrected by mowing the lawn and removing the wood and other items from the front yard within five (5) 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, v-\--OQ Vt \tV r`--( , hereby swear and affirm that the above statement is true and accurate. S' : ely, r , )(\. 1) _(,, A :ela Iriz 11 CODE ENF CEMENT r800t' �lr CITY OF ATLANTIC BEACH 1111P,,A, ;;� SEMINOLE ROAD " 0ATLANTIC BEACH, FL 32233 m0PHONE (904) 247-5800 ri;3 L'), CERTIFIED RETURN RECEIPT 7013 1710 0002 1691 8106 9/21/2022 MACKENZIE BRUCE W 148 MAGNOLIA ST ATLANTIC BEACH, FL 32233-4006 Real Estate Number: 170618 0000 Case Number: 22-065 Location of Violation: 148 MAGNOLIA ST, 10-8 17-1S-29E SALTAIR SEC 1 S 40FT LOT 646 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 148 MAGNOLIA ST was conducted on 8/23/2022 & 9/21/2022. 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: There is an accumulation of misc. wood and lumber, a ladder, and a work bench sitting in the front yard. APPLICABLE CODES: Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter,trash, debris, discarded belongings,automotive parts,old tires, construction materials, and broken and abandoned items. This letter requests that the noted violation(s) be corrected by removing the wood and other items from the front yard within five (5) 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, t . RA Z.a rr' , hereby swear and affirm that the above statement is true and accurate. L _ -.mere , , .01, „pis • gela Iri .6 CODE ENF I - EMENT T�. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature II Print Agent Print your name and address on the reverse X 0 Addressee B.so that we can return the card to you. gReceived by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, G•,��.�� or on the front if space permits. Z 1. Article Addressed to: - D. Is delivery address different from item 1? 0 Yes c732_uee cr`Qc_ kenz ►-e If YES,enter delivery address below: 0 No \q-6 cc, \o\ cZ, OE as-oUS I I I I II III 11111 I I III I I IIIIII i I I II III 3. Service Type 0 Priority Mail Express® 0 Adult Signature 0 Registered Mail'"' 0 Adult Signature Restricted Delivery 0 Registered Mail Restricted o Certified Mail® Delivery 9590 9402 5982 0062 6072 83 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation"' 2. Article Number(transfer from service label) 0 Signature Confirmation 7013 1710 0.002 1691 8106 it Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt • t CODE ENFORCEMENT CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 9/12/2022 Case Number: 22-065 MACKENZIE BRUCE W Certified Mail Return Receipt: 148 MAGNOLIA ST 7016 0910 0001 6799 3557 ATLANTIC BEACH, FL 32233-4006 Property Address: 148 MAGNOLIA ST ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on November 3, 2022 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 148 MAGNOLIA ST, 10-8 17-1 S-29E SALTAIR SEC 1 S 40FT LOT 646 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 VIOLATION CODE: Sec. 24-173.Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner,which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. STATEMENT OF CODE ENFORCEMENT OFFICER: This property was cited for an accumulation of wood and other construction items in the front yard. While the wood has been removed,the construction benches still remain in the front yard. 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. Page 1 of 2 \ _ I, '(1 e Q n‘ V t , hereby swear and affirm that the above statement is - and urate. 111 110Q. jor OP' aIri •� Code Enf.V-ment Officer, City of Atlantic Beach ATTEST: Vanessa Angers, Records Clerk Page 2 of 2 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse Xi— < t!Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, 1 B. Received b Pr ame) C. Date of Delivery or on the front if space permits. - /J at .ZZ 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: 0 No It'f--vcc IYmAcI Ni16 - I 1.116 Mtirotia SI' H-i-ictyvhc• gar i Ft- 57233. Coee 4-22-O 11111 III 111111 III I I I' I I 111111 3. Service Type 0 Priority Mail Express® 0 Adult Signature ❑Registered MaiIT" 0 Adult Signature Restricted Delivery 0 Registered Mail Restricted ri?'Certified Mail@ Delivery 9590 9402 5982 0062 6070 09 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'"' 0 Insured Mail 0 Signature Confirmation 7 016 0 910 0001 6799 3557 0 Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7013 1710 0002 1691 9509 vs. Property Address: 148 Magnolia Street Bruce Mackenzie Atlantic Beach, FL 32233 148 Magnolia Street Atlantic Beach, Fl. 32233-4006 Respondent. CASE NUMBER: 22-065 REAL ESTATE NUMBER: 170618-0000 LEGAL DESCRIPTION: 10-8 17-1S-29E SALTAIR SEC 1 S 40FT LOT 646,ATLANTIC BEACH ORDER ON CASE No. 22-065 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on November 3, 2022, 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 148 Magnolia Street, Atlantic Beach, Florida. ("The Property"). 2. Notice of the hearing was sent certified mail on September 12, 2022, for the November 3, 2022, Code Enforcement hearing. The Respondent appeared and presented sworn testimony. 3. The Respondent was cited for violation of City of Atlantic Beach Code, Section 24-173 Neighborhood preservation and property maintenance standards (b) Appropriate maintenance and upkeep. 4. The City of Atlantic Beach provided evidence that they had received several complaints about the outside work bench storage with standing wood and ladder. 5. The Respondent testified that he cleaned up the outside materials and all that remained was a work table and that he would be placing a new cover over the work table. 6. The City of Atlantic Beach stated the Respondent was originally in violation, however has now basically, come into compliance as outside tables may be stored on property. CONCLUSIONS OF LAW 7. The City of Atlantic Beach provided proper notice to the Respondent. The Respondent was in violation, but has since removed the outside materials and is in 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: A. The Respondent was in violation, but has come into compliance prior to the Code Enforcement hearing DONE AND ORDERED THIS { DAY OF NOVEMBER,2022. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: f (1) Vanessagers, Records Clerk Suzann W. Green, Special Magistrate Executed this 4 T. day of NOVEMBER, 2022. 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. 2 zt- O( _ • (Ni M5 I") M ▪ .N N d1 1 ` Mr rn CL`- N i _. I 1- N� o m— • O N Q: I O QO • C M 0. u3 O C;t =- to Ntti iii Li_ M J CIM® r1 M Iii { .t 1.- 0 LL. G. z;uw rn w et.N 0;z� s JN iv 7, m w ��..11 N '`N N' Q :; O 0-. iti re Z Let — (-1 o e: rn N ®161.1 O O o -� m „,.. MOMIIIIIIIINIMIM CI vi. rq .1 k W IIIIIINIMMEINIR r, .. Ca.) �� a t3 M iiimilmmigmm r9 CI \o iT� o , o 01121 .7t, „it) M gikN NN M M ,N N1I w , et W r-. 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