725 Atlantic Blvd 2008 Handicap parking complaint CC TO:
O City Commission RECEIVED
lb_y M:La;er
City Attorney Robert W. Hammesfahr
00 Press 1611 Linkside Drive West AO 1 G 7808
o Fug Atlantic Beach, FL 32233
0 (904) 246-3578 OFFICE OF THE CITY CLERK
Date:
August 17, 2008
Code Enforcement Board
Commission Chamber
800 Seminole Road
Atlantic Beach, FL 32233
Re: Violation of Florida Building Code Section 11-4
Dear Ladies and Gentlemen of the Code Enforcement Board,
This letter is a follow up to my previous letter dated May 9, 2008.
To date, no changes have been made to the parking situation and I have not
been contacted by anyone with regards as to when it will be done.
I am sending this letter to your board for action. I am also sending it with the
previous letter to Mayor Meserve, Chief Thompson and the City Council. The
reason for the expanded distribution is due to inaction on your part. Chief
Thompson is included because this is not a matter of esthetics but of public
safety as well.
I still want two things to occur. 1. Correction of the parking situation within a
reasonable time (90 days or less). 2. Contact from a responsible person within
Atlantic Beach city government that the above is going to occur and when it will
occur. "`1
Regards /
,..4- d
,_
i 9„, .
.,_
Obert W. Hamme fa r
Copy w/enclosure:
Mayor John Meserve
Chief David Thompson
_city Commission' c rT
City Clerk, City of Atlantic Beach
Robert VV. Hammesfahr
1611 Linkside Drive West
Atlantic Beach, FL 32233
(904) 246-3578
May 9, 2008
Code Enforcement Board
Commission Chamber
800 Seminole Road
Atlantic Beach, FL 32233
Re: Violation of Florida Building Code Section 11-4
Dear Ladies and Gentlemen of the Code Enforcement Board,
My wife and I were very excited when the old Pic-N-Save was renovated into the
new shops and restaurant. When the new shops opened up we were very
impressed with the fact that the parking access for handicapped patrons was in
compliance with Florida Building Code Section 11-4.
Recently, much of our enthusiasm has changed due to what we feel is unlawful
alteration of several of the handicap'parking spaces that are located at the north
end of the parking lot, adjacent to the businesses. It appears that several of the
businesses have painted over the handicap markings and erected signage that
indicates the spaces are now short term parking for pick up.
I have taken the time to research the Florida Building Code as it pertains to
handicap parking. Section 11-4, "Accessible elements and spaces, scope and
technical requirements" is the pertinent section of the code that sets out parking
space requirements. This section also requires compliance with the code.
My wife is a paraplegic, confined to a wheelchair. We are fortunate enough to
have a handicapped equipped van that she is able to drive independently.
Because the parking lot now not properly marked she is essentially denied
access to a public place. This is in violation of the American with Disabilities Act
(ADA).
I want two things to happen. 1. Correction of the parking situation within a
reasonable time (90 days or less). 2. Contact from a responsible person within
Atlantic Beach city government that the above is going to occur and when it will
occur.
1
There has been a failure at some point in the process of ongoing monitoring the
renovated property. My interest is not in the monitoring process but in the
correction of the oversight. We have a strong personal interest in seeing this
corrected and I will follow it through until it is corrected.
If anyone has questions regarding this letter, please do not hesitate to contact
me at (904) 246-3578.
Sincerely,
Robert W. Hammesfahr
Copy:
City Clerk, City of Atlantic Beach, FL
2
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Information to give the CALLER
Issue Number: 2008-172671
Entered On: 8/25/2008 15:47:00 Est. 1st Action On: 8/26/2008 Est. Completion On: 2/9/2009
Address: 725 ATLANTIC BV
Description: Disabled - private businesses not accessible
Comments: This shopping center, North Gate has eliminated several disabled parking spaces even
though there are still open businesses at this location.
Source: General Citizenry Entered By: brestel
Caller Information
Interested Party Name: Mr. Mike Griffin
Address:
City/State I Zip: Jacksonville, FL
Home Phone: None Extension: Cell Phone Number: None
Pager Number: None Extension: Box Number: Fax Number: None
Work Number: 247-5813 Extension: E-Mail:
Contact Information
Division: Mil., Vetr. & Disb. Srvcs Contact Name: Armogon , Mala
Phone: 630-3624 Fax: 630-3422 E-Mail: marmogan@coj.net
Additional Contact Information
Division Chief: Mil., Vetr. & Disb. Srvcs Name: McCarthy,Daniel
Phone: 630-1212 Fax: 630-3422 E-Mail: danilem@coj.net
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16,4
I
Robert W. Hammesfahr
1611 Linkside Drive West
Atlantic Beach, FL 32233
(904) 246-3578
August 17, 2008
Code Enforcement Board
Commission Chamber
800 Seminole Road
Atlantic Beach, FL 32233
Re: Violation of Florida Building Code Section 11-4
Dear Ladies and Gentlemen of the Code Enforcement Board,
This letter is a follow up to my previous letter dated May 9, 2008.
To date, no changes have been made to the parking situation and I have not
been contacted by anyone with regards as to when it will be done.
I am sending this letter to your board for action. I am also sending it with the
previous letter to Mayor Meserve, Chief Thompson and the City Council. The
reason for the expanded distribution is due to inaction on your part. Chief
Thompson is included because this is not a matter of esthetics but of public
safety as well.
I still want two things to occur. 1. Correction of the parking situation within a
reasonable time (90 days or less). 2. Contact from a responsible person within
Atlantic Beach city government that the above is going to occur and when it will
occur.
Regards,
/ ` it 1
i ` � •
L - .
Robert W. Hammesfahr
Copy w/enclosure:
Mayor John Meserve •
Chief David Thompson
City Commission
City Clerk, City of Atlantic Beach
•
Robert W. Hammesfahr
1611 Linkside Drive West
Atlantic Beach, FL 32233
(904) 246-3578
May 9, 2008
Code Enforcement Board
Commission Chamber
800 Seminole Road
Atlantic Beach, FL 32233
Re: Violation of Florida Building Code Section 11-4
Dear Ladies and Gentlemen of the Code Enforcement Board,
My wife and I were very excited when the old Pic-N-Save was renovated into the
new shops and restaurant. When the new shops opened up we were very
impressed with the fact that the parking access for handicapped patrons was in
compliance with Florida Building Code Section 11-4.
Recently, much of our enthusiasm has changed due to what we feel is unlawful
alteration of several of the handicap parking spaces that are located at the north
end of the parking lot, adjacent to the businesses. It appears that several of the
businesses have painted over the handicap markings and erected signage that
indicates the spaces are now short term parking for pick up.
I have taken the time to research the Florida Building Code as it pertains to
handicap parking. Section 11-4, "Accessible elements and spaces, scope and
technical requirements" is the pertinent section of the code that sets out parking
space requirements. This section also requires compliance with the code.
My wife is a paraplegic, confined to a wheelchair. We are fortunate enough to
have a handicapped equipped van that she is able to drive independently.
Because the parking lot now not properly marked she is essentially denied
access to a public place. This is in violation of the American with Disabilities Act
(ADA).
I want two things to happen. 1. Correction of the parking situation within a
reasonable time (90 days or less). 2. Contact from a responsible person within
Atlantic Beach city government that the above is going to occur and when it will
occur.
1
There has been a failure at some point in the process of ongoing monitoring the
renovated property. My interest is not in the monitoring process but in the
correction of the oversight. We have a strong personal interest in seeing this
corrected and I will follow it through until it is corrected.
If anyone has questions regarding this letter, please do not hesitate to contact
me at (904) 246-3578.
Sincerely,
Robert W. Hammesfahr
Copy:
City Clerk, City of Atlantic Beach, FL
2
C30 - i9-10
Robert W. Hammesfahr
1611 Linkside Drive West
Atlantic Beach, FL 32233
(904) 246-3578
August 17, 2008
Code Enforcement Board
Commission Chamber
800 Seminole Road
Atlantic Beach, FL 32233
Re: Violation of Florida Building Code Section 11-4
Dear Ladies and Gentlemen of the Code Enforcement Board,
This letter is a follow up to my previous letter dated May 9, 2008.
To date, no changes have been made to the parking situation and I have not
been contacted by anyone with regards as to when it will be done.
I am sending this letter to your board for action. I am also sending it with the
previous letter to Mayor Meserve, Chief Thompson and the City Council. The
reason for the expanded distribution is due to inaction on your part. Chief
Thompson is included because this is not a matter of esthetics but of public
safety as well.
I still want two things to occur. 1 . Correction of the parking situation within a
reasonable time (90 days or less). 2. Contact from a responsible person within
Atlantic Beach city government that the above is going to occur and when it will
occur.
Regards,
•
kobert W. Hammesfahr
Copy w/enclosure:
!\.1 y^r Inhn Macania
Chief David Thompson
City Commission
City Clerk, City of Atlantic Beach
COPY
.
Robert W. Hammesfahr
1611 Linkside Drive West
Atlantic Beach, FL 32233
(904) 246-3578
May 9, 2008
Code Enforcement Board
Commission Chamber
800 Seminole Road
Atlantic Beach, FL 32233
Re: Violation of Florida Building Code Section 11-4
Dear Ladies and Gentlemen of the Code Enforcement Board,
My wife and I were very excited when the old Pic-N-Save was renovated into the
new shops and restaurant. When the new shops opened up we were very
impressed with the fact that the parking access for handicapped patrons was in
compliance with Florida Building Code Section 11-4.
Recently, much of our enthusiasm has changed due to what we feel is unlawful
alteration of several of the handicap parking spaces that are located at the north
end of the parking lot, adjacent to the businesses. It appears that several of the
businesses have painted over the handicap markings and erected signage that
indicates the spaces are now short term parking for pick up.
I have taken the time to research the Florida Building Code as it pertains to
handicap parking. Section 11-4, "Accessible elements and spaces, scope and
technical requirements" is the pertinent section of the code that sets out parking
space requirements. This section also requires compliance with the code.
My wife is a paraplegic, confined to a wheelchair. We are fortunate enough to
have a handicapped equipped van that she is able to drive independently.
Because the parking lot now not properly marked she is essentially denied
access to a public place. This is in violation of the American with Disabilities Act
(ADA).
I want two things to happen. 1. Correction of the parking situation within a
reasonable time (90 days or less). 2. Contact from a responsible person within
Atlantic Beach city government that the above is going to occur and when it will
occur.
1
August 19, 2008
Mr. Robert W. Hammesfahr
1611 Linkside Dr West
Atlantic Beach,FL 32233
Subject: Handicap Parking Complaint
Dear Mr. Hammesfahr,
This is in response to your complaint pertaining to the removal of handicap parking spaces in the
parking lot of North Plaza, at 725 Atlantic Blvd. Your original complaint was forwarded to
another department to be researched; unfortunately I'm not sure why you were not contacted
regarding the results.
The investigation revealed that the original site plan for North Plaza only had 4 handicap parking
spaces;there was no evidence that more were required at the time it was constructed. The
Florida Building Code 11-4 you referred to in your letter only applies to new construction,the
plaza was approved and completed prior to this code being adopted , and would only require 5
handicap spaces if being built today.
An examination of the parking lot at the time of the investigation revealed 5 handicap spaces
were available for use. As there is no evidence a violation exists,the management company
cannot be required to replace the handicap spaces previously removed. However,your
complaint has been forwarded to the property manager.
I will continue to monitor this situation,but until such time as there is a violation, I am unable to
initiate any enforcement action. Should you wish to discuss this matter further, I can be
contacted at(904)247-5855.
ALEXANDER J. SHERRER
Code Enforcement Officer
C: John Meserve, Mayor
City Commissioners
David Thompson,Public Safety Director
COPY447"
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Total Parking in Lot Required Minimum Number of
Accessible S.aces
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1000 2%of total
1001 and over 20 plus 1 for each 100 over 1000
•
�L. /1/427 / /3/ fac�//7 freces
Disabled Services
Parking Enforcement
• ir
Officer
R.R. Thigpen, Sr.
60 tecohds in a handicapped space with no permit is one minute too long!
Tel:630-4940 • I Cell:626-9968k• Fax:630-3476