Agenda Packet CEB 7-8-14.pdfCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD AGENDA
6:00 P.M., JULY 8, 2014
Call to Order
Pledge of Allegiance to the Flag
Roll Call
10 Approve the Minutes of the Regular Meeting of March 11, 2014.
2. Administration of Oath to Defendants/Witnesses,
3. Old Business
A. Darryl Lamar & Lacreshia D Harris, Request for Rehearing.
44 Jackson Road, Case #12 -612: violation of International Property Maintenance Code,
Sec. 301.3 Vacant Structures and Land, Sec. 304.2 Protective treatment, Sec. 304.7 Roofs
and Drainage and Sec. 604.3 Electrical System Hazards.
4. New Business
A. 457 Sailfish Drive, Benjamin Brown, Jr., Case #14 -920: violation of Atlantic
Beach City Code, Sec. 24 457 Fences, walls and similar structures, Sec. 24 473
Neighborhood preservation and property maintenance standards and Sec. 24463(b)
Recreational vehicles stored or parked.
B. 1365 Rose Street, Thomas J. Bennett, Case #14 -953: violation of Atlantic
Beach City Code, Sec. 24 -154 Outside storage.
C. 831 Jasmine Street, Gabor Kiraly, Case #14 -972: violation of International
Property Maintenance Code, Sec. 302.8 Motor vehicles.
D.
265
Jasmine Street, Nathan Whelchel,
Case
#14 -974: violation of Atlantic
Beach City
Code,
Sec. 24- 163(b) Recreational vehicles
stored
or parked.
E. 1512 Jordan Street, Aggressive Holdings, Inc., Case #14 -976: violation of
International Property Maintenance Code, Sec. 302.8 Motor vehicles and violation of
Atlantic Beach City Code, Sec. 24463(b) Recreational vehicles stored or parked.
F. 1365 Violet Street, Federal National Mortgage Association, Case #14 -994:
violation of International Property Maintenance Code, Sec. 302.4 Weeds
G. 389 Sargo Road, Sean Broughton, Case #14 -996: violation of International
Property Maintenance Code, Sec. 302.8 Motor vehicles.
H.
1339
Rose Street,
Mark Franzoni, Case #14 -1006: violation of Atlantic Beach
City Code,
Sec. 24
454 Outside
storage.
I. 95 W 2 °d Street 95 -97, Kevin Bennett, Case #14 -1022: violation of
International Property Maintenance Code, Sec. 302.4 Weeds and Sec. 302.8 Motor vehicles.
59 Miscellaneous Business
None
6. Adjournment
DRAFT
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M. — March 11, 2014
IN ATTENDANCE:
Veda Harless, Chair
Ian Luthringer, Vice Chair
John Stinson
Benjamin de Luna
Louis Keith (arrived at 6:14 p.m.)
Richard Lombardi, Alternate
ABSENT:
Juliette Hagist (Excused)
Meade Coplan (Excused)
Richard Komando, City Attorney
Deborah White, Code Enforcement Officer
Dayna Williams, Secretary
Chair Veda Harless called the meeting to order at 6:04 p.m., followed by the Pledge of
Allegiance to the Flag.
Chair Harless introduced Rich Komando, the City Attorney, and invited him to speak to the
Board. Mr. Komando stated he was happy to be here and to please let him know if there is
anything he can do to help the Board during the meeting, as well as any time in between.
Chair Harless stated our regular Board member, Juliette Hagist, has sold her home and is no
longer a resident of Atlantic Beach, so she has stepped down. Ms. Harless stated we have a
Board member, Louis Keith, who may arrive late and asked if he is not present at 6:00 p.m. is he
able to come back up in the interim, after we have voted on something else. City Attorney Rich
Komando stated if the Board is mid - process he should listen to everything before a vote is taken,
and after a vote is taken he may join you.
Secretary Dayna Williams read the roll, finding a quorum was present.
1. Approval of Minutes
Motion: Approve the minutes of the Code Enforcement Meeting of January 14, 2014.
Moved by de Luna, Seconded by Stinson
The motion was approved unanimously.
2. Administration of Oath to Defendants/Witnesses
Chair Veda Harless gave the oath to the defendants and witnesses.
Item 4F was taken out of sequence and acted on at this time.
4F. 2022 Lakeview Court, Ruth E Sparks, Et Al, Case #14 -928: violation of
Atlantic Beach City Code, Sec. 24 -163 (b) Occupancy of a travel trailer.
Code Enforcement Officer Debbie White presented the case, stating the Notice of Violation was
sent on 1/21/14 and received /signed for on 2/2/14, stating the violation is Section 24 -163 (3)
Recreational vehicles, travel trailers or motor homes shall not be inhabited or occupied, either
temporarily or permanently while parked or stored in any area except in a trailer park designated
for such use as authorized with this chapter. Ownership of the property was determined by the
tax records for Duval County; her inspection was prompted by a complaint; proper notice was
achieved by certified mail in accordance with F.S. 162; and she has spoken with someone in
control of the property, Mr. Ed Sparks, Ms. Sparks' son. Ms. White presented photos of the
property stating Ms. Sparks has a son who likes to stay in the trailer. Mr. Lombardi asked if the
violation was for the storage of the trailer, or because it is inhabited. Ms. White stated because it
is inhabited.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by ceasing any and all occupancy of the travel trailer immediately or a fine of $100.00
be imposed for the first day and $100.00 for 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. The property owner is responsible for contacting the City Code Enforcement Officer
and obtaining an inspection of compliance.
Ms. White stated Ms. Sparks has been trying to sell the trailer, but has yet to find a buyer. Ms.
White stated the Sparks were present and would like to address the Board.
Ms. Sparks came to the podium and explained she has a son who is mentally ill and believes the
trailer is his home. Ms. Sparks stated she has tried to get her son to move in the house, but he
will not do what she has asked him to do. Ms. Harless asked the witness if she locked the trailer,
and the witness stated they were going to sell it, but her son will go in a rage when they do. Mr.
Ed Sparks came to the podium and explained they are attempting to sell the trailer and there will
be room for his brother in the house because his other brother will be moving out. Mr. Sparks
stated his brother is fine with moving into the house. He stated the problem is that as long as the
trailer is still on the property his brother will continue to use it. Mr. Sparks stated until the trailer
is gone, they are going to have a difficult time getting his brother to comply. Mr. Sparks stated
they were asking for a little more time.
Ms. Harless asked the witness when the other brother would be moving out and the witness
stated within the next 30 days. Mr. Luthringer asked the witness how much time are they
requesting and Mr. Sparks stated between 30 and 90 days. Discussion ensued.
Motion: The Board adopts the staff recommendation, except that instead of compliance
being obtained immediately, the property owner be afforded 30 days to come into
compliance.
Moved by Luthringer, Seconded by Stinson
Mr. de Luna asked the witness if 30 days would be enough time, and Mr. Sparks stated they were
hoping for a little more time. Mr. de Luna asked if 60 days would be better, and the witness
stated yes.
Mr. Luthringer withdrew his motion.
Motion: The Board adopts the staff recommendation, except that compliance need not be
obtained immediately, but must be obtained within 60 days, May 11, 2014.
Moved by Luthringer, Seconded by de Luna
The motion was approved unanimously.
Draft Minutes of the Code Enforcement Board on March 11, 2014 Page 2 of 7
3. Old Business
A. Thomas Davie, Request for Rehearing.
872 Bonita Road, Thomas Davie, Case #09 -238 and Case #09 -239: violation of International
Property Maintenance Code, Sec. 304.2 Protective treatment.
Code Enforcement Officer Debbie White presented the case, stating this is a rehearing request by
Mr. Thomas on the accrued fine. Ms. White stated this case was originally started by Code
Enforcement Officers Alex Sherrer, Eddie Lopez and Kathy Stiles. Ms. White stated the only
interaction she has had is to find Mr. Thomas in compliance. Ms. White stated a Notice of
Violation was sent on 11/19/09 and the property was posted on 2/11/10; ownership was
determined by the tax records for Duval County; the inspection, based on the paperwork, was
prompted by a complaint; proper notice was achieved in accordance with F.S. 162 by posting of
the property and she has spoken with someone in control of the property, Mr. Thomas and Frank
Tassone.
Ms. White stated she provided the Board with a breakdown of the current fines accrued, stating
the total fine is $132,129.35. Ms. White stated liens were placed on the property and she has
recently started sending out notices on old and new code enforcement fines. She stated Mr.
Thomas is now in compliance, so the fine has stopped. She stated she sent Mr. Thomas a notice
and he came to speak with her and she explained the process for him to appeal the fine.
Ms. White stated she has provided the Board with Exhibits A -1 and A -2, outlining a background
chronology of the case based on the information she had in the file. She stated Exhibit B is the
Affidavit of Compliance she sent to Mr. Thomas dated 11/14/13. She stated Exhibit C is a copy
of the letter from Mr. Thomas requesting the rehearing. She stated Mr. Thomas is present and
would like to address the Board. Discussion ensued regarding the case history and background
information Ms. White provided to the Board.
Staff recommends the Board find the property owner in compliance and orders the accrued fine
be reduced to $250.00 with the condition the fine be paid in full on or before June 30, 2014. If
the fine is not paid in full by June 30, 2014 the original fine will be reinstated.
The witness came to the podium stating his name and address, Davie Thomas, 872 Bonita
Road, and provided his testimony. Discussion ensued regarding the case history.
Motion: The Board adopts the staff recommendation.
Moved by Luthringer, Seconded by Keith
City Attorney, Rich Komando, provided some legal background, stating Florida Statute clearly
outlines what the notice of requirements are in any type of code enforcement violation. Mr.
Komando stated, being that Ms. White has taken over the file from someone else, we have to rely
upon the work that was completed by the employees prior to her. He stated, when you look at
Section 162.12, which is the Florida Statute referencing notice, Sub - Section (1)(a) requires
certified mail, which was done. However, he stated, the last part of that Section says that if the
certified mail is not picked up within 30 days, we have to resort to what is referred to as alternate
service. Mr. Komando stated, under alternate service there needs to be a posting in two places.
He stated posting has to be at the property and at City Hall and following the posting of both
properties an affidavit needs to be completed. He stated the affidavit needs to indicate that
posting occurred at both places. Mr. Komando stated his quick review of the file identifies that
Draft Minutes of the Code Enforcement Board on March 11, 2014 Page 3 of 7
posting did take place at the residence but there is no indication that posting took place at City
Hall. Mr. Komando stated it may have occurred, however, he wants to caution the Board we are
not in a legally defensible position in regards to this lien.
Ms. Harless stated Ms. White has come in and is making great strides to streamline our notices,
to follow up what has happened, and going forward, make sure we do not have these scenarios
where we have hearings for reductions in fines. Ms. Harless stated she errs on the side of Ms.
White because she is there doing the work, she respects her opinion and will go with her
recommendations 99% of the time. Ms. Harless stated, in this instance she goes with Ms.
White's recommendation of the $250.00 fine.
Mr. de Luna thanked Mr. Komando for the information and stated we needed to have that before
our discussion. Mr. de Luna stated he would appreciate next time we get that information before
the discussion. Mr. de Luna stated it may be the City is not entitled to anything and the fine
becomes zero instead of $250.00. Mr. Stinson concurred, stating it is not defensible at $250.00
or $1,000.00 or $125,000.00. Discussion ensued. Mr. de Luna stated our authority and
jurisdiction is not to do settlements; our jurisdiction is to find a violation and assess a fine. Mr.
de Luna stated we do not have proof the procedures in the law have been followed, therefore he
would recommend we go to zero. Ms. Harless stated she disagreed because the $250.00 fine is
going to cover the lengthy administrative costs. Ms. Harless asked the witness if he was
comfortable with the $250.00 fine to be paid in full by June 30, 2014, and the witness stated yes.
Ms. Harless stated she felt that is a happy medium.
Votes:
Aye: - Luthringer, Harless, Lombardi
Nay, - de Luna, Stinson, Keith
Motion Failed
Motion: The Board moves the staff recommendation be supported to the extent that there
was a violation, but there cannot be a fine. The fine is zero.
Moved by de Luna, Seconded by Stinson
Votes:
Aye: - Harless, Lombardi, de Luna, Stinson, Keith
Nay. - Luthringer
Motion Passed
Ms. Harless stated her appreciation to Ms. White for bringing to task, tying up loose ends, and
being a lot more efficient and in compliance with whatever statutes and protocols need to
happen. Mr. de Luna stated we have an outstanding officer in Ms. White, adding, she is just out
of this world.
4. New Business
A. 469 Atlantic Boulevard, Diamond Real Estate Properties, Case #13412:
violation of Atlantic Beach City Code, Sec. 20 -52 Levy.
Ms. White stated she is withdrawing the case, as the Fire Department red - flagged this location
and it is not an issue at this point.
Draft Minutes of the Code Enforcement Board on March 11, 2014 Page 4 of 7
B. 1830 Mayport Road, Ossi Klotz LLC, Case #13 -793: violation of Atlantic
Beach City Code, Sec. 20 -52 Levy.
Ms. White presented the case, stating the Notice of Violation was sent on 10/28/13 and
received /signed for on 10/30/13; the violation is Chapter 20 Business Tax Receipts. Ms. White
stated, to refresh the Board's memory, this case was brought before them at the last Code
Enforcement Meeting and there was some discussion about notices being sent to the property
owner. She stated Mr. Komando will address the issue for the Board. Ms. White stated
ownership was determined by the tax records for Duval County; her inspection was prompted by
a routine survey; proper notice was achieved by certified mail in accordance with F.S. 162; and
she has spoken with someone in control of the property, the property manager, Mark Farrell,
Carol with Ossi Klotz and Lacey, the tenant and operator of Touch of Class Auto Detail.
Staff recommends the Board find the property owner in violation and orders that compliance be
achieved by obtaining an Atlantic Beach Business Tax receipt or cease business at this location
by 3/31/14, or a fine of $100.00 be imposed for the first day and $100.00 for 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. The property owner is responsible for contacting the
City Code Enforcement Officer and obtaining an inspection of compliance.
Ms. White presented photos of the property and discussion ensued. Ms. White reiterated that
Mr. Komando was present to address the issue with citing the property owner for business tax
receipts. Mr. de Luna stated he would like to hear from the attorney regarding this issue.
Mr. Komando stated, generally, the practice is that code enforcement violations go against the
property because someone who is a tenant or renting generally does not have anything to attach
to. Mr. Komando stated many property owners, when they lease property, have provisions in
their lease agreements. He stated the most common one is if somebody commits a criminal act,
which is a basis to consider a violation of lease and something that someone can be evicted for.
Mr. Komando stated a business tax or complying with local laws and regulations are consistent
with that concept, where it is up to the property owner to ensure that people in their property are
not committing any rule violations or crimes. He stated that is the basis for why we seek some
kind of remedy from the property owner as opposed to the actual person who is within the
property. Mr. de Luna stated the Statute does not say what Mr. Komando just said. Mr. de Luna
stated the Statute is pretty clear and asked if Mr. Komando had a case law to support what he just
said. Mr. Komando stated he has not done the research on that yet, and Mr. de Luna said he felt
it was important that we get an answer to that, as we will have more of these come up. Mr. de
Luna stated he could not come to the same conclusion and read part of Section 20- 52(1); "Any
person who maintains a permanent business location ". He further stated the owner is not in the
business of whatever this is, they are in the business of renting the property. Mr. de Luna stated
there has to be another Statute to bring the property owner in secondary liability, maybe, but this
Statute does not do it for him.
Mr. Komando asked Mr. de Luna if he was referring to the Code Ordinance Chapter 20, so they
were clear on what he was asking (Mr. Komando) to research for him, and Mr. de Luna stated
correct. Mr. Komando stated he believed it was indicated under Chapter 162 in the enforcement
procedures for code enforcement, but he would get the answer. Mr. de Luna stated that was the
notice procedure. Mr. Komando stated sub - section (1) (2) is the notice procedure; the whole
chapter provides the outline for enforcement and how the process is to take place for pre -
violation, the first hearing and the second hearing, as well as imposing a lien against the
Draft Minutes of the Code Enforcement Board on March 11, 2014 Page 5 of 7
property. Mr. de Luna said okay and he guesses you have to tie that in with the chapter we are
asserting. Mr. Komando stated we do, adding, even though we pass local code ordinances we
are still required to adhere to the Florida Statutes. Mr. de Luna stated yes, for enforcement
purposes, but we still have to get that there is a violation of the code of our ordinances. Mr.
Luthringer stated under Chapter 20 -52, we know there is a violation, we just want to see
something that attaches this violation to the property, so then it becomes the liability of the
owner of the property. Mr. de Luna stated correct, and Mr. Komando stated he would find an
answer to that. Mr. de Luna stated that is what he is struggling with. Discussion continued. Mr.
Luthringer stated since Mr. Komando is researching the issue, could we defer this to the end of
the meeting and Ms. White said yes.
C. 1101 Violet Street, HSBC Bank USA NA, Case #13 -898: violation of
International Property Maintenance Code, Sec. 304.4 Structural members and Sec. 304.7
Roofs and drainage.
Ms. White presented the case, stating the Notice of Violation was sent on 12/17/13 and
received /signed for on 12/21/13; the violations are of International Property Maintenance Code,
Section 304.4 Structural members and Section 304.7 Roofs and drainage; ownership was
determined by the tax records; her inspection was prompted by a complaint; proper notice was
achieved by certified mail in accordance with F.S. 162; and she has not spoken with someone in
control of the property. Ms. White stated this property was one of the properties that belonged to
Mr. Thomas Bennett, but the bank has title to the property now. Ms. White presented photos of
the property stating there are rotten posts and the roof is in extremely bad shape.
Staff recommends the Board find the property owner in violation and orders that permits be
obtained by a Florida licensed roofing and building contractor to replace the roof and repair the
eaves, soffit, posts and complete all work and obtain a final inspection and full compliance by
4/30/14, or a fine of $150.00 be imposed for the first day and $150.00 for 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. The property owner is responsible for contacting the
City Code Enforcement Officer and obtaining an inspection of compliance.
Motion: The Board adopts the staff recommendation.
Moved by Luthringer, Seconded by de Luna
The motion was approved unanimously.
D. 51 Forrestal Circle, Robert L & Mary E Chambliss, Case #13 -904: violation
of Atlantic Beach City Code, Sec. 24 -157 Fences, walls and similar structures.
Ms. White stated she is withdrawing the case, as they are in compliance.
E. 907 Stocks Street, Linda A Giachetto, Case #13 -907: violation of
International Property Maintenance Code, Sec. 302.8 Motor vehicles.
Ms. White stated she is withdrawing the case, as there was no service.
F. 2022
Lakeview
Court,
Ruth E Sparks,
Et Al, Case #14 -928: violation of
Atlantic Beach City
Code, Sec.
24 -163
(b) Occupancy of
a travel trailer.
This item was taken out of sequence and acted on earlier in the meeting.
Draft Minutes of the Code Enforcement Board on March 11, 2014 Page 6 of 7
Mr. Luthringer asked Mr. Komando if he had an answer on the research question. Mr. Komando
stated when reviewing Chapter 162 there are a number of areas where it refers to the owner. He
stated, in fact it makes special provisions as to if an owner tries to transfer the property, the
obligation falls to the purchaser of the property. Mr. Komando stated every indication in the
Chapter supports the violation would be against the property owner, and that is found under
Chapter 162.06, which is the enforcement procedure. He continued, stating the provision he is
referring to is Sub - Section (5) (a) through (d). Mr. Komando stated separate from that provision,
there is also a case out of the Third District Court of Appeals, which is South Florida; where
Monroe County vs. Sandra Carter also finds their enforcement ability refers to a landlord and a
tenant; and in that case the landlord was responsible for the tenant's actions.
Mr. de Luna stated he would like to see Mr. Komando do a little more in -depth research in terms
of the business tax. Discussion ensued. Ms. Harless asked Mr. de Luna if he felt comfortable
voting tonight on this case. Mr. Luthringer stated he believed we would need to have a motion
and vote and Mr. de Luna could either agree or disagree. Ms. Harless concurred and stated let's
move forward, and asked Mr. Komando to continue to research the issue and Mr. Komando
stated he would.
Motion: The Board adopts the staff recommendation.
Moved by Luthringer, Seconded by Lombardi
Discussion ensued.
The motion was approved unanimously.
5. Miscellaneous Business
None.
6. Adjournment
There being no further discussion, the meeting adjourned at 7:55 p.m.
Veda Harless, Chair
Dayna L. Williams, Secretary
Draft Minutes of the Code Enforcement Board on March 11, 2014 Page 7 of 7
Code Enforcement Officer Statement
Property Owner: Darryl Lamar and Lacreshia Harris
1159 Dorwinion Dr., Jacksonville, FL 32225
Case # 12- 00000612 Location: 44 JACKSON IM
44 JACKSON ROAD PT GOVT LOT 3 RECD O/R Real Estate # 172073 -0000
NOTICE OF VIOLATION: August 28, 2014
NOTICE OF VIOLATION RECEIVED /SIGNED FOR: September 10, 2012
VIOLATIONS
Violation Description
IPMC Sec. 301.3 Vacant Structures and Land
All vacant structures and premises thereof or vacant land
shall be maintained in a clean, safe, secure and sanitary
condition as provided herein so as not to cause a blighting
problem or adversely affect the public health or safety.
Violation Description
304.7 Roofs and drainage.
The roof and flashing shall be sound, tight and not have
defects that admit rain. Roof drainage shall be adequate to
prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and
downspouts shall be maintained in good repair and free from
obstructions. Roof water shall not be discharged in a
manner that creates a public nuisance.
Violation Description
IPMC Sec 304.2 Protective treatment.
All exterior surfaces including but not limited to, doors
and window frames, cornices, porches, trim, balconies, decks
and fences, shall be maintained in good condition. Exterior
wood surfaces, other than decay- resistant woods, shall be
protected from the elements and decay by painting or other
protective covering or treatment. Peeling, flaking and
chipped paint shall be eliminated and surfaces repainted.
All siding and masonry joints, as well as those between the
building envelope and the perimeter of windows, doors and
skylights, shall be maintained weather resistant and water
tight. All metal surfaces subject to rust or corrosion
shall be coated to inhibit such rust and corrosions and
all surface with rust or corrosion and shall be stabilized
and coated to inhibit future rust and corrosion. Oxidation
stains shall be removed from exterior surfaces. Surfaces
designed for stabilization by oxidation are exempt from
this requirement.
Violation Description
Sec. 604.3 Electrical system hazards. Where it is found
that the electrical system in a structure constitutes a
hazard to the occupants or the structure by reason of
inadequate service, improper fusing, insufficient
receptacles and lighting outlets, improper wiring or
installation deterioration or damage, or for similar
reasons, the code official shall require the defects to be
corrected to eliminate the hazard.
Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other
The inspection was prompted by:
1. ❑ Complaint X Routine Survey ❑ Other
2. Proper Notice was achieved in accordance with F.S. 162 by:
x Certified Mail ❑ Hand Delivery ❑ Posting of Property
3. I X have ❑ have not spoken with someone in control of the property. Mr. & Mrs. Harris
4. Description of violation: (Photos)
BACKGROUND
7 -26 -12 Inspection reveals violations
8 -2 -12 Photos taken
8 -28 -12 Notice of violation prepared and mailed to owners
9 -10 -12 Notice of violation received
10 -11 -12 Spoke to Mrs. Harris
11 -14 -12 Spoke to Mrs. Harris, answered roofing questions, advised permit and licensed
Contractor required
12 -4 -12 Re- inspection of property, violations same, photos taken
12 -12 -12 Notice of hearing received /signed for.
1 -8 -13 Code Enforcement Board finds owner in violation with compliance on or before
July 8, 2013 or a $100.00 per day fine will be imposed (copy of order attached)
7 -8 -13 Property re- inspected and found in violation (affidavit of non - compliance)
Photographs taken and letter sent to property owners on ten day appeal process
of Code Officer's findings.
7 -19 -13 No appeal, Fine imposed on property at $100.00 per day
9 -27 -13 Roofing permit issued
1 -14 -14 Spoke to Mr. Harris on remaining violations, says they are all corrected. Advised
Mr. Harris he needs the services of a Florida licensed electrical contractor so the
Property can be inspected for compliance. (electrical work done on service and
meter can without a permit)
1 -21 -14 Electrician obtains permit
2 -5 -14 Approved final electrical inspection for power and repairs
2 -24 -14 Mr. Harris requests a re- inspection for compliance. Property inspected and
Property remains overgrown, boarded window, etc.
4 -8 -14 Spoke to Mr. Harris, says all items have been corrected
4 -9 -14 Re- inspection reveals property in compliance. Fine Stopped, affidavit of
Compliance
4 -16 -14 Affidavit of compliance prepared, (fine stopped on effective 4 -7 -14 )
6 -9 -14 Letter requesting rehearing to address accrued fines from Mrs. Harris
6 -11 -14 Roof permit final inspection approved
RECOMMENDATION: Staff recommends the Board find the property owner in
compliance and order that the accrued fine of $27,895.40 to be reduced to
$2,500.00 under the condition that total fine be paid in full on or before December
31, 2014 or the original fine will be reinstated including interest.
MOTION: Board find the property owner in violation and order that compliance
be achieved by (insert action
needed) by
(date) or a fine of $ be imposed for the first day and
$ for every day thereafter the violation continues to exists. The property
owner is responsible for contacting the City Code Enforcement Officer and
obtaining an inspection of compliance.
Attachment: Board Order from Hearing January 8, 2014
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH,-FLORIDA, Petitioner CASE # 61212
vs.
FIRST CLASS MAID AND
Darryl Lamar and Lacreshia D. Harris Respondent CERTIFIED MAIL RETURN RECEIPT REQUESTED
70101870 0002 0629 6645
44 Jackson Road Mailing Address: 1159 Dorwinion Drive
Atlantic Beach, FL 32233 Jacksonville, FL 32225
Description: Pt Govt Lot 3 Recd O/R 15481 -1444
RE# 172073 -0000
• : i : 111.1_' _ 1►�!'i�11►1U1
THIS CAUSE came for public hearing before the Code Enforcement Board on January 8, 2013 and the -Board
having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and
thereupon issues the Findings of Fact, Conclusions of Law and Order as follows:
FINDINGS OF FACT
1. That the Respondent Darryl Lamar and Lacreshia D. Harris owns the property located at 44 Jackson
Road, Atlantic Beach, Florida.
2. That notice was sent by certified mail and was signed on December 12, 2012 and that Respondent was
present at the hearing
3. That notification of the violations of the International Property Maintenance Code, Section 301.3 Vacant
Structures and Land, 304.7 Roofs and Drainage, 304.2 Protective Treatment and 604.3 Electrical System
Hazards were made and served on the Respondent as evidenced in this hearing.
4. The exterior of the aforementioned property shall be corrected by maintaining the abandoned structure
that is partially boarded, replace the roof including rotted gable ends, paint wood trim, porches, posts,
gable ends, eaves and soffit and all other wood elements, meter can loose from wall and obtain services
of State of Florida Licensed Contractors (electrical and roofing) with permits.
CONCLUSIONS OF LAW
THAT Darryl Lamar and Lacreshia D. Harris is not in compliance and has failed to correct such violation as of this
hearing date.
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant -to the authority granted in Chapter
162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered:,, ,
THAT the Respondent is found in violation for non - compliance and must obtain compliance on or before -
July 8, 2013. Failure to comply will result in fines of $100.00 for the first day and $100.00 for every day thereafter
while the violation continues to exist. In addition, any fine shall also include the administrative costs to the City
incurred in prosecuting this case.
THAT the Respondent is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and
obtaining an inspection of compliance.
THAT failure to pay all accumulated fines will result in alien being placed against the property at 44
Jackson Road for the total assessment plus costs incurred for the filing of the lien. All lien amounts are to be made
payable at an interest rate of ten (10) percent per annum from date of certification until paid. '
This Order becomes self- executing upon an Affidavit of Non - Compliance being filed with the City Cleric's Office.
DONE AND ORDERED THIS Janamy 8, 2013.
Attest:
Dayna . Williams, Secretary
Executed: January 17, 2013
• Al IWAII • ' It
••I. •'• : :• '�
PLEASE NOTE:
Florida Statutes,
Section
162.11, states that an appeal of this order shall be filed in circuit
court within thirty
(30) days of this
order's
execution.
STATE OF FLORIDA
■ . 1 1 • • 1
Doc # 2013204260, OR BK 16483 Page 865,
Number Pages: 1
Recorded 08/06/2013 at 02:56 PM,
Ronnie Fussell CLERK CIRCUIT COURT DUVAL
COUNTY
RECORDING $10.00
Code Enforcement Officer Statement
Property Owner: Benjamin Brown, Jr.
457 Sailfish Dr, Atlantic Beach, FL 32233
Case # 14- 00000920
Lot 1, Block 27, Royal Palms Unit 2 A
Location: 457 SAILFISH DR
Real Estate # 171374 -0000
NOTICE OF VIOLATION: April 22, 2014
NOTICE OF VIOLATION RECEIVED /SIGNED FOR: April 25, 2014
VIOLATIONS
Violation Description
Sec. 24 -157. Fences, Walls and Similar Structures
(c) Maintenance of fences. Fences that have been
allowed to deteriorate to an excessive degree have a
negative impact on property values and the quality of
neighborhoods. Fences that are in a state of neglect,
damage or disrepair, shall be repaired , replaced or
removed.
Violation Description
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.
Violation Description
Sec. 24 -163. Recreational vehicles stored or parked on
any residential lot shall be subject to the following
provisions:
(b) Recreational Vehicles stored or parked on any
residential lot shall be subject to the following
provisions:
(1) Not more than one (1) recreational vehicles, boat or
boat trailer, or other type of trailer shall be stored or
parked on any residential lot which is 5000 square feet lot
area or less. Minimum lot area of 10.000 square feet is
required for storage or parking of any second recreational
vehicle, boat or boat trailer or other type trailer.
Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other
The inspection was prompted by:
1. X Complaint X Routine Survey ❑ Other
2. Proper Notice was achieved in accordance with F. S. 162 by:
x Certified Mail ❑ Hand Delivery ❑ Posting of Property
3. I X have ❑ have not spoken with someone in control of the property Mr. Brown
4. Description of violation: (Photos)
BACKGROUND
4 -21 -14 Complaint received on conditions of property (several trailers, junk etc)
Property inspected, violations observed and photos taken
4 -22 -14 Notice of violation sent to Mr. Brown
4 -25 -14 Notice of violation received signed for by Mr. Brown
5 -9 -14 Re- inspection of property reveals violations continue
6 -2 -14 Notice of hearing sent to Mr. Brown for a July 8, 2014 hearing
6 -4 -14 Notice of hearing received and signed for
6 -6 -14 Mr. Brown in office requests I call him
6 -9 -14 Called Mr. Brown, he wanted to discuss the case and him obtaining a permit for a
new privacy fence.
Mr. Brown applies for a fence permit
6 -19 -14 Fence permit application in plan review
RECOMMENDATION: Staff recommends the Board find the property owner in
violation and order that compliance be achieved by removing all outside storage,
junk, debris, cease storage of more than two (2) trailers on the property. Trailers
must be legally licensed, operable and not used for storage of junk, trash, debris
etc. and repair or repair the collapsing fencing on or before August 8, 2014 or a
fine of $250.00 be imposed for the first day and $250.00 for every day thereafter
the violation continues to exists. The property owner is responsible for
contacting the City Code Enforcement Officer and obtaining an inspection of
compliance.
MOTION: Board find the property owner in violation and order that compliance
be achieved by (insert action
needed) by
(date) or a fine of $ be imposed for the first day and
$ for every day thereafter the violation continues to exists prosecuting .
The property owner is responsible for contacting the City Code Enforcement
Officer and obtaining an inspection of compliance.
Code Enforcement Officer Statement
Property Owner: Thomas J. Bennett, Jr.
3855 th Street, Atlantic Beach, FL 32233
Tenant: Bobbi Mattox
Case # 14- 00000953 Location: 1365 ROSE ST
Lot S 25FT Lot 2, Lot 3, SEC H Atlantic Beach, Block 235 Real Estate # 171064 -0110
NOTICE OF VIOLATION: April 15,2014
NOTICE OF VIOLATION RECEIVED /SIGNED FOR: April 23, 2014
VIOLATIONS
Violation Description
Sec. 24 -154. Outdoor display, sale and storage of
furniture, household items, merchandise and business
activities outside of enclosed buildings.
(g) Within all residential zoning districts, and also
including any property containing a residential use,
household items, furniture and those items customarily
intended for indoor use shall not be displayed, maintained
or permanently stored outdoors, or in any location on the
lot where such items shall be stored or properly disposed
of to avoid mold, rodent and insect infestations which may
result in health risks and which also create unsightly
appearance that negatively affect neighborhoods. Such
violations shall be corrected immediatly upon written order
from the city.
Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other
The inspection was prompted by.
1. X Complaint ❑ Routine Survey ❑ Other
2. Proper Notice was achieved in accordance with F.S. 162 by:
x Certified Mail ❑ Hand Delivery ❑ Posting of Property
3. I X have ❑ have not spoken with someone in control of the property . Tenant Bobbi
Mattox
4. Description of violation: (Photos)
BACKGROUND
2 -24 -14 Complaint received on outside storage, multiple grills, misc. junk and debris
Spoke to gentleman on premises says tenant Ms. Mattox is asleep. Will relay
message to her to clean up
3 -10 -14 Re- inspection reveals property remains in violation
4 -2 -14 Requested Notice of violation be sent to property owner
4 -15 -14 Notice of violation prepared and sent to property owner
4 -23 -14 Notice of violation received and signed for
5 -12 -14 Re- inspection of property reveals violation continues
5 -29 -14 Notice of hearing sent to property owner (hearing on July 8, 2014)
5 -30 -14 Notice of hearing received and signed for 7 -8 -14 meeting
RECOMMENDATION: Staff recommends the Board find the property owner in
violation and order that compliance be achieved by removal of all outside
storage of items including overflowing trash /recycle containers by July 31, 2014
or a fine of $ 100.00 will be imposed for the first day and $100.00 for every day
thereafter the violation continues to exists. The property owner is responsible
for contacting the City Code Enforcement Officer and obtaining an inspection of
compliance.
MOTION: Board find the property owner in violation and order that compliance
be achieved by (insert action
needed)
(date)
by
or a fine of $ be imposed for the first day and
$ for every day thereafter the violation continues to exists. The property
owner is responsible for contacting the City Code Enforcement Officer and
obtaining an inspection of compliance.
Code Enforcement Officer Statement
Property Owner: GABOR KIRALY
831 Jasmine St., Atlantic Beach, FL 32233
Case # 14- 00000972
Lot 2, Block 147, SEC H Atlantic Beach
Location: 831 JASMWE ST
NOTICE OF VIOLATION: March 11, 2014
Real Estate # 170928 -0020
NOTICE OF VIOLATION RECEIVED /SIGNED FOR: March 15, 2014
VIOLATIONS
Violation Description
IPMC Sec.302.8 - Motor Vehicles
"No inoperative or unlicensed motor vehicle shall be parked
or kept or stored on any premises, and no vehicle shall at
any time be in a state of disrepair, major disassembly or
in the process or being stripped or dismantled ".
Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other
The inspection was prompted by:
1. x Complaint Routine Survey ❑ Other
2. Proper Notice was achieved in accordance with F.S. 162 by:
Certified Mail ❑ Hand Delivery X Posting of Property
3. I ❑ have X have not spoken with someone in control of the property
4. Description of violation: (Photos)
BACKGROUND
2 -26 -14 Complaint received on inoperable, debris in front yard, junk boats, etc.
Inspection of the property reveals a White Chevy van no tag, inoperable
3 -11 -14 Notice of violation prepared to owner
3 -15 -14 Notice of violation received
4 -1 -14 Re- inspection of property reveals violation is same
5 -8 -14 Re- inspection reveals van still in same spot and property in violation
Referred case to CEB
5 -29 -14 Notice of hearing sent to property owner for July 8, 2014 CEB meeting
6 -17 -14 Notice of hearing returned "unclaimed"
6 -18 -14 Notice of hearing posted on property, city hall and sent to owner regular mail
RECOMMENDATION: Staff recommends the Board find the property owner in
violation and order that compliance be achieved by removal of the inoperable,
unlicensed vehicle by July 21, 2014, or a fine of $ 100.00 be imposed for the first
day and $100.00 for everyday thereafter the violation continues to exists. The
property owner is responsible for contacting the City Code Enforcement Officer
and obtaining an inspection of compliance.
MOTION: Board find the property owner in violation and order that compliance
be achieved by (insert action
needed) by
(date) or a fine of $ be imposed for the first day and
$ for every day thereafter the violation continues to exists. The property
owner is responsible for contacting the City Code Enforcement Officer and
obtaining an inspection of compliance.
Code Enforcement Officer Statement
Property Owner: Nathan Whelchel
401 Rennie Ave, San Jose, CA 95127
Case # 14- 00000974 Location: 265 JASMINE ST
Lot S 40FT Lot 3, Block 99, SEC H Atlantic Beach Real Estate # 170861 -0200
NOTICE OF VIOLATION: March 12, 2014
NOTICE OF VIOLATION RECEIVED /SIGNED FOR: March 15, 2014
Tenant: Timothy Bottensek
VIOLATIONS
Violation Description
Sec. 24- 163.(b) Recreational vehicles stored or parked on
any residential lot shall be subject to the following
provisions:
(2) Recreational vehicles, boats or boat trailers or other
type of trailer shall not be parked or stored closer than
fifteen (15) feet from the front lot line and shall be
parked in a manner that is generally perpendicular to the
front property line such that length is not aligned in a
manner that extends across the front of the lot it being
the intent that recreational vehicles, boats and trailers
that are parked forward of the residence and should not
excessively dominate the front of the lot.
Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other
The inspection was prompted by:
1. ❑ Complaint X Routine Survey ❑ Other
2. Proper Notice was achieved in accordance with F.S. 162 by:
x Certified Mail ❑ Hand Delivery ❑ Posting of Property
3. I ❑ have X have not spoken with someone in control of the property
4. Description of violation: (Photos)
BACKGROUND
2 -26 -14 Initial inspection
3-12-14 Notice of violation sent
3 -15 -14 Notice of violation received
4 -1 -14 Re- inspection reveals violation same
5 -8 -14 Re- inspection reveals violation same, refer to CEB
5 -28 -14 Re- inspection of property reveals boat gone
5 -29 -14 Notice of hearing sent to property owner for 7 -8 -14 CEB
5 -31 -14 Notice of hearing received
RECOMMENDATION: Staff recommends the Board find the property owner in
violation for the time in violation and now in compliance.
MOTION: Board find the property owner in violation and order that compliance
be achieved by (insert action
needed) by
(date) or a fine of $ be imposed for the first day and
$ for every day thereafter the violation continues to exists. The property
Code Enforcement Officer Statement
Property Owner: AGGRESSIVE HOLDINGS, INC.
1652 Emerson St, Jacksonville, FL 32207
Case # 14- 00000976 Location: 1512 JORDAN ST
ED SMITH S/D PT LOT 14 RECD O/R 1 573 1 -933 Real Estate # 172295 -0030
NOTICE OF VIOLATION: March 13, 2014 and May 2, 2014
NOTICE OF VIOLATION RECEIVED /SIGNED FOR: March 18, 2014 and May
9, 2014
Tenant: Ashley Degood- Alexander
VIOLATIONS
Violation Description
IPMC Sec.302.8 - Motor Vehicles
"No inoperative or unlicensed motor vehicle shall be parked
or kept or stored on any premises, and no vehicle shall at
any time be in a state of disrepair, major disassembly or
in the process or being stripped or dismantled ".
Violation Description
Sec. 24 -163. Recreational vehicles stored or parked on
any residential lot shall be subject to the following
provisions:
(b) Recreational Vehicles stored or parked on any
residential lot shall be subject to the following
provisions:
(1) Not more than one (1) recreational vehicles, boat or
boat trailer, or other type of trailer shall be stored or
parked on any residential lot which is 5000 square feet lot
area or less. Minimum lot area of 10.000 square feet is
required for storage or parking of any second recreational
vehicle, boat or boat trailer or other type trailer.
Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other
The inspection was prompted by:
1. ❑ Complaint X Routine Survey ❑ Other
2. Proper Notice was achieved in accordance with F.S. 162 by:
x Certified Mail ❑ Hand Delivery ❑ Posting of Property
3. I X have ❑ have not spoken with someone in control of the property. Richard
4. Description of violation: (Photos)
BACKGROUND
3 -11 -14 Violations observed.
3 -13 -14 Notice of violation sent on vehicle
3 -18 -14 Notice of violation dated 3 -13 -14 received
4 -2 -14 Re- inspection reveals black Nissan in same condition no tag, inoperable and now
two trailers
4 -10 -14 Re- inspection reveals violations same, black Nissan no tag, inoperable and trailers
5 -2 -14 Notice of violation resent to property owners on vehicle and trailers
5 -6 -14 Notice of violation dated 5 -2 -14 delivered and signed for
5 -19 -14 Re- inspection reveals same condition case referred to 7 -8 -14 CEB
5 -29 -14 Notice of hearing sent for 7 -8 -14 CEB
5 -30 -14 Notice of hearing delivered for 7 -8 -14 CEB meeting
6 -18 -14 Inspection reveals property in compliance
RECOMMENDATION: Staff recommends the Board find the property owner in
violation for the time in violation and now in compliance.
MOTION: Board find the property owner in violation and order that compliance
be achieved by (insert action
needed
by
(date) or a fine of $ be imposed for the first day and
$ for every day thereafter the violation continues to exists. The property
owner is responsible for contacting the City Code Enforcement Officer and
obtaining an inspection of compliance.
Code Enforcement Officer Statement
Property Owner: FEDERAL NATIONAL MORTGAGE ASSOC
P.O. Box 650043, Dallas, TX75265
Case # 14- 00000994 Location: 1365 VIOLET ST
Lot S 34FT Lot 2, N 5FT Lot 3, Block 233,Sec H Atlantic Beach Real Estate # 171061 -0120
NOTICE OF VIOLATION: April 21, 2014 and May 5, 2014
NOTICE OF VIOLATION RECEIVED /SIGNED FOR: April 23, 2014 and May
8, 2014
VIOLATION
Violation Description
IPMC 302.4 Weeds.
All premises and exterior property shall be
maintained free from weeds or plant growth in excess of
twelve (12) inches. All noxious weeds shall be prohibited.
Weeds shall be defined as all grasses, annual plants and
vegetation, other than trees or shrubs provided; however,
this term shall not include cultivated flowers and gardens.
Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other
The inspection was prompted by:
1. X Complaint ❑ Routine Survey ❑ Other
2. Proper Notice was achieved in accordance with F.S. 162 by:
x Certified Mail ❑ Hand Delivery ❑ Posting of Property
3. I ❑ have X have not spoken with someone in control of the property
4. Description of violation: (Photos)
BACKGROUND
4 -2 -14 Inspection of property reveals violation
4 -21 -14 Notice of violation sent to FNMA current property owner
4 -23 -14 Notice of violation received
5 -5 -14 Notice of violation resent to FNMA
5 -8 -14 Notice of violation dated 5 -5 -14 received
5 -12 -14 Re- inspection reveals property remains overgrown
5 -13 -14 Email sent to property preservation companies
5 -20 -14 Property remains in violation
5 -29 -14 Notice of hearing sent to property owner for 7 -8 -14 CEB hearing
6 -2 -14 Notice of hearing for 7 -8 -14 CEB hearing received
6 -18 -14 Front yard partially mowed
RECOMMENDATION: Staff recommends the Board find the property owner in
violation and order that compliance be achieved by mowing the property and
maintain property mowed and clean by July 18, 2014 or a fine of $ 100.00 be
imposed for the first day and $100.00 for every day thereafter the violation
continues to exists. The property owner is responsible for contacting the City
Code Enforcement Officer and obtaining an inspection of compliance.
MOTION: Board find the property owner in violation and order that compliance
be achieved by (insert action
needed) by
(date) or a fine of $ be imposed for the first day and
$ for every day thereafter the violation continues to exists. The property
owner is responsible for contacting the City Code Enforcement Officer and
obtaining an inspection of compliance.
Code Enforcement Officer Statement
Property Owner: Sean Broughton
389 Sargo Rd, Atlantic Beach, FL 32233
Case # 14- 00000996 Location: 389 SARGO RD
Lot RIP PT of Royal Palms Unit 2 A, Lot 1, Block 25 Real Estate # 171693 -0000
NOTICE OF VIOLATION: April 15, 2014
NOTICE OF VIOLATION RECEIVED /SIGNED FOR: April 23, 2014
VIOLATIONS
Violation Description
IPMC Sec.302.8 - Motor Vehicles
"No inoperative or unlicensed motor vehicle shall be parked
or kept or stored on any premises, and no vehicle shall at
any time be in a state of disrepair, major disassembly or
in the process or being stripped or dismantled ".
Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other
The inspection was prompted by:
1. ❑ Complaint X Routine Survey ❑ Other
2. Proper Notice was achieved in accordance with F.S. 162 by:
x Certified Mail ❑ Hand Delivery ❑ Posting of Property
3. I ❑ have X have not spoken with someone in control of the property
4. Description of violation: (Photos)
BACKGROUND
4 -2 -14 Violation observed
4 -15 -14 Notice of violation sent to property owner
4 -23 -14 Notice of violation received
5 -6 -14 Re- inspection of property reveals vehicle is in same location and violation
continues
5 -29 -14 Notice of hearing sent to property owner for 7 -8 -14 CEB hearing
6 -17 -14 Notice of hearing returned "unclaimed"
6 -18 -14 Notice of hearing for 7 -8 -14 meeting Posted on property, city hall and sent to
property owner regular mail
Re- inspection of property reveals vehicle is in same location and violation
continues
RECOMMENDATION: Staff recommends the Board find the property owner in
violation and order that compliance be achieved by removal of the inoperable
Toyota Truck by July 18, 2014 or a fine of $ 100.00 be imposed for the first day
and $100.00 for everyday thereafter the violation continues to exists. The
property owner is responsible for contacting the City Code Enforcement Officer
and obtaining an inspection of compliance.
MOTION: Board find the property owner in violation and order that compliance
be achieved by (insert action
needed) by
(date) or a fine of $ be imposed for the first day and
$ for every day thereafter the violation continues to exists. The property
owner is responsible for contacting the City Code Enforcement Officer and
obtaining an inspection of compliance.
Code Enforcement Officer Statement
Property Owner: Mark Franzoni
13 Oakwood Rd, Jacksonville Beach, FL 32250
Case # 14- 00001006 Location: 1339 ROSE ST
Lot PT 4, Block 235, SEC H Atlantic Beach Real Estate # 171064 -0115
NOTICE OF VIOLATION: April 9, 2014
NOTICE OF VIOLATION RECEIVED /SIGNED FOR: April 12, 2014
VIOLATIONS
Violation Description
Sec. 24 -154. Outdoor display, sale and storage of
furniture, household items, merchandise and business
activities outside of enclosed buildings.
(g) Within all residential zoning districts, and also
including any property containing a residential use,
household items, furniture and those items customarily
intended for indoor use shall not be displayed, maintained
or permanently stored outdoors, or in any location on the
lot where such items shall be stored or properly disposed
of to avoid mold, rodent and insect infestations which may
result in health risks and which also create unsightly
appearance that negatively affect neighborhoods. Such
violations shall be corrected immediately upon written order
from the city.
Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other
The inspection was prompted by:
1. X Complaint ❑ Routine Survey ❑ Other
2. Proper Notice was achieved in accordance with F.S. 162 by:
x Certified Mail ❑ Hand Delivery ❑ Posting of Property
3. I X have ❑ have not spoken with someone in control of the property. Mark Franzoni
4. Description of violation: (Photos)
BACKGROUND
3 -25 -14 Complaint received on conditions of property trashy yard, bed frame, trash, etc.
3 -31 -14 Spoke to Mr. Franzoni on violations, says he will "take care of it"
4 -2 -14 Re- inspection of property reveals violation continues
4 -30 -14 Re- inspection reveals all items removed except a pallet
5 -29 -14 Notice of hearing mailed for July 8, 2014 hearing
5 -30 -14 Notice of hearing received
RECOMMENDATION: Staff recommends the Board find the property owner in
violation and order that compliance be achieved by removal of all outside
storage and cease storing discarded items in yard by July 18, 2014 or a fine of $
100.00 be imposed for the first day and $100.00 for every day thereafter the
violation continues to exists. The property owner is responsible for contacting
the City Code Enforcement Officer and obtaining an inspection of compliance.
MOTION: Board find the property owner in violation and order that compliance
be achieved by (insert action
needed) by
(date) or a fine of $ be imposed for the first day and
$ for every day thereafter the violation continues to exists. The property
owner is responsible for contacting the City Code Enforcement Officer and
obtaining an inspection of compliance.
Code Enforcement Officer Statement
Property Owner: Kevin Bennett
4429 Jiggermast, Jacksonville, FL 32277
Case # 14- 00001022 Location: 95 W 2ND ST 95 -97
Pt Lot 4, Lots 5 and 6, Block 81, SEC H Atlantic Beach Real Estate # 170837 -0000
NOTICE OF VIOLATION: April 14, 2014
NOTICE OF VIOLATION RECEIVED /SIGNED FOR: April 17, 2014
VIOLATIONS
Violation Description
IPMC 302.4 Weeds.
All premises and exterior property shall be
maintained free from weeds or plant growth in excess of
twelve (12) inches. All noxious weeds shall be prohibited.
Weeds shall be defined as all grasses, annual plants and
vegetation, other than trees or shrubs provided; however,
this term shall not include cultivated flowers and gardens.
Violation Description
IPMC Sec.302.8 - Motor Vehicles
"No inoperative or unlicensed motor vehicle shall be parked
or kept or stored on any premises, and no vehicle shall at
any time be in a state of disrepair, major disassembly or
in the process or being stripped or dismantled ".
Ownership of the property as determined by x Tax Records ❑ Title Search ❑ Other
The inspection was prompted by:
1. ❑ Complaint X Routine Survey ❑ Other
2. Proper Notice was achieved in accordance with F.S. 162 by:
x Certified Mail ❑ Hand Delivery ❑ Posting of Property
3. I X have ❑ have not spoken with someone in control of the property. Mr. Bennett
4. Description of violation: (Photos)
BACKGROUND
4 -10 -14 Violations observed
4 -14 -14 Notice of violation sent to property owner
5 -12 -14 Re- inspection of property reveals grass mowed, vehicle remains in violation
5 -29 -14 Notice of hearing sent for 7 -8 -14 CEB meeting
5 -30 -14 Notice of hearing received
6 -2 -14 NIr. Bennett called and stated he is working on getting compliance
6 -5 -14 Re- inspection reveals vehicle has not moved
RECOMMENDATION: Staff recommends the Board find the property owner in
violation and order that compliance be achieved by removing /moving and
making operable the purple GEO by July 18, 2014 or a fine of $ 100.00 be
imposed for the first day and $100.00 for every day thereafter the violation
continues to exists. The property owner is responsible for contacting the City
Code Enforcement Officer and obtaining an inspection of compliance.
MOTION: Board find the property owner in violation and order that compliance
be achieved by (insert action
needed)
(date)
by
or a fine of $ be imposed for the first day and
$ for every day thereafter the violation continues to exists. The property
owner is responsible for contacting the City Code Enforcement Officer and
obtaining an inspection of compliance.