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CE 17-285 1820 MAYPORT ROAD Case #17-285 Law Offices William E. Corley, III 3050 Tamaya Blvd., No. 105 Jacksonville, FL 32246 Tel. 904-451-0296 wcorleyiii@gmail.com Via Hand Delivery January 3, 2019 Code Enforcement Board City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Re: City of Atlantic Beach Code Enforcement v. Ossi Klotz LLC Case Nos. 17-285, 17-287, 17-288 Hearing Date: January 8, 2019 at 6:00 p.m. Dear Board Members: Enclosed please find my Objection to Constitutionally Defective Hearing Notice as to each of the three referenced cases set for hearing on January 8, 2019. As to Case Nos. 17-285 and 17-288,the roofs have been repaired, so those cases should be dismissed as moot at the hearing. As to Case No. 17-287,the property owner has elected the "board up and hold for future repairs" option to which it is entitled under the Atlantic Beach Code of Ordinances. Therefore, Case No. 17-287 should also be dismissed at the hearing. For your information,the roof on the building in Case No. 17-287 cannot yet be repaired due to a supply chain problem with the materials. As a matter of cooperation and compromise, we are prepared to offer at the hearing a settlement of Case No. 17-287 as follows: if the Board will defer Case No. 17-287 to the March hearing date, we will undertake to have the roof on that building repaired by the end of February 2019. I look forward to seeing you all at the hearing on January 8, 2019 at 6:00 p.m. Thank you for your attention to this matter. Very truly yours, zatie.;„.. e William E. Corley, III Enclosures (as noted) BEFORE THE CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA Case No. 17-285 Code Enforcement Department of the City of Atlantic Beach,Florida 800 Seminole Road. Atlantic Beach,FL 32233 v. OSSI KLOTZ LLC, Respondent P.O. Box 330833 Atlantic Beach, FL 32233 Property Address: 1820 Mayport Road Atlantic Beach, Florida • OBJECTION TO CONSTITUTIONALLY DEFICIENT HEARING NOTICE AND NOTICE THAT REPAIRS HAVE BEEN COMPLETED Respondent OSSI KLOTZ LLC, by and through its undersigned attorney, gives notice of the following: OBJECTION TO CONSTITUTIONALLY DEFICIENT HEARING NOTICE 1. Respondent received via U.S. Mail a Notice of Hearing in Case No. 17-285, dated November 29, 2018 for a hearing set for 6:00 p.m. on January 8, 2019 (the "Notice of Hearing"). A duplicate of the Notice of Hearing, but dated December 28, 2018, was posted on the subject property on or about January 2, 2019. A copy of the Notice of Hearing is attached as Exhibit A hereto. The Notice of Hearing states the following: IPMC 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. 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. 2. The Notice of Hearing is constitutionally deficient for two reasons: first, because it fails to include "the sworn statement of the code inspector setting forth the nature of the violation and reference to the appropriate code or ordinance"(emphasis added)required by Sec. 2-147(b)(2) of the Code of Ordinances; and second, because it fails to cite correctly and completely the controlling Ordinance of the City of Atlantic Beach. 3. The failure of the Notice of Hearing is constitutionally deficient because it failed to include the required sworn statement of the code inspector "setting forth the nature of the violation." In fact, the Notice of Hearing does not state the nature of the alleged violation at all. It merely cites to Sec. 304.7 of the IPMC,without stating at all what the alleged facts are regarding the condition of the property in question. Further, the Notice of Hearing neither is made under oath and notarized, nor does it contain a statement that the statements made in the Notice of Hearing are made under the penalties for perjury. Therefore, as a matter of law, the Notice of Hearing fails to comply with "sworn statement" requirement of Sec. 2-147(b)(2) of the Code of Ordinances, and must be struck down as a nullity. 4. On separate grounds, the Notice of Hearing is constitutionally deficient because it fails to recite correctly and completely the controlling Ordinance of the City of Atlantic Beach. By Ordinance No.6-120,Code of Ordinances,the City of Atlantic Beach adopted the International Property Management Code("IPMC"). 5. Section 110.1 of the IPMC,as adopted by the City of Atlantic Beach, states: 2 The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure, which in the code official's or owner's authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous,unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs,to repair and make safe and sanitary,or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than six months,the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official. (Emphasis added). 6. The failure of the Notice of Hearing to include Section 110.1 of the IPMC makes the Notice of Hearing constitutionally deficient because it fails to give Respondent notice of its option to elect to board up the subject property and to hold it for future repairs. That failure to give that notice violates the Due Process Clause of Art. I, Sec. 9 of the Florida Constitution, and the Due Process Clause of the Fourteenth Amendment to the United State Constitution. 7. That failure to give that notice is material, because the Notice of Hearing creates the false impression that the Respondent's only course of action is to make the specified repairs. As a practical matter, that option can be difficult or impossible to perform under circumstances when access to roofing companies is limited by excessive demand, or when making repairs is impractical due to the attendant expense. 8. As a matter of law,Respondent has the option to not make the repairs,but to instead board the building in compliance with the IPMC, and hold the building for future repairs. 9. In this case, Respondent has elected to repair the roof in question. However, that does not operate as waiver of Respondent's right to a constitutionally sufficient notice of hearing, or of its right to elect the board up and hold for future repairs option. 3 NOTICE THAT SPECIFIED REPAIRS HAVE BEEN COMPLETED 10. Respondent hereby gives notice that the roof repairs alluded to in the Notice of Hearing for Case No. 17-285 have been completed. WHEREFORE, Respondent OSSI KLOTZ LLC requests that the Code Enforcement Board either (a) dismiss Case No. 17-285 for lack of constitutionally sufficient notice, or (b) dismiss Case No. 17-285 as moot. Dated: January 3, 2019 dr# Ard'14110 William E. Corley, III, Esquire Florida Bar No. 0363979 Attorney for OSSI KLOTZ LLC 3050 Tamaya Blvd.,No. 105 Jacksonville,FL 32246 Tel. 904-451-0296 E-mail: wcorleyiii@gmail.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that true copies of the foregoing were furnished to: the Code Enforcement Board of The City of Atlantic Beach, Florida, 800 Seminole Road, Atlantic Beach, FL 32233;and to Angela Irizarry,Code Enforcement Office,City of Atlantic Beach,Florida, 800 Seminole Road, Atlantic Beach,FL 32233 by hand delivery this day of January, 2019. William E. Corley,III / 4 EXHIBIT A-NOTICE OF HEARING Page 1.of 2 yL�rJ�� CODE ENFORCEMENT BOARD =� ' _ ' s f CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING rw. , 11/29/2018 ` Case Number: 17-285 OSSI KLOTZ LLC Certified Mail Return Receipt: PO BOX 330833 70171000000069910940 ATLANTIC BEACH, FL 32233 Property Address: 1820 MAYPORT RD 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 January 8, 2019 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 1820 MAYPORT RD, RE#172075 0100, 17-2S-29E .26 PT GOVT LOT 3 RECD O/R 12109-1007 BEING PARCEL. International Property Maintenance Code/City Code of Ordinances IPMC 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. The Code-Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904) 247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire toi have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. Page 2 of 2 ATTEST: Lori Diaz,Records Cler de Angela ' , Code Enfo ent 1d!aoaa=pH oilsawoa £906-000-ZO-O£SL NSd S LOZ Alnr'(.l8E wand Sd ' tian! (oog$eano) ' 1a0 palo!�lsaa luanpap paloulsaa Don painsu!0 0 fi 6 0 T 6 6 9 L uogew.,guop anleu6!S❑ pen PeJnsu!0 0000 r� J O wiuogewiguop oinleu6!S 0 tiangaa paloulsaa tianpao uo loapop p (my./=,,,,,,,o.u,— - L es!pueyoJayl Aen!!ea uo loa o r• „__�_..,,_- ao;ld!aoou wield❑ /Gan! polio°El roo paloulsaa MAI Pa!1!ua'J❑ tianpad ®POI pagg-190❑ L0 81-50 V602. L66 e0176 0696 paloulsaa Lew paJals!6aa p ,Genpad paloulsaa eireue6!S 1InPV 0 pulTIN ®ssaid3 PIN Alco n.I d 0 edAL OOSilnIN aS 0 III 11111 III 11 1 11 1111it III I 11 I 2 >_. 1 —it...Q-7A ON ❑ :moleq ssaappe tiangap aalua's31;I sal 0 1 I.wa1!Waal luaaag!p sseippe/Gan!lap sI •0 :01 passaappy e!o!lay •l •sllwaad coeds 1!wail ay;uo ao /GangaQ to algia •0 (eweN paluud) (q pan!eoeu •e 'aoaidliew NI lo>loeq°4101 paeo s!41 4oefV ■ aassaappy❑ *nog(o1 paeo a41=la:ueo am;NI os ;ue6y❑ X asaanaa ey;uo ssaappe pue°WELL.lnoA luud • aanleu6!S y 'E pUe'Z'L swell eleldwo3 • ' A1:13/117_30 NO NO/1035 S/Hl 3137dW00 N011035 S/Hl 3137d/N00 :H3aN3S , i111j1.1'11%/:U ��L''°'',y NEOPOST F,,STcLAss MA'i r City of Atlantic Beach .� 800 Seminole Road 11/29/2018 .+, rr,,-� US POSTAGE$0V6.67- - ...g`„ Atlantic Beach, Florida 32233 ZIP 32233 7017 1000 0000 6991 k:11:4r..... 041M11299654 - I 7rt9 ^ 6 d I /Yv V ,.....______,_ sK 11/29/2018 Case Number: 17-2 WI.X1'E 't L D` 1 1000C/01a/ 19 OSSI KLOTZ LLC Cert x E 7L P ry 7 s=N U=R PO BOX 330833 7017 • I. =- E E. ATLANTIC BEACH, FL 32233 V' ..w Y v "� "� i •4,* LIN r BC: 32233546199 *3038-15734-299- 41 -.....---•:a•Z•**;15461 iiiif"iiiii'i i Iii i1Iili,iii/iilifj,injijiiiii,jijqlii,{ifiili CODE ENFORCEMENT VIOLATION ACTION TRACKIN ASE #: 0 FIRST INSPECTION: 14 !iv I t7 ACTION: ❑ NOV REG NOVi( CERT ❑ NOV POST / SECOND INSPECTION: ACTION: ❑ NOV REG ❑ NOV CERT ❑ NOV POST THIRD INSPECTION: ACTION: ❑ NOV REG ❑ NOV CERT ❑ NOV POST PROPERTY ADDRESS OF VIOLATION: /PZv ,47 PROPERTY OWNER: ,e I eto t Z SEND LETTER(S)TO: (Please check('I) and explain all that apply) OFFICER: Deborah White PROPERTY OWNER AT: 0 ADDRESS (ABOVE) DIFFERENT MAILING ADDRESS AS FOLLOWS: 17)0 x 33033 ( -z33 ❑ TENANT(NAME) AT THE FOLLOWING ADDRESS: VIOLATION(S): (Please check (. and explain all that apply) IPMC: SECTION(S) 7/--049(-1"5 ❑ AB CODE: SECTION(S) ❑ SAME AS ATTACHED NOTICE OF VIOLATION DATED: REMEDY FOR COMPLIANCE: Refoci,t. dtti ,19-6- ; 9i- 1 ❑ REMOVE BOAT,CAMPER,TRAILER,JET SKI'S STORED IN YARD/RIGHT OF WAY ❑ CEASE STORING BOAT, CAMPER,TRAILER,JET SKI'S STORED IN YARD/RIGHT OF WAY ❑ REMOVE ROTTING/COLLAPSING FENCE ❑ REMOVE DISCARDED HOUSEHOLD ITEMS STORED IN YARD ❑ REMOVE INOPERABLE/UNLICENSED VEHICLE(S) STORED IN YARD/RIGHT OF WAY ❑ MOWING THE YARD/VACANT LOT ❑ 5 DAYS .Pl it DAYS SPECIAL INSTRUCTIONS: . 0 ❑ Mail copy of Notice to: ❑ Other: r�' ,, CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 ttj PHONE (904)247-5800 f CERTIFIED MAIL RETURN RECEIPT REQUESTED 70131710000216913439 12/5/2017 OSSI KLOTZ LLC PO BOX 330833 ATLANTIC BEACH, FL 32233 Real Estate Number: 172075 0100 Case Number: 17-285 Location of Violation: 1820 MAYPORT ROAD, 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) IPMC 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. This letter requests that the noted violation(s) be corrected by repairing and/or replacing roof and all rotted fascia or soffit 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 Property Appraiser-Property Details Page 1 of 2 OSSI KLOTZ LLC Primary Site Address Official Record Book/Page MI PO BOX 330833 1820 MAYPORT RD 06980-00157 9417 ATLANTIC BEACH,FL 32233 Atlantic Beach FL 32233 1820 MAYPORT RD Property Detail Value Summary RE# 172075-0100 _____ ___ __ _2017 Certified_2018 In Proaress_ Tax District USD3 _ Value Method CAMA CAMA - --- — -- - --- Total Building Value $77,398.00 $71,334.00 Property Use 2792 Service Garage/Vehide RP f #of Buildings 2 Extra Feature Value $8,754.00 $8,754.00 — -- Land Value(Market) $63,250.00 $63,250.00 Legal Desc For full legal description see — Land&Legal section below Land Value(Aaric.) $0.00 $0.00 Subdivision 00000 SECTION LAND Just(Market)Value $149,402.00 $143,338.00 Total Area 10682 Assessed Value $149,402.00 $143,338.00 The sale of this property may result in higher property taxes.For more information go Cap Diff/Portabiility Amt $0.00/$0.00 $0.00/$0.00 to Save Our Homes and our Property Tax Estimator.'In Progress'property values, m Exeutkxrs $0.00 See below exemptions and other supporting information on this page are part of the working tax roll and are subject to change.Certified values listed in the Value Summary are those Taxable Value $149,402.00 See below certified in October,but may indude any official changes made after certification Learn how the Property Appraiser's Office values property, Taxable Values and Exemptions—In Progress If there are no exemptions applicable to a taxing authority,the Taxable Value is the same as the Assessed Value listed above in the Value Summary box. County/Municipal Taxable Value SJRWMD/FIND Taxable Value School Taxable Value No applicable exemptions No applicable exemptions No applicable exemptions Sales History IBook/PageI Sale Date I Sale Price I Deed Instrument Type Code Oualified/Unaualified I Vacant/Improved 06980 00157 If 9/28/1990 $275,000.00 I SW Special Warranty Unqualified I Vacant 09849-01630 111/29/2000 I $485,000.00 I WD-Warranty Deed Unqualified Improved 111606-01927 11/26/2004 I $485,000.00 I WD-Warranty Deed I Unqualified I Improved 112109-01007 110/5/2004 I $550,000.00 I WD-Warranty Deed I Unqualified I Improved 4. Extra Features LN —Feature Code 1 Feature Description I Bldg. Length LeI Width Total Units !Value 1 MZWC6 I Mezzanine Wood 11 0 0 1260.00 I$1,628.00 1 2 WMCC1 I Wall Masonry/Concrt 11 0 10 160.00 I$122.00 13 PVCC1 Paving Concrete 11 0 10 15,692.00 I$7,004.00 Land&Legal J Land Le.-I ILN I Ode I Use Description 1 Zoning I Front I Depth I Category I Land Units I Land Type I Land Value LN Legal Description 1 1 11000 I COMMERCIAL I ACG 10.00 10.00 I Common 11,500.00 I Square Footage)$63,250.00 1 17-2S-29E.26 2 PT GOVT LOT 3 RECD 0/R 12109- 1007 3 I BEING PARCEL 3 Buildings Building 1 Building 1 Site Address Element Code I Detail 1820 MAYPORT RD Unit Atlantic Beach FL 32233 I Exterior Wall 115 15 Concrete Blk IRoof Struct 4 14 Wood Truss Building Type 2702-SERV GAR/VEH RP I Roofing Cover 3 13 Asph/Comp Shng 1_—R Year Built 1956 I Interior Wall 1 I 1 Masonry Min . 6A5 i Building Value $33,034.00 I Int Flooring 3 13 Concrete Fin Heating Fuel 1 I 1 None Gross Heated Effective I Heating Type 1 1 None lin Area Area Area IAir Cond 1 1 None Base 3450 3450 3450 I Comm Htg&AC 0 0 None Area Total 3450 3450 3450 I Comm Frame 4 4 D-Wood Frame I I I I http://apps.coj.net/pao_propertySearchBasic/Detail.aspx?RE=1720750100 12/4/2017 r), CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING ,„ 6/28/2018 Case Number: 17-285 OSSI KLOTZ LLC POSTED ON PROPERTY AND PO BOX 330833 ATLANTIC BEACH CITY HALL ATLANTIC BEACH, FL 32233 Property Address: 1820 MAYPORT RD 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 1820 MAYPORT RD, RE#172075 0100, 17-2S-29E.26 PT GOVT LOT 3 RECD O/R 12109-1007 BEING PARCEL. International Property Maintenance Code/City Code of Ordinances IPMC 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. 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: 4Yt 42.4€ (116)112_, / C Donna L.Bartle,City Clerk Deborah White,Code Enforcement , rs,=-';'fo• 1 :,j CODE ENFORCEMENT BOARD ,_,s,, CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 5/31/2018 Case Number: 17-285 OSSI KLOTZ LLC Certified Mail Return Receipt: P.O.BOX 330833 70131710000216914290 ATLANTIC BEACH,FL 32233 Property Address: 1820 MAYPORT ROAD 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 1820 MAYPORT ROAD, RE#172075-0100, 17-2S-29E .26 PT GOVT LOT 3 RECD O/R 12109-1007 BEING PARCEL 3. International Property Maintenance Code/City Code of Ordinances IPMC 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. 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: Pi' 1 , /iiiiii4,4_5 4:_a_..,,y/41„,a 40 Donna L.Bartle, City Clerk Deborah White,Code Enforcement • j rL''rjr CITY OF ATLANTIC BEACH �� 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 ..� •„...,,...), .., :r PHONE (904) 247-5800 POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 17-285 Pursuant to Chapter 162, Florida Statutes and Sec. 2-147, City of Atlantic Beach City Code of Ordinances, I, Deborah White, 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: V (1) Date Posted: Z� 6 1 Location: 1820 MAYPORT RD, Atlantic Beach, Florida (2) Date Posted: ZY/7L Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 .. / --/4,1t.,- Deborah White, Code Enforcement County of Duval State of Florida The foregoing Affidavit was acknowledged before me this day of 201V , by Deborah White,who is personall own to me as Code Enf went for the City of Atlantic Beach. Person taking acknowledgement: (Notary Stamp/Seal) ��-- °V-- !-- Notary Public, ate of F ri a VP"• TONI GINDLESPERGER MY COMMISSION#FF 924951 4 EXPIRES.October S,,,2019 r. - �s y>,,pJo- rJ J' CITY OF ATLANTIC BEACH S'1 800 SEMINOLE ROAD � 4 r-, , !:} %r/ ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 r4,J;31>� AFFIDAVIT OF NONCOMPLIANCE I, Deborah White, Code Enforcement Officer for the City of Atlantic Beach Code Enforcement Division, verify that the property referenced below was inspected on 7/2/2018 and property remains in violation: CASE NUMBER: 17-285 PROPERTY ADDRESS: 1820 MAYPORT RD REAL ESTATE NUMBER: 172075 0100 17-2S-29E .26 PT GOVT LOT 3 RECD O/R 12109-1007 BEING PARCEL OWNER OF RECORD WHOSE NAME AND MAILING ADDRESS IS: OSSI KLOTZ LLC PO BOX 330833 ATLANTIC BEACH, FL 32233 covii. ....,‘ i//240 I 'i' l Date Signature COUNTY OF DUVAL STATE OF FLORIDA I, .---P11\11 P • !d qrk eG.t L , a Notary Public of the County and State aforesaid, hereby ceftify 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. I Witness my hand and official seal this the Q,n- day of , o20 / . kO53IAY COMMISSION X GG 227fi . � EXP •��;;;t,*: sadeamti yp„ericuneanvrilefs .. Nota ublic,State of Florida CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH, FLORIDA, Petitioner vs. OSSI KLOTZ LLC, Respondent First Class and Certified Mail Return Receipt PO BOX 330833 Requested: 70170660000038566832 ATLANTIC BEACH, FL 32233 Property Address: 1820 MAYPORT RD ATLANTIC BEACH,FL Case Number: 17-285 Real Estate Number: 172075 0100 Legal Description: 17-2S-29E .26 PT GOVT LOT 3 RECD O/R 12109-1007 BEING PARCEL 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 1820 MAYPORT RD,Atlantic Beach, Florida. 2. That notice was sent by Certified Mailing and that Respondent was present at the hearing. William Corley, Esquire, represented Ossi Klotz 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 finds Respondent in violation and allows 90 days to achieve compliance. Failure to comply will result in a $250.00 per day fine for the first day and $250.00 every day thereafter the violation continues to exist. CONCLUSIONS OF LAW THAT the Respondent is NOT IN COMPLIANCE and has failed to correct such violation as of this hearing date. 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: THAT the Respondent is found in violation for non-compliance and must obtain compliance on or before October 10, 2018. Failure to comply will result in fines of$250.00 for the first day and $250.00 for every day thereafter while the violation continues to exist. In addition, any fine shall 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 a lien being placed against the property at 1820 MAYPORT RD 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. DONE AND ORDERED THIS July 10, 2018. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD ATTEST: 40-fro44 %ixtinzte:_, . � Donna L. Bartle, City Clerk By: Louis Keith,Vice Chairman Executed this A44- day of aiti , 20 r`'. 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. Page 1 of 2 , 'S LAi'j'iel CODE ENFORCEMENT BOARD J s ' " f s) CITY OF ATLANTIC BEACH, FLORIDA _' - ,J` S ti } NOTICE OF HEARING '444 wii9 10/18/2018 Case Number: 17-285 OSSI KLOTZ LLC Certified Mail Return Receipt: PO BOX 330833 70171000000069910643 ATLANTIC BEACH, FL 32233 Property Address: 1820 MAYPORT RD 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 November 28, 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 1820 MAYPORT RD, RE#172075 0100, 17-2S-29E .26 PT GOVT LOT 3 RECD O/R 12109-1007 BEING PARCEL. International Property Maintenance Code/City Code of Ordinances IPMC 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. 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. Page 2 of 2 ATTEST: 4.„,,,,L , • 1, • Donna L. Bartle, City Clerk Angela •. , Code Enf!4 ent • Page 1 of 2 S f'Ly1' �- r4� CODE ENFORCEMENT BOARD "` S CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 11/29/2018 Case Number: 17-285 OSSI KLOTZ LLC Certified Mail Return Receipt: PO BOX 330833 70171000000069910940 ATLANTIC BEACH, FL 32233 Property Address: 1820 MAYPORT RD 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 January 8, 2019 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 1820 MAYPORT RD, RE#172075 0100, 17-2S-29E .26 PT GOVT LOT 3 RECD 0/R 12109-1007 BEING PARCEL. International Property Maintenance Code/City Code of Ordinances IPMC 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. 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. Page 2 of 2 ATTEST: i 0/ ' Giy\ Lori Diaz, Records Cler Angela , Code Enfo"41 ent Page 1 of 2 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH, FLORIDA, Petitioner vs. OSSI KLOTZ LLC, Respondent First Class and Certified Mail Return Receipt PO BOX 330833 Requested: 70171000000069911039 ATLANTIC BEACH, FL 32233 Property Address: 1820 MAYPORT RD ATLANTIC BEACH, FL Case Number: 17-285 Real Estate Number: 172075 0100 Legal Description: 17-2S-29E .26 PT GOVT LOT 3 RECD 0/R 12109-1007 BEING PARCEL ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on November 28, 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 1820 MAYPORT RD,Atlantic Beach, Florida. 2. That notice was sent by Certified Mailing and that Respondent was represented byWilliam Corley, Attorney. 3. That notification of the violations of the City of Atlantic Beach, was made and served on the Respondent as evidenced in this hearing. 4. That by Order dated July 10, 2018, the Respondent was found in violation of IPMC 304.7 and allowed until August 2, 2018 to comply by obtaining the services of a licensed roofing contractor to obtain a permit and an approved final inspection of the roof Failure to comply by August 2, 2018 would result in a $250.00 per day fine for the first day and $250.00 every day thereafter until full compliance was achieved. 5. That Respondent was not in compliance as of November 28, 2018. 6. That due to a shortage of roofing workers, the Respondent will be allowed until January 8, 2019 to come into compliance. Failure to comply will result in a $250.00 per day fine for the first day and $250.00 every day thereafter the violation continues to exist. CONCLUSIONS OF LAW THAT the Respondent is NOT IN COMPLIANCE and has failed to correct such violation as of November 28, 2018. Page 2 of 2 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: THAT the Respondent is found in violation for non-compliance and must obtain compliance on or before January 8, 2019. Failure to comply will result in fines of$250.00 for the first day and $250.00 for every day thereafter while the violation continues to exist. In addition, any fine shall 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 a lien being placed against the property at 1820 MAYPORT RD 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. DONE AND ORDERED THIS November 28, 2018. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ATTEST: AT& -• .e26 ori Diaz, Records Piga By: Benjarn de Luna, Chairman Executed this /2 day of December , 2018. 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. �!.�Ly j?J� CODE ENFORCEMENT BOARD z iii S CITY OF ATLANTIC BEACH, FLORIDA ra J'# ti NOTICE OF HEARING 12/28/2018 Case Number: 17-285 OSSI KLOTZ LLC POSTED ON PROPERTY AND PO BOX 330833 ATLANTIC BEACH CITY HALL ATLANTIC BEACH, FL 32233 Property Address: 1820 MAYPORT RD 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 January 8th, 2019 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 1820 MAYPORT RD, RE#172075 0100, 17-2S-29E .26 PT GOVT LOT 3 RECD O/R 12109-1007 BEING PARCEL. International Property Maintenance Code/City Code of Ordinances IPMC 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. 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: eltA ' . o , Cj)-N -Ns....0 Lori Diaz, Records Clerk Angela Irizarry, Code Enforce ' iuprir, CITY OF ATLANTIC BEACH Ili 800 SEMINOLE ROAD _ s) ATLANTIC BEACH, FL 32233 PHONE (904)247-5800 POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 17-285 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: V(1) Date Posted: ,r --a-- Location: 1820 MAYPORT RD, Atlantic Beach, Florida (2) Date Posted: a--`a-c . \ V Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 Angela Irizar 4Code Enforcement ' . County of Duval State of Florida The foregoing Affidavit was acknowledged before me this2CD day of.. QQ o ,h, : r 20 \"2_,, 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) I U (1 4 N 1 tary Public, State oiliO'r rida .,;*.t , LORI DIAZ 1;;;7. • lAY CWAMISSION I GG 2'76336 j. .. :IN- EXPIRES:November 13,2022 t' i tl, Boded Thu Notary Public Underoller+ CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH, FLORIDA, Petitioner vs. OSSI KLOTZ LLC, Respondent PO BOX 330833 Property Address: 1820 MAYPORT RD ATLANTIC BEACH, FL 32233 ATLANTIC BEACH, FL Case Number: 17-285 Real Estate Number: 172075 0100 Legal Description: 17-2S-29E .26 PT GOVT LOT 3 RECD O/R 12109-1007 BEING PARCEL 3 THIS CAUSE came for public hearing before the Code Enforcement Board on January 8, 2019, 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 1820 MAYPORT RD,Atlantic Beach, Florida. 2. That notice was sent by Posting and that Respondent was represented by William Corley, attorney. 3. That notification of the violations of the City of Atlantic Beach, was made and served on the Respondent as evidenced in this hearing. 4. That by Order dated July 10, 2018, the Respondent was found in violation of IPMC 304.7 and allowed until August 2, 2018 to comply by obtaining the services of a licensed roofing contractor to obtain a permit and an approved final inspection of the roof. Failure to comply by August 2, 2018 would result in a$250.00 per day fine for the first day and $250.00 every day thereafter until full compliance was achieved. 5. That Respondent was not in compliance as of November 28, 2018. 6. That due to a shortage of roofing workers,the Respondent was allowed until January 8, 2019 to come into compliance. Failure to comply would result in a$250.00 per day fine for the first day and $250.00 every day thereafter the violation continues to exist. 7. That Respondent is in compliance. CONCLUSIONS OF LAW THAT Respondent is in compliance. Page 1 of 2 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: That Respondent is in compliance. DONE AND ORDERED THIS January 8, 2019. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ATTEST: (C/N / _Le ,Le__ o iaz, Records Cl By: Benj ' de Luna, Chairman Executed this /,• day of January , 2019. 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. Page 2 of 2 • . ;.. i". w. ENDER: COMPLETE THIS SECTION K• • a • • • • • Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse X //f ❑Agent so that we can return the card to you. 0 Addressee • Attach this card to the back of the mailpiece, B. Received •y(Printed Name C. Date of Delivers or on the front if space permits. IIIPJ K/ rC 1. Article Addressed to: D. 1: / •. _ ' t f i [8:ifetil ES,enter delivery address below: 0 No LL \-1 -Zoe NS 0-\---- 3. N V I I I III 111111111 '11 I II II I I ❑Adult u �� rit Restrict(rP 9590 9402 2997 7094 0520 44 0 Certified Mail® Delivery 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise . .. . .. T . . . . ., n collect on Delivery Restricted Delivery 0 Signature ConfirmationT' 7 017 1000 0000 6991 0643 isured Mail 0 Signature Confirmation isured Mail Restricted Delivery Restricted Delivery I (over$500) DS Fnrm 3811 .hdv 2M.ri PSN 75gn-n2-nnn-Qn5.'t Ilnmactir Return Rereint ENDER: COMPLETE THIS SECTION •r• . .a . - ■ Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse X 0 'gent so that we can return the card to you. ddressef • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. i f9 r or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? If YES,enter delivery address below:' 0 o e_J/66 0 VIII I'I1111 III 1111111111111111 3. Service Type El Adult Signature 0 Priority Mail Express® 0 Registered Mail•' ❑Adult Signature Restricted Delivery 0 Registered Mail Restrict( 9590 9402 3831 8032 5666 63 ❑Certified Mail® Delivery 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 2. 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Service Type 0 Priority Mail Express® ❑Adult Signature 0 Registered Mail.. ❑Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 2997 7094 0516 27 0 Certified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for 17 Collect on Delivery Merchandise - - .. n 1-,-,11,,,f..n Delivery Restricted Delivery 0 Signature Confirmation". 7 017 1000 0000 6991 1039 lail 0 Signature Confirmation fail Restricted Delivery Restricted Delivery I foyer aou0) PC Fnrm 1R1 .h d,9ni F DON 7czn_r»_nnn_ongz n-,.,,oe+i,-Dcfi Irn Rnnninf 114OI11 3N1013d013AN3 d0 d011V I1])I3LLS 33111d SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ' • Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse X 0 Agent so that we can return the card to you. 0 Addressee • Attach this card to the back of the mailpiece, B. Recerbr_n e 'a e • livery or on the front if space permits. '1eiJ r , 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No )LL GTZ- i7 - JUL 1 2 2018 28.5 WoH p ., ^ nartment 111 111111 111111 1111 I II 111 111 I 111 111 3. Servicflt p6 , ,,,_,. de.,,. , 7 i ix. e ❑Adult Signature' ❑Registered Mail", ❑Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 2805 7069 3561 77 0 Certified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise 2, Artirla NI imhar?ranefer from carvira lahall ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationT"' 7 013 1710 .0002 16 91 4290 ❑Signature Confirmation Restricted Delivery Restricted Delivery o. .W 1 ° PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt CORLEY LAW OFFICES, LLC 645 MAYPORT ROAD, SUITE 5 ATLANTIC BEACH, FL 32233 TEL. 904-451-0296 WCORLEYIII@GMAIL.COM July 2,2019 Via E-mail to: darlington(a,coab.us; alrizarry@coab.us Dan Arlington,Building Official Angela Irizarry,Code Enforcement Officer City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Re: Hearing Before Code Enforcement Special Magistrate—July 11, 2019 @ 2:00 p.m. Confirmation that all outstanding Code Violations have been cured Dear Mr. Arlington and Ms. Irizarry: The following cases are set for hearing on July 11,2019 at 2:00 p.m.before the Code Enforcement Special Magistrate: 1. Case No. 17-285: 1820 Mayport Road. This building has roof repair needs and other issues. The owner agreed to resolve this case by boarding up this building. The boarding up has been successfully accomplished, and this building is now in compliance. Accordingly, Case No. 17-285 should be closed by the Special Magistrate. 2. Case No. 17-286: 1830 Mayport Road. This case was resolved by the owner agreeing to demolish the building. The demolition has in fact been successfully completed, as you both personally witnessed. This property is now therefore in compliance. Accordingly, Case No. 17- 286 should be closed by the Special Magistrate. 3. Case No. 17-287: 1850 Mayport Road. This building was boarded up, and was found in compliance by the Code Enforcement Board's Order of March 12,2019 in Case No. 18-064,which found that the building "now in compliance as long as the building remains boarded." To the extent that Case No. 17-287 is construed to still be open,that case has been resolved by the repair of the roof and the inspection by the City of Atlantic Beach accepting the roof repairs as complete. Accordingly Case No. 17-287 should be closed by the Special Magistrate. 4. Case No. 18-073: 1844 Mayport Road. The issue with this building was the need for a firewall if multiple tenants occupied the building. That issue has been cured. After consultation with the City of Atlantic Beach,the owner agreed: (a)that there shall be only one tenant(FishJax) in the building; (b) that the power cable to the other spaces shall be physically cut; (c) that the electric meter to FishJax may remain in operation; and (d) that the "house" electric meter may remain in operation because it powers the outside security lights. All four of these conditions have now been met. Accordingly, Case No. 18-073 should be closed by the Special Magistrate. Dan Arlington Angela Irizarry City of Atlantic Beach July 2, 2019 Page Two This letter confirms that all of the above properties are now in compliance, and there are no issues left to be heard on July 11, 2019 before the Special Magistrate. If there are any other issues with any of the above properties which you plan to present to the Special Magistrate on July 11,2019,please advise me immediately. Otherwise I will look forward to a brief appearance before the Special Magistrate at which we will agree that the above four cases should be closed. Thank you for all your time and attention in this matter. Regards, Cc: Code Enforcement Special Magistrate, City of Atlantic Beach, FL (via U.S. Mail) Shane Corbin, Director of Planning and Community Development(Via E-mail) Jeff Klotz, Managing Member of Ossi Klotz,LLC (Via E-mail).