CE 2148 FAIRWAY VILLAS #43210 2010 CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH,FLORIDA CASE#43210
Petitioner,
vs.
David Lopanik Trustee
Respondent
Address: 2148 Fairway Villas Lane
Description: 38-22 8-2S-29E
RE#169398-1016
ORDER IMPOSING FINE
THIS CAUSE came for public hearing before the Code Enforcement Board on July 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 Respondent is the owner of the property located at 2148 Fairway Villas Lane,
Atlantic Beach,Florida.
2. That notice was sent certified mail,and received July 1,2010. The Respondent was present
at the hearing.
3. That notification of the violations of the International Property Maintenance Code: Chapter
3,Sec 304.6 at property known as:2148 Fairway Villas Lane,Atlantic Beach,Florida
were made and served on the Respondent as evidenced in this hearing.
4. Exterior wall treatment violation,specific to the exterior walls that must be painted.
CONCLUSIONS OF LAW
THAT the Respondent is not in compliance and has failed to correct such violations as of
this hearing by not painting the exterior walls.
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 achieve
compliance by painting the exterior walls on or before 12:00 pm,September 14,2010.
Failure to comply will result in fines of$100.00 per day for every day after until compliance
is met.
THAT failure to pay all accumulated fines will result in a lien being placed against the
property at 2148 Fairway Villas Lane 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 July 2010.
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENF RCEME T 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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ERE# Name(Lr qtr: at# Street Name 4_Type Direction { Unit City Zip
169398-1016 LOPANIK DAVID TRUSTEE 2148 FAIRWAY VILLAS j LN S Atlantic Beach 32233
Fit
http://apps.coj.net/pao_propertySearcii/Basic/Results.aspx 7/15/2010
Doc # 2005445173, OR BK 12929 Page 190, Number Pages: 1, Filed 5 Recorded
12/07/2005 at 08:25 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING
$10.00 DEED DOC ST $0.70
PREPARED BY and RETURN TO:
William T.(Tom)Edwards,Jr.,Esquire
THE EDWARDS LAW FIRM
A Professional Association
1726 Kingsley Avenue,Suite 18(Third Floor)
Orange Park,Florida 32073
Parcel ID No:169398 1016
WARRANTY DEED
THIS WARRANTY DEED made on November 18.2005 by DAVID LOPANIK,a single man,whose post office address is
791 Assisi Lane,11906,Atlantic Beach.Florida 32233,hereinafter called the grantor(s),to
DAVID LOPANIK,Trustee,or his successors in trust,under the DAVID LOPANIK LIVING TRUST.dated November 18,2005 and
any amendments thereto,whose post office address is 791 Assisi Lane,#906.Atlantic Beach,FL 32233.hereinafter called the grantee.
(Wherever 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)
WITNESSTH: That the grantor,for and in no consideration(ZERO DOLLARS).hereby grants,bargains,sells aliens,
remises,releases,conveys and confirms unto the grantee,the following described land,situate,lying and being in the County of
Duval,State of Florida to wit:
LOT 8,FAIRWAY VILLAS,ACCORDING TO PLAT THEREOF RECORDED IN PEAT BOOK 39, PAGES 22
AND 22A OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY,FLORIDA
THIS property is not the homestead of the grantor under the laws and constitution of the State of Florida.
TOGETHER,with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining.
SUBJECT to covenants,easements,restrictions and indebtedness of record.if any.
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 31,2004
IN WITNESS WHEREOF,the said grantor has hereunto set his hands and seal the day and year first above written.
Signed,sealed and delivered in our presence:/
Witness Signature DAVID LOPANIK
it
Print Witness Name
• ss gnature
1tn_/1Ali.h ,IJa'r
Print Witness Name
State of Florida
County of Clay
l IlEREBY CERTIFY that on this day,before me,an officer duly authorized in the State and County aforesaid to take
acknowledgements,,pcersonally appeared DAVID LOPANIK, who is either ( ) personally known to me or ( X ) who
produced N—t_ as identification,and who executed the foregoing instrument,
and acknowledge before me that be executed the same for the purpose therein expressed.
WITNESS my hand and official seal this on November 18,2005.
Notary Public,State of Florida
My commission expires:
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7009 1,680 0001 9825 5173 MAILED FROM ZIP CODE 32233
David Lopanik Trustee
791 Assisi Lane Apt. 906
Atlantic Beach, FL 32233
2
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH,FLORIDA
NOTICE OF HEARING
CASE #43210
June 28, 2010 (P P J1I
Certified Mail
iyp1
David Lopanik Trustee LLj < «�
791 Assisi Lane Apt. 906
Atlantic Beach, FL 32233 �a2 t o i 1�
PE-c i r is
Dear Mr. Lopanik: At" p
The Code Enforcement Board of the City of
Florida Statutes and exists for the purpose of facilit. 14-44
Ordinances. It is comprised of seven citizens, residents o
hear allegations of code violations. u-S
You are hereby notified and ordered to appear at
Enforcement Board on Tuesday, the 13th day of July, 2C Beach
City Hall, 800 Seminole Road, to answer and be heard to tl _-ons of the following
Section(s) of the International Property Maintenance C Chapter 3, Section 304.2:
Protective Treatment and Chapter 3, Section 304.6: Exterior Walls at property known as:
2148 Fairway Villas Lane, Atlantic Beach, 39-22 8-2S-29E Fairway Villas, RE# 169398-
1016.
The Code Enforcement Board may 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
could 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 Susan Gorman, 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.
•
ATTEST: Sincerely,
MM 45'
Susan Gorman Eddie Lopez
Secretary Code Enforcement Officer
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David Lopanik Living Trust
c/o David Lopanik
791 Assisi Lane Apt. 906
Atlantic Beach, FL 32233