05-01-01 CEB Case No. 075-01 ViolationCODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
(May 1, 2001)
DEFENDANT: Mr. Benjamin Brown, Jr.
CASE NO. 075-01
RE: VIOLATION(S) OF Chapter 12, Section 12-1 (b) (7) and Chapter 24,
Section 24-104, of the Code of the City of Atlantic Beach, Outside Storage of
Miscellaneous Materials and Operation of a Junkyard in Residental District.
LEGAL DESCRIPTION: 457 Sailfish Drive, a/k/a Lot 1, Block 27, Royal
Palms Unit 2A RE# 171374-0000.
The Code Enforcement Board has heard testimony at the Code Enforcement Board hearing held
the 1st day of May, 2001, and based on the evidence, the Code Enforcement Board enters the
following FINDINGS OF FACT, CONCLUSIONS OF LAW:
FINDINGS OF FACT
Code Enforcement Officer Alex Sherrer prior to the Code Enforcement Board Hearing, reported
the property had been brought into compliance. Mr.Benjamin Brown was found to be violation
of Chapter 12-1 (b) (7), for outside storage of Miscellaneous Materials and Chapter 24, Section
24-104 Operation of a Junkyard in a Residental District of the City Code. The Code Enforcement
Board voted to fine Mr. Benjamin Brown $5,000.00 as a repeat violator of Chapter 12-1 (b) (7)
and also $2,500.00 as a repeat violator of Chapter 24, Section 24-104 under the Florida Statue
162.09 (2). The Code Enforcement Board voted not to levy the fine at this time, but instructed
Mr. Benjamin Brown that if in the future, he was again found to be in violation, the $7,500.00
fine will be instated. The Board directed that these fines be deferred pending any repeat
violations and that they be levied independent to any additional board actions. The Board
assessed Mr. Benjamin Brown administrative expenses of $815.50 to be paid within 90 days.
Re: Mr. Benjamin Brown
Case No. 075-01
Re#: 171374-0000
May 1, 2001
CONCLUSIONS OF LAW
There was competent, substantial evidence presented to support a finding of a violation of the
Ordinance Code as charged.
It is the Order of this Board that Mr. Benjamin Brown shall comply with the, Findings of Fact, as
stated above. If , in the future, Mr. Benjamin Brown is again found to be in violation of these
Codes, the $7,500.00 fine will be instated.
If Mr. Benjamin Brown does not comply within the time as specified, a certified copy of this
Order, or a Claim of Lien, shall be recorded in the public records of the Office of the Clerk of the
Circuit Court in and for Duval County, and once recorded shall constitute a lien against the
property upon which the violation exists, or if you do not own the land, upon any other real or
personal property owned by you, pursuant to Chapter 162, Florida Statutes.
DONE AND ORDERED THIS 15` DAY OF May, 2001.
A ST: Q�a�lz
Curtis M 56nders, Jr. Chairman
Code Enforcement Board
Secretary