CE 550 Royal Palms Drive Case #19-134 0 :"r, CITY OF ATLANTIC BEACH
„tot
800 SEMINOLE ROAD
r' ATLANTIC BEACH, FL 32233
PHONE (904)247-5800
6/5/2019
AVERITT BARRY
3010 S 3RD ST SUITE B
JACKSONVILLE BEACH, FL 32250
Real Estate Number: 171517 0000 Case Number: 19-134
Location of Violation: 550 ROYAL PALMS DR, 31-16 17-2S-29E, R/P OF PT OF ROYAL PALMS
UNIT 2 A, LOT 22 BLK 17 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 were adopted as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II,
Section 6-16.
A code enforcement inspection at 550 ROYAL PALMS DR was conducted on 6/4/2019. 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. 24-173. Neighborhood preservation and property maintenance standards.
(b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street
or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the
following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings,
automotive parts, old tires, construction materials, and broken and abandoned items.
NATURE OF VIOLATION: A large pile of concrete and vegetation debris is being stored in the back
yard along the rear property line.
This letter requests that the noted violation(s) be corrected by removing the debris within thirty
(30) 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 Special Magistrate 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, n Q\ 152\?C , hereby swear and affirm that the above statement is true
and accura�
Sincerely,
a-)y\e0._. t.,c),}„,
Angela Iri
CODE ENFORCEMENT
AVERITT & ALFORD, P.A.
Specializing in Mergers&Acquisitions
and Commercial Real Estate
3010 South Third Street,Suite B
Jacksonville Beach, FL 32250
Angela Irizarry
Code Enforcement- City of Atlantic Beach
800 Seminole Rd.
Atlantic Beach, FL 32233
BARRY C. AVERITT
July 3, 2019
Via Hand Delivery
Angela Irizarry
Code Enforcement—City of Atlantic Beach
800 Seminole Rd.
Atlantic Beach, FL 32233
Re: Real Estate No. 171517 0000 Case No. 19-134
Dear Ms. Irizarry:
Thank you for sending the above-referenced Notice of Violation to me. I was unaware that
this rubble was dumped into the backyard of my property at 550 Royal Palms Dr.,as this is a rental
property of mine. It appears that the neighbor at the adjacent property, 463 Sargo Rd., performed
extensive renovations to his home, and I suspect the waste came from his property. My tenant
reported to me that he saw a Bobcat skid steer moving materials in the backyard in connection
with the work performed to our neighbor's property. Attached is a list of the applications and
building permits, etc. we requested for the construction work at 463 Sargo Road, which we
received from the Atlantic Beach Building Department.
In February this year, my tenant reported that the same neighbor asked my tenant for
permission to remove a tree from my property.My tenant told the neighbor to contact me and gave
him my law firm's phone number. I was never contacted and never gave consent,however the tree
was removed. My tenant took photos of the tree being removed(copy attached).
The dumping of construction waste and removal of my mature sycamore tree were both
performed without my consent. Attached please find a letter that I sent to the owner of the property
at 463 Sargo Rd. Unfortunately, he did not call me in response to my letter, so we will need to
proceed with a lawsuit.
I have engaged Boatwright and Durden Land Surveyors, Inc. to boundary stake 550 Royal
Palms Dr. so I can confirm the tree was on my property, and I have arranged to have the rubble in
the backyard of 550 Royal Palms Dr. removed.
Sincerely,
Barry C. Averitt
3010 SOUTH THIRD STREET,SUITE B•JACKSONVILLE BEACH,FL 32250
904.998.8360
DRAFT DATE JULY 1,2019
550 ROYAL PALMS/463 SARGO LIST OF DOCS
DOCUMENT DATE COMMENT
1. Royal Palms Demand Letter to Wade 6/25/2019
2. Notice of Commencement Notarized: 11/6/2018 Tax Folio 1346647.00
New Patio/Driveway repair and front entrance
repair with concrete and sidewalk
3. Residential Other Permit Issued: 11/2/2018 ACC18-0053
City of Atlantic Beach Driveway and Patio
Addition and Footers
NOTE: Roll off container must be on City
approved List
Contractor: Bill's Concrete
4. Electrical Permit Application Signed: 12/5/2017 ERE 517-0205
5. Mechanical Residential HVAC Application Notarized on: 10/7/2018 ACK_S-0435
Permit
6. Plumbing Residential 9/17/2018 PLRS18-0222
7. Revision Request/Correction to Plan Date: 9/17/2018 Res 18-0249 Repipe Plumbing,Add HVAC,
Review Comments Review Date by Building Dept: 10/4/2018 Rewire house,New Drywall; insulate ceiling;
new kitchen
8. Residential-Alteration Residential Issue Date: 8/10/2018 RFS 18-0249 Roof Trusses Over Flat Roof-
Install a Pitched roof over existing flat roof-
Shingle new roof
9. Electrical Permit Application 9/18/2018 ERE S18-0307
10. Residential Other Permit Applied: 5/21/2019 RESO19-0017
(Application was on 5/21/2019) Granted: 6/11/2019 Construct screened enclosure
11. Tree and Vegetation Affidavit to Signed: 5/14/2019 Affidavit not to remove vegetation.Note the
City of Atlantic Beach Notarized: 5/14/2019 reference to an advance meeting with the
Administrator of the regulation
\\skynet\AC\BCA INVESTMENTS\6. RENTAL HousEs\550 Royal Palms Drive (LL Barry C. Averitt)\463 SARGO ROAD\550 Royal Palms_463 Sargo_
LIST OF DOCUMENTS v3.docx
BARRY C. AVERITT
June 25, 2019
Via Hand Deliver'
Gerald Wade
463 Sargo Rd.
Atlantic Beach, FL 32233
Re: Construction Debris and Tree Removal at 550 Royal Palms Dr.
Mr. Wade:
Attached is a copy of the notice that we received from the City of Atlantic Beach regarding rubble
and debris located in the backyard of our rental property, located at 550 Royal Palms Dr.. Atlantic
Beach. FL 32233 that is adjacent to your property at 463 Sargo Rd.. and demanding the pile be
removed. On receipt of this notice, we went to the property to inspect. A photograph is attached.
The volume of the debris is immense, and it appeared on our property only recently. It primarily
comprises large chunks of concrete. along with some vegetation. The broken up concrete bears
characteristics consistent with construction debris from your recent renovation and remodeling of
463 Sargo Rd.. which we note included the demolition of a concrete patio and sidewalk.
Furthermore, we were told that your contractor pushed the pile with a bobcat from your property
onto ours.
Additionally. we have photographs from February 15, 2019 of a crew from Rogers Tree Service.
parked on your property and presumably there at your behest, who then came over the property
line and cut down and removed a mature sycamore tree from the rear corner of our property without
our permission. This removal also appears to have been accomplished without obtaining the
requisite permit.
Our handyman contacted you and asked that you call me.
I have contacted a litigator regarding filing a lawsuit, but am waiting for your calf and an
explanation before filing a lawsuit. Please call me at 904-998-8360 by June 27. 2019 at 5:00 P.M.
to explain why our yard was used as a dump and a tree was removed, in each case without
permission. Also we want a confirmation that you will promptly remove the rubble and debris.
Regards,
Barry C. Averitt
3010 SOUTH THIRD STREET,SUITE B•JACKSONVILLE BEACH, FL 32250
904•998•8360
..,1%; !- 1:'•
'' '" jrl
.V.A CITY OF ATLANTIC BEACH
. ''N800 SEMINOLE ROAD
k s ATLANTIC BEACH,FL 32233
PHONE(904)247-5800
6/5/2019
AVER1TT BARRY
3010 S 3RD ST SUITE B
JACKSONVILLE BEACH,FL 32250
Real Estate Number: 171517 0000 Case Number: 19-134
Location of Violation: 550 ROYAL PALMS DR 31-16 17-2S-29E,R/P OF PT OF ROYAL PALMS .
UNIT 2 A, LOT 22 BLK 17 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 were adopted as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II,
Section 6-16.
A code enforcement inspection at 550 ROYAL PALMS DR was conducted on 6/4/2019. 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.24-173.Neighborhood preservation and property maintenance standards.
(b)Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street
or a neighboring property shall be maintained in an acceptable manner,which shall be defined by the
following characteristics: 1. Lots are maintained free from litter,trash,debris,discarded belongings, •
automotive parts,old tires,construction materials,and broken and abandoned items.
NATURE OF VIOLATION:A large pile of concrete and vegetation debris is being stored in the back
yard along the rear property line.
This letter requests that the noted violation(s) be corrected by removing the debris within thirty •
(30)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 Special Magistrate 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, �� D_G [2\ZC.Y _ _, hcrcby swear and affirm that the above statement is true
and accurate)
Sincerely,
OL/Y\ Ls..\
Angela Irie
CODE ENFORCEMENT
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