CE Encroachment into City Property CITY OF ATLANTIC BEACH
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ti ATLANTIC BEACH, FL 32233
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PHONE (904) 247-5800
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3/28/2023
HULIHAN TERRITORY INC
1177 ATLANTIC BLVD
ATLANTIC BEACH, FL 32233
and
ACDM HOLDINGS LLC
PO BOX 330893
ATLANTIC BEACH, FL 32233
Real Estate Numbers: 170708 0000& 170708 0500 Case Number: 23-059 Location of Violation: 1177 &
1179 ATLANTIC BLVD Atlantic Beach, Florida
Dear Property Owners:
In November of 2006 a commercial lease was signed exclusively with Hulihan Territory, Inc. to lease the gravel
and dirt parking area located on the City owned parcel adjacent to your properties. According to paragraph 5 of
the lease,the premises was to be "used by the Tenant solely for Parking only for employees of Hulihan Territory,
Inc. and for activities incidental thereto". It prohibits the use of that area for any other purposes without obtaining
the prior written consent of the City.
No written consent has been given by the City for any other activities or users upon that parcel. Additionally, the
lease also states in paragraph 8 that no alterations may be made to the leased area without written consent of the
City.
During an inspection on 3/22/2023, several violations of the lease and the City of Atlantic Beach Code of
Ordinances were observed at 1177 Atlantic Blvd., 1179 Atlantic Blvd and eastern side of the City parcel which is
subject to the lease.
1. Encroachment of leased area into City parcel—Visual inspections and aerial photographs suggest that
the usage of City land has expanded westward, further into City property. No revised lease has been
reviewed or approved for the usage of additional land.
2. Aerial photographs show an area at the northern end of the City's land that has been cleared out and is
being used for storage. It appears trees have been removed for this purpose.
3. Use of the property by a business other than Hulihan Territory - Box trucks labeled Atlantic Coast
Landscape Design and Maintenance are parked on City property.
4. Unregistered Business- There is no valid business tax receipt for Atlantic Coast Design and
Maintenance. An application was applied for in 2020 but was denied when the applicant failed to
respond to the Building official regarding performing an inspection.
5. Unapproved fence—A new 6 foot wooden fence was installed along the north border of 1179 Atlantic
Bvd.No permit was obtained for this fence.
6. 2nd Unapproved fence—A 6 foot fence was installed on city property without a permit in violation of
the code of ordinances and in violation of the Lease agreement.
7. Electric and light posts — Light posts and associated electrical wiring were installed on the city's
property in violation of the lease and the Florida Building Code which requires a permit for electric
installation.
8. Increase in impervious surface without a permit—Additional concrete was poured on the north end of
1179 Atlantic Blvd between the building and the unpermitted fence.
9. Mulch and Pallets are being stored in several areas of the property in violation of the lease and zoning
codes.
We are asking that all violations be remedied within 30 days. If you wish to review the terms of your lease please
contact the City to discuss further. Please remove or obtain permits for all improvements, removed unapproved
items and vehicles from City property and obtain a valid business tax receipt for all businesses operating at these
addresses.
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 per violation and/or termination of the lease. 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, [e VG` ***tar- f t , hereby swear and affirm that the above statement is true and
accurate. •J
S' ,
An: tarry
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