Agenda Packet CEB 11-14-17.pdfCity of Atlantic Beach
Code Enforcement Board
City Hall, Commission Chamber
November 14,2017,6:00 PM
Agenda
Call to Order
Pledge of Allegiance to the Flag
Roll Call
1. Approval of Minutes of the Regular Meeting of May 9, 2017.
2. Administration of Oath to Defendants/Witnesses.
OLD BUSINESS
16-341 31 Royal Palms Dr RSNS dba Seafood Kitchen
Sec. 6-16. Adoption ofFlorida Building Code.
FBC Section 105 Permit 105.1 Required Sec. 24-157. Fences,
walls and similar structures
16-397 763 Atlantic Boulevard Handler Family Partnership
Sec. 6-16. Adoption ofFloridaBuilding Code
FBC Section 105 Pe1mit 105.1 Required Sec. 24-157. Fences,
walls and similar
16-390 400 LevyRd C QUEST PROPERTIES
Sec. 24-111 Commercial General Districts (CG) (c)
24-173. Neighborhood preservation and property maintenance standards
Sec. 24-154. (b)-Outdoor display, sale and storage of furniture, household items, merchandise and business
activities outside of enclosed buildings.
17-558 76 Levy Rd Cox Construction
Chapter 24. Land Development
Sec. 24-111 Commercial General Districts (CG
16-493 2337 Seminole Rd Sarah Bohr
Chapter 24. Land Development Regulations. Section 24-17. Definitions. Short term rentals
17-549 1480 Mayport Rd Jax Petro, LLC
Chapter 24. Land Development Regulations. 24-171(c)(1)(3) Dilapidated Canopy
17-570 24 Ardella Rd Peter and Carla Whalen
Sec. 24-111 Commercial General Districts (CG) (c)
24-173. Neighborhood preservation and property maintenance standards
Chapter 24. Land Development Regulations CG District
Chapter 20 Business Tax Receipts Section 20-52. Levy
17-563 72 Levy Road Billy Lewis
Sec. 12-1 Nuisances (b)
Sec. 24-173. Neighborhood preservation and property maintenance standards. (b)
IPMC Sec.302.8 -Motor Vehicles
17-637 580 Mayport aka 56 W 6th St Atillio Cerqueira
Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and
upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be
maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are
maintained fi'ee from litter, trash, debris, discarded belongings, automotive parts, old tires, construction
materials, and broken and abandoned items.
IPMC Sec. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and
similar areas shall be kept in a proper state of repair, and maintained free fi'om hazardous conditions.
Chapter 24. Land Development Regulations. CG District Permitted Uses
Sec. 24-154. (b)-Outdoor display, sale and storage of furniture, household items, merchandise and business
activities outside of enclosed buildings.
Sec. 24.154 Outdoor display, sale and storage of furniture household items, merchandise and business activities
outside of enclosed buildings. * (g) Within all non-residential zoning districts, the outside display of products,
or outside sale of furniture, clothing, dry goods, hardware or other similar merchandise, equipment and
materials, and also street vendors, shall be prohibited.
Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or
permit any act, occunence or condition within the city which constitutes a dangerous, unsafe, dilapidated or
unsanitary cmidition, which may be injurious to the health and well being of the community
17-564 20 Levy Road H & H Automotive
IPMC Sec.302.8-Motor Vehicles
Sec. 24-173. Neighborhood preservation and property maintenance standards. (b)
17-559 0 W 14th St vacant lot Midland IRA
Sec. 24-173. Neighborhood preservation and property maintenance standards. (b)
17-561 70 Levy Rd Midland IRA
Outside Storage ( comm) Sec. 24-173(b )(1)
IPMC Sec. 302.8 Motor Vehicle
17-562 74 LevyRd C Quest Properties
Outside Storage (comm) Sec. 24-173(b)(1)
IPMC Sec. 302.8 Motor Vehicle
17-551 10 Donner Unit 20 Donner B & K Properties
Sec. 24-173. Neighborhood preservation and property maintenance standards. (b)
Sec. 24-111 Commercial general districts (c)
17-614 501 Mayport Road Regina Rosenstein
Sec. 17-41 (b) Damaged signs and poorly maintained signs.
Sec. 17-51. -Nonconforming signs ec. 17-41 (b) Damaged signs and poorly maintained signs
NEW BUSINESS
17-0113 2337 Seminole Road Sarah Bohr
Sec. 24-108.-Residential, multi-family district (RG-M). (b)Permitted uses.
17-670 400 Levy Road C Quest
Chapter 24-Fences, walls and similar structures. Sec. 24-157 Fences, walls and similar structures. (b) Height
and location. (1) Within required front yards, the maximum height
Sec. 24-157. Fences, walls and similar structures. (a) Permit required
17-671 Y eveni Ozmikovsky
Sec. 24-151. -Accessory uses and structures
17-0048 13 90 Rose Street Gregory Hutto
Sec. 24-164 Swimming Pools (c) Fences
17-0117 405 Royal Palms Drive Kenyatta Ramsay
Sec. 6-16. Adoption ofFlorida Building Code
17-603 115 Saratoga Cir S Larry Clement
Sec. 24-157. Fences, Walls and Similar Structures (c) Maintenance offences. Fences that have been allowed to
deteriorate to an excessive degree
REHEARING
14-1335 1202 Jasmine Street Pillar, LLC
Section 22-74. Installation of toilet facilities required: connection of facilities to public sewer. (c)
5. Miscellaneous Business
Adj ournrnent
Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the Meeting
Videos tab located on the home page ofthe City's website atwww.coab.us.
In accordance with the provisions of Florida Statute, Section 286.0105, if a person decides to appeal any decision
made by the Board with respect to any matter considered at this meeting, he/she will need a record ofthe proceedings
and for such purpose he/she may need to insure that a verbatim record of the proceeding is made, which record
includes the testimony and evidence upon which the appeal is to be based.
In accordance with the provisions of Florida Statute, Section 286.26, persons with disabilities needing special
accommodation to pa1iicipate in this meeting should contact the Code Enforcement Board Secretary at (904) 247
5810 no later than 48 hours prior to the meeting.
DRAFT
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00P.M.-MAY 9, 2017
IN ATTENDANCE
Members:
Benjamin de Luna, Chair Brenna Durden, City Attorney
Louis Keith, Vice Chair Deborah White, Code Enforcement Officer
Don Sasser Dayna Williams, Secretary
Kirk Hansen
Lindsay Norman
E llen Glasser
ABSENT
Richard Lombardi (Excused)
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. Approval of Minutes of the Regular Meeting of March 14,2017.
Motion: Approve the minutes of the Code Enforcement Meeting of March 14, 2017.
Moved by Glasser, Seconded by Sasser
The motion was approved unanimously.
2. Administration of Oath to Defendants/Witnesses
Chair de Luna gave the oath to the defendants and witnesses.
3 . Old Business
CASE ID NAME & ADDRESS VIOLATION
13-00000554 THOMAS J BENNETT JR
131 BELVEDERE ST
Code Enforcement Office r Debbie White presented th e case, stating Mr. Bennett was previously before the
Board and was ordered to pay his fine of $693.50 for the boarding and securing of the structure, and to
demolish the structure before May 9, 2017, and he has done both.
Staff recommends the Board find the property owner in compliance on this particular case.
Motion: The Board adopts the staff recommendation.
Moved by Glasser, Seconded by Nmman
There was no fmiher discussion.
The motion was approved unanimously.
CASEID NAME & ADDRESS VIOLATION
14-1299 THOMAS BENNETT
131 BELVEDERE ST
Ms. White presented the case, stating at the previous meeting the Board ordered to reduce Mr. Bennett's fine to
$50,000.00, and to demolish the structure prior to May 9, 2017, and he has done both.
Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation.
Moved by Sasser, Seconded by Keith
There was no further discussion.
The motion was approved unanimously.
City Attorney Brenna Durden informed the Board that upon payment of the fines and the demolition of the
building the City did execute and record the release of both liens.
CASEID NAME & ADDRESS VIOLATION
16-515 MARION MAHONEY
153 LEVYRD
Ms. White presented the case, stating the property owner constructed a structure without a permit and it has
now been removed.
Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation.
Moved by Glasser, Seconded by Hansen
There was no further discussion.
The motion was approved unanimously.
CASEID NAME & ADDRESS VIOLATION
17-546 OSSIKLOTZ
1844 MAYPORT RD
Ms. White presented the case, stating the property owner has cleaned up the property and complied with the
Board Order.
Staff recommends the Board fmd the property owner in compliance.
Motion: The Board adopts the staff recommendation.
Moved by Glasser, Seconded by Hansen
There was no further discussion.
The motion was approved unanimously.
Draft Minutes of the Code Enforcement Board on May 9, 2017 Page 2 of 13
CASEID NAME & ADDRESS VIOLATION
16-437 ROCK GARDEN ENTERPRISES,
INC
248LEVYRD
Sec. 24-173(b )( 1) Outside Storage ( comm)
Chapter 24 Zoning District
Ms. White presented the case, stating they were in violation of having a storage trailer and were supposed to get
a permit for it. She stated they decided to remove the trailer instead and are now in compliance.
Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation.
Moved by Hansen, Seconded by Keith
There was no further discussion.
The motion was approved unanimously.
CASEID NAME & ADDRESS VIOLATION
16-356 RAYMOND M CORBIN JR ET Sec. 17-41(C) Abandoned Signs (wall/gd)
AL Recommendation CEB REC
980 MAYPORT RD
Ms. White presented the case, stating they were in violation of the sign ordinance. She showed photos of the
property, stating the sign is now gone.
Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation.
Moved by Norman, Seconded by Hansen
There was no further discussion.
The motion was approved unanimously.
CASEID NAME & ADDRESS VIOLATION
16-525 OUR PROPERTIES INC Sec. 17-41(C) Abandoned Signs (walllgd)
751 ATLANTIC BLVD
Ms. White presented the case, stating they were in violation of the sign code and it has been corrected and they
are now in compliance.
Staff recommends the Board find the property owner in compliance.
Motion: The Board adopts the staff recommendation.
Moved by Norman, Seconded by Hansen
There was no further discussion.
The motion was approved unanimously.
Draft Minutes of the Code Enforcement Board on May 9, 2017 Page 3 of 13
CASE ID NAME & ADDRESS VIOLATION
17-558 COX CONSTRUCTION Sec. 24-111 (c)( 6) CG CONTRACTOR OUSIDE
76LEVYRD STOR
Chapter 20 Business Tax Receipt
Sec. 17.61. Sign Permits Req Sign Permit &
Business Tax Req'd
Chapter 24 Zoning District
Ms. White stated she is withdrawing the case, as there was no service.
4. New Business
CASEID NAME & ADDRESS VIOLATION
16-493 SARAHHBOHR Chapter 24 Zoning District
2337 SEMINOLE RD UNIT #A Chapter 24 Short Term Rentals
Chapter 20 Business Tax Receipt
Sarah Bohr, property owner, requested the Board delay the presentation of her case as two of her witnesses
have not yet arrived. Chair de Luna agreed and asked Ms. Bohr to let the Board know when the witnesses have
arrived.
CASEID NAME & ADDRESS VIOLATION
17-549 JAX PETRO LLC Chapter 24 Zoning District
1480MAYPORTRD
Ms. White presented the case, reading the violations and showing photos of the property. She stated this is a
service station that has been abandoned. She showed a photo taken on October 11, 2016, explaining the canopy
had some issues and they got a permit to secure it. However, they subsequently tore all the covering off leaving
just the framework. She stated Mr. Patel is here to represent the property owner.
Chirayu Patel, representing the property owner Jax Petro LLC, stated they are in the process of
reconstructing the canopy and remodeling the service station. He explained they finally have the insurance
settlements that they applied for after Hurricane Matthew. He stated they need at least 120 days to reconstruct
the canopy and remodel the service station.
Staff recommends the property owner be found in violation and orders the metal framing be removed or
repaired including a weatherproof covering on or before July 1, 2017. Failure to comply will result in a
$250.00 per day fme being imposed. The property owner is responsible for notifying Code Enforcement to
request an inspection to verify compliance. She stated the property owner will also need to have a permit.
Ms. Glasser asked Ms. White if they will be required to get a permit when they start the work, and Ms. White
explained they need the permit before they begin the work. Mr. Sasser asked Mr. Patel if the 120 days he
requested included the permitting process and Mr. Patel said yes. Discussion continued.
Motion: The Board adopts the staff recommendation with the exception that the date of compliance be
changed to September l, 2017.
Moved by Norman, Seconded by Hansen
There was no further discussion.
The motion was approved unanimously.
Draft Minutes of the Code Enforcement Board on May 9, 2017 Page 4 of 13
CASEID NAME & ADDRESS VIOLATION
17-570 *WHALEN, PETER R & CARLA Sec. 24-111 (c)(6) CG CONTRACTOR OUSIDE
DE STOR
24 ARDELLA RD Sec. 24-173(b)(l) Outside Storage (comm)
Chapter 24 Zoning District
Chapter 20 Business Tax Receipt
Sec. 16-3 (b)Set out-Storage Garbage & Trash
container
Ms. White presented the case, stating Mr. Whalen did not sign for his Notice but he is present and may wish to
address the Board. She presented photos of the property, stating Mr. Whalen has a lawn service that he operates
out of 24 Ardella Road (which is in a CG District) and he has a lot of equipment that is visible from the street.
She stated the property is a rental house and she has had a discussion with him about potentially putting a fence
up for screening purposes. She stated that has not happened and he is present tonight.
Peter Whalen, owner of AlA Lawn Services, stated he has been operating out of the property for fifteen years
and has never had an issue. He stated he used to have a fence eight or nine years ago and was told it was
against Code, so he had to remove it and now he is being told to put up a fence.
Chair de Luna asked Mr. Whalen if he had an understanding of a CG District and Mr. Whalen said he has not
read up on it. Ms. White stated they talked about it and she explained if you are a contractor in that district you
are only supposed to have one vehicle and not store anything outside. She stated, since he has been there so
long and in the spirit of cooperation, she suggested he get a permit for a fence and he agreed to landscape along
Maypmt Road. She said that has been the discussion and she has not heard from him or received a permit
application for a fence.
Chair de Luna asked Ms. White if a fence would correct the problem. She explained the same scenario applies
to all of these businesses. She stated they have been getting away with this for years and it has never been
okay. She stated, the City is trying to get that area cleaned up and in compliance, but we are trying to work
with them, not run them out of business, so it is a compromise. Discussion ensued.
Chair de Luna explained to Mr. Whalen that the Ordinance is on the books and they are trying to change it.
Chair de Luna asked Ms. Durden the status of the Ordinance modification. Ms. Durden stated there was a
discussion at the Commission Meeting last night about how to move forward with the proposal that has been
presented by a group of propetty owners in the area of Atlantic Beach known as Section H. Ms. Durden asked
for clarification that Mr. Whalen's parcel is included in Section H, and a member of the audience stated it was
included. She stated the Commission has directed the City Clerk to find a date for a joint workshop of the City
Commission and the Community Development Board members to allow the citizens group to make their
presentation, to allow public input in regards to the proposal, and for the Commission and the Community
Development Board members to have discussion and give direction to the staff. She continued her explanation
of the steps involved in the process and stated it would most likely require a time frame of about four months,
so the Board should take that into consideration.
Chair de Luna asked if the person that made the statement about this parcel being in Section H would come to
the podium and speak for the record.
Atillio Cerqueira, 36 W 61h Street, stated Mr. Whalen's property is in Section Hand it is basically Zoning CG
and CL in Section H that we are proposing for these ordinance changes.
Staff recommends the propetty owner be found in violation and orders the property be cleaned up, cease all
storage visible from the street, remove all commercial vehicles and cease storage of commercial equipment and
vehicles on or before June 27, 2017 (or whatever date the Board chooses) or a fine of $250.00 per day fine will
Draft Minutes of the Code Enforcement Board on May 9, 2017 Page 5 of 13
be imposed for the first day and $250.00 per day every day thereafter until full compliance is achieved. The
property owner is responsible for notifYing Code Enforcement to request an inspection to verifY compliance.
Ms. White stated all of this will be covered if he erects the fence, stating she cannot make him put a fence up,
but a lot of the violations will go away if he has a fence up and what he has back there cannot be seen. She said
it has to be screened from the street.
Mr. Hansen stated at our last meeting we moved any deadline dates back in order to give this ordinance a
chance to be read and put into use. He stated he was uncomfortable doing things on a piecemeal basis when we
are waiting for this ordinance proposal to be decided.
Ms. White announced there would not be a meeting in July, the next meeting would be in September.
Discussion ensued regarding postponing any of the cases in this area until September to give council a chance
to react to it. Chair de Luna stated they would have to take each case individually due to the way the agenda is
set up. Ms. Durden suggested they continue it to the next meeting because what they are continuing is the
hearing to make a decision.
Motion: The Board moves to delay action on this matter until the September 12, 2017 meeting.
Moved by Sasser, Seconded by Hansen
There was no further discussion.
The motion was approved unanimously.
CASEID NAME & ADDRESS VIOLATION
17-577 CHRISTINE WALKER Sec. 24-163 (b)(2) Heavy Vehicle (FYSB)
2197 S FAIRWAY VILLAS LN
Ms. White stated she is withdrawing the case, as there was no service.
Chair de Luna stated Ms. Bohr has indicated all her witnesses have arrived, so they will take her case now.
CASEID NAME & ADDRESS VIOLATION
16-493 SARAHHBOHR Chapter 24 Zoning District
2337 SEMINOLE RD UNIT #A Chapter 24 Short Term Rentals
Chapter 20 Business Tax Receipt
Ms. White presented the case, read the violations and stated Ms. Bohr has an oceanfl"ont property that she has
offered for lease to do wedding venues. She stated it is posted on the intemet and the advertisement shows that
you can rent it for 3 or 4 days as part of your wedding. She presented photos of the advertisement, stating she
printed this off the intemet today and it is still being posted there. She stated she is getting numerous
complaints from the neighbors. She stated one of Ms. Bohr's neighbors provided some information to give to
the Board and it is attached to their case histmy report for review.
Sarah Bohr, 2337 Seminole Rd., stated the notice she received only mentioned one of the violations read by
Ms. White, the Chapter 24 Shmi Tetm Rentals. Ms. White stated that is the main violation, Short Term
Rentals. Ms. Bohr provided her testimony, stating all of her tenants stay for 90 days. She stated she has a
tenant who has lived with her for over 4 years and another tenant who has lived there since last August. She
stated the minimum rental period in Atlantic Beach is 90 days, and that is what she offers. She acknowledged
there were problems with some of her ads, stating one of the ads she cancelled and she was unaware they were
Draft Minutes of the Code Enforcement Board on May 9, 2017 Page 6 of 13
still running it. She stated it is her position that she is not in violation of any code because anyone who has a
wedding on her property must live there for 90 days minimum.
Chair de Luna asked Ms. Bohr if she was sworn in and she stated no, she was not present at the very beginning
of the meeting. Chair de Luna administered the oath to Ms. Bohr. Mr. Sasser asked Ms. Bohr if the property
was still being advertised as a wedding reception place of business. Ms. Bohr stated it is listed on a website that
promotes weddings, but it clearly says that you must rent a unit for 90 days. Mr. Sasser stated rentals are one
thing when you are renting a property, but if you are running a business and it is not in a business area, then he
questions whether you can do that. He stated if you have somebody that wants to rent it for 90 days that is fine
within the code. She stated she does not charge for the weddings. Mr. Sasser stated he understands that, but he
believes her business is weddings. He stated he feels she is taking a residential unit and placing it out there as a
commercial venue. Discussion ensued regarding her advertisements and marketing of the property.
Chair de Luna called Ms. Bohr's first witness to the podium and administered the oath to him. Kevin Bates,
answered questions from Ms. Bohr, stating he has lived on her property since December 2012 and loved living
there.
Ms. Glasser questioned Mr. Bates and Ms. Bohr about which units they live in, trying to detennine which units
are being rented or occupied and which units are being rented for the weddings. Ms. Bohr stated she lives in
part of unit A and Mr. Bates lives in unit B and she has 2 more units than the ones they occupy. Further
discussion ensued regarding the misinformation in all the ads the Board had been given to review and Ms.
Bohr's statements that she had been unaware they were incoiTect, but has now coiTected them.
Ms. Bohr stated she has another tenant here to speak. Julie Greer, 2337 Seminole Rd., Unit A, stated she was
already sworn in. She stated she has lived in unit A since August 2016 and plans on renewing her lease for
another year. Discussion ensued.
Ms. Bohr stated she has another witness. Angela Mathews-Gale approached the podium and Chair de Luna
administered the oath. Ms. Bohr asked the witness several questions establishing the histmy of their
relationship. Ms. Mathews-Gale stated her nephew's wedding was held at Ms. Bohr's residence on July 1,
2016. Ms. Glasser asked the witness what unit the wedding was in and the witness stated the wedding was held
outside and the bride and groom stayed in the middle unit, but she did not know what the unit was called.
Discussion continued.
Mr. Norman stated, though he appreciates the testimony of the tenants and witnesses, he feels compelled by Mr.
Sasser's comment regarding what was the intent. He stated, is the business providing event space or is the
business to make 90 day short term or longer rentals. He stated we have focused a lot on the events and he is
not sure whether that is even germane to us; rather it is what is the purpose of this business or the ownership of
this property.
Staff recommends the Board find the property owner in violation and orders that compliance be achieved by
ceasing all business activity specifically leasing residential property for wedding venues and cease all short term
rentals for less than 90 days including all advertising of same immediately or a fine of $250.00 will be imposed
for the first day and $250.00 for every day thereafter the violation continues to exist. The property owner is
responsible for contacting the City Code Enforcement Officer to verifY compliance.
Ms. Bohr continued to dispute that she was in violation of any Atlantic Beach City Code. Discussion followed.
Motion: The Board adopts the staff recommendation.
Moved by Norman, Seconded by Hansen
Draft Minutes of the Code Enforcement Board on May 9, 2017 Page 7 of 13
17-637
There was no fmiher discussion.
The motion was approved unanimously.
CASEID NAME & ADDRESS VIOLATION
17-563 MIDLAND IRA, INC FBO Sec. 12-1(7) Nuisance-Junk Veh, Junk
ATILLIO CERQUEIRA IRA Sec. 24-173(b )(1) Outside Storage ( comm)
#7446020 IPMC Sec. 302.8 Motor Vehicle
72LEVYRD
Ms. White presented the case, reading the violations and showing photos of the property. She stated this
gentleman has one of the businesses in this commercial district with too much stuff. She stated she has been
working with the property owner, Billy Lewis, and he has made great progress, but he is not quite there yet.
Ms. Glasser commented that the name on the agenda shows Midland Ira and not Billy Lewis as the property
owner and asked for clarification. Ms. White stated the ownership is wrong due to problems with the software
and confirmed that Billy Lewis is the owner of the property.
Billy Lewis, 72 Levy Road, property owner, stated he is in the process of cleaning it up and Ms. White has
been working with him regarding a fence to help hide or screen the property. Mr. Lewis stated we applied for a
fence permit months ago and it has been held up for whatever reason. He stated it is his understanding there is a
move to a zero lot line. He stated he does not have a problem putting up a fence, but explained the issues with
setbacks and fence height.
Chair de Luna asked Ms. White for her recommendation and she stated she feels he is in the same situation as
the rest ofthese folks, and recommends continuance until September 12,2017. However, she instructed him to
keep cleaning up the property. Discussion ensued.
Motion: The Board adopts the staff recommendation.
Moved by Sasser, Seconded by Glasser
There was no further discussion.
The motion was approved unanimously.
CASEID NAME & ADDRESS VIOLATION
* CERQUEIRA,ATILLION & Sec. 24-173(b)(l) Outside Storage (comm)
CATHERINE IPMC Sec. 302.3 Sidewalks and Driveways
580 MAYPORTRD Chapter 24 Zoning District
24-154 (b) 1 and 2 Outdoor Display 24-154 Parking
Area
Sec. 24-154(g) Outdoor Display Comm
Sec. 12-l(a) Nuisance-Conditions
Ms. White presented the case, reading the violations and showing photos of the property. Ms. White stated the
main address of the property is 580 Mayport Road, but the address for this tenant would be 56 W 61h Street. Ms.
White explained the tenant does scrap metal recycling and it is a mess. She stated the tenant is in a district
where outside storage is not allowed, the business is supposed to be done completely inside the building. Ms.
White stated the tenant has been operating the business for quite some time, however, right after opening the
business she was cited for outside storage and scrap lumber. Ms. White stated she has a copy of the Code
Enforcement Board Order from 1997, so the tenant was notified of the violations, but as the business grew it has
Draft Minutes of the Code Enforcement Board on May 9, 2017 Page 8 of 13
ballooned into what you see today. Ms. White stated this particular business would not be helped by the
ordinance that Mr. Cerqueira has proposed.
Michelle Perry, owner of Beaches Recycling, gave her testimony, stating they have been in business since
1989 and have always done the same thing. She stated they have stuff outside during the day, but at night they
put it all in the building. Discussion ensued.
Chair de Luna asked Ms. Peny if she understood what Ms. White was asking her to do, and she stated she
wants us to get rid of the container and not put anything outside. Ms. White stated Ms. Perry has to conduct her
business inside, she cannot have it outside.
Atillio Cerqueira, 36 W. 61h St., property owner, stated he is here in defense of his tenant who has been doing
business there for 20 years and is providing a great service to the community. He stated it hasn't been a
problem until now and he questions who is complaining. Chair de Luna stated the City is trying to clean up and
as the Code Enforcement Board we are here to enforce the ordinances if there are violations. Chair de Luna
stated, from what he has heard this evening, the ordinance Mr. Cerqueira has proposed is not going to solve the
problem for this case and Mr. Cerqueira agreed. Discussion ensued.
Staff recommends the Board find the property owner in violation and orders the business to cease all outside
storage and outside business activity in the required parking area/right of way and retention pond and move all
business activity inside the structure by June 27, 2017 or a $250.00 per day fine will be imposed for the first day
and $250.00 each day thereafter until full compliance is achieved. The property owner is responsible for
notifYing Code Enforcement to request an inspection to verifY compliance.
Motion: The Board adopts the staff recommendation.
Moved by Norman, Seconded by de Luna
Ms. Glasser remarked to Ms. Peny that the Board does not have much choice but to find you in violation,
however, she urged her to try and find a solution. Ms. Glasser stated she feels there is a solution here that does
not put Ms. Peny out of business or force her to move. Discussion ensued regarding the date of compliance and
the following amended motion was made.
Amended Motion: The Board adopts the staff recommendation with the exception that the date of
compliance be changed to September 1, 2017
Moved by Norman, Seconded by de Luna
The motion was approved unanimously.
CASEID NAME & ADDRESS VIOLATION
17-614 REGINA ROSENSTEIN TRUST Sec. 17-41 (b) Sign damaged and poorly maintained
501 MAYPORTRD Sec. 17-51(3)d. Sign Non Conf25% Damaged
Ms. White presented the case, reading the violations and showing photos of the property.
Essa Khazal, tenant of the Hanna Park Food Mart representing Ms. Rosenstein, stated the wind damaged
the sign and they have been fighting with the insurance company. He explained they have found a sign
company to rebuild the whole sign. Ms. White advised Mr. Khazal not to do anything to the sign and spend any
money on it because the sign has to be dropped down to eight feet and it has to be a monument sign. She stated
the sign does not comply with the ordinance and has to be removed.
Staff recommends the Board find the property owner in violation and allow until June 15, 2017 to remove the
dilapidated, non-conforming ground sign. Failure to comply will result in a $250.00 per day fine for the first
Draft Minutes of the Code Enforcement Board on May 9, 2017 Page 9 of 13
day and $250.00 every day thereafter the violation continues to exist. The property owner is responsible for
notifYing Code Enforcement to request an inspection to verifY compliance.
Chair de Luna asked Mr. Khazal if he understood Ms. White's recommendation and discussion ensued. Chair
de Luna reiterated the importance of submitting the plans for a pennit to ensure it meets the ordinance
requirements.
Motion: The Board adopts the staff recommendation with the exception that the date of compliance be
changed to September 1, 2017
Moved by de Luna, Seconded by Sasser
There was no fmiher discussion.
The motion was approved unanimously.
CASEID NAME & ADDRESS VIOLATION
17-564 H & H AUTOMOTIVE REPAIR IPMC Sec. 302.8 Motor Vehicle
SHOPS Sec. 24-173(b )(1) Outside Storage ( comm)
20LEVYRD
Ms. White presented the case, reading the violations and showing photos of the property. Ms. White stated this
is the lot where Mr. Lewis stores his wood and a trailer that he is supposed to be getting rid of. She stated he
has been working hard to clean it up. She stated the property owner is present to address the Board.
Mr. Lewis approached the podium and explained how he made rails and put the wood in stacks to make it look
decent and presentable. Eric Herman, property owner and Vice President of H & H Automotive Repair
Shops, Inc., stated he hoped the proposed ordinance changes would take care of the problems.
Chair de Luna asked Ms. White for her recommendation and she stated he needs to get rid of the trailer and has
until September to address all the other issues. Chair de Luna explained to Mr. Herman that the Board was
going to continue the case until September 12, 2017.
Motion: The Board moves to continue the case until September 12,2017.
Moved by Hansen, Seconded by Keith
There was no further discussion.
The motion was approved unanimously.
CASEID NAME & ADDRESS VIOLATION
17-561 MIDLAND IRA, INC FBO Sec. 24-173(b )(1) Outside Storage ( comm)
A TILLIO CERQUEIRA IRA
#7446020
70LEVYRD
Ms. White presented the case, reading the violations and showing photos of the property. Ms. White stated
Billy Lewis rents from the property owner, Atillio Cerqueira. She stated Mr. Lewis has been trying to get it
cleaned up. Ms. White stated this is another one that is under the September proposed ordinance change. Mr.
Cerqueira asked the Board to suspend any action until September 12, 2017.
Motion: The Board moves to continue the case until September 12,2017.
Moved by Sasser, Seconded by Hansen
Draft Minutes of the Code Enforcement Board on May 9, 2017 Page 10 of 13
17-551
There was no further discussion.
The motion was approved unanimously.
CASEID NAME & ADDRESS VIOLATION
17-562 C QUEST PROPERTIES LLC Sec. 12-1(7) Nuisance-Junk Veh, Junk
74 LEVY RD Sec. 24-173(b )(I) Outside Storage ( comm)
Ms. White presented the case, reading the violations and showing photos of the property.
Chair de Luna asked Ms. White if her recommendation was to continue the case until September 12, 2017, and
she stated yes.
Motion: The Board moves to continue the case until September 12,2017.
Moved by Keith, Seconded by Hansen
There was no further discussion.
The motion was approved unanimously.
CASEID NAME & ADDRESS VIOLATION
B & K PROPERTY MGMT & Chapter 20 Business Tax Receipt
DEY, INC Sec. 24-173(b )(1) Outside Storage (comm)
10DONNERRD Chapter 24 Zoning District
Ms. White presented the case, reading the violations and showing photos of the property. She asked if there
was anyone present representing B & K properties and there was no response. She stated they have a tenant
that opened a business and has a forklift parked out front that he has been cited for, but he continues to store the
forklift outside.
Staff recommends the Board find the property owner in violation and allow until May 15, 2017 to achieve full
compliance. Failure to comply will result in a $250.00 per day fine being imposed for the first day and $250.00
fine per day for every day thereafter until compliance is achieved. The property owner is responsible for
notifying Code Enforcement to request an inspection to verify compliance.
Chair de Luna asked Ms. White if she had talked to anyone with regards to this case and she stated she has
talked to the gentleman that is renting the space a couple of times, but she has not talked to the owner. Ms.
Glasser asked if service was made to the tenant and not the owner. Ms. White stated service was made to B &
K Property and explained that she always does the property owners, she does not serve tenants unless she calls
them as a witness, which is very rare.
Motion: The Board adopts the staff recommendation.
Moved by Norman, Seconded by Glasser
There was no further discussion.
The motion was approved unanimously.
Draft Minutes of the Code Enforcement Board on May 9, 2017 Page 11 of 13
CASEID NAME & ADDRESS VIOLATION
17-575 * LADUE, JOSHUA Sec. 24-173(b )(1) Outside storage (resi)
1930 FRANCIS AVE
Ms. White presented the case, reading the violations and showing photos of the property. She stated he has now
cleaned it up.
Chair de Luna asked if Mr. Ladue would like to make a statement and he declined. The Board thanked him for
making the property look nice.
Staff recommends the Board find the property owner in violation for the time m violation and now m
compliance.
Ms. Glasser addressed Mr. Ladue, stating he is not quite there yet, in her view. Chair de Luna asked Mr. Ladue
to please come to the podium to speak.
Mr. Ladue approached the podium stating his name and address, Joshua Ladue, 1930 Francis Avenue. Ms.
Glasser thanked him for being here and reiterated her remark that he is not quite there yet, he could make it
really beautiful. Mr. Ladue stated he plans to keep going and finish it.
Motion: The Board adopts the staff recommendation.
Moved by Norman, Seconded by Hansen
There was no further discussion.
The motion was approved unanimously.
CASEID NAME & ADDRESS VIOLATION
17-604 TIMOTHY F MAHONEY IPMC Sec. 302.8 Motor Vehicle
111 S SARATOGA CIR Sec. 24-173(b )(1) Outside storage (resi)
Ms. White presented the case, reading the violations and showing photos of the property. She stated he has now
cleaned it up.
Staff recommends the Board find the property owner m violation for the time m violation and now m
compliance.
Motion: The Board adopts the staff recommendation.
Moved by Hansen, Seconded by Keith
There was no further discussion.
The motion was approved unanimously.
5. Miscellaneous Business
Chair de Luna stated he gave everybody a little homework at the last meeting to talk about any comments and
suggestions they may have regarding recruiting, training, and retention of board members for any of the boards
that the City of Atlantic Beach has. He asked if anyone had any suggestions that he could take back to
Commissioner Stinson.
Mr. Norman stated he feels we cannot make the process of being a volunteer, qualifYing to be a volunteer, or
remaining a volunteer too onerous or we will discourage people from participating. He stated he noted in some
Draft Minutes of the Code Enforcement Board on May 9, 2017 Page 12 of 13
of the materials that were distributed that there would be some kind of a review process and perhaps for people
to get renewed on a board, they would have to sit through an interview. He reiterated, if we are not cautious we
will discourage people, not attract people with doing these things. He feels we need to make the process as
facile and encouraging as possible and the City needs to do better job of getting the word out of how useful this
service can be.
Ms. Glasser commented that she recognizes some of the boards talk about trying to get certain types of
expertise on their committees and if we had unlimited volunteers that would be great. She stated the fact is we
just need to get people who are interested in the community and she agrees that we should not make it an
onerous process.
Mr. Sasser suggested a good way to get the word out is through the City water bills and the enclosed newsletter.
Discussion continued.
Mayor Reeves asked to address the Board, stating he was in attendance tonight because he wanted to hear the
comments from the board members. He stated what they are looking for is to recruit more people and explained
they were trying to set the process to make the boards active and help ensure we always have a quorum for
boards. He discussed the changes they were making to show recognition to all the people who volunteer their
time to be on a board. He stated they were trying to improve the process and thanked everyone for their service.
Ms. White announced that we have a new software program, explaining the next time we meet their paperwork
will not look the same. She reminded everyone that we will not have a meeting in July. Discussion ensued.
Adjournment
Chair de Luna adjourned the meeting at 9: 14 p.m.
Benjamin de Luna, Chair
Dayna L. Williams, Secretary
Draft Minutes of the Code Enforcement Board on May 9, 2017 Page 13 of 13
TO: Code Enforcement Board
FROM: Deborah White, Code Enforcement
RE: MEETING November 14,2017
*HOMESTEADED PROPERTIES
**ZONING/OUTSIDE STORAGE
OLD BUSINESS
16-341 31 Royal Palms Drive ·RSNS dba Seafood Kitchen
VIOLATIONS
Sec. 6-16. Adoption of Florida Building Code.
FBC Section 105 Permit 105.1 Required
Sec. 24-157. Fences, walls and similar structures
CASE HISTORY-BACKGROUND
06-09-1997 Notice sent to Mr. Wadie Bakkar, previous owner from Don Ford, Building Official on
unpermitted structures and encroachment violations.
08-19-1998 Don Ford, Building Official notes that Mr. Waddie Bakkar is removing structure.
12-10-1998 Letter sent to previous owner Mr. Wadie Bakkar from Don Ford, Building Official to bring
unpermitted structures into compliance
12-26-1998 Letter from Mr. Bakkar that he has a resolution to the problem and will move the walk in
cooler into the beauty salon
01-08-2001 Mr. Don Ford, Building
12-09-2015 Notice to Mr. Stuart and Mr. Handler on violations, unsanitary conditions, grading and
unpermitted structure, and inadequate fire separation
1
08-08-2016 Copy ofletter Mr. Handler sent to Mr. Stuart on encroachments onto his property
Courtesy notice given to manager, 5 days to comply
Telephone call from Nathan Stuart who asked me to call his Dad, Russell Stuart
08-11-2016 Met with Mr. Russell Stuart and advised him he needed a survey to apply for permits
08-11-2016 Mr. Russell called and stated he did not have a survey
08-16-2016 Stop Work Order issued for fence, shed, coolers etc. installed without permits
08-17-2016 Mr. Stuart calls City Manager Nelson VanLiere
09-09-2016 CMRRR Notice of Violation sent to Mr. Stuart on violations (no permits)
09-12-2016 Mr. Stuart signs for certified letter (20 days for compliance)
09-14-2016 Email from Mr. Crabtree requesting an extension. Extension granted until November 4, 2016
09-15-2016 Mr. Crabtree letter requesting an extension until November 4, 2016
10-04-2016 Deadline for compliance, inspection reveals all violations same
10-11-2016 Records request from Paul Eakin, attorney for Mr. Handler
11-04-2016 Mr. Stua1t is granted a 30 day extension to November 4, 2016 for compliance
Emails between City Attorney, Mr. Crabtree in reference to an extension that was granted
12-05-2016 Deadline for compliance on 30 day extension, violations continue
12-06-2016 Meeting to discuss case and violations
12-12-2016 Notice of Hearing sent for January 10,2017 CEB meeting
12-15-2016 Notice of Hearing received and cettified mail signed for January 10, 2017 hearing
01-10-2017 CEB Meeting and Order-Respondent is found in violation for non-compliance and must obtain
compliance on or before March 13, 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 include administrative costs to the City incurred in prosecuting this case.
03-07-2017 Email from Ca1·son Lange, Attorney requesting copy of the Ma1·ch 11, 2017 agenda
03-07-2017 Notice of Hearing posted on property (original returned fi·om post office)
03-11-2017 CEB Meeting and Order -Respondent is found in violation for non-compliance with the Board's
previous order issued at the January 10, 2017 hearing. The Board grants an extension until
September 12, 2017 to obtain compliance with the previous order. Failure to comply will result
in fines of $250.00 per day for the first day and $250.00 every day thereafter while the violation
continues to exist. In addition, any fine shall also include administrative costs to the City
incurred in rosecuting this case.
03-14-2017 Affidavit of non-compliance prepared and signed
07-14-2017 Meeting conducted between Mr. Crabtree, Dan Arlington, Brenna Durden and Derek Reeves. I
was not invited or in attendance at this meeting.
2
08-02-2017 Notice of Hearing sent to RSNS and Zack Crabtree, Attorney for Mr. Stuart
08-23-2017 Complaint on conditions behind the Seafood Kitchen, refened complaint to local State, DBPR,
Division of Hotels and Restaurants for action
09-12-2017 Deadline for compliance with Board order March 14, 2017
Sec. 6-16. Adoption of Florida Building Code
16-397 763 Atlantic Boulevard Handler Family Partnership
VIOLATIONS
FBC Section 105 Pennit 105 .1 Required
Sec. 24-157. Fences, walls and similar
CASE HISTORY
09-09-2016 Notice ofViolation sent to property owner on unpennitted structures encroaching and
constmcted by his adjacent neighbor. Including set back violations and fencing installed all
without permits.
09-30-2016 Notice ofViolation received
11-30-2016 Paul Eakin, Attorney calls advise he will be representing Mr. Handler. Advised Mr. Eakin, Mr.
Stuart had called to complain about palm fronds and trash on Mr. Handler's property.
12-08-2016 Notice of Hearing for January 10, 2017 CEB meeting. Copy sent to Mr. Eakin, attorney for
Handler.
12-13-2016 Mr. Handler called, returned call and left message
12-23-2016 Notice of Hearing signed for
01-09-2017 Email from Mr. Eakin he will not be appearing on behalf of Handler Family Partnership
at the January 10, 2017 meeting.
01-10-2017 CEB Meeting-Case deferred to March 14,2017 meeting
02-07-2017 Email from Steve Diebenow, Attorney for Handler Family Partnership
02-22-2017 Notice of Hearing sent for March 14, 2017 CEB meeting
03-06-2017 Notice of Hearing signed for
03-14-2017 CEB Meeting-Code Enforcement Board granted .an extension until September 12, 2017 for you
to achieve full compliance with the violations on your property as noted. Copy sent to Cyndy
Trimmer, Attorney that appeared for Handler Family Patinership .
07-31-2017 Notice of Hearing sent for September 12, 2017 CEB meeting
08-08-2017 Call from John Green, property manager for Mr. Handler
08-15-2017 Notice ofHearing signed for September 12, 2017 CEB Meeting
3
08-29-2017 Call from Mr. Handler on work on property to repair his roof and replace water damaged
drywall and insulation. Contractor applied for permit.
**16-390 400 Levy Road C QUEST PROPERTIES
VIOLATIONS
Sec. 24-111 Commercial General Districts (CG) (c)
24-173. Neighborhood preservation and propetiy maintenance standards
Sec. 24-154. (b)-Outdoor display, sale and storage of fumiture, household items, merchandise and business
activities outside of enclosed buildings.
. .
', I j •..._. , ' j : ~~~~~ ~ •
04-04-2016 Business tax applied for
09-06-2016 Notice of Violation sent to property owner of zoning, storage issues
09-09-2016 Notice of Violation received
09-23-2016 Reinspection of site reveals violations same
12-8-2016 Notice ofHearing for January 10 , 2017 CEB meeting
12-12-2016 Notice ofHearing dated December 8, 2017 received
01-10-2017 CEB Meeting and Order-espondent found in violation for non-compliance and must obtain
full compliance on or before February 7, 2017. Failure to comply will result in fines of$250.00
per day for the first day and $250.00 for every day thereafter the violation continues to exist. In
addition, any fine shall include the administrative cost to the City incuned in prosecuting this
case.
01-23-2017 Board order received
01-24-2016 Spoke to Mr. Cerqueira who state he is working on a resolution
02-09-2017 Affidavit of non-compliance
02-10-2017 Business tax receipt application disapproved "not a pennitted use in district'
01-22-2017 Notice of Hearing for March 14, 2017 meeting
02-25-2017 Notice ofHearing dated January 22, 2017 received
03-14-2017 CEB Meeting and Order-Respondent is found in violation for non-compliance with the Board's
previous order issued at the January10, 2017, hearing. The Board grants an extension until June
27, 2017 to obtain compliance with the previous order. Failure to comply will result in fines of
$250.00 for the first day and $250.00 every day thereafter while the violation continues to exist.
In addition, any fine shall include the administrative cost to the city incUITed in prosecuting this
case.
04-04-2017 Board order from March 14, 2017 meeting received
08-01-2017 Notice ofHearing sent for September 12, 2017 meeting
4
8-5-2017 Notice ofhearing dated 8-1-2017 received.
**17-558 76 Levy Road Cox Construction
VIOLATIONS
Chapter 24. Land Development
Sec. 24-111 Commercial General Districts (CG)
-~ ---:--...~ ....
RECOMMENDATION: - • -I~ ..
CASE HISTORY
01-30-2017 Notice of Violation sent to property owner
02-01-1017 Notice of Violation received
02-13-2017 Deadline for compliance
02-14-2017 Inspection reveals non-compliance
02-23-2017 Notice of Hearing sent for March 14, 2017 CEB meeting
02-25-2017 Notice of Hearing for March 14,2017 meeting received
03-14-2017 CEB Meeting and Order-!Respondent found in violation for non-compliance and must obtain
compliance on or before May 9, 2017. Failure to comply will result in fines of $100.00 per day
for the first day and $100.00 every day thereafter the violation continues to exist. In addition, any
fine shall also include the administrative costs to the City incmTed in P.rosecuting this case .
04-14-2017 Met with Jeny Nicholson on violations
05-09-2017 CEB meeting case was withdrawn as we had no service of the Notice of Hearing
07-31-2017 Notice ofHearing for September 9, 2017 meeting
08-02-2017 Notice of Hearing received
I *16-493 2337 Seminole Road Sarah Bohr
VIOLATIONS
Chapter 24. Land Development Regulations. Section 24-17. Definitions. Short tenn rentals
Chapter 24. Land Development Regulations. Section 24-17. Definitions. Sh01i te1m rentals shall mean any
:residential rental or lease the te1m of which is less than ninety (90) days. Short te1m rentals shall similarly be
considered to be commercial uses as are Hotel, Motel, Motor Lodge, Resort Rental, Bed and Breakfast or
Tourist Court Uses. (Short te1m rentals are not permitted in a residentially zoned district)
CASE HISTORY
Previous Case #14-1039 and 15-2129
11-17-2016 Email complaint received from adjacent neighbors (spoke to complainant on telephone)
5
11-18-2016 Notice ofViolation sent on violations
11-22-2016 Notice ofViolationreceived
03-08-2017 Notice of Hearing posted on property with affidavit
03-09-2017 Records request from Ms. Bohr on case copy of emails sent requesting ads be removed from
web sites
03-14-2017 Ad gone from The Knot
Continuance granted until the May 9, 2017
04-19-2017 Notice of Hearing sent for May 9, 2017 CEB meeting
05-09-2017 CEB Meeting and Order-THAT the Res ondent is in violation for non-compliance and must
obtain compliance on or before May 9, 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, and
will accrue interest at a rate often (10) percent per annum from the date of ce11ification of non
compliance. In addition, any fine shall also include the administrative costs and filing fees to the
City incurred in prosecuting this case.
05-27-2017 Orde1· received
05-30-2017 Email second request Ms. Bohr demanding ads be removed
117-549 1480 Mayport Road Jax Petro, LLC
VIOLATIONS
Chapter 24. Land Development Regulations. 24-171(c)(1)(3) Dilapidated Canopy
CASE HISTORY
01-25-2017 Notice ofViolation (30 days)
01-30-2017 Notice ofViolation received
03-01-2017 Deadline for compliance. Violation continues
04-19-2017 Notice of Hearing sent for May 9, 2017 CEB meeting
04-28-2017 Reinspection of property reveals violation continues
Telephone call from Mr. Patel stating he is getting quotes on canopy
05-09-2017 CEB Meeting and Order-THAT the Respondent is in violation for non-compliance and must
obtain compliance on or before September 1, 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, and will accrue interest at a rate of ten (1 0) percent per annum from the date of
ce11ification of non-compliance. In addition, any fine shall also include the administrative costs
and filing fees to the City incurred in prosecuting this case .
08-02-2017 Notice ofHearing sent for September 12, 2017 CEB meeting
6
08-03-2017 Building Pe1mit applied to repair/replace canopy over existing steel ACC17-0051
11-01-2017 Pe1mit issued and canopy completed
**17 -570 24 Ardella Road Peter and Carla Whalen
VIOLATIONS
Sec. 24-111 Commercial General Districts (CG) (c) Permitted Uses
24-173. Neighborhood preservation and prope1iy maintenance standards
Chapter 24. Land Development Regulations CG District
Chapter 20 Business Tax Receipts Section 20-52. Levy
CASE HISTORY
02-06-2017 Notice ofViolation
02-08 -2017 Notice of Violation received
02-24-2016 Met with Mr. Whalen
08-31-2016 Notice ofViolation sent to respondent
09-19 -2016 complaint received on Civic Plus
03-10-2017 Case referred to CEB
04-28-2017 Reinspection condition same, violations continue
05-09-2017 CEB Meeting-Board granted a continuance until September 12, 2017
05-25-2017 Letter to respondent that CEB granted a continuance on your case referenced above until
September 12, 2017
I **17-563 72 Levy Road Billy Lewis
VIOLATION
Sec. 12-1 Nuisances (b)
Sec. 24-173. Neighborhood preservation and property maintenance standards. (b)
IPMC Sec.302.8-Motor Vehicles
CASEIDSTORY
03-08-2017 Notice of Violation posted on property with affidavit
03-20-2017 Deadline for compliance
03-22-2017 Violations continue, Mr. Lewis working on it applies for fence pe1mit
7
04-20-2017 Notice of Hearing for May 9, 2017 hearing
04-28-2017 Reinspection verifies violation remain
05-09-2017 CEB Meeting-Board granted a continuance until September 12, 2017
05-25-2017 Letter sent to respondent on Boards action May 9, 2017
08-02-2017 Notice of Hearing for September 12, 2017
08-10-2017 Notice of Hearing received September 12, 2017 meeting
**17-637 580 Mayport (aka 56 West 6th Street) Atillio Cerqueira
VIOLATIONS
Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and
upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be
maintained in an acceptable manner, which shall be defmed by the following characteristics: 1. Lots are
maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction
materials, and broken and abandoned items.
IPMC Sec. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and
similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
Chapter 24. Land Development Regulations. CG District Permitted Uses
Sec. 24-154. (b)-Outdoor display, sale and storage offumiture, household items, merchandise and business
activities outside of enclosed buildings.
Sec. 24.154 Outdoor display, sale and storage of furniture household items, merchandise and business activities
outside of enclosed buildings. * (g) Within all non-residential zoning districts, the outside display of products,
or outside sale of furniture, clothing, dry goods, hardware or other similar merchandise, equipment and
materials, and also street vendors, shall be prohibited.
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
CASEIDSTORY
07-10-1996 Business tax receipt applied for this business
07-14-2017 Met with tenant Michelle to discuss case, fence etc.
09-02-1997 CEB meeting
09-08-1997 Invoice sent to Michelle, Pennick dba Beaches Recyling on CEB administrative expenses for
$92.73, CASE #97-5574
03-13-2017 Notice ofViolation sent to prope1iy owner
03-16-2017 Notice ofViolation received
8
04-28-2017 Reinspection violation remain, photos taken
05-09-2017 CEB Meeting and Order-THAT the Respondent is in violation for non-compliance and must
obtain compliance on or before Se tember 1, 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, and will accrue interest at a rate often (10) :Q ercent per annum from the date of
certification of non-compliance . In addition, any fine shall include the administrative costs and
filing fees to the City incurred in prosecuting this case.
07-31-2017 Notice ofHearing sent for September 12, 2017 meeting
08-04-2017 Notice ofHearing received
08-28-2017 Tenant Michelle called for information on obtaining an extension for more time. Advised her
only the CEB can give more time.
* * 17-564 20 Levy Road H & H Automotive
VIOLATIONS
Sec. 24-173. Neighborhood preservation and property maintenance standards. (b)
CASE HISTORY
01-31-2017 Notice ofViolation to property owner
02-07-2017 Respondent signs for Notice of Violation
02-06-2017 Call from property owner requesting what he needed to do for compliance
02-24-2017 Reinspection reveals property in violation
04-20-2017 Notice ofHearing for May 9, 2017 meeting
04-28-2017 Reinspection of property reveals violations continue
05-02-2017 Notice of Hearing signed for
05-09-2017 CEB meeting no order-Board issued a continuance on this case until September 12, 2017.
05-25-2017 Letter sent to respondent on Board continuance of case
08-01-2017 Notice ofHearing sent to property owner
08-04-2017 Notice ofHearing signed for September 12, 2017 meeting
**17-559 0 W 14th Street (vacant lot) Midland IRA
VIOLATIONS
Sec. 24-173. Neighborhood preservation and propmiy maintenance standards. (b)
Outside Storage (comm) Sec. 24-173(b)(l)
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...« ~-~t...~............_,._{,_~~"' .. ,__·Ar,-.._•~.""'"-' -..!'l~~.l. ·=-~-".;Ji;L,£·~ -~~~
9
CASE HISTORY
01-31-2017 Notice ofViolation to prope1iy owner
02-13-2017 Reinspection of property reveal violations continue
03-03-2017 Notice ofHearing sent for March 14, 2017 CEB meeting
03-06-2017 Notice ofHearing signed for
03-14-2017 CEB Meeting and Order-Respondent is found in violation for non-compliance and grants and
extension until June 27, 2017 to obtain compliance with the exception of the immediate removal
of any junk cars or inoperable vehicles. Failure to comply will result in fines of $250.00 for the
first day and $250.00 for every day thereafter the violation continues to exist. In addition, any
fine shall also include administrative cost to the City incurred in the prosecuting this case
05-09-2017 CEB meeting no order-Board issued a continuance on this case until September 12, 2017.
05-25-2017 Letter sent to respondent on Board continuance of case
08-01-2017 Notice ofHearing sent for September 12, 2017 CEB Meeting
08-14-2017 Notice ofHearing signed for
I **17-561 70 Levy Road Midland IRA
VIOLATIONS
IPMC Sec. 302.8 Motor Vehicle
Sec. 24-173. Neighborhood preservation and prope1iy maintenance standards. (b)
Outside Storage (comrn) Sec. 24-173(b)(1)
-. . . .,..~,
' -. . ' ~ ,·-.
CASE HISTORY
01-30-2017 Notice ofViolation to property owner
02-04-2017 Respondent signs for Notice of Violation
02-24-2017 Reinspection reveals property in violation
03-03-2017 Notice ofHearing sent for March 14, 2017 CEB meeting
03-06-2017 Notice ofHearing signed for
03-14-2017 CEB Meeting and Order (March 6, 2017)-Respondent is found in violation for non-compliance
and grants and extension until June 27, 2017 to obtain compliance with the exception of the
immediate removal of any junk cars or inoperable vehicles. Failure to comply will result in fines
of $250.00 for the first day and $250.00 for every day thereafter the violation continues to exist.
n addition, any fine shall also include administrative cost to the City incurred in the prosecuting
this case.
05-09-2017 CEB meeting no order-Board issued a continuance on this case until September 12 , 2017.
10
05-25-2017 Letter sent to respondent on Board continuance of case
08-09-2017 Notice of Hearing for CEB September 12, 2017
**17-562 74 Levy Road C Quest Properties, LLC
VIOLATIONS
Sec. 24-173 . Neighborhood preservation and property maintenance standards. (b)
Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or
permit any act, occunence or condition within the city which constitutes a dangerous, unsafe, dilapidated or
unsanitary condition,
r -.. ~ - --" .. ,.
I ~ • ' I I -~ J • ~. '• {_t, ~ ~ : -' :._ . A
CASE HISTORY
01-31-2017 Notice ofViolation to property owner
02-04-2017 Respondent signs for Notice of Violation
02-15-2017 Deadline for compliance violations continue
02-24-2017 Reinspection reveals property in violation
04-21-2017 Notice of Hearing sent for May 9, 2017 meeting
04-28-2017 Notice of Hearing received
04-28-2017 Inspection ofpropetiy reveals violations continue and 2 junk vehicles red Ford huck with flat
tires and gold Nissan no tag
05-09-2017 CEB meeting no order-Board issued a continuance on this case until September 12, 2017.
05-25-2017 Letter sent to respondent on Board continuance of case
08-01-2017 Notice of Hearing sent for September 12, 2017 CEB Meeting
08-04-2017 Notice of Hearing signed for
08-28-2017 Violations continue
**17-551 10 Donner Road, Unit 20 B & K Properties
VIOLATIONS
Sec. 24-173. Neighborhood preservation and prope1iy maintenance standards. (b)
Sec. 24-111 Commercial general districts (c)
CASE HISTORY
01-25-2017 Courtesy notice given to tenant for outside storage of materials and a forklift
02-06-2017 Conditions same -violation continues
11
02-16-2017 Notice ofViolation sent
02-17-2017 Notice of Violation signed for
02-27-2017 Reinspection reveals violations remain
04-21-2017 Notice of Hearing for May 9, 2017 meeting
04-25-2017 Notice of Hearing signed for
04-28-2017 Reinspection violations continue
05-09-2017 CEB Meeting and Order-Respondent is in violation for non-compliance and must comply on or
before May 15, 2017. Failure to comply will result in fines of$250.00 er day for the first day
and $250.00 for every day thereafter the violation continues to exist, and will accrue interest at
the rate of ten 10 percent per annum for the date of the ce1iification of non-compliance. In
addition, any fine shall also include administrative cost incuned in prosecuting this case.
05-26-2017 Affidavit of non-compliance
06-08-2017 Board order signed for
07-31-2017 Notice of Hearing sent to property owner for September 12, 2017 meeting
08-05-2017 Notice ofHearing dated July 31, 2017 returned by Post office
08-09-2017 Notice of Rehearing to respondents' residence
08-14-2017 Notice ofHearing signed for
17-614 · 501 Mayport Road Regina Rosenstein
VIOLATIONS
Sec . 17-41 (b) Damaged signs and poorly maintained signs.
Sec. 17-51.-Nonconforming signs ec. 17-41 (b) Damaged signs and poorly maintained signs
RECOMMENDATION: Find in compliance
CASEIDSTORY
02-06-2017 Notice of violation on pylon sign
02-28-2017 Prope1iy owner signs for Notice of Violation
03-28-2017 Deadline for compliance violation continues
04-20-2017 Notice ofHearing for May 9, 2017 meeting
04-28-2017 Prope1iy owner signs for Notice of Hearing
04-28-2017 Property inspected and violations continue
05-09-2017 CEB Meeting and Order-The Respondent is in violation for non-compliance and must obtain
compliance on or before September 1, 2017. Failure to comply will result in fines of $250.00 per
day and $250.00 per day every day thereafter while the violation continues to exist, and will
accrue interest at a rate often (10) percent per annum from the date of non-compliance. In
12
addition, any fine shall also include the administrative costs and filing fees the City incuned in
12rosecuting this case.
05-26-2017 CEB order executed
06-08-2017 Respondent signs for CEB order
08-25-2017 Pylon has been removed, this case is in compliance
08-25-2017 Stop work order on new monument sign installed without a petmit
11-01-2017 No sign permit applied for or issued
NEW BUSINESS
*17-0113 2337 Seminole Road Sarah Bohr
VIOLATIONS
Sec. 24-108.-Residential, multi-family district (RG-M). (b) Permitted uses. Specifically, operating a business
and adve1iising and use of propetiy for wedding venues
CASE HISTORY
11-18-2016 Previous notice of violation for wedding venues
03-02-2017 Copy of contract for wedding venue at this location (copy attached)
05-22-2017 Email conceming application for wedding on beach
05-25-2017 Email from adjacent owner Mr. Wankat about outcome of hearing Notice of Violation
06-01-2017 Notice ofViolation received
08-03-2017 Notice ofHearing for September 12, 2017 meeting
08-09-2017 Notice of Hearing received
**17-670 400 Levy Road C Quest Properties, LLC
VIOLATIONS
Chapter 24-Fences, walls and similar structures. Sec. 24-157 Fences, walls and similar structures. (b) Height
and location. (1) Within required front yards, the maximum height
Sec. 24-157. Fences, walls and similar structures. (a) Pe1mit required
CASEIDSTORY
02-09-2017 Stop work order issued on fence
03-01-2017 Fence permit denied
13
04-20-2017 Notice of Violation sent to property owner
05-18-2017 Notice of violation resent to owners place ofbusiness
05-22-2017 Owner signs for Notice of Hearing dated May 18, 2017
05-24-2017 First Notice of Hearing dated April20, 2017
06-28-2017 Violation continues
07-05-2017 Spoke to owner about fence/posts etc.
08-01-2017 Notice of Hearing sent for CEB September 12, 2017 meeting
08-04-2017 Notice of Hearing received
*17-671 343 19th Street Y eveni Ozmikovsky
VIOLATION
Sec. 24-151. -Accessory uses and structures
:.._ / . ~ .... --. '-' -' ·--'
CASEIDSTORY
04-14-2017 Anonymous complaint from neighbor on play house installed on the corner and on property line
(via email fi:om Toni G)
04-14-2017 Email on complaint sent to Derek Reeves and Dan Arlington
04-20-2017 Notice ofviolation sent to propeliy owner on violation
04-25-2017 Referred to Derek for information on zoning
04-27-2017 Notice ofViolation signed for
05-20-2017 Spoke to Mr. 0 who is waiting to hear from Derek
06-26-2017 Called respondent and emailed survey indicating location that play house can be located to meet
zonmg
08-03-2017 Notice of Hearing sent for September 12, 2017 meeting
08-22-2017 Notice of Hearing returned by post office "unclaimed"
08-24-2017 Notice ofHern:ing Posted on propeliy and City Hall-violation continues
11-01-2017 Condition same, playhouse has not been properly relocated
14
*17-0048 1390 Rose Street Gregory Hutto
VIOLATION
Sec. 24-164 Swimming Pools (c) Fences
CASEIDSTORY
05-16-2017 Notice of Violation sent to property owner
05-22-2017 Notice of Violation signed for
05-24-2017 Reinspection reveals violation continues pool not secure (photos taken)
06-19-2017 Email fi·om prope1ty owner that gate has been reinstalled
06-28-2017 Inspection of property, violation continues (photos taken)
07-13-2017 Inspection of property, violation continues (photos taken)
07-31-2017 Notice of Hearing sent for September 12, 2017 meeting
08-08-2017 Inspection of property, violation continues (photos taken)
08-22-2017 Email and complaint from adjacent neighbor at 1388 Rose concerning the fence between the two
properties, photograph provided
08-22-2017 Email from prope1iy owner that violation has been taken care of
08-22-2017 Notice of Hearing returned fi·om post office
08-24-2017 Notice of Hearing posted on prope1ty and city hall, affidavit
*17-0117 405 Royal Palms Drive Kenyatta Ramsay
VIOLATION
Sec. 6-16. Adoption ofFlorida Building Code
RECOMMENDATION: FIND IN VIOLATION AND ALLOW 30 DAYS TO OBTAIN PERMITS FOR 2
PERGOLAS AND THE STORAGE BUILDING OR REMOVE ALL UNPERMITTED STRUCTURES
FROM THE PREMISE.,. FAILURE TO COMPLY WILL RESULT IN A $250. PER DAY FINE FOR THE
FIRST DAY AND $250.00 PER EVERY DAY THEREAFTER THAT THE VIOLATION EXIST.
CASEIDSTORY
06-06-2017 Notice of Violation sent to property owner about constmction done without permits
06-20-2017 Notice ofViolation signed for
07-03-2017 Deadline for compliance, no action or contact on this case
15
08-02-2017 Notice of Hearing sent to owner for September 12, 2017 meeting
08-05-2017 Notice of Hearing for September 12, 2017 meeting returned by post office unclaimed
08-24-2017 Notice of Hearing posted on propetiy
11-01-2017 No petmits applied for or obtained for these structures
17-603 115 Saratoga Circle South Larry Clement
VIOLATION
Sec. 24-157. Fences, Walls and Similar Structures (c) Maintenance offences. Fences that have been allowed to
deteriorate to an excessive degree
1) : ' f ) \ l -~ - . ·. I j \ I '! . ( ; .\ \ ' I /' ~ ~ ••• • - ---- • - • -• I ' I :
1 1 J I : I i ) " . I . . I I .I : : . ' . ~ ' ' '
t : t I I l j 'I ' -• I . I ' \ : \ : I ; ' -·. ' ' -'
~ • -• ' • • • -~ -' ~--..._ ' ~ • -• -~ J. -•
CASEIDSTORY
02-15-2017 Notice of Violation sent to propetiy owner
03-16-2017 Notice of Violation retumed from post office unclaimed
03-24-2017 Notice of Violation posted on propetiy and city hall, affidavit
04-05-2017 Call from propeliy owner on violation
04-14-2017 Reinspection violation continues
08-03-2017 Notice of Hearing for September 12, 2017 meeting sent to owner
08-10-2017 Owner calls concerning fence violation
08-22-2017 Notice of Hearing for September 12, 2017 meeting retumed unclaimed
08-24-2017 Notice of Hearing posted on propetiy, city hall and affidavit
11-01 -2017 Fence pmiially replaced, compliance is not met
REHEARING
14-1335 1202 Jasmine Street Pillar, LLC
VIOLATION
Section 22-7 4. Installation of toilet facilities required: connection of facilities to public sewer. (c)
CASEIDSTORY
12-08-2014 Case opened
16
02-23-2015 Posted property with Notice of Violation posting affidavit completed
07-23-2016 Notice ofViolation sent
07-28-2016 Notice ofViolation sent to new owner C Bass Mortgage
09-05-2016 Notice ofHearing sent
11-14-2016 CEB Meeting and Order -Respondent was found in violation for non-compliance and must
obtain compliance on or before December 12, 2016. Failure to comply will result in fines of
$250 .00 per day for the first day and $250.00 for every day thereafter while the violation
continues to exist. In addition, any fine shall include the administrative cost to the City incurred
in prosecuting this case .
12-07-2016 Notice ofHearing sent
12-12-2016 Inspection reveals no action
12-16-2016 Bank obtains title to property change in ownership
01-03-2017 Violation continues
01-09-2017 Email from altisource.com requesting payoff
01-10-2017 CEB Meeting and Order -THAT the Respondent is found in violation for non-compliance and a
fine of$250.00 per day is imposed commencing December 13,2016 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.
01-19-2017 Lien recorded in public record
04-13-2017 Property change in ownership
05-01-2017 Demolition permit applied for
05-22-2017 Demolition completed-compliance met
08-28-2017 Current fine has accrued to $44,293.50 total including interest and recording fees
08-03-2017 Notice ofrehearing sent
EXHIBIT 1 -Case·# 17-0113 Copy of Contract for wedding 23 3 7 Seminole Road
EXHIBIT 2-ORDINANCE 17-228 ( 6 PAGES)
17
THE ATLANTIC BEACH ESTATE
(ALSO KNOWN AS THE BLUFFS CLUSTER HOMES)
SARAH H. BOHR, OWNER
2337 SEMINOLE ROAD o ATLANTIC BEACH FLORIDA 32233
TELEPHONE 904 246-5565 o CELLULAR 904 472-6252
E-MAJL sarahhbohr@aol.com
Rental Rules/Contract
1. OWNER OF PROPERTY: The Owner ofthe property is Sarah H. Bohr who
resides on the property and whose address and telephone numbers are listed
above.
2. UNILATERAL CONTRACT & CONSIDERATION: After the payments of all
rents, fees, and deposits as set forth herein, Owner will rent the Unit C (garden
suite) to Renters, Tessie Redmer and Lawrence Kirkland, commencing on May
15, 2017 until August 15, 2017 and Unit A (the great room) and adjoining
bedroom from 3:00p.m. on Friday June 2, 2017 until11 :00 a.m. on Monday, June
4, 2017. The renters may have their wedding on the property 011. June 3, 2017 as
discussed in paragraph 10 below. The rent is inclusive ofall utilities charges,
internet access, cable, condo fees, beach and pool access, etc. The rent and fees
are as follows:
Rent:
sales and bed tax
Cleaning fee (unit):
Cleaning fee (event):
Parking Fee:
Security Deposit:
Total:
Less date hold deposit
Balance
The balance is due as follows:
$3,000 on or before April 1,_2017
$5,030 on or before May 1, 2017.
$6,000.00
$780.00
$250.00
$250.00
$500.00
$750.00
$8,530.00
500.00
$8,030.00
The rent is to be paid by check. The rent also can be paid by credit card through
Paypal provided the Renters pays a 3% fee.
3. Check in time is 3:00p.m. and check out time :is 11:00 a.m.
4. This is a NON SMOKING unit. A $100.00 :fme will be charged ifthere is any
evidence of smoking in the unit.
5. PETS are permitted in the unit for an additional fee of $1 00.00 per pet per month.
The pet fee is hereby waived for this rental.
6. We will not rent to any one with a criminal record or anyone that has previously
been evicted from any premises.
1
7. DAMAGE DEPOSIT: The Owner acknowledges receipt of the advance
payment/security deposit of $750.00. The damage deposit is not applied toward
rent; however, it is fully refundable within (14) days of departure from the last
period ofrental, provided the following provisions are met:
a) No damage is done to the Estate grounds or the contents ofany units or its
contents, beyond nmmal wear as might be expected during the short term
rental period.
PLEASE NOTE THAT ALL TEAK FURNITURE MUST BE
CLEANED WITH THE TEAK OIL PROVIDED AND THE WOOD
FLOORING MUST BE CLEANED WITH THE "BONA" WOOD
FLOORING PRODUCT PROVIDED AND WITH NO OTHER
PRODUCTS. THERE MUST BE NO EVIDENCE OF BUJLT UP WAX
OR OTHER DAMAGE TO THE WOOD CAUSED BY IMPROPER
CLEANJNG PRODUCTS, INCLUDING PLEDGE.
ALSO, ALL SILK DUVET COVERS, SILK PILLOW CASES, AND
SILK CURTAINS REQIDRE DRY CLEANING. (Owner will pay for
these dry cleanings when requested).
b) There is no excessive or abusive use ofthe utilities.
c) No appliances, dinnerware, cookware, glassware, utensils, or general
kitchenware are missing or damaged.
d) No beach items, books, or games damaged or missing or in disarray.
e) All television, cable, and stereo controls are returned to their proper places
in the unit.
f) All.d~pris, rubbish, and discards are placed in the proper trash bags and
proper trash bins.
g) The key is returned to the Owner and the unit is left unlocked.
h) No linens or towels are lost or damaged.
I) The Owner's personal property was not accessed and no items are
damaged or missing.
8. CANCELLATION POLICY: Cancellations that are received in writing more than
180 days prior to the arrival date will result in a refund of the fees paid less a
$750.00 non-refuridable date-hold deposit. Cancellations that are received in
writing within 90 and 180 days prior to the arrival date will result in a forfeiture of
one month• s rent and fees. There is no refund ofany fees ifreceived in writing
within 90 days prior to the arrival date. Any refunds owed will be processed
within 30 days of the date ofthe written notification ofcancellation.
9. MAXIMUM OCCUPANCY-The rent is based on double occupanci Overnight
guests are not pennitted.
10. EVENT{S) DURJNG YOUR STAY-All Renters may have ONE LARGE
EVENT for up to 125 guests during your stay on the grounds ofthe Estate, which
includes the use ofthe front lawn, pool deck, and beach walkway for a maximum
of six hours. The following tenns apply to this event.
The Renters must provide the Owner with a list of any vendors and obtain the
Owner's approval for the location ofany tables, outdoor decorations and any
tenting (which cannot be placed on the pool deck). The Renters must obtain prior
approval for the moving ofany :fumiture, both inside and outside. No nails,
2
screws, staples or penetrating items are to be used to install any decorations. NO
glitter or foil (non-paper) confetti is allowed on site. Only low tack tape is allowed
on the interior floors and walls.
The parking fee for all events is a minimum of $500 which ~eludes the hiring of
an off-duty Atlantic Beach Police officer where greater than 30 persons will be in
attendance. The police officer will direct parking during the event and must be
present for the duration ofthe event. The Owner or her agent will be responsible
for hiring the off-duty police officer and notifying the officer of the approved
parking spaces on the property (including 10 spaces on Seminole Landing Road)
and for the payment ofthe police officer's fee. The hiring ofa private valet
service is required for all events where greater than 75 persons will be in
attendance and will be provided by the Owner. The additional parking fee for the
valet service $1,000 for up to 6 hours.
Any rental furniture, tenting and decorations cannot be set up until noon
the day ofthe event and must be removed by the end ofthe first weekday
following the event. All trash must be removed immediately following the
event and placed in the trash cans located on the premises. ·
Special Event Liability Insurance is requji'_ed a.rJ.d is _(_111(} !lQJ<t.~t: than thirty ( 60) .
days prior to the event. The i:riSUiance must, at the Renters' sole expense, provide
and maintain public liability and personal property damage insurance, insuring
THE BLUFFS CLUSTER HOMES and SARAH H. BOHR against all bodily
injury, property damage, personal irtiury and other loss arising out ofRenters' use
and occupancy of the premises, or any other occupant on the premises, including
appurtenances to the premises and sidewalks. The insurance required hereunder
shall have a single limit liability of not less than $1 Million, and general aggregate
liability of not less than $2 Million. THE BLUFFS CLUSTER HOMES and
SARAH H. BOHR shall be named as an additional insured of said policy. Any
caterer MUST provide a copy oftheir Certificate of Insurance and Catering
license to the Owner.
If alcohol is to be serve£L the policy must include Host Liquor Liability coverage
to protect against alcohol-related accidents, and Renters are ultimately liable for
· the safety oftheir guests. Established Catering Services may use their license and
insurance to cover this.
There is absolutely no smoking ofany kind within 25 feet ofthe building at any
time. Disparaging remarks or any type ofphysical violence will not be tolerated
and will be cause for immediate expulsion. Renters and guests shall use the
premises in a considerate manner at all times. Conduct deemed disorderly at the
discretion ofthe Owner shall be grounds for immediate expulsion from the
premises. In such cases NO refund ofthe any rent or fees shall be made.
All renters and their guests must comply with all applicable City, County, State,
and Federal laws and shall conduct no il1egal act on the premises. Renters shall
not sell alcohol on the premises at any time. Renters may not serve alcohol to
minors on the premises at anytime. Renters agree, for everyone's safety, to
ensure alcoholic beverages are consumed in a responsible manner. The Owner
reserves the right, in her exclusive discretion, to expel anyone who in her
judgment is intoxicated or under the :influence of alcohol or drugs, or shall in any
manner do or participate in any act jeopardizing the rights, use permit, or
insurability of THE ATLANTIC BEACH ESTATE or the safety ofits staff,
guests, or building contents.
3
The City ofAtlantic Beach noise ordinance requires that all outdoor music must
·end by I 1 p.m. on Fridays and Saturdays and at I 0 p.m. on Monday through
Thursday. After that time, any noise must not be heard beyond the boundaries of
the property or by the immediate neighbors. In the event that the Renters create a
disturbance due to high noise volume, the Owner has full authority to ask the
Renters, DJ or live music presenter to tum the entertainment down and/or off. If ·
repeated disturbances are created, at the Owner's discretion, the Renters may be
expelled from the premises or the offending noise will be ended. In the event of
disturbances to the point of expulsion, NO portion of any costs shall be made.
The Renters agree that the Owner or her agents may enter and exit premises
during the course of the event and will be on site and will be checking periodically
to insure everything is running smoothly and to respond to needs or issues that
may arise at anytime.
The Renters may also have at least ONE SMALL EVENT during your stay not to
exceed 30 guests during your stay provided the renters notify the Owner at least
30 days in advance setting forth the date, number of persons expected, and make
appropriate arrangements forparkingwith the owner.
11. PARKING FEE -One designated parking space is allocated to this unit. The
parking fee for an additional vehicle is $100 per month, ifspace is available.
Please note that guests can must park either in: ( 1) behind the car of the Renters so
as not to take an additional space; (2) one ofthe three spaces next to the pool
house; or (3) in one ofthe three guest parking spaces on the north side of
Seminole Landing Road. Guests are not to park in either the four designated
concrete spaces behind the swimming pool or in the two concrete spaces behind
the house on the northern side.
12. THIS PROPERTY REQUIRES A MINlMUM STAY of90 days. There is no
penalty for early termination. Cancellations or changes that result in a shortened
stay or early departure do not warrant any refund ofrent or deposit You may
choose to purchase travel insurance separately. .
13. CHILD FRIENDLY BUT NQ! CIDLD PROOF. The Unit is NOT child proof.
While the unit is rented to people with children, there are many items abound that
could be hazardous to small children. It must be understood that Renters must
take action to make the unit safe for babies, infants, and small children. Renters
assume responsibility for all risks or hazards.
14. NO DAILY MAID SERVICE-Linens and bath towels are included. Maid
service is not included in the rental rate. However, additional Maid Service is
available at an additional rate of $100.00-$150.00 per day depending on the size
ofthe party and the services requested with an advance request at the time of
booking.
15. BARBEQUE GRJLL. The Barbeque Grill is located on the pool deck. Renters
agree to clean the Grill before and after each use. ·
16. FOOD ITEMS. The unit is not supplied with any food items or beverages. There
is a Publix on Atlantic Blvd., near Penman Road.
17. ITEMS PROVIDED FOR CONVENIENCE. For the convenience of our guests,
4
·--~--··-. ·------------------· .. -------------··
the unit will be stocked with certain items such as spices, condiments, and
cleaning supplies that we ask you to replace as used.
18. BEACH TOWELS. The unit is stocked with beach towels. These are the only
towels we permit you to bring to the beach or the pooL
19. RATE CHANGES -Rates subject to change without notice until booking. The
rate is only guaranteed, as long as, you comply with reservation payment I deposit
requirements. Failure to make a timely payment ofthe balance ofthe rental
payment or security deposit may result in a rate change or forfeiture of the
advance payment! deposit and rebooking ofthe unit to someone else.
20. FALSIFIED RESERVATIONS-Any reservation obtained under false pretense
will be subject to forfeiture of advance payment, deposit and/or rental money, and
the party will not be permitted to check-in.
21. HURRICANE OR STORM POLICY-HURRICANE OR STORM POliCY: No
refunds will be given unless:
a. the National Weather Service orders a mandatory evacuation in a
"Tropical Storm/ Hurric-ane Warning" area that includes the location of the
unit, and /or
b. A "mandatory evacuation order has been given for the Tropical Strom/
Hurricane Warning" area ofresidence ofa vacationing guest.
c. As ofthe day that the National Weather Service orders a mandatory
evacuation order in a Tropical Storm I Hurricane Warning area in either a
or b above, we will refund:
I. Any unused portion ofrent from a guest currently registered,
ii. Any unused portion ofrent form a guest that is scheduled to arrive,
and wants to shorten their stay, to come in after the Hurricane
Warning is lifted; and
iii. Any advance rents collected or deposited for a reservation that is
schedule to arrive during the Hurricane Warning period.
Otherwise there will be no refunds. Sorry but we cannot guarantee the weather.
22. TRAVEL INSURANCE: We highly recommend your purchase travel insurance.
Ifyou wish to purchase travel insurance, you may wish to price insurance at
websites such as WW\V.lnsureMyTrip.com.
23. ACCESS BY OWNER. It is expressly understood that the Owner has the right to
enter the premises to make inspections. provide maintenance services or show the
home to prospective buyers, renters, mortgagees, or workers. As provided by law,
in cases of emergency, the Owner may enter the premises without the Renters'
consent.
24. OWNERS' CLOSETS. Some units have closets that have personal items ofthe
Owner. These items are off limits to Renters and should not be accessed.
25. NO ASSIGNMENT. Renters may not assign the rental agreement to any third
party and may not sublease the premises without the express written consent of
the Owner.
26. SUBORDINATION. This rental contract is subordinate to any mortgages which
may exist.
5
27. RETURNED CHECKS. Ifany checks are returned by the bank for not sufficient
funds, then the maximum charge allowed by law will be assessed.
28. CUMULATIVE RIGHTS. The rights under this rental agreement are cumulative.
29. LIABILITY, DAMAGES, COSTS, ATTORNEYS FEES. Renters shall be
responsible for all damages, costs and attorneys fees in the event the Renters fail it
any oftheir obligations under this agreement. Renters agree to :indemnify,
defend, and hold THE ATLANTIC BEACH ESTATE, THE BLUFFS CLUSTER
HOMES and SARAH H. BOHR and agents harmless of and from any liabilities,
costs, penalties, or expenses arising out of and/or resulting from the rental and use
of the premises.
In the event the Owner is required to file any action in court in order to enforce
any provisions of this agreement, client agrees to pay Owner all reasonable
attorney fees, court fees, and costs of suit incurred including all collection
expenses and interest due.
30. CREDIT CARDS. While we accept credit cards for the date hold deposit, we
require checks for the rental payments. To pay the date hold deposit by credit
card, please complete the following authorization:
Credit Card Authorization Form
a. Name on Credit card:
b. Credit card billing address:_______________________
City_~__________State Zip Code _____
Type of Credit Card: _Master Card Visa _American Express
Credit Card Number _________________
Exp date ______ Billing zip code: _________
I hereby give permission to charge my credit card for the amount of
-;--;;-------,-· By Signing Below, I agree to all tenns and conditions of
this agreement.
Signature_____________.Date______
31. WRITTEN EXCEPTIONS -Any exceptions to the above mentioned policies
must be approved in writing in advance.
32. AGREEMENT TO ALL TERMS AND CONDITIONS AS STATED.
a. I give permission to charge my credit card for the amounts set forth herein.
b. I agree fuat all rental monies are non-refundable per cancellation policy
above.
c. I have read my rights to purchase travel insurance.
d. By signing below, I agree to all terms and conditions ofthis agreement.
6
RenterSignature: ...... --~~~ Date:o/:2./t]
Tessie!e~m~ #.
Renter Signatu-~~___:;:~~-=--------Date:3-.)_ -0< (jj' '":f~e.Kirkiand
Owner Signature:._-----cc--,---------------Date: ___
Sarah Bohr
Tessie Redmer
Lawrence Kirkland
851 0 SW 71h Place
Gainesville, FL 32607
Telephone number: 352-226-0571 (Tessie)/904-450-2806 (Lawrence)
Email: Tessie(l~gatorhomes.com
7
ORDINANCE 90-17-228
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ESTABLISHING THE MAYPORT BUSINESS
OVERLAY DISTRICT; AMENDING CHAPTER 24,
ARTICLE III, DIVISION 7, TO ADD NEW SECTION 24-175,
MAYPORT BUSINESS OVERLAY DISTRICT; PROVIDING
FOR A LIST OF PERMITTED USES, USES BY EXCEPTION
AND DEVELOPMENT STANDARDS; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach recognizes and supports the need for economic
development along the Mayport Road corridor; and
WHEREAS, the City of Atlantic Beach desires to promote the use, development and
redevelopment of commercial and light industrial properties along the Mayport Road corridor
through the establishment of an overlay district in the area and modification and expansion of
permitted uses and use-by-exceptions;
WHEREAS, the City ofAtlantic Beach recognizes a need for buffers and screening ofand
between certain uses; and
WHEREAS, establishing the Mayport Business Overlay District is in the best interest of
the City of Atlantic Beach.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Establishment ofNew Overlay District. There is hereby established the
Mayport Business Overlay District, as a new overlay district within the City ofAtlantic Beach.
SECTION 2. Regulation Added. The Code of Ordinances ofthe City of Atlantic Beach,
Florida, is_hereby amended by adding anew section to be munbered Section 24-175, which shall
read as follows:
00878449-1 Page 1 of6
ORDINANCE 90-17-228
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ESTABLISHING THE MAYPORT BUSINESS
OVERLAY DISTRICT; AMENDING CHAPTER 24,
ARTICLE III, DIVISION 7, TO ADD NEW SECTION 24-175,
MAYPORT BUSINESS OVERLAY DISTRICT; PROVIDING
FOR A LIST OF PERMITTED USES, USES BY EXCEPTION
AND DEVELOPMENT STANDARDS; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach recognizes and supports the need for economic
development along the Mayport Road corridor; and
WHEREAS, the City of Atlantic Beach desires to promote the use, development and
redevelopment of commercial and light industrial properties along the Mayport Road corridor
through the establishment of an overlay district in the area and modification and expansion of
pem1itted uses and use-by-exceptions;
WHEREAS, the City ofAtlantic Beach recognizes a need for buffers and screening of and
between certain uses; and
WHEREAS, establishing the Maypmt Business Overlay District is in the best interest of
the City of Atlantic Beach.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Establishment of New Overlay District. There is hereby established the
Mayp01t Business Overlay District, as a new o~erlay district within the City ofAtlantic Beach.
SECTION 2. Regulation Added. The Code of Ordinances ofthe City of Atlantic Beach,
Florida, is hereby amended by adding a new section to be numbered Section 24-175, which shall
read as follows:
00878449-l Page 1 of6
Sec. 24-175.-Mayport Business Overlay District.
(a) Purpose and intent. The purpose and intent of the Mayport Business Overlay District is to
encourage economic development by providing for a mix of uses in the commercial and light
industrial zoned properties located within the Mayport Business Overlay District.
(b) Applicability. The Mayport Business Overlay District provisions set forth within this section
shall apply to all use, development and redevelopment ofcertain Commercial Limited ("CL"),
Commercial General (''CG") and Light Industrial and Warehouse ("LIW") zoned properties
located within the bolmdaries of the Mayport Business Overlay District, as more pmiicularly
shown on Map A, attached hereto and made a part hereof and described as follows:
Atlantic Boulevard between Mayport Road and the southerly extension of Main Street on the
south;
Main Street, including the southerly extension to Atlantic Boulevard and Nmih Main Street
on the west;
Dutton Island Road West between North Main Street and Mayport Road on the north; and
Mayport Road between Atlantic Boulevard and Dutton Island Road West on the east,
including those properties with frontage on Mayport Road on the east side of Mayport Road
and north ofNmih Forrestal Circle.
(c) Permitted uses. The permitted uses on properties zoned CL, CG and LIW which m·e included
within the Mayport Business Overlay District shall include those uses enumerated in the
property's respective zoning district or districts, as well as any of the following uses:
(1) Services establishments where a service is provided on-site, such as restaurants, banks,
barbers, tailors, gyms, printers, fine arts school, on-site repairmen, minor automotive
repair, and child care centers.
(2) Retail sales of goods such as food, phmmaceuticals, clothing, jewelry, toys, books,
:flowers, art, home fmnishings, home appliances, automotive parts, nursery plants, beer
and wine only for off-premises consumption.
(3) Professional and business offices such as doctors, lawyers, architects, and real estate
brokers.
(4) On-premises consumption of beer and wine in conjunction with a restaurant, where at
least fifty one (51) percent of sales me from food and non-alcoholic beverages.
(5) Other than breweries or distilleries, wholesale operations in conjunction with on
premises retail sales, where at least fifty one (51) percent of sales me from on-premises
retail sales.
(6) Craftsmen and miist operations in conjunction with on-premises retail and service
establishments, such as fumitme repair with woodworking, artists' studios with retail
sales, surfbomd repair with smfbom·d production, metal welding with decorative iron
works and tap room with brewery OI distillery, provided the gross enclosed squme
oos7S449-J Page 2 of 6
Sec. 24-175.-Mayport Business Overlay District.
(a) Purpose and intent. The purpose and intent of the Mayport Business Overlay District is to
encourage economic development by providing for a mix of uses in the commercial and light
industrial zoned properties located within the Mayport Business Overlay District.
(b) Applicability. The Mayport Business Overlay District provisions set forth within this section
shall apply to all use, development and redevelopment ofcertain Commercial Limited ("CL"),
Commercial General ("CG") and Light Industrial and Warehouse ("LIW") zoned properties
located within the boundaries of the May-pmt Business Overlay District, as more particularly
shown on Map A, attached hereto and made a part hereof and described as follows:
Atlantic Boulevard between Mayport Road and the southerly extension of Main Street on the
south;
Main Street, inCluding the southerly extension to Atlantic Boulevard and Nmih Main Street
on the west;
Dutton Island Road West between North Main Street and Mayport Road on the no1ih; and
Mayport Road between Atlantic Boulevard and Dutton Island Road West on the east,
including those properties with frontage on Mayport Road on the east side of Mayport Road
and north ofNmth Forrestal Circle.
(c) Permitted uses. The permitted uses on properties zoned CL, CG and LIW which are included
within the Mayport Business Overlay District shall include those uses enumerated in the
property's respective zoning district or districts, as well as any of the following uses:
(1) Services establishments where a service is provided on-site, such as restaurants, banks,
barbers, tailors, gyms, printers, fine mis school, on-site repainnen, minor automotive
repair, and child care centers.
(2) Retail sales of goods such as food, pharmaceuticals, clothing, jewelry, toys, books,
flowers, art, home furnishings, home appliances, automotive parts, nursery plants, beer
and wine only for off-premises consumption.
(3) Professional and business offices such as doctors, lawyers, m·chitects, and real estate
brokers.
(4) On-premises consumption of beer and wine in conjunction with a restaurant, where at
least fifty one (51) percent of sales are from food a11d non-alcoholic beverages.
(5) Other than breweries or distilleries, wholesale operations in conjunction with on
premises retail sales, where at least fifty one (51) percent of sales are from on-premises
retail sales.
(6) Craftsmen and miist operations in conjunction with on-premises retail a11d service
establishments, such as furniture repair with woodworking, miists' studios with retail
sales, surfbom·d repair with surfboard production, metal welding with decorative iron
works and tap room with brewery or distillery, provided the gross enclosed square
oo878449-J Page 2 of 6
footage does not exceed two thousand five hundred (2,500) and that all such operations
take place within enclosed buildings.
(7) Contractors where work is performed off-site, such as plumbing, electrical, heating and
air conditioning, lawn care, and pest control.
(8) Hotels, motels, resorts, and short-term rentals as defined in Section 24-17.
(9) Non-amplified live ente1iainment perfmmed within an enclosed building, not including
adult entertainment establishments as defined by Section 847.001(2), Florida Statutes.
(1 0) Civic centers such as libraries, museums and cultmal centers.
(11) Religious institutions in accordance with Section 24-153.
(12) Mixed use projects combining the uses above, and/or those permitted by right by the
zoning district as applicable.
In the event of a conflict between the uses authorized by a respective zoning district and in
this subsection, the least restrictive regulation shall be applicable.
(d) Uses-by-exception. The use-by-exception uses on properties zoned CL, CG and LIW which
are included witlrin the Mayport Business Overlay District shall include those uses
enumerated as uses-by-exception in the property's respective zoning district or districts, as
well as any of the follo-vving uses:
(1) Veterinary clinics, pet grooming, pet day cares, and pet kennels including those for the
overnight boarding of animals.
(2) Hospitals.
(3) On-premises consumption of alcoholic beverages, other than restaurants with on
prenrises consumption and tap rooms as described in· Section 24-175(c)(4 and 6)
respectively.
(4) Retail sale of gasoline, diesel, propane, hydrogen, electricity for battery charging or
other fuels intended for use in motors.
(5) Sale of new and used automobiles, motorcycles, boats and street legal electric vehicles,
and automotive leasing establishments.
(6) Drive-through facilities including those in association with restaurants, banks, retail
establislunents, phmmacies and ice vending machines.
(7) Mixed use projects combining the uses above, as approved, and/or those in Section (c)
above as well as those pennitted by right or use-by-exception by the zoning district as
applicable.
(8) Craftsmen and artist operations in conjunction with on-premises retail and service
establishments, such as furniture repair with woodworking, miists' studios with retail
sales, surfboard repair with surfboard production, metal welding with decorative iron
works and tap room with brewery or distillery, provided that all such operations take
place within enclosed buildings, if the gross enclosed square footage exceeds two
thousand five hundred (2,500).
In the event of a conflict between the uses authorized by a respective zoning district and in
this subsection, the least restrictive regulation shall be applicable.
00878449-1 Page3 of6
footage does not exceed two thousand :five hundred (2,500) and that all such operations
take place within enclosed buildings.
(7) Conn:actors where work is perfonned off-site, such as plumbing, electrical, heating and
air conditioning, lawn care, and pest control.
(8) Hotels, motels, resorts, and short-term rentals as defined in Section 24-17.
(9) Non-amplified live ente1iaimnent perfmmed within an enclosed building, not including
adult entertainment establishments as defmed by Section 847.001(2), Florida Stahltes.
(10) Civic centers such as libraries, museums anq cultural centers.
(11) Religious institutions in accordance with Section 24-153.
(12) Mixed use projects combining the uses above, and/or those permitted by right by the
zoning district as applicable. '
In the event of a conflict between the uses authorized by a respective zoning district and in
this subsection, the least restrictive regulation shall be applicable.
(d) Uses-by-exception. TI1e use-by-exception uses on prope1iies zoned CL, CG and LIW which
are included within the Maypmi Business Overlay District shall include those uses
enumerated as uses-by-exception in the property's respective zoning district or districts, as
well as any of the following uses:
(1) Veterinary clinics, pet grooming, pet day cares, and pet kennels including those for the
overnight boarding of animals.
(2) Hospitals.
(3) On-premises consumption of alcoholic beverages, other than restaurants with on
premises consumption and tap rooms as described in Section 24-175(c)(4 and 6)
respectively.
(4) Retail sale of gasoline, diesel, propane, hydrogen, electricity for battery charging or
other fuels intended for use in motors.
(5) Sale of new and used automobiles, motorcycles, boats and street legal electric vehicles,
and automotive leasing establishments.
(6) Drive-through facilities including those in association with restaurants, banks, retail
establishments, pharmacies and ice vending machines.
(7) Mixed use projects combining the uses above, as approved, and/or those in Section (c)
above as well as those pennitted by right or use-by-exception by the zoning district as
applicable.
(8) Craftsmen and a1iist operations in conjunction with on-premises retail and service
establishments, such as furniture repair with woodworking, aliists' studios with retail
sales, surfboard repair with surfboard production, metal welding with decorative iron
works and tap room with brewery or distillery, provided that all such operations take
place within enclosed buildings, if the gross enclosed square footage exceeds two
thousand five hundred (2,500).
In the event of a conflict between the uses authorized by a respective zoning district and in
this subsection, the least restrictive regulation shall be applicable.
00878449-1 Page3 of6
(e) Commercial vehicle regulations. Commercial vehicles parked on CL, CG or LIW properties
with a Local Business Tax Receipt and which are included within the Mayport Business
Overlay District are permitted, provided that they are parked within the confines of a property
on a stabilized surface such as asphalt, concrete or pavers m1d are properly registered.
Commercial vehicles shall include all cars, trucks, vans, trailers and other vehicles authorized
to operate on public streets.
(f) Outside storage regulations. The following provisions regarding fencing and landscaping
shall be applicable to the use, development and redevelopment of CL, CG or LIW zoned
properties which m·e included within the Maypmt Business Overlay District, in addition to
other fencing and landscaping regulations contained within the City's Code of Ordinances;
provided, however, that, in the event of a conflict between the express provisions below and
any other fencing or landscaping regulations, the express provisions below shall apply.
For prope1ty with a Local Business Tax Receipt where outside storage of equipment, trailers,
materials, products not intended for immediate sale as pe1mitted elsewhere in the Code, or
other similar items occurs in side and rear yards (only other than properly registered, as
applicable, commercial vehicles in accordance with Section (e) above):
All such outside storage shall be screened fi_.om view with fencing and landscaping so that no
significant portion is visible from the street or adjoining prope1ties in accordm1ce with the
following provisions:
1. Fencing shall be made ofwood, vinyl or masonry, except that exposed plain concrete block
shall not be permitted.
2. Fencing shall be at least eighty-five (85) percent opaque.
3. Fencing height and location shall be as follows:
a. Six (6) feet tall in any side yard adjoining a street and located at least ten (1 0) feet fi_.om
the prope1ty line.
·b. Six (6) feet tall in side ym·ds not adjoining a street and rear yards, except where
permitted to be taller by this chapter, and located on the property line.
4. Landscaping with proper liTigation shall be required in the area between property lines and
fencing in side yards which adjoin a street on comer lots as follows:
a. A continuous line of shlubs no taller than three (3) feet, provided clem· sightlines exist
at intersections and driveways in accordance with Chapter 19; and
b. At least one (1) tree found in the City of Atlantic Beach Recommended Tree List in
Chapter 23 of the Code of Ordinances for every twenty-five (25) linear feet of street
frontage excluding driveways. The trees may be clustered, but shall be no more than
fifty (50) feet apmt. Fifty (50) percent of all trees shall be shade trees. Palms may be
00878449-1 Page 4 of6
(e) Commercial vehicle regulations. Co1m11ercial vehicles parked on CL, CG or LIW properties
with a Local Business Tax Receipt and which are included within the Mayport Business
Overlay District are pennitted, provided that they are parked within the confines of a property
on a stabilized surface such as asphalt, concrete or pavers and are properly registered.
C01mnercial vehicles shall include all cars,. trucks, vans, trailers and other vehicles authorized
to operate on public streets.
(f) Outside storage regulations. The following provisions regarding fencing and landscaping
shall be applicable to the use, development and redevelopment of CL, CG or LIW zoned
properties which are included within the Mayport Business Overlay District, in addition to
other fencing and landscaping regulations contained within the City's Code of Ordinances;
provided, however, that, in the event of a conflict between the express provisions below and
any other fencing or Jandscaping regulations, the express provisions below shall apply.
For prope1ty with a Local Business Tax Receipt where outside storage of equipment, trailers,
materials, products not intended for ilmnediate sale as permitted elsewhere in the Code, or
other similar items occurs in side and rear yards (only other than properly registered, as
applicable, commercial vehicles in accordance with Section (e) above):
All such outside storage shall be screened :fi.·om view with fencing and landscaping so that no
significant portion is visible from the street or adjoining propeliies in accordance with the
following provisions:
1. Fencing shall be made ofwood, vinyl or masonry, except that exposed plain concrete block
shall not be permitted.
2. Fencing shall be at least eighty-five (85) percent opaque.
3. Fencing height and location shall be as follows:
a. Six (6) feet tall in any side yard adjoining a street and located at least ten (1 0) feet from
the property line.
b. Six (6) feet tall in side yards not adjoining a street and rear yards, except where
permitted to be taller by this chapter, and located on the property line.
4. Landscaping with proper liTigation shall be required in the area between propetty lines and
fencing in side yards which adjoin a street on comer lots as follows:
a. A continuous line of shrubs no taller than three (3) feet, provided clear sightlil1es exist
at intersections and driveways in accordance with Chapter 19; and
b. At least one (1) tree found in the City of Atlantic Beach Recommended Tree List in
Chapter 23 of the Code of Ordinances for every twenty-five (25) linear feet of street
frontage excluding driveways. The trees may be clustered, but shall be no more than
fifty. (50) feet apmi. Fifty (50) percent of all trees shall be shade trees. Palms may be
00878449-J Page 4 of6
substituted for the required trees at a ratio of two (2) palms for each required tree or
four (4) palms for each required shade tree.
5. All fencing and landscaping improvements on comer lots shall meet the sight-line
provisions contained in Chapter 19, as may be amended, of the City's Code of Ordinances.
(g) Effect of other Code Provisions. Except as expressly modified by the provisions of this
section, all other provisions of Sections 24-110, 24-111 and 24-112, as may be amended, of
the City's Code of Ordinances, as well as other applicable provisions in the City's Code of
Ordinances, shall remain valid and in full force and effect as to the use, development and
redevelopment of all CL, CG and LIW zoned properties within the Maypmi Business Overlay
District.
SECTION 3. Conflict. All ordinances previously adopted by the City in conflict with this
ordinance are repealed to the extent inconsistent herewith.
SECTION 4. Severability, If any section, subsection, sentence, clause or phrase or
provision of this ordinance is held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not be construed to render the remaining provisions of this ordinance invalid or
unconstitutional.
SECTION 5. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
PASSED by the City Commission on first reading this 25th day of September, 2017.
PASSED by the City Commission on second reading this 9th day of October, 2017.
CITY OF ATLANTIC BEACH
Mitchell E. Reeves, Mayor
ATTEST:
00878449·1 Page 5 of6
substituted for the required trees at a ratio of two (2) palms for each required tree or
fom ( 4) palms for each required shade tree.
5. All fencing and landscaping improvements on comer lots shall meet the sight-line
provisions contained in Chapter 19, as may be amended, ofthe City's Code of Ordinances.
(g) Effect of other Code Provisions. Except as expressly modified by the provisions of this
section, all other provisions of Sections 24-110, 24-111 and 24-112, as may be amended, of
the City's Code of Ordinances, as well as other applicable provisions in the City's Code of
Ordinances, shall remain valid and in full force and effect as to the use, development and
redevelopment of all CL, CG and LIW zoned properties within the Mayport Business Overlay
District.
SECTION 3. Conflict. All ordinances previously adopted by the City in conflict with tlus
ordinance are repealed to the extent inconsistent herewith.
SECTION 4. Severability. If any section, subsection, sentence, clause or phrase or
provision of this ordinance is held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not be construed to render the remaining provisions of this ordinance invalid or
unconstitutional.
SECTION 5. Effective Date. Thls Ordinance shall take effect immediately upon its final
passage and adoption.
PASS ED by the City Conm1ission on first reading this 25th day of September, 2017.
PASSED by the City Commission on second reading this 9th day of October, 2017.
CITY OF ATLANTIC BEACH
=-==
Mitchell E. Reeves, Mayor
ATTEST:
00878449-l Page 5 of6
D01ma L." Bmtle, City Clerk
Approved as tofonn and conectness:
00878449-1 Page 6 of6