Loading...
CE 338 Plaza Case #24-004a� t x s � ' h h «ZOW 1 1 ��-4 1. ,j r\i`Prjr CITY OF ATLANTIC BEACH `` y J � ' 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 yr PHONE (904)247-5800 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, usc , • A ela Ir' 4111 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 Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request.Your email communications, including your email address, may therefore be subject to public disclosure. 1 / I 9 ft j ��, ;-.c 1 i .�_>_le Ij I_ z r .. z 61 gSiN ill 0 : : !g r g' L 0 I S. 1 � So i � $ Q i Y Vv }J 2 M 31 = II _ .tea-.l_._ ....-1-._ f 1 _ M .a1 X $ -i O g1A R P W O a 4 9n f� c�4q = O lie ta 9°sK f «.st7 "- i i 5 ; f ` .4e N y I 0,10 01 s , 1 -±,—, ., ----r-t- . I 1 'ogi14 1 i ; t III 0 F. L5q1n iLK - i i C 01; a D 1.5. = 1 III n - I gR3 s i. III S 3 $ Q a T k i I n 1 I I '_'4 mi 3 k { z I Q - - - I T ..._._ I .. m 5 i t y A D z ! i A b G a " a i 0 0 0 3 B 28 $ 8 8 . 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'� ,:.ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse 4. .Agent so that we can return the card to you. X L_, �� 0 Addressee • Attach this card to the back of the mailpiece, B. Rec vagi by(Print Name) C. Date of Delivery/ or on the front if space permits. L /'� 7(. -(- . Z-�'Z`1 1. Article Addressed to: D. s delivery address different from item 1? ❑Yes iLvP C\v (d Lx\soi• If YES,enter delivery address below: ❑ No TLJI `\Ct Q g ; -.2 3`t. Q‘..vzt-z i; t'1"1-Nck( hC.. cCr FL 3214:, t�� G� 3. Service Priority Mail Express® I I I D I�I 11111 I 111111111111111 II I I VIII' I I I I I ❑Adult `\��El Registere Mai!'" ❑Adult ature RestricDeli ❑Re ' red Mail Restricted ❑Certified Mail® t-,) every 9590 9402 5982 0062 6062 62 0 Certified Mail Restricted Delivery Return Receipt for ❑Collect on Delivery Merchandise 0 e.r„io Mi irnhor frran.afer frnm service label) 0 Collect on Delivery Res ' ed Delivery 0 Signature Confirmation.," "ail ❑Signature Confirmation 7 013 1710 0002 16 91 0650 ail stricted Delivery Restricted Delivery 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. ^` {)top CAi f ford �<<s C� Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: ❑ No E U 4e, CS -E-e, 24 - noq 3. Service Type �j , orityyExpress® III'I' III11111 I 11111 ill I VIII I I ❑Adult Signatu "tID 7✓ 0 Registered Mailr 0 Adult Signatu l psMc�ed Delivery 0--.jstered Mail Restricted ❑Certified Mail IL.i 9590 9402 5982 0062 6061 56 0 Certified Mail Restricted PhliKepi urn Receipt for O Collect on Delivery v Merchandis 2 Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Si onfirrationT" —Insured Mail ignature Confirmation 013 1710 n 0 0 2 11,91 A 4 5$ Insured Mail Restrict ' Ty Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt