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1996 CEB Misc. Documents,frees �� March 7, 1996 Wayne V. Weinaug 845 Amberjack Lane Atlantic Beach, FL 32233 Dear Mr. Weinaug: 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAN (904) 247-5805 Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida.- Re: lorida: Re: 845 Amberjack Lane a/k/a Lot 28, Block 4, Royal Palm #1 RE#171182-0000 Investigation of this property discloses that I have found and determined that you are in violation of City of Atlantic Beach Ordinance Chapter 12, Section 12-1-7 - Outside storage of building material, furniture, 5 -gallon buckets, plumbing fixtures, weight lifting equipment, Chapter 24, Section 24-65, Building permit required for enclosed garage or carport. You are hereby notified that unless the condition above described is remedied within ten (10) days from the date of your receipt hereof, this case will be turned over to the Code Enforcement Board. Under Florida Statute 162.09, the Code Enforcement Board may impose fines of up to $250.00 per day for a first violation and $500.00 per day for a repeat violation. Sincerely, Karl W. Grune Id Code Enforcement Officer KWG/pah cc: Public Safety Director r CERTIFIED MAIL. RETURN RECEIPT REQUESTED CITY OF ATLANTIC BEACH CEB Case # 0112 Respondents: WAYNE WEINAUG CODE ENFORCEMENT BOARD CASE PRESENTATION SHEET Mister/Madam Chairman: X 1. I inspected the property in question, which is located at 850 Amherjr. r,a. ownership of the property was determined by a check of the: X tax records public records deed title search other _X_ 2. The code #(s) and nature of the violation (s) discovered are: Chapter 12, Sec. 12-1-7 - Outside storage of building material; Section 24-65 - No building permit for closed in ca ort- and stns . _ ur . in rear of house _ X 3. The inspection was made as a result of a: X complaint routine area inspection other _X 4. A violation notice was issued to the owner/occupant on: March 7, 1996. X 5. Notice to the owner -occupant was achieved by: X certified mail _ hand delivery _Posting of property Police X_ 6. I_x did did not speak with the owner or someone in charge of the property concerning violations. Brief description of conversation: Several conversations regarding debris and reQuirement to have a building permit. _x 7. The latest inspection was made on: 4-17-96 X_ 8. The violation(s) that was/were still occurring on that date was/were: same. Z_ 9. To bring the property into compliance, it is necessary to: remove all building material and trash - have permits issued for both carport and addition to rear of house. March 8, 1996 MEMO TO: MEMBERS OF THE CODE ENFORCEMENT BOARD ALAN JENSEN, CITY ATTORNEY SUZANNE GREEN, PROSECUTING ATTORNEY KARL GRUNEWALD, CODE ENFORCEMENT OFFICER FROM: TRUDY LOPANIK, SECRETARY RE: NEXT BOARD MEETING - SPECIAL MEETING Thursday, March 14, 1996 There will be a special meeting of the Code Enforcement Board scheduled to be held THURSDAY, MARCH 14, 1996, 7:30 p. M. In the Commission Chambers of the City Hall. If you are unable to attend the meeting please contact Trudy or Theresa at 247-5810. CITY OF ATLANTIC BEACH 7:30 P. M., MARCH 14, 1996 Call to order Pledge to the Flag Roll Call 1. Recognition of Visitors and Guests regarding any matters that are not listed on agenda. NEW BUSINESS: Case No. 0105 - Donald T. Moses - owner of property located at Lot 8, Ocean Breeze, in violation of; CHAPTER 24, SECTION 82 AND 151; CHAPTER 12, SECTION 12-1-6 AND 12-1-7; CHAPTER 24, SECTION 24 163 (A) 5; CHAPTER 21, SECTION 21-24 of the Code of the City of Atlantic Beach in that there exists on the premises located at LO 8, OCEAN BREEZE, ATLANTIC BEACH, FLORIDA, the following condition(s): CHAPTER 24e THE INSTALLATION OF AN OFF-SITE SATELLITE mgm IS NOT 2EEMj=RD RY ATLANTIC BEACH cong CHAPTER 24, SECTIONS' 91 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING March 6, 1996 MR. Donald T. Moses 2361 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 Dear MR. Moses: 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, residents 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 THURSDAY. the 14TH day of MARCH, 1995 AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violations of the following Sections CHAPTER 24, SECTION 82 AND 151; CHAPTER 12,E SECTION 12-1-6 AND 12-1-7• CHAPTER 24 SECTION 24-163(A)5; CHAPTER 21, SECTION 21-24 of the Code of the City of Atlantic Beach in that there exists on the premises located at LOT 8 OCEAN BREEZE ATLANTIC BEACH, FLORIDA, the following conditions): CHAPTER 24: THE INSTALLATION OF AN OFF-SITE SATELLITE DISH IS NOT PERMITTED BY ATLANTIC BEACH CODE CHAPTER 24, SECTIONS 82 AND 151. THE DISH IS CONSIDERED AN ACCESSORY STRUCTURE ONLY TO THE PRINCIPAL STRUCTURE WHICH DOES NOT EXIST ON LOT 8; CHAPTER 12: HAZARD FOR INOUISITIVE MINORS; DETRIMENT TO PUBLICSAFETY; CHAPTER 24• COMMERCIAL EQUIPMENT IN RESIDENTIAL ZONE; CHAPTER 21: UNREGISTERED, ABANDONED, UNIDENTIFIABLE UTILITY TRAILER. The Code Enforcement Board has the power to levy fines up to $250.00 per day for the first offense and $500.00 for the second offense against the property, if a violation is found to- exist beyond the date set by the Board for compliance. 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 Trudy Lopanik, Secretary of the Code Enforcement Board within five days of the receipt of this notice at 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. Sincerely, ATTEST: �&4 -h-4 - - SECRETARYY4 G. E. MARTIN Chairman, Code Enforcement Board CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO.� Petitioner, ) vs. } SUBPOENA DONALD T. MOSES Respondent. ) -------------------------------- ) • i. ON • u • STREET SEMINOLE •••D BRACHCITY ATLANTIC STATE FL GREETINGS: YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board of the City of Atlantic Beach, Florida at City Hall, 800 Seminole Road, Atlantic Beach, Florida on THURSDAY the 14TH day of MARCH 1996 at 7:30. p. m. in reference to violation of Sections: CHAPTER 24, SECTION 82 AND 151; CHAPTER 12, SECTION 12-1-6 AND 12-1-7; CHAPTER 24, SECTION 24-163(A)5; CHAPTER 21, SECTION 21-24 OF THE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA Failure to appear subjects you to penalty of law. Dated this 6TH day ofMARC $, 1996. CODE ENFORCEMENT BOARD CITY OF ATLANTIC WCH, FLORIDA BY 4 reo;&:t� SeAetary CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING March 6, 1996 MR. Donald T. Moses 225 Water Street, Suite 2222 Jacksonville Fl. 32202-5155 Dear MR. Moses• 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, residents 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 THURSDAY the 14TH day of MARCH, 1995 AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violations of the following Sections CHAPTER 24, SECTION 82 AND 151• CHAPTER 12, SECTION 12-1-6 AND 12-1-7; CHAPTER 24, SECTION 24-163(A)5; CHAPTER 21, SECTION 21-24 of the Code of the City of Atlantic Beach in that there exists on the premises located at LOT 8 OCEAN BREEZE ATLANTIC BEACH, FLORIDA, the following condition(s): CHAPTER 24: THE INSTALLATION OF AN OFF-SITE SATELLITE DISH IS NOT PERMITTED BY ATLANTIC BEACH CODE CHAPTER 24, SECTIONS 82 AND 151 THE DISH I CONSIDERED AN ACCESSORY STRUCTURE ONLY TO THE PRINCIPAL STRUCTURE WHICH DOES NOT EXIST ON LOT 8; CHAPTER 12• HAZARD FOR INO ISITIVE MINORS; DETRIMENT TO PUBLICSAFETY; CHAPTER 24• COMMERCIAL EQUIPMENT IN RESIDENTIAL ZONE• CHAPTER 21• UNREGISTERED ABANDONED UNIDENTIFIABLE UTILITY TRAILER. The Code Enforcement Board has the power to levy fines up to $250.00 per day for the first offense and $500.00 for the second offense against the property, if a violation is found to exist beyond the date set by the Board for compliance. 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 Trudy Lopanik, Secretary of the Code Enforcement Board within five days of the receipt of this notice at 247-5821. • Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. Sincerely, ATTEST: c _ � r SECRETARY G. E. MARTIN Chairman, Code Enforcement Board CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 0 5 Petitioner, ) vs. ) SUBPOENA DONALD T. MOSES Respondent. ) -------------------------------- ) STREETTO: NAME: DONALD T. MOSES 225 WATER STREET, SUITE 2222 CITY JACKSONVILLE, 32202-5155 STATE FL YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board of the City of Atlantic Beach, Florida at City Hall, 800 Seminole Road, Atlantic Beach, Florida on THURSDAY , the 14TH day of _MARCH 1996 at 7:30, p. m. in reference to violation of Sections: CHAPTER 24, SECTION 82 AND 151; CHAPTER 12, SECTION 12-1-6 AND 12-1-7; CHAPTER 24, SECTION 24-163(A)5; CHAPTER 21, SECTION 21-24 OF THE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA Failure to appear subjects you to penalty of law. Dated this 6TH day of MARCH, 1996. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA B� Secretary February 26, 1996 Mr. Donald T. Moses 2361 Seminole Road Atlantic Beach, FL 32233 Re: Lot 8, Ocean Breeze a/k/a 2389 Ocean Breeze Court Dear Mr. Moses: 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904) 247-5805 During my last inspection of the above property on February 22, 1996, the following violations were observed and are being noticed to the Code Enforcement Board for which you have been subpoenaed on March 5, 1996: 1. Chapter 12, Section 12-1-6 and 12-1-7 a. Hazard for Inquisitive Minors; b. Detriment to Public Safety; 2. Chapter 24, Section 24-163(a)5 a. Commercial Equipment in Residential Zone; 3. Chapter 21, Section 21-24 a. Unregistered, abandoned, unidentifiable utility trailer. If you have any questions please call me at 247-5855. Sincerely, Karl W. Grunewald Code Enforcement Officer KWG/pah cc: Public Safety Director VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED TO: Code Enforcement Board FROM: Karl Grunewald SUBJECT: Illegal TV Dish Antenna PROPERTY ADDRESS: LOT 8, OCEAN BREEZE A/k/a 2389 Ocean Breeze Court Donald T. Moses, owner of the above described vacant property installed a satellite TV antenna. The cable crosses an adjoining property (with permission) into the residence of Donald Moses at 2361 Seminole Road. Since the property is undeveloped the antenna becomes an illegal accessory structure (Photos provided). Mr. Moses, in his interpretation of Atlantic Beach Code, Chapter 24, Section 24-163(a)(2) placed the antenna on an unregistered utility trailer presumably to be stored behind the front yard setback line. The antenna, however, retains intact and connected to the cable. This establishes a use other than storage. In addition, the trailer, being unidentifiable as to legal ownership (registration) becomes an abandoned vehicle or property violation of Chapter 21, Section 21-24. The utility trailer was posted on February 22, 1996 as abandoned. In addition, the location of the trailer, antenna and base are unstable and therefore violate Chapter 12, Section 12-1-6 and 7, in particular, a hazard for inquisitive minors and a detriment to the safety of the community. Mr. Moses requested a variance through tbe;Community Development Board, but then he requested that the matter be tabled. As st4ted in his letter to the Ocean Breeze Duval Association (Homeowners in Ocean Breeze) the purpose of the dish is not entirely recreational but is used to gather information for his maritime law firm. This would possibly allow the antenna to be considered commercial in use and placing it in violation, Chapter 24, Section 24-163(a)5. This, case has been under review by George Worley, Planning and Development Director, and Alan Jensen, City Attorney. CITY OF e� 800 SEMINOLE ROAD ---- ----- ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247.5800 FAX (904) 247-5805 November 22. 1995 Mr. Donald T. Moses 225 Water Street, Suite 2222 .Jacksonville. FL 32202-5155 Dear Mr. Moses: Our records indicate that you are the owner of the followina property in the City of Atlantic Beach, Florida: Lot 8. Ocean Breeze RE#168908-8240 The installation of an off-site satelite dish is not permitted by Atlantic Beach Code Chapter 24, Sections 82 and 151. The dish 1s considered an accessory structure only to the principal structure which does not exist on Lot 8. There is evidence that several trees 6 inches or over have been removed. in violation of Chapter 23. Section 23-23 (Tree I:emoval) without a permit. You are hereby notified that unless the condition above described is remedied within thirty (30) days from the date of your receipt hereof, this case will be turned over to the Code Enforcement Board. Under Florida Statute 162.09. the Code Enforcement Board may impose fines of up to $250.00 per day for a first violation and $500.00 per day for a repeat violation. Sincerely, arl W. Grunewald Code Enforcement Officer KWG/pah cc: City Manaaer Georae Worley. II CERTIFIED MAIL RETURN RECEIPT REQUESTED s CITY OF �1 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5345 TELEPHONE (904) 247-5800 FAX (904) 247.5805 January 11, 1996 Donald T. Moses 225 Water Street, Suite 2222 Jacksonville, FL 32202-5155 Dear Mr. Moses: Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: Lot 8, Ocean Breeze RE#168908-8240 On November 22, 1995, you were notified of a zoning violation, i.e., illegally installed TV dish antenna. You were extended thirty days in which to remove the violation. Your attempt to apply for a variance to the code was delayed on your part. Since the violation continues to exist I have no alternative but to present this case to the Atlantic Beach Code Enforcement Board for their next meeting on March 5, 1996. I encourage you to take. whatever corrective steps are available to you immediately. You will receive official notice as to when to appear before the board. Under Florida Statutes Section 162, the Code Enforcement Board may impose fines of up to $250.00 per day for a first violation and $500.00 per day for a repeat violation. Sincerely, Karl W. Grunewald Code Enforcement Officer KWG/pah cc: Jim Jarboe, City Manager George Worley, City Planner David Thompson, Public Safety Director VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED § 24-161 ATLANTIC BEACH CODE additional space for each twenty thousand (20,000) square feet of gross floor area, or fraction thereof, over and above the first ten thousand (10,000) square feet. (i) Method of requesting deviations from the requirements of this section. (1) Deviations from the requirements of this section shall be accomplished by filing with the appropriate administrative official an application for an exception which said application shall follow the procedures set forth in section 24-63 herein. (Ord. No. 90-82-74, § 2011, H, 9),7-26-82; Ord. No. 90-85-92, § 1, 7-8-85; Ord. No. 90-87-119,.§ 1, 4-27-87) Cross reference—Stopping, standing and parking generally, § 21-16 et seq. Sec. 24-162. Parking lots. Off-street parking lots shall be a permissible use by exception in all districts where such lots are within four hundred (400) feet of a premises requiring off-street parking, provided such lots in residential districts shall also conform to the following: (1) Such parking lots may be permitted only between the principal use and the nearest street in the residential district. (2) An approved wall, fencing, shrubbery or as otherwise required by the planning agency and the city commission shall be erected along edges of portions of such lots as adjoin land in the residential district unless releases are secured from all adjoining property owners. Height limitations as required in other sections of this article shall not apply. (3) No source of illumination for the lots shall be directly visible from any window in any residence in the residential district. (4) There shall be no sales or service activity of any kind on any parking lot unless a permit is applied for and is granted by the administrative official. (Ord. No. 90-82-74, § 2(HI, H, 10), 7-26-82) Cross reference—Stopping, standing and parking generally, § 21-16 et seq. Sec. 24-163. Storage and parking of vehicles and equipment in residential districts. `X (a) Commercial vehicles of less than eighteen thousand five hundred (18,500) gross vehi- cle weight, and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district, except in accordance with the following requirements: (1) No more than one (1) commercial vehicle per dwelling shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products be permitted; } (2) Travel trailers, motor homes, hauling trailers or boat trailers shall be permitted if parked or stored behind the front yard building line; (3) A travel trailer or motor home shall not be occupied, either temporarily or perma- nently, while it is parked or stored in any area except in a trailer park authorized under this article; Supp. No. 6 1460 ZONING AND SUBDIVISION REGULATIONS § 24-165 (4) A junked vehicle, or one that is inoperable, shall not be permitted to be located on or near lots with dwelling units. These junked vehicles shall be confined to junkyards; (5) No materials, supplies, appliances or equipment used or designed for use in commer- cial or industrial operations shall be stored in residential districts, nor shall any home appliances be stored outdoors in a residential district. (b) The provisions of this section shall not apply to storage, on a temporary basis, of materials, equipment or appliances to be used for or in construction of a building on the premises in conformity with the terms of this article. (Ord. No. 90-82-74, § 2(III, H, 11), 7-26-82) Cross reference—Stopping, standing and parking generally, § 21-16 et seq. Sec. 24-164. Swimming pools. No swimming.pool or family pool shall be so located, designed, operated, or maintained as to interfere with the rights of the adjoining properties. (1) Lights: Lights used to illuminate any swimming pool shall be so arranged and shadowed as to reflect light away from adjoining premises. (2) Setbacks: The following setbacks shall be maintained: a. Minimum front setback, shall be the same as requirements for a residence located on the parcel where the pool is to be constructed, provided, that in no case is the pool to be located closer to a front line than the main or principal building is located; except that a pool may be located in either yard on a double frontage lot along the Atlantic Ocean, but must remain landward of the coastal construc- tion line. b. One foot of setback shall be maintained for each one foot of depth of the swimming pool. (3) Fences: All swimming pools shall be enclosed by a fence wall or equivalent barrier at least four (4) feet high. (Ord. No. 90-82-74, § 2(HI, H, 12),7-26-82; Ord. No. 90-86-100, § 2,2-24-86; Ord. No. 90-87-124, § 1, 10-12-87) Cross reference—Swimming pool code, § 6-91 et seq. Sec. 24-165. Service stations. The following regulations shall apply to the location, design, construction, operation and maintenance of service stations: (1) Lot dimensions. A service station lot shall be of adequate width and depth to meet all setback requirements, but in no case shall a corner lot have less than two (2) street frontages of at least one hundred fifty (150) feet each and an area of at least twenty- two thousand five hundred (22,500) square feet, and an interior lot shall have a street Supp. No. 6 1461 Chapter 12 NUISANCES* kSec. 12-1. Enumeration. (a) It shall be unlawful for any person, natural or corporate, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a danger- ous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well-being of the community. (b) It is hereby declared to be a nuisance, the enumerations of which are merely indica- tions of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (1) For any person to cause or allow any animal carcus or any filth or substance to be collected, deposited, or to remain in any place to the detriment of public health; (2) For any person to throw, deposit or discharge into or suffer to be collected, deposited or remain in any street, alley or other public place, or in any house, building, premises, sewer, or gutter, any filth, garbage, noxious substance, or any waste paper, rags, or any rubbish of any kind; (3) For any person to allow, suffer or permit any lot or premises, common or place of any kind whatsoever to become neglected so as to become a detriment to public health by weeds growing thereon, or by depositing of rubbish of any kind which may be injurious to the health and well-being of the community; (4) To allow, suffer or permit any stagnant water to accumulate or stand upon the surface of the ground or upon or within any receptacle or structure deposited or erected, either above or below the ground, without exercising necessary precautions to prevent the propogation of mosquitoes therein; (5) For any person to keep, herd, and feed any animals, such as hogs, horses, chickens, rabbits and guinea pigs in any manner which may be injurious to the health and well-being of any person due to noxious odors, noise, etc. (6) Any attraction which may prove detrimental to any human being, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, excavations, abandoned refrigerators and motor vehicles, or any structurally unsound fences or structures, or any lumber, debris or vegetation, which may prove a hazard for inquisitive minors. } ,- (7) For any person, either as the owner or occupant of a building, structure, or property to utilize the premises of the property for the open storage of any abandoned motor *Cross references—Nuisance control board, § 2-161 et seq.; nuisance animals, § 4-6; noise, Ch. 11; abandoned, wrecked, junked, inoperable, etc., vehicles, § 21-24. State law references—Abatement of nuisances by injunction, F.S. § 60.05; nuisances injurious to health, F.S. Ch. 386; public nuisances, F.S. Ch. 823. Supp. No. 10 735 § 12-1 ATLANTIC BEACH CODE vehicle, icebox, refrigerator, stove, glass, building material, building rubbish, or similar items. (8) To allow, suffer or permit any building or structure which, by act of God, fire, decay ly dangerous, unsafe, other cause which may become to create a hazardto he health or safety of the occupants cupants or unsan- itary, t itary, or vermin infested the public. (9) For any person owning shopping carts to allow such carts to be removed from the olicy in place for the effective owner's premises unless such person has a written p retrieval of such carts. The written policy must include provisions for retrieval of shopping carts from public rights-of-way, apartment complexes, undeveloped lots, or other areas within the city, sd for laintslof shopping from the public or the cis when byought to the of complaints attention of the owner by way P (c) For any person to discharge water from a water -source heat pump onto a public street or storm drainage system unless such discharge is approved by the city. (Ord. No. 55-82-20, § 1, 3-22-82; Ord. No. 95-89-43, § 1, 1-8-90) Sec. 12-2. Notices, hearings, abatement of conditions. (a) Whenever it is made to appear to the city manager after investigation that any acts, occurrences or conditions prohibited by section 12-1 have happened or exist within the city, the city manager may, by order in writing, direct any nuisance affecting the sanitary condi tion of the city or the public health of the city to be abated. The order shall be served upon the owner or occupant or person having the care or custody of the particular property involved, if he is found upon the premises or within the city, or shall be delivered by mail, return receipt requested. In any case where the owner, occupant or custodian cannot be found within the city, after reasonable and diligent inquiry, and whereby the mail is unable to be delivered, the order shall be posted in a conspicuous place upon the premises. The order shall be worded in the manner similar to the following: "Our records indicate that you are the owner(s) and/or occupant(s) of the following property in the City of Atlantic Beach, Florida: (Description of property). Investigation of this property discloses and I have found and determined that a public nuisance exists thereon so as to constitute a violation of Section 12-1 of the Code of the City of Atlantic Beach, and that (description of the conditions which place the property in violation). "You are hereby notified that unless the condition above described is remedied within fifteen (15) days from the date hereof, the city will remedy this condition at a cost of the work plus a charge equal to 100% of the cost of the work to cover City administrative expenses, which will be assessed the property owner or occupant. If not paid within thirty (30) days after receipt of billing, the invoice amount plus advertising costs, will be posted as a lien on the property. Supp. No. 10 736 § 21-21 ATLANTIC BEACH CODE Sec. 21.21. Parking for certain purposes prohibited. No person shall stand or park a vehicle upon any roadway or right-of-way for the principal purpose of (1) Displaying it for sale; or (2) Washing, greasing, or repairing the vehicle, except repairs necessitated by an emer. gency. (Ord. No. 75-82-3, § 6, 4-12-82) Sec. 21.22. Commercial, recreational, etc., vehicles; weight requirements. (a) No person shall stop, stand, or park a commercial vehicle in excess of eighteen thou- sand five hundred (18,500) pounds gross vehicle weight, or any combination thereof, or any component part thereof upon any private property in a residential zone except for the purpose of loading and unloading. Component part shall include the tractor unit or trailer unit of any tractor -trailer type truck. (b) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck, travel trailer, equipment trailer, boat, boat trailer or commercial vehicle upon any street or right-of-way, except for the purpose of loading or unloading. (Ord. No. 75-82-3, § 7, 4-12-82; Ord. No. 75-92-9, § 1, 2-24-92) Sec. 21-23. Parking more than seventy-two hours prohibited. No person shall park a motor vehicle on any street or right-of-way for a period of time in excess of seventy-two (72) hours. (Ord. No. 75-82-3, § 8, 4-12-82) Sec. 21.24. Abandoned, wrecked, junked or inoperative property, etc.—Declared un- lawful; exception; nuisance declared (a) Abandoned property. Florida Statute Chapter 705 is hereby adopted by reference in its entirety as if fully set forth herein. (1) Abandoned property on private property; procedures for removal thereof. a. Whenever the enforcement officer, Atlantic Beach police officer or Atlantic Beach code enforcement officer, shall ascertain that an article or articles of abandoned property are present on private property within the limits of Atlantic Beach in violation of any zoning ordinance or regulation, anti -litter ordinance or regula- tion, or other similar ordinance or regulation of Atlantic Beach, the enforcement officer shall cause a notice to be placed upon such article in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description) located at (setting forth brief description of location) is improperly stored and is Supp. No. 12 1224 TRAFFIC AND MOTOR VEHICLES § 21-25 in violation of (set forth ordinance or regulation violated) and must be removed within ten (10) days or, if the property is a boat, thirty (30) days from date of this notice; otherwise it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Atlantic Beach. If the property is a motor vehicle or boat, the owner will be liable for the costs of removal and destruction. Dated this: (Set forth date of posting of notice). Signed: (Set forth name, title, address and telephone number of enforcement officer). Such notice shall not be less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproofed to withstand normal exposure to the elements for a period of ten (10) days. In addition to posting the notice, and on or before the date of posting, the enforcement officer shall mail a copy of the notice to the owner of the real property upon which the abandoned articles are located as shown by the real estate tax record used by the City of Atlantic Beach, and if the abandoned property is a motor vehicle or boat, shall make a reasonable effort to ascertain the name and address of the owner and shall mail a copy of the notice to such owner. b. If at the end of ten (10) days (or if the property is a boat, thirty (30) days) after posting such notice, the owner or any person interested in the abandoned article or articles described in such notice has not removed the article or articles and complied with the ordinance or regulation cited in the notice, the enforcement officer may cause the article or articles of abandoned property to be removed and destroyed. The salvage value, if any, of such article or articles shall be retained by the City of Atlantic Beach to be applied against the cost of removal and destruction thereof, unless the cost of removal and destruction is paid by the owner, in which case the salvage value may be deposited in the local government general fund. (b) Nuisance declared. To accumulate or store one (1) or more of such vehicles on public or private property shall constitute a nuisance detrimental to the health, safety and welfare of inhabitants of the city, and it shall be the duty of the registered owner of the vehicle, and the property upon which the vehicle is located to remove the vehicle from the city limits, or to have the vehicle housed in a building where it will not be visible from the street. (Ord. No. 75-82-3, § 9, 4-12-82; Ord. No. 75-85-4, § 1, 3-11-85; Ord. No. 75-88-7, § 1, 9-12-88) Cross reference—Nuisances, Ch. 12. Sec. 21.25. Removing and impounding. Members of the department of public safety of the city are hereby authorized to remove and shall cause to be removed any vehicle from any street or alley or right-of-way within the city to a public garage or other place of safety under circumstances enumerated in this article: (1) When a vehicle is left unattended: a. On a sidewalk; Supp. No. 12 1225 ZONING AND SUBDIVISION REGULATIONS § 24-82 (5) In case the exact location of a boundary cannot be determined by the foregoing methods, the board of adjustment shall, upon application, determine the location of the boundary. (Ord. No. 90-82-74, § 2(III, E, 1), 7-26-82) i Sec. 24-82. General restrictions upon land, buildings and structures. (a) Use. No building or structure shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purpose or in any manner other than a use designated in this article, as allowed in the district in which such land, building, structure or premises are located. (b) Height. No structures or building shall be erected, or shall any existing building be moved, reconditioned or structurally altered so as to exceed the height limit specified in this article for the district in which such building or structure is located. However, on substandard lots of record, the height of any such structures or buildings shall be restricted to a percentage of the area of the substandard lot compared to the minimum requirements of the zoning district and applying the same to the maximum building height allowed in said zoning district. By way of example, if in a five thousand (5,000) square foot minimum lot area zoning district a building or structure is proposed on a substandard lot of two thousand five hundred (2,500) square feet, the percentage of fifty (50) percent would be applied to the thirty -five-foot height restrictions, resulting in a net allowable building height of seventeen and one-half (17.5) feet. The same restrictions and percentage calculation shall also apply to mobile homes, secondary dwellings, and accessory buildings, provided they are to be located on a substandard lot of record. (c) Percentage of lot occupancy. No building or structure shall be erected, nor shall any existing building or structure be moved, altered, enlarged or rebuilt, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements and the area and parking space and yard regulations established by this article for the district in which such building or structure is located. (d) Density of population. No building, structure or premises shall be erected or occupied or used so as to provide a greater density of population than is allowed under the terms of this article for the district in which such building, structure or premises are located. (e) Open space use limitation. No yard or other open space provided about any building or structure for the purpose of complying with the regulations of this article shall be considered as providing a yard or open space for any other building or structure. (f) Required lot and occupancy. Every building or structure hereafter erected shall be located on a lot or tract as defined herein; and in no case shall there be more than one (1) building on one (1) lot, except as provided in this article. (g) Duplicates or externally similar dwellings. Construction of nearby single-family and duplex dwellings which are duplicates or externally similar shall be avoided. Such similarity Supp. No. 11 1431 § 24-82 ATLANTIC BEACH CODE considers the external configuration and appearance (i.e., roof, outer wall materials, window size and design, and other like characteristics) of structures. In accord with the foregoing, similar or duplicate homes shall not be constructed within close proximity of each other, and shall be at least five hundred (500) feet apart if any one similar dwelling is visible from any other similar dwelling. (h) Temporary residence. No trailer, basement, tent, shack, garage, camper, bus or other accessory building or vehicle in any district shall be used as a residence, temporarily or permanently, nor shall any such residence of temporary character be permitted. (i) Minimum lot coverage: (1) One (1) story:—One thousand (1,000) square feet enclosed heated living area. (2) Two (2) story:—Six hundred fifty (650) square feet enclosed coverage on the ground floor and not less than a total of one thousand (1,000) square feet enclosed heated area. (3) Two-family residence (duplex):—Each living unit shall have nine hundred (900) square feet of enclosed living area. (4) Apartment type: a. Efficiency with bedroom area combined with other living areas, four hundred eighty (480) square feet net area. b. One (1) bedroom with individual bedroom area permanently partitioned from other living areas, five hundred seventy-five (575) square feet net area. c. Two (2) bedrooms with each individual bedroom area permanently partitioned from the living areas, seven hundred (700) square feet net area. d. Three (3) bedrooms with each individual bedroom area permanently partitioned from other living areas, eight hundred forty (840) square feet net area. e. Four (4) bedrooms with each individual bedroom area permanently partitioned from other living areas, nine hundred ninety (990) square feet net area. f. Over four (4) bedrooms, add one hundred fifty (150) square feet per additional room. (Ord. No. 90-82-74, § 2(III, E, 2), 7-26-82; Ord. No. 90-90-153, § 1, 8-28-90) Sec. 24-83. Substandard lots of record. Where a lot or parcel of land has an area or frontage which does not conform with the requirements of the district in which it is located, but was a lot of record on July 26, 1982, the lot or parcel of land may be used for one single-family dwelling in any residential district, provided the minimum yard requirements for that residential district are maintained, and provided that the owner of said lot has obtained relief through action, of the community development board and the city commission. (Ord. No. 90-82-74, § 2(III, E, 3), 7-26-82; Ord. No. 90-90-15, § 2, 6-25-90) Supp. No. 11 1432 § 24-135 ATLANTIC BEACH CODE (1) Place title of common property in a form of common ownership by the residents of the planned unit development; e.g., a duly constituted and legally responsible commu- nity association, cooperative, etc.; (2) Appropriately limit the use of common property; (3) Place responsibility for management and maintenance of common property. The city commission, at its discretion, may require the applicant to enter into a contract with the city for maintenance of commonly held properties; (4) Place responsibility for enforcement of covenants; (5) Permit the subjection of each lot to assessment for its proportionate share of mainte- nance costs. (e) Access. Access to each single-family dwelling unit shall be provided via either a public right-of-way or a private vehicular or pedestrian way owned by the individual lot owner in fee or in common ownership with the residents of the planned unit development. (f) Privacy. Each dwelling unit within the planned unit development, shall be provided visual and acoustical privacy. Fences, walks and landscaping shall be provided for the protec- tion and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses and reduction of noise. (Ord. No. 90-82-74, § 2(III, G, 1), 7-26-82; Ord. No. 90-83-81, § 1, 7-11-83) Sec. 24-136. Community facilities. (a) All utility facilities proposed for dedication to the city must be acceptable by the city as to be of benefit to the general public. (b) All requirements for off-street parking and loading shall apply to the planned unit development unless otherwise waived or modified. (c) Access and circulation shall adequately provide for fire -fighting equipment, furniture moving vans, fuel trucks, refuse collection, deliveries and debris removal. (d) All planned unit developments shall provide for underground installation of utilities, including telephone, power and cable television in both public and private rights-of-way. Provisions shall be made for acceptable design and construction of storm sewer facilities including grading, gutters, piping and treatment of turf to handle storm waters, prevent erosion and formation of dust. (e) Specifications for street design shall conform to the rules and regulations adopted by the city. (Ord. No. 90-83-74, § 2(1II, G, 1), 7-26-82; Ord. No. 90-83-81, § 1, 7-11-83) Secs. 24137-24-150. Reserved. DIVISION 7. SUPPLEMENTARY REGULATIONS *Sec. 24151. Accessory uses and structures. (a) Authorization. Accessory uses and structures are permitted in any Zoning district when the uses or structures are ancillary, in connection with and incidental to the principal use or structure allowed within the district in question. 1452 ZONING AND SUBDIVISION REGULATIONS § 24-151 (b) Accessory uses by zoning district. The following accessory uses and structures shall only be permitted in the zoning districts as enumerated in this article: (1) In all residential dwelling districts; single-family, two-family, and multifamily; a. Antenna structures for television and radio, but not microwave relay or trans- mission structures; b. Children's playhouse,. not to exceed one hundred (100) square feet of gross floor area and/or juvenile play equipment; c. Fallout shelters; d. Private garages and carports; e. Gazebos and similar structures; f. Private swimming pools and bathhouses; g. Tennis, basketball or volleyball or volleyball courts and other similar private recreation uses; h. Storage/tool sheds. (2) In all single-family residential, two-family residential, and mobile home districts: a. Doghouses, pens and other similar structures for the keeping of commonly ac- cepted household pets; b. Parking of not more than two (2) major recreational vehicles, including but not limited to boat trailers not exceeding twenty-five (25) feet in length, camping trailers, travel trailers, motorized dwellings, tent trailers and horse vans, but subject to the following limitations: 1. Such equipment shall not be used for living, sleeping or other occupancy when parked; 2. Such equipment six (6) feet or more in average height shall not be parked or stored in a garage, carport or other structure and shall not be located in any required front yard. (3) In any zoning district; except as to private swimming pools: a. No accessory structure shall be occupied or utilized, unless the principal struc- ture to which it is accessory is occupied or utilized; b. All accessory uses and structures shall comply with the use limitations applica- ble in the zoning district in which they are located; c. All accessory uses and structures shall comply with the property development regulations applicable in the zoning district in which they are located; d. All accessory uses and structures shall be arranged and maintained so as not to encroach on any required front yard; e. No accessory structures shall be used as a residence, temporarily or permanent- ly, nor shall any residence of temporary character be permitted; f. Accessory building shall be in the rear or side yard, shall not be more than one (1) story in height. Only one (1) such building shall be permitted on each lot. No part of any accessory structure shall be nearer than five (5) feet to any side or rear lot line. On a corner lot, no part of any accessory building shall project in Supp. No. 4 1453 J § 24-151 ATLANTIC BEACH CODE front of the required setback line on either street. Space shall not be leased or let for any use or purpose other than those incident to the use of the main building. (Ord. No. 90-82-74, § 2(III, H, 1), 7-26-82; Ord. No. 90-86-100, § 1, 2-24-86) Sec. 24-152. Child care centers. Child care centers, including day nurseries and kindergartens, whether permitted or permissible shall be subject to the following conditions: (1) Minimum lot area shall not be less than five thousand (5,000) square feet; (2) Outdoor play area shall be totally fenced with a minimum four (4) foot high fence and the size of play area must meet the state regulations for square feet per child. Play area shall be located in the rear yard in residential districts; (3) The maximum number of children must be stated in the application for exception and in no case shall the number of children approved be exceeded; (4) A plan showing the location of the building to be used or constructed on the lot, fenced play areas, off-street parking loading and unloading facilities, ingress and egress shall be submitted with the application for exception; (5) All facilities, operation and maintenance shall meet all applicable city or state regulations for the use. (Ord. No. 90-82-74, § 2(III, H, 2), 7-26-82) Sec. 24.153. Churches. The minimum developmental criteria for churches in any district where allowed shall include: (1) Adequate site area to accommodate all structures and required off-site parking and circulation areas for motor vehicles, in accordance with the pwrking schedule in this article; (2) Location on a collector or arterial street with adequate frontage to accommodate ingress -egress driveways in proportion to expected peak attendance levels in order not to disrupt roadway traffic; (3) Maintenance of the required clear sight triangle; (4) Building setbacks as required in the district in which the facility is located; (5) Buffering in the form of hedge materials and/or fence or wall, as appropriate, along lot lines adjacent to residential uses; (6) If there is a dwelling for clergy attached or on the same premises, required open space for occupant use shall be: a. For single-family homes, same as for the same use in a district permitting single-family homes, even though the premises may be in another district; b. For group homes, residence halls, same as for multifamily dwellings. (Ord. No. 90-82-74, § 2(III, H, 3), 7-26-82) Supp. No. 4 1454 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING February 21, 1996 MR. Donald T. Moses 225 Water Street Suite 2222 Jacksonville Fl. 32202-5155 Dear MR. Moses: 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, residents 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 TUESDAY, the 5TH day of MARCH, 1995 AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violations of the following Sections CHAPTER 24 SECTION 82 AND 151 of the Code of the City of Atlantic Beach. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at LOT 8 OCEAN BREEZE ATLANTIC BEACH FLORIDA the following condition(s): THE INSTALLATION OF AN OFF-SITE SATELLITE DISH IS NOT PERMITTED BY ATLANTIC BEACH CODE CHAPTER 24, SECTIONS 82 AND 151. THE DISH IS CONSIDERED AN ACCESSORY STRUCTURE ONLY TO THE PRINCIPAL STRUCTURE WHICH DOES NOT EXIST ON LOT 8. The Code Enforcement Board has the power to levy fines up to $250.00 per day for the first offense and $500.00 for the second offense against the property, if a violation is found to exist beyond the date set by the Board for compliance. 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 Trudy Lopanik, Secretary of the Code Enforcement Board within five days of the receipt of this notice at 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. ATTEST: ? v ?iClC� SECRET Sincerely, k <G. E. MARTIN Chairman, Code Enforcement Board CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 0/0.�5- Petitioner, ) VS. ) SUBPOENA DONALD T. MOSES Respondent. ) -------------------------------- ) TO: NAME: DONALD T. MOSES STREET 225 WATER STREET, SUITE 2222 CITY JACKSONVILLE, FL 32202-5155 STATE FL GREETINGS: YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board of the City of Atlantic Beach, Florida at City Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the STH day of MARCH 1996 at 7:30. p, m. in reference to violation of Section: CHAPTER 24, SECTION 82 AND 151 Failure to appear subjects you to penalty of law. Dated this 21ST day of FEBRUARY, 1996. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA Sec `tary CODE ENFORCEMENT BOARD CITY OF ATLAN`.PIC BEACH, FLORIDA CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. © 16'-6- Petitioner, C%SPetitioner, ) vs. ) UUBPOENA DONALD T. MOSES Respondent. ) -------------------------------- ) TO: NAME: GEORGE WORLEY, CITY PLANNER STREET 800 SEMINOLD ROAD CITY ATLANTIC BEACH 32233 STATE FL GREETINGS: YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board of the City of Atlantic Beach, Florida at City Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the 5TH day of MARCH 1996 at 7:30, p. m. in reference to violation of Section: CHAPTER 24, SECTION 82 AND 151 Failure to appear subjects you to penalty of law. Dated this 21ST day of FEBRUARY, 1996. CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA '-1 BY Se etary February 26, 1996 MEMO TO: MEMBERS OF THE CODE ENFORCEMENT BOARD ALAN JENSEN, CITY ATTORNEY SUZANNE GREEN, PROSECUTING ATTORNEY KARL GRUNEWALD, CODE ENFORCEMENT OFFICER FROM: TRUDY LOPANIK, SECRETARY RE: NEXT BOARD MEETING TUESDAY, MARCH 5, 1996 There will be a meeting of the Code Enforcement Board scheduled to be held Tuesday, MARCH 5, 1996, 7:30 p. M. In the Commission Chambers of the City Hall. Attached is your agenda packet and a copy of the minutes of the meeting held January 9, 1996, and the minutes of the Special Meeting held January 30, 1996. If you are unable to attend the meeting please contact Trudy or Theresa at 247-5810. _is7i95 CITY OF ATLANTIC BEACH '14i1?t1Ci7 .3PECIA.Lt INVESTIGATION '1 COIIPLA I1 -1T 44`>c' ='t=1IF'LP.IIdT DATE: _! : tt % 1_ :.;_; 1:Gi3ED DEF'TiI_iIV : C' IPLAINT TIME: i4: 4 TA1;E1r1 BY: 11,iJ11,GRUI.] ;1PLTA INANT: R Idl}(T,I:-}1 FREDEF:I'.'P, AD1)RE S_ .LA ATLANTIC BEACH FL Q)Q-')OcjC, PHONE : q()4-C,t:;t -G?t E} I EXT : LOCATION : 84 G Ai-IBLA ATLANTIC BEACH FL 00000 O1dNER: WAYNE FIEINAUG 'OIIPLAINT DESC : ROOH ADDITIO14 BEING ADDED TO REAR OF HOUSE , TRASH A141_ BUILDING MATERIAL STREWN ACROSS YARD, HTG,H GRAS„ A11r. WEEDS )ATE OF INVESTIGATION: 96/04/17 INVESTIGATOR: GRUNEIIALD ---------------------------------------------------------------------------- 'ONDITIONS FOUND: UNPER11TTTED CARPORT,DATING BACK TO OCT '6,1995 NEW STRUCTURE ADDITION TO REAR OF HCIU;�I' CONSTRUCTED AS OF 4-17-96 BUILDING TRASH AND IfATERIAL STREWN HIGH GRASS AND WEED: - ACTION TAKEN: SPOKE TO OWNER ON 4-17-95 TOLD HIII TO GET F'ERI-IITS AND CLEAN UP YARD HE IS TO APPEAR BEFORE; THE CODE EIvFOF:r'I ItFIIT E:tJARI' i i A'i' 1 f_ 110 T P, �i : CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING April 18, 1996 Wayne V. Weinaug 845 Amberlack Lane Atlantic Beach, Florida 32233 Dear Ms. Weinaug: 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, residents 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 TUESDAY, the 7th day of MAY, 1995 AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violations of the following Sections SECTION 12-1-7 and 24-65 OF THE ATLANTIC BEACH CODE OF ORDINANCES. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 845 Amberjack Lane, ATLANTIC BEACH, FLORIDA the following condition(s):outside storage of building material, furniture, 5 gallon buckets, plumbing fixtures, weight lifting equipment; building permit required for enclosed garage or carport The Code Enforcement Board has the power to levy fines up to $250.00 per day for the first offense and $500.00 for the second -- offense against the property, if a violation is found to exist beyond the date set by the Board for compliance. 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 Trudy Lopanik, Secretary of the Code Enforcement Board within five days of the receipt of this notice at 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. S' re y, ATTEST- S EC RT &7 - TTEST:SECRETAR7- G. E. MARTI Chairman, Code Enforcement Board • November 27, 1995 David & Susan Lewis 1447 Mayport Road Atlantic Beach, FL 32233 Dear Mr. and Mrs. Lewis: 800 SEMI]NOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5WS TELEPHONE (904) 247-5800 FAX (904) 247.5805 Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: 750 Mayport road a/k/a Lot 2, Block 36, Section H RE#170751-0000 Investigation of this property discloses that I have found and determined that you are in violation of City of Atlantic Beach ordinance Chapter 12, Section 12-1-7, i.e., outside storage of building material; Chapter 12, Section 12-1-8, building has 'rotted facia and soffit boards and is not impervious to weather (needs n paint); and Chapter 12, Section 12-1-3, high grass and weeds. You are hereby notified that unless the condition above described is remedied within fifteen (15) days from the date of your receipt hereof, this case will be turned over to the Code Enforcement Board. Under Florida Statute 162.09, the Code Enforcement Board may impose fines of up to $250.00 per day for a first violation and $500.00 per day for a repeat violation. Sincerely, z 1Z.G- ewa1d Code Enforcement Officer KWG/pah cc: City Manager CERTIFIED MAIL RETURN RECEIPT REQUESTED CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING April 15, 1996 David and Susan Lewis 1447 May -port Road Atlantic Beach, Florida 32233 Dear Ms. Lewis: 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, residents 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 TUESDAY, the 7th day of MAY, 1995 AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violations of the following Sections SECTION 12-1-8 OF THE ATLANTIC BEACH CODE OF ORDINANCES. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 750 May -port Road, ATLANTIC BEACH, FLORIDA, the following condition(s): building has rotted facia and soffit boards; missing facia and soffit; building is not impervious to weather and rodents. The Code Enforcement Board has the power to levy fines up to $250.00 per day for the first offense and $500.00 for the second offense against the property, if a violation is found to exist beyond the date set by the Board for compliance. 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 Trudy Lopanik, Secretary of the Code Enforcement Board within five days of the receipt of this notice at 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. Since ely, ATTEST SECRETARY G. E. MARTIN Chairman, Code Enforcement Board 4 it Ili v Y I CITY • 41or 800 SEMINOLE ROAD ------- ---- --- ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904) 247-5805 SUNCOM 852-5800 January 31, 1996 Christine Sanders 30 Ardella Road Atlantic Beach, FL 32233 Dear Ms. Sanders: Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: 30 Ardella Road a/k/a Pt.Govt.Lot 3, Recd OR Bk 7368-2284 RE#172070-0000 Investigation of this property discloses that I have found and determined thatlyou are in violation of City of Atlantic Beach Ordinance Chapter 12, Section 12-1-(7), Outside storage of unregistered, abandoned motor vehicle. You are hereby notified that unless the condition above described is remedied within ten (10) days from the date of your receipt hereof, this case will be turned over to the Code Enforcement Board. Under Florida Statute 162.09, the Code Enforcement Board may impose fines of up to $250.00 per day for a first violation and 8500.00 per day for a repeat violation. KWG/pah cc: Public Safety Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Sincerely, Karl W. Grunewald Code Enforcement Officer CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING April 15, 1996 Christine Sanders 30 Ardella Road Atlantic Beach Florida 32233 Dear Ms. Sanders: 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, residents 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 TUESDAY, the 7th day of MAY, 1995 AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violations of the following Sections SECTION 12-1-7 OF THE ATLANTIC BEACH CODE OF ORDINANCES. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 30 Ardella Road ATLANTIC BEACH FLORIDA the following condition(s): abandoned unregistered motor vehicle The Code Enforcement Board has the power to levy fines up to $250.00 per day for the first offense and $500.00 for the second offense against the property, if a violation is found to exist _ beyond the date set by the Board for compliance. 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 Trudy Lopanik, Secretary of the Code Enforcement Board within five days of the receipt of this notice at 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. ATTEST: Since ely, SECRETARY G. E. MARTIN Chairman, Code Enforcement Board CITY • .. , February 6, 1996 Mr. Robert J. Stewart 348 Church Road Atlantic Beach, FL 32233 Dear Mr. Stewart: 800 SEhIINOLE ROAD ATLANTIC BEACH. FLORIDA 32233-5445 TELEPHONE (904) 247-5800 FAX (904) 247-5805 SUNCOM 852-5800 Our records indicate that you are the owner of the following property in the City of Atlantic Beach, Florida: 348 Church Road a/k/a Lots 2-9, Block 1, Lewis Subdivision RE1172338-0000 Investigation of this property discloses that I have found and determined that you are in violation of City of Atlantic Beach Ordinance Chapter 12, Section 12-1-7 (Outside Storage) i.e., lawnmowers, tires, lumber, fencing and other unlisted trash; Chapter 12-1-8, structurally unsound building in rear yard, health and safety hazard; building must be demolished; Chapter 16, Section 16-3 - all trash and garbage must be placed in a garbage container, i.e., the overflow of garbage is scattered in front of your home. You are hereby notified that unless the condition above described is remedied within fifteen (15) days from the date of your receipt hereof, this case will be turned over to the Code Enforcement Board. Under Florida Statute 162.09, the Code Enforcement Board may impose fines of up to $250.00 per day for a first violation and $500.00 per day for a repeat violation. Sincerely, Karl W. Grunewald Code Enforcement Officer KWG/pah cc: Public Safety Director VIA HAND DELIVERY CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING April 15, 1996 Robert J. Stewart 348 Church Street Atlantic Beach Florida 32233 Dear MR. Stewart: 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, residents 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 TUESDAY, the 7th day of MAY, 1995 AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violations of the following Sections SECTION 12-1-7, 12-1-8 and 16-3 OF THE ATLANTIC BEACH CODE OF ORDINANCES. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at 348 Church St., ATLANTIC BEACH FLORIDA, the following condition(s): outside storage; unsound structure, trash to be placed in containers. The Code Enforcement Board has the power to levy fines up to $250.00 per day for the first offense and $500.00 for the second offense against the property, if a violation is found to exist beyond the date set by the Board for compliance. 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 Trudy Lopanik, Secretary of the Code Enforcement Board within five days of the receipt of this notice at 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. Since el , SECRETAR G. E. MARTIN Chairman, Code Enforcement Board § 28-14 Atlantic Beach City Code § 28-14 (a) Permitted uses. Within any Business "AA" District, no building or premises shall be erected, used, arranged or designed to be used in whole or in part for other than one or more of the following or similar specified pur- poses constructed in the form of a complex creating a shopping center: (1) Retail stores. (2) Theaters . (3) Restaurants. (4) Offices . (5) Retail sale of gasoline only. (b) Prohibited uses. The following uses shall not be permitted within a Business "AA" District: (1) All industrial or manufacturing uses. (2) Any residential uses on the ground or first floor, except where such use is incidental to the permitted business use . (3) Gasoline service stations. (4) In nonconforming gasoline service stations, no vehicle repair work, except emergency work, shall be done out of doors and no parts, ve- hicle bodies or junk shall be stored out of doors. (c) Building limits. No building setback limits from property lines are _- required, but it is intended that a common paved parking area of adequate size shall be provided in front of the several businesses and that access shall be pro- vided to the rear of all units for service facilities. (Ord. No. 90-60-8, § 4; Ord. No. 90-62-14, § 2; Ord. No. 90-76-67, § 1.) Sec. 28-14. Business "A" (BA) Districts. The following regulations shall apply within each Business "A" District: (a) Permitted uses. Within any Business "A" District, no building or premises shall be erected, used, arranged or designed to be used in whole or in part for other than one or more of the following specified purposes: (1) Retail stores. (2) Hotels and motels. (3) Theaters. 216.2 Supp . #6, 12-76 § 28-15 Zoning § 28-15 (4) Restaurants, offices, ice delivery stations, laundries, small animal out patient clinics, shops for making articles sold at retail on the prem- ises and for any other similar enterprises, not a nuisance . the chief character- istic of which is a service to the neighborhood. (5) Retail sale of gasoline only. (b) Prohibited uses. The following uses shall not be permitted within a Business "A" District: (1) Amusement park or circus. (2) Gasoline service station. (3) Vehicle repair garage. (4) Junk yard. (5) Animal hospital. (6) Open air fruit or vegetable stand. (7) Trailer park. (8) Outside storage of stocks, supplies or equipment, except for new and used motor vehicles, mobile homes, sales and repair service in business "A" property lying west of Mayport Road. No outside vehicle repair work, stored parts, bodies or junk allowed. (9) Any residential use on the ground or first floor, except «here such use is incidental to the permitted business use . (10) In nonconforming gasoline service stations. vehicle garages. no vehicle repair work, except emergency work, shall be done out of doors, and no parts, vehicle bodies or junk shall be stored out of doors. (c) Front yard. None required. (d) Side yard. None required. (e) Rear yard. None required. (f) Off-street parking. Off-street parking shall be provided as set out in subsection (h) of section 28-5. (Ord. No. 90-59-3, § 9; Ord. No. 90-62- 14, § 3; Ord. No. 90-69-34, § 1; Ord. No. 90-73-60, § 1; Ord. No. 90-76-67. § L Ord. No. 90-77-71, § 1.) Sec. 28-15. Business "A-1" (BA -1) Districts The following regulations shall apply within each Business "A-1" District: 217 Supp. r7 , 5-78 § 28-16 Atlantic Beach City Code § 28-16 (a) Permitted uses. Within any Business "A-1" District, no building or premises shall be erected, used, arranged or designed to be used, in whole or in part, for other than one or more of the following specified purposes: (1) Any uses specified in sections 28-6, 28-8, 28-10 or 28-11. (2) Hotels and motels. (3) Restaurants (except drive-in restaurants) , cocktail lounges, barbershops, beauty parlors, retail stores and similar businesses operated in conjunction with and within a hotel or motel. (4) Retail sale of gasoline only. (b) Prohibited uses. The following uses shall be prohibited within any Business "A-1" District: (1) Filling stations. (2) Ice delivery stations. (3) Laundries. (4) Amusement park or circus. (5) Vehicle repair garages. (6) Junk yards. (7) Animal hospitals . (8) Open air fruit or vegetable stands. (9) Trailer parks. (c) Off-street parking._ Off-street parking shall be provided as set out in subsection (h) of section 28-5. -(d) Building restriction line. No structure shall be erected nearer than seven and one-half feet to the east 157.65 feet of the south line of the land described in section 1 of Ordinance No. 90-65-21, on file in the office of the city clerk. (Ord. No. 90-65-21, § 2; Ord. No. 90-76-67, § 1.) Sec. 28-16. Business "B" (BB) Districts. The following regulations shall apply in each Business "B" District: 218 Supp. #7, 5-78 § 28-16 Zoning § 28-16 (a) Permitted uses. Within any Business "B" District, no building or premises shall be erected, used, arranged or designed to be used in whole or in part for other than one or more of the following specified purposes: (1) All uses permitted in Residence "A," "B" and "C" Districts- (2) istricts_(2) All uses permitted in Business "A" Districts. (3) Gasoline service station, vehicle repair, garage, amusement park, circus; wholesale or storage of food, fodder, fuel, building material, cotton, wool, paper, furniture, hardware, ice, metal, machinery, paint and similar uses; produce market, steam laundry, cold storage plant, creamery, printing shop, wholesale baker, contractor's yard and other enterprises of similar character not injurious to neighboring property. (b) Prohibited uses. The following uses shall not be permitted within a Business "B" District: (1) Junk yards. (2) Manufacturing uses. 218.1 Supp. #6, 12-76 WES,r r-� PLAZ4 CD WES,r r-� PLAZ4 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING April 15, 1996 Sarah and Charles Bratcher 60 West 10th Street Atlantic Beach Florida 32233 Dear MR. Bratcher: 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, residents 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 TUESDAY, the 7th day of MAY, 1995 AT 7:30 P. M. at Atlantic Beach City Hall, 800 Seminole Road, to answer and be heard to the alleged violations of the following Sections SECTION 12-1-7 AND 12-1-8 OF THE ATLANTIC BEACH CODE OF ORDINANCES. It is alleged that you are in violation of the above enumerated code section(s) in that there exists on the premises located at Bratcher Property Lying Between West 9th St. and W. 10th St., a/k/a lots 1 to 6, Blocks 66 and 67, Section H; Lot 66 RE# 170812-0000; Lot 67 RE#172813-0000, ATLANTIC BEACH, FLORIDA, the following condition(s): abandoned vehicle; outside storage; high grass and weeds; unsound structure. The Code Enforcement Board has the power to levy fines up to $250.00 per day for the first offense and $500.00 for the second _ offense against the property, if a violation is found to exist beyond the date set by the Board for compliance. 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 Trudy Lopanik, Secretary of the Code Enforcement Board within five days of the receipt of this notice at 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. Sin�re y, SECRETARY G. E. MARTI Chairman, Code Enforcement Board