CE 1025 Beach Ave Case #23-095 ,i>rko', vl CITY OF ATLANTIC BEACH
J'' 800 SEMINOLE ROAD
n ATLANTIC BEACH, FL 32233
PHONE (904) 247-5800
or)
�rH I* CERTIFIED RETURN RECEIPT
7017 0660 0000 3856 5750
5/1/2023
FLEMING DAVIS
1951 BEACH AVE
ATLANTIC BEACH, FL 32233
Real Estate Number: 170264 0000 Case Number: 23-095
Location of Violation: 1025 BEACH AVE, 6-1 16-2S-29E .19 ATLANTIC BEACH PT LOTS 1,2 RECD O/R
10087-1555,LOT 3 BLK 41 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 1025 BEACH AVE was conducted on 5/1/2023. 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:The fire damaged structure referenced above has remained unrepaired for over 7
months. The structure is unsecured,unsafe and in violation of IPMC and Florida Building code requirements. It
is a threat to neighboring properties,an attractive nuisance to kids or others who may enter the house,and is also
an eyesore. The threat to neighboring properties from potential windborne degree increases as we approach
hurricane season.
APPLICABLE CODES:The list of code violations includes the following but is not exhaustive of all violations
existing at the property.
IPMC Sec. 111.1.5 Dangerous structure or premises -
3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake,wind,
flood, deterioration,neglect, abandonment,vandalism, or by any other cause to such an extent that it is
likely to partially or completely collapse, or to become detached or dislodged.
6. The building or structure, or any portion thereof is clearly unsafe for its use or occupancy.
7. The building or structure is neglected, damaged, dilapidated,unsecured or abandoned so as to become
an attractive nuisance to children who might play in the building or structure to their danger,become a
harbor for vagrants,criminals or immoral persons, or enables persons to resort to the building or structure
for committing a nuisance or an unlawful act.
8. Any building or structure has been constructed, exists or is maintained in violation of any specific
requirements or prohibition applicable to such building or structure provided by the approved building or
fire code of the jurisdiction,or of any law or ordinance to such an extent as to present either a substantial
risk of fire,building collapse or any other threat to life and safety.
10. Any building or structure,because of a lack of sufficient or proper fire resistance-rated construction,
fire protection system, electrical system, fuel connections,mechanical system, plumbing system or other
cause, is determined by the code official to be a threat to life or health.
11. Any portion of a building remains on a site after the demolition or destruction of the building or
structure whenever any building or structure is abandoned so as to constitute such building or portion
thereof as an attractive nuisance or hazard to the public.
Sec. 12-1 (b) It shall hereby declared a nuisance,the enumerations of which are merely indications of the nature
and type of acts, occurrences and conditions, and shall not be deemed to be exclusive:
(6) For any person not to post, secure, or safeguard any hazardous condition which may prove detrimental
to any human being,whether in a building, on the premises of a building, or upon an unoccupied lot. This
includes any abandoned wells, shafts,basements, excavations, construction sites, as well as structurally
unsound fences or structures.
(8) For any person to allow, suffer or permit any building or structure which,by storm damage, fire,
decay or other cause to become structurally dangerous,unsafe,dilapidated,unsanitary, or vermin infested
so that it creates a hazard to the health or safety of the occupants or the public.
(13)For any person to allow a building or structure to be partially demolished or partially constructed,
and to then allow such condition to exist,without any demolition or construction activity, for a period of
six(6)months.
c. Any partially demolished or partially constructed building or structure that remains for six(6)
months without any activity(activity shall mean passing at least one city construction inspection)
is hereby deemed to be an eyesore, creating a situation or condition that adversely affects the
aesthetic appeal of the city, and shall therefore constitute a nuisance subject to the requirements
of this chapter. Any action taken by the city pursuant to this chapter against any such property
shall be for the purpose of protecting the appearance and public health of the city.
Sec. 6-17. -Same—Amendments.
(5) Unsafe building or structure. For the purpose of this Code, any building or structure which has any or
all of the conditions or defects hereinafter described, shall be deemed a public nuisance and an unsafe,
substandard,and dangerous building,provided that such conditions or defects exist to the extent that the
life,health,property, or safety of the public or its occupants are endangered or to the extent that such
building or structure creates a substantive adverse effect to the surrounding neighborhood,business
environment or property values. Such structures and buildings shall be abated in accordance with the
procedures of the 2006 International Property Maintenance Code.
c. Whenever any portion thereof has been damaged by fire, wind, flood or by any other cause,to
such an extent that the structural strength or stability thereof is materially less than it was before
such catastrophe and is less than the minimum requirements of the Florida Building Code, for
new buildings of similar purpose,or location.
d.Whenever any portion or member or appurtenance thereof is likely to fail or to become
detached or dislodged, or to collapse and thereby injure persons or damage property.
f. Whenever any portion thereof has wracked,warped,buckled, or settled to such an extent that
walls or other structural portions have materially less resistance to winds than is required in the
case of similar new construction.
k.Whenever the building or structure has been so damaged by fire, wind or flood, or has become
so dilapidated or deteriorated as to become: 1. an attractive nuisance to children; 2. a harbor for
vagrants, criminals; or 3. as to enable persons to resort thereto for the purpose of committing
unlawful acts.
o. Whenever any portion of a building or structure remains on a site after the demolition or
destruction of the building or structure, or whenever any building or structure is abandoned for a
period in excess of six(6)months so as to constitute such building or portion thereof an attractive
nuisance or hazard to the public.
p. Whenever any building or structure has been neglected or been allowed to deteriorate to such
an extent that it has a blighting influence on the surrounding neighborhood. Such condition
should be determined by common, reasonable observation of the building structure's exterior
cladding.
ACTION TO CORRECT: This letter requests that the noted violation(s) be corrected by boarding the
structure within 10 days of receipt of this notice and submitting an action plan to the city for demolition,
repair or replacement 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 or airizarry�@coab.us if you have any questions or need additional information.
I, e,`t,{/ I fi , hereby swear and affirm that the above statement is true and
ac urate.
ly,
01, .E
alri,
CODE EN ORCEME 4
Enc: Letter from Amanda Askew dated 10/6/2022 re: 1025 & 1039 Beach Avenue Fire Damage
City of Atlantic Beach
flt
Building and Zoning
800 Seminole Road
1 ,, Atlantic Beach, Florida 32233
' Telephone(904)247-5826
http://www.coab.us
October 6, 2022
Re: 1025 & 1039 Beach Avenue Fire Damage
To whom it may concern,
This letter is intended to summarize options for rebuilding the structures that incurred damage
caused by the fire on June 7, 2022.
Nonconforming lots of record: Both properties are recognized as nonconforming lots of record
since they do not meet current lot standards. Nonconforming lots of record, per Sec. 24-84(b)(1),
may be used for single-family dwellings or residential dwellings consistent with density as
designated in the comprehensive plan. Both properties are within the Residential, Low Density
(RL)future land use category which permits up to six dwelling units per acre,or 7,260 square feet
per unit (excluding land seaward of the CCCL). Since neither property contains the lot area for
more than one dwelling unit, each property is permitted to construct one single-family house. If
the two properties were combined and developed as one parcel,only one residential unit would
be permitted (a duplex,triplex, etc. would not be permitted).
Nonconforming structures: Additionally, both properties are considered nonconforming
structures as they do not meet current zoning setback requirements. Sec. 24-85(b)(7) states
"legal nonconforming residential structures which incur substantial damage by a natural event
may be reconstructed within the previously existing footprint and height as lawfully permitted
prior to the occurrence of the natural event provided that such reconstruction is started within
one (1) year from such natural event and completed within three (3) years." This means that
structures on both properties could be reconstructed within their previously existing
footprints. Please note that any new structure will have to be constructed the meet current
building codes.
Nonconforming use: Lastly,city records indicate that 1025 Beach Avenue contained five dwelling
units (four in the main structure and one in the accessory garage structure). Since five dwelling
units exceeds the number of units currently allowed under the Residential Low Density
designation, this property is considered a nonconforming use. Section 24-85(c)(4) states "Site
improvements or structures located on properties containing a legal nonconforming use which
incur substantial damage by a natural event may be reconstructed and the nonconforming use
may be resumed as lawfully permitted prior to the occurrence of the natural event, provided that
such reconstruction is started within one (1) year from such natural event and completed within
three (3)years."
1 ( Page
In summary, the reconstruction options for these properties includes:
Option 1. Construct one single-family house on each property. Permitted to use existing
damaged structure footprints and height.
Option 2. Combine the lots to create one property and construct one single-family house.
Would be required to meet existing zoning codes (no longer use the existing damaged
structure footprints and height).
Option 3. Construct a five dwelling unit structure on 1025 Beach Avenue and one single-
family house on 1039 Beach Avenue. Permitted to use existing damaged structure
footprints and height.
Please let me know if you have any questions or would like to go over this options in-person.
Sincerely, d
40/14)46'
aCe&/-'
Amanda L. Askew, AICP
Planning and Community Development Director
2 ! Page
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