CE 1400 Mayport Road 2010 Code Enforcement Officer Statement
Case number: 129409
Location: 1400 Mayport Rd.Atlantic Beach, Fl 32233
PID#: 18-34-38-2S-29E
Respondent(s) Kurt's Inc.
Violation: Chapter 24 Sec 24-157 Fence,Walls and similar structures.
The inspection was made as the result of a: Complaint_x_ Routine inspection Survey_X_
12/22/09-spoke w/owner
12/23/09-N.O.V LTR MAIL.(rec.) - , „ ^
407 2/24/10-N.O.H LTR MAIL(rec)
Notice was achieved by: certified mail_x_ Hand Deliver Posting of property
Newspaper notice
Show fotos.
An inspection on March 9,2010 revealed the violation was: corrected not corrected_X_
In order for the violation to be corrected the respondent shall obtain a permit,follow provisions or
remove fence.
City of Atlantic Beach, recommends the board issue an order giving the respondent to come in
compliance within 10 days which is on or before March 19`h, 2010 to correct the violation or a fine of
up to$250 a day be imposed for each day the violation continues to exists.
Prril 13, 2010 ,
ro
6,�� SIN
l
prod °
SENDER: COMPLETE TIS SECTION COMPLETE THIS SECTION ON DELIVERY
1
■ Complete items 1,2,and 3.Also complete A. Signature
1 item 4 if Restricted Delivery is desired. 0 Agent
• Print your name and address on the reverse X 6b �1 0 Addressee
so that we can return the card to you.
ss
• Attach this card to the back of the mailpiece, B Received by(Prim R ate of Delivery
or on the front if space permits. o'' *31' d
1. Article Addressed to: D. Is delivery addr€s �iff�rentrl item 17 Yes
If YES,enter deli ery address9 iow: 0 No
i
1< uRT3 Zllc . ,�
AT
`( L\(�� p21 - (31"s1 'rl 1'
T 1--A t\-1'V\L 13 A R L H, r L 3. Service Type
QrCertified Mail 0 Express Mail
0 Registered l#eturn Receipt for Merchandise
3 a.i 3 3
0 Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number
(Transfer from service label) 7006 2150 0002 2967 4090
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
CASE # 129409
February 24, 2010
Kurt's Inc.
1400 Mayport Rd.
Atlantic Beach, FL 32233
To Whom it May Concern:
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, residents 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, the 9th day of March, 2010, AT 7:00 P. M. at Atlantic Beach
City Hall, 800 Seminole Road, to answer and be heard to the alleged violations of the following
Section(s) of the Atlantic Beach Code of Ordinances: Chapter 24, Section 157: Fences, at
property known as: 1400 Mayport Rd., Atlantic Beach, FL, 18-34 38-2S-29E, RE# 170788-
0000.
The Code Enforcement Board may levy fines up to $250.00 per day for the first offense
and $500.00 for the second offense against the property, if a violation is found to exist beyond
the date set by the Board for compliance. If the violation is corrected and then recurs or if the
violation is not corrected by the time specified for correction by the Code Inspector, the case
could be presented to the enforcement board even if the violation has been corrected prior to the
board hearing.
You have the right to obtain an attorney at your own expense and to present witnesses in
your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the
procedure, please contact Susan Gorman, Secretary of the Code Enforcement Board within five
days of the receipt of this notice at 247-5810. Please note the presence of a court reporter for
the purpose of insuring a verbatim record in the event an appeal should be secured at your
expense.
ATTEST: Sincerely,
Susan Gorman Eddie Lopez
Secretary Code Enforcement Officer
I
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
CASE # 129409
February 24, 2010
Kurt's Inc.
1400 Mayport Rd.
Atlantic Beach, FL 32233
To Whom it May Concern:
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, residents 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, the 9th day of March, 2010, AT 7:00 P. M. at Atlantic Beach
City Hall, 800 Seminole Road, to answer and be heard to the alleged violations of the following
Section(s) of the Atlantic Beach Code of Ordinances: Chapter 24, Section 157: Fences, at
property known as: 1400 Mayport Rd., Atlantic Beach, FL, 18-34 38-2S-29E, RE# 170788-
0000.
The Code Enforcement Board may levy fines up to $250.00 per day for the first offense
and $500.00 for the second offense against the property, if a violation is found to exist beyond
the date set by the Board for compliance. If the violation is corrected and then recurs or if the
violation is not corrected by the time specified for correction by the Code Inspector, the case
could be presented to the enforcement board even if the violation has been corrected prior to the
board hearing.
You have the right to obtain an attorney at your own expense and to present witnesses in
your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the
procedure, please contact Susan Gorman, Secretary of the Code Enforcement Board within five
days of the receipt of this notice at 247-5810. Please note the presence of a court reporter for
the purpose of insuring a verbatim record in the event an appeal should be secured at your
expense.
ATTEST: Sincerely,
t a.c..44 yt""1\;CYJYYi cyyt •.
usan Gorman Eddie Lopez
Secretary Code Enforce r ent 6 fficer
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Slgeir" /
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse Xlip0 Agent
so that we can return the card to you. e '6 11 Addressee
• Attach this card to the back of the mailpiece, g• Received by(Printed ame) I C. Date of Delivery
or on the front if space permits.
v
1. Article Addressed to: D. Is delivery address differen_ • ., 1? 0 Yes
If YES,enter delivery ..
0 No •
1< LA.RT,
s li NC. (to
1
AT--A 1\711 C a.. c J k FL 3. S�e/ryert Type his.
t,1 Certified Mail reS4bQ
3 2.2- 3 0 Registered Cieturn Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number
(Transfer from service label) 7009 1680 0001 0641 0854
PS Form 3811, February 2004 Domestic Return Receipt
102595-02-M-1540
75
o';''� Compliance Investigation Form
Investigation# /29 96 q Date of Request: / -(R Time of Request:
Name of Person Making Request: C/ �fnjvi eK
Address: Phone#
Investigation Type: I
teNcet Ct)AIk G.ud lN1it/gr. Prude. '-cS
C'�i feel/Vr 0.64/A-, P-er Ail for f• ce of /?e av-e
fcow
F(operAl [AJ r1-4 I N "30 dA s -
Location (Address) of Violation: /4e90 /1 11 Igu
y� t
Phone Number: Property Owner/Manager: /yob pi,yf,ot/ a?c/ L L
Request Taken by: Investigator: /4't
/)/g 322 3
Action Taken: 1./, ,v,aikef 1y23/6 7
Compliance: //27A0
Legal Description: /8' 3L/ RE#: /7075N -QO DG
F:1Code Enforcement\Compliance Investigation Form.doc Oct 9 2009
better. And the complaints subsided, but this looks as bad as the last mess he had over there that we spent months dealing
with.
He is in violation of the permit that was issued since this"fence"looks to be about 10-feet high,and more importantly the
following.
Sec. 24-157. Fences,Walls and similar Structures.
(a) Permit required. Issuance of a permit is required for any new or replacement Fence or Wall, and all new
or replacement Fences and Walls shall comply with the following provisions. Nonconforming fences shall
not be replaced with nonconforming Fences. The term Fence and Wall may be used interchangeably within
this Chapter, and shall mean as specifically defined within Section 24-17. Fences must be constructed out
of materials that are customarily used for Fences.
We need to put a stop work on this as quickly as possible. There was no work underway when I was there.
Sonya
Sonya Doerr,AICP
Planning Director
City of Atlantic Beach
800 Seminole Road
Atlantic Beach,Florida 32233
Phone 904.247.5826 Fax 904.247.5845
www.coab.us sdoerracoab us
PLEASE NOTE: Florida has a very broad public records law. Your e-mail communications may be subject to public disclosure.
2
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
A S - re t �Agent
2,and 3.Also complete CI Addressee
■ Complete items e1is desired. X J
item 4 if Restricted Delivery Date oddreS ry
your name and address on the reverse B •
-eceived by(Prim'
• Print p t 4. ".t 1 v
s t that can return the card to you• m item - 4■ Yes
■ Attach this card to the
permit the mailpiece, D Is delivery••dress differs o
or on the front if spaceIlo`"
ker 16 IN L
If YES,enter deliv ry d e' ra
1. A icl Addressed to: �d4 '
O V fit 3. Service Type
YpQ I`! Express Mail
kil
I [1 Certified Mail P Receipt for Merchandise
/1 ) ❑Registered 0 ReturnMail
QI,I->< v 0 Insured Mail 0 C.O.D.
❑Yes
3 -z..2.?? 4. Restricted Delivery?(bra Fee)
2. Article Number Form7009 1680 0001 0641 1264 10P595-02-M-1540
(Transfer from service Is
PS Form 3811,February
2004 Domestic Return Receipt
j rLy j�V� Code Enforcement Department
,, 800 Seminole Road
J `sA Atlantic Beach,Florida 32233
Telephone(904)247-5800
r110 FAX(904)247-5805
December 23,2009
Kurt's Inc.
1400 Mayport Road
Atlantic Beach,FL 32233
RE: Notice of Violation of Atlantic Beach Code of Ordinances,Chapter 24, Section 157—Fence,Walls and
Similar Structures at property known as: 1400 Mayport Road,Atlantic Beach, 18-34 38-2S-29E,
RE# 170788-0000
Dear Sir;
Please be advised,Atlantic Beach Code Enforcement has found the property at the above referenced
address to be in violation of Chapter 24,Section 157—Fence,Walls and Similar Structures per City of
Atlantic Beach Code which states"Permit required. Issuance of a permit is required for any new or
replacement Fence or Wall,and all new or replacement Fences and Walls shall comply with the following
provisions. Nonconforming fences shall not be replaced with nonconforming fences. Fences must be
constructed out of materials that are customarily used for Fences."
This letter requests the noted violation be corrected by properly obtaining a permit for the fence or
removing it from the property within 30 days from receipt of this letter.If the violation is corrected and then
recurs or if the violation is not corrected by the time specified in this notice this case may be presented to the
Atlantic Beach Code Enforcement Board even if the violation has been corrected prior to the board meeting.
The Code Enforcement Board may impose fines up to$250 a day for each day the violation is not corrected.
A re-inspection will be done on/or before January 27,2010. To avoid having this Code Enforcement case
set for hearing,all listed violation(s)on this notice must be in compliance on or before the date established
by Atlantic Beach Code Enforcement.Upon completing the corrective action(s)required,it is your
responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify
compliance.
It is our goal to enforce the codes and ordinances of the City of Atlantic Beach and protect the health,
safety and welfare of the City,and accordingly,your cooperation in this matter is greatly appreciated.Please
contact Atlantic Beach Code Enforcement at 904-247-5826 if you have any questions or need additional
information.
Sincerely,
Eddie Lopez,Code Enforcement Officer
XC: File
Property,Appraiser- Basic Search Results Page 1 of 1
Search Results(1 properties found)
New Search
Refine Search
Tip:A Column can be sorted by clicking column name.
Export to Excel
Export to plain text
Name(Last First) Street# Street Name Type 'Direction___ Unit City Zip
170788-0000 1400 MAYPORT ROAD L L C 1400 MAYPORT 1 RD 1 Atlantic Beach 32233
I1J
http://apps.coj.net/pao_propertySearch/Basic/Results.aspx 2/24/2010
Lopez, Eddie
From: Doerr, Sonya
Sent: Monday, March 15, 2010 8:55 AM
To: Lopez, Eddie
Subject: 1400 Mayport Road fence permit
Attachments: image001.gif
Eddie, I have approved Kirt Lynch's revised fence permit for a 6' foot fence. I told him that the fence needed
to be completed within 30 days, including painting, installing the trim on top of the fence and the post caps. I
will follow-up to be sure that he completes the fence as permitted and let you know once it is finished.
Sonya
Sonya Doerr,AICP
Planning Director
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Phone 904.247.5826 Fax 904.247.5845
www.coab.us sdoerr[cilcoab.us
PLEASE NOTE: Florida has a very broad public records law. Your e-mail communications may be subject to public disclosure.
1
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH,FLORIDA CASE#129409
Petitioner,
vs.
Kurt's Inc.
Respondent
Address: 1400 Mayport Road
Description: 18-34 38-2S-29E
RE#170788-0000
ORDER IMPOSING FINE
THIS CAUSE came for public hearing before the Code Enforcement Board on March 9,2010 and
the Board having heard testimony under oath,received evidence,and heard arguments respective to all
appropriate matters,and thereupon issues the Findings of Fact,Conclusions of Law and Order as follows:
FINDINGS OF FACT
1. That the Respondent Kirt Lynch owns the property located at 1400 Mayport Road,Atlantic
Beach,Florida.
2. That notice was sent by certified mail and that Respondent was present at the hearing.
3. That notification of the violations of the Atlantic Beach Code,Chapter 24,(Sec 157)
Fences,were made and served on the business as evidenced in this hearing.
4. Fence was not repaired or removed.
CONCLUSIONS OF LAW
THAT Mr. Kirt Lynch is not in compliance and has failed to correct such violation as of
this hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the
authority granted in Chapter 162,Florida Statutes,and the Code of Ordinances of the City of
Atlantic Beach,Florida it is Ordered:
THAT the Respondent be found in violation for non-compliance,and must come into
compliance by 12:00 pm,April 13,2010. Failure to comply will result in Administrative
fees and fines of $250.00 per day for every day after until compliance is met.
THAT failure to pay all accumulated fines will result in a lien being placed against the
property at 1400 Mayport Road for the total assessment plus costs incurred for the filing of
the lien. All lien amounts are to be made payable at an interest rate of ten(10)percent per
annum from date of certification until paid.
This Order becomes self-executing upon an Affidavit of Non-Compliance being filed
with the City Clerk's Office and a hearing shall not be necessary.
DONE AND ORDERED THIS 9th day of March 2010.
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMEN BOARD
By: L%`w -g-
Ron Pendleton
Code Enforcement Board Vice Chair
Attest:
(�ervn •noVYYlaM
Susan Gorman,Secretary
ATTENTION: It is your responsibility to notify Eddie Lopez,Code Enforcement Officer,
at 247-5855 and satisfactorily demonstrate that the violation has been corrected.
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH,FLORIDA CASE# 129409
Petitioner,
vs.
Kurt's Inc.
Respondent
Address: 1400 Mayport Road
Description: 18-34 38-2S-29E
RE#170788-0000
ORDER IMPOSING FINE
THIS CAUSE came for public hearing before the Code Enforcement Board on March 9,2010 and
the Board having heard testimony under oath,received evidence,and heard arguments respective to all
appropriate matters,and thereupon issues the Findings of Fact,Conclusions of Law and Order as follows:
FINDINGS OF FACT
1. That the Respondent Kirt Lynch owns the property located at 1400 Mayport Road,Atlantic
Beach,Florida.
2. That notice was sent by certified mail and that Respondent was present at the hearing.
3. That notification of the violations of the Atlantic Beach Code,Chapter 24,(Sec 157)
Fences,were made and served on the business as evidenced in this hearing.
4. Fence was not repaired or removed.
CONCLUSIONS OF LAW
THAT Mr.Kirt Lynch is not in compliance and has failed to correct such violation as of
this hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the
authority granted in Chapter 162,Florida Statutes,and the Code of Ordinances of the City of
Atlantic Beach,Florida it is Ordered:
THAT the Respondent be found in violation for non-compliance,and must come into
compliance by 12:00 pm,April 13,2010. Failure to comply will result in Administrative
fees and fines of $250.00 per day for every day after until compliance is met.
THAT failure to pay all accumulated fines will result in a lien being placed against the
property at 1400 Mayport Road for the total assessment plus costs incurred for the filing of
the lien. All lien amounts are to be made payable at an interest rate of ten(10)percent per
annum from date of certification until paid.
This Order becomes self-executing upon an Affidavit of Non-Compliance being filed
with the City Clerk's Office and a hearing shall not be necessary.
DONE AND ORDERED THIS 9th day of March 2010.
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT BOARD
By:
Ron Pendleton
Code Enforcement Board Vice Chair
Attest: n
•
Susan Gorman,Secretary
ATTENTION: It is your responsibility to notify Eddie Lopez,Code Enforcement Officer,
at 247-5855 and satisfactorily demonstrate that the violation has been corrected.