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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: wm jmjv�j I=, - 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) I3 O ru Total Postage & Fees $ Page Number 2 ra Sent To August 12, 2015 ------ts-- --------------------------------- p r%- 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.