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457 Sailfish 4-1-2014 v`,.�., cia, viri rv.Li,cn L.LI+t'Cit 1.11Ct,,.V l'1" I..UU1',T UUVA-U C.:UUNTX REC:UkWINU }U . UU IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO. : 16-2011-CA-000385 DIVISION: CV-D CITY OF ATLANTIC BEACH, a Florida municipal corporation, Plaintiff, VS . L.(GJ BENJAMIN BROWN, JR. , a single F-- person, DAVID LEE CHITTY and CATHERINE R. CHITTY, FLORIDA TECHNICAL COLLEGE, INC. , a Florida corporation, MIDLAND FUNDING, LLC, a Florida limited F f liability company, and STATE FARM T1 MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendants . CONSENT FINAL JUDGMENT OF INJUNCTION THIS MATTER having come before the Court on the consent of the parties hereto; and the Plaintiff City Of Atlantic Beach ("City") and Defendant Benjamin Brown, Jr. ("Brown") having agreed that Brown has in the past been found guilty by the City of certain violations of Chapter 6, Article VIII, International Property Maintenance Code, Chapter 12, Nuisances and Chapter 24, Article III, Div. 5, Section 24-105, Residential single-family district (RS-1) Code of Ordinances Of The City Of Atlantic Beach, Florida; and the parties having further consented to the entry hereof, as evidenced by the signatures of their respective attorneys below, and the Court being otherwise fully advised in the premises, it is, upon consideration thereof ADJUDGED as follows : 1 . Brown be and is hereby enjoined from violating the provisions of Chapter 6, Article VIII, International Property Maintenance Code, Chapter 12, Nuisances, and Chapter 24, Article III, Div. 5, Section 24-105, Residential single-family district (RS-1) , Code Of Ordinances Of The City Of Atlantic Beach, Florida. 2 . City shall enforce this injunction by application to the Court in the event of any violation by Brown of the provisions of Chapter 6, 12 or 24, Code Of Ordinances Of The City Of Atlantic Beach, Florida as outlined in paragraph 1 above. The City shall provide Brown reasonable notice of any hearings set to enforce this injunction by certified or first class mail addressed to Brown at 457 Sailfish Drive, Atlantic Beach, Florida 32233. Such violations shall not be enforced by the City through its Code Enforcement Board. Furthermore, The Code Enforcement Board for the City Of Atlantic Beach, Florida shall not assess fines or associated fees as allowed under its Code of Ordinances against Brown. 3 . Prior to applying to the Court for enforcement of this injunction, the City shall give notice to Brown pursuant to the 2012 International Property Maintenance Code ("IPMC") Section 107 . 2 . 1 ; 2; 3; 4 . Such notice shall be served on Brown pursuant to IPMC Section 107 . 3. 2 4 . The City' s right of entry upon Brown' s premises and into any structure thereon as those terms are defined by IPMC shall be as provided in IPMC Section 104 . 3 . 5 . The City hereby waives all fines and costs accumulated to the date hereof under the City' s Code Enforcement Board liens which are the subject matter of this case. Further, the City is ordered to execute and record forthwith in the public records of Duval County, Florida any and all documents necessary to remove, cancel and satisfy of record any of its liens against Brown' s property that are currently recorded in the public records of Duval County, Florida. 6 . Count I of' the City' s Complaint be and the same is hereby dismissed with prejudice as to all Defendants with all parties to pay their own costs and attorney' s fees. Likewise, as to Count II of Plaintiff' s Complaint all parties are to pay their own costs and attorney' s fees . 7 . In consideration of the mutual covenants contained herein, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City, first party, and Defendants Brown, David Lee Chitty and Catherine R. Chitty, second party, hereby remise, release, acquit, satisfy, and forever discharge the other party, their respective heirs, personal representatives, successors, assigns, employees, agents and 3 attorneys of and from all actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, damages, judgments, executions, claims and demands whatsoever, including, but not limited to, dismissing this action with prejudice, with each party to bear their own attorney' s fees and costs incurred, in law or in equity, which either party ever had, now has, or which any personal representative, successor, heir or assign hereafter can, shall or may have, against the other party, for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the date hereof. 8 . The Court retains jurisdiction to enforce the terms hereof. DONE AND ORDERED at Jacksonville, Duval County, Florida, this ,day of 2012 . 3 UIT JUDGE 4 CONSENT We hereby consent to the entry of the above order and have done so freely=absence voluntarily, knowingly and intelligently, and in the compl of fraud, coercion, duress or un e nfluence . . JENSEN, ESQUIRE Cy C. SQUIRE o ney for Plaintiff torney for Defendant Brown rida ar # 62809 Florida Bar # 47718 PAUL AKIN, ESQUIRE Attor f for Defendants Chitty Florida Bar #293377 Copies to: Alan C. Jensen, Esq. P. 0. Box 50457 Jacksonville Beach, FL 32240 Attorney for Plaintiff Nancy C. Harrison, Esq. 599 Atlantic Boulevard, Suite 5 Atlantic Beach, FL 32233 Attorney for Defendant Brown Paul M. Eakin, Esquire 599 Atlantic Boulevard, Suite 4 Atlantic Beach, FL 32233 Attorney for Defendants Chitty 5 } • e. t: i f a. ry Irk s k' i ti y�♦ dr ( X41 r. , .r ' ^J!• T .�F �� .11�t'{d'9r"r�.�.'«`1�rw:ra. . 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