Item 8HAGENDA ITEM # 8H
OCTOBER 13, 2008
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: The Palms Apartments at: 3952 Mayport Road
SUBMITTED BY: Michael Griffin CBO, CFM ,Building Official
DATE: September 25, 2008
BACKGROUND:
The following information is submitted for discussion at the October 13,
2008, City Commission meeting regarding the unsafe structures located at 3952
Mayport Road.
On August 26, 2008, Notice (attachment I) was sent to 3952 Mayport
Road LCC notifying the property owner of unsafe conditions at the Palms
Apartment property at 3952 Mayport Road. The Notice was received certified
mail on August 27, 2008, signed by Mary Sorrell, Registered Agent for the LLC.
Notice was also sent to other interested parties including Chris Hionides,
Managing member and the mortgage holder First Guaranty Bank and Trust. The
Notice identified violations of the International Property Maintenance Code
(IPMC) related to unsafe buildings in addition to violation of City Code related to
creating an eyesore and blighting affect on adjacent properties. The Notice gave
twenty (20) days to request an appeal of the determination before the City
Commission, which expired on September 16, 2008.
I spoke with Mr. Hionides on September 5, 2008, and reminded him of the
appeal request deadline and also contacted his office on September 15, 2008,
reminding his office.
On September 22, 2008, the City received a letter dated September 18,
2008, (attachment II) from Chris Hionides, requesting a thirty (30) day extension
from the September 26, 2008, deadline to obtain necessary permits to comply
with the August 26, 2008, Notice. Please note the request was received on
September 22, 2008, which is five (5) days past the appeal deadline.
BUDGET: There are budget charges related to this request. It is estimated
demolition cost will range from $5,000 to $7,000 per structure for 25 structures.
RECOMMENDATION: To direct staff to proceed with the demolition of the
structures at 3952 Mayport Road.
AGENDA ITEM tt 8H
OCTOBER 13, 2008
ATTACHMENTS: Attachment I -Notice dated August 26, 2008, notifying
property owner of unsafe structures.
Attachment II -Letter requesting a thirty day extension from
Chris Hionides to obtain necessary permits.
Reviewed by City Manager:
Date:
AGENDA ITEM # 8H
OCTOBER 13, 2008
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CERTIFIED MAIL
August 26, 200
800 Seminole Road
Atlantic Beach, Florida 32233
Telephone (904) 247-500
FAX (904) 247-5805
3952 Ivlayport Road, LLC
2275 Atlantic Boulevard, suite 100
Neptune Beach, Fl 32266 Attention: Mary C. Sorrell, Registered Agent
Re: Violation of the City of Atlantic Beach International Property 1Vlaintenance Code
Regarding an Unsafe Structure at legal description 38-2S-29E 7.41 B DE
CASTR®Y FERRER CpRANT
Re Number 177649-0000
Address known as: Palms Apartments at 3952 Mayport Road
Dear Ms. Sorrell:
Please be advised that the 3952 Mayport Road LCC is in violation of Chapter 1,
Section 10.1.1 UNSAFE STRUCTURES of the International Property Maintenance
Code adopted by the City of Atlantic Beach which states: "An unsafe structure is one that
is found to be dangerous to the life, health, property or safety of tb~e public or the
occupants of the structure by not providing the minimum safeguards to protect or warn
occupants in the event of fire, or because such structure contains unsafe equipment or is
so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or
unstable foundation, that partial or complete collapse is possible."
Specifically, it is determined that twenty-fve (25) abandoned structures exist at
the above referenced property and are in violation due to the following conditions:
1. The existing vacant and partially demolished structures do not have adequate
lateral support for the second floor wood frame exterior perimeter walls to
protect from possible collapse due to being in a decayed and dilapidated
ronditio~?. All roof framing and substantial lateral support was removed
allowing rain and other weather elements to deteriorate the structural wood
framing connections. Removal of the roof may be considered as creating a
condition in which twenty percent (20®/®) of the load carrying-capacity for the
vertical elements of the lateral farce resistance system has been reduced. The
definition of Substantial Structural Damage may be found in Section 202 of
the 2004 edition of the State of Florida Existing Buildings Code.
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AGENDA ITEM # 8H
OCTOBER 13, 2008
2. The unprotected and partially demolished buildings are open to trespass by
vagrants and small children. The buildings are not provided with adequate
protection to keep persons from entering and committing illegal acts.
;. The partially de~i~olished bu~ld>ngs are also In vl,olatzon of Sect'on 4 Chapter
12 of the City of Atlantic beach ordinance by allowing a partially demolished
building to remain on a site for more than six (6) months without any activity
and creating an eyesore, and a situation or condition that adversely affects the
aesthetic appeal of the City. This condition was addressed to 3952 1Vlayport
Load I.CC, Mr. Chris Hionides, in a letter dated 1Vlarch 25, 2008, from Jim
Manson, City IVlanager. To date, it appears that no action has been taken to
remedy the sii~lation.
This letter requests that the noted violations be corrected by obtaining the
necessary permits to remove the subject structures from the property within thirty (30)
days from receipt of this letter. Additionally, removal of the structures must be complete
within ninety days from the date of issuance of the permit. Failure to comply with this
order will result in the City demolishing the structures and assessing all costs, including
administrative, against the property.
If you feel this letter has been sent to you in error, or that conditions described in
this letter do not exist to the extent to cause the necessary removal of the dangerous and
unsafe structures, you may appeal to the City of Atlantic beach Commission within
twenty (20) days following receipt of this letter.
It is our goal to enforce the codes and ordinances of il~e City of Atlantic beach
and protect the health, safety and welfare of the citizens of the City and, accordingly,
your cooperation in this matter is greatly appreciated. Please contact me at 904-247-5826
if you have any questions or need additional information.
Sincerely,
w
1Vlichael('rri , C~®, CFM
Building ®f~cial
XC: Jim 1=Janson, City Manager
l~1am Jensen, Cify Attorney
Clu-is ~ionides, 2275 Atlantic Blvd. Spite 100 Nept<ane Beach, Fl. 3226 (Certified flail)
Eric Campbell, 2275 Atlantic Blvd. mite 10O 1~Teptune Beach, F1.32266 (Cea-tii-led lWlail)
First guaranty Bank and 'Trust Company of Jacksonville, Fl. 32204 (Certified Mail)
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3952 Mayport Road, LLC AGENDA ITEM# 8H
2275 Atlantic boulevard OCTOBER 13,2008
Neptune Beach, Florida 32266
September 18, 2008
Mr. Michael Griffith, CBO, CFM
Chief Building Official
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Re: Former Palms Apartments property located at 3952 Mayport Road
Legal Description 38-2S-29E 7.41 B DE CASTRO Y FERRER GRANT, RE # 177649-0000
Violation of the City of Atlantic Beach International Property Maintenance Code
Regarding an Unsafe Structure
Dear Mr. Griffith:
Please submit this letter to the City of Atlantic Beach Commission as 3952 Mayport Road, LLC's formal
request for an extension of thirty (30) days from the September 26, 2008 deadline, to obtain necessary
permits or remove the building structures to conform to the City of Atlantic Beach's UNSAFE
STRUCTURES provision of Chapter 1, Section 108.1.1 Code.
The thirty day extension request is in response to your August 26, 2008 letter addressed to 3952
Mayport Road, LLC to correct existing conditions at this property address.
The twenty-five buildings located at 3952 Mayport Road are secured by perimeter fencing; authorized
owner representatives continue to monitor the property for security and vandalism; and regular
scheduled routine property maintenance continues to ensure the property meets all applicable code
standards.
Moreover, the structural elements of the buildings themselves consist of concrete block walls and
foundations that recently withstood near hurricane-force winds generated by tropical storm Faye.
Finally, it should be noted that all buildings do not contain any windows or glass, and do not contain any
roofing elements that could pose a safety hazard to the public.
3952 Mayport Road, LLC continues to evaluate its redevelopment alternatives and potential and timing
of demolition, and requires this short thirty-day extension to finalize its development plans.
We look forward to the City's positive response to our request, and to work closely with the City in the
redevelopment of the former Palms Apartments.
Sin rely,
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Chris Hionides
Managing member, 3952 Mayport Road, LLC
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