CE 70 W 10th Street Case #19-254TO P WORK3,0v.
i&-t)
CITY OF ATLANTIC BEACH
BUILDING AND ZONING DEPARTMENT (904) 247-5826
NOTICE
This building has been inspected and work regarding:
General Construction 1 Mechanical
Concrete and Masonry I Electrical
Plumbing A Gas Piping
IS NOT ACCEPTED AND MUST CEASE
CORRECT AS NOTED BELOW, BEFORE ANY FURTHER WORK:
Sh-'c/ he) ns Y O 910P-
4.)
100
4.)
ADDRESS: l t h c/'
i
4, I17:
Please contact our department regarding this notice within 10 days. If you do
not, this violation being forwarded to the CODE ENFORCEMENT DEPARTMENT.
The posting of this placard by its contents shall serve as due notice.
DO NOT REMOVE THIS NOTICE
Inspector: 47\ Date: / )-- ,3-6, ---/ (/
WARHURST MATTHEW ANDREW II , Primary Site Address Official Record Book/Page Tile#
70 10TH ST W 70 W 10TH ST 16918-01543 9417
ATLANTIC BEACH, FL 32233 Atlantic Beach FL 32233-
70 W 10TH ST
Property Detail Value Summary
RE# 170812-0070 Value Description 2019 Certified 2020 In Pr.•ress
Tax District USD3 Value Method CAMA CAMA
Property Use 0100 Single Family
Total Building Value $122,317.00 121,047.00
of Buildings 1 Extra Feature Value $0.00 0.00
For full legal description see
Land Value(Market) $23,294.00 25,745.00
Legal Desc.
Land&Legal section below Land Value(Agric.) $0.00 0.00
Subdivision 03119 ATLANTIC BEACH SEC H Just(Market)Value $145,611.00 146,792.00
Total Area 2788 Assessed Value $117,133.00 117,133.00
The sale of this property may result in higher property taxes.For more information go to Save Cap Diff/Portability Amt $28,478.00/$0.00 $29,659.00/$0.00
Our Homes and our Property Tax Estimator.'In Progress'property values,exemptions and Exemptions $50,000.00 See below
other supporting information on this page are part of the working tax roll and are subject to
Taxable Value $67,133.00 See belowchange.Certified values listed in the Value Summary are those certified in October,but may
include any official changes made after certification Learn how the Property Appraiser's Office
values property,
Taxable Values and Exemptions—In Progress
If there are no exemptions applicable to a taxing authority,the Taxable Value is the same as the Assessed Value listed above in the Value Summary box.
County/Municipal Taxable Value SJRWMD/FIND Taxable Value School Taxable Value
Assessed Value 117,133.00 Assessed Value 117,133.00 Assessed Value 117,133.00
Homestead(HX)25,000.00 Homestead(HX)25,000.00 Homestead(HX) 25,000.00
Homestead Banding 196.031(1)(b)(HB) -$25,000.00 Homestead Banding 196.031(1)(b)(HB) -$25,000.00
Taxable Value 92,133.00
Taxable Value 67,133.00 Taxable Value 67,133.00
4,
Sales History J
Book/Page I Sale Date I Sale Price I Deed Instrument Type Code I Qualified/Unqualified I Vacant/Improved
116918-01543 19/16/2014 I$114,900.00 I SW-Special Warranty I Unqualified I Improved
4.
Extra Features
No data found for this section
4.
Land&Legal -
Land Legal
I LN I Code I Use Description I Zoning I Front I Depth I Category I Land Units I Land Type I Land Value I I LN I Legal Description
11 10101 I RES MD 8-19 UNITS PER ACI ARG 127.55 1102.00 I Common 127.55 I Front Footage I$25,745.00 I 1 18-34 38-2S-29E.065
2 ATLANTIC BEACH SEC H
3 E 27.55FT OF W 32.6FT OF
4 LOT 3 BLK 66
4-
Buildings
Building 1
Building 1 Site Address I Element I Code I Detail70W10THSTUnit
Atlantic Beach FL 32233- Exterior Wall 8 8 Horizontal Lap
Roof Struct 3 3 Gable or Hip
Building Type 0105-TOWNHOUSE Roofing Cover 3 3 Asph/Comp Shng
Year Built 2014 Interior Wall 5 5 Drywall
Building Value 121,047.00 Int Flooring 14 14 Carpet
Int Flooring 8 8 Sheet Vinyl
f
yP e
Gross Heated Effective Heating Fuel 4 4 Electric
T.
Area Area Area
Heating Type 4 4 Forced-Dulled I-1
Finished upper 640 640 608 Air Cond 3 3 Central
story 1
Base Area 640 640 640
Finished Open
Element I Code I Detail
Porch
50 0 15 Baths 2.000
Total 1330 1280 1263 Bedrooms 3.000
Stories 2.000
Rooms/Units 1.000
2019 Notice of Proposed Property Taxes Notice(TRIM Notice).
Taxing District Assessed Value 1 Exemptions I Taxable Value I Last Year I Proposed I Rolled-back I
Gen Govt Beaches I$117,133.00 I$50,000.00 I$67,133.00 I$529.41 I$547.21 I$518.37
I I I I I I I
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i lcl CITY OF ATLANTIC BEACH
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st'\ 800 SEMINOLE ROAD
ATLANTIC BEACH,FL 32233
r r
PHONE (904) 247-5800
Us21:> " CERTIFIED MAIL RETURN RECEIPT REQUESTED
7013 1710 0002 1691 0544
12/13/2019
WARHURST MATTHEW ANDREW II
70 10TH ST W
ATLANTIC BEACH,FL 32233
Real Estate Number: 170812 0070 Case Number: 19-254
Location of Violation: 70 W 10TH ST, 18-34 38-2S-29E .065,ATLANTIC BEACH SEC H,E 27.55FT OF W
32.6FT OF,LOT 3 BLK 66 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 70 W 10TH ST was conducted on 12/13/2019. 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: Improvements have been made in the back yard of the property without obtaining
a City of Atlantic Beach permit. These improvements include pavers and a metal building.
VIOLATION CODE: FBC Section 105 Permit 105.1 Required.Any owner or authorized agent who intends to
construct,enlarge,alter,repair,remove, demolish,or change the occupancy of a building or structure,or to erect,
install,enlarge, alter, repair,remove,convert or replace any required impact resistant coverings,electrical,gas,
mechanical or plumbing system,the installation of which is regulated by this code,or to cause any such work to
be done,shall first make application to the Building Official and obtain the required permit.
This letter requests that the noted violation(s) be corrected by submitting an application to the city for all
unpermitted imrovements that have been added to the rear yard within ten (10) days of the receipt of this
notice.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in
this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty
dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and
arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-
5855 if you have any questions or need additional information.
I, `2) hereby swear and affirm that the above statement is true and
accurate.
ely,
N(NiC:1. 11-Angela Irizarry
CODE ENFORCEMENT
ENDER: 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
Agent
so that we can return the card to you.
h,^
0 Addressee
rtonh thisf cardnt to the back
it
the mailpiece,B. Received b (Printed N' ^C. t o of/Deliver)
or on the front if space permits. Y7 4d-
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1. Article Addressed to: D. Is delivery address different from item 1? e
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If YES,enter delivery address below: No
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WQrhk..irS-4---
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II III 1111 I 11111111 I 111 111111
3. Service Type
0 Adult Signature
0 Priority Mail Express
Registered MaiIT
Adult Signature Restricted Delivery 0 Registered Mail Restrict(
9590 9402 3831 8032 5665 19 0
Certified Mair ReturnCertifiedMailRestrictedDelivery Return Receipt for
Collect on Delivery Merchandise
2. Article Number(Transfer from service label) Collect on Delivery Restricted Delivery 0 Signature Confirmation•'
nil 0 Signature Confirmation
7 013 1710 0002 16 91 0544 nil Restricted Delivery Restricted Delivery
S Form 3811.July 2015 PSN 7530-02-000-9053 Domestic Return Recei ,
Permit Reviewsff
x
City of Atlantic Beach
Permit Number: ACC19-0093 Description:SHED
Applied: 12/27/2019 Approved: Site Address:70 W 10TH ST
Issued: Finaled: City,State Zip Code:Atlantic Beach,Fl 32233
Status: RECEIVED Applicant:<NONE>
Parent Permit: Owner:WARHURST MATTHEW ANDREW II
Parent Project: Contractor:<NONE>
Details:
OWNER BUILDER
LIST OF REVIEWS
SENT DATE
RETURNED
DUE DATE TYPE CONTACT STATUS REMARKS
DATE
Review Group:AUTO
12/27/2019 12/27/2019
SUBMITTAL
Permit Tech APPROVED
COMPLETENESS
Notes:
12/27/2019 12/30/2019 1/13/2020 ZONING Zoning DENIED
Notes:
Setbacks:Storage and tool sheds must be at least 5 feet from rear and side property lines.Please revise accordingly.
Size:Storage and tool sheds are limited to 150 square feet in size.
12/27/2019 12/27/2019 1/13/2020 BUILDING Building APPROVED
Notes:
I expect Plan.and Zon.to deny because of set backs.
12/27/2019 12/31/2019 1/13/2020 PUBLIC WORKS Public Works DENIED Reviewed 12/30/19
Notes:
Section 24-66(b)of the Land Development Regulations requires on-site storage for increased run-off if adding 250 SF or more impervious surface.
Provide Delta volume calculations and on-site retention required per Section 24-66(b).
Provide a detailed plan of water retention area and how water runoff gets to water retention areas and then to street.
Documentation shows impervious areas are over the 45%allowed by City code.
12/27/2019 1/6/2020 1/13/2020 PUBLIC UTILITIES Public Utilities
NOT APPLICABLE
TO DEPARTMENT
Notes:
Printed: Monday,06 January, 2020 1 of 1 r
s)--An-f,,, CITY OF ATLANTIC BEACHj'
iii;
Ili 800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
PHONE (904)247-5800
4-
1-0,1119 CERTIFIED MAIL RETURN RECEIPT REQUESTED
7018 2290 0001 0116 8459
2/10/2020
WARHURST MATTHEW ANDREW II SENT CERTIFIED AND USPS MAIL
70 10TH ST W
ATLANTIC BEACH, FL 32233
Real Estate Number: 170812 0070 Case Number: 19-254
Location of Violation: 70 W 10TH ST, 18-34 38-2S-29E .065,ATLANTIC BEACH SEC H, E 27.55FT OF W
32.6FT OF, LOT 3 BLK 66 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 70 W 10TH ST was conducted on 12/13/2019. The City of Atlantic Beach
Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances:
VIOLATION CODE: FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to
construct, enlarge,alter,repair,remove, demolish, or change the occupancy of a building or structure,or to erect,
install,enlarge,alter, repair, remove, convert or replace any required impact resistant coverings, electrical, gas,
mechanical or plumbing system,the installation of which is regulated by this code,or to cause any such work to
be done,shall first make application to the Building Official and obtain the required permit.
NATURE OF VIOLATION: Improvements have been made in the back yard of the property without obtaining
a City of Atlantic Beach permit. These improvements include pavers and a metal building. On Dec. 27, 2019 a
permit application was received but was subsequently denied.
This letter requests that the noted violation(s) be corrected by resubmitting a permit application that meets
stipulations listed in the denial or removing all unpermitted work within ten (10) days of the receipt of this
notice.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in
this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty
dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and
arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-
5855 if you have any questions or need additional information.
I, fcjic . _ ?_\- nZ1cr- i , hereby swear and affirm that the above statement is true and
accurate.
Sinc rely,
ngela Iri
CODE ENFORCEMENT
U. , • r -
CERTIFIED MAIL° RECEIPT
4 Domestic Mail Only
For delivery information,visit our website at www.usps.com'.
n kk b 'k L
1 Certified Mail Fee
Extra Services&Fees(check box,add fee as appropriate)
0 Return Receipt(hardcopy) $ _
kitaReturnReceipt(electronic) $ a
Certified Mail Restricted Delivery $
0 Adult Signature Required $
0 Adult Signature Restricted Delivery$
M Postage
r
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l l Total Postage and Fees
SentTof 1TaftW.{ 3
1
street a Apt.No.,or PO Pox No.
City,$tate,Z115+40
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ko.i.
s A!City of Atlantic Beach I 1111 ;111 I II jEOPOST FIRST-CLASS MAIL
1 ti 800 Seminole Road 2/11/2020
S POSTAGE$006.90'0
Atlantic Beach, Florida 32233
701,8 2290 0001 0116 8459 _:
Ir• ZIP 32233
t " zi • 041M11299654
J
I
WARHURST MATTHEW ANDREW II C b\
7010THSTW
N7Y 322 DE 1 00. 3/04/20 I
ATLANTIC BEACH, FL 32233 RETURN TO SENDER
UNCLAIMED
UNACLE TO FORWARD
12ea1Estate Number: 1708120070 Case Ng be 8C: 32233546199 x.638-08356-21-4 .
33. 3 X0,4:61 lOiliiltiii!itillilliiliiliiiil,tliii„lsliiit+iliilipifi,iilii i
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5LAN f,„ CODE ENFORCEMENT
41*1
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
a.
O; 19
4/10/2020 Case Number: 19-254
WARHURST MATTHEW ANDREW II Certified Mail Return Receipt:
70 10TH ST W 7013 1710 0002 1691 3880
ATLANTIC BEACH, FL 32233
Property Address: 70 W 10TH ST
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement
Special Magistrate on 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 70 W 10TH ST, RE#170812 0070, 18-34 38-2S-29E .065, ATLANTIC BEACH SEC H, E 27.55FT
OF W 32.6FT OF, LOT 3 BLK 66. 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
FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct,
enlarge, alter, repair, remove, demolish, or change the occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert or replace any required impact resistant coverings,
electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to
cause any such work to be done, shall first make application to the Building Official and obtain the
required permit.
STATEMENT OF CODE ENFORCEMENT OFFICER: On 4/10/2020 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 70 W 10TH ST. During the
inspection, the undersigned Code Enforcement Officer observed that the property was in violation of the
section listed above in the City of Atlantic Beach Code of Ordinances. The nature of the violation
included: Improvements have been made in the back yard of the property without obtaining a City of
Atlantic Beach permit. These improvements include pavers and a metal building. On Dec. 27, 2019 a
permit application was received but was subsequently denied. As of April 10, 2020 no revised permit
application has been received and we have not been notified that the accessory structure was removed..
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, c"\ ! vilf "4 hereby swear and affirm that the above statement
is true and •ccurate.
BiY\
Angela Irizarry,
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
I ,
Lori Diaz, Deputy City Clerk 4111
U.S. Postal Service TM
CERTIFIED MAILTM RECEIPT
2 (Domestic Mail Only;No Insurance Coverage Provided)
c0 For delivery Information visit our website at www.usps.coma
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Postage $
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Certified Fee
ru Postmark
D Return Receipt Fee Here
O (Endorsement Required)
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City,State, 1P+ I g\X3
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1111 74ill!MI•1111 FI
City of Atlantic Beach NEOPOST FIRST-CLASS MAIL
Seminole Road 04/10/2020(1 0
Atlantic Beach,Florida 32233 US POSTAGE$006.902Q
RECEIVED 72],3 1710 0002 1691 3880
041M11299654
MAY 1 2 2020
0
WARHURST MATTHEW ANDREW II Ci NI XI E 22 DE 1 2005/11/22
7010THSTW 70 RE`iuR i TO sc.i uEii
ATLANTIC BEACH, FL 32233 NO SUCH *ti:r y R
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sL
t. CITY OF ATLANTIC BEACH
7..
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
J r
PHONE (904)247-5800
01119 CERTIFIED MAIL RETURN RECEIPT REQUESTED
7018 2290 0001 0116 8640
5/6/2020
WARHURST MATTHEW ANDREW II SENT VIA USPS REGULAR MAIL
70 10TH ST W AND CERTIFIED MAIL
ATLANTIC BEACH, FL 32233
Real Estate Number: 170812 0070 Case Number: 19-254
Location of Violation: 70 W 10TH ST, 18-34 38-2S-29E .065, ATLANTIC BEACH SEC H, E
27.55FT OF W 32.6FT OF, LOT 3 BLK 66 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 70 W 10TH ST was conducted on 12/13/2019. The City of Atlantic
Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code
of Ordinances:
VIOLATION CODE: FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who
intends to construct, enlarge, alter, repair, remove, demolish, or change the occupancy of a building or
structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact
resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated
by this code, or to cause any such work to be done, shall first make application to the Building Official
and obtain the required permit.
NATURE OF VIOLATION: Improvements have been made in the back yard of the property without
obtaining a City of Atlantic Beach permit. These improvements include pavers and a metal building. On
Dec. 27, 2019 a permit application was received but was subsequently denied. As of today no revised
permit application has been received and we have not been notified that the accessory structure was
removed.
This letter requests that the noted violation(s) be corrected by resubmitting a permit application
that meets stipulations listed in the denial or removing all unpermitted work within ten (10) days
of the receipt of this notice. If the unpermitted work has been removed, please contact this office
for a follow up inspection to confirm removal.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date will
result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two
hundred fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility
to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code
Enforcement at(904) 247-5855 if you have any questions or need additional information.
i, \c p 2 —TVA 2Q , hereby swear and affirm that the above statement is true
and accurate.
erely,
Angela Irizt
CODE EN •RCEMENT
L—vt-
if CITY OF ATLANTIC BEACH
Ise 800 SEMINOLE ROAD
7._
1 ATLANTIC BEACH, FL 32233
p Z
PHONE (904) 247-5800
4'..:4-01319','
NOH POSTING AFFIDAVIT AND
PROOF OF MAILING REGULAR MAIL
Case Number: 19-254
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: Jo a- 0
Location: 70 W 10TH ST,Atlantic Beach, Florida
2) Date Posted: k.k, . -03
Location: ATLANTIC BEACH CITY HALL
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
Angela Irizarry, Code Enforcement
County of Duval
State of Florida
The foregoing Affidavit was acknowledged before me this I / day of
20 2,0, by Angela Irizarry,who is personally known to me as Code Enforc ment or the City of
Atlantic Beach.
Person taking acknowledgement:
Notary Stamp/Seal) azz;
Notary Public, State of Flor'
0,0,,,••••••%.,,,
evr
LowDAz i
MY 1
s : November 13,2022
6ondsdTMu • Put&Underidlers J
0 -1.17,1 CODE ENFORCEMENT
CITY OF ATLANTIC BEACH, FLORIDA
X
NOTICE OF HEARING
5/11/2020 Case Number: 19-254
WARHURST MATTHEW ANDREW II POSTED ON PROPERTY AND
70 10TH ST W ATLANTIC BEACH CITY HALL
ATLANTIC BEACH, FL 32233
Property Address: 70 W 10TH ST
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement
Special Magistrate on 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 70 W 10TH ST, RE#170812 0070, 18-34 38-2S-29E .065, ATLANTIC BEACH SEC H, E 27.55FT
OF W 32.6FT OF, LOT 3 BLK 66. 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
FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct,
enlarge, alter, repair, remove, demolish, or change the occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert or replace any required impact resistant coverings,
electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to
cause any such work to be done, shall first make application to the Building Official and obtain the
required permit.
STATEMENT OF CODE ENFORCEMENT OFFICER: On 4/10/2020 the undersigned Code
Enforcement Officer conducted an inspection of the records for 70 W 10TH ST. During the inspection,
the undersigned Code Enforcement Officer observed that the property was in violation of the section
listed above in the City of Atlantic Beach Code of Ordinances. The nature of the violation included:
Improvements have been made in the back yard of the property without obtaining a City of Atlantic
Beach permit. These improvements include pavers and a metal building. On Dec. 27, 2019 a permit
application was received but was subsequently denied. As of today no revised permit application has
been received and we have not been notified that the accessory structure was removed..
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, 1-- e\a 6 PP- -1ms
hereby swear and affirm that the above statement
0is an cur.
Angela Iriz.1114 ,
Code Enforcement Officer, Ci . Atlantic :each
ATTEST:
Kim Flower, Records Clerk
J101,Jv ric, CODE ENFORCEMENT
J CITY OF ATLANTIC BEACH, FLORIDA
s�
mNOTICE OF HEARING
—On )r
5/22/2020 Case Number: 19-254
WARHURST MATTHEW ANDREW II Certified Mail Return Receipt:
70 10TH ST W 7019 2970 0000 9864 6662
ATLANTIC BEACH, FL 32233
Property Address: 70 W 10TH ST
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement
Special Magistrate on July 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 70
W 10TH ST, RE#170812 0070, 18-34 38-2S-29E .065, ATLANTIC BEACH SEC H, E 27.55FT OF W
32.6FT OF, LOT 3 BLK 66. 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
FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct,
enlarge, alter, repair, remove, demolish, or change the occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert or replace any required impact resistant coverings,
electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to
cause any such work to be done, shall first make application to the Building Official and obtain the
required permit.
STATEMENT OF CODE ENFORCEMENT OFFICER: Improvements have been made in the back
yard of the property without obtaining a City of Atlantic Beach permit. These improvements included
pavers and a metal building. The metal building was removed and an application was submitted to the
City of Atlantic Beach on 5/20/20 for the pavers. The case was heard at the May 21, 2020 meeting and
was deferred until the July 2nd meeting to allow the City time to review the application.
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, / I 11° / Cl , hereby swear and affirm that the above statement is
true and acc l ate.
1C3J1(\
Angela Iriz , 4
Code Enforcement Officer, City Oantic Beach
ATTEST:
4=KAT
Kimberly Flower, Records Clerk
U.S. Postal Service.""
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PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
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 6709
vs.
Property Address: 70 10th Street W
Atlantic Beach, FL 32233
Matthew Andrew Warhurst II
70 10th Street W
Atlantic Beach, FL 32233
Respondent.
CASE NUMBER: 19-254
REAL ESTATE NUMBER: 170812 0070
LEGAL DESCRIPTION: 18-34 38-2S-29E, 065, ATLANTIC BEACH SEC H, E 27.55FT OF W
32.6FT OF, LOT 3 BLK 66 ATLANTIC BEACH, FLORIDA
ORDER ON CASE No. 19-254
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 70 W 10th Street, Atlantic Beach, Florida.
2. Notice of the hearing was sent by Certified Mail.
3. Respondent did not appear at the hearing.
4. Respondent was cited for an having an unpermitted metal building and unpermitted pavers
on his property.
5. Respondent cured the violation regarding the building by removing it prior to the hearing.
6. Respondent has applied for a permit for the pavers. The permit was in review at the time of
the hearing.
7. Petitioner recommended a deferral of the matter until the code enforcement hearings
scheduled for July 2, 2020.
CONCLUSIONS OF LAW
8. 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 July 2, 2020 at 2:00 p.m.
DONE AND ORDERED THIS 12 DAY OF JUNE, 2020.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORC .NT SPECIAL MAGISTRATE
ATTEST:
Adir.rye
KimberlyFlog, Records Clerk Je. Branham, Special Magistrate
P g
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.
U.S. Postal Service'
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NOTICE OF HEARING
5/22/2020 Case Number: 19-254
WARHURST MATTHEW ANDREW II Certified Mail Return Receipt:
70 10TH ST W 7019 2970 0000 9864 6662
ATLANTIC BEACH, FL 32233
Property Address: 70 W 10TH ST
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement
Special Magistrate on July 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 70
W 10TH ST, RE#170812 0070, 18-34 38-2S-29E .065, ATLANTIC BEACH SEC H, E 27.55FT OF W
32.6FT OF, LOT 3 BLK 66. 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
FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct,
enlarge, alter, repair, remove, demolish, or change the occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert or replace any required impact resistant coverings,
electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to
cause any such work to be done, shall first make application to the Building Official and obtain the
required permit.
STATEMENT OF CODE ENFORCEMENT OFFICER: Improvements have been made in the back
yard of the property without obtaining a City of Atlantic Beach permit. These improvements included
pavers and a metal building. The metal building was removed and an application was submitted to the
City of Atlantic Beach on 5/20/20 for the pavers. The case was heard at the May 21, 2020 meeting and
was deferred until the July 2nd meeting to allow the City time to review the application.
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
rr
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.
, hereby swear and affirm that the above statement is
true and a c ate.
GAA. 11,
Angela Iriz. Ii , ,
Code Enforcement Officer, City.antic. antic Beach
ATTEST:
_Fizkry,
' 4
Kimberly Flower, Records Clerk
U.S. Postal Service'
CERTIFIED MAIL° RECEIPT
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WARHURST MATTHEW ANDREW II NIXIE 322 DE 1 0006/27 /20 1
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Irizarry,Angela
From: Irizarry,Angela
Sent: Tuesday,June 23, 2020 4:08 PM
To: 'warhurstandy@gmail.com'
Subject: FW: paver permit application, attn:Angela
Matthew,
Did you every send in the additional information that the building department was looking for? It looks like your
application is still hanging out there and I will have to give a follow up report at the 7/2/2020 Special magistrate hearing.
From:Giles, Christian On Behalf Of Building, Dept
Sent: Friday,June 12, 2020 2:01 PM
To: Irizarry,Angela<alrizarry@coab.us>
Cc:Johnston,Jennifer<jjohnston@coab.us>; Gindlesperger,Toni<tgin@coab.us>
Subject: FW: paver permit application, attn:Angela
This is the last correspondence with the homeowner—he never resent the application with the correct information
(legal description/RE#) or the Owner Builder Affidavit/Contractor information—therefore it was never entered.
Thank You,
Cwrl&t t4/1/ 11e4'
Receptionist—Building Dept.
City of Atlantic Beach
904-247-5800
CGILES@COAB.US
From: Matthew Warhurst (mailto:warhurstandy@gmail.comj
Sent: Monday, May 25, 2020 6:34 PM
To: Building, Dept<Building-Dept@coab.us>
Subject: Re: paver permit application, attn:Angela
Will do, thank you.
Tommorow would be better if that's alright.
On Wed, May 20, 2020, 4:20 PM Building, Dept<Building-Dept@coab.us>wrote:
May you please resend the application with all the grey lines filled out including Legal Description and RE#at the top?
This can be found on the Property Appraiser's website.
Also, are you doing the work yourself? If so, please include an Owner Builder Affidavit(can be found at the city's
website, coab.us)
If not, please have contractor fill in the rest.
1
Thank You,
Chri to/14/Gid
Receptionist—Building Dept.
City of Atlantic Beach
904-247-5800
CGILES@COAB.US
From: Matthew Warhurst [mailto:warhurstandy@gmail.coml
Sent: Wednesday, May 20, 2020 3:17 PM
To: Building, Dept<Building-Dept@coab.us>
Subject: paver permit application,attn:Angela
Hi Angela! Matthew Warhurst here from 70 w 10th St, Atlantic Beach, FL 32233.
I couldnt find my original survey, but Christian from the permit office sent me a copy of my neighbors that
shows mine also. Attached are the permit application and a rough picture of the location of the pavers. If I
remember correctly there is a little less than 500 square feet of permeable pavers.
Thanks for your help, and I will see you in the morning.
2
- ;. Permit Reviews
City of Atlantic Beach
Permit Number: ACC20-0036 Description: PAVER WALKWAY AND PATIO
Applied:7/2/2020 Approved: Site Address:70 W 10TH ST
Issued: Finaled: City,State Zip Code:Atlantic Beach, Fl 32233
Status:AWAITING REVISION Applicant:<NONE>
Parent Permit: Owner:WARHURST MATTHEW ANDREW II
Parent Project: Contractor: <NONE>
Details:
OWNER BUILDER
STOP WORK ORDER-BUT NONE IN TRACKIT
LIST OF REVIEWS
SENT DATE RETURNED DUE DATE TYPE CONTACT STATUS REMARKS
DATE
Review Group:AUTO
7/2/2020 7/2/2020 SUBMITTAL Permit Tech APPROVED
COMPLETENESS
Notes:
2 ATTACHMENTS
NO OWNER BUILDER AFFIDAVID
STOP WORK ORDER? WHO PUT I ON?
application not notarized
7/2/2020 7/15/2020 7/13/2020 ZONING Zoning DENIED
Notes:
See Public Works comments
7/2/2020 7/10/2020 7/13/2020 BUILDING Building DENIED
Notes:
Correction Comments:
1.The building permit application is incomplete.Resubmit with the LEGAL DESCRIPTION AND RE#spaces filled out on the application.
2.Link to the correction/revision form:http://coab.us/DocumentCenter/View/10495/Revision-Request-Correction-to-Comments-Route-Sheet-
v20181017?bidld=
3.Email address to send resubmittals and correction/revision forms:Building-Dept@coab.us
7/2/2020 7/14/2020 7/13/2020 PUBLIC WORKS Public Works DENIED
Notes:
Section 24-66(b)of the Land Development Regulations requires on-site storage for increased run-off if adding 250 SF or more impervious surface.
Provide Delta volume calculations and on-site retention required per Section 24-66(b).
Provide a detailed plan of water retention area and how water runoff gets to water retention areas and then to street.
Documentation shows impervious areas are over the 45%allowed by City code.
Printed:Thursday,27 August, 2020 1 of 2
it A
P7 .1'.
Permit Reviews
_.j. ro."
r City of Atlantic Beach
7/2/2020 7/22/2020 7/13/2020 PUBLIC UTILITIES Public Utilities NOT APPLICABLE
TO DEPARTMENT
Notes:
Printed:Thursday,27 August,2020 2 of 2 Oi-
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 6808
vs.
Property Address: 70 10th Street W
Atlantic Beach, FL 32233
Matthew Andrew Warhurst II
70 10th Street W
Atlantic Beach, FL 32233
Respondent.
CASE NUMBER: 19-254
REAL ESTATE NUMBER: 170812 0070
LEGAL DESCRIPTION: 18-34 38-2S-29E, 065,ATLANTIC BEACH SEC H,E 27.55FT OF W
32.6FT OF,LOT 3 BLK 66 ATLANTIC BEACH, FLORIDA
ORDER ON CASE No. 19-254
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 70 W 10th Street, Atlantic Beach, Florida.
2. Notice of the hearing was sent by Certified Mail.
3. Respondent appeared at the hearing.
4. Respondent was previously cited for an having an unpermitted metal building and
unpermitted pavers on his property.
5. Respondent cured the violation regarding the building by removing it and applying for a
permit for the pavers prior to the code enforcement hearing held on May 21, 20200.
6. Action on the violation was deferred until the code enforcement hearings scheduled for July
2, 2020.
7. Respondent completed his application for the pavers on the morning of July 2, 2020, but
review of the application was still ongoing at the time of the hearing.
CONCLUSIONS OF LAW
8. 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 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:
�.,t. /��Ado
�lG�
Kimberly NV. Flower, Records Clerk Je. . ranham, Special Magistrate
Executed this 22 day of July, 2020.
PLEASE NOTE: Florida Statutes § 162.11 requires appeals of this order to be filed in circuit court
within 30 days of this order's execution.
U.S. Postal Service'
CERTIFIED MAIL° RECEIPT
co Domestic Mail Only
c1:1 For delivery information,visit our website at www.usps com"•
Certified Mail Fee
0- Extra Services&Fees(check box,add tee as appropriate)
0 Return Receipt(hardcopy) $ Postmark
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PS Form 3800,April 2015 PSN 7530-02-000.9047 See Reverse for Instructions
2
1--r'el CODE ENFORCEMENT
el Afr sJ CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
OE !P
7/23/2020 Case Number: 19-254
WARHURST MATTHEW ANDREW II Certified Mail Return Receipt:
70 10TH ST W 7019 2970 0000 9864 6792
ATLANTIC BEACH, FL 32233
Property Address: 70 W 10TH ST
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement
Special Magistrate on 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 70 W 10TH ST, RE#170812 0070, 18-34 38-2S-29E .065, ATLANTIC BEACH
SEC H, E 27.55FT OF W 32.6FT OF, LOT 3 BLK 66. 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
FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct,
enlarge, alter, repair, remove, demolish, or change the occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert or replace any required impact resistant coverings,
electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to
cause any such work to be done, shall first make application to the Building Official and obtain the
required permit.
STATEMENT OF CODE ENFORCEMENT OFFICER: On 7/22/2020 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 70 W 10TH ST. During the
inspection,the undersigned Code Enforcement Officer observed that the property was in violation of the
section listed above in the City of Atlantic Beach Code of Ordinances. The nature of the violation
included: Improvements have been made in the back yard of the property without obtaining a City of
Atlantic Beach permit. These improvements included pavers and a metal building. The metal building
was removed and an application was submitted to the City of Atlantic Beach on 5/20/20 for the pavers.
The case was deferred until the September 3rd meeting to allow the City time to review the application..
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.
Angela Irizarry,
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
MwtRi
Kimberly M. Flower, Records Clerk
CERTIFIED
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delivery.USPS®-postmarked Certified Mail receipt to the
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nportant Reminders: Adult signature service,which requires the
You may purchase Certified Mail service with signee to be at least 21 years of age(not
First-Class Mail®,First-Class Package Service®, available at retail).
or Priority Mail®service. Adult signature restricted delivery service,which
Certified Mail service is not available for requires the signee to be at least 21 years of am
international mail. and provides delivery to the addressee specified
Insurance coverage is not available for purchase by name,or to the addressee's authorized agent
with Certified Mail service.However,the purchase (riot available at retail).
of Certified Mail service does not change the •To ensure that your Certified Mail receipt is
insurance coverage automatically included with accepted as legal proof of mailing,it should bear a
certain Priority Mail items. USPS postmark.If you would like a postmark on
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endorsement on the mailpiece,you may request Certified Mail item at a Post Office-for
the following services: postmarking.If you don't need a postmark on this
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of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply
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electronic version.For a hardcopy return receipt,
complete PS Form 3811,Domestic Return
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x e.....,'iAOO e...a'nig Mesues es)ocu 7R&flC nnn-one?
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,, sA 800 SEMINOLE ROAD
— 0 ATLANTIC BEACH, FL 32233
PHONE (904) 247-5800
NOH POSTING AFFIDAVIT AND
PROOF OF MAILING REGULAR MAIL
Case Number: 19-254
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: 4-\. ' apOkp
Location: 70 W 10TH ST,Atlantic Beach, Florida
¢ 00
(2) Date Posted: C� 90
Location: ATLANTIC BEACH CITY HALL
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
111
, . oar 0
Ange a r'/arty�de Enforceme
* -7?5--
County of Duval
State of Florida
The foregoing Affidavit was acknowledged before me this 2/s/day of 47, 4,u 5/
20 24), by Angela Irizarry,who is personally known to me as Code Enforcement for the City of
Atlantic Beach.
c
Person taking acknowledgement:
(Notary Stamp/Seal) e,-2-4Notary ublic, State of Florid
LORI DIAZ 1
• MY COMMON OGG276336 I
x• 1
Noven*er 13.2022
r CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING POSTED ON PROPERTY AND
B OP ATLANTI CH
ITY
HALL
71r23/2020 Case Number: 19-254
DATE: I
WARHuRST MATTHEW ANDREW B 7019 2970 altRMI46Rels :
70 LOTH ST W
792
ATLANTIC BEACH, FL 32233
Property Address: 70 W 10TH ST
ATLANTIC BEACH, FL
Dear Respondent:
You we 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 m Atlantic Beach City Hall, Commission
Chamber,800 Seminole Road, to amwer and be heard on the following alleged Violations en the
property known es 70 W 10TH ST. RE4170912 0070, 18-34 38.2S -29E .065, ATLANTIC BEACH
he
he City of Atlantic
SEC H, E 2755FT OMein seances Code and the Florida Building Code 0few of theCityOf Atlantic
International Property m Chapter 6, Article Ii, Section 6-16.
Beach Code of Ordinances
Internationa'
I Pro a MndntenanccCode /CI Code ofONioaoea
agent
FBC Section 105 Permit 105.118 dub,ed than a hoerOccupancyorized building structure, ortoserectt,
enlarge, alter, reP3r, remove, convertorreplace my ra'luircd impacA rcsismnt mvmngs,
intsmll, enlarge, alter, cal Or, remove, to
electrical. gas, mechanical or plumbing rylm m the application of which i regulated by dais code, orhe
cause any such work to be done, stall fins make application to the Building Official and obtain the
required permit
STATEMENT OF CODE ENFORCEMENT OFFICER: On 1222020 the undemigned Code
Enforcement'TEMET Icar conducted an imPeAime of the Pearmses located a 70 W LOTH ST. During the
in the undersigned Code Enforcement Officer observed that the property was in violation of the
section luted ablafion
ove in the City of Atlantic Beach CaI� of the e of Ordinances,
propertyerTw Woul obtaining a e =lure of the tCity of
included: tedImpAs memo have been made in the back y
Atlantic Beach Pemtit. These improvements included pavers and a metal building. Thethe meal building
was removed end an application was submitted
3� meeting lotallow the City Uy of Atlantic eme to review
thon 5120f2f e application
The case was deferred until the Septan
rgrectcd and then recurs or if the violation was act sweated by the time er
fied toy
if the violation is ase trey
correction by the Code Enforcement Officer in the Nom es even if the violation hbeen Prior
be presented to the Calc Enforcement Special Magi
to the hearing.
You have the right on obtain an ntmmey 41 your Own crpasc and to pasent wimesses on your behalf If
you desire to have witnesses subpoenaed or if you have questions regarding its procedure, please
correct the City Clerk's office within rive days of the receipt of this notice at (904) 247-5821. Please
note the presence of court reporter for the purpose of hearing a verbatim record in dw event an appeal
should be soured at your expense
1, le Anaela /dmrtv. hereby swearand ulfrol that the shove aaramem is due anJ nccurata
Angela Irizarry,
Code Enforcement Officer, City of Atlantic Beach
A ffhSI
04!!�-Ulw v
Kimberly M Flower, Records C9erk
41 4"
` RcjYAL a
L,„
08/21/2020
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 0700 0001 8909 4487
vs.
Property Address: 70 10`h Street W
Atlantic Beach, FL 32233
Matthew Andrew Warhurst II
70 10th Street W
Atlantic Beach, FL 32233
Respondent.
CASE NUMBER: 19-254
REAL ESTATE NUMBER: 170812 0070
LEGAL DESCRIPTION: 18-34 38-2S-29E, 065, ATLANTIC BEACH SEC H,E 27.55FT OF W
32.6FT OF, LOT 3 BLK 66 ATLANTIC BEACH, FLORIDA
ORDER IMPOSING FINE ON CASE No. 19-254
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 70 W 10th Street, Atlantic Beach, Florida.
2. Notice of the hearing was sent by Certified Mail.
3. Respondent did not appear at the hearing.
4. Respondent was previously cited for an having an unpermitted metal building and
unpermitted pavers on his property.
5. Respondent cured the violation regarding the building by removing it and applying for a
permit for the pavers prior to the code enforcement hearing held on May 21, 20200.
6. Action on the violation was deferred until the code enforcement hearings scheduled for
• July 2, 2020.
7. Respondent completed his application for the pavers on the morning of July 2, 2020, but
review of the application was still ongoing at the time of that hearing held in July.
8. At the July 2 hearing, action on the matter was deferred until September 3, 2020.
9. Respondent's permit for the pavers submitted on July 1, 2020 was ultimately denied
because Respondent did not have sufficient pervious surface to allow the pavers.
10. On September 1, 2020, Respondent informed Petitioner that he intended to remove the
pavers.
•
CONCLUSIONS OF LAW
11. Respondent's maintenance of the pavers on his premises violates Atlantic Beach Code of
Ordinances § 24-106(0(1) restriction on the maximum amount of impervious surface
allowed on a lot.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority
granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach,
Florida it is ORDERED:
THAT the Respondent is found violation, the Special Magistrate orders that a fine of$150 dollars per
day for the first day and $150 for every day thereafter while the violation continues to exist be
imposed commencing on the 30th day after the execution of this Order. In addition, fines shall
include the administrative costs to the City incurred in prosecuting this case.
THAT the Respondent is responsible for contacting the City of Atlantic Beach Code Enforcement
Officer and obtaining an inspection of compliance.
THAT failure to pay all accumulated fines will result in a lien being placed against the property at 70
10TH STREET WEST, 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 23RD DAY OF SEPTEMBER 2020.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
ATTEST:
4‘1,11)14
t.
Kimberly 6ower, Records Clerk Jeb T. Branham, Special Magistrate
Executed this 23rd day of September 2020.
PLEASE NOTE: Florida Statutes § 162.11 requires appeals of this order to be filed in the circuit court
for Duval County within 30 days of this order's execution.
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