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09/17/03 vCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES SEPTEMBER 17, 2003 Call to order: PRESENT: Curtis Sanders, Chairman Ray Breault Christopher Shea Mamie Hurd AND: Alex Sherrer, Code Enforcement Officer, Suzanne Green, Prosectuting Attorney Alan Jensen, City Attorney Ellen LaVake, Secretary ABSENT: Carl Russell (excused) Richard Mann Peter Wynkoop The meeting was called to order at 7:00 p.m. by Chairman Curtis Sanders, followed by the Pledge of Allegiance to the Flag. The Secretary read the roll, finding that Board Members, Carl Russell, Richard Mann, and Peter Wynkoop were absent. Chairman Sanders stated that Carl Russell had called him and said he would be unable to attend the meeting. 1. Approval of the Minutes of the Workshop Meeting held on May 6, 2003 Following a brief review of the Mimites of the May 6, 2003 meeting, the minutes were unanimously approved 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 at the meeting. 3. Unfinished Business: Code Enforcement Officer Alex Sherrer reported on the following case: A. COMPLIANCE: (1). Case No.: 651-01, Kelly & Ruth Wilson, 615 Atlantic Blvd., the City Commission granted the Wilsons an extension until September 2003 to present engineering plans for a new sign. Code Enforcement Alex Sherrer reported. that Wilson & Wilson obtained a building permit for the new sign and the plans were approved. They have a year to complete the installation of the sign, and are in compliance. 4. Public Hearings: Case No.: 1331-02, Valda Hector, 387 Skate Road, Atlantic Beach, FL, Chapter 24, Section 6-16 FAILURE TO PROCURE A BUILDING P ERMIT P ER FLORIDA BUILDING CODE; Chapter 24, Sec 24-151 (b) (1) h ACCESSORY STRUCTURE EXCEEDING 150 SQUARE FEET; Chapter 24, Sec 24-104 (e) (2) STRUCTURE WITHIN 20-FOOT REAR SETBACK; Chapter 24, SEC 24-48 (8) FAILURE TO COMPLY WITH A COMMUNITY DEVELOPMENT BOARD ORDER. Chairman Sanders read the hearing procedures for the case, introduced everyone present and all witnesses were sworn in. Code Enforcement Officer Sherrer introduced Lincoln Casimir, Valda Hector's brother, who was authorized to represent her. Mr. Sherrer stated that Mrs.Hector did not sign for the certified letter that the City sent to her, and he posted the property. It was also reported that notification of the hearing was sent to Mr. Hector, owner of the property, who was overseas. Code Enforcement Officer Sherrer then gave the case presentation and his recommendations, which are attached and made part of this official record as ATTACHMENT A . It was reported that all of this information had previously been discussed with Mr. Casimir. At this time Chairman Sanders asked Mr. Casimir if he had any questions. Mr.Casimir stated that his sister, Valda Hector, pleads guilty to all charges and would like to be granted two weekends from the present date to tear down the shed that is in violation and return everything to normal. Board Member Shea asked Mr. Casimir if anyone was presently living in the shed and Mr.Casimir replied "no." Chairman Sanders asked if there were any more questions before he declared the hearing closed and there were none. A motion was made by Chairman Sanders, seconded by Board Member Shea, and unanimously carried to close the public hearing. Chairman Sanders read a recap of Code Enforcement Officer Sherrer's recommendations. A motion was made by Board Member Breault, seconded by Board Member Shea and unanimously carried to accept the recommendations as follows: 1. That the Respondents be granted until September 30, 2003 to bring the shed into compliance. Failure to comply will result in a $250.00 a day fine for every day past September 30, 2003, 2. That the Respondents be assessed $605.03 in administrative fees and be permitted to make payments over a 12 month period. The first payment will be due October 2003 at $50.00 per month with a final payment of $55.03, and 3. Failure to make a payment will result in a lien being filed on the property. Said lien will include all remaining fees plus costs for filing. 2 5. New Business None 6. Board Member Comments: Chairman Sanders distributed copies of the History of the Code Enforcement Board written by Robert Hamilton of the Institute of Government at the University of Central Florida to all board members. He requested that the Board Members read and familiarize themselves with the material. 7. Adjournment: A motion was made by Board Member Shea, seconded by Board Member Breault and unanimously carried to adjourn the meeting. The meeting adjourned at 7:25 P.M. arc n Code Enforcement Board Attest: Ellen LaVake -Secretary V I c-fi ~~~41~rJ 3 ~® ~ A FM~ A ~. SEPTEMBER 17, 2003 ~_.- CODE ENFORCEMENT BOARD MEETING ,. CASE PRESENTATION CITY OF ATLANTIC BEACH *'~~ C.B. Date: September 17, 2003 Defendants: MR. HARTSON G. HECTOR 8~ MRS VALDA HECTOR Case # 1331-02 Location: 387 SKATE RD A/K/A 31-016 38-2S-29E USD3 RIP OF PT OF ROYAL PALMS UNIT 2A LOT 2 BLOCK 24 VALDA D O/R BK7196-4 RE# 171670-0000-7 Violations: CHAPTER 6, SEC 6-16 FLORIDA BUILDING CODE AS ADOPTED, NO BUILDING PERMIT, NO INSPECTIONS a. Florida Building Code Section 104-1 (permit application) b. Florida Building Code Section 105.6 (required inspections) CHAPTER 24, SEC 24-151 (b) (1) h. ACCESSORY STRUCTURE EXCEEDS 150 SQUARE FEET CHAPTER 24, SEC 24-104 (e) (2) STRUCTURE WITHIN THE 20-FOOT REAR YARD SET BACK CHAPTER 24, SEC 24-49 (8) FAILURE TO COMPLY WITH COMMUNITY DEVELOPMENT BOARD 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 6, SEC 6-16 FLORIDA BUILDING CODE AS ADOPTED, NO BUILDING PERMIT, NO INSPECTIONS a. Florida .Building Code Section 104-1 (permit application) b. Florida Building Code Section 105.6 (required inspections) CHAPTER 24, SEC 24-151 (b) (1) h. ACCESSORY STRUCTURE EXCEEDS 150 SQUARE FEET CHAPTER 24, SEC 24-104 (e) (2) STRUCTURE WITHIN THE 20-FOOT REAR YARD SET BACK CHAPTER 24, SEC 24-49 (8) FAILURE TO COMPLY WITH COMMUNITY DEVELOPMENT BOARD 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: July 17, 2002 5. Notice to the owner-occupant was achieved by: Certified Mail Delivery X Posting of Property. The method of service meets with requirements of Florida Statutes 162-12. 6. I did X did not speak with the owner X someone in charge of the property concerning the violations. PAGE 2 CODE PRESENTATION SHEET 7. Brief description: a. June 7, 2002 the Building Department posted the property at 387 Skate Rd with a Stop Work Order for work being conducted without the proper permits or inspections. Mrs. Hector had converted a l Oft X 17ft shed located in her backyard into a 22ft X 17ft (374 Sq Ft) apartment. b. June 28, 2002 the Building Department re-posted the Stop Work Order after discovering that the original Order had been removed and that work was continuing. c. July 7, 2002 a joint inspection was conducted by the Building Department and Code Enforcement Officer, the Stop Work Order had been removed once more. Mrs. Hector was issued a work list by the Building Department and the property was re-posted with a Stop Work Order d. July 17, 2002 the Code Enforcement Officer discovered that the Stop Work Order had been removed and that the violations were still unresolved. A formal Notification of Violation was issued to the tenant Mrs. Hector shared her home with. e. Mrs. Hector and her brother met with the Building and Zoning Department several times in an effort to resolve the violations, but failed to follow through. f. July 24, 2002 electrical power and water were secured by the Building Department. g. September 9, 2002 Mrs. Hector approached the City Commission to express her case, Mrs. Hector told to apply for a variance for her shed, Code Enforcement action curtailed pending Community Development Board decision. h. November 8, 2002 because several violations remained unresolved, and no variance had been applied for, a second Notification of Violation was drafted and mailed Certified Retum Receipt, but was returned on December 4, 2002 i. December 4, 2002 notification was hand delivered to Mrs. Hector By the Code Enforcement Officer. j. December 30, 2002 Mrs. Hector applied for and received permission to make partial payments in applying for a variance for her shed. k. May 20;2003 in Mrs. Rector's presence, the Community Development Board denied her request and told her she had 30 days to make the shed as original. Written confirmation of the. boards decision were mailed certified return receipt on June 3, 2003 and June 24, 2004, both were returned for non-delivery. 1. July 23, 2003 after several attempts to deliver the Community Development Orders, both letters were posted at Mrs. Hectors Residence. m. July 24, 2003 Inspection of the property revealed that the posted letters had been removed. n. July 30, 2002 Atlantic Beach Police hand delivered copies of Community Development Order to Mrs. Valda Hector. 8. The latest inspection was made August 12, 2001 as a result of following up on the original .complaint(s). 9. The violations involving the non-permitted enlargement of the shed are still present X . 10. In order to achieve compliance, it is necessary to correct all of the violations and maintain the property: By making the existing shed as original by removing the section that was added on 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 7 days would be sufficient time to correct the violations. PAGE 3 ' CODE PRESENTATION SHEET 13. Further Comments: 14 Summary: The Code Enforcement Officer, Building Department and Zoning Department have been working with Mrs. Hector for over a year, she has yet to bring her property into full compliance, stop work orders were removed, and work continued until it became necessary for the Building Department to secure the power and water on July 24, 2002. She has ignored the Community Development Board's Orders and has refused to accept correspondence mailed to her residence. 15 Recommendations: That Mrs. Hector be directed to make the shed as original within 7 days and that the City of Atlantic Beach be directed to contract for the demolishment of the shed if Mrs. Hector fails to bring it into compliance after the 7th day. That all costs for the shed's removal be charged to Mrs. Hector at a cost of the contracted price plus a charge equal to 100% of the cost of the work to cover the City's administrative costs. Should Mrs. Hector correct the violation after the 7"' day but before contracted services can commence demolition, I recommend that she be fined $250.00 per day for every day past 7 seven days.. Furthermore I recommend that Mrs. Hector be assessed the full administrative costs of conducting this hearing ($820.89), per Florida Statute ,, 162.07 (2) and that all fines and administrative fees be paid within 30 days. If not paid within 30 days after receipt of billing, the invoice amount plus advertising costs will be posted as a lien on the property. Respectfully submitted, Alex Sherrer Code Enforcement Officer . ~ ,.,,, 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: September 9, 2003 Case Number; 1331-02: Mrs. Valda Hector, 387 Skate Rd, Atlantic Beach, FL 32233 Code Enforcement Officer, $ 20.83 per hour x 8 hours = $166.64 Zoning Official $ 36.45 per hour x 2 hours = $ 72.90 Building Official $ 46.06 per hour x 3 hours = $ 138.18 Building Inspector $ 27.88 per hour x 2 hours = $ 55.76 Code Enforcement Secretary, $ 23.97. per hour x 3 hours = $ 71.91 Code Enforcement Attorney, $ 125.00 per hour x 2 hours = $250.00 Postage, Certified Mail, $ 4.42 x 5 = $ 22.10 Copies, Xerox $ .10 x 434 pages = 43.40 Total Charges $820.89 September 9, 2003 Alex Sherrer Code Enforcement Officer /'^ CITY & STATE CODES Sec. 6-16. Adoption of Florida Building Code. '^-e is hereby adopted, subject to any modifications, changes and amendments set forth in this article, and for the use of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use a~ ~~ occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as The Florida Building Code established by Florida Statutes Chapter 553, Part VII, as amended from time to time so that the latest edition of The Florida Building Code shall apply, and the Standard Existing Building Code, 1997 edition, and the Standard Unsafe Building Abatement Code, 1985 edition, of which not less than three (3) copies have been and are now filed in the office of the city clerk, and the same are adopted and incorporated as fully as if set out at length in this article, and the provisions thereof shall be controlling in the construction of all buildings and other structures within the city. (Ord. No. 25-02-32, § 2, 11-11- SECTION 104 PERMITS §104.1 Permit application §104.1.1 When required, Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy or occupant content of a building or structure, or any outside area being used as part of the building's designated occupancy (single or mixed) or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the technical codes, or to cause any such work to be done, shall first make application to the building official and obtain the required permit for the work. EXCEPTIONS: 1. Permits shall not be required for the following mechanical work: 1.1. any portable heating appliance; 1.2. any portable ventilation equipment; 1.3. any portable cooling unit; 1.4. any steam, hot or chilled water piping within any heating or cooling equipment regulated by this code; 1.5. replacement of any part which does not alter its approval or make it unsafe; 1.6. any portable evaporative cooler; 1.7. any self-contained refrigeration system containing 10 lb (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less; and 1.8. The installation, replacement, removal, or metering of any load management control device. t •, §105.6 Required inspections. The building official -upon notification from the permit holder or his agent shall make the following inspections, and shall either release that portion of the construction or shall notify the permit holder or his agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. Building 1. Foundation inspection: To be made after trenches are excavated and forms erected and shall at a minimum include the following building components: • stem-wall • monolithic slab-on-grade • piling/pile caps • footers/grade beams 2. Framing inspection: To be made after the roof, all framing, fireblocking and bracing is in place, all concealing wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: • window/door framing • vertical cells/columns • lintel/tie beams • framing/trusses/bracing/connectors • draft stopping/fire blocking • curtain wall framing • energy insulation • accessibility. 3. Sheathing inspection: To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a .minimum include the following building components: • roof sheathing • wall sheathing • sheathing fasteners • roof/wall dry-in. 4. Roofing inspection: Shall at a minimum include the following-building components: • dry-in • insulation • roof coverings ~ • flashing. ~. 5. Final inspection: To be made after the building is completed and ready for occupancy. 6. Swimming pool inspection: • First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete. • Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. 7. Demolition Inspections: • First inspection to be made after all utility connections have been disconnected and secured in such .manner that no unsafe or unsanitary conditions shall exit during or after demolition operations. • Final inspection to be made after all demolition work is completed. Electrical 1. Underground inspection: To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place. 2. Rough-In inspection: To be made after the roof, framing, fireblocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Final inspection: To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. Plumbing 1. Underground inspection: To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough-In inspection: To be made after the roof, framing, fireblocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. 3. Final inspection: To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. NOTE: See §P312 of the Florida Building Code, Flumbing for required tests. Mechanical 1. Underground inspection: To be-made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. 2. Rough-In inspection: To be made after the roof, framing, fire .blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. ~ 3. Final inspection: To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. Gas 1. Rough piping inspection: To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. 2. Final piping inspection: To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This .inspection shall include a pressure test. 3. Final inspection: To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to insure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. ,~', • Sec. 24-151. Accessory uses and structures. Authorization. Accessory uses and structures are permitted in any zoning district when the accessory uses or tures are clearly ancillary, in connection with, and incidental to the principal use allowed within the particular ~_, dng district. (b) Accessory uses by zoning district. Accessory uses and structures shall be permitted only within zoning districts as set forth within this division. (1) In all residential zoning a. Antenna structures for television and radio, but not microwave relay or commercial transmission structures, television and radio antennas of the customary size and design shall not count as accessory structures for the purpose of determining the number of such structures, provided that only one (1) such structure is permitted per residence. b. Children's playhouse and/or juvenile play equipment, not to exceed thirty-six (36) square feet of gross floor area c. Detached private garages and carports, not to exceed six hundred (600) square feet of lot _ area and twelve (12) feet in height, except in accordance with section 24-88. Only one (1) detached private garage or carport shall be allowed on any single residential lot, and such structures shall comply with applicable yard requirements. d. Gazebos and similar structures, not to exceed one hundred fifty (150) square feet and ten (10) feet in height a for flat roof or twelve (12) feet in height for a peaked roof; e. Private swimming f. Home office (but not a home g. Private ball courts and other similar private recreational h. Storage and tool sheds, not to exceed one hundred fifty (150) square feet and ten (10) feet (flat roof) or twelve (12) feet (peaked roof) in height. Only one (1) detached storage or tool shed shall be allowed on any single residential lot, and such structures shall comply with applicable yard requirements. i. Detached screened enclosures with screened roofs, not to exceed six hundred (600) square feet and fifteen (15) feet in height and located a minimum of five (5) feet from any side or rear lot line. Sucti~detached screened enclosures shall not be allowed in required front yards. j. Dog houses not to exceed five (5) square feet and five (5) feet in (2) In any zoning district; except as to private swimming a. All accessory uses and structures shall comply with the use limitations applicable to the zoning district in which they are located. b. Unless otherwise specified within this section, all accessory structures shall comply with the land development regulations, including minimum yard requirements applicable to the zoning district in which they are located; c. Accessory uses and structures shall not be located within required front yards and shall not be closer than five (5) feet from any lot line. d. No accessory structures shall be used as a residence, temporarily or permanently, except in accordance with section 24-88 and section 24-89. e. Accessory structures shall not be more than twelve (12) feet in height, except in accordance with section 24-88. Accessory structures shall not be placed forward of the front of the principal use structure. On a corner lot, no part of any accessory structure shall be closer to any property line than the principal use structure. Space within an accessory structure shall not be leased or used for any use or purpose other than those incidental to the use of the principal building. (Ord. No. 90-01-172, § 2, 11-26- /"~ ~ Sec. 24-104. Residential, single-family districts (RS-1 J. Intent. The RS-1 zoning districts are intended for development of low density single-family residential areas. 'evelopment of land and parcels within the RS-1 zoning districts shall comply with the residential density .,ations as set forth in the adopted comprehensive plan for the City of Atlantic Beach, as may be amended. (b) Permitted uses. The uses permitted in the RS-1 zoning districts shall be as (1) Single-family (2) Accessory uses. (See section 24- (3) Government buildings and (c) Uses-by-exception. In the RS-1 zoning districts, the following uses-by-exception may be (1) Churches, subject to the provisions of section 24- (2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (3,= (4) Home occupations, subject to the provisions of section 24- (d) Minimum !of or site requirements. The minimum .requirements for lots and sites in the RS-1 zoning districts shall be as follows: (1) Lot or site area: Seventy-five hundred (7,500) square (2) Lot, width: Seventy-five (75) (3) Lot depth: One .hundred (100) (e) Minimum yard requirements. The minimum yard requirements in the RS-1 zoning districts shall be as (1) Front yard: Twenty (20) (2) Rear yard: Twenty (20) (3) Side yard: Seven and one-half (7.5) (f) Building restrictions. The building restrictions in the RS-1 zoning districts (1) Maximum impervious .surfacer Fifty (50) percent. (2) Maximum building height: Thirty-five (35) (Ord. No. 90-01-172, § 2, 11-26- t Sec. 24-49. Community development board. .ommunity development board shall be appointed by the city commission. The organization and procedures under which this operates, its arrangement of meetings, adoption of rules and its method of hearing and acting upon appeals, variances or ~ ,related matters shall be in conformity with the provisions of Chapter 14 of this Code. It shall be the responsibility of the community development board: (1) To hear and decide appeals where it is alleged there is an error in any order, requirement, administrative decision made by the community development director in the enforcement of this chapter. (2) To approve or deny zoning variances in accordance with the provisions of section 24-64. Applications for a zoning variance shall be considered on a case by case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of section 24-64. (3) In granting a variance, the community development board may prescribe appropriate conditions and safeguards in conformance with this section or any ordinance enacted under its authority. Violation of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, and shall be subject to established code enforcement procedures. (4) The community development board shall not grant a variance, which would allow a use that is not a permitted use, or a permitted use-by-exception in the applicable zoning district. In the case of an application for ause-by-exception that is considered concurrently with an application for a variance, approval of the variance shall be contingent upon approval of the use-by-exception by the city commission. In the event that the use-by-exception is denied by the city commission, any approved variance shall be rendered null and void. (5) The community development board shall not approve any variance that would allow a use that is prohibited by the terms of this chapter or by the comprehensive plan. (6) The nonconforming use of adjacent or neighboring lands, structures or buildings shall not be considered as justification for the approval of a variance. (7) In exercising its powers, the community development board may, in conformance with the provisions of this chapter, reverse, affirm or modify, in whole or in part, any previously rendered order, requirement, decision or determination provided such action is based upon new evidence or where it is determined that a previous decision was made based upon. inaccurate information. (8) Rulings and decisions of the community development board shall become immediately effective, unless otherwise ordered by the board. (Ord. No. 90-01-172, § 2, 11-26- ,. PROOF OF OWNERSHIP /"''• ~"~, el Summary -Current Ownership and Sale Information -Updated Weekly RE No.: 171670 0000 -1 Owner's Name ~ HECTOR , HARTSON G Property Address: 387 SKATE RD Unit No. ATLANTIC BEACH 32233 Mailing Address: 387 SKATE RD ATLANTIC BEACH , FL 32233-3819 Property Use: 0100 SINGLE FAMILY Legal description: 31-016 38-2S-29E R/P OF PT OF ROYAL PALMS UNIT 2 A LOT 2 BLOCK 24 VALDA D O/R BK 7196-4 Neighborhood: 943807 ROYAL PALMS Sec-Twn-Range 17-2S-29E OR BK & Page: 07196-0005 Map Panel: 556A4 Sale Date: 9/27/1991 ~ No. Buildings: 1 Sale Price: $100.00 Heated Area: 1004 Exterior Wall: CONCRETE BLOCK Parcel Summary- Values & Taxes from the 2002 Certified Tax Roll Value: $16,800.00 rClass Value: $0.00 Improvements: $42,800.00 ~ Taxing Authority: USD3 Market Value: $59,600.00 County Tax: $139.91 Assessed Value:. $45,,352.00 School Tax: -1$170.12 Exempt Value: $25,000.00 District Tax: $64.56 Taxable Value: $20,352.00 Other Tax: $10.18 Sr. Exempt: $0.00 Voted Tax: $11.81 Sr. Taxable: $0.00 Total Tax: $396.58 This page displays values from the 2002 Certified Tax Roll with weekly updates of ownership &~ sales. ~+^ t- ,. PHOTOGRAPHS 387 SKATE RD r''~R ... JULY 23, 2003 10:OOam JULY 23, 2003 10:OOam 387 SKATE RD .'"~ 387 SKATE RD JULY 23, 2003 10:OOam 387 SKATE RD ,,, JULY 23, 2003 10:OOam /^ ,°'~ ,. NOTIFCATION LETTERS July 17, 2002 Mrs. Valda Hector 387 Skate Rd Atlantic Beach, FL 32233 ,~'"-~ CITY OFATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5805 SUNCOM: 852-5800 http://ci.atlantic-beach.fl.us Subject: Atlantic Beach City Code, Chapter 6, Article II, Sec 6-16 Adoption and Chapter 24, Sec 24-104 Residential, single family Districts (RS-1) Dear Mrs. Hector, Tax records indicate that your husband, Mr. Hartson G. Hector as the owner of the following property in the City of Atlantic Beach, Florida: Re: 387 Skate Rd A/k/a: 131-016 38-2S-29E USD3 R/P of PT of Royal Palms Unit 2A Lot 2 Block 24 RE# 171670-0000-7 This notification is to inform you that you are in violation of several City Codes. City Code-Chapter 6, Sec 6-16 Buildings and Building Codes 1. Installing electrical wiring without a permit. 2. Installing plumbing without a permit. 3. Enclosing carport without a permit. 4. Remodeling kitchen without a permit. 5. Enlarging accessory building without a permit. 6. Ignoring and removing 3 Stop Work Orders from the Building Inspector. City Code Chapter 24, Sec 24-104 Residential, single-family Districts (RS-1) 1. Converting accessory building into a secondary dwelling in asingle-family district. 2. Allowing more then one family to reside in a single family dwelling at a time. ~, On June 7, 2002 the building inspector identified that the aforementioned work was being accomplished without the proper permits and a Stop Work Order was posted on the accessory building along with a work list. The Stop Work Order was removed and ignored by you and work continued. On June 28, 2002 another Stop Work Order was posted with a work order and once again was removed and ignored. On July 7, 2002 the Building Inspector and Code Enforcement Officer inspected your property and found the aforementioned violations. A Stop Work Order was again posted and you were hand delivered a work list. To date, you have again removed the Stop Work Orders and have made no significant effort of complying. As Code Enforcement Officer I am giving you 1 week to obtain the appropriate permits for your carport and kitchen renovations and 2 weeks to either remove the accessory building or to put it back to it's original condition. Furthermore I would remind you of your responsibilities as a homeowner to abide by the regulations of the city, county and state, and that further violations or non-compliance can result in 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 Code Enforcement at (904) 247-5855, Building ~ Permits at (904) 247-5826, and Zoning at (904) 247-5817 .~ ~~ ALEXANDE J. SHERRER Code Enforcement Officer cc: Public Safety Director Building Dept November 8, 2002 Mrs. Valda Hector 387 Skate Rd Atlantic Beach, FL 32233 Subject; Storage Shed Dear Mrs. Hector, CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5805 SUNCOM: 852-5800 http://ci. atlantic-beach.fl.us On June 7, 2002 your were identified as being in violation of various City Codes under City Code Chapter 6, Sec 6-16 Buildings and Building Codes. These violations included certain illegal structural changes made to both your home and the accessory building (shed). While you have brought your home into compliance with City Code, you have not yet addressed the violations involving your shed. Your shed is in violation of the following City Codes: 1. Chapter 6, Sec 6-16: Enlarging accessory building without a permit. 2. Chapter 24, Sec 24-151 (b) (2) (c): Violating 5 foot set back requirement. In order to bring your shed into compliance, you must either return it to its pre-existing condition or apply for and receive a variance from the Community Development Board. As Code Enforcement Officer, I am granting you 14 days from this date to either return the shed to its original condition or apply for a variance, and to remind you that failure to comply can result in fines of up to $500.00 per day, per violation from the Code Enforcement Board. For your convenience I've enclosed a copy of an application for a zoning variance. Should you wish to discuss this matter, feel free to contact me at (904) 247-5855. ALEXANDER .SHERRER Code Enforcement Officer C: Public Safety Supervisor Building Department Zoning Department ,~'" OA ~ ~ 1 ~ tie. fe ~ 12~'-~?-~ ~-~" ~ .~c~~c~ ~1~e-~-i~v cn-~ --~J~)~ ~ ~ ~ o ~1"ate ... ^ Complete iter O E h S O E 2 L ~I 0 0 0 item 4 if Re t ~ • ~ ~ ~ O 0 0'C 2 0 0 L s .,,,,,,,, „o„~~, _ ^ Print your name and address on the reverse X ~ Agent so that we can return the card to you. ~ Ad~ee ~ - ^Attach this card to the back of the mailpiece, or on the front if s B• Received by (Printed Name) C. Date of Delivery pace permits. 1. An cle Addressed to: D. Is delivery address different from item 17 ~ Yes ~ - / ,mss M~ ~: ~' ~ 1. ~ ~ ~ 1. ~ `t`~~'~. If YES, enter delive address below: ^ No rY . ~ i J~ /~/ ~~.C+ri! ~ p ~• ~"~ ~'lG.{' ~ ~.. -- 3 Servi T -'3 .: -- ~ " ~ ~ ~ . ce ype ,Certified Mail ^ Express Mail ^ .J Registered ^ Return Receipt for Merchandise ^ Insured M all ^ C.O.D. 2. Article Number ~7~7;' /7 {• (transfer from servic l b 4. Restricted Delivery9 (Extra Fee) - r-' ^Yes ~ i~ / ~ e a eQ - Lj1` ~ `~ , PS Form 3811, August 2001 I71'1TACtins~/, ,.n 0......:..a - ~^ June 03, 2003 Valda Hector 387 Skate Road Atlantic Beach, Florida 32233 *"'~+, CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5805 SUNCOM: 852-5800 http://ci.atlantic-beach.fl.us Re: Order of Community Development Board denying Variance Dear Mrs. Hector: Enclosed herewith is an original signed order and a copy of the order from the Community Development Board denying your variance request. Please be advised that the addition to your shed, which was the subject of this Variance request, must be demolished in order to avoid further Code Enforcement action. I would suggest maintain a copy of this order for your records, and feel free to call me at 247-5817 if you have any questions. You may dispose of the orange zoning notice sign placed upon your property. Sincerely, ..~ b[/ ~~ Sonya B. oerr, AICP Community Development Director Enclosures cc: Don Ford, CBO, Building Official Alex Sherrer, Code Enforcement Officer/ ,~'* s;'-~-``~1~ ;~ rf •-, ~^~~ ~;, ~, , ~~Ji it ~~ ~~~~ ~,.1 r ~~ ."'~, City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233-544 Phone: (904) 247-5800 FAX (904) 247-5805 http://www/ci.atlantic-beach.fl.us ORDER of the Community Development Board for the City of Atlantic Beach, Florida APPLICANT: Valda Hector 387 Skate Road Atlantic Beach, Florida 32223 FILE NUMBER: ZVAR 2003-06 DATE OF HEARING: May 20, 2003 ORDER DENYING VARIANCE The above referenced Applicant requested a Variance from Section 24-104 (e) (2) and (3) to reduce the required 20-foot rear yard and also the required 7.5-foot side yard to allow a nonconforming detached storage shed, constructed without Building Permits, to remain on property within the RS-1 Zoning District and located at 387 Skate Road. On May 20, 2003, said request was considered at public hearing by the Community Development Board for the City of Atlantic Beach. Having considered the application and supporting documents and statements made by the Applicant, the Community Development Board found that the request does n of c omplies with Section 2 4-49 a nd S ection 2 4-64 t he C ity o f Atlantic B each Zoning a nd Subdivision Regulations, finding as follows: 1. There are no special conditions or circumstances which are peculiar to the Land, Structure. or Building involved that are not applicable to other L ands, Structures or Buildings in the same Zoning District. ,,, 2. The special conditions and circumstances are the result from the actions of the Applicant. ~"'` Page two Order ZVAR-2003-06 May 21, 2003 3. The Variance requested is not the minimum Variance that will make possible the reasonable Use of the Land, Building or Structure. 4. The granting of the Variance will not be in harmony with the general intent and purpose of this Chapter, and the Variance will be injurious to the area involved or otherwise detrimental to the public welfare. NOW THEREFORE, based on the said findings, the Community Development Board hereby DENIES t his r equest f or a Variance f rom S ection 24-104 (e) (2) and (3) to reduce the required 20-foot rear yard and also the required 7.5-foot side yard to allow an addition to nonconforming detached storage shed, constructed without Building Permits, to remain on property within the RS-1 Zoning District and located at 387 Skate Road. DATED THIS ~ L ~`'_ DAY OF ' ~'~~~• , 2003. tom, Don Wolfson, Chairman Community Development Board The undersigned certifies that the above Order of the Community Development Board is a true and correct rendition of the Order adopted by said Board as the same appears in the record of the Community Development Board minutes. Co unity D elopment Director ~"~ June 24, 2003 Valda Hector 387 Skate Road Atlantic Beach, Florida 32233 Re: Demolition of illegally constructed addition Dear Mrs. Hector: CITY OF ATLANTIC BEACH BUILDING AND PLANNWG 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5845 http://ci.atlantic-beach.fl.us ,* Please be advised that the illegally constructed addition to your shed must be demolished within ten (10) days of receipt of this letter. Failure to demolish the addition may result in further Code Enforcement action, and the City may be forced to order demolition of the addition, with demolition costs billed to you. Sincerely, _. ~~~ Sonya B. oerr, AICP Community Development Director cc: Don Ford, CBO, Building Official Alex Sherrer, Code Enforcement Officer CERTIFIED MAIL June 24, 2003 e""'"^ ~, ~' HEARING NOTIFICATION ,~ August 25, 2003 t~ Restricted Delivery Fee O (Endorsement Required) O ~ Total Poataga & Fees ,,."'' o - ~ - • ~ .. ~ r P:'^ N Postage $ S 0 CertHied Fee O Postmark ~ Retum Receipt Fee Here (Endorsement Required) Mr. Hanson G. Hector C/O Navy World Wide Locator Naval Personnel Command, Pers-312 5720 Integrity Dr Millington, TN 38055-3120 Subject: Notice of Hearing, Case# 1331-02 Dear Mr. Hector, ~ Sent To ~~ f,i[SpY~ 0 or PO Box No. City, State, ZIPS-4 .__.._..... :.. .. Duval County tax records identify you as the owner of the following property in Atlantic Beach, Florida: Re: 387 Skate Rd A/k/a: -131-016 38-2S-29E USD# R/P of PT of. Royal PalmsUnit 2A Lot 2 Block 24 RE# 171670-0000-7 You aze hereby notified that a public hearing of the Code Enforcement Board, will be conducted on WEDNESDAY, the 16th day of SEPTEMBER, 2003, AT 7:OO P. M. at Atlantic Beach City Hall, 800 Seminole Road, to hear alleged violations of the following Section(s) of the Code of the City of Atlantic Beach: Chapter 24, Sec 6-16 FAILURE TO PROCURE A BUILDING PERMIT PER FLORIDA BUILDING CODE; Chapter 24, Sec 24-151 (b) (1) h ACCESSORY STRUCTURE EXCEEDING 150 SQUARE FEET; Chapter 24, Sec 24-104 (e) (2) STRUCTURE WITHIN 20-FOOT REAR SETBACK; Chapter 24, SEC 24-48 (8) FAILURE TO COMPLY WITH A COMMUNITY DEVELOPMENT BOARD ORDER This hearing is the result of the actions of a Mrs. Valda Hector, a resident of 387 Skate Rd, who while enlarging the accessory building (shed) located there on, violated several building and zoning regulations, and who having failed to correct those violations, will be notified to appear before the Code Enforcement Boazd in response to these violations.. The Code Enforcement Boazd, which is empowered by state statute to facilitate the enforcement of local ordinances and can levy fines of up to $250.00 a day, per violation. Furthermore, Mrs. Valda Hector, will be considered to be your representative, unless you wish to represent yourself, or as is your right, 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 me at the following number (904) 247-5855. 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. ALEXANDERSHERRER Code Enforcement Officer C: City Clerk t . . ^ Complete items 1, 2, and 3. Also complete t e A. Signature r' L&'~/ ~~' ; A t item 4 if Res ricted Deliv ry is desired. tisd , ~ X gen ^ Print your name and address on the reverse Q Addressee so that we can return the card to you. ^ Attach this card to the back of th mall i B. Receldesi gy,(„~rinred dame) ~S e~ l C. Dat of D livery f e p ece, , [ . ,a:~3'itA~ ~ ~G/ ~rj O or on. the front if space permits. D. Is delivery address different from kem 1? ^ Yes 1. Article Addressed to: `- If YES, enter delivery address below:. ~No ;,~- t r ~{~''~ ~~ r ~ •„ 11'tR 7~SDN G l-~cTo 12 , ~ ~: Q. f ~ /VCL1~ ~ ~MJ~-~-D Lt's AF LL~GR TO n- ! <A.S 3l Z /~/Rt/y /~~.,Sq~nl~(, Cormm~ND 9. service Type ^ Certified Mail ^ Express Maii S'Z,ZO ~N Z E t) ~ !Ty ~JZ ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. rn . ~, ,~~ Tr~l ~ `~O S S - 3 ~ Z~ 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number (rransfer~frgm servJca? Isbel~ ? ' ~ ~ ~ Z-1 ~ ~:OD i 's ~!©~ i i ':~iZ ~ ~ < !~~ ~~ Q ~ ,11a i t f i, .a rte; t~;r~~ i +i t~ ~ ^PS Form 3$71, August 2001 Domestic Return Receipt to25e5-oz-M-to3b "~ CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE N0. 1331-02 September 8, 2003 Mrs. Valda Hector 378 Skate Road Atlantic Beach, FL 32233 Dear Mrs. Hector: .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 a re h ereby n otified a nd o rdered t o a ppear at t he n ext p ublic h Baring o f t he C ode. Enforcement Board on WEDNESDAY, the 17th day of September 2003, AT 7:00 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 24, Sec 24-151 (b) (1) h ACCESSORY STRUCTURE EXCEEDING 150 SQUARE FEET; Chapter 24,Sec 24- 104 (e) (2) STRUCTURE WITHIN 20-FOOT REAR SETBACK; Chapter 24 SEC 24-48 ~8) FAILURE TO COMPLY WITH A COMMUNITY DEVELOPMENT -BOARD ORDER. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 378 Skate Road, a/k/a 131-016 38-2S-29E USD# R/P of PT of Royal Palms Unit 2A Lot 2 Block 24, of the City of Atlantic Beach, the following condition(s): FAILURE TO PROCURE A BUILDING PERMIT PER FLORIDA BUILDING CODE; ACCESSORY STRUCTURE EXCEEDING 150 SQUARE FEET; STRUCTURE_WI_THIN 20-FOOT REAR SETBACK; FAILURE TO COMPLY WITH A COMMUNITY DEVELOPMENT "BOARD ORDER. 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 b e 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 Ellen LaVake, 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, C~c~,t,~o- X1'1. ~~,.GC~.o Curtis M. Sanders, Jr -Chairman Code Enforcement Board /'-' ~ 1"" 387 Skate Rd -Notification Posted 10:15 September 15, 2003 _~ ~. C~ z _~ C7~ r--r 0. ~R J O CD CJ1 iU ~'! 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Z' n. i Ip N v A W. ~ O CT U N N O O~ W w A w + ~ V A N ~ + V V O ON N ~,~M jO 1Nc~~U =:m, 'Z.. ~' V V N+ A W O W m + (J f p + U + O + N O N N O N m w W W+ N ~N~nvN SS SS^ ` S. D 1 O Z 9V m p W N mA N (.f O mN . m N W 10 A N + ~ 0~ N N W V + OI (.Ni ~ N Ol W W SS'~7`HSn~ p. O r9 ~ N dS,S~ ~ .A. IC A N N V V O + O ~ O W A N N N O U O O O N t0 NN b O O O O 1rO~ m ;. ,9 W N~°wN . 9wn 8` i 4 N N N O W w 0 0 0 0 + O N f .11 O m O) N N N O N N O N N O 5~ ~ O to 0 0 0 + O+ 0 0 0 N O N + O + + O - + 0 0 0 0 0 0 O O O .w~``v~N~~1S bS1vMy 0 0 o 0 0 o Oo 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 o a Vr-~Nv '~ ~~+ ic3 x F''i~S tNn ~ ~~. ~P °n~ FS ~~O' {~„ $k' ~'~" O~ ~ ~~ ~~ n+ V A w V NO N 1p1~N 51r ~~ . :~ U p ~ ~ N N ~ ..• V ~ ~ N t .YI} V f0'.. b ~ A. v . N w m. Cl Z I- ~ 9 L OCR to _ W ~ N ~ ~ N ~ ~ ~Z-OZm9 O O O 'O O O O O O QZ-r> m 99>'. ~r ~ . , - u-t a 0 rt'1 Postage $ tL ~ fTl Certified Fee Postmark O Retum Receipt Fee (Endorsement Required) Here O O Restricted Delivery Fee (Endorsement Required) ~ Total Postage & Fees S ~ Sent To ~ ~ Street, Apt. No.; l or PO Box No. / ~~d ~RL1~0 ~7 f~ , `~ .._. ~ ~` _ Clty, State, ZIP+ 4 an t~ ~ dec.-~G. ~G. 3 z23 3 :t. ^ Complete items 1, 2, and 3. Also complete A. Rede}ri~ YP7fYase'Pr(ht'Clearly) e. to of D 'v ry item 4 if Restricted Delivery is desired. - l ^ Print your name and address on the reverse C. Signat ; so that we can return the card to you. ,-, ~~ nt ^ Attach this card to the back of the mailpiece, X ~ `-' 79° or on the front if space permits. Addressee .Article Addressed to: I. e different from item ~ f nt r address below: ~ ~ ^ No r• yo o cG~ u h ~/Von ~ UU ^~ ' ~ 2o03 I~~ NlaY~r~ Rd. f ,'~~~~, ~ e ~'f' (G~/1fI G 13Ea ch ~ ~L. 32 2 ~3 3. Seryice Type Certified Mail ^ Express Mail ~ m,•~.r°°°°~_.,... ~ ,~tegiSf ['Return Receipt for Merchandise ~~~,m..=.:~ , d Insur ail ^ C.O.D. ~ 4. Restricted^ livery? (Extra Fee) ^ Yes 2. ~e•Rlftnflf~~oPY i't~rfi+~ea!ice`Ilf6e-7J-'- ~ UV d ~ .. 't ,~Y ~: xrr. • ,~Q~S ~ O i PS Form 811, July 1999 'Domestic Return o tozsss-ss-M-nas CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH RECEIPT OF NOTIFICATION I, ~ ~ ~ ` 'ul.V ~ ~~ ~ ~~~ ~ served notification to: (OFFICER'S NAME) .~! n /~~_ ?a LZ 3 this J r~ day of October 2003. at ~.o'. ~ a.m./~ This notification was in reference to:. Mr. Yoochun Won 1480 Mayport Road Atlantic Beach, FL 32233 Signature of Server: ~ L~~/ Signature of Receiver: Dated: Please return to the City Clerk's Office. Thanks. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE N0. 1270-02 October 3, 2003 Mr. Yoochun Won 1480 Mayport Road Atlantic Beach, FL 32233 Dear Mr. Won: 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 a re h ereby n otified a nd o rdered t o a ppear at t he n ext p ublic h Baring o f t he C ode Enforcement Board on WEDNESDAY, the 15th day of October 2003, AT 7:00 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 24, Sec 24-160 (b) DUMPSTER, GARBAGE CONTAINERS AND REFUSE COLLECTION AREAS It i s alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 1480 Mayport Road, a/k/a USD3 Atlantic Beach Sec H Pt Lots 1,2,3 Blk 53, PT 38-2S-29E, the following condition(s): FAILURE TO MAINTAIN A PROPER DUMPSTER ENCLOSURE. 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 b e presented to the e nforcement 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 Ellen LaVake, 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. ' Sincerel urtis M. S ders, Jr -Chairman Code Enforcement Board CITY OF ATLANTIC BEACH "' C.B. Date: October 15, 2003 Defendant: MR. YOOCHUN WON Case # 1270-02 Location: 1480 MAYPORT ROAD A/IVA 18-34 38-2S-29E USD3 ATLANTIC BEACH SEC H PT LOTS 1,2,3 BLK 53, PT38-2S-29E RE# 170794-0000-2 Violation: CHAPTER 24, SECTION 24-160 (b) DUMPSTER, GARBAGE CONTAINERS AND REFUSE COLLECTION AREAS Owner Occupied: X Rental: Homestead: Yes No X 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 24, SECTION 24-160 (b); FAILURE TO MAINTAIN A PROPER DUMPSTER ENCLOSURE 3. The inspection was prompted as a result of a: Complaint Routine Inspection X Other 4. A violation notice was issued to the owner/occupant on: OCTOBER 23, 2002 5. Notice to the owner-occupant was achieved by: Certified Mail X Hand Delivery Posting of Property. The method of service meets with requirements of Florida Statutes 162-12. 6. I did X did not speak with the owner someone in charge of the property concerning the violations. 7. Brief description of conversation: April 17, 2003, Code Enforcement Officer Sherrer, spoke with Mr. Won concerning the condition of the dumpster enclosure at 1480 Mayport Rd. Mr. Won acknowledged he had received the notification and that he hadn't gotten around to repairing it, but that he would make the necessary repairs. 8. The latest inspection was made September 24. 2003 was a result of following up inspection. 9. The violation(s) is still present X in compliance _. PAGE 2 CODE PRESENTATION SHEET 10. In order to achieve compliance, it is necessary to correct all of the violations and maintain the property: The dumpster enclosure must be repaired and gates must be installed so that the dumpster can not be seen from the road. 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 14 day(s) would be sufficient time to correct the violation. 13. Further Comments: Mr. Won's business is one of 67 businesses that received notification to either repair or enclose their dumpster. Mr. Won has received ample notification and time to comply. Mr. Won received his notification on October 23, 2002 asking for voluntary compliance, I spoke with him on April 17, 2003 concerning his non-compliance. A second notification was mailed return receipt on May 12, 2003 granting 30 days to comply. To date no action has been taken by Mr. Won to comply. Recommendations: Mr. Won be found guilty for non-compliance, and be given until October 31, 2003 to bring his property into compliance and that a fine of $250.00 a day be imposed for every day after that. Furthermore, I recommend that per Florida Statute 162.07 (2), Mr. Won be .+, assessed the full administrative costs of $461.72 for conducting this hearing, and be given 1 month to make payment and that failing to make said payment, a lien be placed against the property. of 1480 Mayport Rd for the total assessment plus all costs incurred for the filing of the lien. All lien amounts are to be made payable with interest at a rate of ten (10) percent per annum from the date of certification until paid.. Respectfully submitted, si~~~ r~`~~/L2~7 Alex Sherrer Code Enforcement Officer 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: September 9, 2003 Case Number; 537-03: Mr. Benjamin Brown, 457 Sailfish Dr, Atlantic Beach, FL 32233 Code Enforcement Officer, $ 20.83 per hour x 12 hours = $249.96 Code Enforcement Secretary, $ 23.97 per hour x 2 hours = $ 47.94 Code Enforcement Attorney, $ 125.00 per hour x 1 hours = $125.00 Postage, Certified Mail, $ 4.42 x 2 = $ .8.82 Copies, Xerox $ .10 x 300 pages = 30.00 Total Charges $461.72 September 26, 2003 Alex Sherrer Code Enforcement Officer ~~~"''' IU n~ ,;,~., o ~,:: r,-I Postage $ '~ ru ~ Certified Fee m Postmark ~,,, Return Receipt Fee Here O (Endorsement Required) p Restricted Delivery Fee Q (Endorsement Required) 0 Total Postage & Fees ~' ,~ Sent To Street, Apt. No.; ~ or PO Box No. P o • __ ~_ 515 l 3 -------------------------------------- o cfry, scare, z~P+ a L 0 N ---------------------- --G~cksun vt- f ~ etch F 3s2y I3/3 :~~ r~ ^ Gomplete~~iterns 1,'L; and 3. Also complete itQm 4„If .R®stricted ~I~elivery is desired.' ~' ~ Prlnt,ypur-name and"address on the reverse so tha#.,we.can retu'rri'the card to you. ~' Attach. this•card to fhe back of the mailpiece, ';-~ or on the„front if space-permits. ~'~m Article Addressed to: x aNlf• ~81~1jOti1'htn ~~own J~~. '~. 0. (30~C s~ 5! 3 ~acksdnY~ l -~ ~.eac~,/ FL . 3 22~(~ - 15! 3 by f,~9ase Piint Clearly) ~ B. C. Si at re ~- X ^ Age D. Is delivery address different from item 17 ^ Yes If YES, enter delivery address below: ^ No 'G 3. S-a/rvice Type t~f Certified Mail ^ Express Mail ^ Registered [~ieturn Receipt for Merchandise ^ Insured Mafl ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2, Article -Vuiil6e[ (Copy from service IabeQ ! :.::: i PS Form 38''11, July 1999 ~ ' Domestic Return Receipt' . ~ ~ ' ~ 102595-g9-M-1789 • ~, si3e ~n:~: ~ ccntaaca l~ saa~--. t ~~cNe o! tae City c~ Jacksonra~la, F;ou4~a Duval County Tax Collector 2002 Real Estate Tax Summary Property Information Real Estate No. 171374-0000-9 Name BENJAMIN JR BROWN Address 457 SAILFISH DR Mailing Address for the Property -. f'ATI CT[-LJ ~L P O BOX 51513 JACKSONVILLE BEACH FL 32240 - 1513 , Legal Description of Property 31-001 38-25-29E USD3 ROYAL PALMS UNIT 2 A LOT 1 BLOCK 27 0/R BK 7095-881 Tax Information Assessed Value 74983 Govt. Tax Value 49983 Exempt Code H RE Tax Lien Amt. Non Ad Val By Int. Amt. By Pen Amt. Gross Tax 973.96 .00 .00 .00 .00 973.96 CURRENT YEAR TAX TOTAL AMOUNT DUE IF PAID IN November December 7anuary .February March April 935.00 944.74 954.48 964.22 973.96 1,008.18 Payment Information Paid Code UNPAID Paid Date Exception Code 997 Unpaid Certificate Information Amount Due for Certificate No. Certificate Holder Amount OCTOBER 2002-17792-000-8 EQUIFUNDING INC 1,033.23 1,185.85 2003-17349-000-9 WACHOVIA BANK NA AS CUST/TRUSTEE FOR 1,058.34 1,117.51 Paid Certificate Information Certificate No Paid Amount Date Paid Receipt Number 1990-13891-000-5 758.42 03/29/1991 R008060 2000-17094-000-3 1,810.42 05/15/2002 001239328022120020515 2001-17094-000-5 1,175.86 06/06/2003 001130021004220030609 ~ ~,s. Mailing Map-It Payment Appraisal .: ~~=~. Address Feedback Feedbac k Feedback Home Property Map Appraiser e~' CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 537-03 October 3, 2003 Mr. Benjamin Brown, Jr. 457 Sailfish Drive Atlantic Beach, FL 32233 Dear Mr. Brawn: 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 a re h ereby n otified a nd o rdered t o a ppear at t he n ext p ublic h Baring o f t he C ode Enforcement Board on .WEDNESDAY, the 15th day of October 2003, AT 7:00 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, Sec 12-1 (b)(7): OUTSIDE_ STORAGE OF MISCELLANEOUS MATERIALS; Chanter 12, Sec 12-1 (b)(3):ALLOWING EXCESSIVE GROWTH OF WEEDS; Chapter 24 Sec 24-104 CONDUCTING A SALVAGE BUSINES IN A RESIDENTIAL DISTRICT. It is alleged that y ou are in violation as a repeat offender of the above enumerated c ode section(s) in that there exists on the premises located at 457 Sailfish Drive, a/k/a Lot 1, Block 27, Royal Palms Unit 2A, the following condition(s): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS; ALLOWING EXCESSIVE GROWTH OF WEEDS; CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT. 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 b e presented to the e nforcement 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 yoir desire to have witnesses subpoenaed or if you have questions. regarding the procedure, please contact Ellen LaVake, 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. Sinc Curtis M. anders, Jr -Chairman Code Enforcement Board CITY OF ATLANTIC BEACH C.B. Date: October 15, 2003 Defendant: MR. BENJAMIN BROWN JR Case # 537-03 Location: 457 SAILFISH DRIVE A/K/A LOT 1, BLOCK. 27, ROYAL PALMS UNIT 2A RE# 171374-0000 (Violation: CHAPTER 12, SECTION 12-1 (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS CHAPTER 12, SECTION 12-1 ((b)(3): ALLOWING EXCESSIVE GROWTH OF WEEDS CHAPTER 24, SECTION 24-104: CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT 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 (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS CHAPTER 12, SECTION 12-1 (b)(3): ALLOWING EXCESSIVE GROWTH OF WEEDS CHAPTER 24, SECTION 24-104: CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT 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: JUNE 25, 2003 5. Notice to the owner-occupant was achieved by: Certified Mail Hand Delivery Posting of Property. X The, method of service meets with requirements of Florida Stafutes 162-12. 6. I did X did not speak with the owner someone in charge of the property concerning the violations. 7. Brief description of conversation: June 25, 2003, Code Enforcement Officer Sherrer, spoke with Mr. Brown about the condition of his property, during which Mr. Brown assured me that he would correct the violations in the time allotted. The Courtesy Notice of Violation was issued with 14 days to comply. 8. The latest inspection was made September 16, 2003 as a result of following up on the original complaint(s). 9. The violation(s) is still present X in compliance _. PAGE 2 CODE PRESENTATION SHEET 10. In order to achieve compliance, it is necessary to correct all of the violations and maintain the property: - Maintain the property at 457 Sailfish Dr in a manner that prohibits it from becoming a detriment to the community, by properly maintaining the lawn and not using the property for the storage of junk and rubbish. 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 7 day(s) would be sufficient time to correct the violation. 13. Further Comments: Mr. Brown, previously appeared before the Code Enforcement Board on numerous occasions: September 8, 1998: Found in violation Chapter 12, Sec12-1-3 Weeds and Rubbish, no fine imposed because property had been brought into compliance, board voted to impose a $100.00 a day fine if found in non-compliance again, fine to commence from first notification until brought into compliance September 7, 1999: Found in violation of Chapter 12, Sec 12-1-7 Illegal outside storage, assessed administrative fees only, board voted $250.00 a day fine if not brought into compliance, accrued to $4,500.00. Board voted to impose a $500.00 a day fine, fine to commence from first notification until brought into compliance. Fine accumulated to $4, 500.00 January 11, 2000: Found in violation. of previous Board order, $4,500 fine reduced to $325.00 plus administrative fee of $174.58. Compliance was never verified because of privacy fence installation. May 1, 2001: Found in violation and fined a total of $7,500.00 as a repeat offender of Chapter 12, Sec 12-1 (b) (7) illegal outside storage, and Chapter 24, Section 24-104 operating a junk/salvage business in a residential neighborhood. All fines were deferred pending any future violations. Assessed $815.50 in administrative fees. Since the hearing of May 1, 2001 Mr. Brown has been issued 19 Courtesy Notices of Violation for not properly maintaining his property, 5 for illegal outside storage of rubbish and 3 for an unkempt lawn. Many times the rubbish removal could not be verified because Mr. Browns because privacy fencing which had fallen down was either repaired or added to. Many of these notices were issued as a result of anonymous complaints, the complaints continue and so have the violations. Recommendations: That Mr. Brown be found guilty for non-compliance, and be fined the full $7, 500.00 originally set aside during the hearing of May 1, 2001 be imposed. I recommend that Mr. Brown be given until October 31, 2003 to bring his property into full compliance and that a fine of $500.00 a day be imposed for every day after that, and that any future violations will result in a $500.00 a day fine per violation starting with the first day of notification. As Mr. Brown is unlicensed and cannot be licensed to conduct a salvage business in a residential district, and as the evidence shows that Mr. Brown still continues to conduct business by sorting material on his property. I recommend that he be forbidden from bringing any scrap metal, junk cars or any other salvage materials onto the property at 457 Sailfish Drive. Furthermore, Mr. Brown be assessed the full administrative costs of $549.62 for conducting this hearing, per Florida Statute 162.07 (2) and be given 3 months to pay all fines and fees assessed and failing to make payment a lien be placed against the property of 457 Sailfish Dr for the total assessment plus all costs incurred for the filing of the lien. All lien amounts are to be made payable with interest at a rate of ten (10) percent per annum from the date of certification until paid. Total of fines and administrative costs to be paid are $8,049.62. Respectfully submitted, G ~~2~~~ ~ Alex Sherrer Code Enforcement Officer 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: September 9, 2003 Case Number; 537-03: Mr. Benjamin Brown, 457 Sailfish Dr, Atlantic Beach, FL 32233 Code Enforcement Officer, $ 20.83 per hour x 16 hours = $333.28 Code Enforcement Secretary, $ 23.97 per hour x 2 hours = $ 47.94 Code Enforcement Attorney, $ 125.00 per hour x 1 hours = $125.00 Copies, Xerox $ .10 x 434 pages = 43.40 Total Charges $549.62 September 25, 2003 i~~~'T ~i~~~~ Alex Sherrer Code Enforcement Officer 800 Seminole Road Atlantic Beach, FL 32233 Phone: 904247-5809 Fax: 904247-5846 To: ~e~~~s ~~.d~,,~ Pronx ~l~cn c~v~.~~ - c~-~ cc~k~s o~~,<<~. Fax: ~~ ~ ^ ~ S o ~ Date: ~ D /(p /D 3 Pfione: Pages: ~.- Re: CC: ^ Urgent ^ For Review ^ Please Comment ^ Please Reply ^ Please Recycle •Comments Pl~a~ ~~,~,I~sh --('11~s ones ~-~v~~ on OcfobQ,-- s~ Zoo3 ;~ f~ ~~ ~d ~~{-,s~n.~ . ~~ ya ~ ~a~~ any ~ ~e sf~~ns ~ ~~5~ 9 ~ c~<< m~ a~lG~- 2~7-5~io CITY OF ATLANTIC BEACH -FLORIDA CODE ENFORCEMENT BOARD MEETING A Special Called Meeting of the City of Atlantic Beach Code Enforcement Board will be held on Wednesday, October 15, 2003, at 7:00 p.m. in the Commission Chambers, 800 Seminole Road, Atlantic Beach, Florida. All persons interested are notified to be present at said time and place and they shall be heard. If a person decides to appeal any decision at any meeting or hearing, he will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which appeal is to be based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact Maureen King, City Clerk, at 247-5809 or at City Hall, 800 Seminole Road. Published: Beaches Leader: October 8, 2003 HP OfficeJet K Series K80 Personal Printer/Fax/Copier/Scanner Log for Information Systems 904 247 5846 Oct 06 2003 8:52am Last Transaction Date Time Tvne Identification Oct 6 8:Slam Fax Sent 92491501 Duration Pages Result 0:40 2 OK ~~"" • CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:00 P.M., SEPTEMBER 17, 2003 Call to Order Pledge of Allegiance to the Flag Roll Call 1. Approval of the Minutes of the Workshop Meeting held on May 6, 2003 2. Recognition of Visitors and Guests regarding any matters not listed on the agenda 3. Unfinished Business from previous meeting Code Enforcement Officer Alex Sherrer will give a follow-up report on the following case: • A. COMPLIANCE: (1). Case No.: 651-01, Kelly & Ruth Wilson, 615 Atlantic Blvd., the City Commission granted the Wilsons and extension until September 2003 to present engineering plans for a new sign. 4. Public Hearings: Case No.: 1331-02, Valda Hector, 387 Skate Road, Atlantic Beach, FL, Chapter 24, Section 6-16 FAILURE TO PROCURE A BUILDING P ERMIT P ER FLORIDA BUILDING CODE; Chapter 24, Sec 24-151 (b) (1) h ACCESSORY STRUCTURE EXCEEDING 150 SQUARE FEET; Chapter 24, Sec 24-104 (e) (2) STRUCTURE WITHIN 20-FOOT REAR SETBACK; Chapter 24, SEC 24-48 (8) FAILURE TO COMPLY WITH A COMMUNITY DEVELOPMENT BOARD ORDER 5. New Business: None 6. Board Member Comments: 7. Adjournment: 111