2003 Case No. CEB 537-03F"
F."
PQ
elo-�
cr
llk�
00
(D
=3
3
0
6'i
N
O
O
W
N
O
O
W
PQ
CD
CD
W
NJ
CD
CD
W
s fP
tA"t{
tft ,eb t¢
_ � �,a{F �l t. i< F,n r 'Z��� � �r � a/ �S::y,♦Fi��.�r,�v. k -
NO
I —.✓=' 4'�bh; ����� w. 4 }naf y,.�x ry � � F �� .� � ,�♦ ��r�� t'}. '.
zroC.
d q
YM `�' a•�,
A
S
.{ z
d ;
CIN ZlWt
I
s
i
s fP
tA"t{
tft ,eb t¢
_ � �,a{F �l t. i< F,n r 'Z��� � �r � a/ �S::y,♦Fi��.�r,�v. k -
NO
I —.✓=' 4'�bh; ����� w. 4 }naf y,.�x ry � � F �� .� � ,�♦ ��r�� t'}. '.
zroC.
d q
YM `�' a•�,
A
S
.{ z
d ;
CIN ZlWt
P
� i
s fP
tA"t{
tft ,eb t¢
_ � �,a{F �l t. i< F,n r 'Z��� � �r � a/ �S::y,♦Fi��.�r,�v. k -
NO
I —.✓=' 4'�bh; ����� w. 4 }naf y,.�x ry � � F �� .� � ,�♦ ��r�� t'}. '.
zroC.
d q
YM `�' a•�,
A
S
.{ z
d ;
q
NJ
O
O
W
rn"i
lV
C
m�
tV
--s
0
�t1
✓�
N
O
O
CD 0
CD
— LatD O O
Cl)O
CD IW 0
=r CD = CA O
O00
M,O ySQON Q�nQO o
CD -h CD to Cr Cr N' CL �' 2)n O r.
CD CL
CD Cl) 03
CD 0 CL
CD
O Q; L CD = r,. cn O
cn
CD
D CD ai r N N O M Sy a
rItL
CD r
cD0' W ry- O O CD
-.
CDCA 5-
0 �•N� LK �= CD � N OCD M'CD
CD 0 CL 0
c V
ry. O -• Cl) -• CD ry- = O tj tQ 2)
CD M � O O � y 0 N CD Q
0 CL 0 CD
pi a' O �• � r4. CD O CD
tI� (Q cn ma 'a NCD
0 O 0 40
O CD �- M-+ rIlL < O NCQ 9 <
-
CD Cr FD" co N 2) -h V 0
CD O O0 -s
N 'z
h
t'SENDER:
v
■Complete items 1 and/or 2 for additional services.
.�.�.. C3o
I also Wish to receive the
_
h
w
■Complete items 3, 4a, and 4b.
■ Print your name and address on the reverse of this form so that we can return this
following services (for an
extra fee):
card to you.
■Attach this form to the front of the mailpiece, or on the back if space does not
1. E3 Addressee's Address
ai
L
d
permit.
■ Write'Return Receipt Requested' on the mailpiece below the article
number.
2. 13Restricted Delivery
to
M
o
■The Return Receipt will show to whom the article was delivered and the date
delivered.
Consult postmaster for fee.
rO
Certified Fee
3. Article Addressed to:
4a. Article Number
$
gown Tr'
7oo1 INN 0008382.?,foYGC
ohj4"`'n
�%
-0- 0p x 51!5/3
4b. Service Type11
❑ Registered 2 Certified
Return Receipt Fee
(Endorsement Required)
W
J d�G�CSovtVl (� QGC�1 �h .
❑Express Mail ❑Insured
o
EI Return Receipt for Merchandise ❑ COD
L
a3��(rp
-1613
7. Date of Delivery
z
p
(Endorsement Required)
o
a:
p
5. Received By: (Print Name)
8. Addressee's Address (Only if requested
Total Postage i£ Fees
Is
and fee is paid)
L
6. Signature: (Addressee or Agent)
F-
o
0
N
X
__...
a
m
M
ru
ro
M
O
C3
E3
r -q
a
r7
O
0
r`
PS Form 3811, December 1994 Domestic Return Receipt
7 71
.�.�.. C3o
_
.� 0
m
M
M
Postage
$
riJ
nj
S to
rO
Certified Fee
Postmark
OM
Return Receipt Fee
(Endorsement Required)
Here
E3
O
Restricted Delivery Fee
O
p
(Endorsement Required)
O
O
Total Postage i£ Fees
Is
,a
-- '-q
rq
�
Sent To {�
'tre ,W -,min-- I�ro / n Jr.
--------------- ---------------------------------------•------------
pt. No.;
�Street,
�nnn%
or, PO Box No. V ' , r3o 5.1 C' ?
----------------- ........... City, State ZIP+4
:rr r.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
Petitioner,
VS. CASE NO.: 537-03
BENJAMIN BROWN, JR.,
Respondent
ORDER IMPOSING FINE
THIS CAUSE came for public hearing before the Code Enforcement Board on October 15, 2003,
and the Board having heard testimony under oath, received evidence, and heard arguments respective to all
appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows:
FINDINGS OF FACT
1. That Benjamin Brown Jr. is the owner of record of the property located at 457 Sailfish Drive,
Atlantic Beach, Florida, RE# 171374-0000.
2. That notice was served on October 3, 2003 and that he was present at the hearing.
3. That previous notifications of the violation of Chapter 12, Sec 12-1 (b)(7) OUTSIDE
STORAGE OF MISCELLANEOUS MATERIALS; Chapter 12, Sec 12-1 (b) (3)
ALLOWING EXCESSIVE GROWTH OF WEEDS; Chapter 24, Sec 24-104 CONDUCTING
A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT, were made and served on the
Property Owner as evidenced in this hearing.
CONCLUSIONS OF LAW
That Benjamin Brown, Jr. is guilty of violating Chapter 12, Sec 12-1 (b)(7) OUTSIDE
STORAGE OF MISCELLANEOUS MATERIALS; Chapter 12, Sec 12-1 (b) (3)
ALLOWING EXCESSIVE GROWTH OF WEEDS; Chapter 24, Sec 24-104 CONDUCTING
A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT and has failed to correct such
violation as of this hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the
authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of
Atlantic Beach, Florida it is Ordered:
THAT the Respondent be found guilty for non-compliance, and as a repeat violator be
fined the full $7,500.00 originally set aside during the hearing of May 1, 2001.
THAT the Respondent be granted until October 31, 2003 to bring his property into full
compliance and that a fine of $500.00 a day be imposed for every day after that, and that any
future violations will result in a $500.00 a day fine per violation starting with the first day of
notification.
THAT the Respondent is unlicensed and cannot be licensed to conduct a salvage business
in a residential district and be forbidden from bringing any scrap metal, junk cars or any other
salvage materials onto the property at 457 Sailfish Drive.
THAT the Respondent be assessed full administrative costs of $549.62 for conducting
this hearing, per Florida Statute 162.07 (2) and be given 1 month to pay all fines and fees
assessed and failing to make payment a lien be placed against the property of 457 Sailfish
Drive. All lien amounts are to be made payable with interest at a rate of ten (10) percent per
annum from the date of certification until paid. Total of fines and administrative costs to be
paid are $8,049.62.
Failure to comply with this Order within the specified time will result in the recordation
of this Order, which constitutes a lien upon any real or personal property owned by the
violators. If such lien is filed, you will be assessed all costs incurred in recording and
satisfying this lien.
The Code Enforcement Board is authorized to collect, or settle said lien using any legal
or equitable remedies available, after three (3) months from the filing of any lien, which
remains unpaid.
This Order becomes self-executing upon an Affidavit of Non -Compliance being filed
with the City Clerk's Office and a hearing shall not be necessary.
DONE AND ORDERED THIS 15" day of October, 2003.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
By: & (Aa --,J / ,, /.
Richard Mann, Vice -Chairman
Attest:
E len LaVake, Secretary
ATTENTION: It is your responsibility to notify Alex Sherrer, Code Enforcement Officer,
at 247-5855 and satisfactorily demonstrate that the violation has been corrected.
INVOICE
City of Atlantic Beach
Attention: Cashier
800 Seminole Road
Atlantic Beach, FL 32233
(904) 247-5800
TO: Benjamin Brown
P.O. Box 51513
JAX BEACH, FL 32250
INVOICE NO: 105
DATE: 10/16/03
CUSTOMER NO: 115/558 --TYPE: CE - Code Enforcement
---------------------
--------------
---QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE
--- -------------------------
-------------- -----------------
1.00 Code Enforcement Fines
Fines $7,500.00
Adminstrative fees 549.62
Total $8,049.62
8,049.62 8,049.62
TOTAL DUE: $8,049.62
PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE
DATE: 10/16/03 DUE DATE:11/17/03 NAME: Brown, Benjamin
CUSTOMER NO: 115/558 TYPE: CE - Code Enforcement
REMIT AND MAKE CHECK PAYABLE TO:
City of Atlantic Beach
Attention: Cashier
800 Seminole Road
Atlantic Beach FL 32233
INVOICE NO: 105
TERMS: NET 30 DAYS AMOUNT: $8,049.62
Mr. Benjamin Brown Jr
457 Sailfish Dr
Atlantic Beach, FL 32233
Case # 537-03
Imposed Fine: $7,500.00
Administrative Fees: $549.62
Total Amount Due $8,049.62
effete
Thirty (3 0) days to pay total amount assessed. Failure to pay will
result in lien being placed on property at 457 Sailfish Dr for any
amount owed at a simple interest rate of 10% per year.
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT DIVISION
800 Seminole Road
Atlantic Beach, Florida 32233
PHONE: 247-5855
PSLANT�`,
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT DIVISION
800 Seminole Road
Atlantic Beach, Florida 32233
PHONE: 247-5855
COURTESY COURTESY
NOTICE OF VIOLATION NOTICE OF VIOLATION
DATE 12-% O TIME DATE _ZZ� 3 TIME
OWNER/OCCUPANT
ADDRESS
THE INSPECTION MADE OF THE ABOVE PREMISES
THIS DATE DISCLOS)D YOU WERE IN VIOLATION OF
ORDINANCE: / Z -
I�E E A9//e,-,-o-
OF THE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA.
YOU CAN COMPLY BY ��/� Ile
Yqr
WITHIN DAYS OF THIS NOTICE
THIS IS A COURTESY NOTICE IN ORDER TO MAKE
YOU AWARE OF A VIOLATION OF THE CITY CODE
OF ATLANTIC BEACH. IF YOU HAVE ANY QUESTIONS
OR WOULD LIKE ADDITIONAL INFORMATION
PERTAINING TO THIS NOTICE, PLEASE CALL
ATLANTIC BEACH CODE ENFORCEMENT OFFICE.
CE# G
CODE ENFORCEMENT OFFICER
OWNER/ OCCUPANT
.Sg./�/s� Tyr
ADDRESS
THE INSPECTION MADE OF THE ABOVE PREMISES
THIS DATE DISCLOSED YOU WERE IN VIOLATION OF
ORDINANCE: /Z - `
OF THE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA.
YOU CAN COMPLY BY
ew
WITHIN DAYS OF THIS NOTICE
Ak� G9r
THIS IS A COURTESY NOTICE IN ORDER TO MAKE
YOU AWARE OF A VIOLATION OF THE CITY CODE
OF ATLANTIC BEACH. IF YOU HAVE ANY QUESTIONS
OR WOULD LIKE ADDITIONAL INFORMATION
PERTAINING TO THIS NOTICE, PLEASE CALL
ATLANTIC BEACH CODE ENFORCEMENT OFFICE.
RECEIVED BY ; RECEIVED BY
CE#
CODE ENFORCEMENT OFFICER
CITY OF ATLANTIC BEACH
C.B. Date: October 15, 2003 Defendant: MR. BENJAMIN BROWN JR
Case # 537-03 Location: 457 SAILFISH DRIVE
A/K/A LOT 1, BLOCK 27, ROYAL PALMS UNIT 2A
RE# 171374-0000
Violation:
CHAPTER 12, SECTION 12-1 (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS
CHAPTER 12, SECTION 12-1 ((b)(3): ALLOWING EXCESSIVE GROWTH OF WEEDS
CHAPTER 24, SECTION 24-104: CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT
Owner Occupied: X Rental: Homestead: Yes X No
Code Enforcement Board Members:
1. Inspection of the property revealed that a violation of the
Code of the City of Atlantic Beach is present. Ownership of
the property was determined through:
Tax Records x Title Search Other
2. The code #(s) and nature of the violation(s) discovered are:
CHAPTER 12, SECTION 12-1 (b)(7): OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS
CHAPTER 12, SECTION 12-1 (b)(3): ALLOWING EXCESSIVE GROWTH OF WEEDS
CHAPTER 24, SECTION 24-104: CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL
DISTRICT
3. The inspection was prompted as a result of a:
Complaint X Routine Inspection _ Other
4. A violation notice was issued to the owner/occupant on: JUNE 25, 2003
5. Notice to the owner -occupant was achieved by:
Certified Mail Hand Delivery Posting of Property. X The method of service
meets with requirements of Florida Statutes 162-12.
6. 1 did X did not speak with the owner someone in charge of the property
concerning the violations.
7. Brief description of conversation:
June 25, 2003, Code Enforcement Officer Sherrer, spoke with Mr. Brown about the condition of his
property, during which Mr. Brown assured me that he would correct the violations in the time
allotted. The Courtesy Notice of Violation was issued with 14 days to comply.
8. The latest inspection was made September 16, 2003 as a result of following up on the original
complaint(s).
9. The violation(s) is still present X in compliance _.
PAGE 2
CODE PRESENTATION SHEET
10. In order to achieve compliance, it is necessary to correct all of the violations and maintain the
property:
Maintain the property at 457 Sailfish Dr in a manner that prohibits it from becoming a
detriment to the community, by properly maintaining the lawn and not using the property for
the storage of junk and rubbish.
11. 1 do X do not have photographs of the property and violations as they existed on the
property. They represent a fair and accurate representation of the property at the time they were taken.
12. 1 would estimate that 7 day(s) would be sufficient time to correct the violation.
13. Further Comments:
Mr. Brown, previously appeared before the Code Enforcement Board on numerous occasions:
September 8, 1998: Found in violation Chapter 12, Sec12-1-3 Weeds and Rubbish, no fine
imposed because property had been brought into compliance, board voted to impose a
$100.00 a day fine if found in non-compliance again, fine to commence from first notification
until brought into compliance
September 7, 1999: Found in violation of Chapter 12, Sec 12-1-7 Illegal outside storage,
assessed administrative fees only, board voted $250.00 a day fine if not brought into
compliance, accrued to $4,500.00. Board voted to impose a $500.00 a day fine, fine to
commence from first notification until brought into compliance. Fine accumulated to
$4,500.00
January 11, 2000: Found in violation of previous Board order, $4,500 fine reduced to $325.00
plus administrative fee of $174.58. Compliance was never verified because of privacy fence
installation.
May 1, 2001: Found in violation and fined a total of $7,500.00 as a repeat offender of Chapter
12, Sec 12-1 (b) (7) illegal outside storage, and Chapter 24, Section 24-104 operating a
junk/salvage business in a residential neighborhood. All fines were deferred pending any
future violations. Assessed $815.50 in administrative fees.
Since the hearing of May 1, 2001 Mr. Brown has been issued 19 Courtesy Notices of Violation
for not properly maintaining his property, 5 for illegal outside storage of rubbish and 3 for an
unkempt lawn. Many times the rubbish removal could not be verified because Mr. Browns
because privacy fencing which had fallen down was either repaired or added to. Many of
these notices were issued as a result of anonymous complaints, the complaints continue and
so have the violations.
Recommendations:
That Mr. Brown be found guilty for non-compliance, and be fined the full $7, 500.00
originally set aside during the hearing of May 1, 2001 be imposed.
I recommend that Mr. Brown be given until October 31, 2003 to bring his property into full
compliance and that a fine of $500.00 a day be imposed for every day after that, and that
any future violations will result in a $500.00 a day fine per violation starting with the first
day of notification.
As Mr. Brown is unlicensed and cannot be licensed to conduct a salvage business in a
residential district, and as the evidence shows that Mr. Brown still continues to conduct
business by sorting material on his property. I recommend that he be forbidden from
bringing any scrap metal, junk cars or any other salvage materials onto the property at 457
Sailfish Drive.
Furthermore, Mr. Brown be assessed the full administrative costs of $549.62 for
conducting this hearing, per Florida Statute 162.07 (2) and be given 3 months to pay all
fines and fees assessed and failing to make payment a lien be placed against the property
of 457 Sailfish Dr for the total assessment plus all costs incurred for the filing of the lien.
All lien amounts are to be made payable with interest at a rate of ten (10) percent per
annum from the date of certification until paid. Total of fines and administrative costs to
be paid are $8,049.62.
Respectfully submitted,
K � V —,
Alex Sherrer
Code Enforcement Officer
Code Enforcement Administrative Charges for Presentation to the Board
Pursuant to Florida Statute 162.07 (2) the following charges for prosecuting this case before the Code
Enforcement Board shall be charged to the violator provided he or she are found in violation.
Code Enforcement Board Meeting: September 9, 2003
Case Number; 537-03: Mr. Benjamin Brown, 457 Sailfish Dr, Atlantic Beach, FL 32233
Code Enforcement Officer, $ 20.83 per hour x 16 hours = $333.28
Code Enforcement Secretary, $ 23.97 per hour x 2 hours = $ 47.94
Code Enforcement Attorney, $ 125.00 per hour x 1 hours = $125.00
Copies, Xerox $ .10 x 434 pages = 43.40
Total Charges $549.62
September 25, 2003
",W -A
Alex Sherrer
Code Enforcement Officer
MEMO TO: CODE ENFORCEMENT BOARD MEMBERS
ALAN JENSEN, CITY ATTORNEY
SUZANNE GREEN, PROSECUTING ATTORNEY
ALEX SHERRER, CODE ENFORCEMENT OFFICER
FROM: ELLEN LAVAKE, SECRETARY
REFERENCE: SPECIAL CALLED CODE ENFORCEMENT BOARD
MEETING
OCTOBER 15, 2003
DATE: OCTOBER 7, 2003
There will be a special called meeting of the Code Enforcement Board on Wednesday,
October 15, 2003 at 7:00 P.M. in the Commission Chambers at City Hall. Enclosed are
your agenda packets, a copy of the minutes of the meeting held September 17, 2003, and
the Findings of Fact from the meeting held September 17, 2003.
There will be hearings regarding violations as follows:
1St CASE: MR. BROWN, REPEAT OFFENDER: Chapter 12, Section 12-1(b)(7):
OUTSIDE STORAGE OF MISCELLANEOUS MATERIALS; Chapter 12, Section 12-
I (b)(3): ALLOWING EXCESSIVE GROWTH OF WEEDS; Chapter 24, Section 24-
104: CONDUCTING A SALVAGE BUSINESS IN A RESIDENTIAL DISTRICT.
2°`' CASE: MR. WON: Chapter 24, Section 24-160(b): FAILURE TO MAINTAIN A
PROPER DUMPSTER ENCLOSURE.
If you are unable to attend the meeting, please contact me at 247-5810
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA,
Petitioner,
VS.
CASE NO.: 1331-02
HARTSON G. AND VALDA HECTOR.
Respondents.
AFFMAVT O F NONC OMP1.1AN(?/SE I -Q L0 x'2_5
STATE OF FLORIDA
COUNTY OF DUVAL
BEFORE ME this day personally appeared ALEX SHERRER, who by me being first
duly sworn and cautioned deposes upon his oath and says:
1. I am the Code Enforcement Officer for the City of Atlantic Beach, have personal
knowledge of the facts and circumstances set forth in this Affidavit, and am competent to testify to
said facts and circumstances.
2. Pursuant to an Order Imposing Fine entered in the above -styled case by the City of
Atlantic Beach Code Enforcement Board on September 17, 2003, the Respondents was to do the
following:
(a) Respondents was granted until September 30, 2003, to bring his property in
full compliance and that a fine of $250.00 a day be imposed for every day after that until
compliance is met, or a lien would be placed on his property located at 387 Skate Road, Atlantic
Beach, Florida 32233.
(b) Respondent was given three (3) months to pay all fines assessed and failing
to make a payment a lien would be placed against said property as described above in the total of all
fines, plus $605.03 in assessed fees to be paid over 12 months.
3. I hereby certify that the Respondents, Hartson G. and Valda Hector, failed to comply
with the terms and provisions of the Order Imposing the assessed fine dated September 17, 2003.
4. Each and every statement contained herein is true and correct.
110601e,
ALKXSHERRER
Code Enforcement Officer, City of Atlantic Beach
Sworn to and subscribed before me this day of November, 2007, by ALEX SHERRER,
who is personally known to me and who did take an oath.
' P` DONNA L BUSSEY
MY COMMISSION # DD 412624
'a EXPIRES: March 30, 2009
BmW ihru Notary Pubic Underwr tars
y�oc
Notary Public, State of Florida
at large.®
My commission expires: A'1A',x
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
Petitioner,
VS. CASE NO.: 1331-02
HARTSON G. and VALDA HECTOR,
Respondents
ORDER IMPOSING FINE
THIS CAUSE came for public hearing before the Code Enforcement Board on September 17,
2003, and the Board having heard testimony under oath, received evidence, and heard arguments respective
to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as
follows:
FINDINGS OF FACT
1. That Hartson G. and Valda Hector are the owners of record of the property located at 387
Skate Road, Atlantic Beach, Florida, RE# 171670-0000-7.
2. That notice was served on August 25, 2003 and that they were not present at the hearing.
Mr.Lincoln Casimir was present as an authorized representative for Valda Hector.
3. That previous notifications of the violation of Chapter 6, Sec 6-16 FAILURE TO PROCURE
A BUILDING PERMIT PER FLORIDA BUILDING CODE; Chapter 24, Sec 24-151 (b) (1)
h ACCESSORY STRUCTURE EXCEEDING 150 SQUARE FEET; Chapter 24, Sec 24-104
(e) (2) STRUCTURE WITHIN 20 -FOOT REAR SETBACK; and Chapter 24, Sec 24-49 (8)
FAILURE TO COMPLY WITH A COMMUNITY DEVELOPMENT BOARD ORDER,
were made and served on the Property Owners as evidenced in this hearing.
CONCLUSIONS OF LAW
That Hartson G. and Valda Hector are guilty of violating Chapter 6, Sec 6-16 FAILURE
TO PROCURE A BUILDING PERMIT PER FLORIDA BUILDING CODE; Chapter 24, Sec
24-151 (b) (1) h ACCESSORY STRUCTURE EXCEEDING 150 SQUARE FEET; Chapter
24, Sec 24-104 (e) (2) STRUCTURE WITHIN 20 -FOOT REAR SETBACK; and Chapter
24, Sec 24-49 (8) FAILURE TO,COMPLY WITH A COMMUNITY DEVELOPMENT
BOARD ORDER and have failed to correct such violation as of this hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the
authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of
Atlantic Beach, Florida it is Ordered:
THAT the Respondents be granted until September 30, 2003 to bring the shed into
compliance. Failure to comply will result in a $250.00 a day fine for every day past
September 30, 2003.
THAT the Respondents be assessed $605.03 in administrative fees and be permitted to
make payments over a 12 month period. The first payment will be due October 2003 at
$50.00 per month with a final payment of $55.03. Furthermore, failure to make a payment
will result in a lien being filed on the property at 387 Skate Road. Said lien is to include all
remaining fees plus costs for filing.
Failure to comply with this Order within the specified time will result in the recordation
of this Order, which constitutes a lien upon any real or personal property owned by the
violators. If such lien is filed, you will be assessed all costs incurred in recording and
satisfying this lien.
The Code Enforcement Board is authorized to collect, or settle said lien using any legal
or equitable remedies available, after three (3) months from the filing of any lien, which
remains unpaid.
This Order becomes self-executing upon an Affidavit of Non -Compliance being filed
with the City Clerk's Office and a hearing shall not be necessary.
DONE AND ORDERED THIS 17`x' day of September, 2003.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFFeRCEMENT BOA
Curtis Sand s, Jr., �Chai
Attest:
Ellen LaVake, Secretary
ATTENTION: It is your responsibility to notify Alex Sherrer, Code Enforcement Officer,
at'247-5855 and satisfactorily demonstrate that the violation has been corrected.
CITY OF ATLANTIC BEACH
C.B. Date: September 17, 2003 Defendants: MR. HARTSON G. HECTOR & MRS VALDA HECTOR
Case # 1331-02 Location: 387 SKATE RD
A/K/A 31-016 38 -2S -29E USD3 R/P OF PT OF ROYAL PALMS
UNIT 2A LOT 2 BLOCK 24 VALDA D O/R BK7196-4
RE# 171670-0000-7
Violations:
CHAPTER 6, SEC 6-16 FLORIDA BUILDING CODE AS ADOPTED, NO BUILDING PERMIT, NO INSPECTIONS
a. Florida Building Code Section 104-1 (permit application)
b. Florida Building Code Section 105.6 (required inspections)
CHAPTER 24, SEC 24-151 (b) (1) h. ACCESSORY STRUCTURE EXCEEDS 150 SQUARE FEET
CHAPTER 24, SEC 24-104 (e) (2) STRUCTURE WITHIN THE 20 -FOOT REAR YARD SET BACK
CHAPTER 24, SEC 24-49 (8) FAILURE TO COMPLY WITH COMMUNITY DEVELOPMENT BOARD
Owner Occupied: X Rental: Homestead: Yes X No
Code Enforcement Board Members:
1. Inspection of the property revealed that a violation of the
Code of the City of Atlantic Beach is present. Ownership of
the property was determined through:
Tax Records x Title Search Other
2. The code #(s) and nature of the violation(s) discovered are:
CHAPTER 6, SEC 6-16 FLORIDA BUILDING CODE AS ADOPTED, NO BUILDING PERMIT, NO INSPECTIONS
a. Florida Building Code Section 104-1 (permit application)
b. Florida Building Code Section 105.6 (required inspections)
CHAPTER 24, SEC 24-151 (b) (i) h. ACCESSORY STRUCTURE EXCEEDS 150 SQUARE FEET
CHAPTER 24, SEC 24-104 .(e) (2) STRUCTURE WITHIN THE 20 -FOOT REAR YARD SET BACK
CHAPTER 24, SEC 24-49 (8) FAILURE TO COMPLY WITH COMMUNITY DEVELOPMENT BOARD
3. The inspection was prompted as a result of a:
Complaint X Routine Inspection_ Other
4. A violation notice was issued to the owner/occupant on: July 17, 2002
5. Notice to the owner -occupant was achieved by:
Certified Mail Delivery X Posting of Property. The method of service meets with
requirements of Florida Statutes 162-12.
6. 1 did X did not speak with the owner X someone in charge of the property
concerning the violations.
PAGE 2
CODE PRESENTATION SHEET
7. Brief description:
a. June 7, 2002 the Building Department posted the property at 387 Skate Rd with a Stop Work
Order for work being conducted without the proper permits or inspections. Mrs. Hector had
converted a l Oft X 17ft shed located in her backyard into a 22ft X 17ft (374 Sq Ft) apartment.
b. June 28, 2002 the Building Department re -posted the Stop Work Order after discovering that
the original Order had been removed and that work was continuing.
c. July 7, 2002 a joint inspection was conducted by the Building Department and Code
Enforcement Officer, the Stop Work Order had been removed once more. Mrs. Hector was
issued a work list by the Building Department and the property was re -posted with a Stop Work
Order
d. July 17, 2002 the Code Enforcement Officer discovered that the. Stop Work Order had been
removed and that the violations were still unresolved. A formal Notification of Violation was
issued to the tenant Mrs. Hector shared her home with.
e. Mrs. Hector and her brother met with the Building and Zoning Department several times in an
effort to resolve the violations, but failed to follow through.
f. July 24; 2002 electrical power and water were secured by the Building Department.
g. September 9, 2002 Mrs. Hector approached the City Commission to express her case, Mrs.
Hector told to apply for a variance for her shed, Code Enforcement action curtailed pending
Community Development Board decision.
h. November 8, 2002 because several violations remained unresolved, and no variance had been
applied for, a second Notification of Violation was drafted and mailed Certified Return Receipt,
but was returned on December 4, 2002
L_ December 4, 2002 notification was hand delivered to Mrs. Hector By the Code Enforcement
-Officer.
j. December 30, 2002 Mrs. Hector applied for and received permission to make partial payments
in applying for a variance for her shed.
k. May 20; 2003 in Mrs. Hector's presence, the Community Development Board denied her
request and told her she had 30 days to make the shed as original. Written confirmation of the.
boards decision were mailed certified return receipt on June 3, 2003 and June 24, 2004, both
were returned for non-delivery.
1. July 23, 2003 after several attempts to deliver the Community Development Orders, both letters
were posted at Mrs. Hectors Residence.
m. July 24, 2003 Inspection of the property revealed that the posted letters had been removed.
n. July 30, 2002 Atlantic Beach Police hand delivered copies of Community Development Order
to Mrs. Valda Hector.
8. The latest inspection was made August 12, 2001 as a result of following up on the original complaint(s).
9. The violations involving the non -permitted enlargement of the shed are still present X .
10. In order to achieve compliance, it is necessary to correct all of the violations and maintain the property:
By making the existing shed as original by removing the section that was added on
11. I do X do not have photographs of the property and violations as they existed on the
property. They represent a fair and accurate representation of the property at the time they were taken.
12. 1 would estimate that 7 days would be sufficient time to correct the violations.
PAGE 3
CODE PRESENTATION SHEET
13. Further Comments:
14 Summary:
The Code Enforcement Officer, Building Department and Zoning Department have been working with
Mrs. Hector for over a year, she has yet to bring her property into full compliance, stop work orders
were removed, and work continued until it became necessary for the Building Department to secure
the power and water on July 24, 2002. She has ignored the Community Development Board's Orders
and has refused to accept correspondence mailed to her residence.
15 Recommendations:
That Mrs. Hector be directed to mak the shed as original within 7 days and that the City of
Atlantic Beach be directed to contract for the demolishment of the shed if Mrs. Hector fails to
bring it into compliance after the 71th day. That all costs for the shed's removal be charged to
Mrs. Hector at a cost of the contracted price plus a charge equal to 100% of the cost of the work
to cover the City's administrative costs. Should Mrs. Hector correct the violation after the 71' day
but before contracted services can commence demolition, I recommend that she be fined
$250.00 per day for every day past 7 seven days.. Furthermore I recommend that Mrs. Hector be
assessed the full administrative costs of conducting this hearing ($820.89), per Florida Statute
162.07 (2) and that all fines and administrative fees be paid within 30 days. If not paid within 30
days after receipt of billing, the invoice amount plus advertising costs will be posted as a lien on
the property.
Respectfully submitted,
Alex Sherrer
Code Enforcement Officer
Code Enforcement Administrative Charges for Presentation to the Board
Pursuant to Florida Statute 162.07 (2) the following charges for prosecuting this case before the Code
Enforcement Board shall be charged to the violator provided he or she are found in violation.
Code Enforcement Board Meeting: September 9, 2003
Case Number; 1331-02: Mrs. Valda Hector, 387 Skate Rd, Atlantic Beach, FL 32233
Code Enforcement Officer, $ 20.83 per hour x 8 hours = $166.64
Zoning Official $ 36.45 per hour x 2 hours = $ 72.90
Building Official $ 46.06 per hour x 3 hours = $ 138.18
Building Inspector $ 27.88 per hour x 2 hours = $" 55.76
Code Enforcement Secretary, $ 23.97 per hour x 3 hours = $ 71.91
Code Enforcement Attorney, $ 125.00 per hour x '2 hours = $250.00
Postage, Certified Mail, $ 4.42 x 5 = $ 22.10
Copies, Xerox $ .10 x 434 pages = 43.40
Total Charges $820.89
September 9, 2003
Alex herrer
Code Enforcement Officer