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CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH,FLORIDA CASE# 124109
Petitioner,
vs.
Mr.John C.Lane
Respondent !/�•
cot 0,th
Address: 342 Seminole Road
Description: 10-1516-2S-29E
RE# 170431-0000
ORDER IMPOSING FINE
THIS CAUSE came for public hearing before the Code Enforcement Board on March 9,2010 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 Mr.John C.Lane owns the property located at 342 Seminole Road,
Atlantic Beach,Florida.
2. That notice was sent by certified mail and that Respondent was not present at the hearing,
but his relative(Mrs.Lane)was.
3. That notification of the violations of the Atlantic Beach Code,Chapter 24,Sec 106(b)
Residential Single Family permitted use,were made and served on the business as
evidenced in this hearing.
4. Residential Permitted use.
CONCLUSIONS OF LAW
THAT Mr.John Lane is not in compliance and has failed to correct such violation as of
this hearing.
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 be found in violation for non-compliance,and must come into
compliance by 12:00 pm,August 1,2010. Failure to comply will result in Administrative
fees and fines of $250.00 per day for every day after until compliance is met.
THAT failure to pay all accumulated fines will result in a lien being placed against the
property at 342 Seminole Road for the total assessment plus costs incurred for the filing of
the lien. 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 and a hearing shall not be necessary.
DONE AND ORDERED THIS 9th day of March 2010.
CITY OF ATLANTIC BEACH,FLORIDA
COD7ENF RCEMENT BOARD
By: C�. T
Ron Pendleton
Code Enforcement Board Vice Chair
Attest:
/�� 1-/LGdMc an
S n Gorm , ecretary
ATTENTION: It is your responsibility to notify Eddie Lopez, Code Enforcement Officer,
at 247-5855 and satisfactorily demonstrate that the violation has been corrected.
Code Enforcement Officer Statement
Case number:124109
Location:342 Seminole Rd.Atlantic Beach, Fl 32233
P I D#: 10-15-16-2S-29E
Respondent(s)John C. Lane.
Violation:Sec:24-106b Residential single family districts(RS2)
The inspection was made as the result of a: Complaint C Routine inspection Survey_X_
12/6/09- Visit loc.
12/7/09- NOV mail cert.(unclaimed)
12/22/10-E.mail contact
2/ /10- Post notice for CEB Hearing
Notice was achieved by:certified mail Hand Deliver Posting of property_X_
Newspaper notice
Photo your about to view are true and accurate of what was observed.
An inspection on March 9,2010 revealed the violation was: corrected not corrected X_
In order for the violation to be corrected the respondent shall comply with the ordinance and rent
only single family
City of Atlantic Beach,recommends the board issue an order giving the respondent to come in
compliance within 90 days which is on or before June 1&,2010 to correct the violation or a fine of up
to$250 a day be imposed for each day the violation continues to exists.
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CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
CASE NO. # 124109
February 24, 2010
John C. Lane ET AL
342 Seminole Road
Atlantic Beach, FL 32233
Dear Mr. Lane:
The Code Enforcement Board of the City of Atlantic Beach was created pursuant to
Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of
Ordinances. It is comprised of seven citizens, residents of Atlantic Beach, who meet regularly to
hear allegations of code violations.
You are hereby notified and ordered to appear at the next public hearing of the Code
Enforcement Board on Tuesday, the 91h day of March, 2010, 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 Atlantic Beach Code of Ordinances: Chapter 24, Section 106 (b): Residential
single Family permitted use, at property known as: 342 Seminole Road, Atlantic Beach,
FL, 0-1516-2S-29E, RE# 170431-0000.
The Code Enforcement Board may 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
could be presented to the enforcement board even if the violation has been corrected prior to the
board hearing.
You have the right to obtain an attorney at your own expense and to present witnesses in
your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the
procedure, please contact Susan Gorman, 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.
ATTEST: Sincerely,
Susan Gorman Eddie Lopez
Secretary Code Enforcement Officer
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
CASE NO. # 124109
February 24, 2010
John C. Lane ET AL
342 Seminole Road
Atlantic Beach, FL 32233
Dear Mr. Lane:
The Code Enforcement Board of the City of Atlantic Beach was created pursuant to
Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of
Ordinances. It is comprised of seven citizens, residents of Atlantic Beach, who meet regularly to
hear allegations of code violations.
You are hereby notified and ordered to appear at the next public hearing of the Code
Enforcement Board on Tuesday, the 9th day of March, 2010, 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 Atlantic Beach Code of Ordinances: Chapter 24, Section 106 (b): Residential
single Family permitted use, at property known as: 342 Seminole Road, Atlantic Beach,
FL, 0-1516-2S-29E, RE# 170431-0000.
The Code Enforcement Board may 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
could be presented to the enforcement board even if the violation has been corrected prior to the
board hearing.
You have the right to obtain an attorney at your own expense and to present witnesses in
your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the
procedure, please contact Susan Gorman, 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.
ATTEST: Sincerely,
l � Cil.r�f-M
Susan Gorman Eddie Lopez
Secretary Code Enforcem t Officer
Atlantic Beach Code Enforcement
800 Seminole Rd
Atlantic Beach FL 32233-5445
(904)247-5855
Affidavit of Posting
Case: 124109
Before me,undersigned authority,personally appeared Eddie Lopez,Code Enforcement Officer for City
of Atlantic Beach Code Enforcement Division,who after being duly sworn,deposes and says:
1. That he/she is an employee of Atlantic Beach,Florida and that he/she is over twenty—one
years of age.
2. That he/she posted a copy of the following document,Notice of Violation,on the following
person(s),Respondent(s)John C.Lane.on February 11`h,2010, located at 342 Seminole Rd.
Atlantic Beach,F132233
3. That a copy of the document posted is attached to this Affidavit.
FURTHER AFFIANT SAYETH NAUGHT.
DATED this 11th day February 2010
E444e Z"
SIGNATURE OF�FFIDAVIT POSTING
COUNTY OF DUVAL
The following instrument was acknowledged on the 1 la'February 2010,by Eddie Lopez who is
kno to a as a Code Enfo cement Officbr for the City of Atlantic Beach,Florida.
r
Signature of person taking acknow�ledgem t
Name of person taking acknowledgement(typed/printed/stamped)
Notary Public Stamp: '' DEBORAH A,WHITE
i*i MY COMMISSION#DD 634126
EXPIRES:May 21,2011
„�. MWO Thru Nwary Pubk Untlorwrlron
"PROPERTY MAINTENANCE IMPROVES PROPERTY VALUE"
j1 J Code Enforcement Department
800 Seminole Road
`S 1 Atlantic Beach,Florida 32233
Telephone(904)247-5800
FAX(904)247-5805
—,Dili
December 7,2009
John C.Lane ET AL
342 Seminole Road
Atlantic Beach,FL 32233
RE: Notice of Violation of Atlantic Beach Code of Ordinances, Section 24-106(b)- Residential, Single-
family Districts(RS-2)at property known as: 342 Seminole Road,Atlantic Beach,0-15 16-2S-29E,
RE# 170431-0000
Dear Mr. Lane;
Please be advised,Atlantic Beach Code Enforcement has found the property at the above referenced
address to be in violation of Chapter 24, Section 24-106(b)—Permitted uses per City of Atlantic Beach Code
which states"The Uses permitted within the RS-2 Zoning Districts shall be as follows. (1)Single-family
Dwellings."
This letter requests the noted violation be corrected by terminating the rental/lease agreement within 45
days from receipt of this letter. If the violation is corrected and then recurs or if the violation is not corrected
by the time specified in this notice this case may be presented to the Atlantic Beach Code Enforcement
Board even if the violation has been corrected prior to the board meeting. The Code Enforcement Board may
impose fines up to $250 a day for each day the violation is not corrected.
A re-inspection will be done on/or before January 20,2010. To avoid having this Code Enforcement
case set for hearing,all listed violation(s)on this notice must be in compliance on or before the date
established by Atlantic Beach Code Enforcement.Upon completing the corrective action(s)required,it is
your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify
compliance.
It is our goal to enforce the codes and ordinances of the City of Atlantic Beach and protect the health,
safety and welfare of the City,and accordingly,your cooperation in this matter is greatly appreciated.Please
contact Atlantic Beach Code Enforcement at 904-247-5826 if you have any questions or need additional
information.
Sincerely,
Eddie Lopez,Code Enforcement Officer
XC: File