CE 702 Cavalla 2014 - 2016 t
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
ORDER
CITY OF ATLANTIC BEACH, FLORIDA, Petitioner CASE NO. 14-00001165
VS.
SAMUEL M LOPANIK FIRST CLASS AND
702 CAVALLA RD CERTIFIED MAIL RETURN RECEIPT
ATLANTIC BEACH, FL 32233 REQUESTED:
7012 2210 0001 1385 3749
Property Address: 702 CAVALLA RD
Atlantic Beach, FL
Real Estate No. 171365-0040
Legal Description: E 19.4 FT. OF W 27.25 FTL LOT 3, BLOCK 16, ROYAL PALMS UNIT 2A
ORDER IMPOSING FINE
THIS CAUSE camel for public hearing before the Code Enforcement Board on January
13, 2015, and the Boanthai ng heard testimony under oath, received evidence, and heard
arguments respective to AN Appropriate matters, and thereupon issues the Findings of Fact,
Conclusions of Law and Order as follows:
FINDINGS OF FACT
1) That the Respondent owns the property located at 702 CAVALLA RD, Atlantic
Beach, Florida.
2) That notice was sent by certified mail and that Respondent was present at the
hearing.
3) That notification of the violations of the City of Atlantic Beach, were made and
served on the Respondent as evidenced in this hearing.
Roofs and Drainage IPMC Sec. 304.7
Heavy Vehicle(too many) Sec. 24-163(b) (2)
The aforementioned property shall be corrected by repairing or replacing the open soffit
screening and remove and limit the storage of boats in the parking area.
CONCLUSIONS OF LAW
THAT the Respondent SAMUEL M LOPANIK is not in compliance and has failed to correct
such violation as of this hearing date.
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:
1
THAT the Respondent is found in violation for non-compliance and must obtain
compliance on or before March 1, 2015. Failure to comply will result in fines of$100.00 for the
first day and $100.00 for every day thereafter while the violation continues to exist. In addition,
any fine shall also include the administrative costs to the City incurred in prosecuting this case.
THAT the Respondent is responsible for contacting the City of Atlantic Beach Code
Enforcement Officer and obtaining an inspection of compliance.
THAT failure to pay all accumulated fines will result in a lien being placed against the
property at 702 CAVALLA RD 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.
DONE AND ORDERED THIS 13th day of January,2015.
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT BOARD
ATTEST:
Dayn. . Williams, Secretary By: Veda Hazless, Chair
Executed this st day of -JG�tnu4RAT , 2015.
PLEASE NOTE: Florida Statutes, '
Section 162.11, states that an appeal of
this order shall be filed in circuit court
within thirty (30) days of this order's
execution.
Case History Report
For Case ID: 14-00001165 Page 26
Re ort generated cn Ian 7 2015 3:14:30 PM
Case Type: RESIDENTIAL
Alternate Description: Last Status Change Date: 07/21/2014
Case status: ACTIVE
Case Manager: DEBORAH WHITE Case Created Date: 07/01/2014
Case Origination: ROUTINE INSPECTION Case Established Date: 07/01/2014
Visibility: Public
Primary Address: 702 CAVALLA RD Location ID: 5228
ATLANTIC BEACH, FL 32233
Case Notes
Stop Work
Category Date Order
Note
07/21/2014 ROTTED EAVES ON ROOF. TOO MANY HEAVY VEH., 1 TRAILER AND 2 Informational 07/01/2014 Y
BOATS. COLLAPSING WOOD FENCE IN REAR.
Related Parties
Ty
Name Related Party Type
Address Phone Phone
Type Type Number Type
SAMUEL M LOPANIK
OWNER Mailing
Historv�
CONVERSION
Violation Established Date Resolved Date Violation Sutus Short Description Violation Street Address
Fex , walls etc.
ACTIVE 702 CAVALLA RD
Heavy Vehicle(too many)-Sec.24-163(b)(2)
07/21/2014 ACTIVE 702 cAVALLA RD
Roofs and Drainage-IPMCSec.3N7
07/21/2014 ACTIVE 702 CWALLA RD
INITIAL INSPECTION
Inspector Name Resulted Inspector Name Inspection Timestamp Insp Time(Min) Inspection Result Status
DEBORAH WHITE DEBORAH WHITE 07/01/2014 1 VIOLATIONS FOUND-07/01/2014
Inspection Comments: Scheduled
NOTICEOF VIOLATION
Notice Related Party Recipient Address Assoc. Document Tracking
Name Association Type Level
Address Type Issued Info
CHECK STATUS OF CNRRR NOTICE
Description Scheduled Date Result Date Time Spent
NOV returned unclaimed property to be posted 08/14/2014 08/15/2014
REINSPECTION
Inspector Name Resulted Inspector Name Inspection Timestamp Insp Time(Min) Inspection Result Status
DEBORAH WHITE DEBORAH WHITE 09/19/2014 WcuaTfON CONTINUES-09/12/2014
Inspection Comments: Scheduled
POSTTNGAFFIDAVIT FOR NOV
User Name:ASPCUST�AT.BDAW
Server Name:atl1b-rpt8sp90v.com
Case History Report
For Case ID: 14-00001165 page 27
Re rt generated on]an 7 2015 3.1430 PM
Related Party Recipient Address Assoc. Document TrInfon9
ing
Notice Level Address Type Issued
Name Association Type
REINSPECTION
Inspector Resulted Inspection inspection Result Status
p
Name Inspector Name TimestamInsp Time(Min) P
VIOLATION CONTINUES-10/14/2014
DEBORAH DEBORAH 10/12/2014
WHITE WHITE
Inspection Comments: Resulted
Resulted
Resulted spoke to Mr.Lopanik,5148761 on remaining items to be carreated 70
rotted eaves,lumber by fence,inop Ford an,
NOTICEOFHEARING
Reci lent AddressAssoc. Document Tracking
Ty
Notice Related Party p Address Type Issued Info
Name Association Type Level
INSPECTION
Resulted
Inspector Inspector Inspection Time Min Inspection Result Status
Name Name Time4Insamp p (Min)
VIOLATION CONTINUES-11/03/2014
DEBORAH DEBORAH 11/03/2014
WHITE WHITE
.Inspection Resulted
Comments: Resulted
RECOM ENDATIO : Staff reco s the BoaN fmd the properly owner in
vi antl order that compliance be a ved by repalring/replacing roof rotted
ves/ fftt and replace missing sofftt sue obtain[he services of a State of
Flon licensed electrical contractor to reattach two meter banks co the wall and
o In an approved final inspection,repair or replace ring remove elle of[rash in
addle of Me front yard and mow the weeds,by Deem 5th,2019 or a fine of
100.00 be imposed for the frst day and$100.00 for every y thereafter the
violation continues to exists. The property owner is responsib or contacting Me
Cary Code Enforcement OfFlcer and obtaining an inspection of com lance.
INSPECTION
Resulted
Inspector Inspector Inspection Ins Time Min Inspection Result Status
Name Name T2115/214mestandap p ( VIOLATION CONTINUES-01/07/2015
DEBORAH DEBORAH 12/15/2014
WHITE WHITE
Inspection Resulted
Comments: exulted
RECOMMENDATION: Staff recommends the Board find the property owner 01
violation and order Mat compliance be a Teach by replacing/repalring Me x31,2015
screening and the shadowbox fencing e r first
da tl,or removed by January 31,
thereafter
rfine of$100.00
violation
iol t be imposed for the Orst day and$10ow0 err is respfor every oay
nsible for
thereafter the v ity odecontinuesfrce east Offs The property Po
contacting Me City Castle Enforcement Officer and obtaining an inspection of
compliance.
Resulted Violations continue 2 boats stared on site blacking exit from rear parking area
User Name:ASPCUST1ATlH0AW
Server Name:atlb-ryfaspgov.com
Case History Report
For Case ID: 14-00001165 page 28
Report generated on]an 7 2015 314.30 PM
Resulted
Inspector Inspector Inspection inspection Result Status
Name Name Timestamp Insp Time(min) Pect
RECOMMENDATION: Staff recommends the Board find the property owner in
•
violation and order that compliance be achieved by removal of boats,and cease
Y blocking exit from parking area by 0 .00 her ver 2015,or a finfte of$100.00 be
imposed for the f;. day and arty ow for every day thereafter the violation
continues to exists. The property owner Is responsible for contacting the City Cade
QEnforcement Officer and obtaining an Inspection of compliance.
NOTICE OF NEA RING
Notice Related Party Recipient Address Assoc. Document Tracking
Name Association Type Level Address Type issued Info
CODE BOARD MEETINGS
Scheduled Start Date Calendar Type
01/13/2015 Meeting
CEB Order
Notice Related Party Recipient Address Assoc. Doament Tracking
Name Association Type Level Address Type Issued Info
Server Name: atlb-rptasp9ov.com User Name:ASPCUSTWTLBDAW
SENDER: COMPLETE THIS SEC C'
■ Complete Hems 1,2,and 3.Also complete A. Slen°h1B 0 Apert
Item 4 H Restricted D8lWSrY la dashed. X 0 Addtenea
■ Pdm your name and addreee on the reverse
w that we can return the card to you. B. ae M(PrNted C. Dete of k'erY
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CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
December 16, 2014 CASE No. 14-00001165
CERTIFIED MAIL RETURN RECEIPT
SAMUEL M LOPANIK REQUESTED:
702 CAVALLA RD 7012 2210 0001 1385 3336
ATLANTIC BEACH, FL 32233
Property Address: 702 CAVALLA RD
Atlantic Beach, Florida
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 Tuesday, January 13, 2015, at 6:00 pm at Atlantic Beach City Hall,
Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged
violations on the property known as E 19.4 FT. OF W 27.25 FTL LOT 3, BLOCK 16, ROYAL
PALMS UNIT 2A, RE#171365-0040.
International Property Maintenance Code/ City Code of Ordinances
304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that
admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or
interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good
repair and free from obstructions. Roof water shall not be discharged in a manner that creates a
public nuisance.
Sec. 24-L57. Fences, Walls and Similar Structures (c) Maintenance of fences. Fences that have
been allowed to deteriorate to an excessive degree have a negative impact on property values and
the quality of neighborhoods. Fences that are in a state of neglect, damage or disrepair, shall be
repaired ,replaced or removed.
Sec. 24-163. Recreational vehicles stored or parked on any residential lot shall be subject to the
following provisions: (b) Recreational Vehicles stored or parked on any residential lot shall be
subject to the following provisions: (1) Not more than one (1) recreational vehicles, boat or boat
trailer, or other type of trailer shall be stored or parked on any residential lot which is 5000
square feet lot area or less. Minimum lot area of 10.000 square feet is required for storage or
parking of any second recreational vehicle,boat or boat trailer or other type trailer.
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 V. Williams, Secretary Deborah White, Code Enforcement Officer
Notice of Hearing- Case#14-00001165
Page 2 of 2
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
ORDER
CITY OF ATLANTIC BEACH, FLORIDA, Petitioner CASE NO. 14-00001165
V5.
SAMUEL M LOPANIK FIRST CLASS AND
702 CAVALLA RD CERTIFIED MAIL RETURN RECEIPT
ATLANTIC BEACH, FL 32233 REQUESTED:
7012 2210 0001 1385 3749
Property Address: 702 CAVALLA RD
Atlantic Beach,FL
Real Estate No. 171365-0040
Legal Description: E 19.4 FT. OF W 27.25 FTL LOT 3, BLOCK 16, ROYAL PALMS UNIT 2A
ORDER IMPOSING FINE
THIS CAUSE came for public hearing before the Code Enforcement Board on January
13, 2015, and the Board having heardtestimony 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 owns the property located at 702 CAVALLA RD, Atlantic
Beach, Florida.
2) That notice was sent by certified mail and that Respondent was present at the
hearing.
3) That notification of the violations of the City of Atlantic Beach,were made and
served on the Respondent as evidenced in this hearing.
Roofs and Drainage IPMC Sec. 304.7
Heavy Vehicle(too many) Sec.24-163(b) (2)
The aforementioned property shall be corrected by repairing or replacing the open soffit
screening and remove and limit the storage of boats in the parking area.
CONCLUSIONS OF LAW
THAT the Respondent SAMUEL M LOPANIK is not in compliance and has failed to correct
such violation as of this hearing date.
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 obtain
compliance on or before March 1, 2015. Failure to comply will result in fines of$100.00 for the
first day and $100.00 for everyday thereafter while the violation continues to exist. In addition,
any fine shall also include the administrative costs to the City incurred in prosecuting this case.
THAT the Respondent is responsible for contacting the City of Atlantic Beach Code
Enforcement Officer and obtaining an inspection of compliance.
THAT failure to pay all accumulated fines will result in a lien being placed against the
property at 702 CAVALLA RD 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.
DONE AND ORDERED THIS 13'h day of January, 2015.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
ATTEST:
J1�y-
Dayna . Williams, Secretary By: Veda Harless, Chair
Executed this Ajs2 day of &ftA � 12015.
PLEASE NOTE: Florida Statutes,
Section 162.11, states that an appeal of
this order shall be filed in circuit court
within thirty (30) days of this order's
execution.
REQUEST FOR
_ NOTICE OF HEARING LETTER
DATE: /oL'(� 'I RE#: 1-7I3 `f0
CASE#:
PROPERTY ADDRESS OF VIOLATION:
LEGAL DESCRIPTION:
PROPERTY OWNER:
SEND CERTIFIED LETTER(S)TO: (Please check 0 and explain al that apply)
d�ROPERTY OWNER AT:
// ADDRESS (ABOVE)
❑ DIFFERENT MAILING ADDRESS AS FOLLOWS:
❑ TENANT, AT THE FOLLOWING ADDRESS:
onPrNmne)
MEETING DATE:
VIOLATION(S): (Please check (1I) and explain all that a ply
IKIPMC ❑ AB CODE SECTION: `30 ((s�
Y MC ❑ AB CODE SECTION:
/❑ IPMC ❑ AB CODE SECTION:
❑ IPMC 15aB CODE SECTION: 2i 1Fa3 �iLL
❑ IPMC /❑ AB CODE SECTION:
❑ IPMC ❑ AB CODE SECTION:
❑ SAME AS ATTACHED:
❑ NOTICE OF VIOLATION DATED:
?aOTICE OF HEARING DATED:
Optional Section
SPECIAL INSTRUCTION:
❑ Mail copy of Notice to
❑ Other:
Gz'x3
r"' CEB Compliance Investigation Form
Investigation# / �` � '� D� e of CEB Order: /
Defendant/Owner: 17o X
Address: Phonc#
Compliance/Status on Violations:
Action Taken:
Compliance:
Legal Description: REN: -
COMMENTS:
I TEEACompliance Im¢sugarion porm.doc Oa 9 2009
tp CASE ACTION FORM
Investigation# DATE:
NAME: �i ' ,�n S/Y 70
ADDRESS OF VIOLATION 70
Action Taken:
ID I
70
Compliance:
?11�=1P1'rr�
J �1
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
PHONE (904)247-5855
POSTING AFFIDAVIT
POSTED ON PROPERTY & ATL BCH CITY HALL
PROOF OF MAILING REGULAR US MAIL
CASE # 14-00001165
Pursuant to Chapter 162, Florida Statutes and Sec.2-147,City of Atlantic Beach City Code
of Ordinances, 1,Deborah White, Code Enforcement Officer, City of Atlantic Beach,
hereby affirm a Notice of Violation, a copy of which is attached,was posted at the following
locations and mailed first class mail:
(1) Date Posted:
0
Location: 702 CAVALLA RD l Joj� 71 '
ATLANTIC BEACH FLORIDA 32233
/�
(2) Date Posted: « Ztf
Location: ATLANTIC BEACH CITY HALL
800 SEMINOLE ROAD
ATLANTIC BEACH, FI,32233
4LulZe-vtl'
Deborah White, Code Enforcement Officer
County of Duval
State of Florida
The foregoing Affidavit was acknowledged before me this dday of2014,
by Deborah White, who is personally known to me as Code nforcemen fficer for
the City of Atlantic Beach.
Person taking acknowledgeme
nt:
tate of orida
,WF�jy, N01�ry LC=k hbNFbMa
am
My CommlW0n FP 088990
p ==QQ18
J �t
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
PHONE (904)247-5855
September 18, 2014 POSTED ON PROPERTY AND ATLANTIC BEACH CITY HALL
SAMUEL M. LOPANIK
702 CAVALLA RD
Atlantic Beach, Florida 32233
Real Estate No. 171365-0040, CASE NO.: 14-1165
Location of Violation: 702 CAVALLA RD, Legal Description Lot E 19.4 FT of W27.25 FT
Lot 3, Block 16, Royal Palms Unit 2A, Rotted eaves,too many boats/trailer stored on site,
Collapsing fence in rear
Dear Property Owner:
Please be advised, Atlantic Beach Code Enforcement has found your property referenced above
to be in violation of the City of Atlantic Beach, Code of Ordinances, to wit:
VIOLATION
Roofs and Drainage 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and
not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or
deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts
shall be maintained in good repair and free from obstructions. Roof water shall not be discharged
in a manner that creates a public nuisance.
Sec. 24-157. Fences, Walls and Similar Structures (c) Maintenance of fences. Fences that have
been allowed to deteriorate to an excessive degree have a negative impact on property values and
the quality of neighborhoods. Fences that are in a state of neglect, damage or disrepair, shall be
repaired , replaced or removed.
Sec. 24-163. Recreational vehicles stored or parked on any residential lot shall be subject to the
following provisions: (b) Recreational Vehicles stored or parked on any residential lot shall be
subject to the following provisions: (1) Not more than one(1) recreational vehicles, boat or boat
trailer, or other type of trailer shall be stored or parked on any residential lot which is 5000
square feet lot area or less. Minimum lot area of 10.000 square feet is required for storage or
parking of any second recreational vehicle, boat or boat trailer or other type trailer.
This letter requests that the noted violations be corrected by repairing the rotted eaves,
repairing or removing the collapsing fence in the rear and limit the storage of boats and/or
trailer to one (1)within twenty(20) days of the receipt of this notice.
To avoid having this case be referred to the Code Enforcement Board, all listed violations on this
notice must be in compliance on or before the date established by Atlantic Beach Code
Enforcement. The Board may impose fines up to two hundred fifty ($250.00)per day for
continuing violations. Upon completing the corrective action required, it is your responsibility to
contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance.
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,
Deborah White
CODE ENFORCEMENT OFFICER
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