CE 198 Poinsettia Case 14-00000980 Order resetting fine CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MEETING
ORDER REDUCING FINE/LIEN
CITY OF ATLANTIC BEACH,FLORIDA, Petitioner
vs.
WAYNE DOUGLAS SCOTT,Respondent First Class and Certified Mail Return Receipt
198 POINSETTIA ST Requested:70r1 /600 a o c'O 69qq/ /&o
ATLANTIC BEACH,FL 32233
Property Address: 198 POINSETTIA ST
ATLANTIC BEACH,FL
Case Number: 14-00000980
Real Estate Number: 170636 0510
Legal Description: Lot N1/2 Lot 684, Saltair Sec 3
ORDER REDUCING FINE ON CASE NO. 14-00000980
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. The Respondent owned the property located at 198 Poinsettia Street,Atlantic Beach,Florida, and
the property has since been acquired by a lienholder at a foreclosure sale.
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. The Code Enforcement entered an Order on January 18, 2017 that imposed fines of$250 per day
beginning on January 3,2017.
5. As of February 6, 2019,the fines, interest, and costs exceeded$230,000.
6. The structure at issue is a two-unit townhouse, one unit of which is occupied. The liened
premises have deteriorated beyond repair. Due to the continued occupation of one unit, it is not
practical for Atlantic Beach to demolish the structure.
7. Numerous parties interested in purchasing the premises have contacted Atlantic Beach regarding
the lien it holds on the property.
• 8. If the lien could be reduced,the property would be purchased and rehabilitated.
9. Staff recommended reduction of the lien to $5,000 to allow for purchase and rehabilitation.
CONCLUSIONS OF LAW
10. A reduction of the lien to $5,000 serves the public interest by encouraging the purchase and
rehabilitation of the property.
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 City of Atlantic Beach's lien against the above-reference property is reduced to $5,000 and
shall remain at$5,000 until such time as it is satisfied.
DONE AND ORDERED THIS 21 day of July 2019.
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
ATT ST:
Or/
Lori Diaz, Records 4rk Byfeb T. Branham, Special Magistrate
Executed this .O day of j-y,/r
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
Domestic Mail Only
For delivery information,visit our website at www.usps.com"'.
IT' Certified Mail Fee
`"0 Extra Services&Fees(check box,add fee as appropriate)
O ElReturn Receipt(hardcopy) $
❑Return Receipt(electronic) $ Postmark
CI In Certified Mail Restricted Delivery $ Here
❑Adult Signature Required $
❑
Adult Signature Restricted Delivery$
O Postage
$
Total Postage and Fees
fry
treat altd/cot No,orPO box No
„A 1st 1(1-- 0000980
City,State,ZIP+4°
PS Form 3800,April 2015 PSN 7530.02-000-9047 See Reverse for Instructions
CITY OF ATLANTIC :EACH, FLORI CIt A
CODE ENFO "CEMENT SPECIAL MEETING
ORDER REDUCING FINE/LIEN
CITY OF ATLANTIC BEACH,FLORIDA,Petitioner
vs.
WAYNE DOUGLAS SCOTT, Respondent First Class and Certified Mail i''eturn Receipt
198 POINSETTIA ST Requested: 70/-7 /6°0 °oo (y9Q/ /Ss
ATLANTIC BEACH,FL 32233
Property Address: 198 POINSETTIA ST
ATLANTIC BEACH,FL
Case Number: 14-00000980
Real Estate Number: 170636 0510
Legal Description: Lot N1/2 Lot 684, Salta" Sec 3
16 c'�
• ORDER REDUCING FINE ON CASE NO. 14-00000980
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. The Respondent owned the property located at 198 Poinsettia Street,Atlantic Beach,Florida, and
the property has since been acquired by a lienholder at a foreclosure sale.
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. The Code Enforcement entered an Order on January 18, 2017 that imposed fines of$250 per day
beginning on January 3, 2017.
5. As of February 6, 2019,the fines, interest, and costs exceeded$230,000.
6. The structure at issue is a two-unit townhouse, one unit of which is occupied. The liened
premises have deteriorated beyond repair. Due to the continued occupation of one unit, it is not
practical for Atlantic Beach to demolish the structure.
7. Numerous parties interested in purchasing the premises have contacted Atlantic Beach regarding
the lien it holds on the property.
• 8. If the lien could be reduced,the property would be purchased and rehabilitated.
9. Staff recommended reduction of the lien to $5,000 to allow for purchase and rehabilitation.
CONCLUSIONS OF LAW
10.A reduction of the lien to $5,000 serves the public interest by encouraging the purchase and
rehabilitation of the property.
Doc#2019182374,OR BK 18889 Page 1223,
Number Pages:2
06/2019
Recorded 08/ ,
RONNIE FUSSELL CLERK
01:38 CIRCUITPMCOURT DUVAL
COUNTY
RECORDING $18.50
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 City of Atlantic Beach's lien against the above-reference property is reduced to $5,000 and
shall remain at$5,000 until such time as it is satisfied.
DONE AND ORDERED THIS 21 day of July 2019.
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
A ST:
I`
Lori Diaz,Records Cirk Byfeb T. Branham, Special Magistrate
Executed this SO. day of Jam,j v 2019.
STATE OF FLORIDA DUVAL COUNTY
I,the undersigned City Clark for the City of Atlantic Beach,
PLEASE NOTE:Florida Statutes, Section Duval County,Florida.do hereby certify the within and
162.11, states that an appeal of this order shall foregoing is a true and correct of the original as it
pp appears on record and file in the alike of the C11y Clerk
be filed in circuit court within thirty(30) days offor ntic Beach.Witness my hand and official seal of
the
this order's execution. Clty of AllendeBeach,Florida,
this 6 1-11 day of/2/4 al G 20 .
40714n/.,s.
City Clerk
wit,,dfFIRS? CLASS MA!L.
" City of Atlantic Beach
1.!''..3),,,013:20:1-1T9AG.
�� 800 Seminole Road•
jE p00O.80-.;, ,• Atlantic Beach, Florida 32233
71717 1000 000 6991 1 •�.•.t� l].:. : ZIP 32233
<0 1: �r� 041M11299654
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WAYNE DOUGLAS SCOTT, Respondent F .i x i t 322 9 E 1 72 ! /L9
198 POINSETTIA ST R RETURN TO SENDER
ATLANTIC BEACH, FL 32233v A T ANT
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WAYNE DOUGLAS SCOTT, Respondent First RETURN TO SENDER
198 POINSETTIA ST Req NOT DELIVERABLE AS ADDRESSED
ATLANTIC BEACH, FL 32233 �S' ' c ARD
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"."" RONNIE FUSSELL L, L
y Receipt#: 3680471
Clerk of the Circuit Court
SJ Od`''•.gyp' f
501 W Adams
7.
° ii `* Jacksonville,FL 32202
rf..¢ °= Tel.(904)255-2000
http://www.duvalclerk.com/
http://oncore.duvalc Jerk.com/
Trans#: 3812504
Cashier Date: 8/6/2019 1:38:11 PM
CUSTOMER INFORMATION TRANSACTION INFORMATION PAYMENT SUMMARY
CITY OF ATLANTIC BEACH Date Received: 8/6/2019 1:27:49PM Total Fees: $47.00
Location: BEACH Total Payments: $60.00
Retum Code: OVER THE COUNTER Balance Due: $(13.00)
Trans Type: Recording Cash Tendered: $60.00
Cashier: SGORSHA Change: $13.00
Payment _ •
CASH $60.00
CHANGE $13.00
Miscellaneous Item
ML INFORMATION SHEET
Official Record •
RELEASE
BK/PG: 18889/1220 DOC#:2019182372 Pages:2 Date:8/6/2019 1:38:10PM Grantor:CITY OF ATLANTIC BEACH/Grantee:CLEMENT
LARRY E
Recording $10 1st page, $8.50 each add'-2 $18.50
RELEASE
BK/PG: 18889/1222 DOC#:2019182373 Pages: 1 Date:8/6/2019 1:38:10PM Grantor:CITY OF ATLANTIC BEACH/Grantee:SCOTT
WAYNE SCOTT
Recording $10 1st page, $8.50 each add'I - 1 $10.00
LIEN
BK/PG: 18889/1223 DOC#:2019182374 Pages:2 Date:8/6/2019 1:38:10PM Grantor:CITY OF ATLANTIC BEACH/Grantee:SCOTT
WAYNE SCOTT
Recording $10 1st page, $8.50 each add'I-2 $18.50
Print Date: 8/6/2019 1:38:15PM Page 1 of 1
Doc#2019182373,OR BK 18889 Page 1222,
Number Pages:1
Recorded 08/06/2019 01:38 PM,
Prepared By, Record and Return To: RONNIE FUSSELL CLERK CIRCUIT COURT DUVAL
Donna L. Bartle, City Clerk COUNTY
RECORDING $10.00
City of Atlantic Beach
800 Seminole Road
Atlantic Beach,FL 32233
RELEASE OF LIEN
The undersigned, does hereby certify that a certain lien, in favor of the City of Atlantic Beach and
against Wayne Douglas Scott,dated January 10,2017 upon the following described properties situated in the
County of Duval, State of Florida, to-wit:
RE# 170636-0510
Lot N1/2 Lot 684, Saltair Sec 3
A Code Enforcement Order and Claim of Lien being recorded in Official Record Book 17849,Page 1543 (2
pgs),current public records of Duval County,Florida,on January 19,2017,is released and discharged and the
Clerk of said county is hereby authorized and directed to discharge same upon the record thereof,according
to the statute in such case made and provided.
In witness whereof, the undersigned has set his hand and official seal this 6th day of August 2019.
Signed, sealed and delivered in our presence;
CITY OF ATLANTIC BEACH (Seal)
4044tBy: Attest: �/ v &
Joe Gerrity, City M ager Donna L. Bartle, City Clerk
STATE OF FLORIDA
COUNTY OF DUVAL
Sworn to and subscribed to me this ---) day of fiu9test• ,2019 by Joe Gerrity and Donna L.
Bartle who are personally known to me, and who didiiot take an oath
ZI-Aix..e_. ()a-4 '
►.tart'Public, State • lori'. a. .r_e
r'' ,= YVONNECALVERLEY
i,, ,.: COMMISSION 9 FF 976537
1.:-: -7 EXPIRES:July 29,2020
,.Pt Bonded Thu Notary Public Underwriters
-a saR1,k
� kky RONNIE FUSSELL Receipt#: 3680471
Qtg�oM !o `'
Q.SI Clerk of the Circuit Court
"Y_• t3f 501 W Adams
ici; =t Jacksonville,FL 32202
•:''" =` Tel.(904)255-2000
http://www.duvalclerk.com/
http://oncore.duvalclerk.com/
Trans#: 3812504
Cashier Date: 8/6/2019 1:38:11 PM
CUSTOMER INFORMATION TRANSACTION INFORMATION PAYMENT SUMMARY
Date Received: 8/6/2019 1:27:49PM Total Fees: $47.00
CITY OF ATLANTIC BEACH
Location: BEACH Total Payments: $60.00
Return Code: OVER THE COUNTER Balance Due: $(13.00)
Trans Type: Recording Cash Tendered: $60.00
Cashier: SGORSHA Change: $13.00
Payment
CASH $60.00
CHANGE $13.00
Miscellaneous Item
ML INFORMATION SHEET
Official Record
RELEASE
BKPG: 18889/1220 DOC#:2019182372 Pages:2 Date:8/6/2019 1:38:10PM Grantor:CITY OF ATLANTIC BEACH/Grantee:CLEMENT
LARRY E
Recording $10 1st page, $8.50 each add! -2 $18.50
RELEASE
BK/PG: 18889/1222 DOC#:2019182373 Pages: 1 Date:8/6/2019 1:38:10PM Grantor:CITY OF ATLANTIC BEACH/Grantee:SCOTT
WAYNE SCOTT
Recording $10 1st page, $8.50 each add] - 1 $10.00
LIEN
BK/PG: 18889/1223 DOC#:2019182374 Pages:2 Date:8/6/2019 1:38:10PM Grantor:CITY OF ATLANTIC BEACH/Grantee: SCOTT
WAYNE SCOTT
Recording $10 1st page, $8.50 each add'I -2 $18.50
Print Date: 8/6/2019 1:38:15PM Page 1 of 1