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:
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A it/A AA I O A -t Stbin LI< p S
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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
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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.
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