2329 Barefoot Trc SWO 18-371 driveway pavers without permit / City of Atlantic Beach
(J
' . 800 Seminole Road
Atlantic Beach, FL, 32233
"�
Phone: 904-247-5800
Notice of Violation (Return Receipt)
January 02, 2019
HOSTO MICHAEL D CASE NO. 18-371
2329 BAREFOOT TRCE REAL ESTATE NO. 169463 0618
ATLANTIC BEACH, FL 32233 RETURN RECEIPT: 70182290000101167933
VIOLATION LOCATION: 2329 BAREFOOT TRACE
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:
Sec. 19-7. - Construction of driveways in rights-of-way.
The construction of a new driveway in the city's right-of-way, or the modification of an existing
driveway in a right-of-way, shall require a construction permit within city rights-of-way and
easements. Said permit shall be issued subject to the following requirements:
(a) The proposed driveway shall not create more than fifty (50) percent impervious area within the
right-of-way. (b) Any permit issued shall be a revocable encroachment permit if any nonstandard
driveway materials (i.e., pavers) are installed in the right-of-way. If the city is required to do any
utility or other work or repairs in a right-of-way which damages such nonstandard materials, the
homeowner shall be responsible for repairs necessary to the materials. (c) Any construction within
the city's rights-of-way shall not adversely affect or restrict public parking in the rights-of-way. (d)
No parking aprons shall be allowed in the city's rights-of-way along arterial (through) streets listed
in city Code subsection 21-17(h). (e) Any improvements in the city's rights-of-way that are not part
of a driveway or sidewalk shall be constructed of turf block or other pervious material. (f)
Maximum driveway width at the property line and through the right-of-way shall be twenty (20)
feet. Maximum driveway width for circular drives shall be twelve (12) feet, and circular drives shall
only be permitted on lots having at least one hundred-foot frontage. (g) Maximum driveway width
at the property line and through the right-of-way for duplexes on a fifty-foot lot shall be a
combined width for both driveways of twenty-four (24) feet. (h) Driveways that cross sidewalks.
City sidewalks may not be replaced with other materials, but must be replaced with smooth
concrete left natural in color so that it matches the existing and adjoining sidewalks.
ACTION REQUIRED WITHIN five (5) DAYS OF THE RECEIPT OF THIS NOTICE: Please submit
application for the paver driveway. Application must indicate the area of pavers that will be
removed to restore the sidewalk back to original concrete.
City of Atlantic Beach
1'' 1 800 Seminole Road
-VW, Atlantic Beach, FL, 32233 Phone: 904-247-5800
Thank you for your cooperation in this matter. Failure to correct the violation(s) by the required
date may result in this case being referred to the Code Enforcement Board resulting in fines up to
two-hundred fifty ($250.00) per day. Upon completion of action required it is your responsibility
to contact me and arrange for an inspection to verify compliance. If you have any questions
contact Code Enforcement at 904-247-5855.
Sincerely,
OrY\032'`
Angela Irizarry
Code Enforcement
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,
s f CITY OF ATLANTIC BEACH
r - s 800 SEMINOLE ROAD
l
si ATLANTIC BEACH, FL 32233
_3
r„ yr PHONE (904)247-5800
' ..--011 !P CERTIFIED MAIL RETURN RECEIPT REQUESTED
7018 2290 0001 0116 7902
5/3/2019
HOSTO MICHAEL D
2329 BAREFOOT TRCE
ATLANTIC BEACH, FL 32233
Real Estate Number: 169463 0618 Case Number: 18-371
Location of Violation: 2329 BAREFOOT TRACE, 42-13 37-2S-29E, OCEANWALK UNIT 2, LOT
58Atlantic Beach, Florida
Dear Property Owner:
Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations
governing construction activities and also maintenance standards for property within the City. These
standards are set forth in the International Property Maintenance Code and the Florida Building Code
and are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-
16.
A code enforcement inspection at 2329 BAREFOOT TRACE was conducted on . The City of Atlantic
Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code
of Ordinances:
VIOLATION CODE: Sec. 19-7. Construction of driveways in rights-of-way. The construction of a
new driveway in the city's right-of-way, or the modification of an existing driveway in a right-of-way,
shall require a construction permit within city rights-of-way and easements. Said permit shall be
issued subject to the following requirements: (a) The proposed driveway shall not create more than fifty
(50)percent impervious area within the right-of-way. (b)Any permit issued shall be a revocable
encroachment permit if any nonstandard driveway materials(i.e., pavers) are installed in the right-of-
way. If the city is required to do any utility or other work or repairs in a right-of-way which damages
such nonstandard materials,the homeowner shall be responsible for repairs necessary to the materials.
(c) Any construction within the city's rights-of-way shall not adversely affect or restrict public parking
in the rights-of-way. (d)No parking aprons shall be allowed in the city's rights-of-way along arterial
(through) streets listed in city Code subsection 21-17(h). (e)Any improvements in the city's rights-of-
way that are not part of a driveway or sidewalk shall be constructed of turf block or other pervious
material. (f) Maximum driveway width at the property line and through the right-of-way shall be twenty
(20) feet. Maximum driveway width for circular drives shall be twelve (12) feet, and circular drives shall
only be permitted on lots having at least one hundred-foot frontage. (g) Maximum driveway width at the
property line and through the right-of-way for duplexes on a fifty-foot lot shall be a combined width for
both driveways of twenty-four(24) feet. (h) Driveways that cross sidewalks. City sidewalks may not
be replaced with other materials, but must be replaced with smooth concrete left natural in color so
that it matches the existing and adjoining sidewalks.
NATURE OF VIOLATION: Paver driveway was installed without obtaining a valid permit from the
City of Atlantic Beach. In addition the City's concrete sidewalk crossing through the driveway was
removed and replaced with pavers in violation of Sec. 19-7.
This letter requests that the noted violation(s) be corrected by submitting a permit application for
the paver driveway within five(5) days of the receipt of this notice. Application must indicate the
area of pavers that will be removed to restore the sidewalk back to original concerete. This is the
final request.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may
result in this case being referred to the Special Magistrate resulting in fines up to two hundred fifty
dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me
and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at
(904)247-5855 if you have any questions or need additional information.
I, elCt Ti ,-1217.Q(( , hereby swear and affirm that the above statement is true
and accurata�
Sincerely,
01111-EL-(01/4_0AATAA?„-
Angela Irizarry
CODE ENFORCEMENT
ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
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Page 1 of 2
rS J'I,1 flel CODE ENFORCEMENT
E5 CITY OF ATLANTIC BEACH, FLORIDA
\\.\ _
Ai
NOTICE OF HEARING
r.4 J;3
7/26/2019 Case Number: 18-371
HOSTO MICHAEL D Certified Mail Return Receipt:
2329 BAREFOOT TRCE 70171000000069911893
ATLANTIC BEACH, FL 32233
Property Address: 2329 BAREFOOT TRACE
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement
Special Magistrate on September 5, 2019 at 2:00 pm at Atlantic Beach City Hall, Commission
Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the
property known as 2329 BAREFOOT TRACE, RE#169463 0618, 42-13 37-2S-29E, OCEANWALK
UNIT 2, LOT 58. The City of Atlantic Beach adopted the International Property Maintenance Code and
the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article
II, Section 6-16.
International Property Maintenance Code/City Code of Ordinances
Sec. 19-7. Construction of driveways in rights-of-way. The construction of a new driveway in the city's
right-of-way, or the modification of an existing driveway in a right-of-way, shall require a construction
permit within city rights-of-way and easements. Said permit shall be issued subject to the following
requirements: (a) The proposed driveway shall not create more than fifty (50) percent impervious area
within the right-of-way. (b) Any permit issued shall be a revocable encroachment permit if any
nonstandard driveway materials (i.e., pavers) are installed in the right-of-way. If the city is required to
do any utility or other work or repairs in a right-of-way which damages such nonstandard materials, the
homeowner shall be responsible for repairs necessary to the materials. (c) Any construction within the
city's rights-of-way shall not adversely affect or restrict public parking in the rights-of-way. (d) No
parking aprons shall be allowed in the city's rights-of-way along arterial (through) streets listed in city
Code subsection 21-17(h). (e) Any improvements in the city's rights-of-way that are not part of a
driveway or sidewalk shall be constructed of turf block or other pervious material. (f) Maximum
driveway width at the property line and through the right-of-way shall be twenty (20) feet. Maximum
driveway width for circular drives shall be twelve (12) feet, and circular drives shall only be permitted
on lots having at least one hundred-foot frontage. (g) Maximum driveway width at the property line and
through the right-of-way for duplexes on a fifty-foot lot shall be a combined width for both driveways of
twenty-four(24) feet. (h) Driveways that cross sidewalks. City sidewalks may not be replaced with other
materials, but must be replaced with smooth concrete left natural in color so that it matches the existing
and adjoining sidewalks.
Page 2 of 2
STATEMENT OF CODE ENFORCEMENT OFFICER: On 7/25/2019 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 2329 BAREFOOT TRACE.
During the inspection, the undersigned Code Enforcement Officer observed that the property was in
violation of the section listed above in the City of Atlantic Beach Code of Ordinances. The nature of the
violation included: Paver driveway was installed without obtaining a valid permit from the City of
Atlantic Beach. In addition the City's concrete sidewalk crossing through the driveway was removed
and replaced with pavers in violation of Sec. 19-7.
The after-the-fact permit to correct the violation was approved on June 11, 2019 but as of July 25, 2019,
the permit fees have not been paid, the permit has not been issued and the repair work has not begun.
If the violation is corrected and then recurs or if the violation was not corrected by the time specified for
correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may
be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior
to the hearing.
You have the right to obtain an attorney at your own expense and to present witnesses on 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.
I, ,,� �� Y� `1 , hereby swear and affirm that the above statement is
true and a ate.
Angela Irl , Code Enforcement cer
U.S. Postal Service'"'
ATTEST: CERTIFIED MAIL® RECEIPT
rrl Domestic Mail Only
)
O'
For delivery information,visit our website at www.usps.com°.
0- Certified Mail Fee
Lori Diaz, Records Clerk ( Q" $
.13 Extra Services&Fees(check box,add fee as appropriate)
O ❑Return Receipt(hardcopy) $
❑Return Receipt(electronic) $ Poatmetk
❑Certified Mail Restricted Delivery $ Here
❑Adult Signature Required $
❑Adult Signature Restricted Delivery$
p Postage
O $
Total Postage and Fees
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City,State,ZIP+4+
PS Form 3800,AprIl 2015 PSN 7530-02-0004047 See Reverse for Instructions
i'S yL`Jj/n, t.`
t t� City of Atlantic Beach 'JEOPOST FIRST-cuss MAI
'-, 800 Seminole Road 07/26/2019 00 Oy
Niagivivy"r Atlantic Beach, Florida 32233 S POSTAGE 006.8
RECEIVED 7017 1000 0000 6991 1893 V'c _ 041M11299654
\\ ZIP 32233
SEP 16 2019
\--)/ -
7/26/2019 Case Number: 18- i4 \/ /�
NT XTF_ 122 DE 1 0339/15 /19
HOSTO MICHAEL D CRE TU TO SENDER
2329 BAREFOOT TRCE 7( ;; ;_;',I E;;
ATLANTIC BEACH, FL 32233 L!.N A fi L E TO f OR WARD
riNt 3C: 32233546199 143B-112 46-2 6-3B
.�; 3:22 a - 1304 62 filishillllfilbillf`illfiillrrlllall1Iilllciiilrhillyl481i 1)
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,. s�.1,-'r'7',, ,
e CITY OF ATLANTIC BEACH
0 . ,�
_. 800 SEMINOLE ROAD
f ATLANTIC BEACH, FL 32233
PHONE (904) 247-5800
J;31>�
NOH POSTING AFFIDAVIT AND
PROOF OF MAILING REGULAR MAIL
Case Number: 18-371
Pursuant to Chapter 162, Florida Statutes and Sec. 2-147, City of Atlantic Beach City Code of
Ordinances,I,Angela Irizarry, Code Enforcement Officer,City of Atlantic Beach, hereby affirm a
Notice of Hearing, a copy of which is attached, was mailed regular mail and was posted at the
following locations:
\--0
(1) Date Posted: I. -V.
Location: 2329 BAREFOOT TRACE,Atlantic Beach, Florida
(2) Date Posted:
�l -3--- \ C)
Location: ATLANTIC BEACH CITY HALL
800 SEMINOLE ROAD
ATLANT BEACH,FL 32233
-4116AJII).• -...4iiir lir
Angela Iriz jCode EnforcemE1 .
County of Duval
State of Florida
The foregoing Affidavit was acknowledged before me this 22- day ofAAA./
20 / , by Angela Irizarry,who is personally known to me as Code Enforcement for the City of
Atlantic Beach.
•
Person taking acknowledgement:
(Notary Stamp/Seal) . i
Notary ub is State of ��i da
LORA DIAZ_ i
; MY COIANISSIOta GO 276336 k
. ,�� ;•: 132022
•••.��'.P`S DVIRES , wss j
�'''"�'�1--„,„ CODE ENFORCEMENT
« s� CITY OF ATLANTIC BEACH, FLORIDA
: s)
ilay
NOTICE OF HEARING
'J-4J13 c r�
8/22/2019 Case Number: 18-371
HOSTO MICHAEL D POSTED ON PROPERTY AND
2329 BAREFOOT TRCE ATLANTIC BEACH CITY HALL
ATLANTIC BEACH, FL 32233
Property Address: 2329 BAREFOOT TRACE
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement
Special Magistrate on September 5, 2019 at 2:00 pm at Atlantic Beach City Hall, Commission
Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the
property known as 2329 BAREFOOT TRACE, RE#169463 0618, 42-13 37-2S-29E, OCEANWALK
UNIT 2, LOT 58. The City of Atlantic Beach adopted the International Property Maintenance Code and
the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article
II, Section 6-16.
International Property Maintenance Code/City Code of Ordinances
Sec. 19-7. Construction of driveways in rights-of-way. The construction of a new driveway in the city's
right-of-way, or the modification of an existing driveway in a right-of-way, shall require a construction
permit within city rights-of-way and easements. Said permit shall be issued subject to the following
requirements: (a) The proposed driveway shall not create more than fifty (50) percent impervious area
within the right-of-way. (b) Any permit issued shall be a revocable encroachment permit if any
nonstandard driveway materials (i.e., pavers) are installed in the right-of-way. If the city is required to
do any utility or other work or repairs in a right-of-way which damages such nonstandard materials, the
homeowner shall be responsible for repairs necessary to the materials. (c) Any construction within the
city's rights-of-way shall not adversely affect or restrict public parking in the rights-of-way. (d) No
parking aprons shall be allowed in the city's rights-of-way along arterial (through) streets listed in city
Code subsection 21-17(h). (e) Any improvements in the city's rights-of-way that are not part of a
driveway or sidewalk shall be constructed of turf block or other pervious material. (f) Maximum
driveway width at the property line and through the right-of-way shall be twenty (20) feet. Maximum
driveway width for circular drives shall be twelve (12) feet, and circular drives shall only be permitted
on lots having at least one hundred-foot frontage. (g) Maximum driveway width at the property line and
through the right-of-way for duplexes on a fifty-foot lot shall be a combined width for both driveways of
twenty-four (24) feet. (h) Driveways that cross sidewalks. City sidewalks may not be replaced with other
materials, but must be replaced with smooth concrete left natural in color so that it matches the existing
and adjoining sidewalks.
STATEMENT OF CODE ENFORCEMENT OFFICER: On 7/25/2019 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 2329 BAREFOOT TRACE.
During the inspection, the undersigned Code Enforcement Officer observed that the property was in
violation of the section listed above in the City of Atlantic Beach Code of Ordinances. The nature of the
violation included: Paver driveway was installed without obtaining a valid permit from the City of
Atlantic Beach. In addition the City's concrete sidewalk crossing through the driveway was removed
and replaced with pavers in violation of Sec. 19-7.
The after-the-fact permit to correct the violation was approved on June , 11, 2019 but as of August 22,
2019, the permit fees have not been paid the permit has not been issued and the repair work has not
begun..
If the violation is corrected and then recurs or if the violation was not corrected by the time specified for
correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may
be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior
to the hearing.
You have the right to obtain an attorney at your own expense and to present witnesses on 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.
I, , hereby swear and affirm that the above statement
is true and accurate.
Angela Irizarry,
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
t C1
Lori Diaz, Records Cler
-7.42; ACCESSORY PERMIT PERMIT NUMBER
s CITY OF ATLANTIC BEACH ACC19-0040
141 %.4111W
800 SEMINOLE ROAD ISSUED: 8/23/2019
ATLANTIC BEACH. FL 32233 EXPIRES: 2/19/2020
MUST CALL INSPECTION PHONE LINE (904) 247-5814 BY 4 PM FOR NEXT DAY INSPECTION.
ALL WORK MUST CONFORM TO THE CURRENT 6TH EDITION (2017) OF THE FLORIDA BUILDING
CODE, NEC, IPMC, AND CITY OF ATLANTIC BEACH CODE OF ORDINANCES .
ALL CONDITIONS OF PERMIT APPLY, PLEASE READ CAREFULLY.
NOTICE: In addition to the requirements of this permit,there may be additional restrictions applicable to this property
that may be found in the public records of this county,and there may be additional permits required from other
governmental entities such as water management districts,state agencies,or federal agencies.
JOB ADDRESS: PERMIT TYPE: DESCRIPTION: VALUE OF WORK:
2329 BAREFOOT TRACE ACCESSORY SINGLE OR TWO PAVER DRIVEWAY,
FAMILY ACCESSORY SIDEWALK & PATIO $10000.00
TYPE OF REAL ESTATE ZONING: BUILDING USE SUBDIVISION:
CONSTRUCTION: NUMBER: GROUP:
169463 0618 OCEAN WALK UNIT 02
COMPANY: ADDRESS: CITY: STATE: ZIP:
OWNER: ADDRESS: CITY: STATE: ZIP:
HOSTO MICHAEL D 2329 BAREFOOT TRCE ATLANTIC BEACH FL 32233
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT
IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF
COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST
INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
LIST OF CONDITIONS
Roll off container company must be on City approved list . Container cannot be placed on City right-of-way.
1 PUBLIC WORKS EROSION CONTROL INSTALLATION INFORMATIONAL
Notes:
Full erosion control measures must be installed and approved prior to beginning any earth disturbing activities. Contact the Inspection Line(904-247-
5814)to request an Erosion and Sediment Control Inspection prior to start of construction.
I 2 PUBLIC WORKS ON SITE RUNOFF INFORMATIONAL
Notes:
All runoff must remain on-site during construction.
Issued Date:8/23/2019 1 of 2
,,;i%-L r' ACCESSORY PERMIT PERMIT NUMBER
l...)' P.P*,
s, CITY OF ATLANTIC BEACH KACC19-0040
V ISSUED:8/23/2019
f` /
800 SEMINOLE ROAD
-�`i';� ATLANTIC BEACH, FL 32233 EXPIRES: 2/19/2020
3 PUBLIC WORKS ROLL OFF CONTAINER INFORMATIONAL
Notes:
Roll off container company must be on City approved list(Advanced Disposal,Realco Recycling,Shapells,Inc.,Republic Services,Donovan Dumpsters,
Phillips Containers,JDog/Dennis Junk Removal,All American Roll Off,WCA Waste Corporation). Container cannot be placed on City right-of-way.
4 PUBLIC WORKS RIGHT OF WAY RESTORATION INFORMATIONAL
Notes:
Full right-of-way restoration,including sod,is required.
5 PUBLIC WORKS MAXIMUM DRIVEWAY INFORMATIONAL
Notes:
Maximum driveway width within the City right-of-way is 20 feet.
i 6 PUBLIC WORKS ADDITIONAL COMMENTS PUBLIC WORKS INFORMATIONAL
Notes:
Driveway cannot go through sidewalk. Pavers must be removed and concrete sidewalk must be added. Sidewalk must remain concrete.
DESCRIPTION ACCOUNT QUANTITY PAID AMOUNT
BUILDING PERMIT 455-0000-322-1000 0 $105.00
BUILDING PLAN CHECK 455-0000-322-1001 0 $52.50
PW REVIEW BUILDING MOD OR ROW 001-0000-329-1004 0 $25.00
STATE DBPR SURCHARGE 455-0000-208-0700 0 $5.59
STATE DCA SURCHARGE 455-0000-208-0600 0 $3.73
WORK WITHOUT PERMIT 455-0000-322-1000 0 $215.00
ZONING REVIEW SINGLE AND TWO FAMILY USES 001-0000-329-1003 0 $50.00
TOTAL:$456.82
Issued Date:8/23/2019 2 of 2
Page 1 of 2
0IANrie CODE ENFORCEMENT
g .
` i f CITY OF ATLANTIC BEACH, FLORIDA
c.) s)
,, NOTICE OF HEARING
_____,)
'1.0;fi>?
9/27/2019 Case Number: 18-371
HOSTO MICHAEL D Certified Mail Return Receipt:
2329 BAREFOOT TRCE 70171000000069911923
ATLANTIC BEACH, FL 32233
Property Address: 2329 BAREFOOT TRACE
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement
Special Magistrate on November 7, 2019 at 2:00 pm at Atlantic Beach City Hall, Commission
Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the
property known as 2329 BAREFOOT TRACE, RE#169463 0618, 42-13 37-2S-29E, OCEANWALK
UNIT 2, LOT 58. The City of Atlantic Beach adopted the International Property Maintenance Code and
the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article
II, Section 6-16.
International Property Maintenance Code/City Code of Ordinances
Sec. 19-7. Construction of driveways in rights-of-way. The construction of a new driveway in the city's
right-of-way, or the modification of an existing driveway in a right-of-way, shall require a construction
permit within city rights-of-way and easements. Said permit shall be issued subject to the following
requirements: (a) The proposed driveway shall not create more than fifty (50) percent impervious area
within the right-of-way. (b) Any permit issued shall be a revocable encroachment permit if any
nonstandard driveway materials (i.e., pavers) are installed in the right-of-way. If the city is required to
do any utility or other work or repairs in a right-of-way which damages such nonstandard materials, the
homeowner shall be responsible for repairs necessary to the materials. (c) Any construction within the
city's rights-of-way shall not adversely affect or restrict public parking in the rights-of-way. (d) No
parking aprons shall be allowed in the city's rights-of-way along arterial (through) streets listed in city
Code subsection 21-17(h). (e) Any improvements in the city's rights-of-way that are not part of a
driveway or sidewalk shall be constructed of turf block or other pervious material. (f) Maximum
driveway width at the property line and through the right-of-way shall be twenty (20) feet. Maximum
driveway width for circular drives shall be twelve (12) feet, and circular drives shall only be permitted
on lots having at least one hundred-foot frontage. (g) Maximum driveway width at the property line and
through the right-of-way for duplexes on a fifty-foot lot shall be a combined width for both driveways of
twenty-four(24) feet. (h) Driveways that cross sidewalks. City sidewalks may not be replaced with other
materials, but must be replaced with smooth concrete left natural in color so that it matches the existing
and adjoining sidewalks.
Page 2 of 2
STATEMENT OF CODE ENFORCEMENT OFFICER: On 7/25/2019 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 2329 BAREFOOT TRACE.
During the inspection, the undersigned Code Enforcement Officer observed that the property was in
violation of the section listed above in the City of Atlantic Beach Code of Ordinances. The nature of the
violation included: Paver driveway was installed without obtaining a valid permit from the City of
Atlantic Beach. In addition the City's concrete sidewalk crossing through the driveway was removed
and replaced with pavers in violation of Sec. 19-7.
The after-the-fact permit to correct the violation was approved on June 11, 2019 but as of July 25, 2019,
the permit fees have not been paid, the permit has not been issued and the repair work has not begun.
This case was scheduled for hearing on September 5th, 2019 but that hearing was cancelled due to
Hurricane Dorian.
If the violation is corrected and then recurs or if the violation was not corrected by the time specified for
correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may
be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior
to the hearing.
You have the right to obtain an attorney at your own expense and to present witnesses on 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.
i, 1 r�� , hereby swear and affirm that the above statement is
true and a ate.
C-1-1
Angela Iri Code Enforcemen 4er •
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alCITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
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� ATLANTIC BEACH,FL 32233
PHONE (904) 247-5800
44.J;319�
AFFIDAVIT OF COMPLIANCE
I, Angela Irizarry, Code Enforcement Officer for the City of Atlantic Beach Code Enforcement
Division, verify that the property referenced below was inspected on 8/30/2019 and is now in
compliance:
CASE NUMBER: 18-371
PROPERTY ADDRESS: 2329 BAREFOOT TRACE
REAL ESTATE NUMBER: 169463 0618 42-13 37-2S-29E, OCEANWALK UNIT 2, LOT 58
OWNER OF RECORD WHOSE NAME AND MAILING ADDRESS IS:
HOSTO MICHAEL D
2329 BAREFOOT TRCE
ATLANTIC BEACH, FL 32233
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Signature S‘.. 1..-CL%---
COUNTY OF DUVAL
STATE OF FLORIDA
I, I/p/7/)e CO(� /Uer/e , a Notary Public of the County and State aforesaid,
here y certify that Angela I zarry, personally known to me to be the affiant in the foregoing affidavit,
per onally appeared befor e 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.
Witness my hand and official seal this the g day of November-,
/q .
YVONNE CALVERLEY / /
'' '�= MY COMMISSION#FF 976537 G�
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CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner, First Class and Certified Mail Return Receipt
Requested: 70171000000070002665
vs.
Property Address: 2329 Barefoot Trace
Atlantic Beach, FL 32233
Michael D. Hosto
2329 Barefoot Trace
Atlantic Beach, Florida 32233
Respondent.
CASE NUMBER: 18-371
REAL ESTA I F.NUMBER: 169463 0618
LEGAL DESCRIPTION: 42-13 37-2S-29E, OCEANWALK UNIT 2, LOT 58
ORDER ON CASE NO. 18-371
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on November
7, 2019, and the Special Magistrate having heard testimony under oath, received evidence, and heard
arguments respective to all appropriate matters, issues Findings of Fact, Conclusions of Law, and
Orders as follows:
FINDINGS OF FACT
1. Respondent owns the property located at 2329 Barefoot Trace, Atlantic Beach, Florida.
2. Notice of the hearing was sent by Certified Mail.
3. Lisa Hosto appeared at the hearing.
4. The City of Atlantic Beach issued a permit for the installation of driveway pavers at the
property on August 23, 2019.
5. The pavers had been installed on or about December 2018, prior to the issuance of a permit.
6. However, the contractor installed pavers over the sidewalk in violation of§ 19-7 of the City
of Atlantic Beach Municipal Code.
7. By the time of the hearing, the pavers had been removed, and the sidewalk had been
restored to a compliant condition.
8. The Code Enforcement Officer recommended a finding of compliance.
CONCLUSIONS OF LAW
9. The City of Atlantic Beach has, via Code § 6-120, adopted the International Property
Maintenance Code and incorporated it into its ordinances.
10.The property is currently in compliance with the Code, and the evidence does not support the
imposition of a fine.
ORDER
11. 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 no fines shall be levied for the violations identified in the above-referenced case
numbers.
DONE AND ORDERED THIS 27 DAY OF NOVEMBER 2019.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
ATTE T:
7V6' -;
Lori Diaz, IJeputy City Cle l ` Jeb". Branham, Special Magistrate
Executed this 27 day of November, 2019.
PLEASE NOTE: Florida Statutes § 162.11, states that an appeal of this order shall be filed in circuit
court within thirty (30) days of this order's execution.
U.S. Postal Service'
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