CE 1044 Hibiscus St Case #18-322 ► ; E — 3zZ
J'
t1
. }
--K'__-.0,0s).,- STOP WORK
J
CITY OF ATLANTIC BEACH
BUILDING AND ZONING DEPARTMENT (904) 247-5826
NOTICE
This building has been inspected and work regarding:
Xv General Construction ❑ Mechanical
Concrete and Masonry ❑ Electrical
❑ Plumbing ❑ Gas Piping
IS NOT ACCEPTED AND MUST CEASE
CORRECT AS NOTED BELOW, BEFORE ANY FURTHER WORK:
rpm. inVick )'!C tAi14 iNN 00 0+ Y ftl4i '' t poi
pev 1'•' '1o& re14t 41 70 1S4 C* 19 t.► t i&kw A
ADDRESS:
1041# ; blew ' Si , p . a .
Please contact our department regarding this notice within 10 days. If you do
not, this violation will be forwarded to the CODE ENFORCEMENT BOARD.
The posting of this placard by its contents shall serve as due notice.
DO NOT REMOVE THIS NOTICE
Inspector: Yr ` Date: /0 . 2 ' ,a oI 4/
•;1 _.141j. City of Atlantic Beach
a� 800 Seminole Road
rjre) Atlantic Beach, FL, 32233
Var Phone: 904-247-5800
Notice of Violation
November 06, 2018
PISCHLY SANDRA ESTATE CASE NO. 18-322
1044 HIBISCUS ST REAL ESTATE NO. 171002 0065
ATLANTIC BEACH, FL 32233 RETURN RECEIPT:
VIOLATION LOCATION: 1044 HIBISCUS ST
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:
1. Fences No Permit-Sec.24-157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit
is required for any new or replacement fences and walls shall comply with the following provisions.
Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may be used
interchangeably within this chapter, and shall mean as specifically being within section 24-17. Fences must be
constructed out of materials that are customarily used for fences.
ACTION REQUIRED WITHIN five(5) DAYS OF THE RECEIPT OF THIS NOTICE: Please apply for a permit for the
new wooden fence or have the fence removed.
Thank you for your cooperation in this matter. Failure to correct the violation(s) by the required date may
result in this case being referred to the Code Enforcement Board resulting in fines up to two-hundred fifty
($250.00) per day. Upon completion of action required it is your responsibility to contact me and arrange for
an inspection to verify compliance. If you have any questions contact Code Enforcement at 904-247-5855.
Sincerely,
Angela Irizarry
Code Enforcement
s /- City of Atlantic Beach
rf 800 Seminole Road
Atlantic Beach, FL, 32233
Phone: 904-247-5800
Notice of Violation
November 06, 2018
LANCE PISCHLY CASE NO. 18-322
411 Ashcroft Landing Dr. REAL ESTATE NO. 171002 0065
JACKSONVILLE, FL 32225 RETURN RECEIPT:
VIOLATION LOCATION: 1044 HIBISCUS ST
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:
1. Fences No Permit-Sec.24-157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit
is required for any new or replacement fences and walls shall comply with the following provisions.
Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may be used
interchangeably within this chapter, and shall mean as specifically being within section 24-17. Fences must be
constructed out of materials that are customarily used for fences.
ACTION REQUIRED WITHIN five (5) DAYS OF THE RECEIPT OF THIS NOTICE: Please apply for a permit for the
new wooden fence or have the fence removed.
Thank you for your cooperation in this matter. Failure to correct the violation(s) by the required date may
result in this case being referred to the Code Enforcement Board resulting in fines up to two-hundred fifty
($250.00) per day. Upon completion of action required it is your responsibility to contact me and arrange for
an inspection to verify compliance. If you have any questions contact Code Enforcement at 904-247-5855.
Sincerely,
Angela Irizarry
Code Enforcement
. City of Atlantic Beach
� 800 Seminole Road
v5_. • ;' Atlantic Beach, FL, 32233
Phone: 904-247-5800
Notice of Violation (Return Receipt)
December 03,2018
LANCE PISCHLY CASE NO. 18-322
411 Ashcroft Landing Dr. REAL ESTATE NO. 171002 0065
JACKSONVILLE, FL 32225 RETURN RECEIPT: 7018 2290 0001 0116 2518
VIOLATION LOCATION: 1044 HIBISCUS ST
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:
1. Fences No Permit-Sec. 24-157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit
is required for any new or replacement fences and walls shall comply with the following provisions.
Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may be used
interchangeably within this chapter, and shall mean as specifically being within section 24-17. Fences must be
constructed out of materials that are customarily used for fences.
ACTION REQUIRED WITHIN five(5) DAYS OF THE RECEIPT OF THIS NOTICE: Please apply for a permit for the
new wooden fence or have the fence removed.
Thank you for your cooperation in this matter. Failure to correct the violation(s) by the required date may
result in this case being referred to the Code Enforcement Board resulting in fines up to two-hundred fifty
($250.00) per day. Upon completion of action required it is your responsibility to contact me and arrange for
an inspection to verify compliance. If you have any questions contact Code Enforcement at 904-247-5855.
Sincerely,
Angela Irizarry
Code Enforcement
rs-�L`fr City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL, 32233
Phone: 904-247-5800
Notice of Violation (Return Receipt)
December 03, 2018
LANCE PISCHLY CASE NO. 18-322
411 Ashcroft Landing Dr. REAL ESTATE NO. 171002 0065
JACKSONVILLE, FL 32225 RETURN RECEIPT: 7018 2290 0001 0116 2518
VIOLATION LOCATION: 1044 HIBISCUS ST
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:
1. Fences No Permit-Sec. 24-157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit
is required for any new or replacement fences and walls shall comply with the following provisions.
Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may be used
interchangeably within this chapter, and shall mean as specifically being within section 24-17. Fences must be
constructed out of materials that are customarily used for fences.
ACTION REQUIRED WITHIN five (5) DAYS OF THE RECEIPT OF THIS NOTICE: Please apply for a permit for the
new wooden fence or have the fence removed.
Thank you for your cooperation in this matter. Failure to correct the violation(s) by the required date may
result in this case being referred to the Code Enforcement Board resulting in fines up to two-hundred fifty
($250.00) per day. Upon completion of action required it is your responsibility to contact me and arrange for
an inspection to verify compliance. If you have any questions contact Code Enforcement at 904-247-5855.
Sincerely, U.S. Postal Service '
GA1
m CERTIFIED MAIL° RECEIPT
,.. Domestic Mail Only
fLn
ru For delivery information,visit our website at www.usps.com .
Angela marry .4yC.� r..: ,.
Code Enforcement Certified Mad Fee
( $
a
Extra Services&Fees(check box,add fee es appropriate)
0 Return Receipt(hardcopy) $
e3 0 Return Receipt(electronic) $ Postmark
im 0 Certified Mall Restricted Delhrery $ Here
O 0 Adult Signature Required y
0 Adult Signature Restricted Delivery$
Postage
Er
ru $
ru Total Postage and Fees
$
r-9 Sent To
ll --
1� Street and-Al o. drib-110 .:
(ti
City,state,Z/P+4+
1 1�
PS Form 3800,April 2015 PSN'530-02-000-9047 See Reverse for Instructions
j► Jr,,, CODE ENFORCEMENT BOARD
J r }
7-4 t `� CITY OF ATLANTIC BEACH, FLORIDA
•
NOTICE OF HEARING
J;11>f"
1/30/2019 Case Number: 18-322
PISCHLY SANDRA ESTATE Certified Mail Return Receipt:
1044 HIBISCUS ST 70171000000069911305
ATLANTIC BEACH,FL 32233
Property Address: 1044 HIBISCUS ST
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 1044 HIBISCUS
ST, RE#171002 0065, 18-34 17-2S-29E .087,ATLANTIC BEACH SEC H, S 37FT LOT 6 BLK 188
International Property Maintenance Code/City Code of Ordinances
Sec. 24-157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit is required
for any new or replacement fences and walls shall comply with the following provisions.
Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may
be used interchangeably within this chapter, and shall mean as specifically being within section 24-17.
Fences must be constructed out of materials that are customarily used for fences.
STATEMENT OF CODE ENFORCEMENT OFFICER: On 1/25/2019 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 1044 HIBISCUS ST. 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: Fence was installed on the property without obtaining a permit from the City of Atlantic
Beach.
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
Page 1 of 2
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, tr,fle C;� 2�7c1Nr , hereby swear and affirm that the above statement
is true andccurate.
Q1\ Qo
Angela' zany,
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
Lori Diaz, Records Clerk
U.S. Postal Service-
CERTIFIED MAIL® RECEIPT
lrl
0 Domestic Mail Only
R'11-1 For delivery information,visit our website at www.usps.com°.
Ir Certified Mail Fee
Extra Services&Fees(check box,add lee as appropriate)
0 Return Receipt(hardcopy) $
0 Return Receipt(electronic) $ Postmark
O ❑Certified Mal Restricted Delivery $ Here
t= ❑Adutt Signature Required $
0 Adult Signature Restricted Delivery$
MI Postage
O $
r�
Total Postage and Fees
r- Se
1-Rb., 1c-3Zit
� Si�eei and L ,or Box No.
City,state,ZIP+4+
PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
Page 2 of 2
*,-;11'1-liv7ric CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
2/27/2019 Case Number: 18-322
PISCHLY SANDRA ESTATE POSTED ON PROPERTY AND
1044 HIBISCUS ST ATLANTIC BEACH CITY HALL
ATLANTIC BEACH, FL 32233
Property Address: 1044 HIBISCUS ST
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 1044 HIBISCUS
ST, RE#171002 0065, 18-34 17-2S-29E .087,ATLANTIC BEACH SEC H, S 37FT LOT 6 BLK 188.
International Property Maintenance Code/City Code of Ordinances
Sec. 24-157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit is required
for any new or replacement fences and walls shall comply with the following provisions.
Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may
be used interchangeably within this chapter, and shall mean as specifically being within section 24-17.
Fences must be constructed out of materials that are customarily used for fences.
STATEMENT OF CODE ENFORCEMENT OFFICER: On 1/25/2019 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 1044 HIBISCUS ST. 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: Fence was installed on the property without obtaining a permit from the City of Atlantic
Beach..
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, J2 tC. t 7C f I , hereby swear and affirm that the above statement
is true and a ate.
Angela Irizarry,
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
Lori Diaz,Records Clerk
< %- '`lr
s ' '�' CITY OF ATLANTIC BEACH
Jv ,_
, � ss. 800 SEMINOLE ROAD
0 ATLANTIC BEACH, FL 32233
-r
PHONE (904) 247-5800
l'.-/-r E1!Y
NOH POSTING AFFIDAVIT AND
PROOF OF MAILING REGULAR MAIL
Case Number: 18-322
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: ? \2%\ Lc)
Location: 1044 HIBISCUS ST, Atlantic Beach, Florida
(2) Date Posted: 3\ k (7 L i
Location: ATLANTIC BEACH CITY HALL
L_
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
i NI,
,‘ .
...- 4,„„,....
Angela Iriza)§%Ci,ode Enforcement'
County of Duval IIII
State of Florida
The foregoing Affidavit was acknowledged before me this 1 day of mote( k
20 Y C(, by Angela Irizarry,who is personally known to me as Code Enforcement for the City of
Atlantic Beach.
Person taking acknowledgement:
(Notary Stamp/Seal) _ OL a
otary Public, State of Flo al a
fp,.v ; .�/..y.�� LORI Mow
336
w276 36
:. .*� :*_ NIS COIMII SStON W 216
EXPIRES:November 13,2022
f.............. Bonded Tivu Notary Pubic UndenwIlens
Page 1 of 2
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
ORDER
CITY OF ATLANTIC BEACH, FLORIDA,Petitioner
vs.
PISCHLY SANDRA ESTATE, Respondent First Class and Certified Mail Return Receipt
1044 HIBISCUS ST Requested: 70171000000069911398
ATLANTIC BEACH, FL 32233
Property Address: 1044 HIBISCUS ST
ATLANTIC BEACH,FL
Case Number: 18-322
Real Estate Number: 171002 0065
Legal Description: 18-34 17-2S-29E .087, ATLANTIC BEACH SEC H, S 37FT LOT 6 BLK 188
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 1044 HIBISCUS ST,Atlantic Beach, Florida.
2. That notice was sent by Posting on the subject property and that Respondent was not present 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 the Respondent is in violation of Sections 24-157 and 24-17 of the City of Atlantic Beach
Ordinances and must obtain compliance within 15 days of this hearing date. Failure to comply
will result in a fine of$100 per day for the first day and$100 per day for every day thereafter
until full compliance is achieved.
CONCLUSIONS OF LAW
THAT the Respondent is NOT IN COMPLIANCE with the provisions of Sections 24-157 and 24-17 of
the City of Atlantic Beach Code of Ordinances and has failed to correct such violation as of this hearing
date.
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 March 27, 2019. Failure to comply will result in fines of$100 for the first day and $100 for every
day thereafter while the violation continues to exist. In addition, any fine shall also include the
administrative costs to the City incurred in prosecuting this case.
THAT the Respondent is responsible for contacting the City of Atlantic Beach Code Enforcement
Officer and obtaining an inspection of compliance.
THAT failure to pay all accumulated fines will result in a lien being placed against the property at 1044
HIBISCUS ST for the total assessment plus costs incurred for the filing of the lien. All lien amounts are
to be made payable at an interest rate of ten(10)percent per annum from date of certification until paid.
DONE AND ORDERED THIS March 12, 2019.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
ATTEST:
Lori Diaz, Records Clerk ' • :enj..• de Luna, Chairman
U.S. p
CERT
Executed this day of March ,2019. o' Do eesr;�M �oD A447j®RE
' For tsVery f 1474
PLEASE NOTE: Florida Statutes, Section '� °'"'ate Vs;t°Ceif; � ur website162.11, states that an appeal of this order shallQ- ett �.(J "c°ryt-.
be filed in circuit court within thirty(3 0)days of o Extra
rra Se R��$Fps '
this order's execution. o cRetun,' t(h`�c Py()chock
�
Q rcertrfreC Al""
'Pt t tnete0. $ ePPruaaete)
Rests _
Adt �n�tu�R� llvery $_
OQ ,.• � �kte°°ellvery$= t'°:ark
Poe aFees
20usi
anpj_' or#&e, 4Nao-t- • _ .11111
38 °,April 2°15 PSN 7530_02, _
See Ret,efse for InstrU "
Page 1 012
, 0 LAI. rir, CITY OF ATLANTIC BEACH, FLORIDA
iii
t J NOTICE OF HEARING
rJ �? s)
�-t.Jstl!P
5/31/2019 Case Number: 18-322
PISCHLY SANDRA ESTATE Certified Mail Return Receipt:
1044 HIBISCUS ST 70171000000069911480
ATLANTIC BEACH, FL 32233
Property Address: 1044 HIBISCUS ST
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
1044 HIBISCUS ST, RE#171002 0065, 18-34 17-2S-29E .087, ATLANTIC BEACH SEC H, S 37FT
LOT 6 BLK 188. The City of Atlantic Beach adopted the International Property Maintenance Code and
the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article
II, Section 6-16.
International Property Maintenance Code/City Code of Ordinances
Sec. 24-157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit is required
for any new or replacement fences and walls shall comply with the following provisions.
Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may
be used interchangeably within this chapter, and shall mean as specifically being within section 24-17.
Fences must be constructed out of materials that are customarily used for fences.
STATEMENT OF CODE ENFORCEMENT OFFICER: On May 30, 2019 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 1044 HIBISCUS ST. 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: Fence was installed on the property without obtaining a permit from the City of Atlantic
Beach. On March 12, 2019, the Code Enforcement Board entered an order notifying you that you had 15
days to obtain the permit or fines would be assessed in the amount of$100/day. As of May 30, 2019 no
permit has been applied for or obtained.
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
CERTIFIED
`'4 , '41t,—,0City of Atlantic Beach
N o °' �► 800 Seminole Road /3i • i. . ,
• 4: 11 10 I US POSTAGE ► 4 • .
N s
Atlantic Beach, Florida 32233 .
OSA Jt[_' ;.
a + 7017 1000 0000 6991 1480 ZIP 322
33
V, 041M11299654
U O ( � � t
N cn
O 1
. i
i/31/2019 Case N '^ ^^'
b8 IY.LA1t ��[ Ut 1 OVOID/ Ltt1�!
° 'ISCHLY SANDRA ESTATE '� f R RETURN _�Y t.
Certil ,rNr,
a, ta, -044 HIBISCUS ST 70171 UNABLE TO FORWARD
•° 'ATLANTIC BEACH, FL 32233 BC! 32233546199 * 1.7 3 8 0 E 8' 8— 31_ 4•
.. '0 N i 3.22 3 3> 4 1 3i� iz � t11l < sti� ���a4syaa.ss3.��� i1
v) O
O a) czt
O O O ----
0 0 0 vet
o
O O :1 0,
' oma -4 a
Ems : ,1•1 �, '
J o
cf) 3 0 W•
M�
_s4 � J � N2F
y O
C.) O 4, , C) $ z
Cf) Roc
m vO 15,-,78-
c-) ` $ .O • o a
aUON aHh ?•ri4U
a) s, o
cu
04 a) gig 03
� .Ct�," •ti U .� ~ U �Q" Q- .7 W � ¢ oa°v) , cra WTi") OOO❑ab .ic9
00 :giU a
0 0 O O 09$x [ [669 0000 000T LTOLo° 0
CITY OF ATLANTIC BEACH
sty 800 SEMINOLE ROAD
ATLANTIC BEACH,FL 32233
J tr
PHONE (904) 247-5800
NOH POSTING AFFIDAVIT AND
PROOF OF MAILING REGULAR MAIL
Case Number: 18-322
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: t
Location: 1044 HIBISCUS ST, Atlantic Beach, Florida
Posted:
(2) Date
Location: ATLANTIC BEACH CITY HALL
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
Angela Irizarry, ode Enforcement , •
County of Duval
State of Florida
The foregoing Affidavit was acknowledged before me this ` day of A\/
20 kg , by Angela Irizarry,who is personally known to me as Code Enforcement fdr the City of
Atlantic Beach.
Person taking acknowledgement:
(Notary Stamp/Seal)
Nota Public, State of Florida
^ 1 — LORI DIAZ
`1r
;. INoow SION:oc 276336 1
'?>iq , • E *amber 13,2022
�t.�' Bonded nos Plait Undaeein,
,, rj \,'Ilit, CODE ENFORCEMENT
u" )r .�-" 9 CITY OF ATLANTIC BEACH, FLORIDA
---'1ip
NOTICE OF HEARING
-"J31}-9‘i-
7/1/2019
fir"
7/1/2019 Case Number: 18-322
PISCHLY SANDRA ESTATE POSTED ON PROPERTY AND
1044 HIBISCUS ST ATLANTIC BEACH CITY HALL
ATLANTIC BEACH, FL 32233
Property Address: 1044 HIBISCUS ST
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
1044 HIBISCUS ST, RE#171002 0065, 18-34 17-2S-29E .087, ATLANTIC BEACH SEC H, S 37FT
LOT 6 BLK 188. The City of Atlantic Beach adopted the International Property Maintenance Code and
the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6,Article
II, Section 6-16.
International Property Maintenance Code/City Code of Ordinances
Sec. 24-157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit is required
for any new or replacement fences and walls shall comply with the following provisions.
Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may
be used interchangeably within this chapter, and shall mean as specifically being within section 24-17.
Fences must be constructed out of materials that are customarily used for fences.
STATEMENT OF CODE ENFORCEMENT OFFICER: On May 30, 2019 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 1044 HIBISCUS ST. 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: Fence was installed on the property without obtaining a permit from the City of Atlantic
Beach. On March 12, 2019,the Code Enforcement Board entered an order notifying you that you had 15
days to obtain the permit or fines would be assessed in the amount of$100/day. As of May 30, 2019 no
permit has been applied for or obtained..
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, - N t • lip A.c ` , hereby swear and affirm that the above statement
is trueanda I ate.
•
Angela Iriz y, di
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
.).1x5_..uld L •
Lori Diaz,Records Clerk
,
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MEETING
ORDER IMPOSING FINE/LIEN
CITY OF ATLANTIC BEACH,FLORIDA, Petitioner
vs.
PISCHLY SANDRA ESTATE,Respondent First Class and Certified Mail Return Re pt �s�
1044 HIBISCUS ST Requested:�/7 /wo (Y000 Cocit
(71
ATLANTIC BEACH, FL 32233
Property Address: 1044 HIBISCUS ST
ATLANTIC BEACH, FL
Case Number: 18-322
Real Estate Number: 171002 0065
Legal Description: 18-34 17-2S-29E .087,ATLANTIC BEACH SEC H, S 37FT LOT 6,BLK 188
ORDER IMPOSING FINE ON CASE NO. 18-322
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, and thereupon issues the Findings of Fact, Conclusions of Law and
Order as follows:
FINDINGS OF FACT
1. Respondent owns the property located at 1044 Hibiscus Street,Atlantic Beach,Florida.
2. Notice was sent by Certified Mailing and that Respondent was not present at the hearing.
3. Notification of the violations of the City of Atlantic Beach,were made and served on the
Respondent as evidenced in this hearing.
4. A stop work order was issued on October 2, 2018 due to Respondent's construction of a fence
• without a permit.
5. As of May 30,2019,Respondent had not applied for a building permit.
6. The Code Enforcement Board held a hearing on March 12, 2019 and entered an Order on March
12,2019 that required Respondent to correct violations by March 27,2019 or incur fines of$100
per day.
7. The non-compliance has not been corrected and existed as of July 11, 2019.
8. The violation is serious because Respondent has failed to obtain a permit for construction.
Improperly constructed fences pose hazards during high-wind events, among other hazards.
CONCLUSIONS OF LAW
9. These conditions violate Atlantic Beach Code of Ordinances § 24-157.
10. Respondent's continued non-compliance supports the imposition of a fine of $100 per day
beginning on March 28, 2019.
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 violation for non-compliance with the Code Enforcement order of March
12, 2019,and failed to obtain compliance on or before March 27,2019,the Special Magistrate orders that
a fine of$100 dollars per day and $100 for every day thereafter while the violation continues to exist be
imposed commencing on March 28, 2019. In addition, fines shall 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 1044
Hibiscus Street 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 2-day of July, 2019.
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
ATTEST: e-le: ,,/�
Lori Diaz, Records(Clerk Jeb . Branham, Special Magistrate
Executed thisa0day ofI 1/ 2019.
PLEASE NOTE: Florida Statutes, Section
162.11, states that an appeal of this order shall
be filed in circuit court within thirty(30) days of
this order's execution.
U.S. Postal Service'"
CERTIFIED MAIL® RECEIPT
m Domestic Mail Only
ra
For delivery information,visit our website at www.usps.com'.
ar I %„:r
Cr Certified Mail Fee
Cr
Extra Services&Fees(check box,add fee as appropriate)
0
0 Return Receipt(hardcopy) $
0 ❑Return Receipt(electronic) $ Postmark
O 0 Certified Mail Restricted Delivery $ Here
❑Adult Signature Required $
0 Adult Signature Restricted Delivery$
O Postage
$
Total Postage and Fees
r- Sent Topi
\ I s#±3�
Street and Apt.Afo.,orx No.
lti
bity,State,ZIP+4+
PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
,, ? City of Atlantic Beach • Por
!k2°107T
19„,, —771 ri 800 Seminole Roady 1 L1111111 III I1STAGE����•802.vorair Atlantic Beach, Florida 32233
7017 1000 0000 6991 1 ZIP 32233
041 M11299654
L\') /L— a) RECEIVED
SEP 17 2019
PISCHLY SANDRA ESTATE, Respondent First Class an
1044 HIBISCUS ST NIY.IP'_� 322 9E 1 7289/15 /19 I
ATLANTIC BEACH, FL 32233
€;7=1.1Qt. TO c tsiy I
UNABLE TO FORWARD I
UNt 3C: 32233546199 *1538-06726-31-40 I
343--;• i' odI1LlI1llioirilll!lllllHIlIOl..1.lil11114lIidl,Ll,*lllti,I ]