CE 457 SAILFISH #15-177 2015CODE ENFORCEMENT COVER SHEET
LOCATION: 1� 5 1 REST /COMM
CASE NUMBER: I I I'I NAME: ��VfVA
COMPLAINT TYPE: l�
VIOLATION:
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ACTION:
INITIAL INSPECTION
DOOR HANGER COURTESY NOTICE
MEETING WITH TENANT ON SITE
INSPECTION
NOTICE OF VIOLATIOW I
REINSPECTION
CHECK STATUS OF CMRRR NOTICE
POSTING NOV AND AFFIDAVIT
MEETING WITH OWNER ON SITE
NOTICE OF HEARING
CODE BOARD MEETINGS
OFFICER STATEMENT FORM_
POSTING NON AND AFFIDAVIT
TELEPHONE CALL
TELEPHONE MESSAGE_
NOTICE OF REHEARING
ORDER IMPOSING FINE W/COVERLTR
AFF NON -COMP W/CONTEST LTR
AFFIDAVIT OF COMPLIANCE
FILE LIEN
RECORD LIEN FILE TO CITY CLERK
RELEASE OF LIEN
CE FINE MEMO TO FINANCE
LIEN LETTER
MEETING WITH RESPONDENT
BUILDING PERMIT APPLIED FOR
CLOSED CASE
INTERNAL MEETING
REFER TO CITY ATTY/
COMPLIANCE MET 'b :w
OWNER OCCUPIED
TENANT OCCUPIED
VACANT
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
PHONE (904) 247-5855
August 12, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED
Benjamin Brown
457 Sailfish Dr.
Atlantic Beach, FL 32233
Real Estate No. 171374-0000 CASE NO. 15-177
Location of Violation: 457 SAILFISH DR,
Dear Property Owner:
Please be advised, Atlantic Beach Code Enforcement has
to be in violation of the City of Atlantic Beach, Code of (
VIOLATION
IPMC Sec.302.8 - Motor Vehicles "No inoperative or unli
or kept or stored on any premises, and no vehicle shall at a
major disassembly or in the process or being stripped or di
Motor Vehicle Fence Maintenance Sec. 24-157. Fences, W
Maintenance of fences. Fences that have been allowed to di
a negative impact on property values and the quality of neig
of neglect, damage or disrepair, shall be repaired, replaced c
Sec. 24-173. - Neighborhood preservation and property
your property referenced above
ices, to wit:
Lsed motor vehicle shall be parked
time be in a state of disrepair,
antled".
and Similar Structures (c)
orate to an excessive degree have
rhoods. Fences that are in a state
removed.
standards.
(a) Purpose and intent. The City of Atlantic Beach is composed predominantly of older
residential subdivisions and neighborhood scale commercial businesses serving these
neighborhoods. It is in the public interest of the city to foster diverse and stable neighborhoods
and to implement strategies in support of related objectives and policies as expressed within the
city's adopted comprehensive plan. The purpose and intent of these regulations is to provide
minimum standards for the acceptable conditions of properties and structures within the city and
to assist in the implementation of the International Property Maintenance Code, which is adopted
as article VIII within Chapter 6 of this Municipal Code of Ordinances.
(b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from
a street or a neighboring property shall be maintained in an acceptable manner, which shall be
defined by the following characteristics:
(1) Lots are maintained free of litter, trash, debris, discarded belongings, automotive parts
and old tires, construction materials, and broken and abandoned items.
(2) Dead shrubbery or landscaping is removed from lots, and where a resident is unable
to maintain a lawn or landscaping, dirt or sand areas are contained in some manner so as
to prevent dirt or sand from blowing or washing on to a jacent properties, the street or
the city's storm water system.
(3) Broken or missing glass in windows or doors is replaced with glass, and where
windows or doors are visible from the street, these are not covered with wood, fiberglass,
metal, cardboard, newspaper or other similar materials, except for a temporary time
period as needed to make proper repairs or to protect windows from wind-borne debris
during a storm.
(4) Trim work, eaves, soffits, gutters, shutters, and decorative features are not broken and
are securely attached as intended.
(5) Household items of any type that are customarily intended to be used and maintained
within the interior of a residence are not stored or discarded in any location on a lot that is
visible from a street. Similarly, within the rear or side y rds of a lot, such items are not
stored in a manner or amount such that an unsightly nuisance to neighboring properties or
an environment that attracts rodents, insects, or other an�mals and pests is created.
This letter requests that the noted violations be corrected
receipt of this notice.
The City of Atlantic Beach has received numerous citizen
condition. As per the court injunction, Case No: 16-2011
on September 12, 2012, this letter is notification that your
Additionally, this notification meets the requirements of I)
Code 107.3. If your property is not brought into complia
of Atlantic Beach will submit application to the Court for
by within ten (10) days of the
[plaints on your property's current
000385, signed by Judge Johnson
)erty is not in compliance.
[ational Property Maintenance
and maintained as such, the City
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,
�
MAIL,. RECEIPT
(DomesticCERTIFIE
0
For delivery information visit our website at www.usps.corn,
I OFFICIAL USE
John Markee
n
CODE ENFORCEMENT OFFICER
a
Postage $
ru
Certified Fee
O
C3
Return Receipt Fee Postmark
Here
1-3
(Endorsement Required)
Restricted Delivery Fee
C3
(Endorsement Required)
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ru
Total Postage & Fees $
Page Number 2
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Sent To
August 12, 2015
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or PO Box No.
----------------------- ----- ---------- ----- --------------------
City, State, ZIP+4
PS Form :0i August 2006 See Reverse for Instructions
ALAN C. JENSEN
Attorney at Law
935 North Third Street
Jacksonville Beach, Florida 32250
Mailing Address:
Post Office Box 50457
Jacksonville Beach, FL 32240-0457
September 18, 2012
James R. Hanson, City Manager
City of Atlantic Beach
800 Seminole Road
Atlm-itic Beach, FL 32233
RE: Atlantic Beach vs Benjamin Brown
Telephone: (904) 246-2500
Facsimile: (904) 246-9960 (call first)
E -Mail: AlanQa AJensenLaw.com
Dear Jim:
Enclosed is a conformed copy of the Consent Final Judgment of Injunction signed by Judge
Johnson on September 12, 2012, which we received in the mail today. I believe the judgment is
self-explantory, and it is in accordance -with the agreement between the parties as approved by the
City Commission at the shade meeting, but please contact me if you have any questions regarding
it.
As previously discussed, the City's remedy against Mr. Brown for any future violations under
Chapter 6, 12 and 24 of the Code of Ordinances is through court by way of a violation of the
injunction.
This matter should now be concluded for litigation purposes and will only come up again if future
cco dan�e with the codesn of the the City Hopefully, that will not
legal action is needed against Mr. Brown for
happen and he will maintain his property in a
Please feel free to contact me if you wish to discuss this matter further.
Enclosure
ACJ/sky
Cc: Donna Bartle, City Clerk (w/enc)
Mike Griffin, Building & Zoning Director (w/enc)
Debbie White, Permits Coordinator (w/enc)
IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NO.: 16 -2011 -CA -000385
DIVISION: CV -D
CITY OF ATLANTIC BEACH,
a Florida municipal corporation,
Plaintiff,
VS.
BENJAMIN BROWN, JR., a single
person, DAVID LEE CHITTY and
CATHERINE R. CHITTY, FLORIDA
TECHNICAL COLLEGE, INC., a
Florida corporation, MIDLAND
FUNDING, LLC, a Florida limited
liability company, and STATE FARM
MUTUAL AUTOMOBILE INSURANCE COMPANY,
Defendants.
CONSENT FINAL JUDGMENT OF INJUNCTION
THIS MATTER having come before the Court on the consent of the
parties hereto; and the Plaintiff City Of Atlantic Beach ("City")
and Defendant Benjamin Brown, Jr. ("Brown")having agreed that Brown
has in the past been found guilty by the City of certain violations
of Chapter 6, Article VIII, International Property Maintenance
Code, Chapter 12, Nuisances and Chapter 24, Article III, Div. 5,
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, R
�E�N--n consideration
SEP 18 2012
,.__ r I-MA Athf
thereof
ADJUDGED as follows:
1. Brown be and is hereby enjoined from violating the
provisions of Chapter 6, Article VIII, International Property
Maintenance Code, Chapter 12, Nuisances, and Chapter 24, Article
III, Div. 5, Section 24-105, Residential single-family district
(RS -1), Code Of Ordinances Of The City Of Atlantic Beach, Florida.
2. City shall enforce this injunction by application to the
Court in the event of any violation by Brown of the provisions of
Chapter 6, 12 or 24, Code Of Ordinances Of The City Of Atlantic
Beach, Florida as outlined in paragraph 1 above. The City shall
provide Brown reasonable notice of any hearings set to enforce this
injunction by certified or first class mail addressed to Brown at
457 Sailfish Drive, Atlantic Beach, Florida 32233. Such violations
shall not be enforced by the City through its Code Enforcement
Board. Furthermore, The Code Enforcement Board for the City Of
Atlantic Beach, Florida shall not assess fines or associated fees
as allowed under its Code of Ordinances against Brown.
3. Prior to applying to the Court for enforcement of this
injunction, the City shall give notice to' Brown pursuant to the
2012 International Property Maintenance Code ("IPMC") Section
107.2.1;2;3;4. Such notice shall be served on Brown pursuant to
IPMC Section 107.3.
2
4 , The City' s right of entry upon Brown's premises and into
any structure thereon as those terms are defined by IpmC shall be
as provided in IPriC Section 1.04.3.
5, The City hereby waives all fines and costs accumulated to
the date hereof under the City's Code Enforcement Board liens which
rdered
are the subject matter of this case. Further, the City is o
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
e as to all Defendants with all parties to
dismissed with prejudic
their own costs and attorney's fees. Likewise, as to Count II
Pa Y
of Plaintiff's Complaint all parties are to pay their own costs and
attorney's fees.
tion of the mutual covenants contained
7. In considera
herein, and other valuable consideration, the receipt and
cknowledged, the City,
first party,
sufficiency of which is hereby a
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,
prejudice,
with
but not limited to, dismissing this action with pre 7
ch arty to bear their own attorney's fees and costs incurred, in
ea p
law or in equity, which either party ever had,
now has, or which
an personal representative, successor, heir or assign hereafter
Y P
for, upon or by
can,
shall or may have, against the other party,
reason of any matter, cause or thing whatsoever, from the be
of the world to the date hereof.
8. The Court retains jurisdiction to enforce the terms hereof.
DONE AND OpDERED at Jacksonville, Duval County, Florida, this
day of 2012. ORDER ENTERED
SEP 12 2012
N
JEAN M. JOHNSON, CIRCUIT JU GE
4
CONSENT
We hereby consent to the entry of the above order and have done so
freely, voluntarily, knowingly and intelligently, and in the
a
of fraud, coercio/n,�duress or un e influence.
SQUIRE CY C.�
SQUIRE
ntiff Itorney for Defendant Brown
09 / Florida Bar # 47718
PAUL AKIN, ESQUIRE
Attor.ey for Defendants Chitty
Florida Bar #293377
Copies to:
Alan C. Jensen, Esq.
P. 0. Box 50457
Jacksonville Beach, FL 32240
Attorney for Plaintiff
Nancy C. Harrison, Esq.
599 Atlantic Boulevard, Suite 5
Atlantic Beach, FL 32233
Attorney for Defendant Brown
Paul M. Eakin, Esquire
599 Atlantic Boulevard, Suite 4
Atlantic Beach, FL 32233
Attorney for Defendants Chitty
5
70112000000211240744
Benjamin Brown
457 Sailfish Dr.
Atlantic Beach, FL 32233
Real Estate No. 171374-0000 CASE NO. 15-177
Location of Violation: 457 SAILFISH DR,
Dear Property Owner:
Please be advised, Atlantic Beach Code Enforcement has
to be in violation of the City of Atlantic Beach, Code of (
VIOLATION
IPMC Sec.302.8 - Motor Vehicles "No inoperative or unlic,
or kept or stored on any premises, and no vehicle shall at an
major disassembly or in the process or being stripped or dis]
Motor Vehicle Fence Maintenance Sec. 24-157. Fences, W
Maintenance of fences. Fences that have been allowed to di
a negative impact on property values and the quality of neig
of neglect, damage or disrepair, shall be repaired, replaced c
Sec. 24-173. - Neighborhood preservation and property
(a) Purpose and intent The City of Atlantic Beach is compo
residential subdivisions and neighborhood scale commercia
neighborhoods. It is in the public interest of the city to foste
and to implement strategies in support of related objectives
city's adopted comprehensive plan. The purpose and intent c
minimum standards for the acceptable conditions of propert
to assist in the implementation of the International Property
as article VIII within Chapter 6 of this Municipal Code of C
your property referenced above
ices, to wit:
ised motor vehicle shall be parked
time be in a state of disrepair,
antled".
and Similar Structures (c)
.orate to an excessive degree have
rhoods. Fences that are in a state
removed.
standards.
ed predominantly of older
businesses serving these
diverse and stable neighborhoods
nd policies as expressed within the
f these regulations is to provide
es and structures within the city and
Maintenance Code, which is adopted
(b) Appropriate maintenance and upkeep. All areas of a lot d structures that are visible from
a street or a neighboring property shall be maintained in an acceptable manner, which shall be
defined by the following characteristics:
(1) Lots are maintained free of litter, trash, debris, discarded belongings, automotive parts
and old tires, construction materials, and broken and abandoned items.
(2) Dead shrubbery or landscaping is removed from lots, and where a resident is unable
to maintain a lawn or landscaping, dirt or sand areas are contained in some manner so as
to prevent dirt or sand from blowing or washing on to adjacent properties, the street or
the city's storm water system.
(3) Broken or missing glass in windows or doors is replaced with glass, and where
windows or doors are visible from the street, these are not covered with wood, fiberglass,
metal, cardboard, newspaper or other similar materials, kept for a temporary time
period as needed to make proper repairs or to protect windows from wind-borne debris
during a storm.
(4) Trim work, eaves, soffits, gutters, shutters, and decor) tive features are not broken and
are securely attached as intended.
(5) Household items of any type that are customarily intended to be used and maintained
within the interior of a residence are not stored or discarded in any location on a lot that is
visible from a street. Similarly, within the rear or side yards of a lot, such items are not
stored in a manner or amount such that an unsightly nuisance to neighboring properties or
an environment that attracts rodents, insects, or other animals and pests is created.
This letter requests that the noted violations be corrected by within ten (10) days of the
receipt of this notice.
The City of Atlantic Beach has received numerous citizen cgmplaints on your property's current
condition. As per the court injunction, Case No: 16-2011-CIIA000385, signed by Judge Johnson
on September 12, 2012, this letter is notification that your property is not in compliance.
Additionally, this notification meets the requirements of International Property Maintenance
Code 107.3. If your property is not brought into complianc , and maintained as such, the City
of Atlantic Beach will submit application to the Court for enforcement.
It is our goal to keep our neighborhoods looking well
values and your cooperation in this matter is greatly
Code Enforcement at 904 247-5855 if you have any c
Sincerely,
John arkee
CODE ENFORCEMENT OFFICER
Page Number 2
August 13, 2015
ed while protecting property
d. Please contact Atlantic Beach
or need additional information.