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Permit 818 Cavalla Rd 44-3 c-el L/ CITY OF 4&4M1ZC Ve4d - %W,�(4 W SEMINOLE ROAD ATLANTIC BEACH,FLORM4 32233-5"5 TELEPHONE(W)247-SM FAX(9"247-SM December 7 , 1995 Richard A. Brown 1302 Neptune Grove Drive E. Neptune Beach, FL 32266-3626 Dear Sir: Our records indicate that you are the owner of the following property in the City ' of Atlantic Beach, Florida: 818 Cavalla Road a/k/a W.8.29' of Lot 3, Z.8.111 Lot 4, Block 26 Royal Palms Unit 2A RZ#171717-0150 Investigation of this property discloses that I have found and determined that you are in violation of City of Atlantic Beach Ordinance Chapter 12 , Section 12-1-(6) and 12-1-(7) i .e. , unregistered vehicles stored in front yard and high grass and woods under vehicles. You are hereby notified that unless the condition above described is remedied within ten (10) days from the date of your receipt hereof , this case will be turned over to the Code Enforcement Board. Under Florida Statute 162 .09, the Code Enforcement Board may impose fines of up to $250.00 per day for a first violation and $500.00 per day for a repeat violation. Sincerely, Karl W. Grunewald Code Enforcement Officer KWG/pah cc: City Manager VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED DICK BROWN, 1302 Neptune Grove Drive East Neptune Beach, Florida 32266 Tel. (904) 246-6029 36618 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY This property, to wit: locatedat: Z�WtZX,,(1, 4 is improperly stored and is in violation of the Ordinance Code of the City of Atlantic Beach, Florida; Chapter 21, Article 11, Division 1, Section 21-24 (a) and must be removed within ten (10) days otherwise it shall be presumed to be abandoned property and may be removed and destroyed by order of the City of Atlantic Beach. If the property is a motor vehicle, the owner will be liable for the costs of removal and destruction. Dated: Signed: &odet�n'forceme=Off�icer City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 (904) 247-5826 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY This property, to wit: - 6101-c HC,2c(-J,2 y- C bi-i F—7-- C y6KF 5 located at: — Z/ (- 7� is improperly stored and is in violation of the Ordinance Code of the City of Atlantic Beach, Florida; Chapter 21, Article 11, Division 1, Section 21-24 (a) and must be removed within ten (10) days otherwise it shall be presumed to be abandoned property and may be removed and destroyed by order of the City of Atlantic Beach. If the property is a motor vehicle, the owner will be liable for the costs of removal and destruction. Dated: 9 -3 Signed: �zj' C6d'eEnforcement Officer City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 (904) 247-5826 CITY OF SW SEMINOLE ROAD ATLANTIC BEACH,FLORIDA 32233-5"5 TELEPHONE(904)247-SM FAX(904)247-MS URNORANDUM July 29, 1994 TO: Kim D. Leinbach FROM: Karl W. Grunewald RE: Mr. Dick Brown, Owner of 818 Cavalla Road I hope you will find the following chronology of events and facts sufficient for your understanding of this case. I am attaching copies of all of the correspondence as dated for your easy perusal . Also enclosed are six photographs taken on various dates which should be self explanatory. The Cavalla Road Apartments have been a problem for the City for many years and to date that has not changed: On December 29, 1993, the original notice of violations was delivered certified mail addressed to owner (Dick Brown) at the address of record (tax roll , page 1716) and certification was signed by occupant . On February 18, 1994, notification to appear at March Code Edforcement Board meeting was returned unclaimed. Mr. Brown did not appear, however, Suzanne Green, Code Enforcement Board Attorney, indicated that proper notification was attempted and reasonable effort to notify was all that was required. The property was found to be in violation by the board and given until March 19, 1994 to bing it into compliance. (See Findings of Fact) delivered certified mail March 4, 1994 and accepted by occupant . L. Fontaine (occupant) was called as a witness. On March 9, 1994, Mr. Brown contacted me by telephone. After a lengthy conversation I agreed to contact Board Chairman Ed Martin, and on Mr. Brown's behalf, requested an extension of time. Based on my understanding that the time allotted would be more than adequate for compliance, Mr. Martin granted the extension through March 31, 1994. It was at this time that I first became aware of the fact that Mr. Brown did not reside at 818 Cavalla Road. During our conversation Mr. Brown gave me his residence address of 1302 Neptune Grove Drive East, Neptune Beach. He also indicated to me that although late, his tenant did in fact give him all certified mail up to that time. This fact certainly entered into the decision of whether or not to grant an extension of time and how long that would be. Kim Leinbach Page Two July 28, 1994 On April 5, 1994, an inspection of 818 Cavalla Road revealed that although some improvement was made the majority of violations still existed along with new violations, i .e. , abandoned skooter. This was now being viewed as a second, recurring violation, and pursuant to Chapter 162, Florida Statutes, the alleged violator need only be notified to appear before the next Code Enforcement Board hearing. The board met on May 3, 1994. Mr. Brown was notified by certified mail on April 13, 1994 (receipt signed) . On May 3, 1994, a letter from Mr. Brown was delivered to City Hall . The letter was to Mr. Ed. Martin and stated his reasons for not appearing at the hearing scheduled for that evening. At the hearing Mr. Brown was found to be in non-compl iance for a period of at least five (5) days . The fine of $100 .00 per day was instituted and a total of $500 .00 would be liened against the property. A copy of this order, findings of fact and the invoice in the amount of $500 .00 was mailed by certified mail to Mr. Brown and accepted by him on May 12 , 1994. On May 12, 1994, a letter was received at City Hall from Mr. Brown. In this letter Mr. Brown requested Mr. Martin to review all of the correspondence in hope of his agreement that proper notification was not made and that the fine be waived. This was forwarded to Mr. Martin along with a chronology of events and notification. On May 31, 1994, Mr. Martin notified Mr. Brown by certified mail (accepted) that the fine would be hold in abeyance until his appeal was acted upon at the July 5, 1994 Code Enforcement Meeting. It was strongly suggested that he be present at the July meeting. On July 5, 1994, the board met to hear Mr. Brown's appeal and based on evidence presented by Mr. Brown and myself , the board's decision was to continue the fine. The board gave Mr. Brown until July 23, 1994 to pay the fine, after which time a lien would be filed with the Circuit Court of Duval County. To date the f ine has not been paid and the proper measures for filing the lien have been taken by the City Clerk's Office. It is the opinion of department head Don Ford and myself as Code Enforcement officer that all legal and timely measures were taken to pursue compliance. In addition, considering Mr. Brown's Kim Leinbach Page Three July 28, 1994 position with the City of Jacksonville, every possible professional courtesy was extended. Any action beyond what was granted would jeopardize the ethical standards of the Code Enforcement Board and the Code Enforcement Officers. Chapter 162.11, Florida Statutes, provides for the right to appeal before the Circuit Court. Should Mr. Brown seek reversal of the board's decision this is his only avenue of appeal . I believe that I have accurately responded to Mr. Brown's letter and look forward to meeting with you upon your request . Sincerely, ewald Code Enforcement Officer KWG/pah Enclosures cc: Mayor Lyman Pletcher Edward Martin, Board Chairman Don C. Ford, Building official CITY OF ATLANTIC BEACH SPECIAL INVESTIGATION TO BE FILLED OUT BY COMPLAINTANT DATE 2_ ADDRESS 10 _Va 141ey LOCATION ij- COMPLAINT j:: Tr 4/,.; /c n /V X Zo r e r 5e e /gl //0101/ 4 2—f XO OWNER OF PROPERTY PHONE # SIGNATURE OF COMPLAINTANT -------------------------------------------- ----------------------------------- FOR OFFICE USE ONLY DATE OF INVESTIGATION Z, ot I INVESTIGATOR v CONDITIONS FOUND ACTION TAKEN COMPLIANCE- NOTES: