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CE 198 Poinsettia SM meeting 3-5-2020 CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner vs. Property Address: 196 & 198 Poinsettia Street Atlantic Beach, FL Andrew Stelzmann First Class and Certified Mail Return Receipt 196 Poinsettia Street Requested: Atlantic Beach, FL 32233 7017 1000 0000 7000 2931 and Wells Fargo Home Mortgate First Class and Certified Mail Return Receipt Attn: Property Preservation _' Requested: 1 Home Campus 7017 1000 0000 7000 2900 Des Moines, IA 5032 Respondents. - ~ ' � l CASE NUMBER: 14-00000980 3/4 REAL ESTATE NUMBER: 170630-0510 LEGAL DESCRIPTION: 10-16 21-2S-29E, SALTAIR SEC 3, NORTH HALF OF LOT 684, ATLANTIC BEACH, FL ORDER IMPOSING FINE ON CASE No. 14-00000980 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on January 9, 2020, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders as follows: FINDINGS OF FACT 1. Notice of this hearing was sent by Certified Mailing to Respondents. 2. Respondent Wells Fargo did not appear at the hearing. 3. The only issues brought before the Magistrate for consideration at this hearing was the entry of an order that could also serve as a lien for fines imposed under a previously-entered order in this matter. 4. This matter was previously heard on October 31, 2019 and reheard on December 2, 2019. 5. The Order on Case No. 14-00000980 resulting from the October 31 hearing was executed on November 4, 2019. 6. The Order on Wells Fargo's Rehearing of Case No. 14-00000980 was executed on December 5, 2019. 7. Both orders control this matter. The December 5 Order is in full force and effect, as is the November 4 Order except as modified by the December 5 Order. 8. Daily fines of$125 per day began accruing on Wells Fargo's 198 Poinsettia property on November 26, 2019. 9. The December 5 Order required Wells Fargo to submit a plan for permanent code compliance by December 31, 2019 or incur daily fines of an additional $250 per day. 10.Wells Fargo had not submitted a plan for permanent code compliance as of the January 9, 2020. 11.Respondent Wells Fargo's attorney objected to not being personally notified of the hearing. 12.At the time of the hearing, Wells Fargo did not have any pending requests for relief pertaining to this matter. 13. Well Fargo's only objection to the lack of notice given to its attorney pertained to a possible request it might make in the future for a reduction of the fine. CONCLUSIONS OF LAW 14.Neither state law nor Atlantic Beach's code of ordinances requires notices of hearings to be sent to property owner's attorneys. 15. Even if a property owner's lawyer should be notified of a hearing, Wells Fargo did not have any objections that pertained to the accrual of fines for its non-compliance with orders that had already been entered. 16.Nothing precludes Wells Fargo from making a request for a reduction in fines at some point in the future. 17.Fines of$125 per day began accruing against Wells Fargo's property at 198 Poinsettia on November 26, 2019 and continue to accrue on a daily basis until such time as Wells Fargo submits a plan for temporary shoring and bracing or code compliance is otherwise achieved. 18.Additional fines of $250 per day began accruing against Wells Fargo's property at 198 Poinsettia on December 31, 2019 and continue to accrue on a daily basis until such time as Wells Fargo submits a plan for permanent code compliance or code compliance is otherwise achieved. 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: 19. Respondent Wells Fargo is found in violation for non-compliance with the code enforcement orders executed on November 4,2019 and December 5,2019 and failed to obtain compliance on or before November 26, 2019 and December 31, 2019. 20. The Special Magistrate orders that a fine of$125 per day for the first day and$125 for every day thereafter while the violation continues to exist be imposed commencing on the first day, November 26, 2019. 21. The Special Magistrate further orders that a fine of$250 per day for the first day and $250 for every day thereafter while the violation continues to exist be imposed commencing on the first day, December 31, 2019 22. In addition, fines shall include the administrative costs to the City incurred in prosecuting this case, which costs shall include outside engineers, architects, and consultants related to the city's own efforts to bring the property into compliance of abate the nuisance at 198 Poinsettia. 2 23. Respondent Wells Fargo is responsible for contacting the City of Atlantic Beach Code Enforcement Officer and obtaining an inspection of compliance. 24. Failure to pay all accumulated fines will result in a lien being placed against the property at 198 POINSETTIA, PARCEL NO. 170636-0510, LEGAL DESCRIPTION 10-16 21-2S- 29E, SALTAIR SEC 3, NORTH HALF OF LOT 684, ATLANTIC BEACH, FL for the total assessment plus costs incurred for the filing of the lien. All lien amounts are to be made payable at an interest rate of 10%per annum from date of certification until paid. DONE AND ORDERED THIS 31 DAY OF JANUARY, 2020. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: /s/Jeb Branham Lori Diaz, Deputy Ci ! erk Jeb T. Branham, Special Magistrate Executed this 31 day of January, 2020. PLEASE NOTE: Florida Statutes § 162.11, states that an appeal of this order shall be filed in circuit court within thirty (30) days of this order's execution. U.S. Postal Service' TM CERTIFIED MAIL® RECEIPT U.S. Postal Service ° Domestic Mail onry CERTIFIED MAIL RECEIPT tr. For delivery information,visit our website at www.usps.com . m Domestic information,visit our website at vommus s.com . D D Certified Mail Fee niiiiiM1111111" Extra Services&Fees(check box,add fee as appropriate) D D 0 Return Receipt(hardcopy) $ r" Extra Services&Fees(check box,add tee as approPdate) D ❑Return Receipt(electronic) $ Postmark ❑Return Receipt(hardcnPY) $ postmark im ❑Certified Mail Restricted Delivery $ Here D 0 Return Receipt(electronic) $�— Here ❑Adult Signature Required $ 173 ❑Certified Mail Restricted Delivery $�— ❑Adult Signature Restricted Delivery$ C210 Adult Signature Required $ D Postage D ❑Adult signature Restricted Delivery$rl .----- $ 111111111111111111111111111 Total Postage and Feesrg D N Sent To a delis fang° 11-1-000009O a i�r—000c 8__a-___--- D r San`T°dr l� S-�Ql_ ___Yv?__._Y1� Street and-Apt.No.,or Frb Box No. � � � D treat and Apt.No.,or PO ox No. City,State,ZIP+4e N City,State,ZIP+4e PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions rll 2015 PSN 7530-02-000-9047 See Reverse for Instructions 3 PS Form 3800,Ap •ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse 0 Agent so that we can return the card to you. � / ■ Addressee • Attach this card to the back of the mailpiece, °• Received by(Prin d N e) C. Date of Delivery or on the front if space permits. I. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No Andre LA) tli, e IZ o ,n✓1 i4- 000Ooci8o CE III I I I III 111111111111 11111111111111111 111 3. Service Type ❑Priority Mail Express® El Adult Signature 0 Registered Mall'," 0 Adult Signature Restricted Delivery 0 Registered Mail Aesthete 9590 9402 4495 8248 3532 16 0 Certified Mail® Delivery 0 Certified Mall Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise ?. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 0 Signature ConfirmationT^ -fail 0 Signature Confirmation 7 017 1000 0000 7000 2931 f�itflestricted Delivery Restricted Delivery 3er......QQ11 r..i.,onicoeei,cnnnnnnn-nnaa nr,,,,oc+;-Patin,Runoins . 1I COM'L HIS S C ION •r' • •' •1 •" • ■ Complete items 1,2,and 3. A. Signatu v� II Print your name and address on the reverse X 1• ent so that we can return the card to you. 0 Addressee ■ Attach this card to the back of the mailpiece, B. Receiv-• by(Printed Name) . Date of Delivery or on the front if space permits. Ilk 6 i . '— a/`i.0 0 I. Article Addressed to: D. Is delivery.ddress•' 1.*tom, 0 'es If YES,enter deeiv •, =3`s•-.•: 0 No We-U s - a_r50 `�Pa 14 __000009 So 0 �i ,, o I'I' ISI II I I IIII IIII II III I I I( 0 dul Signatu e�e t ❑e very Regrisi isteredlMail Restri to 9590 9402 4495 8248 3532 09 0 Certified Mail® C Delivery 0 Certified Mail Restricted De' 0 Return Receipt for 0 Collect on Delivery Merchandise ?_ Article Number(Transfer from service label) 0 Collect on Deily estricted DeHvery 0 Signature Conflrmatlonr" n i„.„roe Mai ❑Signature Confirmation 7 017 1000 0000 7000 2900 oil Restricted Delivery Restricted Delivery ) )S Fnrm I 11 .11 du'9ni R P PJ 7san_no_nnn_ansa r)nmectin Return Reneint N IA A CITY OF ATLANTIC BEACH s) 800 SEMINOLE ROAD =J'`< = ATLANTIC BEACH, FL 32233 (904) 247-5800 \44.-)1319� US MAIL CERTIFIED MAIL RETURN RECEIPT REQUESTED 7018 2290 0001 0116 8435 /7018 2290 0001 0116 8442 NOTICE OF HEARING February 3, 2020 Mr. Andrew Stelzmann 158 Poinsettia Street Atlantic Beach, Florida, 32233 Wells Fargo Home Mortgage Attention: Property Preservation X2303-048 1 Home Campus Des Moines, IA 50328 Re: Two-unit Structure 196 and 198 Poinsettia Atlantic Beach, Florida, 32233 Real Estate Number: 170636 0500 and 170636 0510 Case Number: 14-00000980 Location of Violation: 196 and 198 POINSETTIA ST, 10-16 21-2S-29E, SALTAIR SEC 3, Both halfs of LOT 684 Atlantic Beach, Florida Dear Mr. Stelzmann and Ms. Snook, Our records indicate that you are the owners of the above referenced property. 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. STATEMENT OF CODE ENFORCMENT OFFICER: On January 31, 2020, Mr. Andrew Stelzmanna and Mr. Andrew Pekoe, counsel for Wells Fargo attended voluntary mediation at City of Atlantic Beach City Hall. A settlement was agreed upon by both parties. On February 3, 2020 a Quit Claim deed was executed from Mr. Stelzmann to Wells Fargo for his property at 196 Poinsettia and Mr. Stelzmann has agreed to vacate the 1 property no later than February 9, 2020. Wells Fargo intends to demolish the entire structure once the property has been vacated. Fines have been accruing on the property as a result of the banks failure to submit plans for temporary shoring and plans for permanent compliance by the required deadlines. The City Manager agreed to request a release of the fines on the property from the Special Magistrate. CODE PROVISIONS IPMC, Section 108.1.1. An unsafe structure is one that is found to be dangerous to the life, health, property, or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. IPMC, Section 109 Emergency Measures. 109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official."It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. IPMC, Section 110.1 General. The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure, which in the code official's or owner's authorized agent judgment after reivew is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove at the owner's option; or where there has been a sessation of normal construction of any structure for a period of more than two years, the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyone one year, unless approved by the building official. NOTICE OF HEARING You are hereby notified and ordered to appear at the public hearing of the Code Enforcement Special Magistrate on March 5, 2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard. 2 You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904)247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. A- to,arz\-zacc,.\hereby swear and affirm that the above statements are true and accurate. Angela agir--6 Code Enforcement Officer City of Atlantic Beach (904) 247-5855 aIrizarry@coab.us ATTEST: . F1 , i 110 Lor; .b1 (12- , Deputy City Clerk cc: Brianna Snook Brianna.N.Snook@wellsfargo.com Andrew Stelzmann 196 Poinsettia Atlantic Beach, FL 32233 � unn RCCP,I 9eoues-EeA u s Pka.►1 Cort-i P ed V\a' 7 Oi 1 1 0 D 0000 r700O 3\-N 3 •ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature s6 i •1 ■ Print your name and address on the reverseX • Agent SO t we can return the card to you. �„F - n 4,""'GSA' ■ Attach this card to the back of the mailpiece, B. Received ,i�-r'`t _ fln_ or on the front if space permits. $ �.�Lelit 1. Article Addressed to: D. Is delivery address diffe . ,. -.. if Y fe`t very address u . 0 No Wells--Fa r-_ }}orne Mart" . .0 a ., CE II II I'I1111111 1111111 I II I 111I III 3.0 Service e0 Express® RegisteredadulSignatureRestricted Delivery 0 Registered Mail 9590 9402 4495 8248 3529 29 00 Certified Mail® Delivery Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service labnll 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation* Nail 0 Signature Confirmation 7 018 2290 0001 0116 8442 Oj l Restricted Delivery Restricted Delivery DR Form AR-11_.luly 9015 PSN mnn-rp-nnn-gnsn Domestic Return Receini %'i''L‘J-ri J�` jCITY OF ATLANTIC BEACH Jam` : �p.�� sA 800 SEMINOLE ROAD r' ATLANTIC BEACH, FL 32233 �~ PHONE (904) 247-5800 NOH POSTING AFFIDAVIT AND PROOF OF MAILING REGULAR MAIL Case Number: 14-00000980 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: a_'at. 2C' 2cD Location: 198 POINSETTIA ST,Atlantic Beach, Florida (2) Date Posted: 12-1, 1 2-02.0 Location: ATLANTIC BEACH CITY HALL 800 SEMINOLE ROAD ATLA BEACH, FL 32233 0 % \II 11 - , _ela Iriza 4 , Co•e Enforc• 1 1 ent . County of Duval State of Florida rThittCfr The foregoing Affidavit was acknowledged before me this 2 / day of 20 �, by Angela Irizarry,who is personally known to me as Code Enforcement for the C of Atlantic Beach. Person taking acknowledgement: ' (Notary Stamp/Seal) I 11 1 a Nota Publ , State of Flori s a aa`, fi'. o i(I(3 276336 1 - :�: November 13,2022 4 . � prblcllndeive� • eedlhetiodrli Li I s, CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD J.� ATLANTIC BEACH,FL 32233 \ (904)247-5800 \11_______)31 9f POSTED AT 158 POINSETTIA AND CITY HALL NOTICE OF HEARING • 2/21/2020 Mr. Andrew Stelzmann 158 Poinsettia Street Atlantic Beach, Florida, 32233 Wells Fargo Home Mortgage Attention: Property Preservation X2303-048 1 Home Campus Des Moines, IA 50328 Re: Two-unit Structure 196 and 198 Poinsettia Atlantic Beach, Florida, 32233 Real Estate Number: 170636 0500 and 170636 0510 Case Number: 14-00000980 Location of Violation: 196 and 198 POINSETTIA ST, 10-16 21-2S-29E, SALTAIR SEC 3, Both halfs of LOT 684 Atlantic Beach, Florida Dear Mr. Stelzmann and Ms. Snook, Our records indicate that you are the owners of the above referenced property. 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. 1 CODE PROVISIONS IPMC, Section 108.1.1. An unsafe structure is one that is found to be dangerous to the life,health,property, or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation,that partial or complete collapse is possible. IPMC, Section 109 Emergency Measures. 109.1 Imminent danger. When, in the opinion of the code official,there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment,the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. IPMC, Section 110.1 General. The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure,which in the code official's or owner's authorized agent judgment after reivew is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure,to demolish and remove at the owner's option; or where there has been a sessation of normal construction of any structure for a period of more than two years,the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyone one year, unless approved by the building official. STATEMENT OF CODE ENFORCMENT OFFICER: On January 31, 2020, Mr. Andy Stelzmanna and Mr. Andrew Pekow, counsel for Wells Fargo attended voluntary mediation at City of Atlantic Beach City Hall. A settlement was agreed upon by both parties. On February 3,2020 a Quit Claim deed was executed from Mr. Stelzmann to Wells Fargo for his property at 196 Poinsettia and Mr. Stezmann has agreed to vacate the property no later than February 9, 2020. Wells Fargo intends to demolish the entire structure once the property has been vacated. Fines have been accruing on the property as a result of the banks failure to submit plans for temporary shoring and plans for permanent compliance by the required deadlines. The City Manager agreed to request a release of the fines on the property from the Special Magistrate. NOTICE OF HEARING You are hereby notified and ordered to appear at the public hearing of the Code Enforcement Special Magistrate on March 5,2020 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard. 2 You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure,please contact the City Clerk's office within five days of the receipt of this notice at(904)247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event of an appeal should be secured at your expense. I,PrTheick ?Ctiteltily swear and411 • affirm that the above statements are true and accurate. )1 I 11 • �• J gela Iri '� • Code Enfo •- • ent Officer • City of Atlantic Beach (904)247-5855 airizarry@coab.us ATTEST: • r 11 Lori Diaz, Deputy Ci Ark 3 Irizarry,Angela From: Jon Pfotenhauer <jon@elev8jax.com> Sent: Friday, February 7, 2020 4:02 PM To: Irizarry,Angela Cc: Ben Pfotenhauer Subject: Signed Permit Document Attachments: 198 Poinsettia Permits.pdf Angela -- they got it done ! See attached. Look forward to seeing you next week and getting this knocked out (finally! ) . Jon Pfotenhauer (904) 441-8745 ELEV8Jax.corn 1 DEMO PERMIT PERMIT NUMBER CITY OF ATLANTIC BEACH DEM020-0005 3r ISSUED: 2/14/2020 Jji,� 800 SEMINOLE ROAD EXPIRES: 8/12/2020 ATLANTIC BEACH, FL 32233 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: 198 POINSETTIA ST DEMO COMPLETE TOWNHOUSE DEMO $7500.00 } TYPE OF REAL ESTATE j ZONING: BUILDING USE SUBDIVISION: CONSTRUCTION: NUMBER: GROUP: 170636 0510 SALTAIR SEC 03 COMPANY: ADDRESS: CITY: STATE: ZIP: ELEV8 LAND CLEARING & 745 PLAZA JACKSONVILLE FL 32233 DEMOLITION OWNER: ADDRESS: CITY: I STATE: ZIP: WELLS FARGO BANK N A C/O WELLS FARGO HOME EQUITY DES MOINES IA 50328-0001 GROUP WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. LIST OF CONDITIONS Roll off container company must be on City approved list . Container cannot be placed on City right-of-way. 1 PUBLIC WORKS EROSION CONTROL INSTALLATION INFORMATIONAL Notes: Full erosion control measures must be installed and approved prior to beginning any earth disturbing activities. Contact the Inspection Line(904-247- 5814)to request an Erosion and Sediment Control Inspection prior to start of construction. 2 PUBLIC WORKS ON SITE RUNOFF INFORMATIONAL Notes: All runoff must remain on-site during construction. Issued Date: 2/14/2020 1 of 3 DEMO PERMIT PERMIT NUMBER CITY OF ATLANTIC BEACH DEMO20-0005 800 SEMINOLE ROAD ISSUED: 2/14/2020 ATLANTIC BEACH. FL 32233 EXPIRES: 8/12/2020 3 i PUBLIC WORKS ROLL OFF CONTAINER INFORMATIONAL Notes: Roll off container company must be on City approved list. Approved list can be obtained at the Building Department at City Hall. Roll off container cannot be placed on City right-of-way. 4 PUBLIC WORKS RIGHT OF WAY RESTORATION INFORMATIONAL Notes: Full right-of-way restoration,including sod,is required. 5 PUBLIC WORKS RUNOFF INFORMATIONAL Notes: All runoff must remain on-site. Cannot raise lot elevation. 6 PUBLIC WORKS DOCUMENT IMPERVIOUS AREA INFORMATIONAL Notes: Strongly suggest thorough documentation of impervious areas be recorded. 7 PUBLIC WORKS SLAB DRIVEWAY REMOVAL INFORMATIONAL Notes: Slab and driveway to be fully removed. 8 PUBLIC WORKS DECKING REMOVED INFORMATIONAL Notes: All old decking and debris must be removed from job site by Contractor. 9 PUBLIC WORKS INFRASTRUCTURE INFORMATIONAL Notes: Any damage done to infrastructure must be repaired by Contractor. 10 PUBLIC UTILITIES UNDERGROUND WATER SEWER UTILITIES INFORMATIONAL Notes: Avoid damage to underground water and sewer utilities. Verify vertical and horizontal location of utilities. Hand dig if necessary. If field coordination is needed,call 247-5878. 11 PUBLIC UTILITIES DISCONNECT AND CAP INFORMATIONAL Notes: Disconnect and cap water and sewer lines. 12 PUBLIC UTILITIES INSPECTION PRIOR TO DEMOLITION INFORMATIONAL Notes: MUST CALL the Inspection Line at 247-5814 to request an inspection of the disconnected and capped water and sewer lines prior to demolition. FEES DESCRIPTION ACCOUNT QUANTITY PAID AMOUNT DEMOLITION 455-0000-322-1000 0 $100.00 PW REVIEW BUILDING MOD OR ROW 001-0000-329-1004 0 $25.00 STATE DBPR SURCHARGE 455-0000-208-0700 0 $2.00 Issued Date:2/14/2020 2 of 3 ,, --.p.irt, DEMO PERMIT PERMIT NUMBER rN. ' CITY OF ATLANTIC BEACH DEMO20-0005 '° 800 SEMINOLE ROAD ISSUED: 2/14/2020 `m19',' ATLANTIC BEACH. FL 32233 EXPIRES: 8/12/2020 STATE DCA SURCHARGE 455-0000-208-0600 0 $2.00 TOTAL: $129.00 Issued Date: 2/14/2020 3 of 3 City of Atlantic Beach APPLICATION NUMBER Building Department (To be assigned by the Building Department.) 800 Seminole Road DE ono Z O -0 ODS Atlantic Beach, Florida 32233-5445 Phone(904)247-5826 Fax(904)247-5845 7 A�01119' Z E-mail: building-dept@coab.us Date routed: Z. _ Z 0 City web-site: http://www.coab.us APPLICATION REVIEW AND TRACKING FORM Property Address: t ( E RD 1 Departm review required Yes No idin Applicant: Qv8LQC1CL Cttr Planning &Zoning Tree Administrator Project: ub'cwor ublic Utilities"5 Public Safety Fire Services Review fee $ _ Dept Signature Other Agency Review or Permit Required Review or Receipt Date of Permit Verified By Florida Dept.of Environmental Protection Florida Dept.of Transportation St.Johns River Water Management District Army Corps of Engineers Division of Hotels and Restaurants Division of Alcoholic Beverages and Tobacco Other: APPLICATION STATUS Reviewing Department First Review: teApproved. ❑Denied. 1Not applicable (Circle one.) Comments: BUILDINGp-A0 �.��-c_t_Tt•� lk"t<t C 4� PLANNING &ZONING Reviewed by: Date:O S[7czc7 TREE ADMIN. Second Review: Approved as revised. Denied. ❑Not applicablebl PUBLIC WORKS Comments: PUBLIC UTILITIES 04 PUBLIC SAFETY Reviewed by: / Date!0f�✓Z'd FIRE SERVICES Third Review: Approved as revised. ❑Denied. ❑Not applicable Comments: Reviewed by: Date: Revised 05/19/2017 „ , Building Permit Application Updated 10/9/18 j�; City of Atlantic Beach Building Department "ALL Ii•iFORMATION' 800 Seminole Road, Atlantic Beach, FL 32233 HIGHLIGHTED IN GRAY Phone: (904) 247-5826 Email: Building-Dept@coab.us IS REQUIRED. Job Address: r q jly"}"�I � Permit Number: (�e f)(\0 O-000.5 :t_ lto 21-Z.5 -VIC DAt,t-Att tx:c 3 LOT- 4.54 r,OLaate o to Legal Description "ga'1"tre„. 4 •)FF„c ___RE# t-,oio-di..4, 01L-0 C3 ” ' �'-'1' Non-Heated/Cooled '' Valuation of Work(Replacement Cost)$ E`�•tit.� Heated/Cooled SrSE • Class of Work: ❑New ❑Addition ❑Alteration ❑Repair ❑Move etirmo ❑Pool ❑Window/Door • Use of existing/proposed structure(s): ❑Commercial E1Rgidential • If an existing structure,is a fire sprinkler system installed?: ❑Yes f91f6 • Will trees be removed in association with roIosed .ro'ect?Ile •___ — • • '-xiit ❑No Describe in detail the type of work to be performed7D44 f S)1 t4-t Oft d'F'-, ire- e• u(L t, i;Prr1o\)CA.1 t %C A'Z•C Sd t.� pt,nc %re¢. 10 coLetd eq-5+ 3 lac o -hOci , Florida Product Approval# for multiple products use product approval form Property Owner Information Name U-)8\ 5 F (A 7 _ _ Address x Z.305 - b4 t• I"O(a st,Ca,-�-- 43City T.,4� (Y101 0 S State. Zip 5t.O 32 5 Phone 0 i l5 - 9$ -may! E-Mail k.X1iCill\a- . fi - 5Ccok ( -- .. 1::'\ :'.4 O4i . t001 Owner or Agent If Agent,Power of Attorney or Agency Litter Regii(r d) Contractor lnfcrmation /� n Name of Company ELM LAN>CUIiii-L!Z ? /AA:LL'i.XL Ai Qualifying Agent /�L,t.t PThT 'H'ALIC:K. Address --pi t N-.A Z A Ai City ATL 1Z L PrrAck State ?1-- Zip:3 i;..2.3 3 Office Phone Q(A- x7-1.4 17t'.,c( Job Site Contact Number $ori' b 2 • 17611 State Certification/Registration# C.L L I52g31s E-Mail l uii aro TAX c 6D/Y) Architect Name&Phone# /1, Engineer's Name&Phone# , / Workers Compensation Insurer LXGA/S:G V.ytif'.A!14L CV OR Exempt o Expiration Date //i/ 2.0Z i Application is hereby made to obtain a permit to do the work and installations as indicated.I certify that no work or imtallation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all the laws regulating construction in this jurisdiction.i understand that a separate pet mit must be secured for ELECTRICAL WORK,PLUMBIN i,SIGNS, WELLS,POOLS,FURNACES, b3ILERS,HEATERS,TANKS,and AIR CONDITIONERS,etc. NOTICE:In addition to the require tents of this permit,th are ma/au additional restrictions applicable to this prop•�rty that may be found in the public records of this r ounty,and there may be additional permits requited from other governmental entities such as water management districts,.state agencies,or federal agencies. OWNER'S AFFIDAVIT:I cert':fy that al i .:-foregoing r.icollation is accurate and:hat all work will be done in complianc!with all applicabl_laws regulating construction and zoning. WARNING TO OWNER:YOU• ILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN Y•�1 R PAYING T ICE OR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN ' i'I CIN , C"'NSU WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING ` tyI IC: O- OMMENCEMENT. a..,_,-...x - — — a rc of tiwn,lr r Anent) (Signature of Contractor) -. ::ed and stand sti_Fret to(or cffir 4rt),;r• or -,-' :hir dal nl S:;ned and sworn to(or affirmed)befor`mc this_v_day of - CL,_._ - t �.t_,_J ,J i ,by O.t t VA-,�‘4;._an\,i_td I , �� . ��. .. -___I _ (Sianat:.:eorWc4ary ~PiDL. 1l; 4 PtULL !A I r7il3#,JR, iiiesighboamw JOANNE BASSI ersonzl! Known OR IteCOM133304110011601 r1.-•,j Ir^;1 . 6fOTAR:::101nCEx0p4FreNsEW y ` EXPZRE` De nt a lr01i r iJuced tae i0nca '.on 1ERSEY 1,I'roduoati Identification „� •:' liibiti i e: 9�yPat TyDeulicientitiL-IF„, _ __ Type of Identification'C .e.rr3 $3?/30/207.3 NOTICE OF COMMENC:MIEi iT � � State of r C f�t1\4- Tax Folio No. - _ County of AMA-2- To Whom It May Concern: The undersigned hereby informs you that improvements will be made to certain real property,and in accords nce w:.i Section 713 of the Florida Statutes,the following information is stated in this NOTICE OF COMMENCEMENT. Legal Description of property being improved: it,"--;.4.42 2.i.•-'t>;' , - ,_t."- ,� .erik1Q. ; tk `12..WI- 10-1 �+ Address of property being improved: 19 p•n S. 4+t 4. Genera!description of improvements: :-Wif5(lb I 41 PD() Owner:�,,e--\ -r--u __ I -- Addres!, Owner's interest in site of the improvement: / l Fee Simple Titleholder(if other than owner). "r" Name: Contractor: Address: Telephone No.: Fax No: Surety(if eny). Address:_ _ Amount of Bond$__. Telephone No: Fax No: Name and address of any person maks.-g a loan for toe construction of the improvements N]me: Ari d j E's•.: Phone No: Fax No: Name of person within the State of Florida,other tht:n himself,designated by owner upon whom notices or other docu nents may be served:Name: Address: Telephone No: _ Fax No: In addition to lrmself, owner designates the following person to receive a copy of the lienor's Notice as prov d •d in Section 713.06(2)(b),Florida Statues. (Fill in at Owner's option) Name: Address: Telephone No: Fax No: Expiration date of Notice of Commencement(the expiration date is one(1)y ar from the date ecording unless a dif"event date is specified):-_— __ - - - - THIS SPACE FOR RECORDER'S USE ONLY G:.I:LF: 140jen ' i , Z17/ez Signed:__- Date:—_ - [lefore me this./.'!"-, ___day of_ - I • in the C t riw ui.t.leet state Of /14.1 ,has personally appeared '3r'eOnviti_ ,,i ,rt Lu-! _ Notary Notary Public at Large,State 9f Ay ,County of My commission expires:_7/30 7E Personally Known:_'EO DILL.- ___ __ _._ _._ . - . or I%nduied Idrulificatio:: If 1 "' " BASSI • •TA' PUBLIC OF NEW JERSEY omm. # 2436793 My Commission Expires 7/30/2023 rECEIVE FEB 13 ysl,yr,' City of Atlantic Beach 2020 APPLICATION NUMBER r'�jBuilding Department (To be assigned by the Building Department.) �Y' v 800 Seminole Road 7 /'— (�' Atlantic Beach, Florida 32233-5445 �E (�G GG r00O5/ Phone(904)247-5826- Fax(904)247-58457l /u;sl/ E-mail: building-dept@coab.us Date routed: Z-t 3/ 2- O City web-site: http://www.coab.us ! APPLICATION REVIEW AND TRACKING FORM Property Address: t 9e) c Department review required Yes No E i dingy Applicant: L P_v P) l—QK(t1 C- t- Planning &Zoning J Tree Administrator Project: Ho ; C-�NA. Cryubli�c WorTs ' • ublic Utilities--3 Public Safety Fire Services Review fee $ Dept Signature Review or Receipt Other Agency Review or Permit Required of Permit Verified By Date Florida Dept.of Environmental Protection Florida Dept.of Transportation St.Johns River Water Management District Army Corps of Engineers Division of Hotels and Restaurants Division of Alcoholic Beverages and Tobacco Other: APPLICATION STATUS Reviewing Department First Review: /Approved. I 'Denied. ❑Not applicable (Circle one.) Comments: BUILDING • PLANNING&ZONING Reviewed bye �; AL _ , ,. _ . Date;, 73 2O TREE ADMIN. Second Review: ❑Approved as revised. ❑Denied. ❑Not applicable PUBLIC WORKS Comments: PUBLIC UTILITIES PUBLIC SAFETY Reviewed by: Date: FIRE SERVICES Third Review: ❑Approved as revised. ❑Denied. ❑Not applicable Comments: Reviewed by: Date: Revised 05/19/2017 PUBLIC WORKS PLAN REVIEW COMMENTS Date: 7-13-20 Application#: DEMo E V 0 20 -0oo 5 Project Address: I q g Poi ase--I--h O. CONDITIONS OF APPROVAL TO PRINT ON PERMIT Check Box to Select All concrete driveway aprons must be 5" thick,4000 psi,with fibermesh from edge of pavement Driveway to the property line. Reinforcing rods or mesh are not allowed in the right-of-way. 0 Apron (Commercial driveways—6"thick). Full erosion control measures must be installed and approved prior to beginning any earth Erosion disturbing activities. Contact the Inspection Line (247-5814)to request an Erosion and Sediment Control Control Inspection prior to start of construction. _ J Onsite All runoff must remain on-site during construction. Runoff Post Const. If on-site storage is required,a post construction topographic survey documenting proper TOPO construction will be required. All water runoff must go to retention area and retention overflow ❑ Survey must run to street. Pool Pool—Wellpoint(if used) must discharge into vegetated area 10' minimum from street or drainage 0 Wellpoint feature(swale,structure or lagoon). Roll off Roll off container company must be on City approved list. List can be obtained at the Building Container Department at City Hall. Roll off container cannot be placed on City right-of-way. ROW ^/ Restoration Full right-of-way restoration, including sod, is required. yI Utility Any utility cuts in the road must be repaired using CO1 Standard Detail Case X and must be overlaid 0 Road Cut 10'in each direction from the center of the cut. Repair must be shown on the plans. Construction Provide construction site management plan, including location of silt fence, dumpster, portable 0 Site Mgmt. toilet. Right-of-Way Permit is required if using right-of-way for construction parking. Runoff All runoff must remain on-site. Cannot raise lot elevation. 13/ Document Strongly suggest thorough documentation of impervious areas be recorded. 02( Impervious Slab Slab and driveway to be fully removed. Driveway Maximum !Maximum driveway width within the City right-of-way is 20'. 0 Driveway Circular Maximum circular driveway width within the City right-of-way is 12'. 0 Driveway Grass Full site to be grassed. 0 TOPO Must provide a topographic (TOPO)survey with water retention for final CO Inspection. 0 Survey Revision Any plan change must be submitted as a Revision to the Building Department. 0 Fencing All old fencing and debris must be removed from job site by Contractor. 0 Removed Decking All old decking and debris must be removed from job site by Contractor. Removed Infra Any damage done to infrastructure must be repaired by Contractor. structure 0 Revised 12/16/19 City of Atlantic Beach Lien &Interest Calculation 198 Poinsettia February 25,2020 Fine Period November 26 through December 30, 2019 35 Days @ $125 per day $ 4,375.00 Interest 22.84 Total for Period 4,397.84 Fine Period December 31,2019 through February 3rd,2020 35 Days @ $375 per day 13,125.00 Interest 64.73 Total for Period 13,189.73 Fine Period February 4th through February 7th,2020 4 days @ $500 per day 2,000.00 Interest 1.16 Total for Period 2,001.16 Total Due $ 19,588.73 Calculation by M. Burns-City of Atlantic Beach - Finance Department 904.247.5807 ._., 'r;ONVILI.E I NEOhOST FIRST-CLASS MAIL y City of Atlantic Beach r� '� 800 Seminole Road , `r."..r 02/03/2020 (� Q 0 . Atlantic Beach,Florida 32233 US POSTAGE 006.90— 7018 2290 0001 0116 8435 ZIP 32233 karfail 041M11299654 Mr. Andrew Stelzmann 158 Poinsettia Street (� Atlantic Beach, Florida 32233 U \A) NIXIE 322 PE 1 0003/@4/26 ! RETURN TO SENDER UNCLAIMED USABLE TO FORWARD UNC BC: 32233546199 *1538-12972 -04-38 3225?a 'i59V4 .1II,a,111'i1('I iuIuiil+iIuhuilli,,e)i,ilililI 'iI1itilI 'IIIIii y =11ril4;iIlIl#►lir - °r ' NEOPOST FIRST-CLASS MAIL Cr #` n City of Atlantic Beach ,L)... �� : 20 02/03/2020 , '' 800 Seminole Road US POSTAGE$006.90- Atlantic Beach,Florida 32233 . li t al 4 7017 1000 0000 7000 B1,74 .� 04 1M11299654 Mr. Andrew Stelzmann 196 Poinsettia (Thr-/ Atlantic Beach, FL 32233 e_i i/..) nor XIE 322 DE 1 0003/04,/20 RETURN TO SENDER UNCLAIMED UNABLE TO FORWARD UNC BC: 32233546199 *1638-12871-04-38 3:22...1.. 3219901 IIIIIIIHIIIIIIIIII MIIHIP IIIIIIIIIIIII"Ill'ilIIIIIIIIH CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner vs. Property Address: 196 & 198 Poinsettia Street Atlantic Beach, FL Andrew Stelzmann First Class and Certified Mail Return Receipt 196 Poinsettia Street Requested: 7017 1000 0000 7000 3235 Atlantic Beach, FL 32233 and Wells Fargo Home Mortgate First Class and Certified Mail Return Receipt Attn: Property Preservation Requested: 7017 1000 0000 7000 3228 1 Home Campus Des Moines, IA 50328 Respondents. CASE NUMBER: 14-00000980 REAL ESTATE NUMBER: 170630-0510 LEGAL DESCRIPTION: 10-16 21-2S-29E, SALTAIR SEC 3, NORTH HALF OF LOT 684, ATLANTIC BEACH, FL ORDER WAIVING FINE AND RELEASING LIEN ON CASE No. 14-00000980 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on March 5, 2020, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders as follows: FINDINGS OF FACT 1. Respondent Wells Fargo Home Mortgage owned the property located at 198 Poinsettia Street, Atlantic Beach, Florida. 2. Notice of the hearing was sent by Certified Mail 3. Wells Fargo appeared at the hearing and petitioned for a waiver of fines that had accrued on the property pursuant to prior orders entered by the Special Magistrate. 4. Respondent Andrew Stelzmann appeared at the hearing. 5. Mr. Stelzmann did not oppose Wells Fargo's request for a reduction and stated that he had no current complaints regarding Wells Fargo's actions. 6. Respondent Wells Fargo has abated all nuisance conditions on the property by demolishing both structures, with Mr. Stelzmann's consent. 7. Petitioner City of Atlantic Beach, through Code Enforcement Officer Angela Irizarry, stated that as of the hearing, the property is in compliance. 8. Petitioner recommended a waiver of the $19,500 in fines that had accrued on the property as of the date of the hearing. 9. Respondent Stelzmann is now the fee simple owner of both parcels of property. CONCLUSIONS OF LAW 10.A waiver of all fines on the property serves the public interest due to the agreed-upon resolution reached by the Respondents and bringing the property into compliance. 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 all fines levied against Respondent Wells Fargo Home Mortgage are waived, the City of Atlantic Beach's lien against the above-reference property is released in full. DONE AND ORDERED THIS 20'x`DAY OF MARCH,2020. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTE! : Lori Diaz, Deputy City 4.10 Je/7'. Branham Special Magistrate Executed this 20th day of March, 2020. PLEASE NOTE: Florida Statutes § 162.11, states that an appeal of this order shall be filed in circuit court within thirty(30) days of this order's execution. U.S. Postal Service' U.S. Postal Servicer" CERTIFIED MAIL® RECEIPT CERTIFIED MAIL° RECEIPT Domestic Mail Only Domestic Mail Only rn For delivery information,visit our website at www.usps.com®. rum For delivery information,visit our website at www.usps.com®. D Certified Mail Fee D Certified Mail Fee $ D $ D Extra Services&Fees(check box,add fee as appropriate) ' Extra Services&Fees(check box,add fee as appropnate) 0 Return Receipt(hardcopy) $ 0 Return Receipt(hardcopy) $ 0 Return Receipt(electronic) $ Postmark 0 Return Receipt(electronic) $ Postmark D ❑Certified Mail Restricted Delivery $ Here D ❑Certified Mail Restricted Delivery $ Here D 0 Adult Signature Required $ D ❑Adult Signature Required $ ['Adult Signature Restricted Delivery$ 0 Adult Signature Restricted Delivery$ D Postage D Postage $ 1-1 Total Postage and Fees Total Postage and Fees $ $ r- Sentsant To, .r ls� S4e-t 2_kma YI►1 (11—ODUk)O9 D SWPM�S D (` — 0 t7 0 cx) R$ 0 N -Streett and t.No.,or 13O ffox"IVo. D Street aria-Apt.No.,or 13 x pfo. P- City,State,ZIP+44 pity,state,ZIP+46 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions PS Form 3800.April 2015 PSN 7530-02-000-9047 See Reverse for Instructions