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CE 469 Atlantic Blvd. 18-098 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH, FLORIDA,Petitioner vs. DIAMOND REAL ESTATE PROPERTIES IV LLC, Respondent Property Address: 469 ATLANTIC BLVD 6517 LOU DRIVE SOUTH ATLANTIC BEACH, FL JACKSONVILLE, FL 32216 Case Number: 18-098 • Real Estate Number: 170690 0000 Legal Description: 10-16 21-2S-29E SALTAIR SEC 3 LOTS 810 TO 816,838 TO 840 • -ORDER IMPOSING FINE THIS CAUSE came for public hearing-before the Code Enforcement Board on July 10,2018, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate;matters, and thereupon issues` the Findings of Fact, Conclusions of'Law and Order as follows: FINDINGS OF FACT 1. That the Respondent'owns the property located at 469 ATLANTIC BLVD,Atlantic Beach, Florida. 2. That notice was sent by Certified Mailing and that Respondent was not present at the hearing. 3. That notification of the violations of the City of Atlantic Beach,were made and served on the Respondent as evidenced in this hearing. Board fmd the Respondent in compliance. CONCLUSIONS OF LAW THAT the Respondent is found in violation for the time in violation and now in compliance. ORDER Based upon .the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered: Board fmd the Respondent in compliance. DONE AND ORDERED THIS July 10, 2018. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ATTEST: ‘13/S61 Donna L. Bartle, City Clerk By: Louis Keith, Vice Chairman Executed this 62day of . ', , 20 /9 PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this order shall be filed in circuitcourt withinthirty(30) days of this order's execution. xr# CITY OF ATLANTIC BEACH fri J1 ' ' 800 SEMINOLE ROAD 4 ,� ATLANTIC BEACH,FL 32233 107,er'-' PHONE (904)247-5800 AFFIDAVIT OF COMPLIANCE I, Deborah White, Code Enforcement Officer for the City of Atlantic Beach Code Enforcement Division, verify that the property referenced below was inspected on 7/22/2018 and is now in compliance: CASE NUMBER: 18-098 PROPERTY ADDRESS: 469 ATLANTIC BLVD REAL ESTATE NUMBER: 170690 0000 10-16 21-2S-29E SALTAIR SEC 3 LOTS 810 TO 816,838 TO 840 OWNER OF RECORD WHOSE NAME AND MAILING ADDRESS IS: DIAMOND REAL ESTATE PROPERTIES IV LLC 6517 LOU DR S JACKSONVILLE, FL 32216 7/y/1/0 1 1 ' / / / 7(1-ktL, Date ignature COUNTY OF DUVAL STATE 1OF FLORIDAn ' I, Y1�} I i;s 1-1• I Jl Q ctPCu , a Notary Public of the County and State aforesaid, hereby certify that Deborah White, personally known to me to be the affiant in the foregoing affidavit, personally appeared before me this day and having been by me duly sworn deposes and says that the facts set forth in the above affidavit are true and correct. rd Witness my hand and official seal this the S7 day of , . . _ , o26le. i ISSIO �;:::`: .; MY PHYWSNH.NADEAU SiGG 227058 : // 7ia &lic - .• EXPIRES:June 11,2022 e •'•F„:„.0• Bonded ntru Notary PIb&IC Und9fwlfte s P Notary ublic,State of Florida White, Debbie From: White, Debbie Sent: Monday,July 02,2018 7:13 AM To: 'Samir Saman' Subject: RE:Code Completion&Trees For me you have complied, however,the case will still be heard. Debbie Original Message From:Samir Saman [mailto:samirsaman@hotmail.com] Sent:Sunday,July 01,2018 1:58 PM To:White, Debbie<dwhite@coab.us> Cc: Broedell, Brian<bbroedell@coab.us> Subject: Code Completion&Trees Hi Debbie and Brian, Debbie I sent over last week all the photos of the work completed to back of plaza.And today I am sending the trees that we planted which Brian helped us finalize. My question is in regards to the two hearing that we have coming up I believe July 6th. and 10th.One for code enforcement and the other for the trees.Just want to ask if I still have to appear even though the work is all complete now. Please let me know so that I can plan accordingly. Kind Regards. 1 14.7 ,--= CODE ENFORCEMENT BOARD s CITY OF ATLANTIC BEACH FLORIDA NOTICE OF HEARING 5/31/2018 Case Number: 18-098 DIAMOND REAL ESTATE Certified Mail Return Receipt: PROPERTIES IV LLC 70131710000216914474 6517 LOU DRIVE SOUTH JACKSONVILLE, FL 32216 Property Address: 469 ATLANTIC BLVD ATLANTIC BEACH, FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on July 10, 2018 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known as 469 ATLANTIC BLVD, RE#170690-0000, 10-16 21-2S-29E SALTAIR SEC 3 LOTS 810 TO 816,838 TO 840. International Property Maintenance Code/City Code of Ordinances Sec. 23-23. - Permits procedures. (a) (3) After-the-fact permits. Any person(s) engaging in the removal of regulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after-the-fact permit, and meet mitigation requirements as assessed. Sec. 23-26. -Fees. (a) (1) d. Commercial or industrial uses 250.00 Sec. 23-31. (b) Pruning or removal of city trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city property without the permission of the city as evidenced by the appropriate permit. Sec. 23-33. - Mitigation to be assessed. (b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the following table, such that the number of inches required to be replaced, relocated or preserved (first number) are proportional to the number the inches removed (second number): Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit, the fee for which shall be two (2) times the normal established application fee specified in section 23-26. In addition, as a condition of the permit, the applicant-shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23-33. The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904) 247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ATTEST: An41.4. (m.a4-tee) Donna L.Bartle, City Clerk Deborah White, Code Enforcement CITY OF ATLANTIC BEACH JS 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 J ' V PHONE (904)247-5800 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70170660000038566443 4/12/2018 DIAMOND REAL ESTATE PROPERTIES IV LLC 6517 LOU DR S JACKSONVILLE, FL 32216 Real Estate Number: 170690 0000 Case Number: 18-098 Location of Violation: 469 ATLANTIC BLVD, Atlantic Beach, Florida Dear Property Owner: Please be advised, Atlantic Beach Code Enforcement has found your property referenced above to be in violation of the City of Atlantic Beach, Code of Ordinances,to wit: VIOLATION(S) Sec. 23-23. -Permits procedures. (a) (3) After-the-fact permits. Any person(s) engaging in the removal of regulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after- the-fact permit, and meet mitigation requirements as assessed. Sec. 23-26. -Fees. (a) (1) d. Commercial or industrial uses 250.00 (double permit fee for after the fact permit fee $500.00)(see Sec. 23-51) Sec. 23-31. (b) Pruning or removal of city trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city property without the permission of the city as evidenced by the appropriate permit. (palm trees removed from city's right of way without permission or a permit) Sec. 23-33. -Mitigation to be assessed. (b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the following table, such that the number of inches required to be replaced, relocated or preserved (first number) are proportional to the number the inches removed(second number): TABLE 1. STANDARD MITIGATION ASSESSMENT CLASSIFICATION OF PROPERTY CLASSIFICATION OF REGULATED TREE Public_rights-of-way, easements, etc. 1:1 3:1 General conditions. Mitigation shall be in the form ofpreservation of existingtrees,relocation of � (b) g Vr) existing trees that would otherwise be removed, or replacement with new trees, and shall occur within thirty (30) days, or prior to issuance of a certificate of occupancy or other final appfoval, whichever time is shorter, unless a greater period is provided for good cause by the permit. The applicant assumes all duties and costs associated with mitigation. (a site plan must be submitted with tree removal permit application indicating the location, size and species of trees to be of new trees 80" dbh trees to be replanted as required) Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit, the fee for which shall be two (2) times the normal established application fee specified in section 23-26. In addition, as a condition of the permit, the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23-33. (palm tree removed from public right of way without the required permit which requires an after-the-fact permit and double permit fee and two times the normal mitigation, 80" now required or replacement trees) This letter requests that the noted violation(s) be corrected by submitting a tree removal permit application and obtain a tree removal permit including a site plan indicating location, size and species of trees to replace 80" of trees into right of way in rear of shopping center for approval and all required trees within thirty (30) days of the receipt of this notice. To avoid having this case be referred to the Code Enforcement Board, all listed violations on this notice must be in compliance on or before the date established by Atlantic Beach Code Enforcement. The Board may impose fines up to two hundred fifty ($250.00) per day for continuing violations. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance. It is our goal to keep our neighborhoods looking well maintained while protecting property values and your cooperation in this matter is greatly appreciated. Please contact Atlantic Beach Code Enforcement at(904) 247-5855 if you have any questions or need additional information. Sincerely, Deborah White CODE ENFORCEMENT r 7tyT'�7440h, i CITY OF ATLANTIC BEACH n__ 800 SEMINOLE ROAD ' ; ,- ATLANTIC BEACH,FL 32233 PHONE (904)247-5800 CERTIFIED MAIL RETURN RECEIPT REQUESTED 4/12/2018 DIAMOND REAL ESTATE PROPERTIES IV LLC 6517 LOU DR S JACKSONVILLE, FL 32216 Real Estate Number: 170690 0000 Case Number: 18-098 Location of Violation: 469 ATLANTIC BLVD, Atlantic Beach,Florida Dear Property Owner: Please be advised, Atlantic Beach Code Enforcement has found your property referenced above to be in violation of the City of Atlantic Beach, Code of Ordinances,to wit: VIOLATION(S) Sec. 23-23. -Permits procedures. (a) (3) After-the-fact permits. Any person(s) engaging in the removal of regulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after- the-fact permit, and meet mitigation requirements as assessed. Sec. 23-26. -Fees. (a) (1) d. Commercial or industrial uses 250.00 (double permit fee for after the fact permit fee $500.00) fie.. 2' r s-( Sec. 23-31. (b) Pruning or removal of city trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city property without the permission of the city as evidenced by the appropriate permit. (palm tree removed from city's right of way without permission or a permit) S Sec. 23-33. - Mitigation to be assessed. (b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the following table, such that the number of inches required to be replaced, relocated or preserved (first number) are proportional to the number the inches removed(second number): TABLE 1. STANDARD MITIGATION ASSESSMENT CLASSIFICATION OF PROPERTY CLASSIFICATION OF REGULATED TREE Public parcels 1:1 fig, (tit.T. c� (� - 3 '5---1 r_. ._.---•----- _ _dam c,F.i..a....a:, ensit r-eas— -- 1----- 3:1 (b) General conditions. Mitigation shall be in the form of preservation of existing trees,relocation of existing trees that would otherwise be removed, or replacement with new trees, and shall occur within thirty (30) days, or prior to issuance of a certificate of occupancy or other final approval, whichever time is shorter, unless a greater period is provided for good cause by the permit. The applicant assumes all duties and costs associated with mitigation. ite plan must be submitted with tree removal permit application ' ;i • . �g the location, s e and species of trees to be installed air equired)-• " Sec. 23-51. (d) Sanctions foraif lure to obtain a permit. (1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit, the fee for which shall be two (2) times the normal established application fee specified in section 23-26. In addition, as a condition of the permit, the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23-33. (palm tree°5removed from public right of way without the required permit w t requires an after-the-fact permit and double permit fee and two times the normal mitigatio i 80 now required or replacement trees) This letter requests that the noted violation(s) be corrected by submitting a tree removal permit application and obtain a tr• • removal permit including a site plan indicating location, size and species of trees to replac' 80" of trees into right of way in rear of shopping center for approval and all required trees wit i 'u i irty(30) days of the receipt of this notice. To avoid having this case be referred to the Code Enforcement Board, all listed violations on this notice must be in compliance on or before the date established by Atlantic Beach Code Enforcement. The Board may impose fmes up to two hundred fifty ($250.00) per day-for continuing violations. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance. It is our goal to keep our neighborhoods looking well maintained while protecting property values and your cooperation in this matter is greatly appreciated. Please contact Atlantic Beach Code Enforcement at(904)247-5855 if you have any questions or need additional information. Sincerely, Deborah White CODE ENFORCEMENT 7,---OVer 1st Impressions Services of Florida, Inc. 12frisiMmaEr TANS 10023 Beach Blvd Suite 4 Jacksonville, FL 32246 904-415-0132 floridatirst@outiook.com ADDRESS SHIP TO PROPOSAL 101438 469 Atlantic Boulevard-Shopping 469 Atlantic Boulevard-Shopping . . Center CenterDATE 04126/2018 469 Atlantic Boulevard 469 Atlantic Boulevard Atlantic Beach 32233 Atlantic Beach 32233 SCOPE OF WORK AMOUNT ATLANTIC BEACH SHOPPING CENTER -install new gates with casters at dumpster corral in front and paint all fencing. -install 3x3 flashing above 6 doors on back of building _ -Install new vinyl fence around the propane tanks in back.4'x6'x4', 6'tall - Remove 2x4's that are holding staircase and replace with 4x4 and inset in ground. Fasten all staircases to building (6 staircases) -Fill all holes and fill around all pipes going into building. -Pressure wash entire backside of building. -Paint 6 exterior doors and paint 6 staircases -Re-secure the NC cage in back -Supply and Install new electric cover on breaker out back TOTAL MATERIALS AND LABOR 4,350.00 TOTAL $4,350.00 Accepted Byi Accepted Date SR t,/%11 SG.,i''' \C-' I agree to all terms and conditions set forth herein and understand that 1st Impressions.Services is not responsible for any delays;resulting from inability to contact owner on issues that may arise during the construction process requiring owner consult and/or approval,acts of God,labor strike,material;shortage,acts of war,severe weather,or any other circumstance beyond our control.