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09-05-19 Code Enforcement Special Magistrate Regular City of Atlantic Beach Agenda Code Enforcement Special Magistrate Meeting Thursday, September 5, 2019 - 2:00 p.m. Commission Chamber City Hall, 800 Seminole Road Page(s) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. APPROVAL OF MINUTES 3.A. Approve minutes of the July 11, 2019 Code Enforcement Special Magistrate meeting. DRAFT Minutes - July 11, 2019 Code Enforcement Special Magistrate meeting 5 - 9 4. ADMINISTRATION OF OATH 5. OLD BUSINESS 5.A. CASE # 16-283 NAME: Kenneth Allen Weatherby ADDRESS: 351 19th Street CE 351 19th Street Case #16-283 351 19th St Photo 10-17-16 (1) 351 19th St Photo 10-17-16 (2) 351 19th St Photo 10-17-16 (3) 351 19th St Photo 10-17-16 (4) 351 19th St Photo 10-17-16 (5) 351 19th St Photo 10-17-16 (6) 351 19th St Photo 10-17-16 (7) 351 19th St Photo 10-17-16 (8) 351 19th St Photo 10-17-16 (9) Case Detail Report #16-283 11 - 117 5.B. CASE #: 18-113* NAME: Willie Johnson Estate ADDRESS: 1921 Mealy Street CE 1921 Mealy Street Case #18-113 Case Detail Report #18-113 119 - 179 181 - 205 Page 1 of 304 Code Enforcement Special Magistrate - 05 Sep 2019 5.C. CASE #: 19-023* NAME: Ida Parker ADDRESS: 15 Forrestal Circle CE 15 Forrestal Circle Case #19-023 Case Detail Report #19-023 5.D. CASE #: 19-056* NAME: Bhatti Babur ADDRESS: 715 Seminole Road CE 715 Seminole Road Case #19-056 Case Detail Report #19-056 207 - 253 5.E. CASE #: 19-056* NAME: Lucas Tree Service ADDRESS: 715 Seminole Road (See 5.D.) 6. NEW BUSINESS 6.A. CASE #: 18-371* NAME: Michael Hosto ADDRESS: 2329 Barefoot Trace CE 2329 Barefoot Trace SWO #18-371 Case Detail Report #18-371 255 - 277 6.B. CASE #: 19-031 NAME: David Reed ADDRESS: 812 Ocean Blvd CE 812 Ocean Blvd Case #19-031 Case Detail Report #19-031 279 - 304 7. ADJOURNMENT * Homesteaded Properties Please note: This meeting will be videotaped. To view the meeting video, contact Lori Diaz, Records Clerk at 247-5810 or ldiaz@coab.us. If any person decides to appeal any decision made by the Code Enforcement Special Magistrate with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is to be based. Page 2 of 304 Code Enforcement Special Magistrate - 05 Sep 2019 In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk's Office not less than three (3) days prior to the date of this meeting at (904) 247-5800 or 800 Seminole Road. Page 3 of 304 Page 4 of 304 Code Enforcement Special Magistrate July 11, 2019 MINUTES Code Enforcement Special Magistrate Meeting Thursday, July 11, 2019- 2:00 PM Commission Chamber Present:Jeb T. Branham, P.A., Special Magistrate Presiding Angela Irizarry, Code Enforcement Officer Lori Diaz, Records Clerk 1.CALL TO ORDER Magistrate Branham called the meeting to order at 2:00 PM. 2.PLEDGE OF ALLEGIANCE TO THE FLAG None. 3.APPROVAL OF MINUTES None. 4.ADMINISTRATION OF OATH Magistrate Branham administered the Oath to the attendees - staff, respondents, and witnesses. 5.OLD BUSINESS A.CASE #: 17-286 NAME: Ossi Klotz, LLC ADDRESS: 1830 Mayport Road Testified: Code Enforcement Officer Angela Irizarry, Respondent’s Attorney William Corley. Respondent was not present. Action: Respondent was found in compliance due to completing demolition of the structure as ordered at the March 12, 2019 meeting. B.CASE #: 17-287 NAME: Ossi Klotz, LLC Address: 1850 Mayport Road Testified: Code Enforcement Officer Angela Irizarry, Respondent’s Attorney William Corley. Respondent was not present. Action: Respondent was found in compliance due to roof being repaired and passing inspection as ordered at March 12, 2019 meeting. Agenda Item #3.A. 05 Sep 2019 Page 5 of 304 Code Enforcement Special Magistrate July 11, 2019 C.CASE #: 18-073 NAME: Ossi Klotz, LLC ADDRESS: 1844 Mayport Road Testified: Code Enforcement Officer Angela Irizarry, Respondent’s Attorney William Corley. Respondent was not present. Action: Respondent was found in compliance due to unpermitted work being removed, unused sections being boarded, and one tenant remaining until the redevelopment plan is implemented. D.CASE #: 18-113* NAME: Willie Johnson Estate ADDRESS: 1921 Mealy Street Testified: Code Enforcement Officer Angela Irizarry. Respondent was not present. Action: Code Enforcement Officer Irizarry recommended allowing Mr. Demps 30 days to pull permits and start repairs or a fine of $250.00 per day. Magistrate Branham adopted staff's recommendation and allows 30 days to comply or a fine of $250 per day. E.CASE #: 18-204 NAME: William Dutter ADDRESS: 177 Pine Street Testified: Code Enforcement Officer Angela Irizarry. Respondent was not present. Action: Respondent was found in compliance due to siding being repaired and passing inspection on May 22, 2019. F.CASE #: 18-320 NAME: Devajyoti Ghose ADDRESS: 317 East Coast Drive Testimony: Code Enforcement Officer Angela Irizarry, Kira Mauro. Respondent was not present. Action: The respondent was found in compliance, no fine imposed. Agenda Item #3.A. 05 Sep 2019 Page 6 of 304 Code Enforcement Special Magistrate July 11, 2019 G.CASE #: 18-322 NAME: Sandra Pischly ADDRESS: 1044 Hibiscus Drive Testified: Code Enforcement Officer Angela Irizarry. Respondent was not present. Action: Due to non-compliance of the Code Enforcement Board order issued on March 12, 2019, Magistrate Branham imposed the fine of $100.00 per day per March 12, 2019 order. H.CASE #: 19-002 NAME: James Douglas Thompson ET AL ADDRESS: 221 Seminole Road Testified: Code Enforcement Officer Angela Irizarry, Respondent was not present. Action: Due to non-compliance of the Code Enforcement Board order issued on March 12, 2019 Special Magistrate Branham imposed the fine of $100.00 per day per March 12, 2019 order. I.CASE#: 14-00000980 NAME: Douglas Scott Wayne ADDRESS: 198 Poinsettia Street Testified: Code Enforcement Officer Angela Irizarry. Respondent was not present. Action: Magistrate Branham adopted staff's recommendation and imposed maximum fine of $5000.00 for irreparable structure in accordance with the statutes. Fine to remain at $5000.00. J.CASE #: 17-603 NAME: Larry E. Clement ADDRESS: 115 S. Saratoga Circle Testified: Code Enforcement Officer Angela Irizarry, Larry E. Clement. Action: Magistrate Branham found that based on evidence presented, the amount of time the property was out of compliance cannot be calculated. Therefore, Special Magistrate Branham found the Respondent in compliance and waived code enforcement lien fines. Agenda Item #3.A. 05 Sep 2019 Page 7 of 304 Code Enforcement Special Magistrate July 11, 2019 6.NEW BUSINESS A.CASE #: 19-056* NAME: Lucas Tree Service ADDRESS: 715 Seminole Road Testified: Code Enforcement Officer Angela Irizarry, Joe Musgrove Action: Case deferred to next Code Enforcement Special Magistrate meeting. B.CASE #: 19-056* NAME: Bhatti Babur ADDRESS: 715 Seminole Road Testified: Code Enforcement Officer Angela Irizarry, Joe Musgrove Action: Case deferred to next Code Enforcement Special Magistrate meeting. C.CASE #: 19-018 NAME: B B McCormick and Sons Inc. ADDRESS: 1198 Mayport Road Testified: Code Enforcement Angela Irizarry, Travis Moore. Action: Magistrate Branham found the property in compliance due to Respondent applying for a permit and installing a fence around the dumpster. D.CASE #: 19-023* NAME: Ida Parker ADDRESS: 15 Forrestal Circle Testified: Code Enforcement Officer Angela Irizarry, Richard Parker. Action: Magistrate Branham deferred action to the next Code Enforcement Special Magistrate meeting in September. E.CASE #: 19-095* NAME: Susan Albrecht ADDRESS: 539 Selva Lakes Circle Testified: Code Enforcement Officer Angela Irizarry, Susan Albrecht. Action: Respondent was found in compliance due to Code Enforcement Officer Irizarry reporting that the lawn has been mowed. Respondent testified she has hired a landscaping company. Agenda Item #3.A. 05 Sep 2019 Page 8 of 304 Code Enforcement Special Magistrate July 11, 2019 7.ADJOURNMENT Code Enforcement Angela Irizarry testified that items listed on the meeting agenda pertain to documents contained in the agenda packet and were taken from the records of the City of Atlantic Beach. Agenda Packet incorporated into this record by reference. Meeting adjourned at 3:36 PM. Attest: Lori Diaz, Records Clerk Jeb T. Branham, P.A.,Special Magistrate Date Approved: _________________________ Agenda Item #3.A. 05 Sep 2019 Page 9 of 304 Page 10 of 304 iiimirmuimmummummiewm.momp.......,,,___ 44#4,..07,-40411me ,r,"'yy'",,""nya'`,'. z,; za ,,,,,,,o,,.,-,,4:., '-'..-', i 3,; ! i, _ itailiii1,k----A. ) w,, tA R M111i _ h"OrAliTtii----->i<4' ' ' L,Vi ? ' th: S I. A.QsIC h1.1- 07(11 Agenda Item #5.A.05 Sep 2019Page 11 of 304 I v........,e.' CO/ s*. ,. 1 ill 11.:47:-\ 311MINfsHINn --, N-74,41,,,,,4.-4- ' ,- '' I'A afi. . 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IL gi,4,' :14 l i T (\"+ r .;........„- A......r+.,„... -1.,-, ,,,r Y. 14 b *2,'i 1 j/ : 1.-< ‘: t aw y,,_ rj7 4,,rr' I l sem- t'! r tL* r, xJ A _• rf ,°i(• t * >" rr ' rc' ,`'. 1. p M' t"r •-" •. t i.\ sem. ^ i,•; - y 7_s'i}•.r;,'• <,J ,y S.. *;ti,.+ r. 1y`I; I `. ... e:s• ZYyY a .,:, F - A-$ r 11:,,,,..41"e ._.,.:411,4~ i0 it ,• '• ;:A. itth,,, pl rd a t p 6 1'4 4. 1. /'y - tV` kms Ai „`TSS*..if • L p=fkha .IYr i•- - T' moi' +l ' 4• ,01:- 1at r, r,-/ 6` -- ` `' yc wyK," am t'. fD, ;43"p' ', y'tt, "te r -. : Ill e l? d r\ r' Vi i. a r 4. y. ti c «• SA. l J'44/ h t ll fy'rs = • -'r• 7 tE'* ' i •t' i` r .'j' 1qp , 4'.'1 C` 1/4• i"e„" h 4, Is.' s u ` tIt _v;S''''-,, sok re. r j y • mss= I0..:. t. .. 1 y k 1` te a ( Yw r. /{•• 7 r ( - 2 e le ,;w • tir t l ,4' i+Z ee..'` ++'V+44 Z.„ -- wf,, i[ y+, ar,", . -...Z.. ;.11.1%;"-----':te.®-i: Lyy,. 0^ /, '.. w ;--,;:!.../..,""4:1:. h-. A ti'•!---472:•-- -1-"F"•'w:`. • •\ -' tet` S-,. C .. d' r- " •_.„ , may,,• -•< _ -7.144.j •.qu, K. .. mow tyP , r _ 4.1r r,• ln w,. yr 4 Y K.M'r'}' •._ t :\' t,:,,,,,,.,,,„1., 9 r. r ' 1.•!‹,,r.....!=,.....-Lw*+- f'? v i'^r may. C, a.eostf ` ti v p' Rayf 7,-...sy, C i", KW uw/..7s. • G 11 /[w Js C Thy• c^ as 4,.Jyti x. a -r/ Agenda Item #5.A.05 Sep 2019Page 17 of 304 Agenda Item #5.A.05 Sep 2019Page 18 of 304 Agenda Item #5.A.05 Sep 2019Page 19 of 304 aw 4.*0 Compliance Investigation Form Investigation#Date of Request: Time of Request: Location (Address) of Violation: "1 I 11 Property Owner/Manager: 14106 VIOLATIONS: C.00r. (A)4Q. 1tea J s err- 1,-es-bt_ tt-tCofe.NL. 104-ijig Action Taken: Compliance: Name of Person Making Re uest/Com laint: C ' aYdf-e 1C1 '1 Address: 364 1 ct= &M Phone# 90+—geg Investigation Type : F:\Code Enforcement\Compliance Investigation Form.doc April 25 2013 Agenda Item #5.A. 05 Sep 2019 Page 20 of 304 1,0.4/1".Th S1 Compliance Investigation Form IC°Investigation # Date of Request: v' - Time of Request: Location (Address) of Violation: 1.'61 94 Sir7y 3S/ Property Owner/Manager: VIOLATIONS: Cr exFvveot. a,(9.s. of ---t'lra.s-L ( 4aa Y hd,DYe- Itc k Action Taken: Compliance: Name of Person Making Request/Complaint:Re uest/Com laint: a1<-I 'IS I Address: 364 1 9•Q Phone # 9OL/ 4 g.--7733 Investigation Type : V1 J F:ACode Enforcement\Compliance Investigation Form.doc April 25 2013 Agenda Item #5.A. 05 Sep 2019 Page 21 of 304 CITY OF ATLANTIC BEACH CODE ENFORCEMENT DIVISION 800 Seminole Road Atlantic Beach, Florida 32233 PHONE: 247-5855 COURTESY NOTICE OF VIOLATION DATE 7-1 /k3 TIME / 6 m7./Eft 100[1,PANI AbURF.SS THE INSPECTION MADE OF THE ABOVE PREMISES I' THIS DATE DISCLOSED YOU WERE IN VIOLATION OF ORIlDINANCE: 7)rekA OF THE_WDE C T/EE/CITY O ATLANTIC BEACH, FLORIDA. /P'/ ' net- o l o YOU CAN COMPLY BY a./a•C J 74C-VC" zlt,091tL. 1547-yaj WITHIN DAYS OF THIS NOTICE THIS IS A COURTESY NOTICE IN ORDER TO MAKE YOU AWARE OF A VIOLATION OF THE CITY CODE OF ATLANTIC BEACH. IF YOU HAVE ANY QUESTIONS OR WOULD LIKE ADDITIONAL INFORMATION PERTAINING TO THIS NOTICE, PLEASE CALL ATLANTIC BEACH CODE ENFORCEMENT OFFI 4‘ ,CES f N- AeLeyc ore Y*)F MFORf FMF\'T OFR'FR RECEIVED Y Agenda Item #5.A. 05 Sep 2019 Page 22 of 304 d__:;:2L__H-, V F - ? 733 so- Compliance Investigation d,1111 Y Investigation#Date of Request: Tim PP c)/.... 11.,Name of Person Making Request: E 1J1/ L ,, Address: 354 1 tirk Phone Cr_ Investigation Type: 3' 1 11 1-4. - r. A 01? 7-- [ ....1.. ....1-4... `f 1tq\a.A--1% r1 `•1c2 • cyri......Killigj edia___. Location (Address) of Violation: Vtt)s ` TF/ Phone Number: Property Owner/Manager: _ Request Taken by: Investigator: _ Action Taken:tf_,W Compliance: Legal Description:R I:: t: F:1Code Enforcement\Compliance Investigation Form.doc Oct 9 2009 Agenda Item #5.A. 05 Sep 2019 Page 23 of 304 Property Appraiser- Property Details Page 1 of 2 WEATHERBY KENNETH ALLEN r., Primary Site Address Official Record Book/Page Tile# 351 19TH ST 351 19T1-1 ST 04788400909 9409 ATLANTIC BEACH,FL 32233-4540 Atlantic Beach FL 32233 351 19TH ST Property Detail Value Summary RE# 172020-1258 2015 Certified 2016 In Progress 1121.111grict USD3 Value Method CAMA CAMA Prormitv Use 0100 Single Family Total Building Value $153,707.00 $153,209.00 it or Buildings 1 Extra Feature Value $546.00 520.00 For full legal description see Land Value(Market) $180,000.00 $180,000.00 Legal Desc. Land&Legal section below and Value(Aork:.1 $0.00 0.00 fillildbigRO 03512 SELVA MARINA UNIT 12A Just(Market)Value $334,253.00 $333,729.00 Total Area 9008 Assessed Value $248,224.00 $249,961.00 The sale of this property may result In higher property taxes.For more information go Cap DIM/Portability Amt $86,029.00/$0.00 $ 83,768.00/$ 0.00 to Save Our Homes and our property Tax Estimator.'In Progress'property values, facem8S1208 $50,000.00 See below exemptions and other supporting information on this page are part of the working tax --- roll and are subject to change.Certified values listed in the Value Summary are those Taxable Value $198,224.00 See below certified in October,but may Include any official changes made after certification Learn how the Prooertv Aooraiser's Office values orooerty, Taxable Values and Exemptions—In Progress 4,_ J 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 SIRWMD/FIND Taxable Value School Taxable Value Assessed Value 249,961.00 Assessed Value 249,961.00 Assessed Value 249,961.00 Homestead(HX) 25,000.00 Homestead(HX) 25,000.00 Homestead(HX) 25,000.00 Homestead Banding 196.031(1Xb)(HB) Homestead Banding 196.031(1Xb)(FIB) Taxable Value 224,961.00 25,000.00 25,000.00 Taxable Value 199,961.00 Taxable Value 199,961.00 Sales History ) Book/Page Sale Date Sale Price Deed Instrument TvDe Code Oualified/Unauallfed Vacant/Improved gdzolzggn 12/ 15/1978 $15,000.00 WD-Warranty Deed Unqualified Vacant 3/26/1979 $60,300.00 WD-Warranty Deed Unqualified Improved 98893-00969 2/25/1998 $100.00 MS-Miscellaneous Unqualified Improved 10788-00760 11/12/2002 $227,000.00 WD-Warranty Deed Qualified Improved Extra Features!J IN.. .. EtlidllICSails FPPR7 Fireplace DPescriptionp Bldg. I Length 0 h Width 0 1. 001 Units Value 552000..,_._... Land&Legal i j Land Legal LN Use Description jga)pg Front Depth Category Land bond Land LN Legal Description_ ._.__.--. Units Value_ _.... 1 36-64 09-2S-29E 1 0100RES LD 3-7 UNITS PER APUD 85.00 100.00 Common 1.00 Lot 180,000.00 2 SELVA MARINA UNIT 12-A AC 3 LOT 13 I Buildings t Building 1 Building 1 Site Address Element Code Detail 351 19TH ST Atlantic Beach FL 32233 Exterior Wall 16 16 Frame Stucco r_. r te Exterior Wall 6 6 Vertical Sheet Building Type 0101-SFR 1 STORY Roof Struct 3 3 Gable or Hip i Year Built 1979 Roofing Cover 3 3 Asph/Comp Sting BAR Building Value $153,209. 00 Interior Wall 5 5 Drywall i Int Flooring 14 14 Carpet r FGR 1 I>L Gross Heated Effective Int Flooring 11 11 Car Clay Tile r-, Area I Area I Area Heating Fuel 4 4 Electric 480 0 240 http://apps.coj.net/PAO_PropertyScarch/Basic/Detail.aspx?RE=1720201258 7/19/2016 li• Agenda Item #5.A. 05 Sep 2019 Page 24 of 304 NI Property Appraiser- Property Details Page 2 of 2 IFinished I Heating Type Garage I I I IAir Cond13 13 Central Fin Screened 192 0 67Porch Base Area 1468 1468 1468 Element Code Finished Open Stories 1.000 Porch 28 0 8 Bedrooms 3.000 Total 2168 1468 1783 Baths 2.000 Rooms/Units 1.000 a2L5 Notice of Proposed Property Taxes NotIce(MUM Notice) Taxbw District Assessed Value Exemptions Taxable Value Last Year Proposed Rolled-back Gen Govt Beaches 248,224.00 50,000.00 $198,224.00 1,599.71 $1,615.76 $1,530.59 Public Schools:By State Law 248,224.00 25,000.00 $223,224.00 1,118.88 $1,086.88 $1,094.67 By Local Board 248,224.00 25,000.00 $223,224.00 497.38 $501. 81 $486.63 FL Inland Navigation Dist. 248,224.00 50,000.00 $198,224.00 6.77 6.84 6.34 Atlantic Beach 248,224.00 50,000.00 $198,224.00 653.23 $659.79 $625.73 Water Mgmt Dist.S.IRWMD 248,224.00 50,000.00 $198,224.00 62.09 59.92 59.92 Gen Gov Voted 248,224.00 50,000.00 $198,224.00 0.00 0.00 0.00 School Board Voted 248,224.00 25,000.00 $223,224.00 0.00 0.00 0.00 Urban Service Dist3 248,224.00 50,000.00 $198,224.00 0.00 0.00 0.00 Totals 3,938.06 $3,931.00 $3,803.88 Just Value Assessed Value Exemptions Taxable Value Last Year $324,062.00 246,254.00 50,000.00 196,254.00 Current Year $334,253.00 248,224.00 50,000.00 198,224.00 2015 TRIM Property Record Card(PRC) This PRC reflects property details and values at the time of the original mailing of the Notices of Proposed Property Taxes(TRIM Notices)in August. Property Record Card(PRC) The PRC accessed below reflects property details and values at the time of Tax Roil Certification in October of the year listed. 2015 2014 To obtain a historic Property Record Card(PRC)from the Property Appraiser's Office,submit your request here: t More Information bntact Us I Parcel Tax Record I GIS Mao I Mao this property on Gooale Mac/ I City Fees Record li http://apps.coj.nct/PAO_PropertySearch/Basic/Detai I.aspx?RE=1720201258 7/19/2016 Agenda Item #5.A. 05 Sep 2019 Page 25 of 304 4 Agenda Item #5.A.05 Sep 2019Page 26 of 304 c3oo SOL l_ k dr Y .. Agenda Item #5.A.05 Sep 2019Page 27 of 304 IIE51L _ e Agenda Item #5.A.05 Sep 2019Page 28 of 304 Y Lr 4 x .'.. t . 1.^ 1 / ^'_ of 1` f 4 Y Lr 4 x .'.. t . 1.^ 1 / ^'_ of 1` f Agenda Item #5.A.05 Sep 2019Page 29 of 304 y,imo a , is II; P:e e s77 5EP 14 2016 IV Agenda Item #5.A.05 Sep 2019Page 30 of 304 Bartle, Donna From: mreeves@coab.us Sent: Wednesday,July 20,2016 7:05 AM To: ocean.1955@yahoo.com Subject: Re: Complaint about Home in the Selva Marina Area/19th Street median Mrs Simpkins, I just wanted to make sure you received my voice message yesterday. I called to give you update on your complaint. This morning I will be attending a City of Jacksonville- 2016 Peak Hurricane Season Regional Tabletop Exercise from 8:30am to noon. If possible will you be available to talk after noon today. If so what time works for your schedule. Mayor Mitch Reeves 800 Seminole Road Atlantic Beach, Fl 32233 mreeves@coab.us Cell: 904-955-0101 MReeves@coab.us On Jul 17, 2016, at 7:56 PM, Scoop<ocean.1955@yahoo.com>wrote: Thank you so much! Sharette Sent from my iPad Begin forwarded message: From: "Reeves, Mitch" <mreeves@coab.us> Date: July 17,2016 at 9:14:48 AM EDT To: Scoop<ocean.l 955@,yahoo.com> Subject: Re: Complaint about Home in the Selva Marina Area/ 19th Street median You did not. I have my weekly meeting with the city manager tomorrow morning at 10:30am. After our meeting the other day, I had a conversation with the city manager. I'm looking forward to his update on what actions as been taken to the complaint. I will give you a call Monday afternoon for another round of open discussion. Thanks again, and I apologize we are even having these discussions. I'm confident your issue will be solved soon. Enjoy you Sunday! ',- Mayor Mayor Mitch Reeves i Agenda Item #5.A. 05 Sep 2019 Page 31 of 304 800 Seminole Road Atlantic Beach, Fl 32233 mreeves(a,coab.us Cell: 904- 955-0101 MReeves@coab.us On Jul 17, 2016,at 8:44 AM, Scoop<ocean.1955@yahoo.com>wrote: Good Morning Mayor Reeves, Did 1 miss your TI[l call or email? Thank you, Sharette Simpkins 904-868-7733 Sent from my iPad On Jul 13,2016,at 7:51 PM, Reeves, Mitch mreeves@coab.us>wrote: I would be happy to meet with you. Unfortunately I have a scheduling conflict with your requested time Friday morning. I'm available tomorrow morning between 9am and Noon or 3pm to 4pm. Friday the 15th I'm open 2:30pm to 4pm. If these times do not work then we can discuss next week. I will wait for your reply. Sincerely, Mayor Mitch Reeves 800 Seminole Road Atlantic Beach, Fl 32233 mreeves@coab.us Cell: 904-955-0101 MReevesQcoab.us 2 Agenda Item #5.A. 05 Sep 2019 Page 32 of 304 On Jul 13,2016,at 7:04 PM, Scoop ocean.1955@yahoo.com>wrote: Dear Mayor Reeves I would like to meet Friday,July 15, at 10:00am with you regarding the several complaints I have submitted to the City of Atlantic Beach,code enforcement office, starting in April 2016. At this time the enforcement officer had resigned,then one retired. I recently spoke last week to the City Manager Nelson Van Liere and was told the my complaints were easy and they would be taken cared of. They were not taken care of,they did everything that was not in the complaint. I am not new to this community I have been a home owner in the Selva Marina area for thirty years and I would like to stay. But the services I am getting from the city are insufficient with a community such as Selva Marina. Thank you for your time and consideration. Sharette Simpkins 354 19th Street Atlantic Beach, Florida 32233 904-868-7733 Sent from my iPad 3 Agenda Item #5.A. 05 Sep 2019 Page 33 of 304 ik -,,, „,0 J S s rL` • e+j f CASE ACTION FORM VI Investigation # DATE: _1 i 1,4)1 NAME: F/rar= ADDRESS OF VIOLATION 3J 71,cr--, Action Taken:9Z-- sT-3• oh/ WL-(0, r * .• Q---t 6_—(;-Z— i e v A / i j) i r-- Q IsiliwzragivI • arA. i Ad _ i, LL--)-ft-a-a--( j1-4---c-L' Com Hance: 4, 00 4zg, 7,,,,,ot i ,/ iikii eictitiye Agenda Item #5.A. 05 Sep 2019 Page 34 of 304 CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 property in violation and cut and destroy the weeds growing GENERAL thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 301.1 Scope.The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for 302.5 Rodent harborage.All structures and exterior property maintenance of structures,equipment and exterior property. shall be kept free from rodent harborage and infestation.Where rodents are found, they shall be promptly exterminated by 301.2 Responsibility.The owner of the premises shall main- approved processes which will not be injurious to human tain the structures and exterior property in compliance with health.After extermination,proper precautions shall be taken these requirements, except as otherwise provided for in this to eliminate rodent harborage and prevent reinfestation. code.A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary 302.6 Exhaust vents.Pipes,ducts,conductors,fans or blowers and safe condition and which do not comply with the require- shall not discharge gases,steam,vapor,hot air,grease,smoke. ments of this chapter.Occupants of a dwelling unit,rooming odors or other gaseous or particulate wastes directly upon abut- unit or housekeeping unit are responsible for keeping in a ting or adjacent public or private.property or that of another clean,sanitary and safe condition that part of the dwelling unit, tenant. rooming unit, housekeeping unit or premises which they' 302,7 Accessory structures.All accessory structures,includ- occupy and control. ing detached garages, fences and walls, shall be maintained 301.3 Vacant structures and land.All vacant structures and structurally sound and in good repair. premises thereof or vacant land shall be maintained in a clean, 302.8 Motor vehicles.Except as provided for in other regula- safe,secure and sanitary condition as provided herein so as not tions, no inoperative or unlicensed motor vehicle shall be to cause a blighting problem or adversely affect the public parked,kept or stored on any premises,and no vehicle shall at health or safety.any time be in a state of major disassembly,disrepair,or in the process of being stripped or dismantled.Painting of vehicles is prohibited unless conducted inside an approved spray booth. SECTION 302 EXTERIOR PROPERTY AREAS Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such 302.1 Sanitation.All exterior property and premises shall be work is performed inside a structure or similarly enclosed maintained in a clean,safe and sanitary condition.The occu-area designed and approved for such purposes. pant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. 302.9 Defacement of property.No person shall willfully or wantonly damage, mutilate or deface any exterior surface of 302.2 Grading and drainage. All premises shall be graded any structure or building on any private or public property by and maintained to prevent the erosion of soil and to prevent the placing thereon any marking,carving or graffiti. accumulation of stagnant water thereon,or within any structure located thereon. It shall be the responsibility of the owner to restore said sur- face to an approved state of maintenance and repair. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs,driveways,parking spaces and similar areas shall be kept SECTION 303 in a proper state of repair,and maintained free from hazardous SWIMMING POOLS,SPAS AND HOT TUBS conditions. 303.1 Swimming pools.Swimming pools shall be maintained 302.4 Weeds.All premises and exterior property shall be main- in a clean and sanitary condition,and in good repair. tained free from weeds or plant growth in excess of(jurisdic 303.2 Enclosures.Private swimming pools,hot tubs and spas. tion to insert height in inches). All noxious weeds shall be containing water more than 24 inches(610 mm)in depth shall prohibited.Weeds shall be defined as all grasses,annual plants be completely surrounded by a fence or barrier at least 48 and vegetation,other than trees or shrubs provided; however, inches (1219 mm) in height above the finished ground level this term shall not include cultivated flowers and gardens. measured on the side of the barrier away from the pool.Gates Upon failure of the owner or agent having charge of a prop- and doors in such barriers shall be self-closing and self-latch- erty to cut and destroy weeds after service of a notice of viola- ing.Where the self-latching device is less than 54 inches(1372 tion, they shall be subject to prosecution in accordance with mm)above the bottom of the gate,the release mechanism shall Section 106.3 and as prescribed by the authority having juris- be located on the pool side of the gate.Self-closing and self- diction. Upon failure to comply with the notice of violation, latching gates shall be maintained such that the gate will posi- any duly authorized employee of the jurisdiction or contractor tively close and latch when released from an open position of 6 hired by the jurisdiction shall be authorized to enter upon the inches(152 mm)from the gatepost.No existing pool enclosure 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 9 Agenda Item #5.A. 05 Sep 2019 Page 35 of 304 h is CITY OF ATLANTIC BEACH' 800 SEMINOLE ROAD 714 ATLANTIC BEACH,FL 32233 PHONE(904)247-5855 July 28, 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70131710000216912937 KENNETH ALLEN WEATHERBY 351 19TH ST ATLANTIC BEACH, FL 32233 Real Estate No. 172020-1258 CASE NO. 16-283 Location of Violation: 351 19TH STi• Dear Property Owner: Please be advised,Atlantic Beach Code Enforcement has found your property referenced above to be in violation of the City of Atlantic Beach, Code of Ordinances,to wit: VIOLATIONS 007- IPMC CIPMCSec.302.8 -Motor Vehicles "No inoperative or unlicensed motor vehicle shall be parked or kept or stored on any premises,and no vehicle shall at any time be in a state of disrepair, major disassembly or in the process or being stripped or dismantled". (Inoperable Mercedes in driveway covered in debris and mold) IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses,annual plants and vegetation,other than trees or shrubs provided; however,this term shall not include cultivated flowers and gardens. (Overgrown weeds) Sec. 12-1 Nuisances(b) It is hereby declared to be a nuisance,the enumerations of which are merely indications of the nature of the type of acts,occurrences and conditions, and shall not be deemed to be exclusive: (11) For any person or business to allow vegetation other than cultivated plants,shrubs or trees to exceed a height of more than twelve(12)inches on any developed lot, or within twenty(20)feet of any occupied residential property, business property or city right of way. (Excessive amounts of tree debris) This letter requests that the noted violations be corrected by removing the inoperable vehicle, mowing and clean and remove debris from yard within ten (10)days of the receipt of this notice. To avoid having this case be referred to the Code Enforcement Board, all listed violations on this notice must be in compliance on or before the date established by Atlantic Beach Code Enforcement. The Board may impose fines up to two hundred fifty($250.00)per day for continuing violations.Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance. Agenda Item #5.A. 05 Sep 2019 Page 36 of 304 It is our goal to keep our neighborhoods looking well maintained while protecting property values and your cooperation in this matter is greatly appreciated. Please contact Atlantic Beach Code Enforcement at 904 247-5855 if you have any questions or need additional information. Sincerely, Deborah White CODE ENFORCEMENT OFFICER Page Number 2 July 28,2016 Agenda Item #5.A. 05 Sep 2019 Page 37 of 304 CVO ftltU IVu41L t City of Atlantic Beach 11H110 11111 neapost'' s 800 Seminole Road 07/29/2016 Atlantic Beach, Florida 32233 US POSTAGE $06.465 7013 1710 0002 1691 2937 041L11240784 ter- a KENNETH ALLEN WEATHERBY iI X c 3 2 2. SE . a /64/16 351 19TH ST a ATLANTIC BEACH, FL 32233 Li;;fis L F. Tc ;OR.^Agit 0,..31 Petah.Nn 17,0,0-1758 CACP NO. I-6*5 a •» Y4 sss is ii,,It •ii is .sI 1ss + 0 -- 3223.4k fi Agenda Item #5.A.05 Sep 2019Page 38 of 304 USPS.com®- USPS Tracking® Page 1 of 2 English Customer Service USPS Mobile Register i Sign In r7USPS.COM. Still Have Questions? USPS Tracking® Browse ourFAOs> Get Easy Tracking Updates Sign up for My USPS. Tracking Number:70131710000216912937 Product & Tracking Information Available Actions Postal Product Features: Certified Mail DATE&TIME STATUS OF ITEM LOCATION September 4,2016 10: 37 Departed USPS Facility JACKSONVILLE,FL 32203 pm Your Rem departed our USPS facility in JACKSONVILLE,FL 32203 on September 4,2016 at 10:37 pm. The item is currently in transit to the destination. September 3,2016.3:29 pm Unclaimed/Max Hold Time ATLANTIC Expired BEACH.FL 32233 August 2.2016.3:50 pm Notice Left(No Authorized ATLANTIC Recipient Available) BEACH,FL 32233 July 29,2016.8:21 pm Arrived at USPS Origin JACKSONVILLE,FL 32203 Facility July 29,2016,11:47 am Picked Up ATLANTIC BEACH,FL 32233 Track Another Package Manage Incoming Packages Tracking(or receipt)number Track all your packages from a dashboard No tracking numbers necessary I Track It Sign up for My USPS> HELPFUL LINKS ON ABOUT USPS COM OTHER USPS SITES LEGAL INFORMATION Contact Us About USPS Home Business Customer Gateway Pnvacy Policy Site Index Newsroom Postal inspectors Terms of Use FADS USPS Seneca Updates Inspector General FOIA Forms 8 Publications Postal Explorer No FEAR Act EEO Data Government Services National Postai Museum Careers Resources tor Developers https://tools.usps.com/go/TrackConfirmAction.action?tRef fullpage&tLc=1&text28777=... 10/5/2016 Agenda Item #5.A. 05 Sep 2019 Page 39 of 304 r Il1 , t CITY OF ATLANTIC BEACH f" 800 SEMINOLE ROAD V4111=111PV*11 ATLANTIC BEACH, FL 32233 PHONE (904) 247-5855 August 31, 2016 POSTED ON PROPERTY AND ATLANTIC BEACH CITY HALL 3 KENNETH ALLEN WEATHERBY 351 19TH Street 4, Atlantic Beach, FL 32233 Y) Ir Real Estate No. 172020-1258 Location of Violation: 351 19TH ST, Atlantic Beach, FL Dear Property Owner: Please be advised, Atlantic Beach Code Enforcement has found your property referenced above to be in violation of the City of Atlantic Beach, Code of Ordinances, to wit: VIOLATIONS IPMC Sec.302.8 - Motor Vehicles "No inoperative or unlicensed motor vehicle shall be parked or kept or stored on any premises, and no vehicle shall at any time be in a state of disrepair, major disassembly or in the process or being stripped or dismantled".(Inoperable Mercedes in driveway covered in debris and mold) (expired Florida tag V20 4PT expired 9/15) IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. (Overgrown weeds) Sec. 12-1 Nuisances(b) It is hereby declared to be a nuisance, the enumerations of which are merely indications of the nature of the type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (11) For any person or business to allow vegetation other than cultivated plants, shrubs or trees to exceed a height of more than twelve(12) inches on any developed lot, or within twenty(20) feet of any occupied residential property, business property or city right of way. (Excessive amounts of tree debris) This letter requests that the noted violations be corrected by removing the unlicensed Mercedes and mow and clean the premises within ten (10) days of the receipt of this notice. To avoid having this case be referred to the Code Enforcement Board, all listed violations on this notice must be in compliance on or before the date established by Atlantic Beach Code Enforcement. The Board may impose fines up to two hundred fifty($250.00) per day for Agenda Item #5.A. 05 Sep 2019 Page 40 of 304 continuing violations. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance. It is our goal to keep our neighborhoods looking well maintained while protecting property values and your cooperation in this matter is greatly appreciated. Please contact Atlantic Beach Code Enforcement at 904 247-5855 if you have any questions or need additional information. Sincerely, Deborah White CODE ENFORCEMENT OFFICER Page Number 2 August 31, 2016 Agenda Item #5.A. 05 Sep 2019 Page 41 of 304 J CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 1:2•(.).H19 PHONE (904) 247-5855 POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL CASE # 16-283 Pursuant to Chapter 162, Florida Statutes and Sec. 2-147, City of Atlantic Beach City Code of Ordinances, I, Deborah White, Code Enforcement Officer, City of Atlantic Beach, hereby affirm a Notice of Violation, a copy of which is attached,was mailed regular mail and was posted at the following 1 at.ons: 1) Date Posted: 3/ /6 67YLocation: 351 19TH ST J6..P. 2) Date Posted: I ` Jsbitti Location: ATLANTIC BEACH CITY HALL fit...!800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 ry jAlia-14 71/(i Deborah White, Code Enforcement Officer County of Duval State of Florida The foregoing Affidavit was acknowledged before me this?JI " day 201w by Deborah White,who is personally known ' me as Code Enforcement leer for the City of Atlantic Beach. Person taking acknowledgement: NotaryStam /Seal I 0 ,Stamp/Seal) Notary Pub ic, State of Florida 0 f: s GINDLESPERGER MY COMMISSION#FF 924951 EXPIRES:October 6,2019 P-- TONI gN 140,1%;.s Bonded Thru Notary Pubric Underwriters August 31, 2016 Agenda Item #5.A. 05 Sep 2019 Page 42 of 304 A4107,7 4'474 f ARP REQUEST FOR MP NOTICE OF HEARING LETTER DATE: 9"'///4 RE#: CASE #: lb 3 PROPERTY ADDRESS OF VIOLATION: 3/ 9 Sr` 0e% ui_S LEGAL DESCRIPTION: I U v Lq-eghL De - e tirl)'10 ki 64 L(-15-\b - '3'01A PROPERTY OWNER: A .--t-i digit._ 6(44- -/-e4ja, SEND CERTIFIED LETTER(S)TO: (Please check (Ai) and explain all that apply) ROPER OWNER AT: D ADDRESS (ABOVE) DIFFERENT MAILING ADDRESS AS FOLLOWS: TENANT, AT THE FOLLOWING ADDRESS: Tenant's Name) MEETING DATE: h - 1-/6 ATION( 7 ( Please the and explain all that a ply) IPMC AB CODE SECTION: A.40 r SLC-Gt ( 3 . t IPMC AB CODE SECTIO 30.2_ IPMC &{AB CODE SECTION: 01 ' / al IPMC AB CODE SECTION: IPMC AB CODE SECTION: IPMC AB CODE SECTION: SAME AS ATTACHED: NOTICE OF VIOLATION DATED: 1QOTICE OF HEARING DATED: ll— In—/ 4 Optional Section SPECIAL INSTRUCTION: Mail copy of Notice to Other: 35 of 43 Agenda Item #5.A. 05 Sep 2019 Page 43 of 304 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING September 15, 2016 CASE No. 16-283 CERTIFIED MAIL RETURN RECEIPT KENNETH ALLEN WEATHERBY REQUESTED: 351 19TH STREET 7012 2210 0001 1385 4043 ATLANTIC BEACH, 32233 Property Address: 351 19TH ST Atlantic Beach, Florida Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on Wednesday,November 9,2016,at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known as Selva Marina Unit 12-A Lot 13, RE#172020-1258. International Property Maintenance Code/City Code of Ordinances IPMC Sec.302.8 - Motor Vehicles "No inoperative or unlicensed motor vehicle shall be parked or kept or stored on any premises, and no vehicle shall at any time be in a state of disrepair, major disassembly or in the process or being stripped or dismantled". IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however,this term shall not include cultivated flowers and gardens. Sec. 12-1 Nuisances(b) It is hereby declared to be a nuisance, the enumerations of which are merely indications of the nature of the type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (11) For any person or business to allow vegetation other than cultivated plants, shrubs or trees to exceed a height of more than twelve(12) inches on any developed lot, or within twenty (20) feet of any occupied residential property, business property or city right of way. Agenda Item #5.A. 05 Sep 2019 Page 44 of 304 The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904)247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure,please contact Dayna Williams, Secretary of the Code Enforcement Board within five days of the receipt of this notice at (904) 247-5810. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ATTEST: Da r L. Williams, Secretary Deborah White, Code Enforcement Officer Notice of Hearing- Case#16-283 Page 2 of 2 Agenda Item #5.A. 05 Sep 2019 Page 45 of 304 neopost,° City ofCiAtlantic Beach 0911612016 5 rto, City Clerk's Officej444 US POSTAGE $06.46= 800 Seminole Road F. r Atlantic Beach,FL 32233 7012 2210 0001 1385 4043 y',*;'' ZIP 32233 11‘ iili - I:: •-_ _ 041 L11240734 0AKENNETHALLENWEATHERBY 351 19TH STREET ATLANTIC BEACH, 32233 NIXIE 322 DE 1 Dela/ie./1.6 RETURN TO SENDER I UNCLAIMED I UNABLE TO FORWARD 1 UNC 3C: 32233546199 2787-07939-18-2@ t 4 32233>s H 6 1 11111"llI'll'Ili111'1t1111 i"l"tl'll1'llIIIIIII'ltl'illi hiI.Agenda Item #5.A.05 Sep 2019Page 46 of 304 USPS.com®- USPS Tracking®Page 1 of 2 English Customer Service USPS Mobile Register r Sign In ALERT The Postal Service is monitoring the progress of Hurncane Matthew Check for updates on which service areas may be affected.Read More, I USPS.COM Still Have Questions? USPS Tracking® Browse our FAQs 7 J Get Easy Tracking Updates Sign up for My USPS. Tracking Number:70122210000113854043 Product & Tracking Information Available Actions Postal Product: Features: Certified Mail Text Updates DATE&TIME STATUS OF ITEM LOCATION Email Updates September 19,2016,4:15 Notice Left(No Authorized ATLANTIC pm Recipient Available) BEACH,FL 32233 We attempted to deliver your item at 4.15 pm on September 19,2016 in ATLANTIC BEACH.FL 32233 and a notice was left because an authorized recipient was not available. September 16.2016,10:33 Departed USPS Facility JACKSONVILLE.FL 32203 Pm September 16,2016,6:53 Arrived at USPS Facility JACKSONVILLE.FL 32203 Pm Track Another Package Manage Incoming Packages Tracking(or receipt)number an yourpackages from a dashboard No tracixng numbers necessary Track It Sign up for My LISPS, HELPFUL LINKS ON ABOUT USPS COM OTHER USPS SITES LEGAL INFORMATION Contact Us About USPS Home Business Customer Gateway Privacy Policy Srte Index Newsroom Postal Inspectors Terms of Use FAQs USPS Service Updates Inspector General FOIA Forms&Publications Postal Explorer No FEAR Act EEO Data Government Services National Postal Museum Careers Resources for Developers Copyng1 C 2016 USPS All Rights Reserved. https://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage&tLc=1&text28777=... 10/14/2016 Agenda Item #5.A. 05 Sep 2019 Page 47 of 304 t_Ly -. 1' k 9r CASE ACTION FORM Investigation#DATE: /(23///6, NAME: 4(.4_._ ...zt,c \(Corrke_L ADDRESS OF VIOLATION ka 7-7J? 7 Action Taken: e. . 1 zyt - il Compliance: I I I Agenda Item #5.A. 05 Sep 2019 Page 48 of 304 r LA/Pk f S) v,';',r CASE ACTION FORM 5//Investigation# DATE: / r NAME:lae---it-t-ZZC 17753 ADDRESS OF VIOLATION awl 1 "- c--e€21 Action Taken: 6- 6,,_ cs.„.._ Afr--",:z.,_ --k4,-1--- 7rYltf-tj Ie/4 . 0-1"--- 6-)S &...4.01.,..je...._ ..t. r 6, I Compliance: Agenda Item #5.A. 05 Sep 2019 Page 49 of 304 j_ yy 4ary n we CASE ACTION FORM Investigation# /O—2r3 DATE: p V 4 NAME: a ' ADDRESS OF VIOLATION 79/ 4 1 Action Taken: V' QA/ r7)..ri 0y, Compliance: Agenda Item #5.A. 05 Sep 2019 Page 50 of 304 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING October 17, 2016 CASE No. 16-283 POSTED ON PROPERTY AND ATLANTIC KENNETH ALLEN WEATHERBY BEACH CITY HALL 351 19TH STREET ATLANTIC BEACH, 32233 Property Address: 351 19TH ST Atlantic Beach,Florida Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on Wednesday, 11/9/2016, at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known as Selva Marina Unit 12-A Lot 13, RE#172020-1258. International Property Maintenance Code/City Code of Ordinances IPMC Sec.302.8 -Motor Vehicles "No inoperative or unlicensed motor vehicle shall be parked or kept or stored on any premises, and no vehicle shall at any time be in a state of disrepair, major disassembly or in the process or being stripped or dismantled". IPMC 302.4 Weeds.All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Sec. 12-1 Nuisances(b) It is hereby declared to be a nuisance,the enumerations of which are merely indications of the nature of the type of acts, occurrences and conditions,and shall not be deemed to be exclusive: (11) For any person or business to allow vegetation other than cultivated plants,shrubs or trees to exceed a height of more than twelve(12)inches on any developed lot, or within twenty(20) feet of any occupied residential property,business property or city right of way. Agenda Item #5.A. 05 Sep 2019 Page 51 of 304 The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904) 247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure,please contact Dayna Williams, Secretary of the Code Enforcement Board within five days of the receipt of this notice at (904) 247-5810. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ATTEST: WA42"1-1-/( >116 -1 Dayna L illiams, Secretary Deborah White, Code Enforcement Officer Agenda Item #5.A. 05 Sep 2019 Page 52 of 304 Jy ; iCITY OFATLANTIC BEACHv800SEMINOLEROADATLANTICBEACH,FL32233\ '- iJ;f 1r- ` PHONE (904)247-5855 POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL CASE # 16-283 Pursuant to Chapter 162,Florida Statutes and Sec. 2-147, City of Atlantic Beach City Code of Ordinances, I,Deborah White,Code Enforcement Officer, City of Atlantic Beach, hereby affirm a Notice of Hearing, a copy of which is attached,was mailed regular mail and was posted at the following locations: 1) Date Posted: /07/06 Location: 351 19TH ST 2) Date Posted: /c7//6 Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 J1{1414-4-4 I t.i Deborah White, Code Enforcement Officer County of Duval State of Florida The foregoing Affidavit was acknowledged before me this 1 / day of Dom' 2016, by Deborah White,who is personally known to me as Code Enforcement Officer for the City of Atlantic Beach. Person taking acknowledgement: l Notary Stamp/Seal) w4-- Notary b , State of Florida i67:::% MYCOMMISSION#FF 217841 EXPIRES:August 7,2019 R( ' Bonded Thru Notary Public Underwiters a Agenda Item #5.A. 05 Sep 2019 Page 53 of 304 Lt "Waftwoma 41k i : \ :.y ,V JAy b lAl L t 4 FF 1 ar , Ji. x ' 1"I , f• 4 X41 JAI It, IF IS It y r R_ ail \ I• L'11_"'' I _ ZO d \ ))) I I It I op III 1 f r 1!9 Agenda Item #5.A.05 Sep 2019Page 54 of 304 tr REQUEST FOR NOTICE OF HEARING LETTER DATE: 9/,/46 RE#: CASE#:lb _3 PROPERTY ADDRESS OF VIOLATION:9 S ne Araya LEGAL DESCRIPTION: M U _rz CoAL 1>e, AV)0 I{ PROPERTY OWNER: áZ2tLr^" SEND CERTIFIED LETTER(S)TO: (Please check(')and explain all that apply) ROPER WNER AT: CSS(ABOVE) DIFFERENT MAILING ADDRESS AS FOLLOWS: 0 TENANT, AT THE FOLLOWING ADDRESS: Tenant's Name) MEETING DATE: h _ 1,/6 e ATION(S): ' ease c i-and explain all that a ply) 02 IPMC 0 AB CODE SECTION: 7 "Liu L J IPMC 0 AB CODE SECTIO • Itl`' 3a.2 IPMC n AB CODE SECTION: IPMC 0 AB CODE SECTION: IPMC 0 AB CODE SECTION: IPMC 0 AB CODE SECTION: SAME AS ATTACHED: NOTICE OF VIOLATION DATED: ittlIOTICE OF HEARING DATED: /1— Optional Section SPECIAL INSTRUCTION: Mail copy of Notice to Other: 35 of 43 Agenda Item #5.A. 05 Sep 2019 Page 55 of 304 1 i JAS 4ef tis t) jr- of; '* CASE ACTION FORM Investigation# DATE: //' - NAME: ADDRESS OF VIOLATION Action Taken: 213 .57 Vs3.s-7-, 2ZK79' Compliance: Agenda Item #5.A. 05 Sep 2019 Page 56 of 304 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH,FLORIDA,Petitioner CASE NO. 16-283 vs. KENNETH ALLEN WEATHERBY FIRST CLASS AND 351 19TH ST CERTIFIED MAIL RETURN RECEIPT ATLANTIC BEACH, FL 32233 REQUESTED: 7012 2210 0001 1385 4296 Property Address: 351 19TH ST Atlantic Beach,FL Real Estate No. 172020-125 8 Legal Description: Selva Marina Unit 12-A Lot 13 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on November 9, 2016, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT 1) That the Respondent owns the property located at 351 19TH ST, Atlantic Beach, Florida. 2) That notice was posted and sent by certified mail and that Respondent was not present at the hearing. 3) That notification of the violations of the City of Atlantic Beach,weremade and served on the Respondent as evidenced in this hearing. Motor Vehicles IPMC Sec. 302.8 IPMC Sec. 302.4 Weeds Sec. 12-1 Nuisances (b) The aforementioned property shall be corrected by removing the inoperable vehicle from the premises and mowing and cleaning the yard. CONCLUSIONS OF LAW THAT the Respondent KENNETH ALLEN WEATHERBY is not in compliance and has failed to correct such violation as of this hearing date. Agenda Item #5.A. 05 Sep 2019 Page 57 of 304 ORDER Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach,Florida it is Ordered: THAT the Respondent is found in violation for non-compliance and must obtain compliance on or before November 21, 2016.. Failure to comply will result in fines of$200.00 for the first day and $200.00 for every day thereafter while the violation continues to exist. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. THAT the Respondent is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance. THAT failure to pay all accumulated fines will result in a lien being placed against the property at 351 19TH ST for the total assessment plus costs incurred for the filing of the lien. All lien amounts are to be made payable at an interest rate of ten (10) percent per annum from date of certification until paid. DONE AND ORDERED THIS November 9, 2016. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT BOARD ATTEST: dLiDayna I . Williams, Secretary By: Bamin de Luna, Chairman 90 Executed this 1O ` day of )1(9deiffe,ig. 2016. PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this order shall be filed in circuit court within thirty (30) days of this order's execution. Agenda Item #5.A. 05 Sep 2019 Page 58 of 304 r.:-.,,,n,.....„ ,,„ .. neop11os8t2V i - e 1101fi c 5 ti , 41 r" ,,, City of Atlantic Beach US POSTAGE $o6. Office of the City Clerk f.., 800 Seminole Road 7012 2210 0001 1385 4296 h"r. 7h ZIP 32233 r it yr Atlantic Beach,Florida 32233 das,{ .-+`.!' .' 041 L11240784 ID7 © 'LE ° V 1.!,,i," i M KENNETH ALLEN WEATHERBY DEC - 2016 `i I, 351 19TH STREET r*n r ATLANTIC B. 1 t iniv '*v •. nr. . C. a,"..zz ,144ee ke€!-97777-- -4e 3:....":.--'37-$4i4`r`ECLI':'f it+tltlli.0131l1t11F1til14ti;llYilliiiiiiil!!iEilliiti}Igfl Agenda Item #5.A.05 Sep 2019Page 59 of 304 04) ii :lit 4! AV! v— CEB Compliance Investigation Form Investigation#/lD- 3 Deadline of CEB Order: 4 t /0 Defendant/Owner: V Address: 3S7 i '7'i- Phone# Compliance/Status on Violations: 1 4.-- 41 Action Taken: Compliance: Legal Description:RE#: COMMENTS: F:\CEI3\Compliance Investigation Form.doe Oct 9 2009 Agenda Item #5.A. 05 Sep 2019 Page 60 of 304 07.T.7;p,',,# r( i r 7 CASE ACTION FORM Investigation # DATE: 006 NAME: 044(44 ADDRESS OF VIOLATION Ste(Sri Action Taken: J(^4(— l4YJh l 6 OP J1/2/v. J Compliance: Agenda Item #5.A. 05 Sep 2019 Page 61 of 304 b t. REQUEST FOR NOTICE OF HEARING LETTER DATE: tel4(1/4 RE#:_ 72,9 24-1 CASE#: 283 PROPERTY ADDRESS OF VIOLATION: 3r/ /914 LEGAL DESCRIPTION: l /5, &/ j' /44 f-7 4 t G(h,7 /2 11 PROPERTY OWNER: ,644e1-/ 4-e4 WciA / g 17 SEND5ERTIFIED LETTER(S)TO: (Please check ('1)and explain all that apply) 0 PROPERTY OWNER AT: ADDRESS (ABOVE) 0 DIFFERENT MAILING ADDRESS AS FOLLOWS: 0 TENANT, AT THE FOLLOWING ADDRESS: Tenant's Name) MEETING DATE: RE-INSPECTION DATE: VIOLATION(S): (Please check (J)and explain all that ap ly) IPMC: SECTION(S) Z - D C& 1B CODE: SECTION(S) SAME AS ATTACHED: 0 NOTICE OF VIOLATION DATED: 0 NOTICE OF HEARING DATED: REQUESTED REMEDY FOR COMPLIANCE: Optional Section SPECIAL INSTRUCTION: Mail copy of Notice to Other: 1 Agenda Item #5.A. 05 Sep 2019 Page 62 of 304 U.S. Postal Service CERTIFIED MAIL,, RECEIPT ff.Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com ru OFFICIAL USE Postage $ ENFORCEMENT BOARD ti Certified Fee TLANTIC BEACH, FLORIDA ru Poa TICE OF HEARINGReturnReceiptFee Endorsement Required) Restricted Delivery Fee CI (Endorsement Required) CASE No. 16-283 U, rR Total Postage&Fees $ ru CERTIFIED MAIL RETURN RECEIPT 0 Sent To tojeckaatsti REQUESTED: o sneet,Apt741o.;7006 2150 0002 2972 1589r- or PO Box No. c tt, State, .< 4011 Hort PS aurin 3 0(.Auy„,t 21)(P> Ficvcrsc tur 1,1,tractions Property Address: 351 19TH ST Atlantic Beach,Florida Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on Tuesday, January 10, 2017, at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known as Selva Marina Unit 12-A Lot 13, RE#172020-1258. International Property Maintenance Code/City Code of Ordinances IPMC Sec.302.8 - Motor Vehicles "No inoperative or unlicensed motor vehicle shall be parked or kept or stored on any premises,and no vehicle shall at any time be in a state of disrepair, major disassembly or in the process or being stripped or dismantled”. The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904) 247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure,please contact Dayna Williams, Secretary of the Code Enforcement Board within five days of the receipt of this notice at(904) 247-5810. 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. Agenda Item #5.A. 05 Sep 2019 Page 63 of 304 A'1TEST: dii/4411410a/tAYC Dayna L. Williams, Secretary Deborah White Code Enforcement Officer Notice of Hearing-Case#16-283 Page 2 of 2 Agenda Item #5.A. 05 Sep 2019 Page 64 of 304 VCli I1rICU 1YIHIL,, .. eopost' Rf 12108/2016sPOSTAL ,, $ j . 3- Gi "'+'t y City of Atlantic Beach r, • 'p 32233 u Office of the City Clerk 7006 2150 0002 2972 1589 w E}41L11240784 411 :- gtl Seminole Road a s Atlantic Beach, Florida 32233 P Vp' KENNETH ALLEN WEATHERBY n 351 19TH STREET V ATLANTIC BEACU 111111.; _ ` 17.-77. : M: r-'- n.;.:;;".Sr _47 :G Lir ..w. 1,1;:::: u F . .,`-c,, Agra=i TO t-,OR wikkV 3C` 322' 3z m€'fb5315-3.3285-6,-152 rte o t Z44$4-S4 CO2 i:;'.hili'i'ili'°ii3i`it'Iii::11itl;1i:ll"i i tkii1" i't' i1i Agenda Item #5.A.05 Sep 2019Page 65 of 304 CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH,FLORIDA NOTICE OF HEARING December 27, 2016 CASE No. 16-283 POSTED ON PROPERTY AND ATLANTIC KENNETH ALLEN WEATHERBY BEACH CITY HALL 351 19TH ST ATLANTIC BEACH, FL 32233 Property Address: 351 19TH ST Atlantic Beach,Florida Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on Tuesday, January 10, 2017, at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known as Selva Marina Unit 12-A Lot 13, RE#172020-1258. International Property Maintenance Code/City Code of Ordinances IPMC Sec.302.8 -Motor Vehicles "No inoperative or unlicensed motor vehicle shall be parked or kept or stored on any premises, and no vehicle shall at any time be in a state of disrepair, major disassembly or in the process or being stripped or dismantled". The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and 500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904)247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure,please contact Dayna Williams, Secretary of the Code Enforcement Board within five days of the receipt of this notice at (904) 247-5810. 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. Agenda Item #5.A. 05 Sep 2019 Page 66 of 304 A 1"1hST: Dayna illiams, Secretary Deborah White, Code Enforcement Officer Agenda Item #5.A. 05 Sep 2019 Page 67 of 304 fly p)F FNFORCEMEN r BOARDAr1ANTI(' BEACH. FLORIT)ANO11(F OF HF.4RINGIhtahcr ?. 7gllit ASP No. 16.11) KI \\ I " I At LFN WI A IIIfRIIy75tFr)rn Sf POS -I F.D ON PRO !"I:.RTY AND1ILANTIC- BE %( II ( IIY 11.41.1, ATLA.NTI(' REA(yI. FI. )227 7 Prnperfy Address: 751 14111 S f tlanrk Fkac6, Florida1)Onr Reslrmdrnf The ('ode F:'n( exists tit Board of the ('ny of Atlantic Beach wa, cra97odStatmaaandexistsfir: the purpaxe of facthtating the enlhr, r}man.ey It t cum P wam err a4ams pn sot of sevrn ahzeoa of Atlantic Beach wha, ttnent r>f the ('arie „tofa>de vudanon. MW regularly rn hear You 7><uonrnt Bolyd hereby To sdayarol ordered to appear at the next puhhc he anna ul , . ( nk Fnf unttnissi n (7tamher, g()() S ' Janole Road, 10, 2017. at 6:00 pm at .Ail rr,tic Beach r nolalior a,n fire to answer and 6e v Fldtt, property known as Selva Manna knit 12-A W 13, il.ol'rCr !I;sR alleged 1ntc7natio_naj_Prr_'Ren, Maip1 Code a!P[ dtnattoe, IPM(' Sec 3028 " Motor Vehicle% "No inoperative or unlicensed rr7o major drsaasemhly an in tor YPlarkWitcleshallbe adorkeptorslorodonanyPrcmrses, and no vehicle %hdll at any time be in a stale u dtuepnr, the pnx;css or Feting stnppad or dtsmanded". the ("Ke Lrifurcernent hoard may Icrvy fin" up to S2SI) oi) per day for the fust Ytolanon and55711).") Per day tor a repeal vinfanam- If the emlanon n uarrecled and then reales or it the11 (P I ori wrrcetell by the time specified for correction by the ('irk Fnfiircernrnt Officer, the uax u.uld he prescntaf h) the ('rule Fnturccincnt HALdld even it the lrnldoun ha, Anala:orrel ted prior to the Ifodnl hc.army 1 pito aumplcnng the .rrrccrr.c ditiinr rel; net, i, tourresponsibilityt„ ruulact Afldntic !teach ('ante I 11,11cemcut mid drrutecverilycumplraraccatOXW) 747 SNSti fur do m.punun to You have the right W hWin do anumcv at your own cxperoc durd tr- prevent w,mc%wc ;nYourbehalfIfyoude7uretoha.c wune,W, ,ublrnnxd of it sou hate y c.i,u, •c, udrng rhep""dull"' please cuntdcl llayna N rlhmn, lecrel.0 •. if the r Idc I nfurcco;eso H,•ard avrthia five days of rhe recatipl "Rhes noucc tit I'/rW) 747. 5810 Please note the pucsawc kit d court rep,rternthepurpoeeoflnsunngavrifadnnurecordinthec;cnt in dpfq:dl-h,tu!d tic .ct,urcd it your Agenda Item #5.A.05 Sep 2019Page 68 of 304 C_.r511_ CITY OF ATLANTIC BEACH z 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 01-119'" PHONE (904) 247-5855 POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL CASE# 16-283 Pursuant to Chapter 162,Florida Statutes and Sec.2-147, City of Atlantic Beach City Code of Ordinances,I,Deborah White, Code Enforcement Officer,City of Atlantic Beach, hereby affirm a Notice of Hearing,a copy of which is attached,was mailed regular mail and was posted at the following locations: 1) Date Posted: 12 17 20 /° Location: 351 19TH ST 2) Date Posted: / 20/'x' 2 Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 atek--zo-Z -1,44.-&- Deborah White, Code Enforcement Officer County of Duval State of Florida ritt The foregoing Affidavit was acknowledged before me this 71 day of)eemetR 2016, by Deborah White,who is personally known to me as Code Enforcement Officer for the City of Atlantic Beach. Person taking acknowledgement: Notary Stamp/Seal) W, .,,1, Notary Pu ic, State of Florida 414,.. .. DAYNA H.WIWAMS t t :.:: MY COMMISSION#FF 217841 ` yW EXPIRES:August 7,2019 4!„fhos Bonded Thru Notary Public Underwriters Agenda Item #5.A. 05 Sep 2019 Page 69 of 304 Case History Report For Case ID: 16-283 Report generated on Jan 3, 2017 3:29:29 PM Page 1 Case Type: RESIDENTIAL Alternate Description: complaint on inoperable mercedes Case Status: AC.l1VE Last Status Change Date:07/25/2016 Case Manager:DEBORAH WHITE Case Origination: CITIZEN COMPLAINT Case Created Date: 07/25/2016 Visibility: Public Case Established Date: 07/25/2016 Primary Address: 351 19TH ST ATLANTIC BEACH, FL 32233 Location ID: 1022 Case Notes Stop Work Note Category Date Order RECOMMENDATION: Staff recommends the Board find the property owner in violation Special 10/25/2016 N and order that compliance be achieved by removing the inoperable vehicle from the premises and mowing and cleaning the yard by November 21,2016 or a fine of$200.00 be imposed for the first day and$ 200.00 for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Related Parti Name Related Party Address Address Phone Phone Type Type Number Type KENNETH ALLEN PROPERTY OWNER 351 19TH ST ATLANTIC BEACH,Florida Mailing Hist32233 s Initial Violation Established Date Resolved Date Violation Status Short Description Violation Street Address Motor Vehide-IPMC Sec.302.8 07/25/2016 ACTIVE Mercedes inoperable 351 19TH ST Nuisance-Overgrown-Sec 12-1(11) 07/25/2016 ACTIVE excessive amounts of tree debris 351 19TH ST REC-Recommendation CEB 07/25/2016 ACTIVE 1-3-2017 351 19TH ST Weeds-IPMC Sec.302.4 07/25/2016 ACTIVE Tall weeds rear yard,debris 351 1971-1ST CODE BOARD MEETINGS Scheduled Start Date Calendar Type 01/10/2017 Meeting Server Name: atlb-ponsrp001.atlb.doud.lcl User Name:CLOUDVweidley Agenda Item #5.A. 05 Sep 2019 Page 70 of 304 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD m o o a ORDERC_ g0 ° * O Z'm O. ^) X-1- fl N O p'<c a D m O_N v CITY OF ATLANTIC BEACH, FLORIDA, Petitioner CASE NO. 16-283 0 ` NN^J co mo w VS. o p P 00 Xw KENNETH ALLEN WEATHERBY FIRST CLASS AND 351 19TH ST CERTIFIED MAIL RETURN RECEIPT 0 o aATLANTICBEACH,FL 32233 REQUESTED: c70122210000113854517 gRespondent Property Address: 351 19TH ST Atlantic Beach,FL Real Estate No. 172020-1258 Legal Description: Selva Marina Unit 12-A Lot 13 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on January 10, 2017, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT 1) That the Respondent owns the property located at 351 19TH ST, Atlantic Beach, Florida. 2) That notice was posted and sent by certified mail and that Respondent was not present at the hearing. 3) That notification of the violations of the City of Atlantic Beach, were made and served on the Respondent as evidenced in this hearing. Motor Vehicle IPMC Sec. 302.8 CONCLUSIONS OF LAW THAT the Respondent is not in compliance and has failed to comply with the Code Enforcement Board Order of November 9,2016. 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: Agenda Item #5.A. 05 Sep 2019 Page 71 of 304 THAT the Respondent is found in violation for non-compliance and a fine of$200.00 per day is imposed commencing November 22, 2016 and $200.00 every day thereafter the violation continues to exist. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. THAT the Respondent is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance. THAT failure to pay all accumulated fines will result in a lien being placed against the property at 351 19TH ST for the total assessment plus costs incurred for the filing of the lien. All lien amounts are to be made payable at an interest rate of ten (10) percent per annum from date of certification until paid. DONE AND ORDERED THIS January 10,2017. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ATTEST: 1Dayna . Williams, Secretary By: Be ' in de Luna, Chairman Executed this lg" day ofwt.t 2017. PLEASE NOTE: Florida Statutes, 1 Section 162.11, states that an appeal of this order shall be filed in circuit court STATE OF FLORIDA DUVAL COUNTY within thirty (30) days of this order' sthe Duval ig"ed City Clerk for the Cityof Atlantic Beach,County,Florida,do hereby oertlly the within andexecution. aapon reed f the City of Ata Beach, Ftr3hure•Wtengiorldd cn474 o a1 of dila I6041 day of :.: /.A. 20 ell/ I 1 ie r a+ Agenda Item #5.A. 05 Sep 2019 Page 72 of 304 Page 1 of 2 6.J 1111111 I I I I 111111111111111111111 IIDI 1111bCuipG 'Y i7t -4P.0 Print Date: Transaction 1/19/2017 3:41:56 PM 3180762 Receipt #: 3089316 Ronnie Fussell Cashier Clerk Circuit Court Date: 1/19/2017 Duval County3:41:54 PM 501 West Adams St RM 1051 KJEWELL) Jacksonville, FL 32202 904) 255-2000 Customer Information Transaction Information Payment Summary DateReceived: 01/19/2017 Source Code: BEACH 0 CITY OF ATLANTIC BEACH Q Code: BEACH Return Code: Over the Total Fees 55.50 Counter Total Payments $55.50 Trans Type: Recording Agent Ref Num: 1 Payments II nriCASH 55.50 3 Recorded Items 1= BK/PG: 17849/1543 CFN:2017014772 EMI (LN) LIEN Date:1/19/2017 3:41:52 PM From: ATLANTIC BEACH CITY OF To: SCOTT WAYNE DOUGLAS INDEXING 2 0.00 RECORDING 2 18.50 R BK/PG: 17849/1545 CFN:2017014773 LN) LIEN Date:1/19/2017 3:41:52 PM From: ATLANTIC BEACH CITY OF To: WEATHERBY KENNETH ALLEN INDEXING 2 0.00 RECORDING 2 18.50 I (LN) LIEN BK/PG: 17849/1547 CFN:2017014774 Date:1/19/2017 3:41:52 PM file:///C:/Program%20Files/RecordingModule/default.htm 1/19/2017 Agenda Item #5.A. 05 Sep 2019 Page 73 of 304 Page 2 of 2 From: ATLANTIC BEACH CITY OF To: C BASS MORTGAGE LOAN ASSET BACKED CERTIFICATES INDEXING 2 0.00 RECORDING 2 18.50 0 Search Items 0 Miscellaneous Items file:///C:/Program%20Files/RecordingModule/default.htm 1/19/2017 Agenda Item #5.A. 05 Sep 2019 Page 74 of 304 Doc # 2017083067, OR BK 17941 Page 2108, Number Pages: 1, Recorded 04/ 11/2017 10:44 AM, Ronnie Fussell CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $0.00 16-2017-CA-002338-)0 -MA FC-G Filing# 54893784 E-Filed 04/11/2017 08:57:42 AM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY,FLORIDA CIVIL ACTION THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS SUCCESSOR INDENTURE TRUSTEE TO JPMORGAN CHASE BANK, N.A., AS INDENTURE TRUSTEE FOR THE CWABS REVOLVING HOME EQUITY LOAN TRUST,SERIES 20044, Phdntif, vs. CASE NO.: DIVISION: KENNETH ALLEN WEATHERBY A/K/A KENNETH A. WEATHERBY; CITY OF ATLANTIC BEACH, FLORIDA; UNITED STATES OF AMERICA, DEPARTMENT OF TREASURY; ANY AND ALL UNKNOWN PARTIES CLAIMING BY,THROUGH,UNDER,AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE,WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES,HEIRS,DEVISEES,GRANTEES, OR OTHER CLAIMANTS;UNKNOWN PARTY#1, UNKNOWN PARTY#2, UNKNOWN PARTY#3,and UNKNOWN PARTY#4 the names being fictitious to account for parties in possession Defendant(s). NOTICE OF LIS PENDENS To the above-named Defendant(s)and all others whom it may concern: You are notified of the institution of this action by The Bank of New York Mellon Vida The Bank of New York,as Successor Indenture Trustee to JPMorgan Chase Bank,NA,as Indenture Trustee for the CWABS Revolving Home Equity Loan Trust,Series 2004-J,against you seeking to foreclose a mortgage on the following property in Duval County,Florida: LOT 13,SELVA MARINA,UNIT NO.12-A,AS PER PLAT THEREOF,RECORDED IN PLAT BOOK 36,PAGE 64,OF THE PUBLIC RECORDS OF DUVAL COUNTY,FLORIDA. A/K/A 351 19TH SIREET EAC H,FL 32233 Dated this 1 day of h \ 2017. Albertelli Law P.O.Box 2302: Tampa,Flo!' a 33 23 813) 221 • 43 Eservice: •rvealaw . bertelli w.com By:A SH " s""",ESQ FLO r A BAR NO.112657,,, KL-17-003219-T10005 s ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 04/11/2017 10:36:23 AM Agenda Item #5.A. 05 Sep 2019 Page 75 of 304 01,,,,,,,:,.. 4., i . CITY OF ATLANTIC BEACH 4, _.. 800 SEMINOLE ROAD iii r ATLANTIC BEACH,FL 32233 PHONE (904) 247-5800 AFFIDAVIT OF COMPLIANCE I, Deborah White, Code Enforcement Officer for the City of Atlantic Beach Code Enforcement Division, verify that the property referenced below was inspected on 11/13/2017 and is now in compliance: CASE NUMBER: 16-283 PROPERTY ADDRESS: 351 19TH ST REAL ESTATE NUMBER: 172020 1258 OWNER OF RECORD WHOSE NAME AND MAILING ADDRESS IS: Kenneth A. Weatherby 351 19`h ST,ATLANTIC BEACH, FLORIDA 32233 61/.7 t 47/ IX., Date I, Signature COUNTY OF DUVAL STATE OF FLORIDA I, / /A-- zs a Notary Public of the County and State aforesaid, WherebycertifythatDeborahhitepersonally known to me to be the affiant in the foregoing affidavit, personally appeared before me this day and having been by me duly sworn deposes and says that the facts set forth in the above affidavit are true and correct. Witness my hand and official seal this the 13 day of Qu, j , O i 7 r.=IONI Gi" LESPERGERrrwir M`!COMMISSION#FF 924951 fi..., EXPIRES:October 6,2919 705°,',''. Bonded Thru Notary Public UnderHrters Notary Public,State of Florida Agenda Item #5.A. 05 Sep 2019 Page 76 of 304 J ./ , r\l ` r moi/ '• " 7-7,74,"-':'1;:i'-r:'-1 I ) t 1` 1; 4e. 1 _ 4,;(k/ / 10 A " 1.:1. 7"- f/ • ;,4,-. -,. '4.4 - ••• ''' F\ i 1. If•'•_•r: ..1- '' •••/ 'I. M1't•: 1 - :t1r' I f 4ya , x r7 r/'. y l1!'. T ' i ti v1\!J• @ ', , mow. 1 - '- tiV. f ` i1A - ]Jk Tis 'i. ' I`' 1Y•+•t II' 1wsJti1'- 11 , h? y\\ . f ^• A} l. x•, :,i+' a'l.•„' 4 .i t; k,.,.r, f./ b, G ' y ,, t ' .! 4 Ityr 1 ? ! r 'j''xlifr :'\rYl. fe. rl '+ ally—; I .{l' t .. 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"1i .L-' +:._,, s rrt,,,4 k+i ,;r ., J 47, 1?; A^ it ' •.,,ii. yA' y T, ' ;!1 V,r4.4 , rW+.i., ieA ,' Ig"'• • , • +,...% tt`tf.' 4 ••"! J4: q+, • ,, i+. 44 • ',,•;-','s1ai....„- -- • + W'''' ;? • 01.,•• }, i& 0 y ` ,. 7, 3' rI' A .:,rt.f;:: 41'Y...,:,.•:. ',.i.,..,14.";;.,. ,Lf . .e.,,,,.. ...--1L . ie- M1, r`, •.Ii ,t Agenda Item #5.A.05 Sep 2019Page 77 of 304 y'''r CITY OF ATLANTIC BEACH ir 800 SEMINOLE ROAD 9 i ATLANTIC BEACH,FL 32233 J v PHONE (904)247-5800 771-0.219%.-- February p,319r February 6, 2019 Kenneth Weatherby 351 19th St. Atlantic Beach, FL 32233 RE: Code Enforcement Fines -351 19th St. Case#16-283 Dear Property Owner: This letter is notification that there is a Code Enforcement Fine and Lien on your property referenced above. Fine accruing at two hundred dollars ($200)per day. Fine, interest, and lien recording fee accrued thru today: $86,945.11 Interest will continue to accrue at 10%per year until the fine has been paid in full. If you have any questions or need additional information,please feel free to contact me at 904-247- 5855. Sincerely, a„ ,.cia___c).A., ,,,,_ Angela 'zany Code Enforcement Officer Agenda Item #5.A. 05 Sep 2019 Page 78 of 304 CITY OF ATLANTIC BEACH,FLORIDA NOTICE OF HEARING TO CONSIDER REDUCTION OF FINES May 31,2019 CASE No. 16-283 Kenneth Allen Weatherby CERTIFIED MAIL RETURN RECEIPT 351 19th Street REQUESTED: 70171000000069911657 Atlantic Beach,FL 32233 Property Address: 351 19th Street Case Number: #16-283 Atlantic Beach,Florida Real Estate Number: 172020-1258 Legal Description: Selva Marina Unit 12-A Lot 13 Dear Respondent: As per your request, you are notified to appear at the next public hearing of the City of Atlantic Beach Special Magistrate on July 11, 2019 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road,to be heard in reference to the current fines and lien on 351 19TH STREET,RE#172020- 1258. You must be present at the Hearing or your case will not be heard. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact Lori Diaz, Secretary of the Code Enforcement Board within five days of the receipt of this notice at(904) 247-5810.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. A!TEST: r I 1 Lo I s , ;- Angela a: ,Code Enfor - Offi r,6 U.S. Postal Service CERTIFIED MAIL RECEIPT lDomestic Mail Only For delivery informationvisit our website at www.usps corn1-1 FFICaL USE. Q' Certified Melt Fes 0• S 0 Extra Services&Fees Ow*box.add Ise a appranrrd Reese Receipt(unstraps) $ D Renin Receipt(electronic) $ Postmark 0 certified Mali Restricted Delivery $Here D Adult Ripener*Required S Adult Indenture Restricted Delivery O Postage Total Postage and Fees r-1 N sent ToW f f 92 D Sweet and Apt.No.,orP BoxFfo. v r- biry,&ate,21P+44 PS Form 3800,April 2015•-•, • :0.: •-:' See Reverse for Instructions Agenda Item #5.A. 05 Sep 2019 Page 79 of 304 Irizarry,Angela From: Alan Winter <awinter@winterlawfirm.com> Sent: Monday, July 01, 2019 12: 12 PM To: Irizarry,Angela Subject: RE: CASE: 351 19th Street, AB, FL Ms. Irizarry: Thank you for this.Then my request is that we be placed on the docket for September 05 and I will insure that my client and I will be in attendance and ready for the hearing. Thank you. W. Alan Winter, Esquire c/o The Winter Law Firm 310 Third Street Neptune Beach, Florida, 32266 904)242-0222 Email:awinter@winterlawfirm.com From: Irizarry,Angela<alrizarry@coab.us> Sent: Monday,July 1, 2019 12:05 PM To: Diaz, Lori<Idiaz@coab.us> Cc:Alan Winter<awinter@winterlawfirm.com> Subject: RE: CASE: 351 19th Street, AB, FL Mr. Winter, I apologize for not responding sooner. Since the Owner requested this meeting, I have no issues with moving it to a later date.The next regularly scheduled meeting will be held on September 5`h From: Diaz, Lori Sent: Monday,July 01, 2019 10:23 AM To: Irizarry,Angela <alrizarry@coab.us> Cc:Alan Winter<awinter@winterlawfirm.com> Subject: FW: CASE: 351 19th Street, AB, FL Yes,will do it now. From:Alan Winter [mailto:awinter@winterlawfirm.com] Sent: Monday,July 01,2019 10:07 AM To: Diaz, Lori<Idiaz@coab.us> Subject: RE: CASE: 351 19th Street, AB, FL Ms. Diaz: I have not heard from her yet. I just want to make certain that everyone that needs to be at the hearing, can be at the hearing. Can you please remind her that I am awaiting a decision. 1 Agenda Item #5.A. 05 Sep 2019 Page 80 of 304 Thank you. W. Alan Winter, Esquire c/o The Winter Law Firm 310 Third Street Neptune Beach, Florida,32266 904)242-0222 Email:awinter@winterlawfirm.com From: Diaz, Lori<Idiaz@coab.us> Sent: Monday,July 1, 2019 9:43 AM To:Alan Winter<awinter@winterlawfirm.com> Subject: RE:CASE: 351 19th Street,AB, FL Hello, I relayed your message to the Code Enforcement Officer and she told me she would email you and let you know it is fine to reset hearing date. Did you hear from her yet? Thank you, Lori Diaz, Records Clerk From:Alan Winter[mailto:awinter@winterlawfirm.com] Sent:Thursday,June 27,2019 6:56 PM To: Diaz, Lori<Idiaz@coab.us> Subject: Re: CASE: 351 19th Street,AB, FL Did you get my request about the time conflict? Get Outlook for iOS From: Diaz, Lori<Idiaz@coab.us> Sent:Thursday,June 27,2019 5:09:31 PM To:Alan Winter Cc: Bartle, Donna Subject: RE:CASE: 351 19th Street,AB, FL Attorney Winter, I apologize for the delay. Below is a link to records responsive to the attached request.. If you have trouble opening or viewing let me know. Thank you. 351 19th Street deni Deep' Lori Diaz, Records Clerk City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 O:(904)247-5810 F: (904) 247-5846 2 Agenda Item #5.A. 05 Sep 2019 Page 81 of 304 Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. 3 Agenda Item #5.A. 05 Sep 2019 Page 82 of 304 CITY OF ATLANTIC BEACH,FLORIDA NOTICE OF HEARING TO CONSIDER REDUCTION OF FINES July 26,2019 CASE No. 16-283 Kenneth Allen Weatherby CERTIFIED MAIL RETURN RECEIPT 351 19th Street REQUESTED: 70171000000069911558 Atlantic Beach,FL 32233 Property Address: 351 19th Street Case Number:#16-283 Atlantic Beach,Florida Real Estate Number: 172020-1258 Legal Description: Selva Marina Unit 12-A Lot 13 Dear Respondent: As per your request,you are notified to appear at the next public hearing of the City of Atlantic Beach Code Enforcement Special Magistrate on September 5,2019 at 2:00 pm at Atlantic Beach City Hall,Commission Chamber,800 Seminole Road,to be heard in reference to the current fines and lien on 351 19TH STREET, RE#172020-1258. You must be present at the Hearing or your case will not be heard. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact Lori Diaz, Records Clerk within five days of the receipt of this notice at(904) 247-5810. 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. A[TEST:EST: 110 6.41 Lori Diaz,Records Clerk Angela Ir 41k. ,Code Enforce ffic Agenda Item #5.A. 05 Sep 2019 Page 83 of 304 0"--'`4»,.. riRs7-car,: _,,,,,A; tic Beach, Florida 32233 City of Atlantic Beach 1111.;,11 sr 71,illIII10t. 10.0.tviti a 800 Seminole Road so G A'ah JO.00 07G. V9y NI 7017 1000 0000 6991 041M1 229296354 40&, Kenneth Allen-- AVaitic 9E 351 19'Street I XI _ 322 1 72eS 1.a/1.9 ii Atlantic Beach, FL 32233 RE T U wR. f TO M' LENDER if 5 V d L A.L\moi E\!' d,.1 r 2-23?"Z1V-'il'Pg441 111111'1511\t Y111101.11Y1111 i\.1111111'4a,1 1111111\111\,111.A1 i Agenda Item #5.A.05 Sep 2019Page 84 of 304 Winter Law Firm PROFESSIONAL ASSOCIATION 310 THIRD STREET NEPTUNE BEACH, FLORIDA 32266 W ALAN WINTER TELEPHONE(904)242-0222 awinter@winterlawfirm.com FAX(904)242-7051 Tuesday, July 30, 2019 Angela Irizarry, Code Enforcement Officer City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Re: Case: City of Atlantic Beach v Weatherby Claim No.: 351 19th Street, AB, FL Case No.: 16-283 WAW File No.:110.19027 Date of Loss: RE #172020-1258 Dear Ms. Irizarry: This firm has the pleasure of representing Mr. Kenneth Allen Weatherby in the referenced matter. It is my unfortunate task to advise you that Mr. Weatherby succumbed to a heart attack on July 14, 2019 while in The Bahamas with friends. Mr. Weatherby died as a result of the heart attack. A copy of his death certificate is attached to this letter. Mr. Weatherby was survived by one daughter and a granddaughter. Mr. Weatherby's daughter has told me that it is her intention to sell the property located in Atlantic Beach as part of the probate of his estate. Obviously, if this property is saddled with a large lien, it will be much harder to sell the property and allow it to pass to a new owner who will be interested in improving the property. It is the purpose of this letter to ask the City of Atlantic Beach to extend equities in this case and consider either dismissing the case or, in the alternative, considering a substantial reduction of the outstanding claim. Mr. Weatherby was a personal friend of mine and I know he loved Atlantic Beach, Florida. If you would like to discuss this case and Mr. Weatherby's passing, I will make myself available. I would like to see if the City could resolve this claim well in advance of the hearing scheduled for September 05, 2019. Page 1 of 2 Agenda Item #5.A. 05 Sep 2019 Page 85 of 304 Thanking you in advance for your prompt co,sid ration of this matter. Since - , , 4 W. Alan Winter, ,quire Fla. Bar No. 398713 WAW/rd Enclosure: Death certificate Cc:Kate L. Weatherby, daughter Page 2 of 2 Winterinter .Law Firm Agenda Item #5.A. 05 Sep 2019 Page 86 of 304 11, Ca. circ1' 11• t+1,3Oat1,e,C1?i1 000-aqv r// —7)2, -7 oil), yl, lotupPili'041,tttmnlullAtli'11iZs`Iu•Ict)(I4 ,1n,,{II,,1jI ,,..,1.,IiLu! ‘ii-w, 1 r1,1tkL ))111I,JO01()miltIA1 77._ SNIII4Ii;)Cl\ )li)ti_NIIII ):l)IH{I_, rl,ua))1ayttluy.,l(1 )•i`It'IJnt1u. p.c.I.,?lft•114I.1')1I+II:INI.- h44li1IOl\(ll1l Ltillillll\ III4111HIL)I)(?I( N\ Ill4IdIIIei , i, U “,iii, 4444K)CINb ,1N::101IJ.\l'SSII4.1ll)_t.)N11 )41UI\(INV\\ IN,l.)i)J)J()_) 1111111 \\ (111.!silts411I NYI.)11)4( t1Vttt(u)u1a}4 IitiIIIII\ ?IIN1IIIII\ I11NtII\4V'(l) t)tett+„ui,r1 Ni,1111'111( -11KI11\\t!N4 kiAlIIIISIII1II1OIill?IIUIt`,o1VI,ICIImy,t(IItv1,, 1:A+)41\ IllIV'11lll,l)i`1:)I SInultp,)IClnn14• ) • lLII4,1,(1I4 „;NNTuK1s1 ht'-..,,` 11111~111 ti'SI?I(1(1% y1541I..1)n44 :nc,I1.,I1.1 .111/\IIII'' ) t, IV1111\1IRINV1111A\ 'S1''I1III "s" 11111V "I‘NI"II1 ) INO,-II ),htNV1\,h.,Ail,h,A11,1 !11" 111% VIiuvis1v1 aa(tln\ )4444h4( I.,,I star«tits I)II\1%nOPOI'SHMIs sac -.. 1rIMunn )I1,;q`1)\41U11451 WHIN11l.4.411'4414'11'1\ 1mIvo)) 1tIti%Itlcotytl'\ 11',11 , S Ii(MP1IIJ1j1•1111.1)1l?I\ )IIII\ III 111\' 444 )I1r„•; 141. 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Agenda Item #5.A. 05 Sep 2019 Page 87 of 304 Winter Law Firm PROFESSIONAL ASSOCIATION 310 THIRD STREET NEPTUNE BEACH, FLORIDA 32266 W ALAN WINTER TELEPHONE(904)242-0222 awinter winterlawfirm.com FAX(904)242-7051 Tuesday, August 20, 2019 DECEIVED Angela Irizarry, Code Enforcement Officer AUG 2 6 2019 City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Re: Case: City of Atlantic Beach v Weatherby Claim No.: 351 19th Street, AB, FL Case No.: 16-283 WAW File No.:110.19027 Date of Loss: RE #172020-1258 Dear Ms. Irizarry: This firm has the pleasure of representing Mr. Kenneth Allen Weatherby in the referenced matter. I have previously forwarded to you Mr. Weatherby's death certificate in my prior letter. It was my hope that we could discuss this matter prior to our hearing in September. Obviously, Mr. Weatherby's ability to argue for a reduction of the lien was extinguished when he passed. I am simply asking the City of Atlantic Beach to consider the merits of reducing the lien so that the estate can sell the house quickly to a new owner who would upgrade the property. If invited, I would like to come to your office and discuss this matter prior to the scheduled hearing. Thanking you in advan : for your prompt consideration of this matter. Since = , W. Alan Winter, Esquire Fla. Bar No.398713 WAW/rd Enclosure: Death certificate Cc:Kate L. Weatherby, daughter Page 1 of 1 Agenda Item #5.A. 05 Sep 2019 Page 88 of 304 1- -=‘ •,- •,' --',',... - ' `, '1- '--•,-.'":',"- -;''''''',''' ..' `' 0 I It UI t,INI It 1IIIIN t I IZI II D II t Itill CII I \ IR\ IN RI I.I",I I It III DI i I II ., III k t \'t II INI l.\1\.I ii)\ Nut zutlit I NO Ul ,, NI\I II, II I)II '', i ', i • ,:- I Its( NiiitIt' l',1 N''‘} Hi t `1 L II, I)I/II ' I.,', 1,,i 1%liddle NtInics:NI I I \It tii I ililt 6 t Ili/CW.11111 t mit kt\I lit .,1 1,0 tI.)I st,tito. I, ,, .,I 4/4 llv ., ,lu l', i 1'111E4'VII IVAtik:I\ Ks- Ail il\RI It)t 1„ III(111),11 I. 1 kil \I III i \IO III.irlytil 4 1 1 q'lliti 0 0 1)1,11It i Vit\ti tat: 11,,J„i jai N411 Isiiirt(1: I siltoi St.tte%tit AllI4.1116 ----- INIrind:Als,t,,,,=I..titilito: rot SI INI.111,t NI I,!ION 0 - Slit 11,1114 t 0 !hi 1 ‘ III) NI \I( ( sI\I i. 111ZioN\K\ \III/ I< I I lit 0,1`, k\Wit \Id)1(II\il Li \I \0 t t t Itt,tit. l'Irs•ot.I Ili: III ItItt, I/14141N,, IIIIOrl: 111 Not 1'w\ttictRA' I 4)tiiiii II[1\I \I \II f)I \KIK I 1 \Is \lit I RI sl III NI\ 0,11)N1N1 \I III I!NI R\I III)\I( N , LIZ Ill IAN II 1 CINI SS ANI)NIII I-Nil NO'()t IIII,,`II \II MI NI ANI)t)1 1111 III 111 1 )II I HI,. ,:f,1 I)\,) (II III ) :14)1(,} i*I1 kl""COICbllotik+,7,'if elid,4 t)NC 0 ol All lk(1 II)lilt'fk'ohic I of dt Jill, I MCI(,k1 N,1\N.111, I II C ti.111,111C.is ILII ' ;Id Wit 01 ir--,-1/4----t i:r.,'1,4 tt 1“..fic.1,d 7., 0 V' •e -.4. , . -, ,- . . , - ., , _. 7• ,-,••..., ,,,r,•e r' -7,„„': ,',''' ''' -',,..:''', l'..,., .-.'...'., „, oats,„ a , 0 Agenda Item #5.A. 05 Sep 2019 Page 89 of 304 Page 90 of 304 Agenda Item #5.A. 05 Sep 2019 Page 91 of 304 Page 92 of 304 Agenda Item #5.A. 05 Sep 2019 Page 93 of 304 Page 94 of 304 Agenda Item #5.A. 05 Sep 2019 Page 95 of 304 Page 96 of 304 Agenda Item #5.A. 05 Sep 2019 Page 97 of 304 Page 98 of 304 Agenda Item #5.A. 05 Sep 2019 Page 99 of 304 Page 100 of 304 Agenda Item #5.A. 05 Sep 2019 Page 101 of 304 Page 102 of 304 Agenda Item #5.A. 05 Sep 2019 Page 103 of 304 Page 104 of 304 Agenda Item #5.A. 05 Sep 2019 Page 105 of 304 Page 106 of 304 Agenda Item #5.A. 05 Sep 2019 Page 107 of 304 Page 108 of 304 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL PROPERTY OWNER KENNETH ALLEN WEATHERBY 351 19TH ST ATLANTIC BEACH, FL 32233 VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES Motor Vehicle 7/25/2016 11/13/2017 Mercedes inoperable VIOLATIONS Description: Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 7/25/2016 Closed: Last Action: 8/27/2019 Fllw Up: 8/27/2019 Site Address: 351 19TH ST ATLANTIC BEACH, FL 32233 Site APN: 172020 1258 Officer: Angela Irizarry Details:RECOMMENDATION: Staff recommends the Board find the property owner in violation and order that compliance be achieved by removing the inoperable vehicle from the premises and mowing and cleaning the yard by November 21,2016 or a fine of $200.00 be imposed for the first day and $200.00 for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Printed: Thursday, 29 August, 2019 1 of 9 CASE DETAILS Case Number 16-283 Agenda Item #5.A.05 Sep 2019Page 109 of 304 Motor Vehicle 7/25/2016 11/13/2017 fcharset0 Tahoma; IPMC Sec.302.8 - Motor Vehicles "No inoperative or unlicensed motor vehicle shall be parked or kept or stored on any premises, and no vehicle shall at any time be in a state of disrepair, major disassembly or in the process or being stripped or dismantled". Nuisance - Overgrown 7/25/2016 11/13/2017 excessive amounts of tree debris Sec. 12-1 Nuisances (b) It is hereby declared to be a nuisance, the enumerations of which are merely indications of the nature of the type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (11) For any person or business to allow vegetation other than cultivated plants, shrubs or trees to exceed a height of more than twelve(12) inches on any developed lot, or within twenty (20) feet of any occupied residential property, business property or city right of way. Recommendation CEB 7/25/2016 7/26/2018 1-3-2017 Printed: Thursday, 29 August, 2019 2 of 9 CASE DETAILS Case Number 16-283 Agenda Item #5.A.05 Sep 2019Page 110 of 304 CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES LIEN-ADD LIEN OR RECURRING CHARGE Angela Irizarry 2/6/2019 2/6/2019 Sent updated invoice in the amount of $86,945.11 TELEPHONE CALL Angela Irizarry 2/18/2019 2/19/2019 Received call from Mr. Weatherby requesting a hearing to ask for a reduction in fines. NOTICE OF HEARING Lori Diaz 5/29/2019 5/29/2019 CHRONOLOGY Recommendation CEB 7/25/2016 7/26/2018 RECOMMENDATION: Staff recommends the Board find the property owner in violation and order that the fine of two hundred dollars ($200.00) per day be imposed for non compliance commencing on November 22, 2016 and everyday thereafter the violation continues to exist. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Weeds 7/25/2016 11/13/2017 Tall weeds rear yard, debris IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Printed: Thursday, 29 August, 2019 3 of 9 CASE DETAILS Case Number 16-283 Agenda Item #5.A.05 Sep 2019Page 111 of 304 MISC NOTES/ACTION Lori Diaz 5/30/2019 5/30/2019 Send letter acknowledging Owners request to ask for a fine reduction before the Special Magistrate CMRR STATUS UPDATE Angela Irizarry 6/7/2019 6/7/2019 Rcvd signed green card. Signed by KA Weatherby From: Alan Winter [mailto:awinter@winterlawfirm.com] Sent: Monday, July 01, 2019 12:12 PM To: Irizarry,Angela <aIrizarry@coab.us> Subject: RE: CASE: 351 19th Street, AB, FL Ms. Irizarry: Thank you for this. Then my request is that we be placed on the docket for September 05 and I will insure that my client and I will be in attendance and ready for the hearing. Thank you. W. Alan Winter, Esquire c/o The Winter Law Firm 310 Third Street Neptune Beach, Florida, 32266 (904) 242-0222 Email: awinter@winterlawfirm.com From: Irizarry,Angela <aIrizarry@coab.us> Sent: Monday, July 1, 2019 12:05 PM To: Diaz, Lori <ldiaz@coab.us> Cc: Alan Winter <awinter@winterlawfirm.com> Subject: RE: CASE: 351 19th Street, AB, FL Mr. Winter, I apologize for not responding sooner. Since the Owner requested this meeting, I have no issues with moving it to a later date. The next regularly scheduled meeting will be held on September 5th. Printed: Thursday, 29 August, 2019 4 of 9 CASE DETAILS Case Number 16-283 Agenda Item #5.A.05 Sep 2019Page 112 of 304 EMAIL RECEIVED Angela Irizarry 7/1/2019 7/1/2019 From: Diaz, Lori Sent: Monday, July 01, 2019 10:23 AM To: Irizarry,Angela <aIrizarry@coab.us> Cc: Alan Winter <awinter@winterlawfirm.com> Subject: FW: CASE: 351 19th Street, AB, FL Yes, will do it now. From: Alan Winter [mailto:awinter@winterlawfirm.com] Sent: Monday, July 01, 2019 10:07 AM To: Diaz, Lori <ldiaz@coab.us> Subject: RE: CASE: 351 19th Street, AB, FL Ms. Diaz: I have not heard from her yet. I just want to make certain that everyone that needs to be at the hearing, can be at the hearing. Can you please remind her that I am awaiting a decision. Thank you. W. Alan Winter, Esquire c/o The Winter Law Firm 310 Third Street Neptune Beach, Florida, 32266 (904) 242-0222 Email: awinter@winterlawfirm.com From: Diaz, Lori <ldiaz@coab.us> Sent: Monday, July 1, 2019 9:43 AM To: Alan Winter <awinter@winterlawfirm.com> Subject: RE: CASE: 351 19th Street, AB, FL Hello, I relayed your message to the Code Enforcement Officer and Printed: Thursday, 29 August, 2019 5 of 9 CASE DETAILS Case Number 16-283 Agenda Item #5.A.05 Sep 2019Page 113 of 304 she told me she would email you and let you know it is fine to reset hearing date. Did you hear from her yet? Thank you, Lori Diaz, Records Clerk From: Alan Winter [mailto:awinter@winterlawfirm.com] Sent: Thursday, June 27, 2019 6:56 PM To: Diaz, Lori <ldiaz@coab.us> Subject: Re: CASE: 351 19th Street, AB, FL Did you get my request about the time conflict? Get Outlook for iOS ________________________________________ From: Diaz, Lori <ldiaz@coab.us> Sent: Thursday, June 27, 2019 5:09:31 PM To: Alan Winter Cc: Bartle, Donna Subject: RE: CASE: 351 19th Street, AB, FL Attorney Winter, I apologize for the delay. Below is a link to records responsive to the attached request.. If you have trouble opening or viewing let me know. Thank you. 351 19th Street Lori Diaz Lori Diaz, Records Clerk City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 O:(904) 247-5810 F: (904) 247-5846 Printed: Thursday, 29 August, 2019 6 of 9 CASE DETAILS Case Number 16-283 Agenda Item #5.A.05 Sep 2019Page 114 of 304 NOH LTR Lori Diaz 7/25/2019 7/26/2019 This is one of the per your request, you are being placed on the agenda notices. MISC LETTER/CORRESPONDENCE Angela Irizarry 7/30/2019 7/30/2019 Received notice from Respondents attorney, Alan Winter, that Mr. Weatherby suffered a heart attacked and did not survive. CMRR RETURNED FROM PO Angela Irizarry 8/19/2019 8/19/2019 Notice of Hearing returned from post office. MISC LETTER/CORRESPONDENCE Angela Irizarry 8/26/2019 8/26/2019 Received follow up notice from Mr. Winter regarding the reduction request. The family would like to proceed with the request. TELEPHONE CALL Angela Irizarry 8/27/2019 8/27/2019 Spoke with Atty Winter and confirmed he will be appearing on behalf of the family. INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES CEB INSPECTION DW 11/13/2017 11/13/2017 VIOLATION CORRECTED VEHICLE IS GONE INSPECTION DAW 7/25/2016 7/25/2016 VIOLATION courtesy notice issued on 7-19-2016 ( 5 days) for complaince 7-19-2016 issued courtesy notice REINSPECTION DAW 11/22/2016 11/22/2016 VIOLATION check for compliance with CEB order REINSPECTION DAW 1/3/2017 1/3/2017 VIOLATION VEhicle remains in same spot and has not been moved. Beginning to get covered with tree debris and leaves. REINSPECTION DAW 7/26/2016 7/28/2016 VIOLATION spoke to Mr. weatherby he will move vehicle 5145356 cell REINSPECTION DAW 8/29/2016 8/29/2016 VIOLATION INSPECTIONS Printed: Thursday, 29 August, 2019 7 of 9 CASE DETAILS Case Number 16-283 Agenda Item #5.A.05 Sep 2019Page 115 of 304 REINSPECTION DAW 9/12/2016 10/13/2016 VIOLATION Some progress on yard, vehicle has not been moved, valid tag placed on the vehicle but it has not moved in months. I advised Mr. Weatherby that he needs to move the vehicle to verify it is operable. REINSPECTION DAW 9/29/2016 9/29/2016 VIOLATION FINANCIAL INFORMATION DESCRIPTION ACCOUNT QTY AMOUNT PAID PAID DATE RECEIPT #CHECK #METHOD PAID BY CLTD BY $250 00100003543000 0 $242,000.00 $0.00 Total Paid for CE DAILY FINE: $242,000.00 $0.00 INTEREST 00100003543000 0 $51.85 $0.00 Total Paid for INTEREST: $51.85 $0.00 RECORDING FEE 00100003419003 0 $18.50 $0.00 Total Paid for RECORDING FEE: $18.50 $0.00 TOTALS:$242,070.35 $0.00 Printed: Thursday, 29 August, 2019 8 of 9 CASE DETAILS Case Number 16-283 Agenda Item #5.A.05 Sep 2019Page 116 of 304 Printed: Thursday, 29 August, 2019 9 of 9 CASE DETAILS Case Number 16-283 Agenda Item #5.A.05 Sep 2019Page 117 of 304 Page 118 of 304 3/29/2018 Print Preview Dispatch Information Request ID Number: 908 Request Location: Mealy St. and Dutton Date Printed: 3/29/2018 9:07:24 AM Island Road West Assigned to: White, Debbie 32233 Priority: Normal Request Type: Atlantic Beach Problem Reporting and Tracking Z l Mc.Q . Request Original Request Information Date Submitted: 3/26/2018 Original Notes:Abandoned,blighted property. This house on the corner of Mealy St. and Dutton Island has boarded up windows, dirt yard,tarped roof, and overall is a house that should be demolished or completed renovated. It brings down the property values of all homes in the area. Several months ago I wrote about it, and the response was that the estate was in probate. The neighborhood should not have to wait on this any longer before it is addressed. It';s been a disgrace for over 3 years. That is too long. Start Stop Work Performed f it 17 ` Total Time: Parts Used/Follow Up Needed Signature Date http://coab.us/common/admin/crt/printpreview.aspx?mode=workorder&requestid=908 1/1 Agenda Item #5.B. 05 Sep 2019 Page 119 of 304 lir ___ Duva1 County Public Records Search-Intemet Explorer p https://orduvaIderk.com _ .: . 1i sic..ea on re P'vOen.Y Oescnoco below and re taxpayer named below reat..ea sxamptlays)let a nonestead n he aggregate smart off $8.11963 .a 2005-2414 gook i Page 1 7344 578 Go arts) In atx Oland hoer 5196 011(9)(x). 5196161(1 Na)and S 193 155 F kma Statutes recce n rtereby gads ttat the resp l(s)named below was not tegaly witted to rece,ve sad eacmcbon sl or Instrument Number '2015243283 Go lrntat nio because sad persorys)deceased on June 28.2404 t The statutes prawlte 101 rersarery of u1, ad taxes by means of a ten.re udnp a S0%bendy and 15% rawest ret levy year(X teas*tern en prof 10 yeas tam On persons)WhO ryas nal meted ta.t SearchResults graniwl a tromestesd las ere ptce,This boo ewe Mat oorslauie a fen On ell reel{tree sy specAcaay ad3essed and tegaty cwted by sad tauyayer n en Sale Cl Fonda 1M1M1l e Johnson Estate ADDRESS 1921 Meay St 1,011 O/1 rr:UL u la ONLYRecordDate: 10/22/2015 Atlantic Beach FL 32233 1 0000w:opr3tTv USO3. 24.9217-2S-29E phRcE11Ot j Book Type: OR-Official Record,: DESCRwT1oa Lewd Subdrnsiorl Book I Page: 17344/578 N 498 La t N 498 o'E art tat 5 Bat 3 Tax Year/ ye I Amount of Penalty on Interest on Assessment Tax due Penalty an i-terest on TOTALInstrument2015243283Datetax , Va' exe^tpted . tax tax tax wridatron tram assessment.assessment Number: due I exempted exempted exempted value wrorglut limaabon ! YrrrtabOn (3.4.5• 1 assessment 7.8.9) 1 2 3 , 4 5 6 imrm 97b 8 Number Of 1 2014 525.000 $47839 $000 $000 $14.171 $27117 $000 $000 $749.56 Pages 2013 525 000 5480 76) $000 S0 00 $12 476 $239.92- $000 $000 $720.68 2012 —S25.000 $450 97 SO 00 SO 00 114.093 $254 22 SO 00 $000 $705 19 Doc Type: LN -LIEN 2011 525.000 6449 80 SO 00 SO 00 $16.698 $300 43 SO 00 50 00 $750.23 Grantor:DUVAL COUNTY PROPERTY APPRAISER 2010 25 000 $454 86 SO 00 $000 $20.418 5371 49 50 00 5000' $826 35 2009 525.000 $41589 SO 00 SO 00 525.5421 6424 91 $000 $000 $840 80 Grantee:JOHNSON WILLIE ESTATE 2008 25000 $405.05 $000 $000 530.0831 $48741 $000 $000 $89246 2007 525 000 S409 90 S0 00 $000; $28.6171 $469 21 S0 00 50 CO 587911 Consideration: 50.00 2006 525.000 5447 73 SO 00 50 00 525.211 $451 CO SO 00 SO 00 $898 23 CaseNumber: 2005 25.000- $45706 $000 S000 521,877 $39996 $000 $000 $857.02 Legal PT Ll PT L5 B3 food Description: LEWIS SD SOoa SO 00 of AUX 0 SOW Pages: 0 06 l 5000 Foreign Case 000 Number: 5409 Doclegals/ PT Li PT L5 B3 LEWIS SD SOCO_ sow? Parcel4: NOTICE TO COLLECTOR Ten$044 WIRY Mks to re were exerrlpled and a calnlatad homestead exemption Column 10 total $8.`11 valaeon The merest slat be based cn the taxes esenpled tom re date ti tan become due lot each assessment trxa satstaaThei Clof n s ben Tax Fees and costs paid by Hoperty Appraiser 20 OG Collector shad also collect arty lees and costs attch On Prcpe,ty Appraser or Fees and casts pad 5Y Tar Collector 0 OCinTaxCollectorhasmassedmfang1152ten.or oase[trtg sa,-+e. TOTAL DUE 58.139 63 thdw poles d ea.xry.t down,,rat I Nava raaa re brpon9 nctce d U.ten aro but the(70.5 YAW In 4 Ye true r prepared by$craw dew tun the Wale'hers OKSamSon leased or at rlJr¶11. +Cl ofnth PePe vas try ssomedye• CO 7 7 I1, S/u 10 2ri S Agenda Item #5.B.05 Sep 2019Page 120 of 304 Account Detail Page 1 of 2 e ii 1 A. Login Is for County Staff Only dei Property Tax Search i.r Account Detail Login lWelcome Account Detail r 1 Property Tax Search L J Search Results , Tangible Tax Search J r 1 Important Notice Local Business Tax Search J r Collection Cart 1 The information contained herein does not constitute a title search and should not be relied on as such.There may be additional L J balances that do NOT display on this website:unpaid liens,installment accounts or deleted accounts. r 1 Tax Collector Home l I To better serve property owners,homestead and other exemption-related liens filed by the Property Appraisers Office have been added to the Tax Collector's software.These exemption-releated liens are now viewable and payable online.These lien types may be researched at the Clerk of Courts website www.duvalclerk.com tt Property Tax Account Details Pay Current Taxes Account I Property Type Last Update I No Current Taxes. O \ 172352-0000 REAL ESTATE 9/22/2018 2:13:21 PM O JOHNSON WILLIE SITUS: JOHNSON WILLIE ESTATE 1921 MEALY ST 32233 Pay Delinquent Taxes PO BOX 5083 d JACKSONVILLE,FL Select a payment 32247 USD3 option: V Code Escrow Code 2017- $1,447.92 Legal Description I 2014- $749.55 24-92 17-2S-29E LEWIS SUBDIVISION N 49FT LOT 1,N 49FT OF E 3FT LOT 5 BLK 3 2013- $720.67 2012- $705.20 Nuisance and Demolition Liens 2011- $750.22 Nuisance and Demolition Liens ar T included in th operty Tax bill.These liens 2010- $826.35 must be paid separately.Plea call(904)255-7000 for i formation regarding these 2009- $840.80 specific lien types. No Nuisance or Demolition Uens Found CAI, 11 e 2008- $892.46 S Om 00 2007- $879.10 Q.-1 S 2006- $898.23 Property Tax Bills 2005- $877.01 Tax Year I Folio I Owner Name I Amount Due I I ADD TO CART 2017 1345492.0000 JOHNSON WILLIE ESTATE 1,447.92 2016 ) 1343758.0000 JOHNSON WILLIE ESTATE 0.00 2015 ) 1342109.0000 JOHNSON WILLIE ESTATE 0.00 Cart:$0.00 2014 ) 1335638.0001 JOHNSON WILLIE 749.55 2014 1335638.0000 JOHNSON WILLIE 0.00 2013 ) 1334018.0001 JOHNSON WILLIE 720.67 TotalI $9,587.51 https://fl-duval-taxcollector.publicaccessnow.com/propertytaxsearch/accountdetail.aspx?p... 9/26/2018 Agenda Item #5.B. 05 Sep 2019 Page 121 of 304 Account Detail Page 2 of 2 Tax Year 1 Folio (( Owner Name Amount Due 2013 1334018.0000 JOHNSON WILLIE 0.00 2012 ) 1333760.0001 JOHNSON WILLIE 705.20 2012 ) 1333760.0000 JOHNSON WILLIE 0.00 2011 1333273.0001 JOHNSON WILLIE 750.22 2011 1333273.0000 JOHNSON WILLIE 0.00 2010 ) 1333560.0001 JOHNSON WILLIE 826.35 2010 ) 1333560.0000 JOHNSON WILLIE 0.00 2009 ) 1333212.0001 JOHNSON WILLIE 840.80 2009 1333212.0000 JOHNSON WILLIE 0.00 2008 ) 1332088.0001 JOHNSON WILLIE 892.46 2008 1332088.0000 JOHNSON WILLIE 0.00 2007 ) 1331877.0001 JOHNSON WILLIE 879.10 2007 ) 1331877.0000 JOHNSON WILLIE 0.00 2006 ) 1300172.0001 JOHNSON WILLIE 898.23 2006 1300172.0000 JOHNSON WILLIE 0.00 2005 ) 1298654.0001 JOHNSON WILLIE 877.01 2005 3 1298654.0000 JOHNSON WILLIE 0.00 2004 3 1291423.0000 JOHNSON WILLIE 0.00 TotalI $9,587.51 Unpaid Tax Certificates Tax Folio Certificate CertificateCertificate TDA Year Year Number Holder Name Number 2017 1345492.0000 2018 20809.000 CYPRESS TAX 0 LLC Copyright 2018 by Thomson Reuters Privacy Statement Terms Of Use v. https://fl-duval-taxcollector.publicaccessnow.com/propertytaxsearch/accountdetail.aspx?p... 9/26/2018 Agenda Item #5.B. 05 Sep 2019 Page 122 of 304 Property Appraiser- Property Details Page 1 of 2 , JOHNSON WILLIE ESTATE,Primary Site Address Official Record Book/Page Tile# PO BOX 5083 1921 MEALY ST 04996-00237 9417 JACKSONVILLE, FL 32247 Atlantic Beach FL 32233 1921 MEALY ST Property Detail Value Summary RE# 172352-0000 2017 Certified 2018 In Progress, Tax District USD3 Value Method CAMA CAMA Property Use 0100 Single Family Total Building Value $50,473.00 49,525.00 of Buildings 1 Extra Feature Value $0.00 0.00 For full legal description see Land Value(Market) $30,576.00 24,843.00 Legal Desc. Land&Legal section below Land Value(Agric.l $0.00 0.00 Subdivision 03139 LEWIS S/D Just(Market)Value $81,049.00 74,368.00 Total Area 3895 Assessed Value $62,485.00 68,733.00 The sale of this property may result in higher property taxes.For more information go Cap Diff/Portability Amt $18,564.00/$0.00 $5,635.00/$0.00 to Save Our Homes and our Property Tax Estimator.'In Progress'property values, Exemptions $0. 00 See below exemptions and other supporting information on this page are part of the working tax roll and are subject to change.Certified values listed in the Value Summary are those Taxable Value $62,485.00 See below 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 No applicable exemptions No applicable exemptions No applicable exemptions Sales History Book/Page (Sale Date I Sale Price Deed Instrument Type Code Oualified/Unqualified Vacant/Improved 04996-00237 111/2/1979 I$19,800.00 WD-Warranty Deed Unqualified Improved Extra Features .J No data found for this section i'. Land&Legal Land Leal Land Land LN Legal Description LN Code Use Description Zoning Front Depth Category Units Land Type Value 1 24-92 17-2S-29E Front 1 0101 ACS MD 8 19 UNITS PER ARG 49.00 78.00 Common 49.00 Footage $24,843.00 2 LEWIS SUBDIVISION 3 N 49FT LOT 1,N 49FT OF E 3FT LOT 5 4 BLK 3 Buildings Building 1 Building 1 Site Address Element Code Detail 1921 MEALY ST Unit Atlantic Beach FL 32233 Exterior Wall 26 26 Alum/Vinyl Roof Struct 3 3 Gable or Hip Building Type 0101-SFR 1 STORY Roofing Cover 3 3 Asph/Comp Shng BAS Year Built 1963 Interior Wall 5 5 Drywall Building Value $49,525.00 Int Flooring 14 14 Carpet Int Flooring 8 8 Sheet Vinyl Gross Heated Effective Heating Fuel 4 4 ElectricTvceAreaAreaArea Heating Type 3 3 Frcd Not Ductd J Base Area 864 864 864 Air Cond 2 2 Wall Unit Finished Open 15 0 4Porch Total 879 864 868 Element Code Stories 1.000 Bedrooms 12.000 Baths 11.000 I Rooms/Units 11.000 I http://apps.coj.net/pao propertySearch/Basic/Detail.aspx?RE=1723520000 4/19/2018 Agenda Item #5.B. 05 Sep 2019 Page 123 of 304 CODE ENFORCEMENT VIOLATION ACTION TRACKING - CASE #: I C% DATE CLOSED: NOTES: FIRST INSPECTION: 4 /( 7 O ACTION: NOV REG ;, SOV CERT NOV POST SECOND INSPECTION: ACTION: 0 NOV REG 0 NOV CERT 0 NOV POST THIRD INSPECTION: ACTION: NOV REG 0 NOV CERT 0 NOV POST PROPERTY ADDRESS OF VIOLATION: 1 Z- ( G0_l L V PROPERTY OWNER: \k) I t i e- O k (VS O r ES cct-e SEND LETTER(S)TO: (Please check (J) and explain all that apply) OFFICER: Deborah White 2( PROPERTY OWNER AT: 0 ADDRESS (ABOVE) Ji DIFFERENT MAILING ADDRESS AS FOLLOWS: P C Dix 5683 322-47 O TENANT(NAME) AT THE FOLLOWING ADDRESS: VIOLATION(S): (Please check (J) and explain all that apply) O IPMC:SECTION(S) O AB CODE: SECTION(S) O SAME AS ATTACHED NOTICE OF VIOLATION(( DATED: REMEDY FOR COMPLIANCE: t A_A0e.D C C Q- e A DC aSn( 1L- G-r SOCA (n L©o.S . d L ' • ' O REMOVE BOAT,CAMPER,TRAILER,JET SKI'S STORED IN YARD/RIGHT OF WAY O CEASE STORING BOAT, CAMPER,TRAILER,JET SKI'S STORED IN YARD/RIGHT OF WAY O REMOVE ROTTING/COLLAPSING FENCE O REMOVE DISCARDED HOUSEHOLD ITEMS STORED IN YARD O REMOVE INOPERABLE/UNLICENSED VEHICLE(S) STORED IN YARD/RIGHT OF WAY lVIOWING THE YARD/VACANT LOT YS SPECIAL INSTRUCTIONS: O Mail copy of Notice to: Agenda Item #5.B. 05 Sep 2019 Page 124 of 304 1r6 CITY OF ATLANTIC BEACH as 11.1s 800 SEMINOLE ROAD I r) ATLANTIC BEACH,FL 32233 NoPHONE (904)247-5800 s3 / POSTED ON PROPERTY AND ATLANTIC BEACH CITY HALL 6/5/2018 JOHNSON WILLIE ESTATE P.O. BOX 5083 JACKSONVILLE, FL 32247 Real Estate Number: 172352 0000 Case Number: 18-113 Location of Violation: 1921 MEALY STREET, Atlantic Beach, Florida Dear Property Owner: Please be advised,Atlantic Beach Code Enforcement has found your property referenced above to be in violation of the City of Atlantic Beach, Code of Ordinances,to wit: VIOLATION(S) IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however,this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. This letter requests that the noted violation(s) be corrected by repairing windows, roof, fascia, soffit and loose siding,and mowing lawn within ten(10)days of the receipt of this notice. To avoid having this case be referred to the Code Enforcement Board, all listed violations on this notice must be in compliance on or before the date established by Atlantic Beach Code Enforcement. The Board may impose fines up to two hundred fifty ($250.00) per day for continuing violations. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance. It is our goal to keep our neighborhoods looking well maintained while protecting property values and your cooperation in this matter is greatly appreciated. Please contact Atlantic Beach Code Enforcement at(904) 247- 5855 if you have any questions or need additional information. Sin e ely, Tom Gindlesperger CODE ENFORCEMENT Agenda Item #5.B. 05 Sep 2019 Page 125 of 304 rj 1-`''-1-- rJ 3 CITY OF ATLANTIC BEACH o' 1w J 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 PHONE (904)247-5800 rt rliil 975 liy, f.. -:t: r CERTIFIED MAIL RETURN RECEIPT REQUESTED 70170660000038566610 WILLIE JOHNSON ESTATE P.O. BOX 5083 JACKSONVILLE, FL 32247 Real Estate Number: 172352 0000 Case Number: 18-113 Location of Violation: 1921 MEALY STREET, Atlantic Beach, Florida Dear Property Owner: Please be advised, Atlantic Beach Code Enforcement has found your property referenced above to be in violation of the City of Atlantic Beach, Code of Ordinances,to wit: VIOLATION(S) IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. This letter requests that the noted violation(s) be corrected by repairing windows, roof, fascia, soffit and loose siding, and mowing lawn within thirty (30) days of the receipt of this notice. To avoid having this case be referred to the Code Enforcement Board, all listed violations on this notice must be in compliance on or before the date established by Atlantic Beach Code Enforcement. The Board may impose fines up to two hundred fifty ($250.00) per day for continuing violations. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance. Agenda Item #5.B. 05 Sep 2019 Page 126 of 304 0 CERTIFIED MAIL® e ., " City of Atlantic BeachIII I li ii°' I pneoost° FIRST-CLASS MAIL o 4' i 800 Seminole RoadI 04/20/2018 y V~ Atlantic Beach, Florida 32233 US POSTAGE .V70 L46%, Ac, la, 0 1 0660 0000 3856 6610 ZIP 32233 Q,IX\e 041L11240784 OOa) W o U O iT!? _ 7Q,V 1 /000UUVUUJ83000. 20180) ..-2,3 ml 0 WILLIE JOHNSON ESTATE RETURN TO SENDER i 71 P.O. BOX 5083 N C, 4* M E DO >~ is€ti ABLE T O ;O °ir r`+w R DoJACKSONVILLEFL32247 rLIN ,B 32233546 99 1738- 94e13- 20- 415a ;c y p j a ya a@ t g32..7.435.' f .. 4 1/1Y,4illiffljffhillipi ipilli,19#F {ii 1,11i iOillip,ll ! L i SSS i b 5 xQ s.... 0 o N w Ni iUgp y CS v 4 E m o y , cC 3 v bbp o O a 3 . „=t a'r 3 N Z ,7 W0asat o ".o W a D,3It CO . O O ...1 O g m N W LIII;;i;iII0 Tl N O 0 O V C7 W c, 5: .T S ALLs cr ¢ n CL I— testi -. Cd 12),-7 ,2 „,' W Z a iuEE8m15 a ;m co U B00000$ $ 0 o n Kn` ; a 0T99 959E 0000 0990 z'IOZ Agenda Item #5.B.05 Sep 2019Page 127 of 304 1-ism-r, e, CITY OF ATLANTIC BEACH sty 800 SEMINOLE ROAD c)ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 1,01319 POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 18-113 Pursuant to Chapter 162, Florida Statutes and Sec. 2-147, City of Atlantic Beach City Code of Ordinances, I, Deborah White, Code Enforcement Officer, City of Atlantic Beach, hereby affirm a Notice of Violation, a copy of which is attached, was mailed regular mail and was posted at the following locations: 1) Date Posted: O 1 Location: 1921 ME• LY ST,Atlantic Beach, Florida i 2) Date Posted: CSS L Z- 1. ( 7) Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 44 Illk AL on' Gindle . • ler,-CO-Cie En i c> I ent County of Duval State of Florida The foregoing Affidavit was acknowledged before me this day of 20 , by Toni Gindlesperger,who is personally known to me as Code Enforcement for the City of Atlantic Beach. Person taking acknowledgement: Notary Stamp/Seal) Notary Public, State of Florida 1 V,99 c\ G Agenda Item #5.B. 05 Sep 2019 Page 128 of 304 White, Debbie From: Amy Crane <amycrane85@comcast.net> Sent: Wednesday,June 20, 2018 9:07 AM To: White, Debbie V Subject: Code Compliance Question l Hi Ms. White -- I submitted a citizen complaint about the property at the southwest corner of Mealy Rd. and Dutton Island Road West approximately two years ago. The response I received indicated that the property was perhaps in probate...or tied up through an estate situation, I believe. Today, the house still stands empty, with boarded up windows, a broken chain link fence, an overgrown dirt yard, etc. On more than one occasion, I have stopped to pick up the trash that litters the yard. Can you please tell me what the status is on that house? It clearly should be removed or majorly renovated. The nature of my complaint is twofold. It is situated on the corner of a road that people are using to travel to a wonderful community asset: Dutton Island Preserve.Secondly, a good deal of development is taking place around it, and it really brings down the efforts of the residents living in the area. I'd greatly appreciate an update. Many thanks -- Amy Crane (904-536-0216) 1 Agenda Item #5.B. 05 Sep 2019 Page 129 of 304 CODE ENFORCEMENT BOARD r CITY OF ATLANTIC BEACH, FLORIDA r NOTICE OF HEARING Ji3,9~ 8/1/2018 Case Number: 18-113 JOHNSON,WILLIE ESTATE Certified Mail Return Receipt: P.O. BOX 5083 70171000000069910407 JACKSONVILLE,FL 32247 Property Address: 1921 MEALY ST ATLANTIC BEACH,FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on September 11, 2018 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known 1921 MEALY ST,RE#172352 0000, 24-92 17-2S-29E LEWIS SUB N 49FT LOT 1,N 49'OF E 3'LOT 5 BK3. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12)inches.All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904)247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. Agenda Item #5.B. 05 Sep 2019 Page 130 of 304 ATTEST: 44 Or Donna L. Bartle, City Clerk IIIVernentToniGindlesperger, Code E U.S. Postal Service`" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information,visit our website at www.usps.com®. Q" Certified Mail Fee a Extra Servicess&Fees(check box,add fee as appropriate) Return Receipt(hardcopy) $ 0 Return Receipt(electronic) $ Postmark Certified Mail Restricted Delivery $ Here O 0 Adult Signature Required $ Adult Signature Restvcted Delivery$ O Postage O $ Total Postage and Fees N Sent T 1 Street and Apt. o., 116.1N6. N L`ity,state,ZIP+46 PS Form 3800 A•ril 2015 PSN 7530.02-000-9047 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3. A. Sig _ lyPrintyournameandaddressonthereverseX 0 Agent so that we can return the card to you. Addressee Attach this card to the back of the mailpiece, B. Rece' • b (Pureed e C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? Yes If YES,enter delivery address below: No bv1i K) 1 ?-113 N cu ti I 111 I III 111111IIIII I I I 111 I I I I I I 3. Service Type 0Priority Mail Express® 0 Adult Signature 0 Registered Mail'. 0 Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 2997 7094 0521 50 0 Certified Mail® Delivery 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number(Transfer from service lahe)l 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation"" Mail 0 Signature Confirmation 7 017 1000 0000 6991 0407 alI Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Agenda Item #5.B. 05 Sep 2019 Page 131 of 304 lAj fJv CODE ENFORCEMENT BOARD J` s * CITY OF ATLANTIC BEACH, FLORIDA J V Vsa NOTICE OF HEARING 8/10/2018 Case Number: 18-113 JOHNSON,WILLIE ESTATE Certified Mail Return Receipt: P.O.BOX 5083 70171000000069910483 JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST ATLANTIC BEACH,FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on September 11, 2018 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known 1921 MEALY ST,RE#172352 0000,24-92 17-2S-29E LEWIS SUB N 49FT LOT 1,N 49'OF E 3'LOT 5 BK3. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12)inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904)247-5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. Agenda Item #5.B. 05 Sep 2019 Page 132 of 304 ATTEST: I 4,4., ;J /JiL C' CE J ' j er ,er Code Enfor•''nt Donna L. Bartle, City Clerk Toni Gindlesp g U.S. Postal Service fT1 RECEIPT Domestic Mail Only usps.com"' jjivejtormapjtjjCERTFIED MAILat wwW 0 a it check box,add ap„mpnate) 13 Extra _rvices&Fees( ardcoPY) Postmark CA 0 Retum Receipt(h Return Receipt( electronic) $ Here cenreed Mal Restnctad Delivery $ r:30 nature ReOuired $-gdutt Sig gdutt Signature Restricted Delivery$- in C3 Total postage and Fees NSent • rq O Siiee and" or Pb l o. City,State,ZIP+4. PS Form 3800,Aril 2015 PSN 7530-02-000- 9047Reverse for Instructions SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION OP!DELIVERY Complete items 1,2, and 3.Also complete A. Sign.t£ 4r1item4ifRestrictedDeliveryisdesired. Agent Print your name and address on the reverseX _Addressee so that we can return the card to you. B. R ed Print d C. Date of Delivery Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Sbk\ SAN M— 1 Ic—‹ 1 [ CA 3. Service Type 0 Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise nd Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) Yes 9 art ir,io rd..,,.,...- 7017 1000 0000 6991 0483 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Agenda Item #5.B. 05 Sep 2019 Page 133 of 304 11;J. . CODE ENFORCEMENT BOARD r) ,- 1.1` CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 8/27/2018 Case Number: 18-113 JOHNSON WILLIE ESTATE POSTED ON PROPERTY AND P.O. BOX 5083 ATLANTIC BEACH CITY HALL JACKSONVILLE,FL 32247 Property Address: 1921 MEALY ST ATLANTIC BEACH,FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on September 11, 2018 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known 1921 MEALY ST, RE#172352 0000,24-92 17-2S-29E LEWIS SUB N 49FT LOT 1,N 49'OF E 3'LOT 5 BK3. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12)inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904)247-5855. Agenda Item #5.B. 05 Sep 2019 Page 134 of 304 You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ATTEST: 41‘110.4-tet. i /1 4.. 41. pair Donna L. Bartle, City Clerk Toni Gindlesperger, Code Enforcem:r t I Agenda Item #5.B. 05 Sep 2019 Page 135 of 304 i rL JrJ J, CITY OF ATLANTIC BEACH Is' iii; 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 1.44.01119>' POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 18-113 Pursuant to Chapter 162, Florida Statutes and Sec. 2-147, City of Atlantic Beach City Code of Ordinances, I, Toni Gindlesperger, 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: 8/a 7 ( 5 Location: 1921 MEALY ST,Atlantic Beach,Florida 0 2) Date Posted:0 Z7 '0 Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTI .ACH, FL 32233 G"-- ,.--94. -C1V-11111• Toni Gindlesperger, Code Enforce ii nt County of Duval State of Florida The foregoing Affidavit was acknowledged before me this Z / day of 141)0.A 20 15, by Toni Gindlesperger,who is personally known to me as Code EnforceOjnt for the City of Atlantic Beach. eizia iPersontakingacknowledgement: Notary Stamp/Seal) Notary Public, State of Florida 01 •,;DEBORAH A.WHITE t • MY COMMISSION a FF 191513 w' EXPIRES: 21,2019 Eos Bonded Thru Notary Public Underwriters Agenda Item #5.B. 05 Sep 2019 Page 136 of 304 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH, FLORIDA, Petitioner vs. JOHNSON, WILLIE ESTATE, Respondent P.O. BOX 5083 Property Address: 1921 MEALY ST JACKSONVILLE, FL 32247 ATLANTIC BEACH, FL Case Number: 18-113 Real Estate Number: 172352 0000 Legal Description: 24-92 17-2S-29E LEWIS SUB N 49FT LOT 1,N 49'OF E 3'LOT 5 BK3 ORDER IMPOSING FINE THIS CAUSE came for public hearing before the Code Enforcement Board on September 11, 2018, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT 1. That the Respondent owns the property located at 1921 MEALY ST,Atlantic Beach, Florida. 2. That notice was sent by Posting and that Respondent was not present at the hearing. However, great granddaughter Shaina DeSisso, 1037 Regas Dr. S., Atlantic Beach, Florida was present and spoke at the hearing. 3. That notification of the violations of the City of Atlantic Beach, were made and served on the Respondent as evidenced in this hearing. 4. That a witness, Shaina DeSisso, informed the Board of the situation after the death of Willie Johnson. 5. Case needs to be continued. CONCLUSIONS OF LAW THAT Board orders the case be continued. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered: The case is continued to November 28, 2018. e re- 5 MQ-L-3 DONE AND ORDERED THIS September 11, 2018. 30 7 2e Agenda Item #5.B. 05 Sep 2019 Page 137 of 304 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ATTEST: a1141 et at/id:et' Donna L. Bartle, City Clerk By: BiezAtZIluna, Chairman Executed this I day of 2018. PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this order shall be filed in circuit court within thirty(30)days of this order's execution. Agenda Item #5.B. 05 Sep 2019 Page 138 of 304 Page 1 of 2 yA.Ptrj J, CODE ENFORCEMENT BOARD c) 4s f CITY OF ATLANTIC BEACH, FLORIDA 3 . :1 e, NOTICE OF HEARING J;,19f" 10/18/2018 Case Number: 18-113 JOHNSON, WILLIE ESTATE Certified Mail Return Receipt: P.O. BOX 5083 70171000000069910605 JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST ATLANTIC BEACH,FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on November 28, 2018 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E LEWIS SUB N 49FT LOT 1,N 49'OF E 3'LOT 5 BK3. International Property Maintenance Code / City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. PMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12)inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904)247-5855. Agenda Item #5.B. 05 Sep 2019 Page 139 of 304 C) a 0 0 0 7017 1000 0000 6991 0605 o H o o 0 0 op sv01-3 CD c v rn ae, m.n A) I?i 5- n x N tZ % E y'.S cG •'' N Sy O r .v 6? ? a m c n c H CD r. c. O 0 m W 3 w m N a ; 3? K 3 mcn ed 0 co 0 N 8 a a m ;Y 1D 3 cn y m N 51 c m o a'y I " 7 CD n O CD Ri 0 JJ DJ m n.T ID- i 1 ,,..p ,... ,.., H S $ gVa pv 0 (-17'O OqI8tq . i. F CD O 05 u O ( M Cr m o co 0 nmO0 O O G; O CD oO n A) CA 0 C s.cD rn N C CD O a P I-h tn ly COMPLETE THIS SECTION ON DELIVERY O 1: c E• 0 0SENDER: COMPL. Tyrs SECTION cam. Complete items 1,2,and 3. A Signa Il C3 t i Agent O O 0 Print your name and address on the reverse X Addressee m O m so that we can return the card to you. wi- _C. Date of 0 cd o ¢;Ived I' nt Delivery Attach this card to the back of the mailpiece, o .. or on the front if space permits. Q- -o gQ 1. Article Addressed to: D. Is delivery address• erent from item 1? 0 Yes co co If YES,enter delivery address below: ID No 4 CD CD D;1-ii\i01\) \b— X1 o NO \"k CD CeDr sv II i llllll IIII III I II I IIII I I I II 111111111111 03. 0 Adulice Type t SSignature 0 Priority Mail ignature Restricted Delivery 00 Registered Registered Mss® Restricted CD CD C CD CD -h 9590 9402 2997 7094 0520 82 certified Mall® cep ODelivery O Certified Mall Restricted Delivery Return Receipt for Collect on Delivery Merchandise 0 Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM 0 Insured Mall 0 Signature Confirmation 017 1000 0000 6991 0605 0 insured Mail Restricted Delivery Restricted Delivery over$500)Agenda Item #5.B.05 Sep 2019Page 140 of 304 jCODE• ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA I NOTICE OF HEARING 11/14/2018 Case Number: 18-113 JOHNSON WILLIE ESTATE POSTED ON PROPERTY AND P.O. BOX 5083 ATLANTIC BEACH CITY HALL JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST ATLANTIC BEACH, FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on November 28, 2018 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known 1921 MEALY ST, RE#172352 0000, 24- 92 17-2S-29E LEWIS SUB N 49FT LOT 1,N 49'OF E 3'LOT 5 BK3. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at(904)247-5855. Agenda Item #5.B. 05 Sep 2019 Page 141 of 304 You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ATTEST: A')-zzrz-et, QA/ Donna L. Bartle, City Clerk Angela Irizarry, Code Enforcem Agenda Item #5.B. 05 Sep 2019 Page 142 of 304 CITY OF ATLANTIC BEACH rj F 800 SEMINOLE ROAD O ATLANTIC BEACH,FL 32233 V 2 v~ PHONE (904)247-5800 3.21>'" POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 18-113 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: Hi/5-12 0i Location: 1921 MEALY ST,Atlantic Beach, Florida 2) Date Posted: it // 2 O/g Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 Angela Iriz. r • , Code Enfor• •m;nt al County of Duval State of Florida The foregoing.Affidavit was acknowledged before me this / Sfh day of NO err her^ 20 /0 , by Angela Irizarry,who is personally known to me as Code Enforcement for the City of Atlantic Beach. Person taking acknowledgement: G'a of Stamp/Seal) Notary Public, State of Florida o DONNA L.BARTLE 4.)....N.\: MY COMMISSION#GG 078627 ia •; EXPIRES:May14,2021 f es.''.•` Bonded Thru Notary Public Underwriters 4 Agenda Item #5.B. 05 Sep 2019 Page 143 of 304 Page 1 of 2 A'`Jfjo CODE ENFORCEMENT BOARD s.',; CITY OF ATLANTIC BEACH, FLORIDA r NOTICE OF HEARING J;110 11/29/2018 Case Number: 18-113 JOHNSON, WILLIE ESTATE Certified Mail Return Receipt: P.O. BOX 5083 70171000000069910964 JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST ATLANTIC BEACH, FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on January 8, 2019 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard to the following alleged violations on the property known 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E LEWIS SUB N 49FT LOT l,N 49'OF E 3'LOT 5 BK3. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve(12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at (904) 247-5855. Agenda Item #5.B. 05 Sep 2019 Page 144 of 304 Page 2 of 2 You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ATTEST: 1167j\Cl2( Lori Diaz, Records Cler Angela IrZury, Code Enfo ent SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELI'/ERY Complete items 1,2,and 3. A. Sign. u IIPrint your name and address on the reverse Xsothatwecanreturnthecardtoyou. rdirApi/ /OP pr Agent II Attach this card to the back of the mailpiece,B ed ., -r ad C. Addressee C. Date of Deliveryoronthefrontifspacepermits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 YesIfYES,enter delivery address below: No 111111111111 III I 11 311 II 111111111111 1 111 III du risSi 9ultu Pr eRestricted Delivery Reg ereda M rens® 9590 9402 2997 7094 0517 71 Certified Mail® Registered Mall Restricted Certified Mall Restricted DeliveryCollectonDelivery Return Delivery MerchadiReceipt for Merchandise2. Article Number(Transfer from service label) Collect on Delivery Restricted Delivery 0 Signature Confirmation*"1017 1000 0 0 6991 0964 0 Insured Mail 0 Insured Mail Restricted PSDelivery 0 Signature Confirmation over$Spp Restricted Delivery PS Form 3811,July 2015 N 7530-02-000-9053 Domestic Return Receipt Agenda Item #5.B. 05 Sep 2019 Page 145 of 304 12/26/2018 USPS.com®-USPS Tracking®Results FAQs > (https://www.usps.com/fags/uspstracking-faqs.htm)USPS Tracking® Track Another Package + Tracking Number: 70171000000069910964 Remove X Your item was delivered at 9:02 am on December 13, 2018 in JACKSONVILLE, FL 32207. U.S. Postal Service'" f Delivered CERTIFIED MAIL° RECEIPT Domestic Mail Only December 13, 2018 at 9:02 am 1: 1- 0 For delivery information,visit our website at www.usps.com5'. Delivered JACKSONVILLE, FL 32207 rl o- Certified Mail Fee Q $ D Get Updates \/ 0 Extra Services&Fees(check box,add fee as appropriate) Q Return Receipt(hardcopy) $ P Q Return Receipt(electronic) $ Postmark 0 Certified Mail Restricted Delivery $ Here 0 Adult Signature Required $ Adult Signature Restricted Delivery$ p Postage Text & Email Updates o $ v Total Postage and Fees 11.' Tracking History Streetanc 4 o.,or ffoxNo. City,&tate,ZIP+44 PS Form 3800,A•ril 2015 PSN 7530-02-000-9047 See Reverse for Instructions December 13, 2018, 9:02 am Delivered JACKSONVILLE, FL 32207 Your item was delivered at 9:02 am on December 13, 2018 in JACKSONVILLE, FL 32207. Reminder to Schedule Redelivery of your item December 7, 2018, 1:55 pm Available for Pickup JACKSONVILLE, FL 32207 December 7, 2018, 1:55 pm Arrived at Unit https://tools.usps.com/go/TrackConfirmAction?tLabels=70171000000069910964 1/3 Agenda Item #5.B. 05 Sep 2019 Page 146 of 304 12/26/2018 USPS.com®-USPS Tracking®Results JACKSONVILLE, FL 32207 December 4, 2018 In Transit to Next Facility November 30, 2018, 10:07 pm Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER November 29, 2018, 10:15 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information CD CD See Less /\v Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs (https://www.usps.com/faqs/uspstracking-faqs.htm) https://tools.usps.com/go/TrackConfirmAction?tLabels=70171000000069910964 2/3 Agenda Item #5.B. 05 Sep 2019 Page 147 of 304 Page 1 of 2 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT BOARD ORDER CITY OF ATLANTIC BEACH, FLORIDA, Petitioner vs. JOHNSON WILLIE ESTATE, Respondent First Class and Certified Mail Return Receipt P.O. BOX 5083 Requested: 70171000000069911022 JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST ATLANTIC BEACH,FL Case Number: 18-113 Real Estate Number: 172352 0000 Legal Description: 24-92 17-2S-29E LEWIS SUB N 49FT LOT 1,N 49'OF E 3'LOT 5 BK3 ORDER CONTINUING CASE THIS CAUSE came for public hearing before the Code Enforcement Board on November 28, 2018, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT 1. That no representative for the Estate of Willie Johnson appeared at the hearing. 2. That notice was sent by Posting. 3. The new owner of the property appeared. His name is Desmond Demps Brooks. Mr. Allan Winter, attorney, appeared with Mr. Brooks as his attorney and provided additional testimony. 4. That notification of the violations of the City of Atlantic Beach,was made and served on the Respondent as evidenced in this hearing. 5. As a result of new ownership, case needs to be continued. CONCLUSIONS OF LAW THAT the case be continued until the January 8, 2019 meting. 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 case is continued to January 8, 2019. DONE AND ORDERED THIS November 28, 2018. Agenda Item #5.B. 05 Sep 2019 Page 148 of 304 7017 1000 0000 6991 1022 v. -.i E. m e» n 11. Cr '"'' b CD 01 r-i 0-4 d m w w a z O n C 7 N CD y 174ilksarncno ir H co N m d d 3 m. a s "-mD F oa m a a P P.w II 0 5 , Cr1 a H a P a D g $ " in m 3 -n 4. rn n Z .5'"' N v o V" r s a a B o o p c p a , 3 o' m — X 0 C o 0cp`r " S S g g 5 , o; 3 0 (n n ;S CrJ O / t V oV o o r co a lb CI Iv xS, CD I cig m 2 w Ivi CA A • C:) F .;* 0 r.t., I:, it. 5)+, ilikmIMI y r oo C4 1 o (D d iN y o0 . CD a x 0 a e- 0 v O 90 SENDER: CO PLETE TrlIS SECTION COMPLETE THIS SECTION ON DELIVERY O Complete items 1,2,and 3. A. Signet ,_ CZ .JQ Print your name and adt>h,)ss on the reverse x f/ _,i el Agent 0 so that we can return the card to you. el ill"' Addressee moi Attach this card to the back of the mailpiece, B. -rr•'- '' ' if ame C. Date of Delivery yoronthefrontifspacepermits. d l~ 1. Article Addressed to:C. Is de address different from item 1? 0 Yes 0' c UNES, dee* delivery address below: No l" Z CJv'= L IEC 2 2018 nn tri 03. Adult Service T 0 Priority Mail Express® 1 \\11111111111111111111111 11111111111 0 Adult Sign ieStricted Delivery 00 Registered Malin" Registered Mail Restricted ery H r 9590 9402 2997 7094 0518 25 0 i' 3victed Delivery ReturnReceipt for O 0 Collect ery Merchandise 9- Arfirin M„mke..T....-s------ -- • • ••Ilea ery Restricted Delivery 0 Signature ConfimiatlonTM 7 017 3,000 0000 6991 1022 ure 0 Signature Confirmation ure sstricted Delivery Restricted Delivery I (over PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt i Agenda Item #5.B.05 Sep 2019Page 149 of 304 0.,:vi,-,- R CODE ENFORCEMENT BOARD ii:; CITY OF ATLANTIC BEACH, FLORIDA 01119%' NOTICE OF HEARING 1/30/2019 Case Number: 18-113 JOHNSON WILLIE ESTATE Certified Mail Return Receipt: P.O. BOX 5083 70171000000069911237 JACKSONVILLE,FL 32247 Property Address: 1921 MEALY ST ATLANTIC BEACH,FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6,Article II, Section 6-16. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on March 12,2019 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E, LEWIS SUBDIVISION, N 49FT LOT 1,N 49FT OF E 3FT LOT 5, BLK 3 International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions.Roof water shall not be discharged in a manner that creates a public nuisance. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. STATEMENT OF CODE ENFORCEMENT OFFICER: On 1/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1921 MEALY 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: House is in need of repairs to include roof, soffit, fascia, loose siding and windows. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please Page 1 of 2 Agenda Item #5.B. 05 Sep 2019 Page 150 of 304 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 iln, ,(G : Ze 0rr---f hereby swear and affirm that the above statement is true and aCcurate. IIc.;,1 or 1Ili gela I *Z , Code E ement Officer;Cit of Atlantic Beach ATTEST: t c.i.:..z--- Cli i. ir Lori Diaz, Records Clerk 4111 U.S. Postal Service'"" CERTIFIED MAIL° RECEIPT r` m Domestic Mail Only ri For delivery information,visit our website at www.usps.com5. rl p"' Certified Mail Fee 0 $ a Extra Services&Fees(check box,add fee as appropriate) O 0 Return Receipt(hardcopy) $ Return Receipt(electronic) $ Postmark t Certified Mail Restricted Delivery $ Here ci 0 Adult Signature Required $ Adult Signature Restricted Delivery$ O Postage O $ Total Postage and Fees r-.4 c3 Ap7.Na,or PO Box Na i— City,State,ZIP+4• PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Page 2 of 2 Agenda Item #5.B. 05 Sep 2019 Page 151 of 304 0 .1t4o- 1City of Atlantic Beach 1 11 1 III Ill 1 1 ,rEsIo3072 os- r19POSTAGE$ 0FIR0ST- CLA8SS 0MA0IL 800 Seminole Road4.1 Atlantic Beach, Florida 32233 Arti 1"- ZIP 32233 7 0 1 7 1000 0000 6 9 9 1 1 2 041M11299654 A \ JI Ld•-•A... vw.vv a•..auw.,v.• ... 91 fOHNSON WILLIE ESTATE Cer NI_ ;:1-.E z ,.. P.O. BOX 5083 701 RETURN TO SENDER U ttr-! 4,7M-F-21 tJACKSONVILLE, FL 32247 U N ABLE TO FOR WARD PrA4c 3 CI 32233546199 0538-049437-31-46 Iil. 0 1:i-;::•::-.:ii-.::Spipi3t*,,,•Nfti 61 rillithilliquiliwddIdiriiirliiiiii1igitihiti1]1111.13 II Agenda Item #5.B.05 Sep 2019Page 152 of 304 2/27/2019 USPS.com®-USPS Tracking®Results FAQs ) (https://www.usps.com/fags/uspstracking-faqs.htm)USPS Tracking® Track Another Package -I- TrackingTracking Number: 70171000000069911237 Remove X This is a reminder to arrange for redelivery of your item or your item will be returned to sender. Delivery Attempt Reminder to Schedule Redelivery of your item Get Updates \/ n CD CD n e- Text & Email Updates Tracking History Reminder to Schedule Redelivery of your item This is a reminder to arrange for redelivery of your item or your item will be returned to sender. February 12, 2019, 10:27 am Available for Pickup JACKSONVILLE, FL 32247 February 12, 2019, 10:26 am Arrived at Unit JACKSONVILLE, FL 32207 February 10, 2019 In Transit to Next Facility https://tools.usps.com/gorrrackConfirmAction?tLabels=70171000000069911237 1/3 Agenda Item #5.B. 05 Sep 2019 Page 153 of 304 2/27/2019 USPS.com®-USPS Tracking®Results February 6, 2019, 3:24 am Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER January 31, 2019, 11:13 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information u See Less " Can't find what you're looking for?cpCDQ Go to our FAQs section to find answers to your tracking questions. FAQs (htps://www.usps.com/fags/uspstracking-faqs.htm) The easiest tracking number is the one you don't have to know. https://tools.usps.com/go/TrackConfirmAction?tLabels=70171000000069911237 2/3 Agenda Item #5.B. 05 Sep 2019 Page 154 of 304 CODE ENFORCEMENT BOARD t1 CITY OF ATLANTIC BEACH,FLORIDA NOTICE OF HEARING 2/28/2019 Case Number: 18-113 JOHNSON WILLIE ESTATE POSTED ON PROPERTY AND P.O. BOX 5083 ATLANTIC BEACH CITY HALL JACKSONVILLE,FL 32247 Property Address: 1921 MEALY ST ATLANTIC BEACH,FL Dear Respondent: The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6,Article II, Section 6-16. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on March 12,2019 at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E, LEWIS SUBDIVISION, N 49FT LOT 1,N 49FT OF E 3FT LOT 5,BLK 3. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. STATEMENT OF CODE ENFORCEMENT OFFICER: On 1/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1921 MEALY 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: House is in need of repairs to include roof, soffit, fascia, loose siding and windows. 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. Agenda Item #5.B. 05 Sep 2019 Page 155 of 304 2Ct I `"I hereby swear and affirm that the above statement is true and accurate. Angela Iriz , Code Enforcement Officer, City of Atlantic Beach ATTEST: 0tLoriDiaz, Records Clerk Agenda Item #5.B. 05 Sep 2019 Page 156 of 304 CITY OF ATLANTIC BEACH zt\ 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 yr PHONE (904) 247-5800 JF31 r NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 18-113 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: Z1Z-11 Lai Location: 1921 MEALY ST,Atlantic Beach,Florida 2) Date Posted: Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 0 Angela Co nforce II en County of Duval State of Florida The foregoing Affidavit was acknowledged before me this day of ma(C} 20 9 , by Angela Irizarry,who is personally known to me as Code Enforcement for the City of Atlantic Beach. Person taking acknowledgement:itcy3LLNotaryStamp/Seal) Notary Public, State of Flori it :: LORI ova z MY COMMISSION 8 GG 278336 eco= SIRES:November 13,2022 Bonded Thu McWY Pubic llnde mllera Agenda Item #5.B. 05 Sep 2019 Page 157 of 304 S.:L‘lf` Page 1 of 2 al -414 OW, CITY OF ATLANTIC BEACH, FLORIDA inA s NOTICE OF HEARING tart c-P 5/31/2019 Case Number: 18-113 JOHNSON WILLIE ESTATE Certified Mail Return Receipt: P.O. BOX 5083 70171000000069911459 JACKSONVILLE, FL 32247 Property Address: 1921 MEALY ST ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on July 11,2019 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E, LEWIS SUBDIVISION, N 49FT LOT 1,N 49FT OF E 3FT LOT 5, BLK 3. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. STATEMENT OF CODE ENFORCEMENT OFFICER: On 5/30/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1921 MEALY 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: House is in need of repairs to include roof, soffit, fascia, loose siding and windows. Agenda Item #5.B. 05 Sep 2019 Page 158 of 304 Page 2 of 2 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, F'\r\QC.-\cz. V k f(hereby swear and affirm that the above statement is true and agate. Angela I 1 ::\'''N1?- 5).---- Code Enforcement Officer, City of Atlantic Beach f ` Q — o i l"'1 , 4 g - n z 0 2 - NJ ( 0 = m 88 5P o m ATTEST: a -':. 14 7D 03 til 3 O a - r m m '` m C) JA -2L 0 ..... i, c D O ttttttttttttt-. 72Lva‘O N o m o m w nNDrNi5/ w 5/t.. y Lori Diaz, Records Clerk f FA D 3 8 . tea' t-i7 co .....4 =.- mw fpO a ? Z D u 0 l cam- •,--, (1 w Cn D 2 CO tt V y • to p cn a 0 — 00 y O a 7 0 0-. p SOM o A N — d 2 i6o L , i T R. m E' a) m U.S. Postal ServiceTM c V) CERTIFIED MAILS RECEIPT E L' Domestic Mail Only 000000P tri b'S 'igg' P W p 0Fordeliveryinformation,visit our website at www.usps.com®. Els-»»5 y xi w 8 00$-8.>>" mm Zi Er Certified Mail Fee Er s ??g t E e rr Q ama :'1 Extra Services&Fees(check box,add fee as appropriate) a m a g 6- 10? matiD Retum Receipt(hardcoPY) $ a a i5/. C, 1 mReturnReceipt(electronic) $4 toDPostmarkC) D AdrtifiSd Mau eestricted Delivery $ Hera m Ql OD Adult Signature Resricte $ F .Zm O-. Adutt Signature Restricted Delivery$ D Postage D $0 c' s\\ iE z O D Total Postage and Fees y 7$v 3m 5/717 33-o ` , Um j n liegg0Z..a \1 ` fa 0 m ZIt` Sent To m t D $beet(dAp r"pCj fox No. ii 3,3,ifl- City,State,ZIP+4 i o'Zy I 7 7 m PS Form 3800,April 2015 PSN 7530-02-000-904a7See m See Reverse for Instructions Agenda Item #5.B. 05 Sep 2019 Page 159 of 304 Page 1 of 2 SLAN:r1,..,CODE ENFORCEMENT j CITY OF ATLANTIC BEACH, FLORIDAs0 j NOTICE OF HEARING Pt DEIFY? 7/26/2019 Case Number: 18-113 JOHNSON WILLIE ESTATE Certified Mail Return Receipt: P.O. BOX 5083 70171000000069911886 JACKSONVILLE, FL 32247 Property Address: 1921 MEALY 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 5, 2019 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E, LEWIS SUBDIVISION, N 49FT LOT 1,N 49FT OF E 3FT LOT 5, BLK 3. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC Sec. 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. STATEMENT OF CODE ENFORCEMENT OFFICER: On 7/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1921 MEALY 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: House is in need of repairs to include roof, soffit, fascia, loose siding and windows. At the July 11, 2019 Special Magistrate hearing, an order was issue to repair the home within 30 days. To date, no permit applications have been received to begin repairs. Agenda Item #5.B. 05 Sep 2019 Page 160 of 304 Page 2 of 2 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 2C&f hereby swear and affirm that the above statement is true and accurate. Angela Iri ': y, Code Enforce ie Officer(' ATTEST: Cait Lori Diaz, Records Clerk U.S. Postal Servicee" CERTIFIED MAIL® RECEIPT Domestic Mail OnlycO r r9 For delivery information,visit our website at www.usps.com®. r9 p^ Certified Mail Fee Er Extra Services&Fees(check box,add fee as appropriate) Return Receipt(hardcopy) $ O Return Receipt(electronic) $ Postmark El Certified Mail Restricted Delivery $ Here 0 Adult Signature Required $ Adult Signature Restricted Delivery$ O Postage Total Postage and Fees 1-9 1-9 Ser 1 r1 L - %\3OstreetandApt.No.,or PO Box No. City,State,ZIP+4i PS Form 3800,April 2015 PSN 7530.02-000-9047 See Reverse for Instructions Agenda Item #5.B. 05 Sep 2019 Page 161 of 304 pA"Mkjot City of Atlantic Beach NEOPOST FIRST CLASS MAIL 800 Seminole Road4. 07/26/2019 $006 80°10.I 111 I 1AtlanticBeach, Florida 32233 US POSTAGE s ,i 1. q\__ky- 7017 1000 0000 6991 1886 III ! 4041M11299654 t,i0c I 7/26/2019 Case Number: 18 NI XI E. 322 DE 1 0008 /.13/19 JOHNSON WILLIE ESTATE RETURN TO SENDER P.O. BOX 5083REFUSED7UNA3LETO FORWARD 1 JACKSONVILLE, FL 32247iteF L; y i ...ii 4 .L ti ty * 6535-06357-26-40 k A Gi.4 7}JE"61 a111119111111111111i1i111ii111111, ivii111111111ful ii11j111i111 66 Agenda Item #5.B.05 Sep 2019Page 162 of 304 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER IMPOSING FINE/LIEN CITY OF ATLANTIC BEACH,FLORIDA,Petitioner vs. JOHNSON, WILLIE ESTATE,Respondent First Class and Certified Mail Returnn Rece' P.O. Box 5083 Requested:7 /7 /a 0 OAU b / /S 4/ JACKSONVILLE, FL 32247 Property Address: 1921 MEALY STREET ATLANTIC BEACH,FL Case Number: 18-113 Real Estate Parcel Number: 172352 0000 Legal Description: 24-92 17-2S-29E LEWIS SUB N 49FT LOT 1,N 49'OF E 3'LOT 5 BK3 ORDER IMPOSING FINE ON CASE NO. 18-113 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on July 11,2019, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters issues the Findings of Fact,Conclusions of Law and Order as follows: FINDINGS OF FACT 1. Respondent Estate owns or controls the property located at 1921 Mealy Street,Atlantic Beach, Florida. 2. Notice of the hearing was provided by certified mail. 3. No one appeared for the Respondent at the hearing. 4. Notification of the violations of the Code of Ordinances of the City of Atlantic Beach was made and served on the Respondent as evidenced in this hearing. 5. Respondent previously appeared at code enforcement hearings held on September 11,2018 and November 28,2018, after which the matter was continued. 6. The violations of the Code of Ordinances set forth in the notices have not been corrected and continue to exist as of this hearing date despite ample time for correction. 7. Disrepair of the roof and gutters, the presence of high weeds, and the presence of cracked or broken window glazing all exist on the property as of the date of the hearing. CONCLUSIONS OF LAW 8. The Respondent's property is NOT IN COMPLIANCE with the Code of Ordinances of the City of Atlantic Beach due to the disrepair of the roof and gutters, the presence of high weeds, and the presence of cracked or broken window glazing. 9. These conditions violate International Property Maintenance Code §§ 304.7, 302.4, and 304.13.1 which has been adopted in Atlantic Beach by Atlantic Beach Code of Ordinances § 6-120. Agenda Item #5.B. 05 Sep 2019 Page 163 of 304 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 of the Code of Ordinances for non-compliance and must obtain compliance on or before August 10, 2019. Failure to comply on or before August 28, 2019 will result in fines of$250.00 for the first day and $250.00 for every day thereafter that the violation continues to exist. In addition, any fine shall also include the administrative costs to the City incurred in prosecuting this case. THAT the Respondent is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance on or before August 28,2019. THAT failure to pay all accumulated fines will result in a lien being placed against the property at 1921 Mealy Street for the total assessment plus costs incurred for the filing of the lien. All lien amounts will incur an interest rate of ten(10)percent per annum from date of certification until paid. DONE AND ORDERED ON JULY2 2019. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: rrL40,{: iaz, Recor s Cl J-,T. Branham, Special Magistrate Executed thiH Day of 2019. PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this order shall be filed in circuit court within thirty(30) days of this order's execution. U.S. Postal Service`' CERTIFIED MAIL° RECEIPT Domestic Mail Only u'1 For delivery information,visit our website at www.usps.como. rl Q' Certified Mail Fee U' $ Extra Services&Fees(check box,add fee as appropriate) 0 Return Receipt(hardcopy) $ _ 0 Return Receipt(electronic) $ Postmark Certified Mail Restricted Delivery $ Here El Adult Signature Required $ Adult Signature Restricted Delivery$ l Postage Total Postage and Fees P`- Sent TO \ l) t a _ \`-0 Street and Apt.No.,or fox No. pity,State,2!P+44 PS Form 3800,April 2015 PSN 7530-02-oo0-9047 See Reverse for Instructions Agenda Item #5.B. 05 Sep 2019 Page 164 of 304 Page 1 of 2 1'CODE ENFORCEMENT A ' CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING r - 7/26/2019 Case Number: 18-113 JOHNSON WILLIE ESTATE Certified Mail Return Receipt: P.O. BOX 5083 70171000000069911886 JACKSONVILLE, FL 32247 Property Address: 1921 MEALY 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 5, 2019 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E, LEWIS SUBDIVISION, N 49FT LOT 1,N 49FT OF E 3FT LOT 5, BLK 3. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6,Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC Sec. 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. STATEMENT OF CODE ENFORCEMENT OFFICER: On 7/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1921 MEALY 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: House is in need of repairs to include roof, soffit, fascia, loose siding and windows. At the July 11, 2019 Special Magistrate hearing, an order was issue to repair the home within 30 days. To date, no permit applications have been received to begin repairs. Agenda Item #5.B. 05 Sep 2019 Page 165 of 304 Page 2 of 2 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, h + lQ Q. 2. r'1 hereby swear and affirm that the above statement is true and accurate. Angela Iri.v , Code Enforce iffr Officer(' ATTEST: Lori Diaz, Records Clerk Agenda Item #5.B. 05 Sep 2019 Page 166 of 304 i y''Jr CITY OF ATLANTIC BEACH 5ii 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 f` NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 18-113 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: q, 1) Date Posted: 12-1\ l Location: 1921 MEALY ST, Atlantic Beach, Florida 2) Date Posted: Th122—\ CI Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 0 Am, Angela Irizarode Enforce I, •nt 4111AI County of Duval State of Florida The foregoing Affidavit was acknowledged before me this a day of6Ui 71- 20 , by Angela Irizarry,who is personally known to me as Code Enforcement Por the City of Atlantic Beach. Y. Person taking acknowledgement: 1 ill • -Notary Stamp/Seal) Noi Public, State o fig ida MY COMMISSION#OG 276336 14-'4:-pA EXPIRES:November 13.2022 Vi_? eoi te: Bonded Tin Notary PMC UndetwRns Agenda Item #5.B. 05 Sep 2019 Page 167 of 304 SLy ,. CODE ENFORCEMENT 4*,IA S) CITY OF ATLANTIC BEACH, FLORIDAIr' NOTICE OF HEARING t X3,3 !.) 8/22/2019 Case Number: 18-113 JOHNSON WILLIE ESTATE POSTED ON PROPERTY AND P.O. BOX 5083 ATLANTIC BEACH CITY HALL JACKSONVILLE, FL 32247 Property Address: 1921 MEALY 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 5 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 1921 MEALY ST, RE#172352 0000, 24-92 17-2S-29E, LEWIS SUBDIVISION, N 49FT LOT 1,N 49FT OF E 3FT LOT 5, BLK 3. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. IPMC Sec. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. STATEMENT OF CODE ENFORCEMENT OFFICER: On 7/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 1921 MEALY 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: House is in need of repairs to include roof, soffit, fascia, loose siding and windows. At the July 11, 2019 Special Magistrate hearing, an order was issue to repair the home within 30 days. To date, no permit applications have been received to begin repairs. 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 Agenda Item #5.B. 05 Sep 2019 Page 168 of 304 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. 4.I, Q 1e , 2( jr( hereby swear and affirm that the above statement is true an ccurate. Angela Irizarry, Code Enforcement Officer, City of Atlantic Beach ATTEST: Ain.c. baz Lori Diaz, Records Cid Agenda Item #5.B. 05 Sep 2019 Page 169 of 304 Page 170 of 304 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL PROPERTY OWNER KENNETH ALLEN WEATHERBY 351 19TH ST ATLANTIC BEACH, FL 32233 VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES Motor Vehicle 7/25/2016 11/13/2017 Mercedes inoperable VIOLATIONS Description: Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 7/25/2016 Closed: Last Action: 8/27/2019 Fllw Up: 8/27/2019 Site Address: 351 19TH ST ATLANTIC BEACH, FL 32233 Site APN: 172020 1258 Officer: Angela Irizarry Details:RECOMMENDATION: Staff recommends the Board find the property owner in violation and order that compliance be achieved by removing the inoperable vehicle from the premises and mowing and cleaning the yard by November 21,2016 or a fine of $200.00 be imposed for the first day and $200.00 for every day thereafter the violation continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Printed: Thursday, 29 August, 2019 1 of 9 CASE DETAILS Case Number 16-283 Agenda Item #5.B.05 Sep 2019Page 171 of 304 Motor Vehicle 7/25/2016 11/13/2017 fcharset0 Tahoma; IPMC Sec.302.8 - Motor Vehicles "No inoperative or unlicensed motor vehicle shall be parked or kept or stored on any premises, and no vehicle shall at any time be in a state of disrepair, major disassembly or in the process or being stripped or dismantled". Nuisance - Overgrown 7/25/2016 11/13/2017 excessive amounts of tree debris Sec. 12-1 Nuisances (b) It is hereby declared to be a nuisance, the enumerations of which are merely indications of the nature of the type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (11) For any person or business to allow vegetation other than cultivated plants, shrubs or trees to exceed a height of more than twelve(12) inches on any developed lot, or within twenty (20) feet of any occupied residential property, business property or city right of way. Recommendation CEB 7/25/2016 7/26/2018 1-3-2017 Printed: Thursday, 29 August, 2019 2 of 9 CASE DETAILS Case Number 16-283 Agenda Item #5.B.05 Sep 2019Page 172 of 304 CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES LIEN-ADD LIEN OR RECURRING CHARGE Angela Irizarry 2/6/2019 2/6/2019 Sent updated invoice in the amount of $86,945.11 TELEPHONE CALL Angela Irizarry 2/18/2019 2/19/2019 Received call from Mr. Weatherby requesting a hearing to ask for a reduction in fines. NOTICE OF HEARING Lori Diaz 5/29/2019 5/29/2019 CHRONOLOGY Recommendation CEB 7/25/2016 7/26/2018 RECOMMENDATION: Staff recommends the Board find the property owner in violation and order that the fine of two hundred dollars ($200.00) per day be imposed for non compliance commencing on November 22, 2016 and everyday thereafter the violation continues to exist. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an inspection of compliance. Weeds 7/25/2016 11/13/2017 Tall weeds rear yard, debris IPMC 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Printed: Thursday, 29 August, 2019 3 of 9 CASE DETAILS Case Number 16-283 Agenda Item #5.B.05 Sep 2019Page 173 of 304 MISC NOTES/ACTION Lori Diaz 5/30/2019 5/30/2019 Send letter acknowledging Owners request to ask for a fine reduction before the Special Magistrate CMRR STATUS UPDATE Angela Irizarry 6/7/2019 6/7/2019 Rcvd signed green card. Signed by KA Weatherby From: Alan Winter [mailto:awinter@winterlawfirm.com] Sent: Monday, July 01, 2019 12:12 PM To: Irizarry,Angela <aIrizarry@coab.us> Subject: RE: CASE: 351 19th Street, AB, FL Ms. Irizarry: Thank you for this. Then my request is that we be placed on the docket for September 05 and I will insure that my client and I will be in attendance and ready for the hearing. Thank you. W. Alan Winter, Esquire c/o The Winter Law Firm 310 Third Street Neptune Beach, Florida, 32266 (904) 242-0222 Email: awinter@winterlawfirm.com From: Irizarry,Angela <aIrizarry@coab.us> Sent: Monday, July 1, 2019 12:05 PM To: Diaz, Lori <ldiaz@coab.us> Cc: Alan Winter <awinter@winterlawfirm.com> Subject: RE: CASE: 351 19th Street, AB, FL Mr. Winter, I apologize for not responding sooner. Since the Owner requested this meeting, I have no issues with moving it to a later date. The next regularly scheduled meeting will be held on September 5th. Printed: Thursday, 29 August, 2019 4 of 9 CASE DETAILS Case Number 16-283 Agenda Item #5.B.05 Sep 2019Page 174 of 304 EMAIL RECEIVED Angela Irizarry 7/1/2019 7/1/2019 From: Diaz, Lori Sent: Monday, July 01, 2019 10:23 AM To: Irizarry,Angela <aIrizarry@coab.us> Cc: Alan Winter <awinter@winterlawfirm.com> Subject: FW: CASE: 351 19th Street, AB, FL Yes, will do it now. From: Alan Winter [mailto:awinter@winterlawfirm.com] Sent: Monday, July 01, 2019 10:07 AM To: Diaz, Lori <ldiaz@coab.us> Subject: RE: CASE: 351 19th Street, AB, FL Ms. Diaz: I have not heard from her yet. I just want to make certain that everyone that needs to be at the hearing, can be at the hearing. Can you please remind her that I am awaiting a decision. Thank you. W. Alan Winter, Esquire c/o The Winter Law Firm 310 Third Street Neptune Beach, Florida, 32266 (904) 242-0222 Email: awinter@winterlawfirm.com From: Diaz, Lori <ldiaz@coab.us> Sent: Monday, July 1, 2019 9:43 AM To: Alan Winter <awinter@winterlawfirm.com> Subject: RE: CASE: 351 19th Street, AB, FL Hello, I relayed your message to the Code Enforcement Officer and Printed: Thursday, 29 August, 2019 5 of 9 CASE DETAILS Case Number 16-283 Agenda Item #5.B.05 Sep 2019Page 175 of 304 she told me she would email you and let you know it is fine to reset hearing date. Did you hear from her yet? Thank you, Lori Diaz, Records Clerk From: Alan Winter [mailto:awinter@winterlawfirm.com] Sent: Thursday, June 27, 2019 6:56 PM To: Diaz, Lori <ldiaz@coab.us> Subject: Re: CASE: 351 19th Street, AB, FL Did you get my request about the time conflict? Get Outlook for iOS ________________________________________ From: Diaz, Lori <ldiaz@coab.us> Sent: Thursday, June 27, 2019 5:09:31 PM To: Alan Winter Cc: Bartle, Donna Subject: RE: CASE: 351 19th Street, AB, FL Attorney Winter, I apologize for the delay. Below is a link to records responsive to the attached request.. If you have trouble opening or viewing let me know. Thank you. 351 19th Street Lori Diaz Lori Diaz, Records Clerk City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 O:(904) 247-5810 F: (904) 247-5846 Printed: Thursday, 29 August, 2019 6 of 9 CASE DETAILS Case Number 16-283 Agenda Item #5.B.05 Sep 2019Page 176 of 304 NOH LTR Lori Diaz 7/25/2019 7/26/2019 This is one of the per your request, you are being placed on the agenda notices. MISC LETTER/CORRESPONDENCE Angela Irizarry 7/30/2019 7/30/2019 Received notice from Respondents attorney, Alan Winter, that Mr. Weatherby suffered a heart attacked and did not survive. CMRR RETURNED FROM PO Angela Irizarry 8/19/2019 8/19/2019 Notice of Hearing returned from post office. MISC LETTER/CORRESPONDENCE Angela Irizarry 8/26/2019 8/26/2019 Received follow up notice from Mr. Winter regarding the reduction request. The family would like to proceed with the request. TELEPHONE CALL Angela Irizarry 8/27/2019 8/27/2019 Spoke with Atty Winter and confirmed he will be appearing on behalf of the family. INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES CEB INSPECTION DW 11/13/2017 11/13/2017 VIOLATION CORRECTED VEHICLE IS GONE INSPECTION DAW 7/25/2016 7/25/2016 VIOLATION courtesy notice issued on 7-19-2016 ( 5 days) for complaince 7-19-2016 issued courtesy notice REINSPECTION DAW 11/22/2016 11/22/2016 VIOLATION check for compliance with CEB order REINSPECTION DAW 1/3/2017 1/3/2017 VIOLATION VEhicle remains in same spot and has not been moved. Beginning to get covered with tree debris and leaves. REINSPECTION DAW 7/26/2016 7/28/2016 VIOLATION spoke to Mr. weatherby he will move vehicle 5145356 cell REINSPECTION DAW 8/29/2016 8/29/2016 VIOLATION INSPECTIONS Printed: Thursday, 29 August, 2019 7 of 9 CASE DETAILS Case Number 16-283 Agenda Item #5.B.05 Sep 2019Page 177 of 304 REINSPECTION DAW 9/12/2016 10/13/2016 VIOLATION Some progress on yard, vehicle has not been moved, valid tag placed on the vehicle but it has not moved in months. I advised Mr. Weatherby that he needs to move the vehicle to verify it is operable. REINSPECTION DAW 9/29/2016 9/29/2016 VIOLATION FINANCIAL INFORMATION DESCRIPTION ACCOUNT QTY AMOUNT PAID PAID DATE RECEIPT #CHECK #METHOD PAID BY CLTD BY $250 00100003543000 0 $242,000.00 $0.00 Total Paid for CE DAILY FINE: $242,000.00 $0.00 INTEREST 00100003543000 0 $51.85 $0.00 Total Paid for INTEREST: $51.85 $0.00 RECORDING FEE 00100003419003 0 $18.50 $0.00 Total Paid for RECORDING FEE: $18.50 $0.00 TOTALS:$242,070.35 $0.00 Printed: Thursday, 29 August, 2019 8 of 9 CASE DETAILS Case Number 16-283 Agenda Item #5.B.05 Sep 2019Page 178 of 304 Printed: Thursday, 29 August, 2019 9 of 9 CASE DETAILS Case Number 16-283 Agenda Item #5.B.05 Sep 2019Page 179 of 304 Page 180 of 304 Agenda Item #5.C. 05 Sep 2019 Page 181 of 304 Agenda Item #5.C. 05 Sep 2019 Page 182 of 304 Agenda Item #5.C. 05 Sep 2019 Page 183 of 304 i•-L l r y' CITY OF ATLANTIC BEACH s, s- 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 lay PHONE (904) 247-5800 J;31s CERTIFIED MAIL RETURN RECEIPT REQUESTED 7018 2290 0001 0116 7988 4/30/2019 PARKER IDA L 15 FORRESTAL CIR N ATLANTIC BEACH, FL 32233 Real Estate Number: 171747 0000 Case Number: 19-023 Location of Violation: 15 FORRESTAL CIR, 30-56 38-2S-29E, ATLANTIC BEACH VILLA UNIT 1, LOT 19 BLK 1 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 are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6- 16. A code enforcement inspection at 15 FORRESTAL CIR was conducted on 4/29/2019. 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: Sec. 6-16. Adoption of Florida Building Code. There is hereby adopted, subject to any modifications, changes and amendments set forth in this article, and for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as The Florida Building Code established by Florida Statutes Chapter 553, Part VII, as amended from time to time so that the latest edition of the Florida Building Code shall apply and the International Property Maintenance Code, most recent edition. in the office of the city clerk, and the same are adopted and incorporated as fully as if set out at length in this article, and the provisions thereof shall be controlling in the construction of all buildings and other structures within the city. NATURE OF VIOLATION: Siding work was performed on the home without a valid City of Atlantic Beach building permit as required by the Florida Building Code. This letter requests that the noted violation(s) be corrected by applying for and obtaining a valid building permit 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 Board resulting in fines up to two hundred Agenda Item #5.C. 05 Sep 2019 Page 184 of 304 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, 1Q l 1 hereby swear and affirm that the above statement is true and acc ate. Sincerely, a Angela Irizarry CODE ENFORCEMENT Agenda Item #5.C. 05 Sep 2019 Page 185 of 304 I. . •os a ervice CERTIFIED MAIL® RECEIPT O Domestic Mail Only For delivery information,visit our website at www.usps.com''. 17 Certified Mail Fee Extra Services&Fees(check box,add fee as appropriate) 0 Return Receipt(hardcopy) D Return Receipt(electronic) Postmark Certified Mail Restricted Delivery $ Here 0 Adult Signature Required D Adult Signature Restricted Delivery$ 3 Postage u u Total Postage and Fees 0 Sent To R- c=z3 street andApt.No.,or PC' No. gtx) eve-I-- City State,ZIP+44 4 I 2-0 Agenda Item #5.C.05 Sep 2019Page 186 of 304 J City of Atlantic Beach NEOPOST FIRST-CLASS MAW_ A 800 Seminole Road s e4130/2019 QQ US POSTAGE$OO6 U de Atlantic Beach, Florida 32233 32233 JUN - 3 2019 7018 2290 0001 0116 7988 _. ' '44 — 041M11299654041MP299654 A\ 1. ,, PARKER IDA L u " .._- r i 2 2 DE 1 fi H`: 9; _Y i 15 FORRESTAL CIR N RETURN TO SENDER It ATLANTIC BEACH, FL 32233 OUNA3LT(7) FORWARD 3C: 32233546199 1538-02939-01-39 c ,Ic 1 hill iiiiiiiitillsiellilsaitlitlillililis4iltnktt1\ Oi“I‘Ikt‘ 4'..4:2w1 Z e Agenda Item #5.C.05 Sep 2019Page 187 of 304 Page 1 of 2 S` A / jr fl CITY OF ATLANTIC BEACH, FLORIDA as:. A :J NOTICE OF HEARING J^x z J11r-P 5/31/2019 Case Number: 19-023 PARKER IDA L Certified Mail Return Receipt: 15 FORRESTAL CIR N 70171000000069911671 ATLANTIC BEACH, FL 32233 Property Address: 15 FORRESTAL CIR ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on July 11,2019 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 15 FORRESTAL CIR, RE#171747 0000, 30-56 38-2S-29E, ATLANTIC BEACH VILLA UNIT 1, LOT 19 BLK 1. 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. 6-16. Adoption of Florida Building Code. There is hereby adopted, subject to any modifications, changes and amendments set forth in this article, and for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as The Florida Building Code established by Florida Statutes Chapter 553, Part VII, as amended from time to time so that the latest edition of the Florida Building Code shall apply and the International Property Maintenance Code, most recent edition. in the office of the city clerk, and the same are adopted and incorporated as fully as if set out at length in this article, and the provisions thereof shall be controlling in the construction of all buildings and other structures within the city. STATEMENT OF CODE ENFORCEMENT OFFICER: On the undersigned Code Enforcement Officer conducted an inspection of the premises located at 15 FORRESTAL CIR. 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: Siding work was performed on the home without a valid City of Atlantic Beach building permit as required by the Florida Building Code. Agenda Item #5.C. 05 Sep 2019 Page 188 of 304 Page 2 of 2 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. hereby swear and affirm that the above statement is true and accurate. Angela •arty, Code Enforcement Officer, City of Atlantic Beach ATTEST: Alva91, Lori Diaz, Records Clerk S U.S. Postal Service" CERTIFIED MAIL° RECEIPT Domestic Mail Only r- a4- 13 For delivery information,visit our website at www.usps.comx. p" Certified Mail Fee Er 11 Extra Services&Fees(check box,add fee as appropriate) 0 Return Receipt(hardcopy) $ O 0 Return Receipt(electronic) $ Postmark 0 Certified Mail Restricted Delivery $ Here0AdultSignatureRequired $ 0 Adult Signature Restricted Delivery$ O Postage r-R Total Postage and Fees N Sent TeR: ^r\' 7 MI 'Street and Apt.No.,or PO Box No. City,State,ZIP+46 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Agenda Item #5.C. 05 Sep 2019 Page 189 of 304 7/2/2019 USPS.com®-USPS Tracking®Results FAQs > (https://www.usps.com/fags/uspstracking-fags.htm)USPS Tracking® Track Another Package + Tracking Number: 70171000000069911671 Remove X This is a reminder to arrange for redelivery of your item or your item will be returned to sender. Delivery Attempt Reminder to Schedule Redelivery of your item Get Updates \/ m CD CD Q e- Text & Email Updates u Tracking History Product Information u See Less /\ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs (https://www.usps.com/faqs/uspstracking-faqs.htm) https://tools.usps.com/go/TrackConfirmAction?tLabels=70171000000069911671 1/2 Agenda Item #5.C. 05 Sep 2019 Page 190 of 304 CITY OF ATLANTIC BEACH A A 800 SEMINOLE ROAD s ATLANTIC BEACH,FL 32233 zr PHONE (904)247-5800 1;.4,05119 NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 19-023 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: I Location: 15 FORRESTAL CIR, Atlantic Beach, Florida 2) Date Posted: 1 Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 Angela Ir. Z,, Code Enforceme 411) County of Duval State of Florida The foregoing Affidavit was acknowledged before me this I, day of 3 t. 20 l q , by Angela Irizarry,who is personally known to me as Code Enforcement foithe City of Atlantic Beach. Person taking acknowledgement: Notary Stamp/Seal) fpi I , Notary Public, tate 4 lorida rsr u" LORI DIAZ MY COMMISSION 4;--Y1 DOMES: br 1 2022' Q1 f°S Bonded ihuNotify R kUnduwden Agenda Item #5.C. 05 Sep 2019 Page 191 of 304 C` ` ' 1 'i, CODE ENFORCEMENT kj 2 CITY OF ATLANTIC BEACH, FLORIDA yr NOTICE OF HEARING iJ1111 7/1/2019 Case Number: 19-023 PARKER IDA L POSTED ON PROPERTY AND 15 FORRESTAL CIR N ATLANTIC BEACH CITY HALL ATLANTIC BEACH,FL 32233 Property Address: 15 FORRESTAL CIR 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 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 15 FORRESTAL CIR, RE#171747 0000, 30-56 38-2S-29E, ATLANTIC BEACH VILLA UNIT 1, LOT 19 BLK 1. 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. 6-16. Adoption of Florida Building Code. There is hereby adopted, subject to any modifications, changes and amendments set forth in this article, and for the purpose of establishing rules and regulations for the construction, alteration,removal, demolition, equipment,use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as The Florida Building Code established by Florida Statutes Chapter 553, Part VII, as amended from time to time so that the latest edition of the Florida Building Code shall apply and the International Property Maintenance Code,most recent edition. in the office of the city clerk, and the same are adopted and incorporated as fully as if set out at length in this article, and the provisions.thereof shall be controlling in the construction of all buildings and other structures within the city. STATEMENT OF CODE ENFORCEMENT OFFICER: On 5/30/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 15 FORRESTAL CIR. 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: Siding work was performed on the home without a valid City of Atlantic Beach building permit as required by the Florida Building Code. As of May 31, 2019 no permit application as been submitted to the City of Atlantic Beach.. 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 Agenda Item #5.C. 05 Sep 2019 Page 192 of 304 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. CAI, 121Q Z«r C hereby swear and affirm that the above statement is true and aedurate. Angela Iri , Code Enforcement Officer, City o •tlantic Beach ATTEST: 1 - Nt311 I Lori Diaz,Records Cle 41/ Agenda Item #5.C. 05 Sep 2019 Page 193 of 304 4, City of Atlantic Beach it 1 ll NEO POST P1Rgr CLASS MAIL N71 800 Seminole Road 05/31/2019 US POSTAGE$OO6.8O2AtlanticBeach, Florida 32233 44.-tin y ZIP 32233 7017 1000 0000 6991 164:11Via 041M11299654 75/31/2019 Case-- - PARKERIDAL Certi RFT!tRN TO SENDER UNCLAIMED 15FORRESTALCIRN 70171 UNABLE TO FORWARD ATLANTIC BEACH, FL 32233 BC:32233546199 a a 3 B- e 3 a, 2 4. - 3:_=4 e 2::::::,::-: i3;::;;; 3-?::.4r1 1111111I}11111111111;11ill1155pili1il 1yl Agenda Item #5.C.05 Sep 2019Page 194 of 304 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER CITY OF ATLANTIC BEACH,FLORIDA,Petitioner vs. PARKER IDA L,Respondent First Class and Certified Mail Return R c 'pt 15 FORRESTAL CIR N Requested:—7 p/7 /ODO O 000 b !S 7 Z ATLANTIC BEACH,FL 32233 Property Address: 15 FORRESTAL CIR ATLANTIC BEACH,FL Case Number: 19-023 Real Estate Number: 171747 0000 Legal Description: 30-56 38-2S-29E,ATLANTIC BEACH VILLA UNIT 1,LOT 19 BLK 1 ORDER ON CASE NO. 19-023 THIS CAUSE came for public hearing before Code Enforcement Special Magistrate on July 11, 2019, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT 1. That the Respondent owns the property located at 15 Forrestal Circle,Atlantic Beach,Florida. 2. That notice was sent by Certified Mailing and that Richard Parker appeared for Respondent. 3. That notification of the violations of the City of Atlantic Beach,were made and served on the Respondent as evidenced in this hearing. 4. A stop work order was issued on January 22,2019 due to siding construction being performed on Respondent's property without a permit. 5. Respondent obtained a building permit prior to the hearing. 6. The work has not yet been completed. 7. Respondent agreed to defer the matter until the next code enforcement hearing. CONCLUSIONS OF LAW 8. Sufficient evidence was presented to merit a deferral. 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 matter is deferred until the code enforcement hearing currently set for September 5,2019. Agenda Item #5.C. 05 Sep 2019 Page 195 of 304 DONE AND ORDERED THIS2day of July 2019. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: 01 Lori Diaz,Rerkcords J-, . Bram, Special Magistrate Executed this 30 day of j u 2019. PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this order shall be filed in circuit court within thirty(30)days of this order's execution. Agenda Item #5.C. 05 Sep 2019 Page 196 of 304 Page 1 of 2 0I-Alrel CODE ENFORCEMENT d . k sf CITY OF ATLANTIC BEACH, FLORIDA sr) r Y s) NOTICE OF HEARING 7/26/2019 Case Number: 19-023 PARKER IDA L Certified Mail Return Receipt: 15 FORRESTAL CIR N 70171000000069911862 ATLANTIC BEACH, FL 32233 Property Address: 15 FORRESTAL CIR 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 5, 2019 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 15 FORRESTAL CIR, RE#171747 0000, 30-56 38-2S-29E, ATLANTIC BEACH VILLA UNIT 1, LOT 19 BLK 1. 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. 6-16. Adoption of Florida Building Code. There is hereby adopted, subject to any modifications, changes and amendments set forth in this article, and for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as The Florida Building Code established by Florida Statutes Chapter 553, Part VII, as amended from time to time so that the latest edition of the Florida Building Code shall apply and the International Property Maintenance Code, most recent edition. in the office of the city clerk, and the same are adopted and incorporated as fully as if set out at length in this article, and the provisions thereof shall be controlling in the construction of all buildings and other structures within the city. STATEMENT OF CODE ENFORCEMENT OFFICER: On 7/11/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 15 FORRESTAL CIR. 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: Siding work was performed on the home without a valid City of Atlantic Beach building permit as required by the Florida Building Code. A after-the-fact permit was issued on June 14, 2019. At the July 11, 2019 Special Magistrate hearing, your case was deferred until the September 5, 2019 meeting. Agenda Item #5.C. 05 Sep 2019 Page 197 of 304 Page 2 of 2 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 \c' .rzaruz hereby swear and affirm that the above statement is true and accurate. Angela Iriz. 41', Code Enforcement er ATTEST: 1(.) Lori Diaz, Records Clerk( U.S. Postal Service' CERTIFIED MAIL® RECEIPT rU Domestic Mail Only ra For delivery information,visit our website at www.usps.com®. 1-4 Ir Certified Mail Fee Q' $ 0 Extra Services&Fees(check box,add tee as appropriate) Return Receipt(hardcopy) $ 0 Return Receipt(electronic) $ Postmark Certified Mail Restricted Delivery $ Here 0 Adult Signature Required $ Adult Signature Restricted Delivery$ O Postage r- Total Postage and Fees N Se 02.3Sfreetand - 11§4c.,o )ffox o. tify,state,ZIP+46 PS Form 3800,April 2015 PSN 7530.02.000-9047 See Reverse for Instructions Agenda Item #5.C. 05 Sep 2019 Page 198 of 304 n t FIRST-CLASS MAIL4 # 4Q of Atlantic Beach 1‘,_I oPosT A ill 26/2019 xr r, 800 Seminole Road @@ 0 tic Be ch, Florida 32233 S POSTAGE$006.802 1 fl...A.Zeiteirvq ZIP 32233 PSV 7017 1000 0000 6991 1861041M11299654 7., 1--) 7/26/2019 Case Number: 19- NIXIE 322 DE 1 0008/18/19 PARKERIDAL Certi RETURN TO SENDER I 15 FORRESTAL CIR N UNCLAIMED I70173aETe,5 -u w 4D ATLANTIC BEACH, FL 32233 Jtip.eL: 144:11:: u61Vy 1438-11380-26- 38 i 322:.4 B- i 61 111'111111IIIIIIIIIIIIiidilliIIIIIIIIIJI„IIIIIII1+.lIIIIIIIlilsy Agenda Item #5.C.05 Sep 2019Page 199 of 304 Page 200 of 304 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL ADDITIONAL CONTACT 1 Richard Parker , OWNER PARKER IDA L 15 FORRESTAL CIR N ATLANTIC BEACH, FL 32233 VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES VIOLATIONS Description: per Angela Irizarry - siding work w/o permit Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: STOP WORK ORDER Opened: 1/22/2019 Closed: Last Action: 9/20/2019 Fllw Up: 9/20/2019 Site Address: 15 FORRESTAL CIR Atlantic Beach, Fl 32233 Site APN: 171747 0000 Officer: Angela Irizarry Details:Staff Recommendation: Find the Respondent in violation for the time he was in violation and now in compliance. Printed: Thursday, 29 August, 2019 1 of 5 CASE DETAILS Case Number 19-023 Agenda Item #5.C.05 Sep 2019Page 201 of 304 CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES STOP WORK ORDER POST Angela Irizarry 1/22/2019 1/22/2019 TELEPHONE CALL Angela Irizarry 1/23/2019 1/23/2019 Spoke with Richard Parker. He stated that he was unaware that the permit expired. He is a truck driver and is out of town until 2/20/2019. He will take care of the permit when he gets back. NOV CERT Angela Irizarry 4/30/2019 4/30/2019 CHRONOLOGY Florida Building Code Angela Irizarry 1/22/2019 Sec. 6-16. Adoption of Florida Building Code. There is hereby adopted, subject to any modifications, changes and amendments set forth in this article, and for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as The Florida Building Code established by Florida Statutes Chapter 553, Part VII, as amended from time to time so that the latest edition of the Florida Building Code shall apply and the International Property Maintenance Code, most recent edition. in the office of the city clerk, and the same are adopted and incorporated as fully as if set out at length in this article, and the provisions thereof shall be controlling in the construction of all buildings and other structures within the city. Printed: Thursday, 29 August, 2019 2 of 5 CASE DETAILS Case Number 19-023 Agenda Item #5.C.05 Sep 2019Page 202 of 304 TELEPHONE CALL Angela Irizarry 5/14/2019 5/14/2019 Spoke with Mr. Parker, He stated that he is in Pennsylvania and his neighbor, who is getting his mail, told him he had a certified letter from COAB. He apologized for not taking care of this sooner. He stated he has been spending his off road time with sick family in Maine. He will be back in Atlantic Beach on the 27th and will take care of the permit before the end of the month. He is leaving again after that and will not be able to complete the work until September when he returns. NOTICE OF HEARING Lori Diaz 5/30/2019 5/30/2019 PERMIT ISSUED/OBTAINED Angela Irizarry 6/14/2019 7/2/2019 Obtained permit for Windows and siding work CMRR STATUS UPDATE Angela Irizarry 6/26/2019 7/1/2019 Certified letter not delivered. CODE BOARD AGENDA Lori Diaz 7/4/2019 6/14/2019 CEB ORDER Lori Diaz 7/11/2019 7/11/2019 Work has been started but not yet completed. Matter was deferred until the 9/5/2019 meeting. CMRR RETURNED FROM PO Angela Irizarry 7/15/2019 7/15/2019 NOH returned by post office marked "UNCLAIMED, UNABLE TO FORWARD" NOTICE OF HEARING Lori Diaz 7/25/2019 7/25/2019 SCAN & UPLOAD EXECUTED ORDERS Lori Diaz 7/26/2019 7/26/2019 TELEPHONE CALL Angela Irizarry 8/5/2019 8/5/2019 Received call from Mr. Parker. He was acquiring about the date of the next hearing. He is an OTR truck driver and is on the road. His neighbor told him that we sent him a certified letter. He will not know if he can be the meeting and will not now for a few weeks if he will be home on Sept. 5th. He said he can probably finish up the siding project if he gets a whole weekend home. He will touch base with me closer to the hearing date on the status and whether or not he can attend. CMRR STATUS UPDATE Angela Irizarry 8/21/2019 Printed: Thursday, 29 August, 2019 3 of 5 CASE DETAILS Case Number 19-023 Agenda Item #5.C.05 Sep 2019Page 203 of 304 TELEPHONE CALL Angela Irizarry 8/28/2019 8/28/2019 Spoke with Mr. Parker. He is coming into town on Friday and will try to finish up the siding if the weather permits. He will not be in town on Thursday for the hearing. CODE ENFORCEMENT AGENDA Lori Diaz 8/29/2019 CODE ENFORCEMENT ORDER Angela Irizarry 9/17/2019 SCAN & UPLOAD EXECUTED ORDERS Lori Diaz 9/20/2019 INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES REINSPECTION AI 2/22/2019 2/22/2019 VIOLATION CONTINUES Check for permit. REINSPECTION AI 4/29/2019 4/30/2019 VIOLATION CONTINUES No permit on file REINSPECTION AI 5/10/2019 5/14/2019 VIOLATION CONTINUES REINSPECTION AI 6/3/2019 6/3/2019 VIOLATION CONTINUES INSPECTIONS FINANCIAL INFORMATION Printed: Thursday, 29 August, 2019 4 of 5 CASE DETAILS Case Number 19-023 Agenda Item #5.C.05 Sep 2019Page 204 of 304 Printed: Thursday, 29 August, 2019 5 of 5 CASE DETAILS Case Number 19-023 Agenda Item #5.C.05 Sep 2019Page 205 of 304 Page 206 of 304 1 ( S 34. inki )0- tel -- STOP CITY OF ATLANTIC BEACH BUILDING AND ZONING DEPARTMENT "' NOTICE This building has been inspected and: General Construction Meehan. Concrete and Masonry Electrica Plumbing Gas Piping IS NOT ACCEPTED CORRECT AS NOTED BELOW, BEFORE ANY FURTHER WORK I t'GG reino.fat vAN ot.,/kNed O/r' c,-7`/ , 1P/a4feI 1-7/4 S4 v,e (.ori;n 96'4 2'17 - 7 DO NOT REMOVE THIS NOTICE n Inspector:_,!eTI-r-+c/ Date: 2/2-r!y Failure to respond to this Notice within 10 clays will result in this violation being forwarded to the CODE ENFORCEMENT BOARD. The posting of this Placard by its contents shall serve as due notice. Agenda Item #5.D. 05 Sep 2019 Page 207 of 304 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ti A p,; r ATLANTIC BEACH,FL 32233 PHONE (904)247-5800 0 j;1,`r- CERTIFIED MAIL RETURN RECEIPT REQUESTED 7018 2290 00010116 7735/7018 2290 0001 0116 7742 3/18/2019 BHATTI BABUR 715 SEMINOLE RD ATLANTIC BEACH,FL 32233 LUCAS TREE SERVICE 205 EDGAR STREET SUITE 11 ATLANTIC BEACH,FL 32233 Real Estate Number: 170404 0000 Case Number: 19-056 Location of Violation: 715 SEMINOLE RD, 10-16 16-2S-29E, SALTAIR SEC 3, LOT 95, AND Howell Park 10-16 16-2S-29E 1.540, SALTAIR SEC 3, LOTS 77 TO 79,85 TO 94 Atlantic Beach, Florida Dear Babur Bhatti and Lucas Tree Service: 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 are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6- 16. A code enforcement inspection at 715 SEMINOLE RD was conducted on 2/28/2019. The City of Atlantic Beach Code Enforcement found the following: NATURE OF VIOLATION: Between February 25,2019 and February 28, 2019 Lucas Tree Services was contracted to trim and remove trees at 715 Seminole Rd. Three of the trees that were removed, one 1) 10-inch palm tree and two (2)20-inch pine trees,were located on City property and were part of Howell Park. Section 23-31 of the Atlantic Beach Code of Ordinances requires the City's permission and issuance of a permit prior to removing any tree on city property. No permit was issued for the removal of these three trees in Howell Park. These actions constitute violations of the following City of Atlantic Beach Code of Ordinances: 1. VIOLATION CODE: Sec. 23-31. (b)Pruning or removal of city trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city property without the permission of the city as evidenced by the appropriate permit. Agenda Item #5.D. 05 Sep 2019 Page 208 of 304 2. VIOLATION CODE: Sec. 23-23. Permits procedures. (a) (3) After-the-fact permits. Any person(s) engaging in the removal of regulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after-the-fact permit, and meet mitigation requirements as assessed. 3. VIOLATION CODE: Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit, the fee for which shall be two (2)times the normal established application fee specified in section 23-26. In addition, as a condition of the permit, the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2)times the normal established rate of mitigation specified in section 23-33. 4. VIOLATION CODE: Sec. 23-33. Mitigation to be assessed. (b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the following table, such that the number of inches required to be replaced, relocated or preserved (first number) are proportional to the number the inches removed (second number): TABLE 1. STANDARD MITIGATION ASSESSMENT, CLASSIFICATION OF PROPERTY, (CLASSIFICATION OF REGULATED TREE): Private parcels - 1:2 (Protected) 1:1 (Heritage), Public parcels - 1:1 Protected) 2:1 (Heritage), Public rights-of-way, easements, etc.- 1:1 (Protected) 3:1 (Heritage), Environmentally sensitive areas - 2:1 (Protected) 3:1 (Heritage). c) General conditions. Mitigation shall be in the form of preservation of existing trees, relocation of existing trees that would otherwise be removed, or replacement with new trees, and shall occur within thirty (30) days, or prior to issuance of a certificate of occupancy or other final approval, whichever time is shorter, unless a greater period is provided for good cause by the permit. The applicant assumes all duties and costs associated with mitigation. ACTION TO REMEDY: According to our calculations, a total of 50 inches in tree caliper were removed from Howell Park. In accordance with Section 23- 23, an after-the-fact permit must be applied for and mitigation requirements must be met. Please submit your tree permit application to the City of Atlantic Beach within 20 days from date of receipt of this notice. Your options to obtain compliance with this violation are outlined below: Tree planting — application to replant a total of one hundred (100) inches in tree diameter caliper. Planted legacy trees receive double credit. (Bald Cypress, Southern and Easter Red Cedars, Winged and Florida Elms; Live and Sand Live Oaks; Hickory; Pecan; Pignut Hickory; Loblolly Bay; Southern and Sweetbay Magnolias; Red and Florida Maples; and Tupelo); or Tree Fund Payment — application for payment into the City of Atlantic Beach Tree Fund in the amount of$14,800. Agenda Item #5.D. 05 Sep 2019 Page 209 of 304 Should you disagree with the calculations noted above, you may: Appeal Calculations to Tree Subcommittee - The above figures were calculated using fifty (50) inches of tree caliper. You may file a written appeal to these calculations to the Tree Subcommittee; or Waiver for relief—You may apply for a waiver from the provisions of Chapter 23 to the City Commission. For consideration, you must demonstrate that compliance with these provisions would be unreasonable, in conflict with public interest, or a practical impossibility. The City Commission may approve the waiver upon showing good cause, and upon evidence that an alternative to the specific provision of this chapter can be provided, which conforms to the general intent and spirit of Chapter 23. If you have any questions or would like to discuss your options further, please contact Brian Broedell, Planner at 904- 247-5822 or bbroedell@coab.us. Thank you for your cooperation in this matter. Failure to take one of the actions noted above by the required date may result in this case being referred to the Special Magistrate resulting in fines up to two hundred fifty dollars ($250.00) per day,per tree. I, c\eo Q_ I.Q Z-I hereby swear and affirm that the above statement is true and accurate. Sincerely, 0.".N31-QC>- Angela Irizarry CODE ENFORCEMENT Agenda Item #5.D. 05 Sep 2019 Page 210 of 304 b. Any person(s)who maintains any land, building or premises upon which a violation exists. c. Any person(s)who knowingly commits,takes part, or assists in such violation. b) Building permits. No building permit shall be issued for a site unless and until a required tree or vegetation removal permit has been issued, or while any violation of this chapter exists on the subject site. c) Injunction. Any affected person(s) may seek an injunction against any violation of the provisions of this chapter and recover from the violator such damages as he or she may suffer including, but not limited to, damage to property as a result of development or failure to maintain, in violation of the terms of this chapter. d) Sanctions for failure to obtain a permit. 1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the- fact permit,the fee for which shall be two (2)times the normal established application fee specified in section 23-26. In addition,as a condition of the permit,the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. 2) Regulated trees removed in violation of this chapter shall be assessed at two(2)times the normal established rate of mitigation specified in section 23-33. 3) If a lot, parcel, site or portion thereof, has been cleared such that the administrator is unable to determine with reasonable certainty the number and size of regulated trees and/or regulated vegetation removed in violation of this chapter, analysis of aerial photography or other such accepted scientific methodology shall be used to make a determination as to the loss of canopy and/or land cover for the purpose of assessing mitigation.A civil fine of five dollars($5.00) per square foot of canopy or land cover lost shall be assessed by the administrator, and shall be payable to the tree fund within seven 7)days of such assessment. No further work or development shall proceed until the city is in receipt of any such assessed fine. 4) Agenda Item #5.D. 05 Sep 2019 Page 211 of 304 Any person(s) exhibiting a documented history of chronic or repeated violations of this chapter shall, upon third offense, be reported to the Florida Department of Business and Professional Regulation, as well as any other authority governing licensing, registration or certification of individuals or businesses. Agenda Item #5.D. 05 Sep 2019 Page 212 of 304 Regulated tree shall mean any tree as follows: 1)Private regulated tree shall mean any tree on private property,except those species listed on the Atlantic Beach Prohibited Species List, meeting the following conditions: a. A DBH of six(6)inches or more on residentially zoned property that will be removed two (2) years prior to or two (2)years subsequent to construction valued at over ten thousand dollars 10,000.00); b. Trees defined as legacy trees by this chapter; c.A DBH of ten (10) inches or more, if zoned nonresidential. 2)Public regulated tree shall mean any tree on public property, except those species listed on the Atlantic Beach Prohibited Species List, meeting the following conditions: a. A DBH of six(6) inches or more. Sec. 23-31. -General prohibitions. SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCK) OF SECTIONSEMAIL SECTIONCOMPARE VERSIONS a)cExcessive or improper pruning. It shall be unlawful to engage in excessive or improper pruning techniques on trees intended for shade purposes where such trees are required pursuant to an approved tree protection plan.Trees intended for shade purposes shall be allowed to reach their mature canopy spread.This limitation shall not be construed to prohibit the trimming or pruning of trees that create a clear risk of danger to persons or property during flood, high wind or hurricane events. b) Pruning or removal of city trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city property without the permission of the city as evidenced by the appropriate permit. TABLE 1.STANDARD MITIGATION ASSESSMENT CLASSIFICATION OF PROPERTY CLASSIFICATION OF REGULATED TREE II Protected Heritage Private parrrls 1:2 1: 1 Public parcels 1:1 2:1 Public rights-of-way.easements.etc. 1:1 3:1 Environmentally sensitive areas 2:1 3:1 Historic corridor 2:1 3:1 Agenda Item #5.D. 05 Sep 2019 Page 213 of 304 Sec 23-46. -Violations. SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTIONCOMPARE VERSIONS Violations, including failure to make proper application for a tree or vegetation removal permit as required by these provisions, or failure to implement any requirements or conditions of a tree or vegetation removal permit, shall be deemed a violation of this chapter, and shall be subject to code enforcement procedures as set forth within chapter 2, article V, division 2 of this Municipal Code of Ordinances and any other remedies available under applicable law. 1) Development activity. It shall be a violation of this chapter for any person(s) to engage in development or other activity, which has the potential to damage, destroy or remove, or cause the destruction or removal of any tree or vegetation as regulated herein, without complying with all applicable provisions of this chapter. Sec. 23-51.-Penalties. SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD(DOCX)OF SECTIONSEMAIL SECTIONCOMPARE VERSIONS a) General provisions. Any person(s)violating a provision of this chapter shall be punishable according to the law or in accordance with the findings of the duly appointed code enforcement board. 1) Violations of this chapter are considered irreparable and irreversible in nature. 2) Each day any violation continues shall constitute a separate offense. 3) Each regulated tree removed from a site in violation of these regulations shall constitute a separate offense. 4) Each acre or fraction thereof, of land cleared in violation of these regulations shall constitute a separate offense. 5) Person(s)charged with violations of this chapter may include: a. The owner, agent, lessor, lessee, contractor or any other person(s) using the land, building or premises where such violation exists. Agenda Item #5.D. 05 Sep 2019 Page 214 of 304 0'-'1/2e, TREE REMOVAL CALCULATIONS A City of Atlantic Beachro J Community Development Department IF)800 Seminole Road Atlantic Beach, Florida 32233-5445 r»tJ 1319. Phone: (904)247-5826 Fax: (904) 247-5845 Email: Building-Dept@coab.us Permit: Applicant: Address: Site Address: 715 Seminole Rd Phone: RE#: Email: TREE REMOVAL CALCULATIONS REMOVED Legacy(non-oak) Legacy(oak)Oaks Palms Others Total Protected Trees Removed: 0 0 0 10 40 50 Mitigation Needed: 0 0 0 20 80 100 Trees Removed: 10"Palm;2-20"Pines MITIGATION Legacy(non-oak) Legacy(oak)Oaks Palms Others Total Credit for Trees Preserved: 0 0 0 0 0 0 Credit for Trees Relocated: 0 0 0 0 0 0 Credit for Trees Planted: 0 0 0 0 0 0 Total: 0 0 0 0 0 0 Trees Preserved: None for credit. Trees Relocated: None for credit. Trees Planted: Planted Legacy Tree species receive DOUBLE credit when replacing non-Legacy Trees.The Legacy Tree list includes Bald Cypress; Southern and Eastern Red Cedars; Winged and Florida Elms; Live and Sand Live Oaks; Hickory; Pecan; Pignut Hickory; Loblolly Bay; Southern and Sweetbay Magnolias;Red and Florida Maples;and Tupelo. ADDITIONAL MITIGATION REQUIRED (Mitigation Needed--Total) Legacy(non-oak) Legacy(oak)Oaks Palms Others Total New Trees Planted: 0 0 0 20 80 100 or Payment Into Tree Fund**: 0.00 0.00 0.00 $2,960.00 $ 11,840.0 $14,800.0 0 0 or A Combination of the Above** At least 50%of mitigation must be onsite. Additional Notes: Mitigation is 1 inch preserved or planted for every 2 inches removed.Tree Fund rate is$148.00 per inch. Status is in accordance with the City of Atlantic Beach code of ordinances in effect at the time of application submittal. APPROVED DENIED I] TPO ADMINISTRATOR DATE Agenda Item #5.D. 05 Sep 2019 Page 215 of 304 TREE AND VEGETATION REGULATIONS: General Provisions Sec. 23-30. Minimum tree requirements. Sec. 23-31. General prohibitions. Sec. 23-32. Tree protection during development and construction. a) Restrictions during construction. 1) Placement of materials,machinery,or temporary soils.It shall be unlawful for any person(s)to cause or allow the storage of construction materials,the use of heavy equipment or machinery, or the temporary storage of soil deposits within the tree protection zone of any tree or group of trees to be retained. 2) Disposal of waste materials. It shall be unlawful for any person(s) to cause or allow the disposal of waste materials such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a tree within the tree protection zone of any tree or groups of trees,or where planting beds are to be situated. b) Burden of tree protection on property owner. The property owner(s)and their agent(s)shall ensure that any tree shown on the vegetation inventory for which a tree removal permit has not been obtained is to be protected.The property owner shall guarantee survival of retained trees and replacement trees for three(3)years from the date the city accepts the trees and landscaping as complete,unless a greater time period is required by a development order.If a retained or replacement tree dies during that time period,the property owner shall replace the tree in accordance with a remedial action as required by this chapter. c) Protective barriers and signage required Protective barriers and signage shall be installed around every tree or group of trees to be preserved prior to commencement of construction, in compliance with the guidelines in the Tree Protection Guide for Builders and Developers,published by the Florida Division of Forestry and/or any other reasonable requirements deemed appropriate by the administrator to implement this part. 1) Temporary protective barriers shall be placed at least six(6)feet from the base of any tree,and shall encompass at least fifty (50) percent of the area under the dripline of any tree or trees to be preserved or retained for mitigation credit,unless otherwise approved by the administrator. 2) Temporary protective barriers shall be at least three(3)feet high,and shall consist of either a wood fence with two-by-four posts placed a maximum of eight(8)feet apart with a two-by-four minimum top rail, or a mesh fence,or other similar barrier which will limit access to the protected area,unless otherwise approved by the administrator. 3) Waterproof, rigid sign(s) shall be affixed to each individual barricade, such that there is one (1) sign every fifteen (15) feet along the length of the barricade. The signs shall contain the following words, and will be made available by the city at the time of permit issuance. d) Adjacent properties.The property owner(s)or their agent(s)shall ensure protective barricading of all trees located on adjacent properties,that have root or branch systems that encroach upon the subject property,and that may potentially be impacted by development activities. Sec. 23-33. Mitigation to be assessed. Sec. 23-34. Maintenance and monitoring requirements. The applicant shall be responsible for maintaining the health of any replacement or relocation trees for three(3)years from planting. 1) Determination of success. The applicant shall determine the condition of each tree,three(3)years after the tree was relocated or planted.This determination shall be submitted to the city for approval within thirty(30)days of being made. Should any tree die or be in a state of decline within three(3)years of being planted or relocated,the applicant shall be required to replace the tree within sixty(60)days of that determination.The three-year monitoring and approval period shall begin anew whenever a tree is replaced. If that replacement tree is found not to be viable at the end of the second monitoring period,the applicant may pay the appropriate amount into the tree fund in lieu of planting a third replacement tree.If the applicant fails to replace the tree or to pay the appropriate amount into the tree fund within sixty 60)days,the applicant shall be in violation of this chapter. Sec. 23-35. Elimination of undesirable species. Sec. 23-36. Elimination of contagious diseased and pest-infested trees. Sec. 23-37. Payment in lieu of replacement/relocation. 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I Agenda Item #5.D.05 Sep 2019Page 217 of 304 r_ . 1c, . Page1of2 J' , j v'\ Ss1 CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 1 r 4/25/2019 Case Number: 19-056 LUCAS TREE SERVICE Certified Mail Return Receipt: 205 EDGAR STREET SUITE 11 70171000000069911411 ATLANTIC BEACH,FL 32233 Property Address: 715 SEMINOLE RD ATLANTIC BEACH,FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Special Magistrate on July 9, 2019 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 715 SEMINOLE RD, RE#170404 0000, 10-16 16-2S-29E, SALTAIR SEC 3, LOT 95, AND Howell Park 10-16 16-2S-29E 1.540, SALTAIR SEC 3, LOTS 77 TO 79,85 TO 94. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6,Article H, Section 6-16. International Property Maintenance Code/City Code of Ordinances VIOLATION CODE: Sec. 23-31. (b) Pruning or removal of city trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city property without the permission of the city as evidenced by the appropriate permit. VIOLATION CODE: Sec. 23- 23. Permits procedures. (a) (3) After-the-fact permits. Any person(s) • engaging in the removal of regulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after-the-fact permit,and meet mitigation requirements as assessed. VIOLATION CODE: Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit, the fee . for which shall be two (2) times the normal established application fee specified in section 23-26. In addition, as a condition of the permit, the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23-33. VIOLATION CODE: Sec. 23-33. Mitigation to be assessed. (b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the following table, such that the number of Agenda Item #5.D. 05 Sep 2019 Page 218 of 304 Page 2 of 2 inches required to be replaced, relocated or preserved (first number) are proportional to the number the inches removed (second number): TABLE 1. STANDARD MITIGATION ASSESSMENT, CLASSIFICATION OF PROPERTY, (CLASSIFICATION OF REGULATED TREE): Private parcels 1:2 (Protected) 1:1 (Heritage), Public parcels - 1:1 (Protected) 2:1 (Heritage), Public rights-of-way, easements, etc.- 1:1 (Protected) 3:1 (Heritage), Environmentally sensitive areas - 2:1 (Protected) 3:1 Heritage). c) General conditions. Mitigation shall be in the form of preservation of existing trees, relocation of existing trees that would otherwise be removed, or replacement with new trees, and shall occur within thirty(30) days, or prior to issuance of a certificate of occupancy or other final approval, whichever time is shorter, unless a greater period is provided for good cause by the permit. The applicant assumes all duties and costs associated with mitigation. STATEMENT OF CODE ENFORCEMENT OFFICER: On 2/28/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 715 SEMINOLE 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: Between February 25, 2019 and February 28, 2019 Lucas Tree Services was contracted to trim and remove trees at 715 Seminole Road. Three of the trees that were removed, one(1)palm tree and two 2) 20-inch pine trees, were located on City property and were part of Howell Park. No permit was issued for the removal of the three trees in Howell Park. 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, PW_ \CC= i2 hereby swear and affirm that the above statement i e and atc'urate. Angela a Code Enforcement Officer, City of Atlantic Beach ATTEST: 611.01- Lori Diaz. Records Clerk Agenda Item #5.D. 05 Sep 2019 Page 219 of 304 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3. Print your name and address on the reverse I.,1 Agent so that we can return the card to you. Addressee Attach this card to the back of the mailpiece, 1.1 eived (Pri to N., C. Date of Delivery or on the front if space permits. r(.,(.2,;'hi -G y 1. Article Addressed to: P. Is delivery address different from item 1? El Yes Li)CA q -o5 If YES,enter delivery address below: 0 No I L I I III 111111 111111111111 O Service Type 0 Priority Mail Express® Adult Signature 0 Registered Mail'" 0 Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 2997 7094 0513 20 0 Certified Mail® Delivery 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise r in Delivery Restricted Delivery 0 Signature Confirmatioarm 7017 1000 0000 6991 1411 Mail 0 Signature Confirmation Mail Restricted Delivery Restricted Delivery I (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Agenda Item #5.D. 05 Sep 2019 Page 220 of 304 TREE REMOVAL PERMIT PERMIT NUMBER r Ai CITY OF ATLANTIC BEACH TREE19-0019 r 800 SEMINOLE ROAD ISSUED: 5/ 3/2019 rsp; S ATLANTIC BEACH. FL 32233 EXPIRES: 10/30/ 2019 I MUST CALL INSPECTION PHONE LINE (904) 247-5814 BY 4 PM FOR NEXT DAY INSPECTION. ALL WORK MUST CONFORM TO THE CURRENT 6TH EDITION (2017) OF THE FLORIDA BUILDING CODE, NEC, IPMC, AND CITY OF ATLANTIC BEACH CODE OF ORDINANCES . ALL CONDITIONS OF PERMIT APPLY, PLEASE READ CAREFULLY. NOTICE: In addition to the requirements of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. JOB ADDRESS: PERMIT TYPE: DESCRIPTION: VALUE OF WORK: 715 SEMINOLE RD TREE REMOVAL OTHER TREE TO CASH CHECK 0.00 REMOVAL TYPE OF REAL ESTATE ZONING: BUILDING USE SUBDIVISION: CONSTRUCTION: NUMBER: GROUP: 170404 0000 SALTAIR SEC 03 COMPANY: ADDRESS: CITY: STATE: ZIP: OWNER: ADDRESS: CITY: STATE: ZIP: BHATTI BABUR 715 SEMINOLE RD ATLANTIC BEACH FL 32233 WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. LIST OF CONDITIONS Roll off container company must be on City approved list. Container cannot be placed on City right-of-way. 1 ZONING TREE REMOVAL PERMIT POSTING ACTIVE Notes: Mitigation Provided:In accordance with Sections 23-23,23-51,and 23-33,one hundred(100)inches of mitigation must be provided for the removal of two 20 inch diameter pine trees and one 10 inch diameter palm tree from Howell Park.Required mitigation must be in the form of tree plantings and/or payments into the tree fund within 30 days from receipt of these conditions,unless a greater period is provided for good cause. iiim DESCRIPTION ACCOUNT QUANTITY PAID AMOUNT Issued Date: 5/3/2019 1 of 2 Agenda Item #5.D. 05 Sep 2019 Page 221 of 304 sem'`'' TREE REMOVAL PERMIT PERMIT NUMBER r CITY OF ATLANTIC BEACH TREE19-0019 z: ISSUED: 5/3/2019 800 SEMINOLE ROAD r ATLANTIC BEACH. FL 32233 EXPIRES: 10/30/2019 I TREE REMOVAL MULTIFAMILY COMMERCIAL OR OTHER APP 00100003291005 0 250.00 FEE TOTAL:$250.00 Issued Date:5/3/2019 2 of 2 Agenda Item #5.D. 05 Sep 2019 Page 222 of 304 ries` Page 1 of 2 A So CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING 5/31/2019 Case Number: 19-056 BHATTI BABUR Certified Mail Return Receipt: 715 SEMINOLE RD 70171000000069911664 ATLANTIC BEACH, FL 32233 Property Address: 715 SEMINOLE RD ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Special Magistrate on July 11, 2019 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 715 SEMINOLE RD, RE#170404 0000, 10-16 16-2S-29E, SALTAIR SEC 3, LOT 95, AND Howell Park 10-16 16-2S-29E 1.540, SALTAIR SEC 3, LOTS 77 TO 79,85 TO 94. 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 VIOLATION CODE: Sec. 23-31. (b) Pruning or removal of city trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city property without the permission of the city as evidenced by the appropriate permit. VIOLATION CODE: Sec. 23-23. Permits procedures. (a) (3) After-the-fact permits. Any person(s) engaging in the removal of regulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after-the-fact permit, and meet mitigation requirements as assessed. VIOLATION CODE: Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit, the fee for which shall be two (2) times the normal established application fee specified in section 23-26. In addition, as a condition of the permit, the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23-33. VIOLATION CODE: Sec. 23-33. Mitigation to be assessed. (b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the following table, such that the number of Agenda Item #5.D. 05 Sep 2019 Page 223 of 304 Page 2 of 2 inches required to be replaced, relocated or preserved (first number) are proportional to the number the inches removed (second number): TABLE 1. STANDARD MITIGATION ASSESSMENT, CLASSIFICATION OF PROPERTY, (CLASSIFICATION OF REGULATED TREE): Private parcels 1:2 (Protected) 1: 1 (Heritage), Public parcels - 1:1 (Protected) 2:1 (Heritage), Public rights-of-way, easements, etc.- 1:1 (Protected) 3:1 (Heritage), Environmentally sensitive areas - 2:1 (Protected) 3:1 Heritage). c) General conditions. Mitigation shall be in the form of preservation of existing trees, relocation of existing trees that would otherwise be removed, or replacement with new trees, and shall occur within thirty (30) days, or prior to issuance of a certificate of occupancy or other final approval, whichever time is shorter, unless a greater period is provided for good cause by the permit. The applicant assumes all duties and costs associated with mitigation. STATEMENT OF CODE ENFORCEMENT OFFICER: On 5/28/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 715 SEMINOLE 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: Between February 25, 2019 and February 28, 2019 Lucas Tree Services was contracted to trim and remove trees at 715 Seminole Road. Three of the trees that were removed, one (1)palm tree and two 2) 20-inch pine trees, were located on City property and were part of Howell Park. No permit was issued for the removal of the three trees in Howell Park. 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 cei t ZQY-C hereby swear and affirm that the above statement is true and4curate. U.S. Postal Servicenv Angela arry, CERTIFIED MAIL° RECEIPT n Domestic Mail Only Code Enforcement Officer, City of Atlantic Beach For delivery information,visit our website at www.usps.com". Cr Certified Mail Fee Er ATTEST: Extra Services&Fees(check box,add fee as appropriate) 0 Return Receipt(hardcopy) $ Return Receipt(electronic) $ Postmark ut Io Certified Mall Restricted Delivery $ Here lo ,p 0 Adult Signature Required $ 0 Adult Signature Restricted Delivery$ O Postage Lori Diaz, Records Clerk o $Total Postage and Fees s Ct Box0StretandApt.No.,or P No. r- City,State,ZIP+4+ PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Agenda Item #5.D. 05 Sep 2019 Page 224 of 304 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3. A. Si.. • _ AgePrintyournameandaddressonthereverseX t so that we can return the card to you. ddressee Attach this card to the back of the mailpiece,B. Recd b (Printed Name) C. Dar of?Joh -ry or on the front if space permits. I = .1110 Co 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery acfp s below: Q.14 CO L.2 iv J 111111111111111111111111 3. Service Type Adult Signature 0 Priority Mat Express® 0 Registered Mail•" dult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 2997 7094 0511 39 n.Certified Mail® Delivery Certified Mail Restricted Delivery 0 Return Receipt for Collect on Delivery Merchandise ri c,.uo,..on Delivery Restricted Delivery 0 Signature Confirmation•"' 17 1000 6991 1,664 Mail 0 Signature Confirmation Mail Restricted Delivery Restricted Delivery 1 lover x000) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Agenda Item #5.D. 05 Sep 2019 Page 225 of 304 4' Vii, , , fr '\r f^ Page 1 of 2 u-, A }s CITY OF ATLANTIC BEACH, FLORIDA Niriz-- On9'2 NOTICE OF HEARING 5/31/2019 Case Number: 19-056 LUCAS TREE SERVICE Certified Mail Return Receipt: 205 EDGAR STREET SUITE 11 70171000000069911626 ATLANTIC BEACH, FL 32233 Property Address: 715 SEMINOLE RD ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Special Magistrate on July 11, 2019 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 715 SEMINOLE RD, RE#170404 0000, 10-16 16-2S-29E, SALTAIR SEC 3, LOT 95, AND Howell Park 10-16 16-2S-29E 1.540, SALTAIR SEC 3, LOTS 77 TO 79,85 TO 94. 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 VIOLATION CODE: Sec. 23-31. (b) Pruning or removal of city trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city property without the permission of the city as evidenced by the appropriate permit. VIOLATION CODE: Sec. 23-23. Permits procedures. (a) (3) After-the-fact permits. Any person(s) engaging in the removal of regulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after-the-fact permit, and meet mitigation requirements as assessed. VIOLATION CODE: Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit, the fee for which shall be two (2) times the normal established application fee specified in section 23-26. In addition, as a condition of the permit, the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23-33. VIOLATION CODE: Sec. 23- 33. Mitigation to be assessed. (b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the following table, such that the number of Agenda Item #5.D. 05 Sep 2019 Page 226 of 304 Page 2 of 2 inches required to be replaced, relocated or preserved (first number) are proportional to the number the inches removed (second number): TABLE 1. STANDARD MITIGATION ASSESSMENT, CLASSIFICATION OF PROPERTY, (CLASSIFICATION OF REGULATED TREE): Private parcels 1:2 (Protected) 1:1 (Heritage), Public parcels - 1:1 (Protected) 2:1 (Heritage), Public rights-of-way, easements, etc.- 1:1 (Protected) 3:1 (Heritage), Environmentally sensitive areas - 2:1 (Protected) 3:1 Heritage). c) General conditions. Mitigation shall be in the form of preservation of existing trees, relocation of existing trees that would otherwise be removed, or replacement with new trees, and shall occur within thirty (30) days, or prior to issuance of a certificate of occupancy or other final approval, whichever time is shorter, unless a greater period is provided for good cause by the permit. The applicant assumes all duties and costs associated with mitigation. STATEMENT OF CODE ENFORCEMENT OFFICER: On 5/28/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 715 SEMINOLE 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: Between February 25, 2019 and February 28, 2019 Lucas Tree Services was contracted to trim and remove trees at 715 Seminole Road. Three of the trees that were removed, one (1)palm tree and two 2) 20-inch pine trees, were located on City property and were part of Howell Park. No permit was issued for the removal of the three trees in Howell Park. 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, crcic . 2Ctsr`hereby swear and affirm that the above statement is true and a'eirate. U.S. Postal Servicer" CERTIFIED MAIL° RECEIPT Angela I ' , ti Domestic Mail Only Code Enforcement Officer, City of Atlantic Beach CI For delivery information,visit our website at www.usps.com`*. rq0 7- FACIAL USE0" Certified Mail Fee tr $ ATTEST:13 Extra Services&Fees(check box,add fee as appropriate) 0 Return Receipt(hardcoPY) $ Ci Return Receipt(electronic) $ Postmark 1:3 1 Certified Mall Restricted Delivery $ Here V/ 1 0 Adult Signature Required $ 1 \ Adult Signature Restricted Delivery$ p Postage Lori Diaz, Records Clerk Total Postage and Fees 1-4N sent a Street and Apt.fillci.;A PO Box No. N City, tate,ZIP+46 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Agenda Item #5.D. 05 Sep 2019 Page 227 of 304 1 SENDER: COMPLETE THIS SECTION COMPLETE THI5,SECTION ON DELIVERY Complete items 1,2,and 3. Print your name and address on the reverse 9ent so that we can return the card to you. 0 Addressee Attach this card to the bac1 of the mailpiece, ceiveo by( ri Na e) J C Date of Delivery or on the front if space permits. 4( , J is I I f` // ,IlC 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: No o 0lM.- 105(P' 11111111 11 I 11111111111111 3. Service Type Adult Signature 0 Priority Mail Express® 0 Registered Mail° Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 2997 7094 0511 77 0 Certified Mail® Delivery Certified Mail Restricted Delivery 0 Return Receipt for Collect on Delivery Merchandise rr !,v.. r r n( i1 *on Delivery Restricted Delivery 0 Signature Confirmation,M Aar' Signature Confirmation 7 017 1000 0000 6 9 91 1626 Nail Restricted Delivery Restricted Delivery I over 4,000) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt . Agenda Item #5.D. 05 Sep 2019 Page 228 of 304 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER CITY OF ATLANTIC BEACH,FLORIDA,Petitioner vs. BHATTI BABUR First Class and Certified Mail Return Receipt 715 SEMINOLE ROAD Requested:7011 l COD D Ov0 (-09q. 1 E0+ ATLANTIC BEACH,FL 32233 70171 UOO 0000 Loq q 181 -7 Property Address: 715 SEMINOLE RD and ATLANTIC BEACH,FL LUCAS TREE SERVICE,Respondent 205 EDGAR STREET SUITE 11 ATLANTIC BEACH,FL 32233 Case Number: 19-056 Real Estate Number: 170404 0000 Legal Description: 10- 16 16-2S-29E, SALTAIR SEC 3,LOT 95,AND Howell Park 10-16 16-2S-29E 1.540, SALTAIR SEC 3,LOTS 77 TO 79,85 TO 94 ORDER ON CASE NO. 19-056 THIS CAUSE came for public hearing before Code Enforcement Special Magistrate on July 11, 2019, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT 1. The Respondent Lucas Tree Service performed tree service work at the property located at 715 Seminole Road,Atlantic Beach,Florida as the Respondent property owner's hired agent. 2. Notice was sent by Certified Mailing,and Respondent Lucas Tree Service was present at the hearing.Respondent property owner Bhatti Babur was not present at the hearing. 3. Notification of the violations of the City of Atlantic Beach,were made and served on the Respondent as evidenced in this hearing. 4. Respondent, acting as the property owner's agent,removed one palm tree and two 20-inch pine trees owned by the City of Atlantic beach and located in Howell Park. 5. The property owner submitted an appeal to the City's tree board and was on the agenda for the July 18,2019 Community Development Board meeting to request a variance from mitigation requirements. 6. City staff recommended a deferral of this matter to the next code enforcement hearing. 7. Respondent agreed to the deferral. CONCLUSIONS OF LAW 8. Sufficient evidence was presented to merit a deferral. Agenda Item #5.D. 05 Sep 2019 Page 229 of 304 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 matter is deferred until the code enforcement hearing currently set for September 5, 2019. DONE AND ORDERED THIS 21 day of July, 2019. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT SPECIAL MAGIS IRATE ATTEST: Aiszi)tit Agr" -• Lori Diaz,Records Clerk Jebfr.Branham, Special Magistrate Executed this ()lay of Zr <<V 2019. PLEASE NOTE:Florida Statutes, Sectioni 162.11, states that an appeal of this order shall be filed in circuit court within thirty(30) days of this order's execution. Agenda Item #5.D. 05 Sep 2019 Page 230 of 304 ptet, CITY OF ATLANTIC BEACH 151P41.„COMMUNITY DEVELOPMENT BOARD SI STAFF REPORT AGENDA ITEM 4.A CASE NO. APP19-0002 An appeal of the assessed required mitigation for the removal of trees on city property. LOCATION 715 Seminole Road APPLICANT Babur Bhatti DATE July 8,2019 STAFF Brian Broedell,Planner STAFF COMMENTS The applicant is Babur Bhatti, the owner of 715 Seminole Road. This property is across Seminole Road from City Hall and backs up to Howell Park. Due to the irregular shape of this property, there is only about 7.3 feet between the back of the house and Howell Park. In February of this year, the applicant hired Lucas Tree Service to remove three trees (two pine trees and one palm tree) from behind their house. The applicant believed that these trees were located on his property, in which case the tree removal would have been allowed and no permit would have been required. However, city staff determined that all three trees were in fact located in Howell Park and a stop work order was placed on the property. Using 11;14,.'pictures and measuring the remaining part of one tree, it was estimated that 50 total diameter inches of trees were removed from the park (two 20" pine trees and one 10" palm tree). In accordance with Section 23-51 of the City's"Tree Code",the applicant was then 0 ' • required to submit an "after-the-fact" tree removal permit and provide mitigation. mitigationVSection23-33 requiresqires a ratio of one inch of mitigation for every diameter inch removed from public property. In addition, Section 23-51 requires this mitigation ratio to it( be doubled for regulated trees removed without a permit. As such, 4 the applicant was notified that 100 inches of mitigation is required A4 for the tree removal. On May 7, the applicant filed a written notice requesting further review of the permit and required mitigation because one of the removed trees was dead and posed a safety hazard. In accordance with Section 23-52(g), the matter then went to the Tree Subcommittee of the Environmental Stewardship Committee for review of compliance with Chapter 23 (the Tree Code)on June 12.The Tree Subcommittee believed that the assessed mitigation was consistent with Chapter 23 and unanimously recommended that the required mitigation remain at 100 inches. The applicant then filed written notice of objection to the required mitigation and the matter was then placed on the agenda for the next available Community Development Board meeting,per Section 23- 52(g). Agenda Item #5.D. 05 Sep 2019 Page 231 of 304 APPLICANT'S REQUEST The applicant is requesting that the Board further review the assessed mitigation of 100 inches. The applicant expressed that the mitigation should be reduced because it does not coincide with the size of the trees removed and that one of the trees was dead and posed a safety hazard. ANALYSIS The following are applicable sections and regulations of Chapter 23: Section 23-8(Definitions): Public regulated tree shall mean any tree on public property that has a diameter at breast height(dbh) of 6 inches or more. Section 23-22: Trees that pose an imminent danger to public health, safety and general welfare shall not require a tree removal permit upon inspection and determination by the tree administrator that immediate removal without delay is required. Section 23-31:Removal of city trees without permission from the city is prohibited. Section 23-33:Required mitigation for tree removal on public property is one inch for every inch removed. Section 23-51: Regulated trees removed without a permit are assessed two times (double) the established rate of mitigation. REQUIRED ACTION The Community Development Board shall review the tree removal permit for compliance with Chapter 23 and may issue, deny or modify the permit. To issue the permit=Chapter 23 was properly enforced and the required mitigation is correct. To deny the permit= Chapter 23 was not properly enforced and that the required mitigation is incorrect. To deny the permit will result in no mitigation required for the applicant. To modify the permit = to reduce or increase the required mitigation and/or to place conditions to the permit. Y k l" Pik, Page 2 of 2 Agenda Item #5.D. 05 Sep 2019 Page 232 of 304 S wv,,i,,, MINUTES ltoilx Community Development Board Meeting Tuesday, July 16, 2019 - 6:00 PM WS 91- v Commission Chamber Present: Linda Lanier, Member Kirk Hansen,Chair Brea Paul,Vice Chair Sylvia Simmons, Member Brian Major,Member Absent: Kelly Elmore,Member Mark Tingen, Alternate Member Also Present: Shane Corbin,Community Development Director Brian Broedell, Planner Valerie Jones, Recording Clerk 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen 2. APPROVAL OF MINUTES A. Approve minutes of the June 18, 2019 regular meeting of the Community Development Board. ACTION: To approve the minutes as presented. Motion: Linda Lanier Second: Brea Paul Linda Lanier(Moved By)For Kirk Hansen For Brea Paul(Seconded By)For Sylvia Simmons For Brian Major For Motion passed 5 to 0. 3. OLD BUSINESS None 4. NEW BUSINESS A. APP19-0002 PUBLIC HEARING (Babur Bhatti) An appeal of the assessed required mitigation for the removal of trees on city property. 715 Seminole Road) Community Development Board July 16,2019 Agenda Item #5.D. 05 Sep 2019 Page 233 of 304 STAFF REPORT: Planner Broedell presented the information as explained in the staff report. He also provided a PowerPoint presentation. BOARD DISCUSSION: Planner Broedell clarified for the Board some questions regarding getting the tree permit after already removing the trees. He explained that the permit fee is doubled along with the mitigation requirement. Director Corbin said that Lucas Tree Removal had been sited along with the homeowner and that is going before the Code Enforcement Special Magistrate. Ms. Lanier asked why the homeowner wouldn't have needed a permit to remove these 3 threes if they would have been on their property instead of City property. Planner Broedell explained this to the Board. He explained which tree species and tree sizes require a permit. Ms. Paul asked about the next steps that would be taken. Planner Broedell said that if the homeowner files an appeal within 15 days it would go to the Commission. It would then go to the court system. APPLICANT COMMENT: Babur Bhatti introduced himself as the owner of 715 Seminole Road. He said he is a first time homeowner. Mr.Bhatti explained to the Board that there is a fence (shown in Staffs picture) that curves out from the house. He said that the realtor told him that that is also part of the property. He has since found out that the fence and part of his patio is on City property. Mr. Bhatti said that the dead tree was leaning toward the house and it was on the fence line which he thought was his property. He said that Lucas told him they had done their survey and Mr. Bhatti went along with their assessment. Ms. Simmons asked if the fence was there when he bought the home and Mr. Bhatti confirmed that it was. PUBLIC COMMENT: Chair Hansen opened the Public Hearing. Susanne Barker of 1938 Beachside Court spoke against the appeal and in favor of the ESC Tree Subcommittee decision. BOARD DISCUSSION: Ms. Simmons discussed the Board's options (page 10) to issue,deny or modify the permit. Planner Broedell said the Board can modify the permit by changing the required mitigation or placing certain conditions on the permit. Chair Hansen suggested the mitigation for the dead pine tree be removed and the mitigation for the other 2 trees remain. Ms. Lanier agreed with the modification suggestion. Mr. Major said he was in favor of the suggestion. Ms. Paul said she thought the full mitigation should be upheld. She asked Staff if the City would be responsible for the removal of the remaining stump of the tree that was partially cut down due to the stop work order. Director Corbin assumed that the City would be responsible. ACTION: Ms. Lanier motioned to support the tree removal permit with the condition to remove the dead pine tree from the mitigation calculation. Chair Hansen amended the motion asking the homeowner to be responsible for taking down the remainder of the tree stump. Ms. Lanier agreed. Chair Hansen clarified that mitigation will not be required for the dead pine that was removed, full mitigation on the other two trees is required, and homeowner will pay to remove the rest of the tree that was partially removed. Community Development Board July 16,2019 Agenda Item #5.D. 05 Sep 2019 Page 234 of 304 Motion: Linda Lanier Second: Brian Major Linda Lanier (Moved By)For Kirk Hansen For Brea Paul Against Sylvia Simmons For Brian Major (Seconded By) For Motion passed 4 to 1. B. REZN19-0003 PUBLIC HEARING (Ord. No.90-19-243) Request for map amendments to the zoning map for five parcels currently zoned as Residential, General(RG)and Commercial, General(CG)to Traditional Marketplace TM). STAFF REPORT: Director Corbin presented the information as explained in the staff report. He also provided a PowerPoint presentation. BOARD DISCUSSION: Ms. Lanier asked about a drainage easement going through the property. Director Shane said that would be FDOT and they are not currently planning any changes. There was further discussion regarding the zoning. APPLICANT COMMENT: Bill Corley introduced himself as the Chief Legal Officer for the Klotz Group of Companies which includes the owner of this property and the applicant, Ossi Klotz, LLC. He said they are the largest multi-family land owner in the beaches with properties all up and down Mayport Road. Mr.Corley said they are thrilled with the concept of an arts corridor. He spoke of the different properties they own and future plans for those properties including a brewery, sandwich shop, arts studio, community stage, food trucks, etc. Mr. Corley explained that their plans will take advantage of the Marketplace zoning and fulfills the public purpose and revitalization of Mayport Road. PUBLIC COMMENT: Chair Hansen opened the Public Hearing. There were no speakers and the Public Hearing was closed. BOARD DISCUSSION: Ms. Paul said she is excited about the planned proposal and what it will do for Mayport Road. Ms. Lanier agreed and said it will be good for other businesses in the area. Chair Hansen said the Traditional Marketplace zoning will be perfect for this property. ACTION: To approve REZN 19-0003. Motion: Brea Paul Second: Linda Lanier Community Development Board July 16,2019 Agenda Item #5.D. 05 Sep 2019 Page 235 of 304 0 rL%j r ra Page 1 of 2 t. 0 CITY OF ATLANTIC BEACH, FLORIDA N NOTICE OF HEARING J;319 7/26/2019 Case Number: 19-056 LUCAS TREE SERVICE Certified Mail Return Receipt: 205 EDGAR STREET SUITE 11 70171000000069911565 ATLANTIC BEACH, FL 32233 Property Address: 715 SEMINOLE RD ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Special Magistrate on September 5, 2019 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 715 SEMINOLE RD, RE#170404 0000, 10-16 16-2S-29E, SALTAIR SEC 3, LOT 95, AND Howell Park 10-16 16-2S- 29E 1.540, SALTAIR SEC 3, LOTS 77 TO 79,85 TO 94. 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 VIOLATION CODE: Sec. 23-31. (b) Pruning or removal of city trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city property without the permission of the city as evidenced by the appropriate permit. VIOLATION CODE: Sec. 23-23. Permits procedures. (a) (3) After-the-fact permits. Any person(s) engaging in the removal of regulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after-the-fact permit, and meet mitigation requirements as assessed. VIOLATION CODE: Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit, the fee for which shall be two (2) times the normal established application fee specified in section 23-26. In addition, as a condition of the permit, the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23- 33. VIOLATION CODE: Sec. 23-33. Mitigation to be assessed. (b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the following table, such that the number of Agenda Item #5.D. 05 Sep 2019 Page 236 of 304 Page 2 of 2 inches required to be replaced, relocated or preserved (first number) are proportional to the number the inches removed (second number): TABLE 1. STANDARD MITIGATION ASSESSMENT, CLASSIFICATION OF PROPERTY, CLASSIFICATION OF REGULATED TREE Private parcels 1:2 protected) 1: 1 (heritage); Public parcels 1:1 (protected) 2:1 (heritage); Public rights-of-way, easements, etc. 1:1 (protected) 3:1 (heritage); Environmentally sensitive areas 2:1 (protected) 3:1 (heritage). (c) General conditions. Mitigation shall be in the form of preservation of existing trees, relocation of existing trees that would otherwise be removed, or replacement with new trees, and shall occur within thirty (30) days, or prior to issuance of a certificate of occupancy or other final approval, whichever time is shorter, unless a greater period is provided for good cause by the permit. The applicant assumes all duties and costs associated with mitigation. STATEMENT OF CODE ENFORCEMENT OFFICER: On 2/28/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 715 SEMINOLE 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: Between February 25, 2019 and February 28, 2019 Lucas Tree Services was contracted to trim and remove trees at 715 Seminole Road. Three of the trees that were removed, one (1)palm tree and two 2) 20-inch pine trees, were located on City property and were part of Howell Park. No permit was issued for the removal of the three trees in Howell Park. 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. L• \. hereby swear and affirm that the above statement is true and a - . ate. U.S. Postal Service- Angela Iriz , Code Enforce,fficer fjCERTIFIED MAIL° RECEIPT Ln Domestic Mail Only Ln ATTEST: For delivery information,visit our website at www.usps.com x CrCertified Mail Fee V Extra Services&Fees(check box,add fee as appropriate) Retum Receipt(hardcopy) $ El Return Receipt(electronic) $ Postmark Lori Diaz, Records Clerk D Certified Mail Restricted Delivery $ Here f J D Adult Signature Required $ Adult Signature Restricted Delivery$ D Postage 1-1 Total Postage and Fees Sen o I w Street d PJ Box N + W( r- City,State,ZIP+44 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Agenda Item #5.D. 05 Sep 2019 Page 237 of 304 4.7 ENDER: COMPLETE THIS SECTION COMPL ETE THIS SECTIONON DELIVERY Ign,tureCompleteitems1,2,and 3. Print your name and address on the reverse n Agent so that we can return the card to you. ifew Addresse( B Re.eived :7(Prin Na a C. Date of Deliver)11 Attach this card to the back of the mailpiece, 1oronthefrontifspacepermits.f (T(1 I. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No G—OSS 1111111111111111111111 III 3. Service Type Adult Signature 0 Priority Mail Express@ Registered MaiO' Adult Signature Restricted Delivery Registered Mail Restrict, 9590 9402 2997 7094 0507 29 Certified Mail® Delivery Certified Mail Restricted Delivery 0 Return Receipt for Collect on Delivery Merchandise slivery Restricted Delivery El Signature Confirmation° 7017 1,000 0000 6991 1565 0 Signature Confirmation Restricted Delivery Restricted Delivery I (over$500) S Fnrm 3811_.luly 2(115 PSN mi-tri-n9-nnnAnsn rinmpstin Rptnrn Rpnpint Agenda Item #5.D.05 Sep 2019Page 238 of 304 J 0' mr/ J; CODE ENFORCEMENT ilavApIs‘ CITY OF ATLANTIC BEACH, FLORIDA E 0 NOTICE OF HEARING 7/26/2019 Case Number: 19-056 BHATTI BABUR Certified Mail Return Receipt: 715 SEMINOLE RD 70171000000069911879 ATLANTIC BEACH, FL 32233 Property Address: 715 SEMINOLE 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 5, 2019 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 715 SEMINOLE RD, RE#170404 0000, 10-16 16-2S-29E, SALTAIR SEC 3, LOT 95, AND Howell Park 10-16 16-2S-29E 1.540, SALTAIR SEC 3, LOTS 77 TO 79,85 TO 94. 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. 23-33. Mitigation to be assessed. (b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the following table, such that the number of inches required to be replaced, relocated or preserved (first number) are proportional to the number the inches removed second number): TABLE 1. STANDARD MITIGATION ASSESSMENT, CLASSIFICATION OF PROPERTY, CLASSIFICATION OF REGULATED TREE Private parcels 1:2 (protected) 1:1 heritage); Public parcels 1:1 (protected) 2:1 (heritage); Public rights-of-way, easements, etc. 1:1 protected) 3:1 (heritage); Environmentally sensitive areas 2:1 (protected) 3:1 (heritage). (c) General conditions. Mitigation shall be in the form of preservation of existing trees, relocation of existing trees that would otherwise be removed, or replacement with new trees, and shall occur within thirty (30) days, or prior to issuance of a certificate of occupancy or other final approval, whichever time is shorter, unless a greater period is provided for good cause by the permit. The applicant assumes all duties and costs associated with mitigation. Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit, the fee for which shall be two 2) times the normal established application fee specified in section 23-26. In addition, as a condition of the permit, the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23-33. Agenda Item #5.D. 05 Sep 2019 Page 239 of 304 Sec. 23-23. Permits procedures. (a) (3) After-the-fact permits. Any person(s) engaging in the removal of regulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after-the-fact permit, and meet mitigation requirements as assessed. Sec. 23-31. (b) Pruning or removal of city trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city property without the permission of the city as evidenced by the appropriate permit. STATEMENT OF CODE ENFORCEMENT OFFICER: On 2/28/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 715 SEMINOLE 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: Between February 25, 2019 and February 28, 2019 Lucas Tree Services was contracted to trim and remove trees at your request. Three of the trees that were removed, one (1) palm tree and two (2) 20-inch pine trees, were not located on your property but were part of Howell Park adjacent to your property. Section 23-31 if the Atlantic Beach code of ordinances requires the City's permission and issuance of a permit prior to removing any tree on city property. No permit was issued for the removal of these three trees in Howell Park. This case was heard at the July 11, 2019 Special Magistrate hearing and deferred until the September 5, 2019 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, C' r( hereby swear and affirm that the above statement is true and ac ate. U.S. Postal Service'" CERTIFIED MAIL° RECEIPT IT' Domestic Mail OnlyN For delivery information,visit our website at www.usps.com`". Angela I ' , Code Enforce 4•fficer • p^ Certified Mail Fee i $ 13 Extra Services&Fees(check box,add tee as appropriate) El Receipt(hardcopy) $ Q 0 Return Receipt(electronic) $ Postmark O Certified Mail Restricted Delivery $ Here ATTEST:o Adult Signature Required $ 0 Adult Signature Restricted Delivery$ p Postage O n O Total Postage and Fees Iti sent /]t _r 1 r„ Lori Diaz, Records Clerk Il tApt. W O Stieet and Apt.No.,or Pb Box No. N City,State,ZIP+44 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Agenda Item #5.D. 05 Sep 2019 Page 240 of 304 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER CITY OF ATLANTIC BEACH,FLORIDA, Petitioner vs. BHATTI BABUR First Class and CertifiedMail Return Receipt 715 SEMINOLE ROAD Requested:70)7 l C 0 000 Co qQ 1 824+ ATLANTIC BEACH,FL 32233 701-7 / 600 OO O 0 Lo q 1 ( 81 -7 Property Address: 715 SEMINOLE RD and ATLANTIC BEACH,FL LUCAS TREE SERVICE,Respondent 205 EDGAR STREET SUITE 11 ATLANTIC BEACH, FL 32233 Case Number: 19-056 Real Estate Number: 170404 0000 Legal Description: 10-16 16-2S-29E, SALTAIR SEC 3, LOT 95,AND Howell Park 10-16 16-2S-29E 1.540, SALTAIR SEC 3,LOTS 77 TO 79,85 TO 94 ORDER ON CASE NO. 19-056 THIS CAUSE came for public hearing before Code Enforcement Special Magistrate on July 11, 2019, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT 1. The Respondent Lucas Tree Service performed tree service work at the property located at 715 Seminole Road,Atlantic Beach,Florida as the Respondent property owner's hired agent. 2. Notice was sent by Certified Mailing, and Respondent Lucas Tree Service was present at the hearing. Respondent property owner Bhatti Babur was not present at the hearing. 3. Notification of the violations of the City of Atlantic Beach,were made and served on the Respondent as evidenced in this hearing. 4. Respondent, acting as the property owner's agent,removed one palm tree and two 20-inch pine trees owned by the City of Atlantic beach and located in Howell Park. 5. The property owner submitted an appeal to the City's tree board and was on the agenda for the July 18,2019 Community Development Board meeting to request a variance from mitigation requirements. 6. City staff recommended a deferral of this matter to the next code enforcement hearing. 7. Respondent agreed to the deferral. CONCLUSIONS OF LAW 8. Sufficient evidence was presented to merit a deferral. Agenda Item #5.D. 05 Sep 2019 Page 241 of 304 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 matter is deferred until the code enforcement hearing currently set for September 5, 2019. DONE AND ORDERED THIS 2ti day of July, 2019. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: 1ff ' if, AP • Lori Diaz,Records Clerk 4 Jebir. Branham, Special Magistrate Executed this ay of f V 2019. PLEASE NOTE:Florida Statutes, Section 162.11, states that an appeal of this order shall be filed in circuit court within thirty(30)days of this order's execution. U.S. Postal Servicer M1 CERTIFIED MAIL° RECEIPT FR Domestic Mail Only ria For delivery information,visit our website at www.usps.com'. rl r Cr Certified Mail Fee 0 Er Extra Services&Fees(check box,add fee as appropriate) 0 Return Receipt(hardcopy) $ al 0 Return Receipt(electronic) $ PostmarkCertifiedMailRestrictedDelivery $ Hereci Arius Signature Required § Adult Signature Restricted Delivery$ 0 Postage t7 $ rR Total Postage and Fees Sent To I Street an. ,.1- 1.Box Flo. l City,State,ZIP+45 PS Form 3800,April 2015 PSN 7530.02-000-9047 See Reverse for Instructions Agenda Item #5.D. 05 Sep 2019 Page 242 of 304 CODE ENFORCEMENT 41. J 1 CITY OF ATLANTIC BEACH, FLORIDA4 s) NOTICE OF HEARING 7/26/2019 Case Number: 19-056 BHATTI BABUR Certified Mail Return Receipt: 715 SEMINOLE RD 70171000000069911879 ATLANTIC BEACH, FL 32233 Property Address: 715 SEMINOLE 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 5, 2019 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 715 SEMINOLE RD, RE#170404 0000, 10-16 16-2S-29E, SALTAIR SEC 3, LOT 95, AND Howell Park 10-16 16-2S-29E 1.540, SALTAIR SEC 3, LOTS 77 TO 79,85 TO 94. 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. 23-33. Mitigation to be assessed. (b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the following table, such that the number of inches required to be replaced, relocated or preserved (first number) are proportional to the number the inches removed second number): TABLE 1. STANDARD MITIGATION ASSESSMENT, CLASSIFICATION OF PROPERTY, CLASSIFICATION OF REGULATED TREE Private parcels 1:2 (protected) 1:1 heritage); Public parcels 1:1 (protected) 2:1 (heritage); Public rights-of-way, easements, etc. 1: 1 protected) 3:1 (heritage); Environmentally sensitive areas 2:1 (protected) 3:1 (heritage). (c) General conditions. Mitigation shall be in the form of preservation of existing trees, relocation of existing trees that would otherwise be removed, or replacement with new trees, and shall occur within thirty (30) days, or prior to issuance of a certificate of occupancy or other fmal approval, whichever time is shorter, unless a greater period is provided for good cause by the permit. The applicant assumes all duties and costs associated with mitigation. Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit, the fee for which shall be two 2) times the normal established application fee specified in section 23-26. In addition, as a condition of the permit, the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23-33. Agenda Item #5.D. 05 Sep 2019 Page 243 of 304 Sec. 23-23. Permits procedures. (a) (3) After-the-fact permits. Any person(s) engaging in the removal of regulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after-the-fact permit, and meet mitigation requirements as assessed. Sec. 23-31. (b) Pruning or removal of city trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city property without the permission of the city as evidenced by the appropriate permit. STATEMENT OF CODE ENFORCEMENT OFFICER: On 2/28/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 715 SEMINOLE 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: Between February 25, 2019 and February 28, 2019 Lucas Tree Services was contracted to trim and remove trees at your request. Three of the trees that were removed, one (1) palm tree and two (2) 20-inch pine trees, were not located on your property but were part of Howell Park adjacent to your property. Section 23-31 if the Atlantic Beach code of ordinances requires the City's permission and issuance of a permit prior to removing any tree on city property. No permit was issued for the removal of these three trees in Howell Park. This case was heard at the July 11, 2019 Special Magistrate hearing and deferred until the September 5, 2019 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, 1 -' hereby swear and affirm that the above statement is true and ac ate. U.S. Postal Service" CERTIFIED MAIL° RECEIPTa(VA a' Domestic Mail Only a For delivery information,visit our website at www.usps com°. Angela Iri , Code Enforce di fficer p^ Certified Mail Fee a Extra Services&Fees(check box,add tee as appropriate) O 0 Return Receipt(hardcopy) $ 0 Return Receipt(electronic) $ _ _ Postmark Certified Mai Restricted Delivery $ Here ATTEST:o Adult Signature Required $ Adult Signature Restricted Delivery$ CI Postage Total Postage and Fees L4)*(s), if ra Lori Diaz, Records Clerk ra SenteAlo cif_est O Billet and Apt.No.,or Pb Box No. N ity,State,ZIP+46 PS Form 3800,April 2015 PSN 7530.02.000-9041 See Reverse for Instructions Agenda Item #5.D. 05 Sep 2019 Page 244 of 304 ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3. A. Sig•at i/Print your name and address on the reverse 0 Agent so that we can return the card to you. X i 0 Addresse Attach this card to the back of the mailpiece, B. Rece e.by(• :Name) C. Date of Deliver 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 0.61( 11 — OS 11111111 1111111111 I 11 1 1111 3. Service Type Adult Signature 0 Priority Mail Express® Registered Mail'."' Adult Signature Restricted Delivery Registered Mail Restrict 9590 9402 2997 7094 0509 10 0 Certified Mail® Delivery Certified Mail Restricted Delivery Return Receipt for Collect on Delivery Merchandise 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation'.Arilrlo Ni imhar ITranSfer from service label) r,,__ _ 'Rail 0 Signature Confirmation 7 017 1000 0000 6991 1879 nail Restricted Delivery Restricted Delivery DS Form 3811.July 2015 PSN 7530-02-000-9053 Domestic Return Receini Agenda Item #5.D.05 Sep 2019Page 245 of 304 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRAT1 ORDER CITY OF ATLANTIC BEACH,FLORIDA, Petitioner vs. BHATTI BABUR First Class and Certified Mail Return R cei t 715 SEMINOLE ROAD Requested:-701^7 (O O 0°C) (0q. l 8Zq ATLANTIC BEACH,FL 32233 0t-7 1600 OOOO (044 ( (81 -7 Property Address: 715 SEMINOLE RD and ATLANTIC BEACH,FL LUCAS TREE SERVICE,Respondent 205 EDGAR STREET SUITE 11 ATLANTIC BEACH, FL 32233 Case Number: 19-056 Real Estate Number: 170404 0000 Legal Description: 10-16 16-2S-29E, SALTAIR SEC 3,LOT 95,AND Howell Park 10- 16 16-2S-29E 1.540, SALTAIR SEC 3,LOTS 77 TO 79,85 TO 94 ORDER ON CASE NO. 19-056 THIS CAUSE came for public hearing before Code Enforcement Special Magistrate on July 11, 2019, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows: FINDINGS OF FACT 1. The Respondent Lucas Tree Service performed tree service work at the property located at 715 Seminole Road, Atlantic Beach, Florida as the Respondent property owner's hired agent. 2. Notice was sent by Certified Mailing, and Respondent Lucas Tree Service was present at the hearing.Respondent property owner Bhatti Babur was not present at the hearing. 3. Notification of the violations of the City of Atlantic Beach,were made and served on the Respondent as evidenced in this hearing. 4. Respondent, acting as the property owner's agent,removed one palm tree and two 20-inch pine trees owned by the City of Atlantic beach and located in Howell Park. 5. The property owner submitted an appeal to the City's tree board and was on the agenda for the July 18, 2019 Community Development Board meeting to request a variance from mitigation requirements. 6. City staff recommended a deferral of this matter to the next code enforcement hearing. 7. Respondent agreed to the deferral. CONCLUSIONS OF LAW 8. Sufficient evidence was presented to merit a deferral. Agenda Item #5.D. 05 Sep 2019 Page 246 of 304 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 matter is deferred until the code enforcement hearing currently set for September 5, 2019. DONE AND ORDERED THIS 2.i day of July, 2019. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: Lori Diaz,Records Clerk Jebt.Branham, Special Magistrate Executed this `3f)lay of Zc t l 2019. PLEASE NOTE:Florida Statutes, Section 162.11, states that an appeal of this order shall be filed in circuit court within thirty(30) days of this order's execution. P , SENDER: CCI PLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3. A. Signature Print your name and address on the reverse X I 0 Agent so that we can return the card to you.0 Addressee Attach this card to the back of the mailpiece, B. :f ed 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 l )( A,k0LluLr DSS I' I I III II I I I D I 111 I I I I I I II I I 3. ID Service Registered Mail AdultSignature Restricted Delivery Registered Restricted 9590 9402 2997 7094 0509 89 Certified Mail® Delivery Certified Mail Restricted Delivery 0 Return Receipt for Collect on Delivery Merchandise 2. •_,_.---.-_ r----,elivery Restricted Delivery 0 Signature ConfirmationTM 7 017 1000 0000 6991 1824 Signature Confirmation Restricted Delivery Restricted Delivery I (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Agenda Item #5.D. 05 Sep 2019 Page 247 of 304 Page 248 of 304 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER BHATTI BABUR 715 SEMINOLE RD ATLANTIC BEACH, FL 32233 (904)241-3533 SUB CONTRACTOR LUCAS TREE SERVICE INC 205 EDGAR ST ATLANTIC BEACH, FL 32233 (904)241-3533 orlandolucas46@gmail.com VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES VIOLATIONS Description: per Derek Reeves - tree removal on City property Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: STOP WORK ORDER Opened: 2/28/2019 Closed: Last Action: 9/20/2019 Fllw Up: 9/20/2019 Site Address: 715 SEMINOLE RD Atlantic Beach, Fl 32233 Site APN: 170404 0000 Officer: Angela Irizarry Details:8/29/2019 - Property owner attended CDB meeting and their appeal of the mitigation requirements was granted. They were given credit for one pine tree that was shown to be dead at the time of removal. 7/5/2019 Property owner has submitted an appeal to the Tree Board and is on the agenda for the July 18 Community Development Board to request a variance from the mitigation requirement. Staff recommends that this issued be deferred to the September meeting after the CDB makes a ruling. Printed: Thursday, 29 August, 2019 1 of 5 CASE DETAILS Case Number 19-056 Agenda Item #5.D.05 Sep 2019Page 249 of 304 Tree Mitigation Angela Irizarry 3/14/2019 Sec. 23-33. Mitigation to be assessed. (b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the following table, such that the number of inches required to be replaced, relocated or preserved (first number) are proportional to the number the inches removed (second number): TABLE 1. STANDARD MITIGATION ASSESSMENT, CLASSIFICATION OF PROPERTY, CLASSIFICATION OF REGULATED TREE Private parcels 1:2 1:1 Public parcels 1:1 2:1 Public rights-of-way, easements, etc. 1:1 3:1 Environmentally sensitive areas 2:1 3:1 (c) General conditions. Mitigation shall be in the form of preservation of existing trees, relocation of existing trees that would otherwise be removed, or replacement with new trees, and shall occur within thirty (30) days, or prior to issuance of a certificate of occupancy or other final approval, whichever time is shorter, unless a greater period is provided for good cause by the permit. The applicant assumes all duties and costs associated with mitigation. Tree Penalties Angela Irizarry 3/14/2019 Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit, the fee for which shall be two (2) times the normal established application fee specified in section 23-26. In addition, as a condition of the permit, the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23-33. Printed: Thursday, 29 August, 2019 2 of 5 CASE DETAILS Case Number 19-056 Agenda Item #5.D.05 Sep 2019Page 250 of 304 CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES STOP WORK ORDER POST Angela Irizarry 2/28/2019 2/28/2019 NOV CERT Angela Irizarry 3/18/2019 3/18/2019 CMRR RECEIVED W/SIGNATURE Angela Irizarry 3/25/2019 3/25/2019 Rcvd Signed Green Card. NOTICE OF HEARING Lori Diaz 4/23/2019 4/25/2019 MISC NOTES/ACTION Angela Irizarry 5/7/2019 5/7/2019 Bhatti''s notified Planning Department that they intended to appeal the mitigation requirements. NOH LTR Lori Diaz 5/30/2019 5/30/2019 Renotice Lucas Trees with New Date NOTICE OF HEARING Lori Diaz 5/30/2019 5/30/2019 NOH letter to Homeowner CMRR STATUS UPDATE Angela Irizarry 6/6/2019 6/17/2019 Rcvd signed green card for NOH for 7/11/2019 meeting MISC NOTES/ACTION Angela Irizarry 6/12/2019 6/12/2019 Tree Subcommittee unanimously agreed that the mitigation requirements are consistent with Chapter 23 CMRR STATUS UPDATE Angela Irizarry 6/26/2019 CHRONOLOGY Tree Permit Procedures Angela Irizarry 3/14/2019 Sec. 23-23. Permits procedures. (a) (3) After-the- fact permits. Any person(s) engaging in the removal of regulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after-the-fact permit, and meet mitigation requirements as assessed. Tree Removal (Right of Way)Angela Irizarry 3/14/2019 Sec. 23-31. (b) Pruning or removal of city trees. It shall be unlawful to trim, prune, or remove any tree which is within the city''s rights-of-way or upon any other city property without the permission of the city as evidenced by the appropriate permit. Printed: Thursday, 29 August, 2019 3 of 5 CASE DETAILS Case Number 19-056 Agenda Item #5.D.05 Sep 2019Page 251 of 304 CODE BOARD AGENDA Lori Diaz 7/2/2019 5/30/2019 CODE BOARD AGENDA Lori Diaz 7/4/2019 6/14/2019 CEB MEETING Angela Irizarry 7/11/2019 7/11/2019 Case deferred until September meeting to allow Respondents time to complete appeal process and appear before the Community Development Board. Lucas trees agreed to deferral MISC NOTES/ACTION Angela Irizarry 7/16/2019 7/16/2019 CDB Meeting. Appeal was granted by CDB. Minutes added to case file. CODE BOARD ORDER Lori Diaz 7/23/2019 7/23/2019 SCAN & UPLOAD EXECUTED ORDERS Lori Diaz 7/24/2019 7/24/2019 NOTICE OF HEARING Lori Diaz 7/25/2019 7/25/2019 Send notice to Owner and Lucas Tree Service SCAN & UPLOAD EXECUTED ORDERS Lori Diaz 7/26/2019 7/26/2019 CMRR RECEIVED W/SIGNATURE Angela Irizarry 8/6/2019 8/6/2019 Received signed green card to Lucas for 9/5/19 NOH CMRR RECEIVED W/SIGNATURE Angela Irizarry 8/7/2019 8/7/2019 Received signed green card for 7/11/19 Order to Babur CMRR STATUS UPDATE Angela Irizarry 8/21/2019 CODE BOARD AGENDA Lori Diaz 8/29/2019 CODE BOARD ORDER Lori Diaz 9/17/2019 SCAN & UPLOAD EXECUTED ORDERS Lori Diaz 9/20/2019 INSPECTIONS FINANCIAL INFORMATION Printed: Thursday, 29 August, 2019 4 of 5 CASE DETAILS Case Number 19-056 Agenda Item #5.D.05 Sep 2019Page 252 of 304 Printed: Thursday, 29 August, 2019 5 of 5 CASE DETAILS Case Number 19-056 Agenda Item #5.D.05 Sep 2019Page 253 of 304 Page 254 of 304 Agenda Item #6.A. 05 Sep 2019 Page 255 of 304 City of Atlantic BeachJ 800 Seminole Road Atlantic Beach, FL, 32233 Phone: 904-247-5800 Notice of Violation (Return Receipt) January 02, 2019 HOSTO MICHAEL D CASE NO. 18-371 2329 BAREFOOT TRCE REAL ESTATE NO. 169463 0618 ATLANTIC BEACH, FL 32233 RETURN RECEIPT: 70182290000101167933 VIOLATION LOCATION: 2329 BAREFOOT TRACE Dear Property Owner, Please be advised, Atlantic Beach Code Enforcement has found your property referenced above to be in violation of the City of Atlantic Beach Code of Ordinances: Sec. 19-7. - Construction of driveways in rights-of-way. The construction of a new driveway in the city's right-of-way, or the modification of an existing driveway in a right-of-way, shall require a construction permit within city rights-of-way and easements. Said permit shall be issued subject to the following requirements: a) The proposed driveway shall not create more than fifty (50) percent impervious area within the right-of-way. (b) Any permit issued shall be a revocable encroachment permit if any nonstandard driveway materials (i.e., pavers) are installed in the right-of-way. If the city is required to do any utility or other work or repairs in a right-of-way which damages such nonstandard materials, the homeowner shall be responsible for repairs necessary to the materials. (c) Any construction within the city's rights-of-way shall not adversely affect or restrict public parking in the rights-of-way. (d) No parking aprons shall be allowed in the city's rights-of-way along arterial (through) streets listed in city Code subsection 21-17(h). (e) Any improvements in the city's rights-of-way that are not part of a driveway or sidewalk shall be constructed of turf block or other pervious material. (f) Maximum driveway width at the property line and through the right-of-way shall be twenty (20) feet. Maximum driveway width for circular drives shall be twelve (12) feet, and circular drives shall only be permitted on lots having at least one hundred-foot frontage. (g) Maximum driveway width at the property line and through the right-of-way for duplexes on a fifty-foot lot shall be a combined width for both driveways of twenty-four (24) feet. (h) Driveways that cross sidewalks. City sidewalks may not be replaced with other materials, but must be replaced with smooth concrete left natural in color so that it matches the existing and adjoining sidewalks. ACTION REQUIRED WITHIN five (5) DAYS OF THE RECEIPT OF THIS NOTICE: Please submit application for the paver driveway. Application must indicate the area of pavers that will be removed to restore the sidewalk back to original concrete. Agenda Item #6.A. 05 Sep 2019 Page 256 of 304 City of Atlantic Beach 1'' 1 800 Seminole Road VW, Atlantic Beach, FL, 32233 Phone: 904-247-5800 Thank you for your cooperation in this matter. Failure to correct the violation(s) by the required date may result in this case being referred to the Code Enforcement Board resulting in fines up to two-hundred fifty ($250.00) per day. Upon completion of action required it is your responsibility to contact me and arrange for an inspection to verify compliance. If you have any questions contact Code Enforcement at 904-247-5855. Sincerely, OrY\032'` Angela Irizarry Code Enforcement Agenda Item #6.A. 05 Sep 2019 Page 257 of 304 USPS.com®-USPS Tracking®Results FAQs ) (https://www.usps.com/fags/uspstracking-faqs.htm)USPS Tracking® Track Another Package + Tracking Number: 70182290000101167933 Remove X Your item has been delivered to the original sender at 10:45 am on February 7, 2019 in ATLANTIC BEACH, FL 32233. G Delivered February 7, 2019 at 10:45 am Delivered, To Original Sender ATLANTIC BEACH, FL 32233 m Q Cr C) Tracking History u Product Information See Less ^ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs (https://www.usps.com/faqs/uspstracking-faqs.htm) https://tools.usps.com/go/TrackConfirmAction?tLabels=70182290000101167933 1/2 Agenda Item #6.A. 05 Sep 2019 Page 258 of 304 S1,,L,Jrl-,..> s f CITY OF ATLANTIC BEACH r s 800 SEMINOLE ROADl si ATLANTIC BEACH, FL 32233 3 r„ yr PHONE (904)247-5800 011 !P CERTIFIED MAIL RETURN RECEIPT REQUESTED 7018 2290 0001 0116 7902 5/3/2019 HOSTO MICHAEL D 2329 BAREFOOT TRCE ATLANTIC BEACH, FL 32233 Real Estate Number: 169463 0618 Case Number: 18-371 Location of Violation: 2329 BAREFOOT TRACE, 42-13 37-2S-29E, OCEANWALK UNIT 2, LOT 58Atlantic 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 are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6- 16. A code enforcement inspection at 2329 BAREFOOT TRACE was conducted on . 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: Sec. 19-7. Construction of driveways in rights-of-way. The construction of a new driveway in the city's right-of-way, or the modification of an existing driveway in a right-of-way, shall require a construction permit within city rights-of-way and easements. Said permit shall be issued subject to the following requirements: (a) The proposed driveway shall not create more than fifty 50)percent impervious area within the right-of-way. (b)Any permit issued shall be a revocable encroachment permit if any nonstandard driveway materials(i.e., pavers) are installed in the right-of- way. If the city is required to do any utility or other work or repairs in a right-of-way which damages such nonstandard materials,the homeowner shall be responsible for repairs necessary to the materials. c) Any construction within the city's rights-of-way shall not adversely affect or restrict public parking in the rights-of-way. (d)No parking aprons shall be allowed in the city's rights-of-way along arterial through) streets listed in city Code subsection 21-17(h). (e)Any improvements in the city's rights-of- way that are not part of a driveway or sidewalk shall be constructed of turf block or other pervious material. (f) Maximum driveway width at the property line and through the right-of-way shall be twenty 20) feet. Maximum driveway width for circular drives shall be twelve (12) feet, and circular drives shall only be permitted on lots having at least one hundred-foot frontage. (g) Maximum driveway width at the property line and through the right-of-way for duplexes on a fifty-foot lot shall be a combined width for both driveways of twenty-four(24) feet. (h) Driveways that cross sidewalks. City sidewalks may not be replaced with other materials, but must be replaced with smooth concrete left natural in color so that it matches the existing and adjoining sidewalks. Agenda Item #6.A. 05 Sep 2019 Page 259 of 304 NATURE OF VIOLATION: Paver driveway was installed without obtaining a valid permit from the City of Atlantic Beach. In addition the City's concrete sidewalk crossing through the driveway was removed and replaced with pavers in violation of Sec. 19-7. This letter requests that the noted violation(s) be corrected by submitting a permit application for the paver driveway within five(5) days of the receipt of this notice. Application must indicate the area of pavers that will be removed to restore the sidewalk back to original concerete. This is the final request. 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 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, elCt Ti ,-1217.Q((hereby swear and affirm that the above statement is true and accurata Sincerely, 01111-EL-(01/4_ 0AATAA?„- Angela Irizarry CODE ENFORCEMENT Agenda Item #6.A. 05 Sep 2019 Page 260 of 304 ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY IN Complete items 1,2,and 3. A. Signat re i inPrintyournameandaddressonthereverse 0 Agent so that we can return the card to you. X 14." a Addressee Attach this card to the back of the mailpiece,B. Rec:ved by(Printed Nam:) ri. DateofDelivery or on the front if space permits. J---(5--1 9 1. Article Addressed to: D. Is delivery address different from item 1? Yes 051- 0If YES,enter delivery address below: 0 No i DU i' -3-7 1 I' I' III II I I I II I I I III Ili l 11111111I 3. Service Type D Prir sa D Adult Signature D Registereu dailT^' Adult Signature Restricted Delivery 0 Registered Mail Restricts 9590 9402 3831 8032 5654 99 D Certified Mail® Delivery D Certified Mail Restricted Delivery 0 Return Reoeipt for D Collect on Delivery Merchandise 2. Article Number(Transfer from service label) Collect on Delivery Restricted Delivery 0 Signature Confirmation" tail 0 Signature Confirmation 7 018 2290 0001 0116 7902 o)il Restricted Delivery Restricted Delivery DC Fnrrn!!IR11 hd,,Ofli g Dom 7cQn_n00.nnn.onas Agenda Item #6.A.05 Sep 2019Page 261 of 304 Page 1 of 2 rS J'I,1 flel CODE ENFORCEMENT E5 CITY OF ATLANTIC BEACH, FLORIDA Ai NOTICE OF HEARING r.4 J;3 7/26/2019 Case Number: 18-371 HOSTO MICHAEL D Certified Mail Return Receipt: 2329 BAREFOOT TRCE 70171000000069911893 ATLANTIC BEACH, FL 32233 Property Address: 2329 BAREFOOT TRACE 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 5, 2019 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 2329 BAREFOOT TRACE, RE#169463 0618, 42-13 37-2S-29E, OCEANWALK UNIT 2, LOT 58. 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. 19-7. Construction of driveways in rights-of-way. The construction of a new driveway in the city's right-of-way, or the modification of an existing driveway in a right-of-way, shall require a construction permit within city rights-of-way and easements. Said permit shall be issued subject to the following requirements: (a) The proposed driveway shall not create more than fifty (50) percent impervious area within the right-of-way. (b) Any permit issued shall be a revocable encroachment permit if any nonstandard driveway materials (i.e., pavers) are installed in the right-of-way. If the city is required to do any utility or other work or repairs in a right-of-way which damages such nonstandard materials, the homeowner shall be responsible for repairs necessary to the materials. (c) Any construction within the city's rights-of-way shall not adversely affect or restrict public parking in the rights-of-way. (d) No parking aprons shall be allowed in the city's rights-of-way along arterial (through) streets listed in city Code subsection 21- 17(h). (e) Any improvements in the city's rights-of-way that are not part of a driveway or sidewalk shall be constructed of turf block or other pervious material. (f) Maximum driveway width at the property line and through the right-of-way shall be twenty (20) feet. Maximum driveway width for circular drives shall be twelve (12) feet, and circular drives shall only be permitted on lots having at least one hundred-foot frontage. (g) Maximum driveway width at the property line and through the right-of-way for duplexes on a fifty-foot lot shall be a combined width for both driveways of twenty-four(24) feet. (h) Driveways that cross sidewalks. City sidewalks may not be replaced with other materials, but must be replaced with smooth concrete left natural in color so that it matches the existing and adjoining sidewalks. Agenda Item #6.A. 05 Sep 2019 Page 262 of 304 Page 2 of 2 STATEMENT OF CODE ENFORCEMENT OFFICER: On 7/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 2329 BAREFOOT TRACE. 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: Paver driveway was installed without obtaining a valid permit from the City of Atlantic Beach. In addition the City's concrete sidewalk crossing through the driveway was removed and replaced with pavers in violation of Sec. 19-7. The after-the-fact permit to correct the violation was approved on June 11, 2019 but as of July 25, 2019, the permit fees have not been paid, the permit has not been issued and the repair work has not begun. 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, Y `1 hereby swear and affirm that the above statement is true and a ate. Angela Irl , Code Enforcement cer U.S. Postal Service'"' ATTEST: CERTIFIED MAIL® RECEIPT rrl Domestic Mail OnlyO' For delivery information,visit our website at www.usps.com°. 0- Certified Mail Fee Lori Diaz, Records Clerk ( Q" $ 13 Extra Services&Fees(check box,add fee as appropriate) O Return Receipt(hardcopy) $ Return Receipt(electronic) $ Poatmetk Certified Mail Restricted Delivery $ Here Adult Signature Required $ Adult Signature Restricted Delivery$ p Postage O $ Total Postage and Fees rg I J Set} r Stre k.z4:=1 t.No.,or CY ffox No. 1 r- City,State,ZIP+4+ PS Form 3800,AprIl 2015 PSN 7530-02-0004047 See Reverse for Instructions Agenda Item #6.A. 05 Sep 2019 Page 263 of 304 8/29/2019 USPS.com®-USPS Tracking®Results FAQs (https://www.usps.com/fags/uspstracking-fags.htm)USPS Tracking® Track Another Package + Tracking Number: 70171000000069911893 Remove X This is a reminder to arrange for redelivery of your item or your item will be returned to sender. Delivery Attempt Reminder to Schedule Redelivery of your item Get Updates \/ n CD a e- v Text & Email Updates v Tracking History Reminder to Schedule Redelivery of your item This is a reminder to arrange for redelivery of your item or your item will be returned to sender. August 1, 2019, 1:43 pm Notice Left (No Authorized Recipient Available) ATLANTIC BEACH, FL 32233 July 29, 2019, 10:51 am Held at Post Office, At Customer Request ATLANTIC BEACH, FL 32233 July 28, 2019 In Transit to Next Facility https://tools.usps.com/go/TrackConfirmAction?tLabels=70171000000069911893 1/3 Agenda Item #6.A. 05 Sep 2019 Page 264 of 304 8/29/2019 USPS.com®-USPS Tracking®Results July 26, 2019, 11:52 pm Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER July 26, 2019, 7:25 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information See Less " Can't find what you're looking for? CDCDGotoourFAQssectiontofindanswerstoyourtrackingquestions. FAQs (https://www.usps.com/faqs/uspstracking-faqs.htm) The easiest tracking number is the one you don't have to know. https://tools.usps.com/go/TrackConfirmAction?tLabels=70171000000069911893 2/3 Agenda Item #6.A. 05 Sep 2019 Page 265 of 304 8/29/2019 USPS.com®-USPS Tracking®Results With Informed Delivery®, you never have to type in another tracking number. Sign up to: See images* of incoming mail. Automatically track the packages you're expecting. Set up email and text alerts so you don't need to enter tracking numbers. Enter USPS Delivery InstructionsTM for your mail carrier. Sign Up https://reg.usps.com/entreg/RegistrationAction_input? NOTE: Black and white (grayscale) images show the outside, front of letter-sized envelopes and mailpieces that are processedpRPg1§i$tR irVe %2F%2Ftools.usps.com%2Fgc n CD CD CD_ 0 CL) https://tools.usps.com/go/TrackConfirmAction?tLabels=70171000000069911893 3/3 Agenda Item #6.A. 05 Sep 2019 Page 266 of 304 s.1,-'r' 7',, , e CITY OF ATLANTIC BEACH 0 . 800 SEMINOLE ROAD f ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 J;31> NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 18-371 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: 01) Date Posted: I. -V. Location: 2329 BAREFOOT TRACE,Atlantic Beach, Florida 2) Date Posted:l -3--- \ C) Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANT BEACH,FL 32233 4116AJII).• -... 4iiir lir Angela IrizjCode EnforcemE1 . County of Duval State of Florida The foregoing Affidavit was acknowledged before me this 22- day ofAAA./ 20 / , 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 Notary ub is State of i da LORA DIAZ_ iMYCOIANISSIOtaGO276336k132022 P`S DVIRES wss j Agenda Item #6.A. 05 Sep 2019 Page 267 of 304 1--„,„ CODE ENFORCEMENT s CITY OF ATLANTIC BEACH, FLORIDA s) ilay NOTICE OF HEARING J-4J13 c r 8/22/2019 Case Number: 18-371 HOSTO MICHAEL D POSTED ON PROPERTY AND 2329 BAREFOOT TRCE ATLANTIC BEACH CITY HALL ATLANTIC BEACH, FL 32233 Property Address: 2329 BAREFOOT TRACE 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 5, 2019 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 2329 BAREFOOT TRACE, RE#169463 0618, 42-13 37-2S-29E, OCEANWALK UNIT 2, LOT 58. 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. 19- 7. Construction of driveways in rights-of-way. The construction of a new driveway in the city's right-of-way, or the modification of an existing driveway in a right-of-way, shall require a construction permit within city rights-of-way and easements. Said permit shall be issued subject to the following requirements: (a) The proposed driveway shall not create more than fifty (50) percent impervious area within the right-of-way. (b) Any permit issued shall be a revocable encroachment permit if any nonstandard driveway materials (i.e., pavers) are installed in the right-of-way. If the city is required to do any utility or other work or repairs in a right-of-way which damages such nonstandard materials, the homeowner shall be responsible for repairs necessary to the materials. (c) Any construction within the city's rights-of-way shall not adversely affect or restrict public parking in the rights-of-way. (d) No parking aprons shall be allowed in the city's rights-of-way along arterial (through) streets listed in city Code subsection 21-17(h). (e) Any improvements in the city's rights-of-way that are not part of a driveway or sidewalk shall be constructed of turf block or other pervious material. (f) Maximum driveway width at the property line and through the right-of-way shall be twenty (20) feet. Maximum driveway width for circular drives shall be twelve (12) feet, and circular drives shall only be permitted on lots having at least one hundred-foot frontage. (g) Maximum driveway width at the property line and through the right-of-way for duplexes on a fifty-foot lot shall be a combined width for both driveways of twenty-four (24) feet. (h) Driveways that cross sidewalks. City sidewalks may not be replaced with other materials, but must be replaced with smooth concrete left natural in color so that it matches the existing and adjoining sidewalks. Agenda Item #6.A. 05 Sep 2019 Page 268 of 304 STATEMENT OF CODE ENFORCEMENT OFFICER: On 7/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 2329 BAREFOOT TRACE. 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: Paver driveway was installed without obtaining a valid permit from the City of Atlantic Beach. In addition the City's concrete sidewalk crossing through the driveway was removed and replaced with pavers in violation of Sec. 19-7. The after-the-fact permit to correct the violation was approved on June , 11, 2019 but as of August 22, 2019, the permit fees have not been paid the permit has not been issued and the repair work has not begun.. 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: t C1 Lori Diaz, Records Cler Agenda Item #6.A. 05 Sep 2019 Page 269 of 304 7.42; ACCESSORY PERMIT PERMIT NUMBER s CITY OF ATLANTIC BEACH ACC19-0040 141 %.4111W 800 SEMINOLE ROAD ISSUED: 8/ 23/2019 ATLANTIC BEACH. FL 32233 EXPIRES: 2/19/2020 MUST CALL INSPECTION PHONE LINE (904) 247-5814 BY 4 PM FOR NEXT DAY INSPECTION. ALL WORK MUST CONFORM TO THE CURRENT 6TH EDITION (2017) OF THE FLORIDA BUILDING CODE, NEC, IPMC, AND CITY OF ATLANTIC BEACH CODE OF ORDINANCES . ALL CONDITIONS OF PERMIT APPLY, PLEASE READ CAREFULLY. NOTICE: In addition to the requirements of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. JOB ADDRESS: PERMIT TYPE: DESCRIPTION: VALUE OF WORK: 2329 BAREFOOT TRACE ACCESSORY SINGLE OR TWO PAVER DRIVEWAY, FAMILY ACCESSORY SIDEWALK & PATIO 10000.00 TYPE OF REAL ESTATE ZONING: BUILDING USE SUBDIVISION: CONSTRUCTION: NUMBER: GROUP: 169463 0618 OCEAN WALK UNIT 02 COMPANY: ADDRESS: CITY: STATE: ZIP: OWNER: ADDRESS: CITY: STATE: ZIP: HOSTO MICHAEL D 2329 BAREFOOT TRCE ATLANTIC BEACH FL 32233 WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. LIST OF CONDITIONS Roll off container company must be on City approved list . Container cannot be placed on City right-of-way. 1 PUBLIC WORKS EROSION CONTROL INSTALLATION INFORMATIONAL Notes: Full erosion control measures must be installed and approved prior to beginning any earth disturbing activities. Contact the Inspection Line(904-247- 5814)to request an Erosion and Sediment Control Inspection prior to start of construction. I 2 PUBLIC WORKS ON SITE RUNOFF INFORMATIONAL Notes: All runoff must remain on-site during construction. Issued Date:8/23/2019 1 of 2 Agenda Item #6.A. 05 Sep 2019 Page 270 of 304 i%-L r' ACCESSORY PERMIT PERMIT NUMBER l...)' P.P*, s,CITY OF ATLANTIC BEACHKACC19-0040 V ISSUED:8/23/2019 f` / 800 SEMINOLE ROAD i'; ATLANTIC BEACH, FL 32233 EXPIRES: 2/19/2020 3 PUBLIC WORKS ROLL OFF CONTAINER INFORMATIONAL Notes: Roll off container company must be on City approved list(Advanced Disposal,Realco Recycling,Shapells,Inc.,Republic Services,Donovan Dumpsters, Phillips Containers,JDog/Dennis Junk Removal,All American Roll Off,WCA Waste Corporation). Container cannot be placed on City right-of-way. 4 PUBLIC WORKS RIGHT OF WAY RESTORATION INFORMATIONAL Notes: Full right-of-way restoration,including sod,is required. 5 PUBLIC WORKS MAXIMUM DRIVEWAY INFORMATIONAL Notes: Maximum driveway width within the City right-of-way is 20 feet. i 6 PUBLIC WORKS ADDITIONAL COMMENTS PUBLIC WORKS INFORMATIONAL Notes: Driveway cannot go through sidewalk. Pavers must be removed and concrete sidewalk must be added. Sidewalk must remain concrete. DESCRIPTION ACCOUNT QUANTITY PAID AMOUNT BUILDING PERMIT 455-0000-322-1000 0 105.00 BUILDING PLAN CHECK 455-0000-322-1001 0 52.50 PW REVIEW BUILDING MOD OR ROW 001-0000-329-1004 0 25.00 STATE DBPR SURCHARGE 455-0000-208-0700 0 5.59 STATE DCA SURCHARGE 455-0000-208-0600 0 3.73 WORK WITHOUT PERMIT 455-0000-322-1000 0 215.00 ZONING REVIEW SINGLE AND TWO FAMILY USES 001-0000-329-1003 0 50.00 TOTAL:$456.82 Issued Date:8/23/2019 2 of 2 Agenda Item #6.A. 05 Sep 2019 Page 271 of 304 Page 272 of 304 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER HOSTO MICHAEL D 2329 BAREFOOT TRCE ATLANTIC BEACH, FL 32233 VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES Sec. 19-7. Construction of driveways in rights-of- way. The construction of a new driveway in the city''s right-of-way, or the modification of an existing driveway in a right-of-way, shall require a construction permit within city rights-of-way and easements. Said permit shall be issued subject to the following requirements: (a) The proposed driveway shall not create more than fifty (50) percent impervious area within the right-of-way. (b) Any permit issued shall be a revocable encroachment permit if any nonstandard driveway materials (i.e., pavers) are installed in the right-of- way. If the city is required to do any utility or other work or repairs in a right-of-way which damages VIOLATIONS Description: driveway pavers without a permit Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: STOP WORK ORDER Opened: 12/13/2018 Closed: Last Action: 9/20/2019 Fllw Up: 9/20/2019 Site Address: 2329 BAREFOOT TRACE Atlantic Beach, Fl 32233 Site APN: 169463 0618 Officer: Angela Irizarry Details:Staff recommends Mr. Hosto be granted 30 days to have pavers in sidewalk area removed. If pavers are not removed and concrete restored within 30 days, staff recommends a fine of $250/day until the sidewalk is restored. Printed: Thursday, 29 August, 2019 1 of 5 CASE DETAILS Case Number 18-371 Agenda Item #6.A.05 Sep 2019Page 273 of 304 CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES STOP WORK ORDER POST Angela Irizarry 12/13/2018 12/13/2018 CHRONOLOGY DRIVEWAY CONSTRUCTION Angela Irizarry 1/2/2019 DRIVEWAY such nonstandard materials, the homeowner shall be responsible for repairs necessary to the materials. (c) Any construction within the city''s rights-of-way shall not adversely affect or restrict public parking in the rights-of-way. (d) No parking aprons shall be allowed in the city''s rights-of-way along arterial (through) streets listed in city Code subsection 21-17(h). (e) Any improvements in the city''s rights-of-way that are not part of a driveway or sidewalk shall be constructed of turf block or other pervious material. (f) Maximum driveway width at the property line and through the right-of- way shall be twenty (20) feet. Maximum driveway width for circular drives shall be twelve (12) feet, and circular drives shall only be permitted on lots having at least one hundred-foot frontage. (g) Maximum driveway width at the property line and through the right-of-way for duplexes on a fifty- foot lot shall be a combined width for both driveways of twenty-four (24) feet. (h) Driveways that cross sidewalks. City sidewalks may not be replaced with other materials, but must be replaced with smooth concrete left natural in color so that it matches the existing and adjoining sidewalks. Printed: Thursday, 29 August, 2019 2 of 5 CASE DETAILS Case Number 18-371 Agenda Item #6.A.05 Sep 2019Page 274 of 304 TELEPHONE CALL Angela Irizarry 12/17/2018 12/17/2018 Rcvd call from Mr. Hosto. He thought driveway was part of the permit that was issued for his remodel. Explained that driveways needed a separate permit. Explained that the driveway does not meet code and that the concrete sidewalk will have to be replaced. Verified that nothing was mentioned about the driveway in the remodel permit application. Tried to call back to let him know I double checked but the voicemail box was full. NOV CERT Angela Irizarry 1/2/2019 1/2/2019 TELEPHONE CALL Angela Irizarry 1/18/2019 1/18/2019 Rcvd call from Mr. Hosto stating that he is obtaining bids to have the section of sidewalk through his driveway restored to concrete. CMRR RETURNED FROM PO Angela Irizarry 2/7/2019 2/7/2019 TELEPHONE CALL Angela Irizarry 2/8/2019 2/8/2019 Spoke with Mr.Hosto, Contractor is about 30 days out and he will be coming out to put sidewalk back in. TELEPHONE CALL Angela Irizarry 3/13/2019 3/13/2019 Called Mr. Hosto and left message asking for update on status of permit application and sidewalk restoration. TELEPHONE MESSAGE Angela Irizarry 4/25/2019 4/25/2019 Left message for Michael Hosto to check on status. NOV CERT Angela Irizarry 5/3/2019 5/3/2019 CMRR STATUS UPDATE Angela Irizarry 5/8/2019 5/8/2019 Tracking Number: 70182290000101167902 Your item was delivered to an individual at the address at 2:34 pm on May 8, 2019 in ATLANTIC BEACH, FL 32233. Status Delivered May 8, 2019 at 2:34 pm Delivered, Left with Individual ATLANTIC BEACH, FL 32233 Printed: Thursday, 29 August, 2019 3 of 5 CASE DETAILS Case Number 18-371 Agenda Item #6.A.05 Sep 2019Page 275 of 304 TELEPHONE CALL Angela Irizarry 5/9/2019 5/9/2019 Mr. Hosto called in response to letter to ask what information is needed to apply for the permit. OTHER Angela Irizarry 5/9/2019 5/9/2019 Mrs. Hosto came into the office to pick up permit application. PERMIT APPLIED FOR Angela Irizarry 5/15/2019 5/15/2019 MISC NOTES/ACTION Angela Irizarry 7/15/2019 7/15/2019 Checked on permit status. It has been approved but not picked up. I called Michael Hosto. He is going on vacation for two weeks and will come in an get permit when he gets back. He does not have anyone lined up to do the job yet. NOTICE OF HEARING Lori Diaz 7/25/2019 7/25/2019 CMRR STATUS UPDATE Angela Irizarry 8/21/2019 8/22/2019 NOH has not been delivered per usps.com NOH POST AND AFF Angela Irizarry 8/22/2019 8/22/2019 TELEPHONE CALL Angela Irizarry 8/22/2019 8/22/2019 Received call from Mr. Hosto. He apologized for not taking care of this and stated he would get this resolved. PERMIT ISSUED/OBTAINED Angela Irizarry 8/23/2019 8/23/2019 Mr. Hosto paid permit fee and picked up approved permit. CODE ENFORCEMENT AGENDA Lori Diaz 8/29/2019 CODE ENFORCEMENT ORDER Angela Irizarry 9/17/2019 SCAN & UPLOAD EXECUTED ORDERS Lori Diaz 9/20/2019 INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES REINSPECTION AI 1/10/2019 1/18/2019 VIOLATION CONTINUES REINSPECTION AI 3/8/2019 3/13/2019 VIOLATION CONTINUES INSPECTIONS Printed: Thursday, 29 August, 2019 4 of 5 CASE DETAILS Case Number 18-371 Agenda Item #6.A.05 Sep 2019Page 276 of 304 REINSPECTION AI 4/22/2019 4/25/2019 VIOLATION CONTINUES Left Message for Michael Hosto. There has been no application submitted for the driveway and no action has been taken on returning the sidewalk to concrete. REINSPECTION AI 4/29/2019 4/29/2019 VIOLATION CONTINUES REINSPECTION AI 5/24/2019 Check to see if permit application was submitted. FINANCIAL INFORMATION Printed: Thursday, 29 August, 2019 5 of 5 CASE DETAILS Case Number 18-371 Agenda Item #6.A.05 Sep 2019Page 277 of 304 Page 278 of 304 i i-rf, CITY OF ATLANTIC BEACH ss, 800 SEMINOLE ROAD air/75 s ATLANTIC BEACH,FL 32233 PHONE (904) 247-5800 on 1/23/2019 REED DAVID E 10898 BRIDGES RD JACKSONVILLE, FL 32218 Real Estate Number: 170335 0000 Case Number: 19-031 Location of Violation: 812 OCEAN BLVD, 15-60 16-2S-29E .40 PARK TERRACE A S/D PT LOT 1, 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 are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6- 16. A code enforcement inspection at 812 OCEAN BLVD was conducted on 1/22/2019. 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: 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. NATURE OF VIOLATION: A pile of lumber and construction materials are being stored on the lot. Construction permits for this project have expired. This letter requests that the noted violation(s) be corrected by removing the wood pile and bricks from the lot 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 Board 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. Agenda Item #6.B. 05 Sep 2019 Page 279 of 304 I, i\•(A(g.(.. hereby swear and affirm that the above statement is true and accuittb. Sincerely, V\A‘ Angela Irizarry CODE ENFORCEMENT Agenda Item #6.B. 05 Sep 2019 Page 280 of 304 r,,,i j' CITY OF ATLANTIC BEACH y rs 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 4.) 7)1 v PHONE (904)247-5800 1.0f319 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7018 2290 0001 0116 7650 2/11/2019 REED DAVID E 10898 BRIDGES RD JACKSONVILLE, FL 32218 Real Estate Number: 170335 0000 Case Number: 19-031 Location of Violation: 812 OCEAN BLVD, 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 are made part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6- 16. A code enforcement inspection at 812 OCEAN BLVD was conducted on 1/22/2019. 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: 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. NATURE OF VIOLATION: A pile of lumber is being stored on the lot and construction materials are being stored on the lot. Construction permits have expired for this project. This letter requests that the noted violation(s) be corrected by removing the wood pile and bricks from the lot within five(5)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 Board 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. Agenda Item #6.B. 05 Sep 2019 Page 281 of 304 I, L—Lac( hereby swear and affirm that the above statement is true and accura Sincerely, ay\,99_. a Angela Irizarry CODE ENFORCEMENT Agenda Item #6.B. 05 Sep 2019 Page 282 of 304 7/16/2019 Property Appraiser-Property Details REED DAVID E+ Primary Site Address Official Record Book/Page Tile# 10898 BRIDGES RD 812 OCEAN BLVD 16089-01328 9416 JACKSONVILLE,FL 32218 Atlantic Beach FL 32233- 812 OCEAN BLVD Property Detail Value Summary RE# 170335-0000 Value Description 2018 Certified 2019 In Progress Tax District USD3 Value Method CAMA CAMA Property Use 0000 Vacant Res<20 Aaes Total Building Value $0.00 0.00 of Buildings 1 Extra Feature Value $0.00 0.00 Legal Desc. For full legal description see Land Value(Market) $980,100.00 980,100.00 Land&Legal section below Land Value(ft ) $0.00 0.00 i Subdivision 03111 PARK TERRACE Just(Market)Value $980,100.00 980,100.00 Total Area 17896 Assessed Value $743, 272.00 817,599.00 The sale of this property may result in higher property taxes.For more information go to Save Cap DIff/Pordbility Amt $236,828.00/$0.00 $162,501.00/$0.00 s Our Homes and our Property Tax Estimator.'In Progress'property values,exemptions and Exemptions $0.00 See below other supporting information on this page are part of the working tax roll and are subject to change.Certified values listed in the Value Summary are those certified in October,but may Taxable Value $743, 272.00 See below 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 No applicable exemptions No applicable exemptions No applicable exemptions Sales History : Book/Page I Sale Date I Sale Price I Deed Instrument Type Code Qualified/Unqualified I Vacant/Improved 16089-01328 9/28/2012 $750,000.00 I MS-Miscellaneous Unqualified i Improved 16059-01326 9/27/2012 $100.00 WD-Warranty Deed Unqualified I Improved 12137-02041 12/1/1999 $100.00 MS-Miscellaneous Unqualified Improved 10838-02379 12/27/2002 $295,000.00 WD-Warranty Deed Unqualified Improved 09686-00724 7/19/2000 $295,000.00 TD-Tax Deed Unqualified Improved 00774-00359 1/1/1899 0.00 Unknown Unqualified Improved Extra Features - No data found for this section Land&Legal Land Leal LN Code I Use Description I Zoning I Front I Depth I Category I Land Units I Land Type I Land Value I LN Legal Description 1 0100 I RES LD 3-7 UNITS PER AC I ARS-2 199.00 1178.00 I Common 199.00 I Front Footage I$980,100.00 I 1 15-60 16-2S-29E.40 I 2 PARK TERRACE A S/D PT I 3 LOT 1 Buildings . Building 1 Building 1 Site Address I Element I Code I Detail 812 OCEAN BLVD Unit Atlantic Beach FL 32233- Exterior Wall 12 12 Cedar/Redwood Exterior Wall 8 8 Horizontal Lap r iy Building Type 1 0111-SFR CLASS 3 Roof Struct 3 3 Gable or Hip i r` Year Built i 2019 Roofing Cover 12 12 Modular Metal br i .y il'Building Value I$0.00 Interior Wall 5 5 Drywall raj,ri Int Flooring 12 12 Hardwood Gross Heated I Effective Int Flooring 11 11 Cer Clay TileT_1!Pe Area Area Area Heating Fuel 4 4 Electric Finished upper 4443 4443 4221 Heating Type 4 4 Forced-Ducted story 1 Finished upper Air Cond 3 3 Central story 1 495 495 470 Finished Open 240 0 72 Element I Code I Detail Porch Baths 8.500 Finished Open 288 0 86 Bedrooms 8.000Porch FinishedStories 3.000Open Porch 138 0 41 Rooms/Units 1.000 Finished Open 324 0 97 Porch Finished Open 314 0 94 Porch Finished Open 140 0 42 https://paopropertysearch.coj.net/Basic/Detail.aspx?RE=1703350000 1/2 Agenda Item #6.B. 05 Sep 2019 Page 283 of 304 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD M?ATLANTIC BEACH,FL 32233 PHONE (904) 247-5800 POSTED ON PROPERTY AND ATLANTIC BEACH CITY HALL 7/16/2019 REED DAVID E 10898 BRIDGES RD JACKSONVILLE, FL 32218 Real Estate Number: 170335 0000 Case Number: 19-031 Location of Violation: 812 OCEAN BLVD, 15-60 16-2S-29E .40, PARK TERRACE A S/D PT, LOT 1 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 812 OCEAN BLVD was conducted on 7/15/2019. 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: 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. NATURE OF VIOLATION: A pile of lumber is being stored on the lot and construction materials are being stored on the lot. Construction permits have expired for this project. This letter requests that the noted violation(s) be corrected by removing the wood pile and bricks from the lot 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. Agenda Item #6.B. 05 Sep 2019 Page 284 of 304 I, aaf I hereby swear and affirm that the above statement is truefi , e.104,____1:1 and accurat 5 Sincerely, Angela Iriza CODE ENFORCEMENT Agenda Item #6.B. 05 Sep 2019 Page 285 of 304 j L:LyrJJ, CITY OF ATLANTIC BEACH it— I 800 SEMINOLE ROAD iii s ATLANTIC BEACH, FL 32233 0 PHONE (904) 247-5800 0;319' POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 19-031 Pursuant to Chapter 162, Florida Statutes and Sec. 2-147, City of Atlantic Beach City Code of Ordinances,I,Angela Irizarry, Code Enforcement Officer,City of Atlantic Beach, hereby affirm a Notice of Violation, a copy of which is attached, was mailed regular mail and was posted at the following locations: 1) Date Posted: t Co 1 t. at Location: 812 OCEAN BLVD, Atlantic Beach, Florida 2) Date Posted:t C..2 1 l Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 IP t _ a Angela Iriza , Code Enforcement County of Duval State of Florida The f egoing Affidavit was acknowledged before me this day of LAI 20 l' by Angela Irizarry,who is personally known to me as ode Enforcement for ihe City of Atlantic Beach. Person taking acknowledgement: Notary Stamp/Seal) iNota 'u• ic, State of Flori• • 1---H::N . — — LORI DIAZ f,. a, 1,4 MY COMMON t oG 276336 li. :No+aer 13.2022 av • K n D8ondenvutlobetdcllntkarli rs Agenda Item #6.B. 05 Sep 2019 Page 286 of 304 ti• a y, F 1 a R\111 r _ V l Cdr 07/16/2019 Agenda Item #6.B. 05 Sep 2019 Page 287 of 304 f 6 r C it It Wide gig gg r _ ti SA X.1 < oo A" d ryT1. f3 d. t k r sf 7 ' I 1 v'- w yo gilt 1. If if 11\'Flo L I t, t Agenda Item #6.B. 05 Sep 2019 Page 288 of 304 Iry Lam_ rsom 0 qyollor f Y 9. 3 1 qI. tA' ft yyp1 000fool a www IS 1' M +f ` 'i. om. IL of r.oht41 E-" F,. . r. .7or A'aa'wG ter, '•i C9.I ktCs F i. loll 4W -- lop, y n° le i ol It ol of 1 No r t • 1 , III a 7 r er _ - r <i a. < blo.; x F Y+,i 4 t Y..-17•i :.' 4 . K1 '•: k aim 4 1fi `i•- /1 \ ! tin9%1- `.'y i Y"•i4 a 3+y as F i• -i ^J' Q rr ° 1 '.i uirkµSL R . Yij K ' a\ 4+F Jh 4 . p..i i r } i' •any .. y< AITtM;i + 1k.Y\ f\ R Z p. 1 5 / .1 \, ,. s+w f i •g. d.. 1-1 i w+? VSs ' t. `, 7 i F loll,x• ; F'6 "fyLCa'oi ,f ll Y oA +,, G ' JI r f • 7 1p1 .j" rp"F'3' 1v ar. .r t ii y''l+'g",-r '• 3-. ' gitolooll,- 07/16/2019 Agenda Item #6.B.05 Sep 2019Page 289 of 304 1--4 i y A.....Tr' . If 1 ^1`aff, .{n Zs VI Y ti; twffi.N i If If 70, 1. "- f- e -,; W, r e 1 a x•' I 11. .f ay 1' . a Agenda Item #6.B. 05 Sep 2019 Page 290 of 304 PW ft t 6 J It AOW t t t t i t tREED DAVID F 19898 BRIDGES RD LA J4CKSO\-VILLE. FL 32218 OF ATI.AN 71C BE 800 Sr-''.IINr I, ROAD ATI.. ,r,TfO; BEACH, FL 32233 PHONE (90t) 247-5800 STED IP' PROPERTY i vfLANT BEACHCITY ALI 7/ 16/20'9 Real Estate `:umber. 170335 0000 Case Number: 19-031 Location of Violation: 812 OCEAN BLVD, 15-66 16 -2S -29E ,4f, PARK TERRACE A S/D PT, :.OT c Brash. Florida s D -- please be advised_ the City of Atlantic Beach Code of Ordinar.ces includes rules and :egulat+ns go%e inj- ° constnxtion activities and also tttaintenance standards for property within the r' 'Y. Tiles, ode and the Florida Bi. arng CosraAardsaresetforthintheInternationalPropertyMaintenanceCandwereadoptedaspartoftheCityofAtlanticBeachCodeofOrdinancesinChapterr,, Arfir . IL Section 6-16- A code enforcement inspection at 81.2 OCEAN BLVD was conducted on 7/15/2019. T1ofAtlanticBeachCadeEnforcementhasfoundyourpropertytobeinviolationoftheCityo. Atlantic Beach Code of Ordinances: VIOLATION CODE: 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 streetoraudghboringpropertyshallbemaintainedinanacceptablemanner, which shall be defined by thefollowingcharacteristics: 1 Lots are maintained free from litter, trash, debris, discarded belongings, automotive parts, old tires, construction materials, and broken and abandoned items. NATURE OF VIOLATION: A pile of lumber is being stored on the lot and construction materials are being stored on the )ot, Construction permits have expired for this project. This letter requests that the noted violation(s) be corrected by removing the wood pile and bricks from the lot v, ithin ten (10) dad s of the receipt of this notice. Thank von for your cooperation in this matter. Failure to correct the violation by the required date mayresuhinthiscasebeingreferredtotheCodeEnforcementSpecialMagistrateresultinginfinesuptotwohundredfiftydollars (S250.00) per day. Upon completion of the action required, it is your responsibilitytocomaetmeandarrangeforaninspectiontoverifycompliance. Please contact Atlantic Beach Code pifpKment at (9(A) 247-5855 if you have any questions or need additional information. Agenda Item #6.B. 05 Sep 2019 Page 291 of 304 vi ED j 77 Ito im,111p ire 5q: too LL. Agenda Item #6.B. 05 Sep 2019 Page 292 of 304 Page 1 of 2 S LAI* el CODE ENFORCEMENT4149W-Ak4 ti rs f K'.,,,..,_ CITY OF ATLANTIC BEACH, FLORIDA s) r NOTICE OF HEARING Ji3 7/26/2019 Case Number: 19-031 REED DAVID E Certified Mail Return Receipt: 10898 BRIDGES RD 7017 1000 0000 6991 1909 JACKSONVILLE, FL 32218 Property Address: 812 OCEAN BLVD 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 5, 2019 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 812 OCEAN BLVD, RE#170335 0000, 15-60 16-2S-29E .40, PARK TERRACE A S/D PT, LOT 1. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances Sec. 24-173. 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. STATEMENT OF CODE ENFORCEMENT OFFICER: On 7/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 812 OCEAN BLVD. 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: A pile of lumber is being stored on the lot and construction materials are being stored on the lot. Construction permits have expired for this project.. 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. Page 1 of 2 Agenda Item #6.B. 05 Sep 2019 Page 293 of 304 Page 2 of 2 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, WAC, hereby swear and affirm that the above statement is true and aate. Cl‘r\--6 Angela I Code Enforcem Officer ATTEST: J Lori Diaz, Records Clerk 41 U.S. Postal Service- CERTIFIED MAIL° RECEIPT E' Domestic Mail Only a- For delivery information,visit our website at www.usps.com' rl nx FFICiAL r 0- Certified Mail Fee Er $ Extra Services&Fees(check box add fee as appropriate) Return Receipt(hardcopy) $ Return Receipt(electronic) $ Postmark 0 Certified Mail Restricted Delivery $ Here im 0 Adult Signature Required $ Adult Signature Restricted Delivery$ Postage Total Postage and Fees rgN Sen i c=. / Suite and 7Vo., r ffo FU ^ N bity,state,2/P+46 PS Form 3800,April 2015 PSN 7530.02-000-9047 See Reverse for Instructions Page 2 of 2 Agenda Item #6.B. 05 Sep 2019 Page 294 of 304 immu, tLI S kit III 1i i, NEOPOST FIRST-cL4SS mAIL City of Atlantic Beach 800 Seminole Road Iil 011 111 07/26/2019 US POSTAGE$00 .80° Atlantic Beach, Florida 32233 4 ti Zi P 32233 7017 1000 0000 6991 1909 P_ 041M11299654 7/26/2019 Case Number: 19-k i N1.Ait 322 DE i 6008/22/19 REED DAVID E Certii RETURN 70 SENDER 10898 BRIDGES RD 7017 U N cL T I m E D FORWARD JACKSONVILLE, FL 32218 NABTc f t 1411t4i11411 i!iiiiiiif9,.i111 ! ! 11111 !1,1. 4#tt 322 I c` o , li•r .. !.., 1. ;: : n: !!. -e. ::..ls rI Agenda Item #6.B.05 Sep 2019Page 295 of 304 r;11..A.IrJv3 CITY OF ATLANTIC BEACH S'1800 SEMINOLE ROADa s)ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 4.1-01119';' NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 19-031 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: c6b__(1) Date Posted: C Location: 812 OCEAN BLVD,Atlantic Beach, Florida 1(2) Date Posted: t9 Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 qk A J Angela Ir./a , Code Enfo eme County of Duval State of Florida The foregoing Affidavit was acknowledged before me this, day of A 4j/J 9 cq 20 ! , 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 U' Notary Pu,lie, tate of F da LORI t IAz 1A-1!"t w cotaissoto ea 270336 4P?` miry P UAdmrdMs , Agenda Item #6.B. 05 Sep 2019 Page 296 of 304 0 1...A.krir, CODE ENFORCEMENT CITY OF ATLANTIC BEACH, FLORIDA 441; NOTICE OF HEARING 8/22/2019 Case Number: 19-031 REED DAVID E POSTED ON PROPERTY AND 10898 BRIDGES RD ATLANTIC BEACH CITY HALL JACKSONVILLE, FL 32218 Property Address: 812 OCEAN BLVD 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 5, 2019 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 812 OCEAN BLVD, RE#170335 0000, 15-60 16-2S-29E .40, PARK TERRACE A S/D PT, LOT 1. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City Code of Ordinances Sec. 24-173. 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. STATEMENT OF CODE ENFORCEMENT OFFICER: On 7/25/2019 the undersigned Code Enforcement Officer conducted an inspection of the premises located at 812 OCEAN BLVD. 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: A pile of lumber is being stored on the lot and construction materials are being stored on the lot. Construction permits have expired for this project. 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 Agenda Item #6.B. 05 Sep 2019 Page 297 of 304 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 -xpense. OlY1I, z..' s , hereby swear and affirm that the above statement is true and a ate. Angela Irizarry, Code Enforcement Officer, City of Atlantic Beach ATTEST: Lori Diaz, Records rk Agenda Item #6.B. 05 Sep 2019 Page 298 of 304 R irLlr 0 CITY OF ATLANTIC BEACHpt.„,,,, sA 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 1 PHONE (904)247-5800 NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 19-031 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: 9D- 167 Location: 812 OCEAN BLVD,Atlantic Beach, Florida 2) Date Posted: c Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 i---- \ 1 A ern. Angela Ira , Code Enfo emei 411b County of Duval State of Florida The foregoing Affidavit was acknowledged before me this day of 14 fid 20 j ,by Angela Irizarry,who is personally known to me as Code Enforcemenor the City of Atlantic Beach. I Person taking acknowledgement: Notary Stamp/Seal) G Notary Pu I tic, tate of F da LOW ova 1-"•;-,41c. voPeWcuiaawiws ; Agenda Item #6.B. 05 Sep 2019 Page 299 of 304 Page 300 of 304 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER REED DAVID E 10898 BRIDGES RD JACKSONVILLE, FL 32218 CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES NOV REG Angela Irizarry 1/23/2019 1/23/2019 CHRONOLOGY VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES Outside Storage Residential (173)Angela Irizarry 1/23/2019 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. VIOLATIONS Description: LUMBER STACKED ON LOT Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 1/23/2019 Closed: Last Action: 9/20/2019 Fllw Up: 9/20/2019 Site Address: 812 OCEAN BLVD ATLANTIC BEACH, FL 32233- Site APN: 170335 0000 Officer: Angela Irizarry Details:Staff recommends that the Respondent be found in compliance. Printed: Thursday, 29 August, 2019 1 of 4 CASE DETAILS Case Number 19-031 Agenda Item #6.B.05 Sep 2019Page 301 of 304 NOV CERT Angela Irizarry 2/11/2019 2/11/2019 CMRR STATUS UPDATE Angela Irizarry 3/6/2019 3/6/2019 February 14, 2019, 1:35 pm Held at Post Office, At Customer Request JACKSONVILLE, FL 32218 Your item is being held at the JACKSONVILLE, FL 32218 post office at 1:35 pm on February 14, 2019. This is at the request of the customer. February 13, 2019, 9:13 am Out for Delivery JACKSONVILLE, FL 32218 February 13, 2019, 9:03 am Sorting Complete JACKSONVILLE, FL 32218 February 13, 2019, 7:07 am Arrived at Unit JACKSONVILLE, FL 32218 February 13, 2019, 1:41 am Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER February 12, 2019, 7:38 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER NOV POST Angela Irizarry 7/16/2019 7/16/2019 NOTICE OF HEARING Lori Diaz 7/25/2019 7/26/2019 CMRR RETURNED FROM PO Angela Irizarry 8/21/2019 8/22/2019 Notice of Hearing returned by PO NOH POST AND AFF Angela Irizarry 8/22/2019 8/22/2019 CODE ENFORCEMENT AGENDA Lori Diaz 8/29/2019 CODE ENFORCEMENT ORDER Lori Diaz 9/17/2019 Printed: Thursday, 29 August, 2019 2 of 4 CASE DETAILS Case Number 19-031 Agenda Item #6.B.05 Sep 2019Page 302 of 304 SCAN & UPLOAD EXECUTED ORDERS Lori Diaz 9/20/2019 INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI 1/22/2019 1/22/2019 VIOLATION FOUND REINSPECTION AI 2/5/2019 2/11/2019 VIOLATION CONTINUES REINSPECTION AI 2/19/2019 2/19/2019 VIOLATION CONTINUES Certified letter has not been delivered yet. REINSPECTION AI 6/14/2019 7/15/2019 VIOLATION CONTINUES REINSPECTION AI 7/26/2019 7/26/2019 VIOLATION CONTINUES REINSPECTION AI 7/29/2019 7/29/2019 VIOLATION CORRECTED INSPECTIONS FINANCIAL INFORMATION Printed: Thursday, 29 August, 2019 3 of 4 CASE DETAILS Case Number 19-031 Agenda Item #6.B.05 Sep 2019Page 303 of 304 Printed: Thursday, 29 August, 2019 4 of 4 CASE DETAILS Case Number 19-031 Agenda Item #6.B.05 Sep 2019Page 304 of 304