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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, � A 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