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CE 457 Sailfish (old)CITY OF ATLANTIC BEACH C.B. Date: October 15, 2003 Defendant: MR. BENJAMIN BROWN JR Case # 537-03 Location: 457 SAILFISH DRIVE A/K/A LOT 1, BLOCK 27, ROYAL PALMS UNIT 2A RE# 171374-0000 Violation: CHAPTER 12, SECTION 12-1 (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS CHAPTER 12, SECTION 12-1 ((b)(3): ALLOWING EXCESSIVE GROWTH OF WEEDS CHAPTER 24, SECTION 24-104: CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT Owner Occupied: X Rental: Homestead: Yes X No Code Enforcement Board Members: 1. Inspection of the property revealed that a violation of the Code of the City of Atlantic Beach is present. Ownership of the property was determined through: Tax Records x Title Search Other 2. The code #(s) and nature of the violation(s) discovered are: CHAPTER 12, SECTION 12-1 (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS CHAPTER 12, SECTION 12-1 (b)(3): ALLOWING EXCESSIVE GROWTH OF WEEDS CHAPTER 24, SECTION 24-104: CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT 3. The inspection was prompted as a result of a: Complaint X Routine Inspection _ Other 4. A violation notice was issued to the owner/occupant on: JUNE 25, 2003 5. Notice to the owner -occupant was achieved by: Certified Mail Hand Delivery Posting of Property. X The method of service meets with requirements of Florida Statutes 162-12. 6. 1 did X did not speak with the owner someone in charge of the property concerning the violations. 7. Brief description of conversation: June 25, 2003, Code Enforcement Officer Sherrer, spoke with Mr. Brown about the condition of his property, during which Mr. Brown assured me that he would correct the violations in the time allotted. The Courtesy Notice of Violation was issued with 14 days to comply. 8. The latest inspection was made September 16, 2003 as a result of following up on the original complaint(s). 9. The violation(s) is still present X in compliance _. PAGE 2 CODE PRESENTATION SHEET 10. In order to achieve compliance, it is necessary to correct all of the violations and maintain the property: Maintain the property at 457 Sailfish Dr in a manner that prohibits it from becoming a detriment to the community, by properly maintaining the lawn and not using the property for the storage of junk and rubbish. 11. 1 do X do not have photographs of the property and violations as they existed on the property. They represent a fair and accurate representation of the property at the time they were taken. 12. 1 would estimate that 7 day(s) would be sufficient time to correct the violation. 13. Further Comments: Mr. Brown, previously appeared before the Code Enforcement Board on numerous occasions: September 8, 1998: Found in violation Chapter 12, Sec12-1-3 Weeds and Rubbish, no fine imposed because property had been brought into compliance, board voted to impose a $100.00 a day fine if found in non-compliance again, fine to commence from first notification until brought into compliance September 7, 1999: Found in violation of Chapter 12, Sec 12-1-7 Illegal outside storage, assessed administrative fees only, board voted $250.00 a day fine if not brought into compliance, accrued to $4,500.00. Board voted to impose a $500.00 a day fine, fine to commence from first notification until brought into compliance. Fine accumulated to $4,500.00 January 11, 2000: Found in violation of previous Board order, $4,500 fine reduced to $325.00 plus administrative fee of $174.58. Compliance was never verified because of privacy fence installation. May 1, 2001: Found in violation and fined a total of $7,500.00 as a repeat offender of Chapter 12, Sec 12-1 (b) (7) illegal outside storage, and Chapter 24, Section 24-104 operating a junk/salvage business in a residential neighborhood. All fines were deferred pending any future violations. Assessed $815.50 in administrative fees. Since the hearing of May 1, 2001 Mr. Brown has been issued 19 Courtesy Notices of Violation for not properly maintaining his property, 5 for illegal outside storage of rubbish and 3 for an unkempt lawn. Many times the rubbish removal could not be verified because Mr. Browns because privacy fencing which had fallen down was either repaired or added to. Many of these notices were issued as a result of anonymous complaints, the complaints continue and so have the violations. Recommendations: That Mr. Brown be found guilty for non-compliance, and be fined the full $7, 500.00 originally set aside during the hearing of May 1, 2001 be imposed. I recommend that Mr. Brown be given until October 31, 2003 to bring his property into full compliance and that a fine of $500.00 a day be imposed for every day after that, and that any future violations will result in a $500.00 a day fine per violation starting with the first day of notification. As Mr. Brown is unlicensed and cannot be licensed to conduct a salvage business in a residential district, and as the evidence shows that Mr. Brown still continues to conduct business by sorting material on his property. I recommend that he be forbidden from bringing any scrap metal, junk cars or any other salvage materials onto the property at 457 Sailfish Drive. Furthermore, Mr. Brown be assessed the full administrative costs of $549.62 for conducting this hearing, per Florida Statute 162.07 (2) and be given 3 months to pay all fines and fees assessed and failing to make payment a lien be placed against the property of 457 Sailfish Dr for the total assessment plus all costs incurred for the filing of the lien. All lien amounts are to be made payable with interest at a rate of ten (10) percent per annum from the date of certification until paid. Total of fines and administrative costs to be paid are $8,049.62. Respectfully submitted, Alex Sherrer Code Enforcement Officer Code Enforcement Administrative Charges for Presentation to the Board Pursuant to Florida Statute 162.07 (2) the following charges for prosecuting this case before the Code Enforcement Board shall be charged to the violator provided he or she are found in violation. Code Enforcement Board Meeting: September 9, 2003 Case Number; 537-03: Mr. Benjamin Brown, 457 Sailfish Dr, Atlantic Beach, FL 32233 Code Enforcement Officer, $ 20.83 per hour x 16 hours = $333.28 Code Enforcement Secretary, $ 23.97 per hour x 2 hours = $ 47.94 Code Enforcement Attorney, $ 125.00 per hour x 1 hours = $125.00 Copies, Xerox $ .10 x 434 pages = S 43.40 Total Charges $549.62 September 25, 2003 Alex Sherrer Code Enforcement Officer 0 n cu 73 N 4� V) CD n N -p F" O 0 W D CD m 0 Q mm 3 00 cD O v MMI Lri LAJ V i O Fm W N O O W w rQ CD CD W tyro yro� s on -so 0 a R .91 a 3$ � • a a i :. 9 Y � b � ; 3$ � • a a Z .. r . \�- \\ � !.. ... . � � } ve Z .. r . 0 " W PO N) N) N) — T F (p 1p 1p 9"1 T Z4 -�l 1p 1p 97) — 0 -n -n -n o -n C- C- EZ 9') iz (V 71 c- r7Q L L (D CD CD (D c a) a) (D C: c- C7 cr cr cr CD CD W w 0 CD CD CD p C) C) CD CD C� NC�) PO 0 c) C-) C-) C) C-) c) C) 0 C) 0 p C-) C) -moi )i 5- 57 ZfT Z!T U 5- 5- 6- Oy OT a- 5- 5- U U 5- cn ch cn cn (n > m m 0 0 m m m m m m m m m m m 0 C:-* ch ch cn u) u) En cn c/) cn u) u) CL CL C. 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RETURN r.• PHO Book. 11574 Page 1411 Prepared by: City Clerk's Office 800 Seminole Road Atlantic Beach, FL 32233 Docq: 4 1310773 Book 1 1574 Rages: 1411 — 1412 Record and Return to: Filed 8 Recorded Maureen King 01/12/2004 08:43:02 AM JIM FULLER City Clerk CLERK CIRCUIT COURT 800 Seminole Road DUVAL COUNTY RECORDING $ 9.00 Atlantic Beach, FL 32233 TRUST FUND $ 1.50 CLAIM OF LIEN The City of Atlantic Beach, having given proper notice to the property owner, Benjamin Brown, Jr.,pertaining to property described as, 457 Sailfish Drive A/K/A Royal Palms Unit 2 A Lot 1 Block 27 for violation of Chapter 12, Sec.12-1 (b)(7), Chapter 12, Sec. 12-1 (b)(3), and Chapter 24, Sec.24-104 of the Code of Ordinances of the City of Atlantic Beach Florida, and finding that Benjamin Brown,Jr., owner of the property, has failed to make the required payments towards this obligation, it is the decision of the City of Atlantic Beach that a Claim of Lien be filed against Benjamin Brown, Jr.. Said Claim of Lien shall be recorded in the public records of the office of the Clerk of the Circuit Court in and for Duval County, Florida, and shall be payable with interest at the rate of 10%per annum until paid. This O Claim of Lien is to secure payment for the fines and administrative fees in the following amounts: Fine for non-compliance: $ 7,500.00 Administrative fees: $ 549.62 TOTAL DUE: $ 8, 049.62 r �y PaaM 11574 Page 1412 Executed this day of , 2004. CITY OF ATLANTIC EACH f Witness By. ,p r y 3 ames . Han . Aanager STATE OF FLORIDA _ zz:' 4 V.- COUNTY OF DUVAL Sworn to and subscribed to me this day o , 2004 who > personal known me or produced as identification, and who did/did not take.:an.oath. ,,r ..�• MAUREEN MG MY COMMISSION#DD 095080 Notary Public, State of to 'd at large EXPIRES:March 3J rs My Commission expires:c3/3 i /a oo�,o --� 01/26/07 Benjamin Brown, Jr. 457 Sailfish Drive RE# 171374-0000 Interest calculation on Code Enforcement fine assessed 10/16/03: Amount Amount Amount Date Assessed Paid Interest Due 10/16/03 8,049.62 0.00 178.64 8,228.26 01/05/04 8,228.26 (200.00) 1,502.27 9,530.53 11/18/05 9,530.53 (100.00) 1,122.42 10,552.95 (300.00) 2,803.33 H:\dailyuse\finance forms\[Brown CE interest calculation.xls]Sheet1 t Prepared by: City Clerk's Office 800 Seminole Road Atlantic Beach, FL 32233 Record and Return to: Maureen King City Clerk 800 Seminole Road Atlantic Beach, FL 32233 CLAIM OF LIEN The City of Atlantic Beach, having given proper notice to the property owner, Benjamin Brown, Jr., pertaining to property described as, 457 Sailfish Drive A/K/A Royal Palms Unit 2 A Lot 1 Block 27 for violation of Chapter 12, Sec.12-1 (b)(7), Chapter 12, Sec. 12-1 (b)(3), and Chapter 24, Sec.24-104 of the Code of Ordinances of the City of Atlantic Beach Florida, and finding that Benjamin Brown, Jr., owner of the property, has failed to make the required payments towards this obligation, it is the decision of the City of Atlantic Beach that a Claim of Lien be filed against Benjamin Brown, Jr.. Said Claim of Lien shall be recorded in the public records of the office of the Clerk of the Circuit Court in and for Duval County, Florida, and shall be payable with interest at the rate of 10%per annum until paid. This Claim of Lien is to secure payment for the fines and administrative fees in the following amounts: Fine for non-compliance: $ 7,500.00 Administrative fees: $ 549.62 TOTAL DUE: $ 8, 049.62 T Executed this day of 92004. CITY OF ATLANTIC BEACH Witness By. James R. Hanson, City Manager STATE OF FLORIDA COUNTY OF DUVAL Sworn to and subscribed to me this day of , 2004 by who is personally known to me or produced as identification, and who did/did not take an oath. Notary Public, State of Florida at large My Commission expires: d. x �. . a+' < h c� x�;'-r,/' ♦ ,Sf�r„ .-, � w1t , fit W ♦.w ,a�.�}� IAWW s « 3 t 44! �^ `a+*�'E; "'��..+'�.,�' r�sr'"` '*M��, sa,,a=^s' w. "�"� 4�✓n �?v a ��, ,z'f+�a k � psi. n+ ram,""f gs< a.; �� ;. � «,��*9r.,,:,�"+k• r.♦ w,w s� �„a'";i e .��r� �,3"�J "'!; �"M7 •<�;"!`��4��' �.".«",Ay�«�.+,,'aTy 3 .��«" 4�cif:+r `,.ems*r:.��7y� i♦�`�a � �`; a • '�! �� , may„*x "a'"-Y+.,�'�r; ,Y ^Nr�.,,��y�*✓'�` 457 Sailfish Dr October 6, 2002 Hearing Notification Posted On Front Door i t _ y� `IM`;.. �'r a� � rwww•�.ay,*R#�*ltt A`_ x � z� �§:Mtl�Y`.N{¢,+6� X&'li3fi$F+We�Nff�,�}M✓wby RY4bM4;��A.if4 �'M"b A 5��W �'�� W9��,. X11 '� �;"�s � +K-F�'�sw�+�44a sx�a NMykpi� �`.Y✓ �*�3a.9a4�a�i.'$+ � � x P.- ha.J" 3 457 Sailfish Dr October 6, 2002 Hearing Notification Posted On Front Door PROOF OF OWNERSHIP s 51iE Ir1r d l C 0 cnn: 'a� MIULa, �1sb54C o'the Cay o'Jazcsonvxt.FiDr ra Duval County Tax Collector 2002 Real Estate Tax Summary Property Information Real Estate No. 171374-0000-9 Name BENJAMIN JR BROWN Address 457 SAILFISH DR Mailing Address for the Property 457 SAILFISH DR P O BOX 51513 JACKSONVILLE BEACH FL 32240 - 1513 Legal Description of Property 31-001 38-2S-29E USD3 ROYAL PALMS UNIT 2 A LOT 1 BLOCK 27 0/R BK 7095-881 Tax Information Assessed Value 74983 Govt. Tax Value 49983 Exempt Code H RE Tax Lien Amt. Non Ad Val By Int. Amt. By Pen Amt. Gross Tax 973.96 .00 .00 .00 .00 973.96 CURRENT YEAR TAX TOTAL AMOUNT DUE IF PAID IN November December January February March April 935.00 944.74 954.48 964.22 973.96 1,008.18 Payment Information Paid Code UNPAID Paid Date Exception Code 997 Unpaid Certificate Information Amount Due for Certificate No. Certificate Holder Amount SEPTEMBER 2002-17792-000-8 EQUIFUNDING INC 1,033.23 1,177.24 2003-17349-000-9 WACHOVIA BANK NA AS CUST/TRUSTEE FOR 1,058.34 1,117.51 Mailing Map-It Payment Appraisal Address Feedback Feedback Feedback Home Property Map Appraiser While the Duval County Tax Collector's office has attempted to ensure that the data contained in this file is accurate and reflects the property's characteristics, the Duval County Tax Collector's Office makes no warranties, expressed or implied, concerning the accuracy, completeness, reliability, or suitability of this data. The Duval County Tax Collector's Office does not assume any liability associated with the use or misuse of this data Mayor- City Council -Jobs - About)ax - I want to... - I am... - services - Departments CODE ENFORCEMENT HEARING MAY I , 2001 FINDINGS OF FACT r 4 b CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA (May 1, 2001) DEFENDANT: Mr. Benjamin Brown, Jr. CASE NO. 075-01 RE: VIOLATIONS) OF Chapter 12, Section 12-1 (b) (7) and Chapter 24, Section 24-104, of the Code of the City of Atlantic Beach, Outside Storage of Miscellaneous Materials and Operation of a Junkyard in Residental District. LEGAL DESCRIPTION: 457 Sailfish Drive, a/k/a Lot 1, Block 27, Royal Palms Unit 2A RE# 171374-0000. The Code Enforcement Board has heard testimony at the Code Enforcement Board hearing held the 1st day of May, 2001, and based on the evidence, the Code Enforcement Board enters the following FINDINGS OF FACT, CONCLUSIONS OF LAW: FINDINGS OF FACT Code Enforcement Officer Alex Sherrer prior to the Code Enforcement Board Hearing, reported the property had been brought into compliance. Mr.Benjamin Brown was found to be violation of Chapter 12-1 (b) (7), for outside storage of Miscellaneous Materials and Chapter 24, Section 24-104 Operation of a Junkyard in a Residental District of the City Code. The Code Enforcement, Board voted to fine Mr. Benjamin Brown $5,000.00 as a repeat violator of Chapter 12-1 (b) (7) and also $2,500.00 as a repeat violator of Chapter 24, Section 24-104 under the Florida Statue 162.09 (2). The Code Enforcement Board voted not to levy the fine at this time, but instructed Mr. Benjamin Brown that if in the future, he was again found to be in violation, the $7,500.00 fine will be instated. The Board directed that these fines be deferred pending any repeat violations and that they be levied independent to any additional board actions. The Board assessed Mr. Benjamin Brown administrative expenses of$815.50 to be paid within 90 days. Re: Mr. Benjamin Brown Case No. 075-01 Re#: 171374-0000 May 1, 2001 CONCLUSIONS OF LAW There was competent, substantial evidence presented to support a finding of a violation of the Ordinance Code as charged. ORDER It is the Order of this Board that Mr. Beni amin Brown shall comply with the, Findings of Fact, as stated above. If, in the future, Mr. Benjamin Brown is again found to be in violation of these Codes, the $7,500.00 fine will be instated. If Mr. Benjamin Brown does not comply within the time as specified, a certified copy of this Order, or a Claim of Lien, shall be recorded in the public records of the Office of the Clerk of the Circuit Court in and for Duval County, and once recorded shall constitute a lien against the property upon which the violation exists, or if you do not own the land, upon any other real or personal property owned by you, pursuant to Chapter 162, Florida Statutes. DONE AND ORDERED THIS I"DAY OF May, 2001. A ST: �GGtiI%� Curtis M. granders, Jr. Chairman Code Enforcement Board Secretary CITY CODES Back I Print Previous I Next Sec. 12-1. Enumeration. (a) It shall be unlawful for any person, natural or corporate, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well-being of the community. (b) It is hereby declared to be a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (1) For any person to cause or allow any animal carcass or any filth or substance to be collected, deposited, or to remain in any place to the detriment of public health; (2) For any person to throw, deposit or discharge into or suffer to be collected, deposited or remain in any street, alley or other public place, or in any house, building, premises, sewer, or gutter, any filth, garbage, noxious substance, or any waste paper, rags, or any rubbish of any kind; (3) For any person to allow, suffer or permit any lot or premises, common or place of any kind whatsoever to become neglected so as to become a detriment to public health by weeds growing thereon, or by depositing of rubbish of any kind which may be injurious to the health and well-being of the community; (4) To allow, suffer or permit any stagnant water to accumulate or stand upon the surface of the ground or upon or within any receptacle or structure deposited or erected, either above or below the ground, without exercising necessary precautions to prevent the propagation of mosquitoes therein; (5) For any person to keep, herd, and feed any animals, such as hogs, horses, chickens, rabbits and guinea pigs in any manner which may be injurious to the health and well-being of any person due to noxious odors, noise, etc. (6) Any attraction which may prove detrimental to any human being, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, excavations, abandoned refrigerators and motor vehicles, or any structurally unsound fences or structures, or any lumber, debris or vegetation, which may prove a hazard for inquisitive minors. (7) For any person, either as the owner or occupant of a building, structure, or property to utilize the premises of the property for the open storage of any abandoned motor vehicle, icebox, refrigerator, stove, glass, building material, building rubbish, or similar items. (8) To allow, suffer or permit any building or structure which, by act of God, fire, decay or other cause which may become structurally dangerous, unsafe, dilapidated, unsanitary, or vermin infested to create a hazard to the health or safety of the occupants or the public. (9) For any person owning shopping carts to allow such carts to be removed from the owner's premises unless such person has a written policy in place for the effective retrieval of such carts. The written policy must include provisions for retrieval of shopping carts from public rights-of-way, apartment complexes, undeveloped lots, or other areas within the city, and for retrieval of shopping carts when brought to the attention of the owner by way of complaints from the public or the city. (10) For any person to cause or allow excessive amounts of dirt, debris, or any other substance to collect in any gutter or catch basin, or to accumulate on any street, causing the street to become obstructed, uneven or defaced. (c) For any person to discharge water from a water-source heat pump onto a public street or storm drainage system unless such discharge is approved by the city. (Ord. No. 55-82-20, § 1, 3-22-82; Ord. No. 95-89-43, § 1, 1-8-90; Ord. No. 95-02-80, § 1, 11-11- 02) Back I Print Previous I Next Sec. 24-104. Residential, single-family districts (RS-1). (a) Intent. The RS-1 zoning districts are intended for development of low density single-family residential areas. All development of land and parcels within the RS-1 zoning districts shall comply with the residential density limitations as set forth in the adopted comprehensive plan for the City of Atlantic Beach, as may be amended. (b) Permitted uses. The uses permitted in the RS-1 zoning districts shall be as follows. (1) Single-family dwellings. (2) Accessory uses. (See section 24-151.) (3) Government buildings and facilities. (c) Uses-by-exception. In the RS-1 zoning districts, the following uses-by-exception may be permitted. (1) Churches, subject to the provisions of section 24-153. (2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (3) Schools. (4) Home occupations, subject to the provisions of section 24-159. (d) Minimum lot or site requirements. The minimum requirements for lots and sites in the RS-1 zoning districts shall be as follows: (1) Lot or site area: Seventy-five hundred (7,500) square feet. (2) Lot width: Seventy-five (75)feet. (3) Lot depth: One hundred (100)feet. (e) Minimum yard requirements. The minimum yard requirements in the RS-1 zoning districts shall be as follows: (1) Front yard: Twenty (20)feet. (2) Rear yard: Twenty (20)feet. (3) Side yard: Seven and one-half(7.5)feet. (f) Building restrictions. The building restrictions in the RS-1 zoning districts are: (1) Maximum impervious surface: Fifty (50) percent. (2) Maximum building height: Thirty-five (35)feet. (Ord. No. 90-01-172, § 2, 11-26-01) COURTESY NOTICES LAN O� �� n v 2 '�CORIOP 1OR10P CITY OF ATLANTIC BEACH CITY OF ATLANTIC BEACH CODE ENFORCEMENT DIVISION CODE ENFORCEMENT DIVISION 800 Seminole Road 800 Seminole Road Atlantic Beach, Florida 32233 Atlantic Beach, Florida 32233 PHONE: 247-5855 PHONE: 247-5855 COURTESY COURTESY NOTICE OF VIOLATION NOTICE OF VIOLATION DATE Z7 O TIME l r DATE Z� 3 TIME OWNER/OCCUPANT OWNER/OCCUPANT y7 ��,/ � pf ys� sg,� ;s� yr ADDRESS ADDRESS THE INSPECTION MADE OF THE ABOVE PREMISES THE INSPECTION MADE OF THE ABOVE PREMISES THIS DATE DISCLOS D YOU WERE IN VIOLATION OF THIS DATE DISCLOSF,D YOU WERE IN VIOLATION OF ORDINANCE: �Z' ORDINANCE: /2- ! OF THE CODE OF THE CITY OF ATLANTIC BEACH, OF THE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA. FLORIDA. YOU CAN COMPLY BY ` /� �� ` YOU CAN COMPLY BY 3r mil WITHIN l DAYS OF THIS NOTICE WITHIN �1 DAYS OF THIS NOTICE Ale ' r `10 rJ THIS IS A COURTESY NOTICE IN ORDER TO MAKE THIS 1S A COURTESY NOTICE IN ORDER TO MAKE YOU AWARE OF A VIOLATION OF THE CITY CODE YOU AWARE OF A VIOLATION OF THE CITY CODE OF ATLANTIC BEACH. IF YOU HAVE ANY QUESTIONS OF ATLANTIC BEACH. IF YOU HAVE ANY QUESTIONS OR WOULD LIKE ADDITIONAL INFORMATION OR WOULD LIKE ADDITIONAL INFORMATION PERTAINING TO THIS NOTICE, PLEASE CALL PERTAINING TO THIS NOTICE, PLEASE CALL ATLANTIC BEACH CODE ENFORCEMENT OFFICE. ATLANTIC BEACH CODE ENFORCEMENT OFFICE. y CE# CODE ENFORCEMENT OFFICER CODE ENFORCEMENT OFFICER RECEIVED BY RECEIVED BY PHOTOGRAPHS r yA r x y Zs }' € 03 f F� E W �T++1f11'^1Ai'R%wXe .> 5Y4. �x.x -. � ,� Y«.fug,•ylAy, �,x r 457 S ilfi September 3 2003 f/ i� rt c•, i,. _a F r t' Al 7 f own �i'�! 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Y h`r to r: •3R _ . �woet'yi: (I Q FA •d-a� "rt'�a i „�aysYd�r••"'"`+ W! i ��''"'�� a"*,�1 .•C�: .�z t�.�93,3� 1`y�1' t F4'y i Y:. ��}1s�a�i s4�•'� t f i;: ., <'.x•'7c 1�,';_ � - Y- rid .s� t. \ A � ,-t^' L t�+t"'��`„,�r°i �'�.;"'�'��, HEARING NOTIFICATION CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING CASE NO. 537-03 October 3, 2003 Mr. Benjamin Brown, Jr. 457 Sailfish Drive Atlantic Beach, FL 32233 Dear Mr. Brown: 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, residents of Atlantic Beach, who meet regularly to hear allegations of code violations. You a re h ereby n otified a nd o rdered t o a ppear at t he n ext p ublic.h earing o f t he C ode Enforcement Board on WEDNESDAY, the 15th day of October 2003, AT 7:00 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violations of the following Section(s) of the Code of the City of Atlantic Beach: Chapter 12, Sec 12-1 (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS; Chapter 12, Sec 12-1 (b)(3)•ALL OWING EXCESSIVE GROWTH OF WEEDS; .Chapter 24 Sec 24-104 : CONDUCTING A SALVAGE BUSINES IN A RESIDENTIAL DISTRICT. It is alleged that you are in violation as a repeat offender of the above enumerated code section(s) in that there exists on the premises located at 457 Sailfish Drive, a/k/a Lot 1, Block 27, Royal Palms Unit 2A, the following condition(s): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS; ALLOWING EXCESSIVE GROWTH OF WEEDS; CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT. The Code Enforcement Board has the power to levy fines up to $250.00 per day for the first offense and $500.00 for the second offense against the property, if a violation is found to exist beyond the date set by the Board for compliance. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing. 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 Ellen LaVake, Secretary of the Code Enforcement Board within five days of the receipt of this notice at 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. Sinc C�— Curtis M. anders, Jr- Chairman Code Enforcement Board CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA Petitioner, vs. CASE NO.: 537-03 BENJAMIN BROWN,JR., Respondent ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on October 15,2003, 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 Benjamin Brown Jr. is the owner of record of the property located at 457 Sailfish Drive, Atlantic Beach,Florida,RE# 171374-0000. 2. That notice was served on October 3,2003 and that he was present at the hearing. 3. That previous notifications of the violation of Chapter 12, Sec 12-1 (b)(7)OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS;Chapter 12,Sec 12-1 (b)(3) ALLOWING EXCESSIVE GROWTH OF WEEDS; Chapter 24, Sec 24-104 CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT,were made and served on the Property Owner as evidenced in this hearing. CONCLUSIONS OF LAW - That Benjamin Brown, Jr. is guilty of violating Chapter 12, Sec 12-1 (b)(7)OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS; Chapter 12, Sec 12-1 (b)(3) ALLOWING EXCESSIVE GROWTH OF WEEDS;Chapter 24, Sec 24-104 CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT and has failed to correct such violation as of this hearing. 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 be found guilty for non-compliance, and as a repeat violator be fined the full$7,500.00 originally set aside during the hearing of May 1,2001. THAT the Respondent be granted until October 31, 2003 to bring his property into full compliance and that a fine of$500.00 a day be imposed for every day after that,and that any future violations will result in a$500.00 a day fine per violation starting with the first day of notification. THAT the Respondent is unlicensed and cannot be licensed to conduct a salvage business in a residential district and be forbidden from bringing any scrap metal,junk cars or any other salvage materials onto the property at 457 Sailfish Drive. THAT the Respondent be assessed full administrative costs of$549.62 for conducting this hearing,per Florida Statute 162.07 (2) and be given 1 month to pay all fines and fees assessed and failing to make payment a lien be placed against the property of 457 Sailfish Drive. All lien amounts are to be made payable with interest at a rate of ten(10)percent per annum from the date of certification until paid. Total of fines and administrative costs to be paid are$8,049.62. Failure to comply with this Order within the specified time will result in the recordation of this Order, which constitutes a lien upon any real or personal property owned by the violators. If such lien is filed, you will be assessed all costs incurred in recording and satisfying this lien. The Code Enforcement Board is authorized to collect, or settle said lien using any legal or equitable remedies available, after three(3)months from the filing of any lien, which remains unpaid. This Order becomes self-executing upon an Affidavit of Non-Compliance being filed with the City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 15th day of October, 2003. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT TBBOARD By: &cAaJ Richard Mann,Vice-Chairman Attest: q�V,4__ d_ E len LaVake, Secretary ATTENTION: It is your responsibility to notify Alex Sherrer, Code Enforcement Officer, at 247-5855 and satisfactorily demonstrate that the violation has been corrected. CITY OF ATLANTIC BEACH C.B. Date: April 12, 2005 Defendant: MR. BENJAMIN BROWN JR Case# 165-05 Location: 457 SAILFISH DRIVE A/K/A LOT 1, BLOCK 27, ROYAL PALMS UNIT 2A RE# 171374-0000 Violation: CHAPTER 12, SECTION 12-1 (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS CHAPTER 24, SECTION 24-104: CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT Owner Occupied: X Rental: Homestead: Yes X No Code Enforcement Board Members: 1. Inspection of the property revealed that a violation of the Code of the City of Atlantic Beach is present. Ownership of the property was determined through: Tax Records x Title Search Other 2. The code#(s) and nature of the violation(s)discovered are: CHAPTER 12, SECTION 12-1 (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS CHAPTER 24, SECTION 24-104: CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT 3.The inspection was prompted as a result of a: Complaint X Routine Inspection_Other 4. A violation notice was issued to the owner/occupant on: March 9, 2005 5. Notice to the owner-occupant was achieved by: Certified Mail Hand Delivery Posting of Property. X The method of service meets with requirements of Florida Statutes 162-12. 6. The latest inspection was made March 9, 2005 as a result of following up on the original complaint(s). 7. The violation(s) is still present X in compliance_. 8. In order to achieve compliance, it is necessary to correct all of the violations and maintain the property: Maintain the property at 457 Sailfish Dr in a manner that prohibits it from becoming a detriment to the community, by not using the property for the storage of junk and rubbish. 9. 1 do X do not have photographs of the property and violations as they existed on the property. They represent a fair and accurate representation of the property at the time they were taken. 10. 1 would estimate that 14 day(s)would be sufficient time to correct the violation. PAGE 2 CODE PRESENTATION SHEET 11. Further Comments: Mr. Brown, has previously appeared before the Code Enforcement Board: September 8, 1998: Found in violation Chapter 12, Sec12-1 (b)(3) Weeds and Rubbish, no fine imposed because property had been brought into compliance,board voted to impose a$100.00 a day fine if found in non-compliance again,fine to commence from first notification until brought into compliance September 7, 1999: Found in violation of Chapter 12, Sec 12-1 (b)(7) Illegal outside storage, assessed administrative fees only,board voted$250.00 a day fine if not brought into compliance, accrued to $4,500.00. Board voted to impose a $500.00 a day fine, fine to commence from first notification until brought into compliance. Fine accumulated to $4,500.00 January 11,2000: Found in violation of previous Board order,$4,500 fine reduced to$325.00 plus administrative fee of $174.58. Compliance was never verified because of privacy fence installation. May 1, 2001: Found in violation and fined a total of$7,500.00 as a repeat offender of Chapter 12, Sec 12-1 (b) (7) illegal outside storage, and Chapter 24, Section 24-104 operating a junk/salvage business in a residential neighborhood. All fines were deferred pending future violations. Assessed $815.50 in administrative fees. May 1, 2001 -October 15, 2003: Mr. Brown was issued 19 Courtesy Notices of Violation for not properly maintaining his property, 5 for illegal outside storage of rubbish and 3 for an unkempt lawn. Many times the rubbish removal could not be verified because the privacy fencing that had fallen down was either repaired or added to. October 15,2003: Mr. Brown was found guilty as a repeat offender of maintaining illegal storage of junk, having an overgrown lawn and for running a junk business in a residential district. $8,049.62 in fines and fees were imposed. Mr. Brown was forbidden from using his property for the storage of or conducting of a scrap metal/junk business. Mr. Brown asked if he could still bring his trailer home while loaded so long as he didn't off load or separate any materials on the property, the board verbally agreed to this condition. October 15, 2003 — Present: Mr. Brown has been issued 8 Courtesy Notices of Violation, 4 of which have been for illegal outside storage and were either corrected or hidden behind privacy fencing. PAGE 3 CODE PRESENTATION SHEET Recommendations: That as a repeat offender Mr. Brown be found guilty for non-compliance, and be fined the full $ 500.00 for each of the violations for a total of$1,000.00 That Mr. Brown be given 2 weeks to bring his property into full compliance and that a fine of $500.00 a day be imposed for every day after that, and that any future violations will result in a $500.00 a day fine per violation starting with the first day of notification. That Mr. Brown is unlicensed and cannot be licensed to conduct a salvage business in a residential district, and as the evidence shows that Mr. Brown still continues to conduct business by sorting material on his property. I recommend that Mr. Brown be forbidden from parking or storing any of his trailers on the property commonly known as 457 Sailfish Drive while containing any materials related to his salvage business. Furthermore, Mr. Brown be assessed the full administrative costs of$598.16 for conducting this hearing, per Florida Statute 162.07 (2) and be given 3 months to pay all fines and fees assessed and failing to make payment a lien be placed against the property of 457 Sailfish Dr for the total assessment plus all costs incurred for the filing of the lien. All lien amounts are to be made payable with interest at a rate of ten (10) percent per annum from the date of certification until paid. Total of fines and administrative costs to be paid are $1,589.16. Respectfully submitted, Alex Sherrer Code Enforcement Officer Code Enforcement Administrative Charges for Presentation to the Board Pursuant to Florida Statute 162.07 (2)the following charges for prosecuting this case before the Code Enforcement Board shall be charged to the violator provided he or she are found in violation. Code Enforcement Board Meeting: April 12, 2005 Case Number; 165-05: Mr. Benjamin Brown, 457 Sailfish Dr, Atlantic Beach, FL 32233 Code Enforcement Officer, $ 22.28 per hour X 10 hours = $222.80 Code Enforcement Secretary, $ 22.08 per hour X 4 hours = $ 88.32 Code Enforcement Attorney, $ 125.00 per hour X 2 hours = $250.00 Postage, Certified Mail, $ 4.42 X 2 = $ 8.84 Copies, Xerox $ .10 X 192 pages = 19.20 Total Charges $589.16 April 12, 2005 Alex Sherrer Code Enforcement Officer I CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA Petitioner, vs. CASE NO.: #165-05 BENJAMIN BROWN,JR., Respondent f ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on April 12,2005, 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 Benjamin Brown Jr. is the owner of record of the property located at 457 Sailfish Drive, Atlantic Beach,Florida,RE# 171374-0000. 2. That notice was served on March 28, 2005 and that he was present 3. That previous notifications of the violation of Chapter 12, Sec 12-1 (b)(7)OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS;Chapter 24, Sec 24-104 CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT,were made and served on the Property Owner as evidenced in this hearing. CONCLUSIONS OF LAW That Benjamin Brown,Jr. is guilty of violating Chapter 12, Sec 12-1 (b)(7) OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS; Chapter 24, Sec 24-104 CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT and has failed to correct such violation as of this hearing. 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 be found guilty for non-compliance, and as a repeat violator be fined the full$589.16 in administrative costs plus$500.00 for each violation. THAT the Respondent be granted until May 4,to bring his property into full compliance and that a fine of$200.00 a day be imposed for every day after that until compliance is met, and failure to comply will result in a lien on the Respondent's property at 457 Sailfish Drive. THAT the Respondent is unlicensed and cannot be licensed to conduct a salvage business in a residential district and be forbidden from storing/separating any scrap metal,junk cars, or any other salvage materials onto the property at 457 Sailfish Drive,nor permitted to bring, store or park a loaded trailer at the aforementioned property. THAT the Respondent be given 3 months to pay all fines and fees assessed and failing to make payment a lien be placed against the property of 457 Sailfish Drive. All lien amounts are to be made payable with interest at a rate of ten(10)percent per annum from the date of certification until paid. Total of fines and administrative costs to be paid are$1,589.16. Failure to comply with this Order within the specified time will result in the recordation of this Order,which constitutes a lien upon any real or personal property owned by the violators. If such lien is filed,you will be assessed all costs incurred in recording and satisfying this lien. The Code Enforcement Board is authorized to collect, or settle said lien using any legal or equitable remedies available, after three Q)months from the filing of any lien, which remains unpaid. This Order becomes self-executing upon an Affidavit of Non-Compliance being filed with the City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 13`s day of April,2005. CITY OF ATLANTIC BEACH,FLORIDA CODE ENF CEMENT BOARD By Curtis M. Sanders,Jr., Chairman Attest: }� t..�.e� �co�tJ1IV�Gtr� Susan Gorman, Secretary ATTENTION: It is your responsibility to notify Alex Sherrer, Code Enforcement Officer, at 247-5855 and satisfactorily demonstrate that the violation has been corrected. j Chapter 12 NUISANCES* Sec. 12-1. Enumeration. (a) It shall be unlawful for any person or business,to do, perform, have,allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition,which may be injurious to the health and well-being of the community. (b) It is hereby declared to be a nuisance,the enumerations of which are merely indications of the nature and type of acts,occurrences and conditions, and shall not be deemed to be exclusive: (1) For any person to cause or allow any animal carcass or any filth or substance to be collected,deposited, or to remain in any place to the detriment of public health. (2) For any person to throw,deposit or discharge into or suffer to be collected, deposited or remain on or in any public or private property, house or building, sewer, or gutter, any filth, or rubbish of any kind. (3) For any person to allow,suffer or permit any lot, premises, or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing of filth or rubbish of any kind. (4) For any person to allow, suffer or permit stagnant water to accumulate either above or below the ground, or to allow the propagation of mosquitoes therein. (5) For any person to keep, herd, and feed any large animals such as but not limited to hogs, horses, and goats or any small animals in any manner which may be injurious to the health and well-being of any person due to noxious odors, noise, etc. (6) For any person not to post, secure, or safeguard any hazardous condition which may prove detrimental to any human being,whether in a building, on the premises of a building, or upon an unoccupied lot.This includes any abandoned wells,shafts, basements, excavations,construction sites, as well as structurally unsound fences or structures. (7) For any person,either as the owner or occupant of a building, structure, or property to utilize the premises of the property for the open storage of any abandoned or inoperable motor vehicles, refrigerators or other appliances, household furniture, glass, building material, building rubbish, or similar items. (8) For any person to allow,suffer or permit any building or structure which, by storm damage,fire,decay or other cause to become structurally dangerous, unsafe, dilapidated,unsanitary, or vermin infested so that it creates a hazard to the health or safety of the occupants or the public. (9) For any business owning shopping carts to allow such carts to be removed from its premises unless a written policy is in place for the effective retrieval of such carts.The written policy must include provisions for retrieval of shopping carts from public rights-of-way,apartment complexes, undeveloped lots,or other areas within the city,and for retrieval of shopping carts when brought to the attention of the owner by way of complaints from the public or the city. (10) For any person to cause or allow excessive amounts of dirt,debris, or any other substance to collect in any gutter or catch basin, or to accumulate on any street, causing the street to become obstructed, uneven or defaced. (11) For any person or business to allow vegetation other than cultivated plants,shrubs, or trees to exceed a height of more than twelve(12) inches on any developed lot,or within twenty(20)feet of any occupied residential property, business property,or city right-of-way. (12) For any person to discharge water from a water-source heat pump onto a public street or storm drainage system unless such discharge is approved by the city. (Ord. No. 55-82-20, § 1, 3-22-82; Ord. No.95-89-43, § 1, 1-8-90; Ord. No. 95-02-80, § 1, 11-11-02; Ord. No. 95-04- 88, 7-26-04) Sec.24-104. Residential,single-family districts. (RS-1) (a) Intent.The RS-1 zoning districts are intended for development of low density single-family residential areas.All development of land and parcels within the RS-1 zoning districts shall comply with the residential density limitations as set forth within the adopted comprehensive plan for the City of Atlantic Beach, as may be amended. (b) Permitted uses.The uses permitted within the RS-1 zoning districts shall be as follows. (1) Single-family dwellings. (2) Accessory uses. (See Section 24-151.) (3) Government uses, buildings and facilities. (c) Uses-by-exception.Within the RS-1 zoning districts,the following uses-by-exception may be permitted. (1) Churches,subject to the provisions of section 24-153. (2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (3) Schools. (4) Home occupations,subject to the provisions of section 24-159. (d) Minimum lot size.The minimum size for lots within the RS-1 zoning districts,which are created after the initial effective date of these land development regulations,shall be as follows. (1) Lot or site area: Seven thousand,five hundred (7,500)square feet. (2) Lot width:Seventy-five(75)feet. (3) Lot depth:One hundred(100)feet. Existing legally established lots of record may exist,which do not meet the above requirements.These lots may be developed subject to all applicable land development regulations; however, all lots created after January 01,2002 must comply with the minimum lot size requirements in order to obtain building permits authorizing development. (See sections 24-188 and 24-189.) (e) Minimum yard requirements.The minimum yard requirements in the RS-1 zoning districts shall be as follows. (1) Front yard:Twenty(20)feet. (2) Rear yard:Twenty(20)feet. (3) Side yard:Seven and one-half(7.5)feet. (f) Building restrictions. Building restrictions within the RS-1 zoning districts shall be as follows. (1) Maximum impervious surface: Fifty(50)percent. (2) Maximum building height:Thirty-five(35)feet. (Ord. No. 90-03-184,§2, 12-8-03) CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) CASE #165-05 Petitioner, ) SUBPOENA VS. ) Mr. Benjamin Brown,Jr. ) Respondents ) TO: Mr. Benjamin Brown,Jr. 457 Sailfish Drive ATLANTIC BEACH, FL 32233 YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board of the City of Atlantic Beach, Florida, at City Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the 12`h of April 2005 at 7:00 p.m. in reference to violation of the Code of Ordinances of the City of Atlantic Beach, Florida, Chapter 12, Section 12-1 (b) (7): Outside Storage of Miscellaneous Materials and Chapter 24,Section 24-104: conducting a Salvage Business in a Residential District. Failure to appear subjects you to penalty of law. Dated this 281h day of March 2005. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA BY: i.cdn.Y. ��'lnYl Susan Gorman, Secretary CITY OF ATLANTIC BEACH jS 800 SEMINOLE ROAD ATLANTIC BEACH,FLORIDA 32233-5445 TELEPHONE: (904)247-5800 FAX:(904)247-5805 '-� SUNCOM:852-5800 http://ci.atlantic-beach.fl.us March 9, 2005 Mr. Benjamin Brown Jr P.O. Box 51513 Jacksonville Beach, FL 32240-1513 Subject: Atlantic Beach Code, Chapter 12, Sec 12-1 (b) (3) Nuisances Dear Mr. Brown, Our records indicate that you are the owner of the following property in Atlantic Beach, Florida: Re: 457 Sailfish Dr A/k/a: 31-001 38-2S-29E Royal Palms Unit 2A Lot 1, Block 27 O/R BK 7095-811 RE# 171374-0000 Consider this letter as an Official Notification of Violation as a repeat offender. On February 23, 2005, the Code Enforcement Officer of Atlantic Beach identified you of being in violation of the following City Codes: 1. City Code Chapter 12, Sec 12-1 (b) (7) Outside Storage Of Miscellaneous Materials 2. City Code Chapter 24, Sec 24-151 (b) Having More Then One Storage Shed. 3. City Code Chapter 12, Sec 12-1 (6) Structurally Unsound Fence. 4.City Code Chapter 24, Sec 24-104: Illegal Operation Of A Junkyard In A Residential District. I am granting you 7 days from receipt of this notification to secure a permit for whichever storage shed you intend to use as an Accessory Building; all other such structures must be removed within 2 weeks of this notification. Additionally I am granting you 2 weeks from this notification to either repair or remove all dilapidated fencing. As a Repeat Offender, no time to correct is being given for the violations of illegal outside storage and illegal operation of a junkyard/salvage business. A hearing will be scheduled before the Code Enforcement Board to consider these violations. Should you have any questions or concerns involving this matter, you can contact me at(904) 247-5855. ALEXANDER J. SHERRER Code Enforcement Officer c: Public Safety Director � 4�-• �:. _. �.-ter..� x.� , ..>. :.r-+e-< rar.�rw"f+�i-ta �tv t J{ i x ..�ti'A•r-v .,rs�' .£.+nM1�F�rown+.?:.14:.�,f.Y`r..C1e 4a+YWSh1v�bs.�:»��'H+V�Y'✓'M ti,-1 2 .+r•.Cam,5A-e r�<Iwwx-wir c....w.,.w i mow.. 3, 4 1. arc ; 1005 Posting 457 Sailfish Dr- k f _ { } si a�, � �yaks .A•��` �„ - � �t'*_.� rti'a� < + � II +V Pof s JF If 0 q �y~ r c, Y �. � — box,..•:,, 5 M w r<` G�VJ M�gI 1 i s k x F � Tj 1 I, lour. Benjamin Brown Jr., have received and understand the following Code Enforcement Board Order and City Codes as they relate to my residence at 457 Sailfish Dr, Atlantic Beach, FL. City Code, Chapter 12: See (b) (2) No rubbish permitted on the property. Sec (b) (6) No structurally unsound fencing permitted. Sec (b) (7) No outside storage of business related materials, inoperable vehicles, refrigerators, other appliances, or similar items. Sec (b) (11) No grass or weeds over 12 inches in height. City Code, Chapter 24: Sec 24-163 (a) (3) No construction equipment or trailers with construction equipment can be stored on the property. Sec 24-163 (b) (1) No more then 2 trailers permitted on the property. Sec 24-163 (b) (2)All trailers must be stored 15 feet behind the front property line. Sec 24-163 (c) Junk, inoperable, unregistered vehicles are not permitted. Vehicle repairs are limited to simple maintenance, such as oil and tire changes, brake repair, or similar such work that do not to exceed 8 hours to perform. Sec 24-163 (d) No materials, supplies, appliances or equipment used in any commercial business can be stored outdoors. Code Enforcement Board Order, Case # 165-05 Forbids you from sorting/storing scrap metal,junk cars or any other salvage materials at your residence, and forbids you from parking or storing a loaded trailer at your residence. r Senj min' Brown Jr. Date Witness I, Mr. Benjamin Brown Jr., have received and understand the following Code Enforcement Board Order and City Codes as they relate to my residence at 457 Sailfish Dr, Atlantic Beach, FL. City Code, Chapter 12: See (b) (2) No rubbish permitted on the property. Sec (b) (6) No structurally unsound fencing permitted. Sec (b) (7) No outside storage of business related materials, inoperable vehicles, refrigerators, other appliances, or similar items. Sec (b) (11) No grass or weeds over 12 inches in height. City Code, Chapter 24: Sec 24-163 (a) (3) No construction equipment or trailers with construction equipment can be stored on the property. Sec 24-163 (b) (1) No more then 2 trailers permitted on the property. Sec 24-163 (b) (2)All trailers must be stored 15 feet behind the front property line. Sec 24-163 (c) Junk, inoperable, unregistered vehicles are not permitted. Vehicle repairs are limited to simple maintenance, such as oil and tire changes, brake repair, or similar such work that do not to exceed 8 hours to perform. Sec 24-163 (d) No materials, supplies, appliances or equipment used in any commercial business can be stored outdoors. Code Enforcement Board Order, Case ## 165-05 Forbids you from sorting/storing scrap metal,junk cars or any other salvage materials at your residence, and forbids you from parking or storing a loaded trailer at your residence. /� Benj min Brown Jr. Date Witness I, Mr. Benjamin Brown Jr., have received and understand the following Code Enforcement Board Order and City Codes as they relate to my residence at 457 Sailfish Dr, Atlantic Beach, FL. City Code, Chapter 12: See (b) (2) No rubbish permitted on the property. Sec (b) (6) No structurally unsound fencing permitted. Sec (b) (7) No outside storage of business related materials, inoperable vehicles, refrigerators, other appliances, or similar items. Sec (b) (11) No grass or weeds over 12 inches in height. City Code, Chapter 24: Sec 24-163 (a) (3) No construction equipment or trailers with construction equipment can be stored on the property. Sec 24-163 (b) (1) No more then 2 trailers permitted on the property. Sec 24-163 (b) (2)All trailers must be stored 15 feet behind the front property line. Sec 24-163 (c) Junk, inoperable, unregistered vehicles are not permitted. Vehicle repairs are limited to simple maintenance, such as oil and tire changes, brake repair, or similar such work that do not to exceed 8 hours to perform. Sec 24-163 (d) No materials, supplies, appliances or equipment used in any commercial business can be stored outdoors. Code Enforcement Board Order, Case # 165-05 Forbids you from sorting/storing scrap metal,junk cars or any other salvage materials at your residence, and forbids you from parking or storing a loaded trailer at your residence. ;r VII17 Benj min Brown Jr. Date ✓� Witness I, Mr. Benjamin Brown Jr., have received and understand the following Code Enforcement Board Order and City Codes as they relate to my residence at 457 Sailfish Dr, Atlantic Beach, FL. City Code, Chapter 12: Sec (b) (2) No rubbish permitted on the property. Sec (b) (6) No structurally unsound fencing permitted. Sec (b) (7) No outside storage of business related materials, inoperable vehicles, refrigerators, other appliances, or similar items. Sec (b) (11) No grass or weeds over 12 inches in height. City Code, Chapter 24: Sec 24-163 (a) (3) No construction equipment or trailers with construction equipment can be stored on the property. ` Sec 24-163 (b) (1) No more then 2 trailers permitted on the property. Sec 24-163 (b) (2) All trailers must be stored 15 feet behind the front property line. Sec 24-163 (c) Junk, inoperable, unregistered vehicles are not permitted. Vehicle repairs are limited to simple maintenance, such as oil and tire changes, brake repair, or similar such work that do not to exceed P hours to perform. Sec 24-163 (d) No materials, supplies, appliances or equipment used in any commercial business can be stored outdoors. Code Enforcement Board Order, Case # 165-05 Forbids you from sorting/storing scrap metal, junk cars or any other salvage materials at your residence, and forbids you from parking or storing a loaded trailer at your residence. 7 Benj in Brown Jr. Date Witness P:P � qer +Xi A t , r M , sow-, w Y fJ � r I ;j I i d I Ili I I I I� I II i �I i i I t CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA Petitioner, vs. CASE NO.: #165-05 BENJAMIN BROWN, JR., Respondent ORDER REDUCING FINE THIS CAUSE originally came on for hearing before the Code Enforcement Board on April 12, 2005,and the Board having heard testimony under oath,received evidence, and heard arguments respective to all appropriate matters, and an order imposing fines for Non-Compliance was issued April 13,2005. The Respondent appeared before the Board subsequently on January 9,2007, and appealed to the Board to reconsider the fines related to Case No: #165-05 It is hereby ORDERED: THAT the accrued fine amount of$113,189.00,previously imposed for failure to comply with the Board's Order dated April 13,2005 will be reduced by seventy percent provided the Respondent remains in compliance and violation free through December 31,2007. Furthermore, any repeat violations of City Code on or before December 31,2007,will negate this order to reduce the original fine amount, and the full amount of the original$113,189.00 in accrued fines will remain in force. In the event of any such repeat violation,no additional requests for relief will be considered. This Order becomes self-executing upon being filed with the Atlantic Beach City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 16`h day of January,2007. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFO,RC ME BO By: - Carl Russell,Chairman Attest: Susan Gorman, Secretary I, Mr. Beniamin Brown Jr., have received and understand the following Code Enforcement Board Order and City Codes as they relate to my residence at 457 Sailfish Dr, Atlantic Beach, FL. City Code, Chapter 12: Sec (b) (2) No rubbish permitted on the property. Sec (b) (6) No structurally unsound fencing permitted. Sec (b) (7) No outside storage of business related materials, inoperable vehicles, refrigerators, other appliances, or similar items. Sec (b) (11) No grass or weeds over 12 inches in height. City Code, Chapter 24: Sec 24-163 (a) (3) No construction equipment or trailers with construction equipment can be stored on the property. Sec 24-163 (b) (1) No more then 2 trailers permitted on the property. Sec 24-163 (b) (2) All trailers must be stored 15 feet behind the front property line. Sec 24-163 (c) Junk, inoperable, unregistered vehicles are not permitted. Vehicle repairs are limited to simple maintenance, such as oil and tire changes, brake repair, or similar such work that do not to exceed 8 hours to perform. Sec 24-163 (d) No materials, supplies, appliances or equipment used in any commercial business can be stored outdoors. Code Enforcement Board Order, Case # 165-05 Forbids you from sorting/storing scrap metal, junk cars or any other salvage materials at your residence, and forbids you from parking or storing a loaded trailer at your residence. Ad T- Benj min Brown Jr. Date Witness L`J- �� /I- CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD SSA ATLANTIC BEACH,FLORIDA 32233-5445 r TELEPHONE: (904)247-5800 r-_r FAX: (904)247-5805 SUNCOM: 852-5800 www.coab.us �I November 20, 2007 Mr. Benjamin Brown Jr P.O. Box 51513 Jacksonville Beach, FL 32240-1513 Subject: Violations of Atlantic Beach City Code Dear Mr. Brown, City records identify you as the current resident at following property in Atlantic Beach, Florida: Re: 457 Sailfish Dr A/k/a: 31-001 38-2S-29E Royal Palms Unit 2A Lot 1, Block 27 O/R BK 7095-811 RE# 171374-0000 Consider this letter as an Official Notification of Violation. That on November 19, 2007, in response to a complaint, the Atlantic Beach City Code Enforcement Officer identified the aforementioned property of being in violation of the following city codes: 1. Chapter 12, Sec 12-1 (b) (7): Illegal Utilization of Property For Open Storage. 2. Chapter 12, Sec 12-1 (b) (6): Structurally Unsound Fencing In an effort to eliminate any undo hardship I am granting you until December 7, 2007 to correct the aforementioned items. You can comply by either properly disposing of or properly storing all junk/rubbish located at your residence and by properly securing all sections of the privacy fence. Additionally, you are reminded of your responsibility as a resident of Atlantic Beach and that failure to comply will constitute a violation of City Code, and that as a repeat offender, you can incur fines of up to$500.00 per day, per violation. Furthermore should you fail to comply, the property owner will be held equally responsible and can be fined up to $250.00 per day. Should you have any questions or concerns involving this matter, you can contact me at(904) 247- 5855. i IA6 A�/ ALEXANDER J./SHERRER Code Enforcement Officer c: Public Safety Director e r i 'f ff v aU r ti � 1 yl ..r r <" .1 � ..•." ji � ,.�c^ "fir ,�� R - • r Jmi- a i R � f, K, .- - a .. - MW Sherrer, Alex From: Ramsay, Debra Sent: Wednesday, November 30, 2005 3:17 PM To: Sherrer, Alex Subject: RE: Code enforcement Fine done From: Sherrer,Alex Sent: Wednesday, November 30, 2005 11:12 AM To: Ramsay,Debra; Bussey,Donna Cc: Thompson, David; Hanson,Jim Subject: FW:Code enforcement Fine It's that time of month again. Mr. Benjamin Brown Jr. of 457 Sailfish Dr (RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and has accumulated the following fines for the Month of November to be added to the amounts already owed. 1. Case#839-04 additional fine amount $7,500.00 2. Case# 165-05 additional fine amount $6,000.00 Also recommend that the existing recorded liens on Mr. Browns Property be updated to reflect what is currently owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, FI 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us 1 Ramsay, Debra From: Sherrer, Alex Sent: Tuesday, January 03, 2006 3:05 PM To: Ramsay, Debra; Bussey, Donna Cc: Van Liere, Nelson; Gorman, Susan Subject: FW: Code Enforcement Fine Debbie, Mr. Benjamin Brown Jr. of 457 Sailfish Dr (RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and has accumulated the following fines for the Month of December to be added to the amounts already owed. 1. Case#839-04 additional fine amount$7,750.00 2. Case# 165-05 additional fine amount$6,200.00 Also recommend that the existing recorded liens on Mr. Browns Property be updated to reflect what is currently owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us 1 Ramsay, Debra From: Sherrer, Alex Sent: Monday, January 30, 2006 10:23 AM To: Ramsay, Debra Cc: Bussey, Donna; Thompson, David Subject: FW: Code Enforcement Fine Debbie, Code Enforcement Board refused to hear Mr. Browns appeal until property brought into compliance, his next appeal is scheduled for March. Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and has accumulated the following fines for the Month of January to be added to the amounts already owed. 1. Case#839-04 additional fine amount$3,750.00 2. Case# 165-05 additional fine amount$6,200.00 Also recommend that the existing recorded liens on Mr. Brown's property be updated to reflect what is currently owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax(904) 247-5805 E-mail: asherrer @coab.us i Ramsay, Debra From: Sherrer, Alex Sent: Tuesday, February 28, 2006 8:39 AM To: Ramsay, Debra Cc: Bussey, Donna; Thompson, David Subject: FW: Code Enforcement Fine From: Sherrer,Alex Sent: Monday,January 30, 2006 10:23 AM To: Ramsay, Debra Cc: Bussey, Donna;Thompson, David Subject: FW: Code Enforcement Fine Debbie, Sorry for the delay, was out sick yesterday, I realize it's to late for the current billing. Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and has accumulated the following fines for the Month of February to be added to the amounts already owed. Case# 165-05 additional fine amount$5,600.00 Also recommend that the existing recorded liens on Mr. Brown's property be updated to reflect what is currently owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, FI 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us 1 Sherrer, Alex From: Ramsay, Debra Sent: Thursday, March 30, 2006 4:07 PM To: Sherrer, Alex Subject: RE: Code Enforcement Fine Entered 03/30/06 with a transaction date of 04/01/06 From: Sherrer, Alex Sent: Thursday,March 30, 2006 9:19 AM To: Ramsay,Debra Cc: Bussey, Donna;Thompson, David Subject: RE:Code Enforcement Fine Debbie, Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and has accumulated the following fines for the Month of March to be added to the amounts already owed. Case# 165-05 additional fine amount $6,200.00 Also recommend that the existing recorded liens on Mr. Brown's property be updated to reflect what is currently owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us Sherrer, Alex From: Ramsay, Debra Sent: Tuesday, May 30, 2006 8:58 AM To: Sherrer, Alex Subject: RE: Code Enforcement Fine - Ben Brown done From: Sherrer,Alex Sent: Thursday, May 25, 2006 8:13 AM To: Ramsay, Debra Cc: Bussey,Donna;Thompson,David Subject: Code Enforcement Fine-Ben Brown Debbie, What with the long weekend, figured I'd better get this in now. Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and is making no attempt to correct. He will have accumulated the following fines for the Month of May to be added to the amounts already owed. Case# 165-05 additional fine amount $6,200.00 Also recommend that the existing recorded liens on Mr. Brown's property be updated to reflect what is currently owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us 1 Sherrer, Alex From: Sherrer, Alex Sent: Thursday, May 25, 2006 8:13 AM To: Ramsay, Debra Cc: Bussey, Donna; Thompson, David Subject: Code Enforcement Fine- Ben Brown Debbie, What with the long weekend, figured I'd better get this in now. Mr. Benjamin Brown Jr. of 457 Sailfish Dr (RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and is making no attempt to correct. He will have accumulated the following fines for the Month of May to be added to the amounts already owed. Case# 165-05 additional fine amount$6,200.00 Also recommend that the existing recorded liens on Mr. Brown's property be updated to reflect what is currently owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, FI 32233 Ph (904) 247-5855 Fax(904) 247-5805 E-mail: asherrer@Goab.us Tracking: Recipient Delivery Read Ramsay,Debra Delivered:5125/2006 8:14 AM Read:5/25/2006 9:30 AM Bussey,Donna Delivered:5/2512006 8:14 AM Thompson,David Delivered:5/25/2006 8:14 AM Read:5/25/2006 10:31 AM 1 Sherrer, Alex From: Sherrer, Alex Sent: Friday, June 30, 2006 8:04 AM To: Ramsay, Debra Cc: Bussey, Donna Subject: Code Enforcement Fine- Ben Brown Debbie, Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and is making no attempt to correct. He will have accumulated the following fines for the Month of June to be added to the amounts already owed. Case# 165-05 additional fine amount $6,000.00 Also, please forward total amount owed to the City Clerks Office, so we can ensure the existing recorded liens on Mr. Brown's property are current with what he owes. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us i Sherrer, Alex From: Ramsay, Debra Sent: Friday, June 30, 2006 10:31 AM To: Sherrer, Alex Cc: Bussey, Donna; Benjamin, Jeri Subject: RE: Code Enforcement Fine- Ben Brown Alex, Attached is a print screen of what Mr. Brown owes as of your latest e-mail. The City Clerk's office can do account inquiry for Mr. Brown alphabetically or numerically (customer# 115-558) to see what their current balance is in the future If anyone needs assistance in how to do this I will be happy to show them. Debbie Customer ID . . . : 115 Name: Brown, Benjamin Last statement . : 6/01/06 Addr: P.O. Box 51513 Last invoice . . : 6/30/06 JAX BEACH, FL 32240-1513 Current balance . : 132,588.78 Pending . . . . . : .00 A ACTIVE Code Enforcement Previous balance 126,588.78 Deposit balance . : .00 Type options, press Enter. Open Activity 1=Select Opt Code Description Current Overdue Total due CE001 Code Enforcement Fines 6000.00 126588.78 132588.78 From: Sherrer,Alex Sent: Friday,June 30, 2006 8:04 AM To: Ramsay, Debra Cc: Bussey,Donna Subject: Code Enforcement Fine-Ben Brown Debbie, Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and is making no attempt to correct. He will have accumulated the following fines for the Month of June to be added to the amounts already owed. Case# 165-05 additional fine amount $6,000.00 Also, please forward total amount owed to the City Clerks Office, so we can ensure the existing recorded liens on Mr. Brown's property are current with what he owes Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, FI 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us Sherrer, Alex From: Ramsay, Debra Sent: Monday, August 07, 2006 9:41 AM To: Sherrer, Alex Cc: Bussey, Donna; Gorman, Susan Subject: RE: Code Enforcement Fine- Ben Brown Alex, I have processed the charge detailed below & Mr. Brown's current balance is$138,788.78. The City Clerk's office has the inquiry option in Accounts Receivable menu & should be able to determine if they have filed the proper amount on the lien. Thanks, Debbie From: Sherrer,Alex Sent: Monday,August 07, 2006 8:11 AM To: Ramsay, Debra Cc: Bussey,Donna Subject: RE:Code Enforcement Fine-Ben Brown Debbie, Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings. He will have accumulated the following fines for the Month of July to be added to the amounts already owed. Case# 165-05 additional fine amount $6,200.00 Also, please forward total amount owed to the City Clerks Office, so we can ensure the existing recorded liens on Mr. Brown's property are current with what he owes. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us 1 Sherrer, Alex From: Ramsay, Debra Sent: Friday, September 29, 2006 3:24 PM To: Sherrer, Alex Subject: RE: Code Enforcement Fine - Ben Brown Done today From: Sherrer,Alex Sent: Friday,September 29, 2006 11:33 AM To: Ramsay, Debra Cc: Thompson,David; Hanson,Jim Subject: RE: Code Enforcement Fine-Ben Brown Debbie, Mr. Benjamin Brown Jr, of 457 Sailfish Dr (RE# 171374-0000) did not win his appeal on September 12th. The Code Enforcement Board ruled that he still is not in compliance and that the fines will remain in effect until he has complied. He has accumulated the following total amount for the months of August & September to be added to the amounts already owed. Case# 165-05 additional fine amount $12,200.00 Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, FI 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us 1 Sherrer, Alex From: Sherrer, Alex Sent: Wednesday, November 01, 2006 12:07 PM To: Ramsay, Debra Subject: FW: Code Enforcement Fine - Ben Brown Debbie, Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings. He will have accumulated the following fines for the Month of October to be added to the amounts already owed. Case# 165-05 additional fine amount $6,200.00 Alex P.S. Thanks for the reminder!!!!!!!!!!!!!!!!!!! Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us Tracking: Recipient Delivery Read Ramsay, Debra Delivered: 11/1/2006 12:07 PM Read: 11/2/2006 10:41 AM 1 Sherrer, Alex From: Sherrer, Alex Sent: Monday, November 27, 2006 8:36 AM To: Ramsay, Debra; Bussey, Donna; Gorman, Susan; Thompson, David; Hanson, Jim Subject: Code Enforcement Fine- Mr. Benjamin Brown Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) is finally in compliance with the previous Code Enforcement Board findings. He will have accumulated the following fines for the Month of November to be added to the amounts already owed. Case# 165-05 additional fine amount $2,800.00 City Clerk's Office will need to ensure the existing lien on Mr. Brown's property at 457 Sailfish Dr. reflects the final total owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us Tracking: Recipient Delivery Read Ramsay, Debra Delivered: 11/27/2006 8:36 AM Read: 11/27/2006 12:51 PM Bussey,Donna Delivered:11/27/2006 8:36 AM Read:12/1/2006 5:40 PM Gorman,Susan Delivered:11/27!2006 8:36 AM Read:11127/2006 9:23 AM Thompson,David Delivered:11/2712006 8:36 AM Read:11/27/2006 8:37 AM Hanson,Jim Delivered:11127/2006 8:36 AM Read: 11/27/2006 8:49 AM 1 Sherrer, Alex From: Ramsay, Debra Sent: Tuesday, November 28, 2006 8:34 AM To: Sherrer, Alex Subject: RE: Code Enforcement Fine - Mr. Benjamin Brown Alex, Entered & mailed 11/28/06. Debbie From: Sherrer,Alex Sent: Monday,November 27, 2006 8:36 AM To: Ramsay,Debra; Bussey, Donna;Gorman,Susan;Thompson, David; Hanson,Jim Subject: Code Enforcement Fine-Mr. Benjamin Brown Mr. Benjamin Brown Jr. of 457 Sailfish Dr (RE# 171374-0000) is finally in compliance with the previous Code Enforcement Board findings. He will have accumulated the following fines for the Month of November to be added to the amounts already owed. Case# 165-05 additional fine amount $2,800.00 City Clerk's Office will need to ensure the existing lien on Mr. Brown's property at 457 Sailfish Dr. reflects the final total owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us 1 Sherrer, Alex From: Sherrer, Alex Sent: Friday, January 26, 2007 6:19 AM To: Bussey, Donna Subject: FW: Benjamin Brown Donna, Forwarding for action. Alex From: Hanson,Jim Sent: Thursday,January 25,2007 6:17 PM To: Sherrer,Alex Subject: RE: Benjamin Brown Alex; In that case, let's get a lien posted for the full amount ASAP. Jim From: Sherrer,Alex Sent: Thursday,January 25,2007 5:24 PM To: Hanson,Jim; Bussey,Donna;Thompson, David Subject: Benjamin Brown Importance: High Mr. Brown just left, he's in the process of securing a loan from a family friend to pay his taxes. The friend is seeking to secure and hold a clear title to Mr. Brown's property in return for the loan. Of the total amount in fines owed (approx $159, 689.00), only $8,049.62 is posted as a lien on his property. As Mr. Brown owns his property outright, I can see we may have a problem with this situation. Alex Alexander J. 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CASE NO.: #165-05 BENJAMIN BROWN,JR., Respondent ORDER REDUCING FINE THIS CAUSE originally came on for hearing before the Code Enforcement Board on April 12, 2005,and the Board having heard testimony under oath,received evidence, and heard arguments respective to all appropriate matters, and an order imposing fines for Non-Compliance was issued April 13,2005. The Respondent appeared before the Board subsequently on January 9,2007,and appealed to the Board to reconsider the fines related to Case No: #165-05 It is hereby ORDERED: THAT the accrued fine amount of$113,189.00,previously imposed for failure to comply with the Board's Order dated April 13,2005 will be reduced by seventy percent provided the Respondent remains in compliance and violation free through December 31,2007. Furthermore, any repeat violations of City Code on or before December 31,2007,will negate this order to reduce the original fine amount, and the full amount of the original$113,189.00 in accrued fines will remain in force. In the event of any such repeat violation,no additional requests for relief will be considered. This Order becomes self-executing upon being filed with the Atlantic Beach City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 16''day of January, 2007. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFO,RC ME BO By: ,1 Carl Russell,Chairman Attest: Susan Gorman, Secretary CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA Petitioner, VS. CASE NO.: #839-04 BENJAMIN BROWN,JR., Respondent ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on July 12,2005,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 Benjamin Brown Jr.is the owner of record of the property located at 457 Sailfish Drive, Atlantic Beach,Florida,RE# 171374-0000. 2. That notice was posted on the property on July 11,2005 and the Respondent was present at the hearing. 3. That notifications of the violation of Chapter 6-16:FLORIDA BUILDING CODE AS ADOPTED,NO PERMIT,NO INSPECTION;Chapter 24,Sec 24-151 (b)(1)i HAVING MORE THAN ONE STORAGE/TOOL SHED;CHAPTER 12,SEC. 12-1(b)6 UNSOUND FENCING,were made and served on the Property Owner as evidenced in this hearing. CONCLUSIONS OF LAW That Benjamin Brown,Jr.is guilty of violating Chapter 6-16,FLORIDA BUILDING CODE AS ADOPTED,NO PERMIT,NO INSPECTIONS;Chapter 24,Sec 24-151(b) (1)i HAVING MORE THAN ONE STORAGE/TOOL SHED;CHAPTER 12,SEC.12-1 (b)6 UNSOUND FENCING. 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 guilty of non-compliance and is required to bring his property into compliance not later than August 11,2005. That failure to comply within the prescribed time will result in a fine of$250.00 per day until compliance is met. Administrative fees are waived. 3 THAT the Respondent is permitted not more than one storage/tool shed,which must be permitted through the City of Atlantic Beach Building Department,and is required to remove any non-permitted storage/tool sheds from his property. THAT the Respondent is required to correct the dilapidated fencing found on his property,and as there is no requirement for fencing,the existing dilapidated fence must be repaired,replaced or removed within the prescribed time. The Code Enforcement Officer must inspect any fencing that is repaired or replaced before compliance is satisfied. THAT failure to comply with this Order within the specified time will result in the recordation of this Order,which constitutes a lien upon any real or personal property owned by the violators. If such lien is filed,you will be assessed all costs incurred in recording and satisfying this lien. All lien amounts are to be made payable with interest at a rate of ten(10) percent per annum from the date of certification until paid The Code Enforcement Board is authorized to collect,or settle said lien using any legal or equitable remedies available,after three(3)months from the filing of any lien,which remains unpaid. This Order becomes self-executing upon an Affidavit of Non-Compliance being filed with the City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 13d day of July,2005. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD By: Curtis M.Sanders,Jr.,Chairman Attest: Susan Gorman,Secretary ATTENTION: It is your responsibility to notify Alex Sherrer,Code Enforcement Officer, at 247-5855 and satisfactorily demonstrate that the violation has been corrected. MR450IO2 City of Atlantic Beach 1/22/Ub Invoice Inquiry 15: 10 : 44 Customer ID . . . . 115 Name: Brown, Benjamin Last statement 1/02/08 Addr: P.O. Box 51513 Last invoice 11/28/06 JAX BEACH, FL 32240-1513 Current balance 159, 988 . 78 Pending . . . . . . . 00 Status: A ACTIVE Type options, press Enter. 1=Select opt Date Invoice # Current Overdue Total billed 11/28/06 336 . 00 2800 . 00 2800 . 00 11/02/06 334 . 00 6200 . 00 6200 . 00 9/29/06 325 . 00 12200 . 00 12200 . 00 8/07/06 320 . 00 6200 . 00 6200 . 00 6/30/06 308 . 00 6000 . 00 6000 . 00 5/31/06 303 . 00 6200 . 00 6200 . 00 4/28/06 297 . 00 6000 . 00 6000 . 00 4/01/06 289 . 00 6200 . 00 6200 . 00 More. . . F3=Exit F12=Cancel !;c t. 12. 2007 2: 30PM noe-foods No. 5919 P. 2 WILLIAM G. NOE, JR. ATTORNEY AND COUNSELOR AT LAW 599 ATLANTIC BOULEVARD SUITE G ATLANTIC BEACH, FLORIDA 32233 TELEPHONE 904/249-7241 EMAIL bill.relaw©comcast.net FACSIMILE 9041247-1582 February 1, 2007 City Clerk 800 Seminole Road Atlantic Beach, Florida 32233 Dear Sirs: I am enclosing herewith my Trust Account check is the amount of$10,552.95 as payment of the Claim of Lien against the following property: 457 Sailfish Drive Owner - BENJAMIN BROWN, JR. RE# 171374-0000 Please send the Satisfaction of Lien directly to the undersigned. Thank you for your assistance in this matter. 1. Very truly yours, Wi liatn G. Noe, Jr. WGNjr/dr C ;t, 12. 2007 2: 30PM n0e—foody No. 5919 P. 1 WILLIAM G. NOE, JR. ATTORNEY AND COUNSELOR AT LAW 599 ATLANTIC BOULEVARD SUITE 6 ATLANTIC BEACH, FLORIDA 32233 FACSIMILE 904/247-1582 TELEPHONE 904/249-7241 October 12, 2007 Office of the City Clerk Attn: Debbie 800 Seminole Road Atlantic Beach, Florida 32233 Re: Benjamin Brown: Message: Copy of my letter of February 1, 2007 IF YOU DO NOT RECEIVE ALL PACES, OR HAVE ANY PROBLEMS WITH RECEIVING THIS TRANSMITTAL, PLEASE CALL 904-249-7241. THANK_ YOU! TOTAL NUMBER OF PAGES BEING TRANSMITTED, INCLUDING COVER: 2 The information contained in this facsimile is intended only for the personal and confidential use of the person to whom it is addressed, and my be a privileged attorney-client communication. If the reader of this message is not the intended recipient (or such recipient's authorized agent or employer), you are hereby notified that you have received this message in error. Any review, distribution or copying of this message without the written consent of the sender is strictly prohibited. If you have received this facsimile in error, please notify sender by telephone and return it to us at the above address by mail. We will reimburse you for the required postage. THANK YOU! ON DELIVERY COMPLETE THIS SECTION lete A. Signature � �ggent • Complete items 1,2,and 3.Also comp `�� `' 0 Addressee X item 4 if Restricted Delivery is desired. f Delivery • Print your name and address on the reverse print Name) C. Date o , so that we can return the card to you. B. Received y(ri • Attach this card to the back of the mailpiece, D Is delivery address d'rfferent from it 19 0 Yes or on the front if space permits. 0 No . If YES,enter delivery address bel 1 Article Addressed to: ow: V/ JAY O3. Se ice Type Express Mail A L L Certified Mail 0 0 Registered 0 Return Recelpt for Merchandise yI /t'1 C� 0 Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from sen 7006 215 0 0002 2 9 67 4953 102595-02 M i 540 Domestic Return Receipt PS Form 3811,February 2004 .... ....:.:. .... .... .. C ODE CD RC ME COMPLAINT x :rf COMPLAINT DATE: 410a,7 TIME: COMPLAINTANT: Last First ADDRESS: Street City State PHONE NUMBER Zip COMPLAINT TYPE: /� /!� / C /f �rObE ply LOCATION: T � �Q//7/ r _ Atlantic Beach, FL 32233 Street City - State Zip TELEPHONE #: PROPERTY OWNER:- COMPLIANCE: DEPT./DIVISIONS: 10 - 6 PRIORITY CODE: TAKEN By. INVESTIGATION DATE: 11 / /0 7 TIME. INVESTIGATOR: X ��C—/yer DEPT. /DIVISIONS: 10. ACTION TAKEN: I/ zQ 0 �r fp e&111 E r AE,Igt iz �� Fri COMPLI-ANCE: ��I f eel 4p, /�r LEGAL DESCRIPTION: RE : j yL\J- CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD \J `S� ATLANTIC BEACH,FLORIDA 32233-5445 r J TELEPHONE:(904)247-5800 S) FAX: (904)247-5805 -—'' SUNCOM: 852-5800 www.coahus November 20, 2007 Mr. Benjamin Brown Jr P.O. Box 51513 Jacksonville Beach, FL 32240-1513 Subject: Violations of Atlantic Beach City Code Dear Mr. Brown, City records identify you as the current resident at following property in Atlantic Beach, Florida: Re: 457 Sailfish Dr A/k/a: 31-001 38-2S-29E Royal Palms Unit 2A Lot 1, Block 27 O/R BK 7095-811 RE# 171374-0000 Consider this letter as an Official Notification of Violation. That on November 19, 2007, in response to a complaint, the Atlantic Beach City Code Enforcement Officer identified the aforementioned property of being in violation of the following city codes: 1. Chapter 12, Sec 12-1 (b) (7): Illegal Utilization of Property For Open Storage. 2. Chapter 12, Sec 12-1 (b) (6): Structurally Unsound Fencing In an effort to eliminate any undo hardship I am granting you until December 7, 2007 to correct the aforementioned items. You can comply by either properly disposing of or properly storing all junk/rubbish located at your residence and by properly securing all sections of the privacy fence. Additionally, you are reminded of your responsibility as a resident of Atlantic Beach and that failure to comply will constitute a violation of City Code, and that as a repeat offender, you can incur fines of up to $500.00 per day, per violation. Furthermore should you fail to comply, the property owner will be held equally responsible and can be fined up to $250.00 per day. Should you have any questions or concerns involving this matter, you can contact me at(904) 247- 5855. ALEXANDER J. HERRER Code Enforcement Officer c: Public Safety Director 1i t r { fir. i al ILIA � i � �qe _ .. r ' � .. A�. R ,�.�'.� . , f. J '� �• { �� ti� �'� �� t �'� t �� 5• R ,R �� \ • {I 1 i f . .., � , � . r� `��„' �� .,., ,t ,�., �^ �� r ■ifi � _� a:. �' '' y '.�- �.. ., �. .� a• a r� s ,� ,� :rt Lti. ��- , r _,> �� .. .'`� s.. �,..r � �. IV I t l i 'IL , L I,TL � 'tea J r .ri !F • � 1. ./ --. I �P 07" AO ArL At Al Alft ` \ �� ' �.\ � t' fit. �;A'� r � i�, S t ;''• Sherrer, Alex From: Alan Jensen [alan @ajensenlaw.com] Sent: Friday, December 14, 2007 10:11 AM To: Sherrer, Alex Subject: RE: Benjamin Brown Case Alex: I think procedurally it may be better to go back to the CEB and report that there were repeat violations before 12/31/07 and that therefore the condition required for a reduction of the fine has not been met. You should present the violations to the 'Board and have them vote that in fact the Order Reducing Fine was violated and then have them enter a new order that vacates and sets aside the Order Reducing Fine and reinstates the full amount of the fine. I'll be glad to help prepare an order for you if necessary. When is the next meeting of the CEB? Alan From: Sherrer, Alex [mailto:asherrer @ coab.us] Sent: Tuesday, December 11, 2007 7:59 AM To: Alan Jensen Subject: Benjamin Brown Case Alan, Did you get a chance to look over the order reducing the fine. I'm not sure what the Code Enforcement Board needs to do at this point. The order was pretty plain that if he violated the order he forfeited the reduction of his fine. Other then a notification letter to Mr. Brown for violating the order, does the Code Enforcement Board need to do anything. If it only requires a notification, can I Issue the letter, or should I have a letter drawn up for the Chairman to sign and then issue it. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, FI 32233 Ph (904)247-5855 Fax(904)247-5805 E-mail: asherrer @coab.us 12/21/2007 Owner's Name: CHITTY DAVID &CATHERINE Real Estate Number: 171374 0000 Property Address: 457 SAILFISH DR Mailing Address:P O BOX 187 City: ATLANTIC BEACH MELROSE, FL Zip: 32233 Unit Number: dip' 32666 2006 Exempt Value: $0.00 PARCEL DESCRIPTION Property Use: 0100 SINGLE FAMILY Transaction Date: 2/1/2007 Transaction price displayed is based on the actual amount of Legal Description: 31-1 38-2S-29E ROYAL PALMS Transaction Price: $20,400.00 documentary stamps paid at UNIT 2 A LOT 1 BLK 27 - the time of recording. The current rate is 70 cents per $100. Neighborhood: 3122 ROYAL PALMS UNIT 02A Section/Township/Range: INo. Buildings: 1 Official Record Book and Page: 137971581 71Heated Area: 1506 Map Tile: 9417 Exterior Wall: Vert Sheet Siding VALUES FROM 2006 CERTIFIED TAX ROLL Agriculture Land Value: $0. ITaxing Authority: USD3 Land Value: $81,408.00 Building Value: $92,570.o6 Extra Features Value $213.00 Total Improvement Value $92 783.00 Market Value: $174,191.00 Assessed Value $83,007.00 Exemptions Total $25,000.00 Taxable Value $58,007.00 Senior Exemption $0.00 Senior Taxable $0.00 Doc n 2007042695, OR BK 13797 Page 1581, Number Pages: 1, Filed & Recorded 02/06/2007 at 11:27 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $10.00 DEED DOC ST $142.80 This Warranty Deed Made this 1st day of February A.D. 2007 by BENJAMIN BROWN, JR., a single man 457 Sailfish Drive Atlantic Beach, Florida 32233 hereinafter called the grantor,to DAVID CHITTY and CATHERINE CHITTY, husband and wife whose post office address is: P.O. Box 187 Melrose, Florida 32666 hereinafter called the grantee: (Whenever used herein the term"grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations) Witnesseth, that the grantor,for and in consideration of the sum of$ 10.o0 and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises, releases,conveys and confirms unto the grantee,all that certain land situate in Duval County,Florida,viz: Lot 1, Block 27, ROYAL PALMS, UNIT 2A, according to plat thereof as recorded in Plat Book 31, Pages 1, 1A, 1B, 1C and 1D, of the current public records of Duval County, Florida. SUBJECT TO covenants, restrictions, easements of record and taxes for the current year. Parcel Identification Number: 171374-0000 Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land,that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2006 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivere all n o presence: r any WILLIAn NUt, JK '°° BENJAMIN BROWN, JR. - >N- Add- n State of Florida County of Duval The foregoing instrument was acknowledged before me this 1st day of February 07,by BENJAMIN BROWN, JR. I Who is p__-_nally knotmn to me o,who has ;de'u'uacCa e•.,....--,. no i Gun. Driver's License �r Notary Public Pant Name: My Commission Expires: PREPARED BY: WILLIAM G. NOE, JR. RECORD a RETURN TO: WILLIAM G. NOE, JR. " `"'+s L lllliam G,Noe,Jr. 599 ATLANTIC BOULEVARD, SUITE 6 p 00mmission#OD346732 5/93 ATLANTIC BEACH, FL 32233 }It Expires August 22,2008 File No: 07-457 v MTm,Fain In¢.a Inc WO.VR.,G,g — Sherrer, Alex From: Sherrer, Alex Sent: Friday, January 26, 2007 8:13 AM To: Bailey, Nancy; Gorman, Susan Subject: FW: Ben Brown - Lien Importance: High From: Sherrer,Alex Sent: Friday,January 26, 2007 7:13 AM To: Bussey,Donna Subject: Ben Brown-Lien Importance: High Donna, Mr. Brown will be coming in at 9:00 am today. He wants to know when the existing lien was placed on his property and what he currently owes on the current lien. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us Tracking: Recipient Delivery Read Bailey,Nancy Delivered:1/26/2007 8:13 AM Read:1/2612007 8:43 AM Gorman,Susan Delivered:1/2612007 8:13 AM Read: 1/26/2007 8:23 AM 1 Sherrer, Alex From: Sherrer, Alex Sent: Friday, January 26, 2007 7:13 AM To: Bussey, Donna Subject: Ben Brown - Lien Importance: High Donna, Mr. Brown will be coming in at 9:00 am today. He wants to know when the existing lien was placed on his property and what he currently owes on the current lien. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us Tracking: Recipient Read Bussey,Donna Read:1/29/2007 8:25 AM 1 Sherrer, Alex From: Sherrer, Alex Sent: Monday, February 05, 2007 4:06 PM To: Sherrer, Alex Subject: FW: Code Enforcement Fine -Mr. Benjamin Brown From: Sherrer,Alex Sent: Monday, November 27, 2006 8:36 AM To: Ramsay, Debra; Bussey, Donna; Gorman,Susan;Thompson,David; Hanson,Jim Subject: Code Enforcement Fine-Mr. Benjamin Brown Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) is finally in compliance with the previous Code Enforcement Board findings. He will have accumulated the following fines for the Month of November to be added to the amounts already owed. Case# 165-05 additional fine amount$2,800.00 City Clerk's Office will need to ensure the existing lien on Mr. Brown's property at 457 Sailfish Dr. reflects the final total owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax(904) 247-5805 E-mail: asherrer @coab.us 1 Sherrer, Alex From: Sherrer, Alex Sent: Friday, January 26, 2007 6:19 AM To: Bussey, Donna Subject: FW: Benjamin Brown Donna, Forwarding for action. Alex From: Hanson,Jim Sent: Thursday,January 25, 2007 6:17 PM To: Sherrer,Alex Subject: RE: Benjamin Brown Alex-, In that case, let's get a lien posted for the full amount ASAP. Jim From: Sherrer,Alex Sent: Thursday,January 25, 2007 5:24 PM To: Hanson,Jim; Bussey, Donna;Thompson, David Subject: Benjamin Brown Importance: High Mr. Brown just left, he's in the process of securing a loan from a family friend to pay his taxes. The friend is seeking to secure and hold a clear title to Mr. Brown's property in return for the loan. Of the total amount in fines owed (approx$159, 689.00), only$8,049.62 is posted as a lien on his property. As Mr. Brown owns his property outright, I can see we may have a problem with this situation. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, FI 32233 Ph (904)247-5855 Fax(904) 247-5805 E-mail: asherrer @coab.us Tracking: Recipient Delivery Read Bussey,Donna Delivered: 1/26/2007 6:19 AM Read: 1/29/2007 8:23 AM 1 'MR430I01 City of Atlantic Beach 10/23/07 Miscellaneous Receivables Inquiry 08: 22: 36 Customer ID . . . : 115 Name: Brown, Benjamin Last statement : 10/01/07 Addr: P. O. Box 51513 Last invoice : 11/28/06 JAX BEACH, FL 32240-1513 Current balance : 159, 988. 78 Pending . . . . . : . 00 Status: A ACTIVE Previous balance : 159, 988. 78 Type: Code Enforcement Deposit balance : . 00 Type options, press Enter. Open Activity 1=Select Opt Code Description Current Overdue Total due CE001 Code Enforcement Fines . 00 159988. 78 159988. 78 Bottom F3=Exit F7=Pending activity FB=Charge hsty F9=Payment hsty F10=Combined detail F11=Invoice inquiry F12=Cancel F13=Auto charges F14=Deposit detail F20=Print Activity Listing F21=Other tasks Book 11574 Page 1411 Prepared by: City Clerk's Office 800 Seminole Road Atlantic Beach, FL 32233oQk.2i 10010773 Pages: 1411 S — 1412 Record and Return to: filed & Recorded Maureen King JIM FULLER004 08:43:02 AM City Clerk CLERK CIRCUIT COURT DUVAL COUNTY 800 Seminole Road RECORDING $ 9.00 Atlantic Beach, FL 32233 TRUST FUND $ 1.54 CLAIM OF LIEN The City of Atlantic Beach, having given proper notice to the property owner, Benjamin Brown,Jr.,pertaining to property described as, 457 Sailfish Drive A/K/A Royal Palms Unit 2 A Lot 1 Block 27 for violation of Chapter 12, See.12-1 (b)(7), Chapter 12, Sec. 12-1 (b)(3), and Chapter 24, Sec.24-104 of the Code of Ordinances of the City of Atlantic Beach Florida, and ` finding that Benjamin Brown,Jr., owner of the property,has failed to make the required payments towards this obligation, it is the decision of the City of Atlantic Beach that a Claim of Lien be filed against Benjamin Brown,Jr.. Said Claim of Lien shall be recorded in the public records of the office of the Clerk of the Circuit Court in and for Duval County, Florida, and shall be payable with interest at the rate of 10%per annum until paid. This Claim of Lien is to secure payment for the fines and administrative fees in the following amounts: Fine for non-compliance: $ 7,500.00 Administrative fees: $ 549.62 TOTAL DUE: $ 8, 049.62 Book 11574 Page 1412 Executed this day of , 2004- CITY OF ATLANTIC EACH Witness Ey; a +1d 1 ames ansori ; .Manager STATE OF FLORIDA _ U " �3{` COUNTY OF DUVAL Sworn to and subscribed tome this S day o , 2004 by"'..' .. i �/��►7i�5 1 /�it/�S�/t/ who is personal known me or produced"";, ....W --- as identification, and who did/did not take an oath. a Notary Public, State of to d at large .� W CQMMlSSIQN s DD09M g EXPIRES,Mash 31,zoos My Commission expires: 3 31 /a ool� 1 er„ta B9WW nw Noary P16k Uixkrwr3�rs "T • BENJAMIN BROWN 8740 HIGHWAY 59 LAVONIA, GA 30553 (706)356-7375 UT260I01 City of Atlantic Beach 10/23/07 Customer Miscellaneous Information Inquiry 11 :24:34 Customer ID : 3117 Name . . . BROWN JR, BENJAMIN Position to . . . Starting character (s) Type options, press Enter. 5=Display Location Opt Description Primary Information Misc Date ID - Old Acct# AB11104 9/10/93 Cust Svc BROWN TRANSF. FROM 120016 EFF. 5/91 9/10/93 - Cust Svc FINAL BILL RETURNED INDICATING RETURN TO 10/16/98 _ Cust Svc SENDER FORWARDING ORDER EXPIRED 10/16/98 Dr Lie # ****************0 FL 0/00/00 _ DOB 6-18-46 0/00/00 - SSNhusband 260-76-8872 0/00/00 - Rent/Own OWN 0/00/00 F3=Exit F10=View by Add date F11=Display Predefined Codes F12=Cancel F15=Display Special Notes UT200I01 City of Atlantic Beach 10/23/07 Customer Master File Inquiry 11 :24: 19 Customer ID . . . . . . . . . . . . : 3117 Name . . . . . . . . . . . . : BROWN JR, BENJAMIN Mailing address . . . . . . . . . : P. O. BOX 51513 Zip code . . . . . . . . . . . . : 32240 JAX BEACH FL Delivery point . . . . . . . . . : Phone . . . . . . . . . . . . . . : 904 - 7206424 Drivers license number . . . . . ********* ******0 FL Social security number . . . . . . *****8872 Attention/doing business as . . . . Old Account Number . . . . . . . : AB11104 Customer name type . . . . . . . • P PERSON Group number . . . . . . . . . . . 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He will have accumulated the following fines for the Month of November to be added to the amounts already owed. Case# 165-05 additional fine amount$2,800.00 City Clerk's Office will need to ensure the existing lien on Mr. Brown's property at 457 Sailfish Dr. reflects the final total owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904)247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us 1 Sherrer, Alex From: Sherrer, Alex Sent: Friday, January 26, 2007 6:19 AM To: Bussey, Donna Subject: FW: Benjamin Brown Donna, Forwarding for action. Alex From: Hanson,Jim Sent: Thursday,January 25, 2007 6:17 PM To: Sherrer,Alex Subject: RE: Benjamin Brown Alex; In that case, let's get a lien posted for the full amount ASAP. Jim From: Sherrer,Alex Sent: Thursday,January 25,2007 5:24 PM To: Hanson,Jim; Bussey, Donna;Thompson, David Subject: Benjamin Brown Importance: High Mr. Brown just left, he's in the process of securing a loan from a family friend to pay his taxes. The friend is seeking to secure and hold a clear title to Mr. Brown's property in return for the loan. Of the total amount in fines owed (approx$159, 689.00), only$8,049.62 is posted as a lien on his property. As Mr. Brown owns his property outright, I can see we may have a problem with this situation. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax(904) 247-5805 E-mail: asherrer @coab.us Tracking: Recipient Delivery Read Bussey, Donna Delivered: 1/26/2007 6:19 AM Read: 1/29/2007 8:23 AM 1 MR430I01 City of Atlantic Beach 10/23/07 Miscellaneous Receivables Inquiry 08:22:36 Customer ID . . . : 115 Name: Brown, Benjamin Last statement 10/01/07 Addr: P. O. Box 51513 Last invoice 11/28/06 JAX BEACH, FL 32240-1513 Current balance 159, 988. 78 Pending . . . . . : . 00 Status : A ACTIVE Previous balance 159, 988. 78 Type: Code Enforcement Deposit balance . 00 Type options, press Enter. Open Activity 1=Select Opt Code Description Current Overdue Total due CE001 Code Enforcement Fines . 00 159988. 78 159988. 78 Bottom F3=Exit F7=Pending activity FB=Charge hsty F9=Payment hsty F10=Combined detail F11=Invoice inquiry F12=Cancel F13=Auto charges F14=Deposit detail F20=Print Activity Listing F21=Other tasks Book 11574 Page 1411 Prepared by: City Clerk's Office 800 Seminole Road Atlantic Beach, FL 32233 01.20 5 4b4p10773 Pages: 1411 — 1412 Record and Return to: Filed & Recorded Maureen King 01/12/2004 08:43:02 AN JIM FULLER City Clerk CLERK CIRCUIT COURT 800 Seminole Road DUVAL COUNTY RECORDING $ 9.00 Atlantic Beach, FL 32233 TRUST FUND $ 1.50 CLAIM OF LIEN The City of Atlantic Beach, having given proper notice to the property owner, Benjamin Brown,Jr.,pertaining to property described as, 457 Sailfish Drive A/KIA Royal Palms Unit 2 A Lot 1 Block 27 for violation of Chapter 12, Sec.12-1 (b)(7), Chapter 12, Sec. 12-1 (b)(3), and Chapter 24, Sec.24-104 of the Code of Ordinances of the City of Atlantic Beach Florida, and finding that Benjamin Brown,Jr., owner of the property,has failed to make the required payments towards this obligation, it is the decision of the City of Atlantic Beach that a Claim of Lien be filed against Benjamin Brown, Jr.. Said Claim of Lien shall be recorded in the public records of the office of the Clerk of the Circuit Court in and for Duval County, Florida, and shall be payable with interest at the rate of 10%per annum until paid. This Claim of Lien is to secure payment for the fines and administrative fees in the following amounts: Fine for non-compliance: $ 7,500.00 Administrative fees: $ 549.62 TOTAL DUE: $ 8, 049.62 Executed this �5`"'day of , 2004. Esaok 11574 Page 1412 CITY OF ATLANTIC EACH Witness By, ames anon,y i Manager STATE OF FLORIDA COUN'T'Y OF DUVAL - �- •��" " ��r;� ? Sworn to , Y o d subscribed to me this S day 2004 who is personal known me, or produce'' --- as identification, and who did/did not take an oath. �r D'Nota Public, State of to 'd at large w K WY GOMMSSION a DD 095M wg d-- EXPIRES:march 31,2m My Commission expires: ,;Bf Y ap°• eQwe nhrt Hary S3�3,/a Doi Sherrer, Alex From: Ramsay, Debra Sent: Tuesday, November 28, 2006 8:34 AM To: Sherrer, Alex Subject: RE: Code Enforcement Fine- Mr. Benjamin Brown Alex, Entered & mailed 11/28/06. Debbie From: Sherrer,Alex Sent: Monday, November 27,2006 8:36 AM To: Ramsay, Debra; Bussey, Donna;Gorman,Susan;Thompson, David; Hanson,Jim Subject: Code Enforcement Fine-Mr. Benjamin Brown Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) is finally in compliance with the previous Code Enforcement Board findings. He will have accumulated the following fines for the Month of November to be added to the amounts already owed. Case# 165-05 additional fine amount$2,800.00 City Clerk's Office will need to ensure the existing lien on Mr. Brown's property at 457 Sailfish Dr. reflects the final total owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904)247-5805 E-mail: asherrer @coab.us i Sherrer, Alex From: Ramsay, Debra Sent: Friday, June 30, 2006 10:31 AM To: Sherrer, Alex Cc: Bussey, Donna; Benjamin, Jeri Subject: RE: Code Enforcement Fine-Ben Brown Alex, Attached is a print screen of what Mr. Brown owes as of your latest e-mail. The City Clerk's office can do account inquiry for Mr. Brown alphabetically or numerically (customer# 115-558) to see what their current balance is in the future If anyone needs assistance in how to do this I will be happy to show them. Debbie Customer ID . . . : 115 Name: Brown, Benjamin Last statement . : 6/01/06 Addr: P.O. Box 51513 Last invoice . . : 6/30/06 JAX BEACH, FL 32240-1513 Current balance . : 132,588.78 Pending . . . . . : .00 A ACTIVE Code Enforcement Previous balance 126,588.78 Deposit balance . : .00 Type options, press Enter. Open Activity 1=Select Opt Code Description Current Overdue Total due CE001 Code Enforcement Fines 6000.00 126588.78 132588.78 From: Sherrer,Alex Sent: Friday,June 30, 2006 8:04 AM To: Ramsay,Debra Cc: Bussey,Donna Subject: Code Enforcement Fine-Ben Brown Debbie, Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and is making no attempt to correct. He will have accumulated the following fines for the Month of June to be added to the amounts already owed. Case# 165-05 additional fine amount$6,000.00 Also, please forward total amount owed to the City Clerks Office, so we can ensure the existing recorded liens on Mr. Brown's property are current with what he owes Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, FI 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us 1 CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA Petitioner, VS. CASE NO.: #165-05 BENJAMIN BROWN,JR., Respondent ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on April 12,2005,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 Benjamin Brown Jr.is the owner of record of the property located at 457 Sailfish Drive, Atlantic Beach,Florida,RE# 171374-0000. 2. That notice was served on March 28,2005 and that he was present 3. That previous notifications of the violation of Chapter 12, Sec 12-1 (b)(7)OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS;Chapter 24,Sec 24-104 CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT,were made and served on the Property Owner as evidenced in this hearing. CONCLUSIONS OF LAW That Benjamin Brown,Jr.is guilty of violating Chapter 12,Sec 12-1 (b)(7)OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS; Chapter 24,Sec 24-104 CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT and has failed to correct such violation as of this hearing. 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 be found guilty for non-compliance, and as a repeat violator be fined the full$589.16 in administrative costs plus$500.00 for each violation. THAT the Respondent be granted until May 4,to bring his property into full compliance and that a fine of$200.00 a day be imposed for every day after that until compliance is met, and failure to comply will result in a lien on the Respondent's property at 457 Sailfish Drive. THAT the Respondent is unlicensed and cannot be licensed to conduct a salvage business in a residential district and be forbidden from storing/separating any scrap metal,junk cars,or any other salvage materials onto the property at 457 Sailfish Drive,nor permitted to bring, store or park a loaded trailer at the aforementioned property. THAT the Respondent be given 3 months to pay all fines and fees assessed and failing to make payment a lien be placed against the property of 457 Sailfish Drive. All lien amounts are to be made payable with interest at a rate of ten(10)percent per annum from the date of certification until paid. Total of fines and administrati.ve costs to be paid are$1,589.16. Failure to comply with this Order within the specified time will result in the recordation of this Order,which constitutes a lien upon any real or personal property owned by the violators. If such lien is filed,you will be assessed all costs incurred in recording and satisfying this lien. The Code Enforcement Board is authorized to collect, or settle said lien using any legal or equitable remedies available,after three(3)months from the filing of any lien, which remains unpaid. This Order becomes self-executing upon an Affidavit of Non-Compliance being filed with the City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 13ffi day of April,2005. t CITY OF ATLANTIC BEACH,FLORIDA CODE ENF CEMENT BOARD By Curtis M. Sanders,Jr.,Chairman QAttest: }� Susan Gorman, Secretary ATTENTION: It is your responsibility to notify Alex Sherrer,Code Enforcement Officer, at 247-5855 and satisfactorily demonstrate that the violation has been corrected. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA Petitioner, vs. CASE NO.: #165-05 BENJAMIN BROWN,JR., Respondent ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on April 12,2005,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 Benjamin Brown Jr.is the owner of record of the property located at 457 Sailfish Drive, Atlantic Beach,Florida,RE# 171374-0000. 2. That notice was served on March 28, 2005 and that he was present 3. That previous notifications of the violation of Chapter 12,Sec 12-1 (b)(7)OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS; Chapter 24, Sec 24-104 CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT,were made and served on the Property Owner as evidenced in this hearing. CONCLUSIONS OF LAW That Benjamin Brown,Jr. is guilty of violating Chapter 12, Sec 12-1 (b)(7)OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS; Chapter 24, Sec 24-104 CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT and has failed to correct such violation as of this hearing. 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 be found guilty for non-compliance, and as a repeat violator be fined the full$589.16 in administrative costs plus$500.00 for each violation. THAT the Respondent be granted until May 4, to bring his property into full compliance and that a fine of$200.00 a day be imposed for every day after that until compliance is met, and failure to comply will result in a lien on the Respondent's property at 457 Sailfish Drive. THAT the Respondent is unlicensed and cannot be licensed to conduct a salvage business in a residential district and be forbidden from storing/separating any scrap metal,junk cars, or any other salvage materials onto the property at 457 Sailfish Drive,nor permitted to bring, store or park a loaded trailer at the aforementioned property. THAT the Respondent be given 3 months to pay all fines and fees assessed and failing to make payment a lien be placed against the property of 457 Sailfish Drive. All lien amounts are to be made payable with interest at a rate of ten(10)percent per annum from the date of certification until paid. Total of fines and administrative costs to be paid are$1,589.16. Failure to comply with this Order within the specified time will result in the recordation of this Order, which constitutes a lien upon any real or personal property owned by the violators. If such lien is filed,you will be assessed all costs incurred in recording and satisfying this lien. The Code Enforcement Board is authorized to collect, or settle said lien using any legal or equitable remedies available,after three(3)months from the filing of any lien, which remains unpaid. This Order becomes self-executing upon an Affidavit of Non-Compliance being filed with the City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 13`h day of April,2005. CITY OF ATLANTIC BEACH,FLORIDA CODE ENF CEMENT BOARD By Curtis M. Sanders,Jr.,Chairman Attest: }}�� Susan Gorman, Secretary ATTENTION: It is vour responsibility to notify Alex Sherrer, Code Enforcement Officer, at 247-5855 and satisfactorily demonstrate that the violation has been corrected. Owner's Name: CHIITY DAVID &CATHERINE ERealstate Number: 171374 0000 Property Address: 457 SAILFISH DR Mailing Address:P O BOX 187 City: ATLANTIC BEACH MELROSE, FL Zip: 32233 Zip: Unit Number: 32666 2006 Exempt Value: $0.00 PARCEL DESCRIPTION Property Use: 0100 SINGLE FAMILY =iTransaction Date: 2/1/2007 Transaction price displayed is based on the actual amount of Legal Description: 31-1 38-2S-29E ROYAL PALMS documentary stamps paid at UNIT 2 A LOT 1 BLK 27 - Transaction Price: $20,400.00 the time of recording. The current rate is 70 cents per $100. Neighborhood: 3122 ROYAL PALMS UNIT 02A Section/Township/Range: No. Buildings: 1 Official Record Book and Page: 137971581 Heated Area: 1506 Map Tile: 9417 Exterior Wall: Vert Sheet Siding VALUES FROM 2006 CERTIFIED TAX ROLL Agriculture Land Value: $0.00 Taxing Authority: USD3 1-and Value: $81,408.00 Building Value: $92,570.00 Extra Features Value $213.00 Total Improvement Value $92,783.00 Market Value: $174,191.00 Assessed Value $83,007.00 Exemptions Total $25,000.00 Taxable Value $58,007.00 Senior Exemption $0.00 Senior Taxable $0.00 Doc # 2007042695, OR BK 13797 Page 1581, Number Pages: 1, Filed & Recorded 02/06/2007 at 11:27 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $10.00 DEED DOC ST $142.80 This Warranty Deed Made this 1st day of February A.D. 2007 by BENJAMIN BROWN, JR., a single man 457 Sailfish Drive Atlantic Beach, Florida 32233 hereinafter called the grantor,to DAVID CHITTY and CATHERINE CHITTY, husband and wife whose post office address is: P.O. Box 187 Melrose, Florida 32666 hereinafter called the grantee: (whenever used herein the term°grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations) Witnesseth, that the grantor,for and in consideration of the sum of$ 10.00 and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises, releases,conveys and confirms unto the grantee,all that certain land situate in Duval County,Florida,viz: Lot 1, Block 27, ROYAL PALMS, UNIT 2A, according to plat thereof as recorded in Plat Book 31, Pages 1, 1A, 1B, 1C and 1D, of the current public records of Duval County, Florida. SUBJECT TO covenants, restrictions, easemexts of record and taxes for the current year. Parcel Identification Number: 171374-0000 Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining, To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said Iand that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2006 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivere n o presence. r '— , 'm` ENJAMIN BROWN, JR. �>�&-gee+ TZELL �! N--&Add— n n State of Florida County of Duval The foregoing instrument was acknowledged before me this is t day of February 07,by BENJAMIN BROWN, JR. who is personally knot.m to me or as Driver's License �i A)� Notary Public Print Name: My Commission Expires: PREPARED BY: WILLIAM G. NOE, JR. RECORD & RETURN TO: , Vlldllarn G.Noe,Jr. WILLIAM G. NOE, JR. t ;*i':: wo-t 599 ATLANTIC BOULEVARD, SUITE 6 Commission#DU346732 ires Au ust 22,2008 5/93 1 •i' rxp 9 ATLANTIC BEACH, FL 32233 "•r t—"rmr F..i--�aoo-xu vmb File No: 07-457 - CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA Petitioner, VS. CASE NO.: #165-05 BENJAMIN BROWN,JR., Respondent ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on April 12,2005,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 Benjamin Brown Jr.is the owner of record of the property located at 457 Sailfish Drive, Atlantic Beach,Florida,RE# 171374-0000. 2. That notice was served on March 28,2005 and that he was present 3. That previous notifications of the violation of Chapter 12,Sec 12-1 (b)(7)OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS;Chapter 24,Sec 24-104 CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT,were made and served on the Property Owner as evidenced in this hearing. CONCLUSIONS OF LAW That Benjamin Brown,Jr.is guilty of violating Chapter 12,Sec 12-1 (b)(7)OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS; Chapter 24,Sec 24-104 CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT and has failed to correct such violation as of this hearing. 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 be found guilty for non-compliance, and as a repeat violator be fined the full$589.16 in administrative costs plus$500.00 for each violation. THAT the Respondent be granted until May 4,to bring his property into full compliance and that a fine of$200.00 a day be imposed for every day after that until compliance is met, and failure to comply will result in a lien on the Respondent's property at 457 Sailfish Drive. THAT the Respondent is unlicensed and cannot be licensed to conduct a salvage business in a residential district and be forbidden from storing/separating any scrap metal,junk cars, or any other salvage materials onto the property at 457 Sailfish Drive,nor permitted to bring, store or park a loaded trailer at the aforementioned property. THAT the Respondent be given 3 months to pay all fines and fees assessed and failing to make payment a lien be placed against the property of 457 Sailfish Drive. All lien amounts are to be made payable with interest at a rate of ten(10)percent per annum from the date of certification until paid. Total of fines and administrative costs to be paid are$1,589.16. Failure to comply with this Order within the specified time will result in the recordation of this Order, which constitutes a lien upon any real or personal property owned by the violators. If such lien is filed, you will be assessed all costs incurred in recording and satisfying this lien. The Code Enforcement Board is authorized to collect, or settle said lien using any legal or equitable remedies available, after three(3)months from the filing of any lien, which remains unpaid. This Order becomes self-executing upon an Affidavit of Non-Compliance being filed with the City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 13`s day of April,2005. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFQRCEMENT BOARD By Curtis M. Sanders,Jr.,Chairman Attest:Q }� �r� m�tfm arm Susan Gorman, Secretary ATTENTION: It is your responsibility to notify Alex Sherrer,Code Enforcement Officer, at 247-5855 and satisfactorily demonstrate that the violation has been corrected. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA Petitioner, VS. CASE NO.: #165-05 BENJAMIN BROWN,JR., Respondent ORDER REDUCING FINE THIS CAUSE originally came on for hearing before the Code Enforcement Board on April 12, 2005,and the Board having heard testimony under oath,received evidence, and heard arguments respective to all appropriate matters,and an order imposing fines for Non-Compliance was issued April 13,2005. The Respondent appeared before the Board subsequently on January 9,2007, and appealed to the Board to reconsider the fines related to Case No: #165-05 It is hereby ORDERED: THAT the accrued fine amount of$113,189.00,previously imposed for failure to comply with the Board's Order dated April 13,2005 will be reduced by seventy percent provided the Respondent remains in compliance and violation free through December 31,2007. Furthermore,any repeat violations of City Code on or before December 31,2007,will negate this order to reduce the original fine amount, and the full amount of the original$113,189.00 in accrued fines will remain in force. In the event of any such repeat violation,no additional requests for relief will be considered. This Order becomes self-executing upon being filed with the Atlantic Beach City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 16`h day of January.2007. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFO,RC ME BOA By: , Carl Russell,Chairman Attest: } '� Susan Gorman, Secretary I, Mr. Beniamin Brown Jr., have received and understand the following Code Enforcement Board Order and City Codes as they relate to my residence at 457 Sailfish Dr, Atlantic Beach, FL. City Code, Chapter 12: Sec (b) (2) No rubbish permitted on the property. Sec (b) (6) No structurally unsound fencing permitted. Sec (b) (7) No outside storage of business related materials, inoperable vehicles, refrigerators, other appliances, or similar items. Sec (b) (11) No grass or weeds over 12 inches in height. City Code, Chapter 24: Sec 24-163 (a) (3) No construction equipment or trailers with construction equipment can be stored on the property. / Sec 24-163 (b) (1) No more then 2 trailers permitted on the property. Sec 24-163 (b) (2) All trailers must be stored 15 feet behind the front property line. Sec 24-163 (c) Junk, inoperable, unregistered vehicles are not permitted. Vehicle / repairs are limited to simple maintenance, such as oil and tire changes, brake repair, or v similar such work that do not to exceed 8 hours to perform. Sec 24-163 (d) No materials, supplies, appliances or equipment used in any commercial business can be stored outdoors. Code Enforcement Board Order, Case # 165-05 Forbids you from sorting/storing scrap metal, junk cars or any other salvage materials at your residence, and forbids you from parking or storing a loaded trailer at your residence. ABenjImi!n Brown Jr. Date Witness Owner's Name: CHITTY DAVID &CATHERINE Real Estate Number: 171374 0000 Property Address: 457 SAILFISH DR Mailing Address:P O BOX 187 City: ATLANTIC BEACH MELROSE, FL Zip: 32233 Unit Number: ��p' 32666 2006 Exempt Value: $0.00 PARCEL DESCRIPTION Property Use: 0100 SINGLE FAMILY Transaction Date: 2/1/2007 Transaction price displayed is based on the actual amount of Legal Description: 31-1 38-2S-29E ROYAL PALMS Transaction Price: $20,400.00 documentary stamps paid at UNIT 2 A LOT 1 BLK 27 - the time of recording. The current rate is 70 cents per $100. Neighborhood: 3122 ROYAL PALMS UNIT 02A IF Section/Township/Range: JINo. Buildings: 1 Official Record Book and Page: 137971581 7FHeated Area: 1506 Map Tile: 9417 JEExterior Wall: Vert Sheet Siding VALUES FROM 2006 CERTIFIED TAX ROLL Agriculture Land Value: $0.00 ITaxing Authority: USD3 Land Value: $81,408.00 Building Value: $92,570.00 Extra Features Value $213.00 Total Improvement Value $92,783.00 Market Value: $174,191.00 Assessed Value $83,007.00 Exemptions Total $25,000.00 Taxable Value $58,007.00 Senior Exemption $0.00 Senior Taxable $0.00 Doc # 2007042695, OR BK 13797 Page 1581, Number Pages: 1, Filed 6 Recorded 02/06/2007 at 11:27 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $10.00 DEED DOC ST $142.80 i This Warranty Deed Made this 1st day of February A.D. 2007 by BENJAMIN BROWN, JR., a single man 457 Sailfish Drive Atlantic Beach, Florida 32233 hereinafter called the grantor,to DAVID CHITTY and CATHERINE CHITTY, husband and wife whose post office address is: P.O. Box 187 Melrose, Florida 32666 hereinafter called the grantee: (Whenever used herein the term"grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations) Witnesseth, that the grantor,for and inconsideration of the stun of$ 10.00 and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises, releases,conveys and confirms unto the grantee,all that certain land situate in Duval County,Florida,viz: Lot 1, Block 27, ROYAL PALMS, UNIT 2A, according to plat thereof as recorded in Plat Book 31, Pages 1, 1A, IB, 1C and ID, of the current public records of Duval County, Florida. SUBJECT TO covenants, restrictions, easements of record and taxes for the current year. Parcel Identification Number: 171374-0000 Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2006 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and defivere n o presence: .�J "m` BENJAMIN BROWN, JR. —, . a— n n State of Florida County of Duval The foregoing instrument was acknowledged before me this 1st day of February 07,by BENJAMIN BROWN, JR. whn is nrrcnn ally�n n,,yn rp T?., p.h�h netv�P.t °a,;,u'.iiCatiOrr Driver's License �i Notary Public Print Name: My Commission Expires: PREPARED BY: WILLIAM G. NOE, JR. ---�---- RECORD & RETURN T0: I 1. talliiam G.Moe,Jr. WILLIAM G. NOE, JR. ln.<l WD-1 599 ATLANTIC BOULEVARD, SUITE 6 y,t ommission#DD346732 5/93 �� J.., Expires ATLANTIC BEACH, FL 32233 xP gust 22,2008 omtlM Tmr Fain ft a30.3&4i0,6 File No: 07-457 i Duval County 2005 REQUESTED BY: Z ZIPPERER RUN 10/10/2005 06:38 AM 171374 31-001 38-2S-29E BROWN, BENJAMIN JR 556A4-9417- PAGE 1 OF ROYAL PALMS UNIT 2 A 457 SAILFISH DR 457 SAILFISH DR LOT 1 BLOCK 27 P 0 BOX 51513 ATLANTIC BEACH 32233 0/R BK 7095-881 JACKSONVILLE BEACH, FL 32240- LAND VALUE 81, STYLE 01 BLDG NO. 001 +-----------------45-------------------+---13-----+ MISC VALUE Bldg Use : 0101 SFR 1 STORY SOH I I UST(91) 7 BLDG VALUE 81, Ex-Wall 1: 0650 BD & BATTEN 50% I 7 I CAMA VALUE 163, Ex-Wall 2: 2050 FACE BRICK 50% I +---13-----+ VALUE BY CAMA Mass A Roof Str 03 GABLE OR HIP I I I ASSESS VAL 80, Roof Cvr 03 ASPH/COMP SHNGL I I I EXEMPT VAL 25, In-Wall 1: 0500 DRYWALL 28 BAS(1220) 26 I TAXABLE 55, In-Wall 2: 0000 N/A interior wall 2 I I I SR EX VAL Flr Cvr 1: 0600 VINYL ASBESTOS I I ADT(286)22 SR TAXABLE N/A Flr Cvr 2: 0000 N/A I I I APPRAISER PTC20050 Heat Fuel: 03 GAS I I I DATA SWW20030 Heat Type: 04 FORCED AIR DUCT I I I PROP USE 0 Air Cond : 01 NONE ---------25----------+FOP(16)20--------+ I Tax Dist U Bathrooms: 002.0 2.0 BATHS +---13-----+ NBHD 943807 Bedrooms 03 03 BEDROOMS L100 M100 B150 MF 1 Stories 001.0 EXEMPTIONS Quality 03 AVERAGE 0604 MISC HOMESTE Hrs.Spent: 00 Minutes : 10 Rms/Units: 0000 BAS(U28R45UST(R13D07ADT(D22L13U22R13)L13U07)D26L20FOP( Act Mo/Dy: 0000 D02R08UO2L08)D02L25) . Act Yr Bt: 1970 EFF AREA 1, Eff Yr Bt: 1970 SQFT RATE 75 Depr Tabl: 12 POINTS Func Obs%: 00 RCN 112, Econ Obs%: 00 AREA GR AREA PCT AJ AREA RCN RCNLD DEPR 27 ObsrvCond: N/A BAS 1220 100 1220 91598 66409 OBSOL Obsry %: 000 UST 91 45 41 3078 2232 BUILDING 81, ADT 286 80 229 17193 12465 FOP 16 30 5 375 272 BOOK PAGE DATE QS SALE 07095 0881 041990 SI 5 Deed Type: WDSA 06182 0521 081986 NI PROPERTY NOTES Deed Type: MSSA PERMIT NO TYPE DATE AM 6/13/02 TKH: NOH; HOME APPEARS TO BE IN VERY POOR CONDITION.. WOOD ROT, NOTICEABLE WEAR ON REC BLDG CODE DESC LENGTH WIDTH UNITS ADJ PRICE EYB DT PCT ADJUSTMNT VA 1 001 SCPP Screen Porches 8.00 4.00 32.00 21.00 1994 F3 63 .00 MISC TOTAL REC LUSE DESC ZONING FRONTAGE DEPTH UNITS TP ACRES PRICE AJ REASON AJ PRICE VA 1 0101 SFR F ARS-1 106.00 123.00 106.00 F .29 800.00 DP 768.00 81 LAND TOTAL 81 Sherrer, Alex From: Sherrer, Alex Sent: Monday, February 05, 2007 4:06 PM To: Sherrer, Alex Subject: FW: Code Enforcement Fine- Mr. Benjamin Brown From: Sherrer,Alex Sent: Monday, November 27, 2006 8:36 AM To: Ramsay, Debra; Bussey, Donna; Gorman,Susan;Thompson, David; Hanson,Jim Subject: Code Enforcement Fine-Mr. Benjamin Brown I Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) is finally in compliance with the previous Code Enforcement Board findings. He will have accumulated the following fines for the Month of November to be added to the amounts already owed. Case# 165-05 additional fine amount$2,800.00 City Clerk's Office will need to ensure the existing lien on Mr. Brown's property at 457 Sailfish Dr. reflects the final total owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904)247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us i Sherrer, Alex From: Sherrer, Alex Sent: Friday, January 26, 2007 6:19 AM To: Bussey, Donna Subject: FW: Benjamin Brown Donna, Forwarding for action. Alex From: Hanson,Jim Sent: Thursday,January 25, 2007 6:17 PM To: Sherrer,Alex Subject: RE: Benjamin Brown Alex; In that case, let's get a lien posted for the full amount ASAP. Jim From: Sherrer,Alex Sent: Thursday,January 25,2007 5:24 PM To: Hanson,Jim; Bussey, Donna;Thompson, David Subject: Benjamin Brown Importance: High Mr. Brown just left, he's in the process of securing a loan from a family friend to pay his taxes. The friend is seeking to secure and hold a clear title to Mr. Brown's property in return for the loan. Of the total amount in fines owed (approx$159, 689.00), only$8,049.62 is posted as a lien on his property. As Mr. Brown owns his property outright, I can see we may have a problem with this situation. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, F1 32233 Ph (904) 247-5855 Fax(904)247-5805 E-mail: asherrer @coab.us Tracking: Recipient Delivery Read Bussey,Donna Delivered: 1/26/2007 6:19 AM Read: 1/29/2007 8:23 AM 1 5 t�a��'N, � 'v Book 11574 Rage 1411 Prepared by: City Clerk's Office 800 Seminole Road Atlantic Beach, FL 32233 Licj.2ii{ 4�O4p10773 Pages: 1411 7 — 1412 Record and Return to: Filed & Recorded Maureen King 01/12/2004 06:43:02 AM Clerk JIM FULLER City CLERK CIRCUIT COURT 800 Seminole Road DUVAL COUNTY RECORDING f 9.00 Atlantic Beach, FL 32233 TRUST FUND $ 1.50 CLAIM OF LIEN The City of Atlantic Beach, having given proper notice to the property owner, Benjamin Brown,Jr.,pertaining to property described as, 457 Sailfish Drive A/K/A Royal Palms Unit 2 A Lot 1 Block 27 for violation of Chapter 12, Sec.12-1 (b)(7), Chapter 12, Sec. 12-1 (b)(3), and Chapter 24, Sec.24-104 of the Code of Ordinances of the City of Atlantic Beach Florida, and finding that Benjamin Brown,Jr., owner of the property, has failed to make the required payments towards this obligation, it is the decision of the City of Atlantic Beach that a Claim of Lien be fled against Benjamin Brown,Jr.. Said Claim of Lien shall be recorded in the public records of the office of the Clerk of the Circuit Court in and for Duval County, Florida, and shall be payable with interest at the rate of 10%per annum until paid. This Claim of Lien is to secure payment for the fines and administrative fees in the 0 following amounts: Fine for non-compliance: $ 7,500.00 Administrative fees: $ 549.62 TOTAL DUE: $ 8, 049.62 Executed this �day of , 2004. Fsaok 11574 Page 141 CITY OF ATLANTIC EACH Witness By: ames anson, its ivlanager " STATE OF FLORIDA _ L' COUNTY OF DUVAL "'•i;r; Sworn to and subscribed to me this S da o of RS y r:" ff/ rt/S�it! who is personal known t me or produced'"-� , �' as identification, and who did/did not take an oath. Notary Public, K r�r ca� .ssioa s oo�soea rY State of to 'd at large EXPIFES:March 31,zoos My Commission expires: 3, 006-,art �n Raeo urn n i CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA Petitioner, VS. CASE NO.: #165-05 BENJAMIN BROWN,JR., Respondent ORDER REDUCING FINE THIS CAUSE originally came on for hearing before the Code Enforcement Board on April 12, 2005, and the Board having heard testimony under oath,received evidence, and heard arguments respective to all appropriate matters, and an order imposing fines for Non-Compliance was issued April 13,2005. The Respondent appeared before the Board subsequently on January 9,2007, and appealed to the Board to reconsider the fines related to Case No: #165-05 It is hereby ORDERED: THAT the accrued fine amount of$113,189.00,previously imposed for failure to comply with the Board's Order dated April 13,2005 will be reduced by seventy percent provided the Respondent remains in compliance and violation free through December 31,2007. Furthermore, any repeat violations of City Code on or before December 31,2007,will negate this order to reduce the original fine amount, and the full amount of the original$113,189.00 in accrued fines will remain in force. In the event of any such repeat violation,no additional requests for relief will be considered. This Order becomes self-executing upon being filed with the Atlantic Beach City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 16`h day of Januarv,2007. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFO,RC ME BOARD r' By: Carl Russell,Chairman Attest: �_Q, Susan Gorman, Secretary I, Mr. Beniamin Brown Jr., have received and understand the following Code Enforcement Board Order and City Codes as they relate to my residence at 457 Sailfish Dr, Atlantic Beach, FL. City Code, Chapter 12: See (b) (2) No rubbish permitted on the property. Sec (b) (6) No structurally unsound fencing permitted. Sec (b) (7) No outside storage of business related materials, inoperable vehicles, refrigerators, other appliances, or similar items. Sec (b) (11) No grass or weeds over 12 inches in height. City Code, Chapter 24: Sec 24-163 (a) (3) No construction equipment or trailers with construction equipment can be stored on the property. / Sec 24-163 (b) (1) No more then 2 trailers permitted on the property. Sec 24-163 (b) (2) All trailers must be stored 15 feet behind the front property line. Sec 24-163 (c) Junk, inoperable, unregistered vehicles are not permitted. Vehicle repairs are limited to simple maintenance, such as oil and tire changes, brake repair, or similar such work that do not to exceed 8 hours to perform. Sec 24-163 (d) No materials, supplies, appliances or equipment used in any commercial business can be stored outdoors. Code Enforcement Hoard Order, Case # 165-05 Forbids you from sorting/storing scrap metal, junk cars or any other salvage materials at your residence, and forbids you from parking or storing a loaded trailer at your residence. Benj min Brown Jr. Date Witness . K . Book 11574 Rage 1411 Prepared by: City Clerk's Office 800 Seminole Road Atlantic Beach, FL 32233 ppOc 24 414773 900 : 115 T4 Record and Return to: Pages: 1411 — 1412 Filed & Recorded Maureen King 01112/2004 08:43:02 AM City Clerk JIM FULLER CLERK CIRCUIT COURT 800 Seminole Road DUVAL COUNTY Atlantic Beach, FL 32233 TRUSTDFUND f 1.50 CLAIM OF LIEN The City of Atlantic Beach, having given proper notice to the property owner, Benjamin Brown,Jr.,pertaining to property described as, 457 Sailfish Drive A/K/A Royal Palms Unit 2 A Lot 1 Block 27 for violation of Chapter 12, Sec.12-1 (b)(7), Chapter 12, Sec. 12-1 (b)(3), and Chapter 24, Sec.24-104 of the Code of Ordinances of the City of Atlantic Beach Florida, and finding that Benjamin Brown,Jr., owner of the property, has failed to make the required payments towards this obligation, it is the decision of the City of Atlantic Beach that a Claim of Lien be filed against Benjamin Brown,Jr.. Said Claim of Lien shall be recorded in the public records of the office of the Clerk of the Circuit Court in and for Duval County, Florida, and shall be payable with interest at the rate of 10%per annum until paid. This Claim of Lien is to secure payment for the fines and administrative fees in the following amounts: Fine for non-compliance: $ 7,500.00 Administrative fees: $ 549.62 TOTAL DUE: $ 8, 049.62 Executed this day of 2004. hook 11574 Page 1412 CITY OF ATLANTIC EACH Witness By: '3 J ames . ansoi ,•Ky Xanager STATE OF FLORIDA COUNTY OF DUVAL Sworn to and subscribed to me this S day o iu .'+� `'"'� �'a..'' ' 15�i�n/.S�itl , 2004 by OV 1 y. who is ersonal known me or produce'".,' ,.,{ - as identification, and who did/did not take an oath. Y MMR�M IUMG ' = Nota Public, State of to 'd at large MY GOMMlSSION/DDQ950B0 ry _ EXPIRES;A1atih 31.2006 My Commission expires:,3 -3 ''„q f' ��11w Nary AtYC ur�rwrius Sherrer, Alex From: Sherrer, Alex Sent: Friday, January 26, 2007 8:13 AM To: Bailey, Nancy; Gorman, Susan Subject: FW: Ben Brown - Lien Importance: High From: Sherrer,Alex Sent: Friday,January 26, 2007 7:13 AM To: Bussey,Donna Subject: Ben Brown-Lien Importance: High Donna, Mr. Brown will be coming in at 9:00 am today. He wants to know when the existing lien was placed on his property and what he currently owes on the current lien. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax(904) 247-5805 E-mail: asherrer @coab.us Tracking: Recipient Delivery Read Bailey,Nancy Delivered:1/26/2007 8:13 AM Read:112612007 8:43 AM Gorman,Susan Delivered:1126/2007 8:13 AM Read:1/26/2007 8:23 AM 1 Sherrer, Alex From: Sherrer, Alex Sent: Friday, January 26, 2007 7:13 AM To: Bussey, Donna Subject: Ben Brown - Lien Importance: High Donna, Mr. Brown will be coming in at 9:00 am today. He wants to know when the existing lien was placed on his property and what he currently owes on the current lien. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 i Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us Tracking: Recipient Read Bussey,Donna Read:1/2912007 8:25 AM 1 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BAORD CITY OF ATLANTIC BEACH,FLORIDA, Petitioner, VS. CASE NO.: 165-05 BENJAMIN BROWN,JR. Respondent. AFFMAVIT OF NONCOMPLIANCE STATE OF FLORIDA COUNTY OF DUVAL BEFORE ME this day personally appeared ALEX SHERRER, who by me being first duly sworn and cautioned deposes upon his oath and says: 1. I am the Code Enforcement Officer for the City of Atlantic Beach, have personal knowledge of the facts and circumstances set forth in this Affidavit, and am competent to testify to said facts and circumstances. 2. Pursuant to an Order Imposing Fine entered in the above-styled case by the City of Atlantic Beach Code Enforcement Board on April 13, 2005, the Respondent was to do the following: (a) Respondent was granted until May 4, 2005, to bring his property in full compliance and that a fine of$200.00 a day be imposed for every day after that until compliance is met, or a lien would be placed on his property located at 457 Sailfish Drive,Atlantic Beach,Florida 32233. (b) Respondent was given three (3) months to pay all fines and fees assessed and failing to make a payment a lien would be placed against said property as described above in the total of all fines,plus the$1,589.16 in assessed fees.. 3. I hereby certify that the Respondent,Benjamin Brown,Jr.,has failed to comply with the terms and provisions of the Order Imposing Fine dated April 13,2005. 4. Each and every statement contained herein is true and correct. ALEX SHfRRER Code Enforcement Officer, City of Atlantic Beach Sworn to and subscribed before me this S1 day of November, 2007, by ALEX SHERRER, who is personally known to me and who did take an oath. DONNA LEN Y *: MY COMMISSIO412624 EXPIRES:M009 Notary Public, State of Florida Bonded Thu Nolary rwrhers at large. My commission expires: GSC+CCA.ar " _ THE GEORGIA SUPERIOR COURT CLERKS'COOPERATIVE AUTHORITY GSCCCA g Help Site Map Glossary Comments Application '"' UCC Index _REAL ESTATE INDEX . 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To make changes to your account or login information please click here. Copyright 2007 0 Georgia Superior Court Clerks'Cooperative Authority.All rights reserved.Terms of Use. ape 7.0 or higher. This site is best viewed with Internet Explorer 5.5 or higher or Netsc GEORGIA UCC INDEXES Index of documents on file in the Authority's Central Indexing System. Good Through Date: 10/30/2007 Basic Name Search STEP 1: Enter Search Criteria re Debtor is an Individual Last: lbrown First; lbenjamin Middle: Example for Name Searches: LastName FirstName MiddleName r Debtor Is an Organization Organization Name: Exact Search (' Stem Search (names starting with criteria) Display results from: 01/01/1995 (mm/dd/yyyy) through: 10/30/2007 (mm/dd/yyyy) Display: 1.10 1 results per page. Search: F Entire State f Specific County Select a county: ATKINSON BACON BAKER BALDWIN STEP 2: Search Disclaimer UCC-1 Copyright 2007®Georgia Superior Court Clerks'Cooperative Authority.All rights reserved.Tenns of Use. This site is best viewed with Internet Explorer 5.5 or higher or Netscape 7.0 or higher. GEORGIA UCC INDEXES Normal view Ba r Basic Name Search Name searched: brown benjamin Table Display Type: 11 Line 9 County searched: entire state 1 Record Found Page 1 of 1 Search Type: individual Query made: 11/2/200710:48:40 AM Display: 1 U - results per page. Document Original Select File Number TvVe* Secured Party Date Filed File Number F- Debtor: BROWN,BENJAMIN-JR I-- 059-2007-000429 Original NORTHEAST 4/30/2007 N/A GEORGIA BANK I 8:45:00 AM 7 *Instruments with multiple secured parties are repeated for each secured parry. Assignees are designated with an asterisk(*). 1 Record Found Page 1 of 1 Search Disclaimer UCC-1 Copyright 20070 Georgia Superior Court Clerks'Cooperative Authority.All rights reserved.Terms of Use This site is best viewed with Internet Explorer 5.5 or higher or Netscape 7.0 or higher. Owner and Parcel Information Owner Name BROWN BENJAMIN JR Toda 's Date October 30, 2007 Mailing Address 8740 HWY 59 Parci if Number 053 143 C LAVONIA, GA 30553 Tax COUNTY(District 01) Location Address 8740 HWY 59 2007 Mill_a a Rate 21.216 -g -- Leoai Description 1.07 ACRES HWY 59 Acres 1.07 Class Code (NOTE: Not Zoning Info) R4-Residential S ec'al 206 N_e ghhorhood Hom stead ExemptlOn Yes (S5) Parc 1_Map Show Parcel r~ ap Water Public Sew r Septic Tank Electric Electricity Gas Tank Gas Topograehy_ Rolling Drai._ a Fair Rooad_.C_lass State Parc I Ro_ad_Access Paved 2007 Tax Year Value Information Land Improvement Accessory Total Value Value Value Value $12,770 $81,673 $1,121 $95,564 $95,564 Land Information >ce iution Calculation Method Soil Productive Acres RUR Small Tract Rural +' 1 1.07 f Improvement Information Stvle Heated Interior Exterior Attic Basement Year Sq Ft Walls Walls Area Sq Fit re Aa Sgft Built Photo One Family 1,896 Sheetrock Br Veneer No Attic None None 1970 NA Roof Floorina Heating Rooms Number Type Type Type Bedrooms Baths Value Cond Fire PI Sketch Asphalt Shingle Carpet/Tile Cent Heat/AC 6/3/2.0 $81,673 Average 1 Sketch Building 1 Accessory Information Description. Dim_ a RS1 FRAME,MTL-BLOCK UTIL 1970 20x42 840 $1,121 Sale Information Sale Date Deed Book Plat__Page Price _Reason _Grantor Grantee 01-28-2004 684 40 27 333 $90,000 Fair Market Value MOSELEY THOMAS A&ELAINE F BROWN BENJAMIN JR Permit Information Permt_D..ate Permit_N_umber Type Description No permit information associated with this Parcel. Recent Sales_in_Area Previous Parcel Next Parcel Retu n To Main Search_Paae Franklin Home The Franklin County Tax Assessor's Office makes every effort to produce the most accurate information possible. No warranties, expressed or implied,are provided for the data herein, its use or interpretation. Website Updated: October 10, 2007 4 ,11115 b} the Counth of Franklin,(A I R ebsite design by b ic. et fox Street: City: Get County i �— Counties by Name �— Cities by Name Zip Code Lists-300/301 /302/303/304/305 /306/307/308/309/310/311 /312/ 313/314 315 /316/317/318/319/398/399 Dade Catoosa Fang Ws Rabun- Whitfield Union Walker Murray Gilmer WiirteHabersharn Lumpkin Stephens Chalooga Gorcon Pickens Dawson Banks Han Floyd Cherokee Hall Franklin Y Bartow Forsyth Jackson Madison Elbert Pck arrow Cobb Cabb Gwlnnett Clark Paulding Fulton OconeeO98ethospe -laralson Walton Wilkes Lincoln Douglas f�tl-)n ockdale P.,tc,gan Carrot Clayton New Greene Taliaterro Columbia Fayette Henry reene McDutrie Covmta Jasper Warrer Richmond heard Spalding Butts Putnam HancockGlasccck Merriwether Lamar Balo in Jefferson Burke Troup Pike Monroe Jones Upson Wash n3€on Bibb Wilkirscri Jenkins Harris Talbot Crawforc v: Johnson Screvin T iggs Emanuel rJuscagee Tayfor Peach Bleckle Laurens Macon Houslcn Y Treutle:n Candler Effingham C•�attahocche�ar Schley Bullorti � y Pulaski Montgomery Sle.vart Dcoly Dodge Evans Webs€er Sumter Crisp Bryan Wheeler Toombs Chatham Wilcox Crisp Tellair :)uilrnan Liberty 61"0 1 Lee Ben Hill Jeff Davis Lcng Ra rcol ph Turner Appling Clay Calhourpougherly 'Nonh Irwin Coffee Bacon Wayne Tip McIntosh Early Baker P^erce Berrien Atkanson Miller Milchell Colquitl Cook, Ware Brantley Glynn Lanier 5e-inc a Decatur Thomas Luwndes Clinch Charlton Camden Grady Brooks Echo°s CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA Petitioner, VS. CASE NO.: #165-05 BENJAMIN BROWN,JR., Respondent ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on April 12,2005,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 Benjamin Brown Jr.is the owner of record of the property located at 457 Sailfish Drive, Atlantic Beach,Florida,RE# 171374-0000. 2. That notice was served on March 28,2005 and that he was present 3. That previous notifications of the violation of Chapter 12, Sec 12-1 (b)(7)OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS; Chapter 24,Sec 24-104 CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT,were made and served on the Property Owner as evidenced in this hearing. CONCLUSIONS OF LAW That Benjamin Brown,Jr.is guilty of violating Chapter 12, Sec 12-1 (b)(7)OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS;Chapter 24,Sec 24-104 CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT and has failed to correct such violation as of this hearing. 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 be found guilty for non-compliance, and as a repeat violator be fined the full$589.16 in administrative costs plus$500.00 for each violation. THAT the Respondent be granted until May 4,to bring his property into full compliance and that a fine of$200.00 a day be imposed for every day after that until compliance is met, and failure to comply will result in a lien on the Respondent's property at 457 Sailfish Drive. salvage business ed to conduct metals Jutilt cats,or otbe hcens anY scrap to xted to brings ed and cann sepatating nor pestni t is unlicens from storing! fishDrive, T the gesponden be forbidden eTty at 451 Sanerty• T1� al district and onto the PTOp ed PrOP and failing to. esident1 aterials aforemention d fees assessed amo is a T salvage m eT at the es ate Drive- hen any ot parka loaded nail ven 3 m°nom t e pa of 45�ail i�e from the date of e 1 top rt`/ ercen 4 589.16. the gesPondent b g t the P often(10)P tobe pad are$1' TKp,T laced av'0 t a rate stra ye cost make payment a lien be with interest admini lion e to be made p Y aid. T otal of fines and s eciflea time vnll suit in the y the ai m the P ersonal poprty owned by t�14 certification un this Order`Mtb any real or P recording and l with a lien uP cos incut:dn Failure tO comp y nixes Elbe assessed all is of this Order,which trio Ssfiled,you If such ed to collect,or settle s',]1en using any legal violators. this lien lie which satisfying fterau ho 3 m �from the filin?, The Code En f. a entBo ee O on edies available,a or equitable rem an'tffida`nt of Non Co4'�ce being filed remains unpaid• executing up shall notbe necessaTY• This OrdtT becomes sand a hearing with The City Clerk s Office 2005. S 13a'day of Apn1� ORD D� CH, DONE AND ERE CITY OF A'LLO,T�NT BOAg�A CODE- 'S By lvi.Sanders,lT.,Chairma Curtis Attest: U.+-�^ Code Enforcem Susan Gorman,Secretary Alex Sherrer' txhat the violationhas been corrected. Lour yes onsibili TION. It is demonstrate ALIT-E satisfactorily at 241-5855 and THAT the Respondent is unlicensed and cannot be licensed to conduct a salvage business in a residential district and be forbidden from storing/separating any scrap metal,junk cars, or any other salvage materials onto the property at 457 Sailfish Drive,nor permitted to bring, store or park a loaded trailer at the aforementioned property. THAT the Respondent be given 3 months to pay all fines and fees assessed and failing to, make payment a lien be placed against the property of 457 Sailfish Drive. All lien amounts are to be made payable with interest at a rate often(10)percent per annum from the date of certification until paid. Total of fines and administrative costs to be paid are$1,589.16. Failure to comply with this Order within the specified time will result in the recordation of this Order,which constitutes a lien upon any real or personal property owned by the violators. If such lien is filed,you will be assessed all costs incurred in recording and satisfying this lien. The Code Enforcement Board is authorized to collect, or settle said lien using any legal or equitable remedies available, after three(3)months from the filing of any lien,which remains unpaid. This Order becomes self-executing upon an Affidavit of Non-Compliance being filed with the City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 13`h day of April,2005. CITY OF ATLANTIC BEACH,FLORIDA CODE ENF CEMENT BOARD BY Curtis M. Sanders,Jr.,Chairman Attest: }}�� Susan Gorman, Secretary ATTENTION: It is your responsibility to notify Alex Sherrer,Code Enforcement Officer, at 247-5855 and satisfactorily demonstrate that the violation has been corrected. 7r" Sherrer, Alex From: Sherrer,Alex Sent: Friday, January 26, 2007 8:13 AM To: Bailey, Nancy; Gorman, Susan Subject: FW: Ben Brown - Lien Importance: High From: Sherrer,Alex Sent: Friday,January 26,2007 7:13 AM To: Bussey,Donna Subject: Ben Brown-Lien Importance: High Donna, Mr. Brown will be coming in at 9:00 am today. He wants to know when the existing lien was placed on his property and what he currently owes on the current lien. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us Tracking: Recipient Delivery Read Bailey,Nancy Delivered_1/26/2007 8:13 AM Read:1/26/2007 8:43 AM Gorman,Susan Delivered:1/26/2007 8:13 AM Read: 1/26/2007 8:23 AM 1 Sherrer, Alex From: Sherrer, Alex Sent: Friday, January 26, 2007 7:13 AM To: Bussey, Donna Subject: Ben Brown - Lien Importance: High Donna, Mr. Brown will be coming in at 9:00 am today. He wants to know when the existing lien was placed on his property and what he currently owes on the current lien. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax(904) 247-5805 E-mail: asherrer @coab.us Tracking: Recipient Read Bussey,Donna Read:1/29/2007 8:25 AM 1 Owner's Name: CHITTY DAVID & CATHERINE Real Estate Number: 171374 0000 Property Address: 457 SAILFISH DR Mailing Address:P O BOX 187 City: ATLANTIC BEACH MELROSE, FL Zip: 32233 Zip: Unit Number: 32666 2006 Exempt Value: $0.00 PARCEL DESCRIPTION Property Use: 0100 SINGLE FAMILY Transaction Date: 2/1/2007 Transaction price displayed is based on the actual amount of documentary stamps paid at Legal Description: 31-1 38-2S-29E ROYAL PALMS Transaction Price: $20,400.00 the time of recording.The (UNIT 2 A LOT 1 BLK 27 - current rate is 70 cents per N $100. eighborhood: 3122 ROYAL PALMS UNIT 02A ection/Township/Range: No. Buildings: 1 S Official Record Book and Page: 137971581 Heated Area: 1506 Map Tile: 9417 Exterior Wall: Vert Sheet Siding VALUES FROM 2006 CERTIFIED TAX ROLL. Agriculture Land Value: $0.00 Taxing Authority: USD3 Land Value: $81,408.00 Building Value: $92,570.00 Extra Features Value $213.00 Total Improvement Value $92,783.00 " Market Value: $174,191.00 Assessed Value $83,007.00 JF Exemptions Total $25,000.00 Taxable Value $58,007.00 Senior Exemption $0.00 Senior Taxable $0.00 Doc 4 2007042695, OR BK 13797 Page 1581, Number Pages: 1, Filed & Recorded 02/06/2007 at 11:27 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $10.00 DEED DOC ST $142.80 This Warranty Deed Madethis 1St day of February A.D. 2007 by BENJAMIN BROWN, JR., a single man 457 Sailfish Drive Atlantic Beach, Florida 32233 hereinafter called the grantor,to DAVID CHITTY and CATHERINE CHITTY, husband and wife whose post office address is: P.O, Box 187 Melrose, Florida 32666 hereinafter called the grantee: (Whenever used herein the term"grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations) Witnesseth, that the grantor,for and in consideration of the sum of$ 10.00 and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises, releases,conveys and confirms unto the grantee,all that certain land situate in Duval County,Florida,viz: Lot 1, Block 27, ROYAL PALMS, UNIT 2A, according to plat thereof as recorded in Plat Book 31, Pages 1, 1A, iB, 1C and 1D, of the current public records of Duval County, Florida. SUBJECT TO covenants, restrictions, easements of record and taxes for the current year. Parcel Identification Number: 171374-0000 Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land-,that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2006 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivere n o presence: � BICUW1q, JR. TZELL � aa�ac n n - - ,. n State of Florida County of Duval The foregoing instrument was acknowledged before me this is t day of February 07,by BENJAMIN BROWN, JR. who is personally known to me or q,h„ha--produced as: Driver's License Notary Public Not Name: My Commission Expires: PREPARED BY: WILLIAM G. NOE, JR. RECORD & RETURN TO: :'•; L`011am G,Noe,Jr. WILLIAM G. NOE, JR. WD'1 599 ATLANTIC BOULEVARD, SUITE 6 , t ame sAugust U,2008 5/93 € _ '�?If ��Ires August 22,2G08 ATLANTIC BEACH, FL 32233 -a �'Y - bTmr Fain in u,lnc d]0.3l14,0i6 File No: 07-457 t CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA Petitioner, VS. CASE NO.: #839-04 BENJAMIN BROWN,JR., Respondent ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on July 12,2005,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 Benjamin Brown Jr.is the owner of record of the property located at 457 Sailfish Drive, Atlantic Beach,Florida,RE# 171374-0000. 2. That notice was posted on the property on July 11,2005 and the Respondent was present at the hearing. 3. That notifications of the violation of Chapter 6-16:FLORIDA BUILDING CODE AS ADOPTED,NO PERMIT,NO INSPECTION;Chapter 24,Sec 24-151(b)(1)i HAVING MORE THAN ONE STORAGE/TOOL SHED;CHAPTER 12,SEC. 12-1(b)6 UNSOUND FENCING,were made and served on the Property Owner as evidenced in this hearing. CONCLUSIONS OF LAW That Benjamin Brown,Jr.is guilty of violating Chapter 6-16,FLORIDA BUILDING CODE AS ADOPTED,NO PERMIT,NO INSPECTIONS;Chapter 24,Sec 24-151(b) (1)i HAVING MORE THAN ONE STORAGE/TOOL SHED;CHAPTER 12,SEC. 12-1 (b)6 UNSOUND FENCING. 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 guilty of non-compliance and is required to bring his property into compliance not later than August 11,2005. That failure to comply within the prescribed time will result in a fine of$250.00 per day until compliance is met. Administrative fees are waived. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CASE NO. 075-01 RE : VIOLATION OF Chapter 12 , Section 12-1- (b) 7 and Chapter 24 , Section 24-104 OF THE ATLANTIC BEACH CITY CODE OF ORDINANCES . I LEGAL DESCRIPTION: 457 Sailfish Drive) RE#171374-0000 aka Lot 1, Block 27 Royal Palms 2A at the Code The Code Enforcement Board has heard testimony o tember , 2001, Enforcement Board hearing held the 4th day based on the evidence, the Code Enforcement Board enters the and ba CONCLUSIONS OF LAW : following FINDINGS OF FACT, FINDINGS OF FACT 1, 2001 Code Enforcement Board Meeting, Benjamin During the May was found to be in violation of owner of said property, Brown, 7 and Chapter 24, Section 24-104 of the Chapter 12 , Section 12-1- (b) expenses to be paid Code and assessed $815 . 50 in administrative Brown vcould not pay the full within ninety (90) days . Since Mr. the ninety (90) days, the Board acknowledged amount due within a ninety (90) a ent of $75 . 00 and granted Mr. Brown receipt of p Ym balance of $740 . 50 . day extension to pay the remaining CONCLUSIONS OF LAW ence resented to support a There was competent , substan Ord na ace Code as charged. finding of a violation of the ORDER Benjamin Brown shall comply It is the Order of this Board that Benj If N/A Two, Findings of Fact , shetshalb pay a fine of with Paragraph does not comply within the time for each day the violation continues to exist N/A per day is cited. beginning from the day the property within the time specified, a certified If Mr. Brown does not comply shall be recorded in the in COPY of this Order, or a Claim of Lien, records of the Office of the Clerk Shall constitute tute oarlien public and once recorded you do and for Duval County, or if Y which the violation exists, caned b Y on t 0 u er against the property p personal property not own the land, upon any otheFlorida Statutes . you, pursuant to Chapter 162 , 4 5. New Business Chairman Sanders brought to the Boards attention that the next meeting was scheduled for July 3 and asked if they would like to move to July 10, to which the board agreed. Secretary Kotchkowski read the case procedures to be followed an d all witnesses were sworn in. A. Case No. 075-01 — Benjamin Brown, 457 Sailfish Dr., a/k/a Lot 1, Block 27, Royal Palms Unit 2A. The owner of the property was in violation of Chapter 12, Section 12-1 (b)(7): Outside Storage of Miscellaneous Materials. Mr. Brown was also charged with Chapter 24, Section 24-104: Operation of a Junkyard in a Residential District. Code Enforcement Officer Sherrer presented a brief history of Mr. Brown's property and distributed and reviewed various documents pretaining to the property. Chairman Sanders inquired if Mr. Brown was given copies of the information before the ',M hearing. Code Enforcement Officer Sherrer and Mr. Brown responded that he had received the documents. j II Mr. Brown indicated that he subsidized his disability checks of$474.00 a month by selling scrap metal. Mr. Brown pointed out that his property was not a junkyard, and �! the material was brought in on a trailer. He indicated that the photographs that Code Enforcement Officer Sherrer displayed showed materials stored behind a privacy fence. He stated everything shown in the photographs was gone. Mr. Brown reported that what was stored on his truck was not junk but shovels rakes and different things that he used when going out to pick up various things to sell and make a living. Mr. Brown also indicated that other people were dumping things outside his fence, and just recently someone dumped tires on the other side of the street, which he stacked I' up for the city to pick up. Board member Hurd inquired if Mr. Brown's property was now in compliance and Code Enforcement Officer Sherrer replied that Mr. Brown property was in compliance, other then the tires being stacked up. Mr. Brown stated that if the city doesn't pick up the tires, he would take the tires down town for disposal. Allen and Debbie Monte of 596 Seaspray Avenue expressed' the concern that Mr. Brown brought home appliances and other miscellaneous items and stored them in his yard. Mr. Monte also expressed concern that Mr. Brown was operating a scrap metal business in a residential district. Mr. Monte felt that the neighborhood's safety and health issue were involved, since children lived and played up and down the street. Mr. Monte indicated he had also noticed that there were more rodents in his yard, and he had to hire an exterminator for the first time in 12 years. A brief discussion ensued,,and Code Enforcement Officer Sherrer recommended that Mr. Brown be fined the full $5,000 for outside storage of miscellaneous materials, $2,500 for operating a junkyard in a residential district, to be stayed pending any i j ' future violations of the same type. Code Enforcement Officer Sherrer also recommended that Mr. Brown be assessed administrative costs of$815.50 for holding this hearing. Mr. Brown indicated that payment of administrative cost would cause a hardship for him, since he would have to use (2) two disability checks to pay the costs. After a brief discussion, a motion was made by Board Member Mann seconded by Board Member Hurd and unanimously carried to find Mr. Brown in violation of the City Code Chapter 12-1 (b) (7), for outside storage of miscellaneous materials and Chapter 24, Section 24-104 operation of a junkyard in a residential district. The Code Enforcement Board voted to fine Mr. Brown $5,000.00 as a repeat violator of Chapter 12-1 (b) (7) and also $2,500.00 as a repeat violator of Chapter 24, Section 24-104 under the Florida Statue 162.09 (2). The Code Enforcement Board voted not to levy the fine at this time. The Board instructed Mr. Brown that if in the future, he was again found to be in violation, of the above mentioned sections of the City Code the $7,500.00 fine would be reinstated. The Board directed that these fines be deferred pending any repeat violations and that they be levied independent to any additional board actions. The Board assessed Mr. Brown administrative expenses of$815.50 to be paid within 90 days. Chairman Sanders inquired if Mr. Brown understood what had just transpired. Mr. Brown indicated that he understood. ill 6. Board Member Comments: 1 f There was none. 7. Adjournment There being no further discussion or business to come before the Board, the meeting adjourned at 8:45 P.M. Curtis Sanders, Chairman Attest: Code Enforcement Board j Patti Kotchkowski - Secretary CODE ENFORCEMENT HEARING MAY 1 . 2001 FINDINGS OF FACT CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA (May 1, 2001) DEFENDANT: Mr. Benjamin Brown, Jr. CASE NO. 075-01 RE: VIOLATION(S) OF -Chapter 12 Section 12-1 (b) 7 and Chapter 24, Section 24-104, of the Code of the City of Atlantic Beach, Outside Storage of Miscellaneous Materials and Operation of a Junkyard in Residental District. LEGAL DESCRIPTION: 457 Sailfish Drive, a/k/a Lot 1, Block 27, Royal Palms Unit 2A RE# 171374-0000. The Code Enforcement Board has heard testimony at the Code Enforcement Board hearing held the 1st day of May, 2001, and based on the evidence, the Code Enforcement Board enters the following FINDINGS OF FACT, CONCLUSIONS OF LAW: FINDINGS OF FACT Code Enforcement Officer Alex Sherrer prior to the Code Enforcement Board Hearing, reported the property had been brought into compliance. Mr.Benjamin Brown was found to be violation of Chapter 12-1 (b) (7), for outside storage of Miscellaneous Materials and Chapter 24, Section 24-104 Operation of a Junkyard in a Residental District of the City Code. The Code Enforcement, Board voted to fine Mr. Benjamin Brown $5,000.00 as a repeat violator of Chapter 12-1 (b) (7) and also $2,500.00 as a repeat violator of Chapter 24, Section 24-104 under the Florida Statue 162.09 (2). The Code Enforcement Board voted not to levy the fine at this time, but instructed Mr. Benjamin Brown that if in the future, he was again found to be in violation, the $7,500.00 fine will be instated. The Board directed that these fines be deferred pending any repeat violations and that they be levied independent to any additional board actions. The Board assessed Mr. Benjamin Brown administrative expenses of$815.50 to be paid within 90 days. Re: Mr. Beni amin Brown Case No. 075-01 Re#: 171374-0000 May 1, 2001 CONCLUSIONS OF LAW There was competent, substantial evidence presented to support a finding of a violation of the Ordinance Code as charged. ORDER It is the Order of this Board that Mr. Beni amin Brown shall comply with the,Findings of Fact, as stated above. If, in the future, Mr. Benjamin Brown is again found to be in violation of these Codes, the $7,500.00 fine will be instated. If Mr. Benjamin Brown does not comply within the time as specified, a certified copy of this Order, or a Claim of Lien, shall be recorded in the public records of the Office of the Clerk of the Circuit Court in and for Duval County, and once recorded shall constitute a lien against the property upon which the violation exists, or if you do not own the land, upon any other real or personal property owned by you, pursuant to Chapter 162, Florida Statutes. DONE AND ORDERED THIS 1St DAY OF May 2001. A ST: Curtis M. anders, Jr. Chairman Code Enforcement Board Secretary THAT the Respondent is permitted not more than one storage/tool shed,which must be permitted through the City of Atlantic Beach Building Department,and is required to remove any non-permitted storage/tool sheds from his property. THAT the Respondent is required to correct the dilapidated fencing found on his property,and as there is no requirement for fencing,the existing dilapidated fence must be repaired,replaced or removed within the prescribed time. The Code Enforcement Officer must inspect any fencing that is repaired or replaced before compliance is satisfied. THAT failure to comply with this Order within the specified time will result in the recordation of this Order,which constitutes a lien upon any real or personal property owned by the violators. If such lien is filed,you will be assessed all costs incurred in recording and satisfying this lien. All lien amounts are to be made payable with interest at a rate of ten(10) percent per annum from the date of certification until paid The Code Enforcement Board is authorized to collect,or settle said lien using any legal or equitable remedies available,after three(3)months from the filing of any lien,which remains unpaid. This Order becomes self-executing upon an Affidavit of Non-Compliance being filed with the City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 13th day of July,2005. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD By: Curtis M.Sanders,Jr.,Chairman Attest: Susan Gorman,Secretary ATTENTION: It is your responsibility to notify Alex Sherrer,Code Enforcement Officer, at 247-5855 and satisfactorily demonstrate that the violation has been corrected. CITY OF ATLANTIC BEACH C.B. Date:July 12,2005 Defendant: MR. BENJAMIN BROWN JR Case# 839-04 Location: 457 SAILFISH DRIVE A/K/A LOT 1, BLOCK 27, ROYAL PALMS UNIT 2A RE# 171374-0000 Violation: CITY CODE, CHAPTER 6, SEC. 6-16: FLORIDA BUILDING CODE AS ADOPTED, NO PERMIT, NO INSPECTIONS a. Florida Building Code Section 104.1 (permit application) b. Florida Building Code Section 105.6(inspection required) CITY CODE, CHAPTER 24, SEC. 24-151 (b)(1)i HAVING MORE THEN ONE STORAGE/TOOL SHED CITY CODE, CHAPTER 12, SEC. 12-1 (b)6 UNSOUND FENCING Owner Occupied: X Rental: Homestead:Yes X No Code Enforcement Board Members: 1. Inspection of the property revealed that a violation of the Code of the City of Atlantic Beach is present. Ownership of the property was determined through: Tax Records x Title Search Other 2.The code#(s)and nature of the violation(s)discovered are: CITY CODE, CHAPTER 6, SEC. 6-16: FLORIDA BUILDING CODE AS ADOPTED, NO PERMIT, NO INSPECTIONS a. Florida Building Code Section 104.1 (permit application) b. Florida Building Code Section 105.6(inspection required) CITY CODE, CHAPTER 24, SEC.24-151 (b)(1) i HAVING MORE THEN ONE STORAGEITOOL SHED CITY CODE, CHAPTER 12, SEC. 12-1 9 (b)6 UNSOUND FENCING 3.The inspection was prompted as a result of a: Complaint Routine Inspection X Other 4.A violation notice was issued to the owner/occupant on: August 9, 2004, Re-issued December 16, 2004 and posted on March 8, 2005 5. Notice to the owner-occupant was achieved by: Certified Mail Hand Delivery Posting of Property. X The method of service meets with requirements of Florida Statutes 162-12. 6. The latest inspection was made June 6. 2005 as a result of following up on the original complaint(s). 7. The violation(s) is still present X in compliance_. 8. In order to achieve compliance, it is necessary to correct all of the violations and maintain the property: By repairing,replacing or removing the dilapidated fencing and by either removing 2 of the storage structures and having the third properly permitted and inspected for compliance or removing all 3 storage structures. 9. I do X do not have photographs of the property and violations as they existed on the property. They represent a fair and accurate representation of the property at the time they were taken. 10. 1 would estimate that 14 day(s)would be sufficient time to correct the violation. PAGE 2 CODE PRESENTATION SHEET 11. Further Comments: Mr. Brown, has previously appeared before the Code Enforcement Board: September 8, 1998: Found in violation Chapter 12,Sec12-1 (b)(3)Weeds and Rubbish, no fine imposed because property had been brought into compliance, board voted to impose a $100.00 a day fine if found in non- compliance again,fine to commence from first notification until brought into compliance September 7, 1999: Found in violation of Chapter 12, Sec 12-1 (b)(7) Illegal outside storage, assessed administrative fees only, board voted $250.00 a day fine if not brought into compliance, accrued to $4,500.00. Board voted to impose a$500.00 a day fine,fine to commence from first notification until brought into compliance. Fine accumulated to$4,500.00 January 11,2000: Found in violation of previous Board order,$4,500 fine reduced to$325.00 plus administrative fee of$174.58. Compliance was never verified because of privacy fence installation. May 1, 2001: Found in violation and fined a total of$7,500.00 as a repeat offender of Chapter 12, Sec 12-1 (b)(7) illegal outside storage, and Chapter 24, Section 24-104 operating a junk/salvage business in a residential neighborhood. All fines were deferred pending future violations. Assessed$815.50 in administrative fees. May 1, 2001 - October 15, 2003: Mr. Brown was issued 19 Courtesy Notices of Violation for not properly maintaining his property, 5 for illegal outside storage of rubbish and 3 for an unkempt lawn. Many times the rubbish removal could not be verified because the privacy fencing that had fallen down was either repaired or added to. October 15,2003:Mr.Brown was found guilty as a repeat offender of maintaining illegal storage of junk,having an overgrown lawn and for running a junk business in a residential district. $8,049.62 in fines and fees were imposed. Mr.Brown was forbidden from using his property for the storage of or conducting of a scrap metal/junk business. Mr.Brown asked if he could still bring his trailer home while loaded so long as he didn't off load or separate any materials on the property,the board verbally agreed to this condition. October 15,2003—Present: Mr.Brown has been issued 8 Courtesy Notices of Violation,4 of which have been for illegal outside storage and were either corrected or hidden behind privacy fencing. April 12, 2005 — Mr. Brown was found guilty of illegal outside storage and operating a salvage business in residential district,fines and administrative costs of 1589.16 assessed. Additional$200.00 a day after May 4'until brought into compliance. Recommendations: Mr. Brown be found guilty for non-compliance and given 2 weeks to bring his property into full compliance and that a fine of$250.00 a day be imposed for every day after that until the violations are corrected. Furthermore, Mr. Brown be assessed the full administrative costs of$304.18 for conducting this hearing per Florida Statute 162.07 (2)and be given 14 days to pay said assessment. That failing to pay any fines or assessments that a lien be placed against the property of 457 Sailfish Dr for the total amounts due. All lien amounts are to be made payable with interest at a rate of ten (10) percent per annum from the date of certification until paid. Respectfully submitted, Alex Sherrer Code Enforcement Officer e Enforcement Administrative Charges for Presentation to the Board Pursuant to Florida Statute 162.07(2)the following charges for prosecuting this case before the Code Enforcement Board shall be charged to the violator provided he or she are found in violation. Code Enforcement Board Meeting: JULY 12, 2005 Case Number; 839-04: Mr. Benjamin Brown,457 Sailfish Dr,Atlantic Beach, FL 32233 Code Enforcement Officer, $ 22.28 per hour X 5 hours = $111.40 Code Enforcement Secretary, $ 22.08 per hour X 2 hours = $ 44.16 Code Enforcement Attorney, $ 125.00 per hour X 1 hours = $125.00 Postage, Certified Mail, $ 4.42 X 1 = $ 4.42 Copies,Xerox $ .10 X 192 pages = 19.20 Total Charges $304.18 July 12,2005 Alex Sherrer Code Enforcement Officer Sec. 6-16. Adoption of Florida Building Code. There is hereby adopted, subject to any modifications, changes and amendments set forth in this article, and for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as The Florida Building Code established by Florida Statutes Chapter 553, Part VII, as amended from time to time so that the latest edition of The Florida Building Code shall apply, and the Standard Existing Building Code, 1997 edition, and the Standard Unsafe Building Abatement Code, 1985 edition, of which not less than three (3) copies have been and are now filed in the office of the city clerk, and the same are adopted and incorporated as fully as if set out at length in this article, and the provisions thereof shall be controlling in the construction of all buildings and other structures within the city. (Ord. No. 25-02-32, § 2, 11-11- SECTION 104 PERMITS 5104.1 Permit application 5104.1.1 When required. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy or occupant content of a building or structure, or any outside area being used as part of the building's designated occupancy (single or mixed) or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the technical codes, or to cause any such work to be done, shall first make application to the building official and obtain the required permit for the work. EXCEPTIONS: 1. Permits shall not be required for the following mechanical work: 1.1.. any portable heating appliance; 1.2. any portable ventilation equipment; 1.3. any portable cooling unit; 1.4. any steam, hot or chilled water piping within any heating or cooling equipment regulated by this code; 1.5. replacement of any part which does not alter its approval or make it unsafe; 1.6. any portable evaporative cooler; 1.7. any self-contained refrigeration system containing 10 lb (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less; and 1.8. The installation, replacement, removal, or metering of any load management control device. S105. 6 Required inspections. The building official upon notification from the permit holder or his agent shall make the following inspections, and shall either release that portion of the construction or shall notify the permit holder or his agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. Building 1. Foundation inspection: To be made after trenches are excavated and forms erected and shall at a minimum include the following building components: • stem-wall • monolithic slab-on-grade • piling/pile caps • footers/grade beams 2. Framing inspection: To be made after the roof, all framing, fireblocking and bracing is in place, all concealing wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: • window/door framing • vertical cells/columns • lintel/tie beams • framing/trusses/bracing/connectors • draft stopping/fire blocking • curtain.wall framing • energy insulation • accessibility. 3. Sheathing inspection: To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: • roof sheathing wall sheathing • sheathing fasteners • roof/wall dry-in. 4. Roofing inspection: Shall at a minimum include the following building components: • dry-in • insulation • roof coverings �1 • flashing. 5. Final inspection: To be made after the building is completed and ready for occupancy. 6. Swimming pool inspection: • First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete. Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. 7. Demolition Inspections: First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall .exit during or after demolition operations. • Final inspection to be made after all demolition work is completed. old Electrical 1. Underground inspection: To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place. 2. Rough-In. inspection: To be made after the roof, framing, fireblocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Final inspection: To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. Plumbing 1. Underground inspection: To be made aft.er trenches or ditches are excavated, piping in and before any backfill is put in place. 2. Rough-In inspection: To be made after the roof, framing, fireblocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. . 3. Final inspection: To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. NOTE: See §P312 of the Florida Building Code, Flumbing for required tests. Mechanical 1. Underground inspection: To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. 2. Rough-In inspection: To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. , 3. Final inspection: To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. Gas 1. Rough piping inspection: To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. 2. Final piping inspection: To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection: To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to insure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. 24-151. Accessory uses and structures. (a) Authorization. Accessory uses and structures are permitted within any zoning district where the accessory uses or structures are clearly ancillary, in connection with, and incidental to the principal use allowed within the particular zoning district. (b) Accessory uses by zoning district. Accessory uses and structures shall be permitted only within zoning districts as set forth within this division. (1) Within all residential zoning districts: a. Antenna structures for television and radio, but not microwave relay or commercial transmission structures, television and radio antennas of the customary size and design shall not count as accessory structures for the purpose of determining the number of such structures, provided that only one (1) such structure is permitted per residence. b. Children's playhouse and/or juvenile play equipment shall not be permanently located within required front yards. C. Guest house or guest quarters, provided that such are used only for intermittent and temporary occupancy by a non-paying guest or family member of the occupant of the primary residence. A guest house or guest quarters shall not be rented for any period of time and shall not contain a kitchen, but may contain a kitchenette as defined herein. Further, a guest house or guest quarters shall not be used as, or converted to a dwelling unit. A detached guest house shall not exceed the number of buildings allowed on a lot as set forth within section 24-82 (b) and shall be a minimum distance of ten (10) feet from the principal building. d. Detached private garages and carports, not to exceed six hundred (600) square feet of lot area and fifteen (15) feet in height, except in accordance with section 24-88 or the provisions of the following paragraph. Only one (1) detached private garage or carport shall be allowed on any single residential lot, and such structures shall comply with applicable side yard requirements and shall be a minimum distance of ten (10)feet from the rear lot line. Detached private garages, not to exceed six hundred (600) square feet of lot area Deta p g g , may be constructed to a height of twenty-five (25) feet provided that such structures shall comply with applicable side yard requirements and shall be a minimum distance of fifteen (15) feet from the rear lot line. A detached private garage shall be a minimum distance of ten (10) feet from the principal building. e. Gazebos and similar structures, not to exceed one hundred fifty (150) square feet and ten (10) feet in height for a flat roof or twelve (12) feet in height for a peaked roof; and a minimum distance of five (5) feet from the rear and side lot lines. f. Private swimming pools in accordance with section 24-164. g. Home office (but not a home occupation). h. Private ball courts and other similar private recreational uses; i. Storage and tool sheds, not to exceed one hundred fifty (150) square feet and ten feet in height for a flat roof or twelve (12) feet in height for a peaked roof. Only one (1) detached storage or tool shed shall be allowed on any single residential lot, and such structures shall comply with applicable side yard requirements and shall be a minimum distance of ten (10) feet from the rear lot line. j. Detached screened enclosures with screened roofs, not to exceed 600 square feet and fifteen (15) feet in height and located a minimum of five (5) feet from any side or rear lot line. Such detached screened enclosures shall not be allowed in required front yards. k. Dog houses not to exceed five (5) square feet and five (5)feet in height. I. Personal pets, limited to those animals customarily considered as pets, and kept only on the same premises of the occupant(s) of the residential principal building. (2) In any zoning district; except as to private swimming pools: a. All accessory uses and structures shall comply with the use limitations applicable to the zoning district in which they are located. b. Unless otherwise specified within this section, all accessory structures shall comply with the land development regulations, including the minimum yard requirements applicable to the zoning district in which they are located. C. Unless otherwise specified within this section, accessory uses and structures shall not be located within required front yards and shall not be closer than five (5) feet from any lot line. d. No accessory structures shall be used as a residence, temporarily or permanently, except in accordance with section 24-88. e. Accessory structures shall not be more than fifteen (15) feet in height, except in accordance with section 24-88 or preceding paragraph (b)(1)d. Accessory structures shall not be placed forward of the front of the principal use structure. On a corner lot, no part of any accessory structure shall be closer to any property line than the principal use structure. Space within an accessory structure shall not be leased or used for any use or purpose other than those incidental to the use of the principal building. (Ord. No. 90-03-184, § 2, 12-8-03) I I I Sec. 12-1. Enumeration. (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well-being of the community. (b) It is hereby declared to be a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (1) For any person to cause or allow any animal carcass or any filth or substance to be collected, deposited, or to remain in any place to the detriment of public health. (2) For any person to throw, deposit or discharge into or suffer to be collected, deposited or remain on or in any public or private property, house or building, sewer, or gutter, any filth, or rubbish of any kind. (3) For any person to allow, suffer or permit any lot, premises, or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing of filth or rubbish of any kind. (4) For any person to allow, suffer or permit stagnant water to accumulate either above or below the ground, or to allow the propagation of mosquitoes therein. (5) For any person to keep, herd, and feed any large animals such as but not limited to hogs, horses, and goats or any small animals in any manner which may be injurious to the health and well-being of any person due to noxious odors, noise, etc. (6) For any person not to post, secure, or safeguard any hazardous condition which may prove detrimental to any human being, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, excavations, construction sites, as well as structurally unsound fences or structures. (7) For any person, either as the owner or occupant of a building, structure, or property to utilize the premises of the property for the open storage of any abandoned or inoperable motor vehicles, refrigerators or other appliances, household furniture, glass, building material, building rubbish, or similar items. (8) For any person to allow, suffer or permit any building or structure which, by storm damage, fire, decay or other cause to become structurally dangerous, unsafe, dilapidated, unsanitary, or vermin infested so that it creates a hazard to the health or safety of the occupants or the public. (9) For any business owning shopping carts to allow such carts to be removed from its premises unless a written policy is in place for the effective retrieval of such carts. The written policy must include provisions for retrieval of shopping carts from public rights-of- way, apartment complexes, undeveloped lots, or other areas within the city, and for retrieval of shopping carts when brought to the attention of the owner by way of i complaints from the public or the city. (10) For any person to cause or allow excessive amounts of dirt, debris, or any other substance to collect in any gutter or catch basin, or to accumulate on any street, causing the street to become obstructed, uneven or defaced. (11) For any person or business to allow vegetation other than cultivated plants, shrubs, or trees to exceed a height of more than twelve (12) inches on any developed lot, or within twenty (20) feet of any occupied residential property, business property, or city right-of-way. (12) For any person to discharge water from a water-source heat pump onto a public site ins i ctta�a!1�iebwe a"rte C y of Jarksonwle.Rcrida Duval County Tax Collector 2003 Real Estate Tax Summary Property Information Real Estate No. 171374-0000-9 Name BENJAMIN JR BROWN Address 457 SAILFISH DR Mailing Address for the Property 457 SAILFISH DR P 0 BOX 51513 JACKSONVILLE BEACH FL 32240 - 1513 Legal Description of Property 31-001 38-2S-29E USD3 ROYAL PALMS UNIT 2 A LOT 1 BLOCK 27 O/R BK 7095-881 Tax Information Assessed Value 76783 Govt. Tax Value 51783 Exempt Code H RE Tax Lien Amt. Non Ad Val By Int. Amt. By Pen Amt. Gross Tax 991.11 .00 .00 .00 .00 991.11 CURRENT YEAR TAX TOTAL AMOUNT DUE IF PAID IN November December January February March April 951.47 961.38 971.29 981.20 991.11 1,025.84 Payment Information Paid Code UNPAID Paid Date Exception Code 997 Unpaid Certificate Information Certificate No. Certificate Holder Amount Amount Due for AUGUST 2003-17349-000-9 WACHOVIA BANK NA AS CUST/TRUSTEE FOR 1,058.34 1,117.51 2004-16658-000-1 MTAG CUST FOR PICO CAPITAL MGMT LLC 1,076.89 1,136.98 Microsoft OLE DB Provider for SQL Server error'80004005' [DBNETLIB][Connection0pen (Connect()).]SQL Server does not exist or access denied. /realestate/includes\DelinquentPaid.asp, line 13 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FLORIDA 32233-5445 jt1 TELEPHONE: (904)247-5800 FAX: (904)247-5805 SUNCOM: 852-5800 http://ci.atlantic-beach.fl.us August 9, 2004 Mr. Benjamin Brown Jr P.O. Box 51513 Jacksonville Beach, FL 32240-1513 Subject: Violations of Atlantic Beach City Code Dear Mr. Brown, Our records indicate that you are the owner of the following property in Atlantic Beach, Florida: Re: 457 Sailfish Dr A/k/a: 31-001 38-2S-29E Royal Palms Unit 2A Lot 1, Block 27 O/R BK 7095-811 RE# 171374-0000 Consider this letter as an Official Notification of Violation. That the Atlantic Beach City Code Enforcement Officer has identified your property as being in violation of the following city codes: 1. Chapter 24, Sec 24-163 (b) (1): Having more then one 2 trailers of any type stored I parked on a residential lot. 2. Chapter 24, Sec 24-163 (c): Having an unregistered vehicle stored on a residential lot. 3. Chapter 24, Sec 24-163 (d): Illegal Storage / Parking of commercial equipment, to wit; a bobcat on a residential lot. 4. Chapter 24, Sec 24-151 (b): Having a non-permitted accessory building, to wit; a storage shed on a residential lot. In an effort to eliminate any undo hardship I am granting you 14 days from receipt of this notification to correct items 1-3 by limiting the number of trailers on your property to 2, removing or properly registering the unregistered car, and by removing the bobcat from your property. Furthermore, I am granting you 30 days from receipt of this notification to either remove the non-permitted shed or have it properly permitted. Additionally, you are reminded of your responsibility as a property owner and that failure to comply will constitute a violation of City Code. Continued violations of City Code can incur fines of up to $500.00 per day, per violation from the Code Enforcement Board, repeat offenses can carry higher penalties. Should you have any questions or concerns involving this matter, you can contact me at (904) 247- 5855. ALE NDER J. HERRER Code Enforcement Officer c: Public Safety Director ��j�=1rs1 j• CITY OF ATLANTIC BEACH ,r� 800 SEMINOLE ROAD ATLANTIC BEACH,FLORIDA 32233-5445 � Ss1 y TELEPHONE: (904)247-5800 o t) FAX: (904)247-5805 SUNCOM: 852-5800 . .';: www.coab.us yr e�FA: .) n s)� December 16, 2004 Mr. Benjamin Brown Jr P.O. Box 51513 Jacksonville Beach, FL 32240-1513 Subject: Violations of Atlantic Beach City Code Dear Mr. Brown, Our records indicate that you are the owner of the following property in Atlantic Beach, Florida: Re: 457 Sailfish Dr A/k/a: 31-001 38-2S-29E Royal Palms Unit 2A Lot 1, Block 27 O/R BK 7095-811 RE# 171374-0000 Consider this letter as an Official Notification of Violation. That the Atlantic Beach City Code Enforcement Officer has identified your property as being in violation of the following city codes: 1. Chapter 24, Sec 24-163 (b) (1): Having more then 2 trailers of any type stored / parked on a residential lot. 2. Chapter 24, Sec 24-151 (b): Having a non-permitted accessory building, to wit; only 1 storage structure on a residential lot. In an effort to eliminate any undo hardship I am granting you until January 31, 2005 to correct the aforementioned items. You must limit the number of trailers on your property to not more then 2, noting that the industrial smoker is considered as one trailer. Furthermore you are required to either remove the 2 extra sheds from your property or get the proper permit for whatever storage structure you intend to use, remembering that you may only have one storage structure. Additionally, you are reminded of your responsibility as a property owner and that failure to comply will constitute a violation of City Code, and that as a repeat offender, you can incur fines of up to $500.00 per day, per violation. As a repeat offender, such fines can be assessed from the original August 9, 2004 notification. Should you have any questions or concerns involving this matter, you can contact me at(904) 247- 5855. ALEXANDER J. SHERRER Code Enforcement Officer c: Public Safety Director COMPLETE THIS . DELIVERy N Complete items 1,2,and 3.Also complete >: A. Signature item 4 if Restricted Delivery is desired. ' ■ Print your name and address on the reverse X` so that we can return the card to you. ❑ a• a ■ Attach this card to the back of the mailpiece, B. Received by( nted Name) C. Date of Delivery or on the front if space permits. 1. Arti cle addressed to: D. Is delivery address different from item 1? 13 Yes M if YES,enter delivery address below: ❑No . BROWN JR. r�1' p• o. ��o T ervice Type❑Certified Mail ❑ Express Mail❑ Registered ❑ Return Receipt for Merchandise Insured Mail ❑ C.O.D. . Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 700 4 1,1 b 0 0005 1,8 5 7 2801 . PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-P-4081 r >. Postal r9 CERTIFIED MAILM RECEIPT (Domestic Only; For delivery,information ite at www.usps.come, visit our webs rtJ f�• .;w� � z t; Ln c }aa ( If CO Postage $ u1 � Certified Fee l: t . Return Reciept Fee P Home rk (Endorsement Required) _ O Restricted Delivery Fee (Endorsement Required) r-9 Total Postage&Fees Is Sent To ------ Street,Apt.No, - or PO Box No. P pO�•( City,State,ZIP+4�I �i`� -- o c � 322110 CITY OF ATLANTIC BEACH S 800 SEMINOLE ROAD J T, ATLANTIC BEACH,FLORIDA 32233-5445 it1 TELEPHONE: (904)247-5800 J FAX: (904)247-5805 J �r SUNCOM: 852-5800 http://ci.atlantic-beach.fl.us r March 9, 2005 Mr. Benjamin Brown Jr P.O. Box 51513 Jacksonville Beach, FL 32240-1513 Subject: Atlantic Beach Code, Chapter 12, Sec 12-1 (b) (3) Nuisances Dear Mr. Brown, Our records indicate that you are the owner of the following property in Atlantic Beach, Florida: Re: 457 Sailfish Dr A/k/a: 31-001 38-2S-29E Royal Palms Unit 2A Lot 1, Block 27 O/R BK 7095-811 RE# 171374-0000 Consider this letter as an Official Notification of Violation as a repeat offender. On February 23, 2005, the Code Enforcement Officer of Atlantic Beach identified you of being in violation of the following City Codes: 1. City Code Chapter 12, Sec 12-1 (b) (7) Outside Storage Of Miscellaneous Materials 2. City Code Chapter 24, Sec 24-151 (b) Having More Then One Storage Shed. 3. City Code Chapter 12, Sec 12-1 (6) Structurally Unsound Fence. 4. City Code Chapter 24, Sec 24-104: Illegal Operation Of A Junkyard In A Residential District. I am granting you 7 days from receipt of this notification to secure a permit for whichever storage shed you intend to use as an Accessory Building; all other such structures must be removed within 2 weeks of this notification. Additionally I am granting you 2 weeks from this notification to either repair or remove all dilapidated fencing. As a Repeat Offender, no time to correct is being given for the violations of illegal outside storage and illegal operation of a junkyard/salvage business. A hearing will be scheduled before the Code Enforcement Board to consider these violations. Should you have any questions or concerns involving this matter, you can contact me at(904) 247-5855. ALEXANDER J. SHERRER Code Enforcement Officer c: Public Safety Director Tip ok h NT ",� �..�rl 3' fir'' ,, S '�•+�' • i 'gym' � .` .. �fs ,�' _,� �` "�1,' � � e i � 1 r e t i f�f, 3 ' a a :rte'" 5 �� .. ,� '' ' '' �_• -4 rL <. w L. o = y 4 � +FT�` ,. 1 , p rW . � S ECG AND P'i4 RARFIED . 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Respondent. AFMAVIT OF NONCOMPIJANCE STATE OF FLORIDA COUNTY OF DUVAL BEFORE ME this day personally appeared ALEX SBERRER, who by me being first duly sworn and cautioned deposes upon his oath and says: 1. I am the Code Enforcement Officer for the City of Atlantic Beach, have personal knowledge of the facts and circumstances set forth in this Affidavit, and am competent to testify to said facts and circumstances. 2. Pursuant to an Order Imposing Fine entered in the above-styled case by the City of Atlantic Beach Code Enforcement Board on July 12,2005,the Respondent was to do the following: (a) Respondent was granted until August 11, 2005,to bring his property in full compliance and that a fine of$250.00 a day be imposed for every day after that until compliance is met,or a lien would be placed on his property located at 457 Sailfish Drive,Atlantic Beach,Florida 32233. (b) Respondent was given three(3)months to pay all fines assessed and failing to make a payment a lien would be placed against said property as described above in the total of all fines.. 3. I hereby certify that the Respondent,Benjamin Brown,Jr.,has failed to comply with the terms and provisions of the Order Imposing Fine dated July 11,2005. 4. Each and every statement contained herein is true and correct. '/'" <2901r� AL SHERRER Code Enforcement Officer,City of Atlantic Beach Sworn to and subscribed before me this Z sf day of November, 2007, by ALEX SHERRER, who is personally known to me and who did take an oath. COMMISSION L.N#DD 4 Notary Public, State of Florida � MY COMMISSION N DD 412624 EXPIRES:March 30,2W9 at large. Bonded Thru Notary Public Underwriters ; ,,,., My commission expires: I { 'I Cop y CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA CASE NO.:#824.1-09 Petitioner, VS. Mr.Benjamin Brown Respondent Address:457 Sailfish Drive Description: Lot 1,Block 27,Royal Palms Unit 2A RE# 171374-0000 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code En f rcement Board on August 11,2009 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 Mr.Benjamin Brown resides at the property located at 457 Sailfish Drive,Atlantic Beach,Florida. 2. That notice was sent certified mail on August 4,2009 and that Respondent was present at the hearing. 3. That notification of the violations of Chapter 12,Sec 12-1 (b)(7); Chapter 12,Sec 12-1 (b) (6); Chapter 24,Sec 24-163(b)(1);Chapter 24,Sec 4-104 were made and served on the resident as evidenced in this hearing. CONCLUSIONS OF LAW THAT Mr.Benjamin Brown is not in full complia ce and has failed to correct such violation as of this hearing. 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 be found guilty as a repeat offender,and must come into compliance by 12:00 pm,thirty(30)days within receipt of this notice. Respondent is fined $500.00 per violation and assessed Administrative fees of$313.98 for a total of$2,313.98. THAT failure to pay all accumulated fines will be forwarded to Finance for processing. All lien amounts are to be made payable at an interest rate of ten(10)percent per annum from date of certification until paid. This Order becomes self-executing upon an Affidavit of Non-Compliance being filed with the City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 12th day of August 2009. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD By: ,1� Ron Pendleton,CEB Vice Chairman Attest: V , t4&0,-,n sn"emc,^%. Susan Gorman,Secretary ATTENTION: It is your responsibility to notify Alex Sherrer, Code Enforcement Officer, at 247-5855 and satisfactorily demonstrate that the violation has been corrected. INVOICE City of Atlantic Beach Attention: Cashier 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5800 TO: Benjamin Brown INVOICE NO: 500 P.O. Box 51513 DATE: 8/12/09 JAX BEACH, FL 32240-1513 CUSTOMER NO: 115/558 TYPE: CE - Code Enforcement -------------------------------------------------- QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE ----------- ------------------------- -------------- ----------------- 1. 00 Code Enforcement Fines 2, 313 . 98 2, 313. 98 457 Sailfish Drive RE #171374-0000 TOTAL DUE: $2, 313. 98 PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE DATE: 8/12/09 DUE DATE: 9/11/09 NAME: Brown, Benjamin CUSTOMER NO: 115/558 TYPE: CE - Code Enforcement REMIT AND MAKE CHECK PAYABLE TO: City of Atlantic Beach Attention: Cashier 800 Seminole Road Atlantic Beach FL 32233 INVOICE NO: 500 TERMS: NET 30 DAYS AMOUNT: $2, 313. 98 CITY OF ATLANTIC BEACH C.B. Date: August 11, 2009 Defendant: MR. BENJAMIN BROWN JR Case#824.1-09 Location: 457 SAILFISH DRIVE A/K/A LOT 1, BLOCK 27, ROYAL PALMS UNIT 2A RE# 171374-0000 Violation: CHAPTER 12, SEC 12-1 (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS CHAPTER 12, SEC 12-1 (b) (6): STRUCTUALLY UNSOUND FENCE CHAPTER 24, SEC 24-163 (b) (1): MORE THAN 2 TRAILERS ON THE LOT CHAPTER 24,SEC 24-104: UNAUTHORIZED SCRAP METAL BUSINESS IN RESIDENTIAL DISTRICT Owner Occupied: Rental: X Homestead: Yes No X Code Enforcement Board Members: 1. Inspection of the property revealed that a violation of the Code of the City of Atlantic Beach is present. Ownership of the property was determined through: Tax Records x Title Search Other 2. The code#(s) and nature of the violation(s) discovered are: CHAPTER 12, SEC 12-1 (b) (7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS CHAPTER 12, SEC 12-1 (b) (6): STRUCTUALLY UNSOUND FENCE CHAPTER 24, SEC 24-163 (b) (1): MORE THAN 2 TRAILERS ON THE LOT CHAPTER 24, SEC 24-104: UNAUTHORIZED SCRAP BUSINESS IN RESIDENTIAL DISTRICT 3. The inspection was prompted as a result of a: Complaint X Routine Inspection _Other 4. A violation notice was issued to the owner/occupant on: July 29, 2009 5. Notice to the owner-occupant was achieved by: Certified Mail Hand Delivery Posting of Property. X The method of service meets with requirements of Florida Statutes 162-12. 6. 1 did X did not speak with the owner someone X in charge of the property concerning the violations. 7. Brief description of conversation: 8. The latest inspection was made AUGUST 11,2009 as a result of following up on the original complaint(s). 9. The violation(s) is still present_in compliance_. PAGE 2 CODE PRESENTATION SHEET 10. In order to achieve compliance, it is necessary to correct all of the violations and maintain the property: By not conducting a scrap metal business in a residential district, properly repairing the privacy fence, removing anything from the yard that is not considered for outside use and only maintaining 2 trailers on the property at any given time. 11. 1 do X do not have photographs of the property and violations as they existed on the property. They represent a fair and accurate representation of the property at the time they were taken. 12. 1 would estimate that 10 day(s) would be sufficient time to correct the violation. 13. Further Comments: Mr.Brown has appeared before the Code Enforcement Board eleven times since 1999 for open storage and for conducting an illegal scrap metal business in a residential district. During that time, he's made several appeals and has had his fines either reduced or forgiven, currently has approximately $160,000.00 in personal liens against him. 14. Recommendations: That Mr Brown be found guilty as a repeat offender, and per Florida Statute 162.09 (2)(a) be fined $500.00 per violation for a total of$2,000.00 as a repeat violator and per Florida Statute 162.07 (2) be assessed the administrative costs of$313.98 for conducting this hearing, for a grand total of$2,313.98. Respectfully submitted, Alex Sherrer Code Enforcement Officer Code Enforcement Administrative Charges for Presentation to the Board Pursuant to Florida Statute 162.07 (2) the following charges for prosecuting this case before the Code Enforcement Board shall be charged to the violator provided he or she are found in violation. Code Enforcement Board Meeting: May 1, 2001 Case Number; 075-01: Mr. Benjamin Brown Jr., P.O. Box 51513, Jacksonville Beach, FL 32240-1513 Code Enforcement Officer, $ 22.28 per hour x 5 hours = $156.20 Code Enforcement Secretary, $ 22.08 per hour x 3 hours = $ 66.24 Code Enforcement Attorney, $150.00 per hour x 1 hour = $ 75.00 Postage, Certified Mail, $ 5.54 x 1 = $ 5.54 Copies, Xerox $ .10 x 110 = 11.00 Total Charges $313.98 August 11, 2009 Alex Sherrer Code Enforcement Officer i itw air war •40or .. i.: . r°�``'" s ,• ' '�^' +,»x.e tip` ,='� `-�� '? +t '' '� w �h � ' ,w s - I C f fA i r � , rt ti W.1, 1 "�4: .�r, ` � � w�r"�' Sf w+w rte#" ` ,• ,�. J t i r t w .+. A , 1. u4 *t ° ",!,L zl�jijw-. - Ike, > r y.. s n+ vw+ - 9r r-. a .. i sit --''fir \1�.�. ,r�•- ,O •�� r s � •., �..—rat... . ': aY _ i AW ilk t • l c, r r. i 4 t r� r � a � r ., v MR430I01 City of Atlantic Beach 2/01/10 Miscellaneous Receivables Inquiry 15: 15: 04 Customer ID . . . . 115 Name: Brown, Benjamin Last statement 2/01/10 Addr: P.O. Box .51513 Last invoice 8/12/09 JAX BEACH, FL 32240-1513 Current balance 151, 774 . 81 Pending . . . . . . 00 Status : A ACTIVE Previous balance 151, 774 . 81 Type: Code Enforcement Deposit balance . 00 Type options , press Enter. Open Activity 1=Select Opt Code Description Current Overdue Total due CE001 Code Enforcement Fines . 00 151774 . 81 151774 . 81 Bottom F3=Exit F7=Pending activity F8=Charge hsty F9=Payment hsty F10=Combined detail Fll=Invoice inquiry F12=Cancel F13=Auto charges F14=Deposit detail F20=Print Activity Listing F21=Other tasks ok '-. . Ilk AGENDA ITEM#I OA October 24,2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING CITY ATTORNEY REPORT AGENDA ITEM: Filing of foreclosure suit on a code enforcement lien SUBMITTED BY: Alan C. Jensen, City Attorney DATE: - er 18, 2011 UN BACKGROUND: On May 10, 2011, e City of Atlantic Beach Code-'Enforcement Board (CEB) found Benjamin Brown (Respondent) in viola 'on of the International Property Mainfenance Code. The Respondent was in violation by k ing, in ope storage, items such as debri , appliances, tires, barrels, lawn mowers, automobile parts, ladders, 06 s, propane tanks, welding tanks and operating a junk/salvage business in a single family dwelling district. The eCEB.ordered the property at 457 Sailfish Drive to be brought into compliance on or before June 10, 2011,or a fhe of$500.00 a day be imposed for each day the property was in violatio rder Imposing Fine was°entered by the CEB and recorded in the official records of Duval Coy} , Florida, an he CEB recommended to the 000.00. City_ Commission that suit be filed if the fine reaches $1 , On July 12, 2011, after espondent requested an appeal of the May 10, 2011, Order, the CEB conducted a public hearing, includi g hearing from Respondent;-and denied the appeal. An Order was entered by the CEB ec ive July 12, 2011. As of this date, the fine is still in effect and the Respondent has not called for an inspection as requested. Both Orders have been properly recorded in the Duval County records as required. The $500.00 a day fine as of this date has reached approximately $65,000.00 RECOMMENDATION: File suit to foreclose the CEB lien on the property at 457 Sailfish Drive. ATTACHMENTS: Code Enforcement Board Orders dated May 10, 2011 and July 12, 2011. REVIEWED BY CITY MANAGER: i CITY OF ATLANTIC BEACH,l CODE ENFORCEMENT B( CITY OF ATLANTIC BEACH,FLORIDA Petitioner, vs. COPY Benjamin Brown,Respondent Address: 457 Sailfish Drive Description: Royal Palms Unit 2A Lot 1,Block 27 RE#171374-0000 ORDER IMPOSING F] THIS CAUSE came for public hearing before the Code Enforcement Board on May 10,2011 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 owns the properly located at 457 Sailfish Drive,Atlantic Beach, Florida. 2. That notice was posted and sent by certified mail and that Respondent was not present at the hearing. 3. That notification of the violations of the International Property Maintenance Code Section 302.5, Rodent Harborage and Section 302.7,Accessory Structures, and City of Atlantic Beach,Code of Ordinances, Chapter 12,Nuisances, Section 12-1(b)(7)and Chapter 24,Land Development Regulations, Section 24-104,Residential, Single family district(RS-1)(b)Permitted Uses were made and served on the Respondent as evidenced in this hearing. 4. Specifically,the property is infested with rodents;fencing is dilapidated;open storage of trash,debris, appliances,tires,barrels, lawn mowers, automobile parts,ladders,tools,propane tanks,welding tanks; and operating a junk/salvage business in a single family dwelling district at the aforementioned property. CONCLUSIONS OF LAW THAT Benjamin Brown is not in compliance and has failed to correct such violation as of this hearing date and this is a repeat violation. 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 come into compliance on or before 12:00 pm,June 10,2011. Failure to comply will result in fines of$500.00 per day for every day thereafter until compliance is met plus administrative costs. If the fine reaches$15,000,the Code Enforcement Board recommends that the City Commission authorize the filing of a lawsuit against Mr.Brown for injunctive relief or any other legal recourse available to the city. THAT failure to pay all accumulated fines will result in a lien being placed against the property at 457 Sailfish Drive 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. This Order becomes self-executing upon an Affidavit of Non-Compliance being filed with the City CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA,Petitioner CASE#15311 VS. Benjamin Brown,Respondent Certified Mail Address: 457 Sailfish Drive 7006 2150 0002 2972 1459 Description: Royal Palms Unit 2A Lot 1,Block 27 RE# 171374-0000 457 Sailfish Drive Atlantic Beach,FL 32233 ORDER THIS CAUSE came for public hearing before the Code Enforcement Board on July 12,2011 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 A. That the Respondent Benjamin Brown owns the property located at 457 Sailfish Drive,Atlantic Beach, Florida. B. That by Order of the Code Enforcement Board dated May 10, 2011,Mr.Brown was ordered to be in compliance on or before 12:00 p.m. on June 10,2011 by removing all open storage of trash,debris, appliances,tires,barrels, lawn mowers, automobile parts, ladders,tools,propane tanks,welding tanks and operating a junk/salvage business in a single family dwelling district. C. An inspection on June 10,2011 by the City of Atlantic Beach Code Enforcement Officer revealed that Mr. Brown was not in compliance as required by the Order. D. That Mr. Brown requested an appeal by letter to be heard by the Code Enforcement Board, alleging that he was in compliance on June 10, 2011,with the Order of the Board. The appeal was heard by the Board on July 12,2011. E. That at the hearing before the Board on July 12, 2011,Mr.Brown consented to an inspection of his property by the City at 10:00 a.m. on July 13, 2011. Said inspection was conducted by Mike Griffin and the property was still not in compliance as required by the Order. CONCLUSIONS OF LAW THAT Benjamin Brown is not in compliance with the Order of the Board dated May 10, 2011, and his appeal is denied as follows: 1. The open storage of trash, debris, appliances,tires,barrels, lawn mowers, automobile parts, ladders,tools,propane tanks,welding tanks; and operating a junk a junk/salvage business still occur on the property. The gravity of the violation presents a serious threat to the health, safety and welfare of the community. 2. That Mr.Brown has taken some action to remove items,however,the violation still exists. 3. That this is a repeat violation and Mr.Brown has been found previously in violation. 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's appeal of the Code Enforcement Board Order issued on May 10,2011 is denied and said Order recorded in Official Record Book 15600,Page 1030 (2 pages)in the current public records of Duval County,Florida stands. DONE AND ORDERED THIS 12th day of July 2011. ? CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 . (904) 247-5800 June 16, 2011 CERTIFIED MAIL Ben Brown 457 Sailfish Drive Atlantic Beach, Florida 32233 RE: CODE ENFORCEMENT ORDER CASE#15311, 457 Sailfish Drive, Lot 1, Block 27, Royal Palms Unit 2A RE#171374-0000, Atlantic Beach, Florida Dear Mr. Brown: On June 15, 2011, an inspection was conducted on your property located at 457 Sailfish Drive to verify compliance with the Atlantic Beach Code Enforcement Board Order, copy enclosed, issued on May 10, 2011. The order required compliance by June 10, 2011. The inspection revealed the property remains in violation and compliance has not been achieved as required. Specifically, the open storage of tires, barrels, automobile parts, propane tanks, tools and debris, dilapidated fencing and lawn mowers still exists on the property. Please be advised you may appeal this determination to the City of Atlantic Beach Code Enforcement Board. Your request must be submitted in writing to the Atlantic Beach City Clerk's Office, 800 Seminole Road, Florida 32233, no later than thirty (30) days from the date of this letter. Failure to successfully appeal the determination will result in a fine being assessed against the property at 457 Sailfish Drive at$500.00 per day from June 10, 2011, until compliance is obtained. Should you have any questions,please contact at me at 247-5813. Sincerely, Michael Grif m, O, CFM Building Official cc: Donna Bartle, City Clerk Kathy Stiles, Code Enforcement Officer Attachment S. Postal ServiceTM �CERTIFIED MAILT. RECEIPT —T CITY O� - Er �+ Cr u° .. J v fl_I v O P]Fee $ Certifie,1 i' Postmark Return Recei(Endorsement Req Here June 16, 2011 Restricted Delivery ee � (Endorsement Required) r- cO Total Postage&Fees CERTIFIED MAIL a ,:3 Sent o rq p Street Apt.No.; Ben Brown r— or PO Box No. --------------- ---------- 457 Sailfish Drive C�tY State,zi a ----------------------------------- Atlantic Beach, Florida 32233 RE: CODE ENFORCEMENT ORDER CASE#15311, 457 Sailfish Drive, Lot 1, Block 27, Royal Palms Unit 2A RE#171374-0000, Atlantic Beach, Florida Dear Mr. Brown: On June 15, 2011, an inspection was conducted on your property located at 457 Sailfish Drive to verify compliance with the Atlantic Beach Code Enforcement Board Order, copy enclosed, issued on May 10, 2011. The order required compliance by June 10, 2011. The inspection revealed the property remains in violation and compliance has not been achieved as required. Specifically, the open storage of tires, barrels, automobile parts, propane tanks, tools and debris, dilapidated fencing and lawn mowers still exists on the property. Please be advised you may appeal this determination to the City of Atlantic Beach Code Enforcement Board. Your request must be submitted in writing to the Atlantic Beach City Clerk's Office, 800 Seminole Road, Florida 32233, no later than thirty (30) days from the date of this letter. Failure to successfully appeal the determination will result in a fine being assessed against the property at 457 Sailfish Drive at $500.00 per day from June 10, 2011, until compliance is obtained. Should you have any questions,please contact at me at 247-5813. Sincerely, Michael Grif i , O, CFM Building Official cc: Donna Bartle, City Clerk Kathy Stiles, Code Enforcement Officer Attachment CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA CASE#15311 Petitioner, HAND DELIVERED vs. Benjamin Brown,Respondent Certified Mail Address: 457 Sailfish Drive 70091680 000106410021 Description: Royal Palms Unit 2A Lot 1,Block 27 RE#171374-0000 457 Sailfish Drive Atlantic Beach,FL 32233 ORDER EWPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on May 10,2011 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 owns the property located at 457 Sailfish Drive,Atlantic Beach, Florida. 2. That notice was posted and sent by certified mail and that Respondent was not present at the hearing. 3. That notification of the violations of the International Property Maintenance Code Section 302.5, Rodent Harborage and Section 302.7,Accessory Structures,and City of Atlantic Beach,Code of Ordinances,Chapter 12,Nuisances, Section 12-1(b)(7)and Chapter 24,Land Development Regulations, Section 24-104,Residential, Single family district(RS-1)(b)Permitted Uses were made and served on the Respondent as evidenced in this hearing. 4. Specifically,the property is infested with rodents;fencing is dilapidated; open storage of trash,debris, appliances,tires,barrels,lawn mowers,automobile parts,ladders,tools,propane tanks,welding tanks; and operating a junk/salvage business in a single family dwelling district at the aforementioned property. CONCLUSIONS OF LAW THAT Benjamin Brown is not in compliance and has failed to correct such violation as of this hearing date and this is a repeat violation. 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 come into compliance on or before 12:00 pm,June 10,2011. Failure to comply will result in fines of$500.00 per day for every day thereafter until compliance is met plus administrative costs. If the fine reaches$15,000,the Code Enforcement Board recommends that the City Commission authorize the filing of a lawsuit against Mr.Brown for injunctive relief or any other legal recourse available to the city. THAT failure to pay all accumulated fines will result in a lien being placed against the property at 457 Sailfish Drive fox 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. This Order becomes self-executing upon an Affidavit of Non-Compliance being filed with the City Received JUN 2 0 2011 Office of City Clerk -loor ......." I" / (ter i i i i i� CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA CASE#15311 Petitioner, VS. HAND DELIVERED Benjamin Brown,Respondent Certified Mail Address: 457 Sailfish Drive 7009 1680 000106410021 Description: Royal Palms Unit 2A Lot 1,Block 27 RE# 171374-0000 457 Sailfish Drive Atlantic Beach,FL 32233 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on May 10,2011 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 I. That the Respondent Benjamin Brown owns the property located at 457 Sailfish Drive,Atlantic Beach, Florida. 2. That notice was posted and sent by certified mail and that Respondent was not present at the hearing. 3. That notification of the violations of the International Property Maintenance Code Section 302.5, Rodent Harborage and Section 302.7,Accessory Structures, and City of Atlantic Beach,Code of Ordinances, Chapter 12,Nuisances, Section 12-1(b)(7)and Chapter 24,Land Development Regulations, Section 24-104,Residential, Single family district(RS-1)(b)Permitted Uses were made and served on the Respondent as evidenced in this hearing. 4. Specifically,the property is infested with rodents; fencing is dilapidated; open storage of trash,debris, appliances,tires,barrels,lawn mowers, automobile parts, ladders,tools,propane tanks,welding tanks; and operating a junk/salvage business in a single family dwelling district at the aforementioned property. CONCLUSIONS OF LAW THAT Benjamin Brown is not in compliance and has failed to correct such violation as of this hearing date and this is a repeat violation. 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 come into compliance on or before 12:00 pm,June 10,2011. Failure to comply will result in fines of$500.00 per day for every day thereafter until compliance is met plus administrative costs. If the fine reaches$15,000,the Code Enforcement Board recommends that the City Commission authorize the filing of a lawsuit against Mr.Brown for injunctive relief or any other legal recourse available to the city. THAT failure to pay all accumulated fines will result in a lien being placed against the property at 457 Sailfish Drive fox 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. This Order becomes self-executing upon an Affidavit of Non-Compliance being filed with the City 457 SAILFISH DRIVE-ITEMS THAT STILL NEED TO BE REMOVED FROM PROPERTY 6-9-11 BUCKETS, BARRELS& DRUMS TIRES WIRING, EXTENSION CORDS STILL SOME LUMBER OLD ROPE GAS CANS TANKS-PROPANE & OXYGEN MIL CRATES PVC PIPING FIRE EXTINGUISHER METAL BOXES,TOOL ETC. (SEVERAL LARGE &SMALL) DISCARDED CAR PARTS LAWN MOWER PARTS TRAFFIC CONES ONE SECTION OF WOODEN FENCE LEANING AGAINST BACK OF HOUSE OLD SINK (ON BACK PORCH) HOSES AIR COMPRESSOR STILL SOME SMALL ENGINES CABLES METAL LADDERS MECHANICAL EQUIPMENT POSSIBLY NON WORKING LAWN MOWERS `� raj�11'��r✓�� 1 CITY OF ATLANTIC BEACH J - 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 'vIJ3l PHONE (904) 247-5855 HAND DELIVERY Date: May 11, 2011 From: Kathy Stiles, Code Enforcement Name of Addressee: Benjamin Brown Address of Delivery: 457 Sailfish Drive Atlantic Beach, Florida Received By: Printed Name: C Date Served: v Time: y Comments: Code Enforcement Board Order—Hearing May 10, 2011 tall V�,•� n., a � C 0 r Kn ,ate � y w wo � fA w � CrJ 9 U-i (D rt CA dv ❑' ER tw N p Z p h W X Er ..� T ) p rLi bi - F+ I-zz +� r -1 ID -1 0 � 3" �7 ! r. o N UWTf4 I D O S dy -n (0 v 1 �o SID v N' � -4 _0 < s { N. 0 z m w N O�' V _ f CITY OF ATLANTIC BE Ro D s) 800 SEMINO J ATLANTIC BEACH,FL 32233 PHONE (904) 247-5855 HAND DELIVERr'r Date: April 27,2011 From: Kathy Stiles, Code Enforcement Officer Name of Addressee: Benjamin Brown Address of Delivery: Atlantic Beach,Florida Received By: U/ Printed Name: Time: Date Served: Comments: Code Enforcement Notice of Violation—Notice of Hearing ��rL`lr CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 PHONE (904) 247-5855 April 27, 2011 HAND DELIVERY Benjamin Brown 457 Sailfish Drive Atlantic Beach, Florida 32233 Dear Mr. Brown RE: Notice of Violation—Notice of Hearing International Property Maintenance Code, City of Atlantic Beach Code of Ordinances Dilapidated Fencing,Rodent Harborage, Illegal open storage 457 Sailfish Drive, Lot 1, Block 27, Royal Palms Unit 2A Atlantic Beach RE#171374-0000, Case#15311 Dear Mr. and Mrs. Chitty: Please be advised, Atlantic Beach Code Enforcement has found your property referenced above Chapter 6 International to be in violation of the City of Atlantic Beach, Code of Ordinances, Cha p Property Maintenance Code adopted and Chapter 12 Nuisances and Chapter 24 Land Development Regulations to wit: VIOLATIONS INTERNATIONAL PROPERTY MAINTENANCE CODE Section 302.5 Rodent Harborage. Alsrodentsearefound, the property shall be promptly kept ext free rminfrom at d rodent harborage and infestation. Where by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent infestation. (Property infested with rodents) Section 302.7 Accessory Structures.ed All accessory sound and in,good repair. (Fencing(Fencing is ges, fences and walls, shall be maintained dilapidated) CODE OF ORDINANCES—CITY OF ATLANTIC BEACH Chapter 12 Nuisances, Section 12-1(b)(7). For any person, either as owner or occupant of a building or structure, or property to utilize the premises of the property for the open storage of any abandoned or inoperable vehicles, refrigerators or other appliances, household furniture, glass,building material, building rubbish, ladders, tools, propane anrks,weld ng tantks)s, barrels, lawn mowers, automobile parts, Page 2 Brown—457 Sailfish Notice of Violation—Notice of Hearing Chapter 24 Land Development Regulations, Section 24-104. Residential, single family district (RS-1)(b) Permitted Uses. (operating a junk/salvage business in a single family dwelling district) (Remove all junk/salvage stored on the premises and cease operation and storage of junk and salvage) This letter requests that the noted violations be corrected by repairing or removing the dilapidated fencing, exterminate for the rodents and remove all trash, debris including but not limited to appliances, tires, barrels, lawn mowers, automobile parts, ladders, tools, propane and welding tanks, and junk and salvage, etc. stored in the yard and cease operation and storage of all items and in relation to your junk/salvage business and call for an inspection to verify compliance within five (5) days of this notice. A re-inspection will be done on or before May 2, 2011. 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. The hearing in your case is scheduled before the Code Enforcement Board on May 10, 2011, 6:00 p.m. City Commission Chambers, 800 Seminole Road,Atlantic Beach,Florida. It is our goal to enforce the codes and ordinances of the City of Atlantic Beach and protect the health, safety and welfare of the City, 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. cerel Kathy Stiles CODE ENFORC ENT OFFICER KS/dw Cc: Code Enforcement Board Secretary 457 SAILFISH DRIVE ra Ave. received a call from Debbie Monte who lives at 596 Seasp y awn mowers, On March 16,2011 I rec propane tanks,old I and is full of junk—tires, She stated that Mr. Balio drums,back r parts,appliance &numerous other items. The fence is in disrepair barrels,ladders,50 g erating a salvage business from this address. and thePlso felt that he was op so a letter was sent to the Chitty's At this time the property was owned by David &Catherine Chitty, s that existed. stating the violation 302.5 Rodent Harborage— international Property Maintenance Code Chapter 3 Section— Section-302.7—Accessory Structures(Fence was in disrepair City of Atlantic Beach Code of Ordinances ro erty for open storage, 1(b)(7) Nuisances—Cannot use p p le Family Chapter 12—Sec.12- This property is zoned RS-1—Sing ha ter 24—Land Development Regulations Sec.24-104— C p dwellings. It appears to being used for operating ajunk/salvage business. The letter requested that all noted violations be corrected by • Repairing or removing dilapidated fence • Exterminate for rodents arts,ladders, tires, barrels,lawn mowers,automobile parts, & Remove all trash&debris fiances, and&cease op • Including but not limited to app junk&salvage etc.stored in the y inspection to verify tools, propane &welding tanks&j business&call for an e of all items in relation to your junk/salvage storage f this notice. compliance within ten(1o)days o ca or ro ke with Mike Gri n als . A n s im r.Brown ca Benjamin Brown. at 457 Sailfish was Qu►t Claim Deeded to Mr.Beni Code On March 24`n,2011 the property for the cn livered Mr.Brown a Notice of violation&Notice of Hearing On April 27 I hand de Enforcement Board on May 10,2011. tH I also took pictures of the back yard on April 27 Page 2 Brown—457 Sailfish Notice of Violation—Notice of Hearing Chapter 24 Land Development Regulations, Section 24-104. Residential, single family district(RS-1)(b) Permitted Uses. (operating a junk/salvage business in a single family dwelling district) (Remove all junk/salvage stored on the premises and cease operation and storage of junk and salvage) This letter requests that the noted violations be corrected by repairing or removing the dilapidated fencing, exterminate for the rodents and remove all trash, debris including but not limited to appliances, tires, barrels, lawn mowers, automobile parts, ladders, tools, propane and welding tanks, and junk and salvage, etc. stored in the yard and cease operation and storage of all items and in relation to your junk/salvage business and call for an inspection to verify compliance within five(5) days of this notice. A re-inspection will be done on or before May 2, 2011. 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. The hearing in your case is scheduled before the Code Enforcement Board on May 10, 2011, 6:00 p.m. City Commission Chambers, 800 Seminole Road,Atlantic Beach, Florida. It is our goal to enforce the codes and ordinances of the City of Atlantic Beach and protect the health, safety and welfare of the City, 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. cerel Kathy Stiles CODE ENFORC ENT OFFICER KS/dw Cc: Code Enforcement Board Secretary � V, -F ss' CITY OF ATLANTIC s) 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 PHONE (904)247-585 April 27,2011 HAND DELIVERY Benjamin Brown 457 Sailfish Drive Atlantic Beach,Florida 32233 Dear Mr. Brown RE: Notice of Violation—Notice of Hearing International Property Maintenance Code, City of Atlantic Beach Code of Ordinances age Dilapidated Fencing,Rodent Harborage, illegal or Atlantic Beach 457 Sailfish Drive,Lot 1,Block 27,Royal Palms Unit RE 4171374-0000, Case#15311 Dear Mr. and Mrs. Chitty:Atlantic referenced above Please be advised, Beach Code Enforcement has found your propert y to be in violation of the City of Atlantic Beach, Code of Ordinances, Chapter 6,International Maintenance Code adopted and Chapter 12 Nuisances and Chapter 24 Land Property M ulations to wit: Development Reg VIOLATIONS INTERNATIONAL PROPERTY MAINTENANCE o shall kept free from e All structures an Shall be promptly exterminated Section 302.5 Rodent Harborage. proper Y rodent harborage and infestation- not be injurious o human health. After extermination, p by approved processes which will prev infestation (Property precautions shall be taken to eliminate rodent harborage and p infested with rodents) detached garages, Section 302.7 Accessory Structures. All accessory structures,including in repair.. (Fencing is fences and walls, shall be maintained structurally sound and in good dilapidated) EACH CODE OF ORDINANCES—CITY either as owner r occupant of a Chapter 12 Nuisances,Section 12-1(b)(7). For y person, for the open storage of building or structure, or property to utilize the premises of the property appliances,household furniture, debris, appliances, tires, any abandoned or inoperable ldinh rubbish,roresamilar tems.r(tash, welding tanks) glass,building material,building tanks, barrels,lawn mowers, automobile parts,ladders,tools, Propane Page 2 Brown—457 Sailfish Notice of Violation—Notice of Hearing Chapter 24 Land Development Regulations, Section 24-104. Residential, single family district(RS-1)(b) Permitted Uses. (operating a junk/salvage business in a single family dwelling district) (Remove all junk/salvage stored on the premises and cease operation and storage of junk and salvage) This letter requests that the noted violations be corrected by repairing or removing the dilapidated fencing, exterminate for the rodents and remove all trash, debris including but not limited to appliances, tires, barrels, lawn mowers, automobile parts, ladders, tools, propane and welding tanks, and junk and salvage, etc. stored in the yard and cease operation and storage of all items and in relation to your junk/salvage business and call for an inspection to verify compliance within five (5) days of this notice. A re-inspection will be done on or before May 2, 2011. 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. The hearing in your case is scheduled before the Code Enforcement Board on May 10, 2011, 6:00 p.m. City Commission Chambers, 800 Seminole Road, Atlantic Beach, Florida. It is our goal to enforce the codes and ordinances of the City of Atlantic Beach and protect the health, safety and welfare of the City, 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. AKathy; ,y (T066 Stiles CODE ENFORCEMENT OFFICER KS/dw Cc: Code Enforcement Board Secretary Jz/ Doc # 2011072309, OR BK 15558 Page 756, Number Pages: 1, Recorded 03/30/2011 at 04:13 PM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $10.00 DEED DOC ST $259.00 Mar. 24. 2011 11:39AM wi I I iam g. nee No.9032 P. 2 THIS RNSTRIINIEKr PREPARED BY WILLIAM 0.NOE,JR.,ESQUIRE 599 ATLANTIC BOULEVARD.SUITE 6 ATLANTIC PIFACH,FLORIDA 37233 (904)249.7241 TITLE NEITHER EXAMINED NOR APPROVED ,�3Gt 4s3.7s QUIT CLAIM DEED THIS INDENTURE,made this OLP day of March,2011,between DAVID CHITTY and CATHERINE CHITTY,his wife,whose mailing address is P.O.Box 187,Melrose,Florida 32666,party of the first part,and BENJAMIN BROWN,JR.,whose address is 457 Sailfish Drive,Atlantic Beach,Florida 32133,pairty of the second part, WIBTH: That the said party of the first part,for and in consideration of the suns of Ten Dollars($10.00)in hand paid by the said party of the second part,the receipt whereof is hereby acknowledged,has remised,released and quitclaimed,and by these presents does remise,release and quitclaim unto the said party of the second part all the right,title,interest,claim and demand which the said party of the first part has in and to the following described lot,piece or parcel of land,situate lying and being in the County of Duval,State of Florida,to wit: Lot 1,Block 27,ROYAL PALMS, UNIT 2A,according to plat thereof recorded in Plat Book 31,Pages 1,IA,1B,IC and 10,of the cunTwt public records of Duval County, Florida. Parcel IDH 171374-0000 SUBJECT TO all encumbrances, taxes, conditions, restrictions, limitations, ratervations, easements, and other matters of record, this reference to which shall not operate to reimpose the same. TO HAVE AND TO HOLD,the same,together with all and singular the appurtenances thereunto belonging or in anywise appertaining and all the estate,right,title,Interest and claim whatsoever of the said party of the first part,either in law or equity, to the only proper use,benefit and behoove of the said party of the second part. IN WITNESS WHEREOF,the said party of the first part has hereunto set her hand and seal the day and year first above written Igne ,Sealed and Deli v red , n O r Presence: Witness DAVID CHI Printed Name of Witness CATHERINE CHM �LCA �1�ny Printed f9ame of Witness STATE OF FLORIDA COUNTY OF„LAGMA The foregoing instrument wHt kn cd before me this,�day of March,2011, by DAVID CHITTY and CATHERINE CH is wife he Grantor,who are personally known to me, or who produce Iw p'rd t4 as t lion, an who did not ke an oath. PUBLIC ,MRne (AURA W.fiIQHARDSON � CommisOctobWD8,2012 txaires OctahM'a 2012 Property Appraiser- Property Details Page 1 of 2 BROWN BENJAMIN JR Primary Site Address Official Record Book Pacle Tile* 457 SAILFISH DR 457 SAILFISH DR 15558-00756 9417 ATLANTIC BEACH, FL 32233 Atlantic Beach FL 32233 457 SAILFISH DR Property Detail Value Summary RE# 171374-0000 2010 Cert� 11 ed 20 In Progress Tax District USD3 Value Method CAMA CAMA property-Vise 0100 SINGLE FAMILY Total Building Value $64,723.00 $57,720.00 #of Buildings 1 Extra Feature Value $238.00 $189.00 31-1 38 2S-29E Land Value(Market) $70,000.00 $70,000.00 Legal DesG ROYAL PALMS UNIT 2 A Land Value _(Agric.) $0.00 $0.00 -Subdivision 03122 ROYAL PALMS UNIT 02A Just(Market)Value $134,961.00 $127,909.00 The sale of this property may result in higher property taxes.For more Information go Assessed Value $134,961.00 $127,909.00 to Save Our Homes and our Property Tax Estimator.Property values,exemptions and 'Cap Diff/Portability Amt $0.00/$0.00 $0.00/$0.00 other information listed as'in Progress'are subject to change.These numbers are part of the 2011 working tax roll and will not be certified until October.Learn how the Exemptions $0.00 See below Property AoDraisel'S Office values property. Taxable Value $134,961.00 See below 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 No applicable exemptions No applicable exemptions No applicable exemptions Sales History Book/Page Sale Date Sale Price Deed Inslrument_. a Code ualified.Uq wal ed Vacant/improved 15558-00756 3/24/2011 $37,000.00 QC-Quit palm 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 06182-00520 8/22/1986 $100.00 QC-Quit palm _ Unqualified Improved 06182-00521 8/9/1986 $100.00 MS-Miscellaneous Unqualified Improved 06175-00144 8/9/1986 1$100.00 WD-Warranty Deed Unqualified — Improved 03147-00782 9/30/1970 $18,000.00 MS-Miscellaneous Unqualified Improved Extra Features LN I Feature.Code Feature Description Bldg. Length Width Total Units I Value _17 SCPR2 Screen Porch 1 8 4 32.00 I$189.00 Land&Legal Land Le al LN Code Use Description Zonin Front Depth Catego Land Units Land Value LN Le al Description 1 0100 RES LD 3-7 UNITS PER AC ARS-1 106.00 123.00 Common 1.00 $70,000.00 1 31-138-2S-29E 2 ROYAL PALMS UNIT 2 A 3 LOT 1 BLK 27 Buildings Building 1 Building 1 Site Address Element Code Detail _ 457 SAILFISH DR Exterior Wall 6 _ 6 Vert Sheet Siding Atlantic Beach FL 32233 —— Exterior Wall 20 � 20 Face Brick ---I Building Type 0101-SFR 1 STORY SOH Roofing Structure 3 3 Gable or Hip Roofing Cover 3 3 Asph/Comp Shingle �° BAS ri Year Built 1970 — J ADT Interior Wall 5 5 Drywall _Tgpe Gross Area Heated Area Int Flooring 6 6 Vinyl Asbestos Base Area 1220 1220 Heating Fuel _ 3 _ 3 Gas Unfinished Storage 91 0^� Heating Type 4 4 Forced-Ducted _ Addition 286 286 Air Conditioning 1 T 1 None Finished Open Porch 16 0 Total 1613 1506 Element Code Stories 1.000 _ Bedrooms 3.000 Baths 2.000 Rooms/Units 11.000 • • JDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY em4 if Items a 2,and 3.Also complete ateo —�� em 4 if Restricted Delivery is desired. ❑Agent ut rn rrint your name and address on the reverse ❑Addressee m rT1 o that we can return the card to you. B. Received by(Printed m) C. v ry a7 dtach this card to the back of the mailplece, rr on the front ifs P ace permits. L d u' D. Is delivery address different item 1 ❑ s � postage $ reticle Addressed to: If YES,enter delivery address below: ❑ No p certified Fee ru Fee O Return Receipt [:] (Endorsement Required) Restricted Delivery Fee CJ (Endorsement Required) 3. Service Type C` ❑Certified Mail ❑Express Mail r;•D Total postage&Fees ❑Registered ❑Return Receipt for Merchandise r-1 Sent o 1Y-311 ❑ Insured Mail ❑C.O.D. � Sireel,Apt.No.; 4. Restricted Delivery?(Extra Fee) ❑Yes / ----- f'- or PO Box No• krticle Number City Siaie,ZIP+i Transfer fromsen� 701,0 1870 0032 0629 8335 r :r Form 3811,Fe ary 4 Domestic Return Receipt 102595-02-M-1540 l * * * * a x (D ce 0 o S a o m r-r);;a rri -rn m -S W % % G7 %• :F lD x• %Q-�+ -S O a �- c+ N C 0 (D (D x • -1 r- U7 O \ :E x- O % * D Y x• O 7- x• -0 C.(D a N C U) Cr-t rt 10 V U) pa 0 a o.s x �c w x o - c-1 Cr C w or+o yC V t * rt E >E m -• x * w o x x rr 0• .. r+o -t o r N � \ X• >F O %• %, C VJ N r•-+ x' %•O `F % - i=3 rA cl)% :F :E J U) -Y x• + c, ct rt rt• .� O 3 j 7 h O J rn v c+ N 'j C3=r :E �E 3 a O % -•-n 3 k % ell 3 3 Q 0 U) r— O N a rn r+ _ :F W U1 (D O :E %7 C W :F Y,-�•�'tf-0 .. -o -a O U) 7 -i % r- rt rn % *7 to N :F %•(D �- % % N Ul O r+N W r % %C r- 10 r % :F R.-h O >F x• N •� X %-rr-O A y r-N >f %o (n o x x o --, w >E *w x" e a a rt .. m rn r- z > F c CD f F� rn x �+ G7 ...� I r C7 % %•70 N N \ C %• %O 7 LJ >[• % O %• H 7 (4 (D It Or1 t0 A C F x + \ (n > � mw xCmm t x11 (D m -t m rn oW WMM Vl :F rF O �y :F % C .p % %vJ c+7 % %s+ O N (D •G -s N w AWN r O O N t %•-h t1 OD k :F-O :F % 7 .. 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O n-n (D to rn l�.N W S -% % :F t-r X !L C x• %0 -h 0- %• %• O1 Ci ,-+ w 2 r CD .-•W W( W x s o o rn x Esc rt UJ x o x %(� �c 0 o -Y N z r W to=a % Z rn C O) % O W rt % %3 0 < � �d ul N 3 r--+ a (D N to PU O x -C :F C m Pr R %\(D S % %• -v\ O —O C 0 O r OD (--f o >E � + (-: v o E-s a3 %v (D x t�J NUl v w a >F x o rn;U m c x x v % to o� F ? m No ❑_a.z -1 o m m E % a C) (D x x.�rt n o o° N (� rr'a °'too o v x *o x x t r =o -0 o o m rt OD -S o E x-( rn r*r m rn E *0 -1 ru x t x k >f too s o x F rn 0 -( x a x x-(n (n s` % x o o (� -S CD , • ,� w In %m m-0 x in f e x>-r+ n N E n x %mrno F F (nw0 o n w to cn to ao w C• UJ 40+ V+H+W tRER tfr -f N % % %' (>� % % x• %to _� O O to to N N O 7 O Pj UI O V1 'o O O(sr OD W A O) y �' C) C3-M CD C) a = lr 1 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 '�Js3I PHONE (904) 247-5855 March 17, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED David and Catherine Chitty P.O. Box 187 Melrose, Florida 32666 RE: Notice of Violation—International Property Maintenance Code, City of Atlantic Beach Code of Ordinances Dilapidated Fencing, Rodent Harborage, Illegal open storage 457 Sailfish Drive, Lot 1, Block 27, Royal Palms Unit 2A Atlantic Beach RE#171374-0000, Case #15311 Dear Mr. and Mrs. Chitty: 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 12 Nuisances and Chapter 24 Land Development Regulations to wit: VIOLATIONS INTERNATIONAL PROPERTY MAINTENANCE CODE Section 302.5 Rodent Harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent infestation. (Property infested with rodents) Section 302.7 Accessory Structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. (Fencing is dilapidated) CODE OF ORDINANCES—CITY OF ATLANTIC BEACH Chapter 12 Nuisances, Section 12-1(b)(7). For any person, either as owner or occupant of a building or structure, or property to utilize the premises of the property for the open storage of any abandoned or inoperable vehicles, refrigerators or other appliances, household furniture, glass, building material, building rubbish, or similar items. (trash, debris, appliances,tires, barrels, lawn mowers, automobile parts, ladders, tools, propane tanks,welding tanks) Chapter 24 Land Development Regulations, Section 24-104. Residential, single family district (RS-1)(b) Permitted Uses. (operating a junk/salvage business in a single family dwelling district) (Remove all junk/salvage stored on the premises and cease operation and storage of junk and salvage) This letter requests that the noted violations be corrected by repairing or removing the dilapidated fencing, exterminate for the rodents and remove all trash, debris including but not limited to appliances, tires, barrels, lawn mowers, automobile parts, ladders, tools, propane and welding tanks, and junk and salvage, etc. stored in the yard and cease operation and storage of all items and in relation to your junk/salvage business and call for an inspection to verify compliance within ten (10) days of this notice. A re-inspection will be done on or before March 31, 2011. 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 enforce the codes and ordinances of the City of Atlantic Beach and protect the health, safety and welfare of the City, 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. Sin Tely, Kathy Stile CODE ENFORCEMENT OFFICER KS/dw Cc: Ben Brown, tenant J,3' CODE ENFORCEMENT LETTERS Case# l a J/ r Address of Violation: Property Owner. Phone# Letter Addressed to: �� y � P o ff/ W7 Action Taking: Letter of Violation Notice 1----te—tter of COEB Notice: Re-inspection Date: Information needed in letter: JJT i C e L 1 � ' me 36D.6 v� nce investigation Form Complia D Time of Request: Date of Request: 9 stigation# �� --- Lie of Person Maldn-g Request: 9 Phone# cress: restigation TYpe: .56 ip c i jolati®n: Address) ®f V Lor ti®n( P �nBoer: \ Pr®pew Owner Ph®nc Nnnnn�scn: Invcstigator: Request Taken DAY: Action Taken: C®nnnp➢n ncc: RE#: Legal Description: Oct 9 2009 r. �P Enforcement\ComPlianOe In°estieation F°rm•dO6 December 20, 2006 Background for Mr. Benjamin Brown Appeal Found in violation Chapter 12, Sec 12-1-3 Weeds and Rubbish, no fine 1. September 8, 19 ro rty had been brought into compliance, board voted to impose a $100.00 a imposed because ProPe� h liance again, fine to commence from first notification until brought day fine if found in non-comp into compliance 2, September 7, 1999 Found in violation of Chapter 12, fine if not bro ght into outside complian e, impose a $500.00 a day fine, fine to commence from first assessed administrative fees only, oted toi mp oted $250.00 a ay e, fin accrued to $4,500.00. ht and compliance. Fine accumulated to $4, notification until brought 3. January 11, 2000: Found in violation of previous Board order, $4,500 fine reduced to $325.0 mpliance was never verified because of privacy fence plus administrative fee of $174.58. Co installation. eat offender of Chapter 12, stating a Chapter 12, 500.00 as a re 4. May 1, 2001: Found in violation and fined and Chapter 24, Section 24-104 operating future violations. Sec 12-1 (b) (7) illegal outside storage, business in a residential neighborhood. All fines were deferred pending Assessed $815.50 in administrative fees. No of Violation for of properly tember 9, 2003: Issued 19 Courtesy 1, 2001 — SeP a ora a and 3 for an unkempt lawn. 5. May -- fertc i allen down maintaining his property, 5_foulle_a_al c �. ivacy. va c no a eri e - eca _rubb�.a h�'em� .��ny of these notices were issued as a result of anonymous is are g complaints, the complaints continue and so have the violations• ' violation of conducting a junk business n a 10i% per annum. 6. September 9, 2003: Found in laced on property for non-payment fined $8,049.62 as a repeat offender. Lien p As of November 14 2006 owes 7 750.00 lus interest. of Violation for not properly 2, 2005: Issued 9 Courtesy Notices 3 trailers in the yard, 7. September 9, 2003 s May unk. the yard, 1, inoperative car, 1 for having his property, 2 for j maintaining and 1 for a shed permit, l dilapidated fence, and 1 for two unregistered 1 lawn needing cutting, a vehicles. violation as repeat offender of illegal outside storage and conducting 8. to 8. April 12, 2005: Found in plus $589.16 for administrative fees. Given until lance is met. salvage business. Fined $1,000 p there after until comp bring property into compliance with a fine of$200.00 a day trailer home full of scrap is still not in compliance. owner ok 583 days forbidden all f fine bring ius interest owed. Property materials. Given 21 days to com IY t eltool sheds and unsound permit for his 3 storag permitted storageltool 9 July 12, 2005: Found in violation of No building P and limit himself to 1 P fine until Required to repair, replace or remove fencing fencing. ust 11, 2005. Non-compliance will result in $250.00 a day shed not later than Aug 30 da s to comp took 185 da s total fine 38 750.00 lus interest compliance is met. Given owed. p,s of Nove mbar 14 2006 dotal of un aid finite $159,689.00 Property Appraiser-Property Details Page 14 2 CHITTY DAVID Primary Site Address Official Record Book/Page Tile# P 0 BOX 187 457 SAILFISH DR 13797-01581 9417 MELROSE,FL 32666 Atlantic Beach FL 32233 CHITTY CATHERINE 457 SAILFISH DR Properly Detail Value Summary RE# 171374-0000 _ 2010 Certified 2011_In_Progress Tax District USD3 — Value Method CAMA CAMA Property_Use 0100 SINGLE FAMILY Total Building Value $64,723.00 $64,260.0 #of Buildings 1 --Extra Feature Value $238.00 — $207.00 — 31-1 38-2S-29E _ Land Value(Market) $70,000.00 $70,000.00 Legal Desc. ROYAL PALMS UNIT 2 A _ Land Value(Agric.) $0.00 $0.00 Subdivision _ 03122 ROYAL PALMS UNIT 02A Just(Market)Value $134,961.00 $134,467.00 The sale of this property may result in higher property taxes.For more information go — w Assessed Value $134,961.00 $134,467.00 to Save Our Homes and our Property Tax Estimator.Property values,exemptions and Cap Diff/Portability Amt $0.00/$0.00 $0.00/$0.00 other information listed as'In Progress'are subject to change.These numbers are ---- part of the 2011 working tax roll and will not be certified until October.Learn how the _ Exemptions $0.00 See below Property Appraiser's Office values property. Taxable Value $134,961.00 See below 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 No applicable exemptions No applicable exemptions No applicable exemptions Sales History Book/Page Sale Date Sale Price Deed Instrument Type Code _ Qual�ed/Ungualified Vacant/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_ 06182-00520 8/22/1986 $100.00 QC-Quit Claim Unqualified _ — Improved 06182-00521 8/9/1986 $100.00 1 MS-Miscellaneous Unqualified Improved 06175-00144 8/9/1986 $100.00 WD_Warranty Deed _ Unqualified --�-- Improved 03147-00782 9/30/1970 $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 14 32.00 $207.00 Land&Legal Land Legal LN LCode Use Description Zoning Front Depth Category Land Units Land Value LN Legal Description 1 0100 RES LD 3-7 UNITS PER AC ARS-1 1 106.00 123.00 1 Common i 1.00 —+ $70,000.00 1 31-1 38-2S-29E 2 ROYAL PALMS UNTF 2 A 3 LOT 1 BLK 27 Buildings Building 1 Building 1 Site Address Element Code Detail _ 457 SAILFISH DR Exterior Wall 6 6 Vert Sheet Siding Atlantic Beach FL 32233 -- -- — Exterior Wail 20 20 Face Brick —� UST Building Type 0101 SFR 1 STORY SOH Roofing Structure 3 -- 3 Gable or Hip Bu Roofing Cover 3 3 Asph/Comp Shingle AS Year Built ! 1970 ----- qoT Interior Wall 5 5 Drywall I T e Gross Area Heated Area Int Flooring 6 6 Vinyl Asbestos r J Base Area 1220 1220 Heating Fuel 3 3 Gas _ Unfinished Storage 91 0 Heating Type 4 4 Forced-Ducted Addition 286 286 Air Conditioning 1 1 None Finished Open Porch 16 0 Total 1613 1506 Element Code Stories 1.000 Bedrooms -- Baths 2.000 _ Rooms/Units 1.000 Doc # 2007042695, OR BK 13797 Page 1581, Number Pages: 1, Filed & Recorded 02/06/2007 at 11:27 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $10.00 DEED DOC ST $142.80 This Warranty Deed Made this 1st day of February A.D. 2007 by BENJAMIN BROWN, JR., a single man 457 Sailfish Drive Atlantic Beach, Florida 32233 hereinafter called the grantor,to DAVID CHITTY and CATHERINE CHITTY, husband and wife whose post office address is: P.0. Box 187 Melrose, Florida 32666 hereinafter called the grantee: (Whenever used herein the term"grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations) Witnesseth, that the grantor,for and in consideration of the sum of$ 10.0 0 and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises, releases,conveys and confirms unto the grantee,all that certain land situate in Duval County,Florida,viz: Lot 1, Block 27, ROYAL PALMS, UNIT 2A, according to plat thereof as recorded in Plat Book 31, Pages 1, 1A, 1B, IC and 1D, of the current public records of Duval County, Florida. SUBJECT TO covenants, restrictions, easements of record and taxes for the current year. Parcel Identification Number: 171374-0000 Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants With said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2006 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivere n o presence: °"` r` BENJAMIN B100WN, JR. TZELL ��r<,.: LS n N.—&Addre.,: I� .,,.. �&TdArc State of Florida County of Duval The foregoing instrument was acknowledged before me this 1st day of February 07,by BENJAMIN BROWN, JR. who is personally known to me or who has produced as identification. Driver's License &�-All J Notary Public Print Name: My Commission Expires: PREPARED BY: WILLIAM G. NOE, JR. RECORD & RETURN TO: ""°L WILLIAM G. NOE, JR. "iI{fIaR1 G.Noe,Jr. wD-t Commission#DD346732 593 599 ATLANTIC BOULEVARD, SUITE 6 xpiresAugust22,2008 ATLANTIC BEACH, FL 32233 �•v •' &,dedtrgrein msuan... 800ww,r File No: 07-457 - Prepared by,and Record and Return to: Doc#2009220334,OR BK 15003 Page 1656, Domia Bartle Number Pages:2 City Clerk's Office Recorded 09;14/2009 at 12:09 PM, Atlantic Beach, FL 32233 Seminole JIM FULLER.CLERK CIRCUIT COURT DUVAL Atl COUNTY RECORDING$18.50 CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA CASE NO.:#824.1-09 Petitioner, VS. Mr.Benjamin Brown Respondent Address:457 Sailfish Drive Description: Lot 1,Block 27,Royal Palms Unit 2A RE# 171374-0000 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on August 11,2009 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 Mr.Benjamin Brown resides at the property located at 457 Sailfish Drive,Atlantic Beach,Florida. 2. That notice was sent certified mail on August 4,2009 and that Respondent was present at the hearing. 3. That notification of the violations of Chapter 12,See 12-1 (b)(7); Chapter 12,Sec 12-1 (b) (6); Chapter 24,See 24-163(b)(1); Chapter 24,Sec 24-104 were made and served on the resident as evidenced in this hearing. CONCLUSIONS OF LAW THAT Mr.Benjamin Brown is not in full compliance and has failed to correct such violation as of this hearing. 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 be found guilty as a repeat offender,and must come into compliance by 12:00 pm,thirty(30)days within receipt of this notice. Respondent is fined $500.00 per violation and assessed Administrative fees of$313.98 for a total of$2,313.98. THAT ouuinits are o be made payable at an interest rate oft (10)percent per nmun from All lien am date of certification until paid. This Order becomes self-executing upon an Affidavit of Non-Compliance being filed with the City Cleric's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 12th day of August 2009. CITY OF ATLANTIC BEACH,FLORIDA CODRCE BOARD By: Ron Pendleton,CEB Vice Chainnan Attest: `rte) Susan Gorman, Secretary ATTENTION• It is your responsibility to notify Alex Sherrer,Code Enforcement Officer, at 247-5855 and satisfactorily demonstrate that the violation has been corrected. StAU(}F FLOR1 A CUa1t3 tY p S goen4o(O[affirmed)and subscribed before me thiis y �Y�t t n v� DONNA �' ber 20 0 9 by Ron �' `� `": My coMMlssloN# DD sW4 �� (Notary �) EXPIRES:March 30 2013 Bonded Thru Notary PubHo Underwhers ignature,of Notary Personally known �!or Produced identification Type of identification produced i n��uA.� ►tivt.Q-�' 3L� ��-- 24 t o L4 I ' i 1 1 1 I �I III 1 �f i I I i i 1t 1 i I� I' 1' I i a I� I i }y �li iII t I I t l I! � � v i � i L Q i � r f` l l Ig i . i 4. _ — _ lei ✓C... , i c { CLLk Tops, 1 .5b } so. '�'`� YA 4 � I CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES 7:00 P.M.,August 11,2009 PRESENT: Vice Chairman Ron Pendleton Veda Bernstein Juliette Hagist Ray Martin Richard Ouellette Barbara Weiss EXCUSED: Chairman Carl Russell Nicholas Dodaro AND: Alex Sherrer,Code Enforcement Officer Susan Gorman,Secretary Suzanne Greene,Prosecuting Attorney Alan Jensen,City Attorney Vice Chair Ron Pendleton called the meeting to order at 7:00 p.m.,followed by the Pledge of Allegiance to the Flag by all present. Secretary Susan Gorman read the roll and determined that there was a quorum. 1. Approval of Minutes:Following a brief review,the Board voted unanimously to approve the minutes of the Code Enforcement Board meeting of July 14,2009. 2. No visitors noted. Vice Chair Pendleton asked all Respondents and witnesses to step forward to be sworn in. 3. OLD BUSINESS: a. Case#429-08: Code Enforcement Officer Alex Sherrer advised the Board that Mr.Fred Cazares applied for a building permit and is in full compliance. b. Case#427-08:Code Enforcement Officer presented evidence of Rena Konig efforts to come in compliance,and recommended that the Board grant the owner of 981 Sailfish Drive more time to meet full compliance.Discussion ensued. Ray Martin motioned to recreational boat storage. b. Case #824.1-09: The Code Enforcement Officer gave his presentation to the Board regarding the condition of the property located at 457 Sailfish Drive. Mr. Benjamin Brown is not the legal owner of the property at 457 Sailfish Drive, but appeared before the the Code Enforcement Board to respond to notice of repeat violations. The Code Enforcement Officer recommended Mr. Brown be found guilty and that Mr. Brown is subject to maximum fines allowed for repeat violations if found guilty. Discussion ensued. The Board determined that Mr. Brown's business activities run contrary to zoning for 457 Sailfish Drive. A motion was made to accept the Code Enforcement Officer's recommendation and the motion passed unanimously. c. Case#824.2-09: David and Catherine Chitty, owners of the property at 457 Sailfish Drive received notice to appear before the Board and Catherine Chitty took questions from Board Members regarding the violations associated with the property at 457 Sailfish Drive. Mrs. Chitty was advised that liens could be placed on the property if Code Enforcement violations continue and if Mr. Benjamin Brown fails to meet full compliance. Code Enforcement Officer Sherrer recommended that David and Catherine Chitty be found guilty and fined as first time offenders. A motion was made to accept the Code Enforcement Officer's recommendation and the motion passed unanimously. August 11,2009 Page 3. 5. Miscellaneous Business: None. 6. Adjournment: There being no further discussion,the meeting adjourned at 8:02 p.m. �� o1JrYiAM Ron Pendleton,Vice Chair Susan Gorman,Secretary aF� a 'f 3 ' t _ i it E1 � i �i Aso i 4 i { 1 a f 1 C C- C Cam-- �C-►�� C ' 4 f Ll C)4 - P 7C f - � r � -� - I� I. y � I 1 ! itI � 1 a 6` I l - ii!. • I I; 1-AJ'�"1 i �,! Iii. 4 t tt'',.y��"n FCnm„n AZY <s �"��` ITEMS THAT NEED TO BE REMOVED FROM BACK YARD—BEN BROWN 457 SAILFISH DRIVE �. All barrels&buckets J Tires - � not in working order All yard equipment that is ✓. Wires Old lawn chairs&cushion T — Piles of lumber - ✓• Old rope �. Discarded gas cans Air-conditie m uoi Metal/steel tanks(Propane) — C-arrsof-spray pain Milk crates � r PVC piping Pile of wood (tree limbs) ✓• Fireishers 41e '' ✓ Metal boxes -E0eleF4 .f Discarded car parts Old discarded lawn mowers&parts - AR Oid�a .3f►at any rusted metal boxes • TaAA • Paint cans ffinrA=twe—f� ✓. Metal tool boxes-- ✓. Traffic cone old discarded tool boxes-- 9 ydTasted-ch� s vets ete} _ n care an ls;(fs° . pig rded se io�� nc w d an eta ,,Metal ladders - .-�i�e-sage�(traA� JMechanical equipment Idin atrial det iorat ITEMS NOT CUSTOMARILY ASSOCIATED WITH RESIDENTIAL OCCUPANCY 5-9-11 /All tires ,./All buckets&barrels_&drums - I� J4-t�—Pile of branches&limbs /Old sinks(I believe there are four) — 1 � - vim- ✓ All milk crates - ?,� 1//PVC piping -Suitcase ,B ro ken-diseaf-d ed-gatee 01d=1vt�ve-red=door ✓traffic cones - � Old hose - p,j��rrlPrl h�tinr.�t�f`t-?f3.k Aik mAzkenwd ./Red welding tank/oxygen tanks Air compressor A _ , ,Coat ' r -Hating-eil-EBarxels_Lbeli�ve- - + ngines-Carborators S-4 AV'r-ing Cables ains, cords Mom - vlacks AGENDA ITEM#10A October 24,2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING CITY ATTORNEY REPORT AGENDA ITEM: Filing of foreclosure suit on a code enforcement lien SUBMITTED BY: Alan C. Jensen, City Attorney DATE: - er 18, 2011 BACKGROUND: On May 10, 2011, e City of-Atlantic Beach Code Enforcement Board (CEB) found Benjamin Brown (Respondent) in viola 'on of the International Property Maintenance Code. The Respondent was in violation by k ing, in ope storage, items such as debti;s, appliances, tires, barrels, lawn mowers, automobile parts, ladders, oo s, propane tanks, welding tanks and operating ajunk/salvage business in a single family dwelling district. The CEB ordered the'property at 457 Sailfish Drive to be brought into compliance on or before June 10, 2011,or'a fine of$500.00 a eday be imposed for each day the property was in violatio rder Imposing Fine was entered,by the CEB arid,recorded in the official records of Duval Co , Florida, an he CEB recommended to the City Commission that suit be filed if the fine reaches $15,000.00. On July 12, 2011, after, espondent requested an appeal of the May 10, 2011, Order, the CEB conducted a public hearing, includi g=hearing from Respondent,>and denied the appeal. An Order was entered by the CEB eff ctive July, , 201 L As of this"date, the fine as still in effect and the Respondent has not called for an inspection as requested. Both OT'deIrs have been properly recorded in the Duval County records as required. The $500.00 a day fine as of this datelas reached approximately'$65,000.00 RECOMMENDATION: File,s'uit to foreclose the CEB lien on the property at 457 Sailfish Drive. ATTACHMENTS: Code Enforcement Board Orders dated May 10, 2011 and July 12, 2011. REVIEWED BY CITY MANAGER: MR430I01 City of Atlantic Beach 2/01/10 Miscellaneous Receivables Inquiry 15: 15: 04 Customer ID . . . . 115 Name: Brown, Benjamin Last statement 2/01/10 Addr: P.O. Box •51513 Last invoice 8/12/09 JAX BEACH, FL 32240-1513 Current balance 151, 774 . 81 Pending . . . . . . . 00 Status : A ACTIVE Previous balance 151, 774 . 81 Type: Code Enforcement Deposit balance . 00 Type options, press Enter. Open Activity 1=Select Opt Code Description Current Overdue Total due CE001 Code Enforcement Fines . 00 151774 . 81 151774 . 81 Bottom F3=Exit F7=Pending activity F8=Charge hsty F9=Payment hsty F10=Combined detail F11=Invoice inquiry F12=Cancel F13=Auto charges F14=Deposit detail F20=Print Activity Listing F21=Other tasks ` J. ALAN C.JENSEN Attorney at Law �1 935.North Third Street Jacksonville BesEh,Florida 32250 Mailing Address: Telephone: (904)246-2500 Post Office Box 50457 Facsimile:(904)246-9960(caU first) Jacksonville Beach,FL 32240-0457 E-Mail:Alan@AJensenLaw.com Received April 9,2013 APR 12 2013 Paul M.Eakin,Esquire office of city clerk 599 Atlantic Boulevard, Suite 4 Atlantic Beach,FL 32233 Re: Atlantic Beach vs. Brown,et al Dear Paul: Enclosed is the original Release of Lien you prepared in the above case, with the changes as requested by your title agent, which has been signed by Mayor Borno, witnessed and notarized. Hopefully,this concludes all matters with this case. If there are any questions with this release or anything else connected with this case, please don't hesitate to contact me. Very ly yours, C. JENSEN Enclosure ACJ/sky Cc: James R. Hanson,City Manager Donna Bartle,City Clerk (w/enc) This Instrument Prepared by: Paul M. Eakin, Attorney at Law 599 Atlantic Blvd. Suite 4 Atlantic beach, Florida 32233 RELEASE OF LIEN City of Atlantic Beach Florida, for good and valuable consideration, does hereby release the following described property from the Order Imposing Fine and Lien in favor of The City of Atlantic Beach, Florida, Code Enforcement Board CASE #15311, and recorded at Official Records Book 15600, Page 1030, of the Public Records of Duval County, Florida: Lot 1, Block 27, Royal Palms Unit 2A, according to plat thereof as recorded in Plat Book 31, pages 1, 1A, 1B, 1 C and 1D, of the current public records of Duval County, Florida. RE# 171374-0000 The Clerk of the Court is directed to cancel the same of record. EXECUTED this of//,day of April, 2013. Signed, sealed and delivered in the presence of: fitness City of Atlantic Beach, Florp a Poo h4 By: Louis M. Borno, Mayor Print N e T - , L es Print Name STATE OF FLORIDA ) COUNTY OF DUVAL ) The foregoing instrument was acknowledged before me this J day of April, 2013, by Louis M. Borno, Mayor of the City of Atlantic Beach, Florida, who is personally known to me or who has produced as id tification and who did/did not take an oath. .vtblic ALAN C,JENSEN t Commission#DD 938588 hp 10A Wavem Printed NamTMUT°+F'"�""oe°063�70 (SEAL) v-+•� rV4, vyri rvi+yctc t,1,r,t[n t ytcl.Vy'1' UUU1`T UUVAL WUNTY KEC:UKUING :�U . UU IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA ^nSE NO. : 16-2011-CA-000385 CITY OF ATLANTIC BEACH a Florida municipal cc l T'1 Plaintiff, VS . BENJAMIN BROWN, JR. , person, DAVID LEE CF CATHERINE R. CHITTY ` ' TECHNICAL COLLEGE, Florida corporatior rt, FUNDING, LLC, a Fl( F, liability company, FYI MUTUAL AUTOMOBILE INS0hm,,-_ 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 (,IIPMC") 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 . J 04UIT JUDGE 4 CONSENT We hereby consent to the entry of the above order and have done so freelytfor voluntarily, knowingly and intelligently, and in the compof fraud, coercion, duress or un e nfluence . QUIRE Cy C. SQUIRE o tiff t orney for Defendant Brown r9 Florida Bar # 47718 PAUL AKIN, ESQUIRE I Attor ey for Defendants Chitty Florida Bar #293377 ICopies 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 �11 I a / Y ++.,t _ _ .4 • ' plcmiiw � y a ` r a rt r It # s t 3 u; x _ y 5 77r� _ N t _ ay t 1A P°* t six - S i+ , • � ut T , s i a i � r f .yv CON 1 4�V0 / CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA CASE NO.:#824.1-09 Petitioner, vs. Mr.Beni amin Brown Respondent Address:457 Sailfish Drive Description: Lot 1,Block 27,Royal Palms Unit 2A RE# 171374-0000 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on August 11,2009 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 Mr.Benjamin Brown resides at the property located at 457 Sailfish Drive,Atlantic Beach,Florida. 2. That notice was sent certified mail on August 4,2009 and that Respondent was present at the hearing. 3. That notification of the violations of Chapter 12,See 12-1 (b) (7); Chapter 12,See 12-1 (b) (6); Chapter 24,See 24-163 (b)(1); Chapter 24,See 24-104 were made and served on the resident as evidenced in this hearing. CONCLUSIONS OF LAW THAT Mr.Benjamin Brown is not in full compliance and has failed to correct such violation as of this hearing. 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 be found guilty as a repeat offender,and must come into compliance by 12:00 pm,thirty(30)days within receipt of this notice. Respondent is fined $500.00 per violation and assessed Administrative fees of$313.98 for a total of$2,313.98. THAT failure to pay all accumulated fines will be forwarded to Finance for processing. All lien amounts are to be made payable at an interest rate of ten(10)percent per annum from date of certification until paid. This Order becomes self-executing upon an Affidavit of Non-Compliance being filed with the City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 12th day of August 2009. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD By: :O Ron endleton,CEB Vice Chairman Attest: % Susan Gorman, Secretary ATTENTION• It is your responsibility to notify Alex Sherrer,Code Enforcement Officer, at 247-5855 and satisfactorily demonstrate that the violation has been corrected. C N Y OF RTLAX I O 13ERCH C.B. Date: Augusts 11, 2009 Defendant: MR. EENJAM�'N BROWN JR Case#824.1-09 Location: 457 SAILFISH DRIVE A/K/A LOT 1, BLOCK 27, ROYAL PALMS UNIT 2A RE# 171374-0000 Violation: CHAPTER 12, SEC 12-1 (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS CHAPTER 12, SEC 12-1 (b) (6): STRUCTUALLY UNSOUND FENCE CHAPTER 24, SEC 24-163 (b) (1): MORE THAN 2 TRAILERS ON THE LOT CHAPTER 24,SEC 24-104: UNAUTHORIZED SCRAP METAL BUSINESS IN RESIDENTIAL DISTRICT Owner Occupied: Rental: X Homestead: Yes No X Code Enforcement Board Members: 1. Inspection of the property revealed that a violation of the Code of the City of Atlantic Beach is present. Ownership of the property was determined through: Tax Records x Title Search Other 2. The code#(s) and nature of the violation(s) discovered are: CHAPTER 12, SEC 12-1 (b) (7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS CHAPTER 12, SEC 12-1 (b) (6): STRUCTUALLY UNSOUND FENCE CHAPTER 24, SEC 24-163 (b) (1): MORE THAN 2 TRAILERS ON THE LOT CHAPTER 24, SEC 24-104: UNAUTHORIZED SCRAP BUSINESS IN RESIDENTIAL DISTRICT 3. The inspection was prompted as a result of a: Complaint X Routine Inspection —Other 4. A violation notice was issued to the owner/occupant on: July 29, 2009 5. Notice to the owner-occupant was achieved by: Certified Mail Hand Delivery Posting of Property. X The method of service meets with requirements of Florida Statutes 162-12. 6. 1 did X did not speak with the owner someone X in charge of the property concerning the violations. 7. Brief description of conversation: 8. The latest inspection was made AUGUST 111 2009 as a result of following up on the original complaint(s). 9. The violation(s) is still present_in compliance_. PAGE 2 CODE PRESENTATION SHEET 10. In order to achieve compliance, it is necessary to correct all of the violations and maintain the property: By not conducting a scrap metal business in a residential district, properly repairing the privacy fence, removing anything from the yard that is not considered for outside use and only maintaining 2 trailers on the property at any given time. 11. 1 do X do not have photographs of the property and violations as they existed on the property. They represent a fair and accurate representation of the property at the time they were taken. 12. 1 would estimate that 10 day(s)would be sufficient time to correct the violation. 13. Further Comments: Mr.Brown has appeared before the Code Enforcement Board eleven times since 1999 for open storage and for conducting an illegal scrap metal business in a residential district. During that time, he's made several appeals and has had his fines either reduced or forgiven, currently has approximately $160,000.00 in personal liens against him. 14. Recommendations: That Mr Brown be found guilty as a repeat offender, and per Florida Statute 162.09 (2)(a) be fined $500.00 per violation for a total of$2,000.00 as a repeat violator and per Florida Statute 162.07 (2) be assessed the administrative costs of$313.98 for conducting this hearing, for a grand total of$2,313.98. Respectfully submitted, Alex Sherrer II Code Enforcement Officer Code Enforcement Administrative Charges for Presentation to the Board Pursuant to Florida Statute 162.07 (2) the following charges for prosecuting this case before the Code Enforcement Board shall be charged to the violator provided he or she are found in violation. Code Enforcement Board Meeting: May 1, 2001 Case Number; 075-01: Mr. Benjamin Brown Jr., P.O. Box 51513, Jacksonville Beach, FL 32240-1513 Code Enforcement Officer, $ 22.28 per hour x 5 hours = $156.20 Code Enforcement Secretary, $ 22.08 per hour x 3 hours = $ 66.24 Code Enforcement Attorney, $150.00 per hour x 1 hour = $ 75.00 Postage, Certified Mail, $ 5.54 x 1 = $ 5.54 Copies,Xerox $ .10 x 110 = 11.00 Total Charges $313.98 August 11, 2009 Alex Sherrer Code Enforcement Officer `t e. y .i9 r. • ji, I, Ilk loorra r .: / 5 w r f � i +Ao s � t�> ,A • . fir' r'� tJ!. IF • 1 ",,....,...�..,.� 'fir=--�-,.........___._.._..._ "xf Vii: r Dui .+�A.. .•M'� , t s e , , Wk �-► :� � jibs a Jk .�- -� Si:s �� '• �� ttj " J • 71- r wr ENWIL 4 y�ry a - i .� •:' I I �.� v.. xi ,1r �� ` ��k s ..... /? v�•��\ fit. i v • .Y n frk `tt �.� <, T �,"R?^�V� .-�L'�'A{`�i;mw� � r ., �"�,!?�; .. �, aye � � �.i � ��,. � i � �' � � • '1 ��,^ At `` �� rA •�� i N mom y � t �lu� Page 1 of 1 Ramsay, Debra From: Benjamin, Jeri Sent: Friday, May 02, 2008 9:10 AM To: Ramsay, Debra Subject: Benjamin Brown Debbie, For audit purposes, please put a comment in the Receivables system: "The Code Enforcement Board's Findings of Fact has been filed with the Clerk of the County Court for how fines will be calculated. The full amount owed is not listed. This information is located in Book 14285, pages 697 & 701." Thanks. Jeri From: Sherrer, Alex Sent: Friday, May 02, 2008 7:05 AM To: Benjamin, Jeri; Hanson, Jim Cc: Van Liere, Nelson; Bussey, Donna; Ramsay, Debra Subject: RE: Benjamin Brown Alan filed the Code Enforcement Board's Findings of Fact with the Clerk of the Court. They are found in Book 14285, pages 697 and Book 1701. Neither list the full amount owed, only how the fines would be calculated. Donna has everything that was recorded. Alex From: Benjamin, Jeri Sent: Thursday, May 01, 2008 5:00 PM To: Hanson, Jim Cc: Van Liere, Nelson; Bussey, Donna; Sherrer, Alex; Ramsay, Debra Subject: Benjamin Brown Jim, In follow-up to our meeting, I reviewed the Clerk of Court website to find the judment Alan was referring to that covered the roughly $150,000 outstanding fees owed the City by Mr. Brown. I could not find a document that specifies that amount. I am not that familiar with legalease. Would you please ask him to give us the book and page#of the document he filed that is supposed to cover the City for these costs. Thank you. Jeri Benjamin Deputy Finance Director City of Atlantic Beach, Florida 800 Seminole Road Atlantic Beach, Florida 32233 Phone: 904.247.5822 Fax: 904.247.5819 05/07/2008 ALAN C. JENSEN RECETVED Attorney at Law APR 0 9 Me 935 North Third Street Post Office Box 50457 OFFICE OF THE CIT`t'CLERK Jacksonville Beach,Florida 32240-0457 Telephone(904)246-2500 Facsimile(904)246-9960 E-Mail: Alan@AJensenLaw.com April 1, 2008 VIA HAND DELIVERY William G.Noe, Jr., Esquire 599 Atlantic Boulevard, Suite 6 Atlantic Beach, FL 32233 Re: Benjamin Brown, Jr. 457 Sailfish Drive, Atlantic Beach Dear Bill: As you know, the City of Atlantic Beach located your trust account check which was delivered to the City on February 2, 2007. That original check made payable to the City dated February 1,2007, is returned herewith. Please accept my apologies on behalf of the City for any inconvenience this may have caused your office. Apparently, the letter and check were misfiled when received by the City. I also enclose an original Release of Claim of Lien which I have executed on behalf of the City, together with an original lien letter from the City reflecting no liens on the subject property as of February 1, 2007. Based upon the documents you provided to my office, the City hereby acknowledges the fact that the property was Mr. Brown's homestead prior to February 1, 2007, and also acknowledges that there are other code enforcement fines recorded against Mr. Brown, which were recorded subsequent to the transfer of the property to the Chittys. Therefore, any other code enforcement fines before February 1, 2007, do not constitute a lien against the property This letter and the enclosed documents are being delivered to you to exchange for a new check from your office in the�amoua t of result of the $35.00 stop paOment charge the on your old check and submitted in February, 2007, the $10.00 charge by the City for the lien letter. If there are any questions or problems regarding the above, please let me know immediately. I appreciate finally being able to resolve this matter and close out my file. Very ly yours, JENSEN Enclosures ACJ/sky Cc: James R. Hanson, City Manager Donna Bussey, City Clerk Ramsay, Debra From: Benjamin, Jeri Sent: Thursday, January 10, 2008 8:22 AM To: Ramsay, Debra Subject: FW: Benjamin Brown From: Van Liere, Nelson Sent: Thursday,January 10, 2008 8:20 AM To: Benjamin,Jeri Subject: FW: Benjamin Brown From: Hanson, Jim Sent: Thursday, January 10, 2008 7:21 AM To: Van Liere, Nelson Subject: RE: Benjamin Brown Nelson; Not yet. Jim From: Van Liere, Nelson Sent: Wednesday,January 09, 2008 5:01 PM To: Hanson,Jim Subject: Benjamin Brown Jim, I have not heard anything from anyone on Benjamin Brown. Did Alan ever come to terms with them? 1 CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA Petitioner, vs. CASE NO.: #165-05 BENJAMIN BROWN,JR., Respondent ORDER RESCINDING FINE REDUCTION THIS CAUSE originally came on for hearing before the Code Enforcement Board on April 12, 2005,and the Board having heard testimony under oath,received evidence, and heard arguments respective to all appropriate matters,and an order imposing fines for Non-Compliance was issued April 13,2005. The Respondent appeared before the Board subsequently on January 9,2007,and appealed to the Board to reconsider the fines related to Case No: #165-05. It was ordered that the accrued fine amount of$113,189.00,previously imposed for failure to comply with the Board's Order,dated April 13,2005 would be reduced by seventy percent provided the respondent remained in compliance and violation free through December 31,2007. On January 8,2008,evidence was presented to the Code Enforcement Board by Code Enforcement Officer,Alexander J. Sherrer that on November 19,2007,Mr. Benjamin Brown Jr.,was in violation of Chapter 12,Sec 12-1 (b)(7)illegal open storage of junk and for Chapter 12,Sec 12-1 (b)(6)structurally unsound fencing. Both violations were identified as repeat violations and verified by the Code Enforcement Board. Furthermore,the Code Enforcement Board agreed that a violation of the order of January 16,2007 existed and that the January 16,2007 order for the reduction in the fines owed is rescinded and the full amount of the original$113,189.00 in accrued fines will remain in force. This Order becomes self-executing upon being filed with the Atlantic Beach City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 8`h day of January.2008. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEME ARD6 By: (6:w Carl Russell,Chairman Attest:( Susan Gorman, Secretary COPY Hanson, Jim Froth: Sherrer, Alex Sent: Wednesday, November 28, 2007 1:40 PM To: Hanson, Jim Cc: Alan@,AJensenLaw.com Subject: RE: Lien Update There is a Warranty Deed registered with the county with Mr. Brown signing over the property to the Chitty's. Mr. Brown claims the Chitty's are just like his family, he even refers to the as Mom and Pop Chitty. I really don't think Mr. Brown really grasps what he's done, but then no bank would have lent him money. Alex From: Hanson,Jim Sent: Wednesday, November 28, 2007 1:30 PM To: Alan Jensen Cc: Sherrer, Alex Subject: FW: Lien Update Alan; Is it possible that the county records are not correct and the reference to the new owner is just a loan (and therefore we have the ability to file the lien for the rest of the$150,000) or do you think that Mr. Brown just got taken for his home? Jim From: Sherrer,Alex Sent: Wednesday, November 28, 2007 1:24 PM To: Hanson,Jim;Thompson, David; Bussey, Donna Subject: Lien Update Just a quick update. Last Wednesday Alan was given the original Code Enforcement Board Findings of Fact and the required Affidavits for Mr. Brown's cases so he could file them with the County. All other Code Enforcement Board Cases that required affidavits to be completed have be signed, notarized and filed with their respective cases. I also spent about a half hour with Mr. Brown on Monday, regarding his latest violations. Evidently the new owners didn't appreciate receiving a violation notice. Mr. Brown claimed he still owned the property, and only put it up to cover a loan he borrowed from the Chittys. I told Mr. Brown that according to the Tax rolls the Chitty's owned the property; that they could be held libel for any of his current violations, and would continue to be notified of any violations. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, FI 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us 1 Nov. 27. 2007 11:51PM nag-ioody r. i -MLLIAA G. NICE, ja ;o t 1L°aL--y AAJD IQLT-1SROR AT LAVI SON A'FF.WrIC BOULEVARD SUB rl 6 AT LARMC 9WFi,FLc)RMA 32233 .. - a , EMAIL Y AC59BnS 9041247.158' VA F e X Novernbe_ 27, 2007 IV1:. C. Je--n, Esquire 935 N. 3rd, Street IacksonAlie Beach, FlcTi 32.250 Re: Bcnjz.-min Blown, Jr- n�ai e 457 lEsh l3�d° D e u All—n: 1 apologize for the delay in getting back to you on this, but I had trtsuble ccntaetarlg MY cNerlts. , ppnently they out of tees for the holidays. You tried to =d a fax a fm minutes ago. Whatever you sent, it died not come t1mough. Everything beluw yow 1etter°� was 1i1aa1k. As you are mare, Florida Statute 162.09 prohibits the imposition of a Code Enforcement Lien on homestead property. In fact, the court in DeA ura v. County of Volusia, 618 S®-2d 754 (Fla, 5th. DCA 1993)Feld that the Florida Constitution prohibits the creation of CEB liens against hows.stead property. Ctlaet courts have followed suit - I previously advised away clients not to pay the lien, and instead, file suit against the City for damages and to remove tiro lien. t-Towever, they felt that they didn't want to get involved in a lawsuit aga:rst the City, &nd that they woidd just pay it. I gerso lly delivered a 1 r and a ch%k to the City on February 1,2007. What the City slid with the chock, f have no idea. lifter I leameei they lost it, I stopped payment on it, Ivly clients have no intention of paying the amount you &man ded -An yet 1--r--r. ThCY we=.ald rather spend the money to take the City to court. In addition to costs and attorneys fees, I believe we could recover dasaaages from the City for slander of title and wilfdl violation of the Florda Constitution and Statues. Surely the City knew froran its own tax records that the prcperty °as hc—mestead. F'urthe . the Claim of Lien is not evert in the proper form requued by t-e S%tute� PAy h--its ill don't w mmt to have tee flie yujt against the City, They lave aauthoriz6�d me to hlay. ��. ?n07 3:j1°T. no.—io.3d NO, r L offer the City the origind fine, amount of $7,500-00 to � �g�ais �Ra= exchange is not complete release from Ihe City of any claimed amount due, e 8iHnst the pro a release aga4nst 1NIr. Brown illdividuay, but just the property. please advise rale if the City is Vining to accept ouT offer. if not, then I ,gill prLoeeed wth Ming suit. Very truly Yours, rV William 6- Noe, Jr. WGNjr/dr i ALAN C.JENSEN 4ttornev at Uwkv 935 north Third Street Post C'tlice Box 50457 ,tacicsonvilte Beach,Florida 32240-0437 Telephone(904)246-2500 Facsimile(904)246-9960 F-plait: ,flan @AJenscnLafv.com November 29,2007 VIA FACSIMILE ONLY' (904)247-1582 William G.Noe,Jr., Esquire 599 Atlantic Boulevard, Suite G Atlantic Beach, FL 32233 Re: Benjamin Brown,Jr. 457 Sailfish Drive,Atlantic Beach Dear Bill: Thank you for your letter which was faxed to my office Tuesday. I am somewhat perplexed that your position has apparently changed, in that during our telephone conversation on November 19, 2007, you wanted to agree that payment to the City in the amount of$10,000.00 would be made, and I infonned you that I did not have the authority to agree to any amount and had to obtain the actual amount from the City. The actual amount was provided to you in my letter to you dated November 20,2007. I also find it difficult to comprehend why you would deliver a check to the City on February 1, 2007,and then in your letter faxed to me yesterday state that the City is not entitled to payment,and then offer a compromise amount to "settle this matter." I don't understand why your clients would agree to pay the City in February, but now feel they don't oNve the City anything and are only offering a compromise amount. As you may know, Mr. Brown continues to occupy the property which is owned by your clients, and apparently continues to be in violation. of City codes which may result in further Code Enforcement Board action against him. Also. in the event this occurs, enforcement against the property on which such violations take place can be initiated, and since the property is no longer Mr. Brown's homestead, would subject it to foreclosure of any lien imposed pursuant to Florida Statute 162.09. 1 do not agree with you that the statute "prohibits' the imposition of a code enforcement lien on homestead property, but only prohibits an action to foreclose such a lien against homestead property- In any event. the City had previously been wilting, as set forth in my letter of November 20, to release its lien on your clients' property in exchange for payment to the City. I can discuss with the City payment, with accrued interest, as of the date the check is paid to the City, or a compromise in the amount of $10,000.00, as you had previously suggested in our telephone conversation on J nne-.n rai .�r�r aet .�t'• Rio T Qf°G° en T t n C7 An►I William G.Noe,Jr., Esquire November 29,2007 Page 2 November 19. However, I must also advise the City of its rights against the property where the violations are apparently occurring and the fact that the property is no longer homesteaded. I would appreciate you letting me know your clients' desires. Ven•t ly yours, X 1�-IAN C.JENSEN ACJlsky Cc; James R. Hanson; City Manager(via fax) Donna Bussey, City Clerk (via fax) Nelson VanLiere,Finance Director(via fax) Meeting concerning City Property Liens October 23, 2007 Present: City Attorney Alan Jensen, Alex Sherrer, David Thompson,Nelson Van Liere, Donna Bussey and Jim Hanson A. Ben Brown Case The first purpose of the meeting was to discuss some information recently uncovered about the code enforcement fine on Ben Brown's property in the Royal Palms subdivision. It was determined that the house was sold on or about February 1, 2007. At that time, the city had a lien filed in the Duval County Courthouse for approximately $8,000 plus interest. However, the total fines owed to the city by code enforcement actions approved by the board at that time totaled $159,689. There were no new fines levied against Mr. Brown since February of 2007 and the Code Board had authorized a reduction in the total amount of liens if he was to keep his property violation free through the end of calendar 2007. An administrative error had occurred by the city by not filing at the county courthouse the total amount of the liens due. Alan Jensen's opinion was that the buyer of the house did not have to pay the city for any code enforcement fines against Mr. Brown except those that had been filed as liens in the county courthouse. Further, the closing attorney on the sale of Mr. Brown's house stated that they had sent a check to the City of Atlantic Beach for approximately$10,000 (original lien plus interest) although the city had not received it. They recently voided payment on the check. A discussion followed as to how to proceed on the Ben Brown case. The steps agreed to are as follows: 1) The city should obtain another check from the closing attorney in the approximate amount of$10,000 to satisfy the original $8,000 lien that was filed prior to the sale of the house. Nelson Van Liere is to handle this item. It he is not successful,he should contact Alan Jensen to begin legal proceedings if necessary. 2) An updated lien should be filed against Mr. Brown personally (because he no longer owns the house). Donna Bussey is to prepare this lien for the difference between the $159,869 (plus interest) less the lien that should be paid once a new check is issued. Donna should may need help from Alan Jensen to prepare the lien because of it's unusual nature. 3) There was some indication that Mr. Brown may own property in Swanee County Florida and in Georgia. It may be possible to obtain some or all of the payment for the personal judgment mentioned in#2 by filing on either or both of these properties. Alan Jensen is to get a title search on property in Swanee County to determine if Mr. Brown owns any property in that area. 4) Concerning the possible land that Mr. Brown may have inherited upon his mother's death in Georgia, if the city can find a reference it is possible that a lien can be filed in Georgia. Other responsibilities assigned before the meeting ended are as follows: • A summary of this meeting is to be prepared with various bullet points (above) to be included for a policy draft. This summary is to be distributed to meeting attendees for their input and review. They should be ready to meet back in approximately one month to further refine the responsibilities and policy items in this lien procedure document to be prepared. Jim Hanson to prepare meeting summary. [herewith done] • Set follow-up meeting in approximately one month—Jim Hanson [done; scheduled for 11/19] • The group had a brief discussion about where the responsibility for several of these policy steps should be located; in the City Clerk's Office or in Finance. Each group was to consider the question and be ready to further discuss when we meet back in a month. Date Date Lien Filed "Paid" years lien 8,049.62 01/12/04 02/01/07 3.06 interest 2,461.20 10,510.82 amount paid 10,552.95 (42.13) 11/19/07 Benjamin Brown, Jr. 457 Sailfish Drive RE# 171374-0000 Interest calculation on Code Enforcement fine assessed 10/16/03: Amount Amount Amount Date Assessed Paid Interest Due 10/16/03 8,049.62 0.00 178.64 8,228.26 01/05/04 8,228.26 (200.00) 1,502.27 9,530.53 11/18/05 9,530.53 (100.00) 1,890.31 11,320.84 (300.00) 3,571.22 Note : Simple interest was calculated at a rate of 10% by Debbie Ramsay, CPA, the amount due as of 11/19/07 is $11,320.84 H:\dailyuse\finance forms\[Brown CE interest calculation.xls]Sheet1 01/26/07 Benjamin Brown, Jr. 457 Sailfish Drive RE# 171374-0000 Interest calculation on Code Enforcement fine assessed 10/16/03: Amount Amount Amount Date Assessed Paid Interest Due 10/16/03 8,049.62 0.00 178.64 8,228.26 01/05/04 8,228.26 (200.00) 1,502.27 9,530.53 11/18/05 9,530.53 (100.00) 1,122.42 10,552.95 (300.00) 2,803.33 H:\dailyuse\finance forms\[Brown CE interest calculation.xls]Sheet1 MR430I03 City of Atlantic Beach 1/26/07 Miscellaneous Receivables Inquiry 09 : 39 : 15 Customer ID . . . . 115 Name : Brown, Benjamin Last statement 1/02/07 Addr : P .O. Box 51513 Last invoice 11/28/06 JAX BEACH, FL 32240-1513 Current balance 159, 988 . 78 Pending . . . . . . 00 A ACTIVE Code Enforcement Charge code . . . . . . CE001 Transaction date . . . 10/16/03 Quantity . . . . . . . 1 . 00 Original amount . . . . 8 , 049 . 62 Amount unpaid . . . . . 7 , 749 . 62 Aging control . . . . . 006 Over 1 Yr Posting priority . . . 50 Reference number Original billing date 0/00/00 Description . . . . . . Code Enforcement Fines Comment . . . . . . . . Invoice this charge . . Y Press Enter to continue. F3=Exit F5=Misc Information F12=Cancel F15=Charge/Payment Relationship L 7f) ' `rD li it MR200I04 City of Atlantic Beach 1/26/07 Customer Master Type Inquiry 09 : 48 : 31 Customer ID . . . . . . . . . 115 Customer type code . . . . . CE Alternate bill to Suppress statement . . . . . A=Suppress all statements B=Suppress zero and credit balance stmnts C=Suppress only credit balance statements Z=Suppress only zero balance statements N=Do not suppress any statements Blank=Use customer type default Exclude penalties . . . . . . Y=Yes, N=No, Blank=Customer type default Exclude finance charges . . . Y=Yes, N=No, Blank=Customer type default Real Estate Number . . . . . . 1713740000 Press Enter to continue. F3=Exit F12=Cancel Book 11574 Rage 1411 Prepared by: City Clerk's Office 800 Seminole Road Atlantic Beach, FL 32233 800k.T,05 94010773 Pages: 1411 — 1412 Record and Return to: Filed & Recorded Maureen Kin 01/12/2004 09:43:02 AM King JIM FULLER City Clerk CLERK CIRCUIT COURT DUVAL COUNTY 800 Seminole Road RECORDING Y 9.00 Atlantic Beach, FL 32233 TRUST FUND $ 1.50 CLAIM OF LIEN The City of Atlantic Beach, having given proper notice to the property owner, Benjamin Brown,Jr.,pertaining to property described as, 457 Sailfish Drive A/K/A Royal Palms Unit 2 A Lot 1 Block 27 for violation of Chapter 12, Sec.12-1 (b)(7), Chapter 12, Sec. 12-1 (b)(3), and Chapter 24, Sec.24-104 of the Code of Ordinances of the City of Atlantic Beach Florida, and ` finding that Benjamin Brown,Jr., owner of the property,has failed to make the required payments towards this obligation, it is the decision of the City of Atlantic Beach that a Claim of Lien be filed against Benjamin Brown,Jr.. Said Claim of Lien shall be recorded in the public records of the office of the Clerk of the Circuit Court in and for Duval County, Florida, and shall be payable with interest at the rate of 10%per annum until paid. O This Claim of Lien is to secure payment for the fines and administrative fees in the following amounts: Fine for non-compliance: $ 7,500.00 Administrative fees: $ 549.62 TOTAL DUE: $ 8, 049.62 bank 11574 Page 1412 Executed this day of , 2004. CITY OF ATLANTIC EACH Witness By: amen anson, i-,f t M ager STATE OF FLORIDA COUNTY OF DUVAL Sworn to and subscribed to me this S day o zc , 2004 by'' 'sJ,r� .�'� r• . IJ14#7C�6 I7419�St)/t/ who is personal known me or produce'' -- as identification, and who did/did not take an oath. $t:ti. MAtlREEN r-1 MY COMMISSION#pD0950e0 Notary Public, State of low at large 'a€ EXPIRES:March 31,zoos My Commission expires:(3/3, /a oo& 9aaea mm Navy ReYC unmwm.n —� i ALAN C.JENSEN Attorney at Law 935 north Third Street Post Office Sox 50457 Jacksonville Beach,riorida 32240-0437 Telephone(904)246-2500 facsimile(904)246-9960 E-Mail: Alan@AJensenLtiv.com November 29, 2007 VIA FACSIMILE ONLY (904)247-1582 William G.Noe,Jr., Esquire 599 Atlantic Boulevard, Suite 6 Atlantic Beach, FL 32233 Re: Benjamin Brown,Jr. 457 Sailfish Drive,Atlantic Beach Dear Bill: Thank you for your letter which was faxed to my office Tuesday. I am somewhat perplexed that your position has apparently changed, in that during our telephone conversation on November 19, 2007, you wanted to agree that payment to the City in the amount of S 10,000.00 would be made, and I informed you that I did not have the authority to agree to any amount and had to obtain the actual amount from the City. The actual amount was provided to you in my letter to you dated November 20,2007. I also find it difficult to comprehend why you would deliver a check to the City on Febnlary 1, 2007,and then in your letter faxed to me yesterday state that the City is not entitled to payment, and then offer a compromise amount to "settle this matter." I don't understand why your clients would agree to pay the City in February; but now feel they don't owe the City anything and are only offering a compromise amount. As you may know, Mr. Brown continues to occupy the property which is owned by your clients, and apparently continues to be in violation. of City codes which may result in further Code Enforcement Board action against him. Also, in the event this occurs, enforcement against the property on which such violations take place can be initiated, and since the property is no longer Mr. Brown's homestead, would subject it to foreclosure of any lien imposed pursuant to Florida Statute 162.09. 1 do not agree with you that the statute "prohibits" the imposition of a code enforcement lien on homestead property, but only prohibits an action to foreclose such alien against homestead property. In any event. the City had previously been willing. as set forth in my letter of November 20, to release its lien on your clients' property in exchange for payment to the City. I can discuss with the City payment, with accrued interest, as of the date the check is paid to the City, or a compromise in the amount of $10,000.00, as you had previously suggested in our telephone conversation on 1 `d 0966-8bC-t9OG uasuac uej6 eSE =01 LO 6a ^oN William G.Noe,Jr.,Esquire November 29,2007 Page'-) November 19. However, I must also advise the City of its rights against the property where the violations are apparently occur ing and the fact that the property is no longer homesteaded. I would appreciate you letting me know your clients' desires. Ver)" t ly yours, A C.�JEN S E ACT/sky Cc: Tames R. Hanson;City Manager(via fax) Donna Bussey, City Clerk(via fax) Nelson VanLiere,Finance Director(via fax) I Z 'd 0966-94�-b06 uasuae ue10 esc :OT LO 6a ACH No`v- 27. 200 1 3:51PM nce-ioo4y No. MI r. I WILLIAIM C. 1430, M A-rj0.%N--Y AND 4703.'SE-7-OR AT LA",W Sao A LAIC Zo'LU E'AAD sur b TELZ?Rry N£4041x493-7241 'LLa'ALAIL bd1-'Naw@--,cases t rAC5JMME 904/247.15882 I7'A V A Novcjnlbeir 27; ZQO'P Mr. Alan C. Je2 ,, EsglaNn 935 N. Sad. Street Jacksonville Beach, Florida 32250 R;e. 13enjaa-nin Brow-n, Jr. 457 Sailfish D i.e Dcar Alan: I apologizc for the delay in getting back to you on this, but l had trouble contacting nay clients. Apparently they were out of town for the holidays- You tried to send a fax a few minutes ago. Whatever you sent, it did not come through. Everything below your letterhcad was blank. As you are aware, Florida Statute 162.09 prohibits the imposition of a Code Enforcement Lien on homestead property. In fact, the court in Demura v.County of Volusia, 618 So-2d 754 (Fla, 5th. DCA 1993) held that the Florida Constitution prohibits the creation of CEB liens against homestead property. Other courts have followed suit- 1 previously advised nay clients not to pay the lien, and instead, file suit against the City for damages and to remove the teen. However, they felt that they didn't want to get involved in a lawsuit against the City, and that they vvouald just pay it. I personally delivered a levy and a check to the City on FebTuary 1,2007. V/hat the City slid with the 6ecis, I have no idea. Aftex I learned they lost it, I stopped payment on it lviy clients have no inteaZtion of paying the amount you demanded 'An yow letwn 'They world rather spend the money to take the City to court. In addition to cotes and ateomeys fees, 6 believe we could recover damages from the City for slander of title and wilful violation of the Florida Constitution and Statues. Surely the City knew fro rn its own talc records that the property was homestead. Finer, the Claim of'Lien is not evea in fhz! proper form required by the Statute. My clients still don't want to havc to file suit against th� City, They have authorized me to Q -'A QQFg-Qt,--+>QQ uesuar ue Y u °cQ :Q T L 6 0 Nov. 27. 2007 3:11N floe—fo-16 Pao, Ml r t offer the 'City t}le Oz9&d flee, aza�ount of p,5oom to setae this matr�a Complete ttlease from the City of any "claimed" amount dote a st die pTO g is :tot a relewe sgainT, lea. Brown individually, but just the property. Please advise na e if the CIV is "llLIg to accept our Ot feg. If riot, then I will ptocced with filing suit. Very ttuly youus, rV William G. Noe, Jr. WGNJI/dr t, 'd uasuac uelu eS6 =0I LO 6Z ^ON CHAPTER 2000-125 Committee Substitute for House Bill No. 331 An act relating to local government code enforcement; amending s. 162.09, F.S.; authorizing local government code enforcement boards to sue to recover the amount of a money judgment on a lien plus interest; exemption certain property from application of certain money judgment provisions; amending s. 162.10, F.S.; providing for a prevailing party to recover all costs, including attorney's fees, in an action for a money judgment on a lien; amending s. 162.12, F.S.; providing an alternative location for posting certain notices;limiting application of actions for money judgments to fines levied after a certain date; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (3) of section 162.09, Florida Statutes, is amended to read: 162.09 Administrative fines; costs of repair; liens.— (3) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to f^r°^4^°° on ° 'i°^ filed pursuant to this section,whichever occurs first.A lien arising from a fine imposed pursu- ant to this section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursu- ant to this section. After 3 months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution.The money judgment provisions of this section shall not apply to real property or personal prop- erty which is covered under s. 4(a) Art. X of the State Constitution. Section 2. Section 162.10, Florida Statutes, is amended to read: 162.10 Duration of lien.—No lien provided under the Local Government Code Enforcement Boards Act shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to an the lien is commenced pursuant to s. 162.09(3) in a court of competent jurisdiction. In an action to foreclose on a lien or for a money judgment, the prevailing party is entitled 1 CODING: Wordss�'^' ^ are deletions; words underlined are additions. Doc # 2007042695, OR BK 13797 Page 1581, Number Pages: 1, Filed & Recorded 02/06/2007 at 11:27 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $10.00 DEED DOC ST $142.80 This Warranty Deed Made this 1st day of February A.D. 2007 by BENJAMIN BROWN, JR., a single man 457 Sailfish Drive Atlantic Beach, Florida 32233 hereinafter called the grantor,to DAVID CHITTY and CATHERINE CHITTY, husband and wife whose post office address is: P.O. Box 187 Melrose, Florida 32666 hereinafter called the grantee: (whenever used herein the term"grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations) Witnesseth, that the grantor,for and in consideration of the sum of$ 10.00 and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises, releases,conveys and confirms unto the grantee,all that certain land situate in Duval County,Florida,viz: Lot 1, Block 27, ROYAL PALMS, UNIT 2A, according to plat thereof as recorded in Plat Book 31, Pages 1, IA, 1B, IC and 1D, of the current public records of Duval County, Florida. SUBJECT TO covenants, restrictions, easements of record and taxes for the current year. Parcel Identification Number: 171374-0000 Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2006 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and deliveredin otir presence: ""` ENJAMIN BIZOWN, JR. � A TZELL �n d—,: � n ume. Neme N Ad rcn: ED ,me A , State of Florida County of Duval The foregoing instrument was acknowledged before me this is t day of February 07,by BENJAMIN BROWN, JR. `. who is personally known to me or who has produced as identification. Driver's License Notary Public t,. r Print Name: My Commission Expires: PREPARED BY: WILLIAM G. NOE, JR. RECORD & RETURN T0: WILLIAM G. NOE, JR. sllliam G.Noe,Jr. ,,.,'':, WD-1 599 ATLANTIC BOULEVARD, SUITE 6 t'ommissiori#DD346732 593 ATLANTIC BEACH, FL 32233 . �4.,,:( _xpires August 22,2008 File No: 07-457 �, „dwrm,Fa�" — Oct, 12. 2007 2 :30PM noe—foods No. 5919 P. 1 WILLIAM G. NOE, JR. ATTORNEY AND COUNSELOR AT LAW 599 ATLANTIC BOULEVARD SUITE 6 ATLANTIC BEACH, FLORIDA 32233 FACSIMILE 904/247-1582 TELEPHONE 904/249-7241 October 12, 2007 Office of the City Clerk Attn-. Debbie 800 Seminole Road Atlantic Beach, Florida 32233 Re: Benjamin Brown: Message: Copy of my letter of February 1, 2007 IF YOU DO NOT RECEIVE ALL LEA,SESCALL 904-249-7241. THANK. ypUr WITH RECEIVING THIS TRANSMITTAL, TOTAL NUMBER OF PAGES BEING TRANSMITTED, INCLUDING COVER: 2 The information contained in this facsimile is intended only for the personal and confidential use of the person to whom it is addressed, and my be a privileged attorney-client colr1mumcation. If the reader of this message is not the intended recipient (or such recipient's authorized agent or employer), you are hereby notified that you have received this message in error. Any review, distribution or copying of this message without the written consent of the sender is strictly prohibited. If you have received this facsimile in error, please notify sender by telephone and return it to us at the above address by mail. We will reimburse you for the required postage. THANK. YOU! Oct. 12. 2007 2; 30PM roe—foody No, 5919 P. 2 WILLIAM G. NOE, JR. ATTORNEY AND COUNSELOR AT LAW 599 ATLANTIC BOULEVARD SUITE G ATLANTIC BEACH, FLORIDA 32233 TELEPHONE 904/249-7241 EMAIL bill.rel-,iw@conicast.net FACSIMILE 904/247-1582 February 1, 2007 City Clerk 800 Seminole Road Atlantic Beach, Florida 32233 Dear Sirs: I am enclosing herewith my Trust Account check in the amount of$10,552.95 as payment of the Claim of Lien against the following property: 457 Sailfish Drive Owner - BENJAMIN BROWN, JR. RE# 171374-0000 Please send the Satisfaction of Lien directly to the undersigned. Thank you for your assistance in this matter. Very truly yours, Wi liam G. Noe, Jr. ,^ WGNjr/dr CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA Petitioner, vs. CASE NO.: #165-05 BENJAMIN BROWN, JR., Respondent ORDER REDUCING FINE THIS CAUSE originally came on for hearing before the Code Enforcement Board on April 12, 2005,and the Board having heard testimony under oath,received evidence, and heard arguments respective to all appropriate matters,and an order imposing fines for Non-Compliance was issued April 13,2005. The Respondent appeared before the Board subsequently on January 9,2007, and appealed to the Board to reconsider the fines related to Case No: #165-05 It is hereby ORDERED: THAT the accrued fine amount of$113,189.00,previously imposed for failure to comply with the Board's Order dated April 13,2005 will be reduced by seventy percent provided the Respondent remains in compliance and violation free through December 31,2007. Furthermore, any repeat violations of City Code on or before December 31, 2007,will negate this order to reduce the original fine amount, and the full amount of the original$113,189.00 in accrued fines will remain in force. In the event of any such repeat violation,no additional requests for relief will be considered. This Order becomes self-executing upon being filed with the Atlantic Beach City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 16`h day of January, 2007. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFO,RC ME BO ,F By: . Carl Russell,Chairman Attest: 1�— C 9--� - Susan Gorman, Secretary C UPy I, Mr. Beniamin Brown Jr., have received and understand the following Code Enforcement B^�r^� Cider and City Codes as they relate to my residence at 45? Sailfish yard Dr, Atlantic Beach, FL. City Code, Chapter 12: See (b) (2) No rubbish permitted on the property. Sec (b) (6) No structurally unsound fencing permitted. Sec (b) (7) No outside storage of business related materials, inoperable vehicles, refrigerators, other appliances, or similar items. Sec (b) (11) No grass or weeds over 12 inches in height. City Code, Chapter 24: Sec 24-163 (a) (3) No construction equipment or trailers with construction equipment property. on stored the ro can be P / Sec 24-163 (h) (1) No more then 2 trailers permitted on the property. Sec 24-163 (b) (2) All trailers must be stored 15 feet behind the front property line. �d Sec 24-163 (c) Junk, inoperable, unregistered vehicles are not permitted. Vehicle repairs are limited to simple maintenance, such as oil and tire changes, brake repair, or similar such work that do not to exceed 8 hours to perform. See 24-163 (d) No materials, supplies, appliances or equipment used in any commercial business can be stored outdoors. Code Enforcement Board Order, Case # 165-05 Forbids you from sorting/storing scrap metal,junk cars or any other salvage materials at your residence, and forbids you from parking or storing a loaded trailer at your residence. Benj min Brown Jr. Date '� Witness CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD \ is1 ATLANTIC BEACH,FLORIDA 32233-5445 r J TELEPHONE: (904)247-5800 S) FAX: (904)247-5805 SUNCOM: 852-5800 www.coab.us �J131� November 20, 2007 Mr. Benjamin Brown Jr P.O. Box 51513 Jacksonville Beach, FL 32240-1513 SubK ect: Violations of Atlantic Beach CKty Code Dear Mr. Brown, City records identify you as the current resident at following property in Atlantic Beach, Florida: Re: 457 Sailfish Dr A/k/a: 31-001 38-2S-29E Royal Palms Unit 2A Lot 1, Block 27 O/R BK 7095-811 RE# 171374-0000 Consider this letter as an Official Notification of Violation. That on November 19, 2007, in response to a complaint, the Atlantic Beach City Code Enforcement Officer identified the aforementioned property of being in violation of the following city codes: 1. Chapter 12, Sec 12-1 (b) (7): Illegal Utilization of Property For Open Storage. 2. Chapter 12, Sec 12-1 (b) (6): Structurally Unsound Fencing In an effort to eliminate any undo hardship I am granting you until December 7, 2007 to correct the aforementioned items. You can comply by either properly disposing of or properly storing all junk/rubbish located at your residence and by properly securing all sections of the privacy fence. Additionally, you are reminded of your responsibility as a resident of Atlantic Beach and that failure to comply will constitute a violation of City Code, and that as a repeat offender, you can incur fines of up to $500.00 per day, per violation. Furthermore should you fail to comply, the property owner will be held equally responsible and can be fined up to $250.00 per day. Should you have any questions or concerns involving this matter, you can contact me at(904) 247- 5855. ALEXANDER J./SHERRER Code Enforcement Officer c: Public Safety Director tIi •': v +i13.T I�W- A �14-1 Tni-�.-tt� ei no it s' wt N � )+ C•: ^tip'y a t: l � �-�. ,.�� '� �• �� k. mar- ..}� ,r+ti'. � � 4 _ ) f r ML - L. ., s �. -a•. 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Box 51513 Last invoice 11/28/06 JAX BEACH, FL 32240-1513 Current balance 159, 988 . 78 Pending . . . . . . . 00 A ACTIVE Code Enforcement type option, press Enter. Payment History 5=Display Payment Batch and Original Unapplied Dpt Trn date Description Type Receipt # Amount Amount 11/18/05 PAYMENT AR 12379 100 . 00- . 00 1/05/04 PAYMENT AR 1 22967 200 . 00- . 00 Bottom F3=Exit F12=Cancel Sherrer, Alex From: Thompson, David Sent: Friday, October 12, 2007 11:23 AM To: Hanson, Jim Cc: Sherrer, Alex Subject: Requesting Approval to Meet with Alan Jensen Jim, The Ben Brown code enforcement cases have taken some interesting turns... including the fact that the property title was transferred, and even though Brown continues to live there, he no longer owns the property. However, the new owners live in Melrose... but they are claiming a homestead exemption for the property. As you know, there are a number of issues relative to liens that have or have not been registered on that property. The Code Enforcement Board has imposed fines, then retracted the fines based on whether or not Brown complies with the city codes through the end of this year. With your approval, Alex and I would like to schedule a meeting with Alan Jensen to discuss some of the legal issues to determine our best course of action. After doing so, we will report back to you... David David E. Thompson, Chief Atlantic Beach Police Department 850 Seminole Road Atlantic Beach, Fl 32233 (904) 247-5864 Office (904) 403-4318 Cell i Benjamin Brown Jr. -457 Sailfish DP History: November 27, 2006-Total Code Enforcement fines to he flen against 457 Sailfish Dr o $159,689.00, ali parties notified that City lien had to be increased January 16, 2007-Mr. Brown Appeal: Code Board would gvant a 70 % Qeductoon ®f$113,189.00 ovunez from previous case if no violations for year. January 25, 2007-Mr. Brown reported he would be secure a loan using hoarse, all pasties notified thst only$8,000 had been recorded as g lien against Mr. Brown's property. January 26, 2007-City Manager wanted lien amount increased to shove fall nmount of X159,689.00, forward to City Clerk for action. Increase was not recorded with County Clerk. February 1, 2007- Property Transferred to Mr. & Mrs. David Chitty, no liens cleared. Questions: 1. Can the Chitty's be held responsible for the outstanding lien after the fact, if so can the amounts not recorded with the County Clerk be Included? 2. Has the City lost the monies not recorded as a lien? 3. Since Mr. Brown no longer owns the property is the Code Boards decision to reduce the fine after a year still applicable? 4. If the Chitty's don't live at 457 Sailfish Dr(Mr. Brown does), can it still have a homestead exemption? 5. Can we foreclose on the property if the homestead exemption isn't valid? 6. Do we want to foreclose, if m4e can? Duval County Property Appraiser - Parcel Summary Page 1 of 2 coj et • Property Y Appraiser Home > Departments > Property Appraiser .WV:,-Ml Parcel Information �*= Printable version �_� 20(17 Proposed Value Super Exemption Calculator Owner's Name: CHITTY DAVID & CATHERINE Real Estate Number: 171374 0000 Secondary Name: Property Address: 457 SAILFISH DR Mailing Address: P 0 BOX 187 City: ATLANTIC BEACH MELROSE, FL Zip: 32233 Unit Number: Zip: 32666 2007 Exempt Value: $0.00 PARCEL DESCRIPTION Property Use: 0100 SINGLE FAMILY iTransaction Date: 2/1/2007 Transaction price displayed is based on the actual Legal Description: 31-1 38-2S-29E ROYAL PALMS amount of documentary UNIT 2 A LOT 1 BLK 27 - Transaction Price: $20,400.00 stamps paid at the time of recording.The current rate is 70 cents per$100. Subdivision: 3122 ROYAL PALMS UNIT 02A Section/Township/Range: 382S29 INo. Buildings: 1 Official Record Book and Page: 13797-1581 Heated Area: 1506 Map Tile: 9417 IlExterior Wall: Vert Sheet Siding VALUES FROM 2006 CERTIFIED TAX ROLL Agriculture Land Value: $0.00 Taxing Authority: USD3 Land Value: $81,408.00 Building Value: $92 IView Parcel Tax Record Extra Features Value $213.00 Total Improvement Value $92,783.00 Tax Estimator Market Value: $174,191.00 Assessed Value $83,007.00 http://apps.coj.net/PAO/RENO.asp?RENUM=1713 74+0000 10/12/2007 Duval County Property Appraiser - Parcel Summary Page 2 of 2 IExemptions Total $25,000.0011 Taxable Value $58,007.00 Senior Exemption $0.00 Senior Taxable $0.00 Additional Links: map This Property (Map!- ) - Yahoo maps 2005 Property Record Card (PRC) - 2004 Property Record Card (PRC) - 2003 Property Record Card (PRC) Payment Feedback - Appraisal Feedback - Back to Search Page All values from 2006 Certified Tax Roll.Updates weekly. Maps and data are not updated as frequently as the Tax Roll data and may not reflect matching information. ::.:Q?City of I http://apps.coj.net/PAO/RF-NO.asp?RENUM=171374+0000 10/12/2007 Book 11574 Page 1411 Prepared by: City Clerk's Office 800 Seminole Road Atlantic Beach, FL 32233 nocq# 010773 Honk:I O i 574 Pages: 1411 — 1412 Record and Return to: Filed 8 Recorded Maureen King 01/12/2004 08:43:02 AM JIM FULLER City Clerk CLERK CIRCUIT COURT 800 Seminole Road DUVAL COUNTY RECORDING $ 3.00 Atlantic Beach, FL 32233 TRUST FUND S 1.50 CLAIM OF LIEN The City of Atlantic Beach, having given proper notice to the property owner, Benjamin Brown,Jr.,pertaining to property described as, 457 Sailfish Drive AJK/A Royal Palms Unit 2 A Lot 1 Block 27 for violation of Chapter 12, See.12-1 (b)(7),Chapter 12, Sec. 12-1 (b)(3), and Chapter 24, Sec.24-104 of the Code of Ordinances of the City of Atlantic Beach Florida, and ' finding that Benjamin Brown,Jr., owner of the property,has failed to make the required payments towards this obligation, it is the decision of the City of Atlantic Beach that a Claim of Lien be filed against Benjamin Brown,Jr.. Said Claim of Lien shall be recorded in the public records of the office of the Clerk of the Circuit Court in and for Duval County, Florida, and shall be payable with interest at the rate of 10% per annum until paid. This Claim of Lien is to secure payment for the fines and administrative fees in the 0 following amounts: Fine for non-compliance: $ 7,500.00 Administrative fees: $ 549.62 TOTAL DUE: $ 8, 049.62 R00k 11574 Page 141a Executed this S"�"day of , 2004. CITY OF ATLANTIC EACH Witness By: ;0; !g':�, ames anson, rt}y Manager i STATE OF FLORIDA COUNTY OF DUVAL Sworn to and subscribed to me this S day o 2004 b �f�3' �f' ' �Ij 1`�/'�i✓ a� who is ersonal known t me or produced''':r::,::::• '. as identification, and who di&did not take an oath. MauREENw1�e Notary Public State of to d at large a: .� MY COMMISS10 N DD 095060 $ EXPIRES:March 31,2006 My Commission expires: 3) /off 006- 9WKW'MM NavyP*WUnaerva n I Ramsay, Debra From: Sherrer, Alex Sent: Monday, November 27, 2006 8:36 AM To: Ramsay, Debra; Bussey, Donna; Gorman, Susan; Thompson, David; Hanson, Jim Subject: Code Enforcement Fine - Mr. Benjamin Brown Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) is finally in compliance with the previous Code Enforcement Board findings. He will have accumulated the following fines for the Month of November to be added to the amounts already owed. Case# 165-05 additional fine amount$2,800.00 City Clerk's Office will need to ensure the existing lien on Mr. Brown's property at 457 Sailfish Dr. reflects the final total owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us 1 Ramsay, Debra From: Sherrer, Alex Sent: Wednesday, November 01, 2006 11:07 AM To: Ramsay, Debra Subject: FW: Code Enforcement Fine- Ben Brown Debbie, Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings. He will have accumulated the following fines for the Month of October to be added to the amounts already owed. Case# 165-05 additional fine amount$6,200.00 Alex n P.S. Thanks for the reminder!!!!!!!!!!!!!!!!!!! Alexander J. Sherrer ~ Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us Ramsay, Debra From: Sherrer, Alex Sent: Friday, September 29, 2006 11:33 AM To: Ramsay, Debra Cc: Thompson, David; Hanson, Jim Subject: RE: Code Enforcement Fine - Ben Brown Debbie, Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) did not win his appeal on September 12th. The Code Enforcement Board ruled that he still is not in compliance and that the fines will remain in effect until he has complied. He has accumulated the following total amount for the months of August & September to be added to the amounts already owed. Case# 165-05 additional fine amount$12,200.00 Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us 1 /7 I`,1� Ramsay, Debra From: Sherrer, Alex Sent: Friday, June 30, 2006 8:04 AM To: Ramsay, Debra Cc: Bussey, Donna Subject: Code Enforcement Fine - Ben Brown Debbie, Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and is making no attempt to correct. He will have accumulated the following fines for the Month of June to be added to the amounts already owed. Case# 165-05 additional fine amount$6,000.00 Also, please forward total amount owed to the City Clerks Office, so we can ensure the existing recorded liens on Mr. Brown's property are current with what he owes. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us 1 Ramsay, Debra From: Sherrer, Alex Sent: Thursday, May 25, 2006 8:13 AM To: Ramsay, Debra Cc: Bussey, Donna; Thompson, David Subject: Code Enforcement Fine- Ben Brown Debbie, What with the long weekend, figured I'd better get this in now. Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and is making no attempt to correct. He will have accumulated the following fines for the Month of May to be added to the amounts already owed. Case# 165-05 additional fine amount$6,200.00 Also recommend that the existing recorded liens on Mr. Brown's property be updated to reflect what is currently owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, FI 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us STATEMENT OF ACCOUNT PAGE 1 City of Atlantic Beach Attention: Cashier 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5800 DATE: 5/01/06 TO: Benjamin Brown P .O. Box 51513 JAX BEACH, FL 32240-1513 CUSTOMER NO: 115/558 TYPE : CE - Code Enforcement CHARGE DATE DESCRIPTION REF-NUMBER DUE DATE TOTAL AMOUNT ------ -------- ------------------------- -------- 4/03/06 BEGINNING BALANCE 114 , 388 . 78 CE001 4/28/06 Code Enforcement Fines 297 5/29/06 6, 000 . 00 Case # 165-05 L'yl C -------------- -------------- -------------- Current Over 30 Over 60 Over 90 -------------- -------------- -------------- 6000 . 00 6200 . 00 5600 . 00 102588 . 78 DUE DATE : 5/31/06 PAYMENT DUE : 120 , 388 . 78 TOTAL DUE : $120, 388 . 78 PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE DATE : 5/01/06 DUE DATE : 5/31/06 NAME : Brown, Benjamin CUSTOMER NO: 115/558 TYPE : CE - Code Enforcement REMIT AND MAKE CHECK PAYABLE TO : City of Atlantic Beach Attention: Cashier 800 Seminole Road Atlantic Beach FL 32233 (904) 247-5800 TOTAL DUE : $120 , 388 . 78 Ramsay, Debra From: Sherrer, Alex Sent: Thursday, April 27, 2006 8:25 AM To: Ramsay, Debra Cc: Bussey, Donna; Thompson, David, Hanson, Jim Subject: Outstanding fines & liens Wasn't sure how finance works this, since the end of the month is Sunday. Mr. Benjamin Brown Jr. of 457 Sailfish Dr (RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and will have accumulated the following fines for the Month of April to be added to the amounts already owed. Case# 165-05 additional fine amount$200.00 per day X 30 days = $6,000.00 Also recommend that the existing recorded liens on Mr. Brown's property be updated to reflect what is currently owed. Alex r t/I _'r) Q0 f '- Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us 1 Ramsay, Debra From: Sherrer, Alex Sent: Thursday, March 30, 2006 9:19 AM To: Ramsay, Debra Cc: Bussey, Donna; Thompson, David Subject: RE: Code Enforcement Fine Debbie, Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and has accumulated the following fines for the Month of March to be added to the amounts already owed. Case# 165-05 additional fine amount$6,200.00 Also recommend that the existing recorded liens on Mr. Brown's property be updated to reflect what is currently owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd ,��-`2,` Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax(904) 247-5805 E-mail: asherrer @coab.us i Ramsay, Debra From: Sherrer, Alex Sent: Tuesday, February 28, 2006 8.39 AM To: Ramsay, Debra Cc: Bussey, Donna; Thompson, David Subject: FK Code Enforcement Fine From: Sherrer,Alex Sent: Monday,January 30, 2006 10:23 AM To: Ramsay, Debra Cc: Bussey, Donna;Thompson, David Subject: FW: Code Enforcement Fine Debbie, Sorry for the delay, was out sick yesterday, I realize it's to late for the current billing. Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and has accumulated the following fines for the Month of February to be added to the amounts already owed. Case# 165-05 additional fine amount$5,600.00 Also recommend that the existing recorded liens on Mr. Brown's property be updated to reflect what is currently owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, FI 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us 1 Ramsay, Debra From: Sherrer, Alex Sent: Monday, January 30, 2006 10:23 AM To: Ramsay, Debra Cc: Bussey, Donna; Thompson, David Subject: FW: Code Enforcement Fine Debbie, Code Enforcement Board refused to hear Mr. Browns appeal until property brought into compliance, his next appeal is scheduled for March. Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and has accumulated the following fines for the Month of January to be added to the amounts already owed. 1. Case#839-04 additional fine amount$3,750.00 2. Case# 165-05 additional fine amount$6,200.00 Also recommend that the existing recorded liens on Mr. Brown's property be updated to reflect what is currently owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us 1 Ramsay, Debra From: Sherrer, Alex Sent: Tuesday, January 03, 2006 3:05 PM To: Ramsay, Debra; Bussey, Donna Cc: Van Liere, Nelson; Gorman, Susan Subject: FW: Code Enforcement Fine Debbie, Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and has accumulated the following fines for the Month of December to be added to the amounts already owed. 1. Case#839-04 additional fine amount$7,750.00 2. Case# 165-05 additional fine amount$6,200.00 Also recommend that the existing recorded liens on Mr. Browns Property be updated to reflect what is currently owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, FI 32233 Ph (904)247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us 1 Ramsay, Debra From: Sherrer, Alex Sent: Wednesday, November 30, 2005 11:12 AM To: Ramsay, Debra; Bussey, Donna Cc: Thompson, David; Hanson, Jim Subject: FW: Code enforcement Fine It's that time of month again. Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and has accumulated the following fines for the Month of November to be added to the amounts already owed. 1. Case#839-04 additional fine amount$7,500.00 2. Case# 165-05 additional fine amount$6,000.00 Also recommend that the existing recorded liens on Mr. Browns Property be updated to reflect what is currently owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, FI 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us i Ramsay, Debra From: Sherrer, Alex Sent: Monday, October 31, 2005 11:04 AM To: Ramsay, Debra; Van Liere, Nelson; Benjamin, Jeri Cc: Thompson, David; Hanson, Jim; Bussey, Donna Subject: Code enforcement Fine Mr. Benjamin Brown Jr. of 457 Sailfish Dr(RE# 171374-0000) still is not in compliance with previous Code Enforcement Board findings and has accumulated the following fines for the Month of October to be added to the amounts already owed. 1. Case#839-04 additional fine amount$7,750.00 2. Case# 165-05 additional fine amount$6,200.00 Also recommend that the existing recorded liens on Mr. Browns Property be updated to reflect what is currently owed. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax (904) 247-5805 E-mail: asherrer @coab.us Ramsay, Debra From: Sherrer, Alex Sent: Friday, September 30, 2005 10:28 AM To: Ramsay, Debra Subject: Benjamin Brown, Cust# 115 Debbie, Per our conversation, as of this date Mr. Brown, Cust# 155 of 457 Sailfish Dr(RE# 171374-0000) owes the following additional amounts on his Code Enforcement Fines for Dates September 1, 2005-September 30, 2005: Case# 165-05: $200.00 X 30 days = $6,000.00 Case# 839-04: $250.00 X 30 days = $7,500.00 Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, Fl 32233 Ph (904) 247-5855 Fax(904) 247-5805 E-mail: asherrer @coab.us 1 Ramsay, Debra From: Benjamin, Jeri Sent: Monday, May 23, 2005 12:15 PM To: Sherrer, Alex; Ramsay, Debra Subject: RE: Code Enforcement Fines Debbie, I couldn't find the original $1,589.16 fine? This fine needs to be recorded with a "COMMENT" that an additional fine of $200.00/day needs to be assessed from a specific day forward. Before issuing a statement to a debtor or collector regarding actual amount owed to "pay off' or close-out debt, all COMMENTS should be read and considered. At this time, I am unaware of any"automated" method of handling this type of transaction. Jeri From: Sherrer,Alex Sent: Monday, May 23, 2005 11:40 AM To: Ramsay, Debra Cc: Benjamin,Jeri Subject: Code Enforcement Fines Mr. Benjamin Brown Jr 457 Sailfish Dr Re# 171374-0000 On April 12, 2005 Mr Brown (Case# 165-05)was found guilty of illegal outside storage and fined $1,589.16 (given 3 months to pay). He was given until May 3, 2005 to bring his property into compliance before imposing an additional $200. 00 a day fine to ensure compliance. As of today his $200.00 a day fine has amassed to$4,000.00. Is there a way of noting the on going fine so it doesn't slip through the cracks if we ever get a chance to collect. This is the first time I've ever had an imposed fine like this ignored, normally they take care of the problem first. Alex Alexander J. Sherrer Code Enforcement Officer City Of Atlantic Beach 800 Seminole Rd Atlantic Beach, FI 32233 Ph (904)247-5855 Fax (904) 247=5805 E-mail: asherrer @coab.us 1 COPY CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA Petitioner, vs. CASE NO.: #165-05 BENJAMIN BROWN,JR., Respondent ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on April 12,2005,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 Benjamin Brown Jr.is the owner of record of the property located at 457 Sailfish Drive, Atlantic Beach,Florida,RE# 171374-0000. 2. That notice was served on March 28,2005 and that he was present 3. That previous notifications of the violation of Chapter 12, Sec 12-1 (b)(7)OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS;Chapter 24,Sec 24-104 CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT,were made and served on the Property Owner as evidenced in this hearing. CONCLUSIONS OF LAW That Benjamin Brown,Jr.is guilty of violating Chapter 12,Sec 12-1 (b)(7)OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS;Chapter 24, Sec 24-104 CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT and has failed to correct such violation as of this hearing. 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 be found guilty for non-compliance, and as a repeat violator be fined the full$589.16 in administrative costs plus$500.00 for each violation. THAT the Respondent be granted until May 4,to bring his property into full compliance and that a fine of$200.00 a day be imposed for every day after that until compliance is met, and failure to comply will result in a lien on the Respondent's property at 457 Sailfish Drive. THAT the Respondent is unlicensed and cannot be licensed to conduct a salvage business in a residential district and be forbidden from storing/separating any scrap metal,junk cars, or any other salvage materials onto the property at 457 Sailfish Drive,nor permitted to bring, store or park a loaded trailer at the aforementioned property. THAT the Respondent be given 3 months to pay all fines and fees assessed and failing to make payment a lien be placed against the property of 457 Sailfish Drive. All lien amounts are to be made payable with interest at a rate of ten(10)percent per annum from the date of certification until paid. Total of fines and administrative costs to be paid are$1,589.16. Failure to comply with this Order within the specified time will result in the recordation of this Order,which constitutes a lien upon any real or personal property owned by the violators. If such lien is filed,you will be assessed all costs incurred in recording and satisfying this lien. The Code Enforcement Board is authorized to collect, or settle said lien using any legal or equitable remedies available, after three(3)months from the filing of any lien, which remains unpaid. This Order becomes self-executing upon an Affidavit of Non-Compliance being filed with the City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 13"day of April,2005. CITY OF ATLANTIC BEACH,FLORIDA CODE ENF CEMENT BOARD By Curtis M. Sanders,Jr.,Chairman Attest: }}�� Susan Gorman, Secretary ATTENTION: It is vour responsibility to notify Alex Sherrer,Code Enforcement Officer, at 247-5855 and satisfactorily demonstrate that the violation has been corrected. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA Petitioner, CASE NO.: #839-04 vs. BENJAMIN BROWN, JR., Respondent ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on July 12,2005,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 Benjamin Brown Jr.is the owner of record of the property located at 457 Sailfish Drive, Atlantic Beach,Florida,RE# 171374-0000. 2. That notice was posted on the property on July 11, 2005 and the Respondent was present at the hearing. 3. That notifications of the violation of Chapter 6-16:FLORIDA BUILDING CODE AS ADOPTED,NO PERMIT,NO INSPECTION;Chapter 24,Sec 24-151 (b)(1)i HAVING MORE THAN ONE STORAGE/TOOL SHED;CHAPTER 12,SEC.12-1 (b)6 UNSOUND FENCING,were made and served on the Property Owner as evidenced in this hearing. CONCLUSIONS OF LAW That Benjamin Brown,Jr. is guilty of violating Chapter 6-16,FLORIDA BUILDING CODE AS ADOPTED,NO PERMIT,NO INSPECTIONS; Chapter 24,Sec 24-151 (b) (1)i HAVING MORE THAN ONE STORAGE/TOOL SHED; CHAPTER 12,SEC. 12-1 (b) 6 UNSOUND FENCING. 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 guilty of non-compliance and is required to bring his property into compliance not later than August 11,2005. That failure to comply within the prescribed time will result in a fine of$250.00 per day until compliance is met. Administrative fees are waived. THAT the Respondent is permitted not more than one storage/tool shed, which must be permitted through the City of Atlantic Beach Building Department,and is required to remove any non-permitted storage/tool sheds from his property. THAT the Respondent is required to correct the dilapidated fencing found on his property,and as there is no requirement for fencing,the existing dilapidated fence must be repaired,replaced or removed within the prescribed time. The Code Enforcement Officer must inspect any fencing that is repaired or replaced before compliance is satisfied. THAT failure to comply with this Order within the specified time will result in the recordation of this Order,which constitutes a lien upon any real or personal property owned by the violators. If such lien is filed, you will be assessed all costs incurred in recording and satisfying this lien. All lien amounts are to be made payable with interest at a rate of ten(10) percent per annum from the date of certification until paid The Code Enforcement Board is authorized to collect,or settle said lien using any legal or equitable remedies available,after three(3)months from the filing of any lien,which remains unpaid. This Order becomes self-executing upon an Affidavit of Non-Compliance being filed with the City Clerk's Office and a hearing shall not be necessary. DONE AND ORDERED THIS 13`s day of July, 2005. CITY OF ATLANTIC BEACH,FLORIDA ZENF 7MENT BOARD Curtis M. Sanders,Jr.,Chairman " Attest: }� yJl9'��G1r`.- Susan Gorman, Secretary ATTENTION• It is your responsibility to notify Alex Sherrer,Code Enforcement Officer, at 247-5855 and satisfactorily demonstrate that the violation has been corrected. Mr. Benjamin Brown Jr 457 Sailfish Dr Atlantic Beach, FL 32233 Case # 537-03 Imposed Fine: $7,500.00 Administrative Fees: $549.62 Total Amount Due $8,049.62 Thirty (30) days to pay total amount assessed. Failure to pay will result in lien being placed on property at 457 Sailfish Dr for any amount owed at a simple interest rate of 10% per year. � 1 i � net siaa.iro. x rc s�� n: { i i oMiiclat Wsbsne of rw C y 01 Jaekson'.08,ROriba Duval County Tax Collector 2002 Real Estate Tax Summary Property Information Real Estate No. 171374-0000-9 Name BENJAMIN JR BROWN Address 457 SAILFISH DR Mailing Address for the Property 457 SAILFISH DR P O BOX 51513 JACKSONVILLE BEACH FL 32240 - 1513 Legal Description of Property 31-001 38-2S-29E USD3 ROYAL PALMS UNIT 2 A LOT 1 BLOCK 27 0/R BK 7095-881 Tax Information Assessed Value 74983 Govt. Tax Value 49983 Exempt Code H RE Tax Lien Amt. Non Ad Val By Int. Amt. By Pen Amt. Gross Tax 973.96 .00 .00 .00 .00 973.96 CURRENT YEAR TAX TOTAL AMOUNT DUE IF PAID IN November December January February March April 935.00 944.74 954.48 964.22 973.96 1,008.18 Payment Information Paid Code UNPAID Paid Date Exception Code 997 Unpaid Certificate Information Amount Due for Certificate No. Certificate Holder Amount SEPTEMBER 2002-17792-000-8 EQUIFUNDING INC 1,033.23 1,177.24 2003-17349-000-9 WACHOVIA BANK NA AS CUST/TRUSTEE FOR 1,058.34 1,117.51 Mailing Map-It Payment Appraisal Address Feedback Feedback Feedback Home Property Map Appraiser While the Duval County Tax Collector's office has attempted to ensure that the data contained in this file is accurate and reflects the property's characteristics, the Duval County Tax Collector's Office makes no warranties, expressed or implied, concerning the accuracy, completeness, reliability, or suitability of this data. The Duval County Tax Collector's Office does not assume any liability associated with the use or misuse of this data Mayor-City Councii -Jobs - About Jax - I want to... - I am... - Services - Departments MR4'nIC3 City of Atlantic Beach 9/19/05 ` Miscellaneous Receivables Inquiry 13 : 43 : 49 Customer ID . . . 115 Name : Brown, Benjamin Last statement 9/01/05 Addr: P. O. Box 51513 Last invoice 5/23/05 JAX BEACH, FL 32240-1513 Current balance 9, 438 . 78 Pending . . . . . 5, 000 . 00 A ACTIVE Code Enforcement Charge code . . . . . . CE001 Transaction date . . . 4/13/05 Quantity . . . . . . . 1 . 00 Original amount 1, 589 . 16 g Amount unpaid . 1, 589 . 16 Aging control . . . . . : 003 Over 90 GIS O Posting priority . . . : 50 Reference number . . . : �;Iktl0 Original billing date . : 0/00/00 Description . . . . . . : Code Enforcement Fines Comment . . . . . . . . Invoice this charge . . : Y Press Enter to continue. F3=Exit F5=Misc Information F12=Cancel F15=Charge/Payment Relationship t9 MR411Dgl City of Atlantic Beach 9/19/05 Customer Charge Misc Information Inquiry 13 : 43 : 46 Customer ID . . . . . . . . . . . . 115 Brown, Benjamin Charge code . . . . . . . . . . . . CE001 Code Enforcement Fines Keep m .sc charge info after printing Y Y=Yes, N=No Seq# Miscellaneous charge information 1 . 00 Per case #165-05: if fine & administrative cost of 2 . 00 $1, 589 . 16 is not paid by 05/04/2005, there is an 3 . 00 additional fine of $200 per day to be assessed More. . . F3=Exit F12=Previous r: CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES January 9, 2007 Call to Order: PRESENT: Carl Russell, Chairman Ray Breault Mamie Hurd Ron Pendleton, Vice Chairman Velda Wells Barbara Weiss Juliette Hagist, Alternate Richard Ouellette AND: Alex Sherrer, Code Enforcement Officer Susan Gorman, Secretary ABSENT: Suzanne Green, Prosecuting, Attorney, excused Alan Jensen, City Attorney, excused Chairman Russell called the meeting to order at 7:05 p.m., followed by the Pledge of Allegiance to the Flag by all present. Chairman Russell requested that the roll be read. Secretary Gorman read the roll and determined that there was a quorum. Chairman Russell motioned to approve the minutes from September 12, 2006. Motion carried unanimously. 1. SWEARING IN OF WITNESSES Chairman Carl Russell swore in the witness 2. HEARING Appeal of Case # 165-05, Mr. Benjamin Brown went before the Board to demonstrate compliance and request a reduction in fines. Code Enforcement Officer Alex Sherrer distributed Page 2. January 9, 2007 Documentation of Case #165-05 and advised the Board of Mr. Brown's current compliance. Board Members directed questions to Mr. Brown and Code Enforcement Officer Alex Sherrer. The Board discussed the amount of time devoted to Case #165-05 and agreed to the need for resolution. Board Members agreed to consider a reduction in the fines that had amassed under Case # 165-05, and that all other existing fines and accruements from previous cases would remain in effect. The reduction would be contingent upon the absence of violations or warnings for an extended period of time, and as the violations under Case #165-05 were corrected, only the interest would continue to accrue. Chairman Russell asked for a motion. Board Member Ron Pendleton motioned to forgive or reduce the current fine associated with Case #165-05 by seventy percent, if the respondent remains free of violations of any kind through December 31, 2007. Board Member Mamie Hurd seconded, the motion passed unanimously. The Code Enforcement Board agreed not to hear another appeal related to Case#165-05. 3. ELECTION OF CHAIR Board Member Ron Pendleton nominated Carl Russell to continue as Chair of the Code Enforcement Board. Barbara Weis seconded,motion passed unanimously. Chairman Russell called for a motion to adjourn; a motion was made and carried. The Code Enforcement meeting adjourned at 8:35 p.m. Chairman, CEB Attest: Susan Gorman, Secretary CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES January 9, 2007 Call to Order: PRESENT: Carl Russell, Chairman Ray Breault Mamie Hurd Ron Pendleton, Vice Chairman Velda Wells Barbara Weiss Juliette Hagist, Alternate AND: Alex Sherrer, Code Enforcement Officer Susan Gorman, Secretary ABSENT: Suzanne Green, Prosecuting, Attorney, excused Alan Jensen, City Attorney, excused Chairman Russell called the meeting to order at 7:05 p.m., followed by the Pledge of Allegiance to the Flag by all present. Chairman Russell requested that the roll be read. Secretary Gorman read the roll and determined that there was a quorum. Chairman Russell motioned to approve the minutes from September 12, 2006. Motion carried unanimously. 1. SWEARING IN OF WITNESSES Chairman Carl Russell swore in the witness 2. HEARING Appeal of Case # 165-05, Mr. Benjamin Brown went before the Board to demonstrate compliance and request a reduction in fines. Code Enforcement Officer Alex Sherrer distributed Page 2. January 9, 2007 Documentation of Case #165-05 and advised the Board of Mr. Brown's current compliance. Board Members directed questions to Mr. Brown and Code Enforcement Officer Alex Sherrer. The Board discussed the amount of time devoted to Case #165-05 and agreed to the need for resolution. Board Members agreed to consider a reduction in the fine alone, contingent upon the absence of violations or warnings for an extended period of time. Chairman Russell asked for a motion. Board Member Ron Pendleton motioned to forgive or reduce the current fine associated with Case 9165-05 by seventy percent, if the respondent remains free of violations of any kind through December 31, 2007. Board Member Mamie Hurd seconded, the motion passed unanimously. The Code Enforcement Board agreed not to hear another appeal related to Case #165-05. 3. ELECTION OF CHAIR Board Member Ron Pendleton nominated Carl Russell to continue as Chair of the Code Enforcement Board. Barbara Weis seconded, motion passed unanimously. Chairman Russell called for a motion to adjourn; a motion was made and carried. The Code Enforcement meeting adjourned at 8:35 p.m. Chairman, CEB Attest: Susan Gorman, Secretary