Meeting Cancelled-Agenda Packet CEB 9-12-17.pdfCity of Atlantic Beach
Code Enforcement Board
City Hall, Commission Chamber
September 12, 2017, 6:00PM
Agenda
Call to Order
Pledge of Allegiance to the Flag
Roll Call
1. Approval ofMinutes of the Regular Meeting ofMarch 14,2017.
2. Administration of Oath to Defendants/Witnesses.
OLD BUSINESS
16-341 31 Royal Palms Dr RSNS dba Seafood Kitchen
Sec. 6-16. Adoption of Florida 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 of Florida Building Code
FBC Section 105 Permit 105.1 Required
Sec. 24-157. Fences, walls and similar
16-390 400 LevyRd CQUEST
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 LevyRd 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 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 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, 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
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 LevyRd Midland IRA
Outside Storage (comm) Sec. 24-173(b)(1)
IPMC Sec. 302.8 Motor Vehicle
17-562 74 Levy Rd 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
17-671 343 19th St 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 40 5 Royal Palms Drive Kenyatta Ramsay
Sec. 6-16. Adoption of Florida Building Code
17-603 115 Saratoga Cir S Larry Clement
Sec. 24-157. Fences, Walls and Similar Structures (c) Maintenance of fences.
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. (CJ
5. Miscellaneous Business
Adjournment
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 of the City's website at www.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 of the
proceedings and for such purpose he/she may need to insure that a verbatim record of the proceeding is made,
which record inclndes 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 participate 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 N onnan
Ellen Glasser
ABSENT
Richard Lombardi (Excused)
Chair Ben de Luna called the meeting to order at 6:02p.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
CASEID NAME & ADDRESS VIOLATION
13-00000554 THOMAS J BENNETT JR
131 BELVEDERE ST
Code Enforcement Officer Debbie White presented the 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 pmticular case .
Motion: The Board adopts the staff recommendation.
Moved by Glasser, Seconded by Norman
There was no fmther 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 they had constructed a structure without a pennit 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 OSSI KLOTZ
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 find the property owner in compliance.
Motion: The Board adopts the staff recommendation.
Moved by Glasser, Seconded by Hansen
There was no fmiher 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
248 LEVYRD
Sec. 24-173(b )(I) 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 (wall/gd)
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 fmiher discussion.
The motion was approved unanimously.
Draft Minutes of the Code Enforcement Board on May 9, 2017 Page 3 of 13
CASEID 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
1480 MAYPORT RD
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 fine 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 1, 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 )(1) 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
Mayport 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 ttying 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 property 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 property 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 uncomfotiable 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 oceanfront property that she has
offered for lease to do wedding venues. She stated it is posted on the internet and the advetiisement 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 internet 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 Shoti Tetm Rentals. Ms. White stated that is the main violation, Shoti 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 vety 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 determine 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 incorrect, but has now corrected 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 shmt 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 propetty.
Staff recommends the Board find the propetty owner in violation and orders that compliance be achieved by
ceasing all business activity specifically leasing residential propetty 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 further 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 )(I) 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 propetiy
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 of these folks, and recommends continuance until September 12, 2017. However, she instructed him to
keep cleaning up the propetiy. Discussion ensued.
Motion: The Board adopts the staff recommendation.
Moved by Sasser, Seconded by Glasser
There was no fmiher 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. 12-1(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 fi·om 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 pmiicular 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. Perry 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. Perry that the Board does not have much choice but to find you in violation,
however, she urged her to tty and find a solution. Ms. Glasser stated she feels there is a solution here that does
not put Ms. Perry 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 MAYPORT RD 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 propetiy 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 permit 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 further 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)
ATILLIO 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
74LEVYRD Sec. 24-173(b)(1) 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
DEV,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 m 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 SARA TOGA 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 fmther 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 pmticipating. 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 9:14p.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 September 12, 2017
(*HOMESTEADED PROPERTIES)
OLD BUSINESS
16-341 31 Roval Palms Dr 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
RECOMMENDATION: BOARD FIND RESPONDENT IN VIOLATION OF
ORDER MARCH 14, 2017 TO ACHIEVE FULL COMPLIANCE ON OR
BEFORE SEPTEMBER 12, 2017 AND IMPOSE A $250.00 PER DAY FINE
FOR THE FIRST DAY AND $250.00 PER DAY EVERYDAY THEREAFTER
UNTIL FULL COMPLIANCE IS ACHIEVED.
1
CASE HISTORY-BACKGROUND
6-9-1997 Notice sent to Mr. Wadie Baldcar, previous owner from Don Ford,
Building Official on unpermitted structures and encroachment violations.
8-19-1998 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
1-8-2001 Mr. Don Ford, Building
12-9-2015 Notice to Mr. Stuart and Mr. Handler on violations, unsanitary
conditions, grading and unpermitted structure, and inadequate fire separation
8-8-2016 Copy of letter 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
8-11-2016 Met with Mr. Russell Stuart and advised him he needed a survey to
apply for permits
8-11-2016 pm Mr. Russell called and stated he did not have a survey
8-16-2016 Stop Work Order issued for fence, shed, coolers etc. installed without
permits
8-17-2016 Mr. Stuart calls City Manager Nelson VanLiere
9-9-2016 CMRRR Notice of Violation sent to Mr. Stuart on violations (no
permits)
9-12-2016 Mr. Stuart signs for certified letter (20 days for compliance)
9-14-2016 Email from Mr. Crabtree requesting an extension. Extension was
granted until November 4, 2016
2
9-15-2016 Mr. Crabtree letter requesting an extension until Nov 4, 2016.
1 0-4-2016 Deadline for compliance, inspection reveals all violations same.
10-11-2016 Records request from Paul Eakin, attorney for Mr. Handler
11-4-2016 Mr. Stuart is granted a 30 day extension to November 4, 2016 for
compliance
Emails between City Attmney, Mr. Crabtree in reference to an extension that was
granted
12-5-2016 Deadline for compliance on 30 day extension, violations continue
12-6-2016 Meeting to discuss case and violations
12-12-2016 Notice ofhearing sent for January 10, 2017 CEB meeting
12-15-2016 NOH received and cmiified mail signed for 1-10-2017 hearing
1-10-2017 CEB MEETING ORDER:
Respondent is found in violation for non-compliance and must obtain
com liance on or before March 13, 2017. Failure to com ly wil1
result in fines of $250.00 for the first day and $250.00 for every day
thereafter while the violation continues to exist. In addition, any fine
shall also include administrative costs to the City incuned in
prosecuting this case.
3-7-2017
agenda.
Email from Carson Lange, Attorney requesting copy of the 3-11-2017
3-7-2017
office)
Notice of Hearing posted on prope1iy (original returned from post
3-11-2017 CEB MEETING ORDER:
The respondent is found in violation for non-com liance with the
om·d's previous order issued at the January 10, 2017 hearing. The
Board grants an extension until September 12, 2017 to obtain
com liance with the revious order. Failure to comply will result in
3
fines of $250.00 er 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
prosecuting this case.
3-14-2017 Affidavit of non-compliance prepared and signed
7-14-2017 Meeting conducted between Mr. Crabtree, Dan Arlington, Brenna
Durden and Derek Reeves. I was not invited or in attendance at this meeting
8-2-2017 Notice of Hearing sent to RSNS and Zack Crabtree, Attorney for Mr.
Stuart
8-23-2017 Complaint on conditions behind the Seafood Kitchen , referred
complaint to local State, DBPR, Division of Hotels and Restaurants for action
9-12-2017 Deadline for compliance with Board order 3-14-2017.
Sec. 6-16. Adoption of Florida Building Code
16-397 763 Atlantic Boulevard Handler Family Partnership
VIOLATIONS
FBC Section 105 Permit 105.1 Required
Sec. 24-157. Fences, walls and similar
RECOMMENDATION: HOLD CASE IN ABEYANCE
CASE HISTORY
9-9-2016 Notice of violation sent to prope1iy owner on unpermitted structures
encroaching and constructed by his adjacent neighbor. Including set back
violations and fencing installed all without pe1mits
9-30-2016 NOV received
4
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. Handlers propeliy.
12-8-2016 Notice of Hearing for Jan 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 ofhearing signed for
1-9-2017 Email from Mr. Eakin he will not be appearing on behalf ofHandler
Family Partnership at the Jan 10, 2017 meeting.
1-10-2017 CEB Meeting-Case defetTed to March 14, 2017 meeting
2-7-2017 Email from Steve Diebenow, Attorney for Handler Family Partnership
2-22-2017 Notice of Hearing sent for March 14, 2017 CEB meeting
3-6-2017 Notice of Hearing signed for
3-14-2017 CEB meeting
Code Enforcement Board granted an extension until Sept 12, 201 7 for you to
achieve full compliance with the violations on your ro et1y as noted. Copy
sent to Cyndy Trimmer, Attorney that appeared for Handler Family
Pat1nership
7-31-2017 Notice ofhearing sent for Sept 12, 2017 CEB meeting.
8-8 -2017 Call from John Green, property manager for Mr. Handler
8-15 -2017 NOH signed for Sept 12, 2017 CEB Meeting
8-29 -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 Rd C QUEST PROPERTIES
5
VIOLATIONS
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.
RECOMMENDATION: Report status at meeting
4-4-2016 Business tax applied for
9-6-2016 Notice of violation sent to property owner of zoning, storage issues
9-9-2016 Notice of violation received
9-23-2016 Reinspection of site reveals violations same
12-8-2016 Notice of hearing for Jan 10, 2017 CEB meeting
12-12-2016 Notice ofhearing dated 12-8-2017 received
1-10-2017 Board meeting and order
Respondent found in violation for non-compliance and must obtain
full compliance on or before 2-7-1017. 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.
1-23-2017 Board order received
1-24-2016 Spoke to Mr. Cerqueira who state he is working on a resolution
2-9-2017 Affidavit of non-compliance
2-10-2017 Business tax receipt application disapproved "not a permitted use in
district'
1-22-2017 Notice ofhearing for 3-14-2017 meeting
6
2-25-2017 Notice ofhearing dated 1-22-2017 received
3-14-2017 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 incurred in rosecuting
this case.
4-4-2017 Board order from March 14, 2017 meeting received
8-1-2017 Notice of hearing sent for September 12-2017 meeting
8-5-2017 Notice ofhearing dated 8-1-2017 received.
17-558 76 Levy Rd Cox Construction
VIOLATIONS
Chapter 24. Land Development
Sec. 24-111 Commercial General Districts (CG
RECOMMENDATION: Repoti status at meeting
CASE HISTORY
1-30-2017 Notice of violation sent to property owner
2-1-1017 NOV received
2-13-2017 Deadline for compliance
2-14-2017 Inspection reveals non-compliance
7
2-23-2017 Notice of hearing sent for March 14, 2017 CEB meeting
2-25-2017 NOH for 3-14-17 meeting received
3-14-2017 Code Board Meeting Order
Res ondent found in violation for non-com liance and must obtain
compliance on or before May 9, 2017. Failure to comply will result in
fines of$100.00 er 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 incurred in
prosecuting this case.
4-14-2017 Met with Jerry Nicholson on violations
5-9-2017 CEB meeting case was withdrawn as we had no service of the Notice
of Hearing
7-31-2017 Notice of hearing for September 9, 2017 meeting
8-2-2017 Notice of hearing received
*16-493 2337 Seminole Rd Sarah Bohr
VIOLATIONS
Chapter 24. Land Development Regulations. Section 24-17. Definitions. Short
term rentals
Chapter 24. Land Development Regulations. Section 24-17. Definitions. Short
term rentals shall mean any residential rental or lease the term of which is less than
ninety (90) days. Short term 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 term rentals are not permitted in a residentially zoned
district)
8
RECOMMENDATION: FIND PROPERTY OWNER IN
COMPLIANCE
CASE HISTORY
Previous Case #14-1039 and 15-2129
11-17-2016 email complaint received from adjacent neighbors (spoke to
complainant on telephone)
11-18-2016 Nov sent on violations
11-22-2016 Nov received
3-8-2017 Notice of hearing posted on property with affidavit
3-9-2017 Records request from Ms. Bohr on case copy of emails sent requesting
ads be removed from websites
3-14-2017 Ad gone from The Knot
Continuance granted until the May 9, 2017
4-19-2017 Notice of hearing sent for May 9, 2017 CEB meeting
5-9-2017 CEB Meeting and order
THAT the Respondent 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 (1 0) percent
per annum from the date of ce1iification of non-compliance. In addition, any
me shall also include the administrative costs and filing fees to the City
incurred in prosecuting this case.
5-27-2017 Order received
5-30-2017 email second request Ms. Bohr demanding ads be removed
17-549 1480 Mayport Rd Jax Petro, LLC
9
VIOLATIONS
Chapter 24. Land Development Regulations . 24-171(c)(1)(3) Dilapidated Canopy
RECOMMENDATION: Find in violation of Board order and impose
the $250.00 per day fine for noncompliance commencing September 2,
2017 and $250.00 for every day thereafter the propetiy is not in
compliance.
CASE HISTORY
1-25 -2017 Notice of violation (30 days)
1-30 -2017 Notice of violation received
3-1-2017 Deadline for compliance. Violation continues
4-19-2017 Notice of hearing sent for May 9, 2017 CEB meeting
4-28-2017 Reinspection of property reveals violation continues
Telephone call from Mr. Patel stating he is getting quotes on canopy
5-9-2017 CEB meeting and order
THAT the Res on dent is in violation for non-com liance and must obtain
com liance on or before September 1, 2017. Failure to com ly 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)
ercent er annum from the date of certification of non-comP.liance. In
addition, any fine shall also include the administrative costs and filing fees to
the City incuned in rosecuting this case.
8-2-2017 Notice of hearing sent for September 12 , 2017 CEB meeting
8-3-2017 Building Permit applied to repair/replace canopy over existing steel
ACC17-0051
10
8-24-2017 Permit disapproved by Zoning, canopy on plans is larger than original
17-570 24 Ardella Rd Peter and Carla Whalen
VIOLATIONS
Sec. 24-111 Commercial General Districts (CG) (c) Permitted Uses
24-173. Neighborhood preservation and propeliy maintenance standards
Chapter 24. Land Development Regulations CG District
Chapter 20 Business Tax Receipts Section 20-52. Levy
RECOMMENDATION: Report status at meeting
CASE HISTORY
2-6-2017 Notice ofviolation
2-8-2017 Notice of violation received
2-24-2016 Met with Mr. Whalen
8-31-2016 Notice of Violation sent to respondent
9-19-2016 complaint received on Civic Plus
3-10-2017 Case referred to CEB
4-28-2017 Reinspection condition same, violations continue
5-9-2017 CEB Meeting,
!Board granted continuance till9-12-2017
5-25-2017 Letter to respondent that CEIB granted a continuance on your case
referenced above until Sept 12, 2017.
11
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
RECOMMENDATION: Repmi status at meeting
CASE HISTORY
3-8-2017 Notice of violation posted on property with affidavit
3-20-2017 Deadline for compliance
3 -22-2017 violations continue, Mr. Lewis working on it applies for fence permit
4-20-2017 Notice ofhearing for May 9, 2017 hearing
4-28-2017 Reinspection verifies violation remain
5-9-2017 CEB Meeting-
Board grants a continuance until Se t. 12 , 2017
5-25-2017 Letter sent to respondent on Boards action 5-9-2017
8-2-2017 Notice ofhearing for Sept. 12, 2017
8-10 -2017 Notice of hearing received 9-12-2017 meeting
17-637 580 Mayport aka 56 W 6th St Atillio Cerqueira
12
VIOLATIONS
Sec. 24-173. Neighborhood preservation and property maintenance standards. (b)
Appropriate maintenance and upkeep. All areas of a lot and st1uctures 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 free fi·om litter, trash, debris, discarded belongings, automotive
parts, old tires, constluction 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 fi·ee from 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, 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
RECOMMENDATION: Repoti status at meeting
CASE HISTORY
7-10-1996 Business tax receipt applied for this business
7-14-2017 Met with tenant Michelle to discuss case, fence etc.
9-2-1997 CEB meeting
13
9-8-1997 Invoice sent to Michelle, Pennick dba Beaches Recyling on CEB
administrative expenses for $92.73, CASE #97-5574
3-13-2017 Notice of violation sent to property owner
3-16-2017 NOV received
4-28-2017 Reinspection violation remain, photos taken
5-9-2017 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 of ten (1 0) percent per annum from the
date of cetiification of non-compliance. In addition, any fine shall
also include the administrative costs and filing fees to the City
incurred in prosecuting this case
7-31-2017 Notice ofhearing sent for Sept 12,2017 meeting
8-4-2017 NOH received
8-28-2017 Tenant Michelle called for information on obtaining an extension for
more time. Advised her only the CEB can give more time
117-564 20 Levy Road H & H Automotive
VIOLATIONS
Sec. 24-173. Neighborhood preservation and property maintenance standards. (b)
RECOMMENDATION: Report status at meeting
CASE HISTORY
1-31-2017 Notice ofviolation to prope1iy owner
14
2-7-2017 Respondent signs for NOV
2-6-2017 Call from property owner requesting what he needed to do for
compliance
2-24-2017 Reinspection reveals prope1iy in violation
4-20-2017 Notice of hearing for May 9, 2017 meeting
4-28-2017 Reinspection of property reveals violations continue
5-2-2017 NOH signed for
5-9-2017 CEB meeting no order
Board issued a continuance on this case until Se tember 12, 2017.
5-25-2017 Letter sent to respondent on Board continuance of case
8-1-2017 Notice ofhearing sent to property owner
8-4-2017 NOH signed for September 12, 2017 meeting
17-559 0 W 14th St vacant lot Midland
VIOLATIONS
Sec. 24-1 73. Neighborhood preservation and prope1iy maintenance standards. (b)
Outside Storage (comm) Sec. 24-173(b)(l)
RECOMMENDATION: Repoti status at meeting
CASE HISTORY
1-31-2017 Notice of violation to prope1iy owner
2-13-2017 Reinspection of prope1iy reveal violations continue
15
3-3-2017 Notice ofhearing sent for 3-14-2017 CEB meeting
3-6-2017 NOH signed for
3-14-20 1 7 CEB meeting and order
IRes ondent is found in violation for non-com liance and grants and
extension until June 27, 2017 to obtain compliance with the exce tion of the
·mmediate removal of any junk cars or ino erable vehicles. Failure to
com ly 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 shal
also include administrative cost to the City incuned in the prosecuting this
case
5-9-2017 CEB meeting no order
Board issued a continuance on this case until Se tember 12, 2017.
5-25-2017 Letter sent to respondent on Board continuance of case
8-1-2017 NOH sent for 9-12-2017 CEB Meeting
8-14-2017 NOH signed for
17-561 70 Levv Rd Midland IRA
VIOLATIONS
IPMC Sec. 302.8 Motor Vehicle
Sec. 24-173. Neighborhood preservation and prope1iy maintenance standards. (b)
Outside Storage (comm) Sec. 24-173(b)(l)
RECOMMENDATION: Report status at meeting
CASE HISTORY
16
1-30-2017 Notice of violation to property owner
2-4-2017 Respondent signs for NOV
2-24-2017 Reinspection reveals property in violation
3-3-2017 Notice of hearing sent for 3-14-2017 CEB meeting
3-6-2017 NOH sign for
3-14-2017 CEB meeting and order3-6-2017
Respondent is found in violation for non-compliance and grants and
extension until June 27, 2017 to obtain com liance 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 incuned in the prosecuting this
case
5-9-2017 CEB meeting no order
Board issued a continuance on this case until September 12, 2017.
5-25-2017 Letter sent to respondent on Board continuance of case
8-9-2017 Notice of hearing for CEB 9-12-2017
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,
RECOMMENDATION: Report status at meeting
17
CASE HISTORY
1-31-2017 Notice ofviolation to property owner
2-4-2017 Respondent signs for NOV
2-15-2017 Deadline for compliance violations continue
2-24-2017 Reinspection reveals properiy in violation
4-21-2017 Notice of hearing sent for May 9, 2017 meeting
4-28-2017 NOH received
4-28-2017 Inspection of property reveals violations continue and 2 junk vehicles
red Ford truck with flat tires and gold Nissan no tag
5-9-2017 CEB meeting no order
oard issued a continuance on this case until September 12, 2017.
5-25-2017 Letter sent to respondent on Board continuance of case
8-1-2017 NOH sent for 9-12-2017 CEB Meeting
8-4 -2017 NOH signed for
8-28-2017 Violations continue
17-551 10 Donner Unit 20 Donner B & K Properties
VIOLATIONS
Sec. 24-173. Neighborhood preservation and property maintenance standards. (b)
Sec. 24-111 Commercial general districts (c)
RECOMMENDATION: Report status at meeting
CASE HISTORY
18
1-25-2017 Courtesy notice given to tenant for outside storage of materials and a
forklift
2-6-2017 Conditions same-violation continues
2-16-2017 Notice ofviolation sent
2-17-2017 Notice of violation signed for
2-27-2017 Reinspection reveals violations remain
4-21-2017 Notice of Hearing for May 9, 2017 meeting
4-25-2017 NOH signed for
4-28-2017 Reinspection violations continue
5-9-2017 CEB meeting and order
Respondent is in violation for non-compliance and must com ly on or before
May 15, 2017. Failure to com ly 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, 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 incurred in rosecuting this case.
5-26-2017 Affidavit of non-compliance
6-8-2017 Board order signed for
7-31-2017 Notice of hearing sent to property owner for Sept 12, 2017 meeting
8-5-2017 Notice of hearing dated 7-31-2017 returned by Post office
8-9-2017 Notice of rehearing to respondents' residence
8-14-2017 Notice of hearing signed for
501 Mayport Road Regina Rosenstein 17-614
19
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
CASE HISTORY
2-6-2017 Notice of violation on pylon sign
2-28-2017 Property owner signs for NOV
3-28-2017 Deadline for compliance violation continues
4-20-2017 Notice of hearing for May 9, 2017 meeting
4-28-2017 Property owner signs for NOH
4-28-2017 Property inspected and violations continue
5-9-2017 CEB Meeting and order
The Res ondent is in violation for non-compliance and must obtain
comP.liance on or before Se2 tember 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)
ercent per annum from the date of non-compliance. In addition, any fine
shall also include the administrative costs and filing fees the City incuned in
prosecuting this case.
5-26-2017 CEB order executed
6-8-2017 Respondent signs for CEB order
8-25-2017 Pylon has been removed, this case is in compliance
8-25-2017 Stop work order on new monument sign installed without a permit
20
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 advertising and use of property for wedding
venues
RECOMMENDATION: Find in violation for time in violation and now
in compliance
CASE HISTORY
11-18-2016 Previous notice ofviolation for wedding venues
3-2-2017 Copy of contract for wedding venue at this location (copy attached)
5-22-2017 Email concetning application for wedding on beach
5-25-2017 Email from adjacent owner Mr. Wankat about outcome of hearing
Notice ofViolation
6-1-2017 Notice of violation received
8-3-2017 Notice of hearing for Sept. 12, 2017 meeting
8-9-2017 NOH received
17-670 400 Levy Road C Quest
21
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) Permit required
RECOMMENDATION: Find in violation for time in violation now in
compliance
CASE HISTORY
2-9-2017 Stop work order issued on fence
3-1-2017 Fence permit denied
4-20-2017 Notice of violation sent to propeliy owner
5-18-2017 Notice of violation resent to owners place of business
5-22-2017 Owner signs for NOH dated 5-18-2017
5-24-2017 First NOH dated 4-20-2017
6-28-2017 Violation continues
7-5-2017 Spoke to Owner about fence/posts etc.
8-1-2017 Notice ofhearing sent for CEB September 12, 2017 meeting
8-4-2017 Notice of hearing received
*17-671 343 19th St Y eveni Ozmikovsky
VIOLATION
Sec. 24-151. -Accessory uses and structures
22
RECOMMENDATION: FIND IN VIOLATION AND ALLOW 30
DAYS TO RELOCATE OR REMOVE THE PLAYHOUSE. FAILURE
TO COMPLY WILL RESULT IN A $100.00 PERDAYFINE FOR
THE FIRST DAY AND $100.00 FOR EVERY DAY THEREAFTER
THE VIOLATION CONTINUES.
CASE HISTORY
4-14-2017 Anonymous complaint from neighbor on play house installed on the
comer and on property line (via email from Toni G)
4-14-2017 Email on complaint sent to Derek Reeves and Dan Arlington
4-20-2017 Notice of violation sent to property owner on violation
4-25-2017 Refened to Derek for information on zoning
4-27-2017 Notice ofviolation signed for
5-20-2017 Spoke to Mr. 0 who is waiting to hear from Derek
6-26-2017 Called respondent and Emailed survey indicating location that play
house can be located to meet zoning
8-3-2017 Notice ofhearing sent for Sept. 12, 2017 meeting
8-22-2017 NOH returned by post office "unclaimed"
8-24-2017 NOH Posted on property and City Hall-violation continues
*17-0048 1390 Rose Street Gregory Hutto
VIOLATION
Sec. 24-164 Swimming Pools (c) Fences
23
RECOMMENDATION: FIND IN VIOLATION AND FUTURE
VIOLATIONS WILL RESULT IN AN AUTOMATIC FINE OF
$250.00 FOR EVERYDAY THE FENCE IS NOT PROPERLY
SECURED TO PREVENT ACCESS.
CASE HISTORY
5-16-2017 Notice of violation sent to propeliy owner
5-22-2017 Notice ofviolations signed for
5-24-2017 Reinspection reveals violation continues pool not secure (photos
taken)
6-19-2017 Email from propetiy owner that gate has been reinstalled
6-28-2017 Inspection of propeliy, violation continues (photos taken)
7-13-2017 Inspection ofprope1iy, violation continues (photos taken)
7-31-2017 Notice of hearing sent for Sept 12, 2017 meeting
8-8-2017 Inspection of propetiy, violation continues (photos taken)
8-22-2017 Email and complaint from adjacent neighbor at 1388 Rose concerning
the fence between the two prope1iies, photograph provided
8-22-2017 Email from propeliy owner that violation has been taken care of
8-22-2017 Notice of hearing returned from post office
8-24-2017 Notice of hearing posted on propeliy and city hall, affidavit
*17-0117 405 Royal Palms Drive Kenyatta Ramsay
VIOLATION
Sec. 6-16. Adoption of Florida Building Code
RECOMMENDATION: FIND IN VIOLATION AND ALLOW 30
DAYS TO OBTAIN PERMITS FOR 2 PERGOLAS AND THE
STORAGE BUILDING OR REMOVE ALL UNPERMITTED WORK ..
FAILURE TO COMPLY WILL RESULT IN A $250. PERDAYFINE
FOR THE FIRST DAY AND $250.00 PER EVERYDAY
THEREAFTER THAT THE VIOLATION EXIST.
CASE HISTORY
6-6-2017 Notice of violation sent to property owner about construction done
without permits
6-20-2017 Notice ofviolation signed for
7-3-2017 Deadline for compliance, no action or contact on this case
8-2-2017 Notice of hearing sent to owner for Sept 12, 2017 meeting
8-5-2017 NOH for Sept 12, 2017 meeting returned by post office unclaimed
8-24-2017 NOH posted on property
17-603 115 Saratoga Cir S 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
RECOMMENDATION: FIND IN VIOLATION AND ALLOW 30
DAYS TO REP AIR OR REMOVE THE DILAPIDATED FENCING.
FAILURE TO COMLY WILL RESULT IN A $100.00 PERDAYFINE
25
FOR THE FIRST DAY AND $100.00 EVERY DAY THEREAFTER
THAT THE VIOLATION CONTINES TO EXIST.
CASE HISTORY
2-15-2017 Notice of violation sent to property owner
3-16-2017 NOV returned from post office unclaimed
3-24-2017 NOV posted on propetiy and city hall, affidavit
4-5-2017 Call from propetiy owner on violation
4-14-2017 Reinspection violation continues
8-3-2017 Notice of hearing for Sept 12, 2017 meeting sent to owner
8-1 0-20 1 7 Owner calls concetning fence violation
8-22-2017 NOH for Sept 12, 2017 meeting returned unclaimed
8-24-2017 NOH posted on propetiy, city hall and affidavit
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)
RECOMMENDATION: Find in compliance and impose a fine of
$1000.00 to cover administration fees for prosecuting this case.
CASE HISTORY
26
12-08-2014 Case opened
2-23-2015 Posted property with NOV posting affidavit completed
7-23-2016 Notice ofviolation sent
7-28-2016 Nov sent to new owner C Bass Mortgage
9-5-2016 Notice ofhearing sent
11-14-2016 CEB Meeting and Order
Res ondent was found in violation for non-com liance and must obtain
com liance on or before December 12, 2016. Failure to com ly 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 rosecuting this case.
12-7-2016 Notice ofhearing sent
12-12-2016 Inspection reveals no action
12-16-2016 Banlc obtains title to property change in ownership
1-3-2017 Violation continues
1-9-2017 Email from altisource.com requesting payoff
1-10-2017 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 incuned in 2 rosecuting this
case.
1-19-2017 Lien recorded in public record
4-13-2017 Propetiy change in ownership
27
5-1-2017 Demolition permit applied for
5-22-2017 Demolition completed-compliance met
8-28-2017 CmTent fine has accrued to $44,293.50 total including interest and
recording fees
8-3-2017 Notice of rehearing sent
EXHIBIT 1-Case #17-0113 Copy of Contract for wedding 2337 Seminole Road
28
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-MAlL sarahhbohr@aol.com
Rental Rules/Contract
1. OWNER OF PROPERTY: The Owner of the 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 untilll :00 a.m. on Monday, June
4, 2017. The renters may have their wedding on the property on June 3, 2017 as
discussed in paragraph 10 below. The reht is inclusive of all 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 ofsmokingin 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
CEB EXHIBIT# 1, PG 1
Case# 17-0113
9-12-17
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 of rental, provided the following provisions are met
a) No damage is done to the Estate grounds or the contents of any units or its
contents, beyond nonnal wear as might be expected during the short tenn
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 BUILT UP WAX
OR OTHER DAMAGE TO THE WOOD CAUSED BY IMPROPER
CLEANJNG PRODUCTS, INCLUDING PLEDGE.
AL~O,ALL SILK DUVET COVERS, SILK PILLOW CASES, AND
SILK CURTAINS REQUIRE DRY CLEANING. (Owner will pay for
these dry cleanings when requested).
b) There is no excessive or abusive use of the 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 debris, 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-refundable 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 of any 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 of cancellation.
9. MAXIMUM OCCUPANCY-The rent is based on double occupancy. Overnight
guests are not permitted.
10. EVENT(S) DURING YOUR STAY-All Renters may have ONE LARGE
EVENT for up to 125 guests during your stay on the grounds of the Estate, which
includes the use of the front lawn, pool deck, and beach walkway for a maximum
of six hours. The following tenus 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 of any tables, outdoor decorations and any
tenting (which cannot be placed on the pool deck). The Renters must obtain prior
approval for the moving of any furniture, both inside and outside. No nails,
2
CEB EXHIBIT# 1, PG 2
Case# 17-0113
9-12-17
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 of the 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 of the police officer's fee. The hiring of a 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 fbr 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 of the 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 fusurance is required and is due no later than thirty ( 60)
days prior to the event. The insurance 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 injury and other loss arising out ofRenters' use
and occupancy ofthe 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 of their Certificate of Insurance and Catering
license to the Owner.
If alcohol is to be served, 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 of any kind within 25 feet of the building at any
time. Disparaging remarks or any type of physical 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 of the 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 illegal 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 any time. Renters agree, for everyone's safety, to
ensure alcoholic beverages are consumed in a responsible manner. The Owner
resetVes the right, in her exclusive discretion, to expel anyone who in her
judgment is intoxicated or uuder 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 of its staff,
guest.'l, ot' building contents.
3
CEB EXHIBIT# 1, PG 3
Case# 17-0113
9-12-17
The City of Atlantic Beach noise ordinance requires that all outdoor music must
end by J1 p.m. on Fridays and Saturdays and at 10 p.m. on Monday through .
Thursday. After that time, any noise must not be beard 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 any time.
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 for parking with 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, if space 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 of the 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 MINIMUM 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 of rent or deposit. Yau may
choose to purchase travel insurance separately.
13. CHILD FRIENDLY BUT NOT ClllLD 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
of the party and the services requested with an advance request at the time of
booking.
15. BARBEQUE GRILL. 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
CEB EXHIBIT# 1, PG 4
Case# 17-0113
9-.12~17-----..-. ---···--------------· .. -··
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 of the balance of the rental
payment or security deposit may result in a rate change or forfeiture ofthe
advance payment (deposit and rebooking of the 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 POUCY-HURRICANE OR STORM POLICY: No
refunds will be given unless:
a. the National Weather Service orders a mandatory evacuation in a
"Tropical Storm/ Hurricane 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 of residence ofa vacationing guest.
c. As of the 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:
L Any unused portion of rent 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 www.lnsureMyTrip.com.
23. ACCESS BY OWNER. It is expressly understood that the Owner bas 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 of the
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
CEB EXHIBIT# 1, PG 5
Case# 17-0113
9-12-17
27. RETURNED CHECKS. If any 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
ofthe premises.
ln 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 aU 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 bold 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 that all rental monies are non-refundable per cancellation policy
above.
c. 1 have read my rights to purchase travel insurance.
d. By signing below, I agree to all terms and conditions ofthls agreement.
6
CEB EXHIBIT# 1, PG 6
Case# 17-0113
9-12-17
Renter Signature: ..._ ~~~
Tessie Redmer RcnterSignat~
Lawrence Kirkland
Owner Signature:_-----;:;..--.---:;;~------------Date: ___
Sarah Bohr
Tessie Redmer
Lawrence Kirkland
85 I 0 SW 71h Place
Gainesville, FL 32607
Telephone number: 352-226-0571 (Tessie)/904-450-2806 (Lawrence)
Email: Tessie((t,gatorhomes.com
7
CEB EXHIBIT# 1, PG 7
Case# 17-0113
9-12-17