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CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH,FLORIDA
NOTICE OF HEARING,REVISED
May 19,2016 CASE No. 16-244
The Cloister of Atlantic Beach Condominium CERTIFIED MAIL RETURN RECEIPT
Association,Inc. REQUESTED:
c/o Stellar Properties of North Florida,Registered Agent 7012 2210 0001 1385 3954
10151 Deerwood Park Boulevard
Building 200, Suite 250
Jacksonville,FL 32256
Ms.Alison Brown,President CERTIFIED MAIL RETURN RECEIPT
The Cloister of Atlantic Beach Condominium REQUESTED:
Association,Inc. 7012 2210 0001 1385 3961
10 10th St,Apt 64
Atlantic Beach,FL 32233-5769
Real Estate No. 170237-0012 Property Address: 10 10TH ST
CASE NO. 16-244 Atlantic Beach,Florida
Location of Violation: 10 10TH ST
i
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
Wednesday,June 1,2016, at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, at 800 Seminole Road,
to answer and be heard to the following alleged violations on the property known as 10 10'" Street, The Cloister
Condominium Common Element Parcel O/R 3876-450,RE#170237-0012.
International Property Maintenance Code/City Code of Ordinances
The March 12,1973 City of Atlantic Beach Commission minutes show that agenda item 8 was"Hotel
Reservation-Application for P.U.D.Public Hearing." At that Public Hearing,it was stated that"there will
only be one access to the property;Tenth Street and a lock gate at the southern end of this property at Beach
Avenue for emergency use." The City Commission then voted to approve the proposed P.U.D:,based on the
facts that had been presented to them. After approval,Mayor Howell noted to the developer that"any
changes from what was originally proposed must be approved by the City Commission".
The Cloisters Condominiums,which were developed as a result of the Hotel Reservation P.U.D.that was
approved on March 12,1973,are subject to the terms of the original application. That application stated that
there would only be one access to the property(10'Street)and that the south gate would be used for
emergency use. On January 28,29,and February 1,2016,the City's Code Enforcement Officer observed and
photographed several cars using the south gate freely. This is a violation of the terms of the original
approval.
See.24-124(a). -Modifications to previously approved special planned area districts or master site development
plans or planned unit developments(PUD). (a) Changes to the terms or conditions of a special planned area
district,or to an existing planned unit development approved prior to the enactment of the special planned area
district,that are specifically set forth within the ordinance enacting the PUD or SPA district shall require an
ordinance revision using the standard process to amend city ordinances and land development regulations.
Sec.2-147(a)(3).-Procedure;enforcement and hearings.
(3) Except as provided in subsections(4)and(5)below,if a violation of the codes or ordinances is found,the code
inspector shall first notify the violator and give him/her reasonable time to correct the violation. Should the violation
continue beyond the time specified for correction,the code officer shall notify the board and request a hearing.The
board or their clerical staff shall schedule a hearing and notice of such hearing shall be provided to said violator
pursuant to subsection(d)of this section.If the violation is corrected and then recurs,or if the violation is not
corrected by the time specified for correction by the code officer,the case may be presented to the board even if the
violation has been corrected prior to the hearing,and the notice shall so state.
A notice of violation dated February 8,2016 was provided to Ms.Brown in her capacity as President of the
Association. On April 19,2016,Ms.Brown stated that the Association would not come into compliance with the
February 8'h notice.
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.
ATTEST:
Dayna g.Williams,Secretary remy Hub
Planning and Building Director
Acting Interim Code Enforcement Officer
c: aveale@stellarproperties.com
cloister64@aol.com
006691sm Notice of Hearing- Case #16-244
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