Loading...
CE 198 POINSETTIA ST LIEN 2017 - DEMO DRAFT - CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES 6:00 P.M.—JULY 12,2016 IN ATTENDANCE Members: Benjamin de Luna,Chair Brenna Durden,City Attorney Kirk Hansen Dayna Williams, Secretary Louis Keith Jeremy Hubsch,Building&Zoning Director Richard Lombardi Lindsay Norman Don Sasser Chair Ben de Luna called the meeting to order at 6:02 p.m.,followed by the Pledge of Allegiance to the Flag. Secretary Dayna Williams read the roll,finding a quorum was present. 1. Election of Vice Chair Item 1 was taken out of sequence and acted on later in the meeting. 2. Approval of Minutes of the Regular Meeting of June 1,2016. Motion: ADDrove the minutes of the Code Enforcement Meeting of June 1 2016 Moved by Norman, Seconded by Keith The motion was approved unanimously. 3. Administration of Oath to DefendantsiMmesses Chair de Luna gave the oath to the defendants and witnesses. 4. Consider Request for Rehearing,Case 16-244,the Cloister Condominium. Paul Eakin, 599 Atlantic Boulevard Suite 6, stated he is here on behalf of the Cloister of Atlantic Beach Condominium Association. He stated they filed a Request for Rehearing which centers around two documents which were attached to the request, ane being Exhibit 9 (a survey of the property) that was entered into evidence at the June 1, 2016 Code Enforcement Board Meeting; and is marked as Exhibit 1 for this meeting. Mr. Eakin stated it was not a full copy of the survey;he has since been able to procure a full copy of the survey and requested copies be submitted to the Board as Exhibit 2. He asked the Board if they had a copy of the Request for Rehearing and a copy of Exhibit 9 (aka Exhibit 1). Chair de Luna stated yes and explained their copy is comprised of the Request for Rehearing,the certificate of service,an amended certificate of service,and Exhibit 1 (which was Exhibit 9 at the prior Hearing on June 1,2016),Exhibit 2,and Exhibit 3. Mr. Eakra called his witness and asked him to state his name, address and occupation. Don Ford, 338 6t0 Street,stated he is the head of building and zoning for the City of Neptune Beach. Mr.Eakin asked the witness if he had ever worked for the City of Atlantic Beach. Mr. Ford stated yes, he was a budding official far 21 years in Atlantic Beach,part time in late 1985 and full time from 1986 until 2006. Mr.Eakin asked the witness if he had reviewed Ordinance 52-72-1 and had he ever dealt with that PUD Ordinance while working in Atlantic Beach and the witness stated yes. Mr. Eakin asked Mr. Ford if he found information marked on Exhibit 2 that was not marked on Exhibit 1 (former Exhibit 9). Mr. Ford stated yes, it appears that on Exhibit 1 the bottom portion of the page where the check and recheck notes had been cut off. Mr. Eakin asked if there is a notation on Exhibit 2 showing a final survey had been done,and,if so, what is the significance of a final survey to a building official dealing with a PUD. Mr.Ford stated there is a notation of a final survey, explaining he uses the survey to show the accuracy of the approved plans for the PUD. Mr. Eakin asked,if a lock gate was called for in the Cloister PUD,would it 1 t be shown on this final survey, and the witness stated yes. Mr. Eakin asked Mr. Ford if he found a lock gate on the survey and he stated no. Mr.Lombardi asked for clarification of the difference between Exhibit I and Exhibit 2. Mr.Eakin stated if you look at the top of Exhibit 1 and the top of Exhibit 2 you will notice that the entire legal description is missing. Mr.Eakin stated you will also notice that at the bottom of the Exhibits,the notes and recheck notes are missing from Exhibit 1, which we consider to be critical as evidenced from the testimony of the witness. Ms. Durdea requested Mr.Eakin state for the record exactly what that language is. Mr.Eaton read the last line appearing on Exhibit I (former Exhibit 9), which is attached and made part of this Official Record. Mr.Eakin then read the notes from the bottom portion of Exhibit 2,which is attached and made part of this Official Record. Mr. Hansen asked if Exhibit 2 shows any indication of a gate on the north and. Mr. Ford stated there are no gates indicated on the plan at all. Mr. Sasser stated Exhibit 2 shows a masonry and wood wall on the south end of the final drawing and questioned if the wall was ever built. Mr.Ford agreed it was on the drawing,but stated he does not remember that wall. Mr.Keith questioned the illustration on the west side of Exhibit 2, marked as reserved for ingress and egress. Mr.Ford stated that is the fire department ingress and egress,in case the garage catches on fire. Chair de Luna referred to the evidence the Board heard at the June 1, 2016 Code Board Meeting, in particular the Commission minutes of March 12, 1973,which clearly state there was a restriction on the south end of the Cloister. Chau de Luna stated Mr. Ford had expressed concerns with the minutes or the interpretation of the minutes, and asked him to provide his input. Mr.Ford stated what he was concerned with was doing research on minutes to determine a violation. He stated minutes from meetings do not determine a violation, the only thing that will determine a violation is a strict adherence to the PUD. Cbair de Luna explained what the Board was faced with. He stated the Board has to use what information they have, which is the minutes and the subsequent conduct to make that determination. He stated the Board is using the minutes to determine there was a PUD and that there was a restriction. Chair de Loan stated the Board has not been shown any law that says you have to have a PUD,the actual official document. Mr.Eakin concluded his presentation. Ms. Darden stated, although Mr. Eakin did not speak to the second point he included in his Request for Rehearing, she wanted to bring it up to make it part of the Official Record. Ms.Durden stated the second point that was raised by Cloister states that Ordinance 52-72-1 (which is attached and made part of this Official Record as Exhibit 3)was never repealed by the City of Atlantic Beach, and therefore the new code provision could not be used for enforcement purposes,and the only Ordinance that could be regulating this 1973 Cloister PUD was the old 1972 Ordinance. Ms.Darden stated,during the June 1,2016 hearing,she opined to this Board that she felt the 1972 Ordinance had been superseded by the later provisions that are reflected in the Code today. Ms. Durden requested Ordinance 47-85-2 be submitted to the Board as Exhibit A. Ms. Darden explained that the Ordinance 47-85-2, approved by the City in 1985, established and adopted a new Code for the City of Atlantic Beach and expressly repealed all former ordinances, and she read Section 2 of Ordinance 47-85-2, which is attached and made part of this Official Record. Ms. Darden stated she did not want this hearing to go forth without.the Board taking into account both of Mr. Eakin's bases for hisrequest for rehearing. Motion: The Board moves to deny the reauest for rehearing Moved by Norman,Seconded by Sasser - Discussion ensued. VOTES: AYE: 5—SASSER,NORMAN,HANSEN,KUM,DE LUNA NAY: 1-LOMBARDI MOTION CARRIED Draft Minutes of the Code Enforcement Board on July 11,2016 Page 2 of 3 i 1 t Item 1 was taken out of sequence and acted on at this time. 1. Election of Vice Chair Chair de Luna asked if there were any volunteers. Motion: The Board moves to nominate Louis Keith Moved by de Luna,Seconded by Sasser The motion was approved unanimously. 5. Miscellaneous Business. - Discussion ensued regarding upcoming meeting dates and Mr. Sasser requested the Board members be sent notification of upcoming meetings and the Agenda Packet at least ten days to two weeks ahead of time. Chair de Luna and Secretary Williams explained the regularly scheduled meetings are held the second Tuesday of every other month. Mr.Norman asked what procedure to follow if you could not attend a meeting. Ms.Darden stated you should send an email to Secretary Williams and she will communicate it to the Chair, due to the Sunshine Law. Adjournment Chair de Luna adjourned the meeting at 7:16 p.m. - Benjamin de Luna,Chair Dayna L.Williams, Secretary Draft Minutes of the Code Enforcement Board on July 12,2016 Page 3 of 3 off. REQUEST FOR 1 NOTICE OF HEARING LETTER DATE: `2 I� RE#: 1;7d6 3,b ' OT2 a CASE#: ?at y c PROPERTY ADDRESS OF VIOLATION: / O aatAk- (.ftti LEGAL DESCRIPTION: L �2 GOT �� ,, C � 3 PROPERTY OWNER: SEND CERTIFIED LETTER(S)TO: (Please check O and explain all that annly) ((PROPERTY OWNER AT: . h�,��l--( •(`nan a� Sv��o'� ty ADDRESS (ABOVE) -).LV y,�, rr� \5) 5i�, ) r,2144 q4- ❑ DIFFERENT MAILING ADDRESS AS FOLLOWS: ❑ TENANT, AT THE FOLD (Tenant's Name) MEETING DATE: � �O �7 RE-INSPECTION DATE: VIOLATION(S): (Please check and explain all that apply) �IPMC: SECTION(S) . 1 30� 2 grafi'//u.{..<r acc, iuy..y u f !f AME AS ATTACHED: " /. . ❑ NOTICE OF VIOLATION DATED: UN G DATED: REQUESTED REMEDY FOR COMPLIANCE: Optional Section SPECIAL INSTRUCTION: ❑ Mail copy of Notice to ❑ Other: i JV it CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 PHONE (904)247-5855 POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL CASE# 14-00000980 Pursuant to Chapter 162,Florida Statutes and Sec. 2-147,City of Atlantic Beach City Code of Ordinances,I,Deborah White,Code Enforcement Officer, City of Atlantic Beach, hereby affirm a Notice of Hearing, a copy of which is attached,was mailed regular mail and was posted at the following locations: (1) Date Posted: k /7 /� Location: 198 POINSETTIA ST (2) Date Posted: —11-141 Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH,Fl,�32223,,3�� �� pll 4t J-- µ"'M.fil.r Deborah White,Code Enforcement Officer County of Duval State of Florida The foregoing Affidavit was acknowledged before me thisay of t1u 2016, by Deborah White,who is personally known to me as Code Enforcement Officer for the City of Atlantic Beach. Person taking acknowledgement: (Notary Stamp/Seal) Notary Pipe,State of Florida 21]611 wnu,xwluuas 7,: ;i nYCCMAU551QVt FF EXPnES:Augusl],2W— f &MEiAry IMr/PupElWxnMn CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH,FLORIDA,Petitioner CASE NO. 14-00000980 0 S g & 538 z [o1 '� A 61 vs. m1NN 0 WAYNE DOUGLAS SCOTT FIRST CLASS AND x x m nw 198 POINSETTIA ST CERTIFIED MAIL RETURN RECEIPT ATLANTIC BEACH, FL 32233 REQUESTED: 7012 2210 0001 1385 4531 c 1 Respondent Property Address: 198 POINSETTIA ST c g Atlantic Beach,FL Real Estate No. 170636-0510 Legal Description:Lot N1/2 Lot 684,Saltair Sec 3 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on January 10, 2017, 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 owns the property located at 198 POINSETTIA ST, Atlantic Beach,Florida. 2) That notice was posted and sent by certified mail and that Respondent was not 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. IPMC Sec. 108.1.5 1.Dangerous Structure IPMC Sec. 108.1.5 2 Dangerous Structure 2 IPMC Sec. 304.6 Exterior Walls IPMC Sec. 307.1 Handrails&Guardrails IPMC Sec. 304.2 Protective Treatment IPMC Sec. 304.7 Roofs and Drainage IPMC Sec. 305.4 Stair,walking surfaces IPMC Sec. 304.10 Stairway,Deck,Porch,Balco IPMC Sec. 108.1.5 3 Unfit for Human Habitation IPMC Sec. 304.1 Unsafe Conditions OR BK 17849 PAGE 1544 CbNCZZUSIONS OF LAW THAT the Respondent is not in compliance and has failed to comply with the Code Enforcement Board Order of November 9,2016. 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 a fine of$250.00 per day is imposed commencing January 3, 2017 and $250.00'every day thereafter the violation continues to exist. In addition, any fine shall••-also include the administrative costs to the City incurred in prosecuting this case. THAT the Resporide.t Lis responsible_fox contactingacting_ Enforcement Officer d:'b - " the City of Atlantic Beach Code ' 1nn aq%nspetion.of compliance, THAT failure 10 pay'allaccnulated fines:will result in a lien`b�g•placed against the Property at 198 P O1NS T ITA S.T fQ the tg4ftses=ent plus costs inctM6i for the filing of the lien. All lien qtnoiuits are X be'madb paybLbi 4t.an interest rate of ten:(10)pe from date of c6rtificatio n until paid, rcent per annum DONE AND ORDBR$D'TMS January 10,2.017: CITY OF'ATLANTIC BEACH,FLORIDA CODE ENFORCFhENT BOARD ATTEST: ,r Dayna . Williams, Secret - — — By*- � de Luna, Executed this day of PLEASE NOTE: Florida Statutes 162 states Section .1 1, that an appeal of ,:•��`�',��r ,�•. this order shall be FLOMA r' filed in circuit court within thirty (3 0) days of this order's �OZZ FadCay low '� execution. appmeend .. ..d °"aeaad and e .d. .pSMrI, � the C 0FAe h land a0 I�_; Ate..-f 0 N-3'7,3 CITY OF ATLANTIC BEACH is,A `- J pp) 800 SEMINOLE ROAD s) ATLANTIC BEACH, FL 32233 4 PHONE (904) 247-5800 February 6, 2019 Scott Wayne Douglas 198 Poinsettia St Atlantic Beach, FL 32233 RE: Code Enforcement Fines -198 Poinsettia St Case#14-00000980 Dear Property Owner: This letter is notification that there is a Code Enforcement Fine and Lien on your property referenced above. Fine accruing at two hundred fifty dollars ($250) per day. Fine, interest, and lien recording fee accrued thru today: $231,011.55 The property must be in full compliance and inspected to verify compliance to stop the recurring daily fine. If your property is now in compliance, please contact me at 904-247-5855 to request an inspection to verify full compliance has been achieved. If you have any questions or need additional information, please feel free to contact me. Sincerely, OUNS-\,Q_a_ \ • • Angela Irizarry Code Enforcement Officer cc: Benjamin.A.Eppley@wellsfargo.com ��� CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 (904)247-5800 MEMO To: Whom it may concern. From: Dan Arlington Subject: 198 Poinsettia treet Date: March 7, 2019 Background. 196 and 198 Poinsettia Street are each one half of a townhouse type structure. The structure was built in 1983, it is a three-story wood-framed structure, and does not appear to comply with current building codes regarding fire-resistance-rated and structurally independent separation walls. Based on my on-site inspections of 198 Poinsettia, one half of the two-unit townhouse structure,the wood-framed walls, floor/ceiling assemblies, and roof are moisture damaged and deteriorated past the point of repair and must be demolished at least down to the slab. When demolished,the existing adjacent 196 Poinsettia will have to be protected from damage, supported where needed, and the newly exposed wall made weather proof, complying with the Florida Building Code. Please contact me, if you have any questions. Dan Arlington, CBO (904) 247-5813 darlington@coab.us 1 �. 7V ,\ , CITY OF ATLANTIC BEACH /I ' 800 SEMINOLE ROAD IA " ;r ATLANTIC BEACH,FL 32233 . '�-^ (904)247-5800 A.or �'. CERTIFIED MAIL RETURN RECEIPT REQUESTED • 7018 2290 0001 0116 7810 and POSTED ON PROPERTY AND ATLANTIC BEACH CITY HALL April 9,2019 WAYNE DOUGLAS SCOTT 198 POINSETTIA ST ATLANTIC BEACH, FL 32233-4018 Real Estate Number: 170636 0510 Case Number: 14-00000980 - Location of Violation: 198 POINSETTIA ST, 10-16 21-2S-29E, SALTAIR SEC 3,N1/2 LOT 684 Atlantic Beach,Florida Dear Property Owner: Our records indicate that you are the owner of the above referenced property. Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. VIOLATION(S) IPMC, Section 108.1.1. An unsafe structure is one that is found to be dangerous to the life, health,property, or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment,or is so damaged, decayed,. dilapidated, structurally unsafe or of such faulty construction or unstable foundation,that partial or complete collapse is possible. IPMC, Section 110.1 General. The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure,which in the code official's or owner's authorized agent judgment after reivew is so deteriorated or dilapidated or has become so out of repair as to be dangerous,unsafe, insanitary or otherwise unfit for human habitation or occupancy,and such that it is unreasonable to repair the structure,to demolish and remove at the owner's option; or where there has been a sessation of normal construction of any structure for a period of more than two years,the code official shall order the owner or 1 owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyone one year,unless approved by the building official. NATURE OF VIOLATION: Based on inspections of the above referenced structure,I find the structure to be so deteriorated and so out of repair as to be dangerous to the public and deteriorated to the point that it is unreasonable to repair the structure. The building has been boarded for 12 months and has continued to decline.Due to the degree of deterioration and the threat of collapse,I hereby order the demolition and removal of this structure within thirty (30) days of receipt of this letter. Additionally,this structure is one half of a two-unit townhome. The other half(196 Poinsettia Street)is separately owned and will not be demolished. The parties responsible for demolishing and removing the structure on 198 Poinsettia Street will be responsible for supporting and weatherproofing the open portion of the remaining structure on 196 Poinsettia Street. Failure to comply with this notice will result in the City of Atlantic Beach taking emergency measures to correct this hazardous, unsafe condition by demolishing and removing the structure at your expense. A lien will be placed against the property for all fees incurred for the corrective action required to demolish and remove the structure in accordance with the City of Atlantic Beach Code of Ordinances section 12-2 (d) "After causing the condition to be remedied, the city manager or his designee shall certify to the director of finance the expense incurred in remedying the condition, whereupon the expense plus a charge equal to one hundred (100) percent of the expense to cover city administrative expenses shall become payable immediately, and a special assessment lien and charge will be made and recorded upon the property which shall be payable with interest at the rate of ten(10)percent per annum from the date of the certification until paid." It is your responsibility to contact Atlantic Beach Building Department and arrange for a demolition permit and inspections 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 Building Department at (904) 247-5826 if you have any questions or need additional information. Sincerely, Dan Arlington, CBO Building Official • City of Atlantic Beach (904)247-5813 darlington@coab.us cc: Benjamin A. Eppley Benjamin.A.Eppley@wellsfargo.com Wells Fargo Home Mortgage Attention: Property Preservation X2303-048 1 Home Campus Des Moines, IA 50328 2 Page 1 of 2 Js � 4_,j� e', CITY OF ATLANTIC BEACH, FLORIDA .+ l 'A, IA v, NOTICE OF HEARING iiil .,„ !--Ji319'� 5/31/2019 Case Number: 14-00000980 WAYNE DOUGLAS SCOTT Certified Mail Return Receipt: 198 POINSETTIA ST 70171000000069911701 Atlantic Beach, FL 32233 Property Address: 198 POINSETTIA ST ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on July 11,2019 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 198 POINSETTIA ST, RE#170636 0510, 10-16 21-2S-29E, SALTAIR SEC 3, N1/2 LOT 684. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances IPMC Sec. 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. STATEMENT OF CODE ENFORCEMENT OFFICER: On 3/7/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 198 POINSETTIA ST. During the inspection,the undersigned Code Enforcement Officer observed that the property was in violation of the section listed above in the City of Atlantic Beach Code of Ordinances. The nature of the violation included: The structure has been found irreparable and the damage deemed irreversible by Dan Arlington, COAB Building Official and an order to demolish has been issued. In accordance with IPMC Section 111.1 you have the right to appeal this determination.. If the violation is corrected and then recurs or if the violation was not corrected by the time specified for correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. 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. Page 2 of 2 i::: I, \ZQ,(r , hereby swear and affirm that the above statement is true and ace rate. a\C\tr2P— Angela Iriy, Code Enforcement Officer, City of Atlantic Beach ATTEST: At. / J :- Lori Diaz, Records E7 U.S. Postal Service" U.S. Postal Servicers CERTIFIED MAIL® RECEIPT CERTIFIED MAIL° RECEIPT o Domestic Mail Only m Domestic Mail Only r-1-1For delivery information,visit our website at www.usps.com'^'. f` For delivery information,visit our website at www.usps.com®. I r--1 rR [I- Certified Mail Fee .--1 Q' Certified Mail Fee 1:1- $ Q" `21 Extra Services&Fees(check box,add fee as appropriate) ...0 I$ ❑Return Receipt(hardcopy) $ Extra Services&Fees(check box,add fee as appropriate) l= ❑Return Receipt(electronic) $ O ❑Return Receipt(hardcopy) $ O —_ Postmark ❑Return Receipt(electronic) $ Postmark ❑Certified Mail Restricted Delivery $ Here 0 D - Q ❑Certified Mail Restricted Delivery $ Here 0 ['Adult Signature Required S ❑Adult Signature Required $ ['Adult Signature Restricted Delivery$ _ ❑Adult Signature Restricted Delivery$ O Postage O (Postage O $ CI •$ Total Postage and Fees Total Postage and Fees $e t si •D C:tc_SV-AL. , Jrest and t. o.,or Pb Bo No. O - tre n Apt.No., b BDOvo1dg City,State,ZIP+4m -City,State I PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions U.S. Postal Service'" U.S. Postal Service" CERTIFIED MAIL° RECEIPT CERTIFIED MAIL® RECEIPT Domestic Mail OnlIC y Y ra Domestic Mail Only C- For delivery information,visit our website at www.us s.com''. For ps.com'. rq P For delivery information,visit our website at www.us s -• T-R �.� �..�� CrCertified Mail Fee Certified Madam Er Fee Cr .A $ $ Extra Services&Fees(check box,add fee as appropriate) --0 6dra Services&Fees(check box,add tee as appropriate) O ❑Return Receipt(hardcopy) $ ❑Return Receipt(hardcopy) $ O ❑Return Receipt(electronic) $ Postmark CI ❑Return Receipt(electronic) $ Postmark Ezi ❑Certified Mail Restricted Delivery $ Here O ❑Certified Mail Restricted Delivery $ Here 0 ❑Adult Signature Required $ ED ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ ['Adult Signature Restricted Delivery$ _. O Postage p Postage 0CI $ O $ Total Postai-Rge and Fees Total Postage and Fees $ _ $ It ST, �' (� e t 0 eed p.No,o PO r o_ D�N /4 4� t A O SK d Apt.No.,or AO Box No. v��/j fti (/ !~ ca . te,ZIP+4 City,State,ZIP+4° PS Form 3800,April 2015 PSN 7530-02-000.9047 See Reverse for Instructions PS Form 3800,April 2015 PSN 7530-02.000-9047 See Reverse for Instructions 3 rt y�`J ,, Y, ._„S, CITY OF ATLANTIC BEACH F 800 SEMINOLE ROAD -6 - 'N ATLANTIC BEACH, FL 32233 (904) 247-5800 \401119'? 9f' CERTIFIED MAIL RETURN RECEIPT REQUESTED 7018 2290 0001 0116 7964 and POSTED ON PROPERTY AND ATLANTIC BEACH CITY HALL April 26, 2019 Supplemental letter to Code Enforcement Letter, dated April 9, 2019. WAYNE DOUGLAS SCOTT 198 POINSETTIA ST ATLANTIC BEACH, FL 32233-4018 Real Estate Number: 170636 0510 Case Number: 14-00000980 Location of Violation: 198 POINSETTIA ST, 10-16 21-2S-29E, SALTAIR SEC 3, N1/2 LOT 684 Atlantic Beach, Florida Dear Property Owner: Our records indicate that you are the owner of the above referenced property. Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. VIOLATION(S) IPMC, Section 108.1.1. An unsafe structure is one that is found to be dangerous to the life, health, property, or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation,that partial or complete collapse is possible. IPMC, Section 110.1 General. The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure, which in the code official's or owner's authorized agent judgment 1 after reivew is so deteriorated or dilapidated or has become so out of repair as to be dangerous,unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure,to demolish and remove at the owner's option; or where there has been a sessation of normal construction of any structure for a period of more than two years,the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyone one year,unless approved by the building official. IPMC, Section 110.3 Failure to comply. If the owner of a premises or owner's authorized agent fails to comply with a demolition order within the time prescribed,the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons,and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. NATURE OF VIOLATION: Based on inspections of the above referenced structure,I find the structure to be so deteriorated and so out of repair as to be dangerous to the public and deteriorated to the point that it is unreasonable to repair the structure.The building has been boarded for 12 months and has continued to decline. Furthermore,this building will be a source of wind-borne debris during high winds, causing Imminent Danger to persons and property beyond the property lines. Due to the degree of deterioration,the threat of collapse,and Imminent Danger to persons and property,I hereby order the demolition and removal of this structure by June 1,2019. Additionally,this structure is one half of a two-unit townhome. The other half(196 Poinsettia Street) is separately owned and will not be demolished. The parties responsible for demolishing and removing the structure on 198 Poinsettia Street will be responsible for supporting and weatherproofing the remaining structure on 196 Poinsettia Street. Failure to comply with this notice will result in the City of Atlantic Beach taking emergency measures to correct this hazardous, unsafe condition by demolishing and removing the structure at your expense. A lien will be placed against the property for all fees incurred for the corrective action required to demolish and remove the structure in accordance with the City of Atlantic Beach Code of Ordinances section 12-2 (d) "After causing the condition to be remedied, the city manager or his designee shall certify to the director of finance the expense incurred in remedying the condition, whereupon the expense plus a charge equal to one hundred (100) percent of the expense to cover city administrative expenses shall become payable immediately, and a special assessment lien and charge will be made and recorded upon the property which shall be payable with interest at the rate of ten(10)percent per annum from the date of the certification until paid." It is your responsibility to contact Atlantic Beach Building Department and arrange for a demolition permit and inspections to verify compliance. IPMC, Section 106.3 Prosecution of violation. -Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with,the code official shall institute the appropriate proceeding at law or in equity to restrain,correct or abate such violation,or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any 2 action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. IPMC, Section 111.1 Application for appeal.Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals,provided that a written application for appeal is filed within 20 days after the day the decision,notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted,the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. 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 Building Department at (904) 247-5826 if you have any questions or need additional information. Sincerely, Dan Arlington, CBO Building Official City of Atlantic Beach (904)247-5813 darlington@coab.us cc: Benjamin A. Eppley Benjamin.A.Eppley@,wellsfargo.com Wells Fargo Home Mortgage via certified return receipt mail 7016 0910 0001 6799 4288 Attention: Property Preservation X2303-048 1 Home Campus Des Moines, IA 50328 Michael S. Spoliansky,Esq. via certified return receipt mail 7018 2290 0001 0116 7940 975 N. Miami Beach Blvd. Miami, FL 33162 Attorney for Wayne D. Scott Wells Fargo v. Wayne D Scott,et al Case No: 2018-CA-003401 Duval County Florida Brock& Scott,PLLC via certified return receipt mail 7018 2290 0001 0116 7957 2001 NW 64th St., Suite 130 Ft. Lauderdale, FL 33309 Attorney for Wells Fargo Wells Fargo v. Scott Case No: 2018-CA-003401 Duval County Florida 3 Status: Non -Compliance City of Atlantic Beach Lien &Interest Calculation 198 Poinsettia July 2,2019 Fine Calculation Code Compliance Lien Date January 3, 2017 Compliance Calculation date July 2, 2019 Total Days in Violation 910 Total Days in Violation 911 Daily Fine $ 250.00 Calculated Fine $ 227,750.00 Interest Calculation (if necessary) Interest Rate 10% Amount $ 28,453.15 Miscellaneous Fees (if necessary) Filing Fee for Lien Total Due(Lien+Interest+ Fees) $ 256,203.15 Calculation by R. Caffey-City of Atlantic Beach - Finance Department 904.247.5807 has F CASE ACTION FORM � DATE:.N < Compliance: I I DRAFT i CITY OE ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES 6:00 P.M.—SEPTEMBER 13,2016 IN ATTENDANCE Members: BenJamin de Luna,Chair Brenna Darden,City Attorney Don Sasser Deborah White,Code Enforcement Officer Lindsay Norman Dayna Williams,Secretary Richard Lombardi Louis Keith,Vice Chau ABSENT Kirk Hansen(Excused) Chair Ben de Luna called the meeting to order at 6:06 p.m.,followed by the Pledge of Allegiance to the Flag. Secretary Dayna Williams read the roll,finding a quomm was present. 1. Miscellaneous Business A. Introduction to the new Code Enforcement Officer. Chair de Luna explained the main purpose of this meeting was to be introduced to Deborah White, the new Code Enforcement Officer. He explained that she had been the Code Enforcement Officer before and it had been a very pleasant,great experience. B. Open Discussion. Ms.White introduced herself and described her extensive work experience and certifications. She provided the Board a sample agenda packet, stating she wanted to give the Board members an example and overview of the paperwork and documentation they will be receiving prior to each meeting. She explained the items included in the packet would be the agenda,the case history reports on each individual one, and a staff recommendation at the end of each case history. She stated she also does a PowerPoint presentation of the cases showing photos (with dates)of the property. Mr.Norman inquired how the process works and asked her to walk him through the process and the steps taken. Ms.White stated the City is both reactive and proactive. She stated if she receives a complaint she will go and check it out and she also goes out and rides through the neighborhoods. She explained she first identifies if there is an issue and either leaves a courtesy notice (like a door hanger), or she sends a certified letter giving them a reasonable time to correct the violation. She then goes back to reinspect and if the violation is not corrected and in compliance, then a Notice of Hearing is sent and it comes before the Board. She stated in between there are conversations, meetings with people and so forth. She tries to work with everybody prior to coming to the Board. Discussion ensued. Mr. Lombardi remarked that most people are unaware they are violating a City Ordinance and he suggested exploring options to help educate the citizens, either through the newspaper or some other method. Ms. White stated we are starting to do something along those lines. She explained the City Manager's Assistant requested information on issues she could include in the City's newsletter every month. Ms.White provided her an article on the storage and puking of recreational vehicles,as it is one of the more prevalent issues she sees throughout the city. Mr. Norman said he is assuming our regular meeting schedule will return to normal and requested they be notified as early as possible should we need to schedule a meeting in an off month. Chair de Lana agreed and reiterated how pleased he is that Ms.White has returned. City Attorney Durden stated since she arrived on the scene,we have had two meetings and it is her intention to be at all our meetings. She said if she has a conflict,her associate John Wallace may come in her place. Cbafr de Luna noted two parties is attendance and welcomed them to the meeting. Chris Jorgensen,92 W 3'a Street,expressed how delighted he was to have Ms.White back. Chair de Luna asked if there were any other comments or subjects the Board would like to discuss. He referred to the pamphlet the City Attorney provided to the Board members regarding the Sunshine Laws, and noted this is the forum to be able to discuss anything of concern. There was a brief discussion regarding the vacancies on the Board and Secretary Williams stated she would look into it and get back with the Board once she had more information. Adjournment Chair de Luna adjourned the meeting at 6:38 p.m. Benjamin de Luna,Chair Dayna L.Williams,Secretary Draft Minutes of the Code Enforcement Board on September 13,2016 Page 2 of 2 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING October 17, 2016 CASE No. 14-00000980 POSTED ON PROPERTY AND ATLANTIC WAYNE DOUGLAS SCOTT BEACH CITY HALL 198 POINSETTIA ST ATLANTIC BEACH, FL 32233 Property Address: 198 POINSETTIA ST 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 Wednesday, 11/9/2016, 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 Lot N1/2 Lot 684, Saltair Sec 3, RE#170636-0510. International Property Maintenance Code/City Code of Ordinances IPMC Sec. 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. IPMC Sec 304.2 Protective treatment. All exterior surfaces including but not limited to, doors and window frames, cornices,porches,trim,balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or or corrosion shall be coated to inhibit such rust and corrosions and all surface with rust or corrosion and shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH,FLORIDA,Petitioner CASE NO. 14-00000980 VS. WAYNE DOUGLAS SCOTT FIRST CLASS AND 198 POINSETTIA ST CERTIFIED MAIL RETURN RECEIPT ATLANTIC BEACH,FL 32233 REQUESTED: 7012 2210 0001 1385 4234 Property Address: 198 POINSETTIA ST Atlantic Beach,FL Real Estate No. 170636-0510 Legal Description: Lot N1/2 Lot 684, Saltair Sec 3 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on November 9, 2016, 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 owns the property located at 198 POINSETTIA ST, Atlantic Beach, Florida. 2) That notice was posted and sent by certified mail and that Respondent was not present at the hearing. \\ 3) That notification of the violations of the l;' of Atlantic Beach,were made and se• t to Respondent as eviden j Baring. Unsafe Conditions IPMC Sec. 304.1 Dangerous Structures IPMC Sec.108.1.5 2 Exterior Walls IPMC Sec. 304.6 ' Protective Treatment IPMC Sec. 304.2 Roofs and Drainage IPMC Sec. 304.7 Handrails&Guardrails IPMC Sec. 307.1 Stairs and Walking Surfaces IPMC 305.4 Stairways,Deck,Porch, Balconies, IPMC 304.10 Unfit for Human Habitation Sec 105.1.5.3 The aforemention o rty shall be corrected b g permits and completing all the required repairs and o ons to verify the dwelling is safe and habitable. IP 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. SECTION 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose, tom or otherwise unsafe as to not provide safe and adequate means of egress. Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business,to do,perform,have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition,which may be injurious to the health and well being of the community. 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 fne 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 IyWilliams, Secretary Deborah White, Code Enforcement Officer USPS.col-USPS Tracking® Page 1 of 2 Fern .atom Mlw IPPB MatlY Rplprl8lpnln ALERT: This Poedal Semon is monibmg WE pragreae M Humcane Madill Check M updates on session sermon areae may As ageaea.Reand Mom AEUx'.CCWs USPS Tracking° B"°N"° ,FAQ.i' 9rowu our FAQ. Gat Easy Tucking Upd.W r Sign up for My USPS. Tracking Number 701 22 21 00 00113 5540 28 Product & Tracking Information Available Actions PwUI Proxim. FUW..: Gnified Mel Text Updates DATE E 9ME STATUS OF ITEM LOGiNIN Email Updates Sepsamod17,2016.618 Nobc°LMfFb AWhorksd ATLANTIC P. Recipbnr AvtlbdQ BEACH,FL 0233 YW aro mlAad W manorymir hen m 5:18 pm on September 17.2018 in ATLANTO BEACH,FL 32233 and a nmbe war 1aft .use an aumorMeed mtipiarl to nod assitable. SepMmber to.Win,E. Dppgned USPS Fail JACKSONVILLE.FL 32203 pm Septernbm l8'ID18'S'S3 Al at USPS Feel JACKSONVILLE.FL 32203 Track Another Package Manage Incoming Packages Total for peadi namlgr TRU all your packages"a deeFLWm No swell,nwroen ren6 , Trask u Sign up for My USPS a HOUPFUL LINKS CN A80,D$P3.CAM GTHERVFS SITES IEGAL INFORMATION Gail AWN USPS Hare BuaircwcuslumrGelewey Feed,Fdiq San 1. Neamxxm por.'n¢reuors Telmed Uea FAO. Untold Sal Updates Insp4yp Game FOIA Forma.Puollulbne Po.m Ergaer MFEAR Ad EEO OM G—.. Mrea NandrelPortsM.— G�qa RewumeeMGW&yyn CripAMla O 2018 USPS.All Rglm R6ewwd. https://tools.asps.com/go/TrackConfinnAction.action?tRef--hllpage&tLe=1&text28777=... 10/14/2016 ti 0 r etl gg �� Poe e� s cenn� Fro O IFMonemengtflp�Wretl) Po+ImaA O nen geaMttetl CelNery Fea � (EnogcementgeGutrepf A � To�el Po6h9e8 Few $' ft -..-------------------- ---------------------�( -_- CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING September 15, 2016 CASE No. 14-00000980 CERTIFIED MAIL RETURN RECEIPT WAYNE DOUGLAS SCOTT REQUESTED: 198 POINSETTIA ST 7012 2210 0001 1385 4029 ATLANTIC BEACH, FL 32233 Property Address: 198 POINSETTIA ST 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 hew allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on Wednesday,November 9,2016, 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 Lot NI/2 Lot 684, Saltair Sec 3, RE#170636-0510. International Property Maintenance Code/City Code of Ordinances IPMC Sec. 304.1 General. The exterior • nue shall be maintained in good repair, structurally sound and sanitary so as not t ' ' l ---htic health,safety or welfare. IPMC Sec 304.2 Protective treatment. A j, doors and window frames, cornices,porches, mtained in good condition. Exterior wood surface: v .-otected from the elements and decay by pain" feeling, flaking and chipped paint shall be eli i masonry joints,as well as those between the b doors and skylights, shall be maintained weatb ` ? t T IO ; subject to rust or or corrosion shall be coated ace with rust or corrosion and shall be stabilized an -7 ✓ Jxidation stains shall be removed from exterior sw oxidation are exempt from this requirement. C IPMC Sec. 304.6 Exterior walls. ,-,.. I l reaks, and loose or rotting materials; and maintained weatherproa. _ , where required to prevent deterioration. IPMC 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. IPMC 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, wom, loose, tom or otherwise unsafe as to not provide safe and adequate means of egress. Sec. 12-1.Nuisances(a) It shall be unlawful for any person or business,to do,perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous,unsafe,dilapidated or unsanitary condition,which may be injurious to the health and well being of the community. Sec. 304.10. Stairways, decks,porches and balconies. Every exterior stairway,deck,porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound,in good repair, with proper anchorage and capable of supporting the impose loads. 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: Dayn L. Williams, Secretary Deborah White, Code Enforcement Officer Notice of Hearing-Case#14-00000980 Page 2 of 2 4 IPMC 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. IPMC 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. Sec. 12-1.Nuisances(a) It shall be unlawful for any person or business,to do,perform,have, allow, suffer or permit any act,occurrence or condition within the city which constitutes a dangerous,unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well being of the community. Sec. 304.10. Stairways, decks,porches and balconies. Every exterior stairway, deck,porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair,with proper anchorage and capable of supporting the impose loads. 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: Dayn L. '1W- Williams, Secretary Deborah White, Code Enforcement Officer Notice of Hearing- Case#14-00000980 Page 2 of 2 REQUEST FOR NOTICE OF HEARING LETTER DATE: '// RE#: AT CASE#: —4?ro PROPERTY ADDRESS OF VIOLATION: LEGAL DESCRIPTION: '''J/� PROPERTY OWNER: i(/Anor- SEND CERTIFIED LETTER(S)TO: (Please check and explain all that apply) ZM<0PERTY OWNER AT: ❑ ADDRESS(ABOVE) ❑ DIFFERENT MAH.ING ADDRESS AS FOLLOWS: ❑ TENANT, AT THE FOLLOWING ADDRESS: (fenant'sName) MEETINGDATE• � 1 VIOLATION(S): (Please check(J)and eaplaiyall thgt 1)� / ,, n -"UPMC 11 AB CODE SECTION: 'V if ap �^�A'� C VIPMC ❑ AB CODE SECTION: 104A 2 0&%L- MrC ❑ AB CODE SECTION: 'IJV l IZ IPMC Ll AB CODE SECTION: .� � ' <-IPMC ❑ AB CODE SECTION: ❑ IPMC LAB CODE SECTION: Z•� ❑ SAME AS ATTACHED: NO❑ TICE OF VIOLATION DATED: TICE OF HEARING DATED: Optional Section Section SPECIAL INSTRUCTION: ❑ Mad copy of Notice to ❑ Other. • ant a • • Z,and 3.Also c"Plate X O.Data of De iv ■ DomPlete darns t• Delivery is deli N _ 41t Pe,tnctad son the reverse red pint your nameretu the card to You. - I lace. a� reMb,I^sB1" ,,that we can to the back o5 the male • Attach this card ace Permits. D.la aY Stunt 15 W It YES.entM delNerY aa"�1 . ar On the 1. Mala Add--dto. Ice T1'PaE�gagl0mn. d' �eryiled Mall O Retem Fecdpt for Melcha^dlg0 ❑r Islered C3 O.O.D. ❑Insured Mail ea Fee) ❑Yes 4. PesMvled Delira� s 7013 1710 0002 1691 1626s.p�.Mrwa 2. Awe� pb-r mM eo. mRxelPt PS Poen 38l�.FebNary¢D04 (r> CITY C is � pgtt¢BQ � r> v � CeWiietl Fee O1=7 (EnOogee t Irk fl i 'vJi319� � (Enoorspmenl qoq�eyl� HNA August 5,2016 CERTIFIED MAIL RETURN RE °1e1Po°'�ee s Fey, $ 70131710000216911626 m e WAYNE DOUGLAS SCOTT M1 -°"mao..H,.�� -----_ - _ rai:ire--- - -' 198 Poinsettia Street a%>r7- --..-. ``yy Y---'-- -. - Atlantic Beach,Florida 32233-0018 - , , yV- - ---------------„- Real Estate No. 170636-0510 CASE NO. 14-00000980 Location of Violation: 198 POINSETTIA ST,Atlantic Beach,Florida Lot NI/2 Lot 684,Saltair Sec 3 Dear Property Owner: p �/✓ Please be advised,Atlantic Beach Code Enforcement has found your properly referenced above to be in l / violation of the City of Atlantic Beach,Code of Ordinances,to wit: n VIOLATIONS �( IPMC Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe,unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary,vermin or rat infested,contains filth and contamination,or lacks ventilation,illumination,sanitary or heating facilities or other essential equipment required by this code,or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.(Structure is in disrepair due to lack of maintenance,unsafe stairs,roof is deteriorated with open missing soffit,etc) IPMC SEC. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. (stairs to dwelling are unsafe) IPMC Sec.301.3 Vacant Structures and Land 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.(Property is currently vacant and not being maintained) IPMC 302A Weeds.All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches.All noxious weeds shall be prohibited.Weeds shall be defined as all grasses,annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.1 General.The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. IPMC Sec 304.2 Protective treatment.All exterior surfaces including but not limited to, doors and window frames, cornices, porches,trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces,other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted.All siding and masonryjoints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and watertight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosions and all surface with rust or corrosion and shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces.Surfaces designed for stabilization by oxidation are exempt from this requirement. IPMC Sec. 304.6 Exterior walls.All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. (rotted wood siding, soffit, etc.) IPMC Sec. 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. IPMC Sec.304.10 Stairways,decks,porches and balconies. Every exterior stairway,deck,porch and balcony,and all appurtenances attached thereto, shall be maintained structurally sound,in good repair, with proper anchorage and capable of supporting the imposed loads.(rotted deteriorated collapsing stairs,no anchors,etc.) Sec. 12-1.Nuisances(a) It shall be unlawful for any person or business,to do,perform,have,allow, suffer or permit any act,occurrence or condition within the city which constitutes a dangerous,unsafe, dilapidated or unsanitary condition,which may be injurious to the health and wellbeing of the community. (dilapidated structure) This letter requests that the noted violations be corrected by maintaining the vacant structure including by keeping the premises clean,sanitary, mowed and secured.In addition,obtaining permits to repair/replace all rotted or deteriorated siding open soffit,stairs,railings,balconies, wood components and complete all work 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 you 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. Page Number 2 August 5,2016 1 . r Siuc�er�ely,,Q�{ Deborah White CODE ENFORCEMENT OFFICER CC: Crossland Mortgage Corp. P.O.Box 57909 Salt Lake City,UT 84157-0909 Page Number 3 August 5,2016 i m � N N Cl' Posta aJ 4l a C-%,ee f a (E Rehm . `✓ .t) a August 5,2016 CERTIFIED MAIL RE-o 7013171000021E ���, WAYNE DOUGLAS SCOTT - . - 198 Poinsettia Street �a"~ Atlantic Beach,Florida 32233-4018 Real Estate No. 170636-0510 CASE NO. 14-00000980 Location of Violation: 198 POINSETTIA ST,Atlantic Beach,Florida Lot NI/2 Lot 684,Saltair Sec 3 Dear Property Owner: Please be advised,Atlantic Beach Code Enforcement has found you property referenced above to be in violation of the City of Atlantic Beach,Code of Ordinances,to wit: VIOLATIONS IPMC Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe,unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary,vermin or rut infested,contains filth and contamination,or lacks ventilation,illumination,sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. (Structure is in disrepair due to lack of maintenance,unsafe stairs,roof is deteriorated with open missing soffit,etc) IPMC SEC. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped,worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. (stairs to dwelling are unsafe) IPMC Sec.301.3 Vacant Structures and Land All vacant structures and premises thereof or vacant land shall be maintained in a clean,safe,secure and sanitary condition as providedhereinso as not to cause a blighting problem or adversely affect the public health or safety.(Property is currently vacant and not being maintained) IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12) inches.All noxious weeds shall be prohibited.Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however,this term shall not include cultivated flowers and gardens. 'ec. 304.1 General.The exterior of a structure shall be maintained in good repair, sound and sanitary so as not to pose a threat to the public health, safety or welfare. i IPMC Sec 304.2 Protective treatment.All exterior surfaces including but not limited to, doors and window frames, cornices, porches,trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling,flaking and chipped paint shall be eliminated and surfaces repainted.All siding and masonryjoints,as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosions and all surface with rust or corrosion and shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. (rotted wood siding, soffit, etc.) IPMC Sec. 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. IPMC Sec.304.10 Stairways,decks,porches and balconies.Every exterior stairway,deck,porch and balcony,and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.(rotted deteriorated collapsing stairs,no anchors,etc.) Sec. 12-1.Nuisances(a) It shall be unlawful for any person or business,to do,perform,have,allow, suffer or permit any act,occurrence or condition within the city which constitutes a dangerous,unsafe, dilapidated or unsanitary condition,which may be injurious to the health and wellbeing of the community. (dilapidated structure) This letter requests that the noted violations be corrected by maintaining the vacant structure including by keeping the premises clean,sanitary,mowed and secured.In addition,obtaining permits to repair/replace all rotted or deteriorated siding open soffit,stairs,railings,balconies, wood components and complete all work 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 iur cooperation in this matter is greatly appreciated. Please contact Atlantic Beach Code Enforcement at 147-5855 if you have any questions or need additional information. 1,cr 2 16 Deborah White CODE ENFORCEMENT OFFICER CC: Crossland Mortgage Corp. P.O.Box 57909 Salt Lake City,UT 84157-0909 3 .6 N C� D 00 V) D m o 4* z �• N W N �, �^ 00 r W O r.+ M A F• C:) t-+ t-+ ^ V ' f l 1 CD O ff . �c zd< e ► & „ , ) e \ ` \ > . . � < , , ■, - 0 • ��� • s 00 • I 1�� �• QDa C4 00 rD • .per.: c�-aas -- WO } D o 00 Ln D rn i fx. O U m � M _ 00 O ur) , ^ V e-+ `^, J ti (DO rf N C) 0 00 o O 4t N L4 -Q CD l0 rr+ 00 0 pmt C) V O rt • e: 0 • 00 A ` w i���• i 00L/) o m D O u rn z V (D W �p A �• _. N CSD. —� • 00 i rri T' + , • 00• - LQe� , „R + . s • r i '0 awnn 1J ryw � F N Y �1 W C• N R Aw l9 N 6 S !J N IJ W W NI � nl p m � u. o ZOm n s, a 3z r °' n nVIp p �� -a r n o ° r S Y N r N -- -4A m w .n -i 3-n mr`Iz _ 4, r• TIC j3- � I.. �cm m : m O W T A �� Property Appraiser-Property Details Page 1 of 2 SCOTT WAYNE DOUGLAS Primary Site Address Official Record Book/Page Tile• 198 POINSETTIA ST 198 POINSETTIA ST 05707-00836 9416 ATLANTIC BEACH,FL 32233-4018 Atlantic Beach FL 32233 198 POINSETTIA ST Property Detail Value Summary REV 1)0636-0510 3015 Cartifletl 12016 in Peninsula Tax Dishn USD3 Value Method CAMA CAh1A PmMwvlbl 0100 Single FamilyTotal Building Value 599,26300 $104,632.00 x a Buildings 1 EHra Feature Value 4542.00 �$499.00 For full legal description see Land Value(Market) $68,25000 $68,)50.00 Legal DeSt. land 6 Legal section below fBand Value All $0.00 $0.00 btl sumon,n 03115 SALTAIR SEC 03 Jun(Market)Value $168,555.00 5173,881.00 Total Area 2508 Assessed Value $111,728.00 5111,510.00 The sale of this pmiserty may result 1n higher property taxes.For more In(mmation go can Diff/Portability Amt $56,822.00/$0.00 561,321.00/$OAg to Sale Our Homes and our Pmoenv Tax Estimamr.In Progress'progeny values, Exemptions $50,000.00 See below exemptions and other st nomng information on this page are pan of the working tare roll and are sauteed to change.Ceral values listed in Me Value Summary are Nose Taxable Value $61,728.00 See below barred in October,but may include any offcal changes made ager certification _ m how Me Frodeft Accrual(Ht'me valua[n hoed Taxable Values and Exemptions—In Progress+ If there are no exemptions applicable to a taxing authority,the Taxable Value is Ne same as the Assessed Value listed above in the Value summary box. County/Municipal Taxable Value S3RWMD/FIND Taxable Value School Taxable Value Assessed Value ..._....$112510.00 AaesSed Value ............ $..... _. Homestead(W9 -$25,000.00 Homestead(Hx) -$25,c00A0 Horns d Ill -$25,000.00 ...., ...... ...._. - - _... forrysmad ending 196031(1xb)(HB) $25 pm Homestead Banding 196.031(lxb)(HB) Taxable Value $87,510.00 m ....... F25�Om 00 Taxable Value $62,510.00 Taxable Value $62,510.00 Sales History__.._ Book/Page sale Date Sok Pries Deed Instrument M1m Cade g l�IU Vaont/Impnpred ISM7 0063 1 10/3/1983 $541000.00 WD-Warranty Dred._... Unquelified Improved 10613400010 5/22/1986 $681000.00 WD Warranty red nty DUnqualified Improved 06769-01203 9/13/1989 $67,103M AG-Agrtementfor Dead UngwlRetl Improved DB1924xa64 10/4/1995 $75,100.00 1 CT-Certificate of Tdle unqualified Improved 08202M127 7/28/1995 $100.11(1 SN-SpaDal Warranty Unqualified! bprow:d 083591x1998 2/7/1996 $58,600.00 WD-Wananty Dead Ulpuallfsd lmproyed +" Extra Fast IW Feature Deaaiptlpn Rug. I tenpN WIBN Tated Units Value 1 Fell ''I Fireplace Prefab 11 I0 0 1.00 $499.M Land&Legal - (and Legal LN cooDae Desalptlpn Zg1000 From:DepN Category WM LEW 1 Lantl W usual DiarAyapn Unas Does Value 1 10-1621-26-29E 1 0101 RAGS MD 8 19 UNITS PER ARS 2 25.00 100001 Common 0.50 Lot $68,750.00 2 Sill SEC 3 3 NV2LOT684 Buildings - Building 1 Building 1 Ste Address Element Code Detall 198 POINSETDA ST Atlantic Beach M 32233 Portion Wall 6 6 Vertical Sheat Roof Struct 1 1 Mat Building Type 0105-TOWNHOUSE IRoofing Cover 4 4 Built up/TBG Fymialtt _ 1983 Interior Wall 5 5Drywall BUWinp ValW $t"i'li A0 Int Flooring 14 14Caroef IntFicaung 12 12 Hardwood! http://apps.coj.net/pao_propertySeuchBasic/Detail.aspx?RE=1706360510 8/5/2016 PON FORM DATE: Action Taken: Compliance: ;. Details C Page 1 of 1 N..e 1 ny A[e.ml I rneeeyeee....N I c6.i.apr 1 Il6CTw�/erify sonuo an .... ......... Welcome:James J.Perkin. Account Deposit Customer Sersice Voucher Into Property salary Non-Pay Billing History Paymen[Nistory Usage History ACCOYOE INIOTIilion account Number. "Nom.2n Loecmer Name: SCOTT WAYNE 3erd[e Andreae: IPS POINSETTIA ST Mailing Address: IBS POINSETTIA ST NCKSONVILLE,FL 32233 NT' Cy[N: I9 At stem ANve Pronel Namo: (9M1)3513 vnone2 Caere (SM12)O%11 Nee Payment Oue: Ib PerIs Budget Paymem Somm Not on Suet resonant Program enum vaymem Amount FZ Pay SInto.: Ia on EZ Pay Coeaery O2016-JEA yi 3414,0 2A6 - haps://verify.jea.com/tJserHome/Details?ald=Ly WsSlsg/o252fX2AzacYVsxxJeg°/g253dg/g25... 8/4/2016 ServiceInfo Page 1 of I .7E,AVer1 N mam Welcome!James J.Perkin Account Deposit Customer Service Voucher Info Property Safety Non-Pay Billing History rPayment History Usage History �i Service lMormalion PIMgn MM NUlllbf. i i Hal61$CLU MRER.ELECTRIC ga<anmcteM: Rate Coda Metm Numtwr Motor Last Read Cut On Dab Cut DHDam RES10-E 38855780.SCLUMBER-NMRE 1212,1611'%%PM SR13003 -I1 CeW�9��®]016 JEP yyf i '1 I i 4. f a i https://verify.jea.com/UserHome/Servicelnfo 8/4/2016 UT200101 City of Atlantic Beach 8/09/16 Customer Master File Inquiry 08:29:99 Customer ID . . . . . . . . . . . . 21969 Name . . . . . . . . . . SCOTT, WAYNE D. Mailing address . . . . . . . . . 198 POINSETTIA STREET Zip code . . . . . . . . . 32233 ATLANTIC BEACH FL Delivery point . . . . . . . . . . Phone . . . . . . . . 904 - 7351306 Drivers license number . . . . ****************0 FL Social security number . . . . . *****8011 Attention/doing business as . . . Old Account Number . . . . . . . . E-mail address . . . . . . . . . . Customer name type . . . . . . . P PERSON Group number . . . . . . . . Deposit sponsor ID . . . . Display auto pay information Y CHECKING ACCOUNT Display additional information V YES F3=Exit FS=Services F6=Service orders F7=Cust misc info FB=Alt address F9=Change history F10=Payment plans F12=Cancel F29=More keys BOOk 6309 PB 940 TO: Rgela3d Mortgage OR, 940— 946 9600 NDger 63Rd. 1120 OacN 9606e677 St- Petersburg, PL 33702 Fibd A RmcOTded 03/27/96 02100003 P.M. OK Paeymcdby: CRQ95LRN0 MORTOAOE CORP. CLERK CIR%0T [�QURT DUVAL CDU SALT 249.55 RLARNHCITY, OT 84153-0909 1909 BOTHER K OMOT'E 6142.34 p13 570-6007 INTANGIBLE TAX p Br,a Aaow TAB 3Jr nr Rwmd•[0MM swag "°' MORTGAGE 091-2037325-702 L n I0: 4934352 TFIS NIORTGAOB('SerndO lmtram a')u Pi.m March 20th, 1996 .The M.Awn,is WANE D. ECOR, A SiNle Man wh,s mLLm u' 3709 BAN PABIA RD S #1L07• .TAC850MF3LLB, FL 32234 ('BY,ows').11tia Smmff ImYemW a gi.b I/\� CROBBLAWI MORTGAGE CORP. whichu mPaaad yal0aipleg BOdv dm lava of THE STATE OF W. •mow aM, h P.O. DCO[ 57909, SALT LAXH CITY, OT 84157-0909 ('IAada').601bMu owE1AA3Pl6e P0mW hof Seventy One Thousand TW MUMrtd Sixty eight and W/100-------- 1O (U.S.p 31,268.00 >. Tbii dela u evideRW by lonanWa an. dlbd de amt Nk as 6U S—ily Ipmmml('NRb7,Mich M"v b1 mmlhlY MYmems.wibtbc Idl dek,Nm1 pdd a+tlim.dm avd pyAk m Mtll isc, 2026 Oni mnovd01 axhh sa ;(b)ft pa a mpaymm a(ibe hot mdmxxdMh Nae,wid t.111h and a plaftu , wunty sad wtlihradmM;(b)Ue (.) d W 6�bm en at with iN[mM, dvarcetl Pdm PNNOaM 6 b P1a5 Ne Instno of dd9 SxNn . Pat d PB:aad(6)tlx pedwemea AbY man x m.9= d e vq w wdO 6u Ah"W IOMPWNAI am 0m Ndi Pot Dia pary03e, pOvOwer doO homy moMpge, gOm em ainaxy n Iadet 0c (Nl0wi0X dacOTd P10Rm110okd is Duval COm6y.P°"dv TMH N(mty 1/2 OF 3 684, SALTMR. SECTIOM 3, ACCORDING TO PLAT THEREOF RMCORO3O IN PLAT BOOR L0. PAGE 16 OF TME CITNEMP PUBLIC RBOOanS OF UOPn COUNTY. PLORIDA Item k: 170636-0510 tahichbO AemWMu of 198 POINTEMIA STREET, ATLARTIC BEACH IMai.t"I. PLMida 32x33 ItieraaM CPmpnY Adtlmn'); 1r� _ Book 6309 PB 941 J'BGPJBBL Wim a9 aw womt' mw a attc B, rata m me paµtr, avd YI uamNe. libb¢. appo eoav®.rcau.ror+Itia miue+l.oB emw WaN WvtoOu.wail Nb'ame is al Boum m.u nnonaa ME of Ble fuWM All wplrm tin admaau fbal also a wvewd by Ibic Semi"b b"Al AB of We farcywuy b .kaad m m Pou 5ewuity Immuv®t a me'•Pm" , BIMAcba COYLIU lha Betsowu kkwwvr wad a aW'E'bnebY mmeym sod hu Ba ti9am wattPl%, 0mtEE,,mu.ey the Rapsry sod Ihet Be PEM,,rc m..buad,ccmp lot e¢tmbo¢v a ctc d Boloow """A" ad wBl data gmenlly ate aIle w ma Ropmy apwmdl marms ad dmads.mbjmw mr�atom. 1,paymt diMaopa,lmaat vd We Ou.4.Bock a "P47 Wbea doe to PTMA of,am immen m,w acb�eviam,cd br me Nae ad lam cWtBu mW umw la Nine. 2. M..k* Pgmmt d Tt, blo—W Cl Cha,ga. Bwrowm shill ioclade is ucb movdfy pay""'"' sreetbet with la pmcgW am w m Ect faM is the Not,scd soy blo cb ata®h.(s)laces ad lMW eue>mnl" Imd or w a L gwim me RaputY, (h)kawboW Wymam m Wind tma m Ar Rmelry,ad(c)Pmmimns fw immose tgoimd Omer puagtaph a. k avY Jin w WbirA me taht mon MY a vmrtgabe wmsame pt®iw m the Seraeruya Wcltbr WlLae Desvloµmt('SmvmI 1of EE Y�Wwfirb suchmmimv°mad havebcn.gaismA 1<odv fill ala the ll mMy Imtlamem,Elob sc m m(11) smc aw imloh eilhm: (i)a a®Im ttl nImIW ow m if ioWvee Psmi®n a pW by lath w la SmestY,m Iii)t vuolWY sBUBc�sd of a mwtl;aBe imu+om prm'iom S au SmidtY mm�maa is hcid by the 3sueuy,u a Iemaae.ma.m m a aemmimd by am Secsuur. Bamp fat me mamnlr twtse M me scrtmtY.mea ilmu ue wld•s,uaw I¢me•am me sums Pvam Im0.8rt nncl'BsaaW pmlat.' leader may.of avy lime.callm em hoW matt(a Psuow Lets e M agmepam amomt art w Act o mas®m atom.S.Eoo a taNLm for Al sanow ammm uda to Rea Fame Smkmrm -c—"M Am of 1P'ra, 12 U.S.C.Sutton 2611 a ft ad 0 tc u b 7A CPB pain 5500.ry Iber bbo a o" 6om lime m time empl till Iba cusbwn of®r<petmRa q MPA for umdripakd mebmamevu m divbwu,vems afore me Bottower'e royal is are rvdbble ume a[coumwT rota asd mawvms Ime BA me mon6a6e imm•M"pmmium If the mmwn heW by tevam fw BwoW Ivma mind ft uirovae Mlyl m be bold by MPA,]smu shall Jul wit ma arta Boras m aquiad br Blx'SPA. Ilmc amooemof t�6eW 69ItnAa m mY 4me aw ml sulficimt b pay B1e Fa[mW Ivp1 wben ave, Linder may odfr me Bmtv.er ad m9iw Bnvowu w mail s@ me sbamab.w deStieocy u µmind by A. lbc Pmow Pmatam PMMaumdiuoml>mtY 6s al smvssrncdbr tis SemsitYlmslmem. If BartoWu rervin.. m Leomu to fila pay a[afs0 sth sins.Brmawu's aawatBalaodireawit to bnlmcet®nobli tar al Pity W We S.. .Pdy t cildl a bill . mem mnt ii m.hu ml become cottEl m Pry m me S...",muY,ad feta icto b Pto , ufam my ezrem fords m Botm u. I M llietdy EEiot to n rmabma Ne of Bc Ropeny,w is uyuiriJw b!I<der,Bomwv's Wwum bila a csedad wiw avY ,n-•a®a01n$mr all imWlmeas Iw Lmc(a),(b),am(c). 2.APPlktlioW a Pay..All mt. .Eder I.S.PM I ad 2 mall a app4m by 4 mStil : R9,mme mmtP+Pe im+veme pltmom m a ltd by Is t m bo Smmrvy w m to—WW ebtcV by me Sxretaty invadofla momhly oa,l ivwuwx pW,,E Saud,n avy Wu,epecul awemmems,kaxboW psymems w Btamd Eat.to,,,&e.Dom ad omec baud iemYYlCe p®ilm's,m mlmsd: / Hook 8309 pg 942 71>lldb.rn oobb ails the Noce; Y�r D„m smwuali®of do to:mJW of IOe Nae; ro Ore rbarys dm Wm the Nor 4.Re.pleod W 11dIu eWN Yemenem.IlosrouR[ball umm d vv�mvameob m N PmpertY.whedrer ww i¢ exis�e m mtaWvemly eae:Rd,+yoa!m'hmYa,ns�us,ad mdvDevcm,wclvdis8 fin.(w� Wsll�alm fmmam'IDio Ivww[e dl h mammtmd iu N nmwn sed fm bo Or,bob Ihn IeWt teams. ell Lrryms�om w Ibe AopeM1y.wMDe oo.w ainmm m.+bss9¢rrolY tlOnn,,ap1.by 9mw tb the esus r wla e"b and by tam and ND ivelade I=pyab 6or Of,adm a fmm a aePtlbl°b.t •dv.and aro In N sort of Ioa fbmaou shstl gii lend°Damdiem rm{n by mail.Leveler WY matt Paoof of loss if mf n ik Wompdy by Bin, p imwsva CmVM coaaaW u ambwiarY sd d inn m make'Ymem fin,sueb Ina d bbbly b I—kr,Inured of b Bavowm W m Ivo�kr la^dY n¢m avY P^of the ivavavx Prmds wY be aWlird b➢ 41dc,et itc apmry etlm(a)m N rdtsam of roe mhUedeee ue0er IDs Nde ave this Smnriry ImmweN,first m ny of fsguw N duugd YIaWIY.smomm�a . AM appLuuu b IDs arm ogg83.W 0 tho�*aha➢(1 Ca"non or PonWw Rft"non NR of b" on Oof do luaRedn _ onobibl nramoum RquDd to W9 a�iumaedle6l¢debedoea'miler roe Namie W Ihic SecmuY ImuwlwssM1Nl�De�Pad oft wiry Will,°Gild wrm. In dte.of folmloaum of Itis Sear,lmawat ar orbcr mmrnr of fide b m propmty dor ea{hgalNm dx indehrcdorse,all ri94 title ad mkrmt of B ower in iewraRe Pohdea in k c NII pain inch:puruhaRr. 5. trap , ltmmrYon. DfaiYevaem and prolMloa of N Bvsma'[ Wv Applinns.; I.snmDolds. Borrower Nll aaPY,muell®,nod me the Fogerty u Ba¢wEI•s�aeu@ns o obi°,at9 or a allor e¢eulkn of this Sbutity Lmv®w W ii r cndmm b auapY the property a+ pn spat ®davx for m boorm arc Year ate[IDs avm of maPswY•volae[he 5metmy demmem Ais ttgairomet will cane ndm hudsbip for llotmwtt. a unto [aknmBeg enetmpema eYn wh"rh me bgad Bmowsi s mmol. Bcmpwc Adl mDh teeda d anY esRmalivg eircummarxe Borrow eWll vin ewdt nve ar mmy,dmn{e a smPavuall9 a"—=�°°Iffi PmpCiry w ilNw N proPCsh ro OgaorYc,rwonbm rXu sed em eaapld.ladur me➢foWmf N FW WY J�pmp"t1 vraY a atmdoaM a Bin Inn is ie defwtt. leder mag IYC a uuble trio¢m Prmu evil Plexmre ash vums m aluvdoml ploPCny,mmlw YWI elm h whfsdt YBlamw,dluog rh Ing epplvmmpmave,yveswmYlY fol¢or®coram 'afalmnlim m slsmmnm m leder(m fated m pwitle Irma am aq mnmalal IvfomaDm)iv wlmamu xslh IDs urn evid�N by the Noe.iwbdim.bol vin Ddld b.ropeunutioln rouaoieg Borrows'[otetWocY of the 110pn1Y m e xgwns fc udcbthe tlPmp¢ty.de lncdold mcoNUea Dt mcrgcd lWr%1�aprablDc oss+ga in wraiog. {.Cbarga b Bemowa W hWUYve of Iadm's Ripti in N prop".Bonoxs Nll y➢aB W"emmnlad m mmaapil dam,fiver ad ImpmDOm aw am m ioddd Ie P.Wwb 2&atwKr(ball m Ihu6 obliyM1ms m 4mt dilssLL➢Io I&enph whrcL&owd ILC paYmC^I.If fsam myX wvrdd ndawClY aNm]soil°'[ivllm't iv Ibc Psvpny.W^^ leda'e remmu Boamwtr shag Promptly to®�m lade rrmpts cviEea'ivg Ihea paYmm¢ If Bwfow fY1e 10 nWc Ihne yYmnm or the yYmem rmilrd DY petaA+mD 2,m fLils m RrfOw my eW co u ad am[wwaCahmlM ie Nu S[Mity lommmw,mlbaCm akyl prottedivg 0u mry eget Yaffil ltoda's tigltm �n tic noPeM(an'h u n Pm'nf�^B m hatlo�WY.for metlmwoe m ro nfmm 6W m�<gsleham),rime leder wY do W pY rAueser u nevmry m pante°.de voa(We Fogerty nil]ahr'e ri Iv Il,Aopcn➢.ie�d'°[p°y^e°t of Won,Deana iavrama ad ahu dwn memomdm WyiwaPh 2. AM am(vnra nonunion!by I�uYa W mragrspb shill bcPam w h dOml dor of Borrower sd on seam"by fir S.Mly Inifloi That[moan 00 Eur in nrnm fmm Ac ilei,of dibusuwR.Y de Noe ram.aY Y de opDw of finde,shall bn dierelY not ant t nbk. �YlRltesni rya.te iM� � 1311,fSc+CSY P.2L/M Book 8309 Pg 943 9. t oodmmtiov. Ibe prmeNe of aW awab a Gain for damage, wrm w roamr®al,m mmvatw aid mY rwd®®dov m oJsr dtivp of mY LmB of We PrtEerty,m fm mmeymz ry plats of mobmvdivv.ve hereay ev�¢eaE and ebaB be Nd b Lmdm b de..»..Mie feB amwu of de AAebxdvv ihu retain m^Pvd soder de Nox and dna Sawvry fifat a_lsadm ayoll appl9 eucpprorrademrd eawxdon of delalebfda+a evdo theNar my iia 5avdry Inmvmd, firer m amy dtliegmm ammvvm apptW in de oder Providrd m PaH&aPh 3. ams mea a p¢ryymmr a priaipd Amy f ftpfpcmlh mF.Mwhch0acpp'fiboW gall ad ore14 m Ae Oue dde oP me movmlY Ymmn,wN�m off+undir�E aokbkZwhrth.4eeemm mid gewnrylpeedu9mrce6sovmmwou rm���dedb WYall pami b de amp tgAY Cdidw lhmvo. S.Pae. —Yr"Iko fes aal doltod alnrimd by lk Sareory. 9.Grandy rod Acm d H Bap[. (al B t.lemdc my.area a liaibl by vgwle igmed by de S&Ntoy o de rax Of WY ,&W, re —immedime pyo i.fid od W smm wets by die Sramuy bfrfb mit 0m)Borfoasr dafmlta by ftmg b PY by NY my mo,h paymea rca1eM by div Smvmry loomed Prior b or lbe qIc tlde of Ih memov®IY paYrsOr.a s()BOmowe dednhs by Suing,for a Paiw of dirty days, lm pdfmm my aner oblip4 mvmidJ io alis +uhr lvrmmrm. Sartba9�aWt m�e mmeLaA os .L ea x pofbbl t by a*o&law and wub We prim apps of lbe pymeHim tmllaf Jl tumaeamei b9 Bia Sa�tyLmvwif: (i)All mr prl M de A^PeBY,mr a krchoal iotaat I..amt oawwE JI a paJ o!dx P•Opmsy,6 eoN b aduwix Imrofinei(shed tlm py devise or ha'eml)by Ik Baeowa,aW fu) Ib< lhoputy If — —%mi by ds Pmrhoo a PamIH as his or bis pdaipm residon d de 9daamomtPl dw Amperty bu[htaMnd'n pm vet Stet approval ie emordame wid de Secrtwry. k)Na Walsd.if evrvmauvra Deet desmwld p®il Uadr b"wfrc immepua paymmf m mi.het lamer dxd m[rrgdbevrh lff e ,lemda sou and waive w Jgke a id minim m-Aa . „d) Bepddimm of MW Sffob d .N vmY-rmmmaxs rzphtiovr iawm by dd S..Wy will limit Ladd's 6pb io de rad of wymwl dfiWm a vNuirc immrdiate paynmH a fdl eeA bfadam if v paid.IL6 Seemnsy lesmurmtd des mm-.06macakndwor faclomrt tmapumipd Ey rcgWedoa of lk Sartury. le)hlmt2w Nd loved.wmy,o amov tlw sMWd dm SmmJy Iahtmed and tk Nod dwmd dvepY v k agiblc(Of tmmame mtld the Napmml Nweiq Ao ambo W days Som de dx pumf,lendb mag,at id op4m nm mswiWtmdog aWlNvg b parapaph 9.re9oJe immmiak Pyf a is fall d aB seta sentm4 by six Sc w4y •__. ra. A a+ieen smtmmm of mY aHhorimd aaem of de$marry dem mpd9mm m do day9 tom dr sett k�rcof,dcJideg b ivaae du 3avri y tapetum(and de Nac waw d Y.Jell k h mmbaaive f Of b�aligibJiry.NolwitlaxmBmg ea de drcgWvg,ala opdwmay ms Id ecix by lemic whom thc tvvada q o(InOsavm ie m1elY ice m 1<Wer'a fiihm lm rmsis a mmyagc bamamspremhtm b de Smeary. IB.^:... ..Borrower hu a digLf m k rtiresdM J Irnkr tui rc9otel imo diem Bmeowxla fiJne m ryy m emow[des eNa the Nae m fWa Src®tY ldb�mmt Itis ripfrt applue eveel ager finerlom�e 9rveadimp art iwdtimtW.To aim We do Saudry lmmmm4 Bormaea daB xmtr b a hwP aum all mmuvt reAdr 1 a larivg Bunuwer's xoom gmdem ImcmdmE. b de eamm dry art rft.Bpdom of Bmamwer wJcr tbu Srmdry Imremem, e coau and msnaple and rmso-mmy mbidYi ka and enemy prupaly esmciamd aid de frucmmrt W, og.upon deipvacmenr br Brvdawv,alis Samry Imm�dOr ad de obppyom ort h salved dJl aemvim m<ffm a Wl mH psi mol roQuired immedde payoeof im hJl.xaweva.leoda is m[ mpermitminxran�mrif:(i7ladmr ala mupLLM ennuymxm aha de emmxmrmed mf Bxalmaue pdamdimp wtltwo Ydma immWielclY Prrcedvg she mnweamem of•cmvem forslomrs POeaJimq.(u)andppmm T preclude(oa baurt w dllfemnt pdwvds a Ne fumes.or(ur)rcinamamed wBl edveraly agar deprimi9 Wdelie�ereaxd by dt$[miry tvamvxul. � �,� /q 7 Book 9309 P9 944 Il.Boo.Not RA Frrbormo By lata No a Waver.li m umn of W time of,a,mem w modfrmon d monotiao of 0e roma mM by did Seouiry Inmommot g woi by Isedv m aey emrmmm u iwren of Boaorm ahml rm orrau to ulna de lability of the migiml Bonoaar or Bomaa'e moemor it mbntt.leatr shill to,bo ammmd m commomot of me mmsP mtoodinp�4mvlry Iwmmml 4.raw MM amsm male by ibe mi'meal form. m u imam. way fokeanose by later m eaeMsieg ay ri�I m rmWy aWB ms M a wirer of or prceky da menuc0fmy rippt m,mmy. 13. bluer and Aemdm Bnmy him,and 6 wtl Uabi4y:Cea,,ma.The mvemms aW ammo a(mid ses:miry Imumml mall bird and benefit ye near.evil anigm W 4+ma and Borrow,soblact m me p.mo.of pmornggnph 9.b. Bovora'a corcra t and amsandavBoum pmu be join real. Ay rbm msgBo vs a Sromty Wumm[Im.dm me oomr the Note:(a)is or-Aping tln Stomd,biymmt mly m mofiM.pun mm aunty flat Bo.t i000m,it dK Pmpeafy mda ft I[m of dot Srruriry Ivmmmm;(b)it. onomE,obligmN m y fhe pm uatr my�aaomoladeliom add rcgpd io)ficiews of ilia Smvity Immmm�o 0e Noemmmyl alar='e mumfimixtru Id.Numbs.Any mow m emory pawidrd for is suis5®riryry Iotwmm shell bo gircv by deliveuoS it or by=It% it by fust Clam mail rvim.,11 ter mgrmn um W ammo mdhod.ibe maw mem k dimard m me ynpmry Mum mry mho emrem Bnmra dW.by nun m I<nttfi My mdw m Imder mull br gi.by fust eks meJ m I<rA'l'i eddna sued bent W em Wtlrms I<oder dengmma by crow m Bornrn.Ary mdoe MliO d mf in this Sormitf lmwmmty hr6aara to lave bm pvm m Bopoar or I®-•bmmvm.'nodal In nis p ",h. 14. Govem� Lr; Smoodidq. 13is g ,, Imlrmd oebml be gofmv{by federal law and tls lar of ftjmiWirdoo io wbiW me F=is leafed.Inde even Item my provifun err U�of ihis Smnry Insumrm m rte¢Note maBiro rid appliuhk F= swL rm�AiIX ebrB mt aHttt aherpmvisivmof ilia Sauory invomem n the NOMrhi�un be dvm e(IM widow m emBiuiog Provlmm.1'o du eud Ur lrwiim of Ibis Srvtiry Iumommt and thr Nar m ds1mW tuber le. I5.Ber*rwer'm CoFy Bovowr dull be P.m Orc midomod mpy of Bin Sammy Eubmmn. Id. Awdg of Rab.I mora mmodd mil,mmYm and m,m,to leder m me team and mamas of ft P`oVm`Y.Boreorm mmorim leder or Lendefr nam m roBrn rin aero ad memo a�Irrtby yawa ewm mum of me fmprav m pry de mm m Ieotic m leatla'r egem.Hawevm,prim m 11 h's mEw m BamwH of BaaarQ'e Ivech of ren mvemn a aparoem in m Samly Invmerl,eonowr shag colRn ren nccne W rem am mrmrt of de Pramtr a war fi rhe banmW Irmo mandd Bauder. This asigmeol of rma mmumW m abwlme auipemem eed ort err a^mgrmem fm eddidmd sewtiry mly. If Ieudr give more of btooh m Bdoown�(a)m rad amivW by 9umower"be hind by Rarower m mmAm bt Ixmefit of later mty.m bt AWW m tlm sums temW by the Semmity Immwfut:(b)fordo"I W mhdN m mllax and dein¢all of me rem of ye Psapmyi ad(¢)ur8 teoerl Of m PrWmY mWl mY ad rue dw and 9n➢md m Iahr n lahr's rgmm Imdr'e wmtmdmavdm me amu. Bortowr W atm army my Prior asmgmeo o(me rme antl ben ort and wle mtperfoml am as Item wronld PnvM IeWa form mnoriog is ayghtsroda suis pmp�pli ib. leads.yell ort be mpu�Wmmw ape.uFe mnlmdof mtinam ye my mapedolb. mowitbuy m firm However,later kw, rll9 appmvW rmrver,nay do m bo f, due mea ie i hn,,o My fmot a of um tbml m curt m wWn ft dmtmit a n y tho S mY duetfito w smWl of Ieodv. ltii mwmmmm of mot M m¢ Prapr'rY e1Wl Im®ioalc who mrddt a�iW BY ye Samiy Imm�m[m u PtidiufWl. NM-UI RM covwA .H."',aW Ie ,rudher¢wemm eW ya m dhows: 17.Farmlmre Prowdmm.B I.myr r,,WM immetlkte pryemt M fWl mdr Pmdmoph 9,laden may fmt +ndnr ieava� ....:ere ��l Bmmk 8309 PR 945 Wk BmuY9 feJemnml b7 ry&u1 paem.dk,.I abaB ba ditlW w nYna all enpeaaea baen a is pam1NB tln eaaaiim in flavaW ph17,Wbdin9.BLL mnl B®Yd w..woMk Nlwne7e fm wB w NFYkesidete. IB.RAuv.Upao AYmam aF eU ams rcmaf by Pois Saw:ry wauumwi,leatla abaB Noss Aia Scm:ry Imb®.ma wiaDwLNvge b BanwEf.BopoM aball W9 a%avclMlioa Can. 19.Aftwmye Fag.As NvA in 4v Smairy IVNmea and do N^'aumm p bra'"I i¢lude any as mnr V fog ..n by mappUU¢wmf. M.Wan w W SnnaNy lana f.If on,m an ac.ida¢x uecomtl by ee.mwm nad waded wgalbm wuh 0u' Snwdry ImYmm,ft Naemma of esb emb d "bni.,nnn A aw and da➢a®1 and np0.,tDe un'eoava .Nd eBaaemaatl of bb Baa ty lann fu Ufbe 4da0)warapartofW,Sammy fuhmmf. IOeat applimble bnx(es)7 S] Ca$rnanbamR ❑ Gndmwe hyum Riga ® omclkn'+frl LJ Blamed Umf Drmin am Riche EJ Cwcioy Fquhy FJdn REHAB RIDER BY SIQ4BIOBAWW,Baamwtt amePm udagrcnmOtap NmwOle am io aNy aida(a) W yenwwcYmd,cofdcd M� M SCOTP .W.wv JOHN F. AIEBSAME Stacey 36 SIAM OF FLORIDA, DM . Cmya: lh B` nnB immaaan f. c IndgW bef m ffka March 30rh, 1996 by WAYNC N. SCQI'[ wboupuwmllybmwnw meawbo bar paoduvA MilitaryILI �dqy JOHN F.A[MAME Way Pnbk,SIM 8 FWr MY Cmm e9bm feb.17,IBM Cantu Ha CC 348614 1'J 190e3569L hY F.e ie14 gook x309 Py 916 a.xn 093-2030325-703 boon is 193635E REHABILTfATION LOAN RIDER i{D$pI1 flXfAT10N WM MM IS mil Dna 30N &,d Mnich 1996 And is Ivolloo wd mm ed meR tx Uemd b mead mG -ppI nu 3avIP(p. D of TOM m Sa osY D� ('•S aiY im'uv:om")of me some due tla'e^bosswmEmoow'lmumnsm:m.v's Naem ("lead¢"1 of me Pme dxe eod wools&ftn oy desoribnd in dte S..0 loom and L-x 396 MINnMIA STREET. AT 11 11WIl, IL IDA 32233 Inaeq"till ADDITEONAL COV Wfl.In adldrnn m Poe wvcmua and Wnnn'o,•nutic m rnr SmuitY hMnn6i<m.Bnn°wrn and 4etln.fitmw ande .Enlom: A. L Bea'eak m m be dvse fa de Plows m aaosdtnce.Im dx R'b"iYtlOn inn Afy ID duW Mach 20, 3996 .beman Bannrs avtllader.alis a®rsmen�is ircospmed hY sefessn W lack a pn a oris Sxmily lwm ,No eduau sbD h vWc ndma Woad b3 a Diow Hvdm®eu flvdua>;ps m Oe Admit SsmofnY of Housivp Fdenl Ho 4 eo o ob"-'DO Mg a FlpulO eod Dshm P.JaimrnL andw.m scAvvmle difi&e¢e,mumamvnmtdaeoy lmc R. I(the seluDRiudmuwt paped9 mmpk:�,pufa map fm nt in a lochouq the I u wvd,00 fou 1.o to uhn me o.iob ebp m Nova We sehe%Iiudm ImRmzmrns eodpnpoYfimhum,cw'erisdngaboo fo ane aft muecx m btndt a the smmBB6dm.M pi.mpntlM fix sect nnnu n eachuive rid000nn oees of me Pain od "bin..ch mill be added m str WinriW ieltWrcss.avtl aav 16Y me SmuitY Inahwvrni W h dm and YUAble on dell wim inumum as m l me nae. C. If Bonowee fill b mate eW pYmrnl m to Put wobugad..ovtivi Imo i.wm tlx comoesema, p tom eompnsbenn do Rhabil nnon pof iml ® on Ie Ag .end umh Enloe enntinoa Em iod a pm of 3a&M We IM mill,Al she o9nm of Reda.be in&&MIL BV S[GN1N0 BF1AW,B3� zscpls'.vd s8>m m m°°B mntnlond In"� Iimmi.Imv o. s0'rrr mom.. E°°°•' (Sen) mn� rr+6.Rmdilemn3rrm.YW-33m �nemu A3 03AI3O3N a.�ldi0 p1aW3W'CliN3 3W �3J 3J1.3.d0 1N3W3O11o3N3 3000 H3V39 OLLNV'UV 11V3 3SV31d '3OII0N SIHI 01 ONINIVI83d NOIIVWHOM 'IVNOIIIOOV 3)111 (MOAN HO SNOI1S3flO ANV 3AVH OOA Al 'HOV39 OIINVIIV 10 3000 ALIO 3HI 30 NOIIVIOIA V 10 9'dV/AV OOA 3AVW Ol N30U0 NI 30110N A531Nf100 V SI SIHl 90110N SIH1 40 SAVo NIHIIIA A8 A1dWOO NV0 f101 V(I1ll013 'IL)V38 OI1NH"LIV 4,13 000 3Hd. 30 � O � Lia lti Oro) 0-310 A0 NOL p� ,M �V0NI0� S3SIW3Nd .o11WdSNI 3Hl ss3anav wvana�o aervmo Noi.LV301A 30 301ioN As3iunoo SS95'GbZ :3NOHd ££ZZ£ep1,01A VE9g 3nuepV puog aloulwas 008 NOISING LNRUD' 03N3 3(100 HOV3fl OI.LNV"I.LV 30 ALIO pltl%y �ixnLd Case History Report GY For Case ID: 14-00000980 /v I Page 5 Re ort generated on Jan 7 2015 3.14.30 PM Case Type: RESIDENTIAL Alternate Description: Case Status: ACTIVE Last Status Change Date: 09/22/2014 Case Manager: DEBORAH WHITE Case Created Date: 03/28/2014 Case Origination: ROUTINE INSPECTION Case Established Date: 03/28/2014 Visibility: Public Primary Address: 198 POINSETTIA ST Location ID: 7970 ATLANTIC BEACH,FL 32233 Case Notes Stop Work Note Category Date Order 03/28/2014 Dangerous stairs,rotted Collapsing hazard, no handrails,guardrails, Informational 03128/2014 Y unsafe condition,open soffit,rotted siding, protective treatment and overgrown yard LD1-Lot N 1/2 Lot 684,Saltair SEC Informational 03/28/2014 Y CD2-3 Related Parties Name Related Party Address Address Phone Phone Type Type Number Type WAYNE DOUGLAS SCOTT HISTORY Mailing OWNER OWNER Mailing History CONVERSION Violation Established Resolved Violation Status Short Description ViolaaUoonreet Data Date dress DANGEROUS STRUCTURE 2-IRMCSec.108.1.5 2 04/01/2014 08/06/2014 ACTIVE STAIRS DMIGEROU 198 POINSETTIA Sr E#erior Wal/s-IPMCsec 304.6 03/28/2014 08/06/2014 ACTIVE 198 POINSETTIA ST Pmheb've Treatment-IPMC Sec.304.2 03/28/2014 08/06/2014 ACTIVE IN POINSETTIA Sr RK-Recommendation CEB 03/28/2014 ACTIVE DEADLINE FOR CEB COMPLIANCE JANUARY 10, 198 POINSETTIA ST 2015 Roofs and Dminage-TPMCSee 3047 03/28/2014 08/06/2014 ACTIVE 198 POINSETTIA ST Unsafe Conditions-IPMC Sec.304.1 03/28/2014 08/06/2014 ACTIVE 198 POINSETTIA Sr Weeds-IPMCSea 302.4 03/28/2014 08/06/2014 ACTIVE OVERGROWN YARD 198 POINSETTIA ST 03/28/2014 08/06/2014 CLOSE-NO STARS 198 POINSETTIA ST VIOLATION INITIAL INSPECTION Inspector Resulted Inspector Inspection Insp Time Name Name Tlmestamp (Min) Inspection Result status DEBORAH 03/28/2014 1 Code Compliance lnspedionComplered- WHITE 03/28/2014 Server Name:atlb-rptaspgov.com User Name:ASPCUSTIATLBDAW ` Case History Report For Case ID: 14-00000980 page 6 Report generated on Jan 7 2015 3.1430 PM Inspector Resulted Inspector Inspection Insp Time Ars on Result status Name Name Timestamp (Min) Dem Inspection Comments: NOTICEOFVIOLATION Notice Related Party Recipient Address Assoc Document Tracking Name Association Type Level Address Type Issued Info NOTICEOF VIOLATION Notice Related Party Recipient Address Assoc. Document Tracking Name Association Type Level Address type Issued Into POS77NGAFFIOAVITFOR NOV Notice Related Party Recipient Address Assoc. Document Tracking Name Association type Level Address Type Issued Info REINSPECTION Inspector Resulted Inspector Inspection Insp Time Name Name TlInspection Result Status mestamp (Min) Pe DEBORAH 07/25/2014 1 code Compliance Inspection Completed WHTE - 08/06/2014 HITE Inspedion Comments: NOTICEOFHEARING Related Party Recipient Address Document Notice Name Association Type Level Address Assoc.Type Issued Tracking Info WAYNE Defendant To Mailing 10/1712014 7012 2210 0001 1385 3091 DOUGLAS SCOTT CHECK STATUS OF CMRRR NOTICE Description Scheduled Date Result Date Time Sport Notice of hearing received 10/18/2014 10/18/2014 REINSPECTION Inspector Name Resulted Inspector Name Inspection Timestamp Insp Time(Min) Inspection Result Status DEBORAH WHITE DEBORAH WHITE 10/15/2014 VIOLATION CONTINUES-10/16/2014 Inspection Comments: Scheduled INITIAL INSPECTION Resulted Inspector inspector Inspection Inspection Result Status Name Name TlmaRl Insp Tme(Mln) DEBORAH DEBORAH 11/04/2014 VIOLATION CONTINUES-11/04/2014 WHITE WHITE Inspection Resulted Violations wntinue Comments: Resulted RECOMMENDATION: staff recemmends the Board find the property owner in violation anti order that compliance be achievetl by obtaining required permRs, wmplete malting all the required repairs by lanuary 10,2015,or a fine of$150.00 be imposed for the first day and$150.00 for every day thereafter the violation User Name:ASPNSTUITLBDAW Server Name:atllrrpt.as .com ` Case History Report For Case ID: 14-00000980 Report generated on Jan 7, 2015 3:14:30 PM _ Page 7 Resulted Inspector Inspector Inspection Name Name Timestamp Insp Trust(Min) Inspection Result Status continues to exists. The property owner is responsible for eentacting the City Code Enforcement Officer and obtaining an Inspection of rompliance. CODEBOARD HEETINGS Scheduled Start Date Calendar Type 11/17/2014 Meeting CES Order Related Party Recipient Address Document Notice Name Association Type Level Address Assoc Type Issued Tracking Into WAYNE Defendant To Mailing 11/21/2014 7012 2210 0001 DOUGLAS 1385 3015 SCOTT BOARD ORDER COMPLIANCE INSPECTION Inspector Name Restaged Inspector Name Inspection Timestamp Insp Time(Min) Inspection Result Status DEBORAH WHITE 01/12/2015 Inspection Comments: SMedukof cel,complalnce inspection NOTICEOFNEARING Related Party Recipient Address Document Notice Name Assodation Type Level Address Assoc.Type Issued Tracking Info WAYNE Defendant To Mailing 12/16/2014 7012 2210 D001 DOUGLAS 1385 3220 SCOTT REINSPECTION Resulted Inspector Inspector Inspection Name Name Tlmestamp Insp Time(Min) Inspection Result Status DEBORAH DEBORAH 01/07/2015 VIOLATION CONTINUES-01/07/2015 WHITE WHITE Inspection ResuRed Comments: Resu/Md RECOMMENDATION: Report status at hearing. Deadline for full compliance with November 17,2014 order is January 10,2015. Inspection of property on January 7, 2015 reveals no work has started on repairs. Staff recommends the Board find the property owner in violation of the order issued on November 17,2014 and impose the$150.00 per day fne commencing on January 11,2015 the first day and$150.00 for every day thereafter the vlokidons continues to exlsts. The property owner is responsible for contacting the CRY Cade Enforcement Officer and obtaining an inspection of compliance. COOEBOARDHEETINGS Scheduled StartDate Calendar Type 01/13/2015 Meeting Server Name:abb-ryt.aspgov.com User Name:ASpCUSTVNTLBDAW m • m o js CODE ENFORC n1 CITYOFATLANTo NOTICE r O (Eqo �egrvery Fy January 15,2015 N aF.. , 6 Fpy Q N V WAYNE DOUGLAS SCOTT 198 POINSETTIA STREET "'ri'N— ---- .... _ A ATLANTIC BEACH, FL 32233 — --" - Property yy..,,�� 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, March 10, 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: Lot N1/2 Lot 684, Saltair Sec 3, RE#170636-0510. International Property Maintenance Code/City Code of Ordinances IPMC Sec. 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however,this term shall not include cultivated flowers and gardens. IPMC Sec 304.2 Protective treatment. All exterior surfaces including but not limited to, doors and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or or corrosion shall be coated to inhibit such rust and corrosions and all surface with rust or corrosion and shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. y IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 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. SECTION 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose, tom or otherwise unsafe as to not provide safe and adequate means of egress. The Code Enforcement Board may levy fines up to $250.00 per day for the fust 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(5) 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 L. Williams, Secretary Deborah White,Code Enforcement Officer Notice of Hearing-Case#14-00000980 Page 2 of 2 CERTIFIED MAILT,., RECEIPT IL AL .W= E3 (Dom"fic Mail Only"No lnsum�CO�00 Provide ti M m m m — m Prime¢ s .a eena;ea ree .a o �Emoa�em,pse'p.;.�°0e� Po.«."' ?ORCEMENTBOARD o eeeo-iaeao>ineryr« \NTIC BEACH,FLORIDA o ctrao,:¢meta a«m.a) CE OF HEARING true;voaieee a re« $ N CASE No. 1400000980 p %nae{Api .__.._._.._-------------------_. CERTIFIED MAIL RETURN RECEIPT 14 -- REQUESTED:980 �Of✓ 7012 2210 0001 1385 3220 ATLANTIC BEACH, FL 32233 Property Address: 198 POINSETTIA ST Atlantic Beach,Florida Dear Respondent: The Code Enforcement Boardof 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 Lot N1/2 Lot 684, Saltair Sec 3, RE#170636-0510. International Property Maintenance Code/City of Ordinances Maintenance Code/Ciri Code of Ordinances IPMC Sec. 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health,safety or welfare. IPMC Sec 304.2 Protective treatment. All exterior surfaces including but not limited to, doors and window frames, comices, porches,trim, baloonies,decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or or corrosion shall be coated to inhibit such rust and corrosions and all surface with rust or corrosion and shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit min. 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. SECTION 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, wom, loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 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 .Williams, Secretary Deborah White,Code Enforcement Officer Notice of Hearing- Case 414-00000980 Page 2 of 2 ZrU.S. Postal Service CERTIFIED MAIL,. RECEIPT m Ire iCIAL m N M P.m' $ VFORCEMENT BOARD Gnmea F« LANTIC BEACH, FLORIDA '� F«ewk HCE OF HEARING O (Entlm«memM,V9 d) H. F.O 0 lF"+Weha%:o.agm,F.a«) CASE No. 14-00001099 NTOW PwIepeS Fen $ ru CERTIFIED MAIL RETURN RECEIPT ru REQUESTED: - -----------------------"'"'-"" 7012 2210 0001 1385 3244 mvuenxo I 0 aq -V64 Property Address: 824 SHERRY DR 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 Lots 67, 68, 69 (EX PT RECD O/R 12683 -2466), Saltair Sec 3, RE#170392-0000. International Property Maintenance Code/City Code of Ordinances IPMC Sec. 302.7 Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. 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 rive 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 L. Williams, Secretary Deborah White,Code Enforcement Officer Notice of Hearing-Case#14-00001099 Page 2 of 2 t111- REQUEST FOR V NOTICE OF HEARING LETTER DATE: /j �6 A>/ BE#; CASE#: / p0 PROPERTY ADDRESS OF VIOLATION: f ed'r�uci.- LEGAL DESCRIPTION: PROPERTY OWNER: 0-0 SEN--D/ l' CCERTIFIED LETTER(S)TO: (Please check(J)and explain all that apply) YROPE�RTY OWNER AT: P ADDRESS(ABOVE) ❑ DIFFERENT MAILING ADDRESS AS FOLLOWS: ❑ TENANT, AT THE FOLLOWING ADDRESS: (tenant's Name) MEETING DATE: VIOLATION(S): (Please check(q)and explain all that apply) /J 9 IPMC ❑ AB CODE SECTION: 310 ge. ( �f-►.�- C.O+-e4JYtB IE'IPMC ❑ AB CODE SECTION: 1 mil.O�e I TMC ❑ AB CODE SECTION: 3 /vu" I3"IPMC ❑ AB CODE SECTION: f- IKIPMC ❑ AB CODE SECTION: /0 C . "MC ❑ AB CODE SECTION: 1(SAME AS ATTACHED: ❑ NOTICE OF VIOLATION DATED: p40TICE OF HEARING DATED: Optional Section SPECIAL INSTRUCTION: ❑ Mail copy of Notice to 0 Other: Case History Report For Case IO: 14-00000980 Report Generated on Nov 4, 2014 4:40:23 PM Page 9 Case Type: RESIDENTIAL Alternate Description: Case Status: ACTIVE Last Status Change Date: 09/22/2014 Case Manager: DEBORAH WHITE Case Origination: ROUTINE INSPECTION Case Created Date: 03/28/2014 Visibility: Public Case Established Date: 03/28/2014 Primary Address: 198 POINSETTIA ST Location ID: 7970 ATLANTIC BEACH,FL 32233 Case Notes Stop walk Note Category Dab Order 03/28/2014 Dangerous stairs, rotted collapsing hazard, no handrails,guardrails, Informational 03/28/2014 Y unsafe condition,open soffit, rotted siding, protective treatment and overgrown yard LD1-Lot N 1/2 Lot 684,Sabir SEc Informational 03/28/2014 Y LD2-3 Related Parties Name Related Party Address Address Phone Phone TV" Type Number Type WAYNE DOUGLAS HISTORY OWNER Mailing SCOTT OWNER Mailing HMO CONVERSION Violation Established Date Resolved Dab Violation StMus Short Description Violation Street Address DANGEROUS SIRUCTURE2-IPMC Sec. 108.1.5 2 04/012014 08/06/2014 ACTIVE STAIRS DANGEROU 198 POINSETTIA ST E#eYor Walk-IFMCSsc 300.6 03/282014 08/06/2014 ACTIVE 198 POINSETTIA ST ftnecb'va Treaornnt-IPMCSec.304.2 03/28/2014 08/06/2014 ACTIVE 198 POINSETTIA ST Roof'and DraMage-IFMC Ssc.304.7 03/28/2014 08/06/2014 ACTIVE 198 POINSETTIA ST Unsafe Conditions-UI CSec.304.1 03/28/2014 08/06/2014 ACTIVE 198 POINSETTIA ST Weeds-IPMC Sec.302.4 03/28/2014 08/06/2014 ACTIVE OVERGROWN YARD 198 POINSETTIA ST 03/28/2014 08/06/2014 CLOSE-NO VIOLATION STAIRS 198 POINSETTIA ST INL7754L INSPEMON Inspector Resulted Inspector Inspection Insp Time Name Name Timesbmp (Min) Inspection RwN Stabs DEBORAH 0328/2014 1 Code Compliance Inspection Completed- WHITE 03/28/2014 Inspection Comments: NO77CE OF VIOLA77ON Notice Related Party Recipient Address Awl Document Traddng Name Association TV" Level Address Type Issued Info Server Name:adb-rptaspgm.mm User Name:ASPCUSTAATLBDAW Case History Report For Case ID: 14-00000980 Report aenerated on Nov 4, 2014 4:40:23 PM Page 10 N07ICEOFVZOLATZON Notice Related Parry Recipient Address Assoc. Docimen: Trucking Name Association Type Level Address Type Issued Indo POSTINGAFFIDAVIT FOR NOV Notice Related Party Recipient AddrssAssoe Document Tnsrkbnp Name Association Type level Address Type Issued Info REINSPECTION Inspector Resulted Inspector Inspection Imp Time Name Name T$mesfamp (Min) Inspection Result Status DEBORAH 07/25/2014 1 Code Compliance Inspection Completed- WHITE 08/06/2014 Inspection Commands: N077CFOFHEARING Notice Related Party Recipient AddressAesoe. Document Tracking Name Association Type level Address Type Issued Info CHECK STA TOS OF CMRRR NOTICE Description Scheduled Date Result Date Time Spent Notice of having receded 10/18/2014 10/18/2014 REINSPECTION Inspector Name Resulted Inspector Name Inspection Timestamp Insp Time(Mln) Inspection Result Status DEBORAH WHITE DEBORAH WHITE 10/15/2014 VIOLATION CONTINUES-10/16/2014 Inspection f mnMenta: SalreduAsd INITIAL INSPECTION Resulted Inspector Inspector Inspection Name Name Timestamp Insp Time(Min) Inspection Result Status DEBORAH DEBORAH 11/04/2014 VIOLATION CONTINUES-11/04/2014 WHITE WHITE Inspection RemNed ViaiMions continue Comments: R N&d RECOMMENDATION: Staff recommends the Board find the property owner in violator and order that compliance be achieved by obtaining required permits, complete making all the required repairs by January 10,2015,or a One of$150.00 be imposed for the first day and$150.00 for every day thereafter the violation continues to exists. The property owner is responsible for contecdng the City Code Enforcement Officer and obtaining an inspection of compliance. CODEBOARD MEETINGS Scheduled Start Date Calendar Type 11/17/2014 Meeting CEO Oilier Server Name:atlb-rpt.aspgov.cem User Name:ASPOUSTiATUBDAW n CEB Compliance Investigation Form Investigation# /V-1406 Deadline of CEB Order: "C) —� Defendant/Owner: Address: Phone# Compliance/Status on Violations: Action Taken: Compliance: Legal Description: RE#: COMMENTS: F9CERTompliance Investigation Form.doc Oct 9 2009 U.S. Postal Service,� MAILT. RECEIPT N CERTIFIEDOnly,No insuranm Comfige ■ 0 M N Po mge $ a Ce„,,, ,F„ .NTIC BEACH,FLORIDA " ORCEMENT BOARD MNm Pewi01FM Hae O (Enearemem PeywF. Pntrmea oeuvery Fn ORDER O (E na°Semen�Peyuhe7) N Tuj Pwt s9 Fen $ A, Petitioner CASE NO. 14-00000980 N to N � aPoBV No. FIRST CLASS AND ' - CERTIFIED MAIL RETURN RECEIPT ATLANTIC BEACH, FL REQUESTED: 7012 2210 0001 1385 3015 Property Address: 198 POINSETTIA ST AtlanHe Beach,FL Real Estate No. 170636-0510 Legal Description: Saltair Sec 3 NI/2 Lot 684 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on November 17, 2014, 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 owns the property located at 198 POINSETTIA ST , Atlantic Beach,Florida. 2) That notice was sent by certified mail and that Respondent was not 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. Unsafe Conditions IPMC Sec. 304.1 Dangerous Structures IPMC Sec. 108.1.5 2 -Exterior Walls IPMC Sec. 304.6 Protective Treatment IPMC Sec. 304.2 Roofs and Drainage IPMC Sec. 304.7 Weeds IPMC Sec. 302.4 The aforementioned property shall be corrected by obtaining the required permits and complete all the required repairs. CONCLUSIONS OF LAW THAT the Respondent WAYNE DOUGLAS SCOTT 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 January 10, 2015. Failure to comply will result in fines of$150.00 for the first day and $150.00 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 198 POINSETTIA ST 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 November 17, 2014. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD ATTEST: I {nf 4k Dayn 'L.Williams, Secretary N By. Veda Harless,Chair Executed this Q SW�day of 2014. PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of Us order shall be filed in circuit court within thirty (30) days of this order's execution. p ggent p. ,�paaressee • ' Hams 1.2.end 3I d woomP e X Is desired. C.Date of Deliaery ■ Complete �d pellyery an me reverse by(pf eee •) 4 I fl s'a Bed add ■ �Pdmyaur nam t mrd to Yo"' 9. tp pYee sothat"can return 01Ne mellPiece, dHfearrtb°rn�" ❑tia to the bark dl � pdax: D.�eaeMeN ort on the"at H sPa"a��� If YFS.erM1er EeMeN �. nmoie adereeeed a' 9' SWO nIW M-1 p aym it lar Me a'aa,se p RQwwmdp C.O.D. p lrreamd Mea ❑Yes npn 4. Pasuktea DeaWerVf(bra Fee) 2210 0001 1385 3091 7p12 z. a�ad�. mw , label) ,, ,Rawlnc ..es1 FnbNary 2DD4 o — �^ s m p°MN � Ce°NIed FN Posh°r" , Hage � Pelum PMH�.FiWNI . . .,.:.. u.n• O lE^ap181" O T°W PoemOe eFem N (� N p Bo CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING October 17,2014 CASE No. 14-00000980 CERTIFIED MAIL RETURN RECEIPT WAYNE DOUGLAS SCOTT REQUESTED: 198 POINSETTIA ST 7012 2210 0001 1385 3091 ATLANTIC BEACH,FL 32233 Property Address: 198 POINSETTIA ST 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 Monday, 11/17/2014, 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 Lot NI/2 Lot 684,Saltair Sec 3,RE#170636-0510. International Property Maintenance Code/City Code of Ordinances IPMC Sec. 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however,this term shall not include cultivated flowers and gardens. IPMC Sec 304.2 Protective treatment. All exterior surfaces including but not limited to, doors and window frames, cornices, porches,trim, balconies,decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosions and all surface with rust or corrosion and shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation me exempt from this requirement. IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes,breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, fight 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. SECTION 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose, tom or otherwise unsafe as to not provide safe and adequate means of egress. 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: a t k,.„- Dayna .Williams, Secretary Deborah White,Code Enforcement Officer Notice of Hearing-Case#14-00000980 Page 2 of 2 REQUEST FOR �r �r NOTICE OF HEARING LETTER /6// o RE#: DATE: CASE#: PROPERTY ADDRESS OF VIOLATION: LEGAL DESCRIPTION: PROPERTY OWNER: SEND CERTIFIED LETTER(S)TO: (Please check (J) and explain all that apply) ❑ PROPERTY OWNER AT: ❑ ADDRESS(ABOVE) ❑ DIFFERENT MAILING ADDRESS AS FOLLOWS: ❑ TENANT, AT THE FOLLOWING ADDRESS: (Tenant's Name) / MEETING DATE: /r RE-INSPECTION DATE: VIOLATION(S): (Please check (4) and explain all that apply) ❑ IPMC: SECTION(S) ❑ AB CODE: SECTION(S) ❑ SAME AS ATTACHED: ❑ NOTICE OFVIOLATION DATED: ❑ NOTICE OF HEARING DATED: REQUESTED REMEDY FOR COMPLIANCE: Olgional Sectionn SPECIAL INSTRUCTION: ❑ Mail copy of Notice to ❑ Other: t r ' =CASEACTIONR/M Investigation# DATE: NAME: �I ADDRESS OF VIOLATION Action Taken: 6 Compliance: J CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 PHONE (904)247-5855 POSTING AFFIDAVIT PROOF OF MAILING REGULAR US MAIL CASE # 14-00000980 Pursuant to Chapter 162,1' )rida Statutes and Sec. 2-147,City of Atlantic Beach City Code of Ordinances,I,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: 05/28/14 Location: `98 POINSETTIA ST ,,TLANTIC BEACH. FLORIDA 32233 ' L (2) Date Posted: _05/28/14 7 Location: ATLANTIC BEACH CITY HALL �— 800 SEMINOLE ROAD ATLANTIC BEACH,FL�3223�3 Deborah White,Code Enforcement Officer County of Duval State of Florida //'' The foregoing Affidavit was acknowledged before me thi;�1 d y of MOW 2014, by Deborah White, who is personally known to me as Code Enforcement Offs er for the City of Atlantic +ch. Person taking ackna.-ledgement: of y Public tate of Florida 71Y71===11'340 �,h S J j e CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 J11 9, PHONE (904)247-5855 May 28,2014 POSTED ON PROPERTY AND ATLANTIC BEACH CITY HALL Wayne Douglas Scott 198 Poinsettia St Atlantic Beach,FL 32233 RE: Notice of Violation, Citv of Atlantic Beach Code of Ordinances 198 Poinsettia St,Lot N 1/2 Lot 684, Saltair Sec 3 RE# 170636-0510, Case# 14-00000980,Unsafe stairs,overgrown yard,roof soffit falling, deteriorating roof. 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 Violation Description IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12)inches.All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation,other than trees or shrubs provided;however, this term shall not include cultivated flowers and gardens. Violation Description IPMC Sec. 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. Violation Description IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12)inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation,other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Violation Description IPMC Sec 304.2 Protective treatment. All exterior surfaces including but not limited to,doors and window frames, cornices,porches,trim,balconies,decks and fences,shall be maintained in good condition. Exterior wood surfaces,other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and mas,airy joints, as well as those between the building envelope and the perimeter of windows,doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or or corrosion shall be coated to inhibit such rust and corrosions and all surface with rust or corrosion and shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. Violation Description IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes,breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Violation Description 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. Violation Description SECTION 108.1.5 2. The walking surface of any aisle, Page Number 2 198 POINSETTIA ST May 27,2014 i passageway, stairway, exit or other means of egress is so warped,worn, loose,tom or otherwise unsafe as to not provide safe and adequate means of egress. This letter requests that the noted violations be corrected by making the stairs safe within 10 days and mowing the overgrown yard,and repairing the roof and soffit within ten(10) days of the posting 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 Page Number 3 198 POINSETTIA ST May 27,2014 4lTP x � ao�a !Mo>i p 60 0 ✓ n 7 � p N Wrt � o ? y Vii n1 'T1 e-r VI r n r W o o- N N r W T W � A N 0 N �v A O • N n A k 460 m oy V� o W 00 roW 00 -: A to CODE ENFORCEMENT COVER SHEET G LOCATION: 0 G , -ti RESI 4 e/COMM_ CASE NUMBER: //������ v NAME: � Xo--7 re COMPLAINTTYPE: /mayDATE: VIOLATION: e ACTIO INITIAL INSPECTION 302 C/ DOOR HANGER COURTESY NOTICE MEETING WITH TENANT ON SITE INSPECTION_ NOTICE OF VIOLATION— %_00' IOLATION REINSPECTION_ —� Sol lu CHECK STATUS OF CMRRR NOTICE `�� POSTING NOV AND AFFIDAVIT MEETING WITH OWNER ON SITE NOTICE OF HEARING CODE BOARD MEETINGS OFFICER STATEMENT FORM POSTING NOH AND AFFIDAVIT TELEPHONE CALL TELEPHONE MESSAGE NOTICE OF REHEARING �Zr/ 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 h CE FINE MEMO TO FINANCE LIEN LETTER MEETING WITH RESPONDENT BUILDING PERMIT APPLIED FOR CLOSED CASE INTERNAL MEETING REFER TO CITY ATTY/LIEN COMPLIANCE MET OWNER OCCUPIED TENANT OCCUPIED VACANT '2? � . �7w�---- + Primary Site Address OfBdal R600131 Boole/Pace Tile Prim • SCOTT WAYNE DOUGLAS - 198 ary Site ST 05707-00836 9416 198 POINSETTIA Sr Atlantic Beach FL 32233 ATLANTIC BEACH,FL 322331018 ' 1�POINSETTIA ST Value Summary __. . .. 2013 Ce.O9N;77701 Pro Detail - - - - up RE# 1)0G36O510 - ValueMelM1od LAMA Tax VishiR 1913 Total Building Value $58,689.007.00 nrpcem Use O1m 51N(aE Extra Feature Value $57100 0B ildings s Lard Value(Markct) 555625005.00IDeu. 16 23-IS2¢[eBa SALTAIR SEC3LaMValae(Parlc.) $000¢Vbdsian 03115 SALTAIR 03 3ust(Market)Value $11488500 912.00TWIAe L508 Assessed Value $10920400B9L00me saleofthsprupaM mayresult n hgher pmpmly taxers.Far^are IdmlaUon go m Cap Diff/Vatabild,Amt $5 68100/qO. 0A0/50.00save Dur Ho. ad.1Prucertv Tax Eni,VWo WopMyvalues,eremp8ms and other Exemptions $50,000.00 ebxInformatdn listed as'In progress'are sugeet W mange.louse numbers are part athe 2014 Taxable Value $59,209 00elmy working tax roll and will rt be minified sent tagger. as bm.toe Bgai Arora"i.Ys - Offace flues amts Taxable Values and Exemptions—In Progress T A there are ad ezellxarM aliplirable to a taxing auearlly,the Taxable Value Kers same as th Assessed Value listed above Ntbe Vase aad"Bal box. County/Municipal Taxable Value SIRWMD/FIND Taxable Value School Taxable Value Assad Value $110.M2.W Arse.,Value ........- $110,892..00 Assessed Value .. _..._...... $110,842:00. rvom Mead Fxemgbn(fl%) E25 000.00 Hc�d Exemption(H10............. ..45.0000 Horaesead.Fxemgbn(H10.._........... f25 800.00. Amend t HoniMhad(HB) 425000.00 Amend 1 fbmestead(HB)- ............ 425,000.00, Taxable Value $65,842.00 Taxable Value $60,862.00 Taxable Value $60,842.00 Sales History _...._.. ._... - __— Book/page Sag Dobe SaMpr1[e Deed Cgge OualifiM/V/aualMM Varera/ImPoee6 0570700836 lo3/1983 $54,000.00 WD-Warrant,need UncuaGfieal ImpnO+ed 06139-00010 5/27/1986 $68,000.00 WD Warranty Deed unqualified Improved 106769-01203 9/13/1989 $62,103.00 AG-Agreamentfur Deed Unqualified ImpmsM 108192-00864 10/4/1995 $25,IWM CF-ragtlOmR of Title uns,xiiTnN Improved 08202-00127 7/28/1995 $100.00 Sw-Spedal Warranty Unqualified Improved 08:0g00938 2n/1996 $59,600.00 WD-Warranty Dead Umualifed Imagined Extra Features LN T i4ae FeYue Dnoglbe sift. lanpM wI TOW UMb Value 1 WPR7 Rreplafe Prefab 1 0 D 1.00 $510.00 IoM&Legal Lathal W Sgde sere DeDiptlon Tonlno ,..Fant Daptb rabeporY Wtl Unas {ffiIYR land value Lr1 legal D-22-2% n 1 11 0100 R M 3-7 UNITS P61 AC I A l 1 25.00 100.00 ragman 125.00 Fmm Fodage $55,625.00 1 10-16 21-25-29E 2 SALTNRSEC 3 3 111/2 LOT 684 Buildings Building 11 - ---- Bu8din9151N Address Element[ rode Detail �� 1%POINSETTIA ST Exterior Wall 6 6Wit Sheet SHing Atlantic Beaty R KM Ropfng 517umxe 3 3Gable orRt1 Building Type 0105-TOMIHIxI¢ ending rn+ar 3 3Aspa/Comp S** V e year Beat Isis Intend,Wall 5 5 Dry.. Building Vance ¢2.717-00 Int Roomg 14 14 Gryet �s Int Flowing 12 12 Ha,CwOLH Tme Geon Ilemd ERecWe magng Fuel 4 413ectax, Arm Are Arc Pleat)Type 4 4Fomed-Dl1@d 63 63 60 h4://apps.coj.net/pao_propertySeamhBmic/Detail.mpx?RE=1706360510 tii CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 PHONE(904)247-5855 April 14,2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70131710000216916652 Wayne Douglas Scott 198 Poinsettia St Atlantic Beach, FL 32233-4018 RE: Notice of Violation,City of Atlantic Beach Code of Ordinances 198 Poinsettia St,Lot N 1/2 Lot 684, Saltair SEc 3 RE# 170636-0510, Case # 14-00000980,Unsafe stairs,overgrown, roof soffit falling, roof deteriorating. 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 Violation Description IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12)inches.All noxious weeds shall be prohibited. Weeds shall be defined as all grasses,annual plants and vegetation,other than trees or shrubs provided;however, this term shall not include cultivated flowers and gardens. Violation Description IPMC Sec. 304.1 General. The exterior of a:,tincture shall be maintained in good repair,structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. Violation Description IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12)inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation,other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Violation Description IPMC Sec 304.2 Protective treatment. All exterior surfaces including but not limited to, doors and window frames.cornices,porches,trim,balconies,decks and fences, shall be maintained in good condition. Exterior wood surfaces,other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling,flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints,as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or or corrosion shall be coated to inhibit such rust and corrosions and all surface with rust or corrosion and shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. Violation Description IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes,breaks,and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Violation Description 304.7 Roofs and drainage. The roof and flashing shall be sound,tight and not have defects that admit min. 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. Violation Description SECTION 108.1.5 2. The walking surface of any aisle, Page Number 2 198 POINSETTIA ST April 14,2014 passageway, stairway,exit or other means of egress is so warped,wom, loose,tom or otherwise unsafe as to not provide safe and adequate means of egress. This letter requests that the noted violations be corrected by repairing the stairs handrails within ten (10)days, and mowing the overgrown yard, repairing the roof and falling soffit within thirty(30)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 Page Number 3 198 POINSETTIA ST April 14,2014 G \P� rovlded) EPg�ye s•QpSVIE�N\No ^'A .Orepcstt+'w".o•Q'' U• �'(\F f�00; �om'�eb CioyU co�,aCww�s \ avvCx r CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH, FLORIDA,Petitioner CASE NO. 14-00000980 vs. WAYNE DOUGLAS SCOTT FIRST CLASS AND 198 POINSETTIA ST CERTIFIED MAIL RETURN RECEIPT ATLANTIC BEACH,FL 32233 REQUESTED: 7012 2210 0001 1385 4234 Property Address: 198 POINSETTIA ST Atlantic Beach,FL Real Estate No. 170636-0510 Legal Description: Lot N1/2 Lot 684, Saltair Sec 3 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on November 9, 2016, 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 owns the property located at 198 POINSETTIA ST, Atlantic Beach, Florida. 2) That notice was posted and sent by certified mail and that Respondent was not 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. Unsafe Conditions IPMC Sec. 304.1 Dangerous Structures IPMC Sec. 108.1.5 2 Exterior Walls IPMC Sec. 304.6 Protective Treatment IPMC Sec. 304.2 Roofs and Drainage IPMC Sec. 304.7 Handrails & Guardrails IPMC Sec. 307.1 Stairs and Walking Surfaces IPMC 305.4 Stairways, Deck,Porch, Balconies, IPMC 304.10 Unfit for Human Habitation Sec 105.1.5.3 The aforementioned property shall be corrected by obtaining permits and completing all the required repairs and obtain approved inspections to verify the dwelling is safe and habitable. - CONCLUSIONS OF LAW • THAT the Respondent WAYNE DOUGLAS SCOTT 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 January 2, 2017. Failure to comply will result in fines of$250.00 for the first day and $250.00 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 198 POINSETTIA ST 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 November 9,2016. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD ATTEST: rr.. J Dayn L. Williams, Secretary By: I) jatnin de Luna, Chairman Executed this IS° day of 1\DUe '''geR ,2016. 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. � - f CONCLUSIONS OF LAW THAT the Respondent is not in compliance and has failed to comply with the Code Enforcement Board Order of November 9,2016. 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 a fine of$250.00 per day is imposed commencing January 3, 2017 and $250.00 every day thereafter the violation continues to exist. In addition, any fine shallalso include the administrative costs to the City incurred in prosecuting this case. • THAT the Respondent is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance. THAT failure to pay all accumulated fines will result in a lien being placed against the property at 198 POINSETTIA ST for the total assessment plus costs incurred for the filing of the lien. All lien amounts are to be made payable at an interest rate of ten (10) percent per annum from date of certification until paid. DONE AND ORDERED THIS January 10,2017. CITY OF ATLANTIC BEACH,FLORIDA l . CODE ENFORCEMENT BOARD A_ThST: thit I Dayna v . Williams, Secretary By: Ben X, in de Luna, s. an • Executed this tgIlf day of „itr,Wty ,2017. PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of STATE OF FLORIDA DUVAL COUNTY this order shall be filed in circuit court I,the undersigned city Clerk for ure, of Atlantic Beach, within thirty (30) days of this order's Duval County,� do the w$V n and original as N execution. appears on record and fie kilnd correct t* othe Pity click for A1iSAtlantic Beech.Wttness m hand and the City of Atlantic Beam FI ul aJ r :IVO I a' of • MI5 / .410/�J/ day of • i t. .. Yi,r:v• r Page 1 of 2 Y:.'arooieyfy. I��I��III��VIII VIII��IIII'III'III�III III 5 Print Date: Transaction J 1/19/2017 3:41:56 PM #:3180762 Receipt#: 3089316 Ronnie Fussell Cashier Clerk Circuit Court Date: 1/19/2017 Duval County 3:41:54 PM 501 West Adams St RM 1051 (KJEWELL) Jacksonville, FL 32202 (904) 255-2000 Customer Information Transaction Information Payment Summary DateReceived: 01/19/2017 Source Code: BEACH 0 CITY OF ATLANTIC BEACH Q Code: BEACH Return Code:Counter Total Fees $55.50 Counter Total Payments$55.50 Trans Type: Recording Agent Ref Num: 1 Payments IN CASH $55.50 3 Recorded Items BKIPG: 1784911543 CFN.-2017014772 LIEN Date.1119120173:41:52PM From:ATLANTIC7SEACH CITY OFTo:SCOTT WAYNEDOUGLAS INDEXING 2 - $0.00 RECORDING 1 2 $18.50 BKPG: 17849/1545 CFN.•2017014773 (L NI LIEN Date:1/19/20173:41:52 PM From:ATLANTIC BEACH CITY OF To: WEATBERBYKENNETHALLEN INDEXING 1 2 $0.00 RECORDING 1 2 $18.50 R LIEN BKPG: 17849/1547 CFN.-2017014774 Date:I119120173:41:52 PM file:///C:/Program%2OFites/RecordingModule/default.ht n 1/19/2017 Page 2 of 2 From:ATLANTICBEA CHCITFOFTO: C BASS MORTGAGE LOANASSET BACKED CERTIFICATES INDEXING 2 $0.00 RECORDING 2 $18.50 0 Search Items 0 Miscellaneous Items file:///C:/Program%20Files/RerordingModule/default.htca 1/19/2017 �}�6CCy� Mp T 1 � nn: NY ID Ibf 1 n p n A�I w' m Nt � � N pl � ir. J L 21Jw NL N m. me � � N m ry o F= m a p o � MI NEI N IV mN M (0 M M U 67 o y W Y o LL 6 U c Q m v 7F0.W1 oz V a rya, ¢ ¢ °OF 3 = ¢ 0 0 n y�y 0 o A N �-] w w ti 0 r r tz h) VA) N M) o Mil � a' SAP o 7 � o W z � K N � _ w u w rn r •"-W µ I G N C A .N Wcc N Lb mn2mn, W / Y OOm2 W D T p A ID W D m o y I p p ® O w W u n tv � wI' i'v IWi N p M1� WO W W µ p to CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH,FLORIDA, Petitioner CASE NO. 14-00000980 VS. WAYNE DOUGLAS SCOTT FIRST CLASS AND 198 POINSETTIA ST CERTIFIED MAIL RETURN RECEIPT ATLANTIC BEACH,FL 32233 REQUESTED: 7012 2210 0001 1385 4531 Respondent _ Property Address: 198 POINSETTIA ST Atlantic Beach,FL Real Estate No. 170636-0510 Legal Description: Lot N1/2 Lot 684, Saltair Sec 3 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on January 10, 2017, 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 owns the property located at 198 POINSETTIA ST, Atlantic Beach,Florida. 2) That notice was posted and sent by certified mail and that Respondent was not 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. IPMC Sec. 108.1.5 1. Dangerous Structure IPMC Sec. 108.1.5 2 Dangerous Structure 2 IPMC Sec. 304.6 Exterior Walls IPMC Sec. 307.1 Handrails&Guardrails IPMC Sec. 304.2 Protective Treatment IPMC Sec. 304.7 Roofs and Drainage IPMC Sec. 305.4 Star,walking surfaces IPMC Sec. 304.10 Stairway,Deck,Porch,Balco IPMC Sec. 108.1.5 3 Unfit for Human Habitation IPMC Sec. 304.1 Unsafe Conditions CONCLUSIONS OF LAW THAT the Respondent is not in compliance and has failed to comply with the Code Enforcement Board Order of November 9,2016. 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 a fine of$250.00 per day is imposed commencing January 3, 2017 and $250.00 every day thereafter 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 198 POINSETTIA ST 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 January 10, 2017. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD ATTEST: L d ,a .c J �— Dayna . Williams, Secretary By: Be ' in de Luna, hairrnan Executed this Wit day of—:gAa y ,2017. 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-IBM Cognos Viewer Page 1 of 7 Case History Report For Case ID: 14-00000980 Page 1 Report generated on Jan 4 2017 6.5332 AM Case Type: RESIDENTIAL Alternate Description: Last Status Change Case Status: ACTIVE Date: 09/22/2014 Case Manager: DEBORAH WHITE Case Origination: ROUTINE INSPECTION Case Created Date: 03/28/2014 Visibility: Public Case Established Date: 03/28/2014 Primary Address: 198 POINSETTIA ST ATLANTIC BEACH, FL Location ID: 7970 32233 Case Notes stop Work Note Category Date order 03/28/2014 Dangerous stairs,ratted Collapsing hazard,no handrails, Infomwtional 03/28/2014 Y guardrails,unsafe Condition,open soffit,rotted siding,protective treatment and overgrown yard LD1- Lot N 1/2 Lot 684,Sabah SEC Informational 03/28/2014 Y LD2-3 RECOMMENDATION: Staff recommends the Board find the property owner Special 10/25/2016 N in violation and order that compliance be achieved by obtaining permits and completing all the required repairs and obtain approved inspection to verify the the dwelling is safe and habitable by January 2, 2016 or a fine of $250.00 be imposed for the first day and $250.00 for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Related Parties Name Related Party Type Address Address Type phone Nu ber Phone Type WAYNE DOUGLAS SCOTT HISTORY OWNER 198 POINSETTIA Sr Mailing OWNER 198 POINSETTIA ST Mailing History CONVERSION Violation Established Date Resolved DOW Violation Status Short Description Violation Street Address Lange stnumde-ITWSec:149L5 I. 03/28/2014 ACTIVE 198 POINSETTIA ST 21ANGEROUSSIRNCTUPE2-IPAfCSec ICA1.5 2 04/01/2014 ACTIVE STAIRS DANGEROU 198 POINSETTIA ST EHerw Wads-IFMCSer 309.6 03/28/2014 ACTIVE 198 POINSETTIA ST NmMrd//s A GkAV&8 S-IRW.56a 307.1 03/28/2014 ACTIVE 198 POINSETTIA ST Nuisarxe-CorM UMS-Sec 12-1(a) 03/28/2014 12/072016 CASE CLOSED 198 POINSETTIA ST NuisaiK a-O rcrgro an-Sec:11-1(11) 03/28/2014 09/14/2016 CASE CLOSED 198 POINSETTIA Sr http://atlb-ponsTpOOl.atlb.cloud.lcUCognost0/cgi-bin/cognosisapi.dll?b_Acdon�gnosVie... 1/4/2017 Case History Report-IBM Cognos Viewer Page 2 of 7 AomcbW rreamAnt-IANC Sec 304.1 03/28/2014 ACTIVE 198 POINSETTIA ST 03/28/2014 12/07/2016 CASE CLOSED 198 POINSETTIA ST REC-Retornmendadon CEEB 03/28/2014 ACTIVE 198 POINSETTIA ST 10/25/2016 12/06/2016 ACTIVE 198 POINSETTIA Sr 01/03/2017 ACTIVE 1-3-2017 198 POINSETTIA ST Roofs "dDrafge-IANCSec 3047 03/28/2014 ACTIVE 198 POINSETTIA ST Stair, AaLnng"IaGeS-IANCS'ec 305.4 03/28/2014 ACTIVE 198 POINSETTIA ST 5f Riy,.OeoCAxULRako-IANCSec 304.10 03/28/2014 ACTIVE 198 POINSETTIA ST 10Ot1crNuman HaW0600-IANC SEC SOR.L5 3 03/28/2014 ACTIVE 198 POINSETTIA ST Unrale CMIDOrs-IPAKSec 304.1 03/28/2014 ACTIVE 198 POINSETTIA Sr 01/03/2017 ACTIVE 198 POINSETTIA Sr ✓Want SYrtx'Nres A Land-11WC SeC:301.3 03/28/2014 09/14/2016 COMPLIANCE MET abandoned 198 POINSETTIA Sr Yaant SWCn//ES ant(arld-IANC 3191.3 03/28/2014 12/07/2016 COMPLIANCE MET 198 POINSETTIA ST Weeds-IANC Sec 3024 03/28/2014 09/14/2016 COMPLIANCE MET OVERGROWN YARD 198 POINSETTIA Sr 03/28/2014 12/07/2016 CLOSE-NO VIOLATION 198 POINSETTIA Sr REINSPECTION Inspector Resulted Impaction Name Inspector Name Tlmestamp Imp Time(Min) Inspection Result Stabs DEBORAH DEBORAH 01/03/2017 VIOLATION CONTINUES-01/03/2017 WHITE WHITE Inspection Comments: Rrlsd~ inspection for CEB agenda., Property same,overhead line drop attached to falling sof8tt appears to be unsafe,will contact IEA P0.57ING HOH AND AFFIDAVIT Related Party Recipient Addmsss Doutment Tracking Notice Name Association Type Level Addrss Assoc Type Issued Imo WAYNE Defendant To Mailing 12/27/2016 DOUGLAS SCOTT ARMCEOFNEARI/YG Related Party Address Notice Association Recipient Assoc. Doormat Trecidnp Name Type Level Address Type Issued Into WAYNE Defendant To Mailing 12/08/2016 70062150 DOUGLAS 0002 2972 SCOTT 1572 NOTICEOFHEARIHG http://atlb-ponsrpOOl.atlb.cloud.Icl/Cognos I O/cgi-binteognosisapi.dll?b_action-cognosVie... 1/4/2017 Case History Report-IBM Cognos Viewer Page 3 of 7 Related Party Recipient Address Document Treddnp Notice Name Association Type Level Address Assoc.Type Issued Into WAYNE Defendant To Mailing 01/03/2017 DOUGLAS SCOTT CODEBOARDNEE77NGS scheduled Start Date Calendar Type 01/10/2017 Meaning INSPECTION Resulted Inspector Inspector Inspection Name Name Tdmestamp Insp Time(Min) Inspection Result Status DEBORAH DEBORAH 01/02/2017 VIOLATION CONTINUES-01/03/2017 WHITE WHITE Inspection Comments: Resulted Deadline for CEB order compliance Resulted Resulted property remains in violation and continues to detenorate. The overhead electiiml attached the the rotted falling soffitt is aeadn9 a hazardous condition.No Work has been done as of this date 1-3-2017 CFS Otder Related Party Redpient Address Document Tradi Notice Name Association Type Level Address Assoc.Type Issued Info WAYNE Defendant To Mailing 11/14/2016 DOUGLAS SCOTT POSTING NOH AND AFFIDAVIT Related Party Recipient Address Doaunent Treddng Notice Name Association Type Level Address Assoc.Type Issued Info WAYNE Defendant To Mailing 10/17/2016 DOUGLAS SCOTT REINSPEC7I0N Inspector Resulted Inspector Inspection Imp Time Name Name Timestamp (Min) Impaction Result Status DEBORAH DEBORAH WHITE 09/09/2016 VIOLATION CONTINUES- WHITE 09/09/2016 Inspection Comments: .4c./IeddN N07ICE0FHEARING Related Party Address Notice Association Recipient Asaao Doraanert TraildnR Name Type Level Address Type Issued Info WAYNE Defendant To Nailing 09/15/2016 70122210 DOUGLAS 0001 1385 SCOTT 4029 REMSPEC770N Inspector Resulted Inspector Inspection Imprimis Name Name Timestamp (Min) Inspection Result Status http://atlb-ponsrp001.atib.cloud.Icl/Cognos 10/cgi-bin/cognosisapi.dll?b_action�—cogno%Vie... 1/4/2017 Case History Report- IBM Cognos Viewer Page 4 of 7 DEBORAH DEBORAH WHITE 09/29/2016 VIOLATION CONTINUES- WHITE 09/29/2016 Inspection Comments: mad CODEB04RD MEETINGS Scheduled start Daft Calendar Type 11/09/2016 Meeting CEO Order Related Party Address Notice Association Recipient Assoc. Document Traddn g Name Type level Address Type Issued Info WAYNE Defendant To Mailing 11/15/2016 )012 2210 DOUGLAS 0001 1385 SCOTT 4234 INSPEC77ON Resaltotl Inspector Inspector Inspection Name Name Timstamp Insp Time(Min) Inspection Result status DEBORAH DEBORAH 08/04/2016 VIOLATION CONTINUES-08/04/2016 WHITE WHITE Inspection Comments: ResuRed Property is abandoned Ram~ Pmperty is abandoned,vacant IEA and water are active with no consumption or forwarding address. Notified Water Dept that he wasn't living in the house but gave no forwarding address both aaaums are on bill pay. Researched mortgage and will send notice to owner and bank Crosland Mortgage 9600 Koger Blvd#120,St. Petersburg,FL 33702 NOTICE OF VIOLA770N Related Party Address Notice Association Recipient Assoc. Document Name Type Level Address Type Issued TradKing Info WAYNE Defendant Cc Mailing 08/18/2016 DOUGLAS SCOTT Defendant TO Mailing 08/18/2016 70131710000216911626 CHECK STATUS OF CMRRR NOTICE Description Scheduled Date Result Date Time spent 08/19/2016 08/19/2016 1 REINSPEC71ON Inspector Resulted Inspector inspection Imp Time Name Name Timstomp (Min) Inspection Result Status DEBORAH DEBORAH WHITE 09/08/2016 VIOLATION CONTINUES- WHITE 09/08/2016 Inspection Comments: SVMdIAad INITIAL INSPEC770N Inspector Resulted Inspector Impectlon IMPTime Name Name Timestamp (Min) Inspection Result status DEBORAH 03/28/2014 1 CODE/BOARD ORDER COMPLIANCE WHITE INSPECTION-03/28/2014 http://atlb-ponsrp001.atlb.cloud.Icl/Cognosl0/cgi-bin/cognosisapi.dll?b_actiozr coPOSVie... 1/4/2017 Case History Report-IBM Cognos Viewer Page 5 of 7 Inspection Comments: N077CE OF VIOLA 77ON Notice Related Party Recipient Address Document Traddnq Name Association Type LAvel Address Assoc.Type Issued Info N017CF0FVIOLA770N Notice Related Party Recipient Address Document Trarddinq Name Association Type Level Address Assoc.Type issued Indo POS77NG AFFIDAVIT FOR NOV Notice Related Party Recipient Address Document Traddng Name Association Type Level Address Assoc Type Issued Info REINSPEC77ON Inspector Resulted Inspector Inspection Insp Time Name Name Tlmestamp (Min) Inspection R.es@ Stater DEBORAH 07/25/2014 1 CODE/BOARD ORDER COMPLIANCE WHITE INSPECTION-08/06/2014 Inspection Comments: N077CEOFNEARING Related Party Address Notice Association Recipient Assoc Document TraWrq Name Type Level Address Type Issued Indo WAYNE Defendant To Mailing 10/17/2014 70122210 DOUGLAS 00011385 SCOTT 3091 RE7N5PEC770N Inspector Resulted Inspector Inrpectlan Insp Time Name Name Tlmwtamp (Min) Inspection Result status DEBORAH DEBORAH WHITE 10/15/2014 VIOLATION CONTINUES- WHITE 10/16/2014 Inspection Comments: SCINdWed CYIECKSTA7USOFCNRRR N077CE Description Scheduled Date Result Data Time Spent Notice of hearing ieoelved 10/18/2014 10/18/2014 1/4rML INSPEC77ON Resulted Inspector Inspector Inspection Name Name Tlmestamp InnspTime(Min) Inspection Result status DEBORAH DEBORAH 11/04/2014 VIOLATION CONTINUES-11/04/2014 WHITE WHITE Inspection Comments: Rawyted Vieladonls continue Resulted RECOMMENDATION: Staff recommends the Board find the property owner in violation and order Oct compliance be achieved by obtaining required permits,complete making all the required repairs by January 10,2015,or a fine of$150.00 be Imposed for the first day and $150.00 for every day thereafter the violation continues to adsts. The property owner is responsible for contacting the City Code Enforcement O fimr and obtaining an inspection of compliance. http://atlb-ponsrp001.adb.cloud.lel/Cognos 10/cgi-bin/wgnosisapi.dlll?b_action-cognos V ie... 1/4/2017 Case History Report- IBM Cognos Viewer Page 6 of 7 CODEBOAROMEEI7/YGS Scheduled Start Date Calendor Type 11/17/2014 Meeting CEB Order Related Party Address Notice Association Recipient Assoc. Document Tracidng Name Type Level Address; Type Issued Info WAYNE Defendant To Mailing 11/14/2016 70122210 DOUGLAS 0001 1385 SCOTT 3015 N077CEOFNEARING Reletod Party Address Notice Association Recipient As Document Tracking Name Type Level Address Type Issued Info WAYNE Defendant To Mailing 12/16/2014 70122210 DOUGLAS 00011385 SCOTT 3220 BOARD ORDER COMPLIANCE INSPEC77ON Inspector Resulted Inspector Inspection IMPTlme Name Name Timodamp (Min) Inspedfon Result Stohm DEBORAH DEUORAH WHITE 01/12/2015 CODE/BOARD ORDER COMPLIANCE WHITE INSPECTION-01/20/2015 Inspection Comments: SpryaWdad ceb complaince inspection REINSPECTION Resulted Inspector Inspector Inspection Name Name Tlmestomp Imp Time(Min) Inspection Raoult Status DEBORAH DEBORAH 01/07/2015 VIOLATION CONTINUES-01/07/2015 WHITE WHITE Inspection Comments: Resulted Resulted RECOMMENDATION: Report status at hearing. Deadline far full compliance With November 17,2014 order is January 10,2015. Inspection of property on January 7,2015 reveals no wok has started on repairs. Staff recommends the Board find the property owner In violation of the order Issued on November 17,2014 and impose the$150.00 per day fine commencing on January 11,2015 the first day and$150.00 for every day thereafter the violations continues to exists. The property owner is responsible for contacting the City Cade Enforcement Officer and obtaining an inspection of compliance. NOTICE OFHEARING Related Party Address Notice Association Recipient Assoc. Document Name Type Level Adder Type Issued Tracking Info WAYNE Defendant To Mailing 01/15/2015 70112000000203468231 ht(p://atlb-pomrp001.atlb.cloud.Ict/CognosI O/egi-bin/cognosisapi.df?b_action=Cognos V ie... 1/4/2017 Case History Report-IBM Cognos Viewer Page 7 of 7 DOUGLAS SCOTT REINSPECTION Inspector Resulted Inspector Inspection ImpTime Name Name Timestamp (Min) Inspection Result Stabs John Markee John Markee 08/05/2015 VIOLATION CONTINUES- 08/05/2015 Inspection Comments: SchedWed violation conbues INSPEC77ON Inspector Resulted Inspector Inspection Imp Time Name Name Timestamp (Min) Inspection Result Slabs John Markee John Markee 08/26/2015 VIOLATION CONTINUES- 08/26/2015 Inspection Comments: Sah6dzde0 TELEPNONECALL Scheduled Result Time Description Date Date Spent Had phone cunverst on with W.Scott and he stated to me that he was goug to speak 09/04/2015 09/04/2015 with the bank and try to situate some finances to repair his house. INSPECTION Inspector Resulted Inspector Inspection Insp Time Name Name Timestamp (Min) Inspection Result Status John Markee John Markee 01/13/2016 VIOLATION CONTINUES- 01/14/2016 Inspection Comments: ,fdlspuley house looks tike same as in 2014 TFLEPNONEML Description Data Result Time Date Date Spent Lett a message reminding him of our previous conversation and requested he all 01/14/2016 01/14/2016 me back. Server Name:atib-ponsrp001.atib.doud.ld Use,Name:ATUiCIDWrUIDAW RECOMMENDATION: Staff recommends the Board find the property owner in violation of the Board Order November 9, 2016, and order that a fine of two hundred fifty dollars ($250.001 be imposed commencing on January 3, 2017 and for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. http://atlb-ponsrp001.atlb.cloud.lcl/Cognos 10/cgi-bin/cognosimpi.dll?b_action7�cognos V ie... 1/4/2017 -�Wl service ,., CERTIFIED MAIL,,, RECEIPT (Domeslie Ms//On/YJ No Insu aelle,y,mormanoo ranreCoverage Provlded� v1aX our vr96alle ai rvWvausps.com,. P9 Form a80,L qu9 uv p 0a5 �� / I' See ppv¢rse for ingu4cllons b� n yr CEB Compliance Investigation Form Investigation# A ( JIBy Deadline of CEB Order: Defendant/Owner:+ y Address: / %A Phone# Compliance/Status on Violations: Action Taken: Compliance: Legal Description: RE#: COMMENTS: FACEMCompliance Investigation Form.doc Oct 9 2009 M� may. M O of nf^ N of 1. m m SI d mN • ll Q rf 3 CtC n Wu. 0 ' d -JulU' w tlf� tLd_i m U N i( ❑ of S q M3. m F m_' O % t ,a v3 F f w ii O ¢ Q f o VE- WE- "' = tJ ti oz _ Zy Z IH (tryy m � N ry -2 t � m � = a f0 a d u_ till We t0 c a o o d u C d N WW y C l O aOD Q V p CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA NOTICE OF HEARING December 8,2016 CASE No. 14-00000980 CERTIFIED MAD:,RETURN RECEIPT WAYNE DOUGLAS SCOTT REQUESTED: 198 POINSETTIA ST 7006 2150 0002 2972 1572 ATLANTIC BEACH,FL 32233 Property Address: 198 POINSETTIA ST 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 10, 2017, 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 Lot NI/2 Lot 684, Saltair Sec 3, RE#1 70636-05 10. International Property Maintenance Code/City Code of Ordinances IPMC Sec. 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health,safety or welfare. IPMC Sec. 108.1.5 2. The walling surface of any aisle, passageway, stairway, exit or other means of egress is so warped, wom, loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to 1\ prevent deterioration. AIPMC Sec 304.2 Protective treatment. All exterior surfaces including but not limited to, doors and window frames,cornices,porches,trim,balconies,decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry 'oints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or or corrosion shall be coated to inhibit such rust and corrosions and all surface with rust or corrosion and shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. 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. IPMC Sec. 307.1 Handrails and guardrails. Every exterior and interior flight of stairs shall have a handrail on one side of the stair and every open portion of a stair, landing,balcony,porch, deck, ramp or other walking surface which is more than 30 inches(762 mm) above the floor or grade . below shall have guards. Handrails shall not be less than 30 inches(762 mm)in height or more than 42 inches (1067 mm)in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm)inches in height above the floor of the landing, balcony,porch, deck or ramp or other walking surface. IMPC 305.4 Stairs and walking surfaces. Every stair,ramp, landing,balcony,porch, deck or other walking surface shall be maintained in sound condition and good repair. IPMC Sec.304.10 Stairways, decks,porches and balconies. Every exterior stairway, deck,porch and balcony, and all appurtenances attached thereto,shall be maintained structurally sound,in good repair,with proper anchorage and capable of supporting the imposed loads. Sec. 105.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe,unlawful or because of the degree to which the structure is in disrepair or lacks maintenance,is unsanitary,vermin or rat infested, contains filth and contamination,or lacks ventilation,illumination,sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. 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 conective 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 Notice of Hearing-Case#14-00000980 Page 2 of 3 for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ATTEST: d." km DaynaVL.Williams, Secretary Deborah Wbite, Code Enforcement Officer Notice of Hearing- Case#14-00000980 Page 3 of 3 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 61 PHONE(904)247-5855 POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL CASE# 14-00000980 Pursuant to Chapter 162,Florida Statutes and Sec. 2-147,City of Atlantic Beach City Code of Ordinances, I,Deborah White, Code Enforcement Officer, City of Atlantic Beach, hereby affirm a Notice of Hearing,a copy of which is attached,was mailed regular mail and was posted at the following locations: (1) Date Posted: 1 2� iG Location: 198 POINSETTIA ST (2) Date Posted: I Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 Lu"ew—�6 Deborah White, Code Enforcement Officer County of Duval State of Florida The foregoing Affidavit was acknowledged before me this 2fday of2016, by Deborah White,who is personally known to me as Code Enforcement Officer for the City of Atlantic Beach. Person taking acknowledgement: (Notary Stamp/Seal) wttuaxtw,w71"t Nota ublic, State of Florida L( ptp � MY COMA85SIONiFF2.dt�&� E%PIKES:AUWs11, CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA NOTICE OF HEARING December 27, 2016 CASE No. 14-00000980 POSTED ON PROPERTY AND ATLANTIC WAYNE DOUGLAS SCOTT BEACH CITY HAIL 198 POINSETTIA ST ATLANTIC BEACH,FL 32233 Properly Address: POINSETTIA ST 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 10, 2017, 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 Lot NI/2 Lot 684, Saltair Sec 3, RE#170636-0510. International Property Maintenance Code/City Code of Ordinances IPMC Sec. 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. IPMC Sec 304.2 Protective treatment. All exterior surfaces including but not limited to, doors and window frames,cornices,porches,trim,balconies,decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted.All siding and masonry joints,as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or or corrosion shall be coated to inhibit such rust and corrosions and all surface with rust or corrosion and shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes,breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 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. SECTION 108.1.5 2. The walking surface of any aisle, passageway, -stairway, exit or other means of egress is so warped, wom, loose, tom or otherwise unsafe as to not provide safe and adequate means of egress. IPMC Sec. 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe,unlawful or because of the degree to which the structure is in disrepair or lacks maintenance,is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation,illumination,sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. IPMC Sec.304.10 Stairways, decks,porches and balconies. Every exterior stairway, deck,porch and balcony,and all appurtenances attached thereto, shall be maintained structurally sound, in good repair,with proper anchorage and capable of supporting the imposed loads. 305.4 Stairs and walking surfaces.Every stair, ramp,landing, balcony,porch, deck or other walking surface shall be maintained in sound condition and good repair. IPMC Sec. 307.1 Handrails and guardrails. Every exterior and interior flight of stairs shall have a handrail on one side of the stair and every open portion of a stair,landing, balcony,porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches(762 mm)in height or more than 42 inches(1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm)inches in height above the floor of the landing, balcony,porch, deck or ramp or other walking surface. 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: Da . Williams, Secretary Deborah White, Code Enforcement cer Recorded 07/02/2019.`02 :`27 PM, RONNIE�FUSSELL CLERK CIRCUIT COURT DUVAL COUNTY DEED DOC ST $350 . 70 a 1. • • IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA Wells Fargo Bank,NA GENERAL JURISDICTION DIVISION Plaintiff, Case No. 16-2018-CA-003401-XXXX- vs. MA Wayne D. Scott a/k/a Wayne Douglas Scott; �- Unknown Spouse of Wayne D. Scott a/k/a Wayne FILE 1� Douglas Scott; City of Atlantic Beach, Florida JUL 01 2019 Defendants. tPAIrgig CLERK CIRC 7 COU'—RT CERTIFICATE OF TITLE The undersigned Clerk of the Court certifies that a Certificate of Sale has been filed in JUN this action on 1 9 2019 , for the property described herein and that no objections to the sale have been filed within the time allowed for filing objections. The following property, in Duval County, Florida: THE NORTH 1/2 OF LOT 684, SALTAIR, SECTION 3, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 16 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA was sold to: Wells Fargo Bank,NA 3476 Stateview Blvd Fort Mill, SC 29715 Witness my hand and seal of the Court on �`, 0 1 2019 Ronnie Fussell As Clerk of the Court tµECIRCUiT I��:.JutA CW pG.••C *:• : 1 B Q1t Y• .•, =. �•aro�►� As Dep y Clerk CO (.OW: *,• ZAUNDRIA GILLUM I - GO Alexander Grace Consulting, Inc. REPORT OF FINDINGS Assessed Property 198 Poinsettia Street • Atlantic Beach, Florida 32233 AGC Number 19-10-0241 Date Assessed August 7, 2019 Date of Report August 15, 2019 Prepared for Breanne Corselli Brookstone Management Group 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250.904-241-8010 AGO Alexander Grace Consulting, Inc. TABLE OF CONTENTS Page(s) I. INTRODUCTION 3 II. BASIS OF REPORT 3 III. ASSESSMENT AND PHOTOGRAPHS 3 IV. GENERAL PROPERTY AND DAMAGE DESCRIPTION 3 V. CONCLUSIONS 4 VI. DISCLAIMER 5 ATTACHMENTS: A. PROPERTY CARD B. PHOTOGRAPHS 3010 3rd Street South,Suite C•Jacksonville Beach,F1.32250•904-241-8010 2 Alexander Grace Consulting, Inc. I. INTRODUCTION Alexander Grace Consulting,Inc.,was requested by Brookstone Management,to conduct an investigation of certain damage to the building located at 198 Poinsettia Street,Atlantic Beach,FL 32233 ("Residence").The type of damage reported by Brookstone Management,in connection with this report was water damage that has caused significant wood rot in multiple levels of the Residence. The Residence was visited by a representative of Alexander Grace Consulting, Inc., (Engineer) on August 8,2019. H. BASIS OF REPORT This report is based on the following: • A phone call with Breanne Corselli of Brookstone Management. • Physical assessment of the structure generally and damaged areas in particular. • A site visit with representatives of the Atlantic Beach Building Department on August 8, 2019. • Review of information regarding the property and structures obtained from the Duval County Property Appraiser website(http://www.coj.net/departments/property-appraiser.aspxI. • Photographs of the Residence generally and damaged areas in particular. III. ASSESSMENT AND PHOTOGRAPHS Property information for the Residence is included as Attachment A. Photographs of the Residence and certain damages areas are attached as Attachment B. Photographs 1-5 show a representative sample of damage to the north and east facing walls and roof. Photographs 6-10 show close-ups of several of those damaged areas. IV. GENERAL PROPERTY AND DAMAGE DESCRIPTION The Residence is a wood-framed three-story duplex built in 1983. Residence was constructed on a shallow monolithic foundation and has exterior decks and balconies. The roof is a flat roof configuration with a built-up roof system. The southern half of the duplex, 196 Poinsettia Street, is owned by Andrew Stelzmann. The overall condition of the subject structure is mixed. The southern half of the duplex is in good shape and is maintained as well as possible given the condition of the Residence.The Residence is in very poor shape.The north and east facing walls of the Residence are in imminent failure(Pictures 1- 5), with walls visibly buckling on the second and third levels near the northeast corner (Picture 8). The second and third level floor systems at the northeast end have failed. Joists are exposed, rotten and in active failure (Picture 7, 10). Light is visible through the soffit overhang at the roof system, 3010 3"d Street South,Suite C•Jacksonville Beach,FL 32250.904-241-8010 3 AGC Alexander Grace Consulting, Inc. indicating the roofing system and the decking is deteriorated and disintegrating(Picture 6, 9). We did not have access to the roof while on site. The two units share a bearing wall where the stairs are that is about 18' long. Mr.Stelzmann indicates this wall is built of 2x4 studs staggered at 16" centers, bearing on a 2x6 plate, giving the studs a "zipper"look in plan view. Between the site visit and the writing of this report, Ms. Corselli communicated with AGC that the building has shifted,and additional joists are hanging below(noted above)and that the wall is bowing out further.Ms.Corselli also expressed concerns that if the corner gives,the structure could collapse. V. CONCLUSIONS Based on the above-described inspection,the following conclusions were reached by Engineer: • The damage to the Residence appears to have been caused by rainwater infiltration at the roof, seeping into the wall structures over a period, causing extensive wood rot in the northeast corner wall and floor systems. Due to this damage, the Residence is in imminent failure. It is not a matter of if,but when. • The damage to the northeast corner is severe enough that the Residence is in imminent failure. Further, when the northeast corner does fail, we believe the resulting pull on the shared bearing wall has the potential to significantly damage Mr. Stelzmann's unit. The floor systems for both units bear on this share bearing wall. Should this wall become compromised, the entire structure would collapse. As soon as is physically possible, a qualified contractor should enter the Residence and install temporary shoring in order to stabilize the structure until plans are generated that allow for demolishing the Residence while saving Mr. Stelzmann's unit. Until such time as that scope can be completed, it is our recommendation that Mr. Stelzmann vacate his property. • It is AGC's position that Mr. Stelzmann's unit can be saved.To do such,AGC will, under separate contract,provided structural calculations and details for construction to: o Reinforce the shared wall between the units o Strengthen the lateral resisting systems of the remaining structure for the current wind loading conditions required by the 2017 Florida Building Code and the Atlantic Beach Building Department.This may include,but not be limited to,adding shear walls and associated foundations to the existing structure. 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250.904-241-8010 4 AGO Alexander Grace Consulting, Inc. VI. DISCLAIMER This report is based on information available to Engineer at the time this report was prepared. Engineer's observations were limited to a review of readily and visually available aspects of the condition of existing structures and representations made by Brookstone Management. If additional information is presented to or discovered by Engineer, Engineer reserves the right to review and, in Engineer's sole discretion,revise this report and its conclusions considering new information. Respectfully submitted, • Geoffrey W.Gartner,PE License No. 59328 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250•904-241-8010 5 1 AGO Alexander Grace Consulting, Inc. ATTACHMENT A PROPERTY CARD 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250.904-241-8010 6 8/15/2019 Property Appraiser-Property Details ' STELZMANN ANDREW A+ Primary Site Address Official Record Book/Page Tile# 196 POINSETTIA ST 196 POINSETTIA ST 14049-00445 9416 ATLANTIC BEACH,FL 32233 Atlantic Beach FL 32233 196 POINSETTIA ST Property Detail Value Summary RE# 170636-0500 Value Description 2018 Certified_2019 In Progress_ Tax District USD3 Value Method CAMA CAMA Property Use 0100 Single Family Total Building Value $94,585.00 $86,195.00 #of Buildings 1 Extra Feature Value $928.00 $955.00 For full legal description see Land Value(Market) $129,500.00 $140,000.00 Legal Desc. Land&Legal section below Land Value(Agric.) $0.00 $0.00 Subdivision 03115 SALTAIR SEC 03 lust(Market)Value $225,013.00 $227,150.00 Total Area 2507 Assessed Value $157,713.00 $160,709.00 The sale of this property may result in higher property taxes.For more information go to Save Cap Diff/Portability Amt $67,300.00/$0.00 $66,441.00/$0.00 Our Homes and our Property Tax Estimator.'In Progress'property values,exemptions and Exemptions $50,000.00 See below other supporting information on this page are part of the working tax roll and are subject to change.Certified values listed in the Value Summary are those certified in October,but may Taxable Value $107,713.00 See below include any offidal changes made after certification Learn how the Property Appraiser's Office values property, Taxable Values and Exemptions—In Progress If there are no exemptions applicable to a taxing authority,the Taxable Value is the same as the Assessed Value listed above in the Value Summary box. County/Municipal Taxable Value SJRWMD/FIND Taxable Value School Taxable Value Assessed Value $160,709.00 Assessed Value $160,709.00 Assessed Value $160,709.00 Homestead(HX) -$25,000.00 Homestead(HX) -$25,000.00 Homestead(HX) -$25,000.00 Homestead Banding 196.031(1)(b)(HB) -$25,000.00 Homestead Banding 196.031(1)(b)(HB) -$25,000.00 Taxable Value $135,709.00 Taxable Value $110,709.00 Taxable Value $110,709.00 + Sales History Book/Page I Sale Date I Sale Price I Deed Instrument Type Code I Qualified/Unqualified I Vacant/Improved 14049-00445 6/18/2007 $180,000.00 WD-Warranty Deed Unqualified Improved 13526-01745 9/15/2006 $53,400.00 QC-Quit Claim Unqualified Improved 12045-00919 9/15/2004 $205,000.00 WI)-Warranty Deed Qualified Improved 10473-00647 4/30/2002 $135,000.00 WD-Warranty Deed Qualified Improved 09648-01827 6/2/2000 $90,000.00 WD-Warranty Deed Qualified Improved 08194-00598 7/31/1990 $127.00 QC-Quit Claim Unqualified Improved 06356-00937 6/26/1987 $72,500.00 WD-Warranty Deed Unqualified Improved 05714-01942 10/21/1983 $52,000.00 WD-Warranty Deed Unqualified Improved 05535-01374 6/9/1982 $13,500.00 WD-Warranty Deed Unqualified Vacant 05528-02120 6/14/1982 $100.00 WD-Warranty Deed Unqualified Improved 04527-01186 4/28/1977 $7,000.00 WD-Warranty Deed Unqualified Improved + Extra Features I LN I Feature Code I Feature Description I Bldg. I Length I Width I Total Units I Value I 11 I FPPR7 I Fireplace Prefab 11 10 10 12.00 I$955.00 + Land&Legal Land Legal I LN I Code I Use Description I Zoning Front Depth I Category Land Units Land Type Land Value I LN I Legal Description I 11 10101 I RES MD 8-19 UNITS PER AC I ARS-2 125.00 1100.00 I Common 11.00 I Lot I$140,000.00 I 1 10-16 16-2S-29E I 2 SALTAIR SEC 3 I 3 S1/2 LOT 684 I + Buildings - Building 1 Building 1 Site Address I Element I Code I Detail 196 POINSETTIA ST Unit Atlantic Beach FL 32233 Exterior Wall 16 6 Vertical Sheet ilio r i r Roof Strutt 1 1 Flat Building Type 0105-TOWNHOUSE Roofing Cover 4 4 Built Up/T&G L, Year Built 1983 Interior Wall 5 5 Drywall Lai] Building Value $86,195.00 Int Flooring 12 12 HardwoodrJInt Flooring 11 11 Cer Clay Tile Type Gross Heated Effective Heating Fuel 4 4 Electric . Area l Area I Area I Heating Type 4 4 Forced-Ducted Finished upper story 1 476 476 452 Air Cond 3 3 Central Balcony 56 0 8 I I I I I https://paopropertysearch.coj.net/Basic/Detail.aspx?RE=1706360500 1/2 A 8/15/2019 Property Appraiser-Property Details Balcony 184 0 28 I I Element I Code I Detail Finished upper476 476 452 Stories 3.000 story 1 Bedrooms 2.000 I Base Area 392 392 392 I Baths 2.000 Finished Open 84 0 25 Rooms/Units 1.000Porch I Total 1668 1344 1357 2018 Notice of Proposed Properly Taxes Notice(TRIM Notice) Taxing District I Assessed Value Exemptions I Taxable Value Last Year I Proposed I Rolled-back Gen Govt Beaches $157,713.00 $50,000.00 $107,713.00 $851.56 $877.99 $823.48 Public Schools:By State Law $157,713.00 $25,000.00 $132,713.00 $548.56 $536.82 $531.02 By Local Board $157,713.00 $25,000.00 $132,713.00 $291.05 $298.34 $281.74 FL Inland Navigation Dist. $157,713.00 $50,000.00 $107,713.00 $3.34 $3.45 $3.25 Atlantic Beach $157,713.00 $50,000.00 $107,713.00 $337.28 $347.75 $325.85 Water Mgmt Dist.SIRWMD $157,713.00 $50,000.00 $107,713.00 $28.46 $27.60 $27.60 Gen Gov Voted $157,713.00 $50,000.00 $107,713.00 $0.00 $0.00 $0.00 . School Board Voted $157,713.00 $25,000.00 $132,713.00 $0.00 $0.00 $0.00 Urban Service Dist3 $157,713.00 $50,000.00 $107,713.00 $0.00 $0.00 $0.00 Totals $2,060.25 $2,091.95 $1,992.94 Description Just Value Assessed Value Exemptions Taxable Value Last Year $202,674.00 $154,470.00 $50,000.00 $104,470.00 Current Year $225,013.00 $157,713.00 $50,000.00 $107,713.00 2018 TRIM Property Record Card(PRC) This PRC reflects property details and values at the time of the original mailing of the Notices of Proposed Property Taxes(TRIM Notices)in August. Property Record Card(PRC) The PRC accessed below reflects property details and values at the time of Tax Roll Certification in October of the year listed. 2018 2017 2016 2015 2014 + •To obtain a historic Property Record Card(PRC)from the Property Appraiser's Office,submit your request here: More Information ontact Us I Parcel Tax Record I GIS Map I Map this property on Google Maps I City Fees Record https://paopropertysearch.coj.net/Basic/Detail.aspx?RE=1706360500 2/2 AGO Alexander Grace Consulting, Inc. ATTACHMENT B PHOTOGRAPHS 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250.904-241-8010 7 AGO Alexander Grace Consulting, Inc. , ..:Ijr_ .i , .:,-......III: 1 .--.., • If •k,� ` i , . - 1 4„.-1%,..- 4. I '` t t , _ii. ,, ,..,„ S , I I 1r,. t WV '�+}�, '471! a! Picture l —View of NE Corner looking south - i °A kill 'f; u� ai` l' ,yd J • Picture 2—View of NE Corner looking southwest 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250•904-241-8010 8 I - , , Alexander Grace Consulting, Inc. _ , . , ,. c, �• y 1= r."- : 1§,`•,b • �E t t 4. _,,ter _ r Picture 3—View of NE Corner looking southwest • r'ilikx i -.,w i. V,t, r i A i �I •-;'' . I { . .4;. ;'. ; a_i , 1 ,,, _. ._: :. r-• a 4 ill r i. w 1. T ' ,- ] ;.!! gkt. I I tki _ Picture 4—View of north wall looking south 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250•904-241-8010 9 AGO Alexander Grace Consulting, Inc. I !I ! I. 'A ,l. `'. ia�Ti '�.- 11'11 , ' i; �•i i!I~ .�. o' \� tiiil,l L. j ' tI ill1 .''.., l' 9i _ ,, n, y} lt � ► r tl 'o,- 1 ---- d _,,r ( " I I +tili f �-- } - H :, v • �I+r1'I,j{.t1 Itl l "tiSf tII } 1,' Picture 5—View of NE Corner looking south • ,Q plie , 4 #. !11.111" 4 ,.. 'g. i , � h1h1 rlhI y Picture 6—View of NW Corner looking southwest 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250•904-241-8010 10 . . . AGO Alexander Grace Consulting, Inc. r __ , - as ' iT 1' a 1. r tiw-t-',. / . . 9 /'< ,, 4, 4 . .,,,,, , i .i.,„, pf,,-, P„ ,, - 4 -,.. ,,.,, . ''.; - //33( y. Sok ( 1j r .4., , , .. ill ' yr i. . . Picture 7—View of second level floor system failing at patio ;4Mr . it,) ti 1 0 { i I i 1 y \1/4,,,t `t`. 0 P'...,- 4 - 'V.-. - -i I \ , 0161to 00 stea; •-.' - 2M r ei i �y.-_ 1. �-i 7-rte , ,,filwi„„Iir ,, „. , , , ,„, Picture 8—View of second level walls buckling above patio 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250•904-241-8010 II . , . AGO Alexander Grace Consulting, Inc. _ -c .-- > �,'" \'. :'ti.a :. °fy ice a wv I ,y.:.;, ;. , .. Ki t,` AiliL � R ` �; F 1 if 1 ; —Z Picture 9—View of light through roof soffit. l.: -.:1"1:-• ... �---max y-'-'.21-:-':-.. _ • -:' - y Ot!*,,,,, A lthit , aa(► 4 Picture 10—View of second level floor system failing at patio 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250•904-241-8010 12 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MEETING ORDER REDUCING FINE/LIEN CITY OF ATLANTIC BEACH, FLORIDA, Petitioner vs. WAYNE DOUGLAS SCOTT, Respondent First Class and Certified Mail Return Receipt 198 POINSETTIA ST Requested:70/7 /60 o 000 (pqQ/ /& ATLANTIC BEACH, FL 32233 Property Address: 198 POINSETTIA ST ATLANTIC BEACH,FL Case Number: 14-00000980 Real Estate Number: 170636 0510 Legal Description: Lot N1/2 Lot 684, Saltair Sec 3 ORDER REDUCING FINE ON CASE NO. 14-00000980 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on July 11,2019, and the Special Magistrate 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. The Respondent owned the property located at 198 Poinsettia Street,Atlantic Beach, Florida, and the property has since been acquired by a lienholder at a foreclosure sale. 2. Notice was sent by Certified Mailing and that Respondent was not present at the hearing. 3. Notification of the violations of the City of Atlantic Beach, were made and served on the Respondent as evidenced in this hearing. 4. The Code Enforcement entered an Order on January 18, 2017 that imposed fines of$250 per day beginning on January 3, 2017. 5. As of February 6, 2019, the fines, interest, and costs exceeded$230,000. 6. The structure at issue is a two-unit townhouse, one unit of which is occupied. The liened premises have deteriorated beyond repair. Due to the continued occupation of one unit, it is not practical for Atlantic Beach to demolish the structure. 7. Numerous parties interested in purchasing the premises have contacted Atlantic Beach regarding the lien it holds on the property. 8. If the lien could be reduced, the property would be purchased and rehabilitated. 9. Staff recommended reduction of the lien to $5,000 to allow for purchase and rehabilitation. CONCLUSIONS OF LAW 10. A reduction of the lien to $5,000 serves the public interest by encouraging the purchase and rehabilitation of the property. 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 City of Atlantic Beach's lien against the above-reference property is reduced to $5,000 and shall remain at$5,000 until such time as it is satisfied. DONE AND ORDERED THIS 21 day of July 2019. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE A ST: • Lori Diaz,Records ,!rk Byf b T. Branham, Special Magistrate Executed this .O day of Ju 2019. STATE OF FLORIDA DUVAL COUNTY PLEASE NOTE: Florida Statutes, Section I,the undersigned cry aClhe for heof within red Dural County,Fiorlda.de hereby mortify the wNtnin and foregoing Is a true and carredoopy of the original as k 162.11, states that an appeal of this order shall appears on record and-lie in the Mee atria Cllr Clerk be filed in circuit court within thirty (30) days of forAllenko Beech.witness my lana and Motel seat of the Cllr of Atlantic Beach.Florida. , this order's execution. thish--day of A i,(. i.CS t 20 X1.411 ✓, � � \i Pi \J jug CITY OF ATLANTIC BEACH ? 800 SEMINOLE ROAD 24. ATLANTIC BEACH,FL 32233 (904)247-5800 ),' CERTIFIED MAIL RETURN RECEIPT REQUESTED • 7018 2290 0001 0116 8220 August 23,2019 UPDATED LETTER OF VIOLATION SENT TO NEW OWNER, AND REFERENCING ENGINEERS REPORT, DATED AUGUST 15,2019. REPORT ATTACHED. Wells Fargo Home Mortgage Attention: REO Asset Recovery MAC: F2303-038 1 Home Campus Des Moines,IA 50328 Brianna Snook Brianna.N.Snook a,wellsfargo.com Real Estate Number: 170636 0510 Case Number: 14-00000980 Location of Violation: 198 POINSETTIA ST, 10-16 21-2S-29E, SALTAIR SEC 3,N1/2 LOT 684 Atlantic Beach,Florida Dear Property Owner: Our records indicate that you are the owner of the above referenced property. Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article H, Section 6-16. VIOLATION(S) IPMC,Section 108.1.1. An unsafe structure is one that is found to be dangerous to the life,health,property, or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment, or is so damaged, decayed, dilapidated,structurally unsafe or of such faulty construction or unstable foundation,that partial or complete collapse is possible. STATE OF FLORIDA DUVAL COUNTY I.the undereh ned City Clerk for the City of Atlantic Beach, Duval County,Florida.do hereby certify the within and foregoing Is a true and correct copy of the origin&as It spears on record and-me in the office of the City pert fcrAtlentc Beach.WRnees my hand and official as of the Cllr°MABentc Beach.Florida, day of Cb Zo City Clerk IPMC,Section 110.1 General. The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure, which in the code official's or owner's authorized agent judgment after reivew is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy,and such that it is unreasonable to repair the structure,to demolish and remove at the owner's option; or where there has been a sessation of normal construction of any structure for a period of more than two years,the code official shall order the owner or owner's authorized agent to demolish and remove such structure,or board up until future repair. Boarding the building up for future repair shall not extend beyone one year, unless approved by the building official. IPMC, Section 110.3 Failure to comply. If the owner of a premises or owner's authorized agent fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed,either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall he a lien upon such real estate. NATURE OF VIOLATION: Based on inspections of the above referenced structure, I find the structure to be so deteriorated and so out of repair as to be dangerous to the public and deteriorated to the point that it is unreasonable to repair the structure.The building has been boarded for 12 months and has continued to decline.Furthermore, this building will be a source of wind-borne debris during high winds, causing Imminent Danger to persons and property beyond the property lines. Due to the degree of deterioration, the threat of collapse, and Imminent Danger to persons and property,I hereby order the immediate demolition and removal of this structure. Additionally, this structure is one half of a two-unit townhome. The other half(196 Poinsettia Street)is separately owned and will not be demolished. The parties responsible for demolishing and removing the structure on 198 Poinsettia Street will be responsible for supporting(both in the short term and long term) and weatherproofing the remaining structure on 196 Poinsettia Street. Short term support of the structure entails temporary shoring and adding wall sheathing to existing walls for the protection of workers and the remaining half of the building, 196 Poinsettia Street, as described in the AGC Engineering Report,Section V. Conclusions, Bullet Points 2 and 3. Long term support entails permanent support and bracing to resist gravity and wind loads, as described in the AGC Engineering Report, Section V. Conclusions,Bullet points 2 and 3. Failure to comply with this notice will result in the City of Atlantic Beach referring this case to the Special Magistrate for imposition of additional fines. These fines shall become payable immediately, and a lien will be recorded upon the property which shall he payable with interest at the rate of ten (10) percent per annum from the date of the certification until paid." Et is your responsibility to contact Atlantic Beach Building Department and arrange for a demolition permit and inspections to verify compliance. IPMC, Section 106.3 Prosecution of violation. - Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with,the code official shall institute the appropriate proceeding at law or in equity to 2 restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. IPMC, Section 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals,provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted,the provisions of this code do not fully apply,or the requirements of this code are adequately satisfied by other means. 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 Building Department at (904) 247-5826 if you have any questions or need additional information. Sincerely, DZS ..%A Cs---s—tp A Dan Arlington, CBO Building Official City of Atlantic Beach (904)247-5813 darlington@coab.us coab.us Attached: AGC Engineering Report, from Geoffrey W. Gartner, PE,dated August 15,2019 cc:Andrew Selzmann Brianna Snook Brianna.N.Snook@wellsfargo.com 3 AGO Alexander Grace Consulting, Inc. REPORT OF FINDINGS Assessed Property • 198 Poinsettia Street • Atlantic Beach, Florida 32233 AGC Number 19-10-0241 Date Assessed September 25, 26 and October 2, 2019 Date of Report October 2, 2019 Prepared for Brianna Snook Wells Fargo Home Mortgage —Premiere Asset Services 3010 3'd Street South,Suite C•Jacksonville Beach,FL 32250•904-241-8010 AGC Alexander Grace Consulting, Inc. TABLE OF CONTENTS Page(s) I. INTRODUCTION 3 II. BASIS OF REPORT 3 III. PROPERTY INFORMATION AND PHOTOGRAPHS 3 IV. GENERAL PROPERTY AND DAMAGE DESCRIPTION 3 V. CONCLUSIONS 4 VI. DISCLAIMER 6 ATTACHMENTS: A.PROPERTY CARD B. PHOTOGRAPHS C.REPORT ON RESIDENCE FROM AUGUST 15,2019 (REPORT I) 3010 3`d Street South,Suite C•Jacksonville Beach,FL 32250•904-241-8010 2 I - GO Alexander Grace Consulting, Inc. I. INTRODUCTION Alexander Grace Consulting, Inc.,was requested by Wells Fargo Home Mortgage,to conduct further investigation of certain damage to the building located at 198 Poinsettia Street,Atlantic Beach,FL 32233 ("Residence").A previous report was prepared on August 15,2019,regarding damage to the Residence.Since then,additional damage has been found on site. The Residence was visited by a representative of Alexander Grace Consulting, Inc., (Engineer) on September 25,26 and October 2,2019. II. BASIS OF REPORT This report is based on the following: • A phone call and email communications with Brianna Snook of Wells Fargo Home Mortgage. • Physical assessment of the structure generally and damaged areas in particular. • Site visits on September 25 with Chris Gloin,September 26 with Dan Arlington of the Atlantic Beach Building Department,and October 2,2019 alone. • Review of information regarding the property and structures obtained from the Duval County Property Appraiser website(http://www.coj.net/departments/property-appraiser.aspx). • Photographs of the Residence generally and damaged areas in particular. III. PROPERTY INFORMATION AND PHOTOGRAPHS Property information for the Residence is included as Attachment A. Photographs of the Residence and certain damages areas are attached as Attachment B. IV. GENERAL PROPERTY AND DAMAGE DESCRIPTION Information from REPORT 1: The Residence is a wood-framed three-story duplex built in 1983. Residence was constructed on a shallow monolithic foundation and has exterior decks and balconies. The roof is a flat roof configuration with a built-up roof system. The southern half of the duplex, 196 Poinsettia Street, is owned by Andrew Stelzmann. The overall condition of the subject structure is mixed.The southern half of the duplex is in good shape and is maintained as well as possible given the condition of the Residence.The Residence is in very poor shape.The north and east facing walls of the Residence are in imminent failure,with walls visibly buckling on the second and third levels near the northeast corner. The second and third level floor systems at the northeast end have failed.Joists are exposed,rotten and in active failure.Light is visible through the soffit overhang at the roof system, indicating the roofing system and the decking is deteriorated and disintegrating.We did not have access to the roof while on site. 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250•904-241-8010 3 AGO Alexander Grace Consulting, Inc. The two units share a bearing wall where the stairs are that is about 18'long.Mr.Stelzmann indicates this wall is built of 2x4 studs staggered at 16"centers,bearing on a 2x6 plate,giving the studs a"zipper" look in plan view. Between the site visit and the writing of this report, Ms. Corselli communicated with AGC that the building has shifted,and additional joists are hanging below(noted above)and that the wall is bowing out further.Ms.Corselli also expressed concerns that if the corner gives,the structure could collapse. Since the writing of Report 1, Hurricane..Dorian passed by Florida's east coast, providing Atlantic Beach, FL, with sustained winds of about 30 mph. After this storm, additional damage was found on the Residence: 1. The second level kitchen window and wall fell to the ground below(Pictures 1-3). 2. The floor system carrying the refrigerator failed completely,and the refrigerator now rests on the first level patio(Pictures 4-5). 3. The third level floor joists, now visible due to the second level wall failure,are clearly rotted and not attached to the north wall at this time. Debris left behind on the third floor is visible (Picture 6). 4. The third level wall above the kitchen is buckling outward at the bottom of the wall(Picture I and 7). 5. The buckling between the second and third level walls indicates the floor systems that we can not see are also failing(Picture. It is reasonable to assume these joists have failed,though we were unable to attain pictures of the actual joists. V. CONCLUSIONS Based on the above-described inspection, we are amending the conclusions from Report 1,which are copied below in italics with the amended conclusions immediately following: • The damage to the Residence appears to have been caused by rainwater infiltration at the roof seeping into the wall structures over a period,causing extensive wood rot in the northeast corner wall and floor systems.Due to this damage,the Residence is in imminent failure. It is not a matter of if, but when. This conclusion stands. • The damage to the northeast corner is severe enough that the Residence is in imminent failure. Further; when the northeast corner does.fail, we believe the resulting pullbearing on the shared wall has the potential to significantly damage Mr. Stelzmann's unit. The floor systems for both units bear on this share bearing wall.Should this wall become compromised, the entire structure would collapse.As soon as is physically possible,a qualified contractor should enter the Residence and install temporary shoring in order to stabilize the structure until plans are generated that allow for demolishing the Residence while saving Mr. Stelzmann's unit. Until such time as that scope can be completed, it is our recommendation that Mr. Stelzmann vacate his property. This conclusion stands. • It is AGC's position that Mr. Stelzmann's unit can be saved To do such,AGC will, under separate contract,provided structural calculations and details for construction to: o Reinforce the shared wall between the units o Strengthen the lateral resisting systems of the remaining structure for the current wind loading conditions required by the 2017 Florida Building Code and the Atlantic Beach 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250•904-241-8010 4 AGC Alexander Grace Consulting, Inc. Building Department. This may include, but not be limited to, adding shear walls and associated foundations to the existing structure. We believe this conclusion must be amended. While we do believe any structure could be rehabilitated,it is cost prohibitive to do so in some cases.According to the 2017 Florida Building Code, Existing Building Edition,the following is the definition of Repair: 606.2.1 Repairs for less than substantial structural damage. For damage less than substantial structural damage,the damaged elements shall be permitted to be restored to their pre-damaged condition. SUBSTANTIAL STRUCTURAL DAMAGE.A condition where: 1. In any story,the elements of the lateral force-resisting system have suffered damage such that the lateral load-carrying capacity of the structure in any horizontal direction has been reduced by more than 20 percent from its pre-damaged condition;or 2. The capacity of any vertical load-carrying component,or any group of such components, that supports more than 30 percent of the total area of the structure's floor(s)and roof(s) has been reduced more than 20 percent from its pre-damaged condition and the remaining capacity of such affected elements,with respect to all dead and live loads,is less than 75 percent of that required by the Florida Building Code,Building for new buildings of similar structure,purpose and location This structure has sustained substantial structural damage as defined above. Specifically, as the northeast half of Unit 198 requires complete demolition and replacement, it follows that 25% of the entire Residence is damaged, and therefore the 20% requirement of Condition#1 above is exceeded, and thus can not be repaired to its original condition. The entire building must come up to current Florida Building Code for all gravity and hurricane loads applicable for Atlantic Beach jurisdiction. It is not possible to tear down and rebuild half of the building without also performing structural improvements to Mr. Stelzmann's residence. As such, AGC recommends that this building be demolished completely and rebuilt to current code requirements. Lastly, whatever action is decided, it must be taken quickly. A 30mph wind took out a wall and a refrigerator. A strong nor'easter is likely to bring the northeast side of the building down, if not the entire northern half and most of Mr. Stelzmann's unit as well. We recommend action be taken immediately;do not delay. 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250.904-241-8010 5 AGO Alexander Grace Consulting, Inc. VI. DISCLAIMER This report is based on information available to Engineer at the time this report was prepared. Engineer's observations were limited to a review of readily and visually available aspects of the condition of existing structures. If additional information is presented to or discovered by Engineer, Engineer reserves the right to review and, in Engineer's sole discretion, revise this report and its conclusions considering new information. Respectfully submitted, Geoffrey W.Gartner,PE License No. 59328 • 3010 3'dI Street South,Suite C•Jacksonville Reach,FL 32250.904-241-8010 6 AGO Alexander Grace Consulting, Inc. ATTACHMENT A PROPERTY CARD 3010 3'd Street South,Suite C•Jacksonville Beach,FL 32250.904-241-8010 7 8/15/2019 Property Appraiser-Property Details + STELZMANN ANDREW A Primary Site Address Official Record Book/Page Tile# 196 POINSETTIA ST 196 POINSETTIA ST 14049-00445 9416 ATLANTIC BEACH,FL 32233 Atlantic Beach FL 32233 196 POINSETTIA ST Property Detail Value Summary RE# 170636-0500 Value Description 2018 Certified 2019 In Progress Tax District USD3 Value Method CAMA CAMA Property Use 0100 Single Family Total Building Value $94,585.00 $86,195.00 #of Buildings 1 Extra Feature Value $928.00 $955.00 For full legal description see Land Value(Market) $129,500.00 $140,000.00 Legal Desc. Land&Legal section below Land Value(Agtc.) $0.00 $0.00 Subdivision 03115 SALTAIR SEC 03 _ Just(Market)Value $225,013.00 $227,150.00 Total Area 2507 Assessed Value $157,713.00 $160,709.00 The sale of this property may result in higher property taxes.For more Information go to Save Cap Diff/Portability Amt $67,300.00/$0.00 $66,441.00/$0.00 Our Homes and our Proper Tax Estimator.'In Progress'property values,exemptions and Exemptions $50,000.00 See below other supporting information on this page are part of the working tax roll and are subject to change.Certified values listed in the Value Summary are those certified in October,but may Taxable Value $107,713.00 See below include any official changes made after certification Learn how the Property Appraiser's Office values property, Taxable Values and Exemptions—In Progress If there are no exemptions applicable to a taxing authority,the Taxable Value is the same as the Assessed Value listed above in the Value Summary box. County/Municipal Taxable Value SJRWMD/FIND Taxable Value School Taxable Value Assessed Value $160,709.00 Assessed Value $160,709.00 Assessed Value $160,709.00 Homestead(HX) -$25,000.00 Homestead(HX) -$25,000.00 Homestead(HX) -$25,000.00 Homestead Banding 196.031(1)(b)(HB) -$25,000.00 Homestead Banding 196.031(1)(b)(HB) -$25,000.00 Taxable Value $135,709.00 Taxable Value $110,709.00 Taxable Value $110,709.00 + Sales History Book/Page I Sale Date I Sale Price I Deed Instrument Type Code I Qualified/Unqualified I Vacant/Improved 14049-00445 6/18/2007 $180,000.00 WD-Warranty Deed Unqualified Improved 13526-01745 9/15/2006 $53,400.00 QC-Quit Claim Unqualified Improved 12045-00919 9/15/2004 $205,000.00 WD-Warranty Deed Qualified Improved 10473-00647 4/30/2002 $135,000.00 WD-Warranty Deed Qualified Improved 09648-01827 6/2/2000 $90,000.00 WD-Warranty Deed Qualified Improved 08194-00598 7/31/1990 $127.00 QC-Quit Claim Unqualified Improved 06356-00937 6/26/1987 $72,500.00 WD-Warranty Deed Unqualified Improved 05714-01942 10/21/1983 $52,000.00 WD-Warranty Deed Unqualified Improved 05535-01374 6/9/1982 $13,500.00 WD-Warranty Deed Unqualified Vacant 05528-02120 6/14/1982 $100.00 WD-Warranty Deed Unqualified Improved 04527-01186 4/28/1977 $7,000.00 WD-Warranty Deed Unqualified Improved + Extra Features I LN I Feature Code I Feature Description I Bldg. I Length I Width I Total Units I Value l 11 I FPPR7 I Fireplace Prefab 11 0 10 12.00 I$955.00 I + Land&Legal Land Legal LN I Code I Use Description I Zoning I Front I Depth I Category I Land Units I Land Type I Land Value I I.LN Legal Description I 1 10101 I RES MD 8-19 UNITS PER ACI ARS-2 125.00 1100.00 I Common 11.00 I Lot I$140,000.00 I 1 10-16 16-2S-29E 2 SALTAIR SEC 3 I 3 S1/2 LOT 684 I + Buildings Building 1 Building 1 Site Address Element Code Detail 196 POINSETTIA ST Unitr� r� Atlantic Beach FL 32233 Exterior Wall 6 6 Vertical Sheet i------i lI I _ — J Roof Struct 1 1 Flat I I Building Type 0105-TOWNHOUSE RoofingtBuilt 4 4 Built Up/T&G Year Built 1983 Interior Wall 5 5 Drywall I °r I I Building Value $86,195.00 Int Flooring 12 12 Hardwood L J L—1 Int Flooring 11 11 Cer Clay Tile ` ;_w� Type Gross Heated Effective Heating Fuel 4 4 Electric • null Area Area Area Heating Type 4 4 Forced-Ducted Lr Finished upper 476 476 452 Air Cond 3 3 Central story 1 — Balcony 56 0 8 I I I https://paopropertysearch.coj.net/Basic/Detail.aspx?RE=1706360500 1/2 8/15/2019 Property Appraiser-Property Details Balcony 184 0 28 I I Element I Code Detail Finished upper 476 476 452 Stories 3.000 story 1 Bedrooms 2.000 Base Area 392 392 392 I Baths 2.000 Finished Open 84 0 25 Rooms/Units 1.000 Porch Total 1668 1344 1357 2018 Notice of Proposed Property Taxes Notice(TRIM Notice) Taxing District I Assessed Value I Exemptions I Taxable Value I Last Year I Proposed I Rolled-back Gen Govt Beaches $157,713.00 $50,000.00 $107,713.00 $851.56 $877.99 $823.48 Public Schools:By State Law $157,713.00 $25,000.00 $132,713.00 $548.56 $536.82 $531.02 By Local Board $157,713.00 $25,000.00 $132,713.00 $291.05 $298.34 $281.74 FL Inland Navigation Dist. $157,713.00 $50,000.00 $107,713.00 $3.34 $3.45 $3.25 Atlantic Beach $157,713.00 $50,000.00 $107,713.00 $337.28 $347.75 $325.85 Water Mgmt Dist.S)RWMD $157,713.00 $50,000.00 $107,713.00 $28.46 $27.60 $27.60 Gen Gov Voted $157,713.00 $50,000.00 $107,713.00 $0.00 $0.00 $0.00 School Board Voted $157,713.00 $25,000.00 $132,713.00 $0.00 $0.00 $0.00 Urban Service Dist3 $157,713.00 $50,000.00 $107,713.00 $0.00 $0.00 $0.00 Totals $2,060.25 $2,091.95 $1,992.94 Description lust Value Assessed Value Exemptions Taxable Value Last Year $202,674.00 $154,470.00 $50,000.00 $104,470.00 Current Year $225,013.00 $157,713.00 $50,000.00 $107,713.00 2018 TRIM Property Record Card(PRC) This PRC reflects property details and values at the time of the original mailing of the Notices of Proposed Property Taxes(TRIM Notices)in August. Property Record Card(PRC) The PRC accessed below reflects property details and values at the time of Tax Roll Certification in October of the year listed. 2018 2017 2016 2015 2014 •To obtain a historic Property Record Card(PRC)from the Property Appraiser's Office,submit your request here: More Information ontact Us I Parcel Tax Record I GIS Map I Map this property on Google Maps I City Fees Record https://paopropertysearch.coj.net/Basic/Detail.aspx?RE=1706360500 2/2 AGO Alexander Grace Consulting, Inc. ATTACHMENT B PHOTOGRAPHS 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250•904-241-8010 8 AGO Alexander Grace Consulting, Inc. -,. - . 4.zr Y v J rq, Y ?7,t-' i �- ` Fr 11: : ',4c1,A.'_ " • r h .•, I,* „ . A N'; ;V, ,..\\ -,‘;\ .\\'‘:',. �,� . ._ • . Picture 1 —Second Level Kitchen Window and Wall eh* .., S� gt - r r• :I:;'( X3 :.,: •:.'':- . 77..": 1,v' ''',,/ ' - fi ,...0 .- \ \ q,, yJ K s :c' 1 \ Y ,. c -;, - •,/,-/''''' - 40 ', - '''' ---....„..,......./444. :-rrj Picture 2—Kitchen Window 3010 3rd Street South,Suite C•Jacksonville Beach,Fl.32250•904-241-8010 9 , AGO Alexander Grace Consulting, Inc. y, c ,'sti '� .,,-, it i '1[ 1 a V v ''''r 1 ;til .....' Picture 3—View of Failed Kitchen Wall 4tFt FFF"�++ . ,:. ._4, • / ...Ay, 1 , _Ai :. iIe :/ r . . '' - \. stf 1 r �` .3 / d, .! r, • Picture 4— Floor Failure and Refrigerator on the Ground 3010 3'd Street South.Suite C•Jacksonville Beach,FL 32250•904-241-8010 10 AGO Alexander Grace Consulting, Inc. rtf ' I ,t'41.11.4: i c • p ..4 ,\ • L; to L ilittl 10 !,' f Picture 5—View of Failed Kitchen Floor --+J \ \ 1 P a . 4144, ;moi •/4:y ... y fr r , i ilk ., , -- ..4)/ Picture 6—View of Third Level Floor Failure 3010 3nd Street South,Suite C•Jacksonville Beach,FL 32250•904-241-8010 11 , AGO Alexander Grace Consulting, Inc. '�.�.�v,31a+a "JAL Lst._ � , t • r . „1: S r ± xV \ \ ; . ...\\ Picture 7—View of second level floor system failing at patio y ....44 -.. -6 _.,..4„,..,,,t41_____ Ick X�y' a .. _L� • a, r. 0_ 7+ ��., IPP! l Iy ' eF ' '''' f i f - ..e,":143/71kt \-------iC - ilit , A\\ \\. 5. i I it %fir,im.... .7„,,,....z, .. A \\ i 'it \, \ \. ' j i i � rf v \ \ Picture 8—View of Buckling Floor Between Second and Third Level 3010 3`d Street South,Suite C•Jacksonville Beach,FL 32250•904-241-8010 12 AGO Alexander Grace Consulting, Inc. • v \.\\ • A \\\ \ / Picture 9- VICNN of Buckling Floor Between Second and Third Level. 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250•904-241-8010 13 AGC Alexander Grace Consulting. Inc. a<• fid i ',I is \ ,, h, _ _ . _ ,., , , I I, , i// i \ \ , \ , \ \ \ , \ \ , \ ., 1 \ \\, , \\\ .. ,://,' / i _ L. L\ \\ \ts ,,,,011 i , 1 1 _ g'it: ,4 , 11IiiT 1 , 1 + (1 Ili , , tits 4., , ' j 414‘r, , • ,.w- i` 1 y Picture 10—View of second level floor system failing at patio 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250.904-241-8010 14 AGO Alexander Grace Consulting, Inc. ATTACHMENT C REPORT ON RESIDENCE FROM AUGUST 15,2019 • 3010 3`d Street South,Suite C•Jacksonville Beach,FL 32250.904-241-8010 15 AGO REPORT 1 Alexander Grace Consulting, Inc. REPORT OF FINDINGS Assessed Property • 198 Poinsettia Street • Atlantic Beach, Florida 32233 AGC Number 19-10-0241 Date Assessed August 7, 2019 Date of Report August 15, 2019 Prepared for Breanne Corselli Brookstone Management Group 3010 3"d Street South,Suite C•Jacksonville Beach,FL 32250•904-241-%0I0 AGCREPORT 1 Alexander Grace Consulting, Inc. TABLE OF CONTENTS Page(s) I. INTRODUCTION 3 II. BASIS OF REPORT 3 III. ASSESSMENT AND PHOTOGRAPHS 3 IV. GENERAL PROPERTY AND DAMAGE DESCRIPTION 3 V. CONCLUSIONS 4 VI. DISCLAIMER 5 ATTACHMENTS: A.PROPERTY CARD B. PHOTOGRAPHS 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250.904-241-8010 2 AGC IREPORTI Alexander Grace Consulting, Inc. I. INTRODUCTION Alexander Grace Consulting, Inc.,was requested by Brookstone Management,to conduct an investigation of certain damage to the building located at 198 Poinsettia Street,Atlantic Beach,FL 32233 ("Residence").The type of damage reported by Brookstone Management,in connection with this report was water damage that has caused significant wood rot in multiple levels of the Residence. The Residence was visited by a representative of Alexander Grace Consulting, Inc., (Engineer) on August 8,2019. II. BASIS OF REPORT This report is based on the following: • A phone call with Breanne Corselli of Brookstone Management. • Physical assessment of the structure generally and damaged areas in particular. • A site visit with representatives of the Atlantic Beach Building Department on August 8, 2019. • Review of information regarding the property and structures obtained from the Duval County Property Appraiser website(http://www.coj.netldepartments/property-appraiser.aspx). • Photographs of the Residence generally and damaged areas in particular. III. ASSESSMENT AND PHOTOGRAPHS Property information for the Residence is included as Attachment A. Photographs of the Residence and certain damages areas are attached as Attachment B. Photographs 1-5 show a representative sample of damage to the north and east facing walls and roof. Photographs 6-10 show close-ups of several of those damaged areas. IV. GENERAL PROPERTY AND DAMAGE DESCRIPTION The Residence is a wood-framed three-story duplex built in 1983. Residence was constructed on a shallow monolithic foundation and has exterior decks and balconies. The roof is a flat roof configuration with a built-up roof system. The southern half of the duplex, 196 Poinsettia Street, is owned by Andrew Stelzmann. The overall condition of the subject structure is mixed. The southern half of the duplex is in good shape and is maintained as well as possible given the condition of the Residence.The Residence is in very poor shape.The north and east facing walls of the Residence are in imminent failure(Pictures 1- 5), with walls visibly buckling on the second and third levels near the northeast corner (Picture 8). The second and third level floor systems at the northeast end have failed. Joists are exposed, rotten and in active failure (Picture 7, 10). Light is visible through the soffit overhang at the roof system, 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250.904-241-8010 3 AGC REPORT 1 Alexander Grace Consulting,Inc. indicating the roofing system and the decking is deteriorated and disintegrating(Picture 6, 9). We did not have access to the roof while on site. The two units share a bearing wall where the stairs are that is about 18' long. Mr. Stelzmann indicates this wall is built of 2x4 studs staggered at 16" centers, bearing on a 2x6 plate, giving the studs a "zipper"look in plan view. Between the site visit and the writing of this report, Ms. Corselli communicated with AGC that the building has shifted,and additional joists are hanging below(noted above)and that the wall is bowing out further.Ms.Corselli also expressed concerns that if the corner gives,the structure could collapse. V. CONCLUSIONS Based on the above-described inspection,the following conclusions were reached by Engineer: • The damage to the Residence appears to have been caused by rainwater infiltration at the roof, seeping into the wall structures over a period, causing extensive wood rot in the northeast corner wall and floor systems. Due to this damage, the Residence is in imminent failure. It is not a matter of if,but when. • The damage to the northeast corner is severe enough that the Residence is in imminent failure. Further, when the northeast corner does fail, we believe the resulting pull on the shared bearing wall has the potential to significantly damage Mr. Stelzmann's unit.The floor systems for both units bear on this share bearing wall.Should this wall become compromised, the entire structure would collapse. As soon as is physically possible, a qualified contractor should enter the Residence and install temporary shoring in order to stabilize the structure until plans are generated that allow for demolishing the Residence while saving Mr. Stelzmann's unit. Until such time as that scope can be completed, it is our recommendation that Mr. Stelzmann vacate his property. • It is AGC's position that Mr. Stelzmann's unit can be saved.To do such,AGC will,under separate contract,provided structural calculations and details for construction to: o Reinforce the shared wall between the units o Strengthen the lateral resisting systems of the remaining structure for the current wind loading conditions required by the 2017 Florida Building Code and the Atlantic Beach Building Department.This may include,but not be limited to,adding shear walls and associated foundations to the existing structure. 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250.904-241-8010 4 AGO REPORT 1 Alexander Grace Consulting, Inc. VI. DISCLAIMER This report is based on information available to Engineer at the time this report was prepared. Engineer's observations were limited to a review of readily and visually available aspects of the condition of existing structures and representations made by Brookstone Management. If additional information is presented to or discovered by Engineer, Engineer reserves the right to review and, in Engineer's sole discretion,revise this report and its conclusions considering new information. .Respectfully submitted, . Geoffrey W.Gartner,PE License No. 59328 3010 3rd Street South,Suite C•Jacksonville Beach,FL 32250.904-241-8010 5 AGO REPORT 1 Alexander Grace Consulting, Inc. ATTACHMENT A PROPERTY CARD 3010 3`d Street South.Suite('•Jacksonville Beach,FL 32250•904-241-8010 6 8/15/2019 Property Appraiser-Property Details STELZMANN ANDREW A+ Primary Site Address Official Record Book/Page Tile#, 196 POINSETTIA ST 196 POINSETTIA ST 14049-00445 g 9416 ATLANTIC BEACH,FL 32233 Atlantic Beach FL 32233 R E P O RT 1 196 POINSETTIA ST Property Detail _ Value Summary RE# 170636-0500 Value Description 12018 Certified 2019 In Progress Tax District USD3 Value Method CAMA CAMA Property Use 0100 Single Family Total Building Value $94,585.00 $86,195.00 #of Buildings 1 Extra Feature Value $928.00 $955.00 For full legal description see Land Value(Market) $129,500.00 $140,000.00 Legal Desc. Land&Legal section below Land Value(Agric.) $0.00 $0.00 Subdivision 03115 SALTAIR SEC 03 Just(Market)Value $225,013.00 $227,150.00 Total Area 2507 Assessed Value $157,713.00 $160,709.00 The sale of this property may result in higher property taxes.For more information go to Save Cap Diff/Portability Amt $67,300.00/$0.00 $66,441.00/$0.00 Our Homes and our Property Tax Estimator.'In Progress'property values,exemptions and Exemptions $50,000.00 See below other supporting information on this page are part of the working tax roll and are subject to -- change.Certified values listed in the Value Summary are those certified in October,but may Taxable Value $107,713.00 See below include any official changes made after certification Learn how the Property Appraiser's Office values property. Taxable Values and Exemptions—In Progress+ If there are no exemptions applicable to a taxing authority,the Taxable Value is the same as the Assessed Value listed above in the Value Summary box. County/Municipal Taxable Value SJRWMD/FIND Taxable Value School Taxable Value Assessed Value $160,709.00 Assessed Value $160,709.00 Assessed Value $160,709.00 Homestead(HX) -$25,000.00 Homestead(HX) -$25,000.00 Homestead(HX) -$25,000.00 Homestead Banding 196.031(1)(b)(HB) -$25,000.00 Homestead Banding 196.031(1)(b)(HB) -$25,000.00 Taxable Value $135,709.00 Taxable Value $110,709.00 Taxable Value $110,709.00 + Sales History Book/Page I Sale Date I Sale Price Deed Instrument Type Code I Qualified/Unqualified I Vacant/Improved 14049-00445 6/18/2007 $180,000.00 WD-Warranty Deed Unqualified Improved 13526-01745 9/15/2006 $53,400.00 QC-Quit Claim Unqualified Improved 12045-00919 9/15/2004 $205,000.00 WD-Warranty Deed Qualified Improved 10473-00647 4/30/2002 $135,000.00 WD-Warranty Deed Qualified Improved 09648-01827 6/2/2000 $90,000.00 WD-Warranty Deed Qualified Improved 08194-00598 7/31/1990 $127.00 QC-Quit Claim Unqualified Improved 06356-00937 6/26/1987 $72,500.00 WD-Warranty Deed Unqualified Improved 05714-01942 10/21/1983 $52,000.00 WD-Warranty Deed Unqualified Improved 05535-01374 6/9/1982 $13,500.00 WD-Warranty Deed Unqualified Vacant 05528-02120 6/14/1982 $100.00 WD-Warranty Deed Unqualified Improved 04527-01186 4/28/1977 $7,000.00 WD-Warranty Deed Unqualified Improved + Extra Features I LN I Feature Code I Feature Description I Bldg. I Length I Width I Total Units I Value 11 I FPPR7 I Fireplace Prefab 11 10 10 12.00 I$955.00 + Land&Legal Land Legal I LN I Code I Use Description I Zoning I Front I Depth I Category I Land Units I Land Type I Land Value I I LN I Legal Description I 11 10101 I RES MD 8-19 UNITS PER AC I ARS-2 125.00 1100.00 I Common 11.00 I Lot I$140,000.00 I 1 10-16 16-2S-29E I 2 SALTAIR SEC 3 I 3 51/2 LOT 684 I + Buildings Building 1 Building 1 Site Address Element I Code I Detail 196 POINSETTIA ST Unit Atlantic ri ri Atlantic Beach FL 32233 Exterior Wall 6 6 Vertical Sheet rp.i Roof Struct 1 1 Flat Building Type 0105-TOWNHOUSE Roofing Cover 4 4 Built Up/T&G YearilBuilt l 19838 _ InteriorFlooring oingll 5 5 Drywall �°�� 1---r- I Building Value $86,195.00 Int Flooring 12 12 Hardwood J Ili--III Int Flooring 11 11 Cer Clay Tile i—.-1 i_P"__; (TYRe Gross Heated Effective Heating Fuel 4 4 Electric • w 1 — Area Area I Area I Heating Type 4 4 Forced-Ducted L t Finished upper 476 476 452 I Air Cond 3 3 Central story 1 —--— Balcony 56 0 8 I I 1 I https://paopropertysearch.coj.net/Basic/Detail.aspx?RE=1706360500 1/2 8/15/2019 Property Appraiser-Property Details Balcony 184 0 28 I I Element I Code I Detail Finished upper 476 476 452 IBe story 1 Bedrooms 2.000 i REPORT 1 Base Area 392 392 392 I Baths 2.000 Finished Open 84 0 25 Rooms/Units 1.000 Porch Total 1668 1344 1357 2018 Notice of Proposed Property Taxes Notice(TRIM Notice) Taxing District I Assessed Value Exemptions I Taxable Value I Last Year I Proposed I Rolled-back Gen Govt Beaches $157,713.00 $50,000.00 $107,713.00 $851.56 $877.99 $823.48 Public Schools:By State Law $157,713.00 $25,000.00 $132,713.00 $548.56 $536.82 $531.02 By Local Board $157,713.00 $25,000.00 $132,713.00 $291.05 $298.34 $281.74 FL Inland Navigation Dist. $157,713.00 $50,000.00 $107,713.00 $3.34 $3.45 $3.25 Atlantic Beach $157,713.00 $50,000.00 $107,713.00 $337.28 $347.75 $325.85 Water Mgmt Dist.SIRWMD $157,713.00 $50,000.00 $107,713.00 $28.46 $27.60 $27.60 Gen Gov Voted $157,713.00 $50,000.00 $107,713.00 $0.00 $0.00 $0.00 School Board Voted $157,713.00 $25,000.00 $132,713.00 $0.00 $0.00 $0.00 Urban Service Dist3 $157,713.00 $50,000.00 $107,713.00 $0.00 $0.00 $0.00 Totals $2,060.25 $2,091.95 $1,992.94 Description 3ust Value Assessed Value Exemptions Taxable Value Last Year $202,674.00 $154,470.00 $50,000.00 $104,470.00 Current Year $225,013.00 $157,713.00 $50,000.00 $107,713.00 2018 TRIM Property Record Card(PRC) This PRC reflects property details and values at the time of the original mailing of the Notices of Proposed Property Taxes(TRIM Notices)in August. Property Record Card(PRC) The PRC accessed below reflects property details and values at the time of Tax Roll Certification in October of the year listed. 2018 2017 2016 2015 2014 + •To obtain a historic Property Record Card(PRC)from the Property Appraiser's Office,submit your request here: More Information ontact Us I Parcel Tax Record I GIS Map I Map this property on Google Maps I city Fees Record 6 ill https://paopropertysearch.coj.net/Basic/Detail.aspx?RE=1706360500 2/2 • AGC REPORT 1 Alexander Grace Consulting, Inc. ATTACHMENT B PHOTOGRAPHS 3010 3rd Street South,Suite C•Jacksonville Beach.F1,32250•904-241-8010 7 1 AGC REPORT 1 Alexander Grace Cf. onsulting, Inc. a �e cif "t�� . r ; Ir �i w' F ,8 I j Ili — vc 1 lll'� i 'I alp; ' t. ! _ 1 't , ltt l'1,\'!+lf `` I �, ' 1 11i''` �f/j 0-An i'fi �m,®ac,. '. 11lli'1I6F if i s I W-I Ik,'`1 I'.'1 a 6 Iv f t2 sI j -- Picture 1 —View of NE Corner looking south '' ec lir 0 `k7 t� t' Itt. . • i'{ WC- " Ili+ sir? , 1 yt , r f t - k Picture 2—View of NE Corner looking southwest 3010 3"I Street South,Suite C•Jacksonville Beach,12L 32250•904-241-8010 8 AGO REPORT 1 Alexander Grace Consulting, Inc. .- 4.„, Ka A1, i , ti mit ' vox`k,,6 A I IV Picture 3—View of NE Corner looking southwest ; �, a .: . , 55: •}~ k. . t q AA 1 Y c; i, •, r' ..4k#Ohio" ,1 .fir 4 lai f I 11 111 JJ44; 11„...1 4:4' . ' i` :. 1:,.11;‘,.;...,:.„!,.ri_'i _ \ i - reimilr ._ ; 1 k Picture 4—View of north wall looking south 0 IS 3010 3"1 Street South.Suite C•Jacksonville Beach,Fl.32250•904-241-8010 9 0 AGC REPORT ii Alexander Grace Consulting, Inc. . , 111 ' ' All i• 111l il If h/u . I j 6' , .;1.•,.3/4.41ttikii'b i.4.' -• Ti-1.;1111tal'ilik k t ••ti tt,'I • t • ' ' __ t 1:.' -' '1:1 -: s : ''' -1i, 2 j,.......,-' •--rt, ,i,, 1 N 4 , _.;•.1,. 1 1 li 1 11111' k.-_'. ---,,+_)? , —r• . . Illit' o..L.41"3:"Z 4 ....1____/ • * .,, .,i,-`‘,--- ., .1,',' 1 ,I ', ',,, , , \61',eir---, 1 -----. a ,,, . ! • ,,,, ,,iel .4. 111;ilii;!,111,,'Hol; d, os,,,— ,, ,e,. ' '''.,' ,htli 1 iiiiio 1 . ',i• ' . -' it, ? f, itr,,It - ' ' :...iti....- . . ---pirli ft' 1,, Kg, „,,,,i i k.. _ . .----, ,. , ., ,,,t,t,i, . 4 •-• ., . ii,,,oli IA. ' 11(01,i10\ l'',1, ,1\ 'kflit4 't 10'ili i fl i( ., t ,1 tti I 0••,, `' ,1 i ' 1 „, '1 NV,' '13' '44-, ' ' '• .'s•.• ,',Ori11 kt ' •11 .".1- .k. ,1 . :4,Illiii,1 Picture 5—View of NE Corner looking south p v , k., AP,* 1,,. . . liti r, 010 ,,., „fill 1 1, i ., ( • 1. ;_.,,.....\-11. \11 L-'- ‘ 4i . 1 • I 't`ly '114I il 41Fli IL' - I 4>10 4040 ;',-1.,,- . .,..', .. .,,,,. ',ca. %.' ./•\ / . // Picture 6—View of NW Corner looking southwest 3010 3rd Street South,Suite C•Jacksonville Reach,1.1,32250•904-241-8010 10 REPORT 1 Alexander Grace Consulting, Inc. i, i• .i. iii `d /' ' 11,1/®1 t .. �if,� °x 4 _ lv d A, TY. . .' - ilt) 1 , Picture 7—View of second level floor system failing at patio f i 4., r xi�lt i ILIA t„ \ , ...' AN\ c \ i , ...-- ',.. . ,ik, 40.1, i .4 1 i ' ,rV - 0--i '1' ,.I. .!_ '1,„., '31 \ \ ‘ `'i tit 1,\` YJ. j / jJILJi1 \ , , , ,, ,, .,.„ Picture 8—View of second level walls buckling above patio 3010 3`d Street South.Suite C•Jacksonville Beach,Fl.32250•904-241-8010 11 AGO REPORT 1 Alexander Grace Consulting, Inc. • c 40 - A r , !. ` . , �� ..G� _ .,. 4,‘: . . i \ ,. „..., .s.,;_ _ _ ______ -4.„ . , .1.'" 40,,,4 ,i 4. ••• ��� v. ate'e Jak.- -I 'S- ik .7. ` v ify.. • ii • ^far ' i i ' 1, Picture 9—View of light through roof soffit. if ; • 11 ^f. to / T. s,��Y.x ��' ry { l ; _j Picture 10—View of second level floor system failing at patio 3010 3'"Street South,Suite C•Jacksonville Beach,FL 32250.904-241-8010 12 S AES :.• Arlo �� ,t ., / ^ii•1 — 14 \, : . �y 0 1i 4 . t � 1i ..1—,d —'F T, iy � � I'i � 3;4114' 'f l I ' t ��t 41_1 ?1 A -4 rtlr ��i _ � s t . . , , Fi,„ ,„„, . ,„ _.., ,/ is-- 4 „ .a' c. . _ F" Visual Structural Damage Assessment 198 Poinsettia Road Atlantic Beach, FL-32233 Prepared for: Brianna Snook REO Asset Recovery Manager III Wells Fargo Home Mortgage—Premier Asset Services WFHM I One Honie Campus I Des Moines,IA 50328 Prepared by: EMA Forensic Associates,LLC Structural Forensic Engineers&Special Inspectors Project Number: 09627 November 20,2019 Structural Forensic Engineers&Special Inspectors Tel:(904)361-9877 Reference No.09627 November 20, 2019 VIA: Electronic Mail Brianna Snook REO Asset Recovery Manager III Wells Fargo Home Mortgage- Premier Asset Services WFHM I One Home Campus I Des Moines, IA 50328 RE: Visual Structural Damage Assessment 198 Poinsettia Street,Atlantic Beach, Florida 1.0 INTRODUCTION A visual non-destructive structural inspection of the residence located at 198 Poinsettia Road,Atlantic Beach,Florida,was performed with the authorization of Ms. Brianna Snook, REO Asset Recovery Manager at Wells Fargo Mortgage,Des Moines, Iowa. The purpose of this assessment was to perform a visual inspection of the accessible areas of the structural frame and report the structural condition. The scope of this inspection was minimal, and any issues pertaining to the extent of hidden areas of damage in roof and attics, walls, geotechnical investigation, structural analysis, and load path analysis were not included in the scope of this report. The owner's agent Ms. Peggie Watrron was present on the premises during inspection. The following tasks were performed as part of our structural assessment: 1.1 ASSESSMENT SUMMARY Based on the observations at the time of the site visit, the following are comments and opinions offered by the engineer. These comments and/or recommendations are conceptual in nature and are based on a reasonable degree of professional certainty. It was the opinion of the engineer: • The referenced northeast side of the structural frame and roof section above represents an immediate dangerous or unsafe structural condition and must be immediately shored. Entry must be limited to professionals to shore the structurally compromised areas. • The damaged northeast section of the townhouse roof,walls,and interior floor framing were consistent with the damages caused by excessive moisture and leaks. This had caused damage to the structural components and wood rot in the referenced framing on the northeast and east side of the building. EMA Forensic Associates,P. O. Box 691948,Orlando,FL-32869 .Email:infona_,EMAengineers.com 1 aEM/1--- Structural Forensic Engineers&Special Inspectors Tel: (904)361-9877 Reference No.09627 • Approximately 18 linear feet length of the east exterior load-bearing wall was noted to be moderately damaged on the second and third floors due to leaks. This has caused the 2nd and 3rd-floor framing to get dislodged from the east wall. The damages to the exterior frame have contributed to the roof and floor framing sagging/bulging due to lack of adequate structural support. • The northeast section of the referenced structure was noted to be leaning eastward and was only supported by first-floor patio columns and minor frame members. • The northeast section of the roof exhibits damages pertaining to on-going leaks and roof issues. The roof joists could not be inspected due to a lack of safety. • Damages to the roof as viewed using the client's supplied photographs to the northeast part of the flat roof were moderate. The open section of the roof finishes had caused moisture intrusion over a period of time, thus causing damage to the north wall, east wall section,and the floor framing below Based on our observations of open and accessible areas of the residence, it was EMA professional engineering opinion with reasonable certainty that approximately 25-30% of the lateral and vertical load-carrying capacity of the structure has been compromised. The damages per current Florida Building Code may be classified as Substantial or Below Substantial Damages based on observations of future evaluation of the gutted interior framing, after shoring the structural components. However,the current damaged framing warrants repairs to bring the building in compliance with the current edition of the Florida Building Code (2017, Existing Residential). All these areas must be immediately secured and shored to avoid any issues of public and life safety until the client repairs the structure. EMA could not make any determination of the extent of damaged roof joists and elements, and/or any hidden interior or exterior wall framing of the structure due to safety concerns and lack of access. 2.0 STRUCTURE OVERVIEW This visual inspection was performed to check the extent and nature of the damages to the structural frame of the townhouse.This inspection consisted of ONLYvisual methods performed on readily accessible/open areas. These assessments were conducted in accordance with the "Guidelines for Structural Condition Assessment of Existing Buildings"of the American Society of Civil Engineers, "State of Florida Building Construction Standards, Part VII, State Minimum Building Codes,"ASTM E2018: "Standard Guide for Property Condition Assessments,"ASTM E678: "Standard Practice for Evaluation of Technical Data"and ASTM E620: "Standard Practice for Reporting Opinions of Technical Experts." EMA Forensic Associates,P.0.Box 691948,Orlando,FL-32869 .Email:info@EMAengineets.com EMAengineers.com 2 f Structural Forensic Engineers&Special Inspectors Tel: (904)361-9877 Reference No.09627 The subject structure was a three-story townhouse located in Atlantic Beach, Florida. Per Duval County Property Assessor's website, the townhouse was built in 1983.The exterior walls of the property were reported to be a wood frame.The interior of the structure was a wood frame with drywall finishes. The roof was noted to be a flat roof on wooden joist systems overlain with waterproofing membrane. The floor was a concrete slab. The front of the house faces east towards the Poinsettia Road,Atlantic Beach, Florida. 2.1 DOCUMENT REVIEW Documents Reviewed As part of EMA's assessment of the reported damage of the subject residential structure, EMA reviewed the various sections and editions of Florida Building Code and other material: 606.1 General Structural repairs shall be in compliance with this section and Section 601.2. Regardless of the extent of structural or nonstructural damage, dangerous conditions shall be eliminated. Regardless of the scope of repair, new structural members and connections used for repair or rehabilitation shall comply with the detailing provisions of the Florida Building Code, Building for new buildings of similar structure, purpose, and location. 606.2.1 Repairs for less than substantial structural damage For damage less than substantial structural damage,the damaged elements shall be permitted to be restored to their pre-damage condition. 606.2.2 Substantial structural damage to vertical elements of the lateral force- resisting system A building that has sustained substantial structural damage to the vertical elements of its lateral force-resisting system shall be evaluated in accordance with Section 606.2.2.1, and either repaired in accordance with Section 606.2.2.2 or repaired and rehabilitated in accordance with Section 606.2.2.3, depending on the results of the evaluation. 606.2.2.1 Evaluation The building shall be evaluated by a registered design professional,and the evaluation findings shall be submitted to the code official. The evaluation shall establish whether the damaged building,if repaired to its pre-damage state, would comply with the provisions of the Florida Building Code, Building for load combinations that include wind or earthquake effects, except that the seismic forces shall be the reduced Florida Building Code, Building-level seismic forces. EMA Forensic Associates,P.O. Box 691948,Orlando,FL-32869 .Email:info@EMAengineers.com 3 *MA- Structural Forensic Engineers&Special Inspectors Tel: (904)361-9877 Reference No.09627 606.2.2.2 Extent of repair for compliant buildings If the evaluation establishes that the building in its pre-damage condition complies with the provisions of Section 606.2.2.1,then the damaged elements shall be permitted to be restored to their pre-damage condition. 606.2.2.3 Extent of repair for noncompliant buildings If the evaluation does not establish that the building in its pre-damage condition complies with the provisions of Section 606.2.2.1, then the building shall be rehabilitated to comply with the provisions of this section. The wind loads for the repair and rehabilitation shall be those required by the building code in effect at the time of original construction,unless the damage was caused by wind, in which case the wind loads shall be in accordance with the Florida Building Code, Building. The seismic loads for this rehabilitation design shall be those required by the building code in effect at the time of original construction,but not less than the reduced Florida Building Code, Building level seismic forces. 606.2.3 Substantial structural damage to gravity load-carrying components Gravity load-carrying components that have sustained substantial structural damage shall be rehabilitated to comply with the applicable provisions for dead and live loads in the Florida Building Code, Building. Snow loads shall be considered if the substantial structural damage was caused by or related to snow load effects. Undamaged gravity load-carrying components that receive dead, live, or snow loads from rehabilitated components shall also be rehabilitated if required to comply with the design loads of the rehabilitation design. 606.2.3.1 Lateral force-resisting elements Regardless of the level of damage to gravity elements of the lateral force-resisting system, if substantial structural damage to gravity load-carrying components was caused primarily by wind or seismic effects, then the building shall be evaluated in accordance with Section 606.2.2.1 and, if noncompliant, rehabilitated in accordance with Section 606.2.2.3. Florida Building Code,Building Section 1612.2 Definitions, SUBSTANTIAL IMPROVEMENT -Any repair, reconstruction, rehabilitation, addition, or improvement of a building or structure,the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage,any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: EMA Forensic Associates,P.O.Box 691948,Orlando,FL-32869 . Email: info@EMAengineers.com 4 Structural Forensic Engineers&Special Inspectors Tel: (904)361-9877 Reference No.09627 1. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. Florida Building Code, Existing Buildings Section 202 Definitions A. Chapter 5 Repairs - Section 506.2 of the Florida Building Code - Existing Building states: a. Repairs to damaged buildings shall comply with this section and Section 611, Reroofing. B. Chapter 6 Alterations - Level 1 Section 611.1.1 of the Florida Building Code - Existing Building states: a. Not more than 25% of the total roof area or roof section of any existing building or structure shall be repaired, replaced or recovered in any 12-month period unless the entire roofing system or roof section conforms to the requirements of this code. C. Florida Administrative Code (F.A.C.) for the Department of Community Affairs; a. Division of Housing and Community Development, Chapter: Florida Building Commission - Operational Procedures i. Rule 9B-3.047 Mitigation Retrofits Required 1. "The Hurricane Mitigation Retrofits for Existing Site-Built Single-Family Residential Structures, effective date April 6, 2008. SUBSTANTIAL STRUCTURAL DAMAGE.A condition where one or both of the following apply: 1. The vertical elements of the lateral force-resisting system have suffered damage such that the lateral load-carrying capacity of any story in any horizontal direction has been reduced by more than 33 percent from its pre-damage condition. 2. The capacity of any vertical component carrying gravity load, or any group of such elements,that supports more than 30 percent of the total area of the structure's floors and roofs has been reduced more than 20 percent from its pre-damage condition and the remaining capacity of such affected elements,with respect to all dead and live loads, is less than 75 percent of that required by this code for new buildings of similar structure, purpose,and location. o In any story, the vertical elements of the lateral-force-resisting system, in any direction and taken as a whole, have suffered such that the lateral load-carrying capacity has been reduced more than 33%from its pre-damaged condition, or ■ The capacity of any vertical load-carrying component, or any group of such EMA Forensic Associates,P.O.Box 691948,Orlando,FL-32869 . Email: info@EMAengineers.com 5 Structural Forensic Engineers&Special Inspectors Tel:(904)361-9877 Reference No.09627 ■ elements, that support more than 30%of the structure's floor and roof(s) has been reduced more than 20% from its pre-damaged condition and the remaining capacity of such affected elements, with respect to all dead and live loads, is less than 75% of that required by this code for new buildings of similar structure,purpose, and location. ➢ Section 407.3.3 Below substantial structural damage: • Repairs to buildings damaged to a level below the substantial structural damage level, as defined in Section 202, shall be allowed to be made with the materials, methods, and strengths in existence prior to the damage unless such existing conditions are dangerous as defined in Chapter 2. New structural frame members as defined in Chapter 2. o Section 708 and 708.1.1 "Re-roofing/General," of the Florida Building Code - Existing Building indicates the following: • Not more than 25 percent of the total roof area or roof section of any existing building or structure shall be repaired, replaced or recovered in any 12-month period unless the entire roofing system or roofsection conforms to the requirements of this code. 3.0 SITE OBSERVATION &EVALUATION Non-Destructive visual inspection and observations were conducted by EMA staff engineers to confirm the accuracy of any existing information and to assess the condition of the structure's visible framing and roof portions within the scope of this inspection. 3.1 FIELD OBSERVATIONS Observations of the referenced property's Exterior revealed the following: • Evidence of damaged exterior north and northeast wall frame was noted (Photographs 4 through 8). • Evidence of structural cracks, bowing or leaning exterior walls/roof elements were noted (Photo 9 through 12). • Evidence of damaged roof fascia/soffit along the northside was noted (Photo 13 through 15). • Evidence of moderate roof damage to the northeast section of the roof wooden joists and coverings was noted (Photograph 16 through 18). • Evidence of out of plumb south wall adjoining unit 196 was noted (Photo 19). • Evidence of damaged framing members in the north exterior wall from the roof to the first floor was noted (Photo 20 through 22). EMA Forensic Associates,P.O.Box 691948,Orlando,FL-32869 .Email:info@EMAengineers,com 6 sEMA- Structural Forensic Engineers&Special Inspectors Tel:(904)361-9877 Reference No.09627 • Evidence of broken entry stairs and minor delamination to balcony wood members was noted (Photographs 23 through 25). Observations of the referenced property's Interior revealed the following: • Evidence of substantial moisture-induced drywall damages was noted in various interior walls of the residence (Photographs 26 through 28). • Evidence of extensive moisture-damaged framing members in the northeast section of the exterior wall was noted on various floors (Photographs 27 through 30). • Evidence of dislodged and partially damaged 2nd-floor framing members on the northeast side of the property was noted (Photographs 31 through 32). • Evidence of moisture-damaged roof wood joists was noted in various roof sections (Photographs 33 and 34). 4.0 CONCLUSIONS Based on the observations at the time of the site visit, the following are comments and opinions offered by the engineer. These comments and/or recommendations are conceptual in nature and are based on a reasonable degree of professional certainty. It was the opinion of the engineer: • The referenced northeast side of the structural frame and roof section above represents an immediate dangerous or unsafe structural condition and must be immediately shored. Entry must be limited to professionals to shore the structurally compromised areas. • The damaged northeast section of the townhouse roof,walls,and interior floor framing were consistent with the damages caused by excessive moisture and leaks.This had caused damage to the structural components and wood rot in the referenced framing on the northeast and east side of the building. • Approximately 18 linear feet length of the east exterior load-bearing wall was noted to be moderately damaged on the second and third floors due to leaks. This has caused the 2nd and 3rd-floor framing to get dislodged from the east wall. The damages to the exterior frame have contributed to the roof and floor framing sagging/bulging due to lack of adequate structural support. • The northeast section of the referenced structure was noted to be leaning eastward and was only supported by first-floor patio columns and minor frame members. EMA Forensic Associates,P. O.Box 691948,Orlando,FL-32869 . Email: info@EMAengineers.con 7 fMA- Structural Forensic Engineers&Special Inspectors Tel: (904)361-9877 Reference No.09627 • The northeast section of the roof exhibits damages pertaining to on-going leaks and roof issues.The roof joists could not be inspected due to a lack of safety. • Damages to the roof as viewed using the client's supplied photographs to the northeast part of the flat roof were moderate. The open section of the roof finishes had caused moisture intrusion over a period of time, thus causing damage to the north wall, east wall section, and the floor framing below Based on our observations of open and accessible areas of the residence, it was EMA professional engineering opinion with reasonable certainty that approximately 25-30% of the lateral and vertical load-carrying capacity of the structure has been compromised. The damages per current Florida Building Code may be classified as Substantial or Below Substantial Damages based on observations of future evaluation of the gutted interior framing,after shoring the structural components. However,the current damaged framing warrants repairs to bring the building in compliance with the current edition of the Florida Building Code (2017, Existing Residential). All these areas must be immediately secured and shored to avoid any issues of public and life safety until the client repairs the structure. EMA could not make any determination of the extent of damaged roof joists and elements, and/or any hidden interior or exterior wall framing of the structure due to safety concerns and lack of access. 4.1 Conditions and Limitations This document was prepared for the exclusive use of Wells Fargo Mortgage and was not intended for any other purpose. The observations and opinions contained herein are limited and are based on the information available to us at the time of inspection. The evaluation performed on the above date was a limited visual non-destructive assessment of the referenced areas of the damaged frame. Areas hidden from views such as roof,slab- on-grade, attic, ceilings, interior walls, subsoils, and floor/foundation cavities or other inaccessible areas were not examined. No structural analysis has been performed on any portion of this structure to determine the load-carrying capacity or the load path along the damaged section of load-bearing framing.This document does not address any geotechnical, subsoil conditions, the cause of differential settlements, mechanical, electrical, or plumbing issues. Please note that EMA reserves the right to revise the observations and opinions above, as conditions change, or additional information becomes available. This document was prepared for our client's use, and EMA disclaims any liability for use by others. The condition of the premises may change after the date of our inspection due to many factors such as weather, fire, moisture, leaks, actions taken by others, or passage of time itself. Our report deals with the conditions of the premises at the time of the inspection only. By accepting this report, the client agrees to hold harmless EMA fully, it's staff, EMA Forensic Associates,P. O.Box 691948,Orlando,FL-32869 .Email:infoQ.EMAengineers.corn 8 • ilF410101--- Structural Forensic Engineers&Special Inspectors Tel: (904)361-9877 Reference No.09627 engineers, and consultants for any hidden damages, issues,and/or any litigation for any reason whatsoever based on the findings of this inspection.The report is not to be considered as a guarantee of the condition, and no warranty is implied.This report is non-transferable from the original client and cannot be used in any litigation and/or insurance claim support due to the limited nature of the scope of work. As a mutual protection to clients, the public and to our company itself, all reports are submitted as a confidential property of EMA, and authorization for publication of statements, conclusion, and extracts from our reports are reserved, pending our written prior approval.EMA cannot be held responsible for any hidden defects that may negatively impact the performance of the structure. This report is intended to provide an overview of the existing conditions and should not be used as an indicator of future performance; no expressed or implied warranties or guarantees of any kind are given. EMA appreciates this opportunity to have assisted you with this inspection. Please contact us if you need additional engineering services. Sincerely, EMA Forensic Associates, LLC. o```�� II I I Ut l]11/1,,x/ 1HID 7.4 ',.t�Ns i14•••rtN,^'`. _ 52567 s • STATE OF • i ‹cs mss',,NAL' N A L••�",`����`\�,` litiiltitliP\` 11/22/2019 ��� Mujahid Ali, Ph.D., P.E.S.I Senior Principal Engineer FL P.E. License No.: 052567 Encl. Figure 1 Location Maps Attachment A Site Photographs EMA Forensic Associates.P. O.Box 691948,Orlando,FL-32869 .Email: info(aEMAengineers.com 9 Reference No.09627 Figures Figures I( , Reference No.09627 Figures � ,SS _.th St 51h Si O Ari.k.ave -5. h Howell �a Park sem+St a w 77YY y:4 S .41! Z •,tD-Pd 3 >. a e 3r3 St c 4, o v H C.' T '`-na Rd ,}�' Atlantic Beach Elementary Scho... 71::1! t znd 5t :a�•aiia Rd 9 2 198 Poinsettia St, <i it Atlantic Beach, FL 32233 pany It1 ♦ Fly's Tie Irish Pub - Downtown - Ocean 60 Restaurant Neptune Beach `Yl One G. .3 fl PcSurt . w i Atlantic Blvd Au T North Beach Fish Camp Poe s Tauern Yl • Yl 'ft Lucky's Market �' r:..r3e 5; Sliders Oyster Bar -L! Fubliz - rhr'<', St 's% v 0 a Ta.cct Is'ard —... Trout V River Jacksonville na 9 0 198 Poinsettia St, 22•= Atlantic Beach, FL 32233 ,l l 202. z02 Bute($'vd Pante '..`edra Beach Ponte Vedra Bellair -9° Palm Valle, Orange Park _ Lakeside • 96 St Johns ..- Fleming Fruit Cove Island Ponte Vedra Jdlebura Figure 1 —Location Maps rAAII 11611111111 Reference No.09627 Attachment A—Site Photographs Attachment A Site Photographs Reference No.09627 Attachment A-Site Photographs .i,..',. Ir. 71 .,4iiiiiiii i ,, lir • A -View of the left(east)elevation of the property. Ilr _.r, �,�,; -,fi5.r,;, i.i.4(1 'ki, 44°7' . l' . - ' ' • rnY i. ! . I `i A -View of front(north)elevation of the property. Reference No.09627 Attachment A-Site Photographs 41..:..., •,,,;iiiii,"`,,,V.,,_::C.,,..7S..),." , ..f, -, - . 1 • •-._ .. ..-:: ,- I* ,,,t,.i 400 • _ ‘Fg -75"4111.,- ttit1 f, . ' , • ,, , Ill* / 4 - WM .. - - -- _ k I ilikatab.6„ tIllitg it:WM.0 i II— *Awl* . ' ', — 0 -- 1 1111111111111111111NII ..-FAat- ' 9114RVIPI I , _ . . -,-- .,. ...-- - . .1\ .1=1111•111111g ' ft. SALM _ u, 3 -View of right(west)elevation of the residence. 1 4 1 11 , , ,, : i . , , „ i , , , , -- , • . ...‘ ... , V ' 1 ;4, . . ',,,ti.k.<a.,...• ,, ..-0li - . . 1* r-... 1, 4. - • , • a16 4 I-4r, I. 0,::i, , • -. : . ,,e_,• x, ) iiitti.i4 t ''-"N I • ' i'•'i'Y'l ' , 1) 1 : • , : . .; ,... .z ,..,, - . 1 •';', ' 4'..:' r-', ', , , , --- ,',.4 .,',,-_ *,r_ ri- ItAt • ' j ., 7 ..1 ' .---'44 - '\',:l• ;4,' .,-I,W4 !" .0 --' ,-.'' V '' , •-) .1:(' ft, . ' •'•f00 0 ) ' ! ',..'i t 4 VI. .+, '-- ',, - V .;.,„ .4 1. •`• 110 IfilV i . , 1 1,11,6',..i, :„"'. te.A.,,i ;, 1.11(p ., ! 1 , . ____, ,, ,. / . . A',. . . , i' • —Another view of damaged In floor east wall framing as viewed from outside. fMA---- Reference No.09627 Attachment A-Site Photographs P 4 ... ..f 1 I.\ N N'A 1. ( { •�} �� `i r i ,,, 4:::!..4r,„ :....,, ,,...k.3 .. .. ... . ? i r Aix, : (....., . .. ,., .,. ..\ . ,,..i . . i., ..../.e. ,.. I. e:',..7.— ' 6 -View of displaced and buckled wall at the northeast corner of the property. i. _ , • Tg gr itiki , ‘ .7-1: _, -4, Pot , ..0 A ' .s 1 ' ' . .." 1 1 i ish r , . -7 , . 4.,........, ._ ..- y 6 -View of structurally damaged north wall frame at the northeast corner. ,v,,F • Reference No.09627 Attachment A-Site Photographs • 1 ! l V7f• jkli ' ; 11 , 11, -- 7 i � ! i IIt'. .i 1 ) ! t r 11,, 11., \ 11 ; , II ; , i Il ' ;-tlk . 1 i, i , ( lit . i . ...11 ) . 1 , P i4Or 1 I 1. 11: p . 1.7 if ; 11111,, ,• 1 "_ : \ � 1 t 1; I Ia `'II • , ' .- J_LLLL1+1 •..1..� I i1 i ' s -; 1 i 41..if :a 1 • „ jI ? �:r . ,. -r. ,.• ...:,•,• ,i:�i .1.i f r. . , • • • .• . r::, r l 1 /.' -I I . .j +* rosea mswegriu}1 II' 1 - F f;, 7 -View of buckling second floor north wall due to the 2nd floor damaged support beam of the residence. r ,,,..„ ,,,,_ ...„,, , . , Vii. , + eta ..,t, iy,,,,,„,. ,,,,, ,..„., i • 6.74(ti, b. 1 , f . ,.rJ �i .t , t1 �� !Iltilt ----- "'I - : \\1 i 1 '-.‘. 1 rhi4rS:... y ., , . '. . Lhiit, ': -View of damaged and buckled finishes on the northeast section of 2nd floor. fhW- Reference No.09627 Attachment A-Site Photographs -win, • 1_-. c, • • —View of leaning northeast section of the property. t - '1 1 1 Y i ..t i _ .11Iid , 1 ; ! I r , iI1 i1. _ • � / { I t } 1' --- - `1 ► I I} r I � I f 1 1 i 1riIjii ) i 1 1 a1 . igiNititilop 10 -View of leaning/out-of-plumb south wall of the property adjacent to unit 196. Reference No.09627 Attachment A-Site Photographs AZ t/ f.,' S 1. 4 4,,,,i; r' -' *4 < 7 a .r ,i II I � ' �4. r``. t I_�,' 11 -View of minor roof sag above the damaged north side frame. '. I VI 1 l ' I 'l !' , -‘v.I { � _ � ,, ) 1i , 1 , , 111 ; , ,, , ,, , , ,, ,, I , 1 .1 i YI • � i AilI I � f ! � � I r 1 ; j j ;f,4 1 11 I f 1. I lj,i �f ,1 4 , , 11 11 , f- .e I 1 'l 1, 11 1r1 1 r ' � + 1 I `i_' ' ' ' 1 i 1 i ;I/ . � i 1_ 777, T, 1 W Ott 11 • ' ; 1 ^ �1 ^•II I I � I III . lii lit 1• fry ' l'; '11.4.1 ' ` t I . . .-j �'. , f I 11'11 el..fC2 SiR'.Jspc„ Eni.. 12 -View of the damaged and bulging out second-floor beam due to wet rot. Reference No.09627 Attachment A-Site Photographs 1. ` . ,.. _ . .., s I 440 f' (Illhhl t or ti 41* ti v r 13 -Another view of damaged/exposed roof joists at the north soffit. vr. -,W._ � -.�..— ; s t . v.,�t ' ��r,�,' 4 to - , 'ft • rfr a ,;i •. ' , ' 44Fir1 4r i . or Y #`C . #10440.0 I, _ c !fir •i• \ . i,i A, . i . , ,, .0,..i. 4 s. 14 -View of a closeup of the damaged roof joists in the central section of the north soffit and roof. Reference No.09627 Attachment A-Site Photographs I AU.,I - / I .. _ .. - " _ __ .... .. 1111100,, _ ‘ - 15 -View of partially damaged roof joists above a north roof section. A 17-, :-: -t': 41 4:i''''''''' ;17::::P...t.,:-*rt.:4':kl:• 111y ' "� • • j . ,y", s 7 ir ;* , ,� y , .. ": r- n ,n •s'r•.r 'Mx-+- ••t ,. • a 16 -View of the damaged northeast section of the flat roof,north-west roof,and 1.revious re.airs courtes of Wells Far:o&Duval Coun . Reference No.09627 Attachment A—Site Photographs i 111111111111111PPr If 1/4 • i 3 •.... ,f0 4'444- , - N10 . K . ' '.., . ....- .4. ',. .. • P if)_ •.. II . 1.....\ -t4.4104. \ . .. _ . _ 17 -View of a hole through the north main roof a cause of moisture intrusion. (Courtesy of Wells Fargo&Duval County). ..,., ....• ,.. , .s...„1., . • .. . ,. . , .... . — ' ,,,_"- '',00 •AS•,..•• i: -•-,A• A , •,• tor, 4, -... • AA,„,,, ..:„. , . •'';'• ..•,4:fpc,or.:- 1 1' • '10,„-•"- i •. -..,..,, , ,....--.:-.,--I'l , fy' --.40,,, 14 ,, ,•.• . ," • 1 - 4 , ' ...e. .44 . ;' ii... . -..... 7 PIP..,:.r.,' i alleirnaltiL. - ,ii,o, TI1 cif i , , ) ••left. . ' ' ' ,'•( • 0,, • • .• • v 7:1 4. •,F .,. AWNS' - •"'.0 r s ..ti .2 - . . . - acy.• ' s , . 4 . . , , . ...,. .,, 18 -View of evidence of property northside leaning toward east due to framing .ama:es. alIA— Reference No.09627 Attachment A-Site Photographs Milk ,, ihmithitheilititiMililletti WIN , . r TT -7 -T'f ,I t - i 4 - - ,1 H . I Hyl_.; 1 11 ! , I d1 LI 11 I { r 1 1 l 1 1 1 - A� ! l i t l i l I , _'_..1 a 1 1 i 44144441 rr- _ . 19 -View of leaning north section of the property. R. , A lit i , * . VII'0 iJ iiiiiL- ,, ' I Y r 0 -View of evidence of damaged second-floor framing. M Reference No.09627 Attachment A-Site Photographs 41.444 5 r . ..j- ., ,, ,i,„ ;, . , , ,,, ., . - f 1 ,,, 1 ...„_ , t „.„-It _., . , ,, . #. # •��s � 111 - ;� `� aye 0 ,.,4 4 $1pi �f�� ti 1 \'t 1^ , \; i 7 ~ v - 1 iti: - a ' r. ti `at_-_, ini ......- 1 -View of a few damaged 2nd-floor northeast wall framing. I;.\ rt.!;: .JTllJIi • t. :,r,v - . . i ! i: illi , ' ,; , i', it 1- ' '' P � 'i li ! 1I , I i �.� s '. 1 II, 1. !l I I:i•r I• •I i . ' ' • r --7 ma*:'' r Al/ 1` , , , , , . .., , , ,, : , , , , , . # t,,,A.- ;,, ,J ., „ • ,. J'., ,, , , ,, , , , , , ,,. .f.,,,,,, ',44 .' 1,," 'I • , ± 1 rNb.�ml I r - 'f; w w. ± .•-- 1 ' ' '` 7 # ti. f , P 2 -View of the bulging northeast section of the north exterior wall A Reference No.09627 Attachment A-Site Photographs I' • \Vikf) 1 ' • 1 . 1 \ ,A ,10 , , , ‘,. . IF I-4i \‘. . ' A I till -- µ y 1J j([�t a o '? f ev w ,a t 1 1 P 3 -View of damaged/dislodged entry stairs on the west side of the property. \ I= >3 ' \\ \\ A ..\\\\' • ' , 1 ! ' ) ''.j..'ti' 4:lif\ iig. . :: ,? • \`• \I{Fj 1 jt1� ! 1R I.� `�n4>v. -1-, �_ . , .• R, ,, 1 11'. '(. 1 I r •/, , 1 1 / \. ,.00.,, - �• / 1 3x1 t J \``..i Y d, 7 j/ii , ,`4. ' ` , f .$- 3:- ' i,, ': . , r( r kiit ,L -1,-,- s- -_,i t � f ' 4 Ihk... ' „! .,,,..,:. ,... iiii . , , 4 -View of a delaminated wooden balcony and the railing on the westside. Reference No.09627 Attachment A—Site Photographs r) 9 , 5. i S f 10 5 -View of the stained 2nd-floor balcony beams. Fr . 4.,,.7 ; R 1 I A.\, �; . 40 '1?‘ *,..dr1111011)) 11 4 41111 , . . 4,,, 4 , . t .. .,,,„,. .. , , . . . 1 , c . .. , .. . 6 -View of the damaged first-floor exterior wall framing in the northeast 473- ...I .ection. Mil A Reference No.09627 Attachment A—Site Photographs • • . . 7 -View of damaged wall 2nd-floor framing and the dislodged floor beams. .r-� T f,�r r F 7 M I • I . , .f. ,......... t il • • 0 ILI \. 'i 1 , VI: • /f 44 11$1 1 . ,1 ... , � ! , . ,"6"-' - . . , it ...: • I 8 -A close-up view of the 2nd floor damaged beams and wall studs due to I oisture and leaks. IS irMA I Reference No.09627 Attachment A-Site Photographs 1 1 Pk- : lir 1 f \ • , • br/ . .-.j ���"'l//SSS"'fff 1 i j _ • lil ,, s. . , . ._ _._ _:___ , ,4 1 „, 4, •-;:. j..* 29 -View of the northeast section of damaged 3rd-floor wall and the roof framing. IT 1 t 1 , i i tit i -- W Lift f CO -View of evidence of cracked interior wall on the 3rd floor between north •athroom&bedroom. Reference No.09627 Attachment A—Site Photographs f N. y,,,s r� T''e'' • 1 .M �- A I 11 .11' N Y i �, ' lit ... . 31 -View of damaged first-floor wall and floor framing on the northeast corner of the property. .,„„,,mememiimaimeawier : , 1.. ..,,, 4,...#1101.-vm, i , -4111V----- 'Ill o'-•00 • ,4-, a tri 32 -Close-up view of first-floor exterior wall damages at the property Reference No.09627 Attachment A—Site Photographs IIIt C 3 -View of excessive mold growth on the first-floor interior walls in the north .ection of the property. C 4 -View of leakage and moisture stains in the first-floor ceiling section. ,mss ' ' CITY OF ATLANTIC BEACH I..h ; 800 SEMINOLE ROAD J ATLANTIC BEACH,FL 32233 (904)247-5800 US MAIL HAND DELIVERY AND POSTED CERTIFIED MAIL RETURN RECEIPT REQUESTED 70131710000216910537 /70131710000216910551 ORDER TO VACATE PROPERTY AND DEMOLISH PROPERTY NOTICE OF HEARING October 16, 2019 Mr.Andrew Stelzmann 196 Poinsettia Street Atlantic Beach, Florida, 32233 Wells Fargo Home Mortgage Attention: Property Preservation X2303-048 1 Home Campus Des Moines, IA 50328 Re: Two-unit Structure 196 and 198 Poinsettia Atlantic Beach, Florida, 32233 Real Estate Number: 170636 0500 and 170636 0510 Case Number: 14-00000980 Location of Violation: 196 and 198 POINSETTIA ST, 10-16 21-2S-29E, SALTAIR SEC 3, Both halfs of LOT 684 Atlantic Beach,Florida Dear Mr. Stelzmann and Ms. Snook, . Our records indicate that you are the owners of the above referenced property. Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. 0119san2 1 s s' The City recently received an updated and revised Engineering Report, dated Oct. 2, 2019, regarding the physical condition of your property finding the structure as a whole has sustained substantial structural damage and recommending that the entire structure be demolished completely. A copy is attached hereto. CODE PROVISIONS IPMC, Section 108.1.1. An unsafe structure is one that is found to be dangerous to the life,health, property,or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment, or is so damaged,decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation,that partial or complete collapse is possible. IPMC, Section 109 Emergency Measures. 109.1 Imminent danger.When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment,the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure,making the required repairs, removing the hazardous condition or of demolishing the same. IPMC, Section 110.1 General.The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure,which in the code official's or owner's authorized agent judgment after reivew is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure,to demolish and remove at the owner's option; or where there has been a sessation of normal construction of any structure for a period of more than two years,the code official shall order the owner or owner's authorized agent to demolish and remove such structure,or board up until future repair. Boarding the building up for future repair shall not extend beyone one year, unless approved by the building official. FINDINGS AND ORDER TO VACATE AND DEMOLISH STRUCTURE Based on inspections of the above referenced structure,as well at the AGC Engineer's Report, dated October 2,2019 which includes both 196 and 198 Poinsettia Street,I find that there is imminent danger of failure or collapse of the structure,that life is endangered by the occupation of the structure and that the structure is so deteriorated and so out of repair as to be dangerous to the public and occupants and deteriorated to the point that it is unfit for occupancy and that it is unreasonable to repair the structure. Half of the structure has been boarded for over 12 months and has continued to decline. Furthermore, this structure will be a source of wind-borne debris during high winds, causing Imminent Danger to persons and property both on and beyond the subject property lines. Due to the degree of deterioration, the threat of collapse, and Imminent Danger to persons and property,I hereby order you to vacate the premises and further order the immediate demolition and removal of this entire structure,including both 196 and 198 Poinsettia Street. 01195472-2 2 NOTICE OF HEARING In accord with Section 162.06(4),Florida Statutes,the undersigned believes the condition of the structure constitutes a serious threat to the public health, safety and welfare. As a result, you are hereby notified and ordered to appear at the public hearing of the Code Enforcement Special Magistrate on October 31,2019, at 10:00 am at Atlantic Beach City Hall,Commission Chamber, 800 Seminole Road,to answer and be heard on the above described Findings and Order to Vacate and Demolish Structure. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure,please contact the City Clerk's office within five days of the receipt of this notice at(904)247-5821.Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. I,Ph 464...‘4454To ,hereby swear and affirm that the above statements are true and accurate. . 141iiik• earn, Dan Arlington, CBO Building Official City of Atlantic Beach (904)247-5813 darlington®coab.us ATTEST: et:COA'a- CU , Recor 4rk Attached: AGC Engineering Report,from Geoffrey W. Gartner,PE,dated October 2, 2019 cc:Brianna Snook Brianna.N.Snook(iwellsfargo.com 01195472.2 3 SENDER: COMPLETE THIS SECTION K• r►• 1 , 0 .»�i �:- ■ Complete items 1,2,and 3. A. Sig ure � �(� II Print your name and address on the reverse X •� . .21/' 0 Agent ] so that we can return the card to you. 0 Addressee ■ Attach this card to the back of the mailpiece, B. Rece' ed by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? Yes Wells Fargo Home Mortgage If YES,enter delivery address below: p No Attn: Property Preservation �f X2303-048 o )c1 Home Campus i.:; cn N Des Moines, IA 50328 ? y 3. Service Type CEJ ority Mail Express® II I ill I III 'I I I III VIII 1111 III I I( 0 Adult Signature Registered Mail O Adult Signature Restricted Delivery 0 Registered Mail Restricted 0 Certified Mail® Delivery 9590 9402 4495 8248 3532 47 o Certified Mail Restricted Delivery ❑Return Receipt for O Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 0 Signature Confirmation'. 0 Signature Confirmation 7 013 1710 0002 16 91 0551 Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ld!aoaa wnlall o!lsawoo £906-000-ZO-0E9L NSd 91.0Z AInf`I.1.28 wao.J Sd &lama°paloulsay Aanpao palpPlsal L E 5 0 169T 2000 0'C L 2 E T 0 .. uogeuuguo0 OJnleu6!S❑ ,,,�uo!leuuguop ejnleu6!s p Aian!laa Paloulsaa/uan!!aa uo laapo0❑ (lapel solnras Wadi�a�sue��J aagwnN e!oR Z as!pueuoJew. . .. /uen!le4 uo loalio°0 sol;dlaoab wnlay 0 kanpap paloulsay I!eW Pag!Pa0 0 0€ ZES€ 8VZ8 961717 Z0P6 06S6 nl9nyaa0141eW Pag!1ie0 0 Paloplsay IP PaaelSBeu 0 tianpep Paloulsalj aineu6!S 1InPV O 11111 VIII 11 I IIII III 1111 III III I I I wi.paaals!6ay 0 0,,,..s ow 0 ossa,dx3!!eIJlluoudi_ adA1ao!naas •E L r, ,- £EZZE 1 A 'gDea9 Dp.uelly (c,iT ._., )(1-- Iaans enlasu!Od 96T oNO o ag�sar$pe l�anpap aalua'S3 l 1, u u e w z l a is M as p u y '.!W seA 0 ,+i4 :!'incl luaaafl!p ssaappe kangap s! .0 :ol passajppy a!o!W •I. A/41-61.2f7 / •sl!waad coeds 1!luoai an uo ao � (/�[� 'aoa!di!ew ayl to>pal ail of paeo s!ql ioeliv • kan!laa to algia u/id) q pan!a 9 •g aassaappy p •no(ol paeo an u!nlai ueo am leyl os lua6V 0 ���X asaanai ail uo ssaappe pus awL'U anol(luud ■ u eanisu6!s v '£Pus'Z'I.swan e100wo0 ■ AHi3/11730 NO NO1103S S1H1 3137d1NO0 NOI103S SIHl 3137d141O0 :83a113S • CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE City of Atlantic Beach, Florida, Petitioner, vs. Andrew Stelzmann and Wells Fargo Home Mortgage, Respondents. SUBPOENA FOR CODE ENFORCEMENT HEARING To: Geoff Gartner Alexander Grace Consulting, Inc. 3010 S 3rd Street, Suite C Jacksonville Beach, Florida 32250 You ARE COMMANDED,pursuant to Fla. Stat. § 162.08(2), to appear before Jeb T. Branham, Special Magistrate, at the City of Atlantic Beach Commission Chambers at Atlantic Beach City Hall, 800 Seminole Road, Atlantic Beach, Florida 32233, beginning at 10:00 a.m. on October 31, 2019 to testify in this action. If you fail to appear, you may be in contempt. You are subpoenaed by Jeb T. Branham, Esq. acting as the code enforcement Special Magistrate for the City of Atlantic Beach and unless excused from this subpoena by the Special Magistrate, you shall respond to this subpoena as directed. Dated October 25, 2019 FOR THE CITY OF ATLANTIC BEACH dirJeb T. Branham, Special Magistrate Florida Bar no. 0296030 3500 3' Street South Jacksonville Beach, Florida 32250 Tel: (904) 339-0500 Fax: (904) 339-0501 You ARE NOTIFIED that ifyou are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact Jeb T. Branham, Esq., 3500 Third Street South, Jacksonville, Florida 32250, 904/339-0500 or within two working days of your receipt of this Subpoena. If you are hearing or voice impaired,call 1/800-955-8771. l CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner vs. Andrew Stelzmann, Served Via First Class and Certified Mail 196 Poinsettia Street Return Receipt Requested to Atlantic Beach, Fl 32233 7017 1000 0000 6991 1978 and Wells Fargo Home Mortgage Served Via First Class and Certified Mail Attn: Property Preservation Return Receipt Requested to 1 Home Campus 7017 1000 0000 6991 1596 Des Moines, Ia 50328 Respondents Property Address: 196 & 198 Poinsettia St. Atlantic Beach, Fl CASE NuivrBER: 14-00000980 REAL ESTATE NUMBER: 170636-0500 and 170630-0510 LEGAL DESCRIPTION: 10-16 21-2S-29E, SALTAIR SEC 3, BOTH HALVES OF LOT 684, ATLANTIC BEACH, FL ORDER ON CASE NO. 14-00000980 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on October 31, 2019 pursuant to the Order to Vacate and Demolish Property and Notice of Hearing issued by Building Official Dan Arlington on October 16, 2019, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, issues Findings of Fact, Conclusions of Law, and Orders as follows:: FINDINGS OF FACT 1. Respondent Wells Fargo Home Mortgage owns the property located at 198 Poinsettia Street, Atlantic Beach, Florida. 2. Respondent Andrew Stelzmann owns the property located at 196 Poinsettia Street, Atlantic Beach, Florida. 3. The Order to Vacate and Demolish Property and Notice of Hearing (hereinafter Order to Vacate and Demolish) was sent to both Respondents by certified mailing, hand delivery to Mr. Stelzmann, and posting on the property. 4. Regina Kozlowski, a real estate agent with Century 21 Lighthouse Realty, appeared at the hearing on behalf of Respondent Wells Fargo. 5. Respondent Andrew Stelzmann appeared at the hearing. 6. The property located at 198 Poinsettia has been the subject of code enforcement violations, fines, and fine reductions since 2014. 7. Wells Fargo acquired 198 Poinsettia by a certificate of title issued on or about July 1, 2019. 8. 196 and 198 Poinsettia is a two-unit townhouse structure with each unit owned independently. 9. The structure is wood-framed, three stories tall, and consists of two 14' wide by 28' long rectangles that are set against one another and share approximately 1/3 of the 28' long side. 10. The two units of the structure support one another. 196 Poinsettia would not be adequately supported standing on its own without 198 Poinsettia due, at least in part, to its height combined with the narrow width it would have as a free-standing structure. 11.The prior owner of 198 Poinsettia, Wayne Douglas Scott, had abandoned the property by at least 2016. 12.The condition of the 198 Poinsettia property has steadily deteriorated since it was abandoned. 13. 198 Poinsettia was found to be unfit for human occupancy in August 2016. 14. Wells Fargo's property manager retained structural engineer Geoff Gartner of Alexander Grace Consulting, Inc. to inspect 198 Poinsettia on August 8, 2019. 15. Gartner found that the structural failure of 198 Poinsettia was imminent. 16. Hurricane Dorian passed offshore of Atlantic Beach on or about September 5, 2019. Hurricane Dorian's winds did not exceed 40 mph in Atlantic Beach. 17. Following Hurricane Dorian's pass, additional damage at 198 Poinsettia was observed. This damage included the loss of a wall and the collapse of a floor such that a refrigerator fell through the floor. 18. Gartner inspected 198 Poinsettia again on September 25, 2019 and October 2, 2019. 19. Gartner found that 198 Poinsettia has now suffered substantial structural damage, and under the Florida Building Code, the entire structure at 196 and 198 Poinsettia must brought up to compliance with the current Florida Building Code if 198 Poinsettia were to rebuilt or demolished. 20. Atlantic Beach Building Official Dan Arlington has inspected 198 Poinsettia on numerous occasions, including after Hurricane Dorian's pass and shortly before this hearing. 21.Arlington testified that both 196 and 198 Poinsettia were in imminent danger of collapse in a high wind event. Arlington defined a high wind event as winds of 75 mph or above. 22.Arlington testified that 198 Poinsettia poses a flying debris hazard in a high wind event. 23. Gartner testified that 198 Poinsettia could collapse at any time. 24. Gartner testified and explained in his reports that when 198 Poinsettia collapses, the pull on the units' shared wall is likely to significantly damage 196 Poinsettia, and if the shared wall between the two units is compromised, the entire structure would collapse due to the floor systems of both units bearing on the shared wall. 2 25. Gartner testified that 196 Poinsettia could remain standing for months or perhaps years, although a risk of collapse is imminent due to the risks to 196 Poinsettia posed by 198 Poinsettia's condition and imminent collapse. 26. 198 Poinsettia poses a risk to nearby persons and property in a high wind event due to the flying debris that will be dislodged from it, that is already loose, or that will become loose. 27.The collapse of 198 Poinsettia poses a substantial risk of compromising the structure of 196 Poinsettia such that 196 Poinsettia will become unsafe to occupy at some unknown time in the future if it is not permanently shored. 28. 196 Poinsettia will be unsafe to occupy during any demolition of 198 Poinsettia and will remain so until such time as 196 Poinsettia is temporarily and then permanently shored. 29.The structure remaining at 198 Poinsettia cannot be repaired. 30. By Building Official Arlington's Order issued on October 16, 2019, Respondent Stelzmann has been ordered to vacate 196 Poinsettia, and both Respondents have been ordered to demolish their respective structures. Arlington's Order did not specify a time for compliance. CONCLUSIONS OF LAW 31. Fla. Stat. § 162.08(5) and Atlantic Beach Code § 2-149(5) authorize the Special Magistrate to issue orders commanding whatever steps are necessary to bring a violation into compliance. 32.The City of Atlantic Beach has, via Code § 6-120, adopted the International Property Maintenance Code (hereinafter IPMC) and incorporated it into its ordinances. 33. 198 Poinsettia is dangerous to life, health, property, and the safety of the public in violation of§ 108.1.1 of the IPMC due to the likelihood of partial or complete collapse. 34. 196 Poinsettia is also dangerous to life, health, property, and the safety of the occupants in violation of§ 108.1.1 of the IPMC due to the imminent collapse of 198 Poinsettia and the risk that the collapse of 198 Poinsettia will trigger the partial or complete collapse of 196 Poinsettia. 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: 35.Wells Fargo must submit a plan to bring 198 Poinsettia into full compliance with Atlantic Beach's code of ordinances no later than November 25, 2019. The plan must be submitted to Code Enforcement as well as all other departments that must issue any building or demolition permits that are necessary to implement the plan. If the plan includes demolition of 198 Poinsettia, it must provide for temporary and permanent shoring of the remaining structure so that it is safe for habitation and fully complies with Atlantic Beach's Code of Ordinances and the Florida Building Code. 3 f 36. If Respondent Wells Fargo fails to submit its plan on time, a fine of$125 per day shall accrue until such time as it submits its plan. 37.Respondent Wells Fargo must complete its plan and have 198 Poinsettia in full compliance with Atlantic Beach's Code of Ordinances no later than February 3, 2020. 38. If Respondent Wells Fargo fails to complete its plan and have 198 Poinsettia in full compliance with Atlantic Beach's Code of Ordinance no later than February 3, 2020, a fine of$125 per day shall accrue until such time as Wells Fargo completes its plan or the City of Atlantic Beach demolishes 198 Poinsettia. 39. Respondent Stelzmann must vacate 196 Poinsettia upon the commencement of any demolition of 198 Poinsettia and must remain out of 196 Poinsettia until such time as it is adequately shored, whether temporarily or permanently. 40. If Respondent Wells Fargo fails to comply with this Order, Petitioner City of Atlantic Beach is authorized, but is not obligated, to demolish 198 Poinsettia as early as February 4, 2020. If the City of Atlantic Beach proceeds with demolition of 198 Poinsettia and it determines that permanent shoring of 196 Poinsettia is not feasible or is economically wasteful, then the City of Atlantic Beach may proceed to demolish both 196 Poinsettia and 198 Poinsettia. 41. If the City of Atlantic Beach proceeds to demolish both 196 and 198 Poinsettia, Respondent Stelzmann must vacate 196 Poinsettia within 30 days of receiving written and posted notice from the City of Atlantic Beach to vacate but in no event will the City of Atlantic Beach order Respondent Stelzmann to vacate before February 4, 2020. 42. Respondent Wells Fargo shall be responsible for all costs incurred by the City of Atlantic Beach associated with enforcing or carrying out this order, including demolition and shoring, even if such costs pertain to 196 Poinsettia. DONE AND ORDERED THIS4jday of November 2019. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: /1074 lerk Je T. Branham, Special Lori Diaz, Deputy � Magistrate P Executed this LAX day of November, 2019. 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. 4 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. nature Iryc , , • Print your name and address on the reverse X 0 Agent so that we can return the card to you. ( �q o����f))s��,❑� Addressee • Attach this card to the back of the mailpiece, B. Receid flt�ektcp C 6.t +���Lof Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? El Yes If YES,enter delivery address below: ❑ No Udi,01, r e I 1 f 1) ._ • Inn(III IIII III II I I IIII III)III Service3.O Signature ,., 0 Priority tMail ❑Adult Signature Restricted Delivery El Registered Mail Restricted 9590 9402 2997 7094 0507 74 0 Certified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise • )elivery Restricted Delivery 0 Signature Confirmationn" 2 I 0 Signature Confirmation '7017 L 0 0 6991 1596 WI Restricted Delivery Restricted Delivery I (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ,, ..,,,,, 3,,, .,., D co o O W -w fat• CD D ? • sv w ¢• o, 0 co N N) C) co = 0) 1 I 614 (1)r.1 1 4hW Uw Ky. CIP1 .a fl ,.! h....1 MIIIIIMEN111111111 CI 41 Dlamna '�,7 n t- 1-1 0 pI O Psi tri pQnumem ell W u1 11 -0 tau —0 imommomin x• Z> m W vrt(Iz ...0 C - C3 © r.::.� o 0 3: Cn =t,1 Octm 0 N 0 :; a1 X U 1 DCO —i 6) > tit =L.0 v rn w {) 74 N 0 t. O..w_ ' F. 1pp 61 N N(JD N w I " w C� CO co j.• (". IT co O 1.1 1t. U1 �� A 10 r= a,' 7 ® $ ) . K § 15- E. E. § ƒ2 X)3 ) /\\ C 013 $2 E E \,� ))\ § ( 3 .g'6,•`-"•a• '50 `"2.5 77�c.�7< <a ) W { , .. s.43 8 { `� z=±«eji / \ /� 000 0 00 0 2 \ m ( 2 ) }] / f 0 o - . 0 a ) $ $ « c }f \ { 0a ) \ .1-2 § / - - I ®!� ® \ 2 0 &e !§ƒ3{ ) L 7 ' $§ ®22;)0a=-- k / ) *y Hi1 q a x 6 / )\\/) . ec=DDDO co e . 2 o / _ ® ( ± = N- ) § . # — © / f \ / _,v \ ) % j 2 « _ c ~ 1r 8 § §7 >\ — \ c / \ ) 0) o - mom / } ? \ ( 7 ]/ 2 = — \ £ � 2 m em o8 _ c { D r k © _ [ \ } - � — 7 3 r §- ® p ¢ _ o@ ,, { - a 22 » S 2 § ) §{ \ . 9 ( -) \ _ § e3� \ � / ° ® IT=E kk\ /kk $ } � ƒ z E {£ ; § f - ` � / 31 ; \ 0 & 2 / ■ ■ ■ w 1,-....------3-' ~� "- [ ,/1, "f'' CITY OF ATLANTIC BEACH r 1 at ,'i; 800 SEMINOLE ROAD ,,i, ,,-s, -s,,• . ATLANTIC BEACH,FL 32233 :Nti. —'-.'' (904)247-5800 US MAIL HAND DELIVERY AND POSTED CERTIFIED MAIL RETURN RECEIPT REQUESTED 7017 1000 0000 6991 2463 /7017 1000 0000 6991 2470 ORDER TO VACATE PROPERTY AND DEMOLISH PROPERTY NOTICE OF REHEARING November 22,2019 Mr. Andrew Stelzmann 196 Poinsettia Street Atlantic Beach, Florida, 32233 Wells Fargo Home Mortgage Attention: Property Preservation X2303-048 1 Home Campus Des Moines, IA 50328 Re: Two-unit Structure 196 and 198 Poinsettia Atlantic Beach, Florida, 32233 Real Estate Number: 170636 0500 and 170636 0510 Case Number: 14-00000980 Location of Violation: 196 and 198 POINSETTIA ST, 10-16 21-2S-29E, SALTAIR SEC 3,Both halfs of LOT 684 Atlantic Beach, Florida Dear Mr. Stelzmann and Ms. Snook, Our records indicate that you are the owners of the above referenced property. Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. 01195472-2 1 The City recently received request for rehearings dated November 14, 2019 and November 20,2019. CODE PROVISIONS IPMC, Section 108.1.1. An unsafe structure is one that is found to be dangerous to the life,health,property,or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment,or is so damaged,decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation,that partial or complete collapse is possible. IPMC, Section 109 Emergency Measures. 109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment,the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure,making the required repairs, removing the hazardous condition or of demolishing the same. IPMC, Section 110.1 General. The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure,which in the code official's or owner's authorized agent judgment after reivew is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure,to demolish and remove at the owner's option; or where there has been a sessation of normal construction of any structure for a period of more than two years,the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyone one year, unless approved by the building official. NOTICE OF HEARING In accordance with the special magistrates order dated November 21,2019 you are hereby notified and ordered to appear at the public hearing of the Code Enforcement Special Magistrate on December 2,2019, at 9:30 am at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road,to answer and be heard. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure,please contact the City Clerk's office within five days of the receipt of this notice at(904)247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. 01195472-2 2 I,P1(-) ai ZOKIleteby swear and affirm that the above statements are true and accurate. O ,tj . Angela Iri . is Code Enforcement Officer City of Atlantic Beach (904) 247-5855 aIrizarry@coab.us ATTEST: ,__ 1 a 2_, 1 Li...! I , Deputy City Clerk 4, cc: Brianna Snook Brianna.N.Snookawellsfargo.com 01195472-2 3 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse XON)doion.. Agent so that we can return the card to you. dressee • Attach this card to the back of the mailpiece, B. Received b (Printed Name) C. Date of Delivery or on the front if space permits. lk.6_,;=�,, 1.1114.i p 0 1. Article Addressed to: D. Is delivery a.Ort`,;j -reLlib' 1? Y-' \Ai l� If YES,enter%f^Try address•='•w: 0 No L t_ Plir4 0 , 2 �i��9 "; 14-00 ooDIW73(D tak ,c*...C, 3. Service Type Mail 1111111111111111111111 I I ( 1111 1111 0❑Adult Signature 0 Signature Restricted Delivery 0O Registered Mail Restricted 9590 9402 2997 7094 0505 90 0 Certified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise 2, n' '-io Ali in,hor/7•rancfer frnm.earvirn./when 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation" 0 Signature Confirmation 7 017 1000 0000 6991 2470 Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ' SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Signature - ■ Print your name and address on the reverse 0 Agent ' so that we can return the card to you. A/ // - _ L-Iddressee • Attach this card to the back of the mailpiece, B 'eceived by(Prir ed "e) C. Date o Del very or on the front if space permits. 0-1 1. Article ••,• : ed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No SW • • 1 11 1 1 III NM I I I I 1 I kiln III Service3.O B Mail 0 Signature Priority Express® AduSgnaurreRestricted Delivery 0 Registered Mail Restricted 9590 9402 2997 7094 0504 84 0 Certified Mail® Delivery 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation"' tail 0 Signature Confirmation 7017 1000 0000 6991, 2463 ja Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner vs. Andrew Stelzmann, Served Via First Class and Certified Mail 196 Poinsettia Street Return Receipt Requested to: Atlantic Beach, Fl 32233 7017 1000 0000 7000 2726 and Wells Fargo Home Mortgage Served Via First Class and Certified Mail Attn: Property Preservation Return Receipt Requested to: 1 Home Campus 7017 1000 0000 7000 2719 Des Moines, Ia 50328 Respondents Property Address: 196 & 198 Poinsettia St. Atlantic Beach, Fl CASE NUMBER: 14-00000980 REAL ESTATE NUMBER: 170636-0500 and 170630-0510 LEGAL DESCRIPTION: 10-16 21-2S-29E, SALTAIR SEC 3, BOTH HALVES OF LOT 684, ATLANTIC BEACH, FL ORDER DENYING RESPONDENT WELLS FARGO HOME MORTGAGE'S EMERGENCY RENEWED MOTION FOR EXTENSION OF TIME In response to the Special Magistrate's November 15, 2019 Order on Respondent Wells Fargo Home Mortgage's Request for Rehearing, on November 20 Wells Fargo filed a supplement to its request for rehearing and a request to extend its November 25, 2019 deadline to submit a plan for bringing 198 Poinsettia into compliance. On November 21, 2019, Well's Fargo's motion for extension of time was denied as to the deadline to submit the plan to temporarily shore the building. The request for extension was granted as to Wells Fargo's obligation to provide a permanent or full solution for achieving code compliance. That deadline was tolled pending rehearing. In its emergency motion, Wells Fargo says "[s]ince the issuance of the November 4, 2019 Order, Wells Fargo has attempted to obtain bids for the demolition and shoring . . . ." Wells Fargo has had the ability to control and maintain this property since well before May 2018. The need for immediate shoring was specifically identified over three months ago. Wells Fargo's engineer issued a report on August 15, 2019 that said "As soon as is physically possible, a qualified contractor should enter the Residence and install temporary shoring in order to stabilize the structure until plans are generated . . . ." The code enforcement order entered on November 4, 2019 ordered Wells Fargo to, among other things, provide a plan for temporary shoring no later than November 25, 2019. No one has ever provided any evidence that temporary shoring is impossible or impracticable. Indeed, Wells Fargo provided an email from a different engineer from November 14 that again advised immediate shoring. ORDER Based on the foregoing, Respondent Wells Fargo Home Mortgage's Emergency Renewed Motion for Extension of Time is DENIED. DONE AND ORDERED THIS 27 day of November 2019. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE A TEST: Lori iaz, Deputy -e Clerk Jeb T. Branham, Special Magistrate Executed this 27 day of November, 2019. 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. 2 U.S. Postal Service'' U.S. Postal Service`"' CERTIFIED MAIL° RECEIPTCERTIFIED MAIL° RECEIPT Domestic Mail Only Domestic Mail Only N For delivery information,visit our website at www.usps.coma. For delivery information,visit our website at www.usps.com fL D a ii C I r O ..C] Certified Mail Fee D 'Certified Mail Fee D D $ $ Extra Services&Fees(chock box,add fee as appropriate appropriate) Extra Services&Fees(check box,add fee as D Return Receipt(hardcopy) S D ❑Return Receipt(hardcopy) $ cj ❑Return Receipt(electronic) $ D ❑Return Receipt(electronic) $ Postmark D ❑Certified Mail Restricted Delivery $ Postmark D ❑0ertAied Mail Restricted Delivery $ D ❑Adult Signature Required $ Here O ❑Adult Signature Required $ Here ❑Adult Signature Restricted Delivery S EJ Adult Signature Restricted Delivery$ D Postage D Postage D $ a $ D Total Postage and Fees Total Postage and Fees t- N $ $ N 'Was ED Street and .,or $o /�% '"" '- - - "-�!'_:_4�1_L,LG _ r r pt.No.,or PO x o. pity,State,Z/P+4 k v T City,State,ZIP+4 k PS Form 3800,April 2015 PSN 7530.O2-000.9047 PS Form 3800,April 2015 PSN 753002-000.9047 See Reverse for Instructions See Reverse for Instructions U.S. Postal Service- c:3 CERTIFIED MAIL° RECEIPT z. Domestic Mail Only U.S. Postal Service`" tiFor delivery information,visit our website at www•usps.come, CERTIFIED MAIL° RECEIPT O " a' Domestic Mail Only 0 Certified Mail Fee O $ f1.1For delivery information,visit our website at www.usps.cone. Extra Services&Fees(check box,add fee as appropriate) D ❑Return Receipt(hardcopy) $ O 0 Return Receipt(electronic) $ p Certified Mail Fee -- Postmark O ci ❑Certified Mail Restricted Delivery $ S Extra Services&Fees(check box,add fee as appropriate) D ❑Adult Signature Required $ Here N 0 Adult Signature Restricted Delivery S 0 Return Receipt hardcopy) $ D Postage D ❑ReturnReceipt(electronic) $_ — Postmark D a ❑Certified Mall Restricted Delivery s Here D $ ❑Adult Signature Required S Total Postage and Fees D $ ❑Adult Signature Restricted Delivery$ .. _ CI Postage NAu iiiiD To — -.IV' I $OT Total Postage and FeesD a. o,or/sobio- t S City,State,ZIP+4b lam- Sen T -; PS Form 3800,April 2015 PSN 7530.02-0009047 D Met an pt. o.,or x 1P0. See Reverse for Instructions r- City,State,ZIP+44 U.S. Postal Service PS Form 3800,April 2015 PSN 7530-02.000-9047 See Reverse for Instructions CERTIFIED MAIL° RECEIPT `13 Domestic Mail Only RI r` For delivery information,visit our website at www.usps.como. R1 D mi Certified Mail Fee D N $ •Extra ervices&Fees(check box,add fee as appropriate) D 0 Return Receipt(hardcopy) $ O ❑Return Receipt(electronic) S Postmark D ❑Certified Mail Restricted Delivery $ Here D 0 Adult Signature Required $ ❑Adult Signature Restricted Delivery$ D Postage D I$ !Total Postage and Fees r-a S 1�J D ire t pi NandAd,orC4Qcox Mo. N City,State,ZIA+46 PS Form 3800,April 2015 PSN 7530.02-000.9047 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY . • Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse X � 0 Agent so that we can return the card to you. +r 4t ❑Addressee IIIAttach this card to the back of the mailpiece, B. Receiv by(Printed ame) .tete of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delive •., ,,L' Yes If YES,en er delivery addressbelo• o I ,\dir � \;(.- 1 r C bCM. 1111111111111111111111 I 11 III I I I I 3. Service Type Priority Mail Express® 0 Adult Signature ❑Registered MeV'', ❑Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 2997 7094 0504 15 0 Certified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 0 Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM 2. Article Number(Transfer from service label) I Mail 0 Signature Confirmatirn Restricted Deliver' 7p17 100 0000 700 271 I�MjilRestrictedDelivery , u y 2015 PSN 7530-02-000-9053 Domestic Return P OM..(3. ® 111 ., ,.....-: - M W N M 14 N N I a N N t. - d M 4- t, In O O mtrl .= ft m iv /n W m 44 = CA < LU < I...1- . o (I = (/) o u) z Q• In - . I N Nluu. — .= 0 � .-1 r —_ Z 1 ONGy Q — � zuul rn ru IN1 r)nzm `o— Q ��. D M W Z V1 _ O [e 7t m — 0 M s IV ,01 N= N j LU Irl= 411111 o. r..-- O H CI x CO H U p C Cr) Z m WI O CO a) m U ,-+ } S N 'i d O to .� !� A U m CU CU 1-- N m m .— U N C QN < a C in W (13 Q S • M M N N ▪ M L 'b (1.) R • W O k. U G 44' " V Mt O cc-4 _ C IDD moo =' — UogoQ (416 1.---- -� - - --- - � 2 ± ■ ■ ■ I o . \ ,,-4,. \ R � S2 / zm -J 5. ^ gm -3' ° / � / \ isom� } 05:*0 j _L g ( o _ %� ® ` « o _ Y § boo § - � } / . kjk � 2 ] / iv ca 2 2 / ( -o c3 - m e 2f (.0 } R » 3ap q 1 { 2 ƒ \ - 3 / - Cl ® e ej --"4 — mk / R = % 2 ) 2 // ` $ • / / D ` © �� �° m / 2 ( / - /\J Na S � 2 � \ $ ƒ 2 0 2 / _ f 7 CO 2 — 0 m . . e 2 2 ,c=one@ _ '@\\»k0 P R x » o i\-a®®\\ ~~ _ (r? 2 $KK ' KKJa° Kk _) g a ®`))(£([/ ®` 7 Q ƒ 2ro.g —c §3 a- .3 m [ ))® ` }\ / 7 ® \ SI \ \ \ \ 0 3 _ , '1 ` \ %\ 2 } _ } ) J co / ) // o 000 E} \ =c=73m ({#!»(2a ! 3 g .k.- ? -E»[\)E(» » - m _ aaalo kE[ O O # O ❑ \ /e? { \£{ z-< 0 > > -� � LT }T2 2a \ - ; ` m ® � ° .� ° k a CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGIS[RATE ORDER City of Atlantic Beach, Florida, Petitioner vs. Andrew Stelzmann, Served Via First Class and Certified Mail 196 Poinsettia Street Return Receipt Requested to: Atlantic Beach, Fl 32233 7017 1000 0000 6991 2401 and Wells Fargo Home Mortgage Served Via First Class and Certified Mail Attn: Property Preservation Return Receipt Requested to: 1 Home Campus 7017 1000 0000 6991 2418 Des Moines, Ia 50328 Respondents Property Address: 196 & 198 Poinsettia St. Atlantic Beach, Fl CASE NUMBER: 14-00000980 REAL ESTATE NUMBER: 170636-0500 and 170630-0510 LEGAL DESCRIPTION: 10-16 21-2S-29E, SALTAIR SEC 3, BOTH HALVES OF LOT 684, ATLANTIC BEACH, FL ORDER ON RESPONDENT WELLS FARGO HOME MORTGAGE'S MOTION FOR EXTENSION OF TIME ON CASE No. 14-00000980 In response to the Special Magistrate's November 15, 2019 Order on Respondent Wells Fargo Home Mortgage's Request for Rehearing, on November 20, Wells Fargo filed a supplement to its request for rehearing and a request to extend its November 25, 2019 deadline to submit a plan for bringing 198 Poinsettia into compliance, along with a request for more time to file an additional supplement to its motion for rehearing.Wells Fargo did not say how much time it needed for either. Previously introduced case notes show the 198 Poinsettia property has been in a nuisance condition and has been vacant or abandoned since at least 2016. Exhibit 2 introduced at the October 31, 2019 hearing shows Wells Fargo acquired legal title to 198 Poinsettia on June 19, 2019. A review of the Duval County Circuit Court's records of the foreclosure proceedings shows that the former owner of the property, Wayne Douglas Scott, defaulted on his mortgage no later than October 1, 2017.The mortgage Wells Fargo foreclosed authorized the mortgage holder to enter the 198 property for purposes of maintaining and preserving the property upon a default by the borrower. Wells Fargo sued for foreclosure in May 2018. Wells Fargo had two different foreclosure sales cancelled at its own requests, one made in December 2018 and the other in March 2019. By all appearances, Wells Fargo has had the ability to control and maintain this property since well before May 2018, and the property has been in a nuisance condition all that time. The August 15, 2019 report from Wells Fargo's engineer admitted as exhibit 10 at the October 31,2019 hearing on this matter stated"As soon as is physically possible, a qualified contractor should enter the Residence and install temporary shoring in order to stabilize the structure until plans are generated . . . ." The November 14, 2019 email from a different engineer that Wells Fargo attached to its supplement to its motion for rehearing said "we recommend that the north wall and the dislodged/damaged floor framing on all floors must be immediately shored . . . ." Although Wells Fargo has known of the immediate need for temporary shoring for more than three months, it appears it has not taken any action to accomplish that. The Special Magistrate finds that Wells Fargo's motion for rehearing and its supplement taken together provide sufficient basis for a rehearing. However, Wells Fargo has not provided a sufficient basis to justify an extension of its November 25, 2019 deadline as it pertains to plans to provide temporary shoring. As far as the November 25 deadline pertains to plans to provide a permanent solution for bring 198 Poinsettia into code compliance, that deadline is tolled pending rehearing. Such plans will be expected promptly after rehearing if they are required, and Wells Fargo should plan for this contingency. ORDER Respondent Wells Fargo Home Mortgage's Motion for Rehearing is GRANTED.A rehearing of this matter pursuant to Atlantic Beach Code of Ordinances §2-148(c) shall be held on December 2, 2019 at 9:30 a.m. at the city commission chambers of Atlantic Beach's city hall. Respondent Wells Fargo's request for an extension of the November 25, 2019 deadline to submit a plan to bring 198 Poinsettia into full compliance with Atlantic Beach's code of ordinances is DENIED as to providing a plan to temporarily shore the structure and GRANTED as to Respondent's obligation to provide a permanent or full solution for achieving code compliance. That deadline is tolled pending rehearing. If Respondent Wells Fargo fails to submit its plan for temporary shoring on time, a fine of$125 per day shall accrue until such time as it submits its plan. DONE AND ORDERED THIS 21 day of November 2019. 2 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATT ST: 1 / ori Diaz, Deputy j�,j lerk Jeb, . ranham, Special Magistrate Executed this 21 day of November, 2019. 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. 3 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner vs. Andrew Stelzmann, Served Via First Class and Certified Mail 196 Poinsettia Street Return Receipt Requested to Atlantic Beach, Fl 32233 7017 1000 0000 6991 2012 and Served Via First Class and Certified Mail Wells Fargo Home Mortgage Return Receipt Requested to Attn: Property Preservation 7017 1000 0000 6991 2005 1 Home Campus Des Moines, Ia 50328 Respondents Property Address: 196 & 198 Poinsettia St. Atlantic Beach, Fl CASE NUMBER: 14-00000980 REAL ESTATE NUMBER: 170636-0500 and 170630-0510 LEGAL DESCRIPTION: 10-16 21-2S-29E, SALTAIR SEC 3, BOTH HALVES OF LOT 684, ATLANTIC BEACH, FL ORDER ON WELLS FARGO'S REHEARING OF CASE NO. 14-00000980 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on December 2, 2019 pursuant to the Order on Respondent Wells Fargo Home Mortgage's Request for Rehearing on Case No. 14-00000980 executed on November 15, 2019. The Special Magistrate having received additional evidence and heard arguments respective to all appropriate matters, issues Findings of Fact, Conclusions of Law, and Orders as follows: PROCEDURAL HISTORY On October 16, 2019, Atlantic Beach Building Official Dan Arlington issued an Order to Vacate and Demolish Property and Notice of Hearing. The matter was heard by the Special Magistrate on October 31, 2019. The Special Magistrate issued an Order on November 4, 2019 that, in summary, required Respondent Wells Fargo to submit a plan by November 25, 2019 for bringing its property located at 198 Poinsettia into compliance with Atlantic Beach's Code and imposed fines of$125 per day for failure to timely submit a plan. The Order gave Wells Fargo until February 3, 2020 to complete its plan. The Order further authorized Atlantic Beach to demolish 198 Poinsettia, and 196 Poinsettia if necessary, no earlier than February 4, 2020, if Wells Fargo failed to achieve compliance by then. In response, Wells Fargo sought a rehearing and extensions of time to comply with the November 4, 2019 Order. Rehearing was granted. Wells Fargo's requested extension was denied as it pertained to submitting a plan for temporary shoring and granted, pending rehearing, as it pertained to submitting a plan for permanent compliance. FINDINGS OF FACT 1. All evidence received at the October 31, 2019 hearing was considered on rehearing. 2. All Findings of Fact made in the Special Magistrate's November 4, 2019 Order on Case No. 14-00000980 stand and are incorporated herein. 3. Respondent Stelzmann appeared at the hearing. 4. Respondent Wells Fargo appeared at the hearing through counsel Andrew J. Pekoe. 5. The City of Atlantic Beach's additional evidence submitted on rehearing consisted of Code Enforcement Officer Angela Irizarry's proffer of the agenda packet for December 2, 2019 and the transcript of the original hearing. 6. Atlantic Beach did not call any witnesses other than Ms. Irizarry on rehearing. 7. Respondent Andrew Stelzmann did not offer additional evidence on rehearing. 8. Respondent Wells Fargo Home Mortgage offered the report of EMA Forensics Associates, LLC dated November 20, 2019 as additional evidence. 9. Other than the report, Wells Fargo did not offer any additional evidence. 10. Wells Fargo intended to call Mujahid Mi of EMA as a witness at the hearing. However, Mr. Mi was not present when the hearing commenced at 9:30 a.m. nor when Wells Fargo's time to proceed arrived at 9:40 a.m. The hearing was recessed until 9:55 a.m. due to Mr. Pekoe's statement that Mr. Ali should be arriving from Daytona Beach within that time-frame. Mr. Ali was not present upon resuming, and Mr. Ali had not arrived by the time the hearing concluded at 10:08 a.m. 11.Atlantic Beach asked the Special Magistrate to increase Wells Fargo's daily fines from $125 to $250 per day and to specify that references to "shoring" in orders entered in this matter include bracing as well. The City did not ask for any other modifications to the prior order. 12.Respondent Andrew Stelzmann did not ask for any modifications to the prior order. 13. Counsel for Respondent Wells Fargo argued that the prior order could not be complied with because¶35 required Wells Fargo to submit plans for both temporary shoring and a permanent compliance solution by November 25, 2019, and Wells Fargo could not provide a plan for permanent compliance until after it temporarily shored the property. 14. Other than this, Wells Fargo did not identify any ways in which the prior order did not comply with the law or evidence. 15.The case notes taken into evidence show the 198 Poinsettia property has been in a nuisance condition and has been vacant or abandoned since at least 2016. 16. Wells Fargo acquired legal title to 198 Poinsettia on June 19, 2019. 17.The Duval County Circuit Court's records of the foreclosure proceeding through which Wells Fargo gained title to 198 Poinsettia shows that the former owner of the property, Wayne Douglas Scott, defaulted on his mortgage no later than October 1, 2017. 2 18.The mortgage Wells Fargo foreclosed authorized the mortgage holder to enter the 198 property for purposes of maintaining and preserving the property upon a default by the borrower. 19.Wells Fargo sued for foreclosure of the 198 Poinsettia property in May 2018. 20.Wells Fargo did not introduce any evidence regarding its efforts to comply with the prior order. Counsel for Wells Fargo said he had exchanged emails with Brianna Snook of Wells Fargo regarding her efforts to hire a contractor to remediate the property. This appears to have occurred subsequent to the entry of orders in this matter. Particularly absent was any suggestion of compliance efforts prior to the entry of the code enforcement orders, despite Wells Fargo being told by its own engineer, Alexander Grace Consulting, in August 2019 of the immediate need for temporary shoring. 21.Wells Fargo's counsel argued that it was impossible for Wells Fargo to provide a plan for a permanent compliance solution by November 25, 2019, but no evidence introduced in these proceedings, including three separate reports from Wells Fargo- retained engineers, establishes that. 22. Similarly, no evidence establishes that Wells Fargo could not have provided a plan for temporary stabilization of the property by November 25, 2019. In fact, the engineers' reports, including the August 2019 and the November 20 report, recommended immediate temporary shoring. 23. If it was impossible or even unusually difficult to provide a plan for temporary shoring, presumably both engineers would not have suggested doing that immediately. 24. Wells Fargo has never said how long it needs to produce any plans to achieve compliance. 25. The November 20 report did not materially contradict anything in Alexander Grace Consulting's prior reports in evidence nor did it mention costs or feasibility of leaving 196 Poinsettia intact as part of bringing 198 Poinsettia into compliance. 26. In fact, the November 20 report did not provide any new material information at all. 27. No evidence indicates that demolishing the 198 Poinsettia structure, temporarily shoring and bracing the 196 Poinsettia structure, and rebuilding the 198 Poinsettia structure is impossible nor has any evidence been offered about the cost of doing this versus something else. Indeed, no evidence regarding the estimated cost of doing anything has been provided. Wells Fargo's engineers have merely opined that doing so will likely require compliance with current codes, which is matter ultimately to be determined by the City of Atlantic Beach's building official. CONCLUSIONS OF LAW 28.All Conclusions of Law made in the Special Magistrate's November 4, 2019 Order on Case No. 14-00000980 stand and are incorporated herein. 29.Atlantic Beach Code § 2-148(c) governs rehearings. 30.The authorization given to the Special Magistrate by Fla. Stat.§ 162.08(5)and Atlantic Beach Code § 2-149(5) to command whatever steps are necessary to bring a violation into compliance is limited by constitutional protections for due process and property rights, among other limitations. 3 31.Neither Florida Statutes nor the Atlantic Beach Code of Ordinances authorize the Special Magistrate to require Respondent Stelzmann to abate the nuisance conditions on Wells Fargo's property that adjoins his homestead. 32.Neither Florida Statutes nor the Atlantic Beach Code of Ordinances authorize the Special Magistrate to allow or order Wells Fargo to demolish Respondent's Stelzmann's homestead as part of Wells Fargo's efforts to abate the nuisance conditions on its property. 33.A Florida municipality's police powers do authorize a municipality to enter private property to abate nuisances, and these powers include the demolition of private property, including residences. 34. However, nothing authorizes a code enforcement special magistrate to transfer or assign these police powers to a code violator to help the violator cure its own violations by demolishing other people's residences. 35.Wells Fargo has had the ability to control and maintain the 198 Poinsettia property since well before May 2018, and the property has been in a nuisance condition all that time. 36.Wells Fargo's claim that it was unable to develop a plan for bringing 198 Poinsettia into permanent code compliance until it first temporarily stabilized the structure is not supported by any evidence and is not credible. 37. Regardless, nothing suggests Wells Fargo is unable to produce a plan for temporarily stabilizing the structure. 38. Even if Wells Fargo's unsupported assertion that it could not simultaneously develop plans for temporary and permanent solutions is true, that would not have excused Wells Fargo's obligation to provide, at a minimum, a plan for temporarily stabilizing the structure. 39. At a minimum, Wells Fargo should have complied with those provisions of the November 4 Order that it could have complied with while it sought relief from those provisions it believed it was not possible to comply with. 40.Wells Fargo's failure to act upon the recommendation of its engineer made in August 2019 to shore the structure as soon as possible and to develop a temporary shoring plan by November 25, 2019 in response to the November 4 Order justifies authorizing the City of Atlantic Beach to enter the 198 Poinsettia Property immediately to stabilize the structure and abate nuisance conditions and to do so at Wells Fargo's expense. Neither the City, Respondent Stelzmann, nor the residents near the property should be required at this point to wait to see whether Wells Fargo will comply with this or any other future orders before the City is authorized to take any action it sees fit. 41. The unique circumstances of this matter justify a dual-track compliance and nuisance abatement plan in which the violator Wells Fargo is ordered to continue to take remediation action but the City is authorized to plan for and, if necessary, implement its own remediation actions at the expense of the violator, Wells Fargo. Wells Fargo remains free to save itself whatever money it can by taking prompt action before the City does. 42. Nothing precludes Wells Fargo from demolishing the 198 Poinsettia structure, temporarily shoring and bracing the 196 Poinsettia structure, and rebuilding the 198 Poinsettia structure, among other possible remedies for achieving code compliance. 4 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: 43. The provisions all 35 and 37-42 of the Special Magistrate's November 4, 2019 Order on Case No. 14-00000980 are vacated and replaced by the following provisions of this Order. All other provisions of the November 4 Order remain in effect. 44.The fines of$125 per day that began accruing against 198 Poinsettia on November 26, 2019 for Wells Fargo's failure to submit plans for achieving code compliance shall continue to accrue until such time as Wells Fargo submits a plan for temporary shoring and bracing or code compliance is otherwise achieved. 45.Wells Fargo must submit a plan to bring 198 Poinsettia into full and permanent compliance with Atlantic Beach's code of ordinances no later than December 31,2019. The plan must be submitted to Code Enforcement as well as all other departments that must issue any building or demolition permits that are necessary to implement the plan. If the plan includes demolition of 198 Poinsettia, it must provide for permanently stabilizing the remaining structure, whether by rebuilding 198 Poinsettia or otherwise, so that it is safe for habitation and fully complies with Atlantic Beach's Code of Ordinances and the Florida Building Code. 46. If Respondent Wells Fargo fails to submit its plan for permanent compliance on time, a fine of$250 per day shall accrue until such time as it submits its plan. This fine shall accrue in addition to the fine provided for in 1144 of this Order if Wells Fargo has still not submitted a plan for temporary shoring and bracing by December 31, 2019. This fine shall continue to accrue until such time as Wells Fargo submits a plan for permanent code compliance or until code compliance is otherwise achieved. 47.Respondent Wells Fargo must have 198 Poinsettia in full compliance with Atlantic Beach's Code of Ordinances no later than February 3, 2020. 48. If Respondent Wells Fargo fails to complete its plan and have 198 Poinsettia in full compliance with Atlantic Beach's Code of Ordinances no later than February 3, 2020, a fine of$500 per day shall accrue until such time as Wells Fargo completes its plan or 198 Poinsettia is brought into full compliance with the Code by whatever means. The accumulation of fines imposed under¶¶ 44 and 46 shall end if fines of$500 per day begin to accrue under this paragraph. 49. Respondent Stelzmann must vacate 196 Poinsettia upon the commencement of any demolition or temporary shoring and bracing of 198 Poinsettia and must remain out of 196 Poinsettia until such time as it is adequately shored and braced. Respondent Stelzmann must be provided with at least 10 days' notice to vacate his property for demolition of 198 Poinsettia or temporary shoring and bracing. 50.Petitioner City of Atlantic Beach is immediately authorized, but is not obligated, to enter either 196 Poinsettia or 198 Poinsettia as necessary to abate the nuisance conditions at 198 Poinsettia as necessary and to install shoring and bracing as necessary. 51. If Respondent Wells Fargo fails to submit a plan to bring 198 Poinsettia into full and permanent compliance with Atlantic Beach's code of ordinances by December 31, 5 2019, Petitioner City of Atlantic Beach is authorized, but is not obligated, to permanently abate the nuisance conditions at 198 Poinsettia, which abatement may include demolition. If the City of Atlantic Beach proceeds with demolition of 198 Poinsettia and it determines that permanent stabilization of 196 Poinsettia is not feasible or is economically wasteful, then the City of Atlantic Beach may proceed to demolish both 196 Poinsettia and 198 Poinsettia. 52. If the City of Atlantic Beach proceeds to demolish both 196 and 198 Poinsettia, Respondent Stelzmann must vacate 196 Poinsettia within 30 days of receiving written and posted notice from the City of Atlantic Beach to permanently vacate the existing structure, but in no event will the City of Atlantic Beach order Respondent Stelzmann to permanently vacate the existing structure before February 4, 2020. 53. Respondent Wells Fargo shall be responsible for all costs incurred by the City of Atlantic Beach associated with enforcing or carrying out this order. This includes demolition,shoring,bracing and the advance planning for those activities, even if such costs pertain to 196 Poinsettia, and even if such costs are incurred prior to any deadlines imposed on Respondent Wells Fargo. DONE AND ORDERED THIS 5 day of December 2019. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: "tip// 'LII_ d ` /_ _ Lori P iaz, Deputy Ci k J-f. Branham, Special Magistrate Executed this 5 day of December, 2019. 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. 6 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signat . • Print your name and address on the reverse X A o .. Agent so that we can return the card to you. ❑ ddressee • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. ilk 4 1 • 1404. 1. Article Addressed to: D. Is delivery ad.'. • 12 If YES,enter'=• • t)1/4JAS FaN 0) r� .1dw: 0 No cP 0`9 filseirottimi � � • k4-Lv O 9 P� 11111 I'I' III 111111 I 11 1 WHIM III III I 3.0 Service Type t‘'' 0 Priority Mail Express® Adult Signature 0 Registered MailT'" O Adult Signature Restricted Delivery 0 Registered Mail Restri'' 9590 9402 2997 7094 0506 20 O Certified Mail® Delivery O Certified Mail Restricted Delivery 0 Return R- O Collect on Delivery Mercha' 9 1 rti,,Io t,,.,,..,,,.. r_-'-_ in Delivery Restricted Delivery 0 Signs' Signz 7 017 1000 0000 6991 2 418 w MaailaiRestricted Delivery ❑Rests I..(over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Raceipt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ilk ` II Print your name and address on the reverse X ' e't so that we can return the card to you. 0 Addressee ■ Attach this card to the back of the mailpiece, B. Received (Printed Name) C. •ate of Delivery or on the front if space permits. ` j P I 1. Article Addressed to: D. Is delivery addre 'different fIDm fteg 1 0 Yes If YES,enter d livery addre ;belo 0 No \.,jstA1 5 FC\-11% .,:, ___. m U to 4___ • U i� ��� \\ S to 46 r 1 W 'O 11111 111 II I I I I I I I 1111 I I I I I 3. Service Type D Adult Signature 0 Priority Mail Expresso 0 Registered Mail'"' ❑Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 2997 7094 0504 39 0 Certified Mail® Delivery 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number(Transfer from service lateen 0 Collect on Delivery Restricted Delivery O Signature Confirmation'"' lail 0 Signature Confirmation 7017 1000 0000 6991 2005 vy lail Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signat e IIPrint your name and address on the reverse x�' 0 Agent — so that we can return the card to you. b Addressee • Attach this card to the back of the mailpiece, B -eceived by(Pri te• ame) C. Date.f Delivery or on the front if space permits. 4- 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No -s-k-i1 (kr\n 4 C- 11111111111111111111 IIIIIIIIIIIIIISIIIII I 1 I I II I II II III 3. Service 1iority Mail Express® ❑Adult SignatuTyre Restricted Delivery 0 Registered Mail'. 0 RegisteredMail Restricted 9590 9402 2997 7094 0506 37 0 Certified Mail® Delivery o Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 0 Signature Confirmation," 'ed Mail 0 Signature Confirmation 7 017 1000 0000 6991 2401 'ed Mail Restricted Delivery Restricted Delivery -$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt t Gv. 1� Yc, n = (/) o " Bto B. a CE) 0 143 o(fdfC A) -- = a � 0. A n A) W N N W W D L v rn 7 -- (S) = 73 > �' O = -. Q (D (D (D o n . (/1 ;IA (,) (D t—' ......... I"'- N 0 �11i1 FC1 M 2. w (D ro v ifti Nrr N UJ o R w o iC n H o 7,1- , ' l X 0- EEM:.1:, 3 H C. Z =• u, m • 77. N —w nJ c E-1 imminwliiimilMil =-4. z rn w ru Ot WCCD - Ni N ' — _w z mr v -I>-- rn „Lr:;\., - 0HO N _.• t. CSvm +{ o O .7.U, D m O to CO <301 i } - .s F' o 1 �. h O n • =. 6? v — - CD C550 .�01 �., 71 N NN r cru o„, 01 A 10 n d . T. —-- \ .. iii L.' tCE /t « t {# )(® k !; � ) /\ ,\ , £]] tfy= EG s >- z k \\/ 2O ED O 2145-g >7 � \ G( ] c- ®e ;= o ,2}{ki) \D ) \O 000000 c cc j . f) {# i a 1 -R </ a ° 2 2 \ \ )\ 7 \ cc \ Fs J �a ) \ q \ �( iIII ! - /e y ,u Q. c ) {/ \\\)-e\\} u• a X a d e//\(\\/ ru e Z 2 2 2 \ = a ) > - = f Cr a § / \ \ ) � \ \ � § O � , _ � _ \ § �\ \ • . J \ (.0 2 \ § / CD '� � E § F.- C -0—C \ 2 2 r R a c = •a _ % k m § Lu - g 2 2 L / \ ƒ 2 § � / tom = / oo * 2 G ° { ) 7 » e G § ° ®tea . $ o/ ®± .0 IIIMMIII / k q 1 / ®° 7 , / } l EfaaG » - EI § AIa \ b & \ \ m ■ ■ ■ _ ' .� a a. Doc#2020026284,OR BK 19091 Page 1470, Number Pages:1 Recorded 02/03/2020 10:46 AM, RONNIE FUSSELL CLERK CIRCUIT COURT DUVAL COUNTY Prepared By, Record and Return To: RECORDING $10.00 Donna L. Bartle, City Clerk City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 RELEASE OF LIEN The undersigned, does hereby certify that a certain lien, in favor of the City of Atlantic Beach and against Wayne Douglas Scott, dated July 30, 2019 upon the following described properties situated in the County of Duval, State of Florida,to-wit: RE# 170636-0510 Lot N1/2 Lot 684, Saltair Sec 3 and verified statements and claims for said lien being recorded in Official Record Book 18889,Page 1223 (2 pgs), current public records of Duval County, Florida, on August 6, 2019 is fully satisfied, released and discharged, the claims secured thereby having been paid in full, and the Clerk of said county is hereby authorized and directed to discharge same upon the record thereof,according to the statute in such case made and provided. In witness whereof, the undersigned has set his hand and official seal this 21st day of January, 2020. Signed, sealed and delivered in our presence; CITY OF ATLANTIC BEACH (Seal) B ,,L_ 4 Attest: ,%4 Gfirc.iet 'f6L' t S Corbin, City Manager Donna L. Bartle, City Clerk STATE OF FLORIDA COUNTY OF DUVAL Sworn to and subscribed to me this 2( day of 3 611U 0 r ' , 2020 by Shane Corbin and Donna L. Bartle who are personally known to me, and who did ndt take an oath. :; " LORI DIAZ ! LggipN#t30Z78386 ll MY ,tiosismber (07.-41- e i ,: ,�.; sonapb1o13i>Me �s j No Public, State of Flori'40.rge �` RONNIE FUSSELL NE ';;;'q y Receipt#: 3788935 °gno ���'4v\ Clerk of the Circuit Court ' c i ,) ' s 501 W Adams * y * Jacksonville,FL 32202 = Tel.(904)255-2000 .a 4 e°"rl••;.,:4=. " r w http://www.duvalclerk.com/ http://oncore.duvalclerk.com/ Trans#: 3927114 Cashier Date: 2/3/2020 10:46:00AM CUSTOMER INFORMATION TRANSACTION INFORMATION PAYMENT SUMMARY LORI DIAZ Date Received: 2/3/2020 10:43:50AM Total Fees: $10.00 Location: BEACH Total Payments: $10.00 Return Code: OVER THE COUNTER Balance Due: $0.00 Trans Type: Recording Cash Tendered: $10.00 Cashier: TESTRADA Change: $0.00 Payment CASH $10.00 Official Record RELEASE BK/PG: 19091/1470 DOC#:2020026284 Pages: 1 Date:2/3/2020 10:46:00AM Grantor: BEACH ATLANTIC CITY OF/Grantee:SCOTT WAYNE DOUGLAS Recording $10 1st page, $8.50 each add'I - 1 $10.00 Print Date: 2/3/2020 10:46:03AM Page 1 of 1 ry\J, ,.,,r) , `ss\ssCITY OF ATLANTIC BEACH '\_ . 800 SEMINOLE ROAD !. _...."=" ATLANTIC BEACH,FL 32233 M� (904)247-5800 �'JF319r US MAIL CERTIFIED MAIL RETURN RECEIPT REQUESTED 7018 2290 0001 0116 8435 / 7018 2290 0001 0116 8442 NOTICE OF HEARING February 3, 2020 Mr. Andrew Stelzmann 158 Poinsettia Street Atlantic Beach, Florida, 32233 Wells Fargo Home Mortgage Attention: Property Preservation X2303-048 1 Home Campus Des Moines, IA 50328 Re: Two-unit Structure 196 and 198 Poinsettia Atlantic Beach, Florida, 32233 Real Estate Number: 170636 0500 and 170636 0510 Case Number: 14-00000980 Location of Violation: 196 and 198 POINSETTIA ST, 10-16 21-2S-29E, SALTAIR SEC 3, Both halfs of LOT 684 Atlantic Beach, Florida Dear Mr. Stelzmann and Ms. Snook, Our records indicate that you are the owners of the above referenced property. Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. STATEMENT OF CODE ENFORCMENT OFFICER: On January 31, 2020, Mr. Andrew Stelzmanna and Mr. Andrew Pekoe, counsel for Wells Fargo attended voluntary mediation at City of Atlantic Beach City Hall. A settlement was agreed upon by both parties. On February 3, 2020 a Quit Claim deed was executed from Mr. Stelzmann to Wells Fargo for his property at 196 Poinsettia and Mr. Stelzmann has agreed to vacate the 1 property no later than February 9, 2020. Wells Fargo intends to demolish the entire structure once the property has been vacated. Fines have been accruing on the property as a result of the banks failure to submit plans for temporary shoring and plans for permanent compliance by the required deadlines. The City Manager agreed to request a release of the fines on the property from the Special Magistrate. CODE PROVISIONS IPMC, Section 108.1.1. An unsafe structure is one that is found to be dangerous to the life, health, property, or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. IPMC, Section 109 Emergency Measures. 109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. IPMC, Section 110.1 General. The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure, which in the code official's or owner's authorized agent judgment after reivew is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove at the owner's option; or where there has been a sessation of normal construction of any structure for a period of more than two years, the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyone one year, unless approved by the building official. NOTICE OF HEARING You are hereby notified and ordered to appear at the public hearing of the Code Enforcement Special Magistrate on March 5,2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road,to answer and be heard. 2 You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at(904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. IA(1Cjo tC1 3\R..Q.c hereby swear and affirm that the above statements are true and accurate. dilgr. Angela ' Code Enforcement Officer City of Atlantic Beach (904) 247-5855 aIrizarry@,coab.us ATTEST: q.it I I a Z , DeputyCity Clerk rl cc: Brianna Snook Brianna.N.Snook@wellsfargo.com Andrew Stelzmann 196 Poinsettia I ' Atlantic Beach, FL 32233 �, �Ze UPS A US Mail Cer-{�fjec1 Mrz"l f-�urn R 2 7071 I 000 0000 1000 31 -74 3 Si 3 4 s\ CITY OF ATLANTIC BEACH 1::r } 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 (904)247-5800 fsiIEJ US MAIL HAND DELIVERY AND POSTED CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 0100 0001 0787 5046 / 7018 2290 0001 0116 8404 NOTICE OF HEARING December 30,2019 Mr. Andrew Stelzmann 196 Poinsettia Street Atlantic Beach,Florida, 32233 Wells Fargo Home Mortgage Attention: Property Preservation X2303-048 1 Home Campus Des Moines, IA 50328 Re: Two-unit Structure 196 and 198 Poinsettia Atlantic Beach, Florida, 32233 Real Estate Number: 170636 0500 and 170636 0510 Case Number: 14-00000980 Location of Violation: 196 and 198 POINSETTIA ST, 10-16 21-2S-29E, SALTAIR SEC 3,Both halfs of LOT 684 Atlantic Beach, Florida Dear Mr. Stelzmann and Ms. Snook, Our records indicate that you are the owners of the above referenced property. Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. 01195472-2 1 CODE PROVISIONS IPMC, Section 108.1.1. An unsafe structure is one that is found to be dangerous to the life,health,property, or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. IPMC, Section 109 Emergency Measures. 109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. IPMC, Section 110.1 General. The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure, which in the code official's or owner's authorized agent judgment after reivew is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure,to demolish and remove at the owner's option; or where there has been a sessation of normal construction of any structure for a period of more than two years, the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyone one year, unless approved by the building official. NOTICE OF HEARING You are hereby notified and ordered to appear at the public hearing of the Code Enforcement Special Magistrate on January 9,2020, at 2:00 PM at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to follow up on the status of the standing Special Magistrate's order to bring the property into compliance, answer and be heard. 01195472-2 2 You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure,please contact the City Clerk's office within five days of the receipt of this notice at(904)247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. Ar\&.kst .\2q1Uhereby swear and affirm that the above statements are true and accurate. 0:\(\36Q31."." Angela Iriz Code Enforcement Officer City of Atlantic Beach (904)247-5855 aIrizarry@coab.us ATTEST: Lori Diaz, Deputy City Clerk rd A ( _, IL , Deputy City Clerk cc: Brianna Snook Brianna.N.Snook@wellsfargo.com 01195472-2 3 CERTIFIED MAIL . :* City of Atlantic Beach r FIRST CLASS tiA _ al 800 Seminole Road �006 801� 0���L V ... Atlantic Beach, Florida 32233 d.r,r, ;.1.-;› c_.i 7018 2290 0001 011ii,Tk�# 041M11299654 1‘ I \ L.///v-) r. Andrew Stelzmann NIXIE 322 DE 1 0001/28/20 '6 Poinsettia Street :lantic Beach, Florida, 32233 RE TURN ' 4 SE N DE P UNCLAIMED UNABLE TO FORViARD ' 'I ran mpMnrfaorp 3C: 32233546149 *2787-94034-28-25 ,c 322 9 `>s 4illi i11 111111111,11 111,1111111i1l1i11lli111111111111111111ilidi'11 SETTLEMENT AGREEMENT IT IS HEREBY STIPULATED by and between Wells Fargo Bank, N.A. (the "Bank') and Andrew Stelzmann (known collectively as "the Parties")as follows: RECITATIONS 1. The Bank is the current owner of the property located at 198 Poinsettia Street, Atlantic Beach, Florida 32233, more accurately described as follows: THE NORTH 1/2 OF LOT 684, SALTAIR, SECTION 3, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 16 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. 2. Andrew Stelzmann is the current owner of 196 Poinsettia Street, Atlantic Beach, Florida 32233, more accurately described as follows: THE SOUTH 1/2 OF LOT 684, PLAT OF SECTION NO. 3 SALTAIR, ACCORDING TO PLATE THEREOF AS RECORDED IN PLAT BOOK 10. PAGE 16 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. 3. 198 and 196 Poinsettia Street are two attached townhouse units, with a shared common wall between the two units. 4. The prior owner of 198, allowed the property to go into grave disrepair, resulting the partial collapse of the structure at 198. 5. To date, the structure at 198 continues to deteriorate, posing a risk to not only unit 196 4' but to all residents in the immediate area of the properties. 6. The state of the property at 198 and the nature of the two structures as a duplex, requires the immediate attention and action of both the Bank and Andrew Stelzmann. 7. The Parties understand the urgent nature of the disrepair and have entered into good faith negotiations to resolve these issues. 8. It is with this structural and health issues in mind, that the Parties have now entered into agreement as follows: Case No. Page 1 of 6 ***BRSC Case Number*** 18-F01153 IIIII111111111111111l1011IDI1010111lll1 IIH Il 1 II ID Ilifi lIl HID III 1 III TERMS 9. The Bank shall purchase the property located at 196 Poinsettia Street, Atlantic Beach, Florida 32233 for the price of$208,000.00. 10. This figure represents the agreed upon the value of 196 Poinsettia Street at $338,000.00, minus the approximate value of the lots comprising 196 and 198 Poinsettia Street, or $130,000.00. 11. Upon execution of a Quit Claim Deed from Andrew Stelzmann as Grantor to the Bank as Grantee, the Bank shall wire $208,000.00 to be kept in trust with its Attorney, undersigned. 12. The undersigned counsel shall hold the deed in trust until the time necessary to record the deed in the public record. 13. The Bank shall then use a partial amount of those funds to satisfy the mortgage currently attached to Andrew Steltzmann's property. 14. Once satisfaction of the Stelzmann mortgage is confirmed, the Bank shall then wire the remaining funds directly to Mr. Stelzmann. 15. Once the remaining funds are released, the undersigned counsel shall remove the deed from trust and record said deed with the Official Records of Duval County, Florida. 16. Upon confirmation of the recording of the deed, the Bank shall then have free leave to demolish both the units located at 196 and 198 Poinsettia. 17. Andrew Stelzmann shall have until February 8, 2020 to enter the premises at 196 Poinsettia and remove his personal property. Any property left behind after February 9, 2020 shall become the personal property of the Bank. 18. Upon successful demolition and confirmation that the demolished properties are within compliance with City of Atlantic Beach Code and Regulations, the Bank shall initiate the transfer of both 196 and 198 Poinsettia as a gift transfer to Andrew Stelzmann ("second deed"). ADDITIONAL TERMS AND PROMISES 19. Recitals. The above recitals are true and correct and are incorporated herein by reference as a material and integral part of this Agreement. 20. Further Assurances. The Parties agree to do all acts and things and to make,execute, acknowledge, and deliver such written documents, instructions, and/or instruments in such form as shall from time to time be reasonably required to carry out the terms and Page 2 of 6 18-F01153 provisions of this Agreement, including but not limited to, the execution, filing, or recording of any reporting documents, affidavits, deeds, agreements. The Parties further agree to give reasonable cooperation and assistance to the other Party hereto in order to enable such other Party to secure the intended benefits of this Agreement. 21. Jurisdiction to Enforce Terms. The Parties shall request that the Circuit Court in and of Duval County, Forida have jurisdiction over the Parties and the subject matter to enforce the terms of this Agreement. 22. Counterparts. This Agreement may be executed in a number of multiple identical counterparts which, when taken together, shall constitute collectively one (1) agreement, but in making proof of this Agreement it shall not be necessary to produce or account for more than one such counterpart executed by the Party to be charged. For purposes of this Agreement, signatures by facsimile or electronic means shall be considered as valid original signatures. 23. Modification. This Stipulation shall not be changed, amended or modified except in writing, executed by all the Parties hereto. 24. Review of Agreement. The Parties have carefully read and understand the effect of this Agreement. The Parties have had the assistance of separate legal counsel in carefully reviewing, discussing and considering all terms of this Agreement. 25. Voluntary Act. The Parties execute this Agreement as a free and voluntary act, without any duress, coercion or undue influence. 26. Reliance Only on Representations Herein. The Parties execution of this Agreement is not based upon reliance upon any representation, understanding or agreement not expressly set forth herein. 27. Severability. If any clause or provision of this Agreement is determined to be illegal, invalid or unenforceable under any present or future law by the final judgment of a court of competent jurisdiction,the remainder of this Agreement shall not be affected thereby. It is the intention of the Parties that if any such provision is held to be illegal, invalid or unenforceable,there shall be added, in lieu thereof, a provision as similar in terms to such provision as is possible which shall be legal, valid and enforceable. 28. Binding Effect. This Agreement shall be binding on, and shall inure to the benefit of, the Parties hereto and their respective administrators, representatives, successors, and assigns. 29. Headings and Captions. The headings and captions inserted into this Agreement are for convenience only and in no way define, limit or otherwise describe the scope or intent of this Agreement, or any provision hereof, or in any way affect the interpretation of this Agreement. 30. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and of the United States of America and the rules and regulations promulgated under the authority thereof. The Parties expressly acknowledge and agree that the exclusive jurisdiction of all disputes between the Parties Page 3 of 6 18-F01153 shall lie exclusively with the State Circuit or County Court sitting in Duval County, Florida. 31. WAIVER OF JURY TRIAL. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER DOCUMENT CONTEMPLATED TO BE EXECUTED IN CONNECTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE BANK ENTERING INTO THIS AGREEMENT. 32. No Drafting Presumption. This Agreement shall not be construed more strongly against any party regardless of who is responsible for its preparation. The parties acknowledge that each contributed to and is equally responsible for preparation of this Agreement. 33. Integration Clause: This Agreement constitutes the entire and final agreement between the Parties as to these matters and has been fully negotiated and accepted by the parties. This Agreement is intended to supersede any prior or contemporaneous written or oral agreements. There are no agreements, understandings, warranties, or representations among the Parties except as set forth herein. 34. Time Is Of The Essence. Time is of the essence with respect to the performance of any and all provisions of this Agreement. 35. Notices. All notices and other communications delivered hereunder(whether or not required to be delivered hereunder) shall be deemed to be sufficient and duly given if contained in a written instrument: (a) personally delivered; (b) sent by nationally- recognized overnight courier guaranteeing next business day delivery; or, (c) sent by first class registered or certified mail, postage prepaid, return receipt requested, in each case addressed to the address set forth opposite the addressee's name, with a copy to their counsel, as set forth below: As to Andrew Stelzmann: 158 Poinsettia Street Atlantic Beach, FL 32233 As to the Bank: Wells Fargo Bank,N.A. c/o Andrew J. Pekoe, Esq. Attorney for Wells Fargo Bank 2001 NW 64th Street, Suite 130 Fort Lauderdale, Florida 33309 Page 4 of 6 18-F01153 andrew.pekoena,brockandscott.com 36. Effective Date. This Agreement shall be deemed to be effective on the Date that it is signed by all Parties hereto. THE REST OF THIS PAGES IS LEFT INTENTIONALLY BLANK (Signatures on the following page) Page 5 of 6 18-F01153 IN WITNESS WHEREOF, each of the Parties hereto has executed this Agreement on the date set forth opposite his, her, or its name below. The undersigned hereby certify that they have read and fully understand all of the terms, provisions, and conditions of this Agreement and have executed this Agreement voluntarily. Dated:P/14Y/ , 2020 SGC A rew A. Ste( l*ih 3 t 40, Dated: 34,0(.41� 2020ati,y Authorized Representative of Wells Fargo Bank, N.A. Name: Andrew J. Pekoe, Esq, FBN: 100347 Title:Attorney� f ells F rgo Bank,N.A. Dated: 1. .3/ .10, 2020 (4).OC�► William Cooper, Esq. Witnessing as Mediator,No. 16123R Page 6 of 6 18-F01153 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner vs. Property Address: 196 & 198 Poinsettia Street Atlantic Beach, FL Andrew Stelzmann First Class and Certified Mail Return Receipt 196 Poinsettia Street Requested: Atlantic Beach, FL 32233 7017 1000 0000 7000 2931 and Wells Fargo Home Mortgate First Class and Certified Mail Return Receipt Attn: Property Preservation _' Requested: 1 Home Campus 7017 1000 0000 7000 2900 Des Moines, IA 5032 Respondents. - ~ ' � l CASE NUMBER: 14-00000980 3/4 REAL ESTATE NUMBER: 170630-0510 LEGAL DESCRIPTION: 10-16 21-2S-29E, SALTAIR SEC 3, NORTH HALF OF LOT 684, ATLANTIC BEACH, FL ORDER IMPOSING FINE ON CASE No. 14-00000980 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on January 9, 2020, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders as follows: FINDINGS OF FACT 1. Notice of this hearing was sent by Certified Mailing to Respondents. 2. Respondent Wells Fargo did not appear at the hearing. 3. The only issues brought before the Magistrate for consideration at this hearing was the entry of an order that could also serve as a lien for fines imposed under a previously-entered order in this matter. 4. This matter was previously heard on October 31, 2019 and reheard on December 2, 2019. 5. The Order on Case No. 14-00000980 resulting from the October 31 hearing was executed on November 4, 2019. 6. The Order on Wells Fargo's Rehearing of Case No. 14-00000980 was executed on December 5, 2019. 7. Both orders control this matter. The December 5 Order is in full force and effect, as is the November 4 Order except as modified by the December 5 Order. 8. Daily fines of$125 per day began accruing on Wells Fargo's 198 Poinsettia property on November 26, 2019. 9. The December 5 Order required Wells Fargo to submit a plan for permanent code compliance by December 31, 2019 or incur daily fines of an additional $250 per day. 10.Wells Fargo had not submitted a plan for permanent code compliance as of the January 9, 2020. 11.Respondent Wells Fargo's attorney objected to not being personally notified of the hearing. 12.At the time of the hearing, Wells Fargo did not have any pending requests for relief pertaining to this matter. 13. Well Fargo's only objection to the lack of notice given to its attorney pertained to a possible request it might make in the future for a reduction of the fine. CONCLUSIONS OF LAW 14.Neither state law nor Atlantic Beach's code of ordinances requires notices of hearings to be sent to property owner's attorneys. 15. Even if a property owner's lawyer should be notified of a hearing, Wells Fargo did not have any objections that pertained to the accrual of fines for its non-compliance with orders that had already been entered. 16.Nothing precludes Wells Fargo from making a request for a reduction in fines at some point in the future. 17.Fines of$125 per day began accruing against Wells Fargo's property at 198 Poinsettia on November 26, 2019 and continue to accrue on a daily basis until such time as Wells Fargo submits a plan for temporary shoring and bracing or code compliance is otherwise achieved. 18.Additional fines of $250 per day began accruing against Wells Fargo's property at 198 Poinsettia on December 31, 2019 and continue to accrue on a daily basis until such time as Wells Fargo submits a plan for permanent code compliance or code compliance is otherwise achieved. 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: 19. Respondent Wells Fargo is found in violation for non-compliance with the code enforcement orders executed on November 4,2019 and December 5,2019 and failed to obtain compliance on or before November 26, 2019 and December 31, 2019. 20. The Special Magistrate orders that a fine of$125 per day for the first day and$125 for every day thereafter while the violation continues to exist be imposed commencing on the first day, November 26, 2019. 21. The Special Magistrate further orders that a fine of$250 per day for the first day and $250 for every day thereafter while the violation continues to exist be imposed commencing on the first day, December 31, 2019 22. In addition, fines shall include the administrative costs to the City incurred in prosecuting this case, which costs shall include outside engineers, architects, and consultants related to the city's own efforts to bring the property into compliance of abate the nuisance at 198 Poinsettia. 2 23. Respondent Wells Fargo is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance. 24. Failure to pay all accumulated fines will result in a lien being placed against the property at 198 POINSETTIA, PARCEL NO. 170636-0510, LEGAL DESCRIPTION 10-16 21-2S- 29E, SALTAIR SEC 3, NORTH HALF OF LOT 684, ATLANTIC BEACH, FL 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 10%per annum from date of certification until paid. DONE AND ORDERED THIS 31 DAY OF JANUARY, 2020. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: /s/Jeb Branham Lori Diaz, Deputy Ci ! erk Jeb T. Branham, Special Magistrate Executed this 31 day of January, 2020. PLEASE NOTE: Florida Statutes § 162.11, states that an appeal of this order shall be filed in circuit court within thirty (30) days of this order's execution. U.S. Postal Service' TM CERTIFIED MAIL® RECEIPT U.S. Postal Service ° Domestic Mail onry CERTIFIED MAIL RECEIPT tr. For delivery information,visit our website at www.usps.com . m Domestic information,visit our website at vommus s.com . D D Certified Mail Fee niiiiiM1111111" Extra Services&Fees(check box,add fee as appropriate) D D 0 Return Receipt(hardcopy) $ r" Extra Services&Fees(check box,add tee as approPdate) D ❑Return Receipt(electronic) $ Postmark ❑Return Receipt(hardcnPY) $ postmark im ❑Certified Mail Restricted Delivery $ Here D 0 Return Receipt(electronic) $�— Here ❑Adult Signature Required $ 173 ❑Certified Mail Restricted Delivery $�— ❑Adult Signature Restricted Delivery$ C210 Adult Signature Required $ D Postage D ❑Adult signature Restricted Delivery$rl .----- $ 111111111111111111111111111 Total Postage and Feesrg D N Sent To a delis fang° 11-1-000009O a i�r—000c 8__a-___--- D r San`T°dr l� S-�Ql_ ___Yv?__._Y1� Street and-Apt.No.,or Frb Box No. � � � D treat and Apt.No.,or PO ox No. City,State,ZIP+4e N City,State,ZIP+4e PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions rll 2015 PSN 7530-02-000-9047 See Reverse for Instructions 3 PS Form 3800,Ap •ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse 0 Agent so that we can return the card to you. � / ■ Addressee • Attach this card to the back of the mailpiece, °• Received by(Prin d N e) C. Date of Delivery or on the front if space permits. I. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No Andre LA) tli, e IZ o ,n✓1 i4- 000Ooci8o CE III I I I III 111111111111 11111111111111111 111 3. Service Type ❑Priority Mail Express® El Adult Signature 0 Registered Mall'," 0 Adult Signature Restricted Delivery 0 Registered Mail Aesthete 9590 9402 4495 8248 3532 16 0 Certified Mail® Delivery 0 Certified Mall Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise ?. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 0 Signature ConfirmationT^ -fail 0 Signature Confirmation 7 017 1000 0000 7000 2931 f�itflestricted Delivery Restricted Delivery 3er......QQ11 r..i.,onicoeei,cnnnnnnn-nnaa nr,,,,oc+;-Patin,Runoins . 1I COM'L HIS S C ION •r' • •' •1 •" • ■ Complete items 1,2,and 3. A. Signatu v� II Print your name and address on the reverse X 1• ent so that we can return the card to you. 0 Addressee ■ Attach this card to the back of the mailpiece, B. Receiv-• by(Printed Name) . Date of Delivery or on the front if space permits. Ilk 6 i . '— a/`i.0 0 I. Article Addressed to: D. Is delivery.ddress•' 1.*tom, 0 'es If YES,enter deeiv •, =3`s•-.•: 0 No We-U s - a_r50 `�Pa 14 __000009 So 0 �i ,, o I'I' ISI II I I IIII IIII II III I I I( 0 dul Signatu e�e t ❑e very Regrisi isteredlMail Restri to 9590 9402 4495 8248 3532 09 0 Certified Mail® C Delivery 0 Certified Mail Restricted De' 0 Return Receipt for 0 Collect on Delivery Merchandise ?_ Article Number(Transfer from service label) 0 Collect on Deily estricted DeHvery 0 Signature Conflrmatlonr" n i„.„roe Mai ❑Signature Confirmation 7 017 1000 0000 7000 2900 oil Restricted Delivery Restricted Delivery ) )S Fnrm I 11 .11 du'9ni R P PJ 7san_no_nnn_ansa r)nmectin Return Reneint N IA A CITY OF ATLANTIC BEACH s) 800 SEMINOLE ROAD =J'`< = ATLANTIC BEACH, FL 32233 (904) 247-5800 \44.-)1319� US MAIL CERTIFIED MAIL RETURN RECEIPT REQUESTED 7018 2290 0001 0116 8435 /7018 2290 0001 0116 8442 NOTICE OF HEARING February 3, 2020 Mr. Andrew Stelzmann 158 Poinsettia Street Atlantic Beach, Florida, 32233 Wells Fargo Home Mortgage Attention: Property Preservation X2303-048 1 Home Campus Des Moines, IA 50328 Re: Two-unit Structure 196 and 198 Poinsettia Atlantic Beach, Florida, 32233 Real Estate Number: 170636 0500 and 170636 0510 Case Number: 14-00000980 Location of Violation: 196 and 198 POINSETTIA ST, 10-16 21-2S-29E, SALTAIR SEC 3, Both halfs of LOT 684 Atlantic Beach, Florida Dear Mr. Stelzmann and Ms. Snook, Our records indicate that you are the owners of the above referenced property. Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. STATEMENT OF CODE ENFORCMENT OFFICER: On January 31, 2020, Mr. Andrew Stelzmanna and Mr. Andrew Pekoe, counsel for Wells Fargo attended voluntary mediation at City of Atlantic Beach City Hall. A settlement was agreed upon by both parties. On February 3, 2020 a Quit Claim deed was executed from Mr. Stelzmann to Wells Fargo for his property at 196 Poinsettia and Mr. Stelzmann has agreed to vacate the 1 property no later than February 9, 2020. Wells Fargo intends to demolish the entire structure once the property has been vacated. Fines have been accruing on the property as a result of the banks failure to submit plans for temporary shoring and plans for permanent compliance by the required deadlines. The City Manager agreed to request a release of the fines on the property from the Special Magistrate. CODE PROVISIONS IPMC, Section 108.1.1. An unsafe structure is one that is found to be dangerous to the life, health, property, or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. IPMC, Section 109 Emergency Measures. 109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official."It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. IPMC, Section 110.1 General. The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure, which in the code official's or owner's authorized agent judgment after reivew is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove at the owner's option; or where there has been a sessation of normal construction of any structure for a period of more than two years, the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyone one year, unless approved by the building official. NOTICE OF HEARING You are hereby notified and ordered to appear at the public hearing of the Code Enforcement Special Magistrate on March 5, 2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard. 2 You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904)247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. A- to,arz\-zacc,.\hereby swear and affirm that the above statements are true and accurate. Angela agir--6 Code Enforcement Officer City of Atlantic Beach (904) 247-5855 aIrizarry@coab.us ATTEST: . F1 , i 110 Lor; .b1 (12- , Deputy City Clerk cc: Brianna Snook Brianna.N.Snook@wellsfargo.com Andrew Stelzmann 196 Poinsettia Atlantic Beach, FL 32233 � unn RCCP,I 9eoues-EeA u s Pka.►1 Cort-i P ed V\a' 7 Oi 1 1 0 D 0000 r700O 3\-N 3 •ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature s6 i •1 ■ Print your name and address on the reverseX • Agent SO t we can return the card to you. �„F - n 4,""'GSA' ■ Attach this card to the back of the mailpiece, B. Received ,i�-r'`t _ fln_ or on the front if space permits. $ �.�Lelit 1. Article Addressed to: D. Is delivery address diffe . ,. -.. if Y fe`t very address u . 0 No Wells--Fa r-_ }}orne Mart" . .0 a ., CE II II I'I1111111 1111111 I II I 111I III 3.0 Service e0 Express® RegisteredadulSignatureRestricted Delivery 0 Registered Mail 9590 9402 4495 8248 3529 29 00 Certified Mail® Delivery Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service labnll 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation* Nail 0 Signature Confirmation 7 018 2290 0001 0116 8442 Oj l Restricted Delivery Restricted Delivery DR Form AR-11_.luly 9015 PSN mnn-rp-nnn-gnsn Domestic Return Receini Irizarry,Angela From: Jon Pfotenhauer <jon@elev8jax.com> Sent: Friday, February 7, 2020 4:02 PM To: Irizarry,Angela Cc: Ben Pfotenhauer Subject: Signed Permit Document Attachments: 198 Poinsettia Permits.pdf Angela -- they got it done ! See attached. Look forward to seeing you next week and getting this knocked out (finally! ) . Jon Pfotenhauer (904) 441-8745 ELEV8Jax.corn 1 USPS Tracking® FAQs > Track Another Package Tracking Number: 70171000000070003174 Remove X We attempted to deliver your item at 5:10 pm on February 6, 2020 in ATLANTIC BEACH, FL 32233 and a notice was left because an authorized recipient was not available. Delivery Attempt cp February 6, 2020 at 5:10 pm cl Notice Left (No Authorized Recipient Available) a) c) ATLANTIC BEACH, FL 32233 Get Updates u Text & Email Updates u Tracking History \ February 6, 2020, 5:10 pm Notice Left (No Authorized Recipient Available) ATLANTIC BEACH, FL 32233 We attempted to deliver your item at 5:10 pm on February 6, 2020 in ATLANTIC BEACH, FL 32233 and a notice was left because an authorized recipient was not available. February 6, 2020 In Transit to Next Facility February 5, 2020, 10:16 pm Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER February 4, 2020, 7:29 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information u See Less /\ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. m c Q 0- a> C) x- FAQs 1\Vb i-k- no+ cc -W USPS Tracking® 3\3\207-0 m FAQs > Track Another Package + Tracking Number: 70182290000101168435 Remove X We attempted to deliver your item at 5:13 pm on February 6, 2020 in ATLANTIC BEACH, FL 32233 and a notice was left because an authorized recipient was not available. Delivery Attempt CD February 6, 2020 at 5:13 pm 0_ Notice Left (No Authorized Recipient Available) a) ATLANTIC BEACH, FL 32233 '- Get Updates u Text & Email Updates u Tracking History February 6, 2020, 5:13 pm Notice Left (No Authorized Recipient Available) ATLANTIC BEACH, FL 32233 We attempted to deliver your item at 5:13 pm on February 6, 2020 in ATLANTIC BEACH, FL 32233 and a notice was left because an authorized recipient was not available. February 6, 2020 In Transit to Next Facility February 5, 2020, 10:15 pm Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER February 4, 2020, 7:27 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information u See Less " Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. CD CD a a- v o x- FAQs - r'-\J`1�.. r s, CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD j _,___, ) ATLANTIC BEACH,FL 32233 (904)247-5800 POSTED AT 158 POINSETTIA AND CITY HALL NOTICE OF HEARING • 2/21/2020 Mr. Andrew Stelzmann 158 Poinsettia Street Atlantic Beach, Florida, 32233 Wells Fargo Home Mortgage Attention: Property Preservation X2303-048 1 Home Campus Des Moines, IA 50328 Re: Two-unit Structure 196 and 198 Poinsettia Atlantic Beach, Florida, 32233 Real Estate Number: 170636 0500 and 170636 0510 Case Number: 14-00000980 Location of Violation: 196 and 198 POINSETTIA ST, 10-16 21-2S-29E, SALTAIR SEC 3, Both halfs of LOT 684 Atlantic Beach, Florida Dear Mr. Stelzmann and Ms. Snook, Our records indicate that you are the owners of the above referenced property. Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. 1 CODE PROVISIONS IPMC, Section 108.1.1. An unsafe structure is one that is found to be dangerous to the life, health,property, or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. IPMC, Section 109 Emergency Measures. 109.1 Imminent danger. When, in the opinion of the code official,there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or . dangerous equipment,the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure,making the required repairs,removing the hazardous condition or of demolishing the same. IPMC, Section 110.1 General. The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure, which in the code official's or owner's authorized agent judgment after reivew is so deteriorated or dilapidated or has become so out of repair as to be dangerous,unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure,to demolish and remove at the owner's option; or where there has been a sessation of normal construction of any structure for a period of more than two years,the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyone one year, unless approved by the building official. STATEMENT OF CODE ENFORCMENT OFFICER: On January 31, 2020, Mr. Andy Stelzmanna and Mr. Andrew Pekow, counsel for Wells Fargo attended voluntary mediation at City of Atlantic Beach City Hall. A settlement was agreed upon by both parties. On February 3, 2020 a Quit Claim deed was executed from Mr. Stelzmann to Wells Fargo for his property at 196 Poinsettia and Mr. Stezmann has agreed to vacate the property no later than February 9, 2020. Wells Fargo intends to demolish the entire structure once the property has been vacated. Fines have been accruing on the property as a result of the banks failure to submit plans for temporary shoring and plans for permanent compliance by the required deadlines. The City Manager agreed to request a release of the fines on the property from the Special Magistrate. NOTICE OF HEARING You are hereby notified and ordered to appear at the public hearing of the Code Enforcement Special Magistrate on March 5,2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road,to answer and be heard. 2 You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure,please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. I, \ '1(e y swear and affirm that the above statements are true and accurate. ( c,et II sir .... liA., - Bela Iri .. Code Enfo .:- ent Officer • . City of Atlantic Beach (904) 247-5855 ' airizarry@coab.us ATTEST: 1 ,. itr6 , i iii.. Lori Diaz, Deputy Cis''Ark P Y 3 %'i''L‘J-ri J�` jCITY OF ATLANTIC BEACH Jam` : �p.�� sA 800 SEMINOLE ROAD r' ATLANTIC BEACH, FL 32233 �~ PHONE (904) 247-5800 NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 14-00000980 Pursuant to Chapter 162, Florida Statutes and Sec. 2-147, City of Atlantic Beach City Code of Ordinances, I,Angela Irizarry, Code Enforcement Officer,City of Atlantic Beach,hereby affirm a Notice of Hearing, a copy of which is attached, was mailed regular mail and was posted at the following locations: (1) Date Posted: a_'at. 2C' 2cD Location: 198 POINSETTIA ST,Atlantic Beach, Florida (2) Date Posted: 12-1, 1 2-02.0 Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLA BEACH, FL 32233 0 % \II 11 - , _ela Iriza 4 , Co•e Enforc• 1 1 ent . County of Duval State of Florida rThittCfr The foregoing Affidavit was acknowledged before me this 2 / day of 20 �, by Angela Irizarry,who is personally known to me as Code Enforcement for the C of Atlantic Beach. Person taking acknowledgement: ' (Notary Stamp/Seal) I 11 1 a Nota Publ , State of Flori s a aa`, fi'. o i(I(3 276336 1 - :�: November 13,2022 4 . � prblcllndeive� • eedlhetiodrli City of Atlantic Beach Lien &Interest Calculation 198 Poinsettia February 25,2020 Fine Period November 26 through December 30, 2019 35 Days @ $125 per day $ 4,375.00 Interest 22.84 Total for Period 4,397.84 Fine Period December 31,2019 through February 3rd,2020 35 Days @ $375 per day 13,125.00 Interest 64.73 Total for Period 13,189.73 Fine Period February 4th through February 7th,2020 4 days @ $500 per day 2,000.00 Interest 1.16 Total for Period 2,001.16 Total Due $ 19,588.73 Calculation by M. Burns-City of Atlantic Beach - Finance Department 904.247.5807 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Sig ature • Print your name and address on the reverse X f/1/' 0 Agent so that we can return the card to you. 0 Addressee • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. . 10 1//cj 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes Chase If YES,enter delivery address below: 0 No Mail code LA4-6475 700 Kansas Lane Monroe, LA 71203 I I I I I III II I I III IIII II IIIIIII II I I 3. Service Type ❑Adult Signature 0 Priority Mail Express® ❑Regisistered MaiIT^' 0 Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 4495 8248 3532 23NO i 0 Certified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation*'" :I 0 Signature Confirmation 7 018 2290 0001 0116 8299 i Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A i nature • Print your name and address on the reverse X ❑Agent so that we can return the card to you. 0 Addressee • Attach this card to the back of the mailpiece, B. ' itayV byrintgceNka� C. Date f Delivery or on the front if space permits. ` 4 , , 1. Article Addressed to: D. Is delivery address different from item 1? El Yes ME R S If YES,enter delivery address below: ❑ No . PO BOX 2026 Flint, MI 48201-2026 111111111111111111111111111111111 3. Service Type ❑Adult Signature 0 Priority Mall Expresso 0 Registered Mail"0 Adult Signature Restricted Delivery 0 Registered Mail Restricted ❑Certified Mail® Delivery 9590 9402 4495 8248 3528 51 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery o Signature Confirmation" • O Signature Confirmation 7 018 2290 0001 0116 8282 Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt .d I SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and . .A�sig_nature IIPrint your name and address on the reverse Xr ‘" ❑Agent so that we can return the card to you. 0 Addressee • Attach this card to the back of the mailpiece, Baeceived byy(Printed vame) C. Date of Delivery or on the front if space permits. !�0~ C� r `' 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No M6ks id-D6c366i.SD 65:- I III Ell 1111 III IIIII 11E1 II I I i 3. Service Type 0 Adult Signature O Priority Mail Express® ❑Registered MaiIT"' 0 Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 4495 8248 3530 63 0 Certified Mail® Delivery I:Certified Mail Restricted Delivery 0 Return Receipt for t on Delivery Merchandise 7017 1aoa 7000 2771ton Delivery Restricted Delivery 0 Signature Confirmation ' ---rrmSvr a Mail 0 Signature Confirmation 0 Insured Mail Restricted Delivery Restricted Delivery (over$5001 PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt , i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse 0 Agent so that we can return the card to you. 0 Addressee • Attach this card to the back of the mailpiece, B. eceived by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes e^ If YES,enter delivery address below: 0 No ws 4_oopoin-z. ::: „.. . . r,JM 1111111111111111111 I I II I 111 111 3. Service Type ❑Adult Signature 0 Priority Mail Express® ❑Registered Mailr'" 0 Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 2997 7094 0505 83 0 Certified Mail® Delivery 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise — - . :t on Delivery Restricted Delivery 0 Signature Confirmation"' 7 017 1000 0000 7000 2542 d Mail 0 Signature Confirmation Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A Sig - G � • Print your name and address on the reverse X ylire 0 Agent so that we can return the card to you. 0 Addressee • Attach this card to the back of the mailpiece, ° Received by(•ring.Name) C. Date of Delivery or on the front if space permits. ------- ----- 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No S- Z Min I4- DOC 0q&D VIII III III I II I I I I I I I III I I 3. Service Type ❑Prioriredil Express ❑AdultSignature Registered Mal'" ❑Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 2997 7094 0507 05 0 Certified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 0 Signature Confirmation'. n ^�.,•-di Mail 0 Signature Confirmation 7 017 10011 0000 6991 1992SMo)il Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse 0 Agent so that we can return the card to you. X /��v ❑Add ssee • Attach this card to the back of the mailpiece, •elv C. Date• Delivery or on the front if space permits. � /' 1. Article Addressed to: D. Is delivery address d' -rent from ite d 0 -s � 44ix$ . If YES,enter delivery address bel• • No ���1{L II V I I 1111 11111111 I I 11 I 11 II I I I 3. Service Type Li Adult Priority Mail Express®Adult Signature 0 Registered Mailr" 0 Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 2997 7094 0505 69 O Certified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise - • . •. — - - • • •• ^^-"---'-m Delivery Restricted Delivery 0 Signature Confirmationre 7 017 1000 0000 6991 2487 Mal 0 Signature Confirmation Mail Restricted Delivery Restricted Delivery I loverS500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt • • • f .. . } SENDER: CC'VIPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete itbrns 1,2,and 3. A. Signature ' IN Print your name and address on the reverse X 0 Agent so that we can return the card to you. 0 Ad. ssee !, 1 • Attach this card to the back of the mailpiece, It-Received ..y ame) D•,'='_ • Deli ry or on the front if space permits. / . ;r r-.� 1. Article Addressed to: !--e' 37'is`delivveyad•ress Iffel'entfromdte�? 0 b 1 Q °-�f iris;etffelivery address:- . . No . ��'�� DEC 2 2019 b, a 1111111111111111111111111 I I III I I I I I i II I I II III B0 SignaturestrletedOellVlry'Y'0 Registered MaiPRestncted 0'Adult Signature ❑Registered Mad 9590 9402 2997 7094 0506 13 a Certified Mail® Delivery 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number(Transfer from service Iathen 0 Collect on Delivery Restricted Delivery 0 Signature ConfirmatlonTM dl 0 Signature Confirmation 7017. 1000 0000 6991 2 4 2 5 di Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Si nature IIPrint your name and address on the reverseX . y2/4A ❑Agent so that we can return the card to you. 0 Addressee • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Add.ati /"1 7-" D. Is delive Uiftel�nt Yes t`°-- f- '�--� 4 If YES,enter de :+. e� •elow: No • y4_ c�cx� q80. `; , DEC 2 2019 ` �N ' ' I I I II IihIIIIN�I I " gi,,. 3. dulticgType 1�� RegisyMdMail ess® 1{ INN FFF�"Rff�:::rr' Il j� ❑Adult Signature \ 1 S ❑Registered MaiIT"' ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 959 Noe Pockf,.gloFi�rfO avc�( ❑Certified Mail© Delivery T' PA.R r•,r�l ,•�CN"R oCertified Mal Restricted Delivery ❑Return Receipt for o Collect on Delivery Merchandise o n.+:_._••.---•- — - 1 Delivery Restricted Delivery 0 Signature Confirmation,'" lail e Confir 7 017 1000 0000 6991 2364 u suite Mail Restricted Delivery 0 Restricted Del Verry tion (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I; SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. ' nature 0 Agent • Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. eNed by(Peted Na e) C. Date of Delivery • Attach this card to the back of the mailpiece, ov- pc_�r- Yti or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No l•L Ks \\ .. 0 '?. o i,o(- wi'-'' 3. Service Type 1:1 Priority Mail Express® 91-61- . all I-1(6Z01 " ;LViP I IIIIII IIII III I II I IIII II III III I I III I I IIIT 0 Adult Signature Restricted Delivery CIMail Registered Restricted 9590 9402 2997 7094 0507 50 livery o Certified Mail® Certified Mail Restricted Delivery ❑Return Receipt for n Delivery Merchandise O Collect on Delivery Restricted Delivery O Signature Confirmation"' 1:1 Signature Confirmation 7017 1000 0000 6991 1985 Nail Mail Restricted Delivery Restricted Delivery I (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt i. SENDER: COMPLETE THS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Si ature� f - , ❑Agent II Print your name and address on the reverse x wl c 0 Addressee so that we can return the card to you. In Attach this card to the back of the mailpiece, B.�Received by(Printed Name) C. DateZ of Delivery or on the front if space permits. 1" 1 v ve\ -Oa.,r I )2_ 1. Article Addressed to: D. Is delivery address different from item 1? Yes If YES,enter delivery address below: 0 No MA\\LCO D- --/,,,-.-) ic_rtmtx-- Ips III I I I III 111111 I I I I I IIII I II III 3. Service Type 0 Priority Mail Express® ❑Adult Signature ❑Registered Mail*"' ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 2997 7094 0507 43 0 Certified Mail® Delivery 0 Certified Mail Restricted Delivery Cl Return Receipt for 0 Collect on Delivery CI on Delivery Restricted Delivery 0 Signature Confirmation"' 2. Article Number(Transfer from service lahall d Mail 0 Signature Confirmation 7 017 1000 0000 6991 1619 d Mail Restricted Delivery Restricted Delivery $500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ii SENDER: COMPLETE THIS SECTION COMPLETE THIS SECT/ON ON DELIVERY r • Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse %.l, C 0 Agent so that we can return the card to you. ❑Addressee ' MI this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. c.- C C<_ r �,vN 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No m�Q ;y _ 0000� � (LL - .)i' �; 3. Service Type ❑Priority Mail Express® 0 Registered Mail I 1111 I�I III �I �'I I • I i I I I I II I I ❑Adult SignatMail"Y, ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 7094 0506 75 0 Certified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery 0 Signature ConfirmationT" 1.-i-xi...-3,o.rm,, .Pr from service label) r,,,,..-4 Mail ❑Signature Confirmation 7017 1,000 0000 6991, 2388 la I Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt t f SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. nature CI Agent ■ Print your name and address on the reverse X 13 Addressee so that we can return the card to you. • B. l'y�by inttecl_Vve) GJEtte. ly k • Attach this card to the back of the mailpiece�. '1' or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: ❑No ivVRS 1& I)I I IIII IIII I'I I II I II I II I I i VIII I I IIII I I 3.El❑dvice Type uultt Signature eRestricted Delivery O 0 Registered Mail RestMail ricted 9590 9402 2997 7094 0506 06 0 Certified Mail® Delivery Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) IDCollect on Delivery Restricted Delivery 0 Signature Confirmation,'" ed Mail 0 Signature Confirmation 7017 1000 0000 6991 2449 .$OIIRestricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Rer r ., SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X I . / C 1Q 0 Agent so that we can return the card to you. /�` -� 0 Addressee • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. I -M ' / Z IO 1. Article Addressed to: D. Is delivery address different from item 17 0 Yes If YES,enter delivery address below: ❑ No C.1603t — 6)OOdq'.?_5() C& 11111 III I'I I II(I II VIII IIII I II III 3. Express® O Adulvice Type 0 t Signature Restricted Delivery 00 Registered Mail," Registered Signature 0 Priorityll Mail Restricted 9590 9402 4495 8248 3530 70 0 Certified Mail® Delivery 0 Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number/Transfer from cared^o b31-..-.11 n ^"^ on Delivery Restricted Delivery 0 Signature Confirmation," 7 17 1 0 0 0 6991 2 2 9 Mail 0 Signature Confirmation Mail Restricted Delivery Restricted Delivery 1 (over Sb00) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. AInature ■ Print your name and address on the reverse X O Agent so that we can return the card to you. 0 Addressee INAttach this card to the back of the mailpiece, B. ,' eiv,g0 by ejteririf C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No i - � Ca° � ay 1 c ,7*.,,c2.•''') Il I Illlil I'll lIl l II l lI I I I III I III ❑Adult Signaturece eRestricted Delivery 00 III IExpressII Il Mail Restricted 9590 9402 2997 7094 0504 60 ❑Certified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for ^^^"--'on Delivery Merchandise 7017 1DDD 0000 7DDD 2757 on Delivery Restricted Delivery 0 Signature Confirmation*"" Mail 0 Signature Confirmation nsured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receip' SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY nat Sigre • Complete items 1,2,and 3. A. r / o�g ❑Agent IN Print your name and address on the reverse X * L. � C- ❑Addressee so that we can return the card to you. B. Received by"P-'' C C. Date of Delivery II this card to the back of the mailpiece, ; ,. - or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes ^p If YES,enter delivery address below: 0 No I AMQ.tirel EAVV4 'II/ I4-OYJOO goo CC 11111111111 1111111 I 11111 II II 111111 I I 3. Service Type D Adult Signature 0 Priority Mail Express® 0 Regitered " 0 Adult Signature Restricted Delivery 0 Registered Mail Restricted I 9590 9402 4495 8248 3534 14 D Certified Mail® Delivery 0 Certified Mail Restricted Delivery Delivery Receipt for D Collect on Delivery Merchandise "'" " on Delivery Restricted Delivery 0 Signature Confirmation'. n n.+:..._.�.•—� +-- -' 0 Signature Confirmation 7 017 10 0 0 7 0 0 2 7 8 8 i Mail Restricted Delivery Mail Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Rec. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signatur: laPrint your name and address on the reverse X 0 Agent so that we can return the card to you. 0 Addressee ■ Attach this card to the back of the mailpiece, B. Received byI(Printed Name) C. Date of Delivery or on the front if space permits. M v..r1 Ch t,,5) (t;Z j l i / 1i/19 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No CAN-Ck.3.' 54—° °ovov9t..)(� 1111111111111111111 I I I I I III III 3. Service Type ❑Priority Mail Express® DI Adult Signature ❑Registered MaiITM 0 Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 2997 7094 0506 68 0 Certified Mail® Delivery 0 Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise . . ., • T - . . . . .. m r^0n^t on Delivery Restricted Delivery 0 Signature Confirmation^" d Mail 0 Signature Confirmation 7017 10 O D0000 6991 2 3 9 5 d Mail Restricted Delivery Restricted Delivery I lover$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt