CE 651 Selva Lakes Cir Case #24-013 CITY OF ATLANTIC BEACH
6' �ar)� 800 SEMINOLE ROAD
1 s)1 ATLANTIC BEACH, FL 32233
PHONE (904) 247-5800
2/2/2024
HENDERSON RICHARD AND DORSEY
651 SELVA LAKES CIR
ATLANTIC BEACH, FL 32233
Real Estate Number: 172027 5898 Case Number: 24-013
Location of Violation: 651 SELVA LAKES CIR,44-60 16-2S-29E SELVA LAKES UNIT 3 LOT 153 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 651 SELVA LAKES CIR was conducted on 1/30/2024. 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:
1. Unapproved pavers- Brick pavers have been installed in the yard along the left side of the driveway and along
the street. On 8/15/2023 the city received driveway application#DWAY23-0045. The application was denied.
The brick pavers are not approved.
2. Unapproved tree removal- The oak tree located in the front yard of the property to the east of the driveway has
been removed. There is no tree permit approval on file for this tree removal.
3. A fence/privacy wall has been constructed in the front yard between 651 Selva Lakes circle and 647 Selva
Lakes Circle. Structures of this type require an approved permit prior to construction. Fences are limited to a
maximum height of 6 feet. Privacy structures may exceed 6 feet, if approved, but are subject to setback
requirements. They may not abut the property line without an approved variance.
APPLICABLE CODES:
Sec. 19-7. Construction of driveways in rights-of-way. The construction of a new driveway in the city's right-of-
way, or the modification of an existing driveway in a right-of-way, shall require a construction permit within city
rights-of-way and easements. Said permit shall be issued subject to the following requirements: (a)The proposed
driveway shall not create more than fifty(50)percent impervious area within the right-of-way. (b)Any permit
issued shall be a revocable encroachment permit if any nonstandard driveway materials(i.e., pavers)are installed
in the right-of-way. If the city is required to do any utility or other work or repairs in a right-of-way which
damages such nonstandard materials, the homeowner shall be responsible for repairs necessary to the materials.
(c)Any construction within the city's rights-of-way shall not adversely affect or restrict public parking in the
rights-of-way. (d)No parking aprons shall be allowed in the city's rights-of-way along arterial(through)streets
listed in city Code subsection 21-17(h). (e)Any improvements in the city's rights-of-way that are not part of a
driveway or sidewalk shall be constructed of turf block or other pervious material. (f)Maximum driveway width
at the property line and through the right-of-way shall be twenty(20)feet. Maximum driveway width for circular
drives shall be twelve(12)feet,and circular drives shall only be permitted on lots having at least one hundred-
foot frontage. (g)Maximum driveway width at the property line and through the right-of-way for duplexes on a
fifty-foot lot shall be a combined width for both driveways of twenty-four(24)feet. (h)Driveways that cross
replaced City sidewalks may not be replaced with other materials,but must be with smooth concrete
left natural in color so that it matches the existing and adjoining sidewalks.
Sec. 24-70. -Land clearing and alteration of site grade or topography. -No lands shall be cleared, grubbed, filled,
excavated or topographically altered by any means,and no vegetation on any parcel or lot disturbed, prior to
issuance of all required approvals and development permits authorizing such clearing or alteration. Except as
required to meet coastal construction codes as set forth within a valid permit from the Florida Department of
Environmental Protection;or as required to meet applicable flood zone or stormwater regulations pursuant to
valid permits,the grade,elevation or topography of any parcel,development or redevelopment site shall not be
altered.
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.
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. 23-51. (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.
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. 24-157.Fences,walls and similar structures. (a)Permit required.Issuance of a permit is required for any new
or replacement fence or wall and all new or replacement fences and walls shall comply with the following
provisions.Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may
be used interchangeably within this chapter,and shall mean as specifically defined within section 24-17. Fences
must be constructed out of materials that are customarily used for fences.
Chapter 24 Fences,walls and similar structures. Sec. 24-157 Fences,walls and similar structures.(b)Height and
location. (1)Within required front yards,the maximum height of any fence shall be four(4)feet, except that open
ornamental aluminum, iron or vinyl or wood fences,with vertical rails no more than two(2)inches in width and
spacing of at least four(4)inches may be constructed to a maximum height of five(5)feet except in cases as
described in the following subsection ii. Within required side or rear yards,the maximum height of any fence
shall be six(6)feet.
ACTION TO CORRECT: This letter requests that the noted violation(s) be corrected by removing the
brick pavers, removing the fence/privacy wall, and submitting and after the fact tree application 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 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.
rely,
:ela .rry •
CODE FORC.