CE 338 Plaza Case #24-004a�
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,j r\i`Prjr CITY OF ATLANTIC BEACH
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ATLANTIC BEACH,FL 32233
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1/16/2024
DUNLOP CLIFFORD WILSON LIFE ESTATE,
HARVARD CLIFFORD DUNLOP,DUNLOP ANGUS H JR
338 PLAZA
ATLANTIC BEACH,FL 32233-5442
Real Estate Number: 169963 0000 Case Number:24-004
Location of Violation: 338 PLAZA, 5-69 16-2S-29E .370 ATLANTIC BEACH LOTS 15,17,E112 LOT 19 BLK
10 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 review of the records for 338 PLAZA was conducted on 1/16/2024. 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:According to City of Atlantic Beach records, a tree removal application dated
March 8, 2023 was submitted to the city to seek after the fact approval for two pine trees removed from the
property without a valid permit. In accordance with code,the required mitigation for these two trees was
calculated to be 100 inches. As of today,the mitigation requirements have not been met. Please see enclosed
mitigation calculation worksheet, email dated 3/22/2023 from Brian Broedell and tree species lists.
APPLICABLE CODE:
Sec. 23-21. -Permits required by this chapter. Unless specifically exempted within following section 23-22,
permits are required for removal of regulated trees and vegetation on all lands within the City of Atlantic Beach.
The permit requirements are not intended to restrict or adversely affect a property owners rights under
constitutional or statutory law, or otherwise preempt applicable Florida Statutes.
Sec. 23-8 Defmitions: Regulated tree shall mean any tree as follows: (1)Private regulated tree shall mean any
tree on private property, except those species listed on the Atlantic Beach Prohibited Species List,meeting the
following conditions: a. A DBH of eight(8)inches or more.
Sec. 23-23.Permits procedures. (a)(3)After-the-fact permits.Any person(s)engaging in the removal of regulated
tree(s)or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after-the-fact
permit, and meet mitigation requirements as assessed.
Sec. 23-33. Mitigation to be assessed.(a)Mitigation required.Replacement or relocation shall be the preferred
methods of mitigation. Unless mitigation in the form of payment into the tree conservation fund has been
approved in accordance with section 23-37,mitigation in the form of tree replacement, relocation or preservation
shall be required to offset any impacts resulting from the removal of regulated trees/vegetation as a condition of
the tree or vegetation removal permit.
Sec. 23-51. (d)Sanctions for failure to obtain a permit. (1)Regulated trees or regulated vegetation removed in
violation of this chapter shall require an after-the-fact permit,the fee for which shall be two(2)times the normal
established application fee specified in section 23-26. In addition, as a condition of the permit,the applicant shall
immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and
adjacent properties. (2)Regulated trees removed in violation of this chapter shall be assessed at two(2)times the
normal established rate of mitigation specified in section 23-33.
This letter requests that the noted violation(s) be corrected by submitting a proposed mitigation plan to the
city within 10 day of receipt of this letter and once approved, paying mitigation funds or planting required
trees within thirty(30)days of approval of the mitigation plan.
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 code@coab.us coab.us if you have any questions or need additional information.
I, Angela Irizarry hereby swear and affirm that the above statement is true and accurate.
S' ely,
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CODE ENFORCEMENT4
Irizarry,Angela
From: Broedell, Brian
Sent: Wednesday, March 22, 2023 11:42 AM
To: 'gusdunlop37@aol.com'
Subject: Tree Removal Permit 338 Plaza
Attachments: IMG_0820.jpg; IMG_0825.jpg; 338 Plaza TPC signed.pdf;Tree List.docx; Designated
Maritime Species.docx
Good morning,
We have received your permit for the two removed pine trees. Using measurements taken after the trees were removed
(see attached pictures), we determined the diameter of the trees to be 23 inches and 27 inches. Required mitigation for
trees 14-30" in diameter is one inch owed for each inch removed, which is then doubled for trees removed without a
permit. As such, 100 total inches of mitigation is required for this removal (see attached calculation sheet).
Mitigation can be in the form of planting new trees and/or payment into the tree fund. For example, planting a 4"
caliper tree equals 4 inches of mitigation. Please submit a mitigation/landscape plan that shows how you will meet the
owed mitigation.
Note the following:
- Payment is$150 per inch
- Planted trees must be on the attached tree list, except palms will not count towards mitigation.
- Designated Maritime Species receive double credit(i.e. 4" magnolia= 8" credit)
For example, planting two 4" live oaks,four 4" red cedars,five 4" crape myrtles, and paying for 32 inches would meet
mitigation.This is just an example though, many combinations of species,sizes, and payment could meet mitigation.
Let me know if you have any questions.
Thank you,
Brian Broedell, AICP
Principal Planner&Environmental Coordinator
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(904)247-5822
bbroedell(Wcoab.us
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Designated Maritime Species
1. Bald Cypress (Taxodium distichum).
2. Cedar (Juniperus siliciola) (Southern Red Cedar), J. virginiaba (Eastern Red Cedar).
3. Elm (Ulmus alata) (Winged Elm), Ulmus American floridana (Florida Elm),
4. Live Oak (Quercus virginiana).
5. Hickory (Carya Illinoensis) (Pecan), C. tomentosa (Mockernut), C glabra (Pignut Hickory) .
6. Loblolly bay (Gordania lasianthus).
7. Magnolia (Magnolia grandiflora) (Southern Magnolia) Magnolia virginiana (Sweetbay
Magnolia)
8. Maples (Acer rubrum (Red Maple), Acer Barbatum (Florida Maple)
9. Tupelo (Nyssa sylvatica)
10. Pine (Loblolly) (pinus taeda), (Long-leaf) (Pinus palustris), (Pond) (Pinus Serotina)
CITY OF ATLANTIC BEACH RECOMMENDED TREE LIST
SHADE TREES
Common Name Botanical Name
Ash, Green Fraxinus pennsylvanica
Ash, Water Fraxinus caroliniana
Bay, Loblolly Gordonia lasianthus
Cedar, Southern Red Juniperus silicicola
Cypress, Bald Taxodium distichum
Cypress, Pond Taxodium ascendens
Elm,American Ulmus americana
Elm, Florida Ulmus american floridana
Elm, Lacebark Ulmus parvifolia
Hickory, Mockernut Carya Tomentosa
Hickory, Pecan Carya illinoensis
Hickory, Pignut Carya glabra
Hickory,Water Carya aquatica
Loquat,Japanese Plum Eriobotrya japonica
Magnolia,Southern Magnolia grandiflora
Magnolia,Sweetbay Magnolia virginiana
Maple, Florida Acer barbatum
Maple, Red Acer rubrum
Oak, Live Quercus virginiana
Oak, Shumard Red Quercus shumardii
Oak, Swamp Chesnut Quercus michauxii
Pine, Loblolly Pinus taeda
Pine, Long-leaf Pinus palustris
Pine,Slash Pinus elliottii
Sugarberry Celtis laevigata
Sweetgum Liquidambar styraciflua
Sycamore Platanus occidentalis
Tupelo Nyssa sylvatica
PALM TREES
Common Name Botanical Name
Palm,Cabbage Sabal palmetto
Palm, Canary Island Date Phoenix canariensis
Palm, Pindo Butia capitata
Palm, Sylvester Date Palm Phoenix sylvestris
Palm, Washington Washingtonia robusta
UNDERSTORYOR ORNAMENTAL TREES
Common Name Botanical Name
Cedar, Red Juniperus virginiana
Crape Myrtle Lagerstroemia indica
Elm,Winged Ulmus alata
Holly,American Ilex opaca
Holly, Dahoon Ilex cassine
Holly, East Palatka Ilex attenuata
Holly,Yaupon Ilex vomitoria
Oak, Myrtle Quercus myrtifolia
Oak, Sand Live Quercus geminata
Oleander Nerium oleander
Podocarpus,Yew Podocarpus macrophyllus
Privet,Glossy Ligustrum lucidum
Privet,Japanese Ligustrum japonicum
Redbud Cercis canadensis
Wax Myrtle Myrica cerifera
.ri y,J`l J CITY OF ATLANTIC BEACH
s ,.` s� 800 SEMINOLE ROAD
Al si ATLANTIC BEACH,FL 32233
�- PHONE (904) 247-5800
4'491319'' CERTIFIED MAIL RETURN RECEIPT
7013 1710 0002 1691 0650
2/1/2024
DUNLOP CLIFFORD WILSON LIFE ESTATE,
HARVARD CLIFFORD DUNLOP, DUNLOP ANGUS H JR
338 PLAZA
ATLANTIC BEACH,FL 32233-5442
Real Estate Number: 169963 0000 Case Number:24-004
Location of Violation: 338 PLAZA, 5-69 16-2S-29E.370 ATLANTIC BEACH LOTS 15,17,E1/2 LOT 19 BLK
10 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 review of the records for 338 PLAZA was conducted on 1/16/2024 & 2/1/2024. 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:According to City of Atlantic Beach records,a tree removal application dated
March 8, 2023 was submitted to the city to seek after the fact approval for two pine trees removed from the
property without a valid permit. In accordance with code,the required mitigation for these two trees was
calculated to be 100 inches. As of today,the mitigation requirements have not been met.Please see enclosed
mitigation calculation worksheet, email dated 3/22/2023 from Brian Broedell and tree species lists.
APPLICABLE CODE:
Sec. 23-21. -Permits required by this chapter.Unless specifically exempted within following section 23-22,
permits are required for removal of regulated trees and vegetation on all lands within the City of Atlantic Beach.
The permit requirements are not intended to restrict or adversely affect a property owners rights under
constitutional or statutory law, or otherwise preempt applicable Florida Statutes.
Sec. 23-8 Definitions: Regulated tree shall mean any tree as follows: (1)Private regulated tree shall mean any
tree on private property, except those species listed on the Atlantic Beach Prohibited Species List, meeting the
following conditions: a.A DBH of eight(8)inches or more.
Sec. 23-23.Permits procedures. (a)(3)After-the-fact permits.Any person(s)engaging in the removal of regulated
tree(s)or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after-the-fact
permit, and meet mitigation requirements as assessed.
Sec. 23-33. Mitigation to be assessed. (a)Mitigation required.Replacement or relocation shall be the preferred
methods of mitigation.Unless mitigation in the form of payment into the tree conservation fund has been
approved in accordance with section 23-37,mitigation in the form of tree replacement,relocation or preservation
shall be required to offset any impacts resulting from the removal of regulated trees/vegetation as a condition of
the tree or vegetation removal permit.
Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1)Regulated trees or regulated vegetation removed in
violation of this chapter shall require an after-the-fact permit, the fee for which shall be two(2)times the normal
established application fee specified in section 23-26. In addition, as a condition of the permit, the applicant shall
immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and
adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two(2)times the
normal established rate of mitigation specified in section 23-33.
This letter requests that the noted violation(s) be corrected by submitting a proposed mitigation plan to the
city within 10 day of receipt of this letter and once approved, paying mitigation funds or planting required
trees within thirty(30)days of approval of the mitigation plan.
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 code@coab.us if you have any questions or need additional information.
I, Angela Irizarry hereby swear and affirm that the above statement is true and accurate.
Si erely,
Angela I rry •
CODE ENFORCEM r'�
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PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt
2/22/2024
CODE ENFORCEMENT
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
DUNLOP CLIFFORD WILSON LIFE
ESTATE, HARVARD CLIFFORD DUNLOP,
DUNLOP ANGUS H JR
338 PLAZA
ATLANTIC BEACH, FL 32233-5442
Dear Respondent:
Case Number: 24-004
Certified Mail Return Receipt:
7013 1710 0002 1691 8458
Property Address: 338 PLAZA
ATLANTIC BEACH, FL 32233
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special
Magistrate on May 2, 2024 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 338 PLAZA,
5-69 16 -2S -29E.370 ATLANTIC BEACH LOTS 15,17,E 1/2 LOT 19 BLK 10 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
Sec. 23-21. - Permits required by this chapter. Unless specifically exempted within following section 23-
22, permits are required for removal of regulated trees and vegetation on all lands within the City of
Atlantic Beach. The permit requirements are not intended to restrict or adversely affect a property
owners rights under constitutional or statutory law, or otherwise preempt applicable Florida Statutes.
Sec. 23-8 Definitions: Regulated tree shall mean any tree as follows: (1) Private regulated tree shall
mean any tree on private property, except those species listed on the Atlantic Beach Prohibited Species
List, meeting the following conditions: a. A DBH of eight (8) inches or more.
Sec. 23-23. Permits procedures. (a) (3) After -the -fact permits. Any person(s) engaging in the removal of
regulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and
obtain an after -the -fact permit, and meet mitigation requirements as assessed.
Sec. 23-33. Mitigation to be assessed. (a) Mitigation required. Replacement or relocation shall be the
preferred methods of mitigation. Unless mitigation in the form of payment into the tree conservation
fund has been approved in accordance with section 23-37, mitigation in the form of tree replacement,
relocation or preservation shall be required to offset any impacts resulting from the removal of regulated
trees/vegetation as a condition of the tree or vegetation removal permit.
Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1) Regulated trees or regulated vegetation
removed in violation of this chapter shall require an after -the -fact permit, the fee for which shall be two
(2) times the normal established application fee specified in section 23-26. In addition, as a condition of
Page 1 of 2
the permit, the applicant shall immediately complete all remedial work as necessary to stabilize the site
and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of
this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in
section 23-33.
STATEMENT OF CODE ENFORCEMENT OFFICER:
According to City of Atlantic Beach records, a tree removal application dated March 8, 2023 was
submitted to the city to seek after the fact approval for two pine trees removed from the property without
a valid permit. In accordance with code, the required mitigation for these two trees was calculated to be
100 inches. Violation notices were sent on 1/16/2024 and 2/1/2024 but we received no response. As of
today, the mitigation requirements have not been met.
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.
ATTEST:
Ladayija Nichols, Deputy City Clerk
, hereby swear and affirm that the above statement
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 X 0 Agent
so that we can return the card to you. I 0 Addressee
■ Attach this card to the back of the mailpiece, B. Received• (-inted Name) C. Date of Delivery
or on the front if space permits. 2— t` tii
1. Article Addressed to: D.
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O Collect on Delivery v Merchandis
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—Insured Mail ignature Confirmation
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(over$500)
PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt