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CE 1850 Mayport Road Case #17-287 CODE ENFORCEMENT VIOLATION ACTION TRACKING - CASV 1"I 'Z)1 FIRST INSPECTION: [ 4 zoo ACTION: 0 NOV REG XNOV CERT 0 NOV POST SECOND INSPECTION: ACTION: ❑ NOV REG 0 NOV CERT 0 NOV POST THIRD INSPECTION: ACTION: 0 NOV REG 0 NOV CERT 0 NOV POST PROPERTY ADDRESS OF VIOLATION: /7cD //60--r-da-711/ PROPERTY OWNER: V. 0 I /2c f Z SEND LETTER(S)TO: (Please check('/) and explain all that apply) OFFICER: Deborah White PROPERTY OWNER AT: 0 ADDRESS (ABOVE) DIFFERENT MAILING ADDRESS AS FOLLOWS: 4o ° x 330S' 3 3 ^ - 33 ❑ TENANT(NAME) AT THE FOLLOWING ADDRESS: VIOLATION(S): (Please check (� and explain all that apply) MC: SECTION(S) /OTS ❑ AB CODE: SECTION(S) O SAME AS ATTACHED NOTICE OF VIOLATION DATED: REMEDY FOR COMPLIANCE: /'#44tRV ‘t-- - dt# 1 ___C614-1 -4-4 C.J �'�e4-e-Xo ❑ REMOVE BOAT,CAMPER,TRAILER,JET SKI'S STORED IN YARD/RIGHT OF WAY ❑ CEASE STORING BOAT,CAMPER,TRAILER,JET SKI'S STORED IN YARD/RIGHT OF WAY ❑ REMOVE ROTTING/COLLAPSING FENCE ❑ REMOVE DISCARDED HOUSEHOLD ITEMS STORED IN YARD ❑ REMOVE INOPERABLE/UNLICENSED VEHICLE(S) STORED IN YARD/RIGHT OF WAY ❑ MOWING THE YARD/VACANT LOT 0 5 DAYS X1 10 DAYS SPECIAL INSTRUCTIONS: O Mail copy of Notice to: O Other: Property Appraiser-Property Details Page 1 of 2 OSSI KLOTZ LLC Primary Site Address Official Record Book/Page Tile# PO BOX 330833 1850 MAYPORT RD 03563-00345 9417 ATLANTIC BEACH,FL 32233 Atlantic Beach FL 32233 1850 MAYPORT RD Property Detail Value Summary RE# 172075-0000 12017 Certified _2018 In Prowess_ Value Method Income Income Tax District USD3 P -— Property Use 4899 Warehouse/Flex Space Total Building Value $0.00 $0.00 #of Buildings 1 Extra Feature Value $0.00 $0.00 Legal Dela For full legal description see Land Value(Market) $40,728.00 $40,728.00 Land&Legal section below Land Value(Aoric.1 $0.00 $0.00 Subdivision 00000 SECTION LAND Just(Market)Value $128,900.00 $129,300.00 Total Area 11026 Assessed Value $128,900.00 $129,300.00 The sale of this property may result in higher property taxes.For more information go Cap Diff/Portability Amt $0.00/$0.00 $0.00/$0.00 to Save Our Homes and our Property Tax Estimator.'In Progress'property values, Exemotlons $0.00 See below exemptions and other supporting information on this page are part of the working tax roll and are subject to change.Certified values listed in the Value Summary are those Taxable Value $128,900.00 See below certified in October,but may include any official changes made after certification Learn how the Property Aooraiser's Office values Droverty, Taxable Values and Exemptions—In Progress If there are no exemptions applicable to a taxing authority,the Taxable Value is the same as the Assessed Value listed above in the Value Summary box. County/Municipal Taxable Value SJRWMD/FIND Taxable Value School Taxable Value No applicable exemptions No applicable exemptions No applicable exemptions Sales History IBook/Page i Sale Date Sale Price Deed Instrument True Code Qualified/Unauallfied 1 Vacant/Improved 03563-00345 17/23/1973 $1,800.00 WD-Warranty Deed i Unqualified Improved 03786-00324 18/30/1974 $22,000.00 WD-Warranty Deed I Unqualified Improved 94319-00871 12/1/1977 $100.00 I QC-Quit Claim Unqualified I Improved 06876-00136 4/2/1990 I$100,000.00 I MS-Miscellaneous Unqualified I Improved 06980-00157 9/28/1990 I$275,000.00 I SW-Special Warranty Unqualified Improved 09849-01630 11/29/2000 I$485,000.00 WD-Warranty Deed Unqualified Improved 11606-01927 1/26/2004 I$485,000.00 WD-Warranty Deed Unqualified I Improved 112109-01007 10/5/2004 I $550,000.00 I WD-Warranty Deed Unqualified Improved 4. Extra Features 1 LN Feature Code I Feature Description I Bldg. I Length I Width I Total Units I Value 1 PVCC1 I Paving Concrete I 1 0 10 15,500.00 I$6,768.00 2 WMCC1 I Wall Masonry/Concrt 11I 0 j 0 160.00 $122.00 Land&Legal Land Legal I LN I cgde I Use Description I&Ansi I Front I Depth I Category I Land Units I J.and Tvoe I Land Value I LN I Legal Description 1 11000 I COMMERCIAL I ACG 0.00 i 0.00 Common 7,405.00 I Square Footage)$40,728.00 it 1 117-2S-29E.17 2 PT GOVT LOT 3 RECD O/R 12109- 1007 3 I BEING PARCEL 2 Buildings Building 1 Building 1 Site Address I Element Code Detail IF 1850 MAYPORT RD Atlantic Beach FL 32233 I Exterior Wall 15 15 Concrete Blk IRoof Struct 4 j 4 Wood Truss Building Type 4809-WHSE FLEX I Roofing Cover 4 4 Built Up/T&G r BAs Year Built 1977 I Interior Wall 1 � 1 Masonry Min I Building Value $112,094.00 I Int Flooring 3 j 3 Concrete Fin .1_ Heating Fuel 1 1 None IsAOF 25 Gross I Heated Effective (Heating Type 1 1 None 4 niV Area 1 Area Area I Air Cond 1 1 1 None http://apps.coj.net/PAO_PropertySearchBasic/Detail.aspx?RE=1720750000 12/4/2017 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 PHONE (904)247-5800 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70131710000216913262 12/5/2017 OSSI KLOTZ LLC PO BOX 330833 ATLANTIC BEACH, FL 32233 Real Estate Number: 172075 0000 Case Number: 17-287 Location of Violation: 1850 MAYPORT ROAD, Atlantic Beach, Florida Dear Property Owner: Please be advised, Atlantic Beach Code Enforcement has found your property referenced above to be in violation of the City of Atlantic Beach, Code of Ordinances,to wit: VIOLATION(S) IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. This letter requests that the noted violation(s) be corrected by repairing and/or replacing roof and all rotted fascia or soffit within thirty (30) days of the receipt of this notice. To avoid having this case be referred to the Code Enforcement Board, all listed violations on this notice must be in compliance on or before the date established by Atlantic Beach Code Enforcement. The Board may impose fines up to two hundred fifty ($250.00) per day for continuing violations. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance. It is our goal to keep our neighborhoods looking well maintained while protecting property values and your cooperation in this matter is greatly appreciated. Please contact Atlantic Beach Code Enforcement at(904) 247-5855 if you have any questions or need additional information. Sincerely, Deborah White CODE ENFORCEMENT U.S. Postal Service CERTIFIED MAIL., RECEIPT ai (Domestic Mail Only;No Insurance Coverage Provided) mFor delivery information visit our website at www.usps.com rzlT' Postage $ Certified Fee Return Receipt Fee Postmark C (Endorsement Required) Here O Restricted Delivery Fee 0 (Endorsement Required) r-R Q IN- Total Postage&Fees $ r-1 Sent To J....?� Lli .,i._(0•1-7— D Street,Apt.No or PO Box No. City,State,Z1P+4 PS Form 3800,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse X eot 0 Agent so that we can return the card to you. B. Vim" ❑Addressee ■ Attach this card to the back of the mailpiece, Received by(Printed Name) Cate D�jivery or on the front if space permits. B apV dsv I �j ' ZU{ 1. Article Addressed to: D. Is delivery address different from item 1? Yes If YES,enter delivery address below: 0 No 1?-2 S7 iGLO-1-7 111111111111111 IIDI'I 'IIIII I I I I II I I III 30. Service Type Adult Signature 0 Priority Mail Express® 0 Registered Mail,. ❑Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 2805 7069 3565 66 0 Certified Mail® Delivery 0 Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) CICollect on Delivery Restricted Delivery 0 Signature ConfirmationT"' Mail ❑Signature Confirmation 7D13 171D 0002 1.691 Mail Restricted Delivery Restricted Delivery )o) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt White, Debbie From: Kim Leroux <kleroux@theklotzcompanies.com> Sent: Thursday, February 01, 2018 11:23 AM To: White, Debbie Cc: Lisa Binder Subject: 1850 Mayport Road Debbie, pursuant to our conversation, I just wanted to stress to you the importance and that this is a priority of ours to get this roof repaired/replaced as quickly as possible. We are in the process of receiving bids which is happening this week. Once a contract is signed, I will send it over to you for your information. Unfortunately, we lost the battle with the insurance companies so we are proceeding with the roof replacement/repairs regardless. The hurricane incentives did not come our way; although we are still working on it. I will keep you posted and updated. Thank you for assisting. Best regards, Kimberly Leroux Commercial Property Manager American Management Group 645 Mayport Road#5,Atlantic Beach,FL 32233 (P)904-247-5334 ext 338 This e-mail may contain information that is confidential,privileged or otherwise protected from disclosure and is intended for the addressee only. Unintended recipients are prohibited from taking action on the basis of information in this e-mail. If you are not an intended recipient of this e-mail,do not disclose,duplicate or redistribute this message or its contents to any other person by any means. Please delete it and any attachments and immediately notify The Klotz Group of Companies, LLC that you have received it in error. 1 CODE ENFORCEMENT BOARD J j-. CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 5/31/2018 Case Number: 17-287 OS SI KLOTZ, LLC Certified Mail Return Receipt: P.O. BOX 330833 70131710000216914160 ATLANTIC BEACH, FL 32233 Property Address: 1850 MAYPORT ROAD ATLANTIC BEACH, FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances.It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on July 10, 2018 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known as 1850 MAYPORT ROAD, RE#172075-0000, 17-2S-29E .25 PT GOVT LOT 3 RECD O/R 12109-1007 BEING PARCEL 4. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. The Code Enforcement Board may levy fines up to$250.00 per day for the first violation and$500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904)247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in 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. ATTEST: • d76/444L 9// Donna L.Bartle,City Clerk Deborah White,Code Enforcement 7013 1710 0002 1691 4160 %) o �m m r1 3 ooh o 0 3m �°m o 0 n C o oi m =O .„ 2 A y Cn •g T --1 N n� m ; m _n) lv u; . � a vii r# 11 111133 CA m 3 n o III CERTIFIED MAILTM i City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 322C33 �- neopost'Y FIRST-CLASS, MAI rfz 05/31 // /2018 US POSTAGE $06.672 6.7` ,,V 7013 1710 0002 1691 4160i' } .�. ..Z1P32233 1L11240784 OSSI KLOTZ, LLC „_ Y! P.O. BOX 330833 =` =' '== '=^ ATLANTIC BEACH, FL 32233 k F T tt '1 _l.TO `F,u O R 7 i7, f UNABLE. O .t.0RK fA$. R1. pwr: FiC: 3221' 35461'49 =:i73n`-116.67-•33-46 , m 7 7 2 2 ,G Ai Si I,.11„i,i,f„ti,i„f,I„,,,,ff„lf„f1f„i,,,,,i,,,f,t,,.t ,,t,II d CODE ENFORCEMENT BOARD y CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 6/28/2018 Case Number: 17-287 OSSI KLOTZ LLC POSTED ON PROPERTY AND PO BOX 330833 ATLANTIC BEACH CITY HALL ATLANTIC BEACH, FL 32233 Property Address: 1850 MAYPORT RD ATLANTIC BEACH, FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on July 10,2018 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road,to answer and be heard to the following alleged violations on the property known 1850 MAYPORT RD, RE#172075 0000, 17-2S-29E.25 PT GOVT LOT 3 RECD O/R 12109-1007 BEING PARCEL. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound,tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904)247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in 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. ATTEST: (1.26/te-t-' / l/6,4 C761-k Donna L.Bartle,City Clerk Deborah White, Code Enforcement ;51.J-1-yrfv, CITY OF ATLANTIC BEACH rJi i SI" 800 SEMINOLE ROAD s ATLANTIC BEACH PHONE (904) 247-5800FL32233 1.5t47 z '471Ji319� POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 18-064 Pursuant to Chapter 162, Florida Statutes and Sec. 2-147, City of Atlantic Beach City Code of Ordinances, I, Deborah White, 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: /00 (g Location: 1850 MAYPORT RD, Atlantic Beach, Florida (2) Date Posted: 6 /IV Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 jdati44.._ ii,..,&.. Deborah White, Code Enforcement County of Duval State of Florida The foregoing Affidavit was acknowledged before me this day of 2t`—'-' 201P , by Deborah White,who is personally n to me as Code Enforcement for the City of Atlantic Beach. CI Person taking acknowledgement: (Notary Stamp/Seal) ) , / Notary Public, State of F or •a , ;:;y. TON GINDLESPERGER '�� a,, MY COMMISSION#FF 92?95 EXPIRES:October 6,2019 y=.�-�..;o Pu'olicUndenrri:ers :gar Bonded T!`ru Nn!ary r. S rJy' lir CITY OF ATLANTIC BEACH r =_sA 800 SEMINOLE ROAD Jr) ATLANTIC BEACH,FL 32233 PHONE (904) 247-5800 J;ils� AFFIDAVIT OF NONCOMPLIANCE I, Deborah White, Code Enforcement Officer for the City of Atlantic Beach Code Enforcement Division, verify that the property referenced below was inspected on 7/2/2018 and property remains in violation: CASE NUMBER: 17-287 PROPERTY ADDRESS: 1850 MAYPORT RD REAL ESTATE NUMBER: 172075 0000 17-2S-29E .25 PT GOVT LOT 3 RECD O/R 12109-1007 BEING PARCEL OWNER OF RECORD WHOSE NAME AND MAILING ADDRESS IS: OSSI KLOTZ LLC PO BOX 330833 ATLANTIC BEACH, FL 32233 7/V/20/ / 1, /, ..., Date Signature COUNTY OF DUVAL STATE OF FLORIDA PI, ---?11\11 I I I S r • N tJ Q a , a Notary Public of the County and State aforesaid, hereby certy that Deborah White, personally known to me to be the affiant in the foregoing affidavit, personally appeared before me this day and having been by me duly sworn deposes and says that the facts set forth in the above affidavit are true and correct. Witness my hand and official seal this the 0,n day of , 020/ff. `:'f: ; PHYLLIS H.NADEAU ,•. :+E MY COMMISSION t GG 227058 , ::.•;;•...-4:-,• a EXPIRES:June 11,2022 )D' // / 37reZ1‘626 f °!:• Bonded Thru Notary Pudic Under* lers / J r' Notary/ublic,State of Florida CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH,FLORIDA, Petitioner vs. OSSI KLOTZ LLC,Respondent First Class and Certified Mail Return Receipt PO BOX 330833 Requested: 70170660000038566856 ATLANTIC BEACH, FL 32233 Property Address: 1850 MAYPORT RD ATLANTIC BEACH, FL Case Number: 17-287 Real Estate Number: 172075 0000 Legal Description: 17-2S-29E .25 PT GOVT LOT 3 RECD O/R 12109-1007 BEING PARCEL ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on July 10, 2018, 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 the Respondent owns the property located at 1850 MAYPORT RD,Atlantic Beach, Florida. 2. That notice was sent by Posting and that Respondent was present at the hearing. William Corley, Esquire, represented Ossi Klotz 3. That notification of the violations of the City of Atlantic Beach,were made and served on the Respondent as evidenced in this hearing. Board finds Respondent in violation and allows 90 days to achieve complaince. Failure to comply will result in a $250.00 per day fine for the first day and $250.00 every day thereafter the violation continues to exist. CONCLUSIONS OF LAW THAT the Respondent is NOT IN COMPLIANCE and has failed to correct such violation as of this hearing date. 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 is found in violation for non-compliance and must obtain compliance on or before October 10, 2018. Failure to comply will result in fines of$250.00 for the first day and $250.00 for every day thereafter while the violation continues to exist. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. THAT the Respondent is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance. THAT failure to pay all accumulated fines will result in a lien being placed against the property at 1850 MAYPORT RD for the total assessment plus costs incurred for the filing of the lien. All lien amounts are to be made payable at an interest rate of ten (10) percent per annum from date of certification until paid. DONE AND ORDERED THIS July 10, 2018. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD ATTEST: ,Pelmet Gee..;• ,�. Donna L. Bartle, City Clerk By: Louis Keith, Vice Chairman Executed this 071/14 day of ,/'!.ti ,20 lb. 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 Servicer"" CERTIFIED MAIL° RECEIPT -a Domestic Mail Only ▪ For delivery information,visit our website at www.usps.com'. 3 L I f) Certified Mail Fee cU m Extra Services&Fees(check box,add fee as appropriate) ❑Return Receipt(hardcopy) $ Q 0 Return Receipt(electronic) $ Postmark Ej ❑Certified Mail Restricted Delivery $ Here • ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ O Postage Total Postage and Fees O lam- Sent To _ 7 _2 8 )LLD ► I 7 0 Street and Apt.No.,orP15113 i No. City,State,ZIP+46 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Page 1 of 2 ' rs�=\J�J jlf CODE ENFORCEMENT BOARD J+ i_ `� .� t2 CITY OF ATLANTIC BEACH, FLORIDA ---‘i.- -- ...„_. ,.-.) �r NOTICE OF HEARING 10/18/2018 Case Number: 17-287 OSSI KLOTZ LLC Certified Mail Return Receipt: PO BOX 330833 70171000000069910667 ATLANTIC BEACH,FL 32233 Property Address: 1850 MAYPORT RD ATLANTIC BEACH, FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on November 28,2018 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known 1850 MAYPORT RD, RE#172075 0000, 17-2S-29E .25 PT GOVT LOT 3 RECD O/R 12109-1007 BEING PARCEL. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904)247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. suouonnsu!roi aspanay aas .1406-000-Z0-0ESL NSd S 1.0Z 11.11*'008E wJod Sd d o H m Cla ape+d/Z'eJel$NIQ -al SA CD r N oN d#o • ye 1894$ p r- &) 0 ��7— 1 Cr—�� y N $ seed pue e6eysod mei0 $ IDO e6e;sod O ('� $Nan!Is0 peioplsed em1eu61S>I^Pv❑ -� $ pennbed einleu6!S 31npv❑ O `C elOH $ /Aenilej Peloulsed I!ew Pe61Ye3❑ O n Em,,,..,sod $ (o!uw,eIe)Id!eoed turmoil❑ 'Fr O $ (1doopmw ltheoeu tuned❑ (wepdadde se ay ppe xoq arevp)seed g S03!AJ9S 8113(3 �. S .A eej'mini Pel1!UeO -D C •„„woo•sdsn•MMm le atlsgam pro t!s!n•uol4eutrolu!kran!iap pod DB_ Afu0 Hew agsawoo Q' 1dI333a ®1IYIN a31d111:133 Wie3Inaeg Ie1sod •g•fl SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY I P "-` >y • Complete items 1,2,and 3. A. Signa• • Print your name and address on the reverse X 0 Agent s so that we can return the card to you. 0 Addressee it A ■ Attach this card to the back of the mailpiece, B. Receiv=• by(Printed Name) C. Date of Delivery or on the front if space permits. A i! I_ o � 1. Article Addressed to: D. Is : .ry address different from item 1? • Yes If enter delivery address below: 0 No rt l(LT?_ rA 257 MIS ` 111 I I I III 11111111 I I I II I I III 3. Service Type ❑Priority Mau Express® CI Adult Signature ❑Registered MELVA ❑Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 2997 7094 0520 37 0 Certified Mall® Delivery ❑Certified Mall Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise I ❑Collect on Delivery Restricted Delivery 0 Signature Confinnatlon^" 7 017 1000 0000 6991 0667 ❑Insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery I (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt 1 Page 1 of 2 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH,FLORIDA, Petitioner vs. OSSI KLOTZ LLC, Respondent First Class and Certified Mail Return Receipt PO BOX 330833 Requested: 70171000000069911114 ATLANTIC BEACH, FL 32233 Property Address: 1850 MAYPORT RD ATLANTIC BEACH, FL Case Number: 17-287 Real Estate Number: 172075 0000 Legal Description: 17-2S-29E .25 PT GOVT LOT 3 RECD O/R 12109-1007 BEING PARCEL ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on November 28, 2018, 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 the Respondent owns the property located at 1850 MAYPORT RD,Atlantic Beach, Florida. 2. That notice was sent by Certified Mailing and that Respondent was represented by William Corley,Attorney. 3. That notification of the violations of the City of Atlantic Beach, was made and served on the Respondent as evidenced in this hearing. 4. That by Order dated July, 10 2018, the Respondent was found in violation of IPMC 304.7 and allowed until August 2, 2018 to comply by obtaining the services of a licensed roofing contractor to obtain a permit and an approved final inspection of the roof. Failure to comply by August 2, 2018 would result in a $250.00 per day fine for the first day and $250.00 every day thereafter until full compliance was achieved. 5. That Respondent was not in compliance as of November 28,2018. 6. That due to a shortage of roofing workers, the Respondent will be allowed until January 8, 2019 to come into compliance. Failure to comply will result in a $250.00 per day fine for the first day and $250.00 every day thereafter the violation continues to exist. CONCLUSIONS OF LAW THAT the Respondent is NOT IN COMPLIANCE and has failed to correct such violation as of November 28, 2018. Page 2 of 2 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 is found in violation for non-compliance and must obtain compliance on or before January 8, 2019. Failure to comply will result in fines of$250.00 for the first day and$250.00 for every day thereafter while the violation continues to exist. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. THAT the Respondent is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance. THAT failure to pay all accumulated fines will result in a lien being placed against the property at 1850 MAYPORT RD for the total assessment plus costs incurred for the filing of the lien. All lien amounts are to be made payable at an interest rate of ten (10) percent per annum from date of certification until paid. DONE AND ORDERED THIS November 28, 2018. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ATTEST: /C. 404 4,-0-- Lori Diaz,Records ClerBy: Benj4de Luna, Chairman Executed this /7 day of December , 2018. 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- CERTIFIED MAIL° RECEIPT Domestic Mail Only r a 1-1For delivery information,visit our website at www.usps.come. 1-3 IT' Certified Mail Fee 0: $ ` Extra Seryices&Fees(cheat box,add fee as El Return Receipt(hardcopy) $ appropriate) t73 0 Return Receipt(electronic) $ ❑Certified Mat Restricted Delivery $ Postmark cj ❑Adult Signature Required $ Here 0 Adult Signature Restricted Delivery$ O Postage O $ 1-9Total Postage and Fees N SenJI-QTT 1-1__2_. � . Box No. .61),,&tate,ZIP+4 i PS Form 3800,April 2015 PSN 7530-02000.9047 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A Sign. ure qC' • Print your name and address on the reverse X , � ` Ant so that we can return the card to you. V H,. IIAttach this card to the back of the mailpiece, B R - .by(P ted N.me) C. Date of Deliver or on the front if space permits. 1. Article Addressed to: D. Is delivery address diffAFent from item 1? 0 Yes If YES,enter delivery address below: 0 No 1(L©T2-- 1crz 1 - Zc IIID 111 111111 I I I I 111 111 I I 3. Service Type ❑Priority Mail Express® ❑Adult Signature ❑Registered Mail'. ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 2997 7094 0516 41 0 Certified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise n r..no,.+....Delivery Restricted Delivery 0 Signature Cortfirmationm 7 017 1000 0000 6991 1114 all 0 Signature Confirmation ail Restricted Delivery Restricted Delivery I lover>Do()) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Page 1 of 2 'rLyr el CODE ENFORCEMENT BOARD •13'4 ilin-ls‘ -2 CITY OF ATLANTIC BEACH, FLORIDA 5 iii; NOTICE OF HEARING '-'1.•Jill x- 11/29/2018 Case Number: 17-287 OSSI KLOTZ LLC Certified Mail Return Receipt: PO BOX 330833 70171000000069910971 ATLANTIC BEACH, FL 32233 Property Address: 1850 MAYPORT RD ATLANTIC BEACH,FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on January 8, 2019 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known 1850 MAYPORT RD, RE#172075 0000, 17-2S-29E .25 PT GOVT LOT 3 RECD O/R 12109-1007 BEING PARCEL. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904) 247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in 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. r I ,,� � City of Atlantic Beach NEopp 4 800 Seminole Road11111111111111111111111114111 ST 11/ Rsr. Atlantic Beach, Florida 32233 29.120 , US PpSTgGEd '! 7017 1000 0000 6991 0971 i5:�� f' v ��• b 7U [H - 7 2019 �`'' ZIP 32233 ' 041M11299654 .R R � L AI i_...„....„ A 11/29/2018 Case Number: 17 bri.X:i.t 3 2 2 u c :i. 2 LI/ , OSSI KLOTZ LLC Cer c PO BOX 330833 701; ru '. �o S e Nt� toblozi si;rl ATLANTIC BEACH, FL 32233 J 11:-. - = C i �... _. �..r''...':...: .44. 6C" s'�233546 y. v ilow �, 3Z=Z33>5461 ►1,111{111i714i47: J99;Tj;jj+1I3.I�.—i}^�*�.:_2g ' J�T 1�1��.1.1+/f.IO/P.IIi{A.IP +a y ( d r �Q 1 Em y N 'Ii Em V �„� m iii U d NCO a Ilk 3 N W m l U U V Q 5 $191919 4919 \ ll > r e 4- L 1 N W .Eu. o o A C "d w 2 - C V a a t u- cA (Q C � N W \ (n Sc 'T u�� g ¢ vo CU E-4 .ry L V `�tl n n ¢ w Z + ftp \1/4, 0 Q. ccd " g °¢ ¢ i,, ad1-� W [ C m � E � N � a �c m (-) C.' � 'nr � � a m � m � U .n u7❑❑❑❑❑ao 190 .0 G U.60 T669 0000 000T /.T02. �'>' J CITY OF ATLANTIC BEACH r;) 800 SEMINOLE ROAD \\ ATLANTIC BEACH,FL 32233 (904)247-5800 MEMO To: Shane Corbin From: Dan Arlington Subject: 1800— 1850 Mayport Road Date: December 20, 2018 Copy: Code Enforcement Please find attached notice,dated March 9, 2018. - This case, including five buildings,began with a failed electrical safety inspection on 2/15/2018 and, given the circumstances, has gone on too long. I have asked several times for floor plans for the five buildings, as a starting point for safety inspections, and access to the buildings. To date,we have plans for and have inspected one building. Based on previous inspections,we have substantial evidence of insufficient fire-rated separation walls and unpermitted and uninspected electrical wiring; conditions that constitute a Dangerous Building, per IMPC, Section 108.1.5.10. These conditions are in addition to leaking roofs, lack of water, and sanitary facilities,posted address numbers that do not match City and JEA records, and other unpermitted work throughout the five-building site. I understand that there are numerous code cases against these buildings coming due at the January 8, 2019 and March 12,2019 Code Enforcement Board Meetings. The five buildings on this site are considered Dangerous Buildings and after the Code Enforcement Board Meeting,on January 8, I intend to require access to all areas of the five buildings. Discovery of dangerous conditions will require the buildings to be closed and vacated until corrected. If you wish,I can attend the Code Enforcement Board Meeting and testify. 1 s rs ""�'�'�� CODE ENFORCEMENT BOARD I CITY OF ATLANTIC BEACH, FLORIDA 5 :. yr NOTICE OF HEARING PI-D1119'?' 12/28/2018 Case Number: 17-287 OSSI KLOTZ LLC POSTED ON PROPERTY AND PO BOX 330833 ATLANTIC BEACH CITY HALL ATLANTIC BEACH, FL 32233 Property Address: 1850 MAYPORT RD ATLANTIC BEACH, FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on January 8, 2019 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known 1850 MAYPORT RD, RE#172075 0000, 17-2S-29E .25 PT GOVT LOT 3 RECD O/R 12109-1007 BEING PARCEL. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904) 247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ATTEST: ./ Lori Diaz, Records Clerk IF Angela Iriz.0y, Code Enforcem a' r?i>.�L�'rJV� CITY OF ATLANTIC BEACH ,sem �P sA 800 SEMINOLE ROAD \\N____ ti ATLANTIC BEACH, FL 32233 PHONE (904)247-5800 POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 17-287 Pursuant to Chapter 162, Florida Statutes and Sec. 2-147, City of Atlantic Beach City Code of Ordinances,I,Angela Irizarry,Code Enforcement Officer, City of Atlantic Beach, hereby affirm a Notice of Hearing, a copy of which is attached, was mailed regular mail and was posted at the following locations: (1) Date Posted: `Z! ?$ I k Location: 1850 MAYPORT RD, Atlantic Beach, Florida (2) Date Posted: I --\-2--% 11 Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 . N • 1 Angela Iriz. , Code Enforceme 4 . County of Duval State of Florida The foregoing Affidavit was acknowledged before me this day of , )pC ,i2 o sr 201 3 by Angela Irizarry,who is personally known to me as Code Enforcement for the City of Atlantic Beach. Person taking acknowledgement: ) (Notary Stamp/Seal) A��' C� • -.:. Notary Public,State of F r rid I. 0"•' . LORI DIAZ • :„I MY COMMISSION I GG 276336 SI EXPIRES:November 13,2022 •''.°. ..r°• Bonded ThruNotaryPiticUrdenwrters Law Offices William E. Corley, III 3050 Tamaya Blvd., No. 105 Jacksonville, FL 32246 Tel. 904-451-0296 wcorieviii@gmail.com Via Hand Delivery January 3, 2019 Code Enforcement Board City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Re: City of Atlantic Beach Code Enforcement v. Ossi Klotz LLC Case Nos. 17-285, 17-287, 17-288 Hearing Date: January 8, 2019 at 6:00 p.m. Dear Board Members: Enclosed please find my Objection to Constitutionally Defective Hearing Notice as to each of the three referenced cases set for hearing on January 8, 2019. As to Case Nos. 17-285 and 17-288,the roofs have been repaired, so those cases should be dismissed as moot at the hearing. As to Case No. 17-287,the property owner has elected the "board up and hold for future repairs" option to which it is entitled under the Atlantic Beach Code of Ordinances. Therefore, Case No. 17-287 should also be dismissed at the hearing. For your information,the roof on the building in Case No. 17-287 cannot yet be repaired due to a supply chain problem with the materials. As a matter of cooperation and compromise, we are prepared to offer at the hearing a settlement of Case No. 17-287 as follows: if the Board will defer Case No. 17-287 to the March hearing date, we will undertake to have the roof on that building repaired by the end of February 2019. I look forward to seeing you all at the hearing on January 8,2019 at 6:00 p.m. Thank you for your attention to this matter. Very truly yours, William E. Corley, III Enclosures (as noted) BEFORE THE CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA Case No. 17-287 Code Enforcement Department of the City of Atlantic Beach,Florida 800 Seminole Road. Atlantic Beach,FL 32233 v. OSSI KLOTZ LLC,Respondent P.O.Box 330833 Atlantic Beach, FL 32233 Property Address: 1850 Mayport Road Atlantic Beach, Florida OBJECTION TO CONSTITUTIONALLY DEFICIENT HEARING NOTICE AND NOTICE OF ELECTION TO BOARD UP AND HOLD PROPERTY FOR FUTURE REPAIRS Respondent OSSI KLOTZ LLC, by and through its undersigned attorney, gives notice of the following: OBJECTION TO CONSTITUTIONALLY DEFICIENT HEARING NOTICE 1. Respondent received via U.S. Mail a Notice of Hearing in Case No. 17-287, dated November 29, 2018 for a hearing set for 6:00 p.m. on January 8, 2019 (the"Notice of Hearing"). A duplicate of the Notice of Hearing, but dated December 28, 2018, was posted on the subject property on or about January 2, 2019. A copy of the Notice of Hearing is attached as Exhibit A hereto. The Notice of Hearing states the following: IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904)247-5855. 2. The Notice of Hearing is constitutionally deficient for two reasons: first, because it fails to include "the sworn statement of the code inspector setting forth the nature of the violation and reference to the appropriate code or ordinance"(emphasis added)required by Sec. 2-147(b)(2) of the Code of Ordinances; and second, because it fails to cite correctly and completely the controlling Ordinance of the City of Atlantic Beach. 3. The failure of the Notice of Hearing is constitutionally deficient because it fails to include the required sworn statement of the code inspector "setting forth the nature of the violation." In fact, the Notice of Hearing does not state the nature of the alleged violation at all. It merely cites to Sec.304.7 of the IPMC,without stating at all what the alleged facts are regarding the condition of the property in question. Further, the Notice of Hearing neither is made under oath and notarized, nor does it contain a statement that the statements made in the Notice of Hearing are made under the penalties for perjury. Therefore, as a matter of law, the Notice of Hearing fails to comply with "sworn statement" requirement of Sec. 2-147(b)(2) of the Code of Ordinances, and must be struck down as a nullity. 4. On separate grounds,the Notice of Hearing is constitutionally deficient because it fails to recite correctly and completely the controlling Ordinance of the City of Atlantic Beach. By Ordinance No.6-120,Code of Ordinances,the City of Atlantic Beach adopted the International Property Management Code ("IPMC"). 5. Section 110.1 of the IPMC,as adopted by the City of Atlantic Beach, states: 2 The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure, which in the code official's or owner's authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous,unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs,to repair and make safe and sanitary,or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than six months,the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official. (Emphasis added). 6. The failure of the Notice of Hearing to include Section 110.1 of the IPMC makes the Notice of Hearing constitutionally deficient because it fails to give Respondent notice of its option to elect to board up the subject property and to hold it for future repairs. That failure to give that notice violates the Due Process Clause of Art. I, Sec. 9 of the Florida Constitution, and the Due Process Clause of the Fourteenth Amendment to the United State Constitution. 7. That failure to give that notice is material, because the Notice of Hearing creates the false impression that the Respondent's only course of action is to make the specified repairs. As a practical matter, that option can be difficult or impossible to perform under circumstances when access to roofing companies is limited by excessive demand, or when making repairs is impractical due to the attendant expense. 8. As a matter of law, Respondent has the option to not make the repairs,but to instead board the building in compliance with the IPMC, and hold the building for future repairs. 9. In this case, Respondent hereby elects the option to board up the building and hold it for future repairs. Accordingly, Case No. 17-287 is moot. 3 WHEREFORE, Respondent OSSI KLOTZ LLC requests that the Code Enforcement Board either (a) dismiss Case No. 17-287 for lack of constitutionally sufficient notice, or (b) dismiss Case No. 17-287 as moot. Dated: January 3, 2019 V(Ite'e JAr/JI William E. Corley, III, Esquif Florida Bar No. 0363979 Attorney for OSSI KLOTZ LLC 3050 Tamaya Blvd.,No. 105 Jacksonville, FL 32246 Tel. 904-451-0296 E-mail: wcorleyiii@gmail.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that true copies of the foregoing were furnished to: the Code Enforcement Board of The City of Atlantic Beach, Florida, 800 Seminole Road, Atlantic Beach, FL 32233; and to Angela Irizarry, Code Enforcement Office, City of Atlantic Beach, Florida, 800 Seminole Road, Atlantic Beach, FL 32233 by hand delivery this 3 day of January, 2019. William E. Corley, III 4 EXHIBIT A-NOTICE OF HEARING Page 1 of 2 s 1-4.\-Pl:r>�, CODE ENFORCEMENT BOARD JS A{ S) CITY OF ATLANTIC BEACH, FLORIDA v NOTICE OF HEARING -tor319r 11/29/2018 ;/ Case Number: 17-287 OSSI KLOTZ LLC Certified Mail Return Receipt: PO BOX 330833 70171000000069910971 ATLANTIC BEACH, FL 32233 Property Address: 1850 MAYPORT RD ATLANTIC BEACH,FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on January 8, 2019 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known 1850 MAYPORT RD, RE#172075 0000, 17-2S-29E .25 PT GOVT LOT 3 RECD 0/R 12109-1007 BEING PARCEL. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904) 247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in 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. • • , Page 2 of 2 ATTEST: tr, Lori Diaz, Records Clerk Angela y, Code Enf ent CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH, FLORIDA,Petitioner vs. OSSI KLOTZ LLC,Respondent First Class and Certified Mail Return Receipt PO BOX 330833 Requested: 70171000000069911169 ATLANTIC BEACH, FL 32233 Property Address: 1850 MAYPORT RD ATLANTIC BEACH,FL Case Number: 17-287 Real Estate Parcel Number: 172075 0000 Legal Description: 17-2S-29E .25 PT GOVT LOT 3 RECD O/R 12109-1007 BEING PARCEL 2 THIS CAUSE came for public hearing before the Code Enforcement Board on January 8, 2019, 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 the Respondent owns the property located at 1850 MAYPORT RD, Atlantic Beach, Florida. 2. That notice was provided by Posting on the subject property and that Respondent's legal counsel, William Corley, was present at the hearing. 3. That notification of the violations of the Code of Ordinance of the City of Atlantic Beach, was made and served on the Respondent as evidenced in this hearing. 4. That by Order dated July 10, 2018, the Respondent was found in violation of IPMC 304.7 and allowed until August 2, 2018 to comply by obtaining the services of a licensed roofing contractor to obtain a permit and an approved final inspection of the roof. Failure to comply by August 2, 2018 would result in a $250.00 per day fine for the first day and $250.00 every day thereafter until full compliance was achieved. 5. That Respondent was not in compliance as of November 28,2018. 6. That due to a shortage of roofing workers,the Respondent was allowed until January 8, 2019 to come into compliance. Failure to comply would result in a$250.00 per day fine for the first day and $250.00 every day thereafter the violation continues to exist. 7. That as of January 8,2019, the Respondent was not in compliance. 8. That Respondent's counsel filed a document with the Code Enforcement Board on January 8, 2019 entitled"Objection to Constitutionally Deficient Hearing Notice and Notice of Election to Board Up and Hold Property for Future Repairs". 9. That additional time is necessary for the Board's attorney to consider the issues raised in the document filed by Respondent. 10. That counsel for Respondent stated that Respondent would come into compliance by performing the necessary roof repairs and having said repairs inspected prior to the Board's next meeting on March 12, 2019. 11. That this case needs to be continued to the Board's next meeting on March 12, 2019 at which time appropriate fmes will be determined. 01086937-2 Page 1 of 2 CONCLUSIONS OF LAW THAT the Respondent's property is NOT IN COMPLIANCE with the City of Atlantic Beach Code of Ordinances and that this case needs to be continued. 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 this case is continued to March 12, 2019 for further action. DONE AND ORDERED THIS January 8,2019. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ATTEST: _ 004 L r,ri Pdiaz, 'ecor s C erk Ben' • de Luna, Chairman Executed this /5 day of January_ , 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 U.S. Postal Service- this order's execution. CERTIFIED MAIL° RECEIPT Domestic Mail Only '� For delivery information,visit our website at www.usps.com" r� Certified Mail Fee E $ Extra Services&Fees(check box,add fee as appropriate) ❑Return Receipt(hardcopy) $ 0 Return Receipt(electronic) $ Postmark O 0 Certified Mail Restricted Delivery $ Here cm 0 Adult Signature Required $ ❑Adult Signature Restricted Delivery$ p Postage $ Total Postage and Fees N Sent T I-1 °KIML IZ O Street a d pt.No.,or ,O Box No. • 01086937-2 Page 2 of 2 city,State,ZIP+4® PS Form 3800,A.ril 2015 PSN 7530-02-000-9047 See Reverse for Instructions -W. _ jj - I, 3Nh 031100 lV 010d'SS3tlOOV Ntln13N 3111 d0 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse X 0 Agent so that we can return the card to you. 0 Addressee II this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No \(WZ5 I `1 - 2- 1 I I III 1111111 I I III 11111 3. Service Type 0 Adult Signature 0 Priority Mail Express® 0 Registered Mail'" ❑Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 2997 7094 0515 66 O Certified Mail® Delivery 0 Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation" 7 017 1000 0000 6991 1169 1 Insured Mail ❑Signature Confirmation ]Insured Mail Restricted Delivery Restricted Delivery , (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I $'A'V'j CODE ENFORCEMENT BOARD ...1.-- s2 CITY OF ATLANTIC BEACH, FLORIDA t' /Z. NOTICE OF HEARING f1-4 , 1/30/2019 Case Number: 17-287 OSSI KLOTZ LLC Certified Mail Return Receipt: PO BOX 330833 70171000000069911299 ATLANTIC BEACH,FL 32233 Property Address: 1850 MAYPORT RD ATLANTIC BEACH,FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. 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 H, Section 6-16. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on March 12,2019 at 6:00 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 1850 MAYPORT RD,RE#172075 0000, 17-2S-29E .17, PT GOVT LOT 3 RECD O/R 12109-1007, BEING PARCEL 2 International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. STATEMENT OF CODE ENFORCEMENT OFFICER: On 1/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1850 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: Roof and fascia is in need of repair to ensure a watertight building. 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. Page 1 of 2 7017 1000 0000 6991 1299 i; 'e) ❑inPO n ner mio�; aD1� '*(,._.,_) . - H • 5E= 3 O 0 la O- N v ;To a '� 2 , cn n n m CI- p 1 $ n c n .N y :. :o m C mr p,. _� •`. i r)/ =o ' ° --, ?_,- , o m a c 3 n r; ® II c CERTIFIED MAIL® cr 0 3 City of Atlantic Beach ►JEOPO5T FIRST-CLASS MAIL ' AIro, 800 Seminole RoadI 11/1/01111 I011 III ll )1/30/2019 Q 0 US POSTAGE$006.80° 2 . Atlantic Beach, Florida 32233 P 7017 1000 0000 6991 129* - ZIP 32233 041M11299654 g 5 p c cp Po OSSI KLOTZ LLC C-4 % cr Certified Mail Retu �( c PO BOX 330833 70171 NIXIE ATLANTIC BEACH, FL 32233 `` v e 1 0 3 119/i y ri RFTURN TCI cF NrfER Prope UNCLAIMED i o UNABLE TO ;=ORWARD i vim;,: BC: 32233546199 *1538-19098-31-3$ 3 : :•t� " illjiiilii'� s 'i'� ii i ' i'i'ii'� i� ii'•iiili li -._..—.,..... - ._ ._ _ i fil�i��i i i.i iili 1 � � j l ii fill I It i( 1 �' '� CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA /Vr NOTICE OF HEARING 2/28/2019 Case Number: 17-287 OSSI KLOTZ LLC POSTED ON PROPERTY AND PO BOX 330833 ATLANTIC BEACH CITY HALL ATLANTIC BEACH, FL 32233 Property Address: 1850 MAYPORT RD ATLANTIC BEACH,FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations.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. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on March 12,2019 at 6:00 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 1850 MAYPORT RD,RE#172075 0000, 17-2S-29E .17,PT GOVT LOT 3 RECD O/R 12109-1007,BEING PARCEL 2 International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. STATEMENT OF CODE ENFORCEMENT OFFICER: On 1/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1850 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: Roof and fascia is in need of repair to ensure a watertight building. 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. Page 1 of 2 I, T-`t1 Q_VCS — `Z_c•-r r`A , hereby swear and affirm that the above statement is true andcurate. OLJNZ(`—. Angela Irizarry, Code Enforcement Officer, City of Atlantic Beach ATTEST: AO7AT il Lori Diaz,Records Clerk0 Page 2 of 2 SI,AiIr'�' CITY OF ATLANTIC BEACH ' zs� 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 15 v PHONE (904) 247-5800 40E1911' POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 17-287 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 Violation, a copy of which is attached, was mailed regular mail and was posted at the following locations: (1) Date Posted: 42,-- 12C ) L 9_ Location: 1850 MAYPORT RD, Atlantic Beach, Florida (2) Date Posted: I l 1 2_0 L C\ Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 6 .....- Angela Iriza11 ode Enforceme i galy County of Duval EA State of Florida The foregoing Affidavit was acknowledged before me this 1___day of `(Y o,- 20 let, by Angela Irizarry,who is personally known to me as Code Enforcement for the City of Atlantic Beach. Person taking acknowledgement: ?) , (Notary Stamp/Seal) ar ' Notary Public, State of Flor',;v' �1.. •ys• "y�: LORI DIAZ ?l :•, YY COIIOSSION#GO 276336 i .,,P•moo.,' p�.E�XPIRES'Novambsr 13,2202222 Page 1 of 2 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH, FLORIDA, Petitioner vs. OSSI KLOTZ LLC, Respondent First Class and Certified Mail Return Receipt PO BOX 330833 Requested: 70171000000069911367 ATLANTIC BEACH, FL 32233 Property Address: 1850 MAYPORT RD ATLANTIC BEACH,FL Case Number: 17-287 Real Estate Number: 172075 0000 Legal Description: 17-2S-29E .17, PT GOVT LOT 3 RECD O/R 12109-1007, BEING PARCEL 2 THIS CAUSE came for public hearing before the Code Enforcement Board on March 12, 2019, 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 the Respondent owns the property located at 1850 MAYPORT RD,Atlantic Beach, Florida. 2. That notice was sent by Posting on the subject property and that Respondent was represented by William Corley, attormey, at the hearing. 3. That notification of the violations of the City of Atlantic Beach, were made and served on the Respondent as evidenced in this hearing. 4. That by Order dated July 10, 2018, the Respondent was found in violation of IPMC 304.7 and allowed until August 2, 2018 to comply by obtaining the services of a licensed roofing contractor to obtain a permit and an approved final inspection of the roof. Failure to comply by August 2, 2018 would result in a $250.00 per day fine for the first day and $250.00 every day thereafter until full compliance was achieved. 5. That the Respondent was not in compliance as of November 28,2018. 6. That due to a shortage of roofing workers, the Respondent was allowed until January 8, 2019 to come into compliance. Failure to comply would result in a 250.00 per day fine for the first day and $250.00 every day thereafter the violation continues to exist 7. That as of January 8, 2019,the Respondent was not in compliance. 8. That the Respondent's counsel filed a document with the Code Enforcement Board on January 8, 2019 entitled OBJECTION TO CONSTITUTIONALLY DEFICIENT HEARING NOTICE AND NOTICE OF ELECTION TO BOARD UP AND HOLD PROPERTY FOR FUTURE REPAIRS. 9. That additional time was necessary for the Board's attorney to consider the issues raised in the document filed by Respondent. 10. That this case was continued to the Board's next meeting on March 12, 2019 at which time appropriate fines would be determined. Page 2 of 2 11. At this hearing, Respondent reported that the roof was completed and all that was required was a final inspection by the Building Inspector. 12. That the Respondent continues to be in violation for non-compliance and must obtain compliance by requesting a final inspection on the roof repair from the Building Inspector on or before March 31, 2019 and provide the inspection results to the Code Enforcement Officer. CONCLUSIONS OF LAW THAT the Respondent is NOT IN COMPLIANCE and has failed to correct such violation as of this hearing date. 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 is found in violation for non-compliance and must obtain compliance on or before March 31, 2019. Failure to comply will result in fmes of$250.00 for the first day and $250.00 for every day thereafter while the violation continues to exist. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. THAT the Respondent is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance. THAT failure to pay all accumulated fmes will result in a lien being placed against the property at 1850 MAYPORT RD for the total assessment plus costs incurred for the filing of the lien. All lien amounts are to be made payable at an interest rate of ten (10) percent per annum from date of certification until paid. DONE AND ORDERED THIS March 12, 2019. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ATTEST: h Lori Diaz, Records Cle By: Benj de Luna, Chairman Executed this I 2.. day of March , 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. CERTIFIED MAILS . › City of Atlantic Beach 'O$1' FIRST-CLASS MAIL jc 1800 Seminole Road 12019 r- nom�++ Q Atlantic Beach Florida 32233 i iOSTAGE 006.802 7017 1000 0000 69911 i ; 041M1 299654 , k...., ,\ \i(3.,„_________ VS. Y.1.7 OSSI KLOTZ LLC, Respondent NI xi- `3•E PO BOX 330833 RETURN TO SENDER ATLANTIC BEACH, FL 32233 a TrE P?=' - of OlM UNABLE TO FORWARD ?i R iii Bl": 3223354E1av Yia� u_aaouz _`E_z0 . i 1111"1"11111111`1‘11"'"1"1�; '1! st t11 twill"1" 1P �!IPH . 33>546I 11 ; �, ,rrrr ,r r� R� r i li :3223:3-093333 E v N2 a° I— CL —d 3 N IIIio 0 U i W •y f0 J o' 1 •fg, g 5 ,.,, 13,. 0, .. E: 2 sr)^ > m qq Y [Q M' O I `aQ i I, ° d� �P� 1 ' 4 fi1 0 a¢ ¢Q a Ve + h2zE ? wWE m U O LL 0 e,u❑❑❑❑❑a• .,,F240(73Kn C3 2.9ET T669 0000 000T 2.702. Page 1 of 2 01`.41j. 1 CITY OF ATLANTIC BEACH, FLORIDA s A . I-. ii /ill NOTICE OF HEARING 13— 5/31/2019 Case Number: 17-287 OSSI KLOTZ LLC Certified Mail Return Receipt: PO BOX 330833 70171000000069911435 ATLANTIC BEACH, FL 32233 Property Address: 1850 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 July 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 1850 MAYPORT RD, RE#172075 0000, 17-2S-29E .17, PT GOVT LOT 3 RECD O/R 12109-1007, BEING PARCEL 2. 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 IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. STATEMENT OF CODE ENFORCEMENT OFFICER: On 1/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1850 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: Roof and fascia is in need of repair to ensure a watertight building. As of 5/30/2019 the roof has been repaired. 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. Page 1 of 2 Page 2 of 2 I, e_,Vc ,hereby swear and affirm that the above statement is true and accu te. Angel arty, Code Enforcement Officer, City of Atlantic Beach ATTEST: 9:ner) Lori Diaz, Records Clerk U.S. Postal Service'" CERTIFIED MAIL° RECEIPT • Domestic Mail Only For delivery information,visit our website at www.usps.com". r-4 it▪ Certified Mail Fee Cr $ "� Extra Services&Fees(check box,add fee as appropriate) ❑Return Receipt(hardcopy) $ ❑ Return Receipt(electronic) O $ Postmark Q ❑Certified Mail Restricted Delivery $ Here cp p Adult Signature Required $ ❑ Adult Signature Restricted Delivery$ CI Postage O $ Total Postage and Fees N Sen D Sire tin t.Noo,or PCI Box . City,State,ZIP+45 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Page 2 of 2 CORLEY LAW OFFICES, LLC • 645 MAYPORT ROAD, SUITE 5 ATLANTIC BEACH, FL 32233 TEL. 904-451-0296 WCORLEYIII@GMAIL.COM July 2,2019 • Via E-mail to: darlington@a,coab.us; alrizarry@coab.us Dan Arlington, Building Official Angela Irizarry, Code Enforcement Officer City of Atlantic Beach 800 Seminole Road Atlantic Beach,FL 32233 Re: Hearing Before Code Enforcement Special Magistrate—July 11,2019 @ 2:00 p.m. Confirmation that all outstanding Code Violations have been cured Dear Mr. Arlington and Ms. Irizarry: The following cases are set for hearing on July 11,2019 at 2:00 p.m.before the Code Enforcement Special Magistrate: 1. Case No. 17-285: 1820 Mayport Road. This building has roof repair needs and other issues. The owner agreed to resolve this case by boarding up this building. The boarding up has been successfully accomplished, and this building is now in compliance. Accordingly, Case No. 17-285 should be closed by the Special Magistrate. 2. Case No. 17-286: 1830 Mayport Road. This case was resolved by the owner agreeing to demolish the building. The demolition has in fact been successfully completed, as you both personally witnessed. This property is now therefore in compliance. Accordingly, Case No. 17- 286 should be closed by the Special Magistrate. 3. Case No. 17-287: 1850 Mayport Road. This building was boarded up, and was found in compliance by the Code Enforcement Board's Order of March 12,2019 in Case No. 18-064,which found that the building "now in compliance as long as the building remains boarded." To the extent that Case No. 17-287 is construed to still be open,that case has been resolved by the repair of the roof and the inspection by the City of Atlantic Beach accepting the roof repairs as complete. Accordingly Case No. 17-287 should be closed by the Special Magistrate. 4. Case No. 18-073: 1844 Mayport Road. The issue with this building was the need for a firewall if multiple tenants occupied the building. That issue has been cured. After consultation with the City of Atlantic Beach,the owner agreed: (a)that there shall be only one tenant(FishJax) in the building; (b) that the power cable to the other spaces shall be physically cut; (c) that the electric meter to FishJax may remain in operation; and (d) that the "house" electric meter may remain in operation because it powers the outside security lights. All four of these conditions have now been met. Accordingly, Case No. 18-073 should be closed by the Special Magistrate. Dan Arlington Angela Irizarry City of Atlantic Beach July 2,2019 Page Two This letter confirms that all of the above properties are now in compliance, and there are no issues left to be heard on July 11,2019 before the Special Magistrate. If there are any other issues with any of the above properties which you plan to present to the Special Magistrate on July 11,2019,please advise me immediately. Otherwise I will look forward to a brief appearance before the Special Magistrate at which we will agree that the above four cases should be closed. Thank you for all your time and attention in this matter. Regards, itifA;rpf., Cc: Code Enforcement Special Magistrate, City of Atlantic Beach, FL(via U.S. Mail) Shane Corbin, Director of Planning and Community Development(Via E-mail) Jeff Klotz,Managing Member of Ossi Klotz, LLC (Via E-mail). DOTTED LINE CERTIFIED MAIL® i'', 3T,,,y 'V€OPOST FIRCT-CLASS ACS MAII r City of Atlantic Beach ;► ` 800 Seminole Road 05/31/2019 0 N 1 US POSTAGE$006.80' Atlantic Beach, Florida 32233 qtr.), ZIP 32233 -y� 7017 1000 0000 6991 1435 041M11299654 illNCLAIM D Li, 5/31/2019 Case Number: 17-. ((q I T OSSI KLOTZ LLC Certified Mail Ret PO BOX 330833 7017100000006991 ATLANTIC BEACH, FL 32233 32 23 --093333 1111111111111"1111111111"11111111111111111111111111"111111111 Page 1 of 2 r','`� r., \ CITY OF ATLANTIC BEACH, FLORIDA rI NOTICE OF HEARING 1), J,31�f. 5/31/2019 Case Number: 17-287 OSSI KLOTZ LLC Certified Mail Return Receipt: PO BOX 330833 70171000000069911435 ATLANTIC BEACH,FL 32233 Property Address: 1850 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 July 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 1850 MAYPORT RD, RE#172075 0000, 17-2S-29E .17, PT GOVT LOT 3 RECD 0/R 12109-1007, BEING PARCEL 2. 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 IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. STATEMENT OF CODE ENFORCEMENT OFFICER: On 1/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1850 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: Roof and fascia is in need of repair to ensure a watertight building. As of 5/30/2019 the roof has been repaired. 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. Page 1 of 2 Page 2 of 2 I, eX. .‘. `.` ,hereby swear and affirm that the above statement is true and acce. ( ' 0) L-- Angel2rry, Code Enforcement Officer, City of Atlantic Beach ATTEST: Lori Diaz, Records Clerk U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information,visit our website at www.usps.com°. • 0^ Certified Mail Fee Q" $ Extra Services&Fees(check box,add fee as appropriate) O ['Return Receipt(hardcopy) $ ❑Return Receipt(electronic) $ Postmark 0 Certified Mail Restricted Delivery $ Here ['Adult Signature Required $ ['Adult Signature Restricted Delivery$ p Postage O $ Total Postage and Fees ra r- Sen O B'tret�an�/Wt.No.,or P[7 Bo ----- r- City, State,ZI15+4e PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Page 2 of 2 - 0yLy,.'f, CITY OF ATLANTIC BEACH Pr V t;„ :J800 SEMINOLE ROAD f ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 4-1•05119 NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 17-287 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: 1 Location: 1850 MAYPORT RD, Atlantic Beach, Florida (2) Date Posted: - 1 1, ( Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 / Angela Iriz , Code Enforcement County of Duval State of Florida The oregoing Affidavit was acknowledged before me this 1 day of �L1\\� 1 20 19 , by Angela Irizarry,who is personally known to me as Code Enforcement for the City of Atlantic Beach. Person taking acknowledgement: z. — cl 4'(Notary Stamp/Seal) ,U Notary Public, State of Florid te6i N ' •gyp' MYcoars ON#00276336 i if• pMathOMwreis CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER CITY OF ATLANTIC BEACH,FLORIDA,Petitioner vs. OSSI Klotz,LLC Respondent First Class and Certified Mail Return Receipt ! 7 g P.O. Box 330833 Requested:70/-7 /060 600 0 (DcYc// ATLANTIC BEACH,FL 32233-2551 Property Addresses: 1830 MAYPORT RD; 1850 MAYPORT,RD; and 1800, 1842, 18144, 1846, and 1848 MAYPORT RD ATLANTIC BEACH,FL Case Numbers: 17-286; 17-287;and 18-073 Real Estate Numbers: 173275-0200; 172075- 0000; and 172236-0010, Legal Descriptions: 17-2S-29E.25 PT GOVT LOT 3,RECD O/R 12109-1007 BEING PARCEL 4; and 17-2S-29E . 30 DONNERS R/P N 1/2 LOT 3,N 100FT LOT 4 BLK 4 ORDER ON CASE NOS. 17-286, 17-287,and 18-073 THIS CAUSE came for public hearing before the 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, issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT 1. Respondent owns the properties referenced above under Property Addresses in Atlantic Beach, Florida. 2. Notice of the hearing was sent by Certified Mail. 3. Respondent's representative Bill Corley was present at the hearing. 4. Notification of the violations of the City of Atlantic Beach were made and served on the Respondent. 5. While Code violations at one time existed,the property owner has removed or demolished the offending conditions and is in the process of obtaining permits for renovations. CONCLUSIONS OF LAW 6. 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 July 2qt,2019. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: / Cs. Lori Diaz, Records Clerk ." Je s f. Branham, Special Magistrate Executed this .36 day aiaid ,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. CORLEY LAW OFFICES, LLC 645 MAYPORT ROAD, SUITE 5 ATLANTIC BEACH, FL 32233 TEL. 904-451-0296 WCORLEYIII@GMAIL.COM July 2, 2019 Via E-mail to: darlington@coab.us; aIrizarry@coab.us Dan Arlington,Building Official Angela Irizarry, Code Enforcement Officer City of Atlantic Beach 800 Seminole Road Atlantic Beach,FL 32233 Re: Hearing Before Code Enforcement Special Magistrate—July 11, 2019 @ 2:00 p.m. Confirmation that all outstanding Code Violations have been cured Dear Mr. Arlington and Ms. Irizarry: The following cases are set for hearing on July 11,2019 at 2:00 p.m.before the Code Enforcement Special Magistrate: 1. Case No. 17-285: 1820 Mayport Road. This building has roof repair needs and other issues. The owner agreed to resolve this case by boarding up this building. The boarding up has been successfully accomplished, and this building is now in compliance. Accordingly, Case No. 17-285 should be closed by the Special Magistrate. 2. Case No. 17-286: 1830 Mayport Road. This case was resolved by the owner agreeing to demolish the building. The demolition has in fact been successfully completed, as you both personally witnessed. This property is now therefore in compliance. Accordingly, Case No. 17- 286 should be closed by the Special Magistrate. 3. Case No. 17-287: 1850 Mayport Road. This building was boarded up, and was found in compliance by the Code Enforcement Board's Order of March 12,2019 in Case No. 18-064,which found that the building "now in compliance as long as the building remains boarded." To the extent that Case No. 17-287 is construed to still be open,that case has been resolved by the repair of the roof and the inspection by the City of Atlantic Beach accepting the roof repairs as complete. Accordingly Case No. 17-287 should be closed by the Special Magistrate. 4. Case No. 18-073: 1844 Mayport Road. The issue with this building was the need for a firewall if multiple tenants occupied the building. That issue has been cured. After consultation with the City of Atlantic Beach,the owner agreed: (a)that there shall be only one tenant(FishJax) in the building; (b) that the power cable to the other spaces shall be physically cut; (c) that the electric meter to FishJax may remain in operation; and (d) that the "house" electric meter may remain in operation because it powers the outside security lights. All four of these conditions have now been met. Accordingly, Case No. 18-073 should be closed by the Special Magistrate. Dan Arlington Angela Irizarry City of Atlantic Beach July 2,2019 Page Two This letter confirms that all of the above properties are now in compliance, and there are no issues left to be heard on July 11,2019 before the Special Magistrate. If there are any other issues with any of the above properties which you plan to present to the Special Magistrate on July 11,2019,please advise me immediately. Otherwise I will look forward to a brief appearance before the Special Magistrate at which we will agree that the above four cases should be closed. Thank you for all your time and attention in this matter. Regards, Cc: Code Enforcement Special Magistrate, City of Atlantic Beach, FL(via U.S. Mail) Shane Corbin, Director of Planning and Community Development(Via E-mail) Jeff Klotz, Managing Member of Ossi Klotz, LLC (Via E-mail).