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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
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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.
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The posting of this Placard by its contents shall serve as due notice.
•
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.
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.
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
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)
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.
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.
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(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
Sec 23-46. -Violations.
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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.
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(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.
0'-'1/2e, TREE REMOVAL CALCULATIONS
A City of Atlantic Beach
r o
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
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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) 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
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
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
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
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
, 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
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
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Io ❑Certified Mall Restricted Delivery $ Here
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p 0 Adult Signature Required $
0 Adult Signature Restricted Delivery$
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Lori Diaz, Records Clerk o $
Total Postage and Fees
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Box _ ���
0 Stre t and Apt.No.,or P No.
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City,State,ZIP+4+
PS Form 3800,April 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. Si.. • _
❑Age
• Print your name and address on the reverse X
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
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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
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ri c,.uo,..on Delivery Restricted Delivery 0 Signature Confirmation•"'
17 1000 6991 1,664 Mail 0 Signature Confirmation
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PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt
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
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
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
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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 .
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.
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.
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. mitigationV
Section 23-33 requires qires 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).
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
�,S wv,,i,,, MINUTES
l
toilx
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
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
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
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
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
4.7
ENDER: COMPLETE THIS SECTION COMPL ETE THIS SECTIONON DELIVERY
Ign,ture
■ Complete items 1,2,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, �, /1
or on the front if space permits. , 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
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.
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 Only
N
\� '� 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
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.
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) $ Postmark
❑Certified Mail Restricted Delivery $ Here
ci ❑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
�
CODE ENFORCEMENT
41.J
-, 1 CITY OF ATLANTIC BEACH, FLORIDA
•� 4 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.
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° RECEIPT
a(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
•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
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.
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,k0Llu
Lr —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
C. 1 • . ,O r • • i • r'L _ ' • • LI '`
•
• Complete items 1,2,and 3. A. Sq ji; l
Iwo.
• Print your name and address on the reverse X 2 ' fr e ' 0 Agent
so that we can return the card to you. 0 Addresse
• Attach this card to the back of the mailpiece, erred y(Pri . lli C. Date of Deliver
or on the front if space permits. (j�( • .CAK
1. Article Addressed to: D. Is delivery address. ,- I from item 1? 0 Yes
If YE mar delive dress below: ID No
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3. Service 1
3 Adult Signature 0 Priority Mail Express®
11111111111111111 II I I ❑Adult Signature eRestricted Delivery 00 Registered Man'
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❑Certified Mail Restricted Delivery 0 Return Receipt for
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2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation',
Mail 0 Signature Confirmation
7 017 1000 0000 6991 1817 Mall Restricted Delivery Restricted Delivery
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Irizarry,Angela
From: Broedell, Brian
Sent: Friday, August 30, 2019 1:32 PM
To: Irizarry,Angela
Subject: Bhatti-715 Seminole Road
Attachments: RECEIPT for half of mitigation.pdf;tree purchase receipt.pdf
Attached are Mr. Bhatti's mitigation payment into the tree fund and his receipt for the 30 inches of palm trees that he
will plant after the storm and with our input.
Brian Broedell
Planner
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(904)247-5822
bbroedell@coab.us
1
Cash Register Receipt Receipt Number
City of Atlantic Beach R10041
DESCRIPTION ACCOUNT QTY PAID
PermitTRAK $1,125.00
TREE19-0019 Address: 715 SEMINOLE RD APN: 170404 0000 $1,125.00
TREE MITIGATION $1,125.00
TREE MITIGATION 11200003660000 0 $1,125.00
TOTAL FEES PAID BY RECEIPT: R10041 $1,125.00
Date Paid: Friday, August 30, 2019
Paid By: BHATTI BABUR
Cashier: CB
Pay Method: CHECK 1004
Printed: Friday,August 30, 2019 11:57 AM 1 of 1
TRAI(,T
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12615 Ivylena Road•Jacksonville,FL 32225
904-221-0605
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t ‘Jr CODE ENFORCEMENT
.s .,, ‘
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
r�Jf31>�
9/27/2019 Case Number: 19-056
BHATTI BABUR Certified Mail Return Receipt:
715 SEMINOLE RD 70171000000069911589
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 November 7, 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.
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. Due to Hurricane Dorian, the September 5th hearing
was cancelled.
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.
(-1
I, Ql('LA , hereby swear and affirm that the above statement is
true and accurate.
U.S. Postal Service'
rr CERTIFIED MAIL° RECEIPT
Domestic Mail Only
co
• Ln
For delivery information,visit our website at www.usps.com`.
w.441111116.9 . ��r.ja .
ngela Iriz. 4 ode Enforceme lapicer r-9 t .Yrr
Er- Certified Mail Fee
LT' $
Extra Services&Fees(check box,add fee as appropriate)
O ❑Return Receipt(hardcopy) $
0 Return Receipt(electronic) $ Postmark
ci ❑Certified Mall Restricted Delivery $ __ Here
ATTEST: o 0 Adult Signature Required $
❑Adutt Signature Restricted Delivery$
O Postage
6\.) ( 1 Total Postage and Fees
N
sero
Lori Diaz, Records Clerk ou - 0 S
Stre and or O Box Aro.
r-
-city,State,ZIP+44
PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
+11
S 'rPage 1 of 2
S''i
VCITY OF ATLANTIC BEACH, FLORIDA
u ' ii
NOTICE OF HEARING
r Ri!P
9/27/2019
Case Number: 19-056
LUCAS TREE SERVICE Certified Mail Return Receipt:
205 EDGAR STREET SUITE 11 70171000000069911916
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
November 7, 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
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 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. Due to Hurricane Dorian, the September 5th hearing
was cancelled.
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, ct a \2�,f I' -( , hereby swear and affirm that the above statement is
true and a�ccate.
\ U.S. Postal Servicee'
CERTIFIED MAIL° RECEIPT
9ria
t Domestic Mail Only
Angela Iri , Code Enforc O . a n'
For delivery information,visit our website at www.usps cor .
Q- Certified Mail Fee
ATTEST: .- Extra Services&Fees(check box,add fee as appropriate)
• ❑Return Receipt(hardcopy) $
. 0 Return Receipt(electronic) $ Postmark
DEi
0 Certified Mai Restricted Delivery $ Here
��- W/ 0 Adult Signature Required $
0 Adutt Signature Restricted Delivery$
O
O Postage
Lori Diaz, Records Clerk E $
0 Total Postage and Fees
rNa vii„ `Sent 76 { , S 1 C1 Q-&
p -street N'rril'Apt.No.,or AO Box No.
N
City,State,ZIP+44
PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
o • City of Atlantic Beach '4OPOST
PO
4,1 + , 800 Seminole Road alt 7Q019m. Q
44.0.--;:m4 7 Atlantic Beach, Florida 32233 .. LI+'�r_TH4$006.80-
7017 1000 0000 6991 DP 32233
041M11299654
Case Number: 19 r 1J
:.z , ,...... .-1Z—L DE i ilit;',/:11-1/.1..
LUCAS TREE SERVICE Cei RE TURN TO SENDER
205 EDGAR STREET SUITE 11 701 VACAN T
ATLANTIC BEACH, FL 32233 UNABLE TO FOR WARD
n_YAC BC: 3'2233546199 * 163B_882/4-.27- 41.
aI1I 1 ,ii,;ii,,,,i1l,Iil,I,i;is ;i,1 a ji 6r .� r.'i_e,
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r•� ,� CITY OF ATLANTIC BEACH
sA 800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
`5 �r PHONE (904) 247-5800
NOH POSTING AFFIDAVIT AND
PROOF OF MAILING REGULAR MAIL
Case Number: 19-056
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: kaI ac I1 19
Location: 715 SEMINOLE RD,Atlantic Beach, Florida
(2) Date Posted: 0 )9
Location: ATLANTIC BEACH CITY HALL
800 SEMINOLE ROAD
ATLAN y BE - FL A
Angela Iriza , Code EnfoaFi ent
County of Duval
State of Florida
The f regoing Affidavit was acknowledged before me this 2/3day of �� �
20 /1 , by Angela Irizarry,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 Flo ' a
— —--- -
LORIOIAZ
J-_ 76336 1
t tart
.•:ya....' Bonded11rulidapPuBicUnden" '► 1
l!.:'`Jr CODE ENFORCEMENT
�. `' CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
10/25/2019 Case Number: 19-056
BHATTI BABUR POSTED ON PROPERTY AND
715 SEMINOLE RD ATLANTIC BEACH CITY HALL
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 November 7, 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.
ec. 23-23. Permits procedures. (a) (3) After-the-fact permits. Any person(s) engaging in the removal of
egulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and
btain 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. Due to Hurricane Dorian, the September 5th hearing
was cancelled.
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.
1\
I, ‘ \,�-s 0,-__ �1 --2 CAr c ,hereby swear and affirm that the above statement is
true andacrate.
I � o i-r�_
• ngela MI, Code Enforcement •ffi:40111PF
AT PEST:
I L '
L ri D , ecords Clerk
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH,FL 32233
PHONE (904)247-5800
NOH POSTING AFFIDAVIT AND
PROOF OF MAILING REGULAR MAIL
Case Number: 19-056
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: 0
Location: 205 EDGAR STREET STE 11,Atlantic Beach, Florida
(2) Date Posted: 'p I ZS 1
Location: ATLANTIC BEACH CITY HALL
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 3 33
• �gela Ir' . rry, ode Enfo em•nt 411
County of Duval
State of Florida J�s ,�
The f9regoing Affidavit was acknowledged before me this 2S day of V ?,_
20 I T, by Angela Irizarry,who is personally known to me as Code Enforcement for the City of
Atlantic Beach.
Person taking acknowledgement:
(Notary Stamp/Seal) '
Notary Public, tateA0 rida
�Lry ,*�j �- Page 1 of 2
�so CODE ENFORCMENT
CITY OF ATLANTIC BEACH, FLORIDA
.._ J13Sr-fs' NOTICE OF HEARING
10/25/2019
Case Number: 19-056
LUCAS TREE SERVICE POSTED ON PROPERTY AND
205 EDGAR STREET SUITE 11 ATLANTIC BEACH CITY HALL
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
November 7, 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.
Page 2 of 2
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.
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. Due to Hurricane Dorian, the September 5th hearing
was cancelled.
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\-\sec:\ _____ Sa, c2ur A , hereby swear and affirm that the above statement is
true and accdrate.
1 4111P.N4009 IIIIP
q-gela Iriz•.''NN Code Enforce nt •fficer •
41
0
ATEST:
Lori Diaz, Records Clerk
Irizarry,Angela
From: Broedell, Brian
Sent: Thursday, November 7, 2019 9:59 AM
To: Irizarry,Angela
Subject: 715 Seminole is Finaled
Angela,
715 Seminole is approved and finaled, they don't need to do anything else.
Brian Broedell
Planner
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(904)247-5822
bbroedell@coab.us
1
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�. CITY OF ATLANTIC BEACH
,, ;1 800 SEMINOLE ROAD
Ti) ATLANTIC BEACH, FL 32233
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cPHONE (904)247-5800
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AFFIDAVIT OF COMPLIANCE
I, Angela Irizarry, Code Enforcement Officer for the City of Atlantic Beach Code Enforcement
Division, verify that the property referenced below was inspected on 11/7/2019 and is now in
compliance:
CASE NUMBER: 19-056
PROPERTY ADDRESS: 715 SEMINOLE RD
REAL ESTATE NUMBER: 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
OWNER OF RECORD WHOSE NAME AND MAILING ADDRESS IS:
BHATTI BABUR
715 SEMINOLE RD
ATLANTIC BEACH, FL 32233
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Date Signatu
COUNTY OF DUVAL
STATE OF FLORIDALOI,
7ATLANTCO Iv erle , a Notary Public of the County and State aforesaid,
her y certify that Angela Karry, personally 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 0 day of Nevem 6e&, 07O/?? .
I4417.44;\.
YVONNE C LVERLEY
•, MY COMMISSION B FF 976637 Ffr / /
'z • = EXPIR007//M-e__ES:July 29,2007//M-e__ d rL
s.' P�!'`.•• Bonded 1 ru*ivy Public Un w1Ws
o :ry Public, S ,to of Florida
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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:
Atlantic Beach, Florida 32233 7017 1000 0000 7000 2634
and
First Class and Certified Mail Return Receipt
Lucas Tree Service Requested:
205 Edgar Street, Suite 11 7017 1000 0000 7000 2641
Atlantic Beadch, Florida 32233
Respondent. Property Address: 715 Seminole Road
Atlantic Beach, FL 32233
CASE NUMBER: 19-056
REAL ESTATE NUMBER: 170404 0000
LEGAL DESCRIPTION: 10-16 16-2S-29E, SALTAIR SEC3, 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 the Code Enforcement Special Magistrate on November
7, 2019, and the Special Magistrate having heard testimony under oath, received evidence, and heard
arguments respective to all appropriate matters, issues Findings of Fact, Conclusions of Law, and
Orders as follows:
FINDINGS OF FACT
1. Respondent Babur owns the property located at 715 Seminole Road, Atlantic Beach,
Florida.
2. Notice of the hearing was sent by Certified Mail.
3. Representative for Respondents appeared at the hearing.
4. On July 29, 2019, the Special Magistrate executed an order deferring the matter until the
next code enforcement hearing pending Respondents' appeal of the tree mitigation
requirements to the Community Development Board.
5. The Community Development Board granted Respondents' appeal and did not impose
additional mitigation requirements beyond what had been performed prior to the hearing.
CONCLUSIONS OF LAW
6. Due to the ruling of the Community Development Board, the evidence does not support the
imposition of a fine.
ORDER
7. 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 no fines shall be levied for the violations identified in the above-referenced case
numbers.
DONE AND ORDERED THIS 27 DAY OF NOVEMBER 2019.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGIS IRATE
A ST:
WI 1614
Lori Diaz, Deputy City Jeb/Branham, Special Magistrate
Executed this 27 day of November, 2019.
PLEASE NOTE: Florida Statutes § 162.11, states that an appeal of this order shall be filed in circuit
court within thirty (30) days of this order's execution.
2
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i S NEOPOST FIRST-;LASS MAIL.
i 800 Seminole Road 12/02/2019nnG Q
'41, Atlantic Beach, Florida 32233 US POSTAGE$006.80°
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Lucas Tree Service
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205 Edgar Street, Suite 11
Atlantic Beach, FL 32233
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NIXIE 322 DE 1 0001/17/20
RETURN TO SENDER
UNCLAIMED
UNABLE TO FORWARD
UNC 3C: 32233546199 * 0987 - 03283 -17- 19
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•ENDER: COMPLETE THIS S:, TION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3. A. SigOP
• Print your name and address',n the reverse X ❑Agent
so that we can return the caroto you. ❑Addressee
-eceivediby(- nted Name) C. e• 8,-li
• Attach this card to the back di the mailpiece, r �I ..
or on the front if space permit. k J I' II . i'„
1. Article Addressed to: D. Is delivery ad.ess d erent from item 1? 0 Yes
If YES,enter delivery address below: ❑ No
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I L I I III 111111 I I I I 11 I 111111 3. Service Type
0 Adult Signature 0 Priority Mail Express®
0 Registered Mail''*
❑Adult Signature Restricted Delivery 0 Registered Mail Restricte
9590 9402 2997 7094 0504 08 0 Certified Mail® Delivery
❑certified Mail Restricted Delivery 0 Return Receipt for
❑Collect on Delivery Merchandise
El rnisz,r on Delivery Restricted Delivery 0 Signature Confirmation'',
7017 10 0 0 7000 2634 Mail
0 Signature Confirmation
Mail Restricted Delivery Restricted Delivery
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