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CE LN 1365 Violet ST #14-1316 2015 Doc#20150347 i 5,OR BK 17066 Page 745, Number Pages:2 Recorded 02/1 31201 5 at 09:49 AM, CITY OF ATLANTIC BEACH, FLORIDA Ronnie Fussell CLERK CIRCUIT COURT DUVAL COUNTY CODE ENFORCEMENT BOARD RECORDING$18.50 ORDER CITY OF ATLANTIC BEACH, FLORIDA, Petitioner CASE NO. 14-1316 vs. FEDERAL NATIONAL MORTGAGE ASSO FIRST CLASS AND P O BOX 650043 CERTIFIED MAIL RETURN RECEIPT DALLAS, TX 75265 REQUESTED: 7012 2210 0001 1385 3787 Property Address: 1365 VIOLET ST Atlantic Beach, FL Real Estate No. 171061-0120 Legal Description: Lot S 34 FT LOt 2,N 5 FT Lot 3, Block 233, SEC H Atlantic Beach ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on January 13, 2015, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT 1) That the Respondent owns the property located at 1365 VIOLET ST , Atlantic Beach, Florida. 2) That notice was sent by certified mail and that Respondent was present at the hearing. 3) That notification of the violations of the City of Atlantic Beach, were made and served on the Respondent as evidenced in this hearing. Vacant Structures and LandIPMC 301.3 Board and Secure IPMC 109.2 Temp Safeguards Exterior Walls IPMC 304.6 Premises Identification IPMC 304.3 Protective Treatment IPMC 304.2 \ Unfit for Human Habitation IPMC 108.1.5 3 Window Glazing IPMC 304.13.1 The aforementioned property shall be corrected by boarding and securing the abandoned property, replace the missing glazing in the windows and sliding glass door including the missing frame, repair the exterior walls,paint the exterior of the structure, install 4"house numbers and maintain the property secured. CONCLUSIONS OF LAW THAT the Respondent is not in compliance and has failed to correct such violation as of this hearing date. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered: THAT the Respondent is found in violation for non-compliance and must obtain compliance on or before January 31, 2015. Failure to comply will result in fines of$200.00 for the first day and $200.00 for every day thereafter while the violation continues to exist. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. THAT the Respondent is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance. THAT failure to pay all accumulated fines will result in a lien being placed against the property at 1365 VIOLET ST 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. DONE AND ORDERED THIS 13th day of January, 2015. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ATTEST: Dayn . Williams, Secretary By: Veda Harless, Chair Executed this h day of , 2015. PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this order shall be filed in circuit court STATE OF FLORIDA DWAL COUNTY within thirty (30) days of this order's I.the undersigned City Clerk for the City of Adm­Beach, Duval County.Florida,do hereby oartBY dw WNW and execution. forspoirp is a true and=red copy of the orNPW as it appears on reoord and me in tha a ke of the City CNrk for Atlantic Beach.Wltnaas my hand and oAldal seal of the City of Atlantic Beach.Florida. this 1a"�4 day of FGbr"r Zp 15. p�0�ryrc.at. Cky CWk Page 1 of 1 (R+J'�8 �`? I IIIII�VIII VIII VIII VIII VIII VIII IIII IIII Print Date: 2/13/2015 9:49:53 AM ' :: .. ' Transaction#: 2736074 �""'' Receipt#: 2662090 Cashier Date: 2/13/2015 Ronnie Fussell 9.49.50 AM Clerk Circuit Court (KJEWELL) Duval County 501 West Adams St RM 1051 Jacksonville, FL 32202 (904) 255-2000 Customer Information Transaction Information Payment Summary DateReceived: 02/13/2015 Source Code: BEACH () CITY OF ATLANTIC BEACH Q Code: BEACH Return Code: Over the Total Fees $18.50 Counter Total Payments $18.50 Trans Type: Recording Agent Ref Num: 1 Payments &� CASH $18.50 1 Recorded Items ffflBKPG: 170661745 CFN:2015034715 (LN) LIEN Date:2 11312015 9:49:47AM From:ATLANTIC BEACH CITY OF To: FEDERAL NATIONAL MOR TGA GE ASSOCIA TION INDEXING 2 $0.00 RECORDING 2 $18.50 0 Search Items 0 Miscellaneous Items file:NC:/Program%20Files/RecordingModule/default.htm 2/13/2015 Doc#20 i 50347 i 5. OR BK i 7066 Page 745, Number Pages:2 Recorded 02/13/2015 at 09:49 AM, CITY OF ATLANTIC BEACH, FLORIDA Ronnie Fussell CLERK CIRCUIT COURT DUV COUNTY CODE ENFORCEMENT BOARD RECORDING$18.50 ORDER CITY OF ATLANTIC BEACH,FLORIDA, Petitioner CASE NO. 14-1316 VS. FEDERAL NATIONAL MORTGAGE ASSO FIRST CLASS AND P O BOX 650043 CERTIFIED MAIL RETURN RECEIPT DALLAS,TX 75265 REQUESTED: 7012 2210 0001 1385 3787 Property Address: 1365 VIOLET ST Atlantic Beach, FL Real Estate No. 171061-0120 Legal Description: Lot S 34 FT LOt 2,N 5 FT Lot 3, Block 233, SEC H Atlantic Beach ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on January 13, 2015, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT 1) That the Respondent owns the property located at 1365 VIOLET ST , Atlantic Beach, Florida. 2) That notice was sent by certified mail and that Respondent was present at the hearing. 3) That notification of the violations of the City of Atlantic Beach,were made and served on the Respondent as evidenced in this hearing. Vacant Structures and LandIPMC 301.3 Board and Secure IPMC 109.2 Temp Safeguards Exterior Walls IPMC 304.6 Premises Identification IPMC 304.3 Protective Treatment IPMC 304.2 \ Unfit for Human Habitation IPMC 108.1.5 3 Window Glazing IPMC 304.13.1 The aforementioned property shall be corrected by boarding and securing the abandoned property,replace the missing glazing in the windows and sliding glass door including the missing frame, repair the exterior walls,paint the exterior of the structure, install 4"house numbers and maintain the property secured. CONCLUSIONS OF LAW THAT the Respondent is not in compliance and has failed to correct such violation as of this hearing date. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered: THAT the Respondent is found in violation for non-compliance and must obtain compliance on or before January 31, 2015. Failure to comply will result in fines of$200.00 for the first day and $200.00 for every day thereafter while the violation continues to exist. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. THAT the Respondent is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance. THAT failure to pay all accumulated fines will result in a lien being placed against the property at 1365 VIOLET ST 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. DONE AND ORDERED THIS 131h day of January, 2015. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD ATTEST: Dayn . Williams, Secretary By: Veda Harless, Chair Executed this o(�`S� day of , 2015. PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this order shall be filed in circuit court STATE OF FLORIDA DUVAL COUNTY within thirty (30) days of this order's I,the undersigned City Clerk for the City of Atlantic Beach, Duval County,Florlde,do hereby oerwy the within and execution. foregoing is a true and correct oW of the original as It appears on record and Me in the oflice of the City Cork for Atlantic Beach.Witness my hand and offl W seal Of the City of Atlantic Beach,Florida, 1.this la" day of rluu 15 f/��u-ryYt,CV City Clerk Page 1 of 1 °F.;.".E.�:aQO� I(IIIII IIIII VIII IIIII IIIII IIIII VIII(III IIII �A CUIp Print Date: 2/13/2015 9:49:53 AM "9 ........... Transaction#: 2736074 Receipt#: 2662090 Cashier Date: 2/13/2015 Ronnie Fussell 9.49.50 AM Clerk Circuit Court (KJEWELL) Duval County 501 West Adams St RM 1051 Jacksonville, FL 32202 (904) 255-2000 Customer Information Transaction Information Payment Summary DateReceived: 02/13/2015 Source Code: BEACH () CITY OF ATLANTIC BEACH Q Code: BEACH Return Code: Over the Total Fees $18.50 Counter Total Payments $18.50 Trans Type: Recording Agent Ref Num: 1 Payments M— $18.50 Ed CASH 1 Recorded Items BK/PG: 170661745 CFN.•2015034715 wl (LN) LIEN Date:2 11312015 9:49:47AM From:ATLANTIC BEACH CITY OF To: FEDERAL NATIONAL MORTGAGE ASSOCIATION INDEXING 2 $0.00 RECORDING 2 $18.50 0 Search Items 0 Miscellaneous Items file:NC:/Program%20Files/RecordingModule/default.htm 2/13/2015 3 k I}� a b x ,„3•s.� r «� «�as �"� � ' °�` � � 4� r ,g,'�imp;�a# J. l a � '4.�.�� �� �s '" 4• "�d'�a t t ° ,'." K r r 1 T Y i S�►r �'t �v t rgn' .wt ,p'�t •i t 'aid t+�.+y-a �r � JAI i jala " j"' •� err � �r, � � ^� `14�.ry t ,E 1 Axe-. q 4 ` J`-• .(y.x e_ t , 6 IN �f '} L..er .. f + i `1.r t ` JA ip nr r yy 1 V m -� � � III `. •' • v � � 4 r ✓ + 4 r' 4� ,O X` d^ p 5 t t � F �g i*t' v . t c c e, � v ♦ b ac g r JW W 14 f , I-, , (L CITY OF ATLANTIC BEACH, FLORIDA - _ CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH, FLORIDA,Petitioner CASE NO. 14-1316 vs. FEDERAL NATIONAL MORTGAGE ASSO FIRST CLASS AND P O BOX 650043 CERTIFIED MAIL RETURN RECEIPT DALLAS, TX 75265 REQUESTED: 7012 2210 0001 1385 3787 Property Address: 1365 VIOLET ST Atlantic Beach, FL Real Estate No. 171061-0120 Legal Description: Lot S 34 FT LOt 2,N 5 FT Lot 3, Block 233, SEC H Atlantic Beach ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on January 13, 2015, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT 1) That the Respondent owns the property located at 1365 VIOLET ST , Atlantic Beach, Florida. 2) That notice was sent by certified mail and that Respondent was present at the hearing. 3) That notification of the violations of the City of Atlantic Beach, were made and served on the Respondent as evidenced in this hearing. Vacant Structures and LandIPMC 301.3 Board and Secure IPMC 109.2 Temp Safeguards Exterior Walls IPMC 304.6 Premises Identification IPMC 304.3 Protective Treatment IPMC 304.2 \ Unfit for Human Habitation IPMC 108.1.5 3 Window Glazing IPMC 304.13.1 The aforementioned property shall be corrected by boarding and securing the abandoned property,replace the missing glazing in the windows and sliding glass door including the missing frame, repair the exterior walls,paint the exterior of the structure,install 4"house numbers and maintain the property secured. CONCLUSIONS OF LAW THAT the Respondent is not in compliance and has failed to correct such violation as of this hearing date. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered: THAT the Respondent is found in violation for non-compliance and must obtain compliance on or before January 31, 2015. Failure to comply will result in fines of$200.00 for the first day and $200.00 for every day thereafterr while the violation continues to exist. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. THAT the Respondent is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance. THAT failure to pay all accumulated fines will result in a lien being placed against the property at 1365 VIOLET ST 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. DONE AND ORDERED THIS 13th day of January, 2015. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ATTEST: Dayn . Williams, Secretary By: Veda Harless, Chair Executed this �`Sf day of , 2015. PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this order shall be filed in circuit court within thirty (30) days of this order's execution. i Case History Report For Case ID: 14-1316 Report generated on Jan 7, 2015 3:14:30 PM Page 52 Case Type: RESIDENTIAL Alternate Description: house open,sgd in rear out of frame,overgrown,dead limbs in yard,dead trees Case Status: ACTIVE Last Status Change Date: 11/05/2014 Case Manager: DEBORAH WHITE Case Origination: CITIZEN COMPLAINT Case Created Date: 11/05/2014 Visibility: Public Case Established Date: 11/05/2014 Primary Address: 1365 VIOLET ST Location ID: 3564 ATLANTIC BEACH,FL 32233 Case Notes No Notes for Case Related Parties Name Related Party Address Address Phone Phone Type Type Number Type FEDERAL NATIONAL MORTGAGE ASSO PROPERTY P 0 BOX 650043 Mailing OWNER CONVERSION,CONVERSION**99999 HH Isto Initial Violation Established Date Resolved Date Violation Status Short Description Violation Street Address Board and Secure-IPMC Sec 109.2 Temp Safeguards 11/05/2014 ACTIVE 1365 VIOLET ST Exterior Walls-IPMC Sec.304.6 11/05/2014 ACTIVE 1365 VIOLET ST Premises Identification-IPMC Sec.304.3 11/05/2014 ACTIVE 1365 VIOLET ST Protective Treatment-IPMC Sec,304.2 11/05/2014 ACTIVE 1365 VIOLET ST Unfit for Human Habitation-IPMC SEC. 108.1.5 3 11/05/2014 ACTIVE 1365 VIOLET ST Vacant Structures and Land-IPMC 301.3 11/05/2014 ACTIVE 1365 VIOLET ST Window Glazing-IPMC Sec.304.13.1 11/05/2014 ACTIVE 1365 VIOLET ST INITIAL INSPECTION Resulted Inspector Inspector Inspection Name Name Timestamp Insp Time(Min) Inspection Result Status DEBORAH DEBORAH 11/06/2014 VIOLATIONS FOUND-11/05/2014 WHITE WHITE Inspection Comments: Resulted Resulted Met on site with ABPD,sgd in rear glass laying in floor inside,broken window no locks,front door in open unable to secure busted hardware NOTICE OF VIOLATION Notice Related Party Recipient Address Assoc. Document Tracking Name Association Type Level Address Type Issued Info CHECK STATUS OF CMRRR NOTICE Server Name:atlb-rpt.aspgov.com User Name:ASPCUST\ATLBDAW Case History Report For Case ID: 14-1316 Report generated on Jan 7, 2015 3:14:30 PM Page.5 33 Description Scheduled Date Result Date Time Spent 11/1312014 11/13/2014 REINSPECTION Resulted Inspector Inspector Inspection Name Name Timestamp Insp Time(Min) Inspection Result Status DEBORAH DEBORAH 11/19/2014 VIOLATION CONTINUES-12/01/2014 WHITE WHITE Inspection Resulted Comments: Resulted RECOMMENDATION: Staff recommends the Board find the property owner in violation and order that compliance be achieved by (insert action needed for compliance) by(date)or a fine of$100.00 be imposed for the first day and$100.00 for everyday thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Resulted RECOMMENDATION: Staff recommends the Board find the property owner in violation and order that compliance be achieved by compliance with boarding and securing the structure by January 19th,2015,failure to comply by deadline order the City to board and secure the structure at the property owners expense and compliance with all remaining violations by January 31,2015,or a fine of$100.00 be imposed for the first day and$100.00 for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. NOTICE OF HEARING Notice Related Party Recipient Address Assoc. Document Tracking Name Association Type Level Address Type Issued Info REINSPECTION Resulted Inspector Inspector Inspection Name Name Timestamp Insp Time(Min) Inspection Result Status DEBORAH DEBORAH 01/07/2015 10 VIOLATION CONTINUES-01/07/2015 WHITE WHITE Inspection Resulted Comments: Resulted RECOMMENDATION: Staff recommends the Board find the property owner in violation and order that compliance be achieved by boarding and securing the abandoned property,replacing the missing glazing windows and sliding glass door including missing frame,repair exterior walls,paint the exterior of the structure, install 4"house numbers and maintain property secured by January 31,2015 or a fine of$200.00 be imposed for the first day and$200.00 for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. CODE BOARD MEETINGS Scheduled Start Date Calendar Type 01/13/2015 Meeting Server Name:atlb-rpt.aspgov.com User Name:ASPCUST\ATLBDAW 11/25/2014 JPM organ Chase-FW:1365 Violet Street Atlantic Beach FL JPMORGAN C H S E O. , Sign Out ` Help dwhite@coab.us From: marjorie.lane @chase.com Print Authenticated by jpmchase.com Valid Signature (Help) To: Dave.Dufort @seterus.com Cc: dwhite @coab.us Sent: Tue Nov 25, 2014 12:30 PM (1 hour ago) Subject: FW: 1365 Violet Street Atlantic Beach FL Attached: NOV 1365 Violet St 2014.docx (151 kb) - View, Download 1365 Violet NOV 2014.docx (146 kb) - View, Download https:Hsecurem ai I.j pm chase.com/reader/30627dce8d890126d2c687094ce2Oacacff6O92d 1/3 CEB Compliance Investigation Form Investigation# Deadline of CEB Order: Defendant/Owner: Address: /,)(,s- Phone # Compliance/Status on Violations: Action Taken: Compliance: Legal Description: RE#: COMMENTS: FACEB\Compliance Investigation Form.doc Oct 9 2009 ■ Complete items 1,2,and 3.Also complete A. Sign e item 4 if Restricted Delivery is desired. 0 ❑ entf ■ Print your name and address on the reverse X �! Addressee so that we can return the card to you. B. geceived by rin ed ame) ! +F• ofbelivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. ' D. Is delivery addre e ss i e 7 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No �aiional gfiA � � SSDt'(oiD�1 3. Se"Type E Certified Mail ❑ press Mail ❑RegisterE 616turn Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) ?012 2 210 0001 13 8 5 3398 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING December 17, 2014 CASE No. 14-1316 CERTIFIED MAIL RETURN RECEIPT FEDERAL NATIONAL MORTGAGE REQUESTED: ASSOCIATION 7012 2210 0001 1385 3398 P O BOX 650043 DALLAS, TX 75265 Property Address: 1365 VIOLET ST Atlantic Beach, Florida Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on Tuesday, January 13, 2015, at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known as Lot S 34 FT Lot 2, N 5 FT Lot 3, Block 233, SEC H Atlantic Beach, RE#171061-0120. International Property Maintenance Code/ City Code of Ordinances IPMC Sec. 301.3 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. Section 109.2 Temporary Safeguards. Notwithstanding other provisions of this code,whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. Sec. 108.1.5 3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. IPMC Sec. 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm) IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. IPMC Sec 304.2 Protective treatment. All exterior surfaces including but not limited to, doors and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or or corrosion shall be coated to inhibit such rust and corrosions and all surface with rust or corrosion and shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at (904)247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact Dayna Williams, Secretary of the Code Enforcement Board within five days of the receipt of this notice at (904) 247-5810. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. Notice of Hearing- Case#14-1316 Page 2 of 3 ATTEST: Dayna Williams, Secretary Deborah White, Code Enforcement Officer Notice of Hearing-Case#14-1316 Page 3 of 3 S rt 1 LJf1,, J � J REQUEST FOR NOTICE OF HEARING LETTER DATE: l / RE#: CASE#: / �<✓/ PROPERTY ADDRESS OF VIOLATION: LEGAL DESCRIPTION: PROPERTY OWNER: SEND CERTIFIED LETTER(S)TO: (Please check (�) and explain all that apply) ❑ PROPERTY OWNER AT: ❑ ADDRESS (ABOVE) ❑ DIFFERENT MAILING ADDRESS AS FOLLOWS: ❑ TENANT, AT THE FOLLOWING ADDRESS: (Tenant's Maine) MEETING DATE: / VIOLATION(S): (Please check (�) and explain all that appl) X1PMC 1:1 AB CODE SECTION: �' yxc_�t -IPMC ❑ AB CODE SECTION: �• oZ MC ❑ AB CODE SECTION: v �'•/�• 3 ❑ -IPMC L1 AB CODE SECTION: 30 �` • 13 E IPMC ❑ AB CODE SECTION: :5d V. 3 �—, (i?1PMC ❑ AB CODE SECTION: 60 AME AS ATTACHED: �j U �• -�! . ❑ NOTICE OF VIOLATION DATED: h:±� DATED: Optional Section Gj SPECIAL INSTRUCTION: ❑ Mail copy of Notice to 11 Other: 35 of 43 SECTION SENDER: COMPLETE THIS SECTION COMPLETr Hk; ON • Complete items 1,2,and 3.Also complete •A. Si �e item 4 if Restricted Delivery is desired. X ❑ gen • Print your name and address on the reverse ressee so that we can return the card to you. B. Received by�ri��ttee me)FO C.Y a� vry • Attach this card to the back of the mailpiece, l. W or on the front if space permits. D. Is delivery address different from item 1? 13 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No 3. Service Type ❑Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 701,3 1,710 0002 1,691, 0483 (Transfer from servia____ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540, ?�.r•L`I r CITY OF ATLANTIC BEACH sJ 800 SEMINOLE ROAD 1 s� ATLANTIC BEACH, FL 32233 PHONE (904) 247-5855 November 5, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70131710000216910483 FEDERAL NATIONAL MORTGAGE ASSOCIATION P O BOX 650043 Dallas, Texas 75265-0043 Real Estate No. 171061-0120 CASE NO. 14-1316 Location of Violation: 1365 VIOLET ST, Atlantic Beach, Florida Lot S 34 FT LOt 2, N 5 FT Lot 3, Block 233, SEC H Atlantic Beach Dear Property Owner: M Please be advised, Atlantic Beach Code Enforcement has found your property referenced abovel' )-VD to be in violation of the City of Atlantic Beach, Code of Ordinances and International Property Maintenance Code as adopted to wit: VIOLATIONS IPMC Sec. 301.0 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting WAt problem or adversely affect the public health or safety.(vacant property, open to vagrants, very overgrown, large limbs in yard, etc.) Section 109.2 Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.(Property is open to vagrants, missing door in rear, front door has inadequate hardware to secure, front kitchen window if broken and has no lock in place) Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes.(busted and missing windows and doors) r IPMC Sec. 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm) (inadequate missing house numbers) IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. IPMC Sec 304.2 Protective treatment. All exterior surfaces including but not limited to, doors and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or or corrosion shall be coated to inhibit such rust and corrosions and all surface with rust or corrosion and shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. This letter requests that the noted violations be corrected by BOARDING AND SECURING THE PROPERTY and MOWING AND CLEANING THE YARD WITHIN FIVE 15) DAYS OF RECEIPT OF THIS NOTICE AND to complete all other repairs within ten (10) days of the receipt of this notice.. Failure to comply with boarding and securing the property the City will make necessary arrangements to have the property secured at your expense and including a 100% administrative fee and lien placed on the property. To avoid having this case be referred to the Code Enforcement Board, all listed violations on this notice must be in compliance on or before the date established by Atlantic Beach Code Enforcement. The Board may impose fines up to two hundred fifty ($250.00) per day for continuing violations. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance. It is our goal to keep our neighborhoods looking well maintained while protecting property values and your cooperation in this matter is greatly appreciated. Please contact Atlantic Beach Code Enforcement at 904 247-5855 if you have any questions or need additional information. Sincerely, Deborah White CODE ENFORCEMENT OFFICER Page Number 2 November 5, 2014 c "` � '� CEB Compliance Investigation Form Investigation# Deadline of CEB Order: Defendant/Owner: Address: l3ee-.5" V4-6-t Phone # Compliance/Status on Violations: Action Taken: Compliance: Legal Description: RE#: COMMENTS: FACEB\Compliance Investigation Fonn.doc Oct 9 2009 S CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 PHONE (904) 247-5855 AFFIDAVIT OF NON COMPLIANCE I, Deborah White, Code Enforcement Officer for the City of Atlantic Beach Code Enforcement Division, verify that the property referenced below was inspected on 1/7/2015 and property remains in violation: Property Address: 1365 VIOLET ST Real Estate Number: 171061-0120171061-0120, Lot S 34 FT Lot 2, N 5 FT Lot 3, Block 233, SEC H Atlantic Beach Case No. 14-1316 Owner of record whose name and mailing address is: Federal National Mortgage Association Post Office Box 75265 Dallas,Texas 75265 17 S� Date Signature STATE OF FLORIDA COUNTY OF DUVAL I, -7 I� L f"a L, a Notary Public of the County and State aforesaid, hereby certify that Deborah White, personally known to me to be the affiant in the foregoing affidavit, personally appeared before me this day and having been by me duly sworn deposes and says that the facts set forth in the above affidavit are true and correct. C /2 Witness my hand and official seal this the day of I otary Public, tate of It da YNotary Public State of Florida Shirley L Graham My Commission FF 088990 Expires 02/14/2018 r CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7017 0660 0000 3856 5088 vs. Property Address: 1365 Violet Street JP Morgan Chase Bank, NA 3415 Vision Drive Columbus, Ohio 43219 Atlantic Beach, FL 32233 Respondent. CASE NUMBER: 14-00000994 REAL ESTATE NUMBER: 171061-0120 LEGAL DESCRIPTION: LOT S 34 FT LOT 2, N 5 FT LOT 3, BLOCK 233, SEC H ATLANTIC BEACH, FL ORDER ON CASE No. 21-087 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on September 2, 2021, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders as follows: FINDINGS OF FACT 1. Respondent now owns the property located at 1365, Atlantic Beach, Florida (the Property). 2. Notice of the hearing was sent by Certified Mail. 3. The Respondent was represented by counsel, Mr. Greg Ahrens. Originally the Property was cited in 2013 for violations of tree clearing and other cosmetic violations. 4. The City of Atlantic Beach found the then Owner in violation and fined the Property which resulted in two liens being placed on the property. 5. After extensive litigation, Counsel for JP Morgan Chase Bank, NA stated the property is in compliance. However, the fines resulted in liens amounting to $304,000.00 and $700,000.00 respectively. The Respondent seeks a reduction in the fines due to the complex litigation and extent of the liens. 6. The City of Atlantic Beach said they would accept a 90% percent reduction in the liens for a total of$100,000,00. 7. Counsel for the Respondent stated they had been working on a "deal" with the Owner of the other half of the duplex (1369 Violet Street) and just recently settled in mediation. CONCLUSIONS OF LAW 8. The Respondent was provided proper notice of the violation and hearing and was represented by Counsel. Respondent and the City of Atlantic Beach agree to reduce the liens and represent the litigation is now complete. 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 shall pay a total of$50,000.00 to satisfy the liens within sixty (60) days from the date of this Order. No further interest shall accrue on the liens if paid within the sixty (60) days. DONE AND ORDERED THIS 14TH DAY OF SEPTEMBER, 2021. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: 04466(2 ' rAf--er =tit '1 / • Liu Kimberl tar lower, Records Clerk Suzanne W. Green, Special Magistrate Executed this 14th day of September 2021. PLEASE NOTE: Florida Statutes § 162.11 requires that any appeal of this order must be filed in the circuit court for Duval County within 30 days of this order's execution. 2 1Vvl (� ' 1 r • SEP 24 2021 CITY OF ATLANTIC BEACH, FLORIDA 4 CODE ENFORCEMENT BOARD City of Atlantic Beach, Florida, CASE NO's 14-0000094 & 14-1316 Petitioner vs. JP Morgan Chase Bank, NA Property Address: 1365 Violet St. Atlantic Beach, FL Respondent. RESPONDENT'S MOTION (REQUEST) FOR REHEARING Respondent, JP Morgan Chase Bank, N.A. through undersigned counsel files this its Motion (Request) for Rehearing of the ORDER ON CASE NO.21-087 (sic) entered September 14, 2021, (hereinafter, the "Order") upon hearing which took place before the Special Magistrate on September 2, 2021, (hereinafter, the "Hearing") and requests a rehearing pursuant to City of Atlantic Beach Code Section 2-148(c) and otherwise for cause and alternatively a Request for Clarification of the Order and for reasons states: 1. The Order includes incorrect or inaccurate case references and or facts which are unsupported and there exists new and material evidence which if introduced would have changed the Special Magistrate's decision. The Order was issued contrary to such evidence as it shows incorrect case information and factual basis for the ruling, that the amount to be paid was not agreed to by the parties and therefore unsupported. 2. The title of the Order is clearly erroneous as Case No. 21-087 can be attributed to another matter that was on the same September, 2, 2021, Special Magistrate's hearing Agenda as item 5A under the name of Thomas Patrick Bourdan, regarding the Property address: 342 19th St. 3. Two liens were addressed in Respondent's Request to Waive or Reduce outstanding lien amounts at the hearing, though only Case # 14-00000994 was referenced at the top of the Order. Case Number 14-1316 was also addressed at the Hearing and both liens should have been referenced (with specificity) in the body of the Order given both cases were considered and addressed. 4. The amount ordered to be paid by the Special Magistrate ($50,000) was not "agreed to;" as referenced in paragraph 8 of the Order as Counsel for Chase specifically represented at the Hearing that he only had authority to offer $10,000 and the City represented it could not go below $100,000. 5. At paragraph 7 of the Order it is stated that Counsel for the Respondent stated they had been working on a "deal" with the Owner of the other half of the duplex (1369 Violet Street) and just recently settled in mediation, which is partially correct (there was a mediation) but incorrect because the mediated agreement achieved (in an effort to address issues raised by the City that were not specifically referenced in the two code enforcement cases noted above) was contingent upon the results of the September 2, 2021, hearing before the Special Magistrate as represented on the record at the Hearing. The state court litigation from which the mediation was ordered has not yet concluded. WHEREFORE, Respondent requests a rehearing to consider new facts that were not available, at the time of the Hearing, as well as correcting inaccurate, inconsistent and unsupported findings or rulings and alternatively to clarify language in the order to reflect representations, references and evidence not accurately reflected in the Order. DATED this 24th day of September, 2021. Kahane &Associates, P.A. Counsel for Respondent 8201 Peters Road, Suite 3000 Plantation, Florida 33324 Telephone: (954) 382-3486 Telefacsimile: (954) 382-5380 By: Gregg S. Ahrens, Esq. Fla. Bar No.: 352837 Certificate of hand delivery of this Motion to Clerk, City of Atlantic Beach, FL, 800 Seminole Rd., Atlantic Beach, FL this 24th day of September 2021. ( .A'e #! !orthcutt, Esq. Fla. Bar No.: 538361