1515 Ocean Boulevard Complaint Ltr 05.31.2006 •
.f�'�! L`J jjv� CITY OF ATLANTIC BEACH
d i -;� 800 SEMINOLE ROAD
S. ATLANTIC BEACH,FLORIDA 32233-5445
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SUNCOM: 852-5800
www.coab.us
May 31, 2006
Mr. & Mrs. Gerard Petroni
1879 Beach Ave
Atlantic Beach, FL 32233
Subject: Atlantic Beach City Code, Chapter 24, Section 24-17 Zoning and Subdivision
Regulations
Dear Mr. & Mrs. Petroni,
Duval County records identify you as the owner of the following property in the City of Atlantic
Beach, Florida:
Re: 1515 Ocean Blvd
A/k/a: 16-2S-29E Mandalay Lots 1, 2 Blk 63
RE# 171868-0000
This is to inform you that the City of Atlantic Beach has received several complaints concerning
your property at 1515 Ocean Blvd and that an investigation has been initiated by the Code
Enforcement Office. It has been reported that more then two unrelated persons are residing at this
address. This would be a direct violation of City Code, Chapter 24, Sec 24-17, which refers to
single-family dwellings as one occupied by a family. By definition, a family shall mean one or more
persons, related by blood, adoption or marriage, living and cooking together as a single
housekeeping unit, exclusive of household servants. A social unit of not more then two (2)
persons living and cooking together in a single housekeeping unit, though not related by
blood, adoption, or marriage, shall be deemed to constitute a family.
Should our investigation reveal a violation of City Code, you as the property owner will be held
responsible. Furthermore, you are reminded as a property owner of your responsibilities to the
community to maintain your property in good order, and that violations of City Code can result in
fines of up to $500.00 per day, per violation from the Code Enforcement Board
Should you have any questions or concerns involving this matter, you can contact me at (904) 247-
5855.
„00,(Arde./7
ALEXANDE J. SHERRER
Code Enforcement Officer
C: Public Safety Director
Sherrer, Alex
From: Doerr, Sonya
Sent: Monday, July 10, 2006 12:14 PM
To: Sherrer, Alex
Subject: 1515 Ocean Boulevard
Alex, I have looked into this one(and I apologize if I confused this property earlier with the Petroni's oceanfront property,
which is entitled to have a garage apartment.)
I can find nothing in the property files where anything was ever approved for 1515 Ocean to contain anything but a single
family residence (1959) with a garage addition (1977) and a pool (1972). There are various other permits that have been
issued over the years updating roofing, plumbing, electrical, but none of these are for the purpose of creating a second
dwelling unit, which would never have been permitted. The property is two lots, but it is developed as one property. All I
can conclude is that the previous owner built the garage then converted it to a dwelling unit himself. ...in other words, it is
an illegal dwelling unit, not some"grandfathered" use.
The garage can contain any of the below, but not a Dwelling Unit.
Garage,Private shall mean a detached residential Accessory Structure or a portion of the Principal Building used as a
work or hobby space, for recreation or leisure activities, or for the storage of motor vehicles and personal property
belonging to the occupants of the Principal Building. A Private Garage may contain sleeping quarters, electrical service
and plumbing, but shall not contain a Kitchen and shall not be converted to or used as a Dwelling Unit. No Home
Occupation shall be conducted with a Private Garage,unless approved in accordance with the provisions of Section
24-159. A carport shall be considered as a Private Garage. (See Section 24-151 (b)(1) iv.)
Guest House or Guest Quarters shall mean a Building or portion therein used only for intermittent and temporary
occupancy by a non-paying guest or family member of the occupant of the primary residence. A Guest House or Guest
Quarters shall not be converted to or used as a permanent Dwelling Unit, shall not be rented for any period of time and
shall not contain a Kitchen, but may contain a Kitchenette as defined herein.
Sonya Doerr,AICP
Community Development Director
800 Seminole Road
City of Atlantic Beach, Florida 32233
904 247-5826 Phone
904 247-5845 Fax
PLEASE NOTE: Florida has a very broad public records law. Your e-mail communications may be subject to public
disclosure.
1
July 18, 2006
Ms. Sonya Doerr
City of Atlantic Beach
Planning and Zoning
800 Seminole Rd.
Atlantic Beach, FL 32233
RE: Request for enforcement of the zoning ordinance(s)to prohibit the use of the
property located at 1515 Ocean Blvd. as a multi-unit rental dwelling in a single
family district.
Dear Ms. Doerr:
Sometime around the middle of May, a neighbor and I initiated a complaint through Code
Enforcement regarding a zoning violation pertaining to the illegal rental activity
occurring at 1515 Ocean Blvd. We spoke with Mr. Sherrer and informed him that the
property contained 2 separate rental units, and that we believed that the house had been
further partitioned to create a 3rd rental apartment. We advised Mr. Sherrer that there are
3 separate families,totaling 5 non-related individuals, living in the 3 apartments. Mr.
Sherrer's initial response was that no more than 2 non-related people could occupy the
property but he indicated that he would need to talk to zoning, and possibly other
departments,before any action could be taken. He indicated that he would follow up with
us once he obtained more information. Listed below is a chronology of the events that
have taken place so far, but before I elaborate, I do want to provide some additional facts
about the property and the situation.
The property is a ranch style home with a 2nd story element at the north end. There is no
garage. The 2nd story element is a 1 bedroom apartment with a full size, fully equipped
kitchen. A single female is living in the apartment with her boyfriend. The main house,
which also has a full size kitchen, is occupied by a single male. There is a 3rd apartment
under the 2nd story element which has a separate entrance on the north side of the home.
This unit is being rented to a single female and her male companion. I am not sure what •
type of cooking facilities this has but my neighbor is certain that it has cooking facilities.
The property was purchased last year(June 2005), and the owner does not reside in the
property. The previous owner owned the property for a long time (15-20 years). In the
three years that I lived next door to the previous owner,the apartment was never rented.
It was used occasionally by the owner's brother and his wife when they visited from
Maine. There are other neighbors that have lived here much longer than I who will
confirm that this apartment has never been a rental in the past. The new owner, after
purchasing the home,has begun renting the 2nd apartment and the 3rd unit. He has
essentially created a triplex in an area that is zoned for single family.
The chronology of the events that have occurred so far are as follows:
Mid May-A complain was initiated through Code Enforcement by myself and another
neighbor concerning the rental activity at this location. We were told by Mr. Sherrer that
he would do some investigation and follow up with us.
3rd week of May- I made a follow up call to Mr. Sherrer. He told me that he needed to
talk with you,that you were out of town until the end of the week, and that he would
contact me next week.
Last week of May-Mr. Sherrer contacted myself and the other neighbor. He informed us
that he had spoken with you and confirmed that this property was not a legal duplex. He
told us that he was going to send a certified letter to the owner requiring him to reduce
the number of occupants in the property to 2. He also told me there would be a$500 per
day fine if there was a continuing violation after the 30 day period.
July 10th-Approximately 6 weeks after the certified letter was sent, I made a follow up
call to Mr. Sherrer, and to my surprise, was told me that the 2nd apartment was a legal
apartment. This was surprising news to me because I thought that it had already been
determined that this property was not a legal apartment. I asked him who gave him that
information and he indicated that you had informed him of this. This sudden reversal of
opinion was unexpected, especially when he had indicated that you had previously
provided the opinion that it was not a legal duplex. I told him that I would contact you
directly, and I did. When I spoke to you about this matter,you indicated that you were
not sure about the specifics of the matter but that you would look into it and get back to
me. You never did follow up with me.
July 11th- I made a follow up call to Mr. Sherrer concerning some additional questions
that I had on this matter. He told me that he had spoken with you that morning and that
you had determined that this property was not a legal duplex, and that it had be created
illegally sometime in the past. He also stated that either you or he had spoken with the
owner about it that morning and that the owner told you that the tenants in the 2nd story
apartment were supposed to have moved out by the 4th of July,but there was a delay
getting into their rental. I was told that they would be out by the weekend of July 15th&
16th.
July 18- Letter sent to City officials requesting enforcement action.
As of today,the tenants have not vacated and there is no indication that they are planning
to leave. I question whether the tenants in the 3rd unit have been addressed with the
owner. Nearly 2 months have passed and there is absolutely no evidence that anyone is
.planning to leave. I do not receive any follow up from anyone at the City as to what is
going to be done. I am extremely frustrated with the lack of action or follow up on the
part of the City. I am beginning to believe that, for whatever reason,the City is looking
the other way. This is a serious breach of the zoning regulations and it needs to be
addressed.
At present,there are 5 non related individuals living in 3 separate units in this single
family house. There are 3 dogs, 9 puppies, and 2 cats. There are 5 cars and 1 motorcycle.
A 7-10 year old child has been seen jumping off of the roof into the swimming pool. My
wife witnessed this on one of the occasions and my wife immediately confronted the
party who was responsible for her care. The rental activity occurring next door is
adversely affecting my quality of life and that of other neighbors. We feel that we are
living next to a boarding house or commune. It is unimaginable that the owner, who is an
Atlantic Beach resident, would rent this property as if it was a boarding house, with a
complete disregard for the surrounding neighbors and the zoning regulations of the
community.
I do not know what has transpired since my July 11th conversation with Mr. Sherrer . Has
any addition written notice been sent? Does further notice need to be sent?Is the owner
being fined for the continuing violation?If not, why?When will the owner start incurring
fines?What is to be done to prohibit the rental of these units in the future?Can the owner
move into one unit and continue to rent the other?Is the City going to require the
kitchens in the 2"1 and 3rd apartments to be dismantled? As you can see,there are many
issues that need to be addressed. It is not just a matter of"reducing the number of renters
to 2".
Based upon my understanding of the situation, I would expect the following course of
action to be taken.
(1) In light of the fact that the owner has received written notice concerning the
breach of the zoning ordinance previously, I am not sure whether additional
notice(s) is required. If it is not required, I would expect the owner to be fined for
each day that the property is out of compliance; however, if additional notification
is required, I would send a FINAL NOTICE to the owner notifying them that they
are in violation of the zoning regulations on 3 counts,namely(1) That they are
renting an apartment that was created illegally in the past; and that they are
prohibited from renting this apartment(2)They have created a 3rd rental
apartment which is being rented illegally, and as such,they are prohibited from
renting this unit; and(3),there are more than 2 unrelated people living in the
house.
(2) I would require that the tenants living in the 2 illegal units to vacate immediately.
(3) I would require an immediate inspection of the property to assess the situation. I
would request that additional kitchens in the property be dismantled.
(4) I would advise the owner(who does not live in the property)that if he continues
to rent the main house that he is not permitted to use the illegal units or allow any
of the owners friends to use the other apartments. I think that dismantling the
Kitchens is required because future enforcement of this provision is almost
impossible if the other units remain intact.
(5) I would give the owner the shortest period of time allowed to correct this situation
since he was given notice over 2 months ago. I would begin imposing fines as
soon as possible if this property is not brought into compliance
The rental activity that is occurring next door is unacceptable. There are too many
people,too many vehicles,too many animals, and too many people coming and
going. The zoning regulations prohibit the way that this property is being rented, and
I fully expect the protections afforded to me, and my neighbors,under our zoning
ordinances to bring this property into compliance; furthermore, I fully expect the City
to vigorously and expeditiously enforce the zoning regulations with respect to this
matter.
In closing, I would request that you provide me with a written response to my
complaint, indicating what course of action that you intend to take and the time frame
that you anticipate it will take to bring the rental activity at this location into
compliance. I would appreciate status calls going forward regarding the progress of
your efforts.
Please let me know if there is any other action that I need to take at this point in order
to get enforcement action from the City.
Sincerely,
wk
Mark Jo son
175 15th Street
Atlantic Beach, FL 32233
904-242-8606
Mjohnson12@sprynet.com
Cc Mr. Jim Hanson
Mr. Alex Sheffer
j XV�Y�r� CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
'„), 800 SEMINOLE ROAD
{ ` SSS` ATLANTIC BEACH,FLORIDA 32233-5445
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J -t r- z FAX:(904)247-5845
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yr , 3
July 19, 2006
Mark Johnson
175 15th Street
Atlantic Beach, Florida 32233
Re: Complaint regarding 1515 Ocean Boulevard (Lot 1 and Lot 2, Block 63,
Mandalay subdivision)
Dear Mr. Johnson:
I have received your letter of complaint related to 1515 Ocean Boulevard. You have
stated in your letter that I have not previously followed-up with you. We have spoken
regarding this matter, and as I advised you at that time, this is a Code Enforcement issue,
which pursuant to City Code and Florida Statutes must be investigated in accordance
with procedures set forth in those regulations. I advised you that I would assist Mr.
Sherrer with researching information related to your complaint, which I have done, and I
know that he has spent considerable time looking into this matter. Code Enforcement,
however, has no legal authority to demand entrance to a residence in this situation, and
can legally enter the home only by invitation of the property owner.
Both Mr. Sherrer and I have also spoken at length to the property owner, Mr. Petroni,
who acknowledges that there is a second Dwelling Unit on the property within the
attached addition, which he believes has existed since about 1977 based upon information
provided to him by the previous owners. This would not be inconsistent with the City's
permit records. Building permits were issued for a "residence addition” in February of
1977. (I have enclosed copies of those permits.) Unlike today, interior floor plans were
not always required at that time, so it is impossible to verify whether the kitchen was
added as part of that addition or at a later time. Mr. Petroni stated that the second
dwelling unit existed as it now does when he purchased the property and when the
property was owned by the previous two owners. As I advised previously, to my
knowledge, this property has been zoned single-family since at least since 1982. I do not
have zoning maps prior to 1982, but it in not entirely uncommon to find such second
dwelling units in older houses in this area of the City, often created before the City was
incorporated and prior to zoning. .
Page two,Mr.Johnson
July 19,2006
Given that permits were issued by the City for this addition, although it is not entirely
clear exactly what was included in those permits, I need to consult with the City Attorney
to determine whether there exists a vested right to maintain the existing second dwelling
unit.
Mr. Sherrer and I spoke again today with Mr. Petroni, who informed us that he is out of
town until the middle of August. Mr. Petroni advised that he would open the home for
inspection by Mr. Sherrer when he returned, and that it his intent to resolve any issues in
accordance with City ordinances that may apply.
Finally, as you may be aware, this property contains two legal Lots of Record, which
could be redeveloped individually with each lot containing a new single-family residence.
Sincerely,
Q �azhh
Sonya B. Doerr,AICP
Community Development Director
Enclosures
cc: Alex Sherrer, Code Enforcement Officer
Jim Hanson, City Manager
Alan Jensen, City Attorney
•
July 20, 2006
Ms. Sonya Doerr
City of Atlantic Beach
Planning and Zoning
800 Seminole Rd.
Atlantic Beach, FL 32233
RE: Complain regarding 1515 Ocean Blvd.
Dear Ms. Doerr:
Thank you for your prompt response to my letter. For the record,the only conversation
that we have had was on July 10th,as stated in my letter. I have not spoken with you since
that date.
Your letter indicated that my complaint is a Code Enforcement issue. I contacted you
because Mr. Sherrer is clearly taking direction from you, and since I am in disagreement
with your position, I thought it would be appropriate to speak with you directly. Clearly,
Mr.Sherrer is not going to enforce a Code violation if you are telling him that there is no
violation:.
Your letter did not address 2 aspects of my complaint.My complaint concerns a single
family home that has a rental apartment and another unit which has been partitioned and
rented. It also involves the number of un-related parties (5) living in the property. This
aspect of the complaint continues to be ignored. It is clear from your letter that you are only
addressing the duplex status. Even a duplex would only allow a total of 4 un-related people.
I am certainly confused as to why the City keeps flip-flopping as to whether this is a legal
duplex. Initially, it was determined that it was not a legal duplex and a letter was sent to
the owner accordingly. On my follow up call of July 10th, I was told by Mr. Sherrer that it
was a legal duplex. On my call of July 11th to Mr. Sherrer,he indicated that you told him
that it was not a legal duplex;that you had spoken to the owner, and that the tenants in
the 2nd floor apartment would be vacating. Today,judging by the tone of your letter, it
appears that you are now defending the owner's right to rent the 211d apartment.
First and foremost, none of the permits you provided in your letter to me included a
permit for a kitchen or rental apartment. If someone was building a rental apartment there
would be some evidence in your file that would indicate this. In your letter to me,you
stated that Mr. Petroni believed that the 2nd rental unit"has existed since about 1977
based upon information provided to him by previous owners." You further state, "this
would not be inconsistent with the City's permit records."That is not true. It is
inconsistent with the City's permit records, as there is no permit for another apartment or
kitchen. The kitchen was not added in 1977. As I stated in my letter of complaint,the
previous owner, Mr. Billy Sprague,told me that he had added the kitchen during his
ownership of the property. He acquired the property in 1988. Apparently, it was done
without permits.Nevertheless, it was created after 1982,which is when the new zoning
was established. Mr. Sprague added the kitchen to create a mother-in-law suite. It was
never rented. There are 4 other neighbors who will confirm this fact.
If the City allows this owner to commence renting this property as a multi-family rental
when there is no history of previous rental and no evidence that the kitchen was
permitted,the City is granting a duplex use of the property without going through the
proper protocol. It would also be establishing a very dangerous precedent. Based upon
your position, it is possible for someone to purchase a home that was built prior to 1982,
install a kitchen without a permit, and begin renting that additional unit, claiming that has
existed in the past. Since Code Enforcement is unable to gain access to the property,
enforcement is impossible.
The more important point though is, if this property was converted to a duplex legally in
the past, and prior to 1982,the present owner has lost any vested right to its rental
according to Sec 24-85 (d), (3) of our ordinance (see page 42, a copy of which is included
with this letter)which addresses the discontinued or abandoned uses of non-conforming
uses); it states,
"Discontinuance of Nonconforming Uses. In the event that a Nonconforming Use of Land is
discontinued or abandoned for a period of six(6)months or longer,any subsequent Use of such
Land shall conform to the applicable Zoning District regulations as set forth within this Chapter
as well as applicable provisions of the Comprehensive Plan."
This property would clearly be a non-conforming use.This apartment has not been rented in the
time since I purchased the home next door in August 2003. Other neighbors,who have lived here
much longer than I,will sign an affidavit verifying that this apartment has never been rented.Any
vested right to rent this apartment was extinguished long before the present owner purchased the
property.
In addition,when the property was offered for sale,the MLS information made no representation
that this was a duplex or contained another rental apartment. The apartment was described as a
"mother-in-law"suite.The listing agent and seller understood that this apartment could not be
rented.
If Code Enforcement is not permitted to enter the property,perhaps the signed affidavit or
testimony of several neighbors would be sufficient to bring an action.I fmd it implausible that the
City is powerless to investigate and enforce the zoning codes.I do not understand why the City is
siding with this property owner when the evidence appears to be overwhelming that he is
violating the zoning ordinances. Your position seems to be that since there is a kitchen in this
property,that it must be a legal duplex,
In closing,I would like to comment on your point that you made in your letter indicating that this
property has 2 lots of record and that the owner has the right to build 2 single family homes. This
property is located within the targeted area for the new zoning ordinance that is under
consideration.I would anticipate that the owner would move quickly to get a building plan
submitted prior to the adoption of the new ordinance in order to"grandfather"the plan.I would
certainly expect that an expiration date be given for commencement of construction so that this,
or any property owner,can not circumvent the new ordinance indefinitely.As to your other point
about there being 2 separate building lots, I am under the impression that the common lot line
between the 2 plated lots was vacated when the existing home was built over it.I certainly intend
to do follow up research on this issue going forward and I will be monitoring the situation
closely.
In closing,I request that the 3rd rental unit be addressed,as well as the total number of individuals
residing at the property. With the City Attorney's involvement in this matter,I would hope that a
defmitive answer can be provided. I would also expect the other 2 unanswered aspects of the
complaint to be provided at that time as well.
Sincerely,
M
Mark Johnson
175 15th Street
Atlantic Beach, FL 32233
904-242-8606
Mj ohnson12@sprynet.com
Cc Mr. Jim Hanson, City Manager
Mr. Alex Sherrer, Code Enforcement Officer
Mr.Alan Jensen, City Attorney
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