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Agenda Item 10B5 W '; AGENDA ITEM # 1013 OCTOBER 24, 2011 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CASE #15311 Petitioner, vs. HAND DELIVERED Beniamin Brown, Respondent Certified Mail Address: 457 Sailfish Drive 7009 1680 0001 0641 0021 Description: Royal Palms Unit 2A Lot 1, Block 27 RE # 171374 -0000 457 Sailfish Drive Atlantic Beach, FL 32233 ORDER IWOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on May 10, 2011 and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT 1. That the Respondent Benjamin Brown owns the property located at 457 Sailfish Drive Atlantic Beach, Florida. 2. That notice was posted and sent by certified mail and that Respondent was not present at the hearing. 3. That notification of the violations of the International Property Maintenance Code Section 302.5, Rodent Harborage and Section 302.7, Accessory Structures, and City of Atlantic Beach, Code of Ordinances, Chapter 12, Nuisances, Section 12- 1(b)(7) and Chapter 24, Land Development Regulations, Section 24 -104, Residential, Single family district (RS -1)(b) Permitted Uses were made and served on the Respondent as evidenced in this hearing. 4. Specifically, the property is infested with rodents; fencing is dilapidated; open storage of trash, debris, appliances, tires, barrels, lawn mowers, automobile parts, ladders, tools, propane tanks, welding tanks; and operating a jurWsalvage business in a single family dwelling district at the aforementioned property. CONCLUSIONS OF LAW THAT Benjamin Brown is not in compliance and has failed to correct such violation as of this hearing date and this is a repeat violation. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered: THAT the Respondent is found in violation for non - compliance, and must come into compliance on or before 12:00 pm, June 10, 2011. Failure to comply will result in fines of $500.00 per day for every day thereafter until compliance is met plus administrative costs. If the fine reaches $15,000, the Code Enforcement Board recommends that the City Commission authorize the filing of a lawsuit against Mr. Brown for injunctive relief or any other legal recourse available to the city. THAT failure to pay all accumulated fines will result in alien being placed against the property at 457 Sailfish Drive for the total assessment plus costs incurred for the filing of the Iien. All lien amounts are to be made payable at an interest rate of ten (10) percent per annum from date of certification until paid. This Order becomes self - executing upon an Affidavit of Non - Compliance being filed with the City Clerk's Office. DONE AND ORDERED THIS 10th day of May 2011. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BO�ARD� �/ By: '� Ray MaAin " Code Enforcement Board Chairman Attest �aYLl'LdL am C J . L'._ Donna Bartle, Secretary ATTENTION: It is your responsibility to notify Kathy Stiles, Code Enforcement Officer, at 247- 5855 and satisfactorily demonstrate that the violation has been corrected. AGENDA ITEM # 1 OB OCTOBER 24, 2011 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEME NT BOARD CITY OF ATLANTIC BEACH, FLORIDA, Petitioner CASE 915311 vs. Benjamin Brown, Respondent Certified Mail Address: 457 Sailfish Drive 7006 2150 0002 2972 1459 Description: Royal Palms Unit 2A Lot 1, Block 27 RE # 171374 -0000 457 Sailfish Drive Atlantic Beach, FL 32233 ORDER THIS CAUSE came for public hearing before the Code Enforcement Board on July 12, 2011 and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT A. That the Respondent Benjamin Brown owns the property located at 457 Sailfish Drive, Atlantic Beach, Florida. B. That by Order of the Code Enforcement Board dated May 10, 2011, Mr. Brown was ordered to be in compliance on or before 12:00 p.m. on June 10, 2011 by removing all open storage of trash, debris, appliances, tires, barrels, lawn mowers, automobile parts, ladders, tools, propane tanks, welding tanks and operating a junk/salvage business in a single family dwelling district. C. An inspection on June 10, 2011 by the City of Atlantic Beach Code Enforcement Officer revealed that Mr. Brown was not in compliance as required by the Order. D. That Mr. Brown requested an appeal by letter to be heard by the Code Enforcement Board, alleging that he was in compliance on June 10, 2011, with the Order of the Board. The appeal was heard by the Board on July 12, 2011. E. That at the hearing before the Board on July 12, 2011, Mr. Brown consented to an inspection of his property by the City at 10:00 a.m. on July 13, 2011. Said inspection was conducted by Mike Griffin and the property was still not in compliance as required by the Order. CONCLUSIONS OF LAW THAT Benjamin Brown is not in compliance with the Order of the Board dated May 10, 2011, and his appeal is denied as follows: 1. The open storage of trash, debris, appliances, tires, barrels, lawn mowers, automobile parts, ladders, tools, propane tanks, welding tanks; and operating a junk a junk/salvage business still occur on the property. The gravity of the violation presents a serious threat to the health, safety and welfare of the community. 2. That Mr. Brown has taken some action to remove items, however, the violation still exists. 3. That this is a repeat violation and Mr. Brown has been found previously in violation. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered: THAT the Respondent's appeal of the Code Enforcement Board Order issued on May 10, 2011 is denied and said Order recorded in Official Record Book 15600, Page 1030 (2 pages) in the current public records of Duval County, Florida stands. DONE AND ORDERED THIS 12`' day of July 2011. CITY OF ATLANTIC BEACH, FLORIDA Attest: CODE ENFORCEMENT BOARD By: /2 Donna L. Bartle, Secretary Ra Mart' , Chairman bl Executed: July 22, 2011 PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this order shall be filed in circuit court within thirty (30) days of this order's execution.