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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
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