09-04-01 vCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
SEPTEMBER 4, 2001
Call to order: PRESENT: Curtis M. Sanders, Jr., Chairman
Tami Deitchman
Peter Wynkoop
Carl Russell
Mamie Hurd
ABSENT: Richard Mann
James Pelkey
Alan C. Jensen, City Attorney
AND: Suzanne Green, Prosecuting Attorney
Alex Sherrer, Code Enforcement Officer
Julie M. Brandt, Secretary
The meeting was called to order at 7:30 p.m. by Chairman Curtis Sanders, followed by the
Pledge of Allegiance to the Flag by all present.
Chairman Sanders requested that the roll be read. Secretary Brandt read the roll and it was
determined that Board Members Mann and Pelkey were absent.
1. Approval of Minutes of the May 1, 2001 Meeting
Following a brief review of the minutes, a motion was made by Board Member Russell,
seconded by Board Member Deitchman and unanimously carried to approve the minutes
of the Regular Code Enforcement Board Meeting of May 1, 2001 as presented.
2. Recognition of Visitors and Guests regarding any matters that are not listed on the
agenda.
There were no visitors or guests present.
Item 3, Old Business, was taken out of sequence and acted on after Item 4, New Business.
Chairman Sanders read the case number and indicated that Mr. James Baker was being brought
before the Code Enforcement Board for several violations. Secretary Brandt read the case
procedures to be followed. It was noted that neither Mr. Baker nor his representative was
present at the hearing.
Page -2-
Minutes
Code Enforcement Board Meeting
September 4, 2001
4. NEW BUSINESS:
Case No. 342-00-James Baker, 598 Seaspray (Seaspray Lot 33, Block 4).
Code Enforcement Officer Sherrer explained that Mr. Baker, the owner of the property, was in
violation of Chapter 12, Section 12-1 (1) (2) (3) and (7), Chapter 21, Section 21-24(b), Chapter
24, Sections 24-151 (3)(f) and 24-65 (c) of the Code of Ordinances of the City of Atlantic Beach.
in that there existed on the property the following conditions: refuse accumulation, more than
one accessory structure, no building permit for the accessory structures, and the existence of one
or more inoperative vehicles.
Code Enforcement Officer Sherrer distributed a case presentation folder to each Board Member.
He indicated that Mr. Baker was aware of the meeting since he had been served a subpoena
instructing him to be present. The case presentation folder is attached and made part of this
official record as Attachment A.
Code Enforcement Officer Sherrer explained Exhibits 1-9 included in the case presentation
folder. It was pointed out that the first notice of violation occurred on October 19, 2000.
Exhibits 3, 4 and 5 showing photographs of the junk cars, rubbish and accessory structures on the
property were viewed. It was pointed out that between the first notice of violation and the
official Notification of Violation, which was signed for by Mr. Baker on March 9, 2001, very
little had been accomplished to bring the property into compliance, and additional refuse was
found on the property.
Code Enforcement Officer Sherrer reported that the last inspection of the property had been
conducted that afternoon and the inoperable vehicles had been removed from the property, as
well as most of the accumulated refuse. It was pointed out that the City Code allows only one
permitted shed per property and three sheds were located on the property. Code Enforcement
Officer Sherrer indicated that Mr. Baker had been advised to obtain a permit for one of the sheds
and to remove the other two.
Exhibits 7, 8 and 9 were briefly discussed. Code Enforcement Officer Sherrer recapped the
previous violations on the property dating back to 1989. It was pointed out that a 1998 fine
levied against the property by the Code Enforcement Board remained unpaid, including
administrative expenses totaled $360.68.
Page -3-
Minutes
Code Enforcement Board Meeting
September 4, 2001
Discussion ensued and Board Member Deitchman pointed out that until today, eleven months
had elapsed without any progress being made to clean up the property. It was also pointed out
that in 1998, the Code Enforcement Board voted to fine Mr. Baker $100.00 per day if the
property was found to be in non-compliance again. The Board felt that Mr. Baker should have
been fined $100.00 per day since last October.
A motion was made by Board Member Russell, seconded by Board Member Deitchman
and unanimously carried to: (1) Find James Baker, owner of the property, to be a repeat
violator in violation of Chapter 12, Sections 12-1-2-3 and 7 of the Code, (2) to assess Mr.
Baker a fine of $500 per day for ten days for each violation, for a total of $10,0000, (3) to
defer all but $250.00 of the fine, and (4) give Mr. Baker thirty (30) days to clean up the
remainder of the trash on said property. If the property is not cleaned up to the
satisfaction of the Code Enforcement Officer on the 31St day, the $9,750 fine will be
reinstated.
Discussion ensued concerning the length of time needed to remove two sheds and properly permit
the remaining shed. A motion was made by Board Member Wynkoop, seconded by Board
Member Deitchman and unanimously carried to (1) Find Mr. Baker in violation of Chapter
24, Sections 24-151(3)f and 24-65(c) of the Code, (2) to give Mr. Baker thirty (30) days to
remove two sheds of his choice and ninety (90) days to properly permit the remaining shed,
and (4) to assess Mr. Baker a fine of $125 per day for ten days for each violation, for a total of
$2,500, if the two sheds are not removed in thirty days.
Discussion ensued concerning the storage of inoperable vehicles on said property. A motion was
made by Board Member Russell, seconded by Board Member Hurd and unanimously carried
to: (1) Find Mr. Baker in violation of Chapter 21, Section 21-24(b) of the Code, (2) not assess
a fine at this time because the inoperable vehicles had been removed from the property, and
(3) impose a fine as a repeat violator if he is found to be in non-compliance again. The Board
assessed Mr. Baker $692.41 administrative costs.
3. OLD BUSINESS:
Case No. 075-01 Benjamin Brown Jr. , 457 Sailfish Drive (Lot 1, Block 27, Royal Palms
Unit 2A).
Code Enforcement Officer Sherrer provided background information as follows: During the May
1, 2001 Code Enforcement Board Meeting, Mr. Brown was found to be in violation of Chapter
12-1 (b) (7) outside storage of miscellaneous materials and Chapter 24, Section 24-104 operation
of a junkyard in a residential district of the City Code of Ordinances. It was pointed out that Mr.
Page -4-
Minutes
Code Enforcement Board Meeting
September 4, 2001
Brown was not fined, but he was assessed $815.50 in administrative expenses which were to be
paid within 90 days. Code Enforcement Officer Sherrer indicated that Mr. Brown had paid
seventy-five dollars toward the administrative expenses and had requested an extension to pay
the remaining expenses.
A brief discussion ensued, and a motion was made by Board Member Wynkoop, seconded by
Board Member Russell and unanimously carried to acknowledge receipt of payment of
$75.00 and to grant Mr. Brown a ninety (90) day extension (from today's date) to pay the
remaining balance of $740.50 in administrative expenses.
Update on the Appeal Filed with the Circuit Court Regarding the Community
Development Board's Denial of a Variance to Allow Parking of a Boat in a Front Yard
In the absence of City Attorney Jensen, Code Enforcement Officer Sherrer updated the Board on
the appeal. City Attorney Jensen's memo dated September 4, 2001 was distributed to each
Board Member. The memo is attached and made part of this official record as Attachment B.
Parking of boats on through lots was briefly discussed, and it was pointed out that parking of a
boat right next to Mr. Sutton's boat on the through lot next to his property would be perfectly
legal. Code Enforcement Officer Sherrer indicated that the city could take no action at this time
since the case is being appealed.
Statistical Information Relative to Business Signs and Code Enforcement Case Load
The Code Enforcement Investigation Report was also distributed and it was pointed out that
since the beginning of the year, 1994 complaints had been investigated. Courtesy Notices
were discussed and Board Member Russell requested that the ordinance number be cited on the
notice.
Code Enforcement Officer Sherrer distributed to each Board Member a list of signs located
throughout the city. The list indicated their specific location, condition and if they were located
in the right-of--way. Enforcement of the sign ordinance, which was revised four years ago, was
briefly discussed. It was pointed out business owners were notified and given four years to
bring their signs into compliance with the sign ordinance and most of them still had not done so.
5. REQUEST FOR LIEN ACTION:
Name Address Amount of Lien
There were no requests for lien action.
Page -5-
Minutes
Code Enforcement Board Meeting
September 4, 2001
6. BOARD MEMBER COMMENTS:
There were no Board Member comments.
7. ADJOURNMENT
There being no further discussion or business to come before the Board, the meeting adjourned at
8:45 PM.
Curtis San ers, Jr., Chairman
Code Enforcement Board
Attest:
I~1
J ie M. Brandt, Secretary
ATTACHMENT A
Code Bd. Minutes 9-4-01
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
CASE NO. 342-00
June 8, 2001 BY CERTIFIED MAIL
Mr. James W. Baker
598 Seaspray Ave
Atlantic Beach, FL 32233
Dear Mr. Baker:
The Code Enforcement Board of the City of Atlantic Beach was created pursuant to
Florida Statutes and exists for the purpose of facilitating trie enforcement of the Code of
Ordinances. It is comprised of seven citizens, residents of Atlantic Beach, who meet regularly to
hear allegations of code violations.
You are hereby notified and ordered to appear at the next public hearing of the Code
Enforcement Board on TUESDAY, the 10th day of July, 2001, AT 7:30 P. M. at Atlantic
Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violations of the
following Section(s) of the Code of the City of Atlantic Beach: Chapter 12, Section 12-1 (1)
(2), (3) & (7): Nuisances, Chapter 21, Section 21-24 (b): Traffic and Motor Vehicles,
Chapter 24, Chapter 24, Section 24-65 (c) and Section 24-1~1 (3) (f): Zoning & Subdivision
Regulations. It is alleged that you are in violation of the above enumerated code section(s) in
that there exists on the premises located at 598 Seaspray Ave, a/k/a 35-64 17-2S-29E, Seaspray
Lot 33, Block 4, of the City of Atlantic Beach, the following condition(s): Refuse accumulation,
More then one accessory structure, No building permit for accessory structures,
Accumulation of one (1) or more inoperative vehicles.
The Code Enforcement Board has the power to levy fines up to $250.00 per day for the
first offense and $500.00 for the second offense against the property, if a violation is found to
exist beyond the date set by the Board for compliance. If the violation is corrected and then
recurs or if the violation is not corrected by the time specified for correction by the code
inspector, the case may be presented to the enforcement board even if the violation has been
corrected prior to the board hearing.
You have the right to obtain an attorney at your own expense and to present witnesses in
your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the
procedure, please contact Patti Kotchkowski, Secretary of the Code Enforcement Board within
five days of the receipt of this notice at 247-5810. 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. ~ - -,
Sincerely,
Curtis M. Sanders, Jr -Chairman ,~(cL,,~,-~o~
Code Enforcement Board
ATTACHMENT A
Code Bd. Minutes 9-4-01
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ATTACHMENT A
Code Bd. Minutes 9-4-01
CITY OF ATLANTIC BEACH
C.B. Date: July 10, 2001 Defendant: MR. JAMES W. BAKER
Case #342-00 Location: 598 SEASPRAY AVE
A/K/A 35-6417-2S-29E SEASPRAY LOT 33 BLK 4
RE# 170703-0432
Violation:
CHAPTER 12, SECTION 12-1 (1) (2) (3) 8~ (7): REFUSE ACCUMULATION
CHAPTER 24, SECTION 24-151 (3) f: MORE THEN ONE ACCESSORY STRUCTURE
CHAPTER 24, SECTION 24-65 (c): NO BUILDING PERMIT FOR ACCESSORY STRUCTURES
CHAPTER 21, SECTION 21-24 (b) ACCUMULATION OF ONE (1) OR MORE INOPERATNE VEHICLES
Owner Occupied: X Rental: Homestead: Yes X No _
Code Enforcement Board Members:
1. Inspection of the property revealed that a violation of the
Code of the City of Atlantic Beach is present. Ownership of
the property was determined through:
Tax Records x Title Search Other
2. The code #(s) and nature of the violation(s) discovered are:
CHAPTER 12, SECTION 12-1 (1) (2) (3) 8~ (7): REFUSE ACCUMULATION
CHAPTER 24, SECTION 24-151 (3) f: MORE THEN ONE ACCESSORY STRUCTURE
CHAPTER 24, SECTION 24-65: NO BUILDING PERMIT FOR ACCESSORY STRUCTURES
CHAPTER 21, SECTION 21-24 (B) ACCUMULATION OF ONE (1) OR MORE INOPERATNE VEHICLES
3. The inspection was prompted as a result of a:
Complaint X Routine Inspection -Other
4. A violation notice was issued to the owner/occupant on: MARCH 9, 2001
5. Notice to the owner-occupant was achieved by:
Certified Mail X Delivery Posting of Property. The method of service meets with
requirements of Florida Statutes 162-12.
6. I did did not speak with the owner someone X in charge of the property
concerning the violations.
ATTACHMENT A
Code Bd. Minutes 9-4-O1
PAGE 2
CODE PRESENTATION SHEET
7. Brief description:
On October 19, 2000, in response to a complaint of excessive refuse and abandoned vehicles in
both the front and back yards, an inspection of 598 Seaspray Ave was conducted. My inspection
of the front yard, revealed one unregistered vehicle and refuse, the back yard was enclosed with a
privacy fence and was inaccessible for inspection. A Courtesy Notice of Violation was placed on
the front door of 598 Seaspray Ave, with a note for the owner to contact me.
On October 26, 2000, I was contacted by and met with Mr. Marvin Baker, who identified himself
as the caretaker. After discussing the seriousness of the reported violations, Mr. Baker agreed to
a full inspection of the front and back yards. My inspection revealed the front yard was now in
compliance, but inspection of the backyard revealed several serious violations. These violations
included three junk automobiles, with large piles of refuse and old used household furnishings
throughout. Much of the backyard was inaccessible because of the sheer amount of rubbish,
much of which was either out in the open, under tarps, in bins and in sheds. After a lengthy
conversation about the violations, Mr. Baker agreed to correct the violations over an unspecified
amount of time, with monthly progress checks.
Over the next several months, attempts to meet with Mr. Baker were unsuccessful. Only after
posting several notes on the front door, did Mr. Baker arrange for an inspection. On March 5,
2001, an inspection was conducted, and while some progress had been made, additional violations
were identified, including additional refuse which had been deposited elsewhere on the property.
Mr. Baker was told that his rate of progress was found unacceptable, and that the accessory
buildings (sheds) would also need to be corrected. Mr. Baker received an official Notification of
Violation on March 9, 2001, with a required compliance date of thirty (30) days from receipt.
8. The latest inspection was made May 31.2001 as a result of following up on the original complaint(s).
9. The violation(s) is still present X in compliance _.
10. In order to achieve compliance, it is necessary to correct all of the violations and maintain the
property:
By removing all trash and rubbish from the property; remove two of the three (3) accessory
buildings (sheds), ensure the remaining shed is properly permitted, and meets code; and either
remove all inoperative vehicles from the property or properly repair and title them.
11. I do X do not have photographs of the property and violations as they existed on the
property. They represent a fair and accurate representation of the property at the time they were taken.
12. I would estimate that 30 day(s) would be sufficient time to correct the violation.
ATTACHMENT A
Code Bd. Minutes 9-4-01
PAGE 3
CODE PRESENTATION SHEET
13. Further Comments:
Mr. Baker's has been cited for these same violations of City Code on ten (10) separate
occasions since 1989, for thirteen {13) separate violations and has been brought before the
Code Enforcement Board twice. Mr. Baker was cited for excessive rubbish in February 1989,
August and September 1993, June and August 1997, April 1998, and August 1998; for illegally
storing junk/abandoned vehicles on February 1989, June 1992, September and October 1993,
May 1997 and August 1997; for violating vegetation height restrictions in June 1995, October
1996, August 1997 and Aprii 1998.
On September 11, 1993, Case# 0061, Code Enforcement hearing was held for excessive
rubbish. Mr. Baker was given thirty days to come into compliance. No assessments orfines
were imposed.
On September 8,1998, Case# 98-7518, Code Enforcement hearing was held forthe violations of
excessive rubbish and the storage of junk vehicles. Mr. Baker was given 30 days to come into
compliance. Mr. Baker was also assessed $110.68 for administrative fees and given a $250.00
fine, both of which remain outstanding.
14 Summary:
The Code Enforcement Officer has been trying to work with Mr. Baker for the past nine (9)
months to resolve these violations. Mr. Baker has been before the Code Enforcement Board on
two separate occasions and found in violation of City Code both times. Mr. Baker has been
issued 13 notices of violation, and still continues to violate City Code. Mr. Baker has chosen
not to pay his previous assessments and fines, and while there's no proof that Mr. Baker did
not bring his property into compliance in the past, two of the three illegally stored vehicles
appear to be identical to those previously cited.
15 Recommendations:
That Mr Baker be found guilty for non-compliance, and per Florida Statute 162.09 (2)(a) be
fined the full $5,000.00 each as a repeat violator for the illegal accumulation of rubbish and
the illegal storage of junk vehicles on his property, for a total of $10,000.00. That Mr.
Baker's fine be assessed at 50°~ of the $10,000.00, with the additional $5,000.00 deferred
pending compliance within thirty (30) days. ff at the end of thirty days, Mr. Baker fails to
bring his property into compliance, he will be assessed the full amount for a total of
$10,000.00, plus $250.00 a day after thirty (30) days for each violation involving the illegally
erected accessory buildings, for a total of $500.00 a day. Furthermore I recommend that Mr.
Baker be assessed the fuf! administrative costs of conducting this hearing, per Florida
Statute 162.07 (2).
Respectfully submitted,
Alex Sherrer
Code Enforcement Officer
ATTACHMENT A
Code Bd. Minutes 9-4-01
Code Enforcement Administrative Charges for Presentation to the Board
Pursuant to Florida Statute 162.07 (2) the following charges for prosecuting this case before the Code
Enforcement Board shall be charged to the violator provided he or she are found in violation.
Code Enforcement Board Meeting: July 10, 2001
Case Number, 075-01: Mr. James W. Baker, 598 Seaspray Ave, Atlantic Beach, FL 32233
Code Enforcement Officer, $ 14.35 per hour x 22 hours = $330.05
Code Enforcement Secretary, $ 9.76 per hour x 3 hours = $ 29.28
Code Enforcement Attorney, $125.00 per hour x 2 hours = $250.00
Postage, Certified Mail, $ 3.74 x 2 = $ 11.22
Copies, Xerox $ .10 x 756 pages = 75.60
Total Charges $696.15
July 10, 2001
Alex Sherrer
Code Enforcement Officer
ALAN JENSEN ATTY 1379 P01
ALAN C. JF.~I~EN
Attornt~ at Law
935 Nom Third Street
Post Office Box 50457
Jacksonville Beach, Fbrida 32240-0457
Telepbooe (904) 2A6.2500
FAX MF,MORANDUM
DATE: September 4, 2001
TO: Julie Brandt, Secretary
Code Enforcement Board
SEP 04'01 13:43
ATTACHMENT B
CODE ENFORCEMENT BOARD
SEPTEMBER 4, 2001
FacaimUe (904)1A6-9960
E~Mail: AJe~enLaw®aol.com
Time• ~ ~.j~ ,,,,
COMPANY: City of Atlantic Beach
PAX NUMBER: ~~ t.~ (/~~ i
(904} 247-~`'
NUMBER OF PAGES: ~ (including cover sheet)
FRO _
JENSEN
ES
ALAN C
M: ,
Q.
.
CI.IFIVT/MA~'I''ER NO.: Sutton vs Atlantic Beach
Appeal of CDB denial of a variance to allow parking
of boat th front yard
MESSAGE
In the event that I am unable to make the meeting tonight for the reasons explained to you, please
provide the Code Enforcement Board with this update regazding the above appeal:
,1. The CDB denied the variance at its meeting on May 15, 2001.
2001.
2. The Order Denying Variance was signed by the chairman of the CDB on rune 19,
3. Previously, on June 11, 2001, the City Commission had unanxittously upheld the
action of the CDB to deny the variance requested by Mr. Sutton. An appeal to the City
Commission based on an illegal action taken by the CDB was denied.
4. On or about July 19, 2001, Mr. Sutton filed an appeal to the circuit court by a
Petition For Writ of Certiorari, which is the appropriate method of appealing a decision by a city
board. The appeal basically states that Mr. Sutton had never been previously cited with a violation
of the ordinance, even though he had been keeping his boat there for approximately 11 years. He
also claims, because of the unique shape of his property, that he cannot get a ten foot wide boat
trailer down his side yard. In my opinion, neither of these arguments is a sufficient basis fA reverse
the decision of the CDB.
ALAN JENSEN ATTY 879 PO2 SEP 04'01 13:44
Julie Brandt, Secretary
Code P~fozcement Board
Fax Memorandum of September 4, 2001
Page 2
5. I filed a Motion to Dismiss the Petition For Writ of Certiorari on behalf of the City,
stating that the grounds set forth in Mr. Sutton's petition were insufficient to reverse the decision of
the CDB. I further alleged that Mlr. Sutton failed to allege any basis regarding the standard of
review which a circuit court must use in reviewing a quasi judicial decision of the CDB, said
standard of review being as follows:
(a) Whether the petitioner was afforded due process;
(b) Whether the CBD observed the essezltial requirements of law; and
(c) Whether the findings and decision of the CDB are supported by
competent substantial evidence.
6. I also argued that the court cannot substitute its judgment for the CDB, but only
determine whether the board complied with ttte standards of review. I cited cases to the court in
support of till my arguments.
7. On August 22, 2001, the circuit court entered an Order, which. dismissed the
Petition For writ of Certiorari, stating that the petitioner failed to exhaust his admizuistrative
remedies. However, since an appeal was taken to the City Commission, I believe the court
incorrectly ruled, and I did not even make that point iul the Motion to Dismiss I filed. If necessary,
the other attorney and I will get with the court to correct what I believe is an error in the court's
decision.
8. In my discussions with Mr. Sutto>tt's attorney, there is a possibility that this entire
matter may become moot, thereby eliminating the necessity of aay further court action. I will
notify the City if that becomes the case..
9. A hearing was previously scheduled for October 19, 2001, on the Motion to
Dismiss I filed.
Please advise the members of the Code Enforcement Board that they are free to contact me if they
have any questions at all regarding the above matter.
The information contained in this facsimile message is attorney privileged attd confidential information intended only
for the use of the individual or entity named above. 1f the reader of this message is not the intended recipient, or the
employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any disscrpination,
distribution or copying of this commutticauott is strictly prohibited, ff you have received this coriumuttication ita
error, pleax immediately notify us by telephone arid returzt the original message to us at the above address via U.S.
Postal Service. Thank you.
Exhibit (1 )
Property Appraiser Track Info tion Page 1 of 1
•
RE No.: 170703 0432
Owner's Name: BAKER, JAMES W ET AL
Property Address: 598 SEASPRAY AV Unit No.
ATLANTIC BEACH 32233
Mailing Address: 598 SEASPRAY AVE
ATLANTIC BEACH , FL 32233-4165
Property Use: 0100 SINGLE FAMILY
Legal description: 35-64 17-2S-29E SEASPRAY LOT 33 BLK 4
ANLYN W RODDY(SIS) O/R BK 5284-159
Neighborhood: 941601 SALTAIR NBHD Sec-Twn-Range: 17-2S-29E
OR BK & Page: 05284-0159 Map Panel: 556A4
Sale Date: 2/5/1981 No. Buildings: 1
Sale Price: $49,000.00
Land Value: $15,908.00 Heated Area: 1872
Class Value: $0.00 Exterior Wall: COMMON BRICK]
Improvements: $99,936.00 Taxing Authority: USD3
Market Value: $115,844.00 County Tax: $527.53
Exempt Value: $25,000.00 School Tax: $615.96
Assessed Value: $90,766.00 District Tax: $208.62
Taxable Value: $65,766.00 ,Total Tax: $1,352.11
1161] PI Mt
Home PRC Map-IT
12321 1'7
http://pawww.coj.net/pub/property/RENO.asp?RENUM=170703+0432 10/19/00
Exhibit (2)
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"logo
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT DIVISION
800 Seminole Road
• Atlantic Beach, Florida 32233
• • PHONE: 147-5855
COURTESY
NOTICE OF VIOLATION
t JO/0a •M-i "it;.2•4\•P%
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OWNERMUn\ vs )., ,•,,,,,,,,
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ADDRESS
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THE INSPECTION MADE OF THE. ABO' E PREMISES
THIS DATE DISCLOSE)) YOU WERE IN VIOLATION OF
ORDINANCE: /2.-/ ---.)-
11749,11.17,e, PeehidestIadiis4
OF THE CODE OF THE CITY OF ATLANTIC BENCH,
FLORIDA.
YOU CAN COMPLY BY A
/". -rnifi twilis Irro/e t2 ' /
ir74 y 4-ri.,C
WITHIN /0 DAYS OF THIS NOTICE
(t71/ 1 -E /0 ek-Cieff //44117
THIS IS A COURTESY NOTICE IN ORDER TO MAKE
• YOU AWARE OF A VIOLATION OF THE CITY CODE
OF ATLANTIC BEACH. IF YOU HAVE ANY QUESTIONS
OR WOULD LIKE ADDITIONAL INFORMATION
PERTAINING TO THIS NOTICE, PLEASE CALL
ATLANTIC BEACH CODE ENFORCEMENT OFFICE.
CODE ENFORCEMENT C
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One of three junk vehicles located in back yard
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Backyard of 598 Seaspray - 5 March 2001
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Rubbish and debris along northside fence
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Backyard of 598 Seaspray - 5 March 2001
One of several covered piles located throughout
Exhibit (6)
PS Form 3800,April 1995 -
0 d 2 F N o fD N o (/)o N o o C
• r f„3 a w. m CO m p H n OO
CDC p m a B. nn c° F,,
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March 7, 2001 )-2 T su
W � N
Mr. James Baker W ��
598 Seaspray Ave
Atlantic Beach, FL 32233
Subject: Atlantic Beach Code of Ordinances, Chapter 12: Nuisances, Chapter 21: Traffic &
Motor Vehicles and Chapter 24, Zoning and Subdivision Regulations.
Dear Mr. Baker,
Tax Records indicate that you are the owner of the following property:
Re: 598 Seaspray Ave
A/k/a: 35-64 17-2S-29E Seapray Lot 33, Blk 4
RE# 170703-0432
Consider this letter as an official Notification of Violation. On October 19, 2000,the City's
Code Enforcement Officer identified the property commonly known as 598 Seaspray to be in
violation of several City Codes. These violations were for the accumulation of excess refuse and
abandoned vehicles. A Courtesy Notice of Violation was placed on the front door of 598
Seaspray Ave.
On October 26, 2000, a meeting with a Mr. Marvin Baker, who identified himself as your brother
and caretaker of the property, was held. During the meeting, an inspection of the property was
conducted, several violations were identified, and Mr. Marvin Baker agreed to correct the
violations over an unspecified amount of time, with monthly progress checks. Over the last four
months, several attempts were made to verify that progress, with no results.
On March 5, 2001, Mr. Marvin Baker escorted the City's Code Enforcement Officer to verify
what had been accomplished to bring your property into compliance. While there had been some
progress in removing the accumulated refuse, additional violations were identified and additional
refuse had been deposited elsewhere on your property. The rate of progress in bringing your
property into compliance and the additional refuse found on your property is unacceptable.
The following violations have been identified and must be corrected within thirty (30) days
• . of receipt of this letter:
City Ordinance: Chapter 12, Nuisances, Sec 12-1 (1) (2) (3) - Refuse accumulation.
1. Remove all refuse from property.
City Ordinance: Chapter 24, Accessory Uses and Structures, Sec 24-151 (3)f—More then one
accessory building.
2. Remove all sheds erected without a permit, only one shed per property permitted.
City Ordinance: Chapter 24, Building Permits, and Sec 24-65 - Building Permit—No building
permit for accessory building.
3. Provide or obtain a permit for any existing sheds on the property.
City Ordinance: Chapter 21, Traffic & Motor Vehicles, Sec 21-24 (b) Accumulation of
inoperative vehicles.
4. Make all inoperative automobiles operational or remove from property.
No further extensions will be granted. Furthermore you are reminded of your responsibilities as
a property owner and that failure to comply will constitute a violation of city code. Continued
violations can incur fines of up to $500.00 per day, per violation from the Code Enforcement
Board.
Should you have any questions or concerns involving this matter, you can contact me at (904)
247-5855.
Sincerely,
ALEXANDER J. SHERRER
Code Enforcement Officer
SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1, 2,and 3.Also completetem 4 if Restricted Delivery is desired. A. Received.by(Please Print Clearly) B. Date of Delivery
i .. .
■ Print your name and address on the reverse.- f-4
so that we can return the card to you. C. Signature
Attach this card to the back of the mailpiece, ❑
or on the front if space permits. X Agent
`A// c
0 Addressee
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
If YES,enter delivery address below: 0 No
spza .A=
�_A o [7 5��3 3. Service Type
��L, 1 0 Certified Mail 0 Express Mail
0 Registered 0 Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee)
0 Yes
. Article Number(Copy from service label)
a � -e/ aik g s s-
S Form 3811,July 1999
Exhibit (7)
1
4 . �`,
! ,•t' _
CITY OF
Mt
i: '.io ,Iiii ioiik
tkicustcc Eeetd - evlida
716 OCEAN BOULEVARD
P.O.BOX 25
' ATLANTIC BEACH,FLORIDA 32233
r4,. . ;3 r TELEPHONE(904)249-2395
February 28, 1989
, Mr. James W. Baker
598 Seaspray Avenue
Atlantic Beach, Florida 32233
Dear Mr. Baker,
Our records indicate that you are the owner of the following
property in the City of Atlantic Beach, Florida:
Lot 33, Block 4, Seaspray
RE: 170703-0432 (CRS010000040)
598 Seaspray Avenue
Investigation of this property discloses and we have found and
determined that the property is in violation of Chapters 12 and
21 of the Code of Ordinances of the City of Atlantic Beach in
that junked or inoperable vehicle(s), automobile parts, and
miscellaneous items are being improperly stored. All such items
must be stored completely within an enclosed building and not be
visible from the street.
Further we have determined that a violation exists of Chapter 23 •
in that excessive weeds, underbrush and/or other growth is
exceeding a height of twelve (12) inches along the western
portion of the property.
We ask that you take immediate corrective action to remedy the
situation and continue to maintain your property on a regular
basis.
Than y. . _ r your cooperation.
41
CI Y OF ATLAN , BEACH
CODE ENFORCE OFFICER
cc: file
o6` le
o
RESOLVED
4
e CITY OF
• "r��+l�e�r a V...W.IIY (NptrvW
,I 800 SEMINOLE ROAD
- ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE(904)247-5800
FAX(904)247-5805
•
June 18, 1992
;
Dalr�
YI
=eac , L 32233
"o1
r
Dear Sir" : /
it,
This letter is to confi, our conversation of June 15, 1992.
You have agreed in this conversation to have the grasp: cut at 598
Seaspray Avenue within seven (7 ) days. You have also agreed to
have the following vehicles repaired and/or updated license
plates on them within thirty (30) days:
1965 Ford Van
1970 Chrysler New Yorker
1970 Volvo Station Wagon
1977 Ford LTD
1978 Dodge
Also you have agreed that you will clean the pool in the
rear yard of your property.
Please contact me at 247-5826 if you have any questa cans_
regarding this matter. I will inspect this property again on
July 14, 1992. Thank you again for your cooperation in this
matter.
Sincerely,
C
Don Ford i
Code Enforcement Officer
DCF/pah
cc : City Manager
. 10/19/00 City of Atlantic Beach 13 : 43 : 58
cMR001 Ci en Complaint Management $ tem FMTA
Complaint # : 0000928 �,omplaint Date : 93/08/18 __ne : 14-19-13
Sfx Last Name First Name MI
Complainant MONTE DEBBIE
Address 5 SEASPRAY
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) 246 - 675-
Complaint TypeTRA TRASH ACCUMULATING IN REAR YARD
Location SEASPRAY
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) -
Property Owner
Compliance Y
Dept/Division30 8 Priority Code . . . . 0 Taken by KARLGRUN
Enter=Validate F1=Help Window F2=Investigation Screen F3=Exit F9=Print
F12=Restart
• 10/19/00 City of Atlantic Beach 13:29:23
CMROO1 Ci an Complaint Management : tem FMTA
Complaint # : 0000985 complaint Date: 93/09/27 _me : 16-52-32
Sfx Last Name First Name MI
Complainant MR MONTE _
Address 596 SEASPRAY AVE
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) 246 - 675
Complaint Type. . . NUS JUNK IN REAR YARD
Location 598 SEASPRAY AVE
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) -
Property OwnerJAMES BAKER
Compliance Y
Dept/DivisionTO 8 Priority Code. . . . 0 Taken by PHARRIS
Enter=Validate F1=Help Window F2=Investigation Screen F3=Exit F9=Print
F12=Restart
. 10/19/00 City of Atlantic Beach 13 : 39 : 31
CMR001 Ci .en Complaint Management tem FMTA
Complaint # : 0001002 ,.omplaint Date : 93/10/11 _ _me : 13-35-49
4
Sfx Last Name First Name MI
Complainant GRUNEWALD
Address CAB CEO
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) -
Complaint Type. . . CAR ABANDONED LINCOLN 4DR BLUE FL HCG79U EXPIRED 12-92
Location 598 SEASPRAY AVE
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) -
Property Owner
Compliance Y
Dept/Division30 8 Priority Code. . . . 0 Taken by KARLGRUN
Enter=Validate F1=Help Window F2=Investigation Screen F3=Exit F9=Print
F12=Restart
. 10/19/00 City of Atlantic Beach 13 :51:33
CMR061 Ci en Complaint Management S :em FMTA
Complaint # : 0002844 --mplaint Date : 95/06/09 ne : 8-56-57
Sfx Last Name First Name MI
Complainant GRUNEWALD
Address CAB CEO
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) -
Complaint Type. . . VEG HIGH GRASS AND WEEDS
Location 598 SEASPRAY
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) -
Property OwnerBARER
Compliance Y
Dept/Division10 8 Priority Code. . . . 0 Taken by KARLGRUN
Enter=Validate F1=Help Window F2=Investigation Screen F3=Exit F9=Print
F12=Restart
- 10/19/00 City of Atlantic Beach 13:30 :50
CMR001 Ci en Complaint Management S :em FMTA
Complaint # : 0005296 .,umplaint Date: 96/10/22 _1e: 15-44-45
Sfx Last Name First Name MI
Complainant MONTE DEBBY
Address SEASPRAY AVE
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) -
Complaint Type. . . VEG HIGH GRASS AND WEEDS IN REAR YARD
Location 598 SEASPRAY AVE
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) -
Property OwnerBAKER
Compliance Y
Dept/DivisionTO 6 Priority Code. . . . 0 Taken by KARLGRUN
Enter=Validate F1=Help Window F2=Investigation Screen F3=Exit F9=Print
F12=Restart
. 10/19/00 City of Atlantic Beach 13:20: 17
CNROG1 Ci en Complaint Management S :em FMTA
Complaint # : 0006258 .,umplaint Date: 97/06/06 __1e: 8-37-48
Sfx Last Name First Name MI
Complainant ANONYMOUS
Address
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) -
Complaint Type. . . CAR TOYOTA, CORONA,GOLD, LXR48X FL 1994
Location 598 SEASPRAY AVE
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) -
Property OwnerBAKER
Compliance Y
Dept/DivisionI0 6 Priority Code . . . . 0 Taken by KARLGRUN
Enter=Validate F1=Help Window F2=Investigation Screen F3=Exit F9=Print
F12=Restart
. 10/19/00 City of Atlantic Beach 13:52 : 30
CMR001 Ci en Complaint Management $ tem FMTA
' Complaint # : 0006257 ,,,,mplaint Date: 97/06/06 _Ile : 8-34-19
Sfx Last Name First Name MI
Complainant ANONYMOUS
Address
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) -
Complaint TypeTRS CARPETING AND OTHER ITEMS STORED IN FRONT OF GARAGE
Location 598 SEASPRAY
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) -
Property OwnerBAKER
Compliance Y
Dept/DivisionI0 6 Priority Code. . . . 0 Taken by KARLGRUN
Enter=Validate F1=Help Window F2=Investigation Screen F3=Exit F9=Print
F12=Restart
. 10/19/00 City of Atlantic Beach 13:32 :27
CMROC1 Ci en Complaint Management S :em FMTA
Complaint # : 0006599 ,..,mplaint Date : 97/08/11 le : 16-26-59
Sfx Last Name First Name MI
Complainant MONTE AL
Address 596 SEASPRAY AVE
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) 246 - 675Z—
Complaint
75wComplaint TypeTRS WORK # OF COMPLAINANT
ABANDONED VEHICLES,TRAILER IN FRONT YARD,WEEDS,VEHICLE
IN FRONT YARD BEING USED FOR STORAGE OF CLOTHING
Location 598 SEASPRAY AVE
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) -
Property OwnerJAMES BAKER
Compliance Y
Dept/DivisionTO 6 Priority Code . . . . 0 Taken by KARLGRUN
Enter=Validate F1=Help Window F2=Investigation Screen F3=Exit F9=Print
F12=Restart
. 10/19/00 City of Atlantic Beach 13 : 50 : 11
C'MR0C1 Ci en Complaint Management S :em FMTA
Complaint # : 0007491 .,.,mplaint Date : 98/03/31 _ 1e : 14-53-47
Sfx Last Name First Name MI
Complainant HARTKMEYER STEVE
Address 455 HELMSMAN DR
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) 398 - 7334
Complaint TypeCAR ABANDONED VEHICLES IN FRONT OF HOUSE
TRAILER
TRASH
Location 598 SEASPRAY
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) -
Property OwnerBAXTER
Compliance Y
Dept/Division1-0 6 Priority Code . . . . 0 Taken by KARLGRUN
Enter=Validate F1=Help Window F2=Investigation Screen F3=Exit F9=Print
F12=Restart
. 10/19/00 City of Atlantic Beach 13 :21:55
GMR001 Cil en Complaint Management S :em FMTA
Complaint # : 0007518 .,.,mplaint Date: 98/04/02 _ __le: 15-47-01
r
Sfx Last Name First Name MI
Complainant CAB
Address CEO
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) -
Complaint Type. . . TRS CHAP 12-1-7 TRASH AND DEBRIS STORED IN FRONT YARD
CHAP 12-1-3 HIGH GRASS AND WEEDS W. SIDE OF FRONT YARD
CHAP 24-13-2 HOUSE TRAILER STORED IN FRONT OF FRONT
FRONT YARD SET BACK LINE
Location 598 SEASPRAY AVENUE
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) -
Property OwnerJAMES BAXTER
Compliance Y
Dept/DivisionTO 6 Priority Code. . . . 0 Taken by KARLGRUN
Enter=Validate F1=Help Window F2=Investigation Screen F3=Exit F9=Print
F12=Restart
. 10/19/00 City of Atlantic Beach 13:34 : 10
t0C1. Cit :n Complaint Management S: am FMTA
Complaint # : 0008574 �umplaint Date: 99/08/30 14-07-40
Sfx Last Name First Name MI
Complainant MONTE DEBRA
Address 596 SEASPRAY AVE
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) 246 - 675
Complaint TypeNUS BACK YARD IS TRASHED
Location 598 SEASPRAY AVE
City/State/ZipATLANTIC BEACH , FL -
Phone/Extn ( 904 ) -
Property Owner. JAMES W. BAKER
Compliance Y
Dept/DivisionTO 6 Priority Code. . . . 0 Taken by KARLGRUN
Enter=Validate F1=Help Window F2=Investigation Screen F3=Exit F9=Print
F12=Restart
Exhibit (8)
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
OCTOBER 26 , 1993
JAMES W. BAKER
598 SEASPRAY AVENUE
ATLANTIC BEACH, FL. 32233
Dear MR. BAKER:
The Code Enforcement Board of the City of Atlantic Beach was
created pursuant to Florida Statutes and exists for the purpose
of facilitating the enforcement of the Code of Ordinances. It is
comprised of seven citizens, residents of Atlantic Beach, who
meet regularly to hear allegations of code violations.
You are hereby notified and ordered to appear at the next
public hearing of the Code Enforcement Board on Tuesday, the 9TH
day of NOVEMBER, 1993 AT 7: 30 P. M. at Atlantic Beach City Hall,
800 Seminole Road, to answer and be heard to the alleged
violation (s) of Section(s) 12-1-7 - (OPEN STORAGE NOT
PERMITTED) of the Code of the City of Atlantic Beach. It is
alleged that you are in violation of the above enumerated code
section(s) in that there exists on the premises located at 598
SEASPRAY AVENUE, ATLANTIC BEACH, FL. condition (s) : OPEN STORAGE
NOT PERMITTED .
The Code Enforcement Board has the power to levy fines up to
$250 . 00 per day, against the property, if a violation is found to
exist beyond the date set by the Board for compliance.
You have the right to obtain an attorney at your own expense
and to present witnesses in your behalf. If you desire to have
witnesses , subpoenaed or if you have questions regarding the
procedure, please contact Trudy Lopanik, Secretary of the Code
Enforcement Board within five days of the receipt of this notice
at 247-5821 . Please note the presence of a court reporter for
the purpose of insuring a verbatim record in the event of an
appeal should be secured at your expense.
Sincerely,
_67e_e_e-2.4 *.
eorge Eg. Martin
Vice Chairman, Code Enforcement Board
I
CODES ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH
''// RECEIPT OF NOTIFICATION
I , f,.�A R L f'(/, e',,FvrvEGc...-4 /Csved notification to:
JAMES W. BAKER at 598 SEASPRAY AVENUE ATLANTIC BEACH
or Atlantic Beach,
Florida
this � day of , 1993 .
at e A.M. • .M
This notification was in reference to: A NOTICE OF HEARING of the
Codes Enforcement Board to appear at its meeting of NOVEMBER 9 ,
1993 .
Signature of Server: Yr
4 % --t _ ,�
Signature of Receiver: 4207,/ftiJ % '7 z '
Dated: / // a/y'3
Please return to the City Clerk' s Office. Thanks
t
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CASE NO. 0062
RE: VIOLATION OF SECTION 12-1-7 OF THE ATLANTIC BEACH CITY
CODE.
LEGAL DESCRIPTION: LOT 33, BLOCK 4 , SEASPRAY, RE#170703-0432-2,
(ALSO KNOWN AS 598 SEASPRAY AVENUE)
The Code Enforcement Board has heard testimony at the Code
Enforcement Board hearing held the 9TH day of NOVEMBER
1993 , and based on the evidence, the Code Enforcement Board
enters the following FINDINGS OF FACT, CONCLUSIONS OF LAW,
FINDINGS OF FACT
James W. Baker was found to be in violation of Section 12-1-7.
The Board agreed to grant Mr. Baker 30 days , until December 10,
1993 , to bring the property into compliance to the satisfaction
of the Code Enforcement Inspector. If the property is not
brought into compliance by December 10, 1993 a fine of $50 . 00 per
day shall be levied against James W. Baker.
CONCLUSIONS OF LAW
There was competent, substantial evidence presented to support a
finding of a violation of the Ordinance Code as charged.
ORDER
It is the Order of this Board that JAMES W. BAKER shall comply
with Paragraph Two, Findings of Fact, as stated above.
If JAMES W. BAKER does not comply within the time specified,
he shall pay a fine of $ 50. 00 per day for each day the
violation continues to exist.
If N/A does not comply within the time specified, a certified
copy of this Order, together with a Claim of Lien, shall be
recorded in the public records of the Office of the Clerk of the
Circuit Court in and for Duval County, and once recorded shall
constitute a lien against the property upon which the violation
exists, or if you do not own the land, upon any other real or
personal property owned by you, pursuant to Chapter 162, Florida
Statutes.
Upon complying, JAMES W. BAKER shall notify the Code
Enforcement Officer who shall inspect the property and notify the
Board of compliance.
Should a dispute arise concerning compliance, either party may
request a further hearing before the board.
DONE AND ORDERED THIS 9th DAY OF NOVEMBER , 1993 .
�
l
9 .• Sec. George E. Ma tin, Chairman
Code Enforcement Board
CITY OF
teaottfc &ad - 9eauda
800 SEMINOLE ROAD
4 .
-,- __-_ �- ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE(904) 247-5800
Ok FAX(904)247-5805
October 14 , 1993
Mr . James W . Baker -
598 Seaspray Avenue
Atlantic Beach, FL 32233
Dear Mr . Baker :
Our records indicate that you are the owner of the following
described property in the City of Atlantic Beach, Florida:
598 Seaspray Avenue
a/k/a/ Lot 33, Block 4, Seaspray
RE#170703-0432-2
Investigation of this property discloses and I have found and
determined that the following City of Atlantic Beach Ordinances are
in violation:
Section 12-1-7 (Open Storage Not Permitted)
(See Enclosure)
As prescribed in Florida Statute 162 .06(3) (Enforcement
Procedure) this is a repeat violation. You will be notified by
certified mail when to appear before the Code Enforcement Board.
Under Florida Statute 162 . 09 the Code Enforcement Board may
impose fines up to $500 . 00 per day for a repeat violation.
Sincerely,
/'./- l /P/7,
v7/CLQ
Karl W. Grunewald
Code Enforcement Officer
K47G/pah
cc : City Manager
Don C . Ford
VIA HAND DELIVERY
•
• CITY OF
' ,;:� iVeleuttic 'e e - vara
800 SEMINOLE ROAD
°'•�j _ - ATLANTIC BEACH,FLORIDA 32233-5445
•
4t TELEPHONE(904)247-5800
FAX(904)247-5805
CERTIFICATE OF SERVICE
I , Karl W. Grunewald , hereby certify that
I delivered a notice to James W. BAker
at 598 Seaspray Avenue Atlantic Beach; FLorida
32233 , this //:5/ day of October , 1993
atj4 ' �O O' clock ? M.
This notification was in reference to
CITY OF ATLANTIC BEACH Code Enforcement re violation of Section 12-1-7
SIGNATURE OF SERVER: �/ _ -
SIGNATURE OF RECEIVER: r.� �'�/. �i�f`L ''•
/15
DATED: ��/77
•
CITY OF ALTANTIC BEACH
COMPLAINT MANAGEMENT SYSTEM
TAKEN (date/time) : / j9 3 /
COMPLAINANT: ��j
ADDRESS: Last Name First Name MI
CITY/STATE/ZIP: 4 -8 C
TELEPHONE: ( ) 79/ _
COMPLAINT: ",; "
•
/(--1/S e , TTvi
LOCATION: \J-Y5-
PROPERTY
y5-
PROPERTY OWNERS PHONE: ( ) _
PROPERTY OWNERS NAME:
DEPARTMENT FORWARDED TO:
COMPLAINT TAKEN BY: DATE/TIME: i
OFFICE USE ONLY -
INVESTIGATED: (date/time) /.7777 3
ASSIGNED DEPT. /-DIVISION: / /d._ � PRIORITY:
INVESTIGATOR: �7
CONDITIONS FOUND: a,„7--
49,4/
SOU
/lii Tf7` ?/yPe�i4 l �L j
ACTION TAKEN: 4 " r, �7/
COMPLIANCE:
NOTES:
• CITY OF ALTANTIC B ,FIIr1 n
« COMPLAINT EACH g4.A I LI ,
MANAGEMENT SYSTEM >;
(. a 1 A 1993
TAKEN (date/time) : /Q / `{/ q3 /0 /5
Building and Zoning
COMPLAINANT: • 1410t4-f.Q- fi ,p.I
Last
ADDRESS: ' q� Name ,4�P First Name MI
CITY/STATE/ IP: _
/ r44,,,E--,� , f '• .5_1...13 3
TELEPHONE: (q0"-{) -)4(.. - (0 7 5 cx>c42 K 7 q I C. ..2_
COMPLAINT: lAJ / Oc7D I I /A 4e/ ate Q J vAlk_ fief
6)
N/2973 / TEe /•Oil as i)
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(� Ia� � 4 . t s v, - s/iexr tk4/
LOCATION: Cd �/ 4'e441.,-
PROPERTY OWNERS - G
PHONE: ( ) _ ;2;,74�
PROPERTY OWNERS NAME: '
DEPARTMENT FORWARDED TO:
COMPLAINT TAKEN BY: DATE/TIME:
•
OFFICE USE ONLY -- —
INVESTIGATED: (date/time)
ASSIGNED DEPT. /DIVISION:
INVESTIGATOR: PRIORITY:
1
CONDITIONS FOUND:
ACTION TAKEN:
COMPLIANCE:
-- -- — -
—
NOTES: — — --
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Exhibit (9)
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CASE NO. 98-7518
RE : VIOLATION OF Chapter 12 . Sections 12-1-3 and 7 and Chapter
24 . Sections 24-163-2 OF THE ATLANTIC BEACH CITY CODE OF
ORDINANCES .
LEGAL DESCRIPTION: RE##170703-0432 . aka Lot 13 . Block 4. Seaspray
(598 Seasprav Ave. e)
The Code Enforcement Board has heard testimony at the Code
Enforcement Board hearing held the ftth day of September ,
1998, and based on the evidence, the Code Enforcement Board enters
the following FINDINGS OF FACT, CONCLUSIONS OF LAW:
FINDINGS OF FACT
Marvin Baker, representing his brother James Baker, owner of the
property, was found to be a repeat violator in violation of
Sections 12-1-3, 12-1-7 and 24-163-2 of the Code. The Board voted
to assess a one time fine of $250 .00 against said property. If the
property is found to be in non-compliance again, the Board voted to
impose a $100 . 00 per day fine against said property from the day
the property is cited until compliance is reached to the
satisfaction of the Code Enforcement Official . The Board also
voted to assess Mr. Baker $110 . 68 administrative costs .
CONCLUSIONS OF LAW
There was competent, substantial evidence presented to support a
finding of a violation of the Ordinance Code as charged.
ORDER
It is the Order of this Board that Mr. Baker shall comply with
Paragraph Two, Findings of Fact, as stated above. If N/A does
not comply within the time specified, he shall pay a fine of N/A
per day for each day the violation continues to exist beginning
from the day the property is cited.
If N/A does not comply within the time specified, a certified copy
of this Order, or a Claim of Lien, shall be recorded in the public
records of the Office of the Clerk of the Circuit Court in and for
Duval County, and once recorded shall constitute a lien against the
property upon which the violation exists, or if you do not own the
land, upon any other real or personal property owned by you,
pursuant to Chapter 162, Florida Statutes .
Should a dispute arise concerning compliance, either party may
request a further hearing before the board.
DONE AND ORDERED THIS 8th DAY OF September , 1998 .
Attest :
Ottjx,u /0
/rL 4,1-14fr
KEN RO OSSKE, Chairman
Secretary Code Enforcement Board
` ..tiy�^;:.� , CITY OF
.,
ta°curt;C Fate( - Qevruda
- yr 800 SEMINOLE ROAD
4 ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE (904) 247-5800
FAX (904) 247-5805
SUNCOM 852-5800
September 14, 1998
Marvin Baker
598 Seaspray Avenue
Atlantic Beach, FL 32250
Reference: Code Enforcement Board Meeting - September 8, 1998
Administrative Expenses and Fine for Case No. 98-7518- RE#170703-0432
Dear Mr. Baker:
During the September 8, 1998 Code Enforcement Board Meeting you were assessed $110.68 for
administrative expenses incurred by the City of Atlantic Beach in processing this case and fined
a one time fine of$250.00. The amount is due and payable to the City of Atlantic Beach within
thirty (30) days from the date of this letter. If not paid within thirty days,the $360.68 will
become a lien against your property with interest of 10%per annum from the date of certification
until paid.
If you have any questions concerning these costs, please do not hesitate to contact me.
Sincerely,
CITY OF ATLANTIC BEACH
Karl Grunewald
Code Enforcement Officer
KG/jmb
Marvin Baker September 8, 1998 Code Enforcement Board Meeting
598 Seaspray Avenue Administrative Costs Assessed
Atlantic Beach, FL 32250 Case #98-7518 - RE#170703-0432
Amount Due: $360.68
PLEASE ENCLOSE THE SECOND COPY OF THIS LETTER WITH YOUR PAYMENT.
P. 'kT/o
o j" City of Atlantic Beach
J -1 ,-,
'CORVOP Code Enforcement Board Case Presentation
C. B. Date: Sept.8, 1998 Defendant:_James BAKER
Case # 98- -7518 Location: 598 Seaspray Ave
Lot 33,BIk4, Seaspray
RE # 170703-0432
Violation : Chapter 12, Sec 12-1-7 ( outside storage)
Chapter 24, Sec. 24-163-2 ( recreational vehicle )
Chapter 12,Sec. 12-1-3 ( high grass and weeds)
Owner Occupied: x Rental .. Homestead: yes x No_
Code Enforcement Board Members:
1 . Inspection of the above property revealed that a violation of the code of the City
of Atlantic Beach is present. Ownership of the property was determined through
the x tax records, a title search, Other
2. The nature of the violation is: 1 . Abandoned vehicles and travel trailer, High
grass and weeds, outside storage.
3. Inspection of the property was prompted as a result of a complaint x Routine
Inspection X
4. Notice of violation was issued to occupant x on April 3,1998
5. Notice was achieved by certified mail X hand delivery posting_
method of service meets with requirements of Fl S.S.162-12.
6. I did x speak with the owner X occupant X of the property.
7. The latest inspection was a result of following up and routine inspection.
1
f
8. The violation is still present X , in compliance
9. In order to achieve compliance, it is necessary to remove the Trailer, car and
other items from the front yard as well as cut all of the vegetation. The rear yard
must be cleared of all junk vehicles and other outside storage.
10. I do X Do not have photographs of the property and violations as they
exist on the property. They represent a fair and accurate representation of the
property at the time they were taken.
11 . I would estimate that 30 days would be sufficient time to correct the violation.
Further comments: This property has been a continuing problem dating back to 1993.
The Bakers have with regularity brought the property into compliance only to allow it to
again fall into non compliance. There is located in the front yard a small travel trailer
that violates Chapter 24, Sec 24-163-2, recreational vehicles must be stored behind the
front yard set back line, this trailer has not been moved in years. There is a Dodge,
Diplomat, White/Blue, Reg.J873987 FI Temp, Exp.4-30-98 stored in the front yard, the
vehicle is filled with trash and appears to be inoperable on a public road. The
vegetation is high and the property generally unkept. The rear yard has become a junk
yard of cars and other items.
Mr. Baker appeared before the board January 4,1994. This is a repeat violation.
Recommendations: It is my recommendation that a one time fine be placed against
this property in the amount of $500.00. That a time certain be stated for compliance
with a daily fine of $100.00 per day if compliance is not meet in that time . That a Fine
of $500 per day be noted should the property ever fall into non compliance again.
Witness and Complainant: Mr. Al Monte, 596 Seaspray Ave.
Karl W. Grunewald
Code Enforcement Officer
2
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
CASE NO. 98-7518
August 5, 1998
James Baker
598 Seaspray Avenue
Atlantic Beach, FL 32233
Dear Mr. Baker:
The Code Enforcement Board of the City of Atlantic Beach was
created pursuant to Florida Statutes and exists for the purpose of
facilitating the enforcement of the Code of Ordinances . It is
comprised of seven citizens, residents of Atlantic Beach, who meet
regularly to hear allegations of code violations .
You are hereby notified and ordered to appear at the next
public hearing of the Code Enforcement Board on TUESDAY, the 8th
day of September, 1998 AT 7 :30 P. M. at Atlantic Beach City Hall,
800 Seminole Road, to answer and be heard to the alleged
violation(s) of the following Section(s) : Chapter 12 . Sections 12-
1-3 and 7 and Chapter 24. Section 24-163-2 of the Code of the City
of Atlantic Beach. It is alleged that you are in violation of the
above enumerated code section (s) in that there exists on the
premises located at 598 Seaspray Avenue (RE#170703-0432, aka Lot
33 , Blk 4, Seaspray) in the City of Atlantic Beach, the following
condition (s) : Travel trailer stored in front of the front yard
setback line. abandoned Dodge Diplomat in front yard filled with
trash and high vegetation (grass and weeds) on the property.
The Code Enforcement
Board has the power to levy fines up to $250 . 00 per day for the
first offense and $500 . 00 for the second offense against the
property, if a violation is found to exist beyond the date set by
the Board for compliance .
You have the right to obtain an attorney at your own expense
and to present witnesses in your behalf . If you desire to have
witnesses, subpoenaed or if you have questions regarding the
procedure, please contact Julie Brandt, Secretary of the Code
Enforcement Board, within five days of the receipt of this notice
at 247-5821 . Please note the presence of a court reporter for the
purpose of insuring a verbatim record in the event of an appeal
should be secured at your expense .
Sincerely,
ATTEST:
Xktfa`Z
ECRETARY Ken Rogos e e
Chairman, C de Enforcement Board
Code Enforcement Administrative Charges for Presentation to the Board
Pursuant tO F SS 162 . 07 (2) the following charges for prosecuting this case before the code
enforcement shall be charged to each violator provided they be found in violation. Such costs may
be included in a lien authorized under s. 162.09 (3) if not paid within 30 days.
Case Number 7518, James Baxter, 598 Seaspray Ave.
Code Enforcement Officer, $ 14.43 per hour x 3 hours= $ 43.29 $ 43.29
Prosecuting Attorney, $ 100.00 per hour x .5 hours = $ 50.00 $ 50.00
Code Enforcement Secretary , $ 9.83 per hour x 1 hour= 9.83 $ 9.83
Postage, Cert Mail , $ 2.52 x 3 = $ 7.56 $ 7.56
Total Charges $ 110.68
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 98-7518
Petitioner, )
vs . ) SUBPOENA
•
JAMES BAKER
Respondent. )
TO: NAME: JAMES BAKER
STREET 598 SEASPRAY AVENUE
CITY ATLANTIC BEACH,
STATE FL 32233
GREETINGS:
YOU ARE HEREBY COMMANDED to be and appear before the Code
Enforcement Board of the City of Atlantic Beach, Florida at City
Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the
8TH day of SEPTEMBER 1998 at 7 : 30 . p. m. in reference to
violation of Section (s) : 12-1-3 AND 7,AND 24-163-2 ABANDONED
VEHICLES AND TRAVEL TRAILER STORED IN FRONT OF FRONT YARD SETBACK
LINE, HIGH GRASS AND WEEDS IN FRONT YARD LOCATION OF VIOLATION:
598 SEASPRAY AVENUE
Failure to appear subjects you to penalty of law.
Dated this 5TH day of AUGUST , 1998 .
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
BY1 ebacnat
Secretary
(•-ZsAM
-
POLICE DEPARTMENT: AFTER THE NOTICE HAS BEEN DELIVERED PLEASE
RETURN THIS RECEIPT TO THE CITY CLERK' S OFFICE. THANK YOU.
CODES ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH
RECEIPT OF NOTIFICATION
I, /94, .P/ served notification to:
AL MONTE
596 SEASPRAY
ATLANTIC BEACH, FL 32233
727
this /a day of 457, , 1998 .
AT /7/ 0-r- 4"/P.M.
This notification was in reference to: A NOTICE OF HEARING OF THE
CODE ENFORCEMENT BOARD TO APPEAR AT ITS MEETING OF SEPTEMBER 8,
1998 7 :30 P.M. CITY COMMISSION CHAMBERS, 800 SEMINOLE ROAD,
ATLANTIC BEACH, FLORIDA.
Signature of Server: / A
Signature of Receiver:
/5 7e
of��
Dated:
Please return to the City Clerk' s Office. Thank you.