CE 457 Sailfish Dr 2014 CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
ORDER
CITY OF ATLANTIC BEACH, FLORIDA, Petitioner CASE NO. 14-00000920
vs.
BENJAMIN BROWN JR FIRST CLASS MAIL
457 E SAILFISH DR
ATLANTIC BEACH, FL 32233 Property Address: 457 SAILFISH DR
Atlantic Beach, FL
Real Estate No. 171374-0000
Legal Description: Royal Palms Unit 2 A Lot 1 Blk 27
ORDER IMPOSING FINE
THIS CAUSE came for public hearing before the Code Enforcement Board on
September 9, 2014, and the Board having heard testimony under oath, received evidence, and
heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact,
Conclusions of Law and Order as follows:
FINDINGS OF FACT
1) That the Respondent owns the property located at 457 SAILFISH DR, Atlantic
Beach, Florida.
2) That notice was sent by certified mail and that Respondent was present at the
hearing.
CONCLUSIONS OF LAW
THAT the Respondent BENJAMIN BROWN JR is in compliance.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority
granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic
Beach, Florida it is Ordered:
THAT the Respondent is found in compliance.
DONE AND ORDERED THIS September 9, 2014.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
ATTEST:
Daynajl,. Williams, Secretary a ut ger,Vice Chair
Executed this 1�1� day of � Nk 52014.
PLEASE NOTE: Florida Statutes,
Section 162.11, states that an appeal of
this order shall be filed in circuit court
within thirty (30) days of this order's
execution.
BP200I01 CITY OF ATLANTIC BEACH 8/29/14
Application Inquiry 10:59:47
Application number . . . . . 14 00000923
Application status , date . . PERMIT ISSUED 7/07/14
Property . . . . . . . . . . 457 SAILFISH DR
RE number . . . . . . . . . . 171374-0000
NCR OLD ACCOUNT NUMBERS. . . AB11104
Zoning . . . . . . . . . . . : TBU TO BE UPDATED
Application type . . . . . . FNCE FENCE PERMIT
Application date . . . . . . : 6/09/14
Tenant number , name . . . .
Master plan number , rev'wd by: SLG
Estimated valuation . . . . :
Total square footage . . . . 0
Public building . . . . . . NO
Work description, qty . . .
Pin number . . . . . . . . . : 571535
Application desc . . . . : 6ft fence
Press Enter to continue.
F3=Exit FS=Land inq F7=Appl names FB=Tracking inq F9=Bond inquiry F10=Fees
F11=Receipts F12=Cancel F13=Val calcs F14=Misc info F24--More keys
SECTION
SENDER: COMPLETE THIS A, ature
• Complete items 1,2,and 3.Also complete
item 4 if Restricted Delivery is desired. X, Addressee
• Print your name and address on the reverse Date of Delivery
so that we can return the card to you. g, b (P' d ame) 1
• Attach this card to the back of th ,mailpiece, I
or on the front if space permits.
D. Is delivery address different from itAm 1? 13 es Nos
1. Article Addressed to: If YES,enter delivery address below:
E�Serv-ice pe
d Mail 0 Express Mailered U Return Receipt for Merchandise
d Mail 0 C.O.D.CASE `� Gap d Delivery?(Extra Fee) 0 Yes
2. Article Number 1 ?010 1870 0002 0629 6478
(Transfer from service label) ------ -----
PS Form 3811,February 2004
Domestic Return Receipt 102595-02-M-1540
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA, Petitioner CASE # 14-00000920
VS.
FIRST CLASS AND
Benjamin Brown, Jr. CERTIFIED MAIL RETURN RECEIPT
457 Sailfish Dr REQUESTED:
Atlantic Beach, FL 32233 7010 1870 0002 0629 6478
457 Sailfish Dr
Atlantic Beach, Florida
RE: # 171374-0000
ORDER IMPOSING FINE
THIS CAUSE came for public hearing before the Code Enforcement Board on July 8,
2014, and the Board having heard testimony under oath, received evidence, and heard arguments
respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of
Law and Order as follows:
FINDINGS OF FACT
1) That the Respondent Benjamin Brown, Jr. owns the property located at 457 Sailfish
Dr,Atlantic Beach, Florida.
2) That notice was sent by certified mail and that Respondent was not present at the
hearing.
3. That notification of the violations of the City of Atlantic Beach, were made and
served on the Respondent as evidenced in this hearing.
Sec. 24-157. Fences, Walls and Similar Structures
(c) Maintenance of fences. Fences that have been
allowed to deteriorate to an excessive degree have a
negative impact on property values and the quality of
neighborhoods. Fences that are in a state of neglect,
damage or disrepair, shall be repaired , replaced or
removed.
Sec. 24-173. Neighborhood preservation and property
maintenance standards.
(b) Appropriate maintenance and upkeep. All areas of
a lot and structures that are visible from the street or a
nrighboring property shall be maintained in an acceptable
manner,which shall be defined by the following
characteristics:
1. Lots are maintained free from litter,trash,
1. Lots are maintained free from litter,trash,
debris, discarded belongings, automotive parts, old tires,
construction materials, and broken and abandoned items.
Sec. 24-163. Recreational vehicles stored or parked on
any residential lot shall be subject to the following
provisions:
(b) Recreational Vehicles stored or parked on any
residential lot shall be subject to the following
provisions:
(1) Not more than one (1) recreational vehicles,boat or
boat trailer, or other type of trailer shall be stored or
parked on any residential lot which is 5000 square et lot
area or less. Minimum lot area of 10.000 square feet is
required for storage or parking of any second recreational
vehicle,boat or boat trailer or other type trailer.'
three trailer only two allowed
4. The aforementioned property shall be corrected by removing all outside storage,junk,
debris, and cease storage of no more than two ('2) trailers on the property. Trailers
must be legally licensed, operable and not used for storage of junk, trash, debris etc.,
and remove or repair the collapsing fence on orb fore August 8, 2014.
CONCLUSIONS OF LAIN
THAT Benjamin Brown, Jr. 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:
THAT the Respondent is found in violation for non-compliance and must obtain
compliance on or before August 8,2014. Failure to comply will result in fines of$250.00 for the
first day and$250.00 for every day thereafter while the viola ion continues to exist.
THAT the Respondent is responsible for contacting the City of Atlantic Beach Code
Enforcement Officer and obtaining an inspection of compliance.
THAT failure to pay all accumulated fines will result in a lien being placed against the
property at 457 Sailfish Dr. for the total assessment plus costs incurred for.the filing of the lien.
All lien amounts are to be made payable at an interest rate of ten (10) percent per annum from
date of certification until paid.
Code Enforcement Board Order Case 414-920 Page 2 of 3
DONE AND ORDERED THIS July 8,2014.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
ATTEST:
Da L. Williams, Secretary y: Veda Harless, Chair
Executed this (L day of :3aL , 2014.
PLEASE NOTE: Florida Statutes,
Section 162.11, states that an appeal of
this order shall be filed in circuit court
within thirty (30) days of this order's
execution.
,
Code Enforcement Board Order Case 414-920 Page 3 of 3
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. Brown
4. Description of violation: (Photos)
BACKGROUND
4-21-14 Complaint received on conditions of property (several trailers,junk etc)
Property inspected , violations observed and photos taken
4-22-14 Notice of violation sent to Mr. Brown
4-25-14 Notice of violation received signed for by Mr. Brown
5-9-14 Re-inspection of property reveals violations continue
6-2-14 Notice of hearing sent to Mr. Brown for a July 8, 2014 hearing
6-4-14 Notice of hearing received and signed for
6-6-14 Mr. Brown in office requests I call him
6-9-14 Called Mr. Brown, he wanted to discuss the case and him obtaining a permit for a
new privacy fence.
Mr. Brown applies for a fence permit
6-19-14 Fence permit application in plan review
RECOMMENDATION: Staff recommends the Board f nd the property owner in
violation and order that compliance be achieved by r moving all outside storage,
junk, debris, cease storage of more than two (2) trail rs on the property. Trailers
must be legally licensed, operable and not used for storage of junk, trash, debris
etc. and repair or repair the collapsing fencing on or before August 8, 2014 or a
fine of$250.00 be imposed for the first day and $2501,00 for every day thereafter
the violation continues to exists. The property owner is responsible for
contacting the City Code Enforcement Officer and obtaining an inspection of
compliance.
MOTION: Board find the property owner in violation and order that compliance
be achieved by (insert action
needed) by
(date) or a fine of$ be imposed for the first day and
$ for every day thereafter the violation continues to exists prosecuting .
The property owner is responsible for contacting the City Code Enforcement
Officer and obtaining an inspection of compliance.
JS '�
;21
J �r
CASE ACTION FORM
Investigation# DATE: 7
NAME: 4�0�
ADDRESS OF VIOLATION
Action Taken:
0
a _
qz
`s
l
Compliance:
Code Enforcement Officer Statement
Property Owner: Benjamin Brown, Jr.
457 Sailfish Dr, Atlantic Beach, FL 32233
Case # 14-00000920 Location: 457 SAILFISH DR
Lot 1, Block 27, Royal Palms Unit 2 A Real Estate# 171374-0000
NOTICE OF VIOLATION: April 22, 2014
NOTICE OF VIOLATION RECEIVED/SIGNED FOR: April 25, 2014
VIOLATIONS
Violation Description
Sec. 24-157. Fences, Walls and Similar Structures
(c) Maintenance of fences. Fences that have been
allowed to deteriorate to an excessive degree have a
negative impact on property values and the quality of
neighborhoods. Fences that are in a state of neglect,
damage or disrepair, shall be repaired , replaced or
removed.
Violation Description
Sec. 24-173. Neighborhood preservation and property
maintenance standards.
(b) Appropriate maintenance and upkeep. All areas of
a lot and structures that are visible from the street or a
neighboring property shall be maintained in an acceptable
manner, which shall be defined by the following
characteristics:
1. Lots are maintained free from litter, trash,
debris, discarded belongings, automotive parts, old tires,
construction materials, and broken and abandoned items.
Violation Description
Sec. 24-163. Recreational vehicles stored or parked on
any residential lot shall be subject to the following
provisions:
(b) Recreational Vehicles stored or parked on any
residential lot shall be subject to the following
provisions:
(1) Not more than one (1) recreational vehicles, boat or
boat trailer, or other type of trailer shall be stored or
parked on any residential lot which is 5000 square feet lot
area or less. Minimum lot area of 10.000 square feet is
required for storage or parking of any second recreational
vehicle, boat or boat trailer or other type trailer.
Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other
The inspection was prompted by:
1. X Complaint X Routine Survey ❑ Other
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH,FLORIDA
NOTICE OF HEARING
August 8, 2014 CASE# 14-00000920
CERTIFIED MAIL RETURN RECEIPT
Benjamin Brown, Jr REQUEST D:
457 Sailfish Dr E 7012 2210 00011385 2421
Atlantic Beach, FL 32233
457 Sailfish Dr
Atlantic Bea h, 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 t e next public hearing of the Code
Enforcement Board on Tuesday, September 9, 2014, at 6:00 pm at Atlantic Beach City Hall,
Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged
violations on the property known as Lot 1, Block 27,Royal Palms Unit 2 A, RE# 171374-0000
International Property Maintenance Code/City Code of Ordinances
Violation Description
Sec. 24-157. Fences, Walls and Similar Structures
(c)Maintenance of fences. Fences that have been
allowed to deteriorate to an excessive degree have a
negative impact on property values and-the quality of
neighborhoods. Fences that are in a state of neglect,
damage or disrepair, shall be repaired,replaced or
removed.
Violation Description
Sec. 24-173. Neighborhood preservation and prope y
maintenance standards.
(b) Appropriate maintenance and upkeep. All areas of
a lot and structures that are visible from the street or a
nrighboring property shall be maintained in an acceptable
manner,which shall be defined by the following
characteristics:
1. Lots are maintained free from litter,trash,
debris, discarded belongings, automotive parts, old tires,
construction materials, and broken and abandoned it ms.
Violation Description
Sec. 24-163. Recreational vehicles stored or parked on
any residential lot shall be subject to the following
provisions:
(b) Recreational Vehicles stored or parked on any
residential lot shall be subject to the following
provisions:
(1) Not more than one(1)recreational vehicles, boat or
boat trailer, or other type of trailer shall be stored or
parked on any residential lot which is 5000 square feet lot
area or less. Minimum lot area of 10.000 square fee is
required for storage or parking of any second recrea ional
vehicle,boat or boat trailer or other type trailer.
The Code Enforcement Board may levy fines up to $ 50.00 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 xpense and to present witnesses in
your behalf. If you desire to have witnesses subpoenaed or f you have questions regarding the
procedure,please contact Dayna Williams, Secretary of the C de 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 aa appeal should be secured at your
expense.
ATTEST:
Dayn L. Williams, Secretary eborah White, Code Enforcement Officer
Notice of Hearing- Case # 14-00000920
Page 2 of 2
SECTION ON DELIVERY
SECTION SENDER: COMPLETE THIS
ure g Si
■ Complete items 1,2,and 3.Also complete A. ❑Agent
item 4 if Restricted Delivery is desired. X v Addressee
■ Print your name and address on the reverse
so that we can return the card to you. B gceived by rint Name) C. Date of Delive 46■ Attach this card to the back of the mailpiece, lh— ) �,� - t 6—R -
or on the front if space permits.
D. Is delivery address different from item 1? �Nos
1. Article Addressed to: If YES,enter delivery address below:
{
UuJN
3. Sery Type
ertified Mail ❑ press Mail
C1 Registered Veturn Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
N� 4. Restricted Delivery?(Extra Fee) El Yes
AV -
2. Article Number ?012 2 210 0001 13 8 5 2421
(Transfer from service label) _._ —__�------------ ---- -
PS Form 3811,February 2004
Domestic Return Receipt 102595-02-M-1540
REQUEST FOR
NOTICE OF HEARING LETTER.
f
(i,-&fE: �_, RE#: / 7/3 7 t7o/—
CASE#: T 7
PROPERTY ADDRESS OF VIOLATION: �S 7
LEGAL DESCRIPTION:
PROPERTY OWNER:
SEND CERTIFIED LETTER(S) TO: (Please check N) and explain all that apply)
❑ PROPERTY OWNER AT:
-74DDRESS (ABOVE)
❑ DIFFERENT MAILING ADDRESS AS FOLLOWS:
❑ TENANT, AT THE FOLLOWING ADDRESS:
(Tenant's N ne)
l
MEETING DATE:
VIOLATION(S): (Please check N) and explain all that apply)
❑ IPMC �AB CODE SECTION:
❑ IPMC �b AB CODE SECTION: /�J
El IPMC El AB CODE SECTION: G PJ
❑ 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:
( ✓Iail copy of Notice to
❑ Other:
Of
j!-'%I —
yl.,
REQUEST FOR
NOTICE OF HEARING LETTER
r
1,xfE: RE#:
CASE #:
PROPERTY ADDRESS OF VIOLATION:
LEGAL DESCRIPTION:
PROPERTY OWNER:
SEND CERTIFIED LETTER(S) TO: (Please check and explain all that apply)
❑ PROPERTY OWNER AT:
❑ ADDRESS (ABOVE)
❑ DIFFERENT MAILING ADDRESS AS FOLLOWS:
❑ TENANT, AT THE FOLLOWING ADDRESS:
(Tenant's Name)
i
MEETING DATE:
VIOLATION(S): (Please check (�) and explain all that apply)
❑ IPMC ❑ AB CODE SECTION: r
❑ IPMC ❑ AB CODE SECTION:
❑ IPMC ❑ 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:
( ✓Tail copy of Notice to
❑ Other:
Jb Of
White, Debbie
From: Walker, Jennifer
Sent: Monday, July 07, 2014 4:23 PM
To: White, Debbie; Reeves, Derek
Subject: FW: 457 Sailfish Dr.
`vi
From: Carper, Rick
Sent: Monday, July 07, 2014 4:14 PM
To: Walker, Jennifer
Cc: Daniels, Freddie; Layton, Douglas
Subject: RE: 457 Sailfish Dr.
Jenny, Freddie has been trying to get in touch with him for weeks—he hasn't caught him at home and says the
voicemail box is full and won't let him leave a message.
Rick
Ricky L. Carper, P.E.
Deputy Public Works Director
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, FL 32233
rcarper(a)_coab.us
PH: (904) 247-5834
Fax: (904) 247-5843
From: Walker, Jennifer
Sent: Monday, July 07, 2014 3:14 PM
To: Layton, Douglas; Carper, Rick
Subject: 457 Sailfish Dr.
Good afternoon,
Mr. Ben Brown would like to speak to one of you please. Not sure what it is regarding. He just picked up his fence
permit and stated that he has been trying to get someone from PW to call him since 2007. His number is 904-343-1928.
Tx,
Jevwv.� WC Lle,e►-
Administrative Assistant
Building Department
City of Atlantic Beach
904-247-5826
i
BP200U01 CITY OF ATLANTIC BEACH 6/19/14
Application General Information 11:27:04
Type information, press Enter .
Application number . : 14 00000923
RE number . . . . . . : 171374-0000 Post
Number Pre Qual Dir Street Name Sfx Dir Qual Apt
Address 457 _ SAILFISH DR _
Zone code (F4) . . . . TBU TO BE UPDATED
Application date . . . 60914
Application type (F4) . FNCE FENCE PERMIT
Application status (F4) PR PLAN REVIEW
Application desc . . . 6ft fence
Total est value . . . .
Tenant number/name
Total square footage
Public building flag _ 1=Public , Blank=Private
Master plan number
Application group (F4) .
F3=Exit F4=Prompt FS=Land inquiry F6=Val 'n calcs F7=Square footage calcs
F8=Street name inquiry F9=Work description F10=View 2 F12=Cancel
r�
J3
S)
CASE ACTION FORM
Investigation# DATE:
NAME: 3
ADDRESS OF VIOLATION
Action Taken:
L
Compliance:
r, s3
J
CASE ACTION FORM
Investigation# DATE: 4kl �
NAME:
3
ADDRESS OF VIOLATION
Action Taken: V/0
ell
Compliance:
IV(310:FSS36UUT,W111�.
01'
SECTION SENDER: COMPLETE THIS SECTION COMPLETE THIS DELIVERY
• Complete items 1,2,and 3.Also complete A. Signald
item 4 if Restricted Delivery is desired. ❑Agent
• Print your name and address on the reverse X - LAddressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
• Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? 13 Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
U� 3. Se ce Type
Certified Mail �❑ press Mail
❑ Registered l7,*Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7010 1870 0002 0629 6461
(transfer from service la
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
June 2, 2014 CASE # 14-00000920
CERTIFIED MAIL RETURN RECEIPT
Benjamin Brown, Jr. REQUESTED:
457 Sailfish Dr E 7010 1870 0002 0629 6461
Atlantic Beach, FL 32233
457 Sailfish Dr
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 8, 2014, at 6:00 pm at Atlantic Beach City Hall,
Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged
violations on the property known as Lot 1, Block 27, Royal Palms Unit 2 A, RE# 171374-0000
International Property Maintenance Code/City Code of Ordinances
Violation Description
Sec. 24-157. Fences, Walls and Similar Structures
(c) Maintenance of fences. Fences that have been
allowed to deteriorate to an excessive degree have a
negative impact on property values and the quality of
neighborhoods. Fences that are in a state of neglect,
damage or disrepair, shall be repaired , replaced or
removed.
Violation Description
Sec. 24-173. Neighborhood preservation and property
maintenance standards.
(b) Appropriate maintenance and upkeep. All areas of
a lot and structures that are visible from the street or a
nrighboring property shall be maintained in an acceptable
manner,which shall be defined by the following
characteristics:
1. Lots are maintained free from litter, trash,
debris, discarded belongings, automotive parts, old tires,
construction materials, and broken and abandoned items.
Violation Description
Sec. 24-163. Recreational vehicles stored or parked on
any residential lot shall be subject to the following
provisions:
(b) Recreational Vehicles stored or parked on any
residential lot shall be subject to the following
provisions:
(1) Not more than one (1) recreational vehicles,boat or
boat trailer, or other type of trailer shall be stored or
parked on any residential lot which is 5000 square feet lot
area or less. Minimum lot area of 10.000 square feet is
required for storage or parking of any second recreational
vehicle,boat or boat trailer or other type trailer.
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:
Dayn . Williams, Secretary 6eborah White, Code Enforcement Officer
Notice of Hearing- Case# 14-00000920
Page 2 of 2
t
r REQUEST FOR
NOTICE OF HEARING LETTER
DATE: �D Z l 7 RE#: f-713 7 5Z- — O O O a
CASE #:
Ale
PROPERTY ADDRESS OF VIOLATION: �—r-
LEGAL DESCRIPTION: 47- / ,610 Z 7
PROPERTY OWNER:
Ji�
A-lx-1 11
SEND CERTIFIED LETTER(S) TO: (Please check (�) and explain all that apply)
PROPERTY OWNER AT:
KkDDRESS (ABOVE)
❑ DIFFERENT MAILING ADDRESS AS FOLLOWS:
❑ TENANT, AT THE FOLLOWING ADDRESS:
(Tenant's N e)
MEETING DATE: ��a
RE-INSPECTION DATE:
VIOLATION(S): (Please check (�) and explain all that apply)
❑ IPMC: SECTION(S)
`QGAB CODE: SECTION(S)
❑ SAME AS ATTACHED: /
� 'OTICE OF VIOLATION DATED: Z,/— 2 2 ` 7`
NOTICE OF HEARING DATED:
REQUESTED REMEDY FOR COMPLIANCE:
Optional Section
SPECIAL INSTRUCTION:
❑ Mail copy of Notice to
❑ Other:
SECTION DELIVERY
SENDER: COMPLETE THIS SECTION COMPLETE THIS• Complete items 1,2,and 3.Also complete A. Signat
item 4 if Restricted Delivery is desired. - Agent
X
• Print your name and address on the reverse Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
• Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address differdnt from item 1? ❑Yes
1. Article Addressed to: If YES,enter deli below: ❑ No
C4 c
3. Service T
❑Certlfled V` I
/��� ❑Registered '��1 R eceipt for Merchandise
❑ Insured Mall C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number -r 012 2 210 0001 13 8 5 2599
(Transfer from service fate
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540;
r�Jy j1f3
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH,FL 32233
PHONE (904)247-5855
S EIPT REQUESTED
RE: Notice of Violation, C of Atlantic Beach Code of Ordinances
457 Sailfish Dr,
RE# 171374-0000, Case# 1400000920
Dear Property Owner:
After several complaints, pl :se be advised that an inspection of your property reveals you are
in violation of the City of A J antic Beach, Code of Ordinances referenced to wit:
VIOLATIONS
Violation Description
Sec. 24-157. Fences, Walls and Similar Structures
(c) Maintenance of fences. Fences that have been
allowed to deteriorate to an excessive degree have a
negative impact on ;property values and the quality of
neighborhoods. F(:, s that are in a state of neglect,
damage or disrepa: -;hall be repaired , replaced or
removed. (Collapsia,;, dilapidated wood fencing)
Violation Description
Sec. 24-173. Neio. )rhood preservation and property
maintenance standai,is.
(b) Appropriate T.±aintenance and upkeep. All areas of
a lot and structures at are visible from the street or a
neighboring proper shall be maintained in an acceptable
manner, which shall be defined by the following
characteristics:
1. Lots are maintained free from litter, trash,
debris, discarded belongings, automotive parts, old tires,
construction materials, and broken and abandoned items.
(Outside storage of personal items stored in yard)
Violation Description
Sec. 24-163. Recreational vehicles stored or parked on
any residential lot shall be subject to the following
provisions:
(b) Recreational Vehicles stored or parked on any
residential lot shall be subject to the following
provisions:
(1) Not more than one (1)recreational vehicles, boat or
boat trailer, or other type of trailer shall be stored or
parked on any residential lot which is 5000 square feet lot
area or less. Minimum lot area of 10.000 square feet is
required for storage or parking of any second recreational
vehicles, boat or boat trailer or other type trailer. (Three trailer
stored in corner side yard, only two allowed without storage)
This letter requests that the noted violations be corrected by repairing, replacing or
removing the dilapidated wood fencing, removal of all personal items stored in the yard,
and limit trailers stored on property to two (2) only without storage of items,trash,junk,
etc 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
Cc: Regular Mail
Page Number 2
457 SAILFISH DR
April 22, 2014
(/,I-Z , , i
CODE ENFORCEMENT COVER SEE`
LOCATION: �� s 0� l `S� ��a.®-
RESI �C®MM
LASE NUMBER:
— NAME:
COMPLAINT TYPE: QC/ I
DATE: 3 z S
VIOLATION: c o 5
v v,�1c C9�r s Ukr\ Govt
V
co Too rn eA.4 3
- lk
ACTIpN:(J) 0 ,5
INITIAL INSPECTION
DOOR HANGER COURTESY NOTICE
MEETING WITH TENANT ON SITE
INSPECTION
NOTICE OF VIOLATION
REINSPECTION
CHECK STATUS OF CMRRR NOTICE
POSTING NOV AND AFFIDAVIT
MEETING WITH OWNER ON SITE
NOTICE OF HEARING
_CODE BOARD MEETINGS
OFFICER STATEMENT FORM
POSTING NOH AND AFFIDAVIT
TELEPHONE CALL
TELEPHONE MESSAGE
NOTICE OF REHEARING
ORDER IMPOSING FINE W/COVERLTR
AFF NON-COMP W/CONTEST LTR
AFFIDAVIT OF COMPLIANCE
FILE LIEN
RECORD LIEN FILE TO CITY CLERK
RELEASE OF LIEN
CE FINE MEMO TO FINANCE
LIEN LETTER
MEETING WITH RESPONDENT
BUILDING PERMIT APPLIED FOR
CLOSED CASE
INTERNAL MEETING
REFER TO CITY ATTY/L{EN
/COMPLIANCE MET
d
OWNER OCCUPIED
TENANT OCCUPIED
VACANT
J'
tt�
yr
Compliance Investigation Form
Investigation# Date of Request: 1-1k-'I�Time of Request:
Location (Address) of Violation: .
Property Owner/Manager:
VIOLATIONS:
14
Action Taken: �
Compliance: f VI
v
hay
Name of Person Making Request/Complaint:
Address: Phon #
Investigation Type of
F:\Code Enforcement\Compliance Investigation Form.doc April 25 2013
BROWN BENJAMIN JR Primary Site Address Official Record Book/Page Tile#
457 SAILFISH DR 457 SAILFISH DR 15558-00756 1 9417
ATLANTIC BEACH, FL 32233 Atlantic Beach FL 32233
457 SAILFISH DR
Property Detail Value Summary
RE# 171374-0000 2013 Cert W 2014 In Progress_
Tax District USD3 �i Value Method CAMA CAMA
Property Use 0100 SINGLE FAMILY Total Building Value $47,645.00 $51,592.00 '
#of Buildings 1 Extra Feature Value $162.00 $154.00
Market
31-1 38-2S-29E Land Value(
Legal Desc. ) $59,500.00 $59,500.00
ROYAL PALMS UNIT 2 A _ Land Value(Agric.) $0.00 $0.00
Subdivision 03122 ROYAL PALMS UNIT 02A Just(Market)Value $107,307.00 $111,246.00
T:al Area 12025 Assessed Value j$107,307.00 $108,916.00
--- t� _
The sale of this property may result in higher property taxes.For more information go to Cap Diff/Portability Amt x.00/$0.00 .00/$0.00
Save Our Homes and our Property Tax Estimator.Property values,exemptions and other Exemptions t—$50,000.00 'See below
information listed as'In Progress'are subject to change.These numbers are part of the 2014 - —
working tax roll and will not be certified until October.Learn how the Property Appraiser's Taxable Value $57,307.00 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 SIRWMD/FIND Taxable Value School Taxable Value
Assessed Value $108,916.00 Assessed Value $108,916.00 Assessed Value
.................................._............................................._..._................ $108,916.00
Homestead(HX) $25,000.00 Homestead(HX) -$25,000. Homestead(FIX) $25,000.00
........................................_........_._..._....._..... _..._._.__... -..... _.........._................ .._.. _ _.... ._._.....__.....__..._..._......... _........_.......................................................
Homestead Banding 196.031(IXb)(HB) $25,000.00 Homestead Banding 196.031(ixb)(HB) $25,000. * Taxable Value $83,916.00
_...._....... ...............
Taxable Value $58,916.00 Taxable Value $58,916.00
Sales History
Book/Page Sale Date Sale Price Deed InstMmeM,TyPe Cgde Qualed/Unqualified Vacant/Improved
15558-00756 !3/24/2011 $37,000.00 QC-Quit Claim Unqualified Improved
13797-01581 2/1/2007 $20,400.00 WD-Warranty Deed (Unqualified Improved
07095-00881 4/19/1990 $50,000.00 WD-Warranty Deed Qualified Improved
06182-00521 8/9/1986 $100.00 MS-Miscellaneous Unqualified Improved
06182-00520 8/22/1986 $100.00 QC-Quit Claim Unqualified Improved
06175-00144 8/9/1986 $100.00 WD-Warranty Deed Unqualified Improved
03147-00782 9/30/1970 j $18,000.00 MS-Miscellaneous Unqualified Improved
Extra Features
LN Feature Code Feature Description Bldg. Length Width Total Units Value
1 SCPR2 Screen Porch 1 8 4 32.00 $154.00
Land&Legal .r
Land Legal
LN Code Use Description Zoning Front Depth Category Land Units Land Ty pg Land Value LN Legal Description ^�
1 0100 I RES LD 3-7 UNITS PER AC +ARS-1 106.00 123.00 Common 1.00 Lot $59,500.00 I 1 31-1 38-2S-29E
12 ROYAL PALMS UNIT 2 A
3 �LOT IBLK27
Buildings
Building 1
Building 1 Site Address Element Code i Detail
457 SAILFISH DR
Atlantic Beach FL 32233 Exterior Wall 6 6 Vert Sheet Siding
Exterior Wall 20 ' 20 Face Brick
Building Type 0101-SFR 1 STORY Roofing Structure 3 3 Gable or Hip
Year Built 1970 Roofing Cover 3 i 3 Asph/Comp Shingle
Building Value $51,592.00 —_ Interior Wall 5 5 Drywall
Int Flooring 6 � 6 Vinyl Asbestos
Gross Heated EfFettiye I Heating Fuel 3 3 Gas
Area Area I Area
http://apps.coj.net/PAO_PropertySearchBasic/Detail.aspx?RE=1713 740000
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ALAN C.JENSEN
Attorney at Law
935 North Third Street
Jacksonville Beach,Florida 32250
Mailing Address: Telephone: (904)246-2500
Post Office Box 50457 Facsimile: (904)246-9960(call firs!)
Jacksonville Beach,FL 32240-0457 E-Mail: Alan @AJensenLaw.com
September 18,2012
James R. Hanson,City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach,FL 32233
RE: Atlantic Beach vs Benjamin Brown
Dear Jim:
Enclosed is a conformed copy of the Consent Final Judgment of Injunction signed by Judge
Johnson on September 12, 2012, which we received in the mail today. I believe the judgment is
roved b the
with the agreement between the parties as app y
'n accordance wt p
self-explantory, and it is i g
City Commission at the shade meeting, but please contact me if you have any questions regarding
it.
As previously discussed, the City's remedy against Mr. Brown for any future violations under
Chapter 6, 12 and 24 of the Code of Ordinances is through court by way of a violation of the
injunction.
This matter should now be concluded for litigation purposes and will only come up again if future
legal action is needed against Mr. Brown for violation of the injunction. Hopefully, that will not
happen and he will maintain his property in accordance with the codes of the City.
Please feel free to contact me if you wish to discuss this matter further.
Very 1 yours,
A .JENSEN
Enclosure
ACJ/sky
Cc: Donna Bartle,City Clerk(w/enc)
Mike Griffin,Building&Zoning Director(w/enc)
Debbie White,Permits Coordinator(w/enc)
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.
BENJAMIN BROWN, JR. , a single
person, DAVID LEE CHITTY and
CATHERINE R. CHITTY, FLORIDA
TECHNICAL COLLEGE, INC. , a
Florida corporation, MIDLAND
FUNDING, LLC, a Florida limited
liability company, and STATE FARM
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,
I
Section 24-105, Residential, single-family district (RS-lL 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, ,i, iVIJ n consideration
SEP 1 8 2012
u_-n InnnAn &ffll
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.
B . The Court retains jurisdiction to enforce the terms hereof.
DONE AND ORDERED at Jacksonville, Duval County, Florida, this
day of 2012 . ORDER ENTERED
SEP 12 2012
n4 40HWSON
JEAN M. JOHNSON, CIRCUIT JUDGE
4
CONSENT
We hereby consent to the entry of the above order and have done so
freelytar4 voluntarily, knowingly and intelligently, and in the
jrida of fraud, coercion, duress or un e influence.
QUIRE CY C.�UA SQUIRE
tiff torney for Defendant Brown
9 Florida Bar # 47718
PAUL AKIN, ESQUIRE
Attor .ey for Defendants Chitty
Florida Bar #293377
Copies to:
Alan C. Jensen, Esq.
P. O. 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
CODE ENFORCEMENT COVER SHEET
LOCATION: � sa I 's h Or REST COMM
CASE NUMBER: , � '� NAME:
COMPLAINT TYPE: C C DATE:
VIOLATION: Tm 4r Mv
✓ INITIAL INSPECTION ACTION:�-
DOOR HANGER COURTESY NO TICE
MEETING WITH TENANT ON SITE
INSPECTION
NOTICE OF VIOLATION
t/ REINSPECTION
CHECK STATUS OF CMRRR N ICE
POSTING NOV AND AFFIDAVIT
MEETING WITH OWNER ON SITE
NOTICE OF HEARING
CODE BOARD MEETINGS
OFFICER STATEMENT FORM
POSTING NOH AND AFFIDAVIT
TELEPHONE CALL
TELEPHONE MESSAGE
NOTICE OF REHEARING
ORDER IMPOSING FINE W/COVERLTR
AFF NON-COMP W/CONTEST LTR
AFFIDAVIT OF COMPLIANCE
FILE LIEN ,L
RECORD LIEN FILE TO CITY CLERK
RELEASE OF LIEN
CE FINE MEMO TO FINANCE
LIEN LETTER
MEETING WITH RESPONDENT
BUILDING PERMIT APPLIED FOR qy
CLOSED CASE
INTERNAL MEETING
REFER TO CITY ATTY/LIEN
COMPLIANCE MET u
OWNER OCCUPIED
TENANT OCCUPIED
VACANT
r, ttl N —
'+4J;31�r
Compliance Investigation Form
Investigation # Date of Request: 3 Time of Request:
Location (Address) of Violation: sai Dr,
Property Owner/Manager:
VIOLATIONS:
Action Taken:
12,[3 5 0
Compliance:
Name of Person Making Request/Complaint: e—
Address: Phone#
Investigation Type
F:\Code Enforcement\Compliance Investigation Form.doc April 25 2013
White, Debbie
From: White, Debbie
Sent: Thursday, May 15, 2014 10:00 AM
To: 'rich @claylawyers.com'
Cc: Bartle, Donna; Hubsch, Jeremy
Subject: FW: Benjamin Brown Injunction -457 Sailifish Drive
Attachments: 457 Sailfish - Brown -CE Background.docx; 457 Sailfish Dr PHOTOS 4-21-14 (1).JPG; 457
Sailfish Dr PHOTOS 4-21-14 (2).JPG; Consent Final Judgement of Injunction- Brown, Ben
9-12.pdf
Mr. Komando, As we previously discussed, a notice of violation was sent to
Mr. Brown on the conditions of his property including photographs . Mr.
Brown received the notice and came to my office and we discussed items
that were in violation. As of yesterday the property remains in violation
and none of the items have been removed/stored out of sight and the fence
is still in disrepair. I have attached a copy of the injunction and
background information on the case. At this point I need direction from
you as next step to get this property in compliance. In the past I
contacted his attorney but wanted to clear this with you in case you
wanted to contact her yourself or take any other action. Please let me
know next step and if you have any questions, please contact me . Thanks,
Debbie Cell 955-3589
Photos attached from April, conditions are the same.
s1JCA 4 r;,.
Code Enforcement Officer
City of Atlantic Beach
(904) 247-5855
(904) 247-5845 FAX
From: Bartle, Donna
Sent: Thursday, May 15, 2014 9:29 AM
To: White, Debbie
Subject:
Donna L. Bartle, City Clerk
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(904)247-5809
i
G�1+Lr+n �,1+r.tcr l.1tCl.V11 I.VVK'1" LJVVL�L lVUN'1'Y Kr;(:UKlilNCi -�U. UU
J
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 .
BENJAMIN BROWN, JR. , a single `�'
person, DAVID LEE CHITTY and
CATHERINE R. CHITTY, FLORIDA
TECHNICAL COLLEGE, INC. , a
Florida corporation, MIDLANDY'
FUNDING, LLC, a Florida limited r'
liability company, and STATE FARM1
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
J.
f
CONSENT
We hereby consent to the entry of the above order and have done so
freely, voluntarily, knowingly and intelligently, and in the
compl e absence of fraud, coercion, duress or un e nfluence.
JENSEN, ESQUIRE Cy C. SQUIRE
o ney for Plaintiff torney for Defendant Brown
rida ar # 2809 Florida Bar # 47718
PAUL AKIN, ESQUIRE
Attor ey 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
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
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 .
J UIT JUDGE
4