CE 89 W 4TH STREET Case #121209 2009 s raj"AWrJr,?
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Compliance Investigation Form
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FACode EnforcementTompliance Investigation Form.doc Oct 9 2009
tl� City of Atlantic Beach
J 800 Seminole Rd
Atlantic Beach,FI 32233-5445
(904)247-5855
CODE ENFORCEMENT BOARD
AFFIDAVIT OF NON - COMPLIANCE
CITY OF Atlantic Beach, Petitioner Case No. 121209
vc
Mervyn and Theresa Russell, Respondent
STATF OF FI ORIDA
COUNTY OF Duval
BEFORE ME,the undersigned authority, personally appeared Eddie Lopez, Code Enforcement
Officer of the City of Atlantic Beach, who, after being duly sworn, deposes and says:
1. That on the 13th day of April, 2010 the Board held a public hearing and issued its Order
in the above-styled matter.
2. That pursuant to said Order, Respondent was to have taken certain corrective action
by or before May 13th, 2010 .
3. That the re-inspection was performed on May 14th 2010 and;
4. That a re-inspection revealed the corrective action ordered by the Board has not been
taken and the above respondent and the property located at 89 4th St W, Atlantic Beach FI
32233 is in non-compliance with the Board's order.
Dated this 14th Day of May, 2010
Code Enforcement Officer Eddie Lopez
SWORN TO and subscribed before me this day of by
who is personally known to me or who has produced identification.
NOTARY PUBLIC:
Signature_ --- -
May 20, 2010
Nr)TF• Milro Griffin Amonrimont to races 1,)1?(14
The property case#121209 has been presented to the code enforcement board and an order has been
issued for compliance by Mav 13th. 2010 an inspection on Mav 14th 2010 revealed that the respondent
was in continuing violation.An Affidavit of non compliance was printed but not notarize on the request
of the building official Mike Griffin.
May 20, 2010 at 10:03 AM, Mike Griffin CEO and I (Eddie Lopez) met with Mr. Mervyn and Theresa
Russell concernine the orooertv 89 4th St. W in Atlantic Beach. FI.The oropertv owner reauested 90 days
to come into compliance which was granted by Mike Griffin CBO C.E. Manager.
The reauest for extension wasn't presented to the code enforcement board that imposed an order on
April 13th 2010.
Further action is Pendine.
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CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA CASE#121209
Petitioner,
VS.
Mr.Mervvn and Theresa Russell
Respondents
Address: 89 4`h St.W.
Description: 18-34 38-2S-29E
RE#170824-0000
ORDER IMPOSING FINE
THIS CAUSE came for public hearing before the Code Enforcement Board on April 13,2010 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 Respondents Mervyn and Theresa Russell own the property located at 89 4`h Street,
Atlantic Beach,Florida.
2. That notice was sent by certified mail and that Respondents were not present at the hearing.
3. That notification of the violations of the International Property Maintenance Code: Chapter
3,See 307.1; Chapter 3,See 302.4: Chapter 3,See 301.3: at property knows as: 89 4'h
Street W.,Atlantic Beach,Florida were made and served on the Respondents as evidenced
in this hearing.
4. Accumulation of Rubbish, Weeds,Vacant land.
CONCLUSIONS OF LAW
THAT Mervyn and Theresa Russell are not in compliance and have failed to correct
such violations 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 is found in violation for non-compliance,and must come into
compliance by 12:00 pm,May 13,2010. Failure to comply will result in fines of$100.00
per day for every day thereafter.
THAT failure to pay all accumulated fines will result in a lien being placed against the
property at 89 4th Street W. 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 Clerk's Office and a hearing shall not be necessary.
DONE AND ORDERED THIS 13th day of April 2010.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
By:
Ron Pendleton
Code Enforcement Board,Vice Chair
Attest:
Susan Gorman, Secretary
ATTENTION: It is your responsibility to notify Eddie Lopez, Code Enforcement Officer,
at 247-5855 and satisfactorily demonstrate that the violation has been corrected.
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Code Enforcement Officer Statement
Case number: 121209
Location: 89 4th St.Atlantic Beach, FI 32233
PID#: 18-34-38-2S-29E
Respondent(s) Mervyn Russell &Theresa P. Russell
Violation: IPMC SEC.307.1 Rubbish/Garbage 302.4 Weeds 301.3 Vacant Land
The inspection was made as the result of a: Complaint Routine inspection Survey_X_
12/3/f�-NOV Itr mail-Rec.
2/1/10-Itr informing of notice-mail V class mail
2/24/10 NOV Itr mail—Rec.
3/29/10 NOH Itr mail-
Notice was achieved by:certified mail_x_ Hand Deliver Posting of property
Newspaper notice
Show fotos.
An inspection on April 12,2010 revealed the violation was: corrected not corrected X
In order for the violation to be corrected the respondent shall remove all trash junk debris from
property.
City of Atlantic Beach, recommends the board issue an order giving the respondent to come in
compliance within 10 days which is on or before April 23,2010 or a fine of
$100 a day be imposed for each day the violation continues to exists pass April 23,2010.
i
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
CASE NO. # 121209
March 29, 2010
Certified Mail
Mr. Mervyn and Theresa Russell
1308 7th St.N.
Jacksonville Beach,FL 32250
Dear Mr. and Mrs. Russell:
The Code Enforcement Board of the City of Atlantic Beach was created pursuant to
Florida Statutes and exists for the purpose of facilitating
he Code of
regularly to
Ordinances. It is comprised of seven citizens, residents of Atlantic Beach, who meet
hear allegations of code violations.
You are hereby notified and ordered to appeal 2010e AT 7:00 next public
P. M hearing
at AtlanticeBeaCode
Ch
Enforcement Board on Tuesday, the 13 th day of April,
City Hall, 800 Seminole Road, to answer and be heard �a Cod
e:ed violations of the Chapter 3, Section 11307.owing
Section(s) of the International Property Maintenance
Accumulation of Rubbish or Garbage; Chapter 3, Section 302.4: Weeds; Chapter 3,
Section 301.3: Vacant Land at property known as: 89 4th St. W., Atlantic Beach, FL, 18-34
38-2S-29E Atlantic Beach Sec H,RE# 170824-0000.
The Code Enforcement Board may levy fines up to $250.00 per day for the first offense
yond
and $500.00 for the second offense against the property,n is corrected and thena violation is found trecurstoreif the
the date set by the Board for compliance. If the violatio
violation is not corrected by the time specifiedn° f he violation has been correcorrection by the Code cted prior to the
case
could be presented to the enforcement board eve
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 subpoenath °Code Enforcement if you have within five
regarding the
procedure, please contact Susan Gorman, Secretary of
days of the receipt of this notice at 247-5810. Please note the
pral should be se secured atesence of a curt your
the purpose of insuring a verbatim record in the event anappeal
expense.
ATTEST: Sincerely,
QA
GMS
usan Gorman Eddie Lopez
Secretary
Code Enforce, ent Officer
Code Enforcement Department
800 Seminole Road
SS Atlantic Beach,Florida 32233
Telephone(904)247-5800
FAX(904)247-5805
December 3,2009
Mervyn and Theresa Russell
1308 7'`Street N.
Jacksonville Beach,FL 32250
RE: Notice of Violation of Atlantic Beach Code of Ordinances,Chapter 3,Section 307.1—
Accumulation of rubbish or garbage,Chapter 3,Section 302.4—Weeds,and Chapter 3,Section 301.3—Vacant
structures and land at property known as: 89 4h Street W,Atlantic Beach, 18-34 38-2S-29E Atlantic Beach Sec H,
RE# 170824-0000
Dear Mr.and Mrs Russell;
Please be advised,Atlantic Beach Code Enforcement has found the property at the above referenced address to be in
violation of the following codes:Chapter 3,Section 307.1—Accumulation of rubbish or garbage per City of Atlantic
Beach Code which states"All exterior property and premises,and the interior of every structure,shall be free from any
accumulation of rubbish or garbage.",Chapter 3, Section 302.4—Weeds which states"All premises and exterior
property shall be maintained free from weeds or plant growth in excess of twelve(12)inches and Chapter 3,Section
301.3—Vacant structures and land which states"All vacant structures and premises thereof or vacant land 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."
This letter requests the noted violations be corrected by removing all the trash,junk and debris(bricks)from your
property and mowing the excessive high grass and weeds within ten days from receipt of this letter.If the violations are
corrected and then recurs or if the violations are not corrected by the time specified in this notice this case may be
presented to the Atlantic Beach Code Enforcement Board even if the violation has been corrected prior to the board
meeting.The Code Enforcement Board may impose fines up to$250 a day for each day the violation is not corrected.
A re-inspection will be done on/or before December 14,2009. To avoid having this Code Enforcement case set for
hearing,all listed violation(s)on this notice mus Tem compliance on or before the date established by Atlantic Beach
Code Enforcement.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 904-247-5826 if you have any questions or need additional information.
Sincer ly,
T
Eddie Lopez,Code Enforcement Officer
XC: File
Atlantic Beach Code Enforcement
r 800 Seminole Rd
J ti
(904) 247- 5855
r JS31�r
February 1, 2010
Russell Mervyn K and Theresa P
13087 th St N
Jacksonville, FI 32250
RE: Notice of violation (Accumulation of Rubbish/Garbage)
Please be advised,Atlantic Beach Code Enforcement sent a notice of violation on the accumulation of
rubbish/garbage on the property known as 89 4th St W Atlantic Beach FI#18-34-38-2S-29E RE# 170824-
0000 which states"All exterior property and premises shall be free from any accumulation of rubbish or
garbage.
This letter is to inform Mr. Russell Mervyn K,Theresa P. Russell , property mgmt.and all interested
parties of the violation, due to the non compliance by January 291h 2010,and to also inform that a
hearing will be set with the code enforcement board at 800 Seminole Rd Atlantic Beach, FI 32233, in the
commission chambers.
The City of Atlantic Beach Code Board Administrator will send all interested parties on record notice
with the time and date of the hearing which may be held March 9th 2010 at which time the Code
Enforcement Board may impose a fine up to$250 a day for each day the violation is not corrected.
It is the goal of the City of Atlantic Beach to enforce the city code and ordinances and to protect the
health, safety and welfare of the city as well maintain property value and accordingly all interested
parties cooperation in this matter is greatly appreciated. Please contact Atlantic Beach Code
Enforcement at 904-247-5826 if any questions or additional information is needed.
Sincerely
Eddie Lopez, Code Enforcement Officer
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16. 0 Seminole RoadCode Enforcement
Department
Atlantic Beach,Florida 32233
r Telephone(904)247-5800
FAX(904)247-5805
J
ri Jlil�r
February 24,2010
CERTIFIED MAIL
Mervyn and Theresa Russell
1308 7fl'Street N.
Jacksonville Beach,FL 32250
RE: Notice of Violation of International Property Maintenance Code,Chapter 3,Section 307.1—Accumulation of
Rubbish or Garbage,Chapter 3,Section 302.4—Weeds,and Chapter 3,Section 301.3—Vacant
Structures and Land at property known as:89 4`s Street W,Atlantic Beach, 18-34 38-2S-29E Atlantic Beach
Sec H,RE# 170824-0000
Dear Mr.and Mrs Russell;
Please be advised,Atlantic Beach Code Enforcement has found the property at the above referenced address to be in
violation of the following codes:Chapter 3,Section 307.1—Accumulation of rubbish or garbage per International
Property Maintenance Code which states"All exterior property and premises,and the interior of every structure,shall
be free from any accumulation of rubbish or garbage.",Chapter 3,Section 302.4—Weeds which states"All premises
and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12)inches and Chapter
3,Section 301.3—Vacant structures and land which states"All vacant structures and premises thereof or vacant land
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."
This letter requests the noted violations be corrected by removing all the trash,junk and debris(bricks)from your
property and mowing the excessive high grass and weeds within ten days from receipt of this letter.If the violations are
corrected and then recurs or if the violations are not corrected by the time specified in this notice this case may be
presented to the Atlantic Beach Code Enforcement Board even if the violation has been corrected prior to the board
meeting.The Code Enforcement Board may impose fines up to$250 a day for each day the violation is not corrected.
A re-inspection will be done on/or before March 8,2010. To avoid having this Code Enforcement case set for
hearing,all listed violation(s)on this notice must be in compliance on or before the date established by Atlantic Beach
Code Enforcement.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 904-247-5826 if you have any questions or need additional information.
Sincerely,
Eddie Lopez,Code Enforcement Officer
XC: File
Case No: 121209
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