CE 1830 MAYPORT CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH,FLORIDA
NOTICE OF HEARING
February 12, 2014 CASE# 13-00000793
CERTIFIED MAIL RETURN RECEIPT
Ossi Klotz LLC REQUESTED:
645 Mayport Rd 7010 1870 0002 0629 6133
Atlantic Beach, FL 32233
1830 Mayport Rd
Atlantic Beach, Florida
Dear Respondent:
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 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, March 11, 2014, at 6:00 pm at Atlantic Beach City Hall,
Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged
violations on the property known as PT Govt Lot 3 Recd O/R 12109-1007 Being Parcel 4, RE#
172075-0200
International Property Maintenance Code/City Code of Ordinances
Violation Description
Chapter 20 Business Tax Receipts
Section 20-52. Levy. A business license tax shall be
levied on:
(1) Any person who maintains a permanent business location
or branch office within the City, for the privilege of
engaging in or managing any business within it's
jurisdiction.
(2)Any person who maintains a permanent business location
or branch office within the City, for the privilege of
engaging in or managing any profession or occupation within
it's jurisdiction.
The Code Enforcement Board may levy fines up to $250.00 per day for the first violation
and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the
violation is not corrected by the time specified for correction by the Code Enforcement Officer,
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the case could be presented to the Code Enforcement Board even if the violation has been
corrected prior to the Board hearing. Upon completing the corrective action required, it is your
responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to
verify compliance at(904)247-5855.
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 Dayna Williams, Secretary of the Code Enforcement Board within five
days of the receipt of this notice at(904) 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:
61‘.�
Day: Williams, Secretary Deborah White, Code Enforcement Officer
Cc: Tenant-Touch of Class
Notice of Hearing- Case# 13-00000793
Page 2 of 2
s-, CITY OF ATLANTIC BEACH
L) 800 SEMINOLE ROAD
ATLANTIC BEACH,FL 32233
(904)247-5810
March 14,2014
Ossi Klotz LLC
645 Mayport Rd
Atlantic Beach, FL 32233
RE: CODE ENFORCEMENT ORDER
CASE# 13-00000793
1830 Mayport Rd
Atlantic Beach, Florida
Dear Respondent:
On March 11, 2014, the Atlantic Beach Code Enforcement Board issued an order pertaining to
your case which is attached.
Please be advised that if you wish to request a rehearing of the attached Order, such request
must be submitted in writing to the Atlantic Beach City Clerk's Office, 800 Seminole Road,
Atlantic Beach, Florida no later than ten (10) days from the execution date of the order to be
appealed. The request must be based on the following grounds:
That there exists new and material evidence which, if introduced at the hearing, would probably
have changed the code enforcement board decision and could not with reasonable diligence have
been discovered before and produced at the hearing; and
Given this evidence,the order issued is contrary to the law and evidence.
Should you have any questions relative to this matter, please contact the Code Enforcement
Officer, Deborah White at(904)247-5855.
CITY OF ATLANTIC BEACH
Dayna illiams
Code Enforcement Board Secretary
cc: Code Enforcement Officer
Attachment: Code Enforcement Board Order
F" Y
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA,Petitioner CASE# 13-00000793
vs.
FIRST CLASS AND
Ossi Klotz LLC CERTIFIED MAIL RETURN RECEIPT
645 Mayport Rd REQUESTED:
Atlantic Beach,FL 32233 7010 1870 0002 0629 6362
1830 Mayport Rd
Atlantic Beach,Florida
RE: # 172075-0200
ORDER IMPOSING FINE
THIS CAUSE came for public hearing before the Code Enforcement Board on March 11,
2014, 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 Ossi Klotz LLC owns the property located at 1830 Mayport Rd,
Atlantic Beach, Florida.
2) That notice was sent by certified mail and that Respondent was not present at the
hearing.
3) That notification of the violations of the City of Atlantic Beach,were made and
served on the Respondent as evidenced in this hearing.
Chapter 20 Business Tax Receipts Section 20-52. Levy. A business license
tax shall be levied on:
(1) Any person who maintains a permanent business location or branch office
within the City, for the privilege of engaging in or managing any business
within its jurisdiction.
(2) Any person who maintains a permanent business location or branch office
within the City, for the privilege of engaging in or managing any profession or
occupation within its jurisdiction.
4) The aforementioned property shall be corrected by obtaining an Atlantic Beach
Business Tax receipt or cease business at this location by March 31, 2014.
CONCLUSIONS OF LAW
THAT Ossi Klotz LLC is not in compliance and has failed to correct such violation as of this
hearing date.
F .
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 obtain
compliance on or before March 31, 2014. Failure to comply will result in fines of$100.00 for
the first day and $100.00 for every day thereafter while the violation continues to exist. In
addition, any fine shall also include the administrative costs to the City incurred in prosecuting
this case.
THAT the Respondent is responsible for contacting the City of Atlantic Beach Code
Enforcement Officer and obtaining an inspection of compliance.
THAT failure to pay all accumulated fines will result in a lien being placed against the
property at 1830 Mayport Rd 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.
DONE AND ORDERED THIS March 11, 2014.
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT BOARD
ATTEST:
ua4 14,01A---t_____
Dayn L. Williams, Secretary By: Veda Harless, Chair
Executed this 10 day of f, ek( , 2014.
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.
c S&
E s CITY OF ATLANTIC BEACH
j " 800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
PHONE (904) 247-5855
AFFIDAVIT OF COMPLIANCE
Case# 13-00000793
I, Deborah White, Code Enforcement Officer for the City of Atlantic Beach Code Enforcement
Division, verify that the property referenced below was inspected on May 7th, 2014, and is now
in compliance:
1830 Mayport Rd dba Touch of Class
RE# 172075-0200
May 7,2014
Date Signature
STATE OF FLORIDA
COUNTY OF DUVAL
a Notary Public of the County and State aforesaid,hereby
certify that Deborah White, personally known to me to be the affiant in the foregoing affidavit,
personally appeared before me this day and having been by me duly sworn deposes and says that
the facts set forth in the above affidavit are true and correct.
Witness my hand and official seal this the 7 day of �f
No ublic
Notary Public State of Florida
Shirley L Graham
My Commission FF 086990
w� Expires 0211412018