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CE 1515 Ocean Boulevard 2013 I I � t A "go -7 Qtrw. 6/gal (o i � i ' AA-,OL, P(LANTjc r~ 'cC0R10a 4 CITY OF ATLANTIC BEACH CODE ENFORCEMENT DIVISION 800 Seminole Road Atlantic Beach,Florida 32233 PHONE: 247-5855 COURTESY NOTICE OF VIOLATION D r TIME ATE OWNER OCCUPANT t ADDRESS THE INSPECTION MADE OF THE ABOVE PREMISES THIS DATE DISCLOSED YOU WERE IN VIOLATION OF ORDINANCE: ( r JA � OF THE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA. - YOU CAN COMPLY BY d i.; WITHIN t>� DAYS OF THIS NOTICE =al I THIS IS A COURTESY NOTICE IN ORDER TO MAKE YOU AWARE OF A VIOLATION OF THE CITY CODE OF ATLANTIC BEACH. 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O.= N n 2 � o rn O s v a (3 �. `,. ,l w g• Com" � m wmw CD Qs � a o m0 �.r O aN N D w zo. m o u, 30 (D0 til w F m CL . 41) CD i o CD o 0 m m CD Ir -� (33 3CDa w o W X D 11 El M CD© C] N _ w n p �n (apo o WO <' m C� c cG_ O N N m in d ru CD 2�3 @ v Ln n�'�`❑ n n ` - f CL • Ln v a m m m • aa _CDN S? �` Q 3 O F EPD -o x _ •J -w O Q N ❑ ❑ �am b N o N o a ^' in _a y N \ Z m CD IS1 CITY OF ATLANTIC BEACH +J v 800 SEMINOLE ROAD r ATLANTIC BEACH,FL 32233 PHONE (904)247-5855 AFFIDAVIT OF COMPLIANCE Case# 13-00000178 I, Deborah White, Code Enforcement Officer for the City of Atlantic Beach Code Enforcement Division, verify that the property referenced below was inspected on 9-41—/3 September 10, 2013, and is now in compliance: 1515 Ocean Blvd RE# 171868-0000- - 09/10/13 Date /igenature STATE OF FLORIDA COUNTY OF DUVAL 1,01W Y-)1� Yy Q'lex i' , 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 h dayof JENNIFER WALKER MY COMMISSION a FF 011480 a'•. a EXPIRES'April 24,2017 Bonded Thu Notary Public Underwriters Notary Public i Vi y s CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 (904) 247-5810 August 27, 2013 Ossi Development, Inc. 1112 Third Street, Suite 4 Atlantic Beach FL 32233 RE: CODE ENFORCEMENT ORDER CASE# 13-00000178, 1515 Ocean Blvd Atlantic Beach, Florida Dear Respondent: On August 21, 2013 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 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 Da illiams Code E orcement Board Secretary cc: Code Enforcement Officer Attachment: Code Enforcement Board Order CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA,Petitioner CASE# 13-00000178 vs. Ossi Development, Inc. FIRST CLASS AND 1112 Third Street, Suite 4 CERTIFIED MAIL RETURN RECEIPT Atlantic Beach, FL 32233 REQUESTED: 7009 1680 0001 9825 5500 1515 Ocean Blvd Atlantic Beach, Florida RE: # 171868-0000 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on August 21, 2013 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 Development, Inc. owns the property located at 1515 Ocean Blvd, 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, Code of Ordinances, Chapter 24 Land Development Regulations, (RS-2)(b) Permitted Uses (1) Single family dwellings and Florida Building Code Section 105 Permit, 105.1 Required were made and served on the Respondent as evidenced in this hearing. 4. The aforementioned property shall be corrected by obtaining permits for the 2°d story deck in rear and limit any future occupancy to a single family dwelling only or demolish the structure and pool. CONCLUSIONS OF LAW THAT Ossi Development,Inc. is not in compliance and has failed to correct such violation as of this hearing date. 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: :aauuilduio3 :ua3ics, uolpv NOI.LV'IOI1130 SSJ2IQQV 1vW :HWVN :Fllva #uo. .1sanul "OA NOIJLDV ►ASVD �� sia, 61. i CASE ACTION FORM Investigation# DATE: 7— .SS3 30 9.f" • � QSS/ NAME: ADDRESS OF VIOLATION Action Taken: Compliance: / Code Enforcement Officer Statement Property Owner: OSSI DEVELOPMENT, INC. 1112 Third Street, Suite 4,Neptune Beach, FL 32266 Previous Owner: Petroni, property sold on June 13,2013 Case # 13-00000178 Location: 1515 OCEAN BLVD Lots 1 and 2,Block 63,MANDALAY Real Estate# 171868-0000 NOTICE OF VIOLATION: June 19, 2013 NOTICE OF VIOLATION RECEIVED/SIGNED FOR: June 21, 2013 VIOLATIONS Violation Description Chapter 24. Land Development Regulations. (RS-2) (b) Permitted uses. The uses permitted within RS-2 zoning district shall be: (1) Single family dwellings. Violation Description FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, remove, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official. Ownership of the property as determined by X Tax Records ❑ Title Search X Other The inspection was prompted by: 1. X Complaint ❑ Routine Survey ❑ Other 2. Proper Notice was achieved in accordance with F.S. 162 by: x Certified Mail ❑ Hand Delivery ❑ Posting of Property 3. I X have ❑ have not spoken with someone in control of the property. Mr. Ben Ossi 4. Description of violation: (Photos) RECOMMENDATION: Staff recommends the Board find the property owner in violation and order that compliance be achieved by (obtaining permits for the 2nd story deck in rear and limit any future occupancy to a single family only) or demolish the structure and pool by September 10, 2013 or a fine of$100.00 be imposed for the first day and $100.00_for every day thereafter the violation continues to exists. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. MOTION: Board find the property owner in violation and order that compliance be achieved by (insert action needed) by (date) or a fine of $ be imposed for the first day and $ for every day thereafter the violation continues to exists. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Exhibit 1 Demolition Permit#13-3193 issued 8-14-13 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 INSPECTION PHONE LINE 247-5814 �f r Jill 13-00003193 Date 8/22/13 Application Number - . . 1515 OCEAN BLVD Property Address . . . . . Application type description DEMOLITION Property Zoning . . . . . . . TO BE UPDATED Application valuation . 0 ----------------------------- Application desc demo house and pool ----------------------------- Contractor Owner OSSI DEVELOPMENT, INC. OSSI CONTRACTING LLC 1112 THIRD STREET, SUITE 4 13349 STONE POND DR JACKSONVILLE FL 32224 ATLANTIC BEACH FL 32233 (904) 610-3125 -------------- ----- -----Permit • DEMOLITION PERMIT Additional desc plan Check Fee . 00 Permit Fee . . . . 100 . 00 0 Issue Date . . . . 8/20/13 Valuation Expiration Date . . 2/16/14 ------------------------------- -- ----------------------------------------- Special Notes and Comments Full erosion control measures, including catch basin wrapped in filter fabric on Ocean Blvd. , must be installed and approved prior to beginning any earth disturbing activities . Contact Public Works (247-5834) for Erosion and Sediment Control Inspection prior to start of construction. -------------------- ------------------------------------ 2 . 00 Other Fees STATE DCA SURCHARGE 2 , 00 STATE DBPR SURCHARGE ________ ------ Fee summary Charged Paid Credited _ ------- . 00 ---------- ---------- - - . 00 Permit Fee Total 100 . 00 100 . 0000 00 . 00 Plan Check Total . 00 . 00 4 . 00 4 . 00 . 00 Other Fee Total 00 . 00 Grand Total 104 . 00 104 . 00 PERMIT IS APPROVED ONLY IN ACCORDANCE WITH ALL CITY OF ATLANTIC BEACH ORDINANCES AND THE FLORIDA BUILDING CODES. CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 Vill ' PHONE (904) 247-5855 June 19, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ossi Development, Inc 1112 Third Street, Suite 4 Neptune Beach, Florida 32266 ^ RE: Notice of Violation—City of Atlantic Beach, Code of Ordinances RS-2 Single Family District, Permitted Uses and Definitions 1515 Ocean Boulevard, Lots 1 and 2, Block 63, Mandalay RE#171868-0000 Case # 13-178 Dear Mr. Ossi: Please be advised, Atlantic Beach Code Enforcement has found your property referenced above to be in violation of the City of Atlantic Beach, Code of Ordinances, Chapter 6, International Property Maintenance Code adopted and Chapter 24, Land Development Regulations to wit: VIOLATION CITY OF ATLANTIC CODE OF ORDINANCES Section 24-106. Residential, single family dwelling district(RS-2) (b) Permitted Uses. The uses permitted within the RS-2 zoning district shall be: (1) Single-family dwellings. Section 24-17. Definitions Family shall mean one (1) or more person, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants and minor children under the age of eighteen(18). Person living and cooking together in a domestic relationship and as an integrated single housekeeping unit, though not related by blood, adoption or marriage, provided that such alternative definitions of family shall not exceed two (2) persons over the age of eighteen (18). The term"family" shall not be construed to mean fraternities, sororities, clubs, convents or monasteries, or other types of institutional living arrangements. Page 2 1515 Ocean Boulevard March 13, 2013 Single Family Dwelling shall mean a building containing one (1) dwelling unit, and not attached to any other dwelling unit by any means, and occupied by one (1) family only This letter requests that the noted violations be corrected limiting the occupancy of the property and dwelling to two or less unrelated persons and converting the dwelling back to its original use as a single family dwelling and call for an inspection to verify compliance within thirty (30) days of receipt of this notice. To avoid having this case be referred to the Code Enforcement Board, all listed violations on this notice must be in compliance on or before the date established by Atlantic Beach Code Enforcement. The Board may impose fines up to two hundred fifty ($250.00)per day for continuing violations. 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 keep our neighborhoods looking well maintained and protecting property values, and accordingly,your cooperation in this matter is greatly appreciated. Please contact Atlantic Beach Code Enforcement at 904 247-5855 if you have any questions or need additional information. Sincerely, Debbie White CODE ENFORCEMENT OFFICER CITY OF ATLANTIC BEACH J = 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 !of;I PHONE (904)247-5855 June 19, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70112000000203468354 Ossi Development, Inc. 1112 Third Street, Suite 4 Atlantic Beach, FL 32233 RE: Notice of Violation, City of Atlantic Beach Code of Ordinances 1515 Ocean Blvd, 10-11 16-2S-29E .21 MANDALAY RE# 171868-0000, Case # 13-178 Dear Property Owner: Please be advised, Atlantic Beach Code Enforcement has found your property referenced above to be in violation of the City of Atlantic Beach, Code of Ordinances,to wit: VIOLATION Violation Description FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, remove, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any Required impact resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. (Stop Work Order issued on March 11, 2013, on 2"d Story roof top deck and rail repairs/replacement deck in rear yard) This letter requests that the noted violations be corrected by obtaining permits by licensed contractors to complete the repairs/replacement of deck and rails within ten (10) days of the receipt of this notice. To avoid having this case be referred to the Code Enforcement Board, all listed violations on this notice must be in compliance on or before the date established by Atlantic Beach Code Enforcement. The Board may impose fines up to two hundred fifty ($250.00)per day for continuing violations. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance. It is our goal to keep our neighborhoods looking well maintained while protecting property values and your cooperation in this matter is greatly appreciated. Please contact Atlantic Beach Code Enforcement at 904 247-5855 if you have any questions or need additional information. Sincerely, Deborah White CODE ENFORCEMENT OFFICER Page Number 2 1515 OCEAN BLVD June 18, 2013 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA NOTICE OF HEARING July 23, 2013 CASE# 13-00000178 CERTIFIED MAIL RETURN RECEIPT Ossi Development,Inc. REQUESTED: 1112 Third Street, Suite 4 70101870 0002 0629 7246 Neptune Beach,FL 32266 1515 Ocean Blvd 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 Wednesday, August 21,2013, 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 10-11 16-2S-29E .21 MANDALAY, RE# 171868-0000 International Property Maintenance Code/City Code of Ordinances Violation Description Chapter 24. Land Development Regulations. Violation Description Sec. 24-106. Residetial, single family dwelling district (RS-2) (b) Permitted uses. The uses permitted within RS-2 zoning district shall be: (1) Single family dwellings. Sec. 24-17. Definitions Violation Description FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct,enlarge, alter, repair,remove, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter,repair,remove, convert or replace any required impact resistant coverings, electrical, gas, mechanical or plumbing system,the installation of which is i regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 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, 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: I. � uu."'�' 4a�� r Dayna . Williams, Secretary Deborah White, Code Enforcement Officer Notice of Hearing- Case# 13-00000178 Page 2 of 2 A. U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN SETTLEMENT STATEMENT Richard T. Morehead Title& Escrow, Inc. I ❑�'^ 2. ❑FMHA s. E] coNv.uNINs. 444 Third Street 4. VA 5. CONV.INS. Neptune Beach,Florida 32266 6.File Number: 7.Loan Number 904-247-5147 fax:904-247-6087 13B1213 8.Mortgage Ins.Case No.: C.NOTE: This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown.Items marked poc)were paid outside the closing They are shown here for informational purposes and are not included in the totals. Ossi Development Inc. D.Buyer: 1112 3rd Street,Suite 4 Neptune Beach,Florida 32266 Erik Petroni a single person and Reidunn Petroni,a single person E.Seller: 1879 Beach Ave. Atlantic Beach,Florida 32233 F.Lender: 1515 Ocean Blvd. G.Property: Atlantic Beach,Duval County,Florida 32233 Duval County,Florida H.Settlement Agent: Richard T.Morehead Title&Escrow,Inc. Place of Settlement: 444 Third Street,Neptune Beach,Florida 32266 Duval County I.Settlement Date: June 13,2013 J. Summary of Buyer's Transaction K. Summary of Seller's Transaction 100.Gross Amount Due From Buyer: 400.Gross Amount Due To Seller: 101. Contract Sales Price 724,000.00 401. Contract Sales Price 724,000.00 102. Personal Property 402. Personal Property 103. Settlement Charges to Buyer(line 1400) 83.50 403. Adjustments for Items Paid by Seller in Advance: Adjustments for Items Paid by Seller in Advance: 106. Ci /Town Taxes 406. City/Town Taxes 107. County/Parish Taxes 407. County/Parish Taxes 108. Assessments 408. Assessments 120. Gross Amount Due from Buyer: 724,083.50 420. Gross Amount Due to Seller: 724,000.00 200. Amounts Paid by or in Behalf of Buyer: 500. Reductions in Amount Due to Seller: 201. Deposit/Earnest Money 10,000.00 501. Excess Deposit(see instructions) 202. Principal Amount of New Loan 502. Settlement Charges to Seller(Line 1400) 9,291.50 203. Existing Loans 503. Existing Loan(s) 204. 504. Payoff of First Mortgage 205. 505. Payoff of Second Mortgage 206. 506. Purchase Money Mortgage Adjustments for Items Unpaid by Seller: Adjustments for Items Unpaid by Seller: 210. Ci /Town Taxes 510. Ci /Town Taxes 211. County/Parish Taxes Jan 1,2013 thru Jun 5,657.45 511. County/Parish Taxes Jan 1,2013 thru Jun 5,657.45 12,2013 12,2013 212. Assessments 512. Assessments 220. Total Paid b /for Buyer: 15,657.45 520. Total Reductions in Amount Due Seller: 14,948.95 300. Cash at Settlement from/to Buyer: 600. Cash at Settlement to/from Seller: 301. Gross Amount due from Buyer(line 120) 724,083.50 601. Gross Amount due to Seller(line 420) 724,000.00 302. Less Amount Paid by/for Buyer(line 220) 15,657.45 602. Less Reductions Amount due Seller(line 14,948.95520) 303. Cash From Buyer: $708,426.05 603. Cash To Seller: $709,051.05 HUD-1 May 2007 June 12,2013 837 AM s File Number: 1361213 ent Charges 2ommission: rSettlement om Paid from ,000.00 er's Seller's ;sion as follows s at Funds at Settlement j Paid at Settlement .ale in Connection with Loan: ination Fee - Jiscount --- ,aisal Fee Ait Report ender's Inspection Fee Mortgage Insurance Application Fee Assumption Fee Items Required by Lender to be Paid in Advance: Al. Daily interest charge from Jun 7,2013 902. Mortgage Insurance Premium 903. Hazard Insurance Premium 904. Flood Insurance Premium - 1000. Reserves Deposited with Lender: 1001. Hazard Insurance 1002. Mortgage Insurance 1003. City Property Taxes 1004. County Property Taxes 1005. Annual Assessments 1100. Title Charges: 1101. Settlement or Closing Fee to Richard T.Morehead Title&Escrow,Inc. 350.00 1102. Abstract or Title Search to Old Republic National Title Insurance Company 150.00 1103, Title Examination 1104. Title Insurance Binder 1105. Document Preparation 1106. Notary Fees 1107. Attorney Fees (includes above item numbers: 1108. Title Insurance to Old Republic National Title Insurance Company 3,695.00 (includes above item numbers: 1109. Lender's 0.00 Coverage 1110. Owner's 724,000.00 Risk Rate Premium: $3,695.00 Coverage - 1111. Courier/Wire/Doc Storage Fees to Richard T.Morehead Title&Escrow,Inc. 65.00 1200. Government Recording and Transfer Charges:, 1201. Recording Fees: Deed 18.50 Mortgage 0.00 Releases 18.50 18.50 18.50 1202. City/County Tax/Stamps: Deed 0.00 Mortgage 0.00 1203. State Tax/Stamps: Deed 5,068.00 Mortgage 0.00 5,068.00 1204. Intangible Tax to Clerk of the Circuit Court 1205. 1300. Additional Settlement Charges: 1301. Survey 1302. Pest Inspection 1303. Beach Lien Letter to City of Atlantic Beach 10.00 1400. Total Settlement Charges(Enter on line 103,Section J and line 502,Section K-) $83.50 $9,291.50 I have carefully reviewed the HUD- I S ttlement Statement and to the best of my knowledge and bel' ,it a t an a c to statement f all receipts and disbursements made on my account y me in this transaction. I further certify that I have received co of -1 d nt ent. Developm Ossi e c. Buyer: Seller: Be .Ossi,Jr.,President Erik Petroni Seller: R dunn Petroni The HUD-1 Settlement SOat which I h e prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with thi stat ent Date: June 7,2013 Settlement Agent: Beth Murphy WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form.Penalties upon conviction can include a fine or imprisonment. For details see:Title 18 U.S.Code Section 1001 and Section 1010. OMB No.2502-0265 HUD-1 May 2007 RESPA handbook 4305.2 June 4,2013 2:16 PM White, Debbie From: White, Debbie Sent: Thursday, July 25, 2013 10:28 AM To: 'ben@ossidevelopment.com' Cc: Carper, Rick Subject: Code Enforcement Issues in Atlantic Beach Mr. Ossi : Would you please contact me so that we can discuss your properties at 1500 W Park Terrace and 1515 Ocean Boulevard. I left a message on your cell phone. Thank you, Debbie Debbie White Code Enforcement Officer City of Atlantic Beach (904) 247-5855 (904) 247-5845 FAX i REQUEST FOR NOTICE OF FEARING LETTER RE#: ! 71416 ,�r—d` I,,,rE: CASE#: _ ZY PROPERTY ADDRESS OF VIOLATION: LEGAL DESCRIPTION: i �- PROPERTY OWNER: 614 _ SEND CERTIFIED LETTER(S) TO: (Please check and explain all that apply) ❑ PROPERTY OWNER AT: ❑ ADDRESS (ABOVE) `C IFFERENT MAILING ADDRESS AS FOLLOWS: 32 ( / 1�2 " S4-, ❑ TENANT, AT THE FOLLOWING ADDRESS: (Tenant's Name) MEETING DATE: 9 -12) - I3 VIOLATION(S): (Please check (�) and explain all that apply) El IPMC AB CODE SECTION: S`7" l� lel ❑ IPMC q0A13 CODE SECTION: ❑ IPMC �C AB CODE SECTION: ❑ IPMC ❑ AB CODE SECTION: ❑ IPMC ❑ AB CODE SECTION: ❑ IPMC ❑ AB CODE SECTION: ❑ SAME AS ATTACHED: ❑ NOTICE OF VIOLATION DATED: ❑ NOTICE OF HEARING DATED: Optional Section (� SPECIAL INSTRUCTION: ] 1i ✓fail copy of Notice to ❑ Other: o s J\1: CITY OF ATLANTIC BEACH 7 800 SEMINOLE ROAD - ATLANTIC BEACH,FL 32233 PHONE (904)247-5855 March 13, 2013 CERTIFIED MAIL RETURN RECEIPT REOUESTED Erik Petroni, ET AL 1879 Beach Avenue Atlantic Beach, Florida 32233 i RE: Notice of Violation—City of Atlantic Beach, Code of Ordinances RS-2 Single Family District, Permitted Uses and Definitions 1515 Ocean Boulevard, Lots 1 and 2, Block 63, Mandalay RE#171868-0000 Case # 13-178 Dear Mr. Petroni: Please be advised, Atlantic Beach Code Enforcement has found your property referenced above to be in violation of the City of Atlantic Beach, Code of Ordinances, Chapter 6, International Property Maintenance Code adopted and Chapter 24, Land Development Regulations to wit: VIOLATION CITY OFATLA NTIC CODE OF ORDINANCES Section 24-106. Residential,single family dwelling district(RS-2) (b) Permitted Uses. The uses permitted within the RS-2 zoning district shall be: (1) Single-family dwellings. Section 24-17. Definitions Family shall mean one (1) or more person,related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants and minor children under the age of eighteen(18). Person living and cooking together in a domestic relationship and as an integrated single housekeeping unit,though not related by blood, adoption or marriage, provided that such alternative definitions of family shall not exceed two (2)persons over the age of eighteen(18). The term"family" shall not be construed to mean fraternities, sororities, clubs, convents or monasteries, or other types of institutional living arrangements. S J%�r1�� Js r 'J 1� v z CASE ACTION FORM Inv stigation# DATE: 5/6—/3 A ADDRESS OF VIOLATION Action Taken: Of Ic _ Compliance: vd•� A--6 S.TOP WORK CITY OF ATLANTIC BEACH BUILDING AND ZONING DEPARTMENT NOTICE This building has been inspected and: ®' General Construction ❑ Mechanical ❑ Concrete and Masonry ❑ Electrical ❑ Plumbing ❑ Gas Piping IS NOT ACCEPTED CORRECT AS NOTED BELOW, BEFORE ANY FURTHER WORK k6o! DO NOT REMOVE THIS NOTICE Inspector• M, a . Date:-'3 Failure to respond to this Notice within 10 days will result in this violation being forwarded to the CODE ENFORCEMENT BOARD. The posting of this Placard by its contents shall serve as due notice. f4ev" . fav-' *of deoc k ha S nd -�a 0 7 ry � .Pc t "(Jn_ /r ss J' ;r CASE ACTION FORM Investigation# DATE: NAME: �L t;1/0,4,60, ADDRESS OF VIOLATION Action Taken: J Ii �l/�� 5 '4C7113 Compliance: 14 --- __ off' PURCHASE AND SALE AGREEMENT AND DEPOSIT RECEIPT COPYRIGHTED BY AND SUGGESTED FOR USE BY THE MEMBERS OF REALTOR® THE NORTHEAST FLORIDA ASSOCIATION OF REALTORS®, INC. 0 pe✓c:I�r�1.,ti ti REALTOR® IR 1 Ossl Wetrtee; inc, 2 and Erik Petroni and Reldunn B. Petroni ("BUYER/PURCHASER") 3 which terms may be singular or plural and Include the successors --------("SELLER"), personal represaentadves and assigns of 4 BUYER and SELLER, hereby agree that SELLER will sell and BUYER will buy the following described property 5 with all improvements ("the Property"), upon the following terms and conditions and as completed or marked. In 6 any conflict of terms or conditions, that which is added will supersede that which is printed or marked. 7 PROPERTY DESCRIPTION: 8 (a)Street address, city, zip code: 1515 Ocean Blvd., Atlantic Beach, Florida 32233 9 (b) They Property is located in Duval County, Florida. Real Property Tax ID No: 1711868-0000 10 (c)Legal description of the Real Property (If lengthy , attach legal description): 10-11 16-2S-29E .21 11 Mandalay Lots 1, 2 and Blk 63 12 13 The Property will be conveyed by statutory general warranty deed, trustee's, personal representative's or 14 guardian's deed as appropriate to the status of SELLER (unless otherwise required herein), subject to current 15 taxes, existing zoning, recorded restrictive covenants governing the Property, and easements of record. Under 16 Florida law financing of the BUYER'S principal residence requires BUYER and BUYER's spouse to sign the 17 mortgage(s). Under Florida law the sale of a principal residence requires SELLER's spouse to sign the deed 18 even If the spouse's name is not on SELLER's present deed. 19 1. PURCHASE PRICE to be paid by BUYER Is payable as follows: 20 (A) Binder deposit paid herewith, which will remain a binder until closing 21 unless sooner disbursed according to the provisions of this Agreement g 22 (B) Binder deposit due within 2 days after date of acceptance of this 23 Agreement $ 10,000,00 24 (C) Additional binder deposit due on or before 25 days after date of acceptance of this Agreement or $ 26 (D) Balance due at closing(not including BUYER's closing costs, prepaid 27 Items or proratlons) by cashiers, official or certified check drawn on a 28 United States banking Institution or wire transfer 714,000.00 29 (E) Proceeds of a note and mortgage to be executed by BUYER to any 30 fender other than SELLER (base loan amount excluding FHA MIP, 31 funding fees or financed closing costs) $ 32 (F)Seller financing by note and mortgage executed by BUYER to SELLER $ 33 (G) PURCHASE PRiCE $ 724,000.00 34 Escrow Agent information (When the binder deposit(s)Is held by an attorney or title insurance agency): 35 Name: Richard T. Morehead Title& Escrow, Inc. 36 Address:444 Third Street, Neptune Beach, Florida 32266 37 Phone: 9U4-247-5147 Fax:904-247-6087 38 E-mall;bmurphy@richardmorehead.com 39 Note: In the event of a dispute between BUYER and SELLER regarding entitlement to the binder 40 deposit(s) held by an attorney or title Insurance agency, Broker's resolution remedies referenced 41 In paragraph 12(A)hereof are not available. 42 2. FINANCING INFORMATION: BUYER intends to finance this transaction as follows: 43 2f cash transaction 44 ❑loan without financing contingency 45 ❑loan as marked below with financing contingency. Page 1 of 9 4.16.12 46 (A) ❑FHA: "it is expressly agreed that, notwithstanding any other provisions of this Contract, the 47 PURCHASER shall not be obligated to complete the purchase of the Property described herein or to 48 incur any penalty by forfeiture of earnest money deposits or otherwise unless the PURCHASER has 49 been given in accordance with HUD/FHA or VA requirements a written statement by the Federal 50 Housing Commissioner, Department of Veteran Affairs, or a Direct Endorsement lender setting forth 51 the appraised value of the Property of not less than $ The PURCHASER shall 52 have the privilege and option of proceeding with consummation of this Contract without regard to the 53 amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum 54 mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the 55 value nor the condition of the Property. The PURCHASER should satisfy himself/herself that the price 56 and condition of the Property are acceptable." 57 (B) ❑VA: It is expressly agreed that, notwithstanding any other provisions of this Agreement, the BUYER 58 shall not incur penalty by forfeiture of earnest money or otherwise be obligated to complete the 59 purchase of the Property described herein, If this Agreement purchase price or cost exceeds the 60 reasonable value of the Property established by the Veterans Administration. The BUYER shall, 61 however, have the privilege and option of proceeding with the consummation of this Agreement 62 without regard to the amount of reasonable value established by the VA. 63 (C) ❑CONVENTIONAL OR USDA FINANCING: If BUYER's financing is conventional or USDA, it is 64 expressly agreed that, notwithstanding any other provision of this Agreement:, BUYER shall not incur 65 penalty by forfeiture of deposits) or otherwise be obligated to complete the purchase of the Property 66 described herein if the purchase price exceeds the appraised value of the Property as established by 67 the lender's appraiser. BUYER shall, however, have the option of proceeding with the consummation 68 of this Agreement without regard to the amount of said appraised value. This contingency shall expire 69 5 days after expiration of the Loan Approval Period. 70 (D) ❑OTHER FINANCING: []MORTGAGE ASSUMPTION ❑SELLER FINANCING. if marked see 71 applicable Addendum attached hereto and made a part hereof. 72 APPLICATION: Within days (5 days if left blank) after date of acceptance of this Agreement, 73 BUYER will make application for mortgage loan(s) and pay lender for credit report(s). BUYER will timely 74 furnish any and all credit, employment, financial, and other information required by lender. BUYER will pay 75 for the appraisal at the earliest date allowed by law and will instruct the lender to order the appraisal within 76 3 days after time of such payment. BUYER hereby authorizes BUYER's lender to disclose information 77 regarding the status, progress and conditions of loan application and loan approval to SELLER, SELLER's 78 attorney, Broker(s)to this transaction, and settlement agent. 79 Unless the mortgage loan is approved within days (45 days if left blank) after date of 80 acceptance of this Agreement, hereinafter called Loan Approval Period, without contingencies except 81 those pertaining to the Property, BUYER and SELLER shall have 5 days thereafter to: 82 (1) Extend the time for loan approval by mutual written agreement; or 83 (2) Terminate this Agreement by written notice to the other party. 84 If BUYER and SELLER do not extend the time for loan approval or terminate: this Agreement within 85 said 5 day period, this Agreement shall no longer be subject to a financing contingency. in this event, 86 neither party shall have a right to terminate this Agreement under this paragraph, the binder deposit 87 shall not be refundable because of BUYER's failure to obtain financing, and this Agreement shall 88 continua through the date of closing. As used in this paragraph, contingencies pertaining to the 89 Property Include, but are not limited to, marketable title and survey as required' by this Agreement. 90 3. TITLE EXAMINATION AND DATE OF CLOSING: 91 (A) If title evidence and survey, as specified below, show SELLER is vested with marketable title, 92 including legal access, the transaction will be closed and the deed and other closing papers delivered 93 on or before ❑ Z] 60_ days after date of acceptance of this 94 Agreement, unless extended by other conditions of this Agreement. Marketable title means title which 95 a Florida title insurer will Insure as marketable at its regular rates and subject only to matters to be 96 cured at closing and the usual exceptions such as survey, current taxes, zoning ordinances, 97 covenants, restrictions and easements of record. From the date of acceptance of this Agreement 98 through closing, SELLER will not take or allow any action to be taken that alters or changes the status 99 of title to the Property. 100 (B) Extension of Date of Closing 101 If closing cannot occur by the date of closing due to Truth In Lending Act (TILA) disclosure 142 requirements, the date of closing shall be extended for the period necessary ttr satisfy TIL A disclosure 103 requirements, not to exceed 7 business days. PASA Page 2 of 9 4.16.12 104 If extreme weather or other condition or event constituting acts of God causes (1) disruption of 105 services essential to the closing process or(Ii) unavailability of hazard, flood or wind Insurance prior to 106 closing, the date of closing will be extended for up to 5 days after restoration of services essential to 107 the closing process and availability of applicable insurance. If (1) or (ii) continues for more than 30 108 days beyond the date of closing, BUYER or SELLER may terminate this Agreement by delivering 104 written notice to the other party. 110 if title evidence or survey reveals any defects which render the title unmarketable, BUYER or closing 111 agent will have 5 days from receipt of title commitment and survey to notify SELLER of such title 112 defects, SELLER agrees to use reasonable diligence to cure such defects at SELLER's expense and 113 will have 30 days to do so, In which event this transaction will be closed within 10 days after delivery 114 to BUYER of evidence that such defects have been cured but not sooner 'than the date of closing, 115 SELLER agrees to pay for and discharge all due and delinquent taxes, liens and other monetary 116 encumbrances, unless otherwise agreed. If SELLER is unable to convey to BUYER marketable title, 117 BUYER will have the right to terminate this Agreement or to accept such title as SELLER may be able 118 to convey, and to close this transaction upon the terms stated herein, which election will be exercised 119 within 10 days after BUYER's receipt of SELLER's written notice of SELLER'S inability to cure. 120 4. TITLE EVIDENCE: At least days before date of closing (5 days if left blank), the art ng for 121 the title insurance shall cause the title agent to issue: Z Title insurance commitmentfor ano ner'slpolicy 122 in the amount of the purchase price ❑ Title insurance commitment for mortgage policy in the amount of 123 the new mortgage. Any expense of curing title defects such as but not limited to legal fees, discharge of 124 liens and recording fees will be paid by SELLER. 125 5. SURVEY: At least days before date of closing (5 days if left blank), the party paying for the survey 126 shall cause to be delivered to settlement agent: ❑ A new staked survey of the Property dated within 3 127 months of date of closing showing all improvements, certified to BUYER, lender, and the title insurer in 128 compliance with Florida law. ® A copy of a previously made survey of the Property showing all existing 129 Improvements and sufficient to allow removal of the survey exceptions from the title insurance 130 commitment. ❑ No survey is required. 131 If a surveyor's flood elevation certificate is required, BUYER shall pay for it. 132 6, CASUALTY LOSS OR DAMAGE: If the Property is damaged by any casualty prior to closing, SELLER S 133 shall immediately notify BUYER In writing. If the cost of repair or restoration does not exceed 3S L the 134 purchase price, cost of restoration will be an obligation of SELLER and closing will proceed pursuant to 135 the terms of this Agreement. If the cost of repair or restoration exceeds 3% of the purchase price, BUYER 136 may terminate this Agreement by giving written notice to SELLER within 10 days after BUYER's receipt of 137 written notice from SELLER of the casualty, if BUYER has not so terminated, SELLER shall have 30 days 138 from the end of said 10 day period to complete the repairs In accordance with the conditions r 139 paragraph 14 and all applicable laws. Closing shall occur within 20 days thereared by fter but not sequiequi r than 140 the date of closing as set forth in paragraph 3. 141 If BUYER has not terminated as above and the cost of repair or restoration exceeds said 3%and SELLER I42 declines to pay the excess, then SELLER must notify BUYER in writing of same within 15 days after the 143 casualty. In this event, BUYER may either purchase the Property as Is, together with any insurance 144 proceeds payable by virtue of such casualty (to be assigned by SELLER to BUYER upon closing) plus an 145 amount equal to SELLER's deductible, or BUYER may terminate this Agreement. BUYER shall have 5 146 days after receipt of SELLER's written notice of refusal to pay the excess costs, to terminate this 147 Agreement, or be deemed to have elected to proceed with this transaction. 148 7. PRORATiONS: All taxes, rents, condominium and homeowners' association fees, solid waste 149 collection/disposal fees, stormwater fees, and Community Development District ("CDD") fees will be 150 prorated through day before closing based on the most recent information available to the closing 151 attorney/settlement agent using the gross tax amount for estimated tax prorations. The day of closing 152 shall belong to BUYER. Any proration based on an estimate shall be reprorated at the request of either 153 party upon receipt of the actual bill based on the maximum discount available. 154 PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY UPON SELLER'S 155 CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE 156 OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR 157 PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD 158 RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING 159 VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOli INFORMATION. PASA Page 3 of 9 4.16.12 160 8. BUYER WILL PAY: 161 (A) CLOSING COSTS; 162 ZIRecording fees ❑ lb3 ❑Intangible tax Closing attorney/settlement fee ❑BUYER's courier fees 164 ❑Note stamps F]Adjusted mortgage origination charges 165 []Simultaneous mortgagee title insurance policy ❑Mortgage insurance premium 166 DTitle insurance endorsements ❑Mortgage discount not to exceed 167 ©Wood-destroying organism report DAppralsai fee 168 ❑Lender's flood certification fees ❑Credit report(s) 169 ❑Tax service fee ❑Mortgage transfer and a.,sumptlon charges 170 ❑Inspection and reinspection.fees ❑Title search 171 ❑Real estate brokerage fee ❑VA funding fee 172 ❑Survey ❑One year home warranty 173 ❑Other 174 (B) All other charges required by lender(s) in connection with the BUYER's loan(s), unless prohibited by 175 law or regulation. 176 (C) Condominium and homeowners' association application/transfer fees, the cost of completion of a 177 lender's condominium questionnaire and capital contributions, if required. 178 (D) PREPAIDS: Prepaid hazard, flood and wind insurance, taxes, interest and mortgage Insurance 179 premiums If required by the lender. 180 9. SELLER WILL PAY: 181 (A) CLOSING COSTS; 182 ®Deed stamps ❑One year home warranty 183 [,Owner's title insurance policy 184 ®Title search Title Insurance endorsements ❑Lender's flood certification fees 185 ]Closing attomey/Settlement fee []Mortgage discount not to exceed 186 []Real estate brokerage fee ❑Appralsal fee 187 []Survey ❑Tax service fee 188 mSatisfaction of mortgage and recording fee ❑SELLER's courier fees 189 ❑Wood-destroying organism report(Seller must pay if VA) 190 ❑Other 191 (B) Condominium and Homeowners'Association estoppel/statement costs. 192 (C) All other charges required by lender(s) in connection with the BUYER's loan(s) which BUYER is 193 prohibited from paying by law or regulation. 194 (D) if SELLER agrees to pay any amount toward BUYER's closing costs and/or prepaids, SELLER shall 195 be obligated to pay, upon closing, only those costs marked In paragraph 8(A) and those specified 196 In paragraphs 8(8), 8(C) and 8(D), This amount will include all VA/FHA non-allowables not specified 197 to be paid by SELLER. 198 (E) All mortgage payments, condominium or homeowners association fees and eissessments, Community 199 Development District"(CDD)" and government special assessments due and payable shall be paid 200 current at SELLER's expense at the time of closing, 201 (F) Public Body Special Assessments. At closing, SELLER will pay: (I) the full arnount of liens imposed by 202 a public body that are certified, confirmed and ratified before the date of closing not payable in 203 Installments; and (ii)the amount of the public body's most recent estimate or assessment for an 204 Improvement which is substantially completed as of date of acceptance of this Agreement but that has 205 not resulted in a lien being imposed on the Property before closing. "Public body"does not include a 206 condominium or homeowners'association or CDD fees. 207 If public body special assessments may be paid In installments (CHECK ONE:) 208 ❑BUYER shall pay installments due after date of closing. 209 ®SELLER will pay the assessment in full prior to or at the time of closing. 210 IF NEITHER BOX IS MARKED THEN BUYER SHALL PAY INSTALLMENTS DUE AFTER DATE 211 OF CLOSING. This paragraph 9(F) shall not apply to liens imposed by a Community 212 Development District created by Florida Statutes 190. The special benefit tax assessment 213 Imposed by a Community Development District shall be treated as an adl valorem tax. 214 (G) FIRPTA Tax Withholding: if SELLER is a "foreign person" as defined by the Foreign investment in 215 Real Property Tax Act, the BUYER and SELLER shall comply with the Act, which may require 216 SELLER to provide additional funds at closing. PASA Page 4 of 9 4.16.12 217 10. DEFAULT: 218 (A) if BUYER defaults under this Agreement, all binder deposit(s) paid and agreed to be paid (after 219 deduction of unpaid closing costs Incurred except inspection fee(s), credit report and appraisal fees) 220 will be retained by SELLER as agreed upon liquidated damages, consideration for the execution of 221 this Agreement and in full settlement of any claims. BUYER and SELLER will then be relieved of all 222 obligations to each other under this Agreement except for BUYER's responsibility for damages 223 caused during inspections as described in paragraph 14. 224 (B) If SELLER defaults under this Agreement, BUYER may either. (1) seek specific Performance; or (11) 225 elect to receive the return of BUYER's binder deposit(s) without thereby waiving any action for 226 damages resulting from SELLER's default. 227 (C) Binder deposit(s) retained by SELLER as liquidated damages will be distributed pursuant to the terms 228 of the Ilsting agreement. 229 11. NON-DEFAULT PAYMENT OF EXPENSES: 230 (A) if BUYER fails to perform, but is not in default, all loan and sale processing and closing costs 231 incurred, whether the same were to be paid by BUYER or SELLER, will, be the responsibilitof 232 BUYER with costs deducted from the binder depositys) and the remainder of the binder deposits) 233 shall be returned to BUYER. This will include but not be limited to the transaction not closing because 234 BUYER does not obtain the required financing as provided in this Agreement or BUYER invokes 235 BUYER's right to terminate under any contingency in this Agreement; however if Buyer elects to 236 terminate this Agreement pursuant to paragraphs 2(A), 2(B), 2(C), or 14 each party 237 responsible for all loan and sale processing costs specified to be paid by that party. will be 238 (B) if SELLER fails to perform, but is not In default, all loan and sale processing and closing costs 239 incurred, whether the same were to be paid by BUYER or SELLER, will be the responsibility of 240 SELLER, and BUYER will be entitled to the return of the binder deposits). This will include the 241 transaction not closing because SELLER elects not to pay for the amount in excess of the amounts e 242 paragraph 6, with respect to casualty, loss or damage, or because SELLER cannot deliver marketable 243 title, but shall not include failure to appraise, or termination pursuant to paragraph 14. 244 12. BINDER.DISPUTE,WAIVER OF JURY TRIAL AND ATTORNEY FEES: 245 (A) in the event of a dispute between BUYER and SELLER as to entitlement to the binder deposit(s), the 246 holder of the binder deposlt(s) may file an Interpleader action in accordance with applicable law to 247 determine entitlement to the binder deposit(s), and the interpleader's attorney's fees and costs shall 248 be deducted and paid from the binder deposit(s)and assessed against the non-prevailing party, or the 249 broker holding the binder deposit(s) may request the issuance of an escrow disbursement order from 250 the Florida Division of Real Estate. In either event, BUYER and SELLER agree to be bound thereby, 251 and shall indemnify and hold harmless the holder of the binder deposit(s) from all costs, attorney's 252 fees and damages upon disbursement in accordance therewith. 253 (B) All controversies and claims between BUYER, SELLER or Broker, directly or indirectly, arising out of 254 or relating to this Agreement or this transaction will be determined by non jury trial. BUYER, SELLER 255 and Broker,jointly and severally, knowingly, voluntarily and intentionally waive any and all rights to a 256 trial by jury In any litigation, action or proceeding involving BUYER, SELLER or Broker, whether 257 arising directly or indirectly from this Agreement or this transaction or relating thereto. Each party will 258 be liable for their own costs and attorney's fees except for Interpleader's attorney's fees and costs 259 which shall be payable as set forth in paragraph 12(A). 260 13, PROPERTY DISCLOSURE: SELLER does hereby represent that SELLER has legal authority and 261 capacity to convey the Property. SELLER represents that SELLER has no knowledge of facts materially 262 affecting the value of the Property other than those which BUYER can readily observe except: 263 None 264 265 SELLER further represents that the Property is not now and will not be prior to date of closing subject to a 266 municipal or county code enforcement proceeding and that no citation has been Issued except: 267 None 268 269 If the Property is or becomes subject to such a proceeding prior to date of closing, SELLER shall comply 270 with Florida Statutes 125.69 and 162.06; notwithstanding anything contained within said Statutes, 271 SELLER shall be responsible for compliance with applicable code and all orders issued in such 272 proceeding unless otherwise agreed herein. SELLER has received no written or verbal notice from any 273 governmental entity as to uncorrected building, environmental or safety code violations, and SELLER has 274 no knowledge of any repairs or improvements made to the Property not In compliance with governmental 275 regulations except: 276 None 277 RASA Page 5 of 9 4.16.12 278 (A) Energy Efficiency: In accordance with Florida Statute 553.996, notice is hereby given that the BUYER 279 of real property with a building for occupancy located thereon may have the building's ener cy 280 rating determined, BUYER acknowledges receipt of the Florida energyefficiency ratingginforcle on 281 brochure prepared by the State of Florida at the time of or prior to BUYER signing this Agreement information 282 (B) Radon Gas Disclosure: Radon gas is a naturally occurring radioactive gas that, when it has 283 accumulated in a building in sufficient quantities, may present health risks to persons who are exposed 284 to it over time. Levels of radon that exceed federal and state guidelines have; been found in buildings in 285 Florida. Additional information regarding radon testing may be obtained from your county health unit. 286 (C) Flood Zone: BUYER is advised to verify with the lender and appropriate government agencies 287 whether flood Insurance Is required and what restrictions apply to improving the Property and 288 rebuilding in the event of casualty. 289 (D) Community Development District: The Property may be in a Community Development District 290 (CDD). See BUYER'S Community Development District Acknowledgement for further Information. 291 (E) Mold Disclosure: Mold is naturally occurring. The presence of mold in a home o 292 health problems and damage to the Property. r building may cause 293 (F) Defective Drywall: The presence of Defective Drywall In a home may cause health problems and 244 damage to the Property. 295 (G) Airport Notice Zones:If the Property is In Noise Zones A, B and/or an Airport Notice Zone, BUYER 296 and SELLER agree to comply with the City of Jacksonville Ordinance Code: 337 If this Agreement is terminated as provided In this paragraph, BUYER and SELLER shall be released 338 from all further obligations under this Agreement except as otherwise provided in this paragraph 14. 339 Prior to the binder deposit(s) being delivered to BUYER, BUYER shall provide;SELLER with paid 340 receipts for all investigations and inspections. 341 BUYER shall be responsible for prompt payment for all of BUYER's inspections and investigations. 342 BUYER agrees to indemnify and hold SELLER harmless from all losses, damages, claims, suits, and 343 costs which may arise out of any contract, agreement, or injury to any person or property as a result of 344 any activities of BUYER and BUYER's agents and representatives relating to inspections and 345 investigations except for any losses, damages, claims, suits, or costs arising out of pre-existing 346 conditions of the Property or out of SELLER's negligence, willful acts or omissions. 347 SELLER shall have any agreed upon repairs/replacements/treatments complated by appropriately 348 licensed persons within 10 days of entering into a written agreement for such with BUYER and receipt 349 by SELLER of written notice of BUYER's loan approval, if applicable. SELLER shall notify BUYER in 350 writing upon completion of all agreed upon repairs/replacements/treatments and provide BUYER with 351 copies of all receipts for same at that time. BUYER may,within 3 days after receipt of SELLER's 352 written notice and delivery of such receipts, reinspect the Property solely to verify that SELLER has 353 completed the agreed upon repairs/replacements/treatments, No other repaiNreplacement/treatment 354 issues may be raised as a result of this reinspection. 355 Walk-Through: Prior to closing, BUYER may walk through the Property solely to verify that SELLER 356 has maintained the Property In the condition required in this Agreement. 357 (B) Broker's Notice: Neither the Listing Broker nor Selling Broker warrants the condition, size or square 358 footage of the Property and neither is liable to BUYER or SELLER in any manner whatsoever for all losses, 359 damages, claims, suits, and costs regarding same, BUYER and SELLER hereby release and hold 360 harmless said Brokers and their licensees from all losses, damages, claims, suits, and costs arising out of 361 or occurring with respect to the condition, size or square footage of the Property. Brokers shall not be liable 362 for the performance by any provider of services or products recommended by Brokers. Such 363 recommendations are made as a courtesy. BUYER and SELLER may select their own providers of 364 services or products. 365 (C) BUYER's Responsibility: Repairs, replacements and treatments to the Property after date of closing or 366 BUYER's possession, whichever occurs first, will be BUYER's responsibility unless otherwise agreed in 367 writing. 368 15. POSSESSION: 369 ®BUYER will be given possession at closing 370 ❑BUYER will be given possession within_days after the date of closing at no rental cost to SELLER. 371 If neither box is marked then BUYER will be given possession at closing. 372 If possession is to be delivered before or after date of closing, the BUYER and SELLER shall execute a 373 separate possession agreement prepared by legal counsel at possessor's expense at least 5 days before 374 date of closing on terms reasonably acceptable to BUYER and SELLER. 375 SELLER shall sweep the Property clean and remove all personal property not included In sale by time of 376 BUYER's possession. 377 []SELLER represents that there are no parties in possession other than SELLER. 378 ®BUYER understands that the Property is available for rent or rented and the tenant may continue in 379 possession following date of closing unless otherwise agreed In writing. Within 5 days after date of 380 acceptance of this Agreement SELLER shall provide BUYER with a copy of all current leases for the 381 Property and deliver to BUYER originals of same at closing. At closing, all tenant deposits will be 382 transferred from SELLER to BUYER and any leases shall be deemed to have been assigned by SELLER 383 to BUYER and the obligations thereunder assumed by BUYER. 384 16. PERSONAL PROPERTY: The following items owned by SELLER and existing on the Property on the 385 date of the initial offer are Included in the purchase price: range/oven, cooktop, dishwasher, disposal, 386 ceiling fans, audio/visual system wiring, light fixtures, bathroom mirrors, drapery hardware, all window 387 treatments, garage door opener and control, security gate and other access devices, mailbox and mailbox 388 key If applicable; fence, plants and shrubbery, all as now installed on the Property, and those additional 389 items checked below(to which no value has been assigned). 390 ❑Refrigerator (Smoke detector(s) ❑Pool fence/barrier ❑Mounted/installed speakers 391 ❑Washer ❑Window/wall a/c 392 ❑D er ❑Pool Sweep ❑Water softener/treatment system rY ❑Bulit-in Generator ❑Above Ground Pool ❑Storm shutters and panels 393 []Gas logs ❑Wine cooler ❑Storage Shed ❑Spa or ho!:tub with heater 394 ❑Trash Compactor E)microwave Oven [—]Intercom PASA Page 7 of 9 4.16.12 395 ®Other(specify):All personal property except refrigerator in main house and washer/dryer in outside 396 shed, Items specifically excluded from this Agreement: 397 398 39917. ADDENDA/RIDERS/DISCLOSURES: 400 If marked the following are attached hereto and made a part of this Agreement: 401 ❑Condominium Rider 402 ❑Homeowners'Association/Community Disclosure 403 01ead-Based Paint Disclosure Form(for pre-1978 homes) 404 ❑Coastal Construction Control Line Disclosure 405 ❑Short Sale Addendum 406 ❑USDA Financing Addendum 407 []For Your Protection: Get a Home inspection(for FHA Financing) 408 []Other(Specify here) 409 ADDITIONAL TERMS AND CONDITIONS: 1) Property is being purchased"as Is" and seller is not 410 obligated to make any repairs. 2) Buyer to provide proof of funds within 5 days of contract acceptance. 411 3) Buyers Inspection period shall be 16 days after the date of acceptance in lieu of 10 days. 412 413 414 415 416 417 418 419 18. COMPLETE AGREEMENT AND MISCELLANEOUS PROVISIONS: BUYER and SELLER acknowledge 420 receipt of a copy of this Agreement. Except for brokerage agreements, BUYER, SELLER and Broker 421 agree that the terms of this Agreement constitute the entire agreement between them and that they have 422 not received or relied on any representations by Brokers or any material regarding the Property including, 423 but not limited to, listing information, that are not expressed in this Agreement. No prior or present 424 agreements or representations will bind BUYER, SELLER or Brokers unless incorporated into this 425 Agreement. Modifications of this Agreement will not be binding unless in writing, signed and delivered by 426 the party to be bound. This Agreement and any modifications to this Agreement may be signed In 427 counterparts and may be executed by electronic media, including facsimile and email. Headings are for 428 reference only and shall not be deemed to control Interpretations. If any provision of this Agreement is or 429 becomes Invalid or unenforceable, all remaining provisions will continue to be fully effective. Neither this 430 Agreement nor any memorandum hereof will be recorded in any public records. 431 In the performance of the terms and conditions of this Agreement each party will deal fairly and in good 432 faith with the other. Notice to the Broker fora party shall be deemed notice to that party. All assignable 433 repair and treatment contracts and warranties are deemed assigned by SELLER to BUYER at closing 434 unless otherwise stated herein. SELLER agrees to sign all documents necessaiy to accomplish same,at 435 BUYER's expense,if any. 436 TIME IS OF THE ESSENCE IN THIS AGREEMENT. As used in this Agreement, 'days" means calendar 437 days. Any time periods herein, other than the time of acceptance, which end on a Saturday, Sunday, or 438 State holiday shall extend to the next day which is not a Saturday, Sunday or Stele holiday, All references 439 to a date other than the date of acceptance shall be 7:00 p.m, Eastern Time(ET). 440 19. BUYER'S AND SELLER'S NOTICES; BUYER and SELLER represent that they have not entered into any 441 other agreements with real estate brokers other than those named below with regard to the Property. 442 BUYER and SELLER give the Brokers authorization to advise surrounding neighbors who w111 be the new 443 owner of the Property. "Broker", as used In this Agreement, is deemed to Includes all of Broker's licensees 444 licensed to sell real property In the State!of Florida, PASA Page 8 of 9 4,16,12 445 20. ESCROW DISCLOSURE: BUYER and SELLER agree that Broker may place escrow funds in aninte 446 bearing account pursuant to the rules and regulations of the Florida Real Estate Commissirest on and retain 447 any interest eamed as the cost associated with maintenance of said escrow. 448 21. SOCIAL SECURITY OR TAX I.D.NUMBER: BUYER and SELLER agree to provide their respective 449 Social Security or Tax I.D. number to closing attorney/settlement agent upon request. 450 22. 1031 EXCHANGE: BUYER or SELLER may elect to effect a tax-deferred exchange under Internal 451 Revenue Service Code Section 1031(which shall not delay the closing), In which event BUYER and 452 SELLER agree to sign documents required to effect the exchange, provided the non-exchanging party 453 shall not incur any costs, fees or liability as a result of or in connection with the exchange. 454 23. PAYOFF AUTHORIZATION: SELLER hereby authorizes the closing attorney/settlement agent to obtain 455 mortgage payoff letters (including from foreclosure attorneys)and Homeowner's and Condominium 456 Association status letters on behalf of SELLER. 457 24. TIME OF ACCEPTANCE: IF THIS OFFER IS NOT SIGNED BY BUYER AND SELLER AND DELIVERED 458 TO BUYER AND SELLER OR THEIR RESPECTIVE BROKER (INCLUDING BY FAX AND 459 ELECTRONICALLY) ON OR BEFORE :01 ❑A.M, ❑P.M. (DATE), THIS 460 OFFER WILL TERMINATE. THE TIME FOR ACCEPTANCE OF ANY COUNTER OFFER SHALL BE 461 HOURS (24 HOURS IF LEFT BLANK) FROM THE TIME THE: COUNTER OFFER IS 462 DELIVERED. 463 25. DATE OF ACCEPTANCE: The date of acceptance of this Agreement shall be the date on which this 464 Agreement is last executed by BUYER and SELLER and the fact of execution is communicated to the 465 other arty in writing. 466 If s Agreement is not understood, BUYER and SELLERjjs guld)seek mi �coaetent legal advice. 467 - 468 ER DATE SELL R t DATE 469 � 470 BUYER DATE SEL R DATE 471 472 BUYER DATE SELLER DATE 473 474 't0.1<iz_ DATE SELLER DATE 475 Bicker, by signature below, acknowledges receipt of $ X, o o o , o [J cash check as the 476 binder deposit specified in paragraph 1(A) of this Agreeme t. It will be deposited and held In escrow pending 477 disbursement according to the terms hereof, together with any additional binder deposits) escrowed by the 478 terms(( of this Agreement.1 479 �i cl%.m� ST. k-o tK,<A-A 480 Company ;.�� 4_j�z_bc_,a-0 By Title —40`C • END OF PURCHASE AND SALE AGREEMENT 481 Broker Joins In this Agreement to evidence Broker's consent to be bound by the provisions of paragraph 482 12 above. 483 484 Firm Name of Listing Broker Firm Name of Selling Broker 485 486 Phone for Listing Broker Phone for Selling Broker 487 By: By: 488 Authorized Licensee Signature Authorized Licensee Signature 489 490 Printed Name of Licensee Printed Name of Llcensee 491 492 Phone for Listing Licensee Phone for Selling Licensee PASA Page 9 of 9 4.16.12 J v ~`11 CASE ACTION FORM Investigation# DATE: A �� e NAME: ADDRESS OF VIOLATION Action Taken: c. t, SCJ � Compliance: Property Appraiser- Property Details Page 1 of 1 PETRONI ERIK ET AL Primary Site Address Official Record Book/Page Tile# 1879 BEACH AV 1515 OCEAN BLVD 13786-02131 r 9416 ATLANTIC BCH, FL 32233 Atlantic Beach FL 32233 PETRONI REIDUNN R/S PETRONI GERALD P R/S 1515 OCEAN BLVD Probe Detail Value Summary — ... RE# 171868-0000 2012 Certified 2013 In Progress Tax District USD3 Value Method `CAMA CAMA Property Use 0100 SINGLE FAMILY Total Building Value $216,684.00 $214,580.00 #of Buildings 1 Extra Feature Value $12,432.00 $12,335.00 Legal Desc. 10-11 16-2S-29E.21 Land Value(Market) $512,640.00 $512,640.00 MANDALAY Land Value(Aeric.) $0.00 $0.00 — 0 _ Just Value $741,756.00 — Subdivision 03126 MANDALAY (Market) $739,555.00 Assessed Value $741,756.00 Total Area 9161 $739,555.00 The sale of this property may result in higher property taxes.For more information go to Cap Diff/Portability Amt $0.00/$0.00 $0.00/$0.00 Save Our Homes and our Property Tax Estimator.Property values,exemptions and other Exem w , ns $50000.00 See below information listed as'In Progress'are subject to change.These numbers are part of the 2013 - -- - - -... working tax roll and will not be certified until October.Learn how the Property Appraiser's Taxable Value $691,756.00 See below Office values property. Taxable Values and Exemptions—In Progress If there are no exemptions applicable to a taxing authority,the Taxable Value is the same as the Assessed Value listed above in the Value Summary box. County/Municipal Taxable Value SJRWMD/FIND Taxable Value School Taxable Value Assessed Value $739 555.00 Assessed Value $739,555.00 Assessed Value ...................................................................................................................... $739....- 0 Homestead Exemption(HX) -$25,000.00 Homestead Exemption(HX) _$25,000.00 Homestead Exemption(HX) $25,000.00 ......... ...................... ................................ ...... .. ...... .................................. .................................._.........................__.................00.._0 Amend 1 Homestead(HB) - $25,000.00 Amend 1 Homestead(HB) $25,000.00 Taxable Value $714,555.00 .-..................... Taxable Value $689,555.00 Taxable Value $689,555.00 Sales History Book/Page Sale Date Sale Price Deed Instrument Type Code Qualified/Unqualified Vacant/Improved 13786-02131 1/30/2007 $100.00 QC-Quit Claim Unqualified Improved 13824-00276 1/30/2007 $100.00 QC-Quit Claim Unqualified Improved 13658-00119 11/20/2006 $100.00 QC-Quit Claim Unqualified Improved 12649-01412 7/25/2005 $1,045,000.00 WD-Warranty Deed Qualified Improved 13087-00861 7/25/2005 $100.00 WD-Warranty Deed Unqualified Improved 06490-01708 3/28/1988 $168,000.00 WD-Warranty Deed Unqualified Improved 05619-02358 2/21/1983 $140,000.00 WD-Warranty Deed Unqualified (Improved 04671-00997 6/30/1978 $100.00 QC-Quit Claim Unqualified Improved 03836-00713 12/9/1974 $45,000.00 WD-Warranty Deed Unqualified (Improved Extra Features LN Feature Code Feature Description Bldg. Length Width Total Units Value 1 FPMR7 Fireplace Masonry 1 ;0 0 1.00 $1,166.00 2 POLR3 Pool 1 i 0 0 1.00 $10,200.00 3 DKWR2 Deck Wooden 1 0 0 125.00 $377.00 4 CPAR2 Carport Aluminum 1 16 120 320.00 1$592.00 Land&Legal Land _ Legal _._......... _.._ -- r_. LN Code'.Use Description Zoning ; Front Depth pt Cat o eg ry Land Units Land Tvce Land Value 1 LN Legal Description 1 0100 RES LD 3-7 UNITS PER AC j ARS-2 96.00 100.00 Common 96.00 Front Footage I$512,640.00 1 10-11 16-2S-29E.21 j2 1 MANDALAY 3 i LOTS 1,2 BLK 63 Buildings Building 1 - Building 1 Site Address 1515 OCEAN BLVD Element Code Detail Atlantic Beach FL 32233 Exterior Wall '. 15 15 Concrete Block Exterior Wall 26 26 Alum/Vinyl Siding ;Wb ` http://apps.coj.net/pao_propertySearch/Basic/Detail.aspx?RE=1718680000 3/5/2013 ► y � will , Compliance Investigation Form Investigation# Date of Request: r`�`l Time of Request: Q v Name of Person Making Request: Address: Phone # Investigation Type cc C� Location (Address) of Violation: S Oce C-- � Property Owner: E, c VIOLATIONS: Action Taken:,17 Z S 4D6�- 1 . w Legal Description: �a RE#: 14 Compliance: FACode Enforcement\Compliance Investigation Form.doc Oct 9 2009 White, Debbie From: Hall, Erika Sent: Tuesday, March 05, 2013 5:06 PM To: White, Debbie Subject: FW: Phone Call [re: history of 1515 Ocean Blvd] Attachments: Bull, Petroni (09-12-06).doc; Petroni, Erik (11-29-06).doc Debbie, Below email is from Sonya's files. I will have to put a copy of the entire file out on the ftp for you tomorrow, as I can no longer find the copy of her drive on the O:/drive. Note Sonya and Alex were of the opinion that this structure consists of two legal dwelling units. Erika From: Doerr, Sonya Sent: Thursday, June 21, 2007 1:47 PM To: Hanson, Jim Cc: Sherrer, Alex Subject: Re: Phone Call Jim-the May 31 e-mail preceding this one (below) provides some exhaustive history. The Petroni property contains two lots. Erik Petroni purchased this property intending to keep these lots for he and his sister. The Petroni's hired George Bull to design a house for each lot. At some point, they decided to sell the property. This was during the Community Character process, which of course George stayed apprised of from start to finish. They were not concerned with respect to the new standards until the area that was to be included was expanded north of 11th Street up to 16th Street. They proceeded with the architectural plans, and George made it clear, even with his questions during the workshops and meetings, that he had a couple of projects he would probably be seeking a vesting determination for that he had already been working on. The Petroni's property was one of those. He had been working on various revisions to the plans since early in the summer and had submitted several for preliminary review and then brought the final set of preliminary plans with a vesting request in right before the ordinance was adopted. The Petroni's had paid $10,000 for architectural services before the new regulations were adopted. Clearly, they were entitled to be vested for the design work that was done to that point. I think Mr. Johnson thinks this vesting extends some rights beyond what it actually does. It only applies to those features of the architectural plans which are affected by the new Residential Development Standards, and nothing else. If a future owner wishes to change these plans in any way other than very minor changes, or chooses to build something else, they would be subject to current regulations as usual, including the full Residential Development Standards. This vesting does not apply to the property but applies only to future construction plans that must be substantively the same as the preliminary architectural plans. All other regulations still apply. Hope this clarifies the vesting question. Sonya i From: Doerr, Sonya Sent: Thursday, May 31, 2007 11:29 AM To: Hanson, Jim Cc: Sherrer, Alex; Alan Jensen ; Thompson, David; Hall, Erika Subject: RE: Phone Call Jim, following is information the Mayor will need if he is going to discuss this with Mr. Johnson. Yes, this has been ongoing for many, many, many months. Alex and Alan have both been involved, and I most recently had a very long conversation with Mr. Johnson this week. This is a bitter neighbor-to-neighbor dispute between Mark Johnson and Erik Petroni. Erik Petroni bought two lots about a year or so ago next to Mr. Johnson at 1515 Ocean Boulevard, and they have been at odds with each other since. The property has two units on it, not three. (Alex has inspected it at Mr. Petroni's invitation.) We have done extensive research on when the second unit was created, and cannot determine exactly when it was added, but it has been there for many, many years and was constructed several owners back. It is either rented out, or Erik lets his friends stay there and in the upstairs bedroom, which Mr. Johnson contends is a third unit. Unfortunately, this is very much a case of divergent lifestyles, it seems. We have been talking with Mr. Johnson over many months, and he will not accept anything short of the City taking some action to declare that only one single-family residence is permitted on the two lots and that the City take some action against Mr. Petroni. We have tried repeatedly to explain to him that we have no authority to do anything beyond what our ordinances permit. Alex and I have routinely and regularly driven by there during weekday times, and have not observed anything out of character, although Mr. Johnson contends all sorts of awful things go on there. David, are you aware of any problems at 1515 Ocean? Erik was originally going to develop the property with two single-family residences and hoped to keep one for he or his sister, Karina. He had George Bull do a preliminary design for two houses last year, but he soon decided just to try and sell both lots and has been marketing them for some time. Mr. Johnson objects to the way the property is being marketed, and wants to City to do something. I have sent a letter to Erik addressing this, but I don't think I have any authority to do more. The vesting he has is limited only to the extent of those preliminary designs related to the Residential Development Standards. A copy of the vesting letter and a subsequent letter are attached. Alex or Alan, anything to add? Sonya From: Hanson, Jim Sent: Thursday, May 31, 2007 10:23 AM To: Doerr, Sonya Subject: FW: Phone Call Sonya; What do you know about this? Jim From: Bussey, Donna Sent: Thursday, May 31, 2007 10:21 AM To: Hanson, Jim Subject: FW: Phone Call FYI Donna z From: Bailey, Nancy Sent: Thursday, May 31, 2007 10:19 AM To: Wolfson, Don Cc: Bussey, Donna Subject: RE: Phone Call Mayor Wolfson, I spoke with Mr. Johnson. He said he was calling about a "Vested Development Rights" letter sent to the property owner adjacent to him. He thinks the owners of the property are trying to get an exemption to the Ordinance. He also stated the house is a single family but the new owner (2005) is renting it as a three-unit apartment house. He wants your advice and opinion on this because he has talked to Sonya and Code Enforcement and has gotten nowhere. He said you can call him at 242-8608 or, if busy, 242-8081. Nancy From: Wolfson, Don Sent: Wednesday, May 30, 2007 10:55 PM To: Bailey, Nancy Subject: RE: Phone Call Nancy, please ask Mr. Johnson about the subject of his call. I do not recall his name. Thanks, DMW From: Bailey, Nancy Sent: Wed 5/30/2007 1:52 PM To: Wolfson, Don Cc: Bussey, Donna Subject: Phone Call I just received a call for you from Mark Johnson. He asked that you call him. His phone number is 242-8608. Nancy E. Bailey Administrative Assistant Office of the City Clerk Atlantic Beach, FL 32233 Phone (904) 247-5821 Fax (904) 247-5846 3 r LO✓yCR — J C lC -r I , I -mac AwE y•_/•_,•• � .tFy�..�=¢ .. r_y , �ALY ff" Al"94A r >O NAYF Ac•' CONT COw'C. 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' I V �-2A°SONG hi.A7 - ,!/-�k�eLAhRANt WljcaiRoorr c . 6,-r i NOTA! l'd zB-xio Go,�t r-re, _�oNra�cjo r+ T"v1(L�s if Y 51ZtL aoT lsit __ rC r— PRlbal Tp CyTI�AA'fIN Gc+l5T2 a71 a1 f cv Aoi �L wr AlA5oil Q a n (,ar�,�4� I 1 r Ai�i LL aT EX I STIti G _ =f I ..5C.4TIOu �!'�-µ/may 1�'l It►�. '...�c�►��!!X - i — i 1 CITY OF ATLANTIC BEACH BUILDING AND PLANNING 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904)247-5826 c FAX: (904)247-5845 www wab.us r5 November 29, 2006 Erik Petroni 1515 Ocean Boulevard Atlantic Beach,Florida 32233 Dear Erik: Over the last week, the City has received complaints about the information presented in your web-site marketing your two lots at Ocean Boulevard and 15th Street. While the City has no authority over what you post on your private web-site, it may be misleading to state that the vested preliminary house plans can be modified. Plans have not been approved by the City, and are vested only to the extent of detail shown on the preliminary plans. They can be modified only to the extent needed to produce a permit set of plans. Beyond that, any plans would be subject to the new Residential Development Standards, the RS-2 Zoning District provisions as well as other regulations and codes in effect at the time any Building Permits are sought. Sincerely, t_aLe --- Sonya Doerr, AICP Community Development Director a July 18, 2006 Ms. Sonya Doerr City of Atlantic Beach Planning and Zoning 800 Seminole Rd. Atlantic Beach,FL 32233 RE: Request for enforcement of the zoning ordinance(s)to prohibit the use of the property located at 1515 Ocean Blvd. as a multi-unit rental dwelling in a single family district. Dear Ms. Doerr: Sometime around the middle of May,a neighbor and I initiated a complaint through Code Enforcement regarding a zoning violation pertaining to the illegal rental activity occurring at 1515 Ocean Blvd. We spoke with Mr. Sherrer and informed him that the property contained 2 separate rental units, and that we believed that the house had been further partitioned to create a 3rd rental apartment. We advised Mr. Sherrer that there are 3 separate families,totaling 5 non-related individuals,living in the 3 apartments. Mr. Sherrer's initial response was that no more than 2 non-related people could occupy the property but he indicated that he would need to talk to zoning, and possibly other departments, before any action could be taken. He indicated that he would follow up with us once he obtained more information. Listed below is a chronology of the events that have taken place so far, but before I elaborate, I do want to provide some additional facts about the property and the situation. The property is a ranch style home with a 2nd story element at the north end. There is no garage. The 2nd story element is a 1 bedroom apartment with a full size, fully equipped kitchen.A single female is living in the apartment with her boyfriend. The main house, which also has a full size kitchen, is occupied by a single male. There is a 3rd apartment under the 2nd story element which has a separate entrance on the north side of the home. This unit is being rented to a single female and her male companion. I am not sure what type of cooking facilities this has but my neighbor is certain that it has cooking facilities. The property was purchased last year(June 2005),and the owner does not reside in the property. The previous owner owned the property for a long time(15-20 years). In the three years that I lived next door to the previous owner,the apartment was never rented. It was used occasionally by the owner's brother and his wife when they visited from Maine. There are other neighbors that have lived here much longer than I who will confirm that this apartment has never been a rental in the past. The new owner, after purchasing the home,has begun renting the 2nd apartment and the 3rd unit. He has essentially created a triplex in an area that is zoned for single family. a The chronology of the events that have occurred so far are as follows: Mid May-A complain was initiated through Code Enforcement by myself and another neighbor concerning the rental activity at this location. We were told by Mr. Sherrer that he would do some investigation and follow up with us. 3 d week of May- I made a follow up call to Mr. Sherrer. He told me that he needed to talk with you, that you were out of town until the end of the week, and that he would contact me next week. Last week of May- Mr. Sherrer contacted myself and the other neighbor. He informed us that he had spoken with you and confirmed that this property was not a legal duplex. He told us that he was going to send a certified letter to the owner requiring him to reduce the number of occupants in the property to 2. He also told me there would be a$500 per day fine if there was a continuing violation after the 30 day period. July 10th- Approximately 6 weeks after the certified letter was sent, I made a follow up call to Mr. Sherrer, and to my surprise, was told me that the 2"d apartment was a legal apartment. This was surprising news to me because I thought that it had already been determined that this property was not a legal apartment. I asked him who gave him that information and he indicated that you had informed him of this. This sudden reversal of opinion was unexpected, especially when he had indicated that you had previously provided the opinion that it was not a legal duplex. I told him that I would contact you directly, and I did. When I spoke to you about this matter, you indicated that you were not sure about the specifics of the matter but that you would look into it and get back to me. You never did follow up with me. July 11th- I made a follow up call to Mr. Sherrer concerning some additional questions that I had on this matter. He told me that he had spoken with you that morning and that you had determined that this property was not a legal duplex, and that it had be created illegally sometime in the past. He also stated that either you or he had spoken with the owner about it that morning and that the owner told you that the tenants in the 2nd story apartment were supposed to have moved out by the 4th of July,but there was a delay getting into their rental. I was told that they would be out by the weekend of July 15th & 16th July 18-Letter sent to City officials requesting enforcement action. As of today,the tenants have not vacated and there is no indication that they are planning to leave. I question whether the tenants in the 3rd unit have been addressed with the owner. Nearly 2 months have passed and there is absolutely no evidence that anyone is planning to leave. I do not receive any follow up from anyone at the City as to what is going to be done. I am extremely frustrated with the lack of action or follow up on the part of the City. I am beginning to believe that, for whatever reason, the City is looking CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING June 7, 2013 CASE# 13-00000178 CERTIFIED MAIL RETURN RECEIPT Eric Petroni,Et Al REQUESTED: 1879 Beach Avenue 7010 1870 0002 0629 7116 Atlantic Beach, FL 32233 1515 Ocean Blvd 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, July 9, 2013 , 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 10-11 16-2S-29E .21 MANDALAY, RE# 171868-0000- - International Property Maintenance Code/City Code of Ordinances Violation Description Chapter 24. Land Development Regulations. Violation Description Sec. 24-106. Residetial, single family dwelling district (RS-2) (b) Permitted uses. The uses permitted within RS-2 zoning district shall be: (1) Single family dwellings. 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, 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: Dayna . 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