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CE 50 Simmons Road Case #19-228 ptit CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 . PHONE (904)247-5800 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7016 0910 0001 6799 4035 10/1/2019 MCGURRIN JUSTIN A 7100 WILDER AVE JACKSONVILLE, FL 32208 Real Estate Number: 172173 0000 Case Number: 19-228 Location of Violation: 50 SIMMONS RD, 19-16 17-2S-29E, DONNERS R/P PT LOT 2, LOT 6 BLK 10 Atlantic Beach, Florida Dear Property Owner: Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. A code enforcement inspection at 50 SIMMONS RD was conducted on 10/1/2019. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: NATURE OF VIOLATION: The property located at the above address is in a blighted condition. The house is unsecured and appears to still be housing vagrants. On 10/1/2019 the front door was open and the rear door is broken from its hinges. Windows on the home were also unsecured and open. Food, debris and trash is spread around the inside and exterior of the property. The deck and stairs are unsafe. VIOLATION CODE: IPMC Sec. 109.2 Temporary Safeguards. Notwithstanding other provisions of this code,whenever, in the opinion of the code official,there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. VIOLATION CODE: IPMC Sec. 108.1.5 9. A building or structure, used or intended to be used for dwelling purposes,because of inadequate maintenance, dilapidation, decay damage, faulty construction or arrangement, inadequate light,ventilation, mechanical or plumbing systems, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. VIOLATION CODE: IPMC Sec. 108.1.5 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. VIOLATION CODE: Sec. 12-1.Nuisances (a) It shall be unlawful for any person or business,to do, perform,have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous,unsafe, dilapidated or unsanitary condition,which may be injurious to the health and well being of the community. VIOLATION CODE: Sec. 12-1 (b) It shall hereby declared a nuisance,the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (3) For any person to allow, suffer or permit any lot,premises or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing filth or rubbish of any kind. VIOLATION CODE: IPMC Sec. 301.3 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. VIOLATION CODE: IPMC Sec. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. VIOLATION CODE: IPMC Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. VIOLATION CODE: IPMC Sec. 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. VIOLATION CODE: Sec. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose,torn or otherwise unsafe as to not provide safe and adequate means of egress. VIOLATION CODE: IPMC Sec. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony,porch, deck or other walking surface shall be maintained in sound condition and good repair. VIOLATION CODE: Sec. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house,housekeeping units, a hotel, a dormitory, two or more dwelling I units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. This letter requests that all of the above noted violation(s) be corrected by repairing the decks and stairs, clearing the property of debris, and either boarding, or replacing and repairing the doors and windows so that the property can be secured to prevent vagrants from residing in the home within ten (10) days of the receipt of this notice. Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty dollars ($250.00) per day per code violation listed above. Upon completion of the action required, it is your responsibility to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-5855 if you have any questions or need additional information. I, tr�y` , hereby swear and affirm that the above statement is true and accurat� inc. ely, 1. a Iriz. CODE EN'0 CEMENT IIIIIIIIIIIIIIIIIIIIPFIIPIY r•7� '10 CipcT_ri`n�c n City of Atlantic Beach :T NEOPOST 0 AI 800 Seminole Road C'EIVED 10101/20 i9 $000 502 - s V Atlantic Beach, Florida 32233 FL 320 OCT 7 2019 ',•� •;� ZIP 32233 041M11299654 MCGURRIN JUSTIN A ra i:A_i d Y t i Oiii0105iii. 7100 WILDER AVE RETURN in SENDER JACKSONVILLE, FL 32208 A TTF MP Tg) - N n r K Ni mill UNABLE TO FORWARD BC. 32233546199 * 163B- 05111-02t-39 ...:.4:4:::-0:4,--r------ E ,==r?TiTa 't0i Illiriiihinildi '11111111111i;Isl!►!i)'fiii"if°illidli°��ill Cce) ; CO N ) e a M !so al 9 0 a_= 'Q) O N 2 63 4 N Hi :t ) V) D CI) /1._ _ i__, . ~ 1 00 w O o �q O (V O W I VI.:t1 k a }. F— f �--) C 0 Wc� O (. E_ Z Cr Ln m � ")Pl.t[l ,� . Criiiimi CI .1: ott - p- NI:e IgCN = IL) tY .:, D 1-4 D 'tel I:^1 .. kJ W D :t tat som1i D mitimD D \ I `+1.)} �— -3 A.) o r'A O N r'r, )til cIC =:t its . CO c\I 00 01 O• n1 O L4 ct, N t`} m0 M C) � o 4ww a• 0 ++• E V I.1 CO O o 0 Ht i ) co d \ )-0 , o _ ) �_( k 22 % » z /\j t f»! 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NOTICE OF HEARING 1/27/2020 Case Number: 19-228 MCGURRIN JUSTIN A Certified Mail Return Receipt: 7100 WILDER AVE 7017 1000 0000 7000 2856 JACKSONVILLE, FL 32208 Property Address: 50 SIMMONS 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 March 5, 2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 50 SIMMONS RD, RE#172173 0000, 19-16 17-2S-29E, DONNERS RIP PT LOT 2, LOT 6 BLK 10. 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. 109.2 Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. Sec. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose,torn or otherwise unsafe as to not provide safe and adequate means of egress. Sec. 108.1.5 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. Sec. 108.1.5 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing systems, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. IPMC Sec. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping Page 2 of 3 units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. Sec. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Sec. 12-1 (b) It shall hereby declared a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (3) For any person to allow, suffer or permit any lot, premises or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing filth or rubbish of any kind. Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well being of the community. Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts,old tires, construction materials, and broken and abandoned items. IPMC Sec. 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. IPMC Sec. 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. IPMC Sec. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. IPMC Sec. 301.3 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. Page 3 of 3 STATEMENT OF CODE ENFORCEMENT OFFICER: On 1/23/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 50 SIMMONS 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 Owner verbally stated that the property would be properly secured and boarded no later than Saturday, January 18, 2020. That action has not been completed. 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, fACLQl. XZCIaRNA , hereby swear and affirm that the above statement is true and accurate. 4 41 .1.0' Angela Iri.: t de Enforce tl ent icer City of At1. :•ach U.S. Postal ServiceTM ATTEST: CERTIFIED MAIL® RECEIPT Domestic Mail Only Ln NFor delivery information,visit our website at www.usps.com c. D Certified Mail Fee 4_4w O Extra Services&Fees(check box,add fee as appropriate) 0 Return Receipt(hardcopy) $ — 0 Return Receipt(electronic) $ Postmark ori Diaz, 'ecords C erk o ❑mimed Mall Restricted Delivery $ Here ❑Adult Signature Required $ 0 Adult Signature Restricted Delivery$ CI Postage O $ Total Postage and Fees f Se .sk; Grr�r rl 'T O street and Apt.No.,or PBox No. City,state,ZIP+44 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions ins 4 ,,: #; City of Atlantic Beach G` ` "� 800 Seminole Road i 1/2:::": 'j'°'-----L.:::: 'I-006.902 � 0 r , JS POSTAGE .pOO6.90- � '} Atlantic Beach, Florida 32233 " •••r • • ZIP 32233 7017 1000 0000 7000 28 •:• • .44..n.u: - 041M11299654 J - 3 0 ',--1 pry- 0A( 0 0 5 1/27/2020 Case Number: 19-2 322 DE 1 0002 /21/20 MCGURRIN JUSTIN A Certi RETURN TO SENDER 7100 WILDER AVE 70171 UNCLAIMED JACKSONVILLE, FL 32208 UNABE TO FORWARD 4v.�. I BC: 32233546199 1738-01523-27-42 1 :2::-2a-B3EiE &ifs ,III"111111llIJ,JIIlli'lllIIllllildliJ,Il lltillllIllllltIIlilil UT200I01 City of Atlantic Beach 2/21/20 Customer Master File Inquiry 14: 28 :43 Customer ID 72403 Name • MCGURRIN, JUSTIN A Mailing address • 5401 WALDRON ST Zip code • 320345938 FERNANDINA BEACH FL Delivery point Phone • 213 - 3591273 Drivers license number • ****************81 0 Social security number • *****5933 Attention/doing business as . . . : Old Account Number E-mail address • Customer name type • P PERSON Group number Deposit sponsor ID • Display auto pay information . . : Y CHECKING ACCOUNT Display additional information . : N NO F3=Exit F5=Services F6=Service orders F7=Cust misc info F8=Alt address F9=Change history F10=Payment plans F12=Cancel F24=More keys Page 1 of 3 . f s \,. 1 CODE ENFORCEMENT JJ ,,� , .. S� CITY OF ATLANTIC BEACH, FLORIDA J ,� ,. ;--; fir NOTICE OF HEARING 1i10 2/21/2020 Case Number: 19-228 MCGURRIN JUSTIN A POSTED AT PROPERTY AND CITY HALL 7100 WILDER AVE ,. .. JACKSONVILLE, FL 32208 ' Property Address: 50 SIMMONS 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 March 5, 2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 50 SIMMONS RD, RE#172173 0000, 19-16 17-2S-29E, DONNERS R/P PT LOT 2, LOT 6 BLK 10. 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. 109.2 Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. Sec. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped,worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. Sec. 108.1.5 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. Sec. 108.1.5 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing systems, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. IPMC Sec. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. Page 2 of 3 Sec. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Sec. 12-1 (b) It shall hereby declared a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (3) For any person to allow, suffer or permit any lot, premises or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing filth or rubbish of any kind. Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well being of the community. Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. IPMC Sec. 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. IPMC Sec. 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. IPMC Sec. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. IPMC Sec. 301.3 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. STATEMENT OF CODE ENFORCEMENT OFFICER: On 1/23/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 50 SIMMONS 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 Owner verbally stated that Page 3 of 3 the property would be properly secured and boarded no later than Saturday, January 18, 2020. That action has not been completed. 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, 111ip 1._° aS ,hereby swear and affirm that the above statement is true and . rate. tik "_ Angela Iri , Code Enforce• - Offi.4 City of Atlantic Beach ATTEST: /IAS F - Lo i Diaz, Records Clerk ' CERTIFIED MAIL® /, • ).' -'',,, City of Atlantic Beach NEOPOST FIRST-CLASS MAIL III 11 1 HI:"1 1 1 0 i ' .0. 800 Seminole Road 03/20/2020 9 Atlantic Beach, Florida 32233 US POSTAGE$006 0° 411:01P--:' met 7017 1000 0000 7000 3204 ZIP 32233 : 041M11299654 ' )\ •J• Property Addre A • XI E R-7.'',4. 17.. -i -Wella4It'1120 1 Justin A. McGurrin RETJRN TO SBNDER 7100 Wilder Avenue NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD Jacksonville, FL 32208 .;JOI MANUAL FROC REQ *153S-00B3S -20-45 ,v2209---4Eib700 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7017 1000 0000 7000 3204 vs. Property Address: 50 Simmons Road Atlantic Beach, FL 32233 Justin A. McGurrin 7100 Wilder Avenue Jacksonville, FL 32208 Respondent. CASE NUMBER: 19-228 REAL ESTATE NUMBER: 172173 0000 LEGAL DESCRIPTION: 19-16 17-2S-29E,DONNERS R/P PT. LOT 2, LOT 6 BLK 10 ATLANTIC BEACH, FLORIDA ORDER ON CASE No. 19-228 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on March 5, 2020, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, issues findings of fact, conclusions of law,and orders as follows: FINDINGS OF FACT 1. Respondent owns the property located at 50 Simmons Road, Atlantic Beach, Florida. 2. Notice of the hearing was sent by Certified Mail. 3. Respondent appeared at the hearing. 4. This code enforcement action was initiated in October 2019. 5. Respondent has been responsive to Petitioner's inquiries thus far. 6. In January 2020, Respondent and Petitioner's representatives, including the Building Official, met on the property to discuss the code violations and life safety issues present on the property. 7. As of the hearing, Respondent had not yet applied for building permits to complete the necessary work. 8. As of the hearing, trash and debris present on the property had been cleaned. 9. Respondent testified that as of the hearing, the property has been secured except for a single broken windowpane, and windows needed to be screwed shut. 10.The property is currently unoccupied. 11.Respondent testified that he intends to rehabilitate the property and bring it into compliance. CONCLUSIONS OF LAW 12.Based upon the foregoing findings of fact, sufficient cause exists to defer the matter. 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 action on the matter is deferred until the next regularly scheduled code enforcement hearing set for May 7, 2020 at 2:00 p.m. DONE AND ORDERED THIS 20T"DAY OF MARCH, 2020. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTES : ZO(1- ori Diaz, Deputy CityCl Jel}4'. Branham, Special Magistrate Executed this 20th day of March, 2020. PLEASE NOTE: Florida Statutes § 162.11, states that an appeal of this order shall be filed in circuit court within thirty (30) days of this order's execution. U.S. Postal Service'' CERTIFIED MAIL° RECEIPT Domestic Mail Only mFor delivery information,visit our website at www.usps.com®. 0 M ,. O Certified Mail Fee O $ Extra Services&Fees(check box,add fee as appropriate) ❑Return Receipt(hardcopy) $ - O ❑Return Receipt(electronic) $ Postmark ❑Certified Mell Restricted Delivery $._ Here 0 Adult Signature Required $ ❑Adult Signature Restricted Delivery$ O Postage $ Total Postage and Fees rl N Sent To� �-it rand pt No.,of Pb Box o. ur I I r 1 9— N City,State,2lP+4a 2 PS Form 3800,April 2015 PSN 7530 02 000 9047 See Reverse for Instructions Page 1of3 i ,A CODE ENFORCEMENT CITY OF ATLANTIC BEACH, FLORIDA It- NOTICE OF HEARING 'r4Ji319� 4/10/2020 Case Number: 19-228 MCGURRIN JUSTIN A Certified Mail Return Receipt: 7100 WILDER AVE 7013 1710 0002 1691 3859 JACKSONVILLE, FL 32208 Property Address: 50 SIMMONS 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 May 21, 2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 50 SIMMONS RD, RE#172173 0000, 19-16 17-2S-29E, DONNERS R/P PT LOT 2, LOT 6 BLK 10. 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. 109.2 Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. Sec. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose,torn or otherwise unsafe as to not provide safe and adequate means of egress. Sec. 108.1.5 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. Sec. 108.1.5 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing systems, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. IPMC Sec. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping Page 2 of 3 units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. Sec. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Sec. 12-1 (b) It shall hereby declared a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (3) For any person to allow, suffer or permit any lot, premises or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing filth or rubbish of any kind. Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well being of the community. Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. IPMC Sec. 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. IPMC Sec. 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. IPMC Sec. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. IPMC Sec. 301.3 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. Page 3 of 3 STATEMENT OF CODE ENFORCEMENT OFFICER: On 1/23/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 50 SIMMONS 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. As of 4/10/2020 no permit applications have been received to correct the above deficiencies. 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, C1�(� o A._]Z.\? ,hereby swear and affirm that the above statement is true and acettrate. U.S. Postal Service TM CERTIFIED MAILTM RECEIPT u.' Irl (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® m �� , Angela Irizarry; Code Enforceme- 0 ice Postage $ ( City of Atlantic Beach -- ru Certified Fee Postmark D Return Receipt Fee D (Endorsement Required) Here O Restricted Delivery Fee ATTEST: to (Endorsement Required) N Total Postage&Fees rn Sent To D Street, ./11 41s % r_ or PO Box No. 9l! City,State,ZIP+4 Lori Diaz, Deputy City Clem PS Form 3800.August 2006 See Reverse for Instructions CERTIFIED MAIL,., RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Cc: Justin McGurrin m 5401 Waldron Street o- Fernandina Beach, FL 32034 -n Postage $ Certified Mail # 7013 1710 0002 1691 3866 Certified Fee ru D Return Receipt Fee Postmark D (Endorsement Required) Here D Restricted Delivery Fee .- D (Endorsement Required) rg N Total Postage&Fees r-R Sent To ` 1n`` D Street,Apt.No �t. N or PO Box No. t t i 6 <B'-k ‘,e0Y/]�_��1`r Un . City,State, =,!`/^� .. Y‘ao t " V r��hJJ PS Form 3800.August 2006 See Reverse for Instructions 8 ;^,air - City of Atlantic Beach NEOPOST i 800 Seminole Road 04/10/2020 Q G Atlantic Beach, Florida 32233 US POSTAGE$006.90° 7013 1710 0002 1691, 3859 atel.liir. 7IP 32233 041M11299654 \_.1\, a- -4,*\ ?4)--\ ANK 4/10/2020 Case Numb ai:x2 -- 322 DE 1 0ee4/2Z /?O RETURN TO SENDER MCGURRIN JUSTIN A Certified M I N S'U`F E=''E"a T ADDRESS 7100 WILDER AVE - 7013 1710 0 UNABLE TO FORWARD JACKSONVILLE. FL 32208 8C: 32233 S 46199 *273B-11590-10-36x 3?.,23.3>S 4,6.1 illikliiiiimIt.cil►1l,lmilitstiialtitilitlititiiiii, .1 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X 0 Agent so that we can return the card to you. 0 Addressee • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Deliver or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes n � If YES,enter delivery address below: 0 No 1r1 ` krlr 1 b 1a �V\ a— (ef 2g \ Ce -(-.) t 111111 III IIII III IIII III 1111111 3. Service Type 0 Adult Signature ❑Priority Mail Express® ❑Registered MaiIT." O Adult Signature Restricted Delivery 0 Registered Mail Restricts 0 Certified Mail® Delivery 9590 9402 4495 8248 3529 05 ❑Certified Mail Restricted Delivery 0 Return Receipt for O Collect on Delivery Merchandise 2. Article Number(Transfer from canilro/ /-1.1/1n c^"".ct on Delivery Restricted Delivery 0 Signature Confirmation." 211 _ 1710 Q Q n 1691Q$ 6 ed Mail 0 Signature Confirmation ? ed Mail Restricted Delivery Restricted Delivery over$500) I PS Form 3811.July 2015 PSN 7530-02-000-9053 Domestic Return Receipt FAQs > USPS Tracking® Track Another Package + Tracking Number: 701 31 71 000021 691 3866 Remove X Your item has been delivered to an agent for final delivery in FERNANDINA BEACH, FL 32034 on April 13, 2020 at 1:28 pm. C✓ Delivered to Agent April 13, 2020 at 1:28 pm a Delivered to Agent for Final Delivery a) FERNANDINA BEACH, FL 32034 Get Updates \./ Text & Email Updates u Tracking History April 13, 2020, 1:28 pm Delivered to Agent for Final Delivery FERNANDINA BEACH, FL 32034 Your item has been delivered to an agent for final delivery in FERNANDINA BEACH, FL 32034 on April 13, 2020 at 1:28 pm. April 13, 2020, 7:38 am Out for Delivery FERNANDINA BEACH, FL 32034 April 13, 2020, 7:27 am Arrived at Unit FERNANDINA BEACH, FL 32034 April 13, 2020, 3:39 am Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER April 12, 2020 In Transit to Next Facility April 10, 2020, 6:23 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information uCD Q n See Less " Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs 4 > �x'�'i ..Yi .. .r�Y �i I � � is F fl A �� �.. � y. �,. �t �� �I Y � / ,Q _ es:F 7 t ae' 05/21/2020 ,;LAN r: CODE ENFORCEMENT 4% CITY OF ATLANTIC BEACH, FLORIDA !-5 11 WO NOTICE OF HEARING --0.11.9 5/22/2020 Case Number: 19-228 MCGURRIN JUSTIN A Certified Mail Return Receipt: 7100 WILDER AVE 7019 2970 0000 9864 6686 JACKSONVILLE, FL 32208 Property Address: 50 SIMMONS 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 2, 2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 50 SIMMONS RD, RE#172173 0000, 19-16 17-2S-29E, DONNERS R/P PT LOT 2, LOT 6 BLK 10. 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. 109.2 Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. Sec. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. Sec. 108.1.5 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. Sec. 108.1.5 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing systems, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. IPMC Sec. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. Sec. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well being of the community. Sec. 12-1 (b) It shall hereby declared a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (3) For any person to allow, suffer or permit any lot, premises or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing filth or rubbish of any kind. Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. IPMC Sec. 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. IPMC Sec. 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. IPMC Sec. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. IPMC Sec. 301.3 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. STATEMENT OF CODE ENFORCEMENT OFFICER: On 5/21/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 50 SIMMONS 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: The property located at the above address is in a blighted condition. At the March 5, 2020 Special Magistrate Hearing, action was deferred until the May 2020 meeting to allow the respondent more time to obtain a licensed general contractor to repair the property. An electric permit was issued on April 17, 2020. No other permits have been requested in order to complete the remaining repairs needed on the property. The case was reviewed at the Special Magistrate hearing on May 21, 2020. The Respondent will be given 30 more days to obtain a licensed contractor or fines in the amount of$100 / day will be imposed. 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, tki Ak' `G IL, ."—e T ' , hereby swear and affirm that the above statement d - 'cura - iii \li U.S. Postal Service'"" 0 .s ‘11/ ft CERTIFIED MAIL° RECEIPT ▪ Domestic Mail Only Angela Iriz "i , ../. For delivery information,visit our website at www.usps.com®. Code Enforcement Officer, Ci-, . •tlantic Beach `° '` ' E Certified Mail Fee ▪ $ IT' Extra Services&Fees(check box,add fee as appropriate) ATTEST: � 00 Return Receit(hardcopy) $ eturn Receipt(electronic) $ Postmark I:3 ❑Certdied Mail Restricted Delivery $ Here ���7[\,Vy�/ ^Rj / CI C=7 Signature Required $ ❑Adult Signature Restricted Delivery$ 0 Postage Kimberly Flowe , ecords Clerk � $ Total Postage and Fees ru D� Sent cc: Justin McGurrin im• Street and ANo.,or Pb Box No. 5401 Waldron St City,State,ZIP+45 Fernandina Beach, FL 32034 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 7O i 9 a.y70 o000 g g(oq (0(055 U.S. Postal Service- Cir-4-I'Fiec( Nail Re-turn I?eceip± CERTIFIED MAIL° RECEIPT 4:1 Domestic Mail Only .A For delivery information,visit our website at www.usps.com . S u ,,,D Certified Mail Fee $ Er Extra Services&Fees(check box,add fee as appropriate) 0 Return Receipt(hardcopy) $ O D 0 Return Receipt(electronic) $ Postmark Q 0 Certified Mail Restricted Delivery $ Here ['Adult Signature Required $ 0 Adult Signature Restricted Delivery$ D Postage N $ 0— Total Postage and Fees ru $ IT Sent To r R Olc_._Cit'L i ni Cl O Street and Apt.No.,or Box No. N City,State,ZIP+4® PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions IIICity of Atlantic Beach 11111 1111 III NEOPOST -cps MA L 4... A iV) 800 Seminole Road 05/22/2020 Atlantic Beach, Florida 32233 US POSTAGE$006.902 7019 2970 0000 9864 6686 RM 5 2 041MI112ZIP9932233654 MCGURRIN JUSTIN A Certified Mail Rei 7100 WILDER AVE 701 JACKSONVILLE, FL 32208 NI xx is 339 DEDIME/81/26 Pre RETURN TO SENDER niD DELI VER AoLE AS ADDRESSED UNABLE TO FORWARD1 Li Tir 5C: 327.3354-61.59 CC 3:.2:2Ci97: fWi ^41461 111111111'11I111111111111'111111111111111Hilidilliilillifill i 1 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7019 2970 0000 9864 6693 vs. Property Address: 50 Simmons Road Atlantic Beach, FL 32233 Justin A. McGurrin 7100 Wilder Avenue Jacksonville, FL 32208 Respondent. CASE NUMBER: 19-228 REAL ESTATE NUMBER: 172173 0000 LEGAL DESCRIPTION: 19-16 17-2S-29E, DONNERS R/P PT. LOT 2, LOT 6 BLK 10 ATLANTIC BEACH, FLORIDA ORDER EXTENDING TIME FOR COMPLIANCE AND IMPOSING FINE ON CASE No. 19-228 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on May 21, 2020, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders as follows: FINDINGS OF FACT 1. Respondent owns the property located at 50 Simmons Road, Atlantic Beach, Florida. 2. Notice of the hearing was sent by Certified Mail. 3. Respondent previously appeared at a hearing on the same violation held on March 5, 2020 at which action on the violations was deferred until this hearing. 4. Respondent did not appear at this hearing. 5. This code enforcement action was initiated in October 2019. 6. Since the March 5, 2020 hearing, some violations have been addressed, and Respondent has obtained a permit to perform electrical work. 7. However, as of this hearing, Respondent had not yet applied for building permits to complete all the necessary work, and certain violations continue including at least one unsecured window, a hole in an exterior wall where an air conditioning unit should be, and unpermitted, but performed, construction work. CONCLUSIONS OF LAW 8. The amount of time Respondent took to correct the prior violations, the continued presence of ongoing violations, and the continued failure to obtain all required permits justify the imposition of a 30-day limit of time to correct all existing violations and obtain all permits, and if not done withing that time, the imposition of daily fines of$100 per day until such time as all required permits are obtained and full compliance is obtained. 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 Respondent shall have until July 12, 2020 to obtain all necessary permits for all work, bring the property into full compliance, and obtain an inspection of compliance from the City of Atlantic Beach; THAT the Respondent is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance; THAT if the Respondent has not obtained an inspection of compliance by July 12, 2020 then beginning on July 13, 2020, the Special Magistrate orders that a fine of$100 per day for the first day and $100 for every day thereafter while the violation continues to exist be imposed commencing on July 13, 2020. In addition, fines shall include the administrative costs to the City incurred in prosecuting this case. THAT failure to pay all accumulated fines will result in a lien being placed against the property at 50 Simmons Road, Atlantic Beach, Florida 32233, LEGAL DESCRIPTION: 19-16 17-2S-29E, DONNERS R/P PT. LOT 2, LOT 6 BLK 10 ATLANTIC BEACH, FLORIDA, 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 10% per annum from date of certification until paid. DONE AND ORDERED THIS 12 DAY OF JUNE, 2020. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: - Kimberly Flolkier, Records Clerk Je,1 . Branham, Special Magistrate Executed this 12 day of June, 2020. PLEASE NOTE: Florida Statutes § 162.11, states that an appeal of this order shall be filed in circuit court within thirty (30) days of this order's execution. Cc: Justin McGurrin 5401 Waldron Street Fernandina Beach, FL 32034 First Class and Certified Mail 7019 2970 0000 9864 6723 2 . . •os a ervice CERTIFIED MAIL° RECEIPT ,11 Domestic Mail Only For delivery information,visit our website at www.usps.com Certified Mail Fee $ ✓ Extra Services&Fees(check box,add lee as appropriate) ❑Return Receipt(hardcopy) $ • 0 Return Receipt(electronic) $ _ Postmark 0 Certified Mail Restricted Delivery $ Here • 0 Adult Signature Required $ ❑Adult Signature Restricted Delivery$ • Postage $ UTotal Postage and Fees Sent To, it 61,1Yr)�I 19 Street arr ►, !!t.7Vo.,or PO Box No. �+� . iet rOr> City,State,ZIP+46 I. . •os a ervice CERTIFIED MAIL° RECEIPT Ti Domestic Mail Only r For delivery information,visit our website at www.usps.com . reit, i /AL USE .13 Certified Mail Fee t7 $ r Extra Services&Fees(check tax add fee as appropriate) ❑Return Receipt(hardcopy) $ n 0 Return Receipt(electronic) $ Postmark ❑Certified Mail Restricted Delivery $ Here ❑Adult Signature Required $ 0 Adult Signature Restricted Delivery$ Postage rTotal Postage and Fees r Sent To �.GI r_r__�_ l — _ sireetan l P O No.,or PaGO►ld__.P2 City,State, IP+4a .. 112"/1111111414. 0.11MIMIYI.t.t,,,A.,LAF I r ormk;,t 1111 FIRST-CLASS MAIL A & r- City of Atlantic Beach NEOPOST 800 Seminole Road f 06/12/2020 Q r --s=-- US POSTAGE $006.90- ... Atlantic Beach, Florida 32233 • 7019 2970 0000 9864 6693 p�X. e+W:.1 •I� 041M11299654 „a NI k 7.- U1 Property Adc. � Atlantic,RPar Justin A4'lcGurrin NIX A 322 c E 1 0006/18/20 7100 Wilder Avenue R E TU R M T(1 S E M D E cr Jacks 'nville, FL 32208 A T T E"'P'' S" — `"O T KNOWN UNABLE TO FORWARD _. 93270 099965532 _ _ f _ BC: 32233546'.99 * 1438-077?6-12-40 I 3 3 4`6 ��� 'il{ '1` '11llliil��liIil;sl` ' !`11„��jl1'1Ili'��lill�'11'I1'I ###6 / 1 LA,kj„-ItCODE ENFORCEMENT S z r A Jl CITY OF ATLANTIC BEACH, FLORIDA ,��Ors NOTICE OF HEARING F 5/22/2020 Case Number: 19-228 MCGURRIN JUSTIN A Certified Mail Return Receipt: 7100 WILDER AVE 7019 2970 0000 9864 6686 JACKSONVILLE, FL 32208 Property Address: 50 SIMMONS 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 2, 2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 50 SIMMONS RD, RE#172173 0000, 19-16 17-2S-29E, DONNERS R/P PT LOT 2, LOT 6 BLK 10. 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. 109.2 Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. Sec. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. Sec. 108.1.5 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. Sec. 108.1.5 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing systems, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. IPMC Sec. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. Sec. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well being of the community. Sec. 12-1 (b) It shall hereby declared a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (3) For any person to allow, suffer or permit any lot, premises or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing filth or rubbish of any kind. Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. IPMC Sec. 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. IPMC Sec. 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. IPMC Sec. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. IPMC Sec. 301.3 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. STATEMENT OF CODE ENFORCEMENT OFFICER: On 5/21/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 50 SIMMONS 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: The property located at the above address is in a blighted condition. At the March 5, 2020 Special Magistrate Hearing, action was deferred until the May 2020 meeting to allow the respondent more time to obtain a licensed general contractor to repair the property. An electric permit was issued on April 17, 2020. No other permits have been requested in order to complete the remaining repairs needed on the property. The case was reviewed at the Special Magistrate hearing on May 21, 2020. The Respondent will be given 30 more days to obtain a licensed contractor or fines in the amount of$100 / day will be imposed. 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, _ ._4,01 i l, , hereby swear and affirm that the above statement d •tura li. U.S. Postal ServiceTM ' MkCERTIFIED MAIL® RECEIPT Ln Domestic Mail Only Ill Angela Inz , -A For delivery information,visit our website at www usps.com°. Code Enforcement Officer, Ci' . tlantic Beach :-13 Certified Mall Fee $ IT Extra Services&Fees(check box,add fee as appropriate) 0 Return Receipt(hardcopy) $ ATTEST: o ❑Return Receipt(electronic) $ Postmark C:I� ❑Certified Mail Restricted Delivery $ Here � 1�. , . n1 n r/ 173 0 Aduh Signature Required $ �/ r�.�'V 0 Adult Signature Restricted Delivery$ En Postage KimberlyFlowe ecords Clerk �` $ Er Total Postage and Fees ru $ p-' Sent '1 ro cc: Justin McGurrin f� Street and Apt No.,or Pb ffox r- 5401 5401 Waldron St City,State,ZIP+44 Fernandina Beach, FL 32034 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 7O ICI D.,970 0000 q g (0155 U.S. Postal Service`" Ce.r-4-6cied Mai I Return Retic p± CERTIFIED MAIL® RECEIPT —a Domestic Mail Only -0 For delivery information,visit our website at www.Lisps.corn g „p Certified Mail Fee Ea $ IT Extra Services&Fees(check box,add fee as appropriate) ❑Return Receipt(hardcopy) $ 0 Return Receipt(electronic) $ Postmark O ❑Certified Mail Restricted Delivery $ Here 0 0 Adult Signature Required $ ❑Adult Signature Restricted Delivery$ p Postage N $ Total Postage and Fees ru Er Sent To street and Apt.No.,or Box 11(o. City,State,ZIP+46 PS Form 3800,April 2015 PSN 7530-02-000-904; See Reverse for Instructions 6/23/2020 USPS.com®-USPS Tracking®Results ALERT: DUE TO LIMITED TRANSPORTATION AVAILABILITY AS A RESULT OF NATIONWIDE CO... USPS Tracking® FAQs > Track Another Package + Tracking Number: 70192970000098646655 Remove X Your item has been delivered to an agent for final delivery in FERNANDINA BEACH, FL 32034 on May 27, 2020 at 1:45 pm. V Delivered to Agentcr a) n May 27, 2020 at 1:45 pm Delivered to Agent for Final Delivery FERNANDINA BEACH, FL 32034 Get Updates u Text & Email Updates Tracking History May 27, 2020, 1:45 pm Delivered to Agent for Final Delivery FERNANDINA BEACH, FL 32034 Your item has been delivered to an agent for final delivery in FERNANDINA BEACH, FL 32034 on May 27, 2020 at 1:45 pm. May 27, 2020 In Transit to Next Facility https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=3&text28777=&tLabels=70192970000098646655%2C%2C 1/2 6/23/2020 USPS.com®-USPS Tracking®Results May 26, 2020, 1:10 am Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER May 22, 2020, 7:58 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information u See Less /\ Can't find what you're looking for? CD CD 0_ Cr Go to our FAQs section to find answers to your tracking questions. FAQs https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=3&text28777=&tLabels=70192970000098646655%2C%2C 2/2 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7019 2970 0000 9864 6761 vs. Property Address: 50 Simmons Road Atlantic Beach, FL 32233 Justin A. McGurrin 7100 Wilder Avenue Jacksonville, FL 32208 R:::d:228 . CASE N REAL ESTATE NUMBER: 172173 0000 LEGAL DESCRIPTION: 19-16 17-2S-29E,DONNERS R/P PT. LOT 2, LOT 6 BLK 10 ATLANTIC BEACH, FLORIDA ORDER EXTENDING TIME FOR COMPLIANCE AND IMPOSING FINE ON CASE No. 19-228 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on July 2, 2020, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, issues findings of fact, conclusions of law,and orders as follows: FINDINGS OF FACT 1. Respondent owns the property located at 50 Simmons Road, Atlantic Beach, Florida. 2. Notice of the hearing was sent by Certified Mail. 3. Respondent previously appeared at hearings on the same violation held on March 5, 2020 at which action on the violations was deferred until this hearing. 4. The matter was set again for hearing on May 21, 2020, and Respondent did not appear at that hearing. 5. That hearing resulted in entry of an Order that provided for$100 per day fines to accrue beginning on July 13, 2020. 6. Respondent appeared at this July 2, 2020 hearing. 7. As of June 30, 2020, Respondent had applied for the permits necessary to complete the work to needed to bring the property into compliance. The applications had not been acted on by the time of the hearing. 8. The property has been adequately secured. 9. Respondent stated that he has been unable to complete the work due to financial constraints. 10.Respondent stated that he could complete the work by September 3, 2020. CONCLUSIONS OF LAW 11. The Respondent's continued progress towards compliance combined with his explanation for continued non-compliance justify delaying the imposition of fines imposed in the June 12, 2020 Order Extending Time for Compliance and Imposing Fine on Case No. 19-228 and deferring the matter until the next regularly scheduled code enforcement hearings. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is ORDERED: THAT action on the matter is deferred until the next regularly scheduled code enforcement hearing set for September 3, 2020 at 2:00 p.m. DONE AND ORDERED THIS 22 DAY OF JULY, 2020. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: •" /762f - Kimberlylower, Records Clerk . Branham, Special Magistrate Executed this 22 day of July, 2020. PLEASE NOTE: Florida Statutes § 162.11 requires that any appeal of this order shall be filed in circuit court within 30 days of this order's execution. CC'• Sus-fir (Y)c 540t Ula 18 tro irta.rd on( 13eci.CM, FL 3 Z-034/ -7019 moi 70 0000 ciS$(05 ;I7go U.S. Postal Service' c.CERTIFIED MAIL° RECEIPT U.S. Postal Service"' Domestic Mail Only U.S. MAIL° RECEIPT Domestic Mail Only For delivery information,visit our website at www.us N For delivery information,visit our website at www.usps.com®. -� s.com . u7 t p az Certified Mail Fee Ln M } ! 'p y. $ ,a Certified Mail Fee U' 143 Extra Services&Fees(check box,add tee as appropriate) $ 0 Return Receipt(hardcopy) $ Extra Services&Fees(check box,add fee as appropriate) ❑Return Receipt(electronic) $ Postmark 0 Return Receipt(hardcopy) $ 0 Certified Mail Restricted Delivery $ ❑Return Receipt(electronic) $ 0 Adult Signature Required $ Here O 0 Certified Mail Restricted Delivery $ Postmark ❑Adult Signature Restricted Delivery$ ['Adult Signature Required $ Here (i Postage ❑Adult Signature Restricted Delivery$ $ p Postage Er N $ Total Postage and Fees Total Postage and Fees 17- Sent To $ n A . actr►r1'/1 l C'- � Er" Sent,T Streetana710.e.;75;738ffoz o. ' 'L(i f(ilf (� O Street and Apt No.,or t7 t3ox No. City,State,ZIP+48 N City,State,ZIP+45 f. < z No. TIII'() FIRST-CLASS MAIL City of Atlantic Beach NEOPOST 800 Seminole RoadoHillr 07/2212020 411-: Atlantic Beach,Florida 32233 US POSTAGE$006.90° 7019 2970 0000 9864 6761 2.,.. ZIP 32233 041M11299654 A It i V /k \ 1\ I \N.,,..r-, - 4 Ti ,.rte :,,•v:...»,.. ..'>.. �$ y NEOPOST FIRST-GLASS MAIL • .A City of Atlantic Beach r, 800 Seminole Road 07/22/2020 Atlantic Beach, Florida 32233 f US POSTAGE$006.902 7219 2970 0000 9865 5176 • ZIP 32233 041M11299654 .� Justin McGurrin 0 _() 5401 Waldron Street Fernandina Beach, FL 32034 V:\ 7\ NIXIE 322 DE 1 0008/16/2.0 RETURN TO SEWER I �\ UNCLAIMED UN.A E TO FORWARD 1 1 UNC 3C: 32233546199 *173E-00761-22-39 : 2;�.4,5ii8ii==z {dhi°!If'1'tM!°OljiiHquildndli"dPildfli i 1 JACKSONVILLE s� FLS -� r NEOPOST FfRST-CLASS MAIL J o City ofAtlantic Beach 2 JU •' s 800 Seminole Road 211 07/22/2020 PM $000SO0 -1111W-I: Atlantic Beach,Florida 32233 US POSTAGE .,r is )? pi ZIP 32233 041M11299654 �9 )Q0a1.7 Justin McGurrin 0 Dap EOVCI gdfil" 5401 Waldron Street Fernandina Beach, FL 32034 NIXIE 322 DE 1 0008/21/20 RETURN TO SENDER UNCLAIMED UNA LE TO P. ORWAR i) UNC 8C: 32233546199 * 1738-00916-22-39 32233>5461 iiiiiliiilli„iiihiiiiiililililiiliil'Vlillill hi'litiiiiiiili I.' '\uj- CODE ENFORCEMENT CITY OF ATLANTIC BEACH, FLORIDA 15.E NOTICE OF HEARING '„vJS3S�r 7/23/2020 Case Number: 19-228 MCGURRIN JUSTIN A Certified Mail Return Receipt: 7100 WILDER AVE 7019 2970 0000 9864 6822 JACKSONVILLE, FL 32208 Property Address: 50 SIMMONS 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 September 3, 2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 50 SIMMONS RD, RE#172173 0000, 19-16 17-2S-29E, DONNERS R/P PT LOT 2, LOT 6 BLK 10. 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. 109.2 Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. Sec. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped,worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. Sec. 108.1.5 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. Sec. 108.1.5 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing systems, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. IPMC Sec. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. Sec. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Sec. 12-1 (b) It shall hereby declared a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (3) For any person to allow, suffer or permit any lot, premises or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing filth or rubbish of any kind. Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well being of the community. Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. IPMC Sec. 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. IPMC Sec. 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. IPMC Sec. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. IPMC Sec. 301.3 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. STATEMENT OF CODE ENFORCEMENT OFFICER: On 7/22/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 50 SIMMONS 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: The property located at the above address is in a blighted condition. At the March 5, 2020 Special Magistrate Hearing, action was deferred until the May 2020 meeting to allow the respondent . more time to obtain a licensed general contractor to repair the property. Respondent attended July 2, 2020 hearing and demonstrated progress was being made on the repair of the property. Respondent testified that he believes the repairs can be completed by the regularly scheduled September meeting. 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,/s/Angela Irizarry, hereby swear and affirm that the above statement is true and accurate. • U.S. Postal Service' Angela Irizarry, CERTIFIED MAIL® RECEIPT g arty, Ll Domestic Mail Only Code Enforcement Officer, Ci of Atlantic Beach '� .0 For delivery information,visit our website at www.usps.com®. v ▪ Certified Mail Fee $ ATTEST: Extra Services&Fees(check box,add fee as appropriate) 0 Return Receipt(hardcopy) $ O 0 Return Receipt(electronic) $ Postmark O ❑Certified Mail Restricted Delivery $ Here 41&' / ,� ❑Adult Signature Required $ !> Oc11 ❑Adult Signature Restricted Delivery$ LLL"""t{{ti� El Postage • $ Kimberly M. Flower, Records Clerk r�u Total Postage and Fees p- Sent Tp�\C � V 1� (vA CLr'rtC3 :4 — r� I Q Street and Apt.No.,or Pb Box No. I Ci Cc: City,State,ZIP+4® Justin McGurrin PS Form 3800,April 2015 ISN 7530-02-000-9047 See Reverse for Instructions 5401 Waldron Street . U.S. Postal Service' Fernandina Beach,FL 32034 CERTIFIED MAIL° RECEIPT 7 �I ! 970 C)O 821/ ( l �rtJ Domestic Mail Only CJIJ 0 / � For delivery information,visit our website at www.usps.com". .13▪ Certified Mail Fee 43 $ Er Extra Services&Fees(check box,add fee as appropriate) ❑Return Receipt(hardcopy) $ 1:3 ❑Return Receipt(electronic) $ Postmark D ❑Certified Mall Restricted Delivery $ Here 0 Adult Signature Required $ 0 Adult Signature Restricted Delivery$ O Postage ft $ Q— Total Postage and Fees ru Sent f9y.\,_ i„. fry, I 1 , _ O Siie and p.No.,or PO Box No. City,State,ZIP+4* PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 5ei-►►uu►-►•M►I sJ f l if City of Atlantic Beach ,, r .J NEOPOST FIRSTCLASSMAIL ' 4800 Seminole RoadVII nit 07/24/2020 ;, Atlantic Beach,Florida 32233 US POSTAGE $006.90 7019 2970 0000 9864 6815 ��' ZIP 32233 i� 041M11299654 Justin McGurrin 5401 Waldron Street Fernandina Beach,FL 32034 NIXIEE 322 DE 1 0008 /21/20 RETURN TO SENDER UNCLAIMED UNA6LE TO 17- OR1NARi3 UNC BC: 32233546199 "1635-08917 -25 -4O 32233>5461 1'11Ii'II"HIIIIIII"'II'II'III`i111111l'IIII1'1I1'11'111111111" ..i ='3 4--5938; , ►CKA ENV L E r-(1;�'`a'ili�� FL 320 J City of Atlantic Beach2,5 NEOPOST FIRST-Cuss MAIL :, 800 Seminole Road ' " „t 07/24/2020 0 Atlantic Beach,Florida 32233 " ' ' " US POSTAGE$000.50— Vatisi . ZIP 32233 , : 041M11299654 'U1 0 )31z-020Justin McGurrin 5401 Waldron Street Fernandina Beach,FL 32034 NIXIE 322 DE 1 0008/21/20 1 I RETURN TO SENDER 1 UNCLAIMED 1 i(AEILE I'D FORWARD ! UNC BC: 32233546199 * 1638-00630-25 -40 tt 32233x5461 I'1'i1'1111111111111111111111111111'11'111'I1'1'11111f1111'111.1 .x2'0 34--88380 i 8/27/2020 USPS.com®-USPS Tracking®Results ALERT: USPS IS MONITORING CONDITIONS AS HURRICANE LAURA APPROACHES THE GULF... USPS Tracking® FAQs > Track Another Package + Tracking Number: 70192970000098646815 Remove X Your item was delivered to an individual at the address at 10:15 am on August 24, 2020 in ATLANTIC BEACH, FL 32233. m CD Q G Delivered 0_ n August 24, 2020 at 10:15 am Delivered, Left with Individual ATLANTIC BEACH, FL 32233 Get Updates u Text & Email Updates u Tracking History August 24, 2020, 10:15 am Delivered, Left with Individual ATLANTIC BEACH, FL 32233 Your item was delivered to an individual at the address at 10:15 am on August 24, 2020 in ATLANTIC BEACH, FL 32233. August 22, 2020, 10:39 am Delivery Attempted - No Access to Delivery Location ATLANTIC BEACH, FL 32233 https://tools.usps.com/go/TrackConfirmAction?gtc_tLabels1=70192970000098646815 1/2 8/27/2020 USPS.com®-USPS Tracking®Results August 21,2020,6:02 pm Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER July 31, 2020 In Transit to Next Facility July 25,2020, 8:09 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information See Less /\ 11 m Q. 0 v C) Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs https://tools.usps.com/go/TrackConfirmAction?gtc_tLabels1=70192970000098646815 2/2 X7'11■■I/I'1'4•j Lf_. - ' , I r.; ' 6 City of Atlantic Beach N., . NEOPOST FIRST CLASS MAIL I; ' 800 Seminole Road 0101E07/24/2020 0 r 4Atlantic Beach,Florida 32233 US POSTAGE $006.90- 7019 2970 0000 9864 6822Vig&I ZIP 32233 041M11299654 I I MCGU JU � A '�, Certified Mail 7100 Vit. R V 701929' - - 3ZZ 4-', E1 aao7/29/-20 JACKSON IL E, 220 RETURN T O SENDER• \ _ ATTEMP TED - NV 1 it IVV`4N Propert UNABLE TO = QR t Alr D - I - 044rC 5'i_: 32233546199 * 1638-03067 -25 -39 S22Lirs*811,00s � 1"1 i i1 lI�1 I,. i� i ��� �I I 1 11111 1 111111 11 111 111 11 1 1 111 11 11 'N Ut-i `1 /30(.7, :JACKSONVILLE City of Atlantic Beach 320 25AIL ' NEOPOST FIRST-CLASS MAIL 800 Seminole Road 07/24/2020 ` tifri Atlantic Beach, Florida 32233 r .w !,. US POSTAGE$000.502 VallaZIP 32233 041 M 11299654 1\ \ \ MCGURRIN JU TIN II _i1 Certified' ..r 7100 WILDER • ' 7019 2971 i+ i ALI '" 1 67/23/2 JACKSONVILLEV FL 268 _RETURN T o e Q F_ _ K 1 1 CIn I" I Co - fiV i RIVL)Wiii ` Property UNABLE TO FOAWAP.D t AN K BC: 32233546199 *173S-00333-25 - 48 3 2 = Oplimihildhhlingpididlyi,dhl'I"II1'lpi CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7019 2970 0000 9864 6839 vs. Property Address: 50 Simmons Road Atlantic Beach, FL 32233 Justin A. McGurrin 7100 Wilder Avenue Jacksonville, FL 32208 First Class and Certified Mail Return Receipt Requested: 7019 2970 0000 9866 3065 Respondent. CASE NUMBER: 19-228 REAL ESTATE NUMBER: 172173 0000 LEGAL DESCRIPTION: 19-16 17-2S-29E,DONNERS R/P PT. LOT 2, LOT 6 BLK 10 ATLANTIC BEACH, FLORIDA ORDER EXTENDING TIME FOR COMPLIANCE AND IMPOSING FINE ON CASE No. 19-228 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on September 3, 2020, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders as follows: FINDINGS OF FACT 1. Respondent owns the property located at 50 Simmons Road, Atlantic Beach, Florida. 2. Notice of the hearing was sent by Certified Mail. 3. Respondent previously appeared at hearings on the same violation held on March 5, 2020 at which action on the violations was deferred. 4. The matter was set again for hearing on May 21, 2020, and Respondent did not appear at that hearing. 5. That hearing resulted in entry of an Order that provided for $100 per day fines to accrue beginning on July 13, 2020. 6. Respondent appeared again at the hearing held on this matter on July 2, 2020. 7. At that time action on the matter was deferred until September 3, 2020. 8. Respondent appeared at this hearing. 9. Respondent has continued to make progress on curing the code violations. 10.Progress includes a new roof, electrical work, and additional permitting. 11. The outstanding work to achieve full compliance consists mostly of new windows and decking. 12. Deck permitting was in place as of this hearing. 13. The contractor Respondent hired to replace the windows has licensure problems, and Respondent is seeking a new contractor. 14.The property has been adequately secured. CONCLUSIONS OF LAW 15. The Respondent's continued progress towards compliance combined with his explanation for continued non-compliance justify delaying the imposition of fines imposed in the June 12, 2020 Order Extending Time for Compliance and Imposing Fine on Case No. 19-228 and deferring the matter until the next regularly scheduled code enforcement hearing set for November 5, 2020 at 2:00 p.m. 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 action on the matter is deferred until the next regularly scheduled code enforcement hearing set for November 5, 2020 at 2:00 p.m. DONE AND ORDERED THIS 23RD DAY OF SEPTEMBER 2020. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: 41/1/g LY/A in -00(Zr Kimberly M. j lever, Records Clerk Jeby: Branham, Special Magistrate Executed this 23rd day of September 2020. PLEASE NOTE: Florida Statutes § 162.11 requires that any appeal of this order must be filed in the circuit court for Duval County within 30 days of this order's execution. cc: Justin A. McGurrin 5401 Waldron Street Fernandina Beach, FL 32034 First Class and Certified Mail Return Receipt Requested: 7019 2970 0000 9864 6846 2 I. . •os a ervice CERTIFIED MAIL° RECEIPT ✓ Domestic Mail Only fl For delivery information,visit our website at www.usps.com®. 7 Certified Mail Fee fl $ ✓ Extra Services&Fees(check box,add fee as appropriate) ❑Return Receipt(hardcopy) $ _ O ❑Return Receipt(electronic) $ Postmark 7 ❑Certified Mall Restricted Delivery $ Here ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ • Postage $ rTotal Postage and Fees • f Sent To rl I el 7 Street anWNo.,or ox icro. iry,State,21P+4' I. . 'os a ery ce ,n CERTIFIED MAIL° RECEIPT .n Domestic Mail Only "rl For delivery information,visit our website at www.usps.com . Certified Mail Fee • $ ✓ Extra Services&Fees(check box,add fee as appropriate) 0 Return Receipt(hardcopy) $ 0 Return Receipt(electronic) $ Postmark 0 Certified Mail Restricted Delivery $ Here 0 Adult Signature Required $ ❑Adult Signature Restricted Delivery$ Postage r $ -u Total Postage and Fees - SelWiper" ,oro rro. .rah.- is 21i • I. . -os a -rvi - CERTIFIED MAIL° RECEIPT * Domestic Mail Only fl For delivery information,visit our website at www.usps.com OFFICIAL USE Certified Mall Fee a $ ✓ Extra Services&Fees(check box,add fee as appropdete) ❑Return Receipt(hardcopy) $ _ ❑Return Receipt(electronic) $ Postmark 0 Certified Mail Restricted Delivery $ Here ['Adult Signature Required $ ❑Adult Signature Restricted Delivery$ Postage $ UTotal Postage and Fees ✓ Sentjgn la Ll i✓1� 1 �1 �� 02x0 S`tr t and Apt.No.,or PC Box No. City,State,21P+44 S�''yr II I..uNV'ILLE FL "320 NEOPOST ���Rsr_c���s5 r.����� ,,, City of Atlantic Beach . !p X020 pM 4 L its- 800 Seminole Road 09/23/2020 ,M v� Atlantic Beach, Florida 32233 US POSTAGE$006.90- 7019 2970 0000 98663065 : Z 32 0411\1/1P1 :::54 12 . / 1\1641 / f ,., ,/4Property Addre: / 41.4' Atlantic Be Justin A. :'W, " •-1 f,----1 N T. -.47.C 3 2 2 DC 1 {'i 4 a.Z/3..3 /2,1; ' 7100 W. sr — , iue RETURN TO SENDER I 9 NO Such itUMaER Jackson e, L 32208 a,,,,,,A.s r To FOR tftrAnn L'irctflaccanrlCertifierlMail Pptiirn 1NSf SC: 322.33546199 "ii30—vZ5i0—cY-45 322r2St41i 30 1111:1►„11,ijffi1ilal1111111111111If11i1111111'11iiil1111l11il!I I - , �Si- `1r�, 4 I I;. VILLE FL 320 J3 I NEOPOST FIRST-CLASS MAIL ,a City of Atlantic Beach 0PM4L ;, s 800 Seminole Road1 11 09/23/2020 Atlantic Beach,Florida 32233 US POSTAGE$006.90° 7019 2970 0000 9864 6846 'I7:c#' . ZIP 32233 . • 041M11299654 Justin McGurrin W 5401 Waldron Street Fernandina Beach, FL 32034 NIXIE' 3 2,2 DG 1 DOY!7/23120 ! f RETURN TO SENDER i VACANT i LINABLE TO FORWARD z VAC BC: W. 33 .546139 * 1738-02627 -24-39 i ` 21z� 4Tris DI Iiiiiiiillyllllidlii1sdlillilidlii►illiiiliililll,illilliill V..1 City of Atlantic Beach NEOPOST F,RsT Cl Ass MAIL r 800 Seminole Road 09/23/2020 Atlantic Beach,Florida 32233 US POSTAGE 000 50 VeraZIP 32233 041M11299654 Justin McGurrin G�i�� 5401 Waldron Street 1 2020 Fernandina Beach, FL 32034 ^..iC 722 F 1 G003J 3;:s72v ,1 RETURN TO SENDER l ' a NUI UtLiVtKAISLt AS AuuKttD 9 , 4 UNABLE TO FORWARD {f1 UT oC: z,cc»a461.3S * r653o—OoG25 -24 46 #1 I�i�lil111i11ll15ii➢lS�sYlii11l'1lllT+siisldrli,,,qiiiiill 1. • ,r,i1-41.11trjr, CODE ENFORCEMENT ., - it .' � CITY OF ATLANTIC BEACH, FLORIDA r 1.5, s NOTICE OF HEARING JStisi 9/28/2020 Case Number: 19-228 MCGURRIN JUSTIN A Certified Mail Return Receipt: 7100 WILDER AVE 7016 0910 0001 Gf-1 CiC( L4culo JACKSONVILLE, FL 32208 Property Address: 50 SIMMONS RD ATLANTIC BEACH, FL Cer-+-cied Mai I Return Recei ' fr Dear Respondent: 7©KI .1970 0000 RSA 307A You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on November 5, 2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 50 SIMMONS RD, RE#172173 0000, 19-16 17-2S-29E, DONNERS R/P PT LOT 2, LOT 6 BLK 10. 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. 109.2 Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. Sec. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. Sec. 108.1.5 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. Sec. 108.1.5 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing systems, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. IPMC Sec. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. Sec. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well being of the community. Sec. 12-1 (b) It shall hereby declared a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (3) For any person to allow, suffer or permit any lot, premises or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing filth or rubbish of any kind. Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. IPMC Sec. 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. IPMC Sec. 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. IPMC Sec. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. IPMC Sec. 301.3 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. STATEMENT OF CODE ENFORCEMENT OFFICER: On 5/21/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 50 SIMMONS 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: The property located at the above address was in a blighted condition. The Owner continues to make progress with the repairs but all repairs have not been completed. r , 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, is I r , hereby swear and affirm that the above statement is a and a urate. 7016 0910 0001 6799 4516 m , __A2. �3 s m a 3 mu) Angela Iriz 3 m � C-4 p 9 -o Code Enforcement Officer, City Atlantic Beach o -1, \ 3 -n � � r• id � �� a � � N §. sa8 " o = m N CP, a gv- 9: ° D ATTEST: 3 a / N / r ` O jc, i O k i x I. r-j;°1 Kimberly Flower,'ecords Clerk m y m J Et m N 1 ii 33 cc: Justin McGurrin N =N y 5401 Waldron St `° 3 " x 3 Fernandina Beach, FL 32034N Car+i � � mo e� Mott urn Receip�" P QC? 7O Iq aq 70 0000 q �(�Co 30 � 5.N U.S. Postal Service- U.S. Postal Service- CERTIFIED MAIL® RECEIPT Rl Domestic Mail Only CERTIFIED MAIL® RECEIPT t,- ▪ Domestic Mail Only For delivery information,visit our website at www.usps.com"°. OOFFICIAL IJSE R1 For delivery information,visit our website at www.usps.com"'. ..0 OFFICIAL ,..i_; < USE� -0 Certified Mail Fee —El Q., $Certified Mail Fee Extra Services&Fees(check box,add fee as appropriate) < $ 0 Return Receipt(hardcopy) $ Extra Services&Fees(check box,add fee as appropriate) CI ❑Return Receipt(electronic) $ Postmark ❑Return Receipt(hardcopy) $ O ['Certified Mail Restricted Delivery $ Hare CI ❑Return Receipt(electronic) $ Postmark O ❑Adult Signature Required $ ll 0 Certified Mail Restricted Delivery $ Here ❑Adult Signature Restricted Delivery$ O 0 Adult Signature Required $ O Postage ['Adult Signature Restricted Delivery$ N $ O Postage Total Postage and Fees N $ fu Er Total Postage and Fees Q' $ Sent To Sent T O Stre dApt.No.,or l' Box No. rg Ur r l K) (moi -�-� r` i aliY_�gsYl.� O SYieeta o r.orF' - l No. I!"b"0 N r -�Ity State,ZIP+46 "City,Mate,ZIP+40 ! PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions I l l I • i �' LLE FL 320 40 4T-1;411' 0\ City of Atlantic Beach NEOPOST RSTCLMan. 2 800 Seminole Road C) PM 4 L 09/28/2020 n �+ VIM Atlantic Beach,Florida 32233 US POSTAGE$006-90° 7019 2970 0000 9866 3089 ZIP 32233 Val? 041 M11299654 -r CEIVED Justin McGurrin 5401 Waldron Street 0C1 6 2020 Fernandina Beach, FL 32034 ----------------- NIXIE 322 DE 1Je Zalef f 6' 2 / G 3 i RETURN TO SENDER $ VACANT UNABLE TO FORWARD <o NO +�_ .w.d'�- 3C: 7cc»� 4o93..S3 '17 3343-2 247-204- 40, a 4 a?4t '4 b lj i �S iE �i5 5i ii �i4ii , ii¢eA�iF 1i it ;i�iiuea 1 111111 11111 1 111 111 11 tl11111°lll1 1 Jas `/r F, JACKSONVILLE FL 320 NEOPOST RsT CLASS MAIL ,,, City of Atlantic Beach 28 SEP'2020 PM 4 L 09/28/2020 "r 800 Seminole Road 0 Atlantic Beach, Florida 32233 US POSTAGE •�O' E1� Z!P ita 1 n 041 M 1123223399654 It T-C�Ivp 6 X020 Justin McCurrin OCZ 5401 Waldron Street Fernandina Beach, FL 32034 Nw 1 t6,�. 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RETURN TO SENDER i VACANT UNABLE TO FORWARD qq VAC- SL: S t G a a 'TG13,3� 41/ aG-ZI Z Z-4Z I! 33 igi7t';-4 . i IRI I, 19111 14 .,1191 ti III; 11.1 19 II 449481 3 1"11"1,'1"1111'11'11"1.1"11"I'1'17�it,.'WI'��'fI I liT1111 1 in ILLE FL 320itif FIRST CL ASS Mair *Af NEOPOST , City of Atlantic Beach 1.1141nZilill .I 2Cx PM t L 09!28/2020 .+ 800 Seminole Road 0 '' ► ' US POSTAGE$006.90- Atlantic Beach,Florida 32233 a 9� 7019 2970 0000 9866 3072 I 31 "-ka 041M1 299654 Justin McGurrin 50 Simmons Road RECEIVED Atlantic Beach, FL 32233 OCT 6 2,020 IYI 1: 3 tG PE 1 Cl YJ 1e 1t Ca> I'4YJ 1 RETURN TO SENDER Al T EMP T E J — NOT tCNOWN _ __ E'. 3C. . 4.4., ...146193 �1> O-04.014.-La"' `Y4 1{{ ` �>= zz 33>5 1 11111111111111piiiiiiiilillill11i11111f 1ll,illdili1116111111111 i t=-Lir JACKSONVILLE FL 320 FIRST-CLASS MAIL a NEOPOST �' „� City of Atlantic Beach 28 SEP 2020 PM 4 L 09/28/2020 v-a`r800 Seminole Road \edyr Atlantic Beach,Florida 32233 US POSTAGE$000 50° P32• 233 041M11299654 M1 11299966 54 Justin McGurrin DECEIVED 50 Simmons Road Atlantic Beach, FL 32233 OCT 6 2020 3 22 t"' .G 1 Ct C71 YJ Fj U.d / 4 %F 1 XI a RETURN TO SENDER A i s E P TED - NOT KNOWN 1 UNA='.-E In P.ORWA!rt U TPK1: 933312021 ANN, SC: ]kGG3z,..) 4&iSS " 1735-0733x-2a-4?, 1 321A-In } 4W _= iiIiiii1i1i,{Iitl1ll `Iliiiil,1jlIHIllitlilii;l'ili'iiiIIIIluill CITY OF ATLANTIC BEACH j Ss� 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 151, v� PHONE (904) 247-5800 NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 19-228 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: �� 21:312E32-0 Location: 1:3(2 32— Location: 50 Simmons Rd.,Atlantic Beach, Florida (2) Date Posted: k 2-Le,P2_02-0 Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 Cr." e 4 Angela Ir rry, Code En•aim'lent ' County of Duval State of Florida The foregoing Affidavit was acknowledged before me thisZL, day of 202_0, by Angela Irizarry,who is personally known to me as Code Enforcement for the City of Atlantic Beach. Person taking acknowledgement: (Notary Stamp/Seal) g?t67—/ Notary Public, State of Florida 4% LORI DIAZ , MY COMPASSION#GG 276336 •, °' Bonded flw Notary Pubic Underway' j.�o CODE ENFORCEMENT S f CITY OF ATLANTIC BEACH, FLORIDA r r� NOTICE OF HEARING POSTED ON PROPERTY AND fi ATLANTIC BEACH CITY HALL vJ't1,r DATE: IO\ 210 I:a'oz(� 10/26/2020 Case Number: 19-228 MCGURR1N JUSTIN A Certified Mail Return Receipt: 7100 WILDER AVE 7016 0910 0001 4516 JACKSONVILLE, FL 32208 Property Address: 50 SIMMONS 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 November 5, 2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 50 SIMMONS RD, RE#172173 0000, 19-16 17-2S-29E, DONNERS R/P PT LOT 2, LOT 6 BLK 10. 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. 109.2 Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. Sec. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped,worn, loose,torn or otherwise unsafe as to not provide safe and adequate means of egress. Sec. 108.1.5 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. Sec. 108.1.5 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay damage, faulty construction or arrangement, inadequate light, ventilation,mechanical or plumbing systems, or otherwise, is determined by the code official to be unsanitary,unfit for human habitation, or in such a condition that is likely to cause sickness or disease. IPMC Sec. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. Sec. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well being of the community. Sec. 12-1 (b) It shall hereby declared a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (3) For any person to allow, suffer or permit any lot, premises or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing filth or rubbish of any kind. Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts,old tires, construction materials, and broken and abandoned items. IPMC Sec. 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. IPMC Sec. 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. IPMC Sec. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony,porch, deck or other walking surface shall be maintained in sound condition and good repair. Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. IPMC Sec. 301.3 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. STATEMENT OF CODE ENFORCEMENT OFFICER: On 5/21/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 50 SIMMONS 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: The property located at the above address was in a blighted condition. The Owner continues to make progress with the repairs but all repairs have not been completed. • 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, kN 3 [C, N ;r\- , hereby swear and affirm that the above statement e and accurate. I Angela In , Code Enforcement Officer, City of Atlantic Beach ATTEST: CAIAA11 P Kimberly Flower, 'ecords Clerk cc: Justin McGurrin 5401 Waldron St Fernandina Beach,FL 32034 CODE ENFORCEMENT z CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING r F3 11/10/2020 Case Number: 19-228 MCGURRIN JUSTIN A Certified Mail Return Receipt: 7100 WILDER AVE 7018 2290 0001 0116 8374 JACKSONVILLE, FL 32208 Cer-Iri.eied Mai I Re+urn 12Rceipf: Property Address: 50 SIMMONS RD 7o+q '7a °MD gg/Clo 309t0 ATLANTIC BEACH, FL Dear Respondent: The Special Magistrate hearing previously scheduled for November 5, 2020 was postponed and a new date has been set. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on December 3, 2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 50 SIMMONS RD, RE#172173 0000, 19-16 17-2S-29E, DONNERS R/P PT LOT 2, LOT 6 BLK 10. 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. 109.2 Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. Sec. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose,torn or otherwise unsafe as to not provide safe and adequate means of egress. Sec. 108.1.5 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. Sec. 108.1.5 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing systems, or otherwise, is determined by the code official to be unsanitary,unfit for human habitation, or in such a condition that is likely to cause sickness or disease. IPMC Sec. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. Sec. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well being of the community. Sec. 12-1 (b) It shall hereby declared a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (3) For any person to allow, suffer or permit any lot, premises or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing filth or rubbish of any kind. Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. IPMC Sec. 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. IPMC Sec. 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. IPMC Sec. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. IPMC Sec. 301.3 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. STATEMENT OF CODE ENFORCEMENT OFFICER: On 5/21/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 50 SIMMONS 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: The property located at the above address was in a blighted condition. The Owner continues to make progress with the repairs but all repairs have not been completed. 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. Ve‘ raCti� , hereby swear and affirm that the above statement is true and curate. Angela Iri , Code Enforcement Officer, City of Atlantic Beach ATT ST: ,_Ftopor Kimberly Flower, R ords Clerk cc: Justin McGurrin 5401 Waldron St Fernandina Beach, FL 32034 ecQ Mail 2e+urvi 70\q ,ac--17 O 0000 G?cc(o 3I0 X4',4 N- flNEOPOST FIRST-CLASS Ma,L n City of Mantic Beach 11/10/2020 o800 Seminole Road US POSTAGE $006 90° ' Atlantic Beach,Florida 32233 arof:i Zi P 32233 7018 2290 0001 0116 8374 041 M1 1 299654 Justin McGurrin 50 Simmons Road Atlantic Beach, FL 32233 e`tiiXIE 32.2 c 2 ricniii 2.4i 2 k i ATTEMPTED - 'NOT KNOWN JNAaLE TO FORWARD A K. BC: f 32233546199 *0538-0022S -10-44 j 3Littt3"T ' :�:,.. • ":1 Il /Illiiilliiiiiiitiiiilifiifiliii1ifi1ll111f'll++iiil1111iii1i1++111}11 I J�P ,,rid FIRST-CLASS MAIL NEOPOST ii% City of Atlantic Beach 11/10/2020 800 Seminole Road ~ Atlantic Beach, Florida 32233 US POSTAGE$006.90° r;3 L) 32233 7019 2970 0000 9866 3102 ZIP 041 M11299654 54 Justin McGurrin 5401 Waldron Street Fernandina Beach, FL 32034 \ 4 —1(kce.1_ " 1 y1; i 7TO S^.[+a}ng °1 UNCLAIMED E I/NA8LE TO FORWARD ;tip 8C; 32233548299 *0538-8022&1-i9-44 -:.:4:2. 3.3:*&:4 1�.-_- ilf111iiiiiiiiiiiii{iIliiiiiiijlliijiiilliiiiiiii pill i'iiii4fi111 1 �7ylll/dl-l'll% 3`01 .PA� City of Atlantic Beach )k1 5al\ 32"NEOPOST FIRST-CLASS b",Ail i1 1 800 Seminole Road q r 20 2 _ 0US9/04/2020 0 Atlantic Beach, Florida 32233 POSTAGE $006.90 7016 0910 0001 6799 4592 pct a zlP 32233 041 M11299654 V� 1 \ PELKEYLISAS #.2 �Ic aci rc. 4. viii /vo/2r; i 1887 BEACH AVE RETURN 70 SENDER ATLANTIC BEACH, FL 32233-5938 NOT DEL VER.AnLE AS ADDRESSED UNAEILE TO FORWARD f J'-{ v^ DL. ' 32'233546'19'4 •11.5313-0-4223-1i,'4-3:4 .:x,3.22.3- illltltll`ltt,�illll'lt,ill'tIIll11hhili1ll1l'Ittiiilli"ISilt4� 32233>546i ,, T C NEOPOST ;PS _ASS MAu_ 4, �:- City of Atlantic Beach 4 ' 800 Seminole Road 11/10/2020 Atlantic Beach,Florida 32233 US POSTAGE$000.502 pZIP 32233 041M11299654 Justin McGurrin 50 Simmons Road Atlantic Beach, FL 32233 .1 n1 C :i2-4-. P' E A CJG11/ 1•4J G YJ 1 F=TURN Tca =P. ; _,7 _ ATTEMPTED — NOT KNOWN UNABLE TO =OR WARD ANK BC: 32233546199 48e53B—P.a82SE-10-44 i ssr1 cc iii ii{ii iii{ nliii{ii lili ` iiiiiii iii ilii iii i iil � i If i Illf{{ 1 i' 7 iiiiitf f i} IS If iil} 1 i " City of Atlantic Beach NEOPOST F�sT c ass r,ni 4y 800 Seminole Road 11/10/2020 0 {,a Atlantic Beach,Florida 32233 US POSTAGE$000.50- [11 ,'••. 041M112996ZIP3223354 Justin McGurrin 5401 Waldron Street Fernandina Beach,FL 32034 iri nic .32.2 vc 1 vri� i j civ o RET_Gw: E rDEFuNCL. AIMED LINABLE TO FORWARD JNC BC: 322233.54615. 4'053/3- 6828 3- 1a-44 73.•13••4.i,. 6..4A1R `���{"ffiff914�ttliiiiilii111'f`ili'f�lilitt�f!ifi�{iti}liflii� f ` `t'ri, CODE ENFORCEMENT Js lepy,0 5 CITY OF ATLANTIC BEACH, FLORIDA MEW NOTICE OF HEARING Vii >'' POSTED ON PROPERTY AND ATLANTIC BEACH CITY HALL 11/23/2020 Case Number: 19-228 MCGURRIN JUSTIN A 7100 WILDER AVE Property Address: 50 SIMMONS RD JACKSONVILLE, FL 32208 ATLANTIC BEACH, FL Dear Respondent: The Special Magistrate hearing previously scheduled for November 5, 2020 was postponed and a new date has been set. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on December 3, 2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 50 SIMMONS RD, RE#172173 0000, 19-16 17-2S-29E, DONNERS R/P PT LOT 2, LOT 6 BLK 10. 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. 109.2 Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. Sec. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. Sec. 108.1.5 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. Sec. 108.1.5 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing systems, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. IPMC Sec. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. Sec. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well being of the community. Sec. 12-1 (b) It shall hereby declared a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (3) For any person to allow, suffer or permit any lot, premises or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing filth or rubbish of any kind. Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. IPMC Sec. 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. IPMC Sec. 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. IPMC Sec. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. IPMC Sec. 301.3 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. STATEMENT OF CODE ENFORCEMENT OFFICER: On 5/21/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 50 SIMMONS 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: The property located at the above address was in a blighted condition. The Owner continues to make progress with the repairs but all repairs have not been completed. 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, �t �`✓1`j , hereby swear and affirm that the above statement is true and curate. .)--SL— Iiiiiiii°41 t Angela Iri Code Enforcement Officer, City of Atlantic Beach ATTEST: , i ,h,e,t,i,t(i(kflA,c,,_ Kimberly Flower, Records Clerk cc: Justin McGurrin 5401 Waldron St Fernandina Beach, FL 32034 %'i -V'rJJ-:,.-,". *,"i..4•_.0i1111)- 'i' CITY OF ATLANTIC BEACH Ss\ 800 SEM7ER0AD:;1 OL ATLANTIC BEH, FL 32233 `� ` vPHON04) 247-5800 NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 19-228 Pursuant to Chapter 162, Florida Statutes and Sec. 2-147, City of Atlantic Beach City Code of Ordinances, I, «AssignedTo», 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 c7 c�3 Location: 50 Simmons Road, Atlantic Beach, Florida (2) Date Posted: , t 1 a 1 'U 0 Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 n 0.k )4\AVA-�Angela Irizar , Code En orce County of Duval State of Florida The foregoing Affidavit was acknowledged before me this a3 `qday of No.e, Aer 20 90, by Angela Irizarry,who is personally known to me as Code Enforcement for the City of Atlantic Beach. Person taking acknowledgement: (Notary Stamp/Seal) i , . /. N ary Public, State o__ • 't i.' ;:•.: YVONNE CALVERLEY MY COMMISSION#GG 974233 :::4;�,o EXPIRES:July 29,2024 FO°,F`OP Bonded Thn Notary Public Undenvrlers CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7019 2970 0000 9865 5015 vs. Property Address: 50 Simmons Road Atlantic Beach, FL 32233 Justin A. McGurrin 7100 Wilder Avenue Jacksonville, FL 32208 First Class and Certified Mail Return Receipt Requested: 7019 2970 0000 9864 7775 Respondent. CASE NUMBER: 19-228 REAL ESTATE NUMBER: 172173 0000 LEGAL DESCRIPTION: 19-16 17-2S-29E, DONNERS R/P PT. LOT 2, LOT 6 BLK 10 ATLANTIC BEACH, FLORIDA ORDER EXTENDING TIME FOR COMPLIANCE ON CASE No. 19-228 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on December 3, 2020, and the Special Magistrate having heard testimony under oath,received evidence, and heard arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders as follows: FINDINGS OF FACT 1. Respondent owns the property located at 50 Simmons Road, Atlantic Beach, Florida. 2. Notice of the hearing was sent by Certified Mail. 3. Respondent previously appeared at a hearing on the same violations held on March 5, 2020 at which action on the violations was deferred. 4. The matter was set again for hearing on May 21, 2020, and Respondent did not appear at that hearing. 5. That hearing resulted in entry of an Order that provided for$100 per day fines to accrue beginning on July 13, 2020. 6. Respondent appeared again at the hearing held on this matter on July 2, 2020. 7. At that time action on the matter was deferred until September 3, 2020. 8. Respondent appeared at the September 3, 2020 hearing. 9. Due to Respondent's continued progress with bringing the property into compliance, action on the matter was again deferred until the next regularly scheduled hearing. 10.The next hearing was held on December 3, 2020, and Respondent appeared. 11.The only remaining work to be done to bring the property into compliance is work on the windows, the interior, the deck, and final inspection. 12. Respondent was informed that all the work and final inspection must be completed before the code enforcement hearing scheduled for January 7, 2021 at 2:00 p.m. or that fines were likely to be imposed. CONCLUSIONS OF LAW 13. The Respondent's continued progress towards compliance combined with his explanation for continued non-compliance justify delaying the imposition of fines imposed in the June 12, 2020 Order Extending Time for Compliance and Imposing Fine on Case No. 19-228 and deferring the matter until the next regularly scheduled code enforcement hearing set for January 7, 2021 at 2:00 p.m. 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 action on the matter is deferred until the next regularly scheduled code enforcement hearing set for January 7, 2021 at 2:00 p.m. DONE AND ORDERED THIS 18TH DAY OF DECEMBER 2020. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: c, 44144/ :FW—X9r-Ar- Kimberly " . Flower, Records Clerk J- . Branham, Special Magistrate Executed this 18th day of December 2020. PLEASE NOTE: Florida Statutes § 162.11 requires that any appeal of this order must be filed in the circuit court for Duval County within 30 days of this order's execution. Justin A. McGurrin 5401 Waldron Street Fernandina Beach, FL 32034 First Class and Certified Mail Return Receipt Requested: 7019 2970 0000 9864 7782 2 I • " 0��l ` ' I�) O I i !_LE FL 320 F,RsT c rss Tran_ • NEOPOST fr i City of Atlantic Beach I' ` U t:M L . ; 800 Seminole Road 12/18/2020 Q 0 V Atlantic Beach,Florida 32233 US POSTAGEOQ6.9�- 7019 2970 0000 9865 5015 ZIP 32233 ' 041M11299654 Justin McGurrin 50 Simmons Road Atlantic Beach,FL 32233 NIXIE 322 FE 1 0012/ 28 /20 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD u BC: 213 3S461.99 bi9T ' 1F3V- 05 484- 84- i.M-3J z - .3 NEOPOST FIRST-CLASS MAIL City of Atlantic Beach ! 800 Seminole Road1 12/18/2020 n00 Atlantic Beach,Florida 32233 US POSTAGE 006.7 7019 2970 0000 9864 7782Eli " ••10% Y ZIP 32233 041M11299654 Justin McGurrin 5401 Waldron Street Fernandina Beach, FL 32034 NIXIE 322 PE 1 00 .2/22/20 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO r ORWARD . UTP BC, 32233546199 6635-07903-1B - 41 . CODE ENFORCEMENT rj Orr % CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 12/21/2020 Case Number: 19-228 MCGURRIN JUSTIN A Certified Mail Return Receipt: 7100 WILDER AVE 7016 0910 0001 6799 3885 JACKSONVILLE, FL 32208 Property Address: 50 SIMMONS RD ATLANTIC BEACH, FL Dear Respondent: The Special Magistrate hearing previously scheduled for November 5, 2020 was postponed and a new date has been set. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on January 7, 2021 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 50 SIMMONS RD, RE#172173 0000, 19-16 17-2S-29E, DONNERS R/P PT LOT 2, LOT 6 BLK 10. 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. 109.2 Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. Sec. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. Sec. 108.1.5 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. Sec. 108.1.5 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing systems, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. IPMC Sec. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. Sec. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well being of the community. Sec. 12-1 (b) It shall hereby declared a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (3) For any person to allow, suffer or permit any lot, premises or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing filth or rubbish of any kind. Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. IPMC Sec. 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. IPMC Sec. 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. IPMC Sec. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. IPMC Sec. 301.3 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. STATEMENT OF CODE ENFORCEMENT OFFICER: On 5/21/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 50 SIMMONS 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: The property located at the above address was in a blighted condition. The Owner continues to make progress with the repairs but all repairs have not been completed. At the December 3, 2020 hearing, responded was ordered to have all repairs completed and inspected by the January 7, 2021 hearing. 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, , hereby swear and affirm that the above statement is true and'accurate. Angela Irizarry, Code Enforcement Officer, City of Atlantic Beach ATTEST: 44010.k)fti//r `�r "� Af. Kimberly Flo'der, Records Clerk 7016 0910p 0001 6799 3885 0. m r r $ ❑❑❑❑❑mom T O m m o o (; C cc: Justin McGurrin 3 m a a m 5 5 5 3e,2 a m cn • 5401 Waldron St e a a 3 , � 2 ; maw» »W 711 Fernandina Beach, FL 32034 -9 • a m $ m 11 Ras , o _ mom O O `C N 1) m ✓ wwwwv.Q D 5. o N m n m m m O � F a N ” llILLE FL. 320 P!RS,-CLASS MAIL tCity of Atlantic$each II il II IIINEOPOST 800 SilRdI 11 is ..! -I ?n rxty� L 12/ 21/2020 lic Atlantic Beach,Florida 32233 US POSTAGE$006 90° 7016 0910 0001 6799 3885P gra ZIP 32233 041 M11299654 Lvil_-‘J U N J U 31 EN A Certified 1N. ` ,/�� 7100 WILDER AVE 7016 ( ''� n `� JACKSONVILLE, FL 32208 NIXIE 322. DE 1 0001/ 22/ 21 Prope RETURN TO SENUEi? 3 UNCL AZr EE ufC BC: 32233S46199 *1438-13821-21-38 i 22 i3Ci 1 i`'II'liillIIIIIi,iiiiiieiamllilliili iiiiiii'liini6ii,ilitilii ii ,, .,:i 1 A A j•J+, CODE ENFORCEMENT ' ' % CITY OF ATLANTIC BEACH, FLORIDA ��' �° NOTICE OF HEARING x 'x.0%31;" POSTED ON PROPERTY AND ATLANTIC BEACH CITY HALL 12/21/2020 Case Number: 19-228 MCGURRIN JUSTIN A 7100 WILDER AVE Property Address: 50 SIMMONS RD JACKSONVILLE, FL 32208 ATLANTIC BEACH,FL Dear Respondent: The Special Magistrate hearing previously scheduled for November 5, 2020 was postponed and a new date has been set. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on January 7, 2021 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 50 SIMMONS RD, RE#172173 0000, 19-16 17-2S-29E, DONNERS R/P PT LOT 2, LOT 6 BLK 10. 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. 109.2 Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, including the boarding up of openings, to render such structure temporarily safe whether of not the legal procedures herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. Sec. 108.1.5 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose,torn or otherwise unsafe as to not provide safe and adequate means of egress. Sec. 108.1.5 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. Sec. 108.1.5 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay damage, faulty construction or arrangement, inadequate light, ventilation,mechanical or plumbing systems, or otherwise, is determined by the code official to be unsanitary,unfit for human habitation, or in such a condition that is likely to cause sickness or disease. IPMC Sec. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. Sec. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Sec. 12-1. Nuisances (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well being of the community. Sec. 12-1 (b) It shall hereby declared a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (3) For any person to allow, suffer or permit any lot, premises or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing filth or rubbish of any kind. Sec. 24-173. Neighborhood preservation and property maintenance standards. (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from the street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: 1. Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. IPMC Sec. 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. IPMC Sec. 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. IPMC Sec. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Sec. 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. IPMC Sec. 301.3 Vacant Structures and Land. All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. STATEMENT OF CODE ENFORCEMENT OFFICER: On 5/21/2020 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 50 SIMMONS 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: The property located at the above address was in a blighted condition. The Owner continues to make progress with the repairs but all repairs have not been completed. 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, Pn5QAC‘ _` ZciTi. , hereby swear and affirm that the above statement e and accurate. • Angela Iri , • • Code Enforcement Officer, City of Atlantic Beach ATTEST: 1K-Wq- .---„, Kimberly Flowe , Records Clerk cc: Justin McGurrin 5401 Waldron St Fernandina Beach, FL 32034 . e CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7019 2970 0000 9865 5022 vs. Property Address: 50 Simmons Road Atlantic Beach, FL 32233 Justin A. McGurrin 50 Simmons Road Atlantic Beach, FL 32233 Respondent. CASE NUMBER: 19-228 REAL ESTATE NUMBER: 172173 0000 LEGAL DESCRIPTION: 19-16 17-2S-29E,DONNERS R/P PT LOT 2,LOT 6 BLK 10 ATLANTIC BEACH, FLORIDA ORDER ON CASE NO. 19-228 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on January 7, 2021, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders as follows: FINDINGS OF FACT 1. Respondent owns the property located at 50 Simmons Road, Atlantic Beach, Florida. 2. Notice of the hearing was sent by Certified Mail. 3. Respondent appeared at the January 7, 2021 hearing. 4. Respondent previously appeared at a hearing on the same violations held on March 5, 2020 at which action on the violations was deferred. 5. The matter was set again for hearing on May 21, 2020, and Respondent did not appear at that hearing. 6. That hearing resulted in entry of an Order that provided for $100 per day fines to accrue beginning on July 13, 2020. 7. Respondent appeared again at the hearing held on this matter on July 2, 2020. 8. At that time action on the matter and fines were deferred until September 3, 2020. 9. Respondent appeared at the September 3, 2020 hearing. 10.Due to Respondent's continued progress with bringing the property into compliance, action on the matter was again deferred until the next regularly scheduled hearing. 11. The next hearing was held on December 3, 2020, and Respondent appeared. 12. Due to Respondent's continued progress with bringing the property into compliance, action on the matter was again deferred'until the next regularly scheduled hearing. 13.As of the January 7, 2021 hearing, Respondent appeared to be fulling in compliance, except that technical specifications for his windows had not yet been provided to Atlantic Beach due to technical issues with the specifications files. 14. The technical issues have delayed the issuance of a permit for Respondents windows and final inspection. 15.Atlantic Beach recommended deferral the matter to the next regularly scheduled code enforcement hearing and finding Respondent in compliance pending permitting and final inspection. CONCLUSIONS OF LAW 16. Respondent appears to be in compliance with Atlantic Beach's Code, except for obtaining a permit for his windows and final inspection thereof. 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 the time in violation but is now found in compliance provided that Respondent obtains a permit for his windows and final inspection thereof. The matter shall be deferred until the next regularly scheduled code enforcement hearing for the purpose of determining whether the permit and final inspection have been obtained. DONE AND ORDERED THIS 21'DAY OF JANUARY,2021. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE A imsT: • 7/?5---/? / Kimberly gip,ower, Records Clerk Jeb '. Branham, Special Magistrate Executed this 21St day of January 2021. PLEASE NOTE:Florida Statutes § 162.11 requires that any appeal of this order must be filed in the circuit court for Duval County within 30 days of this order's execution. 7019 2970 0000 9865 5022 m vm g act p 00 (7 C 3 m 5 55g' & a RI u) D O C D ]7 t z— a y 3 T go.o1 . Q o Tib 2 N a3 Eqngig 9 v ° pcn co' N OG) N H N a < D \_ , g po ,� 'nf8 O ��19/III/I7'1iir.II , 1""'..1% 11 r: l I NVILLE FL 320 > City of Atlantic Beach �� �� �� NEOPOST 800 Seminole Road 2021 PM1 L 01/21/2021 ;RST- pass MAIL Mil, Atlantic Beach,Florida 32233 US POSTAGE$006.90 ii 7019 2970 0000 9865 5022 ZIP 32233 klialr041M11299654 Property AddresS. NIXIE 322 FE J. 6001/31./ 21. Tustin A. McGurrin 50 Simmons Road ``.' '" r0 s',“40FF NOT DELIVERABLE AS ADARPscizn i Atlantic Beach, FL 32233 O r:,gat4 Tw FORWARD I 1if'!x act 322335465.99 *143>3-62533-22 -00 f 3• Y'1- r !t I1110,11,tHt„hill !Il.li!!!k1I.#. t. .1l..! dt. t ,1,1 1 t 1 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 • Attach 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 Jus it 4 . McGGtro r> I I I I III 111111 I I ISI I I III III I 11111 I I 3. Service Type 0 Prior'ty reii Express® , O Adult Signature ❑RegisteredMailTm 0 Adult Signature Restricted Delivery 0 Registered Mail Restricted 0 Certified Mail® Delivery 9590 9402 5728 0003 9239 19 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number ransfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmationrm sured Mail 0 Signature Confirmation 7019 297 0000 9865 5022 sured Mail Restricted Delivery Restricted Delivery ver$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ' '` JACKSONVILLE FL 320 , City of Atlantic Beach NEOPOST FIRST-CLASS MAIL r r> 800 Seminole Road 21 JAN 2021 PM 4 L 01/21/2021 Q ti Atlantic Beach, Florida 32233 US POSTAGE$000.50° i r r s' ZIP 32233 RECEIVED t 041M11299654 FEB 1 2021 vs. Property t Itit1'al 322 FE i 0001./ 22SI21 I Justin A. McGurrin R E T J R N TO SENDER I 50 Simmons Road NOT DELIVERABLE AS ADDRESSED FORD I Atlantic Beach, FL 32233 A L c To °AR tt 3C: 32233546199 * 1.738-03308-21-39 33• S ..A.. {ItIIlId,II'IIIialll'iillii11II1IIIIIIIIIIIIiililli liiiiiiiIII