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CE 860 Bonita Road Case #19-135 C ' 'fir t _� CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD A ? ATLANTIC BEACH,FL 32233 PHONE (904) 247-5800 CII ). 6/5/2019 KNIERIEMEN DANIEL J JR 860 BONITA RD ATLANTIC BEACH, FL 32233-4229 Real Estate Number: 171105 0000 Case Number: 19-135 Location of Violation: 860 BONITA RD, 30-60 17-2S-29E, ROYAL PALMS UNIT 1, LOT 15 BLK 1 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 860 BONITA RD 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. 19-1. Construction of driveways and in rights-of-way. The construction of a new driveway in the city's right of way, or the modification of an existing driveway shall require construction permit within the city rights-of-way and easement. (c) Except as may be permitted in accordance with section 19-2 hereof, no person or entity shall undertake any use of or any type of construction within city rights-of-way, including without limitation, the following: 1. Installation of mailboxes other than units prescribed by U.S. Postal Service Standards and Florida Department of Transportation Parking and Traffic Design Standards. 2. Decorative walls. 3. Retaining walls. 4. Buildings or structures of any kind. 5. Barriers or obstructions of any kind. 6. Basketball goals. 7. Skateboard ramps. 8. Recreational structures of any kind, whether temporary or permanent. 9. Fences. 10. Swimming pools. 11. Parking spaces or lots. 12. Landscaping of any kind, except sod, which is permitted provided the adjoining landowner maintains the sod. 13. Any other improvement, object or item requiring a permanent foundation or which cannot be removed readily. 14. Any improvement, object or item designed and intended for personal or private use and not for public use. 15. Security lights and street lights. 16. Any work, construction activity or item which creates an obstruction, whether permanent or temporary, to the free and complete use of the right-of-way. 17. Driveways, new, modified or replaced (see section 19-7). NATURE OF VIOLATION: A basketball goal has been installed in the city's right-of-way in violation of the section cited above This letter requests that the noted violation(s) be corrected by removing the basketball goal from the right-of-way 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 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, 1Q. =.12 2Q(�rz�j , hereby swear and affirm that the above statement is true and accura S' cerely, Angela Inzarry CODE ENFORCEMENT s►r.Lyrl J' CITY OF ATLANTIC BEACH S- 800 SEMINOLE ROAD iii ,, , ,_ : ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 ''.CCM > CERTIFIED MAIL RETURN RECEIPT REQUESTED 7018 2290 0001 0116 8084 6/24/2019 KNIERIEMEN DANIEL J JR 860 BONITA RD ATLANTIC BEACH, FL 32233-4229 Real Estate Number: 171105 0000 Case Number: 19-135 Location of Violation: 860 BONITA RD, 30-60 17-2S-29E, ROYAL PALMS UNIT 1, LOT 15 BLK 1 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 860 BONITA RD was conducted on 6/24/2019. 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. 19-1. Construction of driveways and in rights-of-way. The construction of a new driveway in the city's right of way, or the modification of an existing driveway shall require construction permit within the city rights-of-way and easement. (c)Except as may be permitted in accordance with section 19-2 hereof, no person or entity shall undertake any use of or any type of construction within city rights-of-way, including without limitation, the following: 1. Installation of mailboxes other than units prescribed by U.S. Postal Service Standards and Florida Department of Transportation Parking and Traffic Design Standards. 2. Decorative walls. 3. Retaining walls. 4. Buildings or structures of any kind. 5. Barriers or obstructions of any kind. 6. Basketball goals. 7. Skateboard ramps. 8. Recreational structures of any kind, whether temporary or permanent. 9. Fences. 10. Swimming pools. 11. Parking spaces or lots. 12. Landscaping of any kind, except sod, which is permitted provided the adjoining landowner maintains the sod. 13. Any other improvement, object or item requiring a permanent foundation or which cannot be removed readily. 14. Any improvement, object or item designed and intended for personal or private use and not for public use. 15. Security lights and street lights. 16. Any work, construction activity or item which creates an obstruction, whether permanent or temporary, to the free and complete use of the right-of-way. 17. Driveways, new, modified or replaced (see section 19-7). NATURE OF VIOLATION: A basketball goal has been installed in the city's right-of-way in violation of the section cited above. This letter requests that the noted violation(s) be corrected by removing the basketball goal from the right-of-way 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 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, `i, e kI?Q(I , hereby swear and affirm that the above statement is true and accurat . 1 Sincerely, a( !C • J\-it./Y Angela I CODE ENFORCEMENT •ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY I Complete items 1,2,and 3. A. ••i.natu - I Print your name and address on the reverse x id ./ 0 Ag- so that we can return the card to you. ddr ssec • Attach this card to the back of the mailpiece, iv a ed by anted`Vane) — C, D. e. r.- ry or on the front if space permits. r\Neft ...i r I. Article Addressed to: D. Is delivery address different from item 1? ❑Yd N If YES,enter delivery address below: o 02nlel Knier(emen • CO I i- `�__� h III III ')I I II I fill II III .III 3. Service Type 0 Adult Signature Priority Mail Express® ❑Registered MaiIT 0 Adult Signature Restricted Delivery 0 Registered Mail Restricts 9590 9402 4495 8248 3540 46 IJ ertified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for C t Ti Collect on Delivery Restricted Deliveryn Delivery Merchandise ce 0 Signature ConfirmationT" fail 0 Signature Confirmation 7018 229 1 0116 8084 tail Restricted Delivery Restricted Delivery T .v,,yam) 'S norm 3811.July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Page 1 of 2 s, CODE ENFORCEMENT A< 1.' __ CITY OF ATLANTIC BEACH, FLORIDA J;3 T.)`� NOTICE OF HEARING 11/27/2019 Case Number: 19-135 KNIERIEMEN DANIEL J JR Certified Mail Return Receipt: 860 BONITA RD 70171000000070002603 ATLANTIC BEACH, FL 32233-4229 Property Address: 860 BONITA 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 January 9, 2020 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 860 BONITA RD, RE#171105 0000, 30-60 17-2S-29E, ROYAL PALMS UNIT 1, LOT 15 BLK 1. 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. 19-1. Construction of driveways and in rights-of-way. (c) Except as may be permitted in accordance with section 19-2 hereof, no person or entity shall undertake any use of or any type of construction within city rights-of-way, including without limitation, the following: 1. Installation of mailboxes other than units prescribed by U.S. Postal Service Standards and Florida Department of Transportation Parking and Traffic Design Standards. 2. Decorative walls. 3. Retaining walls. 4. Buildings or structures of any kind. 5. Barriers or obstructions of any kind. 6. Basketball goals. 7. Skateboard ramps. 8. Recreational structures of any kind, whether temporary or permanent. 9. Fences. 10. Swimming pools. 11. Parking spaces or lots. Page 2 of 2 12. Landscaping of any kind, except sod, which is permitted provided the adjoining landowner maintains the sod. 13. Any other improvement, object or item requiring a permanent foundation or which cannot be removed readily. 14. Any improvement, object or item designed and intended for personal or private use and not for public use. 15. Security lights and street lights. 16. Any work, construction activity or item which creates an obstruction, whether permanent or temporary, to the free and complete use of the right-of-way. 17. Driveways, new, modified or replaced (see section 19-7). STATEMENT OF CODE ENFORCEMENT OFFICER: On 11/26/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 860 BONITA 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: A basketball goal has been installed in the city's right-of-way in violation of the section cited above. 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. 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, Q ?-04 R-12-\'1 , hereby swear and affirm that the above statement is true andVccurate. U.S. Postal Service— • m CERTIFIED MAIL° RECEIPT . , o Domestic Mail Only ela Iriz , `13 For delivery information,visit our website at www.usps.com®. Code Enforcement Officer, City of Atlantic Beach r" • k 173 1::1 Certified Mail Fee ATTEST: o $ Extra Services&Fees(check box,add fee as appropriate) 1 0 ❑ReturnReceipt(hardcopy) $ O ❑Return Receipt(electronic) $ Postmark Certified Mail Restricted Delivery $ Here 1Y.11 1/6/ ci ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ O Postage Lori Diaz, Deputy City Clerk, 1=1Total Postage and Fees • Iti a To+ oy_ :Mgr\rd \_AoSir•Np, l 1 ' 1S N City,State,ZIP+4® PS Form 3800 A•ril 2015 PSN 7530-02-000-9047 See Reverse for Instructions . City of Atlantic Beach A 800 Seminole Road,,, (,IS POSTAGE$006.802 - Atlantic Beach, Florida 32233 1.. *.! % ' ' ZIP 32233 •i 7017 1000 0000 7000 26;6 :,tijh ,., " 041M11299654 \_),‘\7\ .i.so 419 11/27/2019 Case Number: 19-1 ,,�-� / , / rr►� 1 .. -.1L 322 DE I oozi/�1i/ LV i KNIERIEMEN DANIEL J JR Certi R!; T l{R tJ T n c F N EIF a UNCLAIME D I 860BONITARD 7017 ,1mAaLc TO arIPWAR D I ATLANTIC BEACH, FL 32233-4229 a `_� Sir. a ?�3Rc, ynit29 ke4o7_S 10,sx2_ 17 _ 1 q y L L lililli n'ilj"Iii'11"ffiiIlii,lillil'lilili'll"ill'I'loi'.II1i' 4 0 LA'tfrl;' CITY OF ATLANTIC BEACH , y, sA 800 SEMINOLE ROAD `� ' 0 ATLANTIC BEACH, FL 32233 J PHONE (904) 247-5800 wt 9 ' NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 19-135 Pursuant to Chapter 162, Florida Statutes and Sec. 2-147, City of Atlantic Beach City Code of Ordinances,I,Angela Irizarry, Code Enforcement Officer, City of Atlantic Beach, hereby affirm a Notice of Hearing, a copy of which is attached, was mailed regular mail and was posted at the following locations: (1) Date Posted: 'a )?. ici Location: 860 BONITA RD,Atlantic Beach, Florida (2) Date Posted: ,al 1 Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 111 it tAx25._ Angela Iriz•i' , Code Enforce e t County of Duval State of Florida The foregoing Affidavit was acknowledged before me this( day ofb€1(iLMI674,- 20 /4, by Angela Irizarry,who is personally known to me as Code Enforcement for the City of Atlantic Beach. Person taking acknowledgement: (Notary Stamp/Seal) /Alb 1/1 . Notary Public, State of ,, r rida • ;"`' } LORI OK • MY CO W 1SSI ON/GG 276336 (t—....-_.** ECP November 13,2022 j • CODE ENFORCEMENT J Ss• CITY OF ATLANTIC BEACH, FLORIDA v~ NOTICE OF HEARING \_Jiil�r' 12/30/2019 Case Number: 19-135 KNIERIEMEN DANIEL J JR POSTED ON PROPERTY AND 860 BONITA RD ATLANTIC BEACH CITY HALL ATLANTIC BEACH, FL 32233-4229 Property Address: 860 BONITA 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 January 9, 2020 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 860 BONITA RD, RE#171105 0000, 30-60 17-2S-29E, ROYAL PALMS UNIT 1, LOT 15 BLK 1. 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. 19-1. Construction of driveways and in rights-of-way. The construction of a new driveway in the city's right of way, or the modification of an existing driveway shall require construction permit within the city rights-of-way and easement. (c) Except as may be permitted in accordance with section 19-2 hereof, no person or entity shall undertake any use of or any type of construction within city rights-of- way, including without limitation,the following: 1. Installation of mailboxes other than units prescribed by U.S. Postal Service Standards and Florida Department of Transportation Parking and Traffic Design Standards. 2. Decorative walls. 3. Retaining walls. 4. Buildings or structures of any kind. 5. Barriers or obstructions of any kind. 6. Basketball goals. 7. Skateboard ramps. 8. Recreational structures of any kind, whether temporary or permanent. 9. Fences. 10. Swimming pools. 11. Parking spaces or lots. 12. Landscaping of any kind, except sod, which is permitted provided the adjoining landowner maintains the sod. 13. Any other improvement, object or item requiring a permanent foundation or which cannot be removed readily. 14. Any improvement, object or item designed and intended for personal or private use and not for public use. 15. Security lights and street lights. 16. Any work, construction activity or item which creates an obstruction, whether permanent or temporary,to the free and complete use of the right-of-way. 17. Driveways,new, modified or replaced (see section 19-7). STATEMENT OF CODE ENFORCEMENT OFFICER: On 11/26/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 860 BONITA 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: A basketball goal has been installed in the city's right-of-way in violation of the section cited above. 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. 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, Q ..;���{f 1 , hereby swear and affirm that the above statement ih —V.,0‘ .ccurat el .Angela lb , Code Enforcement Officer, Ci of Atlantic Beach ATTEST: r / i Lori Diaz, Records Clerk A, CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7017 1000 0000 7000 2818 vs. Property Address: 860 Bonita Road Atlantic Beach, FL 32233 Daniel J. Knieriemen, Jr. 860 Bonita Road Atlantic Beach, FL 32233 Respondent. CASE NUMBER: 19-135 REAL ESTATE NUMBER: 171105-0000 LEGAL DESCRIPTION: 30-60 17-2S-29E, ROYAL PALMES UNIT 1, LOT 15 BLK 1 ORDER ON CASE No. 19-135 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on January 9, 2020, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders as follows: FINDINGS OF FACT 1. Respondents own the property located at 860 Bonita Road, Atlantic Beach, Florida. 2. Notice of the hearing was sent by Certified Mail. 3. Respondents did not appear at the hearing. 4. This matter was previously heard on November 7, 2019, and an order was entered thereafter that deferred the matter until today's hearings. 5. Petitioner provided evidence that Respondents removed the basketball goal they installed in the city-owned right of way and that Respondents are currently in compliance. 6. The Code Enforcement Officer recommended a finding of compliance. CONCLUSIONS OF LAW 7. The property is currently in compliance with the Code, and the evidence does not support the imposition of a fine. ORDER 8. 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 THIS 31 DAY OF JANUARY , 2020. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTE T: • A F ' " /s/ Jeb Branham Lori Diaz, Deputy Ci g7 Clerk Jeb T. Branham, Special Magistrate Executed this 31 day of January, 2020. PLEASE NOTE: Florida Statutes § 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"" CERTIFIED MAIL° RECEIPT `fl Domestic Mail Only r-R For delivery information,visit our website at www.usps.com®. ru O O Certified Mail Fee [� $ N Extra Services&Fees(check box,add fee as appropriate) ❑Return Receipt(hardcopy) $ ❑Return Receipt(electronic) $ Postmark ❑Certified Mail Restricted Delivery $ Here OAdult Signature Required $ ❑Adult Signature Restricted Delivery$ CD Postage O $ Total Postage and Fees r-1 It tent To . ii1 t�1 _ {, O Streets andApt. oI,or PO BoxNo. I1 (l�_ en I __!_I_- i3 N City,State,ZIP+4® PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 2 1.-'L1.1 y City of Atlantic Beach NEOPOST FIRSTCLASS MAIL Ili �� 800 Seminole Road 01/31/2020 Atlantic Beach, Florida 32233 - • _ $006.90° ..„'" •• ZIP 32233 7017 1000 0000 7000 2818 ' 041M11299654 \\N Co / q\) •\ vs. c______Ii—V Prnnertv Adrlresc _ !". A N x.IF . 3?.2 nE 1 AAA3/04/2A ! Daniel J. Knieriemen, Jr. RETURN TO SENDER lit .860 Bonita Road '.N I% A r M E n uiSilo....E Tv F0Rii A RD + atlantic Beach, FL 32233 U ' BC: 32233546199 *0638-03719-31- 46 32233 ";5'11 tI+II,I,I,IIIA!,I, ,IIIIIII,IIIA!!!,IIplIIHII,IIIIIIIII„Il, ,