CE 19-018 1198 Mayport Rd Case 19-018 BB Mccormick and Sons 01.rL�1r'f� CITY OF ATLANTIC BEACH
'A 1.f 800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
ti
PHONE (904) 247-5800
1/18/2019
B B MCCORMICK AND SONS INC
124 CYPRESS LAGOON CT
PONTE VEDRA BEACH, FL 32082
Real Estate Number: 170781 0000 Case Number: 19-018
Location of Violation: 1198 MAYPORT RD, Atlantic Beach, Florida
Dear Property Owner:
Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations
governing construction activities and also maintenance standards for property within the City. These
standards are set forth in the International Property Maintenance Code and the Florida Building Code
and are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-
16.
A code enforcement inspection at 1198 MAYPORT RD was conducted on 1/15/2019. The City of
Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic
Beach Code of Ordinances:
VIOLATION CODE: Sec. 24-160. Dumpsters, garbage containers and refuse collection areas and
above ground tanks. (b) Within commercial zoning districts, dumpsters, trash receptacles, above ground
tanks and similar structures and containers shall be screened from view by fencing or landscaping, or
shall be located so that these are not visible from adjacent properties or streets. Above-ground tanks
used to store hazardous, chemical or explosive materials may remain unscreened upon determination by
the Director of Public Safety that a threat to security and public safety may result from screening such
tank(s) from view.
NATURE OF VIOLATION: Two unscreened dumpsters are visible in the parking lot.
This letter requests that the noted violation(s) be corrected by repairing the existing dumpster
enclosure and removing or screening the second dumpster located adjacent to Mayport Road
within ten (10) days of the receipt of this notice.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may
result in this case being referred to the Code Enforcement Board resulting in fines up to two hundred
fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to
contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code
Enforcement at(904) 247-5855 if you have any questions or need additional information.
I, ,hereby swear and affirm that the above statement is true
and accurate.
Sincerely,
Angela Irizarry
CODE ENFORCEMENT
Jas -''��r1v't CITY OF ATLANTIC BEACH
Stx
-- 800 SEMINOLE ROAD
r' s) ATLANTIC BEACH,FL 32233
., PHONE (904) 247-5800
r.1-05319' CERTIFIED MAIL RETURN RECEIPT REQUESTED
7018 2290 0001 0116 7971
4/29/2019
B B MCCORMICK AND SONS INC
124 CYPRESS LAGOON CT
PONTE VEDRA BEACH, FL 32082
Real Estate Number: 170781 0000 Case Number: 19-018
Location of Violation: 1198 MAYPORT RD, 18-34 17-2S-29E 1.214,ATLANTIC BEACH SEC H,
LOTS 1,2(EX R/W)LOTS 3 TO 5 BLK 46, LOTS 1,2 (EX R/W) LOTS 3 TO 5 BLK 47 Atlantic Beach,
Florida
Dear Property Owner:
Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations
governing construction activities and also maintenance standards for property within the City. These
standards are set forth in the International Property Maintenance Code and the Florida Building Code
and are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-
16.
A code enforcement inspection at 1198 MAYPORT RD was conducted on 4/29/2019. The City of
Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic
Beach Code of Ordinances:
VIOLATION CODE: Sec. 24-160. Dumpsters, garbage containers and refuse collection areas and
above ground tanks. (b) Within commercial zoning districts, dumpsters, trash receptacles, above ground
tanks and similar structures and containers shall be screened from view by fencing or landscaping, or
shall be located so that these are not visible from adjacent properties or streets. Above-ground tanks
used to store hazardous, chemical or explosive materials may remain unscreened upon determination by
the Director of Public Safety that a threat to security and public safety may result from screening such
tank(s) from view.
NATURE OF VIOLATION: An unscreened dumpsters is still visible in the parking lot along Mayport
Road.
This letter requests that the noted violation(s) be corrected by screening the dumpster located
adjacent to Mayport Road within thirty (30) days of the receipt of this notice. A permit is required
to install fencing or other screening enclosure.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may
result in this case being referred to the Code Enforcement Board resulting in fines up to two hundred
fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to
contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code
Enforcement at(904) 247-5855 if you have any questions or need additional information.
I, e l0. k2ZQ 2-i21 , hereby swear and affirm that the above statement is true
and accurat
Sincerely,
0-X\t&A-
Angela Irizarry
CODE ENFORCEMENT
. . •os a ervice
CERTIFIED MAIL° RECEIPT
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'1)....M:0, Page 1 of 2
J, .pir . ,
s CITY OF ATLANTIC BEACH, FLORIDA
i.' ` v_}
NOTICE OF HEARING
�/Jiil)r
5/31/2019 Case Number: 19-018
B B MCCORMICK AND SONS INC Certified Mail Return Receipt:
124 CYPRESS LAGOON CT 70171000000069911633
PONTE VEDRA BEACH, FL 32082
Property Address: 1198 MAYPORT RD
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement
Special Magistrate on 7/11/2019 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800
Seminole Road, to answer and be heard on the following alleged violations on the property known as
1198 MAYPORT RD, RE#170781 0000, 18-34 17-2S-29E 1.214,ATLANTIC BEACH SEC H, LOTS
1,2(EX R/W)LOTS 3 TO 5 BLK 46 , LOTS 1,2(EX R/W)LOTS 3 TO 5 BLK 47. The City of Atlantic
Beach adopted the International Property Maintenance Code and the Florida Building Code as part of
the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16.
International Property Maintenance Code/ City Code of Ordinances
Sec. 24-160. Dumpsters, garbage containers and refuse collection areas and above ground tanks. (b)
Within commercial zoning districts, dumpsters, trash receptacles, above ground tanks and similar
structures and containers shall be screened from view by fencing or landscaping, or shall be located so
that these are not visible from adjacent properties or streets. Above-ground tanks used to store
hazardous, chemical or explosive materials may remain unscreened upon determination by the Director
of Public Safety that a threat to security and public safety may result from screening such tank(s) from
view.
STATEMENT OF CODE ENFORCEMENT OFFICER: On 5/31/2019 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 1198 MAYPORT RD. During
the inspection, the undersigned Code Enforcement Officer observed that the property was in violation of
the section listed above in the City of Atlantic Beach Code of Ordinances. The nature of the violation
included: Your property is located in a commercial zoning district and an unscreened dumpsters is
visible in the parking lot along Mayport Road.
If the violation is corrected and then recurs or if the violation was not corrected by the time specified for
correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may
be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior
to the hearing.
Page 2 of 2
You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If
you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please
contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please
note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal
should be secured at your expense.
I, 1e\�Rv?.t.crl , hereby swear and affirm that the above statement
is true and a ate.
(:)0\r
Angela Iri y,
Code Enforcement Officer, City of Atlantic Beach
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CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
ORDER •
CITY OF ATLANTIC BEACH,FLORIDA, Petitioner
vs.
BB MCCORMICK First Class and Certified Mail Return Receipt
AND SONS, INC.,Respondent Requested:70/7 /000 6000 (Act i l$y s
124 CYPRESS LAGOON CT
PONTE VEDRA BEACH, FL 32082 Property Address: 1198 MAYPORT RD
ATLANTIC BEACH,FL
Case Number: 19-018
Real Estate Number: 170781 0000
Legal Description: 18-34 17-2S-29E 1.214, ATLANTIC BEACH SEC H, LOTS 1,2 (EX R/W) LOTS
3 TO 5 BLK 47
ORDER ON CASE NO. 19-018
THIS CAUSE came for public hearing before Code Enforcement Special Magistrate on July 11, 2019,
and the Special Magistrate 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. Respondent owns the property located at 1198 Mayport Road,Atlantic Beach,Florida.
2. Notice was sent by Certified Mailing and that Travis Moore appeared for Respondent at the
hearing.
3. Notification of the violations of the City of Atlantic Beach,were made and served on the
Respondent as evidenced in this hearing.
4. On June 28, 2019,Respondent obtained a building permit to construct a fence to screen the
dumpster that is the subject of the violation.
CONCLUSIONS OF LAW
5. The property is currently in compliance with the Code, and the evidence does not support the
imposition of a fine.
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 no fines shall be levied for the violations identified in the above-referenced case numbers.
DONE AND ORDERED on Julyrn,2019.
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
ATTEST:
Fl°1111/41 /If 1/, ("1--- -•
Lori Diaz, Records ler J- T. Branham, Special Magistrate
7- 5
Executed this day of / , 2019.
PLEASE NOTE: Florida Statutes, Section
162.11, states that an appeal of this order shall
be filed in circuit court within thirty(30)days of
this order's execution.
U.S. Postal Service'"'
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