Notice of Hearing 1335 - 1339 Violet St 2013 CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
October 17,2013 CASE# 13-00000665
CERTIFIED MAIL RETURN RECEIPT
Thomas J. Bennett REQUESTED:
385 5th St 7009 1680 0001 9825 5692
Atlantic Beach, FL 32233-5345
1335 - 1339 Violet St
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, November 13, 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 1335 and 1339 Violet Street, PT Lots 3, Block 233, SEC H
Atlantic Beach,RE# 171061-0150.
International Property Maintenance Code/City Code of Ordinances
Violation Description
IPMC 302.4 Weeds.
All premises and exterior property shall be
maintained free from weeds or plant growth in excess of
twelve (12) inches. All noxious weeds shall be prohibited.
Weeds shall be defined as all grasses, annual plants and
vegetation, other than trees or shrubs provided; however,
this term shall not include cultivated flowers and gardens.
Violation Description
Sec. 24-154. Outdoor display, sale and storage of
furniture,household items, merchandise and business
activities outside of enclosed buildings.
(g) Within all residential zoning districts, and also
including any property containing a residential use,
household items, furniture and those items customarily
intended for indoor use shall not be displayed, maintained
or permanently stored outdoors, or in any location on the
lot where such items shall be stored or properly disposed
of to avoid mold,rodent and insect infestations which may
result in health risks and which also create unsightly
appearance that negatively affect neighborhoods. Such
violations shall be corrected immediately upon written order
from the city.
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:
V�
Daynaft. Williams, Secretary Deborah White, Code Enforcement Officer
cc: Tenant,Kimberly Leinweber
Notice of Hearing- Case# 13-00000665
Page 2 of 2
09:18 AM, Ronnie Fussell CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $0. 00
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
IN AND FOR DUVAL COUNTY, FLORIDA
# US BANK NATIONAL ASSOCIATION, AS FILED
I TRUSTEE, SUCCESSOR IN INTEREST TO
BANK ONE, NATIONAL ASSOCIATION, AS SEP 12 2013
TRUSTEE FOR CREDIT SUISSE FIRST
x BOSTON MORTGAGE SECURITIES CORP.
CSFB MORTGAGE-BACKED PASS-
; CLERK CIRC COURT
THROUGH CERTIFICATES, SERIFS 2002-30
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1 Plaintiff, CASE NO. 16-2012-CA-002698 FC-A
E V.
THOMAS J. BENNETT, BARBARA P.
BENNETT; UNKNOWN TENANT l;
a UNKNOWN TENANT 2; AND ALL
UNKNOWN PARTIES CLAIMING BY,
THROUGH, UNDER OR AGAINST THE
ABOVE NAMED DEFENDANT(S), WI-10
(ISlARE) NOT KNOWN TO BE DEAD OR
1 ALIVE, WHETHER SAID UNKNOWN
PARTIES CLAIM AS HEIRS, DEVISEES,
GRANTEES, ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES, SPOUSES, OR
OTHER CLAIMANTS; CITY OF ATLANTIC
BEACH, FLORIDA, A MUNICIPAL
CORPORATION
`s
Defendants.
FINAL JUDGMENT OF FORECLOSURE
s This action was heard before the court at Trial on August 14, 2013. On the evidence presented,
s IT IS ADJUDGED that:
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1. Plaintiff US Bank National Association, as Trustee, successor in interest to Bank One,National
Association, as Trustee for Credit Suisse First Boston Mortgage Securities Corp. CSFB Mortgage-
! Backed Pass-Through Certificates, Series 2002-30,One Home Campus, Des Moines, IA 50328, is due:
Principal $ 63,002.81
Interest to date of this judgment $ 13,104.41
Title search expense $ 325.00
{ Taxes $ 11,964.59
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Attorneys'Fees:
For the contested portion of the foreclosure action:
Finding as to reasonable number of hours: 13.70 hours �/6•
i Finding as to reasonable hourly rate: $150.00 per hour
4 Other*: For the uncontested portion of the foreclosure action Jd;a86r90
(*The requested attorney's fee is a flat rate fee that the firm's client has agreed to pay in this matter.Given the
amount of the fee requested and the labor expended,the Court finds that a lodestar analysis is not necessary and
that the flat fee is reasonable.) +`
Attorneys'Fee Total: $
i Court Costs:
Filing Fee $ 906.00
Service of Process $ 260.00 -
Clerk-Issue Summons $ 10.00
Recording Fee-Lis Pendens $ 50.00
Conduct Online Sale $ 70.00
' Conduct Sale $ 70.00
Certified Mail Costs $ 22.16
f Other:
Late Charges prior to acceleration $ 49.29
Hazard Insurance Disbursements $ 4,291.48
Property Inspections $ 485.00
BPO/Appraisals $ 180.00
TOTAL
17t 7�d.'79
! that shall bear interest at the prevailing statutory interest rate of 4.75 percent per year fro this date
through December 31 of this current year. Thereafter, until the judgment is paid, the interest rate will
adjust in accordance with section 55.03,Florida Statutes.
2. Plaintiff, holds a lien for the total sum superior to all claims or estates of defendant(s), on the
following described property in DUVAL County, Florida:
THE SOUTH 6 FEET OF LOT 3,AND ALL OF LOT 4,AND THE NORTH 22.00
FEET OF LOT 5, BLOCK 233, ATLANTIC BEACH, SECTION "H",
ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 18, PAGE
34,OF THE CURRENT PUBLIC RECORDS OF D 1 VAL COUNTY,FLORIDA.
3. If the total sum with interest at the rate described in paragraph 1 and all costs accrued
s 'ubsequent to his ment are not paid, the clerk of this court shall sell the property at public sale on
2013, at eleven o'clock a.m., online at www.duval.reatforeclose.com,
i to the �►ig h st tdder for cash, except as prescribed in paragraph 4, in accordance with Section 45.031,
Florida Statutes.
' 4. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by
the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchaser
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of the property for sale shall be responsible for the documentary stamps payable on the certificate of
title. If plaintiff is the purchaser, the clerk shall credit plaintiffs bid with the total sum with interest
and costs accruing subsequent to this judgment, or such part of it, as is necessary to pay the bid in full.
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5. On filing the certificate of title, the clerk shall distribute the proceeds of the sale, so far as they
are sufficient, by paying: first, all of plaintiffs costs; second, documentary stamps affixed to the
certificate; third, plaintiffs attorneys' fees; fourth, the total sum due to plaintiff, less the items paid,
plus interest at the rate prescribed in paragraph 1 from this date to the date of the sale; and by retaining
any remaining amount pending further order of this court.
3 6. On filing of the certificate of sale, defendant(s) and all persons claiming under or against
defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the
property, except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. Upon
the filing of the certificate of title, the person named on the certificate of title shall be let into
possession of the property.
s 7. Jurisdiction of this action is retained to enter further orders that are proper including, without
E limitation, a deficiency judgment.
8. If there are any objections to the sale filed or other matters that would delay disbursement
of the sale proceeds past the eleventh day after the sale, Plaintiff may be entitled to interest at the
rate prescribed in Paragraph 1 from this date to the actual date of issuance of the Certificate of
Disbursements and Certificate of Title.
{ IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM
THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE
PROCEEDS PURSUANT TO THE FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER
THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE
SALE. IF YOU FAIL TO FILE A CLAIM,YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
Y.
ORDERED at Jacksonville, Duval County,Florida, on August 14, 2013, f
is
Circuit Judge
s
Y
Copies furnished to:
DOUGLAS C. ZAHM, P.A. t
12425 28TH STREET NORTH,SUITE 200
ST. PETERSBURG, FL 33716
EFILING&DCZAHM.COM
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ATTORNEY FOR PLAINTIFF
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BARBARA P.BENNETT
385 FIFTH ST
ATLANTIC BEACH, FL 32233
q THOMAS J. BENNETT
385 FIFTH ST
ATLANTIC BEACH,FL 32233
ALAN C. JENSEN,
ESQ.
935 NORTH THIRD STREET
POST OFFICE BOX 50457
JACKSONVILLE BEACH,FL 32240-0457
ALAN(a AJENSENLAW.COM
OPPOSING COUNSEL FOR CITY OF ATLANTIC BENCH, FLORIDA, A MUNICIPAL
{ CORPORATION
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UNKNOWN TENANT 1 N/K/A JOHN LEINWEBER
1335 VIOLET ST. #1339
ATLANTIC BEACH,FL 32233-2635
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UNKNOWN TENANT 2 NIK/A KIM LEINWEBER
1335 VIOLET ST. #1339
ATLANTIC BEACH,FL 32233-2635
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